HomeMy WebLinkAbout05-0537
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take action within twenty (20) days after
this Complaint and Notice are served by entering a written appearance personally or by
attorney and filing in writing with the Court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case may proceed without
you and a judgment may be entered against you by the Court without further notice for any
money claimed in the Complaint or for any other claim or relief requested by the Plaintiff.
You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP,
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
PARAMOUNT DEVELOPMENT, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
DOCKET NO. O!;" ~ 531
C!.l U ~ l<-r<Vu-f
LEE A. WOODALL,
Defendant
CIVIL ACTION
COMPLAINT
AND NOW, comes the Plaintiff, Paramount Development, Inc., by and through its
attorneys, the Offices of Fenstermacher and Associates, and files this Complaint, and in
support thereof avers the following:
1. Paramount Development, Inc. (hereinafter "Plaintiff') is a Pennsylvania
Corporation with offices at 432 Virginia Road, Mechanicsburg, Cumberland
County, Pennsylvania 17055.
2. Lee A. Woodall (hereinafter "Defendant") is an adult individual residing at 21
West Mulberry Hill Road, Carlisle, Cumberland County, Pennsylvania 17013.
3. Plaintiff is engaged in the business of constructing custom homes.
4. At all times mentioned herein, Plaintiff was the owner of the premises located at
1941 Monterey Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050.
5. On or about July 25, 2002, Plaintiff agreed to sell the premises, on which Plaintiff
was constructing a residence, to Defendant for the sum of $1,100,000.00 in
accordance with the terms of a written agreement of sale (hereinafter
"Agreement"), a true and correct copy of which is attached as "Exhibit A."
6. On the above date, Defendant paid to Plaintiff the sum of $150,000.00 as a
deposit upon execution of the Agreement.
7. The $150,000.00 deposit paid by Defendant was placed into trust with ReMax
Realty Professionals, Inc. (hereinafter "ReMax") and was deposited into a real
estate escrow account at M & T Bank in Carlisle, Pennsylvania.
8. Pursuant to the Agreement, deposit monies were to be released only upon a
release signed by both parties.
9. The Agreement also provided that, in the event of a dispute over entitlement to
the deposit monies, ReMax is required to retain the monies in the escrow
account pending an order of court or written agreement of the parties.
10. On or about September 24, 2002, pursuant to the parties' agreement, the sum of
$25,000.00 was withdrawn from the escrow account and paid to Plaintiff to cover
certain construction related expenses, leaving a balance of $125,000.00 in the
account.
11. Beginning in September 2003 and continuing through October 2003, Defendant
did, on multiple occasions, without authorization and unbeknownst to Plaintiff or
to ReM ax, withdraw funds from the escrow account for his personal use.
12. M & T bank permitted Defendant to withdraw funds from the account, despite the
fact that Defendant was not a signatory on the account.
13. As a result, the balance of the escrow account was reduced from $125,000.00 to
$14,872.61.
14. On or about November 18, 2003, Plaintiff and Defendant acknowledged in writing
that Defendant had withdrawn a total amount of $111 ,000.00 from the escrow
account and authorized ReM ax to release the remaining balance of $14,872.61
at the time of settlement. A true and correct copy of the document is attached as
"Exhibit B."
15. The remaining $111,000.00 was to be paid by Defendant at settlement.
16. Defendant failed to appear at the time and place fixed for settlement or to pay the
balance of the purchase price as required under the Agreement, or to return the
deposit monies that were wrongfully taken from the escrow account.
17. Defendant's actions as set forth above were outrageous and demonstrate an
intentional, willful, wanton and/or reckless indifference to the rights of Plaintiff.
COUNT I
BREACH OF CONTRACT
18. Plaintiff incorporates by reference as though fully set forth all of the averments
contained in paragraphs 1 through 17 of this complaint.
19. At all times, Plaintiff has fully and satisfactorily conformed to and complied with
all of the terms and conditions required of it under the Agreement.
20. Defendant's failure to pay the total amount due under the Agreement and his
unauthorized withdrawal of deposit monies from the escrow account constitutes a
material breach of the Agreement.
21. Defendant has failed and refused to cure the aforesaid breach, despite Plaintiff's
repeated demand to do so.
22. By reason of Defendant's breach, Plaintiff has sustained direct and consequential
damages in the form of delays, increased costs and additional out-of-pocket
expenses.
23. Pursuant to Paragraph 27 of the Agreement, Plaintiff is entitled to all deposit
monies paid by Defendant as liquidated damages for Defendant's breach.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$125,000, which exceeds the compulsory arbitration limitations, plus costs and such
other relief as the Court deems just and proper.
COUNT II
CONVERSION
24. Plaintiff incorporates by reference as though fully set forth all of the averments
contained in paragraphs 1 through 23 of this complaint.
25. By reason of Defendant's material breach of the Agreement, Defendant's
deposit of $125,000 became due and payable to Plaintiff.
26. By his unauthorized withdrawal $111,000 from the escrow account, Defendant
has intentionally deprived Plaintiff of its right to the deposit monies.
27. Defendant is exercising unlawful control over the deposit monies in a manner
that is inconsistent with Plaintiff's rights and interest in the monies.
28. Defendant has refused and continues to refuse to return the deposit monies.
29. Defendant has no right, title or equitable claim to the deposit monies.
30. On information and belief, Defendant does not intend to return the deposit
monies to Plaintiff.
31.As a direct result of Defendant's conversion of the deposit monies, Plaintiff has
been damaged in the amount of $111,000.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$111,000, which exceeds the compulsory arbitration limitations, plus costs and such
other relief as the Court deems just and proper.
Date:
//2C'~~-
I I
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES, P.C.
By:
, (~
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(' )-----7. (-",,~ //
John R. FenstermaCher(S
Supreme Court 1.0. #29940
Shane F. Crosby
Supreme Court 1.0. #92530
5115 EastTrindle Road
Mechanicsburg. PA 17050
(717) 691-5400
Attorneys for Plaintiff
VERIFICATION
I. Krestu Tsenoff, hereby certify and verify that the facts set forth in the foregoing
Complaint are true and correct to the best of my knowledge, information and belief. I
understand that any false statements herein are subject to the penalties of 18 Pa. C. S.
94904 relating to unsworn falsification to authorities.
A -
/':'/
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Krestu T se~~ff
.
DATE:
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STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE
This form recommended and approved for, but nol restricted to use by, the members of the Pennsylvania A%ociation of REALTORS$ (PAR).
AJS-2K
SELLER'S BUSINESS RELATIONSIDP WITH PA LICENSED BROKER
BROKER (Company) RE/~it\X :loaltv. FCJ:C,,::':3sion;:I.J,S. .j' fie; , PHONE
ADDRESS 4T/:~) Linqles~olr.Jr1 Hoad I dnrris:)ucq F!J; 1/11:': FAX
BROKER IS THE AGENT FOR SEI>LER. Designated Agent(s) for Seller, if applicable:
OR
Broker is NOT the Agent for SeUer and is alan: 0 AGENT FOR BUYER 0 TRANSACT/ON LICENSEE
652-4700
652-~111J0
BUYER'S BUSINESS RELATIONSHIP WITH PA LICENSED BROKER
BROKER (Company) [lEiriA;; Real;;)' P"ofE'sS1.Dn~Js, Inc. PHONE
ADDRESS IlTr:) Linuln;o;;,;"~\in Prvdi, ;"<~::'ri~llJu1:q PH 171.12 FAX
BROKER IS THE AGENT FOR BUYER. Designated Agent(s) for Buyer, if applicable:
OR
Broker is NOT the Agent for Buyer and is alan: 0 AGENT FOR SELLER 0 SUBAGENT FOR SELLER 0 TRANSACTION LICENSEE
652-4700
652-5180
When the same Broker is Agent for Seller and Agent for Buyer, Broker is a Dual Agent. All of Broker's licensees are also Dual Agen~ UNLESS
there are separate Designated Agents for Buyer and Seller. H the same Licensee is designated for Seller and Buyer, the Licensee is a Dual Agent.
1. tbis ll\)reemcnt dated ,'u I V ;'5, 2U!'2
SELLER(S): Paramount Deve lopm!3fJ I;" Trlc.
, is between
, caned "SeUer," and
BUYER(S):
LeG A. v,Jond?ll
, called "Buyer."
2. PROPERTY (1-98) Seller herehy agrees to sell and convey to Buyer, who herehy agrees to purchase:
ALL THAT CERTAIN lot or piece of ground with buildings and improvements thereon erected, if any, known as:
lot #~j - 1941 Mont-erey Drive
!~Rmpden Townshj~) in the rtp";j(1'lnpm-Anr- of P1nphllf"~t
County of Cumbe k~ lanrl in the Commonwealth of Pennsylvania, Zip Code
Identification (e.g., Tax ID #j Parcel #j Lot, Block; Deed Book, Page, Recording Date)
3. TERMS (1-02)
(A) Purchase Price
One [vl.illiol_l On>:":} Hundred Th0UGQndaaniJ j.}C:! ,1UCi OallDr's
.1,'1UO.OOO
U.S. Dollars
which will be paid to Seller by Buyer as follows:
1. Cash or check at signing this Agreement:
2. Cash or check within _ days of the execution of this Agreement:
3,
4. Cash. cashier's or certified check at time of settlement
150,OOlJ
$
$
$
$
TOTAL $
(B) Deposits paid on account of purchase price to be held by Broker for Seller, unless otherwise stated here:
950, Cil]U
1,lOO,U(!(J
(C) Seller's written approval to be on or before: jl,uqUtTt, J J ~2(JG2
(D) Settlement to be on /.,,{.::..: ''/ -,...,1,.J ~" ( ) ~ ,or before if Buyer and Seller agree.
(E) Conveyance from Seller will be by fee simple deed of special warranty unless otherwise stated here:
(F) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here:
(0)
At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing where applicable: taxes
(see Information Regarding Tax. Proration); rents~ interest on mortgage assumptions; condominium fees and homeowner association fees, if
any; water and/or sewer fees, if any, together with any other lienable municipal service. The charges are to be pro~rated for the period(s)
covered: Seller will pay up to and including the date of settlement; Buyer will pay for aU days following settlement, unless otherwise stated
here:
,,',"-
4. FIXTURES & PERSONAL PROPERTY (1-00)
(A) INCLUDED in this sale and purchase price are all existing items pennanently installed in the Property, free of liens, including plumbing;
heating; lighting fixtures (induding chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers
and transmitters~ television antennas; shrubbery, plantings and unpotted trees; any remaining heating and cooking fuels stored on the
Property at the time of settlement; wall to wall carpeting; window covering hardware, shades and blinds; built~in air conditioners; built~in
appliances; and the range/oven unless otherwise stated. Also included:
(B) LEASED items (Dot owned by Seller):
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"
50 6. MORTGAGE CONTINGENCY (1,02) ""
fj1 "0 WAIVED. This sale is NOT contingent on mortgage financing. 51
57 0 ELECTED 62
53 (A) This sale is contingent upon Buyer obtaining mortgage financing as follows; 63
1;11 1. Amount of mortgage loan $ 64
65 2. Minimum Term years 6!i
fib 3. Type ofmortg~ge 'q;','~, ~lQ{;;C: 66
'I: 4. Interest rate %; however, Buy~r agrees to accept the interest rate as may be committed by the mortgage lender, not to 67
S8 exceed a maximum interest rate of %. 69
61J 5. Discount points, loan origination, loan placement and other fees charged by the lender as a percentage of the mortgage loan (excluding 69
10 any mortgage insurance premiums or VA funding fee) not to exceed % (0% if not specified) of the mortgage loan. 70
71 The interest rate and fees provisions required by Buyer are satisfied if a mortgage lender makes available to Buyer the right to guarantee an 1\
12 interest Tate at or below the Maximum Interest Rate specified herein with the percentage fees at or below the amount specified herein. Buyer 72
13 gives Seller the right, at Seller's sole option and as permitted by the mortga.ge lender and applicable laws, to contribute financially, without 13
14 promise of reimbursement, to the Buyer and/or the mortgage lender to make the above terms available to Buyer. 74
15 (B) Within _ DAYS (10 days if not specified) of the execution of this Agreement, Buyer will make a completed, written mortgage application/5
16 for the mortgage tenus specified above to a responsible mortgage lender. The Broker for Buyer, if any, otherwise the Broker for Seller, is 76
17 authorized to communicate with the mortgage lender for the purposes of assisting in the mortgage loan process. 77
is (C) 1. Mortgage commitment date :';'~~:i i.~ " .:Ifa written commitment is not received by Seller by the above date, Buyer 76
79 and Seller agree to extend the mortgage commitment date until Seller terminates this Agreement in writing by notice to Buyer. 79
gO 2. Upon receipt of a mortgage commitment, Buyer will promptly deliver a copy of the commitment to Seller. 80
81 3. Seller has the option to terminate this Agreement in writing, after the mortgage commitment date if the mortgage commitment: 81
82 a. Is not valid until the date of settlement, OR 62
83 b. Is conditioned upon the sale and settlement of any other property, OR 83
94 c. Contains any other condition not specified in this Agreement that is not satisfied andlor removed in writing by the mortgage lender 84
85 within ~ DAYS after the mortgage commitment date in paragraph 6 (C) (1). 85
86 4. If this Agreement is terminated as specified in paragraphs 6 (C) (1) or (3), or the mortgage loan is not obtained for settlement, all deposit monies 86
81 paid on account of purchase price will be returned to Buyer. Buyer will be responsible for any premiums for mechanics' lien insurance and/or lJl
a8 title search, or fee for cancellation of same, if any; AND/OR any premiums for flood insurance, mine subsidence insurance andlor fire insur- 88
BIj ance with extended coverage, or cancellation fee, if any; AND/OR any appraisal fees and charges paid in advance to the mortgage lender. 89
90 (D) If the mortgage lender requires repairs to the Property, Buyer will, upon receipt, deliver a copy of the mortgage lender's requirements to Seller. qO
11 Seller will, within -2- DAYS of receipt of the mortgage lender's requirements, notify Buyer whether Seller will make the required repairs 91
92 at Seller's expense. 91.
93 1. If Seller chooses to make the required repairs, Buyer will accept the Property and agree to the RELEASE set forth in paragraph 25 of this 93
94 Agreement. ~4
95 2. If Seller chooses not to make the required repairs, or if Seller fails to respond within the time given, Buyer will, within --2- DAYS, 95
96 notify Sellcr in writing of Buyer's choice to terminate this Agreement OR make the required repairs at Buyer's expense and with Seller's 96
97 permission, which will not be unreasonably withheld. If Seller denies Buyer permission to make the required repairs, Buyer may, within 97
06 ---L DAYS of Seller's denial, terminate this Agreement, in which case all deposit monies paid on account of purchase price win be 9(1
99 returned promptly to Buyer and this Agreement will be VOID. 99
H10 (El Seller Assist 100
101 0 NOT APPLICABLE 101
102 0 APPLICABLE. Seller will pay: 102
103 0 $ , maximum, toward Buyer's costs as permitted by the mortgage lender. 103
1M 0 1M
105 FHAlVA, IF APPLICABLE '.5
1[iu (F) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the purchase of the 106
HI] Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless Buyer has been given, in accor- 107
:[lfl dance with HUDfFHA or VA requirements, a written statement by the Federal Housing Commissioner, Veterans Administration, or a Direct 106
j[t9 Endorsement Lender setting forth the appraised value of the Property of not less than $ (the dollar amount to be 109
1-1a inserted is the sales price as stated in this Agreement). Buyer will have the privilege and option of proceeding with consummation of the con- 110
j 11 tract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the 111
~ 12 Department of Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the Property. Buyer should 112
11:1 satisfy himselffherself that the price and condition of the Property are acceptable. 113
114 Warning: Section 1010 of Title 18, V.S.c., Department of Housing and Urban Development and Federal Housing Administration 114
115 Transactions, provides, "Whoever for the purpose of . . . influencing in any way the action of such Department, makes, passes, utters or pub- 115
115 lishes any statement, knowing the same to be false. . . shaD be fined under this title or imprisoned not more than two years, or both." 116
1'" (G) U.s. Department of Housing and Urbau Development (HUD) NOTICE TO PURCHASERS: Buyer's Acknowledgement '"
:18 0 Buyer has received the HUD Notice "For Your Protection: Get a Home Inspection" (see Notices and Information on Property Condition 1111
11'3 Inspections). Buyer understands the importance of getting an independent home inspection and has thought about this before signing this 1111
1::0 Agreement. un
121 Buyer's initials Date 121
Itz (H) Certification We the undersigned, SeIler(s) and Buyer(s) party to this transaction each certify that the terms of this contract for purchase are 122
lj~J true to the best of our knowledge and belief, and that any other agreement entered into by any of these parties in connection with this transac- 123
1t'4. tion is attached to this Agreement. 124
11' 7. INSPECTIONS (1,02) 125
12fJ (A) Seller agrees to permit inspections by authorized appraisers, reputable certifiers, insurer's representatives, surveyors, municipal officials and/or 126
tn Buyer as may be required by the mortgage lender, if any, or insuring agencies. Seller further agrees to permit any other inspections required by 177
1;;:3 or provided for in the tenns of this Agreement. Buyer has the right to attend all inspections. 128
12(' (B) Buyer reserves the right to make a pre-settlement walk-through inspection of the Property. Buyer's right to make this insoection i~ nnt wnivp,-l ViO
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(CY If Buy"," i, no( sa(;sfi"" wi'h c>" ""',d;' ;','" 'Jf "", ""'Fcr';y as ,'''ed 'n (cOj wri:teD repOlt, Buyer wilI:
" 0pUeJi;. Y\.iH:;~n tile lime given for complet\ug im.pections:
;~'::cept th,_' Pwpcrty \vith the in[oflllat\ch1 "tated in \lll~ r':.OpoJt(:;) and agree to the HJ 'LE.\SE set forth in paragraph 25 of tbis Agreement, OR
'fennillilC this Agreement in writing by notiL~e lu Sdl~r, in ,;...hie], case all ct2posit monies paid on account of purchase price will be returned
prolllptiy i:C Buyer and thlS Agreement wi;! be YOID, OR
Enter iJ1[<:J il ;nutuaUy acc~ptable written agrecmc'lt wilh Seller p;\)vidinL~ fur any repalrs or improvements to the Property and/or any credit
to BU~li;r at settlement, as may be acceptable (0 the mortgage lender, if :::HIY.
StI'Juki d!'0J~~, I.) retch a mutually acceptable i:'.grcement fail, BU}:!f must choose. to accept the Property or temlinate this Agreement within
the tim~ gin'il for tODlpleting inspections and dccording to the provisions in paragraph 8(C) (Option 1) 1 and 2.
o Optk..n 2. \"'jthin the time given for completing inspections:
I. .\c:cept [tlf: Pl'Opel1,'-" with the information stakd in the rep0rt\\) and agI2.\;'" tC' the. RELEASE set forth ill paragraph 25 of this Agreement,
r,NLESS the total cost to correct the conditions contained in the repOlt(c;l is more than $
2. 11' the toted ("uS! to correct the conditions contaim~d in tl1t'. l"t',port(s) EXCEEDS the amount specified in paragraph 8(e) (Option 2) 1,
Buyer wiJJ deliver the report(s) to SeUer within the time given for inspection.
a. SeIler wilL \vithin,~ DAYS of receiving the rcportis), inform HU;.Tf in writing cf Seller's choice to:
OJ Make repairs hefore settlement so that the remaining c,.)st to repair conditions contained in the replJ1t(s) if> less than or equal to
the amount specified in paragraph '6 (C) (Option 2) 1.
(2) Credit Buyer at settlement for the difference between the estimated cost of repairing the conditions contained in the repo11(s)
and the amount specified in paragraph S (C) (Option 2) i. 'nli~ uplion must be acceptable to the mortgage lender, if any.
(3) Not make repalrs and not credit Buyer at settlement for any costs to repair conditions contained in the report(s).
b. If SeHer chooses to make repairs or credit Buyer at settlement as specified in paragraph 8 (C) (Option 2) 2, Buyer will accept the
Property and agree to the RELEASE set fonh in paragraph 25 of this Agreement.
c, If Seller chooses not to make repairs and not to credit Buyer at settlement. or if SeHer fails to choose any option within the time
given, Buyer will, within ~ DAYS;
(1) Accept the Property with the infonnation stated in the report(s) and agree to the RELEASE set forth in paragraph 25 of this
Agreement, OR
(2) Terminate this Agreement in writing by notice to Seller, in which case all deposit monies paid on account of purchase price will
be returned promptly to Buyer and this Agreement will be VOID.
9, WOOD INFESTATION INSPECTION CONTINGENCY (H)2)
o WANED. Buyer understands that Buyer has the option to request that the Property be inspected for wood infestation by a certified Pest Control
Operator. BUYER WAIVES THIS OPTION and agrees to the RELEASE set f01th in paragraph 25 of this Agreement.
o ELECTED
(A) Within _ DAYS (15 days if not specified) of the execution of this Agreement, Buyer, at Buyer's expense, will obtain a written "Wood~
Destroying Insect Infestation Inspection Report" from a certified Pest Control Operator and will deliver it and all supporting documents and
drawings provided by the Pest Control Operator to Seller. The report is to be made satisfactory to and in compliance with applicable laws, mort-
gage lenders, and/or Federal Insuring and Guaranteeing Agency requirements, if any, The inspection will include all readily visible and
accessible areas of all structures on the Property except the following structures, which will not be lnspected:
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HIS (B) If the inspection reveals evidence of active infestation(s), Seller agrees, at Seller's expense and before settlement, to treat for active infesta- lP:;
iH6 tion(s), in accordance with applicable laws. 186
181 (C) If the inspection reveals damage from active infestation(s) or previous infestation(s), Buyer, at Buyer's expense, has the option to obtain a writ- 1{L'
1i\h ten report by a professional contractor, home inspection service, or structural engineer that is limited to structural damage to the Property caused 1BB
W.j by wood-destroying organisms and a proposal to repair the damage. Buyer will deliver the structural damage report and corrective proposal to \89
l~lU Seller within ~ DAYS of delivering the original inspection report. 1YO
1!fi (D) Within -L DAYS of receiving the structural damage report and corrective proposal, Seller will advise Buyer whether Seller will repair, at 19i
192 Seller's expense and before settlement, any structural damage from active or previous infestation(s). 192
19;J (E) If Seller chooses to repair structural damage revealed by the report, Buyer agrees to accept the Property as repaired and agrees to the RELEASE 193
1!i,j set forth in paragraph 25 of this Agreement. 194
Hlii (F) If Seller chooses not to repair structural damage revealed by the report or fails to respond within the time given, Buyer, within -.-L DAYS, 195
190 will notify Seller in writing of Buyer's choice to: 19!i
HJJ 1. Accept the Property with the defects revealed by the inspection, without abatement of price, and agree to the RELEASE set forth in para- 191
l!il:! graph 25 of this Agreement, OR 198
199 2. Make the repairs before settlement, if required by the mortgage lender, if any, at Buyer's expense and with Seller's permission, which will 199
201} not be unreasonably withheld, in which case Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this 21)0
PUI Agreement. If Seller denies Buyer permission to make the repairs, Buyer may, within -.-L DAYS of Seller's denial, terminate this 1.\]1
is;' Agreement in writing, in which case all deposit monies paid on account of purchase price win be returned promptly to Buyer and this 7.U;'
in} Agreement will be VOID, OR 2U3
204 3. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer and ;::111
2!i5 this Agreement will be VOID. 205
2D? 10. RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT NOTICE REQUIRED FOR PROPERTIES 106
2Ui BUILT BEFORE 1978 (1,02) 201
'oo 0 NOT APPLICABLE 208
209 0 APPLICABLE 209
2Hl (A) Seller represents that Seller has no knowledge concerning the presence of lead-based paint and/or lead-based paint hazards in or about the 210
211 Property, unless checked below. 211
212 0 Seller has knowledge of the presence of lead-based paint and/or lead-based paint hazards in or about the Property. (Provide the basis for 212
21:i determining that lead-based paint and/or hazards exist, the location(s), the condition of the painted surlaces, and other available infonna- 213
214 tion concerning Seller's knowledge of the presence of lead-based paint andlor lead-based paint hazards.) 214
215 215
21& (B) RecordsIReports: Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in or about the Property, ?Hi
711 unless checked below.
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2. Within ~h'C time s~t f')rth i:lhove for obtaining the risk assessment and/or inspection of the Property for lead-based paint and/or 205
lead~based paint hazard", Buyer may deliver to Seller a written list of the specific hazardous conditions cited in the report and those (2.\}
cnrrections requested by Buyer, along with a cupy of the risk assessment and/or inspection report. z:n
3. Seller may, within --1___ DAYS of receiving the list and report(s), submit a written corrective proposal to Buyer. The corrective proposal 138
will include, but not be limited to, the name of the remediation company and a projected completion date for corrective measures. Seller 239
will provide certification from a risk assessor or inspector that corrective measures have been satisfactorily completed on Of before the 240
projected completion date. Z41
4. Upon receiving the corrective proposal, Buyer, within ---L DAYS, wilL 242
3. Accept the cUlTective proposal amI the Prupelty in writing, aIld agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 243
b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly 244
to Buyer and thi~ Agreement will be VOID. 245
5. Should Seller fail to suhmit a written corrective proposal within the time set forth in paragraph 1O(D)3 of this Agreement, Buyer, 246
within ----.5...- DAYS, will: 247
a. Accept the Property in writing, and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 248
b. Tenninate this Agreement in writing, in which case aU deposit monies paid on account of purchase price will be returned prornpdy ?AR
to Buyer and this Agreement will be VOID. 2M
6. Buyer's failure to exercise any of Buyer's options within the time limits specified in this paragraph will constitute a WAIVER of 2'l1
this contingency and Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement. 2S2
(E) Certification: By signing this Agreement, Buyer and Seller certify the accuracy of their respective statements, to the best of their knowledge. 253
STATUS OF RADON (1.02) '54
(A) Seller represents that Seller has no knowledge concerning the presence or absence of radon unless checked below. 255
o 1. Seller has knowledge that the Property was tested on the dates, by the methods (e.g., charcoal canister, alpha track, etc.), and with 256
the results of all tests indicated below: 257
DATE TYPE OF TEST RESULTS (picocuries/Jiter or working levels) 258
259
260
COPIES OF ALL AVAILABLE TEST REPORTS will be delivered to Buyer with this Agreement. SELLER DOES NOT WAR- 261
RANT EITHER THE METHODS OR RESULTS OF THE TESTS. 261
o 2. Seller has knowledge that the Property underwent radon reduction measures on the date(s) and by the methodes) indicated below: 263
DATE RADON REDUCTION METHOD 264
265
266
(B) RADON INSPECTION CONTINGENCY '"
ITI WAIVED. Buyer understands that Buyer has the option to request that the Property be inspected for radon by a certified inspector (see Environ- 2l'i3
mental Notices: Radon), BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement 269
o ELECTED. Buyer, at Buyer's expense, has the option to obtain, from a certified inspector, a radon test of the Property, and will deliver a copy 270
of the test report to Seller within _ DAYS (15 days if not specified) of the execution of this Agreement (See Environmental Notices: 271
Radon) 272
1. If the test report reveals the presence of radon below 0.02 working levels (4 picocuries/Jiter), Buyer accepts the Property and agrees to the ,.,..,
RELEASE set forth in paragraph 25 of this Agreement. 214
2. If the test report reveals the presence of radon at or exceeding 0,02 working levels (4 picocuriesfliter), Buyer will, within ~ DAYS 275
of receipt of the test results: 276
o Option 1 Z77
a. Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 278
b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer 279
and this Agreement will be VOID, OR zen
c. Submit a written, corrective proposal to Seller. The corrective proposal will include, but not be limited to, the name of the certified miti- 281
gabon company: provisions for payment. including retests; and a projected completion date for corrective measures. 2&2
(I) Within ~ DAYS of receiving the corrective proposal, Seller will: 283
(a) Agree to the tenns of the corrective proposal in writing, in which case Buyer accepts the Property and agrees to the 284
RELEASE set forth in paragraph 25 of this Agreement, OR 285
(b) Not agree to the terms of the corrective proposal. 286
(2) Should Seller not agree to the terms of the corrective proposal or if SeHer fails to respond within the time given, Buyer will, within 287
~ DAYS, elect to: 288
(a) Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 289
(b) Tenninate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned 290
promptly to Buyer and this Agreement will be VOID. 291
o Option 2 292
a. Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 2qa
b. Submit a written, corrective proposal to Seller. The corrective proposal will include, but not be limited to, the name of the certified miti- 294
gation company; provisions for payment, including retests; and a projected completion date for corrective measures. Seller will pay a max- 295
imum of $ toward the total cost of remediation and retests, which will be completed by settlement. 79&
(1) If the total cost of remediation and retests EXCEEDS the amount specified in paragraph 11(B) (Option 2) b, Seller will, within 297
~ DAYS of receipt of the cost of remediation, notify Buyer in writing of Seller's choice to: 298
(a) Pay for the total cost of remediation and retests, in which case Buyer accepts the Property and agrees to the RELEASE set forth 299
in paragraph 25 of this Agreement, OR 30n
(b) Contribute toward the total cost of remediation and retests only the amount specified in paragraph 11(B) (Option 2) b. 301
(2) If Seller chooses not to pay for the total cost of remediation and retests, or if Seller fails to choose either option within the time 3(12
given, Buyer will, within------2- DAYS, notify Seller in writing of Buyer's choice to: ,103
(a) Pay the difference between Seller's contribution to remediation and retests and the ~Mll!>l ........c<. .t.___~r
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L Seller agrees to locate and provide access to the on~SJte (or mdlvlduaJ) water system, if 8,pp\1cable, at ~e\lcr's expense, it required by the
inspection company. Seller also agrees (0 restore the Property, at Seller's expen'6e, prior \0' settlement l; j
3. If the report reveals that the water service does not meet the minimum standards ()f any applicable governmental authority and/or fails to
satisfy the requirements for quality an&or quantity set by the mortgage lender, if any, then Seller will, within_L.. DAYS of receipt of 'l;ri
the report, notify Buyer in writing of Seller's choice to: 3?1
a, Upgrade the water service to the minimum acceptable levels, before settlement, in which case Buyer accepts the Property and agrees :1.:Y
to the RELEASE set forth in paragraph 2S of this Agreement, OR ~2!
b. Not upgrade the water service. :1:];J
4. If Seller chooses not to upgrade the service to minimum acceptable levels, or fails to respond within the time given, Buyer will, within ',HI
~ DAYS, either: 33i
a. Accept the Property and the water service and, if required by the mortgage lender, if any, and/or any governmental authority, upgrade 33::1
the water service before settlement or within the time required by the mortgage lender, if any, and/or any govemment.:'ll authority, at 32,1
Buyer's expense and with Seller's permission, which will not be unreasonably withheld, and agree to the RELEASE set forth in para- :,35
graph 25 of this Agreement. If Seller denies Buyer pennission to upgrade the water service, Buyer may, within~ DAYS of 3:lfi
Seller's denial, terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be 3:11
returned promptly to Buyer and this Agreement will be YOlO, OR 3:,'1
b. Tenninate this Agreement in writing, in which case aU depo5it monies paid on account of purchase price will be retumed promptly r:;!)
to Buyer and this Agreement will be YOlO. :!ill
STATUS OF SEWER (1-02) 341
(A) Seller represents that the Property is served by: :142
[] Public Sewer ;}J,3
o Individual On-lot Sewage Disposal System (See Sewage Notice 1) 0,14
o Individual On~lot Sewage Disposal System in Proximity to Well (See Sewage Notice I; see Sewage Notice 4, if applicable) Mf\
o Community Sewage Disposal System :M8
o Ten-acre Permit Exemption (See Sewage Notice 2) 347
o Holding Tank (See Sewage Notice 3) 348
o None (See Sewage Notice 1) 319
o None AvailablelPerrnit Limitations in Effect (See Sewage Notice 5) 35(J
o 351
(B) INDIVIDUAL ON.LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY 352
o WAIVED, Buyer acknowledges that Buyer has the option to request an individual on~lot sewage disposal inspection of the Property. BUYER .153
WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 2S of this Agreement. 354
o ELECTED ,,,
1. Buyer has the option, within _ DAYS (15 days if not specified) of the execution of this Agreement and at Buyer's expense, to 156
deliver to Seller a written inspection report by a qualified. professional inspector of the individual on-lot sewage disposal system. J:;7
2. Seller, at Seller's expense, agrees, if and as required by the inspection company, to locate, provide access to and empty the individual 00- :',S~
lot sewage disposal system. Seller also agrees to restore the Property, at Seller's expense, prior to settl~ment. };~g
3. If the report reveals defects that do not require expansion or replacement of the existing sewage disposal system, Seller will, within ::jfU
---.-l- DAYS of receipt of the report, notify Buyer in writing of Seller's choice La: 3\;\
a. Corre,ct the defects before settlement, including retests, at Seller's expense, in which case Buyer accepts the Property and agrees to J6?
the RELEASE set forth in paragraph 2S of this Agreement, OR :;>:,}
b, Not correct the defects. 1i:'1
4. If Seller chooses not to correct the defects, or if Seller fails to respond within the time given, Buyer will, within -L DAYS, either: 351
a, Accept the Property and the system and, if required by the mortgage lender, if any, and/or any governmental authority, correct the 3G&
defects before settlement or within the time required by the mortgage lender, if any, andlor any governmental authority, at Buyer's ;15'f
sole expense and with Seller's pennission, which will not be unreasonably withheld, and agree to the RELEASE set forth in para- JGG
graph 25 of this Agreement. If Seller denies Buyer permission to correct the defects, Buyer may, within ~ DAYS of Seller's 3tifJ
denial, tenninate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned Titl
promptly to Buyer and this Agreement wlH be VOID, OR :!i1
b. Terminate this Agreement in writing, in which case an deposit monies paid on account of purchase price will be returned '\ill
promptly to Buyer and this Agreement will be VOID. 31:_
5. If the report reveals the need to expand or replace [he existing individual on-lot sewage disposal system, Seller may, withitl~ DAYS 1;4
of receipt of the report, submit a corrective proposal to Buyer. The corrective proposal will include, but not be limited to, the name of the ;1m
remediation company; provisions for payment, including retests; and a projected completion date for corrective measures. Within 171;
---L DAYS of receiving Seller's corrective proposal, or ifno corrective proposal is received within the time given, Buyer will: J7l
a. Agree to the terms of the corrective proposal, if any, in writing, in which case Buyer accepts the Property and agrees to the RELEASE 31:J
set forth in paragraph 25 of this Agreement, OR 3Tl
b. Accept the Property and the system and, if required by the mortgage lender, if any, and/or any governmental authority, correct the :I1FJ
defects before settlement or within the time required by the mortgage lender, if any, and/or any governmental authority, at Buyer's :1:\1
sole expense and with Seller's pelmission, which will not be unreasonably withheld, and agree to the RELEASE set forth in para- ,1112
graph 25 of this Agreement. If Seller denies Buye-r permission to correct the defects, Buyer may, within ~ DAYS of Seller's 383
denial, terminate this Agreement in writing. in which case all deposit monies paid on account of purchase price will be returned ~84
promptly to Buyer and this Agreement will he VOID, OR ;3.&5
c. Tenninate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly 3~f
to Buyer and this Agreement will be YOID. f\n
NOTICES, ASSESSMENTS & CERTIFICATES OF OCCUPANCY (1'02) :mn
(A) Seller represents, as of Seller's ex.ecution of this Agreement, that no public improvement, condominium or homeowner association assessments ;lily
have been made against the Property which remain unpaid, and that no notice by any government or public authority has been served upon 39fl
Seller or anyone on Seller's behalf, including notices relating to violations of zoning. housing, building, safety or tire ordinances which remain ;111
uncorrected, and that Seller knows of no condition that would constitute violation of any such ordinances which remains uncorrected, unless ;JfJ?
otherwise specified here:
'111 (E). 'If required by law, within ~~ DAYS of the execution of this Agreement Seller will order for delivery to Buyer, on or before settlement:
,''P 1. A certification from the appropriate municipal department or departments disclosing notice of any unconecled violations of zoning, hous-
ing, building, safety or fire ordinances. AND/OR
2. A certificate permitting occupancy of the Property. In the event repairs/improvements are required for the issuance of tJle certificate, Seller
'ilb will, within ----2-._ DAYS of Seller's receipt of the requirements, notify Buyer of the requirements and whether Seller will make the
415 required repairs/improvements at Seller's expense.
If Seller chooses to make the required repairslimprovement~, Buyer agrees to accept the Property as repaired and agrees to the RELEASE set
forth in paragraph 25 of this Agreement. If Seller chooses not to make the required repairs/improvements, Buyer will, within ~ DAYS,
notify Seller in writing of Buyer's choice to terminate this Agreement OR make the repairslirnprovements at Buyer's expense and with Seller's
permission, which will not be unreasonably withheld. If Seller denies Buyer permission to make the required repairs or if Seller fails to respond
within the time given, Buyer may, within ~ DAYS, terminate this Agreement in writing, in which case all deposit monies paid on account
of purchase price will be returned promptly to Buyer and this Agreement will be VOID.
'J'ITLE, SURVEYS & COSTS (1-02)
(A) The Property is to be conveyed free and clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the following: existing
deed restrictions, historic preservation restrictions or ordinances, building restrictions, ordinances, easements of roads, easements visible upon
the ground, easements of record, Plivileges or rights of public service companies, if aIlY; otherwise the title to the above described real estate
will be good and marketable and such as will be insured by a reputable Title Insurance Company at the regular rates.
(B) Buyer will pay for the following: (1) Title search, title insurance and/or mechanics lien insurance, or fee for cancellation of same, if any;
(2) Flood insurance, fire insurance with extended coverage, mine subsidence insurance, or fee for cancellation of same, if any; (3) Appraisal
fees and charges paid in advance to mortgage lender, if any; (4) Buyer's customary settlement costs and accruals.
(C) Any surveyor surveys which may be required by the Title Insurance Company or the abstracting auomey for the prepara(ion of an adequate
legal description of the Property (or the correction thereof) will be seem-ed and paid for by Seller. Any surveyor surveys desired by Buyer or
required by the mortgage lender will be secured and paid for by Buyer.
(D) In the event Seller is unable to give a good and marketable title and such as will be insured by a reputable Title Company at the regular rates, as
specified in paragraph l5(A), Buyer will have the option of: (1) taking such title as Seller can give with no change to the purchase price; or (2) being
repaid all monies pald by Buyer to Sener on account of purchase price and being reimbur.<:ed by Seller for any costs incurred by Buyer for any inspec-
tions or certifications obtained according to the tenus of the Agreement, and for those items specified in paragraph l5(B) items (1), (2), (3) and in
paragraph l5(C), in which case there will be no further liability or obligation on either of the parties hereto and this Agreement will become YOID.
ZONING CLASSIFICATION (1'02)
Failure of this Agreement to contain the zoning classification (except in cases where the property {and each parcel thereof, if subdividable} is zoned
solely or primarily to permit single-family dwellings) will render this Agreement voidable at the option of the Buyer, and, if voided, any deposits
tendered by the Buyer will be returned to the Buyer without any requirement for court action.
Zoning Classification: fj,c:;'(2i..,!
o ELECTED. Within ~ DAYS of the execution of this Agreement, Buyer will verify that the existing use of the Property as
is permitted. In the event the use is not permitted, Buyer will, within the time
,riG given for verification, notify Seller in writing that the existing use of the Property is not pemlitted and this Agreement will be YOlO, in which
1,:1 case all deposit monies paid on account of purchase price will be returned promptly to Buyer. Buyer's failure to respond within the time
'htl given will constitute a WAIVER of this contingency and all other terms of this Agreement remain in full force and effect.
W 17. COAL NOTICE
,",~ CJ NOT APPLICABLE
t,';1 CJ APPLICABLE
'~;2 nus DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR rNSURE THE TrTLE TO THE COAL AND RIGHTS OF SUPPORT UNDERNEATH THE SURFACE LAND
,153 DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH CO!\L MAY HAVE THE COMPLETE LEGAL RlGHT TO REMOVE ALL SUCH COAL AND
45,\ IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. (This
420 notice is set forth in the manner provided in Section 1 of the Act of July 17, 1957, P.L. 984.) "Buyer acknowledges that he may not be obtaining the
,ISi, right of protection against subsidence resulting from coal mining operations, and that the property described herein may be protected from damage
1'"' due to mine subsidence by a private contract with. the owners of the economic interests in the coal. This acknowledgement is made for the purpose
,)!i~1 of complying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966." Buyer agrees
.159 to sign the deed from Seller which deed will contain the aforesaid provision.
olffj 18. POSSESSION (1.02)
4(, i {A) Possession is to be delivered by deed, keys and:
15'/ 1. Physical possession to vacant Property free of debris, with all structures broom-clean, at day and time of settlement, AND/OR
If<) 2. Assignment of existing lease(s), together with any security deposits and interest, at time of settlement, if Property is leased at the
4fd execution of this Agreement or uniess otherwise specified herein. Buyer will acknowledge existing lease(s) by initialing said lease(s) at
in::, time of execution of this Agreement.
,itG (D) Seller will not enter into any new leases, written extension of existing leases, if any, or additional leases for the Property without the written
Mii consent of Buyer.
AFil 19. RECORDING (3~85) This Agreement will not be recorded in the Office for the Recording of Deeds Of in any other office or place of public record
:ifii and if Buyer causes or permits this Agreement to be recorded, Seller may elect to treat such act as a breach of this Agreement.
;! 1;1 20. ASSIGNMENT (3~85) This Agreement will be binding upon the parties, their respective heirs, personal representatives, guardians and successors,
,ill and to the extent assignable, on the assigns of the parties hereto, it being expressly understood, however, that Buyer will not transfer or assign this
ij7? Agreement without the written consent of Seller.
m 21. DEPOSIT & RECOVERY FUND (1-02)
ill<! (A) Deposits paid by Buyer within ~ DAYS of settlement will be by cash, cashier's or certified check. Deposits, regardless of the form of
riJ' payment and the person designated as payee, will be paid in U.S. Dollars to Broker or party identified in paragraph 3(B), who will retain them
illi; in an escrow account until consummation or termination of this Agreement in confonnity with an applicable laws and regulations. Any uncashed
Fi check tendered as deposit monies may be held pending the acceptance of Ihis offer.
471:, (B) Upon termination of this Agreement, the Broker holding the deposit monies will release the deposit monies in accordance with the terms of a
419 fully executed written agreement between Buyer and Seller.
<1f' (C) In the e.vent of a dispute over entitlement to deposit monies, a broker holding the deposit monies is required by the Rules and Regulations of
'IS! the State Real Estate Commission (49 Pa. Code ~35.327) to retain the monie~ in f'.l:rrnUlllntil th", A;~...n.Q:n _M~lm..l L..
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THE FOLLOWING APPLIES TO PROPERTIES THAT ARE PART OF A CONJ)U.:VU,~'HU1Vl UK. i\. rLf\.l~l"U,.v \".,VlU1UVlU.......
(A) Within --1L DAYS of the execution of this Agreement, Seller will submit a request to the association for a Certificate of Resale and the doc- 'JUU
;:,\;,1 uments necessary to enable Seller to comply with the Act. The Act provides that lJle association is required to provide these documents within 5111
50? 10 days of Seller's request. 502
tilL (B) Seller will promptly deliver to Buyer all documents received from the association. Under the Act, Seller is not liable to Buyer for the failure or 503
Sl<i delay of the association to provide the Certificate in a timely manner, nor is Seller liable to Buyer for any erroneous infoffilation provided by 5lH
'lfS the association and included in the Certificate, 5iJ5
"ur (C) Buyer may declare this Agreement VOID at any time before Buyer's receipt of the association documents and for 5 days thereafter, OR until 5tlb
Sl'7 settlement, whichever occurs first. Buyer's notice declaring this Agreement void musl be in writing; thereafter all deposit monies will be 'Jill
G;;8 returned to Buyer. :;08
(dj4 (D) In the event the association has the right to buy the Property (right of first refusal), and the association exercises that right, Seller will reimburse 5U!!
;';10 Buyer for all monies paid by Buyer on account of purchase price and for any costs incuned by Buyer for: (1) Title search, title insurance and/or SiO
G1j mechanics lien insurance, or fee for cancellation of same, if any; (2) Flood insurance and/or fire insurance with extended coverage, mine sub- '1: I
') 12 sidence insurance, or fee for cancellation of same, if any; (3) Appraisal fees and charges paid in advance to mortgage lender, if any. ::\1 (
'i13 23. MAINTENANCE & RISK OF LOSS (1-02) '"
Ij14 (A) Seller will maintain the Property, grounds, fixtures, and any personal property specifically scheduled herein in its present condition, normal hH
01 G wear and tear excepted. 5 j 5
h!fl (B) In the event any system or appliance included in the sale of the Property fails and Seller does not repair or replace the item, Seller will promptly ~lfj
~:11 notify Buyer in writing of Seller's choice to: ~i11
1110 ]. Repair or replace the failed system or appliance before settlement or credit Buyer at settlement for the fair market value of the failed sys~ (i13
"fjll tern or appliance (this option must be acceptable to the mortgage lender, if any). In each case, Buyer accepts the Property and agrees to 619
'iZ!! the RELEASE set forth in paragraph 25 of this Agreement, OR 520
,,)~ 2. Not repair or replace the failed system or appliance, and not credit Buyer at settlement for the fair market value of the failed system or 521
is?;-' appliance. If Seller does not repair, replace or offer a credit for the failed system or appliance, or if Seller fails to notify Buyer of Seller's 522
ii!:, choice, Buyer will notify Seller in writing within ~ DAYS or before settlement, whichever is sooner, that Buyer will: 523
1<:,1 a. Accept the Property and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 524
'J?0 b. Tenninate this Agreement, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer S::t5
3?fi and this Agreement will be VOID. 5Z6
:'71 (C) Seller will bear lisk of loss from fire or other casualties until time of settlement. In the event of damage by fIre or other casualties to any prop- 527
[iig erty included in this sale that is not repaired or replaced prior to settlement, Buyer will have the option of rescinding this Agreement and 510
[;'t-l promptly receiving all monies paid on account of purchase price or of accepting the Property in its then condition together with the proceeds 529
):]0 of any insurance recovery obtainable by Seller. Buyer is hereby notified that Buyer may insure Buyer's equitable interest in this Property as of :mJ
531 the time of execution of this Agreement. 531
'i32 24. WAIVER OF CONTINGENCIES (1-02) 532
533 If this Agreement is contingent on Buyer's right to inspect and/or repair the Property, Buyer's failure to exercise any of Buyer's options within 533
ri34 the time limits set forth in this Agreement will constitute a WAIVER of that contingency and Buyer accepts the Property and agrees to the 534
:iJS RELEASE set forth in paragraph 25 of this Agreement. 535
"if 25. RELEASE (1'02) 5'6
~i:'7 Buyer hereby releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES, and any OFFI- S37
r,2& CER or PARTNER of anyone of them and any other PERSON, FIRM, or CORPORATION who may be liable by or through them, from 538
'iJ0 any and all claims, losses or demands, including, but not limited to, personal injuries and property damage and all of the consequences there.. 539
;C'iF of, whether now known or not, which may arise from the presence of termites or other wood-boring insects, radon, lead-based paint haz- !)t!iJ
';,11 ards, environmental hazards, any defects in the individual on-lot sewage disposal system or deficiencies in the on-site water service system, 5,1~
jJ2 or any defects or conditions on the Property. Should Seller be in default under the terms of this Agreement, this release does not deprive 5<l2
;J;\ Buyer of any right to pursue any remedies that may be available under law or equity. This release will survive settlement. :),:3
',,,, 26. REPRESENTATIONS (1'02) \'"
.','#'] (A) Buyer understands that any representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seller, Brokers, S1~
[i:'; their licensees, employees, officers, or partners are not a part of this Agreement unless expressly incorporated or stated in this Agreement. It is 5,16
:i.j; further understood that this Agreement contains the whole agreement between Seller and Buyer and there are no other terms, obligations, 541
'iit2 covenants, representations, statements or conditions. oral or otherwise of any kind whatsoever concerning this sale. Furthermore, this (viiI
;;'iiJ Agreement will not be altered, amended, changed, or modified except in writing executed by the pm1ies. 5,19
(B) It is understood that Buyer has inspected the Property before signing this Agreement (including fixtures and any personal property 55[]
specifically scheduled herein), or has waived the right to do so, and has agreed to purchase the Property in its present condition unless riG1
otherwise stated in this Agreement. Buyer acknowledges tbat Brokers, their licensees, employees, officers or partners have not made 55~
an independent examination or determination of the structural soundness of the Propert}', the age or condition of the components, envi- ,53
ronmental conditions, the permitted uses, or of conditions existing in the locale where tbe Property is situated; nor have they made a 55.1
mechanical inspection of any of the systems contained therein. 55')
(C) Any repairs required by this Agreement will be completed in a workmanlike manner. SSG
(D) Broker(s) may perfonn services to assist unrepresented parties in complying with the terms of this Agreement. 55l
(E) The headings, captions, and line numbers in this Agreement :\fC meant only to make it l~asier to find the paragraphs. 55U
OOM~"~ ~
(A) Seller has the option of retaining all sums paid by Buyer, including the deposit monies, should Buyer: SbU
], Fail to make any additional payments as specified in paragraph 3; OR 551
2. Furnish false or incomplete infonnation to Seller, BrokerC;), or the mortgage lender, if any, conceming Buyer's legal or financial status, SR?
or fail to cooperate in the processing of the mortgage loan application, which acts would result in the failure to obtain the approval of a 553
mortgage loan commitment: OR 5GIj
3. Violate or fail to fulfill and perfonn any other terms or conditions of this Agreement. 5tiE
(B) Unless otherwise checked in paragraph 27 (C), Seller may elect to retain those sums paid by Buyer, including deposit monies, in one of the 5613
following manners: 561
1. On account of purchase price; OR 55!!
2. As monies to be applied to Seller's damages; OR 559
6'Hi
641
542
:"'643
544
645
fr46
a,ll
fj4U
649
65D
651
652
6.53
654
&55
S1l7
29. SPECIAL CLAUSES (1-02)
(A) The following are part of this Agreement if checked:
D Sale & Settlement of Other Property
Contingency Addendum (PAR Form SSP)
D Sale & Settlement of Other Property Contingency
with Right to Continue Marketing Addendum
(PAR Form SSP-CM)
tilH!
588
o Settlement of Other Property Contingency Addendum (PAR Form SOP)
o Tenant-Occupied Property Addendum (PAR Form TOP)
o
o
o
fiB9
[isn
589
590
591
592
593
594
595
596
597
5ga
599
fiilO
591
602
o!J3
504
:i~'i
m
59;{
534
595
595
591
5~B
(B)
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(jll) Buyer and Seller acknowledge receiving a copy of this Agreement at the time of signing.
GO-l
6U5 NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Return by facsimile transmission (FAX) of Ibis E8'
tWo Agreement, and all addenda, bearing the signatures of all parties, constitutes acceptance of this Agreement. Parties to this transaction are advised 60b
tilJ i to consult an attorney before signing if they desire legal advice. 6[17
IJOiJ 5US
609 [] Buyer has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code ~35.336. GO~
610 m Buyer has received a statement of Buyer's estimated closing costs before signing this Agreement. 610
511 CJ Buyer has read and understands the notices and explanatory information set forth in this Agreement. fi11
fi 12 D Buyer has received a Seller's Property Disclosure Statement before signing this Agreement, if required by law (see Information Regarding 612
613 the Real Estate Seller Disclosure Law). 1.i13
614 D Buyer has received the Deposit Money Notice (for cooperative sales when Broker for Seller is holding deposit money) before signing this fii4
515 Agreement. 515
61$ 616
>:11 BUYER'S MAILING ADDRESS: 617
618
5111
BUYER'S CONTACT NUMBER(S):
619
610
$2'1
622
623
67.4
525
626
!.i27
fi2B
f29
630
631
632
em
634
635
536
Wi[
638
63'1 SELLER'S MAILING ADDRESS:
~
619
620
621
622
623
1114
625
fiZ5
627
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fi29
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DATE
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WITNESS
BUYER
SS#
WITNESS
BUYER
SS#
DATE
WITNESS
BUYER
SS#
DATE
.~
Seller hereby approves the above contract this (date)
III
1\30
1)31
637
633
634
635
636
631
63R
639
: 'I~,~ ..'-"', ,.~~~}. I~ .: , ~r~~~~ "~1~\'\'~ ~~; ~ -:~.,\,'T~ A ,~.. "?,r.l~:;'
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~.... ~ 1:'\ "1::= ~.. ,.J -r ;,., ~,., "~..! r/ '1,\?.... .l':.,....;._ 'j
.
~ Seller has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code ~35.336.
[] Seller has received a statement of Seller's estimated closing costs before signing this Agreement.
o Seller has read and understands the notices and explanatory information set forth in this Agreement.
648
SELLER'S CONTACT NUMBER(S):
641
642
WITNESS
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SELLER
SS#
DATE
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5401
645
646
6'1
648
549
650
651
652
653
65--1
655
WITNESS
SELLER
SS#
DATE
WITNESS
SELLER
SS#
DATE
Broker'slLicensees' Certifications (check aU that are applicable):
o Regarding Lead-Based Paint Hazards Disclosure: Required if Property was built before 1978: The undersigned Licensees involved in
this transaction, on behalf of themselves and their brokers, certify that their statements are true to the best of their knowledge and belief.
Acknowledgement: The Licensees involved in this transaction have informed Seller of Seller's obligations under The Residential Lead.Based
SELLER'S ESTIMATED CLOSING COSTS
Thi'j form recommended and approved for, but not restricted to use by, the members of the Pennsylvania Association of REALTORS- (PAR).
SEe
1
2
3
4
5
6
7
B
9
10
11
12
13
14
15
16
17
1B
19
20
21
22
23
"
25
26
27
2a
29
3n
31
32
33
3'
35
36
31
3B
39
40
41
42
43
44
45
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50
51
52
53
54
55
55
57
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PROPERTY, ,,,
SETTLEMENT DATE
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1. Broker's Fee
2. Preparation of Deed
3. Transfer Tax
4. Seller's Assist to Buyer
5. Home Warranty
6. Municipal Certification
7. Settlement Fee
8. Notary Fees
9. Survey
10. Tax Certifications
11. OvernightJExpress Mail Charges
12. Domestic Lien Search
13. Other
14. Other
Estimated Costs
Adjustments (+1-) (e.g" real estate taxes, refund of escrow)
TOTAL ESTIMATED COSTS/ADJUSTMENTS $
Purchase Price
Total Costsl Adjustments
Estimated Proceeds $
Seller's Estimate of Mortgages, Equity, and Other Loan balances, liens, assessments, etc, $
ESTIMATED NET PROCEEDS TO SELLER $
/
/
/ Charges
$
$
$
$
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The estimated proceeds do not take into account any other mortgages, liens, assessmentS or other obligations which may be
against the Property or the Seller.
The ahove figures are approximated closing costs and will be adjusted as of date of final settlement, if necessary.
IIWe understand and have received a copy of these estimated closing costs before signing the agreement of sale.
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BROKER (Company Name) ';1 .)
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REALi'Ofl'!'Th._","_~e"I"~
DATE
DATE
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COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS~ 1996
9/01
, -y'---
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06/11/2004 17:01 FAX 717 652 5180
REMAX PROS
I4l 002
Mr. Kris Tsenoff
PARAMOUNT DEVELOPMENT, me.
AND
Mr. Lee A. Woodall
RE: LOT 5, 1941 MONTEREY DRIVE, MECHANICSBURG, PA 17055
Mr, Tsenoffand ML Woodall:
This is to inform you ofthe remaining balance ofthe escrow being held by REIMAX Realty
Professionals, Inc. fOT the above mentioned property, A total amount of $111,000,00 has
been withdrawn fTom the aCCOWlt by Mr. Lee Woodall as per the statement dated September
23,2003 - October 23,2003. The remaining balance in the account is $14,872.61.
Both Mr. Tsenoff and Mr. Woodall are aware of the account balance of $14,872.61, and
agree this will be the amount RE/MAX Realty Professionals, Inc. will release at the timc
of settlement for the above mentioned property.
RF~1!l( Realty Professionals
4775 Linglestown Road
Harrisburg, Pennsylvania 17112
Office: (717) 652.4700
Fax: (717) 652-5180
Each OHlc", In~pl:md"ntfy Ownad ;;md Operm..d
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v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 05-537
PARAMOUNT DEVELOPMENT, INC.,
Plaintiff
LEE A. WOODALL,
Defendant
CIVIL ACTION
PLAINTIFF'S MOTION FOR SERVICE OF COMPLAINT PURSUANT TO
SPECIAL ORDER OF COURT
AND NOW, comes the Plaintiff, Paramount Development, Inc. (hereinafter
"Plaintiff') by and through its attomeys the Offices of Fenstermacher and Associates,
P.C., and files the within Motion for Service Pursuant to Special Order of Court under
Pennsylvania Rule of Civil Procedure 430 as follows:
1. On or about January 28, 2005 Plaintiff filed a Complaint against the Defendant, Lee
A. Woodall (hereinafter "Defendant"), at the above-captioned number and term.
2. The complaint asserts causes of action for Breach of Contract and Conversion.
3. The Sheriff attempted to serve Defendant with a copy of the complaint at his last
known address of 21 West Mulberry Hill Road, Carlisle, Pennsylvania, but
Defendant could not be found at that address. A true and correct copy of the
Sheriffs Return is attached hereto and incorporated herein as "Exhibit A."
4. An Affidavit stating the nature and extent of the investigation which has been made
to determine the whereabouts of Defendant and the reasons why service of the
Complaint cannot be made is attached hereto and incorporated herein as "Exhibit
B.11
5. Plaintiff, individually and by and through its counsel. has been unable to determine
the whereabouts of Defendant. It is believed and therefore averred that Defendant
is attempting to avoid service,
6. Pennsylvania Rule of Civil Procedure 430 authorizes service by special order of
cou rt.
7. Unless this Court grants Plaintiff's motion, Plaintiff will be unable to effectuate
service and maintain this action and injustice will result.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter
a Special Order directing service of the Complaint on Defendant by regular and certified
mail to Defendant's last known address and by publication pursuant to Pa, R.C.P.
430(b)(1).
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES, P.C.
DATED:
BY:C~-Y' c,.~
John R. Fensterma
Supreme Court 1.0. #29940
Shane F. Crosby
Supreme Court 1.0. #92530
5115 EastTrindle Road
Mechanicsburg, PA 17050
(717) 691-5400
Attomeys for Plaintiff
EXHIBIT
"A"
<:;JiJ:;I:U~'j;<" S RETURN - NOT SERVED
CASE NO: 2005-00537 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
PARAMOUNT DEVELOPMENT INC
VS
WOODALL LEE A
R. Thomas Kline
, Sheriff
, who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT
, to wit:
WOODALL LEE A
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT & NOTICE
NOT SERVED , as to
the within named DEFENDANT
, WOODALL LEE A
21 WEST MULBERRY HILL ROAD
CARLISLE, PA 17013
DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. HIS PARENTS LIVE
THERE. THEY SAY THAT LEE LIVES IN PHILADELPHIA AREA.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
:~~ so;~~/
.00 'R. Thomas Kline
.00 Sheriff of Cumberland County
.00
.00 FENSTERMACHER & ASSOCIATES
02/28/2005
Sworn and subscribed to before me
day of
this
A,D,
Prothonotary
EXHIBIT
"B"
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 05-537
PARAMOUNT DEVELOPMENT, INC.,
Plaintiff
LEE A. WOODALL,
Defendant
CIVIL ACTION
AFFIDAVIT PURSUANT TO PA. R.C.P. 430
COUNTY OF CUMBERLAND )
) SS
COMMONWEALTH OF PENNSYLVANIA )
Before me, a notary public, in and for the foregoing county and
commonwealth, personally appeared Shane F. Crosby, Esquire, of Fenstermacher and
Associates, P.C., attorneys for Plaintiff and deposes and says that the following accurately
reflects efforts made to ascertain the exact whereabouts of the Defendant, Lee A.
Woodall, named in the above-captioned matter:
a) On or about March 1, 2005, I mailed to the United States Postmaster at Carlisle,
Pennsylvania a request to be furnished with a forwarding address of the Defendant.
b) On March 3, 2005, I received a response from the United States Postmaster
indicating that Defendant moved and left no forwarding address. A true and correct
copy of the response is marked as "Attachment A," attached hereto and made a
part hereof.
c) On or about March 9, 2005, I conducted an examination of local motor vehicle
records. Said examination produced a listing for Defendant at 21 West Mulberry
Hill Road, Carlisle, Pennsylvania. A true and correct copy of the report of said
examination is marked as "Attachment B," attached hereto and made a part hereof.
d) On or about March 21,2005, I contacted Directory Assistance. There was a listing
for Defendant in the Carlisle area, but the number was unpublished at the request
of Defendant. There were no other listings for Defendant in Carlisle or surrounding
counties or in the Philadelphia area.
Finally, affiant deposes and says that after the foregoing investigation, the exact
whereabouts of Defendant, Lee A. Woodall, remain unknown to Plaintiff.
FENSTERMACHER AND ASSOCIATES, P.C.
Dated:~5 /2 i Ie? S .-
f I
Sworn and subscribed before me
,'" ......
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By:(~j "'/' ......... \>~
Shane F. Crosby (' \
Supreme Court 1.0. #92530
5115 EastTrindle Road
Mechanicsburg, PA 17050
(717) 691-5400
Attorneys for Plaintiff
this ,q1A-t day of 1l1a./)./CIA_
Ilt.c.lr/ d. ~
Notary Public
,2005.
NOTARIAL SEAL
ROBYN A. CRONIN, Notary Public
MecharticWurg Bero., Cumberland County
My CommisSIOO Expires September 23. 2000
A TT ACHMENT
" A"
REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION
NEEDED FOR SERVICE OF LEGAL PROCESS
Postmaster
66 W. Louther Street
Carlisle, P A 17013,9998
Date: March I. 2005
REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF
LEGAL PROCESS
Please furnish the new address or the name and street address (if a boxholder) for the following:
Name: Lee A. Woodall
Address: 21 West Mulberry Hill Road
Carlisle, P A 17013
Note: The name and last known address are required for change of address infonnation. The name, if known, and post
office box address are required for boxholder infonnation.
The following information is provided in accordance with 39 CFR 265.6(d)(5Xii). There is no fee for providing
boxholder or change of address information.
J. Capacity of requester (e.g., process server, attorney, party representing self): Attorney for Plaintiff
2. Starute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting
pro se - except a corporation acting pro se must dte statute):
3. The names afall known parties to the litigation: Paramount Development, Inc. v. Lee A. Woodall
4. The court in which the case has been or will be heard: Cumberland County Court of Common Pleas
5. The docket or other identifying number if one has been issued: 05-537 Civil Term
6. The capacity in which this individual is to be served (e.g., defendant or witness): Defendant
WARNING
THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS
INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE
OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE UTIGA TION COULD
RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OF
NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.c. SECTION 1001).
I certify that the above information is true and that the address information is needed and wHl be used solely for service
oftegal process in conjunction with actual or prospective litigation.
-
Fenstermacher and Associates, P.c.
5115 East Trindle Road
Mechanicsburg, P A 17050
Signature
Printed Name: Shane F. Crosby, Esquire
POST OFFICE USE ONLY
x~
No change of address: order on file.
Moved, left fiQ forwarding address.
No such address.
NEW ADDRESS OR BOXHOLDER'S NAME
AND STREET ADDRESS
ATTACHMENT
"8"
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
VEHICLE RECORD ABSTRACT
3/14/05
PAGE 1
039051
OWNER
LEE A WOODALL
21 W MULBERRY HILL RD
CARLISLE PA 17013
TITLE NUMBER
TAG NUMBER
VIN
53611855
EXN9504
WDBGA51GXXA404656
MAKE
MODEL
RENEWAL WID
PREVIOUS TAG
LI ENS
STOPS
MERCEDES BENZ
S50
021763901342098 001
BZL0667
YES
NO
TITLE BRAND INFORMATION
NO TITLE BRANDS EXIST FOR THIS TITLE
LIEN INFORMATION
LIEN HOLDER NO. 1
NAME VALLEY F C U
ADDRESS: 1270 OAKMEAD PKWY
APT 105
SUNNYVALE CA 94086
NO 2ND OR 3RD LIENS EXIST FOR THIS TITLE
ADDRESS CORRESPONDENCE TO:
DEPARTMENT OF TRANSPORTATION
VEHICLE RECORD SERVICES
PO BOX 68691
HARRISBURG, PA 17106-8691
LESSEE
050730273000324 002
NONE
TITLE DATE
REGISTRATIDN EXPIRY DATE:
BODY TYPE
ODOMETER READING
l<ACTUAL MILEAGE
DUPLICATE TITLE COUNT
VEHICLE YEAR
STOLEN DATE
EXPIRATION DATE: 08/10/05
ABA NO :
ElT IND:
INFORMATION: (7:00
IN STATE
OUT-OF-STATE
TDD IN STATE
TDD OUT-OF-STATE
WWW.DOT.STATE.PA.US
08/10/99
06/03
SDN
170,000*
o
1999
AM TO 9:00 PM)
1-800-932-4600
717-391-6190
1-800-228-0676
717-391-6191
CERTIFICATE OF SERVICE
"l 1 507
AND NOW, on this '.' day of March, 2005, I, Shane F. Crosby, hereby certify
that I have served the foregoing Motion for Special Service by mailing a true and correct
copy by United States first class mail, addressed as follows:
Lee A. Woodall
21 West Mulberry Hill Road
Carlisle, PA 17013
.c::"~:---"--
-' Shane F. Crosby
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PARAMOUNT DEVELOPMENT, INC., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. DOCKET NO. 05-537
LEE A. WOODALL,
Defendant CIVIL ACTION
PRAECIPE TO REINSTATE COMPLAINT
To The Prothonotary:
Pursuant to Pa.R.C.P. No. 401(b)(1), please reinstate the Complaint in the
above-captioned matter.
FENSTERMACHER & ASSOCIATES, P.C,
By: c::::..~-'
C.::~~ _.___
-.-..--.....
John R. Fenstermacher (
Supreme Court I.D. #29940
Shane F. Crosby
Supreme Court 1.0. #92530
5115 East Trindle Road
Mechanicsburg, PA 17050
(717) 691-5400
Attorneys for Plaintiff
Dated: March 16,2005
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MAR 2, 3 2.\J05 rl
V
PARAMOUNT DEVELOPMENT, INC., IN THE COURT OF COMMON PL AS OF
Plaintiff CUMBERLAND COUNTY, PENN LVANIA
v. DOCKET NO. 05-537
LEE A. WOODALL,
Defendant CIVIL ACTION
ORDER
AND NOW, this Jt, ~ay of tfl.~
, 2005, upon consid ration of
Plaintiffs Motion for Special Service Pursuant to Pa. R.C.P. 430, and it appearin to the
Court that the Plaintiff has made a good faith effort to locate and serve the Defen ant in
the regular course, it is hereby
ORDERED AND DECREED that said Motion is granted and Plaintiff is dir cted to
serve the Complaint upon Defendant by mailing a copy of the complaint by regula mail
and certified mail, return receipt requested, to Defendant's last known address of 1 West
Mulberry Hill Road, Carlisle, Pennsylvania 17013, and by publication in accordan with
Pa. R.ep. 430(b)(1).
, \
BY T~~OURT,
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SHERIFF'S RETURN - NOT SERVED
CASE NO: 2005-00537 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
PARAMOUNT DEVELOPMENT INC
VS
WOODALL LEE A
R. Thomas Kline
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT
Sheriff
, who being duly s~orn
, to wit:
bet was
WOODALL LEE A
unable to locate Him in his bailiwick. He therefore returns t e
COMPLAINT & NOTICE
NOT SERVED , as to
the within named DEFENDANT
, WOODALL LEE A
21 WEST MULBERRY HILL ROAD
CARLISLE, PA 17013
DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. HIS PARENTS LIVE
THERE. THEY SAY THAT LEE LIVES IN PHILADELPHIA AREA.
sheriff's Costs:
Dockecing
Service
Affidavit
Surcharge
.00
.00
.00
.00
.00
,00
So an~~/<<--:_/
"?:-/~~~
'R. Thomas Kline
Sheriff of Cumberland County
FENSTERMACHER & ASSOCIATES
02/28/2005
Sworn and subscribed to before me
day of ~~
./'"
~i:'~~~/~
P thonotary
this
7
.
-~-
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2005-00537 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PARAMOUNT DEVELOPMENT INC
VS
WOODALL LEE A
R. Thomas Kline
, Sheriff or Deputy Sheriff wh being
duly sworn according to law, says, that he made a diligent sea ch and
and inquiry for the within named DEFENDANT
, to wit:
WOODALL LEE A
but was unable to locate Him
in his bailiwick. He therefo e
deputized the sheriff of CHESTER
County, Pennsylvan'a, to
serve the within COMPLAINT & NOTICE
On February 23rd, 2005 , this office was in receipt of he
attached return from CHESTER
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Chester County
18.00
9.00
10.00
24.55
.00
61.55
02/23/2005
FENSTERMACHER
So answe.~~-~ /~::
~...-" ) ---- .,.<....--~., --
..>.,~
RI TYfo'mas Kliri'e
Sheriff of Cumberland County
/
& ASSOCIATES
Sworn and subscribed to before me
this
L/ day of 1Y1~-
&0() 6 -A.D.
fJ';' 71,...j",~- '~
prothon ary
. In, The Court of Common Pleas o,t.~~mberland County, Pen
~":i[il\FF'S OFFICE.
rne
CHESTER COllNTY, PA.
Paramount Development
VS.
Lee A. Woodall
Now,
February 4, 2005
hereby deputize the Sheriff of
2005 FEB - 7 AM 10: ~ I
No.
05-537 civi
sylvania
,FA, do
Chester
County to execute thi Writ, this
Affidavit of Service
,20_, at
0' clock
, T, SHERlFF OF CUMBERLAND COUN
deputation being made at the request and risk of the Plaintiff.
~~" /fr'
~ ~.../..-.
...", . ~i~"'.' ,.~ ,-
.~ ~,.~."".t': r1....<.,~~..p
,
Sheriff of Cumberland County, A
Now,
within
upon
at
by handing to
a
and made known to
'/ f Z';' '( G... t. C <;'
(3Cir~l< fJ,Jilile'f ",ccPtcfJ
v tC /)4i'f. #- .
6' ~y2--G
copy of the original
M. s rved the
the contents the eof.
So answers,
Sheriff of
c
COSTS
SERVICE
MILEAGE
AFFIDA VIT
$
Sworn and+~bscribed before
me this .l..G:: day of 'h,\,r, , 20 O~
NOTARIAL SEAL
Rebecca S. Yepremian, Notary Public
West Chester Boro., Chester County
My commisslon expires August 6, 2008
$
Co Dty, PA
SHERIFF'
COSTS
"'\:-;",~:",\";~-'c;:;: \1)":..
"\'\. ,;It I C'('U'~""{, \'".
't..... '{' 1"~R ,j ~.-
i l~\'\r...) {.I
'oJ. A 1 ~".qO: '-' \
~ nn, H.B - 1-111
R. THOMAS K~~ .
Shartff
",\'e of ((Umbel'
~f\)~ ,.' . lctltq
W.'~ ~ ..~~,.
"':;'''~ ,-""1, _ f.::;~:
1:\;~'J'\I:~Rt~\I~
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ftJ.t1,.,. 1~;,-"ff'fX.Bi.lif..
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11"~('1t,,,,i)pJ;i>."t~~~%' Jh
'~:;2:,~;~;:~~~~fr<t.1':f-5-'
Date -oS
$ Paid
Receipt No. " M {" i
Last day to service -l. -.:t..r. -..5'
RO NY R. ANDERSON
Chief Deputy
EDWARD L. SCHORPP
Solicitor
OFFICE OF THE SHERIFF
ODY 5. SMITH
al Estate Deputy
One CourthouS€ Square
Carlisle, Pennsylvania 17013
TO: Hon. Carolyn Welsh
Chester County Sheriff
RE:
;:.~" 1-1"1 '+0
Paramount Developnent
VS
Lee A. Woodall
05-537 civil'
lnc
cSell. '37
16 It!.
Dear Sheriff:
2H
Enclosed please fInd
to be served upon 0
Notice and Canplaint
Lee A. Woodall
1512 Windemere Place
. West Chester, PA 19380
in your County.
Kindly make service thereof and send us your return of service.
Very truly yours,
.r~~~
R. Thomas Kline, Sheriff
Cumberland County, Pennsylvania
. Enclosures:
PARAMOUNT DEVELOPMENT, INC" IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. DOCKET NO, 05-537
LEE A WOODALL,
Defendant CIVIL ACTION
PRAECIPE TO ENTER DEFAULT JUDGMENT AGAINST
DEFENDANT LEE A. WOODALL
TO THE PROTHONOTARY
Please enter Judgment by Default against Defendant, Lee A. Woodall, in the
amount of $125,000, together with legal interest from the date of judgment, costs,
professional fees, and all other amounts advanced by Plaintiff. I certify that the written
notice required under Pa. R.C.P. 237.1 was served over 10 days ago upon Defendant. A
copy of said Notice is attached and incorporated as Exhibit "B".
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES, PC
0- C~
By: {"'~~hn R~enste;~a
Supreme Court I.D. #29940
Shane F. Crosby
Supreme Court 1.0. #92530
5115 EastTrindle Road
Mechanicsburg, PA 17050
(717) 691-5400
Attorneys for Plaintiff
PARAMOUNT DEVELOPMENT, INC, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. DOCKET NO. 05-537
LEE A. WOODALL,
Defendant CIVIL ACTION
AFFIDAVIT OF SERVICE
I, Shane F. Crosby, Esquire, do hereby swear and affirm that pursuant to the
Court's Order dated March 26, 2005, which granted Plaintiff's Motion for Special
Service, I served the Complaint upon Lee A. Woodall by mailing a true and correct copy
of the Complaint by regular and certified mail, return receipt requested, to the Defendant
at his last known address of 21 West Mulberry Hill Road, Carlisle, Pennsylvania 17013,
on April 1 , 2005, and by publication once in The Sentinel and once in the Cumberland
Law Journal on April 7 and April 8, 2005, respectively.
5/11 !cs-
<:::"'- . c~
/- ..') -=j.. .
< - Shane F Cros )
PROOF OF PUBLICATION
State of Pennsylvania, County of Cumberland
Tammy Shoemaker, Classified Sales Manager, of The Sentinel, of the County and State
aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of
general circulation in the Borough of Carlisle, County and State aforesaid, was
established December 13th, 1881, since which date THE SENTINEL has been regularly
issued in said County, and that the printed notice or publication attached hereto is
exactly the same as was printed and published in the regular editions and issues of
THE SENTINEL on the following day(s)
i\'P!il(~ZL.~QO,;i
COpy OF NOTICE OF PUBLICATION
-
-~~~. .~..., .
~~ -"""'... ............;.."......
PARAMOUNT DEVELOPMENT, INC.,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 05-537
'poses that he/ she is not
;ubject matter of the
r advertisement, and that
he foregoing statement
nd character of
LEE A. WOODALL,
Defendant
CIVIL ACTION
NOTICE OF CIVIL ACTION
TO: LEE A. WOODALL
I t Inc has commenced an action for BreaCh of
YOU ARE NOTIFIED that the P!aintiff, paramodunt g.e~~op;:;~~, 05.537 in the Court of Common Pleas of Cumber-
Contract and Conversion against you entere t~ IVI ar .
land County, Pennsylvania, which you are required to defend.
. eeranca personally or by attorney and file your defenses
IF YOU WISH T,O D~~ENl?, you must enter a wntte~:g~hat if au fail to do so the case may proceed wit~out you
or objections In wntmg With the court. ~ou are w,a'hr t furthelnotice for the relief requested by the plaintiff, You
and a 'udgement may be entered against you WI ou
may I~se money or property or other rights important to you.
RATONCE IF YOU DO NOT HAVE A LAWYER, GOTO
YOU SHOULD TAKE THIS PAPER TO Y~~~ ~~6~ THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
OR TELEPHONE THE OFFICE SET FO . :ribed before me this
ABOUT HIRING A LAWYER.
S OFFICE MAY BE ABLE TO PROVIDE YOU WITH IN FOR. I 2005
IF YOU CANNOT AFFORD TO HIRETAMLAAWy 6~~E~H~EGAL SERVICES TO ELIGIBLE PERSONS AT A ~
MAriON ABOUT AGENCIES THA
REDUCED FEE OR NO FEE.
~~~
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
l)
SHANE F. CROSBY, Esquire
Attorney for Plaintiff
Fenstermacher and Associates, P.C,
5115 East Trindle Road
Mechanicsburg, PA 17055
(717) 691.5400 () /, / r/
lVlY ComnusslOn expires: 7 ( I( () {}
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Chnstina L. Wolfe, Notary Public
Ca~isle Boro. Cumberland County
My Commission Expires Sepl1. 2008
Member. Pennsylvania Association Of Notanes
. -
CUMBERLAND LAW JOURNAL
32 SOUTH BEDFORD STREET
CARLISLE, P A 17013
April 8. 2005
Cumberland Law Journal is published every Friday by the Cumberland County Bar
Association and is designated by the Court of Common Pleas as the official legal publication for
Cumberland County and the legal newspaper for publication of legal notices.
TO:
Fenstermacher & Associates
RE:
Paramount Developer, Inc. vs Lee A. Woodall
Legal advertisements must be received by Friday Noon. All legal advertising must be
paid in advance. Make all checks payable to: Cumberland Law Journal.
---------------------------------------------------------------------
---------------------------------------------------------------------
Advertisement inserted on following dates:
APril12005
76' Total Lines Printed
-35 Lines for $ 60.00
Lines at $1.55
Advertising Cost $ 60.00
Additional per lines charge $ ~.,1. tJ 0
Second Proof Request $
Payment received
$ 60.00
Total Amount Due
$ b2. CO
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L,1784
STATE OF PENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Joumal on the following dates,
Viz
April 8, 2005
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
S TO AND SUBSCRIBED before me this
8 day of April. 2005
SEAL
LOIS E. SNYDER, Notary Public
CaJI8Ie Boro. CUmbeIland CoUll\y
My CommiI8ion &pires MardIS. 2009
CUMBERLAND LAW JOURNAL
NOTICE
In the Court of Common Pleas of
Cumberland County. Pennsylvania
Civil Action
Docket No. 05.537
PARAMOUNT
DEVELOPMENT. INC"
Plalntlff
v.
LEE A. WOODALL.
Defendant
NOTICE OF ClVlL ACTION
TO: LEE A. WOODALL
YOU ARE NOTIFIED that the
Plaintiff, Paramount Development,
Inc., has commenced an action for
Breach of Contract and Conversion
against you entered to Civil Term
No. 05~537 in the Court of Com-
mon Pleas of Cumberland County,
Pennsylvania, which you are re-
quired to defend.
IF YOU WISH TO DEFEND, you
must enter a written appearance
personally or by attorney and me
your defenses or objections tn writ-
Jng with the court. You are warned
that tfyou fail to do so the case may
proceed without you and a judgment
may be entered against you Without
further noUce for the relief re-
quested by the plaintiff. You may
lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PA.
PER TO YOUR LAWYER AT ONCE,
IF YOU DO NOT HAVE A LAWYER.
GO TO OR TELEPHONE THE OF.
FICE SET FORTH BELOW, THIS
OFFICE CAN PROVIDE YOU WITI-!
INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO
HIRE A LAWYER. THIS OFF1CE MAY
BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES
THAT MAY OFFER LEGAL SERVo
ICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY
BAR ASSOCIATION
32 South Bedford Street
CarlIsle. PA 17013
(717) 249-3166
SHANE F, CROSBY. ESQUIRE
FENSTERMACHER AND
ASSOCIATES. P.C,
Attorneys for Plain tiff
5115 E, Trtndle Road
Mechanicsburg. PA 17055
1717) 691.5400
Apr. 8
3
.
.
PARAMOUNT DEVELOPMENT, INC., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: DOCKET NO. 05-537
LEE A. WOODALL,
Defendant
: CIVIL ACTION
TO: LEE A. WOODALL
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING
WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET
FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE
DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT
A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT
RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF
YOU DO NOT HAVE AN ATTORNEY, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING AN ATTORNEY.
IF YOU CANNOT AFFORD TO HIRE AN ATTORNEY, THIS OFFICE MAY
BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUSED FEE OR NO
FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
FENSTERMACHER AND ASSOCIATES, P.C.
~-==r. c ~
John R. Fenstermac Esquire
Supreme Court I.D. #29940
Shane F. Crosby
Supreme Court I.D. #92530
5115 East Trindle Road
Mechanicsburg, PA 17050
(717) 691-5400
DATE OF NOTICE: April 29, 2005
. ~
CERTIFICATE OF SERVICE
AND NOW, on this 29th day of April, 2005, I, Shane F. Crosby, Esquire,
hereby certify that I have served the foregoing Notice of Praecipe to Enter Judgment by
Default, by mailing a true and correct copy by United States certified mail, return receipt
requested and by ordinary mail, addressed as follows:
Lee A. Woodall
21 West Mulberry Hill Road
Carlisle, PA 17013
FENSTERMACHER AND ASSOCIATES, P.C.
By Q "9-( f!f=
. Shane F. Cros
.
CERTIFICATE OF SERVICE
j J f'Y-> /tf
AND NOW, this L1- day of c'-\...J..-... , 2005, I, Shane F.
Crosby, Esquire, hereby certify that I have serv~d the~egOjng Praecipe to Enter Default
Judgment by mailing a true and correct copy by United States first class mail, postage
prepaid, addressed as follows:
Lee A. Woodall
21 West Mulberry Hill Road
Carlisle, PA 17013
FENSTERMACHER AND ASSOCIATES, PC
By
<--~-=3- . C. )
Shane F, Crosby (~
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