Loading...
HomeMy WebLinkAbout10-7724GOMMONWE:ALTM OF PENN5YLV COURT OF COMMON PLEAS Judicial District, County Of G~(~8~,p/yo~ NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT ~ ~ COMMON PLEAS No. ~G- ~~ ~ ~/~~~ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. ~0/~l.~S ~u~'O ~ ~d Q-~~ d j ~4~ORArBGE ~iSRC~s /~• L',(f/~f,~t/7 ~~ /!LTd bRi'v~ ,Ec~/ C u~G~,C ~ivd d°s~ sT/~a~o -i~,~- %~°~,? 3 v/D ~~ ins . ~Jo ~. ~~~ ` J~2Ei~~iv ~S~Q9j%crs~- ~i This btodc will be signed ONLY when this notation is required under R.C.P.D.J. No. 10086. This Notice ~ Appear, when recsiived by the District Jusfice, will operate as a SUPERSEDERS to the judgment for possession in this case. ~ d RaMonatary orawb (see Pa. R.C.P.D.J. No. 1001(6) in a Disfrid Jusfice, A COMPLAINT MUST t3E FILED within twenty (20) days aRer fdtirp the NOTICE d APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fom- to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Disbict Justice. IF NOT t1SED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to fde a canplaint in this appeal Name d appeNee(s) (Common Pleas No. /~ 77~ ~~~~/ )within twenty (20) days after service of rule or suffer entry of judgment of non pros. Sipnatura ofsppeuent orarromey a agent RULE: To , appellees) Name a/appeNsa(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mad. (2) H you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY l3E ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 1T/Cr , 20 Signafwe o/P-otl~onotary or ~Y YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHRE -COURT FILE TO BE FILED WRH PROTHONOTARY GREEN -COURT FILE YELLOW -APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE ., ti a. PRQOF QF SER1~E OF NATICE OFAP ~ AN 'R E TQ I~1LE.C LA/NT (This proof o~ service ,jt+lt/~Td~E Fft~49tITH/N TEN (t U) DAYS-' ~,q ~ notice cif ap Check applts~le bo~ces.~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: 1 hereby (swear) (affirm) that I served ^ a copy of the Notice of Appeal, Common Pleas ,upon the District Justice designated therein on (date of service) , 20 ^ by personal service ^ by (certified) (registered} mail, sender's receipt attached hereto, and upon the appellee, (name) , on 20 ^ by personal service ^ by {certified) (reg~tered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUSSCRISED BEFORE ME THIS DAY OF , 20 Signature of oftrcial before whom ah9davit was made Tale DI oIl~cial My commission expires on 20 n C -~ 3 rnm rn ~ ~ ~~ ~~ ~, ~. ~ o I> c~ zo 3'~ ~ O ~ -G Signature of afriant ro © ~ © -~ r,^ t- ~~ Q v ~ ~• COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice cif Judgmeln~t/Tralnscript Civil Case Mag. Dist. ,No: MDJ-09-1-01 MDJ Name: Honorable Charles A. Clement Jr. Address: Olde Towne Commons- 400 Bridge Street, Suite 3 New Cumberland, PA 17070 Telephone: 717-774-5989 Thomas G Tuso 714 Hilltop Drive New Cumberland, PA 17070 Disposition Summary Thomas G Tuso V. Laura Foreman Docket No: MJ-09101-CV-0000534-2010 Case Filed: 10/8/2010 Docket No Plaintiff Defendant MJ-09101-CV-00005342010 Thomas G Tuso Laura Foreman Judgment Summary JointlSeveral Liability Individual Liability Participant Th6mas G Tuso $0.00 $0.00 Laura. Foreman . $0.00 $0.00 Disposition Disposition Date Judgment for Defendant 11/23!2010 Amount $0.00 $0.00 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY.OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYlCLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION.• YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CML PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMIYION PLEAS,.ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON RLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE .INTERESTED IN THE. JUDGMENT MAY FILE A REQUEST FOR.ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~ ~ f P,,. ~, ~~;. .sir ~I'~ `F •~Y': ,^,--~ 12 23 2031 ~ ~ ~ ,,,~° . Date Magisterial District Judge Charles A. Clement Jr. I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge Charles A. Clement Jr. Page 1 of 1 . Printed: T1/23/2010 4:53:38PM ~.. vo 00 u .- r~ ~oo ~p ~N I~ (0 y. r TON w Fooo ~~aOZC~ a N „P~ ~ ~ a ~ ~~ N O c, ~ m d ~ ~ J ~s°~irNn o o ~ ..:. M" ~'~~ ., s- M t~ ~~L ~ ~,• ~JHS` ~rl ~jj.~ i~}}} t~i ~~ ~~r 111' rj~ f, 3 ~' . l,yi ~'•.. ,~ . Fti?Ep-OFFICE or. NNE. t• ZQ14 SEC 21 A1? ? ? ? c;U P ???SY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss -o AFFIDAVIT: I hereby (swear) (affirm) that I served f,?'a copy of the Notice of Appeal, Common Pleas o.-97O? U%on the District Justice designated therein on (date of service) 20 / 0, by personal service ? by (certified) (registered) mail, sender's receipt attac d hereto, and upon thee appellee, (name) on 20-,& ? by personal service by (certified) (registered) mail, ' z2zze sender's receipt attached hereto. ` (SWORN) AF IRMED) ANDS BSCRIBED BEFORE ME TI- DAY OF , 20-Z&. Signe re of ofri l bef_ whom affid it was made Title of official J My commission expires on 77A) 20? TM OF COURT OF COMMON PLEAS NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. (ay/ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appal from the judgment rendered by the District Justice on the date and in the case referenced below. , ?, 11h? ?GISc? - PWT. NO. ?ME OFAR,?B?LE W4 7LA"T CIT, STATE This block wig be signed ONLY when this notation is required under R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, wig operate as a SUPERSEDERS to the judgment for possession in this case. '.D.J. a District Justice, A COMPLAINT MUST BE FILED within twenty (20) s after !!2j ft __ EAL. stmft .of Rofn?onowyaD.W* -P.JRAECIPE TO ENTER RULE TO FILtCOMPLAINT AND RULE TO FILE (This section of f-ibrm to be usdd ONLY whenaa was DEFENDANT (see Pa,R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of ' be served upon appellee. PRAECIPE: To Prothonotary Enter rule ypon appe lee(s), to file a complaint in this appeal NanwW apparae(s) (Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros. RULE: To , appellee(s) Nema of appe#Ws) Slgn we ofapp*#W oratlomeyor agant (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by peril service or by certified or reed mail. (2) N you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED ACAINSTY0IU. (3) The date of service of this rule if service was by mail is the deb of the mailing. , Date: 20 ?- YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDfaMENT/Ti CRIPT FOMVA?it TI *,NOTICE OF APPEAL. AOPC 312-02 Judicial District, County Of 6VOWW WO WHITE - COURT FILE TO DE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - ApPELLANrS copy PINK COPY TO DESERVED ON APPELLEE GOLD- COPY TO DESERVED ON Drs1RW JUSTICE 1 c? r1 ? i_t_I V a ¦ Compida item 1, 2, and 3. Also come w item 4 if R*ftW DdWWY 15 decked. ¦ Print your name and address on the reverse so that we can retum the card to you- • Attach this card to the back of the mailpiece, cnnnm rimmits. L). IS OMVWY 1. Article Addressed to: If YES, entw delivery address below: IL C"#g CL 3. SWAM TYPS IWOertmed NFU ;103 Regl8wed r-, a..ax PS For, 3811, February 2004 o Express Mall Retwn Receipt for Merchandise nnnn d RrutriCted penverY( (urru r / -rr.l n rinn r. hhub r uy? Domestic Retum Receipt s UNITED STATES POSTAL SERVICE First-Class Mail • Sender: Please print your name, address, and ZIP+4 in this box • ?orntls TS o D ?2i `vim Jib 1?i ?c. 7oP IVf,lW C40764WM,6:? 12070- Postage & Fees Paid LISPS Permit No. G10 iss11l(sislti1111111i1II11111111111111I1111iil ns1jl111lilt III (Domestic CERTIFIED MAIL Provided) FLFCIAL USE _ NEW CUMB RLAND PO ? NEW CUMBERLAND. Pennsylvania o •~ 170709998 A Pie s ?- 4134870070 -0099 12/17/2010 (800)275-8777 02:42:22 PM I RewmRsce d F" Fe. OWN" i pt ! °? (Erboraerrient Required Sa as aoe Product Sale Unit Final d ReatdcWd oeuv" Fee s.. a1f I Description Qty Price Price ?ndorasm.m Required) V ! Total P S Fees _ 2009 Forever 1 ffi8. BO $8.80 m $ fr. Stomp P SW9 TO SA A Dbl d Bk1t 1 $0.44 $0.44 °-' ---- Thanksgiving E d or po / ?f'?l..F0=' ,Day Parade r- - - ---- -- Y-- ...._ -------- ------- $0.44 cry slow, iK.----------- ?2011 ?np 6 CAMP HILL PA 17011 Zone-1 First-Class Letter 0.30 oz. Return Rcpt (Green Card) $2.30 l Certified $2.80 Label 70093410000156067814 Issue PVI: $5.54- Total $14.78 N?' Paid by: Cash $20.00 Change Due: -$5.22 Order stamps at USPS.com/shop or call .1-800-Stamp24. Go to USPS.com/clicknship to print shipping labels with postage c For other information call 1-800-ASK-6SPS. Get your mail when and where you want it with a secure Post Office Box. Sign up for a box online at usps.com/poboxes. Bi11N: 1000100526713 Q Clerk: 06 t1i All sales final on stamps and postage Refunds for guaranteed services only \ Thank you for your business v Note: Express Mail refund restrictions in c effect for mailing dates Dec. 22 - 25 c c n It%ICYi it fi%7C?f YfYr%7K It*ytytY(1(71t7f 7K7R??*XYt'X 11X 1tY(tyiY7Y 7t Yf? T HELP US SERVE YOU BETTER a a ? 7H Go to: https://postalexpertence.com/Pos $ - ae TELL US ABOUT YOUR RECENT ~ L MC L- POSTAL EXPERIENCE f E °. E o r E YOUR OPINION COUNTS V a*xx,r?rrrxxxrrxx?r?cxxtxsrtrxrxxsrrcxrcxxxrr*** = 3 7f 7CY{7k*A>r%7l1fXYi 7I7C Y?y{y(Yt ?i 7?K1i'R7C7c 7rY?yl7Y Yf iY YfYf 7KYi Yf klkY7IC cci T ? G?Z. 2 Z Customer Copy FILED -OFFICE THOMAS TUSO OF rC 4 714 HILLTOP DRIVE r ! r ' L NEW CUMBERLAND, PA 17070-1735 CELL: (706) 566-8679 C UN O' E RL A NO COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT, COUNTY OF CUMBERLAND IN THE MATTER OF: LAURA FOREMAN THOMAS TUSO VS. NOTICE OF APPEAL : FROM : DISTRICT JUSTICE JUDGMENT : COMMON PLEAS NO.: 10-7724 CIVIL I, THOMAS TUSO, Plaintiff, residing at 714 Hilltop Drive, New Cumberland, Cumberland County, PA 17070-1735, is filing this Complaint, Notice of Appeal, from Judgment rendered by District Justice, Magisterial District Judge Charles A. Clement, Jr., MAG. DIST. NO.: MDJ-09-1-01, Docket No.: MJ-09101-CV-0000534-2010, Disposition Date: November 23, 2010. (EXHIBIT A) Plaintiff is seeking relief of the Court's prior Order, Notice of Judgment, dated above. (EXHIBIT A) On May 28, 2010, AMERIGAS Propane picked up a 100-gallon propane storage tank, (EXHIBIT B), to include 100 gallons of propane fuel (used for cooking and heating) stored on the property of the Plaintiff located at 714 Hilltop Drive, New Cumberland, Cumberland County, PA 17070-1735, (EXHIBIT C), and refunded the Defendant (previous owner of said property) the amount of $252.14. AMERIGAS Propane, failed to set up my account for the return of said storage tank, and through their negligence paid/reimbursed my money to the previous owner, Laura Foreman, Defendant. The amount of refund ($252.14) was refused to Plaintiff; via third party (Thomas Foreman, Prudential Thompson-Wood). ti STATEMENT OF PROBABLE CAUSE. Standard Agreement for the Sale of Real Estate (714 Hilltop, New Cumberland, PA; dated May 9, 2009), (EXHIBIT D), Page 2 of 10, Section 4. FIXTURES & PERSONAL PROPERTY (A) INCLUDED in this sale are all existing items...; any remaining heating and cooking fuels stored on the property at the time of settlement;... Propane remaining from the sale of this dwelling was used for the following: stove, fireplace, and heater. Just like the oil stored on the property, that was remaining from this sales agreement, was used for heating the home. Note that this fuel (propane) was not a prorated utility (allocated in proportion or proportionally or divided based on another value, usually a unit of time). Fuel (propane) was delivered and stored on the property in a 100-gallon storage tank. On Page 10 of 10, of the Standard Agreement for the Sale of Real Estate, dated May 9, 2009, Defendant signed and agreed to this Standard Agreement for the Sale of Real Estate. REQUEST JUDGMENT in the amount of $454.62 to cover the following costs. Propane fuel was $356.02 minus service term fee of $103.88 equals $252.14. This was the amount that Laura Foreman received. Attorney fees was $25.00, court cost of $69.50, phis restricted mail fee of $10.25 equals $79.75 (Magisterial District Court 09-1-01 fees) totals $356.89. Notice of Appeal filling fee was $91.75, plus postage, which come to a grant total of $454.62. (EXHIBIT E) I, THOMAS TUSO, HEREBY affirms/verify that the foregoing facts/information/statements made by me in this complaint are true and correct to the best of my knowledge, information and belief, said affirmation being made subject to penalties prescribed by Section 4904 of the Crimes Code (18 PA. C. S. Section. 4904), related to unworn falsifications to authorities. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment by the Court. Date: December 21, 2010 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-1-01 MDJ Name: Honorable Charles A. Clement Jr. Address: Olde Towne Commons 400 Bridge Street, Suite 3 New Cumberland, PA 17070 Telephone: 717-774-5989 Thomas G Tuso 714 Hilltop Drive New Cumberland, PA 17070 Thomas G Tuso . V. Laura Foreman Docket No: MJ-09101-CV-00005342010 Case Filed: 10/8/2010 Disposition Summary Docket No Plaintiff Defendant MJ-09101-CV-0000534-2010 Thomas G Tuso Laura Foreman Judgment Summary Participant Thomas G Tuso Laura Foreman JoinVSeveral Liability Individual Liability $0.00 $0.00 $0.00 $0.00 Disposition . Judgment for Defendant Disposition Date 11/23/2010 Amount $0.00 $0.00 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION.' YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date Magisterial District Judge Charles A. Clement Jr. I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge Charles A. Clement Jr. MDJS 315 0 e Page 1 of 1 Printed: 11/23/2010 4:53:38PM uxwe f" I I .. z z O a: W¢ Q g d a z wH (W? ?A I a U w w0 V . 0 < a a. a y z z m = w w = ! m ¢ a o 0$ oo 0 wl az 0 ? ? ? O ¢ ? ?l a ? o U ? ?- oa mm r? w , z kr) ?\ W W U H U C; Q F ?) o cU In m W 2S y z W T ! J 7 m; Y c( \ U LL. m? r M 3?? L .0 'CO $ V" Q N7 ¢ ?' So = co i- `m w w ' y. j w N Q v j ?{? Vy YI " j y ?? Z ? O m ?Q?J?,J C Q• • m k W R Ids O C . " m C -G Bt a U ? w¢ J _ c ww vmd NO ???? ?Q a.Q O? >z Z a xm 3Z ` ?, z O C/3 ¢O ?U cF" cv y°g 3° c w w 4 z co c ?- m ' d r- r o o aka m J c d .,1 t [C m d?N to?2 t 9 a _om r0U z -r ti y c co `ma m ?-°mW i 4 1 _ ? LL O w ZZ m?e_ w X03 E. .>2 O m ?S ! e ..? 0 o J UW 03 yYa ?Ro U0M, Uv? _c w r Q ?Y Qz < a @CD0 ?3g o ¢ a X at h? I w ` C7 F 42 mac mgm a o ¢ 1* z¢ f w o w aw w ! F mmQ O£w c z" ?r7 W IL I Q r' ?m 03 a Z z¢ Q o wl Wm f z ?? Ucm cOm Om F aa C7 __ QZ ___ _ U _ _ Q 0:) Sz O U ° r,-Om Nm tO p < w a 2 \ -? a ¢ w w z w U w p o m N w 3 z N W m w C7 a W w w U 3 ? Q ¢ L. '? W z F - a W a a • p W co ?w W a U Y W w Q Q 1\ U ac .1 a m _ Q } > w Z) co co W¢wQ 1) ` 2 z O F M z :3 Of N _ z LU z~ a¢ a Ir ¢ cc ¢ W W w ? W U cc cn U_ ???? A - i ? 1 Q w p CL o 'L 0 3o LL O L oQ z ?j \ \e w a W w w as cn a. `} 2 TM Vj l w i W W w w is ^ LU to (n fn w z z L, \ a: ¢ Z O O W s a p z z v0a V - ti o fn W F o3 w CD W O p W W. O W > m ¢¢ a Z _ 0 0 0 O D L) w z w W 'N 1 CO ¢ - U) Z w w w w ¢ w w Q w ????? O Fa Z ?_ F o f F 0 f ~ g ~ a: a I a fn u) } U < a W w? cn Do ( L4 m O ) ? O Z co N a Z m m ? a 3 z Z ? to y a co z \ LLJ . QQ cn w L) w W _ w L) w W w a U a V a a O S v w w w 0 1 1 _ L. ? ? V Z N y w w w a O? \ O z0 J 1 ? ` \ ` z a F m w a w m s u+ y a 52 i w N a i++ S Z ¢¢ Jy w ,Y O -? N a m a _ a w i ?. (D ? Z K Z co ? W ?? a A N Wx -2 g a W yq ? U 4 Lr. W a ? z_ w o ? v? o ? x ¢ 2 m o z > cc Z w ? ? a } o N CD , Uw LLJ v~ip?wF' y y 'S x y w ¢ a m Z. w (r cr o co ai¢ ????? cn ` ?? ? ?w C£KN1aiT i3? Warranty Deed 40 County Parcel No.& - i#5.3 fill 0000yo This Deed, Made the p day of in the year TWO THOUSAND NINE (2009) BETWEEN LAURA E. FOREMAN, formerly known as LAURA E. BROWN AND RICHARD A.. FOREMAN, wife and husband, of New Cumberland, Cumberland County, Pennsylvania, parties of the first part, hereinafter referred to as the GRANTORS AND ,5r THOMAS PAS! TUSO, single man, of Camp Hill, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as the GRANTEE WITNESSETH, That in consideration of TWO HUNDRED EIGHTY-TWO THOUSAND AND 001100--------------------------------------------------------------- -------- ($282,000.00) ---------------------------------------- -------------------------- Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantee ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a point on the Southerly line of Hilltop Drive said point being located Four Hundred Fifty-six and Eight One Hundredths (456.08) feet measured Westwardly along said line from the Westerly line of Valley View Road; thence Southwardly along the Westerly line of Lot No. 4, Block "m" on the Plan of Section 4, Drexel Hills, said Plan being recorded in Plan O q Book 11, page 11, Cumberland County records, One Hundred Twenty (120) feet to a point; thence Westwardly by a curve to the Left having a radius of Nine Hundred Forty (940) feet and along the Northerly lines of Lot Nos. 13 and 14 in Block "Mn, an arc distance of Seventy-five and Thirty- eight One Hundredths (75.38) feet to a point; thence Northwardly along the Easterly line of Lot No. 2, Block "M" One Hundred Twenty (120) feet to a. point on the Southerly line of Hilltop Drive; thence by the latter line Eastwardly by a curve to the right having a radius of One Thousand Sixty (1060) feet an arc distance of Eighty-five (85) feet to the Place of BEGINNING. BEING Lot No. 3, Block "M" on said Plan and being property known and numbered as 714 Hilltop Drive. UNDER AND SUBJECT to building and use restrictions as set forth -in instrument recorded in Misc. Book 128, page 569, which is hereby expressly extended to cover the lot above described. ALSO UNDER AND SUBJECT to valid building, zoning, deed and Plan restrictions, right of the public and others in the roads, streets and alleyways adjoining the described premises and easements of record and apparent. BEING the same premises which Craig D. Wilson and Jacqueline A. Wilson, husband and wife, by deed dated February 13, 2004 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 261, page 4219 granted and conveyed unto Laura E. Brown and Richard A. Foreman. The said Laura E. Brown and Richard A. Foreman have since married and she is now known as Laura E. Foreman. TOGETHER with all and singular the buildings, improvements, way, woods, water, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof; AND ALSO all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantor both in law and in equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances. TO HAVE AND TO HOLD all and singular the premises herein described together with the hereditaments and appurtenances unto the Grantees and to Grantees'-proper use and benefit forever. ? ?,xx1????T' C AND the said grantors will specially WARRANT AND FOREVER DEFEND the property hereby conveyed. IN WITNESS WHEREOF, said grantors have hereunto set their hands and seals, the day and year first above-written. Sealed and delivered in the presence of (Wbess) LAORA E. FOREMA J 41140 ?"W-J/jw LA RA E. BROWN (witness) (CHARD A. FOREMAN Commonwealth of Pennsylvania County of On this, the day of _, 2009 before me the undersigned officer, a notary publi , personally appeared LAURA E. FOREMAN (formerly known as LAURA E. BROWN) and RICHARD A. FOREMAN, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purpose therein contained. IN WITNESS THEREOF, I have hereunto set my hand and notarial seal. NOTARIAL SEAL SARAH N EDE Notary Pubpc HAMPDEN TWR CUMBERLAND COUNTY My Commission Ex;*es Apr 28.2010 - SL&?n Notary u IiC MCE: ?f?' 14 r! C Certificate Of Residence I hereby certify, that the precise residence of the grantees herein is as follows: 7l yi' l??o ? ?R1 ve A Ad. Grantee) LIZ) Recorder. of Deeds Commonwealth of Pennsylvania County of RECORDED on this day of , A.D. in the Recorder's Office of said County, in Deed Book Volume , Page Given under my hand and the seal of the said office, the date above written. Recorder. C 5.,q ; 0 ;r cJ a ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200923855 Recorded On 7/9/2009 At 11:54:44 AM * Instrument Type - DEED Invoice Number - 47925 User ID - MBL * Grantor.- BROWN, LAURA E * Grantee - TUSO, THOMAS * Customer - SECURED LAND * FEES STATE TRANSFER TAR $2,820.00 STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING.FEES - $12.50 RECORDER OF DEEDS PARCEL CERTIFICATION .$10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 WEST SHORE SCHOOL $1,410.00 DISTRICT NEW CUMBERLAND .$1,410.00 BOROUGH TOTAL PAID $5,689.50 I Certify this to be recorded i-n Cumberland.County PA of . RECORDER O D EDS t?so * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 0000yo III IIIIIIIIII III 1111111 III * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. 6 EXW)13;T 4::!) STANDARD AGREEMENT FOR THE SALE OF REAL- ESTATE A/S-R This form nxan+meoded and approved for, but not resuieted to use by, die membas of do r ausyWanis Association of REALTORSx (PAR). SELI ER' BUSINESS RELATIONS P WITH PA LICENSED BROKER BROKER (Company) Qu• le rn fl 15 ,4n PHONE r - tl 357 2 ADDRESS J FAX LICENSEE(S) Designated Agent? ? Yes ? No BROKER IS THE AGENT FOR SELLER. OR (if checked below): Broker is NOT the Agent for Seiler and is a/an: 0 AGENT FOR BUYER ? TRANSACTION LICENSEE BUYER'S BUSINESS R?TSHIP WITH PA LICENSED BROKER [BROKER(Compan)-r,-C?- ? PHONE Designated Agent? ? Yes LICENSEE(S) KPGc -P- 42X- BROKER IS THE AGENT FOR BUYER. OR (if checked below): Broker is NOT the Agent for Buyer and Is alan: ? AGENT FOR SELLER ? SUBAGENT FOR SELLER ? TRAXSACTIO\ LICENSEE SELLER(S): When the same Broker Is Anent for Seller and Agent far Rover. Rroker is ¦ Dual Agent. AN of Broker's Re.Mam are aloe nasal Aonnte I t\I .FCC fhw am separate Designated Agents for Buyer and Seiler. If the same Licensee Is designated for Seiler and Buyer, the Licensee Is a Dual Agent. I. Qi5 agreement, dated lln .J -7, 7Cel , is between 2 3 4' s 6 7 6 9 10 11 12 13 14 r.5 16 17 1a 19 20 21 22 23 24 25 26 27 26 29 30 31 32 33 34 35 36 37 38 39 40 41 BUYER(S): , called "Seller," and r., 5 b :::M1., M !1 S I1 2. Property (9-05) Seiler hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: All that Certain lot or piece of ground with buildings and improvements thereon erected, if any, known as: In the • -TfG County of , r,+/ A I in the Commonwealth of Lot, Block; Deed Book, Page, Recording Date): 3. TERMS (9-05) (A) Pumbase Price which will be paid to Seller by Buyer as follows: 1. Cash or check at signing this Agreement: U&rn 2. Cash or check within days of the execution f this 3. 4. Cash or cashier's check at time of settlement: US. Dollars, _ sup S S C3 No t 3 4 5 6 7 6 } 10 11 12 13 14 15 16 17 18 19 0C§ (B) Deposits paid by Buyer within -, 30 _ DAYS of settlement will be by cash or cashier's check. i4postt, ngardkss the form of payment 23 and the person designated as payee, will be paid in U.S. Dollars to Broker for Seller (unless otherwise stated here), 24 who will retain 25 deposits in an escrow account until consummation or termination of this Agreement in conformity with all appli?bk and ti . Any 26 check tendered as deposit monies may be held uncasitod pending the atxxptagce of this Agreement. Q{Y? _7 (C) Seller's written approval to bt; on or before: 7CCOR 21 (D) Settlement to be on --J-1 Ix I XT t )l' , or ore if uy d Seller agree. 25 (E) Settlement will occur in the c ry where a Property is located or in an adjacent county, during normal business hours, unless Buyer and 3a Seiler agree otherwise. 31 (F) Conveyarice from Seller will be by fee simple deed of special warranty unless otherwise stated here: 32 33 (G) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here: 34 35 (H) At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing where applicable: current 35 taxes (see Information Regarding Real Estate Taxes); rents interest on mortgage assumptions: condominium fees and homeowner association 31, fees; water rutd/or sewer fees, together with any other licnable municipal service. All charges will be pro-rated for the period(s) covered 36 Seller will pay up to and including the date of settlement and Buyer will pay for all days following ement, unless otherwise 39 stated here: 171 - 40 011 Buyer Initials: A/S-R Page I of 10 Selle r initial 41 Revised 9/05 COPYRIGHT PENNSYLVANIA ASSOCtATIpN OF REALTORSa 2005 V/ I Pennsylvania Association of REALTORS' 945 to 10 - Ex H ! 131) or called "Buyer." (e.g., Tax ID p; Parcel #; 2 4. FIXTURES & PERS01 s (A) INCLUDED in this - tutrs ncluding (I i: d -hit 3 n ; anten vision 6 tlement; sump 7 window g h .6* stated. Also include .o R i3 is t5. 59 30 52 a E: 67 55 69 71 r 7.2 75 K ss s+ :2 94 AS 56 37 r °3 =6 ly +o-: .h1 7D2 + ,c. (B) LEASED items ms permanently installed in the property, free of licit, including plumbing; heating; lighting fix- s); water treatment systems; pool and spa equipment; garage door openers and transmitters; tele- lantings and treed any remaining heating and cooking fuels stored on the Property at the time of set- ins t; mailboxes; wall to wall carpeting; existing window screens, storm windows and screen/storm doors; and blinds; awpings; built-in air conditioners; built-in appliances; and the ra jge ovcn unless otherwise ise by Seller): (C) EXCLUDED fixtures and items: S. DATESITIME IS OF THE ESSENCE (9-05) (A) The settlement date and all other dates and times referred to for the performance of any of the obligations of this Agreement are of the essence and arc binding. (B) For purposes of this Agreement, the number of days will be counted from the date of execution, excluding the day this Agreement ums exe- cuted and including the last day of the time period. The Execution Date of this Agreement is the date when Buyer and Seller have indicated full acceptance of this Agreement by signing and/or initialing it. All changes to this Agreement should be initialed and dated. (C) The settlement date is not extended by any other provision of this Agreement and may only be extended by mutual written agreement of the parties. (D) Certain time periods are pre-printed in this Agreement as a convenience to the Buyer and Seller. All pre-printed time periods arc negotiable and may be changed by striking out the pre-printed text and inserting a different time period acceptable to all panics. 6. MORTGAGE COA"171NGENCY (9-0S) D WAIVED. This sale is NOT contingent on mortgage financing, although Buyer may still obtain mortgage financing. (L?. ELECTED. (A) This sale is contingent upon Buyer obtaining mortgage financing as follows: First Mortgage on the Property / ' Second Mortgage on the Property Loan Amount S V Loan Amount S Minimum Term years Minimum Term yews Type of mortgage G _ Type of mortgage Mortgage lender Mortgage lender 42 . 43 44 5 SS ;y 50 51 52 '-3 54 55 56 57 s^ e? 53 5; 67 68 (r. 74 Interest rate %; however, Buyer agrees to accept the Interest tare however. Buyer agrees to accept the interest rate as may be committed by the ortgage lender, not to interest rate as may be committed by the mortgage lender, not to exceed a maximum interest rate of =. exceed a maximum interest rate of %'°. Discount points, loan origination, loan placement and other fees charged Discouta points, loan origination, loan placement and other fees charged by the lender as a percentage of the mortgage loan (excluding any mon- by the lender as a percentage of the mortgage loan (excluding any mort- gage insurance premiums or VA funding fee) not to exceed gage insurance premiums or VA funding fee) not to exceed % (00/9 if not specified) of the mortgage loan. % (01/9 if not specified) of the mortgage loan. The interest rate(s) and fee(s) provisions in paragraph 6 (A) are satisfied if the mortgage lender(s) gives Buyer the right to guarantee the interest rate(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 lender(s), to contribute futancially, without promise of reimbursement. to the Buyer and/or the mortgage lender(s) to make the above mortgage wrnXs) available to Buyer. (B) Within days (10 if not specified) from the Execution Date of this Agreement, Buyer will make a completed, written mortgage appli- cation 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, otherwise Broker for Seller, Is authorised to communicate with the mortgage lender(s) to assist In the mortgage loan process. (C) Should Buyer furnish false or Incomplete information to Seiler, Broker(s), or the mortgage lender(s) concerning Buyer's legal or financial status, or fail to cooperate In good faith In processing the mortgage lose application. which results in the mortgage lender(s) refusing to approve a mortgage loan commitment, Buyer will be in default of this Agreement. (D) 1. Mortgage commitment dater . If Setlerdoes not receive a copy of Buyer's mortgage commitment{sj tw this date, Buyer and Seller agrees; extend the mo a commWtent date until Seiler terminates this Agreement by written notice to Buyen 2 Upon receiving a mortgage commitment. Buyer will promptly deliver a copy of the commitment to Sellc r. 3. Seller may terminate this Agreemet in writing after the mortgage commitment date. if the mortgage commitment(s): a. Is not valid until the date of settlement. OR b. Is conditioned upon the sale and settlement of any other property, OR c. Does not satisfy all the mortgage tees 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 Iender(s) within 7_ DAYS after the mortgage commitment date In paragraph 6 (D) (1), other than those conditions that err cimomari- ly satisfied at or near settlement. such as obtaining insurance and confirming employment status 4. If this Agreement is terminated pursuant to paragraphs 6 (D) (1) or (3), or the mortgage kran(s) is not obtained for settlement, all dcl(asit monies will be returned to Buyer according to the terms of paragraph 30 and this Agreement will be VOID. Buycr will be res}xmsible for any costs incurred by Buyer for any iftspections or certifications obtained according to the temps of this Agreement, and any costs incurn'd by Buyer for. (1) Title search, title insurance andhx mechanics' lien insurance. or any fee for cancellation; 12) Flood insurance and/or fire insurance with extended . mine subsidence insurance, (>r any fox four cancellation: (3) Appraisal fees and charges paid in advance to monga?,e ktadcv. Buyer Initials: A/S-R Page 2 of 10 Seller Initials: 111 sed.9/05 aw,0 / 7- b) 57 ?5 toe tag 110 set t:a 113 its +lr 117 419 1ta •21 22 tt3 ?3 133 t ss I5 1;5 137 +:a t59 i32 :3 's3 '.5 t?5 '57 +58 s; 13: e. sc5 :69 ?D (E) If the mortgage lender(s), Oran insurer--providing property and-casualty insurance as_required_by the mortgage lcnder(a), rcquim- repairs to the Property, Buyer well, upon receiving the requirements. deliver a copy of the requirements to Seller. Within 5 DAYS of receiving the copy of the requirements, Seller will notify Buyer wttahcr Seller will make the required repairs at Sellcr's expense. I . If Seller makes the required repairs to the satisfaction of the nwil agc lender(s) or insurer, Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreement. 2. If Seller will not make the required repairs, or If Seller fails to respond within the time given, Buyer Hill, within S DAYS, notify Seller of Buyer's choice to: a. Make the required repairs, at Buyer's expense, with permission and access to the Property given by Seller, permission and access may not be unreasonably withheld by Seller. OR h Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of this Agre-cmenL (F) Seller Assist X NOT APPLICABLE ? APPLICABLE. Seller will pay: ? S or % of Purchase Price, maximum, toward Buyer's costs as acceptable to the mortgage lender(s). FHA/VA, IF APPLICABLE (G) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of earnest motley deposits or otherwise unless Buyer has been given, in accordance with HUIXTHA or VA requirements, a written statement by the Federal Housing Commissioner, Veterans Administration, or a Direct Endorsement Lender setting forth the appraised value of the Property of not less than S (the dollar amount to be inserted is the sales price as statod in this Agreement). Buyer will have the privilege and option of proceeding with consummation of the contract without regard to the amount of the appraised valuation. The appraised v aluation 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 Propcm. Buyer should satisfy himsetf'iserself that the price and condition of the Property are acceptable. Warnings Section 1010 of Title 18, U.S.C.. Department of Housing and Urban Development and Federal Housing Administration Transactions. provides, " %?`hoover for the purpose of ... influencing in any way the action of such Department, makes, passes, utters or publishes any statement, knowing the some to be false ... shall b.: fined under this title or imprisoned not more than two years, or both" (H) U.S. Department of Housing sad Urban Development (HUD) NOTICE TO PURCHASERS: Buyer's Acknowledgement ? Buyer has received the HUD Notice "For Your Protection: Get a Home Inspection:' Buyer understands the importance of getting an independent home 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) Certification 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. 7. WAIVER OF CONTINGENCIES (9-05) If this Agreement Is contingent on Buyer's right to inspect and/or repair the Property, or to verify Insurabillty. environmental conditions. boundaries, certillatlons, zoning classification or use, or any other iiiformatian regarding the Property, Buyer's failure to exercise any of Buyer's options within the times set forth In this Agreement Is a WAIVER of that contingency and Buyer accepts the Property and agrees to the RELEASE In paragraph 27 of this Agreement. 8. PROPERTY INSURANCE AVAILABILITY (9-05) 1K WAIVED. This Agreement is NOT contingent upon Buyer obtaining property and casualty insurance for the Property, although Buyer may still obtain property and casualty insurance. ? ELECTED. Contingency Period: DAYS (15 if not specified) from the Execution Date of this agreement. Within the Contingency Period. Buyer will make application for property and casualty insurance for the Property to a responsible insurer. Broker for Buyer, if any, otherwise Broker for Seller, may communicate with the insurer to assist in the insurance process. If Buyer cannot obtain property and casualty insurance for the Property on terms and conditions reasonably acceptable to Buyer, Buyer will, within the Contingency Period: (A) Accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, OR (B) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of this Agreement, OR (C) Enter into a mutually acceptable written agreement with Seller. If Buyer and Seller do not reach a written agreement during the Contingency Period, and Buyer does not terminate this Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement. 9. I\SPECTiONS (945) (A) Seller will provide access to insurers' representatives and, as may be required by this Agreement, to surveyors, municipal officials, and inspec. tors. If Buyer is obtaining mortgage financing. Seller will provide access to the Property to appraisers and others reasonably required by mon• gage lender(s). Buyer may attend any inspections. (B) Buyer may make a pre-settlement walls-through inspection of the Property. Buyer's right to this inspection is not waived by any other provision of this Agreement (C) Seller will have beating and all utilities (including fuel(s)) on for all inspections. (D) All inspectors, including home inspectors, are authorized by Buyer to provide a copy of any inspection report to Brolar for Buyer. (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. Wt ins „t •tt 1 •, .1; +2t •'ri Vn t38 .=2 .36 33 1.2 55 t:a t r- +^3 1G5 Zia +;D 171 Buyer laidair. A/S-R Page 3 or to Seller Initials: 171 Revised 9/05 172 10. INSPECTIONC-ONTING1 NC-Y-OPTIONS (9.05) 17 173 The inspection contingencies elected by Buyer in paragraphs 11-15 are controlled by the Options set forth below. The time periods stated in 173 174 time Options will apply to all inspection contingencies in paragraphs 11-15 unless otherwise stated in this Agreement. 174 175 Option 1. Within the Contingency Period, as stated In paragraphs 11-15, Buyer will 17s 176 1. Accept the Property with the information stated in the report(s) and agree to the RELEASE in paragraph 27 of this Agreement, OR 176 177 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 77 Ira monies returned to Buyer according to the terns of paragraph 30 of this Agreement, OR .78 - .19 3. Enter into a mutually acceptable written agreement with Seller providing for any repairs or improvements to the Property and/or any 179 18o credit to Buyer at settlement, as acceptable to the mortgage lender(s), if any. lea 181 if Buyer and Seller do not reach a written agreement during the specified Contingency Period, and Bayer does not terminate this tat 132 Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE In paragraph .E2 183 27 of this Agreement. 183 184 Option 2. Within the Contingency Period, as stated in paragraphs 11-15, Buyer will: fat i15 1. Accept the Property with the information stated in the report(s) and agree to the RELEASE in paragraph 27 of this Agreement. OR •85 .36 2. If Buyer is not satisfied with the information stated in the report(s), present the report(s) to Seller with a Written Corrective Proposal -E5 T ("Proposar) listing corrections and/or credits desired by Bayer. The Proposal may, but is not required to, include the name of a prop- 1e7 :86 erly licensed or qualified professional to perform the corrections requested in the Proposal, provisions for payment, including retests, and .ss f69 a projected date for completion of the corrections. Buyer agrees that Seller will not be held liable for corrections that do not comply with 1e9 190 mortgage lender or governmcatat requirements if performed in a workmanlike manner according to the terms of Buyer's Proposal, or by •93 191 a contractor selected by Buyer. '91 192 a. Within days (7 if not specified) of receiving Buyer's Proposal, Seller will inform Buyer in writing of Seller's choice to: 192 193 (1) Satisfy the terms of Buyer's Proposal, OR 193 1sa (2) Credit Buyer at settlement for the costs to satisfy the terms; of Buyer's Proposal, as acceptable to the mortgage lender(s), if any, OR 19: .»; (3) Not satisfy the tarns of Buyer's Proposal and not credit Buyer at settlement for the costs to satisfy the terms of Buyers Proposal. .5s 196 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 I% 147 and agrees to the RELEASE in paragraph 27 of this Agreement. 157 198 c. If Sella chooses not to satisfy the term of Buyer's Proposal and not to credit Buyer at settlement as specified above, or if Seller fails 19e 199 to choose any option within the time given, Buyer will, widmin ____ days (5 if not specified): 1s-: 290 (1) Accept the Property with the information stated in the report(s) and agree to the RELEASE in paragraph 27 of this Agreement. OR 203 201 (2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of para- 2,11 202 graph 30 of this Agreement, OR 202 203 (3) Enter into a mutually acceptable written agreement with Seller providing for any repairs or improvements to the Property and/or 203 M. any credit to Buyer at settlement, as acceptable to the mortgage lender(s), if any. 219 205 If Buyer and Seller do not reach a %Titten agreement during the time specified in Option 2, 2. c., and Buyer does not ter- 205 M minate this Agreement by written notice to Seller witbiu that time, Buyer will accept the Property and agree to the 20s 207 RELEASE in paragraph 27 of tkk Agreement. 207 w^8 11. PROPERTY INSPECTION CONTINGENCY (9-0S) (See Property and Environmental Inspection Notices) 2,5 209 Buyer understands that property inspections, certifications and/or investigations can be performed by professional contractors, home inspectors, ni 210 engineers, architects and other properly licensed or otherwise qualified professionals, and may include, but are not limited to: structural compo- 2i0 211 nenw. roof; exterior windows and exterior doors; exterior siding, fascia, gutters and downspouts; swimming pools, hot tubs and spas; appliances; 211 212 electrical, plumbing, heating and cooling systems; water penetration; environmental h=rds (e.g., mold, fungi, indoor air quality, asbestos, under- 212 213 ground storage tanks, etc.); electromagnetic fields: wetlands inspection; Flood plain verification; property boundary/square footage verification; 213 214 and any other items Buyer may select. Buyer is advised to investigate casements, deed and use restrictions (including any historic presm2tion 214 215 restrictions or ordinances) that apply to the Property and to review local zoning ordinances. Other prm•isions of this Agreement may provide for 215 216 y inspections, certifications and/or investigations that are not waived or altered by Buyer's election here. 21; 2n T;Y WAIVED. Buyer has the option to conduct property inspections, certifications and/or investigations. Buyer WAIVES THIS OPTION and r.7 216 agrees to the RELEASE in paragraph 27 of this Agreement. 21 B V 4 ? ELECTED. Contingency Period: days (15 if not specified) from the Execution Date of this Agreement. 219 226 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 ;:1 222 Inspection Law (see Information Rcgarling the Home Inspection LawL the home inspection must be performed by a full member in good stand. 2^7 223 ing of a national home inspection association or a person supervised by a full member of a national home inspection association, in accordance 3 224 with the ethical standards and code of conduct or practice of that association, or by a properly licensed or registered professional engineer, or a . 224 225 properly licensed or registered architect This contingency does not apply to the following existing conditions and or items: 225 227 _20 (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. z.! 229 lowing Options as listed in paragraph 10 within the Contingency Perm: 229 230 Froption 1 "Q 231 13 Option 2 For the purposes of Paragraph I1 only, Buyer agrees to accept the Property with the results of any report(s) and agrees to 221 232 the RELEASE in paragraph 27 of this Agreement if the total cost to correct the conditions stated in the report(s) is less than 2s3 S (SO if not specified) (the "Deductible Amount"). Otherwise, all provisions of paragraph 10. Option 2, shall 233 734 apply, except that Seller will be deemed to have satisfied the tents of Buyer's Proposal if Seller agrees to perform corrections 235 or offer credits such that the cumulative cost of any uncorrected or uncredited condition(s) is equal to the Deductible Amount. 235 23s Buyer initials: ,VS-R Page 4 of t0 Seller Initials; 2,; Revised 9/O? C EJG 4 i $iT - 237 - 12. WOOD EGWSTATION INSPECTION CONTINGENCY (9-05) Buyer has the option to have the Property inspected for wood infestation by an inspector certified as a wood-destroying pests pesti- O WAIVED 237 218 233 . BUYER WAIVES THIS OPTION and agrees to the RELEASE in paragraph 27 of this Agreement licator cide a .39 239 NO . pp ELECTED. Contingency Period days (15 if not specified) from the Execution Date of this Agreement. " ?ter 241 (A) Within the Contingency Period, Buyer, at Buyers expense, may obtain a written "Wood-Destroying Insect Infestation Inspection Relvii 2:t from an inspector certified as a wood-destroying pests pesticide applicator and will deliver it and all supportu7g documents and drawings pro- 2,,2 7 42 vided by the inspector to Seller. She report is to be made satisfactory to and in compliance with applicable laws, mortgage lender requirements, i:: . i;; and/or Federal insuring andCuaranteeing Agency requirements, if any. The inspection is to be limited to all readily visible and accessible areas 2:: 2:s of all stsucnues ern the Property except fences and the following structures, which will not be inspected: I- 45 2:6 :47 (B) If the inspection reveals active infestation(s). Buyer, at Bayer's expense, may within the Contingency Period, obtain a Proposal from a wood- i17 243 249 destroying pests pesticide applicator to treat the Property. (C) If the inspection reveals damage from active or previous infestation(s), Buyer, at Buycr's expense, may within the Contingency Period, obtain 24 '-9 150 a written report from a professional contractor, home inspector or structural engineer that is limited to structural damage to the Property caused :a :51 by Avoddownying organisms and a Proposal to repair and/or treat the Property. condition of the Property as stated in the written inspection report(s), Buyer will proceed under one of the fol- i h th i d fi 25 ; 2- 42 w e t e s (D) If Buyer is not sat ass owing Options as listed in paragraph 10 within the Contingency Period: 25= 254 gyp. Option 1 257 256 26 D Option 2 26s 13. STATUS OF RADON (9-05) (see Information Regarding Radon) 256 157 (A) Seller has no knowledge concerning the presence or absence of radon unless checked below: ?67 258 ? 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 25a 259 results of all tests indicated below: 2E9 DATE TYPE OF TEST RESULTS (picoCuries/liter or working levels). 260 267. 261 262 262 263 ? 2. Seller has knowledge that the Property underwent radon reduction measures on the date(s) and by the method(s) indicated below: .163 26i DATE RADON REDUCTION METHOD 2u 295 265 266 267 COPIES OF ALL AVAILABLE TEST REPORTS will be delivered to Buyer with this Agreement. SELLER DOES NOT WARRANT 266 267 266 EITHER THE METHODS OR RESULTS OF THE TESTS. 265 269 (B) RADON INSPECTION CONTINGENCY 269 270 , WAIVED. Buyer has the option to have the Property inspected for radon by a certified inspector. BUYER WAIVES THIS OPTION and 270 27r agrees to the RELEASE in paragraph 27 of this Agreement. 271 272 ? ELECTED. Contingency Period: days (15 if not specified) from the Execution Date of this Agreement. 272 273 Within-the Contingency Period, Buyer, at Buyer's expense, may obtain a radon test of the Property from a certified inspector. If Seller 271 274 performs any radon remediation, Seller will provide Buyer a certification that the re mediation was performed by a properly licensed and 274 275 certified radon mitigation company. 275 276 1. If the written test report reveals the presence of radon below 0.02 working levels or 4 picoCuries4iter (4 pCi/L), Buyer accepts the 276 277 Property and agrees to the RELEASE in paragraph 27 of this Agreement. 277 276 2. If the written test report reveals the presence of radon at or exceeding 0.02 working levels or 4 picoCuries/liter (4 pCi/L), Buyer will 276 279 proceed under one of the following Options as listed in paragraph 10 within the Contingency Period: 275 :.80 ? Option 1 260 281 D Option 2 261 262 14. STATUS OF RATER (9-05) 252 263 (A) Seiler represents that the Property is served by: 263 264 (1 Public Water ?64 295 ? On-site water 35 266 ? Community Water 266 237 ? None X51 296 ? 266 239 (B) WATER SERVICE INSPECTION CONTINGE.CY 239 200 ? WAIVED. Buyer has the option to have an inspection of the quality and or quantity of the water system for the Property. BUYER WAIVES 20.0 251 THIS OPTION and agrees to the RELEASE in paragraph 27 of this Agreement. .1 292 D ELECTED. Contingency Period: - days (15 if not specified) from the Execution Date of this Agreement. :q2 293 1. Within the Contingency Period, Buyer, at Buyers expense, may obtain an inspection of the quality arid'or quantity of the water sys- :i3 294 tern from a properly licensed or otherwise qualified water/well testing company. 294 295 2. If requited by the inspection company, Seiler, at Seller's expense, will locate and pro%ide access to the on-site (or individual) water 295 290 system. Seller also agrees to restore the Property, at Seller's expense, prior to settlement. 295 297 3. If Buyer is not satisfied with the condition of the water system as stated in the wrinen inspection report(s), Buyer will proceed under .7 29e one of the following Options as listed in paragraph 10 within the Contingency Period: : ac ?99 O Option 1 303 ? Option 2 307 Buyer Initials: A/S-R Page 5 of 10 Seller Initials: C Revised 9105 302 3o2 I5. STATUS OF SEWER (9-05) 303 307 (A) Seller represents that the Property is served by: 3" Public Saver 305 Individual On-lot Sewage Disposal System (see Sewage Notice 1) :75 ? bd%idual On-lot Sewage Disposal System in Proximity to Well (see Sewage Notice 1; see Sewage Notice 4, if applicable) 3116 sir ? Community Sewage Disposal System 307 x ? Tai-Acre Permit Exemption (see Sewage Notice 2) 309 9 ? Holding Tank (see Sewage Notice 3) 309 3t0 3to 13 None (see Sewage Notice 1) 371 ? None Availablel'Pemtit Limitations in Effect (see Sewage Notice 5) 311 312 13 - 312 313 (B) INDIVIDUAL ON-LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY 313 21: ? WAIVED. Buyer has the option to have an inspection of the individual on-lot sewage disposal system for the Property. BUYER :14 315 WAIVES THIS OP71ON and agrees to the RELEASE in paragraph 27 of this Agreement. is 3:5 D ELECTED. Contingency Period: days (15 if rot specified) from the Execution Date of this Agreement. ' 6 J!7 1. v1'ithin the Contingency Period, Bayer, at Buyer's expense, may obtain an inspection of the individual on-lot sewage disposal Sys- :07 31s rem from a qualified. professional inspector. :ts 2. If and as required by the inspection company. Seller, at Seller's expense, will locate, provide access to and empty the individual on- 5 s9 32u lot sewage disposal system. Seller will also restore the Property; at Selkes expense. prior to settlement. :2:• ,21 ?. If the inspection report reveals defects that do not require expansion or replacement of the existing individual on-lot sewage disposal 21 3'2 system, Buyer will proceed under one of the following Options as listed in paragraph 10 within the Contingency Period: 323 ? Option 1 23 3^. ? Option 2 3:4 : 4. If the inspection report meals the need to expand or replace the existing individual on-lot sewage disposal system, Seller may. a6 within 25 DAYS of receiving the inspection report, submit a Written Corrective Proposal ("Proposal'-) to Buyer. The Proposal 1:s will include, but not be limited to, the tame of the comparry to perform the expansion or replacement; provisions for payment, includ- 3:7 328 ing retests; and a projected completion date for corrective measures. AYthin 5 DAYS of receiving Seller's Proposal, or if no -33 3r Proposal is provided within the time given, Buyer will notify Seller in writing of Buyer's choice to: 330 a. Agree w the terms of the Proposal, if any, whereupon Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of 37• this Agreement. OR 332 b. Terminate this Agreement by w-rinen notice to Seller, with all deposit monies returned to Buyer according to the terms of para- :32 graph 30 of this Agreement. ;33 :r c. Accept the Property and the existing system and agree to the RELEASE in paragraph 27 of this Agreement, and, if retpuircd by :34 any mortgage lender and/r any governmental authority, correct the defects before sentiment or within the time required by the i3- mortgage lender and/or governmental authority; at Buyer's sole expense, and with permission and access to the Property given by Seller. Permission and access may not be unreasonably withheld by Seller. If Seller denies Buyer permission and/r access to cor- recd the defects, Buyer may, within 5 DAYS of Seller's denial, terminate this Agreement by written notice to Seller, with all 3:a deposit in-miss returned to Eimer according to the terms of paragraph 30 of this Agreement. 23: 3.9 16. HOME WARRANTIES (9-05) 34: At or before settlement, either party may have the apponunity to purchase a home warranty for the Property from a third-party vendor. Buyci and :--l 3:2 Seller understand that a home warranty for the Property does not alter any disclosure requirements of Seller, will not cover or warrant any pre- ^<! 54: existing defects of the Property, and will not alter, waive or extend any provisions of this Agreement Tegarding inspections t r certifications that '13 Buyer has elc:tcd or waived as pan of this Agreement. Buyer and Seller understand that the licensee, broker or mortgage lender who orders the 3:4 3-s home warranty may possibly receive a fee paid by the (tome warranty company. 17. ZONING CLASSIFICATION' & VERIFICATION OF USE CONTINGENCY (9-05) >a s.. (A) Failure of this Agreement to contain the zoning classification (except in cases where the property land each parcel thereof, if subtlividablel is 3.E zoned solely or primarily to permit singe-family dw•cIlings) will render this .Agreement toidable at Buyer'. option. and. if voided, any deposits :• 3.4 tendered by the Buyer will be returned to the Buyer without any requirement for court action. , . Zoning Classification: s5i (B) Contingency Period: days (7 if not cpreified) from the Execution Date of this Agmerntnt. R7thin the Coniugency Period, Buyer. at Buyer's rxpenaC. may vcrih• that the present use 1 1 ' . .. of the Proper is pcnnitted. In the event the preseld use is trot pcrmitl•-r.L Bayer will, within the Contingency Period, give Sctler a•cr,en notice that the present use of the Property is not p e mined and that Buyer will., 1. Accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, OR -. Terminate this Afire ment by wt;ttcn notice to Seller, with all deposit monies remmed to Buyer acec::cling to the terms of parag aeli 30 of this Apmmentent. If Buyer fails to respond within the Contingency Period or dooes not terminate this Agreement by written notice to.Sellsr within that time. Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement. Ill. NOTICES, ASSESSNIENTS fi CERTIFICATES OF OCCUPANCY (9-05) s? (A) Seiler represents. as of the date Seller signed this Agreement, that no public impmvt•mcnt, condL"iniam or homanvner assctciutian assc.,ntan s . , . have been nude against the Property which remain unpaid. and that no notice by any government or public authority has hcen :en•ed aeon Seller or anyone on Seller's behalf, including notices relating to violations of zoning, housing, building, safety or fir. ordinances that rennin unmr- reeled. and that Seller knows of no condition that would constitute a violation of any such ordinances that remain unanre,,ird. unicss othmm i.c specified here: ss+. (B) Seller knows of no other potential notices (incuding violation) and or assessments except as lotto:: s: UAL Buyer Initials: A.'S-(t Page 6 of In Seller Initials: Revised 9/05. ?Ff i air . SE9 370 571 373 37t 37; 376 37; 379 3.7 381 je4 Safi U 3A9 5W, 391 52 07 jS4 s97 !et 399 4?y1 a0z 403 :^t 4:.5 :Cs :1+ :;3 .10 41s 376 :77 47a 12? +`O '28 4n 431 ::2 433 :3: 435 (C) In the event any notices (including violations) and/or assdssn*ri s are received after Seller has signed this Agreement and before settlem04 369- Seller will provide a copy of the notices and/or assessments to Buyer and will notify Buyer in writing within S DAYS of receiving the 370 notices and/or assessments that Seller will: 371 1. Fully comply with the notices and'o r assessments at Seller's expense before settlement. If Seller fully complies with the notices and/or 372 assessments, Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreement. OR 373 2. Not comply with the notices and/or assessments. If Seller chooses not to comply with the notices and/or assessments, or fails within the 374 time given to notify Buyer whether Seller will comply, Buyer will notify Seller in writing within _ 5 DAYS that Buyer will: 5.5 a. Comply with the notices and/or assessments at Buyer's expense, accept the Property, and agree to the RELEASE in paragraph 27 of 376 this Agreement, OR 377 b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph va 30 of this Agreement. 379 If Buyer fails to respond within the time sorted in paragraph 18 (C) (2) or fails to terminate tbb Agreement by written notice to no Seiler within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this AgreemenL 3f (D) If required by law, within 30 DAYS from the Execution Date of this Agreement, but in no case later than 15 days prior to settlemcat, Seller n2 will order at Seller's expense a certification from the appropriate municipal deparuncrmt(s) disclosing notice of any uncorrected Violations of zon- 33 ing, housing, building, safety or fire ordinances amPor a certificate permitting occupancy of the Property. If Buyer receives a notice of any ;s= required mpaim improvements, Buyer will promptly deliver a copy of the notice to Seiler. 50 1. 1Yithin 5 DAYS of receiving notice from the municipality that repairstimprovements are required, Seller will notify Buyer in writ- :.56 ing that Seller will: 'e7 a. Make the required repairstimprovernenu to the satisfaction of the municipality. If Seller makes the required repairs/improvcments, ;,ec Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreement. OR b. Not make the required repairsimprw•ements. If Seller chooses not to make the required n-pairs'improvcmcnts. Buyer will notify ?cr Seiler in writing within 5 DAYS that Buyer will: (1) Make the repaimimprotements at Buyers expense, with permission and access to the Property given by Seller, which will not :;. be unreasonably whthheid, OR (2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the tenor of para- ;Y: graph 30 of this Agreement If Buyer rails to respond within the time stated in paragraph 18 (D) (1) (b) or fails to terminate this Agreement by written notice. 55 to Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, and Buyer accepts the responsibility to perform the repalrs/Improtements according to the terms of the notice provided by the municipality. ;?5 2. If Seller denies Buyer permission to make the required repaitstimprovements, or does not provide Buyer access before settlement to make the required rep3irs`improvemcnis. Buyer may, within 5 DAYS, terminate this Agreement by written notice to Seller, with all deposit 3r- monies returned to Buyer according to the terms of paragraph 30 of this AgreemenL :st 3. If rt:pairs/improvanenLs are required and Seller fails to provide a copy of the notice to Buyer as required in paragraph 18 (D), Scler will perform all repairstimprovements as required by the notice at Seller's expense. Paragraph I8 (D) (3) will survive settlemeaL (E) Access to a public road may require issuance of a highway occupancy permit from the Department of Transportation. ::•+ 19. TITLE, SURVEYS & COSTS (9-05) (A) The Property will be conveyed with good and marketable title as is insurable by a reputable title insurance company at the regular rates, free and ;P6 clear of all liens, encumbrances, and casements; EXCEPTING HOWEVER the following: existing decd restrictions; historic prcscn-rtion restrictions or ordinances; building restrictions; ordinances; casements of roads; easements visible upon the ground; casements of record: and privileges or rights of public service companies, if any. =?? (B) Buyer will pay for the following: (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation: ::. (2) Flood isurance, fire insurance with extended coverage. mine subsidence insurance, or any fee for cancellation: (3) Appraisal fees and : t charges paid in advance to mortgage lender(s); (4) Buyer's customary settlement costs and accruals. (C) Any survey or surveys required by the title insurance company or the abstracting attorney for preparing an adequate legal description of the Property (or the correction thereof) will be obtained and paid for by Seller. Any survey or surveys desired by Buyer or required by the mortgage lender will be obtained and paid for by Buyer. (D) If Seller is unable to give a good and marketable title and such is is insurable by a reputable title insurance company at the regular rates, as specified in paragraph 19 (A), Buyer will: 7 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 Agreement. OR 2. Termini, this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the tcums of paragraph 30 of this AgreemenL Upon termination, Seller will reimburse Buyer for any cost, incurred by Buyer for any inspections or certifications obtained according to the terns of this Agreement. and for those items specified in paragraph 19 (B) items (1). (2).(3) and in paragraph 19 (C'). (L-) The Property is not a "recreational cabin" as defined in the Pennsylvania Construction Code Act unless otherwise stated here (see Information Regarding Recreational Cabins): 20. NDO.MINIUM/PLANNED COMMUNITY (HO' MEONVNER ASSOCIATION) RESALE \OTiCE (9-05) NOT APPLICABLE ? APPLICABLE: CONMOMINiUM. The Property is a unit of a condominium that is primarily run by a unit owners' association. §3407 of the Uniform Condominium Act of Pennsylvania (see Information Regarding Condominiums and Planned Communiiies) requires Seller to furnish Buyer with a Certificate of Resale and copies of the condominium declaration (other than plats and plans), the 1-01aw•s and the rules and rcgula• tions of the association. jo ? APPLICABLE: PLANNED C04MNIUN iTY (HOMEOWNER ASSOCIATION). The Property is pan of a planned community as defined by ?7 the Uniform Planned Community Act (see Information Regarding Condominiums and Planned Communities). §5407(a) of the Act requires 45; 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 a Certificate containing the provisions set forth in §5407(a) of the Act. -3: Buyer Initials: A/S-R Page 7 of 10 Scaler Initials, Revised 9/05 UVJ4 7- Q? 436 THE FOLLOWING APPLIES TO PROPERTIES THAT ARE PART OF A CONDOMINIUM OR A PLANNED COMMUNITY. 436 ;17 (A) VVliliin 15 DAYS from the Fxecution Dat?ofithis Agreement; Seller, at-Seller's expense; will rcqucst from the association a Certificate of 437 Resale and any other documents necessary to enable Seller to comply with the relevant Act The Act provides that the association is required to 438 ;33 419 provide these documents within 10 days of Seller's request. 439 440 (B) Seller will promptly deliver to Buyer all documents received from the association. Under the Act, Seller is not liable to Buyer for the failure of 440 the association to provide the Certificate in a timely mariner, nor is Seller liable to Buyer for any incorrect information provided by the associ- 4:1 4x2 ation in the Certificate. 442 44 :13 (C) The Act provides that Buyer may declare this Agreement VOID at any time before Buyer receives the association documents and for 5 days allcr 3 444 receipt, OR until settlement, whichever occurs first Buyer's notice to Seller must be in writing: upon Buyer declaring this Agreement void, all :44 :;5 deposit monies will be returned to Buyer according to the terms of paragraph 30 of this Agreement. •W6 4.6 (D) If the association has the right to buy the Property (right of first refusal), and the association exercises that right, Seiler will reimburse Buyer for ::6 7 any costs incurred by Buyer for any inspections or certifications obtained according to the terms of the Agreement. and any costs incurred by Buyer s47 4:8 for. (1) Title search, title insurance and/ormechanics' lien insurance, or any fee for cancellation; (2) Flood insurance andlor fire insurance with .48 :.? ::9 extended coverage, mine subsidence insurance, or any fee for cancellation: (3) Appraisal Pecs and charges paid in advance to mortgage lend s). ?st 21. MAINTENANCE & RISK OF LOSS (9-05) 4'a :s1 (A) Seller will maintain the Property, grounds, fixtures and personal property specifically listed in this Agreement in its present condition, normal :61 :32 wear and tear excepted. 452 (B) If any system or appliance included in the sale of the Property fails before settlement, Seller will: 453 34 I. Repair or replace the failed system or appliance before settlement. OR 454 :55 .2. Provide prompt written notice to Buyer of Seller's decision to: ?:5 455 a. Credit Buyer at settlement for the fair market value of the failed system or appliance, as acceptable to the mortgage lender(s), if airy. OR 1;5 :s7 b. Not repair or replace the failed system or appliance, and not credit Buyer at settlement for the fair market value of the failed system :=7 459 ;Sy or appliance 459 3. If Sellerdoes not repair or replace the failed system or appliance or agree to credit Buyer for its fair market value, or if Seller fails to noti- :0 fy Buyer of Seller's choice, Buyer will notify Seller in writing within _ 5 DAYS or before settlement, whichever is earlier, that Buyer 460 461 will: :;.1 :62 a. Accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, OR :52 463 b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 463 :h 30 of this Agreement ass (C) Seller burs the risk of loss from fire or other casualties until settlement if any property included in this sale is destroyed and not replaced, Buyer will: 4i5 -55 1. Accept the Property in its then current condition together with the proceeds of any insurance recovery obtainable by Seller, OR 466 457 2. Terminate this Agreement by written notice to Seiler, with all deposit monies returned to Buyer according to the terms of paragraph 30 of 467 :58 this Agreement -C3 469 22. COAL NOTICE (Where Applicable) 469 470 THIS DocummsT %my Nor SELL, CO%%T , TRANSFER, MCLUDE OR MIME THE TITLE TO THE COAL AND RIGHTS OF SUPPORT I DER\EATH 7t{E SLWACE LAND -70 471 DESCRIBED OR REFERRED TO IIEREIN. AND THE OWNER OR OWNERS OF SUCH COAL MAY NAVE THE C'OMPtZM LEGAL RIGHT To REMOVE ALL SUCH COAL AND 471 472 IN THAT CONNECTION, DAMAGE MAY REStXT TO THE SURFACE OF THE LAND AND ANY MOUSE. MALDING OR OTHER STRUCTURE ON OR IN SUCH LAND. (This V = 473 notice is set forth in the manner provided in Section I of the Act of July 17, 1957, P.L. 984.) "Buyer acknowledges that he may not be obtaining the 73 474 right of protection against subsidence resulting from coal mining operations, and that the property described b=i.n may be protected from damage :7: -75 due to mine subsidence by a private contract with the owners of the economic interests in the coal. This acknowledgement is made for the purpose 476 476 of complying With the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27,1966:' Buyer agrees .7i 477 to sign the deed from Seller which dead will contain the aforesaid provision. 417 478 23. POSSESSION (9-05) :76 479 (A) Possession is to be delivered by deed, keys and: Z's 430 1. Physical possession to vacant Property free of debris, with all structures broom-clean, at day and time of settlement, AND/OR :eo -51 2. Assignment of any existing lease(s), together with any security deposits and interest, at day and time of settlement, if Property is leased at :;i sae the execution of this Agreement, unless odienvise stated in this Agreement :-2 4.13 (B) Buyer will acknowledge existing lease(s) by initialing the lease(s) at the execution of this Agreement, unless otherwise specified herein. .3 464 (C) Seller will not enter into any new leases, extensions of existing leases or additional leases for the Property: without the written consent of Buyer. -s: 4n 24. RECORDING (9-05) This Agreement will not be recorded in the office of the Recorder of Deeds or in any other office or place of public record. :15 :56 If Buyer causes or permits this Agreement to be recorded. Seller may elect to treat such act as a breach of this Agreement. :55 W 2S. ASSIGNMENT (9-05) This Agreement is binding upon the parties, their heirs, personal representatives, guardians and successors. and to the extent X ;16 assignable, on the assigns of the parties hereto. Buyer will not transfer or assign this Agreement without the written consent of Seller unless other. Q? wise stated in this Agreement :- 4C-3 26. GOVERNING LAW, VENUE & PERSONAL JURISDICTION (9-05) :91 (A) The validity and construction of this Agreement, and the rights and duties of the parties, uill be governed in accordance with the laws of the :92 Commonwealth of Pennsylvania. -93 (B) The parties agree that any dispute, controversy: or claim arising under or in connection with this Agreement or its performance by either party -94 sball be decided exclusively by and in the state or federal courts sitting in the Commonwealth of Pennsyh•ania. 45t 27. RELEASE (9-05) 4-45 Buyer releases, quit claims and fomer discharges SELLER, ALL BROKERS, their LICE\SEES, EMPLOYEES and any OFFICER or - :97 PARTNER of any one of them and any other PERSON, FIRAt,or CORPORATION who may be liable by or through them, from any and = :fo all claims, losses or demands, iacludin& but not limited to, personal injury and property damage and all of the consequences thereof whether :s3 known or not, which may arise from the presence of termites or other wood-boring insects, radon, lead-based paint hazards, mold, fungi or indoor air quality, environmental hazards, any defects In the indhidual on-lot sewage disposal system or deficiencies in the on-site water sere- SjD 501 ice system, or any defects or conditions on the Property. Should Seller be in default under the terms of this Agreement, or In violation of an% =.2 seller disclosure law or regulation, this release does not deprive Buyer of any right to pursue any remedies that may be available under la se: or equity. This re -III survive settlement. Buyer Initials: A/S-R Page 8 of 10 Seller Initials: E, Revised 9111 WS 28. REPRESENTATIONS (9-05) ' yes (A) All representations, claims, adacrtising, promon"onal activincs, bochiues or plans of any kind made by Seller, Brokers, their licensees; employ- 396 507 ccs, officers or partners arc not a part of this Agreement unless expressly incorporated or stated in this Agreement. This Agreement contains the 597 Sea whole agreement between Seller and Buyer, and there are no other terms, obligations, covenants, representations, statements or conditions, oral re. 509 or otherwise, of any kind whatsoever concerning this sale. This Agreement will not be altered, amended changed or modified except in writing sc9 510 executed by the parties. .10 Sit (B) Unless otherwise stated in this Agreement, Buyer has inspected the Property (including fixtures and any personal property' specifically s,i 512 listed herein) before signing this Agreement or has waived the right to do so, and agrees to purchase the Property IN ITS PRESENT :12 513 CONDITION. Buyer acknowledges that Brokers, their licensees, employees, officers or partners have not made an independent exam- 5.3 514 [nation or determination of the structural soundness of the Property, the age or condition of the components, environmental conditions, S!' s,s the permitted uses or of conditions existing in the locale where the Property Is situated; nor have they made a mechanical inspection of --.5 516 any of the systems contained therein. t16 $17 (C) Any repairs required by this Agreement will be completed in a workmanlike manner. 51s (D) Broker(s) have provided or may provide services to assist unrepresented parties in eompl)vmg with this Agreement. 518 s* 29. DEFAULT (9-0) 1 r-.9 520 (A) Seller has the option of retaining all sums paid by Buyer, including the deposit monies, should Buyer: 520 521 1. Fail to make any additional payments as specified in paragraph 3, OR 521 522 2. Fumish false or incomplete information to Seller, Broker(s), or any other party identified in this Agreement concerning Buyer's legal or 522 523 financial status, OR 5D °z= 3. Violate or fail to fulfill and perform any other temts or conditions of this Agreement. 525 (B) Unless otherwise checked in paragraph 29 (C), Seller may elect to retain those sums paid by Buyer including deposit ironies: 525 5116 I. On account of purchase price, OR :25 527 2. As monies to be applied to Seller's damages, OR 527 $28 }: As liquidated damages for such breach. 523 529 (C) ( SELLER IS LiNITCED TO RETAINING SUMS PAID BY BUYER, INCLUDING DEPOSIT 1fONIES, AS LIQUIDAi ED DAMAGES. 5:? 530 (D) If Seller retains all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to paragraph 29 (B) or (C), Buyer and Sclicr r?n 51. are released from further liability or obligation and this Agreement is VOID. 5?m 5a2 30. TERMINATION & RETURN OF DEPOSITS (9-05) 522 E33 (A) Where Buyer terminates this Agreement pursuant to any right granted by this Agreement, all deposit monies paid on account of purchase price K3 534 tail) be returned to Buyer and this Agreement will be VOID. The broker holding the deposit monies may only release the d..-posit mollies, accord- s?4 535 irg to the terms of a fully executed written agreement between Buyer and Seller and as permitted by the R61cs and Regulations of the State Real ; ±5 536 Estate Commission. 550 537 (B) if there is a dispute over entitlement to deposit monies, a broker is not legally permitted to determine if a breach oceurrad or which party is enti- t37 538 tied to deposit monies. A broker holding the deposit monies is required by the Rules and Regulations of the State Real Estate Commission to -n 5:9 retain the monies in escrow until the dispute is resolved. In the event of litigation over deposit monies, a broker will distribute the monies accord- 5:9 r+0 ing to the terms of a final order of court or a written agreement of the parties. Buyer and Seller agree that, i ran) broker or affiliated licensee is o 541 joined in litigation regarding deposit monies, the attorney's' fees and costs of the broker(s) and licensee(s) will be paid by the party joining them. 542 31. REAL ESTATE RECOVERY FUND (9-05) °43 A Real Estate Recovery- Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real estate licensee acs 544 owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been unable to collect the judgment after exhausting all legal ',4 e.5 and equitable remedies. For complete details about the Fund, tali (717) 783-3658 or (800) 822-2113 (within Pennsylvania) and (717) 7834854 (out- 54U side Pennsylvania). 546 547 32. MEDIATION (9-05) ::7 (A) -Unless otherwise checked in paragraph 32 (D). Buyer and Seller will submit all disputes or claims that arise from this Agreement to mediation 543 5s9 in accordance with the Rules and Procedures of the Home Sellersi-lome Buyers Dispute Resolution System. Any agreement reached through 550 mediation and signed by the panics will be binding (see Information Regarding'Nediation). sso 55, (B) Buyer and Seller have received read, and understand the Rules and Procedures of the Horne Sellem'Home Buyers Dispute Resolution System. '-5! $52 (C) An agreement to mediate disputes or claims arising from this Agreement will survive settlement. ;.:2 553 (D) T MEDIATION IS WAIVED. Buyer and Seller understand that they may choose to mediate at a later date should a dispute or claim arise. 554 but that there will be no obligation for any party to do so. 55s 33. RESIDENTLkL LEAD-BASED PALST HAZARD REDUCTION ACT NOTICE (Required for properties built before 1976) (9-05) 555 Lead-Based Paint Hazards Disclosure Requirements: The Residential Lead-Based Paint Hazard Reduction Act requires any ';cllcr of prop- erty built before 1978 to provide the buyer with an EPA-appraved lead hazards information pamphlet titled Pn:recr )'arrr Frunilr from Lend in )irur ssa Nome and to disclose to the buyer and the broker(s) the 1•,no%vn presence of lead-hued paint and'or lead-based paint h= ids in or on the proper- :.. :;9 ty being sold. along with the basis used for determining that the hazards exist, the location of the hazards, and the condition of painted surfaces. Any seller of a pre-1973 structure must also provide the buyer with any records or reports available to the seller regarding lead-based paint and or lead-based paint hazards in or about the property being %oW. the common areas, or other residential dwellings in multi-family housire. Before a buyer is obli -ated ro purchase ary housing construct;d prior to 1978. the Act require, the seller to give time buyer { 0 days t unless huy;rand sell- ' S?.3 er agree in writing to another time period) to conduct a risk assessment ar inspection for the presence of Icad-based paint and or lead-cased print : . hazards. The opportunit} :o conduct a risk ru..ssment or insp mtion may be waived by the buyer, in writing. Neither testing nor ahaterncnt is :. 555 required of the seller. Housing built in 1973 or later is not subject to the Act. 5S= D NOT APPLICABLE. Property was built in 1978 or later. s`s ( APPLICABLE. Property was built before 1978. Broker must attach, the Lead-Based Paint Hazards Disclosure and Inspection 55t Contingency Addendum (PAR Form LPA) or another acceptable form with the information required by the act, and provide Buyer 559 the pamphl a Ibur Family from Lead in )bur Home. Buyer(s) roust Initial below that (hey- have received both documents: 5*; --3? Lead-Based Paint Hazards Disclosure and Inspection Contingency Addendum (attached as part of this Agreement). 57; ??- Protect )i+ur Flmilr firm, Lead in )omr• Hume E7: Buyer initials: .VS-R Page 9 of 10 Seller Initials: :2 Reviled 9105 - - ---- (. ?xHI ?iT ._ _ . $73 S,4 57s 576 S? 579 ss0 set SS2 583 554 585 586 587 363 sn a3;! 531 592 623 5% 646 39b 697 598 34. SPECIAL CLAUSES (1-02) (A) The following-am part-of tbisAgreement if checked: ? Sale & Settlement of Other Property Contingency Addendum (PAR Form SSP) O Sale & Settlement of Other Property Contingency with Right to Continue Marketing Addendum(PAR Form SSP-CM) (B) ? Settlement of Other Property Contingency Addendum (PAR Form SOP) ? Tenant-Occupied Property Addendum (PAR Form TOP) Buyer and Seller acknowledge receipt of a copy of this Agreement at the time of signing. 573 574 575 576 577 575 .7 SRO 531 $82 SV 654 W :.57 588 553 093 591 552 593 594 555 596 597 :58 599 NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT 19A BINDING CONTRACT. Parties to this transaction are advised to consult 535 6w an attorney before signing If they desire legal advice. 600 511 Return by facsimile transmission 0F&X) of this Agreement, and any addenda and amendments, bearing the signatures of all parties, constitutes 601 602 acceptance by the parties. 1;02 503 0 Buyer has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336. L63 64 A Buyer has received a statement of Buyer's estimated dosing costs before signing this Agreement. n. 1 695 Bayer has read and understands the notices and explanatory Information in this Agreement. ecs 6;5 Buyer has received a Seller's Property Disclosure Statement before signing this Agreement, if required by law (cee Information Regarding 695 697 the Real Estate Seller Disclosure Law). :^7 62 )` Buyer has received the Deposit Nfoney Notice (for- cooperative sales when Broker for Seller is holding deposit money) before signing this 5''6 ^C a 09 Agreement. 610 $11 612 613 BUYER DATE _ 614 WITNESS BUYER DATE 614 615 9 Seller has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35336. 615 616 Seller has received a statement of Seller's estimated closing costs before signing this Agreement. 016 617 Seller has read and understands the notices and explanatory information in this Agreement. ^17 616 SELLER'S !HAILING ADDRESS: 61? 519 620 WITNESS SELLER DATE 620 621 WMES5 SELLER DATE 'G?? 62t V WITN•E SELLER DATE ` A/S-R Page 10 of 10 Revised 9/05 SELLER'$ COPY lb ,14) T V X C BUYER'S MAILING ADDRESS: e1o PROPERTY .2 r, SELLER >? . BUYER ... DATE OFAGREEMEN7 1. SELLER'S DISCLOSURE Seller his no kno.8,ded#e concerning ilt4presence of lead-based pint and/or lead-based paint.liazards in or about the Property, unless checked below. 0 Setter has knowledge of the presence of lead based paint and/or lead-based paint hazards in or about the .Property. (Provide the basis fbr detetmininj that lead-based paint and.lor hazards cx.ist, the location(s). the condition of the painted surfaces, and other available infortn:i- non concerning-SellcR sknow ledge of-the presence of lead-based paint andltirlead-ba.wd paint hazards.) SELLER'S RECORDS/REPORTS' Seller has no records or reports pertaining to lead-based paint and/or lead-based paint huards in or about the Property, artless checked below. O Seller has provided Buyer with all available records and reports regarding lead-based paint andldrlcad-based paint hamrds in or about the Property. (List.documents); '3.' BUYER'S ACKNOWLEDGJI9L• NT Buver has received the pamphlet Protect Your ramih-,/inns Leda -eat )'our Howe and has read the Lead Warning Statement on the front of this form. Buyer has reviem,ed Seller's disclosure of known lead scd paintand(or Icad-based paint hazards in paragraph t and has received lire records and T, retarding lead-based paint amVor lead-G d paint`l?artls identified in partgraph_2. 4. LEAD B..ASED PAINT.A.SSESSMEN'T/INSP1 Cl'IOIN' CONTINGI I\'CY Buyer acknowledges that Ix for-; Buyer is oblitzated to buy a residential dwelling b/bcC671S, Buyer has 1 Q DAYS (unless othmviu: m- tiated) to conduce a risk assessment and/or inspection of the Property for the preseed paint and/or lead-basi?d paint hazards. ? WA1V ED. Buyer understands that Buyer has the right to conduct a risk assesspection of the Property to determine the pros- ence of lead-based paint and%or lead-basedpaint War'cis. B1J'1'E and agrees to the terms of the 1111LEASL Para gaph of this greement. © ELECTED. Contike-enq Period: 10 days from the ExccutionPrtte of this Agreement (A) \N5thin the Contingency Period, Buyer, at Buyers expense. trrr+y choose to obtain a risk assessment and/or inspection of the Property for lead=based paint andlor lead-based paint hazards: (B) NMtbin the Contingency, Period, Buyer may deliver to Seller it written list of flee specific hazardous conditions cited it) the report and those corrections requested by Buyer, along wittt a copy of the risk assessment and/or utspecrion report. (C) Seller may, within 7 D YS of receiving the list and report(s), submit a Written Corrective Proposal ("Proposal") to Buyer. The Proposal will include, but not be limited in, the-corrections to be performed. the name of the remediation company and a projected completion date for corrective measures: Seller will provide ccrtiGcation from a risk assessor or inspector drat corrective ntt:asures limebeen satisfactorily completed on orbefore'die projected completion date. (D) If Seller submits a Proposal, Buyer wall within 5 DAYS: L Accept the Proposal and the Property in writing, and agree to the terns of theRELEASE paragraph of this Agreement, OR 2 Terminate this Agreement ;by -written nofice to Seller, w=att all deposit monies returned to Buyer according to the terms of the TER- MINkTION & RETURN OF DEPOSITS paragraph of this Agrecment (E) If Seller tees not submit a Proposal uathin the time set forth to paragraph (C) above, Buyer will, within 5 MYS: L Accept the Property in writing, with the information stated in the report(s) and agree to the terns of the RELEASE par,>Vaph of this Agreement, OR 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer aecord ng to the terms of the TER MTNA"T ION & RETURN OF DEPOSITS pararr;rph of tins Agreement. If Buyer fails to exercise any of Buy'er's options or to terminate this Agreementw•ithin any of the time periods stated in this para- graph, Buyer will accept the Property sod agree to the terms of the REI EASE paraa aph or this Agreement. 5. BROI:ERS'l1.iCENSEES' CERTIFICATIONS Tlae undersigned Licensees am Dived in this transaction. on behalf of theatsch es and their brokers, certify that their statements are true to the best of their lcttuwvtedge and belief. The Licensees involved in Ibis transaction have ittfcntncd Seller of Seller's oblitiations under the Residential Lead-Based Paint-Hazard Reduction Act, 42,1I.S.C. 34552(d), and are aware of thcir SPOn- sibility- to ensure compliance. 6. BUYER/SELLER CERTIFICATION By signing this Addendum, Buyer and Seller cenif} the accuracy of their m-pective statements. to the best of their knowledge. BUYER DATE WITNESS -t V1'ITl\'ESS BU1,'Eli C --'" DA'C`E WITNESS BUYER DATE WfCTNESS SELLER r_;. DATE . r SELLER r = ^`?yc ^DATE VI'll'IIRESS . F`ITN'ESS SELLER DATE BROKER FOR SELLER (Company Name) ACCEPTED BY DATE BROR-ER FOR BU iTR (Con ACCEPTED BY LPA t 2 of 12 [• r RESIDENTIAL LEAD-BASED PAINT HAZARDS DISCLOSURE AND INSPECTION CONTINGENCY L,PA ADDENDUM TO AGREEMENT OF SALE Lead Warning Statement Every purchaser-of any interest in residential Teat property on which a residential dwelling was built prior to 1978 is notified that such property may present expo- sure to lead from lead-based paint that may place young children at risk of devel- oping lead poisoning. Lead poisoning inyoung children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, andimpaired memory. Lead poisoning also Tposes a particu- lar risk to pregnant women. The .seller of any interest in residential real property is required to provide the buyer with any `information on lead based paint hazards from risk assessments or 'nspection' s, in the seller s,.possession and notify the buyer of any, known lead.-based paint hazards. A`nSK assessment or inspection for possi- ble lead-based paint hazards is recommended prior to purchase,. LEAD-BASED FAINT HAZARDS DISCLOSUREAND INSPECTION CONTINGENCY ON REVERSE LPA Page l at 2 ?COPt'1tkGitT PEN1?SXlti'A V7AA5S0(1,1710ti OF REALTOM0 2MK (- - Pennsylvania Association of REALTORS` v"' ?- t SACK GAUGHEN REALTORO ERA® Dave Heffron REALTOR Multi Million Dollar Producer 3915 Market Street Camp Hill, PA 17011 717-7614800 Office 717-60S-2561 ceu 717-7611495 Fax ¦¦¦ dave.heffror*jgr.com www Jgr cotn/dave.heffron ERA ?EXt4 ibiT fl? ^ RECEIPT FOR PAYMENT Cumberland Countyy Prothonotary's Office Receipt Date 12/16/2010 Carlisle, Pa 17013 Receipt Time 8:09:51 Receipt No. 252500 TUSO THOMAS G (VS) FOREMAN LAURA Case Number 2010-07724 Received of PD CASH PLFF MJM Total Non-Cash..... + Total Cash......... + Change ............. - Receipt total...... _ .00 91.75 $91.75 ------------------------ Distribution Of Payment -------- -------------------- Transaction Description Payment Amount APPEAL D.J. 55.00 25 CUMBERLAND BUREAU OF CO 'GENERAL FUND RECEIPTS AND CONTROL TAX ON APPEAL SETTLEMENT . 8.00 CUMBERLAND CO GENERAL FUND AUTOMATION FEE 5.00 50 23 CUMBERLAND BUREAU OF CO AUTOMATION FUND RECEIPTS AND CONTROL JCP FEE . $91.75 ?061T J l e vania nnsy NEw CUMBERLAND. P 170709998 4134870070 -0099 12/17/2010 (800)275-8777 02:42:22 PM Sales eceipt - Product Sale Unit --- Final Description Qty Price Price 2009 Forever 1 $8.80 $8.80 Stomp _PSA Dblc-Sd Bklt 1 $0.44 $0.44 Thanksgiving -Day Parade CAMP HILL PA 17011 $o.a4 Zone-1 First-Class Letter 0.30 oz. Return Ropt (Green Card) $2.30 $2.80 Certified Label 70093410000156067814---- Issue PVI: $5.54 Total: $14.78 Paid by: $20.00 Cash -$5.22 Change Due: Order stamps at USPS.com/shop or call 1-800-St 24. Go to USPS.com/clicknship to print shipping labels with postage. For other information call 1-800-ASK-USPS. xxxxxxxx:xxxxxxxxxxxxx?txxxxxxxxxxxx.xxxxx xxxxxxxxxxxxxxxxxxxxxr<xxxxxxi?xxrcxx*xxxxx Get your mail when and where you want it with a secure Post Office Box. Sign up for a box online at usps.com/poboxes. xxxxxxxxxxxxxxxxxxxxxxxxxxxaxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxx*,?xxxxxxxxxxxxxxxxxxx Bill#: 1000100526713 Clerk: 06 All sales final on stamps and postage RefuThank youufornyour business only Note: Express Mail refund restrictions in effect for mailing dates Dec. 22 - 25 xsxsxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxx xlCxxxxxx7l"L'xxR'xxxxxxxxxx HELP US SERVE YOU BETTER Q CL Go to:.https://postalexper.ience.com/Pos .a CIS TELL US ABOUT YOUR RECENT i POSTAL EXPERIENCE D E CL E YOUR OPINION COUNTS occ = U xxxxxxxsxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx F-? 3 xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx 2 Vf, Z Customer Copy S i ' U.S . Po stal e: e v E RTI FI ED MAIL 1 E i E APT Som esttc Mar` ) Una} ?. NO 1( Ssu r,lr t, t f rc) ' 1L'CJ) ¦ For d ciivc-ry ir,ta rr ;atio r? vait OW wnv? ?.,s us.co rr o P~ 3 •n ?] Corftd C3 (? c? C3 caaass oWdD.uppm??Wy ?Fft ?EAdO(aMlwdDt rwrw\ / =? : ` ?., ca l = ?. Total Postage 3 Fees $ l -le M D, _ To C3 pogmAt& e i FF7 U? /20// 602 R Q V p o T 4. a Env - ?r?Z Check Images Page S `of 1 TRH` 4BANK serving Central Pennsylvania 888.937.0004 Check Images Account: 50 PLUS CHECKING ('7589) Check Number. 2948 Date Posted: 10/13/2010 Amount: $79.75 Zoom In Zoom Out Q Phn 48 nforu?i as ?'`° 2M Tu tttt.L7arw ' lL?Op - lENCUMMMIUtti M TWO ? ?& sw ML CL M1.01 z C;I&r 00K x WE ITR60?6- -,M6 MMV6 6ANK , KWIC.. .c?itfT" - r:03i3.0ia'.tit: 5i 320 a Zia !a , ----=-----------------------------------------, MREYDUR DUPLICATE CHECKS IN MUR CHECK BM WrTrw* your aotpnas - ? Tnx-Dm icTimE rnEm 2948 ? cwft ? food ? Transwuson ? Credit Card ? UM" ? Mortgage ? Enterwrnnent ? Insurance ? Other. ??/ /lalLLkE Bank Ltd, Groat Britain THISrrEM BALANCE 47 _ - /// DEPOSR . OTHER 777Z?/ f 1 U) L Gv?? 4 q j'tv fi or added sspaity. your ram and eccourd rsanber do not appear on this copy. NOT NEGOTUIBLE .. ?i ,• - -`---t--_t_ __ _/LaY_iJ_r/_.' l,-,VT, 1111 M.n1/ia. COMMONWEALTH OF PENNSYLVANIA rni mrrv nF• CUMBERLAND Mag. Dist. No.: 09-1-01 MDJ Name: Hon. CHARLES A. CLEMENT, JR Address: 400 BRIDGE ST OLDS TOWNE COMIrIONS -SUITE 3 NEW CUMBERLAND, PA Telephone: (717 ) 774 - 5989 17070 RICKITTER THOMAS G. TUSO • 714 HILLTOP DRIVE NEW CUMBE1LAND, PA 17070 RECEIPT OF PAYMENT Docket No.: CV- 0000534 -10 Date Filed: 10/08/10 RECEIPT NO: 170084 DATE: 10/08/10 PAGE: 1 SOURCE: PAID AT WINDOW AMOUNT RECEIVED: $ 79.75 METHOD: PAID BY CHECK AMOUNT APPLIED: $ 79.75 CHECK#: 02948 COLLATERAL APPLIED: $ .00 CHANGE: $ .00 MANUAL RECEIPT#: CITATION#: NEXT PAYMENT AMOUNT: COSTS INCLUDED ON: NEXT PAYMENT DATE: NEXT PMT TYPE: PAYMENT DESCRIPTION BALANCE FWD AMT APPLIED CU RRENT BAL JUDICIAL COMPUTER PROJECT 8.00 8.00- .00 ACCESS TO JUSTICE 3.00 3.00- .00 CRIM JUST ENH SURCHARGE 2.25 2.25- .00 JCP SURCHARGE 10.25 10.25- .00 POSTAGE 10.25 10.25- .00 COMMONWEALTH COST- HB627 11.50 11.50- .00 FILING FEES COMM-COST 7.70 7.70- .00 FILING FEES 21-CTY 26.80 26.80- .00 TOTAL 79.75 79.75- .00 CURRENT BALANCE DUE .00 RECVD FROM TUSO, THOMAS G THANK YOU! CD ? f x1f ib ir jlf? DATE PRINTED: 10/08/10 2:05:02 PM SHUMAKER WII LIAMSPC. LEGAL AND BUSINESS COUNSEL Telephone: 717.763.1 121 Facsimile: 717.763.7419 mail@shumakerwilliams.com P.O. BOX 88, HARRISBURG, PA 17108 SHUMAKER WILLIAMSM. LEGAL AND BUSINESS COUNSEL EVAN C. PAPPAS Telephone: 717.763.1 121 Facsimile: 717.763.7467 Direct Dial: 717.909.1655 pappas@shumakerwilliams.com P.O. BOX 88, HARRISBURG, PA 17108 CFIX ' ?f ? • z :D cr LU2 y w ~a a Z w ¢O LL a CL a w co z = 7 U, U. O w ? ? ? o 0 2 W W t: 5 W ¢ z w m N ? U ! LJ y Q r J a ? {v Zp Z.i H x = Q C? Cc 4Ua U L) U w ? ? 00 ?p U m mac zz rq W s d r I I I 1= I ¢ wl wz !'^ >I 7??aQ^yQq }? F1 "l J O 2¢ IL Y. M 3z 03 *' w` ? w = ?w y O w °z ¢ ? wm z h Om L) 2 - a a ? co z wl Wa S2 22 U Qz a U I a W N rJ ' Q - ? W W Q Q LL, U- 1: = U LU (r W F U Z Q a I LL Wp W lZ I w WU Q ???? 7> J uwi a ¢ > 2 W ` ? F U C E I ~ Z W O Z LL, O W Z O LL FZ L) m0U)wF U T Z w o ?ooao U) N w W W DU Q 0 r •, '. p LLJ Z O o O ? Q a J , Cl) Q Z Y W i CD ?Z Z Q O F- Z X F U Z Q J Z j a w O O LL'' v wcn U W r> ?=. ?n O s H ,.- W Q O ". Q O y2 - ???90 Zi f ¢ J O Q ° L" z 4 O a N 0 sat Q ?_ ? w O U r? o a r ¢ `L O 1 Sz; 1 0 ¢ O 1 U w o o 4 , y C z 'o w U FE 0 z I ?o a U N w p =) OR 'o UW IQ O a 0 0 0? y ? Q { L } rrl ? i r:o TY y ? LLJ x s C F - .L.. m 0 2 • U ?ro W J 43 mF. ' I_ ? m w ?ICZ C? z O mo me ¢ = U w m } -m Z ~ CL C) LU Lea m0 I J ? LL, jJ (,DU C=? C V . O o° (z on > w ¢ Ny C6 LCw a ._ Z U a •a y io CL ioy -Nx z 0 m O a = E i?m a ('46 UoU a - J z Q C m~ U m . m yd esuj 6 ? U- m? E ? N E O ZZ p0(n OLd ¢ a) ~ ~ Z O Z= OY o > > 0 UOW U H < I ¢Z o 0 c_ a 19mm o o I C7 C7 Fa- 5g- :cc c y It a Z m O ? po E N a Q¢¢ ; 7 ? m? o?0 o C Quo a I CL 5 g? -00 W Zz¢ O .2 pa ?a? tE n LL - ? l w W 0 00 w 0 U W cc ¢ 0 m U 3 m d y 3 z ` 0 Z Z fn w z Cl) W W 4\ U U W a a a ??\ w a w m H a w F- a 1 l U w _ . 1 _ ¢ w . J U z a x a cn rn I C I cn U U w = S d w z H ¢ m z _ H a ( n m N w - w C) w a Q a O ¢ a 3 ¢ O ? b " mot., m o Y. 0 0 f a z 0 w 0 r ~ w co m ai ?~ J z y y (o En o O z wZ? > F w Q p W z p w C, W' ? w (1) z c7 w y U U ~ z w a x Z w - x x w (n u. cn z f a . Z a a w ? a a Z a (n y V y v m w z z W w¢ 2 Q 2 ¢ ¢ J? w m p U Y a p U Y a ? a ? Y = m w W w W w w , ZN H m n u ¢ (7 J ¢ U U J ¢ C7 ¢ u a m a 0 Z y a y . i ¢ (L ¢ ¢ z ?? a a 'E E a ¢ a ¢ I y y y N w a W ? _ ¢ y 0F Y <g to w w C7 l? w F- w m.F.._ w r - W _ Z C/3 ¢ C? ((a Q 0 ? N U, Z ¢7 . Z p y L V LI Q F Z G 5 f ¢ co ? "' U m of THOMAS TUSO I F-1 C] 0 r-1 ` L 714 HILLTOP DRIVE - ? `E `i R O T 11-10 f y 0 T f? k: Fr 4 NEW CUMBERLAND, PA 17070-173fG "`V? CELL: (706) 566-8679 I i J AN 0 AM ICIMBERLAND COUNT COMMONWEALTH OF pENNSyLVApWNSYLVAH1A COURT OF COMMON PLEAS JUDICIAL DISTRICT. COUNTY OF CUMBERLAND IN THE MATTER OF: LAURA FOREMAN THOMAS TUSO VS. : CERTIFICATION OF NOTICE NOTICE OF INTENTION COMMON PLEAS NO.:_ 10-7724 CIVIL I, THOMAS TUSO, Plaintiff residing at 714 Hilltop Drive, New Cumberland, Cumberland County, PA 17070-1735, is filing this Certificadon of Notice - Notice of Intention, in accordance with Rule 237.1 Notice of Praecipe for Entry of Judgment of Non Pros for Failure to File Complaint or by Default for Failure to Plead (to a complaint) and Rule 237.5, Form of Notice of Praecipe to Enter Judgment by Default, Pennsylvania Rules of Court, Volume I - State, from Judgment rendered by District Justice, Magisterial District Judge Charles A. Clement, Jr., MAG. DIST. NO.: MDJ-09- 1-01, Doc No.: MJ-09101-CV-0000534-2010, Disposition Date: November 23, 2010. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY, AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE. A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU S DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRILNG A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES Carlisle Office 401 East Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400 (800) 822-5288 Harrisburg Office 213-A North Front Street Harrisburg, PA 17141-2240 (717) 232-0581 (800) 932-0356 I, THOMAS TUSO, HEREBY of iirms/verify that the foregoing facts/information/statements made by me in this complaint are true and correct to the best of my knowledge, information and belief; said affirmation being made subject to penalties prescribed by Section 4904 of the Crimes Code (18 PA. C. S. Section. 4904), related to unworn falsifications to authorities. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment by the Court. ?,- Date: January 10, 2010 MAS SO, Plaintiff i NEW CHEI D 1 vani a S 4134870070 -0097 2/21/2010 (800)275-8777 04:08:45 PM Race - Sal t roduct Sale Uni Final Ascription Qty Price Price AMP HILL PA 17011-7602 $1.73 ;one-1 First-Class arge Env 5.60 oz. saaraasa Issue PVI: $1.73 'AMP HILL PA 17011-7602 $1.73 .one-1 First-Class .arge Env 5.70 Uz. Return Rcpt (Green Card) $2.30 Certified $2.80 Label 0: 70093410000156068774 Umaaaasa Issue PVI: $6.83 tal: 2ald by: ?ash $10.00 2hange Due: -$1.44 To X*r stamps at USPS.oom/shop or call t-800-Stamp24. Go to USPS.com/clicknship to print shipping labels with postage =or other information calf 1-800-ASK-LISPS. rxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx tx>t?xxx**xxxxxxxx>,r*xx*xx*xx*x>,rxxxxxxxxxx Set your mail when and where you want it Mith a secure Post Office Box. Sign up for s box online at ueps.com/poboxes. rxxxxxxxxxxxxxxxxxxxxxxarxxxxxxxxxxxxxxxx +txxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx 3i 11N: 1000303630395 ,.l Ark : 04 All sales final on stamps and postage Refunds for puaranteed services only Thank you for your business Note: Express Mail refund restrictions in effect for mailing dates Dec. 22 - 25 xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx **x>tx*xxxxxxxxxxxxxxxxx*,r**>r>t**xxxxx«x*x HELP US SERVE YOU BETTER Go to: https://postalexperience.con/pos TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE YOUR OPINION COUNTS *xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Customer Copy Postal CERTIFIED MAIL. RECEIPT 'Do rT?e.,,; tic Mad On iy: No ins urance Co, . . . co h- no A -0 o s Postage ' Ln Cerftd Fie $2. F,13 ''U 0 qe?"" Ra°•? ? 1:2.3[1 j_P Orel O (Erworsernent Roquketn c C3 Pm*iftd Da6my Fee oyl Q (ftlmamrm Requkad) 1 rr?. z Total Postepe & Fees $ f.61. E % ?. G 73>e4 71161 ----._._...r._.....-.-_ ._.. 0 or PO Sox /Ja " C3 .. " oopaw4a,m/ ?Av, G°IJcG,eJ" 0F ?urOlG? ??l??o ;TD C?ao? 4??14 . , ¦ Complete Items 1, 2, and & Also complete A. n Ftem 4 M Red dobd Dedymy is dnke& X \', , ? Apent ¦ Pdnt your name and addmes on the reverse - Addi me o so that we can realm the card to you. B- by () C of, ¦ Attach thle card to the back of the maiipieae, t, a c or on the ttorrt K space permits. D. Is delivery eddreee dta<aent front item 1 Q 1. Ardcle.Addreeeed to: itYES, eater ddwyKwrm below: ? No ? jea?q ? Flew Mr d O kmn d Md O ao.D. 4. Red* tad D WYW7 oft Fey 13 Yee 2 Artk Mxnbw 7009 3410 0001 5606 8785 (Asnesbrhorn so PS Form 3811, FeWwy 2W4 Domestic Return RecW 102 02-WIM UNITED STATES PosrAL SERVIcE Rrst-class Man LISPS & Fees Pahl Permit No, 0.10 • Sender: Please print your name, address, and ZIP+4 in this box • Owl lz7a i7?s 1&I11111)11111111111111IsI)11111IIIIII11i111IM1111111111111' I,,/ THOMAS TUSO OF THE PROTHONOTARY 714 HILLTOP DRIVE NEW CUMBERLAND, PA 17070-1735 2011,, 1,q AN W 1e CELL: (706) 5664679 CUM . ' JiaTY COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT. COUNTY OF IN THE MATTER OF: LAURA FOREMAN THOMAS TUSO VS. CIVIL ACTION - LAW 1. I, THOMAS TUSO, Plaintifii residing at 714 Hilhop Drive, New Cumberland, Cumberland County, PA 17070-1735, is filing this Notke to Pke4 in accordance with Ruk 1026, Time for Filing, Notice to Plead, Pennsylvania Rules of Court, Volume I - State, Subchapter A. CIVIL ACTION from Judgment rendered by District Justice, Magisterial District Judge Charles A. Clement, Jr., MAG. DIST. NO.: MDJ409-1-01, Docket No.: MJ-09101-CV-0000534-2010, DiWaition Date: November 23, 2010. 2. Conections were made to Exhibit A, (Pages 1-2), reflecting Rule 1028, preliminary Objections. (See attached Notice of Appeal From District Justice Judgment(s), Notice To Defend(s), and Notice To Plead(s). 3. You are hereby notified to plead to the enclosed Notice of Appeal From District Justice Judgment(s), Notice To Defend(s), and Notice To Plead(s) within twenty (20) days, IAW Rule 1026(a), Time for Filing, Notice to Plead, from service hereof or a default judgment will be entered against you. 4. I, THOMAS TUSO, HEREBY aiTirmsiverify that the foregoing facts/information/statements made by me in this complaint are true and correct to the best of my knowledge, information and belief, said affirmation being made subject to penalties prescribed by Section 4904 of the crimes code (18 PA. C.S. Section. 4904), related to unworn falsifications to authorities. I am aware that if any of the foregoing statements made by me are wMHy false, I am subject to punishment by the Court. Date: January 14, 2011 THO TUSO, Plaintiff William L. Adler, Esquire 4949 Devonshire Rd. Harrisbwg PA 17109 Phone: 717-652-8989 Fax: 717-307-3343 Email: baltAB_illadlerlaw.com Supreme Court ID: 39844 Thomas Tuso, Plaintiff V. Laura Foreman, Defendant IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-7724 Civil PRELIMINARY BJECTIONS OF DEFENDANTS AND NOW COME the Defendants, Laura Foreman and, through their attorney, William L. Adler, and respectfully represents the following: 1. P&R.C.P. 1022 requires that the pleading shall be divided into paragraphs numbered consecutively. 2. Plaintiffs complaint does not comply with this rule. 3. Local Rule 1018.1 requires the inclusion of a source for finding legal help that must be included in the complaint. 4. Plaintiff's complaint fails to comply with this rule. 5. Pa.R.C.P. 1019(h) requires that the pleading state whether the agreement on which it is based is oral or written. 6. It cannot be determined if this complaint is based on an agreement. 7. No oral argument is requested. WHEREFORE, Defendants respectfully request that plaintiffs complaint be dismissed. William L. Adler, Esquire Attorney for Defendants 4949 Devonshire Rd. Harrisburg PA 17109 Phone: 717-652-8989 Fax: 717-307-3343 Email: balm Billadlerlaw.com Supreme Court ID: 39844 January 11, 2011 FILED-OFFICE THOMAS TUSO OF THE PROTHONOTARY 714 HILLTOP DRIVE 2011 JAN 1 ? 41411: 08 NEW CUMBERLAND, PA 17070-1735 CELL: (706) 566-8679 C UM B =. ! 1 T Y ;A COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS .,, JUDICIAL DISTRICT. COUNTY OF CUMBERLAND IN THE MATTER OF: LAURA FOREMAN THOMAS TUSO VS. CIVIL ACTION - LAW 1. I, THOMAS TUSO, Plaiata residing at 714 Hilltop Drive, New Cumberland, Cumberland County, PA 17070-1735, is filing this Notice to Plead in accordance with Rule 1017 and Rule 1019, Pennsylvania Rules of Court, Volume I - State, Subchapter A. CIVIL ACTION from Judgment rendered by District Justice, Magisterial District Judge Charles A. Clement, Jr., MAG. DIST. NO.: MDJ-09-1-01, Docket No.: MJ-09 10 1 -CV- 0000534-2010, Disposition Date: November 23, 2010. 2. Corrections set forth in Exhibit A, (Pages 1-6), page 3, reflecting Preliminary Objections of Defendant, Failure of Pleading to Conform to Law or Rule of Court (Pa.RC.P. 1028(a)(2)) have been corrected by Plaintiff for the following: Pa.R.C.P. 1022 requires that the pleading shall be divided into paragraphs numbered consecutively - PLAINTIFF COMPLY WITH RULE, Local Rule 1018.1 requires the inclusion of a source for finding legal help that must be included in the complaint - PLAINTIFF COMPLY WITH RULE, and Pa.RC.P. 1019(h) requires that the pleading state whether the agreement on which it is based is oral or written - PLAINTIFF COMPLY WITH RULE. 3. Plaintiff submitting the following: Exhibit B, corrected copy of NOTICE TO DEFEND, Exhibit C, corrected copy of NOTICE OF APPEAL (COMPLAINT) FROM DISTRICT JUSTICE JUDGMENT, Exhibit D, NOTICE TO DEFEND, dated 21 December 2010, and Exhiibit E, Filed-Office of the Prothonotary; dated 2010 DEC 21 AM 9:36, Cumberland County Pennsylvania, for review and oral argument. 4. In accordance with Pennsylvania Rules of Court, Volume I - State, Subchapter A. CIVIL ACTION, Rule 1019(h), when claim is based upon an agreement - pleading is WRITTEN. 5. Oral argument is requested. 6. I, THOMAS TUSO, HEREBY affirms/verify that the foregoing facts/information/statements made by me in this complaint are true and correct to the best of my knowledge, information and belief; said affirmation being made subject to penalties prescribed by Section 4904 of the Crimes Code (18 PA. C.S. Section. 4904), related to unworn falsifications to authorities. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment by the Court. January 14, 2011 WILLIAM L. ADLER ATTORNEY AT LAW 4949 Devonshire Roar! HARRISBURG, PENNSYLVANIA 17109 PHONE: (717) 652-8989 FAX: (717) 307-3343 EMAIL: BAL1?RilIAdkrLaw.com WEBSITE: Bi11Ad1erLaw.com LEUIS F. ADLER (1433?l484j DAVID S. KOHN (19 1985) LOWS J. ADLER (19591999) CRAIG 1. ADLER KOHN AND ADLER (14341460y KOHN. ADLER & ADLER (1460.1981) ADLER & ADLER (1999- 10) January 11, 2011 Cumberland County Courthouse Prothonotary One Courthouse Square Carlisle, PA 17013-3387 Dear Prothonotary: RE: Tuso v. Foreman Enclosed please fwd preliminary objections to be filed in the above matter. Please clock the extra copy and return it to me in the envelope provided. Thank you. WLA cc: Thomas Tuso Laura Foreman Very truly yours, 4& William L. Adler 17- fi) William L. Adler, Esquire 4949 Devonshire Rd. Harrisburg PA 17109 Phone: 717-652-8989 Fax: 717-307-3343 Email: baMilladlerlaw.com Supreme Comm ID: 39944 Thomas Tuso, Plaintiff V. Laura Foreman, Defendant : IN THE COURT OF COMMON PLEAS : Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :NO. 10-7724 Civil NOTICE TO PLEAD You are hereby notified to plead to the enclosed Preliminary Objections within Twenty (20) days from service hereof or a default judgment may be entered against you. 0 (Ex N ia?r A William L. Adler, Esquire 4949 Devonshire Rd. Harrisburg PA 17109 Plane: 717-652-8989 Fax: 717-307-3343 Email: ba"illadlerlaw.cotn Supreme Court ID: 39844 Thomas Tuso, Plaintiff V. Laura Foreman, Defendant : IN THE COURT OF COMMON PLEAS : Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :NO. 10-7724 Civil +.11u.61-was) I-) _ • & I ! -q :I vs c_u . AND NOW COME. the Defendants, Laura Foreman and, through their attorney, William L. Adler, and respectfully represents the following: EWlure of Pleading to Conform to Law or Rule of Court fPa R C P. 102UW) 1. Pa.R.C.P.1022 requires that the pleading shall be divided into paragraphs numbered consecutively. 2. Plaintiff's complaint does not comply with this rule. 3. Local Rule 1018.1 requires the inclusion of a source for finding legal help that must be included in the complaint. 4. Plaintiffs complaint fails to comply with this rule. 5. P&R.C.P. 1019(h) requires that the pleading state whether the agreement on which it is based is oral or written. 6. It cannot be determined if this complaint is based on an agreement. 7. No oral argument is requested. (E)(melr q) WHEREFORE, Defendants respectfully request that plaintiffs complaint be dismissed. William L. Adler, Esquire Attorney for Defendants 4949 Devonshire Rd. Harrisburg PA 17109 Phone: 717-652-8989 Fax: 717-307-3343 Email: bal(@..Billadlerla%v.com Supreme Court ID: 39844 January 11, 2011 Evjl? I/rA) CERTIFICATE OF SERVICE I, William L. Adler, Esquire, Attorney for Defendant, hereby certify on January 11, 2011, I served a copy of the within Preliminary Objections upon the following person by first class mail, postage prepaid, addressed as follows: Thomas Tuso 714 Hilltop Drive New Cumberland, PA 17070 William L. Adler. Esquire `G Z t 1: j i•: ? iY ^ 1 t: J f O O a a) -0 > ti ? 1.4 G O V H l Z ul •r••t f.? .t..t r 3 1 X00 CD t Q -s m .E T THOMAS TUSO 714 HILLTOP DRIVE NEW CUMBERLAND, PA 17070-1735 CELL: (706) 566-8679 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT. COUNTY OF CUMBERLAND IN THE MATTER OF: LAURA FOREMAN THOMAS TUSO VS. NOTICE TO DEFEND COMMON PLEAS NO.; 10-7724 CIVIL 1. I, THOMAS TUSO, Plainta residing at 714 Hilltop Drive, New Cumberland, Cumberland County, PA 17070-1735, is filing this Notice to Defend in accordance with Rule 1018.1. Notice to Defend, Pennsylvania Rules of Court, Volume I - State, from Judgment rendered by District Justice, Magisterial District Judge Charles A. Clement, Jr., MAG. DIST. NO.: MDJ-09-1-01, Docket No.: MJ-09101-CV-0000534-2010, Disposition Date: November 23, 2010. 2. NOTICE. You have been sued in court. If you wish to defend against the claims set forth in the attached Complaint, 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. 3. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION 17 (3J ABOUT HIRIILNG A LAWYER. 4. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES Carlisle Office 401 East Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400 (800) 822-5288 Harrisburg Office 213-A North From Street Harrisburg, PA 17101-2240 (717) 232-0581 (800) 932-0356 5. I, THOMAS TUSO, HEREBY affirms/verify that the foregoing facts/information/statements made by me in this complaint are true and correct to the best of my knowledge, information and belief; said affirmation being made subject to penalties.prescribed by Section 4904 of the Crimes Code (18 PA. C.S. Section. 4904), related to unworn falsifications to authorities. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment by the Court. late: January 14, 2011 6 THOMAS TUSO 714 HILLTOP DRIVE NEW CUMBERLAND, PA 17070-1735 CELL: (706) 566-8679 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT. COUNTY OF CUMBI LAND IN THE MATTER OF: LAURA FOREMAN THOMAS TUSO VS. NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS NO.: 10-7724 CIVIL 1. I, THOMAS TUSO, Plaintiff, residing at 714 Hilltop Drive, New Cumberland, Cumberland County, PA 17070-1735, is filing this Complaint, Notice of Appeal, from Judgment rendered by District Justice, Magisterial District Judge Charles A. Clement, Jr., MAG. DIST. NO.: MDJ-09-1-01, Docket No.: MJ 09101-CV-0000534-2010, DiMsition Date: November 23, 2010. (EXHIBIT A) 2. NOTICE. You have been sued in court. If you wish to defend against the claims set forth in the attached Complaint, 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. 3. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ( agj&7-6) ABOUT HIRILNG A LAWYER. 4. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES Carlisle Office 401 East Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400 (800) 822-5288 Harrisburg Office 213-A North Front Street Harrisburg, PA 17101-2240 (717) 232-0581 (800) 932-0356 5. Plaintiff is seeking relief of the Court's prior Order, Notice of Judgment, dated above. (EXHIBIT A) 6. On May 28, 2010, AMERIGAS Propane picked up a 100-gallon propane storage tank, (EXHIBIT B), to include 100 gallons of propane fuel (used for cooking and heating) stored on the property of the Plaintiff located at 714 Hilltop Drive, New Cumberland, Cumberland County, PA 17070-1735, (EXHIBIT C), and refunded the Defendant (previous owner of said property) the amount of $252.14. AMERIGAS Propane, failed to set up my account for the return of said storage tank, and through their negligence paid/reimbursed my money to the previous owner, Laura Foreman, Defendant. The amount of refund ($252.14) was refused to Plaintiff, via third party (Thomas Foreman, Prudential Thompson-Wood). 7. STATEMENT OF PROBABLE CAUSE. Standard Agreement for the Sale of Real c rui-p?airc5 Estate (714 Hilltop, New Cumberland, PA; dated May 9, 2009), (EXHIBIT D), Page 2 of 10, Section 4. FIXTURES & PERSONAL PROPERTY (A) INCLUDED in this sale are all existing items...; any remaining heating and cooking fuels stored on the property at the time of settlement;... Propane remaining from the sale of this dwelling was used for the following: stove, fireplace, and heater. Just like the oil stored on the property, that was remaining from this sales agreement, was used for heating the home. Note that this fuel (propane) was not a prorated utility (allocated in proportion or proportionally or divided based on another value, usually a unit of time). Fuel (propane) was delivered and stored on the property in a 100-gallon storage tank. On Page 10 of 10, of the Standard Agreement for the Sale of Real Estate, dated May 9, 2009, Defendant signed and agreed to this Standard Agreement for the Sale of Real Estate. 8. REQUEST JUDGMENT in the amount of $454.62 to cover the following costs. Propane fuel was $356.02 minus service term fee of $103.88 equals $252.14. This was the amount that Laura Foreman received. Attorney fees was $25.00, court cost of $69.50, plus restricted mail fee of $10.25 equals $79.75 (Magisterial District Court 09-1-01 fees) totals $356.89. Notice of Appeal filling fee was $91.75, phis postage, which come to a grant total of $454.62. (EXHIBIT E) 9. In accordance with Pennsylvania Rules of Court, Volume I - State, Subchapter A. CIVIL ACTION, Rule 1019(h), when claim is based upon an agreement - pleading is WRITTEN. 10. Oral argument is requested. 11. 1, THOMAS TUSO, HEREBY affhms/verify that the foregoing facts/information/statements made by me in this complaint are true and correct to the best of my knowledge, information and belief; said affirmation being made subject to penalties prescribed by Section 4904 of the Crimes Code (18 PA. C.S. Section. 4904), related to unworn falsifications to authorities. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment by the Court Date: January 14, 2011 THOMAS TUSO 714 HUXTOP DRIVE NEW CUMBERLAND, PA 17070-1735 CELL: (706) 566-8679 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT. COUNTY OF CUMBF2g" IN THE MATTER OF: LAURA FOREMAN THOMAS TUSO VS. NOTICE TO DEFEND COMMON PLEAS NO.: 10-7724 CIVIL I, THOMAS TUSO, Plaintiff residing at 714 Hilltop Drive, New Cumberland, a Cumberland County, PA 17070-1735, is filing this Notice to Defend in accordance with Rule 1018.1. Notice to Defend, Pennsylvania Rules of Court, Volume I - State, from Judgment rendered by District Justice, Magisterial District Judge Charles A. Clement, Jr., MAGDIIST. NO.: MDJ-09 1-01, nad& No.: MJ-Wl01-CV-00005342010, liposition Date: November 23, 2010. NOTICE. You have been sued in court If you wish to defend against the claims set forth in the attached Complaint, 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 plaintif You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION e.,X 4167- ABOUT HIRILNG A LAWYER. IF YOU CANNOT AFFORD TO SIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES CarNsle Office 401 East Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400 (800) 822-5288 HarrisbuM Office 213-A North From Street Harrisburg, PA 17101-2240 (717) 232-0581 (800) 932-0356 1, THOMAS TUSO, HEREBY affirmS/verify that the foregoing facts/information/statements made by me in this complaint are true and correct to the best of my knowledge, information and belief said affirmation being made subject to penalties prescrn'bed by Section 4904 of the Crimes Code (18 PA. C.S. Section. 4904), related to unsworn falsifications to authorities. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment by the Court. TUS0, Plaintiff December 21, 2010 MOMMMINE NEW CL1114EM-AND PO NEW 0MULAND. Pennsyl vani a 4134870070 --0097 2/21/2010 (003275-8777 04:06:45 PH Sales Reasipt roduct Sale Unit Final escription Oty Price Price AMP HILL PA 17011-7602 $1.73 ;one-1 First-Class .ar-ge Env 5.60 oz, Issue PVI: $1.73 :AMP HILL PA 17011-7602 $1.73 :one-1 First-Class -arge Env 5.70 oz. Return ed ertified t (Green Card) $2 C $2.80 Label 0: 70093410000156066774 s===ma=rs Issue PVI: $6.83 ;ash $10.00 range Due: -$1.44 iota!)aid: by: $6.56 k-der stamps at USPS.con/shop or call L-800-Staup24. Go to LISPS. con/clidcnship to print shipping labels with postage =or other information call 1-00-ASK-LISPS. rxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxXx exxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Set your nail when and where you want it Nith a secure Post Office Box. Sign up for 3box online at usps.oom/poboxes. kxxxxxxxxxxxxxxxxxxxxxxxxxxxXxxxxxxxxxXx kXXXXXXXXxxXXXxxXxXXXxxxxxXXXXxXXXxxXXxx 31116: 1000303630395 '.lerk: 04 All sales final on stamps and postage Refuxis for guaranteed services only Thank you for your business Note: Express Mail refund restrictions in effect for mailing dates Dec. 22 - 25 xzxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xXxxXXXXXXXXxXXXXXXXxXXXXXXXxXXXXXXXXXX?e HELP US SERVE YOU BETTER Go to: https://postalexperigme.com/Pos TELL US ABOUT YOUR RECENT POSTAL OFERIENCE YOUR OPINION COUNTS XxxxxxxxxxxxxxxxxxxxXxxxxXxxXXxxxxxxxxxX xxxxxxxxXxxxxxxxxxxxxxxxxxXXXxXxXxxXXXxx Postal ' CERTIFIED : r REC MAIL EIPT r_1 Domestic Moo' 0,174 'No Insurance C .. ED N ys'. s ipp? i t `! A L E .o C3 M. 77 11:p -0 POSMP $ Cer4bdFee .:.811 t7++ .?j r,Ui... 0 roe eye PAWICW of* my Fft Tow Postage & Fees $ 1. 6:83 ti` t? rx? TO - -'-.._. - - u- n ..._....__ o<POenr r- -W i&!(/C?'Ff?LT-1-f (, cl Ll 7_ e,14A66"'1) t ? %Z`® T1, -2 -7 2,? G??Pa?r b? Customer Copy ¦ Comp ft Items 1, 2, and & Also complete A. Sl p trree Item 4 If d Delhoy is des<red. Q Agent ¦ Pdnt your name and address on the reverse X Ad4mm so that we can rshrn the card to you. B by lPitr?m?lcYsnrel ? ¦ Attach this cad to the back of the mallpiece, or on the front If space permits. D. Is del+rery add?eesdlfmrent Poa *om m 1 Qyfw 1. Artlde Addressed to: H Yes, enter delveryad s below. 0 No c2 c?.??=?= bra vb ? kmaW Md ? O.O.D. 4. tmtrloted De6rrryr $9ft FW C3 Yea 2.'Are*Nrmber 7009 3410 0001 5606 8781 (liWrsfe ftn sa PS Form 3811, Febntary 2004 Dons Return ReoW 102e95,02-WIS40 L ?e?yigir 1,? UNITED STATEs PosTAL SERvicE First-class Mail Postage & Fees Paid USPS Perrttit No, G-10 • Sender. Please print your name, address, and ZIP+4 in this box • '7i? Nrw7a? ?uE NW 04??A;gA ix?a -i?3s G Fk91b,r DJ THOMAS TUSO 714 HILLTOP DRIVE NEW CUMBERLAND, PA 17070-1735 CELL: (706) 566-8679 COMMONWEALTH OF PENNSYLVANIA v' COURT OF COMMON PLEAS JUDICIAL DISTRICT, COUNTY OF CUMBERLAND IN THE MATTER OF: LAURA FOREMAN THOMAS TUSO VS. NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS NO.: 10-7724 CIVIL I, THOMAS TUSO, Plaintiff, residing at 714 Hilltop Drive, New Cumberland, Cumberland County, PA 17070-1735, is filing this Complaint, Notice of Appeal, from Judgment rendered by District Justice, Magisterial District Judge Charles A. Clement, Jr., -MAG. DIST. NO.: MDJ-09-1-01, Docket No.: W-09101-CV-0000534-2010, Disposition Daze: November 23, 2010. (EXHIBIT A) Plaintiff is seeking relief of the Court's prior Order, Notice of Judgment, dated above. (EXHIBIT A) On May 28, 2010, AMERIGAS Propane picked up a 100-gallon propane storage tank, (EXHIBIT B), to include 100 gallons of propane fuel (used for cooking and heating) stored on the property of the Plaintiff located at 714 Hilltop Drive, New Cumberland, Cumberland County, PA 17070-1735, (EXHIBIT C), and refunded the Defendant (previous owner of said property) the amount of $252.14. AMERIGAS Propane, failed to set up my account for the return of said storage tank, and through their negligence paid/reimbursed my money to the previous owner, Laura Foreman, Defendant. The amount of refund ($252.14) was refused to Plaintiff, via third party (Thomas Foreman, Prudential Thompson Wood). STATEMENT OF PROBABLE CAUSE. Standard Agreement for the Sale of Real Estate (714 Hilltop, New Cumberland, PA; dated May 9, 2009), (EXHIBIT D), Page 2 of 10, Section 4. FIXTURES & PERSONAL PROPERTY (A) INCLUDED in this sale are all existing items...; any remaining heating and cooking fuels stored on the property at the time of settlement;... Propane remaining from the sale of this dwelling was used for the following: stove, fireplace, and heater. Just like the oil stored on the property, that was remaining from this sales agreement, was used for heating the home. Note that this fuel (propane) was not a prorated utility (allocated in proportion or proportionally or divided based on another value, usually a unit of time). Fuel (propane) was delivered and stored on the property in a 100-gallon storage tank. On Page 10 of 10, of the Standard Agreement for the Sale of Real Estate, dated May 9, 2009, Defendant signed and agreed to this Standard Agreement for the Sale of Real Estate. REQUEST JUDGMENT in the amount of $454.62 to cover the following costs. Propane fuel was $356.02 minus service term fee of $103.88 equals $252.14. This was the amount that Laura Foreman received. Attorney fees was $25.00, court cost of $69.50, plus restricted mail fee of $10.25 equals $79.75 (Magisterial District Court 09-1-01 fees) totals $356.89. Notice of Appeal filling fee was $91.75, plus postage, which come to a grant total of $454.62. (EXHIBIT E) 1, THOMAS TUSO, HEREBY affirms/verify that the foregoing facts/information/statements made by me in this complaint are true and correct to the best of my knowledge, information and belief said affirmation being made subject to penalties prescribed by Section 4904 of the Crimes Code (18 PA. C. S. Section. 4904), related to unworn falsifications to authorities. I am aware that if any of the foregoing statements made by me are wiltfuRy false, I am subject to punishment by the Court. Date: December 21, 2010 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ-09-1-01 MDJ Name: Honorable Charles A. Clement Jr. Address: Olde Towne Commons 400 Bridge Street, Suite 3 New Cumberland, PA 17070 Telephone: 717-7745989 Thomas G Tuso 714 Hilltop Drive New Cumberland, PA 17070 Notice of JudgmentlTranscript Civil Case Thomas G Tuso V. Laura Foreman Disposition Summary Docket No Plaintiff Defendant' MJ-09101-CV-0000534-2010 Thomas G Tuso Laura Foreman Judgment Summary Participant Thomas G Tuso Laura Foreman . Joint/Several Liability Individual Liability '$0.00 $0.00 $0.00 $0.00 Docket No: MJ-09101-CV-0000534-2010 Case Filed: 10/8/2010 Disposition Judgment for Defendant Disposition Date 11/23/2010 Amount $0.00 $0.00 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION.- YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE UNLESS THE JUDGMENT IS ENTERED IN. THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. .11/23/2010 Date Magisterial District Judge Charles A. Clement Jr. 4° . I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge Charles A. Clement Jr. MDJS 315 0 e Page 1 of 1 . Printed: 1123/2010 4:53:38PM CEx14113rT Af). z z O ¢ Luc < z O aM J < = Y. 2 W y a a d3 m W ? U, U_ O 2 g W W J U U O > rc O . z m m ? U V T. }} ?l-1 Q ? rd V- Z W 1r G? 0 _3 N w x ¢ ,0 ? ? ? ? ? w 4 'mob W Q i I I I ?I W m zI O:) W? az fl+, fl a r W ¢ UW °iI x aW o? ¢f ? z 2 J U,I r .? J } b r Om w < o r U> az > z Q U 2 m O xaw I LL, o xz U 1 ¢ w 2 ? r ! D q _ W V . ,.-. W Q W Q CD W U z 3 .. z<Q¢ LL (x t;w W2 C) a ???? a ' z ?r ? W .. U a 8r y. 3 V1 J C, j G •?y1 z O tt r L 4 V e i rI 117 li- P Fz \ O W p 0 W 2) i ?? ? r Q - .: ,. - : .. ~ ? V F W ?wZLL, •~ZUmz co 0 COW z cc ????? I.- 1. 1 y W ?z Q C - e r f1 t W ¢ a (? (J1 W j U°w WJ 'C Q o v _: P Z n V O .ti O ` f Z O-j o O \ ?. g? Q? - O d V 1 CD Y Z ` I z H O W LUX y- z '' V LL ? LLI Z W -j O a: w CL W?3 F5 u>, 0 CO ? 2 U, cO - w I- - -. N W2 ... ! ??LJ Y_?L1 Cn 4 U 0 w? U O a z W 0 ?g '-°< o= m ~ OW F j a ?, NCO f ro z3 u \ or) >_UW r« m ?? L \ D r U ? R W • • Cl) 'OV - w -0 Q Vi m m? w C y Q _ z 0 lOZ C C S C m O_ w aaj WW y?? O " O J >=1 I -. -ILL, tdm °w C C U 0 2O ou F mog 30 L W m=C0 Ciyj - z ?...? m U' at 0 Z uQ O cc: CL OR LOU z -R U) U Y M ? N LL C m?W my = E ? 3 pOm a W CD z W z = vr =°'I ~ - l 0 Y OJ Uv?2 .- Q Qzz ? L 0 U p? i C7 C7H c+'. Gi ¢ g O C < o wo mm ° E W m - ? - w z ¢ . ¢2 ¢mc Ucm E m ON c ?z 1 z¢ r?? N? cm6 i g 2 cn LL W °O w o U - ; m y S 3 (. z z O ¢ N a a Y \1 U U J W y W ' I z a o x a m J j r 2¢ 3 CO g w w w cc 3 Q Q a W z j W ¢ W a 1 o o ?y LL `? Lr. O O O \- ?^\ Q> oz mw 2 f w t7R3 W y y N m. J J g L u < o z o z o o y< W W Y V H W x W a W W d - x x W O v?am ?a z w r ¢ F ¢ F F a a a CD z m C!) w z y 3 Y ¢ (9 y 1 ¢ 0 r y a U W y a Z U W a ? W W a U W a U w a W a ? ?, V z N = W W j W W J W W F[0 'o ¢ ww O ¢ O U ¢ ? ¢ CL (7i m a w m a 3 w w IL ; W w z W W z m g a a, N CD W --Q W ?. z N w OO J a m w m < <` ' ' f f f7 y¢ } O a H m }. to C7 6 N C r f n. F q m O N ¢ Lu W C, 7 WG } W .... Q OZ - . m f¢ Utn «x?1a;T a? County Parcel Noo7?'•? '7J?lJ •?5.3 _ _ ' ??I??/?I??? 0 I00lI0YO. T'hl sDeed , Made the day of in the year TWO THOUSAND NINE (2009) BETWEEN LAURA E. FOREMAN, formerly known as LAURA E. BROWN AND RICHARD A.. FOREMAN, wife and husband, of New Cumberland, Cumberland County, Pennsylvania, parties of the first part, hereinafter referred to as the GRANTORS AND ,5? THOMAS TUSO, single man, of Camp Hill, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as the GRANTEE WITNESSETH, That in consideration of TWO HUNDRED EIGHTY-TWO THOUSAND AND 00/100---------------------------------------------------- -----------__-???-_ -($282,000.00)------_ Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantee ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, bounded and described as follows: 'BEGINNING at a point on the Southerly line of Hilltop Drive said point being located Four Hundred Fifty-six and Eight One Hundredths (456.08) feet measured Westwardly along said line from the Westerly line of Valley View Road; thence Southwardly along the Westerly line of Lot No. 4, Block "m" on the Plan of Section 4, Drexel Hills, said Plan being recorded in Plan 0 4 _f L7= z7 09c0556 a 11,. Cumberland.CoUnty records,. One Hundred Twenty _."Book11lpg (120) feet to a point; thence Westwardly by a curve to the Left having a radius of Nine Hundred Forty (940) feet and along the Northerly lines of Lot Nos. 13 and 14 in Block "M", an arc distance of Seventy-five and Thirty- eight One Hundredths (75.38) feet to a point; thence Northwardly along the Easterly line of Lot No. 2, Block "M" One Hundred Twenty (120) feet to a. point on.the Southerly line of Hilltop Drive; thence by the latter line Eastwardly by a curve to the right having a radius of One Thousand Sixty (1060) feet an arc distance of Eighty-five (85) feet to the Place of BEGINNING. BEING Lot No. 3, Block "M" on said Plan and being property known and numbered as 714 Hilltop Drive. UNDER AND SUBJECT to building and use restrictions as set forth -in instrument recorded in Misc. Book 128, page 569, which is hereby expressly extended to cover the lot above described. ALSO UNDER AND SUBJECT to valid building, zoning, deed and Plan restrictions, right of the public and others in the roads, streets and alleyways adjoining the described premises and easements of record and apparent. BEING the same premises which Craig D. Wilson and Jacqueline A. Wilson, husband and wife, by deed dated February 13, 2004 and recorded in the Office of the Recorder of Deeds in and for Cumberland County i-n Deed Book 261, page 4219 granted and conveyed unto Laura E. Brown and Richard A. Foreman. The said Laura E. Brown and Richard A. Foreman have since married and she is now known as Laura E. Foreman. TOGETHER with all and singular the buildings, improvements, way, woods, water, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof; AND ALSO all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantor both in, law and in equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances. TO HAVE AND TO HOLD all and singular the premises herein described together with the hereditaments and appurtenances unto the Grantees and to Grantees' .proper use and benefit forever. AND the said grantors will specially WARRANT AND FOREVER DEFEND the property hereby conveyed. IN WITNESS WHEREOF, said grantors have hereunto set their hands and seals, the day and year first above-written. 5eaied and delivered in the presence of nnrh.,e??? ` (Witness) 4R'LA E. FOREMA -rzvllq?S. -- LA RA E. BROWN ICHARD A. FOREMAN Commonwealth of Penns Ivania County of - - 1 On this, the day of , 2009 before me the undersigned officer, a notary publi , personally appeared LAURA E. FOREMAN (formerly known as LAURA E. BROWN) and RICHARD A. FOREMAN, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they. executed the same for the purpose therein contained. IN WITNESS THEREOF, I have hereunto set my hand and notarial seal. NOTARIAL SEAL SARAH N EDE Notary Public HAMPDEN TWP CUMBERLAND COUNTY My Commission Expires Apr. 28.2016 Notary u IiC MCE: C r if ???! C Certificate Of Residence* I hereby certify, that the precise residence of the grantees herein is as follows: ' 7l /?i' 11 Ea,o ,DRi ve AgentYor Grantee) Recordet of Deeds Commonwealth of Pennsylvania County of RECORDED on this day of , A.D. in the Recorder's Office of said County, in Deed Book Volume , Page . Given under my hand and the seal of the said office, the date above written. Recorder. gifi /. 0 /- T 6) ROBERT P. 7.IFGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE. CARLISLE, PA 17013 717-240-6370 Instrument Number - 200923855 Recorded On 7/9/2009 At 11: 54:44 AM * Instrument Type - DEED Invoice Number - 47925 User ED - MBL * Grantor= BROWN, LAURA E * Grantee - TUSO, THOMAS * Customer - SECURED LAND * FEES STATE TRANSFER TAX $2,820.00 STATE WRIT TAX $0:50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING.FEES - $12.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 WEST SHORE SCHOOL . $1,410.00 DISTRICT NEW CUMBERLAND. $1,410.00 BOROUGH TOTAL PAID $5,689.50 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in; Cumbe^rland -County- PA of d I RECORDER O D EDS rn,o * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 0000yo - IN IIIIIIIIINIIII IIINII III 6 . . e STAINDARD AGRMI ENT FOR TBE SALE OF REAL ESTATE - A/S-R This foan mooun ailed and approved for but not tauieted m nta by. the members of tle Pamsylva is Allocution of REALTORSW (PART WLI?ERI BUSINESS RELATIONS P WITH PA LICENSED BROKER BROKER (Company) ubt-,J-14t c• ?n ?'! PHONE '74, 1 - IF 35 ADDRESS FAX LICENSEE(S) Designated Agent? ? Yes ? No BROKER IS THE AGENT FOR SELLER. OR (if checked belowr Broker R NOT the Agent for Seller and is alan: q AGENT FOR BUYER ? TRANSACTION LICENSEE BUYER'S BUSINESS TI NSHIP WITH PA LICENSED BROKER BROKER (Coanpany)T , C L ? a v S Lc'. Af d p!, ?4a-0 PHONE '7 L l • N'R (() LICENSEE(S) Designated Agent? ? Yes ? No BROKER IS THE AGENT FOR BUYER. OR (if checked below): Broker Is NOT the Agent for Buyer and is atan: ? AGENT FOR SELLER ? SUBAGENT FOR SELLER ? TRA,CSACTION LICENSEE When the same Broker k Agent for Seller and Avant for Rover_ Broker is 's Dual Anent All of Broker's Ikensam are Ace Duel Adente I1Vt.FCC tk„ ¦,. separate Designated Agents for Bayer and Seger. If the same Licensee Is designated for Seger and Bayer, the Licensee is a Deal Agent. I. 9MMerir, dated -7, 7W , is between 2 3 4 5 6 7 6 4 10 11 12 13 14 is 16 17 1a 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 :o 41 SELLER(S): BUYER(S): , caged "Seger," and =21,c 4-1 v S 1 LJ 5b called "Buyer." 2. Property (9-05) Seger hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: All that Certain lot or piece of ground with balkgngs and Improvements thereon erected, if any, known as: I I && of MCI., In the cL. r-, 0do' n County of t r P [n the Commonwealth of Pennsylvania. tificatlom (e.g., Tan; ID #; Parcel p; Lot, Block; Deed Book, Page, Recording Date): 3. TERMS (945) ? (A) Purchase Price 7 . Dollars, which wM be paid to Seder by Boyer as follower ?. . 1. Cash or check at signing this Agreement: tJ P 2. Cash or check within days of the execution f this Agreement. S 3. S 4. Casb or cashier's check at time of settlement: i (B) Deposits paid by Buyer within .10 DAYS of settlement will be by cub or cashier's check feposrts, regardless Jr the form of paymem and the person designated as payed, will be paid in U.S. Dollars to Broker for Seiler (unless otherwise stated herej who will retain deposits im an escrow account until consummation or termination of this Agreement in conformity with all applicable and ti . Any check tendered as deposit monies may be held ttttcashed pending the aaxpnmoe of this Agreement. (C) Seller's written approval to be on or before: (D) Settlement to be on . or tcftrc if u d Seller agree. (E) Settlement will occur in the c ty Utica e a Property is located or in an adjacent county, during normal business hours, unless Buyer and Seller agree otherwise. (F) Conveyance from Seiler will be by fee simple deed of special warranty unless otherwise stated here: (G) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here: (H) At time of settlement, the following will be adjusted Pro-rata on a daily basis between Buyer and Seller, reimbursing where applicable: current razes (see Wotmation Regarding Real Estate Taxes); rents,, interest an mortgage assumptions; condominium fees and homeowner association fees; water and/or sewer fees, together with any other liemable municipal service. All charges will be pro-rated for the period(s) covered. Seller will pay up to and including the date of settlement and Buyer will pay for all days following sod,ment. unless otherwise stated here: Bayer Initials: AIS-R Page l of 10 Seller Initial ExH113 'Ir 2 Relined 9/05 COPYRIGHT PE.\'NSYLVOLP" ASSOCIATION OF REALTORS&• 2005 Pennsylvania Association of REALTORS' 9105 if 1 %0 - 3 4 s 6 7 8 9 10 tt 12 13 14 15 16 17 U 19 23 24 25 26 21 2S 30 31 32 33 34 35 35 3; 38 39 40 41 t I 5 6 3 2 z 3 i7 e5 n r i; r rq ea P5 Is 37 SS r z 03 e5 ze S7 1y '-7 102 1?. .c; 4. FIXTURES & P-rg-M (A) INCLUDED in this cures including-phs vision antemas; Clement; sump stated Also include - 42 - PUT permanently installed in the property, free of hens, including plumbing; heating; lighting fix- 43 Lp water treatment "? P? and spa equipment; garage door openers and transmitters; tde- ;s and treys; any remaining ![eating and cooking fuels stored on the Property at the time of set- .5 mailboxes; wall to w&I carpeting; existing window screens, storm windows and screen/storm doors; d5 hd blinds; a irhgs» bull-in air conditic>pers; ?qk-in appliances; apd the :z oven unless otherwise 47 - , n 11 _ t .... I I _.J. -a cW 1 at (B) LEASED items (ndUowned by Seller): (C) EXCLUDED fixtures and items: S. DATESITIME IS OF THE ESSENCE (945) (A) The settlement date and all other dates and times referred to for the performance of any of the obligations of this Agreement are of the essence and are Finding. (B) For purposes of this Agreement. the number of days will be counted from the date of execution, excluding the day this Agreement was exe- cuted and including the Last day of the time period The Execution Date of this Agreement is the date when Buyer and Sclier have indicated fuU acceptance of this Agreement by signing and/or initialing it. All changes to this Agreement should be initialed and dated (C) The settlement date is not extended by any other provision of this Agreement and may only be extended by mutual written agreement of the panics. (D) Certain time periods are pre-printed in this Agreement as a convenience to the Buyer and Seller. All pre-printed time periods are negotiable and may be changed by striking out the pre-printed text and inserting a different time period acceptable to all panics. 6. MORTGAGE CON-nNGENCY (9-05) p WAIVED. This sale is NOT contingent on mortgage financin& although Buyer may still obtain mortgage financing. UK ELECTED. (A) This sale is contingent upon Buyer obtaining mortgage financing as follows: First Mortgage on the Property 1 Second Mortgage on the Property Loan Amount S tJ Loan Amount S Minimum Term years Minimum Term years Type of mortgage & Type of mortgage Mortgage lender Mortgage lender .;y 50 51 52 53 54 55 56 57 5.q cy 63 :g ?s 67 fi3 r r. 74 ?2 Interest rate %; however, Bayer agrees to accept tine Interest rate °/.: however, Bayer agrees to accept the interest rate as may be committed by the age lender, not to interest rate as may be committed by the mortgage lender, not to 16. exceed a maximum interest rate of exceed a maximum interest rate of a, Dismunt points, loan originazion, loan placement and other fees charged Discount points, loan origination. loan placement and other fees charged by the leader as a parentage of the mortgage loan (excluding any more by the lender as a percentage of the mortgage ban (exehhding any mnn- gage insurance premiums or VA funding fee) not to exceed gage insurance premiums or VA funding fee) not to exceed % (01% if not specified) of the mortgage loan. % (01/9 if not specified) of the mortgage loan. The interest rate(s) and fee(s) provisions in paragraph 6 (A) are satisfied if the mortgage lender(s) gives Buyer the right to guarantee the interest rate(s) and fee(s) at or below the maximum Ievch stated. Buyer gives Seller the right,'at Seller's sole option and as permitted by law and the mortgage lender(s), to contribute financially, without promise of mimburseme nt, to the Buyer and/or the monpge lender(s) to make the above mortgage term(s) available to Buyer. (B) Within days (10 if not specified) fiant the Execution Date of this Agreement, Buyer sill make a completed, imiinen mortgage appli- cation 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, otherwise Broker for Seger. Is authorized to communicate with the mortgage lender(s) to assist In the mortgage loan process. (C) Should Buyer furnish false or Incomplete Information to Seller, Broker(s). or the mortgage leader(s) concerning Buyer's legal or financial stators; or fag to cooperate in good faith in 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) 1. blot [gage commitment date: If Selhx does not n=ive a copy of Buyer's monpge corrmhitrrtertt(si to this date, Bayer and Seger agree to eaten eoniankment date until Seger terminates this Agreement by written notice to Buyer. ? Upon receiving a mortgage commitment. Buyer will promptly deliver a copy of the commitment to Seller. 3. Seller may terminate this Agreement in Ivritirg after the monpge commitment (rite, if the moripp commitment(s): a. Is not valid until the date of settlement. OR b. Is conditioned upon the sale and settlement of any other property, OR c. Does not satisfy all the mortgage terms as stated in paragraph 6 (A), OR d. Contains any other condition not specified in this Agreement that is not satisfied and/or rcmovcd in ?c riting by the mortgage lender(s) within _L DAYS after the mortgage commitment date In paragraph 6 (D) (1), other than those conditions th3i arc cumomari• ly satisfied at or near settlement. such as obtaining insurance and confirming employment status. i, if this Agreement is terminated pursuant to paragraphs 6 (D) (I) or (3), or the mortgage ban(s) is not obtained for smlcnxnt. all deposit monies w oil be returned to Bayer accord'mg to the terms of paragraph 30 and this Agreement will be VOID. Buyer will be responsible for an), costs incurred by Buyer for any inspections or certifications obtained according to the terms of this Agreement. and any costs incurred by Buyer fix: (1) Title search, title insurance and/or mechanics' lien instance. or any fee for aacellatiorr; (2) Flood insurance and/or fire insurance with cmtendedo;v 4- mine subsidence instuamm, out any fee for cancellation; (3) Appraisal fees and charges paid in advance to mortgage kn:kr. Buyer initials: A/S-R Page 2 of 10 Seger Initials: Rjvised.9/05 C t ,*10 / 7- b), .g 77 e= 5? t 65 •r: 106 109 Ila Ito 112 113 115 .15 117 Its 119 •2a '21 '22 iZ3 ::a 133 1:3 K5 1:5 ltl sot =e :sot s1 1st ;tot ?.5 1s5 •5. +;e ?62 .a 16: 1e; 1c5 169 1'D (E)' If themortpge tender(s): or an insurer- providing pr+opaiy and-casualty insurance as-requited by -the tttongase lender(s). rcqui sf r% s to the . Property, Breyer will, upon nxeiting the requirements, deliver a copy of the requircmcnts to Seller. Within S DAYS of receiving the copy of the requirements, Seller will notify Buya whether Seller will make the required repairs at Seller's expense. 1. If Seller t ud= the required repairs to the satisfaction of the trions age lender(s) or insurer, Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreement 2. if Seller will not make the required repairs, or if Seller fails to respond within the time given, Buyer will, within 5 DAYS, notify Seller of Buyer's choice to: a. Make the required repairs, at Buyer's expense, with permission and access to the Property given by Seller, permission and access may not be unreasonably withheld by Seller. OR b. Terminate this Agreement by written notice to Seller, with all deposit rrwnies returned to Buyer according to the terms of paragraph 30 of this Agreement. (F) Seller Assist X NOT APPLICABLE O APPLICABLE. Seller will pay. O S .0r % of Purchase Price, maximum, toward Buyer's costs as acceptable to the mortgage lender(s). MAMA, IF APPLICABLE (G) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless Buyer has been given. in accordance with HUDTHA or VA requirements, a written statement by the Federal Housing Commissioner, Veterans Administration, or a Direct Endorsement. Lender setting forth the appraised value of the Property of not less than S (the dollar amount to be inserted is the sales price as stated in this Agreement). Buyer will have the privilege and option of proceeding with consummation of the contraci without regard to the amount of the appraised valuation. The appraised %aluation is arrow-d at to determine the maximum mon. gage the Dgmun ant of Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the Property. Buyer should satisfy himselfluerself that the price and condition of the Property are acceptable. Warning: Section 1010 of ride 18, U.S.C., Department of Housing and Urban Development and Federal Homing Administration . Transactions. provides, "\i•'hoever for the purpose of ... influeticing in any way the action of such Department, makes, passes, unless or publishes any statement, Mowing the some to be false ... shall ba fined under this title or imprisoned not more than two years, or both" (H) U.S. DepaMnent of Housing and Urban Development (HUD) NOTICE TO PURCHASERS: Buyer's Acknowledgement ? Buyer has received the HUD Notice "For Your Protection: Get a Home Inspection:' Buyer understands the importance of Wiling an independent home inspection and has thought about this before signing this Agreement. Buyer u ndetswntis that FHA will not perform a btmte inspection nor guarantee the price or condition of the Property. (1) Certification 1Ve the undersigned. Seller(s) and Buyer(s) party to this tratimion 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 um?saction is attached to this Agreement. M---- -- a09 :13 '16 1.5 +a 'Yt •is 'S Ire 138 •z2 7. WAIVER OF CO.VTIMCENCIES (9-05) If this Agrement Is contingent on Buyer's right to Inspect and/or repair the Property, or to verify Insurability, environmental conditions, 1zu bodFadiis, cafiMd6 ts, Miiog tl IMItatitia ar 6P, or any tithe thforinatift Fegalding tht Property, Bttyelr's failure to exercise any of =5 Buyer's options within the times set forth In this Agreement Is a WAIVER of that contingency and Buyer accepts the Property and agrees to .46 the RELEASE In paragraph 27 of this Agreement. 8. PROPERTY INSURANCE AVAILABILITY (9-05) ;a 1K WAIVED. This Agreement is NOT contingent upon Buyer obtaining properly and casualty insurance for the Property, although Buyer may ' still obtain property and casualty insurance. ? ELECTED. Contingency Period: DAYS (15 if not specified) from the Execution Date of this Agrwncm :1 Within the Contingency Period. Buyer will nuke application for property and casualty insurance for the Property to a responsible insurer. Broker 152 for Buyer, if nay, otherwise Broker for Seller, may communicate with the insurer to assist In the insurance process. If Buyer cannot obtain _.: property and casualty insurance for the Property on terms and conditions reasonably acceptable to Buyer, Buyer will. within the Contingency 1:, Period: 4s (A) Accept the Property and agree to tine RELEASE in paragraph 27 of this Agreement, OR 1,7 (B) Terminate this Agreement by written notice to Seller, with all deposit mot its returned to Buyer according to the terms of paragraph 30 of this Agreement, OR (C) Emer into a mutually acceptable written agreement with Seller. If Buyer and Seller do not reach a written agreement during the Contingency Period, and Buyer does not terminate this Agreement by :. written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE In paragraph 27 of this Agreement. 9. INSPECTIONS (9-05) (.A) Seller will proAde access to insurcts' representatives and, as may be requited by this Agreement, to surveyors, municipal officials, and inspec- +e3 tors. If Buyer is obtaining mortgage financing, Seller will provide access to the Property to appraisers and others reasonably required by mon• gage lender(s). Buyer may attend any inspections. (B) Buyer may make a pre-settlement walk-through inspection of the Property. Buyer's right to this inspection is not waived by any other ptmision of this Agr emerit ce; (C) Seller will have heating and all utilities (including fuel(s)) on for all inspections. (D) All inspector, including home h9ioctora, an authorized by Buyer to provide a copy of any inspection report to Broker for Buyer. +t? (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. "a ITN Buyer Initial-- + A/S-R Pate 3 of 10 Seller Initials: Irk Revised 9105 tFi ???T >LL 172 172 10: i'NSPEC IONCONTINGENC-Y-OMONS("S) 173 The inspection contingencies elected by Buyer in paragraphs 11-15 are controlled by the Options set forth below. The time periods stated in 173 174 these will apply to all inspection, contingencies in parootaphs 11-15 unless otherwise stated in this Agreement. 174 Options 175 173 Option 1. Within the Contingency Period, as stated In paragraphs 11-15, Buyer will. 178 1. Accept the Property with the information stated in the report(s) and agree to the RELEASE in paragraph 27 of this Agreement. OR 176 177 1 If Buyer is not satisfied with the information stated in the report(s), terminate this Agreement by written notice to Seller, with all deposit 177 11e monies returned to Buyer according to the tams of paragraph 30 of this Agreement, OR 178 79 3. Enter Into a mlttnally acceptable written agreement with Seller providing for any repairs or improvements to the Property and/or any 179 1611 credit to Buyer at settlement, as acceptable to the mortgage lender(s), irony. 160 191 If Buyer and Seller do not reach a written agreement during the specified Contingency Period, and Bayer does not terminate this tat 132 Agreernent by written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE In paragraph 1&2 183 27 of this Agreement. 183 184 Option 2. Within the Contingency Period, as stated In paragraphs 11-15, Buyer will: tea s 1. Accept the Property with the information stated in the report(s) and agree to the RELEASE in paragraph 27 of this Agreement. OR •85 :36 2. If Buyer is not satisfied with the information stated in the report(s), present the report(s) to Seller with a Written Corrective Proposal -.ES 187 ("Proposal") listing corrections andtor credits desired by Buyer. The Proposal may but is not required to. include the name of* prop- 187 of erly licensed or qualified professional to perform the corrections requested in the Proposal, provisions for payment, including retests, and 1as i69 a projected date for completion of the corrections. Buyer agrees that Seller will not be held liable for corextions that do not comply with in IN mortgage lender or governmental requirements if performed in a workmanlike manner according to the terms of Buyer's Proposal, or by •93 tot a contractor selected by Buyer. at 192 a. Within days (7 if not specified) of receiving Buyer's Proposal, Seller will inform Buyer in writing of Seller's choice to: 192 193 (1) Satisfy the terms of Buyer's Proposal, OR 193 1S4 (2) Credit Buyer at settlement for the costs to satisfy the terms Of Buyer's Proposal, as acceptable to the mortgage lender(s), if any, OR 19: ;05 (3) Not satisfy the terms of Buyer's Proposal and not credit Buyer at settlement for the costs to satisfy the tams of Buyers Proposal. : ss 1 F-4 b. If Seller agrees to satisfy the terns of Buyer's Proposal or to credit Buyer at settlement as specified above, Buyer accepts the Property 190 147 and agrees to the RELEASE in paragraph 27 of this Agreement. 157 148 c. If Sella chooses not to satisfy the tams of Buyer's Proposal and not to credit Buyer at settlement as specified above, or if Seller falls 198 199 to choose any option within the line given, Buyer will, within..;-- days (5 if not specified): %; 209 (1) Accept the Property with the information stated in the report(s) and agree to the RELEASE in paragraph 27 of this Agreement. OR 2co z01 (2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of Para. 201 zp2 graph 30 of this Agreement. OR, '02 203 (3) Enter into a mutually acceptable written agreement veith Seller providing for any repairs or improvements to the Property and/or 203 M4 any credit to Buyer at settlement. as acceptabk to the mortgage knder(sk if arty. 2 205 If Buyer and Seller do not reach a %Tltten agreement during the time specified in Option 2, 2. c., and Bayer does not ter- 2o5 2cs mince this Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the 2os 207 RELEASE In paragraph 27 of this Agreement. 2K 2-n It. PROPERTY INSPECTION CONTINGENCY (9405) (See Property and Environmental Inspection Notices) 21J 209 Buyer understands that property inspections, certifications and/or investigations can be pafotmcd by professional contractors, home inspectors, 7t!9 210 engineers, architects and other properly licensed or otherwise qualified professionals, and may include, but are not limited to: structural compo- 2,0 211 netts; roof; exterior windows and exterior doors; exterior siding, fascia, gutters and downspouts; swimming pools, hot tubs and spas; appliances: 2n 212 electrical, plumbing, heating and cooling systems; water penetration; environmental hazards (e.g., mold, fungi, indoor air quality, asbestos, under. 212 213 ground stooge tanks, etc.); electromagnetic fields: wetlands inspection; flood plain verification; property boundary/square footage verification; 213 214 and any other item Buyer may select. Buyer is advised to investigate easements, deed and use restrictions (including any historic preservation 214 2:5 restrictions or ordinances) that apply to the Property and to review local zoning ordinances. Other provisions of this Agreement may provide for 215 216 inspections, certifications and/or investigations that are not waived or altered by Buyer's election here. 216 217 WAIVED. Buyer has the option to conduct property inspections, cetificatiora and/or investigations. Buyer WAIVES THIS OPTION and 717 216 agrees to the RELEASE in paragraph 27 of this Agreement. 211 V9 ?i ELECTED. Contingency Period: days (15 if not specified) from the Execution bate of this Agreement. 219 220 Within the Contingency Period, Buyer, at Buyer's expense. may have inspections, certifications and/or investigations completed by prupcr- 220 2z1 ly licensed or otherwise qualified professionals. If Buyer elects to have a home inspection of the Property. as defined in the Pennsylvania Home ::1 2?2 Inspection Law (sex Information Regarding the Home Inspection Law), the hone inspection must be performed by a full member in good stand. 2:2 ing of a national home inspection association or a person supervised by a full member of a national home inspection association, in accordance ::3 224 with the ethical standards and code of conduct or practice of that association, or by a properly licensed or registered professional engincer, or a 22j 225 properly licensed or registered architect. This contingency does not apply to the following exisft'conditions and/or items: re. .26 2_'a z2- 227 :20 (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. 229 lowing Options as listed in paragraph 10 within -the Contingency Period: 22a 230 vopdon 1 `.a 231 D 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 2:1 232 the RELEASE in paragraph 27 of this Agreement if the total cost to correct the conditions stated in the'report(s) is less than :3: 233 S (SO 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 Bmyces Proposal if Seller agrees to perform corrections z3- 235 or offer credits such that the cumulative cost of any uncorrected or uncredited condition(s) is equal to the Deductible Amount. 235 A/S-R Page 4 of 10 Seller Initials: T z?0 255 Buyer Initials: - C Revised ? ? - - 237 t57 12. WOOD RMESTATION INSPECTION CONTINGENCY (9-05) for wood infestation by an iaspxtor certified as a wood-destroying pests peso- zit !,a ? WANED. Buyer has the option to have the Property hV=W 39 ride applicator. BUYER WANES THIS OPTION and agrees to the RELEASE in paragraph 17 of this rlgreemcm. -9 29 e '?' ELECTED Contingency Period: days (15 if nor specified) from the Execution Date of this Agreement. ;: at Buyer's expanse, =y obtain a written "Wood-Destroying Insect Infestation Inspection Report" set >;t (A) Within the Contingency Period. Buyer, fiom an inspecar certified as a wood-destroying Pero pesticide applicaw and will deliver it and all supporting documents and drawings pro- 2:2 i 3 vided by the inspector to Seller. The report is to be made satisfactory to and in compliance with applicable laws, mortgage lender requirements, 2:: and/or Federal Insuring and Cauatmnteeiang Agerney tegtiirernetm. if any. The inspection is to be limited to all readily visible and accessible areas V., of all structures onbe Property except fences and the following structures, which atilt not be inspected:. 2:5 :5 7,6 7:6 s ex maYwithin the Contingency Period, obtain a Proposal from a wood- 2,7 ;;7 (B) If the inspection reveals active infestation(s). Buyer. at Buyer'pence, 2=8 2;8 destroying pests pesticide applicator to treat the Property within the Contingency Period, obtain '-? (C) if the inspection reveals damage from active or prcrzous infestation(s), Buyer, at Buyer's exprnse, may . a written report from a professional contractor, home inspector or structural engineer that is limited to structural damage to the Property caused zst by wood-destroyog organisms and a Proposal to repair andlor treat the Property. 251, 2.r (D) If Buyer is not satisfied with the condition of the Property as stated -in the written inspection report(s), Buyer will pierced under one of the fol- .s.? lowing Options as listed in paragraph 10 within the CattTiagrney paced: 2ss 25e ( Option ! us 25 ? Option 2 296 256 13. STATUS OF RADON (9-05) (see InfwalliiOn Regarding Radon) 296 257 (A) Seller has no knowledge concerting the presence or absence of radon unless chocked below: 258 ? 1. Selhx has knowledge that the Property was tested on the dates, by tie methods (c.g., charcoal canister, alpha track, etc.), and with the 25H results of all tests indicated below: 259 269 urics/lita or working levels).. 25C 260 DATE TYPE OF TEST RESULTS (PicoC 261 26a . X2 26 3 262 253 ? 2. Seller has knowledge that the Property underwent radon nednerion measum on the dates) and by the method(s) indicated below. DATE RADON REDUCTION METHOD ` 264 26s gas 266 266 M COPIES OF ALL AVAILABLE TEST REPORTS will be delivered to Buyer with this Agreenat SELLER DOES NOT WARRANT 2267 69 268 EITHER THE METHODS OR RESULTS OF THE TESTS. 269 (B) RADON INSPECTION CONTINGENCY 269 270 L , WAIVED. Buyer has the option to have the Property inspected for radon by a ratified inspector BUYER WAIVES THIS OPTION and 278 271 agrees to the RELEASE in paragraph 27 of this Agreement. 271 272 ? ELECTED. Contingency Period: days (15 if not specified) from the Execution Date of this Agaeement 272 273 Withln•the Contingency Period, Buyer, at Buyer's expense, may obtain a radon test of the Property from a certified inspector. if Seller 273 273 perforins aoy Mutt mediation. Seller will prowhde Beyer g cCtt fication that the reatediatioa was performed by a.I? rime--fly licensed and 274 certified radon mitigation company. 275 276 1. If the written test report reveals the presence of radon below 0.02 working levels or 4 picoCuriesiitcr (4 pCVL). Buyer accepts the 2,4 277 Property and agrca to the RELEASE in paragraph 27 of this Agreement. 277 271 2. If the written test report reveals the presence of radon at or exceeding 0.02 working levels or 4 picoCuries/Iitcr (4 pCi/L), Buyer will 276 276 proceed under one of the following Options as listed in paragraph 10 within the Contingency Period: 279 280 ? Option 1 280 291 E3 Option 2 261 2a2 14. STATUS OF WATER (9-05) 252 283 (A) Seller represents that the Property is served by: 283 2M (7; Public Mister ?sex 299 ? O"te Water 265 296 ? -Community water 286 267 297 13 bone U3 295 ? 259 (B) WATER SERVICE INSPECTION COI'TLNGE.NCY :a9 290 ? WANED. Buyer has the option to have an inspection of the quality and or quantity of the water system for the Property. BUYER WAIVES 2ao 251 THIS OPTION and agrees to the RELEASE in paragraph 27 of this_Agreernau. ?z 292 ? ELECTED. Contingency Period days (15 if not specified) from the Execution Date of this Agreement :s, 1. \Vitkin the Contingency Period, Buyer, at Buyers expense. may obtain an inspection of the quality andtoK quantity of the water sys- .ii 294 tem horm a properly licensed or otherwise qualified watedwdl testing company. 2N4 2?5 ? If required by the inspection compaw, Seller, at Sellars expanse, will locate and prm ide access to the on-site (or individual) water 295 296 system. Seller also agrees to restore the Property, at Seller's expense, prior to settlement 245 2s7 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 2.r eye one of the following Options as listed in paragraph 10 within the Contingency Period, ` 2.99 2yg ? Option 1 ,era ? Option 2 !1 % Seller Initials: 371 Sot Buyer Initials: ' A!S-R Page 5 of 10 Revised W" C LX$ T t? - - 302 S02 I5. STATUS OF SEWER (9-05) 303 t93 (A) Seller represents that the property is screed by: 304 rr -Public Sewer 305 !s ? individual On-lot Sewage Disposal System (sec Sewage Notice 1) !x ? Individual On-lot Sewage Disposal System in Proximity to Well (see Sewage Notice 1: see Sewago Notice 4, if applicable) 3116 307 337 ? Community Sewage Disposal System 307 3^.: ? Ten-Acre: Permit Exemption (see Sewage Notice 2) Jt 49 13 Holding Tank (see Sewage Notice 3) 309 510 ? None (see Sewage Notice 1) 311 .13 Nate Aveilable/Permit Limitations in Effect (see Sewage Notice S) 311 372 312 13 313 213 (B) INDIVIDUAL ON-LOT SEWAGE DISPOSAL MPECTION CONTINGENCY 3:4 ? WANED. Buyer has the option to have an inspection of the individual on-lot sewage disposal system for the Property. BUYER ;14 ;1; WANES THIS OPTION and agrees to the RELEASE in paragraph 27 of this Agreement. 2 t s El ELECTED. Contingency Period: days (15 i f not specified) f vat the Execution Date of this Agee emcnt - e 3:5 3:J 1. M,Ithln the Contingency Period, Bayer, at Bayer's expense. may obtain an inspection of the individual on-lot sewage disposal sys- :+1r "is tern from a qualified, professional inspector. 318 c 2. If and as required by the inspection company. Seller, at Sella's expense, will locate, provide access to and empty the individual out- 319 22U lot sewage disposal system. Seller will also restore the Property, at Sellers expanse. prior to settlc=nL M 321 ?. if the inspection report reveals defects that do not require expansion or replacement of the existing individual on-lot sewage disposal 1 ;22 system, Buyer will proceed under one of the following Options as listed in paragraph 10 within the Contingency Period: 32i ? Option 1 ;23 314 3N ? Option 2 4, 32 4. If the inspection report tcvcals the need to expend on replace the existing individual on-!d sewage disposal s. elm, Seller may. .•. .26 within -25 DAYS of receiving the inspection report, submit a %VrMm Corrective Proposal ("Proposal") to Buyer. The Proposal ..i will include, but not be limited to, the name of the company to perform the expansion or reThe ttent; provisions for payment, includ- 3:7 323 ing retests: and a pro-imed conviction date for corrective measures. «'ithin 5 DAYS of receiving Seller's Proposal, or if no 'e3 329 Proposal Is provided within the time given. Buyer will notify Seller in writing of Buyer's choice to: 22? 339 a. Agree to the terms of the Proposal, if any, whereupon Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of :.a 32, this Agreement. OR 332 b. Terminate this Agreement by written notice to Seller. with all deposit monies returned to Buyer according to the tarms of pars- 232 graph 30 of this Agreement. :33 32a c. Accept the property and the existing system and agree to the RELEASE in paragraph 27 of this Agreement, and, if mquircd by ]33 any mortgage lender and'or any governmental authority, correct the defects before settlement or within the time required by the 33e mortgage lender and/or governmental authority. at Buyers sole expense, and with permission and access to the Property given by ;,., Seller. permission and access ntay not be unreasonably withheld by Seller. If Seller denies Buyer permission and-or access to cor- rect the defects, Byer tray, within S DAYS of Seller's denial. terminate this Agreement by written notice to Seller, with all 3:S 3;a deposit It MiO retuned to 13y-•g accorLlng to ttrc terms ofpsrsgraph 3g of this Agree-nrnt.. 235 3:4 16. HOME WARRANTIES (9-65) >~a ;a: At or before settlement, either party may have the opportunity to pur,7hase a home warranty for the Property from a third-psrh• vendor. Buyet and :=1 3:2 Seller understand that a home warranty for the Property does not alter any disclosure ruluirements of Seller, will not cover or worrtmt any pre. •?u 34 2 existing defects of the Property, and will not alter, waive or extend any provisions of this Agreement regarding inspections o:r cettincation, that 't3 Buyer has elected or waived as pan of this Agreement. Buyer and Seller understand that the licensee, broker or mortgage tender who orders the acs 395 home wamnty may possibly receive a fee paid by the home warranty company. 3•:t 17. ZONING CLASSIFICATION & VERIFICATION OF USE CONTINGENCY (9-65) .-u (A) Failure of this Agreement to contain the zoning clacaification (except in cases where the property ;and each parcel thereof. if subdivid3ble, is 34! zoned solely or primarily to permit single-family dwellings) will render this Agreement voidable at Buyer's option. and. if voidd. any deposits ;-. 3s9 tendered by the Buyer will be returned to the Buyer without any requirement for court action. - Zoning CWslfication• - atiti (B) Contingency Period: _,_„ days (7 if not specified) from the Execution Date of this Agreement. INIthl_q the Conda=ency Period, Buyer, at Buyers expanse. :ray verifi that the present use i 1 of the Property is permitted. In the event the presert tug is rsot pcrmiu,-tl Buyer wilt; within the Coadngcncy Period. give Seller w•rrcn r > notice that the present use of :rte Prot, eery is not permitted and that Buyer will: I . Accept the Property and acme to the RELEASE in paragraph 27 of this Agreement, OR 2. Ten ninstc this Agreement by n;;t:en notice to Seller, with ail -posit monies retuned to Buyer arcc:ciing to the terms of paragraph 30 of this AgreametL If Buyer fails to respond wlibin the Contingency Period or does not terminate this Agreement by written notice to Seiler within that time. Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement. IL NOTICES, ASSESSMENTS & CERTIFICATES OF OC(:Up .NC%' (9-65) i% (A) Seiler represents. as of the date Seiler signed utis Abreari m, that no public improvement, condominium or homtCJw'ner association asses+mcros 2:. have been made against the Property which remain unpaid. and that no notice by any government or public authority has l+cet? :creed upon Seller or. anyone on Seller's behalf, including notices relating to violations of zoning, housing, building, %afety or fir. ordinances the! rcntam ur ctr- reeled, and that Seller knows of no condition that would constitute a violation of any such ordinances that remain unxareccad, unless rile +% i.e specified here: ;,t. (B) Seller knows of no other potential notices (including violations) and or assessments except as fullo-..s: ,_: Buyer Initials: kl:Wt Page 6 or In Seller Initials: Revtted 9/" CEx??4?r t5 70 71 73 76 r 7a wt ;53 %k; 966 U7 339 A. 731 '92 :92 3E, :5; i's 399 402 403 :tu :?l 415 iii a;a :z? i :zee cu a31 :32 433 .134 435 (C) In the event any novas (including iiolations) attdriii- as3esstni:du are rccaved ate' Seller has signed this Agreement and before settlemenk 569.. Seller will provide a copy of the notices and/or assessments to Buyer and will notify Buyer in writing within 5 DAYS of receiving the 370 notices and/or assessments that Seller will: 371 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 assc aments. Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreement. OR 373 2. Not comply with the notice; and/or assessments. If Seller chooses not to comfy with the notices and/or asscssatents. or fails within the 374 time given to notify Buyer whether Seller nip comply. Buyer will notify Seller in writing within _ 5 DAYS that Bayer will: 3:3 a Comply with the notices "'or assessments at Buyer's expense, accept the Property. and agree to the RELEASE in paragraph 27 of 376 this Agreement, OR 377 b. Terminate this Agreement by written notice to Seller, with all deposit monies stunted to Buyer according to the terms of paragraph 37e 30 of this Agreement. 379 If Bmea• fails to respond within the time stated In paragraph 18 (C) (2) or falls to Tminate U& Agreement by written notice to -29 Seller within that time, Buyer will accept the Property and agree to the RELEASE In paragraph 27 of this Agreement. %31 (D) If required by law, within 30 DAYS from the Execution Date of this Agreement, but in no case late: than 15 days prior to settlement, Seller .5z will order at Seller's expense a certification from the appropriate municipal department(s) disclosing notice of any uncorrected violations of zon- .33 ing, housing, building, safety or fire ordinances and?or a certificate permitting occupancy of the Property. If Buyer receives a notice of any -s. required repairslimpt,ovc tents. Buyer will promptly deliver a copy of the notice to Seller. is 1. Within 5 DAYS of receiving notice from the municipality that repairs/'unprovements are required, Seller will notify Buyer in writ- :z6 ing that Seller will: 1F7 a. Make the required repairsrmprovernents to the satisfaction of the municipality. If Seller makes the required repairstimpromments, ;,e: Buyer accepts the Property and aznms to the RELEASE in paragraph 27 of this Agreement. OR b. Not make the required repairs improvements. If Seller chooses not to make the required mpairsAmprovements. Buyer will notify ?-? Seller in writing within _ 5 DAYS that Buyer will: (1) Make the repairs5mprovements at Buyer's expense, with permission mad access to the Property given by Seller, which will not be unreasonably Mthheld, OR (2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of para. graph 30 of this Agreement. If Buyer falls to respond within the time stated in paragraph 18 (D) (1) (b) or fails to terminate this Agreement by written notice :ss to Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agmment, and Buyer :-- accepts accepts the responsibility to perform the repa)rs/impromments according to the terms of the notice provided by the municipality. jay 2. If Seller denies Buyer permission to make the required repairstimpruvements. or does not provide Buyer access before settlement to make . the required repairs/improverncrits. Buyer may, within 5 DAYS, terminate this Agreement by written notice to Seiler, with all deposit , f: monies returned to Buyer according to the terms of paragraph 30 of this Agreement a0t 3. If repairs/improvements are required and Seller fails to provide a copy of the notice to Buyer as required in paragraph 18 (D), Sella will .;? perform all rcpairstimprovernmts as required by the notice at Seller's expense. Paragraph I8 (D) (3) w•iU survive settlement. (E) Access to a public road may require issuance of a highway occupancy permit from the Department of Trangronation. :.t 19. TITLE, SURVEYS & COSTS (9-05) '``' (A) The Property will be com eyed with good and marketable title as is insurable by.a reputable title insurance company at the regular rates, free and 06 that of all liens, awumbtsaccs, and easements; EXCEPT-INN HOWEVER the following; existing dead restrictions: historic preservation :;7 restrictions or ordinances; building restrictions; ordinancer, casements of roads; easements visible upon the ground; casements of record; and :: F =U° privileges or rights of public service companies, if any. (B) Buyer will pay for the following: (1) Title search, title insurance and/or mechanics' lien insurance, or any foe for cancellation; :.. (2) Flood insurance, fire insurance with extended coverage, mine subsidence insurance. or any fee for cancellation: (3) Appraisal fees and charges paid in advmnce to mortgage lender(s); (4) Buyer's customary settlement costs and accruals. a., (C) Any survey or surveys required by the title insurance company or the abstracting attorney for preparing an adequate legal description of the Property (or the correction thereof) will be obtained and paid for by Seller. Any survey or surveys desired by Buyer or required by the mortgage lender will be obtained and paid for by Buyer. (D) If Seller is unable to give a good and marketable title and such is is insurable by a reputable title insurance company at the regular rates, as specified : . in paragraph 19 (A). Buyer will: .7 1. Accept the Property with such title as Seller can give, with no change to the purchase price, and agree to the RELEASE iii paragraph 27 of this Agreement, OR . 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terns of paragraph 30 of this Agreement Upon tamination, Seller will reimburse Buyer for any costs incur,ed by Buyer for any inspections or certifications obtained according to the terms of this Agreement. and for those items specified in paragraph 19 (B) items (I1. (2), (3) and in paragraph 19 (C). :a (E) The Property is not a "recreational cabin" as defined in the Pennsylvania Construction Code Ace unless otherwise stated here user Information <. )regarding Recreational Cabins): 20. g?1DOMLNIUM/PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) RESALE NOTICE (9-05) NOT APPLICABLE ? APPLICABLE: CONDO 9INiUNI. The Property is a unit of a condominium that is primarily run by a unit owners' assercimiom §3407 of the Uniform Condominium Act of Penns)4%w-ja (see Information Regarding Condominiums and Planned Communities) requires Seller to furnish _ Buyer with a Certificate of Resale and copies of the condominium declaration (other than plats.and plans), the bylaws and the rules and regula• tions of the association. ? APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOCIATION). The Property is pan of a planted community as defined by = + the Uniform Planned CommunityAct (see Information Regarding Condominiums and Planned Communities). $3407(x) of the Act requires 43e Seller to furnish Buyer with a copy of the Declaration (other than plats and plans), the bylaws the rules mid regulations of the association. and :a: a Certificate coruai 'ng the provisions set forth in §5407(a) of the Act. Buyer laaials: A/S-R Page 7 of 10 Seller lnithdr. Revised 9/05 C?Ex?,a;r a? 431 136 THE FOLLOWING APPLIES TO PROPERTIES THAT ARE PART OF A CON'DOMINiMI OR A PLANNED COMMUNITY. M - (A)-Wt ffim 13 - DAYS f=oal rile F?ati?t Date of this7?gecmrnt: Seller. at Selier?s?atprnse; txi11 request from the association a Ca?tificate-of . asp - .47 :46 Resale and any other documents necessary to enable Seiler to comply with the relevant Act. The Act provides that the association is required to 38 439 139 provide these documents within 10 days of Seller's request (B) Seiler will promptly deliver to Buyer all documents received from the association. Under the Act, Seller is not liable to Buyer for the failure of 440 :41 the association to provide the Certificate in a timely manner, nor is Seller liable to Bayer for any incorrect information provided by the associ- 4-1 4:x 142 atiou in the Certificate. U3 (C) The Act provides that Buyer may declare this Agreement VOID at any time before Buyer receives the association documents and for S days affix 443 receipt, OR until settlement, whichever occurs firsL Buyer's notice to Seller must be in writing; upon Buyer declaring this Agrecmeni void, all -44 445 deposit monies will be returned to Buyer axording to the terms of paragraph 30 of this Agrecmait. 445 ;.6 (D) if the association has the right to buy the Property (right of first refusal), and the association exercises that right, Seller will reimburse Buyer for -.6 any costs incurred by Buyer for any inspections or certifications obtained according to the terms of the Agreement, and any costs incurred by Buyer :<< 44s for: (1) Title search, title insurance and/ormechanics' lien insurance, or any fee for cancellation; (2) Flood insurance and/or rim insurance with :49 4;y extended coverage, mitre subsidence insurance, or any fee for cancellation; (3) Appraisal fees and charges paid in advance to mortgage lendur(s)• --9 453 21. MAINTENANCE & RISK OF LOSS (9-05) 451 t (A) Seller w-11 maintain the Property, gmunds, fixtures and personal property specifically listed in this Agreement in its present condition, normal .51 452 wear and tear excepted. :52 4si (B) If any system or appliance included in the sale of the Property fails before settlement, Seller will: 453 :5s 1. Repair or replace the failed system or appliance before settlement OR 454 cs; 2. Provide prompt written notice to Buyer of Seller's decision to: "5 ;56 a. Credit Buyer at settlement for the fair market value of the faikd'system or appliance, as accepmble to the mortgage lend=(s), if arty. OR 456 ;57 b. Not repair or replace the failed system or appliance, and not credit Buyer at settlement for the fair market value of the failed system -`t7 ;ts or appliance. 459 459 3. If Seller does not repair or replace the failed system or appliance or agree to credit Buyer for its fair market value, or if Seller fails to ncti- fib e50 fy Buyer of Seller's choice, Buyer will notify Seller in writing within 5 DAYS or before settlement, whichever is earlier, that Buyer 46o 461 will: -0 462 a. Accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, OR :62 463 b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 463 44 30 of this Agreement 64 165 (C) Seiler beats the risk of loss from fire or other camtries until settlement. If any property included in this sale is destroyed and no replaced, Buyer will: 4(4 156 1. Accept the Property in its then current condition together with the proceeds of any insurance recovery obtainable by Seller, OR 4 66 4'57 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of 467 .56 this Agreement. :63 469 22. COAL NOTICE (Where Applicable) 469 470 Tits DOcuL-,T %LAY \ar sal., co%%,E1; TRANSFER, INCLUDE OR NSURE THE TITLE TO THE COAL AND RIGHTS OF SUPPORT I NDERNEATH THE SU'RFAICE LAND :70 471 DESCRIBED OR REFERRED TO ITEREK &ND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL SUCH COAL AND 471 :72 IN THAT CONNECTION, DAMAGE 1Al' RESLLT TO THE SURFACE OF 771E LAND AND A\'! .HOUSE, BUILDING OR OTHER STRL•CTURE OX OR IN SUCH LA\n• (This 473 notice is set forth in the manner provided in Section 1 of the Act of July 17, 1957, P.L. 984.) "Buyer acknowledges that he may not be obtaining the 73 474 right of protection against subsidence resulting from coal minting opsralb Altd that: the prmM described burin Imy prpjgclo from dam m :7 =75 due to mine subsidence by a private contract with the owners of the economic inte=rests in the coal. This acknowledgement is made for the purpose 475 of complying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Consenatiom Act of April 27,1966 ' Buyer agrees -'S as 417 to sign the deed from Seller which deed will contain the aforesaid provision. 41-1 75 47e 23. POSSESSION (9-05) 479 (A) Possession is to be delivered by deed, keys and: 480 1. Physical possession to vacant Property free of debris., with all structures broom-clean, at day and time of settlement, AND/OR ==0 _51 2. Assignment of any existing lease(s), together with any security deposits and interest, at day and time of settlement, if Property is lemcd at :ei 48x the execution of this Agreement, unless otherwise stated in this Agreement -2 4_3 (B) Buyer will acknowledge existing lease(s) by initialing the lease(s) at the execution of this Agreement, unless otherwise specified herein. i3 464 (C) Seller will not enter into any new leases, extension of existing leases or additional leases for the Property without the written consent of Buyer. -54 433 24. RECORDING (9-05) This Agreement will not be recorded in the Office of the Recorder of Deeds or in any other office or place of public record. -s5 :96 If Buyer causes or permits this Agreement to be recorded. Seiler may elect to teat such act as a breach of this Agreement. -46 25. ASSIGN33ENT (9-05) This Agreement is binding upon the parties, their heirs, personal representatives. guardians and successors, and to the extent 3' 4:6 assignable, on the assigns of the parties hereto. Buyer will no transfer or assign this Agreement without the written consent of Seller unless other- -:9 wise stated in this Agree nem. -" 490 26. GOVERNING LAW, VENUE & PERSONAL JURISDICTION (9-05) 49t (A) The validity and construction of this Agreement, and the rights and duties of the parties, will be governed in accordance with the laws of the 192 Commonwealth of Permsylvania. 493 (B) The parties agree that any dispute. controversy or claim arising under or in connection with this Agreement or its performance by either party 'S4 :94 shall be decided exclusively by and in the state or federal courts sitting in the Commonwealth of Pennsylvania. -h 27. RELEASE (9-05) :u3 Buyer releases, quit claims and former discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES and any OFFICER or :97 PARTNER of any one of them and any other PERSON, FIRIXI,or CORPORATION' who may be liable by or through theta, from any and = :e6 all claims, losses or demands, including, but not limbed to, personal Injury and property damage and all of the consequences thercoG whether :99 known or not, which may arise from the presence of termites or other wood-boring insects, radon, lead-based paint hazards, mold, fungi or 5?0 indoor air quality, emironmental hazards, any defects in the lodhidual on-lot sewage 'disposal system or deficiencies in the aim-she water scn•- sss 501 ice system, or any defects or conditions on the Property. Should Seller be In default under the terms of this Agreement. or in violation of any-'' 5:2 seller disclosure lair or regulation, this release does not deprive Buyer of any tight to pursue any remedies that may be available under la 5e: or equity. This re ill sunive settlement. Buyer Initials: A/S-R Page 8 of 10 Seller Initials: ?, Revised 9105 505 505 28. REPRESENTATIONS (9-05) s06 (A) All represcniations, cfauns. ad ertismg. Pro ittof - acfivtucs, bnoclttues or p-3 of arty kind -made by Seller. Stokers; their licensees, employ- s06 $07 ecs, officers or pan= arc not a part of this Agrrxmcnt unless expressly incorporated or stated in this Agreement. Ibis Agreement contains the so7 scs whole agreement betweert Scller and Buyer and there are no other terms, obligations, covenants, representations, statements or conditions, oral s;a ;es or otherwise, of any kind whatsoever concerning this sale. This Agreement will not be altered, amended. changed or modified except in writing sea $to executed by the parties. cto Sit (B) Unless otherwise stated in this Agreement. Buyer has inspected the Property (including mixtures and any personal property specifically ;,t 512 listed herein) before signing this Agreement or has waived the right to do so, and agrees to purchase the Property- W ITS PRESET : !2 513 CONDITION. Buyer acknowledges that Brokers, their licensee% employees, officers or partners have not made as Independent exam- s,3 514 ination or determination of the structural soundness of the Property, the ape or condition of the components, environmental conditions, 5i! sty the permitted uses or of conditions existing in the locale where the Property is situated; nor have they made a mechanical inspection of :•,i 516 any of the systems contained thereln. -16 517 (C) Any repairs required by this Agreement will be completed in a workmanlike manor. .515 (D) Broker(s) have provided or may provide services to assist unreprescmed parties in complying with this Agreement. SIB st, 29. DEFAULT (9-05) `I0 520 (A) Seller has the option of retaining all sums paid by Buyer, including the deposit monies, sbould Bayer: 520 521 1. Fail to make any additional Payments as specified in paragraph 3, OR 521 _22 2. Furnish false or incomplete information to Seller, Broker(s), or any other party identified in this Agreement concerning Buyer's legal or 522 523 financial status, OR 5a !24 3. Violate or fail to fulfill and perform any other terms or conditions of this Agreement. `i 526 (B) Unless otherwise checked in paragraph 29 (C), Seller may elect to retain those sums paid by Buyer, including deposit morics: 526 1. On account of ptuchase price, OR sn ' As monies to be applied to Seller's damages. OR 5417 528 As liquidated damps for such breach. 523 Sa (C) SELLER IS LIivUM TO RETAIMNG SU3IS PAID BY BUYER, INCLUDING DEPOSIT 51ONIE4, AS LIQUiDA7 ED DAMAGES. :: 530 (D) If Seller retains all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to paragraph 29 (B) or (C), Buyer and Seller :?e 5s/ are released from further liability or obligation and this Agreement is VOID. 5'm 5-,2 30. TERAfINATION & RETURN OF DEPOSITS (9-05) 533 (A) Where Buyer terminates this Agr+eeme m pursuant to any right granted by this Agreement, all deposit monies paid on account of purchase price 553 will be rcttimed to Buyer and this Agreement will be VOID. The broker holding the deposit !tonics may only release the dcposit monies accord- sm 535 ing to the terms of a My executed written agreement between Buyer and Seiler and as permitted by the R01cs and Fegulations of the State Real 53S Estate Commission. SU 537 (B) If there is a dispute over entitlement to deposit monies, a broker is trot legally permitted to determine if a breach occurrad or which party is cnti- :37 Sm ded to deposit monies. A broker holding the deposit monies is requited by the Rules and Regulations of the State Real Estate Commission to -:3 5:9 retain the monies in cscrow until the dispute is resolved In the event of litigation over deposit monies, a broker will distribute the monies accord- 3:e 540 ing to the terms of a final order of court or a written agreement of the panics. Bayer and Seller agree that, Kam broker or affiliated licensee is 541 joined in litigation regarding deposit monies, the attorneys' fees and costs of the broker(s) and licensee(s) will be paid by the par joining them. s t 542 31. REAL ESTATE RECOVERY FUND (9-05) E43 A Real Estete Rccovory Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real estate licensee 544 owing to fraud. misrepresentation, or deceit in a real estate transaction and who have been unable to collect the judgment aficr exhausting all legal =:: a5 and equitable remedies. For complete details about the Fund, call (717) 783-3658 or (800) 822-2113 (within Pennsylvania) and (717) 7934854 (out- _, 54; side Pennsyhania). 546 547 32. MEDIATION (9-05) `"r (A) -Unless otherwise checked in paragraph 32 (D). Buyer and Seller will submit all disputes or claims that arise from this Agr=nwnt to mediation ;4a 539 in accordance with the Rules and Procedures of the Horne:Selle mliome Buyers Dispute Resolution System. Any agreement reached through 5;0 mediation and signed by the patties will be binding (see Information Regarding.Mediation). 5so (B) Buyer and Seller have received, read. and undcwumd the Rules and Procedures of the Home Scllersr}iome Buyers Dispute Resolution System. 552 (C) Any agreement to mediate disputes or claims arising from this Agreement will sun ive settlement. ^2 553 (D) , MEDIATION IS NY.AI VED. Buyer and Seller understand that they may choose to mediate at a later date should a dispute or claim arise. °.-t 554 but that there will be no obligation for any party to do so. =5 33. RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT NOTICE (Required for properties built before 1979) (9-05) 5;5 Lead-Based Paint Hazards Disclosure Regnirementr. The Residential Lead-Based Paint Hazard Reduction Act requires any gcller of prop. ,s, erty built before 1978 to provide the buyer with an EPA-approved lead hazards information pamphlet titled Fmreci Your Famih•,iront Lend in )bur ;;a Home and to disc' lose to the buyer and the broker(s) the lmown presence of lead-based paint and 'or lead-based ;saint It=ds in or on the proper- :.. :c9 ty being sold along with the basis used for determining that tbt hazards exist, the location of the hazards, and the condition of painted surfaces. a: Any seller of a prey 1978 structure must also provide the buyer with any records or reports a%-3ilablc to the seller rcprding lead-baled paint and or lead-based paint hazards in or about the p:opetty being sold. the cQm:non sreas, or other residential dwellings in multi-family hulusin_ Before a buyer is obligated to purchase any housing constructed prior to 1978. the Act requires the seller to give the buyer 10 days (unless huy.•r and sell- er agree in writing to another time period) to conduct a risk assessrncrtt err inspection for the presence of Icad-based paint and or lead-hased paint : . hazards. The opportunity :o conduct a risk ussessment or insp:ction rnay,be waived by the buyer. in writing. Neither testing nor shatemcnt is :. 55 required of the seller. Housing built in 1973 or later is not subject to the Act. ;s: O NOT APPLICABLE. Property was built in 1978 or later. V1 J ' APPLICABLE. Property was built before 1978. Broker must attach. the Lead-Based Paint Hazards Disclosure and Inspection " sit Contingency Addendum (P.kit Form LPA) or another acceptable form with the information required by the Act, and provide Buyer MCI Ibur Famiip from lead in )bur Awnes Buyer(s) must initial below that they have received both documents; the pamphl ;±t. 'WW.4p? Lead-Based Paint Hazards Disclosure and Inspection Contingency Addendum (attached as part of this Agreement). Prorect )iaur Fumilrih'. Lead in )bur Home s^: Buyer Initials- .VS-R Page 9 of 10 Seller Initials: ?yReviled 91055 EX/4I W T -- - 73 74 7S 76 77 3 79 60 81 S2 i83 S4 i85 i86 isr Boa 5.39 54D Set 592 593 594 S95 5596 597 596 34. SPECIAL CLAUSES (1-02) (A) ng-rollow ing-are-part of tltis-Agreement if checked: O Sale & Settlement of Other Property Contingency Addendum (PAR Fort SSP) ? Sale & Setdc=t of Other Property Contingency with Rigbt to Condmo Marketing Addendum(PAR Form SSP-C M) (B) ? Settlement of Other Property Contingency Addendum (PAR Form SOP) ? Tenant-Occupied Property Addendum (PAR Form TOP) ? ? Buyer and Seller acknowledge receipt of a copy of this Agreement at the time of signing. 573 S74 5 576 517 575 _±n 5A0 c91 582 552 394 5:5 5S6 27 He 569 E99 591 592 993 $94 555 596 S97 :e8 59a NOTICE TO PARTIES: WHEN SIGNED, TM AGREEMENT IS A BINDING CONTRACT. Parties to this transaction are advised to consult 53; 6x an attorney before signing If they desire legal advice. 600 511 Return by facsimile transmission (FAX) of this Agreement, and any addenda and amendments, bearing the signatures of all parties, constitutes Got 02 set acceptance by the parties. ws 3 Buyer has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35336. rr.1 Buyer has received a statement of Buyer's estimated dosing costs before signing this Agreement. _cs E05 Buyer has read and understands the notices and explanatory Information in this Agreement. 635 Buyer has received a Seller's Property Disclosure Statement before signing this Agreement, if required by law (see information Regarding 605 E^7 607 the Real Estate Seller Disclosure Law).,s 62 jr Buyer has recehed the Deposit Money Notice (for- cooperative sales when Bmker for Seller Is holding deposit money) before signing this 609 Agreement. :10 610 511 512 613 BUYER DATE 614 'AIIINESS BUYER DATE 614 615 Seller has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35336. 616 9 Seller has received a statement of Seller's estimated closing costs before signing this Agreement. 617 Seller has read and understands the notices and explanatory Information in this Agreement. 618 SELLER'S IsWUNG ADDRESS: 519 615 5t6 nil 6:0 :i9 «TTIti'ESS SELLER DATE 620 621 SELLER DATE r -Q 621 WITNE 522 WTl ?E SELLER DATE_ A/S-R Page 10 of 10 Revised 9/05 L ? ? a SELLER`$ COPY BUYER'S MAILING ADDRESS: LtE DATE_ OFAGREEmENT 77 1; 5EI LER'S DISCLOSURE Seller has no l.rtnr'r'tedge-?ncerdMg the p-resatcc oflead-based mint and/or lead-based Pain[-h.vards in or about the Property, .unicss checked be3ow: D .Seller bas.}ntawledge of the prescne? of lead based paint and/or lcacl-based patnf hazsrcis ur or about the Prciperty. (Provide the basis for nett rttttr?itig that lead batcci paint and?or hazan3s:uxtst, cite locativn(s)< the condition of the painted surfaces, and ocher avnilable inforrna- dan coneeslting SeTlcr's. L:ho_ ledge of 3hc.presctic6 of 1eac3 biu -.paint andJttrlead=bated paint hazards' . E1t'S RICOItDS/REAt}RTS Seller bas n©re+rords or t?egorfs pertaining w Iad?based paint andr`or ttd-based past-hazards in ar abaul:thc Propeerty, uttIon eheclaed eltn?. D Seiler- tits providei3 ?uyeru ith all available records and reroM_rtigar&g lead-bass paint and/of lead-bused paint hazards in araboul the Property::(lastA uments):. _ .;. _ 13 VS t1iCKN0!'4tf EpGl?1E?,"T Buyer has rccc4Td the pamphlet Protect Yom- Fwmlt-.?mrr1 Lr?Clc? rra linir Honie and has: read the Lead Wtirning Statement on the franc of this form, Buyer}tas rt?lcsi ed SeUrr's disclosure of know nlcad paittEattdr'or lead-h:sscd paint ha?ttrds in paragrmpb I acid has received.llto records and reports re_eardinalead-based paint an&or lead-bt ° paintlia Ara. identified. in para?,raPh 2. 4. LENDBASED 1?_AINT ASSESSA EINT/r?\ISPECTtON CON-MCENC1' $ugcr ac1?noi<ledges that bef rc Bayer is oblisatcd to buy a residentiiil du cuing built bef fib, l3uycr has l U DM'S funl?ss otlicards, ncgn Uat6d) W opntluet a.riA assessment and?'or impeetion of tltc Property for the presence of ba;>ed palm andEorlead-hosed paint: hazards. b? ?VA_ly I i. Bu}nor understands that Bttvcrhr>_sthe right io conduclsri.5k;tssessm and or nsPerti to of the Property to determine tltc.pres r. ence-cif lead .t se paint:and=orlead-baluipaint h? sdS. g?7'ER N't?a1?rES, IS RTCH-t' and aerees`to the terms of the RELEASE pars- aph of ibis- re0ment _ ? ELECTED Contlneency Period:- In tlavs faith ilze Exacutinn'Pate-of this.Agreement. {A) -Within theConting mey_Penod, Buyer, at Bu} er s espcnsc, trnty choose to obtain arid: asscsstn6t and/or inspection of the Propett for lead-based paint artdlodead-based paint hazards; (B3. VVlthiA rlteCotttin encv I'cnod, t3uvcrmay dc1tverto Sella a written list of The spc?cifrClraza dour conditSnns cited ui the fetiortand :. those.earrections re9uested by Buyer; along rjth.a copy oftlte iisk nssessmentand}or tnspectan n.•ptrrt< (C) 5ellerztayvithiti- 7 DAYS of receiving, the list and rcpon(s), submit antten Cotttn Proposal {"Propog '?tn proposal will include, bur natbe limited t4;:lice-corrections to be pcrJbnned, the name offhe,remedialion compay and l:i j.ected inspector thm crnrectrve tttcasores completion' dale for corrective measures. Seller A ill'proiddc certification front a risk itsscssor M liaiaelaeen satisfactorily complcted'ora or before the projected completion dale. (D1 If Seller submits a Proposal Buyer:w U, -,Nithin i DAYS:, 1. Accept the Proposal and ire Property in tvriting,_and agave to the terms af'the RELE.?SE Paragraph of this A eattent, OR T.cmiinate this Agreement by +ritien notice ro Seller,,,i°ith all deposit monies returned to Buycr according tn:thc limits of the-`fFit, OF DEPOSITS- par•agrtf th of this A-_rcement - ivih`1AT10N & RETURN (E) If Seller does not-submit taTnposal %vilhjn t#tc time set forth in puragraph (C) abnN?e, Buy©r-ith11. }??itbirt `_ D I_ Acieeptthe Pr6pe4y;in;t?rtting with the7ntormatian stated to flee reporl?s) and ag=ree to The terms of the RELEASE partrraph-of this Agrec=nt., OR _ 2. Tciaunate *1,; Agreemvnt by written notice w Seller, ?ritli all deposit monies returned to ,13uycr accorditt; to the terms of dteTElt A1Ih1ATiQN RETtSRti OF DEPOSITS, paragraph of,iltts Aert:einenl if Bmer faits to r»se tint US 13ui re's opdunc or to leri mite this Agreement within any of the tithe pen s stated in this pars apli,Boycr ti?i11 s,cceptihc Yrape rty and agree to the 1crns of the RELE,SE paragrstph ci titis;Agteement, 5. BRO"K' RA l1.iC N5EES.' CERTII IC?TIQ tiS The under vgned Lteen>ees i&6Ived it, this ttanaacucrn. on behalf of thenieeh is and their br<iker,, certify thatxheir statemotitc arc true to the best of theirknut?k gt andbehef The Uccnsee_s involved in this transaction ]love informed Seller ofScliei s obligations =derthe Residential Lcad-Based t=aint-Hazard Rcduction.Act, 42,t1.S C. 5 1152(4). and are aNan oftheirreNpon- sibility to enure Compliance. 6; R1 YERA. ELLER £ERTffICATION By signing lltisAddcndum Btttierand Sella cenify the accuracy of their respective statements, to the best of iftt~ir`Icnowledge. s-`? ,; BUYER'' DATE -? WYMS -;Z Y nAl ¦ , JACK GAUGHEN REALTOR® ERA® Dave Heffron REALTOR Multi Million Dollar Producer 3915 Maded Street Camp H114 PA 17011 .• 71746i-48W Office 717-608-2561 Cell '-? 717-761-1495 Fax ¦¦¦ dev"effronggr=m hW ron wwwjgccom/dave. ERA ARL n (Ext+i p?T A? RECEIPT FOR PAYMENT Cumberland County Prothonotary's Office Receipt Date 12/16/2010 Carlisle, Pa 17013 Receipt Time 8:09:51 Receipt No. 252500 TUSO THOMAS G (VS) FOREMAN LAURA Case Number 2010-07724 Received of PD CASH PLFF MJM Total Non-Cash..... + Total Cash......... + Change ............. - Receipt total...... _ .00 91.00 $91.75 ------------------------ Distribution Of Payment -------- -------------------- Transaction Description Payment Amount APPEAL D.J. 55.00 25 CUMBERLAND BUREAU OF CO'GENERAL FUND RECEIPTS AND CONTROL TAX ON APPEAL SETTLEMENT . 8.00 CUMBERLAND CO GENERAL FUND AUTOMATION FEE 5.00 50 23 CUMBERLAND BUREAU OF CO AUTOMATION FUND RECEIPTS AND CONTROL JCP FEE . $91.75 J U.S. Pc)stal Se? vice, e. co NOWWWW"No rl- '-UIFFUtIAI USE Po FEW NEW CUMBERLAND, Pennsylvania 1• s postage 413487007700 80099 j CWdWFft 12/17/2010 (800)275-8777 02:42:22 PM , -Sales Receipt o Sale Unit Final O psbtftd Product , ?. Description Qty Price Price c ?R ? 54 2009 Forever 1 $8.80 $8.80 Tote) Postage a Fen $ Stamp _P_SA M SOW TO ja Dbl -Sd Bkl t ! o- ??14 D?CEl77?r'l? 1 $0.44 $0.44 I o 440 F1PE, Thar?csglving o or??nw. 6.1 R) G ?r $0.442O/IL' ?6 Q i -D CPHILL PA 17011 AMP Zone-1 First-Class f Letter 0.30 oz. Return Rcpt (Green Card) $2,80 Certifi Label ed 70093410000156067814 Label Issue PVI: - $5.54 Total: $14.78 Paid by: Cash $20.00 Change pus: -$5.22 Order stamps at USPS.com/shop or call •1-800-St 24. Go to USPS.com/clicknship to print shipping labels with postage. o it For other information call 1-800-ASK-USPS. xxz?c>rx?***??txx**?*:**xxax?x?r:?**xx*?**** - Get your mail when and where you want it with a secure post office Box. Sign up for a box online at usps.com/pobaxes. rrx??c?rtctr?x*xx*?tx**xx**m*zxxr?xxxxx*tx*??crcxy,? Bill#: 1000100526713 Q Clerk: 06 All sales final on stamps and postage } servi RefuThhank youu forr youurr business only \ v Note: Express Mail refund restrictions in c effect for mailing dates Dec. 22 - 25 - o ,:?exx*x*x:**?*x*xx:?t*xycx?csxx:xxxrc>Y*s?rxxx J? 'X*'X1i*'R*1t'K'XX*k'A'*'X?'R**'K*'X'K'X'K'A'Jl'**'KK*%X'7CX*7K71t Q HELP US SERVE YOU BETTER a Go to:.https://postalexper.ience.com/Po§ TELL US ABOUT YOUR RECENT Q POSTAL EXPERIENCE C R YOUR OPINION COUNTS 0 = (? x*rrzs?cxx*xa**:**ycxsxxtcx><r:*?rx*rcxxxxxm ? 3 ;x*?rx?xx?c?r?*xx?rxx?ca?xxxx?ax?a*?cx?c***x**** ?D 2i z Customer Copy p o a S o E S' E =U `V ?t?7 . Check Images Account 50 PLUS CHECKING ("7589) Check Number. 2948 Date Posted: 10/13/2010 Amount $79.75 Zoom In @L Zoom. Q Print ?t 29se = ?? rraee noon Q My,ow ra a ?i-o? - $ pylifff"FF A 14 NK B B ClUtt. [+iP?df ?OdL30L86?: 5i 320 a Niq ? 3L•iFS fi ?i-f{: .d ?`•: F•Y:: 1 'ORE Yt7UR DUPLICATE CHECKS IN YOUR CHECK BOX l9Trwat r ...... ? ux-Dwwrmu n A 2948 ? Ckre" ? Fwd ? Trermportatloe . ? CreM Card ? UNfies ? M x%ne ? Entwb&.wnwd ? insurance ? other.- , j /iuXr?ce Bank Ltd, Great Bream ff++ ??pp nna FOFW4ARO T?es-Ir9a BALANCE OTHER x added saaiity. your nerve and account nenber do not e ? We coAc NOT NwanABLE .. _ ?_?_?_t _>> .....n.,..,??.,F?.,Z?nr,V,,,T?T?TPl11rnnCTlh?rl/A?rnnntc/C'}tarkTma Xl1(0 i/:.-4 COMMONWEALTH OF PENNSYLVANIA rrnl inlTv rnF• COl?ffitLAND Mag. Dist No.: 09-1-01 MDJ Name: Hon. CHARLES A. CLffiMNT, JR Address: 4 O 0 BRIDGE ST OLDE TONNE COKKDNS -SUITE 3 NEW CUl?ERT-ARn, PA Telephone: (717 ) 774-5989 17070 3- REMITTER THOMAS G. TUSO 714 HILLTOP DRIVE NEW (70 RRLAND, PA 17070 RECEIPT OF PAYMENT Docket No.: CV- 0000534 -10 Date Filed: 10/08/10 RECEIPT NO: 170084 DATE: 10/08/10 PAGE: 1 SOURCE: PAID AT WINDOW AMOUNT RECEIVED: $ 79.75 METHOD: PAID BY CHECK AMOUNT APPLIED: $ 79.75 CHECK#: 02948 COLLATERAL APPLIED: $ .00 CHANGE: $ .00 MANUAL RECEIPT#: CITATION#: NEXT PAYMENT AMOUNT: COSTS INCLUDED ON: NEXT PAYMENT DATE: NEXT PMT TYPE: PAYI11NT DESCRIPTION JUDICIAY, COMPUTER PROJECT ACCESS TO JUSTICE CRIM JUST ENH SURCHARGE JCP SURCHARGE POSTAGE COMMONWEALTH COST- HB627 FILING FEES COMM-COST FILING FEES 21-CTY TOTAL BALANCE FWD AMT APPLIED CU RRENT BAL 8.00 8.00- .00 3.00 3.00- .00 2.25 2.25- .00 10.25 10.25- .00 10.25 10.25- .00. 11.50 11.50- .00 7.70 7.70- .00 26.80 26.80- .00 79.75 79.75- .00 CURRENT BALANCE DUE .00 RECVD FROM TUSO, THOMAS G THANK YOU! CD f X14 18 i-r JE? DATE PRINTED: 10/08/10 2:05:02 PM SHUM?AKER WT11 ,I JAMSEC LEGAL AND BUSINESS COUNSEL Telephone: 717.763.1 121 Facsimile: 717.763.7419 mail@shumakerwilliama.com P.O. BOX 88, HARRISBURG, PA 17108 SHUMAKER WILLIAMSPG LEGAL AND BUSINESS COUNSEL EVAN C. PAPPAS Telephone: 717.763.1121 Facsimile: 717.763.7467 Direct Dial: 717.909.1655 pappas@shumakerwiiliams.com P.O. BOX 88, HARRISBURG, PA 17108 STORE YOUR Ol/PfJC CHECKS IH .YOUR CHpk BOX " - cr® TfadC yblx eXpeps08.t ' ? TAX OEDUCTAILE ITEM -..DClolhing r, cOFd6w OTpilepbrtstion •?^ ' - ? Enteriatnel?a ? insilrano ? Other ?? 31 ewaNCE .#a - . _ FOWARD -- _ wowf 71 for added security; gout name and aacourrt no" dy not appear on th oopy NOT NEGOTIABLE _ . EIA ???? C z U19 w f Q UZ `l a s LL wg Q Y s F w O U.. U. W ??? -- o c; 2 w W H U U 0 w - ¢ Z U Il m ? *. T Lr: ? X 0 ? r • y w Q Li ?? o j W ¢ N r I w w ?J Z? CS, ? . O gg ?O? ` ,ff W ¢ om f S ??a? IL '=t I 0 I ? a FP w 7 Q w z p - U w ¢ IL 0 F- m :D Q X ~ OR ¢N U W LU 0 a I- =oQ Mj piS OG f it G . 7t. h7 cCO w? ? z 23 cU r33 3 L W s C ? \ _ m 3 'f F-U p U N .0 w F- vD. O cc y"Z 3 _ z o C7 m% m? ¢ 7 jj \ 2 U W e g 7. _ V L 4) O p IL U3 V 0 J W >J 20 "O CUB com w c: 0 1Y1 Y Z p - t ? OU rn CO on 3r.-5 N O> > GPI 3 z . W. LU z v m cW a cg- m N m? ?I) i I- U 1 W r^ O Q d Q m m m V m 06 z m N t0 J 1 001 ? 1 L w .? IW w g N p W ` w W N a¢ w t } a T o N i 7d o WI f? ` O <z U a ?I =z v p w N p ¢ y 0 14 ?' w ac , O CO J W W W = J j 1 X 2 U f _` z WAZI 0wwZ . (1 0 p~ y ZZ Q d j WD w Q?IALL *? i \ © w _? a 0000 h ` o a a: rn IL ?W ? U ? r o V) 0\ W J y- r W U z o ~ r D -? z w o m w O W X o LU F Z U Z Q. U ¢ zUOO[O ) m o ? OOOOO 1 < t co m O a \ m \ = 0 ?y i J hw t O ?i I Cn Z W Zo DO \ z z O -j 0 co m 5? . O w W J N O (? w Z S `7` p 1 Q z ?i 0 \ ! z r c N - C+ LL ?l LUX F r?? O Zv? U V Q $1 o w w o Zj¢ - ?j O. a ¢w Ow' ? wm F-> oU>2 t U W - N O N W F --' ¢o ?2000 Q C = OOOIDO w Cr g67- 14 j, / -L I ? Za a w? Z w a as a vi CL J ?-Om t50 Q'C Q) YZ z U co FF y i Nd m OSw OZ LL W CO mt= ?? Q O ZZ Z 20' N P Ld ¢ Z ? 2 OY 0 C O ? 0.00 U ~ ~ < l f Q QZ c ]?0)U -76 Kj o a 0 C71a- E5 m 0 cc < o _ mmm Eo ? 7 m < ¢ cc AN Uc m g E <z 1 m Oy CIS --OD N? lO p <S2 a to LL w W 00 W U O U W 7 3 . 2 y O d ¢ m U z ? ' Z O p ? m N N w a z m w w a w a ?\ $\? 1 1 J <LL H a H > ? W W Y Y \i U o 'Z' x a vi N I r to z p I z N z ¢ w a N z - , ¢ a- w C a w a \ ? ¢? o o ... oz W w W -.. ?? o U) - pF Up - W l ca p 0 O ° Nz w aw w w w ¢ w w W a W' ww W w Nam _ w P w it R a: a a d z == d y . z V f N a U N U m N N \ _ U U jr i d\ w ¢ a . Y o 0 Y = W W W W W W N Fa- y W O ¢ O ¢ O z z w W 1 z q: O w z w z o z o on. 1 ?¢ m n . I L ED -GIFF'ICc O THE PROTHONgT,, p "'IFEB-3 AM11:I William L. Adler, Esquire CUMBERLAND COUN P. 4949 Devonshire Rd. PENNSY1 Harrisburg PA 17109 LVAN't Phone: 717-652-8989 Fax: 717-307-3343 Email: bal Billadlerlaw.com Supreme Court ID: 39844 Thomas Tuso, : IN THE COURT OF COMMON PLEAS Plaintiff : Cumberland COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Laura Foreman, : NO. 10-7724 Civil Defendant NOTICE TO PLEAD You are hereby notified to plead to the enclosed Preliminary Objections within Twenty (20) days from service hereof or a default judgment may be entered against you. William L. Adler, Esquire 4949 Devonshire Rd. Harrisburg PA 17109 Phone: 717-652-8989 Fax: 717-307-3343 Email: bal&Billadlerlaw.com Supreme Court ID: 39844 Thomas Tuso, Plaintiff V. Laura Foreman, Defendant IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-7724 Civil PRELIMINARY OBJECTIONS OF DEFENDANTS AND NOW COME the Defendants, Laura Foreman and, through their attorney, William L. Adler, and respectfully represents the following: Failure of Pleadiniz to Conform to Law or Rule of Court (Pa R C P 1028(a)(2) 1. Pa.R.C.P. 1022 requires that the pleading shall be divided into paragraphs numbered consecutively. 2. Plaintiff's complaint does not comply with this rule. 3. The format of the entire complaint fails to comply with the PA. Rules of Civil Procedure. 4. Local Rule 1018.1 requires the inclusion of a source for finding legal help that must be included in the complaint. 5. Plaintiff's complaint fails to comply with this rule. 6. Pa.R.C.P. 1019(h) requires that the pleading state whether the agreement on which it is based is oral or written. 7. It cannot be determined if this complaint is based on an agreement. 8. No oral argument is requested. WHEREFORE, Defendants respectfully request that plaintiffs complaint be dismissed. William L. Adler, Esquire Attorney for Defendants 4949 Devonshire Rd. Harrisburg PA 17109 Phone: 717-652-8989 Fax: 717-307-3343 Email: ba1C.Billadlerlaw.com Supreme Court ID: 39844 February 1, 2011 CERTIFICATE OF SERVICE I, William L. Adler, Esquire, Attorney for Defendant, hereby certify on February 1, 2011, I served a copy of the within Preliminary Objections upon the following person by first class mail, postage prepaid, addressed as follows: Thomas Tuso 714 Hilltop Drive New Cumberland, PA Thomas Tuso 714 Hilltop Drive New Cumberland, PA 17070-1735 Phone: 706-566-8679 Email: Thomas. tuso ,us.army.miI Thomas Tuso, Plaintiff V. Laura Foreman, Defendant ci• AR - 3 AM, NBER IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA CIVIL, ACTION - LAW NO. 10-7724 Civil NOTICE OF INTENTION IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY, AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES Carlisle O, Bice 401 East Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400 (800) 822-5288 Harrisburg Offrce 213-A North Front Street Harrisburg, PA 17101-2240 (717) 232-0581 (800) 932-0356 ,? ?.. ,? - .. - ,. ., ? ,.a - t 5 { . S r` % a t Email: Thomas.tusp@us.artny.mA March 3, 2011 14 ruinop imve New Cumberland, PA 17070-1735 Phone: 706-566-8679 VERIFICATION I, THOMAS TUSO, HEREBY affirms/verify that the foregoing facts/information/statements made by me in this complaint are true and correct to the best of my knowledge, information and belief, said affirmation being made subject to penalties prescribed by Section 4904 of the Crimes Code (18 PA. C. S. Section. 4904), related to unsworn falsifications to authorities. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment by the Court. March 3, 2011 New Cumberland, PA 17070-1735 Phone: 706-566-8679 Email: Thomas.tuso o us.arnry iiil CERTIFICATE OF SERVICE I, Thomas Tuso, Plaintiff, hereby certify on March 3, 2011,1 served a copy of the following: Notice Of Intention and Verification upon the following person by first class mail - Certified Mail, Return Receipt Requested, addressed as follows: William L Adler, Esquire 4949 Devonshire Road Harrisburg, PA 17109 714 Hilltop Drive New Cumberland, PA 17070-1735 Phone: 706-566-8679 Email: Thomas.tuso@us.army. mii I ¦ CARLISLE MPO CARLISLE, Pennsylvania 170139998 4134870013 -0098 02/08/2011 (800)275-8777 09:14:24 AM Sales Receipt Product Sale Unit Final Description Qty Price Price HARRISBURG PA 17109 $1.90 Zone-1 First-Class Large Env 6.90 oz. axa:xaxa Issue PVI: $1.90 r HARRISBURG PA 17109 $2.07 Zone-1 First-Class Large Env 7.10 oz. Expected Delivery: Wed 02/09/11 Return Rcpt (Green Card) $2.30 Certified $2.80 Label #: 70093410000156065513 xxaaaaxx Issue PVI: $7.17 Total: $9.07 Paid by: Cash $10.00 Change Due: 40.93 Order stamps at USPS.com/shop or call 1-800-Stamp24. Go to USPS.com/clicknship to print shipping labels with postage. For other information call 1-800-ASK-LISPS. W**W**WW*W*WWW*WW**W*WWWW*WWW*J.WWWW***W* Get your mail when and where you want it with a secure Post Office Box. Sign up for a box online at usps.com/poboxes. WWWWW*WW4W We4WWWW*W**WWWWWWWWW**W*W*WW*WW Bill#: 1000204482169 Clerk: 09 All sales final on stamps and postage Refunds for guaranteed services only Thank you for your business HELP US SERVE YOU BETTER Go to: https://Postalexperience.com/Pos TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE YOUR OPINION COUNTS +4*W*.tlr***M*WWW****WWW*WWWW*w***W*WWW*WW* WWW***Wk rF k***WW+4**WWW#*W?eW***W****WW*W** Customer C% j r., (Domestic Mail Only; No Insurance Coverage Provided) iLn For del very information visit our vvebsite at www.uspsxom-0 o i Postage $ a.. , PA r? U1 - Certified Fee $2.80 L? [[? >1 Pfark Return Reulredl equir $2.3(j re 0 (Endorsement V p (Ende tm of Requi e e $0.I IO 2011 Cf/ $ ? Total Postage 8 Feas $7. 17 Q Sent ro - C3 sr eei ;apt .. .Q...-? - - ---- ............. r` or?BoxNo. 4?`T'?q..UV?!!?s./Og?-- - - City, Stefe. ZIWO fi,m'sjig? x G. PR ) 9JO9 -to'W,fs ?us0 1I/tit Mao f 614046 A114V &Wk4 PAS 170 70 ?Nv V1, ?`r#6).SG G "6 ? 7 9 e4, A4^14s1 &4 PUAlodXXAW1400 Co V rL 14c.`Cj dAl -4A* 772 - Wkt -to 4e??q Amdow7f4 494p4*,dT- "` ?'+ h=iCq'r ion tiE '?OTN i I I MAR -3 A[ I "UMBERLAND PENNSYLIVbm 4 if PAWN" •. f 16N so !ftYt we con A iNt tP* to YOU. ¦ Attach this tad to #wbwk C t ? t or' on ?ha tl? ? . 1. AiddeAddewsdto: &AUg X49 FEB - 9 201? 0 C3 bwxo Sao 4. ResttloW DslWW ffltlm Poe) 13 yes 2. Article Number 7009 3 410 00015606 5 513 (I1a?er from aer?rce least! PS Form 3811, February 2004 Domestic Return Receipt 102598.0244=t"O FILED-OFFICE C1 Tif ''E PR0THO4OTARY 201 f MAR -4 AM f0? 5? William L. Adler, Esquire 4949 Devonshire Rd. CUMBERLAND COUNTY Harrisburg PA 17109 PENNSYLVANIA Phone: 717-652-8989 Fax: 717-307-3343 Email: bal&Billadlerlaw.com Supreme Court ID: 39844 Thomas Tuso, : IN THE COURT OF COMMON PLEAS Plaintiff : Cumberland COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Laura Foreman, :NO. 10-7724 Civil Defendant NOTICE TO PLEAD You are hereby notified to plead to the enclosed Preliminary Objections within Twenty (20) days from service hereof or a default judgment may be entered against you. William L. Adler, Esquire 4949 Devonshire Rd. Harrisburg PA 17109 Phone: 717-652-8989 Fax: 717-307-3343 Email: bal&Billadlerlaw.com Supreme Court ID: 39844 Thomas Tuso, Plaintiff V. Laura Foreman, Defendant 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-7724 Civil ANSWER and NEW MATTER 5. Denied. This is not the complete narrative of Section 4. 6. Denied. This is an incomplete narrative of the section. 7. Admitted in part and denied in part. It is admitted that propane was used for the stove, fireplace and heater. It is denied that the propane was from the sale of the dwelling. The propane was in a rented tank, rented from Amerigas. Plaintiff refused to continue the tank rental from Amerigas, and the tank was repossessed by Amerigas. The propane was not like the oil, in that the tank was rented, and propane cannot be removed from a rented tank. 8. Admitted in part and denied in part. It is admitted that defendant signed Exhibit B. 9. Admitted in part and denied in part. It is admitted that Amerigas picked up the tank. It is not known how much gas was in the tank. The gas was stored in the rented tank, which happened to be on the property. The plaintiff refused to continue the rental of the tank. 10. Admitted in part and denied in part. Amerigas refunded the money to defendant. The rental agreement for the tank was in the name of defendant. Amerigas did not fail to set up an account with plaintiff. Plaintiff refused to set up an account with Amerigas. 11. Denied. Amerigas made the refund directly to defendant. Plaintiff never contacted defendant directly. 12. Denied. This is a conclusion of law to which no responsive pleading is required. 13. Denied. After reasonable investigation the plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment. Proof thereof is demanded at trial. WHEREFORE, Defendant respectfully requests that plaintiff's complaint be dismissed. NEW MATTER 14. Paragraphs one through 13 are incorporated herein. 15. Plaintiff knew the propane tank was rented from Amerigas when he bought the property from defendant. 16. Plaintiff knew that in order to keep the tank and the gas, he would have to put the tank rental agreement in his name. 17. Plaintiff refused to put the tank rental agreement in his name. 18. Amerigas repossessed the tank with the remaining gas. 19. In that plaintiff never took responsibility for the propane tank or the gas which had to be returned with the tank, the remaining refund for the gas was sent to defendant. 20. Paragraph 27 of the agreement of sale releases defendant from all liability in this matter. 21. Plaintiff has failed to state a claim upon which relief can be granted. 22. Plaintiff has waived any claim by failing to take responsibility for the rental of the Amerigas tank or transfer the existing gas to a new tank. WHEREFORE, Defendant respectfully requests that plaintiff's complaint be dismissed. Vk 4e William L. Adler, squire Attorney for Defendant 4949 Devonshire Road Harrisburg, PA 17109 717-652-8989 Supreme Court ID Number 39844 Bal&billadlerlaw.com Dated: March 3, 2011 VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING PLEADING ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S.A. Section 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DA G 14 it CERTIFICATE OF SERVICE I, William L. Adler, Esquire, Attorney for Defendant, hereby certify on March 3, 2011, I served a copy of the within answer upon the following person by first class mail, postage prepaid, addressed as follows: Thomas Tuso 714 Hilltop Drive New Cumberland, PA 17070 VA William . Ad er, quire CARLISLE MPO CARLISLE, Pennsylvania 170139998 4134870013 -0093 03/03/2011 (800)275-8777 09:55:08 AM Sales Receipt Product Sale Unit Final Description Qty Price Price CAMP HILL PA 17011 $0.44 Zone-1 First-Class Letter 0.80 oz. Issue PVI: $0.44 HARRISBURG PA 17109 $0.44 Zone-1 First-Class Letter 0.80 oz. Issue PVI: $0.44 HARRISBURG PA 17109 $0.44 Zone-1 First-Class Letter 0.80 oz. Expected Delivery: Fri 03/04/11 Return Rcpt (Green Card) $2.30 Certified $2.80 Label #: 70093410000156065520 Issue PVI: $5.54 Total: $6.42 Paid by: Cash $6.42 Order stamps at USPS.com/shop or call 1-800-Stamp24. Go to USPS.com/clicknship to print shipping labels with postage. For other information call 1-800-ASR-USPS. Get your mail when and where you want it with a secure Post Office Box. Sign up for a box online at usps.com/poboxes. Bill#: 1000704037182 Clerk: 07 All sales final on stamps and postage Refunds for guaranteed services only Thank you for your business HELP US SERVE YOU BETTER Go to: https;//Postalexperience.com/Pos TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE YOUR OPINION COUNTS (Domestic Only; Provided) ? deliver For n y N? g L U W ? Postage $ ., 1701a `"?""L?ertifled Fee $2.80 O E:3 Return Receipt Fee (Endorsement Required) $2.30 I v,-° ostmadc Mere O Restricted Delivery Fee (Endorsement Required) 60.011 X)Gj Total Postage & Fees $ $5•54 M 0' o Sent To ?fCE,1pIY/ ?, I??IE tSQLc)26 ? ----- -- --------•--- ....... ,.........------------------------ POB ,?a"..? t 94q bfVaV,. #I/dZ ,eaa0 W6oms __I?s 10 a -?c -TI u ? ,,-•i 71 6PVl _ f '/Wv - l9w _' IVUJ / OF ?4 _10ev -CW1r_1e F OF Customer Copy r1 Thomas Tuso 714 hilltop Drive New Cumberland, PA 17070-1735 Phone: 706-566-8679 Email: Thomas.tusonus.armv.mil Thomas Tuso, Plaintiff V. Laura Foreman, Defendant 1 , IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 10-7724 Civil NOTICE TO PLEAD You are hereby notified to plead to the enclosed Answer to New Matter within twenty (20) days from service hereof or a Petition for Appointment of Arbitrators will be entered against you. Thomas Tuso 714 Hilltop Drive New Cumberland, PA 17070-1735 Phone: 706-566-8679 Email: Thomas.tuso2j s.army.mil Thomas Tuso, Plaintiff V. Laura Foreman, Defendant 1.Admitted. 2. Admitted. 3. Admitted. 4. Admitted. IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO. 10-7724 Civil ANSWER TO NEW MATTER 5. Admitted in part and denied in part. It is admitted that narrative of Section 4 was not the complete narrative. Section 4 of the Standard Agreement for the Sale of Real Estate provides that, "FIXTURES & PERSONAL PROPERTY (A) INCLUDED in this sale are all existing items permanently installed in the Property, free of liens, including plumbing; heating; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers and transmitters; television antennas; unpotted shrubbery, plantings and trees; and any remaining heating and cooking fuels stored on the Property at the time of settlement; sump pumps; storage sheds; mailboxes; wall to wall carpeting; existing window screens, storm windows and screen/storm doors; window covering hardware, shades and blinds; awnings; built-in air conditioners; built-in appliances; and the range/oven unless otherwise stated." It is denied that Plaintiff was withholding additional information from Section 4 or otherwise misinforming/misleading the Defendant as to a breach of the Standard Agreement for the Sale of Real Estate. Plaintiff was only illustrating only the section(s) of Section 4 of the Standard Agreement for the Sale of Real Estate where breach of this contract was probable cause for this action. A true and correct copy of the Standard Agreement for the Sale of Real Estate is attached hereto as Exhibit B. 6. Admitted in part and denied in part. It is admitted that narrative of Paragraph 27, Release, of the Standard Agreement for the Sale of Real Estate was not the complete narrative. Paragraph 27, Release, of the Standard Agreement for the Sale of Real Estate provides that, "Buyer releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES and any OFFICER or PARTNER of any one of them and any other PERSON, FIRM or CORPORATION who may be liable by or through them, from any and all claims, losses or demands, including, but not limited to, personal injury and property damage and all of the consequences thereof, whether known or not, which may arise from the presence of termites or other wood-boring insects, radon, lead-based paint hazards, mold, fungi or indoor air quality, environmental hazards, any defects in the individual on-lot sewage disposal system or deficiencies in the on-site water service system, or any defects or conditions on the Property. Should Seller be in default under the terms of this Agreement or in violation of any seller disclosure law or regulation, this release does not deprive Buyer of any right to pursue any remedies that may be available under law or equity. This release will survive settlement." It is denied that Plaintiff was withholding additional information from Paragraph 27, Release, of the Standard Agreement for the Sale of Real Estate or otherwise misinforming/misleading the Defendant as to a breach of the Standard Agreement for the Sale of Real Estate. Plaintiff was only illustrating only the section(s) of Paragraph 27, Release, of the Standard Agreement for the Sale of Real Estate of the Standard Agreement for the Sale of Real Estate where breach of this contract was probable cause for this action. A true and correct copy of the Standard Agreement for the Sale of Real Estate is attached hereto as Exhibit B. 7. Admitted in part and denied in part. It is admitted that propane stored/remained on the Property at the time of settlement/sale of this dwelling was used for the following: stove, fireplace, and heater. Just like the oil stored on the property that was remaining from this sales agreement was used for heating the home. It is denied that the propane was not from the sale of the dwelling. It was from the sale of the dwelling as stated in Section 4 of the Standard Agreement for the Sale of Real Estate provides that, "FIXTURES & PERSONAL PROPERTY (A) INCLUDED in this sale are all existing items permanently installed in the Property, free of liens, including plumbing; heating; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers and transmitters; television antennas; unpotted shrubbery, plantings and trees; and any remaining heating and cooking fuels stored on the Property at the time of settlement; sump pumps; storage sheds; mailboxes; wall to wall carpeting; existing window screens, storm windows and screen/storm doors; window covering hardware, shades and blinds; awnings; built-in air conditioners; built-in appliances; and the range/oven unless otherwise stated." Propane was stored in a rented tank from Amerigas, but the rental tank is not the subject matter in this case - the content is. Fuel stored/remained on said Property at the time of settlement/sale of this dwelling is the subject matter. Plaintiff had a legal right to refuse a rental tank agreement with Amerigas. The propane tank was removed with my permission, not possessed. On May 28, 2010, Amerigas picked up a 100-gallon propane storage tank, to include 100 gallons of propane fuel (used for cooking and heating) stored on the property of the Plaintiff. 8. Admitted. It is admitted that on May 7, 2009, Plaintiff and Defendant executed a written contract for the property located at 714 Hilltop Drive, New Cumberland, Cumberland County, PA 17070-1735. Defendant signed and agreed to this Standard Agreement for the Sale of Real Estate, to include in this agreement Section 4 of the Standard Agreement for the Sale of Real Estate provides that, "FIXTURES & PERSONAL PROPERTY (A) INCLUDED in this sale are all existing items permanently installed in the Property, free of liens, including plumbing; heating; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers and transmitters; television antennas; unpotted shrubbery, plantings and trees; and any remaining heating and cooking fuels stored on the Property at the time of settlement; sump pumps; storage sheds; mailboxes; wall to wall carpeting; existing window screens, storm windows and screen/storm doors; window covering hardware, shades and blinds; awnings; built-in air conditioners; built-in appliances; and the range/oven unless otherwise stated and Paragraph 27, Release, of the Standard Agreement for the Sale of Real Estate provides that, "Buyer releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES and any OFFICER or PARTNER of any one of them and any other PERSON, FIRM or CORPORATION who may be liable by or through them, from any and all claims, losses or demands, including, but not limited to, personal injury and property damage and all of the consequences thereof, whether known or not, which may arise from the presence of termites or other wood-boring insects, radon, lead-based paint hazards, mold, fungi or indoor air quality, environmental hazards, any defects in the individual on-lot sewage disposal system or deficiencies in the on-site water service system, or any defects or conditions on the Property. Should Seller be in default under the terms of this Agreement or in violation of any seller disclosure law or regulation, this release does not deprive Buyer of any right to pursue any remedies that may be available under law or equity. This release will survive settlement." A true and correct copy of the Standard Agreement for the Sale of Real Estate is attached hereto as Exhibit B. 9. Admitted in part and denied in part. It is admitted that Amerigas picked up the tank. On May 28, 2010, Amerigas Propane picked up a 100-gallon propane storage tank, to include 100 gallons of propane fuel (used for cooking and heating) stored on the property of the Plaintiff. (EXHIBIT C) The tank belonged to Amerigas Propane, but the tank is not the subject matter in this case - the content is. Fuel stored/remained on said Property at the time of settlement/sale of this dwelling is the subject matter. Plaintiff had a legal right to refuse a rental tank agreement with Amerigas. Plaintiff purchase one's own propane tank and went with another provider that was more reasonable. Plaintiff was financially damaged by Defendant's Refusal to pay Plaintiff's Refund to replace fuel, for a new storage tank, that was already purchased at the time of settlement. The propane tank was removed with my permission, not possessed. It is denied that Plaintiff did not know how much gas was in the tank. It was reported to Plaintiff from Amerigas service personal what was remaining in the tank via fuel gauge which was located at the top of the tank. All propane tanks come with a fuel gauge that tells the homeowner what is remaining in the tank. Amerigas Propane know exactly how much propane was remaining in said tank before writing out a check in the amount of $252.14 (propane fuel was $356.02 minus service term fee of $103.88) to the Defendant. And in acceptance of this money, Defendant's failure to pay Plaintiff his Refund constitutes a breach of the Standard Agreement for the Sale of Real Estate as stated in Section 4 of the Standard Agreement for the Sale of Real Estate provides that, "FIXTURES & PERSONAL PROPERTY (A) INCLUDED in this sale are all existing items permanently installed in the Property, free of liens, including plumbing; heating; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers and transmitters; television antennas; unpotted shrubbery, plantings and trees; and any remaining heating and cooking fuels stored on the Property at the time of settlement; sump pumps; storage sheds; mailboxes; wall to wall carpeting; existing window screens, storm windows and screen/storm doors; window covering hardware, shades and blinds; awnings; built-in air conditioners; built-in appliances; and the range/oven unless otherwise stated. 10. Admitted in part and denied in part. It is admitted that Amerigas refunded the money to Defendant. AMERIGAS refunded the Defendant as the previous owner of the real property in the amount of $252.14 ('Refund"). And in acceptance of this money, Defendant's failure to pay Plaintiff his Refund constitutes a breach of the Standard Agreement for the Sale of Real Estate as stated in Section 4 of the Standard Agreement for the Sale of Real Estate provides that, "FIXTURES & PERSONAL PROPERTY (A) INCLUDED in this sale are all existing items permanently installed in the Property, free of liens, including plumbing; heating; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers and transmitters; television antennas; unpotted shrubbery, plantings and trees; and any remaining heating and cooking fuels stored on the Property at the time of settlement; sump pumps; storage sheds; mailboxes; wall to wall carpeting; existing window screens, storm windows and screen/storm doors; window covering hardware, shades and blinds; awnings; built-in air conditioners; built-in appliances; and the range/oven unless otherwise stated. Amerigas Propane, failed to set up Plaintiffs account for the return of said storage tank and through their negligence paid/reimbursed Plaintiff s money to the previous owner, Laura Foreman, Defendant. 11. Admitted in part and denied in part. It is admitted that Amerigas made the refund directly to Defendant. Plaintiff was financially damaged by Defendant's Refusal to pay Plaintiff s Refund to replace fuel, for a new storage tank, that was already purchased at the time of settlement in the amount of $252.14 (propane fuel was $356.02 minus service term fee of $103.88). And in acceptance of this money, Defendant's failure to pay Plaintiff his Refund constitutes a breach of the Standard Agreement for the Sale of Real Estate as stated in Section 4 of the Standard Agreement for the Sale of Real Estate provides that, "FIXTURES & PERSONAL PROPERTY (A) INCLUDED in this sale are all existing items permanently installed in the Property, free of liens, including plumbing; heating; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers and transmitters; television antennas; unpotted shrubbery, plantings and trees; and any remaining heating and cooking fuels stored on the Property at the time of settlement; sump pumps; storage sheds; mailboxes; wall to wall carpeting; existing window screens, storm windows and screen/storm doors; window covering hardware, shades and blinds; awnings; built-in air conditioners; built-in appliances; and the range/oven unless otherwise stated. It is denied that Plaintiff never contacted Defendant directly. The Defendant refused to pay the Refund to Plaintiff. The Refund ($252.14) was refused to Plaintiff, via third party Thomas Foreman, Prudential Thompson Wood, brother of Richard Foreman and brother-in-law to Laura, who was acting in Plaintiffs behalf because he refused to give Plaintiff his brother's phone number, and wanted to do all of the talking on this subject matter. So Plaintiff had no say on this matter. Defendant was contacted directly by Thomas Foreman and was fully aware of what Section 4 of the Standard Agreement for the Sale of Real Estate stated, and by refusing to refund said monies constitutes a breach of the Standard Agreement for the Sale of Real Estate. This action was done with" intent" to financially damage Plaintiff to replace fuel for a new storage tank. 12. Denied. This is a conclusion of law to which a responsive pleading is required. Defendants failure to pay Plaintiff his Refund constitutes a breach of the Standard Agreement for the Sale of Real Estate as stated Section 4 of the Standard Agreement for the Sale of Real Estate provides that, "FIXTURES & PERSONAL PROPERTY (A) INCLUDED in this sale are all existing items permanently installed in the Property, free of liens, including plumbing; heating; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers and transmitters; television antennas; unpotted shrubbery, plantings and trees; and any remaining heating and cooking fuels stored on the Property at the time of settlement; sump pumps; storage sheds; mailboxes; wall to wall carpeting; existing window screens, storm windows and screen/storm doors; window covering hardware, shades and blinds; awnings; built-in air conditioners; built-in appliances; and the range/oven unless otherwise stated." As noted in Paragraph 27, Release, of the Standard Agreement for the Sale of Real Estate provides that, "Buyer releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES and any OFFICER or PARTNER of any one of them and any other PERSON, FIRM or CORPORATION who may be liable by or through them, from any and all claims, losses or demands, including, but not limited to, personal injury and property damage and all of the consequences thereof, whether known or not, which may arise from the presence of termites or other wood-boring insects, radon, lead- based paint hazards, mold, fungi or indoor air quality, environmental hazards, any defects in the individual on-lot sewage disposal system or deficiencies in the on-site water service system, or any defects or conditions on the Property. Should Seller be in default under the terms of this Agreement or in violation of any seller disclosure law or regulation, this release does not deprive Buyer of any right to pursue any remedies that may be available under law or equity. This release will survive settlement." This is a conclusion of law to which a responsive pleading is required. After proper investigation of the Standard Agreement for the Sale of Real Estate, the plaintiff warrants probable cause to form a belief as to the truth of the averment. Proof has been justified in this matter and should move forward for trial. 13. Denied. After proper investigation of the Standard Agreement for the Sale of Real Estate, the plaintiff warrants probable cause to form a belief as to the truth of the averment. Defendants failure to pay Plaintiff his Refund constitutes a breach of the Standard Agreement for the Sale of Real Estate as stated in Section 4 of the Standard Agreement for the Sale of Real Estate provides that, "FIXTURES & PERSONAL PROPERTY (A) INCLUDED in this sale are all existing items permanently installed in the Property, free of liens, including plumbing; heating; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers and transmitters; television antennas; unpotted shrubbery, plantings and trees; and any remaining heating and cooking fuels stored on the Property at the time of settlement; sump pumps; storage sheds; mailboxes; wall to wall carpeting; existing window screens, storm windows and screen/storm doors; window covering hardware, shades and blinds; awnings; built-in air conditioners; built-in appliances; and the range/oven unless otherwise stated." As noted in Paragraph 27, Release, of the Standard Agreement for the Sale of Real Estate provides that, "Buyer releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES and any OFFICER or PARTNER of any one of them and any other PERSON, FIRM or CORPORATION who may be liable by or through them, from any and all claims, losses or demands, including, but not limited to, personal injury and property damage and all of the consequences thereof, whether known or not, which may arise from the presence of termites or other wood-boring insects, radon, lead- based paint hazards, mold, fungi or indoor air quality, environmental hazards, any defects in the individual on-lot sewage disposal system or deficiencies in the on-site water service system, or any defects or conditions on the Property. Should Seller be in default under the terms of this Agreement or in violation of any seller disclosure law or regulation, this release does not deprive Buyer of any right to pursue any remedies that may be available under law or equity. This release will survive settlement." This is a conclusion of law to which a responsive pleading is required. After proper investigation of the Standard Agreement for the Sale of Real Estate, the plaintiff warrants probable cause to form a belief as to the truth of the averment. Proof has been justified in this matter and should move forward for trial. 14. Paragraphs one through thirteen are incorporated herein. 15. Admitted in part and denied in part. It is admitted that Plaintiff knew that the propane tank was rented from Amerigas when he purchased the property from Defendant. Knowing that, the tank belonged to Amerigas Propane, but the tank is not the subject matter in this case - the content is. Fuel stored/remained on said Property at the time of settlement/sale of this dwelling is the subject matter as stated in Section 4 of the Standard Agreement for the Sale of Real Estate provides that, "FIXTURES & PERSONAL PROPERTY (A) INCLUDED in this sale are all existing items permanently installed in the Property, free of liens, including plumbing; heating; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers and transmitters; television antennas; unpotted shrubbery, plantings and trees; and any remaining heating and cooking fuels stored on the Property at the time of settlement; sump pumps; storage sheds; mailboxes; wall to wall carpeting; existing window screens, storm windows and screen/storm doors; window covering hardware, shades and blinds; awnings; built-in air conditioners; built-in appliances; and the range/oven unless otherwise stated." 16. Denied. It is denied that Plaintiff knew that in order to keep the tank and the gas, he would have to put the tank rental agreement in his name. Under no legal obligation that fuel stored/remained on said Property that the Plaintiff is required to establish an agreement with Amerigas in order to keep the propane which was purchased at the time of settlement/sale of this dwelling as stated in Section 4 of the Standard Agreement for the Sale of Real Estate provides that, "FIXTURES & PERSONAL PROPERTY (A) INCLUDED in this sale are all existing items permanently installed in the Property, free of liens, including plumbing; heating; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers and transmitters; television antennas; unpotted shrubbery, plantings and trees; and any remaining heating and cooking fuels stored on the Property at the time of settlement; sump pumps; storage sheds; mailboxes; wall to wall carpeting; existing window screens, storm windows and screen/storm doors; window covering hardware, shades and blinds; awnings; built-in air conditioners; built-in appliances; and the range/oven unless otherwise stated." The tank belonged to Amerigas Propane, but the tank is not the subject matter in this case - the content is. Fuel stored/remained on said Property at the time of settlement/sale of this dwelling is the subject matter. Plaintiff had a legal right to refuse a rental tank agreement with Amerigas. Plaintiff purchase one's own propane tank and went with another provider that was more reasonable. 17. Admitted in part and denied in part. It is admitted that Plaintiff refused to put the tank rental agreement in his name. Under no legal obligation that fuel stored/remained on said Property that the Plaintiff is required to establish an agreement with Amerigas in order to keep the propane which was purchased at the time of settlement/sale of this dwelling as stated in Section 4 of the Standard Agreement for the Sale of Real Estate provides that, "FIXTURES & PERSONAL PROPERTY (A) INCLUDED in this sale are all existing items permanently installed in the Property, free of liens, including plumbing; heating; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers and transmitters; television antennas; unpotted shrubbery, plantings and trees; and any remaining heating and cooking fuels stored on the Property at the time of settlement; sump pumps; storage sheds; mailboxes; wall to wall carpeting; existing window screens, storm windows and screen/storm doors; window covering hardware, shades and blinds; awnings; built- in air conditioners; built-in appliances; and the range/oven unless otherwise stated." The tank belonged to Amerigas Propane, but the tank is not the subject matter in this case - the content is. Fuel stored/remained on said Property at the time of settlement/sale of this dwelling is the subject matter. Plaintiff had a legal right to refuse a rental tank agreement with Amerigas. Plaintiff purchase one's own propane tank and went with another provider that was more reasonable. 18. Denied. It is denied that Amerigas repossessed the tank with the remaining gas. Plaintiff had a legal right to refuse a rental tank agreement with Amerigas. The propane tank was removed with my permission, not possessed. On May. 28, 2010, Amerigas picked up a 100-gallon propane storage tank, to include 100 gallons of propane fuel (used for cooking and heating) stored on the property of the Plaintiff. Plaintiff purchase one's own propane tank and went with another provider that was more reasonable. 19. Admitted in part and denied in part. It is admitted that the remaining refund for the gas was sent to Defendant. On May 7, 2009, Plaintiff and Defendant executed a written contract for the property located at 714 Hilltop Drive, New Cumberland, Cumberland County, PA 17070-1735. Defendant signed and agreed to this Standard Agreement for the Sale of Real Estate. And in acceptance of this money, Defendant's failure to pay Plaintiff his Refund constitutes a breach of the Standard Agreement for the Sale of Real Estate as stated in Section 4 of the Standard Agreement for the Sale of Real Estate provides that, "FIXTURES & PERSONAL PROPERTY (A) INCLUDED in this sale are all existing items permanently installed in the Property, free of liens, including plumbing; heating; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers and transmitters; television antennas; unpotted shrubbery, plantings and trees; and any remaining heating and cooking fuels stored on the Property at the time of settlement; sump pumps; storage sheds; mailboxes; wall to wall carpeting; existing window screens, storm windows and screen/storm doors; window covering hardware, shades and blinds; awnings; built-in air conditioners; built-in appliances; and the range/oven unless otherwise stated." It is denied that Plaintiff never took responsibility for the propane tank or the gas which had to be returned with the tank. The tank belonged to Amerigas Propane, but the tank is not the subject matter in this case - the content is. Plaintiff was under no legal obligation to except a written contract/agreement for tank rental if Plaintiff feels that one cannot trust this fuel company to do the right thing for the consumer. Plaintiff had a legal right to refuse a rental tank agreement with Amerigas. That does not constitute lack of responsibility for the propane tank or the gas which had to be returned with the tank. Plaintiff was using sound judgment in making the proper decision for one's well being. Plaintiff purchase one's own propane tank and went with another provider that was more reasonable. 20. Denied. It is denied that Paragraph 27 of the Agreement of Sale releases Defendant from all liability in this matter. On May 7, 2009, Plaintiff and Defendant executed a written contract for the property located at 714 Hilltop Drive, New Cumberland, Cumberland County, PA 17070- 1735. Defendant signed and agreed to this Standard Agreement for the Sale of Real Estate. It is stated in Paragraph 27, Release, of the Standard Agreement for the Sale of Real Estate provides that, "Buyer releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES and any OFFICER or PARTNER of any one of them and any other PERSON, FIRM or CORPORATION who may be liable by or through them, from any and all claims, losses or demands, including, but not limited to, personal injury and property damage and all of the consequences thereof, whether known or not, which may arise from the presence of termites or other wood-boring insects, radon, lead-based paint hazards, mold, fungi or indoor air quality, environmental hazards, any defects in the individual on-lot sewage disposal system or deficiencies in the on-site water service system, or any defects or conditions on the Property. Should Seller be in default under the terms of this Agreement or in violation of any seller disclosure law or regulation, this release does not deprive Buyer of any right to pursue any remedies that may be available under law or equity. This release will survive settlement." Seller was in default under the terms of this Agreement which constitutes a breach of the Standard Agreement for the Sale of Real Estate as stated in Section 4 of the Standard Agreement for the Sale of Real Estate provides that, "FIXTURES & PERSONAL PROPERTY (A) INCLUDED in this sale are all existing items permanently installed in the Property, free of liens, including plumbing; heating; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers and transmitters; television antennas; unpotted shrubbery, plantings and trees; and any remaining heating and cooking fuels stored on the Property at the time of settlement; sump pumps; storage sheds; mailboxes; wall to wall carpeting; existing window screens, storm windows and screen/storm doors; window covering hardware, shades and blinds; awnings; built-in air conditioners; built-in appliances; and the range/oven unless otherwise stated." Plaintiff was financially damaged by Defendant's refusal to pay Plaintiff s refund to replace fuel, for a new storage tank that was already purchased at the time of settlement in the amount of $252.14 (propane fuel was $356.02 minus service term fee of $103.88). This is a conclusion of law to which a responsive pleading is required. After proper investigation of the Standard Agreement for the Sale of Real Estate, the plaintiff warrants probable cause to form a belief as to the truth of the averment. Proof has been justified in this matter and should move forward for trial. 21. Denied. It is denied that Plaintiff has failed to state a claim upon which relief can be granted. As stated before, On May 7, 2009, Plaintiff and Defendant executed a written contract for the property located at 714 Hilltop Drive, New Cumberland, Cumberland County, PA 17070-1735. Defendant signed and agreed to this Standard Agreement for the Sale of Real Estate. It is stated in Paragraph 27, Release, of the Standard Agreement for the Sale of Real Estate provides that, "Buyer releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES and any OFFICER or PARTNER of any one of them and any other PERSON, FIRM or CORPORATION who may be liable by or through them, from any and all claims, losses or demands, including, but not limited to, personal injury and property damage and all of the consequences thereof, whether known or not, which may arise from the presence of termites or other wood-boring insects, radon, lead-based paint hazards, mold, fungi or indoor air quality, environmental hazards, any defects in the individual on-lot sewage disposal system or deficiencies in the on-site water service system, or any defects or conditions on the Property. Should Seller be in default under the terms of this Agreement or in violation of any seller disclosure law or regulation, this release does not deprive Buyer of any right to pursue any remedies that may be available under law or equity. This release will survive settlement." Seller was in default under the terms of this Agreement which constitutes a breach of the Standard Agreement for the Sale of Real Estate as stated in Section 4 of the Standard Agreement for the Sale of Real Estate provides that, "FIXTURES & PERSONAL PROPERTY (A) INCLUDED in this sale are all existing items permanently installed in the Property, free of liens, including plumbing; heating; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers and transmitters; television antennas; unpotted shrubbery, plantings and trees; and any remaining heating and cooking fuels stored on the Property at the time of settlement; sump pumps; storage sheds; mailboxes; wall to wall carpeting; existing window screens, storm windows and screen/storm doors; window covering hardware, shades and blinds; awnings; built-in air conditioners; built-in appliances; and the range/oven unless otherwise stated." Propane stored/remained on the Property at the time of settlement/sale of this dwelling was used for the following: stove, fireplace, and heater. Just like the oil stored on the property that was remaining from this sales agreement was used for heating the home. It is denied that the propane was not from the sale of the dwelling. It was from the sale of the dwelling as stated in Section 4, of the Standard Agreement for the Sale of Real Estate. Propane was stored in a rented tank from Amerigas, but the rental tank is not the subject matter in this case - the content is. Fuel stored/remained on said Property at the time of settlement/sale of this dwelling is the subject matter. Plaintiff had a legal right to refuse a rental tank agreement with Amerigas. Plaintiff was under no legal obligation to except a written contract/agreement for tank rental if Plaintiff feels that one cannot trust this fuel company to do the right thing for the consumer. Defendants failure to pay Plaintiff his Refund constitutes a breach of the Standard Agreement for the Sale of Real Estate. Plaintiff was financially damaged by Defendant's refusal to pay Plaintiff s refund to replace fuel, for a new storage tank, that was already purchased at the time of settlement in the amount of $252.14 (propane fuel was $356.02 minus service term fee of $103.88). This is a conclusion of law to which a responsive pleading is required. After proper investigation of the Standard Agreement for the Sale of Real Estate, the plaintiff warrants probable cause to form a belief as to the truth of the averment. Proof has been justified in this matter and should move forward for trial. 22. Denied. It is denied that Plaintiff has waived any claim by failing to take responsibility for the rental of the Amerigas tank or transfer the existing gas to a new tank. Propane was stored in a rented tank from Amerigas, but the rental tank is not the subject matter in this case - the content is. Fuel stored/remained on said Property at the time of settlement/sale of this dwelling is the subject matter as stated in Section 4 of the Standard Agreement for the Sale of Real Estate provides that, "FIXTURES & PERSONAL PROPERTY (A) INCLUDED in this sale are all existing items permanently installed in the Property, free of liens, including plumbing; heating; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers and transmitters; television antennas; unpotted shrubbery, plantings and trees; and any remaining heating and cooking fuels stored on the Property at the time of settlement; sump pumps; storage sheds; mailboxes; wall to wall carpeting; existing window screens, storm windows and screen/storm doors; window covering hardware, shades and blinds; awnings; built-in air conditioners; built-in appliances; and the range/oven unless otherwise stated." Amerigas does not transfer existing propane from one tank to another on the property. It was told to Plaintiff that one would be refunded for the remaining propane left in the tank after pick-up. 23. Plaintiff was financially damaged by Defendant's Refusal to pay Plaintiff s Refund to replace fuel, for a new storage tank, that was already purchased at the time of settlement in the amount of $252.14 (propane fuel was $356.02 minus service term fee of $103.88), plus court costs $79.75 (restricted mail fee of $10.25 plus $69.50 - Magisterial District Court 09-1-01 fees) totals $331.89. Notice of Appeal filling fee was $91.75, plus postage in the amount of $48.48, which come to a grant total of $472.12. (EXHIBIT D) WHEREFORE, conclusion of law to which a responsive pleading is required. After proper investigation of the Standard Agreement for the Sale of Real Estate, executed by both Plaintiff and Defendant on May 7, 2009, the plaintiff warrants probable cause to form a belief as to the truth of the averment. Proof has been justified in this matter and should move forward for trial. Plaintiff respectfully requests this Court to enter a money judgment against Defendant in the amount of $472.12. Respectfully submitted, Tuso 714 Hilltop Drive New Cumberland, PA 17070-1735 Phone: 706-566-8679 Email: Thomas.tuso@us.army.mil Dated: March 15, 2011 VERIFICATION L THOMAS TUSO, HEREBY affirms/verify that the foregoing facts/information/statements made by me in this complaint are true and correct to the best of my knowledge, information and belief, said affirmation being made subject to penalties prescribed by Section 4904 of the Crimes Code (18 PA. C. S. Section. 4904), related to unsworn falsifications to authorities. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment by the Court. o uso, Pro Se 714 Hilltop Drive New Cumberland, PA 17070-1735 Phone: 706-566-8679 Email: Dated: March 15, 2011 CERTIFICATE OF SERVICE I, Thomas Tuso, Plaintiff, hereby certify on March 15, 2011,1 served a copy of the following: Notice to Plead, Answer to New Matter, and Verification upon the following person by first class mail - Certified Mail, Return Receipt Requested, addressed as follows: William L. Adler, Esquire 4949 Devonshire Road Harrisburg, PA 17109 714 Ifilltop Drive New Cumberland, PA 17070-1735 Phone: 706-566-8679 Email: Thomas.tuso@us.army.mil Thomas Tuso 714 Hilltop Drive New Cumberland, PA 17070-1735 Phone: 706-566-8679 Email: Thomas. tuso(2(us.army. miI Thomas Tuso, Plaintiff V. Laura Foreman, Defendant of THE PROTHoj1gOE i8lI APR -5 Ah 9: 59 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-7724 Civil NOTICE OF INTENTION IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AGAINST A NOTICE TO PLEAD TO ANSWER TO NEW MATTER, AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS IN A NOTICE TO PLEAD WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A PETITION FOR APPOINTMENT OF ARBITRATORS WILL BE ENTERED AGAINST YOU AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES Carlisle Ojtlce 401 East Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400 (800) 822-5288 Harrisburg Office 213-A North Front Street Harrisburg, PA 17101-2240 (717) 232-0581 (800) 932-0356 April 5, 2011 New Cumberland, PA 17070-1735 Phone: 706-566-8679 Email: Thomas.tusogus.arr.mil VERIFICATION I, THOMAS TUSO, HEREBY affirms/verify that the foregoing facts/information/statements made by me in this complaint are true and correct to the best of my knowledge, information and belief; said affirmation being made subject to penalties prescribed by Section 4904 of the Crimes Code (18 PA. C. S. Section. 4904), related to unsworn falsifications to authorities. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment by the Court. Tho use 714 Hilltop Drive New Cumberland, PA 17070-1735 Phone: 706-566-8679 Email: Thomas. tuso(:cgus.army. mil April 5, 2011 ,?, '' CERTIFICATE OF SERVICE I, Thomas Tuso, Plaintiff, hereby certify on April 5, 2011,1 served a copy of the following: Notice Of Intention and Verification upon the following person by first class mail - Certified Mail, Return Receipt Requested, addressed as follows: William L. Adler, Esquire 4949 Devonshire Road Harrisburg, PA 17109 714 Hilltop Drive New Cumberland, PA 17070-1735 Phone: 706-566-8679 Email: Thomas.tuso(@us.arryly.mil t Thomas Tuso 714 Hilltop Drive New Cumberland, PA 17070-1735 Phone: 706-566-8679 Email: Thomas.tusora?us.armtir.mil Thomas Tuso, Plaintiff V. Laura Foreman, Defendant Ct THE FROTH N ? .0 TAB 101 !'PR C41, UMeERC fig PENNSYLVAN ANT IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-7724 Civil NOTICE OF INTENTION IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AGAINST A NOTICE TO PLEAD TO ANSWER TO NEW MATTER, AND FILE IN WRITING WTTH THE COURT YOUR DEFENSES OR OBJECTIONS IN A NOTICE TO PLEAD WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A PETITION FOR APPOINTMENT OF ARBITRATORS WILL BE ENTERED AGAINST YOU AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES Carlisle Ojfrce 401 East Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400 (800) 822-5288 Harrisburg Offlce 213-A North Front Street Harrisburg, PA 17101-2240 (717) 232-0581 (800) 932-0356 Hilltop Drive Cumberland, PA : 706-566-8679 Email: Thomas.tuso c pus arm%-.mil April 5, 2011 New 17070-1735 Phone VERIFICATION I, THOMAS TUSO, HEREBY affirms/verify that the foregoing facts/information/statements made by me in this complaint are true and correct to the best of my knowledge, information and belief, said affirmation being made subject to penalties prescribed by Section 4904 of the Crimes Code (18 PA C. S, Section. 4904), related to unworn falsifications to authorities. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment by the Court. Tho Tuso 714 Hilltop Drive New Cumberland, PA 17070-1735 Phone: 706-566-8679 Email: Thomas.tuso,irgs ai-niy.mii April 5, 2011 CERTIFICATE OF SERVICE I, Thomas Tuso, Plaintiff, hereby certify on April 5, 2011,1 served a copy of the following: Notice Of Intention and Verification upon the following person by first class mail - Certified Mail, Return Receipt Requested, addressed as follows: William L. Adler, Esquire 4949 Devonshire Road Harrisburg, PA 17109 714 Hilltop Drive New Cumberland, PA 17070-1735 Phone: 706-566-8679 Email: Thomas.tuso us.army.mil CARLISLE NPO CARLISLE, Pennsylvania 170139998 4134870013 -0093 03/15/2011 (800)275-8777 10:30:15 AN Sales Receipt Product Sale Unit Final Description Qty Price Price HARRISBURG PA 17109 $1.39 Zone-1 First-Class Large Env 3.90 oz. Issue PVI: s.aaemea $1.39 HARRISBURG PA 17109 $1.39 Zone-1 First-Class Large Env 3.90 oz. Expected Delivery: Wed 03/16/11 Return Rcpt (Green Card) $2.30 Certified $2.80 Label M 70093410000156065537 Issue PVI: szxaazaa $6.49 Total: $7.88 Paid by: Cash $8.00 Change Due: -$0.12 Order stamps at USPS.com/shop or call 1-800-Stamp24. Go to USPS.com/clicknship to print shipping labels with postage. For other information call 1-800-ASK-USPS. *****"'w******w*w*w**wwwwwwwwwwwwwwwwwwww ****wwwwwwwwww***w*****w**wwwwwwwwwwwwww Get your mail when and where you want it with a secure Post Office Box. Sign up for a box online at usps.com/poboxes. *****w**w********wwwwwwwwwwwwwwwwwwwwwww wwwwwww,rwwwwwww,twwwww,rwwwwwwwwwwwwwwwwww Bill#: 1000704053569 Clerk: 07 All sales final on stamps and postage Refunds for guaranteed services only Thank you for your business **w*w***www*+?*wwwwwww*wwwwwwwwwwwwwwwwww wwwwwwww*ww**w**"'*ww***www**wwwwwwwwwwww HELP US SERVE YOU BETTER Go to: https://postalexperience.com/Pos TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE YOUR OPINION COUNTS www"'ww'"wwww*""ww**********w***wwwwwwwwwww +vwwwwwwwww"w***w*'"******ww*ww*wwwwwwwwww Customer Copy ?m' (Domestic Only, Ln Postage a f1.3? 7 Certified Fee S2,161 Q A 07 V O Return Receipt Fee O (Endorsement Required) C3 o Restricted DeWery Fee p (Endorsement Required) so " _' Total Postage -& Fees $ !b•49 11 M sent To ?i... .. p sheer, api w; r-- or PO Box Afa 104 I e Thomas Tuso 714 Hilltop Drive New Cumberland, PA 17070-1735 Phone: 706-566-8679 Email: Thomas.tusonus.army.mil Thomas Tuso, Plaintiff V. Laura Foreman, Defendant 1 ILED-OFFICE (' THE- HOTHONOTAr Y 2011 APR 18 AM 11: 0-0 C' MBERLAND COUNT PENNSYLVANIA IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :NO, 10-7724 Civil PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Thomas Tuso, Pro Se, in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $486.42. There is no counterclaim by the defendant in this action. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, Dated: April 18, 2011 Q,LL+ % 2y oo rd pOP Q ?s $a GO New Cumberland, PA 17070-1735 Phone: 706-566-8679 Email: Thomas.tusoQus army mil CERTIFICATE OF SERVICE I, Thomas Tuso, Plaintiff, hereby certify on April 18, 2011,1 served a copy of the following: Petition For Appointment Of Arbitrators, pe or sing ase or rgu gment, ri and Verification upon the following person by first class mail - Certified Mail, Return Receipt Requested, addressed as follows: William L Adler, Esquire 4949 Devonshire Road Harrisburg, PA 17109 Email: Thomas.tuso us.army.mil New Cumberland, PA 17070-1735 Phone: 706-566-8679 VERIFICATION I, THOMAS TUSO, HEREBY affirms/verify that the foregoing facts/information/statements made by me in this complaint are true and correct to the best of my knowledge, information and belief, said affirmation being made subject to penalties prescribed by Section 4904 of the Crimes Code (18 PA. C. S. Section. 4904), related to unworn falsifications to authorities. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment by the Court. April 18, 2011 New Cumberland, PA 17070-1735 Phone: 706-566-8679 Email: Thomas.tusona us army mil THOMA? TUSO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : vs CIVIL ACTION - LAW NO. 10-7724 CIVIL LAURA FOREMAN, ORDER D NOW, this ZG day of April, 2011, the appointment of Robert Quigley, Esquire, a member of the Board of Arbitrators in the above-captioned case is VACATED. James Robinson, Esquire, is appointed in his place. BY THE COURT, Kevin Al Hess, P. J. Shaulis, Esquire L Board of Arbitrators Court Administrator :rlm co y ?MA.'led q la(, I I I c m ? rn x - - v as r- _V rr-f tnr N 70C) ON CD C; > C-) = -V C CD --n _ :77 C-- D W ?rFp 1110 Ma Ty s, In The Court of Common Pleas of Cumberland Plaintiff County, Pennsylvania No. _/ U - ] 22 y c?u,,,,J' Lau)cA 'Fo ccAvqavx DefendAnt v Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. ig ature r eq -RA LS Name (Chairman) Law Firm 0 C3ax I2 Address Signature 44002co J. Bwowt Name A,i6DiRN?Yt Law Firm 41 W. LokTtf rt. Sr. Address Si nature Name Law Firm Address C? ts Ic. P,? i3a 3 C',4au. , M 117013 GA P-L ,see, VA /-7 13 City, Zip City, Zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the fol wing award: (Note: If damages for delay are a arded, they shall be separately stated.) 1q IC? . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: r7--?o- t l Date of Award: 4t pgq, 4 4/ (Chairman) Notice of En`Erv of Awa Now, the & k4 day of , 20 // , at A?--'00( , )0 .M., the above award was entered upon the docket and notice ere f given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal Prothonotary 3-5-0 . CEO Deputy FILED-U1r F ICE OF THE PROTHONO-WH`( 2011 JUL -6 PM 12: 04 CUMBERLAND COUNT PENNSYLVANIA y?Itflll9f2._? ?CJrjG p t?*1- C-) William L. Adler, Esquire C3 4949 Devonshire Rd. -0 ° Harrisburg PA 17109 Phone: 717-652-8989 y,?c vM Fax: 717-307-3343 ..? w Email: bal(&Billadlerlaw.com "C Supreme Court ID: 39844 Thomas Tuso, : IN THE COURT OF COMMON PLEAS Plaintiff : Cumberland COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Laura Foreman, :NO. 10-7724 Civil Defendant PRAECIPE Please mark the above action settled and discontinued with prejudiVe. ,-T4pmifs Tuso, Plaintiff 714 Hilltop Dr. New Cumberland, PA 17070 *4 a ra Foreman, Defendant 1 Cedar Cliff Dr. Camp Hill, PA 17011 November 3, 2011