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Home My WebLink About05-0240 DAVID M. ESKIN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. OS - cJ..46 CluiL 'j f11-nr] GLENN R. DAVIS, CIVIL ACTION Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demand as que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamaci6n 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALlFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 DAVID M. ESKIN Plaintiff, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. DS" ).L/o C~~l '-r~ GLENN R. DAVIS Defendant CIVIL ACTION COMPLAINT FOR THE PARTITION OF REAL PROPERTY INTRODUCTION 1. This is an action for the Partition of Real Property pursuant to Rules 1551 et seq. of the Pennsylvania Rules of Civil Procedure, Pa. R.C.P. Nos. 1551 et seq. VENUE 2. Venue is properly in Cumberland County, the county in which the property which is the subject matter of the action is located. THE PARTIES 3. Plaintiff David M. Eskin is an adult individual currently residing at 621 Lemar Avenue, Harrisburg, Dauphin County, Pennsylvania 17112. 4. Defendant Glenn R. Davis is an adult individual currently residing at 318 E. Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 5. Plaintiff and Defendant are co-tenants in the property which is the subject matter of this action. THE REAL PROPERTY 6. Plaintiff and Defendant are the co-owners as tenants in common of the whole of the real property consisting of 46.6688 acres situate at Old Stonehouse Road, Lots 1 and 4, Plan for Weber and Diehl, Monroe Township, Cumberland County, Pennsylvania, more particularly described on Exhibit A attached hereto and made a part hereof (the "Property"). 7. Subject to adjustment as set forth herein, Plaintiff's and Defendant's respective interests in the Property are fifty per cent (50%). 8. The Property is subject to a mortgage originally in the amount of One Hundred Fifty-Two Thousand and no/lOO Dollars ($152,000.00) to Orrstown Bank dated May 4,2001, and recorded September 24,2001, in Mortgage Book 1733, Page 4460. It is believed the balance on the mortgage as of the date of the filing of this Complaint is $150,604.84. CHARGES TO BE MADE AGAINST DEFENDANT 9. In connection with the parties' ownership of the Property, Plaintiff contributed his money, time, and labor, including those items set forth in Exhibit B attached hereto and made a part hereof, and incurred other liabilities. 10. Charge should be made against Defendant because of the amounts paid, services rendered, and liabilities incurred by Plaintiff. PARTITION OF THE PROPERTY 11. Plaintiff is entitled to a one half (112) share of the equity in the Property commonly owned by Plaintiff and Defendant. 12. The whole of the real property described in Exhibit A can be partitioned among the parties to this action, who are the owners of said real property, according to their respective interests therein, without prejudice to any of said owners or to any other person interested therein. WHEREFORE, Plaintiff respectfully requests the Court to: 1. Decree partition of the Property among the parties hereto according to their respective rights; 2. Order that the liens, encumbrances, and claims of whatever nature held by the Plaintiff and Defendant, or any person, against said real property be related, restricted, and allocated to the respective portions so allotted, to which they may appropriately pertain; 3. Order the property sold in its entirety, and a division of the net proceeds thereof among the parties entitled thereto, and payment of all encumbrances, liens, and claims from the several shares of such proceeds, adjudged according to the respective rights of the parties, including the claims of Plaintiff for the items alleged herein; 4. Grant Plaintiff such other and further relief to which Plaintiff may be entitled or as the court may deem just and equitable. Respectfully Submitted, Matthew Chabal, III, Esquire Pa. Attorney I.D. No. 49926 James Smith Dietterick & Connelly LLP Mail: P.O. Box 650 Hershey, P A 17033 Courier: 134 Sipe Avenue Hurnmelstown, P A 17036 Phone: (717) 533-3280 Attorneys for Plaintiff , \.....;.;.; d(P5~ ~.. THIS INDENTURE .. TAX PARCEL NO. Made the 1st day of February, in the year nineteen hundred and ninety-six (1996) BETWEEN RAYMOND E. DIEHL and GENEVIEVE A. DIEHL, husband and wife, of Cumberland County, Pennsylvania, Grantors or Party of the First Part, AND DAVID M. ESKIN, married man, of Adams County, Pennsylvania and GLENN R. DAVIS, married man, of Cumberland County, Pennsylvania,t/d/b/a OLD STONEHOUSE ROAD ASSOCIATE~, Grantees or Party of the Second Part. WITNESS,. 'That said party of the first part,. for and in consideration of the sum of ONE HUNDRED SIXTY-TWO THOUSAND FIVE HUNDRED ($162,500.00) DOLLARS, lawful money of the United States of America, well and truly paid by the said party of the second part to the said party of the first part, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened, enfeoffed, released, conveyed and confirmed, and by these presents do grant, bargain, sell, alien, enfeoff, release, convey, and confirm unto the said party of the second part, their heirs and assigns: 'J' ALL THAT CERTAIN parcel of land situate in Monroe Township, Cumberland County, Pennsylvania, as shown on the Final Minor Subdivision Plan for Thomas Scott Weber and Karen R. Weber and Raymond E. Diehl and Genevieve . ~ A. Diehl by Stephen G. Fisher, P.L.S., dated October 20, 1995, revised November 20, 1995 and recorded on December 8, 1995 in the Cumberland County Recorder of Deeds Office in Plan Book 71, Page 49, bounded and qescribed as follows, to wit: BEGINNING at a point in centerline of S.R. 2002 (Old Stonehouse Road) at the southwest corner of Lot #1 and the northwest corner of Lot #2 and thence North 05 degrees 15 minutes 00 seconds West a distance of 230.00 feet to a point; thence North 75 degrees 06 minutes 13 seconds East a distance of 2395.58 feet to a point; thence South 44 degrees 58 minutes 50 seconds East a distance 500.00 feet to a point; thence South 04 degrees 23 minutes 50 seconds East a distance of 365.65 feet to a point; thence South 08 degrees 00 minutes 22 .:'CM.........oa ) -----' eOOK 134 PACE 880 ~.' seconds West a distance of 127.43 feet to a point; thence South 27 degrees 16 minutes 10 seconds West a distance of 84.00 feet to a point; thence North 78 degrees 22 minutes 56 seconds West'a distance of 99.50 feet to a point; thence South 79 degrees 55 minutes 53 seconds West a distance of 2135.33 feet to an iron pin at the southeast corner of Lot #3 and the southwest corner of Lot #4; thence North 05 degrees 15 minutes 00 ~econds West a dfstance of 241.78 feet to an iron pin' at the northeast corner of Lot # 3; thence North 79 degrees 55 minutes 53 'seconds East a distance of 149.00 feet to an iron pin at the southeast corner of Lot #2; thence North 05 degrees 15 minutes 00 seconds West a distance of 226.61 feet to an iron pin at the northeast corner of Lot #2; thence North 84 degrees 45 minutes 00 seconds East a distance of 230.00 feet to a point, . the point and place of BEGINNING. ,~ CONTAINING a total area of 46.6688 acres. BEING Lots #1 and #4 on the Final Minor Subdivision Plan for Thomas Scott Weber and Karen R. Weber and Raymond E. Diehl and Genevieve A. Diehl prepared by Stephen G. Fisher, P.L.S., dated October 20, 1995, revised November 20, 1995 and recorded on .December 8, 1995 in the Cumberland County Recorder of Deeds Office in Plan Book 71, Page 49. \ '-. BEING the same premises which Thomas Scott Weber and Karen R. Weber, his wife, by their Deed dated June 30, 1995 and recorded on July 3, 1995 in the Cumberland County Recorder of Deeds Office in Deed Book 124, Page 608 (for Lot #1), as well as by their Deed dated December 29, 1995 and recorded on December 29, 1995 in the afore-mentioned Office in Deed Book 133, Page 483 (for Lot #4), granted and conveyed unto Raymond E. Diehl and Genevieve A. Diehl, his wife, the Grantors herein. SUBJECT, HOWEVER, to such easements, restrictions and conditions that may apply to the afore-described tract of land, recorded or unrecorded. TOGETHER with all and singular tenements, hereditaments and appurtenances to the same belonging, or in any way appertaining, and the reversion and reversion~, remainder or remainders, rents, issues and profits thereof; AND ALSO all the estate, rights, title, interest, property, claim and demand whatsoever, both in law and equity, of the said party of the first part, of, in, to or out' of the said premises, and every part and parcel thereof. " a:............aK.Oa BOOK 134 PAGE 881 --' \ ,.J TO HAVE AND TO HOLD the said premises, with all and singular the appurtenances, unto the said party of the second part, their heirs or.assigns, to and for the only proper use and behoof of said ~arty of the second part, their heirs and assigns forever. AND the said party of the first part, their heirs and assigns, do by these presents, covenant, grant and agree to and with the said party of the second part, their heirs and assigns, that the said party of the first part, their heirs and assigns, all and singular the hereditaments and premises herein above described and granted, or mentioned and intended so to be, with the appurtenances unto the said party of the second part, their heirs or assigns, against the said party of the first part and their heirs and assigns, and against all and every other person or persons, whomsoever, lawfully claiming or to claim the same or any part thereof, by, from or under him, her, them or any of them, shall and will, sUbject to aforesaid SPECIALLY WARRANT and DEFEND. . IN WITNESS WHEREOF, the said party of the first part has hereunto set their hand and seal, the day and year first written above. signed, Sealed and Delivered in the presence of J~Hfr Commonwealth of Pennsylvania County of Cumberland ~ e o..-:v. -Raymond ~. Diehl ~ . I.' ~..~ " . ~ I p, enevieve A. -~i~ -Q SS On this, the 1st day of February, 1996, before me, the undersigned officer, personally appeared RAYMOND E. DIEHL and GENEVIEVE A. DIEHL, husband and wife, known to me or satisfactorily proven to be the persons whose names are subscribed to the within instrument, and acknowledged that they ,.J executed the within instrument for the purpose herein contained and with the intent to be legal bound. IN WITNESS WHEREOF, I have seal. ...........u.aLDU Notarial Seal Michael J. Hanft. Notary Public Carlisle Bora. Cumberland County My Commission Expires AprIl 13. 11198 Member. Pennsylvania AssodaUon 01 Notaries 800l( 134 P^GE -882 .3 ,. .~ ) .--/l ~; CERTIFICATE OF RESIDENCE I hereby certify that the precise residence of the Grantees herein is as follows: "7\("-"..1 - '2 a r..:... 01e.o...dGw Ol~. 1)1q_c.h<""-f,\C;:;.b,=>,"'J ' ~'0... . n~J::'- . C~2~~ Attorney or Agent for Grantees ) Commonwealth of Pennsylvania county of Cumberland SS RECORDED in the Office of the said County, in Deed Book Recorder of Deeds, in and for at Page 1>'i!6 seal the ~ day 'of ~'o;~'k:.:..;J.. ..."","",A'> "'.:";;;""::" ~ J!7 · ~.",~'!.~.,,'r.; . 1- ..Ii'~""'~l:'~~~\" Recorder of tlSi ..l:.<r.i~~~r.~lt:.~~;~;~~~ ~ .~.~.\:~~-.~l."~!"!t'l} :.!.1}t~J/iA1.'1~" ,.~ ~,,~,(!";f;r;;f\'i,'li, ~d\' ~(~'i1"l'W:':: ""{:"if~l1ii"~" ~~~.~ ,1..';': " .' ~~~;......~..:"':".....,:.~'; .:~.).!" ::ith'-~?~~..... :' "~....\v.r,,,,,~.,,, ,.:'T- <(.~r....... . ~..~~"t: ,.,~\.. .I....-i..J..;,.'f....-..!l. ...~.. ..~..A.,'~~ """~}";r,=,."..,.... ..;" . . ""\: ..1;4 ,-:<..r.......f .~, ""'~.- :,': :.;;.::';:'J:..~~~t-;.1ft~P.Y . "', . _.'';' .F~ . ..:r>...... ."".~..,.i~:t.,.~~. ~~:,,::.... . ~...,..""<04............ 13L\ WITNESS my hand and official 1996. l "- ~~~~~Hif!i~;;P; I.U ,i '-I ,i ::0 ~ c:t t:1 I;J ...-~::o:::-X'"o,.." -==-:aII",;r.:I' . ~:;::;::~d~?::!5 :!. C~ f:J ~ ~ '= -I ~ < en c: t.n ~ ~ ;r:: :J;!' . ""'I:Wr---t . I'T'lI'T'l . -: .' ~~.1)IlJl - (".... ..- ... .......... ...... f"'..l co 0-. co 1".0 IXli .,.. l?:;:;:;t'iltil~;::';~ N ~~gg~~8~g '-- I-lANFT& VOHS Attorneys at Law 11 West Pomfre:t Strc:c:t, Suite: 2 Carlisle:, Pe:Msylvania 17013 (717) 249-5373 Fax (717) 249-0457 :00 ..... ." :::I . .... n w <"1- .... ., c:: 'J'f:" - IIiI ':. ... :if .... ., -..0 - =-: C'" .... I ::l $: g - 0- " ;:I ~ .... "" <t. "., CI' ,", ""0 ..... "-'1 ~. .., '" .... c= "0 af::[ ...... - :;I ...... ':Q ..... '" ...... ...,.... ~ (j .... C1 >-' ., ;::: "-' .... 0- "'1 ::> ." -.0 -"" '... .., ...... 0 0- ..... Q ..... ... <JI ." ~ :ir. -"" -"" eOOK 134 PACE 883 ~ CD 01 ;-rt . ,..., ;:c .:-:- c: - -., t"n ;:;, :~l rra C') c: .J :XI 0 ~~; ,- :u 1> 0 ::=.1 ~ PI -f 2; ::0 :n C') c ,--.. 0-" -. c:: C') r.~' == "'1 ,::! --f rTl J .yt -;: ~ ;'.l) -u 1. r . m -0 ::3 : c.J ''0 o Item Paid to Glen, open accout Paid to Glen, purchase land Water test Loan Payment Well Drilling Well Drilling Cut in driveway Engineering SEO, Perks & Probes Engineering Probes & Backhoe Engineering SEO, Perks & Probes Engineering Probes/Backhoe Engineering Engineering Probe Holes Engineering Probes/Backhoe SEO Perks & Probes Engineering SEO Perks & Probes Monroe Township, Permit Monroe Township, Permit Engineering Loan Payment Copies, Kinkos Copies, Kinkos Paid to Glen, capital Monroe Township, Variance Water Quality Management Paid to Glen, capital Penn Dot, permit Paid to Glen, capital MTC excavating Paid to Glen, capital Paid to Glen, captial Loan payment Loan payment Paid to Glen, captial Loan payment Loan payment Loan payment Loan payment Loan payment Recorded, HOP permit Loan payment Loan payment 2/6/1994 2/6/1994 1/4/1996 4/1/1996 8/9/1996 8/9/1996 8/9/1996 9/6/1996 11/1/1996 11/11/1996 12/7/1996 12/7/1996 12/10/1996 1/10/1997 1/28/1997 2/22/1997 4/7/1997 5/14/1997 7/11/1997 7/12/1997 7/31/1997 9/3/1997 9/9/1997 9/26/1997 10/12/1997 12/4/1997 2/12/1998 4/2/1998 1/25/1999 3/26/1999 3/30/1999 4/3/1999 6/29/1999 9/10/1999 9/23/1999 9/23/1999 10/23/1999 11/23/1999 8/17/2000 1/24/2000 2/24/2000 4/26/2000 12/8/2000 12/8/2000 3/16/2001 12/22/2001 5/18/2001 1/9/2002 3/10/2002 $500.00 $5,486.61 $10.00 $1,082.60 $1,680.00 $3,247.50 $529.94 $625.00 $3,960.00 $412.50 $494.00 $675.00 $1,760.00 $500.00 $358.00 $200.00 $4,739.00 $400.00 $425.00 $423.00 $4,840.00 $475.00 $1,360.00 $850.00 $170.00 $1,647.00 $1,116.22 $10.60 $50.83 $5,000.00 $500.00 $600.00 $2,000.00 $85.00 $1,000.00 $2,196.00 $1,000.00 $1,000.00 $2,506.95 $1,190.68 $1,000.00 $2,299.15 $1,305.61 $1,305.62 $1,223.60 $1,405.45 $42.00 $682.17 $1,233.28 -, Loan payment 5/9/2002 $1,273.39 Loan payment 6/2/2002 $621.72 Loan payment 6/26/2002 $601.67 Loan payment 8/4/2002 $621.72 Loan payment 9/3/2002 $621.72 Loan payment 10/1/2002 $601.67 Loan payment 11/5/2002 $621 .72 Loan payment 12/5/2002 $544.67 Loan payment 1/5/2003 $566.28 Loan payment 2/3/2003 $556.27 Loan payment 3/3/2003 $502.45 Loan payment 3/30/2003 $556.28 Loan payment 5/2/2003 $538.33 Loan payment 9/27/2004 $1,977.82 Total $75,809.02 " VERIFICATION I, David M. Eskin, hereby aver and state that I have read the foregoing COMPLAINT FOR THE PARTITION OF REAL PROPERTY which has been drafted by counsel. The factual statements contained therein are true and correct to the best of my knowledge, information and belief although the language is that of counsel and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this verification. This statement is made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities, which provides that if! make knowingly false statements, I may be subject to criminal penalties. Wi b---- ~ David M. Eskin pGJ ~~ ~ D () ~ ~ ~V)-0 \Y(F ~ 1- -..:....... ~ U1 7'1 f~ ' n c : ,~ , ' 4:.:.r~ =;:1 ... " /'--.> 4-:::) C:'-:" (;.........., 8 L ::.':1- ~ -- o ., --i T~ rr:,-: --'Jrn -'17 ~j~ ,~:,) rn 2~1 ...J .< N -.,.., ......; r:? f'..) 0:> SHERIFF'S RETURN - REGULAR CASE NO: 2005-00240 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ESKIN DAVID M VS DAVIS GLENN R RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DAVIS GLENN R the DEFENDANT , at 1454:00 HOURS, on the 24th day of January ,2005 at 318 EAST MEADOW DRIVE MECHANICSBURG, PA 17055 by handing to JOANN DAVIS, WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8.14 .00 10.00 .00 36.14 ->t-?",(2,J-"'-?' ~A . ",0"" ~<"';r..:'.J",.~_...,')r~"" .-.AI ? ";-:4.-......... , ~ R. Thomas Kline 01/25/2005 JAMES SMITH DIETTERICK CONNELL Sworn and Subscribed to before By: ~LJ.v Deputy Sheriff me this 3.d.... day of J..lj,,,~@y ';;OtJt: A. D. L;(J,'~ 07vidil,,, /yx14 , rothonotary , J IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA DAVID M. ESKIN, Plaintiff v. No. 05-240 Civil Term GLENN R. DAVIS, Defendant CIVIL ACTION ANSWER TO COMPLAINT FOR THE PARTITION OF REAL PROPERTY AND NOW, COMES, Defendant, Glenn R. Davis, and files this answer to Plaintiffs Complaint for the Partition of Real Property and, in support thereof, states: Introduction 1. The averments of this paragraph constitute a conclusion of law to which no responsive pleading is required. Venue 2. The averments of this paragraph constitute a conclusion of law to which no responsive pleading is required. The Parties 3. Admitted. 4. Admitted. 5. Denied. The averments of this paragraph constitute a conclusion of law to which no responsive pleading is required. To the extent that that a responsive pleading is required, it is admitted that Plaintiff and Defendant entered into a partnership to purchase and develop certain property. The located at Old Stonehouse Road was deeded into their joint name. Both parties were married at the time and Defendant continues to be married; both parties' wives, and in the case of Plaintiff, his former wife, Deborah Eskin, also have interest in the property. The Real Property 6. Admitted. 7. Denied. It is denied that the Plaintiff's and Defendant's respective interests are fifty percent (50%) and subject to "adjustments as set forth herein." Strict proof at time of trial is demanded. By way of further answer, Plaintiff failed to make any significant capital contribution over the last several years and as a result, has a significantly reduced interest in the partnership. 8. Admitted in part and Denied in part. It is admitted that the mortgage with Orrstown Bank was originally in the amount of $152,000. It is denied that the balance at the time of the filing of this Complaint was as set forth. Strict proof at time of trial is demanded. Charges To Be Made Against Defendant 9. Denied. It is denied that Plaintiff contributed his rnoney, time, and labor as set forth in Exhibit "B." Strict proof at time of trial is demanded. 98131 2 . . 10. Denied. The averments of this paragraph constitute a conclusion of law to which no responsive pleading is required. Partition Of The Property 11. Denied. The averments of this paragraph constitute a conclusion of law to which no responsive pleading is required. 12. Denied. The averments of this paragraph constitute a conclusion of law to which no responsive pleading is required. To the extent that a responsive pleading is required, upon information and belief, partitioning of the property would significantly reduce the overall value of the parcel to the extent that sums of the part would not equal the whole. WHEREFORE, Defendant, Glenn R. Davis, respectfully requests this Honorable Court to: (a) Order that the liens, encumbrances, and claims of whatever nature held by the Plaintiff and Defendant against said real property be related, restricted, and allocated to the respective portions so allotted, to which they may appropriately pertain; (b) Order the property sold in its entirety and a division of the net proceeds thereof be made among the parties entitled thereto after payrnent of all encumbrances and liens including that of Orrstown Bank be made from the proceeds, said division made according to the respective rights of the parties, including claims of the Defendant; and 98131 3 (c) Grant Defendant such other and further relief to which Defendant may be entitled or as the Court may deem just and equitable. Respectfully submitted, LATSHA DAVIS YOHE & MCKENNA, P.c. Dated: f\:li.O~1 ~ By ~ Glenn R. Davis Attorney LD. No. 31040 P. O. Box 825 Harrisburg, PA 17108-0825 (717) 761-1880 Attorneys for Defendant 98131 4 VERIFICATION The undersigned hereby verifies that the facts made in the foregoing Answer are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa. C. S. S 4904, relating to unsworn falsification to authorities. Dated: ~tiO::15, ';;JCl)') ~'(...~ Glenn R. Davis CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Answer has been served via first-class United States mail, postage prepaid, upon the following: Matthew Chabal, III, Esq. James Smith Dietterick & Connelly LLP P. O. Box 650 Hershey, PA 17033 Dated: ~ 06 "';JtI::I:)5 I ('~_Chb Glenn R. Davis --~ c_) .-\-\ .--i ~- ...-- (\""1 < ~-'> ",,," f-.) Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DAVID M. ESKIN, v. NO. 05-240 GLENN R. DAVIS, Defendant : CIVIL ACTION - EQUITY (PARTITION) MOTION FOR AN ORDER DIRECTING THE SALE OF REAL PROPERTY AND THE APPOINTMENT OF A MASTER Plaintiff, David M. Eskin, through his attorneys, James Smith Dietterick & Connelly LLP, files this Motion for an Order Directing the Sale of Real Property and the Appointment of a Master as follows: 1. On or about January 12, 2005, Plaintiff David M. Eskin filed a Complaint for the Partition of Real Property. A true and correct copy of the Complaint is attached hereto as Exhibit A. 2. On or about April 25, 2005, Defendant Glenn R. Davis filed an Answer to Complaint for the Partition of Real Property. A true and correct copy of the Answer is attached hereto as Exhibit B. 3. Plaintiff is an adult individual currently residing at 621 Lemar Avenue, Harrisburg, Dauphin County, Pennsylvania 17112. (Complaint & Answer, 'JI'JI 3.) 4. Defendant is an adult individual currently residing at 318 E. Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. (Complaint & Answer, 'JI'll4.) 5. Plaintiff and Defendant are the co-owners as tenants in common of the whole of the real property consisting of 46.6688 acres situate at Old Stonehouse Road, Lots 1 and 4, Plan for Weber and Diehl, Monroe Township, Cumberland County, Pennsylvania, more particularly described on Exhibit A attached to the Complaint (the "Property"). (Complaint & Answer, 'll'J[ 6.) 6. In his prayer for relief in the Complaint, Plaintiff requested the Court to: 1. Decree partition of the Property among the parties hereto according to their respective rights; 2. Order that the liens, encumbrances, and claims of whatever nature held by the Plaintiff and Defendant, or any person, against said real property be related, restricted, and allocated to the respective portions so allotted, to which they may appropriately pertain; 3. Order the property sold in its entirety, and a division of the net proceeds thereof among the parties entitled thereto, and payment of all encumbrances, liens, and claims from the several shares of such proceeds, adjudged according to the respective rights of the parties, including the claims of Plaintiff for the items alleged herein: 4. Grant Plaintiff such other and further relief to which Plaintiff may be entitled or as the court may deem just and equitable. 7. In his prayer for relief in the Answer, Defendant requested the Court to: (a) Order that the liens, encumbrances, and claims of whatever nature held by the Plaintiff and Defendant against said real property be related, restricted, and allocated to the respective portions so allotted, to which they may appropriately pertain; (b) Order the property sold in its entirety and a division of the net proceeds thereof be made among the parties entitled thereto after payment of all encumbrances and liens including that of Orrstown Bank be made from the proceeds, said division made according to the respective rights of the parties, including claims of the Defendant; and (c) Grant Defendant such other and further relief to which Defendant may be entitled or as the Court may deem just and equitable. 8. Thus, the parties are in agreement that the subject "property [should] be sold in its entirety and a division of the net proceeds thereof [should] be made among the parties entitled thereto after payment of all encumbrances and liens." (Compare Complaint subparagraph 3 with Answer subparagraph (b), above.) 9. Since both parties have requested the Court to order the sale of the Property, all that remains for determination are the parties' respective monetary interests in the Property. 10. The parties' respective interests may be determined by a master. I I . There is no reason to delay the sale of the Property while those interests are determined. 12. By letter dated June 6, 200S, Plaintiff requested Defendant's cooperation regarding the listing of the Property for sale and the determination of the listing price. A true and correct copy of Plaintiff s June 6, 2005 letter is attached hereto as Exhibit C. 13. Defendant has failed to respond to Plaintiff's June 6, 200S letter. WHEREFORE, Plaintiff respectfully requests the Court to enter an Order directing the sale of the real property located at Old Stonehouse Road, Lots I and 4, Plan for Weber and Diehl, Monroe Township, Cumberland County, Pennsylvania, and scheduling a preliminary conference to determine what issues shall be referred to a master. Respectfully Submitted: DATE:~ JAMES SMITH DIETTERICK & CONNELLY LLP BY J~l~ Pa. J.D. #49926 Kimberly A. DeWitt, Esquire Pa. J.D. #89705 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff, David M. Eskin DAVID M. ESKIN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. O~ - ~'fb c;,-,~L '-r-~ GLENN R. DAVIS, CIVIL ACTION Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, 'you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and fiiing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Compiaint or for any other claim or relief requested by the Plaintiff. You may iose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ~., CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (-,., () '1"1 ..... f-1:;U -, " ~T\ ~) I,".) (- (',) AVISO " " " ~,\ . USTED HA SIDO DEMANDADO/A EN CORTE. 51 usted desea defenderse de las demandas que S&", presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veintei20) ~ dlas despues de la notificaci6n de esla Demanda y Aviso radicando p&rsonalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de. y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que sl usted lalla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamaci6n 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. r0 ) :,--:,1"1 ..; :...J -< USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. 5i USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALlFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 DAVID M. ESKIN Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. GLENN R. DAVIS Defendant : CIVIL ACTION COMPLAINT FOR THE PARTITION OF REAL PROPERTY INTRODUCTION 1. This is an action for the Partition of Real Property pursuant to Rules 1551 et seq. of the Pennsylvania Rules ofCivi1 Procedure, Pa. R.C.P. Nos. 1551 et seq. VENUE 2. Venue is properly in Cumberland County, the county in which the property which is the subject matter of the action is located. THE PARTIES 3. Plaintiff David M. Eskin is an adult individual currently residing at 621 Lemar Avenue, Harrisburg, Dauphin County, Pennsylvania 17112. 4. Defendant Glenn R. Davis is an adult individual currently residing at 318 E. Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 5. Plaintiff and Defendant are co-tenants in the property which is the subject matter of this action. THE REAL PROPERTY 6. Plaintiff and Defendant are the co-owners as tenants in common of the whole of the real property consisting of 46.6688 acres situate at Old Stonehouse Road, Lots I and 4, Plan for Weber and Diehl, Monroe Township, Cumberland County, Pennsylvania, more particularly described on Exhibit A attached hereto and made a part hereof (the "Property").. 7. Subject to adjustment as set forth herein, Plaintiffs and Defendant's respective interests in the Property are fifty per cent (50%). 8. The Property is subject to a mortgage originally in the amount of One Hundred Fifty-Two Thousand and noll 00 Dollars ($152,000.00) to Orrstown Bank dated May 4,2001, and recorded September 24, 2001, in Mortgage Book 1733, Page 4460. It is believed the balance on the mortgage as of the date of the filing of this Complaint is $150,604.84. CHARGES TO BE MADE AGAINST DEFENDANT 9. In connection with the parties' ownership of the Property, Plaintiff contributed his money, time, and labor, including those items set forth in Exhibit B attached hereto and made a part hereof, and incurred other liabilities. 10. Charge should be made against Defendant because of the amounts paid, services rendered, and liabilities incurred by Plaintiff. PARTITION OF THE PROPERTY 11. Plaintiff is entitled to a one half (l/2) share of the equity in the Property commonly owned by Plaintiff and Defendant. 12. The whole of the real property described in Exhibit A can be partitioned among the parties to this action, who are the owners of said real property, according to their respective interests therein, without prejudice to any of said owners or to any other person interested therein. WHEREFORE, Plaintiff respectfully requests the Court to: I. Decree partition of the Property among the parties hereto according to their respective rights; 2. Order that the liens, encumbrances, and claims of whatever nature held by the Plaintiff and Defendant, or any person, against said real property be related, restricted, and allocated to the respective portions so allotted, to which they may appropriately pertain; 3. Order the property sold in its entirety, and a division of the net proceeds thereof among the parties entitled thereto, and payment of all encumbrances, liens, and claims from the several shares of such proceeds, adjudged according to the respective rights of the parties, including the claims of Plaintiff for the items alleged herein; 4. Grant Plaintiff such other and further relief to which Plaintiff may be entitled or as the court may deem just and equitable. Respectfully Submitted, ~ Matthew Chabal, III, Esquire Pa. Attorney LD. No. 49926 James Smith Dietterick & Connelly LLP Mail: P.O. Box 650 Hershey, P A 17033 Courier: 134 Sipe Avenue Hummelstown, P A 17036 Phone: (717) 533-3280 Attorneys for Plaintiff 'J Q)(P5 ~ ~. THIS INDENTURE .. TAX PARCEL NO. Made the 1st day of February, in the year nineteen hundred and ninety-six (1996) BETWEEN RAYMOND E. DIEHL and GENEVIEVE A. DIEHL, husband and wife, of Cumberland County, pennsylvania, Grantors or Party of the First Part, AND DAVID M. ESKIN, married' man, of Adams County, Pennsylvania and GLENN R. DAVIS, married man, of Cumberland County, Pennsylvania,t/djbja OLD STONEHOUSE ROAD ASSOCIATES, Grantees or Party of the Second Part. WITNESS,.~hat said party of the first part,. for and in consideration of the sum of ONE HUNDRED SIXTY-TWO THOUSAND FIVE HUNDRED ($l62,500.00) DOLLARS, lawful money of the United States of America, well and truly paid by the said party of the second part to the said party of the first part, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened, enfeoffed, released, conveyed and confirmed, and by these presents do grant, bargain, sell, alien, enfeoff, release, convey, and confirm unto the said party of the second part, their heirs and assigns: ...J' ALL THAT CERTAIN parcel of land situate in Monroe Township, Cumberland county, Pennsylvania, as shown on the Final Minor Subdivision Plan for Thomas Scott Weber and Karen R. Weber and Raymond E. Diehl and Genevieve ' ~ A. Diehl by Stephen G. Fisher, P.L.S., dated October 20, 1995, revised November 20, 1995 and recorded on DeCember 8, 1995 in the Cumberland County Recorder of Deeds Office in Plan Book 71, Page 49, bounded and described as follows, to wit: BEGINNING at a point in centerline of S.R. 2002 (Old Stonehouse Road) at the southwest carner of Lot #1 and the northWest corner of Lot #2 and thence North 05 degrees 15 minutes 00 seconds West a distance of 230.00 feet to a point; thence North 75 degrees 06 minutes 13 seconds East a distance of 2395.58 feet to a point; thence south 44 degrees 58 minutes 50 seconds East a distance 500.00 feet to a point; thence South 04 degrees 23 minutes 50 seconds East a distance of 365.65 feet to a point; thence South 08 degrees 00 minutes 22 ---- ,I ----' . &otii 134 PACE 880 I ~. seconds West a distance of 127.43 feet to a point; thence South 27 degrees 16 minutes 10 seconds West a distance of 84.00 feet to a point; thence North 78 degrees 22 minutes 56 seconds West.a distance of 99.50 feet to a point; thence South 79 degrees 55 minutes 53 seconds West a distance of 2135.33 feet to an iron pin at the southeast corner of Lot #3 and the southwest corner of Lot #4; thence North 05 degrees 15 minutes 00 seconds West a distance of 241.78 feet to an iron pin at the northeast corner of Lot # 3; thence North 79 degrees 55 minutes 53 seconds East a distance of 149.00 feet to an iron pin at the southeast corner of Lot #2; thence North 05 degrees 15 minutes 00 seconds West a distance of 226.61 feet to an iron pin at the northeast corner of Lot #2; thence North 84 degrees 45 minutes 00 seconds East a distance of 230.00 feet to a point, 'the point and place of BEGINNING. CONTAINING a total area of 46.6688 acres. ,,, 8EING Lots #1 and #4 on the Final Minor Subdivision Plan for Thomas Scott Weber and Karen R. Weber and Raymond E. Diehl and Genevieve A. Diehl prepared by stephen G. Fisher, P.L.S., dated October 20, 1995, revised November 20, 1995 and recorded on December 8, 1995 in the Cumberland county Recorder of Deeds Office in Plan Book 71, Page 49. \,-", BEING the same premises which Thomas Scott Weber and Karen R. Weber, his wife, by their Deed dated June 30, 1995 and recorded on July 3, 1995 in the Cumberland County Recorder of Deeds Office in Deed Book 124, Page 608 (for Lot #1), as well as by their Deed dated December 29, 1995 and recorded on December 29, 1995 in the afore-mentioned Office in Deed Book 133, Page 483 (for Lot #4), granted and conveyed unto Raymond E. Diehl and Genevieve A. Diehl, his wife, the Grantors herein, SUBJECT, HOWEVER, to such easements, restrictions and conditions that may apply to the afore-described tract of land, recorded or unrecorded. TOGETHER with all and singular tenements, hereditaments and appurtenances to the same belonging, or in any way appertaining, and the reversion and reversions, remainder or remainders, rents, issues and profits thereof; AND ALSO all the estate, rights, title, interest, property, claim and demand whatsoever, both in law and equity, of the said party of the first part, of, in, to or out'of the said premises, and every part and parcel thereof. .' ._~ \...-... aCOK 134 PAGE 881 \ ,,, TO HAVE AND TO HOLD the said premises, with all and singular the appurtenances, unto the said party of the second part, their heirs or'assigns, to and for the only proper use and behoof of said party of the second part, their heirs and assigns forever. AND the said party of the first part, their heirs and assigns, do by these presents, covenant, grant and' agree to and with the said party of the second part, their heirs and assigns, that the said party of the first part, their heirs and assigns, all and singular the hereditaments and premises herein above described and granted, or mentioned and intended so to be, with the appurtenances unto the said party of the second part, their heirs or assigns, against the said party of the first part and their heirs and assigns, and against all and every other person or persons, whomsoever, lawfully claiming or to claim the same or any part thereof, by, from or under him, her, them or any of them, shall and will, subject to aforesaid SPECIALLY WARRANT and DEFEND. IN WITNESS WHEREOF, the said party of the first part has hereunto set their hand and seal, the day and year first written above. signed, Sealed and Delivered in the presence of Commonwealth of Pennsylvania County of cumberland ~ I! 0~ Diehl ~..! ~.~ ~~: i]; .Q,~ e ev~eve A. ~e 1 S8 On this, the 1st day of February, 1996, before me, the undersigned officer, personally appeared RAYMOND E. DIEHL and GENEVIEVE A. DIEHL, husband and 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 within instrument for the purpose herein contained and with the intent to be legal bound. IN WITNESS WHEREOF, I have seal. .-- NolarlaJ 58111 MIchael J. Hantt. Notary Public Carftlltt Bora, CumoeJ1lnc:l Count\' My Commission Expires Aprf113, T098 Member, PeMroylvanii AaaOClitlon 01 NOl1ril. ilOOK 134 pm -882 J ,. ,-.J I .-.-/ Item Paid to Glen, open accout Paid to Glen, purchase land Water test Loan Payment Well Drilling Well Drilling Cut in driveway Engineering SED, Perks & Probes Engineering Probes & Backhoe Engineering SED, Perks & Probes Engineering Probes/Backhoe Engineering Engineering Probe Holes Engineering Probes/Backhoe SED Perks & Probes Engineering SED Perks & Probes Monroe Township, Permit Monroe Township, Permit Engineering Loan Payment Copies, Kinkos Copies, Kinkos Paid to Glen, capital Monroe Township, Variance Water Quality Management Paid to Glen. capital Penn Dot, permit Paid to Glen, capital MTC excavating Paid to Glen, capital Paid to Glen, captial Loan payment Loan payment Paid to Glen, captial Loan payment Loan payment Loan payment Loan payment Loan payment Recorded, HOP permit Loan payment Loan payment 2/6/1994 2/6/1994 1/4/1996 411/1996 8/911996 81911996 819/1996 91611996 11/1/1996 11/1111996 1217/1996 12/711996 12110/1996 1/10/1997 1128/1997 212211997 4/711997 5114/1997 7/11/1997 7/12/1997 7/31/1997 9/3/1997 9/911997 912611997 10/12/1997 12/411997 2/12/1998 4/211998 1/2511999 3/26/1999 3/3011999 4/3/1999 6/2911999 9/10/1999 912311999 9123/1999 10123/1999 11123/1999 811712000 112412000 212412000 4/26/2000 1218/2000 12/812000 3116/2001 12/2212001 5118/2001 1/9/2002 3110/2002 $500.00 $5,486.61 $10.00 $1,082.60 $1,680.00 $3,247.50 $529.94 $625.00 $3,960.00 $412.50 $494.00 $675.00 $1,760.00 $500.00 $358.00 $200.00 $4,739.00 $400.00 $425.00 $423.00 $4,840.00 $475.00 $1,360.00 $850.00 $170.00 $1,647.00 $1,116.22 $10.60 $50.83 $5,000.00 $500.00 $600.00 $2,000.00 $85.00 $1,000.00 $2,196.00 $1,000.00 $1,000.00 $2,506.95 $1,190.68 $1,000.00 $2,299.15 $1,305.61 $1,305.62 $1.223.60 $1,405.45 $42.00 $682.17 $1,233.28 Loan payment 5/9/2002 $1,273.39 Loan payment 6/2/2002 $621.72 Loan payment 6/26/2002 $601.67 Loan payment 8/4/2002 $621 .72 Loan payment 9/3/2002 $621.72 Loan payment 10/1/2002 $601.67 Loan payment 11/5/2002 $621.72 Loan payment 12/5/2002 $544.67 Loan payment 1/5/2003 $566.28 Loan payment 2/3/2003 $556.27 Loan payment 3/3/2003 $502.45 Loan payment 3/30/2003 $556.28 Loan payment 5/2/2003 $538.33 Loan payment 9/27/2004 $1,977.82 Total $75,809.02 / v. No. 05-240 Civil Term ('") ...., 0 '_? r C-:;J -n '- '-" < -..",. -1 -- ::l:..,., - :~,~) \l1F~ ~J -t"Jni 1" _.-\CJ <..rI ~~7~8 ,..- -cJ t';2B ,,-~ N Gin ---l "r,;? :3 <..rI cD .- -< - IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DA VlD M. ESKIN, Plaintiff GLENN R. D AVIS, Defendant CIVIL ACTION ANSWER TO COMPLAINT FOR THE PARTITION OF REAL PROPERTY AND NOW, COMES, Defendant, Glenn R. Davis, and files this answer to Plaintiff s Complaint for the Partition of Real Property and, in support thereof, states: Introduction 1. The averments of this paragraph constitute a conclusion of law to which no responsive pleading is required. Venue 2. The averments of this paragraph constitute a conclusion of law to which no responsive pleading is required. The Parties 3. Admitted. 4. Admitted. 5. Denied. The averments of this paragraph constitute a conclusion of law to which no responsive pleading is required. To the extent that that a responsive pleading is required, it is admitted that Plaintiff and Defendant entered into a partnership to purchase and develop certain property. The located at Old Stonehouse Road was deeded into their joint name. Both parties were married at the time and Defendant continues to be married; both parties' wives, and in the case of Plaintiff, his former wife, Deborah Eskin, also have interest in the property. The Real Property 6. Admitted. 7. Denied. It is denied that the Plaintiff's and Defendant's respective interests are fifty percent (50%) and subject to "adjustments as set forth herein." Strict proof at time of trial is demanded. By way of further answer, Plaintiff failed to rnake any significant capital contribution over the last several years and as a result, has a significantly reduced interest in the partnership. 8. Admitted in part and Denied in part. It is admitted that the mortgage with Orrstown Bank was originally in the amount of $152,000. It is denied that the balance at the time of the filing of this Cornplaint was as set forth. Strict proof at tirne of trial is demanded. Charges To Be Made Against Defendant 9. Denied. It is denied that Plaintiff contributed his money, time, and labor as set forth in Exhibit "B." Strict proof at time of trial is demanded. 98131 2 10. Denied. The averments of this paragraph constitute a conclusion of law to which no responsive pleading is required. Partition Of The Property 11. Denied. The averments of this paragraph constitute a conclusion of law to which no responsive pleading is required. 12. Denied. The averments of this paragraph constitute a conclusion of law to which no responsive pleading is required. To the extent that a responsive pleading is required, upon information and belief, partitioning of the property would significantly reduce the overall value of the parcel to the extent that sums of the part would not equal the whole. WHEREFORE, Defendant, Glenn R. Davis, respectfully requests this Honorable Court to: (a) Order that the liens, encumbrances, and claims of whatever nature held by the Plaintiff and Defendant against said real property be related, restricted, and allocated to the respective portions so allotted, to which they may appropriately pertain; (b) Order the property sold in its entirety and a division of the net proceeds thereof be made among the parties entitled thereto after payment of all encumbrances and liens including that of Orrstown Bank be made from the proceeds, said division made according to the respective rights of the parties, including claims of the Defendant; and 98131 3 (c) Grant Defendant such other and further relief to which Defendant may be entitled or as the Court may deem just and equitable. Respectfully submitted, LATSHA DAVIS YOHE & MCKENNA, P.c. Dated: ~i.O~I~ By ~ Glenn R. Davis Attorney I.D. No. 31040 P. O. Box 825 Harrisburg, PA 17108-0825 (717) 761-1880 Attorneys for Defendant 98131 4 VERIFICATION The undersigned hereby verifies that the facts made in the foregoing Answer are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa. C. S. S 4904, relating to unsworn falsification to authorities. Dated: ~d.O::15, 'XJ:>~ ~(...~ Glenn R. Davis CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Answer has been served via first-class United States mail, postage prepaid, upon the following: Matthew Chabal, III, Esq. James Smith Dietterick & Connelly LLP P. O. Box 650 Hershey, PA 17033 Dated: ~;:;J) ~ I ('~\:hl0 Glenn R. Davis )AMES SNITIH Oh CRICK & COl'iNELL Y LLP Matthew Chabal. III Email: mc(a..isdc.com Fax No. 717.533.2795 June 6, 2005 Glenn R. Davis, Esquire Latsha Davis, Y ohe & McKenna, PC 4720 Old Gettysburg Road Mechanicsburg, PA ] 7055 Re: Old Stonehouse Road Dear Glenn: I have reviewed your Answer to the Complaint for the Partition of Real Property. It appears we are in agreement that the property should be sold and the proceeds divided in some manner between the parties. We would like to move forward with the sale of the property cooperatively in order to maximize the sale price and minimize costs. Please advise as to what broker/agent you would like to list the property with and what you believe is an appropriate listing price. I request a response by the end of this month. Thank you in advance for your anticipated cooperation. Very truly yours, /tij- Matthew Chabal, III MC:mgg j \ l\ "'I I' I., JS'}( PO BOX 650 HEPSHEY PA 17033 CUUne' 'l.drirw;:; iJ4 ',IPE ;'VEi'JcJE HUN1ME~STOWN, PA 17036 TEL.. 71(.5333280 "/I'IJW..JSDC,COM GARY L JAMES MAX J SMITH. JR. JOhN J CONNELLY JR SCOTT A. DIETIERICK JAMES F SPADE MAT,:-;EW CHI\BAL. III GREGORY K, RICHARDS SUSAN M, KADEL JARAD W. HANDELMAN Dor~",,,, M. MULliN EDWARD p, SEEBER NEil W YAHN COURTNEY L KISl-iEL KIMBEC1LY A. D::Wm OF COUNSEL BE8NARD A. RYAN. JR '-'ERSHEY, ';'A CERTIFICATE OF SERVICE I, KIMBERLY A. DEWm, ESQUIRE, do hereby cenify that I served a true and correct copy of the foregoing Motion for an Order Directing the Sale of Real Propeny and the Appointment of a Master upon the following below-named individual(s) by depositing same in the U. S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this I D+h day of August 2005. SERVED UPON: Glenn R. Davis, Esquire P.O. Box 825 Harrisburg, PA 17108-0825 Respectfully Submitted: DATE:~ JAMES SMITH DIEITERICK & CONNELLY LLP otJMtt BY: Matthew Ch I, III, Esquire Pa. J.D. #49926 Kimberly A. DeWitt, Esquire Pa. J.D. #89705 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff, David M. Eskin I -<. ...., C:::., C':1 :.;..n ),.. C" C.; o ., :r! f'n:D ,.- -ot"n ~~;~Q ~'~:j (j :;~ :.Ij C...") ~~~ ;'1 ---l )::0- 'D -< -0 :~-;:: r.,) c...) W DAVID M. ESKIN, PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GLENN R. DAVIS, DEFENDANT 05-240 CIVIL TERM ORDER OF COURT AND NOW, this Q day of August, 2005, upon admission of defendant, and pursuant to Pa. Rule of Civil Procedure 1557, IT IS ORDERED: (1) The subject property in Monroe Township, Cumberland County, Pennsylvania, set forth in a deed into David M. Eskin and Glenn R. Davis dated February 1, 1996 and recorded in the Office of the Recorder of Deeds of Cumberland County on February 6, 1996, at Deed Book 134, Page 880, IS PARTITIONED. (2) The names of the co-tenants are David M. Eskin and Glenn R. Davis. Their interest in the property is as tenants in common. (3) Pursuant to Rule 1158(a), a preliminary conference shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 3:30 Kimberly A. DeWitt, Esquire For Plaintiff p.m., Tuesday, September 6,2005. :sal / Glenn R. Davis, Esquire P.O. Box 825 Harrisburg, PA 17108-0825 ~. ~ ~4 cz. ." '"))', y::;:: ~ '~")d: ~. ~ .~~0 ',l;:~':""Q' s:.')~ ,,' "\'\\.k~ ~o:. ~D(')..o B:-Y;l ~ .~ .~ ~ u '5 ~ - Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DAVID M. ESKIN, v. NO. 05-240 GLENN R. DAVIS, Defendant : CIVIL ACTION - EQUITY (PARTITION) ACCORD ORDER AND NOW, this ~ day of ~2005, upon agreement of the Parties, IT IS ORDERED that the preliminary conference pursuant to Rule 1158(a) originally scheduled for September 6,2005, is rescheduled for October 19, 2005 at 11:00 a.m. in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE c:;0URT: ,/ J. .4thew Chabal, III, Esquire P.O. Box 650 Hershey, PA 17033 For Plaintiff ~ ~o.S og -7--V ~enn R. Davis, Esquire P.O. Box 825 Harrisburg, PA 17108-0825 Defendant filED-OFFICE F THE DR(fi'I'.!n"['~IHR\( j , ,,- ( ",,', '--- ,,~\ fl5 SEP 26 AH 10: I 7 'Uo';/i.""", ,'-'j',: '~Xr..i , l',.._~,._', 'e,", ',._.' ".,/,...Ul ~I ! PE0.jt.JSYL \/j:\("J:A ~~~\. DAVID M. ESKIN, PLAINTIFF V. GLENN R. DAVIS, DEFENDANT AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-240 CIVIL TERM ORDER OF COURT :;2\0 day of October, 2005, following a preliminary conference pursuant to Pa. Rule of Civil Procedure 1158(a), an evidentiary hearing shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 8:45 a.m., Thursday, January 12,2006. ~tthew Chabal, III, Esquire P.O. Box 650 Hershey, PA 17033 For Plaintiff ~nn R. Davis, Esquire P.O. Box 825 Harrisburg, PA 17108-0825 :sal By the Court,/ :.::.:.:) ,_. ~-_. . - Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV ANIA DAVID M. ESKIN, v. NO. 05-240 GLENN R. DAVIS, Defendant : CIVIL ACTION - EQUITY (PARTITION) ~ '(",J,CZ'" AND NOW, this 12th day of January, 2006, IT IS ORDERED THAT Dd"udant shall ORDER ..~ :; .. execute the attached Standard Agreement for the Sale of Real Estate and Addendum and deliver .\u...... y",d,,;'" ./'~ the same to Plaintiff on or before January 26, 2006, unless Defet!d;mt receives on or before t..,,'1<- January 26, 2006, a good faith written offer that meets all of the following conditions: ]. The Buyer must be a bona fide purchaser and shaH not be either Plaintiff or Defendant, or any entity in which either Plaintiff or Defendant has any direct or indirect interest. ,>J.C)."X)G rY 2. The offer must be in an amount in excess of $52j;OOO.OO. ' 7) 3. The purchase and sale must close on or before October 31, 2006. 4. The Buyer must be equally or better qualified than the Buyer identified in the attached Agreement...~ 5. The offer must contain 1:S~~e~:;:ve conditions than the conditions contained i~ -, the attached Agreement. 6. AH other terms must be satisfactory to both Plaintiff a~~.~ef~~d,~ BY THI;QOtJRT: "':.. .i!. .n':./ ./ ~wf/ J. ..'" ~/ " ~.. 'i~ i- 1;. ~. '" \i'; ~ ~ 'oj '\ ~ G" r L, " 'o '" \, ~' c, (Y', , ~. ,', (y; ',,) " ") '" 'I" \ t,',","'! ~, "'" ., . () \..- ",1:1\ ..l.(j - -...-.------ ., fi ., 9 10 11 12 13 1.' I,. ., 16 17 18 19 ?IJ " 22 23 24 25 ;:'6 27 '" 29 30 31 32 33 .1/1 35 36 n 38 " " 41 STANDARD AGREEMENT FOR THE SALE OJ!? REAL ESTATE T11is form recomll1ended rind approved for, but nfll restricted 10 use by, the members of the Pennsylvania Association orRFALrORS!~' (PAR). A/S-R BROKER (Company) ADDRESS _. ~_ _ L1CENSEE(S) ~__ . BROKER IS THE AGENT FOR SELLER. Broker is NOT the Agent for Seller and is a/an: S RELATIONSHIP WITH PA LICENSED BROKER PIrONE _______._ .___FAX~._____~_______~_ __ ______Designated Agent? DYes 0 No o TRANSACTION LlCENSEE BROKER (CompanYL ADDRESS~___.. L1CENSEE(S) _'_' BROKER IS THE AGENT FOR BUYER. Broker is NOT the Agent for Buyer and is a/an: LATlONSHIP WITH PA LICENSED BROKER PHONE _._._____ FAX. Designated Agent? 0 Yes 0 No o SUBAGENT FOR SELLER 0 TRANSACTION LICENSEE When the same Broker is Agent for Seller and Agent ror Buyer, Broker is a Dual Agent. All of Brok,er's licensees are also Dual Agents UNLESS there are separate IJesignated Agents for Buyer and Seller. If the same Licensee is desi nated for Seller and Buyer, the Licensee is a Dual Agent. I. m:bill %lgrccmcnt, daled SE~.E~(.~ '12. !lvlV >>1. GSklrV __ 7J-5.s0Cl"+~J ~,,-7) , is between S /cJl1 <f.()(/~" .;-Ji/6/Cf iL. 'D~v;f , a ~.i G-I tM\ 3 e - , called '''Seller,'' and " &YEp~~~ <r;p~::k.~7;(OZ:- '-"IJ~~'iJ i , called "Buyer." 7 2. PROPERTY (9-05 cller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: E ~::s ERTAIN 101 or piece of on d 'Ih huildings and i provemenls Ihereou .,recled, if any, know as: , .' C - -" 7 - ~. COJJ, 'I' '~b -11t!:!,.(lo,../~'I'r ine . ofH^,,~e"_ II County of C ilnL~,-/ftA~ in the Commonwealth of Penns)'lvlmia; Identification (e.g., Tax ID #; Parcel #;, 1:' Lol,Block;DeedBook,Page,RecordingDale): ;(').-/0 - rYn VA - ~S<r I' f)Uc! f3<JcJk /]'-1 f45'L .Yl?Gb 3. TERMS(9-05) . / A ~ ./ A c-/ II (A) Pur1!,e ~rice F.'tJ~ Ilcmdr~ 7I.""'q . 77.J.'l ?'-/JDLJ$ct:"'c:iI- 7t OC 15 5 .1 ;(" I0A (') u.s. Dollars, If> which will be paid to Seller by Buyer as follows: /l.--- ."'1 11 I. CashorcheckatsigningthisAgreement: c __ ...~oL-c!)1 000 18 2. Cash or check within ~ days of the execution ofthis Agreement: Nl $' 19 3 ~~ 20 4. Cash or cashier's check at time orsett\ement;~f .!)g~: ~~ ~ :; (B) Deposits paid by Buyer within~ DAYS of settlement will be by cash or cashier's check. Deposits, regardless of the fonn of payment and 23 the person designated as payee, will be paid in U,S. Dollars to Broker for Seller (unless otherwise stated here), ~_._ 24 , who wiI1 retain 25 deposits in an escrow account until consununation or termination of this Agreement 10 confonnity with aU applicable laws and regulations. Any 26 check tendered as deposit monies may be held uncashed pending the acceptance of this Agn:ement. 27 (C) Seller's written approval to be on pf before: 'T (l h ("u\-.r-f;.J ~'J., ;Z C) ~ c:; 28 (D) Settlement to be on Or-q:- ~ kr 31 ~ ~ (!:) ~ I, or before jf Buyer and Seller agree. 29 (E) Settlement will occur in the county where the Property 'is located or in an adjacent county, during normal business hours, unless Buyer and 30 Seller agree otherwise, 31 (F) Conveyance from Seller will be by fee simple deed of special warranty unless otherwise stated here: .___ 3? ~{3 3~ (0) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here: 35 (H) At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing where applicable: cur- rent taxes (see Information Regarding Real Estate Taxes); rents; interest on mortgage assumptions; condominium fees and homeowner asso- ciation fees; water and/or sewer fees, together with any other lienable municipal service. All charges will be pro-rated for the period(s) cov- ered. Seller will pay up to and including the date of settlement and Buyer will pay for all days following settlement 5S otherwise stat- ed here: € Buyer Initials:.3 7 - A/S~R Page I of 10 Selle s: Revised 9/05 36 11 lU 19 .1(") 11 IH COPYRIGHT I'ENNSYLVAN[A ASSOCfAnON OF REALTOR$@2005 1}/05 Pennsylvania Association of REALTORS" COMMUNICATIONS WITH BUYER AND/OR SELLER Wherever this Agreement contains a provision that requires or allows coml11unication/delivery to a Buyer, that provision shall he satisfied by com- munication/delivery to the Broker for Buyer, if any. [fthere is no Broker for Buyer, those provisions may be satisfied oo\y by comrnunication}deliv- CIY being made directly to the Buyer, unless otherwise agreed to by the paJ1ies. Wherever this Agreement contains a provision that requires or allows communication/delivery to a Seller, that provision munication/delivery to the Broker for Seller, if any. If there is no Broker for Seller, those provisions may be satisfied CIY being made directly to the Seller, unless otherwise agreed to by the paliies. NOTICE REGARDING CONVICTED SEX OFFENDERS The Pennsylvania General Assembly has passed legislation (often referred to as "M nity notification of the presence of certain convicted sex offenders. Buyers are Pennsylvania State Police [01" information relating to the presence of sex on the Pennsylvania State Police Web site at www.pamegansla 8. for cOl11mu~ J I epartment or the to check the information Municipal Taxes; School Taxes: Ivania, ta I s are for the period January 1 to December 31. Iphia, Pittsburgh and Scrantml school districts, the period covered by the tax bill Ittsburgh and Scranton school districts, tax bills are for the period January 1 to Real ania, taxing auth()l"ities (school districts and municipalities) rmd property owners may appeal the sale, or at any time thereafter. A successful appeal by a taxing authority may result in a higher assessed rease in property tax.es. Also, periodic county-wide property reassessments may change the assessed value of the e in property tax. NonCE TO BUYERS SEEKING MORTGAGE FINANCING (Paragnlph 6: Mortgage Contingency) The appraised value of the Property is used in detennining the maximum amount of the loan and may be different from the purchase price and/or market value. Back of rage I " 43 lJ ~) '1'.; 'H '" " 50 Sf 52 :;e, 54 55 5b " oil 59 50 Sol 6:' " 64 liS 51') 67 6B 69 70 71 72 73 74 15 76 77 1'8 79 gO U1 52 83 "' 85 SD 31 8H 89 DO " 91 :n 9-1 % 9G q7 93 ~j? lOa 101 102 103 104 105 lOG 4. :FTXTURES & PERSONAL PROPERTY (9-05) . (A) INCLUDED in this sale are aU existing items permanently installed in the Propel1y, free of liens, including plumbing; heating; lighting fix- tures (including c11andeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers and transmitters; tele- vision fllltennas~ lll1potted shrubbery, ptantings and trees; any remaining heating and cooking fuels stored on the Property at the time of set- tlement; slimp pumps; storage sheds; mailboxes; wall to wall carpeting; existing window screens, stann windows and screen/storm doors; window covering hardware, shades and blinds; awnings; built-in air conditioners; built-in appliances; and the range/oven unless otherwise stated. Also included: _.. ,.J /14- _ "~_ . , (8) LEASED items (not nwned by Seller): ~1L- (C) EXCLUDED fixtures and items: N ( t:J- 5. DATES/TIME IS OF THE ESSENCE (9-0S) (A) The settlement date and all other dates and times referred to for the perfonnance of any of the obligations of this Agreement are of the essence and are binding. (8) For purposes of this Agreement, the number of days will be counted from the date of execution, excluding the day this Agreement was exe- cuted and including the last day of the time period. The Execution Date of this Agreement is the date when Buyer and Seller have indicated full acceptance of this Agreement by signing and/or initialing it. All changes to this Agreement should be initialed and dated. (e) The setttement date is not extended by any other provision of this Agreement and may only b(~ extended by mutual written agreement of the parties. (D) Certain lime periods are pre-printed in this Agreement as a convenience to the Buyer and Seller. All pre-printed time periods are negotiable and may be changed by striking out the pre-printed text and inserting a different time period acceptable to all parties. 6. MORTGAGE CONTINGENCY (9-05) ~WAIVED. This sale is NOT contingent all mortgage financing, although Buyer lllay stil] obtain mor1gage financing. o ELECTED. (A) This sale is contingent upon Buyer obtaining mortgage financing as follows: First Mortgage on the Property Second Mortgage on the Prop..eJ~ Loan Amount $ A-1 ( A- Loan Amount $ IlL( A- Minimum Term years Minimum Tenn years Type of mortgage Type of mortgage Mortgage lender Mortgage lender Interest rate __%; however, Buyer agrees to accept the interest rate as may be committed by the mortgage lender, not to exceed a maximum interest rate of %. Discount points, loan origination, loan placement and other fees charged by the lender as a percentage of the m0l1gage loan (excluding any mort- gage insurance premiums or VA funding fee) not to exceed % (0%, ifnot specified) of the mortgage loall. Interest rate %; however, Buyer agrees to accept the interest I"ate as may be committed by the mortgage lender, not to exceed a maximum interest fate of %. Discount points, loan origination, loan placemellt and other fees charged by the lender as a percentage of the mOltgage loan (excluding any mort- gage insurance premiums or VA funding fee) not to exceed %, (00/0 if not specified) of the mortgage loan. 11)7 The interest rate(s) and fee(s) provisions in paragraph 6 (A) are satisfied if the m011gage ]ender(s) gives Buyer the right to guarantee the interest rate(s) and fee(s) at or below the maximum levels stated. Buyer gives Seller the right, at Seller's sole option and as pennitted by law and the tTI0l1gage lender(s), to contribute financially, without promise ofreimbursel11ent, to the Buyer and/or the nl0l1gage lender(s) to make the above mortgage temlS available to Buyer. (B) Within ____ days (10 if not specified) from the Execution Date of this Agreement, Buyer will make a completed, written mortgflge appli- cation for the mortgage tenns stated above to the mortgage lender(s) identified in paragraph 6 (A), if any, otherwise to a responsible mortgage ]ender(s) of Buyer's choice. Bmker for Buyer, if any, otherwise Broker for Seller, is authorized to communicate with the mortgage lend('r(s) to assist in the mortgage loan process. (C) Should Buyer furnish false or incomplete information to Seller, Broker(s), or the mortgage lender(s) concerning Buyer's legal or financial status, or fall to cooperate in good faith in processing the mortgage loan application, which results in the mortgage Iender(s) refusing to appn}Vc a mortgage luan commitment, Buyer will be in default of this Al~reement. (D) 1. Mortgage commitment date: .ffSeUer does not receive a copy of Buyer's mortgage commitment(s) by this date, Buyer and Seller agree to extend the mortgage commitment date until Seller terminates this Agreement by written notice to BUler. 2. Upon receiving a mortgage commitment, Buyer will promptly deliver a copy of the commitment to Seller. 3. Seller may tenninate this Agreement in writing after the m0l1gage commitment date, if the mortgage commitment(s): a. Is not valid until the date of settlement, OR b. Is conditioned upon the sale and settlement of any other property, OR c. Does not satisfy all the mortgage tenTIS as stated in paragraph 6 (A), OR d. Contains any other condition not specified in this Agreement that is not satisfied and/or removed in writing by the mortgage lender(s) within ----1- DAYS after the mortgage commitment date in paragraph 6 (D) (1), other than those conditions that are customari- ly satisfted at or near settlement, such as obtaining insurance and confmning employment status. 4. Tfthis Agreement is tenninated pursuant to paragraphs 6 (D) (1) or (3), or the mortgage loan(s) is not obtained for settlement, all deposit monies will be retumed to Buyer according to the tenns of paragraph 30 and this Agreement will be VOID. Buyer will be responsible for any costs incurred by Buyer for any inspections or certifications obtained according to the tenllS of this Agre{~ment, and any costs incurred by Buyer for: (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; (2) Flood insurance and/or fIre insur3.!.lce"with extended cov- emge, mine ,ubsp""'i' inslU'ance. or any fee for cancellation; (3) Appraisal fm and charges paid in advance to mnrtgr.e:~t;i(s). BUyerInitials:~ r;- ~ A/S-RPage20fl0 Sellerlniti~~~ ,12 :\3 4!1 c1') 46 'F '18 .N J:;!1. SI :;7. ~s 5'1 :.5 ;';1) 57 ~;B ~".) (;0 (;1 fi2 53 Gil liS Hi fl! 62 69 7\l 71 72 73 7.-1 10 I6 !I ill 79 f.0 "' 1;;; (!:' "' !1'1 flG A? '" r,? 'II) ~! 92 q::; 'H 91 9H fl"; fl0 99 iOO 101 10il 103 1()!1 HiS lOr. 101 :PROPE"RTY & ENVIRONMENTAL INSPECTION NOTICES (Paragraph 11: Property Inspection Contingency) Flood Plains: If the Property is located in a flood plain, Buyer may be required to carry additional insurance. Property Boundary I Square Footage: Seller has not had the Property surveyed. Any fences, hedges, wans and other natural or constructed bar- riers mayor may not represent the true boundary lines of the Property. Any numerical representations of square footage of the structure(s) and/or lot size are approx.imations only and may be inaccurate. If Buyer wishes to verify the Property's boundaries or square footage, Buyer is advised to engage a professional surveyor or obtain an independent measurement of the structure(s) and/or lot size. Water Service: Buyer may elect to have the water service inspected by a professional water/well testing company. In addition, on-site water serv- ice systems may have to meet certain quality and/or quantity requirements set by the municipality or the mortgage lender. Wood-Destroying Insect Infestation: Insects whose primary source of food is wood, such as tenniles, wood-boring beetles, carpenter ants, car- penter bees and certain other insects, can cause damage to the wood structure of a residence. Termite and Pest Control companies are available to inspect to determine whether wood-desu'oying insects are present. Because of the way these insects function, damage to wood may be hidden. Careful selection should be made of skilled experts in the termite/pest control field to insure proper determination of -boring insects or resultant damage is present. Exterior Insulation and Finish Systems (EIFS): Exterior lnsulation and finish Systems -. some' multi~layered wall systems applied to the exterior of some homes. Poor or improper installation 0 face of a structure where it may cause damage to the building's frame. Leakage most frequentl connection and at the lowennost edge of the exterior surface. Vulnerability to lea ds application skills of the contractor. Damage caused by water intrusion may be b d absence of an adequate inspection. Buyers purchasing homes with EIFS con, EIFS~related problems who can detetmine the moisture content 0 il ceo - are gthe sur- rs, the roof expertise and ill 0 undetected in the experienced in testing for Asbeslos: The heat-resistant and durable nature of ance to beat and decay are linked with several the air for long periods of time. When inhaled of cancer. lnquiries or requests fi Building, 1200 Pennsylvania A Environmental Health, HaITi physical properties that give asbestos its resist- into microscopic fibers that remain suspended in ISS s estos is known to cause Asbestosis and various forms 'rected 10 the U,S. Environmental Protection Agency, Arie! Rios epartment of Health, Commonwealth of Pennsylvania, Division of (El\.1Fs) occur around all electrical appliances and power lines, Conclusive evidence that EMFs nnsylvania has no laws regarding this issue. e '..nvironmental Protection Agency has a list of hazardous substances, the use and disposal of which are azardous substances are found on a property, it is the property owner's responsibility to dispose of them properly, list of hazardous substances, contact the U,S. Environmental Protection Agency, Arid Rios Building, 1200 .w.. Washington, D.C. 20460, (202) 260.2090. Wetlands: Wetlands are protected by the federal and state governments. Buyer may wish to hire an environmental engineer to investigate whether the Propeliy is located in a wetlands area to determine if pennits for plans to build, improve or develop the property would be affected or denied because of its location in a wetlands area. Mold, Fungi and Indoor Air Quality: Indoor mold contamination and the inhalation ofbioaerosols (bacteria, mold spores, pollen and viruses) have been associated with anergic responses induding upper respiratory congestion, cough, mUcous membrane irritation, fever, chills, muscle ache or other transient inflammation or allergy. Claims have been asserted that exposure to mold contamination and bioaerosols has led to serious infec- tion, immunosuppression and illnesses of neuro or systemic toxicity. Sampling of indoor air quality and other methods exist to determine the pres~ ence and scope of indoor contamination. Because individuals may be affected differently, or not a1fected at all, by the presence of mold or other bioaerosols, Buyer may wish to engage the services of a qualified professional to undertake an assessment and/or sampling of the Property. Assessments and samplings for the presence of mold and bioaerosols can be performed by qualified industrial hygienists, engineers, laboratories and home inspection companies that offer these services. Information about indoor air quality issues is available through the U.S. Environmental Protection Agency and may be obtained by contacting IAQ INFO, P.O. Box 37133, Washington, D"C. 20013-7133, 1-800-438-4318. Back of Page 2 106 109 '!to Hi 112 11:1 11,1 11'; 115 117 118 119 120 121 122 123 124 12~; 126 127 128 !29 130 131 132 133 13,1 135 136 137 138 139 140 141 112 1113 14_1 1115 H6 W HE 149 IGU lS1 15/. 15~ 154 1S!' 1Sf> 157 158 159 1(;0 161 182 163 ilia 165 166 1(;7 158 1(;9 170 171 (E) If'the mortgage lender(s), or an insurer providing property and casualty insurance as required by the mortgage lender(s), requires repairs to the 101'1 Property, Buyer will, upon receiving the requirements, deliver a copy oftlle requirements to Seller. Within ----5- DAYS of receiving the copy HiD of the requirements, Seller will notify Buyer whether Seller will make the required repairs at Seller's expense. iff) I. If Seller makes the required repairs to the satisfaction of the mortgage lender(s) or insurer, Buyer accepts the Property and agrees to the 111 RELEASE in paragraph 27 of this Agreement. 112 2. If Seller will not make the required repairs, or if Seller fails to respond within the time given, Buyer will, within ~ DAYS, notify 113 Seller of Buyer's choice to: 111 a. Make the required repairs, at Buyer's expense, with pell11ission and access to the Property given by Seller; permission and access may 11:; not be umeasonably witWleld by Seller, OR 1 If; b. Tenninate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the temlS of paragraph ill 30 of this Agreement. li8 Sell~ssist 119 IU" NOT APPLICABLE 12" o APPLICABLE. SelJer will pay: 121 o $ , or % of Purchase Price, maximum, toward Buyer's costs as acceptable to the mortgage lender(s). 1:12 D 113 (F) (G) FHA/VA, IF APPLICABLE It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless Buyer has been given, in accordance with HUDIFHA or VA requirements, a written statement by the Federal Housing Commissioner, Veterans Administration, or a Direct Endorsement Lender setting fOlth the appraised value of the Property of not less than $ (the dollar amount to be inserted is the sales price as stated in this Agreement). Buyer will have the pnvile;ge and option of proceeding with consummation of the contract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to detennine the maximum mort- gage the Department of Housing and Urban Developm~Will insme. HUD does not warrant the value nor the condition of the Property. Buyer should satisfy himself/herself that the pri<J\ at\! c n~n of the Property are acceptable. Warnin~: Sectio.n 1010 of Title 18, V.S.c., ~rt le.ftCt H?usi.ng and Urban De~elopment and Federal Housing Administration Transachons, proVIdes, "Wboever for the purpose of . . . mfluencmg 111 any way the achon of such Department, makes, passes, utters or publishes any statement, knowing the same to be false. . . shall be fined under this titl~: or imprisoned not more than two years, or both." u.s. Department of Housing and Urban Development (HUD) NOTICE TO PURCHASERS: Buyer's Acknowledgement o Buyer has received the HUD Notice "For Your Protection: Get a Home Inspection." Buyer understands the importance of getting an independent home inspection and has thought about this before signing this Agreement. Buyer understands that FHA will not perfonll a home inspection nor guarantee the price or condition of the Propelty. Certification We the undersigned, Seller(s) and Buyer(s) pmty to this transaction each certify that the tenns of this contract for purchase are true to the best of ow' knowledge and belief, and that any other agreement entered into by any of these parties in connection with this transaction is attached to this Agreement. 08 139 1110 1-11 1 <I? 124 125 126 1:>7 128 129 130 131 132 13:1 1,14 135 (H) 136 137 (I) 7. 9. WAIVER OF CONTINGENCIES (9-05) If this Agreement is contingent on Buyer's right to inspect and/or repair the Property, or to verify insurability, environmental conditions, boundaries, certifications, zoning classification or use, or any other information regarding the Property, Buyer's failure to exercise any of Buyer's options within the times set forth in this Agreement is a WAIVER of that contingE~ncy and Buyer accepts the Pr:operty and agrees to the RELEASE in paragraph 27 of this Agreement. PRQJlERTY INSURANCE AVAILABILITY (9-05) [ij"'" WAIVED. This Agreement is NOT contingent upon Buyer obtaining property and casualty insurance for the Property, although Buyer may 149 still obtain property and casualty insurance. o ELECTED. Contingency Period: _ DAYS (15 if not specified) from the Execution Date of this Agreement. Within the Contingency Period, Buyer will make application for property and casualty insurance for the Property to a responsible insurer. Broker 152 for Buyer, if any, otherwise Broker for Seller, may communicate with the insurer to assist in the insurance process. If Buyer cannot obtain 15J property and casualty insurance for the Property on temlS and conditions reasonably acceptable to Buyer, Buyer will, within the Contingency 15J Period: H;5 (A) Accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, OR (B) Tenllinate this Agreement by written notice to Seller, with all deposit monies retumed to Buyer according to the terms of paragraph 30 of this ;$7 Agreement, OR (C) Enter into a munJally acceptable written agreement with Seller. If Buyer and Seller do not reach a written agreement during the Contingency Period, and Buyer does not terminate this Agreement by 160 written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement. 151 INSPECTIONS (9-05) 167 (A) Seller will provide access to insurers' representatives and, as may be required by this Agreement, to surveyors, municipal officials, and inspec- 16:1 tors. If Buyer is obtaining mortgage financing, Seller will provide access to the Property to appraisers and others reasonably required by mort- 164 gage lender(s). Buyer may attend any inspections. (B) Buyer may make a pre-settlement walk-through inspection of the Property. Buyer's right to this inspection is not waived by any other provision 166 of this Agreement. (C) Seller will have heating and all utilities (including fuel(s)) on for all inspections. (D) All inspectors, including home inspectors, are authorized by Buyer to provide a copy of any inspection report to Broker for Buyer. (E) Seller has the right, upon request, to receive without charge a copy of any inspection repoli from the party for whom it was prepared. (43 8. 1<14 145 146 1;\7 14~ t5!) i~l 1% t~[I !;;9 155 167 H>8 169 170 Buyel' Initial~ (J 171 sell~' (" A/S-R Page 3 of 10 INFORMATION REGARDING THE HOME INSPECTION LAW 6;~ Pa. C.S.A. ~7501, et. seq. (Paragraph 11: Property Inspection Contingency) Applicability: The Home Inspection Law applies to "residential real estate transfers," defined as a sale, exchange, installment sales contract, lease with an option to buy, grant or other transfer of an interest in real property where NOT LESS THAN ONE AND NOT MORE THAN FOUR RESIDENTIAL DWELLING UNITS are involved. (See lnfonnation Regarding The Real Estate Seller Disclosure Law (exceptions 1-8) for a tist of exceptions to this general rule.) The followi.ng definitions are taken from the text of the Home Inspection Law Home Inspection: A noninvasive, visual examination of some combination of the mechanical, electrical or plumbing systems or the structural and essential components of 3 residential dwelling designed to identify material defects in those systems and components, and performed for a fee in cOlUlection with or preparation for a proposed or possible residential real estate transfer. TIle telm also includes any consultation regarding the property that is represented to be a home inspection or that is described by any confusingly similar tenn. The tenn does not include an examina- tion of a single system or component of a residential dwelling such as, for example, its electrical or plumbing system or its roof. The term also does not include an examination that is limited to inspection for, or of. one or more of the following: wood-destroying insects, underground tanks and wells. septic systems, swimming pools and spas. alann systems, air and water quality, tennis courts and playground equipment, pollutants, toxic chemicals and environmental hazards. The scope of a home inspection, the services to be performed and the systems and conditions to be inspected or excluded from inspection may be defined by a contract between the home inspector and the client Home inspection report: A written repol1 on the results of a home inspection. National home in {l) Is opera (2 r who performs the type of repair involved. A home inspection report shall include: (1) A description of the scope of ihe inspe-ction. including without \imitation an identification of tlle str tems covered by the report. (2) A descript.ion of any material defects noted during the inspection. nlong with any reCOI mine the extent oftbc defects and any corrective ,lction that should be taken. A "mate ph: on the property shall be conspicuously identified as such. A home inspector shall not express either orally or in writing an estimate of that such an estimate may be included in a home inspection rep0l1i (]) the report identifies the source of the estimate; (2) the estimate is stated as a range of costs; and (3) the revort states that the parties should c y inspection report from the party for whom it was prepared. e a full member unless the person has performed or participated in more than lOO home in spec- or accredited examination testing knowledge of the proper procedures for conducting a home inspec- lbers comply with a code of conduct and attend continuing professional education classes as an ongoing condition A buyer shall entitled to rely in good faith, without independent investigation. on a written representation by a home inspector that the home inspector is a full member in good standing of a national home inspection association. Material defect: A problem with a residential real property or any portion of it that would bave a significant adverse impact 011 the value of the property or that involves an umeasonable risk to people on the property. The fact that a structural element, system or subsystem is near, at or beyond the end of the normal useful life of such a struchlral element, system or subsystem is not by itself a material defect. INFORMATION REGARDING RADON (Paragraph 13: Stutus of Radon) Radon is a natural, radioactive gas that is produced in the ground by the normal decay of uranium and radium. Studies indicate that extended expo- sure to high levels of radon gas can increase the risk of lung cancer. Radon can find its way into any air-space, including basements and crawl spaces and can penneate a structure. The U.S. Environmental Protection Agency (EPA) advises corrective action if the annual average exposure to radon is at or eKceeds 0.02 working levels or 4 picoCuriesfliter (4pCi/L). If a house has a radon problem, it usually can be cured by increased ven- tilation and/or by preventing radon entry. Any person who tests, mitigates or safeguards a building for radon in Pennsylvania must be certified by the Department of Environmental Protection. Information about radon and about certified testing or mitigation finns is available through Department of Environmental Protection, Bureau of Radiation Protection, 13th Floor, Rachel Carson State Office Building, P.O. Box 8469, Harrisburg, PA l7\05-8469, (800) 23RADON or (7l7) 783-3594. Back of Page 3 172 111 174 175 176 177 178 179 '" W1 1f\2 Ir1;3 l1H 1115 186 137 lB8 189 190 191 192 193 H~,l 195 19' 197 198 199 200 201 202 203 204 205 206 207 208 209 210 21! 212 213 214 215 216 ~17 219 2\9 220 221 222 221 22:4 225 ?ZS ,!')} IIi. INSPECTION CONTINGENCY OPTIONS (9-05) Tbe inspection contingencies elected by Buyer in paragraphs 11-15 are controlled by the Options set forth below. The time periods stated in these Options will apply to all inspection contingencies in paragraphs 11-15 unless othelWise stated in this Agreement. Option 1. 'Vithin the Contingency Period, as stated in paragraphs 11-15, Buyer will: 1. Accept the Property with the i11fonnation stated in the rep0l1(s) and agree to theRJ~LEASE in paragraph 27 oftl1i3 Agreement, OR 2. If Buyer is not satisfied with the information stated in the reporl(s), terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the tenTIS of paragraph 30 of this Agreement, OR 3. Enter into a mutually acceptable \\Titten agreement with Seller providing for any repairs or improvements to the Propelty and/or any credit to Buyer at settlement, as acceptable to the m0l1gage lender(s), irany. If Buyer and Seller do not reach a written agreement during the specified Contingency Period, alld Buyer does not terminate this 'i'1 Agreement by written notice to Seller within that time, Buye.' will accept the IJroperty and agree to the REL~ASE in paragraph 27 of this Agreement. Option 2. Within the Contingency Period, as stated in paragraphs ll-t5, Buyer will: 1. Accept the Property with the infonnation stated in the rep0!1(s) and agree to the RELEASE in paragraph 27 of this Agreement, OR 2. If Buyer is not satisfied with the infonuation stated in the report(s), p,'esent tbe report(s) to SeUer with a Written Corrective Proposal l~H; ("'Proposal") listing corrections and/or credits desired by Buyer. The Proposal may, but is not required to, include the name of a prop-iS/ erly licensed or qualified professional to perform the corrections requested in the ProposaL provisions for payment, induding retests, and Ii,,, a projected date for completion of the corrections. Buyer agrees that Seller will not be held liable for corrections that do not comply with ley mortgage lender or govemmental reqllirements if perfOlTned in a workmanlike manner according to the terms of Buyer's Proposal, or by j(]i> a contractor selected by Buyer. l.\. Within _ days (7 if not specified) ofrcceiving Buyer's Proposal, Seller will inform Buyer in writing of Seller's choice to: (t) Satisfy the tenllS of Buyer's Proposal, OR (2) Credit Buyer at settlement for the costs to satisfy the tenns of Buyer's Proposal, as acceptable to the mortgage lender(s), if any, OR ]\)1 (3) Not satisfy the tenns of Buyer's Proposal and not credit Buyer at settlement for the costs to satisfy the tenns of Buyer's Proposal. Hir: b. If SeHer agrees to satisfy the tenns of Buyer's Proposal or to credit Buyer at settlement as specified above, Buyer accepts the Property i% and agrees to the RELEASE in paragraph 27 ofthis Agreement. c. lfSeller chooses not to satisfy the tenllS of Buyer's Proposal and not to credit Buyer at settlement as specified above, or if Seller fails 198 to choose any option within the time given, Buyer will, within _ days (5 if llot specified): (1) Accept the Property with the infonnation stated in the report(s) and agree to the RELEASE in paragraph 27 of this Agreement, OR 21](1 (2) Tenninate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of para- ?Il\ graph 30 of this Agreement, OR (3) Enter into a mutually acceptable written agreement with Seller providing for any repairs or improvements to the Property and/or any credit to Buyer at settlement, as acceptable to the mortgage lender(s), ifany. If Buyer and Seller do not rellch a written agreement during the time specified in Option 2, 2. c., and Buyer does not ter- minate this Agreement by \yritten notice to Seller within that time, Buyer will accept the Property and agree to the ?oe RELEASE in paragraph 27 of this Agreement. PROPERTY INSPECTION CONTINGENCY (9-05) (See Property and Environmental Inspection Notices) Buyer understands that property inspections, certifications and/or investigations can be perfonned by prGfessional contractors, home inspectors, engineers, architects and other properly licensed or otherwise qualified professionals, and may include, but are not limited to: structural compo- nents; roof; exterior windows and exterior doors; exterior siding, fascia, gutters and downspGuts; swimming pools, hot tubs and spas; appliances; ;:111 electrical, plumbing, heating and cooling systems; water penetration; environmental hazards (e.g., mold, fungi, indoor air quality, asbestos, under- ?P ground storage tanks, etc.); electromagnetic fields; wetlands inspection; flood plain veriiica-tion; property bound31y/square footage verifICation; ?l1 and any other items Buyer may select. Buyer is advised to investigate easements, deed and use restrictions (including any historic preservation 2111 restrictions or ordinances) that apply to the Property and to review local zoning ordinances, Other provisions of this Agreement may provide for 21<; insp~ns, certifications and/or investigations that are not waived or altered by Buyer's election here. ~WA1VED. Buyer has the option to conduct property inspections, certitications andJor inv~:stigations. Buyer WAIVES THIS OPTION and agrees to the RELEASE in paragraph 27 of this Agreement. o ELECTED. Contingency Period: _ days (15 if not specified) from the Execution Date of this Agreement. (A) Within the Contingency Period, Buyer, at Buyer's expense, may have inspections, certifications and/or investigations completed by proper- ?2fl ly licensed or otherwise qualified professionals. If Buyer elects to have a home inspection of the Property, as defined in the Pennsylvania Home 221 Inspection Law (see Infol111ation Regarding the Home Inspection Law), the home inspection must be perfonned by a full member in good stand- c ing of a national home inspection association or a person supervised by a full member of Ci national home inspection association, in accordance 223 with the ethical standards and code of conduct or practice of that association. or by a properly licensed or registered professional engineer, or a ;:1;:1,' properly licensed or registered architect. This contingency does not apply to the following existing conditions and/or items: i',-,- 1"'\ Hn \~d 10f; 1111 jfl? 191 1!'I 1!l9 lOP 2iB 20" 2i)~'; 1\\i 11. ;Wf1 70S 210 216 21-, ;Jlil 2n~ 72:: 2;:& ??! 27.8 (B) If Buyer is not satisfied with the condition of the Propetty as stated in the written in"pectlOl1 rep01t(s), Buyer win proceed under one of the fo1- ;;;H 229 lowing Options as listed in paragraph 10 within the Contingency Period: ;;n ?JO 0 Option 1 ;e:H) 221 0 Option 2 For the purposes of Paragraph 11 only, Buyer agrees to accept the Propelty with the results of any report(s) and agrees to 211 232 the RELEASE in paragrapb 27 of this Agreement if the total cost to correct the conditions stated in the report(s) is less than 232 7:n $ ($0 if not specified) (the "Deductible Amount"). Otherwise, all provisions of paragraph 10, Option 2, shall :?:n 234 apply, except that SeHer will be deemed to have satisfied the tel111S of Buyer's Proposal if Seller agrees to perform corrections 2:P n5 or offer credits such that the cumulative cost of any uncorrected or uncredited condition(s) is equal to the Deductible Amount. ?y; 290 BUyerlnilia,s2""l ~ seIlerr(('. A/S-R Page 4 of 10 7JG SEWAGE NOTICES (paragraph 15: Status of Sewer) NOTICES PURSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT NOTICE 1: THERE IS NO CURRENTLY EXISTING COMMUNITY SEWAGE SYSTEM AVAILABLE FOR THE SUBJECT PROPERTY. Section 7 of the Pennsylvania Sewage Facilities Act provides that no person shall install, construct, request bid proposals for con- struction, alter, repair or occupy any building Of structure for which an individual sewage system is to be installed, without first obtaining a permit. Buyer is advised by this notice that, before signing this Agreement, Buyer should contact the local agency charged with administering the Act to determine the procedure and requirements for obtaining a permit :fi idual sewage system. The local agency charged with administering the Act will be the municipality where the Prope that munic- ipality working cooperatively with others. NOTICE 2: THIS PROPERTY IS SERVICED BY AN INDIVIDUAL SEWAGE SYSTE PERMIT EXEMPTION PROVISIONS OF SECTION 7 OF THE PENNSY (Section 7 provides that a permit may not be required before installi lng, repairing or connecting to an individual sewage system wher January 10, 1987). Buyer is advised that soils and site t~sting owner of the Property or properties serviced by the pollution, public health hazard or nuisance w c RE ion, alter- fr parent tract after ystem malfunction, the Jable for any contamination, NOTICE 3: THIS PROPERTY IS SERVIC IS CONVEYED BY A WATE ITATE ULTIMATE Act, Seller must 1995, whichev OR TEMPORARY) TO WHICH SEWAGE I ESIGNED AND CONSTRUCTED TO FACIL- THER SITE. Pursuant to the Pellllsylvania Sewage Facilities ining the tank from the date of its installation or December 14, EM HAS BEEN INSTALLED AT AN ISOLATION DISTANCE FROM A WELL ANCE SPECIFIED BY REGULATION. The regulations at 25 Pa. Code 973.13 pertaining istances provide guidance. Subsection (b) of 973.13 states that the minimum horizontal i801a- een a mdividual water supply or water supply system suction line and treatment tanks shall be 50 feet. 73.13 states that the horizontal isolation distance between the individual water supply or water supply system the perimeter of the absorption area shall be 100 feet. NOTICE 5: S LOT IS WITHIN AN AREA IN WHICH PERMIT LIMITATIONS ARE IN EFFECT AND IS SUBJECT TO THOSE LIMITATIONS. SEWAGE FACILITIES ARE NOT AVAILABLE FOR THIS LOT AND CONSTRUCTION OF A STRUCTURE TO BE SERVED BY SEWAGE FACILITIES MAY NOT BEGIN UNTIL THE MUNICIPALITY COM- PLETES A MAJOR PLANNING REQUIREMENT PURSUANT TO THE: PENNSYLVANIA SEWAGE FACILITIES ACT AND REGULATIONS PROMULGATED THEREUNDER. Back of Page 4 tori '..'.n II ,>:3 '\Ll 'J:) ~; !o1H ;Jp )1:(1 ?S1 ;.l~:; }~<1 ;'i4 ')!j;; :>:'iil iS7 )fiB :)'\9 2.60 'Ill \ ?S'~ 2f,:\ ?04 :?SS ?!)fi 2;,7 258 259 270 2'7'1 'l72 273 n4 275 275 27'1 2TB n9 ?RQ 281 282 283 231 285 286 207 2,es 289 2% 291 292 291 294 295 296 297 29B 2tJ9 300 301 12. : W09D INFESTATION INSPECTION CONTINGENCY (9-05) . {B" WAiVED. Buyer htls the option to have the Property inspected for wood infestation by an inspector certified as a 'wuod-destroying pests pesti- ,?:H\ cide applicator. BUYER WAfVES THIS OPTION 811d agrees to the RELEASE ill parngraph 27 of this Agreement. o ELECTED. Contingency Period: _ d<lYs (15 if not specified) from tl1c Execution Date of this AhJfeement. (A) Within the Contingency Period, Buyer, [It Buyer's expense, may obtain a written "Wood-Destroying Insect Infestation Inspection Report" 211 from an inspector certitied as 11 wood-destroying pests pesticide applicator and will deliver it and all supportiJ1g documents and drawings pro- 212 vided by the inspector to Seller. The report is to he made satisfactory to and in compliance with applicable laws, mortgage lender requirements, ;),jJ <'IndIaI' Federal Insuring and Gunranteeing Agency requirements, ifany. The inspection is to be limited to all readily visible and accessible areas :Hi of all strUl.;tures on the Property except fences and the following structureS, which will not be inspected:__ 13. (B) If the inspection reveals active infestation(s), Buyer, at Buyer's expense, Illay ",,'Hhin the Contingency Periodl obtain a Proposal from a wood- ;HI destroying pests pesticide applicator to treat the Property. 2,18 (C) Irthe inspection reveals damage frolll active or previous infestation(s), Buyer, at Buyer's expense, may within the Contingency Period, obtain 'N9 a written repOlt from a professional contractor, home inspector or structural engineer that is limited to structural damage to the Property caused ;11;0 by wood-Jestroying organisms and a Proposal to repair andlor treat the Property. (D) lfBuyer is 110t satisfied with the condition of the Property as st<lted in the written inspection report(s), Buyer will proceed under one of the fol- ~r;2 lowing Options as listed in paragraph 10 ,,'ithin the Contingency Period: D Option t D Option 2 STATUS OF RADON (9-05) (see Infoonation Regarding Radon) (A) Seller has 110 knowledge conceming the presence or absellce ofradol1 unless checked below: o 1. Seller has knowledge tlmt the Property was tested on the dates, by the methods (e:.g., charcoal canister, alpha track, etc.), and with the results of aH tests indicated below: DATE TYPE OF TEST RESULTS (picoCunes/liter or working levels) o Se\ler has knowledge that the Property underwent radon reduction measures on the uate(s) and by the methodes) indicated below: DATE RADON REDUCTION METHOD 2. 14. COPIES OF ALL AVAILABLE TEST REPORTS will be delivered to Buyer witb tllis Agreement SELLER DOES NOT WARRANT EITHER THE METHODS OR RESULTS OF THE TESTS. (B) RADj)N INSPECTION CONTINGENCY I1f""WAIVED. Buyer has the option to have the Property inspected for radon by a certified inspector. BUYER WAIVES THIS OPTION and agrees to the RELEASE in paragraph 27 of this Agreement. D ELECTED. Contingency Period: _ days (15 if not specified) from the Execution Date of this Agreement. Within the Contingency Period, Buyer, at Buyer's expense, may obtain a radon test of the Property from a certified inspector. If Seller 273 performs any radon remediation, SeHer will provide Buyer a celtification that the remediation was performed by a properly licensed and 214 certified radon mitigation company. 1. If the written test report reveals the presence of radon below 0.02 working levels or 4 picoCuries!1iter (4 pCi/L), Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreement. 2. If the written test report reveals the presence of radon at or exceeding 0.02 working levels or 4 piooCurieslliter (4 pCifL), Buyer will proceed under one of the following Options as listed in paragraph 10 within the Contingency Period: D Option 1 D Option 2 STATUS OF WATER (9-05) (A) Seller represents that the Property is served by: D Public Water D On-site Water o ):mmnunity Water [j?' None o (8) WA:P;R SERVICE INSPECTION CONTINGENCY ~ WAIVED. Buyer has the option to have an inspection of the quality and or quantity of the water system for the Property. BUYER WAIVES THIS OPTTON and agrees to the RELEASE in paragraph 27 of this Agreement. o ELECTED. Contingency Period: _ days (l5 if not specified) from the Execution Date of this Agreement. l. Within the Contingency Period, Buyer, at Buyer's expense, may obtain an inspection of the quality and/or quantity of the water sys- tem from a properly licensed or otherwise qualified water/well testing company. 2. If required by the inspection company, Seller, at Seller's expense, will locate and provide access to the on-site (or individual) water system. Seller also agrees to restore the Property, at Seller's expense, prior to settllement. 3. If Buyer is not satisfied with the condition of the water system as stated in the written inspection report(s), Buyer will proceed under one of the following Options as listed in paragraph 10 within the Contingency P'eriod: D Option 1 o Option 2 BUYerlnitial~ P seller~ .-- A1S-R Page 5 of 10 ',', , ?:'i'l 210 ?4S ;,){; ZSI 253 2~l "2f;5 256 2~7 258 259 260 2IJI 262 263 264 265 2,{)6 267 266 269 270 271 272 U5 27. 277 2:78 279 280 261 282 283 284 265 286 267 188 269 290 291 292 293 294 ?95 296 297 298 299 300 301 INFORMATION REGARDING RECREATIONAL CABINS (Paragraph 19: Title, Surveys & Costs) The following definitions and requirements are taken from the Pennsylvania Construction Code Act (35 P.S. ~7210.JOI et. seq.) A Recreational Cabin is a structure which is: (1) Utilized principally for recreational activity; (2) Not utilized as a domicile or residence for any individual for any time period; (3) Not utilized for commercial purposes; (4) Not greater than two stories in height, excluding basement; (5) Not utilized by the owner or any other person as a place of employment; (6) Not a mailing address for bills and cOlTespondence; and (7) Not listed as all individual's place ofresidence on a tax retU11l, driver's license, car registration or voter registration. A recreational cabin may be exempt from the provisions oCtile Pennsylvania Construction Code Act if: (i) The cabin is equipped with at least one smoke detector, one fire extinguisher and one carb0111110noxide detector in hath the kitchen and sleeping quarters; and (2) The owner of the cabin files with the municipality either: (a) An affidavit on a form prescribed by the Pennsylvania Department of Labor and lndustry attesting to the fact that the cabin meets the definition of a "recreational cabin" in Section 103 of the Act; or (b) A valid proof of insurance for the recreational cabin, written and issued by an insurer authorizeg this Commonwealth, stating that the structure meets the definition of a "recreational cabin" as defined in The Uniform Condominium Act d rem[linder of which is designat undivided interests in t creation- If a recreational cabin is subject to exclusion from the Pennsylvania Construction Code Act, up() a\ cabin, written notice must be provided in the sales agreement and the deed that the rec ' (1) Is exempt from this Act; (2) May not be in conformance with tbe uniform construction code; and (3) ls not subject to municipal regulation. Failure to comply with tbis notice requirement shall render the sale voipable a INFORMATION REGARDING (Paragraph 20: Condominiu minium s of which are designated for separate ownership and the s of those portions. Real estate is not a condominiurn unless the The U interest any amo estate othe dominium 20 years, incl Definition of a Planned Commnnity lanned community" as real estate with respect t(l which a person, by vlliue of ownership of an lay become obligated by covenant, easement or agreement imposed on the owner's interest to pay es, insurance, maintenance, repair, improvement, management, administration or regulation of any part of the real terest owned solely by the person. The tenn excludes a cooperative and a condominium, but a cooperative or con- anned community. For the purposes of this definition, "ownership" includes holding a leasehold interest of more than newa! options, in real estate. The term includes non-residential campground communities. Exemptions from the Unifol"m Planned Community Act and the Uniform Condominium Act: When a Certificate of Resale 15 Not Required The owner of a propeliy located within a planned community is not required to furnish the buyer with a cetiificate of resale under the following circmTIstances: (I) The Planned Community/Condominium contains no more than 12 units, provided there is no possibility of adding real estate or subdi- viding units to increase the size of the planned community or condominium. (2) The Planned Community/Condominium is one in which all of the units are restricted exclusively to non-residential use, unless the dec- laration provides that the resale provisions are nevertheless to be followed. (3) The Planned Community/Condominium or units are located outside the Commonwealth of Pennsylvania. t4) The transfer of the unit is a gratuitous transfer. (5) The transfer of the unit is required by court order. (6) The transfer oftlle unit is by the government or a governmental agency. (7) The tram;fer of the unit is the result of foreclosure or in lieu of foreclosure. Notices Regarding Public Offering Statements and Right to Rescission lfSeller is a Declarant of tile condominium or planned community, Seller is required to furnish Buyer with a copy of the Public Offering Statement and its amendments. For condominiums, the delivery of the Public Offering Statement mllst be made no later than the date the buyer executes this Agreement. Buyer may cancel this Agreement within I5 days after receiving the Public Offering Statement and any amendments that ImHerially and adversely affect Buyer. For planned communities, the Declarant must provide the Buyer with a copy oftbe Public Offering Statement and its amendments no later than the date the Buyer executes this Agreement. Buyer may cancel this Agreement within 7 days alTer receiving the Public Otlering Statement and any amendments that materially and adversely affect Buyer. U....IT "fP......, (; 302 'JIB 304 305 306 307 ,~nB 309 310 311 312 313 3H 315 316 311 318 319 :mJ 321 322 323 324 325 325 327 32:3 329 330 331 :m: 333 334 33') 316 337 338 339 340 341 342 343 3'H 3<\5- 346 :517 ". 319 350 151 352 353 354 3SS 355 357 358 359 360 361 362 363 364 365 366 367 368 15: 802 ;J(l3 :l04 STATUS OF SEWER (9-05) (A) SeHer represents that the Propeliy is served by: o Public Sewer o lndividual On-lot Sewage Disposal System (see Sewage Notice I) o Individual On-lot Sewage Disposal System in Proximity to Well (see Sewage Notice 1; see Sewage Notice 4. iI dppllul!lle) o Community Sewage Disposal System o Ten-Acre Pennit Exemption (see Sewage Notice 2) o Holding Tank (see Sewage Notice 3) ~ None (see Sewage Notice 1) o None AvailablelPelll1it Limitations in Effect (see Sewage Notice 5) o (8) INDj.VIDUAL ON-LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY [H""" WAIVED. Buyer has the option to have an inspection of the individual OIdot sewage di!'.posal !'.ystem for the Property. BUYER WAIVES TillS OPTION and agrees to the RELEASE in paragraph 27 of this Agreement. o ELECTED. Contingency Period: _ days (15 if not specified) from the Executinn Date of th,s Agreement. 1. Within the Contingency Period, Buyer, at Buyer's expense, may obtain an inspection of the individual on-Jot sewage disposal sys- tem from a qualified, professional inspector. 2. If and as required by the inspection company, Seller, at Seller's expense, will locate, provide access to and empty the individual on- I()t sewage disposal system. Seiler will aho restore the Property, at Seller's expense, prior to settlement. 3. Tftbe inspection report reveals defects that do not require expansion or replacement of the existing individual on-lot sewage disposal sy!'.tem, Buyer will proceed under one of the following Options as listed in paragraph 10 within the Contingency Period: o Oplion 1 o Option 2 4. If the inspection repOlt reveals the need to expand or replace the existing individual on-lot sewage disposal system, Seller may, within ~ DAYS of receiving the inspection repott, submit a Written Conective Proposal ("Proposal") to Buyer. The Proposal 326 will include, but not be limited to, the name of the company to perfonn the expansion or replacement; provisions for payment, includ- ing retests; and a projected completion date for corrective measures. Within _.2- DAYS of receiving Seller's Proposal, or if no 3::'8 Proposal is provided within the time given, Buyer will notify Seller in writing of Buyer's choice to: a. Agree to the tenus of the Proposal, if any, whereupon Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreement, OR b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the tenus of para- graph 30 of this Agreement c. Accept the Property and the existing system and agree to the RELEASE in paragraph 27 of this Agreement, and, if required by any mor1gage lender and/or any govemmental authority, correct the defects before settlement or within the time required by the mortgage lender and/or governmental authority, at Buyer's sole expense, and with pennission and access to the Property given by :J31l Seller. Penllission and access may not be unreasonably withheld by SeHer. If SeHer denies Buyer permission and/or access to cor- 337 reet the defects, Buyer may, within ~ DAYS of Seller's denial, tenninate this Agreement by written notice to Seller, with all 33f! deposit monies retumed to Buyer according to the tenns of paragraph 30 of this Agreement HOME WARRANTIES (9-05) At or before settlement, either party may have the opportunity to purchase a home warranty for the Property from a third-party vendor. Buyer and Seller understand that a home warranty for the Property does not alter any disclosure requirements of Seller, will not cover or warrant any pre- existing defects of the Property, and wm not alter, waive or extend any provisions of this Agreement regarding inspections or certifications that $4:) Buyer has elected or waived as part of this Agreement. Buyer and Seller understand that the licensee, broker or mortgage lender who orders the 344 home warranty may possibly receive a fee paid by the home warranty company. ZONING CLASSIFICATION & VERIFICATION OF USE CONTINGENCY (9-05) (A) Failure of this Agreement to contain the zoning classification (except in cases where the p:ropelty {and each parcel thereof, if subdividable} is 347 zoned solely or primarily to permit single-family dwellings) will render this Agreement voidable at Buyer's option, and, if voided, any deposits tendered. by the Buyer wil be retumed1t? he Buyer without any requilcmen fo~co rt action. L _ Zoning Classification:" (1.... (../ V vI../- tL I tf ~ I .I' ~ Vl (B) Contingency Period: _ ays (7 ifnot specified) from the Execution Date of this Agn~ement. Within the Contingency Period, Buyer, at Buyer's expense, may verify that the present use ( of the Property is pemlitted. In the event the present use is not pennitted, Buyer \-"iII, within the Contingency Period, give Seller written notice that the present use of the Property is not pennitted and that Buyer will: I. Accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, OR 2. Temlinate this Agreement by written notice to Seller, with all deposit monies retumed to Buyer according to the tenns of paragraph 30 of this Agreement. If Buyer fails to respond \-l-'ithin the Contingency Period or does not terminate this Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement. NOTICES, ASSESSMENTS & CERTIFICATES OF OCCUPANCY (9-05) (A) Seller represents, as of the date Seller signed this Agreement, that no public improvement, condominium or homeowner association assessments have been made against the Propelty which remain unpaid, and that no notice by any govel11ment or public authority has been served upon Seller or anyone on Seller's behalf, including notices relating to violations of zoning, housing, building, safety or fire ordinances that remain uncor- rected, and that Seller knows of no condition that would constitute a violation of a11Y su~h ordinances that remain uncorrected, unless otherwise specified here: (B) Seller knows of no other potential notices (including violations) and/or assessments except as follows: ){is 3i.lb ~J ? ;PJ!J 309 :111) .111 ,Wl 313 'J!4 315 310 .311 31' 319 no 321 372 :J23 324 325 327 329 330 311 332 333 3~~4 :ns l39 16. 340 :l11 342 345 17. ,3<16 348 319 350 JLi! :,152 35:1 31.54 3)5 355 ;157 :lS8 359 18. :mo 361 362 363 364 365 366 367 Bnyer Initial'S- r;-- P Seller In'~' AiS-R Page 6 of 10 m\l, I_EAD WARNING STATEMENT (FOR PROPERTIES BUILl BEFORE 1978) (Paragraph 33: Residential Lead-Based Paint Hazard Reduction Act Notice) Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase. INFORMATION REGARDING THE REAL ESTATE SELLER DlSCLOSU (Page 10: Signature Page) The Real Estate Seller Disclosure Law requires that before an agreement of sale is signed, the certain disc10sures regarding the property to potential buyers in a form defined b exchange, installment sales contract, lease with an option to buy, grant or ot ONE AND NOT MORE THAN FOUR RESIDENTIAL DWELLING V I. 2. 3. 4. 5. 6. Transfers that are the result of a court 0 Transfers to a mortgage lender t Transfers from a co-owner to 0 Transfers made to a Transfers be Transfers by a liq. n. Tra oreclosure sales that result from default. e, legal s tion or property settUement. sociation to its shareholders. partners or other equity owners as part of a plan of e administration of a decedent estate, guardianship, conservatorship or trust. on that has never been occupied when: has received a one-year warranty covering the construction; ding has been inspected for compliance with the applicable building code or, if none, a nationally recognized model building code; and A certificate of occupancy or a certificate of code comphance has been issued for the dwelling. In addition to these exceptions, disclosures for condominiums and cooperatives are limited to the seller's particular unit(s). Disclosures regarding common areas or facilities are not required, as those elements aTe already addressed in the laws that govern the resale of condominium and coop- erative interests. Back of Page 6 '" 370 371 371 373 JJ4 TiS 378 :m . (C) In the event any notices (including violations) and/or assessments are received after SeJ1.~r has ,t;igned this Agreement and before settlement, Seller will provide a copy of the notices and/or assessments to Buyer and will notify Buyer in writing within ~ DAYS of receiving the notices and/or assessments that Seller will: 1. Fully comply with the notices andlor assessments at Seller's expense before settlement. If Seller fully complies with the notices and/or assessments, Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreement. OR 2. Not comply with the notices and/or assessments. If Seller chooses not to comply with the notices and/or assessments, or fails within the 37.J time given to notify Buyer whether Seller will comply, Buyer will notify Seller in writing within.......L DAYS that Buyer will: a. Comply with the notices and/or assessments at Buyer's expense, accept the Propet1y, and agree to the RELEASE in paragraph 27 of 376 this Agreement, OR b. Tenninate this Agreement by written notice to Seller, with all deposit monies retumed to Buyer according to the tenns of paragraph 31B 30 of this Agreement. If Buyer fails to respond within the time stated in paragraph 18 (C) (2) or fails to terminate this Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement. (D) lfrequired by law, within -2L DAYS from the Execution Date of this Agreement, but in no case later than 15 days prior to settlement, Seller will order at Seller's expense a certification from the appropriate municipal department(s) disclosing notice ofany uncorrected violations ofzon- 31.1.1 ing, housing, building, safety or fire ordinances and/or a certificate permitting occupancy of the Property. If Buyer receives a notice of any ~f:lll required repairs/improvements, Buyer will promptly deliver a copy of the notice to Seller. 80S 1. Within .......L DAYS of receiving notice from the municipality that repairs/improvements are required, Seller will notify Buyer in writ- 386 ing that Seller will: 387 a. Make the required repairs/improvements to the satisfaction of the municipality. If Seller makes the required repairs/improvements, Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreement. OR b. Not make the required repairs/improvements. If Seller chooses not to make the required repairslimprovements, Buyer will notify 390 Seller in writing within.......L DAYS that Buyer will: (l) Make the repairs/improvements at Buyer's expense, with penllission and access to the Property given by Seller, which will not be unreasonably withheld, OR (2) Terminate this Agreement by written notice to Seller, with all deposit monies retumed to Buyer according to the terms of para~ 89<1 graph 30 of this Agreement. If Buyer fails to respond within the time stated in paragraph 18 (D) (1) (b) or fails to terminate this Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, and Buyer accepts the responsibility to perform the repairs/improvements according to the terms of the notice provided by the municipality. 2. If Seller denies Buyer permission to make the required repairs/improvements, or does not provide Buyer access before settlement to make the required repairs/improvements, Buyer may, within ~ DAYS, terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of this Agreement. 3. If repairs/improvements are required and Seller fails to provide a copy of the notice to Buyer as required in paragraph 18 (D), Seller will perform all repairs/improvements as required by the notice at Seller's expense. Paragraph 18 (D) (3) will survive settlement. (E) Access to a public road may require issuance ofa highway occupancy permit from the Department of Transportation. 19. TITLE, SURVEYS & COSTS (9-05) (A) The Propelty will be conveyed with good and marketable title as is insurable by a reputable title insurance company at the regular rates, free and clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the following: existing deed restrictions; histo\ic preservation restrictions or ordillances; building restrictions; ordinances; easements of roads; easements visible upon the ground; casements of record; and privileges or rights of public service companies, if any. (B) Buyer wili pay for the following: (1) Title search, title insmance and/or mechanics' lien insurance, or any fee for cancellation; (2) Flood insurance, fire insurance with extended coverage, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees and charges paid in advance to mortgage lender(s); (4) Buyer's customary settlement costs and accruals. (C) Any surveyor surveys required by the title insurance company or the abstracting attorney for preparing an adequate legal description of the 413 Property (or the correction thereof) will be obtained and paid for by Seller. Any surveyor surveys desired by Buyer or required by the mortgage 414 lender will be obtained and paid for by Buyer. (D) If Seller is unable to give a good and marketable title and such as is insurable by a reputable title insurance company at the regular rates, as specified in paragraph 19 (A), Buyer will: I, Accept the Property with such title as Seller can give, with no change to the purchase price, and agree to the RELEASE in paragraph 27 of this Agreement, OR 2. Tenninate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of this Agreement. Upon termination, Seller will reimburse Buyer for any costs incurred by Buyer for any inspections or certifications obtained according to the terms of this Agreement, and for those items specified in paragraph 19 (B) items (I), (2), (3) and in paragraph 19 (C). (E) The Property is not a "recreational cabin" as defined in the Pennsylvania Construction Code Act unless otherwise stated here (see Infonnation Regarding Recreational Cabins): 20. CONDOMINIUM/PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) RESALE NOTICE (9-05) o NOT APPLICABLE D APPLICABLE: CONDOMINIUM. The Property is a unit ofa condominium that is Plimarily run by a unit owners' association. S3407 of the Uniform Condominium Act of Pennsylvania (see Information Regarding Condominiums and Planned Communities) requires Seller to furnish 4211 Buyer with a Certificate of Resale and copies oftbe condominium declaration (other than plats and plans), the bylaws and the rules and regula- 429 tions of the association. o APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOCIATION). The Property is pm1 of a planned community as defined by the Unifonll Planned Community Act (see Infonnation Regarding Condominiums and Planned Communities). s5407(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 Celiificate containing the provisions set forth in s5407(a) of the Act. Buyer IUitial,8 ' LQ A/S-R Page 7 of 10 :liS 379 3Sl) ~81 382 3B3 384 3'5 386 3il7 :laR 389 390 391 892 393 3':14 ]9'; 39fi 397 39B 399 40(1 41)1 402 403 404 405 406 <107 ~08 409 410 411 ,112 413 414 415 416 ill] 418 419 420 421 422 423 424 425 126 427 428 429 430 431 432 433 434 435 seller~ 369 :liD 37! :'172 373 :mi 3'i7 :)/!) 380 381 3112 3M 389 391 392 393 395 396 3?l 3gB 399 4DO 401 ,102 dQ3 404 405 4[\(\ 401 'OR flua <1" 411 1.\1;J 41(; 4H! 417 ,118 419 420 421 422 423 424 425 426 427 4;,{) 431 432 433 434 435 INFORMATION REGARDING MEDIATION (Paragraph 32: Mediation) DiSPUTE RESOLUTION SYSTEM RULES AND PROCEDURES I. Agreement of Parties The Rules and Procedures of the Dispute Resolution System (DRS) apply when the parties have agreed in writing to mediate under DRS. The written agreement can be achieved by a standard clause in an agreement of sale, an addendum to an agreement of sale, or through a sep~ arate written agreement. 2. Initiation of Mediation If a dispute exists, any party may start the mediation process by submitting a completed Request to Initiate Mediation DRS Transmittal Fann (Transmittal Fann) to the local Association of REALTORS1') (hereafter "Administrator"). The Transmittal Form should be available through the Administrator's office. The initiating party should try to include the following information when sending the completed Transmittal Fonn to the Administrator: a. A copy of the written agreement to mediate if there is onc, OR a request by the initiating party to have the Administrator contact the other par~ ties to the dispute to invite them to join the mediation process. b. The names, addresses and telephone numbers of the parties involved in the dispute, including the name of every insurance company known to have received notice of the dispute or claim and the corresponding file or claim number. c. A brief statement of the facts of tile dispute and the damages or relief sought. 3. Selection of Mediator Within five days of receiving the completed Transmittal Fonn, the Administrator will send each party to the dispute a copy orthe Transmittal Form and a list of qualified mediators and their fee schedules. Each party then has ten days to review the list of mediators, cross off the 113111e of any mediator to whom the party objects, and return the list to the Administrator. The Administrator will appoint the first available mediator who is accept~ able to all parties involved. A mediator who has any financial or personal interest in the dispute or the results of the mediation cannot serve ties are informed and give their written consent. . unless all par~ 4. Mediation Fees Mediation fees will be divided equally among the parties and will be paid befor payment terms contained in the mediator's fee schedule. will follow the 5. Time and Place of Mediation Conference Within ten days of being appointed t and place of the mediation conference. The mediator must give at least t more than sixty days from the mediator's appointment to the dis e parties and set the date. time ediation conference should not be 6. Conduct of Mediation Conference The parties attel a. Have the authority to enter into and sl b. Produce all information required ah, descriptions of witnes tion before the date oft! n ut s of the dispute. The information may include relevant written materi~ iatar can require the parties to deliver written materials and informa- b. t negotiation. lspute and reach a mutually agreeable solution. on, to bind the parties to llis or her decision, or to force the parties to reach a settlement. c. 7. nse) Any party who intends to be accompanied to the mediation conference by legal counsel \-vill notify the mediator and the t at least ten days before the conference. 8. Confidentiality No aspect of the mediation can be relied upon or introduced as evidence in any arbitration, judicial or other proceeding. This includes, but is not limited to, any opinions or suggestions made by any party regarding a possible settlement; any admissions made during the course of the medi- ation; any proposals or opinions expressed by the mediator; and any responses given by any party to opinions, suggestions. or proposals. No privilege will he affected by disclosures made in the course of the mediation. Transcripts or recordings of the mediation will not be allowed without the prior, written consent of all parties and the mediator. Records, reports, and other documents received or prepared by the mediator or Administrator cannot be compelled by an arbitration, judicial, or other pro- ceeding, with the exception of an agreement that was reached in the course of mediation and signed by all the parties. Neither the mediator nor the Administrator can be compeIIed to testify in any proceeding regarding information given or representations made either in the course of the mediation or in any confidential communication. 9. Mediated Settlement When a dispute is resolved through mediation, the mediator will put the complete agreement in writlng and all parties wi\l sign the written agreement withln ten days of the conclusion of the mediation conference. Every reasonable effort will be made to sign the written agreement at the end of the conference. 10. Judicial Proceedings and Immunity NEITHER THE ADMINISTRATOR, THE MEDIATOR, THE NATIONAL ASSOCIATION OF REALTORSiID. THE PENNSYLVANIA ASSOCIATION OF REALTORS@, NOR ANY OF ITS MEMBER BOARDS, WILL BE DEEMED NECESSARY OR rNDlSPENSABLE PARTIES rN ANY JUDTCrAL PRO- CEEDlNGS RELATING TO MEDiATION UNDER THESE RULES AND PROCEDURES, NOR WILL ANY OF THEM SERVING UNDER THESE PROCEDURES BE LIABLE TO ANY PARTY FOR ANY ACT, ERROR OR OMISSION IN CONNECTION WITH ANY SERVICE OR THE OPERATION OF THE HOME S.ELLERsn-IOME BUYERS DISPUTE RESOLUTION SYSTEM. Back of Page 7 .<136 m 436 439 1\40 4:\1 !\<1? V'l ,1'11; ,]:1_1 <idS THE FOLLOWING APPLIES TO PROPERTIES THAT ARE PART OF A CONDOMINIUM OR A PLANNED COMMUNITY. (A) Within ~ DAYS from the Execution Date of this Agreement, Seller, >It Seller's expense, will request frolll the association a Certificate of Resale and any other documents necessary to enable Seller to comply with the relevant Act. The Act provides that the association is required to ;1:1;', provide these documents within 10 days of Seller's request. (B) Seller will promptly deliver to Buyer all documents received from the association. Under the Act, Seller is not liable to Buyer for the failure of .i'l; the association to provide the Certificate in a timely manner, nor is Seller liable to Buyer for any incorrect infom1'ation provided by the assocl- 4-11 ation in the Certificate. (C) The Act provides that Buyer may declare this Agreement VOID at any time befure Buyer receives the association documents and for 5 days after receipt, OR until settlement, whichever occurs first. Buyer's notice to Seller I11llst be in writing; upon Buyer declaring this Agreement void, all deposit monies win be retumed to Buyer according to the tenns of paragraph 3(} of this Agreement. (D) If the association bas the right to buy the Propelty (right of first refusal), and the association exercises that right, Seller will reimburse Buyer for any costs incuned by Buyer for any inspections or certifications obtained according to the tenns of the Agreement, and any costs incun'ed by Buyer for: (I) Title search, title insurance andlor mechanics' lien insurance, or any fee for cancellation; (2) Flood insurance and/or fire insurance with HB extended coverage, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees and charges paid in advance to mOltgage lender(s). MAINTENANCE & RISK OF LOSS (9-05) (A) Seller wilt maintain the Property, grounds, fixtures and personal propelty specifically listed in this Agreement in its present condition, normal ';~:i wear and tear excepted. (B) If any system or appliance included in the sale of the Property fails before settlement, Seller will: ]. Repair or replace the failed system or appliance before settlement, OR 2. Provide prompt written notice to Buyer of Seller's decision to: a. Credit Buyer at settlement for the fair market value of the failed system or appliance, as acceptable to the m0l1gage lender(s), ifany, OR b. Not repair or replace the failed system or appliance, and not credit Buyer at settlement for the fair market value of the failed system 4')7 or appliance. J. If Seller does not repair or replace the failed system Of appliance or agree to credit Buyer for its fair market value, or if Seller fails to noti- 459 fy Buyer of Seller's choice, Buyer will notify Seller in writing within ----2- DAYS or before settlement, whichever is earlier, that Buyer t;f;G will: J}! :\1" V) 1'1 inG !j~1 IL111 0'.1 150 ,15\ 21. ^~n ,E' '152 '1!1:1 '1&3 :1(},1 il!,1 4Ui 4h5 "Sf) 455 Hi 4GB 1C,Q 1GO 11!\1 tl"l2 4(;3 461\ 4&5 466 4% <161 (\\)]. 473 474 a. Accept the Propelty and agree to the RELEASE in paragraph 27 of this Agreement, OR b. Temlinate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 463 30 of this Agreement. (C) Seller bears the risk of loss from fire or other casualties until settlement. Ifany property included in this sale is destroyed and not replaced, Buyer will: oW) ]. Accept the Property in its then current condition together with the proceeds of any insurance recovery obtainable by Seller, OR 2. Teoninate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the tenns of paragraph 30 of Mil thlS Agreement. 22. COAL NOTICE (Where Applicable) THIS DOCUMENT MA.Y NOT SELL, CONVEY, TRANSFER, lNCLUDE OR TNSURE THE TiTLE TO THE COAL AND RIGHTS OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE CO/'l.1PLETE LEGAL RIGHT TO REMOVE ALL SUCH COAL AND IN lHAT CONNECTION, DAlv\AGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTIIER STRUCTURE ON OR IN SUCH LAND. (This 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 4/3 tight of pl'otection against subsidence resulting from coal mining operations, and that the property described herein may be protected from damage <174 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 475 of complying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966." Buyer agrees 47r, to sign the deed from Seller which deed will contain the aforesaid provision. 23. POSSESSION (9-05) (A) Possession is to be delivered by deed, keys and: 1. Physical possession to vacant Property free of debris, with all stnlctures broom-clean, at day and time of settlement, AND/OR 2. Assignment of any existing lease(s), together with any security deposits and interest, at day and time of settlement, if Property is leased at !j8j the execution of this Agreement, unless otherwise stated in this Agreement. (B) Buyer will acknowledge existing lease(s) by initialing the lease(s) at the execution of this Agreement, unless otherwise specified herein. (e) Seller will not euter into any new leases, extensions of existing leases or additional leases for the Property without the written consent of Buyer. .'Jlll 24. RECORDING (9-05) This Agreement will not be recorded in the Office of the Recorder of Deeds or in any other office or place of public record. If Buyer causes or penn its this Agreement to be recorded, Seller may elect to treat such act as a breach of tJlis Agreement. 25. ASSIGNMENT (9-05) This Agreement is binding upon the parties, their heirs, personal repre~:entatives, guardians and successors, and to the ex.tent 1[17 assignable, on the assigns of the parties hereto. Buyer will not transfer or assign this Agreement without the written consent of Seller unless other- wise stated in this Agreement. 26. GOVERNING LAW, VENUE & PERSONAL JURISDICTION (9-05) (A) The validity and construction of this Agreement, and the rights and duties of the parties, win be governed in accordance with the laws of the ,19\ Commonwealth of Pennsylvania. (0) Tbe parties agree that any dispute, controversy or claim arislng under or in connection with this Agreement or its perfonnance by either party 493 shall be decided exclusively by and in the state or federal courts sitting in the Commonwealth of Pennsylvania. 27. RELEASE (9-05) Buyer releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES and any OFFICER orWG PARTNER uf any one of them and any other PERSON, FIRM or CORPORATION whu may be Hable by or through them, from any and 497 all claims, losses or demands, including, but not limited to, personal injury and property damage and all ofthe consequences thereof, whether -198 known 01" not, which may arise from the presence of termites or other wood-boring insects, radon, Icad-based paint hazards, mold, fungi or indoor air quality, environmental hazards, any defects in the individual on-lot sewage disposal system or deficiencies in the on-site water serv- ~nf) ice system, or any defects ur conditions on the Property. Should Seller be in default under Ithe terms of this Agreement, or in violation of any (iOl seller disclosure law or re~' n, this release does not deprive Buyer of any right to pursue any remedies that mty available under law 50:! or equlty~ r~ sun/ 'e settlement. 503 R"',,'r rniti\ll<;i'~) ( A/~-R PMJe R of 10 Sener lniti : _ 'i1)1 4M liS',) ,167 ~m.i <166 469 470 1171 (HZ 4G!' 'llQ 471 ,l!2 4"15 4711 ,177 '17S 479 4110 '181 dg;1 4i!:.) ,184 4fl!) ,if!f) 4!!1 48ft 489 .190 491 ,171 '178 ,179 MI(l IHV 'W3 i\j),'j "33 ,1GB (,pn J90 '192 493 494 ,195 496 4117 4!Hl '190 SOO 501 502 )92 ,19-1 M)5 499 51",) un lior; \1" 'ji(i :1(; 51" 5!f] 51; 520 521 522 523 52'1 525 5?5 527 52,8 529 S:\\l 511 532 53.1 5:\4 5;;5 536 537 5~8 539 540 511 51!? ~;4 .3 5Xj 5,15 5:Jr; ),1/ 5'\S '1,1\) ';;:in 5'ii '35; 55): 55'1 5,SS SSG 'is: 5:'8 !;Si\ SF,! i)['; S~,~4 'iS5 it';!) ;&.' 59' 5(/~ 57() (;71 50S 28.. REPRESENTATIONS (9-05) (A) All representations, claims, adve11ising, promotional activities, brochures or plans of any kind made by Seller, Brokers, their licensees, employ- 5m; r,es, officers or partners me not a part of this Agreement unless expressly incorporated or stated in this Agreement. This Agreement contains the !;nl whole agreement between Seller and Buyer, and there are no other tenns, obligations, covenants, representations, statements or conditions, oral 50~ or otberwise, of any kind whatsoever conceming this sale. T11is Agreement will not be altered, amended, changed or modified except in writing ~nn executed by the parties. (8) Unless otherwise stated in tbis Agreement, Buyer has inspected the Property (including fixtures and any personal property specifically listed herein) before signing tbis Agreement or has waived the rigbt to do so, and agrees to purchase the Property IN ITS PRESENT <;p CONDITION, Buyer acknowledges that Brokers, their licensees, employees, officers or partners have not made an independent exam- f: U ination or determination of the structm'al soundness of the Property, the age or condition of the components, environmental conditions, S,H the permitted uses or of conditions existing in the locale where the Property is situated; nor have they made a mechanical inspection of 515 any of the systems contained therein, (C) Any repairs required by this Agreement will be completed in a workmanlike manner, (I)) Broker(s) have provided or may provide services to assist unrepresented pm1ies in complying with this Agreement. 29. DEFAUI:[ (9-05) (A) Seller has the option of retaining all sums paid by Buyer, including the deposit monies, should Buyer: I. Fail to make any additional payments as specified in paragraph 3, OR 521 2. FUl11ish false or incomplete infonnation to Seller, Broker(s), or any other party identified in \his Agreement concerning Buyer's legal or 5'2'l financial status, OR !i23 3. Violate or fail to fulfill and perform any other tenns or conditions of this Agreement. 524 (B) Unless otherwise checked in paragraph 29 (C), Seller may elect to retain those sums paid by Buyer, including deposit monies: 525 I. On account of purchase price, OR 516 2. As monies to be applied to Seller's damages, OR 3. ~s liquidated damages for such breach. (C) 1!3"'" SELLER IS LIMITED TO RETAINING SUMS PAID BY BUYER, INCLUDING DEPOSIT MONIES, AS LIQUIDATED DAMAGES. 529 (D) If Seller retains all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to paragraph 29 (B) or (C), Buyer and Seller 5:10 are released from further liability or obligation and this Agreement is VOID. 53! 30. TERMINATION & RETURN OF DEPOSITS (9-05) S32 (A) Where Buyer terminates this Agreement pursuant to any right granted by this Agreement, all deposit monies paid on account of purchase price 533 will be returned to Buyer and this Agreement will be VOID. The broker holding the deposit monies may only release the deposit monies accord- 534 ing to the tenns of a fully executed written agreement between Buyer and Seller and as pem-Jitted by the Rules and Regulations of the State Real 535 Estate COlIunissiol1. (B) If there is a dispute over entitlement to deposit tUonies, a broker is not legally pennitted to cletennine if a breach occurred or which party is el1ti- 537 tled to deposit monies. A broker holding the deposit monies is required by the Rules and Regulations of the State Real Estate Commission to 5'Jf\ retain the monies in escrow until the dispute is resolved. In the event of litigation over deposit monies, a broker will distribute the monies accord- :iN? ing to the tenns ofa final order of court or a written agreement of the parties. Buyerand S,eller agree that, ifany broker or affiliated licensee is 541) joined in litigation regarding deposit monies, the att01l1eys' fees and costs of the broker(s) and Iicensee(.'i) will be paid by the party joining them. 'i,j1 31. REAL ESTATE RECOVERY FUND (9-05) A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil jlJ_dgtTlent against a Pennsylvania real estate, licensee 5,'\3 owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been unable to collect the judgment after exhausting all legal r;H and equitable remedies. For complete details about the Fund, call (717) 783-3658 or (800) 822-2113 (within Pennsylvania) and (717) 783-4854 (out~ [>1" side Pennsylvania). 32. MEDIATION (9-05) (A) Unless otherwise checked in paragraph 32 (D), Buyer and Seller will submit all disputes or claims that arise from this Agreement to mediation !)ell' in accordance with the Rules and Procedures of the Home Selters/Home Buyers Dispute Resolution System. Any agreement reached through 5'\(< mediation and signed by the parties will be binding (see Infonnation Regarding Mediation). (B) Buyer and Seller have received, read, and understand the Rules and Procedures of the Home Sellers/Home Buyers Dispute Resolution System. ;;:;j (C) Any agreement to mediate disputes or claims arising from this Agreement will survive settlement. (D) 0 MEDIATION IS WAIVED. Buyer and Seller understand that they may choose to mediate at a later date should a dispute or claim arise, ;~l but that there will be no obligation for any party to do so. 33. RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT NOTICE (Required for properties built before 1978) (9-05) Lead-Based Paint Hazards Disclosure Requirements: The Residential Lead-Based Paint Hazard Reduction Act requires any seller of prop- ,;~f; erty built before 1978 to provide the buyer with an EPA~approved lead hazards information pamphlet titled Protect YOUI" Family pam Lead in }(wr ;1"" Home and to disclose to the buyer and the broker(s) the known presence of lead-based paint and/or lead-based paint hazards in or on tbe proper- "~,, ty being sold, along with the basis used for determining that the h'az'ards exist, the location of the hazards, and the condition of painted surfaces. Any seller of a pre-1978 structure must also provide the buyer with any records or reports available to the seller regarding lead-based paint and/or '::",'1 lead-based paint hazards in or about the property being sold, the common areas, or other reside',ntial dwel\ings in multi-family housing. Before a s\ buyer is obligated to purchase any bousing constructed prior to 1978, the Act requires the seller to give the buyer 10 days (unless buyer and sell- er agree ill writing to another time period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. The opp011unity to conduct a risk assessment or inspection may be waived by the buyer, in writing. Neither testing nor abatement is required of the seller. Housing built ill 1978 or later is not subject to the Act. 'i1[) 51(} 517 51~, 519 52\) 527 52B 5:)6 :l''l? 54!; liX; :;Sf) 5'jJ 554 ':?+ NOT APPLICABLE. Property was built in 1978 or later. 5fi,) o APPLlCABLE. Property was built before 1978. Broker must attach the Lead~Basled Paint Hazards Disclosure and Jnspection r.G, Contingency Addendum (PAR Form LPA) or another acceptable form with the information required by the Act, and provide Buyer r,{-'D the pamphlet Protect Your Familyfrom Lead in YOllr Home. Buyer(s) must initial below that they have received both documents: !;r;s ~__ Lead-Based Paint Hazards Disclosure and Inspection Contingency Addendum (attached as part of this Agreement). S',(I teet YOllr Fall1i~l'.f;vlll Lead in YO/lrllome 'in A/S-R Page 9 of 10 5i~ Buyel' Initials.: ~,"", ')1', G'If} BUYER'S MAILING ADDRESS: f !ill ' 12/1 /~~~ WITNESS ""'~ .. ' . 612 - DATE 513 WITNESS BUYER DATE 514 WITNESS BUYER DATE S73 :;'74 rii(:. !j7G !i77 E78 579 5110 581 5f,2 558 584 535 586 587 589 589 590 591 592 593 594 595 596 597 598 5<;\') 600 601 602 '03 0 60,1 0 ()G5 0 GnG 0 fiOl "'08 0 fiOD 34. .SPECIAL CLAUSF,S (1-02) 573 . (A) The following are part of this Agreement if checked: 574 o Sale & Settlement of Other Property 0 Settlement of Other Property Contingency Addendum (PAR Form SOP) 575 Contingency Addendum (PAR Form SSP) 0 Tenanl-Occupied Pr9perty,Addepdpn (PAR, Form TOP) 576 o Sale & Settlement of Other Property Contingency ~ $ f.t.. A JleA. en. e J c,ol<=1'.e-c..f Ct . 577 with Right to Continue Marketing 0 578 Addendum(PAR Fall' SSp.eM) 0 579 (8) { f' I 580 :leN- "I#i?n. COI'}. r/Jf (..( /cn 6<:1(1er ~t"l r "'J a. r c6/'d~ S4b J~vj~o pr""YJ1 S fll~J?1M-I- ;/( CC::C r w/ Yti "5' da% ef' bU/~ 0 bf<<~ '':'3 f h;J &'I"'r4.; ~ prDCe~ <L. ::: hlYlef, 'O!M@r Yo b~ -J.:;;~... I- C<.b<>v~ fn . 587 30 ~o.. ~ q-f'ler o.ccepf-a.". of o<gr6!'Jo? rl.1-- bc;'1..r- ;r( p>J J<?/.t~ ~'fC)6 "- me>\.,LA. un.fj / .s~ PMP'11 oc. ~rs. IJII fk m6>n~ ,..;; II btIL 590 cr; dried 0 /),<Z fq h.,~Q.. p" ,s~,.{& b~'r.r~; II-"" ::: . df/I;! ",(I h'f~:uJ41.y p4'jm'~Mi-$ ~; I( be. ref.ei a,j -Ie -f't.1t.. ::: / Se((er. 595 596 597 Buyer and Seller acknowledge receipt of a copy of this Agreement at the time of signing. 59B NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Parties to this transaction are advised to consult 599 an a.ttorney before signing jf they desire legal advice. 600 Return by facsimile transmission (FAX) of this Agreement, and any addenda and amendments, bearing the signatures of all parties, constitutes 501 acceptance by the parties. 1307 Buyer has received the Consumer Notice as adopted by the State Real Estate Commission ~lt 49 Pa. Code ~35.336. 60'1 Buyer has received a statement of Buyer's estimated closing costs befOl'e signing this Agreement. (':{H Buyer has read and understands the notices and explanatory information in this Agreement. 605 Buyer has received a Seller's Property Disclosure Statement before signing this Agreement., if required by law (see Information Regarding /.:,\If, the Real Estate Seller Disclosure Law). 60T Buyer has received the Deposit Money Notice (for cooperative sales when Broker for Seller is holding deposit money) before signing this bl\1l Agreement. 611? 'IG 611 612 Bl:1 fil1 515 Seller has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code ~35.336. 61i) Seller bas received a statement of Seller's estimated closing costs before signing this Agreement. 617 Seller has read and understands the notices and explanatory information in this Agreement. 615 5Hi 611 619 61B SELLER'S MAILING ADDRESS: 619 620 618 WITNESS ~; SEL'S./~. ~ 620 (jid, DATE SELLER DATE (i21 621 WITNESS 622 622 WITNESS SELLER DATE A/S-R Page 10 of 10 Revised 9/05 ADDENDUM TO STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE DATED JANUARY 6,2006 Seller and Buyer agree as follows: 1. Seller discloses to Buyer that David M. Eskin is a real estate agent and an appraiser licensed by the Commonwealth of Pem1sylvania. 2. In the event of any inconsistency between this Addendum and the Agreement for Sale, the terms and conditions of this Addendum shall control the rights and obligations of Seller and Buyer. 3. Buyer's obligation to purchase the property is conditioned upon Buyer obtaining, on or before October 31,2006, final and unappealable approval lIOln the Township of Monroe, Cumberland County, of a subdivision of the property containing nineteen (19) building lots for detached single family residences (to be sold as such and not as condominium units, townhomes, or under any legal regime of common ownership). It is understood that public sewer service is not, but may become, available to the property. The Agreement is not contingent in any way on the availability or unavailability of public sewers. Buyer's subdivision must be based on density standards for the existing zoning. Buyer, at Buyer's option, may modify this condition by applying for a subdivision containing fewer than nineteen (19) lots. Buyer may apply for approval of a subdivision containing more than nineteen (19) lots only if Buyer contemporaneously waives this condition in writing delivered to Seller. Buyer may not apply for any waiver, variance, special exception, conditional use, or other relief from applicable zoning or subdivision ordinances without Seller's written consent. Buyer shall file with the Township of Monroe a complete application for subdivision approval by March 15, 2006, and shall thereafter diligently and continuously pursue satisfaction of this condition. If this condition is not satisfied or waived by Buyer, or extended by mutual agreement of the parties, on or before October 31, 2006, then Seller may terminate this Agreement without further obligation of Seller to Buyer. If Buyer's subdivision plan is approved and recorded before October 26, 2006, then Buyer and Seller will close the sale and purchase within five (5) days following the day ofrecording. Notwithstanding this condition for subdivision approval, Seller shall convey the property to Buyer as a single tract ofland described by the legal description contained in the deed to Seller recorded in Cumberland County Deed Book 134, Page 880. In addition to the matters specified in paragraph 19 of the Agreement, Seller will convey the property to Buyer subject to all matters of record which are not liens, and all matters which are visible on the property or discoverable from a current and accurate survey of the property. 4. Commencing February 1, 2006,and continuing on the first day of each month thereafter until closing of the purchase and sale or tennination of the Agreement for sale, Buyer shall pay the monthly sum of nine hundred dollars ($900.00) to Seller by check made payable to Seller's mortgagee, Orrstown Bank, and delivered to David M. Eskin. If Buyer completes purchase of the property, all such monthly payments shall be credited against the purchase price. If Buyer does not purchase the property and the Agreement is terminated for any reason, including failure of any condition provided in the Agreement or this Addendum, Seller shall retain all such monthly payments. 5. The offer made by Buyer in the Agreement and this Addendum shall remain open and shall not be withdrawn by Buyer through January 31, 2006, and may be accepted by Seller by delivery to Buyer of a signed counterpmi of the Agreement and this Addendum at any time on or before January 31,2006. ~ l. DATE_//O& DATE d!~. C. /~ SELLE SELLER DATE ." -'1'$- . OCl"".~''''''''''~ ~- ~ ~ \ ~ g .~~ ~~ ,,~ ~ ~. fllCll :+ p\ -=C:\ ~ ~CIl . ~l 0 g. }. ~ 0 . ,. ~u 0 "'" % U1 iI" o 0 0" i6 ru "", ~\:l~ " --:l 0 -o,"~ , ~ < ~~ . ~ .. lA f", :!: - "- -oS )> ., w 0 !1. ) ,. % U-J . :4~o .... ~." U-J ~ 0 ~ .... (') Q:l r- IP - ., U1 U-J ~ , (t -'I- ~ .., IP n.J IP r- r- --:l ~ ~ ~ ;;, 0- -~ (J1 N ~ ...." -~';;. ~ JHN-ll-dUUb d~;~j LU1'1I'1t:'.~Lt:'. MH"~Y, r .I!:J~,' ~-'L Commerce _Bank.. January II, 2006 Re: Dan Piscioneri and Jim Ridd To Whom It May Concern: Dan Piscioneri is a highly valued customer of Commerce Banlc He has been a customer in excess of 15 years and currently has loans aggregating a "mc~dium" 7 figure, and deposits, personally and through his related companies, of a "moderate" 7 figure. He has significant investment real estate holdings and is experienced in real estate development through a project he and Jim Ridd developed known as Wyndham Manor in Swatara Township, Dauphin County. The Bank has pre-approved financing for the purchase of a 46 acre tract ofJand in Monroe Township should Mr. Piscioneri decide to finance the tract in lieu of a cash purchase. Jim Ridd has extensive real estate experience through his empl'Jyment with Commerce Bank as the former Director of Real Estate Lending and now as Chief Credit Officer of the Bank. If! ean be of further assistance, please do not hesitate to call me. Commerce Bank I Harrisburg, N.A. P.O. Box 8599 100 Senate Avenue Camp Hill, Pennsylvania 17001-8599 James, Smith, Dietterick & Connelly, LLP Matthew Chabal, III, Esquire Pa. Attorney I.D. No. 49926 mc@jsdc.com Thomas J. Car, Esquire Pa. Attorney I.D. No. 307100 tjc@jsdc.com 134 Sipe Avenue Hummelstown, PA 17036 Phone: (717) 533-3280 Fax: (717) 533-2795 Attorneys for Plaintiff DAVID M. ESKIN, Plaintiff V. GLENN R. DAVIS, Defendant =-t f?' ,-OPOTHONOTAk,, 2,912 JUL 26 PM 2: 19 ` CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-240 : CIVIL ACTION - EQUITY (PARTITION) PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark this case settled, discontinued and ended, with prejudice. Respectfully Submitted, Matthew Chabal, III, Esquire Pa. Attorney I.D. #49926 Thomas J. Car, Esquire Pa. Attorney I.D. #307100 James Smith Dietterick & Connelly LLP Mailing Address: P.O. Box 650 Hershey, PA 17033 Overnight Courier: 134 Sipe Avenue Hummelstown, PA 17036 Phone: (717) 533-3280 Attorneys for Plaintiff r CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing document upon the following individual by hand delivery at Hershey, Dauphin County, Pennsylvania this 25th day of July, 2012. Glenn R. Davis, Esquire Latsha Davis & McKenna, P.C. 1700 Bent Creek Boulevard, Suite 140 Mechanicsburg, PA 17050 Matthew Chabal, III, Esquire 2