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Home My WebLink About05-1959 -. WHEATLAND CUSTOM HOMES, INC. Plaintiffs v. RAYMOND C. BISBEE AND JULIE B. BISBEE, his wife, and A-I ABSTRACT ASSOCIATES, INC. Defendants : IN THE COURT OF COMMON PLE CUMBERLAND COUN PENNSYL VANIA : CIVIL ACTION - LAW : NO. OS -/9';'1 PRAECIPE TO ISSUE WRIT OF SUMMONS To the Prothonotary: Please issue the attached writ of summons. Thank you. Dated: April 14,2005 ,0 1 \jam L. Adler, Esquire Attorney for Plaintiff ADLER & ADLER P.O. Box 11933 125 Locust St. Harrisburg, PA 17108 717-234-3289 Supreme Court ID Number 39844 -1- 'ULY'Yl (J ~ N ~ If'] Ii liI r-> V'{ =' 0 ';';.'~:.I "1"1 """ - ~ Q ~ ~-o ~ '\' -;:0 rl1-'. vJ -J ,- ..J. -'On" C> - :nO (;0 p- eo ':-30 - ~ -~c" "T, ~:; " .-" -~"~ ~ ,0:0 - "!:Scn .- .-\ r- x=- ~S N -< - , WHEA TLAND CUSTOM HOMES, INC. Plaintiffs : IN THE COURT OF COMMON CUMBERLAND CO PENNSYLVANIA EAS NTY, v. RAYMOND C. BISBEE AND JULIE B. BISBEE, his wife, and A-I ABSTRACT ASSOCIATES, lNC. : CIVIL ACTION - LAW : NO. O~ - /q~ C.~~l SiL~ Defendants WRIT OF SUMMONS TO: Raymond C. Bisbee and Julie B. Bisbee 570 Lucinda Lane Mechanicsburg, P A 17055 A-l Abstract Associates, Inc. 1800 Linglestown Road Harrisburg, PA 17110 You are hereby notified that Wheatland Custom Homes, Inc. has commenced an ction against you. Prothonotary Dated: April 14,2005 -1- 2016945 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQU RED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 UNIFUND CCR PARTNERS ASSIGNEE OF PROVIDIAN NATIONAL BANK 10625 Techwoods Circle Cincinnati, OH 45242 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOCKET NO. or;; -19t,6 . ( /U~L I V<. Vl\.. KEVIN H LINCOURT 540 3RD ST ENOLA PA 17025 NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLA MS 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 APPE CE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFEN S OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT I YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENT ED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN T E COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YO 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 HA E 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 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT IN CIVIL-ACTION 1. At all times relevant hereto, the defendant(s) wa the holder of a credit card, which at the request of the defend nt(s) was issued to the defendant(s) by the plaintiff under the t rms of which the plaintiff agreed to extend to defendant (s)the se of plaintiff's credit facilities. 2. Defendant(s) accepted and used the aforesaid credi card so issued and by so doing agreed to perform the terms a d conditions prescribed by the plaintiff for the use of said c edit card. 3. The defendant (slreceived and accepted goods and merchandise and/or accepted services or cash advances throug the use of the credit card issued by the Plaintiff. A true and correct copy of the Statement of Account is attached hereto Exhibit "A". 4. All the credits to which the defendant(s)is entitle have been applied and there remains a balance due in the amou t of $2,556.09. 5. Plaintiff has made demand upon the defendant(slfor payment of the balance due of $2,556.09 but the defendant(s)h s failed and refused and still refuses to pay the same or any p thereof. WHEREFORE, plaintiff claims of the defendant(sl the sum 0 $2,556.09 at the rate of 6% from the date of , together with costs and attorney fees. POlh GORDON & WEINBERG, P.C. BY: INBERG, ESQUIRE PAUL M. S FIELD, JR., ESQUI E Attorney for plaintiff VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he i the attorney for the Plaintiff(s) in this action and verifies t at the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belie The undersigned understands that the statements herein re made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. FREDERIC I. RG, ESQUIRE EXHIBIT "Au AFFIDAVIT OF INDEBTEDNESS State of Ohio) County of Hamilton ) ss. , , , \ " \' \'," j Bharati Lengade being sworn, deposes and says that she is Media Supervisor ofUnifund CC Partners herein called assignee, which is doing business at 10625 Techwoods Circle, Cincinnati, Ohio 5242 and that she is authorized to make the statements and representations herein. The defendant is not in any branch of the military. There is due and payable from Kevin H Lincourt, Account Number 4465682600770130, the $3069.35 (principal balance in the amount of $2556.09 plus interest up through 02/17/2005 i the amount of$513.26). By the terms of the agreement between the defendant and the original creditor, . terest is accruing from the aforesaid date at the rate of 6.00 percent per annum. This balance reflects y payments, credits or offsets made since the account was charged off. This account was originated with Providian National Bank. Unifund CCR Partners purchased his account from Providian National Bank. Said account has been assigned, transferred and set over unto, rdon & Weinberg P.C. with full power and authority to do and perform all acts necessary for .the coli ion, settlement, adjustment, compromise or satisfaction of said claim, on behalf ofUnifund CCR P ners. DATIIDtlUst'l, 17,2005 c- ..--- By: Bhar i Len ade Media upetV1sor 10625 Techwoods Circle Cincinnati H 45242 Address Subscribed and sworn to before me this 17 2005 Year No Public My commissi n Expires Client # 829 ,~""~,~~:.:;"'1''''''i ~.;'\~'":-'~":".sl:" l/~?C:'~~~:i~:~ \\ f r .,'.,' j .. ~ .. ,:"~;;c~;_~'_i '~ J \. :\~I ~~oFO\~ .,.".,".....- ANGELA L FRECKMilN, NOTARY UBLlC IN .L\ND FOn THE STATE OF 0 10 MY COMMISSION EXPIRES MARC 5, 2007 ~29 Account Number Balance as of: Payment Due 02117/2005 Date I I "~dn"Q I Minimum Payment ",.,,,,,,n .,r Payme t Enclos d Iq: l I Make checl<s "Y"ble to: Unifund UNIFUND STATEMENT Kevin H Linceurt 540 3rd 5t Enela PA 17025-3130 MESSAGE FROM UNIFUND Your account is past due $3069.35. The past due amount is included in the minim m payment. Please remit immediately. If you have already sent payment for the abo e amount, thank you. This account is currently beino serviced by: Gordon & Welnberg1'.C. 21 S. 21st st Philadelphia PA 19103 TRANSACTIONS: I Date TransactIon II Balance $3069.35 II Due $3069.35 " Payments II Ba7:: ce $0 $3069. 5 Unifund Purchased The Above Referenced account from Providian National Bank Prompt crediting of payments. To receive credn for payments as of the date of receipt, we must receive your check or money order at: Unifund 10625 Techwoods Circle Cincinnati, OH 45242 Payments received at the above address in the manner specified after that time \II ill II be credited to your account as of our next business day. The crediting to your accou of payments received at any location other than the above address may be delay d up to 5 days of receipt This communication is from a debt collector. Federal law requires u to inform you that this is an attempt to collect a debt and any Inform a ~n obtaineij will be used for that purpose. Unless you notify this office w ;"in 30 days after receiving this notice that you dispute the validity of this ebt or any Ilortion thereol, this office will assume this debt is valid. If IOU notify this office in writing within 30 days from receiving this notice hat the debt or any portion thereof is dislluted, we will obtain verification of the debt or a copy of a judgment anij we will mail you a COllY of s Jch verification or judgment to you. If you request this office in writing w hin 30 days after receiving this notice, this office will provide you wit~~!~e name and address of the original creditor, if different from the cu., "nt creditor. ~~ -lQ. 0 V( - ~ () ~ w (;, ~ () ~ ~ ~ () c~ r-> c'::> <.::.::.J <f' >"" ""~j. ;7:J --~\ o -n -' :J:-n r11p:: '""Tin ';J~ c;:J ~'-js,?-, '-:-1.J --0 (,,~'c-) ~:~')cn - ~~; ~ ~ 0'\ -< ......~. 0) SHERIFF'S RETURN - OUT OF COUNTY \..;- CASE NO: 2005-01959 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WHEATLAND CUSTOM HOMES INC VS BISBEE RAYMOND C ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: A-I ABSTRACT ASSOCIATES INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On May 12th , 2005 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin County 6.00 9.00 10.00 30.00 .00 55.00 05/12/2005 WILLIAM L ADLER So an~ .,/ ...~:~> /~/~--.~x..-~. ,- ..-- ~~-~ /---- ~--~.-...- ~ L ..-.- .-" R. Thomas Kline Sheriff of Cumberland County .-? Sworn and subscribed to before me this I". "t day of ~ A.D. 1 011 ( ( 1'4' /- c~ 'l~ $ Prothonotary SHERIFF'S RETURN - REGULAR ,. CASE NO: 2005-01959 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WHEAT LAND CUSTOM HOMES INC VS BISBEE RAYMOND C ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon BISBEE JULIE B the DEFENDANT , at 1415:00 HOURS, on the 6th day of May at 570 LUCINDA LANE 2005 MECHANICSBURG, PA 17055 by handing to JULIE BISBEE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ... ,.;pjit 1 R. Thomas ,.!.'-r ~ .,..~~f~tf:.:~ .f ,. Kline 05/12/2005 WILLIAM L ADLER Sworn and Subscribed to before me this /3~ day of By: ) 4~ fA W~ Deputy Shel()tff ~ ;l.UlJ 0( A.D. ~1. D lYuip,~ ~ rothonotary , SHERIFF'S RETURN - REGULAR CASE NO: 2005-01959 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WHEATLAND CUSTOM HOMES INC VS BISBEE RAYMOND C ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon BISBEE RAYMOND C the DEFENDANT , 2005 MECHANICSBURG, PA 17055 by handing to JULIE BISBEE, WIFE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge 18.00 7.40 .74 10.00 .00 36.14 So Answers: ~..v ~~4 .".. ".,,~' ,,' "?':'-- "" .;P'" :ii#'''?'''''~~'''- '; .,~- R. Thomas Kline 05/12/2005 WILLIAM L ADLER Sworn and Subscribed to before me this "'" /3 ~ day of By : 0r. - A.?,~( I ~~ Deputy Sh 'ff ~\ 'Jm,( (f"-l' O,'hAoL._,~. rothonotary A.D. @ffitt llf tlt~ ~4~:riff William T. Tully Solicitor J. Daniel Basile ChiefDcputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, PCIUlsylvania 1710] ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania WHEATLAND CUSTOM HOMES INC vs County of Dauphin A-I ABSTRACT ASSOCIATES INC Sheriff's Return No. 0719-T - -2005 OTHER COUNTY NO, 05-1959 CIVIL TERM AND NOW:April 21, 2005 at 11: 04AM served the within WRIT OF SUMMONS upon A-I ABSTRACT ASSOCIATES INC by personally handing to DENISE LORAH, SECRETARY 1 true attested copy(ies) of the original WRIT OF SUMMONS and making known to him/her the contents thereof at 1800 LINGLESTOWN ROAD HARRISBURG, PA 17110-0000 Sworn and subscribed to So Answers, Jf~ before me this 22ND day of APRIL, 2005 NOTARIAL SEAL MARY JANE SNYDER, Nolary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 Sheriff of Dauphin County, j1 j !-_i - j t~'~? F'-" .....l" ~t_?) ,'/. fJV Deputy Sheriff Pa. ~4J By Sheriff's Costs:$30.00 PD 04/20/2005 RCPT NO 206114 TF COYNE & COYNE, P.c. Lisa Marie Coyne, Esq. Pa. Supreme Ct. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Defendants Bisbees WHEATLAND CUSTOM HOMES, INe. Plaintiffs, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -- LAW RAYMOND e. BISBEE AND JULIE B. BISBEE, his wife, and A-I ABSTRACT ASSOCIATES, lNe., Defendants. : No. 05-1959 Civil Term PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days or suffer a judgment of non pros. Respectfully submitted: Dated: 2S' <T1f1J~' COYNE & COYNE, P.C. L Li Marie Coyne, Esq. a. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorneys for Defendant RULE TO THE PLAINTIFF: A Rule is hereby issued upon you to file a Complaint within twenty (20) days of service ofthis Rule or suffer a judgment of non pros. Dated: / - 7f -('If; . v (1~AJ '.e f!/7I Prothonotary 'J; ."0_ ""Ore ~"'n>;- '-7"..., ~::~ " 0J. ~:~ '2~',~~, 'i:-l'C~ L -:l "- (') <;.; ,..., = 0= d' c- ~ N -' (-=~, "\ ,r " -1:) Q, s:!-n rn1'" ~1!'! :;:-)~ .'-' -'-. '~}~~~, :~ -<.. ~,.> N .- cJl en -- --- COYNE & COYNE, P.c. Lisa Marie Coyne, Esq. Pa. Supreme Ct. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Defendants Bisbees WHEATLAND CUSTOM HOMES, INe. Plaintiffs, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -- LAW RAYMOND C. BISBEE AND JULIE B. BISBEE, his wife, and A-I ABSTRACT ASSOCIATES, INe., Defendants. : No. 05-1959 Civil Term ENTRANCE OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance on behalf of the Defendants, Raymond C. Bisbee and Julie B. Bisbee, his wife. Respectfully submitted: Dated: ) S .:TAtV fJ (, COYNE & COYNE, P.C. . }L;.(V_ isa Marie COyn~ Esquire a. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorneys for Dtfendants Bisbees . (; c ~~;rt f~'l !:~~ .- r'" '~f:~: 2: ::( "'" C':"J c:::) "" '- > Z N -' Cl -n --1 ::c ," nl ;=' -om :N'.~' ...)('1. .....' ) ~.:~~ :::jtrl ~,::1 ,,;>. " :< :~ ':/ (Jl .t;-. COYNE & COYNE, P .C. Lisa Marie Coyne, Esq. Pa. Supreme Ct. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Defendants Bisbees WHEA TLAND CUSTOM HOMES, INe. Plaintiffs, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -- LAW RAYMOND C. BISBEE AND JULIE B. BISBEE, his wife, and A-I ABSTRACT ASSOCIATES, INe., Defendants. : No. 05-1959 Civil Term CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.c., hereby certify that true copy of the RULE TO FILE COMPLAINT, dated January 27, 2006 was served upon the below-referenced individual <Attorney for Plaintiff) at the below listed address by way of first class mail, postage pre-paid on January 27,2006: William Adler, Esq. Adler & Adler 125 Locust Street Harrisburg,PA 17101 Attorney for Plaintiff Respectfully submitted: COYNE & COYNE, P.c. ( L' a Marie Coyne, Esq ire a. Supreme Ct. No. 53788 390 I Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorneys for Defendants Bisbees Dated: '13010b By: "'- "t:~ . ::-' (') ~ '" = = 0' o .n -l ::r:..,., n't= -D.. (Ij ~":"J T i:~~~ <)0 .':;:'rrl S~ ;;;. ~ <- :i: ,~ -0 ~. -'- ":'? C) en William L. Adler, Esquire ADLER & ADLER 125 Locust St. Harrisburg, PA 17101 phone: 717-234-3289 Fax: 717-234-1670 Email: wmadler~aol.com Supreme Court 1D: 39844 v. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW WHEA TLAND CUSTOM HOMES, lNC. Plaintiffs RAYMOND C. BISBEE AND JULIE B. BISBEE, his wife, and A-I ABSTRACT ASSOCIATES, INC. : NO. 05-1959 Civil Term Defendants NOT ICE 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 -1- 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 2 Liberty Ave. Carlisle, P A 17013 (717) 249-3166 -2- NOT I C I A Le han demandado a usted an la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado gue si usted no se defienda, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier gueja 0 alivio gue es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO 1NMED1ATAMENTE. S1 NO T1ENE ABOGADO 0 S1 NO T1ENE EL D1NERO SUF1C1ENTE DE PAGAR TAL SERV1C10, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OF1C1NA CUYA D1RECC10N SE ENCUNENTRA ESCR1TA ABAJO PARA AVER1GUAR DONDE SE PUEDE CONSEGU1R AS1STENC1A LEGAL. Cumberland County Bar Association 2 Liberty Ave. Carlisle, P A 17013 (717) 249-3166 -3- v. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW WHEA TLAND CUSTOM HOMES, INC. Plaintiffs RAYMOND C. BISBEE AND JULIE B. BISBEE, his wife, and A-I ABSTRACT ASSOCIATES, INC. : NO. 05-1959 Civil Term Defendants COMPLAINT I. Plaintiff is a Pennsylvania corporation with a principal place of business located at 447 Granite Run Drive, Lancaster, PA 17601. 2. Defendants, Raymond Bisbee and Julie Bisbee, are adult individuals with an address of570 Lucinda Lane, Mechanicsburg, PA 17055 (hereinafter Bisbee). 3. Defendant, A-I Abstract Associates, Inc., is a Pennsylvania corporation with a principal place of business located at 1800 Linglestown Road, Harrisburg, PA 17110 (hereinafter A-I). 4. On or about December 4, 2002, plaintiff entered into an agreement with defendants Bisbee for plaintiff to build a house for defendant. A copy of that agreement is attached hereto as Exhibit "A." -1- 5. On or about May 12,2003, another contract was entered into to increase the price of the home due to the defendants Bisbee's decision to finish the basement and to sell the defendants Bisbee the lot on which the home was built. A copy of that is attached as Exhibit "B." 6. The defendants Bisbee purchased the house and lot known as 570 Lucinda Lane, Mechanicsburg, PA (the Property) on July 14,2003. 7. At the time of settlement, plaintiff escrowed with A-I from its settlement proceeds $4,200.00 for seeding and $1,000.00 to finish the driveway blacktop. 8. At the time of settlement, plaintiff escrowed with A-I from its proceeds another $8,000.00 for a variety of punch list items. 9. The driveway was completed by plaintiff shortly after the July settlement. 10. The seeding was completed by plaintiff II. Said seeding and driveway work was approved by defendants Bisbee. 12. Plaintiff has made as many of the repairs requested by defendant as it was able. 13. Plaintiff has attempted to make further appointments with defendants Bisbee to complete punch list items, but defendants Bisbee have not been cooperative in having the repairs performed. 14. Plaintiff disagrees with defendants Bisbees' contention that any further work needs to be performed on the staircase, the painting, and the Pella replacement sash. 15. Plaintiff is unaware of a crack in the basement floor. 16. It is believed and therefore averred that Defendant A-I released the escrowed funds in the amount of$13,200.00 to Defendant Bisbee. 17. Plaintiff did not consent to the release alleged in paragraph 16. 18. Defendant, A-I, violated the terms of the escrow agreement by releasing said funds to Defendant Bisbee. 19. The home has been completed by plaintiff -2- 20. Any items remaining to be done under the warranty have not been completed due to Defendants Bisbees' failure to cooperate in the coordination of the repair effort. Count I - Breach of Contract, Bisbee 21. Paragraphs one through 20 are incorporated herein by reference. 22. Defendant Bisbee breached the agreements with plaintiff by failing to pay the Plaintiff in full for work performed. 23. Defendant owes Plaintiff $13,200.00, the balance remaining due under the contract WHEREFORE, Plaintiff respectfully requests damages in the amount of $13,200.00 plus interest and costs of suit Count II - A-I Abstract Breach of Fiduciary Duty 24. Paragraphs one through 23 are incorporated herein by reference. 25. Defendant A-I had a fiduciary duty not to release the $13,200.00 held by it in escrow without the consent of the Plaintiff and Defendants Bisbee. 26. Plaintiff never consented to the release ofthe escrow. 27. Defendant A-I breached its fiduciary duty to plaintiff. WHEREFORE, plaintiffrespectfully requests damages in the amount of $13,200.00 plus interest and costs of suit from Defendant A-I. Count III- A-I Abstract Breach of Contract 28. Paragraphs one through 27 are incorporated herein by reference. 29. Defendant A-I had an agreement with Plaintiff and Defendant Bisbee not to release the escrow without the consent of both Plaintiff and Defendant Bisbee. -3- 30. Defendant A-I breached said agreement by releasing the escrow funds to Defendants Bisbee without the consent of Plaintiff. WHEREFORE, Plaintiff respectfully requests that judgment be entered against Defendants Bisbee in the amount of $ 13,200.00, or in the alternative that judgment be rendered against Defendant A-I in the amount of$13,200.00. .t~t J~ ~ .~~/l/ William C er, squire Attorney for Plaintiff ADLER & ADLER P.O. Box 11933 125 Locust St. Harrisburg, P A 17l 08 717-234-3289 Supreme Court ID Number 39844 -4- VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING PLEADING ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.SA Section 4904 RELATING TO UNSWORN F ALSIFlCA TION TO AUTHORITIES. DATE: L/NIt~& ) ,I }!, ,-----. . ~.. . // ..;;~/.., .Richard Martin, President BUILDING AGREEMENT 1. Parties. THIS AGREEMENT, is made this 4th day of December 2002 by and between WHEATLAND CUSTOM HOMES, INC., a Pennsylvania Corporation, having its principal place of business at 447 Granite Run Drive, Lancaster, PA, 17601 ("Builder") and Ray and Julie Bisbee, having an address of '-11\-1.0 <1-14\;'-(4 wA'-l , Jlr..::I} .4vl(;S 'tg 012-(5. , PA 170 L.JO ("Owner"). Builder's telephone 717-560-3400 and Owner's telephone: 1)" ~,/{.. 1':1 2. Premises. Owner represents and warrants to Builder that Owner has an unencumbered fee simple title to certain real property located at McCormick Crossing Development Cumberland County, Pennsylvania, which property ("Premises") is more fully described in Owner's deed and the physical boundaries of which have been pointed out to the Builder by Owner. The Owner further represents and warrants that the various easements, deed restrictions, statutes and ordinances applicable to the Premises permit the Premises to be used fur residential purposes and further permits the house ("House") contemplated herein to be constructed on the Premises at the location as depicted on the Plot Plan (attached). 3. Work. The Builder agrees to provide all labor, materials, tools and equipment necessary to construct the House on the Premises in accordance with the Plans and the Specifications, dated 2 December, 2002, as mutually agreed upon and identified by the parties, and which Plans and Specifications are made a part of this Agreement. In the event of a conflict between the Plans and the Specifications, the contents of the Specifications shall control and prevail. 4. Contract Sum. A. Amount. Owner shall pay Builder for all labor, materials, tools, equipment and services rendered or which may be required to be rendered pursuant to the Plans and Specifications the sum of Three Hundred Fourty-One Thousand, Two Hundred Dollars ($341,200.00) ("Contract Sum"). B. Manner ofPavrnent ofthe Contract Sum. The Owner shall pay the Contract Sum to the Builder as follows: 1. At the time of the signing of this Agreement $ 0 11. Progress payments in the amounts and at the time enumerated in attached Draw Schedule. iii. Final payment, representing the full unpaid portion ofthe Contract Sum, and all Changes, credits, extras and costs over Allowances, shall be due and payable at the time of substantial completion and prior to occupancy by the Owner. C. Progress Pavrnents. Payments shall be due and payable upon receipt of the billing from the Builder. Any payment not received by Builder within two (2) weeks shall be considered late and be subject to Late Charges as specified in Section 4.F herein. Ex~A D. Final Payment. Final payment constituting the entire unpaid halance of the Contract Sum shall be paid to the Builder at the time of substantial completion of the work. For the purposes of this Agreement the term "substantial completion" means the date on which the House is sufficiently complete in accordance with the Plans and the Specifications to permit occupancy by the Owner without unreasonable inconvenience. The issuance of an Occupancy Permit by the local municipality wherein the Premises are located shall constitute conclusive proof that substantial completion has been achieved. In the event that Owner occupies the House prior to Builder's notification of substantial completion, Owner hereby agrees to be responsible for any required municipal occupancy permits, and also agrees to pay to the Builder the entire unpaid halance of the Contract Sum upon occupancy. E. Financing. This Agreement is contingent upon Owner obtaining financing, upon such tenns and conditions as are satisfuctory to Owner, and if such financing is not obtained by the Owners on or before 30 January 2003, Owner agrees to extend this date by sixty (60) days and futher agrees to authorize Builder to obtain such financing as a reputable mortgage banking institution would qualitY the Owner for. In any event, at any time after the financing date specified herein, Builder, at its sole and exclusive discretion, may terminate this Agreement. F. Late Charges. Any payments not received by the Builder at the times specified herein this Section 4 shall bear interest at the rate of fifteen percent (15%) per annum, compounded monthly. 5. Completion. OccuDancy. A. Commencement. Completion. The Builder shall begin work on or about I January 2003 and shall proceed with Builder's scheduling in a prompt and diligent manner until final completion. Substantial Completion shall be on or about 30 May, 2003. However, the Completion date may be extended if Builder's progress is delayed by Owner initiated Changes, Concealed Conditions, strikes, non delivery of materials, or acts of God. In the event the Completion date is extended by Builder, Builder shall notify the Owner in writing of the new Completion date within seven (7) days ofthe event that caused the delay, or a minimum of30 days prior to the Completion date herein. B. Possession. The Owner shall take possession of the House within ten (10) days of notification by the Builder to the Owner that the House is substantially complete and after the full Contract Sum has been paid to the Builder. Upon notification of substantial completion by the Builder, the Owner will make an inspection of the House with the Builder. Should there be any items of construction which according to the Plans and Specifications are unfinished, such items will be noted and the Builder will agree to complete them prior to delivery of the House. If any work can not be completed at this time because of weather conditions or other circumstances beyond Builder's control and an escrow is required by the lending institution, the total unpaid amount of the Contract Sum, extras, credits and Changes shall be deposited in the escrow account, such account to be held by the lending institution or Builder's legal council, the amount to be held in escrow shall be equal to Builder's cost to perform the incomplete work and shall be released upon Builder's notification to the escrow account holder that such work is completed. At such time the work is completed, Owner shall arrange for Builder to be paid within ten (10) days, and if not so paid, Owner agrees to pay Builder interest of fifteen per cent (15 %) per annum compounded monthly on the unpaid amount. 6. PIlllls and Specifications. The Owner acknowledges that they have examined and approved the Plans and the Specifications, incorporated herein by reference and has initialed such Plans and Specifications to evidence the Owner's acceptance of such Plans and Specifications. The Owner further acknowledges that the Builder has explained the Plans and Specifications to Owner's full satisfaction. 7. ChaDl!es. Owner may order changes in the Work conslstmg of additions, deletions or modifications to the Plans and Specifications. In the event of such changes, the Contract Sum and the time of substantial completion shall be adjusted pursuant to the terms contained herein. All changes in the Work shall be authorized only by written change orders signed by both the Owner and the Builder. 8. Selections. The Builder will provide the Owner with a list enumerating the various selections to be made by the Owner. The Owner will make all such selections according to the dates on the list. If the Builder has not received the Owner's selections by the dates on the list, Owner agrees to extend the date for substantial completion accordingly. 9. Insulation. Pennsylvania Act 222 of 1980 sets minimum standards of insulation for new construction. The Owner hereby acknowledges that the Owner has revised the Plans and Specifications and the Owner has satisfied themselves, of the extent to which the Plans and Specifications are or are not in conformity to the standards and the Owner hereby releases and discharges the Builder from any responsibility, costs, suit or expense resulting from the Plans and/or Specifications being in variance with the standards, it being understood that the Plans and Specifications represent the design of the House desired by the Owner and Owner waives unequivocally all remedies available to the Owner for the failure to meet the standards imposed by the aforesaid Act 222 or similar legislation. 10. Radon. Builder makes no warranties, express or implied as to the specific radon level to be found in the House. Owner hereby releases, quit claims and forever discharges Builder, Builder's agents, Builder's employees and subcontractors and any officer or partner or anyone of them and any person, firm or corporation, who may be liable by or through them for any and all claims, losses or demands, including personal injuries and all of the consequences thereof, whether now know or not, which may arise from the presence of radon in any room or portion of the House which is the subject of this Agreement. II. Delay. Builder shall not be held responsible for, and is hereby released from all loss, liability, expense and consequential damages which may result by reason of any delay in completion due to inclement weather, fire, storm of other casualty, strikes, shortages of materials, delays in delivery of materials, walkouts or other labor disputes affecting Builder or Builder's suppliers of material or labor, delay in issuance of permits, acts of war, emergency proclamations, sewer moratoriums, governmental regulations or matters outside of Builder's control, irrespective of the cause, time and extent of such delay or any other acts or circumstances beyond the control of Builder whatsoever, wether similar or dissimilar to the foregoing. In the event of such delay, Builder may extend the date of substantial completion until such time as substantial completion of the House may be complete. 12. Warrantv. A. Builder's Warrantv. Providing the Owner meets the provisions of this Agreement and subject to the limitations hereinafter set forth, Builder expressly warrants, in lieu of any other warranties or representations, express or implied, that it will correct any material defects in the heating, plumbing, air conditioning, electric roofing or major structural systems of the House that the Owner shall, by written notice to the Builder, call to the Builder's attention within twelve (12) months of the date of substantial completion, provided that such defects do not result in whole or in part from alterations or other acts performed other than by Builder, acts of God or other causes not directly attributable to the Builder. THE EXPRESS WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR HABITABILITY AND IN NO EVENT SHALL THE BillLDER BE LIABLE FOR CONSEQUENTIAL DAMAGES. BillLDER GIVES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE EXISTENCE OF LEVELS OF RADON GAS OR RADON DAUGHTERS OR ANY OTHER INDOOR AIR POLLUTANTS. B. Exclusions from Builder's Warrantv. Specifically and without limitation, no warranty is given with respect to the following: i. Any appliance, component equipment or the like for which the manufacturer thereof issues a separate warranty, except as to Builder's workmanship with respect to the installation of the equipment. Builder shall assign to Owner to the extent assignable all guarantees of warranties extended by the manufacturer with respect to the equipment. ii. All work completed by the owner shall not be covered under the builder's warranty nor shall builder or his subcontractors be held responsible for any liability that may result from said work. iii. Any matters other than those expressly listed in subsection l2.A hereof, relating to the construction of the House, including without limitation, any of the following: a. Nail pops, seam ridges and shrinkage in dry wall, lumber, trim, doors, millwork and wood floor. Owner hereby acknowledges that Owner understands and agrees that shrinkage and the results thereof is not an indication of poor workmanship or defective materials and Owner understands and agrees that the repairs therefor are maintenance items and, therefore, the responsibility of the Owner. b. Settling of the House (unless such settling shall cause structural damage), the presence or absence of earth in and around the foundation, utility trenches or any other excavli'ted areas and filled areas on the Premises. , c. Cracking, falling away, dripping or discoloration or imperfections in grout, plaster or stucco, provided Builder will regrout cracks exceeding one quarter (1/4) inch in foundation or basement walls. d. Shrinking or warping of doors less than three eighth (3/8) inches. e. Color variations in fixtures, appliances, stained wood, tile, brick, mortar or stucco. f. Quantity or quality of the growth of grass. It is the responsibility of the Owner to water, fertilize and reseed as necessary. Any soil washouts from rain or melting snow from the date of substantial completion are the responsibility of the Owner. g. Absence of dampness or water in the basement, except that if during the period of one year from the date of substantial completion, the basement of the House shall be flooded by reason of free running surface water from outside the House, Builder will undertake to make such repair to the House as shall be reasonably necessary to prevent a reoccurrence of such flooding during that period from that cause, provided that this provision shall not apply to flooding which results from (a) a change of the grading or in the foundation plantings around the House not caused by the Builder (b) flood conditions, cloud bursts, flash floods, unusually long freezing spells with snow and subsequent quick thawing or similar wet conditions or (c) any cause that is not due to faulty or defective construction. As a condition of Builder's obligation hereunder, Owner agrees to maintain the grade of lot finished by Builder, to maintain and keep clean the gutters, down spouts and splash blocks. Owner further agrees not to build any stone, concrete or other garden edging, brick, stone or concrete terrace or retaining wall, or any other structure on the Premises which will pocket water or in any way change Builder's grading or block the natural flow of water in any particular way. h. Any defect or problem in the House, or the Premises regardless of cause or effect, not brought to the attention of the Builder by written notice received by the Builder within twelve (12) months of the date of substantial completion. C. Water and Sewer Svstems. If Builder is to install service laterals connecting the House to a public system, or install an on site system, Builder agrees to do such system in a workman like manner, such as meets the municipal specifications. Builder gives no warranty, express or implied, as to the sufficiency of the amount, pressure or the purity of water available or the functionality of the sewerage disposal system at the Premises. D. Limitation of Builder's Liability. Owner agrees that Builder shall not be responsible or liable for any damage to mechanical equipment, personal property of any other materials stored in the basement or elsewhere in the House resulting from any of the foregoing conditions, it being understood that the maximum liability of Builder under this warranty shall be the replacement or repair of the defective portion of the House. In no event shall the Builder be liable for special or consequential damages or personal injuries arising from any breach of this warranty or of this Agreement. Builder shall have the sole right to determine whether the defect shall be corrected by repair or replacement. The warranty shall not apply to the defective portion of the House that has been snbject to misuse or damage by accident or has not been afforded reasonable care. 13. Insurance. Builder will procure and keep in effect worker's compensation and general liability insurances in sufficient sums and with reliable carriers and will, upon request of Owner, provide certification of such coverage. Owner agrees to maintain during the progress of the Work and at all times prior to full payment to the Builder at Owners cost an all risk builders risk insurance policy, including extended and vandalism coverage in an amount of not less than the Contract Sum. Owner will deliver to Builder a copy of said policy before construction begins. Builder and Owner shall be named as insured, as their interests may appear, on all such policies. It is understood that the Owner bears the complete risk of loss due to fire, storm or other casualty including vandalism. As a result the Owner shall be solely responsible in the event any loss is not covered by insurance or if the amount of insurance is not adequate to fully cover all of the costs resulting from any such loss including the cost of demolition, removal and reconstruction. 14. Construction Site. The Work in every respect from the time of the signing of this Agreement, to the final acceptance, shall be under the charge of the Builder. Owner hereby acknowledges that the Owner is aware that the Premises, during the progress of the Work, constitutes a dangerous area. Any visits by the Owner or his representative or agent to the Premises during the progress of the Work shall be done at the Owner's sole risk and the Owner agrees to hold harmless and indemnify the Builder from any loss, expense (including attorney's fees), suit or cause of action resulting from any damage or injury, personal injury of death suffered by the Owner, Owner's agents, invitees, licensees, guests or employees. Owner shall not in any event during the progress of the Work disturb or directly contact any of Builder's subcontractors or employees but shall direct all communication to Builder's designated representative. 15. Sign. Builder shall have the right to place upon the Premises Builder's sign noting Builder's presence on the Premises. Such sign shall be removed at the time the Owner certifies the achievement of substantial completion. 16. Arbitration. All claims, disputes and other matters in question between the Owner and the Builder arising out of or relating to this Agreement or the breach thereof shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. 17. AssifPllllent. This Agreement may not be assigned by the Builder or the Owner without the express written consent of the other. Notwithstanding the preceding, this Agreement shall be binding upon the respective heirs, executors, administrators and successors (to the extent assignable in accordance with the terms contained herein). This Agreement is to be construed in accordance with the laws of the Commonwealth of Pennsylvania. 18. Work StoPllage. Builder shall have no obligation to commence Work prior to Owners payment of the Deposit to the Builder in accordance with subsection 4.B hereof, Builder's receipt of evidence satisfactory to Builder of financing for the Home in accordance with subsection 4.E hereof, and Builder's receipt of all permits necessary to commence construction. Builder may discontinue the performance of the Work at any time if(a) any progress payments are not received when due pursuant to attached Draw Schedule or (b) a Builder initiated change order is not approved by the Owner within five (5) days of Owner's receipt of such a change order. Any payment not received by the Builder by the date due according to the terms contained herein shall bear interest at the rate of fifteen percent (15%) per armum compounded monthly. If Builder either fuils to commence or discontinues the Work for any of the foregoing reasons, the date of substantial completion shall be extended accordingly. 19. Default. If either the Owner or Builder defaults in the performance of their obligations hereunder, in addition to the remedies set forth in Section 18 hereof, the aggrieved party may pursue any remedy available at law or in equity. 20. Miscellaneous. A. Waiver. If in any situation the Builder waives the strict performance according to the terms contained herein, such waiver shall apply to that instance only and shall not be deemed as a continuing waiver nor shall it prohibit the Builder from requiring strict performance in accordance with this Agreement at all times thereafter. B. Captions. The captions ofthe sections noted herein are used for convenience only, and such captions do not in any manner alter, modifY, restrict and/or expand the provisions contained in any given section. C. Amendments. This Agreement may not be modified or amended except in writing signed by both of the parties hereto or by a duly authorized change order approved in accordance with the terms contained herein. D. Notices. All notices required herein shall be sent by regular mail, and shall be deemed received by the addressee two (2) days after mailing. All notices shall be sent to the Builder and the Owner at the addresses noted in Section I hereof. E. Exhibits. The Following Exhibits are attached hereto and made a part hereof: Site plan depicting location ofthe House Plans and Specifications Draw Schedule WHEATLAND CUSTOM HOMES DRAW SCHEDULE Owner: Contract Amount: $ 3 '-11. 2..00 DRAW AMOUNT DESCRIPTION DATE #1 20% Due upon completion offoundation and subfloors 3-4 weeks #2 25% Due upon completion of structural framing, i.e.. weather dry roof 8-10 weeks #3 35% Due upon installation of mechanical rough ins, insulation, and drywall 14-16 weeks #4 20% Due upon substantial completion or occupancy, whichever first occurs NOTES Change orders must be signed prior to making any changes. Payment for any change orders not required at time of the change shall be due per the same terms and conditions as final payment. Allowances are not adjusted until final payment. First aw includes credit for the Deposit paid under Section 4.B. WHEATLAND CUSTOM HOMES, INC. RICK MARTIN, PRESIDENT (<(~ OWNER ~ 2 December, 2002 GENERAL DESCRIPTION OF MATERIALS AND SPECIFICATIONS Lot 29, McCormick Crossing 3718 Square Feet Ray and Julie Bisbee 1. PERMITS AND FEES Contractor shall be responsible for ordering inspections and for meeting all applicable codes and permits. 2. EXCAVATION All excavation, backfilling, and grading required to construct house and install utilities will be the \ 1 responsibility of the Contractor. . 12' Driveway of6" crushed stone base and 2" hot rolled asphalt from street to garage shall be installed, per plot plan. 3. MASONRY & FOUNDATION Basement footings: 8" x 20" of3000 psi concrete, minimum 36" below final grade, installed with footer drains. Basement walls: 9'-0" High, 8" Poured Concrete. Concrete block garage and stoop walls. Garage and Basement Slab: 4" thick of3500 psi concrete. All beams to be steel as required. 4. FRAMING Sill plates: All sill plates which rest on concrete or masonry shall be pressure treated wood. Floor joists: 2xlO, 16" on centerinstalled with wood cross bridging. Exterior walls: 2 x 6, 16" on center, with 1/2" OSB sheeting. 9' -I" First floor ceilings. Interior walls: 2 x 4, 16" on center. Roof sheeting: 1/2" OSB, installed with plywood clips. Subfloor: 3/4" OSB, tongue and groove, installed with glue and nails. Headers: to be sized as required. Roof trusses: 24" on center, engineered by manufacturer. Stairs: 36" wide, prebuilt of#2 yellow pine risers, oak treads. 10" minimum rough cut tread, 7 3/4" maximum riser. 5. WINDOWS 37 Pella vinyl clad wood windows sized per print. Screens in all opening windows, grills in all windows. 6. EXTERIOR DOORS Front door: 3' 0" stained, insulated door per Thermatru, with sidelights and 1/2 round transom. Other entry doors: 2' 8" per print, steel insulated per Thermatru or equal. Overhead garage: 3-9' x 8' steel raised panel insulated doors, openers. 7. EXTERIOR FINISHES Roofing: 25 year fiberglass architectural shingle, installed with ridge venting. Brick veneer per print. Siding: Horizontal vinyl siding per print, installed to grade. Trim: Aluminum clad Gutters and spouting: Seamless aluminum K style gutters, aluminum down spouts 8. FIREPLACE AND CHIMNEY Brick and masonry fireplace with raised hearth, brick to ceiling, wood box mantle 9. ELECTRIC 200 Amp service, all outlets per code. Two exterior waterproof receptacles Smoke detectors interconnected and hardwired to meet BOCA code Bath funs, doorbell, exterior flood lights and mirrors included. $2,400 Allowance fur fixtures + 12 recessed lights Cable TV and phone outlets in each bedroom, TV in Family room, phone in kitchen. 10. PLUMBING Kitchen sink: double bowl Soletex. Water heater: Rudd 50 gallon gas Commodes: 3 Gerber or equal, water savers Faucets: Moen Monticello chrome/ brass Bath tub: I - 5' fiberglass tub and shower with curtain rod Cerartlic tile shower Aquaglass fiberglass whirlpool tub, ceramic deck, All plastic water and soil lines, includes three frost free hose bibbs. "Pull Out" style kitchen sink faucet. Radon pipe to attic. Footer drain to grade. $3,600 Budget for well and pressure system, $6,500 budget for sewer 11. HVAC Furnace: Natural gas furnace, electric air conditioning per Amana 12. SPECIALITIES Security system and central vac roughed in 13. INSULATION Walls: insulated with full wall fiberglass batts 5 1/2" thick, which according to the manufacturer will yield an R value of 19. Installed with vapor barrier. Ceilings! attic: insulated with blown fiberglass having a thickness of I 0", which according to the manufucturer will yield an R value of 38. Garage: Insulate wall to living area. Includes air sealant foam and caulking package . 14. DRYWALL House: 1/2" drywall installed on all finished areas, including garage. All drywall sanded and sponged, ready for paint 15. lNTERIOR TRIM Doors: 6 panel masonite, wood grained. Trim style: colonial, wide paint grade. Closet shelving: Epoxy coated wire shelving. Dining room Chair rail and crown. Crown in living, den, and master bed rooms 16. DECORATING Wall and ceiling paint: I color flat latex, hand applied Trim paint: 2 coats (2 Tone) Wallpaper: not included. Flooring: Carpet and vinyl per samples. Hardwood floor in kitchen, dining room, morning room, and foyer. Ceramic tile in baths. 17. CABINETS AND APPLIANCES Kitchen: kitchen cabinets, vanities and tops, Century raised panel. Solitex kitchen counters. Appliances: includes gas cook top, self-cleaning wall oven, dishwasher, microwave and disposer, budget of$3,000. Installation by Contractor. 18. LANDSCAPING, DECKS, WALKS Seeding: seeding oflot. $3,000 Allowance for landscaping 14' x 14' Rear deck, starnped concrete stoop and walk to drive. (iw-/;;u/l1~ a11~~ /II}1d r ~ b:L wner ~ , ~ Wheatland Custom Homes, Inc. Rick Martin, President from: RICK MARTIN To: RICK MARTIN Date: 4/24/03 Time: 4:04:14 PM Page 1 of 2 24 April, 2003 GENERAL DESCRIPTION OF MATERIALS AN Lot 29, McCormick Crossin ECIFICATIONS Ray and Julie Bisbee 1. PERMITS AND FEES Contractor shall be responsible for ordering inspections and for meeting all applicable codes and permits. 2. FRAMING & MASONRY Sill plates: All sill plates which rest on concrete or masonry shall be pressure treated wood. Walls: 2 x 4, 16" on center. 3. FIREPLACE AND CHIMNEY Brick and masonry'frreplace with raised hearth, brick to ceiling, wood box mantle 4. ELECTRIC All outlets per code. Smoke detectors interconnected and hardwired to meet BOCA code 10 - Drop in 2x2 fluorescent lights. Cable TV and phone outlet. $500 Allowance for additional fixtures. Mirror installed in Bath. 5. PLUMBING Commodes: Gerber or equal, water savers Faucets: Moen Monticello chrome/ brass Bath tub: I . 4' fiberglass shower with door Sewer pump. All plastic water and soil lines 6. HV AC Add additional fumace: Natural gas furnace, electric air conditioning per Amana 7. INSULATION Walls: insulated with full wall fiberglass barts 3 1/2" thick, which according to the manufacturer will yield an R value of 13. Installed with vapor barrier. Includes air sealant foam and caulking package 8. DRYWALL House: 1/2" drywall installed on all finished areas walls. 2x2 Suspended ceiling. All drywall sanded and sponged, ready for paint I From: RICK MARTIN To: RICK MARTIN Date: 4/24/03 Time: 4:04:14 PM Page2of2 9. INTERIOR TRIM Boors: 6 panel masonite, wood grained. Trim style: colonial, wide paint grade. 10. DECORATING Wall and ceiling paint: I color flat latex, hand applied Trim paint: 2 coats (2 Tone) Wallpaper: not included. Flooring: Carpet and vinyl per samples. Installed allowance of$2,750 II. CABINETS AND APPLIANCES Vanities and tops, Cehtury raised panel. Owner Owner Wheatland Custom Homes, Inc. Rick Martin, President TOTAL COST OF $34,000 PAYMENT SCHEDULE 50% Due with change order 25% Due upon installation of mechanicals, ready for drywall 25% Due upon installation of trim, and paint Ray, Small changes we usually wait to the end for, large ones we usually get paid for up front, really big ones we need some $$ up front, and the rest in draws. Rick 2 \ 12/02/2002 RA Y AND JULIE BISBEE $338,000 COST: 3718 SQUARE FOOT HOME INCLUDES 4 BASEMENT WINDOWS, 1 PR DOORS MASONRY FIREPLACE VS GAS WINDOW & DOOR $$ INCLUDED 31 WINDOWS 8,370 4 BASEMENT WINDOWS 1,080 2 CUSTOM WINDOWS 1,800 ENTRY DOORS, TRANSOM 1,760 PATIO DOORS 1.050 CONTRACT AMOUNT + LOT TOTAL '\3C-m I f f1. (Z~ f. ,,/rd I ' $3,200 $14,060 $341,200 -69':AJU UV, '100 _$411,100 ____ -it 'iOl~Oc;) ~~c-6Y ~ Sl~\ OAR!) AGlWT':MENT FOR TilE SALE OF NEW CONSTRUCTION A1S.NC TI,i,j'""nrC,"""lillcuJe,lahllapl" n, bUIllul r",lri~lcl/ ,.) u,c hy, Ill" men,l,e,< af </.,' J',:IImyhMli~A.>S.l,.;jaljor, of "I'AlrU\{:;" (I'AIO I'A LICENSED BROKER SE'lItt-1NG HROKER (Company) ~ 1..!t:&l,"1i ".d.I_IfL~~J/c:lW1 AllDRESS _..L.7/2 /lll'l,t:Kpr T,,~<i Z;;""oV~ ;:1;9 PII ..2J.2~-':/<L';'(L'.. FAXS2~__. DESIGNATED AGENT FOR "UVER (if applicable) PA LICENSED BROKEn I.lSTlN<] BROKER (Company) ~___ -'2u.ldv..tt:1.L~.!-~!;r:~~"",; <.H I~ )fjJ ,<<- ADDRESS ::::::TI:;:: ~~ r :;';:""7 ~ I'll ~./LM9(/lJ C .'AX_..i.....__.__._ DESIGNATED AGENT FOn SELLER (if uPlllicable) " " " 13 14 " " 11 " " 2D " 22 " " 25 2fi " 28 19 3D " " 3J " J5 " 3J JS J9 '" 41 42 43 44 I. itl)i61l(lreement, d'''~_-LlVL~-zf: j'ef'2_____. SEI.LE'UHUlLUER, _!iLf1.~,;.zld.!:1d I ~It 1IuZ.=..kav:s-r ,/'/77irMoV1-' HI D,(lI~ ~'~~l BUYER(Sj, _T~I~ <e +--Lf?:t:. j ; '/9;2(1 o:j,"~ld.JbI9y' 4,.1, ylQ ~.. 2. PltOPf:llTY (11-QO) I ' / Seller hereby agrees to sell and convey 10 Buyer, wbo bereb)' agrees to purchase: ALL THAT CERTAIN lot or piece of ground with buildings and improvements to he erected thereon, if any, known as: Name of Subdivlsion_ J)U~r-I'f (J (}.JI'lOSS 1~1.---___- Plulse tot # JCj {!J / I'1l.1del ~_ .. Strce;Addrcss___ Lv~ 111/114 li_>);t.. - ~~--==-==------=---- _~ ----r.------r ,_____.in(he-L1j..(.v:.:i-~~~,_- <<t"_~:'FV.k'~___. Cmmty of.----.L!~I_Li... L H rl.-q__"___ in the Commonwlalth of l'ennsylvanlu, Zip Code Identification (c.g., 'Iilx 10#; flared /I; I.of IUld B1llck; Plan Uoa" Volume, Palle; Dt)t>d Hook, I'age, Recording Date) " 11 " " 14 " " 11 18 " " 21 22 " " " " 21 " " ,lsbetween , called "Seller," and ,called "Buyer." 3. PURCIlAS~PRICE(l1'()/))_ J. I r -1"-'/ /-77 .. / (A) TotalPurdlUsePrice rpvJt. .11JM-.JHdJ 1/,'1 1f1/{c:e,/l!tl~:: U"'/~~~;:(( % which will be puid to Seller by Buyer as follows: ' / (B) Base Price ee) Lot Premium, if any (D) Total Options./ExtraslAlteralions (see attached addendum) 51 Dollars $ ~- $ :~, ~ (,~ I I ..if I I $ I I '3 8' & ct-Z' TOTAL .'URCIIASE PRICE 4. PAYMENT TERMS (11-00) (A) Cash {If check at signing tbis Agreement: (B) Cash Of chet:k within ~ days of the execution of this Agreement: (C) Non-refundable pre-paid options/extras/alterations paid to Seller on or bel'orJJ (0) (Ttrr:/. r"" VVO.dl/> {j &0 , v;, 3!Jz/,] , I (El Cash, cashier's or cenit1cd clu:l:k attirne of scltlcment: ;:&2~i';--: 30 3l Jt " 34 35 J6 " 30 :J'J TOTAL PlmCIt~SE PRICE (F) Deposils puid on account uf pun.:hnse price 10 be held by Listing Broker, unless otherwise staled here: (G) Se\kr~ wri;tcn aIIPrOV~I~-;-;;;'-befo~~-L.;2~ oz.oJ~~-- _ (H) ConveYJlncc hum Selkr will be by fee simple deed 01 Spl.: 'Ial WllrTllnty uulcss otherWIse slaled here: (I) Payment of transfer tu;t;:cs will he divid..:d equally hetween Buyer and Seller Ulllc~s otherwise stlllcd here: (J) AI lime of selllemcnl, the following will be adjusled pro-rilta on II daily basis helween Buyer and Seller, reimhursing where applicable: taxes; rents; condominium fees and homeowner assol.:illtillll fees, if any; warer and/or sewer [I:e.\', if uny, lOgelhu Will) ;my olher Iknable Illunici" pal service. The charges lire 10 be pro-ruled for the peril)d(~} covered: Set!.:r will pay lip 10 and including lhe dule of seU1ement; Buyer will pay for all days Illflowing sCnlemelll,ulIlcssorhc!'wiscsllllcll he rc:_,__~_~__ 4U 41 " " "' " 5, SCmmW.E OF cONsnWCTJON {11-00} (A) Commeneement nutl': Seller estimates th,ll Seller will commence cOlls1ruction on or about_.______~__~, Seller reserves "ll-' right lO del.,y cnmlllcnsement uf cOnstruction ulIIi1 Uuyer hus reedved and signed u valid morlgage (;olllmilmclll in llccordarKc Wilh ParJgrllph X. -r, - / (8) Cbmplelion nate: Seller eSlim,llcs C011lplclion of conslruction on or llhoul __~_l! We.. 2.&: -=-~ 0'...::3:__. Buyer herehy aeknowledgcs thaI the ahove esrimated time of eOlllplelinn on the parI ofSellt:r is tirade as.m itl,.'ummwllliOlllo Bllyer III m;sisl Buyer in formu1ming fulure plans. However, if <.:ommcllcement, completion, lind/or settlcmelll arc delayed due tu im:h::ment wealher, strikes, delays in issnanee uf permits, Llllavililabi/ly of labor (I!' malenals, Of illly OIlier rC4lS0JJ beyond Seller's control, such times ulJd sellh:mellt hereunder will he aUlOmatieally exlended aceordingly, and lime is lwl deemed to be of the essence. (C) Settlement: Selllemcnl hereunder will be held on a dale which is within 10 days (unl<:ss otherwise specified here after Seller supplies Buyer with a writlen notice of settlement. However, at the time of settlement, lhe house lInd prenlises will have DeCIJ substantially completed. If the municipality or governmental aUlhority, requires u Use & Oceupuncy pernlit, Seller will provide one lI{ setllement. 6. SPECIAL PROVISIONS (IF ANY) ~2 ~3 " 55 " " 58 59 6D " " b3 " 55 ~!, " " " .u; "' '" .1Y " " 51 " " " " " 5j 58 " 6D " ti2 " " .. " :d Buyer Initials: T(::.-;-.~/J(?J"') _ I [B~ ;~!~~~'~::cl8tI0ft of ~B> i~~ SellerlnIUals:- / ;;------- COI'VRIGItT I'ENNS\'LVANIA ASSOCIATION 01<' kEAI.1"01lS1lt 2000 61<" 55 .. AJS-NC I'age 1 of 6 61 .. ,till '70 ", " " " " n H 76 " '" Ul "' 8] " C"",()6 'V ~I " 7. 's1'ECIALCLAUSRS(11-00) ," .. " " (A) 0 Buyer alld Sdkr hltve received ~ JlISlllnCr Notice us .\dopled uy the Stltte }{eul Estutt: Commission at 49 Pa. (D) o Buycr alltl Seller havt: received a'sta\,cl\lent ofthei.r're:~r..(:ctive cstimateql.jl,()si,lg costs befure Signing this Agreement (C) 'KlBuyer has received Ihe Deposit Money Notice (for cooperative sales when Listing Broker is holding deposit mO,l1c,Y1 before signing Ihis 'Agreement.'" ,.r ",. - " (I)) Buyel' has received lhe Seller's Properly Disdllsure Statement bctiJrc signing this Agreement, if required by Jaw Nvle: Tbe Seller's Propl.:rty Disclosure ~d tiDes not require a,di~c!~j;ure fon~, ~Il~n_;,; I, " . : \ ..,.' I. A one-year writlen warrallly covering Ihe construction will he provided; 2. The lmiMing will be inspecfed for compliance with the applicahle lmilding co(k or,. if'none,'R'nationally' recogllized modd'blilld;ng" code; AND 3. A certificate of occupancy or a certilicate'"ofcode complimice will he'is'sued for the dwelling. . ,. (El 'rhc following are parI af this Agreement jf c111~cked: o ~~Ie & 'Se.ltleine~l of.'OtherPropeny . 'Contingency Addendum (PAR Form 130) o Sull.: & Seulcnu:ntllf Other Property Cunlingency with RigllllO CnlLlinue Marketiug Addendum (PAR Furm \31) (f) The fullowing ex.hlbits are made part of this Agreement If.checkecl: 'KI PfO( Plan of LlIf . 'i( OplionslElltrasJAlteratiolls I<!. House Plan/Rom Plan/Elevation ;.er New Constructioll Warranty o Fluor Ph~JJ Reversed :m Restrictive Covenllnts/Deed Resitiction5 "0 'Other O' ~ Building Specifications 0 o Standard Features 0 [i'l '9 ./1' '72 l'l. " " "If> :16 " " '"(II nn 0' "' o Setlleinenl'llfOiher Property C;~ntingencYAd?elldunl.~~AR FOfll193) o o o In "' 8;. ., " " " '8'11 no 81 .. "' "" OJ 92 " ,., g; " 91 '" 99 11H1 ,"' '" 10:1 1I1~ ,,'I '" i' ' j .', ~ ! 1U~ so 91 8. MORTGA';E CONTINGENCY (1-00) 91 o WAIVED. This sate;s NOT colllingenl on mortgage linancing. ~3 ;>if ELECr'EO. 94, ..(A) 'Illis sale is contingenl upun Buyer obtaining mortgage linancing as follows: 95 I. Al1lbUnlofm(JrJgag~Joan$___~~__ 95 2. Minilllum Tenn _-=c:!.. () year~ './1 3. 'ljpeof,mortgagt:___tZt.cf 1/i!;.L{.U....../I L '13 4_'. Interest rate ;L,.L.L %; however, nuyer~l'grces 10 accept the interest rate liS may be committed by the mortgageletukt, 1M 10 ~9 exceed u maximum interest rate uf -.i_~%. 1UU 5. Discount points, loall originatioll, loall plac\:mcllt and other fees charged hy the ll.:nder as a per,"'CCllilgc of lhe mbl1gagc loan (C-1duding 1nl any lllill1gage insurance premiums or VA funding fee) not to exceed ~_% of the mortgage loan. 102 The interest rate illld fees provisiuns required hy Bu~r are s.atislieJ if It nl0l1gugc lend",r n:mlie.~ :lVailable to Buyer the right to guarantee an -JU] interesl mil.' at or below thl.: Maxirrlllm Interest Rute specifkd herein with the percentage fees at or below the amount specilied herein, Buyer lUt gives Seller the right, ill Selle..-'s s,1Je nplilm ilmJ M pemlilted hy the lending instilution and applicable laws, tn contribUle lillllncially, wilhout 1115 promise of rcimhursement, to the Buyer umVor lender to make the above lerms available 10 BUyer, luri (B) Wilhin 10 llays of the elleCut;oll of this Agreement, Buyer will m~ a completed, wrillen mortgage application to a responsible mortgage lend- 1111 ing inslitution. The Selling Uruker, ir'~'ny, otherwise the Listing nrtJker, is autborized to communicate with the lender (or (he purposes 108 of as.~istlng In Ih", mortgllgc loan process. I t)~ (C) I. Up..\n receipt of II mortgage commilment, Buyer and/or SeHi~g Brokcr will prol1lpfly delivet a copy of il/C commilineol toUSling Broker, 11(1' ,ifany,ntherwisctoSellcr. . . . "I . 111' 2. MOJ1gage.;ommilmentdllle ~tVG. ol..t)cJ"3.. .. ,If a written commitment is_I\~t.received by 11~ Listing Broker, if any, otherwise by ~e1kr, by the abo{e date, Buyer and Sdlcr agn.>-e to extend tbe commitment date until Seller ,tcr- tn mlnafes litis Agreement in writing. 114 3. Seller hii!' ,the I.lplion to temlinate lhis Agreement in writing, on or afler_"lle mortgage commitment date, if,Ule mortgage cOlllmi!llltnt; 11:; a. Islllll y,llidunlil thedaleofsettlcrnent, OR Ill; b. Is cundilinncd upon the sale and settlement of any other property, OR 11/ c. Conlllins any olher condition not spccilicJ inlhis Agreement. 1\8 4. In the evenl Seller doe~ not tenllinatc this Agrel.:llIel1t as provided above, Buyer has the option to tcmlin81e lhis Agrecmenl in wriling if 119 the mortgage commilmenl: 1~1J a. Is nOI obtaiued by or valid untit the darcofsdtJemem, OR I~I h. Is cOlllJilioned ullon Ihe sale and settlement of any other property which do not occur by lhe date of settlement, OR 117 c. Contain;; ,my alMr comJilivn nO! spedJied in this Agreemenl which Buyer is unable to satisfy by lhe date of selllemcnl. H] 5. If lhis Agreemenl is terminated as specitiell in paragraphs B (C) (2), (3) or (4:1, all deposit monies paid on account of purchase price will 12.t ~ rerumed to Buyer. Buyer will be responsible for llllY premiums for mechanics lien insurance and/or title search, or fee fur cancellation l?S of same, if any; AND/OR any premiums for flood insunmce and/or fire insurance with extended coverage, insufilIlce binder charges or 1211 cancellation fee, if any; AND/OR any appraisal fees and charges paid in advance to mortgage lender. 127 (D) Seller willnol be responsible to Buyer or Buyer's mortgage lender IU escrow any funds for any reason. In the event Duyer's mortgage lender 126 requires un escrow of funds 115 a condifionto complete settlement, then Buyer lIgrees to provide such escrow funds and complete settlement 129 hereunder as spl.:citied in this Agreement. TIlis plltagraph will survjve sell/elllcnl. 1311 IE) Seller Assist m .3 Nor APPL/CABI.E 132 o APPLICABLE. Seller will pay; \33 o .$ , maximum, toward Buyer's costs liS permilled by the mongage lender. 1H o m 136 FHA/VA, IF APPLlCAHl..E 137 10~ WI "" '"" '10 '" 112 113 114 115 116 '" 113 l1U no m 112 123 124 '" 126 12'1 128 '" ,,, 1>1 132 m 134 135 "8 137 (F) It is expressly agreed that notwithstanding: any oilIer provisions of this contract, Buyer will nol be ohligated to complete the purchase of the 138 Property described herein or to incur any penalty by forfeiture of eamest money dl.:posits or otheIVIise unless Buyer JJa.~ been given, jll acwr- 139 dance with HUD/FHA or VA requiremcms, 1I wrillen statement by fhe Federalllousing Commissioner, Vcterans Administrlllion, or a Direct HO Endorsemenf Lemler selling tllnh lhe appraised value of the Property of 1M le.'i.'i Ihan $ (the dollar amountlu be 141 insened is the sales price as slaled in the Agreement)_ Buyer will have the privilege and opliollOf proceeding Wilh consummation of the con- Hl 111Iet wit/Will t<;:gllrJ W lhe amounl of Ihe appmised valuation. The appraised valualion is lUTiveU al to delennine Ihe mallimum mortgage the J.t3 Departmem of Housing and Urban Developmenl will insure, HUD does not WalTanllhe value nur lhe cnndiriun uf thlpl" peny. Buyer should 144 satisfy himselflhersclf that the pncc and condItion of the Pruperty life acceplable, /" 145 12: --,. I .- "J __~~ 1,11i In nllve.. Illltials: I[ G /', f J<' 12_ ,\/S-NC Fllge 2 of 6 Seller IlIlIials: ' 14'/ 1JR '" ,," "1 14~ m '" 145 '" \,18 Wam;lli.,' ,""cdioll 1010 u! Tille Ill"US.C., Oer:>rtmc1it' of Housing and Urban Di:vclupmcnt and Federal 1I,)u~illf~A!'llinim;lIion 148 143 ;J i' !rallsacli(ln~. provides. ",Whoever fl, >pllrJ?O~~ or . ',r, il1n~lendllgin i,Ul,y waY,lhe action of such Del?llltmclll" i11;;k~s. Pil~s(..krs, Or puo", t19, ."!{iP;. 1".;' lWlC,S ,1fIy' sliltl;lllCJll, knowillg.lllc same, to hc fal,e :,' . ~h;i11 hi: firic4, uuder Ihi:; title Lor impri,s\IILcl.\ not JIlurc thall t~u years, otbulh." I~O 1M " (G)) U,S. Department of Housing and Urban Development (IIUD) I'I/OJ.CI~ TO PURCIIASKI{S:, 1;j1 l~~, Duyer':IAcknowlcdgemenl I,~, .,; 'J" 1~ lib 0 Huyer has received Ihe,HUD Notice' "For Your ,Protection: ad aHome Inspectiolll. (see: NotlceIHmillnfll(matioll'VIl Property CoJidition . i lliJ lS4 Inspections). Buyer understands theim]'lOrtlllite nfgettillgltll independellf'hume inspc<.:tionand hits thought abOutthis'l>l:fllresigriing this 154 Agreement. 1~5 Buyer'slllitillls_~...____~~.._~_,~.__~_~'_..__~~~'Oate'~~!-.:~.~..--..: 156 (II) C"rtltkutjQn We jllt UJllJer.,i8Jlcd, Sellcr(s) and Buyer(s) party 10 Ihis transaction tllCh cel'lify Ihallhc terms of this Conlqlel for purchase afe 1~'{ tnie 10 the best of our knowl~dge arid Oclii;f, and tl;atllny lltile~ agreeinelit entered inl(lby 'any of l'hes'eoPllili~s in. C?~",:~ciio~ wli'h' ;hi~'t~,Jns<ll':_ 'jS8 "li?nisalillchedt.oitiisAgr~emelLi: ' . .' ,d. ,.., 'r, "j,'",' 159 INSPI~CTION~ (11,-00) f ,j' "':';);' , ~. 'I l~ (A) Seller herchy agrees to permit inspedions by Buyer accompanied by a Seller's rcpre!;entative, llnd by others as may be f\:{juiretl by tlll; lending \lil ill-~litLllions, gnverllmcntlll authorities, or insuring agcudcs. Seller further agrees to pcnuil allY oilier impecli<)jl.~ [c!/uiretl by or provided for in 162 .thcterms;oflhi~Agreement. I'" ,..i" ,:1 )., .;- . ,j163 (13) Pre-settlement Inspection ''',IJ ' 11j~ I. Buyer leserves the light to make a pre-sdtlement walk-through inspection of the Property when the Property is substantially cumplete. 165 Seller willllotify BUy<.;"'pri-oi fo ~euJemejJI of Ih.:-' dntc .and time of Buyer's' rre..~eltlement wlllkcthrOLigh insrJtlion1o'f the'Prcip81y. . lfiO 2. .. At the pre"set'tJeli1ent i,~SPCCliori, Buyer llUU S~"e,r will complete llnd sign lllist of items (punch list) t~ 'te to,ni~lcted',m?dified,'or ~~laced 1f>7 lVi~J,jll,'lljrlY (3Milllysnfkr settleinent~ Itc'fus ihllt ~al1l1i;t be conipleted. 'Illodlped. or replllct;:d within 30 days.oi' sellle~eiit (tub to evenlS 1GB hJyolld Sell~r's' rCJsonahle (;ont~ol will be c01nplet;;d'hy Seller a~ soon as i~ ft~;iSOn;'bly possihle, not to exceed tme y~ar o~ _~~,.. days '109 after ~eltlement. This pur.lgrllph ~i11 surviv~ .~ettl~I~1f51t: J " 1 ru 3. Buyer's failure to inspect the Property onlhe date flfthi: scheduled pre-settlement inspection or Buyer's tililure toclImplete aml sigullw III 'pre-settlement ;nspecti<in form constitutes n waiver of Buyer's' right'loillspecl the Property, and Ruyerwill accept,the'Property 81 settle- 172' ment in its then present cundition without obligalion ofilloditk;ation'(lrrepJact.1nenl. 173 4. Buyer's right to make this inspectiun is 1I0t wltived by any other provision of this Agreement. 1"14 5. Seiler will have healing and all u/illties (i,itlading 1'1Idfs)) on fOT'jhO:llTl~-seIlJeme'nr walk-throllgh inspc~'H~n. m. WOOD INI<'F.S1'ATION CON~GENCY (11~00) . " . , m Sei'er will provide c\'ukllcC ih~t ihere Me no wood. boring' i~sei:ts un ihe Property, if required ;by lender. II' 'a '~ood iriie~tatioll inspection is 177 re4uired. Iluyer agrees to reimburse Seller for the ellst of the inspel.:tioll. If uclive infcslation(s) exbts, Seller agrees, at Seller's expense ilnd lfB b~fore ;.;eUlemcllt, tu treat fnr lll,;tivc inl'eslation(s), in accordance with ;lpplicable laws 119 RAI)QN CONTlNGI!:NCY (11..(}{)) ;\", 1M o Seller willn01 inslilll prepm'atof)' work for a radon mitigation system. (See Radon Notice) 181 ;u.t Seller will instlLll preparatory work for a radOlI mitigation system. (See Radon NOlice 1_ llt2 '" 153 156 151 '" '" " .'9. ,," '" '" '" 164 Ili5 '" '"' ltilf '" 111l 1/1 112 "' 1/4 m 176' 10. m "" '" 18011. 18t ", '" ". 185 12; 'STATUS OF WATER (11-00) 166'" Seller repi'ei>enls Ihlit allil;leof seflJement Ibis property will be serVed by: 181 ' 0 Pliblic Water' -Name of Service Provider ' 188 ..YJ On-site Well Waler which meets applicable governmental standards o Communily Water ' o -_._~-_.-.<.--4-.-----,-----'- 191 13. S'I'ATlJS OF SEWER (11-00) 192 Seller rep.:esents that property i!rserved'by: 193' i '~~ 0' Public Sewer ,_ NUllie of Service' Provider ' 194 'gj Individual On:lut Sewage Disposal System (~ee Sewage NOliee 1) f~ 0 Comm1ll1ily Sewa~e Dispru;al System 19B 0 Ilolding Thn~ (See Sewage Notice 3) o ___.~,._~,___,~__"__~_'_.._____"__.__"_'___ __'.,..'__ t~1 '98' ,.14:, ,NQTlCES. As,,"ESSMENTS& GOVERNMENT. REQUIREME:N'fS(11-oD) 1119 (A) Seller represents as of Scller.s execution of tnisAgreement, thulno public improvement, condolninlum or homeowner association assessments 200 have been made Ilgainst the Property which remain unpaid and that no notice by 1U1y govemment orpublic aul:horitY has bren sel'\'cd IIptm Sdb or anyone on the Seller's behalf, including notices relating to violations of zoning, housing, hullding. safety or fire ordinances which remain uncorrected, and that Seller knows of nil condition thal would constitute 'violaliori of llllY such oriJi/lum:es which remains uncon.ected, unless 202 otherwise specified here: _ _~__ 'i' '" 185 '" 181 '" '" ,," , '" ,," '" . ~: I ;~.~' H n 1""'192 >OJ ;it '" 1% '" ,,, '01 20' '86 '" 200 201 20' 203 204 '8' 205 2U6, 207 20' 209 21" m '" '" '" 215 216 lfl '" '" ,," 221 222 223 zu' 225' '26 '" (B) Seller knuws of no other potentiulnotteeS (incllHling violatinns) and as~t,SSmenls except as follows: 205 20. ,(I{ 20" 2/" 21" 211 212 213 (C) Seller will be responsible for any notice of improvements or as~ssm~nts received on or bi;:fore the,ullte of settlement. (D) Buyer is advised that access to a public H)ud may require issuanr;e of a highway occupam;y permit from the Department of Transportation. (E) All necessary pennits will be obtained and paid for by Seller prior to setllement. (F)! Sillier will comply witll aU restrictions alld requirements imposed by any govemmelltal authorilies. IS. .,TITLE, SURVEYS, & COSTS (11~OO) .(, . " (A) .TheProperty is to be conveyed free and clear of all liens, encumbrances, and easements. EXCEPTING HOWEVER the following: existing deed restrictions, historic I1res~rvati()n restriclions or ordinances, building restriclions, m-dimlllces, casements of roads, easemellts visihle U]l'-lll the ground,'easemenls of record, privileges or ngnts'of public'seivice companies, if any; otherwise the title to lhe above described real estate will he good mill rttm'ketahlc Ilfld such as will be ill.~uren by II reputable Title Insurance Company,at lhe regular rates. (8) In the event Seller is ulIlIble to give a good and Ln!lfketahk title and ~Ul,:11 as will he insured by a reputahle ,Title Company at dle regular rutes, 216 as lipedliro ill panlgr~JlJ) 15.l~), Buyer will haV~ the option'of t;lking sUl.:h tille as, Seller call give without Chllilgil~g the price'or of being repaid 211 allmunies paid hy l:iuyer 10 Stlller Qn account of purchase price. and Seller will i;t"imburse Buyer for any costs incurred by Buyer for those ilems 118 spt::cified in pardgraph 15(C) and ill paragraph 15(D) items (I). (2), (3); 1I11din Ihe latter evenllhcre will he;no further Iiabilityor ohligatiun Oil either 01' the parties hereto and this Agreement will become VOID. (el Any surveyor surveys which Illay be required by the Tille Insurance Company or Ihe abstracting attorney, for the preparation of an adequate legatdescription Mille I'roperty (or lhe cUlTecliotl drereof). will be secured arm paid f01 by Seller, "~D) Buyer Will pay for Ihe fo1l6willg (1) The prenllum for mechanics hen IIIsunmcC' and/or title search. or fee for eWlcellal10n of same. It any, (2) The premIUms for flood Insurance and/or fire IIlsurance with extellded coverage. insufllnce bmder ch8f8es or~'ance 11011 fee, If any, (3) Appraislll fees and charges paId III advance to mllrt$lIge lender, If ~ny, (4) Buyer.s {:ustomllry settlement eosls and ruals. (5) hutlatlon 1 ., "\ , tee or c,lpltal lundlng fee, If ,LilY $ ~ R..."....I"IH"I~. .f:c G /)/l ~\ A/S-NCPaeeJor6 Sellt'rllllllals:~_______ 2" '" 21' no '" '" nJ 114 21S 226 m 218 (E) BUyel h;l~ 1<:\'iC\\'<-,<1 OiL illill ~lIb,li"isinn rt~tlllii;J'iS rarilil'lar' wltlvlht: grnding pl;1lls,..~hO\vilLg lhe IOcalioTl and c::onlour of Ill,> IQt being pur- n~ "l.cha~cd, SIOWl dWlllage plall~ inrlud( )ling !lIl11,CaSCrliCllls, alluvial $nib, ('U~scr\,;llioll easemenls, wc.II~I!lds, or, 100 ye~~,f. )luill,t;\JIldi- pa ',~ JiO.(lSOIl or surrounding BU,Yl:;r'~ 101. d,'''' ,.F" '. m 16. ZONING CLASSIFICATION (11-00) 2Jl hih,lre,\lflh,i~ Agrcelllell\ to COlltllinlhc LOning dilSsifll::at\un (I;:\C?PI ill.case~ whcrellH~ pru~l1y :jand cach j.K\fCFIII,lercuf, if .subqivil,\~bleJ is toncd, ~:JJ ,sulely ~;r plilllarily 10 pennil single,falllily dv.:cUing,l will feI(d<;r,1I!i~:0I;'r<;e,lllel!IV~itJllhk ill lh,: optiun o[the Hilyer, and,ifvuideA'll.lY deposils ten- n~ n~"" .,.deF'~_~ hy I~C Buyer will bI;.r~llltll~ tQ the_fluyer withuut any te\lllirel'lent fur ~ou,ti <\C[iOIl. 23:i 236' .) Z(llliltg(Ja.wticJl-tilHl:~"_ ,,~~,~~~-~-- --~~-~~,----,----.-------,--.,.~--------'----;'-~ "2J6 m '~'7.. If{\NI)SGA)'INq:&.i)RIYEW^Y(11~0) J t.:'" ".' ''I ,;]' .1 t' ':>n 2:\~ (A) Sclkr will allemptlo preserve as many of the ellisling trees or shrubs as reasollhhly IlQs.~ihle,dur41g ,t.he CO~$uucJiull,of Ih<rimprqve/llent~and "138 hOlls,: on the premises. It is expressly agreed thllt Seller does not guamntec or wafnlllt tile SllrVil'al of any Irees or sbmb.~ existing on lJl<~ premises priortQ construl;:!,ivn. AnY,e:\i,~til)-g ~r.:esi<}l' .'ihmbs tlla!,may_~ie;i\fter selllcme~,l are 111<: ~ole n:spon:;il;lility Llf:Buyer. Sdil':!,\~,W be resl?lJnsible ?JY tu gr"ue ,and ~c,-,d l.he lii~'lur/:wd 8fca"',ollly, AllY, sl,jl wn;;hnJl!S tf-um rain urrll<;hiug ,;now ur,bu\'U~ml~ d\1e.._todrllugJJtsaftCf.~cllleJ.,lIent arc the 2,111 sole respuusiGilit)',uf BUyY~,:As.tp UI~.qua!ity or 1.j1lantilY,lilf the grv.'1.UI(J,~ gla~~, it ",:i'l ~ .Uuye(~ !,espulI:;ibil,ity lo "Y'!!~I'; kl\i!~e~~,1d rcsesd W as necessllty alkr s~tlleltlent.' l.,t. ~_~~ (fl) fluycr lI<:knowlcdgcs 1lml, \lue 10 adverse weather conditions and olhercvents beyond Seller's reasunahlc contrnl, items including Ihe 11riveway ?n snrfacc, grading <Hul seeding, exkrior p.linting or .slUinitlg, \lUu. ~xt~~i,?r'81l\Cre~Cs\lrtaccs may lIot be <.:ompletcd at tillle of seulement. Ullless Hl othelWISC ilgreell, no 1'01'lioll of the purehw;c prie,-, (JrOf-'li(1/l pil)'men/.\ will be pl\lced m an es\:l'ow account or wilhhehl flOllI Seller at settlclllent c4~ l.4ti to cIl111pensllte forincompkte items. SelicI' will complete theijjeins'within a'n~a~(jlll1ble time'lIfter settle'mentll& we:Jther'ConditiOllspennil. i' l,lb 241 ,(C~) Thi.~pAHlgrllrh will survive setllelnent. ' "; t "I' I 18. SUHSTITlJl'IONS-(11.00) l.t~ RlIVER,AND SELI,lm ACKNOWLlmGE Tl-IA'JIl'HIi. BUILDINGS ANn.IMPHOVEMK!'I1'S'ONTllEPItEMlb"ES-:-iWILllBE.'I'UB- ;>48 0~ STANTIAI.I.Y SIMILi\RTO THE K~'1'AHI.ISHlm HWI.OIN(; .sP~CW1CA110NS. IJU\' 1m: AlSOACKNOWUi:I.)GES 'IlJIA-T'SECU:R l~~ ~:jU liAS THE RUalT TO'MAKE SllOSTITIl1'IONS 0)' MA'n:RIAI.S UR PROnlJCI'S(W SlJUSTANTIALLYEQUAU ORIBKITER ~l.{j ~f1'! ;QUA.U'r\'-A'1' SI\'JJ,EH'SSOLKDlSCRHTION, ANn 'llHAT ACTUAl. Mi\Tli:RIAI.S ANn I'ROI){JCTS MAY'VARY' }I'ROM,&AMPU?,' ~bt <!S2" I MATEIUALSANIH'konllCTS. t,,,,";'" .;,..' .'. ,"''' <"I(;.,("'i.., ~Il:il ~5~ )9. CO'\I.NOTICI~ el'<.! ;., '1:\'- l' 2~3 201 THIS DOCUMeNT MAY NOT SHLL, CONVEY;TR'ANSflER.'lNCLUDB OR INSURE'THE Trl'LE TO/fHE COAl. AND RIGUTS OF Slll'~ ht 1~;5 PORT UNDERNEATH TilE SURFACE LAND DESCRIBED OR'REfiERRED T()'HEREIN, AND TilE OWNER OR OWNERS OF SUCH l~l:' ?~ir' ' Cl>AIA\-1ArIJAVE,THE COMPLETE LEGAL RIGHT TO REMOVE ALL SUCH COAL AND IN THAT CONNECTION: DAMAGE MAY 2~;6 257 RESUl.TTOTHE SltRFACE OFTIIE LAND AND ANY HOUSE, BUII.DING OR OTIIER STRUCTURE ON 0[( IN SUCH LAND. (11lis notice 251 256 is sel fonh ill the Illanncr l'wviued in Sertillll lof lhe Arl of July 17, IlJ57, P,L. 984,) "Buyer acknowllltlge~'that he may'ilOtbe nbt~ining Ihe' right 2~8 ?a9 of protel:1illll against ,ubsiden<:<: resullillg limn eoalntining operalions, and lhal dl(:~' pf<I[k"11y described hcftliu maybe protected fruln ~duma8e ,dUt: III ~a!l 260 minc subsidelll:c by " privllte nmtl'U\:t Wilh the owners of thu eclltlomh.: intere~ls inthll coal: This acknowledgement- iSlnade for ihe'pulpO!>Cot',;om- lGU plying with Ihe pHlI'i.~iOlIS of Scclilm 14 of the BitulIiinotis Mine Sub~ldellee llnd the Land'('onservatioll' ACl'of April 27; t l)66,~'. Buyet'agrecs to 21i:1iL~ "'sign the'ttecd'from Seller which de~d will Clllllaiulhc ufore~~idpr'Ovisi(m:' ;""<.1.: '."J j,. '.. I '- ': 2111 26? 20. POSSESSION (11-00) 262 263 Pussession is tll be delivered hy tleed, key~ and phy,i~lll pusse~sion to a clean building. The lo! und ouillling(s) will be free (JfJenri~ at dilY .'Ill/I time 2ii3 264 Ilfsettlell1enl. 264 265 21. RECORDING (3-85) 1llis Agreentem will nnl be {('(..'ordcd illlhe Olfiee for lllc RL'wrdjng of Deeds or in any othcr om<.:e or place uf puhlic rewrd 2ti~ 266 and if Buyer <.:a\lses or permits this Agreelllenllu be recorded, Seller 1fI1IY j,:lcct 10 trellt sm;h n.::t as a breadl of this Agreement 2b7 22, AS."iIGN1\'JEN'I' (3w85) Thb Agreement will be binding upun the parties, their respective lleirs, personal representatives, guardians and successors, ~61 268 allll to the extent :JssigIlablc, on the as,igns of the panie.~ herelo, it bCing expressly undcr,tood, however, that Buyer will nU1Iransfer or ilssign Ihis 268 U!I Agreement without the WritlCll cun~ent of Seller. 2fi!l 27ft 23. HEI10SIT & IIEC()\'F:RY FUNO (1-00) ~. VD 271 (A) ~~~ir~~t~~:11 ~ie~;;:;e;~:.~~~~e~l;j~J (;~es;ltjl~~:::::d7::~~ 1;~e~I:;t~I~~'~~I~i)~L~:g~~;t~~~~~~ ;llll~C;il~r:)l~t~;e~;~:u:~s:s~::~eU~~::I~fu~I:~:I~:;~ lit sUlllmation or tcrmination of thili Agreement in COnfllrllllty with all ilPplicahle ll\w~, .mJ regull\,tions. Any uncllshed dltck teuderetl as deposil 27Z may be held pending the a<.:ceptance of this olfer l73 (B) In the ewnt uf;j dispute over elltillem~nt to deposit monie~, a hlOker holding the lkposit is required by fhe Rules iJnd Regulafions of the Sf,llc 1I4 Relll Estate Commission (49 Pa. Code ~3SJ27) to ret:Jiu the monics in escrow until the dispute is rc,olved. luthe event of litigation for lhe 175 rellmlllf deposillTlllllies, iI broker will distribute the monies as dirccled by <I filml Ilnle-r of cOllrt or the wrilten Agreem~nt of the parties, Buyer 216 ilnd Sellcr agree thllt, in lhe event 1my broker or affiliated licensee isjoinetl in litigation for the return uf deposit monies, the attorney,' fees and Lll C()~/s of Ille hwke/'(.~) ;lIlt! liL'e-n~L-'e-{:s) will he paid by the pilrty joining lhem. (C') A Real Eswte Rcclwl,ry "und exists to reimhursc any pers.)lIs who have ohtained iI linal civil judgment aguin,t a Pennsylvania re.L! estate LI!J \i\:cnsee owillg tu fraud, misrepresentation, Of de(~cit in a real estatc transll<.:tiun and who l,ave been unahle 10 collecl the judglllelitlllkr exhausl- ~Ull iug all1cg:ll and equilable renledies. Fur cnmplcte ddaifs ahoutlhc Fund, eall O/717/U-J651i, or (XIJU) .Iln-111J (Wilhill Pl'-\lllsylvania) amI (717)7IU-<1854 (ou1>idePennsylvania), lHt CONI>OM1NHJM/J'LANNED COMMUNl'I'Y (HOMEOWNER ASSOCIATION) punuc OI'}<'ERINC STATEMENT (1.00) NOT APPLICABLE APPLICABLE: CONDOMINIUM IA) Buyer a<.:knowlcdgcs that the Property is:J unit of a condominiul11 dS defined by th~ UniforlJl COndlllJlinium ACI. Seller i:s Il dedllrlllll of Illc COll- 2B~ dominiulll and is required to provide Buyer with a public otfering ,taleml!nt. (See Conuotnimium/Unif(lnn Planned COllllllunity Notice for def- 236 initions of lIce/aratlt, pllhlic olkring sllllemelll, iIIul condominium.) 281 ([:I) The delivery of thc public offcring statelllent must be milde 110 hller than the date the Buyer e:\eclltes this Agrecment. Buyer Illay cancel this ~a& Agreement wilhin fiflcen (15) days afer receiving the public offering statement and within fifteen (15) days of I'Cl,:eipt 01 any amendment to the 28!1 Slalel11enttliat ll1aleriallYiindadver,elyaffeclSll\lyer. 29P o APPLICABLE: PLANNED COMMUNITY (IIOMEOWNER ASSOCIATION) 2'~1 (A) Buyer llcklUlwledges fhill Ihe Property is purl vf II pJllnnl.'.J fXIJ11JJlunily a~ defined by lhe Unifonll Planned Community Act. Seller i~ II dedar. 292 anI of the planned community anti is required to provide Buyer with il public otTering st:Jtemellt. (See Condominium/Unifornl Planned Community NOlice for definiliun_~ of declarant, public offering statement, and planned \:ummlltlily.) 293 (A) The declanull IIlUSt provide Buyer wilh a <.:opy of lhe public o!fcring statel1lt~nt and its anlelldments tl<.J laler limn tile dale Buyer CJlecUle-.~ lhis 29~ 29~ Agreement. Buyer may \:alleel Ihis Agreemenl within seven (7) days ufter I'e<.:eiving lhe public Offering stalement IInd within sevc:n (7) days ufter 2'95 2116 receiving any umcndmelll to the cOlllmct/hat would materially and adversely affect BUyer. 297 25. MAINTENANCE & RISK OF 1.08S (11-00) 298 Seller will bear risk of los~ from lire or olher (;usu\lhies until lime of setllement. In the event of d:J!nage by lire or other casualties to /luy property ~98 299 included in the sale lhat is not repaired or replaced prior to settlemenl. Buyer will'mvc the option of rescinding this AgfeeffiCllf amJ promplly recdv. 299 300 ing all monies pail! on llccount of purchuse price or uf extending settlement unlil such time as Seller can deliver the property in compleled condition. 300 301 Huyer is Ilcrehy norified IIlill Uuyer lWIY insure Buyer's equitnbJe illlerest in this PropeLty as of the time of ex.ecution uf this Agreement. JUl JOl 26. RELEASE (11-00) lIuycr and Seller hereby release, quit claim and forever distharge AU. HROKERS, tlleir LICENSEES, E:MPI.On:ES, :102 lmd any On'ICER or PARTNER ofltllY one of them and any other PERSON, }I'lkM, or CORPORATION who may be liahle by or through 303 them, from any llnd all claims, losses or demands, including, hut 1101 limited to, persollll' injuries lInd property damage and ull of die elm. 304 sequenCt.'S Ihereof. ThLs relellSe will survive selUement. 304 J05 27. REPRESENTATIONS (11-00) / 31)5 306 (A) Buyer understands that any represenlations, clailns, lluveni,ing, promotiunal adi\'ilie~, broehures, plaus, building specilil atiolls, ur wllrranlies 306 3D7 lllllde by Sl:ller. IJrolers, their licel1sees, el1lpluyc.:s, oftkers. or partners are not a "art of this Agreement unless ellpressl inc lrporated or slaled 3D] 3118 ill this Agreemenl. 3lJB A...,.... h-.il;"l~, 7.... 7? / A/S-NC I'aee 4 or 6 Seller Illitlals:~___ ___ 309 7/1 po ~l ,,)j l;fd 231t. ?3~ l.ll! 24)J 242 ~.!:l b',,> ;Pd ;>14 1;\5 NI 20ti 212 n3 '" 2/5 m 171 2/8 '" '18 llltl 18t 282 Z4. ?83 )il 284'0 ?85 266 2H7 268 '" 282 2/l.J 28.t ,," '" '" 2" 29< '" '"' 68' '''I HUYlT ;Jt'kJlow1cdgo:s that Brnkcrs, their liren>ees, ~lOpl()yees, uflieers or plUtll~IS haYe not IWlde an ,ISSCSSlllcnt oflhe plun, drawings, s~cirl- 3111 ~11 CCltil)j\~, or slll.:h duUm\chb Us lill.\'e~, - ~ on tilt! nature :llldquallly oflhc struclures to b~ buill by Sdlcr FUflhcnllOre, Broke! ,- -,r licensees, 311 ~J2 empluye($, n1li..:ers, and partners mat.." I{O n:prescntlitioTlwith n:spect to permits or sueh other evidence of govt::ml\\~nt UI'Prt.....lor the wn- ~I~ 3-13 slrudioll of lhe structures to he buill b~' Seller, of the environmental conditiuns, the perlllilled llses, the finandal cOllllitilln of Seller, fir lhe co[\- 313 ~H diliuns e:o;.isting illlhe I"calc when: Ihe [lWIJCl1y is situ<lled; nor have lhey made ;111 inspcLlioll (>1' lhe componcnlS, appliam:es, syslcms, or ClJn- JI-'I 3'~ .'lIme!" producls I" he installed in or aho\llthe I'rop<:rty. JI:; :lIb (C) 1\ is further un,lerstoud that this Agrcenlenl cOn[;lillS the whole Agrccrnelll between Sellcr uml Buyer mu.ltho:re un:: no other terms, uhlig<ltions, 311j 311 cIl\'cuanh, repres":lll<lliuns, s!U(ements or conditions, (lrill orocherwbc of any kind wllat'i{)t"l'er cvm:c:ruillg IJli.~ ,",lk Fwlhermure, Ihis Agrcement J II 316 willllot be altered, iIIl1ended, chWlged, or 111\luilied exccpt ill writing l'xet'lIled hy th<:: pattics. J1a JIg (Dj TII<: lleiluings, t:ilJ>lilJn.~, .:lwJ Jim: numbers ill this AgrCt:mellt are meilllt only to make it l'ilsier to nllll the paragmphs. ~IQ 31.0 28. WARRANTIES (11-00) J~U 321 (A) Assignment uf Mllllufllcturer's Wurrunlies: Seller herehy assigns tn Buyer the manufacturer's warranlies (m all applillllces, equipment, and 311 322 olher COllsumer j\rouucls III he illst;i1led ill or unlhe Propel1y. Copies uflhese wnrrdrllies will he delivered to Buyer. Seller makes nu warranties, ;121 323 l'epn:selllillions, I>r gunranlees, wilh respect 10 the upplianccs, equipment and consumer products lIml un such warranties, representations, 1l1Ld 373 324 guaranlees are herehy disclaimed, "Ine s(J[e remedy of Buyer as 10 any such items will be \0 make such claims as are al)pmpriale underfill' lIIan- 3J~ 325 ufaclurer's warrarl1ies. :jc~ :lc6 (8) Limitt;d Warranty: Excepl as set (<.Xtll in any limiled wanmlly lhiJlllJuy be pluvuk'<.J lu~rewilh, SEU.ER MAKF..-S NO OTHER RErRE. .lll. :In SF.NTATlONS OR WARRANTIIl:S 01<' ANY NATURto:, F.XrRto~SS OR IMrUEll. INCLUDING BUT NOT l.IMITED TO, 11105E 3/1 3/iJ l)Jl' WORKMANJ.lKE L'ONSTRUCTJON, IIAUlTABlLlTV, DESIGN, CONDITION, QUALITY OR OTHERWISto: AS TO Tim :ml J2Y I)ROPto~N.T\' ANn Tim RESIOENCI<: ANI) OTHto~R IMI'ROVEMENTS CONSTRUCTED TIIEREON, AND SELLER HEREBY m 3JO EXI'RI.;.o)SLY nISeLAIMS ANY SlJCH REI'RESENTA'fIONS OR WARRANTIES. Buyn hereby ucknowledges and accepts such dis- :uu 331 claimer and agrees to w(Jive uny and all rights Iluyer illllY have by virtue of such represenlations and warranlies, Except for the warranlies pro- 331 332 vided hy Seller, Buyer assumes the risk of uny uud all damage from the date of settkmclll, occurring in or appealing onllle Property n:gardless 332 333 of the calise thereof. Buyer's assumption of lhis tisk is partially in consideration of the amount of the purchase price of the Property which is 3J3 334- lower than it woull1 be it' Seller was to be held respollsible lor any such risks hy vil1ut of said expressed or implied representalions or warranties. .lJ~ m 29, TlMI~ OF Tim ESSI<:NCE-DEFA{JLT (11~OO) J35 33G Except as otherwi~e stated in this Agreement, the said time for seukment :lI1d all other lirnc~ n:ferreJ IU for lhe performance of any uf the obligll. nli 337 lions of this Agreement are hereby agreed (0 be of (he essence of this Agreement For lhe purposes of Ihis Agrec:menl, /lumber DC days wilJ be {."mmwd 331 3:16 fHlm the L1llte of execution, hy excluding Ihe day thi~ Agn:ement was executed and including the la.>t duy of lhe time period. Should Ruyer: 336 J3g (A) l'ail /(J rWike ;UJ.Y iuldi/iollul puymell/s as speciJit'u in pa:raEraph 4; OR Jj9 J,1n (B) Furnish false or incomplete informalion to Seller, Listing Broker, Selling Broker, or lhe mortgage lender, if lIny, conceming Buyer's legal or j,\O JJl firlancial slalUS, ur raillQ Cool)erate ill the processing of Ihe mortgage loan applicatiun, which uets would resul1 in till: failure to obtain the 3,11 342 approval of a muftgagc loan commitment; OR 342 343 (C) Violate or faillu fulfill and perf 01111 any other tetms or conditions uf this Agreement; 343 344 then in such case, Seller h;15 the opti(Jn of retaining all sums paid hy Buyer, ineludlllg Ihe deposit monies and monies paid for options, extras, JH 345 and/or nllerations, 1) Oil account of purchase price, or 2) us monies to he applied to Seller's damages. or 3) as liquidated damllgl's for such H5 346 breach, as Seller lrJay elect, unless utherwise checked below. 346 341 0 Seller is limited to retaining sums paid by Buyer, including deposit monies und monies paid for options, ex.tras, andicir itilerntions, as li{IUi- 341 3~8 dated damages. ' 348 349 If Seller elects to retain all surns paid by Buyer, inclUding deposit monies and monies paid fill' options. extras, an{Vur alterations, as liquidated dam- )tg 3!10 ages, Buyer wid Sdler will he relea~ecl from funher ji,lbijjty or ohlig,lIion amlthts AgrCl~menl will he VOID. 3~0 351 30. BROKERS (1-00) ,i'" 351 3~2 The Business Relationships hctweenthe Brokcr(s) and Seller and Buyer an: as follows, UNLESS a dillerent relalillnship is checked below, 352 3~3 (A) TIle Listing Broker is Agenl forSeller. 353 3~4 iB) The Selling lh'oker is Agent for Buyer. 354 355 (C) When the Lisling Ilroker and Selling Broker are the same, the Broker is a Dual Agent. Dual Agency applies 10 ulllk'Ctrsees, UNLESS lhere i~ 355 356 a besignaled Agetll(s) fur Seller and a Designated Agenl(s) for Buyer. If the same Licensee is designated for Seller and Buyer, the Licensee is 3ir6 357 a Dual Agelll. 351 358 A Business Relationship exists that Is diffen:nl from above, as follows: 358 359 0 The Selling Broker h lhe Agent/Subagent for Sl;:l]l;:r. 359 360 0 The Selling IJrokcr is a Transaclicm Licl;:l\see. 360 3b1 0 The Lisling Broker is a Transaction Licensee. 361 362 (D) Brok.er(s) may perfonn .'>Crvices to assist uurepresented parties in complying wilh the ternls Oflhis Agreement 362 363 31. MEDIATION (7-96) 363 364 0 NCrr AVAILABLE 31i4 365 )( WAIVED. Buyer and Seller undersllUld that they may choose to mediate al a later dale, shonlll a dispute arise, but thai there will be nu obli- 365 366 gallon on the pall of any party to do so. 366 361 Oa~~ 361 J68 (A) Huyerand Seller will/ry 10 resolve Ilny dispufe 01 claim rhat "my mise from this Agreement through mediation, in accordance wilh the Rules 3b8 369 allll Proeeilures of the Home SellersIHome Buyers Disptlle Resolution System. Any agreement reached through a mediation conference and 3G9 J70 signed by the partiilii will be binding. 3ID 371 (8) Buyer and Seller acknowledge thutlhey have rt~ceived, read, and unders!and the Rules and Procedures of the Hom~ SellerslHomeBuyers 311 372 Dispute: Resolution System. (See Mediation Notice.) 312 313 (C) 111is agreement 10 mediute disputes arising from this Agreement will survive settlement. 313 314 m 375 3'5 JJ6 3/6 371 311 318 3/8 379 319 3~ 3W ~1 ~1 382 382 383 383 '" J85 '" 387 'B8 ,a, ~gO Ullver Inhillls: J\~r) A/S.NC Paee 5 of 6 Seller Inltilds: )~ '" 38~ JB6 '87 'OB '89 ~gO ~9l -"J'" ,wo .:seller m:ltllvnlt,dge J"4JfJlw)' Illn'. ...1 alld undcr~talld the IllItlet's and l'xplamuory IlIfl>nllllllon scl rurth in lids Agrcen~ent. 3nl 3'12 1'3 394 :J~~ J96 3", '". 399 '". 401 .fal 4nJ '"' 405 40' 481 40' '". "" '" 41~ '13 '14 41~ 416 411 ." "" "" '21 m 421 '" 42~ '26 421 BuYt:r aeknowledgt:~ n."teh'illg a copy IIr this Agreement at the lime of signing. '1!J:l j'i,f N(nICI~ TO I'ARTIES: WHEN SIGNED, TillS AGlmEMENT IS A BINDING CONTRACr. Relum by facsimile transmission (FAX) of this J~J Agreement, ,mil all addenda, bearing Ibe signatures of all parties, COnstitlltl'S acccl)lallCe oftJlis Agreement. Partks to thh' traru.'aelum UfC advised to consult aD, G. y ""0" ,;,o'ng" lI"y d"d." ',g,,' .d,'''. .. \', . WITNESS_.. ~~ /lfI4 __ RUYERj\'~'Q '\\\J~ DATE~="1.Y()3 ::: BlIyerNamc(Pllnt.) I\! \ 1'( "'" El/'- ,t:x:P .' _ --u---- ss#~LL...l~lLKl__ Mallll\gAdure~~__IJ:LV~------'.:d~0-"'" '-- .:t2),J;b-------~~--- ~[Il Llc.'-.LL..Ut,( , , '''c,*, _~)[\__U"'~::o .________ __._ Phone#s(H) JJ.] .J~l.::::!J{i-L::t-- ~(W)_~____ WIT:::~~~'BUYER~ < 1~7;t- DATE B\lyer~-~_~J G'.':.i?'.t:~. 1 __ SStI .cit')(. ""ll- 2! J'S--~' Mailing Address .L\_t::\7.o $:HAS-,{\ Ift!\'/ Nrk.HI\_I.!~~Q~;~_. FA 19050 Phonells(II)JL'L--t1-2.-"J 4&""1'1 (W)'YI{ / :;-~9Lll~'- llAX#_. E-Mllil-----.!._____ ;J9jj ;\gl -100 .1U? 40:i '" 4U5 45' 4U1 ,.. '89 ". '" BUYER~__~_ 412 nATE___~~ 413 414 WITNE."S____. HuycrName(print) Mailing Audn:ss ss# .:" .115 416 .111 "" '" 42(1 421 422 '" 41' 4<'5 426 427 428 429 43' .31 '" 4:i3 434 '" 4J6 431 4J8 439 H' '41 442 443 ... 44:i 446 441 H' .49 .58 451 '" 45J '54 455 '56 PhoneHs(H) FAX # (W)_~_ E-Mail Se"erherebyapprovestheahoveCOl1lractthi~(dale) /1 /c2 .J 0(/.:3 .-.I and in consideration of the services rendered in procuring lhe Buy . Seller agrees to pay the named Listing Brnkt:r a fee of ~.?O ---~." of/from lhe herein specilied S<lJe price. In the event Buyer defaults hereunder, any,moniVS paid on IlCWlInI will be divided / . , Seller, , _j' LlSlmg ~,,~ bllt~~ ?enl wIlIlhe sum pald to ;::~tlllg 8m 'er be III excess 01 the above specified Bruke.'s fee WITNESS 4A7;;UL-~j7:/.?/ri- SELLER / r UATEd;/ /..? Sellt:r Name (P.tilll) /(,,1'- /V1fl.l/l# -r:.~. SS# MailingAddre~s ". 42:9 l-"hone lis (H) 430 FAX # 431 432 WITNESS 4l~ Seller Name (ptint) 434 Mailing Address ." 436 Phone #~ (II) _ 431 r'AX# 43' (W) E-Mail - SELl,ER DATE SS' (WI E.Mail WITNfI::SS Sdkr Name (prill!) MuilingAddress SRI.LER 43' '" 441 .41 '43 .44 44' 41' '" '48 44' 45' 451 452 .53 45. '" 456 '" '" 45D 460 .61 162 .63 .64 46'5 ". 467 ... 46\1 Buyerlnilillls: DATE SS' Phone #Is (11) FAXH (W) ~__ E.Mail Brokers'n,lcensecs' Certiliclltions (check all that arc aplllicahle): o Rtgardlng FHA Mortgages: The undersigned Ucensees involved in lhis Irdll8llction, on udl.'llf of Ihemselw-s ~md Jhek brokers, cenify that the terms of this Contruel for purchase are tme to the best of lheir knowledge and belief, WId that any other agreement entered into by any of c/lese parcies in canueclion wi,h Ihh Imnsm:lioll is allached to ibis Agreement. o Rtgarding Mediation: The undersigned 0 Listing Bmker 0 Selling Broker ngrees to submit to mediation in accord:lllce with paragmph 30 of lhis Agreement. LISTING BROKER (Company Name) ACCEPTED IlY DAn: SELUNG BROKIi:R (Company Name) ACCEPTli:D BY '" .58 '" ". 46' .62 '" 46. '48 ,.. 4ti7 46. .60 ~~ DATE AlS.NC Page' or 6 Seilerloillals: BROKER'S COpy COOPERATING BROKER CO~. ~NSATJON LETTEU CBC 1" '. " 1.IWl'lCRTY.......LaE.ecW j 1/." "'-c!.1....Lf!'< <. j1;t ,...i, H ,j"U9 mJYER..~_ I" (LL.'i.JVi 7.;~,~~-;I_Ej..JJb:.L________~______"_~_._ ,SEL/,E1C U,,7i""'Tj.fl..yd~JiJf..""'~ .__~_...____.__.___ 11 i~ ex:pn::~sly understood and agreed by the parties h..-:rdo Ih"l: {}( 11- 7: I(_y [;;2f /// ::::;!..., __6ij~!I-__ )1! ll11y\~r Agellt 0 Trallsac\j'lll Li<:{llsee Worl...illg with Buyer 0 Subilgcllllur Seller: \ _ ______.._ ___ .__{],'!_i.i/!dL_C _[L__,L~2~:~f::(.t._r~--?/ J~?{Cd~!f {~_j~-,-; '/J~ C. i,i lilt: is the f-i:;{ing Brub::r. ~f}.' " . . c:lJ.1. r/,~ ~(;;,u",,-_ :J Usllllg Bmkcr will pay a cash ke of $ __~ , IU/~o the Buyer Agelllnrans,u:tiull Liccnscc/Subilgcnl for Seller iJell- {died above, when the I"cc is receIved hy Listilll[im"9jf'lp(lll Clllllpletlull of sdtlcmclll. 1(, (, " I~ I,IS'I'ING UltOKER (Coml)<lIlY Nallle) _~~~_~_______,.________. A(~CI<:I'TEn BY _____.~__.__________~.______._____ nATE~_____~__ COOPERATING BROK...ERj(CJfmIJU,>>,__Nmnc)_ ... ACCJ;I'T!lIl /lY -.,L- '!.Ii.., ,.d'dH ,+r 1...-. a~L!:.,~_d2 ,;fA., ,__ . ;jf( 1'r6 (,/" DATE .1J-//.:../tiJ---_ I I ;',1 ,,:, I;) BUYER'S NOWLEI>GEMENT 0'" COOr-ERi\.TfN(; nROKI~R COMPENSA'flON: .___~_____ IlA'fJ;''-~li'-:; ._..____~..____ DATE _-.:..... ______._____._ IlATE__.._ DATE___. IlATE h' _____ OATE ,_ ~--;', .' L [~_ COI'nUl,UT I'I':NNSYI.\'ANIA ASSUU!\T10N (It' IU:AJ:l'{)KS@II)')3 51/11 , '" /ltJVER; )9 BUYEk n lWYEk ~__ _.._~_~ " SELLER._ --~__ ji Sla,LI~R~ ~- "'-f-:::-.- ')J SELLl<:({ V m Po..... "anla AasoeiatJon- of REALT RS~ ~uu'" "",_...~..._&",_..._ CERTIFICATE OF SERVICE I, William L. Adler, Esquire, Attorney for plaintiff, hereby certify on the 15 _day of Februarv ,2006, I served a copy of the within complaint upon the following person by first class mail, postage prepaid, addressed as follows: A-I Abstract Associates, Inc. 1800 Linglestown Rd. Harrisburg, P A 171] 0 Lisa Marie Coyne, Esquire COYNE & COYNE 3901 Market St. Camp Hill, PA 17011 011[/ A William L Adler, Esquire ~ () "11 ..... i' c: cu COYNE & COYNE, P.c. Lisa Marie Coyne, Esq. Pa. Supreme Ct. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Defendants Bisbee WHEA TLAND CUSTOM HOMES, INC. Plaintiffs, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -- LAW RAYMOND C. BISBEE AND JULIE B. BISBEE, his wife, and A-I ABSTRACT ASSOCIATES, INC., Defendants. : No. 05-1959 Civil Term TO: WheatIand Custom Homes, Inc. c/o Adler & Adler 125 Locust Street Harrisburg, P A l7l 0 I DATE OF NOTICE: February 17, 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANTS AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NOT FEE. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, P A 17013 (717) 240-6200 Date: February 17, 2006 COYNE & COYNE, P.C. " - 7/ I\; By: . ""~ f~'- L.,' . . sa Marie Coyne, Esquire ~ 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Cl. No. 53788 Attorney for Defendant . CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.c., hereby certifY that true copy of the foregoing Ten Day Notice was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: Wheatland Custom Homes, Inc. c/o William Adler, Esq. Adler & Adler 125 Locust Street Harrisburg, PA 17101 Dated: <2-/1'1/& J, I ' ~~k7 garie Coyne , -'.,-1 c.. r<~ ,'",:,1 -- ..... ,. COYNE & COYNE, P.C. Lisa Marie Coyne, Esq. Pa. Supreme Ct. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Defendants Bisbee WHEATLAND CUSTOM HOMES, INC. Plaintiffs, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -- LAW RAYMOND e. BISBEE AND JULIE B. BISBEE, his wife, and A-I ABSTRACT ASSOCIATES, INe., Defendants. : No. 05-1959 Civil Term PRAECIPE ENTERING APPEARANCE To the Prothonotary: Kindly enter my appearance on behalf of the Defendant, A-I Abstract Associates, Inc. COYNE & COYNE, P.C. ~~g- Lisa arie Coyne P upreme Ct. No. 53 88 3901 Market Street CampHiIl,PA 17011-4227 (717) 737-0464 Attorney for A-I Abstract Assoc., Inc. r---.. Date: I> (h~ (J' By: .. . CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Entrance of Appearance was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: William Adler, Esq. Adler & Adler 125 Locust Street Harrisburg,PA 17101 Dated: I fJ(>>~()l" 'i 'I-v\..-- ~ arie Coyne ~\>-> ('t.e -"~ <[:::-j, '01 ........ ,~<'-. o c;.. ~ '-'-.::) ~... -:;1:- ";P'" ?? .- 0" ~'\~r ~;:, .~ q; ..-1 -f". "j~e 0~ -:?''1' '(,_3.(j, ~ ~\-1 ~C) C1 -;F::((\ '-::?\ ~ .- ..." -:$- L;? -- c-> 1:"- ,,' /82006' WHEATLAND CUSTOM HOMES, INC. Plaintiffs v. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW RAYMOND C. BISBEE AND JULIE B. BISBEE, his wife, and A-I ABSTRACT ASSOCIATES, INC. : NO. 05-1959 Civil Term Defendants PRAECIPE To the prothonotary: Please mark the above action settled and discontinued w' Li At COYNE & COYNE 3901 Market St. Camp Hill, PA 17011 1 Jam L. Adler, squire Attorney for Plaintiff ADLER & ADLER P.O. Box 11933 125 Locust St. Harrisburg, PA 17108 717-234-3289 Supreme Court ID Number 39844 ~ -1- (") ~ ~"". -r..1-G:~ ?2L~ ;;:;. ~ (/:1 , ~ ~ :Jt. po -" N W i;:(~'. ""'" >c: :-::;i -<. P" :t: '? .r. -J ~ =;i.." H1f" ,"'Otn .:0.19 ',') !,-(':'\ .~~:t\ ':.) C) .':"-(11 o .--1 '?P ::<:.