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HomeMy WebLinkAbout10-4708SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~Q~ygin 0~ ~1tlHbpp~~~~ ~ ~~~~ , ., -.~' ,w fly ~: K "~E S'~SRIFF ~~~(`~ ,~ r, _ ~., 2~(" ~,~-, .. K Pwt e ~ as I ~~~ l.r:;. ~ rrv ` r; 1 t f`,i,_ I,t , Toby Catone vs. Stephen J. Bond, Jr. Case Number 2010-4708 SHERIFF'S RETURN OF SERVICE 07/19/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Stephen J. Bond, Jr., but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Writ of Summons according to law. 07/22/2010 10:02 AM -York County Retum: And now July 22, 2010 at 1002 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Stephen J. Bond Jr. by making known unto himself personally, at 85 River Road, York Haven, PA 17370 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 August 03, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (cl CountySuite Sheriff, Teleosoft, Inc. SHERIFF'S OFFCCE OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff ~ Solicitor "~',' Reuben B Zeager Richard E Rice, II Chief Deputy, Operations Chief Deputy, Administration TOBY CATONE vs. Case Number STEPHEN J. BOND, JR. 10-4708-CIVIL SHERIFF'S RETURN OF SERVICE 07/22/2010 10:02 AM -DEPUTY TODD STAHL, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED WRIT OF SUMMONS (WOSM) BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: STEPHEN J. BOND, JR. AT 85 RIVER ROAD, YORK HAVEN, PA 17370. O D STA L, DEPUTY SHERIFF COST: $36.50 July 29, 2010 SO ANSWERS, CHIEF E<J ZEAGER, AS ACTING SHERIFF RI HARD P KE RLE ,SHERIFF NOTARY Affirmed and subscribed to before me this OOMM®NWE-~6fib @~ P~~~B'~~'~A~I~ 29th day of JULY 2010 y~- L eE~~ ~'CIfiY~QP YOORK, YORK 00~ fiY0 ( i 'C t 'r.. S ._~ilY, 'T f. soli, In". ~~ MY COMMISSION L%RIR!!i ~J~: 1$; $~i'~ 0 ~,4 _:._ - T , _ ~~;, G~ ,:: ,, r~; // Harrisburg, PA 17112 ~~ ~ - , ~ + " (717) 695-2271 FAX (717) 695-2279 steve law@comcast.net Attorney for Plaintiff Steven R. Snyder, Esquire PA Attorney License No. 90994 4292 Emily Drive IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA TOBY CATONE, v. Plaintiff DOCKET NO. 2010-4708 CIVIL ACTION -LAW BONITE, LLC and STEPHEN BOND, JR, JURY TRIAL DEMANDED Defendants N O T I C E YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court House Court Administrator 1 Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 N O T I C I A Le hen demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dies de plazo al partir de la facha de la demands y la notification. Usted debe presenter una apariencia escrita o en Persona o por abogado y archivar en la torte en forma escrita sus defenses o sus objectiones a las demandas encontra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demands. Usted puede perder dinero o sus propiedades o otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Court House Court Administrator 1 Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 Steven R. Snyder, Esquire PA Attorney License No. 90994 4292 Emily Drive Harrisburg, PA 17112 (717) 695-2271 FAX (717) 695-2279 steve law@comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA TOBY CATONE, DOCKET NO. Plaintiff v. CIVIL ACTION -LAW BONITE, LLC and STEPHEN BOND, JR, JURY TRIAL DEMANDED Defendants COMPLAINT NOW COMES, Plaintiff, Toby Catone, by and through her attorney, Steven R. Snyder, Esquire and files the within Complaint, and in support thereof, avers the following: 1. Plaintiff Toby Catone is an adult individual with her address at 112 Millers Gap Road, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendant Bonite, LLC is, upon information and belief, a Pennsylvania limited liability company with an address of 85 River Road, York Haven, York County, Pennsylvania 17370. 3. Defendant Stephen Bond, Jr. is an adult individual with a business address of 85 River Road, York Haven, York County, Pennsylvania 17370. 4. At all times relevant hereto it is believed and therefore averred that Stephen Bond, Jr. is an officer and shareholder of Borate, LLC. 5. On or about November 25, 2007, Plaintiff Toby Catone entered into an Agreement for Sale of Residential Real Estate ("Agreement") with Bonite, LLC for real property located at 112 Millers Gap Road, Enola, Cumberland County, Pennsylvania, 17025 ("Property"). A true and correct copy of the Agreement for Sale of Real Estate is incorporated herein and attached hereto as Exhibit "A." 6. Defendant Stephen Bond is listed on the Agreement as a broker/agent for the buyer, Plaintiff Toby Catone. 7. It is believed and therefore averred that at the same time Defendant Bond purportedly represented the interests of the buyer, he was also an officer and shareholder of the seller, Bonite, LLC. 8. On or about August 9, 2007, Defendant Stephen Bond, Jr. in his capacity as Vice President of Bonite, LLC executed a Seller's Property Disclosure Statement ("Disclosure Statement"). A true and correct copy of the Seller's Property Disclosure Statement is incorporated herein and attached hereto as Exhibit "B." 9. The Disclosure Statement makes no reference whatsoever to any problems with the roof of the Property. 10. On or about January 10, 2008, a real estate closing was held at which time Plaintiff Toby Catone took ownership of the Property from Bonite, LLC. 11. Subsequent to buying the Property, Plaintiff discovered significant and substantial damage and deterioration to the roof. 12. No such damage or deterioration was noted on the Seller's Disclosure form. 13. The cost estimate to repair/replace the roof of the Property is eight-thousand, four-hundred, ninety dollars ($8,490.00). A true and correct copy of the invoice to repair/replace the roof is incorporated herein and attached hereto as Exhibit "C". 14. Seller's Property Disclosure Statement (attached hereto as Exhibit "B.") further contains a statement that a new central air conditioner was installed on June, 2006. 15. After moving into the property, the central air conditioner malfunctioned the first time it was turned on 16. Plaintiff contacted an HVAC contractor who inspected the system, and informed Plaintiff that the air conditioner was approximately thirteen years old and needed to be replaced. 17. Anew air conditioning unit was installed at a cost to Plaintiff oftwo-thousand, two-hundred and sixty-five dollars ($2,265.00). A true and correct copy of the invoices to repair/replace the air conditioner are incorporated herein and attached hereto as Exhibit "D". COUNTI PLAINTIFF v. BONITE, LLC AND STEPHEN BOND, JR. BREACH OF CONTRACT 18. Paragraphs 1 through 17 are incorporated herein as if set forth at length. 19. Plaintiff Toby Catone and Defendants Stephen Bond, Jr. and Bonite, LLC entered into a contractual relationship for the sale and purchase of the said Property which included an offer to purchase the property by Plaintiff and an acceptance by Defendants of Plaintiffls offer together with valuable consideration as set forth in the contract attached as Exhibit "A". 20. The contract between the parties further included a Seller's Property Disclosure Statement, required by the Pennsylvania Real Estate Disclosure Law (68 P.S. § 7301), wherein Seller is required to truthfully disclose any known material defects to the property to the Buyer. See Exhibit "B'. 21. Defendants Stephen Bond, Jr. and Bonite, LLC owed Plaintiff a duty of fair dealings inherent in any contractual relationship as well as a duty pursuant to the Pennsylvania Real Estate Disclosure Law to truthfully disclose any known defects to the property. 22. Defendants Stephen Bond, Jr. and Bonite, LLC knowingly and willfully failed to disclose the existence of problems with the roof on the Property and the air conditioner as required by law. 23. This failure to disclose problems with the roof and air conditioner constitutes a breach by the Defendants of the contract and Sellers Disclosure Statement between the parties. 24. Plaintiff has been harmed as a result of Defendants' breach in that she is forced to incur expenses to fix the roof and air conditioner in the amount of . WHEREFORE, Plaintiff Toby Catone respectfully requests this Honorable Court enter judgment on her behalf and award damages in the amount often-thousand, seven-hundred and fifty-five dollars $10,755.00 together with interest, attorney's fees and whatever other such relief be deemed appropriate by this Court. COUNT II PLAINTIFF v. STEPHEN BOND, JR. BREACH OF FIDUCIARY DUTY 25. Paragraphs 1 through 24 are incorporated herein as if set forth at length. 26. Defendant Stephen Bond, Jr. had a common law and per se fiduciary relationship with Plaintiff Toby Catone pursuant to the Real Estate Licensing and Registration Act (RELRA) 63 P.S. §§455.101 et al and specifically § 455.606, in that he purportedly represented her interests in the real estate transaction while at the same time being a licensed realtor and owner of the property in question.. 27. This representation created a common law and per se fiduciary relationship with Plaintiff Toby Catone pursuant to the Real Estate Licensing and Registration Act (RELRA) 63 P.S. §§455.101 et al and specifically § 455.606. 28. Concurrent to representing Plaintiff Toby Catone as a broker, Defendant Stephen Bond, Jr. was also Vice President of the seller, Bonite, LLC. 29. Bond breached his fiduciary duty to Catone when he failed to disclose or cause Bonite, LLC to disclose the true condition of the roof and air conditioning on the property. 30. Defendant Stephen Bond, Jr. further breached his fiduciary duty to Plaintiff by failing to advise her to more carefully scrutinize the Seller's Disclosure form and to otherwise ask questions of the seller, of which Defendant Bond had a financial interest. 31. As a result of Defendant Bond's breach of fiduciary duty, Toby Catone suffered damages for the cost to repair and/or replace the roof and air conditioner. 32. In addition, Plaintiff Toby Catone is entitled to punitive damages based on Defendant Bond's breach of fiduciary duty. WHEREFORE, Plaintiff Toby Catone respectfully requests this Honorable Court enter judgment on her behalf and award her compensatory damages, punitive damages, interest and attorney's fees in an amount in excess of the limits of arbitration together with any other relief this Court deems appropriate and in the interest of justice. COUNT III PLAINTIFF v. BONITE, LLC. AIDING AND ABETTING BREACH OF FIDUCIARY DUTY 33. Paragraphs 1 through 32 are incorporated herein as if set forth at length. 34. It is believed and therefore averred that Bonite, LLC and Stephen Bond, Jr. worked together to withhold information from Plaintiff Toby Catone regarding the true condition of the roof. 35. It is believed and therefore averred that Bonite, LLC knew that Defendant Stephen Bond, Jr. was representing Plaintiff Toby Catone as her real estate broker/agent, and that Defendant Bond owed Plaintiff Catone a fiduciary duty. 36. Bonite, LLC knew that Bond's failure to properly advise Catone with regards to the true condition of the roof would constitute a breach of Bond's fiduciary duty to Catone. 37. Bonite, LLC gave substantial assistance to Bond in breaching his fiduciary duty, in that Bonite, LLC knew that Bond would not disclose the defects to his client, the Plaintiff; Bond knew that Bonite, LLC would not disclose the condition of the roof to Plaintiff as Buyer; and both Bonite, LLC and Bond would gain financially by these actions. 38. Bonite, LLC had a duty to Catone arising from the Agreement for Sale of Real Estate independent from Bond's fiduciary duty as Plaintiffls real estate broker/agent. 39. Plaintiff is entitled to compensatory and punitive damages from Bonite, LLC based on its aiding and abetting Bond's breach of fiduciary duty. WHEREFORE, Plaintiff Toby Catone respectfully requests this Honorable Court enter judgment on her behalf and award her compensatory damages, punitive damages, interest and attorney's fees in an amount in excess of the limits of arbitration together with any other relief this Court deems appropriate and in the interest of justice. COUNT IV PLAINTIFF v. BONITE, LLC AND STEPHEN BOND, JR. FRAUDULENT MISREPRESENTATION 40. Paragraphs 1 through 39 are incorporated herein as if set forth at length. 41. Bonite, LLC submitted a Seller's Disclosure form that was signed by Defendant Stephen Bond, Jr. 42. The Seller's Disclosure form made no reference to the true condition of the roof and made an affirmative false statement as to the age of the air conditioner. 43. By failing to disclose the true condition of the roof and air conditioner, Defendants Bonite, LLC and Bond represented that the roof was in good condition and the air conditioner was replaced as new in 2006. 44. The condition of the roof and age of the air conditioner are material to the purchase of real estate. 45. The representations that the roof was in good condition and that the air conditioner was purchased in 2006 were made falsely, and both Defendants had knowledge of their falsity. 46. In the alternative, the representations as to the condition of the roof and air conditioner were made recklessly by the Defendants as they were in a position to know whether or not the representations were true. 47. Defendants intended that Toby Catone rely upon the Seller's Disclosure and its silence as to the true condition of the roof and the age of the air conditioner. 48. Plaintiff Toby Catone did in fact rely on the Seller's Disclosure in all respects. 49. Toby Catone was further justified in her reliance on the Defendants' representations as to the condition of the roof and air conditioner in that her real estate broker, defendant Bond did not alert her to the representations despite the fact that he was an officer of Bonite LLC. 50. Plaintiff Toby Catone's damages are proximately related to her reliance on the representation in that she has and will further incurred expenses related to repairing/replacing the roof and the air conditioner 51. Plaintiff Toby Catone is entitled to both compensatory damages and punitive damages based on the Defendants' fraudulent misrepresentation. WHEREFORE, Plaintiff Toby Catone respectfully requests this Honorable Court enter judgment on her behalf and award her compensatory damages, punitive damages, interest and attorney's fees in an amount in excess of the limits of arbitration together with any other relief this Court deems appropriate and in the interest of justice. COUNT V PLAINTIFF v. BONITE, LLC AND STEPHEN BOND, JR PIERCE THE LIMITED LIABILITY PROTECTION OF BONITE. LLC 52. Paragraphs 1 through 51 are incorporated herein as if set forth at length. 53. Defendant Stephan Bond, Jr. is an owner of Bonite, LLC. 54. Stephan Bond, Jr. and Bonite, LLC have committed fraud and misrepresentation in falsely representing the condition of the home they sold to Plaintiff in the Seller's Disclosure Statement. 55. Stephan Bond, Jr. and Bonite, LLC. have further committed fraud and misrepresentation when Bond acted as Plaintiff's realtor while at the same time owner or having an ownership interest in the property being. sold by Bond, owned by Bonite, LLC. 56. The protection from liability afforded Stephen Bond, Jr. by virtue of the Limited Liability Company status of Bonite, LLC should be pierced and personal liability found against Stephen Bond, Jr. WHEREFORE, Plaintiff Toby Catone respectfully requests this Honorable Court iU erce the Limited Liability status of Bonite. LLC and hold both Bonite LLC and Stephen Bond Jr personally liable for Breach of Contract, Breach of fiduciary Duty Fraud and Misrepresentation as set forth herein, and enter judgment on her behalf and award her compensatory damages, punitive damages, interest and attorney's fees in an amount in excess of the limits of arbitration together with any other relief this Court deems appropriate and in the interest of justice. COUNT VI PLAINTIFF v. BONITE, LLC AND STEPHEN BOND, JR VIOLATED THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW (73 P.S. & 201.1, ET. SEO ) 57. Paragraphs 1 through 57 are incorporated herein as though fully set forth at length. 58. An individual who purchases goods, including real estate, may bring a private action to recover damages caused by another's act or practice declared unlawful by The Unfair Trade Practices Act and Consumer Protection Law ("UTPCPL") (73 P.S. § 201.1, et seq.). 59. The UTPCPL provides in part that: Any person who purchases or leases goods or services primarily for personal, family or household purposes and thereby suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by any person of a method, act or practice declared unlawful by section 3 of this act, may bring a private action to recover actual damages or one hundred dollars ($ 100), whichever is greater. The court may, in its discretion, award up to three times the actual damages sustained, but not less than one hundred dollars ($ 100), and may provide such additional relief as it deems necessary or proper. The court may award to the plaintiff, in addition to other relief provided in this section, costs and reasonable attorney fees. Emphasis added 73 P.S. § 201-9(a). 60. The UTPCPL defines "unfair methods of competition" and "unfair or deceptive acts or practices" to include "engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding." 73 P.S. § 201-2(4)(xxi) 61. Pennsylvania courts had determined that, "[i]n order to establish a violation of ... [73 P.S. § 201-2(4)(xxi)] a plaintiff must prove all of the elements of common-law fraud." Sewak v. Lockhart, 699 A.2d 755, 761 (Pa. Super. 1997). 62. The Court has further held that, [i]n real estate transactions, fraud arises where a seller knowingly makes a misrepresentation, undertakes a concealment calculated to deceive, or commits non-privileged failure to disclose. De Joseph v. Zambelli, 392 Pa. 24, , 139 A.2d 644, 647 (1958). 63. In providing Plaintiff with a Seller's Property Disclosure Statement, Defendants made an affirmative representation to Plaintiff regarding the condition of the dwelling. 64. The Seller's Property Disclosure Statement is material to the real estate transaction and is required by Pennsylvania Law. Real Estate Disclosure Act 68 Pa.C.S. §§ 7303-04 65. Defendants knowingly and recklessly, made false statements and intentionally concealed material information regarding defects in the roof and the air conditioners age. 66. Plaintiff was justifiable in her reliance on the misrepresentation and falsities made in the Seller's Property Disclosure Statement provided by Defendants. 67. As a direct, proximate and foreseeable result of her reliance on the false and misleading statements and concealment of material defects, made by Defendants, Plaintiff has and will suffered monetary damages as set forth herein. 68. The UTPCPL, section 201-9(a) provides that, "the court may, in its discretion, award up to three times the actual damages sustained." WHEREFORE, Plaintiff requests both three times actual damages, punitive damages, plus attorney fees and such other relief as the court may deem proper and in an amount in excess of the limits of arbitration. Respectfully submitte , Date: August 9, 2010 Steven R. Snyde ,Esquire Attorney ID Number 90994 2411 North Front Street, Suite 200 Harrisburg, PA 17110 (717) 238-9130 Attorneys for Plaintiff VERIFICATION I, Toby Catone, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: Q ~. ? Q ~ U 0~ Toby Cat e Steven R. Snyder, Esquire PA Attorney License No. 90994 4292 Emily Drive Harrisburg, PA 17112 (717)695-2271 FAX (717) 695-2279 steve law@comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA TOBY CATONE, DOCKET NO. 2010-4708 Plaintiff v. CIVIL ACTION -LAW BONITE, LLC and STEPHEN BOND, JR, JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, as follows: Stephan J. Bond, JR Bonne LLC 85 River Rd York Haven, Pennsylvania 17370-9746 Date: August 9, 2010 Steven R. Snyder, squire PA Attorney License No. 90994 4292 Emily Drive Harrisburg, PA 17112 (717) 695-2271 FAX (717) 695-2279 Attorneys for Plaintiff EXHIBIT A STANDARD AGREEMENT FQR. THE SALE QE ;&EAL: ESTATE A/S-R ' This form. recommended and approved for, but not restricted to use ~ the~Cmbera of the Pennsylvania Association of REALTORSm (PAR). ,,L~'L1~1+K S Bil~[NESS REL ~IOS1I)P WITH PA LICENSED'BROKER BROKER (Company)_ ~~1:1 '~ , ~ t,~~,s~ PHONE ADDRESS _ FAX LICENSEE(S) '•F ' ' ~^ ~ t~ ,, ~;~ : ~ Designated Agent? ^ Yes ^ No BROKERIS THE AGENT FOR SELLEIti. OR (if checked below): Broker is NOT the Agent for Seller and is a/an: ^ AGENT FOR BUYER ^ TRANSACTION LICENSEE BUYER'S. BUSINESS REI,iATIQNSHIP WITH PA LICENSED BROKER BROKEN{Company) ~~' ~ rt' ~ ~'' PHONE ADDRESS ' ~ ~ ~ <f .../ ,,. d ' LICENSEE(S) ~- ~ ~ ~ . ~ ~ , a:.f t ,n BROKER IS THE AGENT FOR BUYER `~ OR (if checked below): Broker is NOT the Agent for Buyer and is a/an: ^ AGENT FOR SELLER Agent? ^ Yes ^ No SUBAGENT FOR SELLER ^T TRANSACTION LICENSEE ..,,~.. ~,~~ earuo nrunor ra r~genr ror aeuer ana agent ror nuyer, nroxer is a Dual Agent. Au of Broker's licensees are also Dual Agents UNLESS there are separate Designate(d~Agents for Buy+er and Seller. If the same Licensee is designated for Seller and Buyer, the Licensee is a Dual Agent. 1. ~~j[g ~g~CEClttCttt, dated t ~>>-,> ; ~ `0 ,-3 is between 2 3 4 5 8 7 8 9 10 SELLER(S): BUYER(S): f. 1. 61 f Y : `.~",7 ! ,.- - ~,...~ r' ~ ~' ~r c$~' - r _ ~,i 1 S •~ ~ r 2. PROPERTY (9-OS) Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: ALL THAT CERT/AIN lot or piece of ground with buildings and improvements thereon erected, if any, known as: ,called "Seller," and ,called "Buyer." 11 in the ~ : '~ L7 of 1 s ~~ f 12 County of f> ~ > E f -r! ' ~.'r in the Commonwealth of Pennsylvania. IdentiScation (e.g., Tax ID #; Parcel #; 13 Lot, Block; Deed Book, Page, Recording Date): s « - : ;'f _ ?{ ~ -~-~ t 1a , 3. TERMS-(9-05) ,:.,.__. 15 (A) Purchase Pm„c ~: c ~-~ r_. ~~,~. =,s=-- ,~,+~•t~•---- ~-.- ~ °- ;d~°'I7 ~ y E.4 ; ,which will be paid to Seller b. ~ ff~ fo)lows: 7 t8...r`:~. ~' a'' 1. Cash or check at signing this Agreement: ~~.. .~,~ ~; .1, Z,r,,{:a t9 t ~' ~ 2. Cash or check within days of the execution of this Agreement: 20 3. U.S. Dollars, =.:. t:J 21 4. Cash or cashier's check at time of settlement: $ ~~' ~;~~1> ~ TOTAL $ ,;~'~ /~;:; 23 D osits aid b Bu er within (B) ep p y y 3~ DAYS of settlement will be by cash or cashier's check. Deposits, regardless of the form of payment and , 24 the person designated as payee, will be paid in U.S. Dollars to Broker for Seller (unless otherwise stated here), 25 ,who will retain 28 deposits in an escrow account until consummation or termination of this Agreement in conformity with all applicable laws and regulations. Any 27 check tendered as deposit monies may be held encashed pen ' tl~e acceptance of this Agreement. 28 (C) Seller's written approval to be on or before: ,:'•%r':/G 2s (D) Settlement to be on i~~.~';~ a':. ,f rr , or before if Buyer and Seller agree. 30 (E) Settlement will occur in the county where the Property is located or in an adjacent county, during normal business hours, unless Buyer and 31 Seller agree otherwise. 32 (F) Conveyance from Seller will be by fee simple deed of special warranty unless otherwise stated here: ~'~' 33 3a (G) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here: 35 36 (H) At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing where applicable: cur- 37 rent taxes (see Information Regazding Real Estate Taxes); rents; interest on mortgage assumptions; condominium fees and homeowner asso- 38 ciation fees; water and/or sewer fees, together with any other lienable municipal service. All chazges will be pro-rated for the period(s) cov- 39 eyed. Seller will pay up to and including the date of settlement and Buyer will pay for all days following settlement, unless otherwise stat- a0 ed here: - 41 Buyer Initials A/S-R Page 1 of 10 Seller Initials: ~ : ; "' ' ` "`t`''' Revised 9/05 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS® 2005 Pennsylvania Association of 9ios REALT ~S's ~., .~..W._......,...-w......_._~ 2 3 a S 6 7 8 9 10 11 12 13 14 15 is 17 18 19 20 21 22 23 24 25 zs 27 28 2s 3a 31 32 33 34 35 36 37 38 39 40 41 4. FIIi;TURES & PERSONAL PROPERTY (9-05) (A) INCLUbED in thinsale are alI existing items peralanentty installed in the ProPeriy,.freC~nf liens, including plumbing; heating; ligli~tg fix- lures (including chandeliers and ceiling fans); water treatmentsystems; pool-and spa°equipmet-t;:garage-door openers and transmitters;-tele-' vision antennas; unpotted shrubbery, plantings and fees; .any remaining heating and cooking _faels stored on the Property at the time of set- tlement; sump Pumps; .storage. sheds; mailboxes; wall to wall carpeting; existing window screens,, storm windows and screen/storm doors; vvindow covering hardware, shades-and blinds; awnings; built-in air conditioners; built-in appliances; and.the range/oven unless otherwise.. stated. Also included: ~d,. i r r;•er. ;°,...u ; ~ ._~~d~ ~ .,,,_, _, .,,,-~ (B): LEASID items (not owned by Seller): fG~ :EXCLUDED Sxtures and items: sG~ r".: 1, =,,, . ..~ 5. bATES/TII1~IE' IS OF THE ESSENCE (9-OS) (A) The settlement date and all other dates and-times referred to for the performance of any of the obligatioiis offs Agreement are of the essence and are binding. (B) Forpnrposes of tiffs Agreement, thenumber of days will. be counted from the date of execution, excluding the day this Agreement was exe- . ruled and includin the last da of th t' 'od Th E 42 43 a4 45 as a7 a8 49 50 51 52 53 54 55 Ss 57 g y e rrne pen a xecutron Date of thrs Agreement rs the date when Buyer and Seller have mdreated 5a full°acceptance of this Agreement °by signing and/or initiating-it. All changes to this Agreement.should be initialed and dated: 59 (C) The settiem~ti date is not extended by any other provision of this Agreement and may only be extended by mutual written agreemem of the parties: ' so (D) Certain time periods are pre-printed in this Agreement as'a convenience to the Buyer and Seller.•All pre-printed time periods are negi5tiable st and may be changed by striking out: the pre printed text and inserting a different time period acceptable to all parties. 62 6. MORTGAGE CONTINGENCY.(9-05) s3 WAIVED. This sale is NOT contingent an mortgage financing, although Buyer may still obtain mortgage financing. 64 ELECTED. ~ (A) This sale is contingem upon Buyer obtaining mortgage financing as follows: ~ First Mortgage on the. Property Second Mortgage on >the Property 67 Loan Amount S Loan Amount $ ~ Minimum Tenn ~F ~,_ Years Minimum Term yearn s9 Type of mortgage `,z~,$~.' `- ' :, < <.s. ~ 1'YP g g 70 r e of wort a e Mortgage lender '~ ; ~. - r>; r~ ! ,..,.~. Mortgage lender ~ 81 82 68 84 +~ 87 86 90 9/ 92 93 94 9<i 96 97 96 too 101 toz 103 704 105 106 10] Interest rate ~ ` %; however, Buyer agrees to accept the interest rate as maybe committed`by the mortgage lender, not to exceed a maximum interest rate of ,'; ;' %. Discount points, loan origination, Loan placement and other fees charged by the lender as a percentage of the mortgage loan (excluding any mort- gage insurance premiums or VA funding fee) not to exceed (0% if not specified) of the mortgage loan. 73 Interest rate % hov6ever, Breyer agrees to accept the 74 interest. rate as may be committed by he mortgage lender, not to 75 exceed a maximum interest'rate of %. 7s Discount points, loan.origination, loan placement and other fees charged 77 by the lender as a percentage of the mortgage loan (excluding any more- 78 gage insurance premiums or. VA funding fee) not to .exceed: 7s (0%o if not specified) of the mortgage loan. eo The interest rate(s) and fee(s) provisions in paragraph 6 (A) are satisfied if the mortgage lender(s) gives Buyer the right to guarantce the interestrate(s) 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 l~dea(s), to contn'brrte-financially, without promise of reimbursement, to the Buyer and/or the: mortgage. lender(s) to make the above mortgage terrrrs' available to Buyer. (B) Within days (1Q if not specified) from the Execution Date of thsAgreement, Buyer will make s commeted, written mortgage appli- ration for the mortgage terms stated above to the mortgage lender(s) identified in paragraph 6 (A), if any, otherwise to a responsible mortgage lender(s) of Buyer's choice. Broker for Buyer, if any, sotherwise Broker for Seller, is authorized to communicate with the mortgage lender(s) to assist in the mortgage loan: process. (C) Should Brayer furnish false or incomplete information to Seller, Broker(s), or the mortgage lender(s) concerning Buyer's legal or Snancial status, or fail to cooperate in, good-faith is processing the mortgage loan application, which results in the<mortgage lender(s): refusing to approve a mortgage loan commitment, Buyer will be in default of this Agreement.. (D) i. Mortgage commitment date: . (~~, :}~~ _: - ? ~. If Seller does not receive a copy of Buyer's mortgage commitment(s) by this date, Buyer and Seller agree to extend the mortgage commitment date until Seller terminates this Agreement by written notice to Buyer. 2. Upon receiving a mortgage commitment, Buyer will promptly deliver a copy of the commitment to Seller. 3. Seller may terminate this Agreement in writing after the mortgage commitment date, if the mortgage commitment(s): a. IS not valid until the date of settlement, OR b. TS conditioned upon the sale and settlement of any other property, OR c. Does not satisfy all the mortgage temrs as stated in paragraph 6 (A), OR d. Contains any other condition not specified in this Agreement that is not satisfied and/or removed in writing by the mortgage lender(s). within ~_ DAYS after the mortgage commitment date in paragraph 6 (D) (1), other than those conditions that are customari- ly satisfied at or near settlement, such as obtaining insurance and confirming employment status. 4. ffthis Agreement is terminated pursuant to paragraphs 6 (I)) (1) or{3), or the mortgage loan(s) is not obtained for settlement, all deposit monies will be returned to Buyer according to the terms of paragraph 30 and this Agreement wilt bt VOID. Buyer will be responsible for airy costs incurred by Buyer for any inspections or certifications obtained according to the temps of this Agreement, and any costs incurred by Buyer for.. (1) Title seatcb, title insurance and/or mechanics' Ilea ina„rance, or any fee for cancellation; (2) Flood insurance and/or fire incnr.,nce with extended cov- ewge, mine subsidence incnrance, or any fee for cancellation; (3) Appraisal fees and charges paid in advance to mortgage lender(s). ~ ~~~ ! .~ A/S-R Page 2 of 10 Seller Initials: ,~' ~' ^~~ ~ l / ~~ toe (E) , If the mortgage lender(s), or an insurer providing property and casualty insurance as required by, the mortgage lender(s), requires repairs to the 1os • "• Property, Buyer will, upon receiving the requirements, deliver a copy of the requirements to Seller. Within ~_ DAYS of receiving the copy 110 of the requirements, Seller will notify Buyer whether Seller will make the required repairs at Seller's expense. ttt 1. If Seller makes the required repairs to the satisfaction of the mortgage lender(s) or insurer, Buyer accepts the Property and agrees to the tt2 RELEASE in paragraph 27 of this Agreement. 113 2. If Seller will notmake-the required repairs, or if Seller fails. to respond within the.time :given, Buyer will, within 5 DAYS,.. notify 114 Seller of Buyer's choice to: t15 a. Make the required repairs, at Buyer's expense, with permission and access to the Property given by Seller; permission and access may 116 not be unreasonably withheld by Seller, OR 1t7 b. Terminate this Agreement by written notice to Seller, with all depositmonies returned to Buyer according to the terms of paragraph 118 30 of this Agreement. 119 ` , (F) Seller Assist 120 ,,~ ~ NOT APPLICABLE 121 ~ APPLICABLE. Seller will pay: t ~, ,i j ^ $ , or % of Purchase Price, max,murn, toward Bu er's costs. as acc table: to the wort a lend 123 ,..:, 1 r ~;,1;;^ y eP gag er(s), 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 1ao tat 142 143 144 145 146 147 148 149 150 151 152 153 154 155 t56 157 158 159 160 161 162 163 164 165 1ss 167 168 tss 170 FHANA, IF APPLICABLE (G) dt is expressTy~agreed that notwithstanding any. other provisions of this contract, :Buyer will .not be obligated to complete the purchase of the Propertydescribed lerein,or to incur any penalty by forfeiture. of earnest money deposits or otherwise uress Buyer has been given, in accordance with HUD/FHA or VA requirements, a written statement by the Federal Housing Commissiotier, Veterans Administration, or a Direct Endorsement Lender setting forth the appraised value of the Property of not less than $ (the dollar amount to be inserted is the sales price as stated in this Agreement). Buyer will have the privilege artd option of proceedingwith consummation of the contract without regard to the amount of the appraised valuation. The appraised, valuation is arrived at to determine 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/herselftpat the price and condition of the Property-aze acceptable. Warning: Section IOlO 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 fined under this title or imprisoned pot more than two years, or both." (Ii) U.S. Department of Housing and` Urbaa Development (HUD) NOTICE TO PURCHASERS: Buyer's Acknowledgement ^ Buyer has received the I"Notice "FOr Your Protection: Get a Home Inspection." Buyer understands the importance of getting an independent hvrrte inspection and has thought about this before signing this Agreement. Buyer understands that FHA will not perform a home inspection nor guarantee the price or condition of the Property. (1) Certificatioa- We the undersigned, Seller(s) and Buyer(s) party to this transaction each certify that the terms of this contract for purchase are true to the best of our knowledge and belief, and that any other agreement entered into by any of these parties in connection with this transaction is attached to this Agreement. 1os 109 tto 111 tt2 113 tta 115 116 177 118 119 120 t2t 122 123 124 7. WAIVER OF CONTINGENCIES (9-OS) If this Agreement is contingent on Buyer's right to inspect and/or repair the Property, or to verify`insurability, environmental conditions, 143 ta4 boundaries, certifications, zoning classification or use, or any other information regarding the Property, Buyer's failure to exercise any of ta5 Buyer's options within the times set forth in this Agreement is a WAIVER of that contingency and Buyer accepts the Property and agrees ~o tas the RELEASE in paragraph 27 of this Agreement. 147 8. PROPERTY INSURANCE AVAILABILITY (9-OS) t48 ^ WAIVED. This Agreement is NOT contingent upon Buyer obtaining property and casualty insurance for the Property, although Buyer may 149 still obtain property and casualty insurance. ~' ELECTED C ti P i d t5o . on ngency er o : DAYS (15 if not specified) from the Execution Date of this Agreement. 15t Within the Contingency Period, Buyer will make application for property and casualty insurance for the Property to a responsible insuret: Broker 152 for Buyer, R any, otherwise Broker for Seller, may communicate with the insurer to assist in the insurance process. If Buyer cannot obtain 153 ..property and casualty insurance for the Property on terms and conditions reasonably acceptable to Buyer, Buyer will, within the Contingency. t54 Period: 155 (A) Accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, OR 156 (B) Temunate this Agreement by written notiee to Seller, with all deposit monies returned to Buyer according In the terms of paragraph 30 of this 157 Agreement, OR 156 (C) Enter into a mutually acceptable written agreement with Seller. If Buyer and Seller do not reach a written agreement daring the Contingency Period, and Bayer does not terminate this Agreement by t59 tso written notice to Seller within thaf time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement. tst 9. INSPECTIONS (9-05) 162 (A) Seller will provide access to insurers' representatives and; as may be required by this Agreement, to surveyors, municipal officials, and inspec- ts3 tors. If Buyer is obtaining mortgage financing, Seller will provide access to the Property to appraisers and others reasonably requu~ed by most= 16a gage lender(s). Buyer may attend any inspections. 165 (B) Buyer may make apre-settlement walk-through inspection of the Property. Buyer's right to`this inspection is not waived by any other provision 166 of this Agreement. 167 (C) Seller will have heating and'all utilities (including fuel(s)) on for all inspections. tss (D) All inspectors, including home inspectors, are authorized by Buyer to provide a copy of any inspection report to Broker for Buyer. 1 s9 (E) Seller has the right, upon request, to receive without charge a copy of any inspection report from the party for whom it -was prepared. 170 t7t Buyer Initials: ~ ' A/S-R Page 3 of 10 SellerInitials• ~`~a.~ w"~ t7t t72 10. INSPECTION CONTINGENCY OPTIONS-(9-OS} t72 173 The inspection contingencies elected by Buyer in paragraphs 11-15 are controlled by the Options set forth below The time periods stated in t73 17a these Options will apply to all inspection contingencies "in paragraphs 11-15 .unless otherwise stated in this Agreement. t7a t75 Option 1. Within the Contingency Period, as stated in paragraphs 11-15, Brayer will: t75 176 1. Accept the Property with the information stated n~the report(s) and agt~ee to the lIELEASE tr paragraph 27 of this Agreement, OR t 7s t77 2. If Buyer is not satisfied with the information stated in the report(s), terminate this Agreement by written notice to.Seller, with all deposit t77 t78 monies returned to"Buyer according to the terms of paragraph 30 of this Agreement, OR 17a fl9 3. Enter: into a mntnally acceptable written.. agreement with" Seller providing for any repairs: or_ improvements to the: Properly and/or any t79 teo credit to Buyer at settlement, as acceptable to the mortgage lender(s), if any. te0 i8t If Buyer and Seller do not reach a written: algeement durhtg the specified Contingency;Period, and Buyer does root terminate this t8t t82 Agreement by written ~otiee to Seller within that time,:Boyer wilt accept the Property and agree to the RELEASE in paragraph t82 tea 27 of this Agreement. t~ tea Option 2. Within the Contingency Period, as stated in paragraphs 11.15, Brayer will: tea t85 1; Accept the Property with the information stated in the report(s) and agree to the RELEASE in paragraph 27 of'this Agreement, OR i85 t~ 2, If Buyer is not satisfied with the:infotmationstated in the report(s), Presentthe report(sj'to Seller with a Written=Corrective Proposal 1ss t87 ("Pri-posaP'j listing corrections and/or credits:desired by Buyer.: The Proposal stay, but=is not requiredto, include the name of a prop- t87 t88 erly licensed: or qualified professional to perform the corrections requested in the. Proposal, provisions for:payment, including retests, and t es t89 a. projected date for cou~sletion of the corrections.. Buyer agrees that Sellerrwill not;be held liable for corrections that=do not comply with ~ te9 i~ mortgage lender or gouemmental requirements if performed in a workmanlike-matmer according to the terms of Buyer's Proposal; or by t90 191 a contractor selected hyBuyer. t9t t92 a. Within days,(? if not-specified) of receiving Buyer's Proposal, Seller will inform Buyer in writing of Seller's choice<to: 192 t93 (1) Satisfythe`tetms"ofBuyer'sProposal;OR t93 t94 (2} Credit Buyer at-settlement for the costs to satisfy the terms of Buyer's Proposal, as acceptable tit thc mortgage lender(s), if any, OR t9a 195 (3) Not satisfy the ternts of Buyer's Proposal and not credit Buyer.at settlementfor the costs to satisfy the ternis ofBuyer's Proposal. 195. 198 b. If Seller agrees to satisfy the terms of Buyer's Proposal or to credit Buyer at settlement as specified above, Buyer accepts the Property 196 197 and agrees to the RELEASE in paragraph 27 of this Agreement. t97 t98 c. If Seller chooses not to satisfy the erms of Buyer's Proposal and not to credit:Buyer at settlement:as specified above, or if Seller fails t98 t99 to choose any option within the time given, Buyer will, within.- days (5 if not specified):.:. tgg zoo (1) Accept the Property with the information stated in thereport(s)and agree to-:the RELEASE in paragraph 27 of this Agreement; OR 200. tot (2) Terminate this.Agreement-by written notice to Seller, with all depositmonies retained to Buyer according to the temvs of pars- tot 202. graph 30 of this Agreement, OR .202 .203 (3) Enter into a.mtrtually.acceptable writtem agreement with Sellerproviding-for any repairs or improvements to the Property and/or 203. 2oa any.credit to Buyer at settlement, as acceptable to the mortgage lender(s); if any. 204 205 If Buyer and Seller do not reach a written agreement during the time specified in Option 2, 2. c., and'Bnyer does not ter- 205 208 minate:tthis ,P-gReement by written notice to Seller within that time, Buyer will accept the Property and agree: to the 206 207 RELEASE in paragraph 27`of this Agreement. 207 Zoe 11: PROPERTY II~TSPECTION CON'~TII`1GENCY'(9-OS) (See Property and Environmental Inspection Nattoes) - 208 209 Buyer:understands that property=inspectons, certifications and/or. investigations can-be performed. by professional contractors; home inspectors, 2os 2to , engineers, architects and other properly licensed or otherwise qualified professionals, and may include,"but are not limited; to: structural compo- 270 2t1 vents; roof; exterior windows and exterior doors; exterior siding, fascia, gutters and downspouts; swimming pools, hot tubs and spas; appliances; ..2tt 2t2 electrical, plumbing, heating and cooling systems; water penetration; environmental hazards (e.g., mold, fungi, indoor air quality, asbestos, under- 2t2 213 ground storage tanks, etc.); electromagnetic fields; wetlands inspection; flood plain verification; property boundary/square footage verification; 2t3 214 and any other items Buyer may select. Buyer is advised to investigate easements, deed and use restrictions (including any historic preservation 214 215 restrictions or ordinances) that apply to the Property and to review local zoning ordinances. Other provisions of this Agreement may provide for 2t5 216 inspections, certifications and/or investigations that are not waived or altered by Buyer's election here. 2t6 2t7 ^ WAIVED. Buyer has the option to conduct property inspections, certifications and/or investigations. Buyer WAIVES THIS OPTION and 2t7 2t8 agrees to the RELEASE in paragraph 27 of this Agreement. 2t8 2i9 ~. ELECTED. Contingency Period: days (15 if not specified) from the Execution Date of this Agreement. 2ts 220 (A) Within the Contingency Period, Buyer, at Buyer's expense, may have inspections, certifications and/or investigations completed by proper- 220 221 ly licensed or otherwise qualified professionals. If Buyer elects to have a home inspection of the Property, as defined in the Pennsylvania Home 22t 222 Inspection Law (see Information Regarding the Home Inspection Law), the home inspection must be performed by a full member in good stand- 222 223 ing of a national home inspection association or a person supervised by a full member of a national home inspection association, in accordance 223 22a with the ethical standards and code of conduct or practice of that association, or by a properly licensed or registered professional engineer, or a 224 225 properly licensed or registered architect. This contingency does not apply to the following existing conditions and/or items: 225 ~ 226 227 227 228 (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 fol- 22g 229 lowing Options as listed in paragraph 10 within the Contingency Period: ~g 2~ Option 1 Y30 23t 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 23t 232 the RELEASE in paragraph 27 of this Agreement if the total cost to convect the conditions stated in the report(s) is less than 232 ~ $ ($0 if not specified) .(the "Deductible Amount"). Otherwise, all provisions of paragraph 10, Option 2, shall 233 234 apply, except that Seller will be deemed to have satisfied the terms of Buyer's Proposal if Seller agrees to perform corrections 234 235 or offer credits such that the cumulative cost of any uncorrected or uncredited condition(s) is equal to the Deductible Amount. 235 236 Brayer Initials A/S-R Page 4 of 10 Seller Initials: : '~ ~-' 23B° 237 238 23s 2ao 2a1 2a2 243 244 2a5 246 2a7 248 249 250 251 252 253 254 255 256 257 258 259 xso 2s1 262 263 264 265 266 267 268 269 270 271 272 273 27a 275 276 277 278 27s 260 281 282 283 zaa 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 12... WOOD INFESTATION INSPECTION CONTINGENCY (9-05) z37 ^ WANED. Buyer has the option to have the. Property. inspected for wood .infestation by an inspector: certified as awood-destroying pests pesti- 23a . ride applicator. BUYER WAIVES THIS OPTION and agrees to the RELEASE in paragraph 27 of this Agreement. 239 L~ ELECTED. Contingency Period: days (1S if not specified] from the Execution Date of'this Agreement. 2ao (A) Within the Contingency Period, Buyer, at Buyer's expense, may obtain a written "Wood-Destroying Insect Infestation Inspection Report" 2a1 from an inspector certified as awood-destroying pests pesticide applicator and will .deliver it and: all supporting documents and drawings pro- 2a2 vided by the inspector to Seller. The report is to be made satisfactory to and in compliance with applicable; laws, mortgage lender requirements, 243 and/or Federal Insuring and Guaranteeing Agency requirements, if any. The inspection is to be limited to all readily visible and accessible areas 2aa of all structures on the Property except fences and the following structures, which will not be inspected: 245 24fi (B) If the inspection reveals active infestation(s), Buyer,. at Buyer's expense, may within. the Contingency Period, obtain a. Proposal. from awood- 247 destroying pests pesticide applicator to treat the Property. ~ (C) If the inspection reveals damage from: active or previous infestations}, Buyer, at-Buyer's expense, may within, the Contingency Period, obtain 249 a written report finm, a professional. contractor, =home inspector or structural engineer that is limited to structural damage to the Property caused 250 by wood-destroying organisms and a Proposal to repair and/or treat the Property. 251 (D) 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 fol- 25z , lowing Options as listed in paragraph 10 within. the Contingency Period: _ ~ QOption 1 ^ .Option 2 - -- - 254 a55 13. STATUS OF RADON (9-OS) {see Information Regazding Radon) ~ (A) Seller has no knowledge concerning the presence or absence of radon unless checked below: " 257 ^ 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 258 results of all tests indicated-below: 259 -DATE TXPE OF TEST RESULTS (picoC~ries/liter or working levels) ~0 261 ^ 2. Seller has knowledge that the Property underwent radon reduction :measures on the date(s) and by the method(s) indicated below: 2s2 263 DATE RADON REDUCTION METHOD ~ 2s5 COPIES OF ALL AVAILABLE TEST REPORTS will be delivered to Buyer with this Agreement. SELLER DOES NOT WARRANT 266 287 EITHER THE METHODS OR RESULTS OF THE TESTS. 268 (B) RADON-INSPECTION CONTINGENCY 269 ^ WAIVED. Buyer has the option to have the Property inspected for radon by a certified inspector. BUYER WAIVES THIS OPTION and 270 agrees to the RELEASE in pazagraph 27 of this Agreement. 271 ELECTED. Contingency Period: days (15 if not specified) from the Execution-Date of this Agreement. 272 Within the Contingency Period, Buyer, at Buyer's expense, may obtain a radon test o€ a Property finm a certified inspector. If Seller.. 273 .performs any radon remediation, Seller will provide Buyer a certification that the remediation was performed. by a properly Iicensed<and 274 certified radon mitigation company. 275 1. If the written test report reveals the presence of radon below 0.02 working levels or 4 picoCuries/liter (4 pCi/I,).Buyer accepts.the 27s Property and agrees to the RELEASE in paragraph 27 of this Agreement. 277 2. If the written test report reveals the presence of radon at or exceeding 0.02 working levels or 4 picoCtiuies/liter{4 pCi/L), Buyer will 278 proceed under one of the following Options as listed in pazagraph 10 within the Contingency Period: ,C~,Option 1. ~y ^ Option 2 260 281 14. STATUS OF WATER (9-05) 282 (A) Seller representsthat the Propertyis served by: 283 ^ Public Water 28a On-site Water 285 ^ Community Water 28s ^ None 287 ^ ~ (B) WATER SERVICE INSPECTION CONTINGENCY 289 ^ WAIVED. Buyer has the option to have an inspection of the quality and or quantity of the water. system for the Property. BUYER WAIVES 298 THIS OPTION and agrees to the RELEASE in paragraph 27 of this Agreement. 291 C~:: ELECTED. Contingency Period: days (15 if not specified) from the Execution Date of this Agreement. 292 1. Within the Contingency Period, Buyer, at Buyer's expense, may obtain an inspection of the quality and/or quantity of the water sys- 293 tom fiom a properly licensed or otherwise qualified water/well testing company. 294 2. If required by the inspection company, Seller, at Seller's expense, will locate and provide access to the on-site (or individual) water 295 system. Seller also agrees to restore 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 297 one of the following Options as listed in paragraph 1D within the Contingency Period: 298 C~ Option 1 ^ Option 2 ~ 300 .-. 301 Buyer Initials: A/S-R;Pa¢e 5 of 1U Seller Initials: ~`~~ p Soy 302 : ~ 15.` STATUS OF SEWER (9-05) . ~ 303 (A) Seller repmsents that the Property is served by: 303 ~ ^ Public Sewer . ~ _ 305 _ Individual On-1ot Sewage.Disposal System (see.. Sewage Notice 1) 345 306 Individual On-lot Sewage Disposal System in Proximity to Well- (see Sewage Notice; l; see Sewage Notice 4, if applicable) 306 307 ^ Community Sewage,DispasalSystem 307 308 ^ Ten-Acre Peamit Fun (sex Sewage Notice 2) 306 ~ ~; . Holding Tank (see Sewage Notice: 3) 309 3to ^ None (see Sewage Notice 1) 31a 31t ^ None Avaihible;/Permit I.imitetions in Effect (see Sewage Notice 5) 311 312 ^ 312 313 (B) INDIVIDIIAL U1~LOT SEWAGE DISP(1~SAL INSPECTION CONTINGENCY 3i3 314 ^ WAIVED. Buyer has the option to have an insper:tian of the :individual on~lot sewage disposal system for the Property. BUYER 314 315 WAIVES THiS OPTION and agrees to the RELEASE in paragraph 27 of this Agreement. 3i5 316 [~" Ef,E~Ep, ray Period` days (15 if not spex:ifiexl) from the Execution Date of this Agreement: 3t6 317 1. Within ffie Ce-eney Peifiod, Buyer, at Buyer's expense, may obtain an inspection of the individual, on-lot,sewage ,disposal sys- 317 318 rem from a 4ualtfi~, Psofessional,mspecbor 318 3t 9 2. ff a~ as requited by the inspection company, Seller at Seller's: expense, will' locate, provide access to and empty the -individual_on- 319 320 lot sewage disposal system: Seller will also restore the Property, at Seller's expense, prior to settlement. 32D 32t 3. If the inspection report reveals defect4 drat do riot: require eaEpansion.or replacement of tbe existing. individual on-lot.: sewage disposal 321 322 system, Buyer will proceed under-one of the'fallowing Options as-listed,in paragraph 10 within-the Contingency Period: 322 323 Option 1 ~ ~ 324 Option 2 324 325 4. If tbe inspection report revesLs the need to expand or replace the existh-g individual on-lot sewage disposal.system, Seller may, 325 326 within ~_ DAYS of receiving the inspection report, submit a Written Corrective Proposal ("Praposai'~ to Buyer. The Proposal 326 327 will icehide, but not be limited to, the name of the comparry>p perform the expansion or rephiceme~ provisions: for payment, includ- 327 328 ing retests; and a projected completion date for corrective measures. Within 5 ..:DAYS of receiving Seller's ,P:roposal, or if no 328 32g Proposal is provided within the time given, Buyer will notify Seller in writing of Buyer's choice to: 329 334 a. Agree to the terms of the Proposal, if any, whereupon Buyer accepts the Property and agrees to the RELEASE. in paragraph 27 of 3~ 331 this Agreement,. OR 33i 332 b. Terminate this Agreement by written notice to Seller, with all deposit monies retritned fA Buyer according to She terms of pare 332 333 graph 30 of this Agreement. 333 334 c: -Accept the .Property and the existing system and agree to the RELEASE in paragraph 27 of this Agreement, and, if required by 330 335 any mortgage lender and/or a~ governmental authority, correct the defects before settlement or within the time ~~ ~ ~ ~ 336 mortgage; lender and/or governmental authority, at Buyer's sole expense, and with salon and access to the 1~ rtY 8n'ce by 336 337 Seller. Permission and access may not be unreasonably withheld by Seller. If Seller denies Buyer permission and/or access to cur- 337 338 tect.the defects, Buyer may, within ~_ DAYS of Seller's denial, terminate this Agreement by written notice to Seller„with all 338 339 deposit monies returned to Buyer according to the farms of paragraph 30 of this Agreement. ~{g, 340 16. SOME WARRANTIES (9-05) ~ 341 At or before settlement, either party may have the opportunity to purchase a home warranty for the Property from athird-party vendor. Buyer and 34t 342 Seller understand that a home warranty for the Property does not alter any disclosure requirements of Seller, will not cover or warrant any pre- 302 343 existing defeats of the Property, and will not alter, waive or extend any provisions of this Agreement regarding inspections or certifications that 303 344 Buyer has electexl or waived as part of this Agreement. Buyer and Seller understand that the licensee, broker or mortgage lender who orders the 344 345 home warranty may possibly receive a-fee paid by the home warranty company. 345 346 17. ZONING CLASSIFICATION & VERIFICATION OF USE CONTINGENCY. (9-05) ~ 347 (A) Failure of this Agreement to contain the zoning classification (elccept in cases where the property {and each parcel thereof, if subdividable} is 347 346 zoned solely or primarily to permit single-family dwellings) will render this Agreement voidable at Buyer's option, and, if voided, a~ deposits 3a8 349 tendered by the Buyer will be returned to the Buyer without a~ requirement for court action. 309 350 Zoning Classification' ~ 7~ t r~~-,~*~ ,~_,., 6 r~ 350 351 (B) Contingency Period: days (7 if not specified) from the Execution Date of this Agreement. 351 352 Wihin the Contingency Period, Buyer; at Buyer's expense, may verify that the present use ( ) ~ 353 of the Property is permitted. In the event the present use is not permitted, Buyer will, within the Contingency Period, give Seller written 353 354 notice that the present use of the Property is not permitted and that Buyer will: ~ 355 1. Accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, OR 355 35s 2. Terrinate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 3U of ~s 357 this Agreement. ~ 358 Yf Buyer fails to respond within the Contingency Period or does not terminate this Agreement by written notice to Seller within that 358 359 time, Bayer wID accept the Property and agree to the RELEASE in paragraph 27 of this Agreement. ~g 360 18. NOTICES, ASSESSMENTS & CERTIFICATES OF OCCUPANCY (9-05) ~p 361 (A) Seller represents, as of the date Seller signexi this Agreement, that no public improvement, condominium or homeowner association assessments 361 3s2 have been made against the Property which remain unpaid, and that no notice by any government or public authority has tern served upon Seller 362 363 or anyone on Seller's behalf:, including notices relating to violations of zoning, housing, building, safety or fire ordinances that remain uncor- 363 364 rested, and that Seller knows of no condition that would constitute a violation of any such ordinances that remain uncorrected, unless otherwise 364 365 specified here: ~ ass (B) Seller knows of no other potential notices (inchuing violations) and/or assessments except as follows: ~ 367 367 368 Buyer Initials 'A/S-RfiPage.b of10 Seller Initials: %'~Y~ ' 1~~= 368 369 (C) In the event any notices {including violations)-and/or assessments are received after Seller has signed this Agreement and before settlement, ass 37P Seller will provide a copy of the notices and/or assessments to Buyer and will notify Buyer in writing within _~ DAYS of receiving the 370 371 notices and/or assessments that Seller will: 37t 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 372 373 assessments, Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreement. OR 373 374 2. Not comply withthe notices and/or assessments. If Seller chooses not to comply with the'notices andlor assessments, or'fails'within the' 37a 375 time given to notify Buyer whether Seller will comply, Buyer will notify Seller in writing within ~_ DAYS.that Buyer will: 375 376 a. Comply with the notices and/or assessments at Buyer's expense, accept the Property, and agree to the RELEASE in paragraph 27 of 37s 377 this Agreement, OR 377 378 b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 378 379 30 of this Agreement. 379 380 If Buyer fails to respond within the time stated in paragraph 18 (C) (2) or fails to terminate this Agreement by written.notice to 360 381 Seller within that time, Buyer will accept the Property and agree to the RELEASR in paragraph. 27 of this Agreement. Sgt 3e2 (D) If required by law, within ,~~ DAYS from the Execution Date of this Agreement, but in no case later than 15 days prior to settlement, Seller 382 383 will order at Seller's expense a certification from the appropriate municipal department(s) disclosing notice of anyuncorrected violations of zon- 383 384 ing, housing, building, safety or fire ordinances and/or a certificate permitting occupancy of the Property. If Buyer receives a notice of any 384 385 required repaus/improvements, Buyer will promptly deliver a copy of the notice to Seller. 385 386 1. within ~_ DAYS of receiving notice from the municipality that repairs/improvements aze required, Seder will notify. Buyer in writ- 3g5, 3s7 ing that Seller will: 387 ass a. Make the required repairs/improvements to the satisfaction of the municipality. If Seller makes the required repairs/improvements, 388 389 Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreement. OR 389 39o b. Not make the required repairs/improvements. If Seller chooses not to make the required repairs/improvements, Buyer will notify 390 39t Seller in=writing within ~ DAYS that Buyer will: 39t 392 (i) Make the repairs/improvements at Buyer's expense, with percussion and access to the Property given by Seller, which will not 392 393 be unreasonably withheld, OR 393 394 (2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the termsof Para- 394 395 graph 30 of this Agreement. 395 ass If Buyer fails to respond within the time stated. in paragraph 18 (D) (1) (b) or fails to terminate this Agreement by written notice, ,396 397 to Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, and Buyer 397 39S accepts the responsibility to perform the repairs/improvements according to he terms of the notice provided by the municipality. 3gg 399 2. If Seller denies Buyer permission to make the required repairs/improvements, or does not provide Buyer access before settlement to make 399 ao0 the required repairs/improvements, Buyer may, within _~ DAYS, terminate this Agreement.by written notice to Seller, with all deposit ao0 401 monies returned to Buyer according to the terms of paragraph 30 of this Agreement.. 401 402 3. If repairs/improvements aze required and Seller fails to provide a copy of the notice: to Buyer. as required in paragraph 18. (D), Seller will ao2 403 perform all repairs/improvements as required by the notice at Seller's expense. Paragraph 18 (D) (3) will survive settlement. 4p3 404 (E) Access to a public road may require issuance of a highway occupancy permit from the Departmentof Transportation. 404 ao5 19. TTTLE, SURVEYS & COSTS (9-OS) ,005 aos (A) The Property will be conveyed with good and marketable title as is insurable by a reputable title insurance company aYthe regular rates; free and aos 407 clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the following:;: existing deed restrictions; historic preservation 407 aos restrictions or ordinances; building restrictions; ordinances; easements of roads; easements visibleupon the ground; easements of record; and aoe aos privileges or rights of public service companies, if any. 409 4t0 (B) Buyer will pay for the following: (1) Title seazch, title insurance and/or mechanics' lien insurance, or any fee for cancellation; 410 411 (2) Flood insurance, fire insurance with extended coverage, mine subsidence insurance, or any fee for cancellation; {3) Appraisal fees and 41t ate charges paid in advance to mortgage lender(s); (4) Buyer's customary settlement costs and accruals. 412.... 4t3 (C) Any survey or surveys required by the title insurance company or the abstracting attorney for preparing an adequate legal-.description of the at3 at4 Property (or the convection thereof) will be obtained and paid for by Seller. Any survey or surveys desired by Buyer or required by the mortgage 4ta 415 lender will. be obtained and paid for by Buyer. 4t 5' ats (D) If Seller is unable to give a good and marketable title and such as is insurable by a reputabletitle insurance company at the regulaz rates, as specified 4ts 4t7 in paragraph I9 (A), Buyer will: at7 478 1. Accept the Property with such title as Seller can give, with no change to the purchase price, and agree to the RELEASE in paragraph 27 of this 418 at9 Agreement, OR 4t9 ago 2. Terminate this Agreement liy written notice to Seller, with all deposit monies returned. to Buyer according to the terms of paragraph : 30 of ago . alt this Agreement. Upon termination, Seller will reimburse Buyer for any costs incurred by Buyer for any inspections or certifications obtained 42t a22 according to the terms.of this Agreement, and for those items specified in paragraph 19:(B) items (1), {2) (3) and in paragraph 19 (C). 422 423 (E) The Property is not a "recreational cabin" as defined in the. Pennsylvania. Construction. Code Act unless .otherwise. stated here. (see hnformation 423 424 Regarding Recreational Cabins): a24 425 _ 20. CONDUMINNM/PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) RESALE NOTICE {9-0~ 425 a26 ~ NOT APPLICABLE a2s 427 ^ APPLICABLE: CONDOMINIUM. The Property is a unit of a condominium that is primarily run by a unit owners' association. §3407 of the a27 42s Uniform Condominium Act of Pennsylvania (see Information' Regarding Condominiums and Planned Communities) requires Seller to furnish 426 429 Buyer with a Certificate of Resale and copies of the condominium-declaration (other thanplats and plans), the bylaws and the rules and regula- a2s 430 tions of the association. 43~ 431 ^ APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOCIATION). The Property is part of a planned community as defined by 43t 432 the Uniform Planned Community Act (see Information Regarding Condominiums and Planned Communities). §5407(a) of the Act requires :432 433 Seller to furnish Buyer with a copy of the Declaration (other than plats and plans), the bylaws the rules and regulations of the association, and 433 434 a Certificate containing the provisions set forth in §5407(a) of the Act. ,~a ~' " , ` 435 Buyer Initials A/S-R Page 7 of 10 ~ Seller Initials ~- 435 ora J4. .lYl~,l,lAL I;LAUJL~ J (1-Ul) 574 ~ ; , (A) The following are part of this Agreement if checked: .573 ^ Sale & Settlement of Other Property 57s Contingency Addendum (PAR Form S5P) 577. ^ Sale & Settlement of Other Property Contingency 57s with Right to Continue Marketing 57s Addendum(PAR Form SSP-CM) 580 (B) ~,.. I _~ / , a j 58i ~, -~~.~, . ,;; - ~ - 583 584 { r 585 C~ r--" l to,~ ~) ;^ ,F -. _Msr~ )' ,•.~7 ~AF ~"' 586 587 , ~f {. 588 ~- 589 ~ }~ ~,ti1 f' U . `'~ ~ :_ # ~;; r l 1 ~ ~ • /..1 ^ Settlement of Other Property Contingency Addendum (PAR Form SOP} ^ Tenant-Occupied Property Addendum (PAR Fonn TOP) e , ~: _ - ,r. ' y° ~' . 1~~~ ~k; 590 < 591 ~~ //,~ ~. ~~;,.;, .,~ %~ r : l y~ ~ .._ ~ ~~ ~~.i!Xf ~' 592 593 ~ p ~. ' j, 1 594 ,~_.'.ti' ~ .. ~Y t ;,?~ :~ . r.<r ,L7;•ifs;'.7 ~ ~ ,~ `.e »~. 595 Sk ''~~~ ~. , ~r'~ ~~ : l ~. s ~ ,, ~ .~~ , ~~.~ 5136 ~ 597 , 598 Buyer and Seller acknowledge receipt of a copy of this Agreement at the time of signing. 573 574 575 576 577 578 579 56a 561 582 583 584 585 588 587 588 589 590 591 592 593 594 595 596 597 596 599 NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Parties to this transaction are:advised to consult. 599 s00 an attorney before signing if they desire legal advice. soo sot Return by facsimile transmission (FA7~ of this Agreement, and any addenda and amendments, bearing the signatures of all parties; constitates Got sot acceptance by the parties. {a, .~ 602• soa ~ Buyer has received the Consumer Notice as adopted by the`State Real Estate Commission. at 49 Pa. Code §35.336. soa soa jd" Buyer has received a statement of Buyer's estimated closing costs before signing this Agreement. soa 605 ~ Buyer has read and understands the notices and explanatory information in this Agreement` 605 sos ~ ..@l Buyer has received a Seller's Property Disclosure Statement before signing this Agreement, u required by law (see Information Regarding sas s0~ the Real Estate Seller Disclosure Law). 607 s08 L~'` Buyer has received the Deposit Money Notice (for cooperative sales when Broker for Seller is holding :deposit money) before signing-this .608 609 Agreement. 609 <, r' }'~ sto BUYER'S MAILING ADDRESS: ~ ~,:' ~ t ; `, ~ ~ ~ ~ 6~ ~ ""- . ~ - ~ ~ j °' ' ~ IM, .' `; • ~ ' ! i •~ I ' ~' sio sii sit r ~- st2 WITNESS' ~~ t..~~'^'~-,_~.-` ~...:-,_,~..:,-- BUYER.!=: ,~, ~~.~ ( ~:`- DATE / ~ ~! ~` 6t2 r st3 WTTNESS DATE 613 Eta WITNESS BUYER DATE Eta ~fi sty Seller has received the Consumer Notice'as adopted by the State Real Estate Commission at 49 Pa. Code §35.33Q. 615 s16 Seller has received a statement of Seller's estimated closing costs before signing this Agreement. 616 617 Seller has read and understands the notices and explanatory information in this Agreement. 617 st8 SELLER'S MAILING ADDRESS: ~~~ ~• ~ t~ ' ~~ c~ ice.. f ~ l~cits -~ ~.~ ) %~ . ~ ~' 616 619 '`~ "~~"` __ 619 _. _ ~.. ~,,.v . +~ ~ -'~_ ,:--, ~ SELLER `" ~-~'~-~'' =-° WITNESS'Y DATE ! ~ G 620 620 _k_.~ . ~ ice" '~"~ fi 1 `r %c ' "'~` 1 '? ~ .._..~.,_,. !` ~ % WITNESSk" ~`~- f - SELLER ~ DATE 621 _ _ .; G . .. , _.. f.. _ . __.-- =`, 621 - ~. /. ~ 622 WITNESS -' SELLER DATE 622 A/S-R Page 10 of 10 Revised 9/05 RI IVFR'C R(1PY DT TI~AG (1C CII:AIIAI/` EXHIBIT B SELLER'S PROPERTY DISCLOSURE STATEMENT SPD This form recommended and approved for, but not restricted to use by, the members of the Pennsylvania Association of REALTORS' (PAR). ~ PROPERTY 112 D[illars flap &oa8 Saola PA 17025 < SELLER sauita LLC The Real Estate Seller Disclosure Law (68 P.S. §7301 et seq.) requires that a seller of a property must disclose to a buyer all known material defects about the property being sold that are not readily observable. While the Law requires certain disclosures, this disclo- sure statement covers common topics beyond the basic requirements of the Law in an effort to assist sellers in complying with disclo- '~ :sure :requirements and to assist buyers in evaluating the property being considered. Sellers who wish to see or use the basic disclosure _' .form can find the form on the Web site of the Pennsylvania State Real Estate Commission. This. Statement discloses Seller's knowledge of the condition of the property as of the date signed by Seller and i$:uot a substitute ~ for any inspections or warranties that Brayer may wish to obtain. This Statement is not a warranty of any kind by Seller or a war- ~~ rarity or representation by any listing real estate broker, any selling real estate broker, or their licensees. Buyer is encouraged to address ~j concerns about the conditions of the property that may not be included in this Statement. This Statement does not relieve Seller of the obligation to disclose a material defect that may not be addressed on this form. ?~ A Material Defect is 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 properly. The fact that a structural element, system or sub- '~ system. is 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. 1. SELLER'S EXPERTISE Seller does not possess expertise in contracting, engineering, architecture, environmental assessment or ~' other azeas related to the construction and conditions of the property and its improvements, except as follows: sa ~).~.~ ?? 2. OWNERSHIP/OCCUPANCY r, (a) Is the property currently occupied? Yes ~, No If "yes," by who ? Seller Other occupants (tenants) _. If property is not occupied, when was it last occupied? .~ (b) How long have you owned the property? S~ (c) Are you aware of any pets having lived in the house or other structures during your ownership? _ Yes ~ No m~ If "yes," describe: ~~ 3, ROOF _~~ {a) Date roof installed: Documented? Yes No Unknown z, (b) Has the roof been replaced or repaired during your ownership? Yes ~C _ No ~:~ If "yes," was the existing roofing material removed? Yes No Unknown t~? (c) Has the roof ever leaked during your ownership? Yes ~ No ~~~ (d) Are you aware of any problems with the roof, gutters, flashing or downspouts? Yes ~ No _= Explain any "yes" answers in this section, including the location and extent of any problem(s) and any repair or remediation efforts: )4 4. BASEMENTS AND CRAWL SPACES (Complete only if applicable) }~ (a) Does the property have a s p pump? ~ Yes No Unknown ~~ If "yes," has it ever run? Yes No Unknown Is it in working order? Yes No _ Unknown W~ (b) Are you aware of any water leakage, accumulation, or dampness within the basement or crawl space? ~ Yes No ~? (c) Do you know of any repairs or other attemipis to control any water a dampness problem in dre basement cr crawl space? ~ Yes _ No a Explain a y "yes" ansvYers in this s 'on, including the 1 and axle t of any ro em(s) y or remedia efforts: z~ ~r ,~. a.~ :~. {a 5. TERMITE /WOOD-DESTRO G INSECTS, DRYROT, PESTS (a) Are you aware of any termites/wood-destroying insects, dryrot, or pests affecting the property? Yes ~ No (b) Are you aware of any damage to the property caused by termites/wood-destroying insects, dryrot, or pests? Yes ~ No (e) Is your property currently under contract by a licensed pest control company? Yes _~'No (d) Are you aware of any termite/pest control reports or treatments for the property? Yes _~ No Explain any "yes" answers in this section, including the name of any service/treatment provider, if applicable: 4c =~ ~ ~= ~'~ ~~ ~;~ 1iR ~' 6. STRUCTURAL ITEMS ~~ (a) Are you aware of any past or present water leakage in the house or other structures? ~ Yes No ~~~ ,w (b) Are you aware of any past or present movement, shifting, deterioration, or other problems with walls, foundations, or other ~^~ _~,, structural components? X Yes No ~>~~ (c) Are you aware of any past or present problems with driveways, wallcways, patios, or retaining walls on the properly? Yes ~ No .... (d) Is your property constructed with an Exterior Insulating Finishing System (EIFS), such as Dryvit or synthetic stucco? v? _,~ Yes ~ No Unknown If yes, date installed, if known 3~ (e) Are there any defects (including stains) in flooring or floor coverings? Yes ~ No Unknown ~~ .:, (f) Are you aware of any fire, storm, water or ice damage to the property? Yes No ~-~~ E 1 ' any" yes" answe in this se ti i eluding the location and extent of any problem and any repair or remediation efforts: a Jr'' A vy ~ 7: ~~ Bayer Initials: Date SPD Page 1 of 6 Seller Initials: _ Date ~~ ~. COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSa 2006 I Pennsylvania Association of REALTORS° `-~; . '7. ABDITIONS/ALTERATIONS Have any additions, structural changes, or other alterations been made to the property '~~ ~E' during your ownership? _ Yes ~ No 3'` 5~ z S3 If yes, list additions, structural changes, or alterations (use additional sheets if necessary). Approxmiate date of work Were permits obtained? (Yes/No/Unknown) Were final inspectionslapprovals obtained? (Yes/No/Unknown) A}c ^~ Fir " s 7 rs ;;q ~~ ~f c•7 ~~ ~z ~.~. $w v c rs"s Note to Buyer: The PA Construction Code Act, 35 P.S §7210.101 et seq. (effective 2004), and local codes establish standards for building and ~a ~s altering properties. Buyers should check with the municipality to determine if permits and/or approvals were necessary for disclosed work and if 9e ,~±~ so, whether they were obtained Where required permits were not obtained, the municipality might require the current owner to upgrade or remove .y ~ i ~ changes made by prior owners. Buyers can have the properly inspected by an expert in codes compliance to determine if issues exist. Expanded 7 i ;, title insurance policies may be availabte for Buyers to cover the risk of work done to the property by previous owners without a permit or approval. ?2 '3 8.WATER SUPPLY ? ~{ (a) What is the source of your drinking water? Public Water ~ Well on Property Community Water ?+ ~; None Other (explain): '~ (b) When was your water last tested? Q ~ Test results: ~~ . , If your drinking water source is not public, is the pumping system in working order? ~ Yes No r ~a If "no," explain: '~ -~~ (c) Do you have a softener, filter, or other treatment system? ~ Yes No 73 ~c If you do not own the system, explain: sc' ~~ (d) Have you ever had a problem with your water supply? Yes _ CZ No ~~ a2 (e) Has your well ever run dry? Yes _ C~ No Not Applicable ~~ ~s (f) Is there a welt on the property not used as the primary source of drinking water? Yes ~ No 3~ ~a If yes, is the well capped? _~ Yes No ~~ as (g) Is the water system shazed? Yes ~ No ~~ ~m (h) Are you awaze of any leaks or other problems, past or present, relating to the water supply, pumping system, and related items? s~ ~; Yes ~_ No s7 as Explain any "yes" answers in this section, including the location and extent of any problem(s) and any repair or remediation efforts: s~ fi5 gi} ~ ~ 9. SEWAGE SYSTEM a? (a) What is the type of sewage system? Public Sewer ~ Individual On-lot Sewage Disposal System ~:. Individual On-lot Sewage Disposal System in Proximity to Well Community Sewage Disposal System a.~ ~d Ten-acre Permit Exemption Holding Tank None None Available/Permit Limitations in Effect ~~~ ss - Other type of sewage system (explain): ~s ~-; (b) If Individual On-lot sewage system, what type?/- Cesspool Drainfield Unknown ~~ ~,- ~_ Other (specify): g(L-~r~..ri~r,.~C '' s,~ (c) Are there any septic tanks on the Property? ~ Yes No Unknown '~ ~~ If "yes," what type of tank(s)? MetaUsteel ~ Cement/concrete Fiberglass Unknown ~~~ ~zx Other (specify): 3°r~ ,~~ (d) When was the on-site sewage disposal system last serviced? S "~' ~~;~ (e) Are there any sewage pumps located on the property? _~C Yes No ?~~ ~~a. If yes, type(s) of pump(s) Are pump(s) in working order? __~__ Yes No t~ra ~~~ Who is responsible for maintenance of sewage pumps? alp„-+-~:•- '~'~ ~~; (f) Is the sewage system shazed? Yes ~ No No ted items? Yes nd rel t ti t th bl l h ~~~ ors a„~ (g) _ em a a e sewage sys ng o ems re a er pro Are you aware of any past or present leaks, backups, or ot ;3~ Explain any "yes" answers~'° this action, including the Inca 'on and extent of any problem(s) and any repair or remediation efforts: ?~r ~~.za S.s73`.~~ ~t9 ~Sn,~ "~ iE~ 10. PLUMBING SYSTEM '~' : !c (a) Type of plumbing (check all that apply): Copper Galvanized Lead ~ PVC Polybutylene pipe (PB) ~~~ a ~ + Mixed Unknown Other explain): r bath- d h l ki li i d ' ~' ? j~ s;: (b) aun ry, o en, tc te to: m Are you awaze of any problems with any of your plumbing fixtures (e.g., including but not ~;~ room fixtures; wet bars; etc.)? Yes ( No °~~' ~~ If "yes," explain: ' rE 11. DOMESTIC WATER HEATING 3 r" s (a) Type of water heating: ~ Elect<ic Natural Gas Fuel Oil Propane Solar Summer/Wmter Hook-Up ? 3 i1~ Other (explain): '' . _ (b) Are you aware of any problems with any water heater or related equipment? Yes ~ No + r:~ a~~ If "yes," explain: "~ " ~~` Buyer Initials: Date SPD Page 2 of 6 Seller Initials: ~_ Date ' `'~ <w,12 . AIR CONDITIONING SYSTEM ~~:: ~~= (a) Type of air conditioning: ~ Central Air Wall Units Window Units None >>> ?'=; Other {explain): 1 ~~:3 ~ `~~ Number of window units included in sale ~ ~ o ahon(s) c ~?w "z5 ,~ , ~ r (b) Age of Central Air Conditioning System: _p Unknown Date last serviced, if known 1z~ ~ ~.- (c} List any areas of the house that are not air conditioned: ~~ ~ as 3~~ (d) Are you aware of any problems with any item in this section? Yes ~ No i~, ~~~ If "yes," explain: _v ~~~ 13 . HEATING SYSTEM ~~ ~'~ (a) Type(s) of heating fuel(s) (check all that apply): Electric ~ Fuel Oil Natural Gas Propane ? c. r,i~ Coal Wood Other: ear (b) Type{s) of heating system(s) (check all that apply): ~ Forced Hot Air Hot Water Heat Pump ~,a2 ~ ~' Electric Baseboard Steam Wood tove (How many? _) Coal Stove (How many? _) tar; ?~y Other: ~ ~~~ (c) Age of Heating System: Unknown Date last serviced, if known ;,z~ ~ _~ ~ No If "yes," how many? Are they working? Yes No (d) Are there any fireplaces? Yes ~~ ~~? _ (e) Are there any chimneys (from a fireplace, water heater or any other heating system)? Yes No ~~~ ire If "yes," how many? When were they last cleaned? Unknown ass ~^s Are. they working? Yes No If "no," explain: ~~~s z~xw, (f) List any areas of the house that are not heated: ~^^~- ~~+~ +~~ {g) Are you aware of any heating fuel tanks on the property? _Y Yes No '~o ~~? Location(s), including underground tank(s): In ~ri~r•t ~/ ~~i. ~o~~ ~G..a- Paz ,aa If you do not own the tanks, explain: ~~s f?~Are you. aware of any problems or repairs needed arding any item in this section? ~ Yes No ~~ 1a5If "yes," explain: ~ e B~tJ irrnsy- ja ia~ , ~~ss ~~? 14. ELECTRICAL SYSTEM a ~~~ aa~ a~ Unknown {a) Type of Electrical System: Fuses ~ Circuit Breakers How Many Amps? ~~$ ~~~ (b) Are you aware of any knob and tube wiring in the home? Yes --~- No ia~ ,s~Are you aware of any problems or repairs needed in the electrical system? Yes ~ No ~ ~~ ~~~If "yes," explain• ~~~ ~sz 15. OTHER EQUIPMENT AND APPLIANCES ;3~ 1o;'v This section must be completed for each item that will, or may, be sold with the property. The fact that an item is listed does ass +,„a not mean it is included in the Agreement of Sale. Terms of the Agreement. of Sale negotiated between Buyer and Seller will ~~ ,~~ determine which items, if any, are included in the purchase of the Property. 1ss ,~~ (a) Electric Garage Door Opener Number of Transmitters f Keyless Entry Z 1 ~~ ~' / s%~ "I gas i ~,7 o ~1 _ (b) Smoke Detectors How many?~ Location(s) Q~~t,Ge~ bra, W 3;~ ,,~; (c) Security Alarm System Owned Leased (Lease Information ) ;~ ~;~ (d) Lawn Sprinkler(s) How many? Automatic Timer ~;,a ;~~, (e) Swimming Pool Hot TublSpa PooUSpa Heater PooUSpa Cover WhirlpoollTub ;~:,~ ,~; PooUSpa Equipment and Accessories (list): 7~~ ;;;_• Range/Oven ~ Microwave Oven ~ Dishwasher Trash Compactor (f) Refrigerator(s) ~ ~~, ~:;u , f Garbage Disposal Chest Freezer Washer Dryer Intercom j„~ ~nw (g) ~ Ceiling Fan(s) How many? / Location(s) .Q.~ ~~a ~ ~~ (h) Awnings ~ Attic Fan(s) Satellite Dish Storage Shed Deck(s) Electric Animal Fence 1~ ~~~ (i) Other: aor. ~~; Are you aware of any problems or repairs needed regarding any item in this section? Yes ~ No ,~~ ~~aIf "yes," explain: ~5 ~~:~ 16. LAND :(SOILS, DRAINAGE, FLOODING AND BOUNDARIES) ~s sRc (a) Land/Soils try ~;,; 1) Are you aware of any fill or expansive soil on the property? ~ Yes No ~~~ ~;~ 2) Are you aware of any sliding, settling, earth movement, upheaval, subsidence, or earth stability problems that have ;7~ ,,~ occurred on or affect the property? Yes ~ No i;:3 ;, 3) Are you aware of any existing, past or proposed mining, strip-mining, or any other excavations that might affect. this ,s ,; property? Yes ~ No r~s =F Note to Buyer: The property may a subject to mine subsidence damage. Maps oJthe counties and mines where mine subsidence ~;, ~„- damage may occur and mine subsidence insurance are available through: Department of Environmental Protection, Mine Subsidence ',; ,,;~ California Technology Pazk, Coal Center, PA 15423 (800) 922-1678 (within Pennsylvania) or 25 Technology Drive Insurance Fund ;,~ ,;y , , (724) 769-1100 (outside Pennsylvania). ;~ s~Buyer Initials: Date SPD Page 3 of 6 Seller Initials: ~ Date -~~ ~~~; Thi^ contract is for uaa by J111[Ii 1fLL88. IIsa by any other party is illegal and volda tha contract. '' 4) Is the property, or a portion of it, preferentially assessed for tax purposes, or subject to limited development rights? ~• ,' ~~' , ~ Yes ~ No If "yes", check all that apply below: ~ ~< ~•• Farmland and Forest Land Assessment Act - 72 P.S.§5490.1 et seq. (Clean and Green Program) ~;1 _~ ~ Open Space Act - 16 P.S. § 11941 et seq. ~~>~ -~ Agricultural Area Security Law - 3 P.S. §901 et seq. (Development Rights) ;~`-~ ,r., Other 's€ ~~? Note to Buyet: Pennsylvania has enacted the Right to Farm Act (3 P.S. § 951-957) in an effort to limit the cinyumstances under =~% "~ which agricultural operations may be subject to nuisance suits or ordinances. Buyers are encouraged to investigate whether any '~_ '~" agricultural operations covered by the Act ope to in the vi inity of the property. , g . r / ~~? ~ ~+~ Explain any "yes" answers in this section: ~ r~~'. ~%/~ ~ Q ~G~:~.~ 11 t-T,rx Amt 77~ ~ io,~ ;~3 "7`~"'~ `~~ '~~ (b) Flooding/Drainage °? 1) Is any part of this property located in a wetlands azea or a FEMA flood zone? Yes ~ No ~~~ 2) Do you know of any past or present drainage or flooding problems affecting the property? '~~ Explain any "yes" answers in this section, including dates and extent of flooding: yy~; 3a~ "~' (c) Boundaries ~°' ss 1) Do you know of any encroachments, boundary line disputes, or easements affecting the property? Yes No ~~~ ~~~ Note to Buyer: Most properties have easements running across them for utility services and other reasons. In many cases, the ise zru easements do not restrict the ordinary use of the property, and Seller may not be readily aware of them. Buyers may wish to '- =''~~ determine the existence of easements and restrictions by examining .the property and ordering an Abstract of title or searching <'~~+ ~~~ the records in the Ofjgce of the Recorder of Deeds for the county before entering into an agreement of sale. ?~' zc~ 2) Do you access the property from a private road or lane? Yes ~ No - ~'~~ "~~ If yes, do you have a recorded right of way or maintenance agreement? Yes ~ No zoo '-~~~ 3) Are you awaze of any shared or common areas (e.g., driveways, bridges, docks, walls, etc.) or maintenance agreements? _~ ~~ Yes ~ No ~~ ~~~ Explain any "yes" answers in this section: zQ~ fps} 2l3S ?-'~s 17. HAZARDOUS SUBSTANCES AND ENVIRONMENTAL ISSUES <'~~ (a) Are you awaze of any underground tanks (other than home heating fuel or septic tanks disclosed above)? Yes ~ No ''~ sj ? (b) Are you aware of any past or present hazardous substances present on the property (structure or soil) such as, but not limited to, '-? + ?'^ asbestos or polychlorinated biphenyls (PCBs), etc.? Yes~C No `~ =~~ (c) Are you aware of sewage sludge (other than commercially available fertilizer products) being spread on the property, or have you '~~ a,•; received written notice of sewage sludge being spread on an adjacent property? Yes ~ No ~~~ ~~` (d) Are you aware of any tests for mold, fungi, or indoor air quality in the property? Yes --~ No ?~ =~ '~~ (e) Other than general household cleaning, have you taken any efforts to control or remediate mold or mold-like substances in the ?~~ z ~' property? Yes ~ No ~ ~' ~~ Note to Buyer: Individuals may be af,~ected differently, or not at all, by mold contamination. If mold contamination or indoor air goal- 2 3s =~~ ity is a concern, buyers are encouraged to engage the services of a qualifed professional to do testing. Information on this issue is ~=~ z2o available from the United States Environmentat Protection Agency and may be obtained by contacting IAQ INFO, P.O. Box 37133, -'zv zz3 Washington, D.C. 20013-7133, 1-800-438-4318. =" ~za (f) Are you awaze of any dumping on the property? Yes ~~No «= a'~, (g) Have you received written notice regarding the presence of an environmental hazard or biohazard on your property or any ?~j az~ adjacent property? Yes ~ No =L~` a<~ (h) Are you aware of any tests for radon gas that have been performed in any buildings on the property? Yes ~ No '-'~ ~?5 If "yes," list date, type, and results of all tests below: ~` ='' DATE TYPE OF TEST RESULTS (p1000lLrleS/liter Or WOrk1IIg levels) NAME OF TESTING SERVICE ~~' 2ra •~~=~ <.~{ X31 w2 _•a y.'.3 (i) Are you awaze of any radon removal system on the property? Yes No If "yes," list date installed and type of system, and whether it is in working order below: DATE INSTALLED TYPE OF SYSTEM PROVIDER 22 z2=~ ~;; '3? WORKING ORDER? - _ Yes No Yes No ~;_~ (j) If property was constructed, or if construction began, before 1978, you must disclose any knowledge of lead-based paint on the _~: ?:2s properly. Are you aware of any lead-based paint or lead-based paint hazards on the property? Yes No zoo =~ If "yes," explain how you know of it, where it is, and the condition of those lead-based paint surfaces: ~ ~<~? ~,a3 •~;~ -~ ~~ (k) If property was constructed, or if construction began, before 1978, you must disclose any reports or records of lead-based paint _~~ =4~ or lead-based paint hazards on the property. Are you aware of any reports or records regarding lead-based paint or lead-based paint ,~, ~ Yes No ~,; -~~ hazards on the property. °- ~= If "yes," list all available reports and records: =~= "'Hover Initials: Date SPD Paoe 4 of b Ceiler TnitiAla~ _ nntP ~' /f 'i .. 1~2 _ Unknown ass Yes ~ No ~~µ ~~~ -'<~+ ~ (1) ,Are you aware of testing on the property for any other hazazdous substances or environmental concerns ? Yes No ~~a -~M- ~ (m) Are you aware of of any other hazardous substances or environmental concerns that might impact upon the property? ~ ~, <i.~ Yes ~ No .~ 1'Ezplain any "yes" answers in this section: :~:~°r 2 ss ?~a :,~a t L i~i:t '~~ 18. CONDOMINIUMS AND OTHER HOMEOWNER ASSOCIATIONS (Complete only if applicable) zs { ?~= Type: Condominium Cooperative Homeowner Association or Planned Community 2sz ';' Other: z~;~ ~~~~~ Notice regarding Condominiums, C p flues, a d P! ommunities: A buyer of a resale unit in a condominium, coopera- zsa "'a five, or planned community must rec e a py of e decl i (other than the plats and plans), the by-laws, the rules or regula- ~s~ ''=~ bons, .and a certificate of res iss ed by the a c n in the condominium, cooperative, or planned com- ;5,~ ~~= munity. Buyers may be responsible cap tal con ibutio in iation fees or similar one-time fees in addition to regular monthly za? z~a maintenance fees. The buyer will h e ptton o ancelin -the agreement with the return of all deposit monies until the certificate ass ~~,a has been provided to the buyer and or five days the after or until conveyance, whichever occurs first. zss `t~~ 19. MISCELLANEOUS ~~ '~`+ (a) Are you aware of any historic preservation restriction or ordinance or archeological designation associated with the property? ~4~; -y' Yes No ~~~z '~r~ (b) Are you awaze o any existing or threatened legal action affecting the property? Yes ~ No ~~~ s~~ (c) Are you aware of any violations of federal, state, or local laws or regulations relating to this properly? Yes ~ No ss~ w (d) Are you aware of any public improvement, condominium or homeowner association assessments against the property at remain _~r„ zss unpaid or of any violations of zoning, housing, building, safety or fire ordinances that remain uncorrected? Yes ~ No z5c ?'= ~ (e) Are you aware of any judgment, encumbrance, lien (for example, co-maker or equity loan), overdue payment on a support obli- s7 L.,a gation, or other debt against this property that cannot be satisfied by the proceeds of this sale? Yes ~ No zss =s~ (f) Are you aware of any reason, including a defect in title, that would prevent you from giving a warranty deed or conveying title to the ass 7, property? Yes ~i No Fr+: '~' (g) Are you aware of any insurance claims filed relating to the property Yes ~ No tia s "° (h) Are you aware of any material defects to the property, dwelling, or ixtures which are not disclosed elsewhere on this form? „~ '_~ Yes ~ No z;3 ?'~~ A material defect is a problem with a residential real property or any portion of it that would have a significant adverse impact zda =~~~ on the value of the property or that involves an unreasonable risk to people on the property. The fact that a structural element, ?,~ z-~ system or subsystem is at or beyond the end of the normal useful life of such a structural element, system or subsystem is not by z;~ ?~'+ itself amaterial defect ?--_ ='s Explain any "yes" answers in this section: ~ a7ss L13 ~~~ '~4The undersigned Seller represents that the information set forth in this disclosure statement is accurate and complete to the best '~~' 3s~ of Seller's knowledge. Seller hereby authorizes the Listing Broker to provide this information to prospective buyers of the prop- ?'~~ ~%~ erty and to other real estate licensees. SELLER ALONE IS RESPONSIBLE FOR TAE ACCURACY OF THE INFORMATION ~s2 aus CONTAINED IN THIS STATEMENT. Seller shall cause Buyer to be notif5ed in writing of any information supplied on this form ~zs ~~4which is rendered inaccurate by a change in the condition of the proper i completion of this form. zaa ~~s WITNESS SELLER DATE ~~~ =?~~ WITNESS SELLER DATE ~%~ ~a~ ~~' WITNESS SELLER ~T DATE '~~ =;^ .:,,;,~ EXECUTOR, ADMINISTRATOR, TRUSTEE SIGNATURE BLOCK According to the provisions of the Real Estate Seller Disclosure Law, the undersigned executor, administrator or trustee is not required to fill out a Seller's Property Disclosure Statement. The executor, administrator or trustee, must, however, disclose any known mate- rial defect(s) of the property. DATE RECEIPT AND ACKNOWLEDGEMENT BY BUYER The undersigned Buyer acknowledges receipt of this Disclosure Statement. Buyer acknowledges that this Statement is not a warranty and that, unless stated otherwise in the sales contract, Buyer is purchasing this property in its present condition. It is Buyer's responsibility to satisfy himself or herself as to the condition of the property. Buyer may request that the property be inspected, at Buyer's expense and by qualified professionals, to determine the condition of the structure or its components. WITNESS BUYER DATE WITNESS BUYER DATE WITNESS BUYER DATE L51 ,;~ <a ~,;, ~` i Buyer Initials: Date SPD Page S of 6 Seller Initials: Date ^,?~ INFORMATION REGARDING THE REAL ESTATE SELLER DISCLOSURE LAW Generally speaking, the Real Estate Seller Disclosure Law requires that before an agreement of sale is signed,. the seller is a residential real estate trans- fer must-make certain disclosures regarding the. property to potential buyers in a form defined by the law. A residemial real estate transfer is defined as a sale, exchange, installment sales co~ract; lease with. an option to buy, gnurt or other transfer of an interest in real property where NOT LESS TARN ONE AND NOT-MORE THAN FOUR: RESIDENTIAL DWELLING UNITS: are involved. The Law defines a number of exceptions where the disclosures do not have to be made: 1. Transfers that are the result of a court order. 2. Transfers to a mortgage lender that result from a buyer's dethult and subsequent foreclosure sales that result finm default. 3. Transfers from a co-owner to one or more other co-owners. 4. Transfers made to a spouse or direct descendant. S. Transfers between spouses that result firm divorce, legal separation, or properly settlement. 6. Transfers by a corporation, parhiership or other association to its shareholders,. paMers or other equity Qwners as part of a plan of liquidation. 7. 'l~ansfer of a property to be demolished or converted to non-residential use. 8. Transfer of unimproved real property. 9. Transfers by a fiduciary during the administration of a decedent estate, guardisuship, canserWtt~cuship or trust, 10. Transfers of new construction that has never been occupied when: a. The buyer has received eons-year warranty covering the conu;tion; b. The building has been inspected for compliance with the applicable building code or, if no~ue, a nationally recognized model buildng code; and c. A certificate of occupancy or a certificate of code compliance bas been issued for the dwelling. In addition to these exceptions, disclosures for condominiums and cooperatives are limited to the seller's particular unit(s). Disclosures regarding com- mon areas or facilities are not required, as t>~e elements are already addressed in the laws that govern the resale of condominium and cooperative inter- ests. This aoatract is !or us• by JINrlE K71LS8. IIs• by say other party is illayal sad voids the contract. Buyer Initials: Date SPD Page 6 of 6 Setter Iaitfais: ..Date EXHIBIT C s nyd~r ~ ~n ~ocs~~ TO- - - ~~_. --- C4NTRACTOR$ ~N1/~fC£ WORK PERFORMED ~F ~~' r GATE ... '~_~ t ` .. _ r3 ~j .. G~ ~ ~... C.'. a n -t-:. S1c~ ~ y~y~ ~., - ''~ { p _ M'~ Y •y ~~ r ~ ~...,~ , , ~ ~ ~ ~:t 1 r G3 Irv tJ V C t(` ~. ~ ~' 1 « .- ..~5 x ~ r ~ b h ~~ V :J '= `" ~ 11~ `f P ~ + ~ ~, . c~ G1 ~ Z5 b'~ " ~ r , j~ ~ U W f1 '.Y1 r ~ T~~ ~ ~ `~~ ~ _.__.. n7 ' Aii Material is guaranteed to be as specified, and the above work:was performed In accordance with the drawings and speciflcationai provided for the above. work, and was completed in a substantial workmaniike manner for the agreed sum of ~ d ~-Q~aJlfs- ~a ~~""--~ Dollars (S ). This is a ^ Partial ^ Full invoice due and. payable by: Month pay Year in accordance with our ^ Agreement ^ Proposal No. Dated Month y~ TC8122 .~. ~E~NMEX,~ CONTRACTC~R~ tNV~[C'F EXHIBIT D FRAM . ~ . ~ .FAX N0. :6234932 -Nov. 27 2699 07: 29PM P4 ' 7'ERN9: A MnWVaCQ CNARtiE OP iSII% PER MONTH (ANNUM RATE OF 18%) UAI I ~! I+11~se~.ew w.. ~ 7E S Y ^ CASii ^ C.O.D. C] CHARGES O MDSE. RErD. DESCRIPTI N PRICE r - ` r _~ .1 . _.. - _ - ..._. . r, ..~ .. ,a,. • c MON. • TUES. WED. • YFiURS. FF21. 3A7. 3UN. TOTAL DESCRIPTION OF WORK P MATERIAL ~ SALES TAX TOTAL L 5 POWER UNfT U1BOR TOTAL AMOUNT K } FROM ~ FAX N0. :6234932 Nov. 27 2009 07:29PM P5 H~/~C eoi~ ~ ~ 6' Zeigler Road N'VAC sTcaM ~uwnac~s Duncannon, PA 17©~!~ ~ wEa-T ~uwn's . X433-1.29rZ ar i~34R399Z .,... ..... _ . ...SERVICE INVOICE BILL TO ~ .l w~•, ~.-_ JOB LOCATION . ~ TLRMS: A RkNANCE CHARaE OF 11=% PER MONTH (ANNUAL RATE OF 1616) WILL BE CHARQEO ON RAtJN~DCE9 O'VER 30 DAYS. DA $OLD . .. .. C CASH G C.O.D. ^ CHARGES ^ MDSE. RETD. ANT17Y GRIP'TI C NT ~• ~ ~ .~ ...... /d' ( I i i I •v ~. . ~ . MON. • TUES. WED. TF1UR3. FRI. ~ SUN. TOTAL DESCRIPTION OF WORK• P MATERIAL H SALES TAX • .. TOTAL _ •: ... :.. ~~ ~ ~ ~ L g POWPrR UNIT LABOR TOTAL AMOUNT •..fV•• . ~:.r ... . r , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA', TOBY CATONE NO. 2010-4708 Plaintiffs V. CIVIL ACTION-LAW BONITE, LLC and STEPHEN BOND, JR. Defendant JURY TRIAL DEMANDED ANSWER TO COMPLAINT AND NOW, comes the defendants, Bonite, LLC and Stephen Bond, Jr. by and through their attorneys, Kagen, MacDonald & France, PC, specifically Douglas P. France, Esquire, and in support of said Answer and New Matter to Complaint do aver as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that at all times relevant hereto Stephen Bond was an officer of Bonite, LLC, however, to the extent it was averred, he was a shareholder in the limited liability company same is therefore denied as per Title 15 of the Pennsylvania Consolidated Statute, Ownership Interest in Limited Liability Companies are in the form of memberships and not stockholders. 1 5. Admitted. 6. Denied as stated. The agreement is a written document which speaks for itself, however, it is denied that Stephen Bond is listed in the agreement as a broker, but rather as a licensee as set forth on Exhibit "A". 7. Denied. It is specifically denied that at the same Defendant Bond represented the interest of Buyers, he was also an officer and shareholder of the seller, Bonite, LLC and strict proof thereof is demanded at the time of trial. 8. Admitted. 9. Admitted, however, by way of further answer, the plaintiff elected under the agreement for sale the property inspection contingency and had a whole house inspection performed by South Central PA. Home Inspection Company, Inc. with a written report dated November 28, 2007 which generated a reply to inspection/reports addendum to the Agreement of Sale executed by the parties on December 1, 2007, copies of which is attached hereto marked Exhibit "A" and incorporated by reference herein as though more fully set forth at length, which addendum required the seller to make certain corrections and/or repairs as delineated and repairs to the roof were taken at seller's expense prior to closing pursuant to the contractual obligation under the addendum. 10. Admitted. 2 11. Denied. It is specifically denied that subsequent to buying the property, the plaintiff discovered significant and substantial damage and deterioration to the roof as the defendant, Bonite, LLC had roof repairs performed pursuant to the addendum to the Agreement of Sale and strict proof thereof is demanded at the time of trial. 12. Admitted, however, by way of further answer, the issues relative to the report were brought to the attention of the plaintiff via the whole house inspection performed by South Central Pennsylvania Home Inspection Company, Inc. and the written report dated November 28, 2007. 13. Denied. It is specifically denied that there was any legal requirement to repair or replace the roof on the property and further that a reasonable cost estimate to perform the same is the amount of eight thousand four hundred ninety dollars ($8,490.00) as set forth on Exhibit "C" to the Complaint and strict proof thereof is demanded at the time of trial. 14. Admitted. 15. Denied. After reasonable investigation, the answering parties are without knowledge or information sufficient to form a belief as to the truth of the averment and same is therefore deemed denied and strict proof thereof is demanded at the time of trial. 3 16. Denied. The averments contained in paragraph 16 on the control of a party other than the answering defendants and after reasonable investigation, the answering defendants are without knowledge or information sufficient to form a belief as to the truth of this averment and same is therefore deemed denied and strict proof thereof is demanded at the time of trial. 17. Information relative to the averment contained in paragraph 17 is within the sole control of the Plaintiff and after reasonable investigation, the answering defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 17 and same therefore are deemed denied and strict proof thereof is demanded at the time of trial. COUNT I PLAINTIFF V. BONITE, LLC AND STEPHEN BOND, JR. BREACH OF CONTRACT 18. No responsive pleading is required. 19. Admitted in part and denied in part. It is admitted that Plaintiff, Toby Catone and defendants, Bonite, LLC entered into a contractual relationship regarding the sale and purchase of a property located at 112 Millers Gap Road in Enola, Pennsylvania part of which is set forth in Exhibit "A", however, it is specifically denied that the contract set out 4 in Exhibit "A" includes all terms and conditions which may have been set forth in the addendums to the Agreement of Sale, including but not limited to the reply to the Inspection Reports Addendum to the Agreement of Sale executed by the parties on December 1, 2007. 20. Admitted. 21. Admitted in part and denied in part. It is admitted that the law of Pennsylvania presumes a covenant of good faith and fair dealing in contractual undertakings and it is further admitted under the law that this duty of good faith and fair dealing would apply to the parties of the contract, i.e. Bonite, LLC but the Seller's Disclosure Statement was clearly executed by Stephen J. Bond, Jr. in his representative capacity on behalf of Bonite, LLC and not in his individual capacity and strict proof thereof is demanded at the time of trial. 22. Denied. It is specifically denied that Stephen Bond, Jr. and/or Bonite, LLC knowingly and willfully failed to disclose the existence of problems with the roof on the property and the air conditioner as required by law and strict proof thereof is demanded at the time of trial. 5 23. Denied. The averments in paragraph number 23 are a conclusion of law to which no responsive pleading is required, however, to the extent deemed factual in nature, it is specifically denied that Bonite, LLC or its representative, Stephen Bond, Jr., failed to disclose any problems with the roof or the air conditioner at the subject property and strict proof thereof is demanded at the time of trial. 24. Denied. The averments in paragraph number 24 are a conclusion of law to which no responsive pleading is required. WHEREFORE, the defendants, Stephen Bond, Jr. and Bonite, LLC, respectfully requests this Honorable Court dismiss Count I in its entirety and with prejudice. COUNT II PLAINTIFF V. STEPHEN BOND, JR. BREACH OF FIDUCIARY DUTY 25. No responsive pleading is required. 26. Denied. It is specifically denied that Defendant, Stephen Bond, Jr. had a common law and per se fiduciary relationship with Plaintiff, Toby Catone pursuant to the Real Estate Licensing and Registration Act in that he purportedly represented her interest in the real estate transaction while at the same time being licensed realtor and owner of the property in question and strict proof thereof is demanded at the time of trial. 6 27. Denied. It is specifically denied that this representation created a common law and per se fiduciary relationship with Plaintiff, Toby Catone pursuant to the Real Estate Licensing and Registration Act specifically section 455.606 and strict proof thereof is demanded at the time of trial. 28. Denied. It is specifically denied that defendant, Stephen Bond, Jr. represented Plaintiff, Toby Catone as a broker, but rather as a transaction licensee as set forth on the Agreement of Sale and strict proof thereof is demanded at the time of trial. 29. Denied. It is specifically denied that defendant, Stephen Bond, Jr. breached his fiduciary duty to Catone and it is further denied that he failed to disclose or cause Bonite, LLC to disclose the true condition of the roof and air conditioning on the property and strict proof thereof is demanded at the time of trial. 30. Denied. It is specifically denied that Stephen Bond, Jr. breached his fiduciary duty to Plaintiff by failing to advise to more carefully scrutinize the Seller Disclosure form to otherwise ask questions of the seller of which he had a financial interest, and strict proof thereof is demanded at the time of trial. By way of further answer, in furtherance of his obligation to the Plaintiff as a transaction licensee, Catone elected the property inspection contingency and obtained a whole house inspection from an independent inspection from 7 a home inspector, specifically, South Central PA. Home Inspection Company, Inc. as well as electing for wood infestation inspection and a radon inspection as more fully set forth on the Agreement of Sale dated November 25, 2007, which resulted in the reply to the Inspection Reports Addendum to the Agreement of Sale dated December 1, 2007 which is attached as Exhibit "A" as set forth to this Answer and New Matter as set forth above. 31. Denied. The averments in paragraph 31 are a conclusion of law to which no responsive pleading is required. 32. Denied. The averments in paragraph 32 are a conclusion of law to which no responsive pleading is required, by way of further answer, to the extent deemed factual in nature, it is specifically denied that any conduct on the part of Steven Bond would rise to the level allowing plaintiff to recover punitive damages under the Juris Prudence of the Commonwealth of Pennsylvania and strict proof thereof is demanded at the time of trial. WHEREFORE, Stephen Bond, Jr. Respectfully requests this Honorable Court to dismiss Count II in its entirety and with prejudice. 8 COUNT III PLAINTIFF V. BONITE, LLC AIDING AND ABETTING FIDUCIARY DUTY 33. No responsive pleading is required. 34. Denied. It is specifically denied that Bonite, LLC and Stephen Bond, Jr. work together to withhold information from Plaintiff, Toby Catone, regarding the true condition of the roof and strict proof thereof is demanded at trial. 35. Denied. It is specifically denied that Bonite, LLC knew that defendant, Stephen Bond, Jr. was representing Plaintiff, Toby Catone as her real estate broker/agent and that Defendant Bond owed Catone a fiduciary duty and strict proof thereof is demanded at the time of trial. 36. Denied. It is specifically denied that Bond failed to properly advise Catone with regards to the true condition of the roof constituting a breach of his fiduciary duty to Catone or that Bonite, LLC knew or should have known that Bond failed to properly advise Plaintiff Catone and strict proof thereof is demanded at the time of trial. 37. Denied. It is specifically denied that Bond breached any fiduciary duty to plaintiff and further that Bonite, LLC gave substantial assistance to Bond knowing that Bond would not disclose the defects to Catone; it is further denied that Bond knew that 9 Bonite, LLC would not disclose the condition of the roof to Plaintiff as buyer; and it is further denied that Bonite, LLC and Bond gained financially by intentionally withholding any information or failing to disclose known defects to the Plaintiff and strict proof thereof is demanded at the time of trial. 38. It is specifically denied that Bonite, LLC had a duty to Catone arising from the Agreement for sale of Real Estate independent from Bond's alleged fiduciary duty of Plaintiff's broker/agent and strict proof thereof is demanded at the time of trial. 39. Denied. The averments in paragraph 39 are a conclusion of law to which no responsive pleading is required, however, to the extent deemed factual in nature, it is specifically denied that Bond breached any fiduciary duty or that Bonite, LLC aided or abetted any alleged breach of Bond's fiduciary duty to the Plaintiff and strict proof thereof is demanded at the time of trial. WHEREFORE, the defendant, Bonite, LLC respectfully requests this Honorable Court to dismiss Count III in its entirety and with prejudice. 10 COUNT IV PLAINTIFF V. BONITE, LLC AND STEPHEN BOND, JR. FRAUDULENT MISREPRESENTATION 40. No responsive pleading is required. 41. Admitted in part and denied in part. It is admitted that Bonite, LLC submitted a Seller's Disclosure form that was signed by Defendant's Stephen Bond, Jr. In his representative capacity on behalf of the LLC as evidenced by his signature on the document, however, it is specifically denied that the form was signed by defendant, Stephen Bond, Jr. in his individual capacity and strict proof thereof is demanded at the time of trial. 42. It is specifically denied that the Seller's Disclosure form made no reference to the true condition of the roof and made an affirmative false statement as to the age of the air conditioner as the information contained on the Seller's Disclosure form was true and correct to the best of the knowledge and belief of Bonite, LLC and its authorized representative, Stephen Bond, Jr. at the time of its execution and strict proof thereof is demanded at the time of trial. 43. Denied. It is specifically denied that Bonite, LLC and/or Bond failed to disclose the true condition of the roof and air conditioner and represented that the roof was in good 11 condition and the air conditioner was replaced as new in 2006 and strict proof thereof is demanded at the time of trial. By way of further answer, the agreement for sale of the real estate included an inspection provision which option was elected by the Plaintiff and a whole house inspection including the condition of the roof and air conditioner was included in the written report dated November 28, 2007 as set forth above. 44. Denied. It is specifically denied that the condition of the roof and age of the air conditioner were material to the purchase of the real estate, but rather, or the subject of a whole house inspection and generated the addendum to the agreement of sale dated December 1, 2007 as Exhibit "A" to this Answer and New Matter as set forth above. 45. Denied. It is specifically denied that both defendants had knowledge of the falsity of the representation of the roof was not in good condition and that the air conditioner was not purchased in 2006 and it is further denied that these statements in the seller's disclosure form were incorrect at the time of their making and strict proof thereof is demanded at the time of trial. 46. It is specifically denied that the representations as to the condition of the roof and air conditioner were made recklessly by answering defendants and strict proof thereof is demanded at the time of trial. 12 47. Denied. It is specifically denied that the answering defendants intended Toby Catone to rely upon the Seller's Disclosure in its silence as to its alleged true condition of the roof and age of the air conditioner, but rather, the defendants intended that Toby Catone would rely on the report generated as a result of the whole house inspection performed and then determine whether pursuant to the inspection contingency elected whether the plaintiff would accept the property in the condition reflected in the report or terminate the contract or agree to a written corrected proposal and strict proof thereof is demanded at the time of trial. 48. Denied. It is specifically denied that Plaintiff Toby Catone did in fact rely on the Seller's Disclosure in all respects, but rather, it is averred that the Plaintiff relied upon report of the home inspection dated November 28, 2007 performed by South Central PA. Home Inspection Company, Inc. on the issues relative to the condition of the roof and the air conditioning system and strict proof thereof is demanded at the time of trial. 49. Denied. It is specifically denied that the Plaintiff relied on any of defendant's representations as to the condition of the roof and air conditioner or that Defendant Bond did not alert her to the representations despite the fact that he was an officer of Bonite, 13 LLC as Plaintiff relied upon the results of the whole house inspection in amending the agreement of sale relative to the Reply to Inspection Report Addendum as set forth above. 50. Denied. It is specifically denied that Plaintiff has any damages which are approximately related to her reliance on her representation and that she has and will further incur expenses related to repairing and replacing the roof and air conditioner and strict proof thereof is demanded at the time of trial. 51. Denied. The averments in paragraph 51 are a conclusion of law to which no responsive pleading is required. WHEREFORE, the answering defendants respectfully request this Honorable Court to dismiss Count IV it is entirety and with prejudice. COUNT V PLAINTIFF V. BONITE, LLC AND STEPHEN BOND, JR. PIERCE THE LIMITED LIABILITY PROTECTION OF BONITE LLC 52. No responsive pleading is required. 53. Admitted. 54. Denied. The averments contained in paragraph 54 are a conclusion of law to which no responsive pleading is required, however, to the extent deemed factual in nature, it is specifically denied that Stephen Bond, Jr. or Bonite, LLC committed fraud or 14 misrepresented the condition of the home they sold to Plaintiff in the Seller's disclosure statement and strict proof thereof is demanded at the time of trial. 55. Denied. It is specifically denied that Stephen Bond, Jr. and Bonite, LLC committed fraud and misrepresentation when Bond acted as Plaintiff's realtor while at the same time owner or having an ownership interest in the property being sold by Bond owned by Bonite, LLC as the Agreement of Sale attached to the Complaint clearly indicates on page 10 that Stephen Bond disclosed that he was a licensed real estate agent in Pennsylvania and one-third (1/3) owner of Bonite, LLC. 56. The averments contained in paragraph 56 are a conclusion of law to which no responsive pleading is required. WHEREFORE, answering defendants request this Honorable Court to dismiss Count V in its entirety and with prejudice. COUNT VI PLAINTIFF V. BONITE, LLC AND STEPHEN BOND, JR. VIOLATED THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW (73 P.S. § 201.1. ET. SEQ.j 57. No responsive pleading is required. 15 58. It is admitted that the averments in paragraph 58 are an accurate statement of the law, however, it is specifically denied that any of the conduct of answering defendants would come within the per view of the statute as set forth in paragraph 58 and strict proof thereof is demanded at the time of trial. 59. It is admitted that the averments in paragraph 59 are an accurate statement of the law, however, it is specifically denied that any of the conduct of answering defendants would come within the per view of the statute as set forth in paragraph 59 and strict proof thereof is demanded at the time of trial. 60. It is admitted that the averments in paragraph 60 are an accurate statement of the law, however, it is specifically denied that any of the conduct of answering defendants would come within the per view of the statute as set forth in paragraph 60 and strict proof thereof is demanded at the time of trial. 61. It is admitted that it is a correct statement of law, however has no application to the conduct of the answering defendants and strict proof thereof is demanded. 62. It is admitted that it is a correct statement of law, however it is specifically denied that in the instant transaction any fraud occurred and further denied that the seller made a misrepresentation undertook a concealment calculated to deceive or committed 16 any non-privileged failure to disclose and strict proof thereof is demanded at the time of trial. 63. Admitted, however, by way of further answer, it is specifically denied that any of the information contained in the Seller's Property Disclosure Statement was incorrect or inaccurate at the time of its execution and strict proof thereof is demanded at the time of trial. 64. Admitted. 65. Denied. It is specifically denied that defendant's knowingly and recklessly made false statements and intentionally concealed material information regarding defects in the roof and air conditioner's age and strict proof thereof is demanded at the time of trial. 66. Denied. It is specifically denied that Plaintiff was justified in her reliance upon the property disclosure statement provided by defendants and further that the seller's disclosure statement contained misrepresentation or falsities and strict proof thereof is demanded at the time of trial. 67. Denied. The averments in paragraph 67 are a conclusion of law to which no responsive pleading is required, however, to the extent deemed factual in nature, it is specifically denied that plaintiff suffered damages as a result of justifiable reliance upon 17 any statements of the answering defendants and it is further specifically denied that any of the statements given by answering defendants were misleading or concealed material defects and strict proof thereof is demanded at the time of trial. 68. Admitted that it is a correct statement of law, however, it is specifically denied that it has any application to the foregoing action and strict proof thereof is demanded at the time of trial. WHEREFORE, answering defendants respectfully request that the court dismiss this count in its entirety and with prejudice. Respectfully Submitted: EN, MACDO L & FRANCE, P.C. Douglas P. Fr e, Esquire Attorney No. P 48744 2675 Easlenll3lvd. York, PA 17402-2905 Phone: (717) 757-4565 18 VERIFICATION I verify that the facts in the foregoing document are true and correct, upon my personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: /0/1 G r-C Steph Bo ADDS] 1 PROPEL 2 1 -SELLER 3 ..BUYER `a ;DATE OF ACRE, I MEN'l' S In reply- tothe following inspectio;nslreports only: .7 ?"Property Inspections (Borne Inspection;, ?.-Wo4'Infestation ? Certificate of Occupancy e . Plulnhing; etc.): ?;Radon- ' ? Property Insurance s ? Lead-Based Paint ? Other: 10 ? Water Service 0 Other: 11 ? Appraisal/Mortgage LeuJer Iuspecdou ? Individual Oa-Lot Sewage Disp'usal ? Other: . 12, 1..O, Accept: Buyer accepts the Property in.the: condition reflected> in>the_above report(s): 13 }4 2:.:? Terwirtate As provided for in:the terms:of.the Agreement of Sales Buyer. terminates.thty'Agreement, and Seller may market 15 the. property and accept o1T'ers from other buyers. 16 _ .17 i a 3 Q].. Written Coei eclive 0ruposai: Buyer. accepts-the Property-and-Seller agrees--to satisfq the terms of the following Written . 19 Corrective hropusal(s): 20 (A) 0 CorrectiaasfRep:firs: Seller,'at Seller's expense;-will make.the<followingcorrectionsfrepairs. to the Property in a work-- 21 manlike niaiVier, with pennits if recluired,1prlorto settlement 0 ? 22 _ ?/'-?1 /Y1r'1 10,0 r, '? 24 ' ..Marl ,7,! I )i 1r/? 1? f"hfi;(r ! t r L [L , 25 h, P ? a r? 2C 1.,-v 27 _ ? See att.wIled Proposal i f ! ? 114, 6) 26 (B) ? Credit: Seller will credit $ towards the costs of corrections/repairs tcAhe Property, as acceptable to 29 the mortgage lender(s), if any. 30 (C) ? Seller Assist: Seller, assistjs changed to or % of the Purchase Price, inaxiinum, 31 toward Buyer's costs as permitted. by the -mortgage lender(s); if any. 32 (U) ? Settlement Date: Settlement date is changed from to 33 (L) ? Purchase Price: Purchase price is changed from $ to_$ „y 3a .(F) C1 h1o> tga;c Aiiluuul: Mortgage amount is changed from $ ^ to:$ _!J 35 (C) Q.Other: .3s ..._, 4U A.10 Change of'Liile eerlod(s) (changing of anytime period: ill the. Agreement:of-Sale;does, not constitute acceptance of the Al . Property unless otherwise stated): Time periods stated in the Agreement. of Sale:are changed as follows: 42 (A) The time period in paragraph line of the Agreement of Sale: is changed to - 43 (13) The time period in paragraph. : line of-the Agreement of,Sale is changed to_ as (C) The time period in paragraph , line_ of the Agreement of Sale is changed to 45 as All other terms :lull conditions of the Agre.etneut'of Sale remain.utlchanged and in full force and effect. 47 .4c3. TEINIINA'rING 'I'llli AtiRL1;lU1-IY:1' OF SALTS i'tiRSJA,\T'ro milAG1tm,it 2 m;uVE REQUIRES ONLY THE SIGNATURE(S) Or" t'lit. a3UYi:R(S):` 49 50 .WI'I'Nh:SS ' < &BUYL12 i DATL 51 WITNESS BUYER DATE 52 WITNESS __ __ .....,.- : BUYER DA'I'S 53 WITNESS SL^: .. ?-j LLElt sa WI'fNL'S$?. SELLER;" DATE W ITN 1,SS' SELLER DATE 207 Perlrlsvlvania Assoi iation'ofi RE/1Ll016" CUl'YItIGICI'1'1sNNSYL?'nN(nA5SuC1A'17Uiv ui tir.nl,uK5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOBY CATONE NO. 2010-4708 Plaintiffs V. CIVIL ACTION-LAW BONITE, LLC and STEPHEN BOND, JR. Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ? day of 4'&Nrr,,, , 2010, 1 Douglas P. France, Esquire, do hereby certify that I have served a copy of the within Answer and New Matter by First Class Mail addressed as follows: Steven R. Snyder, Esquire 4292 Emily Drive Harrisburg, PA 17112 Steven Bond, Jr. 85 River Road York Haven, PA 17370 Respectfully Submitted: K&GEN, MACDONALD,& FRANCE, P.C. Douglas E. F?@Wce, Esquire Attorney No. PA 48744 2675 Eastern Blvd. York, PA 17402-2905 Phone: (717) 757-4565 Dated: October 19, 2010 Davit/D. Buell Prothonotary Off Office of the Prothonotary Cum6erfancfCounty, Pennsylvania rkS. Sohonage, ES'Q Solicitor /0 —176 3 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite100 0 Carlisle, TA 0 (Phone 717 240-6195 0 rFax 717 240-6573