HomeMy WebLinkAbout09-1095MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF
I.D. #41263
429 SOUTH 18TH STREET
CAMP HILL, PA 17011
(717) 730-7310
JeLo ENTERPRISES, LLC ) IN THE COURT OF COMMON PLEAS
Plaintiff ) OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs. )
CIVIL ACTION - EQUITY
RICHARD D. CRIDER and )
DONNA CRIDER, ) NO. D4 - 1045 0,ty i 1 (er'rn
Defendants )
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money claimed in the Complaint or for
any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
MICHAEL L. BANGS, ESQUIRE
I.D. #41263
429 SOUTH 18TH STREET
CAMP HILL, PA 17011
(717) 730-7310
ATTORNEY FOR PLAINTIFF
JeLo ENTERPRISES, LLC )
Plaintiff )
vs. )
RICHARD D. CRIDER and )
DONNA CRIDER, )
Defendants )
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - EQUITY
NO. O q- ib rtS el T ?-
COMPLAINT
AND NOW comes the Plaintiff, JeLo Enterprises, LLC, by and through its counsel,
Michael L. Bangs, Esquire, and files this Complaint in Equity against the Defendants as follows:
1. Plaintiff, JeLo Enterprises, LLC, ("JeLo') is a Pennsylvania limited liability company
with its principal place of business at 5263 Terrace Road, Mechanicsburg, Cumberland County,
Pennsylvania.
2. Defendants Richard D. Crider and Donna Crider ("Criders") are adult individuals who
are husband and wife and reside at 47 Fleisher Road, Marysville, Perry County, Pennsylvania.
3. On or about June 12, 2008, JeLo entered into an Agreement of Sale ("Agreement of
Sale") with the Criders in which JeLo would purchase from the Criders a parcel of commercial
real estate located at 555 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania
(`Property"). Attached hereto and marked as Exhibit A is a true and correct copy of the
Agreement of Sale.
4. The Agreement of Sale provided that settlement on the Property was to occur no later
than August 15, 2008.
1
5. Pursuant to the Agreement of Sale, JeLo made a $10,000.00 deposit to Team Costello
Realty, specifically agent Pete A. Gerula, at 6375 Mercury Drive, Mechanicsburg, Cumberland
County, Pennsylvania.
6. The Criders failed to settle on the Property because of their inability to provide clear
title to JeLo on or before August 15, 2008, the settlement date.
7. JeLo and the Criders never extended the Agreement of Sale in writing.
8. JeLo requested that the real estate agent, Pete A. Gerula, return its deposit.
9. Pursuant to Paragraph 20 of the Agreement of Sale, and in accordance with the rules
and regulations of the State Real Estate Commission, the agent is only entitled to send the funds
back to JeLo provided both parties sign a release of those funds.
10. The Criders have refused, despite repeated requests, to return those funds.
11. The Criders were and continue to be in bankruptcy at the time of entering into the
Agreement of Sale with JeLo and currently remain in bankruptcy.
12. JeLo obtained an Automatic Stay to pursue the return of these funds in state court.
Attached hereto and marked as Exhibit B is a true and correct copy of the Automatic Stay.
13. JeLo is precluded from pursuing an action for monetary damages against the Criders
since they are in bankruptcy.
14. The $10,000.00 deposit remains, as of the date of the filing of this Complaint, in the
escrow account of Criders' realtor.
15. The Criders have no legal basis for refusing to sign the release with the realtor and
those deposit funds rightly belong to JeLo.
16. The only way that the real estate agent will release the funds is if this Court will
order and direct them to release those funds to JeLo.
2
17. The refusal by Criders of multiple legitimate requests by JeLo to sign a release so
that those funds can be returned to JeLo is outrageous and without any legal authority which has
caused JeLo to incur unnecessary legal fees and costs in pursuing these funds.
WHEREFORE, JeLo requests this Honorable Court to order and direct the following:
A. Direct that the realtor, Pete A. Gerula, to release the deposit monies
belonging to JeLo immediately;
B. Direct that the Criders pay the reasonable attorney's fees and costs
incurred by JeLo; and
C. Such other relief as the Court deems appropriate.
Respectfully submitted,
1
MICHAEL L. BANGS
Attorney for Plaintiff
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
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.
JeLo ENTERPRISES, LLC
Date• G??-?- l? .
LORRAINE R. FLEMING, Co-Manager
FF . FLE ING, Co- ager
4
EXHIBIT A
C. L!; ' F. Z i 4
AGREEMM, NT FOR THE SALE Or' COMMCUL REAL ESTATE- A/S-C
This Rumrccommendedand appmred for lmf notershicted to irw bm Ihemembus of0tellomsytr+nla AesacMaa arRULTOMS (PAIL).
SELLER'S BUMMS RELATIONSM WITH PA LICENSED BROKER
BROKER(CompAUY) team Coatello x8alty PHl7NE (717)591-43.0_0
AY UM" 6575 MatMW M14M. LfteaniaalyM, Pa, 17050 PAIL (711) 591-7272
I.UMMUM Det6 "rule '
nesigaated Agent? Q Yes (]No
BROKER 13 THE AGENT FOR SELLER. Ott (if checked bdow):
Broker h MOT tbeApmt for Seller 2nd is a/an: 0 AGENTFOR IRYrM C 31 AMAMOW LIC WSEF
1BUYE1i'813USINESS RELATIONSHIP WITH PA LICE NSIM Blt01MR
MOIL M (CO1aD4Ay) TOM C06t703-10 ftalky PHONE (717) 591-4300
ADM= 6379 ma*c+*y Drive, Mechanimbara, tea. 17050 FAIL (717) 891-7278
LICIMEB(s) Deter 6eMUL T DcsisnatedAgent? [-] Yu ? No
ARROMM 1S THE AGEM FOR BUYER. OR (Irebcked below):
Broker IsWOT theAgent for Rayer and Is Nan: ? AGRN f FOR SELLER l] SUBAGENT FOR 9i$LUR ? TRAhlS&MONI LYC? IV - E
Whoa (Ito ewtre Drakcr is Agent for Seller are Agent ibr Buyer, Omker Is a !heal Agent. All of !!Poker's Iletnew an afro Dual hunts X.tANLM
there are separate Beelgaated Aphis for Boyer and SCUM Yrthe same Ydcmee h destnoted for idler erne Buyer, Ste uemste is a Dual A'ant.
1 IL THIS AGREEMENT, dated ,Tans 12, 2000 is boys elm
2 STLLER(S): Richard a Crider, Dons, M QrA (U
3 , called "Seller," and
4 BUM(8):JeL-n__Snterpri.eee L. 34.-C.
5 , called "Buyer."
6 2. >PUMRTY, Heller hereby agrees to sell and convey to Buyer, whe hereby Aortas fe parchaso:
7 ALL THAT CIERTAIN lot or piece of ground with buildings Azad Improvements thereon erected, if nay, !mown a3: 555 A5),gl-r
a Ave. Lenusyne, Pa. 17043
9 fe th0 BQr311S11 of Leausvrrs County of Cnrabereland
10 Commonweahh of]Peansylvsnin. Tdenttikation (e.g., Tax l D Ilk Pared Le ? Deed Nook, ftzv, Recording Date) 12210265
11 211
12 ,3. TERMS (10-06) ?,. of (p§° via
13 (A) PurcbaselPrlce
IT,13, Dollars,
14 which will be poi to Seller by ]Bayer as folbwa:
MT&
13 1. CoA or check at signing this Agreement g 10.Ot).0 4(l
16 2. Cash or check within days of the execution of this Agreement. - $
18 4. S O lr7
19 5. Cash or cashiers check at time of settlement: -- -- „$
20 TOTAL S - -4-.-AO
21 03) Deposits paid by Buyer within 3( DAYS ofsettlement will be by cash or cashices check. Deposits, regardless of the form of payment
22 and the person designated as payee, will be paid in U.S. Dollars to Broker for Seller (unless otherwise stated !rare),
23
24 who will retain deposits in an escrow account until consummation or termination of this Agreement In coMermf y with all applicable
2S laws and noUi(ons. Any check tendered as deposit monies may be held unembed peoding the acceptance of this Agreement.
26 (C) Seller's written approval on or belbre: Jukm 16, 2008
27 (D) ScttIcuicatto be naAuauat 15, 2008 , or before if Brayer and Seller agree.
29- (E) Conveyance ft m Seller will he by fee simple deed of special warranty unless otherwise stated here; .
29
30 (P) Payment of transfer taxcswill be divMcd equally between Buyer and Seller unless otherwise stated here:
31
32 (0) At time ofS011 menu the following will be adjusted pro-rata on a daily basis between Buyer and Sella, reimbursing where applicable:
33 tw= (seaNoticos and Information licgardtng!seer!!seta o Tarts); ma; Interest on mamma assumptions; eoodominium fees, if any,
34 water and/or sewer fees, if any; together welsh. any otter !tenable munio4A smv]ce. All charges will be pro-rated for the period(s)
35 oovered: Seller will pity up to and including the date of settlement and. Buyer will pay far all days following settlement, unless
36 otherwise stated here
37 (ll) Buyer will reimburse Seller for the actual coats of any remaining heating, cooking or other Fuels stored on the Property at the time of
38 Settlement. unless othe wlse stated hem
39
40
41 Buyer Initials: f- ,Pr, A&C )page 1 of 7 Seller imtists:
v Revised 10106
Pennsylvaoia Association of REALTORS* COP'YftYOff?M9VlLVANLAASSOCIATION of+RULTOnS*2o06
14106
Ph (717) 3591- 77-0 Fox, i (1()t1Vl,01-7 . PA 717030
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42 4. P'IlCT17RES AND I'1EIISONAI. PROPERTY (i-00)-
43 (A) 119CLUDED in ibis We are all existing items permanently installed in the
44 equipment; lighting fixtures (including chsmdefiets atlQ its fans;
45 Also included: window treatnt?*s 7 ar l2 !!P9 +loj
46
47 (B) LEASED items (not owned by Soller):
48
49
yl ,, 1h?i. 'C
of lieu, including ptumbing;, heating;14V'AC
tent systems, unless otherwise stated below.
50 (C) EsXCLUDBD fixtures and items:
51
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53 5.
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POSSESSION (5-01)
(A) Possession is to be delivered by decd, keys and:
1. Physical possession to vacant Property free; of debris, with all structures broom clean, at day and time of settlement unless
otherwise stated here: ft?gU to be vacant and frdo of obxis b OB
AND/OR
2. Assignment of existing lease(s), togctber With any security deposits and interest, at day and time of settlement, if Property is leased
at the execution of this Agreement, unless otherwise specified here:
(B) Buyer will acknowledge existing lease(s) by initialing the lease(s) at the execution of this Agreement, unless otherwise specified.
(C) Seller will not enttx into any new leases, extensions of Wsting leases, or additional leases for the Property without the written consent of Buyer.
DATESIT1ti E IS OF Tffg ESSENCE (9-055)
(A) 1lie settlement date and ell other dates and times referred to for the performance of any of the obligations of this Agreement are of the
essence and are binding.
(13) Vor the purposta of this Agreement, the number of days will be counted from the data: of cxccation? excluding the day this Agreement
was executed and including the last day of the time period. The Execution Date of this Agr+eempat is the date when Buyer and Seller
have indicated foil acceptance ofthis Agreement by signing and/or initialing it. All changes to ibis Agreement should be initialed and dated.
(C) The settlement date is not cxlxw", by any other provision of this Agreement and may only be axtended by written agreernetit of the parties.
(D) Ccttain time periods are pre-printed In this Agreement as a eonvenienco to the Buyer and Seller. All pre-printed time periods ant
negotiable and may be changed by striking out the pre-printed text and inserting it different time period acceptable to ell parties.
FINANCING CONTINGENCY (10-06)
p WAIVED. This sale is NOT contingent on financing, although Buyer may still obtain "fins eing_
® M EC'1'I D. D
(A) This sale is contingent _u?btaitting financing as follows: G-?
1. Amount of loan S is'QU?? C1 1 MCK)
2. Minirmun Term 15 years
3. Type of loan ?gBltgntionEl
4. Buyer agrees to accept the interest rate as may be committed by the lender, not to exceed a maximum interest rate of 7.000
(8) Within days (10 if not specified) $bm the Execution Tate of this Agreement Buyer will make a completed, written application
for the timncing terms stated above to a responsible lender(s) of Buyer's choice. )Broker for Buyer, if any, otherwbe Broker for
Seller, Is Authorized to eommunleate with the leuder(s) to nsaist in the finsncing {traces,
(C) Should Buyer furnish Also or Incomplete Informstion to Seller, Broker(s), or the lender(s) toueenaing Buyer's legal or financial
status, or fail to cooperate In good faith In prorressing the tlnnneing application, which malts in the lender(s) refusing to
approve s finsucbrg commitment, Buyer will be in default of this Agreement,
(D) 1. Upon receipt of a financing commitment Buyer will pminptiy doiive r a copy of the commitment to Seller.
2. Financing commitment date July 31, 2008..
Unless otherwise agreed to in writing by Buyer and Seller, if a written commitment is not received by Seller by the above datef,bis
Agreement will be MD. with all deposit manes returned to Buyer according to the terms of paragraph 20. Buyer will be
responsible for any premiums for mechanics' licit insurance and/or title search, or fee for cancellation of same, if any; AND)IOR
any premiums far flood insurance and/or fire insurance with extended coverage, insurance binder charges or ameellation fee, if
any; ANDJOR any appraisal fees and charges paid in advance to lender.
STATUS OF WATER (5-01)
Seller mprssents that Property is served by:
® Public wacar
On-site water
? CommunityWater
? None
Seller warrants that the system(s) are folly paid for as of the Execution Date of this Agreement.
8.
A.7S-C Pagexof1 Seller Inlttals: .F,1
Revised 10106 Z*b
104 Buyer Initials:
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105 9. STATUS OF SEWER (5-01)
106 Seller represents that Property is served by;
107 M Public Sewer
108 ? Community Sewage Disposal System
109 ? Off-Property Sewage Disposal System
110 ? Individual On-Lot Smvago Disposal System (See Sewage Notice 1)
111 ? Individual On--Lot Sewage Disposal System in Proximity to Well (See Sewage Notice 1; sec Sewage Notice 4, it applicable)
112 ? Ten-acre Permit Exemption (see Sewage Notice 2)
113 ? Holding Tank (Sec Sewage Notice 3)
114 ? None (See Sewoge Notice 1)
115 ? None, AvailableJPeamit Lhnitations in Mot (See Sewage Notice $ or Sewage Notice 6, as applicable)
116 ?
117 Seller warrants that the system(s) are fatly paid fbr as of the Execution Date of this Agreement.
118 10, ZONING MASSIT•ICATION (5-01)
119 Failure of this Agreement to contain the zoning classification (except in cases where the property (and each parcel (hemot if subdividabte)
120 is zoned solely or primarily to permit singlafamily dwellirigs) will render this Agreement voidable at the option of the Buyer, and, if
121 voided, any deposits tendered by the Buyer will be returned to the Buyer without any requirement for court action.
122 Zoning Ctassitleatioir: g n Rasiden# al W Cori nee Pe
123 11, ZONING CONTINGENCY (10-06)
124 ? WAIVED.
125 ® ELECTED. Contingency Period: 30 days (15 if not specified) from the Execution Date of this Agreement
126 (A) Within the Contingency Period, Buyer, at Buyer's expense, may verify that Buye's proposed use of the Property asD*aj2ra11
127 Bueirtess and related Business Wasehouee is permitted under the current Zoning classification for the Property and
128 is not prohibited by any other governmental lend use restrictions.
129 (B) Ifftyer's proposed use of the Property is not pcmritlcdr Buyer will, within the Contingency Period, notify Seller in wtiting that the
130 proposed use of the Property is not permitted, and Buyer will
131 ® Option 1.
132 1 _ Accept the Property and agree to the RELEASE in paragraph 25 of this Agreement, OR
133 2. Terminate the Agreement of Sale by written notice to Seiler, with all deposit monies returned to Buyer according to the, terms
134 of paragraph 20 of this Agreement, OR
135 3. Enter into a mutually acceptable written agreei=t with Set ler.
136 If Buyer and Seller do not reach a written agreement dining the Contingency Period and Buyer does not terminate
137 the Agreement of Sale by written notice to Seller within that time, Buyer will •aecopt the Property and agree to the
138 RELEASE in paragraph 25 of this Agreement.
139 ? Option 2.
140 1, Within the Contingency Period, Buyer will make a formal written application for zoning approval, variance„ non-
141 confonning use, or special exception from (municipality) to use the
142 Property as (proposed use). Buyer will pay for applications, legal
143 representation, and any other costs associated with the application and approval process.
144 2. If the municipality requires the application to be signed by the current owner, Seller agrees to do so.
145 3. If final, unappeolable approval 1s not obtained by , Buyer will:
146 A? Accept the Property with the currant zoning and agrec to the RELEASE in paragraph 25 of this Agretmem OR
147 B) Terminate. the Agreement of Sale by written notice to Seller, wide all deposit monies returned to Bayer accorditg to the
148 terms of paragraph 20 of this Agreement, OR
149 (C) Enter Into a mortally acceptable written agreement with Seller,
150 If Buyer and Seller do not reach it written agreement before the time for obtaining final approval, and Buyer
151 does not terminate the Agreement of Sale by written notice to Seller withim that time, Buyer will accept the
152 Property and agree to the teams of the RIM EASE in paragraph 25 of this Agreement.
153 12, PROPERTY ]DEFECTS D1SCLOSIIRG (10-01)
154 (A) Seller represents and warrants that Seller has no knowledge except as noted in tins Agrommat Brat: (1) The premises have been
155 contaminated by any substance in any meaner which requires remcdiation; (2) 'rhe Property coming wetlands, flood plains, or any
156 other eaviromnaitally sensitive areas, development of which is limited or prectuded by law; (3) The Property eontaius ubtAos, polyeMorinated
157 blphenyls, lead-based paint or any other substnoce, the removal or Rosa of which ix subject to any lmv or regulation; and (4) Any taw
158 has been violated in the handling or disposing bfmy matexi al or wasto or the discharge of arty matcrisl into the soil, air, surface arttr, or ground water.
159 (B) Scllcr mid Buyer acknowledge that any Broker identified in this Agreement; (1) Is a licensed real estate broker; (2) Is not an expert in
160 emstniction, engineering, or environmental matters; and (3) Has not made and will not make any representations & warranties nor
161 conduct investigations of the enykamnental condition or suitability of the Property or any adjacent property, including but not limited
162 to those conditions listed in paragraph 12 (A).
163 (C) Seller agrees to indemnify and to hold Broker harmless from and against all claims, demands, or liabilities, including attorneys fees and
164 court costs, which arise from or are related to the environmental condition or suitability of the Property prior to, during, or after
165 Seller's occupatto of the Property including without limitation any condition listed in paragraph 12 (A).
166 (D) The proyf' ` to of is p agraph will survive settlement.
167 Buyer' Initials: F? A/S-C page 3 of 7 Seller Initials:
Revised 10/06 XAL
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168 13. NOTICES AND ASSESSMENTS (5-01)
169 (A) Seller represents, as of the date Seller signed this Agreement, that no public improvement, condominium or owner association
170 assessments havt been made against the Property which remain unpaid, and that no notice by any government or public authority has
171 been served upon Setter or anyone on Seller's behalf including notices relating to violations ofxoning, housing, building, safety or fire
172 ordinances that retrain uncorrected, and that Seller knows of no condition that would constitute a violation of any such ordinances that
173 remains uncorrected, unless otherwise specified here,
174
175 (9) Seller knows of no other potential notices (including violations) and assessments except as follows: Hankrufltdy Court
176. AIM]MV111
177 (C) Any notice of improvements or assessments received. on or before the date of Seller's acceptance of this Agreement, unless
178 improvements consist of sewer or water lines not in use, shall be the responsibility of the Seller; any notices received thereafter shall be
179 the responsibility, of the Buyer.
[so (I)) If required by law, Seller will deliver to Buyer, on or before settlement, a certification from the appropriate municipal department or
181 departments disclosing notice of any uncorrected violation of zoning, building, safety, or fire ord'utances_
182 (I?) Access to a public road may require issuance of a highway occupancy permit from the Department of Transportation.
183 14. TITLE AND COSTS (10416)
184 (A) The Property is to be conveyed lift and clear of all liens, emcumbraners, and easements, f XCFl"17NG HOWEVER the following;
185 existing deed rcgriction% historic preservation restrictions or ordinances, building restrictions, ordinances, easements of roads,
186 easements visible upon the ground, easements of record, privileges or rights of public service companies, and land use restrictions
187 pursuant to property enrollment in a preferential trot program if any.
188 (B) Buyer will pay for the following: (1) title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation;
189 (2) Flood insurance, fire insurance uith•exteaded coverage, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees
190 and charges paid in advance to mortgage lender(s); (4) Buyer's customary settlement costs and accruals.
191 (C) Any survey or surveys required by the title insurance company or the abstracting attorney For preparing an adequate legal description
192 of the Property (or the correction thereof) will be obtained and paid fur by Seller. Any survey or surveys desired by Buyer or required
193 by a lender will be obtained and paid for by Buyer.
194 (D) N Seller is unable to give it good and marketable title and such as is insurable by a reputable title insurance company at the regular
195 rates, as specified in paragraph 14 (A), Buyer will-
196 1. Accept the Property with such title as Seiler can givo. with no change to the purchase price, and agree to the REWASH in paragraph
97 25 of this Agreement, OR.
198 2. Terminate this Agroanent by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph
199 20 of this Agreement. Upon ecrrnination, Seiler will reimburse Buyer for any costs incurred by Buyer for arty inspections or catiflcations
200 obtained according to the terms of this Agreement, and for those iteaos specified in paragraph 14 (13) itenlS (1), (2), (3) and In paragraph 14 (G).
201 15. COAT, NOTICE (Where Applicable)
202 THIS DOCUMENT MAY NOT 3131.1, CONVPY, TRANST P9.114C1 UDla Olt INSURP TITLE TO THF- COAL AND RIONTS OF SUPPORT
203 UNDERNEAY'H'I't1L St1RrACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR UWNERS OF SUCi I COAL MAY HAVE
204 THE COMPLETE 1,IIAL RIGHT TO RBMOVE ALL SUCH COAL. AND IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE Of
205 THE LAND AND ANY HOUSE. BUILDING OR (7PHER STRUCTURE ON OR IN SUCH LAND. ('T'his notice is act forth in the minor provided in
206 Section 1 of the Act of hily 17, 1957, P. L. 984.) "Buyer aelanowle? that he may not be obWraing tho right of protection against subsidence resulting fierm
207 oval mining openvions, and that the property described herein way he prowted IIom damage due to urine subsidence by a private contract with the owners
208 orthe economic interests in the Col. This aolrhOtTIcop r ont is made for Ilia purpose of botnplying with tbo provr9ton4 of Section 14 of the llituminpus Mitle
209 Subsidence and the Land Conservatim Act ofApril 27,1966." Buyer agrees to sign The eked ftem Seller which deed will contain the aforesaid provision.
210 16. TAX DEFERRED EXCHANGE (10-01)
211 99 NOT APPLICA'RU,
212 ? APPl.1CABLE. If Seller wishes to enter into a tax dt Rwred exchange for the Property pursuant to Section 1031 of the Internal
213 Revenue Codc, Buyer agrees to cooperate with Seller in connection with such exchange, including the execution of such documents as
214 may be reasonably necessary to conduct the exchange, provided that there shall be no delay in the agreed-to settlement date, and that
215 any additional costs associated with the exchange are paid solely by Seller. Buyer is aware that Seller anticipates assigning Sellers
216 interest in this Agreettteut to a third party under an Ihtchange Agr ocino t and consents to such assignment- Buyer shall not be requited
217 to execute any note:, contract, deed or other document providing any liability which would survive the exchange, nor shall Buyer be
218 obligated to take title to any property' other than the Property described in this Agreement. Seller shall indemnify and hold harmless
219 Buyer against any liability which arises or is claimed to have arisen from any aspect of the exchange transaction.
220 17. COMMERCIAL. CONDOMINIUM (10-41)
221 ® NOT APPLICAULI;.
222 ? APPLICABLE. Buyer acknowledges that the condominium unit to be transferred by this Agreement is intended for nonresidential
223 user and the Buyer inay agree to modify or waive the applicability of certain provisions of the Uniform Condominium Act of
224 Pennsyhrania (68 Pa. CS. §3101 et. seq.).
225 I$, REC01WINC (9-0.9) this Agreement will not be recorded in the Me of the Recorder of Deeds Or in any other office or place of public
226 record. ILBuyer causes or pemtits this Agreement to be rocarded, Seller may elect to treat such act as a breach of this Agreement.
227 19. ASSIGNMENT (94)5) This Agreement is binding upon the parties, their heirs, personal representatives, guardians and successors, and to
228 the extent assignable, on the assigns of the parties hereto. Buyer will not traulsfbr or assign this Agreement without the written consaii
229 of Seller unless othexwr a this Agrecinent.
230 Bayer Initials: A/8-C Page 4 of? Seller Initials: ?[J
JGF l evlsed 10106
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231 20. T199liHMATION & RETURN OF DEPOSITS (9-
232 (A) Where Buyer terminates this Agreement pursuant to any right granted by this Agreement, all deposit monies paid on account of
233 purchase price will he rettn led to Buyer and this Agreement will be VOID. The broker holding the deposit monies may only release
234 the deposit monies according to the terms of a fully ext milted written agreement between Buyer and Seller and as permitted by the
235 Rules and Rgulations ofthe State (teal Lstate Commission.
236 (B) If there is a dispute over entitlement to deposit monim a broker is not legally permitted to determine if a breach occurred or which
7-37 party is entitled to deposit monies. A broker holding the deposit m onles is required by the Rules and Regulations of the State Real
238 Estate Commission to retaln the monies in escrow, until the dispute is resolved. In the event of litigation over deposit monies, a broker
239 will distribute the monies according to the terms of a final order of court or a written agreement of the parties. Buyer and Seller agree
240 that, if any broker or affiliated licensee is joined in litigation regarding deposit monies, the attorneys' fees and costs of the broker(s)
241 and licensee(s) will be paid by the party joining them.
242 21. REAL ESTATE RECOVERY FUND (9.05)
243 A Real Edge Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real estate
7,44 licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and who hove been unable to collect the judgment after
245 exhausting all legal and equitable, remedies. 'for complete details about the Fund, call (717) 783-3658 or (800) 822-2113 (within
246 Pennsylvania) and (717) 783-4854 (outside Pennsylvania).
247 22. MAINTENANCE AND R M OF LOSS (10-06)
248 (A) Seller will maintain tote Property, grounds, ftrrum and personal property specifically listed in this Agreement in its present condition,
249 normal wear and tear excepted.
250 (B) Seller will promptly notify the Buyer if, at any time prior to the time bf settlement, all or any portion of the Property is destroyed, or
251 damaged as a result of any cause whomever,
252 (C) Seller been the risk of loss from fire or other casualties until settlement. If any property included in this sole is destroyed and not
253 replaced, Bayer will:
254 1 _ Accept the Property in its then currant condition together with the proceeds of any insurance recovery obtainable by Seller, OR
255 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph
256 20 of this Agreement.
257 23. CONDEMNATION (10-06)
258 Seller has no knowledge of any currant or pending condemnation or eminent domain proceedings that would affect the Property- If any
259 portion of the Property should be subject to condemnation or eminent domain proceedings aller the signing of this Agreement, Seller shall
260. , immediately advise Buyer, in writing, of such proceedings. Buyer will have the option to terminate this Agreement by written notice to
261 Seller within days (15 days if not specified) after Buyer learns ofthe filing of such proceedings, with all deposit monies returned to
262 • Buyer according to the terms ofparagraph 20 of this Agreement. Buyers thiture to provide notice of termination within the time stated
263 . will constitute a WAIVER of this contingency and altothelr terms of this Agreement remain In full force and effect.
264 24. WAIVER OF CONTINGENCIES (9-05)
265 If this Agreement is contingent on Buyer's right to inspeet and/or repair the Property, or to verify environmental conditions,
266 boundaries, certifications, zoning classiCleftnon or ass, or any other information relpriling the Property, Buyer's failure to exercise
267 any of Buyer's options within the times set forth in this Agreement is s WAIVER of that contingency and Buyer accepts the
268 Property and agrees to the RELEASE in paragraph 25 of this Agreement.
269 25. RELEASE (9-05)
270 Buyer releases, quit claims and forever diseharges SELLER, ALL BROKERS, their LICENSEES, 1EMPLO'Y'VES and any
271 OFFICER or PARTNER of any one of them and any other PERSON, FIRM or CORPORATION who may be liable by or through
272 them, from any and all claims, losses or demands, including, but not limited to, personal injury and property damage and all of the
273 consequences thereof, whether known or not, which may arise from the presence of termites or other wood-boring insects, radon,
274 lead-based paint hazards, mold, fungi or indoor air quality, environmtental hazards, any defects In the individual on-lot sewage
275 disposal system or deficieacies in the on-site :lister service system, or any defects or conditions on the Property. Should Seller be In
276 default under the terms of this Agreement, or in violation of any odler disclosure law or regulation, this release does not deprive
277 Buyer of any right to pursue any remedies that may be available under law or equity. This release will survive settlement.
278 26. REPRESENTATIONS (9-05)
279 (A) All representations, claims, advertising, prmnotionat activities, brochures or plans of any kind made by Seller, Brokers, their licensees,
280 employees, officers or partners are not a part of this Agreement unless expressly incorporated or stated in this Agreement. This
281 Agreement contains the whole agreement between. Seller and Buyer, and there are no other terms, obligations, covenants,
282 representations, statements or conditions, oral or otherwise6 of any kind whatsoever concerning this sale. This Agreement will not be
283 altered. amended, changed or modified except in writing executed by the parties.
284 (B) Unless otherwise stated in this Agreement, Buyer has inspected the Property (Including fixtures and any personal property
285 specifically listed herein) before signing this Agreement or has waived the right to do so, and agrees to purchase the Property
286 IN TIS PRESENT CONbITXON, Buyer acknowledges that Broken, their Ifeensbes, employees, officers or partners have not
287 made an independent examination or determination of the structural soundness of the Property, the age or condition of the
288 components, environmental conditions, the permitted uses or of conditions existing in the locale where the Property is situated;
289 nor have they made a mechanical Inspection of any of the systems contained therein.
290 (C) Any repairs required by this Agreement will be completed in a workmanlike manner.
291 (D) Broker(s) have p vided or may provide services to assist unrepresented parties in complying with this Agreement.
292 pp}
293 Buyer Initials: L N? A/9-C Page 5 of 7 Seller Initials:
Revised 10106 Afc
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294 27. DEFAULT (9-05)
295 (A) Seller has the option of retaining all sums paid by Buyer, including the deposit monies, should Buyer:
296 1. trail to make any additional payments as specified in paragraph 3. Olt
297 2. Furnish Paine Or incomplete information to Seller, Brokers} or any other party identified itl this Agreement concerning Buyer's
298 legal or financial status, OR
299 3- Violate or fail to fulfill and perform any other terms or conditions of this Agreement
300 (1)) Unless otherwise checked In paragraph 27 (C? Seller may elect to retain those sums paid by Buyer, including deposit monies:
301 1. On account of purchase price, OR
302 2- As monies to be applied to Seller's damages, OR
303 3. As liquidated dates for such breach.
304 (C) O WE MR IS LIMITEb TO RETAWWO SUMS PAIR DY JIM M INC UDING DIE?Wff MONIV% AS LIQUIDATED DAMAGES.
305 (D) If Seller retains all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to paragraph 27 03) or (C). Buyer
306 and Seller are released from furth a liability or obligation and this Agreement is VOID.
3 07 28, CIERTIMCATION OP NOM-VORLrIGNI INTIr UT (10-01)
308 ? Seller IS a foreign person, foreign corporation, foreign partnership, fnretgn trust, or foreign estate subject to Section 1445 of the
309 internal Revenue Code, which provides that a transferee (Buyer) of a U.S. red property interest must withhold tax if the transferor
310 (Seller) is a foreign person..
311 ® Seller is NOT a foreign person, foreign corporation, foreign partnerships foreign trust, or a foreign estate as defined by the Internal
312 Revenue Code, or is othtrwise not subject to the tax withholding requirements of Section 1445 of the Internal Revenue Code. To
313 inform Buyer that the withholding of tax is not required upon the saieldisposition of the property by Seller, Seller hereby agrees to
314 furnish Buyer, at or before closing, with the following:
315 ? An affidavit stating, under penalty of perjury, the Sellers U.S. taxpayer idenfification number trod that the Seller is not a foreign person.
316 ? A "qualifying statement," as Mined by statute, that tax withholding is not required by Buyer.
317 ? Other:
318 Seller understands that any documentation provided under this provision may be disclosed to the Internal Revenue Service by Buyer, and
319 that any false statements contained therein could result in punishment by fine, imprisonment, or both. p
320 FAAF A r ano a C5 I"- - te 464A" -0 am-5 -t- L 1. t.
eL
321 - >---
322 thethiPtudrintar IM-et be.a0sad upon wrritbin z? `fir, ailhcz patty ?+^ti? eta
323 rtrsrhi will i tMiacread bear
324 o cxpclrses j"4rmeieinne hr
325 1ilesasyliemisCpuoaaoea.ertvarhitspieu
326 30.1?ROXER INDEMNMCATION (10.01)
327 Buyer and Seller represent that the only Brokers involved in this transaction am Team Costalio lteatl,t
329 and that the transaction
329 has not been brought about through the efforts of anyone other than said Brokers. It is agreed that if any claims G7r brokerage commissions
330 or fees art ever made against Buyer or Seller in connection with this transaction, each party shall pay its own legal fees and costs in
331 connection with such claims. It is further agreed that Buyer and Seller agree to indemnify and hold hanniess each other and the above-listed
332 Brokers from and against the non-performance of this Agreement by either party, and from any claim of loss or claim for brokerage
333 commissions, including all legal fees and costs, that may be made by any person or entity. This paragraph shall survive settlement.
334 31. GOVERNING LAW, VENUE dt PERSONAL JURISDICTION (9-W
335 (A) The validity and construction of this Agreement, and the rights and dudes of the parties, will be governed in accordance with the laws
336 of the Commonwealth ofPenasylvania.
337 (B) The parties agree that any dispute, eonttoversy or claim arising under or in connection with this Agreement or its performance by either
338 party shall be decided exclusively by and in the state or federal courts sitting in the Commonwealth of Pennsylvania.
339 32. NOTICE 11100419 SIGNING (5-01)
340 Buyer and Seller acknowledge that Bookers have advised them to consult and retain experts concerning the legal and tax effects of this
341 Agreement and the completion of the sale, as well as the condition and/or legality of the Property, including, but not limited to, the
342 Property's improvements, equipment, snit, tenancies, title and environmental aspects. Return by fltesimile transmission (FAX) of this
343 Agreement, and all addenda, bearing the signatures of all parties, constitutes acceptance of this Agreement.
344 33. NOTICE
345 All notice requirements under the provisions of this Agreement or by application of statutory or common )acv will be addressed to the
346 appropriate party, at the addresses listed below via any means of delivery as mutually agreed upon by the parties and stated here:
347
348 If to Seller- U!?M goote s 27,5 lMereurv Dr. Mechanicsburg, Pa. 17050 _
349
350 with a copy to;
351.
352 If to Brayer: Team Coatello 6375 1t¢FCUisy Dr.ghjuaieeburg. Pa. 17050
353 _
354 With a copy to: _
355
356 Buyer Initials: eL?
A/3-C Page 6 of 7 Seller Initials;
Revised 10106
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FAX
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A/S-C Page 7 of 7
ReAsed 10106
34. SPECIAL CLAUSES,
(A) The following are pert of this Agreement if checked,
® see All ".N''- -- ?
? ?
(B) SPKIAL PROVISIONS (>F ANY):
IJ . 1`;7C r ?% 'a
Buyer has received the Consumer Nonce as adopted by the State Real Itstate Conlnmission at 49 Pa. Code §35.336.
? Buyer has reeelved a statement of Bayer's estimated closing costs before signing this Agreement.
? Buyer has rtad and understands the notices and esplanstory information in this Agreement.
? Buyer has received The Deposit Money Notice (for cooperative sales when Broker For Seller is holding deposit money) before
signing this Agreement.
Buyer acknowledges reeelvin a 11PIPY of this Agreement at the time of sign' g.
-' BUYS DATE
5t
WITNESS/ATTIlST
i L L
Bu me gog
Mailing Address
phone 717 97
Mq I'l`1BSS/A
Mailing Address 5263 Zuraoa Road. 1
Phone (7171975-9795 FAX
WrIWI4S/ATTEST OMR
Buyer(s) Name
Mailing Address
Phone
FAX
E-mail
? Seiler has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336.
? Seller has received a statement of Seller's estimated closing costs before signing this Agreement.
? Selmer has rend and mmderstands the notices and explanatory information in this Agreement.
VOLUNTARY 1IiAN5 191t OF CORPORATE ASSETS (if applicable): The undexaigued acknowledges that Wshe is authorized by the
13otud of Directors to sign this Agre t on behalf of the Seller Corporation and that this sale does not constitute a sale, lease, or exehaage of
all or subsunlially all the prb corporation, such asmould require the authorization or consent of the shareholders; pursuant to 151'_9. §1311.
WITNESS/ATI'? J SR1lJiRR DATE f r d
S I" NANZ gi?lar? n r? icio?r
Mailing Address 47 Sloifher Road ldam:ysyille Pa 17053
)Phone (717)307-6060 FAX E-Mail
JL ELLER ' DAW r
116111011 1, 0 S
TN(E$SJA
SELLS ) AME Donna yt Crider
Mailing Address 7 Flaiab-zr R204- HerveyiXle Pa 1703
Phonc (7171907-601§0 FAX R-Mail
'4'i'ITNESS/ATT M SLLER
S)BLLER(S) NAM
Mailing Address
phone
DATE (0$
DATE
DATE
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COMMUNICATIONS WITH EUYER AND/OR SELLER
Wherever this Agreement contains a provision that requires or allows communication/delivery to a Buyer, that provision shall be satisfied
by communicationfdelivery to the Broker for Buyer, it any. If there is no Broker for Buyer, those provisions may be sallsred only by
communication/delivery being made directly to the Buyer, unless otherwise agreed to by the parties.;,
Wherever this Agreement contains a provision that requires or allows conumunicationldeliveri to 4. Seller, that provision shall be satiq&d
by communication/delivery to the Broker for Seller, if any. If them is no Broker for SelteY; tliosB provistons may be satisfied only by
communieation/delivery being made directly to the Seller, unless otherwise agreed to by t)rUerties,
INFORMATION REGARbING 9RAL ES'C o T'AXES'
Real Estate Tax Proration: For purposes of prorating real esm.taxes, the:" p'oriod§ covere-,- jy the tax bills arc as follows:
Minicipat Taxes: Por all counties and municipalities in Pennsylvank, tax'blils are for th?r;period January i to December 31.
School Tam: For all school districts, other than the Philaddoia.Titlslinrglr ard;Scianton school districts, the period covered by the tax
bill is July l to June 30. For the Philadelphia -1116b iigh aiirl Scrap tun school districts, tax bills are for the period January'1
to December 31.
Beal Estate Assessment Notice: In Pennsylvania, taxinj.linthort .O.(school dlstricte and municipalities) and property owners may appeal the
assessed value of a property at the time of sale, oc at. any time tliGreatZtx. A successful appeal by a taxing authority may result in a higher
assessed value for the property and an increase in;.*6Vg.tk!,_xztaes. Also, kdodic county=wide property reassessments may change the assessed
value of the property and result in a change in property tax:
EXPERTISE t REAL ESTATE, AGENTS
Pennsylvania Real Estate Agents are regttiied to he licensed. by the Commonwealth of Pennsylvania and are obligated to disclose adverse
factors about a property that are AaftAty app&*t to someone with expertise in the marketing of real property.
(A) If Buyer wants information t?cgartih?g;sptcifea conditions or components of the property which are outside the Agent's expertise, the
advice of the appropriate profeSsiolral should be sought.
(B) if Buyer wants financial, legal;?or.'agty other -advice, Buyer is encouraged to seek the services of an accountant, lawyer, or other
appropriate professional.
NOTICA REGARDING CONVICTRa SEX OFFENDERS (MEGAN'S LA V)
The Pennsylvania General Assembly has passed legislation (often referred to as "Megan's Law," 42 I%C.S. § 4741 et. seq.) providing for
community notification of the presence of certain convicted sox offesnden, Buyers are encouraged to contact the municipal police
department or the Pennsylvania State Police for information relating to the presence of sex offenders near .a particular property, or to
check the information is the Pennsylvania State Police'W'eb site at www pamegonslaw state.pams.
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.??^ti1 T=APy 4nc L, t,
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SEWAGE NOTICES
NOTICES PURSUANT TO THE PENNSYLVANIA SEWAGE FACIUTIMS ACT
NOTICE It THERE IS NO CURRENTLY EXISTING COMMUNITY SEWAOR SVSTtM-A'VAILA13UF.FOP. TffE SUBJECT
PROPERTY.
Section 7 of the Pennsylvania Sewage Facilities Act provides that no personrahall'in W. l construct request bid proposals
for construction, alter, repair or occupy any building or sirticture for whkh ah lndivi' ' sevtage system is to be instatied,
without First obtaining a permit- Buyer is advised by this notice that, be 6m siji t$ this Agrcemcnt Buyer should contact
the local agency charged with administering the Act to determine ihe:koeedure and.tpquittinents for obtaining a permit for
an individual sewage system. The local agency olrargtd with itdmiiristeting. the AiA '-vill be the municipality whcro the
Property is located or that municipality working eoopcmtively with Khers:
NOT.ICIB2: INN PROPERTY 15 SERVICED BY AN INDIVIDUAL SEWAGE.:SYSTEM INSTALLED UNDER THE
TEN-ACRE PERMIT EXEMPTION PROVISION4: "OF SECTION '7' OF THE PENNSYLVANIA SEWAGE
FACILITIES ACT.
(Section 7 provides that a permit may not be. requliCd bdbrz installing, constructing, awarding a contract thir
construction, altering, tepairing or connecting fto M. indirrid O s wV6 system where a ten acre parcel or lot is subdivided
from a parent tract alter January 10, 1987: ,Buyer, iS.advised that soils and site testing were not conducted and that;
should the system malfunction, the ownerbf'Ihe Property or•,propm i'.os serviced by the system at the time of a malfunction
may be held liable for any contamination ;pollutiop, public health hawd or nuisance which oectirs as a result.
NOTICE 3: THIS PROPERTY IS SLRVIGZD.'B'Y A It'OlAING TANK (PERMANENT OR TEMPORARY) TO WfflCH
SEWAGE IS CONVEYEW' 1V A. WATER' •CARRYINC SYSTEM AND WHICH IS DESIGNED AND
CONSTRUCTED TO FACILITATE ULTIMATE DISPOSAL OF THE SEWAGE AT ANOTHER SITE.
Pursuant to the Pennsylvan:4,!Mwage Facilities Act, Seller most provide a history of the annual cost of maintaining the
tank from the date of Its?i*a1fW6 or Dccombcr 14,1995, whichever is later-
NOTICE 47 AN IN'DIVIDUAL.•.SBWAi<sX SYSTEM HAS BEEN INSTALLED AT AN ISOLATION DISTANCE FROM A
WELL THA1`•:IS::.LE9S?• `T'HAN THE )DIST'AN'CE SPECIFIED BY REGULATION. The reguladons at 25 .Pa.
Code 173.13 pctfoining to mintliiuU) horizontal isolation distances provide guidance. Subsection (b) of §73.13 states
that the minimum hollaotttal isolation distance betwcon an individual water supply or water supply system suction line and
treatment tanks shall be•56 feet. Subsection •(c) of 173-13 States that the horizontal isolation distance between tlrc individual
water supply or water supply system suction line and the perimeter of the absorption area shall be 100 feet.
NOTICE 5: TIIIS LOT IS WITHIN AN AREA IN WWCH PERMIT LIMITATIONS ARE IN EFFECT AND IS SUBJECT TO
THOSE LIMITA'ONS. SEWAGE FA,CILI1TI98 ARE NOT AVAILABLE FOR THIS LOT AND CONSTRUCTION
OF A STRUCTURE TO BE SERVED DY SEWAGE FACILITIES MAY NOT BEGIN UNTIL THE MUN10PALITY
CO*1PL1 T1F.S A MAJOR PLANNING REQUIREMENT PURSUANT TO THE PENNSYLVANIA SEWAGE
FACILITIES ACT AND REGULATIONS PROMULGATED THEREUNDER.
NOTICE 6: A REQUIRED REVISION VOR NEW LAND DEVELOPMENT, OR AN EXCEPTION TO THE REQ0II19MENT
TO REVISE, OR A REQUIRED SUPPLEMENT HAS NOT BEEN APPROVED FOR THIS LOT. SEWAGE
FACILITIES ARE NOT AVAILABLE FOR THIS LOT AND SEWAGE I±ACILITIES'WILL NOT BE AVAILABLE,
NOR MAY CONSTRUCTION BEGIN UNVL SXW'AG1E FACILITIES PLjkN WG FIAS MEN APPROVED
PURSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT AND REGULATIONS PROMULGATED
1'IIMUNDER.
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j T ' CSI
CO SU NOTICE
THIS IS NOT A CONTRACT
Pennsylvania Law requires real estate brokers and salespersons (licensees) to advise consumers who are seeking to sett or purchase residential
or commercial rent estnte or tenants who are seeking to lease residential or commercial real estate where the licensee is working on behalf of
the tenant of the business relationships permitted by the Real Estate Licensing and Registration Act. This notice must be provided to the
consumer at the first contact where a substantive dismsslon about real estate oceans anleys an orat disclosure has been previously
provided. If the oral disclosure was provided, this notice must be provided at the first meeting or the first time a property is shown to
the consumer by the broker or salesperson.
Before you disclose any information to a Ileensee, be advised that unless you select an agency relationship the itceusee is NOT
REPRESENTING YOU. A business relationship of any kind will NOT be presumed but must be established between the consumer
and the licensee.
Any licensee who provides you with real estate services owes you the following duties:
• Exercise reasonable professional skill and care which meets the practice standards required by the Act.
• Deal honestly and in good faith.
• Present, in a reasonably practicable period of time, all offers, counteroffers, notices, and communications to and from the parties is
writing. The duty to present written ol'lbrs and counteroffers may be waived if the waiver is in writing.
• Comply with Real Estate Seller Disclosure Act.
• Account for escrow and deposit fonds.
* Disclose all conflicts of interest in a reasonably practicable period of time.
• Provide assistance with domunent preparation and advice the consumer regarding compliance with laws pertaining to real estate
transactions.
• Advise the consumer to seek expert advice on matters about the transaction that are beyond the licensee's expertise.
• keep the consumer informed about the transaction and the tasks to be completed.
• Disclose financial interest in a service, swh as financial, title transfer and preparation sevvioes, insurance, construction, repair or
insptxtion, at the time service is recommended or the first time the licensee learns that the service will be used-
A licensee may have the following business relationships with the consumer:
Seller Agency:
Seller agency is a relationship where the licensee, ttpolt entering into a written agreement, works only for a seller/landiord- Seller's
agents owe the; additional duties of
• Loyalty to the seller/landlord by acting in the selleealiandktnd's best interest.
Confrdenttahfy, except that a licensee has a duty to reveal known material defects about the property.
• Making a continuous and good faith effort to find a buyer for the property, except while the property is subject to an
existing agreetent.
• Disclosure to other parties in the transaction that the licensee has been engaged as a seller's agent.
A ruler" s agent may Compensate other brokers as subage7ds if the seller/landlord agrees in writing. Subagents have the same duties
and obligations as the seller's agent- Scllces agents may also compensate biryces agents and transaction licensors who do not have
the same durics and obligations as seller's agents.
If you-enter into a written agreement, the licensees is the real estate company owe you the additional duties identified above under
sciter.agelcy. The exception is designated agency. See the designated agency section in this notice for more information-
Buyer Agency:
Buyer agency is a relationship where the license, upon entering into a writtea agreement, works only for the buyer/teftent. Buyer's
agents owe the additional duties of
• Loyalty to the buyencanant by acting in the buyeeslteraafs best interest.
Confidentiality, except that a licensee is required to disclose known material defects about the property.
• Making a c nfinuo is and good faith effort iu Find a property for the buyer/tenant, except while the buyer/tenant is subject
to an existing coronet.
• Disclosure to other parties in the trausaetion that the licensee has been engaged as a buyer's agent.
A buyer's agent may be paid fens, which may include a pereentage of the purchase price, and, even if paid by the seller/landlord, will
repnesem the interests of the buycr/teaant.
if you eater into a written agreement, the licensees in the real estate company owe year the additional duties identified above under
buyer agency. The exception is designated agency. Soothe designated agency section in Ibis notice for mare infiormation_ o m
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buai Agency:
ual agency is a relationship where the licensee acts as the agent for bollt the sellerllandlord and the buyerltenant in the same
trnrsaction with the written consent of all potties. Dutd agents owe the addidoml dudes of:
• Taking no action that is adveme or cleft-kerrtat•to either party's intacst in the transaction.
Unless otherwise agreed to in writing, making a continuous turd good faith effort to find a buyer for the property and a
property for the buyer, unless either are subject to an existing contract.
Conftdenriality, except that a licensee is required to disclose known material defects: about the propaty_
Designated Agenry:
In designated agency, the employing broker may, with your consent, designale one or mane licensees from the real estate company to
represent you. Other licensees in the company may represent another party and shall not be provided with any confrdenthil
information. The designated agent(s) shall have the duties as listed above under seller agency and buyer agency,
In designated agency, the employing broker will be a dual agent and have the additional duties of:
• Taking reasonable care to protect any confideattial information disclosed to the licensee.
• Taking responsibility to direct and supervise the business activities of the licensees who represent the seller and buyer
whi la taking no action that is adverse or detrimental to either party's interest in the transmdon_
The designation may talm place at the time that the parties enter into a written agreement, buy may occur at a later time. Regardless
of when the designation takes place, the employing broker is responsible for ensuring that confidential information is not disclosed.
Transaction Licensees
A transaction licensee is a broker or salesperson who provides commimication or document preparation services or performs other
acts Ior which a license is required WITHOUT being the agent or advocate for either the seller/landlord or the buyer/tenant, Upon
signing a written agreement or disclosure statement a transaction i'ecensce has the additional duty of limited confidentially in that the
following ift%rination may not be disclosed:
The 5ellerdlandlord will accept a price ices than the askitiostlteg price.
• The buyerltenant will pay a price greater than the price submitted in a written offer.
• The seller/larWilord or buyerAenaont will agree to financing terms other than those of Wed.
Other information deemed confidential by the consumer shall not be provided to the transaction licensee.
OTMR EVORMATION ABOUT REAL ESTATE TRANSACTIONS
The following are negotiable and shall be addressed in an agreomontldiselosttre statement with the licensee:
• The duration of the employment, listing agreement or contract.
The fees or commissions-
The scope of die activities or practices.
The broker's cooperation with other brokers, including the sharing of fees.
Any sales agreement must contain the zoning classification of a property except in tow where the property is zoned solely or primarily to
permit single family dwellings-
A Real irsmte Recovery Fund exists to reimburse any person who has obtained a final civil judgment against a Pennsylvania real estate licensee
owing to fraud, misrepresentation, or deceit in a real eslale transaction and who has been -unable to collect the judgment Otter exhausting all
legal and equitable remedies, For complete details about the Fuel call (717) 7$3-3658.
4L= D leas L.L.C.
nt (Coop mar)
044
ed (
Cos,sa
5263 Tesrraew Road
Address (optional)
I atcknowled e t bat Y have received this disclosure.
)(sate: JeLa sritlror
ACKNOWLEDGMENT
Print (Cousumer
Signed (Consumer)
5263 Terracs Road
Address (optional)
(7111975-9795 47177 875-9795
Phone Number (optional) Phone Number (optional)
I certify that i have pray ed this document to the above consumer.
Date- 1 LOY8 fats 06=
AV7 / A Print (Lioamsee)
Date:
Adopted by the Mate Real KO M CoioNssion at 49 Pm: Cork $ 35.336,
Prodooed WM apPerra- by RF Fo rn Met. LLC 78026 F tteen Mite Road, Clinlar Tawnstnp, MiealQan 48035 P12zpla 555 Bo
J 21 1111 ! `_',4V W I I_LLU 10. 10711 r, i v 14
ADDENDUMlENDORSEMENT TO AGREEMENT OF SALE ASA
1 PROPERTY 555 Booler Ave Lemoyne, Pa, 17043
2
3 SELLER Richard D Crider Donna M Crider
4 BUYER Jeffr T t` lealin Lorraine R Flemin
5 DATE OF AGREEWNT June 12 2008
6
7 1. Bankruptcy Court Approval.
a
10 2. Satisfactory Zoning of property to Aeet/exoeed now Business Enterprise.
11 3, Satisfactory approvals o£ State, Federal, and Municipal guidelines.
12 4. Satisfactory Approval of Financing of Property.
13 S. All three (3) Tenants belongings to be removed from the property by August 8, 2008.
14 6. Property to be inspected at Buyer's expense, with the results of the inspection
15 satisfactory to the Buyer - I,? 5?
16 1 i ?f
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BUYER
DATE
8ELLER?? PO DATOa _ d
Ric rd D Cri
SELLER DATE +P'J? 7 a
Donna M Crider
54 VVITMS SELLER
55
DATE
Pennsylvania pssoclatlon of COMll("r11T PENNSYLVANIA AMOCIATION OF REALTOR9141993
6
REALTORS6101
??`° 7bV.ae?ree ???lrnYa9ln feMglwnY
RENAX First Advardep 5375 Memuy brModrnicsbur& PA 17050 Pinola $55 Bo
phone: (717) 591 - 7749 Fax: (717) 591- 7212 Timothy Costello
produCed with MpForm'm by RE FoMNeL LLC I W25 Fifteen N111e Road, Clinton Township, Michigan 48035 www.ziplormcem
,j1jAvtX8 h/yas
Ixe
e-0
- le remain unc angel in full fooee effect.
BU YER DATE
re Fleiing
BUYER DATE Cv l B
Lorraine R Fleming fl-
T 1-, Fit 4 01 li ? L "',)
`?? Lh !` r ill: u
BUYER'S ESTIMATED COSTS AND DEPOSIT MONEY NOTICE BEC
Thia form recommended and appmved far, but not resOdcted to uge by, the mambas aftba Pennsylvania AssoaL-A n of RBALTORSM (PARR).
PROPERTY 555 Boller Ave Lemoyne, Pa. 17043, ,
BUYER Jel o Xnt*= uses L L C
SETTLEMENT I)ATE August 15, 2009 PURCHASE PRICE $ 265, 000.00
L Title
(A) Title Starch/Insuranco $
(B) Closing Protection Letter $
(C) Title Indorsements
(D) Mechanics Lien Insurance $
(E) Settlement/Notary Rees $ 50.00
(I) Recording Pces (Mortgage/Deed) $ 140.00
(G) Transfer Tax 1 6 $ 2,650.00
(H) Survey $ .•
(1) Domestic Lien Search $
(J) "Patriot Act" Search $
(k) $
2. Broiler's Fee $
3. Property Insurance (e,g., Homeowner's Insurance)
(A) First'Y'eeNs Premium $
(B) Lender fiscrow $
4. Adjustments (+/-)
(A) School Tax 273,090 x .0102 $ 2,785.52
(B) County Tax 273,090 X .002 $ 546.16
(C) Municipal Tax 273,090 x .00199 d98. 94
(D) Lender Escrows $
(Fs) Association-Fees (prorations) $
(F) Association Ices (capital cm6ibutiorls, etc,)S
(0) Lienabte Utilities $
5. Inspection Fees
(A) Property Inspection
(B) Wood Infestation $
(C) Radon $ t
(D) Water $
(E) Sewer - $
(F) Other (e-g_, lead paint) $
6. Lender
(A) Fees Charged as Percentage of Loan $ #
(13) Appraisal & Credit Report(s) $
(C) Mottgagc Insurance Lender Escrow $
(D) Mortgage Insurance Premium $ * s
(E) VA Funding Fee $ : s
(F) Preparation Mortgage Documents __ __ $
(Q) Interest from settlement date until end of
month, at $ per day $
(I1) Miscellaneous fees (e.g., flood eert.,
tax Service, courier, etc.) $
(1) $
7, Home Warranty $
9, Other $
Estimated Costs $ 6,660.64
First Mortgage -- Estimated Monthly Payments INITIALLY
Mortgage'T'ypet ? FIxM Rate ? Adjostnbte Bate
Based on $ , for vrars,
at the fbllowing raft(s): % %
Principal and Interest $ $
'taxes $ $
Property Insurance 5 $
Mortgage Insurance Premium _ $ $
Condo/Homeownees Assoc. Fees$ $
9stimakil Total $ $
Second Mortgage- Estimated Monthly Payments INITIALLY
Mortgage Type: 0 Fixed Rate ? Adjustable Rate
Based on $ for years,
at the following rate(s): % %
principal and Interest $ $
Combined Total $ $
(Total of first & second mortgages)
If the interest rate is higher or lower than shown above, the total
monthly payments will be higher or lower. Consult the mortgage
leader for more Information about mortgag* costs and terms.
SUMMARY OF TOTAL MONIES NEEDED
Purchase Price $ 265, 000.00
Estimated Costa (from left column, incl.
MIP & VA Nnding Fee, if any) $ 6,660.64
TO'T'AL CASH REQUIRI& 1(subtotal) $ 291, 660.64
Less Mortgage Amt (including
MIP &. VA Funding Fee, if financed) $
Lou Seller Assist and Credits (if any) $
Less Deposits (if arty) $
BALANCE DUE; AT SETTLEMENT $ 271, 660.64
NO'T'Li trees from the left column paid before settlement will be
subtracted from this amount.
I DEPOSIT MONEY NOTICE TO BUYER (if applicable) I
LISTING BROILER (Broker for Seller):
SELLING BROKER:
1. Listing Broker is a PennsytWania licensed real estate broker who is
required to hold your sales deposit in escrow-
2. Selling Broker is accepting your deposit on behalf of and for transfer
to the Listing Broker.
3. If the deposit is in the form of a check, the check must be made
payable to the Listing Broker.
• payment may bo ra*&a bo bxe sewomeac **usually Gnenoed in mortgastr amount
Buyer understands that the estimated costs are based on the best information available at this date and may be higher or lower at settlement.
DATE '711 6 19
DATE 71-114
DATE
DATE
Pennsylvania Assoclatlon dl' '
REAI.TORS? COPYRIGHT PFNNSriVANIAASSOCIATION OFREALTORSA280S
n. Y.r,. re.r,..?cmrN m PennsrManh 10105
RPJMAXFitstAdvWcge61T3MttatylMvledaoiceborkpA 17050 rbooe(717)591-7749 Fac: (717)591-7172 F7em,og555Do
Thnorby carma PoA"dvirA LpFarm" by Rr FumcRel, LLC 18M Ff6men Ww Road. Cron Township. Mr' Wem 48036. (800) 383MOd wmaororm•mrn
BROKER (Company Name) To
PROVIDED BY (Licensee)
EXHIBIT B
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
IN RE: IN BANKRUPTCY
RICHARD DAVID CRIDER CHAPTER 13 BANKRUPTCY
DONNA M. CRIDER
Debtors
JeLo ENTERPRISES, LLC
Movant
V.
RICHARD DAVID. CRIDER
DONNA M. CRIDER
Respondents
: BK. NO. 1-08-bk-00076 MDF
MOTION FOR RELIEF FROM
AUTOMATIC STAY WITH
CONCURRENCE OF DEBTOR'S
COUNSEL AND TRUSTEE
ORDER TO LIFT AUTOMATIC STAY
Upon presentation and consideration of the within Motion for Relief from Stay and after
notice and hearing on same, it is hereby:
ORDERED AND DECREED that the automatic stay issued pursuant to 11 U.S.C.
Section 362(a) is hereby terminated for the purpose of the Movant, JeLo Enterprises, LLC going
forward with all the actions necessary to both prosecute and execute in state court to receive a
refund of the deposit monies held by a third party. It is hereby
FURTHER ORDERED AND DECREED that Movant may proceed with any action to
obtain a refund of deposit monies in state court. It is hereby
FURTHER ORDERED AND DECREED that the provisions of Bankruptcy Rule
4041(a)(3) are waived and the Order shall be in full force and effect upon signature of this Court.
Dated: January 28, 2009
By the Cowt
BSIf ,NQdC (MS)
Case 1:08-bk-00076-MDF Doc 157 Filed 01/28/09 Entered 01/28/09 11:12:25 Desc
Main Document Page 1 of 1
oa
Jai ? VI j._ •.7
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00
n
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2009-01095 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
JELO ENTERPRISES LLC
VS
CRIDER RICHARD D ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
CRIDER RICHARD D
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of PERRY County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On March 6th , 2009 , this office was in receipt of the
attached return from PERRY
Sheriff's Costs: So answe_L
--?
Docketing 18.00
Out of County 9.00
Surcharge 10.00 R. Thomas Kline
Perry County 100.00 Sheriff of Cumberland County
Postage .42
137.42
03/09/2009
MICHAEL BANGS, ESQUIRE
Sworn and subscribe to before me
this day of
A. D.
LLJ _.7 R.
rL
? ;
--LU E? w
?- , _ . Lu
?L 2-
t t..
?
? v
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2009-01095 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
JELO ENTERPRISES LLC
VS
CRIDER RICHARD D ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
CRIDER DONNA
to wit:
but was unable to locate Him
deputized the sheriff of EPRRY
in his bailiwick. He therefore
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On March 6th , 2009 , this office was in receipt of the
attached return from EPRRY
Sheriff's Costs: So answers • ,-_ _.. - ----?"
Docketing 9.00
-- - w.? Out of County .00
Surcharge 10.00 R. Thomas Kline
.00 Sheriff of Cumberland County
.00
19.00
03/09/2009
MICHAEL BANGS, ESQUIRE
Sworn and subscribe to before me
this day of
A. D.
a.
ZT,
C Ri
ti tU :i is
u
C) `? .
°
v
N
JeLo Enterprises, LLC IN THE COURT OF COMMON PLEAS OF
THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA,
PERRY COUNTY BRANCH
Versus
Richard D. Crider
Donna Crider
No. 09-1095 Civil Term (m4dktid C0
SHERIFF'S RETURN
And now March 4 , 2009 : Served the within name Richard D. Crider
the defendant(s) named herin, personally at his place of residence in Rye Twp.- 47 Fleisher
Road, Marysville,
Perry County, PA, on March 4 , 2009 at
by handing to Donna Crider, Defendant's wife
copy(ies) of the within Complaint
and made known to her the contents thereof
Sworn and subscribed to before me this Soh
day of &lh "--9-009,
?,43--'
7:30 o'clock PM
2
true and attested
So answer
Deputy heriff of Perry County
Mn D. Houck
Badge #8-4
F. FUCi(INGER, Notary Public
Rd 8m. P6try County
Won Expires F'eb.tS,=
1. v
JeLo Enterprises, LLC IN THE COURT OF COMMON PLEAS OF
THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA,
PERRY COUNTY BRANCH
Versus
Richard D. Crider
Donna Crider No. 09-1095 Civil Term C niltCkAd Cl-
SHERIFF'S RETURN
And now March 4 , 2009 : Served the within name Donna Crider
the defendant(s) named herin, personally at her place of residence in Rye Twp.- 47 Fleisher
Road, Marysville,
Perry County, PA, on March 4 , 2009 at
by handing to Donna Crider, Defendant
copy(ies) of the within Complaint
and made known to her the contents thereof
7:30 o'clock PM
2 true and attested
Sworn and subscribed to before me this
day of.- &ii-A- So an
r/9 Dep
C ?LTHO PENNSVLVANIA
IAL Wt.
MMGARET F. FUCKJNGER, Notary k{ioc
SWORIWd soro. Perry County
m Commtseic Tres Peb.16 2012
,
Sheriff of Perry County
uan D. Houck
Badge #8-4
MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFFS
I.D. No. 41263
429 South 18'' Street
Camp Hill, PA 17011
(717) 730-7310
JeLo ENTERPRISES, LLC, ) IN THE COURT OF COMMON PLEAS
Plaintiff ) OF CUMBERLAND COUNTY,
PENNSYLVANIA
VS. )
CIVIL ACTION - EQUITY
RICHARD D. CRIDER and )
DONNA CRIDER, ) NO. 09-1095 CIVIL TERM
Defendants )
PRA_ ECIPE
TO THE PROTHONOTARY:
Please mark the above-referenced matter settled and discontinued.
Respectfully submitted,
MICHAEL L. BANGS
Attorney for Plaintiff
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
Date: March 19, 2009
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