HomeMy WebLinkAbout04-1209
ANGELA 1. BANKS,
Plaintiff
vs.
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNT~
PENNSYL VANIA
JANICE K. McGRAW and
JEFFREY E. McGRAW,
Defendants
NO. 2004 - I J.(jf
CIVIL ACTION - LAW
CIVIL TERM
JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money claimed in the Complaint or for
any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cwnberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3 I 66
ANGELA BANKS COMPLAINT I DISK 69
ANGELA 1. BANKS,
Plaintiff
vs.
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
JANICE K. McGRAW and
JEFFREY E. McGRAW,
Defendants
NO. 2004 I).. Dq
CIVIL ACTION - LAW
CIVIL TERM
JURY TRIAL DEMANDED
COMPLAINT
AND NOW comes the Plaintiff, ANGELA 1. BANKS, by and through her counsel,
Michael 1. Bangs, Esquire, and in support thereof files the following Complaint:
1. Plaintiff, ANGELA 1. BANKS, is an adult individual who resides at 215 Hilltop
Road, Boiling Springs, Cumberland County, Pennsylvania.
2. Defendants, JANICE K. McGRAW and JEFFREY E. McGRAW, are adult
individuals who reside at 2044 Northwest Violet Avenue, Albany, Oregon.
3. In January, 2003, Defendants were the owners of a residence at 215 Hilltop Road,
Boiling Springs, South Middleton Township, Cumberland County, Pennsylvania (hereinafter
"Property") which they desired to sell.
4. In January, 2003, Defendants completed a Seller's Property Disclosure Statement in
which they made certain representations about the condition of the Property. Attached hereto
and marked as Exhibit A is a true and correct copy of the Seller's Property Disclosure Statement
signed by both Defendants.
5. On January 22,2003, Plaintiff and Defendants entered into a written agreement
whereby Plaintiff agreed to purchase and Defendants agreed to sell the Property for a total
purchase and sale price of $1 66,000.00. Attached hereto and marked as Exhibit B is a true and
correct copy of the Agreement of Sale for the Property.
6. In entering into the Agreement of Sale, Plaintiff specifically relied upon the statements
and representations made by Defendants in the Seller's Property Disclosure Statement,
specifically including but not limited to statements contained therein regarding the absence of
I
ANGELA BANKS COMPLAINT I DISK 69
any water problems; absence of any problems with the roof; absence of any problems with the
heating system; or absence of any inclusion of any fill on the Property.
7. The parties settled on the sale of the Property on May 30, 2003.
8. Upon taking possession of the Property in May, 2003, Plaintiff discovered serious,
extensive, and material defects in the Property which include, but are not limited to, the
following:
A. Significant water leaks in the roof;
B. Extensive water seepage into the basement and first floor in various
areas at various locations;
C. Leaking oil tank; and
D. Failure of the heat system to work properly.
9. Plaintiff discovered, after taking possession of the Property, that the Defendants had
taken steps to conceal the water seepage by repainting areas where water leaked into the Property
including into the sun room and the basement areas and recarpeting prior to listing the Property
for sale so that a visual inspection would not reveal the presence of water seepage.
10. During the course of inspecting the Property prior to purchase, Defendants suggested
that the basement was used for living by locating TV, stereo equipment and computer with an
office set up, with no dehumidifier present, thus giving the impression that the basement was
water-free.
II. Plaintiff, either individually or through her agent, made the Defendants aware of the
fact that she intended to use the basement for a living area and that was the primary reason of her
purchase of the Property.
12. Plaintiff also discovered, after taking possession of the Property, that the Defendants
had engaged in extensive water control efforts by bringing in loads of fill to divert the water
away, none of which was disclosed to Plaintiff.
13. Defendants actively concealed the water problems with the Property by covering up
the water-stained areas with paint; by placing new carpet in the basement to hide any evidence of
water; by putting paint and other covering in areas where the roof leaked; and by having their
furniture in the basement in such a manner that would suggest that the basement was waterproof.
2
ANGELA BANKS COMPLAINT I DISK 69
14. Plaintiff has incurred or will incur expenses and damages in the following manner to
correct the items that were not disclosed to her which include, but are not limited to, the
following:
A. The basement needs to be water pumped with the installation of sump
pumps;
B. The drop ceiling needs to be redone which is damaged by water;
C. The installation of a roof outside the basement entranceway;
D. The removal of concrete at the cellarway steps to fix the drain;
E. The repainting of all basement walls including the eradication of any
mold and mildew that has developed;
F. The replacement ofthe sunroom roof which is improperly installed and
leaks;
G. The replacement of all carpeting that has been damaged by the
excessive water;
H. The fixing of the oil tank or replacement as needed;
1. The regrading of the yard so as to remove the improperly placed fill to
get the proper slope on the Property;
1. Installation of an electronic hot water heater to repair problems to the
hot water system;
K. The replacement of any items needed to be removed in order to
complete the work or items that have been damaged by the water; and
1. The repair or replacement of the front porch to control water and repair
water damage.
15. The amount of the damages or expenses that Plaintiff has incurred or will incur
exceeds $35,000.00.
3
ANGELA BANKS COMPLAINT I DISK 69
COUNT I
BREACH OF CONTRACT
16. The averments of paragraphs I through 15 are incorporated herein by reference as if
more fuIly set forth.
17. Defendants had a duty when they entered into the Agreement of Sale with Plaintiff to
disclose all of the material defects in the Property which they failed to do.
18. Defendants by their conduct have breached the agreement between the parties by
failing to deliver the Property in the condition in which they represented it to be at the time the
parties signed the Agreement of Sale.
19. Plaintiff has been damaged by the conduct of the Defendants in an amount in excess
of $35,000.00.
WHEREFORE, Plaintiff demands judgment against Defendants in an amount in excess
of $35,000.00 plus interest plus costs of suit.
COUNT II
MISREPRESENTATION
20. The averments in Paragraphs I through 15 are incorporated herein by reference as if
more fuIly set forth.
2 I. Defendants misrepresented the condition of the Property by their failure to disclose
problems with the roof; water problems in the basement and first floor; and problems with the
heating system.
22. Defendants, at the time that they completed the SeIler's Property Disclosure
Statement and entered into the Agreement of Sale with Plaintiff, knew of the water problems,
leakage at the roof, and problems with the heating system yet not only failed to disclose those
problems to Plaintiff, but actively concealed the problems from Plaintiff.
23. Defendants misrepresented the condition of the Property by falsely and fraudulently
completing the SeIler's Property Disclosure Statement when they knew that there was a water
problem in the basement and first floor; knew of the leaking roof; and knew that the heating
system was in disrepair.
4
ANGELA BANKS COMPLAINT I DISK 69
24. Plaintiff justifiably relied upon the Seller's Property Disclosure Statement
concerning the condition of the Property as well as relied upon the condition of the basement
area itself, both of which not only failed to disclose that there was any water problem but also
suggested that the areas were free of water.
25. Defendants, by their conduct, mislead Plaintiff by misrepresenting the condition of
the Property.
26. Plaintiff relied upon the misrepresentations and active concealment of the
Defendants to her detriment by purchasing the Property which had extensive damage and
renovations needed in order to put it into the condition she thought it was in at the time that she
entered into the Agreement of Sale.
27. Defendants' actions in actively concealing the condition of the Property were
outrageous and served no legitimate purpose other than to cause an active concealment of the
condition of the Property so that they could misrepresent its condition for sale, subjecting them
to punitive damages.
28. Plaintiff has been damaged in an amount in excess of $35,000.00 as a result of the
costs she has or will incur to fix the defects in the Property and to put the Property in a condition
that it was represented to be at the time of the sale.
WHEREFORE, Plaintiff demands judgment against Defendants in an amount in excess
of $35,000.00 which amount includes punitive damages plus interest plus costs of suit.
v;J;T7 ///
MICHAEL 1. BANGS (I . 41263)
Attorney for Plaintiff
429 South 18th Street
Camp Hill, P A 17011
(717) 730-7310
5
VERIFICATION
I hereby verifY that the statements made in the foregoing Complaint are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section
4904, relating to unsworn falsification to authorities.
Date:311 '(ICl+
C\'\\f\O~fi ,~,~y~
ANG~~-B~KS
L
ANGELA BANKS COMPLAINT I DISK 69
EXHIBIT A
7
~EaER'S PROPERTY DISCLOSURE STATEMENT
T Property Address 'J'\;'\\\\.'--\-~~\'''~y~'\..\'''''\~';'\'''c>'''';'' ,\.~
, '
SPO
,
~ -L--..........-.
J ~ell.r
, A sellcl' must disclose to tl buyer nH known Iluuerial dcfccr.s about prop~rtY being sold lhfl( arc nor. readily uh'lcn'ubJe. This di~cJt)sun:; ~
.s star.emenl is designed (0 assist, SeJl.er in complying with di.sc)ollure requirem~nts and [0 iUl,o.:ist. Boyer in evnluating the property being
& considered,
1 This Slalomenl disclo.... Seller's knowledge of the condirion of rho properry as ot the date si~ned by Seller .nd i. nl.t a substitute for ,
& any Impections or warrantl.., that Buyer may wi,h to obtain, This Statement i, nol a worr~n&Y of any kind by Seller or a warraury or
!l represenlUtion by any listing real estate broker. any selling toal estl.l.te bn')~l'i or their liconilCelO. lIuyer is eocouraged (0 address ~ODCtm1S ~
10 abou, the conditl".. of the propeny lhatmay nor be Included in (hi. Statemellt, This Stlllement does noc relieve 50111:1 of the obligation ID
., '" disclose a material defect dw. may Dot be a<ld1'esscd OIl this fomL 11
'l A mataiZll dcfc:cl is 11 problem with the property or allY ponion of it that woold hove a. .'iignificanl advers.: impact on the value of the 12
li1 residentillI real propcrt)' OIlhal invt)lvfllt an wu:c~un.&b~ risk to people Oil the Innd. 13
"
"
" 1. SELLER'S EXPERfISE Seller doe$ not PO""" expertise io co"tracting, engineering, architccture, or oth.r or... related 10 the "
" coostr..,rion end conditions of the propctly and 118 impl'(lvemenlS, except as tollow", 16
OCCUPANCY 17
(e) Do you, Seller, currently l1C<:upy mi. property? 1lI Ye, 0 No ,.
If "no," when did Y0l1lo81 occupy Ih. property? 19
(b) Have there heen any pelS living in the howe or other .'lrucluros during your ownership? 'I!!l Yes 0 No 20
If "y..... de.<cribe: DOG;oIl. PAST ~"12.. 21
17 2,
"
"
"
Z1
22
" 3. ROOF ,/
Z4 (a) Dat. toof installed: 7',' 8 - l!9 Documented? 1iI Yes [J No 0 Unkoown
2S (b) H.. the ri>ofbeetueplnced or repllired <llIring your ownership? lilI Yes 0 No
111 (c) If "y..... were tbo: exisliDg shingles n:moV<ld? a v.. CJ No 0 Unknown
21 (d) Ha, the roof ever leaked during your ownership? 0 Ves l!!I No
" (0) Do yoo know of any problems wilh !be root. gutters or downspouts'f 0 y"" Ii!I No
Z9 Explain any Uyes'~ answers llud you .givo in this section:
"
Al
J2
I3
;!I No
22
23
"
23
"
"
14
I'
"
31
32
33
- 34
35
"
J7
"
J5
34
31
4, BASEMENTS AND CRAWL SPACES (Complete only If applicable)
(0) Doea the property have ~ sump pWllp? c:t Yes iii )I/o 0 Unknown
(b) Me you aware of any warer leakage. accumulation, or dampness withinlbe basement or crawl ,pa<<'!
If "yo.," describe in detail:
DYes
(c) Do you know of any repairs or other !\Utmpts lO contro,l any wafer or da.mpnes~ problem in f.he basement or crawl spac~'l
D Yes 'Ii No
[f"y~n de<!cribc lbe IllC8lioa, eDeIlt, dar.c.lUld DllDle orlbe P"""'" who did Ihe repair or eOllttol effort:
at
31
" S.
41
41
43
44
'4
,4&
.,
..
41
:q
$1
it
53
31
..--~- 3~
,TIilRMlTJlSJ\VOOD-DESl'}ij)\llN(; INSE(''1'S,I)&\\'ROT! PE.<nlS
(a>,' Are you ..ware of any tenn~tes/wood..dc5tr9yi"$ i~liects, dtyro(" OJ' pests aff'e:lrdng the property'! 0 Yes
(b) My~.w.,..,ofallyd"l\.ge U\ rhepr<lpeo:ty,ul1~~~bY~I"~","o"'d""lroyil1g i".~.., d'OYfOt.,Ol' ne.L.? "
(.)~ }'o~r Pl'QpenY .u~ntly lInder ~ontiuet by ali"""sed1'..I~onIrOlcOmpl\JlY'? 0 V.. . Jll No " "
(II), ;\,re~"~Ofl!'lY ~iWpcsr~IUI\I[~...tJ'"'tnl!"!,.,,,r<!f~ IJl'OPCm' in~ la~fovere-?" 0 Ves 8t/o "
Explilin llIly "ycs" answcrs dtatyou JlIve inrhl. ,ection. including the ""me of IlllY serviceltroolJDeDr'plllvidor, if applicahlc: _ "
",-;- , ,','. " ',' ,"",:'.: ' ,: " :,:,:.", .',,:,:,', ',- ".," ,.":,.,'" ',", ' , " ""',
40
SNo
o Yt.:9
41
'ill No
.1
41
(t
so
IS
51
6, STBUC'I1!lW. ITEMS .
, (i>1',~You :..:..tt~~f any p~t;c~r Pie~e;'t w'';i:f )e~ie in ~ ~Qilse' or nrherslfllclUres? 'W Yes 0 No
(b) A"I YOg aw.... of.rry paM Or IIre..~t mov~en~..hiftiitg. dClerior~tion. Or orhcr problems, with waUs, foundntions, or other 3/MlC. .,
'~"'lmpoa~1 DV..-, .1\10 ',' ."" ,': " '. . '. .,
M Are. y,":, ~w..., cIany pail ur p...scnt problem;, wididtjv~ways" wal~ays, pall.., or ,"mining walls "" Ihc propat)/? 51
(d)~~~~r'i>~:~;:;;"I1~~~~l:itIi \i~E~i~i;d~i,(;~l~~~i:Fi~[i~f1;g'sV~tem(/liFS), such as drlvll or 'yn,h.lic slUeeo? ::
o Yes 1I No 0 UnkDown '54
If ''y';" "de"'-'ribC any kIlo";n pn>bl""''':.. " '"
"
"
.,
Ii!ilild$:
"
1:1.
"
..
"
.\
<I
"
..
"
11
"
73
,.
"
"
"
"
"
ID
"
"
II
"
"
,0) Are there "ny defecls in nO(lrin~, including slains? 0 Vo, IllI No 0 Unknown
If "YCii," explain:
'9
"
.,
E~pJA.iD any "yes" answer$. mal you gi~;i;. "this sc::cUon. When' explaining reports CO cOlHrol 0(' repair, prl.;a.'H~ desaib.t -[h~ toea.. 62
lion and eXlcnf of rhe problem. and the date /tml person by whom the work Willi dLln~1 if knuwn: 6J
..
7. ADDITIONSlREMODELS Have you made a.t~f additions, slrucluraJ ch.ang"es1 ororhe.r alteration,:.; to Ibe property? g Ye... 0 No 65
If "yes," describe: ~~MODl60BIlrfH S I .ijALL +- mA~-r~ K ..
\7
..
..
B, WATERANDSEWAGE
(a) What Is the &o\lrco of your drinking waler? Bl'ubllc War.. '
o Conununity Watet 0 None 0 Other (exploin)
(b) !fYOUt drinking watet ~ource i. not public:
When was your water last tl!:sted?
Is the pumping .y.tem in wurking order?
IflM." exploin:
(0) Do you bave a sotlener.fdt:er. or other purification .y$lem? if Ves 0 No .....~.rT H. ~/t.K. .v
If "yes." i. lb<lsyst:em OLe.sed 18 Owned 6J1r>Jt1f'IYJiJ:./Iif; 6111'''' l'K.,..,.n' llm~, sr'",- Nt:1T IV I.
(d) Wbar is lb<l type of sew. oystmn? Ilf Public Scwc< [] IndjvjduaJ On-Io' S_age Di.pos31 Sy=m
[] Individu.1 0....101 Sewage Disposal Systcm in Proximity '" WolI 0 C01lllllUlliry Sewago Disposal System
o Tho-acre Pcnnil Exemption 0 Holding Tank 0 None 0 None AvalloblelPennil Limil.lions in Effect
If Individual On-lol. what Iype? CJ ec..poo' [] Drainfield 0 Unknown D Other (lpccify):
Is there a septic lank 00, the Property? [] Yes [] No [] Unknown
""ye.." whlll is lhc Iype: 01' lank? [] Metal/steel 0 Cem.nrlconcrele 0 FibcIlllass [] Unknown
[] OdIer (specify):
OdJu Iype of sewage system (explain):
o Oo-Site Waler (W.II on P"'pcrty)
Whal was tho r.sult of the test?
o Yes 0 No
7D
11
72
n
14
75
1S
'71
"
I.
~__ao
$I
"
"
..
"
"
" (e) When wlI$ the on-sile Sewage disposal system last serviced?
'7 (i) Is rhere a sewage pump? 0 Yes f!I No
Q Jf "yes,>> is it in working order? 0 y~ (] No
II (a) Js either lbe watc:r or sewage oystem shm:d? 0 Ves III No
.. If "yes," explain:
g, (h) Me you awac~ of any leak..s~ bll.dulP$~ or olher problems relating to any of the pJumbing, Waler, and sewage-related itemA?
" 0 Ves)i!l No
13 If "y..... explain: 93
S4 9. PLUM8ING SYSTEM "
Ii (a) 1)pe of plumbi1lg; I!!l. Copper 0 6aIvllJlized 0 Lead 0 pVC 0 Unknown 95
IS 0 OdJer(expJain): "
11 (b) Are you aware of any problems with any ofyour'plumbingtistur<s (e,g., including but not limil<ld to: kit.:hen.laundry, or batb- 97
J8 room fi~tufes;wet ba11l; hot water he-te!;' etc.)? D'Yc!i .K1 No 98
II If ')res," explain:, "
.Oll 10. I(EATINQAND AIR CONDITIONING ,..
111I (a) 1\Ipo of altcon4iliODiull: :l!9Cenaall!lOc;iric 0 OlDUal Ga. 0 Wall 0 None 101
'112 NIIIJIber of wiDllow unils iDclud~iIl.a1e Location 101
IDS (b) List anyareaJI of the house that ar.' not air condilioned: aAs"NI~ /Jl .os
'"
105
...
...
101
1M
uo
111
t12
111
17
..
8S
80
"
"
(c) 'I)1po of heating: ' 0 Electric, ,1!l FuolOIl 0 Nawrol (Jas 0 Propane (On-.he)
:A'!'me",!",oodO~ coalburnllla'sr.ov",? 0' 'Ye$ ,lill;l\Io '" !t"yO$."lI,oW lnllJlY? _ Ax" they IA{Orldng',
Arc "-any fitcpJ.aces?.. Yes [] No if uYC$," f10w llWly? -L AI]: they working? B. Ves
.Oiber ~ of be~ling ~ysre'm''(4)Xplail>)r '. '
'04
'os
o No,llo\
[] Yo~
ONQ
107
'"
115
111
(<I) Ate !bent any ahlmneyl? .' 1IiI Yes ,'0 No If "y..;.. how "'lmy'? -L Arc they working'!
When were they 1..1 clcaned'/ uNI<.NCW AI
(e) l!"t Brlf '!To......f the ~OU'!' that ~'J1ot heated:
/,",:,:-""'::.i '",',"'.', " ,t'.' ,';;.0' <~~"",::,,::~;,';':,-:;,", ,.,:~~",~~,',\i" ,_
(f) 'I)1pc of water bealing: 0 Elec:tricO Oa$ cr Solar'
(g) Are you aware' of aoy UJlderllfOund fuel ionkS on,'llie ,m.,.ay?
Ifl.'y~~ 11 dc~?~ibe;
If ~ ~.. AO* o""n.d. .Kfll~(U .
J\Te you-~au-C'(l(MUY problcm~-w~t~.ny'j~m:thi!"~~dQDt [:rYes 8: Nt;'
If "..;. eXplain:' , .
1111
"___~.~~_..._._. 189
Jill Yc. 0 No '"
\11
11'
113
l!!I Other: 01t. 801U:~
o Yes a No
".
'15
"'
'"
'"
".
"'
~~t..
".... <,
S~".r'. ~nlt1aJs,
.,LECfRICAl. SYSTEM Are you aware of any problems or repairs needed In the eleclrical sy,tcm'! 0 Yc., 'IS Nu III
If "yes,"cxplain: _..______ 122
11>12. 01'llllR EQUIPMENT AND APPLIANCES INCLUDED IN S~UHCompl.t. only If applic.blt) ., III
lIt. nquipmtJ1t and appliance.'i ultirruueJy incl\ldc4 in the sale wlll be delerrnincd by negotiation and according to the te.rnl\'> of (he 114
125 Agreement of Sale, m
us (0) Ja Electric Oata~e Door Opener No. of Transmitrors ~ '"
127 (b) 1!9 Srno~ De=lOr, How IDDl\Y? ~ Loc.tion J'oil\ji-J fU>.1l- HAl.l. i!,A~4</VI;f,tff ST/\/ j).s 117
'"~ (e) 0 Security A.lllIlI\ System OOw.ed 0 Leased 0 Lease [nform.tlon ,/I
,.. (d) 0 Lawn Sprinkler No. 0 Auroroatic'TImer '"
liD (e) 0 Swimming Pool 0 Pool Heater 0 Spalflnt Tho 130
13. PooVSpa Equipmen. (Ii.t): 111
'" (t) 0 Reliige..tor is Range Q Microwave Oven 2:l Dishwasher 0 TrAsh Compacta. 0 Gllrb.go Di.po.llI m
13J (g) III Washer 2!l DlYer '"
II< (h) 0 I'ntercom 13'
'M (i) ,Ill Ceiling faDS No. ~ Lee.'ion 3 &;.pll.Db1n$ I ,ibl<.cH '"
'16 0) 0 Otiler: 131
131 ,!\It'any iu:~ in dtls sectioll in need of repair or roplaccmenrl Cl Ycs ll!I No 0 Unknown 137
111 .If'l)itll:" expl~n: 131
'" 13. LAI'lD:(SOIlS,DRAlNAGE,ANDBO~AlUES) '"
110 : (a) 'Arey'ou,aw.~of.anyfillo.rcxpall$iv~.soilonthcpf'Opcrty? 0 Yes iii No 140
1'1 (b) Are you aware of any $I{ding. settJio&. earth Inovemenl. upheaval, subsidence, or curth :ltability problems that huvc occurred on H1
'42 or affeet lhe property? 0 Ye, J!!I No ,.,
,.3 No'" to Buy,,: The propert'l'nuty be subjecllo mine subsidence dam/lgeo MtJpJ' of the counties tJlJd mine.\' whtlra mint: JI,dJJukncl:. 143
'" dnmage may occur and mme $ub.'lihnc.l....uranc. are aval/abl.rhrr>ugh: Depanmeot of Environmental ProteCtion, Mlno Subsi- ,u
us dence Insurance Fund. 3913 Wasbington Rt>ad, McMnIT8Y. PA 15317 (800) 922.1678 (wilhin Pennsylvania) or (724) 941-1100 '"
... (oulSide Pennsylvania). ".
'" ,_c.(c) Art yoo .ware of any existing or propo.ed mining. strip-mining, or any olher excavalions that might affect this property? '"
,.. 0 Yes 'il No ' ...
'"~ (d) To your knowledge, is litis property, or p8tl o( ii, localod in a nood"""" ur wetlands are.? 0 Ves i!l No ".
li1l (e) Do you kilow of my past or present drainage or flooding problems affecting the property? 0 Yes 13 No ,,,
.51 (f) DoyoulcDowofanyenct<w:hmetJlS.bo1InrJaryline,dispures,oceascmcou? 0 Yes 1iI No ,';1
1St NOIe to Buyer: Most pmpcrtie.r haVil C4r.lfUnu TUMmg across lhem for uJ/lity $ervicts and other rt,'OSOIlS. In mallY da$es. the 152
15:J ecuiJ1'n4l1U dn 1M' PV$lric:t lhl! ()Minary us, ~f th4 p't'Ope.ny. tlhd Sell~r may not be rr:udily (lwan: oj themo Buyers may WJjh to 15.1
'S4 detormine 1M ~xtsl.:nCI! of "UO~,"II1I$ and 1V.flr;ctJons by t~am;,tillg rhf/. propdrly anti QrrJning toln Abstr(~"l uf n'tle ur ~'~art;hinK 1~
~55 the. '-cordI in rhe Ofjfce ofrhe Recorder.()fDe,dsfo, the count)' be/tire enten'ng into an Agn!t:menl oj SaJ~o 15!i
Ii' (g) Ale yoo aware of aay sharc:d or common areas (e.g., driveways, bridges, docks, walls, elc.) or mainrcn.nce agreements? 15'
151 0 Yes Ii{ No 157
tU ' ExI1I,ain: any ~'yes" ansWers that you give in lit;, $&.~ion: Iii
tU m
... 14. lIA2AJWOUSSUBSTANCES '10
, '" (aJ ArC YOD aWllI:e ohny ,;ndc:rground.tank. (other lban fucllanks) or hlWlfdous'substances preson' nn tho property (saueture "rsoil) '"
m 'such ..: liu., nl" limited to, aSbeSlos,Polynhlorin..ed biphenyl. (PCBs), Ureatonnllldehyde Foam Insubtion (Urn), etc.? '"
'13 0 Yes ,1"1 No 113
104 (It) To your kno,,"lIOdge, has !be pn>pllJ1y m,e. tosted for any hazaninl1ssubslances? 0 Yes III No 11;4
115 (c) Do you know of any Olbcr eDvirOoinental concerns thai might impacr upOn lhe property'! 0 Yes l!lI Nt) ,"
1U Sx:plain any ~"yes" answers ,that you give in';~S':5cctiDIl: 16&
la1 1~
'II (d) ,Do ynu know Of any ",sltf()irlldOn gilStharllav" beenperforlned in nny buildiDgSOR lh. property?' 0 Yes III No II!
'61' If"yes~.~ dare, Ij'pe. aJtd~llSofan \fJ.U&beIOor. 16t
110 DATE TYPEell'TEsT"" ,", Ras1JLT$'(pjcoeliri"siJi~r nrwotking levels) N'AMI! OF Tlls17NG SEl\IIC1l "0
111 111
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111
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110
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(e) 'Arc YOD'~_.:'!. iI~'i,~ra~on,n:m,OYal, .y.~on!heP'\'P"rty?, Cl'''',.~: I!!I No ,
If.~.ltsr .' ,-1nG oh,,-. _WftdIier it is In ~llg.ordor 1>010..;
, DA1E INn ,~':'" " Ol'SY:n1:M ' PJOVIDBR
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o YIIS 0 No
.0 YO:f CJ No
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/) Ifpropeny wa.~ C(lnstructed, or,f cunstruction began. before 197K, you must disclose (my knowledge of lea.d-bllse.d Pllint on (he 16)
propeny. Are you aware of any lead-ba,cd painl or lead-hased painl hllZBFds on the propeny? 0 Ye. ti!I No ""
If "yes," explain how you know of iI, where it is, "l,d the coodition of tho,e lead-based painl ,onace,: '"
'_. _,.~I86
(g) If ~roperty wus Ct)nstru~led, 01 if construction began, before 19'78. Y(1U muSI disclose a.ny reports or record!i of lead-based [lainl m
or lead-based p/:I.int haLfllds on tbe properly. Arc you aware of any reopons or rcL"Ords rega.cd~og 1c.ad-bused paint or ICII:lJ~bQs.ed U8
paint hazard. on the property? 0 Ya. 1!!1 No ",
If ''yes,'' Ji!lt a.1I available rep(\rts and records: _ 1~O
__ 19'
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192 15_ CONDOMINIUMS AND OTHlR HOMEOWNER ASSOCIATIONS (Complete only If applicable) '"
193. Ty~e: 0 Condominium 0 Coupcralive 0 Homeowner Association Or Planned Communir)l 193
". Orber _ t!~
1!lS NOlU.r.f;udi1Is: Condominiums. Coopervtiv.., and Planned Cummun;/i..: Accordi.s: 10 Socrion 3407 of the Unlfomi Condo. 1IS
tIS miniwH.Acr (68 Pa. C.s. 6J407 (,v:laring 10 r'Sold of urtilJ:) and 68 Pu. CS. 64409 (relmin!:. to N.caJ, of cooperative interests)) and 196
101., Section 5407 of Ih. (fnifnrm PIa1f1U!d Co...",",Wy Ac, {68 PrL CS ~5407 (relalilllllo ""01. nf lIl1its)), rl buy" nt a resalculIit In " '"
19& cult(iumilllum. r.nope"altve, or planned cnnununiry mUjf ,.tce;v~ Q capy uf the de.dfUdti01I (other Ihalt thlt I'lat.f a.nd plans). the by- 1R8
111 'laws, the. 1LI1tu Qr regulations. and 4 ce:rtificate of re$(JU: usued by,lltf au()ciation i1l the lOlldominium, cooperative. or fllannt.d com- Hi
101 """,il)\ 1'h, buyer 10'/11 have ,he option o[ co"",Ung rhc agreem..r wllh Ih. return of all depnsi/ moni._, unlillh, certi(ical..Juts been 201
'11 prov/dld 10 the bU)I8r ,md [or flv. days Ih."aft" or until cOllveyance, which.ver uccurS jim. '"
,.,16. MISCELLANEOUS lDl
203 (a) Are )'ou aware of any hlstnric preservation restriction or ordinance or arch~oJogical designation asosocialed with the property?' ~u
'" DY.. l!!l N" ".
105 (h) Me y"u aWHr. "r ""y existing or th,eatened legal .ction llifocting lbe propeny? D Vca )!! No '"
'" (0) Do you !mow of any violations of federal, .tate, or Incallaw. or regulations rel.ting to this property'? DYes 'Ii!l Nn '0'
107 (d) Are you aware of any public improvement., condominium or homeowner association assessments against the property lhal remain 201
lIB unpaid or of any vjQlationll of "(lnin!t housing, buildins. safety or fi1e ornmanccs Iha( remniu unc;ocrccted? 0 Yc:o; , B No 21la
21! (e> Are yo" .WllC. of any judgmenl,.encumbrance, lien (for exampl., co-maker or equity loan), overdue puymenl I>n a .1Ippurt obli- '"
". gation,or other debt .gainNt lhi. property lhal cannOI. be satisfied by the prnceed.nl' thi, .,,1.? DYe. ti!I No '10
211 (t) Are you 3.W.are of any re.uon, including a deJecl in tide. thnt would prevent you from giving a warranty deed or conveying tide [0 The 211
'" propotty? DYes JZIl No 212
m (g) Are you aware of any ,"uterial defecl$ to the property, dwelling, or fixturo. whicb are not disclosed elsewhe.re on this fann? III
114 D Y.., gNu '"
m A material defect Is a problem with the property or any portion of iltbat would have a .igniricanl adve",e imp... on ~IC value of '"
H6 the re9identidl real properly or that involves an unreasonable risk to people un Ihe land. '"
20 Explain any "yer." answers that you give in this ~ection; 217
211 218
2tll , 211)
'" 1'&. nnder$icned Seller represenb Ib.t the .lnfermalion set forth in Ibis dloclosl1re stalelllent ia a..urate and complete tilth. best 220
'" of S~r'.ltnowledgF' Seller hereby nuthnrlzeo the Listlnll B.uk<:r ll! p"l'vide IbIs Infor.....tlon to prospoctive buyer5 or !he prop- 121
m ertr'l!d tll other real estate licensees, S);)Li,ER 4LONE~ ~J!Ol'llSI"J.,Ji:FOH l'~Jj: A,CCORACY OF TJlIl: INFOaMA,TION In
'23 OONTAI~ [N TmS STATEMENT. Seller shall c~_ B"f.' to be Antllledln l"ltlDIl of any Inl'nrmatlon supplied OD ibis tonn !l3
It, w~~ Is ~dcred lnaccurat. by a change in,.thc.co...iti"""fthe prn,",~JoDowing completion ot thistonn. . '"
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.....S..I1..L...LE......R....~......... ..... .'. '.K.', -'ht.7&iZW'"'
SELLER . .'~
SJilLLER. '.
DATE
DATE
DATE
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u.E(:lJTOR:,~~~TOR:,..~llv~.~~I(;NATJJRF.II~O~K
'~~!I.o the proviaiOll5 olttlCl '1tc.1. &tatc Seller ,pboJCMIIII'C~ M ~ lDldcDl~ qxccwor' .dmiDi.lr*ocot tru.tcC I. dOt rcquh-cd to fill OUtll Seller'~ Propcl"n'
~Sl?lo~~ S,w.eIn.tnt;,'l)1e~~. MJmiIli~~,I~r, W" INste~. ~~ J~~.!~~.,~~t;lQlr,~~~ ~il1~~~I(t) <J'lh~'propct~Y:
, . ., .' . DATE
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STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE
Tbis foro, recoonmende,I."J approved for, bm nol reltricled to use by, the members or the Pe"".~I"ani" Ass",,;a!ion of REAI:rORS" (PAR)
AlS-2K
~IlLLE!!:SJlUSINE~~ REl-~I9~~HlIhm1H~J1<;ENSED BROKER
BROKER(Compa.y) (NO! F-~ <f( ~rrc;R.(il'J<-' li1:;ft{_{(){,,\"') PHONE
ADDRESS FAX
BROKER IS THE AGENT FOR SELLER. Designated Agent(s) for Seller, If applicable:
OR
Broker is NOT the Agent fOf Seller and Is alan: 0 AGENT FOR BUYER 0 TRANSACTION LICENSEE
~~'SJlUSI~ES ~I. S~PtI.THPALICENSE.DBROKER. '{
BROKER(Co~V'!l!l1- I )bL-L- . ~ PHONEfd' 7u~D
ADDRESS 3'1~ ~f..T, ~ r1fJ I. F>>- /7()/ FAX In/-f? '3
BROKER IS THE AGENT FOR DUYER. O"lg.at,d ig,.t(s) 10' Boy", II'apPlkabl,,'0fA~fJlIt;Ufl./, Nt, !fir];
OR
Broker Is NOT the Agent for Buyer Bnd Is alan: 0 AGENT FOR SELLER 0 SUBAGENT FOR SELLER 0 TRANSACTION LICENSEE
When Ihe same Broker is Agent for Seller and Agent for Buyer, Broker Is a Dual Agent. All of Broker'sUcensees are also Dual Agents UNLESS
there are separate Designated Agents for Buyer and Seller. H the same Licensee is designated fur Seller and Buyer, the Licensee is a Dual Allent.
,. i!:~i6 JllJreemen~ dal,d 1~61 0.3
SELLER(S),_ ~i\llcF:: K,.J t'lrJ.,-R W
_1I:::F.ft5LY Co N"-to tZ W
BUYER(S), t+ N ('r-eI,4 L, b II tV t< ')
,is between
, called "Seller," and
,called "Buyer!'
8
9
10
11
12
13
14
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16
17
18
19
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22
23
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25
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27
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29
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35
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2. PROPERTY (1-98) Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase:
it7fl~ITqr:; lfilti; ;UII:::: ';I:P;;:~~';; 'recIW~~~;~ "MI Mil/Of! ~:
COllntyof lJl"r, itlZ.l~R!.ff1)1 In the Commonwealth of Pennsylvania, Zip Code /i()/? 12
Id,.lIno..lo. ("g., Tax ID'; ran"'i Lot, BI.,k; D"d D..k, p'." R".,dl.g Oal,) ~~
3. ~~R::'S~~~:~ri" ~ !(../;Ot!lO~- Dr--c I!v ~1:JAE,-:> S;" ~ c;,f 1J.+."V.I1--~'l\{.
U.S. DOlla:/n ~\..
which will be paid to Seller by Buyer as rollows: 18 .\
I. Cash or check at signing this Agreement: $ 01 OOO.~ 19
2. Cash or check within ~ days of the execution of this Agreement: $ ~y
~: eMh. ",hi<<'s on,,"'fiod ,h". ,";m,.f ",Ii,moo' ~ '~"VV'D{) 1M, bOO .
T<ITAL $ ,.v. ,pvo,bO ''''<''' ~
(B) Deposits paid on account of purchase price to be held by Broker for Seller, unless otherwise stated here: ~ 2:~
(C) Seller's written approval to pef' .'l:efore: 1/ '7/0 3 26 \
(D) Settlement to be on (p ~ /1"3 . or before if Buyer and Seller agree. 21
(E) Conveyance from Seller will be by ee simple deed of special warranty unless otherwise slated here: 28
"
3D
J1
J2
(F) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here:
(0)
At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing where applicable: taxes
(see Information Regarding Tax Proration); rents; interest on mortgage assumptions; condominium fees and homeowner association fees, if
any; water andlor sewer fees, if any, together with any other lienable municipal service. The charges are to be pro-rated for the period(s)
covered: Seller will pay up to and including the date of settlement; Buyer will pay for all days following settlement, unless otherwise stated
here:
4, FIXTURES & PERSONAL PROPERTY (1-00)
(A) INCLUDED in this sale and purchase price are all existing items permanently installed in the Property, free of liens, including plumbing;
heating; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers
and transmitters; television antennas; shrubbery, plantings and unpotled trees; any remaining heating and cooking fuels stored on the
~~~~rb~;j~~~~~~,w;~i~~n:;~ir:aI~~~'~pr;~o~"';"
(B) LrYASED !terns (not owned1>y Seller):
(;z)
fLeK1t-I/..:'<'A-rd~ '"
(C) 8XCLUD8D fi:dures and items:
5. DATESrrlME IS OF THE ESSENCE (1-02)
(A) The said date for settlement mild all other dates and times referred to for the performance of any of the obligations of this Agreement are
agreed to be of the essence of this Agreement ilnd are binding.
(B) For the purposes of this Agreement, number of days will be counted from the date of execution, by excluding the day this Agreement was
executed and including the last day of the time period.
(C) The date of setUement is not extended by any other provision of this Agreementllnd may only be extended by mutual written agreement of
the parties.
(0) Certain time periods are pre-printed in this Agreement as a convenience to the Buyer and Seller. Any pre-printed time periods are negotiable
and may be c iking out the pre-printed text and inserting a different time period acceptable to all parties.
---
J1j::F3
AIS-2K Palle 1 or 8
COPYRIGHT PENNSYLVANIA ASSOCIA: I
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55
56
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o WAIVED. This sale is NUT contingent on mortgage financing.
)l( ELECTED
<Al l11is sale IS contingent upon Buyer 2b)t1i~~8ge financing as follows:
I. Amountoflllortgs3910aO$ ~'JI;::;)U'--.1 '_ '
2. Minimum Tenn '~Sl A I
3. Type of mortg~: 5" YJ/"JU t:. (V r 101'1 /tL.
4. Interest rale, %; however, Buyer agrees to accept the interest rate as may be commUted by the mortgage lender. not to
e~ceed a max.imum interest rate of ...,. [) %.
5. Discount points, loan origination, loan placement and other fees chargedjJy the lender as a percentage of the mortgage loan (cltcluding
!lny mOltgage insurance premiums or VA funding fee) not 10 exceed ~% (0% if nol specified) of the mortgage loan.
The interest rale and fees provisions required by Buyer are satisfied if a mortgage lender makes available to Buyer the right to guarantee an
interest rate at or below the Maximum Interest Rate specified herein with the percentage fees at or below the amount specified herein. Buyer
gives Seller the right, at Seller's sole option and as pennitted by the mortgage lender and applicable laws, to contribute financially, withoul
prornise/q~imbursement, to the Buyer andior the mortgage lender to make the above tenns available to Buyer.
(B) Within ~ DAYS (10 days if not specified) of the execution of this Agreement, Buyer will make a completed, written mortgage application
for the mortgage tenns specified above to II responsible mortgage lender. The Broker for Buyer, If any, otherwise the Broker for Seller, is
authorized to communicate with the mo~gagey:'lder for the purpOlle8 of llSSlstlng In the mortgage lo&n process.
(C) I. Mortgage commitment date ?') (){) () 3 . If II written commitment is not received by Seller by the above date, Buyer
and Seller agree to extend the mor ge mmlbnenl date until Seller terminates this Agreement in writing by notice to Buyer.
2, Upon receipt of II mortgage commitment, Buyer will promptly deliver a copy of the cOlnmitment to Seller.
3. Seller has the option to tenninate this Agreement in writing, after the mortgage commitment date if the mortgage cOlJunitmenl:
a. Is not valid until the date of seulement, OR
b. Is conditioned upon the sale and settlement of any other property, OR
c. Contains any other condition not specified in this Agreement thai is not satisfied and/or removed in writing by the mortgage lender
within ~ DAYS lifter the mortgage conunltmenl dale in paragraph 6 (C) (1).
4. If this Agreement is temtinated liS specified in paragraphs 6 (C) (I) or (3), or the mortgage loan is not obtained for seUlement, a]1 deposit monies
paid on account of purchase price will be returned 10 Buyer. Buyer will be responsible for any premiums for mechanics' lien insurance and/or
title search, or fee for cancellation of same, if any; AND/OR any premiums for flood insurance, mine subsidence insurance and/or fire insur~
ance with extended coverage, or cancellation fee, if any; AND/OR any appraisal fees and charges paid in advance to the mortgage lender.
(0) (fthe mortgage lender requires repairs to the Property, Buyer will, upon receipt, deliver a copy of the mortgage leuder's requirenlents to Seller.
Seller will, within -2....... DAYS of receipt of the mortgage lender's requirements, notify Buyer whether Seller will make the required repairs
at Seller's expense.
I. If Seller chooses to make the required repairs, Buyer will accept the Property and agree to the RELEASE set forth in paragraph 25 of this
Agreement.
2. If Seller chooses not to make the required repairs, or if Seller fails to respond within tlte time given, Buyer will, within -L DAYS,
notify Seller in writing of Buyer's choice to terminate this Agreement OR make the required repairs al Buyer's expense and with Seller's
pennission, which will nOI be unreasonably withheld. If Seller denies Buyer permission to make the required repairs, Buyer may, within
-2....... DAYS of Seller's denial, terminate this Agreement, in which case all deposit monies paid on account of purchase price will be
retumed promptly Lo Buyer and this Agreement will be YOID.
(E) ~rAsslst
~ NOT APPLICABLE
o APPLICABLE. Seller will pay:
D $ , maximum, toward Buyer's costs as penniued by the mOltgage lender.
D
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FHAIVA, IF APPLICABLE
(F) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will nol be obligated to compleLe the purchase of the
Property described herein or to incur any penalty by fOlfeiture of earnest money deposits or otherwise unless Buyer has been given, in accor-
dance with HUDIFHA or YA requirements, a written 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 $ (the dollar amount to be
inserted is the sales price as staled in this Agreement). Buyer will have the privilege and option of proceeding with consummation of the con-
Iract without regard to the amount of the appraised valuation. The appraised valuation is arrived lit 10 determine Ihe maximum mortgage the
Department of Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the Property. Buyer should
satisfy himselflherself thai the price and condition of the Property are acceptable.
Warning: Section 1010 of Title 18, U.S.c., Department of Housing and Urban Development and Federal Housing Adlninistration
Transactions, provides, "Whoever for the purpose of . . . influencing in any way the action of such DeraIlment, makes, passes, Ullers or pub-
lishes any statement, knowing the same Lo be false. . . shall be fined under this title or imprisoned not more Lhan two years, or both."
(G) U.S. Department of Housing and Urban De,.elopment (HUD) NOTICE TO PURCHASERS: Buyer's Acknowledgement
D Buyer has received the HUD Notice "For Your Protection: Get a Home Inspection" (see Notices and Infonnation on Property Condilion
Inspections). Buyer understands the importance of getting an independent home inspection and has thought about this before signing Ihis
Agreement.
Buyer's Initials Dale
(Ii) CertiRcatlon We the undersigned, Seller(s) and Buyer(s) party 10 this transaction each certify that the terms of this contract for purchase are
true to the best of our knowledge and belief, and that any other agreement entered into by any of these parties ill connection with this transac-
tion is attached to this Agreement.
7, INSPECTIONS (1.02)
(A) Seller agrees to permit inspections by authorized appraisers, reputable certifiers, insurer's representatives, surveyors, municipal officials and/or
Buyer as may be required by the mortgage lender, if any, or insuring agencies. Seller Cut1her agrees to pennil any other inspections required by
or provided for in Lhe lenns of this Agreement. Buyer has the right to attend all inspections.
(B) Buyer reserves Lhe right to make a pre~settlement walk-through inspection of the Property. Buyer's righlto make this inspection is not waived
by allY other provision of this Agreement.
(e) Seller will have heating and all utilities (induding Cuel(s)) on for the inspections.
(0) All inspectors, including home inspectors, are authorized by Buyer to provide a copy of any reports to Broker for Buyer.
8. PROPERTY INSPECTION CONTINGENCY (1..02)
Other provisions of this Agreement may provide for inspections and/or certifications that are not waived or altered by Buyer's election here.
o WAIVED. Buyer understands that Buyer has the option to request inspections of the Propeny (see Property In~pection Notices and
Environmental Notices). BUYER WAIVES THIS OPTION and agrees to Ihe RELEASE set fUl1h in paragraph 25 of this Agreement
~ ELECq:.(J,
(A) WiLhindl- DAYS (15 days if not specified) of the execution of this Agreement, Buyer, at Buyer's expense, may choose to have inspec-
tions and/or certifications completed by licensed or otherwi~e qualified professionals (see Property Inspection Notices and Environmental
Notices). This contingency does not apply to the following existing conditions and/or items:
'83
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(B) Should Buyer elect to have a hOlne inspection of the Property, 8S defined in the Pennsylvania Home Inspection Law, (see Information Regarding
the Home Inspection Law) such home inspection shall be performed by a full member in good standing of a national home inspection associ-
ation, or by a person supervised by a full member of a national home inspection association, in accordance with the ethical standards and code
. conduct or practice of that association. ~----'"
'" Buy" '~.(0 AlS.2K P'g' 2 0" S"'" 'O;';"7F- ~-<;11(
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226
221
;r.~C) I Huyer IS not sallslled wllIl the COll<lllJOIl ot the l'ropeny as stateo In Illl)' Written report, nuyu Will:
Option 1. Within the time given for completing Inspections:
1. Accept the Property with the information stated in the report(s) and agree to the RELEASE set forth in paragraph 2S of this Agreement, OR
2. Tenninale this Agreement in writing by notice to Seller, in which case all deposit monies paid on account of purchase price will be returned
promptly 10 Buyer and this Agreement will be VQlD, OR
3. Enter into a mutually acceptable written agreement with Seller providing for any repairs or improvements to the Property and/or any credit
to Buyer at settlement, as may be acceptable to the mortgage lender, if any.
Should efforts to reach a mutually acceptable agreement fail, Buyer must choose to accepl the Property or tenninate this Agreement within
the time given for completing Inspections and according to the provisions in paragraph 8(e) (Option I) I and 2
o Option 2. Within the time given ror completing Inspections:
I. Accept the Property with the infonnation stated in the report(s) and agree 10 the RELEASE set forth in paragraph 25 of this Agreement,
UNLESS the total cost to correct the conditions contained in the repon(s) is more than $
2. If the total cost to correct the conditions contained in the report(s) EXCEEDS the amount specified in paragraph S(e) (Option 2) I,
Buyer will deUver the report(s) to Seller within the time alven for Inspection.
a. Seller will, within ~ DAYS of receiving the repon(s), inform Buyer in writing of Seller's choice to:
(I) Make repairs before settlement so that the remaining cost to repair conditions contained in the report(s) is less th8fl or equal to
the amount specified in paragraph 8 (C) (Option 2) I.
(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) l. This option must be acceptable to the mortgage lender, if any.
(3) Not make repairs and not credit Buyer at settlement for any costs to repair conditions contained in the report(s).
b. If SeUer chooses to make repairs or credit Buyer at settlement as specified in paragraph 8 (C) (Option 2) 2, Buyer will accept the
Property and agree to the RELEASE set forth in paragraph 25 of this Agreement
c. U Seller chooses not to make repairs and not to credit Buyer at settlement, or if Seller fails to choose any option within the time
given. Buyer will, within ---1..- DAYS;
(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, OR
(2) Tenninate this Agreement in writing by notice to Seller, in which case all deposit monies paid on account of purchase price will
be returned promptly to Buyer and this Agreement will be VOID.
9. WOOD INFESTATION INSPECfION CON11NGENCY (1-02)
o WAIVED. Buyer understands that Buyer has the option to request that the Property be inspected for wood infestation by a certified Pest Control
Operator. BUYER WAIVES TillS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement.
{!') ~~ DAYS (IS days if not specified) of the execution of this Agreement, Buyer, at Buyer's expense, will obtain a written "Wood-
Destroying Insect Infestation Inspection Report" from a certified Pest Control Operator and will deliver it and all supporting documents and
drawings provided by the Pest Control Operator to Seller. The report is to be made satisfactory to and in compliance with applicable laws, mort-
gage lenders, andlor Federal Insuring and Guaranteeing Agency requirements, if any. The inspection will include all readily visible and
accessible areas of all structures on the Property except the following structures,which will not be inspected:
(8) If the inspection reveals evidence of active infestation(s), Seller agrees, at Seller's expense and before settlement, to treat for active infesta-
tion(s), in accordance with applicable laws.
(C) If lhe inspection reveals damage from active infestation(s) or previous infestation(s), Buyer, at Buyer's expense, has the option to obtain a writ-
ten report by a professional contmctor, home inspection service, or structural engineer that is limited to structural damage to the Property caused
by wood-destroying organisms and a proposal to repair the damage. Buyer will deliver the structural damage report and corrective proposal to
Seller within --1........ DAYS of delivering the original inspection report.
(D) Within ~ DAYS of receiving the structural damage report and corrective proposal, Seller will advise Buyer whether Seller will repair, at
Seller's expense and before settlement, any structural damage from active or previous infestation(s).
(E) If Seller chooses to repair structural damage revealed by the report, Buyer agrees to accept the Property as repaired and agrees to the RELEASE
set forth in paragraph 25 of this Agreement.
(F) If Seller chooses not to repair structural damage revealed by the report or falls to respond within the time given, Buyer, within ~ DAYS,
will notify Seller in writing of Buyer's choice to;
I. Accept the Property with the defects revealed by the inspection, without abatement of price, and agree to the RELEASE set forth in para-
graph 25 of this Agreement, OR
2. Make the repairs before settlement, if required by the mortgage lender, if any, at Buyer's expense and with Seller's pennission, which will
not be unreasonably withheld, in which case Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this
Agreement. If Seller denies Buyer permission to make the repairs, Buyer may, within ~ DAYS of Seller's denial, 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, OR
3. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned promptly 10 Buyer and
this Agreement will be VOID.
10. RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT NOTICE REQUIRED FOR PROPERTIES
BUILT BEFORE 1978 (1-02)
o NOT APPLICABLE
IX'" APPLICABLE
(A) Seller represents that Seller has no knowledge concerning the presence of lead-based paint and/or lead-based paint hazards in or about the
Property, unless checked below.
o Seller has knowledge of the presence of lead-based paint andlor lead-based paint hazards in or about the Property. (Provide the basis for
determining that lead-based paint andlor hll7.8fds exist, the location(s), the condition of the painted surfaces, and other available infonna-
tion concerning Seller's knowledge of the presence of lead-based paint andlor lead-based paint hazards.)
(B) Records!Reports: Seller has no reports or records penaining 10 lead.based paint and/or lead.based paint hazards in or about the Property,
unless checked below.
o Seller has provided Buyer with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in or aboul
lhe Property. (List documents)
(C) Buyer's Acknowledgement: Buyer has received the pamphlet PlVt~ct Your Family from Lead in Your Home and has read the Lead Warning
Statement contained in this Agreement (see Environmental Notices). Buyer has reviewed Seller's disclosure of known lead-based paint and/or
lead.based paint hazards, as identified in paragraph IO(A) and has received the records and reports pertaining to lead~based paint and/or lead-
b '. Sidentifi~'~~raPhlo(B). ~
uyer'slnlUals N.I~ ~ (')\-\5-03
(D) NTIINSE ION: Buyer acknowledgeslhat before Buyer is obligated to buy a residential dwelling built before 1978, Buyer
. 'f has ~ DAYS to conduct a risk assessment or inspection of the Property for the presence of lead-based paint andlor lead-based paint hazards.
WAIVED. Buyer understands that Buyer has the right 10 conduct a risk assessment or inspection of the Property to determine the presence of
lead-based paint and/or lead-based paint hazards. BUYER WAIVES TIllS RIGHT and agrees to the RELEASE set forth in paragraph 25 of
this Agreemenl.
o ELECTED
I. Buyer, at Buyer's expense, chooses to obtain a risk assessment and/or inspection of the Property for lead-based paint and/or lead-based
paint.h"a:~e risk assessment andlor inspeclion will be compleled within ---1Q..... DAYS of the execution:~ ~emenl.
Buyer Initials: ~V\)fi AJS-ZK Page 3 ora Seller InJtUl77 _ ~
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150
151
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153
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151
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160
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168
169
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172
173
114
115
176
171
118
119
180
181
182
183
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185
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193
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216
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inspection company. St:ller also agrees to restore the Property, at Seller's expense, prior to settlement.
), If the report reveals that the water service does not meet the min..ifl"!um slandards of any ~pplicable governmental authority and/or fails to
satisfy the requirements for quality and/or quantily set by tbe mortgage lender, if any, then Seiler will. wilhin--...1.-... DAYS of receipt of
the report, notify Buyer in writing of Seller's choici; to:
a. Upgrade the water service to the minimum acceptable levels, before settlemem, in wltich case Buyer accepts the Property and agrees
to the RELEASE set forth in paragraph 25 of this Agreement, OR
b. Not upgrade the water service.
4, If Seller cbooses not to upgrade the service to minimum acceptable levels, or falls to respond wiUlin !he time given, Buyer will, within
........LDAYS,either;
a. Accept the Property and the water service and, if required by the mortgage lender, if any, and/or any governmental authority, upgrade
the water service before settlement or within the time required by the mortgage lender, if any, and/or IIny governmental authority, at
Buyer's expense and with SeUer's permission, which will not be unreasonably withheld, and agree to the RELEASE set forth in pua-
graph 25 of this Agreement. U Seller denies Buyer rennission to upgrade the water service, Buyer may, within-L. DAYS of
Seller's denial, tenninate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be
returned promptly to Buyer and tlUs Agreement wit! be VOID, OR
b. Termioate this Agreement in writing, in whic:b case all deposit monies paid on account of purchase price will be returned promptly
to Buyer and this Agreement will be VOID.
STATUS OF SEWER (1-02)
(A) ~~er represents thatllle Property is served by:
)fSJ Public Sewer
o Individual On-lot Sewage Disposal SySlem (See Sewage Notice l)
o Individual On-lot Sewage Disposal System in Proxim..ity to Well (See Sewage Notice I; see Sewage Notice 4, if applicable)
D Community Sewage Disposal System
o Ten-acre Pennit Exemption (See Sewage Notice 2)
o Holding Tank (See Sewage Notice 3)
D None (See Sewage Notice I)
o None AvsiJable/Perntit Limitations in Effect (See Sewage Notice 5)
o
(B) INDIVIDUAL ON-LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY
o WAIVED. Buyer acknowledges that Buyer has lIle option to requeat an individual on-lot sewage disposal inspection of the Property. BUYER
WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement.
o ELECTED
I. Buyer has lIle oplion, within _ DAYS (15 days if not specified) of the execution of this Agreement and at Buyer's expense, to
deliver to Seller a written inspection report by a qualified, proftasional inspector of the individual on-lot sewage disposal system.
2. Seller, at Seller's expense, agrees, if and as ~ujred by the inspection company, to locate, provide access 10 and empty the individual on-
lot sewage disposal system. Seller also agrees to restore the Property, at Seller's expense, prior to settlement.
3. If the report reveals defects that do not requin:: expansion or replacement of the existing sewage disposal system, Seller will, within
~ DAYS of receipt of the report. notify Buyer in writing of Seller's choice to:
a. Correct the defects before settlement, including retests, at Seller's expense, io which case Buyer accepts the Property and agrees to
the RELEASE set forth in paragraph 25 oe this Agreement, OR
b. Not correct the defects.
4. If Seller chooses not to correct the defects, or if Seller falls to respond within the time given, Buyer will, within ~ DAYS, either:
a, Accept the Property and the system and, if required by the mortgage lender, if any, andlor any govemmentlll authority, correct the
defects before settlement or within the time required by the mortgage lender, if lUly, and/or any governmental authority, at Buyer's
sole expense and with Seller's pennission, which will not be unreasonably withheld, and agree to the RELEASE set forth in para-
graph 25 of this Agreement. If Seller denies Buyer pennissioll to correct the defects, Buyer may, within ----...oL... DAYS of Seller's
denial, terminate Ibis Agreement in writing, in wbicb case all deposit monies paid on account of purchase price will be returned
promptly 10 Buyer and this Agreement will be VOID, OR
b. Temunate this Agreement in writing, in which case all deposit monies paid 00 account of purchase price will be returned
promptly to Buyer and tbis Ag~ment will be VOID.
5, rfthe report reveals the need 10 expand or replace the existing individual on-lot sewage disposal system, Seller may, within ~ DAYS
of receipt of the report, submit a corrective proposal to Buyer, The corrective proposal will include, but not be lim..ited to, the name of the
remediation company; provisions for payment, including retests; llnd II projected completion date for corrective measures. Within
~ DAYS of receiving Seller's corrective proposal, or If no correcUve proposal Is receJved within the lime given, Buyer will:
a. Agree to lIle tenns of lIle correclive proposal, if any, in writing, tn which case Buyer accepts the Pl'Operty and agrees to tbe RELEASE
set forth in plU'llgraph 25 of this Agreement, OR
b. Accept the Property III1d the system and, if required by the mortgage lender, if any, and/or a.ny governmental authority, conect the
defects before settlemenl or within the time required by the mortgage lender, if any, and/or any governmental authority, al Buyer's
sole expense and with Seller's pe1mission, which will not be unreasonably withheld, and agree to the RELEASE set forth in para-
graph 25 of this Agreement. If Seller denies Buyer pennission to correct lIle defects, Buyer may, within ~ DAYS of Seller's
denial, tenninate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned
promplly to Buyer and this Agreement will be YOID, OR
c. Tenninste this Agreement in writing, in wltich case all deposit monies paid on account of purchase price will be returned promptly
to Buyer and this Agreement will be YOlO.
NOTICES, ASSESSMENTS & CERTIFICATES OF OCCUPANCY (1'()2)
(A) Seller represents, as of SeUer's execution of this Agreement, that no public improvement, condominium or homeowner association assessment.'l
have been made against the Property which remain unpaid, and tbat no nolice by any government or public authority bas been served upon
Seller or anyone on Selier's behalf, including notices relating to violations of zoning, housing, building, safety 01' fire ordinances whicb remain
unco~cted, a~d that Seller kR"lw,.\ of 'l2\911fl1i~~ wOl;!lp ,constitute violation of aoy sucb ordinances which remains unconeeled, unless
olherwlse specIfied here: I\lU r..."-ten I b/V') __
(B) Seller knows of no other potential notices (including violations) and assessments except as follows: NO
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351
352
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397 (C) In the event any notices (including violations) and assessments are received after exe<:ution of this Agreement and before seltlement, Seller will
398 notify Buyer in writing, wilhin------2- DAYS of receiving the notice orassessmellt, that Seller will:
3g9 t. Comply with notices and assessments at Seller's expense, in which case Buyer llCCept.'l the Property and agrees to lbe RELEASE set forth
4Utl in paragraph 25 of this Agreement, OR
4111 2. Not comply with notices and assessments at Seller's expense.
40~ 3. If Seller chooses not to comply with ootices and assessment.'l, or faUs within the time given to notify Buyer i( Seller will comply, Buyer
403 will notify Seller within........i.- DAYS in writing that Buyer will either;
4fM a. Comply with notices find assessments at Buyer's expense and agree to the RELEASE set earth in paragraph 25 of this Agreement, OR
~05 b. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be retumed promptly to Buyer
40Jj and tltis Agreement will be VOID.
40r UBuyerfalls to llotlfy Seller within the time given, Buyer accepts Ute Property and agrees to the RELEASE set forih In para-
41J~ graph 25 of Ihls Agreement.
4U~_--~""(D) BUy~r is advised thai access to a public road may require issuance of a highway occupancy permit from the Department of 'artsportation.
4\ B~-1-<@ AJS.'KP,,"'f6 ',""Inllla",
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441
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445
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453
454
455
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(e) It reqlllred by ww, Wll!llJl ~ UAr::, ot lhe eXCCUllon or tillS f\gteenlem .-.eller Will urm:r lur ut:llvery 1<' Oll}'t:I, Ull '" U",UJt: ~""lt:JII"'"
A certification fl'Ollllhe approprillte municipal department or departlllcl1ts Jisclusillg nutice of any uJH:oneded \liolaliollS uf wning, hous.
ing, building, slIfely or fire ordiuances, AND/OR
2. Acertiticatc penniniflg occupancy of the Property, In lhe event repairs/improvemenls are required for the issuance uf the certificate, Seller
will, within ~ DAYS of Seller's receipt of, the requireJrt:rJts, notify Buyer of the requirements and whether Seller wiJJ make the
required repairs/improvements at Seller's expense.
If Seller chouses to make the required repairs/improvements, Buyer agrees to accept the Property as repaired and agrees to the RELEASE set
forth in paragraph 25 of this Agreement. If Seller chooses not to make the reqttirecl repairs/improvements, Buyer will, within -2- DAYS,
notify Seller in writing or Buyer's choice to tenninate this Agreement OR make the repairs/improvements at Buyer's expense and wiu] Seller's
permission. which will nut be unreasonabJy withheld. If Seller denies Buyer permission 10 make the required repairs or IrSeller raUs (0 respond
within the time given, Buyer mlly, within ----L DAYS, tenninate this Agreement in writing, in which case all depusit monies paid on acenUn!
of purchase price will be retull1ed promptJy to Buyer and this Agreement will be VOID.
15, TITLE, SlIRVEYS & COSTS (1-D2)
(A) The Property is to be c{lIlveyed free aod c1eltr of all liens, encumbrances, aod easements, EXCEPTING HOWEVER the following: existing
deed restrictions, historic preseCl'tltion restrictions or ordinances, building reslrictions, ordinances, easements of roads, easements visible upnn
the ground, easements 01' record. privileges or rights of public service companies, if any; otherwise the title to tl1e above described real eSlate
will be good and marketable and such as will be insured by a reputabJe Tide insurance Company at the regular rates,
(B) Buyer will pay for the following: (I) Title search, lille insurance and/or mechanics lien insurance, or fee for cancellation of same, if !lny;
(2) Flood insurance, fire insuran,..e wilh extended coverage, mine subsidence insurance, or fee for cancellation of same. if any; (3) AppraisaJ
fees and charges paid in advance 10 mortgage Jender, if any; (4) Buyer's customary ~el1lement costs and accruals.
(C) Any surveyor surveys which nwy be required by the 'fitle Insurance Company or the abstracting attorney for the preparation of an adequate
legal description of the Property (or the correction thereof) will be secured and paid for by Seller. Any surveyor surveys desired by Buyer or
required by the mortgage lender will be secured and paid for by Buyer,
(D) In the event Seller is uJ1llble 10 give a good and marketable tide and such as will be insured by a reputable Title Company al lhe regular rales, as
specified in paragraph J:\(A), Buyer will have the option of: -(I) taking such title as Seller can give with no change to the pun;hase price; or (2) being
repaid all monies paid by Buyer to SelJeron account of purchase price and being reimbursed by Seller for any costs incurred by Buyer for any inspec-
tions or certifications obtained according to the terms of the Agreement, and for those items specified in paragraph 15(B) items (1), (2), (3) and in
paragraph 15(C), in whk'h case there will be no further liabilily or obligation on either of the parties hereto and t.hisAgreemet1l will become vorn
16, ZONING CLASSIfiCATION (1-02)
Failure of this Agreement to contain the zoning classification (except in cases where the property {and each parcel thereof, if subdividable I is zoned
solely or primarily to permit single-faluiJy dwellings) will render this Agreement voidabJe at the option of the Buyer, and, if voided, any deposits
tendered by th.e Buyer will tr1re~f1l~~o t~ ~rlw~t!Joul any requirement for court action.
Zoning Ciassll1cation: -I'::.:}.i.62..l I 1ft--
o ELECTED. Within.---1L DAY of the execution of this Agreement, Buyer will verify that the existing use of (he Property as
is pennit!ed. In the event the use is not penniued, Buyer will, within Ute time
given for verification, notify Seller in writing that the ex.isting use of the Property is not permitted and this Agreement will be VOID, in which
cllse all deposit monies paid on tlccount of purchase price will be retumed promptJy to Buyer. Buyer's failure to respond within the time
given will constitute a WAIVER of tllJs C1JnUngency and all other terms of thls Agreement remain In fuJ! fon:e and effect.
17. COAL NOTICE
)s(' NOT APPLICABLE
tJ" APPLiCABLE
20.
THIS DOCUMENT MAY 1'101' SELt., CONVEY, TRANSFER, INCLUDE OR II'ISURE TilE 1TI1.E TO THE COAL ANO RICl~",S OF SUPPORT UNDE<RNEiATIlllIE SURFACE LAND
DesCRrBEO OR KEFeKRlID lU HEREIN, AND TIlE OWNBR OR OWNIlRS OF SUCH COAL MAY flAVE Tl-lE COMPUITE LEGAL RIGllT TO RlOMOVE ALL SUCH COAL AND
IN THAT COI'INECI10N, DAMAGE MAY RESULT TO THE SURFACE OI'THE LAND AND ANY HOUSE, BUILDINO OR OTIffiR STRUCTURE ON OR IN SUCH LAND. (1llis
notice is set for1h in the manner provided irl Sectioo I of the ACl of July 17, 1957, P.L. 984.) "Buyer acknowledges thlll he may n.ot be obtaining the
right of protection against subsidence resulting from coal mining operalions, and that the property described herein may be protected from damage
due to mine subsidence by a private conlract with the owners of lhe economic interests in the coal. This acknowledgement is made for the purpose
of complying with ule provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966." Buyer agrees
to sign the deed from Seller which deed will contain lhe aforesaid provision.
POSSESSION (1.o2)
(A) Possession is to be deJivered by deed, keys and:
J, PhysicaJ possession to vacalll Property free of debris, with all structures broom-clean, at day and time of settlement, AND/OR
2. Assigoment of existing lea~e(s), together with any security deposits and interest, at time of settlement, if Property is leased at the
execution of this Agreement or unless otherwise specified herein, Buyer will acknowJedge existing Jease(s) by initialing said lease(s) at
time of execution of this Agreement.
(8) Seller will not enter into any new leases, written extension of existing leases, if any, or additionaJ Jeases for the Property witl10ut the written
consent of Buyer.
RECORDING (3-85) This Agreemellt will nOI be recorded in the Office for the Recording of Deeds or in any other office or place of pubJic record
and if Buyer causes or pennils this Agreemeot to be recorded, Seller may elect to treat such act as a breach of this Agreement.
ASSIGNMENT (34J5) This Agreemenl will be binding upon the parties, their respective heirs, personal representatives, guan:lians and successors,
and to the extenlllssignabJe, on the assigns of the parties hereto, it being expressly understood, however, that Buyer will not Iransfer or assign this
Agreement without the wriUen consent of Seller,
DEPOSIT & RECOVERY FUND (1-02)
(A) Deposits paid by Buyer within ~ DAYS of settJement wiJl be by cash, cashier's or celtJfied che<:k. Deposits, regardless of the form of
paymeot and the person designated as payee, will be paid in U.S. Dollars to Broker or party identified in paragraph 3(6), who will retain them
in an escrow account until consummation ortennination of this Agreement in conforlllity with all applicable laws and regulations, Any uncashed
check tendered as deposit monies may be held pending the acceptaoce of this offer.
(B) Upon termination of this Agreement, the Broker holding the deposit monies will release the deposit monies in .IIccordance with the lerms of a
fully executed written agreemenl between Buyer and Seller.
(C) In the event of a dispute over entitlement to deposit mooies, II broker hoJding the deposit monies is required by the Rules and ReguJations of
the State Real Estate Conunission (49 Pa. Code ~35.327) to retain the monies in escrow untiJ the dispute is resoJved. In the event of litigation
for the return of deposit monies, a broker will dislribute the monies as directed by a finaJ order of court or the written Agreement oE the parties.
Buyer and Seller agree lhat, illlhe event any broker or affiliated licensee is joined in litigation Eor the relurn of deposit monies, the atforneys'
fees and costs of the broker(s) and Iicensee(s) will be paid by the party joining them.
(D) A Real Estate Recovery Fund exis/S to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real eSlale
licensee owing 10 fraud, misrepresenUltion, or deceit in a real estate transaction and who have been unable to collect the judgment after exhaust-
ing all legaJ and equitable remedies. For complete details about the Fund, call (717) 783,3658, or (800) 822"2J 13 (within Pennsylvania) and
(7J7) 7834854 (outside Pennsylvania).
CONDOMINIUMteLANNED COMMUNITY (HOMEOWNER ASSOCIATION) RESALE NOTICE (1-02)
'S NOT APPLICABLE
D APPLICABLE: CONDOMJN1UM. Buyer IIcknowledges that lhe Property is a unil of 9 condominium thai is primarily run by a unit owners'
association. ~3407 of the Unifonn Condominium ACI of Pennsylvania requires Seller 10 furnish Buyer with a Certificate of Resale and copies
of the condominium declaration (other than plats and plans), the bylaws, and the rules and reguJations of the association.
o APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOCIATION). Buyer acknowledges that the Property is part of a planned
conununity as defined by the Uniform PJanned Community ACl. (See Deflllition of Planned Community Notice). ~5407(a) of the Act reql.lires
Seller to furnish Buyer with a copy of the Declllrllrion (other than plats and plans), the bylaws, the rules and regulations of the association, and
11ificate aining lhe provisions set forth in ~5407(a) of the Act
21.
22.
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TIl~ NJLl.,oWINt; AI'I'Ut:S TO I'NUI't:KTlES THAT Alilll'AKT 01"A CONUUMINIUM Ol< A I'LANNt:U LUMMUNllt.
(A) Within ~ !JAYS orthe execution of this Agreement, Seller will submit a request to the association for a Certificate of Resale and the do,.
umellts necessary to enable Seller to comply with the Act. The Act provides Ihalthe association is required 10 provide these documents within
IOdays ofSeller'srequesl.
(8) Seller will promptly deliver to Buyer all documents r~ived from the association. Under the Act, Seller is not liab(e to Buyer for the failure or
delay of the association to provide the Certificate in a timely ffiaJ1ner, nor is Seller liable 10 Buyer for any erroneous information provided by
the association and included in the Certificate.
(C) Buyer may declare Ihis Agreement VOID at any time before Buyer's receipt of the association documents and for 5 days thereafter, OR until
settlement, whichever occurs first. Buyer's notice declaring this Agreement void must be in wriling; thereafter all deposit monies will be
returned 10 Buyer.
(D) In Ule event the association has the right to buy the Property (right of first refusal), and the association exercises that right, Seller will reimburse
Buyer for all monies paid by Buyer on account of purchase price llI1d for any COSIS incurred by Buyer for: (I) Title search. liUe insurance and/or
mechanics lien insurance, or fee for cancellation of same, if any; (2) flood insurllI1ce and/or fire insurance with extended coverage, mine sub-
sidence insurance, or fee for cancellation of same, if any; (3) Appraisal fees and charges paid in adVllI1ce to mortgage lender, if any.
MAINTENANCE & RISK OF LOSS (1..02)
(A) Seller wiH maintain the Property, grounds, fixtures, and any personal property specifically scheduled herein in its present condition, normal
wear and teat excepted.
(B) In the event llny system or appliance included in the .wle of !he Property fails and Seller does not repair or replace the item, Seller will prompily
notify Buyer in writing of SeJler's choice to:
I Repair or replace the failed system or appliance before settlement or credit Buyer at settlement for the fair market value of the failed sys-
tem or appliance (this option must be acceptable to the mortgage lender, if any). In each case, Buyer accepts the Property and agrees 10
the RELEASE set forth in paragraph 25 of this Agreemenl, OR
2. Not repair or replace the failed system or appliance, and not credit Buyer at settlement fOf the fair market value of the failed syslem or
appliance. If Seller does not repair, replace or offer a t;:redit for the failed system or appliance, or if Seller falls to notJty Buyer of Seller's
choice, Buyer will notify Seller in writing within -.L DAYS or before settlement, whichever is sooner, that Buyer will:
a. Accept the Property and agree to the RELEASE set forth in paragniph 25 of this Agreement, OR
b. Terminate this Agreement, in which case aU deposit monies paid on account of purchase price will be returned promptly to Buyer
and this Agreement will be VOID.
(el Seller will bear risk of loss from fire or otber casualties until time of settlement. In the event of damage by fire or other casualties to any prop-
erty included in this sale that is not repaired or replaced prior to settlement, Buyer will have the option of rescinding this Agreement and
promptly receiVing all monies paid on account of purchase price or of accepting the Property in its then condition together WiUl the proceeds
of any insurance recovery obtainable by Seller. Buyer is hereby notified Ihal Buyer may insure Buyer's equilable interest in this Property as of
the time of execution of lhis Agreement.
WAIVER OF CONTINGENCIES (1..02)
If this Agreement is contingenl on Buyer's right 10 inspect lll1d/or repvk the Properry, Buyer's failure to exercise any of Duyer's options within
the tIme limits .!let forth In tItls Agreement will constItute a WAIVER of that contIngency and Buyer accepts the Property and agrees to the
RELEASE set fortll In paragraph 25 of this Agreement
RELEASE (1-02)
Buyer hereby releaSes, quit claims and forever discharges SELLER, ALl, BROKERS, their LICENSEES, EMPLOYEES, and any OFFI-
CER or PARTNER of allY olle of them and any other PERSON, FIRM, or CORPORATION who may be liable by or through them, from
any and all claims, losses or demands, including, but nut limited to, pel'5OnallllJuries and property damage and all of the consequenc~ there-
of, whether now known or not, which may arise from the presence of termites or other wood-boring insf:(:ts, radon, lead-based paint haz-
ards, environmental hazards, any defects In Ute individual on-lot sewage disposal system or deficlencies in the on-site water service system,
or any defecls or conditions on the Property. Should Seller be in default under the tenns or lids Agreement, this reieuse does not deprive
Buyer of any l'lgllt to purslle Bny remedies that may be avaUable under law or equity. This release wlU survive settlement,
REPRESENTATIONS (H)2)
(A) Buyer understands that any representations, claims, advertising, promotional activities, brochures or plllns of any kind made by Seller, Brokers,
Uleir licensees, employees, officers, or partners are n011l part of this Agreement unless expressly incorporated or stated in Ihis Agreement It is
further understood that this Agreement conlains the whole agreement between Seller IInd Buyer alld there are no other terms, obligations,
covenants, representations, statements or conditions, oral or otherwise of any kind whatsoever concerning this sale. Furthennofe, this
Agreement will not be altered, amended, changed, or modified except in writing executed by the parties.
(B) II is understood thai Buyer has inspected tIle Property before mgnlng this Agreenlcot (Including nxlure5 and any personal property
specldcally scheduled herein), or has waived the right to do 90, and has agreed to purchase the Property in Us present condition unless
otherwise stated in this Agreement. Buyer acknowledges that Brokers, tbelr licensees, employees, officers or partnel1> have not made
an independent exandllatlon or determination of lhe strudural80Ulldness of the Property, the age or condUlon of the components, envi.
ronmental condUlons, the permUted uses, or of conditlolls ex:istJng In the locale where the Property is situated; nor have they made a
mechanical inspection of any of the sylllel1l!l contained therein.
(C) Any repairs required by this Agreement will be completed in a workmanlike manner.
(D) Broker(s) may perfonn services to assist unrepresented parties ill complying with the terms of this Agreement.
(E) The headings, captions, and line numbers in this Agreement are meant only to make it easier to find the paragraphs.
DEFAULT (1..02)
(A) Seller hM the option of retaining all sums paid by Buyer, including the deposit mOllies, should Buyer:
I. Fail to make any addilional payments llIl specified in paragrflph 3; OR
2. Fornish false or in(:omplete infonnation to Seller, Broker(s), or the mortgage lender, if any, concerning Buyer's legal or financial status,
or fail to cooperate in the processing of the mortgllge loan application, which acts would result in the failure to obtain Ihe approval of a
mortgage loan commitment; OR
]. Violate or failta fulfiJl and perfonn any other teoos or conditions of this Agreement.
(B) Uniess otherwise checked in paragraph 27 (C), Seller may elect to relain those sums paid by Buyer, including deposit monies, in one of the
following manners:
I. On account of purchase price; OR
2. As monies to be applied to Seller's damages; OR
]. As liquidaled damages for such breach.
(C) :8( Seller is limited to retaining sums paid by Buyer, including deposit monies, as liquidated damages.
(D) If Seller retains all Bums paid by Buyer, including deposit monies, 118 liquidated damages pursullnt to paragraph 27 (B) or (C), Buyer and Seller
will be released from further liability or obligation and tllis Agreement will he YOID.
MEDIATION (7-96)
o NOT AVAILABLB
o WAIVED. Buyer and Seller understand that they may choose to mediate at II later date, should a dispute arise, but that there will be no obli-
gation on the part of any party to do so.
~ ELECTED
(A) Buyer and Seller wHl cry 10 resolve any dispute or claim thai may arise from this Agreement through medialion, in accordance with the Rules
and Procedures of the Home SellersIHome Buyers Dispute Resolution System. Any agreement reached through a mediation conference and
signed by the parties will be binding,
(B) Buyer and SeHer acknowledge that they have received, read, and understand the Rules and Procedures of the Home SelJers/Home Buyers
Dispute Resolution System (see Mediation Notice).
This agreement to mediate disputes arising from this Agreemenl will survive selllement
23.
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SPECIAL CLAUSES (1-02)
(1\) The following are pari of this Agreement If chocked:
o Sale & Settlement of Other Property
Contingency Addendum (PAR Fonn SSP)
o Sale & Settlement of Other Property Contingency'
with Right to Continue Marketing Addendum
(PAR form SSP-CM)
5111 29.
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603 Buyer and Seller acknowledge receiving II copy of this Agreement at the time of signing.
."
605 NOTICE TO PARnES: WHEN SIGNED, TIDS AGREEMENT IS A BlNDING CONTRACf. Return by facslmJle transmission (FAX) of thLs
606 Agreement, and aU addenda, bearing the tdgnatures orall parties, constuute8 acceptance o(thJsAgreemenl Parties to Utls tral1S8clion are adtised
&07 to consuJt an attorney before signing ittlley desire legal advice.
'59
&119.lf. Buyer has. receil'ed tbe Consumer Notice as adopted by the State Real Eslate Commission at 49 Pa. Code g35.336.
610~ Buyer has l'E!(:eJved a statement of Buyer's estimated closing costs before signing this Agreement.
811 E Buyer has read and undermands the notices and explanatory Information set forth In thlsAgreement.
51' J Buyer has recclved a Seller's Property DiscJOtlure Statement before 1I1gning this Agreement, Ir required by law (see Information Regarding
613 the Real Estate Seller Discl09ure Law).
614 Buyer has received the Deposit Money Notice (Cor cooperative sales when Broker Cor Stller Is holding deposit money) before signing this
615 Agreement.
616 J
617 BUYER'S MAILING ADDRESE?
o Settlement of Other Property Contingency Addendum (PAR Fonn SOP)
~ TPil[f~:rymp,'7 A1!:~Ptf~ "(bfjp
o ,$Ji' 'fi{j(l'CD 6:1iBK
o
(B)
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NTACT NUMBER(S): 0 . 619
- ~ f/; .! tt-V .-LR \ \"'-~~ ~M~ ~TE 01-15-03 :::
o X.u lb;"'!),f')J.\-":-.3o.ht;"""""'~ 62'
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BUYER 624
SS# 625
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DATE
WI
DATE
BUYER
SS#
Seller hereby approves the above contract this (date) ';2z,.r-Y ~.....~ :lac).3
and in consideration o(the services rendered in procuring the Buyer, Seller agrees!O pay the nBIlled Broker forSener a fee of ~ 0/0
of/from the herein specified sale price. In the'event Buyer defaults hereunder. any monies paid on account will be divided / /"1 ~ .
Seller, ~/"" ___ . Broker for Seller, but in no eVent will the sum paid to the Broker for Seller exceed the above specified Broker's fee.
t Seller has received the Consamer Notice as adopted by the State Real Estate Commission at 49 Pa. Code 035.336.
Seller has received a statement of Seller's estimated closing costs berore sJgning this Agreement
Seller has read and understands the notices and explanatory Inronnation set forl.h in this Agreement.
WITNESS
.9/<: ,J ,,-,,T'. ( 2~,..,.
~/'llt-'''''l.. S,ot.-IU/-''>
,
SELLER'S MAILING ADDRESS:
I...
/7<.Oul
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::: ::Z:;:CTrD):(S),
644 ~- ~M;~
::: WITNFBS ~
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:-LER 9tf,.u~J" )(.1; ~cuif'
SELLER.\ ~ r: 7-.v~
SS# orl tJ Al&'; - 3~ - ? If $
DATE rilJ.-o3
DATE
F2__z--_ 0.3
WITNESS
SELLER
SS#
DATE
665
Bcoker'slLicensees' Certifications (check all that are applicable):
o RegardJng l.ead-Based Paint Hazards Disclosure: Required if' Property \fllS bulUbeCore 1978: The undersigned Licensees involved in
this transaclion. on behalf of Ulemselves and their brokers, certify that their statements are true to the best of their knowledge and belief.
Acknowledgement: The Ucensees involved in this transaction have inf'onned SeUer of SeUer's obligations under The Residential Lead.Based
Paint Hazard Reduction Act, 42 V,S.C. ~4852{d). and are aware of their responsibility to ensure compliance.
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663
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670
Regarding FHA Mortgages: TIle undersigned Licensees involved in this transaction. on behalf of themselves and their brokers, certify that
the terms of Ihis contract for purchase are true to the besl of their knowledge and belief, and that any other agreemenl entered into by any of
these parties hi connection with this trallsaction is attached to this Agreement.
Regarding Mediation: The undersigned 0 Broker for Seller
paragraph 28 of ment.
BROKER FOR LLER cmffl"lnyJ:J.t-fl /Wc<-f<. .f ~~-----
ACCEPTED ~ /-:--
BROKER FORo/FU mpanyN ).COL'l:)}'Pil_MNgE:R. r-f5&-
ACCEPTED ~ /17' 'f-?7.A- .
671 AIS-2K Page 8 of 8
SELLER'S COpy
o Broker for Buyer agree to submit to mediation in accordance with
DATE
I - 2-'< -0">
DATE
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NOTItES AND INFORMATION
lNFORMA TJON REGARDING TAX PRORA\lC
For purposes of prorating real estate taxes, the "penods covered" by the tax hIlls .oil or "
the Philadelphia, Pittsburgh, and Scranlon school dIstriCts, the t b~or I J I' ..... . .
covered by the tax bJlJ is July J 10 June 30. 'Q~ .I/'I~"""
,...tl
ATION SELl:3lt .
allows mcatlo/1 ery to a Buyer. sUld provIsIon ~haJJ be satisfIed by cnmmunlC,l
r for Bu such provlSJOns may be satisfIed only by commUlllcatJonlde!l~ery being rnude
,
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":' .
fill. and for
. the perrot!
by the p'
~~ y.
con on that requires or allows communication/delivery 10 II Seller, said provL~illn shall be satisfied by communica.
~, for Seller, if any. If there is no Broker for Seller. aU such provisions may be satisfied only by communication/delivery being made
'riless Of her wise Ilgreearo by the parlie~.
NOTICE TO BUYERS SEEKiNG MORTGAGE FINANCING
The appraised value of the Property is used in determining the maximum amount of the loan and may be different from the purchase price and/or m~lrket
value.
NOTICES AND INFORMATION ON PROPERTY CONDITION INSPECTIONS
U.S. Department of Housln(!: and Urban Development
FHA Loans:
For Your Protection: Get a Home Inspection
What the FHA Does for Buyers. . . and What We Don't Do
What we do: FHA helps people become homeow,ners by in.~uring mortgage.~ for lenders. Thi.~ allows lenders to offer
others who may not qualify for conventional loans. BeL:ause the FHA insures the loan for the lender, the buyer pays
What we don't do: FHA does not guarantee the value or condition of your potenLial new home. If you fin
cannot give or lend you money for repair.~. and we cannot buy the home back from you.
meafterc1osing,we
That's why it is so important for you, the buyer, to get an independent home inspeclilln. Before
your potential new home and give YOll the information you need 10 make a wise dec'
e inspeclor 10 inspect
Appraisals and Home Inspedions arc Olrrerent
As part of (lur job insuring (he 10<ln. we require that the lender condu
for lenders; home inspections are for buyers. The lender does an lip
To eSlimate the v"lue of a houseL~
To make sure thallhe hl)u.~e meets FHA mini ",';:Wllrty _' i
To make sure that the hOllse is m:ll'keta.bL ',' ,. .~~:~,':.?!t
Appraisals are not home Inspection~':,~,~~!~~!~".,.;~')C'~i'~:~:k~~'~I~J>1
Wh)' a Duyer Needs a Home In .,'. _ ',]tI}c"j..2 Ji~,_ \t~,ii).
A home inspection gives the bu detliU!O.fPformatioi1\~ltn appraisal - information you need to make <l wise decision. In il home inspection. a
4L1<llitinl inspec10r wke$',Jio in- }'unbinsed t&)k-:it your pot~~tial new home to:
EvahJate Ihd'~~~i!:,al "',,',, n: stru~~onstruction. und mechanical systems
ld~nti[>, ilems' tli!lt:~~ed ~:~.~~w,~ ~'t 'teplaced
&:tl1~~J~j!l,r.efil:'aii.iihg usiffiiUfte;dtthe major systems, equipment. ~Irtlcture. :lnd finishc~
""',];!:;kh,~,c4~t(',~:t~-1~'\
What Goes InJ~,.i#mtiej~tJon
A horne inspec~:,,!,ves the tnfyh an il1lpartilll. physicul evalU:ILion or the overall con{lition of the home ,lIld items thllf need to be repaired or rer/aceJ, The
itlspectillll gives il:~t8j,Jcd reporl on Ihe condition of the struClural components, exterior. roofing, plumbing, electriclll. heafing, insulutinn [lnJ ventilation. air
cOllditioll'lng. .md nit~rjors.
De un Inf"rnled Duyer
II is your r~'sronsibility 10 he WI i"f'orrncu buyer: Be sure thnt whllt you buy is s[!ti.~fadory in every respect. Vou have the right to carefully examine )'I'lll
potentinl new home with 11 qualified home ilJspel'hlr. VOll should llTf1lllge 10 hllve ,1 home inspedion before YOll purchase your home M,lke sure your UJIl-
lruet ~tllles that the sllle of the home depends on the inspection
If you belirve you hllve been .~ubject to tliscrimil1(1/;on because of your race. color. religion, sex, handicap, familial statu.~, or national origin. you ~hlluld can
Ihe Hun Fair Housing and Equal Opportunity Complllint Hotline: (8f)()) 669-9777.
Thi.~ sHlIemenl must be delivered to YOll al the time of initilll loan application. Return (lne copy to your lender as proof of notificalion llnd keep (me copy for
your records.
You, the borrower(s), Rlus' be certain that you understand the transaction. Seck professional advice if you are uncertain,
l'R<H'ERT\' I~SI>EC'I'ION :-.!<)TI('ES
I'rujlt'rty Inspl't'fioll: InspeCliolls or' Ihe PropCi'ly l'an he rerl"rnlClI ny {lrofe'si')j1llIe'''1111-<Il'ldrs 01- a /lllllll' inspel"I<>I-, and 11](,y indlldo: lJ1spec,tiulb "I: 'tille'
tund l'l1mrOllenls; ro,l!; eXlerior windows llnd exterior dO'lfS: eXleriur siLling, til'l'ia. gUller", and d,)wnsr(lllts: .'jlplianl'es; o:kl'I,'il':II, pl'tll,l1ing, Il<:"lil1J!' illl,1
cpulill!! sySlem,,: walel' penc.'tr,llioll: and (IllY IJlller ilems BUY'::lllllly,sekC:l, Olhelll' insp<:c:liuns "r ccrtifk:ations IlliJ!hl inl'ludc: [nvirolll11elllall-/;Ilards (e.g..
.. Mnld, !ndoof Air QII:llily, A,,/lestos, Undcrgn1uIld SlOwge '!';Inks. etc',j, Elcdmllwgnelie Fields. Wellands Inspel'til,ll. 1'!<1ml Plain Vc:rifiC::llion, Prllp':~IY
HoumJarylSljuure hmlilg<: VeriJ1calion. (llld illlY "th~r it~IIL, Buyer may sekL'1. AlIyer is ndviscd 10 inv.:sti.g,lle ellsetllenls, deed :lI1d L1.'c' lesll'H."lI,"lS tllldlld-
iilg .Iny hisloril: preservation fCstrictioll,' or (mlinilncesf Ihat apply wtlle Prnperly ,,'llJ to r.:vi.:w IOl.::tl/oning onJin;ll\e.:s
I'llIocll'laills: If the Propeny is loc',lIc'd in a il<l(tu plain, Allyn IlI"Y be reqllir.:d IP l'Mry additiol),d illsllrall\'O:,
I'ropcrl}' Boundar)'! SIIUUI'C hmlagc: Illlyel' is ,lu\'ised th,ll Sdkl' ha, 11(l111.,d the Prupcny SUI'Vl',\-o:d ;lIlU Ihat all.l' knl'c_" Il<'d~e~. \\all., :111(1 OIth\.'ll1dwr:,1
or e'''I)~lnlrlctl [1.lrrier" may Ill' 1l1:,y not rl'pre.'l.:nllhc tru<o bnlll1d,II'\ lil]~s "r,he l~ropL'n.l', Buyer i. :lIso ,Id\'i~ed thai any 1l1l1I1elic-:t1rqJl'c',WliI;1I1011,' (II "1I,a,,/
r,,"ta)!e ,,1' th~ slnlc'ltIre/s1 and/,lr lot ,i/e ;Ire ilppruxill1'llinll~ un!y ,Iud Illily ho: ill:lutll.IIo' Hilyer i" :Id\i~.::d to ell!;a~<: ,I pl'ok"iol\al ~UI\O:\,(lI "I ohl;lill :111
indcpendcl1llllt...,url'll1cntlll Ihe' stl'ucturl'ls) ,lnd/l)r 101 -,i/e ir Bllrer wisllC" 10 111"1.;.: Illis s:llc l'l11l/ing';l1ll1l1 /lllY~I-'S .(p\'l'o\'al ,,/ Jill' 1',,,p,'I'I:, '., Ihlllml;,ri.:s
<lr .'<llI ~I rt' (I )()I age
\V;I/t'r Servicc: Buyer m.,y ekd 10 h;I\'I:: the wilter servke inspcl'l..:d hy ,I j)l'Olcssillll,tI w'-ttn lesting c'olnpilll.\', III ."Idilioll, <l11-SII..' \c.lln Sl"!'VIC'': S) .'Il'lIh
llIay Ilalc' tUl1k(.'1 cerlaill qU<lJiI)' <llId/or llualllil~ rC'qllin:l1l..:nlS SCI hy the 1l1llllieipalil)' or till' I\wrtgage knelc'l.
\\'uud.ncslrn,ying Insecllnfcsllllion: lnseds whose pl'inwfY "ll'r.:..: "I fnod is woud, Slll'h ns terlllilCs. wuml.horiug h..:etlc_" cill-penlc'l al1i';. carp.'lller hcl"
alld q'flilin olhel. insects, l'an nlll.~C damage to the wood s!l'u<.:turc 01 n rcsiJc'/K'C Termite and Pesl Control c'olll(l;lIIies "I'': a\aihlbk!O Illuk.... tllSpediolh II'
dernmine whether \\!()od.,kstroying illSCl't, ;lrc prescnt. Because of the way these insects fUI1Clion, d.IIlWgl' to wood may he hidden. C<lfeftll wl.xtilln sl'''III11
he made of _,j.;',llt'd expcrh il1lht' termite/pe,~t coulrol field 10 insurc a pmp(.'r t!elcnll'lIlaliofl of wlll'thcl' wood-boring insccts or resulWlll damllge is pres..:lit
Exterior Insulatiun and Finish Syslellls (Elf'S): EXlerior Insulation alld Finish System'i -- sOl1ldimes rd~rred [0 ('Is syntheti.... sWeco - are lIlulli-la}-
",red wall syslems thut ure applied tn the exterior of some hnnl~S. Poor or illJproper in,'i1;l11;lIi'1I1 01 En:S may result in l1loiswrc penetrating !lIe sllr)'ac'," of <J
strllc'ture \\'11<'/0: it may l:aU,~e damage to the huilding's fr:lIne, Leabg.: most frequelltly (weurs near doors and winuows, gullel's, the roof connel'lion, .ll1d al
the )owcrlllust edge lIf the exterior ~urface. Vutnel'1loility 10 leakilge d.:pcnu,'i nn strul'lllre uesign as well <IS Ihe exp.;:11i~e (lnd ilpplicntinn skills lIr Ill.:: (,('I!'
tr"l'lnr, D:lln'lgc l';\uscd by wlIler intrusion 1I111y be holh nknsive anu e.xpensive to r<:p;lir but may go unu~tceted in lhe absence of' .11) adequate insplOe'tion
Buyer" pUI'chasing homes with EIFS l'onstwetion may sed: tn engilg.: an inspt:clOr experienced in te,~ting for EIFS related prohlems who can dl'h:t"lllilll' Ilw
'llllisture ~'()nlenl oflhe building's fr::lme
INFORMA'f10N REGARDING THE HOME INSPEC'l'ION I~AW
6S Pa. C.S.A. ~7501, ct. SCII.
Appllcabilit)': In general, lhe Homc Inspection Law applles 10 residential reill estllte Ir.lIlslcfs. A re,~idenli.d real eslate Il'ansil:r is defined OJS .( "lie,
cxchunge, insluJl1l1~nt Silks el1ntracl, 1e,Ise Wilh alloptionto buy. grant or other trall,~kr of an interest ill real pnlpeny where NOT LESS THAN ONE ANI>
NOT MORE THAN "'OUR RF...sIDENTI^L DWELLlNG UNITS are involveJ_ See Illttll'IllHti\)n Regarding The Rc.,1 t:..Wk Seller Di~dl>"ure Lall
(excertinns 1.8) fora list ofexceplions to tbls general rule,
Home Inspection: A noninyasive, visual examination ofsQme comhillmioll of Ihe mechanical, dectri<.:ul or plumning S)'Slcms or Ihe ,~lrllclu[Jlllllld essen-
tiu! l.:omponenls llf a resilietltial dw~lIii1g de!Jignt.d to jdCllpfy materiul defects ill those syslems ilIlJ l:nlllpollel1ls, und performed for iI fee in Cllnne('lilln willi
or prepurulion ftlf a ProP9sed or pos~jble residential. f(llll estute transfer. The IeI'm ulso includes any consullatinn fegill"dillg the properly Ihal i,'i represcnt~d to
be a home inspeclion6tthat i.lIdescribe((b" any confusingly similllr term. The terlll does 11m include un examinmion of a single system or componenl of;1
resldenli.,1 dwelling sllch as, for eX8trJple:ftl'l'electrical or plumbing system or its roof. The term also d(\e,~ nolwdwle an cx;lIntl1;llioll thm IS limiled 10 1Il"pec:.
lion fur. or of. one or more oethe followirig: wood deslroying insects, underground lllnks and wells, s~plic systems, swimming pools ,md spas, alarm sy~.
lems, air and wuter qmdity, ten~i~ courts and playground equipment, pollutunts, toxic chemicab and eJlviroJlmentnl hazards, The ,~cope of a home inspel'tlon,
Ihe scryices to be perfmllled llnd the sysfems and conditions to be inspected or excluded from inspeclion may he defined hy :.t contract between Ihe home
inspeclnrand the cliem.
Homc inspection report: A written report un the rcsulls of a home inspection.
A home inspeclioll reporl sh:lll include:
(I) A description of the scope of the inspeclion. including without lil11iffllion an identification of Ihe slruclUral elemems, systems :lnd sub~yslems (:Overed by
the report.
(2) A description of any materilll defecls noted during the inspection. along wilh any recommendation dmt cerwin experts be relaineu 10 ueterminc Ihe extent
of the defects and any corrective aCliol1 that should be taken. A "material defect" that poses an unreasonable risk to people on the property shilll be con.
SpiCUOllSly identified as such.
A hom~ inspector shall not express either orally or in writing an estimate of Ihe cost 10 repair any defect found during a home inspection. except that sUl.:h
an estimate may be included in a home inspection report if:
(I) lhe report idemifies Ihe source of Ihe estimale;
(2) the ~stimule IS staled as a range of costs; and
(3) the report Slates Ihat the parties should consider obtaining an estimate from II contractor who performs the type of rep:lir inyolveu,
Se1Jer shall huve the righl. upon requesr, 10 receive without charge II copy of any inspection report from the purty for whom il was prepllred.
Home inspector: An individual who performs a home inspection,
Nalional home Inspeclors association: Any national association of home inspectors tlwt:
(1) h operated on a not-for-protit basis and is not operuted as u franchise.
{2} Hus members in more than ten states.
(3) Requires IhDt;l person may not become a full member unless the persun has performed or panicipaled in more (han JOO home inspections and has passed
;1 recognized or accredited examination testing knowledge of the proper procedures for conducting a home inspection,
(4) Requires lhal its members comply with a code of conullet and llltend continuing professional ~dUc;ltion c1usscs liS an ongoing condition of membersbip
A buyer shall he entitled to rely in good faith, without independenl inyesligalion. on iI wrillen represcnlUlioll by a home inspector lhalthe home in~peClllr i_~
" full member in good standing of a national home inspection associalion,
J\-'Iaterial dererl: A problem wilh a residelltial real prupel1y or allY poi1ioll of it thlll would hayc <l significanl adverse impal'l on tht: value of lhe proper1y 1)1'
thaI involycs :.In unrea,~ollable ri~k 10 people on the property. The fal't thlll ;l strucluml elemenl, syslem or ~nbsystelTl is near, lit or neyond the end of tht: nor.
ll1aluseful life of sllch a strudUfll1 element, system or subsystem is not by itself II ll1aterilll defec!.
ENVIRONMENTAL NOTICI':S
,\sht'sIIlS: The he,ll-reSi.~I,lfll and duwbk nature 01 a.sbeslus nwkes il usci'lIl in C()l1SlrllClio(] and induslry, The phy_,kHI pn'l'enie\ Ih;11 give ;oshcsto~ it, rc~i~-
1,111\;e lO he;ll and denlY :lfe linked with several i1dvt':rsc humulI hcullh C/lCI;IS. Ashcsws 1;,In cusily orc,ll\ in/(l lJ1icroscllpi~. nbNS llw( etlll rrlll>lin .,uspcndc'! ill
Ihe ail' l'Of 11Ing pcrioJ.s of lime. When inhakd, (hes.: I'ib<,:rs casily "enCl(1ll<.: hody ~s.SlJc. AsbcslOs is known 10 cause Asbeslosis <llld viirious furms 01' L',II)I;CI
Inquiries or reqlle~ls f{lr ill\lrc information :100111 asbesll)s L.an be .dirccted to the U.S, Elll'irlll1mCnWI f'ruleL.lioll AgellL"Y. /\riel Rios Building. I ~()IW
"Pennsylvaniu Ave., N.W.. Wasllingtol1, D.C. 20460, u/1(llof the Tkpilrllllclll or He,lhh, CUllllnullwc,illh of Pcnn.sylvania. Divlsillll of Envirrllll11clllal Heallh,
llarrisburg, PA 17120.
Eledromagnetic Fields: EJectrolTIugnetie Field.s (EMFs) occur 1I1"{l1ll1(J HII electrical appliances and power lillCs. Condusivc e\'i<.k1l1C~ lhal EMF.> po,e
hCilllh risks uoes nol ~Xi"l nt pn:senl, <Inti PennsylvHniu has no laws n:gurJing Ihis issue
Envh.urJlIIcnf1., Hazards: Tlw U,S, Envirdlll11clll:d Prok'elioll A~enl')' h;l,s 1l lisl 01' h,Il.IHlnus .,lIh"t,IIlLTS, lhe ILSC ;llld djspu"d oJl whiL'h ,11'1' rc~lricII'd hy
1:111 (;CllCl'1llly. il' hl.l:wn){lIl'; subsl.wees :11'(' f'llttld on iI properly, il i,s Ih..: prupc:rly owner\ rc.sponsihiJilY 10 di.spns<o of Ih":l11 pmpI,rty, For 1lH>I'C il1!'''I'Il1d!i''ll
;llld" Ii~t oj' haz,lI.tl(lu.s suhstallc<,:s, ~'('nIaL'lll.S, Enviwllmelllal Pro!eClj,H, Age!!l;y, Aliel Hi,l,s Buildillg, I~O() PI-'Illl,;ylvanin AIC,. N.W. Wilshillgl"lI. 1)('
~O--l()O, i ~()~ I ::!t.lk:!OlJl).
\\'~'tl;tlul.s; \\icllnnds ,m~ pr(llCI'll~J by both thc JcdL'I'HI aud ,tlllc gllV<>I"IIIllCI\(., Bllyer 111;1.1' wi.sh 10 h,lVC the Property inspected for wcll,lIlds hy :01 ellllll"l
IIIL'nl;d <':1I!!iIlI-'CI I" dClcl"Illilw il permils ful' [11'lI1s 10 build. improve, or dl'\dor llll' propcl'ly wlJuld h.: :trrt'crt:d 01' dClli.:t! hCC;IlISC of \>'eIJ,1I1<.h
LClld: (I<IIt' ('rOllt'r!ics buill hefnl'c 197HI
Lead \V:ll'niu!.\ SIi"~llH'nl: LVL'I.\-' I'llrl'lldSL.1 (,j allY i,u..::n:sl ill rc,i(kntiul r~;iI pi'Ol";Tly i1l1 whidl <l re,sju('1l1idl d'"l"IliIlY v,,, hlloll pnor 10 1'1::\ "
1I0lifiL'd Ihal 'lk.11 prIlP';' I', Ill"Y )>n-'s~.nr nj1l1sllrc to bid fr"llI ICild-bast:d p:lil)l 111;.1 IlHl) place ynllng chillll";! <II Ih~ "j' ,k, L'li 'I\illi' 1,.",1 i,,,iS' 010111,'
I,cd.! p"i\ollill;' 'II ""illig LI,ildlell m;l.\-' pn,dll\'O.' pCl'llli_lIlerll neur()logical LI.lill"<'C, ilH;llIdill,~ kallllng ,I""hi:ili.,. ;,d'f'LI'il i'JiL'lligL'IIC" '1U,'lllll,
hl'llil\ illr,1! [lJ"uhlcIllS, ,11](1 illlp,lir\~d 11l"::1l10r\. J.l'aJ poi~oning llbll p,,~t:s U P<lfliL'ttl,lI' risk 1" jll-L'.;' II;" II "UIIIc"II 11i( ..,dkl "10011)- IlIlen:\! ill w\I,lcn
11,11 I.c;d property is I..::qum.:d In pro\"lk lll~ buyer \>lith any inforlllOilion nnleaJ-ba.sl'd 11;01111 IlilJ,mh Jr"lll ri,).; :ls'n_Slo'L.lIh ",111'p<xl"JlI' Iii ilw
,"'Ikl.' p'h~e\,i",OI alld IIlJlil) 11lL' hll}.:r of any 1.:11111'>'11 tc"d~bu,sed /willt h~1,;lrtls. i\ ri,,1, oI"'C~'IlWIlI III 11I\I1<'l'li"JI I'lll )lo"il,k k\lll-bd'c'll I,.nnl
hill,lId" i~ i'c,:"llnlleIHkd p,.iolll' pLlI'chHse.
I.cad IImmnb Dbdusw'e Rcqilil"enlelll.~: III aCI'ol"l.bllel' "id) IhL' l~i:,idL.i1li,,1 I_L-"el-I;:i"L'il 1).lIlIl I Ie: '.,,<1 )'~e'd"I'li"1I ,\,1 ",1\ ".11.-1 i,J 1''''1,:11\
huill he'forc IlJh IHUSl WOI'ill... the huyel II ilh 'Ill EPA.apPI'>le'd k"o! II,I/,iil'ds inl"I'IIl;tllO'i1 P;ill,(,hkllllil-cl I" j,', I ),'"1 ,I-'IIIII/'.' f ,"1.-1 I,''''! II'
1/,."" ~,Hd 1I1ll,~1 <ii',do..;.: I.. ill'" I,,',.'.cr ;md Ill.: Ih"LT{'" llie' ~llll\,'!1 1'1',"':11,',. ; ,I 1"..;1.1,,, ,,',I i'i1illi ;llld/",. "",,d ,h:I,.,'d 1',..iIOl 11;1/;,1'01" 'I: ,., "II ;il(' 1 '
L.IIY he'ill!:, sold, illl'lllding Ihe' I;",i, LJs,-,(1 ror dl'rc>rllilllllli! Ih,1I 1,',ld,h.lsnl painl ,n,didl. k;III,h;,", ',! 1".;111 1:,1.'.1101," ,".1,1 II~, 1''''''111'',-' ,,/ 1.'.' 1,1 ",,_, [
:111<1/,,1' il:i1d.bllS...d p"in! hil%;lIIJ-. and lhe c"lIdilioil ul I":Il'h'd ,S()('(an",. i\lI.' ,dlel Ill'" I"" ILI::~ '"I'Ulliln. "n..1 I", 1'<1\" "k 110,' 1 :,,";
i"t't"urJs ur I','p',rl... al':IILiI.]c (0 [he sdlel I'l'I'l:,'1l1I1,' I" kild..t'i1,'C'd 1';lilll '"1d/',,' k,HI' 11;1,<'<1 r,;:i'" 1,;,I;:l'tl\ II: ,'I' ,11\11111 :111' ,1I"!" 11\ 'lL;II~ ",I,I II:.
lIhHl are.IS, 01' I,(her 1L":i,t.'lIti,ll .lwc:!lillg, In nllliii,LliIIiJ:>' li"iI':IlI,~, 'III(: ..\;:1 ]'\1['111(."1' I".qliil'c., Iii,;! kl"I<'" I'H\'l'l I, ",!'li,':lh Li ;.1 pd['l'I"""l. ;,11'
;11,t,!. ~.OII'lrllek'd pri'l! II' 1"/:' I!,,; -,(,'il:' \<il!i ~'i'l: II... b""L" II, .I:i"s 11Il1c'.,~ i)III,.r ,,11<1 ;k, .'<l', ;11 ;llm.:" ,,:n': :il". 11C';:",:, '''';
I"',~ ;)".';t'V,ill,'II' I'r in,'!'.'< lilli' 1,,/ IIiL' P' .c'II,',. "I' k',J(1 11.1.:,.,1 p ,1,1( ,1"cI:i'l 1<"",1-":1,,';1 ['''"!1Ii: ',",'d. ill;:' I'P'"I''' 'I I.' ,',',11,11" I
<!"i".'L"IIL'1', I d "'" II', ,', 'II '\ ri..,,,, ,~;,_"I!, .,"'~ 'h ,I ,'1"',11,'.11, ,:1 .', !illi"" ..,j "I. I: II,' "III III i' 1,;;\'1
',Ublu'( 1"lh,'i\"
!!;It!OIl: 1(.,,/"<1 ,,; ,I, .1I,n-,I; , ,,1.'1'.1._11'\ 111::l h i'I'"d",'c'.j 1111il" ).21"111,-.( !." !II,' 111'1111:11.1", :'.' "I ,,",,"HIIIi; :;\1: ,(II'II,!. \IIIL'; 'HellL ,1".,1,:;: l'\I<":.I,',,
", !i ~!I ie,. I" 'I ,''1.1,'11 c.',' ,_'<III ir',-Il::':','. IIIL' Ils~ ",' illll'~ 1';lllc'L'I, 1{,lel",l ,:;'1; i'i"d i" I\d'" iilli, ;lli\ :liI', 'I),".L' Irod",I:II,: J " ".1;,,;'1 ,<lId, 'i,'" '
"II, ,.,,-"IlIC';Ik ;, ,lnIL.lill(' 1.1',. I:, \, r:", i'->lIIlIU::'I:.1 I'rnl!:l.'li, q, ,":!t"lkY 11'1'.,\ I <I,ll hL"; ,', 'i'I,'d:I'c' ;1<'11,';; II I!I,' ;11'1111;11 " ,'I'<I~', "'1",,01'1'" 1'1 1.1,1'''' .." "'.I
"'1" 11'i- ~,. . I, "r -1 i';\'I "'I.I1';,.,.'!'I,:I, II ,I I"""" 11..,' ,I LldL"1 :'r(Jhklll :1 II\l,,,ll," <. d" \1C. :'II".il ! '."' 'Ill','; l':',,',1 \,,':]II1:III'H) "lIill"1 11\, l'i'~'II..'Ilr',"c' I ;Ul'"l '.1;;1
1'.'1''' " ",III' k'I", II;ili~_:'1(c-.. "I' ';11.::; 1,lard, :. 11uihl i Il,~ lor ;,,,d"i1 ill f\,'IIlI.S.l1 '.';<111,' 11'11."( hI' ,,'["(; I'i,'d 11'. !Ill; I )':I..IHl "..'1;1 PI I :w, Ii'! >II "k'loI,1i 1'1'1 ,lc,'1 ii >II, II',,: '.." 1,.1:,
1"'liI ,,,d,'1i ,11,1 ;lh,"11 nl-:I:'i,:,[ le",ill!" d'-I1Uli,~!illi')11 (ifill' I'; ;.\'illl:.ll'.l.- Ihr"lIgli Ikl,:lrlIlWi]1 .\( J':IIVOJ('lIillL'>lI::II'n'Ii."<'II'.II_ fJIII'L';1l1 L',I 11:"li;:li"1! I',.,""I,,"I II,
1'1,,,,, I(;,,'il,! C:".'"n';~'1lc' 1!lli" Hl'illiillJ.'. I'i J, nO., 1'-/(,<1 ILII,'!',!->Il';!, 1':\ I) JIl:> :';,~(,q_ 1.';1,(11 ~ll~AIIOI\j ,H I) 1-'1 7~ {, 1~'1_1
I.,loldiFIUlj.!,i aud Il1dHur ,\if (1IIalil)': Indl,,1( 11]('1.1 1_(\IH:lmillilli"ll and Ihe illl1;lIi11i"1I111 i'io;[c'[(l,.;uh IO",'!t'liil. 11Iold 'l"'l'L".l1I>Ilc'lI :lIld inh,,"III<I\'-' !'" II
""',.Iillnl wilh alk(;!I": rnp"I>'iL'.s IlIdlldill~ HI'!"'!' rc'spinlli'l} rouge.sli"II, ~()t1gI1. IllUClIU, mL'lllhlilll" il'i'ir"li"ll, ("I~'r. ,'hilh_ !)([I,cI, ,....he 01 1IIhcl-II-~lIhl,'1I1
illlblllllwlion "f '1lkrgy. Clililll~ h;II'~ heel) i1s.sened 111;11 exrnsurl-' to Illold <.:ont,lI11imllloll .lIld bioilcro\oh hilS led ii' seriolls inkl.'II()Il, illllllllllp.srrpjlll"',iLlIl
~1I1l1 .Iln.:,"'s of IIL'urn 01 'Y'kllli.' (,,,icilY. S:lInr)ill~ of indool air 1/1Idlil} :IIHI IJlhc!' II1l'lhuds l'\i,st It, (kl':l'lllill" (he pI'CSClll"L' :111.1 "L'PL' "r all) illd""1 '-'I'll
!"1I1111i11i"l1_ J3ec:llI.se indiviLiu:lI\ lIlay 11,' .Illcclcd Jiner~IlII)'. or llO! ,lfliXled i.ll alt, by mold I;Olll<lIuillillloll. !lIC ~IIIC:.1 ilpplOildlll1 del~"lIlIIIW Ihe PIL'_,,'lh.C "I
<,olllamillillioll is 10 cngagc lhe st:lviL'l.'s 01 <IquJ1it"jcd prtlh:ssiorlal to undenake an Hsscssm",nt and/or .sill11pling, A.s.sCS.,l1l'-'lll,.; lIud .slll11pJ'lllgS )'01 (h~ Pi'L'S"ll,e
L'( nwld <.:olll;lmin;llilll1l.':ln b~ pt:rforlllcd by I.jualilkd illdustriill hy~ienisl.s, L'ngincers, labora(oric.s and 110111<;' inspel'lioll cOll1palliL's Illal of!'.:;!' th.:se SCI"lil'C'
Inl'onnation rcrt:iining 10 indoor air (jllulily is ;tVllitabtc lhrough the Uniled StatL'S Envlmrllncnt,ll Prlllc<.:liull AgeDC} :lnd Illay bl,' ohluilled l1y conlacling IAt)
INFO. PO. Bux .17t:l3, W.I"hinglOll, O-C. 200t.1-71.l'l, '-HIKi"ng-4Jt8
SEWAGE NOTICES
NOTICE I:
NOTICES l'lJUSlIANT TO TilE PENNSYJ.vANI/\ SEwACa: FACILITIES A(' I'
THERE IS NO CllRRENTLY EXISTING CO]\IMUNlTY iEWAGE SYSTEM AVAILAHLE FOI( THE SUIIJECT "'WPEla\,
Section 7 of Ihe PcnllsyJvaniu Sewage Facilities A.J pl'Ol'ides Ihm no pcfMJll shall inswll, L'llll.slrw':l, reqll~sl nil! propo,sals lor l:<lllslnIL'li('1l
aller, repair or occupy ;lny nuildillg I'l" .Slnll'lur" for Whldl <Ill '1I1diviuIW) SCWUj;C syslclIl is III he ;'lslalkd. w"tlh'lIl first ohtaining ;I peflnil
Buyer i.s ;l\!viscJ by Ihis notice thaI. heflln~ signing tllis Agreelllent, Buyer should conliK'1 lhe local IIgel19 l'hargcd with auminhh:rillg the
Act to dckrllline lhe procedure anu requirements for obtaining (I permit for an ind;villual .sew;!gc systell]. Th~ IOl'al <Igclll')' dwrged will1
adlllillisterin~ Ihe Act will be the Illunicipality where Ille Prop~'rty is lul'<Iled Ill' thm lllllllkipi.llity working cooperatively with olhcn
.
NOTICE 2: HilS PROIJERTY IS SERVICED DY AN INI>fVJI)lJAL SEWAW~ SYSTEM INSTALLED VNDEn THE TEN-ACHE I'EUJ\lrJ
EXEMrTION IJROVISIONS OF SECTION 7 Of TilE PENNSVLVANJA SEWAGE FACILITIES ACT. (Section 7 providcs Ihat ;1
permil may nnt be required h~fore installing, cunstrucling, awarding .1 contract for construction, altering, repairing ~}r l'()Illlccfing hI ;111 indi-
vidual sewagc system where :ltcn';Il:re pnrcel or lot is subdivided from a pllrellltract Jlfler January 10. IYH7). Buyer is advised that .'>11il' :llllI
sile te,sting wen: 11(11 l'ondm:l",d HIlU thaI, ,should lhe system 1ll11lflllll'IIOn, thc owner (II the Property or properlies serviced hy Ihe sysklll ;11
tht.' time of a m:JIfundioll may be held Ijl1bl~ for nny cOl1wminatiull, poHution, puhlic he.lhh huzard or rwisllnce whit'll Ol.TllrS:lS ,I resull
NonCE 3: THIS IJROI'ERT\' 18 SF.RVICRO II\' A HQLDlN(; TANK (PERMANENT OR TEMl'OIUUVl TO WlIlell SE\\'M;E IS CON.
VEYF.O BY A WATER CARRYING SVS'I'EM ANI) WIlle" IS nESI{;NF,O ANn CONS1'IW{'TEt) TO 1''AClI.ITA'I'E lILTIi\1.\'IY
DlSIJOSALOF'THE SEWAGE AT ANOTHER SITE. PUl'Slllllltto lht.' P'::nnsylvuniil S~wag':: Facililies Ad, Sl'Iler 1Il1l~'t pflIl'idc il hi'lur_1
of the annUlIll'ost of maintaining the wnl.: from the oat.:: or it~ illswlJatiull (If f)e,;clllha 14, 1\)\):;. whidlt'l'cl' is hllt:r
N(ITICE 4: AN INDIVIDUAtSEWAGESYSTEl\1 HAS IWEN INSTALI.EOATAN IS(H.ATION I}fSTANCE FIWJH A \'"'EI,I, TIIAT IS I,ESS
THAN THE DISTANCE SI'ECIFIED UY REGlILATION. Tht: regulations .It 25 P;t. Cod.:: *73,1.1 pt:rt;tillin); to llIinilllllnl hOfi/ollwl i.,,,-
latjoJ1 dist;H1<:'::S pl'Ilvid.:: gllid,lIll'l', Suhsedioll (hi or~7J,13 ,I,ltes ilHllthe millill1um hllrit.onl,i1 j,slllilli'lIl dislalll'L'Il.::lwc,'1I :111 individllitl \\;lIel
supply or walcl supply system slldi(ln lin~ and trentlllentlanh:s ,hall he 50 li:cl. SlIlhcLlion k) of ;:i71.I.l Slilles 111,11 die IWl'i/uldal isul<lli<lll
dislilncc' hcl\\'ccnth.:: individu;tf wall'I' suppl\, (\/ w;lter supply sy~lelll ,uctiollline and Ihe perinlel.::r of Ihc ah,oi')lIioll :11-";1 sh~IIIIK' )0(1 kc'l
NOTICE 5: nus LOT IS WITHIN AN AREA [N WHlel{ IJERMIT UMITATlONS ARE [1'1 EFI<'ECT ANO IS SUIUECT TO THOSE 1.11\11,
lATIONS, SEWAGE FACILITIES ARE NOT AVA1LAnLE FOR TUlS un ANf) CONSTlHJCTION t)f' A S'I'lwcnmE TO UE
SERVE!) IIY SEWAGE FACILITIES MAY NOT 8t~GIN UNTil. THE MliNICIPALlTY COI\'WLETI~S A I\UJon PLANNING
REQ(JIREI\1ENT PLJHSUANTTO THE Pf:NNS\'LVANIA SEW..\<;f<: FAClI.rnEs ,\CTANIl rU:C;U!.ATlONS I'IWl\'IlIl,(;..\TEIJ
THI<:REIJNOER.
DEFINITION OFA PLANNED C'OJ\/J\1tINITY
Th..: Ulliform Planncu COllllllUnilY Aclllcfines "plilllnnl coml11unity" .IS 1-"<11 esttltc with rcspcct IL) wllil:h it [X'rSllll, hy virl\IC 01 oWIl<':lship of alllllh.'rCS\11I
any pU(li"l1 or the re.i1 cstH1C. is or l11ay hec0111(' (Ihliglllt:d oy covcnanl. l'.lsemenl (II' <Igrccn]('nl imposed onllle owncr'.>; inlere.';l to (lilY .IIlY .11)](,\1111 tLlI' 1'.',11
propeny tilXCS, insurilnl'l'. nwinlenanl,:e, rcp.lir, il11prOYClllenl, Illa\ljlgemem. lI":i1niniSlriltiUIl 01' regu!;llion oj IIIlY pLlrl of the (c.d cslllh: oll1\;r Ihall Ihe ponilJll
or intncsl owned solely hy the pCI'SIIll. The lerlll excludes 1Il'OOrewt".c .lIld U l'lllldllllllllltllll, hul a c(lojlcnlllw nr l'onllollll11lUlll IWI) he r;lrl oj a pl:Mned
cOll1lllullity. For thc purpuscs of lhis dcfinition, "ownership" indlldes hOlding;1 lc;L~choJd illk'n:stlJl' morc than 20 years, ino.:lllding rC!]l'walllptilllls, IIII,'al
cstale The tel'm indw,ks n(ln-n~sidenli.11 campground COll1l11UIl;lies
.
.
EXCOIIHillns from the Uniform I'lanned CUllImllnit)' A(~l - Wllt'n II CcrliJiclIlc uf Rcslllc Is Nfll l~cI1IJir('d
The (1wn~r or il property 10c.lleJ 1I>'lIhill a phinncd community is nOI rCJ.juin::d (0 furnish Ih,' huyer with ;I l'~rlificalc of rcsalo: lImlcl Ihe InJ]"wiil!! L'ln:UI1l-
.'I..IK'O:S:
i\ The PliI!lI1~d COInlllllllity l'ol1lllin~ no mon: llwll J 2 linits, pl"llvitlt:lllhul.' is I1Il po.~sihilily ol.alding feaJ eslale III ~ul>dividing !llIils I" in<'reasc Ih.: sit.e
ortllc rt,"111cd communily.
H The Planll~d Coml1HlIlily is <llle in \\l1ich ~II oflhc unil~ ..Ie reslri~'Ic'd eXt:lusil'cly IlIl1ll1l-1'esidenlial us.:. IIllh:ss tht: dec!ar;lIion plllvidcs IIlat I)W rcs"k
provisiolls :lfC Ilc\'erlhdcs,~ to be followed.
C. The 1'11mned Cpl1llllunilY 01' units :Ire 1111':lleu lllllsidc the COIllil111nwc.lllh or 1\:III1~ylvillli.L
D. The lmn~fel' of the unit is 11 gr;llllilou.~ tnHl~"cr.
t,. The IrwlsJ'e1' or the unit is rC4uired hy l'llun ordl::r
I. The tr;lnsJ'~r Ill' Ihe unit is by rht: governlll~nt or a goverlll11ent:d lIJ:':ency
c: Th~ Irallsfcr or the unit i.~ the result of forcdllsllre Of in lieu or t()rcL!lIsur!:.
Notices Regardillg Puhlk Offering ShllClIIcnts llnd Right II) Rescission
II SelIcI i,~ <I Ikclill'1lllt ot" Ill.: clIndnmiflillllllll' plillllled l'oll1munity, Sdkr i" rc,(L1il'ed to furnish Buyer with 11 ~'I'{l)' ollJll; Punlit Ollclillg SI"lc:llh:1I1 ;Hl.! 'I'
ilnl,'1ll1Illenr.~, hH l'OI1(hllllilllllllls, Ihe lldivl.'l"Y II)' tIle Pub!i" ()(kring SIaI,'llll'lIl must be made 110 laIc I' thalllh.: dill~ Ihe ouyer ,:X<:<:til..'S Ihis ''\1-'1''<:1111:111, Illly,'1
1Il;]y l'.lIll'c1lhi-, A~reell1clll wilhin 15 dilY__ afll'l rcceiving till: PuhJk Oflcrillj! SI.ltemenl <llId any i1111l'l1dl1lcnls thnt matl:l"i.dly .llld <ldl'crsl'i) ;1/)..,,'1 Hlry," /-oil
plalll1ed l'11I111l1llllities, tl1l' Dcct;lrillH Il1U.~1 provid.:: lht' Buyer wirh <I e<lry of tllc Puolic OHering St<lteillelll and its lInlCl1dllll'IIIS 110 1.ller lhan Ik (LII',: lhe' BUY"I
CWCLlles this Agreclllclll. Buyel" 111.1Y ".IIK'c! tlii.~ Agrcem....nl wilhin 7 day~ l1/kr Illl:eiving III.. Puhlic Offel'ing Sl<Ilclllelll ,lIh! all\ ,11lll'flllll1l':lli llt;11 liiilll'li;d-
Iy "l1d adversely ..1"1<::":1 Buycl"
INFonMATION REGARDIN(; TUE REAl, ESTATE SELLER nISCr.OSIIRE LAW
Generally ,~pcakil1g, Ihe Reid Estilte Seller Disclosure L'-1IV requires thaI before UI1 ilgrcelOel1l 01 ~;ilk is .~igned, Ih..: selkrln iI rcsidl'llli<l1 I'c,,,l .:sl.l!.' 1i";IIIS!c:J
IlIlIst l11i1ke l'crluin tlisd(l."ilr<,,~ rl'g.ln1iny the property to pOll'l1Iilll buyers in II torm dl'lilll'd hy the law. A rl:sid..:ntial i'l'al esr.He lril!lst"n i" ddined ".~ it ,Silk
':\l'hall;;e, ill,~wllllll'nl s.lles cOlllraet, lell~l:: wilh an op~ion to buy, grunt or lllha tl'iln.~fl'r ut",1Il inh,'rc'sl ill rc.J1 prnperly where NOT J,ESS TII.-\N ONE AND
NOT MORE THA.N FOUR RI~SIDENTlAL DWELUNG UNITS ilre involved
The 1._lIw ddllle~ a numher of excepfions where the disdosurcs do 1l0l have 10 he nwdc:
Transfers Ulat are the Ihult of a COllrt order,
Transfers fo a mOrfgage klldcr Ihal resuJI frolll n bllycr\ llefllult and ,~UhSCiJ(lCIIIIO)reclosllrc s;dc~ lh..II'I'suh trolll dd.lldl.
Transfers t"rom a co~own,'r 10 (Jill' or 11l1lre other l'()~OWllcrs
TrJnsl'ers made hl:1 spllllse 01' dif(~c1 descendant.
Tnlllsfern bcly.'ecn spouses Ihat result frolll divorl:c, legal sepllnllioll. or pmpl'ny seUICIl1<-'nl
Tnll1sfers b) i1l'lIfpllnlrion, parlnership or other a.,,~neiati\lll to ils sllilrehollkr.s, pllrtJlCr" or olher lX!IIiIY "WIH.:I'S :J:, pari lit II plilllO!' li'llIid;dj"ll
T(llnsfcr of 11 prol'l'rry to be d,~rnlllishl:'d or convertl'd w non"residenlilll USl',
Tnlll"kr olullilllpnH'ed rl'i11 property,
Transrers bY:1 fidu..:iilry during Ihe administrillinn 1)( a ucecdcllt L'SI.llc'. gililrdiulIship, clln-'ervilrllr.~)lip or lrusl.
Transfers of ncw conslfllCrillll Ih'lt hilS ncver bt.'ell oculpi(:'d when:
Thl:: hIIYCI' has received ,I OI1l'-yeiu' walT:tnly ..:ovcring the construclion:
h. The Iwilding h;ls heel! inSpCl'I,'d fOf compliance wilh the ;lpplic<ibk huilding l'ode 01', il nOlle,:1 I1<tlinn.dl} I\'l'ogni/ed modd huildillt!
c.!de:,lnd
A cerlil'icm,' or llCCUP:lllCY Of:J certitlc:!l~ of elldl' compJiance Iws been issued for rhe dwelling.
3.
4
,
O.
7
,
l)
Iii
III illldilion to lhese excepri()n.~. di.~l'J(lSUre,~ tilr COlldominiums :lI1d coopcrmives Me limited to Ihe ,~eHer\ pill'licul<lr unil(s). Di.sd(),~lJrcs rcgilrdinj! COlllllHlIl
:lre;ls Of facilities :lfC not required, liS those elements are 1I1relldy lIddressed in the Jnw.~ thar gOYCI'1I Ihe re.~;lJe of ....ondominiulll <l11d l'(lopcnllive illliO'r<.:sls
EXECUTION IlATE
Alll'hanges 10 the Agreement should he inj(i:ded and dllted. The dill!;' of cxecution i.~ the date when Buyer und S~lIer h:lY<' indie:lled full aCCl'plilnl'l' oj this
Agreement by signing IlndJ(Jr iniliallng it.
MEDIATION
l>ISl'VTE RESOUJTION SYSTEM RULES AND I'ROClWtJRES
.
1. Agreelnenl Ilf (lurties TIle Rule~ .IOU Procedures III loe Dispute R<:~ol(lliull System (DHS) <irply when the p<trties lwvc <Jgr<.:cd in writing 1(, IllcJialc
under DRS. The written agreement call he ilchie\led hy il slurld!rJ chillSI': ilt iHl agreement of Stile, an i1ddcndutn 10 <Ill agreelllent 01 Silk. or Iilrollgl~a
separate wrillen ugrecmenl.
.
2. Initiution oj' Medilltlon If II dispute exists, (lny parly muy star11hc mediation pmccss by subll1iuing a completed Reljues[ III Jjlilial<.' Medi<llioll DRS
T..msmittal Form ITrilllsminul Form) 10 the local Associution of REAL:rORS@ (herenl'ler "Adlllinislflllor"), The Tnlllsmillal FOfln shuuld he <I~',lilahlc
IhrougtJ the Adminislralor's (lftke. The initialing parly should lry 10 illl.:lude lhe following in/ormalion whel1 .~ending Ihe (;umpleled TnHL~!lliU1J1 Furm
IOlheAdminisIHl[Or:
a, A C(lPY of Ihe wrillen <Igrccmcnt to Il1cllialc iflhere is one, OR (l re{/tleSl by (he iniliilling p:lrty to have r1w Admillhll"LllOr c(lnILl~1 llie olher par-
lies 10 lhe dispUle to invile Ihclll 10 join Ihe mediulion process,
n. The IWlnes. ,lddresscs iUnl telephune numbers of Ihe punks involved in Ihe JbplUC. ino.:luJing Ihe IlHllle 01" el'<:l) ill~lIr;1lKe LOIllP;lII) hnu\.\"n
III hilve received notice 01" lhe dispulc or daim ;Ind Ihe corresponding J'ile Of dllirn numoel'.
A brief slLltemcll1 oflhe 1;1l'IS uf lhe dispule lInd Ihe If;nlluge.~ or relief sough1.
J. Selection of Mcdilltor Wilhin live duy,~ ofrc(;eiving lhe (;omplelcd Trilllsmillal Form. Ihe AdminislrLUor will send cilch p<lrly III rJw di,'iPUIC a L'Ury ill
llle TrilnslIliHal Form and ulisl or qualified I1lelliUlOrs and th..:]r fee schednle.'i, E1.II:h p:lrly then h;I.'i len days 10 review lhe IiSl olll1ediil!OI-" n(),~, (llf III!':
!lame (If any m~diillor 10 whom lhc p;lrly o/'ljC(;IS. and return lhl;: Jisllo the Adminislrillof. The Adl1lini~tfilror will :Jppoinllh~ fil'sl ;lvwilllbk medialol' Ilh"
is ac(;epwbk IOilfJ panies involved.
A ll1edia[Or wholl;IS ;lIly finllnciill or pl;:rsollul iJl[en:.~t in the dispute or tile re~ullS of the JlIcdi:lliol1 call1lot serve as mediatol' to Ilwl iJis(llll~. (lllk,,, ;,jl
panies <Ire informed ,md give their written (.:onscnt.
4, Mediation Fees MeJilltinn f~e~ will be divided equ:JlJy ;IUlung. Ihe parties LInd will be p:liJ befoft'. the mdiutiun l.'lln("ere(KC. The p;\ni"s will (,,!lUI/,
lite p,IYlllcnl terllls L'Olltained in the llledi<lIOl''s fee schedule
5. Tilll~ and )l!uce of Mediation Conference Within tell JJYs of being <Ippoil1led to the dispule, Ihe mediator will wnl;lcl 1/)[; pilrlil.'.'i <lnJ 'i~t Iho.: d:ltl.'
linlt: alld plai."e of the IllC(Jiillion l:\lIlft:reIK'c, The Il1cdi:ttnr Illust give ,It le(l.~ltwcnty days' (Id\"all(;c notice to all parl;.;s The I!lcdi;llion L'''llli.'l'e{l(;i." ~IH>uld
lIol be 11101'1.' llwn ~il;IY day~ from thc mctliuwr'.'i :Ippoinlmelll In Ihe dispute.
Ii. CllOdud ur Medhltioll Cnnl'crelU'C The {l:lrlic~ ..!tending the mediation conference will be c)(fll.:clcd lu
,I. f-J.."e Ihe 'Iulhorily 10 cnler into ilnJ ~igll il bindinfl setrlcll1lZnt to the dispute,
h. Produce all in/ofmation required till' the mediator to uuderstand thc issues (lflhc dispule. Tile illlortlWlio!lIl],I}' illdndc rL'lel':t11l "'i'ittL'lIll1,lIc'-
li,[h, (l.;scriplions oj' willle~,~l's Hnd Ihe ContCnf of Iheir I....'ilimony. Th... lllcdi:llor can reljuin: Ihc pal'lics 1(1 delivcl' ",rillclI 11I:1li."l'i,lI'i ;llId illlnl-
IIMlioll IlcJ'O(i." lhc dill... of Ihe medi;ltion nlllfereoce,
Thc !IlcJi:l!ol pl-c~idjl)g <ll'er lhe confen;'llce;
;r Will imparliull} nlOdrrct ,Ill orderly SeUkllli."nl JlCg{1[i;lli(\ll
11, Will hc'lr the partics defiuc Ihe l1liltters in displllc (llld r~Hdl :1 1l1llILwlly :lgl-L'C<lbk ';OI(lfiplI
\\ljll 1I;II'e no authority to reJldel" un opinill1l. In hind 11lL' p,lI"lie~ {(ll1i~ 01' h,'f dcc~i~iOlIl, ur IP Inl'LL' IIIl' [1,lIli['" '" IC;lc'li 'I 'c'llkillc'll!
"'HI"flUlI rules of evidtmce Wi/lllot :lpply In the Illediation t~llnfel'ell('c.
7, Represcnlation by COllnsel Any patty who) imenJ.'i 10 he :1('ClIIlIIXlIlicd to 11lL' meJiillio!1 CiluJ'CI"Cun.' hy leg,t! L"Hln,'icl willlllllily Ih.: IIlcdial'" '11111111,
pI her p~rlies of the iml'llI al le;!.'it lell d:IY_'i bel"ore Ih~ l'onli:rcncL'.
S. CHulidt'nliaJity No ;L~rCL'1 or III.... m....diHlion L',llIlw Idi.;d IIpon <lr illtruJIIl'<'d <IS ['Iidelll'i." in ,lilY 'lI'hilr:tII'>II, [iIJil'lal 'II olllc'l f'l'(lc'cL'diI1C:. I Ii 1:-. IlIcldtk.'
hUI 'I.'i 11ll[ lill1ih:tllll, ,lilY ol,iniun,'i dr ,~lIgg':~lion, made hy 'Ill} pall} Ic'gllrt)',ng a pus,illl,: ,lcU)c!lIell!; ;IIlY iltlllli,"'OI>.'i Iild,k <11111111" 111[' <<>lIt-,,' ,,f illC IlIc'dl-
,dIOIl: Hil} pmrHl~,lh <lr' <lpinillll~ t",\prcs~cd by Ihe ll1.:uial"I'~ .Ind _lilY I'C~ptHL'i~" gll'i."11 1>)' <Ill) pany III "PIllIOIl,I. ,'i(lgg.:sIIOn.'i ,11 1'1"1""'11.,
Nil pl"iviJego.:' will h~' :In....:led by di.'id(l~llI'C~ ill.lde in 11lL' .'"ur~o;: (II' Ill<: ilwdialion
TI-,lll~.:ripL'i 01' I'C~'<ll'trlllg.'i ollh.. ll1l'di;(Ii,lIl ",ill nOI h,,; alllllVt'd willlllull!1e prill/"' wlillt'll CDllscnl 01 ,dlp_IIIIC,' ,1I1.1lh,' IIIL'tli;lhll
RCL'l1l"i1s. l"l:pol'l~. and olher dlx'umellls n:.:civ....J or prepar~d Ily Ihe I1lc(li;ttor 01" A(lmini.'ilr;lllll' L'anlHII In: ePlllpdl~d by ;III ,uhill;lli"ll, Illdi<.:lal, 'II' !'lh";l
pI'llCl~cdillg" wilh Ihe ~'xi.""rli(ln oJ;l1] ilgret'llIenl 111:11 W;IS I'cadled in rhc eoursc of medialioll :Iod siglwd by ,tlllhe P;ll"Ill','i
Neill Ie/" Ill<.' ll1l.'dlillOlllor (he Adlllini~lnlhrr L';In he ullllpeliL'illO Io;:.slil'y in any fWOl'c..:ding Il',!!arding 1I1(Prtll;IIIOII gil't:n <11- l'l'prc_'L"llliillolh 1lI:,do: cillwl ill
lhe L'ilUI'.'il' oflhe llIeJiillion or in ;uly o.:pntideillial eOlllllHUliL'aliiln
C/. Mediated Selfh.'lIll'nl When iI (Ii,put.: i~ Ic~()lvcd through Illcdi<lli(IJl. IhL" I1l~JiiIlOI' will jlullh.; L'lllll)lkto.: agrCC!lICnl in "'rilillg ;Ind all [1,1111,'\ \l'ill 'i~1I
Ihe ",rillen a~rL'el1lenl williin lell d;ry_~ of Ill.. L'oni."hl.'iion "f IhiC 1l1L'c!i:llion ,'olllcrc!1e.:. EvelY rt'i1.'illllabk dlol'f wil! hiC lIl;tik I" ~igll Ihc' wrillc'll .lgI'CL"!1\CIH
;tllho:endoflllL'o.:ollkrCIli."e.
Ill. .Judidlll jlfill.t'l'dings and IllInlunif)' Nr.olTllIll Till, AIIMI"'iLHllAr(J~"I'III; MWIAIIHl. TnH NATIONAL ASSOCIATION (JI: I<EM.lOI{.s", 1111
I'LNr>JSYLV,INIA A,~SO(L\T[(lN (l!' HEALTORSloQ. NO~ /\NY 1)1' Irs Mf,II-IJJUIIlOllflIlS, WiLl, Ill: I)Uo~U'P NFt'ESSAIlY (m fNI1ISI'[;NSAIJLr, I',-'\I/III:_S IN ,\'" 11'111'1\1
I'/WC!:U)!/"i'(;!; IlIOL\'I'ING TlJ MUlIA! ION (INt>Hl !'HE.SI' IWIES ,\N)) l'IH)CEDUIHiS, NOf/ WIL1. ANY fll IIILM Stf/VIN(; (Il'ilil)( TlaisE 1'!oII )('LOIII.[)'i ItE II,IW.I: 1<) .,",
PAIrI\' I-Oil "\NY '\{T. n,:/Wf/llIl (IMISSU!N IN CoNNECTION WITH ,\NY ,~fllVlCto O~ TilE OI'I'll,ll"ION (J~IIIJ: Ijll~lE SFI-Ir'lls/H(IMI' BII)"U~S I),WIII L 1<1" II I 111>.'1
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
ANGELA 1. BANKS,
Plaintiff
NO. 2004 - /,;}01
CIVIL TERM
JANICE K. McGRAW and
JEFFREY E. McGRAW,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AFFIDAVIT OF SERVICE BY CERTIFIED MAIL
MICHAEL 1. BANGS, being duly sworn according to law, deposes and says as follows:
L That he is the attorney for the Plaintiff herein.
2. That on March 24, 2004, a true and correct copy of the Complaint filed in the above-
captioned matter was delivered to the United States Postal Service in Camp Hill, Pennsylvania,
as certified mail (Receipt No. 7002 10000005 0082 0034) return receipt requested, addressed to
the Defendants herein.
3. That a return receipt card was received from the U.S. Postal Service signed by the
Defendants herein showing a date of service of March 29,2004. Said card is attached hereto as
Exhibit A.
/i1~bt~s
SWOf to and sub~cri~ed
:~fo meV' /(Jffi ~O
otary Pub c
SEAl.
WENDY S. CHeSBRO':1 PlMc
Lower AIen lWp. ClIIter CcllI1Iv
My Q.rwnllllol\ Eiii'iI May 10. 2001
EXHIBIT A
"
,.
. 102i1S-02-M-1501O
ANGELA 1. BANKS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
otr-/J..09
: NO. 2004 Civil Term
vs.
JANICE K. McGRAW
and JEFFREY E. McGRAW,
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
Defendants
NOTICE TO PLEAD
TO: ANGELA 1. BANKS, PLAINTIFF
You are hereby notified to file a written response to the (:ncIosed Answer with New
Matter within twenty (20) days from service hereof or a judgment may be entered against you.
SALZMANN, HUGHES, & FISHMAN, P.C.
James D. Hughes, Esquire
Supreme Court No. 58884
B~~~iJ. I '
Susann B. Morrison squire
Supreme Court No. 704 I
95 Alexander Spring Road, Suite 3
Carlisle, Pennsylvania 17013
(717) 249-6333
Attorney for Defendants
ANGELA 1. BANKS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2004 Civil Term
vs.
JANICE K. McGRAW
and JEFFREY E. McGRAW,
CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
Defendants
ANSWER WITH NEW MATTER
TO COMPLAINT
AND NOW this jqJl1 day of df.at ' 2004, comes Defendants Janice K.
McGraw and Jeffrey E. McGraw, through their attorneys SALZMANN, HUGHES &
FISHMAN, P.C., and respectfully file this Answer with New Matter to Plaintiff's Complaint
dated March 22, 2004 and in support thereof aver as follows:
I) To the best of Defendants' knowledge and belief, the averments off act contained
in Paragraph I of the Plaintiff's Complaint are admitted.
2) To the best of Defendants' knowledge and belief, the averments of fact contained
in Paragraph 2 of the Plaintiff's Complaint are admitted.
3) To the best of Defendants' knowledge and belief, the averments of fact contained
in Paragraph 3 of the Plaintiff's Complaint are admitted.
4) To the best of Defendants' knowledge and belief, the averments of fact contained
in Paragraph 4 of the Plaintiff's Complaint are admitted.
5) To the best of Defendants' knowledge and belief, the averments of fact contained
in Paragraph 5 of the Plaintiff's Complaint are admitted.
6) Defendants are without knowledge or information sufficient to form a belief as to
the truth of the averments contained in Paragraph 6, regarding information Plaintiff relied upon
in entering the Agreement of Sale, therefore they are specifically denied and strict proof thereof
is demanded at trial.
7) To the best of Defendants' knowledge and belief; the averments off act contained
in Paragraph 7 of the Plaintiffs Complaint are admitted.
8) After reasonable investigation, Defendants are without knowledge or information
sufficient to form a belief as to the truth of the averment contained in Paragraph 8 that Plaintiff
discovered serious extensive and material defects in the property. However, Defendants
specifically deny that the following conditions existed at the time the property was transferred to
Plaintiff:
A) significant water leaks in the roof;
B) extensive water seepage into the basement and first floor in various areas
at various locations;
C) leaking oil tanks; and
D) failure of the heat system to work properly.
9) The averments of fact contained in Paragraph 9 of the Plaintiff's Complaint
including any reference that the Defendants had taken steps to conceal water seepage by
repainting and recarpeting prior to listing the property for sale ar,e specifically denied and strict
proof thereof is demanded at trial.
10) The averments offact contained in Paragraph 10 of the Plaintiff's Complaint are
admitted in part and denied in part. To the best of Defendants' knowledge and belief, it is
admitted that Defendants suggested that the basement was used as a living area. The remaining
averments in Paragraph 10 of the Plaintiffs Complaint, including any inference that there was no
dehumidifier present are specifically denied and strict proof thereof demanded at trial.
II) The averments of fact contained in Paragraph II of the Plaintiff's Complaint are
admitted in part and denied in part. To the best of Defendants' knowledge and belief, it is
admitted that Defendants were made aware by Plaintiff that she intended to use the basement for
a living area. The remaining averment in Paragraph II of the Plaintiffs Complaint, including
any inference that Defendants were made aware that her use of the basement for a living area
was the primary reason for Plaintiff purchasing the property is specifically denied and strict
proof thereof demanded at trial.
12) The averment of fact contained in Paragraph II of the Plaintiff's Complaint
including any inference that the Defendants had engaged in extensive water control efforts by
bringing in loads of fill for the purpose of diverting water away, is specifically denied and strict
proof thereof demanded at trial.
13) The averments of fact contained in Paragraph 13 of the Plaintiffs Complaint
including any inference that the Defendants actively concealed water problems by: covering up
waterstained areas with paint; placing new carpet in the basement to hide evidence of water;
putting paint and other covering in the areas where the roof leaked; and arranging their furniture
in such a manner to suggest the basement was waterproof are specifically denied and strict proof
thereof demanded at trial.
14) After reasonable investigation, answering Defendants are without knowledge or
information sufficient to form a be!iefas to the truth of the averments contained in Paragraph 14,
therefore they are specifically denied and strict proof thereof is d'~manded at trial.
15) After reasonable investigation, answering Defend:mts are without knowledge or
information sufficient to form a belief as to the truth of the avemlents contained in Paragraph 15,
therefore they are specifically denied and strict proof thereof is demanded at trail.
COUNT I
BREACH OF CONTRACT
16) Defendants' answers to Paragraphs I through 15 are made a part hereof and
incorporated herein by reference.
17) The averments off act contained in Paragraph 17 of the Plaintiffs Complaint is a
conclusion of law to which no response is required. To the extent that a response is required, the
averment, including any inference that Defendants failed to disclose all material defects in the
property is specifically denied and strict proof thereof is demanded at trial.
18) The averments of fact contained in Paragraph 18 of the Plaintiff s Complaint is a
conclusion of law to which no response is required. To the extent that a response is required, the
averment, including any inference that Defendants failed to deliver the property in the condition
in which they represented it to be at the time the parties signed the Agreement of Sale is
specifically denied and strict proof thereof is demanded at trial.
19) After reasonable investigation, Defendants are without knowledge or information
sufficient to form a belief as to the truth of the averments contained in Paragraph 19, therefore
they are specifically denied and strict proofthereof is demanded at trial.
WHEREFORE, Defendants, Janice K. McGraw and Jeffrey E. McGraw, respectfully
request this Honorable Court to enter judgment in their favor and against Plaintiff in this matter,
together with reasonable costs and attorneys fees and such other and further relief that this Court
deems fair and just.
COUNT II
MISREPRESENT A nON
20) Defendants' answers to Paragraphs I through 19 are made a part hereof and
incorporated herein by reference.
21) The averments of fact contained in Paragraph 21 of the Plaintiffs Complaint,
including any inference that Defendants misrepresented the condition of the property by failing
to disclose problems with the roof; water problems in the basement and first floor; and problems
with the heating system are specifically denied and strict proof thereof is demanded at trial and
specifically deny actively concealing any problems from PlaintiJJ.
22) The averments of fact contained in Paragraph 22 of Plaintiff's Complaint,
including any inference that Defendants failed to disclose or actively concealed water problems
to Plaintiff are specifically denied and strict proof thereof is demanded at trial. Additionally,
Defendants specifically deny knowledge of leakage at the roof and problems with the heating
system at the time the parties signed the Agreement of Sale.
23) The averments offact contained in Paragraph 23 of the Plaintiffs Complaint,
including any inference that Defendants misrepresented the condition of the property by falsely
and fraudulently completing the Seller's Property Disclosure Statement are specifically denied
and strict proof thereof is demanded at trial.
24) The averments off act contained in Paragraph 24 of the Plaintiff's Complaint are
conclusions oflaw to which no response is required. To the extent an answer is required,
Defendants are without knowledge or information sufficient to form a belief as to the truth of the
averments contained in Paragraph 24, therefore they are specifkally denied and strict proof
thereof is demanded at trial.
25) The averment off act contained in Paragraph 25 of the Plaintiff's Complaint,
including any inference that Defendants mislead Plaintiff by misrepresenting the condition of the
property is specifically denied and strict proof thereof is demanded at trial.
26) Defendants are without knowledge or information sufficient to form a belief as to
the truth of the averment contained in Paragraph 26, as to what information Plaintiff relied upon
in purchasing the property, therefore it is specifically denied and strict proof thereof is demanded
at trial. Additional, Defendants specifically deny misrepresenting and actively concealing any
damage to the property.
27) The averments of fact contained in Paragraph 27 ofthe Plaintiff's Complaint,
including any inference that Defendants actively concealed the condition of the property so that
they could misrepresent its condition for sale are specifically denied and strict proof thereof is
demanded at trial.
28) After reasonable investigation, Defendants are without knowledge or information
sufficient to form a belief as to the truth of the averments contained in Paragraph 29, therefore
they are specifically denied and strict proof thereof is demanded at trial.
WHEREFORE, Defendants, Janice K. McGraw and Jeffrey E. McGraw, respectfully
request this Honorable Court to enter judgment in their favor and against Plaintiff in this matter,
together with reasonable costs and attorneys fees and such other and further reliefthat this Court
deems fair and just
NEW MATTER
29) Defendants' answers to Paragraphs I through 28 are made a part hereof and
incorporated herein by reference.
30) Defendants did not take any steps to conceal water damage prior to listing their
property for sale by repainting the sunroom and basement. To the best of Defendants'
knowledge and belief, the sunroom had not been repainted sinct: 1994 and the basement had not
been repainted since 1998.
31) Defendants did not take any steps to conceal water damage prior to listing their
property for sale by recarpeting the basement. To the best of Ddendants' knowledge and belief,
the basement had not been recarpeted since 1996.
32) Defendants did not engage in extensive water control efforts by bringing loads of
fill to divert water away. To the contrary, Defendants did make several landscaping
improvements on their property including removing a basketball court and trees after which
topsoil was brought in to replace those areas in 1994 and 1996 r,espectively. Additionally, due to
the drought situation in 1999, Defendants replaced the grass in their front yard with fresh topsoil
and newly planted seed. Defendants also laid mulch on all flower, shrub and tree beds on a few
occasions. None of the aforementioned landscaping improvements were attempts to divert water
from the property.
33) A dehumidifier was present in the basement, including the time ofthe home
inspection in January 2003. While Plaintiff and the home inspe(:tor were looking at the furnace,
Defendant Jeffrey E. McGraw asked Plaintiff if she was interested in purchasing the
dehumidifier that was directly in front of the furnace. Plaintiff declined to purchase the
dehumidifier at that time. Defendant Jeffrey E. McGraw explained that they ran the
dehumidifier only in the summer months.
34) At the time of the home inspection of Defendants' property, Defendants informed
Plaintiff and the home inspector of a single incident of water in the basement in 1996.
Defendants explained that due to the heavy snow and rain stomlS and subsequent freezing
temperatures, the drain outside the basement door froze and water came under the door into the
basement. Defendants further explained to Plaintiff and the Inspector that the carpet was
replaced at that time due to the water damage but there had not been any water in the basement
from outside the house of the prior to that storm and no water in the basement subsequent to that
storm from outside the house.
35) To the best of Defendants' knowledge and belief~ in 1984 shortly after purchasing
the property, water leaked from the downstairs shower to the tile in the basement. Defendants
promptly replaced the shower and repainted the tile in the basement. Since 1984, there have
been no further incidents of leakage from the downstairs shower to the basement.
36) To the best of Defendants' knowledge and belief~ water leaked from the broken
dishwasher to the ceiling tiles in the basement in 1999. Defendlmts promptly repaired the
dishwasher and repainted the stain on the ceiling tile in the basement. Since 1999, there have
been no further incidents of water leakage from the dishwasher to the basement.
37) Pursuant to the Real Estate Seller Disclosure Law regarding Non-liability of
Seller, 68 P.S. S 7309, a seller is not liable for any error, inaccuracy or omission of information
on the Seller Disclosure Form ifit was based on a reasonable belief that a material defect or
other matter not disclosed had been corrected.
38) Defendants contend that all three situations in which water leakage occurred
described in Paragraphs 33, 35 and 36 were isolated incidents wherein the problem had been
corrected and no subsequent leakage occurred.
39) The Agreement of Sale entered into on January 22,2003, and as attached as
Exhibit "B" to Plaintiffs Complaint, contains a release provision in Paragraph 25 whereby the
Buyer releases Sellers from any and all claims regarding defects or conditions on the property.
After electing to have an inspection done on the property, and after being informed of the water
situation in the basement in 1996, Plaintiff accepted the property and agreed to the release in
accordance with the property inspection contingency in Paragraph 8 of the Agreement of Sale.
40) The Seller's Property Disclosure Statement sigm:d by Defendants on January 4,
2003, and as attached as Exhibit "A" to Plaintiffs complaint, specifically provides that the
Seller's Disclosure Statement is not a warranty of any kind.
41) On May 29, 2003, the day before settlement, Plaintiff conducted a Pre-Settlement
Walk-Through Inspection of the property. The Pre-Settlement Walk-Through Inspection form
that Plaintiff signed, a copy of which is attached hereto as Exhibit "A," and incorporated herein
by this reference, contains the following: "The following items were noted as NOT being in
satisfactory condition but were accepted in "AS IS" condition. (Indicate if "NONE".) The
Buyer( s) have received copies of all required certifications and inspections and understand that
non warranties are included unless specifically indicated on the written report. All terms and
conditions in the Agreement of Sale have been satisfactorily melt." After which is handwritten,
"None."
42) The Pre-Settlement Walk-Through Inspection form also states that "Buyer(s)
warrants that they are not relying upon any representation made by Seller, Agent or Broker, and
hereby releases, quit claims, and forever discharges, Seller( s), Seller( s)' Agents, Subagents,
employees, and any officer or partner or anyone of them and any other person, firm, or
corporation, who may be liable by or through them, from any and all claims, losses, or demands,
including personal injuries, and all of the consequences thereof, where now known or not, which
may arise due to the condition of the subject property."
WHEREFORE, Defendants, Janice K. McGraw and Jeffrey E. McGraw, respectfully
request this Honorable Court to enter judgment in their favor and against Plaintiff in this matter,
together with reasonable costs and attorneys fees and such other and further reliefthat this Court
deems fair and just.
Respectfully Submitted,
SALZMANN, HUGHES, & FISHMAN, P.C.
James D. Hughes, Esquire
Supreme Court No. 58884
BY:~{
Susann B. Morrison, E quire
Supreme Court No. 7 41
"
95 Alexander Spring Road, Suite 3
Carlisle, Pennsylvania 17013
(717) 249-6333
Attorney for Defendants
smorrison/mcgraw/answer to complaint
VERIFICATION
We, JANICE K. McGRAW and JEFFREY E. McGRAW, verify that the statements made
in the foregoing Answer with New Matter to Complaint are troll and correct. I understand that
fulse statements herein are made subject to the penalties of Title 18 Pa. C.S. Section 4904
relating to unsworn fulsification to authorities.
Date: ~ ~/ JIM cj
r ~ cxt~
JANICE K. McGRAW
Date: ~ / f<, J((}'6 Lj
, 'In:~
Y E. McGRAW
PRE-SETTLEMENT WALK-THROUl3H INSPECTION
This form recommended and approved for, but not restricted to, USE! by members of the Greater Harrisburg
Association of REALTORS';'. . . blO() 3
DATE OF SALES AGREEMENT:JAN' U ,tJ,/Z"f :Jl. , ~_ .
RE: PROPERTY: k/S /-tl/L1DP AoAb, Oo/l_-/fUG-SPRfNf.-:""S fit /1tJl'j.
SELLER(S):0EfFfZ-Sf ~_JANICf tlc.G<<AW BUYER(S): AlVt~UI L, iJI/;rJ/(s
The undersigned Buyer(s) have com:3letelY inspected the above-captioned property on
fJ/}({ J~ ' ~, accompanied by:JAm r fft6G and have determined
to their satisfaction hat the property was in substantially the same condition as it was at the time of execution
of the Agreement of Sale.
The Buyer(s) acknowledge that all non-real estate extras as outlined in the Agreement of Sale were on the
premises at the time of inspection and all fixtures were in place and functioning.
The following items were noted as NOT being in satisfactory condition but were accepted in "AS IS" condition.
(Indicate if "NONE".) The Buyer(s) have received copies of all required certifications and inspections and under-
stand that non warranties are included unless specifically indicat,ed on the written report. All terms and
conditions in the Agreement of Sale have been satisfactorily met. I~ U N (.
The following items were noted as NOT being in satisfactory condition and NOT ACCEPTED by Buyer(s).
Agreement for resolution is as follows:
In the case of an FHA insured or VA guaranteed purchase, this certification shall neither supersede nor supplant
the requisite pre-settlement inspection certification but shall supplement same.
Buyer(s) warrants that they are not relying upon any representation made by Seller, Agent or Broker, and hereby
releases, quit claims, and forever discharges, Seller(s), Seller(s)' Agents, Subagents, employees, and any officer
or partner or anyone of them and any other person, firm, or corporation, who may be liable by or through
them, from any and all claims, I sse!j, demands, including personal injuries, and all of the consequences
thereof, e e now k o:vn or n t, . ma ari due to the co~~n of (the SUbj~rloperty.
~ .~~ eY 5-~~,
Buyer: Date:
theres~lts of Buyer(sl)m;pection and agree to exceptions or resolutions
. r:/;/
'\ Seller: ,~ '-Il-u-~ Date: :F ,j 0, 05
seller:{ ~.tlJM..~L,)(~~(ih ,;lA../J- Date: 5- 3CJ -0.3
INSPECT N WAIVER
[Complete this section ONLY if inspection is wiaived by the Buyer(s)]
I (We), the undersigned Buyer(s) of the above captioned property, have been advised of our right to a pre-
settlement inspection. We hereby decline and waive our right to such inspection and the benefits thereof and
he~eby release, quit claim, and forever discharge, Seller(s), Seller(s)' Agents, Subagents, employees, and any
officer or partner or anyone of them and any other person, firm, or corporation, who may be liable by or through
them, from any and all claims, losses, or demands, including personal injuries, and all of the consquences
thereof, where now known or not, which may arise due to the condition of the subject property.
Witness: Buyer: Date: _______
Seller(s) have been advise
noted herein.
Witness:
. .~''\~.....
Witness: ' ~
Witness:
Buyer: _
Date: ____..._
no.,". ~""~."'''To''O, .",. . ".~",..".o. P.. "'ll "'_17"
PSW 2/92
EXHIBIT "A"
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ANGELA BANKS ANSWER TO NEW MATTER IDISK 74
vs.
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
ANGELA L. BANKS,
Plaintiff
NO. 2004-1209 CIVIL TERM
JANICE K. McGRAW and
JEFFREY E. McGRAW,
Defendants
CIVIL ACTION - LAW
JURY TR[AL DEMANDED
PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER
29. No answer required.
30. Denied. After reasonable investigation Plaintiff is without knowledge sufficient to
form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is
demanded at the trial of this case.
31. Denied. After reasonable investigation Plaintiff is without knowledge sufficient to
form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is
demanded at the trial of this case.
32. Denied. After reasonable investigation Plaintiff is without knowledge sufficient to
form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is
demanded at the trial of this case.
33. Denied. It is specifically denied that Plaintiff and the home inspector had any
discussion with Defendant Jeffrey E. McGraw concerning the purchasing ofthe dehumidifier.
Plaintiff was not aware that Defendants had a dehumidifier arld there was no conversation
concerning the purchase of the dehumidifier. If the dehumidifier was present, it was somewhere
in storage. The rest ofthe averment is denied and strict proof thereof is demanded at the trial of
this case.
1
ANGELA BANKS ANSWER TO NEW MATtER I DISK 74
34. Denied. Defendants never informed Plaintiff that there was a incident of water
infiltration in the basement due to heavy snow and rain storms and subsequent freezing
temperatures. On the contrary, Defendants indicated to Plaintiff on one occasion that the drain
outside the basement door was clogged from debris and as a result, some minimal water came in
the door. Plaintiff further denies any other statement contained in the averment and strict proof
thereof is demanded at the trial ofthis case.
35. Denied. After reasonable investigation Plaintiff is without knowledge sufficient to
form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is
demanded at the trial ofthis case.
36. Denied. After reasonable investigation Plaintiff is without knowledge sufficient to
form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is
demanded at the trial ofthis case.
37. Denied. Paragraph 37 is a legal conclusion to which no answer is required. To the
extent an answer is required, it is specifically denied and strict proof thereof is demanded at the
trial of this case.
38. Denied. After reasonable investigation Plaintiff is without knowledge sufficient to
form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is
demanded at the trial of this case.
39. Denied. Paragraph 39 is a legal conclusion to which no answer is required. To the
extent an answer is required it is denied. Furthermore, Defendants never disclosed on the
Property Disclosure Statement any of the alleged incidents that they refer to in this New Matter
as required to do so.
2
ANGELA BANKS ANSWER TO NEW MAlTER/DISK 74
40. Denied. Paragraph 40 is a legal conclusion to whi,;h no answer is required. To the
extent an answer is required, it is denied.
41. Admitted in part and denied in part. It is admitted that a pre-settlement walk-through
inspection occurred on the property. The rest of the averment is denied if it is meant that the pre-
settlement walk-through somehow absolves Defendants from .my responsibilities hereunder. To
the extent that the averment is meant for that purpose, it is specifically denied. Plaintiff s
allegations in her Complaint are incorporated herein by reference.
42. Admitted in part and denied in part. It is admitted that the pre-settlement work-
through inspection form has various statements contained therein. The rest of the averment is
denied to the extent that the averment is meant to suggest that the pre-settlement walk-through
inspection form provides any defense to Defendants' misrepn:sentations. To the extent that the
averment is meant in that way, it is denied.
WHEREFORE, Plaintiff requests this Honorable Court to find against Defendants and
in favor of Plaintiff in accordance with her Complaint in an amount in excess of $35,000.00.
y~1
MICHAEL L. BANGS
Attorney for Plaintiff
429 South 18th Street
Camp Hill, P A 17011
(717) 730-7310
Supreme Court ID #41263
3
VERIFICATION
I hereby verifY that the statements made in the foregoing ANSWER TO NEW MATTER
are true and correct. 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.
Date: c::h-1.6-C4:-
~~z{~~
ANGE L. BANKS'
ANGELA BANKS ANSWER TO NEWMATTERIDISK 74
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have this day served the foregoing ANSWER TO NEW
MATTER by depositing a copy of same in the United States mail, postage prepaid, at Camp Hill,
Pennsylvania, addressed to the following:
Susarm B. Morrison, Esquire
Salzmarm, Hughes & Fishman
95 Alexander Spring Road, Suite 3
Carlisle, PA 17013
DATE: 1-/~o+
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MICHAEL L. BANGS, ESQUIRE
J.D. No. 41263
429 South 18th Street, Camp Hill, P A 17011
(717) 730-7310
ANGELA L. BANKS, )
Plaintiff )
)
vs. )
)
JANICE K. McGRA Wand )
JEFFREY E. McGRAW, )
Derendants )
ATTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2004-1209 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above-referenced matter settled, discontinued and ended.
,'~
MICHAEL L. BANGS
Attorney for Plaintiff
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
Date: February 12,2007
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