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HomeMy WebLinkAbout04-4173MICHAEL DUBAICH and TARA DAWN HAZEN, V. Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA p y- yl?3 NO. CIVIL TERM EK VENTURES, INC., KIRK L. NACE, and REMAX REALTY ASSOCIATES, INC, Defendants TO THE PROTHONOTARY: CIVIL ACTION - LAW PRAECIPE Please issue a Writ of Summons in the above-captioned action and forward it to the Sheriff for service. Date: 7 )0 0 y submitted, Richard P. Mislitsky, Esquue Supreme Court ID #28123 One West High Street Carlisle, PA 17013 (717) 241-6363 Counsel for Plaintiffs k W. Allshouse, Es uire upreme Court ID #7 14 'One West High Street Carlisle, PA 17013 (717) 241-6363 Counsel for Plaintiffs G G` G MICHAEL DUBAICH and IN THE COURT OF COMMON PLEAS OF TARA DAWN HAZEN, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO.0 f J! 71 CIVIL TERM EK VENTURES, INC., KIRK L. NACE, and REMAX REALTY ASSOCIATES, INC, Defendants : CIVIL ACTION - LAW WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: EK Ventures, Inc Kirk L. Nace Remax Realty Associates, Inc I South Market Street 4325 Market Street 4325 Market Street Duncannon, PA 17020 Camp Hill, PA 17011 Camp Hill, PA 17011 You are hereby notified that the above-named Plaintiff has commenced an action against you. Date: /A.31a R OZXI? PROCNOTARY ? MICHAEL DUBAICH and TARA DAWN HAZEN, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM EK VENTURES, INC., KIRK L. NACE, and REMAX REALITY ASSOCIATES, INC, Defendants CIVIL ACTION - LAW MOTION FOR PRE-COMPLAINT' DISCOVERY AND NOW, comes Plaintiffs, Michael Dubiach and Tara Dawn Hazen, Inc. by and through their attorneys, Richard P. Mislitsky, Esquire and Mark W. Allshouse and respectfully file the following Motion for Pre-Complaint Discovery: 1. Plaintiffs have initiated a cause of action against the above-named Defendants by filing a Writ of Summons contemporaneous with filing; of this Motion. A true and correct copy of which is attached hereto and made a part hereof marked as Exhibit "A". 2. This matter involves a potential breech of contract action between Plaintiffs and the Defendant Realtors arising from the Plaintiffs purchase/sale of real property. 3. Plaintiffs filed this Motion for pre-Complaint discovery in order to determine to ascertain the facts surrounding the real estate transactions herein at issue. 4. The facts herein at issue are primarily within the control and sole dominion of the Defendants. 5. It is respectfully submitted that Plaintiffs cannot properly file a Complaint without determining the facts. It is further respectfully submitted that Plaintiffs cannot ascertain all of the facts unless pre-Complaint discovery is allowed by this Honorable Court. 6. In addition to the aforesaid, pre-Complaint is affirmatively averred that pre- Complaint discovery is necessary for the following reasons: i. In order to determine the appropriate cause of action or actions which may exist against some or all of the above-named Defendants; ii. In order to determine whether the cause of action in fact exists; To determine whether or not the above named parties are properly named Defendants, and to further determine whether or not the other individuals and/or entities need to be named as Defendants; iv. To prepare and file a well plead and factually accurate Complaint, if such is determined to be necessary. 7. It is affirmatively averred that leave of court to conduct pre-Complaint discovery will likely serve to promote judicial economy. 8. Leave of court to conduct pre-Complaint discovery will likely save all parties time and money by reducing the amount of additional documents required to be filed to amend the facts, the parties, or the causes of action. 9. It is respectfully submitted that the Plaintiffs are agreeable if this Court believes it necessary to establish parameters governing pre-Complaint discovery, including but are not limited to a time deadline upon which to conduct such discovery; and limiting the areas of inquiry as the Court may deem necessary. 10. It is further respectfully requested that after conclusion of pre-Complaint discovery, the Plaintiffs are given a reasonable amount of time order to determine whether a Complaint should be filed, and if so, to file the appropriate Complaint. WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter an Order granting them leave of court to conduct pre-Complaint discovery and further granting a Stay of Proceedings for a period of not less than thirty (30) from the completion of pre-Complaint discovery. Re ctfu ly submitted Date: Richard P. Mislitsky, Esquire Supreme Court ID #28123 One West High Street Carlisle, PA 17013 (717) 241-6363 Counsel for Plaintiffs k MI. Allshouse, squ' e upreme Court ID # 780 4 One West High Street Carlisle, PA 17013 (717)241-6363 Counsel for Plaintiffs MICHAEL DUBAICH and TARA DAWN HAZEN, Plaintiffs V. EK VENTURES, INC., KIRK L. NACE, and REMAX REALTY ASSOCIATES, INC, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ty ii?L3 NO. CIVIL TERM CIVIL ACTION -- LAW PRAECIPE TO THE PROTHONOTARY: P, MS;isew a. Writ of Summons in the above-captioned action and forward i140 the S6eriff?i?. - submitted, Date: S 11 0 y Richard P. Mislitsky, Esau Supreme Court ID #28123 One West High Street Carlisle, PA 17013; (717) 241-6363 Counsel for Plaintiffs )Ork W. Allshouse:, E Supreme Court ID NT One West High Street Carlisle, PA 17013 (717) 241-6363 Counsel for Plaintiffs 0- MICHAEL DUBAICH and TARA DAWN HAZEN, V. Plaintiffs EK VENTURES, INC., KIRK L. NACE, and REMAX REALTY ASSOCIATES, INC, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA O 4/' qd' 7J NO. CIVIL TERM CIVIL ACTION -- LAW WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: EK Ventures, Inc 1 Soalwariict Sheet Duncannon, PA 17020 Kirk L Noce 4325 Street Camp PA 17011 Remax Realty AssdLi ti , 4325 Markel Street Camp Hill, PA 1701 You are hereby notified that the above-named Plaintiff has commenced an action against you. Date: PROTHONOTAR-i' MICHAEL DUBAICH and TARA DAWN HAZEN, V. Plaintiffs EK VENTURES, INC., KIRK L. NACE, and REMAX REALITY ASSOCIATES, INC, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid as follows: EK Ventures, Inc 1 South Market Street Duncannon, PA 17020 Kirk L. Nace Remax Realty Associates, Inc 4325 Market Street 4325 Market Street Camp Hill, PA 17011 Camp Hill, PA 17011 Respectfully submitted, Date: L1 ire For: 'chard P. Mislitsky, 'Esqu Supreme Court ID #28123 One West High Street Carlisle, PA 17013 (717)241-6363 Counsel for Plaintiffs Mark W. Allshouse, Esquire Supreme Court ID # 78014 One West High Street Carlisle, PA 17013 (717) 241-6363 Counsel for Plaintiffs SEP 0 1 2004 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 4- q'-7 tIVIL TERM CIVIL ACTION - LAW RULE TO S OW CAUSE AND NOW, this ?( day of 49,2004, a Rule to Show Cause is hereby MICHAEL DUBAICH and TARA DAWN HAZEN, Plaintiffs V. EK VENTURES, INC., KIRK L. NACE, and REMAX REALITY ASSOCIATES, INC, issued upon Defendants to show cause why the Motion for pre-Complaint Discovery filed by Plaintiffs should not be granted. Defendants shall havef ?co •, 5eo cc days in which to file a response to Plaintiffs' A, Motion. Failure to do so will result in the Plaintiff Motion being granted upon proper filing of a Rule Absolute. Counsel for Plaintiffs shall Cause a copy of this Rule to be served on all Defendants. BY THE COURT .No ,b ,_ t?; - N t_ CW V SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-04173 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DUBAICH MICHAEL ET AI, VS EK VENTURES INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: EK VENTURES INC but was unable to locate Them deputized the sheriff of PERRY in his bailiwick. He therefore County, Pennsylvania, to serve the within WRIT OF SUMMONS On September 9th , 2004 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Perry County 44.00 .00 81.00 09/09/2004 RICHARD MISLITSKY So ;n?sswe f R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this .Io2 ?w( day of i`,L4111 ,200 `f A.D. l^- o Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2004-04173 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DUBAICH MICHAEL ET AL VS EK VENTURES INC ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon NACE KIRK L the DEFENDANT , at 1412:00 HOURS, on the 26th day of August 2004 at 4325 MARKET STREET CAMP HILL, PA 17011 by handing to PATRICIA BEAVER, LISTING & SALES COORDINATOR a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 10.36 Affidavit .00 Surcharge 10.00 .00 26.36 Sworn and Subscribed to before me if day of ?L?f ?J2i{V(( A.D. ""e l..fi. 1 w-7 othonotary / So Answers: R. homas Kline 09/09/2004 RICHARD MISLITSKY By : e?7: Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2004-04173 P COMMONWEALTH OF PENNSYLVANIA; COUNTY OF CUMBERLAND DUBAICH MICHAEL ET AL VS EK VENTURES INC ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon REMAX REALTY ASSOCIATES INC the DEFENDANT , at 1412:00 HOURS, on the 26th day of August 2004 at 4325 MARKET STREET CAMP HILL, PA 17011 by handing to PATRICIA BEAVER, LISTING & SALES COORDINATOR a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this -2.2,t..4 day of /,777Prothonotary So Answers: R. Thomas Kline 09/09/2004 RICHARD MISLITSKY By: /y l fiY y l/// " pu??hell ?1 In The Court of Common Pleas of Cumberland County, Pennsylvania Michael Dubaich et al VS. EK Ventures Inc No. 04-4173 civil Now, August 25, 2004 hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff' p Sheriff of Cumberland County, PA Affidavit of Service Now, September 7, 20 04 at 2:52 o'clock P M. served the within writ of Summons upon_ EK Ventures, Inc. 1 S. Market St. Duncannon, PA 17020 at 235 Ridgeview Dr. Marysville, PA 17053(Marysville Borough) Alec: Rddre35 ° by handing to Kirk Nace, Owner , I, SHERIFF OF CUMBERLAND COUNTY, PA, do a True & Attested copy of the original Writ of Summons and made known to Him the contents thereof. So answers, Aaron D. Richards Sworn and subscribed before me this 0 day of Se , 20_0 L 9 RXMM, ?NuARY mw lIDOMFI6LD lOfl0., F4 w coulm MY ODUMM FXPINEE FEML 16,2= 06 4W-L ? DeputySheriffof Perry County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT $ MICHAEL DUBAICH and TARA DAWN HAZEN, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4173 CIVIL TERM EK VENTURES, INC., KIRK L. NACE, and ; CIVIL ACTION -LAW REMAX REALTY ASSOCIATES, INC. Defendants MOTION TO MAKE RULE ABSOLUTE come plaintiffs, Michael Dubiach and Tara Dawn Hazen by and through AND NOW, Esquire and respectfully their attorneys, Richard P. Mislitsky, Esquire and Mark W • A.Ilshouse, file the following motion to Make Rule Absolute: I. On August 25, 2004, plaintiffs filed a Motion for Pre Complaint Discovery and a Rule to Show Cause. Oler, Jr. through a Rule 2. On or about September 3, 2004, the Honorable; J. Wesley ided Defendants twenty (20) days from the date of service in which to file a to Show Cause prov, response to Plaintiffs' Motion. 3. Defendants were served with the Rule to Show Cause on about September 7, 2004. A copy of the docket entries showing service of Process is attached as Exhibit A. q The twenty (20) day period in which Defendants had to respond to the Rule to Show Cause has expired and to date no ressCohave urt been filed. Rule Absolute and grant the 5 Plaintiffs request this Honorable relief requested in Plaintiffs' Motion for Pre-Complaint Discovery. WHEREFORE, plaintiff respectfully requests this Honorable Court to make the Rule Absolute. Date: Respectfully submitted, Richard AMiAjslitsky, Esquire Supreme Court ID #28123 One West High Street Carlisle, PA 17013 (717) 241-6363 Counsel for Plaintiffs fa?rk W. Allshouse, squire reme Court ID 78014 One West High Street Carlisle, PA 17013 (717) 241-6363 Counsel for Plaintiffs MICHAEL DUBAICH and TARA DAWN HAZEN, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4173 CIVIL TERM EK VENTURES, INC., KIRK L. NACE, and REMAx REALTY ASSOCIATES, INC. CIVIL ACTION - LAW Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the Rule to Show Cause has been duly served upon the following, by depositing a copy of the same in the United states Mail, first-class, postage prepaid as follows: Kirk L. Nace Remax Realty Associates, Inc EK Ventures, Inc 4325 Market Street c/o Kirk L Nace 4325 Market Street 4325 Market Street Camp Hill, PA 17011 Camp Hill, PA 17011 Camp Hill, PA 17011 Respectfully submitted, Date: Ib FI<Mi S upreme Court ID #28123 One West High Street Carlisle, PA 17013 (717) 241-6363 Counsel for Plaintiffs Page 1 P.YS511 CumberlandvCounty PPrintnotary'S Office Ciil Case 2004-04173 DUBAICH MICHAEL ET AL (vs) EK VENTURES INC ET Filed L. •...: 8/23/2004 Time . .;. . . ...: 12:28 Reference No.• WRIT OF SUMMONS Execution Date 0/00/0000 Case Type :....: Jury Trial.... Judgment ...... Judge Assigned: Disposed Date. 0/00 0000 Disposed Desc.: Higher Crt 1.: ------------ Case Comments Higher Crt 2.: Attorney Info General Index PLAINTIFF MISLITSKY RICHARD P DUBAICH MICHAEL ALLSHOUSE MARK W NO ADDRESS PROVIDED PLAINTIFF MISLITSKY AWD P HAZEN TARA DAWN ALLSHOUSE MARK NO ADDRESS PROVIDED DEFENDANT EK VENTURES INC 1 SOUTHON PA ET1STR0ET DEFENDANT NACE KIRK L 4325 MARKET STREET CAMP HILL PA 17011 DEFENDANT REMAX REALTY ASSOCIATES INC 4325 MARKET STREET CAMP HILL PA 17011 ****************************************************************************** * Date Entries _ _ FIRST ENTRY - - - - ' - - ------------- WRITOF SUMMONS ISSUED 8/23/2004 PRAECIPE FOR WRIT OF SUMMONS IN CIVIL - - - - - ACTION------------------------ ------------- ------------ W ALLSHOUSE ESQ FORC//PLFFY - B5' RICHARD P-MISLITSKY-ES -- 8/25/2004 MOTION R FOR I ---- -- ---- ----- - --- - - ---- 9/07/2004 DISCOVERYH- ACRULE TODSH-, C7?USE4IS HEREBYMOISSUEDFUUPONRDEFTTTO COMPLAINT PLOFFSCSHOULDHNOTHBEMGTRAION NTED R BYE THEMCOURTTJDWESLLEYROLERLJR BY COPIES MAILED _ __ ---------------------- 9/09/2004 SHERIFF'S FILE RETURNED FILED. Case Type: WRIT OF SUMMONS Ret Type.: Out of County Litigant.: EK VENTURES INC Ctdy?St/Zp: 235 PA DRIVE SERVED 9/07/04 County Nm: PERRY Ret Date.: 09/09/2004 Costs....: $81.00 Pd By: RICHARD MISLITSKY 09/09/2004 - - -- 9/09/2004 SHERIFF'S FILE RETURNED FILED. Case Type: WRIT OF SUMMONS Ret Type.: Regular ess .: 4325 KIRK Addr MARKET STREET Cty/St/Zp CAMP HILL PA 17011 Hnd To: PATRICIA BEATER, LISTING & SALES COORDINATOR Shf/D ty.: DAVID MCKINNEY Date/Time: 08/26/2004 1412:00 Costs....: $26.36 Pd By: RICHARD MISLITSKY 09/09/2004 - - - --- -------------------------------------------------------- 9/09/2004 SHERIFF'S FILE RETURNED FILED. Case T e: WRIT OF SUMMONS Ret Te.: Regular Address..: 4325XMARKETYSTREETIATESypNC CtY/St/Z • CAMP HILL, PA 17011 Et To: PATRICIA BEAVER, LISTING & SALES COORDINATOR Shf/D ty.: DAVID MCKINNEY Date/ Time: 08/26/2004 1412:00 Costs....: $16.00 Pd B : RICHARD MISLITSKY 09/09/2004 - - - - - - - - - - O EXHIBIT _ l ]_ N ? ?s1 S c a nib:- -r m t n,' 7 c.u'? L S=t4j ? C)i? . ? ?^.= [Tt r. ?, . .. ..,. "3 rte' -?"' w MICHAEL DUBAICH and : IN THE COURT OF COMMON PLEAS TARA DAWN HAZEN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 04-4173 CIVIL TERM V. EK VENTURES, INC., KIRK L. NACE, and REMAX REALTY ASSOCIATES, INC., Defendants CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Jonathan H. Rudd and Susan V. Metcalfe of McNees Wallace & Nurick LLC as counsel on behalf of Defendants Kirk L. Nace and Re/Max Realty Associates, Inc. in the above-referenced matter. MINE S WALLACE & NURICK LLC Harrisburg, PA 17108-1166 Attorneys for Defendants Kirk L. Nace and Re/Max Realty Associates, Inc. BY Jonathan H. Rudd, Esquire Attorney I.D. No. 56880 Susan V. Metcalfe, Esquire I.D. No. 85703 100 Pine Street P.O. Box 1166 (717) 232-8000 Dated: October G_, 2004 CERTIFICATE OF SERVICE I hereby certify that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Richard P. Mislitsky, Esquire Mark W. Allshouse, Esquire One West High Street Carlisle, PA 17013 EK Ventures, Inc. 1 South Market Street Duncannon,PA 17020 McNEES WALLACE & NURICK LLC By 6 '?4 onathan H. Rudd, squire Attorney I.D. No. 56880 Susan V. Metcalfe, Esquire Attorney I.D. No. 85703 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defendants Kirk L. Nace and Re/Max Realty Associates, Inc. Dated: October __ ?_, 2004 C-Y ?, cca iJ .c ?; (ilk: i m J I "1 ill ? _ ti. ?(. 1 'i' J ,? oci oe zooa U MICHAEL DUBAICH and TARA DAWN HAZEN, Plaintiffs V. IN THE COURT OF, COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4173 CIVIL TERM EK VENTURES, INC., KIRK L. NACE, and CIVIL ACTION -1LAW REMAX REALTY ASSOCIATES, INC. Defendants ORDER r , 2004, it is hereby ordered that qf? day of AND NOW, this the Rule issued regarding Plaintiffs' Motion for Pre-Complaint Discovery is made absolute. Plaintiffs' Motion for Pre-Complaint Discovery is granted. All proceedings are hereby stayed until thirty (30) days after plaintiffs have completed their pre-complaint discovery, which discovery shall be scheduled as soon as possible and shall not be delayed. hereof. If Plaintiffs Plaintiffs' discovery shall be completed within sixty (60) days require additional time for discovery, an extension must be filed with this Court. Plaintiffs shall than file the Complaint within thirty (30) days of completion of said pre- complaint discovery. '0' BY THE COURT ?w v 4'1" Zf iv??IiluZ V?r? r F ? i r MICHAEL DUBAICH and TARA DAWN HAZEN Plaintiffs V. RE/MAX REALTY ASSOCIATES, INC., KIRK L. NACE, and EK VENTURES, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4173 CIVIL TERM CIVIL ACTION- LAW Notice to Defend TO: RE/MAX Realty Associates, Inc., Kirk L. Nace, and EK Ventures, Inc., Defendants YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE.. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 Dater Fick Allshouse, Es uire rneID # 7801hard P. Mislitsky, Esquire Attorney ID # 28123 One West High Street PO Box 1290 Carlisle, PA 17013 717-582-4006 Attorney for Plaintiffs MICHAEL DUBAICH and IN THE COURT OF COMMON PLEAS OF TARA DAWN HAZEN CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 04-4173 CIVIL TERM RE/MAX REALTY ASSOCIATES, INC., : KIRK L. NACE, and CIVIL ACTION-LAW EK VENTURES, INC. Defendants Complaint AND NOW, come the Plaintiffs, Michael Dubaich and Tara Dawn Hazen, by and through their attorneys, Richard P. Mislitsky, Esquire, and Mark W. Allshouse, Esquire, and respectfully file the following Complaint and aver as follows: 1. Plaintiffs, Michael Dubaich and Tara Dawn Hazen, are adult individuals, formerly man and wife, residing apart at 188 Equitation Way, Millerstown, Perry County, Pennsylvania 17062. 2. The Defendant RE/MAX Realty Associates, Inc. is believed and therefore averred to be a corporation and a franchise which is privately owned maintaining a business address of 3425 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011 (hereinafter "RE/MAX"). 3. At all times material hereto, RE/MAX acted by and through its agents, servants, workmen, employees, and affiliated business entities, all of whom held themselves out as agents of RE/MAX having the authority to act on behalf of RE/MAX. 4. The Defendant Kirk L. Nace is an adult individual and agent for RE/MAX having a business address of 3425 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011 (hereinafter "Nace"). 5. At all times material hereto, Nace acted for and on behalf of Defendant RE/MAX and held himself out as having the authority to so act. 6. At all times material hereto, RE/MAX held Defendant Nace out to Plaintiffs and the public as its agent, servant, and representative having the authority and permission to act on behalf of RE/MAX. The Defendant EK Ventures, Inc. is believed and therefore averred to be a Pennsylvania corporation having an address of One South Market Street, Duncannon, Perry County, Pennsylvania 17020 (hereinafter "EK Ventures"). 8. At all times material hereto, EK Ventures acted by and through its agents, servants, workmen, employees, and affiliated business entities, all of whom held themselves out as agents of EK Ventures having the authority to so act. 9. At all times material hereto, Defendant Nace held himself out to the Plaintiffs as working for and under the auspices, control, and guidance of the Defendant RE/MAX. 10. It is believed and therefore averred that at all times material hereto, Defendant Nace was either an officer, shareholder, and/or held some position of authority with Defendant EK Ventures. 11. Plaintiffs believe and therefore aver that a business relationship existed between all of the Defendants. Plaintiffs can plead these averments with no greater specificity in that after reasonable investigation, Plaintiffs are without sufficient knowledge, information, and belief to plead more specifically. 12. At all times material hereto, each of the Defendants knew, had reason to know, or should have known of the action, inaction, and/or conduct of the other Defendants. 13. Plaintiffs affirmatively aver that each of the Defendants benefited, directly or indirectly, from the actions or inaction of the other Defendants. 14. On or about December 14, 2001, Plaintiffs entered into an Agreement of Sate with Mr. and Mrs. Boyer ("Boyers") for the purchase of property in Tuscarora Township, Perry County, Pennsylvania. The "Property" is situated at RR # 1, Box 185, Mitlerstown, Pennsylvania 17062. Copies of the Agreement of Sale ("Boyer Agreement") and mortgage from the Boyers are attached hereto and made a part hereof and marked collectively as Exhibit A. 15. The terms of the Boyer Agreement were suggested and/or promoted by the Defendants and such actions and representations were instrumental in Plaintiffs' decision to not only purchase the Property but also in Plaintiffs' decision to accept the terms of the Boyer Agreement. 16. Pursuant to the Boyer Agreement, one half of the purchase price was to be paid by the Plaintiffs at closing on December 14, 2001 with the remaining amount being paid by the Plaintiffs to the Boyers within one year. During such time, Plaintiffs agreed that Boyers would continue to occupy and reside in the Property until the Boyers had completed construction of a new residence. 17. Pursuant to the Boyer Agreement, Plaintiffs were required to pay the remaining price due upon final sale of the Property or within one year of the Agreement, whichever occurred first. 18. Defendants suggested subdivision of the Property and agreed to handle the subdivision process. The Property was to be subdivided into four parcels: A. A 50-acre tract upon which Plaintiffs intended to build a house and run a business; B. A ten-acre tract with a house and a barn (hereinafter "subdivided property" or "ten-acre tract"). This tract was subject to an Exclusive Listing Agreement (see paragraph 18) with RE/MAX and an Agreement to sell to EK Ventures (see paragraph 23) for the net price of $125,000, as hereinafter set forth; and C. Two lots of one-and-a-half acres each: RE/MAX was given an Exclusive Listing Agreement for each tract (see paragraph 19). 19. On December 14, 2001, Plaintiffs, as referred to in 17 B, entered into it "Listing Agreement" with RE/MAX to sell a portion of the Property, the ten-acre tract, purchased by Plaintiffs from the Boyers. A copy of the Listing Agreement is attached hereto and marked as Exhibit B. 20. In addition to the Listing Agreement identified as Exhibit B, Plaintiffs were also induced by Defendants to enter into three other exclusive Listing Agreements with RE/MAX for the sale of the two one-and-a-half acre tracts (as referred to in 17 C) and the home occupied by the Plaintiffs. Plaintiffs are not in possession of these agreements; however, the actual listings which evidence these agreements are attached hereto and collectively marked Exhibit C. 21. The Properties set forth in paragraph 19 above are not herein at issue. The Listing Agreements were rescinded after complaints by Plaintiffs to Defendant RE/MAX. The "subdivided property" (ten acres with house and barn) is at issue. 22. Plaintiffs entered into the Listing Agreement(s) with Defendant as a result of the representations of RE/MAX, its advertisements, as well as other inducements and representations made by the Defendants including but not limited to representations that the "subdivided property" would be easy to sell for more than the amount owed by Plaintiffs to the Boyers, well within the one-year time period set forth in the Agreement between the Plaintiffs and the Boyers. 23. Defendants further assured the Plaintiffs that the subdivided property would be easy to sell because of the reputation of RE/MAX; its experience, marketing efforts, and the network developed by RE/MAX, as well as the work efforts and reputation of the Defendant Nace, acting on behalf of RE/MAX. 24. In support of Defendants' representations to the Plaintiffs, and as an inducement to enter into the Listing Agreement with RE/MAX, the Plaintiffs were told that if the subdivided property could not be sold within one year, the Defendants would purchase the subdivided ten- acre tract from the Plaintiffs at a price guaranteed to net the Plaintiffs at least the amount due to the Boyers. Initially, Plaintiffs were told that RE/MAX would be the buyer of the ten-acre tract. It was not until sometime later that Plaintiffs learned of the involvement of EK Ventures, Inc. A copy of said Agreement ("Ventures Agreement") is attached hereto and marked Exhibit D. 25. Defendant Nace assured the Plaintiffs that the Ventures Agreement was known to and approved by the Defendants RE/MAX and EK Ventures and had been used in the past without complaint. 26. At all times material hereto, Plaintiffs reasonably relied upon the representations, advertisements, reputation, actions, statements, and other conduct of the Defendants. 27. On or about March 26, 2002, Plaintiff's completed the subdivision process which subdivided the original Property purchased by the Plaintiffs from the Boyers into the four parcels described in paragraph 17, three of which were subject to an Exclusive Listing Agreement(s) with RE/MAX. 28. Despite final subdivision and despite Plaintiffs' complaints, the Defendants continued to indicate in the multi-list book that prior to sale, the Property would require subdivision approval, thereby misrepresenting the Property to other brokers, agents, and potential buyers. The same was true for the two one-and-one-half acre lots listed with Defendants and attached as part of Exhibit C. 29. In addition to misrepresenting the subdivided Properties and contrary to the representation of the Defendants, and the complaints of the Plaintiffs, the Defendants made no effort to sell the subdivided parcels. 30. In addition to their lack of effort to sell the Property, Defendants impeded the ability to sell the ten-acre tract to prospective buyers found by the Plaintiffs and referred to the Defendants. 31. Numerous times between December, 2001 and December, 2002, the Plaintiffs complained to the Defendant RE/MAX about a lack of effort to sell the subdivided parcels and other unprofessional conduct of Defendant Nace. 32. At all times material hereto, Defendant RE/MAX ignored Plaintiffs' complaints and expressly and impliedly informed the Plaintiffs that Defendant Nace was a valued agent of Defendant RE/MAX. 33. At all times material hereto, the Defendants RE/MAX and Nace repeatedly assured the Plaintiffs that the reputation and efforts of RE/MAX along with the work efforts and reputation of the Defendant Nace would result in the profitable sale of the subdivided parcels. 34. Despite the ongoing inquires and complaints by the Plaintiffs and contrary to the repeated representation of the Defendants, the Defendants still made no effort to sell the subdivided ten-acre Property or any of the other three parcels listed with RE/MAX. 35. On December 12, 2002, shortly before the Plaintiffs were required to make final payment to the Boyers, Defendant Nace informed the Plaintiffs that Defendants had failed to find a buyer for the ten-acre subdivided property. 36. At or about the same time, the Defendants advised the Plaintiffs that pursuant to the Ventures Agreement between Defendants and the Plaintiffs, Defendants intended to exercise their right to purchase the ten-acre tract from the Plaintiffs for $125,000 as set forth in the Ventures Agreement. 37. Defendants' lack of effort in selling the Property was intended to force the Plaintiffs into selling the ten-acre tract to the Defendants at a price far below fair market value. 38. It is further believed and therefore averred that the terms of the Boyer Agreement between Plaintiffs and the Boyers were also intended to induce the Plaintiffs to list the subdivided parcels with the Defendants, who at no time intended to market the subdivided parcels, thereby allowing Defendants to profit from the purchase of the ten-acre tract from the Plaintiffs at a price far below fair market value. 39. Unbeknownst to the Plaintiffs at the time, the Defendants had taken steps to arrange financing for the purchase of the subdivided ten-acre tract from the Plaintiffs. 40. It is believed and averred that at all times material hereto, the Defendants knew, had reason to know, or should have known, that the sale price of the subdivided property was far below market value. 41. Prior to the settlement, at which time ownership of the subdivided ten acres would be transferred from Plaintiffs' ownership to the Defendants, Plaintiffs became aware that the Defendants had secured financing in an amount tar in excess of the purchase price of $125,000 and in an amount consistent with of the actual market value of the Property. 42. At or about the time of settlement between Plaintiffs and Defendants, Plaintiffs became aware that Defendants had submitted to their lender, and other relevant parties, materially false information indicating that the purchase price being paid by the Defendants to the Plaintiffs was substantially higher than the actual agreed upon price of $125,000. 43. Prior to transfer of the ten-acre tract, upon inquiry by the Plaintiffs, Plaintiffs were advised by the Defendant Nace that the arrangements with the lender were not the concern of the Plaintiffs. 44. Also prior to the transfer of the ten-acre tract from Plaintiffs to the Defendants, Plaintiffs were instructed by the Defendants, both verbally and in writing, to provide the Defendants with a check in the amount of the difference between the actual sale price and the amount being borrowed by Defendants and specified on a fraudulent Agreement of Sale and other fraudulent documents as hereinafter set forth. (Attached hereto are written instructions and transcribed voice mail messages from Nace collectively marked as Exhibit E.) 45. Prior to the transfer of the ten-acre tract, Plaintiffs were advised by Defendants that they should "write off"the difference between the actual purchase price ($125,000) and the fraudulent purchase price ($169,900) as "pasture rent" and/or field maintenance, which would then be viewed by the Internal Revenue Service and the Pennsylvania Department of Revenue as a legitimate business expense which would enable the Plaintiffs to avoid paying capital gains tax on money the Plaintiffs never actually received. Please refer to Exhibit E. 46. Subsequent to closing on December 12, 2002, Plaintiffs became aware that numerous fraudulent documents were prepared by Defendants. Attached and marked Exhibit F are an Agreement of Sale between Nace and Plaintiffs and signature pages from other Agreements of Sale. Plaintiffs believe that there are other fraudulent documents, which are not in the possession of the Plaintiffs and which cannot be specifically identified herein. 47. Plaintiffs' signatures on the fraudulent Agreement of Sale and other fraudulent documents are forgeries. "they are not the signatures of the Plaintiffs. Plaintiffs gave no one permission to sign on their behalf, and at all times material hereto, Plaintiffs were unaware of the actions of the Defendants. 48. The Defendants' scheme and their instructions and statements to the Plaintiffs were fraudulent, illegal, and criminal. 49. At all times material hereto, Plaintiffs objected to the scheme and refused to take part in any fraudulent activity. 50. As set forth in the Boyers Agreement, Plaintiffs were required to pay the remaining amount of the original purchase price on or before December 12, 2002 and as a result of the Plaintiffs' commitment to the Boyers, an elderly couple who were relying on the aforesaid payment to satisfy their own obligations and who refused to extend the term of the Agreement, Plaintiffs were forced to continue with the transfer of the ten-acre tract to the Defendants under the arrangement as structured by the Defendants. 51. As a further result, the Plaintiffs were forced to pay the Defendants the difference between the agreed upon purchase price ($125,000) and the fair market value of the Property ($169,900) to the Defendants as a realtor's commission. 52. Plaintiffs refused to commit tax fraud as suggested by the Defendants and also refused to sign documents which were presented to them but which did not accurately reflect the transaction. Defendants forced the Plaintiffs to declare the difference as a °realtors commission" and to execute a second Listing Agreement which changed the original commission of six percent to a realtor's fee of $34,560.50. Copies of the settlement sheet (HUDI, Section 700, Page 2, Realtor's Fee) and second Listing Agreement are attached hereto and collectively marked Exhibit G. 53. Because the second Listing Agreement changed the original Listing Agreement and increased the commission/fee to the Defendants and as a result of the other fraudulent conduct, only one of the Plaintiffs signed the documents to demonstrate Plaintiffs' objections to the transaction. See the second Listing Agreement, which is attached as Exhibit G. 54. At all times material hereto, the Defendants knew, had reason to know, or should have known of the actions, conduct, misrepresentations, and/or other activity of the other Defendants. 55. As a result of Defendants' conduct, Plaintiffs sustained significant financial losses as herein set forth. 56. As a further result of the fraudulent conduct of the Defendants, Plaintiffs were forced to undergo severe emotional and financial stress which destroyed Plaintiffs' personal relationship which ended in divorce. 57. As a further result of the conduct of the Defendants, the Plaintiff Michael Dubaich sustained severe emotional distress which aggravated his underlying medical conditions, including but not limited to Parkinson's disease as hereinafter set forth. WHEREFORE, Plaintiffs demand judgment against the Defendants as hereinafter set forth in an amount in excess of the limit for compulsory arbitration plus interest, fees and costs, punitive damages, and such other damages as the Court deems appropriate. Count I Plaintiffs v. Defendant RE/MAX Realty Associates, Inc. Tort 58. Plaintiffs incorporate by reference thereto each of the averments contained elsewhere in this Complaint as though same were fully set forth herein at length. 59. At all times material hereto, the Defendant Nace held himself out to the Plaintiffs as a servant, workman, agent, and/or employee of RE/MAX acting within the scope of his authority and with full knowledge of the Defendant RE/MAX. 10 60. At all times material hereto, RE/MAX held Nace out to Plaintiffs and the general public as its agent, servant, workman, and/or employee with the consent and authority to act on behalf of RE/MAX. 61. At all times material hereto, Defendant RE/MAX knew, had reason to know, or should have known of the actions of the other Defendants. 62. At all times material hereto, Defendant RE/MAX had the authority and ability to prevent, investigate, supervise, control, and nullity the actions of the other Defendants. 63. At all times material hereto, Defendant RE/MAX knew or should have known of the activities of Defendant Nace, including but not limited to his creation of an affiliated corporation. 64. At all times materials hereto, Defendant RE/MAX held itself out to the public as a competent, professional, ethical, and reliable organization, which at all times acted ethically and in the best interests of its clients, and as having agents, servants, and/or workmen acting on its behalf which were equally competent, professional, and ethical. 65. At all times material hereto, Defendant RE/MAX owed a duty to the Plaintiffs, which duty included, but is not limited to, a duty of absolute full disclosure and loyalty to its clients, as well as a duty to at all times act in the best interests of its clients. 66. At all times material hereto, Defendant RE/MAX also had a duty to the Plaintiffs to among other things, supervise, investigate, and control all those who acted under and in the name of RE/MAX. 67. Defendant RE/MAX breached its duty to the Plaintiffs as herein set forth. 68. At all times material hereto, Defendant RE/MAX benefited from the actions and inactions of the other Defendants. 69. At all times material hereto, the actions of Defendant RE/MAX were intentional, constituted gross negligence, and/or reckless, wanton, and malicious behavior. 70. The gross negligence and/or reckless, wanton, malicious, and willful conduct of the Defendant RE/MAX is both general and particular in the following respects: A. Failing to supervise its agents, servants, employees, and/or workmen; B. Failing to properly train its agents, servants, employees, and/or workmen; C. Failing to properly select those agents, servants, employees, and/or workmen acting on its behalf; D. Permitting, authorizing, and/or acquiescing in the illegal, fraudulent, and unethical conduct of its agents and/or those authorized to act under the name of RE/MAX, E. Permitting, authorizing, and/or acquiescing in the misrepresentations of those acting on its behalf; F. Failing to discipline its agents and/or those authorized to act under the name of RE/MAX; G. Failing to take affirmative steps to discover wrongdoing by its agents and/or those authorized to act on its behalf, H. Failing to act on complaints involving those acting on behalf of and in the name of RE/MAX; Permitting and/or not rescinding conduct which was obviously contrary to the Real Estate Settlement Procedures Act (RESPA). 12 USCS § 2602 et seq., in that, among other things, the conduct of Nace was unethical, deceitful, and fraudulent; amounted to taking an unreasonable realtor's fee; submitting fraudulent documents to Plaintiffs, lending institutions, and others, all contrary to RESPA; and 12 Such other actions/inaction that may be revealed during the scope of discovery. 71. As a result of the aforesaid described conduct of the Defendant RE/MAX, Plaintiffs sustained injuries and damages as more fully hereinafter set forth, including but not limited to lost revenue from the sale of the ten-acre tract at fair market value, irreparable damage to their marriage, aggravation of a pre-existing medical condition, financial losses for attorneys' fees, decreased earnings, and such other damages as they have incurred. 72. As a further result of the gross negligence of RE/MAX, the Plaintiffs suffered severe emotional, financial, and physical injury. 73. The conduct of Defendant RE/MAX warrants the imposition of punitive damages in order to punish the Defendant RE/MAX and deter such conduct in the future. 74. Plaintiffs believe and therefore aver that the facts and circumstances set forth herein, which resulted in Plaintiffs' damages, have occurred in the past, were accepted and overlooked by the Defendant RE/MAX, all in the name of financial gain. 75. As a result of the actions and inaction of the Defendant RENAX, the Plaintiffs were forced to sell their Property below market value, sustaining a loss in the amount of $44,900. 76. As a further result of the actions and inaction of the Defendant RE/MAX, the Plaintiffs sustained further economic loss, including but not limited to the following: A. Interest on the money they would have received had they received fair market value; B. Attorneys' fees, which are continuing; C. Interest on a loan which would not have been necessary had fair market value been received; 13 D. Lost earnings from time which would not have been expended but for Defendants' actions. Based on Plaintiffs' best estimate, lost earnings are approximately $6,500 and are continuing; and E. Such other costs and expenses as may be determined through prosecution of this matter. WHEREFORE, Plaintiffs respectfully requests this Honorable Court to enter judgment in favor of Plaintiffs and against Defendant RE/MAX in an amount in excess of the limit for compulsory arbitration plus interest, fees and costs, punitive damages, and such other damages as the Court deems appropriate. Count II - Breach of Contact Plaintiffs v. RE/MAX, Kirk L. Nace, and EK Ventures, Inc. 77. Plaintiffs incorporate by reference thereto each of the averments contained elsewhere in this Complaint as though same were fully set forth herein at length. 78. On or about December 12, 2001, Plaintiffs entered into the Listing Agreements giving the Defendant RE/MAX the exclusive right to sell the subdivided parcels and Plaintiffs' home. Copies of the Listing Agreements are attached hereto as Exhibits B and C. 79. The Defendant Nace induced Plaintiffs to enter into an agreement (Ventures Agreement) with the Plaintiffs whereby EK Ventures, Inc., agreed to purchase the ten-acre tract, and outbuildings located thereon, from the Plaintiffs for the amount of $125,000. A copy of the Ventures Agreement has been previously identified and marked Exhibit D. 80_ The Defendant Nace presented the Ventures Agreement to the Plaintiffs as an inducement and an illustration of how sure he was that the ten-acre tract would be sold by the Defendants RE/MAX and Nace. 14 81. The Ventures Agreement was also presented to the Plaintiffs as an inducement to enter into the agreement with the Boyers under the terms suggested by Defendants. 82. Defendant Nace represented to the plaintiffs that the Ventures Agreement was endorsed by the Defendant RE/MAX and routinely used by Defendants RE/MAX and Nace and others at RE/MAX. 83. Defendant Nace is believed and therefore averred to be president of the Defendant EK Ventures, Inc. 84. Defendant Nace acted, at all times material hereto, as the agent, servant, workman, and/or employee and for the benefit of Defendant RE/MAX having the authority to so act on behalf of RE/MAX. 85. In addition to the terms of the Listing Agreement, Detendants represented to the Plaintiffs that various forms of advertising, multi-listing, and other additional efforts to sell the subdivided parcels would be made by Defendants on behalf of the Plaintiffs. 86. Defendants further enticed the Plaintiffs into the Listing Agreements by assuring the Plaintiffs that the reputation of the RE/MAX network and efforts and the reputation and work ethic of Nace would result in a sale profitable to the Plaintiffs. 87. The Defendants RE/MAX and Nace breached their Listing Agreement with the Plaintiffs as well as their statutory and fiduciary obligations to the plaintiffs. 88. Defendants failed to accurately list or advertise the subdivided parcels for sale. 89. Defendants failed to update information on the parcels listed, including the ten-acre tract, after subdivision had occurred. 90. Defendants failed to seek potential buyers through reasonable and accepted industry methods. 91. Defendants failed to deal with Plaintiffs honestly and in good faith. 15 92. Defendants failed to disclose to the Plaintiffs the conflict of interest that existed amongst the Defendants. 93. Defendants failed to advise the Plaintiffs to seek expert advice in the dealings between Plaintiffs and Defendants. 94. Defendants failed to properly disclose the interrelated financial interests of the Defendants RE/MAX, Nace, and EK Ventures, Inc. 95. Contrary to the representations by the Defendants, the Ventures Agreement and the Boyer Agreement were elements of a scheme whereby the Defendants would purchase the ten- acre tract at a price far below fair market value. 96. The actions of the Defendants were unconscionable, unethical, illegal, and self- dealing for the benefit of the Defendants. 97. Each of the Defendants profited from the aforesaid actions. 98. Defendants forced Plaintiffs to sign a second Listing Agreement increasing their fee from the original percentage to the amount stated on the second Listing Agreement ($34,560.50), Exhibit G. 99. Defendants conduct warrants the imposition of punitive damages against each of the Defendants. 100. As a result of Defendants breach of contract and breach of its statutory and fiduciary obligations, Plaintiffs have suffered the following damages: A. $44,900 as being the difference between the sale price and fair market value; B. Continuing attorneys' fees and costs; C. Interest paid on a loan which would not have been otherwise necessary; D. Loss of earnings in the approximate amount of $6,500; and E. Such other financial losses as may be identified. 16 WHEREFORE, Plaintiffs demand judgment against the Defendants in an amount in excess of the amount requiring compulsory arbitration plus interest, fees and costs, punitive damages, and such other damages as the Court deems appropriate. Count III - Fraud Plaintiffs v. Defendants 101. Plaintiffs incorporate by reference thereto each of the averments contained elsewhere in this Complaint as though same were fully set forth herein at length. 102. At all times material hereto, each of the Defendants was aware, had reason to be aware, or should have been aware, of the actions of the other Defendants. 103. At all times material hereto, each of the Defendants benefited from the actions of the other Defendants. 104. At all times material hereto, the Defendant Nace acted on behalf and for the benefit of each of the other Defendants. 105. Defendants committed fraud to the financial detriment and loss of the Plaintiffs. 106. Defendants' fraud upon the Plaintiffs includes but is not limited to the following: A. Failing to act in good faith in their dealings with the Plaintiffs by not actively attempting to sell the Property and by breaching the contract with Plaintiffs; B. Forging Plaintiffs' signatures on a second Agreement of Sale which was fraudulently submitted to a lending institution in order to secure a loan in an amount higher than the agreed upon sale price; C. Forging Plaintiffs' signatures on various other documents not in the possession of the Plaintiffs but now in the possession of the Pennsylvania State Real Estate Commission; 17 D. Forcing the Plaintiffs to pay fees and incur costs in excess of the agreed upon amounts as set forth in the Listing Agreement marked Exhibit A (compare with Exhibit G); E. Making known or reckless misrepresentations to the Plaintiffs who justifiably relied on such; F. Advising the Plaintiffs to commit fraud upon the Internal Revenue Service and the Pennsylvania Department of Revenue by fraudulently declaring the difference between the fair market value and the actual sale price received by the Plaintiffs as a fraudulent business expense; G. Capitalizing on the Plaintiffs' obligations to the sellers and forcing Plaintiffs to execute documents which did not accurately reflect the terms of the transaction; H. Breaching the fiduciary duty owed to the Plaintiffs; Ignoring the complaints of the Plaintiffs and permitting, acquiescing, and accepting the conduct of those acting on behalf of the other Defendants; Violating the requirements of the Real Estate Settlement Procedures Act (RESPA), 12 USCS § 2602 et seq., by, among other things, forging documents, taking unreasonable realtor's fees, and otherwise acting in a deceitful manner: and K. Ignoring, disregarding, and/or failing to nullify the conduct and acts of Defendant Nace, thereby explicitly, or implicitly, accepting and ratifying such conducts and acts. 107. In addition to the aforesaid, Plaintiffs referred buyers to the Defendants and Defendants illegally, fraudulently, and unethically attempted to convince buyers not to buy the 18 ten-acre tract from the Plaintiffs but to instead enter into a lease-purchase agreement with the Defendants after the Defendants acquired ownership pursuant to the Ventures Agreement. 108. As a result of the Defendants' fraudulent conduct, the Plaintiffs sustained economic loss including but not limited to: A. Sale of Property below fair market value; B. Payments for medical care and treatment; C. On-going attorneys' fees; and D. Other costs, expenses, fees, and losses as set forth herein and as may be incurred in the future. WHEREFORE, Plaintiffs pray this Honorable Court for judgment against the Defendants in an amount beyond the limits of compulsory arbitration plus interest, fees and costs, punitive damages, and such other damages as the Court deems appropriate. Count IV - Negligent and/or Intentional Infliction of Emotional Distress Plaintiffs v. Defendants 109. Plaintiffs incorporate by reference thereto each of the averments set forth elsewhere in this Complaint as though set forth herein. 110. As a result of the gross negligence, actions/inaction, and other conduct of the Defendants as well as the fraud committed upon the Plaintiffs by the Defendants, Plaintiffs sustained financial losses which placed the Plaintiffs in a desperate financial position. 111. Defendants were aware of Plaintiffs' financial situation but nonetheless continued to make no effort to sell any of the tracts listed with the Defendants. 19 112. As a result of not being paid fair market value for the ten-acre tract, Plaintiffs were forced into a loan which, in conjunction with other loans, placed Plaintiffs in a desperate financial situation. 113. Plaintiffs aver that Defendants' actions were intended to place the Plaintiffs in a position where they had no alternative but to sell the subdivided ten acres at a price below market value and sign the documents to effectuate the sale. 114. In the alternative, the Defendants in addition to the averments in Count I hereof also were negligent in failing to consider the foreseeable impact Defendants' conduct would have on Plaintiffs. 115. Plaintiffs' financial troubles caused severe emotional distress to both Plaintiffs. 116. The financial troubles and resulting emotional distress caused irreparable damage to Plaintiffs' personal relationship, which culminated in divorce. 117. Plaintiffs are entitled to monetary damages from Defendants as a result of the gross negligence and fraudulent conduct of the Defendants. WHEREFORE, Plaintiffs pray this Honorable Court for an award of damages against the Defendants in an amount beyond the limits of compulsory arbitration plus interest, fees and costs, punitive damages, and such other damages as the Court deems appropriate. Count V - Personal Injury Michael Dubaich v. Defendants 118. Plaintiff Michael Dubaich incorporates by reference thereto each of the averments set forth elsewhere in this Complaint as though set forth herein at length. 119. At all times material hereto, Michael Dubaich suffered from Parkinson's disease. 120. Prior to the events described in this Complaint, Plaintiff's Parkinson's disease was mild, manageable, and under control. 20 121. As a result of the events described in this Complaint and the effects on Plaintiff, the Parkinson's disease became substantially worse and the progression of the condition accelerated. 122. As a result, Plaintiff has been placed in a physical condition which would not have occurred until much later in life, if at all. 123. As a further result, Plaintiff has been forced to take stronger medications to manage the disease. 124. The drugs being prescribed for management of the disease have a severe adverse impact on Plaintiff's vital organs. 125. Plaintiff has been forced to incur medical expenses that he would not have otherwise incurred but for the actions, inactions, and other conduct of the Defendants. 126. As a further result, the Plaintiff believes and therefore avers that his life expectancy and work-life expectancy have both been reduced. 127. As a further result, the adverse effects on Plaintiff's Parkinson's disease have further increased the emotional stress suffered by the Plaintiff. 128. Plaintiff Michael Dubaich is entitled to damages from the Defendants. Wherefore, Plaintiff demands judgment against the Defendants in an amount in excess of the amount requiring compulsory arbitration plus interest, fees and costs, punitive damages, and such other damages as the Court deems appropriate. Count VI - Demand for Punitive Damages Plaintiffs v. Defendants 129. Plaintiff incorporates by reference thereto each of the averments set forth elsewhere in this Complaint as though set forth herein at length. 21 130. The conduct of the Defendants was fraudulent, intentional, and at all times demonstrated malice, ill will, and/or a callous disregard for the rights and well being of the Plaintiffs for Defendants' own financial gain. 131. In addition, the actions/inaction of the Defendant RE/MAX were so egregious and outrageous that such amounts to gross negligence and reckless conduct and demonstrates malice, ill-will, and/or a callous disregard for the rights and well being of the Plaintiffs all for Defendants' own financial benefit. 132. The conduct of the Defendants was such that Defendants must suffer civil punishment to both punish the Defendants and to deter such conduct in the future. 133. Plaintiffs are entitled to punitive damages from the Defendants. WHEREFORE, Plaintiffs pray this Honorable Court for the imposition of punitive damages against the Defendants plus interest, fees and costs, and such other damages as the Court deems appropriate. Count VII - Violation of the Unfair Trade Practices and Consumer Protection Act 73 P.S. 201-1 et seq. Plaintiffs v. Defendants 134. Plaintiffs incorporate by reference thereto each of the averments set forth elsewhere in this Complaint as though set forth herein at length. 135. At all times material hereto, the Defendant RE/MAX acted as broker which held exclusive Listing Agreements with the Plaintiffs, including the Listing Agreement on the ten- acre tract. Please refer to Exhibits B and C. 22 136. At all times material hereto, Defendant Nace was the agent, servant, workman, and/or employee acting on behalf of RE/MAX with the express and apparent authority to act on behalf of RE/MAX. 137. At all times material hereto, RE/MAX held Nace out to the Plaintiffs and the general public as being the agent, servant, workman, and employee of RE/MAX with the consent and authority to act on behalf of RE/MAX. 138. Plaintiffs relied on the implied and express representations of the Defendants, including but not limited to representations that Defendant Nace was acting on behalf of the other Defendants; that Defendant RE/MAX controlled, supervised, and was responsible for the conduct of Defendant Nace; that Defendants RE/MAX and Nace would take all steps necessary to market and sell the listed Properties for the Plaintiffs; and that Defendants in all respects would act on behalf of the Plaintiffs and not solely for the financial benefit of the Defendants. 139. At all times material hereto, RE/MAX had a duty to oversee, control, and otherwise supervise the actions of its agents, servants, workmen, employees, and all others acting on its behalf. 140. The actions of the Defendants as set forth herein were contrary to the provisions of the Trade Practices and Consumer Protection Act, 73 P.S. 201-1 et seq. ("Act"). 141. Plaintiffs were consumers and entitled to the protections afford under the Act. 142. The conduct of the Defendants as stated in this Complaint is of the type and nature which the Act attempts to regulate. 143. The conduct of the Defendants as set forth in this Complaint constitutes unfair and deceptive business practices. 23 144. As a direct and proximate result of the unfair and deceptive practices of the Defendants, the Plaintiffs suffered various ascertainable financial losses, including but not limited to the following: A. Sale of the subdivided Property at a price below fair market value; B. Legal fees which they continue to incur; C. Interest payments on a loan, which would not have otherwise been necessary and which are continuing into the future; and D. Lost earnings presently in the approximate amount of $6,500. 145. The Plaintiffs are entitled to damages as set forth in the Act, including but not limited to actual damages, treble damages, attorneys' fees, interest, and such other damages as the Court deems proper under the Act. WHEREFORE, Plaintiffs pray this Honorable Court for an award of damages as herein set forth which amount exceeds the amount requiring compulsory arbitration plus interest, fees and costs, punitive damages, and such other damages as the Court deems appropriate. Count VIII - Violation of the Real Estate Settlement Procedures Act (RESPA) 12 USCS § 2602 et seq. Plaintiffs v. Defendants 146. Plaintiff incorporates by reference thereto each of the averments contained elsewhere in this Complaint as though set forth herein at length. 147. Plaintiffs are within the class which RESPA ("Act") is intended to protect. 148. Defendants are persons and entities within the regulatory scheme of the Act and were in a position to and had a duty to assure compliance with the Act. 24 149. All transactions, agreements, documents, and other written materials are of the type and nature which RESPA regulates. 150. Defendants' conduct, actions/inaction, and other behavior are in direct violation of the Act (§§ 2603 and 2607 among others) in that, among other things: A. The documents arising from and consummating the transaction which conveyed the ten-acre tract were fraudulent, inaccurate, and did not reflect the actual transaction taking place; B. Documents submitted to other parties to the transaction were fraudulent, were inaccurate, and contained forged signatures; C. Realtor's fees accepted by the Defendants were unreasonable, unconscionable, and clearly inconsistent with those taken by others in the industry; D. At no time material hereto did Defendants correct, attempt to correct, or otherwise make the transaction conform to the RESPA requirement. E. Defendants were fraudulent, deceitful, unethical, and unfair to Plaintiffs as consumers; and F. Defendants did not assure compliance with the Act being in a position to do so. 151. Plaintiffs sustained financial losses as a result of Defendants conduct which was in violation of the Act. 152. Plaintiff incorporates by reference thereto the damages and losses set forth elsewhere in this Complaint as though fully set forth herein. WHEREFORE, Plaintiffs pray this Honorable Court for an award of damages, in excess of the amount requiring compulsory arbitration plus interest, fees and costs, punitive damages, and such other damages as the Court deems appropriate. 25 D3/0 o P r? Richard P. Mislitsky, Esquire Attorney ID # 28123 One West High Street PO Box 1290 Carlisle, PA 17013 717-241-6363 Respectfully submitted, .K ?u1 k W. Allshouse, E wire A rney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 717-582-4006 Attorneys for Plaintiff 31151D? l + ` --Hi LID ;:a '; 1.1 4 STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE A/S-2K This form r,,onnoi n. ed and nppn,,ed foq but not resaicted to use by, the members of the Pennsylvania Association of RP.AI_TORSm (PAR). PA LICENSED BROKER LAS 'ING BROKER (Company)- ADDRESS 1'H J_`/_ ?3L Ei __ FAX- DESIGNAT d AG' T FORS 1, LER (if applicable) PA LICENSED BROKER SELLING BROKER (Company) ADDRESS PH _ FAX DESIGNATED AGENT FOR BUYER (if applicable) L V)b3 Ayccmentj dated --v-' /C,/ -., is between i >c Yr c 3 called "Seller," and ? ` ' 3 BUYLR(S)/ 1,L called "Buyer." 7 x 2. PROPF,RIN (1-98) Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: it ' ereon erected, if any, known as: ALL TIIXP CER FAIN lot a piece nr ground with buildings :old improvenrey ,?? ' , of k 5 12,f , 71 . ,/] t:.e ' in the Commonwealth of Pennsylvania, Zip Code County of 72 II' Identification (e.g., Tax 1118; Parcel N; Lot, Block; Deed Book, Page, Recording Date)_. - 13 It to t5 3. 'I'F.Itb15 (1-00) / 2 5 i9 J?,i _ _ , C (A) Purchase Price - - 7tt t' which will be paid to Seller by Buyer as follows: ?7 FS $ 6 `f 1L /W is v) I'? T-I (13) Cash or check at signing this Agreement: -1 (C) Cash or check within days of the execution of this Agreement: $ ?0 (D) /lr ,iz"'I T O? ??d `? -`?'C1f t'vf ( .?yat3L?ws $ l -)Sy cv,i? _ 21 -., (F) Cash, cashier's or certified check at time of settlement: $ t? TOTAL $ 2??-)??J 2a (1) Deposits paid on account of purchase price to be held by Listing Broker, unless otherwise stated here: 71 (O) Seller s written approval in be on or before: lC - (Ii) Settlement to he made on or before: (I) Conveyance (iom Seller will be by fee simple decd of special warranty unless otherwise stated here: :Q:fC?•{ (.I) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here: at - (K) At time of settlement, the following wi'! be adjusted prr,^; ata on a duly basis between Buyer and Seller, reimbursing where applicable: taxes; reins; interest on morlgage assumptions; condominium fees and homeowner association fees, if any; water and/or sewer fees, if any, together 71 with any other licnable municipal service. The charges are to be pro-rated for the period(s) covered: Seller will pay up to and including the ,. elate of settlement; Buyer will pay for all days fallowing settlement, unless otherwise slated here: ._ .. 3G 4. FIXTURES & PERSONAE, PROPERTY (1-00) (A) INCLUDF_D in this sale rind purchase price are all existing items permanently installed in the Property, free of liens, including plumbing; , heating; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers ,a and transmitters; television antennas; shrubbery, plantings and unpotted trees; any retraining heating and cooking fuels stored on the y Properly at the lime of settlement; wall to wall carpeting; window covering hardware shades, blinds; built-in air conditioners; built-in appli- ^.I antes; and the range/oven unless otherwise stated. Also included:- z? t - - G,w? np 4,1 rn (B) LEASED items (items not owned by Seller): __ Ad (C) EXCLUDED fixtures and items: To f a- 1?2?-t cy s icy- ,Ir ?ct c:•l /??^t2/, uJ Stt?u'S fy?``SL ?yJc at .; ._ _ .. 5. SPECIAL CLAUSES (1-00) 4s (A) GR, Buyer and Seller have received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336. a9 (13) VBuyei and Seller have received a statement of their respective estimated closing costs before signing this Agreement. sn (C) Rover has received the Seller's Property Disclosure Statement before signing this Agreement, if required by law. (See Notice, Information S Regarding the Seller's Property Disclosure Act.) &1 c° 's ?f«C /o?a, lam! %?r+"`? iw r'>?z"" %'¢O'fOr'c ce W,ps q t?•-?' (D) ? Buyer has received the Deposit Money Notice (for cooperative sales when Listing Broker is holding deposit money) before signing this 53 Agreement. 54 (E) The following are part of this Agreement if checked: !15 ? Sale & Settlement of Olimer Property ? Settlement of Other Property Contingency Addendum (PAR Form 133) 5r, Contingence Addendum (PAR Form 130) ? Tenant-Occupied Property Addendum (PAR Form TOP) a7 ? Sale & Settlement of Other Property Contingency with Right to Continue Marketing Addendum ? 59 (PAR Foram 131) ? _ rn EXHIBIT rl ? ne a ? es ? sn 45 Buyer Initia s: ? _ A/S-2K Page I of 8 Seller Initials: 7 Pennsylvania Association of COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS® 199a READ ORS" 1 rn 6. MORTGAGE CONTINGENCY (1.00) r7 WA1VF1). This sale is NOT contingent on mortgage financing. !m ? 1311'.C'IUD fa (A) Phis sale is contingent upon Buyer obtaining mortgage financing as follows: nl I. Amount of mortgage loan $ i i 2- Mininiu n'I'emh _ years r. ;. Type of in art gage 4. Interest r:ue %; however, Buyer agrees to accept the interest rate as tray be committed by the mortgage lender, nut to a exceed it maximum interest rate of %n. -a 5. Discount points, loan migination, loan placement and otter fees charged by the tender as a percentage of the mortgage loan (excluding , any mortgage insurance premiums or VA funding fee) not to exceed % of the mortgage loan. The interest rate and lees provisions required by Buyer ale satisfied if a mortgage lender makes available to Buyer the right to guarantee an " uncfesl rile al or below the Maximum Interest Rate specified herein with the percentage fees at or below the amount specified herein. Buyer gives Seller the right, at Scller's sole option and as permitted by the lending institution and applicable laws, to contribute financially, without promise of icimhurscutenl, to the Buyer and/or lender to make the above relics available to Buyer. (B) Within 10 days of the execution of this Agreement, Buyer will make it completed, written mortgage application to a responsible mortgage lend- me institution. The Selling Proker, if map, Otherwise the Listing Broker, is authorized to communicate with me lender tot- the purpose, of asslsbng in the mortgage loan process. (() I . Upon receipt of a murlgage commoinnent, Buyer audAn Selling Broker will promptly deliver a copy of the commitment to Listing Broker, if any, otherwise to Seller. 2. Mortgage coounihnenl date If a written commitment is not received by - Lisiing Broker, if any, otherwise by Seller, by the above date. Buyer and Seller agree to extend the commihnent date until Seller ter- minates this Agreement is writing. Z. Seller has the option to Icrmirrate this Agreement in writing, on or after the mortgage commitment date, if the mortgage commitment a. Is not valid until the date of settlement, OR h. Is conditioned upon the sale and settlement of any other property, OR C. Contains any other condition not specified in this Agreement 4. Ili the event Seller does riot terminate this Agreement as provided above, Buyer has the option to terminate this Agreement in writing if the mongage commitment ? a. Is riot Obtained by or valid Limit the date of settlement, OR b. Is conditioned upon the sale and settlement of any other property which do not occur by the date of settlement, OR C. Contains any other condition not specified in this Agreement which Buyer is unable to satisfy by the date of settlement. 5. If this Agreement is tenninated as specified in paragraphs 6 (C) (2), (3) or (4), all deposit monies paid on account of pnchase price will be tenured to BLIVer Buyer will be responsible for any premiums for mechanics lien insurance and/or title search, or fee for cancellation of same, if any; AND/OR any premiums for flood insurance and/or fire insurance with extended coverage, insurance binder charges or - cancellation fee, if any; AND/OR any appraisal fees and charges paid in advance to mortgage lender. - (D) It the niotgage lender requires repairs to the Property, Buyer will, upon receipt, deliver a copy of the mortgage lender's requirements to Listing ' Broker, if tarty, otherwise to Seller. Seller will, within 5 days of receipt of the lender's requirements, entity Buyer whether Seller will make the '1-11 required repairs it Seller's expense. I++? I . If Seller chooses in make repairs, Buyer will accept the Property and agree In the RELEASE set forth in paragraph 25 of this Agreement. 2. 11 Seller chooses tint to make fire required repairs, Buyer will, within 5 days, notify Seller in writing of Buyer's choice to terminate this Agreement OR make the required repairs at Buyer's expense and with Seller's penni.ssiun, which will not be unreasonably withheld. It' Seller denies Buyer Permission Io make the required repairs, Buyer may, within 5 days of Seller's denial, terminate this Agreement. If Buyer terminates this Agreement, all deposit monies paid on account of purchase price will be returned promptly to Buyer and this 110 Agreement will be VOID. w r 1 (E) Seller Assist nz `A NOT APPLICABLE ? APPLICABLE. Seller will pay ? maximum, toward Buyer's costs as permitter) by the mortgage lender. Is ? ;,. h'17 r>: 11R t la t5i Id0 ra4 11;1 I4. if2 113 141 '45 146 1,17 118 1119 158 151 152 tF? FIIA/VA, IF APPLICABLE (E) expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the purchase of the Proper escribed herein or to incur any penalty by forfeiture Of tamest money deposits or otherwise unless Buyer has been given, in accor- dance with 1'IIA or VA raluiremetts, a written statement by the Federal Housing Commissioner, Veterans Administration, or a Direct Endorsement tender 11 ling forth the appraised value of the Property of not less than $ (the dollar amount to be inserlel is the sales price as-sqnw4 in this Agreement). Buyer will have the privilege and option of proceeding with consummation of the con- tract without regard to the amount o a hpraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Depart scut of Housing and Urban Developer ill insure. HUD does not warrant the value nor the condition of the Property. Buyer should satisfy himself/herself that the price and condition oft 'roperty are acceptable. Warning: Section 1010 of Title 18, ].S.C., Department of Ho . and Urban Development provides, "Whoever forthe purpose of ... influ- encing in any way the action of such department ... makes, passes, utter. ublishe_s any statement knowing the same to be false ...shall be finest not more, than $5,000 or imprisoned not more than two years, or both." (G) U.S. Department of Housing and Urban Development (HUD) NOTICE TO PURCH S: Buyer's Acknowledgement ? Buyer has received the I IUD Notice "For Your Protection: Get a Honkie Inspection" (see Notices am nation nn Property condition Inspections). Buyer understands the importance of getting an independent home inspection and has thought a h this before signing this Agrecmcm. Buyer's Initials Date (H) Certification We the undersigned, Seller(s) and Buyer(s) party to this transaction each certify that the terns of this contract for purchas e 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 transac- tion is attached to this Agreement. 7. INSPECTIONS (1-98) (A) Seller hereby agrees to permit inspections by authorized appraisers, reputable certifiers, insurer's representatives, surveyors, municipal officials and/Or Buyer as may be required by the lending institutions, if any, or insuring agencies. Seller further agrees to permit any other inspections required by or provided for in the temps of this Agreement. (B) Buyer reserves the right to make a pre-settlement walk-through inspection of the Property. Buyer's right to make this inspection is not waived by any other provision of ibis Agreement. (C) Seller will have heating and all utilities (including fuel(s)) on for the inspections. Buyer Initials:) /1_ A/S-2K Page 2 of 8 114 r'A 171 1..5 7'57 id3 181 17, 157 Lnl 1'9 190 inn tA2 143 1114 145 146 147 148 149 150 151 152 Seller Initials: xwa2 153 --r-,-- rr.' lo; yap T 7.i.' is i y is I; %t. z tt„? S.. PROPERTY INSPECTION CONTINGENCY (1-00) ? WAIVED. Buyer understands that Buyer has the option to request inspections of the Property (see Property Inspection and Environmental Notices). BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of (his Agreement. Y ELECTED (A) Within _1?lays of (Ire execution of this Agreement, Buyer, at Buyer's expense, may choose to have inspections and/or certifications com- pleted by licensed or otherwise qualified professionals (see Property Inspection and Env ii onmcraud Notices). This contingency does not apply (u the following existing condition,, and/or items: (B) Other pi ov i.sions of Ihis Agmemcnt may provide for inspections and/or certifications that are not waived ur alleed by Buyer's election here. (C) If IN) ei is not satisfied with the condition of the Properly as stated in any written report, Buyer will, within the time given for completing inspections: Option I Y I. Accept the Property with the information stated in the report(s) and agree to the RELEASE set forth in paragraph 25 of this Agrecnnent, OR 2. Temtinate tine Agrc?nent in writing by notice to Listing Broker, if any, otherwise to Seller, within the lime given for inspection, in which case all deposit nrcnhies paid on account of purchase price will be returner) promptly to Buyer and this Agrcenhent will be VOID. Opliun 2 I. Accept (he Prapeny with the information stated in the mpon(s) and agree to the RELEASF set forth in paragraph 25 of this Agreement, UNLESS (he total cost to coned the conditions contained in the report(s) is none than 2. If (he total cost to coned the conditions contained in the repnr((s) EXCEEDS (he amount specified in paragraph 8(C) (Option 2) 1, Buyer will deliver the report(s) to Listing Broker, if any, otherwise to Seller, within the time given for inspection. a. Seller will, within days of receiving (he report(s), inforn Buyer in writing of Seller's choice to: (1) Make repairs before settlement so that the renhainirgt cost to repair conditions contained in the report(s) is less than or equal to the amount specified in paragraph 8 (C) (Option 2) I. (2) Cnedil Buyer at settlement for the difference between the estimated cost of repairing the conditions contained in the report(s) and the auroun( specified in paragraph 8 (C) (Option 2) 1. This option must be acceptable un the mortgage lender, if any. (3) Not make repairs and not credit Buyer at settlement for any defects in conditions contained in the report(s). b. If Seller chooses (o stake repairs or credit Buyer at settlement as specified in paragraph 8 (C) (Option 2) 2, Buyer will accept the Properly and agrce to the RELEASE se( forth in paragraph 25 of this Agrecmenl. C. If Seller chooses not to make repairs and not to credit Buyer at settlement, or if Seller fails to choose any option within the time given, Buyer will, within days: (I) Accept the Property with the information stated in the report(s) and agree to the RELEASE set forth in paragraph 25 of this Agreemcnt, OR (2) "femninate the Agreement in writing by notice to Listing Broker, if any, otherwise to Seller, in which case all deposit monies paid on account of purchase price will be returned promptly to Royer and this Agreement will be VOID. 9. WOOD INI'ESTATION CONTINGENCY (1-00) ? WAIVED. Buyer understands that )Buyer has the option to request that the Property be inspected for wood infestation by a certified Pest Control ,r? Operator. BUYER WAIVES III IS OPTION and agrees to the RELEASE se( Ruth in paragraph 25 of this Agreement. ELECTED YA) Within l days of the execution of this Agreement, Buyers, at buyer's expense, will obtain n written "Wood- Destroying Insect Infestation Inspection Report"' Stan a centred Pest Control Operator and will deliver it and all supporting documents and drawings provided by the Pest Control Operator to Listing Broker, if any, otherwise to Seller The report is to be made satisfactory to and in compliance with applicable laws, mortgage and lending insti In( ions, and/or Federal Insuring and Guaranteeing Agency requirements, if any. The inspection will include all read- ily visible and accessible auras of all structures on the Property except (he following structures, which will not be inspected: (B) If the inspection reveals evidence of active infestation(s), Seller agrees, at Seller's expense and before settlement, to treat for active infesta- tion(s), in accordance with applicable laws. (C) I f the inspection reveals damage from acli, e infestation(s) or previous infeslation(s). Buyer, at Buyer's exlmse, has Ithe option to obtain a w l it- ten reportby a profes::ional contractor, home inspection service, cr structural engineer that is limited to struc(ural danhage to the Property caused by wood-desumving organisms and a proposal to repair the damage. Buyer will deliver the structural damage report and corrective proposal to listing Brokc,; if any, otherwise to Seller, within _5__ days of delivering the original inspection report. (D) Within 5 days of receiving the structural damage report and collective proposal, Seller will advise Buyer whether Seller will repair, at Seller's expense and before settlement, any structural damage from active or previous infestation(s). (F) If Seller chooses to repair structural danage revealed by the repon, Buyer agrees to accept the Property as repaired and agrees to the RELEASE set both in pamgmph 25 of this Agreement. (P) If Seller chooses not Io repair structural damage revealed by (Ire repon or fails to respond within the time given, Buyer, within 5 days of receiving Sellers notice, will notify Seller in writing of Buyer's choice to: I. Accept the property with the defects revealed by the inspection, without abatement of price and agree to the RELEASE, set forth in pars- graph 25 of [his Agreement, OR 2. Make the repairs before settlement, if required by the mortgage lender, if any, at Buyer's expense and with Seller's permission, which will not be unreasonably withheld, in which case Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement. If Seller denies Bayer permission to make the repairs. Buyer may, within 5 days of Seller's denial, temrinate this Agreement. If Buyer Terminates (his Agrcen,cn(, all deposit nrunies paid on account of purchase price shall be returned promptly to Buyer and this Agreement will be VOID, OR 3. Tenuiuate Ihis Agreement, in which case all deposit nnonics paid on account of purchase price will be returned promptly to Buyer and this Agreemcnt will be VOID. 10. RESIDEN'I'[AL LEAD-BASED PAIN 'P HAZARD REDUCTION ACT NOTICE REQUIRED FOR PROPERTIES III IFUT BEFORE 1978 (1-00) Cl NOTAPPLICABLE APPLICABLE A) Seller represents that: (check I OR 2) 1. Seller has no knowledge concerning the presence of lead-based paint and/or lead-based paint hazards in or about the Property. 2. Seller has knowledge of the presence of lead-based paint and/or lead-based paint hazards in or about the Property. (Provide the basis for determining that leadbased paint and/or hazards exist, the losalion(s), the condition of the painted surfaces, and other available inform tion concerning Seller's knowledge of the presence of lead based paint and/or lead-based paint hazards.) (B) Recurds/Reports (check 1 OR 2) 1. Seller has no mpons or records pertaining to lead-based paint and/or Icad-based paint hazards in or about the Property. ? 2. Seller has provided Buyer with all available records and reports petaining to lead-based paint and/or lead-based paint hazards in 01 about the Property. (List docuuents) _ (C) Ihryer's Ackuuwledgument ®% I. Buyer has received the pamphlet Prnnect Y?ro-Fonrlhj+orn LenAin Your Home and has read the Lead Warning Statement contained in Ihis ( Agreement (Se, nmenml,Notot?ices). Buyer's Initials ?/?iys? Date ?2. Buyer has reviewed Seller's disclosure of known lead based paint and/or lead-based paint hazards, as identified in paragraph 10(A) and has mccived IL trls an'd rep ns pertaining to lead-based paint and/or lead based pain( hazards identified in paragraph 10(B). Bo en's lnilia 1, (._` _ Date Rover Inilials(? A/S-21K Page 3 of 8 Seller Initials: Ailfr.7ll`9, _ r I. 1, 7 N ./-{ (D) RISK ASSESSNIENT/INSPECTION: Buyer acknowledges that before Buyer is obligated to buy a residential dwelling built before 1978, z^ 'fir= Buyer has it 10 day period (unless Buyer and Seller agree in writing to it different period of time) to conduct a risk assessment or inspection of a r.r the Properly for the presence of lead-hased paint and/or lead-based paint hazards. --u. WAIVED. Buyer understands that Buyer has the right to conduct a risk assessment or inspection of the Property to determine the presence of 7 lead-based paint anti/or lead-based paint hazards. BUYER WAIVES THIS RIGHT and agrees to the RELEASE set forth in paragraph 25 of . this Agreement. ? EI.RC'ILD t I. Buyer. al Buyer's expense, chooses to obtain a risk assessment and/or inspection of the Property for lead-based paint and/or lead-based paint hazards. The risk assessment and/or inspection will be completed within days of the execution of this Agreement (insert "10" unless Buyer and Seller agree to a different period Of time). 2. Within the time set forth above for obtaining the risk assessment and/or inspection of the property for lead-based paint mild/or lead-based paint hazards, Buyer may deliver to Listing Broker, if any, otherwise to Seller, a writtcn list of the Specific haaardous conditions cited in the report and chose corrections requested by Buyer, along with a copy of the risk assessment and/or inspection report. 3. Seller may, within days of receiving the list and report(s), submit a written corrective proposal to Buyer. The corrective proposal writ include. but not he limited to, the name of the remediation company and it completion dine for corrective measures. Seller will pro- vide c:-rutic:nion bum a i Isk assesvv or inspector lhal coucctiv= nheasmes hnvc l ecn rend :. s , sfachn ily on oi before tine completion date. 4. Upon receiving the collective proposal, Buyer, within 5 days, will: u. Accept the corrective proposal and the Property in writing, and agree to the RELEASE set forth in paragraph 25 of this Agreenent, „ OR b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly - to Buyer and this Agreement will be VOID. 5, Should Seller fail to submit a written corrective proposal within the time set forth in paragraph 10(D)3 of this Agreement, then Buyer, within 5 days, will: a. Accept [lie Property in writing, and agree to the RELEASE set forth in pmagiaph 25 of this Agreement, OR b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer and this Agreement will be VOID. , (E) Certification By signing this Agreement, Buyer and Seller certify the accuracy of their respective statements, to the best of their knowledge. - 11. RADON CONTINGCNCY (1-00) (A) Seller represents that: (check appropriate response(s)) si aW I. Seller has no knowledge concerning the presence or absence of radon. ? 2. Seller has knowledge that the Property was tested on the dates, by the methods (e.g., charcoal canister, alpha track, etc.), and with the results of all tests indicated below: , DATE TYPE OF TEST RESULTS ducocuriesditer or working levels) COPIES OF ALL AVAILAB LE TEST REPORTS will be delivered to Buyer with this Agreement. SELLER DOES NOT WARRANT EITHER "I I IF METHODS OR RESULTS OF THE TESTS. ? 3. Seller has knowledge that the Property underwent radon reduction measures on the date(s) and by the method(s) indicated below: DAI'F, RADON REDUCTION METHOD WAIVED. Buyer understands that Buyer has the option to request that the Property be inspected for radon by a certified inspector (see Radon Notice). BUYER WAIVES THIS OPTION and agrees to lire RELEASE set forth in paragraph 25 of this Agreement. ? ELECTED (B) Buyer, al Buyer's expense, has the option to obtain, from it certified inspector, a radon test of the Property and will deliver a copy of the test report to Listing Broker, if any, otherwise in Seller, xvirhin _ (lays of the execution of this Agreement. (See Radon Notice.) L 11 the test reporl reveals the presence of ration below 0.02 wod(ing levels (4 picocuries/ ina), Buyer accepts the Property and agrees to the RELEASE set milli in paragraph 25 of this Agreement. 2. If the test report reveals the presence of ration at or exceeding 0.02 working levels (4 picocmics/liter), Buyer will, within days of receipt of the test results: ? Option I a. Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR E. Terminate this Agreement in willing, in which case all deposit ninnies paid on account of purchase price will be returned promptly to Buyer and this Agreement will be VOID, OR C. Submit a wiihen, corective proposal to Listing Broker, if any, otherwise to Seller. The corrective proposal will include, but not be limited m, the name of the certified mitigation company; provisions for payment, including retests; and completion date for conec- live measures. (1) Within 5 days of receiving the corrective proposal, Seller will: (a) Agree to the terns of the corrective proposal in writing, in which case Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR (b) Not agree to the lemrs of the connective proposal. (2) Should Seller not agree to the terns cf the corrective proposal or fail to respond within the time given, Buyer will, within 5 days, elect to: (a) Accept the Property in writing and agree to the RELEASE. set forth in paragraph 25 of (Iris Agreement, OR (b) 'terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer and this Agreement will be VOID. Ja`; a7i a16 ? Option 2 r z r= it %t ti,e ?s ?] 3<a a. Accept file Propery in writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR b. Submit a writtcn, corrective proposal to Listing Broker. if any, otherwise to Seller The corrective proposal will include, but not be limited to, the name of the certified mitigation company; provisions fur payment, including retests; and completion date for entice- live measures. Seller will pay it maximum of $ toward the total cost ot'remediation and retests, which will be completed by settlement. (1) If the total cost of remediation and retests FXCEEDS lire amount specified in paragraph I I(B) (Option 2) b, Seller will, within 5 days of receipt of the cost of remediation, notify Buyer in whiling of Seller's choice lo: (n) Pay for the total cost of remediation and retests, in which case Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR (h) Not pay for the total cost of remediation and retests. (2) If Seller chooses not to pay for the total cost of remediation and retests, or if Seller fails to choose either option within the time given, Buyer will, within 5 days, notify Seller in writing of Buyer's choice to: (a) Pay the difference between Seller's contribution to remediation and retests and the actual cost thereof, in which case Buyer accepts 1110 Property and agrees to the RELEASE Set forth in paragraph 25 of this Agreement, OR (b) 'terminate this Agreement, in which case all deposit munies paid on account of purchase price will be returned promptly to Buyer and this Agreement will be VOID. Buyer Initials: Iv? A/S-2K Page 4 of 8 Seller Initials: x? _ 7/ a25 33(1 12. STATUS OF WATER (1-00) 3130 381 (A) Seller represents that this property is served by: sal 337 ? Public Water 332 :133 On-site Water 333 334 Community Water 314 335 ? None 3315 gas ? _ 37G 3,17 (B) WATER SERVICE INSPECTION CONTINGENCY aar 3as ? WAIVED. Buyer acknowledges that Buyer has the option to request an inspection of the water service for the Property. BUYER WAIVES 335 3-'' TIIIS OPLION and agrees to the RELEASE set forth in paragraph 25 of this Agreement. If 3n0 ` -y-7 ELECTED 3dn snt y r L Buyer has the option, within days of the execution of this Agreement and at Buyer's expense, to deliver to Listing Broker, if any, ;'.%! f 339 otherwise to Scl ter, a written inspection report by a qualified, professional water testing company of the quality and/or quantity of I he water 353 service. 313? 3.1+ 2. Seller agree, to locale and provide access to the on-site (or individual) water system, if applicable, at Seller's expense, if required by the 3t?t -.., r r: r - ion ecm a r} Selzer also age os to resLrre the Pr_ retry I'n"r to sshlcmgY 33 3'13 3. If the report reveals that the water service does not meet the minimum standards of any applicable governmental authority and/or fails to ; 7 J! r satisfy the requirements for quality and/or quantity set by the mortgage lender, if any, then Seller will, within days of receipt of 331 ^? the report, notify Buyer in writing of Seller's choice to: 3^s 119 a. Upgrade the water service to the minimum acceptable levels, before settlement, in which case Buyer accepts the Property and agrees Ile to the RELEASE set forth in paragraph 25 of this Agreement, OR 3'f6 d!+n b. Not upgrade the water service. _ Ill, I asp 4. If Seller chooses not to upgrade rile service to minimum acceptable levels, or fails to respond within the time given, Buyer will, within < 3Ln days, either. .,_. 111 a. Accept the Properly and tine water service and, if required by the mortgage lender, if any, and/or any governmental authority, upgrade 3513 the water service before settlement or within the time required by the mortgage lender, if any, and/or any governmental authority, at 3. , 3,e Buyer's expense and with Seller's permission, which will not be unreasonably withheld, and agree to the RELEASE set forth in as paragraph 25 of this Agreement. If Seller denies Buyer permission to upgrade the water service, Buyer may, within 5 days of Seller's 3« -- denial, terminate this Agreement. If Buyer terminates this Agreement, all deposit monies paid on account of purchase price will be +- 3G3 returned promptly to Buyer and this Agreement will be VOID, OR ?:'? 3nu b. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer s'G xel still this Agreement will be VOID. M7 13. STATUS OF SEWER (1-00) 3a9 (A) Seller represents that properly is served by: :im! 3e4 ? Public Sewer 3na 3ri'; Individual On-lot Sewage Disposal System (See Sewage Notice 1) . , YfS ? Individual On-lot Sewage Disposal System in Proximity to Well (See Sewage Notice L see Sewage Notice 4, if applicable) - ', :367 ? Community Sewage Disposal System rx ? Ten-acre Perron Exemption (Sec Sewage Notice 2) ? Holding'I'ank (Sec Sewage Notice 3) 376 ? None (See Sewage Notice l) Ns ;lit ? None Available/Pernit Limitations in Effect (Sec Sewage Notice 5) 'I; (B) INDIVIDUAL ON-LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY .. . 311 ? WAIVED. Buyer acknowledges that Buyer has the option to request an individual on-lot sewage disposal inspection of the Property. BUYER 3 r^- 17`, WAIVES THIS Ol'rION and agrees to the RELEASE set forth in paragraph 25 of this Agreement, g< Its V77 ELECTED " ? t:Tr, 3tr T 1. Buyer has flit option, within !^S? days of tirc execution of this Agreement and at Buyer's expense, to deliver to Listing Broker, if :1 r any, otherwise to Seller, it written inspection report by a qualified, professional inspector of the individual on-lot sewage disposal system. I 2. Seller agrees to locate :urd provide access to the individual on-lot sewage disposal system, and, if required by the inspection company, 1, •st"' empty the septic tank, at Seller's expense. Seller also agrees to restore the property prior to settlement. , '•113 3. If the report reveals defects that do not require expansion or replacement of the existing sewage disposal system, Seller will, within ___3_ days of receipt of the report, notify Buyer in writing of Seller's choice to: - a. (:once( the defects before settlement, including retests, at Sellers expense, fit which case Buyer accepts (he Property and agrees to '" isa lire RELEASE set forth in paragraph 25 of this Agreement, OR ? IF, 3r--.? b. Not correct the defects, or if Seller fails to respond within the time given, Buyer will, within days, either: ?3c: 1 (1) Accept the Property and the system and, if required by the mortgage lender, if any, and/or any governmental authority, correct 3n6 • the defects bcloic settlement or within the time required by the mortgage lender, if any, and/or any governmental authority, at 3117 - Buyer's sole expeow and with Seller's permission, which will not be unreasonably withheld, and agree to the RELEASE set Ins forth in paragraph 25 of this Agreement. If Seller denies Buyer permission to correct the defects, Buyer may, within 5 days of 339 Seller's denial, terminate this Agreement. If Buyer terminates this Agreement, all deposit monies paid on account of purchase l If! ,- price will be returned promptly to Buyer and this Agreement will be VOID, OR 391 (2) 'I-enoinate (his Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned - - promptly to Buyer and this Agreement will be VOID. ., - :104 4. If the report reveals the need to expand or replace the existing individual on-lot sewage disposal system, Seller may, within days = _. - of receipt of fire repurl, submit a corrective proposal to Selling Broker, if any, otherwise to Buyer. The corrective proposal will include, but • - 3!'1l not be limited to, (lie name of the remediation company; provisions for payment, including retests; and completion date for corrective mea- 3!'n .... ,sores. Within 5 days of receiving Seller's corrective proposal, or if no corrective proposal is received within the time given, Buyer will: , ., 3'!13 a. Agree to (he terms of the coneclive proposal, if any, in writing, in which case Buyer accepts the Property and agrees to the RELEASE 3as 34'1 set firth in paragraph 25 of this Agreement. OR 313^ aHIP b. Accept the Properly and the system and, if required by the mortgage lender, if any, and/or any governmental authority, correct the JN defects before settlement or within the time required by the mortgage lender, if any, and/or any governmental authority, at Buyer's vi; 403 sole expense and with Seller's permission, which will not be unreasonably withheld, and agree to the RELEASE set forth in pars- 4e? 407 graph 25 of this Agreement. If Seller denies Buyer permission to correct the defects, Buyer may, within 5 days of Seller's denial, ter- c'? 4n, urinate this Agreement. If Buyer lemninaes this Agreement, al! deposit monies paid on account of purchase price will be returned ins promptly to Buyer and this Agreement will be VOID, OR ..., mg c. 'terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly ,l; rp, to Buyer and this Agreement will be VOID. .,, nail 14. NOTICES, ASSESSMENTS & CERTIFICATES OF OCCUPANCY (1-00) P33 nn9 (A) Seller represents as of Seller's execution of this Agreement, that no public improvement, condominium or homeowner association assessments a!s ^ t a have been made against the Property which remain unpaid and that no notice by any government or public authority has been served upon Seller 't -1tt or anyone on Seller's behalf, including notices relating to violations of zoning, housing building, safety or fire ordinances which remain It+ 'r3 mmonected, and that Seller knows of no condition that would constitute violation of any such ordinances which remains uneonecled, unless +1% 413 otherwise specified here: dI3 X14 - ._ n14 4ls 4113, 61fi ^ Ila .!1 r Iiuyer Iniliale; ? ? _ A/S-2[Z Page 5 of H Seller Initials: It, tirl r_ R 419 419 (B) Seller knows of no other potential notices (including violations) and assessments except as follows: 418 419 420 (C) In the event any notices (including violations) and assessments are received after execution of this Agreement and before settlement, Seller will 420 421 notify Buyer in writing, within 5 days of receiving the notice or assessment, [hat Seller will: 421 427 1. Comply with notices and assessments at Seller's expense, in which case Buyer accepts the Property and agrees to the RELEASE set forth 422 423 in paragraph 25 of this Agreement, OR 4214 424 2. NOT comply with notices and assessments at Seller's expense, in which case Buyer will notify Seller within 5 days in writing that Buyer 4'4 475 will V5 12, a. Comply with notices and assessments at Buyer's expense and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 17, 477 b. Iermina[e this Agreement, N which case all deposit monies paid on account of purchase price will be returned promptly to Buyer 427 428 and this Agreement will be VOID. 420 .• If Buyer fails to notify Seller within the time given, Buyer accepts the Properly and agrees to the RELEASE set forth in para- a ,l 437 graph 25 of this Agreement. 430 431 (D) Buyer is advised that access to a public mad may require issuance of a highway occupancy permit from the Department of Transportation. 4z1 412 (F) if requited by law. wilhie __ days of the execution of this Agreement, Seiler will order for delivery to Selling Broker, if any, otherwise 439 l;, to Buyer, on or bclo;c settlemcin, 133 131, I. A certification from the appropriate municipal department or departments disclosing notice of any uncorrected violation of zoning, hous- 111 43'i ing, building, safety or fire ordinances, AND/OR 11.5 ,13a 2. A certificate permitting occupancy of the Property. In the event repairs/improvements are required for the issuance of the certificate, Seller "Ili aa7 will, within 5 days of Seller's receipt of the requirements, notify Buyer of the requirements and whether Seller will make the required 137 438 repairs/improvenienls at Seller's expense. 13q 409 If Seller chooses not to make the required repairs/improvements, Buyer will, within 5 days, notify Seller in writing of Buyer's choice to tenni- •I!tI Flo nate this Agreement OR make the repairs/iniprovenients at Buyer's expense and with Seller's permission, which will not be unreasonably with- 149 ar, held. If Seller denies Buyer permission to make the required repairs, Buyer may, within 5 days of Seller's denial, terminate this Agreement. If ; . 44? Buyer terminates [his Agreement, all deposit monies paid on account of purchase price will be returned promptly to Buyer and this Agreement 147 aV will be VOID. ?t 43 amt. I5. TITLE, SURVEYS & COSTS (1-00) - (A) The Property is to be conveyed fee and clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the following: existing 11`- -Jas deed restrictions, historic preservation restrictions or ordinances, building restrictions, ordinances, easements of roads, casements visible upon 4 va err; the ground, easements of record, privileges or rights of public service companies, if any; otherwise the title to the above described real estate 'I. ujG will be good and marketable and such as will be insured by a reputable Title Insurance Company at the regular rates. '-!s 414 (B) In the event Seller is unable to give a good and marketable title and such as will he insured by a reputable Title Company ache regular rates. 9-+n dsn as specified in paragraph 15(A), Buyer will have the option of taking such title as Seller can give without changing the price of of being repaid all monies paid by Buyer to Seller on account of purchase price and Seller will reimburse Buyer fa any costs incurred by Buyer for those items I,i' a ?7 specified in paragraph 15(C) and in paragraph 15(D) items (1), (2), (3); and in the latter event there will be no further liability or obligation on ,rri s either of the parties hereto and this Agreement will become VOID. n??n (C) Any survey of surveys which may be required by the Title Insurance Company of the abstracting attorney, for the preparation of an adequate 4a' 'I';l• legal description of [he Property (or the correction thereol), will be secured and paid for by Seller. However, any survey or surveys desired by aq 151T Buyer or requited by the mortgage lender will be secured and paid for by Buyer. - ?• •, (D) Buyer will pay for the following: (1) The premium for mechanics lien insurance and/or title search, or fee for cancellation of same, if any; ... (2) The prenriunas for flood insurance and/or fire insurance with extended coverage, insurance binder charges or cancellation fee, if any; ll l! 1 11 (3) Appraisal fees and charges paid in advance to mortgage lender, if any; (4) Buyer's customary settlement costs and accruals.. a q 1nr' 16. ZONING CLASSIFICATION (1.00) -s•:a Failure of this Agreement to contain the zoning classification (except in cases where the property (and each parcel thereof, if subdividable I is zoned ' ?LPJ solely or primarily in permit single-family dwellings) will render this Agreement voidable at the option of the Buyer, and, if voided, any deposits ih:' ll., tendered by the Buyer will be returned to the Buyer without airy requirement for court action. ,. ( Zoning Classification: AG _ r-ar2?2'-% z?_S.=-/ 5 uF _??fs IL _ dGF. ELECTED. Within 1/) days of the executio:-, of this Agreement, Buyer 'Aill verify that the existing use of the Property as T is Ircrmitted. Iu the event the use is not permitted, Buyer will, within the time I , - given for verification, notify Listing Broker; if any, otherwise Seller, in writing that the existing use of the Property is not permitted and this IF, Agreement will be VOID, in which case all deposit monies paid on account of purchase price will be relumed promptly to Buyer. Buyer's -?... tF^. failure to respond within the time given will constitute a WAIVER of this contingency and all other terms of this Agreement remain in r t'r full force and effect. - 17. COAT, NOTICE NOTAPPLICABLE dLa ? APPLICABLE , '11,R,DOCUMEN'TMAYNOTSI°LL,('ONVEY,'IRANM[,]I, INCLUDE OR INSURE "I'HETHLE'1'0 THE COAL AND RIGHTS OI' SUPPORT UNDERNEATH THE SURFACE LAND 5+, t!!i DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCI I COAL. MAY IIAVH THE COMPLETE LEGAL RIGI IT TO REMOVE ALL SUCII COAL AND ..? IN HIAF CONNECTION, DAMAGE MAY RESUIT TO'1'IIF. SIIRFACF OF TIIE LAND AND ANY HOUSE, RUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. (This i % 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 =. •_+ right of protection against subsidence resulting Goer coal mining operations, and that the property described herein may be protected from damage " 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 ?tT Of complying with [he in OVISIOnS of Section 14 of (he Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966." Buyer agrees •'?'n A01 to sign the deed from Seller which deed will contain the aforesaid provision. , NO 18. POSSESSION (1-98) ... :all (A) Possession is lobe delivered by deed, keys and: ,,.. 9-I L Physical possession to a vacant building (if any) broom-clean, free of debris at day and tune of settlement, AND/OR ea aas 2. Assignment of existing lease(s), together with any security deposits and interest, at time of settlement, if Property is tenant-occupied at the nc, .-,., execution of this Agreement or unless otherwise specified herein. Buyer will acknowledge existing lease(s) by initialing said lease(s) at 10, a0] time of signing of this Agreement, if Property is tenantoccupicd. ,,. 400 (B) Seller will riot enter into any new leases, written extension of existing leases, if any, or additional leases for the Property without expressed !", 4nq written consent of Buyer. PIT 49n 19. RECORDING (3-85) This Agreement will not be recorded in the Office for the Recording of Deeds or in any other office or place of public record 4oa 421 and if Buyer causes or permits this Agreement to be recorded, Seller may elect to treat such act as a breach of this Agreement. , rig. 20. ASSIGNMENT (3-85) This Agreement will be binding cPon the parries, !heir respective heirs, personal repo=sentatives, guardians and successors, -.- 40? and to the extent assignable, on the assigns of the parties hereto, it being elgaessly understood, however, that Buyer will net transfer or assign this •?9` 4n'r Agreement without the written consent of Seller. t:s• , nos 21. DEPOSIT & RECOVERY FUND (1-00) 4gs, (A) Deposits paid by Buyer within 30 days of settlement will be by cash, cashier's or certified check. Deposits, regardless of the form of payment ear, •Io, and the person designated as payee, will be paid to Broker or party identified in paragraph 3(F), who will retain them in an escrow account until , I; ,, , consummation or lernination of this Agreement in conformity with all applicable laws and regulations. Any uncashed check tendered as deposit III 4a'? may be held pending the acceptance of this offer. ?. 4n (If) in the even[ of a dispute over entitlement to deposit monies, a broker holding the deposit is required by the Rules and Regulations of the State '.. +r Real Estate Commission (49 Pa_ Code $35.327) to retain [lie monies in escrow until the dispute is resolved. In the event of litigation fm' the s'?= rerun of deposit monies, a broker will distribute the monies as directed by a final order of court or the written Agreement of the parties. Buyer .. -, all(] Seller agree that, in the event any broker or affiliated Iicen.see isjoined in litigation for the return of deposit monies, the attorneys' fees and d4 costa of I r ? to and licensee(s) will be paid by the party joining them. 1tmer htiliabo A/S-2K Page 6 of 8 Seller Initials: Syh6 (C) A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real esuuc licensee owing to baud, misrepresentation, or deceit in a real estate transaclion and who have been unable to collect thejudgment after exhaust- 5a'. ing all legal and equitable remedies. For complete details about the Fund, call (717) 783-3658, or (800) 822-2113 (within Pennsylvania) and •„ 'rtla (717) 783 4854 (outside Pennsylvania). ... z0.t 22. CONDOMINIUM/I'I,ANNIED COMMUNI'IY (IIO!NEOWNER ASSOCIATION) RESALE NOTICE (1-00) ,. NOTAPPLICABLE , 5', ? APPLICABLE: CONDOMINIUM ?. h. Bever acknowledges that the Property is a unit of a condominium that is primarily run by a unit owners' association. §3407 of the Uniform r.; Condominium Act of Pennsylvania requires Seller to furnish Buyer with a Certificate of Reside air(] copies of the condominium declaration (other than plats and plans), the bylaws, and the rules and regulations of the association. ,la ? APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) Buyer acknowledges that the Property is part of a planned community as defined by the Uniform Planned Community Act. (See Definition of 7! r, Planned Community Notice for the definition contained in the Act). §5407(a) of the Act requires 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 tine provisions set forth in §5407(a) ,d the drt. .. n ... ( :) Within ,lays of file e. ccutoo o: `.iris Agrcomemt, Seller will ,!,bolt a reques h. "CrL,IUn fill a CerbLCale o: Resale and the (]cc- I _ orients necessary to enable Seller to comply with [lie Act. The Act provides that the associa(irvu is required to provide these documents within $( i 10 days of Sellers request , ,. (13) Under the Act, Seller is not liable to Buyer fertile failure or delay of the association to provide the Certificate in a timely manner, nor is Seller !.: u i7 l; liable to Buyer for any erroneous information provided by the association and included in the Certificate. r?;> o j, (C) Buyer may declare this Agreement VOID at any time before Buyer's receipt of the association documents and for 5 days thereafter, OR until 11,7 settlement, whichever occurs first. Buyer's notice declaring this Agreement void must be in writing; thereafter all deposit monies will be , 11713 roamed to Buyer. ,2s (I7) In the event the association has rbe right to buy the Property (righ( of first refusal), and the association exercises that right, Seller will reimburse ?n 530 Buyer for all monies paid by Buyer on account of purchase price and for any costs menrred by Buyer for: (I ) The premium for mechanics lien 9;a51 bat insurance and/or title search, or fee for cancellation of same, if any; (2) The premiums for flood insurance and/or fire insurance with extend- ; a t 1131 a1 coverage, insurance binder charges or cancellation fee, if any; (3) Appraisal fees and charges paid in advance to mortgage lender, if any; Lit,, 533 (4) Buyer's customary settlement costs and accruals. ti 31 s;{t 23. MAINTENANCE & RISK OF LOSS (1-00) ses (A) Seller will maintain the Po perty, grounds, fixtures, and any personal properly specifically scheduled herein in its present condition, normal s. _ wear and tear excepted 53; (13) In the event anv system or appliance included in the sale of lire Properly fails and Seller does not repair or replace the item, Seller will promptly a:;t ays notify Buyer in writing of Seller's choice to: in ass L Repair or replace the failed system or appliance before settlement or credit Buyer at settlement for the fair market value of the failed sys- saa k.n) real or appliance (this option must be acceptable to the mortgage lender, if any). In each case, Buyer accepts the Property and agrees to raa t,n the RELEASE set forth in paragraph 25 of this Agreement, OR ;r.. 2. Make no mpairs or replacements, and not credit Buyer at settlement for the fair market value of the failed system or appliance, in which _ case Buyer will notify Seller in writing within 5 (lays or before settlement, whichever is sooner, that Buyer will: •. a. Accept the Property and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR ... b. 't'erminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer and this Agreement will be VOID. . (C) Seller will [)car risk of loss from fire or other casualties until time of settlement. In the event of damage by fire or other casualties to any prop- .. - erty included in this sale that is not repaired or replaced prior to settlement, Buyer will have the option of rescinding this Agreement and prongrlly receiving all monies paid nn account of purchase price or of accepting the Properly in its then condition together with the proceeds of any insurance recovery obtainable by Seller. Buyer is hereby notified that Buyer may insure Buyer's equitable interest in this Properly as of the lime of execution of this Agreement. 24. WAIVER OF CONTINGENCIES (1.00) In the event this Aglcenrcnl is contingent on Buyer's right to inspect and/or repair the Properly, Buyer's failure to exercise any of Buyer's options within the time limits specified in the contingency prorision(.s) will constitute a WAIVER of that contingency and Buyer accepts the Property and agrees in the RELEASE set forth in paragraph 25 of this Agreement 25. RELEASE (1-00) Buyer hereby releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOY- FES, 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 injuries and properly damage and all of the consequences their cot, whether now known or not. which maV mdse from the presence of termites or other wood-boring insects, radon, lead-based paint hazards, environmental hazmvls, anv defects in the individual on-lot sewage disposal system or deficiencies in the on-site water service system, or amp defects or conditions on the Properly. This release will survive settlement. 26. REPRESEN'1'A'1 IONS (1-00) (A) Buyer un(icrstands that any representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seller, Brokers. :. their licensees, enhployces, officers, or partners are not a part of this Agreement unless expressly incorporated or sated in this Agreement. (G) It is understand that Buyer has inspected the Properly before signing this Agreement (including fixtures and any personal property specifically scheduled herein), or has waived the right to do so, and has agreed to purchase it in its present condition unless otherwise slated in this Agreement. Buyer acknowledges that Brokers, their licensees, employees, officers or partners have not made an indepen- dent examination or determination of the structural soundness of the Property, the age or condition of the components, environmental .. conditions, the permitted uses, or of conditions existing in the locale where the Properly is situated; not have they made a mechanical ,,. inspection of any of the systems contained therein. (C) It is further understood that this Agreement contains the whole agreement between Seller and Buyer and there are no other terms, obligations, , ,. covenants, represenunions, statements or conditions, oral or otherwise of any kind whatsoever concerning this sale. Furthermore, this ,.. „. Agreement will not be altered, amended, changed, a' modified except in writing executed by the parties ., (D) The headings, captions, and line numbers in this Agreement are meant only to make it easier to find the paragraphs 27. 'TIME OF 'I HE ESSENCE-DEFAULT (1.00) 5 n- The said time fm settlement and all other times referred to for the performance of any of the obligations of this Agreement are hereby agreed to be - ., ,. , of the essence of this Agreement. For the purposes of this Agreement, number of days will be counted from the date of execution, by excluding the , . dry this Agreement was executed and including the last day of the time period Should Buyer: _ (A) Pail to neke anv addihiooal payments as specified in paragraph 3; OR (B) Furnish false or inconhplele information to Seiler, 1isting Broker, Selling Broker, or the mortgage lender, if any, concerning Buyer's legal or financial status, or fail to cooperate in the processhtg of the mortgage loan application, which acts would result in the failure to obtain the , . _ approval of a mortgage loan commitment; OR -,-.. (C) Violate or fail to fulfill and perform any other trolls or conditions of this Agreement; _ „ then in such case, Seller has the option of retaining all sums paid by Buyer, including the deposit monies, 1) on account of purchase price, or 2) as monies to be applied to Seller's damages, or 3) as liquidated damages for such breach, as Seller may elect, unless otherwise checked . Seller is limited re retaining sums paid by Buyer, including deposit monies, as liquidated damages. ! If Seller elects to retain :dl sums paid by Buyer, including deposit monies, as liquidated damages, Buyer and Seller will be released from fur= , nccr liability or obligation and this Agreement will be VOID. Buyer Initials - A/S-2K Page 7 of 8 Seller Initials: r:u RZ3 OF, G29 636 63 t 63z 634 635 636 637 630 639 640 641 642 643 644 6,15 646 rr,, en6 it 49 5511 r,y t 65= 5 5 aS6 6551 66. r,6+ ri50 rs? 6r3 cn; c=n ppn 6>'I r < t-9 r, fits: 28. BROKERS (1-00) The Business Relationships between the Broker(s) and Seller atd Buyer are as follows, UNLESS a different relationship is checked below. (A) 'rhe Listing Brokcr is Agent for :feller. (B) The Selling Broker is Agent for Buyer. (C) When the Listing Broker and Selling Broker are the same, the Broker is a Dual Agent. Dual Agency applies to all licensees, UNLESS there is a Designated Agent(s) for Seller and it Designated Aged(s) for Buyer. If the same Licensee is designated for Seller and Buyer, the Licensee is it Dual Agent, rA 1 usiness Relationship exists that is different from above, as follows: The Selling Broker is the Agent/Subagent for Seller. ? The Selling Broker is it Tiitteaction Licensee. ? The Listing Broker is it I tansaction Licensee. (D) Broker (s) may perform services to assist unrepresented parties in complying with the leans of this Agreement. 19. MEDIATION (7-96) ? NO'I AVAILA6I '. ? WAt Vl D. Buyc and Seller understand ihat they may choose to mediate at it laser date, should it tsputc. arse, but that there will be no obli galwo _n it,, pan it i.nv pan' to do so_ It? I.LI (I ED (A) Buyw and Seller will try to resolve any dispute or claim that may arise from this Agreement through mediation, in accordance with die Rules and Procedures of the Timor Sellers/home Buyers Dispute Resolution System. Any agreement reached through a mediation conference and signed by the parties will be binding. (B) Buyer and Seller acknowledge that they have received, read, and understand the Rules and Procedures of the Home Sellers/home BuyetS Dispute Resolution System. (See Mediation Notice.) (C 'Phis agreement to mediate dispinc.s arising from this Agreement will survive 62nlel ICat. Buyer and Seller acknowledge that they have read and understand the notices and explanatory information set forth in this Agreement. Buyer acknowledges receiving a copy or this Agreement at the time of signing. NOTICE; TO PARTIES: WEE SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Return by facsimile transmission (FAX) of (his Agreement, and all addenda, b aring the signatures of If parties, constitutes acceptance of this Agreement. Parties to this transaction are advised to consult an attorney Belo (ng if they des' egal advice. WITNP;SS BUYER DATE Buyer Name (print) SS It Phone #s ) _ Lf/xx #-- $-?? .- E-Mad WITNESS Buyer Name (print) Mailing Address Phone fix WITNESS Buyer Namc (print) - Mailing Address __ Phone #s FAX It Seller hereby approves the above contract this (date) ._ - and in consideration of the services rendered in procuring the Butter, Seller i.grees to pay the named Listing Broker a fee of of/from the lieFii pecified sale price. In the event Buyer defaults hereunder, any monies paid on account will be divided z , ..1 Listing Broker, but in no event will the sum paid to the Listing Broker be in excess of the above specified Broker's fee. Seller, WITNESS Seller Name (prino Mailing Address _ Phunc#s __- Seller Name (print) Mailing Address Phone It's Phone Is DATE; ILIII.Filia W FI'NESS Seller Name (print) Mailing Address E-Mail ?:;1 ?G's4LLcl. rt. >C:76/ DATE S # _- SS # E-Mail SS # E-Mail _ E-Mail DATE SS # E-Mail Brokers'/Licensees' Cerlitications (check all that are applicable): \j? Regarding Lead-Based Paint Hazards Disclosure: Required if Properly was built before 1978: The undersigned Licensees involved in TT this transaction, on behalf of themselves and their brokers, certify that their statements are true to the best of their knowledge and belief. Acknowledgement The Licensees involved in this transaction have informed Seller of Seller's obligations under The Residential Lead Paint I lazard Reduction Act, 42 U.S.C. 4852(4), art(] are aware of their responsibility to ensure compliance. ? Regarding PHA Mortgages: The undersigned Licensees involved in this transaction, on behalf of themselves and their brokers, certify that the temps of this contrive. for purchase nm true to the best of their knowledge and belief, and that any other agreement entered into by any of these parties in connection'; ith this transaction is attached to this Agreement. ? Regarding Mediation: Ilie undersigned I(,&%ting Broker ? Selling Brokcr agree mi submii to mediation in accordance with para- graph 29 of this Agreement. l HS PING BROKER (Company Name.) ACC'EPIED I3Y DATE SELLING BROKER (Company Name) ACCEPIED BY A/S-21( Page 8 of 8 FAX # DATE DATE 3'-3e) - 0/ FAX It _ SELLER FAX It SELLER FAX # DATE rl-, 7 6v 67_@ r.77 6itt rr9 636 631 5:12 63a 634 635 6'16 6:17 639 639 640 641 647 643 644 645 u46 647 46 ri 19 6Sa 6.5l ij" 6=3i 6F?q 6.1J ,156 65% 655 61iy 6 1a G6'2 Y63 ii6s tart Bfil srr 6117 I!72 opt ens 9n Jun 01 05 03.18 Tara Dawn Hazen 7175899909 p•1 MORTGAGE This Indenture, Made the 1U 1hday of December, 2001, BBTWEEN MICHAEL DUBAICH hereinafter referred to as the Mortgagor, party of the first part; A N D B. BRUCE BOYER and WANDA L. BOYER, his wife, hereinafter referred to as the Mortgagees, party of the second part: WHEREAS,the said, Michael Dubaich, Mortgagor, in and by certain Obligation or Writing obligatory, under his hand and seal, duly executed, bearing even date herewith stand bound unto the said Mortgagees in the sum of ONE HUNDRED TWENTY FIVE THOUSAND AND NO/100-----------($125,000.00)-----DOLLARS, payable one (1) year from the date hereof. It is agreed that Mortgagor shall have the right to prepay the entire balance at any time without penalty. AND ALSO, from time to time, and at ail times, until payment of said principal sum be made as aforesaid, keep the building , erected upon the land herein described, insured for the benefit of the Mortgagees, in some good reliable Stock Insurance Company to the amount of at least one Hundred Twenty Five Thousand and No/100 ($125,000.00) Dollars, and take no insurance out on said buildings, not marked for the benefit of the Mortgagees; the further condition of the said obligation is such, that if at any time default shall be made in the payment of interest or insurance premium as aforesaid, for the space of thirty days after any payment thereof shall fall due, or if a breach of any other of the foregoing conditions be c R$CorrCRAMM made by the said Mortgagor, his heirs, executors, Ardwrwy M Lm administrators or assigns, then and in such case, the said P.os.w?? r principal sum shall at the option of the said Mortgagees, OVCVry1al4 PA 17020 JL'N C1, ^OCS 15:03 715899409 Page 1 Jun 01 05 03:2Op Tara Dawn Hazen 71^5899909 P.1 refuse to keep up the aforesaid insurance, it shall be lawful for the said Mortgagees, their heirs, executors, administrators or assigns, to insure the said building in a sum sufficient to secure payment of the said principal debt, in case of fire, and shall recover the costs and expenses of such insurance in a suit upon this Mortgage. PROVIDED always, nevertheless, that if the said Mortgagor, his heirs, executors, administrators or assigns, does and shall well and truly pay, or cause to be paid, unto the said Mortgagees, their heirs executors, administrators or assigns, the said principal sum of $125,000.00 Dollars, lawful money, aforesaid, on the day and time hereinbefore mentioned and appointed for payment of the same, together with interest and costs and charges of insurance, as aforesaid, and without any deduction, defalcation or abatement to be made on anything for or in respect of any taxes, charges or assessments whatsoever, then and from thenceforth, as well this present Indenture and the estate hereby granted, as the said recited obligation, shall chase, determine and become void, anything hereinbefore contained to the contrary thereof in anywise notwithstanding. And Provided, also, that it shall and may be lawful for the said Mortgagees, their heirs, executors, administrators or assigns, when and as soon as the said principal sum shall, in any event, become due and payable, as aforesaid, an Action of Mortgage foreclosure may be properly commenced upon this Indenture of Mortgage, and proceed thereon to judgment and execution for the recovery of said principal sum and all interest due thereon, and the costs and expenses of insurance, as aforesaid, together with an attorney's commission of lot per cent on said principal sum, besides cost of suit, without stay of or exemption from execution or other process, with a full release of errors; any law, rule of court, or usage to the contrary notwithstanding. rotr +arw ae 1a. s. •wt.e sr. O. Omwr ISf xra? PA 17000 7175899909 Page 1 JUN 0',2005 15:05 7175895909 P•1 Jun 01 OS 03:22p Tara Dawn Hazen IN WITNESS WHEREOF, the said parties of the first part have to these presents set their hands and seals the day and year first above written. Signed, Sealed And Delivered In Th Bence Of i I hereby certify that Mortgagees herein is (SEAL) Michael Dub&ich (SEAL) the precise address of the as follows : /? • t] / y It for Mortga. COMMONWEALTH OF PENNSYLVANIA) )SS COUNTY OF PERRY ) On this, the jg44 day of December, 2001, before me the undersigned officer, personally appeared Michael Dubaich known to me to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. n R. 9Cdrr cp-mis Amrny m lw 5 S. WA w 5t. P.O. 0r I," PA 17020 My commission expires: fE07AfiL;L gc? NyGoncressiantrjiJQ ia;TytD,2C05 7175899909 Page 1 JUN 01,2005 15:59 LISTING CONTRACT EXCLUSIVE RIGHT TO SELL REAL PROPERTY EXHIBIT BROKER (Company) LICENSEE(S) SELLER 1. PROPERTY Address_ Municipality (city, born County INC. a LISTED PRICES township) School District / Zoning and Present Use C Identification Number (For example, tax identification number; parcel number; deed book, page, recording date)____ 2. STARTING & ENDING DATES OF LISTING CONTRACT (also called "Term") A. No Association of REALTORS® has set or recommended the term of this contract. By law, the length or term of a listing contract may not exceed one year. Broker and Seller have disc sed and agreed upon the length or term of this contract. 13. Starting Date: This Contract starts when signed by Brok and eller, unless otherwise stated here: C. Ending Date: This Contract ends on 3. PURPOSE OF THIS CONTRACT Seller is hiring Broker to market Property and to find a buyer. Seller will refer all offers and inquiries to Broker. Seller allows Broker to use print and/or electronic advertising, including interior and exterior photographs. Broker is acting as Seller Agent, as described in the Consumer Notice. 4. BROKER'S FEE No Association of REALTORS" has set or recommended the Broker's Fee. Broker and Seller have negotiated the fep that Seller will pay Broker. The Broker's Fee is of/from the Sale Price plus a Transaction fee of /..)" to be paid by the seller. 5. COOPERATION WITH OTHER BROKERS Licensee has explained Broker's company policies about cooperating with other brokers. Broker and Seller agree that Broker will pay from Broker's Fee a fee to another broker who procures the buyer, is a member of a Multiple Listing Service, and who: A. represents the Seller (SUBAGENT). 7 ? No U' Yes If Yes, amount: of/from the sale price. B. represents a buyer (BUYER'S AGENT). A Buyer's Agent, even if compensated by Broker or Seller, will represent the interests of the buyer. ? No lp!Yes If Yes, amount: of/from the sale price. C. does not represent either the Seller or a buyer (TRANSACTION LICENSEE). ? No Yes If Yes, amount: 3 7? of/from the sale price. fi. PAYMENT OF BROKER'S FEE A. Seller will pay Broker's Fee if Property, or any ownership interest in it, is sold or exchanged during the term of this Contract by Broker, Broker's agents, Seller, or by any other person or broker, at the listed price or any price acceptable to Seller. B. Seller will pay Broker's Fee if negotiations that are pending at the Ending Date of this Contract result in a sale. C. Seller will pay Broker's Fee after the Ending Date of this Contract IF: (1) A sale occurs within C- c, days of the Ending Date, AND (2) The buyer was shown or negotiated to buy the Property during the term of this contract. Seller will not owe Broker's Fee if the Property is listed under an "exclusive right to sell contract" with another broker at the time of the sale. 7, BROKER'S FEE IS SALE DOES NOT OCCUR A. Seller will pay Broker's Fee if a ready, willing, and able buyer is found by Broker or by anyone, including Seller. A willing hueer is one who will pay the listed price or more for the Property, or one who has submitted an offer accepted by Seller. B. If the Prcr(terty or any part of it is taken by any government for public use (Eminent Domain). Seller will pay Broker 22 of/from any money paid by the government. C. If a buyer signs an agreement of sale then refuses to buy the Property, or if a buyer is unable to buy it because of failing to do all the things yequired of the buyer in the agreement of sale, Seller will pay Broker: (1) - of/from buyer's deposit monies OR (2) the Broker's Fee in Paragraph 4, whichever is less. D. If Seller removes the Property from the market before the above mentioned "Ending Date", Seller agrees to pay Broker a Marketing Fee of ?` , i",-,% ;*IE,,i- g. DUAL AGENCY Seller agrees that Broker may also represent the buyer(s) of the Property. Broker is a DUAL AGENT erty. when representing both Seller and the buyer in the sale of a proT Designated Agency: ! ? ? Not Applicable. Applicable. Broker may designate licensees to represent the separate interests of Seller and the buyer. Licensee (identi- fied above) is the Designated Agent, who will act exclusively as the Seller Agent. If Property is introduced to the buyer by a licensee in the Company who is not representing the buyer, then that licensee is authorized to work on behalf of Seller. If Licensee is also the Buyer Agent, then Licensee is a DUAL AGENT. 9. BROKER'S SERVICE TO BUYER Seller understands that Broker may provide services to a buyer for which Broker may charge the buyer a Transaction Fee of up to $250.00. Such services may include, but are not limited to, deed/document preparation, ordering certifications required for closing; financial services; title transfer and preparation services; ordering insurance, con- struction. repair, or inspection services. Broker will disclose to Seller if additional fees are to be paid to Broker by buyer. 10. OTHER PROPERTIES Seller agrees that Broker may list other properties for sale and that Broker may show other prop- erties to prospective buyers. II. CONFLICT OF INTEREST A conflict of interest is when Broker or Licensee has a financial or personal interest where Broker or Licensee cannot put Seller's interests before any other. If Broker, or any of Broker's salespeople, has a conflict of interest. Broker will notify Seller in a timely manner. Seller Initials __i_ Page 1 of 3 Broker/Licensee Initials 12. SETTLEMENT &POSSESSION A. Preferred Settlement Date: _ V'3 K 0 B. Seller will give possession of the Property to Buyer at settlement or on zt- C. (1) If the Property, or any part of it, is rented, Seller will eve any leases to Broker before signing this Contract. (2) If any leases are oral, Seller will provide a written summary of the terms, including amount of rent, ending date, and Tenant's responsibilities. (3) Seller will not enter into or renew any lease during the term of this Contract except as follows: 13. TITLE A. At settlement, Seller will give full rights of ownership (fee simple) to a buyer except as follows: (1) Mineral Rights Agreements (2) Other ---- B. Seller has: ? Yes ? No Mortgage with Address Phone Acct. # ` Amount of balance $ ? Yes ? No Equity loan with - - Address _ Phone Acct. # Amount of balance $ ? Yes ? No Seller authorizes Broker to receive mortgage payoff and/or equity loan payoff information from the lender. ? Yes ? No Past Due Taxes Amount owed $ ?_- _-- ? Yes ? No Judgments Amount $ Type - --?- ? Yes ? No Municipal Assessments Amount $ ? Yes ? No Other - Amount $ C. If Seller, at any time on or since January 1, 1998, has been obligated to pay support under an order that is on record in any Pennsylvania county, list the county and the Domestic Relations Number or Docket Number: l4, MULTIPLE LISTING SERVICE (MLS) (Complete if Broker is a member of an MLS) [ V Broker will use a Multiple Listing Service to advertise the Property to other real estate salespersons, who can tell their clients and customers about it. Seller agrees that the MLS, the Broker, and the Licensee are not responsible for mistakes in the MIS description of the Property. ? Broker will not use a Multiple Listing Service to advertise the Property to other real estate salespersons. 15. PUBLICATION OF SALE PRICE A. Seller is aware that newspapers may publish the final sale price after settlement. B. Seller will allow publishing of the sale price after Seller accepts an Agreement of Sale. ? Yes 12P No 16. SIGNS & KEYS Seller allows (where permitted): 0 Yes ? No Sale Sign ? Yes ? No Sold Sign ? Yes ? No Key in Office Yes ? No Lock Box ? Yes ? No 17. ITEMS INCLUDED IN THE PRICE OF THE PROPERTY A. Included in the sale and purchase price are all existing items permanently installed in the Property, free of liens, including plumbing; healing: lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment: garage door openers and transmitters; television antennas; shrubbery, plantings, and unpotted trees: any remaining heating and cooking fuels stored on the Property at the time of settlement; wall to wall carpeting; window covering hardware, shades, and Minds; built-in air conditioners; built-in appliances, and the range/oven. Also included: ?. B. ? See attached sheet for additional items included in the sale. 18. ITEMS NOT INCLUDED IN THE PRICE OF THE PROPERTY The following items are not included in the purchase and price of the Property: A. - - --- - ----- , - B. Items rented by the Seller C. ? See attached sheet for additional items not included in the sale. 19. SELLER WILL REVEAL DEFECTS & ENVIRONMENTAL HAZARDS A. Seller (including Sellers exempt from the Real Estate Seller's Disclosure Act) will disclose all known material defects and/or environmental hazards on a separate disclosure statement. A material defect is a problem or condition that: (1) is a possible danger to those living on the Property, or (2) has a significant, adverse effect on the value of the Property. B. If Seller fails to tell of known material defects and/or environmental hazards, (1) Seller will not hold Broker of Licensee responsible in ally way; l2) Sellcr will protect BrokerTMTicensee-front any slums` lawsuits, and actions- iii result; - - (3) Seller will pay all of Broker's and Licensee's costs that result. This includes attorneys' fees and court-ordered pay- ments or settlements (money Broker or Licensee pays to end a lawsuit or claim). 20. IF PROPERTY WAS BUILT BEFORE 1978 The Residential Lead-Based Paint Hazard Reduction Act says that any Seller of property built before 1978 must give the buyer an EPA pamphlet titled Protect Your Family From Lead in Your Home. The Seller also must tell the buyer and the Broker what the Seller knows about lead-based paint and lead-based paint hazards that are in or on the property being sold. Seller must tell the buyer how the Seller knows that lead-based paint and lead-based paint hazards are on the property, where the lead-based paint and lead-based paint hazards are, the condition of the painted surfaces. and any other information Seller knows about lead-based paint and lead-based paint hazards on the property. Any Seller of a pre-1978 structure must also give the buyer any records and reports that the Seller has or can get about lead-based paint or lead-based paint hazards in or around the property being sold, the common areas, or other dwellings in multi-family housing. According to the Act, a Seller must give a buyer 10 days (unless Seller and the buyer agree to a different period of time) from the time an Agreement of Sale is signed to have a "risk assessment" or inspection for possible lead-based paint hazards done on the property. Buyers may choose not to have the risk assessment or inspection for lead paint hazards done. If the buyer chooses not to have the assessment or inspection, the buyer must inform the Seller in writing of the choice. The Act does not require the Seller to inspect for lead paint hazards or to correct lead paint hazards on the property. The Act does not apply to housing built in 1978 or later, Seller Initials Page 2 of 3 Broker/Licensee initials __, 21. DEPOSIT MONEY 22. 23. 24 25. 26. 27. 28. 29. A. Broker, or any person Seller and the buyer name in the Agreement of Sale, Will keep all deposit monies paid by or for the buyer in an escrow account. If held by Broker, this escrow account will be held as required by real estate licensing laws and regulations. Seller agrees that the person keeping the deposit monies may wait to deposit any uncashed check that is received as deposit money until Seller has accepted an offer. B. If Seller joins Broker or Licensee in a lawsuit for the return of deposit mopies,•Seller will pay Broker's and Licensee's attorneys' fees and costs. RECOVERY FUND Pennsylvania has a Real Estate Recovery Fund (the Fund) to repay any person who has received a final court ruling (civil judgment) against a Pennsylvania real estate licensee because of fraud, misrepresentation, or deceit in a real estate transaction. The Fund repays persons who have not been able to collect the judgment after trying all lawful ways to do so. For complete details about the Fund, call (717) 783-3658, or (800) 822-2113 (within Pennsylvania) and (717) 783-4854 (outside Pennsylvania). TRANSFER OF THIS CONTRACT A. Broker will notify Seller immediately in writing if Broker transfers this Contract to another broiler when: (1) Broker stops doing busiress, OR , (2) Broker forms a new real estate business, OR (3) Broker joins his business with another. Seller agrees that Broker may transfer this Contract to another broker. Broker will notify Seller immediately in writing when a transfer occurs or Broker will lose the right to transfer this Contract. Seller will follow all requirements of this Contract with the new broker. B. Should Seller give or transfer the Property, or an ownership interest in it, to anyone during the term of this Contract, all owners will follow the requirements of this Contract. NOTICE TO PERSONS OFFERING TO SELL OR RENT HOUSING IN PENNSYLVANIA Federal and state laws make it illegal for a seller, a broker, or anyone to use RACE, COLOR, RELIGION or RELIGIOUS CREED, SEX, DISABI- LITY (physical or mental), FAMILIAL STATUS (children under 18 years of age), AGE (40 or older), NATIONAL ORIGIN, USE OR HANDLING/TRAINING OF SUPPORT OR GUIDE ANIMALS, or the FACT OF RELATIONSHIP OR ASSOCI- ATION TO AN INDIVIDUAL KNOWN TO HAVE A DISABILITY as reasons for refusing to sell, show, or rent properties, loan money, or set deposit amounts, or as reasons for any decision relating to the sale of property. NO OTHER CONTRACTS Seller will not enter into another listing agreement with another broker that begins before the Ending Date of this Contract. ADDITIONAL OFFERS ONCE SELLER ENTERS INTO AN AGREEMENT OF SALE, BROKER IS NOT REQUIRED TO PRESENT OTHER OFFERS. ENTIRE CONTRACT This Contract is the entire agreement between Broker and Seller. Any verbal or written agreements that were made before are not a part of this Contract. CHANGES TO THIS CONTRACT All changes to this contract must be in writing and signed by Broker and Seller. SPECIAL INSTRUCTIONS The Office of the Attorney General has not pre-approved any special conditions or additional terms added by any parties. Any special conditions or additional terms in, the Contract must comply with the Pennsylvania Plain Language Consumer Contract Act. ADDITIONAL INFORMATION (OPTIONAL) 30. TAXES, UTILITIES, & ASSOCIATION FEES A. At settlement, Seller will pay one-half of the total Real Estate Transfer Taxes, unless otherwise stated here: C. Real Estate Property Tax Assessment $ Wage/Income Tax Estimated Utilities (trash, water, sewer, electric, gas, oil etc.) Yearly Taxes $ Per Capita Tax D. Association Fees $ E. Other 31. BUYER FINANCING Seller will accept the following arrangements for buyer to pay for the Property: ? Cash ? Buyer will apply for a mortgage. Type(s) of mortgages acceptable to Seller are: ? Yes ? No Conventional ? Yes ? No FHA ? Yes ? No VA ? Yes ? No ? Seller's help to buyer (if any): Seller has read the Consumer Notice as adopted by the Stale Real Estate Commission at 49 Pa. Code §35.336. All Sellers must sign this Contract. NOTICE BEFORE SIGNIN(;: IF SELLIM HAS LEGAL QUESTIONS, SELLER IS ADVISED TO CON3QC1'-AN ATTORNEY. SELLER Name (print) _ Mailing Address Phone #s SELLER Name (print) _ Mailing Address Phone #s FAX # E-Mail BROKER (Company Name) REIM REALTY ASSOCIATES INC. ACCEPTED BY ( DATE Mailing Address 3425 Marke Street, Camp Hill, PA 17011 Phone #s _(7171761_6300 FAX # (717) 761-1455 E-Mail Include: FAX # E-Mail DATE SS# DATE SS# 1i?,) < -i '?) L Page 3 of 3 _lir, Associates )t Camp Hill - Outstanding Agents! Outstanding Results! Property Search Detailed Home Report MLS #10074785 Land go Key =ea!ure5 For More Information. Please Call (7 '7) 761-6300 or Toli Free (888) 761-6300 Each lot is 1.5 acres with 200' road frontage. Small stream runs through property. Both lots perked for inground systems. Subject to final subdivision approval. No mobiles. MLS#: 10074785 Price: $29,500 1.5 Acres Located in Millerstown, Approximate Monthly Payment The approximate monthly Principal 8 Interest payment for this property would be $194.81. f $TOP / / This payment is based on a 30-year loan at a fixed rate of B.OYo with a down payment of Rp 32.950. Actual lender interest rates and loan programs may vary. sUoRe ? V Use our Mortgage Payment Calculator to determine a more exact Paoc?o payment estimate. !T'S THE LAW Listed By Kirk Nace of Re/Max Realty Associates. E-mail: klnreinpa@aol.com Direct Dial: (717) 957-8136 View My Webpage View Tours of select homes I Open Houses I Meet Cur Real Estate jr- 01 EXHIBIT .. i s Community and School How Much Can I Afford? I Request a Relocation Package i >F ^.u:< z+a ir., Assauates I A Career in Real Estate with RE/MAX i Contact Us a G Page 1 nri ? . •-?-- - - - IIII, ? ? ..I:"' I it -aho nl CS. CO I:1. Dronorl , nrnnnrr,r ucn')PP \.I n n "" _'_ i _ - 0 _=-=-------? ------------ #7 Single Family BOOK Format Status ACT Sub-Type SF City MILLERSTOWN LP$ 149900 SO: CLD: FIN: MT: 32 SP$ +-------------------------------------------------------------------+ I RD 1 BOX 185 Area 008 MLS # 10074997 I I Mun TUSCARORA Dev Sch GREE I I Dir 322N MILLERSTOWN EX, L/TO SQ, L/TO RT 17 CROSS RIVER 6.5 MI I I PROP OHL I TotSgFt 3000 Source APPROXI* No Stories: 2.0 I I LotSz Acr 0.00 Lot SgFt I I StyleFARMHOU* EXtALUM ConstFRAME YrBlt+/- 0000 I I Bsmt CRAWL SPACE,C* Prk #Firepl 00 I +--------------------------------+----------------------------------+ I #Br 4 #Bth:F 1 H 0 #Rms 0 ITax Yr TBA Fee I Lvl-Bth:F H +----------------------------------+ I Lvl Apx.Sz Lvl Apx.Sz IApl RANGE,DISHWASHER,REFRIGERA* I I LR MBR IOthRm I I DR BR1 Meat FORCED AIR,OIL I I FR BR2 (Cool War I I DEN BR3 -IIntF I KIT BR4 _-- IWtSw PRIVATE SEWER,PRIVATE NAT* +------------------------tY--- +----------------- I HUGE FARMHOUSE ON 10+ ACRES SUBJECT TO FINAL SUBDIVISION, I BARN, OUTBUILDINGS AND SMALL STREAM ON PROPERTY. SOME I I INTERIOR RENOVATIONS COMPLETE, MANY OTHER COSMETIC ITEMS FOR I I YOU TO PERSONALIZE THE HOME. POSSESSION SUBJECT TO I NEGOTIATION. CALL KIRK FOR DETAILS #957-3064. I +-------------------------------------------------------------------+ I Sh CALL-'LISa -Ssh-CALZ-LISTS LBx -CPML I,O EP,L?17I SAC 3 BAC 3 OAC 0 TLC 3 LT ERS I I LA NACE,KIRK 717-957-3064 ILA OW ILA voicemail email KLNREinPA@aol,com I +---------------------------------------- EKVBNW bm PO Box 97. - Du centm PA 17a2o Phase 967$135 - Fax 967,V 2 Kirk L Noce, PresKWt December 14, 2001 Mr. & Mrs. Michael Dubaich, Please be advised that E.K Ventures Inc. intends to purchase the existing, house, barn, 10 acres and additional oatbzkbngss currently being purchased, as part of a 63+ acre parcel, by you from Mr. & Mrs. Bruce Boyer along PA Rte 17 west of Milletstoam. We intend to purchase this on or before December 14, 2002 if another satisfactory buyer has not been found before that time. Our purchase will net you $125,000 and we will execute a binding agreement of We upon the final subdivision approval which you shall complete in order to create the parcel described above. Sincerely, Kirk L. Nace EXHIBIT a J Q R/ten MKOWC. Kirk Naee Assoc. Broker CRB, CRS, C'SP, GRI Pbuee 7 i 7-9$7-j0p4 Fax 717-957-3012 direct Email KLNREINPA@aol.com DATE: (? I O' TO: hu, CVl dCc? t- FROM: K t rK/ / r 1r/Ll SGt SMUT: NOTES: LS FAX p: ! j q l l Wi t L bf / t,j, to uL4? ?{ t (you a EXHIBIT 0 a ut+?rbuslwoKi QS. i„ru 1t "KQjQ ex?vtyoro?p? '' ?l?t On December 13, 2002 Kirk Nace left the foilowinuy messages on my voicemail. "Hi ,Mike, Kirk Nace, got your message about sales price and tares on it, I don't vet know what the loan amount's gonna he so f don't know what to do there. ()n fortutwtely the lender hasn 't gotten that back to me but whatever it is, whatever is in excess of the monev going to Boyers, what my thinking was is you would gel a check for that amount, you would write me a check for that amount and if I were you I would do it out of like a business account, call it pasture rent or barn rent or some legitimate business e.rpcnse that ah, that you don't want to raise any red flags. Give me a ring 957- 3061, I'm gonna have some other settlements today so I'm gonna be in and out but I'll try your cell phone now. Thanks, bye bye. " " Hi Alike, Kirk Nace, Um whatever the excess proceeds are above 125 what my thinking is you'll get a check for that amount and if you just write me a check probably out of a business account for banr lease or pasture lease or whatever we want to call it. That way it is a legitimate business expense for you guys so you can in fact write that income off with an offsetting expense. 1 don't know what that amount's gonna be unfortunately the lender hasn't gotten the final numbers yet. I'll be in and out this morrung Pre got some other settlements. I'm at 9517-3064 and I'll see you guys at 1. Thanks, goodbye. " STANDARDAG=-MEN'rFgnTAWr1LEOFREALEPSTATE vs-?tt la;s(wmnumua[nd4dm.splmnul fd.l,unmtt44'nmlw era bg Nay dd¢1^aarleadRAUa.:._WItPALt?AI¢(pAH:. D si 10 14 is +5 17 to to 20 at u at 24 241 .d IT 13 79 it n Iy Ia 34 0v sit IT Is is 49 41 ry q 44 45 45 17 40 41 10 51 st So 54 14 m EXHIBIT sat aO RELATIONSHIP WITH PA LIC¢NSL'0 BROKER PHove FAX UROAER IS TIIBAGINTPORSELLEiI.OdgnmeJ Arent(.} fvrShcnr, 1(sppGmhla: OR nrak¢rCt VpT!F¢dazrl rur5e11-s aril Saran: QSGF.Yi'F?k CVt10 fl P:(A.V3ACTifyN IJC?NSCE BUYER'S B USM95 RELATIONSHIP MTH PA LICENSED DRDICLR 111101011 (Company) PHONE ADDRESS ISX BROILER ]S THE AGENT POR BUYER Dglgnvfed Agvvl(s) rcr. Duyc , !f apPllcabta: OR Broker Is NOT llmAgent for Buyer mud is dmu ?ADENTFORSELLEA QSWACI!ii•fFDR S[.LLEA [j TRANSACNONLIMNSEC hLm IkesameDrokerhggenl hr3e0ermd Agea4 furDuya ?DmkcrH o DualAgenLAllnfDmkor'sllcencmum nlfn RunL58enLS UNLDSS (hare uro sePnmle?wSgnvled A6enls for Ourerand S¢Iter.If lhesame LkensraiaduiCnondyarSdivand?nyoF LL1e Wrameu if a?ual Agent. 1 1. a ZPROPERTY(1-98}OWler hereby wgraw luuLL mW convoy to OUyagelhahamhy ¢greesiv pnmbusr. a A?LT9AR C2R7iI1N1pLarplecu ufyrounJ wRb bugdtngsmNtmpmrrncfls fhertnn ¢sxetedt 7funY Hnmm m: inebe-(pe CYIeT_ c.,,, ,.r f.Y In The C. mvxmwmilh or Idani fmlina (egn7os 117 U; Parod f L.t,Dtmk; Dead Doubt PugG RmoeJing DWa] 3. TERMS (A) Pm „f .Ued IliuYtO. +f evy -I Uv. Us. Ilams which V81 ba paid la SdterlY norori is to fivers I i. Cash at, check uilgn6g Utis ASnem<nk 5 / 2 Cases or chink wiIDln_ days oflhe meau0ao alibis Ag¢emeak S 3, S 4. Cash, ldn'soeenJfed cheeks, Banal statement S qL?' 9?r 707.116 Ira, 101 ?opwlts paid on asrnum oPpumlWRa pdee eo he geld 6y Hrokw far5dlar, unlus orhenisa .resit hest (c) seller'awd4fen or (D) Sodemcm to ben (L') Cansoynnm fmm b.wt 7 p 9 to n 13 1] W u is n is 19 23 14 ]4 ]e M m (F) Payment atones.!""- 11111 bedhWedaqu:Oly beta=DUyermaJSdteruslecs mkembesmled hm: to 0a al (0) At does otalItemenh Ilia fwtlowsag wPo beadjusled pm.mnan a doily badsfimwvn Buyerood Seiko, mielhOnias whemupplicublr, lax" ]e (sae tnfonoogan Rustralag Tbx Pmmlian];mats: hottest an mur18080 msampdans; eaudemiNmn Res 1134 hammwncr ossodatfon fra,lf aI any; want, w Wm server few. It thy, nSadtm with any other IkoaBla municipal s¢riwe.71a alarges dm to be Panned for dm wood(,) 14 rornad:Shcerl,ill pay up to and initialing the it= of seulemcnp Bayer will pay Air all daysfollmWaB seilfemenl, voles. ulhvnvbe slated A here, It d. FrXTURFS & PE/LSONAL PICOPERTY (1-DD) sO (A) INCLUDED is Ida sale and pmhase pits. use all ratifsing iramx pasalaw. dy kumiled n the Pre". free Id liens, pncludfnR Ptumhiug; 30 hs¢dng;flitafts Extant(IncluddnA fbm*li.n and celuws fans); nmw Renimnuyseevup paid and spa aguipmcal: gumg¢ door operates 40 and l mmllnes; Iele isimt Rnaplmr, shrubbery. PnudujiS Roil wpouad trans: any nmoining hcadne wool c.akfng fuels smrcJ an the m praprnrot Nesimeafteulused; wail to+vrdl eupuin,; winhsw rearing lmNware, slnJes and blicds;built-In wlrmndWnnus; built-in 40 appliencw; and des: magelme t Yalm mBmuWsR tout. Also includes: 44 44 (0) LEASED kemf (1101 owtml by SeOes): 45 40 (C) EXCLUDED Rxlmes mod gems: at 4s ? S. DATBSRAiB I56PTRR PSSENCE(1-w? 13 i (Al 'Me said dam r" eerdamrnr Sal all mbar discs and limes ndonwi on lour the pucnuaae,aof.vq a( dee a1411g01.ns of, his Agfemmnt 0. M .,read to ba of da usenee lit ibis Agmamora Mal ma hindisg. so (0) For the purposes of flits Agmerrear, mombeeofdoys sin be counlad from the dun of execudon,by .Icluding Ohm day Ibis Agraalpeat writ al executed wad heludlng nla Ian day of dm ohm period, y ICI Tale don afsrnlemmdielfOfcxemda/hyg0y dberpmviffoa n(thugsreanwm aoJ nay w;y he exnnded by mmusl wdlten op¢emml a( 51 the psnles, 69 (D) Cemtn dma poiodsan prrprbitM is rhisASrwnamnaevnven(sneesv cite OuyuavJ$elver.Anypn-pdmml tlfnepedosla ore negedebk 56 writ may 611[b;m8ed by adklnS am the pea.pdnld n:A Red lnssnina nslRercnldme pedal uceplohia mill panic. 91 / ? sO ?uycr BJltdf: i? AIO-2K Paka I erg Seuarln ,; 69 ', ® PennsyylVanta Assaadatlon of Calvin RrrE LY.1.VffdSSVL'L19 a.Y OFR&1L9Dtt5a91a3 . m.¢w RREALTT411SO 11r?,... OW2 ! nvyBnlsl: IfirY. L. rtf•P. ??? ?¢ ?? c 10 at e1 R AGB=,InGZVCY (4B2) . AiV®-LJa sale fsYOT1gent on mattgvge boating, e e 62 CEBD 9 In (A)"Tbb 5.1.(semdngmlapmr lluyer obmbeag mBvt1UBaaeci1 as rmlaw.: a 61 1. Ammrma[martittPlum5 f lU I __ a u 2. hiidmmm Tram ?n yearn a t9 47 3. Type of msango.e Lz. r rvl- - 4. rmasl6t rate 9fn howxver.ll yen ugmav In ..,I Ch. Interest rate m may be COMellied by t1wmm9goga lmde;natl. a T 60 aleted a mminMnn lNCm9l rate at $9. II L') S. Dli,..tpOlnla. kJd 4dnnna11N4 idUte.i(CI.:v'di WlJ L?bcrreeefh.,a by the r41deC der 1J.M'ws. 0(1a m.nguge fa,m (.ffleYlnff 6: in say mangos. ineaeaee pmmBuns" YA Buenas rne)nat lemccW 'A(a*a if a,l spedfwd).Elka rmadgosa lam. 11 71 Thaimere9l Nmand raesp.visfons rareirow by Buye'r' am saddiedifa mmug32.k.der4na1cm avallahiem Buyer lherigld to gaaeame on I'. tt krerut rvle eta below dlu bfoxfmum fNm:St Braat speeibedhersh ands tie patecomge feu ua urhelnve the amaml spedRad helalo, Sller 1: is gives Seder dm right at Sallee smhe Bell Card as pernwtail by ilia manage Imderand dppUmb:e laws, ;o CC4er.boc Bnmcidly, wnhmd 1: It promiaa.f mimbnesemenl, to the Buyerumlforthe ammgage leader m smdm the above teams matluble to Buyer. l rI 15 ication Ili) 1Yxhin_DAYS lladuysifiwi sperified)ofno'Sesmlua afrhisAeracetaii Buyer wild mdau.tempfaeeL wdgaamorsgug. app it in fm dm tn.ngoq<knos rpeei0a1 ubo6uma mspomible maaymga lsntlm. Tlm BNher far Buyxr, If any, albery1N 111eBNhl'f rJY Shcaq l9 r( T( mloadvid 1. mmuNNrd with lbe ma Vile lowlier Air ilia purposes of.139lg In the mocuuge faun proem, D la (C) 1. hmrtedge mmmlhmouLdide 1,71 ` Ira written cmmmillrmm)g our received bySelhr by doubler Jal4lluyer 16 !l and Seller oWee to Ballard Lite maft nIt rmnmlbnmsdma eN10 Bello 1erminaler 0ds Agreamant In wdling by..awm Buyer, 11 Upon reca/pt of a mnngega cmnmrmlm;Bayer Will promptly delivc I copy Of the mmmhmmt m ScRC& t! U 3. Seller but de.epdv. m lmslimle I" Ay/IZmmt In unfit.1, a0er 11, engageramrthream data If he mmlg.ga vemaduseme Ii a2 s, 12 wtvagd mla the dale c(seuleman;OR c w b. Is aodiJaad upon JseeWe and saidemvolorany other pmperyl DR c at c Cm Wm my dire curFdm mtapsi9ed io fioABaemmtlhut it lux xeitB.J mlVurmoovfJ la wdBng by des monylS?InlJar . N a0 within _ZDAYS die rk mndgogemmWbumlJute In pomgrv(ilt 6(C)p]. W [fi L 11thh,Agaeemeexisislmirelnl mepmidedinpmgNphs6(C)(1)oc(31.rrthavaniogulomisnalahdiscal all depend merles s9 at pall vnn®uuorpumhaaepdmwd0 nennaoedmeveryB.lerwBi herespvm131e Pormy pleadorm forstethoda'Gen rrmmmovrvllur al an fill. umtb,Cargo. rov.1Wlml ofsameif®y(ANQl]Amy peniuma feclkWinwmres,mklsuh+tdemeSneuroree under S. Wur- 61 e4 svaevviLh asteelm caverago, er<me deden An. Umyl MIMIC ally eppmbd Cres and charges pale in edrosre to the mmoyppleddet. IS ID (D) Hllm roanBognlvrldmrzquims lepafis to the Property, Buyer will, upm mecip;deflrcreeopyvfdse mmgvge fmduvs nqubemmxs in Saran go at Sellerwill,wdthlo 5 DAYS olrecefpl ufdw emnple kdlcrSsa(Jbemanu,"Billy Buyer wlatherSJlcrwl9 make de required rapoin at m mdenerleapaesa - 92 m 1, If Sager comes in oaks the retainedseyalm, Buyer will Jeapdle Preperly Bad agne lonw11P1G1SC Set fadtinpvmgnnph25 ofthis 93 94 AgrarmeaL 14 93 3. IISelkr ebmsrs mtm mu'ogw raqutaedeepalm,orlrSeoar falbsto respond nlHdn die Gmsgleco, Buyerwi0, tvllhiaS DAYS, IS uE adlfy 5ellcrlm wrlliagaxBUyer4 .holm la letmlmle JJsAgtcemW OR. meketMmauiad ayalnnBJyuLuperlex and witll3elier's 97 07 fatalities, vrWah win not be uemmmuldy wlJilalJ.lyde9erdenk59nyrrpeonrslartm MVA tit rdpwRd mPyr; Daycreray, whhlo W 94 _,$_ DAYS o(Selier's tied.), lemiaa!e Us Agreeatent. In wldah ewe an depostc mmJea paid an turned Groundless pdanevill! be go 99 - rtlumnlymmptly to Buyeread this Agraareut WBl be VOID. to wd (E) SellarrIsidst 149 Inl ? NOTAPPLCWSBLB 10l 102 APPIICABI.L+ SJIm,will pay: 102 I0 ? 5 ?yR S•O0 ,muxinum, toward Buyv'SCmm MpemJlledby am mmB,ge kodm lay W4 ? 144 1GS ITHAIVA,IPAPPLIWEV 107 Ir (E) It is erpscsly, agreed that nwwilhaUadlag my Other provisions oflhismnters Bayer wUl not be abBgareal to conjoint. he pamhusa vrdm tae tar Property d:scrihad heroin or to team any penally by Awfdbas rlmmeaoloney J.podm ar alharNlSe world, Bnyerhus been given, ieemaF IN Soo dsnce wi111 HUt1fPFiA oc VArtqutsmmts,tt W1111m aotammJ bylh¢Fatima[HaWng Cmmldswolit; Ye¢mro Adnintuadaa, etll DheU ma Idea fzdmuulmt flnda.ullkg forth 010 appraised Golan or Ile PNpeay arm( IMS lh4n5 (tar dollar amount to he 107 IIO finesrW&dasllmpake as YdurlNdisAC+^°rnfJ+Q BuWrwp11uw41mpivBege mJopJooafpaaYang wBh mrtiummatm oPeh?rm- tla 111 ball whhminegoN mlhe amosmErd llaappMsed vnteaaao.l6e appmhlal vdaadan uomisnd rata lkwminctile mvaymnm mm]pge lira 11i 11x DcpMlmmlafHanJag and UJtm Dndoprdemw911osera ilUD din sot wmmsllw valor sir Jle mudda. of ill (kapeny.IIuyurhoWJ DE ITS salhfy hhmdl/hendrrbnlrhe Erin mJ com5lirn ddmympeny oar derfptebdx 117 114 Waving States 1010 of 11111 11 US.C., Depmmev of Housing and Udas DevekpmeM and T'4-0cai Housing Admioishadan 114 Its TransaaioN,pmvido,'?Yhaver rordx pmpml o(.,.(n0ouneieg Many wayss"aa cersmh 1)BwmrA maUn.jusimmms avow, m Ili digital any xal.rowl, knowing tla sumtt be febe...dldl he lfnedander lithe title or lmpdmnerdna mom double years, or built!- III 117 (O) US.D.pudromtof Hood.gand Uthnn Devedopm nt(HUD)NDT(CB'ID PURCD,7SBI15:Onyer'aAekmnbdgammt 117 tla ? Buyer hum received Jos HUD Nmke"FerYouePmieelhvl: fiats Nome lmpvaim"(xa NuJm Bed lnfartpdim onPrapeny Comlidon Ile 1'la Iosplmb,o}BUyar amlcowldsrhe hrgwfoneo afg.atog mliodeprMuu hnlxlmpecdenanJ xmdmugm about dJsha(omsltnlog lLm tar 1'e Aglvarmrd. JIM 131 UuycrS hdli.ls Om. 121 11y (H) Cerunmrfon We the umkmfgned,Sellel(s)Cad Buyer(s)party in Oil,attenuation each ccnify lhm the lame or thk construct rarpesrbma an m In elm mdse beat ofaarxmwrcdge and belief, mid Jet( my.thvailrr>nraa Catered bra byany arch. wtes)Ammxlios whl, Cab 1..- 127 4a4 tined onoeked mrhlsAgracmenr. lie ad 7. INSPIEMIONS (1-02) I's 126 (A) Seller agrees to permit homifams by amfiodssnappmmem, rapawhlc cenikm, IMUM1`3 reprmmtulvw, Neveyon. rmwrcipld.M.W.aoJfor 124 111 134eras may be mieW by thervempga lender, irany, aciusudagagmlcln. baler Author agrees in proadE myw1on Impecdom mqulmd by in rn virpmYldad forin the tome otdds Aglrm>wu. Bayerha9 dm diggilb alteed.11 lalpuctaes. 124 IN (B) Buyerrerew"the rielxia make a pro-gcdemmr will--rhmlgh Mspen(anoP4hePmrearly. Baynes dghtlosrtJSC III$ hismakt, isud unbend ma 173 by my mha pdsuro of APa+svux. Goo Ill (C) Selkrw)Il klveheeing and dl uWides(including lbelp)] an far the fropecidos. Dl '02 (Dl All bupsmm,incfudiag hams limitations. em andwheed by Everitt provide a cosy army mpoetsto&nkur for Buyee 132 DS A PROPgnTY INSPMMON CON'11NGENCY(i-02) 131 131 00wgmrfslam ofWis Agmcmemmny provide Barbuoredros vwacvenincdlaa that On, net watna.raBeml by Buyer's a(ecdn I. fit I'M d WAIVED. Buyer undelgionde Out Buyer im The option to MW%i inspections of ilia Property (see Property Correction t4adval end 117 ?4 EuIrsternew.I N.dces). 11JI ( WAIVES THIS DIMON ane"jimet m ilia RELEASE of (bah In poragNph 35 of Jill, Am.•mora. 137 In (7 BLB7= tar ISO (A) IVNbim__DAYS 175 days ir.m speeIDng or Ole allocation BE On, Agracmnm,Bader, sl BUy,'I eepaualnay dame in have lease, US Ilia Oman =War mmincmkm complaint by gonloa.i a mhmrdx qualified professional, f4w Property INpecdan Nmlar and B.efronmrmal Ina den Nadia+)-This owiftemY doeinm apply an des falkwhng ee0tng madgmm amYabernc Nu I' 141 141 (B) Shedd Buyermem mhavaa harmlmpectlau oldw Property, aS daRnel inlit- Aumaylverdn flnmelmpreloa Luv,(see lnf.nuu)oll Regarding 142 NJ the ff.. fnsfpclim,Law) sosh home inspem. shall bepedarmeJ by a NB nmmbar1. Poll smmMg of. mtimal how Inspection Model- 1.13 14+ Ban, erhye(rnnnsupervhcd hya Mlnxmherafa nM(o3dhome(RSymliuaossoeimllaOln ncmNmxawhir ChaelhfnlslanJm mtcale Id4 deg Mm.Wuelar owdevesfJmtwmiutaa .M GV'-? d b 145 14" l uyerinlifia o ,US•3KItgLzd8 Sellerhdltab: tutu condlUm mFJx Prmprrry'aslukU ( Buyerunml mdiGadwids l o t dual. Mille the Bole ghee far cua[pleWglnspecdom Accept due Pmpety with dm tali mmdoasllied In Oam(an(s) 147 146 149 Ito 151 162 In 154 155 196 1•aT 153 163 1m 1f7 In Ila 10 146 (at its in in VI in 171 174 116 Ile 177 171 179 lam Ili in in lot 105 1afi Up to Jim ltd IN in 193 In Im 195 107 eta lab int an in 20 2Iw 70.5 Us is in u9 lid 211 212 Zls eta 210 ZIA 211 213 Z19 no all in a1 an Y45 vi 227 220 us x110 al 232 233 141 149 149 2 Tvrvduomlhl9Agrcmmnl In wridngM1ynwlaaS[ifer, in whhlreun nlJe(1arN manfcspdda¢acrounrufporrhnsepdrewill6eremmcd 1y, pmmpdy an lluycrmml IlJ.Agreemen4aa be VOID, DR 151 3. ElmetOUa v mumnlY ecseplublaWMANI ogaanea Wide Selktpmviding formry retain uimpmxenrcr,tarn dmPrepeny andawry credit 151 to Bayeral sanclumal, as may be aarpmhh;m the mm[gost Idil Irmo. IU Should eRans in wech a mumully acceptable tgnenummfail, Buyerumiadoase 1. aaolaaa:ha(.v[yarlemrinmvr/urAEnrmum white 114 Ike Limn given for ucamd Lhrg iwpecoovs and o¢Ilding 0 IM prariatmu in pwugnpb 3(C)(Opdan l) 1 unit 2. Hs ? Option7_SWih[ the time given fareampledog Inspection: 156 I. Aaeept the Pmluny Midi ilia infurmadan lulled in du MW(n)md agmem the RELEASE al fanh to Pvegopb 25 of this Agscemtil, 161 UrtLass dot ram cost to ee,lacl Ilia Comgdoms mambned in the rrjoars) is in. deo i . IN 2. IF hie Bad cast in corns( dm solWldans cantailad In the r pml(s3 EXCEEDS ilia amamnt igalfiel in panamph SIC) (Option 211. 151 Boyer n91 deliver Umsmpnrl(a) to Mar MilWa tiro time given for laspectan. Ito a. Sella will, within 7 AYSbFacdv(agihe te(nhn(s),lnfarm BUycrln welting oFSe2aS e5am to im (1) blain uprh3 b[fare Rleacn'Cmin dirt Be mamlldee cam, M ]i[[mld(riMS Cmmlaed to the[tpOn(5) i5 iesi (ham oreQYN to 142 the amount spcclRW in paragraph 3 (C) (Ogden 211. In (2) C'ralit Buyer at settlement fur the dllferace hutwcan Ill.ctdmoud aaY arrepsi+u,g be candidates canl@otd in the mdan(s) 111 amt ire anownspeaifled b pamgnpls q (C)(Ophimz?) 1.71,-v aplinnuuc lw eeccpukla m lea mongegaleadrr, ir4q. Its (3) Na Win rrpavs and rolatesfA Bulastsmleamt[a any m;u btepok amlll(mns cvntamdia Ym mpoltfsl. 166 b. I1Scllcaamn0 it.rep.boorzredit DuyarN seaeena/wspecified in pamurupb 3(C)(CFO.. 2) 3- Boyerwill ue,pt ale IV Pmpary Mel omm la doe ItIIFANEseIlarth inpaupmph3af IhisAgmemsn4 tai a E8ellerahcase, ea to rropi remake end net to vadillluyer It Settlement, or lf5dler falls to theme any apllro lsllMn ilia lime 1m gNen, eayuwlll, wishio5,DAYS: 370 (1) Accept dm Napery with the larnrma am acted to Qa repeals) and Igma to IW RELEASE let faith in pamgnph 2i ordain 171 Aspirator, Olt 172 (2) 7axmWmMlsAg+mnaaTn Wddugbq aork¢IO3e1mG(n wtie8 cuenll depesllmaidapuMm¢avatafpamh:u:pda will 177 >w rthumeJ pampUP to Buyer eoJ d11s AgrammlrviU b¢ VqO, 174 9. WOODT?MEMTICNINSPYLT)ONCONTINGENCY(1-021 Us ? WAIVED, Uayavndcmm:dvUra Bu)•echadrc a?dmm l¢el(nGa got the Napery belapmltel forwead lnWndanbya eGll?ad Put Central 119 Dpmna BUYER tYA1VPSTHIS OI'170Nwd moles to rhvREI.PASB ulfwhinpangmph ^3 ofrbis Agreement. D1 ? ELECTED Ile (A) Vlt[dR-DAYS (15 days lima [pecilW)efdheeacmttoa ofddsAgmenanLBUM a Buyer's e1pa21e, Will "in a wr(llen^Waad- 179 Duuay(ng Wet ldenotiatInspadan Rrpmr('fmm aanifed Pat Callum Drummer awl will Jalver flood all suppordng dominumhs and lam dmwingsprov7JdbYdroPeatCammtDpemtaroSelkr.7bo4ryml ulobernude soUsfucmrynmdincampliaorew(tb upp6enNv krvs, ma[- 131 Sege le¢das, mdfa PederA lec a(og ad Quwotedng.Ageary mqutaaeatr, U not. The sur-dmr %4a Include ON iemiily visible and ilia oamss3l¢ em" of all sawnumes an Re Tympany except the folluadng maintenance, wiurhwul who klpected: 10 1&I (B) If The buipurfon mamba erideltcenfineda hdamdoo(9), ScHerqua+s,0 Setiar's experm and befele s4Ueracal, I. ucn for mdye lnfGa- IN Haa(s), in acmmsece. whh appheabia idea. 164 (C) Ifdle heprcdon revvnliAmig,AMacdre lldGtada(s)aproviada inksladaa(s). Buyer, atEcyce'f copenw, hm lbeaplon loobmin a wt4- 101 lea Impart by a pmfealanal antrahw.hamelespeeUonrarvlen,or[wemml en3inra dealt limited in sWcmmldamaga ho"Propery maid W9 hywmd.Jeumysng mguisms end apolitical to eeptklhe 6miame. Buyerwll delivc4ke, shuemn)dana3nvsgwl awl mnut(rnpmpoml to tat Sellarwiddn 7 DAYS of [klivrrlaglheadgird inlpmUm Import- its (13) Vlabin_S_DAYS afaafvmgdla shamrrl dimlagempartumil mnrNrepeopovaL Segtrwifl.MesBuycoluane SeilerwW mpok, at 101 Sc(lerl upensc adlrteazelJemml, mry stmaounl dumaga lam aaire arprevfmmlvfumda(s). to 611 IlSelcdaovs rampe(rsm,ctu:d,Wmaga[evr [rd by dna(carMjmpcate m:pt Poe P,aPartyasmpdnJaoJegrrn to Wa REl.i•ASL' to [G forth In pengnph S of ibis Aidaeme¢L 191 Ql 7f3sllualeoaesrwmmpuhsin;tuml danmga mvealel by ltmmpnn oe raiklo calmed within Um Uvmghuy BUya. widdn?I DAYS, 146 wlll nadfy S[Ia N wdMS of Elryedx chmia lo; lop 1. Accept ilia Property wi"m detects revealed by the lmprctinn,WhMe-bairmant ofprica, awl now m the REEASE srtfonlllnpma- 157 piph 3 aruNi Agreamear.OR 126 2. Mahe JterepaksheRrcuNwGS4 ffrtqukcd by Ynaxngoge landG,(fsay, at Dommelexparna mad hh Sellefsprmdssloa, which WEI lot not be unmo9onably widlit[d, In Which we Buyeloat(us 0m Pmpary and opens to hh¢ RELEASE cat "in paeagnph25 or this "a ASttrmem.If3Gkr timid Bayer pm011sitr la nrSa lie Maim, Gaper may,within DAYS arsteEmes Bahl, lerrdaaly this 211 Agreement in larking, in which cue all deparit modan paid art accaum orpu these price will be teemed promptly to Huy" and ibis an Agreement will be VOID, Ott 2D3 3. Terminate this Agreement, in which a. all depa;lt modus paid an aaOmnt of purchase On will hu mtumed pmmpdy m Buyer and oil able Auramnenl witl be VOID, flan Ip. uEsBBEwr1A3LFAIbBASED PAINT HAZARn REDUCf1DNACr NOTICE REQUIRED FOR PROPEnrIES too BUILT BEFORE 1973(1-02) t07 11 NOTAPPLICABLE Ito ? APPLICABLE zoo (A) Sallarioprammas Umt Sailer Ilia no lamrietgeanremtmg the presence, of teed-Lard paint muUar lad, tpuad total hwnnlr(n not about the 210 Fnapony, utdal deekol We.. 211 ? 9elterbaknewledsm oflhe pmmanflamFhud FAiM Leer lead-hand pains hounU N ardaa the Pmpery.(PeoWde it. heels far 211 detamitdng l6alkod-baud pulnlnaYalvh2rsds Wn,dm lmpl(al(n), Ihv condition aflhepmiwcJ gur(oxrt, and ¢theravalfah[a fnfmrmd- 242 don concealing Solkes lnowtadgenfthe prone..0wi.bacd panlnavor leud-hmedpilot huv:tds) 241 Its (D) Dmords7Bvporh: Sella ha tea rcpmtl or 4naNb prmhda3 m kad8med pats ond+or IeoJ.bmud pool ImasJs 1n rY ohmic Jm Pwpary, 2t4 vaesc cheated hrUm oil ? SGlarbaspmvlded Buyer wigs all px-allatdeacalk and repans perceiving to kml-hood puinnodker leniburd pa(nl hoards in orobaul 210 Iboppula ty ultioameals) IN Up (G) Buyar'a AJnmrtadgumentl3oya has xalvedthe pmnpollG Pomace law FmuIa,inn Gaudin lour}/ememulba mad ilia lsrd Warning 221 Smlement ronml[wdk Wa Agwe¢wu(ieo Envhmnleam Nmi<G). Huyeclmmviewed Seiler?dittlmrore of );norm lead-lased paint e4aVor YR - ImdbGad pdm l,nnnb,a Wmasrd ln¢n,gmpls lB(A)6wiliu reralrrd 4harsmrdsawl mpwu Penaidnglo lrtd-bored pilot anJlar(ead- 2A lead pofaM.wds lJaraw lei twagriph )Bill).. 224 Payer's NBlalr Dole 224 NI IUSIrASSPS46IENTANSPECI7I0Ne Un7eraekraWkdgezlbasbe(ice BryahobliyvolmbuyemhkruhldNalEegbalrbeTore 1713. BuYU no has 10 DAYS me conduct -s{sl asrwmnrtarbwpalian tide Propasy fords, pcesGhm orkad-bash paint uxPorkvFhezedpnmllumeds. n ? WAIVED. Buyu urtdussmdt DUt btryalwsthartgplmmaddG ari[ku.e.,n„mt arlnspadm arll[e Progeny gJemrmine lAepesaren of 2m Iaa1LUN print anJ/a lea-0¢rA piosinxmds. BUYER 1YAIVE9 THIS RIGHT and agnmn an the RELEASE gel fads in paragraph 2s or 1 2M this Agmrmem. 220 (3 Sam all 1. Buyer, at Buyu's espmse, rbaaes to nhninndrk¢uatxmeM end+af inspalinn ofdp Pmpeny f0rleubbmdpoint and'ar [cadSmed D'2 piinllr.VVyypFFels. The risk auusmcm and/orimpecdan vAlbecampWnd wEthln 10 UAYSord: eared. ofld A?gree? I. ^? l l l b g!{ q all A5-lfi Paga3ntB $d erln + u : ?Y Uu/cr lNlmk: art nA .L at D6 x17 zta 217 xia zu xaz 2ll z{i al9 No 242 Z45 119 no 2.51 N2 253 154 M 236 257 239 M 2m 251 z# xn a4 ml IN I% rat x09 Da x11 xn an n4 no On, Zia no no am rot 2m in an 266 20 an leg ago as 961 192 253 294 2Ga 2c0 20 260 294 261 an 3m Sat 791 30 ale an No an] 311) M 312 wa 314 315 MG aO 314 319 x26 in 9 Within the ((an, of 14,111 ahem(., ab2¢hdag the risk usa• m intrurdaa or the PrnpJn{y, for fead.Wcal paint undlor 215 Irnd.hased Paid hrtads, Buyer maydell,cr to Seller aivdll fdie sp Alk hamcdour candidate ailed N dm report and dealt no cmwctfon, aaacslcd by Emu.. alone with A=Y Of We dsk one Ito towns, nawflon =Pam IV 3, Se11ertmy,svilhin_7 DAYS.fouivingdte list ondrtpMfe7, mbadt a wsiuen cenetive propraul nn Buy",, The coavlin pmposd 211 will illChAkiml put134IMIrd m, Immune Of the mmedlodanemnpapy and a projected comF'elion dcn for eafm411'n meatuses.&Rer 239 will Provide mdiffaldna. from a dsk uoo 'or imfeetoc awlextrccdva tsnamaa bare Into sadstpeAdty campklnd an a bar= lha Zia pmjecmd woupfuloo dwe 211 4. Upaq mealving the raoxml•e pap¢sd, Buyer, wbAi. 1 DAYS, wN: 242 a Aaxpllteawrt live pmpmalswiue Ptepety(nwddeg. ardvp,uso d,a RELEASEn4fm61opcwgmph23 of WaAgamgtL OR NO L T.mdnem dds Agsew,cal In wddag, N which case all depnL menses paid an account of paNtua twice ldB be occurred proopily, N.; m Buyerand ddl Awermrnl will be VOID. U5 5. Slurwd Salter rail to whndt a wdUeJa coratdvvpmp¢sn(upid.Ill. lone set forth In paragmpli 10(0)3 of [his AgcmrenL Buller, 2w lviddn_ 5 DAYS. wn - 321 e. Ampsme Palwny in wddng. mdogreelo arc llELFASE tet6Asin lwr4gmph SaFUis ASP, mua,OR 249 b. Tetminale dds Agrrmmt in wddng, In which cool all deposit nears PAW Onoocauat of pauchan price will be =no paapdy 249 'n. Buyermnd Uds AgenveacwlU ba VCW. 25x 6. Buycr'afalureNnerrltaany aCD4Yea7 opdan9 Mlhfn Welhnt BadU3patllledln uUryuagnph wlU rutuUnlaa WA1VBR 4f al . ufu contingency andBular aewpu dta.ProprrtrwW Monustn the lLUMiSElet furth In paingmph2S of tilts Atafterapprit. au (E} Cutiftitan: BY afgning dada Agn%meat,Btrye,andSaNt(%nll}'dbaLCllaey afllcff lLlpeCllYe3MIRnrAn, Inlbe SaLL afibelrtnll42edgC. 233 IL STATUS OFR,3DON(i-02) 234 (A) Seller mpmeny thutgdambaa no lmuwledgamne,mmg uepmeuea vraWenro Nolan unlmechcdsd holaw. NS ? 1. Saller I. krawladgethd In Pmpmy wui resod as In dates.ly tro tneuads(eg„ebweud malapc alpha a•ak C10,2rd Will) US the minas atoll tau iodical:d WT= 231 DATE TYPEOFTF3p ..RESULTS(p4,,.6Ngferw.aiegl.vab) us 119 Na COPES OFALL AVABAB(E TEST REPORTS wW he degvesm on Buyer 5vldl ibis AgeenserL SELLER DOES NOTIYAR. III RAMMITffitTIMMETEODS OR RESULTS OPTFIE ESIS. ttT ? 2 Sellrrlresivawkdge that In PraVUty hmdacweal radon srdectidn memuas on plot dslr(1) rod by dv Wamd(s)(mltmted hetaw. 2n DATB RADONJIMUCDONMEOIOD 201 Zoe 296 (B) EADONPNSPECTIONCONTLYGENCY 201 ? WAIVED. Huyernndmwea61ha1Buymhoselmapdoabmgaestfioelpe pmpespbebuyeckd farsadvn byaemiBeYlvPamr(uo Endsoa- 260 plated Nairn Badoa}BUYER WANES TNIS OPTION and agree, to dta BBLEASEUS felt Npamgnpha S allude AgraemeM. III ?•EYCTEI. BUyer,dBuyerSeapglar, has lln apdan M(Ibbfa, fraIDHC,'lflyMlfn5pu1W.41wla1t[CJInflfle PlaPee{y,'Jnd wW deBYCrn Capy 21a ofue last Mint W SclfuwlWM_DAYS(15 Jaya It nwabledli eseudan afuhAgcmmt (S cEn kvn nenWt Nedres 211 Robud in ]. Udmwt epadmvca sNe'pm enmaf ldgnhelow D.02wo kogieref(4 pi cu aB ter),Buyerocrepts the Property, and puma in on In .:. -ItGLPASErdfan4ln )erogapR?afWaAJtannonl 214 2 if the Jest report mveds rte pmenca of sedan al or exceu(tngDLO!,varkbor 1e1rls(4 picocudetAhc:7, Buy,ndl, Waldn I DAYS xis efseaafptafuta ted mndw.- 21! O Opdnnl - -- In .e._AttePtdtnRvpeop in tvdtng and¢gcenblibAELEASByetfwdufn paagr4ph?S tfdilaA2perrx.a,OR - 211 eb. 76mliontallsiaAealNwddng,monad,ltem<dl@pssslemedmpddmaueuuefpslctgrepoieetvlEhartsumeapmmPdl loBUyae 27a - .and Yds Agaetvem wiD baVOm, OR . 2H . c •Submhowrilta, wvml(ve pmposdm9affeeTleconaulse pmpmd Wll Meludt has noise UvdW b,sbnnnne aflhe cesdDad ndll-• NI - gatirm wm[amY:Aavlsbn Corpayatgd,lac[udiagttlesla;tmdapmfeeaJdcnmpdtdoa dntafarmJrectlm mvrtJ2es. v2 (O lViddn 3 DAYS afnalving Inalsocav,papmal. Sellerwlli: 21`2 (a) Acre to On. terns of the e0lrerlivo proposal in wddng, in whirl roue Buyer ecr ja' the Properly and agrees to rte ens - RELEASE 3nthrith to fnmgmph 25 afdds AgsecmcnG OR 2M . lb) Hotel" to lap am NUe ea Oscdm pmpusuL tae (1). Should Bdlarnpeugm n Me lanes aruemmativeProo-od wif9ef4rfalty In Mratood ulthtn the Mono' wen. BUyerwlll, widdn 2pb1 _ I DAYS,dacllm-. - Zug - --(a) Amps the ?a" inwriffMand ogno to the RELPASEtet Potdt In pareareph+S of Bds Agnton4 OR 101 (b) Temiaem this AwwOrem to writiog, In wapitis eve oil depaeis morales told an aannnl of pu{chva pd a wO1 la summed IN .. prompdy ba Enter and Its Agseemaolwill be VOID. tat ? OPIlOa2 201 a. AmUt on Pnpany In willing cod agree m me RPLEISPmt faNch paragraph 25 or Id, AgrtemcoL OR ., zM b. Submits wdum,eomgirc proposal la Bdla.Tlle rnrnedra pmpmd rdD indwk, but au he Nmaud sA rte noun, ofumm?ified Mtl• tai g3aat wmpnvy;pmvhl¢ntforpaymeny tadtaing m+utr, m3apmjeeN couplsdal dale forcwrodr,a m.. Sdfarvdll pay a mac- am hwm oflfmwntd the Input drertwtBatan wtamru, which will Wcon deg by sehkmanb Ica CU lfueroJal m9 ofmmediadon end revert PJ(CBEDSWwvouvstpedfwl In paragraph ll(B)(OPlim 2)b, Seller tvlU, wldtln 292 _5? DAYS of eselPtnf tM emlNreJnedWlivgedify Buyn In aiding odSel)ar'schake to: us (e) Pay far(hntokenatotamedkoessindmuu,In Which case Sayer ntcepkthe Fracesly apdameea b die RELPASE all forth Zia 1. pwngaFh S ¢f dda Agtumcm, OR 3e9 (b) CoaWhula toward daeloal cost afremnQntfm nod Rtesu only lheawma apadGedioPan"e" I lift) (Option 2) 4, Oil (2I If Sellrrrltasec nor In pay facdte dMd cent af2euuNodan oat rtlmti, 4rifShcer fulls In elmme dlhurapdaR w11R1R the lima Ina Ilan, Buyer will, widd._5_DAYS, paltry ScBerin *owns of Bayees cunte, in: 303 (.) FAY drt diffesears Wt.. Se11es's raadtadkll N marediaric. and panels coal the vanual cost thrreM, in nldcb ace an Euyefa¢eprihe laxpedy and agrees lolke RELEASE ut forth OR 303 (b) Termloan Ihls Agremhen4 ie whkh me ell depasil mars p,iJ on aemua N pwelnu pdu will bas rcb,ord pmmpdy arts Ja Buywmd tblsAgremaa wiU be VOm. III 12. SFATUSOPWATER(1-02) act (A) SdiLrmp muilmdta FraodMisimudby. - a09 ? Publia Woer 414 g( Onarae Weser all ? Cammwlty li'aar 211 ? Nwe an ? 214 (BI WATER SMMCE INSPECTION CONPINGBNCY 315 ? WANED. Buyer ockwidedgrsthat Buyer has she contact in request an hapacdlan of the wean, xrvice ford, Psopasry. DUYERWAIYPS an THIS OPTION Ott ago m on affSASE ter iambi In possial 25 ofdl(sAgeemrns. alt ? ELECIED 310 I. Buyerhntda opilon, wigdn___OAyS(lS daysifndspedBed)atlhexraninstaf2hisApeontantlW al9uywhaxp:ote, to deliver 310 m SuOrtawdnen(mpecdcnmpadhynqudiSed,pmfadsvud walealastingmmpn¢y Nam qutlilyandhrqumalyaftJe\Tdefsarvlm ail 1p 211 { noroo-InJI.Ir A/S2KPogcl SollerlnlBahs jl_a_ 022 322 M 321 I Seucragrom blocna and provide room the a a Ibzbarflidlyk! wo5c ys<m,Uepp eoDlgmJelRYS eapomSR Cgwrcu ¢y me lgspon(m rnmpany, 9eflCtdm nlPn¢n brRtmCIFL Pepgty, nL erp¢uu, prior m xll(elrim - man )2A No ifdm aqn reYenh lint me wWtrr Acerl don not mccl, the mInl ondnd9 V(any appt6hlogm'emlRnwl nathally novarrdlm la 4[5 329 satisfy on tmclwmrow;rarquallty and'lr quantity lG by lite mmsgnge lender, if ony, ds Shcur will, widio_y_ DAYS of ns'rlpt of 320 311 - -'the Rpan, really Boyn[a Writing OrSellet's dmlm to: - 321 Std . o. Upgmdo me Wnwrsrniaom NamWmwu occepla61e1.:sz(s,2ml'weSenlemral4 in fihleh case RUyerarcapts llmprtprny andagrta )Tat 321 to more RE.EASEser fnnh In peratimil13' oidtis Alps a;OR .. ar9 Oil - - b +Nat upgrade me wotersmYlcc. ]3a 331 d. 1fS:lia chomp n¢l to upgrsde thnsemmlommimum erxdpmhte fpeiz,or(Idtt fo respondsr)Nfn dueWagivsn, 7luyer sv))1, wiJun all 312 5 DAYS.ddnr, 131 333 s Aampthe Pmpertynodth¢woinerrvrcaaad,i(mquimA Dydmm¢aopga i2mkr, Ifmy,mNa my COVelmnenml nul)wr3y, epgm+hv 333 s]1 .. .. Uxs W0lcrbry(ml,d'omsebtnmcntor wlUbt th¢Untesequied bylh0 malywg¢Icnsiar, Ifmy,omtarmy goruomcoml milhmily, of 331 335 .. ..'. Buyu'a expenstmdwbh Selhfa pennhsmn, which wlVaaltwmrrs3n)mhfyng)dmlU,andaitmila the RELEASE set fanh lnpnm- )33 434 •. ... .:'graph 29 of th4 AgRe,lxa[ B Seller defied Huyee p¢rm;ulavc m upgraJe hDe warm serv[ea, ?ayet 1my, wlWln_S_ DAYS.( III 937. SeguS dndd, wleioae thin Agmarews in writing, Ia veldet3 case all depwll smnia paid on usaun of pumhae Price will b. 337 410 .....mmmmi pmotptyb Bayword ids Agamua[win be VOID, OR. . ? ..- AI 2.tv - - h.:•:7Drmioaie tiisAgRCmeafn wdGrtg,M.whirh mmeog Jepod<madee pefd onoecoanl afpirrthueptke Will he rtlumed pm,opty l3T 340 WHOyamddlis Agserorcntwil(be VOID. 511 its 13., STATUS UPSUMP,(1-a2) ... ]Ii 102 . (A) Scher ilitaots ran ubPrapary is mimed by:. - :. .._ .... ', . '..,'.. ,:i '..., 111 )I4 tndvidud Omlol Sewage D'upoed Sysmm(See Sawd6ro Naica 1) i - - - - NA 345 ? Individual DMOL Scomptispowl Sysmmin Proximity Lowell(Sm Smvegc Nal(m 1; ale Swap NoViced, Uainflobte) 145 Us 'r[] COmmualy Sewq.Ditpmd Sygem.r':':- - i 310 an 1?:9bn-acrs Pcmdtlhtemption(Sm S.WVee Nodm3) ...., .- - all Sea . ., ?. )InldingTLdc(Sa¢SewOgaNoUe 31... -: - •.- :... ,,:.. ., ".-:' -. r,_-. •,,.:.' we 319 .: .. - ... .. ...-. .? Now (Sea Smamp Nodes 1) Ry 350 :.. ?,.NonaAvd)ADlrllsevmh 731dladom mEfhat(Sma Sewage Nvtlm S) "- .. -?- .... No us, ? 351 3H •:. "'.N) INMVMUALON-LOTSRIVAGEDISPOSALINSP9CL'ONCONI7NOEYL7 - .. . ,151 352 - :? AVAIVEO. Buyer nekdowkdgcs that Buyerbad»op)reamrequest mlrnl)vldudan•lusnvago dLTasd lnspmdanafdrc Fortuity. 3MR in 334 • - . 'WANTS THIS CPDONad names In die RELFASUntfonhin p¢mgmph23ofI1d,Agmorea.. - s44 ail ? •L'fECfEO-: ... .. .. )hs in 1. Suyarhe deOPdm,within- DAYS (1Sdogs IrworIrceiind)of Ilia eseNdon Or thh A9Remas amt a Duycls axpcmq b 316 352 dclirerloSAUnwdden hopeenonngwrt by allocated, prickWo Al iospeemrofdat htltvhhml one-lotdewagedfspomisyswnd LIT an 2 SclW, of Shca's expanse, anec,IfoMa Rquhedby the lmprslionempany.mlmoan,ptovldn seems lnmdemply llmindiv(dadan• 350 ins Id sewage dispael ayalem.Sel)c/Ism¢gastomto,edinlhopesry, a5elkes eapeAl4 pdarlosedemm[ ]53 312 3. N Inc Ryan raved, chew dint do na nual expansion ar mplacmem of rite edsdag wal disposul syueen, Seller will, within 35a lit _7 DAYS of cvardpt of dompom, aolify Huyeriapabtg arsotbe3 thoimb: 391 tit a CormctlM rkrcco heWR aawtAea, hwluding Neyl?aSeliePS espenx,in wAie14n3e Biryrrxcrytls tbo l''aPonY mJ ogmnb ]4E 30 dm RELEASE rut fall, W paragraph SSardih Agrecmml,OIL an ON b, Not anoint the dereets. 3W 312 d. IFScgercleac out locoecrithnd¢fco, or9rSella 6is b remained within the diva glnm, Suyerwill Wilhi3 i DAYH,ehhm 363 an a Aecepi the [hopelly and dw sy+lun mJ, Ifmquhed 17' We manage (ender, Ifmy, udfatay gavamtnm)d tuthadry, carter{ t1o :194 stn hfttobefnmxlVenmatawllhtn ma rims legalsW b/Wmang?,gakmtir, iftny,e,W/or any 5¢vcrororud omhodry, at VUyerS in ins win aspen and with SmIlas pmassim whid,WM oo[ W umMSmOhly, widdicld, and eVmum the RaLUME set font In pva• a5) xO gmph35ordds Apmmed tfSelkrJeokr&ryv pemduwn to catrat drc shfacm Huyu way, width 5-. DAYS arileiles'. 1% 373 Penal, lumdnnm this Agleemml In wdang. In which ease dl dapasb rides point no aecsum or pardome price Wilt he mimed ])0 371 pmuyully b HUyaand ibis Agm:mea will be VOID, OR 311 372 b. 9kmJnae tie Agmanent In Writing, in which we all deproll wads poid as aecnunl 01 pnnfma pdm Will be returned 312 373 pmmplly to Buyer end air pgrmmew wilt be VOID. SD 37e S I(tumpon mrmh thepad m¢xpoM mrcpioee drealatir,g lnd6hdudmo-leSSUWagedhpaml syRcln.Selkcm3y, w)Ih(n_15 DAYS all 372 Orreaitd drulampad,citinu a,usuctve propastl toDgmTha mmslinptaposd will Watch, butent he lsmihd lo, the wme Drum, Ala as rcmedlwloo comPaay; pReutaus fu poymeal, kemtlnZ Rtat9 ad a plojaasl etuaplafon data for Cohesive snmtumn. With l 310 2rr DAYS of3ecciving Seta's mlaclive Irate for Iran eormdse propomt B rvedved uWdn Ilia dive glen, Boyer With all 371 d Agreat to die mrm6atdiearreeivepcvpaallfany. In writing, InahtdtaasBuyer aaepetAepmpicayadegteembdm RELMISE Na 311 et loth In powil S ofmi,Agmmmaa4 OR n5 era h. Accept the Pm;wmy and dw sy9an and, if will by In mwgav fender, Irony. agurmy gmeercalrrnal outhaAy, carrell if,. 3311 311 defatt beram semauod andibla theme rcquiled by the montob'e lender, If nog nodfocAlY livrancia J nomadry, a?uyoes 111 Sea xk ap,maeoM w(m ffiIkr't petm[vsren, whirA wW nm ha mueooonaL)YWllhhefJ, anrfugnabnc? l7ELER5Esedfmhini:nm- Sgt 361 Until 25 afdds Agmuoa[ If Seiler denies IISyee pnotlsaaa b coma the dcfah, Bayer my, within _5 DAY9o11cVer's 043 not dmb1, mradrnte this Amamev in wAdng, In wtil rare dl skIn sir monies pold m umunt OF pumhase pdee will be Nomad! Y4 ins pivotally to Dyer .4 tilde Agmemeut w?1 De VON, OR all 353 a Tamlttae thitAgRe+aen In WAML to wh)eh a Oil depah monies paid on ettounlafPurchase price Will be tatumed primarily inn 361 1. Buyer ond M Agrteaeat adt he VON. 307 an 14, NCMCPS,A5.SM&nt &CEIrriFICATUOFOCCUPANCY(1-g2) 1114 arm (A) 5eHerrtpmunb, as ufSallef6 ecwutlon lrrthisAgnemes4 than lmpuhlie impror<meal,cundoMolorouhumeawneraseefw{tm ¢ssesmn6ulA o09 M INVebaco ride no= Um Pepary wWcls mm1113 uopnhl and that. mgceby any gnveinal. for public nutha(ry Ims bran served upon 390 331 Scdmrarunymo on Salltfe behalf, lnclwil mikes woda9 to vmhuiem plltming,floaLing, huiWmg, rarely Orr" odimua which Rmdn 191 302 uantmue0,.al that Smtlerkmas otnoemddnn llw4 weuWemstlmeY)olalaoormty welt a,dwocacs ahlehmmnies led. wdos an in rllmnyida mPIXiHCd lrm:. 311] 041 134 A5 (?) Scacr lmows viral oJerpaemid®lias(Inaw?nHVlolel(mo)uMasasmmd aro(t mfallavs: .iris 191 125 laT (CI fade event onymgma(IncAdlnB vloladoa)onA vs[ewmeuw rte3uaived o0vr ueatm Of lldsAgmementaM W¢mswtlevun49ellawgl 1N ago a iffy BuycrlnwddAg,wHNn_ 5 DAYS nfrtcdving dm tuliceor uaesatrcn4 mat Seicrwllli 394 394 1. C0mplyodN erURSand oocmten(sat Sdkta ?wPcnx,tn witch dose Alger 3nxpts Ina RnpmyanJngms so m, REIFA9H3d Lodi IWa Co fapcmgnph?S OflhisApamm40R 40 141 1 NaeomplYwigt Oadasand lueumcnw aSedaSexpw4 113 402 3. If Sellttehansermuoeomplywitt norira and um3mcnty, mlhlhWlflfn tie limeglveslno011fy HuyeeifSaRasvig mmpq,?uyu Apr 103 wilt notify Scilawidday IIAY3in W7)ImyUmr HUya rv511 ether. 4m IN 0. Comply wid,mdca slid avsrmmv a?aya'a eapeuemdapc bale RELEASEmdfoAsin prmamph2s aflhlsAgreemera,OR 4N 413 It. 1Atmlmle Ibis Apnemea,in whielsanseM depadlinertee paiam sccomaofprelaoe imica Will bet Rranwd promptlytoilwyc is Ara and this Allotment wilt be VOm. An Ill ItllfdU m nedfy Sellertvllbin the rime given, Thiprneaphs ma Properly, and ogan to TheRELL198saforth Inpom- 407 451 graph u orthis; Agrmment ,na +I W hash xrnyroapuhlic road wryrWahe foume ofo highway aapntmy penult lmmthv DopMmmt (Tana o gain. (D) Huycrlsndv ib 3M f / Z Z 410 Ouycr Wliuhr ,VS-3M hires off s,arinlllolst, 410 d R IAYL III 412 AD 414 A11 414 412 All 418 420 421 422 Jet As 475 430 427 420 429 411 41 Ass sin Jets 435 423 491 441 430 4•T0 447 442 443 441 4+,; III 4R Us 4•:9 421 451 4m AD 454 Ala Ate 4W lit 469 Ate 4111 Jet Am IN 4m Ica AV 461 401 Ill at A2 03 414 R4 476 477 01 All Ind Jul 411 4N 4?A 456 415 4m Ion 414 An 491 113 40 414 41.5 494 492 1 P,apdred by law, w(gdlt 15 DAYS of the cmn\Ifon.Nds Agsea Salarwlll odtrfar d:rTmym Buyu, ad mbefbm.2ldearnr A[esdfimaionfinm'be.Ppsapridenumicipal dclaameul adewWdilealfng notice army uncametaNklotMns of all Tmus- 412 412 Ing, Nildlog. ud2ry ochre ardlnn¢s,A4VDICR III 2 AeerdG[vmpewlidng vccuponcyp(m. PraMrtY•fa l4neveu mpobsfirapmvemnts6m rtqu(and(ormaissuwmeotdecerUfiaale, stiller 414 within I DAYS of Sego's =tps Order ngblmmnu, amlfy Bayard 'be mqubanu6b and whnha Seger will mallet mn will 413 , regdkcd mp2iNimpmvemc6u at Segal eapmua AU If Sell= choosem mutt the segnired mpdulimpmvmgnu, Buyeragses To accept the"only as np3lmdand alsw la the RLLEASBmt 417. forth in pm,roph 25 of dds Agreement If Seller domes ant to main dm mglml mpab%bopmaimme, gayer will. within L DAYS, 411, many Salk, InsvdMg or Buyer's dialco.in Montano this Ayse¢nlmsCRmohadicmpalr>tmplovemnu at Bayer's elpense end will, seller's Ali whirh will rot bet unseasonably withhold. USeflerdmkf Buyer pertnisdan in mdw due regalnd reptimerr BStgef Bells in Nipnnd is.. fan 420 , Arllhfd file Eaesiwn, Buy. may, wMda T DAYS, mrnhW4 VdsA4+aevr:nt in wrilioLln which ev=11 depmit mon(esfeld an ucctNrlt 421 of pludalt pia will ba returned pmmpely Iv Buyeranl W s AgmcmW will he VOID, 412 15. TyfLq SURVEYS&COSTS (1-02) 433 4A) Tie prape,ry k m he cw ycaIsm and der of all limos, a miabrunress ad easmrnls. FO(CE MN011OWEVP3l Tlm follmving; nlsdng III deed lariations, hLnodc preservadon nnuldlons arultnoaees5luBdingmwdaJam. vsdtaxa, oulacruofmals...recnu?.g(e upon •us thegmWed, cmemab afrrraA, privnagests"Fhmarpsawc service mmfanles.ifnny, aboV ice IliaUsk fn due obovada[dbal ml mslr)a 426 Will be load and mulaubla andsadl or will be insumll by n repatableTd. Tm=nce Cosepay at hamgulor mns. AZT (B) Boyce, will pay far to following: (1) Tide sends, lid. ummrce aWor me[hMfu flen InsuNnce, at fa for aa¢Batmn of same, It my: 42d (2) Flood l.rumaca. Ins insurance with extended mvevgd, mine sobatdeas, fmuNnce• or fee lot aacellclun of smna. If any-, ©) Apprdml .93 r.. and charger paid In dvaace to mangage lender, ifwy:(4)Buyer's rvsmmarysehbmenttosu and erwats. All (C) Any sunny or surveys wLkh must be ngubed by the'Bdu Insdate Compaq Or thombssm[ttog ancely An the papaNdon of was adegaule 411 (egaf d•sed(Afon ofdte, Property (or also, ws¢Jas JmaaD will he secured 6d paid gam by 34= Any survey orsarvrys desired by Buyer err du mgalmd by 0.andegage krderwill he seed and pelf for by boya.. rem (D) In the.,in tai.mobl- mgdve.gewd and onrkabbbdda and swab a wilt behnuad by areputabe TkTa Comp4oy sit the tegulu antes, es ala spad0el In pn.gmpk l NA,Buy. will hove One optip42E(1)Wahl 3uch6Oe as Sell.. glue withm Change m itm pumbare plon.r(2) bdnp ere Model all mnntnpaid by Buyer to sdlaan r4soumnfpumfiaiepece AndbeingTefmhuied by Sall. foravyouasbalanced by Boyatoranylmps BPS rims orwr1jauldcot ahidund aenrding tY(hetarmi of beAaacemat and for dime hemsspuffid in rymgmpk IS(BI knas(Il.(210) nd in in pwv4ecph 15(C). k which m mmmewit. beao fmlbarli-M-• aobligafwn no other Of me parties Lem ad dais ASSeem .mwiil become VOID. 439 16. ZCIMG CLASSIE]C,1TION(1-02) ,131 Fell= oftitle pgamua mmink The zoning eLvslfieddan(mmlsu essesswfima We psaltery load Audi paratl thereof Ifssbd;,i IW.1 Ismaed 44a lately or primarily to permit single-bully, dulablit will made ads Attainment voildia ode option or the Buyao and, Uwideal, any dcpmiu 441 tendered bydss, Buy. wilt I. smamd in he DayawNhmw any requiremnt tor count ad&M. 412 Zaning ClMM.ilani 413 ? ELECTED, V ills. IS DAYS of Wa aecmion of this AguemuW Buyer will verify than in valnfng ore of the Fupeny u 444 It parnlued. In 11ueven2Jh. ma6 not parmfued, Buycrwil, wltlms don 1172 445 given for verinngan, mtlfy Sailed. Writing Luadu WUinglace-dmePNpaty is onlpemdstndiarddds Aemamn[wlll be VOID, in wbfch 446 wave dleaa(t madaA paid an wrouar afpurcbulepdn rill be ssmossd prmq:dyn buy" Ruyer4 um. to suspend Wild We fun. ati glsin ill[] nsumu¢4VAivRn orildleasHagandyaaduB nlM1erlrnnr ufthl9Agrtunenl Nnml. In fullfierevund elfesL all 17. COALNOT1CR I 41st NOYAPPLICABLE 450 ? APPLICABLE All 'f3rllpOClAaXp MAYNRtSQl.CONVOYlrLW51Wr,¢4ddnBOnlatmm?'nflT1I8Tn'nGerlN.Thm Plmtl!¢P5WflOgi UN6PNIfA}i1Tm5dgpACgl?1Nn 152 pLSCnlOmaNI?IIICpNNm1mN,ANariln a'NtLglan¢WNOm OpaaeN Cd.44)NYINYB 137 Ltl1d9Jtm IImA1 NaMIDnlImVB Atl4dmlrAAl Alm Bet WTL4T[OMfiT4mr, nA6UagAlATPL'SILT la Tan NIPACnaPTm WNAh9 ANY lmarq paLa'Na pRRfHQt fIR44.mrpE EN Cn aI SVW lAN0. (Brie ASA naps it wtienh is Wemaonamavtded in Seamn l afthe AU Ofhdy 17,1957,PL9iLla"Buysrm?aWi.dga Abut hornynathe Wodlog me 452 dot o(pmmedmr ovina1 subeldeaammhing&elm enal Memg opmkeds.=4 dmt the prop.sry daunleJ bend. May bepmkcuol fmm dim0go 454 due to mine mbdderee byupriram c.nboctwlm d4. owners of the annoud.lnuesnI the aad.Tds u6sawkdgemem u magic fertile purpme 457 p(coMplyhsgw{m Wepmvitlom af5etlon 140(dm Binmda.ufATi9<Subdderme And lhelawltnsasesvwfonAdofapd127,1766."Buyerogmtr 449 Itself. mn doed Isom S.U. Which deed will aamda IheaBmmddpmvblml 41 19. POSSESSION [1-02) 464 (A) Possession Is an be delivered by died, keys end: 411 7. Fhyak4possession b vaenat Pmpeny B. ofdobdr,With all slmaoms brm-cher. at day" lion ofsetllement, MNIOR AV _ ,lssigmnem of existing Ive(s), mfpWer with any srs,udry depmib uuJ inleRS4 of dmv of IeN:menl. If Ihapuly u hard d Ise 40 axttvdan 2f tN4 Agreement m atins aJunviratpedRd belev. Ouycr Will arltmwkdgn alstu4g /essc(s) by lrJlkgne slJ fedm[sj el 404 Omeaf aeeuUap at Ihu Agrdaoenl. 465 (B) Seller will as cams llo any new I.. .Written extension of eatslfai iea.w, ir=y,orzMti ¢ttamf"tbm Pmpmy WiikuLdw W3ilta 496 eashaturBoya.. 457 'Ihb AgleenlentwiRlmt ha rttmJdin the Ofifn(orr6e RAma33hlp aiDerds,rrfn any wixr4dgm vrPkeeofpoblicmemJ ll. RECORDINO(3-85) 4!3 aid If Buyer comes or pamdAe this AgeeNent in be meld, SdItn U oy died to haat such act ns a hreach of 1J3A4men:ans. 461 20. ASSVCNhIL•Nf(3•e6)Thi.Aw:wad will be binding upon d.pader. lheesespeakkin. immandmpmarmutlrrs, lineal And NCCC]sats, 216 old to the men, usaigrahic• oo the uslgnsatilm padles hmwm. It being expressly undeeund, hawver, Wet Baldwin nesumsfer at aulgn dds 47T Agrnsant srilb.utrbe Writun Amoco[ of Seger. 412 It. DE'P067Tk RECOVFIII'G[1LyD (}.d2j 414 (A) ?cpasW paki by ?uymwidsen_If) DAYS ofU111manl will b< by ash. Casidcrs art llied 91WLDepasnp ngmditss n(ba fmm of 414 puynbmamldzlsewonddgnatmlmpayae, will hepsid'mI1S. DoBusm Dmkm arydrry lJsnUfiuli. puapophllg),wbn AWg reWn mom 415 M en e[mWVawnlmmlBao¢svmmvll6.,rmsmLSalTa.afddaAFaevxmbrcon(wsn[5y wimdl nppBaahkkwsevlregulatfens.A1\yunwbrd All dlskkndud m &POSIt males May beheld pond oil Ile msepmmeofOis affer. 4U (B) Upon wMammina CflhilAgmmud,9- 11M0:erMdi4g the driadl mmues will vekau the dryasil modes In CLANIImee with the maws ate All tally AxAtu ul \VJIIen.L'RaplengbelW'erJe Baytrurd Sell.. 459 (L) fa rile event of¢dlapuu overndtkmntm depnik mades,o bmkerlpNing the dcpmiA mulufs rdglrtJ by The Raks and ReLMl.skm o[ 4;10 duSlamRod amloC.lnm6svion(49 PL Code 435317) tomato me Maim in cAmacratil rho dGpult is noh,w). IndmeyeatntlItIona JAI' farthemmm ofJepositmc,dn a hmkrrwill d"otribula W¢7alu m WCdby u fed alvvlmun vrilu wril4mtAgndArenl otlbepwdtt. 462 Dnyerand Stiles cities, lhM,N We event.ny br.karaealn1had@ewslsimad In BBOllan lathe mtum afdepasil maak4 malumdys, 40.1 feel and costs of Webmkarts) and Henna (s) Witt he paid by dseporyjdniup them 444 (D) A Rest Pamir Re4.9ery Fed tabu m rebubuna any panmu wio lax oblamcd % find clyll judgmentagdnst u PenmylvW4 not mines U5 gcwnewi9gmfmd, misreplueMad.n,4vdeabbsn relaumlJWacllea nut wlwuovebrcn.mblelongem mafudgmentolkrWwwl• Uv lag all leg! 4.d egaiuufe mnbdies. Parcompble demN ubaW ant Fwd cv111717)783.365g, err (Rdg7?32113 (wihin Peanryhaok)ad d!7 (717) 7a34RS4 (cookie Pennsylvania). Ale 22. CONDa\dPle lUiNmLANNED CO6RvfUNITY(IIaAmOIVNRRASSOCh1r1OMIlLSALENO'fICR (t B2J - 40 N(YTAPPLICABLB 461 AMICABLE.- CQNDOMINIU1.L Bayeradamufdgn daldupmpalry is punk dfa mndavdvlwn met is primarily Nn 4Ya unit mvnen' 461 usmeWlnL 934Vl ofinelllfmm Cm4WminlsmvlaafPelntry[rmfs mqubrs Sellerta NnBllBaya AVilh.CWfiamp(Randa mid npfm JAI p(dL[andoltipNm dlClaiaRan (amn dm¢ p121e eqd piep9),IBnay)nWr..ad tl1LLNlm 611d Tgnbnl¢N at\Im NWCIYmA. 401 ? APPLICABLE: pLtN14000ObtFfNN[IY(fIOF1EONNERASgOC(AT10N). Buyer erunrrwlelgm dose ma Pmpenybpan afnptannd Ass emnlmltymJsnpd by the DafC4mn Plaund COSmmmiry Asl(Sed C4:fmlgon afPionad CammmiTy Nmkej, )5407(a)atl6oAntnvryims Ad Seller to Welsh Bgyerwfh a copy of the Decluraliws(amalbar plait and pkm), the bylaws, 11M nice emi mulalWmoflhansso_tiAlfsas, laid 416 aOdin MCinia91ha mavuimsscs forth is §5407fo)oCih. Act. r, l) , 6 nil &I@Anlllvu: ?N/ YY ? =Pu B 7 lli ``?"'? A1 [ 401 tin .r uyer n n f: le la? Bt 4SS NDOh0N1(IbIORA PLANNF,DCOAf)tYEW= '17 .OLVINOAPPL[ESTO PAOPHRrImSTuATABE PAyiTOF J" SSa ? ( hfn_1$-D.\YSu(ihe exmlamnflAL:AwemleYl, Scllenvlll m' quarmdiea5mdmien fa¢CrniDmlu.(Rade and dtdne- 93 '11oAc1 Pmv int the asimiodmis rewired to pmvid. test Jaumentswialin with SleAct l Seller to com l cot 511 Sul Sul . y p necessary to ca a la duyi.1'sullv'- ft'vO 1. (D) 34hr vai6 f"limply ddlvu to Buyer nil incursions; rece7vei [lulu die misachulan.lluderthe Act. 5-11. Is not Bible to Buyer for die Nllusem SA2 Ill SAA delay of tin: gsordn,taa ra,,nvida rlu CcdiBgmin uJme{y amrmr, noru3allerlfa3L wRuYmlorevY asroMm+e Ldonuolim PmvjJed by e11 lit the..udadoa cad Included In the Cvnffirnre_ Ads 5C9 (C) Day,, may demo lids Agtrrsaao VOID at Any Lune term- 0 Mrr muslin Af de ASS.cluffmr7ACemcnas and fa 5 days dnrmBtt. OR unlit No 34T smlr.em, wmchaver comas finL Buyers nndm aaclafng lids Aymumm5 void most be, fn victim atmannar all deposB eased. Jill he 501 1r.a .10 rcNmed!. BUhc - (D) )o use went lba.sadadan ha the rlg6e w hey dm PmreAy(drJa attest mAAss))..mil I'Mi wearlAHon exercha Cot rigbi.&O"wig mimbwso Sin 501 Sal Ouyularollimnf+p,ddhynuyeran:eecm,rot'pmehquPd?c and farmyrnsn fncussulhY Buyerfm (N TitWa:a¢Il,lldc iamfaattondltt Ila gal merhovie Genimutnua,.see farren.IfeJmo[mme,it'enY:(2)TicaJ fnsumrca m,b'orlbefOUnu¢n wirhexlemleJ mvetnga, oJnesub- DI III s4lena lwnmae, erlhe faraa.UOllan Aflame, If ay;IT) Appraisal fees and eborges Void h sdwnci mmmipuge lender, Troy. 512 513 23. Sts NLUNTEVANCE,& RISIC OFLOSS(1.02) (A) Scalar ill mroNaiu dw Pmpmy, gmands, 0xln[a,cal anypasanel ycop=tty spaifke0y sherh,ed harld In Its imsanl candidan, caanal 9Ix at4 IN Ill ueuard te.euepled. (il) In the cvrrg my system orappdanro Included In diesnte Al Pagrayfalls umd SSlkrdae¢ompoir. rep!ere the ikm,Selh:rwM pmmpdy Ste Ste sit sanity Buyer in wddod ofSellu's rholmia: SIT Stn 1. Repair or Mindoro We fAlbd sy+emor appllaueSefam catamount Air cmgt SUycrutsrnlaec¢I for die fdrimuka value of 11M Mesta sys Ste am not or appHac. (skis aPam Owed be ucaplAk An die moutFoga 4adv, if any)• to eouh eau. Buyrr cocaine the Property and counts to Ste Aid 4. RFSA LSC nee fang In pamempliZ.[this ApawooLOlt std 6x5 _ Not repoit erTapioca dw thJed system Or epplIance, and not credit Buyer 31le"cmmsfarde rioc mdse vase. Or 111% falal system Of 521 $22 apptiancc.IfScUerdater aotrepafs replace oraRer a sreSL fortba rdiolsystcmorapplleea,or lr5drerfalb In angry IT uycrarsdl es 512 his dAOIca, Buyer Mll nnniy SeB.ln wrhing wfmlw 3:OAYS.rbel'amamtfcmeM,wh!dre[er is sooner, t5al Hmperwiff: 52s 521 a. A.rpl thePrgeAy and Ogmem Hro RP1IIASHaet (Oat inpatv?aph?ordds Agneeamh OR - - ! .624 525 .. b, Termimla Wis Agrrmm;is wNchewesnB e4yosh maul. pad er a.owta[ptxelsse pdm wW bo rcmmN (Aamptly ra Duyu lie 5:0 and shit Agrrangm wN LA VOID. - 520 SIT (C) &Iluwill bear risk eflgr(Tom Bre meager waub7es 5mlil Use IgNalitemex in the visit Ordway, by rimeralmrauseoldq m my pmri- 47? We coy Included in mix sale 11.1 Is liar tepeared Our aphad roar m adlummL Buyer will lur. ale rrydw of Se scloding ads Atarceman Ind ua Sig pmmply=lying ag mad. gold on.aaem ofparchese.pda ar ofemTling dm Property in Its due aedidan mgahet with d;e Vail s Sim me ofmy(mum? recovery ncchisbieby SeB.. Buyers bmcby rarer Ind littler may inmrelloyrrbrqufmllo?alnrest]n des llmrratyw If ,nl alt the doe of mucwionof ads Agmonson. - 531 M2 M. WAIYStit Olt CONIIINOE7COST(t42) - -- --- SIT SN IfauisAgannnt is cotangent aA Huyu'rrfohtm baspad andfampairtle Psopnly, Ifuyar's faBu¢ l.ce a any oreuygesepBwasighhln 711 514 lln lima BrWt+Sre(ndbmlhbAgreemmstvBl e¢nslHukn{VAIVGIf afWaemnlingerzcY and Wprr octxptl fhePtnr[rtpod ogmo fa (ha $31 Ins RBLFASHselrt,Ahispongmph25ofNfs•sgrmuml 133 ell 25. RELUSC(t•02) . -_ .-- ?... Ill oat Buyer hereby 1111ee5ua, quit club. Mal fierwverdlea"Ites SELLBB,ALLBROI(ERS, Bsdr JAM NSEES, EMPLOYRU, cad my OITFE• 337 513 CPR wFARTNER afeny uncutWena and my oW. PHITSON,B1ItAi, aCORPOMTION Its may lellnleby or lirguLk them, Rant An Sig umysndell dorm,1.lauardemonds,lneimlh,&butmLlindlcd lm,pcrdrna[Injurln and property damage lady oUorUiammequm mIlium Sig Ste of,w[nlh.rtgr knmrn.r m4 n7dds mvy arses frnm Wuptvmm of lerOlta nr aibv nav,Nmrutg lmeeb, moon, leadhasal po{nt lAa• oil SIT mar, mrlmnmmlul hmrn:rLi wY defects in the tadhldml an•Iols:selle rB.yamisysmm or delklgoehs In Wa ea sllr lrolerserylwayslem, bit ate Sugar be In dufouiYader the corms of OnlsAgr.meal, ads release doe not deprive or any defects or candlUom on the Property. Should 542 , W3 _ Buyer of any right to pursue May rcmadle Thal easy racoon. onderlmr or esuhy, 11dr mimeo will seal,. wthrownt. an Sit 26. 71 RIESL'NTAMNS(1-02) 014 5i5 (A) Imp. mderslaA,Lr dtstenY ttPtestmNiA,w cWm4odvedalpg.pm,lad!wdmivides. tsal,av arplxnsafanYNndaede try Sellet,Hmtrtr, all af. n4h Ueaueer,emPl.yrra,,slPsem,.e pmmem ors rM Open dnlLs Ageematt etlgs gpnedy hnarposweJ arsla[ed in iFfa pgrcmmu. tlh ITS All [usher andarmad dull Its r Agrcmmt.Mein the whale cep "^tm bmweae Saner and Buyer oral Ilium Um no adW term; obligadane, 641 Eta mvenmm. rcpmremaJom, elute merits a candWum, and or aarrxvue of nay. Had whomever careening dill 4n14 ploca morc, ads Sir Sap Ayemmal will not be chase, mteedcd, choulcor mafsued Amps In lviiang rxxmed by Ihapardes 24S ago Ill) R h understood WN Bayer her lnsp.auak be Pmpetty beam elgnlngmi,trAgnm.L(standing Ratu[e Aad any personal property, 600 liar apeciBmlly srhudulad hnok), w bawsmtved the rigLL k do AN and heragned is purdwsa did Property In Ila present conahrorl unless III sit .. olhmEgalStated In rile AV*MML Dayer admowtedges that B7aotrs.lherlixweey m1ployec% Chirac wr porlnan huge, %AL made bas 553 ..• an lndepmdat.esd.tLon addeaminullonaflhealrodumisaoodaea of die Properly, Ibeugenrsocialists orlim componential call. on am mnmanlul comalletla, the parsdadmeeorof aemBguee mdsling to lies halo when dm Pmparty is si(uulad5 err have Bull bade a oil am meehuNml lwpeeann or any at Hitsypems candy Nalerdo. 660 SW (L7 Any nel arraml by info AgreaoxalwiII be completed in 4 avalodani7le rnana LSr, SIT (P) BnalwAi)may perform services to ASIA umepMacned parties to eamplying wish rho war of ibis AgrtnnmL. - 557 oil (C7 The lunJiog;mpd®s, Alin Grn aumEan In ails AOmcn,an5we mmnsmly 5o nmke flagferm find Wapamgmpl5s, ..,. $70 mss 27. DWADLT[I-02) sap SET (A) Shcerhas the option afrataidsm; all sumspdd by Buller, imilsding ore dePm'¢OOnIe• should BUyee 194 gat 1. Pollro M.S. myaddhtonal peymuggoo gseciBN fstruAgmpli D; OR 561 662 _. pamistto]e or begoolem mfmmodioe(aSd1..Brataladal amnior-lead,, it aA mneerrting Buyer's legal or hnmsialstafte, 502 dal or rod to coassula lit the pmcesslag oral. maagar kart cpramdaa,wh(di arms would mab In the frlhtmm.1non the ap{uuwl era All set ulongage torn wmmbmea; OR 001 Say 3. Motile Air foil he fa101l and perform any after mrnts.tvedulmna a this AASermud. Sea me (B) Efulen albenrLm chixhad)n Pnmgmphl7CC),Soler may creel to retain these sums 7utd by0uyer• InclMll deposit modes, In cam of the 315 gm Writing mmias: I'm Sts 1. On=MiQtafpuMilnnp;1aa DR 600 Set R As aed.SObe uppUai In Srllu4 daoages;OR 91 on A As Bquleeddamige Bpa.himemll. 610 511 10 Seller is Fm1 roon"'Ap sons paid by Boyer he"Mko,kpeak"rooks, asli,pddsteddiunagrx 571 572 (D) [&lterrzidnsellowns paid by gains. mclatiny,icpask maidwi AS B4Wduted der.gsa pamuam to p.agseph 17( B) or (C)• Buyer led Seder 472 an vdll be rclegcd Boo Posher lkNyty aahliemlom ad eds Agreement MIT be VOID. In 574 29. MEDIATION (T-96) I14 575 ? NOTAVAtLAB LC all $79 ? WAMP. Royer and S:BeruLlets7md that they may change te mrdbld At A lour data should A dispua.he, but dlauhemwill lino uNt- 076 sit &ad.. aAhe pad Of my play to do U- SIT 574 ? ELCC1ED its 570 (A) Day. AndSelkr win try to Oil any dispute or claim that truly ryae from adsAgnnaant aamgls mW7ndm, In acconimmwlah due Rules 573 sup and khaedma Or the ItWd S-1kd OOO Bnyrn Dispok RdUhufm SySem. Any agneimdPunche through a mNlmion War== aM All gel signed by lhd partial wit be hl Arg. AM U2 (B) Hoy. And Sall. oelmowhJga,hat amy IMOM nrafvea, readk and undernmed the RbW And Pmceau. atlk Ihure SdknHlosno Buys.s ml 5113 Dhpuk Ruolud.a Sysem (see Wdimon Naha) Sal 504 (C] lid, aiScournt in medium dhrrc3 Aresiog form This Ayaemeal will survlvexldeme.. *L -.. Pg 504 635 36, 0 B ' . 7silly SuIlor Intfid4 1 11S21C Pi lda b ago .e uy „r er u n s . In; sou 29. SIP= ES(ia1 SA (A fodavrlog ace partaf(bll Agnamepl(rehaktdt 9 341 IV, 560 (I1ller Pmpedy Chohngency Addcarfam(PARPmm SOP) 9ak.45edlemem oCOllue Progeny .? Seniem 909 690 Comingeney Addeudam(PAR rams 99P) ? TcnVo*.(3 opiud Fnperly Addeod. (M, Pap. TOP) 190 491 El sold& Settlement arodmc rmpawyCaptin8anry - p 501 ar_ mdlSRdht to Confine hlorkednIt Addmdm;' 502 sn (PAD Faun 9SP-CM) ? 691 59 to) 601 SG 975 593 . . all SD Say 511 449 .. - . .. . I 519 CD) .. aSl cal i, .. .. .. .. 101 o@ - ... - .... ,.. aez m ?eyer and Selleroe9linufedgerarsMga mpynrdds Agpimlcadnftbe timepfsign)nry '- "' cm of p5 995 NOTICL7 TO P.iI(T@5: 4Yf)ENSIGRE?e 2TliSA[LIREhIEN'tLSAL?VRINGCONT7tALT.7h6irn 6j k(vdmtle lmnvmiliWn((4tXj v[IWS' son ad A?r«mov4nnddloddenJorhearinglhos6goahmdoCaD porl6es,ewlsD6Gles ueaCl4ntvoltlds AgremmnL•{'arI(m In t(dsirnmaeDUnnccpdvged Ha bli to rOUeWtnp ugomeyhefurds<gningRWay deelalegal udvhr, - -' - C77 W1 600 aa9 ? ?oyer hm received the Coaseadwr Nolica as edoptad by the Slate Rest Olote Cnmadutun at 49 Pa. Cade 435336. 1]9 eta ? ?uycchnsrtalvvda eWlvmehtdDuyarS aDamtd Jndn66wnbvhm Wgomgltde AglacmenL ' "" atA an (] Lugvhar real and lmJer3fonds tier rmtk"u vnd upluea6n5T9Har11mdoo atforMln ebbACrcealroL - 611 579 ? Dpyerbas reulved aSe?a'sPcoParlYCNsJomaSWhmmlhel'ocedEgrft thlsAgreortent, Rrtq.Teed bylaw suz S13 'tit Rwl Estate SWlcr?helomnlan)- - - - ntd 611 ? ?uy9r has lTC2rYed We Depasl/h7mey Nolira(fer eonpec,llrv mica wico?mkxrfor SWitr&hoWfnB Jepadlmoovy)btfnroslgahg ede an 611 Aynernmi. IRS 616 .. •. .. .. ...• - ' 615 III DIIYElf9 hLSI1:RVG ADPRE88s :.<.; .:-...-. -..; _., ' ...... .. ,. ..... .. .• :.• •!•. all file all 511 DRYER'S COMCM117,11ILRISj: "''i- .. +.•.. :-::-'.... i•- 1 .. .. .... .. ... :.:. ... .. am 122 Izb-WIT14SS - ,.>•I:.; ;: DIIYHt - 7. ..:. ?.iTR aft ,,//w ah. 023 6 .. - . - - in in .. .... ... -.. •. _. lot en 124 vinNFSS BUM DATE 027 In SSP 015 120 .• -... all m aYn=s .. •..-. ... LUYQt".. :,-.: .. n .- ... .:'..'.:DATE ;.....- all . - - .5S! ., on 6i6 6E3 _ 077 131 9ellxcherthy voprova lion above mntcl4 this (,low) 610 131 vnd1. eaovidemdva Dribs services weakened in prondog the IIUM Sd(ecaastta to p:y themmal?mka6e Seder t(apo( MI In blifimn the herein specified We peen. In the aveeLDuyer Widalu bemavdaa my morales paid can occ twill be divided ill iA Sclkq ,Dnka(a[Sellu, has in ao ercnt aid die slsm pehlb tier Breku NaSclla urmi We o6ovd spedlid ?mka's fee. in 131 all Old ? Se?erhosnaived We Cjusamer Nadcd an adopt.) by 1119 State RWIblale Cnmtofss]nnvt 49 P. Code 47i]36.%t. . MIS 619 ? Se?rrhns rtalv.inslvlmnmta[SepdrS eMlnmhJ rinsing ®sU beron55fCnInC Ih{SAgneSnenL. . ,.. WO n7 II 5411ahu nail and wdealmdefinrollces and espivonmpln6aemvusnself Wtn lWedgnemm6' - " u7 On qa ®5 SELLQPS;i1An YGADDRFSSr a39 6 - - - Sao ".- fill mum's CONTACLA'MER(S Ht 112 - 5I] W1T .SRLLII DATE ?I Z. ?Z 842 W] 144 SS8 ,- 937 l Its 656 liTfN Burl yx Me 647 SS8 my 649 ... - .. ...,. .. .- .._: d2 u6 iYffNPS9 -.-... .. - ., ., . ,. i51I LER- . ?(. nAT ( us rlv - . Ra SSII 666 ,/gyp 651 ?tr' ? e V5; . /}I??. - •. ...- . 1.-34? •. 612 ?rokesiv Rem ckull Wutardapp8m5k):' on a53 ? '. Regarding Lad-Dosed tHn7ardr D4clarwe:llv(ulrediCPmpalywashliU(hSSIU 1778;'Ifie vndenipned Lleensrm'svolvcd in W ass .. Iklr uavsxdan,an 4abalra[OemsedSea and drh hm@+7,c.dfY DmlOhek slmewads areweto l&be15pllhcir5mowtedte mul DeSd,. as7 655:':AS•IUw6Wed(;emenh'7txfluNar..t lavo{ved io dlu Wasoctimtuve(afalmeJSn)kca(Sdkr'sahi(gadw;IxderTh: UR[derdol irvd-DuseJ 956 668 Phut HarandRehedpaAn,42U.S.C j9652(J),mW ammvan of d¢k•,upwslbpirylo em;lrt<pnpliaree. .- 956 In uy Vier ? RcgoNing FRA MoeigoBes: TheluxkrsiSndLimasm lavolvdia dlu uvnSVCWm, as hrhirol delnselvrs vvd th-b1tarclao".nify 0.4 into Is, the lemon of this cooha.(erpmehna.u tma to ago but of Iheir)aowldge Idea l; and dal any alra agwlntem emend Tula by onY aC We in Lb..pWdd he Wnll:Cdan whh We.axn.d. lS ad.Yked ad a.[. Agee .I. I 65r tot Gil t6x ? RegvNing INdlndnn; Tim mdtnignd ? Dmtec(ar Seller ?Dmkecrorduya ogmamsubduamedldda: 6nttmNncw wlW all Poragr'I196 oIJ6sAiyeemmg e on 057 eN 654 664 EROIXRF'OR8L'LI.2R(Conlpany Nana) 636 00 ACCEPPP.D DY DATN 651 N7 am us DRONER FOR POYP.Il(Camlmay Nome) ono 699 ACCEITEDLY ON179 ua B a erg rlt Ad zKr4go8 xre IV SULERs9 COPY uc 2d:,Ibr Kirk Nace s94 575 556 3197 1!73 61:9 6l!0 Eft r rv3 r,6a 3116 6oi i.^3 fitfl 611 612 1,13 3vi 015 616 617 618 619 626 621 522 623 624 625 tH 527 62a 629 am 631 63'2 633 634 535 536 637 638 539 546 541 642 643 644 645 646 547 649 649 656 651 C52 55, 554 555 556 657 558 659 660 fi61 562 663 GE4 665 655 65` 660 669 671. 671 572 0'73 674 575 676 677 670 579 ,_71'7 -357 -3012 P.9 28. BROKERS (1-00) Tho Busir,. Rt mships between the Broker(6) and Seller and , yet __ as follows, UNLESS a different relationship is checked bcluw. (A) The Listing Broker is Agent for Seller. (B) The Selling Broker is Agent for Buyer. (C) When the Listing Broker and Selling Broker am the same, the Broker is a Dual Agent. Dual Agency applies to all licensees, UNLESS there is a Designated Agent(s) for Seller and a Designated Agent(s) for Buyer, If the same Licensee is designated for Seller and Buyer, the Licensee is a Dual Agent, .4 ijusiness Relationship exists that is different from above, as follows: The Selling Broker is the AgimVSubagent for Seller. ? The Selling Broker is a Transaction Licensee. ? The Listing Broker is a Transaction Licensee. (D) Broker(s) may perform services to assist unrepresented parties in complying with the terms of this Agreement. 29. MEDIATION (7-96) ? NOTAV.AILABLE ? WAIVED. Buyer and Seller understand that they may choose to mediate at a later date, should a dispute an.se, but that there will he no obli- gation on the pan of any party to do so. ELECTED (A) Buyer and Seller will try to rosoNe any dispute or claim that may arise from this Agreement through mediation, in accordance with the Rules and Procedures of the Home Sehers(Ilome Buyers Dispute Resolution System. Any agreement reached through a mediation conference and signed by the parties will be binding. (B) Buyer and Seller acknowledge that they have received, read, and understand the Rules and Procedures of the Home Sellers/Home Buyers Dispute Resolution System. (See Mediation Notice.) (C) This agreement to mediate disputes arising from this Agreement will survive senlement. Buyer and Seller acknowledge that they have read and understand the notices and explanatory information set forth in this Agreement. Buyer acknowledges receiving a copy of this Agreement at the time or signing. NOTICE TO PARTIES: WHEN SIGNED, T S AGREEMENT IS A BINDING CONTRACT. Return by facsimile transmission (FAX) of this Agreement, and all addenda beat n the sit atures of all parties, constitutes acceptance of this Agreement. Parties to this transaction are advised to consult an attorney byfu signi i ey desire legal advice. WITNESS UYIFT Buyer Name (print) if SS # Mailing Address Phone #s AX # E-Mail WITNESS BU ER Buyer Name (print) SS Mailing Address Phone #s FAX # E-Mail DATE WITNESS BUYER Buyer Name (print) SS # Mailing Address Phone #s FAX # E-Mail Seller hereby approves the above contract this (date) ' 7 and in consideration of the services rendered in procuring the Buyer, Seller agrees to pay the named Listing Broker a fee of?e. of/from the herein ified sale p p 'ce. In the event Buyer defaults hereunder, any monies paid on account will be divided y? 1Seller, ) isung Broker, but in no event will the sum paid to the Listing Broker be in excess of the above specified Broker's fee. WITNESS SELLER--y c rn??,? DATE"' ?a Seller Namc (print) SS # /1 ; fa,- Mailing Address Phone #s FAX # E-Mail WITNESS Seller Name (p Mailing Address Phone #s FAX # WITNESS SELLER Seiler Name (print) Mailing Address Phone#s FAX#. r-b DATE SS # _ E-Mail DATE. _ SS 14 E-Mail Brokers'/Licensees' Certifications (check all that are applicable); garding Lead-Based Paint Hazards Disclosure: Required it Property was built before 1978: The undersigned Licensees involved in this transaction, on behalf of themselves and their brokers, certify that their statements are time to the best of their knowledge and belief, Acknowledgement: The Licensees involved in this transaction have informed Seller of Seder's obligations under The Residential Lead Paint Hazard Reduction Act, 42 U.S.C, 4852(d), and are aware of their responsibility to ensure compliance. ? Regarding FHA Mortgages: The undersigned Licensees involved in this transaction, on behalf of themselves and their brokers, certify that the terms of-this•contract for purchase am true to the best of their-knowledge and belief, and that any other agreement entered into by any of dhcso panics in connection with this transaction is attached to this Agreement. Regarding Mediation: The undersigned graph 29 of this Agreemcal. I LISTING BROKER ACCEPTED BY SELLING BROKE ACCEPTED BY ? Listing Broker ? Selling Broker agree to submit to mediation in accordance with para. n "IV §5d 52;31 ZIE S^a 661 662: 663 n64 !66 ip7 6011 0 t r, rill 612 613 3.4 ;I,5 617 G'I l; 517 620 521 s2z 623 57.4 625 625 527 626 Nil 636 631 632 633 634 635 636 537 639 640 641 642 543 644 645 646 547 545 549 650 651 552 653 554 655 656 657 558 659 660 61311 6G2 663 654 665 606 667 558 669 570 571 572 073 674 575 675 677 570 579 Mis A/S-2K Page 8 of 8 680 uc ac:dap Kirk Nace 717-957-3012 p.3 67 6. NrORTGAGB COWINGENCY•t.-Our ;7 38 O WAIVED. This sale is NOT contingent on mortgage financing. !i3 69 ELECTED 0 '11 (A) This sale is contingent upon Buyer obtaining mortgage financing as folluws: L , 76 ' 71 .. f7 ' Rr.s L Amount of mortgage loan $ I'M.av r n 72 2, Minimum Term ' o years ` 73 3. 'Iype of mortgage 74 4. Interest rate TB °k; bowcvcn Buy r ugrecs to accept the interest rate As may be committed by the mortgage lender, not to 77 ? 7a 7n ii rk,. exceed a muxinhum interest rate of T S. Discount points, loan origination, loan placement and other Fees charged by the lender as a percentage of the mortgage loam (excluding 'l /1Q ° h l 7•• 77 oan. e mortgage io of t any mongusu insurance premiums or VA funding fee) not to exceed The interest rate and fees provisions required by Buyer are satisfied if a mortgage lender makes available to Buyer the right to guanince an i, i^- interest rate at or beVow the MAmilwin Interest Rate specified herein with the percentage foes at or below the amount specified herein. Buyer 7- ep gives Seller the right, at Seller's sole option and as permitted by the lending institution and applicable laws, to contribute financially, without - promise of reimbursement, us the Buyer and/or lender to make the above terms available to Buyer. -- + (B) Within 10 days of Ilia execution of this Agrecmena, Buyer will make a completed, written mortgage application to a responsible mortgage Icnd- t` ing institution, The Selling Broker, if any, otherwise the Listing Broker, is authurired to communicate with the lender fur the purposes of assisting in the mortgage loan process. (C) 1. Upon receipt of a mortgage commitment, Buyer an /or Selling Broker will promptly deliver a copy of the commitment to Listing Broker, -? -? if any, otherwise to Seller. Mortgage commitment date ?? ez if a wrtten commitment is not received by - Listing Broker, if Any, oihenvise by Seller, by the above date, Buyer and Seller agree to extend the commitment dale until Seller ter- -- ^2 minutes this Agreement in writing. '- -- 3, Seller has the option to terminate this Agreement in writing, on or after the mortgage commitment dale, if the mortgage commitment, a. Is not valid until the date of settlement, OR r b. Is conditioned upon the sale and settlement of any other property, OR .'. - c. Contains any biller condition not specified in this Agreement. - 4, In the event Seller does not terminate this Agreement us provided above, Buyer has the option to iciminute this Agreement in writing if '75 the mortgage commitment: ' 717 a. Is not obtained by or valid until the date of settlement, OR b. Is conditioned upon the sale and settlement of any other property which do nor occur by the date of scrtlcment, OR 6r -? c. Contains any other condition not specified in this Agreement which Buyer is unable to satisfy by the date of settlement. - a9 5. If this Agreement is terminated as specified in paragraphs 6 (C) (2), (3) or (4), all deposit monies paid on account of purchase price will 'I un be returned to Buyer. Buyer will be responsible for any premiums for mechanics lien insurance and/or title search, or fee for cancelh1unn n'aa 10' of same, if unv; AND/OR any premiums for flood insurance and/or flit insurance with extended coverage, insurance binder charges or " cancellation fee, if any; AND/OR any appraisal fees and charges paid in advance to mortgage lender, 14% (D) If the mortgage lender requires repairs to the Property, Buyer will, upon receipt, deliver a copy of the mortgage lender's requirements to Listing '"': Broker, if any, otherwise to Seller. Seller will, within 5 days of teceipt of the lender's requirements, notify Buyer whether Seller will make the 1n3 required repairs At Seller's expense. 1, If Seller chooses to make repairs, Buyer will accept the Property and agree to the RELEASL set forth in paragraph 25 of this Agreement. "- 117 1 If Seller chooses not to make the required repairs, Buyer will, within 5 days, notify Seller in writing of Buyer's choice to terminate this 107 Agreement OR make the required repairs at Buyer's expense and with Seller's permission, which will not be unreasonably withheld. If Ina -- Seller denies Buyer permission to make the required repairs, Buyer may, within 5 days of Seller's denial, terminate this Agreement. If :all 14 Buyer telminules this Agreement, all deposit monies paid on account of purchase price will be returned promptly to Buyer and this 11n hi Agreement will be VOID, III ;12 (E) Seller Assist 1, 7. 113 iVf NOTAPPLICABLE '"! 114 p APPLICABLE. Seiler will pay: t14 ; i5 E] S maximum, toward Buyer's costs as permitted by the mortgage lender. 'ms 00 lac 117 ri7 FHAIVA, IF APPLICABLE its O F It is expressly reed that notwithstanding any other provisions of this contract, Buyer will not be obligated to coolPlets the purchase of the agreed 718 1'?3 Property described heroin or to incur any penalty by forfeiture of earnest money deposits or otherwise unless Buyer has been given, in accor- l? '<a dance with HUD/FHA or VA requirements, a written statement by the Federal Housing Commissioner, Veterans Administration, or a Direct 121 Endorsement Lender setting forth the appraised value of the Property of not less than b (the dollar amount to be 121 1'2 inserted is the sales price as stated in this Agreement). Buyer will have the privilege and option of proceeding with consummation of the con- 1-'2 "23 tract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage time ".34 Department of Housing and Urban Development will insures I-IUD does not warrant the value nor the condition of the Property. Buyer should - 125 satisfy himself/herself that the price and condition of the Property arc acceptable. --? 1'Ri Warning: Section 1010 of Tutle I& LS,C., Department of Housing and Urban Devclopment provides, "Whoever for time purpose of ... inilu• - 127 uniting in any way the action of such department ... makes, passes, utters or publishes any statement knowing the same to be false ... shall be -7 52.d fined not more than $5,000 or imprisoned not mom than two years, or bath," 12= (G) C.S. Department of Housing and Urban Development (HUD) NOTICE TO PURCHASERS: 13a Buyer's Acknowledgement 1••.a 131 U Buyer has received the HUD Notice "For Your P1o[ection: Get a Home Inspection" (see Notices and Information on Property Condition 131 IN inspections). Buyer understands the importance of getting an independent home inspection and has thought about this before .signing this 132 133 Agreement. .? 13 134 Buyer's Initials Date '.34 135 (H) Certification We the undersigned, Seller(s) and Buyer(s) party to this transaction each certify that the terms of this contract for purchase arc 136 tail 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 transac• 1J3 137 tion is attached to this Agreement. 117 IN 7. INSPECTIONS (1.98) 3a 13a (A) Seller hereby agrees to permit inspections by authorized appraisers, reputable certifiers, insurer's representatives, surveyors, municipal officials 119 14o and/or Buyer as may be required by the lending institutions, if any, or insuring agencies. Seller further agrees to permit any other inspections '140 141 required by or provided for in the terms of this Agreement. 141 142 (B) Buyer reserves the right to make a pre-settlement walk-through inspection of the Property. Buyer's right to make this inspection is not waived 142 143 by any other provision of this Agreement. 143 144 (C) Seller will have heating and all utilities (including fuel(s)) on for the inspections. 144 145 145 146 146 147 47 148 49 149 man 56 156 57 151 152 Jo l ? ll I iti S 153 1U 153 er a s: _, e n Sayer trills s• A/S•2K Page 2 of 8 - c hop K -k Nace 7.17-957-3012 p.9 r9I !?95 s9G he", as vl9 H15 €=t E6? 5ti1 604 C•n5 607 61F1 61i 012 613 314 G+5 510 617 610 619 620 5121 522 523 624 625 626 627 62E 629 E39 631 632 633 634 635 535 537 638 539 540 641 642 643 M4 645 648 647 549 649 650 651 652 653 654 555 656 657 558 659 560 561 562 563 054 665 666 657 6Ga Goo 670 071 672 073 674 575 676 57; 571 670 5a9 28. BROKERS (1-oo) The Bunincsa ..c mships between the Broker(s) and Seller and B,. _, ._. as Follows, UNLESS a different relationship is Sot checked below. (.4) The Listing Broker is Agent for Seller. (B) The Selling Broker is Agent fnr Buyer, „nr s, ` (C) When the Listing Broker and Selling Broker arc the same, the Broker is a Dual Agent. Dual Aeency applies to all licensees, UNLESS there is 7 :. a Designated Agent(s) for Seller and a Designated Agent(s) for Buyer, If rho same Licensee is designated for Seller and Buyer, the Licensee is !. a Dual Agent. f,j) smess Relationship exists that is different from above, as follows: sal 4!11, The Selling Broker is the Agent/Subagent for Seller. 682 ? The Selling Broker is a Transaction Licensee. 583 ? The Listing Broker is a Transaction Licensee. (D) Broker(s) may perform services to assist unrepresented parties in complying with the terms of this Agreement. 0e 29. MEDIATION (7-96) ? NOTAVAILABLE Q WAIVED. Buyer and Seller understand that they may choose to mediate at a later date, should a dispute arise, but that there will he no obli- :..., gadon on the pan of any party to do so. ELECTED 6m1 6/r, (.4) Buyer and Seller will try to resolve any dispute or claim that may arise hom this Agreement through mediation, in accordance with the Rules 611 and Procedures of the Home Sellers(Home Buyers Dispute Resolution System. Any agreement reached through a mediation conference and 612 signed by the parties will be binding. 613 (B) Buyer and Seller acknowledge that they huvc received, read, and understand the Rules and Procedures of the. Home Sellers,/Home Buyers -4 Dispute Resolution System. (Sec Mediation Notice.) %;16 (C) This agreement to mediate disputes arising from this.4greennom will survive settlement. 6 1 Buyer and Seller acknowledge that they have read and understand the notices and explanatory information set forth in this Agreement. 517 G1t; Buyer acknowledges-receiving a copy of this Agreement at the time of signing 519 620 6T NOTICE TO PARTIES: WHEN SIGNED, T IS AGREEMENT IS A BINDING CONTRACT Return by facsimile transmission (FAX) of this 322 Agreement, and all addenda, beari? the sip otures of all parties, constitutes acceptance of this Agreement. Parties to this transaction are advised 62, to consult an attorney befu a signi,?g' ey desire legal advice. 524 Dl1YE ?L ?I DATE 212-5-1c2 626tea Buyer Name (print) Mailing Address _ Phone #s WITNESS Buyer Name (pr Mailing Address Phone #s FAX # E-Mail WITNESS BUYER DATE Buyer Name (print) SS # Mailing Address Phone #s FAX # E-Mail 649 649 550 DATE 651 Seller hereby approves the above contract this (date) 2 e' ! i 641 and in consideration of the services rendered in procuring the Buyer, Seller agrees to pay the named Listing Broker a fee of :??. •f 642 of/from the herein tip ified sale p 'ce, In the event Buyer defaults hereunder, any monies paid on account will be divided 4, °-? 643 Seller, / isting Broker, but in no event will the sum paid to the Listing Broker be in excess of the above specified Broker's fee. 644 _ (/-/i j 645 WITNESS r 1 SELLER.- o? ?GiA DATE 646 Seller Name (print)^? SS #-?jf,,a,_! --fa,- 547 Mtdlbtg Address Phone #s WITNESS Seller Name (print) Mailing Address _ Phone #s FAX # SELLER FAX # WITNESS Seller Name (print) Mailing Address Phone #s FAX # _ E-Mail SS _ E-Mail SS # E-Mail _ 657 _ 558 _ 559 660 Brokers'/Licensees' Certif cations (check all that are applicable): 661 ?garding Lead-Based Paint Hazards Disclosure: Required if Property was built before 1978: The undersigned Licensees involved in 602 this transaction, on behalf of themselves and their brokers, certify that their statements are true to the. best of their knowledge and belief, 663 Acknowledgements The Licensers involved in this transaction have informed Seller of Seller's obligations under The Residential Lead Paint 664 Hazard Reduction Act, 42 U.S.C, 4852(d), and are aware of their responsibility to ensure compliance. 6G5 656 ? Regarding FHA Mortgages: The undersigned Licensees involved in this transaction, on behalf of themselves and their brokers, certify that 657 the terms of this contract for purchase are true to the best of their knowledge and belief, and that any other agreement entered into by any of Nil these panics to coconnection with this transaction is attached to this Agent. 659 578 ( J?J Regarding Mediation: The undersigned ? Listing Broker ? Selling Broker agree to submit to mediation in accordance with pars- 871 Z/ graph 29 of this Agmem 1, 572 573 STING BROKER (Com an unne) 874 ACCEPTED BY DATE 575 / 676 ELLING BROILER (Company Nume) X -` ??'l 7 5. f c 677 ACCEPTED BY 7 DATE( 678 / -------------- 679 A)S-2K Page 8 of 8 6110 Lt S SELLER _ 527 _ 528 _ 629 630 631 _ 032 _ 633 _ 634 635 _ 536 _ 637 _ 638 _ 639 64D 652 653 654 G55 DATE. 656 S OMB NO. 2502-0265 Jr B. l'r,(E OF LOAN: _ 1.?FHA 2.?FmHA 3, CONV. UNINS. 4.?VA 5.?CONV.. INS_ F.. DEPARTMENT OF t10U51NG & URBAN DEVEL SETTLEMENT STATEMENT OPMENT 6. FILE NUMB L_1273 ER. 7. LOAN NUMBER: - --- - 8 MORTGAGE INS CASE NUMBER'. .11L 7hrs Icons lunlislted to give you a statement o{actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(POCj" were paid outside the closing, they are shown here for informational purposes and are not included in the totals. to 3188 INACE KIRK PFWL1273116) 7i i ',ME AND ADOR" SS OF BORROWER: flare I r . liox 185 (Lot 8) ,,-town, PA 1!062 E. NAME AND ADDRESS OF SELLER: Michael Dubaich and Tara Dawn Hazen F. NAME AND ADDRESS OF LENDER: Ameriquest Mortgage Company 8 Skyline Drive Hawthorne, NY 10532 L:OP[ .TV I OCATION I Pnx 185 (LoI 8) 1,1, d,,wn PA 17062 H SETTLEMENT AGENT Francis M. Socha, Esquire . 23-2484354 ?- I. SETTLEME December 12 NT DAI E' 2002 . 'rcv Cnunty, Pennsylvania PLACE OF SETTLEMENT 2201 North Second Street Harrisburg, PA 17110 , - .I SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION ,),I ROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER: nIudfl I s Puce 169,900.00 401. Contract Sales Price I 169.900 06 t Misr to Pro tl er1Y 402. Personal ProPeny _ __ __ Itlement Charges lu, Borrower (Line 1400) i 9,586.45 ? 403. i 404. 1 405. Adjustments For Items Paid Seller in advance ? Adjustments For Items Paid By Seller in advance e nr. 40vlax t0 _ . __ 406. City Tax to , _ -__. .rml to x to i 407. Count Taxes to __ ,drool Tax __._ _.to 408. School Tax to 409. 410. 411. 412. r;POSSAMOUNTDUE FROM BORROWER. 179486.45 420. GROSS AMOUNT DUE TO SELLER 169.900.00 'fin AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: J1 i ? nsd or emnetl money 501. Excess Deposit See Instructions wcµ al Ar 1 r - t M H", Loan(s) 160,550 01) 502 Settlement Charges to Seller (Line 1400) 36, 655 00 iL.. I rca rr5) taker std Ierl l0 503 Existing loans taken subject to ?- 504. Payoff o(first Mortgage to B. Bruce Boyer 6 Wanda i 505. Pa off of second Mortgage 125,000 00 .. 506. 507 I _ , 6P 508. I rtn r:(osu,g Co Ispain by Seiler __! 8,49500 509. Closing Costs aid b Seller 6 495 00 Aid By Seller Adjrstments FIIItems hp Adjustments For Items Unpald By Seller _ _ rn rdvlax to G 510. Clt Tax to r.nunly Taxes in ? 511 County Taxes to _ D l?hnnl Tat to _ I 512. School Tax to ? 513. ? 514. 515. _ _ 516. _ 517 . 518 519. OTAL PAID BY/FOR BORROWER _ 169,045.00 520. TOTAL REDUCTION AMOUNT DUE SELLER 170,150 00 no (,ASH AT SETTLEMENT FROMITO BORROWER: 600. CASH AT SETTLEMENT TO/FROM SELLER: _ ,rns Amor I[ Due From Borrower (Line 120) i 179 406.45 601 Gross Amount Due To Seller (Line 420) _ 169,900_00 ass Amou a Paid BylFw Bonower (Lme 220) 169 045 A0) 602. Less Reductions Due Seller (Etna 620) I( 170150 00 ,, '.?srrf x FR,w)f IBORROWEP 1 10441.45 603. CASH( TO)(X FROM) SELLER 25000 ??,nr+eggnmt h, -I,y ac71ol die, rece ipt of a completed copy of pages 1 &2 of Ihis statement & any attachments referred to hereinf3ormwnSeller 01 1/L.GGG i/ Kirk L Noce Michael Dubaich dry.d s??,. a - Tara Dawn Hazen M,e EXHIBIT 6 L. SETTLEMENT CHARGES DO TOTAL COMMISSION Based on Price W S @ % 34,560,50 PAID fuO PAD Fki'm (.IrVlSlDO O( (.Om1111$$lon (IIpE 700 a5 Fe11oW5. _.9456050 L, RF/Max to -- ---- BORROWERS r sETIiILEM LEMENI SULEPS rEVFNI SLIT[ EMF ' ° ^rni?ussron Pard al $elllement 34,560.50 ID n^ n t-MS PAYABLE IN CONNECTION WITH LOAN to The Finare Group I?I`t man Ongrnmron Fee 3 ^/0 0000 4,016.50 _ _. - _ rar1 Disrnunl r to -_._-__ -vlv nl. nl fee to The Finere Group 275.00 __- DS ; ,reran Reporl to _ _.__._. -n, hn"I to A Fee e Ins a - _ _. pp 9 g _ csrrrpbonFee to _ SoLnr Fee pd by Lender to The Finare Group $ 3,211.00 POC - _ -- ., _ - Company > a. fter ce Fee -to Ameriquest Morlya 70.00 -e -1 - non r n Fee - __ - ?- -- - -lo Ameriquest Morlge9 Company 16.00 I ?.anon Fee to Ameriquest Mortgage Company 100.00 ' - r•,nrvrwntrnq Fee to-A-merique?st Modg_-age Company 375.00 "00 ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE i Ie,est Prom 12112102 to 01/01103 P 36 510000/day ( 20 days o) 730.20 --rn 2 I uannr Preuin for months to ,:rard losurancc PremlUm (Of 1 0 years to --- - Donn RFSF.RVES DEPOSITED WITH LENDER e 1 t heard lns lu ance months @ $ per month -L- tolmtgayn FlsurenU months @ $ er month "•^' ';n Tax months $ er month ;-.nunty Tares months-9 5_ per month n. :?.nool Tar months @ $ per month --- -` ----?---- months @ $ -??er month . months @ $ per month ` -_ pn^-. Ar,GREGATEE ADJl1STMENT months $ er month I M0 TITLE CHARGES Selllemenl or CIO51n Fee to 'r,- IranSacbnn Fee to ..".:Tt1fn Fxamnraliun 10 hr In urznce B t0 inder lnrument Pl?rauon to Francis M. Socha Esquire Deed nn NotaaFees _to Cash r. Ano ney's Pees to Francis M. Socha, Esquire Sat. of Mortgage _ 7500 1500 25 00 ( Ir des above ifenr numbers: ' Tn . Insuranre to Francis M. Socha Esquire 1,208 75 (includes above ,)am numbers ? --- lll'? Le.1ldPrs Coverage $ 160,550.00 _ I nfiwners CnvFtage ---? - -8-?1fi9900.00 1,20875 -? do semenis 100/300i8.1 to Francis M. Socha Esquire 15000 __- ?,I err 1 ? Ivrce Leller to lawyers Title Insurance Company 35.00 r'-;Im neyS Foes- -? to Allen Hench, Esquire 250.00 t7o11 •;uVERNMENI RECORDING AND TRANSFER CHARGES . ;, -IiJ Fees Deed 3 4050 Mortgage $ 7050, _. Releases $ 30.50 _-- W?N __.__?e axl lamps 90a 1Deed- t slab Ta, ramp _Reyenue S tamps 1,699.00. Mod a e 3050 + 1699 _.00 _ :100. ADDITIONAL SETTLEMENT CHARGES to "r1 4rtaey . _. h; Pest Inspeclwn -. q. TOTAL SETTLEMENT CHARGES (Enter on Lines 103, Section J and 502, Section K)....------'? 9,586.4 5 36,555 00 .. 1'31 )•rX'aF • bl,erO:a.... . a, [J •r elelc rY t le J??l N? Py Ci,e,l r Francis M. Socha. Esquire Settlement Agent red to I- a true copy. 1 _ _7 LISTING CONTRACT EXCLUSIVE RIGHT TO SELL REAL PROPERTY BROKER (Company) LICENSEE(S) SELLER L PROPERTY !I D ',? / /3U 1/SCCnS ?.? R %S[C i tt !Q i C' /{'S /4y PRICE $ /11:? i Municipality (city, borou h, township) 7 J'r? r?t2. /LF ?"` Countyt?C`c School District"rf Zoning and Present Use Identification Number (For example, tax identification number; parcel number; deed book, page, recording date) 2. STARTING & ENDING DATES OF LISTING CONTRACT (also called "Term") A. No Association of REALTORS® has set or recommended the term of this contract- By law, the length or term of a listing contract may not exceed one year, Broker and Seller have discussed and agreed upon the length or term of this contract. B. Starting Date: This Contract starts when signed by B ker d Seller, unless otherwise stated here: C. Ending Date: This Contract ends on /]/Y G3- 3. PURPOSE OF THIS CONTRACT Seller is hiring Broker to market Property and to find a buyer. Seller will refer all offers and inquiries to Broker. Setter allows Broker to use print and/or electronic advertising, including interior and exterior photographs. Broker is acting as Seller Agent, as described in the Consumer Notice. 4. BROKER'S FEE No Association of REALTORS' has set or recommended the Broker's Fee. Broker and Seller have negotiated the fee th t S Ile will pay Broker. The Broker's Fee iss7UVf2 of/from the Sale PricePlus Transaction fee of to be paid by the seller. ' ?7??£sr f/15-_?- i'? ?5[ 14i7I- Js//?j 5. COOPERATION ITH OTHER BROKERS Licensee has explaindi imker s com any policies a?out?ISoperating ]?t?i) other brokers. Broker and Seller agree that Broker will pay from Broker's Fee a fee to another broker who procures the buyc`r,Ox-, is a member of a Multiple Listing Service, and who: A. represents the Seller (SUBAGENT). ? No ? Yes If Yes, amount: of/from the sale price. B. represents a buyer (BUYER'S AGENT). A Buyer's Agent, even if compensated by Broker or Seller, will represent the interests of the buyer. ? No ? Yes If Yes, amount: of/from the sale price. C. does not represent either the Seller or a buyer (TRANSACTION LICENSEE). ? No ? Yes If Yes, amount: of/from the sale price. 6. PAYMENT OF BROKER'S FEE A. Seller will pay Broker's Fee if Property, or any ownership interest in it, is sold or exchanged during the term of this Contract by Broker, Broker's agents, Seller, or by any other person or broker, at the listed price or any price acceptable to Seller. B. Seller will pay Broker's Fee if negotiations that are pending at the Ending Date of this Contract result in a sale. C. Seller will pay Broker's Fee aft the Ending Date of this Contract IF: (1) A sale occurs within ,4" days of the Ending Date, AND (2) The buyer was shown or negotiated to buy the Property during the term of this contract. Seller will not owe Broker's Fee if the Property is listed under an "exclusive right to sell contract" with another broker at the time of the sale. 7. BROKER'S FEE IF SALE DOES NOT OCCUR A. Seller will pay Broker's Fee if a ready, willing, and able buyer is found by Broker or by anyone, including Setter. A willing buyer is one who will pay the listed price or more for the Property, or one who has submitted an offer accepted by Seller. B. If the Property r any part of it is taken by any government for public use (Eminent Domain), Seller will pay Broker /(/ /?- of/from any money paid by the government. C. If a buyer signs an agreement of sale then refuses to buy the Property, or if a buyer is unable to buy it because of failing to do all the things r cored of the buyer in the agreement of sale, Seller will pay Broker: (1) My of/from buyer's deposit monies OR (2) the Broker's Fee in Paragraph 4, whichever is less. D. If Seller removes the Propy,y_ from the market before the above mentioned "Ending Date", Seller agrees to pay Broker a Marketing Fee of 8. DUAL AGENCY Seller agrees that Broker may also represent the buyer(s) of the Property. Broker is a DUAL AGENT when representing both Seller and the buyer in the sale of a property. Designated Agency: ? Not Applicable. ? Applicable. Broker may designate licensees to represent the separate interests of Seller and the buyer. Licensee (identi- fied above) is the Designated Agent, who will act exclusively as the Seller Agent, If Property is introduced to the buyer by a licensee in the Company who is not representing the buyer, then that licensee is authorized to work on behalf of Seller. If Licensee is also the Buyer Agent, then Licensee is a DUAL AGENT. 9. BROKER'S SERVICE TO BUYER Seller understands that Broker may provide services to a buyer for which Broker may charge the buyer a Transaction Fee of up to $250.00. Such services may include, but are not limited to, deed/document preparation; ordering certifications required for closing; financial services; title transfer and preparation services; ordering insurance, con- struction, repair, or inspection services. Broker will disclose to Seller if additional fees are to be paid to Broker by buyer. 10. OTHER PROPERTIES Seller agrees that Broker may list other properties for sale and that Broker may show other prop- erties to prospective buyers, 11. CONFLICT OF INTEREST A conflict of interest is when Broker or Licensee has a financial or personal interest where Broker or Licensee cannot put Seller's interests before any other. If Broker, or any of Broker's salespeople, fifs a conflict of interest, Broker will notify Seller in a timely manner. Seller Initials _*0_ Page 1 of 3 Broker/Licensee Initials C • 12. SETTLEMENT & POSSESSIQ A. Preferred Settlement Date: B. Seller will give possession of the Property to Buyer at settlement or on C. (1) If the Property, or any part of it, is rented, Seller will give any leases to Broker before signing this Contract. (2) If any leases are oral, Seller will provide a written summary of the terms, including amount of rent, ending date, and 'tenant's responsibilities. (3) Seller will not enter into or renew any lease during the term of this Contract except as follows: 13. TITLE A. At settlement, Seller will give full rights of ownership (fee simple) to a buyer except as follows: (1) Mineral Rights Agreements (2) Other B. Seller has: ?%s ? No Mortgage with l3. 1159.,1- c •' . Y- Address Phone Acct. # Amount of balance $ /1 5; cw - ? Yes ? No Equity loan with Address Phone Acct. # Amount of balance $ ? Yes ? No Seller authorizes Broker to receive mortgage payoff and/or equity loan payoff information from the tender. ? Yes ? No Past Due Taxes Amount owed $ ? Yes ? No Judgments Amount $ Type ? Yes ? No Municipal Assessments Amount $ ? Yes ? No Other Amount $ C. If Seller, at any time on or since January 1, 1998, has been obligated to pay support under an order that is on record in any Pennsylvania county, list the county and the Domestic Relations Number or Docket Number: 14. MULTIPLE LISTING SERVICE (MLS) (Complete if Broker is a member of an MLS) Broker will use a Multiple Listing Service to advertise the Property to other real estate salespersons, who can tell their clients and customers about it. Seller agrees that the MLS, the Broker, and the Licensee are not responsible for mistakes in the MLS description of the Property. ? Broker will not use a Multiple Listing Service to advertise the Property to other real estate salespersons. 15. PUBLICATION OF SALE PRICE A. Seller is aware that newspapers may publish the final sale price after settlement. B. Seller will allow publishing of the sale price after Seller accepts an Agreement of Sale. ? Yes W No 16. SIGNS & KEYS Seller allows (where permit it): ? Yes ? No Sale Sign ? Yes ? No Sold Sign ? Yes ? No Key in Office ? Yes ? No Lock Box ? Yes ? No 17. ITEMS INCLUDED IN THE PRICE OF THE PROPERTY A. Included in the sale and purchase price are all existing items permanently installed in the Property, free of liens, including plumbing; healing; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers and transmitters; television antennas; shrubbery, plantings, and unpotted trees; any remaining heating and cooking fuels stored on the Property at the time of settlement; wall to wall carpeting; window covering hardware, shades, and blinds; built-in air conditioners; built-in appliances, and the range/oven. Also included: B. ? See attached sheet for additional items included in the sale. 18. ITEMS NOT INCLUDED IN THE PRICE OF THE PROPERTY The following items are not included in the purchase and price of the Property: A. B. Items rented by the Seller C. ? See attached sheet for additional items not included in the sale. 19. SELLER WILL REVEAL DEFECTS & ENVIRONMENTAL HAZARDS A. Seller (including Sellers exempt from the Real Estate Seller's Disclosure Act) will disclose all known material defects and/or environmental hazards on a separate disclosure statement. A material defect is a problem or condition that: (1) is a possible danger to those living on the Property, or (2) has a significant, adverse effect on the value of the Property. B. If Seller fails to tell of known material defects and/or environmental hazards, (1) Seller will not hold Broker or Licensee responsible in any way; (2) Seller will protect Broker and Licensee from any claims, lawsuits, and actions that result; (3) Seller will pay all of Broker's and Licensee's costs that result. This includes attorneys' fees and court-ordered pay- ments or settlements (money Broker or Licensee pays to end a lawsuit or claim). 20. IF PROPERTY WAS BUILT BEFORE 1918 The Residential Lead-Based Paint Hazard Reduction Act says that any Seller of property built before 1978 must give the buyer an EPA pamphlet titled Protect Your Family From Lead in Your Home. The Seller also must tell the buyer and the Broker what the Seller knows about lead-based paint and lead-based paint hazards that are in or on the property being sold. Seller must tell the buyer how the Seller knows that lead-based paint and lead-based paint hazards are on the property, where the lead-based paint and lead-based paint hazards are, the condition of the painted surfaces, and any other information Seller knows about lead-based paint and lead-based paint hazards on the property. Any Seller of a pre-1978 structure must also give the buyer any records and reports that the Seller has or can get about lead-based paint or lead-based paint hazards in or around the property being sold, the common areas, or other dwellings in multi-family housing. According to the Act, a Seller must give a buyer 10 days (unless Seller and the buyer agree to a different period of time) from the time an Agreement of Sale is signed to have a "risk assessment" or inspection for possible lead-based paint hazards done on the property. Buyers may choose not to have the risk assessment or inspection for lead paint hazards done. If the buyer chooses not to have the assessment or inspection, the buyer must inform the Seller in writing of the choice. The Act does not require the Seller to inspect for lead paint hazards or to correct lead paint hazards on the property. The Act does not apply to housing built in 1978 or later. Seller Initials _.Ifi & __ Page 2 of 3 Brakerfl.icensee initials _ ??? 21. 22. 23. 24. 25. 26 DEPOSIT MONEY A. Broker, or any person Seller and the buyer name in the Agreement of Sale, will keep all deposit monies paid by or for the buyer in an escrow account. If held by Broker, this escrow account will be held as requited by real estate licensing laws and regulations. Seller agrees that the person keeping the deposit monies may wait to deposit any uncashed check that is received as deposit money until Seller has accepted an offer. B. If Seller joins Broker or Licensee in a lawsuit for the return of deposit monies, Seller will pay Broker's and Licensee's attorneys' fees and costs. RECOVERY FUND Pennsylvania has a Real Estate Recovery Fund (the Fund) to repay any person who has received a final court ruling (civil judgment) against a Pennsylvania real estate licensee because of fraud, misrepresentation, or deceit in a real estate transaction. The Fund repays persons who have not been able to collect the judgment after trying all lawful ways to do so. For complete details about the Fund, call (717) 783-3658, or (800) 822-2113 (within Pennsylvania) and (717) 783-4854 (outside Pennsylvania). TRANSFER OF THIS CONTRACT A. Broker will notify Seller immediately in writing if Broker transfers this Contract to another broker when: (1) Broker stops doing business, OR (2) Broker forms a new real estate business, OR (3) Broker joins his business with another. Seller agrees that Broker may transfer this Contract to another broker. Broker will notify Seller immediately in writing when a transfer occurs or Broker will lose the right to transfer this Contract. Seller will follow all requirements of this Contract with the new broker. B. Should Seller give or transfer the Property, or an ownership interest in it, to anyone during the term of this Contract, all owners will follow the requirements of this Contract. NOTICE TO PERSONS OFFERING TO SELL OR RENT HOUSING IN PENNSYLVANIA Federal and state laws make it illegal for a seller, a broker, or anyone to use RACE, COLOR, RELIGION or RELIGIOUS CREED, SEX, DISABI- LITY (physical or mental), FAMILIAL STATUS (children under 18 years of age), AGE (40 or older), NATIONAL ORIGIN, USE OR HANDLINGITRAINING OF SUPPORT OR GUIDE ANIMALS, or the FACT OF RELATIONSHIP OR ASSOCI- ATION TO AN INDIVIDUAL KNOWN TO HAVE A DISABILITY as reasons for refusing to sell, show, or rent properties, loan money, or set deposit amounts, or as reasons for any decision relating to the sale of property. NO OTHER CONTRACTS Seller will not enter into another listing agreement with another broker that begins before the Ending Date of this Contract. ADDITIONAL OFFERS ONCE SELLER ENTERS INTO AN AGREEMENT OF SALE, BROKER IS NOT REQUIRED TO PRESENT OTHER OFFERS. 27. ENTIRE CONTRACT This Contract is the entire agreement between Broker and Seller. Any verbal or written agreements that were made before are not a part of this Contract. 28. CHANGES TO THIS CONTRACT All changes to this contract must be in writing and signed by Broker and Seller. 29. SPECIAL INSTRUCTIONS The Office of the Attorney General has not pre-approved any special conditions or additional terms added by any parties. Any special conditions or additional terms in the Contract must comply with the Pennsylvania Plain Language Consumer Contract Act. ADDITIONAL INFORMATION (OPTIONAL) 30. TAXES, UTILITIES, & ASSOCIATION FEES A. At settlement, Seller will pay one-half of the total Real Estate Transfer Taxes, unless otherwise stated here: B. C. Real Estate Property Tax Assessment $ Wage/Income Tax Estimated Utilities (trash, water, sewer, electric, gas, oil, etc.) Yearly Taxes $ Per Capita Tax D. Association Fees $ Include: n n.?.o. 31. BUYER FINANCING Seller will accept the following arrangements for buyer to pay for the Property: ? Cash ? Buyer will apply for a mortgage. Type(s) of mortgages acceptable to Seller are: ? Yes ? No Conventional ? Yes ? No FHA ? Yes ? No VA ? Yes ? No Seller's help to buyer (if any): Seller has read the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336. All Sellers must sign this Contract. IN : IF SI NOTICE BEFORE SIGN SELLER i" Name (print) IR146EL Mailing Address Phone #s SELLER Name (print) Mailing Address Phone #s FAX # E-Mail BROKER (Company Name) Cl TE INC ACCEPTED BY nft7nA b DATE Mailing Address 3425 Market Street, Camp Hill, PA 17011 Phone #s (717) 761-6300 FAX #(717) 761-1455 E-Mail DATE SS# DATE HAS LEGAL QUESTIONS, SELLER IS ADVISED TO CONSULT AN ATTORNEY. Page 3 of 3 FAX # E-Mail ` u [ mG m .? ye K Y x a $ S I 2? ? 2 ? R E F.. a ~° X r( ? ?C ?LC n 7,n Yy ? 1 ?' ? C_ ?I S? ` P f )1! 0 S y :? a 3?.! ! ? oyZZ 'R?d ? yQ" x.„ mF 3??FPj '"? 3w m o ?e5 E •? LLF g L.eF C i6 ?=0 `e e 2 ?i ii kw ?m m ? 1 m 1 ;? e m? 5 ?• z { PP,? r ;Q Syr L? ?a om 7` uW0 ?f \ p vvM i.?..'?.ov F"N°. X16 x" a? ! ?Fg9Igr,p3 !jpea@a ad??Se5? Es€8 G.-g HIS !P E w z- s. •l" #q? Y z i Verification 1, Tara Dawn Hazen, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. Date: 3 ?? 2 106 ra Daw n Verification I, Michael Dubaich, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. Date: 311)106 lh Michael Dubaich 4 MICHAEL DUBAICH and IN THE COURT OF COMMON PLEAS OF TARA DAWN HAZEN CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 04-4173 CIVIL TERM RE/MAX REALTY ASSOCIATES, INC., : KIRK L. NACE, and CIVIL ACTION - LAW EK VENTURES, INC. Defendants Certificate of Service I hereby certify that I am this day servicing a true and correct copy of the foregoing Complaint upon the persons and in the manner indicated below, which service satisfies the requirements of Pa.R.C.P. No. 440: Service via Certified First Class Mail Addressed as follows: Jonathan H. Rudd, Esquire McNees Wallace & Nurick LLC 100 Pine Street PO Box 1166 Harrisburg, PA 17108-1166 Susan V. Metcalfe, Esquire McNees Wallace & Nurick LLC 100 Pine Street PO Box 1166 Harrisburg, PA 17108-1166 Service via Cumberland Countv Sheriff Addressed as follows: EK Ventures, Inc. 1 South Market Street Duncannon, PA 17020 Dated: ?W? By: Law Office of Richard P. Attorney ID # 28123 One West High Street PO Box 1290 Carlisle, PA 17013 717-241-6163 Attorney for Plaintiffs t: .a ; = ?- > ; ? .? ;, _ = ; ?; , , -,?-? --- _ ?:.? -, _; ?, . -? _ , `:,?, a -: t 3 r? '` .y .. fJ1 :{l -, ? -? Jonathan H. Rudd, Esquire McNEES WALLACE & NURICK LLC PA. I.D. No. 56880 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 717-237-5405 (phone) 717-237-5300 (fax) irudd cDmwn.com MICHAEL DUBAICH and TARA DAWN HAZEN, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4173 CIVIL TERM RE/MAX REALTY ASSOCIATES, INC., KIRK L. NACE, and EK VENTURES, INC., CIVIL ACTION - LAW Defendants DEFENDANTS' PRELIMINARY OBJECTIONS TO THE COMPLAINT 1. Preliminary Objection By All Defendants As To All Claims Asserted By Tara Dawn Hazen Based On Pa.R.Civ.P. 1028(a)(5) For Lack Of Capacity To Sue 1. Plaintiffs Michael Dubaich ("Dubaich") and Tara Dawn Hazen ("Hazen"), formerly husband and wife, have asserted numerous claims against all of the Defendants related to the Defendants alleged failure to properly market a 10 acre piece of property (hereinafter "Property") that they were attempting to sell as part of a larger business transaction. Ultimately, Defendant Kirk Nace ("Nace") purchased the Property at a price that netted the Plaintiffs $125,000. Plaintiffs now claim that Nace purchased the Property for below its fair market value, and that if the Defendants had properly marketed the Property, the Plaintiffs would have obtained more than a net of $125,000. 2. The only contractual relationship between the parties regarding the marketing of the Property is the Listing Agreement between Defendant Re/Max Realty Associates, Inc. ("Re/Max") and Dubaich. A copy of the Listing Agreement is attached to the Complaint as Exhibit B. Hazen was not a party to the Listing Agreement. 3. Since Hazen was not a party to the Listing Agreement, she does not have standing or the capacity to sue the Defendants for the alleged breach of the Listing Agreement, nor for any other claim that allegedly arises from the alleged breach of the Listing Agreement. WHEREFORE, Plaintiff Tara Dawn Hazen's claims against all of the Defendants should be dismissed based on her lack of standing and capacity to sue. II. Preliminary Objection In The Nature Of A Demurrer By Defendant EK Ventures, Inc. As To All Claims Asserted Against EK Ventures. Inc. 4. Plaintiffs allege that Defendant EK Ventures, Inc. ("Ventures') agreed to purchase the Property at a cost that would net the Plaintiffs $125,000 by December 14, 2002, if another satisfactory buyer was not found before that time. Plaintiffs attach to the Complaint as Exhibit D a letter from Ventures dated December 14, 2001, supporting this alleged obligation of Ventures. 5. Plaintiffs allege that on or about December 12, 2002, they sold the Property to Nace in his individual capacity. Plaintiffs attach to the Complaint as Exhibit G a copy of the Settlement Statement reflecting the sale of the Property from Plaintiffs to Nace. 6. Plaintiffs do not allege any facts supporting a claim against Ventures. 7. The only facts alleged by Plaintiffs regarding Ventures' involvement in this entire transaction was its agreement to purchase the property for an amount designed to net the Plaintiffs $125,000 if they did not find another satisfactory buyer by December 14, 2002. (See Complaint at Exhibit D). The Plaintiffs sold the Property to another buyer on December 12, 2002, thereby eliminating any obligation for Ventures to 2 purchase the Property. 8. Plaintiffs do not even allege that Ventures breached its Agreement to purchase the Property for an amount that would net the Plaintiffs $125,000, since the Property was sold to another buyer for an amount that netted the Plaintiffs $125,000. 9. Although Plaintiffs repeatedly refer to "Defendants" collectively, they have failed to set forth any basis for holding Ventures liable under any theory of law, and all of their claims against Ventures should be dismissed. WHEREFORE, Plaintiffs claims against Defendant EK Ventures, Inc. should be dismissed based on legal insufficiency/demurrer pursuant to Pa.R.Civ.P. 1028(a)(4). III. Preliminary Objection In The Nature Of A Demurrer By All Defendants As To All Tort Claims Based On The "Gist Of The Action Doctrine" 10. Plaintiffs assert a number of claims in tort or sounding in tort (Count I - Tort, Count III - Fraud, Count IV - Negligent and/or Intentional Infliction of Emotional Distress, Count V - Personal Injury, Count VI - Demand for Punitive Damages, and Count VII - Violation of the Unfair Trade Practices and Consumer Protection Act). 11. In Count II, Plaintiffs assert a claim for Breach of Contract. 12. The gist of Plaintiffs action is that Re/Max breached its contractual obligations under the Listing Agreement to market and sell the Property, which allegedly resulted in Plaintiffs selling the Property to Nace for an amount less than its fair market value. 13. Plaintiffs cannot recast their breach of contract claim as tort claims. 14. Plaintiffs are seeking to recover alleged economic losses as a result of Re/Max's alleged breach of the Listing Agreement. For example, Plaintiffs are claiming in Count I - Tort, paragraphs 75 and 76 that they sustained certain economic losses allegedly caused by selling the Property at an amount below fair market value. These 3 are claims that sound in contract and not in tort. 15. Another example of Plaintiffs simply recasting their contract claim as tort claims is in Count III - Fraud at paragraph 106.A. where the Plaintiffs allege that part of the Defendants' alleged fraud was "breaching the contract with Plaintiffs." 16. All of Plaintiffs' claims sound the same in that in each claim they allege that they ended up selling the Property for less than its fair market value based on Defendants' alleged actions or inactions. This is nothing more than a claim for breach of contract against Re/Max for allegedly failing to carry out its duties under the Listing Agreement. WHEREFORE, all of Plaintiffs' tort claims against the Defendants should be dismissed based on legal insufficiency/demurrer pursuant to Pa.R.Civ.P. 1028(a)(4). IV. Preliminary Objection In The Nature Of A Demurrer By Defendants Ventures And Nace As To Count II - Breach Of Contract 17. Although Plaintiffs attach a number of different contracts to the Complaint, based on the facts alleged in the Complaint, the only contract that was allegedly breached was the Listing Agreement between Dubaich and Re/Max. As discussed above, there are no facts to support a claim that Ventures breached its agreement to purchase the Property if another suitable buyer did not purchase it prior to December 14, 2002. There was apparently an agreement between Plaintiffs and Nace for the actual purchase of the Property. However, there are no allegations that Nace did not carry out his obligations under this agreement and actually pay Plaintiffs the agreed upon amount. Accordingly, the only agreement that was allegedly breached is the Listing Agreement between Re/Max and Dubaich. 18. Ventures and Nace are not parties to the Listing Agreement. Although Nace signed the Listing Agreement on behalf of Re/Max, he is not a party to the Listing 4 Agreement in his individual capacity. Rather, he signed as an agent for Re/Max. 19. Plaintiffs have no legal basis for suing an agent for an alleged breach of contract of the principal. Regardless of whether Nace might have been the agent involved in this transaction, from a legal standpoint, the contract was with Re/Max, and any breach of contract claim is limited to Re/Max and not the agents who might have actually acted or failed to act. Plaintiffs have once again blurred the distinction between contract and tort by trying to hold the agent contractually responsible. Although an agent can be sued in tort in appropriate circumstances, an agent who is not a party to the contract cannot be sued in contract, but the claim must be brought against the principal. WHEREFORE, Plaintiffs breach of contract claim against Defendants EK Ventures, Inc. and Kirk Nace should be dismissed based on legal insufficiency/demurrer pursuant to Pa.R.Civ.P. 1028(a)(4). V. Preliminary Objection In The Nature Of A Motion to Strike Demand For Attorneys' Fees Pursuant To Pa.R.Civ.P. 1028(a)(2). 20. Throughout their Complaint, Plaintiffs demand the recovery of attorneys' fees. 21. Except for Count VII - Violation of Unfair Trade Practices and Consumer Protection Act, the Plaintiffs have not asserted a basis for the recovery of attorneys' fees. 22. Attorneys' fees are only recoverable if provided for in a contract or statute. Plaintiffs do not allege any contractual basis for the recovery of attorneys' fees, and the only statutory basis is limited to the claims asserted in Count VII. 23. Plaintiffs' pleading fails to conform to law by demanding attorneys' fees in all eight counts, despite that only the claims asserted in Count VII provide any basis for 5 claiming attorneys' fees. WHEREFORE, Plaintiffs' demand for attorneys' fees should be stricken for failure to conform to law in all counts except for Count VII pursuant to Pa.R.Civ.P. 1028(a)(2). VI. Preliminary Objection In The Nature Of A Motion to Strike Demand For Punitive Damages Asserted in Count II - Breach Of Contract and Count VI - Demand for Punitive Damage Pursuant To Pa.R.Civ.P. 1028(a)(2) 24. In Count II - Breach of Contract, Plaintiffs demand punitive damages. 25. Punitive damages are not recoverable in a claim for breach of contract. 26. In Count VI - Demand for Punitive Damages, Plaintiffs seemingly attempt to assert a cause of action for punitive damages. 27. A demand for punitive damages is not a cause of action, and cannot be asserted as an independent count in a complaint. 28. Plaintiffs' pleading fails to conform to law by demanding punitive damages in a claim for breach of contract and as a separate cause of action. WHEREFORE, Plaintiffs' demand for punitive damages should be stricken for failure to conform to law in Counts II and VI pursuant to Pa.R.Civ.P. 1028(a)(2). VII. Preliminary Objection In The Nature Of A Demurrer By All Defendants As To Count IV - Negligent and/or Intentional Infliction of Emotional Distress 29. Plaintiffs claim throughout the Complaint that the alleged financial loss that they suffered when they sold the Property for less than its fair market value caused them severe emotional distress. 30. Plaintiffs claim that the emotional distress caused by this alleged financial loss resulted in their divorce. 31. In Count IV, Plaintiffs assert a claim for negligent or intentional infliction of emotional distress. 32. In order to state a claim for negligent infliction of emotional distress, the 6 Plaintiffs must allege that they witnessed some accident to a close relationship that resulted in some direct emotional impact, and must further allege that they suffered direct physical injury as a result of actually witnessing the harm to the person in close relationship. 33. Plaintiffs have not alleged any accident, or any facts that would support a claim for negligent infliction of emotional distress. 34. In order to state a claim for intentional infliction of emotional distress, the Plaintiffs must allege intentional outrageous or extreme conduct by the defendant, which results in both emotional distress and physical injury to the plaintiffs. 35. Plaintiffs' claims arising from an alleged breach of the Listing Agreement do not arise to the type of conduct that is intentionally outrageous or extreme such as to state a claim for intentional infliction of emotional distress. 36. Plaintiffs have not alleged any physical injury that resulted from the alleged intentionally outrageous or extreme conduct. WHEREFORE, Plaintiffs' claim for negligent or intentional infliction of emotional distress against the Defendants should be dismissed based on legal insufficiency/demurrer pursuant to Pa.R.Civ.P. 1028(a)(4). VIII. Preliminary Objection In The Nature Of A Demurrer to Count V - Personal Injury Pursuant To Pa.R.Civ.P. 1028(a)(4) 37. In Count V - Personal Injury, Dubaich claims that as a result of the apparent stress caused by the events described in the Complaint, his Parkinson's disease has become worse and he has been required to take stronger medications. He further claims that his life and work expectancy has been reduced by these events. He further alleges that there is a cyclical effect to the emotional stress he suffered, since he has now suffered even an increased degree of emotional stress apparently 7 worrying about his Parkinson's disease and alleged shortened life expectancy. 38. A demand for "Personal Injury" is not a separate cause of action. 39. A claim for personal injury must relate to some actionable tort. 40. Plaintiffs do not have any actionable tort that would support Dubaich's claim for the alleged increased personal injury associated with his Parkinson's disease. 41. Dubaich's allegations regarding the impact this alleged breach of contract matter has had on his Parkinson's disease, including a possible shortened work and life expectancy, are entirely too speculative to form the basis of any demand for damages. No one can know how his disease would have progressed under a completely stress free environment, and it is complete speculation that he will die any sooner because of Re/Max's alleged breach of contract. WHEREFORE, Dubaich's separate count for Personal Injury should be dismissed or stricken based on legal insufficiency/demurrer pursuant to Pa.R.Civ.P. 1028(a)(4) or for failure to conform to rule of law pursuant to Pa,R.Civ.P. 1028(a)(2). IX. Preliminary Objection In The Nature Of A Demurrer to Count VII - Violation of Unfair Trade Practices and Consumer Protection Act Pursuant To Pa.R.Civ.P. 1028(a)(4) 42. In Count VII, Plaintiffs allege that the Defendants violated the Unfair Trade Practices and Consumer Protection Act ("UTPCPA"), 73 P.S. §201-1, et seq. 43. In order to bring a claim for violation of the UTPCPA, the plaintiffs must demonstrate that they purchased services primarily for personal, family or household purposes. 44. Plaintiffs did not purchase Re/Max's services for personal, family or household purposes. 45. Plaintiffs entered into the Listing Agreement for business purposes. 8 46. Plaintiffs never lived on the Property, and never had any intention of living on the Property. 47. As described in the Complaint, Plaintiffs were developing an equestrian business. They intended to use 50 acres from the 63 acres purchased from the Boyers to further this equestrian business. They intended to sell the remaining 13 acres as a business investment. 48. Further, Plaintiffs did not contract with Ventures or Nace in his individual capacity to provide any service to the Plaintiffs. WHEREFORE, Plaintiffs claim for violation of the UTPCPA should be dismissed based on legal insufficiency/demurrer pursuant to Pa.R.Civ.P. 1028(a)(4). X. Preliminary Objection In The Nature Of A Demurrer to Count VIII -Violation of the Real Estate Settlement Procedures Act Pursuant To Pa.R.Civ.P. 1028(a)(4) 49. In Count VIII, Plaintiffs allege that the Defendants violated the Real Estate Settlement Procedures Act ("RESPA") 12 USCS §2602 et seq. 50. RESPA only applies to a "federally related mortgage loan". 51. Plaintiffs make no allegation that the loan Nace obtained to purchase the Property from Plaintiffs was a "federally related mortgage loan". 52. RESPA only controls certain "settlement services". 53. Re/Max's services associated with marketing the Property pursuant to the Listing Agreement is not a "settlement service." 54. RESPA does not apply to a business purpose loan,. 55. Nace's loan to purchase the Property was a business purpose loan. 56. Neither Re/Max, Ventures or Nace provided any "settlement service" to Plaintiffs. WHEREFORE, Plaintiffs claim for violation of RESPS should be dismissed 9 based on legal insufficiency/demurrer pursuant to Pa.R.Civ.P. 1028(a)(4). XI. Preliminary Objection In The Nature Of A Motion to Strike All References To Defendants Allegedly Causing The Plaintiffs' Divorce Pursuant To Pa.R.Civ.P. 1028(a)(2). 57. Throughout their Complaint, Plaintiffs claim that the Defendants' conduct caused their divorce. 58, In essence, Plaintiffs are attempting to assert some type of claim for tortious interference with marital relations or alienation of affections. 59. Pennsylvania has abolished all torts and claims associated with the marital relationship, and Plaintiffs have no basis for alleging or seeking any damages from Defendants for allegedly having caused their divorce. 60. Plaintiffs' allegations border on being unlawful pursuant to 23 Pa.C.S.A. §1904. 61. Plaintiffs' pleading fails to conform to rule of law in seeking to hold Defendants responsible for their divorce. 10 WHEREFORE, Plaintiffs' repeated references and demands with respect to the Defendants allegedly causing their divorce should be stricken for failure to conform to law pursuant to Pa.R.Civ.P. 1028(a)(2). McNEES WALLACE & NtU?RICK LLC B ? P" I J nathan H. Rudd, Esquire ttorney I.D. No. 56880 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5405 Attorneys for Defendants Kirk L. Nace, EK Ventures, Inc., and Re/Max Realty Associates, Inc. Dated: April 7, 2006 11 CERTIFICATE OF SERVICE I hereby certify that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Richard P. Mislitsky, Esquire One West High Street P.O. Box 1290 Carlisle, PA 17013 Mark W. Allshouse, Esquire 4833 Spring Road Shermans Dale, PA 17090 McNEES WALLACE & NURICK LLC /Jonathan H. Rudd, Esquire ?/ Attorney y I.D. No. 56880 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defendants Kirk L. Nace, EK Ventures, Inc., and Re/Max Realty Associates, Inc. Dated: April 7, 2006 r i ? l ?-- ? PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. Michael Dubaich and Tara Dawn Hazen Plaintiff V. Re/MAX Realty Associates, Inc., Kirk L. Nace and EK Ventures, Inc. Defendants No. 04-4173, Civil Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendants' Preliminary Objections to Plaintiffs' Complaint 2. Identify counsel who will argue cases: a. for plaintiffs: Richard P. Mislitsky, Esquire One West High Street Carlisle, PA 17013 b. for defendants: Jonathan H. Rudd, Esquire McNees Wallace & Nurick LLC 100 Pine Street, P.O. box 1166 Harrisburg, PA 17108-1166 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: May 17, 2006 Dated: April 21, 2006 Si nature Jonathan H. Rudd Attorney for Plaintiff CERTIFICATE OF SERVICE I, Joanne M. Bartley, secretary to Jonathan H. Rudd, Esquire, certify that on this 21st day of April, 2006, a true and correct copy of the foregoing document was served by United States First Class Mail, postage prepaid, upon the following: Richard P. Mislitsky, Esquire One West High Street P.O. Box 1290 Carlisle, PA 17013 Mark W. Allshouse, Esquire 4833 Spring Road Shermans Dale, PA 17090 XDahne M. Bartley (' C. r? MICHAEL DUBAICH and IN THE COURT OF COMMON PLEAS OF TARA DAWN HAZEN CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 04-4173 CIVIL TERM RE/MAX REALTY ASSOCIATES, INC., : KIRK L. NACE, and CIVIL ACTION - LAW - EK VENTURES, INC. JURY TRIAL DEMANDED Defendants Praecipe To the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Please mark the docket "Jury Trial Demanded" by the Plaintiffs. Date: 5 -r? v 6 Richard P. Mislitsk Es uire Y, q Attorney ID # 28123 One West High Street P.O. Box 1290 Carlisle, PA 17013 717-241-6363 Attorneys for Plaintiff Res tfully submitted, t .i MICHAEL DUBAICH and IN THE COURT OF COMMON PLEAS OF TARA DAWN HAZEN CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 04-4173 CIVIL TERM RE/MAX REALTY ASSOCIATES, INC., : KIRK L. NACE, and CIVIL ACTION -LAW EK VENTURES, INC. Defendants Certificate of Service I hereby certify that I am this day servicing a true and correct copy of the foregoing Praecipe upon the persons and in the manner indicated below, which service satisfies the requirements of Pa.R.C.P. No. 440: Service via Fax and U.S. First Class Mail Addressed as follows: Jonathan H. Rudd, Esquire McNees Wallace & Nurick LLC 100 Pine Street PO Box 1166 Harrisburg, PA 17108-1166 Fax: 717-237-5300 Susan V. Metcalfe, Esquire McNees Wallace & Nurick LLC 100 Pine Street PO Box 1166 Harrisburg, PA 17108-1166 Fax: 717-237-5300 B ( W Law Office of Richard P. Misli Attorney ID # 28123 One West High Street PO Box 1290 Carlisle, PA 17013 717-241-6363 Attorney for Plaintiffs Dated: ?` /VlA Z voG 2 C? q ri?J. i 1 SHERIFF'S RETURN - OUT OF COUNTY r' CASE NO: 2004-04173 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DUBAICH MICHAEL ET AL VS EK VENTURES INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: EK VENTURES INC but was unable to locate Them deputized the sheriff of PERRY serve the within WRIT OF SUMMONS County, Pennsylvania, to On April 3rd , 2006 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Perry County 36.35 Postage 1.17 74.52 04/03/2006 RICHARD MISLITSKY Sworn and subscribed to before me this ? day of MAU jp6 A.D. Pro ota y in his bailiwick. He therefore In The Court of Common Pleas of Cumberland County, Pennsylvania Michael Dubiach et al VS. RE/MAX Realty Associates Inc et al 04-4173 civil SERVE: EK Ventures Inc No. Now, max h 99. 2nn6 > 1, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry county to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, . within upon _ at March 27, -- - Notice & Complaint 20 06 , at 9: 11 o'clock A M. served the EK Ventures, Inc. 6 South Market St. Duncannon, PA 17020(Duncannon Borough) by handing to Megan Sands - Person In 'Charge a True & Attested copy of the original Notice & Complaint and made known to Her the contents thereof. So answers, Aaron D. Richards Uri /V A. / / ch??:? ,M-k Deputy Sheriff of Perry County, PA COSTS Sworn and subscribed before! SERVICE $ me this 2?:1ay of mgW` , 20 MILEAGE AFFIDAVIT NomR"6'" $ ff8L0K0MrF,1,i&,[UD'6 OR0. pERRY COUt MION EXPIRES FEB.16 MICHAEL DUBAICH And TARA DAWN HAZEN, Plaintiffs V. RE/MAX REALTY ASSOCIATES, INC., KIRK L. NACE, and EK VENTURES, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-4173 CIVIL TERM IN RE: DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT BEFORE HESS, OLER and EBERT, JJ. ORDER OF COURT AND NOW, this P day of August, 2006, upon consideration of Defendants' preliminary objections to Plaintiffs' complaint, and for the reasons stated in the accompanying opinion, it is ordered and directed as follows: 1. Plaintiffs' requests for attorney's fees are stricken with the exception of the request contained in Count VII (claim under Pennsylvania's Unfair Trade Practices and Consumer Protection Law); 2. Count II (breach of contract) is dismissed as to Defendant EK Ventures, Inc.; 3. The demand for punitive damages in Count II (breach of contract) is stricken; 4. Count V (claim for "personal injury") is dismissed; 5. Count VI (claim for punitive damages) is dismissed; 6. The reference to the Plaintiffs' divorce is stricken; and 7. In all other respects, Defendant's preliminary objections are denied. ?? r t Z :£ Old £? `Jtltl ?? ???.? BY THE Jr., O1). chard P. Mislitsky, Esq. One West High Street P.O. Box 1290 Carlisle, PA 17013 Attorney for Plaintiffs vit/nathan H. Rudd, Esq. 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Attorney for Defendants ffl *ts? 0 In substance, Plaintiffs allege that Defendants fraudulently induced Plaintiffs to purchase a tract of land and subject a portion of it to an exclusive listing agreement with the unstated intention of forcing Plaintiffs to sell that portion below market value to one of the Defendants when the listing agent's duties under the agreement were not performed.9 For disposition at this time are preliminary objections filed by Defendants to Plaintiffs' complaint. Defendants' preliminary objections consist of (1) a motion to dismiss Plaintiff Tara Dawn Hazen as a party to the action on the basis of a "lack of capacity to sue,"10 (2) a demurrer as to all claims against Defendant EK Ventures, Inc., on the basis of an absence of any allegations of wrongdoing on its part," (3) a demurrer as to all tort claims against all Defendants on the basis of the incompatibility of such claims with the "gist-of-the-action doctrine," 12 (4) a demurrer as to Plaintiffs' claims for breach of contract against Defendants EK Ventures, Inc., and Kirk L. Nace on the basis of an absence of allegations of their being parties to any contract breached, 13 (5) a demurrer as to Plaintiffs' claims for attorney's fees except as they relate to Plaintiffs' claim under Pennsylvania's Unfair Trade Practices and Consumer Protection Law, on the basis of an absence of statutory or contractual authority therefor, 14 (6) a motion to strike as without legal foundation Plaintiffs' claims for punitive damages to the extent that they are asserted as an independent cause of action or as a remedy for breach of contract, 15 (7) a demurrer as to Plaintiffs' claims for negligent or intentional infliction of emotional distress in the absence of allegations of outrageous conduct or bystander 9 See generally Complaint. 10 Defendants' Preliminary Objections to Plaintiffs' Complaint, filed May 5, 2006 ("Preliminary Objections") para. 1-3. " Id., para. 4-9. 12 Id., para. 10-16. "Id., para. 17-19. 14 Id., para. 21-23. 15 Id., para. 24-28. 2 status and physical harm, 16 (8) a demurrer as to Plaintiffs' claim for "personal injury," on the basis of the nonexistence in law of an independent tort of this nature, 17 (9) a demurrer as to Plaintiffs' claim under Pennsylvania's Unfair Trade Practices and Consumer Protection Act on the basis of the absence of the element of personal, family or household purpose requisite to such a cause of action, 18 (10) a demurrer as to Plaintiff's claim under the federal Real Estate Settlement Procedures Act on the basis of the absence of the elements of a "federally related mortgage loan ," "settlement services," and non-business purpose loan requisite to such a cause of action, 19 and (11) a demurrer as to those portions of Plaintiffs' complaint seeming to request damages for the dissolution of Plaintiffs' marriage, on the basis of the legislative abolition of alienation-of-affection suits 20 Argument on Defendants' preliminary objections was held on May 17, 2006. For the reasons stated in this opinion, the preliminary objections will be sustained in part and denied in part. STATEMENT OF FACTS The allegations of Plaintiffs' complaint will be summarized in the succeeding paragraphs. This summary of the allegations is, of course, in no way intended to represent an endorsement by the court of their factual accuracy. Plaintiffs Michael Dubaich and Tara Dawn Hazen, formerly husband and wife, are adult individuals residing at 188 Equitation Way, Millerstown, Perry County, Pennsylvania. 21 Defendant RE/MAX Realty Associates, Inc., is "a corporation and a franchise which is privately owned [and maintains] a business 16 Id., para. 29-36. Id., para. 37-41. 18Id., para. 42-48. 19 Id., para. 49-56. 20 Id., para. 57-61. 21 Plaintiffs' Complaint, para. 1. 3 address of 3425 Market Street, Camp Hill, Cumberland County, Pennsylvania. ,22 Defendant Kirk L. Nace is an adult individual having a business address of 3425 Market Street, Camp Hill, Cumberland County, Pennsylvania. 23 Defendant EK Ventures, Inc., is a Pennsylvania corporation having an address of One South Market Street, Duncannon, Perry County, Pennsylvania.za At all times pertinent to the action, Defendant Nace was an agent of Defendant RE/MAX25 and president of Defendant EK Ventures.26 All Defendants were linked in a common "business relationship."27 On October 13, 2001, Plaintiffs entered into an agreement of sale with B. Bruce Boyer and Wanda L. Boyer (the Boyer Agreement) for the purchase of property in Tuscarora Township, Perry County, Pennsylvania, by Plaintiffs from the Boyers for $250,000.00.28 Defendant RE/MAX was the listing broker as to the property, Defendant Nace was the "designated agent" in this regard, and "the terms of the Boyer Agreement were suggested and/or promoted by the Defendants and such actions and representations were instrumental in Plaintiffs' decision to not only purchase the Property but also in Plaintiff's decision to accept the terms of the Boyer Agreement. ,29 Under the agreement, Plaintiffs were to pay the Boyers $125,000.00 at settlement and $125,000.00 within one year thereafter.30 "Closing" occurred on 22 Id., para. 2. 23 Id., para. 4. 24 Id., para. 7. 21 Id., para. 5. 26 Id., para. 10 and Exhibit D. 17 Id., para. 11. 28 Id., para. 14 and Ex. A. 29 Id., para. 15. 30 Id., paras. 16-17. 4 December 14, 2001, and a mortgage in favor of the Boyers securing payment of the balance of the purchase price in the amount of $125,000.00 was executed.32 In connection with this transaction, Defendants had recommended that Plaintiffs subdivide the property purchased into four parcels: a fifty-acre tract which would contain Plaintiffs' home and business; a ten-acre tract containing an existing house and barn; and two one-and-a-half acre tracts. 33 Based upon representations by Defendant RE/MAX (a) that the ten-acre tract could be sold within a year for more than the $125,000.00 balance which Plaintiffs owed to the Boyers 34 and (b) that Defendant RE/MAX would buy the property for $125,000.00 if it did not sell,35 this tract was immediately subjected to an exclusive listing agreement signed by Plaintiff Michael Dubaich on behalf of the sellers, wherein Defendant RE/MAX was identified as the broker and Defendant Nace was identified as the "licensee."36 This listing agreement was executed by Defendant Nace.37 Pursuant to a prearranged plan among Defendants,38 the property was not marketed with a view toward selling it to a third party, 39 as a result of which Defendants successfully forced a distress sale below market value to Defendant EK Ventures, Inc. 40 In the process, Defendants attempted to enlist Plaintiffs' assistance in defrauding the lender that financed the purchase by Defendant EK Ventures by " Id., para. 16. 32 Id., para. 14 and Ex. A. 33 Id., para. 18. 34 Id., paras. 18, 22. " Id., paras. 18, 24. 36 Id., para. 23; See also paras. 20-21 regarding the other three listing agreements. 37 Id., para. 46 and Ex. F. '8 Id., para. 38. 39 Id., paras. 28-30. 40 Id., paras. 36-37, 40. 5 true." Powell v. Drumheller, 539 Pa. 484, 489, 653 A.2d 619, 621 (1995). A preliminary objection to a complaint in the nature of a demurrer should be sustained only when, "on the facts averred, the law says with certainty that no recovery is possible." Id. If any doubt exists as to whether a demurrer should be sustained, "this doubt should be resolved in favor of the "non-moving party." Presbyterian Medical Center v. Budd, 2003 PA Super 347, 16, 832 A.2d 1066, 1070. Incapacity of Plaintiff Tara Dawn Hazen. Nothing in Plaintiff's complaint would lead to a conclusion that Plaintiff Tara Dawn Hazen lacks capacity to sue in the usual sense of that term. To the extent that Defendant's request that she be dismissed from the action is based upon the absence of her signature on certain documents, it is premature to conclude that her interest was not understood by the parties to have been represented by her husband's execution of the documents. See generally Guy v. Liederbach, 501 Pa. 47, 459 A.2d 744 (1983); Davin v. Davin, 842 A.2d 469 (Pa. Super. 2004). Accordingly, Defendants' preliminary objection based upon Plaintiff Hazen's alleged lack of capacity to sue will be denied. Demurrer As to All Claims against Defendant EK Ventures. The gist of Plaintiffs' complaint is that Defendants successfully conspired to force Plaintiffs to sell property at a distress price through the instrumentality of the nonperformance of an exclusive listing agreement. Given this allegation, it would be premature to dismiss the complaint against a given defendant on the theory that no cause of action could exist against it. Demurrer to Tort Claims Based upon Gist-of-the-Action Doctrine. The purpose of the gist-of-the-action doctrine is to maintain the distinction between contract and tort claims. Etoll, Inc. v. Elias/Savion Advertising, Inc., 2002 PA Super 347, ¶14, 811 A.2d 10, 14. Even though tort and contract claims derive from the common law, distinct differences exist between the two causes of action. Id. (noting that tort actions arise from duties imposed by law for public policy 7 reasons and that contract claims arise from duties created by agreement of the parties). Under this doctrine, for a breach of contract claim to constitute an actionable tort, the wrong "ascribed to the defendant must be the gist of the action, the contract being collateral." Id. "[T]he gist of the action is contractual where the parties' obligations are defined by the terms of the contract, and not by the larger social policies embodied by the law of torts." Air Products and Chemicals, Inc. v. Eaton Metal Products Co., 256 F. Supp. 2d 329, 342 (E.D. Pa. 2003) (citation omitted). Courts applying the gist-of-the-action doctrine have found the gist of the action to be contractual where fraud in the performance of a contract defines the claim and to be tortious where fraud in the inducement of the contract characterizes it. See, e.g., id. In the present case, where (a) the non-performance of a listing agreement is alleged to have been one aspect of a conspiracy to defraud and (b) this conspiracy is alleged to have preceded the execution of a series of contracts by Plaintiffs, it can not be said that the tort of fraud is merely incidental to Plaintiffs' contractual claim. Contract Claims against Defendant EK Ventures and Defendant Nace. In general, "[i]n Pennsylvania, a person who is not a party to a contract cannot be held liable for a breach by one of the parties to a contract. Fleetway Leasing Co. v. Wright, 697 A.2d 1000, 1003 (Pa. Super. 1997). In addition, "[i]t is a basic tenet of agency law that an individual acting as an agent for a disclosed principal is not personally liable on a contract between the principal and a third party unless the agent specifically agrees to assume liability." Casey v. GAF Corp., 828 A.2d 362, 369 (Pa. Super. 2003). Where fraud is involved, however, this general rule is not always applied. Testerman v. Buck, 340 Md. 569, 667 A.2d 649 (1995). In the present case, with respect to Defendant EK Ventures, Plaintiffs' complaint is devoid of allegations which would warrant a finding of breach of contract; accordingly, this aspect of Plaintiffs' complaint will be dismissed. On 8 the other hand, with respect to Defendant Nace, it can not be said with certainty that no recovery is possible on a contract theory; accordingly, the request for dismissal of this claim will not be granted. Attorney's fees. In Pennsylvania, attorney's fees associated with litigation are recoverable by a successful party only on the basis of (1) the existence of a clear agreement between the parties providing for their recovery, (2) express statutory authorization, or (3) some otherwise established exception. Merlino v. Delaware County, 556 Pa. 422, 425, 728 A.2d 949, 951 (1999). Although statutory authority exists for a recovery of attorney's fees under Pennsylvania's Unfair Trade Practices and Consumer Protection Law,50 such an award is not authorized for other claims in Plaintiffs' complaint where they seem to be requested, and the request for this form of relief as to those claims will accordingly be stricken. Punitive Damages. Punitive damages, as a general rule, are not recoverable for breach of contract. Thorsen v. Iron and Glass Bank, 328 Pa. Super. 135,143, 476 A.2d 928, 932 (1984). Nor is there an independent cause of action for punitive damages. Kirkbride v. Lisbon Contractors, Inc., 521 Pa. 97, 101, 555 A.2d 800, 802 (1989); Cumberland County Children & Youth Services, 802 A.2d 1239, 1252 (Pa. Commw. 2003). Accordingly, Plaintiffs' independently-stated claim for punitive damages will be dismissed, and Plaintiffs' demands for punitive damages as they relate to their breach of contract claims will be stricken. Negligent or Intentional Infliction of Emotional Distress. Section 313 of the Restatement (Second) of Torts provides, in pertinent part, as follows: (1) If [an] actor unintentionally causes emotional distress to another, he is subject to liability to the other for resulting illness or bodily harm if the actor (a) should have realized that his conduct involved an unreasonable risk of causing the distress, otherwise than by knowledge of the harm or peril of a third person, and so See 73 P.S. § 201-9.2(a). 9 (b) from facts known to him should have realized the distress, if it were caused, might result in illness or bodily harm. (2) The rule stated in Subsection (1) has no application to illness or bodily harm of another which is caused by emotional distress arising solely from harm or peril to a third person, unless the negligence of the actor has otherwise created an unreasonable risk of bodily harm to the other. It is apparent that an essential element of any claim for negligent infliction of emotional distress is negligence. Brown v. Philadelphia College of Osteopathic Medicine, 760 A.2d 863, 868 (Pa. Super. 2000). Such negligence is conduct that "violat[es] a duty of care designed to protect another from a fright or other emotional disturbance which the actor should recognize as involving an unreasonable risk of bodily harm ...." Restatement (Second) of Restatement of Torts, §346(1); see Crivellaro v. Pennsylvania Power & Light Co., 341 Pa. Super. 173, 178, 491 A.2d 207, 209 (1985). In the case sub judice, while it may be argued that Defendants violated a duty toward Plaintiffs by the commission of fraud, breach of contract, or other economic wrong, the aspect of an unreasonable risk of bodily harm characteristic of negligent infliction of emotional distress cases is not present. For this reason, Defendants' preliminary objection to this claim will be granted. The type of outrageous or extreme conduct requisite for a claim of intentional infliction of emotional distress is conduct that exceeds "all possible bounds of decency, and [is] regarded as atrocious, and utterly intolerable in a civilized society." Hoy v. Angelone, 554 Pa.. 134, 151, 720 A.2d 745, 754 (1998). In this regard, it has been observed that [i]t has not been enough that the defendant has acted with intent which is tortious or even criminal, or that he has intended to inflict emotional distress, or even that his conduct has been characterized by "malice," or a degree of aggravation that would entitle the plaintiff to punitive damages for another tort. Id. 10 In the present case, the alleged perpetration of an economic fraud upon Plaintiffs, in the form and of the magnitude asserted, does not rise to the level of conduct fairly described as exceeding "all possible bounds of decency" and "utterly intolerable in a civilized society." Accordingly, Plaintiffs' claim for intentional infliction of emotional distress will also be dismissed. "Personal injury" claim. "Personal injury" may be a compensable item of damage with respect to a given cause of action, but, like punitive damages, it is not itself an independent cause of action. For this reason, Plaintiffs' count for "personal injury" will be dismissed. Alleged violation of Pennsylvania's Unfair Trade Practices and Consumer Protection Law. Under Section 9.2(a) of Pennsylvania's Unfair Trade Practices and Consumer Protection Law, the circumstances under which a private action may be brought for a violation of the act are limited as follows: Any person who purchases or leases goods or services primarily for personal family or household purposes and thereby suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by any person of a method, act or practice declared unlawful by section 3 of this act, may bring a private action to recover actual damages or one hundred dollars ($100), whichever is greater.... The court may award to plaintiff, in addition to other relief rovided in this section, costs and reasonable attorney fees. ?l Pennsylvania's Unfair Trade Practices and Consumer Protection Law is intended, as the name suggests, to be protective in nature. Limiting its application in an overly restrictive way is not to be encouraged. Valley Forge Towers South Condominium v. Ron-Ike Roam Insulators, Inc., 393 Pa. Super. 339, 345, 574 A.2d 641, 646 (1990). In the present case, it would be premature to conclude that the transactions of which Plaintiffs complain, arising out of a purchase of land intended, in part, 51 73 P.S. § 201-9.2(a). 11 for a personal residence, were not entered into by Plaintiffs primarily for personal family or household purposes. For this reason, Defendants' preliminary objection to Plaintiffs' claim under Pennsylvania's Unfair Trade Practices and Consumer Protection Law will be denied. Alleged violation of federal Real Estate Settlement Procedures Act. The federal Real Estate Settlement Procedures Act is intended, inter alia, to effect "significant reforms in the real estate settlement process ... to insure that consumers through the Nation are protected from unnecessarily high settlement charges caused by certain abusive practices that have developed in some areas of the country." 12 U.S.C. §2601(a). The act prohibits various practices, 52 and has reference to "federally related mortgage loans"53 and "settlement services,i54 both of which are broadly defined.55 The act does not apply to loans "primarily for business."56 In the present case, Plaintiffs' complaint alleges generally that their claim against Defendants is encompassed by this federal law. 57 The particulars of this contention, with respect to the statutory areas raised by Defendants in their preliminary objections, are neither confirmed nor refuted by more specific allegations of the pleading. As a result, it can not be said at this point, with certainty, that no recovery by Plaintiffs is possible on their federal claim. For this reason Defendants' demurrer to the claim will not be granted.58 52 See e.g., 12 U.S.C. §§ 2603, 2607. " 24 CFR §3500.5(a); 12 U.S.C. 2601(1). 54 12 USC 2602(3). % See eg., 12 U.S.C. §§ 2603, 2607. 46 24 CFR 2500.5(b)(2); 12 CFR 226.3(a). 57 Complaint, para. 146-52. 5s A demurrer is not, of course, a substitute for a motion for a more specific pleading. Cf. McNally v. Eynoyer, 1 Pa. D. & C.0 372, 375 (Lancaster Co. 1988); see also Goodrich Amram 2d 1017(b):12, at 256 (1991). 12 Dissolution of parties' marriage. Plaintiffs' response in their brief to Defendants' preliminary objection to a reference in Plaintiffs' complaint to the dissolution of Plaintiffs' marriage is that it represents a mere pleading of evidence as opposed to a demand for relief for alienation of affections.59 It is well settled, however, that "evidence from which material facts may be inferred should not be alleged in a pleading." 2 Goodrich Amram 2d §1019(a):6, at 257 (2001) (citations omitted). Accordingly, this "evidentiary" reference will be stricken. For the foregoing reasons, the following order will be entered. ORDER OF COURT AND NOW, this 3`d day of August, 2006, upon consideration of Defendants' preliminary objections to Plaintiffs' complaint, and for the reasons stated in the accompanying opinion, it is ordered and directed as follows: 1. Plaintiffs' requests for attorney's fees are stricken with the exception of the request contained in Count VII (claim under Pennsylvania's Unfair Trade Practices and Consumer Protection Law); 2. Count II (breach of contract) is dismissed as to Defendant EK Ventures, Inc.; 3. The demand for punitive damages in Count II (breach of contract) is stricken; 4. Count V (claim for "personal injury") is dismissed; 5. Count VI (claim for punitive damages) is dismissed; 6. The reference to the Plaintiffs' divorce is stricken; and 7. In all other respects, Defendant's preliminary objections are denied. 59 Brief in Opposition to Defendants' Preliminary Objections, submitted May 12, 2006, at 17-19. 13 BY THE COURT, s/ J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. Richard P. Mislitsky, Esq. One West High Street P.O. Box 1290 Carlisle, PA 17013 Attorney for Plaintiffs Jonathan H. Rudd, Esq. 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Attorney for Defendants 14 vvivvi LVVO ii.VJ rnn [it LJf 7JVV MICHAEL DUBAICH and TARA DAWN HAZEN, Plaintiffs V. MUNtts WRLLAUt 3 NUMIUK 0003/006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4173 CIVIL TERM RE/MAX REALTY ASSOCIATES, INC., KIRK L. NACE, and EK VENTURES, INC., CIVIL ACTION - LAW Defendants STIPULATION AS TO AMENDMENT OF COURT ORDER OF AUGUST 3 2006 AND NOW, comes, Plaintiffs, by and through their counsel, Richard P. MislAsky, Esquire, and Defendants, by and through their counsel, Jonathan H. Rudd, Esquire, and hereby stipulate to the amendment of the Court's Order of August 3, 2006, for the following reasons: 1. Count IV of the Complaint purports to state a claim for negligent and/or intentional infliction of emotional distress by Plaintiffs against all Defendants. 2. Defendants filed preliminary objections in the nature of a demurrer to Count IV. 3. In its Opinion, at page 10, the Court stated with respect to the claim for negligent infliction of emotional distress that "For this reason, Defendants' preliminary objection to this claim will be granted." 4. The Court stated at page 11 of its Opinion with respect to the claim for intentional infliction of emotional distress that "Accordingly, Plaintiffs' claim for intentional infliction of emotional distress will also be dismissed." Vb/Vb/GVVb 1/:u5 FAX 717 237 3300 MCNEES WALLACE $ NURICK 5. The Order does not reflect that Count IV for negligent and/or intentional infliction of emotional distress is dismissed. IM 004/006 6. The parties agree that the Order should be amended to reflect the dismissal of unt IV. R and P. Mislitsky One West High Street P.O. Box 1290 Carlisle, PA 17013 Counsel for Plaintiffs r rj,athan H. Rudd 106 Pine Street -'P.O. Box 1166 Harrisburg, PA 17108-1166 Counsel for Defendants rv -??tX cy? ? :il rrr;, GI) nib - F; Csa ? _ . tv t.a O ;?-?j 1 OD "C MICHAEL DUBAICH and TARA DAWN HAZEN, Plaintiffs V. J® ? 4 2btO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4173 CIVIL TERM RE/MAX REALTY ASSOCIATES, INC., : KIRK L. NACE, and EK VENTURES, INC., CIVIL ACTION - LAW Defendants AMENDED ORDER OF COURT AND NOW, this 12?Nay of August, 2006, the Court's Order of August 3, 2006 is amended to read as follows: AND NOW, this 3`d day of August, 2006, upon consideration of Defendants' preliminary objections to Plaintiffs' complaint, and for the reasons stated in the accompanying opinion, it is ordered and directed as follows: 1. Plaintiffs' requests for attomeys' fees are stricken with the exception of the request contained in Count VII (claim under Pennsylvania's Unfair Trade Practices and Consumer Protection Law); 2. Count II (breach of contract) is dismissed as to Defendant EK Ventures, Inc. 3. The demand for punitive damages in Count II (breach of contract) is stricken; 4. Count IV (claim for negligent and/or intentional infliction of emotional distress) is dismissed; 5. Count V (claim for "personal injury") is dismissed; 6. Count VI (claim for punitive damages) is dismissed; %VIi??7? !,kS W?1 -",A o 9Z :Qi WV 0£ SM 90aa Auviotiv'i'.1 'dd 32Hl ?O KSI ?-fl311j 7. The reference to the Plaintiffs' divorce is stricken; and 8. In all other respects, Defendants' preliminary objections are denied. Richard P. Mislitsky, Esq. One West High Street P.O. Box 1290 Carlisle, PA 17013 Attorney for Plaintiffs Jonathan H. Rudd, Esq. J 100 Pine Street ,/111.0. Box 1166 Harrisburg, PA 17108-1166 Attorney for Defendants BY THE COURT: C%)' 7 McNees Wallace & Nurick LLC Jonathan H. Rudd, Esquire Attorney I.D. No. 56880 Susan V. Metcalfe, Esquire Attorney I.D. No. 85703 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 717-237-5405 (phone) 717-237-5300 (fax) irudd(a)mwn.com (e-mail) Attorneys for Defendants MICHAEL DUBAICH and IN THE COURT OF COMMON PLEAS TARA DAWN HAZEN, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-4173 CIVIL TERM V. EK VENTURES, INC., KIRK L. NACE and REMAX REALTY ASSOCIATES, INC., Defendants CIVIL ACTION - LAW NOTICE TO PLEAD TO: MICHAEL DUBAICH and TARA DAWN HAZEN, Plaintiffs and RICHARD P. MISLITSKY, ESQUIRE, their attorney: YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. McNEES WALLACE & NURICK LLC By o " Jonathan H. Rudd, Esquire Attorney I.D. No. 56880 Susan V. Metcalfe, Esquire Attorney I.D. No. 85703 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defendants Kirk L. Nace Dated: February 2007 and Re/Max Realty Associates, Inc. ?, McNees Wallace & Nurick LLC Jonathan H. Rudd, Esquire Attorney I.D. No. 56880 Susan V. Metcalfe, Esquire I.D. No. 85703 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 717-237-5405 (phone) 717-237-5300 (fax) a ruddCcD.mwn.com (e-mail) Attorneys for Defendants RE/MAX Realty Associates Inc and Kirk L. Nace MICHAEL DUBAICH and IN THE COURT OF COMMON PLEAS TARA DAWN HAZEN, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-4173 CIVIL TERM V. EK VENTURES, INC., KIRK L. NACE and REMAX REALTY ASSOCIATES, INC., : Defendants CIVIL ACTION - LAW ANSWER OF DEFENDANTS KIRK L. NACE AND RE/MAX REALTY ASSOCIATES, INC. WITH NEW MATTER Defendants Kirk L. Nace ("Nace") and RE/MAX Realty Associates, Inc. ("RE/MAX"), by and through their attorneys McNees Wallace & Nurick LLC, for their Answer to Plaintiffs' Complaint, state as follows: Admitted upon information and belief. 2. Admitted. 3. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response would be deemed required, the averments of this paragraph are denied. 4. Denied. During some of the time period referenced in Plaintiffs' Complaint, Nace was engaged by RE/MAX as an independent contractor. The allegation that Nace was an agent for RE/MAX is a legal conclusion to which no response is required. To the extent that a response would be deemed required, it is denied that Nace was acting as an agent for RE/MAX with respect to all of his transactions with Plaintiffs. 5. Denied. With respect to the subject matter of the Complaint, Nace acted on behalf of RE/MAX only within the scope of the Listing Agreement entered into by Dubaich ("Listing Agreement"). It is denied that Nace acted on behalf of RE/MAX in any other capacity or for any other purpose. 6. Denied. RE/MAX held Nace out as an agent, servant, and representative within the scope of the Listing Agreement only. It is denied that RE/MAX held Nace out as an agent, servant, or representative of RE/MAX in any other capacity or for any other purpose. 7. Denied. The address of EK Ventures, Inc. ("EK Ventures") is Six South Market Street, Duncannon, Pennsylvania 17020. 8. Denied. The averments of this paragraph are directed to a defendant other than Nace and RE/MAX and therefore no response is required. To the extent that a response would be deemed required, the averments of this paragraph are denied. 9. Denied. Nace held himself out as working for RE/MAX within the scope of the Listing Agreement only. Nace did not hold himself out as working for RE/MAX in any other capacity or for any other purpose. 10. Admitted. 11. Denied. RE/MAX and EK Ventures are totally separate and independent companies. No business relationship existed between RE/MAX and EK Ventures, Inc. at any time material to the subject matter of the Complaint. 12. Denied. It is denied that RE/MAX knew of any alleged actions, inactions, or conduct of Nace to the extent that he was acting outside the scope of the Listing 2 Agreement, nor did it know of any actions, inactions or conduct of EK Ventures. The remainder of this paragraph states a legal conclusion to which no response is required. To the extent that a response would be deemed required, the averments of this paragraph are denied. 13. Denied. Nace did not benefit, directly or indirectly, from any actions or inactions alleged in the Complaint, other than from the commission paid on the sale by Bruce and Wanda Boyer ("Boyers") of their sixty-three acres of farmland, house, and barn ("the Property"). It is expressly denied that Nace benefited, directly or indirectly, from the sale by Dubaich to Nace of the Ten Acre Tract. RE/MAX did not benefit, directly or indirectly, from any actions or inactions of the other Defendants as alleged in the Complaint. 14. Denied. Although Hazen signed the Agreement of Sale, Hazen did not go through with purchase of the Property, as evidenced by the Deed conveying the Property from the Boyers to Dubaich. A true and correct copy of the Deed is attached hereto as Exhibit A. 15. Denied. Plaintiffs, who were represented by an attorney in their purchase of the Property, approached Nace and specifically requested that he help them find a property that met their specific requirements, on which to build an equestrian facility. Nace showed Plaintiffs numerous listings, and Dubaich ultimately agreed to purchase the Property. Dubaich informed Nace of his intention not to live in the farmhouse already existing on the Property ("Farmhouse"), and of his financial goal of selling off a portion of the Property to lower his net cost; and Nace made suggestions as to how he could achieve these goals. Dubaich took an extremely active role in negotiating and formulating the terms of the entire transaction. Hazen intentionally, voluntarily, and 3 knowingly elected to have no ownership interest in the Property and to remove herself from the transaction. 16. Admitted with the qualification that only Dubaich, and not Hazen, purchased the Property. 17. Admitted with the qualification that only Dubaich, and not Hazen, purchased the Property. 18. Denied. Dubaich subdivided the Property as set forth in paragraph 18. Upon information and belief, while Dubaich was working with a surveyor to establish the boundaries of ten acres surrounding the Farmhouse ("Farmhouse Tract"), the surveyor suggested that Dubaich consider subdividing two additional lots of 1.5 acres each ("Small Lots"), which, if sold, would further allow Dubaich to lower the net cost of purchasing the Property. 19. Denied. Tara Hazen did not enter into a listing agreement with REIMAX or Nace. On or about December 20, 2001, Dubaich entered into a listing agreement with Nace to sell the Farmhouse Tract as referred to in paragraph 18B, not paragraph 17B. 20. Denied. Because Plaintiffs have failed to attach the listing agreements described in this paragraph, Defendants are unable to admit or deny the allegations set forth therein. By way of further answer, Defendants did not induce either Plaintiff to enter into any listing agreement. 21. Admitted in part and denied in part. It is admitted that the properties referenced in paragraph 20 of the Complaint, i.e., the Small Lots and Plaintiffs' prior residence, are not at issue. It is admitted that only the Farmhouse Tract is at issue. 4 Paragraph 20, above, is incorporated herein by reference. It is denied that Plaintiffs complained to RE/MAX regarding the tracts described in paragraph 20 of the Complaint. 22. Denied. Tara Hazen did not enter into a listing agreement with RE/MAX or Nace for the sale of the Farmhouse Tract. Neither RE/MAX nor Nace gave any guarantee concerning the ability to sell the Farmhouse Tract within one year. Dubaich, in entering into the listing agreement, did not rely on any representation by RE/MAX or Nace concerning the ability to sell the subdivided lots within one year. 23. Denied. It is denied that RE/MAX and Nace represented the property would be easy to sell. It is further denied that Plaintiffs relied on any representation by RE/MAX or Nace concerning the ability to sell the subdivided lots within one year. On the contrary, Plaintiffs demanded that Nace provide them with a written guarantee that if the Farmhouse Tract could not be sold within one year, then either RE/MAX or Nace would buy it. 24. Denied. Neither RE/MAX nor Nace ever agreed or promised to purchase the Farmhouse Tract from Plaintiffs. On the contrary, on December 14, 2001, the day of the scheduled closing, Plaintiffs tried to insist that RE/MAX provide a written guarantee that it would sell the Farmhouse Tract within one year, at a price that would net Plaintiffs $125,000.00. Nace informed Plaintiffs that RE/MAX does not provide such guarantees. At Plaintiffs' insistence, EK Ventures provided a letter stating that it intended to purchase the Farmhouse Tract at a price that would net Dubaich $125,000.00 if another buyer could not be found within one year ("Ventures Agreement"). 5 25. Denied. Nace did not make any representations to Plaintiffs that RE/MAX knew of or approved the Ventures Agreement. Nace made no representations regarding any past agreements or business dealings involving EK Ventures. 26. Denied. Plaintiffs did not rely on any of the representations allegedly made by Nace and RE/MAX as set forth in the Complaint. 27. Denied. It is admitted only that at some unknown point in time, Dubaich completed the subdivision. Nace and RE/MAX are without knowledge or information sufficient to form a belief as to the remainder of the averments of this paragraph. 28. Denied. Nace and RE/MAX are without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and they are therefore denied. By way of further answer, the information entered into the multiple listing database was based on information provided by Plaintiffs. Plaintiffs had a duty to inform Nace and RE/MAX of any changes in the status of the property. 29. Denied. Nace attempted to sell the subdivided parcels by placing advertisements in Harrisburg, Perry County, and Selinsgrove newspapers and, at the insistence of the Plaintiffs, in numerous specialty publications. Additionally, Nace created and distributed full color brochures to mid-state tack and feed stores, and listed the property on the Central Pennsylvania Multiple Listing database. Nace also answered phone requests for information and showed the property to prospective buyers. 30. Denied. Neither Nace nor RE/MAX impeded the sale of the property. On the contrary, Plaintiffs interfered with Nace's ability to sell the property by, inter alia, insisting on an unreasonably high listing price and placing unreasonable deed restrictions on the property. Additionally, prospective buyers presented by Plaintiffs, 6 Michael and Tammy Evener, did not qualify financially to purchase the Property. Plaintiffs refused to allow Nace to market the Property while the Evener sale was pending. 31. Denied. Between December 2001 and December 2002, Plaintiffs made unfounded complaints about Nace's handling of the transaction. It is denied that Nace engaged in any unprofessional conduct. 32. Denied. RE/MAX received Plaintiffs' complaints and discussed them with Nace. RE/MAX concluded that Nace was making appropriate efforts to market the property, and that any delay in the sale of the Property was the result of market conditions and/or Plaintiffs' own conduct. 33. Denied. It is denied that RE/MAX and Nace represented the property would be easy to sell. It is further denied that Plaintiffs relied on any representation by RE/MAX or Nace concerning the ability to sell the subdivided lots within one year. 34. Denied. Paragraph 29, above, is incorporated herein by reference. Nace facilitated at least two more contracts by potential buyers to purchase the Farmhouse Tract, which fell through in part because: a. Dubaich placed deed restrictions on the Property that were unacceptable to potential buyers; b. Dubaich refused to complete a property disclosure statement; and, c. Dubaich refused to correct any defects in the property. 35. Denied. Plaintiffs were at all times aware of the status of the Farmhouse Tract and Nace's efforts to find a buyer for it. On or about December 12, 2002, Nace had a discussion with Plaintiffs regarding the Ventures Agreement to determine 7 Dubaich's intentions, that is, whether he intended to sell the Farmhouse Tract to EK Ventures, keep the property, or continue to look for another buyer. 36. Denied. Neither RE/MAX nor Nace were parties to the Ventures Agreement. The Ventures Agreement did not give RE/MAX or Nace the right to purchase the Farmhouse Tract. Rather, the Ventures Agreement gave Plaintiffs the right to force EK Ventures to purchase the property at a price that would net Dubaich $125,000.00 if another buyer could not be found by December 14, 2002. It was Plaintiffs who advised Nace that Dubaich intended to exercise this right. 37. Denied. Nace made every effort to sell the Farmhouse Tract, and had no interest in owning it himself. Nace would not have purchased the property if Plaintiffs had not chosen to enforce the Ventures Agreement. It is denied that the amount Dubaich received for the property was below fair market value. By way of further answer, RE/MAX did not purchase the property, and never agreed to purchase the property. RE/MAX had no involvement whatsoever in Dubaich's sale of the property to Nace. 38. Denied. Paragraph 37, above, is incorporated herein by reference. By way of further answer, the suggestions Nace made regarding the terms of Plaintiffs' agreement with the Boyers benefited Dubaich by allowing him to reduce the net cost of purchasing land on which to build a horse business, and to delay making full payment to the Boyers while the parties attempted to find a buyer for the Farmhouse Tract. 39. Denied. Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph, because it is vague in that Plaintiffs have not specified when they believe Defendants took steps to arrange for financing. The allegations are therefore denied. By way of further answer, RE/MAX did 8 not purchase the property, never agreed to purchase the property, and had no involvement whatsoever in Dubaich's sale of the property to Nace or the financing thereof. Nace arranged for financing to buy the Farmhouse Tract because Plaintiffs insisted on forcing him to go through with the purchase. Nace made no effort to conceal his attempts to obtain financing. 40. Denied. It is denied that the amount Dubaich received for the Farmhouse Tract was far below market value. By way of further answer, Nace made reasonable efforts to ascertain an estimated fair market list price for the Farmhouse Tract. Nace provided Plaintiffs with information on numerous comparable sales. 41. Denied. RE/MAX did not purchase the property, never agreed to purchase the property, and had no involvement whatsoever in Dubaich's sale of the property to Nace or the financing thereof. It is denied that the Plaintiffs were unaware Defendant Nace was arranging for financing. By way of further answer, Nace did not agree to buy the property for $125,000.00, but rather agreed, at Plaintiffs' insistence, to purchase the property at a price that would net Dubaich $125,000.00. Nace sought financing for the property in excess of $125,000.00 in order to make necessary repairs to the property, some of which were caused by Dubaich's failure to maintain the Property. 42. Denied. RE/MAX had no involvement in Dubaich's sale of the property to Nace or the financing thereof. It is denied that Nace submitted false information concerning the purchase price of the property. By way of further answer, Nace did not agree to buy the property for $125,000.00, but rather agreed, at Plaintiffs' insistence, to purchase the property at a price that would net Dubaich $125,000.00, and all documents are consistent with this agreement. 9 43. Denied. Nace did not attempt to conceal from Plaintiffs any information concerning his arrangements with his lender. By way of further answer, Plaintiffs were not a party to any lending transaction entered into by Nace. 44. Denied. RE/MAX had no involvement in Dubaich's sale of the property to Nace or the financing thereof. It is denied that Nace and RE/MAX had any involvement in creating, or knew of the existence of, any fraudulent documents. It is admitted that Nace instructed Plaintiffs to provide a check. Nace initially proposed this amount be represented as a credit, because the home was in bad condition due largely to Dubaich's neglect, and therefore Nace needed the credit for repairs to the home. When Plaintiffs' attorney, Alan Hench, expressed concerns about capital gains, Nace accepted the check as a commission to address these concerns. 45. Denied. Nace did not agree to buy the property for $125,000.00, but rather agreed, at Plaintiffs' insistence, to purchase the property at a price that would net Dubaich $125,000.00. Nace sought to borrow more than $125,000.00 in order to finance repairs caused in part by Dubaich's neglect of the property. Nace discussed the details of this transaction with Plaintiffs and their attorney, Alan Hench, who suggested that Nace accept the balance as a commission. It is denied that Dubaich would have been required to pay any capital gains tax on the difference between the gross sale price and Dubaich's cost basis in the property. Rather, any capital gains tax would be based on the net amount Dubaich received as compared to his cost basis in the Property. Nace is not a tax expert and was not offering tax advice, but merely making suggestions as to how to identify on the settlement statement the additional amount necessary for Nace to repair the property as a result of Dubaich's neglect. 10 46. Denied. It is denied that Nace and RE/MAX had any involvement in creating, or knew of the existence of, any fraudulent documents. By way of further answer, RE/MAX had no involvement in Dubaich's sale of the property to Nace. Nace and RE/MAX categorically deny forging any documents, and reserve all rights to pursue Plaintiffs and their counsel for these scandalous, libelous, undocumented, unsubstantiated, and false accusations that Nace and RE/MAX had anything to do with forging documents. 47. Denied. Nace and RE/MAX did not forge Plaintiffs' signatures or cause them to be forged. Nace and RE/MAX had no involvement in preparing any fraudulent documents. Nace and RE/MAX are without knowledge or information sufficient to form a belief as to whether Plaintiffs themselves signed the documents or authorized someone else to sign them on their behalf, and these averments are therefore denied. 48. Denied. Nace and RE/MAX did not engage in any fraudulent, illegal, or criminal conduct. Nace and RE/MAX's response to paragraph 47, above, is incorporated herein by reference. 49. Denied. Nace and RE/MAX did not engage in any fraudulent, illegal, or criminal conduct. At all times relevant hereto, Plaintiffs were aware of, participated in, and had the advice of counsel regarding the details, including the financing arrangements, of Nace's purchase of the property from Dubaich. Dubaich did proceed with the sale of the ten-acre tract to Nace. 50. Denied. Plaintiffs' agreement with the Boyers obligated them to pay the remaining amount of the purchase price on or before December 14, 2002. It is denied that Plaintiffs were forced to sell the Farmhouse Tract to Nace. On the contrary, Plaintiffs forced Nace to purchase the property by informing him that they intended to 11 enforce the Ventures Agreement. Plaintiffs did not transfer the property to RE/MAX, and RE/MAX had no involvement in Dubaich's sale of the property to Nace. 51. Denied. Nace did not agree to buy the property for $125,000.00, but rather agreed, at Plaintiffs' insistence, to purchase the property at a price that would net Dubaich $125,000.00. At Plaintiffs' insistence, and that of their attorney, a substantial portion of the amount over and above $125,000.00 was characterized as a commission instead of a credit for repairs. Plaintiffs made no payments to RE/MAX associated with the closing. It is denied that the fair market value of the Farmhouse Tract was $169,900.00. 52. Denied. Neither RE/MAX nor Nace suggested that Plaintiffs commit tax fraud. Dubaich was not forced to declare $34,560.50 as a "realtors commission," but chose to characterize it as such at the suggestion of his attorney. It is denied that Dubaich did not voluntarily sign documents necessary to close the transaction. 53. Denied. Upon information and belief, Hazen did not sign any of the listing agreements because she was not an owner of the property, and because she did not want her involvement with the property to be known by third parties, specifically Mrs. Joseph Rehkamp, a potential business competitor. By way of further response, Hazen did not sign the first listing agreement, which occurred well in advance of any of the events alleged to have occurred on or shortly before closing on December 12, 2002. 54. Denied. Nace and RE/MAX did not make any misrepresentations or engage in any tortious conduct. By way of further answer, RE/MAX was in no way involved in and had no prior knowledge of Nace's purchase of the Farmhouse Tract. Nace purchased the Farmhouse Tract in his individual capacity and not as an agent of RE/MAX. 12 55. Denied. It is denied that Plaintiffs sustained any financial losses as a result of any conduct by Defendants. On the contrary, due to Nace's efforts, Dubaich obtained valuable real property at an extremely low cost, ultimately paying $125,000 for 53 acres of farmland. In addition, the Dubaich still has two 1.5-acre parcels, which he can sell to further decrease the amount invested with the 50 acre horse farm. Defendant Nace continues to suffer financial losses because he is unable to sell the property for the amount he currently has invested. 56. The allegations of this paragraph were stricken by Court Order dated August 3, 2006, and therefore no reply is necessary. 57. The allegations of this paragraph were stricken by Court Order dated August 3, 2006, and therefore no reply is necessary. Count I Plaintiffs v. Defendant RE/MAX Realty Associates, Inc. Tort 58. Answering Defendants' answers to paragraphs 1 through 57, above, are incorporated herein by reference as if they are set forth in length. 59. Denied. Nace held himself out as an agent of RE/MAX within the scope of the Listing Agreement only. Nace did not hold himself out as an employee of RE/MAX or as an agent of RE/MAX in any other capacity or for any other purpose. 60. Denied. RE/MAX held Nace out as an agent for RE/MAX within the scope of the Listing Agreement only. RE/MAX did not give consent for Nace to act for any other purpose. By way of further answer, as an independent contractor for RE/MAX, Nace did not have the real or apparent authority to bind RE/MAX for any other purpose. 61. Denied. Nace was an independent contractor of RE/MAX, and therefore, RE/MAX was not obligated to monitor Nace's actions. By way of further answer, 13 RE/MAX had no reason or obligation to know of any transaction in which Nace acted in his individual capacity rather than as an agent for RE/MAX at any time material hereto. 62. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response would be deemed required, the averments of this paragraph are denied. 63. Denied. RE/MAX was not, and has never been, affiliated with EK Ventures and was not aware of its activities. RE/MAX had no duty to monitor the private business transactions of Nace or EK Ventures. 64. Admitted, with the qualification that RE/MAX held itself out as acting in the best interests of its clients to the extent that their conduct and interests were reasonable and rational. 65. This paragraph states a legal conclusion to which no response is required. The standards of conduct for realtors are clearly established under Pennsylvania law, and Plaintiffs' characterization thereof is denied. To the extent a response is deemed required, RE/MAX did not owe any duty to Hazen, who was not a party to the Listing Agreement. RE/MAX at all times acted in accordance with its legal, professional, and ethical duties. Answering Defendants' response to paragraph 64, above, is incorporated herein by reference. 66. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response would be deemed required, the averments of this paragraph are denied. 67. Denied. It is denied that RE/MAX breached any duty to Plaintiffs. By way of further answer, RE/MAX did not owe any duty to Hazen, who was not a party to the Listing Agreement. 14 68. Denied. RE/MAX received no benefit from the actions or inactions of Nace and EK Ventures. 69. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response would be deemed required, the averments of this paragraph are denied. RE/MAX did not engage in any negligent, reckless, wanton, or malicious behavior. 70. Denied. This paragraph, including all of its subparts, states a legal conclusion to which no response is required. To the extent that a response would be deemed required, the averments of this paragraph are denied. 71. Denied. It is denied that Plaintiffs sustained any damages or lost any revenue on the sale of the Farmhouse Tract. The allegations of this paragraph concerning alleged damage to the marital relationship and attorneys' fees were stricken by Court Order dated August 3, 2006, and therefore no response is required. 72. Denied. It is denied that the plaintiff suffered financial injury. The allegations of this paragraph concerning alleged emotional and physical injury were stricken by Court Order dated August 3, 2006, and therefore no response is required. 73. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response would be deemed required, the averments of this paragraph are denied. RE/MAX did not engage in any improper conduct, much less outrageous, wanton, malicious, or reckless conduct warranting punitive damages. 74. Denied. RE/MAX did not benefit or seek to benefit by any of the events alleged in the Complaint, and has never engaged in any conduct similar to that alleged in the Complaint. 15 75. Denied. Plaintiffs were not forced to sell the Farmhouse Tract to Nace. On the contrary, it was Plaintiffs who forced Nace to purchase the property. It is denied the fair market value at the time of the transaction was above $125,000.00. 76. Denied. This paragraph, including all of its subparts, states a legal conclusion to which no response is required. To the extent that a response would be deemed required, the averments of this paragraph are denied. By way of further answer, the allegations of this paragraph concerning Plaintiffs' entitlement to attorneys' fees were stricken by Court Order dated August 3, 2006. WHEREFORE, Defendant RE/MAX requests that the Court enter judgment in its favor and against Plaintiffs, and that Defendant be awarded costs of suit together with such other relief as the Court deems just and proper. Count II Plaintiffs v. Defendants RE/MAX, Kirk Nace, and EK Ventures, Inc. 77. Answering Defendants' answers to paragraphs 1 through 76, above, are incorporated herein by reference as if they are set forth in length. 78. Denied. The Listing Agreement attached to the Complaint as Exhibit B was entered into by Dubaich only, and not Hazen. There is no Listing Agreement attached to the Complaint as Exhibit C. 79. Denied. Nace did not induce Plaintiffs to enter into the agreement with EK Ventures. On the contrary, on the day set for closing on the Boyer Property, Plaintiffs demanded a written guarantee that Plaintiffs would net $125,000.00 from the sale of the Farmhouse Tract by December 14, 2002, and they refused to close on the property without such a guarantee. 80. Denied. Paragraph 79, above, is incorporated herein by reference. 81. Denied. Paragraph 79, above, is incorporated herein by reference. 16 82. Denied. RE/MAX does not use and has never used the form of agreement contained in the Ventures Agreement. Nace informed Plaintiffs that RE/MAX does not guarantee the sale of a home. When Plaintiffs threatened to not complete the settlement without a guarantee that they would net $125,000.00 within one year, Nace reluctantly executed the Ventures Agreement. 83. Admitted. 84. Denied. Nace was acting on behalf of RE/MAX within the scope of the Listing Agreement only. Some of the actions alleged in the Complaint were performed by Nace in his individual capacity or as a representative of EK Ventures. 85. Denied as stated. It is denied that Nace and RE/MAX entered into any oral agreement concerning the methods of marketing of the property. By way of further answer, Nace did list the property with a multiple listing service, and went to great lengths to market the property by advertising in various periodicals and distributing brochures. 86. Denied. Neither Nace nor RE/MAX provided any assurance that the property would sell at a certain price, or at any profit to Dubaich. The only assurance Plaintiffs received regarding the sale of the Property was provided by EK Ventures in the Ventures Agreement. 87. Denied. Nace and RE/MAX fulfilled all of their obligations under the Listing Agreement. 88. Denied. Nace and RE/MAX advertised the properties based on information provided by Plaintiffs. Plaintiffs had a duty to inform Defendants of any changes in the status of the property. 17 89. Denied. Paragraphs 28 and 88, above, are incorporated herein by reference. 90. Denied. Nace and RE/MAX did not fail to make reasonable efforts to market the property. On the contrary, Nace and RE/MAX made efforts above and beyond those customary in the profession. Nace placed advertisements in Harrisburg, Perry County, and Selinsgrove newspapers and in numerous specialty publications. Additionally, Nace created and distributed full color brochures to mid-state tack and feed stores, and listed the property on the Central Pennsylvania Multiple Listing database. Nace also answered phone requests for information and showed the property to prospective buyers. Paragraphs 30 and 34, above, are incorporated herein by reference. 91. Denied. Defendants dealt with Plaintiffs honestly and in good faith. 92. Denied. It is denied that a conflict of interest existed among Defendants. To the extent that EK Ventures' agreement to purchase the Farmhouse Tract is determined to be a conflict of interest, Plaintiffs themselves created such an alleged conflict by insisting that EK Ventures provide a written guarantee to purchase the property. 93. Admitted in part and denied in part. It is admitted that Nace and RE/MAX did not advise Plaintiffs to seek third-party expert advice. It is denied that Nace and RE/MAX had a duty to advise Plaintiffs to seek any third-party expert advice. By way of further answer, at all times relevant hereto, Plaintiffs had the advice of legal counsel. 94. Denied. No interrelated financial interests existed among RE/MAX, Nace, and EK Ventures that required disclosure to Plaintiffs. RE/MAX is not affiliated in any way with EK Ventures, and the two companies do not share any financial interests. 18 Plaintiffs were well aware of Nace's affiliation with RE/MAX as a real estate agent, and Nace's separate affiliation with EK Ventures. Plaintiffs were also aware that the agreement to purchase the Farmhouse Tract was made not by RE/MAX, but by Nace's own company, EK Ventures, which is wholly separate from and independent of RE/MAX. 95. Denied. Defendants were not involved in an alleged scheme to purchase the Farmhouse Tract below market value. RE/MAX did not purchase the Farmhouse Tract; and Nace had no interest in buying the property, but was forced to do so by Plaintiffs. 96. Denied. Neither Nace nor RE/MAX engaged in any self-dealing, or any unconscionable, unethical, or illegal conduct. 97. Denied. Neither RE/MAX nor Nace profited from the conduct alleged in the Complaint. 98. Denied. Dubaich was not forced to sign the Listing Agreement attached as Exhibit G to the Complaint. Dubaich, who was represented by an attorney, refused to characterize the additional proceeds accurately as a credit to Nace for repairs to the property. At Dubaich's insistence, and that of his attorney, a substantial portion of the amount over $125,000.00 was characterized as a commission instead of a credit for repairs. 99. The allegations of this paragraph were stricken by Court Order dated August 3, 2006, and therefore no response is required. 100. Denied. This paragraph, including all of its subparts, states a legal conclusion to which no response is required. To the extent that a response would be deemed required, Answering Defendants deny that they breached any contractual, 19 statutory, or fiduciary obligations. Answering Defendants further deny that Plaintiffs suffered any harm as a result of any alleged conduct by Defendants. By way of further answer, the allegations of this paragraph concerning Plaintiffs' entitlement to attorneys' fees were stricken by Court Order dated August 3, 2006. WHEREFORE, Defendants RE/MAX and Nace request that the Court enter judgment in their favor and against Plaintiffs, and that Defendants be awarded costs of suit together with such other relief as the Court deems just and proper. Count 111 - Fraud Plaintiffs v. Defendants 101. Answering Defendants' answers to paragraphs 1 through 100, above, are incorporated herein by reference as if they are set forth in length. 102. Denied. Nace was an independent contractor of RE/MAX, and therefore, RE/MAX was not obligated to monitor Nace's actions. By way of further answer, RE/MAX was not aware of, and had no reason or obligation to know of, any transaction in which Nace acted in his individual capacity rather than as an agent for RE/MAX. 103. Denied. Defendants did not benefit from the actions and circumstances alleged in the Complaint. On the contrary, Nace has suffered and continues to suffer losses as a result of allowing Plaintiffs to force him into purchasing the Farmhouse Tract. RE/MAX did not purchase and has no ownership interest whatsoever in the Farmhouse Tract. 104. Denied. Nace acted on behalf of RE/MAX within the scope of the Listing Agreement only. Nace was not acting on behalf of RE/MAX in any other capacity. 20 105. Denied. Defendants did not engage in fraud, and Plaintiffs did not suffer any financial detriment or loss. 106. This paragraph, including all of its subparts, states a legal conclusion to which no response is required. To the extent that a response would be deemed required, the averments of this paragraph are denied. Defendants specifically deny that they committed fraud, forged Plaintiffs' signatures on any documents, or advised Plaintiffs to commit fraud. Defendants' answers to paragraphs 1 through 105, above, are incorporated herein by reference. 107. Denied. Defendants did not attempt to dissuade any potential buyers from purchasing the property. On the contrary, Nace used his best efforts to sell the property. Furthermore, RE/MAX never acquired any ownership of the property. 108. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response would be deemed required, Defendants deny that Plaintiffs suffered any harm as a result of any alleged conduct by Defendants. It is denied that the property was sold below fair market value. By way of further answer, the allegations of this paragraph concerning Plaintiffs' entitlement to attorneys' fees were stricken by Court Order dated August 3, 2006. WHEREFORE, Defendants RE/MAX and Nace request that the Court enter judgment in their favor and against Plaintiffs, and that Defendants be awarded costs of suit together with such other relief as the Court deems just and proper. Count IV - Negligent and/or Intentional infliction of Emotional Distress Plaintiffs v. Defendants 109-117. Plaintiffs' claim for Negligent and/or Intentional Infliction of Emotional Distress was dismissed by Court Order dated August 28, 2006, and therefore, no reply is required. 21 WHEREFORE, Defendants RE/MAX and Nace request that the Court enter judgment in their favor and against Plaintiffs, and that Defendants be awarded costs of suit together with such other relief as the Court deems just and proper. Count V - Personal Injury Michael Dubaich v. Defendants 118-128. Plaintiffs claim for Personal Injury was dismissed by Court Order dated August 28, 2006, and therefore, no reply is required. WHEREFORE, Defendants RE/MAX and Nace request that the Court enter judgment in their favor and against Plaintiffs, and that Defendants be awarded costs of suit together with such other relief as the Court deems just and proper. Count VI - Demand for Punitive Damages Plaintiffs v. Defendants 129-133. Plaintiffs' claim for Punitive Damages was dismissed by Court Order dated August 28, 2006, and therefore, no reply is required. WHEREFORE, Defendants RE/MAX and Nace request that the Court enter judgment in their favor and against Plaintiffs, and that Defendants be awarded costs of suit together with such other relief as the Court deems just and proper. Count VII - Violation of the Unfair Trade Practices and Consumer Protection Act Plaintiffs v. Defendants 134. Answering Defendants' answers to paragraphs 1 through 133, above, are incorporated herein by reference as if they are set forth in length. 135. It is admitted that RE/MAX held the Listing Agreement with Dubaich attached to the Complaint as Exhibit B. There is no listing agreement attached as Exhibit C to the Complaint. 22 136. Denied. Nace acted on behalf of RE/MAX within the scope of the Listing Agreement only. Nace did not act on behalf of RE/MAX in any other capacity or for any other purpose. 137. Denied. RE/MAX held Defendant Nace out as within the scope of the Listing Agreement only. RE/MAX did not hold out Defendant Nace for any other purpose. 138. Denied. Nace and RE/MAX agreed to market the properties that Dubaich listed with them. The remainder of the allegations of this paragraph are denied to the extent they are inconsistent with the terms of the Listing Agreement. Neither Nace nor RE/MAX provided any guarantee concerning the ability to sell the properties at a certain price or within a certain time frame. 139. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response would be deemed required, the averments of this paragraph are denied. 140. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response would be deemed required, the averments of this paragraph are denied. 141-143. Denied. The allegations of paragraphs 141 through 144 constitute legal conclusions to which no response is required. To the extent that a response would be deemed required, the averments of these paragraphs are denied. Plaintiffs entered into the transaction described in the Complaint primarily for business purposes, and therefore Plaintiffs cannot maintain a cause of action under the UTPCPL. By way of further answer, neither Nace nor RE/MAX engaged in any deceptive or fraudulent conduct, or any other conduct prohibited by the UTPCPL. 23 144. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response would be deemed required, Defendants deny that Plaintiffs suffered any harm as a result of any alleged conduct by Defendants. 145. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response would be deemed required, the averments of this paragraph are denied. WHEREFORE, Defendants RE/MAX and Nace request that the Court enter judgment in their favor and against Plaintiffs, and that Defendants be awarded costs of suit together with such other relief as the Court deems just and proper. Count VIII - Violation of the Real Estate Settlement Procedures Act (RESPA) 12 USCA §2602 et seq. Plaintiffs v. Defendants 146. Answering Defendants' answers to paragraphs 1 through 145, above, are incorporated herein by reference as if they are set forth in length. Denied. 147-149. Denied. The averments of these paragraphs constitute legal conclusions to which no response is required. To the extent that a response would be deemed required, the averments of these paragraphs are denied. By way of further response, RESPA applies only to federally regulated mortgage loans and settlement negotiations, and does not apply to business purpose loans. Defendants did not provide settlement negotiations services and all relevant loans were for business purposes. 150. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response would be deemed required, the 24 averments of this paragraph are denied. Neither Nace nor RE/MAX engaged in any fraudulent, deceptive, or unethical conduct, or any conduct that would violate RESPA. 151. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response would be deemed required, Defendants deny that Plaintiffs suffered any harm as a result of any alleged conduct by Defendants. 152. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response would be deemed required, Defendants deny that Plaintiffs suffered any harm as a result of any alleged conduct by Defendants. WHEREFORE, Defendants RE/MAX and Nace request that the Court enter judgment in their favor and against Plaintiffs, and that Defendants be awarded costs of suit together with such other relief as the Court deems just and proper. NEW MATTER 153. Answering Defendants' answers to paragraphs 1 through152, above, are incorporated herein by reference. 154. Plaintiffs' Complaint fails to state a claim upon which relief may be granted. 155. Some or all of Plaintiffs' claims are barred by the gist of action doctrine. 156. Some or all of Plaintiffs' claims are barred by the economic loss doctrine. 157. Some or all of Plaintiffs' claims are barred by their own contributory or comparative negligence. 25 158. Some or all of Plaintiffs' claims are barred by the applicable statute of limitations. 159. Some or all of Plaintiffs' claims are barred by the doctrine of laches. 160. Some or all of Plaintiffs' claims are barred by the doctrine of satisfaction and accord. 161. Some or all of Plaintiffs' claims are barred by the doctrine of waiver. 162. Some or all of the claims of Plaintiff Hazen are barred for lack of privity with Defendants. 163. Hazen lacks standing to maintain the claims asserted in the Complaint. 164. Hazen had no ownership interest in the Property sold by the Boyers. 165. On or about December 14, 2001, the Boyers executed a deed transferring the Property to Dubaich alone. A true and correct copy of the deed from the Boyers to Dubaich ("Deed") is attached hereto as Exhibit A. 166. Hazen did not execute any listing agreement with Nace or RE/MAX for the sale of the Farmhouse Tract. True and correct copies of the listing agreements are attached hereto as Exhibit B. 167. Hazen did not execute any listing agreement with Nace or RE/MAX for the sale of the Farmhouse Tract because she was not an owner of the Property 168. Hazen did not execute any listing agreement with Nace or RE/MAX for the sale of any part of the Boyer property because she did not want her involvement with the property to be known by third parties, including but not limited to Mrs. Joseph Rehkamp, a potential business competitor. 26 169. Plaintiffs intended to operate an equestrian business on the Property. 170. Plaintiffs never intended to reside on the Farmhouse Tract. 171. Plaintiffs purchased the Farmhouse solely in furtherance of their business interests. 172. Plaintiffs fail to state a claim under the UTPCPL because they did not purchase the Farmhouse Tract primarily for personal, family, or household use. 173. Plaintiffs were aware at the time of closing on December 12, 2002 that Nace did not intend to use the Farmhouse Tract as his personal residence. 174. Plaintiffs were aware at the time of closing on December 12, 2002 that Nace intended to resell or rent the Farmhouse Tract. 175. Nace has never used the Farmhouse Tract as his personal residence. 176. Plaintiffs fail to state a claim under RESPA because RESPA applies only to federally regulated mortgage loans and settlement negotiations, and does not apply to business purpose loans. 177. At the closing on December 12, 2002 Defendants Nace and RE/MAX did not provide settlement negotiations services. 178. Plaintiffs have not sustained any harm or losses as a result of the transactions described in the Complaint. 179. To the extent Plaintiffs have sustained any alleged losses, such alleged losses were caused by Plaintiffs themselves and/or other third parties unrelated to and outside the control of Nace and RE/MAX, and/or events outside the control of Nace and RE/MAX. 27 180. During the relevant time period, the only business relationship Nace had with RE/MAX was as an independent contractor real estate sales associate. 181. RE/MAX and EK Ventures, Inc. are entirely separate and unrelated companies. 182. During the relevant time period, RE/MAX had no business dealings with EK Ventures. 183. RE/MAX was not, and has never been, affiliated with EK Ventures. 184. RE/MAX had no duty to monitor the private business transactions of Nace or EK Ventures. 185. RE/MAX received no benefit from the actions or inactions of Nace and EK Ventures as alleged in the Complaint. 186. RE/MAX was not a party to the Ventures Agreement. 187. Nace was not a party to the Ventures Agreement. Rather, he signed the Agreement in his capacity as an agent or representative of EK Ventures. 188. On December 14, 2001, the closing date on the sale of the Property by the Boyers to Michael Dubaich, Plaintiffs informed Nace that they would not go through with the purchase unless RE/MAX provided a written guarantee that it would be able to resell the Farmhouse Tract at a price that would net Plaintiffs at least $125,000.00. 189. In response to Plaintiffs' demand, Nace informed Plaintiffs that RE/MAX does not guarantee the sale of any property. 190. At Plaintiffs' insistence, Nace provided a letter stating that EK Ventures intended to purchase the Farmhouse Tract at a price that would net Dubaich $125,000.00 if another buyer could not be found within one year ("Ventures 28 Agreement"). A true and correct copy of the Ventures Agreement is attached hereto as Exhibit C. 191. Nace had no interest in purchasing the Farmhouse Tract for himself or EK Ventures. 192. If Nace had wanted to purchase the Farmhouse Tract, he could have purchased it directly from the Boyers at a price equivalent to or lower than the price he paid Dubaich. 193. After Dubaich purchased the Farmhouse Tract, Nace and RE/MAX made reasonable efforts to market the property. 194. Nace placed advertisements in Harrisburg, Perry County, and Selinsgrove newspapers and in numerous specialty publications. Additionally, Nace created and distributed full color brochures to mid-state tack and feed stores, and listed the property on the Central Pennsylvania Multiple Listing database. Nace also answered phone requests for information and showed the property to prospective buyers. 195. Nace and RE/MAX fulfilled all of their contractual obligations under the Listing Agreement. 196. Plaintiffs were unable to sell the Farmhouse Tract within one year as a result of their own actions. 197. Against the recommendations of Nace, Dubaich listed the Farmhouse Tract for much higher than the market could sustain. 198. 29 199. Michael and Tammy Evener ("the Eveners") were in negotiations or under contract to purchase the Farmhouse Tract from about February 2002 through September 2002. 200. Dubaich did not permit Nace to advertise or show the Farmhouse Tract during Dubaich's negotiations with the Eveners. 201. The Eveners, due to credit problems, were unable to secure financing to purchase the Farmhouse Tract. 202. After the Eveners were unable to secure financing to buy the Farmhouse Tract, Nace convinced Dubaich to allow him to attempt to find another buyer. 203. Nace facilitated at least two more contracts by potential buyers to purchase the Farmhouse Tract, which fell through in part because: a. Dubaich placed deed restrictions on the property that were unacceptable to the potential buyers; b. Dubaich refused to complete a property disclosure statement; and, c. Dubaich refused to correct any defects in the property. 204. After the Boyers moved from the Farmhouse Tract, Dubaich allowed the boiler to run out of oil, causing the pipes to freeze and break due to lack of heat and resulting in extensive damage to the home. 205. At the end of the year following Dubaich's purchase of the Property, Nace purchased the Farmhouse Tract at a price that would net Dubaich $125,000.00. 206. Nace, in his individual capacity, purchased the Farmhouse Tract, and, as such, EK Ventures was relieved of any obligation under the Ventures Agreement. 30 207. The fair market value of the Farmhouse Tract was below $125,000.00 at the time of the sale to Nace, in part because of the substantial damage to the plumbing and heating system caused by Dubaich's neglect. 208. Nace is entitled to a setoff for any damages incurred as a result of Dubaich's failure to maintain the Property prior to transferring it to Nace. 209. Nace has not profited from his purchase of the Property. On the contrary, Nace has incurred substantial financial losses as a result of the transaction. 210. Plaintiffs' recovery is barred or reduced as a result of their own unclean hands and inequitable conduct, including but not limited to making repeated false allegations against RE/MAX and Nace in their Complaint. 211. Dubaich never sought to rescind any listing agreements. 212. At all times material to the allegations of Plaintiffs' Complaint, Plaintiffs had the advice of counsel or access thereto. 213. At all times material to the allegations of Plaintiffs' Complaint, Plaintiffs and their attorney were well aware of all aspects of transaction. 31 WHEREFORE, Defendants RE/MAX and Nace request that the Court enter judgment in their favor and against Plaintiffs, and that Defendants be awarded costs of suit together with such other relief as the Court deems just and proper. McNEES WALLACE & NURICK LLC By 2,? V ",&? Jonathan H. R dd, Esquire Attorney I.D. No. 56880 Susan V. Metcalfe, Esquire I.D. No. 85703 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defendants Kirk L. Nace and Re/Max Realty Associates, Inc. Dated: February oZ , 2007 32 VERIFICATION Subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my knowledge or information and belief. Kirk L. Nace Dated: .2i 4 se- z> VERIFICATION Subject to the penalties of 18 Pa. C.S,A. §4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my knowledge or information and belief. Louis S. Puliti Dated: ! ,a„f ? fa (r n J' K Stamp Not 2001-MRS Consid: 250,000 •.,??r e¦MI,w - e,.4?¦w,H N.¦¦,. David I Magee, hcarder Loc: TUSCARORA IF . Aftt: N Date 12/17/2001 Ting 09:12:41 1 of Famearwalth of Peix>6ylyania 2,500.00 No., 2001-00041725 MR Bank 1450 Page TUSCARORA TORIP 11250.00 SREENWM 5C" 019T (.51) 17250.00 By: LK Total 50000.00 T H I S DEED MADE the day of December in the year two thousand one (2001) . BETWEEN B. BRUCE BAYER and WANDA L. BOYER, his wife, hereinafter referred to as the Grantors, AND IL SCOW CRAMM Attorney of Low e s. Market at. ?.0. DMOPOW 169 Dwabrmn, PA 17020 the Grantee, MICHAEL DUBAICH, hereinafter referred to as WITNESSETH, That in consideration of the sum of Two Hundred Fifty Thousand and No/100--($250,000.00)--Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantee, his heirs and assigns, ALL that certain piece, parcel or tract of land situate in Tuscarora Township, Perry County, Pennsylvania, more particularly bounded and described in accordance with a Subdivision Plan dated August 6, 2001 and recorded in Perry County Plan Book 50 Page 24, prepared by Thomas L. Palm, Professional Land Surveyor, as follows: BEGINNING at point in the center road of State Route 17, which point marks a corner of lands now or formerly Leslie W. Weibley and is North 16 degrees 48 minutes 28 seconds West, a distance of 19.84 feet from an existing concrete monument, denoted as the Primary Control Point on the hersi.nabove referenced Subdivision Plan; thence through the center of 4 Ps5 96 Station: View14 - 08/17/2006 10:32:42 AM PERRY COUNTY Inst.# 200109795 - Page C I . IL Scarf CRMCR M OMW of taw a ahk"St. P. D. Dmn1 101 Mk*& %^ PA IMG Date 12/1712001 Time 49:12143 2 of 4 Pas No: 2001-00041725 ON Daa4t 1450 Page 97 State Route 017, North 69 degrees 43 minutes 05 seconds East, a distance of 981.79 feet to a point; thence by lands now or formerly Timmy L. Casner and through an existing iron pin, South 20 degrees 13 minutes 04 seconds East, a distance of 181.40 feet to an existing iron pin; thence continuing by same, North 69 degrees 40 minutes 53 seconds East, a distance of 404.75 feet to an existing concrete monument; thence continuing by same and through an existing concrete monument, North 20 degrees 18 minutes 19 seconds West, a distance of 181.40 feet to a point in the center of State Route 17; thence through the center of State Route 17, North 70 degrees 06 minutes 06 seconds East, a distance of 401.98 feet to a point; thence continuing by same, North 73 degrees 33 minutes 35 seconds East, a distance of 196.67 feet to a point; thence by lands now or formerly William R. 8heaffer and through an existing iron pin, South 18 degrees 26 minutes 54 seconds East, a distance of 133.93 feet to an existing iron pin; thence continuing by same, North 71 degrees 20 minutes 37 seconds East, a distance of 146.53 feet to an existing iron pin; thence continuing by same, South 17 degrees 03 minutes 18 seconds East, a distance of 1454.36 feet to an existing iron pin; thence by lands now or formerly P. Robert Wenger, South 74 degrees 14 minutes 55 seconds West, a distance of 742.07 feet to an existing iron pin; thence continuing by same, South 68 degrees 14 minutes 32 seconds West, a distance of 450.27 feet to existing stones; thence continuing by same, South 65 degrees 30 minutes 16 seconds West, a distance of 192.10 feet to an iron pin; thence by Lot No. 7 and Lot No. 6 on the hereinabove referenced Subdivision Plan, North 24 degrees 11 minutes 03 seconds West, a distance of 684.81 feet to an iron pin; thence by Lot No. 6 on the hereinabove referenced Subdivision Plan and lands now or formerly Christopher E. Boyer and through an existing concrete monument, South 70 degrees 20 minutes 18 seconds West, a distance of 670.33 feet to an existing iron pin; thence by lands now or formerly Leslie W. Weibley and through an existing concrete monument, North 16 degrees 48 minutes 28 seconds West, a distance of 883.93 feet to a point in the center road of State Route 17, the place of BEGINNIN0, containing 63.528 acres, more or less, and being designated on the hereinabove referenced Subdivision Plan as Lot No. 5. Station: View14 - 08/17/2006 10:32:42 AM PERRY COUNTY inst.# 200109795 - Page Rate 12117/2001 Time 04:12:43 3 of 4 No. 2001-00041725 DEN Bank 1450 Pan BEING a part of the same premises which O. Dow Fosselman and Sara C. Fosselman, his wife, Hazel G. Fosselman, Administratrix of the Estate of R. C. Fosselman, Hazel G. Fosselman, widow, individually, and Mary Jane Crull, widow, by their deed dated October 29, 1965 and recorded in Perry County Deed Book 186, Page 522, granted and conveyed unto B. Bruce Boyer and Wanda L. Boyer, his wife, Grantors herein. 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 above-written. Sealed and delivered in the presence of 00 B. Bruce Boye ZP)"14Ld_. u[. &l (SEAL) Wanda L. Boyer F Certificate of Residence I hereby certify, that the recise residence of the grantee herein is as follows: j?.p?. ,76,:;t- a o j L. tee. r/ /* / 7 r/ leJ Agent for [tee .- "-? A. 4CWT CAAMM ntWW of LW 6AM~St. ?. a omaw tai tw wwwwn, M IMO Station: View14 - 08/17/2006 10:32:42 AM PERRY COUNTY / Inst.# 200109795 - Page 3 t I1.3corr CRAMER Aftn wl at Low 0 E. mares !1. i P.O. Draw 15P ' t Pwnoannan, PA I7070 ) Station: View14 - 08/17/2006 10:32:42 AM 4. Date 17/17/2001 Tine 09.12:43 4 of No, 2001-.00041725 0 Book 1450 Pase COMMONWEALTH OF PENNSYLVANIA) )SS COUNTY OF PERRY ) On this the ?y day of December, 2001 before me the undersigned officer, personally appeared, B. Bruce Boyer and Wanda L. Boyer, his wife, 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 WHEREOF, I have hereunto set my hand and notarial seal. 1( Sit i i Or j'p , • • ?4 t j9j•?f? •? 1. ??/?y"n ?!A°' le RUIH0.E;: "t,?Zt `t'TGt# ryt 'lftt °y 4'r# ,Ori expires: i3+xlm? FG Y 1 r Z0D5 ry t p fi 't ' 04AI riF2C ? PERRY COUNTY I?t Inst.# 200109795 - Page LISTING CONTRACT EXCLUSIVE RIGHT TO SELL REAL PROPERTY BROKER (Company) lit/M Hizi LICENSEE(S) ' i SELLER ASSOCIATES INC. 1. PROPERTY e'- "/ LISTED PRICE $ Address y ?' /i"r` t ?l iJ i r? 4 . ?4 tmd 2 f/. , r3? r ?.o r<. Municipality (city, borough, township) 7•s f? ! '4¢ e ' County School District i I' r? Zoning and Present Use x Identification Number (For example, tax identification number; parcel number; deed book, page, recording date) air 2. STARTING & ENDING DATES OF LISTING CONTRACT (also called "Term") A. No Association of REALTORS& has set or recommended the term of this contract. By law, the length or term of a listing contract may not exceed one year. Broker and Seiler have/disc sed and agreed upon the length or term of this contract. B. Starting Date: This Contract starts when signed by Brokers and eller, unless otherwise stated here: C. Ending Date: This Contract ends on it 3. PURPOSE OF THIS CONTRACT Seller is hiring Broker to market Property and to find a buyer. Seller will refer all offers and inquiries to Broker. Seller allows Broker to use print and/or electronic advertising, including interior and exterior photographs. Broker is acting as Seller Agent, as described in the Consumer Notice. 4. BROKER'S FEE No Association of REALTORS® has set or recommended the Broker's Fee. Broker and Seller have negotiated the fee, that Seller will pay Broker. The Broker's Fee is `,- rf of/from the Sale Price plus a Transaction fee of '% to be paid by the seller. 5. COOPERATION WITH OTHER BROKERS Licensee has explained Broker's company policies about cooperating with other brokers. Broker and Seller agree that Broker will pay from Broker's Fee a fee to another broker who procures the buyer, is a member of a Multiple Listing Service, and who: A. represents the Seller (SUBAGENT). c ? No EtYes If Yes, amount: -3 71 of/from the sale price. B. represents a buyer (BUYER'S AGENT). A Buyer's Agent, even if compensated by Broker or Seller, will represent the interests of the buyer. ? No l Mcs If Yes, amount of/from the sale price. C. does not represent either the Seller or a buyer (TRANSACTION LICENSEE). ? No W Yes If Yes, amount: 3 Iu of/from the sale price. 6. PAYMENT OF BROKER'S FEE A. Seller will pay Broker's Fee if Property, or any ownership interest in it, is sold or exchanged during the term of this Contract by Broker, Broker's agents, Seller, or by any other person or broker, at the listed price or any price acceptable to Seller. B. Seller will pay Broker's Fee if negotiations that are pending at the Ending Date of this Contract result in a sale. C. Seller will pay Broker's Fee after the Ending Date of this Contract IF: (1) A sale occurs within f days of the Ending Date, AND (2) The buyer was shown or negotiated to buy the Property during the term of this contract. Seller will not owe Broker's Fee if the Property is listed under an "exclusive right to sell contract" with another broker at the time of the sale. 7. BROKER'S FEE IS SALE DOES NOT OCCUR A. Seller will pay Broker's Fee if a ready, willing, and able buyer is found by Broker or by anyone, including Seller. A willing buyer is one who will pay the listed price or more for the Property, or one who has submitted an offer accepted by Seller. B. If the 1 ,Vrty or any part of it is taken by any government for public use (Eminent Domain), Seller will pay Broker // ?2 of/from any money paid by the government. C. If a buyer signs an agreement of sale then refuses to buy the Property, or if a buyer is unable to buy it because of failing to do all the thing required of the buyer in the agreement of sale, Seller will pay Broker: (1) 1 of/from buyer's deposit monies OR (2) the Broker's Fee in Paragraph 4, whichever is less, D. If Seller removes the Property from the market before the above mentioned "Ending Date", Seller agrees to pay Broker a Marketing Fee of 8. DUAL AGENCY Seller agrees that Broker may also represent the buyer(s) of the Property. Broker is a DUAL AGENT when representing both Seller and the buyer in the sale of a property. Designated Agency: ? Not Applicable. Applicable. Broker may designate licensees to represent the separate interests of Seller and the buyer. Licensee (identi- t feed above) is the Designated Agent, who will act exclusively as the Seller Agent. If Property is introduced to the buyer by a licensee in the Company who is not representing the buyer, then that licensee is authorized to work on behalf of Seller. If Licensee is also the Buyer Agent, then Licensee is a DUAL AGENT. 9. BROKER'S SERVICE TO BUYER Seller understands that Broker may provide services to a buyer for which Broker may charge the buyer a Transaction Fee of up to $250.00. Such services may include, but are not limited to, deed/document preparation; ordering certifications required for closing; financial services; title transfer and preparation services; ordering insurance, con- struction, repair, or inspection services. Broker Will disclose to Seller if additional fees are to be paid to Broker by buyer. 10. OTHER PROPERTIES Seller agrees that Broker may list other properties for sale and that Broker may show other prop- erties to prospective buyers. 11. CONFLICT OF INTEREST A conflict of interest is when Broker or Licensee has a financial or personal interest where Broker or Licensee cannot put Seller's interests before any other. If Broker, or any of Broker's salespeople, has a conflict of interest, Broker will notify Seller in a timely manner. Seller Initials ) Page 1 of 3 Broker/Licensee Initials __ f rf t !__ 12. SETTLEMENT & POSSESSION A. Preferred Settlement Date: /1/ ? n(i (J B. Seller will give possession of the Property to Buyer at settlement or on ?L d C. (1) If the Property, or any part of it, is rented, Seller will give any leases to Broker before signing this Contract. (2) If any leases are oral, Seller will provide a written summary of the terms, including amount of rent, ending date, and Tenant's responsibilities. (3) Seller will not enter into or renew any lease during the term of this Contract except as follows: 13. TITLE A. At settlement, Seller will give full rights of ownership (fee simple) to a buyer except as follows: (1) Mineral Rights Agreements (2) Other B. Seller has: ? Yes ? No Mortgage with Address Phone Acct. # Amount of balance $ ? Yes ? No Equity loan with Address Phone Acct. # Amount of balance $ ? Yes ? No Seller authorizes Broker to receive mortgage payoff and/or equity loan payoff information from the lender. ? Yes ? No Past Due Taxes Amount owed $ ? Yes ? No Judgments Amount $ Type ? Yes ? No Municipal Assessments Amount $ ? Yes ? No Other Amount $ C. If Seller, at any time on or since January 1, 1998, has been obligated to pay support under an order that is on record in any Pennsylvania county, list the county and the Domestic Relations Number or Docket Number: 14. MULTIPLE LISTING SERVICE (MLS) (Complete if Broker is a member of an MLS) Broker will use a Multiple Listing Service to advertise the Property to other real estate salespersons, who can tell their clients and customers about it. Seller agrees that the MLS, the Broker, and the Licensee are not responsible for mistakes in the MLS description of the Property. ? Broker will not use a Multiple Listing Service to advertise the Property to other real estate salespersons. 15. PUBLICATION OF SALE PRICE A. Seller is aware that newspapers may publish the final sale price after settlement. B. Seller will allow publishing of the sale price after Seller accepts an Agreement of Sale. ? Yes W No 16. SIGNS & KEYS Seller allows (where permitted): 0 Yes ? No Sale Sign Its' Yes ? No Sold Sign ? Yes ? No Key in Office jP Yes ? No Lock Box ? Yes ? No 17. ITEMS INCLUDED IN THE PRICE OF THE PROPERTY A. Included in the sale and purchase price are all existing items permanently installed in the Property, free of liens, including plumbing; heating; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers and transmitters; television antennas; shrubbery, plantings, and unpotted trees; any remaining heating and cooking fuels stored on the Property at the time of settlement; wall to wall carpeting; window covering hardware, shades, and blinds; built-in air conditioners; built-in appliances, and the range/oven. Also included: B. ? See attached sheet for additional items included in the sale. 18. ITEMS NOT INCLUDED IN THE PRICE OF THE PROPERTY The following items are not included in the purchase and price of the Property: A. B. Items rented by the Seller C. ? See attached sheet for additional items not included in the sale. 19. SELLER WILL REVEAL DEFECTS & ENVIRONMENTAL HAZARDS A. Seller (including Sellers exempt from the Real Estate Seller's Disclosure Act) will disclose all known material defects and/or environmental hazards on a separate disclosure statement. A material defect is a problem or condition that: (1) is a possible danger to those living on the Property, or (2) has a significant, adverse effect on the value of the Property. B. If Seller fails to tell of known material defects and/or environmental hazards, (1) Seller will not hold Broker or Licensee responsible in any way; (2) Seller will protect Broker and Licensee from any claims, lawsuits, and actions that result; (3) Seller will pay all of Broker's and Licensee's costs that result. This includes attorneys' fees and court-ordered pay- ments or settlements (money Broker or Licensee pays to end a lawsuit or claim). 20. IF PROPERTY WAS BUILT BEFORE 1978 The Residential Lead-Based Paint Hazard Reduction Act says that any Seller of property built before 1978 must give the buyer an EPA pamphlet titled Protect Your Family From Lead in Your Home. The Seller also must tell the buyer and the Broker what the Seller knows about lead-based paint and lead-based paint hazards that are in or on the property being sold. Seller must tell the buyer how the Seller knows that lead-based paint and lead-based paint hazards are on the property, where the lead-based paint and lead-based paint hazards are, the condition of the painted surfaces, and any other information Seller knows about lead-based paint and lead-based paint hazards on the property. Any Seller of a pre-1978 structure must also give the buyer any records and reports that the Seller has or can get about lead-based paint or lead-based paint hazards in or around the property being sold, the common areas, or other dwellings in multi-family housing. According to the Act, a Seller must give a buyer 10 days (unless Seller and the buyer agree to a different period of time) from the time an Agreement of Sale is signed to have a "risk assessment" or inspection for possible lead-based paint hazards done on the property. Buyers may choose not to have the risk assessment or inspection for lead paint hazards done. If the buyer chooses not to have the assessment or inspection, the buyer must inform the Seller in writing of the choice. The Act does not require the Seller to inspect for lead paint hazards or to correct lead paint hazards on the property. The Act does not apply to housing built in 1978 or later. Seller Initials Page 2 of 3 Broker/Licensee Initials L v 21. DEPOSIT MONEY A. Broker, or any person Seller and the buyer name in the Agreement of Sale, will keep all deposit monies paid by or for the buyer in an escrow account. If held by Broker, this escrow account will be held as required by real estate licensing laws and regulations. Seller agrees that the person keeping the deposit monies may wait to deposit any uneashed check that is received as deposit money until Seller has accepted an offer. B. If Seller joins Broker or Licensee in a lawsuit for the return of deposit monies, Seller will pay Broker's and Licensee's attorneys' fees and costs. 22. RECOVERY FUND Pennsylvania has a Real Estate Recovery Fund (the Fund) to repay any person who has received a final court ruling (civil judgment) against a Pennsylvania real estate licensee because of fraud, misrepresentation, or deceit in a real estate transaction. The Fund repays persons who have not been able to collect the judgment after trying all lawful ways to do so. For complete details about the Fund, call (717) 783-3658, or (800) 822-2113 (within Pennsylvania) and (717) 7834854 (outside Pennsylvania). 23. TRANSFER OF THIS CONTRACT A. Broker will notify Seller immediately in writing if Broker transfers this Contract to another broker when: (1) Broker stops doing business, OR (2) Broker forms a new real estate business, OR (3) Broker joins his business with another. Seller agrees that Broker may transfer this Contract to another broker. Broker will notify Seller immediately in writing when a transfer occurs or Broker will lose the right to transfer this Contract. Seller will follow all requirements of this Contract with the new broker. B. Should Seller give or transfer the Property, or an ownership interest in it, to anyone during the term of this Contract, all owners will follow the requirements of this Contract. 24. NOTICE TO PERSONS OFFERING TO SELL OR RENT HOUSING IN PENNSYLVANIA Federal and state laws make it illegal for a seller, a broker, or anyone to use RACE, COLOR, RELIGION or RELIGIOUS CREED, SEX, DISABI- LITY (physical or mental), FAMILIAL STATUS (children under 18 years of age), AGE (40 or older), NATIONAL ORIGIN, USE OR HANDLING/TRAINING OF SUPPORT OR GUIDE ANIMALS, or the FACT OF RELATIONSHIP OR ASSOCI- ATION TO AN INDIVIDUAL KNOWN TO HAVE A DISABILITY as reasons for refusing to sell, show, or rent properties, loan money, or set deposit amounts, or as reasons for any decision relating to the sale of property. 25. NO OTHER CONTRACTS Seller will not enter into another listing agreement with another broker that begins before the Ending Date of this Contract. 26. ADDITIONAL OFFERS ONCE SELLER ENTERS INTO AN AGREEMENT OF SALE, BROKER IS NOT REQUIRED TO PRESENT OTHER OFFERS. 27. ENTIRE CONTRACT This Contract is the entire agreement between Broker and Seller. Any verbal or written agreements that were made before are not a part of this Contract. 28. CHANGES TO THIS CONTRACT All changes to this contract must be in writing and signed by Broker and Seller. 29. SPECIAL INSTRUCTIONS The Office, of the Attorney General has not' pre-approved any special conditions or additional terms added by any parties. Any special conditions or additional terms in the Contract must comply with the Pennsylvania Plain Language Consumer Contract Act. ADDITIONAL INFORMATION (OPTIONAL) 30. TAXES, UTILITIES, & ASSOCIATION FEES A. At settlement, Seller will pay one-half of the total Real Estate Transfer Taxes, unless otherwise stated here: B. Real Estate Property Tax Assessment $ Yearly Taxes $ Wage/Income Tax Per Capita Tax $ C. Estimated Utilities (trash, water, sewer, electric, gas, oil, etc.) D. Association Fees $ Include: F CM-r 31. BUYER FINANCING Seller will accept the following arrangements for buyer to pay for the Property: ? Cash ? Buyer will apply for a mortgage. Type(s) of mortgages acceptable to Seller are: ? Yes ? No Conventional ? Yes ? No FHA ? Yes ? No VA ? Yes ? No ? Seller's help to buyer (if any): Seller has read the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336. All Sellers must sign this Contract. NOTICE BEFORE SIGNING: , IF SELLER HAS LEGAL QUESTIONS, SELLER IS ADVISED TO CONSULT AN ATTORNEY. SELLER DATE Xi Name (print) SS# !i. 5 d Mailing Address 1 i ? Phone #s FAX # E-Mail SELLER Name (print) _ Mailing Address Phone #s FAX # E-Mail BROKER (Company Name) REIM REALTY ASSOCIATES INC. ACCEPTED BY l Mailing Address 3425 Markef Street, Camp Hill, PA 17011 Phone #s (717)761-6300 FAX#,(717)761-1455 E-Mail DATE DATE SS# Page 3 of 3 LISTING CONTRACT EXCLUSIVE RIGHT TO SELL REAL PROPERTY ,?9- /f S C C /- ('a. / 05 4o BROKER (Company) R EAL SSOCIATES INC. LICENSEE(S) x2 ? "L &Yf? ,!L 7 SELLER / c ftt«/ 1. PROPERTY 2 Q / / SJ ri 11 sf LISTED PRICE $ Address /3vX 2L /?/` ?faJ 1 ?UG? f S i 5 3 2 7 ??a Municipality (city, borough, township) lee e ?" f County / School District f? Zoning and Present Use Identification Number (For example, tax identification number; parcel number; deed book, page, recording date)2. STARTING & ENDING DATES OF LISTING CONTRACT (also called "Term") A. No Association of REALTORS@ has set or recommended the term of this contract. By law, the length or term of a listing contract may not exceed one year. Broker and Seller have discussed and agreed upon the length or term of this contract. B. Starting Date: This Contract starts when signed by B ker nd Seller, unless otherwise stated here: C. Ending Date: This Contract ends on /-1t e - 3. PURPOSE OF THIS CONTRACT Seller is hiring Broker to market Property and to find a buyer. Seller will refer all offers and inquiries to Broker. Seller allows Broker to use print and/or electronic advertising, including interior and exterior photographs. Broker is acting as Seller Agent, as described in the Consumer Notice. 4. BROKER'S FEE No Association of REALTORS' has set or recommended the Broker's Fee. Broker and Seller have negotiated the fee th t S lle will pay Broker. The Broker's Fee is ?fTUv tQ of/from the Sale Price,,Plus a Transaction fee of loff to be paid by the seller. x"?z ?BFSf X115 %? /3t ?4.ed,? l? Sslt 5. COOPERATION WITH OTHER BROKERS Licensee has ezplaine?)iroker's com any po ctes a out?boperating W t other brokers. Broker and Seller agree that Broker will pay from Broker's Fee a fee to another broker who procures the buydr,°= is a member of a Multiple Listing Service, and who: (c s Ty A. represents the Seller (SUBAGENT). ? No ? Yes If Yes, amount: of/from the sale price. B. represents a buyer (BUYER'S AGENT). A Buyer's Agent, even if compensated by Broker or Seller, will represent the interests of the buyer. ? No ? Yes If Yes, amount: of/from the sale price. C. does not represent either the Seller or a buyer (TRANSACTION LICENSEE). ? No ? Yes If Yes, amount: of/from the sale price. 6. PAYMENT OF BROKER'S FEE A. Seller will pay Broker's Fee if Property, or any ownership interest in it, is sold or exchanged during the term of this Contract by Broker, Broker's agents, Seller, or by any other person or broker, at the listed price or any price acceptable to Seller. B. Seller will pay Broker's Fee if negotiations that are pending at the Ending Date of this Contract result in a sale. C. Seller will pay Broker's Fee?ft the Ending Date of this Contract IF: (1) A sale occurs within /!% days of the Ending Date, AND (2) The buyer was shown or negotiated to buy the Property during the term of this contract. Seller will not owe Broker's Fee if the Property is listed under an "exclusive right to sell contract" with another broker at the time of the sale. 7. BROKER'S FEE IF SALE DOES NOT OCCUR A. Seller will pay Broker's Fee if a ready, willing, and able buyer is found by Broker or by anyone, including Seller. A willing buyer is one who will pay the listed price or more for the Property, or one who has submitted an offer accepted by Seller. B. If the Property r any part of it is taken by any government for public use (Eminent Domain), Seller will pay Broker of/from any money paid by the government. C. If a buyer signs an agreement of sale then refuses to buy the Property, or if a buyer is unable to buy it because of failing to do all the thin?gs? ired of the buyer in the agreement of sale, Seller will pay Broker: (1) of/from buyer's deposit monies OR (2) the Broker's Fee in Paragraph 4, whichever is less. D. If Seller removes the Propygty from the market before the above mentioned "Ending Date", Seller agrees to pay Broker a Marketing Fee of /1//? 8. DUAL AGENCY Seller agrees that Broker may also represent the buyer(s) of the Property. Broker is a DUAL AGENT when representing both Seller and the buyer in the sale of a property. Designated Agency: ? Not Applicable. ? Applicable. Broker may designate licensees to represent the separate interests of Seller and the buyer. Licensee (identi- fied above) is the Designated Agent, who will act exclusively as the Seller Agent. If Property is introduced to the buyer by a licensee in the Company who is not representing the buyer, then that licensee is authorized to work on behalf of Seller. If Licensee is also the Buyer Agent, then Licensee is a DUAL AGENT. 9. BROKER'S SERVICE TO BUYER Seller understands that Broker may provide services to a buyer for which Broker may charge the buyer a Transaction Fee of up to $250.00. Such services may include, but are not limited to, deed/document preparation; ordering certifications required for closing; financial services; title transfer and preparation services; ordering insurance, con- struction, repair, or inspection services. Broker will disclose to Seller if additional fees are to be paid to Broker by buyer. 10. OTHER PROPERTIES Seller agrees that Broker may list other properties for sale and that Broker may show other prop- erties to prospective buyers. 11. CONFLICT OF INTEREST A conflict of interest is when Broker or Licensee has a financial or personal interest where Broker or Licensee cannot put Seller's interests before any other. If Broker, or any of Broker's sal6speople,?a conflict of interest, Broker will notify Seller in a timely manner. mil/ Seller Initials _*#I - _ Page I of 3 Broker/Licensee Initials _ 12. SETTLEMENT & POSSESSION / A. Preferred Settlement Date: /y ?!J B. Seller will give possession of the Property to Buyer at settlement or on C. (1) If the Property, or any part of it, is rented, Seller will give any leases to Broker before signing this Contract. (2) If any leases are oral, Seller will provide a written summary of the terms, including amount of rent, ending date, and Tenant's responsibilities. (3) Seller will not enter into or renew any lease during the term of this Contract except as follows: 13. TITLE A. At settlement, Seller will give full rights of ownership (fee simple) to a buyer except as follows: (1) Mineral Rights Agreements /') \ ntl- B. Seller has: es ? No Mortgage with Address Phone Acct. # Amount of balance $ /1 5- ?w ? Yes ? No Equity loan with Address Phone Acct. # Amount of balance $ ? Yes ? No Seller authorizes Broker to receive mortgage payoff and/or equity loan payoff information from the lender. ? Yes ? No Past Due Taxes Amount owed $ ? Yes ? No Judgments Amount $ Type ? Yes ? No Municipal Assessments Amount $ ? Yes ? No Other Amount $ C. If Seller, at any time on or since January 1, 1998, has been obligated to pay support under an order that is on record in any Pennsylvania county, list the county and the Domestic Relations Number or Docket Number: 14. MULTIPLE LISTING SERVICE (MLS) (Complete if Broker is a member of an MLS) El I Broker will use a Multiple Listing Service to advertise the Property to other real estate salespersons, who can tell their clients and customers about it. Seller agrees that the MLS, the Broker, and the Licensee are not responsible for mistakes in the MLS description of the Property. ? Broker will not use a Multiple Listing Service to advertise the Property to other real estate salespersons. 15. PUBLICATION OF SALE PRICE A. Seller is aware that newspapers may publish the final sale price after settlement. B. Seller will allow publishing of the sale price after Seller accepts an Agreement of Sale. ? Yes I7 No 16. SIGNS & KEYS Seller allows (where permitt/d): ? Yes ? No Sale Sign ? Yes ? No Sold Sign ? Yes ? No Key in Office ? Yes ? No Lock Box ? Yes ? No 17. ITEMS INCLUDED IN THE PRICE OF THE PROPERTY A. Included in the sale and purchase price are all existing items permanently installed in the Property, free of liens, including plumbing; heating; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers and transmitters; television antennas; shrubbery, plantings, and unpotted trees; any remaining heating and cooking fuels stored on the Property at the time of settlement; wall to wall carpeting; window covering hardware, shades, and blinds; built-in air conditioners; built-in appliances, and the range/oven. Also included: B. ? See attached sheet for additional items included in the sale. 18. ITEMS NOT INCLUDED IN THE PRICE OF THE PROPERTY The following items are not included in the purchase and price of the Property: A. B. Items rented by the Seller C. ? See attached sheet for additional items not included in the sale. 19. SELLER WILL REVEAL DEFECTS & ENVIRONMENTAL HAZARDS A. Seller (including Sellers exempt from the Real Estate Seller's Disclosure Act) will disclose all known material defects and/or environmental hazards on a separate disclosure statement. A material defect is a problem or condition that: (1) is a possible danger to those living on the Property, or (2) has a significant, adverse effect on the value of the Property. B. If Seller fails to tell of known material defects and/or environmental hazards, (1) Seller will not hold Broker or Licensee responsible in any way; (2) Seller will protect Broker and Licensee from any claims, lawsuits, and actions that result; (3) Seller will pay all of Broker's and Licensee's costs that result. This includes attorneys' fees and court-ordered pay- ments or settlements (money Broker or Licensee pays to end a lawsuit or claim). 20. IF PROPERTY WAS BUILT BEFORE 1978 The Residential Lead-Based Paint Hazard Reduction Act says that any Seller of property built before 1978 must give the buyer an EPA pamphlet titled Protect Your Family From Lead in hur Home. The Seller also must tell the buyer and the Broker what the Seller knows about lead-based paint and lead-based paint hazards that are in or on the property being sold. Seller must tell the buyer how the Seller knows that lead-based paint and lead-based paint hazards are on the property, where the lead-based paint and lead-based paint hazards are, the condition of the painted surfaces, and any other information Seller knows about lead-based paint and lead-based paint hazards on the property. Any Seller of a pre-1978 structure must also give the buyer any records and reports that the Seller has or can get about lead-based paint or lead-based paint hazards in or around the property being sold, the common areas, or other dwellings in multi-family housing. According to the Act, a Seller must give a buyer 10 days (unless Seller and the buyer agree to a different period of time) from the time an Agreement of Sale is signed to have a "risk assessment" or inspection for possible lead-based paint hazards done on the property. Buyers may choose not to have the risk assessment or inspection for lead paint hazards done. If the buyer chooses not to have the assessment or inspection, the buyer must inform the Seller in writing of the choice. The Act does not require the Seller to inspect for lead paint hazards or to correct lead paint hazards on the property. The Act does not apply to housing built in 1978 or later. /,??? !I 'L? Seller Initials /VV,Ift?l__ Page 2 of 3 Broker/Licensee Initials 21. DEPOSIT MONEY A. Broker, or any person Seller and the buyer name in the Agreement of Sale, will keep all deposit monies paid by or for the buyer in an escrow account. If held by Broker, this escrow account will be held as required by real estate licensing laws and regulations. Seller agrees that the person keeping the deposit monies may wait to deposit any uncashed check that is received as deposit money until Seller has accepted an offer. B. If Seller joins Broker or Licensee in a lawsuit for the return of deposit monies, Seller will pay Broker's and Licensee's attorneys' fees and costs. 22. RECOVERY FUND Pennsylvania has a Real Estate Recovery Fund (the Fund) to repay any person who has received a final court ruling (civil judgment) against a Pennsylvania real estate licensee because of fraud, misrepresentation, or deceit in a real estate transaction. The Fund repays persons who have not been able to collect the judgment after trying all lawful ways to do so. For complete details about the Fund, call (717) 783-3658, or (800) 822-2113 (within Pennsylvania) and (717) 783-4854 (outside Pennsylvania). 23. TRANSFER OF THIS CONTRACT A. Broker will notify Seller immediately in writing if Broker transfers this Contract to another broker when: (1) Broker stops doing business, OR (2) Broker forms a new real estate business, OR (3) Broker joins his business with another. Seller agrees that Broker may transfer this Contract to another broker. Broker will notify Seller immediately in writing when a transfer occurs or Broker will lose the right to transfer this Contract. Seller will follow all requirements of this Contract with the new broker. B. Should Seller give or transfer the Property, or an ownership interest in it, to anyone during the term of this Contract, all owners will follow the requirements of this Contract. 24. NOTICE TO PERSONS OFFERING TO SELL OR RENT HOUSING IN PENNSYLVANIA Federal and state laws make it illegal for a seller, a broker, or anyone to use RACE, COLOR, RELIGION or RELIGIOUS CREED, SEX, DISABI- LITY (physical or mental), FAMILIAL STATUS (children under 18 years of age), AGE (40 or older), NATIONAL ORIGIN, USE OR HANDLING/TRAINING OF SUPPORT OR GUIDE ANIMALS, or the FACT OF RELATIONSHIP OR ASSOCI- ATION TO AN INDIVIDUAL KNOWN TO HAVE A DISABILITY as reasons for refusing to sell, show, or rent properties, loan money, or set deposit amounts, or as reasons for any decision relating to the sale of property. 25. NO OTHER CONTRACTS Seller will not enter into another listing agreement with another broker that begins before the Ending Date of this Contract. 26. ADDITIONAL OFFERS ONCE SELLER ENTERS INTO AN AGREEMENT OF SALE, BROKER IS NOT REQUIRED TO PRESENT OTHER OFFERS. 27. ENTIRE CONTRACT This Contract is the entire agreement between Broker and Seller. Any verbal or written agreements that were made before are not a part of this Contract. 28. CHANGES TO THIS CONTRACT All changes to this contract must be in writing and signed by Broker and Seller. 29. SPECIAL INSTRUCTIONS The Office of the Attorney General has not pre-approved any special conditions or additional terms added by any parties. Any special conditions or additional terms in the Contract must comply with the Pennsylvania Plain Language Consumer Contract Act. ADDITIONAL INFORMATION (OPTIONAL) 30. TAXES, UTILITIES, & ASSOCIATION FEES A. At settlement, Seller will pay one-half of the total Real Estate Transfer Taxes, unless otherwise stated here: B. Real Estate Property Tax Assessment $ Yearly Taxes $ Wage/Income Tax Per Capita Tax $ C. Estimated Utilities (trash, water, sewer, electric, gas, oil, etc.) D. Association Fees $ Include: E. Other 31. BUYER FINANCING Seller will accept the following arrangements for buyer to pay for the Property: ? Cash ? Buyer will apply for a mortgage. Type(s) of mortgages acceptable to Seller are: ? Yes ? No Conventional ? Yes ? No FHA ? Yes ? No VA ? Yes ? No ? Seller's help to buyer (if any): Seller has read the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336. All Sellers must sign this Contract. NOTICE BEFORE SIGNIN /IIFF SELLER HAS LEGAL QUESTIONS, SELLER IS ADVISED TO CONSULT AN ATTORNEY. SELLER 6?y?sf' DATE Name (print) I! L )G SS# Mailing Address Phone #s FAX # E-Mail SELLER Name (print) _ Mailing Address Phone #s FAX # E-Mail DATE SS# BROKER (Company Name) RE/ REALTY AS8bC[ATES INC. ACCEPTED BY DATE Mailing Address 3425 Market Street Camp Hill PA 17011 Phone #s (717) 761-6300 FAX #(717) 761-1455 E-Mail Page 3 of 3 EXHIBIT "C" E K mUffes, Inc. PO Box 97. - Duncannon PA 17020 Phone 957-8136 - Fax 957.3012 Kirk L. Nace, President December 14, 2001 Mr. & Mrs. Michael Dubaich, Please be advised that B.K Ventures Inc. intends to purchase the existing, house, barn, 10 acres and additional outbuildings currently being purchased, as part of a 63+ acre parcel, by you from Mr. & Mrs. Bruce Boyer along PA Rte 17 west of b4illerstown. We intend to purchase this on or before December 14, 2002 if another satisfactory buyer has not been found before that time. Our purchase will net you $125,000 and we will execute a binding agreement of sale upon the final subdivision approval which you shall complete in order to create the parcel described above. Sincerely, i L N rk ace CERTIFICATE OF SERVICE I hereby certify that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Richard P. Mislitsky, Esquire Law Office of Richard P. Mislitsky One West High Street, Suite 208 P.O. Box 1290 Carlisle, PA 17013 McNEES WALLACE & NURICK LLC By r, '2;?. 4?? Jonathan H. Ru , Esquire Attorney I.D. No. 56880 Susan V. Metcalfe, Esquire Attorney I.D. No. 85703 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defendants Kirk L. Nace and Re/Max Realty Associates, Inc. Dated: February _,1,_, 2007 t,-?? _ C? e'-7 i ?' ??_? -t"1 -1 _• `? _ ? .J. ?.r ?li ? ? ` l '+/ ?sy - ? 1. .. 1 ? . f -- yy -'? c3.? . McNees Wallace & Nurick LLC Jonathan H. Rudd, Esquire Attorney I.D. No. 56880 Susan V. Metcalfe, Esquire Attorney I.D. No. 85703 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 717-237-5405 (phone) 717-237-5300 (fax) 0ruddCa_mwn.com (e-mail) Attorneys for Defendants MICHAEL DUBAICH and IN THE COURT OF COMMON PLEAS TARA DAWN HAZEN, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-4173 CIVIL TERM V. : EK VENTURES, INC., KIRK L. NACE and REMAX REALTY ASSOCIATES, INC., Defendants CIVIL ACTION - LAW NOTICE TO PLEAD TO: MICHAEL DUBAICH and TARA DAWN HAZEN, Plaintiffs and RICHARD P. MISLITSKY, ESQUIRE, their attorney: YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. McNEES WALLACE & NURICK LLC By_ Zau , db"g Jonathan H. Rudd, Esquire Attorney I . D. No. 56880 Susan V. Metcalfe, Esquire Attorney I.D. No. 85703 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defendant EK Ventures, Inc. Dated: February , 2007 McNees Wallace & Nurick LLC Jonathan H. Rudd, Esquire Attorney I.D. No. 56880 Susan V. Metcalfe, Esquire I.D. No. 85703 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 717-237-5405 (phone) 717-237-5300 (fax) irudd mwn.com (e-mail) Attorneys for Defendant EK Ventures Inc MICHAEL DUBAICH and : IN THE COURT OF COMMON PLEAS TARA DAWN HAZEN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-4173 CIVIL TERM V. EK VENTURES, INC., KIRK L. NACE and REMAX REALTY ASSOCIATES, INC., : Defendants : CIVIL ACTION - LAW ANSWER OF DEFENDANT EK VENTURES, INC. WITH NEW MATTER Defendant EK Ventures, Inc. ("EK Ventures"), by and through its attorneys McNees Wallace & Nurick LLC, for its Answer to Plaintiffs' Complaint, states as follows: 1. Admitted upon information and belief. 2. Admitted upon information and belief. 3. Denied. The averments of this paragraph are directed to a defendant other than EK Ventures and therefore no response is required. To the extent that a response would be deemed required, EK Ventures, in its corporate capacity, is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and they are therefore denied. 4. Admitted in part; Denied in part. It is admitted that Kirk L. Nace is an adult individual. As to the balance of the averments, Answering Defendant responds that the averments of this paragraph are directed to a defendant other than EK Ventures and therefore no response is required. To the extent that a response would be deemed required, the remaining averments of this paragraph are denied since EK Ventures, in its corporate capacity, is without knowledge or information sufficient to form a belief as to the truth of the remaining averments of this paragraph. 5. Denied. The averments of this paragraph are directed to a defendant other than EK Ventures and therefore no response is required. To the extent that a response would be deemed required, EK Ventures, in its corporate capacity, is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and they are therefore denied. 6. Denied. The averments of this paragraph are directed to a defendant other than EK Ventures and therefore no response is required. To the extent that a response would be deemed required, EK Ventures, in its corporate capacity, is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and they are therefore denied. 7. Denied as stated. EK Ventures, Inc. ("EK Ventures") is a Pennsylvania corporation with an address at Six South Market Street, Duncannon, Pennsylvania 17020. 8. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response would be deemed required, the averments of this paragraph are denied. 9. Denied. The averments of this paragraph are directed to a defendant other than EK Ventures and therefore no response is required. To the extent that a response would be deemed required, EK Ventures, in its corporate capacity, is without 2 Y knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and they are therefore denied. 10. Admitted. 11. Denied. RE/MAX and EK Ventures are totally separate and independent companies. No business relationship existed between RE/MAX and EK Ventures, Inc. at any time material to the subject matter of the Complaint. 12. Denied. It is denied that EK Ventures knew, had reason to know, or should have known of any alleged actions, inactions, or conduct of RE/MAX. It is denied that EK Ventures knew, had reason to know, or should have known of any alleged actions, inactions, or conduct of Nace except to the extent that he was acting as an agent or representative of EK Ventures. 13. Denied. EK Ventures did not benefit in any way from any actions or inactions alleged in the Complaint. 14. Denied. Upon information and belief, although Hazen signed the Agreement of Sale, Hazen did not go through with purchase of the Property, as evidenced by the Deed conveying the Property from the Boyers to Dubaich. A true and correct copy of the Deed is attached hereto as Exhibit A. 15. Denied. EK Ventures did not suggest or promote any agreement between Plaintiffs and the Boyers. 16. Admitted only that upon information and belief, Dubaich, and not Hazen, purchased the Property. The remaining averments are denied, since EK Ventures, in its corporate capacity, is without knowledge or information sufficient to form a belief as to the truth of the remaining averments of this paragraph. 3 17. Admitted upon information and belief, with the qualification that only Dubaich, and not Hazen, purchased the Property. 18. Denied. EK Ventures, in its corporate capacity, had no knowledge of and did not participate in any way in the subdivision of the Property. Upon information and belief, Dubaich subdivided the Property as set forth in paragraph 18. 19. Denied. Upon information and belief, on or about December 20, 2001, Dubaich entered into a listing agreement with Nace to sell the Farmhouse Tract as referred to in paragraph 18B, not paragraph 17B. Denied. Tara Hazen did not enter into a listing agreement with RE/MAX or Nace. 20. Denied. Because Plaintiffs have failed to attach the listing agreements described in this paragraph, EK Ventures is unable to admit or deny the allegations set forth therein. By way of further answer, EK Ventures did not enter into any listing agreements with Plaintiffs and did not induce either Plaintiff to enter into any listing agreement. 21. Admitted in part and denied in part. It is admitted that the properties referenced in paragraph 20 of the Complaint, i.e., the Small Lots and Plaintiffs' prior residence, are not at issue. It is admitted that only the Farmhouse Tract is at issue. Paragraph 20, above, is incorporated herein by reference. EK Ventures, in its corporate capacity, is without knowledge or information sufficient to form a belief as to whether Plaintiffs complained to RE/MAX regarding the tracts described in paragraph 20 of the Complaint. 22. Denied. Upon information and belief, Tara Hazen did not enter into a listing agreement with RE/MAX or Nace for the sale of the Farmhouse Tract. EK Ventures did not enter into a contract to market the Farmhouse Tract, and did not give 4 any guarantee concerning the ability to sell the Farmhouse Tract within one year. Dubaich, in entering into the listing agreement, did not rely on any representations by EK Ventures concerning the ability to sell the subdivided lots within one year. 23. Denied. It is denied that EK Ventures represented that the property would be easy to sell. It is further denied that Plaintiffs relied on any representation by EK Ventures concerning the ability to sell the subdivided lots within one year. EK Ventures, in its corporate capacity, is without knowledge or information sufficient to form a belief as to the truth of the remaining averments of this paragraph and they are therefore denied. 24. Denied. Upon information and belief, neither RE/MAX nor Nace ever agreed or promised to purchase the Farmhouse Tract from Plaintiffs. On the contrary, on December 14, 2001, the day of the scheduled closing, Plaintiffs tried to insist that RE/MAX provide a written guarantee that it would sell the Farmhouse Tract within one year, at a price that would net Plaintiffs $125,000.00. Nace informed Plaintiffs that RE/MAX does not provide such guarantees. At Plaintiffs' insistence, EK Ventures provided a letter stating that it intended to purchase the Farmhouse Tract at a price that would net Dubaich $125,000.00 if another buyer could not be found within one year ("Ventures Agreement"). 25. Denied. Upon information and belief, Nace did not make any representations to Plaintiffs that RE/MAX knew of or approved the Ventures Agreement. EK Ventures made no representations regarding any past agreements or business dealings involving RE/MAX. It is admitted that EK Ventures knew of and approved the Ventures Agreement. 5 26. Denied as stated. Plaintiffs did not rely on any of the representations allegedly made by EK Ventures as set forth in the Complaint except as to the representations set forth in the Ventures Agreement. 27. Denied. It is admitted only that upon information and belief at some unknown point in time, Dubaich completed the subdivision. EK Ventures is without knowledge or information sufficient to form a belief as to the remainder of the averments of this paragraph. 28. Denied. EK Ventures is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and they are therefore denied. By way of further answer, EK Ventures had nothing to do with listing the Property for sale, and had no duty to input, modify, or correct any information in the multiple listing database. 29. Denied. EK Ventures did not enter into any listing agreement with either Plaintiff, and had no duty to market or sell the subdivided parcels. 30. Denied. EK Ventures did not impede the sale of the property. EK Ventures, in its corporate capacity, is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and they are therefore denied. 31. Denied. EK Ventures, in its corporate capacity, is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and they are therefore denied. By way of further answer, EK Ventures did not enter into any listing agreement with either Plaintiff, and had no duty to market or sell the subdivided parcels. 32. Denied. The averments of this paragraph are directed to a defendant other than EK Ventures and therefore no response is required. To the extent that a 6 response would be deemed required, EK Ventures, in its corporate capacity, is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and they are therefore denied. 33. Denied. The averments of this paragraph are directed to a defendant other than EK Ventures and therefore no response is required. To the extent that a response would be deemed required, EK Ventures, in its corporate capacity, is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and they are therefore denied. 34. Denied. Paragraphs 29 and 33, above, are incorporated herein by reference. 35. Denied. Upon information and belief, Plaintiffs were at all times aware of the status of the Farmhouse Tract and Nace's efforts to find a buyer for it. On or about December 12, 2002, Nace had a discussion with Plaintiffs regarding the Ventures Agreement to determine Dubaich's intentions, that is, whether he intended to sell the Farmhouse Tract to EK Ventures, keep the property, or continue to look for another buyer. 36. Denied. Neither RE/MAX nor Nace were parties to the Ventures Agreement. The Ventures Agreement did not give EK Ventures, RE/MAX, or Nace the right to purchase the Farmhouse Tract. Rather, the Ventures Agreement gave Plaintiffs the right to force EK Ventures to purchase the property at a price that would net Dubaich $125,000.00 if another buyer could not be found by December 14, 2002. It was Plaintiffs who advised Nace and EK Ventures that Dubaich intended to exercise this right. 7 37. Denied. Paragraphs 29 and 36 above, are incorporated herein by reference. EK Ventures had no interest in owning Farmhouse Tract. Upon information and belief, Nace made every effort to sell the Farmhouse Tract, and would not have purchased the property if Plaintiffs had not chosen to enforce the Ventures Agreement. It is denied that the amount Dubaich received for the property was below fair market value. By way of further answer, the Farmhouse Tract was purchased by Nace, and not by EK Ventures. 38. Denied. Paragraph 37, above, is incorporated herein by reference. By way of further answer, upon information and belief, the suggestions Nace made regarding the terms of Plaintiffs' agreement with the Boyers benefited Dubaich by allowing him to reduce the net cost of purchasing land on which to build a horse business, and to delay making full payment to the Boyers while the parties attempted to find a buyer for the Farmhouse Tract. 39. Denied. EK Ventures, in its corporate capacity, is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph, because it is vague in that Plaintiffs have not specified when they believe Defendants took steps to arrange for financing. The allegations are therefore denied. By way of further answer, EK Ventures did not purchase the property, and had no involvement whatsoever in Dubaich's sale of the property to Nace or the financing thereof. 40. Denied. EK Ventures, in its corporate capacity, is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and they are therefore denied. Upon information and belief, it is denied that the amount Dubaich received for the Farmhouse Tract was below the amount Dubaich would have 8 netted had he insisted that EK Ventures purchase the Farmhouse Tract pursuant to the Ventures Agreement. 41. Denied. EK Ventures did not purchase the property, and had no involvement whatsoever in Dubaich's sale of the property to Nace or the financing thereof. 42. Denied. EK Ventures had no involvement in Dubaich's sale of the property to Nace or the financing thereof. EK Ventures did not submit false information to anyone concerning the purchase price of the property. By way of further answer, upon information and belief, Nace did not agree to buy the property for $125,000.00, but rather agreed, at Plaintiffs' insistence, to purchase the property at a price that would net Dubaich $125,000.00 consistent with the terms of the Ventures Agreement, and all documents are consistent with that agreement. 43. Denied. EK Ventures did not purchase the property, and had no involvement whatsoever in Dubaich's sale of the property to Nace or the financing thereof. 44. Denied. EK Ventures had no involvement in Dubaich's sale of the property to Nace or the financing thereof. It is denied that EK Ventures had any involvement in creating, or knew of the existence of, any fraudulent documents. EK Ventures did not instruct or advise Plaintiffs in any way regarding Nace's purchase of the Farmhouse Tract from Dubaich. 45. Denied. EK Ventures' response to paragraph 44, above, is incorporated herein by reference. 46. Denied. It is denied that EK Ventures had any involvement in creating, or knew of the existence of, any fraudulent documents. By way of further answer, EK 9 Ventures had no involvement in Dubaich's sale of the property to Nace. EK Ventures categorically denies forging any documents, and reserves all rights to pursue Plaintiffs and their counsel for these scandalous, libelous, undocumented, unsubstantiated, and false accusations that EK Ventures had anything to do with forging documents. 47. Denied. Paragraph 46 above, is incorporated herein by reference. By way of further answer, EK Ventures did not forge Plaintiffs' signatures or cause them to be forged. EK Ventures had no involvement in preparing any fraudulent documents. EK Ventures is without knowledge or information sufficient to form a belief as to whether Plaintiffs themselves signed the documents or authorized someone else to sign them on their behalf, and these averments are therefore denied. 48. Denied. EK Ventures did not engage in any fraudulent, illegal, or criminal conduct. EK Ventures' response to paragraphs 46 and 47 above, are incorporated herein by reference. 49. Denied. EK Ventures did not engage in any fraudulent, illegal, or criminal conduct. Upon information and belief, at all times relevant hereto, Plaintiffs were aware of, participated in, and had the advice of counsel regarding the details, including the financing arrangements, of Nace's purchase of the property from Dubaich. Dubaich did proceed with the sale of the ten-acre tract to Nace. 50. Denied. Upon information and belief, Plaintiffs' agreement with the Boyers obligated them to pay the remaining amount of the purchase price on or before December 14, 2002. It is denied that Plaintiffs were forced to sell the Farmhouse Tract to Nace. On the contrary, Plaintiffs forced Nace to purchase the property by informing him that they intended to enforce the Ventures Agreement. Plaintiffs did not transfer the 10 property to EK Ventures, and EK Ventures had no involvement in Dubaich's sale of the property to Nace. 51. Denied. Plaintiffs made no payments to EK Ventures associated with Dubaich's sale of the Farmhouse Tract to Dubaich or with the closing thereon. It is denied that the fair market value of the Farmhouse Tract was $169,900.00. Upon information and belief, Nace did not agree to buy the property for $125,000.00, but rather agreed, at Plaintiffs' insistence, to purchase the property at a price that would net Dubaich $125,000.00, the same amount Dubaich would have netted had EK Ventures purchased the Farmhouse Tract. 52. Denied. EK Ventures did not suggest that Plaintiffs commit tax fraud. EK Ventures' response to paragraph 41, above, is incorporated herein by reference. 53. Denied. Upon information and belief, Hazen did not sign any of the listing agreements because she was not an owner of the property. By way of further response, Hazen did not sign the first listing agreement, which occurred well in advance of any of the events alleged to have occurred on or shortly before closing on December 12, 2002. 54. Denied. EK Ventures did not make any misrepresentations or engage in any tortious conduct, and was not at any time aware of any alleged misrepresentations or tortious conduct of RE/MAX or Nace. By way of further answer, EK Ventures was in no way involved in Nace's purchase of the Farmhouse Tract. Nace purchased the Farmhouse Tract in his individual capacity and not as an agent or representative of EK Ventures. 55. Denied. It is denied that Plaintiffs sustained any financial losses as a result of any conduct by Defendants. Upon information and belief, due to Nace's efforts, 11 Dubaich obtained valuable real property at an extremely low cost, ultimately paying $125,000 for 53 acres of farmland. In addition, Dubaich still has two 1.5-acre parcels, which he can sell to further decrease the amount invested with the 50 acre horse farm. 56. The allegations of this paragraph were stricken by Court Order dated August 3, 2006, and therefore no reply is necessary. 57. The allegations of this paragraph were stricken by Court Order dated August 3, 2006, and therefore no reply is necessary. Count I Plaintiffs v. Defendant RE/MAX Realty Associates, Inc. Tort 58. EK Ventures' answers to paragraphs 1 through 57, above, are incorporated herein by reference as if they are set forth in length. 59-76. Denied. The averments of these paragraphs are directed to a defendant other than EK Ventures and therefore no response is required. WHEREFORE, Defendant EK Ventures requests that the Court enter judgment in its favor and against Plaintiffs, and that EK Ventures be awarded costs of suit together with such other relief as the Court deems just and proper. Count II Plaintiffs v. Defendants RE/MAX, Kirk Nace, and EK Ventures, Inc. 77. EK Ventures' answers to paragraphs 1 through 76, above, are incorporated herein by reference as if they are set forth in length. 78. Denied. The Listing Agreement attached to the Complaint as Exhibit B was entered into by Dubaich only, and not Hazen. There is no Listing Agreement attached to the Complaint as Exhibit C. 79. Denied. Upon information and belief, Nace did not induce Plaintiffs to enter into the agreement with EK Ventures. On the contrary, on the day set for closing 12 on the Boyer Property, Plaintiffs demanded a written guarantee that Plaintiffs would net $125,000.00 from the sale of the Farmhouse Tract by December 14, 2002, and they refused to close on the property without such a guarantee. It is admitted that EK Ventures agreed to purchase the Farmhouse Tract for an amount that would net Dubaich $125,000 if certain conditions were met. 80. Denied. Paragraph 79, above, is incorporated herein by reference. 81. Denied. Paragraph 79, above, is incorporated herein by reference. 82. Denied. EK Ventures, in its corporate capacity, is without knowledge or information sufficient to form a belief as the averments of this paragraph and they are therefore denied. Upon information and belief, Nace informed Plaintiffs that RE/MAX does not guarantee the sale of a home. When Plaintiffs threatened to not complete the settlement without a guarantee that they would net $125,000.00 within one year, Nace reluctantly executed the Ventures Agreement. 83. Admitted. 84. Denied. EK Ventures, in its corporate capacity, is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and they are therefore denied. 85. Denied. EK Ventures did not enter into any listing agreement with either Plaintiff, and had no duty to market or sell the subdivided parcels. As to the remaining allegations, EK Ventures, in its corporate capacity, is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations of this paragraph and they are therefore denied. 86. Denied. EK Ventures did not enter into any listing agreement with either Plaintiff, did not induce Dubaich to enter into the listing agreements with Nace or 13 RE/MAX, and did not make any representations regarding the reputations of Nace or RE/MAX. The only assurance EK Ventures made regarding the sale of the Property was set forth in the Ventures Agreement. 87. Denied. The averments of this paragraph are directed to a defendant other than EK Ventures and therefore no response is required. To the extent that a response would be deemed required, the averments of this paragraph are denied. 88. Denied. EK Ventures did not enter into any listing agreement with either Plaintiff, and had no duty to market or sell the subdivided parcels. By way of further answer, EK Ventures had nothing to do with listing the Property for sale, and had no duty to input, modify, or correct any information in the multiple listing database. 89. Denied. EK Ventures' response to paragraph 88, above, is incorporated herein by reference. 90. Denied. EK Ventures' responses to paragraphs 30, 34, and 88, above, are incorporated herein by reference. 91. Denied. EK Ventures dealt with Plaintiffs honestly and in good faith. 92. Denied. It is denied that a conflict of interest existed among Defendants. To the extent that EK Ventures' agreement to purchase the Farmhouse Tract is determined to be a conflict of interest, Plaintiffs themselves created such an alleged conflict by insisting that EK Ventures provide a written guarantee to purchase the property. Plaintiffs were aware of the relationship between Nace and EK Ventures, as is admitted by the allegations in the Complaint. 93. Admitted in part and denied in part. It is admitted that EK Ventures did not advise Plaintiffs to seek third-party expert advice. It is denied that EK Ventures had a 14 duty to advise Plaintiffs to seek any third-party expert advice. By way of further answer, at all times relevant hereto, Plaintiffs had the advice of legal counsel. 94. Denied. No interrelated financial interests existed among RE/MAX, Nace, and EK Ventures that required disclosure to Plaintiffs. RE/MAX is not affiliated in any way with EK Ventures, and the two companies do not share any financial interests. Plaintiffs were well aware of Nace's affiliation with EK Ventures. Plaintiffs were also aware that the agreement to purchase the Farmhouse Tract was made not by RE/MAX, but by EK Ventures, which is wholly separate from and independent of RE/MAX. 95. Denied. Defendants were not involved in an alleged scheme to purchase the Farmhouse Tract below market value. EK Ventures did not purchase the Farmhouse Tract; and upon information and belief, Nace had no interest in buying the property, but was forced to do so by Plaintiffs. 96. Denied. EK Ventures did not engage in any self-dealing, or any unconscionable, unethical, or illegal conduct. Paragraph 46 above, is incorporated herein by reference. 97. Denied. None of the Defendants profited from the conduct alleged in the Complaint. By way of further answer, EK Ventures did not purchase the Farmhouse Tract, and had no financial or ownership interest in it at any time. 98. Denied. EK Ventures had no involvement in Dubaich's signing of any listing agreement. Upon information and belief, Dubaich was not forced to sign the Listing Agreement attached as Exhibit G to the Complaint. Rather, Dubaich, who was represented by an attorney, executed Exhibit G because he refused to characterize the additional proceeds accurately as a credit to Nace for repairs to the property. At 15 Dubaich's insistence, and that of his attorney, a substantial portion of the amount over $125,000.00 was characterized as a commission instead of a credit for repairs. 99. The allegations of this paragraph were stricken by Court Order dated August 3, 2006, and therefore no response is required. 100. Denied. This paragraph, including all of its subparts, states a legal conclusion to which no response is required. To the extent that a response would be deemed required, EK Ventures denies that it breached any contractual, statutory, or fiduciary obligations. EK Ventures further denies that Plaintiffs suffered any harm as a result of any of the conduct alleged in the Complaint. By way of further answer, the allegations of this paragraph concerning Plaintiffs' entitlement to attorneys' fees were stricken by Court Order dated August 3, 2006. WHEREFORE, Defendant EK Ventures requests that the Court enter judgment in its favor and against Plaintiffs, and that EK Ventures be awarded costs of suit together with such other relief as the Court deems just and proper. Count III - Fraud Plaintiffs v. Defendants 101. EK Ventures' answers to paragraphs 1 through 100, above, are incorporated herein by reference as if they are set forth in length. 102. Denied. EK Ventures is a separate and totally unrelated company from RE/MAX. EK Ventures, in its corporate capacity, had no prior knowledge of, and had no reason or obligation to know of, any transaction in which Nace acted in his individual capacity or as an agent for RE/MAX, other than the fact that Nace purchased the Farmhouse Tract from Dubaich. 16 103. Denied. EK Ventures did not benefit in any way from the actions and circumstances alleged in the Complaint. EK Ventures did not purchase and has no ownership interest whatsoever in the Farmhouse Tract. 104. Denied. It is admitted only that Nace acted on behalf of EK Ventures in executing the Ventures Agreement. Nace was not acting on behalf of EK Ventures in any other capacity. 105. Denied. EK Ventures did not engage in fraud, and Plaintiffs did not suffer any financial detriment or loss from any action taken by EK Ventures. 106. This paragraph, including all of its subparts, states a legal conclusion to which no response is required. To the extent that a response would be deemed required, the averments of this paragraph are denied. EK Ventures specifically denies that it committed fraud, forged Plaintiffs' signatures on any documents, or advised Plaintiffs to commit fraud. EK Ventures' answers to paragraphs 1 through 105, above, including paragraph 46, are incorporated herein by reference. 107. Denied. EK Ventures did not attempt to dissuade any potential buyers from purchasing the property. Upon information and belief, Nace used his best efforts to sell the property. Furthermore, EK Ventures never acquired any ownership of the property. EK Ventures' answer to paragraph 46 above is incorporated herein by reference. 108. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response would be deemed required, EK Ventures denies that Plaintiffs suffered any harm as a result of any alleged conduct by EK Ventures. By way of further answer, the allegations of this paragraph concerning 17 Plaintiffs' entitlement to attorneys' fees were stricken by Court Order dated August 3, 2006. WHEREFORE, Defendant EK Ventures requests that the Court enter judgment in its favor and against Plaintiffs, and that EK Ventures be awarded costs of suit together with such other relief as the Court deems just and proper. Count IV - Negligent and/or Intentional infliction of Emotional Distress Plaintiffs v. Defendants 109-117. Plaintiffs' claim for Negligent and/or Intentional Infliction of Emotional Distress was dismissed by Court Order dated August 28, 2006, and therefore, no reply is required. WHEREFORE, Defendant EK Ventures requests that the Court enter judgment in its favor and against Plaintiffs, and that EK Ventures be awarded costs of suit together with such other relief as the Court deems just and proper. Count V - Personal Injury Michael Dubaich v. Defendants 118-128. Plaintiffs claim for Personal Injury was dismissed by Court Order dated August 28, 2006, and therefore, no reply is required. WHEREFORE, Defendant EK Ventures requests that the Court enter judgment in its favor and against Plaintiffs, and that EK Ventures be awarded costs of suit together with such other relief as the Court deems just and proper. Count VI - Demand for Punitive Damages Plaintiffs v. Defendants 129-133. Plaintiffs' claim for Punitive Damages was dismissed by Court Order dated August 28, 2006, and therefore, no reply is required. 18 WHEREFORE, Defendant EK Ventures requests that the Court enter judgment in its favor and against Plaintiffs, and that EK Ventures be awarded costs of suit together with such other relief as the Court deems just and proper. Count Vll - Violation of the Unfair Trade Practices and Consumer Protection Act Plaintiffs v. Defendants 134. EK Ventures' answers to paragraphs 1 through 133, above, are incorporated herein by reference as if they are set forth in length. 135. It is admitted upon information and belief that RE/MAX held the Listing Agreement with Dubaich attached to the Complaint as Exhibit B. There is no listing agreement attached as Exhibit C to the Complaint. 136. Denied. Upon information and belief, Nace acted on behalf of RE/MAX within the scope of the Listing Agreement only. Nace did not act on behalf of RE/MAX in any other capacity or for any other purpose. 137. Denied. Upon information and belief, RE/MAX held Defendant Nace out as acting within the scope of the Listing Agreement only. RE/MAX did not hold out Defendant Nace for any other purpose. 138. Denied. Upon information and belief, Nace and RE/MAX agreed to market the properties that Dubaich listed with them. EK Ventures is a company wholly separate from, and unrelated to, RE/MAX, and did not enter into any agreement with either Plaintiff to market or sell any property. 139. Denied. This paragraph states a legal conclusion and is directed to a Defendant other than EK Ventures, and therefore no response is required. To the extent that a response would be deemed required, the averments of this paragraph are denied. 19 140. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response would be deemed required, the averments of this paragraph are denied. 141-143. Denied. The allegations of paragraphs 141 through 144 constitute legal conclusions to which no response is required. To the extent that a response would be deemed required, the averments of these paragraphs are denied. Plaintiffs entered into the transaction described in the Complaint primarily for business purposes, and therefore Plaintiffs cannot maintain a cause of action under the UTPCPL. By way of further answer, EK Ventures did not engage in any deceptive or fraudulent conduct, or any other conduct prohibited by the UTPCPL. 144. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response would be deemed required, Defendants deny that Plaintiffs suffered any harm as a result of any alleged conduct by Defendants. 145. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response would be deemed required, the averments of this paragraph are denied. WHEREFORE, Defendant EK Ventures requests that the Court enter judgment in its favor and against Plaintiffs, and that EK Ventures be awarded costs of suit together with such other relief as the Court deems just and proper. Count VIII - Violation of the Real Estate Settlement Procedures Act (RESPA) 12 USCA §2602 et seq. Plaintiffs v. Defendants 146. EK Ventures' answers to paragraphs 1 through 145, above, are incorporated herein by reference as if they are set forth in length. 20 147-149. Denied. The averments of these paragraphs constitute legal conclusions to which no response is required. To the extent that a response would be deemed required, the averments of these paragraphs are denied. By way of further response, RESPA applies only to federally regulated mortgage loans and settlement negotiations, and does not apply to business purpose loans. EK Ventures did not provide settlement negotiations services and all relevant loans were for business purposes. 150. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response would be deemed required, the averments of this paragraph are denied. EK Ventures did not engage in any fraudulent, deceptive, or unethical conduct, or any conduct that would violate RESPA. 151. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response would be deemed required, EK Ventures denies that Plaintiffs suffered any harm as a result of any conduct alleged in the Complaint. 152. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response would be deemed required, EK Ventures denies that Plaintiffs suffered any harm as a result of any conduct alleged in the Complaint. WHEREFORE, Defendant EK Ventures requests that the Court enter judgment in its favor and against Plaintiffs, and that EK Ventures be awarded costs of suit together with such other relief as the Court deems just and proper. 21 T NEW MATTER 153. EK Ventures' answers to paragraphs 1 through 152, above, are incorporated herein by reference. 154. Plaintiffs' Complaint fails to state a claim upon which relief may be granted. 155. Some or all of Plaintiffs' claims are barred by the gist of action doctrine. 156. Some or all of Plaintiffs' claims are barred by the economic loss doctrine. 157. Some or all of Plaintiffs' claims are barred by their own contributory or comparative negligence. 158. Some or all of Plaintiffs' claims are barred by the applicable statute of limitations. 159. Some or all of Plaintiffs' claims are barred by the doctrine of laches. 160. Some or all of Plaintiffs' claims are barred by the doctrine of satisfaction and accord. 161. Some or all of Plaintiffs' claims are barred by the doctrine of waiver. 162. Some or all of the claims of Plaintiff Hazen are barred for lack of privity with Defendants. 163. Hazen lacks standing to maintain the claims asserted in the Complaint. 164. Upon information and belief, Hazen had no ownership interest in the Property sold by the Boyers. 22 165. On or about December 14, 2001, the Boyers executed a deed transferring the Property to Dubaich alone. A true and correct copy of the deed from the Boyers to Dubaich ("Deed") is attached hereto as Exhibit A. 166. Hazen did not execute any listing agreement with Nace or RE/MAX for the sale of the Farmhouse Tract. True and correct copies of the listing agreements are attached hereto as Exhibit B. 167. Hazen did not execute any listing agreement with Nace or RE/MAX for the sale of the Farmhouse Tract because she was not an owner of the Property 168. Plaintiffs intended to operate an equestrian business on the Property. 169. Plaintiffs never intended to reside on the Farmhouse Tract. 170. Plaintiffs purchased the Farmhouse solely in furtherance of their business interests. 171. Plaintiffs fail to state a claim under the UTPCPL because they did not purchase the Farmhouse Tract primarily for personal, family, or household use. 172. Plaintiffs were aware at the time of closing on December 12, 2002 that Nace did not intend to use the Farmhouse Tract as his personal residence. 173. Plaintiffs were aware at the time of closing on December 12, 2002 that Nace intended to resell or rent the Farmhouse Tract. 174. Nace has never used the Farmhouse Tract as his personal residence. 175. Plaintiffs fail to state a claim under RESPA because RESPA applies only to federally regulated mortgage loans and settlement negotiations, and does not apply to business purpose loans. 23 176. EK Ventures did not provide settlement negotiations services. 177. EK Ventures is not a licensed real estate agent or broker. 178. Plaintiffs have not sustained any harm or losses as a result of the transactions described in the Complaint. 179. To the extent Plaintiffs have sustained any alleged losses, such alleged losses were caused by Plaintiffs themselves and/or other third parties unrelated to and outside the control of EK Ventures, and/or events outside the control of EK Ventures. 180. RE/MAX and EK Ventures, Inc. are entirely separate and unrelated companies. 181. During the relevant time period, RE/MAX had no business dealings with EK Ventures. 182. EK Ventures was not, and has never been, affiliated with RE/MAX. 183. EK Ventures did not enter into any listing agreement with either Plaintiff. 184. EK Ventures had no duty to market or sell the subdivided parcels. 185. EK Ventures received no benefit from the actions or inactions of Nace and RE/MAX as alleged in the Complaint. 186. Nace was not a party to the Ventures Agreement. Rather, he signed the Agreement in his capacity as an agent or representative of EK Ventures. 187. On December 14, 2001, the closing date on the sale of the Property by the Boyers to Michael Dubaich, Plaintiffs informed Nace that they would not go through with the purchase unless RE/MAX provided a written guarantee that it would be 24 able to resell the Farmhouse Tract at a price that would net Plaintiffs at least $125,000.00. 188. In response to Plaintiffs' demand, Nace informed Plaintiffs that RE/MAX does not guarantee the sale of any property. 189. At Plaintiffs' insistence, Nace provided a letter stating that EK Ventures intended to purchase the Farmhouse Tract at a price that would net Dubaich $125,000.00 if another buyer could not be found within one year ("Ventures Agreement"). A true and correct copy of the Ventures Agreement is attached hereto as Exhibit C. 190. Nace had no interest in purchasing the Farmhouse Tract for himself or EK Ventures. 191. If Nace had wanted to purchase the Farmhouse Tract, he could have purchased it directly from the Boyers at a price equivalent to or lower than the price he paid Dubaich. 192. Nace and RE/MAX fulfilled all of their contractual obligations under the Listing Agreement. 193. Prior to one full year following Dubaich's purchase of the Property, Nace purchased the Farmhouse Tract at a price that netted Dubaich $125,000.00. 194. Nace, in his individual capacity, purchased the Farmhouse Tract on December 12, 2002, and, as such, EK Ventures was relieved of any obligation under the Ventures Agreement to purchase the Farmhouse Tract if it was not sold to another party by December 14, 2002. 25 195. Plaintiffs never made a separate demand on EK Ventures that it purchase the Farmhouse Tract after Plaintiffs became aware that Nace intended to purchase the Farmhouse Tract in his individual capacity. 196. Plaintiffs' recovery is barred or reduced as a result of their own unclean hands and inequitable conduct, including but not limited to making repeated false allegations against EK Ventures in their Complaint. 197. EK Ventures did not enter into any agreement with either Plaintiff to market or sell any property. 198. EK Ventures had no duty to market or sell any property owned by either Plaintiff. 199. At all times material to the allegations of Plaintiffs' Complaint, Plaintiffs had the advice of counsel or access thereto. 200. At all times material to the allegations of Plaintiffs' Complaint, Plaintiffs and their attorney were well aware of all aspects of the relevant transactions. 26 WHEREFORE, Defendant EK Ventures requests that the Court enter judgment in its favor and against Plaintiffs, and that Defendant be awarded costs of suit together with such other relief as the Court deems just and proper. McNEES WALLACE & NURICK LLC By Jonathan H. Rudd, Esquire Attorney I.D. No. 56880 Susan V. Metcalfe, Esquire I.D. No. 85703 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defendant EK Ventures, Inc. Dated: February 5 , 2007 EXHIBIT "A" j t? ARMA&V Of I= R ?OORT 0"o a a krn,.t a. t o. mews IN aw ovaw % PA 1M0 hM'„? ? w.ir..w? N?ri. St m Nat 200t-W76 Cmid'. ' ?50,808 Oavrdrl(a;e, Recorder LKII Illy WA TV . , p, frt; q Date 12119/2061 Tian 09212141 1 of g0omIth of Pamrlvaata 2,3H.QQ 110: MI-MI723 6EV Beak 1450 Pave NBCAIBNOA TObIIW 1 X230.00 11011 n' r ODM Big (.fit) time." Sy'. Ur Total 51000.00 T H S DEED L! MADE the / T day of December in the year two thousand one (2001). BETWEEN H. BRUCE BOYER and WANDA L. BOYER, his wife, hereinafter referred to as the Grantors, AND MICHAEL DUBAICH, hereinafter referred to as the Grantee, WITNEsSETH, That in consideration of the sum of Two Hundred Fifty Thousand and No/100--($250,000.00)--Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantee, his heirs and assigns, ALL that certain piece, parcel or tract of land situate in Tuscarora Township, Ferry County, Pennsylvania, more particularly bounded and described in accordance with a Subdivision Plan dated August 6, 2001 and recorded in Perry County Plan Book 50 Page 24, prepared by Thomas L. Palm, Professional Land Surveyor, as follows: BEGINNING at point in the center road of State Route 17, which point marks a corner of lands now or formerly Leslie.W. Weibley and is North 16 degrees 48 minutes 28 seconds West, a ,distance of 19.84 feet from an existing concrete monument, denoted as the Primary Control Point on the hereinabove referenced Subdivision Plan; thence through the center of PP" .f Station: View14 - 08117/2006 10:32:42 AM PERRY COUNTY Inst.# 200109795 - Page 1 iL' 46. f L Date 12!1712041 Tine 09112143 2 of Na: 2001-00041723 t0:f! Book 1450 Pass State Route #17, North 69 degrees 43 minutes 05 seconds East, a distance of 981.79 feet to a point; thence by lands now or formerly Timmy L. Casner and through an existing iron pin, South 20 degrees 13 minutes 04 seconds East, a distance of 181.40 feet to an existing iron pin; thence continuing by same, North 69 degrees 40 minutes 53 seconds East, a distance of 404.75 feet to an existing concrete monument; thence continuing by same and through an existing concrete monument, North 20 degrees 18 minutes'19 seconds West, a distance of 181.40 feet to a point in the center of State Route 17; thence through the center of State Route 17, North 70 degrees 06 minutes 06 seconds East, a distance of 401.98 feet to a point; thence continuing by same, North 73 degrees 33 minutes 35 seconds East, a distance of 196.67 feet to a point; thence by lands now or formerly William R. Sheaffer and through an existing iron pin, South 18 degrees 26 minutes 54 seconds East, a distance of 133.93 feet to an existing iron pin; thence continuing by same, North 71 degrees 20 minutes 37 seconds East, a distance of 146.53 feet to an existing iron pin; thence continuing by same,- South 17 degrees 03 minutes 18 seconds East, a distance of 1454.36 feet to an existing iron pin; thence by lands now or formerly P. Robert Wenger, South 74 degrees 14 minutes 55 seconds West, a distance of 742.07 feet to an existing iron pin; thence continuing by same, South 68 degrees 14 minutes 32 seconds West, a distance of 450.27 feet to existing stones; thence continuing by same, South 65 degrees 30 minutes 18 seconds West, a distance of 192.10 feet to an iron pin; thence by Lot No. 7 and Lot No. 6 on the hereinabove referenced Subdivision Plan, North 24 degrees 11 minutes 03 seconds West, a distance of 684.81 feet to an iron pin; thence by Lot No. 6 on the hereinabove referenced Subdivision Plan and lands now or formerly Christopher E. Boyer and through an existing concrete monument, South 70 degrees 20 minutes 18 seconds West, a distance of 670.33 feet to an existing iron pin; thence by lands now or formerly Leslie W. Weibley and through an existing concrete monument, North 16 degrees 48 minutes 28 seconds West, a distance of 883.93 feet to a point in the center road of State Route 17, the place of BZGINNING, containing 63.528 acres, more or less, and being designated on the hereinabove referenced Subdivision Plan as Lot No. 5. IL BUM CRAM ti"WW O"w a AA~ a r.a Deem In D wWWWnw% M 1M0 Station: View14 - 08/17/2006 10:32:42 AM PERRY COUNTY Inst.# 200109795 - Page 2 TM7 f Data 12/17/2001 Tin 0112343 3 of 4 Na= 2001-MI7250 8Qak 1150 Pm BEING a part of the saute premises which O. Dow Fosselman and Sara C. Fosselman, his wife, Hazel G. Fosselman, Administratrix of the Rotate of R. C. Fosselman, Hazel 0. Foeselman, widow, individually, and Mary Jane Crull, widow, by their deed dated October 29, 1955 and recorded in Perry County Deed Beak 186, Page 522, granted and oonvayed unto B. Bruce Boyer and Wanda L. Boyer, his wife, Grantors herein. 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 above-written. Sealed and delivered in the presence of f? (SEAL ) 1 B. Bruce Boyef d / b { aF.AY,j Wanda L. Boyer I Certificate of Residence I hereby certify, that the precise residence of the grantee herein is as follows: 1'+ r/. Zr 01to I /* / 7aYJ" AgeJnt?/for J ccee d! "We' CII/'i'J'Jiw,?7h IL NMI CPAM A aammma. F.06 a.wr TO VWWWw%rA 17M Station: View14 - 08/17/2006 10:32:42 AM PERRY COUNTY Inst.# 200109795 -Page 3 ? • 1 I • f; . .-.. .w r ,.. .q_ ...•w, rr.+nn e. .u:Yia-n. r.... v:.vtw.?y:.I..e. .llsMn.n\ vatM:•:Mtl.M•AOYY:.:?OIlTd?.LIiAWYrr: ..tdV.SIJ1'SiTf::1:AMA^j v.U Osh 12/11/2001 Ties og:12:03 4 of 1 Not 2001-MI725 MN Baca 14N Paw % COMMONWEALTH OF PENNSYLVANIA) )SS COUNTY OF PERRY ) On this the ?y day of December, 2001 before me the undersigned officer, personally appeared, B. Bruce Boyer and Wanda L. Boyer, his wife, 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 WHEREOF, I have hereunto set my hand and notarial seal. t i ,??, y,?`? MOTAR??.l,EAI. ,? ? ?• ti? expires : ex *M*ft G ?N % A , q1 R.SWII oL*JM A"WrAr at L" sLMwWft t P.O. offlm lap aw"Womh M 1700 Station: View14 - 08/17/2006 10:32:42 AM PERRY COUNTY inst.# 200109795 - Page 4 EXHIBIT "B" LISTING CONTRACT r EXCLUSIVE RIGHT TO SELL REAL PROPERTY BROKER (Company) RE/MAX REA LICENSEE(S) !,, " SELLER / if A ,;1 r + 1 ASSOCIATES INC. 1. PROPERTY e" / Address x /S ? ?'/ T i Municipality (city, borough, township) _ County Zoning and Present Use Identification Number (For example, tax LISTED PRICE S?v /?7r // P 5 ?< +a .-/,1 / 706 2 r?- School District 71 13177 -r2 identification number; parcel number; deed book, page, recording date) 2. STARTING & ENDING DATES OF LISTING CONTRACT (also called "Term") A. No Association of REALTORS® has set or recommended the term of this contract. By law, the length or term of a listing contract may not exceed one year. Broker and Seller have discussed and agreed upon the length or term of this contract. B. Starting Date: This Contract starts when signed by Brok and eller, unless otherwise stated here: C. Ending Date: This Contract ends on ` 3. PURPOSE OF THIS CONTRA& Seller is hiring Broker to market Property and to find a buyer. Seller will refer all offers and inquiries to Broker. Seller allows Broker to use print and/or electronic advertising, including interior and exterior photographs. Broker is acting as Seller Agent, as described in the Consumer Notice. 4. BROKER'S FEE No Association of REALTORS® has set or recommended the Broker's Fee. Broker and Seller have negotiated the fe? that Seller will pay Broker. The Broker's Fee is of/from the Sale Price plus a Transaction fee .of Y_?S to be paid by the seller. 5. COOPERATION WITH OTHER BROKERS Licensee has explained Broker's company policies about cooperating with other brokers. Broker and Seller agree that Broker will pay from Broker's Fee a fee to another broker who procures the buyer, is a member of a Multiple Listing Service, and who: A. represents the Seller (SUBAGENT). ? No WYes If Yes, amount: 3 of/from the sale price. B. represents a. buyer (BUYER'S AGENT). A Buyer's Agent, even if compensated by Broker or Seller, will represent the interests of the buyer. ? No gMes If Yes, amount: c of/from the sale price. C. does not represent either the Seller or a buyer (TRANSACTION LICENSEE). ? No W Yes If Yes, amount: 74, of/from the sale price. 6. PAYMENT OF BROKER'S FEE A.' Seller will pay Broker's Fee if Property, or any ownership interest in it, is sold or exchanged during the term of this Contract by Broker, Broker's agents, Seller, or by any other person or broker, at the listed price or any price acceptable to Seller. B. Seller will pay Broker's Fee if negotiations that are pending at the Ending Date of this Contract result in a sale, C. Seller will pay Broker's Fee after the Ending Date of this Contract IF: (1) A sale occurs within ? days of the Ending Date, AND (2) The buyer was shown or negotiated to buy the Property during the term of this contract. Seller will not owe Broker's Fee V the Property is listed under an "exclusive right to sell contract" with another broker at the time of the sale. 7. BROKER'S FEE IS SALE DOES NOT OCCUR A. Seller will pay Broker's Fee if a ready, willing, and able buyer is found by Broker or by anyone, including Seller. A willing buyer is one who will pay the listed price or more for the Property, or one who has submitted an offer accepted by Seller. B. If the 9rq?erty or any part of it is taken by any government for public use (Eminent Domain), Seiler, will pay Broker // ..tt of/from 'any money paid by the government. C. If a buyer signs an agreement of sale then refuses to buy the Property, or if a buyer is unable to buy it because of failing to do all the thingq) ie uired of the buyer in the agreement of sale, Seller' will pay Broker: (1) 1^ of/from buyer's deposit monies OR 1 (2) the Broker's Fee in Paragraph 4, whichever is less. D. If Seller removes the Property from the market before the above mentioned "Ending Date", Seller agrees to pay Broker a Marketing Fee of 8. DUAL AGENCY Seller agrees that Broker may also represent the buyer(s) of the Property. Broker is a DUAL AGENT when representing both Seller and the buyer in the sale of a property. ` Designated Agency: ? Not Applicable. 00 Applicable. Broker may designate licensees to represent the separate interests of Seller and the buyer. Licensee (identi- fied above) is the Designated Agent, who will act exclusively as the Seller Agent. If Property is introduced to the buyer by a licensee in the Company who is not representing the buyer, then that licensee is authorized to work on.beftalf of Seller. If Licensee is also the Buyer Agent, then Licensee is a DUAL AGENT. 9. BROKER'S SERVICE TO BUYER Seller understands that Broker may provide services to a buyer for which Broker may charge the buyer a Transaction Fee of up to $250.00. Such services may include, but are not limited to, deed/document preparation; ordering certifications required for closing; financial services; title transfer and preparation services; ordering insurance, con- struction, repair, or inspection services. Broker grill disclose to Seller if additional fees are to be paid to Broker by buyer. 10. OTHER PROPERTIES Seller agrees that Broker may list other properties for sale and that Broker may show other prop- erties to prospective buyers. 11. CONFLICT OF INTEREST A conflict of.interest is when Broker or Licensee has a financial. or personal interest where Broker or Licensee cannot put Seller's interests before any other. If Broker, or any of Broker's salespeople, has a conflict of interest, Broker will Fnotify Seller in a timely manner. Seller Initials /,j %? • ? Page 1 of 3 BrokerAUemsee Initials ?-'' a , to 12. SETTLEMENT & POSSESSION A. Preferred Settlement Date: ? l U B. Seller will give possession of the Property to Buyer at settlement or on N te.6 C. (1) If the Property, or any part of it, is rented, Seller will give any leases to Broker before signing this Contract. (2) If any leases are oral, Seller will provide a written summary of the terms, including amount of rent, ending date, and Tenant's responsibilities. (3) Seller will not enter into or renew any lease during the term of this Contract except as follows: 13. TITLE A. At settlement, Seller will give full rights of ownership (fee simple) to a buyer except as follows: (1) Mineral Rights Agreements (2) Other B. Seller has: ? Yes ? No Mortgage with Address Phone Acct. # Amount of balance $ ? Yes ? No Equity loan with Address Phone Acct. # Amount of balance $ ? Yes ? No Seller authorizes Broker to receive mortgage payoff and/or equity loan payoff information from the lender. ? Yes ? No Past Due Taxes Amount owed $ ? Yes ? No Judgments Amount $ Type ? Yes ? No Municipal Assessments Amount $ ? Yes ? No Other Amount $ C. If Seller, at any time on or since January 1, 1998, has been obligated to pay support under an order that is on record in any Pennsylvania county, list the county and the Domestic Relations Number or Docket Number: 14. MULTIPLE LISTING SERVICE (MLS) (Complete. if Broker is a member of an MLS) Broker will use a Multiple Listing Service to advertise the Property to other real estate salespersons, who can tell their clients and customers about it. Seller agrees that the MLS, the Broker, and the Licensee are not responsible for mistakes in the MLS description of the Property. ? Broker will not use a Multiple Listing Service to advertise the Property to other real estate salespersons. 15. PUBLICATION OF SALE PRICE A. Seller is aware that newspapers may publish the final sale price after settlement. B. Seller will allow publishing of the sale price after Seller accepts an Agreement of Sale. ? Yes W No 16. SIGNS & KEYS Seller allows (where permitted): 9F Yes ? No Sale Sign if Yes ? No Sold Sign ? Yes ? No Key in Office IV Yes ? No Lock Box ? Yes ? No 17. ITEMS INCLUDED IN THE PRICE OF THE PROPERTY A. Included in the sale and purchase price are all existing items permanently installed in the Property, free of liens, including plumbing; heating; lighting futures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers and transmitters; television antennas; shrubbery, plantings, and unpotted trees; any remaining heating and cooking fuels stored on the Property at the time of settlement; wall to wall carpeting; window covering hardware, shades, and blinds; built-in air conditioners; built-in appliances, and the range/oven. Also included: B. ? See attached sheet for additional items included in the sale. 18. ITEMS NOT INCLUDED IN THE PRICE OF THE PROPERTY The following items are not included in the purchase and price of the Property: A. B. Items rented by the Seller C. ? See attached sheet for additional items not included in the sale. 19. SELLER WILL REVEAL DEFECTS & ENVIRONMENTAL HAZARDS A. Seller (including Sellers exempt from the Real Estate Seller's Disclosure Act) will disclose all known material defects and/or environmental hazards on a separate disclosure statement. A material defect is a problem or condition that: (1) is a possible danger.to those living on the Property, or (2) has a significant, adverse effect on the value of the Property. B. If Seller fails to tell of known material defects and/or environmental hazards, (1) Seller will not hold Broker or Licensee responsible in any way; (2) Seller will protect Broker and Licensee from any claims, lawsuits, and actions that result; (3) Seller will pay all of Broker's and Licensee's costs that result. This includes attorneys' fees and court-ordered pay- ments or settlements (money Broker or Licensee pays to end a lawsuit or claim). 20. IF PROPERTY WAS BUILT BEFORE .1978 The Residential Lead-Based Paint Hazard Reduction Act says that any Seller of property built before 1978 must give the buyer an EPA pamphlet titled Protect Your Family From Lead in Your Home. The Seller also must tell the buyer and the Broker what the Seller knows about lead-based paint and lead-based paint hazards that are in or on the property being sold. Seller must tell the buyer how the Seller knows that lead-based paint and lead-based paint hazards are on the property, where the lead-based paint and lead-based paint hazards are, the condition of the painted surfaces, and any other information Seller knows about lead-based paint and lead-based paint hazards on the property. Any Seller of a pre-1978 structure must also give the buyer any records and reports that the Seller has or can get about lead-based paint or lead-based paint hazards in or around the property being sold, the common areas, or other dwellings in multi-family housing. According to the Act, a Seller must give a buyer 10 days (unless Seller and the buyer agree to a different period of time) from the time an Agreement of Sale is signed to have a "risk assessment" or inspection for possible lead-based paint hazards done on the property. Buyers may choose not to have the risk assessment or inspection for lead paint hazards done. If the buyer chooses not to have the assessment or inspection, the buyer must inform the Seller in writing of the choice. The Act does not require the Seller to inspect for lead paint hazards or to correct lead paint hazards on the property. The Act does not apply to housing built in 1978 or later. Seller Initials ?' ? Page 2 of 3 Broker/Licensee Initials l "? ?' `^ C 21.` DEPOSIT MONEY A. Broker, or any person Seller and the buyer name in the Agreement of Sale, will keep all deposit monies paid by or for the buyer in an escrow account. If held by Broker, this escrow account will be held as required by real estate licensing laws and regulations. Seller agrees that the person keeping the deposit monies may wait to deposit any uncached check that is received as deposit money until Seller has accepted an offer. B. If Seller joins Broker or Licensee in a lawsuit for the return of deposit monies, Seller will pay Broker's and Licensee's attorneys' fees and costs. 22. RECOVERY FUND Pennsylvania has a Real Estate Recovery Fund (the Fund) to repay any person who has received a final court ruling (civil judgment) against a Pennsylvania real estate licensee because of fraud, misrepresentation, or deceit in a real estate transaction. The Fund repays persons who have not been able to collect the judgment after trying all lawful ways to do so. For complete details about the Fund, call (717) 783-3658, or (800) 822-2113 (within Pennsylvania) and (717) 783-4854 (outside Pennsylvania). 23. TRANSFER OF THIS CONTRACT A. Broker will notify Seller immediately in writing if Broker transfers this Contract to another broker when: (1) Broker stops doing business, OR (2) Broker forms a new real estate business, OR (3) Broker joins his business with another. Seller agrees that Broker may transfer this Contract to another broker. Broker will notify Seller immediately in writing when a transfer occurs or Broker will lose the right to transfer this Contract. Seller will follow all requirements of this Contract with the new broker. B. Should Seller give or transfer the Property, or an ownership interest in it, to anyone during the term of this Contract, all owners will follow the requirements of this Contract. 24. NOTICE TO PERSONS OFFERING TO SELL OR RENT HOUSING IN PENNSYLVANIA Federal and state laws make it illegal for a seller, a broker, or anyone to use RACE, COLOR, RELIGION or RELIGIOUS CREED, SEX, DISABI- LITY (physical or mental), FAMILIAL STATUS (children under 18 years of age), AGE (40 or older), NATIONAL ORIGIN, USE OR HANDLING/TRAINING OF SUPPORT OR GUIDE ANIMALS, or the FACT OF RELA'T'IONSHIP OR ASSOCI- ATION TO AN INDIVIDUAL KNOWN TO HAVE A DISABILITY as reasons for refusing to sell, show, or rent properties, loan money, or set deposit amounts, or as reasons for any decision relating to the sale of property. 25. NO OTHER CONTRACTS Seller will not enter into another listing agreement with another broker that begins before the Ending Date of this Contract. 26. ADDITIONAL OFFERS ONCE SELLER ENTERS INTO AN AGREEMENT OF SALE, BROKER IS NOT REQUIRED TO PRESENT OTHER OFFERS. 27. ENTIRE CONTRACT This Contract is the entire agreement between Broker and Seller. Any verbal or written agreements that were made-before are not a part of this Contract. 28. CHANGES TO THIS CONTRACT All changes to this contract must be in writing and signed by Broker and Seller. 29. SPECIAL INSTRUCTIONS The Office:o' f the Attorney General has not pre-approved any special conditions or additional terms added by any parties. Any special conditions or additional terms in the Contract must comply with the Pennsylvania Plain Language Consumer Contract Act. ADDITIONAL INFORMATION (OPTIONAL) 30. TAXES, UTILITIES, & ASSOCIATION FEES A. At settlement, Seller will pay one-half of the total Real Estate Transfer Taxes, unless otherwise stated here: B. Real Estate Property Tax Assessment $ Yearly Taxes $ Wage/Income Tax Per Capita Tax $ C. Estimated Utilities (trash, water, sewer, electric, gas, oil, etc.) D. Association Fees $ Include: F nth- 31. BUYER FINANCING Seller will accept the following arrangements for buyer to pay for the Property: ? Cash ? Buyer will apply for a mortgage. Type(s) of mortgages acceptable to Seller are: ? Yes ? No Conventional ? Yes ? No FHA ? Yes ? No VA ? Yes ? No ? Seller's help to buyer (if any): Seller has read the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code 135.336. All Sellers must sign this Contract. NOTICE BEFORE SIGNINV: A' SELLER HAS LEGAL QUESTIONS, SELLER IS ADVISED TO CONSULT AN ATTORNEY. SELLER DATE i "ate Name (print) f r at .? i9 r A SS# Mailing Address ik'si i 7, - Phone #s FAX # E-Mail SELLER Name (print) _ Mailing Address Phone #s BROKER (Company Name) -RE/M RE ACCEPTED BY Mailing Address 3425 Mark Street, C Phone #s (717) 761-6300 FAX # DATE S$#_ E-Mail DATE 17011 FAX #,(717) 761-1455 E-Mail Page 3 of 3 LISTING CONTRACT EXCLUSIVE RIGHT TO SELL REAL PROPERTY BROKER (Company) R EAL SSOCIATES INC. LICENSEE(S) If, e C tiY .2 - ??,1f,L -12 SELLER ?t L PROPERTY L TED PRICE $ /6--Y qvJ Address 2 # 13,,X / y.SJ _j,-.,j995 10/ / 719dA / s i s 2 cam., Municipality (city, borough, township) Tus c4f? y County Ise! School District f Zoning and Present Use Identification Number (For example, tax identification number; parcel number; deed book, page, recording date) 2. STARTING & ENDING DATES OF LISTING CONTRACT (also called "Term") A. No Association of REALTORS' has set or recommended the term of this contract. By law, the length or term of a listing contract may not exceed one year. Broker and Seller have discussed and agreed upon the length or term of this contract. B. Starting Date: This Contract starts when signed by B ker?nd Seller, unless otherwise stated here: C. Ending Date: This Contract ends on 3. PURPOSE OF THIS CONTRACT Seller is hiring Broker to market Property and to find a buyer. Seller will refer all offers and inquiries to Broker. Seller allows Broker to use print and/or electronic advertising, including interior and exterior photographs. Broker is acting as Seller Agent, as described in the Consumer Notice. 4. BROKER'S FEE No Association of REALTORS' has set or recommended the Broker's Fee. Broker and Seller have negotiated the fee th. t S e will pay Broker. The Broker's Fee is f7'Uv tQ of/from the Sale Price ,plus a Transaction fee of C-q to be paid by the seller. ii?S tl5i" /?S f'.1 15" AO.c4 55tinstgt L about? r J S. COOPE TION WITH OTHER BROKERS Licensee has explain ro9ker`??'s company policies ies bop?era other brokers. Broker and Seller agree that Broker will pay from Broker's Fee a fee to another broker who procures the buy r,°t? is a member of a Multiple Listing Service, and who: (?u s ' s A. represents the Seller (SUBAGENT). ? No . ? Yes If Yes, amount: of/from the sale price. B. represents a buyer (BUYER'S AGENT). A Buyer's Agent, even if compensated by Broker or Seller, will represent the interests of the buyer. ? No ? Yes If Yes, amount: of/from the sale price. C. does not represent either the Seller or a buyer (TRANSACTION LICENSEE). ? No ? Yes If Yes, amount: of/from the sale price. 6. PAYMENT OF BROKER'S FEE A. Seller will pay Broker's Fee if Property, or any ownership interest in it, is sold or exchanged during the term of this Contract by Broker, Broker's agents, Seller, or by any other person or broker, at the listed price or any price acceptable to Seller. B. Seller will pay Broker's Fee if negotiations that are pending at the Ending Date of this Contract result in a sale. C. Seller will pay Broker's Fee aft the Ending Date of this Contract IF: (1) A sale occurs within -oO/ days of the Ending Date, AND (2) The buyer was shown or negotiated to buy the Property during the term of this contract. Seller will not owe Broker's Fee if the Property is listed under an "exclusive right to sell contract" with another broker at the time of the sale. 7. BROKER'S FEE IF SALE DOES NOT OCCUR A. Seller will pay Broker's Fee if a ready, willing, and able buyer is found by Broker or by anyone, including Seller. A willing buyer is one who will pay the listed price or more for the Property, or one who has submitted an offer accepted by Seller. B. If the Property r any part of it is taken by any government for public use (Eminent Domain), Seller will pay Broker /?/ of/from any money paid by the government. C. If a buyer signs an agreement of sale then refuses to buy the Property, or if a buyer is unable to buy it because of failing to do all the things uired of the buyer in the agreement of sale, Seller will pay Broker: (1) e$'rpt of/from buyer's deposit monies OR (2) the Broker's Fee in Paragraph 4, whichever is less. D. If Seller removes the Propy from the market before the above mentioned "Ending Date", Seller agrees to pay Broker a Marketing Fee of /A 8. DUAL AGENCY Seller agrees that Broker may also represent the buyer(s) of the Property. Broker is a DUAL AGENT when representing both Seller and the buyer in the sale of a property. Designated Agency: ? Not Applicable. ? Applicable. Broker may designate licensees to represent the separate interests of Seller and the buyer. Licensee (identi- fied above) is the Designated Agent, who will act exclusively as the Seller Agent. If Property is introduced to the buyer by a licensee in the Company who is not representing the buyer, then that licensee is authorized to work on behalf of Seller. If Licensee is also the Buyer Agent, then Licensee is a DUAL AGENT. 9. BROKER'S SERVICE TO BUYER Seller understands that Broker may provide services to a buyer for which Broker may charge the buyer a Transaction Fee of up to $250.00. Such services may include, but are not limited to, deed/document preparation; ordering certifications required for closing; financial services; title transfer and preparation services; ordering insurance, con- struction, repair, or inspection services. Broker will disclose to Seller if additional fees are to be paid to Broker, by buyer. 10. OTHER PROPERTIES Seller agrees that Broker may list other properties for sale and that Broker may show other prop- erties to prospective buyers. 11. CONFLICT OF INTEREST A conflict of interest is when Broker or Licensee has a financial or personal interest where Broker or Licensee cannot put Seller's interests before any other. If Broker, or any of Broker's sal6speople, hash conflict of interest, Broker will notify Seller in a timely manner. Seller Initials Page 1 of 3 Broker/Licensee Initials L 1409 r12. SETTLEMENT & POSSESSION A. Preferred Settlement Date: ./Ilf /1J B. Seller will give possession of the Property to Buyer at settlement or on C. (1) If the Property, or any part of it, is rented, Seller will give any leases to Broker before signing this Contract. (2) If any leases are oral, Seller will provide a written summary of the terms, including amount of rent, ending date, and Tenant's responsibilities. (3) Seller will not enter into or renew any lease during the term of this Contract except as follows: 13. TITLE A. At settlement, Seller will give full rights of ownership (fee simple) to a buyer except as follows: (1) Mineral Rights Agreements (2) Other B. Seller has: 1?%s ? No Mortgage with /3- ??crGE Ajr-4 Address Phone Acct. # Amount of balance $ /-I 5?4cv - ? Yes ? No Equity loan with Address Phone Acct. # Amount of balance $ ? Yes ? No Seller authorizes Broker to receive mortgage payoff and/or equity loan payoff information from the lender. ? Yes ? No Past Due Taxes Amount owed $ ? Yes ? No Judgments Amount $ Type ? Yes ? No Municipal Assessments Amount $ ? Yes ? No Other Amount $ C. If Seller, at any time on or since January 1, 1998, has been obligated to pay support under an order that is on record in any Pennsylvania county, list the county and the Domestic Relations Number or Docket Number: 14. MULTIPLE LISTING SERVICE (MLS) (Complete if Broker is a member of an MLS) 1W , Broker will use a Multiple Listing Service to advertise the Property to other real estate salespersons, who can tell their clients and customers about it. Seller agrees that the MLS, the Broker, and the Licensee are not responsible for mistakes in the MLS description of the Property. ? Broker will not use a Multiple Listing Service to advertise the Property to other real estate salespersons. 15. PUBLICATION OF SALE PRICE A. Seller is aware that newspapers may publish the final sale price after settlement. B. Seller will allow publishing of the sale price after Seller accepts an Agreement of Sale. ? Yes 07 No 16. SIGNS & KEYS Seller allows (where permit ? Yes' ? No Sale Sign / ? Yes ? No Sold Sign ? Yes ? No Key in Office ? Yes ? No Lock Box ? Yes ? No 17. ITEMS INCLUDED IN THE PRICE OF THE PROPERTY A. Included in the sale and purchase price are all existing items permanently installed in the Property, free of liens, including plumbing; heating; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers and transmitters; television antennas; shrubbery, plantings, and unpotted trees; any remaining heating and cooking fuels stored on the Property at the time of settlement; wall to wall carpeting; window covering hardware, shades, and blinds; built-in air conditioners; built-in appliances, and the range/oven. Also included: B. ? See attached sheet for additional items included in the sale. 18. ITEMS NOT INCLUDED IN THE PRICE OF THE PROPERTY The following items are not included in the purchase and price of the Property: A. B. Items rented by the Seller C. O See attached sheet for additional items not included in the sale. 19. SELLER WILL REVEAL DEFECTS & ENVIRONMENTAL HAZARDS A. Seller (including Sellers exempt from the Real Estate Seller's Disclosure Act) will disclose all known material defects and/or environmental hazards on a separate disclosure statement. A material defect is a problem or condition that: (1) is a possible danger to those living on the Property, or (2) has a significant, adverse effect on the value of the Property. B. If Seller fails to tell of known material defects and/or environmental hazards, (1) Seller will not hold Broker or Licensee responsible in any way; (2) Seller will protect Broker and Licensee from any claims, lawsuits, and actions that result; (3) Seller will pay all of Broker's and Licensee's costs that result. This includes attorneys' fees and court-ordered pay- ments or settlements (money Broker or Licensee pays to end a lawsuit or claim). 20. IF PROPERTY WAS BUILT BEFORE 1978 The Residential Lead-Based Paint Hazard Reduction Act says that any Seller of property built before 1978 must give the buyer an EPA pamphlet titled Protect Your Family From Lead in Your Home. The Seller also must tell the buyer and the Broker what the Seller knows about lead-based paint and lead-based paint hazards that are in or on the property being sold. Seller must tell the buyer how the Seller knows that lead-based paint and lead-based paint hazards are on the property, where the lead-based paint and lead-based paint hazards are, the condition of the painted surfaces, and any other information Seller knows about lead-based paint and lead-based paint hazards on the property. Any Seller of a pre-1978 structure must also give the buyer any records and reports that the Seller has or can get about lead-based paint or lead-based paint hazards in or around the property being sold, the common areas, or other dwellings in multi-family housing. According to the Act, a Seller must give a buyer 10 days (unless Seller and the buyer agree to a different period of time) from the time an Agreement of Sale is signed to have a "risk assessment" or inspection for possible lead-based paint hazards done on the property. Buyers may choose not to have the risk assessment or inspection for lead paint hazards done. If the buyer chooses not to have the assessment or inspection, the buyer must inform the Seller in writing of the choice. The Act does not require the Seller to inspect for lead paint hazards or to correct lead paint hazards on the property. The Act does not apply to housing built in 1978 or later. Seller Initials h4ft Page 2 of 3 Broker/Licensee Initials I 1. DEPOSIT MONEY A. Broker, or any person Seller and the buyer name in the Agreement of Sale, will keep all deposit monies paid by or for the buyer in an escrow account. If held by Broker, this escrow account will be held as required by real estate licensing laws and regulations. Seller agrees that the person keeping the deposit monies may wait to deposit any uncashed check that is received as deposit money until Seller has accepted an offer. B. If Seller joins Broker or Licensee in a lawsuit for the return of deposit monies, Seller will pay Broker's and Licensee's attorneys' fees and costs. 22. RECOVERY FUND Pennsylvania has a Real Estate Recovery Fund (the Fund) to repay any person who has received a final court ruling (civil judgment) against a Pennsylvania real estate licensee because of fraud, misrepresentation, or deceit in a real estate transaction. The Fund repays persons who have not been able to collect the judgment after trying all lawful ways to do so. For complete details about the Fund, call (717) 783-3658, or (800) 822-2113 (within Pennsylvania) and (717) 783-4854 (outside Pennsylvania). 23. TRANSFER OF THIS CONTRACT A. Broker will notify Seller immediately in writing if Broker transfers this Contract to another broker when: (1) Broker stops doing business, OR (2) Broker forms a new real estate business, OR (3) Broker joins his business with another. Seller agrees that Broker may transfer this Contract to another broker. Broker will notify Seller immediately in writing when a transfer occurs or Broker will lose the right to transfer this Contract. Seller will follow all requirements of this Contract with the new broker. B. Should Seller give or transfer the Property, or an ownership interest in it, to anyone during the term of this Contract, all owners will follow the requirements of this Contract. 24. NOTICE TO PERSONS OFFERING TO SELL OR RENT HOUSING IN PENNSYLVANIA Federal and state laws make it illegal for a seller, a broker, or anyone to use RACE, COLOR, RELIGION or RELIGIOUS CREED, SEX, DISABI- LITY (physical or mental), FAMILIAL STATUS (children under 18 years of age), AGE (40 or older), NATIONAL ORIGIN, USE OR HANDLING/TRAINING OF SUPPORT OR GUIDE ANIMALS, or the FACT OF RELATIONSHIP OR ASSOCI- ATION TO AN INDIVIDUAL KNOWN TO HAVE A DISABILITY as reasons for refusing to sell, show, or rent properties, loan money, or set deposit amounts, or as reasons for any decision relating to the sale of property. 25. NO OTHER CONTRACTS Seller will not enter into another listing agreement with another broker that begins before the Ending Date of this Contract. 26. ADDITIONAL OFFERS ONCE SELLER ENTERS INTO AN AGREEMENT OF SALE, BROKER IS NOT REQUIRED TO PRESENT OTHER OFFERS. 27. ENTIRE CONTRACT This Contract is the entire agreement between Broker and Seller. Any verbal or written agreements that were made before are not a part of this Contract. 28. CHANGES TO THIS CONTRACT All changes to this contract must be in writing and signed by Broker and Seller. 29. SPECIAL INSTRUCTIONS The Office of the Attorney General has not pre-approved any special conditions or additional terms added by any parties. Any special conditions or additional terms in the Contract must comply with the Pennsylvania Plain Language Consumer Contract Act. ADDITIONAL INFORMATION (OPTIONAL) 30. TAXES, UTILITIES, & ASSOCIATION FEES A. At settlement, Seller will pay one-half of the total Real Estate Transfer Taxes, unless otherwise stated here: B. Real Estate Property Tax Assessment $ Yearly Taxes $ Wage/Income Tax Per Capita Tax $ C. Estimated Utilities (trash, water, sewer, electric, gas, oil, etc.) D. Association Fees $ Include: F._ Other 31. BUYER FINANCING Seller will accept the following arrangements for buyer to pay for the Property: ? Cash ? Buyer will apply for a mortgage. Type(s) of mortgages acceptable to Seller are: ? Yes ? No Conventional ? Yes ? No FHA ? Yes ? No VA ? Yes ? No ? Seller's help to buyer (if any): Seller has read the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35336. All Sellers must sign this Contract. NOTICE BEFORE SIGNING: IF SELLER HAS LEGAL QUESTIONS, SELLER IS ADVISED TO CONSULT AN ATTORNEY. SELLER .( DATE 71aad Name (print) _M Irl AAR- /yam AXII SS# Mailing Address Phone #s FAX # E-Mail SELLER Name (print) _ Mailing Address Phone #s FAX # E-Mail DATE SS# BROKER (Company Name) EILUK REALTY ASBbCIATES INC. ACCEPTED BY DATE Mailing Address 3425 Market Street, Camp Hill, PA 17011 Phone #s (717) 761-6300 FAX #(717) 761-1455 E-Mail Page 3 of 3 EXHIBIT "C" EK VaRN es, X. PO Box 97. - Duncannon PA 17024 Phone 957-8136 - Fax 957-M 2 Fork L Noce, President December 14, 2001 Mr. & Mrs. Michael Dubaich, Please be advised that E.K Ventures Inc. intends to purchase the existing, house, barn, 10 acres and additional outbuildings currently being purchased, as part of a 63+ acre parcel, by you from Mr. & Mrs. Bruce Boyer along PA Rte 17 west of Millerstovm We intend to purchase this on or before December 14, 2002 if another satisfactory buyer has not been found before that time. Our purchase will net you $125,000 and we will execute a binding agreement of sale upon the final subdivision approval which you shall complete in order to create the parcel described above. Sincerely, L. Nace VERIFICATION Subject to the penalties of 98 Pa. C.S.A. §4904 relating to unsworn falsification to authorities, 1 hereby certify that the facts set forth in the foregoing document are true and correct to the best of my knowledge or information and belief. Kirk L. Nace Dated: /J sc ?? 4 ? CERTIFICATE OF SERVICE I hereby certify that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Richard P. Mislitsky, Esquire Law Office of Richard P. Mislitsky One West High Street, Suite 208 P.O. Box 1290 Carlisle, PA 17013 McNEES WALLACE & NURICK LLC By Jonathan H. Rudd, Esquire Attorney I.D. No. 56880 Susan V. Metcalfe, Esquire Attorney I.D. No. 85703 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defendant EK Ventures, Inc. Dated: February Jr' , 2007 *? e-S "_ CIO "; MICHAEL DUBAICH and : IN THE COURT OF COMMON PLEAS TARA DAWN HAZEN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 04 - 4173 Civil Term EK VENTURES, INC., KIRK L. NACE and REMAX REALTY ASSOCIATES, INC., Defendants : CIVIL ACTION - LAW CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS As a prerequisite to service of subpoenas for documents and things pursuant to Rule 2009.22, Defendants certify that: (1) a Notice of Intent to serve subpoenas with a copy of the Subpoenas attached thereto was mailed to the counsel for Plaintiffs; (2) a copy of the Notice of Intent, including the proposed Subpoenas, is attached to this Certificate; (3) an Objection to one of the Subpoenas (to Allen E. Hench, Esq.) has been received and that Subpoena is not being presented at this time for Seal of the Court; (4) a waiver of the twenty-day waiting period has been received from counsel for Plaintiffs and it is attached; (5) the Subpoenas which will be served are identical to the other nine Subpoenas which are attached to the Notice of Intent. Date: August 3, 2007 14..' 'IV Susan V. Metcalfe Attorney for Defendants AW Law Office of Richard P. Mislitsky One West High Street P.O. Box 1290 Carlisle, Pennsylvania 17013 Richard P. Mislitsky Telephone (717) 241-6363 Fax (717) 249-7073 Daniel J. Menniti, Esquire' July 26, 2007 Susan V. Metcalfe, Esquire McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Karl M. Ledebohm, Esquire 2 Mark W. Allshouse, Esquire3 RE: Michael Dubaich and Tara Dawn Hazen v. EK Ventures, Inc., et al No. 04-4173 Dear Ms. Metcalfe: I am hereby waiving the 20-day waiting period. However, I object to you issuing a subpoena on Allen Hench, Esquire. Enclosed is my Objection to Subpoena Pursuant to Rule 4009.21. Please be advised that my office will contact you within the next 24 hours to get convenient dates for depositions in September. We are all busy; however, I respectfully cannot wait any longer to take depositions in this matter. P. Mislitsky RPM/jcm Enclosure cc: Michael Dubaich Tara Dawn Hazen Allen Hench, Esquire Of Counsel - Practices independently as Daniel J. Menniti, EsquireD Z Of Counsel - Practices independently as Karl M. Ledebohm, Esquire 3 Of Counsel - Practices independently as Christian Lawyers Solutions, LLC J' , ..k MICHAEL DUBAICH and IN THE COURT OF COMMON PLEAS TARA DAWN HAZEN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 04-4173 CIVIL TERM EK VENTURES, INC., KIRK L. NACE and REMAX REALTY ASSOCIATES, INC., Defendants CIVIL ACTION - LAW NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS To: MICHAEL DUBAICH and TARA DAWN HAZEN, Plaintiffs, and RICHARD P. MISLITSKY, Esquire, their attorney Defendants intend to serve subpoenas identical to the ones that are attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena(s). If no objection is made, the subpoenas may be served. McNEES WALLACE & NURICK LLC By Susan V. Metcalfe 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717)232-8000 Date: July 17, 2007 Attorneys for Defendants • . ' %4 Certificate of Service The undersigned hereby certifies that on this date a true and correct copy of the foregoing Notice was served by regular, first-class mail, postage prepaid, upon the following: Richard P. Mislitsky, Esq. Mislitsky & Diehl P.O. Box 1290 Carlisle, PA 17013 Date: July 17, 2007 Susan V. Metcalfe Jonathan H. Rudd, Esquire Attorney I.D. No. 56880 Susan V. Metcalfe, Esquire Attorney I.D. No. 85703 McNEES WALLACE & NURICK LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 717-232-8000 (phone) 717-237-5300 (fax) MICHAEL DUBAICH and : IN THE COURT OF COMMON PLEAS OF TARA DAWN HAZEN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 04 - 4173 Civil Term EK VENTURES, INC., KIRK L. NACE and REMAX REALTY ASSOCIATES, INC., Defendants : CIVIL ACTION - LAW MOTION TO OVERRULE OBJECTION TO SUBPOENA Defendants, by and through their counsel, McNees Wallace & Nurick LLC, hereby move this Court to overrule the Plaintiffs' Objection to Subpoena of Defendants. In support of their Motion, Defendants aver as follows: 1. Plaintiffs Michael Dubaich ("Dubaich") and Tara Dawn Hazen ("Hazen") initiated this action, arising out of their purchase of a property on which they intended to run a horse business, by filing a Praecipe for Writ of Summons on August 16, 2004. 2. On October 13, 2001, Dubaich entered into an agreement ("Agreement of Sale") with Bruce and Wanda Boyer ("Boyers") to buy a property in Millerstown, Pennsylvania, consisting of approximately sixty-three acres of farmland, a farmhouse, and barn ("the Property"). (Complaint, Ex. A.) Nace, a RE/MAX real estate agent, was the designated agent for the sellers of the Property, the Boyers. (Id.) 3. Dubaich planned to sell off the farmhouse and ten surrounding acres ("Farmhouse") in order to reduce the net amount needed to purchase the 53 acres upon which Dubaich and Hazen planned to operate their horse business. 4. At the settlement between the Boyers and Dubaich, Plaintiffs exacted a promise from Nace, on behalf of his company E. K. Ventures, Inc. ("Ventures Agreement") that, if no other buyer could be found prior to December 14, 2002, Ventures would buy the Farmhouse at a price that would net Dubaich $125,000.00. (Complaint, Ex. D.) 5. Ultimately, another buyer could not be found, and Nace purchased the Farmhouse from Dubaich on December 12, 2002 for a price that netted Dubaich the $125,000.00 necessary to pay off a balloon payment that Dubaich owed to the Boyers. (Complaint, Ex. G.) 6. At Count I I I of the Complaint, Plaintiffs assert a claim for fraud, claiming that they relied on misrepresentations allegedly made by Defendants. (Complaint, ¶¶ 105-107.) 7. Plaintiffs allege that Nace attempted to persuade them to engage in fraudulent conduct with respect to his financing for the Farmhouse. (Complaint, IM 39- 57.) 8. Plaintiffs allege or imply that Nace forged their signatures on various documents relating to the transaction. (Id., ¶¶ 46-47.) 2 9. Plaintiffs allege that Nace put them under economic duress and forced them to sell the Farmhouse to him in a "transaction structured by Defendants." Id., ¶ 50.) 10. Plaintiffs further allege that Nace forced them to show the difference between the gross sale price and the net amount to Dubaich as a realtor's commission. (Id., ¶ 52.) 11. Plaintiffs allege that only Dubaich, and not Hazen, signed the closing documents to "demonstrate Plaintiffs' objections to the transaction." (Id., 153.) 12. Defendants have denied all of these allegations, and have averred that: a. It was Dubaich and Hazen, and not Defendants, who structured the transaction and forced Nace to purchase the Farmhouse under duress (Answer of RE/MAX and Nace, ¶¶ 24, 50); b. Plaintiffs signed the allegedly forged documents themselves or authorized someone else to sign for them (Id., 147); C. Plaintiffs were aware of, participated in, and had the advice of counsel regarding the details, including the financing arrangements, of Nace's purchase of the property from Dubaich (Id., 149); d. Neither RE/MAX nor Nace suggested that Plaintiffs commit tax fraud; e. Dubaich was not forced to declare $34,560.50 as a "realtors commission," but chose to characterize it as such at the suggestion of his attorney (Id., 152); and, f. Hazen did not refuse to sign any documents in protest; but rather, Hazen did not sign these documents because she was not an owner of 3 the property and because she did not want her involvement with the property to be known by third parties, specifically Mrs. Joseph Rehkamp, a potential business competitor. (Ld., 153) 13. As averred in the Answer of Defendants RE/MAX and Nace, Plaintiffs had the advice of their counsel, Allen E. Hench, Esquire, throughout the transaction. 14. Plaintiffs' counsel participated by telephone in the closing of the transaction between Nace and Dubaich, and therefore was a fact witness to the events that unfolded prior to and during that closing. 15. On or about July 17, 2007, Defendants served a Notice of Intent to Serve a Subpoena on Attorney Hench for records relating to the transaction involving Plaintiffs and Defendants. A true and correct copy of the Notice is attached hereto as Exhibit A. 16. On or about July 26, 2007, Plaintiffs served their objection to the proposed subpoena on the grounds that the information sought is protected by the attorney-client privilege. A true and correct copy of Plaintiffs' Objection is attached hereto as Exhibit B. 17. The attorney-client privilege protects only "confidential communications" between an attorney and his client. 42 Pa. C.S.A. § 5928. 18. Much of the information Defendants seek does not constitute confidential communications. Rather, Defendants seek documents evidencing or memorializing the facts relating to the transaction between Plaintiffs and Nace. Correspondence to and from Attorney Hench that was sent and/or received by parties other than the Plaintiffs is not protected by the attorney-client privilege since it would not constitute confidential communications if the information contained therein was disclosed to a non-client third party. Further, any documents prepared by Attorney Hench memorializing his 4 observations or statements to non-client third parties would not constitute confidential communications. 19. To the extent that there are documents in Attorney Hench's file that would otherwise constitute confidential communications, under Pennsylvania law, the attorney- client privilege may be waived when: (i) the communication is made in the presence of or communicated to a third party; (ii) the client relies on the attorney's advice in asserting a claim or defense; or (iii) the confidential information is placed at issue. 20. Plaintiffs consulted with Attorney Hench in the presence of Nace and other third parties, (Answer, 144-45), thereby waiving the attorney-client privilege between them and Attorney Hench as to any of the discussions surrounding the decisions made at the closing between Nace and Dubaich. 21. Plaintiffs have placed the advice of Attorney Hench at issue by alleging fraud in this matter and averring that they justifiably relied on misrepresentations allegedly made by Defendants, thereby waiving the attorney-client privilege. 22. Attorney Hench's records and/or testimony are critical to Defendants' contention that Attorney Hench and the Plaintiffs are the ones that forced Nace to accept the difference between the gross and net sales price as a realtor's commission to Nace. Nace borrowed extra money to fix up the Farmhouse, in part because of Plaintiffs' neglect that caused deterioration and damage to the Farmhouse. Initially, Plaintiffs wanted to retain the extra money borrowed by Nace despite that their agreement was that NaceNentures only needed to pay an amount that netted them $125,000. Eventually, Plaintiffs conceded that they were not entitled to the extra loan proceeds, but refused to allow the extra loan proceeds to be disbursed in a manner that ?9 would not be taxable to Nace. By forcing Nace to show the extra loan proceeds as a realtor's commission, rather than some other form of seller assist, Nace was forced to pay income tax on money borrowed to fix up the Farmhouse. Defendants intend to demonstrate at the trial of this matter that it is the Plaintiffs who took advantage of Nace and acted in bad faith, rather than the other way around. Plaintiffs are undoubtedly very concerned that there is information in Attorney Hench's files supporting Defendants' above-referenced contentions, which would be extremely damaging if not fatal to their claims. However, simply because the information in Attorney Hench's files is damaging to Plaintiffs is no basis for their objection to its production. Plaintiffs have placed Attorney Hench's entire involvement in the transaction between Dubaich and Nace at issue, and cannot now hide behind the attorney-client privilege to prevent Defendants from using this information to defend against what they contend are baseless and false allegations. 23. Dubaich proceeded with the closing on the sale to Nace based in part on the advice and counsel of Attorney Hench. In doing so, Dubaich acknowledged that he was only entitled to net $125,000, and was not entitled to any extra money borrowed by Nace to fix up the Farmhouse. Despite this admission at the time of the closing, Dubaich and Hazen turned around and sued Nace in an apparent attempt to recover the extra loan proceeds by claiming that Nace had not worked hard enough to find a buyer who would have purchased the Farmhouse for an amount that would have netted Dubaich more than $125,000. Defendants contend that Plaintiffs waived any claim that they were entitled to more than $125,000, whether asserted directly or indirectly, by proceeding with the closing upon the advice of Attorney Hench. If Plaintiffs were not 6 satisfied with the transaction, they should never have closed on the sale to Nace. Once again, Attorney Hench's involvement is at issue with respect to Defendants' contention that Plaintiffs have waived any claim against Defendants. 24. Plaintiffs have made numerous other factual assertions that Defendants contend are false and baseless. Defendants believe that Attorney Hench's files and/or testimony is relevant to defending against Plaintiffs' allegations and should be produced. 25. Plaintiffs' Objection to the subpoena should be overruled because the requested information is either not a confidential communication between only the lawyer and his client, and/or Plaintiffs waived the attorney-client privilege. 26. At a minimum, the Court should perform an in camera inspection of Attorney Hench's files to determine those documents that are not protected by the attorney-client privilege or for which the privilege was waived. 27. Defendants' undersigned counsel has sought the concurrence of Plaintiffs' counsel to this Motion and counsel refused to concur. 28. The Honorable J. Wesley Oler Jr. previously ruled in this matter on Defendants' Preliminary Objections to Plaintiffs' Complaint. 7 WHEREFORE, Defendants respectfully request that this Court overrule Plaintiffs' Objection to Subpoena and allow service of the Subpoena upon the records custodian for Allen E. Hench, Esquire. MINE S WALLACE & NURICK LLC By Jonathan H. Rudd, Esquire Attorney I.D. No. 56880 Susan V. Metcalfe, Esquire Attorney I.D. No. 85703 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defendants Kirk L. Nace, EK Ventures, Inc., and Re/Max Realty Associates, Inc. Dated: August J, 2007 8 ? /-k,- 6,+ A- MICHAEL DUBAICH and TARA DAWN HAZEN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. EK VENTURES, INC., KIRK L. NACE and REMAX REALTY ASSOCIATES, INC., Defendants : NO. 04-4173 CIVIL TERM CIVIL ACTION - LAW NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS To: MICHAEL DUBAICH and TARA DAWN HAZEN, Plaintiffs, and RICHARD P. MISLITSKY, Esquire, their attorney Defendants intend to serve subpoenas identical to the ones that are attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena(s). If no objection is made, the subpoenas may be served. McNEES WALLACE & NURICK LLC n By Susan V. Metcalfe 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717)232-8000 Date: July 17, 2007 Attorneys for Defendants 00[1N1'Y ? CHID MICHAEL DUBAICH and TARA DAWN HAZEN, Plaintiffs File No. 04 - 4173 Civil V. EK VENTURES, INC., KIRK L. NACE and REW REALTY ASSOCIATES, INC., Defendants ' SUBPOENA TO PROOIk>E DOOIMFMS OR THI NOS FOR DISCOVERY PtRMW TO RULE 4009.22 TO; Custodian of Records for ALLEN E. HENCH, ESQ. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All records pertaining to the real estate transac between & among Michael Du_biach, Tara Dawn Hazen a/k/a Tara Dawn Dubiach, Bruce Boyer, Wanda Boyer, Kirk Nace, Shannon Nace, &/or EK Ventures, Inc., most particularly for the December 0 at Offices of McNees Wallace & Nurick, 100 Pine Street, Harrisburg, PA (Address) settlement on property at RR1, Box 185, Millerstown, PA. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAM: Susan V. Metcalfe, Esq. of McNees Wallace & Nurick ADDRESS: 100 Pine St., P.O. Box 1166 Harrisburg, PA 17108 TELEPHONE: 717-232-8000 SUPREME COURT ID 0 8 5 7 0 3 ATTORNEY FOR: Defendants BY 1K COURT : Prothonotary/Clerk, Civil Division DATE: Sea] of the Court Deputy (Eff. 7/97) Certificate of Service The undersigned hereby certifies that on this date a true and correct copy of the foregoing Notice was served by regular, first-class mail, postage prepaid, upon the following: Richard P. Mislitsky, Esq. Mislitsky & Diehl P.O. Box 1290 Carlisle, PA 17013 Date: July 17, 2007 S"' L-??N Susan V. Metcalfe k bid MICHAEL DUBAICH and TARA DAWN HAZEN, V. Plaintiffs EK VENTURES, INC., KIRK L. NACE, and REMAX REALITY ASSOCIATES, INC, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4173 CIVIL TERM CIVIL ACTION -LAW Objection to Subpoena Pursuant to Rule 4009.21 Plaintiffs object to the proposed subpoena that is attached to these objections for the following reason: • The subpoena requests information protected by the attorney-client privilege. Respe lly submitted, Date: U 7 t MU P. 1 For: Richard P. Mislitsky, Esquire Supreme Court ID #28123 One West High Street, Suite 208 Carlisle, PA 17013 (717) 241-6363 Counsel for Plaintiffs n-saguPALTH OP PI+NNMVANTA C1oumy OF QI>I!I3ERIAND MICHAEL DUBAICH and TARA DAWN HAZEN, Plaintiffs File No. 04 - 4173 Civil V . EK VENTURES, INC., KIRK L. NACE and ' REMAX REALTY ASSOCIATES, INC., Defendants ' SUBPOENA TO PRODUCE DOOIMNTS OR THI NOS EM DISOOVERY PURSUANT TO UZ 4009.22 TiD: Custodian of Records for ALLEN E. HENCH, ESQ. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All records pertaining to the real estate transact] between & among Michael Du_biach, Tara Dawn Hazen a/k/a Tara Dawn Dubiach, Bruce Boyer, Wanda Boyer, Kirk Nace, Shannon Nace, &/or EK Ventures, Inc., most particularly for the December 02 at Offices of McNees Wallace & Nurick, 100 Pine Street, Harrisburg, PA (Address) settlement on property at RR1, Box 185, Millerstown, PA. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of oompliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the docunents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a oourt order compelling you to ca, ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME-. Susan V. Metcalfe, Esq. of McNees Wallace & Nurick ADDRESS: 100 Pine St., P.O. Box 1166 Harrisburg, PA 17108 TELEPHONE:-717-232-8000 SUPREME COURT ID # 85703 ATTORMY FOR:_ Defendants BY THE COURT: Prothonotary/Clerk, Civil Division DATE: Seal of the Court Deputy (Ef f . 1/97) MICHAEL DUBAICH and TARA DAWN HAZEN, Plaintiffs V. EK VENTURES, INC., KIRK L. NACE, and REMAX REALITY ASSOCIATES, INC, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4173 CIVIL TERM CIVIL ACTION -LAW Certificate of Service I hereby certify that a copy of the foregoing Objection to Subpoena has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid as follows: Susan V. Metcalfe, Esquire McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 submitted, Date: For: and P. Mislitsky, Esquire S reme Court ID #28123 e West High Street, Suite 208 Carlisle, PA 17013 (717) 241-6363 Counsel for Plaintiffs CERTIFICATE OF SERVICE I hereby certify that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Richard P. Mislitsky, Esquire Law Office of Richard P. Mislitsky One West High Street, Suite 208 P.O. Box 1290 Carlisle, PA 17013 McNEES WALLACE & NURICK LLC By , ;e- Jonathan H. Rudd, Esquire Attorney I.D. No. 56880 Susan V. Metcalfe, Esquire Attorney I.D. No. 85703 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defendants Kirk L. Nace, EK Ventures, Inc., and Re/Max Realty Associates, Inc. Dated: August 3 1 , 2007 c`? p r= c---7 o -?, MICHAEL DUBAICH And TARA DAWN HAZEN, Plaintiffs V. EK VENTURES, INC., KIRK L. NACE and REMAX REALTY ASSOCIATES, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-4173 CIVIL TERM ORDER OF COURT AND NOW, this 10th day of September, 2007, upon consideration of Defendants' Motion To Overrule Objection to Subpoena, a discovery conference is scheduled in chambers of the undersigned judge for Tuesday, October 23, 2007, at 10:00 p.m. BY THE COURT, J./Wesley Oler, Jr., J. Richard P. Mislitsky, Esq. One West High Street Suite 208 Carlisle, PA 17013 Attorney for Plaintiffs Jonathan H. Rudd, Esq. Asan V. Metcalfe, Esq. 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Attorneys for Defendants :rc VINV "USNN3d L Z :E did I I d3S LOU AWIONM084 BPI :10 30 L-140-MlW r MICHAEL DUBAICH and : IN THE COURT OF COMMON PLEAS TARA DAWN HAZEN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : NO. 04 - 4173 Civil Term EK VENTURES, INC., KIRK L. NACE and REMAX REALTY ASSOCIATES, INC., Defendants : CIVIL ACTION - LAW CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA As a prerequisite to service of subpoena for documents and things pursuant to Rule 2009.22, Defendants certify that: (1) a Notice of Intent to serve subpoena with a copy of the Subpoena attached thereto was mailed to the counsel for Plaintiffs; (2) a copy of the Notice of Intent, including the proposed Subpoena, is attached to this Certificate; (3) no objection to the subpoena has been received; and (4) the Subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent. IJ 2 Date: October 10, 2007 Jonathan H. Rudd Attey for Defendants MICHAEL DUBAICH and IN THE COURT OF COMMON PLEAS TARA DAWN HAZEN, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 04-4173 CIVIL TERM EK VENTURES, INC., KIRK L. NACE and REMAX REALTY ASSOCIATES, INC., Defendants CIVIL ACTION - LAW NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS To: MICHAEL DUBAICH and TARA DAWN HAZEN, Plaintiffs, and RICHARD P. MISLITSKY, Esquire, their attorney Defendants intend to serve a subpoena identical to the one that is attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena will be served. McNEES WALLACE & NURICK LLC By l1 Jonathan H. Rudd 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717)232-8000 Date: September 19, 2007 Attorneys for Defendants OOMALTH OF PENNSYLVANIA 00UN'rY OF CUMBERLAND MICHAEL DUBAICH and TARA DAWN HAZEN, Plaintiffs V. EK VENTURES, INC., KIRK L. NACE and REMAX REALTY ASSOCIATES, INC., Defendants File No. o4 - 4173 Civil SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for SMUCKER CONSTRUCTION (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the oourt to produce the following documents or things: ALL records pertaining to communications and dealings with _Michael Dub_aich and/or Tara Dawn Hazen relating to the RR #1, Box 185, Millerstown property, including but not limited to the construction of the Arena and Barn at Offices of McNees Wallace & Nurick, 100 Pine Street, Harrisburg, PA (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order aompe l l i ng you to cone 1 y with it. THIS SUBPOENA WAS ISSUED AT THE RECOEST OF THE FOLLOWING PERSON: NAME: Jonathan H. Rudd, Esq. of McNees Wallace & Nurick ADDRESS:. 100 Pine St., P.O. Box 1166 Harrisburg, PA 17108 TELEPHONE: 717-232-8000 SUPREME OOURT ID # 56880 ATTORNEY FOR: Defendants BY THE COURT: Prothonotary/Clerk, Civil Division DATE: Seal of the Court Deputy (Eff. 7/97) Certificate of Service The undersigned hereby certifies that on this date a true and correct copy of the foregoing Notice was served by regular, first-class mail, postage prepaid, upon the following: Richard P. Mislitsky, Esq. Mislitsky & Diehl P.O. Box 1290 Carlisle, PA 17013 Date: September 19, 2007 11- `j ,Lz_ Jonathan H. Rud 4 A V/V _ McNees Wallace & Nurick LLc attorneys at law CHARMAINE Y. O'HARA PARALEGAL DIRECT DIAL: (717) 237-5272 DIRECT FAX: (717) 260-1649 E-MAIL ADDRESS: COHARA p@MWN.COM September 19, 2007 Richard P. Mislitsky, Esq. Mislitsky & Diehl P.O. Box 1290 Carlisle, PA 17013 RE: Dubaich, et al. v. EK Ventures, Inc., et al. Dear Mr. Mislitsky: - Enclosed is Defendants' Notice of Intent to Serve Subpoena to Produce Documents. Also enclosed is a Waiver of the Twenty-Day Waiting Period that I request you sign and date, and return to me as quickly as possible. Very truly yours, Charmaine Y. O'Hara Paralegal Enclosures P.O. Box 1166. 100 PINE STREET • HARRISBURG, PA 17108-1166 • TEL: 717.232.8000 • FAX: 717.237.5300 • WWW.MWN.COM COLUMBUS, OH • STATE COLLEGE, PA • LANCASTER, PA • HAZLETON, PA • WASHINGTON, DC C c`^ O ? ? nil .a c.= X7'1 ? ... Cx7 ? C MICHAEL DUBAICH AND TARA DAWN HAZEN, Plaintiffs v EK VENTURES, INC., KIRK L. NACE and REMAX REALTY ASSOCIATES, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04-4173 CIVIL TERM IN RE: DISCOVERY CONFERENCE ORDER OF COURT AND NOW, this 23rd day of October, 2007, upon consideration of Defendant's Motion To Overrule Objection to Subpoena, and following a discovery conference held in the chambers of the undersigned judge on today's date, in which Plaintiffs were represented by Richard P. Mislitsky, Esquire, and Defendants were represented by Susan V. Metcalfe, Esquire, and pursuant to an agreement of counsel, it is ordered and directed as follows: 1. Plaintiffs' counsel having indicated at the conference that he is withdrawing his objections to the subpoena which is the subject matter of this conference, Defendants' Motion To Overrule Objection to Subpoena is granted; 2. Depositions of Louis Puliti, Ronald Freedman, Allen Hench, Esquire, and Kirk L. Nace shall be conducted within 60 days of today's date, unless otherwise agreed to by counsel; and 3. It is noted that Plaintiffs' counsel has indicated that he may be filing a motion to sequester the deponents during the depositions, and counsel are requested to supply brief memoranda on that issue to the Court within 5 days of the filing of such a motion. LLJ K LT? },. p-- LU t!. am CD i y , h N v /chard P. Mislitsky, Esquire One West High Street Suite 208 Carlisle, PA 17013 For Plaintiffs l asan V. Metcalfe, Esquire 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 For Defendants :mae By the Court, J. 7 sley Ole Jr., J. ~rcLaa~o ~ ~~h~lC~1 ~ 1c~c'~. V~wr+ ~'`~~dLV~ vs Case No. Q ~ _ ~ (~ Statement of Intention to Proceed To the Court: ~ `~ {~ ~ T ~ h~ ~ 2~ Zstr~ ~ LJV~ i8~tends to Print Name ~ L~ ~• ~ [~ ~, ~'l' ~5~ t~SC.~ Sn Name with the above 0 ~- .~ _ Date: 1~Ula . 3.1 ZO 1 O Attorney for Y l 2 t V1'1"'1~ S ~_~ Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit continent. I. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local Hiles promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case maybe dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Ru1e230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to ternnate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the- petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. Michael Dubaich and Tara Dawn Hazen vs Case No. 04-4 1 7 3 , s:;-?1 --a 3 C.a.) -'-1 mutt o rTi , .EK Ventures, Inc. , Kirk Nace, and Remax Realty Assoc. —4 "'D r Statement of Intention to Proceed r- cza Tac7 = 43- , G7 ©C: To the Courh Ft'AlkirS intends tt 'roceed with the above captioned matter 0 Print Name Rt G 14A) P. Ait igd7 y Sign Name A X- P. n 1 .1 Date: 3 a V(2 ,Attorney for � /i I Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I.Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 55I Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision(a)of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity,the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter,he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d)for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket,subdivision(d)(2)provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision(d)(3)requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision(d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. 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NO.0'1C x`!73 CIVIL TERM Te,epine:Cnnl Declass= EK VENTURES,INC., •04-4173 T.TRK L.NACE,and • • PWOdltt • DUBAICH MICHAEL REMAX REALTY ASSOCIATES,INC, •tlelelydo4 • EKVENTVRES INC Defendants : CIVIL ACTION—LAW - cmi-Tenn Civil-Circe Type WRITOFSUMMONS 0123/2004 - WRIT OF SUMMONS • PWIIdt53 • I HAZEN TARA DAWN Defend:1NQ NACE FIRE L ' TO THE ABOVE NAMED DEFENDANTS: • Detenda,03 REMANREALTYASSOCIATES INC E3(Ventures,Inc Kirk L.Nace Remax Realty Associates,Inc I South Market Sheet 4325 Market Street 4325 Market Street • Duncannon,PA 17020 Camp HilI,'PA 17011 Camp Hill,PA 17011 fYou are hereby notified that the above-named Plaintiff has commenced an action against you. Date c72.3/0 g- . •DxbmW.maroSemen!088.0,2 0<by is MidY Ai)A . A D V !Y'I�.;! L� S°°aluh.:r�r"L $'F rr:.�`, c�k 4173.Las F$ho R�> I t'., .i.•a....7+.,.t l Y.J,�..,x.7 w,�:,�t l� rhC...kr:r✓ ':0.v„-,......,..,K,ig6;7„ e«ilk f1f{�rc,kv • • • • • •