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10-1599
ARUN KAPOOR and ANITA KAPOOR, Plaintiffs, V. TIMOTHY KEANE and NATALIE KEANE, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA n No. 0 - 15q? iyi ? _ :: j ACTION IN EJECTMENT ' : NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 G) -44a. oo p o ATr1-/ CO acPy7q a3869/ 4, l ARUN KAPOOR and ANITA KAPOOR, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. : No. TIMOTHY KEANE and NATALIE KEANE, ACTION IN EJECTMENT Defendants. AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 . SMIGEL, ANDERSON & SACKS, LLP Peter M. Good, Esquire River Chase Office Center I.D. No. 64316 4431 North Front Street, 3rd Floor Jessica E. Mercy, Esquire Harrisburg, PA 17110-1778 I.D. No. 206405 (717) 234-2401 Attorneys for Plaintiffs ARUM KAPOOR and ANITA IN THE COURT OF COMMON PLEAS KAPOOR, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V I D - 1 5 c f,r, ( +e ! A? No . - . TIMOTHY KEANE and NATALIE KEANE, ACTION IN EJECTMENT Defendants. COMPLAINT AND NOW COMES, Plaintiffs Arun Kapoor and Anita Kapoor, by and through their attorneys, Smigel, Anderson & Sacks, LLP, to make the following Complaint against Defendants Timothy Keane and Natalie Keane and aver in support as follows: A. Parties 1. Plaintiffs Arun Kapoor and Anita Kapoor (hereinafter "Plaintiffs") are adult individuals residing at 5241 Chandler Way, Orefield, Lehigh County, Pennsylvania 18069. 2. Defendants Timothy Keane and Natalie Keane (hereinafter "Defendants") are adult individuals residing at 71 Ashton Street, Carlisle, Cumberland County, Pennsylvania 17015. B. Jurisdiction and Venue 3. This Honorable Court has jurisdiction over the parties and subject matter of this case. 4. Venue is proper in Cumberland County, Pennsylvania pursuant to Pennsylvania Rule of Civil Procedure 1006, as it is the county in which the property that is the subject of this 1 action is located and it is the county in which the cause of action arose. C. Factual Backeround 5. The Property that is the subject matter of this action is the real property located at 71 Ashton Street, Carlisle, Cumberland County, Pennsylvania 17015 (hereinafter the "Property"). 6. On June 14, 2009, Plaintiffs, as sellers, and Defendants, as buyers, entered into an Agreement of Sale for the sale and purchase of the Property. (A true and correct copy of the Agreement of Sale is attached hereto as "Exhibit A.") 7. As part of the Agreement of Sale, a Pre-Settlement Possession Addendum to Agreement of Sale (hereinafter the "Lease") was entered into between Plaintiffs as lessors and Defendants as lessees. (A true and correct copy of the Lease is attached hereto as "Exhibit B.") 8. Under the terms and conditions of the Lease, Defendants were permitted to take possession of and occupy the Property from June 16, 2009 through June 30, 2009 in exchange for the payment of $700.00 to Plaintiffs. See Ex. B. 9. Defendants took possession of the Property on June 16, 2009. 10. Thereafter, on June 30, 2009, Plaintiffs and Defendants entered into a First Addendum to Agreement of Sale (hereinafter "First Addendum"). (A true and correct copy of the First Addendum is attached hereto as "Exhibit C.") 11. Under the terms and conditions of the First Addendum, Defendant's pre- settlement possession contingency was extended into a month-to-month tenancy beginning July 1, 2009. See Ex. C. 12. In exchange for the month-to-month tenancy, Defendants were required to make monthly rental payments to Plaintiff in the amount of $1,000.00 plus utilities. See Ex. C. 2 13. Thereafter, on January 22, 2010, Plaintiffs and Defendants entered into a Second Addendum to Agreement of Sale (hereinafter "Second Addendum"). (A true and correct copy of the Second Addendum is attached hereto as "Exhibit D.") 14. Under the terms and conditions of the Second Addendum, Defendants were required to provide Plaintiffs' realtor with: (1) the name, telephone number and e-mail address of Defendants' funding source and (2) a statement from Defendants' funding source that the funds necessary for settlement would be available no later than February 4, 2010. See Ex. D. at 11. 15. In the event that Plaintiffs' realtor did not receive such information by 5:00 p.m. on Tuesday, January 26, 2010, Defendants would be in breach of the Second Addendum and would be required to (1) vacate the Property no later than 12:00 p.m. on February 2, 2010, thereby terminating the month-to-month tenancy and (2) pay Plaintiffs' additional legal fees in the amount of $750.00. See Ex. D at ¶¶ 2, 4-5. 16. If Defendants did not vacate the premises by February 2, 2010, Plaintiffs would be entitled to collect holdover rent in the amount of $2,000.00 per month. See Ex. D at ¶ 4. 17. Defendants failed to provide Plaintiffs' realtor with the required information by January 26, 2010. 18. Defendants failed to vacate the Property by 12:00 p.m. on February 2, 2010 and remain in possession of the Property. 19. Despite repeated demands, Defendants have failed to make rental payments and utility payments to Plaintiffs since November 1, 2009 as required under the Lease, the First Addendum and the Second Addendum. 3 20. To date, Defendants owe Plaintiffs $7,000.00 in rental payments, $611.78 in utility payments and $750.00 in attorneys' fees under the terms and conditions of the Lease, the First Addendum and the Second Addendum. COUNTI Ejectment 21. Plaintiffs hereby incorporate by reference paragraphs 1 through 20 of the within Complaint as if fully set forth herein. 22. Plaintiffs were at all times relevant hereto, and remain, the owners of the Property. 23. Plaintiffs and Defendants entered into the Lease, the First Addendum and the Second Addendum, whereby Defendants were permitted to possess and occupy the Property prior to settlement under the Agreement of Sale in exchange for the payment of rent to Plaintiffs. 24. Defendants breached the Lease, the First Addendum and the Second Addendum by failing to make rental payments to Plaintiffs. 25. Irrespective of Defendants' breach for failure to make rental payments, the Lease, the First Addendum and the Second Addendum expired by their terms on February 2, 2010 because Defendants failed to provide Plaintiffs' realtor with (1) the name, telephone number and e-mail address of Defendants' funding source and (2) a statement from Defendants' funding source that the funds necessary for settlement would be available no later than February 4, 2010 by the January 26, 2010 deadline. 26. Defendants failed to vacate the Property by February 2, 2010 and unlawfully remain in possession of the Property. 27. As the owners of the Property, Plaintiffs have the right to demand that Defendants vacate the Property. 4 WHEREFORE, Plaintiffs Arun Kapoor and Anita Kapoor respectfully request that this Honorable Court enter an Order ejected Defendants Timothy Keane and Natalie Keane from the Property located at 71 Ashton Street, Carlisle, Cumberland County, Pennsylvania 17015. COUNT II Breach of Contract 28. Plaintiffs hereby incorporate by reference paragraphs 1 through 27 of the within Complaint as if fully set forth herein. 29. Plaintiffs and Defendants entered into the Lease, the First Addendum and the Second Addendum, whereby Defendants were permitted to possess and occupy the Property prior to settlement under the Agreement of Sale in exchange for the payment of rent and utilities to Plaintiffs. 30. Under the terms of the Lease, the First Addendum and the Second Addendum, Defendants were required to pay Plaintiffs $1,000.00 per month, plus utilities, for possession and occupancy of the Property from July 1, 2009 through February 2, 2010. 31. Defendants breached the Lease, the First Addendum and the Second Addendum by failing to make such rental payments and utility payments on November 1, 2009, December 1, 2009 and January 1, 2009 to Plaintiffs in an amount totaling $3,611.78.00. 32. Under the terms and conditions of the Second Addendum, Defendants were required to provide Plaintiffs' realtor with: (1) the name, telephone number and e-mail address of Defendants' funding source and (2) a statement from Defendants' funding source that the funds necessary for settlement would be available no later than February 4, 2010. 5 33. In the event that Plaintiffs' realtor did not receive such information by 5:00 p.m. on Tuesday, January 26, 2010, Defendants would be in breach of the Second Addendum and would be required to (1) vacate the Property no later than 12:00 p.m. on February 2, 2010, thereby terminating the month-to-month tenancy and (2) pay Plaintiffs' additional legal fees in the amount of $750.00. 34. If Defendants did not vacate the premises by February 2, 2010, Plaintiffs would be entitled to collect holdover rent in the amount of $2,000.00 per month. 35. Defendants breached the Second Addendum, by failing to provide Plaintiffs' realtor with the required information by January 26, 2010. 36. Despite their breach of the Second Addendum, Defendants failed to vacate the Property by 12:00 p.m. on February 2, 2010 as required and remain in possession of the Property as holdover tenants. 37. As the result of Defendants' breach of the Second Addendum and their status as a holdover tenants, Defendants are required to (1) pay Plaintiffs' additional legal fees in the amount of $750.00 and (2) pay rent in the amount of $2,000.00 per month from February 2, 2010 until such time that they are ejected from the Property. WHEREFORE, Plaintiffs Arun Kapoor and Anita Kapoor respectfully request that this Honorable Court enter judgment against Defendants Timothy Keane and Natalie Keane in an amount less than $50,000.00, together with lawful interest thereon, attorneys' fees, costs of suit and any other relief that this court may deem necessary and appropriate. COUNT III Uniust Enrichment 38. Plaintiffs hereby incorporate by reference paragraphs 1 through 37 of the within Complaint as if fully set forth herein. 6 39. Defendants have been receiving the benefit of possession and occupancy of the Property from June 16, 2009 to the present. 40. Defendants have refused to compensate Plaintiffs for the benefit of their possession and occupancy of the Property since November 1, 2009. 41. Defendants have been and will continue to be unjustly enriched because they have been receiving the benefit of possession and occupancy of the Property without adequately compensating Plaintiffs. WHEREFORE, Plaintiffs Arun Kapoor and Anita Kapoor respectfully request that this Honorable Court enter judgment against Defendants Timothy Keane and Natalie Keane in an amount less than $50,000.00, together with lawful interest thereon, attorneys' fees, costs of suit and any other relief that this court may deem necessary and appropriate. Date: March 5, 2010 Respectfully submitted, SMIGEL, ANDERSON & SACKS, L.L.P. By: * dd Peter M. Good, Esquire I.D. Number: 64316 Jessica E. Mercy, Esquire I.D. Number: 206405 River Chase Office Center 4431 North Front Street Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiffs 7 Feb 26 0 01:23p A Kapoor 16103983238 p." I, Aran Kapoor, verify that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. 1 understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: b Anm Kapoor C,k,b-f R ,._, P;a??nr?Fl ? 7OI 06/0.5/2009 FRI 8:16 FAX 610 9738401 WSH REGISTRATION STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE This form recommended and approved for, butnotroartetad to use by, rho membars of tboPwosylvam'ra Assodnioo ofRBALTORSO (PAR). 2005/023 AIS-R SELLER'S BUSINESS RELATIONSHIP WITH PA LICENSED BROKER 2 3 4 5 6 7 8 2, 9 la 1I 12 13 14 3. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 BROKER (Company) Hooks, Hooke 6 Eckman PHONE (717) 249-1844 ADDRESS 320 s. Hanover 8G 17013 FAX (717)249-1822 LICENSEE(S)Denrtis Eckman John Ulah Designated Agent? ®YesEl No BROKER IS THE AGENT FOR SELLER. OR (if checked below): Broiler Is NOT the Agent for Seller and Is a/ant ?AGENTFOR BUYER [] TRANSACTION LICENSEE BUYER'S BUSINESS RELATIONSHIP WITH PA LICENSED BROKER BROKER (Company) Re/Idax let: Advantage Meoh=ioaburq 17050 PHONE (717) 591-7818 ADDRESS 6375 hasrearv Dr. 17050 FAX ,(717)591-7273 LICENSIKEM Chandler Lawns Designated Agent? ® Yes Q No BROKER IS THE'AGRNT FOR BUYER. OR (if checked below): Broker Is NOT the Agent for Buyer and Is a/ant © AGENT FOR SELLER ? SUBAGENT FOR SELLER ? TRANSACTION LICENSEE When the same Broker Is Agent for Suer and Agent for Buyer, Broker is a Pool Agent Ail of Broker's licensees are also Dual Agents UNLESS there are separate Designated Agents ibr Buyer and Seller. Uthe same Licensee is designated for Sefier and Buyer, the Licensee Is a Dual Agent This Agreement, dated aWA 33. 2002 , is between SELLER(S). A= Anita Ei M Na1's2x - , called "Seller," and BUYER(., Timo Natalie Rsans called "Buyer." PROPERTY (0-05) Seiler hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: ALL THAT CERTAIN lot or piece of ground with buildings and improvements thereon ermted, if any, known as., 71 Ashton St. Carlisle V& 17013 lu the HuniCIRAIUY of m County of Cumberland in the Commonwealth of Pennsylvania. Identification (erg., Tax W tk Parcel #; Lot, Block; Deed Book, Page, Recording Date): Baca 08090,1 5s 02 TBR11t~4 (9.OS) . (A) Purchase Pried $3,90 000, 00 hundred niaet t thQujIgnd 00/10x) U.%Dollarn, which will be paid to Seller by Buyer as ibllowr L Cash or chock at signing this Agreement: $ 2. Cash or chock within 2- days of the execution oftbis Agreement: S 20.000 - 00 3. Qsrh or Chock within 11, day of ingpeotiona $ 19,000.00 4. Cash or cashier's check at time of settlement: $ 351, 000.00 TOTALS 390,000.00 (B) Deposits paid by Buyer within 30 DAYS of settlement will be by cash or cashier's chock. Deposits, regardless of the form of payment and ft person designated as payee, will be paid in US, Dollars to Broker for Seiler (unless otixtowiso stated bee), , who will retain deposits in an escrow account until consummation or termination of this Agreement in conformity with all applicable, laws and regulations. Any check tendered as deposit monies may be held utuashed pending the acceptance of this Agreement, (C) SWWs written approval to be on or befbma: at A. 2002 (D) Settlement to boon J-Uly 24, 2009 , or before if Buyer and Seller agree. (E) Settlement will occur in the county where the Property is located or in an adjacent county, during normal business hours, unless Buyer gad Seller agroo otherwise. (F) Conveyance from Seller will be by fee simple deed of special watragty unless otherwise stated here: (0) Payment of transfer taxes will be divided equally between Buyer and Seiler unless otherwise stated hero. (H) At time of settlement, the following will be adjusted pro-rats on a deify basis between Buyer and Seller, reimbutsing whero applicable: ctv root taxes (see Infarmadon Regarding Reel Bstato Tames); rents; interests on mortgage assumptions; condominium fees and homeowner asso- xdation fees; water aad/or sewer fees, together with any other itcnabie mutiolpal savioe. All charges will be, pro-rated for the period(s) cov- ered, Seiler will pay up to sad Including the date of setdcmeat and Buyer will pay for all days following settlement, unless otherwise slated here: fuli 41 Buyer polinsylva"Im Association of RMTORSn TYM Veloe"r MerSMleO M tellnyHraM A/S-R Page 1 of 17 Seller Initials: Revised 9105 COPYRIGHT PENNSYLVANIA ASSOCIATION OF, 9105 M......,IT CIII Tofu v-, mmms Trf, W-r-a 06/05/2009 FRI 8:17 FAX 610 9738401 WSH REGISTRATION 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 2006/023 4. FEKTURES & PERSONAE. PROPEi2TY (945) (A) INCLUDED in this sale arc all existing items limult>ently installed In the Property. fret of liew, including plumbing; heating; fighting fix- tures (including chandeliers and coiling tins); water treahnent systems; pool and spa equipment; garage door openers and transmitters; tele- vision antennas; unpotied shrubbery, plantings and trees; any remaining heating and cooking fuels stored on the Property at the time of set- tlemeot; sump pumps; storage sheds; mailboxes; wall to wall carpeting; existing window screens, storm windows and aereenistorm doors; window covering hardware, shades and blinds; awnings; built-in air conditioners; built-in appliances; and the rengeloven unless otherwise stated. Also included: (B) LEASED items (not owned by Seller): (C) EXCLUDED fixtures and items: 5. DATESITIME IS OF THE ESSENCE (9-05) (A) The settlement date and all other dotes and times referred to for the performance of any of the obligations of this Agreement are of the essence and are binding. (B) For purposes of this Agreement, the number of days will be counted from the date of execution, excluding the day this Agreement was exe- outed and including the last day of the time period. The Execution Date of this Agreement is the date when Buyer and Seller have indicated full acceptance of this Agreement by signing and/or initialing it. All changes to this Agreerna t should be initialed and dated. (C) The settlement dato is not extended by any other provision of this Agreement and may only be extended by mutual written agreement ofthe parties. (D) Certain time podods am preprinted in this Agreement as a' convenience to the Buyer and Seiler. AD pre-printed time periods are negotiable and may be changed by striking out the pre-printed text and inserting a diffierent time, period acceptable to all parties. MORTGAGE CONTINGENCY (9.05) ® WAIVED. This sale is NOT contingent on mortgage financing, although Buyer may still obtain mortgage financing. ? ELECTED, (A) This sale is contingent upon Buyer obtaining morgago financing as allows: First Mortgage on the Property Second Mortgage on the Property Loan Amount $ Loan Amount $ Wnimum Term years Minimum Term years Type of mortgage Type. ofrnortgago 6. Mortgage lender Mortgage lender Interest rate %; however, Buyer agrees to accept the interest rate as may be committed by the mortgage lender, not to exceed a maximum interest rate of %. Discount points, loan origination, loan placement and other has charged by the leader as a percentage of rho mortgage loan (excluding any Mort- gage insurance premiums or VA funding tee) not to exceed % (0% if not specified) of the mortgage loan. Interest rate %; however, Buyer agrees to accept the interest rate as may be committed by the mortgage lender, not to exceed a maximum interest rate of %• Discount points, loan origination, loan placement and other foes charged by the leader as a percentage of the mortgage loan (excluding any more gage insurance premiums or VA fimdlog the) not to exceed (036 if not specified) of the mortgage loan. 81 The interest rate(s) and fee(s) provisions in paragraph 6 (A) am satisfied if the mortgage lender(s) gives Buyer the sight to guarantee the interest rate(s) 82 and fee(s) at or below the maximum levels stated. Buyer gives Seller the right, at Seller's sole option and as permitted by law and the mortgage 83 lender(s), to contribute finanoially, without promise of reimbursement, to the Buyer and/or the mortgage leader(s) to make the above mortgage terms 84 available to Buyer. 85 (B) Within days (10 if not specified) Ikom the Execution Date of this Agreenestt, Buyer will make a oompleted, written mortgage appli- 86 cadon for the mortgage terms stated above to the mortgage lendr:r(s) identified in paragraph 6 (A), if any, otherwise to a responsible mortgage 87 lender(s) of Buyer's choice, Broker for Buyer, If any, otherwise Broker for Seller, is authorized to communicate with the mortgage 88 Iender(s) to assist In the mortgage Ivan process. 89 (C) Should Buyer Atraish false or incomplete information to Seller, Broker(s), or the mortgage leader(s) concerning Buyer's legal or 90 6nanelal status, or fail to cooperate is pod faith in processing the mortgage loan appitcor"on, which results in the mortgage lender(s) 91 refusing to approve a mortgage loan commitment; Buyer will be in default of this Agreement, 92 (D) 1. Mortgage commitment dale: . if seller does not receive a copy of Buyet"s mortgage commitment(s) by this 93 date, Buyer and Seller agree to extend the mortgage commitment date until StHer terminates this Agreement by written notice to Buyer. 94 2. Upon receiving a mortgage commitment, Buyer will promptly deliver a copy of the commitment to Seller. 95 3. Seller may terminate this Agreement in writing after the mortgage commitment date, if hire mortgage commitment(s); 96 a, Is mot valid until the date ofsetdement, OR 97 b. Is conditioned upon the sale and statement orany other property, OR 98 a Does not satisfy all the mortgage mint its stated in paragraph 6 (A), OR 99 d. Contains any other condition not specified in this Agreement that is not saddled and/or removed in writing by ft mortgage Wader(s) 100 within 7 DAYS after the mortgage commitment date In paragraph 6 (D) (I), other cum those conditions that am oustom ul- 101 ly satisfied at or new settlement such as obtaining insurance and confirming employment status, 102 4. If this Agreement is terminated pursuant to paragraphs 6 (D) (1) or (3), or the mortgage loan(s) is not obtained for settlemeat; all deposit monies 103 will be returned to Buyer according to the tearer of paragraph 30 and this Agreement will be, VOID. Buyer will be responsible for any 005119 104 incurred by Buyer fbr any inspections or certifications obtained according to the terms of this Agreement, and any costs incurred by Buyer for. 105 (1) Title search, title insurance and/or mechanics' lien insurance, or any he for cancellation; (2) Flood insurance and/or fire insurance with 106 extended oov a subsidence insurance. or any fee for cancellation; (3) Appraisal fees and charges paid In advance to mortgage loaders. 107 Buyer llnltiala A!S-R Page 2 of 17 Seller Init ialss Revised 9/05 Produced with ZloForm®ty ZIDLOQIX 10070 Fiftmn Mile Road, Frasor, Mlchigsn 48028 www.2 Keane 06/0,5/2009 FRI 8:17 FAX 610 9738401 WSH REGISTRATION 108 109 110 III 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 0007/023 (13) If the mortgage knder(s), or an insurer providing property and casualty insurance as required by the mortgage lender(s), requires repairs to the pro", Buyer will, upon receiving the requirements, deliver a copy of the tequirements to Seller. Within 5 DAYS of receiving the copy of the requirements, Seller will notify Buyar whether Seller will make the required repairs at Seller's expense. 1. If Seller makes tho required repairs to the satisfaction of the mortgage lenda(s) or insurer, Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreement 2. If Seller will not make the required repairs, or if Seller fails to respond within the time given, Buyer will, within 5 DAYS, notify Seiler ofBuyees choice to: L Make the required repairs, at Buyer's exi mtse, with permission and access to the Property given by Seller, permission and access may not be unreasonably withheld by Seller, OIL b. Terntirtate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of this Agreement (F) Seller Assist ® NOT APPLICABLE ? APPLICABLE. Seller will pay: ? s . or % of Purchase Pdcc, maximum, toward Buyer's costs as acceptable to lira mortgage lender(s). FIIAPirA, IF APPLICABLE (G) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfelt ure of earnest money deposits or otherwise unless Buyer has been given, in accordance with HUDIPHA or VA requirements, a written statement by the Federal Housing Commissioner, Vetenats Administration, or a Direct Endorsement Lander setting forth the appraised value of the Property of not less than s (the dollar amount to be inserted is the sates price as stated in this Agreement). Bayer will have the privilege and option of proceeding with consummation Of the contract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to dctermiato the maximum mort- gage the Department of Housing and Urban Development will Insure. HUD does not warrant the value nor the condition of the Property. Buyer should satisfy himself/herself that the price and condition of tiro Property an acceptable, Warning: Section 1010 of Title 18, U.S.C., Department of Housing and Urban Development and Federal Housing Administration Transactions, provides, 'Whoever for the purpose of ... influencing in any way the action of such Department, makes, passes, utters or publishes any statement, knowing the same to be false... shall be toed under this title or imprisoned not more than two years, or both." (Ii) U.S. Department of Homing and Urban Development (HUD) NOTICE TO PURCHASERS: Bayer's Acknowledgement ? Buyer has received the HUD Notice "For Your Protection: Get a Homo Inspection." Buyer understands tho importance of getting an independent home inspection and has thought about this before signing this Agreement Buyer understnnds that PHA will not perform a home inspection nor guarantee the price or condition of the Property. (1) Certification We *a undaraigned, Seller(s) and Buyer(s) party to this transaction each certify that the terms of this contract for purchase are trace to the best of our knowledge and belief, and that any other agreement entered into by any of these parities in connection with this transaction is attached to this Agreement 143 7. WAIVER OF CONTINGENCIES (9-t15) 144 If this Agreement is contingent on Buyer's right to inspect and/or repair the pro", or to verify insurability, environmental conditions, 145 boundaries, certifications, zoning classiticatton or asp, or any other information regarding the Property, Buyer's failure to exercise any of 146 Bayer's options within the times set forth In this Agreement is a WAIVER of that contingency and Buyer accepts the Property and agrees to 147 the RELEASE In paragraph 27 of this Agreement. 148 8. PROPERTY INSURANCE AVARAB111W (9-05) 149 ? WAIVED. This Agreement is NOT contingent upon Buyer obtaining property and casualty insurance for the Properly. although Buyer may 150 still obtain property and casualty insurance. Is t ® ELECTED. Contingency Period: DAYS (15 if not speoified) from the Execution Dec of this Agreement. 152 Within the Contingency Period, Buyer will maim application for property and casualty insurance lbr the Property to a respoosible inner. Broker 153 for Buyer, if any, otherwise Broker for Seller, may communicate with the Insurer to aasW In the insurance process. If Buyer cannot obtain 154 property mid casualty insurance for the Property on terms and conditions reasonably acceptable to Bayer, Buyer will, within the Contingency 155 Period.- 156 (A) Accept the Property and agree to this RELEASE in paragraph 27 of this Agreement, OR 157 (B) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of this 158 Agreement, OR 159 (C) Enter Into a mutually acceptable written agreement with Seller. 160 If Buyer and Seller do not reach a written agreement during the Contingency Period, and Bayer does not terminate this Agreement by 161 written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE In paragraph 27 of this Agreement. 162 9. INSPECTIONS (9-09) 163 (A) Seiler will provide access to insurers' representatives and, as may be required by this Agreement, to surveyors, municipal officials, and inspect 164 tors. If Buyer is obtaining mortgage financing, Seller will provide access to the Property to appraisers and others reasonably required by mote 165 gage leader(s). Buyer may attend any Inspections. 166 (B) Buyer may make a pre-settlement walk-through inspection of the Property. Buyers right to this inspection Is not waived by any other provision 167 of this Agreement 168 (C) Seller will have heating and all utilities (including fuel(s)) on for all inspertions. 169 (D) All hnspoctors, including home iespectors, are authorlwd by Buyer to provide a copy of any inspection report to Broker for Buyer. 170 (E) Seller has the k upon request, to receive without charge a copy of any inspection report from the party for whom it was prepared. 171 Buyer Ink A/S-R Page 3 of 17 Sauer Initials Revised 9105 Produced with Zipform0 by zipiogk 18070 Fifteen We (toad, Fraser, Mchlean 48026 WWW;tboalxcwm Keane 06/05/2009 FRI 8:17 PAX 610 9738401 WSH REGISTRATION 0008/023 172 to, INSPECTION CONTINGENCY OPTIONS (9-0$) 173 The Inspection contingencies elected by Buyer in paragraphs 11-13 are controlled by the Options set fortis below. The time periods stated in 174 these Options will apply to all inspection contingencies in paragraphs 11-15 unless otherwise stated in this Agreements 175 Option 1. W lthio the Contingency Period, eta stated in paragraphs 11-15, Buyer will: 176 1. Accept the Property with the information stated in the report(s) and agree to the RELEASE in paragraph 27 of this Agreement. OR 177 2, if Buyer is not satisfied with the information stated in die report(s), terminate this Agreement by written notice to Seller, with all deposit 178 moaies manned to Buyer according to the terms of paragraph 30 of this Agreement, OR 179 3. Enter late a mutually acceptable written agreement with Seller providing for any repairs or improvements to the Property and/or any 180 credit to Buyer at settlement, as acceptable to the mortgage lender(s), if any. 181 If Buyer and Seller do not reach a. written agreement during the specified Contingency Period, and Bayer does not terminate this 182 Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE In paragraph 183 27 of this Agreement. 184 Option 2. Within the Contingency Period, as stated in paragraphs 11-15, Buyer will: 185 1- Accept the Property with the intimation stated in the teport(s) and agree to the RELEASE in paragraph 27 of this Agreement. OR 186 2. If Buyer b not satisfied with the information stated in the report(s), present the report(s) to Seller with a Written Corrective Proposal 187 ("Proposal") Ustog corrections and/or credits desired by Buyer. The Proposal may, bat is not required to, include the Dame of a prop- 188 erly licensed or qualified professional to peribrin the eonsotions requested in the Proposal, provisions for payment, including rows, and 189 a projected date for completion of the corrections. Buyer agrees that Seller will not be hold liable for corrections that do not comply with 190 mortgage lender or governmental requirements if perforated in a workmmd&e manner according to the terms of Buyer's Proposal, or by 191 a contractor selected by Buyer. 192 a. Within days (7 if not specified) of receiving Buyer's Proposal, Seiler will inform Buyer in writing of SOW s choice to, 193 (1) Satisfy the terms of Buyer's Proposal, OR 194 (2) Credit Buyer at settlement Or the oasts to satisfy the terms of Buyses Proposal, as acceptable to the mortgage lender(s), if any, OR 195 (3) Not satisfy *a terms of Buyer's Proposal and not credit Buyer at settlement for the costs to satisfy the terms of Bayer's Proposal. 196 b. If Seller agteas to satisfy the terms of Buyer's Proposal or to credit Buyer at settement as specified above, Buyer accepts the Property 197 and agroes to the RELEASE in paragraph 27 of this Agreement 198 c. If Seller chooses not to satisfy the tams of Buyer's Proposal and not to credit Buyer at settlement as specified above, or if Seller falls 199 to choose any option within the time given, Buyer will, within days (5 if not specified): 200 (1) Accept the Property with the information staled in the report(s) and agree to the RELEASE in paragraph 27 of this Agreement OR 201 (2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the tams of Para- 202 graph 30 of this Agreement, OR 203 (3) Enter into a mutually acceptable written agreement with Seller providing for any repairs or improvements to the Property and/or 204 any credit to Buyer at settlomout as acceptable to the mortgage li mdar(s), if say. 205 If Buyer and Seller do not reach a written agreement during the time specified in Option 2, 2. C., and Buyer does not ter. 206 minate this Agreement by written notice to Seiler within that time, Buyer will accept the Prop" and agree to the 207 RELEASE in paragraph 21 of this Agreement. 208 11. PROPERTY INSPECTION CONTINGENCY (9-05) (See Properly and Environmental Inspection Notices) 209 Buyer understands that property inspections, certifications and/or investigations can be performed by professional contractors, home laspectom 210 etegirters, architects and other properly licensed or otherwise qualified professionals, and may include, but are not limited to: structural compo- 211 hones; roof; exterior windows and exterior doors; exterior siding, fascia, gutters and downspouts; swimming pools, hot tubs and spas; appliances; 212 eleotirical, plumbing, heating and cooling systems; water penetration; environmental hazards (e g., mold, fltngi, indoor air quality, asbestos, under- 213 ground storage tanks, eta); electromagnetic fields; wetlands inspection; flood plain verification; proporty boundtay/sgharo footage verification; 214 and say other items Buyer may scloct Buyer is advised to invastigato easemetta, decd and use restrictions (including any historic preservation 215 restrictions or ordinances) that apply to the Properly and to review local zoning ordinances. Other provisions of this Agreement may provide for 216 Inspections, certifications and/or investigations that are not waived or altered by Buyer's election here. 217 50 WAIVED, Buyer has the option to conduct property inspections, certifications and/or investigations. Buyer WAIVES THIS OPTION and 218 agrees to the RELEASE is paragraph 27 of this Agreernent, 219 ? ELECTED. Contingency Period: days (15 if not specified) from the Execution Date of this Agreement 220 (A) Within the Contingency Period, Buyer, at Buyees expense, may have inspections, certifications and/or investigations completed by proper- 221 ly licensed or otherwise qualified professionals, if Buyer elects to have a honkie inspection of the Property, as defined in the Pennsylvania Home 222 Inspection Law (see Information RMwditng the Home Inspection Law), the home inspection must be performed by a tWI member In good stand- 223 ing of a national homy inspection association or a person supervised by a full member of a national home Inspection association, in accordance 224 with the ethical standards and code of conduct or practice of that association, or by a properly licensed or registered professional engineer, or a 225 properly domed or registered architect This contingency does not apply to the following existing conditions and/or items: 226 227 228 (B) If Buyer is not satisfied with the condition of the Property as stated in the written inspection report(s), Buyer will proceed under one of the fbl- 229 lowing Options as listed in paragraph 10 within the Contingency Period: 230 ? Option 1 231 ? Option 2 For the purposes of Paragraph 11 only, Buyer agrees to accept the property with the results of any report(s) and agrees to 232 the RELEASE in paragraph 27 of this Agreement if ere toter cost to correct the conditions stated in the report(s) is less than 233 $ (So if not speoiflod) (the "Deductible Amount"). Otherwise, all provisions of paragraph 10, Option 2, shall 234 apply, except tat Seller will be deemed t0 have satisfied the tunas of Buyer's Proposal If Seller agrees to perform corrections 235 or offer credits such that the caumalative costof ai ty uneoneeted or unedited oonditioa(s) is equal to the Deductible Amount 236 Bayer linitials. A/S-R Page 4 of 17 Revised 9105 Seller IniN? 0,Ms".nA Aih 7:nFnnnta itv 7161.naix 18070 Mean Me Road. Fraser, Mlahlgan 48028 www tz aloaix corn Keane 06/05/2009 FRI 8:18 FAX 610 9738401 WSH REGISTRATION 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 261 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 ®009/023 12. WOOD INFESTATION INSPECTION CONT94GMCY (9-05) x? WAIVED. Buyer has the option to have the Property inspected for wood infestation by an inspcotor certified as a wood-destroying Pests pesti- cide sppliostor. BUYER WAIVES THIS OPTION and agrees to the RELEASE In paragraph 27 of this Agreement ? ELECTED. Contingency Period: days. (15 elf not specified) from the Execution Dale of this Agrosmat. (A) Within the Contingency Period, Buyer, at Boyer's expense, may obtain a written "Wood-Destroying Insect Infestation Inspection Report' from an inspector catitied as a wood-destroying posts postioide applicator and will deliver it and all supporting documents and drawings pro- vidcd by the inspector to Seller. The report is to be made satisfactory to and in compliance with applicable laws, mortgage lender requirements, and/or Federal Insuring and Guaranteeing Agency requirements, if any. The inspectlon Is to be limited to all readily visible and accessible areas of all structures on the Property exceptfences and the following structures, wbich will not be inspected: _ (B) If the inspection reveals alive inhstation(s), Buyer, at Buyer's expense, may witihr the Contingency Period, obtain a Proposal from a wood- deslroying pests Pesticide appliator to treat the Property. (C) If tM iuspootion reveals damage from active or previous infestation(s), Buyer, at Buyeea expense, may within the C:ontlageacy Period, obtain s written report from a professional contractor, home inspector or structural engineer that is limited to structural danno to the Property caused by wood-destroying organisms and a Proposal to repair and/or treat the Property. (D) If Buyer is not satisfied with the owdition of the Property as stated in the written inspection report(s), Buyer will proceed under one of the fol- lowing Options as listed in paragraph 10 within the Contingency Period: ? Option 1 ? Option 2 13. STATUS OF RADON (9-0." (see Information Regarding Radon) (A) Seller has no knowledge concerning the presence or absence of radon unless chocked below: ? 1. Seller has knowledge that the Property was tested on the dates, by the methods (e.g., charcoal canister, alpha track, etc. and with the results of all testa indicated below: DATE TYPE OF TEST RESULTS (picoCtaics/liter or working levels) ? 1 Sella has knowledge that the Property underwent radon reduction measures on the date(s) and by the metbod(s) indicated below: DATE RADON REDUCTION METHOD COPIES OF ALL AVAILABLE TEST REPORTS will be delivered to Buyer with this Agreement SELLER DOES 140T WARRANT EITHER THB METHODS OR RESULTS OF THE TESTS. (B) RADON INSPECTION CONTINGENCY ® WAIVED. Buyer has the option to have the Properly inspected for radon by a oertified inspector. BUYER WAIVES THIS OPTION and agrees to the RELEASE in paragrraph 27 of this Agtewnent. ? ELECTED. Contingency Period: days (15 if not specified) from the Execution Date of this Agrearnent Within the Contingency Period, Buyer, at Buyer's expense, may obtain a radon teat of the Properly from a acetified inspector. If Seller performs any radon remedktion, Seller will provide Buyer a ecrtifitauion that the remediation was performed by a properly licensed and oertiified radon mitigation company. 1. If the written best report reveals the presence of radon below 0.02 working levels or 4 picocuries/liter (4 pCl/Q. Buyer sompts the Property and agrees to the RELEASE in paragraph 27 oftbis Agreement 2. If fie written bast report reveals the presence of radon at or exceeding 0.02 working levels or 4 picoCuries/litor (4 pCVL), Buyer will proceed under one of the following Options as listed in paragraph 10 within the Contingency Period: ? Option 1 ? Option 2 14. STATUS OF WATER (9-05) (A) Seger represents that the Property is served by: ? Public Water d Oa-site water ? Community Water ? None (B) WATER SERVICE INSPECTION CONTINGENCY WAIVED. Buyer bas the option to base an inspection of the quality and or quantity of the water system for the Property. BUYER WAIVES THIS OPTION and agrees to the RELEASE in paragraph 27 of this Agreement. ? ELECTED. Contingency Period: days (I5 if ac t aiwifled) franc the Execution Date of this Agreement. I. Within the Contingency Period, Buyer, at BtWs expeaso, may obtain on inspection of the quality and/or quantity of the wooer system ftom apropaly gowned or otherwise qualified waber/well tasting company. 2. If required by the Inspection company, Seller, at Seller's expense, will locale and provide access to the on-site (or Individual) water system. Seller also agrees to restom the Property, at Seller's expense, prior to settlement. 3. If Buyer is not satisfied with the condition of the water system as stated in the written Inspection report(s), Buyer will Proceed under one ofthe foilowtog Options as listed in paragraph 10 within the Contingency Period: ? Option 1 ? Option 2 301 lauycr Tn1 A/S-R Page 5 of 17 Revised 9/05 Seller Iuitla Produced wln?ZlpFom'D by z[ptoBlx 18070 Fifteen Mils Road Fraser. MldtfAan 48020 www.z tlgix.com Keane 06/0 /2009 FRI 8:19 FAX 610 9738401 WSH REGISTRATION 2011/023 369 (C) In the event any notices (including violations) and/or assessments ate received after Seller has signed this Agreement and before settlement, 370 Seller will provide a copy of the notices and/or assessments to Buyer and will notify Buyer in writing within 5 DAYS of receiving the 371 notices and/or assessments that Seiler will: 372 1. Fully comply with the notices and/or assessments at Seller's expense before settlement. If Seller fully complies with the notices and/or 373 assessments, Buyer accepts the Property and agrees to the RELBASB in paragraph 27 of this Agreement. OR 374 2. Not comply with the notices and/or assessments. If Seller oheoees not to comply with the notices and/or assessments. or faits within the 375 time given to notl* Bayer whether Seiler will comply, Buyer will notify Seller in writing within 5 DAYS diet Buyer will: 376 a, Comply with the notices and/or assessments at Buyer's expense, accept the Property, and agree to the RELEASE in paragraph 27 of 377 this Agreerneat, OR 378 b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 379 30 of this Agreement. 380 If Buyer fails to respond within the time stated in paragraph 18 (C) (2) or fatly to terminate this Agreement by written notice to 381 Seller within that time, Buyer will accept the Property and agree to the RELEA8E in paragraph 27 of this Agreement. 382 (D) If required bylaw, within _ 30 DAYS from the Execution Date of this Agmcment, but in no case later than 15 days prior to settloment, Seller 383 will order at Seller's expense a certification from the appropriate municipal department(s) disclosing notice of any uncorrected violations of zon- 384 ing, housing, building, safoy or fire ordinances and/or a Certificate permitting occupancy of the Property. If Buyer receives a notice of any 385 required npairslimpravameWS, Buyer will promptly deliver a copy of the notice to Seller. 386 1. Within 5 DAYS of roceiving notice from the municipality that repaits/improvemcnts am required, Seller will notify Buyer in writ- 387 ing that Seller will: 388 a. Make the required repairalitnprovemeats to the satioNction of the municipality. If Seiler makes the required repairs/improvements, 389 Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreement, OR 390 b. Not make the required mpairWimprovements. It Seller chooses not to make the required repairs/improvements. Buyer will notify 391 Seller in writing within 5 DAYS that Buyer will: 392 (1) Mako the repairdimprovements at Buyers expense, with permission and access to the Property given by Seller, which will not 393 be unreasonably withheld. OR 394 (2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of para- 395 graph 30 of this Agreement 396 If Bayer fitils to respond within the time stated In paragraph 18 (D) (1) (b) or falls to terminate this Agreement by written notice 397 to Seller within that time, Buyer will accept the Property and agree to the RELEASE to paragraph 27 of this Agreement, and Buyer 398 accepts the responsibility to perform the repabv/improvements according to the terms of the notice provided by the municipality. 399 2, If Seller denies Buyer permission to make the required repairwimprovements, or does not provide Buyer aces before settlement to make 400 the required repairdimprovements, Buyer may, witban 5 DAYS, terminate this Agreement by written notice to Seller, with all deposit 401 monies raWmed to Buyer according to the terms of paragraph 30 of this Agreement 402 3. If repeirsfimprovements are required and Seller Wis to provide a copy of the notice to Buyer as required in paragraph 18 (D), Seller will 403 perform all repairslimprovements as required by the notice at Selkes expense, Paragraph 18 (D) (3) will survive settlement. 404 (E) Aces to a public road may require issuance of a highway occupancy permit from the Department of Transportation. 405 19. TITi E, SURVEYS & COSTS (9-8S) 406 (A) The Property will be conveyed with good and marketable title as is insurable by a reputable title insurance company at the regular rates, See 407 and clear of all Itus, encumbrances, and easements, EXCEPTING HOWEVER the following: existing deed resttiotions; historic preservation 408 restrictions or ordinances; building restrictions; ordinanew, easements of roads; easements visible upon the ground; casements of momd; and 409 privileges or rights of public service companies, if any. 410 (B) Buyer will pay for the following: (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; 411 (2) Flood insurance, fire Insurance with extended coverage, mine subsidence insurance, or Day fee for cancellation; (3) Appraisal fees and 412 chargos paid in advance to mortgage lender(s); (4) Buyer's customary settlement costs and accruals. 413 (C) Any surrey or surveys required by the title insurance company or the abstracting attorney fbr preparing an adequate legal description of the 414 Property (or the correction thereof) will be obtained and paid for by Seller. Any survey or surveys desired by Buyer or required by the mortgage 415 lender will be obtained and paid 1br by Buyer. 416 (D) If Seller is unable to give a good and marketable title and such as is insurable by a reputable title Insurance company at the regular rates, as speei- 417 fled in piaragraph 19 (A), Buyerwill: .418 1. Accept the Property with such title as Seiler can give, with no change to the purchase price, and agree to the RELEASE in paragraph 27 of this 419 Agreement, OR 420 2, Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of 421 this Agreement Upon termination, Seller will reimburse Buyer for any costs incurred by Buyer for any inspocthms or certifications obtained 422 according to the tams ofthis Agreement, and for those items specified in paragraph 19 (B) items (1), (2), (3) and in paragraph 19 (C), 423 (E) The Property is not a "reortational Cabin" as defined in the Pennsylvania Construction Code Act unless otherwise stated here (sot Information 424 Regarding Reoreationd Cabins): 425 20. CONDOMINTUMIPLANNED COMMUNITY (HO1V,[EOWNER ASSOCIATION) RESALE NOTICE (9.05) 426 ? NOT APPLICABLE 427 ? APPLICABLE: CONDOhMO M. The Property is it unit of a condominium that is primarily run by a unit owners' association. §3407 of the 428 Unitbrm Condominium Act of Pennsylvania (see lnfbrmation Regarding Condominiums and Planned Communities) requires Seller to fwnish 429 Buyer with a Certificate of Resale and copies of the condominium declaration (other than plats and plans), the bylaws and the rules and regu- 430 lations ofthe association. 431 ? APPLICABLE: PLANNED COhOdLIP ITY (H0Tv1EOWNER ASSOCIATION). The Property is part of a planted community as defined by 432 the Uniform Planned Community Act (see Information Regarding C(mdomintams and Planned Communities). §5407(x) of tine Act requires 433 Seller to fiunish Buyer with a copy of the Declaration (other than plats and plaws the bylaws the rules and regulations of the association, and 434 a Certificate containing the provisions set forth in §5407(a) of the Acct 435 Buyer Initials: M? A/S.R Page 7 of 17 Seller Initials: ?? Revised 9/05 • •.. n. .- ..a r.. ?,-1 ...,.. ?nN•1,. 1?,4--- „fl.. -- C-- 11A14,1 nn AOf19R .an,n,. ?I,11 nI.IVMm V"nn 06/05/2009 FRI 8:19 FAX 610 9738401 WSH REGISTRATION 2012/023 436 TSB FOLLOWING APPLIES TO PROPERTIES THAT ARE PART OF A CONDOMINIUM OR A PLANNED COMMUNITY. 437 (A) within 15 DAYS from iho Execution Data of this Agreement, Setter, at Seller's expense, will request ffom the association a Certificate of 438 Resale and any other documents necessary to eusbie Seller to comply with the relevant Act. The Act provides that the association is required to 439 provide these documents within 10 days of Seller's request. 440 (B) Salter will promptly deliver to Buyer all documents received frrom the association, Under the Act, Seller is not liable to Buyer for the failure of 441 the association to provide the Certfieak in a timely manner, nor is Seiler liable to Buyer 1br any incorrect information provided by the associ- 442 ation in the Certificate. 443 (C) The Act provides that Buyer may declare this Agreement VOID at any time botbm Buyer receives the association documents and for 5 days 444 after receipt, OR until settlement, whichever occurs first, Buyer's notice to Seller must be in writing; upon Buyer declaring this Agreement void, 445 all deposit monies will be returned to Buyer according to the terms of paragraph 30 of this Agreement. 446 (D) If the association has the right to buy the Property (right of first refusal), and the association exercises that right, Seller will reimburse Buyer for 447 any costs incurred by Buyer ibr any inspections or certifications obtained according to the. terms of the Agreement; and any costs incurred by Buyer 448 for. (1) Title search, tilde insurance and/or mcohwi4 Ilan ir"mce, or any The for cancellatdon; (2) Flood insurance mWor fire insurance with 449 extended ooveraga, mine subsidence insurance, or any fee for cancellation; (3) Appraisal foes and charges paid in advance to mortgage lender(s). 450 21. MAINTENANCE & RISK OF LOSS (9-05) 451 (A) Seller will maintain the Property, grounds, fixtures and personal property specifically listed in this Agreement in its present condition, normal 452 wear and tear excepteA 453 (B) If any system or appliance included to the sale of the Property fails before settlement, Seller wilt: 454 1. Repair or replace the failed system or appliance before settlement OR 455 2. Provide prompt written notice to Buyer ofSe@ces decision to: 456 a. Credit Buycr at settlement for the fair market value of the failed system or appliance. as acceptable to the mortgage lender(s), if any, OR 457 b. Not repair or replace the failed system or appliance, and not credit Buyer at settlement for the hair market value of the tailed system 458 or appliance. 459 3. If Seller does not repair or replace the failed system or appliance or agree to credit Buyer for its fair market value, or if Seller fails to noti- 460 fy Buyer of Setter's choice, Buyer will notify Seiler in writing within 5 DAYS or before settlement, whichever is earlier, that Buyer 461 will: 462 a. Accept the Property and agree to the RELEASE In paragraph 27 of this Agreements OR 4,63 b. Terminate this Agreement by written notice to Seiler, with ail deposit monies retraced to Buyer according to the forms of paragraph 464 30 of this Agreement. 465 (C) Seiler bears the ride of loss from fire or other casualties until settlement. If any property included in this We is destroyed and notreplaced, Buyer will: 466 1. Accept the Property in its then current condition together with the proceeds of any insurance recovery obtainable by Seiler, OR 467 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the farms of paragraph 30 of 468 this Agreement 469 22. COAL NOTICE (Where Applicable) 470 THIS DOCUMW MAY NOT 8611, CONVEY, TRAiWEV, INCiJDE OR INSURE THE TALE TO THE COAL AND RIGHTS OP SUPPORT UNDERNEATH TO SURFACE LOO 471 DESCR ED OR RnFBRM TO 1110M, Aim TIM OWNER OR OWNERS OF SUCH COAL MAY HAVE TIC COivIKXM LEGAL RWW TO REMOVE ALL SUCH COAL AND 472 IN THAT CONN®CMN. DAMACS MAY RESULT TO TtIR SURFACE OF TO LAND AND ANY HOUSE, MAXDWO OR OTM SIRUCrURE ON OR IN SUCH LAND. (This 473 notice is act forth in the manner provided in Section I of this Act of July 17, 1957, P.L. 984.) "Buyer acknowledges that he may not be obtaining the 474 right of protection against subsidence resulting from coal mining operations, and that the property described herein may be protected fdom damage 475 due to mine subsidence by a private contract with the owners of the eeonomie intarests in the coal. This acknowledgement is made for the purpose 476 of complying with the provisions of Section 14 of the Bituminous Mme Subsidence and the Land Conservation Act of April 27, I966." Buyer agrees 477 to sign The decd from Seller which deed will contain the aforesaid provision. 478 23. POSSESSION (9-05) 479 (A) Possession is to be delivered by deed, keys and: 480 1. Physical possession to vacant Property free of debris, with all structures broom-clew, at day and time settlement, AND/OR 481 2. Assignment of any existing lease(s), together with any security deposits and interest, at day and time of settlement, If Property is leased at 482 the execution of this Agreement, unless otherwise stated in this Agreement. 483 (B) Buyer will acknowledge existing lease(s) by initialing the lease(s) at the execution of this Agrxmerrt; unless otherwise specified herein. 484 (C) Setter will not enter into any new leases, extensions of existing leases or additional leases for the Property without the written consent of Buyer. 485 24. RECORDING (9-03) This Agreement will not be recorded in the Office of the Recorder of Deeds or in any other office or place of public record. 486 If Buyer causes or permits this Agreement to be recorded, Seiler may elect to treat such act as a breach of this Agreement_ 487 25. ASSIGNMENT (9-05) This Agreement is binding upon the parties, their heirs, personal representativ4s, guardians cad successors, and to the extent 488 assignable, on the assigns of the parties hereto. Buyer will not trmsfer or assign this Agreement without the written consent of Seller unless other- 489 wise stated in this Agreement. 490 26. GOVERNING LAW, VENUE & PERSONAL 3URLSDIC170N (9-05) 491 (A) 'the validity and construction of this Agreement; and the rights and duties of the panics, will be governed in accordance with the laws of the 492 Commonwealth of Pennsylvania. 493 (B) The pardos agrees that any dispute, controversy or claim aristng under or in connection with this Agreement or its performance by either party 494 shall be decided exclusively by and in the state or federal courts sluing in the Commonwealth of Pennsylvania. 495 27. RELEASE (9-05) 496 Buyer rreltases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES and any OFFICER or 497 PARTNER of any one of them and any other PERSON, FIRM or CORPORATION who may be habit by or through them, from any and 498 all claims, losses or demands, including, but not limited to, personA injury and property damage and all of the consequences thereof, whether 499 known or not, which tray arise from the presence of termites or other wood-boring Inserts, radon, lead-based paint hazards, mold, fit* or 500 indoor air quality, environmental hazards, any defeets in the individual on-lot sewage disposal system or deficiencies in the, on-site water 501 service system, or any defects or condiffous on the Property. Should Seller be hi default wader the terms of this Agreement, or In violation of 502 any seller disclosure law or regulation, this release does not deprive Bayer of any right to pursue any remedies that may be available under 503 law or equity. This release will survive settlement: 504 Buyer rl? A/&R Pate 8 0f17 Seller Iatiirrtsr??/%/JI'= 06/05/2009 FRI 8:19 PAX 610 9738401 WSH REGISTRATION 2013/023 505 28. REPRESENTATIONS (9-05) $06 (A) All raprh aentations, claims, advertising, promodoual activities, brochures or plans of any kind made by Seller, Brokers, their licensees, employ- 507 em office s or partners are not a part of this Agreement unless expressly incorporated or stated in this Agreement. This Agreement contains the $08 whole agreement between Seller and Buyer, and there are no other terms, obligations, covenants, representations, statements or conditions, oral 509 or otherwise, of arty kind whatsoever concerning this sale. This Agreement will not be altered, amended, changed or modified except in writing 510 executed by the parties. $11 (B) Unless otherwise stated in this Agreement, Buyer has Inspected the Property (Including fixtures and any personal property specifically 512 listed heron) before signing this Agreement or has waived the right to do so, and agrees to purchase at, Property IN ITS PRESENT 513 CONDITION. Buyer acknowledges that Brokers, their licensees, employees, officers or partners have not made an Independent cram- 514 iuation or dekrmleation of the structural soundness of the Property, the age or condition of the components, environmental conditions, 515 the permitted uses or of conditions exWing in the [oak where the Property Is situated; nor have they made a mechanical Inspection of 516 any of the systems contained therein. 517 (C) Any repairs required by this Agreement will be completed in a workmanlike manner. 518 (D) Broker(s) have provided or may provide services to assist unrepresented parties in complying wish this Agreement. 519 29. DEFAULT (9405) 520 (A) Seller has the option of retaining all sums paid by Buyer, including the deposit monies, should Buyer: 521 1, Fall to make any additional psyna* as specified in paragraph 3, OR 522 2. Flemish false or incomplete Information to Seller, Broker(s), or any otter party identified in this Agreement concerning Buyer's legal or 523 financial status, OR $24 3. Violate or Suit to fulfill and perlbtm any other tams. or conditions of this Agreement. 525 (B) Unless otherwise checked in paragraph 29 (C), Seller may elect to retain those sums paid by Buyer, including deposit monies: 526 1. On account of purchase price, OR 527 2. As monies to be applied to Seller's damages, OR 528 3. As liquidated damages for such breach, 529 (C) [R SELLER IS LIMITED TO RETAINING SUMS PAID BY BUYER, ]NCLUDING DEPOSIT MONIES, AS LIQUIDATED DAMAGES. 530 (D) If Seiler retains all sums paid by Buyer, Including deposit monies, as liquidated damages pursuant to paragraph 29 (B) or (C), Buyer and Seller 531 are rcossed from fluther liability or obligation cad Ibis Agreement Is VOID. S32 30. TERMINATION & RETURN OF DEPOSITS (945) 533 (A) Where Buyer terminates this Agreement pursuant to any right granted by this Agreement all deposit atones paid on account of purchase price 534 will be returned to Buyer and this Agreement will be VOID. The broker holding the deposit monies may only release the deposit monies accord- 535 ing to the terms of a fully executed written agreement between Buyer and Seiler and as permitted by the Rules and Regulations of the State Real $36 Estate Commission. 537 (B} If there is a dispute over anitfement to deposit monies, a broker is not legally permitted to determine if a breach occurred or which patty is eM- 538 tied to deposit monies. A broker hoddiag the deposit monies is required by the Rules and Regulations of the State Real Estate Commission to 539 retain the monies in escrow until the dispute is resolved. In the event of litigation over deposit monies, a broker will distribute the monies accord- 540 4 to the terms of a final order of court or a written agreement of the parties. Buyer and Seiler agree that, if any broker or affiliated licensee is 541 joined in litigation regarding deposit maim the attomesys' fees and costs of the broker(s) and licensee(s) will be paid by the party joining them. 542 31. REAP, ESTATE RECOVERY FMD (9.05) 543 A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final olvil judgment against a Pennsylvania reel estate licensee 544 owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been unable to collect the judgment after exhausting all legal 545 std equitable romodies. For complete details about the Fund, call (717) 783-3658 or (800) 822-2113 (witnbu Pennsylvania) and (717) 7834854 (out= 546 side Pennsylvania). $47 32, MEDIATION (9-45) 548 (A) Unless otherwise chocked in paragraph 32 (DJ Buyer end Seiler will submit all disputes or claims that arise Eton this Agreement to mediation $49 in accordance with the Rules and Procedures of the Home Sellers/Home Buyers Dispute Resolution System, Any agreement reached through 550 mediation and signed by the patties will be binding (see Information Regarding Medladon). $51 (B) Buyer and Seller have recolvad, read, and understand the Rules and Procedures of the Borne Saws/Home Buyers Dispute Resolution System. 552 (C) Any agreement to modiste disputes or caims arising from this Agreement wilt survive settlement. 553 (D) ? M0IATION IS WAIVED, Buyer end Settler understand that they may choose to modiste at a later date should a dispute or claim arise, 554 but that there will be no obligation for any party to do so. 555 33. RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT NOTICE (Reelulred for properties built before 1979) (9-05) 556 140-Based Paint Hazards Discasaere Requirements: The Residential Lead-Based Paint Hazard Reduction Apt requires any seller of prop- 557 erty built before 1978 to provide the buyer with on EPA-approved lead irazatet information pamphlet titled Protect Your Fandly from Lead in 5S8 Your Home and to disclose to the buyer and the broker(s) the known presence of lead-based paint and/or lead-based paint hazards in or on the 559 property being sold, along with the basis used for determining that the hazards exist; the location of the hazards, and the condition of painted sur- $60 fans. Any seller of a pre-1978 structure must also provide the buyer with any records or reports available to the seller regarding dead-based paint 561 andlor load-based paint hazards in or about the property being soled, the common amts, or other residential dwellings in multi-family housing. 562 Before a buyer is obligated to purchase any housing constructed prior to 1978, the Act requires the seller to give the buyer 10 days (unless buyer 563 and seller agree in writing to another time period) to conduct a risk assessment or inspection firer the presence of lead-based paint and/or lead- 564 bated paint hazards. The opportunity to conduct a risk assessment or inspection may be waived by the buyer, in writing. Neither testing nor abate- $65 meat is required of the seller. Housing built in 1978 or later is not subject to the Act, 566 N NOT APPLICABLE. Properly was built in 1978 or later. 567 ? APPLICABLE. Property was built before 1978. Broker must attach the Lead Based Paint Hazards Disclosure and Yaspection 568 Contingency Addendum (PAR Fenn LPA) or another acceptable lLrm with the Information required by the Act, and provide Buyer 569 the pamphlet Prokct Yanr Fand(yfromIe ird in Your Home Buyer(s) must InItinI below that they have received both document: 570 - - -0 Lead Bated Paint Hazards Aiscosur a and Inspection Contingency Addendum (attached as part of this Agreement). 571 ---0 _ ProteectYour FcmtlyfvinLeadinYour Hame A $72 Buyer Initials: si:= A/S.R Page 9 of 17 Seiler Initials: .- t Revised 9105 06/05/2009 kRI 8:20 FAX 610 9738401 WSH REGISTRATION ?,. 573 34. SPECIAL CLAUSES (142) 574 (A) The following are part Of this Agreement if checked: 575 ? Sale & Sa tlement of Other Property ? Settlement of Other Property Contingency Addeadum (PAR Form SOP) S76 577 Contingency Addendum (PAR Form SSP) ? Sala &Settlement ofOther propegConttngenay ? Tame-Oacupied Property Addendum (PAR Form TOP) ? 578 with Right to Continue Marketing ? 579 Addendwn (PAR Form SSP-CM) ? 590 (B) 581 58t?s Iona 584 586 C?AJS 587 589 589 590 591 592 593 594 595 596 597 598 Buyer and Seder acknowledge receipt of a copy of this Agreement at the time of signing ®014/023 urn' l'K i7 Q,csiness 599 NOTICE TO PARTIES' WM 81014ED, T]XlS AGRRMaNT IS A BINDING CONTRACT. Partta to this transaction are advised to consult 600 an attorney before signing Uthey desire legal advice. 601 Retarn by thcsi mile transmission (FAX) of this Agreement, and any addenda and amendments, bearing the signatures of all parries, constitutes 602 acceptance by the parties. 603 Bayer bas received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code 135.336. 604 ® Buyer has received a statement of Buyer's estimated closing costa before eigafing this Agreement. 605 ® Buyer has read and understands the notices and ciptanatory information in this Agreement. 606 ® Bayer has received a Seller's Property Disclosure Statement before signing this Agreement, if required by law (see lohrmation Regarding 607 the Rest Estate Seller Disclosure Law). 608 Qc Buyer has received the Deposit Money Notice (for cooperative sales whoa Broker for Scher is holding deposit money) before dgntag this 609 Agreement. 610 BUYER'S MAILING ADDRESS: 611 612 WPI'NESS 613 WITNESS 614 WITNESS U1t?$ DATE 06/0312009 BUYER DATE 06/03/2009 BUYER DATE 615 Seiler bas received the Consumer Notice ae adopted by the State Real Estate Commtssion at 49 Pa. Code 135.336. 616 Seller has received a statement of Seller's estimated closing costs before signing this Agreement. 617 Setter has read and understands the notices and explanatory information In this Agreement 618 SELLER'S MAILING ADDRESS: 619 620 W1TNF.8S _--LL(/-1- i`-?7?L 621 WITNM `$ - - t 622 WITNESS DATE SELLER DATE A/8-R Page 10 of 17 Revised 9105 06/0 /2009 FRI 8:20 FAX 610 9738401 WSH REGISTRATION Q015/023 COMMUNICATIONS WITH BUYER AND/OR SELLER Wherever this Agreement contains a provision that requites or allows communication/delivery to a Buyer, that provision shall be satisfied by eommunlcation/dalivery to the Broker for Buyer, if any. If there is no Broker for Buyer, those provisions may be satisfied only by communication/dellvery being made directly to the Buyer, unless otherwise agreed to by the pardw. Wherever this Agreement contains a provision that requires or allows communication/delivery to a Seller, that provision shall be satisfied by commmnication/dalivery to the Broker for Salim if any. If there is no Broker for Seiler, those provisions may be satisfied only by communieation/delivery being made directly to the Seller, unless otherwise agreed to by the parties. NOTICE REGARDING CONVICTED SEX OFFENDERS (MEGAN'S LAW) The Pennsylvania General Assembly has passed legislation (often referred to as "Megan's Law," 42 Pa.C.S. § 9791 at. seq.) providing for community notification of the presence of certain convicted sex offenders, Buyers are encouraged to contact the municipal polka department or the Pennsylvania State Police for information relating to the presence of sex offenders near a particular property, or to check the information on the Pennsylvania State Police Web site at www.pameganslaw.statepa us. 0MRMATION REGARDING REAL ESTATE TAXES (Paragraph 3: Terms) ' Real Estate 'l'ax Proration: For purposes of prorating real estate taxes, the "periods covered" by the tax bills are as follows: Municipal Taxes: For all counties and municipalities in Pennsylvania, tax bills are for the period Ianu I to Deccanber 31. School Taxes: For all school districts, other than the Philadelphia, Pittsburgh and Scranton s 'cts, the period covered by the tax bill is July 1 to June 30. For the Philadelphia, Pittsburgh and Scranton school bills are for the period January 1 to December 31. ., a 06/0,5/2009 FRI 8:20 FAX 610 9738401 WSH REGISTRATION ®016/023 PROPERTY& ENVIRONMENTAL, INSPECTION NOTICES (Paragraph 11: Properly Inspection Contingency) Flood Plains: If the Property is located Ina flood plain, Buyer may be required to carry additional insurance. Property Boundary / Square Footage: Seiler has not had the Property surveyed. Any fbnces, hedges, walls and other natural or constructed barriers may or may not represent the true boundary Lines of the Property. Any numerical representations of square footage of the structure(s) and/or lot size are approximations only and may be inaccurate. If Buyer wishes to verify the Property's boundaries or square footage, Buyer is advised to engage a professional surveyor or obtain an independent measurement of the structure(s) and/or lot size. Water Service: Buyer may elect to have the water service iaspecW by a professional waterfwell testing company. In addition, on-site water service systems may have to meet certain quality and/or quantity requirements set by the municipality or the mortgage lender, Wood-Destroying Insect Infestation: Insects whose primary source of food is wood, such as termites, wood-boring bectles, carpenter ants, carpenter bees and certain other insects, can muso damage to the wood structure of a residence. Termite and Post Control companies are available to inspect to determine whether wood-destroying insects are present. Because of the way these insects function, damage to wood may be hidden. Carefbl selection should be made of skilled experts in the trmaite/pest control field to insure proper determination of whether wood-boring insects or resultant damage is present. Exterior Insulation and Finish Systems (EM): Exterior Insulation and Finish Systems-so to as synthetic stucco-ire multi-layered wall systems applied to the exterior of some homes. Poor or improper installation of S oisturc penetrating the surface of a structure where it may cause damage to the building's frame. Leakage most fr equm windows, gutters, the roof connection and at the lowermost edge of the exterior surface. Vulnerability to leakage o d as well as the expertise and application skills of the contractor. Damage caused by water intrusion may be bo but may go undetected in the absence of an adequate Inspection. Buyers purchasing homes with E,IFS ex. • lry en peeler experienced in testing for WS-related problems who can determine the moisture content of the building' Asbestos: The twit-resistant and durable nature of asbestos p mical properties that give asbestos its resistance to heat and decay are linked with several adverse health eff , tos microscopic fibers that remain suspended in the air for long periods of time. When inhaled,'ihest fibers is known to cause Asbestosis and various forms of cancer. Inquiries or requests for more information abo be ed t U.S. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Ave., N.W., Washington, D.C. , an a Dap ant o Health, Commonwealth of Pennsylvania, Division of Environmental Health, Harrisburg, PA 17120. If& Electromagnetic Fields: E health risks does not exist at iir around all electrical appliances and power lines, Conclusive evidence that Elms polo laws regarding this issue. Environmental Hazards: 11o U.9 ronnaetrtai Protection Agency has a list of hazardous substances, the use and disposal of which are restricted by law. Generally, if hazardous sub are found on a property, it is the property owner's responsibility to dispose of them properly. For more information and a list of hazardous substances, contact the U.S. Envirormmemal Protection Agency Region 3, 1650 Arch Street (3PM52), Philadelphia, PA 19103.20029, (800) 438.2474. Wetlands: Wetlands are protected by the federal and state governments. Buyer may wish to hire an environmental engineer to investigate whether the Property is located in a wetlands area to determine if permits for plans to build, improve or develop the property would be affected or denied because of its location In a wetlands area. Mold, Fangl and Indoor Air Quality: Indoor mold contamination and the inhalation of bioaerosols (bacteria, mold spores, pollen and viruses) have been associated with allergic responses including upper respiratory caagestion, cough, mucous membrane irritadoa, favor, chills, muscle ache or other transient inflammation or allergy. Claims have been asserted that exposure to mold oontamination and bioaerosols has led to serious infection, immunosuppression and illnesses of nano or systemic toxicity. Sampling of indoor air quality and other methods exist to determine the presence and scope of indoor contamination. Because individuals may be affected differently, or not affected at all, by the presence of mold or other bioserosois, Buyer may wish to engage the services of a qualified professional to undertake an assessment and/or sampling of the Property. Assessments and samplings for the presence of mold and bionerosols can be performed by qualified industrial bygienfs% engirims, laboratories and home inspection companies that offer these services. Information about indoor air quality issues is available througb the U.S. Environmental Protection Agency and may be obtained by contacting IAQ INFO, P.O. Box 37133, Washington, D.C. 20013-7133,1-800-4384318. Buyer Initials :?? A/S-R Page 1x of 17 Seller Initials Revised 9/05 Aroduead urlah Z1oFern'A1) by IMLOOlx 18070 Fifteen Mlle Road, Fraser, Mlehtgan 48028 Vhffi&z aUg1K com Keane 06/05/2009 FRI 8:21 FAX 610 9738401 WSH RRGISTRATION 2017/023 INFORMATION REGARDING THE HOME INSPECTION LAW 68 Pa. C.S.A. §7501, et. seq. (Paragraph 11: Property Inspection Contingency) Applicability: The Home Inspection Law applies to "residential real estate lransfen)" defined as a We, cxchangq installment sales contract, lease with an option to buy, grant or other transfer of an interest in real property where NOT LESS THAN ONE AND NOT MORE THAN FOUR. RESIDENTIAL DWELLING UNITS are involved. (See Information Regarding The Real Estate Seiler Disclosure Law (exceptions I-8) for a list of exceptions to this general rule.) The following defialtions are taken from the text of the Home Inspection Law Home Inspection: A noninvasive, visual examination of some combination of the mechanical, electrical or plumbing systems or the structural and essential components of a residential dwelling designed to identify material defects in those systems and components, and performed for a fee in connection with or preparation for a proposal or possible residential real estate transfer. The tern also includes any consultation regarding the property that Is represented to be a home inspection or that Is described by any confusingly similar term. The term does not include an examination of a single system or component of a residential dwelling such as, for example, its electrical or plumbing system or its root The term also does not include an examination that Is limited to inspection for, or of, one or mare of the following: wood-destroying insects, underground tanks and wells, septic systems, swimming pools and spas, alarm systems, air and water quality, tennis courts and playground equipment, pollutants, toxic chemicals and environmental hazards. The scope of a home inspection, the services to be performed and the systems and oo to be inspected or excluded from inspection may be defined by a contract between the home inspector and the client. Home inspection report: A written report on the results of a home inspection. A home inspection report shall include: (1) A description of the scopo of the inspection, including without limitatio e s ements, systems and sub-systems covered by the report. (2) A description of any material defects noted during the insp n, wl ation that certain experts be retained to detotmiue the extent of the defects and any corrective be fate ' . at dcfocC' that poses an unreasonable risk to people on the property shall be conspicuously iden ' ell. A home inspector shall not express either orally o ' an of st to repair any defect found during a home inspection, except that such an estimate may be included in a home ' if-. (1) the report identifies the source o e ate; (2) the estimate is stated as a rang , d (3) the report states that th es ' d er ob an estimate from a contractor who performs the type of repair involved. Seller shall have the right, upon c charge a copy of any inspection report flora the party for whom it was prepared. Home Inspector- An individual wh ohms a home inspection. Nattonal home inspectors association: Any national association of home inspectors that: (1) Is operated on a not-for-profit basis and is not operated as a fianchlse. (2) Has members in more bran bon states. (3) Requires that a person may not become a full member unless The person has performed or participated in more than 100 home inspections and has passed a recognized or accredited examination testing knowledge of the proper procedures for conducting a home inspection. (4) Requires that its members comply with a code of conduct and attend continuing professional education classes as an ongoing condition of membership. A buyer shall be entitled to rely in good faith, without independent investigation, on a written representation by a home inspector that the home inspector is a full member in good standing of a national home Inspection association. Material defect: A problem with a residential real property or any portion of it that would have a significant adverse impact on the value of the property or that involves an unreasonable risk to people on the property. The tact that a structural element, system or subsystem is near, at or beyond the end of the normal useful life of such a structural element, system or subsystem Is not by itself a material defect. INFORMATION REGARDING RADON (Paragraph 13: Status of Radon) Radon is a natural, radioactive gas that is produced in the ground by the normal decay of uranium and radium. Studies indicate that extended exposure to high levels of radon gas can increase the risk of lung cancer. Radon can find its way into any air-space, including basements and crawl spaces and can permeate a structure. The U.S. Environmental Protection Agency (EPA) advises corrective action if the annual average exposure to radon is at or exceeds 0.02 working levels or 4 picoCurles/litcr (4pCi/L). If a house has a radon problem, It usually can be odred by increased ventilation and/or by preventing radon entry. Any person who tests, mitigates or safeguards it building for radon in Pennsylvania must be certified by the Department of Lrnvironmentel Protection. Information about radon and about certified testing or mitigation firms is available through Department of Environmental Protection, Bureau of Radiation Protection, 13th Floor, Rachel Carson State Office Building, P.O. Box 8469, Harrisburg, PA 17105-8469, (800) 23RADON or (717) 783-3 Buyer Initials A/S-RPage 13 of 17 Seller Initials Revised 9/05 06/05/2009 FRI 8:21 FAX 610 9738401 WSH RrGISTRATION 0018/023 SEWAGE NOTICES (Paragraph 25: Status of Sewer) NOTICES PURSUANT TO THE PENNSYLVANIA SEWAGE FACMITTIES ACT NOTICE 1: THERE IS NO CURRENTLY EXISTING COMMUNITY SEWAG)& SYSTEM AVAILABLE FOR THE SUBJECT PROPERTY. Section 7 of the Pennsylvania Sewage Facilities Act provides that no person shall install, construct, request bid proposals for construction, alter, repair or occupy any building or structure for which an individual sewage system is to be installed, without first obtaining a permit Buyer is advised by this notice that, before signing this Agreement, Buyer should conted the local agency charged with administering the Act to determine the procedure and requirements for obtaining a permit for an individual sewage system. The local agency charged with administering the Act will be the municipality where the property is located or that municipality working cooperatively with others. NOTICE Z: THIS PROPERTY IS SERVICED BY AN INDIVIDUAL SEWAGE SYSTEM INSTALLED UNDER THE TEN ACRE PERMIT MMPTION PROVISIONS OF SECTION 7 OF THE PENNSYLVANIA SEWAGE FACILITIES ACT. (Section 7 provides that a permit may not be required before installing, eoastnteting, awarding a contract for construction, altering, repairing or connecting to an individual sewage system where a ten-acre parcel or lot is subdivided from a parent tract after January 10, 19$7). Buyer is advised that soils and site testing were not conducted and that, should the system malfunction, the owner of the Property or properties serviced by the system at the time of a maUhnotion may be held liable for nation, pollution, public health hazard or nuisance which occurs as a result NOTICE 3: THIS PROPERTY IS SERVICED BY A HOLDING TANK (PER } TO WHICH SEWAGE IS CONVEYED BY A WATER CARRYING SYSTEM AND WHICH IS UCTEA TO FACILITATE ULTIMATE DISPOSAL OF THE SEWAGE AT ANOTHER S F Sewage Facilities Act, Seller must provide a history of the annual cost of maintaining the t d msta ecember 14, 1995, whichever is later. NOTICE 4: AN INDIVIDUAL SEWAGE SYSTEM HAS B AT ION DISTANCE FROM A WELL THAT IS an individual water supply or stem on lire tent tanks shall be 50 feet Subsection (c) of 073.13 states that REGULATIONS D THEREUNDER. Buyer Initial A&R Page 14 of 17 Seller Initials Revi"d 9105 PIZ Produced wfth ZipFOMO by Z1,0LOOIX 18070 Fffieen Mlb Road, Fraer, Mlahloan 45028 y+ww.zt291K.9911) xeane LESS THAN THE DISTANCE SFE ations at 25 Pa. Code §73.13 parfaining to minimum horizontal isolation distances provide gut on I es that the minimum horizontal isolation distance between the horizontal isolation distaa inai water pply or water suPP1Y system suction line and the perimeter of the absorption area shall be 10 NOTICES: TINS TAT Is IgEOIN IN PERMIT LIMITATIONS ARE IN EFFECT AND IS SUBJECT TO THOSE LiMITATIO ARE NOT AVAII.ABLE FOR THIS LOT AND CONSTRUCTION OF A STRUCTURE B AG8 FACILITI]gS MAY NOT BEGIN UNTIL THE MUNICH'ALTFY COMPLETES A MAJOR P MENT PURSUAN'T' TO THE PENNSYLVANIA SEWAGE FACILITIES ACT AND 06/0,5/2009 FRI 6:22 FAX 610 9738401 WSH REGISTRATION INFORMATION REGARDING RECREATIONAL CABINS (Paragraph 19: Title, Surveys & Costs) The following definitions and requirements are taken from the Pennsylvania Construction Code Act (35 P.S. §7210.101 et. seq.) A Recreational Cabin is a structure which is: (1) Utilized principally for recreational aetivity; (2) Not utilized as a domicile or residence for any individual for any time period; (3) Not utilized for commercial purposes; (4) Not greater than two stories In height, excluding basement; (5) Not utilized by the owner or any otber person as a place of employment; (6) Not a mailing address for bills and oorrespondence; and (7) Not listed as au individual's place of residence on a tax return, driver's license, on registration or voter registration. 0019/023 A recreational cabin may be exempt from the provisions of the Pennsylvania Construction Code Act if: (1) The cable is equipped with at least one smoke detector, one fire extinguisher and one carbon monoxide detector In both the kitchen and sleeping quarters; and (2) The owner of the cabin files with the municipality either: (a) An affidavit on a form prescribed by the Pennsylvania Department of Labor and Industry attesting to the tact that the cabin meets the definition of a "recreational cable" in Section 103 of the Act; or (b) A valid proof of insurance for the recreational cabin, written and issued by an insurer autWOO o business in ibis Commonwealth, stating that the structure meets the definition of a "recreational cabin" as defined in Sectio Act If a recreational cabin is subject to exclusion from the Pennsylvania Construction Co Po ership of the recreational cabin, written notice must be provided in the sales agreement and the deed that the r In. (1) is exempt from this Act; (2) May not be in aon:formance with the uniform construction code; and (3) Is not subject to municipal regulation. Failure to comply with this notice requirement shall render the sale v ' ' pt!on o INFORMATION REGARD ?„ O CANNED COMMUNITIES (Paragraph 20: Condotaain m weer Association) Resale Notice) . flaiti a on ominium The Uniform Condominium Act 2?fkwn, , ortions of which are designated for separate ownership and the remainder of which is designated for common the o of those portions. Real estate is not a condominium unless the undivided interests in the common elements arc vested! w Definition of a Planned Community The Uniform Planned CommunA"e fln "p lanned community" as real estate with respect to which a person, by virtue of ownership of an Interest In any portion of the reaor tray become obligated by covenant, easement or agreement imposed on the owner's interest to pay any amount for raw prop" taxes, maintenance, repalr, improvement, management, administration or regulation of any part of the real estate other than the portion or interest owned solely by the person. The term excludes a cooperative and a condominium, but a cooperative or condominium may be part of a planned community. For the purposes of this definition, "ownership" includes holding a leasehold interest of more than 20 years, including renewal options, in real estate. The term includes non-residential campground communities. Exemptions from the Uniform Planned Community Act and the Uniform Condominium Act: When a Certificate of Resale b NotRequiroed The owner of a property, located within a planned community is not required to furnish the buyer with a oertifleate of resale under the following circumstances: (1) The Planned Community/Condominium contains no more than 12 units, provided there is no possibility of adding real estate or subdividing units to increase the size of the planned community or condominium, (2) The Planned Community/Condominium is one in which all of the units are restricted exclusively to non-residential use, unless the declaration provides that the resale provisions are nevertheless to be followed. (3) The Planned Community/Condominium or units are located outside the Commonwealth of Pennsylvania. (4) The transfer of the unit is a gratuitous transfer: (5) The transfer of the unit is required by court order. (6) The transfer of the unit is by the government or a governmental agency. (7) The transfer of the unit is the result of foreclosure or in lieu of foreeiosuro. Notices Regarding Public Offering Statements and Right to Rescission If Seiler is a Declarant of the condominium or planned community, Seiler is required to furnish Breyer with a copy of the Public Offering Statement and its amendments. Por condominiums, the delivery of the Public Offering Statement must be made no later than the date the buyer executes this Agreement. Buyer may cancel this Agreement within 15 days after receiving the Public Offering Statement and any amendments that materially and adversely affect Buyer. For planned communities, the Declarant must provide the Buyer with a copy of the Public Offering Statement and its amendments no later than the date the Buyer executes this Agreement, Breyer may cancel this Agreement within 7 days after receiving the Public Oittring Statement and endments that materially and adversely affect Buyer. Buyer Wt., A13.1t Page 15 of 17 Seiler initials ?..? . Rcviaed 9105 Produced with ztpFo" by zlpLo9V t007o Fineon M11e Road, Fraser, M10gon 40028 I ppJx,cDrn Keane 06/05/2009 FRI 8:22 FAX 610 9738401 WSH REGISTRATION 0020/023 LEAD WARNING STATEMENT {FOR PROPERTIES BUILT BEFORE 1975) (Paragraph 33: Residential Lead-Based Paint Hazard Reduction Act Notice) Every purchaser of any Interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead polsoning. Lead poisoning in young children may produce permanent neurological damage, including leaming disabilities, reduced intelligence quoden4 behavioral problems, and Impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest In residential neap property is required to provide the buyer with any Information on lead-based paint hazards from risk assessments or inspections In the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based palat hazards is recommended prior to purchase. EMRMATION REGARDING THE REAL ESTATE SELLER DISCLOSURE LAW (Page 10; Signature Page) The heat Estate Seller Disclosure Law requires that before an agreement of sale is signed, the seller in a residential real estate tramsfor must make certain disclosures regarding the property to potential buyers in a form defined by the law. A residential real estate transfer is defined as a sale, exchange, installment sales eontrack lease with an option to buy, grant or other transfer of an interest in real property where NOT LESS THAN ONE AND NOT MORE THAN FOUR RESIDENTMI, DWELLING UNITS are involved. The Law defines a number of exceptions where the disclosures do not have to be made: I. Transfers that are the result of a court order. 1 Transfers to a mortgage lender that result from a buyer's default and subsequent foreclosu srpl om default. 3. Transfers from a co-owner to one or more other co-owners. 4. Transfers made to a spouse or direct descendant t 5. Transfers between spouses that result from divorce, legal separation or pro a 6. Transfers by a corporation, partnership or other association to its s or th ty owners as part of a plan of liquidation. 7. Transfer of a property to be dmnolished or converted to nea- e. 8. Transfer of unimproved rest property. 9. Transfera by a fiduciary during the administration o + conservatorship or trust. 10. Transfers of new construction that has never be when: a. The buyer has reoetved a ono-year coy n; b. The building has bow inspected p ce wl app ti a building code or, if none, a nationally recognized model building code; and c. A certificate of occupan cafe of coMP ance has been issued for the dwelling. Iu addition to these exceptions, r and cooperatives are limited to the seller's particular unit(s). Disclosures regarding common was or facilities are no see eats am already addressed in the laws that govern the resale of condominium and cooperative interests. Buyer Ini A/8-R Page 16 of 17 Seiler Initials ?f V Revised 9/05 Produced With ZIPFWAS by 240OU 18070 FIRM Mile Road, FraSOr, tV IPR 48028 z?o mbr.rnm Keane 06/05/2009 FRI 8:22 FAX 610 9738401 W'SH REGISTRATION 0021/023 INFORMATION REGARDING MEDIATION (Paragraph 32: Mediation) DISPUTE RESOLUTION SYSTEM RULES AND PROCEDURES 1. Agreement of Parties The Rules and Procedures of the Dispute Resolution System (DRS) apply when the parties have agreed in writing to mediate under DRS. The written agreement can be achieved by a standard clause in an agreement of sale, an addendum to an agreement of sale, or through a separate written agreement. 2. Initiation of Mediation If a dispute exists, any party may start the mediation process by submitting a completed Request to Initiate Mediation DRS Transmittal Form (Transmittal Form) to the local Association of REALTORS® (hereafter "Administrator"), The Transmittal Form should be available through the Administrator's office. The initiating party should try to include the following information when sending the completed Transmittal Form to the Administrator: a. A copy of the written agreement to mediate if there is one, OR a request by the initiating party to have the Administrator contact the other parties to the dispute to invite them to join the mediation process. b. The names, addresses and telephone numbers of the patties involved in the dispute, Including the name of every insurance company lmown to have received notice of the dispute or claim and the corresponding file or claim number. e. A brief statement of the facts of the dispute and the damages or relief sought. 3. Selection of Mediator Within five days of receiving the completed Transmittal Form, the Administrator will send each party to the dispute a copy of the Trammittal Form and a list of qualified mediators and their #8e schedule&. Rod party then has ten days to review the list of mediators, cross off the name of any mediator to whom the party objects, and return the list to the r. The Administrator will appoint the first available mediator who is acceptable to ail parties involved. . A mediator who has any financial or personal interest in the dispute or the results of I i 11 2;e as mediator to that dispute, unless all parties are informed and give their written consent, 4. Mediation Foes Mediation fees will be divided equally among the path b e ore conference. The parties will follow the payment terms contained in the mediator's foe schedule. 5. Time and Place of Mediation Conference Within tan days ap fed to i e mediator will contact the parties and set the date, time and place of the mediation conference. The t Ie ty 'days' advance notice to ail parties. The mediation conference should not be more than sixty days from is spute. 6. Conduct of Mediation Conference The ins left erenoe will be expected to: a. Have the authority to enter into v g t to a dispute, b. Produce all Information the to u" and the issues of the dispute. The hnf melon may include relevant written materials, descriptions o e d the t of air testimony. The mediator can require the parties to deliver written materials and information,j,the o . _ rgrodi - -conference. The mediator presiding ov : a. Will impartially co settlement negotiation. b. Will help the parties the tters in dispute and reach a mutually agreeable solution. c. Will have no authority der an opinion, to bind the parties to his or her decision, or to force the parties to reach a settlement. Formal rules of evidence viii not apply to the mediation conference. 7. Representation by Counsel Any party who hands to be accompanied to the mediation conference by legal counsel will notify the mediator and the other parties of the intent at least tent days before the conference. & Confidentiality No aspect of the mediation can be relied upon or Introduced as evidence in any arbitration, judicial or other proceeding. This includes, but is not limited to, any opinions or suggestions made by any parry regarding a possible settlement; any admissions made during the course of the mediation; any proposals or opinions expressed by the mediator; and any responses given by any party to opinions, suggestions, or proposals. No privilege will be affected by disclosures made in the course of the mediation. Transcripts or recordings of the mediation will not be allowed without the prior, written consent of all parties and the mediator. Records, reports, and other documents received or prepared by the mediator or Administrator cannot be compelled by an arbitration, judicial, or other proceeding, with the exception of an agreement that was reached in the course of mediation and signed by all the parties. Neither the mediator nor the Administrator can be compelled to testify in any proceeding regarding information given or representations made either in the course of the mediation or in any confidential communication. 9. Mediated Settlement When a dispute is resolved through mediation, the mediator will put The complete agreement in writing and all parties will sign the written agreement within ten days of the conclusion of the mediation conference. Every reasonable effort will bo made to sign the written agreement at the end of the conference. 10. Judicial Proeeedings and Immunity NEnmx TnE ADMNMRATOR, Tics MEDIATOR, THE NATIONAL ASSOCIATION OF REALTORS0, THE PRNNSYLvAw& AssomATToN op REALTORSO, NOR ANY OF ITS madm BOARDS, w m i. BE DBEbw NEcmARY OR INDHMsABLB PARTIES IN ANY RIDICIAL PROM DINGS RV.A.TTNG TO M$DIATION UNDER MM RULES AND PROCEDURSS, NOR WILL ANY OP 779M SERVING UNDER 7UM PROMURE8 BE LIABLE TO ANY PARTY FOR ANY ACT; ERROR OR OMISSION IN CoNNscTTON wrrH An =v= OR TTm OPERATToN OF Tim How Smima1HOME B YERs D1SPU OL ON SYSTEhC C? Buyer Initials A/8-RPage 17 of 17 Seller Initials Revised s/0S 06/Q5/2009 FRI 8: 23 FAX 610 9738401 WSH REGISTRATION IZO22/ 023 RESIDENTIAL LEAD-BASED PAINT HAZARDS DLSCLOSURE AND INSPECTION CONTINGENCY LPA ADDENDUM TO AGREEMENT OF SALE Lead Warning Statement Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase. LEAF-BASED PAINT HAZARDS DISCLOSURE AND INSPECTION CONTINGENCY ON PAGE TWO Buyer L?1 LPAPap1of2 Selterbidai . + PennaFyivautiatAssoala+tionof COPY MOTPFJMYLVANTAASSOCYATJONOPRFALTORM2Mi5 REALTORS* 9/05 n»ww.r«an s,nti.? a r?.ti. REWAX First Advantage 6375 Mercury DrMechaniosburg, PA 17050 Phono:(717) 591- 7818 Pew. (717)591-7273 Chandler Lewis Keene Prodboed wMh Z0F0rm®by XlpLo91X 18070 Mean We Road, Fraser, M1cN9a048028 w ww.xloLookoom 05/05/2009 FRI 8:23 FAX 610 9738901 WSH RrGISTRATION ®023/023 PROPERTY SELLER Arun Anita Wyn Kapoor --i------ BUYER Timot:hv, Natalie Keane DATE OF AGREEMENT ,haze 3 2009 1• SELLER'S DISCLOSURE 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. ? Seller has knowledge of the presence of lead-based paint and/or lead-based paint hazards in or about the Property. (Provide the basis for determining that lead-based paint and/or baxards exist, the location(s), the condition of the painted surfaces, and other available information concerning Seller's knowledge of the presence of lead-based paint and/or lead-based paint hazards.) 2. SELLER'S RECORDS/REPORTS Seiler has no records or reports pertaining to lead-based paint and/or Iead-based paint hazards in or about the Property, unless checked below. ? Seiler has provided Buyer with all available records and reports regarding lead-based paint and/or lead-based paint hazards in or about the Property. (List documents): 3. BUYER'S ACKNOWLEDGMENT Buyr has received the pamphlet Protect Your Family from Lead in Your Home and has read the Lead Warning Statement on the front of this form. Buyer has reviewed Seller's disclosure of known lead-based paint and/or lead-based paint hazards in paragraph 1 and has received the records and reports regarding lead-based paint and/or lead-based paint hazards identified in paragraph 2. 4. LEAD-BASED PAINT ASSESSMENTANSP11 MON CONTINGENCY Buyer acknowledges that before Buyer is obligated to buy a residential dwelling built before 1978, Buyer has 10 DAYS (unless otherwise negotiated) to conduct a risk assn meat and/or inspection of the Property for the presence of lead-based paint and/or lead-based paint hazards. WANED. Buyer understands that Buyer has the right to conduct a risk assessment and/or inspection of the Property to determine the presence of lead-based paint and/or lead-based paint hazards. 33UYER WAIVES THIS R10HT and agrees to the terms of the RELEASE paragraph of this Agreement. ? ELECTED. Contingency Period: 10 days from the Execution Date of this Agreement. (A) Within the Contingency Period, Buyer, at Buyer's expense, may choose tO obtain a risk assessment and/or inspection of the Property for lead-based paint and/or lead-based paint hazards. (B) Within the Contingency Period, Buyer may deliver to Seller a written list of the specific hazardous conditions cited in the report and those corrections requested by Buyer, along with a copy of the risk assessment and/or inspection report. (C) Seller may, within 7 DAYS of receiving the list and report(s), submit a Written Corrective Proposal ("Proposal") to Buyer. The Proposal will include, but not be limited to, the corrections to be performed, the name of the remedladon company and a projected completion date for corrective measures. Seller will provide eertiffeadon from a risk assessor or inspector that corrective measures have been satisfactorily completed on or before the projected completion date. (D) If Seiler submit& a Proposal, Buyer will, within 5 DAYS: 1. Accept the Proposal and the Properly in writing, and agree to the terms of the RELEASE paragraph of this Agreement, OR 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terns of the TERMINA'T'ION & RETURN OF DEPOSITS paragraph of this Agreement. (E) If Seller does not submit a Proposal within the time set forth in paragraph (C) above, Buyer will, within S DAYS: 1. Accept the Property in writing, with the information stated in the report(s) and agree to the terns of the RELEASE paragraph of this Agreement, OR 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Bayer according to the terms of the TERMINATION & RETURN OF DEPOSITS paragraph of this Agreement. If Bayer falls to ezerekse any of Buyer's options or to teminate this Agreement within any of the time periods stated in this paragraph, Bayer will accept the Property and agree to the terms of the RELEASE paragraph of this Agreement. S. BROKERS11LICENSIES' CERTMCATIONS The undersigned. Licensees involved in this transaction, on behalf of themselves and their brokers, certify flat their statements are true to the best of their knowledge and belief. The Licensees involved In this transaction have informed Seiler of Seller's obllgadons under the Residential Lead-Based Paint Hazard Reduction Act, 442 U.S.C. §4852(d), and are aware of their responsibility to ensure compliance. 6. BUYER/SELLER CERTMCATIO By signing this Addend "uyer at certify the accuracy of their respective statements, to the best of their knowledge. WITNESS B DATE lxlflo WITNESS fr ?uuj Tianott? BUYER DATE WITNESS BUYER WITNESS SELLS .. WITNESS - - `? @.r'11C_....... SELLS WITNESS BROKER FOR S21 ACCEPTED BY BROKER FOR BU1 ACCEPTED BY Natalie Roane DATE q R JL? DATE d ?J R DATE 1 ?O Aridt:a Wyn xag SELLER DATE 06/%5/2009 FRI 8:16 FAX 610 9738401 WSH REGISTRATION 2002/023 NOT[I<+'ICATION TO 13UX1l;R OF A, POTENTIAL SHORT SALE NSS 113lstamro w=wdedad*""dtorb not?t?dmatoweuy, eu.oeueePmurytveni.A?aadWiwofREALTOMM(PAUL 1 2 BUYER eact 'I c L 3 ]DATE 4 5 1. The Property maybe a hurt saia. 6 7 2. .A. Short Sale is a transaction in which the saller's proceeds are less than the amount newssaay to pay off liens secured by the s property. Examples of such liens include, but arc not limited to, mortgages, home equity Hm of credit, tax claims, home- 9 owaW associsdon/coudominium fees, and legal judgments. 10 11 3. A Shod Salo may require the approval of one or more third pares, unlike a fir4ditional transaction which only requires the 12 approval of the buyer and seller. In a Short Sale, afar the buyer and seller have agreed on the terms of the Agreement of Sala 13 the sellormay need to request fro approval oftha loader(s) or other Han holder(s) ("Creditor(s)"). 14 1$ 4. In a potential Short Sale, Creditors can take an videaded period to respond to a Short Sale request, In some cases, Creditors 16 do not respond stall. Delays in Creditor approval can make it diffieuk to set a spedfic sottlement daft 17 18 5. Creditors do not have an obligation to approve the tames of Buyer's ofd'er to the seller. (creditors may add conditions or restrict 19 lions In accepting the ofkr. Common exa Wks may include refusing to pay Buyer's closing costs or reusing to allow the 20 seller to pay *r repain requested by'Buyer. A buyer and seller ant under no obligation to "t these conditions or restric- 21 tions from Creditors, although ihilure to accept them may resultia temodnatioa of tiro Agurameat 22 23 6. Buyer should consider maideg Buyer's off r coufteat upon approval by Creditors and should retain the right to torro safe at 24 a speaifrod time in the Short Sak process. Buyer is advised that a seller may elect to cotwider additional offers from other buy- 25 as until Creditor approval Is obtained. 26 27 Buyer is advised to Beek professional I and 11nancial advice before making a Short aS'aJ* offer. 28 29 VdTN11S8 BC7'YER C.? ."'?....._........ bA'17E 30 VVrrN= 1- To w.5 wn= DATE 31 VtTrO SS BITM Pennsylvania Association of RFALTORr DAIM ODPYRIGHTPF1eNnVANUASSOC ITONOFRUALTORS02005 one RB/MAXPiratAdvaatago 6375 Mero1¢yDrMec Mksbwg, PA 17050 Pbow(717) 591- 7749 PAX (717) 591-7272 Tiarodw C0*10 Wod?dw?7ipFam"'bYAE1?r1C1e070FAeenAilaRoedpFeoeSNadapen46o?8 ggrq Mmw2bbM Blank 06/0,5/2009 FRI 8:16 FAX 610 9738401 WSH REGISTRATION 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 29 29 30 31 32 33 34 35 36 37 SHORT SALE ADDENDUM TO AGIUDWff OF SALE Ibbfharwomm iedaadapprovedfo,but notashidgdtopsPW.&&membeaof6+el rROPERTY BUYER DATE t) 1. This transaction is a potential Short Sala. 2003/023 Z. A Short We is a transaction in which Seller's pmooeds are less than the amount necessary to pay off [ions seamed by the proper- ty. E emples of such liens include, but are not limited to, mortgages, home equity lines of credit, tax claims, homcewnas' asso- ciation/condominium fees, and legal judgments. 3. The Agreement of Sale Is contingent upon Seller obtaining approval of the terms and canditlons of the Agreement of Sale by each lender or other lien holder !being asked to accept a payoff less than the loll amount due C Chedttor(sy ). Buyer and Seller acknowl- edge that it may take aA extended period of time to obtain Creditor approval of a Short Sale. Seller makes no representations about the response time of CreVom 4, Seller will submit the executed Agreement of Sale and all required docuaneatation (See Notice Regarding Seller Documentation) to Creditors within 5 DAYS of execution ofthe. Agreement of Sale. 5. If Creditors require a change in the ftms or.conditions relating to the ttausaetion as a condition of approving the Agreement of Sale, Seller wilt communicate these requirments to Buyer in writing within 5 DAYS of rcceiviing the requirements from Ctedilcm. Buyer and Seller am not bound by any changes proposed by Creditors unlgs Buyer and Seiler agree in writing to make those changes. If edtber Buyer or Seller refto to acoept any changes required by Creditors as a condition of approving the Agreement of Ssla, Buyer or Seller may tannionte the Agreement by written notice to the other party, with all deposit monies returnedto the Buyer according to the terms of the Agreement of Sale. 6. If Creditor approval of the Agreement of Sade bas not been recelved by Buyer or Seller may terminate the Agreement of Sale by wA tea notice to the other party, with all deposit monies reaaned to the Buyer according to the tarmB of the Agreement of Sale. 7. All other trams set forth in the Agreement of Sale, including lospection and contingency periods nod all other time periods, are as stated in the Agreement of Sale. Buyer and Seller are advised #o seek pr fessional legal and i-manctal advice before making a Short Sale offer. WITNESS BUYER ...... ._„.., DATE 'GVX'1NESS sum 0ATR 38 VArZ VM 39 VVn1%MS 40 W1d17E.5t4 41 W}') NESS q P14 , Permsydvanta Association of REALTORS' DATE DATE DATE ' DATE COPMGWP8ViMVANL4.ASS000TXON of RL4LTOR9®1008 008 Rg1MAXFiMAdva*p6375DrMecaWosburgPA17050 PSone: (717) $91-7749 Pats (7M591-7272 Timothy C skHo PMftdw1h4Fo=-byREFWWNKLLCt9070FftWMkfta4 Moor,MMM4e0Q8 M ,4m B1f1X'1Dt SELLER- SELLE1t SELLER Bla0k PRE-SETTLEMENT POSSESSXON ADDENDUM TO PRE AGREEMENT OF SATE Thit fom roe mmmiled and #Woved for, bug not raaaielod to usa by, ilia nia awl of tha Pennsylvania AJwaia»on Of RtSALTORSta(PAR), I PROPERTY 71 Ashton, C&,r1 ..a ,_4 Ha 1,7(113 2 SMLER Arun ,r_ rti WYn Icapoox -_ 3 BUYER Timothy , Nat:alils Keana, 4 DATE OF AGREEMENT June 3, 2009 ?- - $ 1. PVRPOSL Seller gives Buyer the right to occupy the Property before the date of settlelnptS under the following terms and con- 6 ditions and for the limited purposes checked below: 7 M Move in personal properly (for example, furnishings) and physically occupy the Property. 8 0 Store personal property without physically occupying the Properly, 9 q Storo personal property in the following litu , without physically occupying tho Property: _ ID © Make repairs rind/or improvernenls to the Property, in a workmanlike manner, as follows: 11 13 14 15 2, OCCUPANCY DATE. Buyer Will occupy the Properly, as agreed to above, beginning 06, 14 /20x9 _ 16 ^- 17 -- - 18 3, VACATIWG JDATI,, in the cvwx settlement does not take place, Buyer will vacate the, Properly on or bcfora:06L3 0?, , , 19 20 21 4, OCCUPANCY rrE. Buyer agrees to pay Scher it daily Occupancy Pee or $ tit to from the Occupancy Date 22 until settlement. On or before the Occupancy Date, Buyer agrees to pay tht) daily foe from the occupancy Date to the end of the 23 next calendar month. Thereafter, fltc fees will be paid in monthly installments, In advance, on or beibre file first day of each 24 month. Tho fees will be paid directly to Seller. In tits event Seller has collected any occupancy Fees for days falling aflor scale- 25 item, Seller will reimburse tboso ices to Buyer at settlement, if settlement does not fake place, Duyor will continuo to pay the 26 Occupancy Pee Until Buyer vacates the Properly. 27 28 8. DEPOSITS. On or before tfic OccupRncy Date, Beyer will pay an Additional Deposit on Account of the Purchaso Price in the 29 amount of$ tjt :lsl ?.0 PAR . This Additional Deposit will be paid to the 1,1sting Broker, if any, otherwise to Selling 30 Broker, tvbo will retain this Deposit ill an escrow account In conformity with all applicable laws and regulations, In the cvcnt 31 settlement does not take place, and provided that Buyer has not defaulted in the performance of a,ty provision in the Agicemenr 32 of Salo or this Addendum, Buyer will be reimbursed all deposit monies paid by Buyer, less any Occupancy foes duc and owing 33 and Icss sums to cover damages to the Property. 34 35 4. PROPERTY INSPECTION, Before the Occupancy Date, Buyer will make the pre.settlement inspection specified in the 36 Agreement of Sala 37 38 7, UTILITIES, Beginning on the Occupancy Date. Buyer will pay operating and utility charges co,l,temod with the use of the Property 39 as follows: 40 q electricity q garbage & trash collection 41 ?j gas q snow nxnoval 42 q water ® Ut:iliti®p tv11 bma a Rpx--Q b aLall®r 43 0 sewage q 44 q lawn & shrubbal Are r 0 Buyer Initial: PRE Pogo 100 2 Seller Initials: 4 Pennsylvania Assockition of (VI"Y1iICfl7'i'L'NNSYLVANIA AS&OCIATION OPRBALT01402006 REALTORS" pg106 • TM V,„?Iw b,ILgMyMlaa,q,?„u,, RBq?f+txIIinlndwnlsre63?3a4emwyunatelunisiburrPA 1r0ie Phoaa(717) S91-III$ Fix: (7!?)101.7f9) Kos" Gb-aff t.ew:a eIo0wAdwah XiprwmebytgLoaa 111070Piaoun Milo Roed,"aSW,Mkp,gaun40oia t=,yRlyyp p 46 47 48 49 SO 51 52 ,53 54 55 56 57 $8 S9 60 61 62 63 64 65 615) 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 RS 66 87 88 89 90 9) 92 8, PE'T'S. Pais allowed oft the Propeny before settlement only AS follows; ;.)one 9, MAINTENANCR, Buyer agrees to maintain the proptaty ill its present condition, normitl wear and tear excepted, and to Ablde by Scllor's rtdos of oucupancy, if aiy, As uttachcd to this Addendum, 10. CHANCES TO TIM PROPLItTY, Buyer will nol nakc arty alteritJons or improvernems io the Property unless agreed 10 ill writing by Seller, 11. PROPERTY INSURANCE, Buyer and Seller are advised to contact their insuter prior to siding this Addendum. (A) If Seller has fire, casualty, and Sclicr's liability incur rim Seller will maintain the insula nee until setliemem, (Il) Seller is not 1•60pentiblo for personal property oi' otkr irons placed on dio Property by Buyer. (C) Buyer will obtain liability insurance oovorugc in the amount of$ rental poliav naming Seller as Additional Insured. lluyer is advised to limuro buyer's personal property (contents). 12. ENTRY. Seller or I.,isting Broker may enter the Property At any time in the event of an einergency, niherwisc on a weakly bAsis, with 24 hours' prior notiec to Buyer. 13. RUVRR'S 09FAULT, The time for the performance of Any of the obligations of this Addendum ac hereby agreed to be of the essence. Should Buyer violate or fpil to perform under the terms of dtis Addendum or of the Agreement ot'Sate; (A) Buyer will immediately vncntc the liivperty and Seller will be emitiml to tmniedinto possession. 13uyer agrees that Seller stay insilture proceedings to recover possession without first giving 13uyer notice, (13) Seller hus the option tit' retaining all deposit monies paid on account of purchase price as provided in the Agreement of Sale and any other ninnies as required by this Addendum, (C) In the event that Seller instiuttcs legal proceedings to rccovor sums duo and owing under (lie terns of this Addcndurn or to hnvc Buyer removed from the Property, Bayer will pay to Scllcr All costs that Seller incurs us a result, inclutting court costs anti attorneys' Iles. 14, ASSIGNMENT. Buyer may not assign Buyer's rights under this Addendum or lease the Property to tiny person(s) or entity. 15. INDEMNIFICATiox attyer will Indemnify and hold harmless SULBA, All BROKERS, their LICENSEES, EXPLOY. RES, And Any OFrICCR or PARTNER of any one of them, and any other PERSON, 1410f, or CORPORATION who may be liable by or through theny front all claims, lawsuits, And nvilons BIAt arise from, or occur ditring Buyer's occu- pancy or use of Ube Property, Buyer will defend Seller koin all such suits and claims, and PRY Seller's costa, Including attorhoys' fees and damages awarded, 16. SURVIVAL, This Addendum and related telnis in the ASrtunent or Salo Will survive scttlCntCnt. All other terms and conditions of the Agreement or Sale rennin unclsAnted And in full effect. thin aggrament is conti.ngant upon Lander final approval for aontiunati,on of Cont:ract... If lender d®nias negoo' Lions, Buyer rei220?! 68 hours, $uyaz will pay a flat feu to sells o£ 700, i'or th® fea W11:'?ESS BIiDATE 0 /2009 6 1a Chandler 'to) 64 Taufattt ' 93 WITNESS _-- --- - - - - III ER DATE 94 WITNESS BUYER DATE 05 WITNESS ra - ?--- ^ SELI.CI2 DATE ,Yoh fah Aron 96 Wrrnss SELLER M+ DATE G I1h?Il?9 AniCtt Wyn Kapoor 97 WITNESS_ DATE . PRE, Page 2 of a P1000Cea will, zioFortr* by aiptooix 18070 Fifteen Mite Road, Fraser, MiCWOan 48028 yepey,4jQL pjxygpl Kcanc ADDENDUWENDORS]Ci ENT TO AGREM, NT OF SALE ASA 1 2 3 4 5 4 7 a 10 17 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 PROPERTY 71._Aehton__ SELLER stn ? Anita W?µKa or - BUYER Timothy , Natalie Kest -- DATE OF AGREEMNT June .-L-2009 This addendum is to extend the prosettiment contingency to a month to month lease starting Z7uly lint 2009, paid by the buyer direatly to seller of $1,000.00 per month. To include the e160trio bill, paid by the buyer direotly to the seller, starting the same day. This month to month lease is contingent upon approval or denial., of the negooiations or Aoceptanae of this tranaaotion through Country Wide Homes Loans, Short Sale Dapt, Buyer 6 Seller 37 All other terms and conditi ? s F the Agreem of Sale remain 38 38 WITNESS _-- 40 r I3 40 Chandler Lewis 41 42 WITNESS ?_- BUYER 43 c_- 44 45 WITNESS BUYER 46 1^t v4? ? C. ?1p?•_ 1 ?tair??fi11't;$•and effect. DATE 06/30/2009 DATE 30 0 DATE _, 47 48 WITNESS f t ...-- • _ ,SI:I.Y,TsTt ? ?? _.-DATE, Q4/?2fIQ;I^ 49 Jo lsh Arun 50 61 WITNUS SELLER UIDATE 06/301+' L 62 Anita Wya 7Cwor 53 54 WITNESS -- SELLER DATE 55 W Peansylyants Association of COPYRiG11'r PUNNSYLVANIA ASSOCIATION OV 119ALTORSe 1993 REA rORS'p 610f . 1166w10•Nrn..?rH.nr1604,06,k"M RGNAXPir%AdyaulcSgc 6375 Mcrcu DrMeabgnicsburg, PA 17050 PhOW (717) SPI - 781 $ FAX: 717) 591-7273 Chandlar Lewis Keane Produced w11h hpFonT* by zipLOgix 14070 Fifteen Milo Rued, nwer, Micaigen 48026 vyy_ziQ1QW = TOTAL P.03 1.??.., 45- ? U 3 Z 7 ADDENDUN"NDORUMENT TO AGREEMENT OF SAI.,E ASA 1 PROPERTY 71 Ashton 2 Carlisle, Pa 1701 3 SELLER Arun , hnit;a. MM Kap*or 4 HUYZR Timothy Kearse 5 DATE OF AGREEMENT June 1. 2009 6 7 Extension of Agreement dote to Lender not meeting response time of contract. 8 Extended Pram Septwmber.1st, 2009 to September 18th, 2009 agzeed to by Seller & Buyer. 10 Th:Ls is extension is contingent upon acoalptancma of Sank Approval, Final Deposit will be 11 made from Buyer Finalize this transaction- Total. Contract Price increased to $400,000.00 12 from $390,000.00 13 14 15 16 17 18 18 20 21 22 23 24 25 26 27 26 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 A.II other terms and conditions of a anent of Sale remain mch R effect. WTTNI?'SS BUYER DA'T'E 09/03/2009 Chasutler Lewis Theo a WITNESS BUYER DATE 4,5 WITNESS BUYER DATE 46 47 48 WITNESS SELLER az"1-110 Q Q DATE 49 so so irate . Axun 51 WITNESS SELLER DATE 52 Jo Ulsh Anita wyn ttapoor 53 54 WITNESS SELLER DA'Z'E 65 M VMS M 11N1??fMM V 1?M,ry1,NM REMAX F1rot AdvSM40 5373 Mammy DrMeohanicaburg, PA 17050 Phone: (717) $9) - 7918 Fez! (717) 591.7273 Chandler Lewis Produoed with ZlWortnA by xiptogk 18070 FIftwn Mir RW, Frew. WtChip*n 48028 w.ogApl-guix.cont Peansylrenla Qasvoliatlon of COPYRICHT PENNSYLVANIA ASSOCIATION OF REALTORS* J"3 REALTORS° eo1 TO 3!DVd VdEVHHO I HSd 666S6Lb8TLT Kam 9b:0T 690Z/ST/86 1 s A 5 5 7 8 1fl '11 12 13 14 18 16 17 18 19 20 21 22 23 24 25 2s 27 28 29 30 31 32 33 34 33 36 37 38 39 40 41 42 43 44 45 46 47 48 45 50 51 62 63 64 s5 ADDENDUMMORS` MNT TO AGREEMENT OF SALE ASA PROPERTY 71 Ashkm 17013 BUYER Tim y 61- DA'TE O AGREEMNT x91me, l , 20 01i.a i's a non -camepete contract Extended from septembmx 10th, 2009 to October 16th, 2009 agreed to by Boller & Buyer. 73nyer will pay seller $500.04 for rent from September lots to 30th & $500.00 from October 1st to 16th. Including Septcamber Electric for $85.00. Total. Due from brayer to seller is $1085.04 due October 5rd by noon, located at. Rooka Hooke & Earns office on 320 S. Hanover St, Cmrl.isle? Pa 17013. Xegociations will continue it Bank of America has not given both parites a response on Sale approval by October 16th, 2009. Buyer acknowledges they will be released from contract x*ceiving full deposit if they cannot produce funds to close by October 16th. Buyer will need to vaoate property within 30 Jaye if contract is not ast. All oHler temps and condltious#he Sate remain mtc d offoct WTtTfE5S G./. ?„ ltl'?'ER DATE Cbarfdier LpN3[9 3aao1 by WITNESS BUYER DATE WYTNRSS WITNUS C-1 RC7YER _ DATE G 01 SELLER DATE Arun SELLER DATE Anita *in mtpoor VnTMS SIKUXR DATE PonaoyWasla A**ocJ*tion of GIIPYRja"T P1'JVN8nvAMAA=CWT(0M 01rWAIMOId,9F M REALTORS' an, Lei uw?w R •r u.eM ? nssvnw. PJA*AX na Advammge 6375 Mowm IkMwha dcsbum PA 17050 Phone: (717) 491- 981$ Pax: (717)591-7273 0mndler Lewis Kww Pm&uaw vM Z0FetMdl by MLogDt 18070 Afteen IWte Road, FMW, M1Ch*n 46429 BUW'".,2t eel,, are 6'd 9£Z£96£0696 aoods>j y dZb,0 60 176 ioQ NPU-03-2009 17 26 ST LUKES ATOWN OR 23 24 25 26 21 28 29 30 31 32 33 34 35 35 37 3e 39 40 41 42 43 44 45 49 47 48 49 50 61 52 53 64 66 P.01/01 ADDENDUA2l,END01: $Ml TO AGiEE1V NT OF SAL9 ASAP t PROPERTY 7171 Ashton 2 Cam-lielj ga 17013 3 SIB LER Arun Anli.k& Worn Kap ?•?••- oor 4 BUYER 5.'_ .aoQv F s 5 DATO OP AGRIt?14 imr x_2009 4 7 DUO to Bank of A aA)7ioa not. ri xialixing the Sales Agxesmant, Ziia Contract Will ertended 8 from October 16th, 20051 to Wovenbaz 13th, 2009 agreed to by Seller a Buyez:. AN per 10 conversation from the ]color on timaline for settlement 11 12 13 14 16 16 17 18 18 20 21 22 Ai! other teens and oondi ' ns the meat of Sale remain u1 ed and ' oirce znd eftt." IVIMSS DATE zo/16 200!1 Chandler aw4a TyyS, p? WITNESS BUYER y DATE WITNMss WITNESS Joba U1sh WITNESS John v1sh WITNESS BUYER DATP, _W sr:>~LlFsi .t 1?A'FE AA DAT9 Anita Wjn YCapCor M POMI???nvAMSAaadufaVorlof CO"RIGHTPA?YLV4KIA,ASSOCrATfoXoyV2ALTt7k=jV93 REAL70RSO 6w1 RWk= First Advan(W 6375 Merom DrMeWunieslu M PA 17050 Phone: (717) 691.9919 Pax: 717) 591 - 7273 Chw4ft Lewis Keane Produced w4tt 21pFWmtO f? zlpLOplx i007G FKfeen MNe Road, Fraser. Often 4QO26 1tVj M TOTAL P.01 Jan 13 10 01:07a A Kapoor• 3 4 3 a 7 8 10 11 12 13 14 16 16 17 16 19 20 22 22 23 24 25 25 27 28 29 30 31 32 33 34 35 38 37 38 39 40 42 42 43 44 46 46 47 46 49 50 51 52 53 54 55 JAM-07-2010 16:06 KELLER WILLIA11S CRTL PA P ADDENDUM/ENDOI.SEMEW TO AGREEMENT OF SAL V 16103983238 p.1 7177243799 P.01/01 PROPERTY .71 A,trhto ASA g a P 17 SELLER Arun A.,a..a T.%._ BUYER XS.Ia2th3 Kean DATE OF AGRE,IEMEN'I' bjaq Due to 1384k of RYnsricta not F'a rtaliu '6100M is'g the) 8aa es Agreament. This Contract will axtiended November 13th 2009 to J-1tuary 15th 2010, agxaed to by Seller r. 8uyer. All Othhor terms and condition O t Afire ens of seaa remain urlell in #G?Il?fo\t a and effect WITNESS ChaadSahe a )RUY_Z sseo y'X a DATE ox/O7/2O3.O WITNESS BUYER DATE WITNESS BUYER BATE WITNESS • so u1 sh SELLER ?v" _._...... DA•LTE t 1? ;. Arun WITNESS SELLER 111,711 Uo vlah is Wyn Pcapoor ; DATE, WITNESS SELLER DATE LES Pennsylvania! ASSOO1wt#on of COPYRZGRrP£NNSYLVAMA ASSOCIAlTON OF REALroltSe IM REALTORSO MWMV 6101 RE/W"First Advaju c 637$Mercury DrMeche»icsLur& i'A 17050 Pftcne; (717) 592 - 781$ Fax, (717) 591 - 7273 Chandler Uwis Proauoed with ZtpFortrl+6yzlpLOytx IgO70 Fineen Mite Roast, Kcanc pr7Ser, MrChiaen 48028 nKvwrlnl nnlx rnm JAI-14--2010 1503 ST LUKES ATOWN OR P.01i01 ADDENDUI± A, NDORSEMENT TO AGREIMENT OIL SALE ASA 1 PROPERTY 71 Ashton 2 Csrii>ala? l)a 17013 3 SELLER Anon-._ hnitsk Wvn Kanoor 4 ]BUYER Tialothv Keane 6 DATE OF AGREEMENT 2-ans 1. 200 9 a 7 Due to buyer's TRA needing Proof of Closing Dats & Taaae requirad to Withdraw funds from e account. This Contrast will extended jzom January, 15th 2010 to January 21th 2010, f0 agreed to by Sel er 6 Huy V417 11, i? -7,_9 12 3rd party approval, ForPIRA funds d for this transaotioA, is raquestsd by Steller & 13 Listing Agent to settle on January 21st, 2010 linty t?rKAsr >?z- P-?:1UG? n1c3 14 16 llj71r-12- r N'197a !?I l?4?J L4?C 26f1 G/ l s i7? iQ'r :5- 16 17 1a Aq&L< PC- AM?A 44) / U-611- W(Z 0,a?, K- M OSI- A6 a I-rj 20 4Se4Q AnSU AW'1 C)1YV&1i O Y1,AC 56-Uk I- ra 0?J cv1?-- 22 *A' g s ':rA4 Vl41 23 24 26 28 A+5 iADt??rz?IJ, f0?1?,(? ,P?1 ! rsGul? 2G{a cwt'- - Gl?5 27 2 8 rM&,F 'P46 4490A(u, le 1 k 2?Ia 7-??FlV1L T? 6AP6 W'fGLr 21 p Ott- 30 31 `?-7C iN1 T, 32 33 -rllq f VF OF 1/ll y? to Ft/1-C{1.1... AJVQls-- AFL Or- Vii. A8IEIS' 4; (k))kt" ?r 94 36 ?? 37 All other terms and condition of e A oment of Sale rarnain 1lnchenge 1 r and etTect. 38 t?l _ 39 W17'1VI?SS G BUYER ? UA'f'D 01/15/2010 40 Chandler Lewis , Timothy 41 42 WITNESS 1gUY)~R DATE 43 44 45 WtIVESS BUYER _ DATE 48 A 48 6 WITlVES9 ?- ?? ?----- SELLER DATE 49 J7oha eh AXUn 50 51 WITNIJSS 11 SELLER DATE J J 62 John y XS- Anita Kyn kapoor 63 54 WITNESS _ SELLER DATE 65 P61+hbyNAhla Aasool:ation of COPYRIGHT PENNSYI-VAN1A ASSOCIATION 01' RRALTOH601993 REALTORS' Gol 1=4 Tow Von$ RE40X Mrst Advantage 6375 Maroury Dt1Vk011an1osYur& PA 17050 Pha1e: (717) 591 •7818 Pax! (717) 591 - 7273 Clinndler Lewis Kovno Protluced with ZlpFonrA by zlpLoglx 10070 FNieeA We Road, Fraser, M"an 40026 www z pLpplx corn TOTAL P.01 Jan 24 10 04:40p A Kapoor 16103983238 p1 Aron a Anlta Wyn Kepeor -T4• TiMMIly Keane January 22, 2010 71 Ashton Street Carlisle PA 17015 Addendum to Agreement of Sale In reference: to the agreement of sale between Timothy Keene , the purchaser & Arun & Anita Wyn Kapoor , the seller, dated 614/2009, and covering the real property commonly known as 71 Ashton Street Carlisle PA 17015, the undersigned purchaser and seller hereby acknowledge and agree to the following: 1.The Settlement date is extended until on or before Febfuary 4, 2010, subject to the following conditions: a.Reoeipt by Dennis Eckman by no later than 5:00 p,m., Tuesday. January 26, 20111, of astatement from Buyer's funding source that the fundsnecessary for Settlement v611 be available no later than Febru ry 4, 2010. b. The contact name, telephone number and e-mail address for the funding source, long with a statement from Buyer to funding source that Dennis Eckman is pemtitted to contact funding source to confi the information received. 2-If the above Information is not obtained by Rennie tckman as set forth above, tIN of Sale and Buyer hereby agrees to the Immediate release of his deposit to Seller v including, but not limited to, the ex"ution of any further releases. 3.in such event, the Agreement of Sale shall aulomatically become null and void required by any party. 4.M the event of Buyer's breach, Buyer shall vacate the pfetrlises no later than n vacate as required, the holdover rent amount shall be double that amount currej shall be in breach of the Agreement any further action on any parties' part terminated without any further action February 2,2090, if Buyer does not sing paid. 3. Buyer agrees to pay Seller's addRional legal fees In the amount of Seven Hundre 1 and Fifty Dollars ($750.00) caused by Buyer's failure to settle pursuant to the Settlement Date, as previously amended, 6.7his Addendum supersedes ail other prlorAddenaa with respect to the subject conditions of the Agreement of Sale, not in conttict herewith, shall remain in lull ft Seller Date ter contained herein, Ail other terms and and effect. seth t@sethpomeroy corn Date ?,?/?; 6."? B 30°t PCW PRE-SETTLEMENT POSSI;MON ADDENDUM TO AGREEMENT OF SALE Thiifonn tooommoded And approved for, but not Teteiolod 141160 by, the nluubus of Uu Pennsylvania AAAOOie„ or, dM-,%LT0RS40 (PAR), PRE I PROPERTY 71 Ashton, Carlialo, Fa 17013--- 2 SELLER Arun ?„_An' to ipxa Kapggx _? " 3 BUYER TLm ithY t Natolie man _ 4 DATE OF AGREEMENT ,7un® 3, 2009 5 1. PURPOSIL Sailor gives Buyer the right to occupy the Propcny before the date of settlement under this following terms and con- 6 ditions and for the limited purposes checked below; 7 0 Move in personal property (for example, furnishings) and physlctilly occupy the Property. 8 D Store personal property without physically occupying the property, 9 ? Stole personal property in the following tu•eas, without physically occupying the propeny; Jo Q Make repairs and/or Improvements to (lit Property, in it workmanlike manner, ns follows; IJ 14 15 2, OCCUPANCY DATE. Buyer will occupy the Property, as agreed to above, beginning 96114 /200 16 17 18 3. VACATING )DATZ. In the tsvem settlement does not take place, buyer will vacate the properly on ar betbre; 46 34 (?QQ,9,?, , , _ 19 20 21 4, OCCUPANCY Fr&B, Buyer agrees to pay ,Sailer it daily Occupancy Fee of S n /A from the Occupancy Date 22 until settlement, On or before the Oeouponvy Data, Buyer agrees to pay the daily fee from the Occupancy Date to tho end of the 23 next oalcndar month. Titerea[ier, @lc lees will be paid in monthly installments, In Advat?eo, on or before tl?e first day of each 24 month, The fees will be paid directly to Soller, hi the event Sailor has collected any Occupancy Fees for days falling after scrile- 25 menu Seller will reimburse those foes to Buyer at settlement, if selticmt7nt does not take place, Buyer will continuo to pay the 26 Occupancy [: ee until Buyer vacates the Property. 27 29 5, DEPOSITS, On or before the Occupancy Date, Buyer will pay an Additional Deposit on Account of the Purchase Price hl the 29 annount of$ within 10 PAR . This Additional Deposit will be paid to the Listing Broker, if any, otherwise to Soiling 30 Broker, wl)o will letpin this Deposit in an escrow account in conformity with till applicable laws and regulations. In file event 31 settlement does not take place, and provided that Buyer has not defaulted in the pertbrluance of any provision Its the Agrutiment 32 of Salo or this Addendum, Buycr will be rcimbut~sed all deposit monies paid by Buyer, less any Occupaucy fees duc and owing 33 And leas sums to cover damages to the Property, 34 35 6. PROPERTY INSPECTION, Before The Occupancy Date, Buyer will make the pre-settloment inspection specified in ilia 36 Agreement of Sale, 37 38 7, VTILITIES. Beginning on the Occupancy Daw, Buyer will pay operating and utility charges connected with the use of the Property 39 as follows; 40 ? olecirtcily garbage & trash collection 41 gas p snow romoval 42 CJ wator ® Utilities will t?¢ covere tab +}?aeliar 43 ? sewage ? - 44 ? lawn & shrobbe no ? "...? .. _.,_.. ..~,.. _ 45 Buyer Initials; PRE Paige I oft Seller Initialst 4V . /Ayer_ Penpsylvanle Association of COPYRIGHT I'LNNSYI.VANtAASSOCIATIONOFMiLTOAlliMo6 REALTORS* 010 b TlwVwt?iw N,11a1N?a Ml.m,drwar "!MAX Pint Advan169e 4113 Macay UAW1114461101i, PA 11050 Ph0A0:(717)$91-Isis 4;11 119)!01.7171 k1uw China" Lewu ProdmoedwahlippanNObyr;Ao&1aeroFi00anMi6Rood. ft3w,hlk+,jqw,doa2a JCAIa , , , , f 40 S. PETS. Pets al towed oil the Properly heibre suttlentent ()Illy as follows: 7n one 47 _....._ _ __.. .. _.._..... _.. w. _.__....._ .__.__... _ .... 48 49 S l 9, ivfAlN'T41VANCL, Buyer agrees to maintain the Properly in its present condition, normal wuar and tear excepted, and to abide 52 by Scilor's roles of oucupaney, if any, as unachud to this Addendum. $3 54 10, CHANGES TO THG PROPL11TY, Buyer will not make any alterations or improvements to the Propelly unless agreed to in 55 writing by Scher, 46 57 11, PROPERTY INSURANCE, Buyer and Seller are 9dvbod to contact their insumr prior to signing this Addendum. Se (A) If Seller has Are, casualty, and Seller's liability insuranw, Seller will maintain the insurance until settlement. 54 (13) Sollor 4 not responsible for personal propcny or ocher items placed on rho Propotty by Buyer. 60 (C) Buyer will obtabi liability insurmhcc vuverugc lit the amount ofS r?mntal polirrv , naming Seller as Additional 61 Insured. Buyer is advised to insure Buyer's personal property (conlcnis). 62 e3 12. ENTRY. Seller or l,istng 0rokcr may enter the Property at any time lit the event of an einergenoy, otherwiso on a weekly basis, 64 with 24 hours' prior notice to Buyer. 65 66 13. IlllYlMIS DEFAU-1,71'. The time for thu performance of ally of the Obligations of this Addendum tare hereby agreed to be of the 67 essence. Should l3uycr violate or ft?il 10 perform unda'tile icnim of this Addendum or of the Agreement of Sate, 68 (A) Buyer will immediately viteme dlr. property and Seller will be entitled to Immcdioto possousion. Buyer agrees that Seller 69 may institure proceedings to reeovcr possession wilhour first giving Bliyor Pollee, 70 (I3) Seller has the option of retaining all deposit monies poll on account of purchase price Its provided in tit: Agreement of Sale 71 and any other ninnies as required by this Addendum, 72 (L') in the event that Seller institutes legal proceedings to recovor sums duo and owing under the terms of MiS Addcndurn or to 73 have Buyer romoved from the Property, l3uycr will Ixty to Sellur All costs that Seller incurs as a result. Including Court costs 74 and attorneys' rtes, 73 76 14, ASSIGNMENT. Buyer may not assign Buyer's rights undur this Addendum Or• lease tho Prt)pcny to any person(s) or entity, 77 78 15, INDEMNIFICATION, Buyer will Indemnify and hold ltarrnloss SELLER, All BROKERS, their LICEN$EFS, EMPLOY- 79 RES, and any OFFICCR or PARTNER of any one of them, and any Other PERSON, FIRM I, ur CORPORATION who 80 may be liable by or through them, from 911 claims, iawaults, and actions flint Arise froth, or occur during Buyer's occur 81 pansy or Ilse of cite Properly, Buyer will defend Sailor from nil such suits and claims, and pay Seller'u costs, Including 82 attorneys' fees and domagcs Awarded. 83 84 16. SURVIVAL, This Addendum and related terms in the Agroomont of Silo will suwivo settlothtcnt. 83 86 87 All other terns and conditions oftho Agreement of SAle remain unchanged And in tulle ffect, 88 this aggreatent is aontingant upon Lander final approval for aont:iunation of Contract . , . 817 If lender deniae negoo Lions, Buyer will Y- t ' 'Op®rty-1 48 hours, Buyer will pay a 90 flat: fee to sellenG W q700. for the rep 'i thiv Rddenda 92 WITNESS _ ,(? c ?`.,,•. w ?. $? ?-'-.?-?. ??r DATE 06/14/2009 Cba iidler LawiH Ttoimth 93 WITNCS3 _.____--.____-• BVy&R UAl'C; 04 WITNDSS _...._?. ._.. BIMR DATE 95 WITNESS^ SELLER DATE r<• ltr•0.9.._., Jab Arun 96 WITNESS _ _ .- -_.._.. ,..... _ SELLER ?^ _ ...... »... DATE 6 I1h?IlI9 Anita [rya xapoor 97 WITNESS ?. SEUrR.,._.. W DATC....... _ par, Page t of 2 A/OdOCed weal ZioForm83 by zwi,ogax 18070 Fir(een Mac Road. Frsser, Mict,ioan 40028 r000Y,ilRI.RTIx&1>a? Kenna 11, . 4 kibi v 30% PCW e `. r e ADDENDUM/ENDORSEMENT TO AGREEMENT OF SALE ASA 1 PROPERTY 71 Ashton 2 Carlisle Pa 17013 3 SELLER Arun , Anita Wyn Kapoor 4 BUYER Timothy , Natalie Keane 5 DATE OF AGREEMENT June 3 2009 6 7 This addendum is to extend the presettlment contingency to a month to month lease 8 starting July 1st 2009, paid by the buyer directly to seller of $1,000.00 per month. To 10 include the electric bill, paid by the buyer directly to the seller, starting the same 11 day. 12 This month to month lease is contingent upon approval or denial, of the negoeiations or 13 acceptance of this transaction through Country Wide Homes Loans, Short Sale Dept, Buyer 14 & Seller 15 16 17 18 19 20 21 22 23 1 24 25 26 Y 27 28 29 i 30 e ?\ 31 C?` V ???? 32 33?/? 34 35 36 1 37 All other terms and conditions of the Agreeme of Sale remain un - d" tt?l-force-and effect. 38 39 WITNESS + B DATE 06/30/2009 40 Chandler Lewis Timo 41 42 WITNESS BUYER DATE 06130/2009 43 44 45 WITNESS BUYER DATE 46 47 48 WITNESS L'- SELLER DATE 06/30/2009 49 Jo lsh Arun 50 51 WITNESS SELLER DATE 06/30/2009 52 Anita Wyn Kapoor 53 54 WITNESS SELLER DATE 55 Pennsylvania Association of COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 1993 REALTORS" 6101 ORS me VNee ler Real ENeree N pnnnsyleenle RE/MAX First Advantage 6375 Mercury DrMechanicsburg, PA 17050 Phone: (717) 591- 7818 Fax: (717) 591 - 7273 Chandler Lewis Keane Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLoaix.oom I . f r I?x ki ? -? D r 30% PCW I . - t Jan 24 10 04:40p A Kapoor Arun&AnitaWynKapoor-0-Timothy Keane Januarv 22. 71 Ashton Street Carlisle PA 17015 Addendum to Agreement of Sale In reference to the agreement of sale between Timothy Keane , the purchaser & Arun & Anita Wyn Kapoor, , the seller, dated 6/412009, and covering the real property commonly known as 71 Ashton Street Carlisle PA 17015, the undersigned purchaser and seller hereby acknowledge and agree to the following: 1.T'he Settlement dale Is extended until on or before February 4, 2010, subject to the following conditions: a.Reoeipt by Dennis Eckman by no later than 3:00 p.m., Tuesday, January 26,201 , of astatement from Buyer's funding source that the tundsnecessary for Settlement W11 be available no later titan >~ebru ry 4, 2010. b. The contact name, telephone number and e-mail address for the funding sore ,long with a statement from Buyer to funding source that Dennis Eckman is permitted to contact funding source to conf the information received. 2.If the above Information is not obtained by Dennis Eckman as set forth above, the of So is and Buyer hereby agrees to the immediate releMea of his deposit to Sellerv including, but not limited to, the execution of any further releases. 3. In such event, the Agreement of Sale shall autorna licaily become nW and void required by any party. 4.1n the event of Buyer's breach, Buyer shag vacate the premises no later than vacate as required, the hold-over rent amount shall be double that amount curr 16103983238 p.1 'shall be in breach of the Agreement any further sotlon on any parties' part terminated without any further soflon FebrtWy 2,2010. If Buyer does not sing paid. 5. Buyer agrees to pay setter's additional legal fees in the amount of Swan Hundre j and Fifty Dollars (5790.00) caused by Buyer's failure to settle pursuant to the Settlement Dater, as previously amended. 6.7his Addendum supersedes 0 other pdorAddenda with respect to the subject conditions of the Agreement of Sale, not in conflict herewith, shall remain in tug fc Seller ter contained herein. All other terms and and effect. -2z sethosethpomercy corn 2,2 --1 U Date SHERIFF'S OFFICE OF CUMBERLAND COUNTY i; Ronny R Anderson Sheriff r+.I.Jody S Smith Chief Deputy ?? Z [ f? C1, ?; ? '6 ["'1 c_: 22 n Edward L Schorpp Solicitor OFFICE 'T Arun Kapoor (et al.) vs. Natalie P. Keane (et al.) Case Number 2010-1599 SHERIFF'S RETURN OF SERVICE 03/11/2010 08:59 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on March 11, 2010 at 2056 hours, he served a true copy of the within Complaint in Ejectment, upon the withir named defendant, to wit: Natalie P. Keane, by making known unto Timothy Keane, Husband of defendant at 71 Ashton Street, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. GERALD WORTHINGT kDEIPUTY 03/11/2010 08:59 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on March 11, 2010 at 2056 hours, he served a true copy of the within Complaint in Ejectment, upon the withir named defendant, to wit: Timothy Keane, by making known unto himself personally, at 71 Ashton Street, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $49.84 March 12, 2010 GERALD WORTHINGT , DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF ;' . CountySufte She,ft Ie,eosoft Inc. ~~.E.~,' , ; r~ c "' v L IJ ~ U I i ~# 1 L~. C1 i f~ ~' ~{ Craig A. Diehl, Esquire LD. No. 52801 CUNv`:}~'.~:r-:---, ::.1 ~::~.~!;t~1T~' LAW OFFICES OF CRAIG A. DIEHL Nt l ~r~~`~~L'%:'~~t~ 3464 Trindle Road Camp Hill, PA 17011 Attorney for Defendants Timothy Keane & Natalie Keane ARUN KAPOOR and ANITA KAPOOR, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA v. TIMOTHY KEANE and NATALIE KEANE, Defendants TO THE PROTHONOTARY: NO. 10-1599 Civil Term ACTION IN EJECTMENT PRAECIPE Please file the attached Verification to the Answer to Complaint with New Matter previously filed by Defendants. LAW OFFICE OF CRAIG A. DIEHL Date: ,~ ~ /a ~ ~ /~ ,(.~o~~( By: - ~~~ Craig A.~iehl, Esquire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717)763-7613 Fax: (717)763-8293 Counsel for Defendants VERIFICATION We, Timothy Keane and Natalie Keane, Defendants above-named, being duly sworn according to law, depose that the facts set forth in the foregoing ANSWER TO COMPLAINT WITH NEW MATTER are true and correct to the best of our knowledge, information, and belief. The undersigned understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: L~~ ~~,~1~~ / o TIMO Da e: ~ / S d l D ~/ .~~ IE KEANE CERTIFICATE OF SERVICE AND NOW, the ~ day of May, 2010, the undersigned hereby certifies that a true and correct copy of the foregoing Praecipe was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Peter M. Good, Esquire Jessica E. Mercy, Esquire Smigel, Anderson & Sacks, LLP River Chase Office Center 4431 North Front Street Harrisburg, PA 17108-1778 h-c~ Debra A. Fike, Legal Secretary } ARUN KAPOOR KAPOOR, V. TIMOTHY KEANE NATALIE KEANE, AND NOW, Preliminary In Courtroom # 3. ANITA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Fs NO.2010 - 1599 CIVIL TERM ORDER OF COURT 15TH day of JULY, 2010, a hearing on Plaintiffs' Request for a i is scheduled for MONDAY, JULY 19, 2010, at 1:30 a.m. in By the Court, Edward E. Guido, J. ~ Peter M. Good, F For the Plaintiffs ~ Craig A. Diehl, Esc For the Defendants :sld ~pi e5 h~.or.. ~~ `1 ~l01 /a rJ r-~- c.."a ~ :l -r ~~ ~ _~ _' ~} ; ~~~ .., , _. ~' a;=; ,.'_~ :, ::,~ '~w ,~ ' Craig A. Diehl, Esquire LD. No. 52801 LAW OFFICES OF CRAI 3464 'I'rindle Road Camp Hill, PA 17011 Attorney for Defendants T 3 A. DIEHL Keane & Natalie Keane }~~` y}~- ... r 1 (? I ~ 4. i ~. ~. ARUM KAPOOR and ANITA KAPOOR, IN THE COURT OF COMMON PLEAS OF laintiffs CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 10-1599 Civil Term TIMOTHY KEANE d NATALIE KEANE, efendants ACTION IN EJECTMENT t TO EMERGENCY MOTION FOR SPECIAL AND PRELIMINARY INJUNCTION AND NOW C MES Defendants, Timothy Keane and Natalie Keane, by and through their attorneys, Law O ices of Craig A. Diehl, answering the Emergency Motion for Special and Preliminary Injunction s follows: 1. Admitte 2. Admitte . 3. Admitte . 4. Admitte . 5. Admitte . 6. Denied. ~ Natalie Keane did note ~ 7. Denied. Addendum. Agreement of Sale was consummated on June 4, 2009. Defendant, e the Agreement of Sale. ndant, Natalie Keane did not execute the Pre-Settlement Possession f ~ 8. 9. Denied Defendant, Natalie Keane did not execute the First Addendum to Agreement of Sale. 10. Denied Defendant, Natalie Keane did not execute the First Addendum to Agreement of Sale. 11. Denied. Defendant, Natalie Keane did not execute the First Addendum to Agreement of Sale. 12. Admi 13. Admi 14. Admi 15. 16. 17. Denied. Plaintiffs have failed to make repeated demands for rental payments. By way of further answe , Defendants aver that an oral agreement existed whereby no rental payments were require to be paid until the closing date. 18. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient t form a belief as to the truth of the averment. 19. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment. 20. Denied. defendants previously had Waste Management Services for their refuse and debris pick-up servi es. When Defendants switched services to Cumberland Waste Service, which is the current se icer, a period of one week to ten (10) days expired without service due to the switch of servicer . Other than this one period of time, all garbage and rubbish are picked up under the normal ervice schedule. Likewise, Defendants pay for lawncare services. There are no known issues o lawncare to Defendants. Finally, Defendants submit that there are no rats or other wildlife infilt ating the property. 21. Denied Defendants pay for both lawncare service and trash collection services and the averments are 22. The pr perty is in fine condition and it is averred that potential buyers would not be deterred from biddi g on the property. 23. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient form a belief as to the truth of the averment. 24. Admitte in part, Denied in remainder. It is admitted that Exhibit "B" speaks for itself. Plaintiffs neve provided Defendants with a copy of this Notice and Defendants were unaware of this appare t investigation. The Notice was only a warning. 25. Admitte in part, Denied in remainder. It is admitted that Exhibit "B" speaks for itself. Plaintiffs never provided Defendants with a copy of this Notice and Defendants were unaware of this appare investigation. The Notice was only a warning. 26. Denied. Defendants have never even been given a citation regarding these issues. Defendants believe that the weed complaint stems from an area that'is unmowable and part of the natural landscape of the property. 27. Admitt 28. Denied pleading is required. 29. Denied. pleading is required. The averment contains a conclusion of law to which no responsive The averment contains a conclusion of .law to which no responsive 30. Denie The averment is meritless. The issues listed by Plaintiffs to suggest that they will suffer irrep rable injury are easily remedied. If Plaintiffs believe the weeds are too high, they can hire so eone to remove them since they own the property. If garbage or rubbish is an issue which is d" puted by Defendants, Plaintiffs again can hire someone to remove it and charge Defendants fo~ this service. If animals or rodents are a concern, which is vigorously disputed by Defendant ,Plaintiffs can hire a pest control company and charge Defendants. 31. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient form a belief as to the truth of the averment. 32. Denied. The rental income dispute and possession is being addressed in the Complaint previously sled. Defendants were unaware of the warning notice or the violation notice prior to receipt of this Motion. If Defendants were apprised of the apparent violation pertaining to brush, gra s and weeds, they would have promptly informed their lawncare service. 33. Denied. The averment is meritless when Defendants were not even apprised of the single notice of viol tion pertaining to brush, grass and weeds which are easily remedied. 34. Denied. Plaintiffs have a clear remedy at law which must start with at least notifying Defendants out the issue. By way of further answer, Plaintiffs can have any excessive weed height r moved by either doing it themselves or hiring someone to take care of it. 35. Denied. pleading is required. 36. Denied. The averment contains a conclusion of law to which no responsive submit that there is no current weed issue. The only item of violation is excessive g ass height. Defendants pay for a lawn service and will notify the individual performing th service since they are just being'apprised of this issue for the first time. 37. Denied The request for a special and preliminary injunction over excessive grass height is not proper gr ands for the extraordinary relief requested. 38. Denied After reasonable investigation, Defendants are without knowledge or information sufficient o form a belief as to the truth of the averment. 39. Admitt d. 40. Admitt d. WHEREFORE Defendants Timothy Keane and Natalie Keane, respectfully request that the Emergency Motio for Special and Preliminary Injunction be denied as the factors necessary to obtain this type of s ecial relief are not present in the Emergency Motion. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date: gy: ~ , Craig A. iehl, Esquire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717)763-7613 Fax: (717)763-$293 Attorney for Defendants VERIFICATION We, Timothy eane and Natalie Keane, Defendants above-named, being duly sworn according to law, dep se that the facts set forth in the foregoing Answer to Emergency Motion for Special and Preli inazy Injunction are true and correct to the best of our knowledge, information, and belie . The undersigned understands that the statements made therein aze made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. ~~ Date: ~ f a ~ TI O ERNE Date: NATALIE KEANE CERTIFICATE OF SERVICE AND NOW, t?~e /9~day of July, 2010, the undersigned hereby certifies that a true and correct copy of t~e foregoing Answer to Emergency Motion for Special and Preliminary Injunction was served ~pon the opposing party by way of personal hand delivery: Peter M. Good, Esquire Jessica E. Mercy, Esquire Smigel, Anderson & Sacks, LLP River Chase Office Center 4431 North Front Street Harrisburg, PA 17108-1778 De A. Fike, Legal Secretary ARUN KAPOOR and IN THE COURT OF COMMON PLEAS OF ANITA KAPOOR, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. N0. 10-1599 CIVIL TERM TIMOTHY KEANE and NATALIE KEANE, Defendant ACTION IN EJECTMENT ORDER OF COURT AND NOW, this 19th day of July, 2010, after hearing, the preliminary injunction is granted in part. Defendants are ordered and directed to vacate the premises within 60 days after Plaintiffs have filed bond in the amount of $5,000.00. By Edward E. Guido, J. ~ Peter M. Good, Esquire Darryl J. Liguori, Esquire For the Plaintiffs Craig A. Diehl, Esquire For the Defendants Sheriff -- ~' ~~t~ ~~~ srs l.:.C~ ' ~ ~.s rn~ t P 7la r~~v C, rte- ru ~.. o ~~~ ~.. ~ .. ,..1.~ ~~ i R , , _ ~ ~ =~ o i i SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center 4431 North Front Street, 3rd Floor Harrisburg, PA 17110-1778 (717)234-2401 Peter M. Good, Esquire I.D. No. 64316 Darryl J. Liguori, Esquire I.D. No. 91715 Attorneys for Plaintiffs ARUN KAPOOR and ANITA KAPOOR, Plaintiffs, v. TIMOTHY KEANE and NATALIE KEANE, Defendants. TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA -, "t"E c.r No. 2010-1599 ' ` ~ c ~'' Y- . (~ ACTION IN EJECTMENT -a _._. : _ ~ - ~ ~`. PRAECIPE Pursuant to the Court's July 19, 2010 Order, please deposit $5,000.00 into escrow from Plaintiffs Arun Kapoor and Anita Kapoor. Respectfully submitted, SMIGEL, ANDERSON, & SACKS, L.L.P. Date: 7~zd~o Q~~ Goo ~ By: Peter M. Good, Esquire ID #64316 Darryl J. Liguori, Esquire ID #91715 River Chase Office Center, 3ra Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiffs Re.C . # ~ ~f ~ a~`/ ARUN KAPOOR and TN THE COURT OF COMMON PLEAS OF ANITA KAPOOR, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 10-1599 CIVIL TERM TIMOTHY KEANE and NATALIE KEANE, . Defendant ACTION IN EJECTMENT ORDER OF COURT AND NOW, this 19th day of July, 2010, after hearing, the preliminary injunction is granted in part. Defendants are ordered and directed to vacate the premises within 60 days after Plaintiffs have filed bond in the amount of $5,000.00. By the Cour~:,~~~ 'F~ •, 4 .r~ ~~r• i ~ ~ Edward E. Guido, J. Peter M. Good, Esquire Darryl J. Liguori, Esquire For the Plaintiffs Craig A. Diehl, Esquire For t.he.Defendants . Sheriff srs r ARUN KAPOOR and ANITA KAPOOR, Plaintiffs, v. TIMOTHY KEANE and NATALIE KEANE, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2010-1599 ACTION IN EJECTMENT CERTIFICATE OF SERVICE I, Peter M. Good, Esquire, attorney for Plaintiffs in the above-captioned matter, hereby certify that I this day served a true and correct copy of the foregoing Praecine upon the person(s) indicated below by depositing a copy of the same in the United States Mail, postage prepaid at Harrisburg, Pennsylvania, and addressed as follows: Craig A. Diehl, Esquire Law Office of Craig A. Diehl 3464 Trindle Road Camp Hill, PA 17011 Attorney for Defendants SMIGEL, ANDERSON & SACKS, L.L.P. Date: 7 ~~/~~ By: Peter .Good, Esquire - ID #64316 Darryl J. Liguori, Esquire - ID # 91715 River Chase Office Center, 3ra Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiffs ~'~ ~'~~ p pQ ~F~lCE SMIGEL, ANDERSON & SACK~~LHJP4 r j 4 River Chase Office Center Q~ ~~ (, ~ 4431 North Front Street, 3rd Floo ~~~S~RLA~r~ (717) 234-2401 17110-1778 ''o~N~S ~'j_~ t~t°`~T ~' Peter M. Good, Esquire I.D. No. 64316 Darryl J. Liguori, Esquire I.D. No. 91715 Attorneys for Plaints ARUN KAPOOR and ANITA KAPOOR, Plaintiffs, v. TIMOTHY KEANE and NATALIE KEANE, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2010-1599 ACTION IN EJECTMENT PLAINTIFFS' MOTION FOR CONTEMPT AND NOW COMES, Plaintiffs Arun Kapoor and Anita Kapoor, by and through their attorneys, Smigel, Anderson & Sacks, L.L.P., who files this Motion for Contempt and aver in support as follows: 1. The Plaintiffs are the owners of the residential property located at 71 Ashton Street, Carlisle, Cumberland County, Pennsylvania 17015 (hereinafter "The Property") 2. The Defendants are currently residing in the Property owned by the Plaintiffs. 3. Plaintiffs commenced this action on or about March 10, 2010 by filing a Complaint setting forth causes of action for ejectment, breach of contract, and unjust enrichment as Defendants are in breach of their Lease Agreement. 4. Plaintiffs subsequently filed a Motion for a Special and Preliminary Injunction on or about July 7, 2010. 5. After a hearing, this Court entered an Order on July 19, 2010 granting Plaintiffs' Motion for a Preliminary Injunction and directed that the Defendants vacate the Property within sixty (60) days of Plaintiffs filing a bond in escrow in the amount of $5,000.00. 2 6. Plaintiffs deposited the escrow funds on August 5, 2010 and therefore October 5, 2010 was the date by which the Defendants were to vacate the Property. 7. As of the date of this Motion, the Defendants have failed to vacate the Property and are in violation of the Court's July 19, 2010 Order. 8. In order to enforce this Court's Order, the Plaintiffs are now filing this Motion for Contempt and asking that this Court: a. Hold the Defendants in contempt for not complying with this Court's July 19, 2010 Order; b. Direct that the Prothonotary enter judgment for possession in favor of Plaintiffs and against Defendants for the Property; c. Direct that the Prothonotary release the sum of $5,000.00 being held in escrow to Plaintiffs; and d. Sanction Defendants in the amount of $1,000.00 which sum represents reasonable attorneys' fees incurred by Plaintiffs in connection with filing this Motion. 9. The Honorable Judge Edward E. Guido has previously ruled on matters in this case. 3 WHEREFORE, Plaintiffs Arun Kapoor and Anita Kapoor respectfully request that this Honorable Court grant Plaintiffs' Motion for Contempt. Respectfully submitted, SMIGEL, ANDERSON & SACKS, L.L.P. Date: October 14, 2010 By: q I.D. Number: 64316 Darryl J. Liguori, Esquire I.D. Number: 91715 River Chase Office Center 4431 North Front Street Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiffs Peter M. Good uire 4 ARUN KAPOOR and ANITA KAPOOR, Plaintiffs, v. TIMOTHY KEANE and NATALIE KEANE, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2010-1599 ACTION IN EJECTMENT CERTIFICATE OF SERVICE I, Peter M. Good, Esquire, attorney for Plaintiffs in the above-captioned matter, hereby certify that I this day served a true and correct copy of the foregoing Plaintiffs' Motion for Contempt upon the person(s) indicated below by depositing a copy of the same in the United States Mail, postage prepaid at Harrisburg, Pennsylvania, and addressed as follows: Craig A. Diehl, Esquire Law Office of Craig A. Diehl 3464 Trindle Road Camp Hill, PA 17011 Attorney for Defendants SMIGEL, ANDERSON & SACKS, L.L.P. Date: October 14, 2010 By: Peter M. Good, E uire - ID #64316 Darryl J. Liguori, Esquire - ID # 91715 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiffs SMIGEL, ANDERSON PETER M. GOOD, ESQUIRE ~Xr IJA V ~IJ LLP PHONE: (717) 234-2401 ATTORNEYS AT LAW TOLL FREE: 1-800-822-9767 FACSIMILE (717) 234-3611 EMAIL: pgood@easllp.com www.sasllp.com October 14, 2010 File No. 9641-2-7 David Buell, Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re: Arun Kapoor and Anita Kapoor v. Timothy Keane and Natalie Keane Docket No. 2010-1599 Deaz Mr. Buell: Enclosed for filing, please find an original and three (3) copies of Plaintiffs' Motion for Contempt in the above-referenced matter. Please file the original, time-stamp the remaining copies, and return the rest to me in the self-addressed stamped envelope. Thank you for your assistance in this matter. Should you have any questions or concerns regarding this matter, please do not hesitate to contact me. Sincerely, Peter M. Good Enclosures PMG/hed cc: Honorable Edwazd E. Guido Craig A. Diehl, Esquire Arun Kapoor River Chase Office Center. 3rd Floor. 4431 North Front Street. Harrisburg Pennsvlvania 17110-1778 A PENNSYLVANIA LIMITED LIABILITY PARTNERSHIP ARUN KAPOOR and ANITA KAPOOR, Plaintiffs V. TIMOTHY KEANE and NATALIE KEANE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2010-1599 CIVIL TERM ORDER OF COURT AND NOW, this 26TH day of OCTOBER, 2010, a hearing on Plaintiff s Motion for Contempt shall be held on TUESDAY, NOVEMBER 2, 2010, at 11:00 a.m. in Courtroom # 3 of the Cumberland County Courthouse, Carlisle, Pa. 17013. / Peter M. Good, Esquire /Craig A. Diehl, Esquire :sld (, ~, S /Y~d t l~ ~. By ourt, Edward E. Guido, J. ~- -a --~ t --; , ~ ~ e.~p ~'' P ~o ~ i ,•,~ ~rr..l !~ ~` ~' , r Craig A. Diehl, Esquire I.D. No. 52801 LAW OFFICES OF CRAIG A. DIEHL 3464 Trindle Road Camp Hill, PA 17011 Attorney for Defendants Timothy Keane & Natalie Keane FILEO-QFFICE QF TH` RR~JTHONOTARY ZO{0 P~~O -2 ~~ l0~ 54 CU~i ~FLA~D COUfdTY ~'RP~t~SYLVANIA ARUN KAPOOR and ANITA KAPOOR, Plaintiffs v. TIMOTHY KEANE and NATALIE KEANE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2010-1599 Civil Term ACTION IN EJECTMENT ANSWER TO PLAINTIFFS' MOTION FOR CONTEMPT 1. Admitted. 2. Denied. Natalie Keane vacated the property on 10/3/10. Tim Keane vacated the property on 10/25/10. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. Defendant, Timothy Keane has had ongoing discussions with Plaintiffs about an extension of this date in exchange for release of the bond. 8. Denied. Defendants are removed from the property. Defendants further agree to the release of the bond in favor of Plaintiffs. 9. Admitted. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date: ,p By: ~ , Craig A. ehl, Esquire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717)763-7613 Fax: (717)763-8293 Attorney for Defendants VERIFICATION I, Timothy Keane, Defendant above-named, being duly sworn according to law, depose that the facts set forth in the foregoing Answer to Plaintiffs' Motion for Contempt are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: ~/-C~j-/C7 CERTIFICATE OF SERVICE AND NOW, the Q? N°~ day of ~ 2010, the undersigned hereby certifies that a true and correct copy of the foregoing Answer to Plaintiffs' Motion for Contempt was served upon the opposing party by way of personal hand delivery: Peter M. Good, Esquire Smigel, Anderson & Sacks, LLP River Chase Office Center 4431 North Front Street Harrisburg, PA 17108-1778 De a A. Fike, Legal Secretary