Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
13-6421
COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM Cumberland MAGISTERIAL DISTRICT JUDGE // � / JUDDGMENT COMMON PLEAS No.I3 (O %0,91 0 1( , )1z NOTICE OF APPEAL - -- W/77 Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. NO. NAME OF MDJ ornella russo mdj -09 -3.04 honorable Paula P.Correal ADDRESS OF APPELLANT CITY STATE ZIP CODE 505 chestnut groove rd Dillsburg Pa 17019 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' 10/14/2013 Brian Scott Walton Jennifer Kat WaltB,s Ornella Russo DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT m j- 09304 -cv- 0000280 -2013 ryl This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Brian Scott Walton Jennifer Kat Walton appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. 1 3 D Ct# le( � I ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. M Signature of appellant or attorney or agent RULE: To Brian Scott Walton Jennifer Kat Walton appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 1013 20 13 a ,... Af nature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/i l'$bk�IPY Fdi 1�A� WITH THIS NOTICE OF APPEAL. S P :e Wd I Clio C I az */° 3 .sZVed AOPC 312 -05 edb4 i.�i3� COMMONWEALTH OF PENNSYLVANIA Notice Of Judgment/Transcript Civil COUNTY OF CUMBERLAND & R-6 Case Mag. Dist. No: MDJ- 09 -3 -04 Brian Scott Walton, Jennifer Kat Walton MDJ Name: Honorable Paula P. Correal V Address: 5275 East Trindle Road Ornella Russo Suite 110 Mechanicsburg, PA 17050 Telephone: 717-697-2201 Ornella Russo Docket No: MJ- 09304 -CV- 0000280 -2013 26 South Baltimore Street Case Filed: 8/12/2013 Dillsburg, PA 17019 Disposition Summary (c'c' cross complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09304 -CV- 0000280 -2013 Brian Scott Walton Ornella Russo Default Judgment for Plaintiff 10/14/2013 MJ- 09304 -CV- 0000280 -2013 Jennifer Kat Walton Ornella Russo Default Judgment for Plaintiff 10/14/2013 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Brian Scott Walton $0.00 $0.00 80.00 Jennifer Kat Walton $0.00 $0.00 $0.00 Ornella Russo $2,126.17 $0.00 $2,126.17 Judgment Finding ("PostJudgment) In the matter of Brian Scott Walton; Jennifer Kat Walton vs. Ornella Russo on 10/14/2013 the judgment was awarded as follows: Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $2,000.00 $0.00 $2,000.00 Filing Fees $89.00 $0.00 $89.00 Server Fees $32.17 $0.00 $32.17 Costs $5.00 $0.00 $5.00 Grand Total: $2,126.17 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY /CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT /TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date Senior Magisterial District Judge Paula P. Correal certify that this is a true and correct copy of the record of the proceedings containing the judgment.' J Date Magisterial District Judge I MDJS 315 Page 1 of 2 Printed: 0/14/2013 10:29:41AM Brian Scott Walton, Jennifer Kat Walton Docket No.: MJ- 09304 -CV- 0000280 -2013 v. Ornella Russo _ Participant List Plaintiff(s) Brian Scott Walton 221 Dunbar Drive Mechanicsburg, PA 17050 Jennifer Kat Walton 221 Dunbar Drive - Mechanicsburg, PA 17050 Defendants) Ornella Russo 26 South Baltimore Street Dillsburg, PA 17019 i MDJS 315 Page 2 of 2 Prinked: 10114/2013 1029.41 FPM .A U.S. Postal Service,, CERTIFIED MAILTr., RECEIPT a" (Domestic Mail Only;No Insurance Coverage Provided) m p For delivery information visit our website at www usps comp Lrl m, i ^ M. M c.a I L U`OF F CP m .. ;,,3 w.: T}{'' `;��tio 1 HONO✓Tr'-t 4 , -.El Postage $ tr- Certified Fee ,, 'p � �)R G 2°13 NOV _� 2:V Postma . Return Receipt Fee mod/ Here a CUMBERLAND COUNT Y C3 (Endorsement Required) ° � 3 PENNSYLVANIA Restricted Delivery Fee p (Endorsement Required) —D Total Postage&Fees $ m LSPS Sent To r-R p Street,Apt.No.; N or PO Box No. City,State,ZIP+4 PS Form 3800.August 2006 See Reverse for Instructions APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN(10)DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNS LVANI COUNTY OF C�A(V\�ex,O f ;ss AFFIDAVIT: I hereby(swear)(affirm)that I served • 642.1 a copy of the Notice of Appeal,Common Pleas No. G 3- ,upon the Magisterial District Judge designated therein on (date of service) f I/o(,20 13 , ❑ by personal service by(certified)(registered)mail, sender's receipt attached hereto,and upon the appellee, (name) ,on It,I,20 (1) ❑by personal serviceD -.1/46 (certified)(registered)mail, sender's receipt attached hereto. (� (SWORN)(AFFIRMED)AND SUBSCRIBED BEFORE ME THIS /p DAY OF'Wet) ,20 /3 1. Oahe '- 05U\ Signature official before whom affidavit was made Signature of affiant Prothonotary,Cumberland County,Carlisle,PA MyComndssion Expires the First Monday.of Jan.2014 U.S. Postal Service,., (gi CERTIFIED MAILT,, RECEIPT ru Title of official rl.t (Domestic Mail Only;No Insurance Coverage Provided) �/ cm For delivery information visit our website at www.usps.com5 My commission expires on �/20// r a ,r,e m . r f:;-':,t L a Er E Postage $ s$U R G ra Certified Fee MEI`,V iiy Return Receipt Fee Postmark 0 (Endorsement Required) Here O p , ;,, v Restricted Delivery Fee p (Endorsement Required) " Total Postage&Fees $ -` %` S-° ;3 m Sent To a p Street,Apt.No.; • N or PO Box No. City,State,ZIP+4 AOPC 312A-05 PS Form 3800.August 2006 See Reverse for Instructions Supreme Cou aitTennsylvania Q's Cou o#'<Commo� �`P1eas For Prothonotary Use Only: C.0:il CoveriShe 't Docket No 'S' I CUMBERL'A O fir` C(J'7' I>p .-\--,,,,,. z, ,,. County /3- I The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: DI Complaint X Writ of Summons X Petition S a Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: BRIAN SCOTT WALTON ORNELLA RUSSO T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? 0 Yes 0 No (check one) If outside arbitration limits O N Is this a Class Action Suit? 0 Yes el No Is this an MDJ Appeal? 0 Yes * No A. Name of Plaintiff/Appellant's Attorney: Cil Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your • PRIMARY CASE.'If you are making more than one type of claim,check the one that you consider most important .r. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS XI Intentional II Buyer Plaintiff Administrative Agencies II Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment O Motor Vehicle 0 Debt collection:Other 0 Board of Elections *J Nuisance Dept.of Transportation I Premises Liability LI Statutory Appeal:Other S I Product Liability(does not include * Employment Dispute: E mass tort) Discrimination 0 Slander/Libel/Defamation Other: C � Other: Employment Dispute:Other 0 Zoning Board T, 0 Other: I N Other: O MASS TORT (��w+. EST,'c co?Jt4At-c 0 Asbestos N m Tobacco III Toxic Tort-DES O Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS X Toxic Waste 0 Ejectment X Common Law/Statutory Arbitration ® Other: B I Eminent Domain/Condemnation * Declaratory Judgment II Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute 0 Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto II Dental 0 Partition 0 Replevin O Legal 0 Quiet Title X Other: O Medical 0 Other: O Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA BRIAN SCOTT WALTON and NO. 1316)421,, JENNIFER KATE WALTON, • Civil Acti Plaintiffs x -cm ti)r — vs. ...<> �.. ORNELLA RUSSO, c0 Defendant v = c9 n tT 4 • NOTICE TO DEFEND 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 AN 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 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 REDUECED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 1-800-990-9108 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA BRIAN SCOTT WALTON and NO. 13-6,421 _ JENNIFER KATE WALTON, Civil Action Plaintiffs • vs. • ORNELLA RUSSO, Defendant .• COMPLAINT AND NOW, comes Brian Scott Walton and Jennifer Kate Walton who aver as follows: 1. Plaintiffs,Brian Scott Walton and Jennifer Kate Walton, are individuals with the principal place of residence located at 221 Dunbar Drive,Mechanicsburg, Pennsylvania, 17050. 2. Defendant, Ornella Russo is an individual with a principal place of residence located at 505 Chestnut Grove Road, Dillsburg, Pennsylvania, 17019. 3. On or about April 1,2013,Defendant signed a Standard Agreement for the Sale of Real Estate(hereinafter `Agreement')for the purchase of 124 Summer Lane,Mechanicsburg, Pennsylvania(hereinafter `Property')a townhouse the Plaintiffs were selling. A true and correct copy of the Agreement is attached as"Exhibit 1"and is hereby incorporated by reference. 4. The Agreement established a settlement date of May 29, 2013 and required a deposit of $2,000. 5. The Agreement also included a Mortgage Loan Commitment Letter. 6. Settlement did not occur on May 29,2013 per Agreement and Defendant did not purchase the property. 7. On or about May 29, 3013, Plaintiffs signed and sent a Notice of Termination of VERIFICATION We verify that the statements made in this Complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relatin• to unswo falsification to authorities. A . r / Nov If 20/3 an Scott W.Non, Plaintiff Date .1 ks1.— A A fruav043 er Kate Walton, Plaintiff Date • STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE ASR rms form xecammeuded ana approvedtbr,but=r etedto taeby,themembasofthePamsylvanieAssocialial ofREALTORS®(PAR./ PARTIES _ BUYER(S):Oraella Russo SELLER(S): Brian & Jennifer Walton • BUYER'S MAILING ADDRESS: SELLER'S MAILING ADDRESS: • • PROPERTY PROPERTY ADDRESS 124 Sumner Ln Me •ha++4 c=burq, PA ZIP 17050 - in the municipality of Silver Spring ,County of Cumberland , in the School District of Cumberland Valley ,in the Commonwealth ofFelmsylvania. Identification(e.g.,Tax ID#;Parcel If;Lot,BloclS Deed Boots Page,Recording Date): BUYER'S RELATIONSHIP WITH PA LICENSED BROKER - CI No Business Relationship(Buyer is not represented by a broker) Broker(Company)Re/Max let Advantage Licensee(s)(Name)Senada Mavric Company Address 6375 Nercary Dr, Macb.anicsburer, Pa Direct Phone(s) (.717)805-6557 17050 Cell Phone(s) Company Phone (717)591-5555 Fax Company Fax (717)591-7273 EmaI7 SenadaZi@verizon.net Broker is: Licensee(s)is: ®Buyer Agent(Broker represents Buyer only) ❑Buyer Agent with Designated Agency ❑Dual Agent(See Dual and/or Designated Agent box below) ®Buyer Agent without Designated Agency .❑Dual Agent(See Dual and/or Designated Agent box below) 0 Transaction Licensee(Broker and Licensee(s)provide real estate services but do not represent Buyer) SELLER'S RELATIONSHIP WITH PA LICENSED BROKER 0 No Business Relationship(Seller is not represented by a broker) Broker(Company) Coldwell Banker Homestead GRP Licensee(s)(Name)Leslie St. John and Jim Wise Company Address 4075 Martcet st camp Hill, Pa 17011 Direct Phone(s) (717)599-9441 Cell Phone(s) Company Phone (717)763-7500 Fax Company Fax Email lesli eastjobn@gmail.cam • Broker is: Licensee(s)is ®Seller Agent(Broker represents Seller only) ❑Seller Agent with Designated Agency O Dual Agent(See Dual and/or Designated Agent box below) EtJ Seller Agent without Designated Agency ❑Dual Agent(See Dual and/or Designated Agent box below) O Transaction Licensee(Broker and Licensee(s)provide real estate services but do not represent Selle) DUAL AND/OR DESIGNATED AGENCY ABroker is a Dual Agent when aBroker represents both Buyer and Seller in the same transaction.ALicensee is aDual Agent when aLicensee represents Buyer and Seller in the same transaction.AII of Broker's licensees are also Dual Agents UNLESS there are separate Designated Agents for Buyer and Seller.Iftbe same Licensee is designated for Buyer and Seller,the Licensee is aDual Agent By signing this Agreement Buyer and Seller each aclmowledge having been previously informed of;and consented to,dual agency,if applicable. Buyer ASR Pagel ofll Seller Initials-X. / Pennsylvania Association of REALTORS' Revised 1112 CO G'r g .VAIOAASSOCIATION OF TORSI 2012 I/10 PX/55A7CSmcAdvanage-PA 6375MetanyDrMacbempymg,PA17050 now(717)805.6557 Far 717541-7272 12t Stamm La Smsd,Mavac Ptoduce:WeizipF meby71p1.Oga1H07oFreen M1eRoad,Fraser,Mlthgan48026 mteri0Let .mm 1 1. By this Agreement, dated March 29, 2013 • ' 2 Seller hereby agrees to sell and convey to Buyer,who agrees to purchase,the Identified Property. 3 2. PURCHASE PRICE AND DEPOSITS(1-10) 4 (A) Purchase Price$'-S il:4W a 9 Q ^ le' • I 5 ( Two Hvadred 6 a• y A & — - 4 /U.S.Dollars),to be paid by Buyer as'lollows: 7 1. Deposit at signing ofthis Agreement $ 8 2. Deposit within 1 days of the Execution Date drills Agreement $ 2,000.00 9 3. $ 10 4. Remaining balance will be paid at settlement 11 (B) All funds paid by Buyer,including deposits,will be paid by check,cashier's check or wired funds.All funds paid by Buyer 12 within 30 DAYS of settlement,including funds paid at settlement will be by cashier's check or wired funds,but not by per- 13 sonal check. 14 (C) Deposits,regardless of the form of payment and the person designated as payee,will be paid in U.S.Dollars to Broker for Seller 15 (unless otherwise stated hem: ), 16 who will retain deposits in an escrow account in conformity with all applicable laws and regulations until won or ter- 17 urination of this Agreement.Only real estate brokers are required to hold deposits in accordance with the roles and regulations of 18 the State Real Estate Commission..Checks tendered as deposit monies may be held encashed pending the execution of this 19 Agreement 20 3. SELLER ASST(If Applicable)(1-10) 21 Seller will pay$9,000.00 or %ofPurchase Price(0 if not specified)toward 22 Buyer's costs, as permitted by the mortgage lender, if any. Seller is only obligated to pay up to the amount or percentage which is 23 approved by mortgage lender. 24 4. SETTLEMENT AND POSSESSION(1-10) 25 (A) Settlement Date is May 29, 2013 ,or before ifBuyer and Seller agree. 26 (B) Settlement will occur in the comity where the Property is located or in an adjacent county, during normal business hours, unless 27 Buyer and Seller agree otherwise. 28 (C) At time of settlement, the following will be pro-rated on a daily basis between Buyer and Seller, reimbursing where applicable: 29 current taxes (see Notice Regarding Real Estate Taxes); rents; interest on mortgage assumptions; condominium fees_and home- 30 owner association fer: water and/or sewer fees,together with any other lienable municipal service fees. All charges will be pro- 31 rated for the period(s)covered. Seller will pay up to and including the date of settlement and Buyer will pay for all days follow- 32 ing settlement unless otherwise stated here: 33 34 (D) Conveyance from Seller will be by fee simple deed of special warranty unless otherwise stated here: 35 36 (E) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here: 37 - 38 (F) Possession is to be delivered by deed,existing keys and physical possession to a vacant Property free of debris,with all structures 39 broom-clean,at day and time of settlement;unless Seller;before signing this Agreement,has identified in writing that the Property 40 is subject to a lease. 41 (G) If Seller has identified in writing that the Property is subject to a lease,possession is to be delivered by deed, existing keys and 42 assignment of existing leases for the Property,together with security deposits and interest if any,at day and time of settlement.Seller y.1,,1 43 will not enter into any new leases,nor extend existing leases,for the Property without the written consent of Buyer_Buyer will 44 acknowledge existing lease(s)by initialing the lease(s)at the execution of this Agreement,unless otherwise stated in this 45 0 Tenant-Occupied Property Addendum(PAR Form TOP)is attached. 46 5. DATES/TIME IS OF THE ESSENCE(1-10) • 47 (A) Written acceptance of all parities will be on or before: 12.1 1 'al A to f . • 48 (B) The Settlement Date and all other dates and times identified for the performance any obligations of this Agreement are of the 49 essence and are bincing 50 (C) The Execution Date of this Agreement is the date when Buyer and Seller have indicated full acceptance of this Agreement by sign- s1 ing and/or initialing it.For purposes of this Agreement the number of days will be counted from the Execution Date, excluding 52 the day this Agreement was executed and including the last day of the time period.AU changes to this Agreement should be ini- 53 tialed and dated. 54 (D) The Settlement Dale is not extended by any other provision of this Agreement and may only be extended by mutual written agee- 55 mein ofthe parties. 56 (E) Certain terms and time periods are pre-printed in This Agreement as a convenience to the Buyer and Seller.All pre-printed terms 57 and.time periods are negotiable and may be changed by striking out the pre-printed text and inserting different terms acceptable 58 to all parties. 59 6. ZONING(1-10) 60 Failure of this Agreement to contain the zoning classification (except in cases where the properly{and each parcel thereof; if subdi- 61 vidable}is zoned solely or primarily top .single-family dwellings)will render this Agreement voidable at Buyer's option, and,if 62 voided,any deposits tendered by the Buyer will be returned to the Buyer without any requirement for court action. 63 Zoning Classification: Residential 64 Buyer lnitials� ! ASR Page 2ofll SelerInitials: / Revised 1/12 Produced rfihzipramebyz x 18070 Fifteen Mile Road,Fraser,Michigan 4t a inetnalsairme. 124 Summer Ln 65 7. FO TURPS AND PERSONAL PROPERTY(1-10) free of lie 66 (A) INCLUDED in this sale are all existing items permanently installed in the Property, liens, and other items including 67 plumbing heating radiator covers; lighting fixtures (including chandeliers and ceiling fans); pool and spa equipment (mcludmg 6: covers and cleaning equipment); electric animal fencing systems (excluding collars); garage door openers and tele- vision =potted shrubbery, plantings and trees; any remaining heating and cooking fuels stored on the Property at the 70 time of settlement; smoke detectors and carbon monoxide detectors; sump limp% storage sheds fence mailboxes; wall to wall 71 carpeting existing window screens, storm windows and screen/storm doors; window covering hardware, shades and blinds; i t. awnings; built-in air conditioners;built-in appliances;the rang 'oven,unless otherwise stated;and,if owned,water treatment sys- $b'.. ek(` tens,propane tanks,satellite dishes and security systems.Also included:dishwasher, disposal , renege, titP 5 (B) The fall refrigerator, iar items ar LEA owSED (ave,not owned by ,wa11 oven .1.4e1l�ItlmFILSK: • owing e S er).Contact the provider%vendor for more infomnation(e.g.,water treatment 76 systems,propane tanks,satellite dishes and security systems): 77 (C) EXCLUDED fixtures and items: 78 79 8. MORTGAGE CONTINGENCY(1-10) 80 0 WAIVED. This sale is NOT contingent on mortgage financing, although Buyer may obtain mortgage financing and/or the par- 81 ties may include an appraisal contingency. 82 ?r ELECTED. 83 (A) This sale is contingent upon Buyer obtaining mortgage financing according to the following terms: 84 First Mortgage on the Property Second Mortgage on the Property 85 LoanAmount$2.11,105.00 LoanAmotmt$ . 86 Minimum Term 30 _years Minimum Temi years • 87 Type a Type of mortgage 88 Loan-To-Value(LTV)ratio: Doan-To-V ( TV)ratio: 89 For non-FHA/VA loans LTV ratio not to exceed % For non FHA/VA loans LTV ratio notto exceed % 90 Mortgage lender Mortgage lender 91 . 92 Interest rate 3.25o %;however,Buyer agrees to accept the Interest rate %;however,Buyer agrees to:accept the 93 interest rate as may be committed by the mortgage lender,not tc interest rate as may be committed by the mortgage lender,notto 94 exceed a maximum interest rate of 3.875 %. exceed a maximum interest rate of %. 95 Discount points, loan origination,loan placement and other fees Discount points, loan origination, o lacement and other fees 96 chased by the lender as apenxntage of the mortgage loan(exclnd- charged by the lender as a percentage of the mortgage loan(circlnd- 97 ing any mortgage insurance premiums or VA funding fee)not to ing any mortgage insurance premiums or VA finding fee)not to 98 exceed %(0%ifnot specified)ofthe mortgage loan. ex %(0%ifnot specified)of the mortgage loan. 99 (B) The interest rate(s) and fee(s)provisions in Paragraph 8(A) are satisfied if the mortgage lender(s) gives Buyer the right to guar- 100 antee the interest rate(s)and fee(s)at or below the maximum levels stated.If lender(s)gives Buyer the right to lock in the inter- 101 est rate(s),Buyer will do so at least 15 days before Settlement Date.Buyer gives Seller the tight,at Seller's sole option and 102 as permitted by law and the mortgage lender(s),to contribute financially,without promise of reimbursement,to the Buyer and/or 103 the mortgage lender(s)to make the above mortgagetermr(s)available to Buyer. 104 (C) Within days(7 if not specified)from the Execution Date of this Agreement;Buyer will make a completed,written moat 105 gage application (mclu(ling payment for and ordering of appraisal and credit reports without delay, at the time required by 106 lender(s)) for the mortgage terms and to the mortgage lender(s) identified in Paragraph 8(A), if any, otherwise to a responsible 107 mortgage lender(s) of Buyer's choice. Broker for Buyer, if any, otherwise Broker for Seller, is authorized to communicate with 108 the mortgage lender(s)to assist in the mortgage loan process. 109 (D) Buyer will be in default of this Agreement if Buyer furnishes false information to anyone concerning Bares financial 110 and/or employment status, fails to cooperate in good faith with processing the mortgage loan application (including delay 111 of fire appraisal),fails to lock in interest rate(s)as stated in Paragraph 8(B),or otherwise causes the lender to reject; refuse 112 to approve or issue a mortgage loan commitment. 113 (E) I. Mortgage Commitment Date:May 15, 2013 -Upon receiving amartgage commitment,Beyer will 114 promptly deliver a copy of the commitment to Seller. 115 2. If Seller does not receive a copy of the mortgage commitments) by the Mortgage Commitment Date, Seller may terminate 116. this Agreement by written notice to Buyer. Seller's right to terminate continues until Bayer delivers a mortgage dommitment 117 to Seller.Until Seller terminates this Agreement,Buyer is obligated to make agood-faith effort to obtain mortgage financing 118 3. Seller may terminate this Agreement by written notice to Buyer after the Mortgage Commitment Date if the mortgage commitment 119 a. Does not satisfy the terms of Paragraph 8(A),OR 120 b. Contains any condition not specified in this Agreement(e.g,the Buyer must settle on another property,an appraisal must 121 be received by the lender,or the mortgage commitment is not valid through fire Settlement Date)that is not setts-led and/or 122 removed iawrking by the mortgage lender(s)within 7 DAYS alter the Mortgage Commitment Dam in Paragraph 123 8(E)(1), or any extension thereof; other than those conditions that are customarily satisfied at or near settlement (eg., 124 obtaining insurance,confirming employment). 125 4. If this Agreement is terminated pursuant to Paragraphs 8(3X2) or(3),or the mortgage loan(s)is not obtained for~settlement; 126 all deposit monies will be returned to Buyer according to the terms of Paragraph 23 and this Agreement will be VOID.Buyer 127 will be responsible for any costs incurred by Buyer for any inspections or certifications obtained according to the terms of 128 this Agreement;and any costs incurred by Bayer for.(1)Title search,title insurance and/or mechanics' lien insurance,or any 129 fee for cancellation;(2)Flood insurance, fire insurance,hazard insurance,mine subsidence insurance, or any fee Tor cancel- 130 lation;(3)Appraisal fees and charges paid in advance to mortgage lender(s). . 131 Sayer reams-�( ASRPage3of11 Seller Initials- V i Revised i/12 Produced wahzipFanneby7iPLogn Urfa Phan Mta Road,Fraser.rJUdigan48026 NWAV.Zintook com 124 Summer In • • 132 (F) If the mortgage lender(s), or a property and casualty insurer providing 7na"annce required by the mortgage lender(s), requires 133 repairs to the Property,Buyer will,upon receiving the requirements,deliver a copy ofthe requirements to Seller.Wi him • 5 134 DAYS of receiving the copy of the requirements, Seller will notify Buyer whether Sena will make the required repairs at Seller's 135 expense. . 136 L If Seller makes the required repairs to the satisfaction of the mortgage lender and/or insurer,Buyer accepts the Property and 137 agrees to the RELEASE in Paragraph 25 of this Agreement 138 2 If Seller will not make the required repairs,or if Seller fads to respond within the stated time,Buyer will,within 5 139 DAYS,notify Seller of Buyer's choice to: 140 a. Make the repairsranprovements at Buyer's expense, with permission and access to the Property given by Seller, which 141 will not be unreasonably withheld,OR 142 b. Terminate this Agreement by written notice to Seller,with all deposit monies returned to Buyer according to the terms of 143 Paragraph 23 of this Agreement 144 If Buyer fads to respond within the time stated in Paragraph 8(F)(2)or fails to terminate this Agreement by written notice 145 to Seller within that time,Buyer will accept the Property and agree to the RELEASE in Paragraph 25 of this Agreement. 146 FHA/VA,IF APPLICABLE 147 (G) It is expressly agreed that notwithstanding any,other provisions of this contract,Buyer will not be obligated to complete the pur- l.• t1.)� chase of the Property described herein or to incur any penalty by foffcibure of earnest money deposits or otherwise unless Buyer 1•• t has been given, in accordance with HUD/FHA or VA requirements, a written statement by the Federal Housing Commissioner, 150 Veterans Administration, or a Direct Endorsement Lender setting forth the appraised value of the Property of not Iess than 151 t $.23.A,48-440 a Q 0 `(the Purchase Price as stated in this Agreement).Buyer will havethe privilege and option of Qti.,= proceeding with consummation of the contract without regard to the amount of the appraised valuation.The appraised valuation • �•4 is arrived at to determine the maximum mortgage the Department of Housing and Urban Development will insure.HIID does 154 not warrant the value nor the condition of the Property.Buyer should satiefy himself/herself that the price and contrition of the 155 Property are acceptable. 156 Warning: Section 1010 of Tittle l8, U.S.C., Department of Housing and Urban Development and Federal. Housing 157 Administration Transactions,provides,"Whoever for the purpose of- - influencing in any way the action of such Depar went; 158 makes, passes,utters or publishes any statement;knowing the same to be false shall be fined under this tide or imprisoned not 159 more than two years,or both." 160 (H) 11.5. Department of Housing and Urban Development (HOD) NOTICE TO PURCHASERS: Buyer's Acknowledgement 161 ® Buyer has received the HUD Notice "For Your Protection: Get a Home Inspection."Buyer understands the importance of 162 gelling an independent home inspection and has thought about this before signing this Agreement Buyer understands that 163 FHA will not perform a home inspection nor guarantee the price or condition of the Property. 164 (1) Certification We the undersigned, Seller(s) and Buyer(s) party to this transaction each cam* that the terms of this contract 165 for purchase are true to the best of our knowledge and belies;and that any other agreement entered into by any of these parties 166 in connection with this transaction is attached to this Agreement 167 9. CHANGE IN BUYER'S FINANCIAL STATUS(3-11) 168 In the event of a change in Buyer's financial status affecting Buyer's ability to purchase, Buyer shall promptly notify'Seller and 169 lenders)to whom the Buyer submitted mortgage application, if any.A change in financial status includes,but is not limited to, loss 170 or a change in empioymene failure or loss of sale of Buyer's home; Buyer's having incurred a new financial obligation; entry of a 171 judgment against Buyer. Buyer understands that applying for and/or incurring an additional financial obligation May affect 172 Buyer's ability to purchase. 173 10.SELLER REPRESENTATIONS(1-10) 174 (A) Radon Testing and Remediation(See Notice Regarding Radon) . 175 Seller has no knowledge about the presence or absence of radon unless checked below: 176 ❑ 1- Seller has knowledge that the Property was tested on the dates and by the methods(e.g. charcoal canister, alpha track, 177 etc.),which produced the results indicated below: 178 Date Type of Test Results(picoCnnes/liter or working levels) Name of Testing Service 179 180 181 ❑ 2. Seller bas knowledge that the Property bad radon removal system(s)installed as indicated below: 182 Date Installed Type of System Provider , 183 184 185 Copies of all available test reports will be delivered to Buyer with finis Agreement Seller does not warrant the meth- 186 ods or the results of radon tests. 187 (B) Status of Water 188 Seller represents that the hope(tyis served by: 189 ® Public Water ❑ Community Water [3 On-site Water ❑ None [3 190 (C) Status of Sewer 191 Seller represents that the Property is served by: 192 ® Public Sewer ❑ Community Sewage Disposal System ❑ Ten-Acre Permit Exemption(see Sewage Notice 2) 193 ❑ Individual On-lot Sewage Disposal System(see Sewage Notice 1) ❑ Holding Tank(see Sewage Notice 3) 194 ❑ Individual On-lot Sewage Disposal System in Proximityto Well(see Sewage Notice I;see Sewage Notice 4,if applicable) 195 ❑ None(see Sewage Notice 1) ❑ Noae Available/PermitLiimitations in Effect(see Sewage Notice 5) 196 ❑ 197 Buyer InitiaLs:Ot / ASK Page 4 ell. Seller InitialsC Uy_! 64 Revised 1/12 Produced with apfoaa®bysiptagis 18070 Fifteen em Road.Fraser,Michigan 48026 wasy.471.00ium 124 Saner Ia • • 198 (D) Historic Preservation 199 Seller is not aware ofhistoric preservation restrictions regarding the Property unless otherwise stated here: 200 201 (E) ❑ Property,or a portion of it,is preferentially assessed for tax purposes under the following Acts) (see Notices Regarding Land 202 Use Restrictions): 203 ❑ Farmland andForestLand Assessment Act(Clean and Green Program;Act 319 of 1974;72 P.S.§54901 et seq.) 204 ❑ Open Space Act(Act 442 of 1967;32 P.S.§5001 et seq.) 205 ❑ Agicultural Area Security Law(Act 43 of 1981;3 P.S.§901 et seq.) 206 ❑ Other 207 (F) Seller represents that, as of the date Seller signed this Agreement,no public improvement, condominium or homeowner associa- 208 lion assessments have been made against the Property which remain unpaid, and that no notice by any government or public 209 authority has been served upon Seller or anyone on Seller's behalf; including notices relating to violations of zoning; housing, 210 building,safety or the ordinances that remain uncorrected, and that Seller knows of no condition that would constithte a viola- 211 tion of any such ordinances that remain uncorrected,unless otherwise specified here: 212 213 (G) Seller kaows of no other potential notices(inclndmg violations)and/or assessments except as follows: 214 215 (H) Access to apublic road may require issuance of a highway occupancy permit from the Department of Transportation. 216 11.WAIVER OF CONTINGENCIES(9-05) 217 If this Agreement is contingent on Buyer's right to inspect and/or repair the Property, or to verify insurability, environmental 218 conditions, boundaries, certifications, zoning classification or use, or any other information regarding the Property, Buyer's 219 failure to exercise any of Buyer's options within the times set forth in this Agreement is a WAIVER of that contingency and 220 Buyer accepts the Property and agrees to the RELEASE in Paragraph 25 of this Agreement 221 12.INSPECTIONS(1-10)(See Notices Regarding Property and Environmental Inspections) • 222 (A) Rights and Responsibilities • 223 1. Seller will provide access to insurers'representatives and,as may be required by this Agreement or by mortgage lender(s),to 224 surveyors,municipal obleisin.appraisers and inspectors.All parties and their real estate licensee(s)may attend any inspections. 225 2. Buyer may make a pre-settlement walk-through inspection of the Property.Buyer's right to this inspection is not waived by 226 any other provision ofthis Agreement 227 3. Seller will have heating and all utilities(including fuel(s))on for all inspectiions/appraisals. 228 4. All inspectors,including home inspectors,are authorized by Buyer to provide a copy of any inspection Report to Brokerfor Buyer. 229 5. Seller has the right,upon request,to receive afree copy of any inspection Report from the party for whom it was prepared. 230 (B) Buyer waives or elects at Buyer's expense to have the following Inspections, certifications, and investigations (referred to as 231 "Inspection" or "inspections") performed by professional contractors, home inspectors, engineers, atchitects and other. properly 232 licensed or otherwise qualified professionals. If the same inspector is inspecting more than one system, the inspector must com- 233 ply with the Home Inspection Law.(See Notice Regar+ding the Home Inspection Law) 234 (C) For elected Inspection(s),Buyer will,within the Contingency Periods) stated in Paragraph 13(A), complete Inspections,.obtain any 235 Inspection Reports or results(referred to as"Report"or`Reports"),and accept the Property,terminate this Agreement,or submit a 236 Written Corrective Proposals)to Seller;according to the terms of Paragraph 13(3). 237 Home/Property Inspections and Environmental Hazards(mold,,etc.) • 238 ected Buyer may conduct an inspection of the Property's structural components;roof; exterior windows and exterior Waived 239 / doors exterior siding,Exterior Insulation and Finish Systems,fascia,gutters and downspouts;swimming pools,hot. ! 240 tubs and spas;appliances;electrical systems;interior and exterior plumbing;public sewer systems head and cool- 241 ing systems; water penetration; electromagnetic fields wetlands and flood plain deTmeation; structure square 242 footage;mold and other environmental hazards(e.g.,thug,indoor air quality,asbestos,underground storage tanks, • 243 etc.);and any other items Buyer may select If Buyer elects to have a home inspection of the Property,as defined in 244 the Home Inspection Law,the home inspection must be performed by a full member in good standing of a national 245 home inspection association,or a person supervised by a fall member of a national home inspection association,in 246 accordance with the ethical standards and code of conduct or practice of that association,or by a properly licensed 247 or registered engineer or architect(See Notice Regarding the Home Inspection Law) 248 Wood Infestation 249 ,,elected Buyer may obtain a written"Wood-Destroying Insect Infestation Inspection Report"from an inspector certified as Waived 250 �� / a wood-destroying pests pesticide applicator and will deliver it and all supporting documents and drawings provid- / 251 ed by the inspector to Seller.The Report is to be made satisfactory to and is co � ry compliance with applicable laws,mart= 253 gage lender regeiirements,and/or Federal Insuring and Guaranteeing Agency requirements.The Inspection is to be limited to all readily-visible and accessible areas of all structures on the Property,except fences.If the Inspection 254 reveals active infestation(s),Buyer,at Buyer's Expense,may obtain a Proposal from a wood-destroying pests pes- 255 ticide applicator to treat the Property.If the Inspection reveals damage from active or previous infestation(s),Buyer 256 may obtain a written Report from a professional contractor,home inspector or structural engineer that is limited to 257 structural damage to the Property caused by wood-destroying organisms and a Proposal to repair the Property. 258 Water Service 259 Elected Buyer may obtain an Inspection ofthe quality and quantity ofthe water system from a properky licensed or otherwise�Warved 260 ! qualified water/well testing company.If and as required by the inspection company,Seller,at Seller's expense,will c(Xr�/ 261 locate and provide access to the on-site(or individual)water system.Seller will restore the Property to its previous 262 condition,at Seller's expense,prior to settlement 263 BuyerIniiiaisrY/ ASRPage5of11 Seller Initials / 01)1 Revised 1/12 Produced well*ome)byziptisgee 1807 0 Fifteen Mto Road,Fraser,bkettan48020 emwztaLoohcoom 124 Sumner IA • 264 Radon 265 Elected Buyer may obtain a radon test of the Properly from a certified inspector.The U.S.Environmental Protection z_39)aived 266 / Agency(EPA)advises corrective action if the average animal exposure to radon is equal to or higher than 0.02..._. ! 267 working levels or4 picoCuries/titer(4pCi/L). 268 On4ot Sewage(If Applicable) 269 Elected Buyer may obtain an Inspection of the individual on lot sewage disposal system from a qualified,professional Waived 270 / inspector.If and as required by the inspection company,Seller,at Seller's expense,will locate,provide access to, 271 and empty the individual on-lot sewage disposal system.Seller will restore the Property to its previous condition, 272 at Seller's expense,prior to settlement See paragraph 13(C)for more information regarding the Individual On-lot 273 Sewage Inspection Contingency. 274 Property Insurance 275 Elected Buyer may determine the insurability of the Property by making application for property and casualty insurance for Waived 276 / the Property to a responsible insurer.Broker for Buyer,if any,otherwise Broker for Seller,may communicate with op / 277 the insurer to assist in the insurance process.If the Property is located in a flood plain,Buyer may be required to 278 carry flood insurance at Buyer's expense,which may need to be ordered 14 days or more prior to Settlement Date. 279 Property Boundaries 280 Elected Buyer may engage the services of a surveyor;title abstractor, or other qualified professional to assess the Iegal Waived 281 / description,certainty and location of boundaries and/or quantum of land.Most Sellers have not had the Property J/ 282 surveyed as it is not a requirement of property transfer in Pennsylvania.Any fences,hedges,walls and other natural 283 or constructed bathers may or may not represent the true boundary lines of the Property.Any numerical represen- 284 talons of size of property are approximations only and maybe inaccurate. 285 Deeds,Restrictions and Zoning 286 Elected Buyer may investigate easements,deed and use restrictions cmcludtng any historic preservation restrictions or ordi- Waived 287 / nances)that apply to the Property and review local zoning ordinances.Buyer may verify that the present use of the / 288 Property(such as in-law quarters, apartments, home office, day care)is permitted and may elect to make the 289 Agreement contingent upon an anticipated use.Present use: . 290 Lead-Based Paint Hazards(For Properties prior to 1978 only) 291 Elected Before Buyer is obligated to purchase a residential dwelling bolt prior to 1978,Buyer has the option to conduct a Waived 292 / risk assessment and/or inspection of the Property for the presence of lead-based paint and/or lead based paint haz- ®2/ 293 aids unless Buyer waives that right Regardless of whether this inspection is elected or waived,the Residential 294 Lead-Based Paint Hazard Reduction Act requires a Seller of property built prior to 1978 to provide the 295 Buyer with an EPA-approved lead hazards information pamphlet titled Protect Your Family from Lead in 296 Your Home,along with a separate form,attached to this Agreement,disclosing Seller's knowledge of lead- 297 based paint hazards and any lead-based paint records regarding the Property. (See Notices Regarding 298 Residential Lead-Based Paint Hazard Redaction Act) 299 Other 300 Elected Waived 301 / 302 303 The Inspections elected above do not apply to the following existing conditions and/or item 304 305 • 306 13_INSPECTION CONTINGENCY(1-10) 307 (A) The Contingency Period is days(10 if not specked)from the Execution Date of this Agreement for each Inspection elect- 308 ed in Paragraph 12(C),except the following: 309 3 9 Inspection(Inspection(s)pon(s) Contingency Period daYs 311 312 � 312 days 314 (B) Except as stated in Paragraph 13(C), if the result of any Inspection elected in Paragraph 12(C) is mmatisfacway to Buyer, Buyer 315 will,within the stated Contingency Period: 316 1. Accept the Property with the information stated is the Report(s)and agree to the RELEASE in Paragraph 25 of this Agreement,OR 317 2. Terminate this Agreement by written notice to Selig with all deposit monies returned to Buyer according to the terms of 318 Paragraph 23 ofthis Agreement,OR 319 3. Present the Report(s)to Seller with a Written Corrective Proposal("Proposal')listing corrections and/or cremes desired by Buyer. 320 The Proposal may,but is not required to,include the names)of a properly licensed or qualified professional(s)to perform the cor- 321 rections requested in the Proposal,provisions for payment,including retests,and a 322 lions.Buyer a trees that Seller will not be held liable for corrections that do not projected for a lender completion governmental corneal comply mortgage leader do governmemal 323 requirements ifperformed in a work umblee manner according to the terms of Buyer's Proposal. 324 a. No later than days(5 if not specified)from the end of the Contingency Period(s),Seller will inform Buyer in writ 325 lag that Seller will: 326 (1) Satisfy all the terms of Buyer's Proposal(s),OR • 327 (2) Not satisfy all the terms ofIluyer's Proposal(s). 328 • b. If Seller agrees to satisfy the terms of Buyer's Proposal, Bayer accepts the Property and agrees to the RELEASE is 330 Within Paragraph 25 ofthis Agreement days(2 if net specified)of the receipt of written notification that Seller will not satisfy all terms-of Buyer's 331 Bayer Inisa / ASRPage 6 ofll Seger Initials: / to Revised 1/12 Proawedwm,epFermebyzlplosbc18070 Fifteen Mae Rrmd.Fraser,MhtMan48026 reva,t,ziafakon 124 SummerLn 332 Proposal, or the lime stated in paragraph 13(B)(3Xa) if Seller fails to choose either option in writing whichgver occurs 333 first,Buyer will: 334 (1) Accept the Property with the information stated in the Report(s)and agree to the RELEASE in Paragraph 25 of this 335 Agreement;OR 336 (2) Terminate this Agreement by written notice to Seller,with all deposit monies returned to Buyer according to the terms 337 of Paragraph 23 ofthis Amman,OR 338 (3) Eater into a mutually acceptable written agreement with Seller, providing for any repairs or improvements to the 339 Property and/or any credit to Buyer at settlement;as acceptable to the mortgage lender,if any 340 If Buyer fails to respond within the time stated in Paragraph 13(B)(3)(c) or fans to terminate this Agreement by 341 written notice to Seller within that time,Buyer will accept the Property and agree to the RELEASE in Paragraph 342 25 of this Agreement 343 (C) If aReport reveals the need to expand or replace the existing individual on-lot sewage disposal system,Seller may,within 344 days(25 if not specified)of receiving the Report,submit a Proposal to Buyer.The Proposal will include,but not be limited to,the 345 name of the company to perform the expansion or replacement; provisions for payment; including retests; and a projected corn- 346 pietion date for corrective measures.Within 5 DAYS of receiving Seller's Proposal,or if no Proposal is provided within the 347 stated time,Buyer will notify Seller in writing of Buyer's choice to: 348 .1. Agree to the terms of the Proposal,accept the Property and agree to the RELEASE in Paragraph 25 ofthis Agreement,OR 349 2 Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of 350 Paragraph 23 of this Agreement OR 351 3. Accept the Property and the existing system and agree to the RELEASE in Paragraph 25 of this Agreement.If required by any 352 mortgage lender and/or any governmental authority,Buyer will correct the defects before settlement or within the time required 353 by the mortgage lender and/or governmental authority,at Buyer's sole expense,with permission and access to the Property given 354 by Seller,which may not be unreasonably withheld.If Seller denies Bayer permission and/or access to correct the defects,Buyer 355 may,within 5 DAYS of Seller's denial,teammate this Agreement by written notice to Seller,with all deposit monies returned 356 to Buyer according to the terms of Paragraph 23 of this Agreement 357 If Buyer fails to respond within the time stated in Paragraph 13(C)or fails to terminate this Agreement by written notice 358 to Seller within that time,Buyer wiil1 accept the Property and agree to the RELEASE in Paragraph 25 of this Agreement 359 14_NOTICES,ASSESSMENTS AND MUNICIPAL REQUIREMENTS IS(1-10) 360 (A) In the event any notices, including violations, and/or assessments are received after Seller has signed this Agreement and before 361 settlement,Seller will within S DAYS of receiving the notices and/or assessments provide a copy of the notices and/or assess- 362 metes to Buyer and will notify Bayer in writing that Seller will: 363 1_ Fully comply with the notices and/or assessments, at Seller's expense, before settlement. If Seller fully complies with the 364 notices and/or assessments,Buyer accepts the Property and agrees to the RELEASE in Paragraph 25 of this Agreement, OR 365 2. Not comply with the notices and/or assessments_If Seller chooses not to comply with the notices and/or assessments, or fails 366 within the stated time to notify Buyer whether Seller will comply,Buyer will notify g within 5 DAYS 367 that Buyer�: adfy SeIIet in writer 368 a Comply with the notices and/or assessments at Buyer's expense, accept the Property, and agree to the RELEASE in 369 Paragraph 25 ofthis Agreement OR 370 b. Te>minate this Agreement by written notice to Seller,with all deposit monies returned to Buyer according to the terms of 371 Paragraph 23 of this Agreement 372 If Buyer fails to respond within the time stated in Paragraph 14(A)(2)or fails to terminate this Agreement by written notice 373 to Seller within that time,Buyer wits accept the Property and agree to the RELEASE in Paragraph 25 of this Agreement 374 (B) If required by law,within 30 DAYS from the Execution Date ofthis Agreement,but in no case later than 15 DAYS prior 375 to Settlement Date,Seller will order at Seller's expense a certification from the appropriate municipal department(s)disclosing notice 376 of any uncorrected violations of zoning,housing,b ieli:g,safety or fire ordinances and/or a certificate permitting occupancy of the 377 Property.If Buyer receives a notice of any required repair's/Improvements,Buyer will promptly deliver a copy of the notice to Seller. 378 L Within 5 DAYS of receiving notice from the municipality that repairs' /improvements arc required,Seller will deliver a 379 copy ofthe notice to Buyer and notify Buyer in writing that SellerwM: 380 a. Make the required repairs/mmprovemeats to the satisfaction of the municipality. If Seller makes the required 381 repairs/improvements Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 ofihisAgreement OR 382 b. Not make the required repairsrmaprovements.If Seller chooses not to make the required repairs/improvements,Buyer will 383 notify Seller in writing within 5 DAYS that Buyer will: 384 (1) Make the rep airs/'improvements at Buyer's expense,with 385 will not be unreasonably withheld,OR permission and access to the Property given by Seller,which 386 (2) Terminate this Agreement by written notice to Seller,with all depositmonies mimed to Buyer according to the terms 387 ofParagraph 23 of this Agreement 388 If Buyer fails to respond within the time stated in Paragraph 14(33)(1)(h) or falls to terminate this Agreement by 389 written notice to Seller within that time,Buyer will accept the Property and agree to the RELEASE in Paragraph 390 25 of this Agreement,and Buyer accepts the responsibility to perform the repairs/improvements according to the 391 terms of the notice provided by the municipality_ 392 2. If Seller denies Buyer permission to make the required repaits/improvements, or does not provide Buyer access before 393 Settlement Date to make the required repairs/'improvements,Buyer may,within 5 DAYS,terminate this Agreement by 394 written=theta Seller,with all depositmonies returned to Buyer according to the terms of h23 ofthis 395 PAP Agreem�t. 3. If repairs/improvements are required and Seller fails to provide a copy of the notice to Buyer as required in this Para h,Seller 396 will perform all repairs/improvements as required by the notice at Seller's expense.Paragraph 14(B)(3)will survive settlement 397 Buyer/ ASR Page 7of11 Seller bniitials / fit Revised 1112 a Produced with*Forme by*WI mum RteenM e Road,Fraser,Helicon 4802$ rauceragairsam 124 Summer Ln 398 15.CONDOMINIUM/PLANNED COMMUNITY(HOMEOWNER ASSOCIATIONS)RESALE NOTICE(1-10) 399 Property is NOT a Condominium or part of a Planned Community unless checked below. 400 Q CONDOMINIUM The Property is a unit of a condominium that is primarily rim by a unit owners'association.Section-3407 of the 401 Uniform Condominium Act of Pennsylvania(see Notice Regarding Condominiums and Planned Communities) 1-. awes Seller to 402 furnish Buyer with a Certificate of Resale and copies o f the condominium declaration(other than plats and plans),the bylaws and 403 the rules and regulations of the association. 404 ® PLANNED COMMUNITY (HOMEOWNER.ASSOCIATION). The Property is part of a planned community as defined by the 405 Uniform Planned Community Act (see Notice Regarding Condominiums and Planned Communities). Section 5407(a) of the Act 406 requires Seller to furnish Buyer with a copy of the Declaration(other than plats and plans),the bylaws,the roles and regulations 407 of the association,and a Certificate containing the provisions set forth in section 5407(a)of the Act. 408 THE FOLLOWING APPLIES TO PROPERTIES THAT ARE PART OF A CONDOMINIUM OR A PLANNED COMMUNITY. 409 (A) Within 15 DAYS from the Execution Date adds Agreement,Seller,at Seller's expense,will request from the association a 410 Certificate of Resale and any other documents necessary to enable Seller to comply with the relevant Act The Act provides that 1 411 the association is required to provide these documents within 10 days of Seller's request 412 (B) Seller will promptly deliver to Buyer all documents received from the association.Under the Act Seller is not liable to Buyer for 413 the failure of the association to provide the Certificate in a timely manner or for any incorrect information provided by the asso- 414 elation in the Certificate. 415 (C) The Act provides that Buyer may declare this Agreement VOID at any time before Buyer receives the association documents and 416 for 5 days after receipt, OR until settlement whichever occurs first Buyer's notice to Seller must be in writing upon.Buyer 4I7 declaring this Agreement void, all deposit monies will be returned to Buyer according to the therms of Paragraph 23 of this 418 Agreement. 419 (D) If the association has the right to buy the Property(right of fist refusal),and the association exercises that right,Seller will rear 420 burse Buyer for any costs incurred by Buyer for any inspections or certifications obtained according to the terms of the Agreement; 421 and any costs incurred by Buyer for:(1)Title search,title insurance and/or mechanics'lien insurance, or any the for cancellation; 422 (2) Flood insurance,fire insurance, hazard insurance,mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees 423 and charges paid in advance to mortgage lender. 424 16.TITLES,SURVEYS AND COSTS(1-12) 425 (A) The Property will be conveyed with good and marketable title that is insurable by a reputable title insurance company at the reg- 426 ular rates, free and clear of all liens, encumbrances, and easements, excepting however the following: existing deed'restriction.% 427 historic preservation restrictions or ordinances; building restrictions; ordinances; easements of roads; easements visible upon the 428 ground;easements of record;and privileges or rights of public service companies,if any. 429 (B) Buyer will pay for the following (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; 430 (2) Flood insurance, fire insurance, hazard insurance, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees 431 and charges paid in advance to mortgage leader;(4)Buyer's customary settlement costs and accruals. 432 (C) Any survey or surveys required by the title insurance company or the abstracting company for preparing an adequate legal 433 description of the Property(or the correction thereof)will be obtained and paid for by Seller.Any survey or surveys desired by 434 Buyer or required by the mortgage lender will be obtained and paid for by Buyer. 435 (D) If Seller is unable to give good and marketable title that is insurable by a reputable title insurance company at the lugger rates,as 436 specified in Paragraph 16(A),Buyer may terminate this Agreement by written notice to Seller;with all deposit monies returned to 437 Buyer according to the terms of Paragraph 23 of this Agreement Upon termination, Seller will reimburse Buyer for any costs 438 incurred by Buyer for any inspections or certifications obtained according to the terms of this Agreement,and for those.items spec- 439 ified in Paragraph 16(B)items(1),(2),(3)and in Paragraph 16(C). 440 (E) Oil,gas,mineral,or other/Wits oftids Property may have been previously conveyed or leased,and Sellers make no representation about 441 the states ofthose rights unless indicated elsewhere in this Agreement 442 ❑ Oil,Gas and Afiner-al iRights Addendum(PAR Form OGM)is attached. 443 (F) COAL NOTICE(Where Applicable) 444 THIS DOCUMENT MAY NOT SELL,CONVEY,TRANSFER,INCLUDE OR INSURE TEE TIME Z TO THE COAL AND RIGHTS OF SUPPORT UNDERNEATH 445 THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN,AND THE OWNER OR OwieRS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL 446 RIGHT TO REMOVE ALL SUCH COAL AND IN THAT COIesECTTON,DAMAGE MAY RESULT TO THE SURFACE OF T$E LAND AND ANY HOUSE, 447 SUILTENGono'1 smRUCTUREO rot NSUCHLAND. (This notice is set forth in the manner provided in Section 1 of-the Act of 448 July 17, 1957, P.L. 984.) `Buyer acknowledges that he may not be obtaining the right of protection against subsidence resulting 449 from coal mioing operations,and that the property described herein may be protected from damage due to mine subsidence by a 450 private contract with the owners of the economic interests in the coal.This acknowledgement is made for the purpose of corn- 451 plying with the provisions of Section 14 of the Bituminous Mme Subsidence and the Land Conservation Act of April;.27, 1966." 452 Buyer agrees to sign the deed from Seller which deed will contain the aforesaid provision. 453 (G) The Property is not a"recreational cabin"as defined in the Pe isylvania Construction Code Act unless otherwise stated here(see 454 Notice Regarding Recreational Cabins): 455 (H) This property is not subject to a Private Transfer Fee Obligation unless otherwise shed here(see Notice Regarding Private Transfer 456 Fees): 457 ❑ Private Transfer fee Addendum(PAR Form PTE)is attached. 458 17.MAINTENANCE AND RISK OF LOSS(1-10) 459 (A) Seller will maintain the Property,groireilq, fixtures and personal property specifically listed in this Agreement in its present con- 460 dition,normal wear and tear excepted. 461 (B) If any system or appliance included in the sale of Property fails before settlement,Seller wrlL- 462 1. Repair or replace the failed system or appliance before settlement;OR • 463 2. Provide promptwrittea notice to Buyer of Seller's decision to: 464 a. Credit Buyer at settlement for the fair market value of the failed system or appliance as acceptable to the mortgage lender, 466 nay,OR O ,"_ 466 BuyerZoiiaals�,/ AS1ta��11 Sellerlaitiais: / Pexhieed wilh z*Foi ebyzipl.Ba 18070 Mew Mile Road.Rase;Ml drgan4802S zontgarsakgsm 124Sunmertn • 467 b. Not repair or replace the failed system or appliance, and not credit Buyer at settlement for the fair market value of the 468 failed system or appliance. 469 3. If Seller does not repair or replace the failed system or appliance or agree to credit Buyer for its lair market value,or if Seller 470 fans to notify Buyer of Seller's choice,Buyer will notify Seller in writingwithin 5 DAYS or before Settlement Date, 471 whichever is earlier,that Buyer will: 472 a. Accept the Property and agree to the RELEASE in Paragraph 25 ofthis Agreement,OR 473 b. Terminate this Agreement by written notice to Seller,with all deposit monies returned to Buyer according to the terms of 474 Paragraph 23 ofth s Agreement 475 If Buyer fails to respond within the time stated in Paragraph 17(B)(3) or bits to terminate this Agreement by written 476 notice to Seller within that time,Buyer will accept the Property and agree to the RELEASE in Para raph 25 of this 477 Agreement 478 (C) Seller bears the risk of loss from fire or other casualties until settlement If any property included in this sale is destroyed and not 479 replaced prior to settlement,Buyer will: insurance Il 480 1. Accept the Property in its then current condition together with the proceeds of any insurance recovery obtainable by Seller,OR 481 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the teams of 482 Paragraph 23 ofthis Agreement 483 18.HOME WARRANTIES(1-10) 484 At or before settlement either party may purchase a home warranty for the Property from a third-party vendor.Buyer and Seller under- 485 stand that a home warranty for the Property does not alter any disclosure requirements of Seller,will not cover or warrant any pre, 486 existing defects of the Property, and will not alter,waive or extend any provisions of this Agreement regarding inspections or cerii& 487 cations that Buyer has elected or waived as part of this Agreement.Buyer and Seller understand that a broker who recommends a home 488 warranty may have a business relationship with the home warranty company that provides afinancial benefit to the broker. 489 19.RECORDING(9-05) 490 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 491 causes or permits this Agreement to be recorded,Seller may elect to treat such act as a default ofthis Agreement 492 20.ASSIGNMENT(1-10) 493 This Agreement is binding upon the parties, their heirs,personal representatives, guardians and successors, and to the extent assigns- 494 ble on the assigns of the parties hereto.Buyer will not transfer or assign this Agreement'without the written consent of Seller unless 495 otherwise stated in this Agreement.Assignment ofthis Agreement may result in additional transfer taxes. 496 21.GOVERNING LAW,VENUE AND PERSONAL JURISDICTION(9-05) 497 (A) The validity and construction of this Agreement and the rights and duties of the parties,will be governed in accordance with the 498 laws of the Commonwealth ofPennsylvauia 499 (B) The parties agree that any dispute, controversy or claim arising under or in connection with this Agreement or its performance by 500 either party submitted to a court shall be filed exclusively by and in the state or federal courts sitting in the Commonwealth of 501 Pennsylvania. 502 22.REPRESENTATIONS(1-10) 503 (A) All representations, claims, advertising, promotional activities, brochures or plans.of any kind made by Se]Iez; Brokers, their 504 licensees, employees, officers or partners are not a part of this 505 Agreement unless expressly incorporated or stated. in this 506 Agreement. This Agreement contains the whole agreement between Seller and Buyer, and there are no other terms, obligations, covenants, ,el resentations, statements or conditions, oral or otherwise, of any kind whatsoever concerning this: sale. This 507 . Agreement will not be altered,amended,changed or modified except in writing executed by the parties. 508 (B) Unless otherwise stated in this Agreement, Buyer has inspected the Property (including fixtures and any personal prop- 509 erty specifically listed herein)before sigiing this Agreement or has waived the t to do � so, and agrees to purchase the 510 Property IN ITS PRESENT CONDITION, subject to inspection contingencies elected in this Agreement Buyer admowl- 511 edges that Brokers, their licensees, employees, officers or partners have not made in independent examination or deter- 512 urination of the structural soundness of the Property, the age or condition of the components, environmental conditions, 513 the permitted uses, nor of conditions existing in the locate where the Property is situated; nor have they made.a median- 514 ical inspection of any of the systems contained therein. 515 (C) Any repairs required by this Agreement will be completed in a workmanllce manner. 516 (D) Brokers)have provided or may provide services to assist unrepresented parties in complying with this Agreement 517 23.DEFAULT,TERMINATION AND RETURN OF DEPOSITS(1-10) 518 (A) Where Buyer terminates this Agreement pursuant to any right granted by this Agreement, Bayer will be entitled to a return of 519 all deposit monies paid on account of Purchase Price pursuant to the terms of Paragraph 23(3), and this Agreement will be 520 VOID. Termination of this Agreement may occur for other reasons giving rise to claims by Buyer and/or Seller for Ate deposit 521 monies. 522 (B) Regardless of the apparent entitlement to deposit monies, Pennsylvania law does not allow a Broker holding deposit monies to 523 determine who is entitled to the deposit monies when settlement does not occur.Broker can only release the deposit monies: 524 1. If this Agreement is terminated prior to settlement and there is no dispute over entitlement to the deposit monies.A written agreement signed by both parties is evidence that there is no dispute regarding deposit monies 526 2. It alter Broker has received deposit monies, Broker receives a written agreement that is signed by Bayer and Seller, direct- 527 lag Broker how to distribute some or all of the deposit monies. 528 3. According to theteans of afnal order of court. 529 4. According to the terms of a prior written agreement between Buyer and Seller that directs the Broker how tostribute the 530 deposit monies ifthere is a dispute between the parties that is not resolved.(See Paragraph 23(C)) 531 Buyer Initials / ASR Page 9 of u SeQerlrribals /V� Revised It12 ' l Produced with 21pFonne byziplogpc 18070 Mon Mile Road,Ffaser,PAIdgilar148028 wwwtm oabcaem 124 SummerLn 532 (C) Buyer and Seller agree that if there is a dispute over the entitlement to deposit monies that is unresolved 30 days ales 533 the Settlement Date stated in Paragraph 4(A), or any written extensions thereof the Broker holding the deposit monies will,with- 534 in 30 days of receipt of Buyer's written request, distribute the deposit monies to Buyer unless the Broker is in receipt of ver fi 535 able written notice that the dispute is the subject of litigation. If Broker has received verifiable written notice of litigation prior 536 to the receipt of Buyer's request for dtistrrbution,Broker will continue to hold the deposit monies until.receipt of a written distri 537 bntion agreement between Buyer and Seller or a final court order.Buyer and Seller are advised to initiate litigation for any por- 538 lion of the deposit monies prior to any distribution made by Broker pursuant to this paragraph. Buyer and Seller agree that the 539 distribution of deposit monies based upon the passage of time does not legally determine entitlement to deposit monies,and that 540 the parties maintain their legal rights to pursue litigation even after a distribution is made. 541 (D) Buyer and Seller agree that Broker who holds or distributes deposit monies pursuant to the terms of Paragraph 23 or Pennsylvania 542 law will not be liable. Buyer and Seller agree tint if any Broker or affiliated licensee is named in litigation regarding deposit 543 monies,the attorneys'fees and costs of the Broker(s)and licensee(s)will be paid by the party naming them in litigation. 544 (E) Seller has the option of retaining all sums paid.by Buyer,including the deposit monies,should Buyer: 545 1. Fall to make any additional payments as specified in Paragraph 2,OR. 546 2. Furnish false or incomplete information to Seller, Broker(s), or any other party identified in this Agreement concerning 547 Buyer's legal or financial stars,OR. 548 3. Violate or fail to fulfill and perform any other-terms or conditions of this Agreement 549 (F) Unless otherwise checked in Paragraph 23(G),Seller may elect to retain those sums paid by Buyer,ineiw Ung deposit month 550 1. On account ofpurchaseprice,OR 551 2. As monies to be applied to Seller's damages,OR 552 3. As liquidated damages for such default. 553 (G) ® SELLER IS MUTED TO RETAINING SUMS PAID BY BUYER,INCLUDING DEPOSTT MONIES,AS LIQUIDATED 554 DAMAGES. 555 (H) If Seller retains all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to Paragraph 23(F) or (G), 556 Buyer and Sellerarereleased from f rther liability or obligation and this Agreement is VOID. 557 (l) Brokers and licensees are not responsible for unpaid deposits. 558 24.MEDIATION(1-10) 559 Buyer and Seller will submit all disputes or claims that,arise from this Agreement,including disputes and claims over deposit monies, 560 to mediation. Mediation will be conducted in accordance with the Rules and Procedures of the Home Sellers/Home Bnyeas Dispute 561 Resolution System,unless it is not available,in which case Buyer and Seller will mediate according to the terms of the mediation sys- 562 tem offered or endorsed by the local Association of REALTORS®.Mediation fees, contained in the mediator's the schediule,will be 563 divided equally among the parties and will be paid before the mediation conference.This mediation process must be concluded before 564 any party to the dispute may initiate legal proceedings in any courtroom,with the exception of filing a summons if it is necessary to 565 stop any statute of limitations from expiring.Any agreement reached through mediation and signed by the parties will be binding(see 566 Notice Regarding Mediation).Any agreement to mediate disputes or maims arising from this Agreement will survive settlement 567 25.RELEASE(9-05) 568 Buyer releases, quit claims and forever discharges SELLER, ALL DRONERS, their LICENSEES, EMPLOYEES and any 569 OFFICER or PARTNER of any one of them and any other PERSON, FIRM or CORPORATION who may be liable by or 570 through them, from any and all claims, losses or demands, including, but not limited to, personal injury and property dam- 571 age and all of the consequences thereof whether known or not which may arise from the presence of termites or other wood- 572 boring insects, radon, lead-based paint hazards, mold,fungi or indoor air quality, environmental hazards, any defectss in the 573 individual on-lot sewage disposal system or deficiencies in the on site water service system, or any defects or conditions on the 574 Property. Should Seller be in default under the terms of this Agreement or in violation of any Seller disclosure law or regale- 575 lion, this release does not deprive Buyer of any right to pursue any remedies that may be available under law o r equity. This 576 release will survive settlement. 577 26.REAL ESTATE RECOVERY FUND(9-05) 578 A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real 579 estate licensee (or a licensee's affiliates) owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been 580 unable to collect the judgment after exhausting all legal and equitable remedies.For complete details about the Fund, call:(717) 783- 581 3658 or(800)822-2113(within Pennsylvania)and(717)783-4854(outside Pennsylvania). 582 27.COMMUNICATIONS'WITH BUYER AND/OR SELLER(1-10) 583 Wherever this Agreement contains a.provision that 1=1u-um or allows commnnication/dellveay to a Bayer,that provision shall be satis- 584 fled by communication/delivery to the Broker for Buyer, if any, except for documents required to be delivered pursuant to 585 Paragraph 15. If there is no Broker for Buyer,those provisions may be satisfied only by communication/delivery being made direct- 586 ly to the Buyer, unless otherwise agreed to by the parties.Wherever this Agreement contains a provision that requires or allows c om- 587 nmunic ation/delivery to a Seller,that provision shall be satisfied by communication/delivery to the Broker for Seller,if any.If there is 588 no Broker for Seller,those provisions may be satisfied only by communication/delivery being made directly to the Seller,unless other- 589 wise agreed to by the parties. 590 28.SPECIAL CLAUSES(1-10) 591 (A) The following are part of this Agreement if checked: 592 ❑ Sale&Settlement of Other Property Contingency Addendum(PAR.Form SSP) 593 ❑ Sale&Settlement of Other Property Contingency with Right to Continue Marketing Addendum(PAR Form SSP-CM) 594 ❑ Settlement of Other Property Contingency Addendum(PAR Form SOP) 595 ❑ Short Sale Addendum Agreement of Sale(PAR.Form SHS) 596 ❑ Appraisal Contingency Addendum(PARE=ACA) 597 ❑ 598 ❑ 599 ❑ 600 &ryerInitiats: / ASR Revised Page 1/12i1 Selerinitials: (pd 1 Produced wkh 21pFume byvpl ogbc 18070 Pttteen tuOie Road,Fraser.Whips 48028 went,.zorooi,can 124 Summer In • 601 (B) Additional Terms: 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 Buyer and Seller acknowledge receipt of a copy of this Agreement at the time of signing. 619 This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and which coon- 620 terparts together shall constitute one and the same Agreement of the Parties. 621 NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Parties to this transaction are 622 advised to consult a Pennsylvania real estate attorney before signing ifthey desire legal advice. 623 Return of this Agreement and any addenda and amendments, including return by electronic transmission, bearing the,signatures 624 of all parties,constitutes acceptance by the parties. 625 / Buyer has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa Code 626 §35.336. 627 / Buyer has received a statement of Buyer's estimated dosing costs before signing this Agreement -628 QL / Buyer has read and understands the notices and explanatory information in this Agreement 629 ©: / Buyer has received a Seller's Property Disclosure Statement before signing this Agreement, if required by law 630 (see Information Regarding the Real Estate Seller Disclosure Law). 631 QJ/ Buyer has received the Deposit Money Notice (for cooperative sales when Broker for Seller is holding deposit 632 money)before signing this Agreement 633 / Buyer has received the Lead-Based Paint Hazards Disclosure, which is attached to this Agreement of Sale, and 634 the pamphlet Protect Your Ramtiy from Lead in Your Home(for properties bait prior`to 19 635 BUYER 0^-�'_Q J DATE d ,9 0(3 Ornella Russo 636 BUYER DATE • 637 BUYER DATE 638 Seller has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa.Code§35.336. 639 Seller has received a statement of Seller's estimated closing costs before signing this Agreement 640 Seller has read and understands the notices and explanatory information in this Agreement 641 SELLER Ali DATE tj I,113 Jezzo. f= 642 SELLER /i_ ,_ DATE 1-1/11.2413 643 SELLER DATE ASRPage 11 of 11 Revised I/12 Produoed wig nipPortn®byzIpLogie 113070 Fifteen Mile Road.Fraser,Midiipart 48026 wvnegetoarmm 124 SummerLn NOTICE REGARDING CONVICTED SEX OFFENDERS(MEGAN'S LAW) The Pennsylvania General Assembly has passed.legislation(often referred to as"Megan's Law,"42 Pa.C.S.§9791 at seq.)providing for community notification of the presence of certain convicted sex offenders. Buyers are encouraged to contact the municipal police department or the Pennsylvania State Police for information relating to the presence of sex offenders near a particular property,or to check the information on the Pennsylvania State Police Web site at www pameganslaw.slate pans. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT OF 1980(FIRPTA) • The disposition of a U_S,real property interest by a foreign person(the transferor)is subject to the Foreign Investment in Real Property Tax Act of 1980(FIRPTA)income tax withholding.FIRPTA authorized the United States to tax foreign persons on dispositions of U.S.real property interests.This includes but is not limited to a sale or exchange,liquidation,redemption,gift,transfers,etc.Persons purchasingILS. real property interests(transferee)from foreign persons, certain purchasers'agents,and settlement officers are required to withhold 10 percent of the amount realized(special rules for foreign corporations).Withholding is intended to er r& •LS.taxation of gains realized on disposition of such interests.The tray er is the withholding *''`"`--'"" transferee/Buyer dmg agent.Ifyou are the tr�dyer�du must find out if the transferor is a foreign person.Ifthe transferor is a foreign person and you fail to withhold,you may be held Bake'fo e" NOTICE REGARDING REAL ESTATE TAXES(Paragraphf r.archase Priceand;D osits) ,�,; :;per.,,,_ •-%`mss-��'' ...��<<.� Real Estate Tax Proration:For purposes ofprorating real estate taxes,thth° ernaTi co byihegc bills are as follows_ —x s > Municipal Taxes: For all counties andmunicdpalitiesin P• ivalna,•: +. are f,i a reeii'od January 1 to December 31. School Taxes: For alt school districts,other than he eIp i;'t huxgh Scranton school districts,the period covered by the tax bill is July Ito Time 30.Poft$r`.ifadelph n itts h d Scranton school districts,tax bills are for the period January 1 to December 31.E-•L Real Estate Assessment In P.,.., .; taexaaig adiiroaties'fclrool districts and municipalities) and property owners may appeal the assessed value ofa at t$•� o or, �4 time t ereafter_A successful property �� .�G.-: appeal by a�g authority may result in a higher assessed value for the pr ietty are an i 'pease is property taxes.Also,periodic county wide property reassessments may change the assessed value ofthe propelOit dies in it'Efifdriitroperty tax. NOTICE TOY [iEKTNG MORTGAGE FINANCING(Paragraph 8:Mortgage Contingency) The appraised value of the Property is used by Ienders to determine the maximum amount of a mortgage loan.The appraised value is determined by an independent appraise4 subject to the mortgage lender's underwriter review,and may be higher or lower than the Purchase Price and/or market price ofthe property. The Loan-To-Value Ratio(LTV)is used by lenders as one tool to help assess the potential risk of a mortgage loan.LTV is deternuned by dividing the requested loan amotmtby either the Purchase Price or the appraised value ofthe property,whichever is lower.A particular LTV may be necessary to qualify for certain loans,or Buyers mightbe required to pay additional fees lithe LTV exceeds a specific level NOTICE REGARDING TRUTH IN LENDING(Paragraph 8:Mortgage Contngency) The Mortgage Disclosure Improvement Act requires mortgage lenders to provide Buyer with a Truth in Lending(III,)statement at the time of mortgage application(early disclosure)and anytime thereafter(re-disclosue)if the annual percentage rate(APR)changes by more than .125 percent Settlement cannot occur within 7 days of the early disclosure or within 3 days of re-disclosure.If a re-disclosure of a TIL statement is made within 3 days of the Settlement Date in the Agreement, settlement for the Property would have to occur after the Settlement Date stated.Buyer and Seller are advised that the APR may change by more than.125 percent based on factors including,-but not limited to,Seller credits,changes in loan amount or duration,and Settlement Date change.If the Buyer and Seller agree to modify the Settlement Date in response to the TIL statement waiting period,or for any other reason,it should be done by mutual written agreement of the parties. Back Buyer Initial / Revised Revised I/12 Seller Initials /. Produced with ripFortnei bytolsobc 18070 Mean Mile Road,Fraser,Michigan 48028 mydiamkom 124 Summer Ln • • SEWAGE NOTICES(Paragraph 10:Seller Representations) NOTICES PURSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT NOTICE 1: THERE IS NO CURRENTLYEXLSTING COMMUNITY SkIWAGE SYSTEM AVAILABLE FOR THE SUBJECT PROPERTY. Section 7 of the Pennsylvania Sewage Facilities Act provides that no person shall install,construct,request bid proposals for construction,alter,repair or occupy any building or structure for which an individual sewage system is to be installed, without that obtaining a permit.Buyer is advised by this notice that,before signing this Agreement,Buyer shotdcbcontact the local agency charged with administering the Act to deferable the procedure and requirements for obtaining apermit for an individual sewage system.The Iocal agency charged with administering the Act will be the numicipality where the Property is located or that municipality worlring cooperatively with others. NOTICE 2: THIS PROPERTY IS SERVICED BY AN INDIVIDUAL SlvWAGE SYSTEM INSTALLED UNDER TILE TEN-ACRE PERMIT EXEMPTION PROVISIONS OF SECTION 7 OF TH ,PENNSYLVANIA SEWAGE FACII.PTlEs ACT. y `;:'° (Section 7 provides that a permit may not be required before installing,constructin6awaran a contract for construction, vJJ^ R.•,l � altering repairing or connecting to an individual sewage system where -acreipa MO.s subdivided from a parent tract after January 10,1987).Buyer is advised that soils and site teftneverenot conducted hd that,should the-system malfunction,the owner ofthe Property or properties serviced a se em time''1- ction may be held liable for any contamination,pollution,public health hazard ora�cbavlri o°'nrs asaaesii1t NOTICE 3: THIS PROPERTY IS SERVICED BY A,RO •1 I r TANK OR TEMPORARY) TO WHICH SEWAGE IS CONVEYED BY A M 2 STEM AND WHICH IS DESIGNED AND CONSTRUCTED TO FACILITAT IIMAT I o AT b?THE SEWAGE AT ANOTHER SII'E. Pursuant to the Pennsylvania Sewage 'vies Act, eUer&rovide a history of the annual cost of maintaining the tankfromthe date of its install i6a orDece'drber 14,1§ whichever is later. NOTICE 4: AN INDIVIDUAL SWAGE T •BEEN INSTALLED AT AN ISOLATION DISTANCE FROM A WELL THAT I; SSTHAN ISTANTCE SPECIFIED BY REGULATION. The regutitions antIPLikedg.1734,Pertaining to minimum horizontal isolation distances provide guidance.Subsection (b)of§73" tat i�$f horizontal isolation distance between an individual water supply or water supply system suit on'1 `u an treatment tanks shall be 50 feet Subsection (c) of§73.13 states that the horizontal isolation distance between the individual water supply or water supply system suction line and the perimeter of the absorption area shall be 100 fete NOTICE S: THIS LOT IS WITHIN AN AREA IN WHICH PERMIT MUTATIONS ARE IN EFFECTAND IS SUBJECT TO THOSE LIMITATIONS. SEWAGE FACQ.ITIES ARE NOT AVAILABLE FOR THIS LOT- AND CONSTRUCTION OF A.STRUCTURE TO BE SERVED BY SEWAGE FACILITIES MAY NOT BEGIN UNTIL THE MUNICIPALITY COMPLETES A MAJOR PLANNING REQUIREMENT PURSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT AND REGIILATIONS PROMULGATED THEREUNDER. • • Buyer Back of Page 2 Revised I/1Z Seller Duda s: / Peducea14azipFcm,e brapLOebc19o7O Mew Mile Road.Fraser.Michigan 48028 www.entoaixcan 124.SumrnerLn NOTICES REGARDING LAND USE RESTRICTIONS(Paragraph 10:Seller Representations) NOTICE PURSUANT TO THE PENNSYLVANIA RIGHT-TO-FARM LAW(3.P.S.§951-957) The property you are buying may be located in an area where agicultural operations tab place.Pennsylvania protects agricultural resources for the production of food and agricultural products.The law limits circumstances where normal agricultural operations may be subject to nuisance lawsuits or restrictive ordinances. FARMLAND AND FOREST LAND ASSESSMENT ACT(CLEAN AND GREEN PROGRAM)(72 P.S.§5490.1 at seq.) Properties enrolled in the Clean and Green Program receive preferential tax assessment Notices Required by Seller:A Seller of Property enrolled in the Clean and Green Program must submit notice of fire sale and any proposed changes in the use of Seller's remaining enrolled Property to the County Assessor 30 days before the transferoftitle to Buyer. riy�'..a y 4r- '. Notices Required by Buyer:A Buyer of Property enrolled in the Clean and Green Pro gram �ntiree of any proposed changes Buyer intends to make in the use of the Property being purchased to the County Assessor boy''o dertakmg any changes. Loss of Preferential Tax Assessment The sale of the Property enrolled init;,,rStititt andrakeetii`Progc �n4"resalt in the loss of program enrollment and the Loss of preferential tax assessment for the Propertyrao¢td a Iawhich- '. a part and from which it is being separated.Removal from enrollment in the Clean and Green Program may in the-charger ok taxes and interest.A roll back tax is the difference m the amount of taxes paid under the program thth1 be taxes that wou51 `: ee paid in the absence of Clean and Green enrollment The roll-back taxes are charged for each yeat,thattkeProreitytaisrprollealnthiprogremr,limited to the past 7 years. Buyer and Seller have been advised of the need to��the1�rit�p�ons that will or may result from the sale of the Property to Buyer or that may result in the fature .n t:in ny `auge in.se of the Property or the land from which it is being separated by contacting the County TaxAssessme Uffce `ef6re the gntion ofthis Agreement of Sale. -cam " OPEJ PACE ACT 32 P.S.§5001 et seq. r• Sf' This Act enables counties ixi,' owners of land designated as farm,forest,water supply,or �t: C�,�°N 8nabed �PPY open space]and on an adopted municipal,county or' onaor the purpose of preserving the land as open space.A covenant between the owner and county is bindinz upon any Buyer of th"., roperty during the period of time that the covenant is in effect(5 or I0 years).Covenants automatically renew at the end ofthe covenant pefiodunless specific te urination notice procedures are followed Buyer acknowledges that tin purchase of Property for which there is a covenant will not extinguish the covenant and thata change inthe use of the land to any other•use other than that designated in the covenant will constitute a breach.When a breach of the covenant occurs,the then-owner is required to pay roll-back taxes and interest.A roll-back tax is the difference in the amount of taxes paid and the taxes that would have been paid in the absence of the covenant The roll-back taxes are charged for each year that the covenant,limited to the past 5 years. Property was subject to the Buyer has been advised of the need to determine the restrictions that will apply from the sale of the Property to Buyer and the tax implications that will or may result from a change in use of the Property,or any portion of it Buyer is further advised to determine the term of any covenant now in effect • • Back Bnyer3nitial5C P 3/ Revised I/112 Seller i :ar (dl k// Produced vat ziPFFonnekrziPLogbc 18070 men(Me Road,Fraser.re'iddgarr48026 www.aetookcom 124`StanmerLn NOTICES REGARDINGPROPERTY&ENVIRONMENTAL INSPECTIONS (Paragraph 12:Inspections) Exterior Insulation and Finish.Systems(ENS):Binerior Insulation andFmish Systems—sometimes referred to as synthetic stucco—are multi-layered wall systems applied to the exterior of some homes.Poor or improper installation of EIFS may result in moisture penetrating the surface of a structure where it may cause damage to the building's frame.Leakage most frequently occurs near doors and viindows, gutters,the roof connection and at the lowermost edge of the exterior surface.Vulnerability to leakage depends on structure design as well as the expertise and application skills of the contractor.Damage caused by water intrusion may be both extensive and expensive to repair but may go undetected in the absence of an adequate inspection Buyers purchasing homes with EIFS construction may seek to engage an inspector experienced in testing for EIFS-related problems who can determine the moisture content of the building's frame. Asbestos:The heat-resistant and durable nature of asbestos makes it useful in construction.The physical properties that give asbestos its resistance to heat and decay are linked with several adverse health effects.Asbestos can easily break into microscopic fibers that remain suspended in the air for long periods of time.When inhaled,these fibers easily penetrate body tissue.Asbestos is known to cause Asbestosis and various forms of cancel:Inquiries or requests for more information about asbestos can be dhrectz btod F.S.Environmental Protection Agency,Mel Rios Building,1200 Pennsylvania Ave.,N.W.,Washington,D.C.20460,and/or the Dcpaiaient of Health,Commonwealth of Pennsylvania,Division of Environmental Health,Harrisburg,PA 17120. •Electromagnetic Fields:Electromagnetic Fields(E1+4Fs)occur around all electrical:.,,;liaucesOnd power I es.`Conclusive evidence that Ivaniahasnolaws .t �" `r r'•`• EMFs pose health risks does not exist at present,and Pemsy �r�r,�� • '''". r: •+lei a ha ar- the use and disposal of whieh are Environmental Hazards:The U.S.Environmental Protection • •�� ha�a list of ces, drip restricted by law. Generally,if hazardous substances are found'. y , qty,it is tlic ro•y;• owner's responsibility y to dispose of them properly.For more information and a list of hazardous substances,`Co"tac i"e•U S Protection Agency,Arid Rios Bmldmg, 1200 Pennsylvania Ave,N.W,Washington,D.C.20460,)260-200_ ever -. ` ^d wish to hire an environmental engineer to Investigate Wetlands:Wetlands are protected by�e��d ga��may whether the Property is located in a wetT s area•°' 41•pennits for plans to build,improve or develop the property would be affected or denied because of its loon m` ':wetlan.- _- Mold,Fungi and Indoor © aTi fn of contammation and the inhalation of bioaerosols(bacteria mold spares, and `�a +✓.�b;4..rr/-' l""""°"`y Spores,pollen have been associate :. .-• ergrc responses including upper respiratory congestion,cough,mucous membrane irritation,fever, chills, muscle ache or otiu�` '• lam ion or allergy. Claims have been asserted that exposure to mold contamination and bioaerosols has led to serious m ctnoa,immrmosnppression and illnesses of neuro or systemic toxicity.Sampling of indoor air quality and other methods exist to detemmndilie presence and scope of indoor contamination.Because individuals may be affected fitly,,or not affected 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 Sr 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.20013-7133,1400-4384318. Radon:Radon is anaatural,radioactive gas That is produced in the ground by The normal decay of uranium and radium.Studies indicate that extended exposure to high levels of radon gas can increase the risk of hog cancer.Radon can find its way into any air-space and can permeate a structure.If a house has a radon problem,it usually can be cored by increased ventilation 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 firms is available through Department of Environmental Protection,Bureau of Radiation Protection, 13th Floor,Rachel Carson State Office Building,P.O.Box 8469,Hanisburg,PA 17105-8469, (800)23RADON or(717)783-3594.www.epa.gov NOTICES REGARDING RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT (Paragraph 12:Inspections) Lead-Based Paint Hazards Disclosure Requirements(for properties bunt before 3978):The Residential Lead-Based Paint Hazard Reduction.Act requires any Seller of property built before 1978 to provide the Buyer with an EPA-approved lead hazards information pamphlet titled Protect Your Family from Lead in Your Home and to disclose to the Buyer and the broker(s)the known presence of lead based paint and/or lead-based paint hazards in or on the property being sold,along with the basis used for determining that the hazards exist,the location of the hazards,and the condition of painted surfaces.Any Seller of a pre-1978 structure must also provide the Buyer with any records or reports available to the Seller regarding lead-based paint and/or lead-based paint hazards in or about the property being sold, the common areas,or other residential dwellings in multi-family housing.Before a Buyer is obligated to purchase any housing constructed prior to 1978,the Act requires the Seller to give the Buyer I0 days(unless Buyer and Seller agree in writing to another time period)to conduct a risk asses or inspection for the presence of lead-based paint and/or lead-based paint hazards.The opportunity 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 in 1978 or later is not subject to the Act. Buyer bmitialx / Back ofPage4 Seller Initials: IA• / _ Revised 1/12 Fractured with zlpr•ermele bye/Anglia 180 70 Fifteen Mile Road,Fraser,Mdtgan 48026 ZetailLaNksgal 124 SummerLn I _ LEAD WARNING STATEMENT(FOR PROPERTIES BUILT BEFORE 1978)Every purchaser of any interest in residential zeal 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, inclu'ng 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 paintliazards 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. NOTICE REGARDING THE ROME INSPECTION LAW(68 Pa.C.S.A.§7501,et seq) (Paragraph 12:Inspections) 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 TH4ONIE AND NOT MORE THAN FOUR RESIDENTIAL DWELLING UNITS are involved.(See Notice Regarding The Real Estate l;el(br 3isclosure Law(exceptions 1-8) for a list of exceptions to this general rule.) 4, 5s.- The following definitions are taken from t'betext of the Home Inspection Law 0,0 7.. YA J3 its= Home Inspection:A non-invasive,visual examination of some combinatc 1 Mie Enti cal,.ale idr or plumbing systems or the structural and essential components of a residential dwelling designed l e y an •defects m1hose systems and components,and performed for a fee in connection with or preparation for a pr os or ossrble reside Late transfer_The term also includes any consultation regarding the property that is represented to be adw on or tho se by any confusingly similar term.The term does not include an examination of a single system or co'#oaent ofaesYal�.�dg such as,for example,its electrical or plumbing system or its roof.The tern also does not include as on t ai s irmrtdd'to inspection for,or o$ one or more of the following wood-destroying insects,underground tom. Us,septi c,temis,sgf lining pools and spas,alarm systems,air and water quality,Dennis courts and playground equipment,poliutan£ tai xic emrcals ad lenvironmental hazards.The scope of a home inspection,the services to be performed and the systems and conditi be**fated or tigOtuded from inspection may be defined by a contract between the home inspector and the client `n `'' Home inspection Repo rr' regport c3ae of ahotne inspection. LfrR�.r< A home inspection report b_ (1) A description of the ..a of the inspection,including without limitation an identification ion of tine structural elements,systems and subsystems covered report (2) A description of any material defects noted during the inspection,along with any recommendation that certain experts be retained to determine the extent of the defects and any corrective action that should be taken. A"material defect"that poses an unreasonable risk to people onthe property shall be conspicuously identified as such. A home inspector chatl not minus either orally or in writing an estimate of the cost to repair any defect found during a home inspection, except that such an estimate may be included inahome inspection report it (1) the report identifies the source ofthe estimate; (2) tine estimate is stated as arange of cosh and (3) the report states that the parties should consider obtaining an estimate from a contractor who performs the type ofrepair involved. . Seller shall have the right;upon request;to receive without charge a copy of any inspection.report from the party for whom it was prepared. Home inspector:An individual who performs a home inspection. National home inspectors association:Any national association ofhome inspectors That (1) Is operated on anot for-profitbasis and is not operated as afiancirise. (2) Has members in more than ten.states. (3) Requires that a person may not become a full member unless the person has performed or participated in more than 100 home inspections and has passed a recognized or accredited examination testing knowledge of the proper procedures for conducting a home inspection. (4) Requires that its members comply with a code of conduct and attend continuing professional education classes as an ongoing condition ofinembership. A Buyer shall be entitled to rely in good faith,without independent investigation,on a written representation by a home inspector that the home inspector is a full member in good standing ofa national home inspection association. • Material defect A problem with aresidential real property or any portion of it that would have a significant adverse impact on the value of the property or that involves an unreasonable riskto people on the property.The fact that a structural element,system or subsystem is or beyond the end oftbe normal useful life of such a structural element;system or subsystem is not by itself a material defect T,,itiai�� Back ofPageS Bayer / Revised 1/I2 SellerT minim- A)I +i Produced watt ajar-woe byepLogbt18070 Fifteen Milefoad,Fraser.Vi MOM YearAplaahman 4StmmmerLn NOTICES REGARDING CONDOMIN UMS AND PLANNED COMMUNITIES - (Paragraph 15:Condominium/Planned Community(Homeowner Association)Resale Notice) Definition of a Condominium The Uniform Condominium Act defines a"condomiciunn"as real estate,portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions.Real estate is not a condominiums unless the undivided interests in the common elements are vested in the unit owners. Definition of a Planned Community The Uniform Planned Community Act defines a`Manned community"as real estate with respect to which a person,by virtue of ownership of an interest in any portion of the real estate,is or may become obligated by covenant,easement or agreement imposed on the owner's interest to pay any amount for real property taxes,insurance,maintenance,repair;improvement management administration or regulation of any part of the real estate other portion or interest owned solely by the person.The term excludes a cooperative and a condominium,but a cooperative or condominium may be part of a planned community.For the purposes of this definition,"ownership"includes holding a leasehold interest of more than 20 years,including renewal:options,in real estate.The term includes non-residential campground communities. Exemptions from the Uniform Planned Community Act and the Uniform Cow ii1'iium Act:of Resale Is Not Required.. When a The owner of a property located within a planned community is nowt required to ftnxrish th l r i 'date of resale ruder the following circumstances: !-i.' '-s.✓ (1) The Planned Community contains no more than 12 units,provided there is no„postyrifialcting reeliesteWer subdividing units to increase the size ofthe Planned Community. (2) The Planned Community/Condominium is one in which all of the units—, a resfrictee enclasiy.6 to non-residential use,unless the declaration provides that the resale provisions are nevertheless to be followed3N _ V14-5.111' (3) The Planned Commuity/Condominium or units are loc ated u ldetire:;'C-ommonu h of Pthnsylvania (4) The transfer of the vnitas a gratuitous transfer. %�• (5) The transfer ofthe unit is required by court order. for px (6) The transfer ofthe unit is by the go ••■■!,.a ernmental agency (7) The transfer ofthe unitisthe result of three' Ait,kink lien reclosure. Notices arding.t lic Off nngStatements and Right to Rescission If Seller is a Declarant of the condommiva'l ,pl a"`ed coy,Seller is required to Finnish Buyer with a copy of the Public Offering Statement and its amendments.For condominiums,‘ f i •• liagifering Statement must be made no later than he date the Buyer executes this Agreement. Buyer them "S �� provide the the Public Offering Statement and any amendments that materially and adversely affect Buyer• planned c':••.._: pro Buyer copy of the Public Offering Statement and its amendments no later than the date the Buyer executes this Agneemeiuyerimhy cancel this Agreement within 7 days after receiving the Public Offering Statement and any amendments that materially and adversely affect Buy'd"rf NOTICES REGARDING RECREATIONAL CABINS(Paragraph 16:Title,Surveys&Costs) The following definitions and requirements are taken from the Pennsylvania Constructions Code Act(35 P.S.§7210.101 et.seq.) - A Recreational Cabin is a structure which it (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 apiece of employment (6) Not a mailing address for bills and correspondences and (7) Not listed as an individual's place ofresidence on atax return,driver's license,car registration or voter registration. • A recreational cabin may be exempt from the provisions of the Pennsylvania Construction Code Act it (I) The cabin is equipped with at least one smoke detector,one fire extinguisher and one carbon monoxide detector in both the kitchen and sleeping quarters;and (2) The owner of the cabin files with the municipality either. (a) An affidavit on a form prescribed by the Pennsylvania Department of Labor and Industry attesting to the 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 authorized to do business in this Commonwealth, stating That the structure meets the definition of a`recreational cabin"as defined in Section 103 ofthe Act If a recreational cabin is subject to exclusion from the Pennsylvania Construction Code Act,upon transfer of ownership of the recreational cabin, written notice must be provided in the sales agreement and the deed that the recreational cabin: (1) Is exempt from this Act (2) May not be in conformance with the uniform construction code;and (3) Is not subject to municipal regulation. Failure to comply with this notice re gquirement shall render the sale void attic optiotrofthe purchaser: • • Buyer i � Sellerinifitft 6E1 / Revised Produced loft zipFormse byz LA9a 18070 Fifteen Mta Road,Facer,Mi t gart48025 mragisstuaa • •SruamerLn NOTICES REGARDING PRIVATE TRANSFER FEES(Paragraph 16:Title,Surveys&Costs) In Pennsylvania,Private Tiansfer Fees are defined and regulated in the Private Transfer Fee Obligation Act(Act 1 of 2011;68 Pa.C.S.§§8101,et.seq.)„ which defines a Private Transfer Fee as"a fee that is payable upon the transfer of an interest in real property,or payable for the right to make or accept the transfer,if the obligation to pay the fee or charge runs with title to the property or otherwise binds subsequent owners of p=ope rty,:regardless of whether the fee or charge is a foxed amount or is determined as a percentage of the value of the property,the purchase price or other consideration given for the transfer."A Private Transfer Fee must be properly recorded to be binding,and sellers must disclose the existence of the fees to prospective buyers.Where a Private Transfer Fee is not properly recorded or disclosed,the Act gives certain rights and protections to buyers. NOTICES REGARDING MEDIATION(Paragraph 24:Mediation) HOME SELLERS/HOME BUYERS DISPUTE RESOLUTION SYSTEM RULES AND PROCEDURES 1. Agreement of Parties:The Rules and Procedures of the Dispute Resolution System(DRS)apply when the parties have agreed in writing to mediate under DRS.The written agreement can be achieved by a standard dance in an agreement of sale,an addendum to an agreement of sale,or through a separate written a;reement 2. Initiation of Mediation:If a dispute exists,any party may start the mediation process by submitting a completed Request to Initiate Mediation DRS Transmittal Form(Transmittal Form)to the local Association of REALTORS®(hereafter Administrator").The Transmittal Form should be available through the Administrator's office.The initiating party should try to include the following information when sending the completed Transmittal Form to the Administrator. • a. A copy of the written w `L' py agreement to mediate if there is one,OR a request by the initiating pa�'�e the Administrator contact the other parties to the dispute to invite them to join the mediation process. b. The names,addresses and telephone numbers of the parties involved in the err disp .�'' g ,,'�:. in3'insoiaace company known to have received notice ofthe dispute or claim and the corresponding file or claim ����. c. A brief statement ofthe facts ofthe dispute and the damages or relief soughtu �' � 3. Selection of Mediator:Within five days of receiving the completed Tirrrisa� 3�Fo the A�a�ini send each party to the dispute a copy of the Transmittal Form and a list of qualified mediators and their fee schedule ch party to review the list of mediators,cross off the name of any mediator to whom the party objects,and reit=the list,t6' uiimshator.T ie A li or will appoint the first available mediator who is acceptable to all parties involved. r -.�`id'° - A mediator who has any financial or personal interest in s ' or ttie meal ' e mediation cannot serve as mediator to that dispute,unless all parties are informed and give their written conseaf{` 4. Mediation Fees:Mediation fees will be divid amDug the es and will be paid before the mediation conference.The parties will follow the payment terms contained in fie mediatr s tc'hedule. 5•z S. Time and Place of Mediation.Conference:NO:iiiia ten d_a ``•f being appointed to the dispute,the mediator will contact the parties and set the date,time and place of the mediation con �`'"ce. gift?n eat least twenty days'advance notice to all parties.The mutation conference should not be more than sixty days fromthen?eier' �fi.oft to the dispute. 6. Conduct of Mediation Conferenire Thee•..*acs attending the mediation conference will be expected-to:a. Have the authority to.�and sign abinding settlement to the dispute. b. Produce all information reged for the mediator to understand the issues of the dispute. The information may include;relevant written materials, descriptions of witnesses and the content of their testimony.The mediator am requite the parties to deliver written materials and information before the date of the mediation conference. The mediator presiding over the conference: • a. Will impartially conduct an orderly settlement negotiation. b. Will help the parties define themetters in dispute and reach amutually agreeable solution. c. Will have no authority to render an opinion,to bind the parties to his or her decision,into force the parties to reach a settlement. Formal rules of evidence will not apply to the mediation conference. 7. Representation by Counsel:Any party who intends to be accompanied to the mediation conference by legal counsel will notify the mediator and the other parties ofthe intent 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 n any admissions made during the course of the mediation;any proposals or opinions expressed by the mediator;and any responses given by any party to opinions,suggestions,or proposals. No privilege will be affected by disclosures made in the course of the mediation. Transcripts or recordings ofthe mediation will not be allowed-without lhe prior,written consent of all parties and the mediator. Records,reports,and other documents received or prepared by the mediator or Administrator cannot be compelled by an arbitration,judicial,or other proceeding,with the exception of an agreement that was reached in the course ofinediation and signed by all the parties. Neither the mediator nor the Administrator can be compelled to testify in any proceeding regarding information given or representations made either in the course of the mediation or in any confidential conmmmication. 9. Mediated Settlement:When a dispute is resolved through mediation,the mediator will put the complete agreement in writing and all parties will sign the written agreement within ten days of the conclusion of the mediation conference.Every reasonable effort will be made to sign the written agreement at the end ofthe conference. 10.Judicial Proceedings and Immunity:NEITHER TEE ADMINISTRATOR Try MEDIATOR,THE NATIONAL ASSOCIATION OF REALTORS THE PENNSYLVANIA ASSOCIATIONOF REALTORS®, NOR-ANY OF ITS MEMBER BOARDS,WILL BE DEEMED NECESSARY OR INDISPENSABLE PARTIES IN ANY JUDICIAL PROCEEDINGS RELATING TO MEDIATION UNDER MESE RULES AND PROCEDURES,NOR WILL ANY OF Mat SERVING UNDER TR'SE-PROCEDURES BE LIABLE TO ANY PARTY FOR ANY ACT,ERROR OR ceassiON at co nascric&wren ANY SERVICE OR TEE oPERATICN OF ME HOME SEIZES/HOME BUYERS DISPUTERESOWtIO(NSYSIEM. BuyerInitials0 ll_i Back ofPage 7 Seller Initial=(�dI/� Revised Produced w rleForme tag zieLcsic 18070 r hue Road,F rh raser.Michigan 4eo 124 StrmmerLn • NOTICES REGARDING THE REAL ESTATE SELLER DISCLOSURE LAW (Page II:Signature Page) The Real Estate Seller Disclosure Law requires that before an agreement of sale is signed,the Seller in a residential real estate transfer mast make certain disclosures regarding the property to potential Buyers in a form defined by the law.A residential real estate transfer is defined as a•sale, exchange, installment sales contract lease with an option to bay,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. The Law defines anumber of exceptions where the disclosures do not have to be made: 1. Transfers that are the result of a.court order. 2. Transfers to a mortgage lender that result from aBuyer's default and subsequent foreclosure sales that result from default 3. Transfers from a co-owner to one or more other co-owners. 4. Transfers made to a sponse or direct descendant. 5. Transfers between spouses that resaltfrom divorce,legal separation or property settlement 6. Transfers by a corporation,partnership or other association to its shareholders,partners or other equity owners as part of aplan of liquidation. 7. Transfer of a property to be demolished or converted to nonresidential use. 8. Transfer of unimproved real property_ %"" 9. Transfers by a fiduciary during the administration of a decedent estate,guardianship, Slip P •. - • �• 10. Transfers of new construction that has neverbeen occupied wherc :•"'x- �,�- '•.'��-• , a The Buyer has received a one-year warranty covering the const action; b. The building has been inspected for compliance with the applicable b ffdmg 4• recognized model brnhcl"L and 2,0401-Alp c. A Certificate of occupancy or a certificate of code compliance is genissnedfor•i •. -i In.addition to these exceptions, �' particular umt(s).Disclosures regarding common ceptions,di�Iosares for condamriaiums and co ,u •teil,�c ►au areas or facilities are not required,as those elements are already. a w a • io the resale of condominium and cooperative;interests. • 4 � ✓r"� f,1,, ay• ' ;,j' • • Bayer Initiais l Back fag 8. Shcerr Revised Pmdixed we'ziPReme byzipLogbC 18070 Fdteen Mae Road,Fraser.Mehigan 42026 www,zblogix nom 124 S4mlmerl a NOTICE OF TERMINATION OF AGREEMENT OF SALE TER m,is r mn rcrommcndal and appmv.tt for.but not marickrl to use by,tttc mnul>ur or the I'nmsylvnnb,As acintitm of REALTORS'(PAR). PROPERTi' 124 SUMMER LANE I MECHANICSBURG,PA 17025 SELLER BHIAN ANU JE NII-tH WALFUN BUYER OHNELLA HUSSU DATE OF AGREEMENT 4.1,13 0 BUYER TERMINATES THE AGREEMENT OF SALE based on, but not limited to, the terms of the Agreement of Sale at Paragraph(s) and/or the terms of the _ Addendum to the Agreement of Sale at.Parngraph(s) Seller may market the Property and accept offers from other buyers. rgi SELLER TERMINATES THE AGREEMENT OF SALE based on, hut not limited to, the tenns of the Ag6reement of Sale at Paragraph(s) 4 anti/or the terms of the PRE-SETTLEMENT"POSESSION(PRE) Addendum to the Agreement of Sale at Paragraph(s) I. The terminating party(Buyer or Seller)is advised to consult legal counsel before tenninating the Agreement to determine whether they have the right to terminate and the possible consequences of terminating,including whether the Seller has the right to market the Property and accept offers from other buyers.The patty(Buyer or Seller)receiving this Notice of Termination is also advised to consult legal counsel to determine the other party's right to terminate,the consequences of termination and arty rights to prevent termination. 2. Regardless of the apparent entitlement to deposit monies,Pennsylvania law does not allow a Broker holding deposit monies to deter- • mine who is entitled to the deposit monies when settlement does not occur. Upon termination of an agreement of sale,the Broker can only release the deposit monies: (A) If there is no dispute over entitlement to the deposit monies.Buyer and Seller agree that a written agreement signed by both par- ties is evidence dun there is no dispute regarding deposit monies. (B) According to the terms of a written agreement signed by theBuyer and Seller directing Broker how to distribute some or all of the monies. (C) According to the terms of a final order of court. (D) According to the terms of a prior written agreement between Buyer and Seller that directs the Broker how to distribute the deposit monies if there is a dispute between the parties that is not resolved. Buyer and Seller agree that if any broker or affiliated licensee is joined in litigation regarding deposit monies,the attorneys'fees and costs of the broker(s)and licensee(s)will be paid by the party joining them. THIS TERMINATION IS NOT CONTINGENT ON THE PARTIES SiGNiNG AN AGREEMENT OF SALE RELEASE OR AN AGREEMENT REGARDING THE DISTRIBUTION OF DEPOSIT MONIES. TERMiNATIN WITNESS • PARTY —1 :. DATE 57Z4o/? TERMINAL I • WITNESS PARTY r DATE 14JI /Alf/ AGREEMENT OF SALE RELEASE AND D/ BUTION OF DEPOSIT MONEY RELY This lot,,,rcconmtctukd and npproncd for,bit not restricted to into by,SK mambas of Ow Pennsylvania Association nrREAUORS•(PAIL). PROPERTY 124 SUMMER LANE t MECHANICSBURG,PA 17050 SELLER B LI UN BUYER URNELLA RUSSO _ (DATE OF AGREEMENT 4.1.13 • DEPOSIT MONEY HELD BY "GOEDWtt-I-BANKEWHONIESTEAU taHOUP btLtlr I VHUt-t5S1ONAL5 1. Buyer and Seller entered into an Agreement of Sale to purchase the Property identified above.Buyer and Seller release,quit claim and forever discharge EACH OTHER,ALL BROKERS,their LICENSEES,EMPLOYEES and any OFFICER or PART- NER of any one of Ihent and any other PERSON,FIRM or CORPORATION who may be liable by or through them,from any and all claims,losses or demands set forth in the Agreement of Sale as well as those arising from or relating to the Agreement of Sale. The deposit money paid on account of the purchase price will be distributed as set forth below. 2. DEPOSIT MONEY PAID ON ACCOUNT OF PURCHASE PRICE S 2'000 DISTRIBUTION OF DEPOSIT MONEY: TO SELLER S 2•000 TO BUYER S Buyer and Seller intend to be legally bound by this Agreement of Sale Release and Distribution of Deposit Money. WITNESS BUYER DATE WITNESS BUYER DATE WITNESS RUL,ER DATE WITNESS SELLER A! _._.__ DATE S®Zo/ WITNESS SELLER /AY [F' DATE WI'T'NESS SELLER DATE COP\RICt1T PF.NNSYI.VANIA ASSOCIATION Or REALTORS*201 7111 nit? I Pennsylvania Association of REALTORS' - i ,:11i3, E13 Ary11$ (" i '� hSE( �l,r: UHDEFiLANLJ PENNSYLVANIA Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717)245-4089 : IN THE COURT OF COMMON PLEAS BRIAN SCOTT WALTON and : CUMBERLAND COUNTY. JENNIFER KATE WALTON : PENNSYLVANIA Plaintiffs : CIVIL ACTION—IN LAW v. : NO: 2013-6421 ORNELLA RUSSO Defendant : CIVIL TERM PRAECIPE TO ENTER APPEARANCE To The Prothonotary: Please enter my appearance for Defendant Ornella Russo, in the above captioned matter. Respectfully submitted, 'dire • Date: January 13, 2014 Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717)385-1866 Attorney for Defendant 4 i'_ 4 I 3 j Y Lit 1E,fit I t Fri` Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717)245-4089 : IN THE COURT OF COMMON PLEAS BRIAN SCOTT WALTON and : CUMBERLAND COUNTY. JENNIFER KATE WALTON : PENNSYLVANIA Plaintiffs : CIVIL ACTION—IN LAW v. : NO: 2013-6421 ORNELLA RUSSO Defendant : CIVIL TERM NOTICE TO PLEAD To: Brian Scott Walton and Jennifer Kate Walton 221 Dunbar Drive Mechanicsburg, PA 17050 You are hereby notified to plead to the within New Matter, within twenty days from service hereof, or a default judgment may be entered against you. Very respectfully, ,a fu Date: January 13, 2014 DOUGLAS C. LOVELACE, JR., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Defendant : IN THE COURT OF COMMON PLEAS BRIAN SCOTT WALTON and : CUMBERLAND COUNTY. JENNIFER KATE WALTON : PENNSYLVANIA Plaintiffs : CIVIL ACTION—IN LAW v. : NO: 2013-6421 ORNELLA RUSSO Defendant : CIVIL TERM DEFENDANT'S ANSWER TO PLAINTIFFS' COMPLAINT WITH NEW MATTER AND NOW comes Defendant Ornella Russo, by and through her undersigned attorney, Douglas C. Lovelace, Jr., Esquire, and respectfully represent as follows, in support of this Answer to Plaintiff's Complaint with New Matter: 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. Defendant admits to signing a document entitled "Standard Agreement for the Sale of Real Estate" and further admits that "Exhibit 1" of Plaintiffs'Complaint is a copy of the document. By way of further answer, Defendant avers that "Exhibit 1" of Plaintiffs'Complaint is a document that speak for itself and denies Plaintiffs' characterization of it as evidencing Defendant's purchase of the real estate known as 124 Summer Lane, Mechanicsburg, Pennsylvania. By way of further answer, Defendant's offer to purchase the said real estate was contingent and conditioned upon Defendant securing mortgage financing, in accordance with the terms stated in paragraph 8(A) of Exhibit 1" of Plaintiffs' Complaint. By way of further answer, Defendant attempted on multiple occasions to secure such mortgage financing but was unsuccessful. Therefore, Defendant never became obligated under the aforesaid Agreement. 4. Admitted. 5. Denied. Defendant avers that the "Standard Agreement for the Sale of Real Estate" presented as "Exhibit 1" of Plaintiffs'Complaint is a document that speak for itself and denies Plaintiffs'averment that the document includes a Mortgage Loan Commitment Letter. 6. Admitted in part and denied in part. Defendant admits that settlement did not occur on May 29, 2013, and that Defendant did not purchase the property. Defendant specifically denies being bound by any agreement to settle on May 29, 2013, since Defendant was unable to secure mortgage financing. Therefore, as provided by paragraph 8 of the "Standard Agreement for the Sale of Real Estate" presented as "Exhibit 1" of Plaintiffs'Complaint, Defendant was neither obligated nor able to settle on May 29, 2013. By way of further answer, Defendant requested that Plaintiffs extend the settlement date to June 21, 2013 to give Defendant more time to secure mortgage financing, but Plaintiffs refused Defendant's request. By way of further answer, Plaintiffs unilaterally terminated the aforementioned Agreement of sale on May 29, 2013. 7. Admitted. 8. Admitted. 9. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of Plaintiffs'averment and the same 2 therefore is denied. By way of further answer, Defendant avers she was never notified of Plaintiffs'intent to mediate the dispute nor of a mediation date, time and location. 10. Admitted. 11. Admitted. By way of further answer, Plaintiffs refused to accept Defendant's offer to equally divide distribution of the of the $2,000.00 deposit money between Plaintiffs and Defendant. 12. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of Plaintiffs'averment and the same therefore is denied. By way of further answer, Defendant was never notified of Plaintiffs'intent to mediate the dispute, nor of the date, time and location of mediation. By way of further answer, Plaintiffs'averment violates paragraph 8, "Notices Regarding Mediation (Paragraph 24: Mediation)," of the "Standard Agreement for the Sale of Real Estate" presented as "Exhibit 1" of Plaintiffs'Complaint. 13. Admitted. 14. Admitted. By way of further answer, Defendant was advised that being a national holiday(Columbus Day), October 14, 2013 was an incorrect date for the District Court hearing, and that she would probably receive a corrected notification of the hearing date. The next notification she received was that a default judgment had been entered against her. 15. Admitted. COUNT I BREACH OF CONTRACT 16. Defendant incorporates by reference her responses to paragraphs 1 through 15 of this Answer, as though stated fully herein. 3 17. Denied. Plaintiffs averment is an incorrect conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that Plaintiffs'averment is determined not to be a conclusion of law, Defendant specifically denies she defaulted on the April 1, 2013 Agreement. By way of further answer, Defendant specifically denies Plaintiffs are entitled to receive the deposit money Defendant paid. WHEREFORE, Defendant respectfully requests that this Honorable Court enter an order dismissing Plaintiffs'Complaint with prejudice, assessing all costs and attorney fees against Plaintiffs, and providing Defendant such other relief as the Court deems just and appropriate. NEW MATTER 18. Defendant incorporates by reference her responses to paragraphs 1 through 17 of this Answer, as though stated fully herein. 19. Plaintiffs and Defendant agreed that Defendant's offer to purchase the real estate known 124 Summer Lane, Mechanicsburg, Pennsylvania was contingent and conditioned on Defendant securing mortgage financing in accordance with paragraph 8 of the "Standard Agreement for the Sale of Real Estate" presented as "Exhibit 1" of Plaintiffs'Complaint. 20. Immediately after signing the "Standard Agreement for the Sale of Real Estate" presented as "Exhibit 1" of Plaintiffs'Complaint, Defendant applied for mortgage financing from Wells Fargo Bank. 21. Wells Fargo Bank denied Defendant's mortgage financing request, on or about March 26, 2013. 22. After receiving Wells Fargo Bank's denial, Defendant applied for mortgage financing through Premier Financial Funding. 4 • 23. On or about March 29, 2013, Defendant received a conditional mortgage loan commitment notification through Premier Financial Funding. 24. On or about April 25, 2013, Defendant received a "Notice of Action taken" from the financial institution with which Premier Financial Funding was working, informing Defendant that her mortgage financing request was denied. 25. On or about April 30, 2013, Premier Financial Funding erroneously issued a conditional mortgage loan commitment letter to Defendant. 26. Subsequently, the intended lender refused to provide the mortgage financing the Defendant requested, explaining that Defendant's credit score was not sufficiently high to allow the loan to be made. The lender further explained that if Defendant paid-down some accounts in order to raise her credit score, she could qualify for the requested mortgage financing. The lender also explained that the process would take some time, since the new account balances would have to be reported to the credit scoring agencies and Defendant's credit score adjusted. 27. After receiving the aforementioned information from the lender, Defendant set about paying down the accounts and requested that Plaintiffs agree to extending the settlement on the property to June 21, 2013, to allow Defendant time to qualify for the mortgage financing. 28. Plaintiffs refused Defendant's request, unilaterally terminated the Agreement they had with Defendant, and demanded that Defendant surrender the $2,000.00 deposit she had paid. 29. At the time Plaintiffs unilaterally terminated the Agreement they had with Defendant, Defendant, despite her best efforts, was unable to secure mortgage financing. 30. Because Defendant was unable to secure mortgage financing at the time Plaintiffs unilaterally terminated the Agreement they had with her, Defendant is excused from any obligation under the "Standard Agreement for the Sale of Real Estate" presented as "Exhibit 1" 5 of Plaintiffs'Complaint, by operation of its paragraph 8, and is entitled to return of her $2,000.00 deposit. 31. Plaintiffs have averred no, nor have they suffered any damages for failure of the aforementioned real estate sale to be completed. 32. On or about May 29, 2013, all parties and their real estate agents were aware that a dispute existed as to who was entitled to distribution of the deposit money paid by Defendant. 33. Plaintiffs initiated litigation of the deposit money dispute on August 12, 2013. 34. Plaintiff's Complaint fails to state a cause of action, upon which relief may be granted. 35. Plaintiff's initiation of this litigation is impertinent and vexatious, thus justifying award of attorney fees and costs to the Defendant. 36. Plaintiff's Complaint is barred or limited by the doctrine of unclean hands. 37. Plaintiff's Complaint is barred or limited by the doctrine of estoppel. 38. Plaintiff's Complaint is barred or limited by the doctrine of release. 39. Plaintiff's Complaint is barred or limited by the doctrine of waiver. 40. Plaintiff's Complaint is barred or limited by the doctrine of justification. 41. Plaintiff's Complaint is barred or limited by the doctrine of impossibility. 42. Plaintiff's Complaint is barred or limited by the doctrine of consent. 43. Plaintiff's Complaint is barred or limited by the doctrine of mistake. WHEREFORE, Defendant respectfully requests that this Honorable Court enter an order dismissing Plaintiffs'Complaint with prejudice, assessing all costs and attorney fees against Plaintiffs, and providing Defendant such other relief as the Court deems just and appropriate. 6 Respectfully j su Ata/�� �t,submitted, L r • %Y r Date: January 13, 2014 DOUGLAS C. LOVELACE, JR., Esquire Attorney for Defendant Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 7 : IN THE COURT OF COMMON PLEAS BRIAN SCOTT WALTON and : CUMBERLAND COUNTY. JENNIFER KATE WALTON : PENNSYLVANIA Plaintiffs : CIVIL ACTION—IN LAW v. : NO: 2013-6421 ORNELLA RUSSO Defendant : CIVIL TERM VERIFICATION The undersigned does hereby verify, subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities, that the facts and circumstances set forth in the foregoing Defendant's Answer to Plaintiffs'Complaint with New Matter are true and correct to the best of her knowledge, information, and belief. Date: January 12, 2014 C Ornella Russo Defendant : IN THE COURT OF COMMON PLEAS BRIAN SCOTT WALTON and : CUMBERLAND COUNTY. JENNIFER KATE WALTON : PENNSYLVANIA Plaintiffs : CIVIL ACTION—IN LAW v. : NO: 2013-6421 ORNELLA RUSSO Defendant : CIVIL TERM CERTIFICATE OF SERVICE I, Douglas C. Lovelace, Jr., attorney for Defendant Ornella Russo, hereby certify that on January 13, 2013, I served a true and correct copy of the foregoing Defendant's Answer to Plaintiff's Complaint with New Matter, upon the below named individuals, by depositing the same in the United States mail, first class,postage prepaid, at Carlisle, Cumberland County, Pennsylvania. SERVED UPON: Brian Scott Walton and Jennifer Kate Walton 221 Dunbar Drive Mechanicsburg, PA 17050 tok re Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Defendant BRIAN SCOTT WALTON and JENNIFER KATE WALTON Plaintiffs ORNELLA RUSSO v. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. : PENNSYLVANIA : CIVIL ACTION — IN LAW : NO: 2013 -6421 : CIVIL TERM PRAECIPE TO DISCONTINUE ACTION ra cz, To the Prothonotary: Please mark this action settled, discontinued, and ended, with prejudice, as to all parties (upon payment of your costs only). Dated:, JZ *Ivey 2v2y %bow -`" es e 46vea.c+e, h• .kp f'38 (7I- 43gr -i (6 David. D. Buell, Prothonotary CD -11 ER KATE WALTON Plaintiffs , 20