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Home My WebLink About05-4904I h VN rtNNSTLVANIA COURT OF COMMON PLEAS 9th Judicial District, County Of Cumberland NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial [ Judge on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. NO NAME OF MDJ Katko Inc. 09-3-03 Susan K. Day ADDRESS OF APPELLANT CITY STATE 2 P.O. Box 370 Camp Hill PA DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' 9/16105 Scott & Penny Feeser VS Katko Inc., DOCKET No. SIGNATURE OF APPEL T OR ATTORNEY OR CV-0000195-05 This block will be signed ONLY when this notation is required under Pa. If appellan was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in R.C.P.D.J. No. 100813. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE operate as a SUPERSEDEAS to the judgment for possession in this case. within (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial L Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Scott & Penny Feeser appellee(s), to file a complaint in this appf Name of appeffee(s) (Common Pleas No. within twenty (20) days after service /77 o r suffer entry ent of non pr Signature of appellant & attorney or, RULE: To Scott & Penny Feeser appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: I, 2005 Signature Prothonotary YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APP AOPC 312-05 -T-1 • COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No. 09-3-03 MDJ Name' Hon. SUSAN K. DAY Address: 229 MILL ST, BOX. 167 MT. HOLLY SPRINGS, PA Telephone: (717 ) 486-7672 17065 ATTORNEY DEF PRIVATE : RONALD A. TURO ESQ TURO LAW OFFICE 28 S PITT ST CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: - Judgment: NOTICE OF JUDGMENT/TRANSCF PLAINTIFF: CIVIL CASE NAME and ADDRESS rFEESER, SCOTT & PENNY 120 STONEHEDGE DRIVE CARLISLE, PA 17013 L VS. DEFENDANT: NAME and ADDRESS rKATKO INC., ET AL. P.O. BOX 370 CAMP HILL, PA 17001 L Docket No.: CV-0000195-05 Date Filed: 7/15/05 } Judgment was entered for: (Name) F$gSitR, -groTT & PENNY ® Judgment was entered against: (Name) ]ATKO Tgh_ in the amount of $ 8.144 00 on ? Defendants are jointly and severally liable. ? Damages will be assessed on: F1 This case dismissed without prejudice. Amount of Judgment Subject to ? Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ (Date of Judgment) (Date & Time) Amount of Judgment $ 8,000. Judgment Costs $ 144. Interest on Judgment $ Attorney Fees $ Total $ 8,144. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU -- MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT J UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FI A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FL SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. r .. Date MagisteTiel.District Judge Ail' I certify that this is a true nd correct copy of the reco d of proceedings containing the judgment. Date Magisterial District Judge My commission expires first Monday of January, 2010. SEAL AOPC 315-05 DATE PRINTED: 9/16/05 11:38:03 AM 7 r-Zl Scott & Penny Feeser, Plaintiffs V. Katko, Inc. Defendant In The Court of Common Pleas Cumberland County, Pennsylvania No: 05-4904 Civil Term PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland ss AFFIDAVIT: I hereby (swear) (affirm) that I served ® a copy of the Notice of Appeal, Common Pleas No._ , upon the Magisterial District Judge designated therein on (date of service) September 21, 2005, ? by personal service ® by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Scott & Penny Feeser, on September 21, 2005 ?by personal service ® by (certified) (registered) mail, sender's receipt attached hereto. (SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 23` DAY OF September, 200055 Z? Signature of fafflant aAet•H AMeloll WMN?gON VY,7? Title of official My commission expires on Dar,, 20 AOPC 312A - 05 cr a cr fL ru ypl (Q Postage $ t` ?aV?'?K gl Postage $ Qp?QQ l Certified Fee O fL ppCa yertifmd Fee ? T R Zf Postmark (1J ( y? ark Po Q„ Receipt Fee e (Endorsement Required) / r / Here 1 Return Receipt Fee Here O J Ir (Endorsement Requiretl) M O Restricted Delivery Fee (Endorsement Required) co O O Restricted Delivery Fee (Endorsement Required) O ra Total Postage & Fees 'j $ O Total Postage 6 Fees $ L g '7' a ? ti ti Sant TO LU Susan K Daq ,al - Street, APL No.; or POROxNO._?PYt?? ---------- --------- o L- -- . . -- .--- - --------------- aaq , ?IS 4 Ciry, State, ZIP+ rIlSx-, O _ _ -- / - r ''' o c> -?, Cs ?? ..{ ? f./J rt T ,. ? ,: i''? lil ?. ? `O _? r 5"j rl `. ? r N ,...! ? C?..> ;} q -il y{7 4 ? ' ?: ??? .-t .- +' L ?? . ?{ ^: ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL COVER SHEET Scott Feeser and Penny Feeser, Husband and Wife, Plaintiffs No. 05-4904 vs. Civil Action - Law Katko, Inc., and Joseph Katkocin, Defendants. Complaint Caldwell & Kearns Brett M. Woodburn, Esquire Attorney ID# 81786 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 bwoodburw(i caldwellkearns.com Attorney for Plaintiffs Scott and Penny Feeser SCOTT FEESER and PENNY IN THE COURT OF COMMON PLEAS FEESER, Husband and Wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. : NO. 05-4904 KATKO INC., and JOSEPH CIVIL ACTION -LAW KATKOCIN, Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, Scott Feeser and Penny Feeser, husband and wife, by and through their attorneys, Caldwell & Kearns, and file the within Complaint; and in support thereof, avers as follows: 1. Plaintiffs, Scott and Penny Feeser ("Plaintiffs"), are a married couple currently residing at 120 Stonehedge Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant, Katko Inc., ("Defendant Katko"), is a Pennsylvania business corporation and general contracting company, with a principal place of business located at P.O. Box 370, Camp Hill, Pennsylvania, 17001, and registered corporate office at 3803 Pamay Drive, Mechanicsburg, Pennsylvania 17055. 3. Defendant Joseph Katkocin, ("Defendant Katkocin"), is an adult individual and owner, president and agent of Defendant Katko, who currently resides at 3803 Pamay Drive, Mechanicsburg, Pennsylvania 17055. 4. On or about July 23, 2003, Plaintiff Scott Feeser entered into an Agreement of Sale ("Agreement") with Defendant Katko for the purchase of a new home located at 120 Stonehedge Drive, Carlisle, Pennsylvania, 17013 ("Property"). A true and correct copy of the Agreement of Sale is attached hereto as Exhibit "A " and incorporated herein by reference. 5. The Agreement between Plaintiff and Defendant included the installation of hardwood flooring in three rooms of the home. 6. Plaintiff Penny Feeser was an intended third party beneficiary of the Agreement. On or about September 26, 2003, Plaintiffs conducted settlement on the home and title was transferred from Defendant Katkocin to Plaintiffs as husband and wife. 8. Defendants were aware that the Property was being purchased with marital funds and was to be used as the marital residence of Plaintiffs. 9. Subsequent to settling on the property, Plaintiffs discovered that hardwood flooring installed in the kitchen was defective. 10. The defects were due to improper and substandard installation of the hardwood flooring in the kitchen. 11. The defects were discovered over time as colored wood putty was extruded and loosened from gaps between the boards as the flooring was walked on. 12. When the colored wood putty came out of the hardwood floor, large and noticeable gaps were detected between the strips and at the joints of the hardwood flooring in the kitchen area of Plaintiffs' home. 13. It is believed, and therefore averred, that Defendants knew of the defects in the hardwood flooring of the kitchen prior to settlement. 14. Defendants never disclosed their knowledge of the defects in the hardwood flooring of the kitchen to either Plaintiff prior to settlement. 15. It is believed, and therefore averred, that the Defendants, individually and/or through agents or contractors under their control, attempted to conceal the gaps in the defective and improperly installed hardwood flooring by filling the gaps with wood putty. 16. The wood putty used by Defendant Katki and/or Defendant Katkocin was the same color as the hardwood flooring, which prevented Plaintiffs from detecting the defects in the flooring prior to settlement. 17. On or about July 9, 2004, Plaintiffs notified Defendants of the defects by notifying Defendant Joseph Katkocin and requesting that the defective flooring be repaired or replaced. 18. To date, despite numerous demands, Defendants have refused to correct the problem with the damaged hardwood floors in the Plaintiffs home. 19. On or about February 25, 2005, at the direction of Plaintiffs, the flooring was inspected by Restorations Unlimited, Inc. 20. Restorations Unlimited, Inc., determined that the flooring in the kitchen area was damaged due to improper installation techniques being used when the floor was first installed and needed to be replaced. 21. Restorations Unlimited, Inc., provided a bid proposal for correction of the improperly installed flooring amounting to approximately $8,000.00 for removal and replacement of all of the hardwood flooring in the first floor of the property. A true and correct copy of the bid proposal from Restorations Unlimited, Inc., is attached hereto as Exhibit 'B" and incorporated herein by reference. 22. It is believed, and therefore averred, that the hardwood floor product originally installed throughout the first floor of the Property is no longer available from the manufacturer. 23. Because the defective kitchen flooring is contiguous with the other hardwood flooring in the first floor of the property; all of the hardwood flooring must be replaced if the matching type, color and grain of hardwood flooring cannot be obtained from the manufacturer. 24. Simply replacing the hardwood flooring in the kitchen with a product that does not match the type, color and grain of hardwood flooring contiguous to the kitchen flooring would be insufficient to maintain the aesthetics and look of the first floor flooring Plaintiffs were promised to receive by the Defendants. COUNT I - BREACH OF CONTRACT Plaintiffs v. Katko Inc. 25. Plaintiffs incorporate paragraphs 1 through 24 above as if set forth in full. 26. Plaintiffs tendered Two-Hundred Fifty Nine Thousand Nine-Hundred ($259,900.00) Dollars in exchange for Defendant Katko's promise to deliver the Property as set forth in the Agreement, including properly installed hardwood flooring. 27. Defendant Katko breached that duty to Plaintiffs by failing to deliver the Property with properly installed hardwood flooring in the kitchen area of the home. 28. As a direct and proximate result of this breach, Plaintiffs have suffered the damages as set forth herein above. WHEREFORE, Plaintiffs Scott and Penny Feeser respectfully request that this Honorable Court enter judgment in their favor and against the Defendant Katko Inc., in an amount not in excess of $35,000.00, including interest, attorneys' fees, and any other relief this Court deems necessary and appropriate. COUNT II - BREACH OF EXPRESS WARRANTY Plaintiffs v. Katko Inc. 29. Plaintiffs incorporate paragraphs 1 through 28 above as if set forth in full. 30. The Agreement of Sale entered into by Defendant Katko on July 23, 2003, provided a "One Year Builder Warranty". See paragraph 29 of Exhibit "A. " 4 31. The language provided in the Agreement of Sale fails to elaborate any restrictions on the express warranty. 32. Any ambiguity in the warranty was the result of drafting by Defendant Katko or its agents and the warranty language should be construed as broadly as possible in favor of Plaintiffs. 33. Defendant Katko had a duty to remedy any defects in the home purchased by Plaintiffs for a period of one year from the date of settlement, including the defective flooring conditions described above. 34. Plaintiffs provided notice of the defective flooring to Defendant Katko within the one year period provided in the warranty. 35. Despite Plaintiffs' demands to Defendant Katko, Defendant Katko has refused to remedy the defective flooring conditions. 36. Defendant Katko breached the express warranty by failing to remedy the defective flooring. 37. As a direct and proximate result of the Defendant's breach, Plaintiffs have suffered damages of approximately $8,000.00, plus costs. WHEREFORE, Plaintiffs Scott and Penny Feeser respectfully request that this Honorable Court enter judgment in their favor and against the Defendant Katko Inc., in an amount not in excess of $35,000.00, including interest, attorneys' fees, and any other relief this Court deems necessary and appropriate. COUNT III - FRAUD Plaintiffs v. Katko Inc. and Katkocin 38. Plaintiffs incorporate paragraphs 1 through 37 as if set forth in full. 5 39. Defendants Katko and Katkocin represented to Plaintiffs that there were no defects in the hardwood flooring in the home and it was installed in a good and workmanlike manner. 40. Such representations were material to the transaction of purchasing a new home. 41. The representation was made falsely with knowledge of its falsity or recklessness as to whether it was true or false. 42. The Defendants intended to mislead Plaintiffs into relying on their representations, in that the Defendants knew that the defects were hidden by their efforts to conceal the defects with the wood putty. 43. Plaintiffs justifiably relied on the Defendants' representations in that Defendants were in a better position to have known of the condition of the Property. 44. The resulting damages, as more fully stated herein above, were directly and proximately caused by the Plaintiffs' reliance upon the representations of these Defendants. 45. The Plaintiffs' injuries and damages were the result of the gross, wanton, recklessness of these Defendants, and thus an award of punitive damages in this matter is justified. WHEREFORE, Plaintiffs Scott and Penny Feeser respectfully request that this Honorable Court enter judgment in their favor and against Defendant Katko Inc., and Defendant Katkocik in an amount not in excess of $35,000.00, including interest, punitive damages, attorneys' fees, and any other relief this Court deems necessary and appropriate. COUNT IV- UNFAIR TRADE PRACTICES Plaintiffs v. Katko Inc., and Katkocin 46. Plaintiffs incorporate paragraphs 1 through 45 above as if set forth in full. 47. The Pennsylvania Unfair Trade Practices and Consumer Protection Law, ("UTPCPL"), defines "unfair or deceptive acts or practices," in part as follows: "(4) "Unfair methods of competition" and "unfair or deceptive acts or practices" mean any one or more of the following:... (v) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation or connection that he does not have;... (vii) Representing that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another;... (xiv) Failing to comply with the terms of any written guarantee or warranty given to the buyer at, prior to or after a contract for the purchase of goods or services is made;... (xxi) Engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding." 73 P.S. § 201-2(4)(xiv). 48. The conduct of the Defendants set forth herein above constitutes unfair and deceptive acts or practices and is a violation of the Pennsylvania Unfair Trade Practices Law, 73 P.S. §§ 201-1 et seq. 49. The UTPCPL allows for a private cause of action for any violation of the Act. 73 P.S. § 201-9.2. 50. The UTPCPL allows recovery of treble damages and attorneys fees. Id. 51. As a direct and proximate result of Defendants' unfair or deceptive acts or practices, Plaintiffs were harmed as described herein. WHEREFORE, Plaintiffs Scott and Penny Feeser respectfully request that this Honorable Court enter judgment in their favor and against Defendant Katko Inc., and Defendant Katkocik in an amount not in excess of $35,000.00, including interest, punitive damages, attorneys' fees, treble damages, and any other relief this Court deems necessary and appropriate. COUNT V - NELGLIGENT MISREPRESENTATION Plaintiffs v. Katko Inc. and Katkocin 52. Plaintiffs incorporate paragraphs 1 through 51 above as if set forth in full. 53. To the extent that Defendants argue that the Agreement does not apply to the quality of installation of the hardwood flooring, as described above, Defendants had a duty of care to the Plaintiffs, as the seller and builder of the Plaintiffs' home, to properly construct the home and install the hardwood flooring in a skillful, careful and workman-like manner. 54. Defendants negligently misrepresented that the hardwood flooring was installed in a skillful, careful and workman-like manner, which was a material fact. 55. As the builder and seller of the Property, Defendants should have known that the flooring was improperly installed. 56. Defendants misrepresented the quality of the hardwood flooring with an intent to induce Plaintiffs to purchase the Property. 57. Plaintiffs justifiably relied on the assertions of Defendants, as Defendants were in a better position to know of the quality of the work. 58. As a direct and proximate cause of the Defendants' misrepresentation, Plaintiffs have suffered damages of approximately $8,000.00, plus costs. WHEREFORE, Plaintiffs Scott and Penny Feeser respectfully requests that this Honorable Court enter judgment in their favor and against Defendant Katko Inc. and Defendant 8 Katkocin, in an amount not in excess of $35,000.00, including interest, attorneys' fees, and any other relief this Court deems necessary and appropriate. Dated: n 0 /> Respectfully submitted, CALDWELL & KEARNS €?wbodbum, Esquire ey I.D. No. 81786 Ray J. Michalowski, Esquire Attorney I.D. No. 87135 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 05-234/93144 . STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE AIS-zK This forth rcco-trial aM appmwa bn ouL ,. ,,-d I. use to, sae rot bon A Um Prv.oeyl.anla Ace:uaGOn M RPAIlOfll, (V,NO. SE ER' q{?SINESS RELATIONSHIP WITH PA LICENSED BROKF.I BROKER(Cmnpany) IN, ?C 1tC LIEN, ?.QEl t -'''rtslb 3 PHOUe._, h rJ- f ADDRESS FAX BROKER IS THE AGENT FOR SELLER, Designated Agent(s) riu Seller if apphcahle: OR Broker is NOT the Agent for Seller and is a/an: D AGENT FOR RDYER [] TRANSACTION LICENSEE YER S BUSINESS RELATIO?SHH'1VITH PALIGENS?? ROKER BROKER (CgmLauri)_?FMAte' KEAL? Y 1 PC)f SSIG%S',:?t'"T'RONE 41()Q ADDRESS ? 7 i?lt O. 'Z- dPAA BROKER IS TREAGFNT F 5'ER. Designated Agent(s) for tracer, if applicable:-- OIZ Balocr is Nor the Agent for Raper and is anal: CIAGENT FOR SELLER D SURAGENT POR SELLER D TRANSACTION LICENSED] tVhea the same Rrokcr isAgoil far Seller and Agent fm' Buyer, licorice is a Dual Agent. All or Rroker's licensees arc also Dual Agents UNLESS there p ate Designated Agents far Bull, r and S hrr 11 it ame f s design t d f Seler and Bay We Lim It 1 Ag nt El ? r I b15 Agreel eat, dal d I. hrorcn SELLER(S): filled } lice;' and BUYER(S): lirlov "Boyce.. 2. PROPERTY (1-98) Seller hereby agrees to sell and convey to Bay.. who hereby agrees to purchase: s \LLT LVl` CERTAIN lot or In ec of g- road with h Idmgs mad ap mments tl e h rected, tf } k n us: - .- " I Cl.,f \St_- _ nthc. T1 1n Sh.? - of r)1 rcr??lkis'r--3t ?', iLrantyof?S "kbc-r l li\d in the Ch '.altl fPCn 1111-nia /p( lc_? h IdenhPica till. to g.1 11) k: Par,,[ k, Lot, Block; De 1 Book, Page, Recording Din) -"?i tr>r? ]. TLRM1IS (7.02) (A) P.cela se Price Us. Dolf rs a h'ch will 1 paid t o Scher ha Rc r folio _ le r L Cash he k n g III, AR c ten[ 2 Cash check a chin- d ,, of the e ,.cat e r of I... lg her _ _ 4 ? '. __ q e? 60 3 Cazh, rch lfel l knlf f ill r _/1 -__ 1O7AI 5_ ?fj /60 (B) D poefI1 1 rd I'll at l l h.nsc pr" o, b h'IJ by loku m Alltr. a tom. Ihr w x sand loco, - I" rcc lCJ S Ile a v 1 P al rql (Pg I Ire. r. c? 4 (D) Sulu nowt hao _ -_.__._ _ __ I.fnrcd6. dSrllrv o ({J Com,clnr, -con SJlcrw)tic b} I,, rrplidwd of.l.... I t my lunod -s nmd (P) l ayrnentol rsicnanc, "R d... tai cyudl} itua.uo Buy t d SJlcn ails nherwue a. tcd l rt (G) At time at,110 mu.de,hill rvlgwll be ad) dpru-ntatr ccly bassbet rc Br,,,'a dI,11i m obu- Sth Pph.a6l. n, c> ? ;p is"lid no COr Regaaf ry T: Pr a( nT.rc is lri..etor n loA? s p .. o d h r f d l era l usvc; Cr. It .. wauv I'hs wit ice:, Trry.a whcselh acv ,thin mhlt hr(CRI tic. llc duL z.vm hi kr _.. red ltr tho pc-ioJlel . o.ueI siVl will im,v nt r "10 :lading tl htc of 11101 h. III t'u mill pa, all Jays tollo g.adt vin, r z. t c st siLI,iwl L_ - hor, d. FIXTURES S PERSONAL PROP ER'11 (1.00) t' (A) INCUDLD'n the, saic red purchss. all cKsf h, cc ar arcntlp net'lld r chi l op p' I vx If e i i iP plwnhingt hating, l ,hbng fatiols i rcirdnv diardol' r au CCT r, fir ): twee-i"nra t sysclns: p. il d:pa cqu'pm r y ra ill r t than 11 calif c, rateR', mlevision antennas, shrubbuy. plantings and unpouul nee+: any remaining heafmg and cooking lock . oral en the it P oputy at th I scul nt - Il 1. 'all vp h end S I . N h d and 11 I h Ir I -1111 u - both to ILI 'ppharce dd mtge/o c III,,, >Ohux Wr d M", "IdI I ?) 1 la sP ? C tr )ov lLi ft 1 tt i?; I.= •" r,<)?. i .>?? I i r z? 4)4k ? r a (B) LEASED c (act owned } S Il,r) '. _. .. ?trrcy r, (C) EXCLUDED f.mrrs andR n 5. DATESlLIML IS OFTHE ESSENCE (1,02) (A) The said I t for seu1con' a id oil other da e a rd con", 'll.. d m for chi pc f ra cc o u lY of ncC obfy r tom I (1 11, Atrc.. cnc arc sic agreed to be of the essence of th, Agreement and arc hlnding. (R) For the purposes of this Agreement number of daps gill be counted [tom the darn of esemmon. by isdoding if, day his Agreonuv tsar ,. exccmed and including the last day of the time period =- W) Thcdale or scxlement Ic not cntcndral by rot, other ptovninn of hhis Agreemaah for nary only be utendcd by mutual wraten a_xrccmcnl of it the panics. (D) Caeainl p d: p-?l Id d?.Ag t': - d f Y ISir, '.A I -fiU:t t 'I d. ntgooable EXMW slid cosy l hanged by snklg or NC prey rrdtext :rid ln: rorg a orne prod.coeptbl to all puYcs. A uyer s: VS-2K _K Ill gc I (if A s 11 r Lci Penn ll _ Pennsylvania Association of cocse lour e:Nns' ntxu +xsor Ianrno xncfoxsw)Daz REALT)RS" nro' NOTICES AND'INFORMATION - INFORMATION REGARDING, TAX PROR.A For purposes Of prorating real estate taxes the "periods covered" by the tax bills or icipal ties,r ylvanno and for the Philadelphia, Pittboreh, and timop school disrnct,, the mx b "Ufort lan nrylto ?For ai' stir{,, the period covered by them ,as ] II In,J t 30 00 .- ... .: 5y ?de?Y n 11CATION D A A NErx WO revrkr this A meat oime is a p ovlt ?iQ shat req?? r allows c nmptic a iL to a Buye aid to is on shall b satisfied by > a tlf Wke fo uer fa ° crei no iker for Bayxi rscbpro sonmaybe,rtsfcdoc1yhyrommm?,aioNdel c,yben, wade dire u lea me erg }GbydiePV' R her6xtef n embnt tart,aa arp,N d t qt es t If vs com i ronceti /d I rat Seller, aid p': a bell b satisfied bl n t eni a- t /dlihleMtO thistrakei fo Seller if all, If th ere 1? 110 B Oker for Sell Al s Jt pro c a :,y he sat f 1 r my by co mn catiomdel en be ay made CT, a e 4 0 Sellex'Lnless orJteu sgicd m by the pates 0 6. MORTGAGE CONTINGENCY (1-02) 61 ? WANED. Thk sale is NO It contingent on omngagc limmcing. ?jp p JV ??p J? 62 ELECTED VD 7, X21) *11, A) This sole is ctnnngem upon Roycg mortgagc igas toll At, Amount Fifmongage I I w 2MT ^-" Type f rtg. yIna s t rote ? T however. Bu agrees lq-acteZl?ie' 1 st ale as may be, committed by the mortgage lender, unl to 68 osoced a Illax na n levell ale of ?n ?. °l' eL 65 5. Discount Ill Ivan origination, loan placement and other fees charged bxdlc Wndrr as a pcrcenwge Ir tIle...... large lean (cxduding 10 any mongage insurance premiums or VA funding fee) not it, excod L %(? if ern speciBd) of the mortgagc keno. 71 The interest rate and fees provisions "Freddy Buyer are satisfied if a mortgage lenJ, makes available m Boyer the n,ht ur grill In 72 interead .to at or below the Maximum Interco Rule spwiGd lanai with the pereenmgc fees at or below the amount zpol ified hare,.. Buyer n gives Seller the right, at Scller s sole option and as permitted by the mengage lender and applicable laws, to contribute finan.iall, without aA promise of Brodursemont, m the Buyer al llor the mongage lender to make the above terns available to Buyer. .. (B) Within IL DAYS (10day, if uOnspcl itObof the execution Of this Agrrunem, Buyer will o,kca,omplOvd, wntferoura......D .cat 76 for the mongage terms specified allow, to a vassa le mongage lender. Ile Hooker for Buyer, if any, otherwise the Broker for Seller is n authorized to communicate with the an ?8 lr/,xl ,ten r for the p.Fp,,. of resisting in the nmrtgage loan process. as (C) L Mortgagee mmitmcnt date 9 V .Ifa.noon connni.mcm is not rrceiv.d by Scller by the chow oil,, Iloyer 15 and Seller agree to extend the mortgage commitment date until Seller terminates this Agreement in writing by entice to Buyer. sa 2 Ulwn receipt of a mongage commitment, Buyer will promptly deliver r copy of die commitment to Seller a1 1 Sills, has the victor, to terminate Ws Agreement in writing, after the mortgagc commitment ha, if be..linguae omnfamell 82 _ is not enlid until the date of seulement.OR es b. Is conditioned upon the sale and settlement of any other Property, OR 34 a Cnlair, any other condi lion not sprdficl in this Agreement that is not sansfredand/or removed in.firing by the mortgage IenJcr Be within 7 DAYS after the mortgage commitment dale I. parvgoaph 6(C)(1). as 4. Ifthis A,reemont is troll as e, led in paragraphs 6(C)(1) or (3), tr lhemongage loan;, no, blained for settlement, alldegosit annuls s/ paid oa acenum ofp.mhas. price will be..aFired m &ryc. Buyer will beor,al lhle fill any peniums for mechanld llen insurance an floc 63 tide seal or fee for cvnccllalion of same, tfany. AND/OR any premiums for flood Insurance, mine ntbs.Mneo Insurance and/in,fle or lder. es n with aLLnd,d mvc.nge, nr airMenlo.. fee if any; AND/OR any app gild fees and charge paid in advance m the mongage en 50 (D) Ifdrenegage lender Laymen,c,lus it the Petal Buyer will, upon receipt, ddiva a copy of the man,,,c leadus rrqulmraals to Shccr_ 51 Seller will. within 5 DAYS of ove lpt of the mongage h;ndcr's equiremenlr, notify Btryenvhc.h s, Sept, will make the mAuirhd retails m at Sene...silose_ - m L If Seller choev,esm make the requhdrepairs, Buyer will accept the property and agree to the RELEASE set forth in paragraph 25 of this 91 Agreement n 2. IfSellerlouts,; not to make the required repairs. or if Seller fails to ryond within Big if,., given. Bar, a, ill, whh.. I _ DAYS, sit nitrify Seller in whin, Of Buyui choice to terminate this Agreement OR make the required repairs IF Buyer's expeme tend with Seller's s/ pcrursion, which will net be unreasonably withaud_ If Sell, deal,, Buyer pemds.ioa a0 make the required! repairs Buyer may, within 56 5 DAYS of Sellers denial, terminate this Agrccmrmt, in which tae all Acpa,it monies paid on accoam of p.,chase p rl, will be n retamedlpmmp ll to buyer and this Aarounent will be VOID_ 1.. (E) yeller Asst ,III NOI APPLICABLE 102 (-I APPLICABLE. Sell,, ill pry- IDa ? S ntaxhmml, toward How,... costs as permitted he the mortgage IcnJer. HHANA, IEAPPLICABLE, .a (F) It is expressly agreed that nolwithsandinb ,it, other provisions of thi, ci nti Buy, will not he Il liglod to complele the pnmhuse of the ten Propcny described herein or m Incur any penalty by Bodciture d eam,a money deposit, troth...... unlc„ Buyer has been given, ,I ms dance with HUD&pA or VA is reaments, a strain statement by the Pdeml Booing Commissioner, Vrtemn, Athrdnlenation, or a Direr 105 Eadorsunem tender .letting forth the appraised value of the Property of not less Ilia.. $ __' (the dollar arrount to be ill is waved I, the sales Lure Is stnwl'm pals Agreement). Buyer will have the plivile, and option Of pul log with cousin wa Of the con ' it uart wllhom repaid to the amount of the appraised val a aim.. Pte appraisal valuation Ie arrival it to determine the luaxi.mm nmrtgage the 'u Dpmt tfH :'g JLb D Ill et II [IUD does l Ithe tl Il. ftl P1,110 y B eye, loo [it I'll its atifyl If? Bill (lie price ralc all fth Property eepmbl ua N o g Section 1010 1 File IN USC Dep t t nt of Housing a1 1 b U l v . d Frilelid II S Ad usual it, frarsat p d: "'Iew"r f d11go Of of g y away the all f: IDpt t k s'fr froll Ili Fill 116 lishcs y.la¢nenL kit to the surem le fair, shall be CtW under Wistae IF eprisend rota ch 1 e aI.th. 117 (G) U.S. Department of Housing read Urban Devepatinu l (HUD) NOTICE To PUR(IIASERS: Bayer's Acknowlcdgbmert ua ? Buyer has mslvd the BUD Notice For Your Protec on. GO v Hume Insp,lune (see Non®s and bduruulrn on Property In i it, huT,ctioll)_ Buyenmdericnd, the impommee df,11 a.. Independent lwmc Fulfi ion lad has thought ahem th66,iore cloning For 126 Agree eat. 121 Buyer's lniliuls )ate_ am 122 (11) CerfiGaation we the ends. "geed, Seller(s) i td Buyer(s) party to this trwlma m inch cert fy the the to n., of th t 1 fill hill 123 true to the bell of Our knowledge ,,it belief, and that my other aglool entered into by any of these panics n correction with file ra.aac- lac Lion is loathed,, this A,memenl. rz5 7. INSPECTIONS(1-02) "I (A) Scill, ,,napugnlan, : ........ byxuth Jappnz reputable unifiers' e rcpvu. to yes. Cpel fi-11 :d/or 12t Buyer as may be r,it..d by ba mungagt told,,, if any, m Insuring agencies. Scllerfurth, ass .. mpermh.,any others,,-1mem; rulalneJ by IRS Or provided for in the terms of this Agreement Buyer has the right to attend fill .n,,colue, 1z9 (B) Be,, reserves the right m make a pre-seademem walk-through inspection of the Property. But or s right to make this inspesion .s nO1 win' 130 by any Fiber pro of this Agreement 131 (C) Scller will have healing and all diddi,s (""India, Bull(s)) on for the inxpectuall 132 (D) All lospeaors, Ocodin, home incpetmq arc aub...eld by Buyer m provide n copy of any rywns m Broker far Buy 13, R. PROPERTY INSPECTION CONTINGENCY (/-02) its 0herprovisions of bass Ag t not provide fir's. aos d/ certifications tlatar not ed altered byB election 1 135 WAIVED. Buy d rods that Buyer has the option t request inspections of the 1 roD.ry (. Proper, 1 :peat N tws and 136 /// Envlr n nml Nna cos) BUYER WAIVES THIS OPTION 1 agrees to the RELEASE set (ml ...nagnph 2S of this Agrees uu_ :m ? ELECTED Ili (A) Within __ DAYS (15 do,, It not spccifi I (Ile ereeutioa Fif th;, A,.n,cnt, Buyer I( Buyer's upense. air, 'In." or hove lnspc- u5 tiles xnmor ¢rtat.......vs .amplcwl by I..cn.d or otherwise rabbit profirWianst, (ace Prnpeny Inrpe,lon Mal... and Fnvlm....caul Ire Notices) _Tti rr nge cy does not apply to the toll twin, e Y y vadititns and/or lens: it, u (B) Should B .... ate m b: a I unw sl>w t 1 of tit, Poapeny, its del din the Pennsylvania Het Inspection 1 rw. I fsrmm of k yanlit, ?Ov Ina Ili, H..t,pit,,,tie Last) old, hi.spem'nt,ball be perfornd by a full medu l gutd sc fig of an36o1 11 Inspx....a ,,mi- na anion, ",rental led b, t lull tembcr ufo'aft II t,iupu.tit .oci:.bn ?l, lous, with the h,l mtdart retc hod, .as ofenndaca nr p....ureof that association. 1 I I H re lea lot m2 uO tat ill Ins tw IF, l05 Ire 1 Ip :J 1a Ls es. II, it, .Is I20 Itf 12, ¢f tr, 12- 12l ill uo I31 I32 133 at e as In ill 139 "a 11 tae 116 Buyer lnilivE:_ A/S-2K Page 2cAS S.IIcrlnilal, NOTICE TO BUYERS SEEKING MORTGAGE FINANCING The appraised value of the Property is used in determining the maximum amount of the loan and may be different from the purchase price and/or market value NOTICES AND INFORMATION ON PROPERTY CONDITION INSPECTIONS U.S. Department of Housing and Urban Development FHA Lomra: For Your Protection: Get a Home Inspection What Rhe FHA Dees for Buyers ...aad What We Don't De What we do: FHA helps people become homeowners by insuring mortgages for lenders. This allows lenders to offer es to first-dmo buyers and others who may not qualify for conventional loans. Because the FHA insures the loan f r the leader, the huyer payu wdown-payment. What nedon't de: FHA does not guarantee the value or condition of your potential new home If you fin ble me afho closing, we cennor give or lend yom money for rcpain, and see cannot buy the homebaok from you. Tbuts wiry h Is so importer[ for you, 'he miser, to get nn independent home Inspection. Before ask nit cpecma to lnsluu yourpotential newhoa adevo the immolation youtceA to rrakee edc , App a sal and Duane ta p t r flfT t i u Ac p t of III "eh b the i flat Ih, d'pgn fH9,,, r al. A d?Py'a ai. (cat I C, a honk, lu...Im h. AI pr.i xuls are for lot Inspections a for hLI CIS y I'll, coder ter 1 docan apps ¢ it rt ee N . I T hke lure then hero, t f HA 9[Tmniprope ty eC?d s A' Lrgeppo T ako sure flat tale fore k ntak, }di i Appraisals are not h nspcetmns d&v'J' 1 adi+j u S will a B r Needs a fin Ims A h p ctionvg es the b IT ne d toe had ........n giiam'ann apt al mfone t m you need to make a wr. der sion_ In a home inspcetnn, n quid t d 'I ecmr takes 9t rt, {h h 91aDk ip Y on, p 64al neu hr ne le E lusts' d'4'#w t t Wt +' c t m_ and m h tic lsyxtem Idottqip?? its v 9 m d t&,?a [cpmred'rY pl 1 e?tng Rfttlttfg vyo h . ey 'pn t t. rtre dl .I.e .1 r Win t fines tp(q{ax},[ t, he pe ,I Ah le I buy-h t pl y_.IC of tile II otdif tot the home and t :tlol needs h tcp' A replaced .'fhc Half I a! cis ""If ofIh' tdlovtlhr ttctt:lc opt t.t.xmftn mating Plnmb)ngclectnal. heating mnulatot and scu'I:COe, air wn t y, and tptter yrs. Bean Informed Buyer It I' ""'I asponsdo"ll h l" an noon"d bgver. Be sum that what you bur " satisfacm n very respect, You have the tight to cmerely exami m your poturnal new home with a qualified honho lospemur You should at, nge to have a home inspecUnn before you puchase your home. Make sure your con- tractstates that the sole of the home depends on he insleencn. _ 11 lefuc Coo have been s uhildt I'.' tit... le"a"of}o ur ra .:ol ,rcligio e, h,Indmop,f 'h l tams, or f al orig'm, you ahou Id gall ' de, DtiD Rtir Houxing and E,A Opeamnlly Complaint Hotline-CBW) 669-9115. llfi::rtat?u nst he delAUrtt tue;l to Cncofl Y:I U Ch apph,ati t- Raunn one -tpp to. t-1 dc:: proof of not1fefm and keep one COPY for y01 1F acordk You, the Imrmwer(s), must be certain that .nu understand the ttmoereth"..Seek prof cxidnal advice if ymh arc uncertain. 147 .. (C) If Buyer is not satisfied with the condition of the Property as stated in my winner repot Rove oil I I, too ?. Option L Within the time given for completing inspections, 119 149 1. Accept die Property with the Information stated in the reports) and agree to the RELEASE set forth in paragraph 25 ofihis Agreement, OR tag So 2. Territorial, this Agree em in writing by notice to Seller, In which case all deposit monies paid on archaic of purcham Pn0e w ill he returned rya Ill promptly to Buyer and this Agree .... art will be VOID, OR sr $52 3. Enter .in a martaally acceptablewnt¢n agreement with Seller providing for any repair s or improvements to the Proper, and/or not credit s2 "I to Be,,, at srulou em, a may be acceptable to the mortgage lender, if any, r'I 154 Should efforts to reach a annually acceptable Selectmnt fail, Buyer roust choose to accept the Property or terminate liars Agreement within 154 G5 the time given for completing inspections and according to the provisions in par agraph 8(C7 (Option I) I and 2. „ 155 ? Option 2. Within the lime given for completing inspections: r„ 157 ,. Acept the Property th the infummf Stated Ili the IcpultsIandagrcc ILL file RELEASIt s( I.tit i n paragraph 25 of this Agre rev r.?r ,u UNLESS the trial ws1 to coned the conditions cone fined in the report(s) Is "into than % tea 1,- 2. If the total cost to correct the conditions contained lit the report(s) EXCEEDS the.arrant specified In paragraph S(C) (Optiorr 2) I, Ie 150 Buyer will deliver the report(s) to Seller Within the time given for inspection. Ida 151 n_ Seger will, ,thin 7 DA) 'S of re«rving the reporgsl, nfornl Buyer in It )I Seller: choir to D. ,LI (1) Slake re{r?s l,t.,c (lement.so Na, the ten lg c,f, ,air dernswarn nd in are cpns(') IS fell than or rq cal to ,n '53 the amount specified a paragraph 8 (C) (Option 2) L '07 (2) Credit Boyer t t "ideal to' rho d'ffevnce between Ill, C,i . Ste d rose OI op:T y the cot dYO rs tar:-rod in the epnr s) s. ,65 and the amour s,,de,d In orag Th 8 (C) (Option 2) I. This option must be acceptable m [hintricate, ender, it any. - 1s5 ,a (3) Not make ,pair.andact ...on,Basic ' at settlement for any costs to ,pair conditions contained in the report(s). 155 -te b. If Seller choose, ill a ke ,pain or credit Bu}a ac ol,meat a, eparded in paragraph S 1 (Option 2) Hi hr will accept 111, u. 159 Property and agree to the RELEASE set forth in paragraph 25 of has Agreement ila lag c If Seller d....e u make rya . 1 rot to "o n Ease, at send . ..... or if Seller f T: i i nnsrari, fin. within the (I.,,, given Buyer ell, wlF r 5 DAYS nn arc (p Accept the Property with the Informmtion Stated in the report(s) and agree to the R111 %5T, set firth is pa'serfh 25 of Ills lr H2 Agreement. OR n5 (2) terminate this Al .care titwr(rgby notice t Seller, awEch '. all depose rot id'In:m aor ,hasp',, will If be occurred prompts m Be,,, and this Agteemem will be VOID .. rvo 9. WOOD INFESTATION INSPECTION CONI INGENCY (1 -02) .. -? ? WAIVED. Buyer amdcrat adsllalL"'. ILI, the opion to requcn it,,,, lire P cix t, h uspe:mdnot is ed-rtelcullo is '"Ili of pest Carroll m Opem,r. BUYER WAIVES THIS ORF ON d a rocs to the RI I 1 ASE.et lip h Ili p a graph 25 1 `A cnrunla Ili, . K ' r EJLEC ILD (?I ef f/ yU,,eaC. Ls /0ZISP r. . (A) Will.... _ 2j DAYS (I 1L,, 1 art Spa: f 1, If 1112 e%etr n0 of Ju5 Agra. rl, Bt YCr al Brier trao, " II nill:un a written "Ado d 1 l) c Desw} ng Insect Infevaf lospeefo. Report fmna ceRfed beer Control OpesnnrLill ,It delver it and all c pponly daemons and u„ 1. drawl Is pmJded by the P tCout,l 0"i'Lor,, Sol 1, The 11,111 IS m be sad Yir.is mandl mfl'arwell illlcahle law_ mar- dal _ gage land .. and/or Ledo I I 'r ad ( 'j rnr: ; Ag. .tp rc ten f any The inspeeirl 111 Irelyde it ordl_y visible and 1 Is, recallable as of all amca res "'I d e trope 1) o...or Ne I1w11 g le,raes. itch will not be 'n: peacd.- Ia! Is1 an ., (B) If To i p efor'ocals d ce of aci ve t er .. )yo_ Sell gees. art Sell s e. ...... 1 d before 'cal'arce, to great to infect 115 145 eon(s). i accr'dulle with applicable laws. 185 rF (O If the it fen , a],d neon',active vaam II),,i l er. nfeaaic t 1, Buye, at Bu} _tharc. has the opCnr to obtain writ- raj is, by . a Plot .slam, r- lo',home 1 f .......... o nil career that is l rode smaaral damage nr the Prtgem versed w 1as by wood dih,oying orgv-- dapmpo It.rl Ftlda,e.Br,e willdJAC-thenrut-I luaag, repel and correct efnpor:,t to ea Sell,, ,dal DAYS ofddicermg the anginal lnapevtioa repot ,9a ML Within 5 . DAYS of rce [lie Swcoctal J'ana"rotor :end eve rec(c hr,o,d,Seller "Ifad'.e Boyer whether Soler will repair at 1m Is^ Seller. expo se and before mtdunenr an, Lac cal dumas, front azfrve ,I o a, ria l ulw(s). 112 s2 (E) If So her h ,,IL,opara t I dvnoc re lal..l be the cp 1. hiller agrecst 1eep10e proper sAl epinced and hgreoa go the RELL4S E 193 uw set fork in paragraph 2 of Ill, %,"'i.... c 'I (I-1 If Seller chmscsmutvl rot a,tu-a 'Inucial ode i by dempm o'bil'to apmd"hilnthelamegrvun. lit_e .vbl _ DAIS. III 19: will collie Seller in conch, of Bayer claim to Per e I. Aclc 111 Prnfm}' d 111dlects rrvee Ll ly0el "sill"Ihoet 'haler""' Itn..e.ardca"" to the RELEASE set forth, parr .., it gnph 25 of lbls Agreement OR 199 /. ALike t b1flalf ildle e rift by the nrmaall, and" Tan 'rBave 1111 11,111111 111111 So I Ia sal -n,.hieh11111 red Ill ran not be uvea...i thl Jd. in'n't eRayu m lr I,oropr ty lT,,,, the RFILA.SE of "all Ili ollielph 25 if his 21, xl oercenc.I It Seller t S euver pe no nuke 'ill cell Br yc 'd 11 S DAYS of Sdir : deill. nmakan, tit, in _.. da,reemun n w e t, e led, ere II ly. s t non ,, 1 1 n eee a 1 to pa .l , f , ell be yr reed pro r ptly ro Beyer and this 212 2m Agmcmcnt col llhe is Of 1), 0 R ma 104 i. T irau. Nis\gumm.Ili Much er all depot coo pull on ,11 tofpchme p-te will he vaned pvnpdv n fill" '.,It tol ..w this Agreement will be VOID. -n 3aa 10. RISIDENTIAL LEAH-BASED PON I It ZARD REDUCPION ACI NO 'I ICE REQUIRED FOR PROPFR'I'ITS 2A 207 BUIV BEFORE 1998(1-02) ma 202 NOT APPLICABLE m5 tag ? APPLE AM 1, 09 2.. (A) Seller represents that Seller has nn knmvlcdge concerning the fresaa,, of leadEased paint and/or leadtreed fruit hazards in or about 1,, 210 21, Property, undo, checked here,. par 212 ? Se11' h, knowd'dg E Ili, ? ,senII or laid U11111 .eiur dl cad-base part l zaMS In or about d¢. Property, Wei ide the basis fill 212 _l, occurring dla( lead-I sJpaII, cud, hasn't, c,d,Ih Isaluril,dc rordrh" or NC p nr I.nrta.u, an loll.' mal:blc lnfanl:r 213 21 w -mingScher .ono, ledgeoII 1-.Hoard-N"Ll poinLartle led-ill 9ulpa rlu,I'dS1 211 a;5 (I3) Reconls/Repp'ta, ScHr, n o epar, e eco ds fora I" 1 d-booed ........ red/or h.1-ba c I 111V Ere Np In it A t t 1 e Pmpery, 215 2'7 Do lee, checked bed., 27 21 ? Seller has novidul B wth all avdl i I weds and r portl pe 1a .ning t hd-E...d prim and/t -Lad baled I ,air, hazards I, or about r va x19 'he profiles I.istd rentsl 21, Ella m (C) Unyems Aeknux[cerement B yet ha, ...... d the pa affil t l "tea G rr 6also, " u /xsel u } r Horne l ell has cold the Ixazl 0.° miilg 221 222 Sdomer, he e r d . this Agreement (... Elvl,om..... I N (.:) Buyer lu, ed Seller's -dos e ofkr col haled palm aotVor 222 223 ,lool lead-based urn hrmrdz as idenlfed in pa graph M(A) and as ,Level the Lad repoec p w "Say na III baled p- lv anNot laud- 213 221 based palm hazads Identi0ed is prmgraph 10(R). 22; 225 Buyer's Initials Date _ 225 Its (Dl RISK ASSESSNIENT/INSPEC'CION: Brv retire, led zill, le[a1 Br,,, bl red rob s; rtes 1111111 ba It he fore 1978 B,a, Sir 222 lye` to DAYSt t t A 1 I f err 1 I -d 1 fkcal h I1 t d/ ,h Il tl 1 22! Us WAIVEDBy indtltIyrhlt rleI ati t skit .suS t pY n [ rymll dl , A III 121, rad-la dpand and/or lead b edLimitha/ed. lit!)I R 1AAIV SIHISMillI dae«S t the RELEASE Set 111 Par etraph 2o 01 2a Nis Agreement 230 of ? ELECTED 211 212 1_ B Y Be,,,', c I , 'h.c cs ¢ I t risk :ur.._ ndol o li of the Pmt rs tar Icad-b:uet brun rdA r LI llbased 222 255 pr t1 '. r1, Th<cell, ve ...... tanchr tupedtn Itbe npic¢A wOfar 10 _DAY's of the 111,orrn flhyAAUmet ear 234 Buyer Initials-. ?? AIN 2K P., 3 of 8 Seller Initial.,. W- - _ _ v4 PROPERTY INSPECTION NOTICES Property Inspection:. Inspections of the Property can be performed by professloual exuat.own,ma homem,peeme'and may idcludeinspecliosoC sumo turall components; roof; exterior windows and exterior. doors; exterior. siding, fascia, gutters, and downepouc; appliance,; elelarr al, plumbing l rte' hg and cooling systems; water penetration; and any other items Bayer may select Other inspections or certifications might include. Envimnmeotal Ha ards (e.g., With, Indoor Air Quality, Asbestos, Underground Storage Tanks, etc I, Eleunamagnette Fields, Wetlands Inspl,rum, Flood Plain Venfication. Property Bn ndary/Square Footage Venficalad and any other items Buyer may select, Buyer is advised to invcstiga t rents- d 1 and use estri t hs inscud- ing any historic preservation rearicuons or ordinances) that apply to the property and to review local zoning odi ances. Flood Plains: If the Property is located is a flood plain. Buyer may be required to carry additional Insurance Property boundary / Square Floorage. Buyer is udvf.ul that SclRr has nor had the Property surveyed and drat soy knccc hedger, wills and othn' natural or cnnswcu,d barriers shay or may not represent the ru, broader, lines of the Property. Buyer is also advised that any n meal representations of aqua e footage of the structure(s) and/or lots or opry'oxln ate, rely and only he inaccurate Buyer is xebivd m engage a p ofe.Y) al survcyt r r o ffanan an iadepetdcnt meesua wn of the amcbr e(s) and/or lot - re if Buyer wishes to ..hake this sale contingent on Buyer s approval of the llt,,ha s h...... ,h,s or sluare footage. Water Serene Buyer ey clect to la thcwater. cc inspected by a profe"wrial water testing company. In uddto oh -sic vv-au,-suv,,. sly sen, may have to meet cellar. quality and/or an away mquirenmm set by the municipality or the mortgage lender. lVomill-Destroying Insect Infestation: Inaeus whose) onrw "t bled I, word, sch t, w,unes, ,ad h-bornebutt. apaotern,I, part, bets, and certain otire, ia,c,t,can cause damage to the con. 1 structure of a r,rdenre. Te-..I, and Pct Coal -nl - pen", are n a lable to Yn d, sf,"I <, It to het mart nth.- wood l,toyin.,'n ctl are pBvcah?c flit ayth: t_fi uohdnra m d Oa, be C")aeful sJ r hshould be ..ado of skilled e p is r the term to/pea coWool field u) soh e a proper d tens nafnn of whehhe' "od,boran b g ,sects rP+'reEchan(tlatta8c is 1......I <k ; I c. + Ext t 1 is P t t d Finish S}s[cros (EIFS) P I, h i e l l I Svh hh t o CgutyVw lP ,t h at) vepc aWCe n,arc lu I" ,red 'all ,t that -. I l l I t dh xt f: w To( a or ......... let snarl a f Elf's thl amt Vat p on," ho tfie s i at o P. 4s' sit t 1 T may tla t ce b i 1 I kg tar n tly are u ?hp, napd vy s ytt dhq Foen III at cause afte thelowermost edge of the exterior surface Vulacrabilus to leakage sled , on ,tut e da^'p" is ash B a nn tar lapplc tie n ttl h- um t r D g ood by t, r' b hod, at and xp hs e t p' i t ^'p kind t (hc hdetlcsy d ,at, .. f< the imai may )it Buyer p h,of uuhE1FS a that .n n nay Lk, g capea rclet exper retest g#otF m wy061 vs who wrdtrhinc the ma suite co mem of the bh IdinS s fmnhe tea nth sn e ya INFORMATION Appheahthly: In general, tire He 1 I I r Lav aq;4µsqli tut re ht 1 ..ter. A r: d t 'I ru t t -S den d as a sad. che.,,, n tullmu t "Its a a act l with vase a o h } garlic 4dth transfer 5sf'an m ,t - I 1 p t -0 NOT LESS THAN ONE VJD NOT MORE THAN FOUR RESIDENTk INIIyd.gh of rd. Se 1 lormaioh Key done The Rid Elan' S..Iler U I, so c Wei (exceptions 1-S) for Ire of exceptio stn - octal ate w a v a Home I s ti cl n pec on: non rvh: _ tans auto (gym wnhbin rt on of the re echo (rnl, elegowl rpl h bing cyst h s (It the 9liucn laid csscn (ifl oat u en[xpf I In de p [ defIlt, an et those q,carxand oopen ts andp i dt of hh oft =ll i or pr, parnnon fora ah s{aret :f Tar run l- Ides tin consultation gdrug th Itf ty that is relone,mad F) be a In rte ...pecmw apy confn gly s nd" wnh I tun does not inelude au e t olot of a s gar :.. nor mnhl lot of a residential dwelling sue' r ec nlcnlu-parn bang system or its roof The tam also format inelude an exan(atin that is limited a) unlace tnn for, or of, one or m q fPl _g;.w wM de,tmy'ng it s..,, underground ark, and wells, s,pu,t t a . warl pools oad spas, alarm sys- tenh brand water quality, acourt and pla yground qr, rut pollhtacs toxicchenuenlsand o 'imnmouh Ih ards_Th p.of' home ye lion, the services to be perform. ,, n the systems an d condhi o h: to be inspected or excluded from inspection may he detach 1, - c( ... fact I,, humus, imps"la end the elienr_ Home inspection report: A written report an the reWts of a home inspection. A Iona inspection repmt shall include (1) A descnpuon of the swpeof the hlspoeume..,:ltd t 1itlotul uhwt I it identification of he structural 1 bents, sysl sand sub,yste hs,;orered by the repert. 1 (2) A description of any mabunal defects noted durm, to, inspector. along with cry recommendation that al ain exisuts be releine to determine the extent of the defeats and chy corrective action that should he taken- A "material defect" that houses an unreasonable ,,it to people on the propm, shall bat core spaciously identified is such - A home Inspector shall loin express either orally or in v nung an estimate of the cost to repair any defect Found dune, _: ho n ' , coon, except last such an estimate may be included in a hone inspection report if, (1) the report Identifies the source of the .stomata 12) the....mate is stated as a range of costs; and (3) the report states that the parties should consider obuining at estimate front n c.atacmr who performs the type of repair involved. Slifer shall have the right, upon rs,uc,,, to receive without charge a copy of any Inspection report from the party for whom itAvm prepare. Home inspector: An individual who pennoin, a home Inspection. National home inspectors association: Any national association of home inspectors that. (1) Is operated on a not-for-profit basis and is not operated as a franchise (2) Has membus in more than tell states. (1) Requires that is person may not become a full member unless doe person has performed or participated in name than 100 home ,p char, and has pa,e,d a reogn'va or accredited examination testing km 4 dge of the proper proedurers for conducting a home ape ion (4) Reunites that is members comply with a c ode of conduct and email continuing pro0. sal edueat or la s assn ong - , l edit n r of embershlp. A brayer shall be entitled m rely in good faith, home in independent iuvesugation, on a wnnen represwwfion by a nom. inspector tent tlhe home insryxmr Is a full member in good standing of amutionnl hewn. inspection nsso¢iallon. - Material defect: A problem with a residential real property or any portion fit that would have a significant adverse impact on the value of the property or that involves an umea.umable risk to people on the property. The for that n s.,t.1 element ,Inc. sor subsystem us near, at or beyond me end of rte nor- mal useful life of such a.struemral element, system or subsystem is not by itself a material defeat. 2. Within the time set forth above for obtaining the risk assessment mul/im inspec6nn of the Property for Iced-hued paint ordsor 235 lead-hued paint ha ards, Royer may deliver to Seller a wna,n list of she zpc,ifl, hazardous crmda s cited In the it and those Vs ,sect nos requested by Buyer, along with a copy of the risk assesTrent salvor tespevon report. 237 3. Seller am , wallin 7 DAYS of sitco mg the list and mfalpls), submit. written wfecGve proposal to Buyer The collective proposal 233 will include, but not be limits(] m, the name of the remadiution company and a projected completion date for Corrective measures. Seller 239 will provide chnihratimn from a risk assessor or inspector that cmrcenve measures have been satisfactorily eon,plecd on or before the 240 projected completion date. 11, 4. Upon receiving the corrective proposal, Buyeo within 5 DAPS, will. 242 Accept the wncetive proposal and the Pmpeny in writing, and agree to the RELEASE. set forth in pamgmph 25 of this Agreement OR 243 b. Terminate Nis Agreement al writing, in which case all deposit monies paid on account of purchase prier, will he marred promptly 241 to Buyer and this Agreement will be VOID. 215 S Should Seller fail to submit a written enrrecthn proposal within the thi set forth is pomgraph W(DO of this Agteememt Buyer, ,la .man _ 5 DAYS, will 247 a. Accept he Properly in willing, and agree to tine RELEASE set forth in pangmpll25 of this Agreement, OR 248 b. Terminate this Agree ent in wining, i which case all deposit monies paid on account of purchase price will be rewind promptly 249 to Buyer and Nis Agreement will be VOID. 2w 6. Buver's failure to Barre se any of Bayer's upon within the time limits specified in (Iris paragraph will constitute a WAIVER of 2s1 this... ingmcy and Bever awepts the Properly and agrees to the RELEASE set forth ip Paragraph 25 of this Agreement. 252 (E) Certification: Bysigning this Agreement Buyer and Seller cI,at,theawumeyofheir respective smlements, to tin best of heir knowledge- ss3 It. STATU501FRADON(1-02) 2s4 (A) Seller rcpresutts tha[ Scllcr has no knowledge Concerning the presence orabsen c of radon unless checked below, 255 ? I. Seller has knowledge that the Properly was tested on the dates, by he method, (erg., charrvul cannne, alpha hack, c¢.), and s.oll 25s the results of all tests indicated below: 257 DATE. TYPE OF TEST RESULTS (picucure char or conking Lewis) ase _ 2W COPIES OF ALL AVAILABLE TEST REPORT'S will be delivered to Buyer call Nis Agreement. SELLER DOES NOT WAIL- 251 RANT BITHERTHE METHODS OR RESULTS OF THE TESTS 2n2 ? 2 Scllcr hills knowledge Nat the Property nnd,rw,nt mdan reduction measures no thedmc(s) and by Ne nshud(s) Iadn"'od fallow. 2113 DATE RADON REDucLON METHOD nt 2fid (B ADON 1NSPECTUON CONTINGENCY 261 WAIVED. Buyer understands that Buyer hasthe pi t quest hauhe Property be inspected bhad h) a emtssl In p t T, E i n- gas rental Notices Radon). BUYER WAIVES THIS OPTION and agrees to the REI FASE set forth in paragraph 25 of this Agaen u,t <9 ? ELECTED. Btrya, at Buyers expense, has the o,o a m obtain, fr a cemned inspector, a radon test of the Pmpeny, and will deliver 1 copy 211 of the test report to Seller within _,__ DAYS (IS days If not U.0 of he exeauion of this Agmcmenr (,See Envimnnwmal Nit n, Radon) 272 L Ifthe Test report revulsd p rescue, foid„ below 0.02 woA gla.els(4pi, sAn't),Ba a I,,theI'l I'll and in, s7, RELEASE, set forth in paragraph 25 of this Agreement gal _ If the lout n.potmeal, N pica,. lni t scmd6L0,0- atingle C(ll'owriesdt )65x1 will, valor __-Dal'S l7i of receipt of the test mauls ..e ? Option 1 ass n- Accept he Property in writing and agree m the RELEASE set ford, in paragraph 25 of Nis Agreunen,. OR 278 h_ Ten note Nis Aloconentiow,uing, Ia wh,,h'a" all dapoan monies ,,it nn account of purchase price will le rammed promptly to Buve, 279 and this Aglwnent ,,If fie VOID, OR s'I I. Submit a wtM1le0. cole,dile pmposal to Seller file mrectve proposal will include, but not be ]mood to, the natuc ofthc c"of"d arm 28, gallon company; pro s for payment including rc.mn and a pmjmtud comdO...n date far carmen, mwsums. 282 (U Whin DAYS of recalling the corrective p ofno,l, Seller will. 283 (a) Ago to d¢ n z of the w -i pmposal rig, in cob I p: - Buyer a,a'pns the Prolxn} ' I ...... n. ,l, Ill 2m RELEASE set IoM in paragraph 25 of fill, kgrenment, OR It (b) Not agtu to die terns of Ne corrective praparcul, tae (2) Should.Sailr not a, me tothe Isn't,. of if I. c...... epropos,lol'dSCller fails to ruspmnd within Bin fine given. Buyanvill..?uhin 'car y DAYS, elect in sio (a) Accelo Ne Rl lee writing and agree m the RELEASE set fall In paragraph 2i of Nis Agreement OR 139 (b) Terminale this Agreement it canting, it which case all deposit monies paid on I,comh ,I purchase pas will he rehlmad III promptly to Bnyer end his Agreement will be VOID. no ? Opfimt 2 292 d Accept the Property in writing and agree to the RELEASE set full In paragraph 25 of his Agreement, OR 213 IS, Submit "n n, em l pmposal to Scheel ll onech,cl moral will rLIedc butnot be limited to the ,an of me -cm0ed mill- 2913 gation company; provisions for payment,.... udmg R1pLL; and a projected wmpletim, date for collective oh scam, India ,It pay a max- 295 no of S toward the tonal cost of mmediation and recess, which 1,11 be complecd by s,t null u. 2% (D If We total wan of d-fou and rmes LACEEDS hr,wuepecitad -a paragraph D(B I f0mor 2) h,5II 'dl,whhla 291 i DAYS of receipt or thelost of mon,mation,nat, Buyer in wining of Seller's choice to : 298 (:p Pay for he mil t Rem,dan rid mlesls, II, I' h case Base,acups the Property aarmsmdin RLI]LASE. settmnh 2m in patagtad, 25 of his Agrecman, OR 208 (b) Conhibut, towuri rah, tonal coil of Pulled Xu n and cones only 0a ,mount specified is paragraph I I(B) (Option 2) b- 30, (2) If Seller chooses' not to pay for the load cots] of remnd,al and re,esm, or if Seiler fails to ,]tons, either option within tlm time 382 Risen, Riverve,11. wihin 5 DAYS, holly Scllcr in writing of Buyer's clot,, it) 303 (a) Pay he fifferu,w haww, Sells L, corunrion to amehanon and rasa, and tl0 , nal cost he,wL in wl¢h eme 1,11 Bayer accepts tine Pmpany and nylons to he RELEASE set farm in paragraph 25 of his Agreement OR al (b) 'P nomen Weis Agrecunr% n which caw all dy,orlt monies paid an account of purchase prim will be rerwnW pmmpty 3oa at Buyer and, his Agreement will be VOID. 307 12 STATUSOF%VATER(1-02) - 306 (A) Sol?lllr m,"wets hat fall Proper Is served Ev 309 Public Water ala O -sire Wan, it ? Cmmmuniv, Water 312 ? None all ? 314 ( WATER MRV ICE INSPp C l10N CONTINGENCY 315 WAIVED. B 5 k ledg That Buyer hash n..... to req I pec0on of the water service for the Prop,ny BUYER WAIVES 318 MIS OPTION and agme,to O RELEASE set 9 - I rugmpl c fns Alinement 3n' ? F,LECTFD in L Buycl-sd ,ption, vdha _ DAYS(Udaysifnol,,,lGW)oftheexecui o, ofd(s Agrmmen„d angry - In ,.a ro deliv,r Ili To Seller., rhlw l'pect nrzptr by, dulld,Ir fob ll -t econage<mpa,y of he qualev weRmrqua,ip often ner.urne. 32Q Haven Initials: 4,S-2K Page 4 of 8 Seller tratlaBV _ 322 ENVIRONMENTAL NOTICES" - Asbestos: The heat-resistant and durable nature of asbestos makes it useful in construction and industry. The physical properties that give asbestos its resis- tance to hem and decay are linked with several adverse human health effectsAsbestos can easily break into microscopic fibers that can remain suspended in the air for long periods Of time. When inhaled, these fibers easily penetrate body tissue. Asbestos is known to cause Asbestosis and various tomes of cancer. Inquiries or requests for more Information about asbestos can be directed to the O.S. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Ave., N W. Washington DC. 20460, and/or tine Dep,lornro of Health, Commonwealth of Pennsylvania. Division of Eaviroamental Health, Fairish., PA 17120. Electromagnetic Fielder Electromagnets Fields (EMPeI occur around all electrical appliances and power lines. Conclusive cindencn [hat EMFs pose health risks does not exist at present, and Pennsylvania has no laws regarding this issue Environmental hazards: The U'.S. Em menrel Pcoteeton Agency has a list of hazed ri, substances, the use and disposal of which are restricted by law. Generally. if lou,su nos eabstancek are found on a property, it is the property owners reaponsibifity to dispose lef them roperly. For mom information and a list of hazardous substances, ..tend U S_ Envanou tul Protection Agency, Anel Rios Building, 1200 Pen e., N. W., Washington RC. Mach. (202) 260-2090. f WeWmds: wetlands are protected by both the hurlerA and state go cr rcents_ Boyer may wish ro h at elands by an environ- menml engineer do determine if permits for plans to h ldd. improve, or develop the property w clod or dwne rates ed'ink. W Lead: iFor Pirupvcfivs built before 1978) Lord Warning Statemn"ie Every purchaser >f n ea. i rocs(-n stQe 141 el' celerity hal dwelling was built '11011M 1979 is t1 Itm cl proprty mayp vet ,a vno lead frptlead- pantthatd ?y pla Id a, -,,1, Of d,,cl ill, lead l e d po'so e v 6 children nos p,rdo'c "l ti l cur. real tit m in 6 d sob t e. d I t II g q co v. Min al p oblc 1 and - p d O. I udnklo pad Ic to prey ant 11 s II of t 'rear t o e d 0-enuou t A pit lee b i required ro pr d tire bllat'Cd'.$aJAh we atiaipt ? d point hoxadd tiro k , t -p n>n i e the Ilw s pos e e ai I nook th b. her ?t f?'ii w e Ica 'ant A kk n.sea..ment or repec and for pr s hle lead howl p unt arils Is recommended pro, t put lead Ilanvrds Desdnsuxe tiC4yiPeotents: In acw[rhncc wlt'ise Resiclunial L rd Based Point H-mrd Reducftn Aa, any seller of property o' It hcfore 194 nu a?E4v(te the 6ltyer with a LRe(a pro, d 1 rid Ir¢mds Inforn.di: n p oupl let titled l's, I r -A, nlle Pron Lend;, Yon, H u d taut t lose. th b er and (e B k "I" III k e n 1. l d 1 call nosed le ei et and/or lald haled p u t t ac J, Or or on the pmlr ,tit-,ggols{m lk{4","c1 wer7tudet nvl:an dp-wnm mdha,ca pa to d_a 11 1 t f1 'l ba-cdlYm aJ/o lnd.bd l ped I d n'igh?ib-ards eyu?-t}IdemlJ 1 1 t I tae 1ny `•Iler 1 a p c-I97A t o e 'r oI x 'd the buv ''N rip c [eep{d9cr aka ld?t?ERf)1@feSy{lar lee r- I lei: Ipd V ell/ I dl Wp'mh z'rd n eh unlc.p p ryh g, W, th en p M1rS{{( m ?t-Yss de?YMY7t II e.- 111 :la. Tl AaF ehe eqd ettbf h}cr blyu i[ I -I-t yh ng'nt4?}r+(n 197Nd 1 ,II d ny tall 1::bye d ur,ys.ee tym:ml ( purl)1 duo b6s iS7cCOU[Irfspet. t tl p en .ell Itr: IpYn ell/ lad hu. dp thous d.. The oppon.Rryt d t esker e'. n.u r p cti4yi?ae . b.. curd b} d e be ee , 'n .v d ?c(hertcs( er abate item s rcye irW of di. ?.ller. Housny bh dt n 147N brat S of 4,tottte Aed. Radon: IY 1 ni ":t n t I, sdiouo.ive that a prodi - i tl e and by the wr na dc- y C . a f odium. Smd(e, edcute that esto W exp'- nureto hoi1,elofrat ey:a,on... .ke the r.k of un, nu.B.doe ca fund icw voarv:? epaec. Tdud eg ba n¢ur ed enwl spa«a,no n1.'rime a smcn_.'file U S. re nre(nllntetum Agesy(E[A) al..., tevfvc ed'oe if 'he rilI.<rabce pecan to a don exceeds 002 wod deeds or 4 pmo.t'eillu..l- hoax, l:v a r.d problc e_ Iorally ere be ""'d lyi 'advcfhtoe :mNor by pcvcnt eg radon entry. Any pee ,mars. couir".. sal'eydatd:A boildin I tor arson lumsy1, anans,hecert'fdbedhe Departnent of EvinionmeeialPvta.tion_ Infornhazion ill ,:Sod da1(anltold lutmgo f_mbnf -nvalahlo tl ... Dcparmen of Gnv'nnnental Protection, Murree or lYdalioel otecten, 13th Iloo R ,l Canon Stoic OITcc BteB f g. PO. Brix 84c') . "huts o n, PA 17 OS 8462 (900, DRAWN or 117) 783-3594. Mo1d/Fungi and Indoor Air Quality: Indoor mold m.. ccanabou and the inhalation of hioaerosols (bacmne, mold spores, pollen, call v oc,os) have been as.oc a t.l 'th allerg :111'rid dine d ppe - up( v , Ogut o e. eonyh mucook membrane notation, feveli dallk_ n cl - III,, or other noOlvnt Intla n n ti e e or alleq ( ln , have beee'ssered that ", e I') mold comae nation and bioaecrsols has tell to scnona ree's.on, ..... sat e and ll ....... ul , a spss ni.. toxcsc' saml l ', of old ',or r, yut lly and o the, maho i, evict to dear the l used ce and scope of any indoor eon- dominatieBecause..shviduah may be af<cted ditPeoul or not affected atoll, by mold umtaioncil n, the surest approach to dermrmine the lemsence of call l Linn is to "a"-, t e. f a quelified pr f ual to undertnk no assess.. cal and/or snmph g Assessments and ..pli Plang, 110, tire of n Id mum r t c e performed by quullfied in peal hyg c OI nyineere, lsbomrerles and home inspector eo np-nies (had offer these services. lot( nnaron p.icinung m indooroir gn,day is mailahle demugh if,, United States Environmental Promctiom Agency and nmv he obtained by contacting IAQ INFO. PO_ Box 37133, Wolungon, D C. 20013-7133, 1-800-438-3318. 323 324 i5 326 32] 320 IN 3]a 331 332 303 334 335 336 331 33a are NO 341 342 3U 514 ]m 34a 341 148 349 350 ssl 352 353 354 355 356 3s1 ]s9 369 ]61 1,52 3so 334 ]E5 jul 361 '-63 369 370 371 a1F 313 ]u 3r5 3s, 11i 371 319 311) 361 182 333 ]a4 305 316 361 as 369 Im ]91 392 393 No 395 39fi 3gr 3,a I- 40 491 493 401 404 4a5 4a6 407 408 10, d Seller agrees m locate and provide access m the on-site or, mdrOduel) water system, if applicable, m .Seller's expense, if required by he 326 inspection colnpany_ Sol let also agrees to restore the Property, at Sellers expense, poor to soldentInt. 314 }. If the report reveals that the water service doss not mwt the minimum aroderds of any applicable gonemmrnlel author tv and/or fails to 325 satisfy the rcgairements for quality and/or quantity set by the mortgage lender, if any, then Seller will, within 7 DAYS of receipt of Ise the report. notify Buyer in writing of Seller's choice m: 321 L. Upgrade the water service to the minimum neceptual levI before settlement, is which case Buyer accepts the Property and agrees 329 in the RELEASE set forth in paragraph 25 of this Agreement. OR 329 b. Not upgrade the waxer service 309 d. If Seller chooses not to upgrade the smite to mini mum accept..blelevel c, or fails to respond within the lime gi yen, Buyer wi 11, w'uii a 331 5 DAYS, either' 332 a_ Accept the PmFerry and the water service and. if required by the mortgage lender, if any, and/or eery governmental outhedry, upgrade 333 thewate, service before seRlemerrt orI imin the time required by the toongagelend,,,if any, endear any govcmmenml authority, at 334 Buyer's expense and with Salless permission. which sell not be unreasonably withheld. a ad agree to the RFJ-F.ASEs,, Forth in par a- M9 graph 25 of this Agreement If Seller denies Buyer prncillir to upgrade the water service. Buyer may, within 5 DAYS of 336 Still, , denial. terminate this Agrvuneat in writing in which case all deposit monies paid on account of purchase phi c will be 3m cool promptl, or Boyer, and t hi, Agreement will be VOID, OR 398 h. Terminate [his 41con eat in writing, which case all deposit monies paid on areeratof purehuse price will be rimmed p,,I 335 to Buyer and this Agreement will he VOID. 115 12. STATUS OFSEW'ER(1-02) 341 (A) or represents that the property is served b, 342 Pablic liver 343 ? ? individual On10 Savage Disposal System (Sec Sewage Notice 1) 314 ? Individual On-lot Sewage Disposal Systcea in Pmximiry to Will (See Sc,, age Notice 1, see Sewage Notice 4. if applicable) Is, ? Cmmulnnity Sewage Disposal S,,tre - ]46 ? Tellwee Pemtit Exempden (So, Sewage Notice 2) 311 ? Holding Tank (See Sewage Node, B) _ 34a ? None (See Sewage None, 1) 345 ? None ASailnblcTlc,it Limitations in bitter (See Savage Notice s) 350 ? & LNDIV IDUAL ON-LO 'r SEIYAGE DISPOSAL INSPECTION CONTINGENCY 352 WAIVED_NUyer acA nou9ednas that Buyer has theopnon to rcqueaan individual nn-lotsewage dis.....I msycloon of the Pmpeny. BUYER 31] s WAIVES Tf1IS OPTION and agrees tothe RELEASEset torah In pumgmph 25 ufihi, Agreemcnr 354 ? ELECTED 355 1. Boyer hen Inc option, wllhin DAYS 05 days if nor spc if,d) of the useewloa of this Agreement and at Buyer's <xpense. m 356 d,l,, to Seller a wrist a - ielolrion repot by ; p,Hfini p f .-inner Insl i. of the indiv 1 ' , -lot sewag 1 po:al sy m. ]n 2 Shc rat Sells scup s, age.cs, ifaad4s myd'd b)the pectiou triturate, to locale pro'IC3us mend ter' tlr uNividual r, 319 ,,It sewage disposal "'ea, _ Seller also agrees Is "lot, th, Pmpeny, al Seller's ,pease, pro lo scar. ...... - 359 2_ If the chop reveals d,F0, Ihm d not q . .......... n or ephr.-nenl of tl tensing s be di_spoeal s e t Se.11le will, within 369 7_ DAYS of recanpl of the mpon, notify B.... br wining of v peI d ov m: 361 I. C ecnhe del us hcf r..seto. net ludn, ref, , ,I Shcc z asp r. c, l h'J u Bron steepen t I tv and gills m ]o2 I,, RELE.YSEsar forth Io paragraph 25 of lirls,lchcemun OR ao b. Nor ern the i f c. 354 ( a. If SIIItc :es ,on e ,e the d.fe, to 'flul.rfail, l pond wdh n the tnneg re n, he'll-,silt ,citun DAYS, tiler. 565 w A¢ept is Pt,l i and Ihr rS of m'lu( If uplc 1 by 11 h tga_, l tdu', It an ,dl , o aim. v 1 "MI Los) r the ]to defects before ,a la,,O or'-thin Ihr f c rgr-lul by the mongag, ids 'f n a', ant c g r-1 n Ill It I It 1oIItal Br era %i I ""Ia Iw'mS.llc-. po ., ,02h toll ut bet r , abif wlhefl,ad: gl,,, the Rrl F iSE set forth it pare a9 Valli, 2so of I,,, Agrecmcle If Seth ;knits Buyer pello-lon or mrzea me defog Buyer may, mimin _;_ DAYS of Scll,, , 569 dcnsd, hermem e th Ago a col i if c ,t i'h j.' all delyr, es paid on ml of pweh 1 ` l will he 2mmcd 31" orurup 1, m Buyer and this Agreement ,sill be %ro ll) OR si h. lmate ms Acnenca re "1 s. is ,,itch '. all dcpossh es pa'd m i-sall oss of p rdus 1 occ will he a end 3s, promptly m Boyer and I Agumenl ,sill be VOID_ 'N 5. If the spnt....'f need to ...... t ydxuI,, ...( r. tn'doalonl l ,cdi pwal syae ,. Sill rh ll r _=._DAV'S ve of u.ipt ,f thenp raise tau rich vp ..... I'll ml "In It nvarc ppeal call l tuck. hill (I'll hel td 0, Isla, aLlun or 111C Lis d' llnpnm 11111.111'r, ill _ "'in 't, oldklln, 1 '.u-. and : 3n,ru1 eampl i r a Jmr 11 'Le e. , u """in v ire rw111 Dill of Inle,i nf,Sell,, Ito ut,v l.rq,st.-'f s iecthvep l ale rtkned',this the hao" .Bh ]n a. Agile to (hele-t i p' lower tau) _f t Irr"C C Boyu:ceele the l opt 4y:r 1 _ smtl,RELI ASE ? era sat tool lu paragraph 2i ol lhls A?rcun,nt OR mu 1) _ A ccle the Prt I t' and the oval _ J. 11 Cglhlrt'11 ll tgugc i it any, and/or " 1' ?. Inrn t I Il lnnly. ,)ri,ct the 399 liects Floor' dl soutire role mq.tell h the non6're Irdc. f: all end/, ,S a. rl Nonty. al 13r vcr's 3.1 I, c...... and v»fi roller s Droner .. I. ,di et ' it n, be r n olor ably or lhl kt, r ad aSnz a Ti_ RELf ASE , I forth i p rat- .1 graph 25 of this ACeemenl_ If Stile-dr (u Buye i _ _. rt w c,n,or the Lilies,,, bill no airy 11 n DAYS of Selkr's 3N dcfal lemnlm, this Agreement 'n(3 'I will a.e all dole r c. "I'd on or al of ph ch. v pn¢ , lit to ruuc,al or, proll to Bnycr and ibis Agmrmem wllkbe %ro lh OR ass c1 line fma¢ this Agree Win( in aril ate hrh cats L II dip t sonic: 1 ILIIJ ncuJUm I I -1 ec price - II n -annul p llnpty a6 to B.,,, and this Agaen¢m will be VOID. '01 N. NOTICES, ASSESSMLNTS& CERTIFICC E ES OF(CClrPaNC A(1-02) "1 (A) Sauer represents. no of sell .... excu to ltlli.A ..m. it, meta, prim ciII, ,cu,u'ad n „ho'l c m.. 1,. e11.1 I III its bane been T111111 aga'nel fnc Political ca -. ei n ...pall. r1lL ¢ mfee [n l 1 ante o'do.. e bee s .. J n pun aold ]99 Sell,, orutyo.e o. Sol],, MiAlf i sloSl - 1 rc. 11, Iy l c ,........ ot.n n l l ell l .. let, I l3, I all, . s he L v, a9l arntorreued and teal Sellrko. of u, otndi ,a I'll w-dd.c ioher not isd a. Z', "icn rc un. cacd,rl.s. 392 other'' )zifcdher Ioer-,e% _._..«..e_ _ _-... 733 394 ptnnal IILLIC Id ,oroioa d j,sr -l pl sfolloss (B) SetheC, " of to aher sus L r (C) hntnc atan) (I I III re 101dr 10 a )rid _. .a. ce edaR 3rti 11 fiGIAg nee.: fiber _ r:vle rIn I, S, Ihr all 11 rut ify B y r lining, ithin _5 - DAYS of 'ing Wr t per a. that Seller 1,11 ? 993 scepcas 'uIJne0eB pisfill frp e and aau9 to it, RELF%SE set forth L Comply will lice ,all assncros'ord 391 in paragraph 25 of this Agreement, OR its 2. Not amply with notice, and acmpmnenm or S,11,, cgemC. 401 J. If Shcor chooses not w mn.ply with nooses Lou" aa.essmne., orbids "ithin the time given W notify Bu}rer if Seller will eunnplyo Buyer 40, will 1 IIy Sell" wlooll 5DAYS In wrallul mat Buyer will unions 403 ,. Color], " III, ad u.... _ 1, ul Rrvcr s ub rid age, 1. le R111,A_SE suf 9r j: le agiaph -,fi-s.-sgucnWer. OR 494 r, T.rmum I11-1 Agwnlal' a" Ieee all leprCt o,. p.L"_, .ontIpuahroep-a„ 11 le rui-rul lr.nprLy ur Bu)u 196 Wad this Agreement will be VOID 496 If B., or fail, to mtifp Seiler n thin the than given, Ihwrr accept, the properly Lou] agrees to the RCLF.ASE set forth in para. 101 graph 2, of this Agnemcna 490 (D) Buyer advised doa "I L pabcm:l ...... .iss It 'I _hwa -{ my..tort, tot the Dyrrt Ir.1 pontoon. is, r lmtml>:.__ DVS-2A Iigr n of8 Seller feu al- _ _ as Ruye SEWAGE'N'OTICES s NOTICES PURSUANT TEITHE. PENNSIUANt,A SEWAGE-FACILUU ESACT NOTICE[: THERE IS NO CURRENTLY EXISTING COMMUNITY SEWAGE SYSTEM AVAILABLE FOR, THE-SUBJECT PROPERTY Section 7'or the Pennsylvania Sewage Facilities Act provides that no person shall. install,. consumer request burproposals for construction, alter, repair or occupy any building or structure foe which an individual sewage, system it to be irenalled;:witi o it first obtaining a permit. Buyer is advised by this notice that, before slgning this Agreement Buyer should contact the local agencycharged with administering [Iw Act to determine the procedure and ovItnomments lot obtaining a permit for an individual sewage system. The local agency charged with adrincrtenng the Act e/ill be We municipality where the Pmpery is located or that mmddpolity working. taope other NO"11C'E 2: THIS PROPERTY' IS SERVICED BY AN INDIVIDUAL SEWAGE SYSTEM INS 'R E PERMIT EXEMPTION PROVISIONS OF SECTION 7 OF THE PENNSYLVA WAG IF AC ides that a pe t may not be ei d before n etall g cc smmt ro a and ne a tro ailing o1 corm t i vocierl sewage y,re n he ten act parval or lot t csu to. pt to autdr J 9) B at l.- and site t t 6 re -o? conducted and that or ` to no, e owner of the io e nV ih system at ne. the rme f a malfunction m y b hcl¢Qt nta n n hard th e I h occur, s "'all, r'x' f"- `4 s eyy '3a NOTICE J THIS Y QPUR C]`bS BER FrQ BV A HOLI?IN( TA FRNI + 7MI ORARY)TO WHICH SEWAGE IS CON VCYCy45, ?A?RC1RRk31?d?StS7 Bt?T=A?D WHIG a)LSII D DCONSCRL(T[DTO N1(ILITA?C UI7IMA7E DISPO OF TI?E$CW 1GE,A??INOTH?R.SI'CL eaneto th I I Se n Y I t :Act Sr.ll r must'irt d hi: t rv ^y gy,?tthe a??osr`?41 a t n ngfhl??$ L l t th?iGtt ,I t. t uan n or D n l a 1915 bt I ve h t_ NOTICE L?sIV?l1'?YL EVA'? lFt4 TlMHK BCrN 1ASI ALIFD 1'TAI ROL 1110th DIS CANCI GITOM AWFI I7fIV ISIISS F?CI{AN SCYNCF SPECINIED ft1 RC(LI YPH)N'Th.r gait utni P.Cod g7313p?rtai g(. nYn h rl. t,y'?+,?y'?ndatahees provWegwdanw.Sub .ot (b o'jZ+l+su_cthauhen mhorizonrultsolmion data cbetwcen an'nd .idtal water pr ?upplyn wmter supple: tsucnon nu and treatmum tm§.a shall he SB feet ?5ubsection.(c)or$]},i3 sates that the hon-mmlisolation distance between the dc al water supply or water: rdt"}'stem'notion line and they merof the ah'rpion area shall be 100 tire NOTICE 5: 'flips LOT IS WITHIN AN AREA IN WHICH PERMH LIMITATIONS ARE IN EFFECT AND IS SUBJEC'C'TOTHOSE LIMI- TATIONS. SEWAGE FACILITIES ARE NOT AVAILARLE FOR THIS LOT AND CONSTRUCTION OF A STRUCTURE ro RE SERVED BY SEWAGE FACILITIES MAY NO"i'. BEGIN UNTIL THE MUNICIPAL11 Y. COMPLETES A MAJOR PLANNING REOUIREMENT PURSUANT TO'PNC; PF_NNSYLVAN lA SE W'AGIi FACILiCi ES ACC AND RRC.IIEA"IIONS PROdIUTA.Yi'FD THEREUNDER.. all 412 413 419 415 416 417 411 119 420 421 422 123 424 425 426 427 428 429 430 421 4R 113 434 435 196 43] e,6 439 440 91 442 M3 Fria 145 id 447 148 149 go 151 G2 '5.3 $4 55 56 11 5e, (E) If required by law, within 15 DAYS of thcexecuuoa of this Agreement Seller will ordMfbrd,N,A,* to Buyer, I'll Or before will .... cut DO I . Acenificafionfront Ole appropriate municipal de,amnentMd,gronents disclosing Duke, ofan,.,.owed vMt,odw,,f inning, hods- A2 in,, building, Safety or firc.rdiaanccc, AND/OR do _. Acrodicalk,scautdngoccupancy oItheProperty- In dm cvenl mpnirs/improveinemsarc requited h)rth. usnnneo.ftho cal, Dean, Seller n4 will, within 5 DAYS of Stiller', netei a if the oA,,,wocm,, land, Buyer of the t,ninkini and whether Seller will Inake the is required repaios/icpovcmems at Sellers expense. ale IF Scher chooses To make the required repanVimpoauncris, Buyer agrees to accept the Popeny as Tepdurb and agrees in the RPl Set v' fond in paragraph 25 of this Agrennetn If Sister chooses not ,, make rise Natural repair.,/impmvemcnls, Buyer will, within _ 5 DAY'S, ns notify Seller in writing of Buyer's choice to terminate this Agreement OR .wk, the repalrsfimprovemenu at Buyers ex,ose and weak Seller's 119 permission which will not he n.rezanLilly withheld. IF Seller codes Buyer lec:misslo o) make tine required regains or if SellerfaiB to respond 420 within the Rude given, Buyer may, within 5 DAYS, no this Agreemenl in isI urg.i.which'A" all deposit monies paid on I'awnt I21 of purchase price will be returned promptly to Buyer and this Agreement will be VOID. 12, 15. TITLE, SURVEYS &CORI S(1-02) 123 (A) The Property is to be conveyed free and clear of all Heel enannhour", and ..colors, EXCEFIING HOWEVER the folk-in, ,;sting 421 deirl (de etions, ImOs nc preboOttion ro, nckon, rarordicarW,,, building ,e D,,Iuu, oidi.an,e4 w.eocal if wads, c>w.nenc visible ninm Its the ground,clonnrd,Sit record,privileges or rights if public Sell icecut npanfus,ifany:otherwisei,,,, late To the above d„crioW tell 42F will be good and marketable and such as will he insured by . reputable Tide ksura.ce Company a[ the negular rotes. 427 (B) Buyer will pay I., the knowing. (D Tide WarcAh, ate insurance andhn mr,luake, lion Iuwmnce, or Fee hr cancriLtlo. Of .amq if any, sea (2) Flood it eumnce, Bre insnrmec With extended overage; min, .Subsidence insnnnce, or fee for cantellatmn of same, if any.. (3) Appraisal ,2D fees and charges Lead in advance to mortgage lender, if any, (4) Br,c,4 cosmmnry Se 1srom w,I, and amuck- Iw (C) Any Anti of surveys which may be required by the Title lo,sonce Company or the ahgmcur, duomey f r Ibe...... mind of an al lame c, legal description of the Popery (Or tike orrecnon theeof) will he SA,.ral and paid for by Shcer. All survey or xnrvcy,c desired by Buyer or fat uOu red by tike mortgage lend" will be secured and paid I... by It.... J13 (D) In the eve, Sutler is nnahlc to give a good and InarkscA le title and suoh as will be imarcd by a re, abl, Tit, Crampmly as the regEI,r raid,, AS 431 ,ocifialat par:gorphl5(A), Buyer will have too. porn it (1) ,kin, -sackate as SeNread give With andkange to the purchase price; nr(2, her", 135 apaid allamniespaid by Buyer m Seller oa accoumof pur4hme price and being reimbuaed he Sella foray costs intoned by Buyer finally nspe.:- 43s limn or certifications banned according to the rent of the Agreement, and for those hems ,gaited in paragraph 15(B) tours ( ) (n-), (3) and in 437 paragraph 150C. in which ease than will he no further ileaddy an obl,rv.. ED e,(her of the l or... Mato alai this Agrecnmot,Fill he.mm: VOID- da 16 . ZONING CLASSIFICATION (1-02) 43, Failure of this Agednel to contain We.Di., clad, (tenor noccpt is cuss where the property l and tick parcel thereof, fsubdi I, daNc) -coned 44o Solely or pdDr.[, In pcnalt single-frail, dwellings) will eMLN Nis Agmemro ordaral, at the option of the Buyer, and, if voided, any deposit, 'IT tendered by the Buyer will he occurred to the Buyer without any requirmncnt to, call action. 442 Zoning Clucsifinatian: it p r i -? .^ /, _ a15 ? ELECTED. sitib = 15 DAYS Of dieexiscrlfn of this Ag enrim, Buyer will verify that tike exerts, u of like Plo on, as m4 pcroved. In like c,ur the use IS nos Izrmived, Buyer will, within tie time 44s give" far verification, routy Selleril writinglbat Neexixtinguscof the Pmpedy is nsx pemkiued and this Agremenl will be VOID, III which 446 none all deposit menial paid oa atcnunt of purchase price will he rc.med pokeptly to Buyer. Buyer's failure to respond within the Vine 442 f9ren will constitute n WAIVER of this eomingmey and all other term, of this Agreement remain I. full force and effect. Its V. cOA ICE 149 AE N S/ 'NUTTAPPLICABLE A? a50 /L J APPIICABLE ssl y This ytRA1MED-A.. NOTSF11, oxv,,FRANS18Rr INCLUDE OR INSIRFARE FILE TO OILCOALANO tolati Ill lCHIRT IIM)IFLEACk Cle lid Air, LAND 152 DPSCIRtED OR RnIGRRLOIO HEREM, AND DDE OWNER OR OWNFES OF SUCH COAL MAY NAVE TIRE CONPI ETE Lk DAL mCTILL 10 RENOVF At L SULII COAT.ANTI Six Its Y1 CONtHZnON. DAMAGL.1 RESULT TO Tuff-IRFACEOF IHE LAND Atha ANF NOUS' NineDING OR OInER STtUCn111L ON On IN SMII I AM), ('Pus 154 trice is sG forth in the manner provided in Saxion 1 of the Act of July 17, 1957 , RI.- 984-) "Buyer acknowledges that he may not be obtaining the X455 right of protection against Subsidence resulting from coal mining operations, and that the pmpeny de,ent" bten. may he prorteted from dunk I'll due wance,aiodakw by a private c.noaa wit the owners ofthe economic;Diet/;.lathe All, This ackbowliull Is Inch, to, In, F, ofcompiying with the provision, ofSwkon 144lhe Bituminous Mine Subsidence and to Lod Conservation Act OfApol 27 966 Buyer A,1111 4EI in sign the deed book Seller which died will conmin die aforesaid prevision. Ica 18. POSSESSION(1-02) 460 (A) Posscaion is to wdlivercd by decd, keys and- aid I- phy4cal lasses...... Lot vacua[ Pwp:.ny Gee of delso, ,T E all mvaure, boksn rills, at day and DISC of vutound, AND/OR 162 2. Assign,nem if exit;., ;cane(s), bo,I with any savory de't its and Milieu, at time of s,Wement, if PolNxry IS lI sSe d aI We as3 exccmiraDMthie Agrecnncntor unless othcrwisc.q)eeifi,d herein. Royer will uckdowledge existing lcase(sl by initialing slid I,,,(,)an m1 time of execwion Of Iris Agreement. rtes (B) Seller will Del cut,, into any new le........ ank extension of existing leases rally, ar additional Ica.. Por the Property without the open 466 consent of Buyer Ica 19. RECORDING(3-85)'[hia Agreemenr will nr be recorded in the Once Cur the Recording of Deeds ono any otheroffice or plan of public nzoni 46s and if Buyer causes or Intents this Agctiani to be recorded, Seller may elect to heat lull, act as a breach of thin A,Immem- 462 20. ASSLGNN I'(3-BS) This Agramenl will be binding No the panics their rcspectiveher,,per.sonalopres'Man ex,'llishaks and'E'ess'n, In and to the extent aaignable, ua the assigns of the patties herwo, it being cxp xS ly it (...Tooke, however, that Buyer will not vansfer or assign this In Agacmea without to written consent Of Selicr. 472 21. DBI'OSIT & RECOVERY FUND (1-02) 113 (A) Deposits paid by Buyer within 30 _ DAYS of settlement will be by cash, cashier's Or certified check Deposits regardless of tee fomk Id 471 payment and the f.okon designated as payee, will we, paid in U-5. Dollars to Broker orpsrty identified in pamgmpb 3(B), who will retain IhCr 176 an acow, acmum until cammDUnation or sonar.don of do, Agra enGlconfrand, withallapphcahielaw, aodreguhatirait, ADynnca,hW ms check tendered as deposit monies may M held pending eke accept.... of III, offer- at, (B) Upon terminal... of Iris Agreuhe.L Use Broker holding the deposit conies rill release the deposit monies in accordance whh Ible cons,, Ofa mfi fully executed wma k agreement Derivation Buyer and Seller. no (C) in the event oft dispute over uuithoWnt t.dWesit mollies, a had," seldhng the iiynol l,cnic, Is required by the Rules and R,cluou ns of ISO the State lied Estate C a dression (49 Pa Code §3532]) to remin the mmnie, in e,aow until The d,ov, is resolved- in dm oven, of languor.... 481 for Oo return of deposit Inoni r, A hoker Will ClO d an, the monies as directed , a Coal ladcrof wan Or the wade. Agmcmmroof [1, pwttes. 102 Buyer and Sells agree that, IN Be tcvmn any broker or affiliated isjoor,d in lid,alk for the retain Of dep. it monies. the anotle", null Islas and call, of tire ,...l (S) and licctsee(s) will be Rod by the party jq ours, them. all (D) A Real Estate 12 -o.cry Fund exists to relmll any persons w h have ghtuiced I feat Civil )lady tit agafnxt a P :yV -n ,,,I 'sons, 4ss lie'n',)owing to fraud, miaaprseamtion, Or deceit in it III esmllunamctur,add he It... been unable,, mll,lthe jud,orm,liist ex rod ass as,.111,11 and a no,bl, rcenede, Por couple, detail, about the Fang ,all (717) 787-3658, or, (800) 822-2113 (within Pnm,uvlva.iA and It (717) 783 4854 ou,We PerroUv.nia). All 22. CONDOMINIUVIPLANAIRDCOM.MCNI'v(HOMEOWNER ASSOCIATION) RESALE NO I IF R(1-02) is, ? NO'f APPLICABLE Ira ? APPLICABLE: CONDOMINIUM- Base, NkuwvI,k gA, tut the Pops(,, i, nil of. COnden imam [bar is poi ally run by a unit' viell I„ ....coin.. 0407 of rise U T ( ondomi.bn Ac[ of Pcm,yl 4nquers Scll. tofu iollBl)c with a Grnc'aa'f Rl,al,a d'rapila, 402 I'th 1 cellular older d spit dpl )The bvl and he l ad yet fN - APPLICABLE PLANNED COMMUNI'fl (HOMEOWNER ASS(K'INIION). Buyer k col Iy (bar tl 1 rnprrly 1 f- pL d 01 m1 u royal dC1 red by the Undrar t Planned Culturally Act fell, Definition or Planned Colonially N it rv) fikU07oo o1`de, A,tdry her. Ia9 Sellcrolim,ish Buyer with awpy otth'Ikelwndonouts, dean pIas and pP."),'heb0aws,ITT, nll,,Rld reguhakans.f th'.S,oiuliraa And ales (Dike ..gth,h .'n,,IIrani 1,§5407(,) of hoc Act. ul, Ii v 1 naL: _ ? A/S-2K Page 6 of 8 Seller ImtiaLC )? 198 DEFTNITIUN'OFA PLANNED COMMUNITY The Uniform Planned ChmmunityAdt defines"planned comemon) ds real'estato'with respecfto which a p rs a,?by vireasof ownership of an interest in any portion of the real estate, is or may become obligated by covenant, easement or agreement imposed on the owned, interest to pal ssit' amount for real property taxes. insurance; maintenance, repair, improvemedi,' management administration, or regulation of any pan of4hc real' estate otlierihan the portion or interest owned solely by the person. The term eacludep a'corporative and a condominium, but aboopmative or condominium may bepart of a planned eonnnuoty. For the p upon , of thus definition, ownership includes holding a leasehold interest at more thaai'20 year:,! mclud egremoval options, in mat estate: The term inludev non- residential' campground communities- -! lixemptihns from the Uniform Planned Community Act - When a Certificate of Resale Is Not Required The owner of a pmpe,ty located within a planned community is not required to furnish the buyer with a certificate of resale under the following ciurao stances. A. The Planned Cannirmly contains no more dear l2 'units, provided there is ao possibility ofalding real estate or subdiid'ng units to nerete the size of the planned community. B. The Planned Co a e nlty is one it) which all of th mr is an narrated esda,,v,ly era non res'dendal use unhe'ss thed'rcl... fdn provides that the real, provisions are nevertheless to hefollowed, C. The Planned Con iy t a located rside the Choom nvenlth of Penn,, 1, sma_ pc D Fire trm'fer at the t- gratriteas transfer . aErc E The name, tth he -y ad by ?atut P TI van lr it d t be the government o y vcrn urml 6 ,cy. C, The transfer t the amt s the result off cloy re in lieu of to e losurm q}YCd ? i d Natives Regarding Public Offering Statements and If Seder Ik k I (N Condominium c planned mmunav ScHer is reque edem - te amendments For I envn'ta delivery at the Pal-he Offe gStatement <r pPJ1 ran rot Ith`. 1g e e nth' Is -B. receiving tire Public Offer St and' '11 pl I emnetortes, d Daclarun root peovide the flavor with a cod the •ffering ex t s this Agree , t face, may cancel this Agreement wrth her the I ly sad d mealy afloat B } r. O lly sp kin,, the R I t t t SW a el 1t k r I 1 y,e ex h e, 11st ll n, t v , wap(r-- uy a tIt p A NOT MORE THAN FOVAR RE@FpFsTVTIAL E q pt rirt upf p,Phet?'ubIW Otte b S,Xtrie u a ed Its iafu ?yyei x t dos Age t Bayer r?,r° ate mlh 1 1 r I} alle-t Bt y - For $Tdmend ments nu late-than the date the Buyer Statement and any mar edmeus that mamrtah (FIE 'STA" ELLER DISCLOSURE LAW that hefomttm agmcnce, at Hale d ,red,[,a "ller ' _ u],u aI real t r tmnsfcr lye f d f I by t1 Ira A ,, ui d real tat a n f' is dU 1 a "I" Get t, fe .1 uema alp ape he where NOT LESS THAN ONT. AND 'S'. e invoked Th Lawdc b i'eet1I e-I: Tda moihave la lenmdo I e s order e lender that"'" It faun a her} or'sd f ut and suhsequeu foreclrsmm Its that msuh from default. i ° in thong or more order co-uwnas_ ' 4.' T} se nude phase or driver descombou 5. Iran twxn spouses that moult from divorce, legal separation, or property sentiment. 6. 'trance(" y a unpnratio"9 umerahip or other association to It shareholders, partners or other equity owners as part ofa plan of INrulaGha ]. Transfer of a property ro be dannikhed or con,,ared to nonrusideadal use N_ TraoYa r of unimproved real property. 9. Transfer by a 5 hoasiy during the administration of a decedom estate, guardianship, conservatorship or toss ID Transfers of new consumerist, that has an, or been occupied when 'I Tee buyer has received a one year warranty covering the construction, h. 'rhe building ha been inspected for rninpllance with the applicable building code ogif none, a nationally recegnizal nodal budding code: and A c,urvaac of occupancy or a unifieare of cad, compliance his been issued for the dwelling. [n addition wthose -except arts, disclosure for c.ochoo mar, ad coopemuves are limited tot the seller's particular unit(s) Discluseres regarding emotion auras orra,daies are nor orpared, as dwse elements are already addressed in the Inws that govem the, resale at condominium and cooperative interests. EXECUTION DATE All changes to the Agreement should be initialed and datedTire cute of execution is the date when Buyer and Seller have indicated fall acceptance of this Agreement by signing aod/a, In nalmg it T 499 THE FOLLOWING APPLIES TO PROPERTIES- THAT ARE PARE OFA COND04IIMUAI OR A PLANNED COMMUNITY. 500 (A) Within 15 DAYS of the execution of this Agreement, Seller will submit a request to the association for a Certificate of Resultant the doc- 5e1. colours necessary to enable Seller or comply with the Act The Act provides that the association is required to provide these documents within 592 10 days of Seller's request. 503 (B). Seller will promptly deliver to Buyer all documents received from the association- Under the Act, Seller is not liable to Buyer for the failure or 504 delay of the association to provide the Certificate to a timely manner, is Seller liable to Buyer for any a ronwm informaimn provided by 505. the ecouriaGma and included mathe CRryfirate. 506 (C) Buyer may declare this Agreement VOID at any time before Buyer's meript of the association documents and for5 days lh.reatcr OR until see seWa.ent whichever occurs First Buyer's notice dwlanng this Agmelluu void roust be in writing; thereafter all deposit Insures well be 508 retuTed to Buyer IN (D) ht the event the;maociation has the right to buy the Property (right of first refusal), and the associatlon exerlate that dghn. Seller well reimburse me Buyer for all oracles paid by Buyer on account affiliates, p,ice add for any costs incurred by Buyer for'. (I) Tide lurch, titic lnewancc anchor .r, medtanics her ilauronce, of fee for cancellation of same if any;(2)Flood in iumncodualist fue courarce with estendW cos erage, nine sub a., sdence insurance, or fee for aanwllation of same, If dry. (3) Appraisal fees slid charges paid in advance to mortgage lender, ifaay. v1 23. NIA mINTEN.ANCE & RISK OF LOSS (1-02) sit (A) Seller will maintain the Property, grounds, finmres, and any perona1 protect specifically scheduled herein In its pnseu condition, normal ss wear and tear accepted. 516 (e) Indiee,art any systm,iaap,lr,meincluded in the sale oftle Property LikandSeller does not repair or replace the imm, Seller will promptly 517 notify Bulletin writing of Seller's choice to 51e I. Repair or replace the LAW system or appliance before settlemcolor credit Buyer at settlement to rthe fail na,kelvalucof lhefailed xys- 519 mm or appliance (this option must be acceptahle to tine mortgage lender, if airy). In each case. Buyer scalpts the Propaly and agrus to ,.,. rte RELEASE sea forth in paragraph 25 of this Agreement OR 21 N. pi or replace the failed system appEatce, and act ccdt Billat settlement For the air neat ,1c, of Ili, furled 522 appliance. If Seller does col repair replace or offal a credit for lire failed system or appliance, or if Seller fails to notify Buyer 523 lif Seller's choice, Buyer will notify Sall, to willing within 5 DAYS or before att emaat, vanalwver'a sooner chat Buyer 524 will -. 525 s. Accept the Property and agree in the RELEASE set forth in paragraph 25 of this Agreement. OR 526 or T Inmate do, Agreement, in which use all deprell monies )aid on account of pnrehase pea will as banned promptly to Buycr 527 :nW this Agreement will be VOID. 528 (C) Safe, it hear t,k of u too n fire ,, other caeunlties until time sunsealunun. In the...m of dansge by coon, bill care al ull ro'my pn,p 529 city included in this sale thal is not repsired or replaced pour N s,ul,mem, Buyer ill have the option of rescinding this Agnnnent and s0 prontpty receiving all norms paid on amount IF pumlar, pace or of accepting the Popery, in its that coodimn together with the procrt 1k 5111 cfany insurance mcu% cry clearable by Sell- Buyer I, hcrcb% council that Brr, - 'mefor",,"t,(;ble-nau, IrtI, lrputy as of 3112 the Case rf asueusut If this Agreement 24. WAIVER OF CON DNGENCI F.S E-02) vill If ills Agrccue-m is....I gem oI Buyer's'rill. mat sp.....I'l repair 1111 Pmpcry. Billows failure m exercise any of Ifuyer's options within 'o ale lime limits set furor in this Agreemmlt will emtstimte a is 4IVER of coal rcontingent' and Buyer err'opts rte rmlwny and agrees to me ..o RELEASE set forth in paragraph 25 of this Agreement 557 25. RELEASE 0-02), as lluyer hereby releases, quit claims and forever disdmrgu SELLER, AI.I. BROKERS, Weir LICENSEES, EMPLOYEES, and any Of I'F ..,. CER or PARTNER of ;my one of them and art littler PERSON, FIRM, or CORPORATION .don may he liable by or through them, from Is, any and ail claims, losses ordenlarobot including, but our limited to, personal injuries and property damage and allo[lheconsequence, three- or, vhcthcr now known or not, which rim}' arise from the presence of tandihs nr other ward Ruling insects, radmy lend-bused Print haz- saz arils, envirmmisenml buttress, one defects In tin indlcto..[ on-tut w, I,,, disposal System or de0tiencies in (lie on-site water let site syzlanh, -,- ,, any deficits or conditions it We Pospcrty. Slmuld Seller be in default underlie terms of this Agreement, this release does not I, it Silt Buyer of my right to pursue any renwdtes that rep be available under lull or afuily. This release will survive settlement. vs 26. REPRLSENrATIONS(1-02) 516 (A) Buyer card ,.rssued, that an, pvx nalo is. l m, ill -e s r t of l col rt t l ochnw, pea u a a ry k d read. by Scllc. B ok, .. -17 tIra ec...... Ifs call ...., t pn'ute.n'ac IDt. pan nth ;.A_vcnv t. d", exp aszlyi .ph-it'd Itsnt dt (h3 Aytoc..... I > r1, bdthar al',lo,.d (list ol. Ag con IIIIv the -hole 4 n heI,,,o Seller sIII Bayer out tore a'c , othr nn s. h . ,is ,rewire ..... evaton lam,mterte us t nll1a ts, d r ter III I a a kind 1111ill'I'll t-e t ty t1111 I -atba' ¢ , d e 550 Agreemr t ,It nor be allued s ore tided. noticed r.cano canonical gx.yt. I v.'11IIr14 u....tied by do, ,teYc lo (II) It is understood that Liner leas inspected the Property before signing this Agreement (including fixtures and any personal Pxrp O, unificnity ,hmduled herrim), nr has trailed it., HIM to to so, and hers...cul to purchase the Property to its ".."an condition nrleV, cis other u. bited In ([it, Agreement Royer acknowledge, [,at Brokers, the Bcedsees, employers. IB.... ...... in,,, have .,it made 554 an independent examination or detenmina6on if tire structural smundness.oftheProperry, the age, tradition of ill, a ments,c.lvi- le ronmemd conditions, rho permitted uses, or of conditions exiting in the blade .,he, the Property is situated: nor lace they made to 556 mechanical inspection of any of Wesrstenu contained therein. Gil (C) Ana repairs ruul.ed b, 0... Ag¢rmcnt wdi be wmpkbosl is a "okmanlike manner. SB (D) Brokvrc is onto I. Fra,a c11.alas, )1-scned pate.. enply y x-h It so..rnn of this Agcr. nett 559 (E) the hcd -rplions,anal 11 ohm in dS Aczclcn are rue tyre ttkt[.cline fnl the pangmph,, 511 27. DEFAULT (1-02) set (A) Seller has 0, option of ra to ing all sons paid bt Buyer. .ocludhtg the deposit mortars, should Buycr. 562 1- Fail to make any additional poymmals as specified is paragraph 3, OR IC F sh false or ii compR-s urinals, r to .Seller Broc,(:'. I he rant ag der, -I ny s. o)" 'con", liu}cr k"al -r firon"I'd slams, 551 ,•t't-rulrratc tl g of fl notgaoc a giIcahn ch,I-tell could m:II in the fail.v to,bta t 1, approval nt'a 545 mortgage loan conuaihmtnt, ORst 566 3 Violate or fail to fulfill and platoon any color lem ts or cordaions of It,, Allecmm.. .. (B) lad ss Mhtxwine uhcekcd Ili paragraph 27 (C) Sell, m) 1-7 r 1 those .urns p"it by Bit, ' - I iing dy ul a It cat.. of t. La, 568 Following mania: 569 1- Or account of pamhae pdcn; OR ,'a 2 A6 monies m be applied m Seller's domager. OR S71 :A I y J l l damages f I h ai Srz (CJ Seller limited t retaining It Ill pool l B i J 1 l 1 n d t d f y -(D)IfSelle .call s,ma l tdlt l5. y, td dry J.paz'tn as lof mIslas ltaguCa zaaol. . ieapl7(B) O, Buyer.ad SCllr 574 will be released from further Ii.c illy or obligadoa and rill Agueensen1 ,It be VOID 571 28. MEDIATION (7-98) x76 ? NOTAVAILABLE m WADED .Buyer call Sdi drsatdnhlti a, tIoo-t. ncdla, n:fn rite, should adispute uIII, bart l rewillbc oobli- 178 gra i lie pall If any party i 1o so. 5711 ? ELECTED sac (:1) Buycr and S,11,, oil r,l oln an'ds't' J' ddt tat Ica' ie for till 4vumt W'tyl twemt, calm a'hlh ROrs sal and Ps,cdurw of the Local, S II1N1lontc Bl , Dlepme R I f m S a.... Are cars 1 cn acted rhrntgh ld -, t u Icrcncc and sec signed by the panics will be binding- Ul (B) Buyer and Seller acknowl dy- ter( thq' h .tall. read.. 1 l... and 0 R ks all Pmacdt rs of the Hnc S,Ikrx/H n, Reym x64 Dispute R lul t t System (se i4 Is f v . ). 505 (C) this cou"no"al medial.lydles'tnsoyfrom hsatun 1 "Ill 111.1 ,1t _a, B r lm( als:_ ' 4 Cy A/S 2E Pape 7 If 8 Selle, Initials. =1/ 499 501 501 502 505 5" 505 506 517 Soo 509 Ste 511 112 515 sW $15 516 Ill ab! 519 520 11 52: 52, IN 525 526 527 Ics 529 IM our 532 513 Is I 53l) 537 41n 07 551 hl 6: I is 557 55.9 559 560 511 562 ie 554 565 564 W 560 569 570 71 172 571 175 526 577 571 sle all 61 112 665 Sat 535 MEDIATION - DISPUTE RESOLUTION SYSTEMRLLES AND PROCEDURES' 1. Agreement oFPirtles The.. Rules and P O edures of the Dispute .Re admilSyslem (DRS) apply when the parties. have agreed in writing to mediate under DRS- The written agreement can be achieved by a standard clause in an agreement of sale, an addendum, to an agreement of salt or through a separate written agreement 2. Initiation of Mediation If a dispute esto,. tiny party Play start the mediation proems by submitting a completed Request to Initiate Mediation DRS Transmittal Form (Transmittal Form) m he local AscoCmtion of REALTORS© (herealmr "Adtninisumor") The Transmittal Form should be available through the Administer., s ofslce. The Initiating pony should try to include the following Information when sending the completed Transmittal FOFM to the Administrator. a- A copy ofthe written agree enlto memate if'them kral, OR urequest by the intuiting party to hove the Admmistratin ontaathcotherpar- ties to the dispute to incite them tajoin the mediation process. In The names, addresses and telephone number file parties invoked in the depute, Including the name of every Partaken con lany ktrown to have received nonce of the dispute or claim and the corresponding file or claim n uRber- c A brief statement if the tm, of the dispute and the damages or relief sought. 3. Selection of Mediator Within live days of receiving the completed Transmittal Form, the Administrator will send each party to the dispute B copy of the "rransmitml Form and a list of qualified mediators and theirfee schedules. Each parry then hasten days to review the list of mediators, era-as tiff the name of any rimmatar to whom the party objects, and return the list to the Administrator The Administrator will appoint the first available medlmor vv ho is Acceptable to all parties involved- A mediator who 1 air) financial or per-sonal interest in the dispute or the results of dm mediation cannot serv r I. Wit disput des. all parties are informed and givtheir wramn consent. t 6. Mediation Fees Mediation fees coil l be divided equally Among the parties and a iI be paid am -anon con pone rb parties will hollow the paymentternts continued in the mediator's fee schedule. 5. Time and Place of Mediation ( 1 ftrcn Within t days of being Rppor pate d at ont t the I ac-an, t the J't, und time and place of the nemationconference Themedat rmustgive decor ay advance s.Th datien conf ,enhondd not be more than tasty days from tie diamr's appointment to da spot I" I Im fi. Conduct of Mediation Conference The pa Have the authority it, enter mm and b. ProdRoe all information required for pals, descriptions of varc,"a un& motion Mom the data of da The mediator presidingover -dem a- Willlmpa Ilv c' '`alorde? b. Will had :, e the in c. Xill hav o ¢dcr ]. to u Cdispute.'lite infomranon may nalude relevant wdurm mute - medintorcanrequirethepamarodeliver written mater-1. Pill infor. d spate and reach u mumAlly agr Rbl : C - ion, to bind the parties to his of he decision, or to t2 roc (Im parres to reach a settle) ant. lire mcdmtwn coltferentt > intends to be accompanied to Wginedia[ o t emiremove by legal counsel will notify the mediator Red the ]me the corim emce. S. ConfidenUnlit-y Nouspec[ of the mediation can be rated upon or int,.duccd a, evilcnw in any arbitration, judicial III other proceeding. This lndndcs, but is not limited to, any opinions or suggestions mode by any party regarding a possible ,rdemenO tiny adon,ums made during the course of the PIM, anon. any propo-1. mropinio.. .... c..ed by the mediator, and any responses given by any pa ny to nI a u'v suggestion .. I' prnpusak. - No privilege will be affected by disclosures made in the eoanv of thennedmob n. Transcripts or recordings of the n d alien willow b allowed without tire 'per. written c r abnlof'all part mc and the ni diaka r Records, reports and other docu m recz vedpr m prmdI o1the toed amt or Ach unlsvalor eunaot be <nuipalled LD l arbitration, jud = 1. Brother pry L2d 76, sv6 the eWeption if agr unont that a- machul it theji, bure oFmedlatiun and signed by all.We ponies.. s N_ I Neither the toed Ater nor We Blot r rot can 'tan"lled ed us wad, i any pnrce.Thing ,u hn, nt ' f n y,n Or 1 ..c retie a Pane cut, , in the coupe of the Precision. Or in any confidential conmmmentian. 9. Mediated Settlement When a dispute is mrel,d through mediation, the no dm m will put it,, coanplcte agreement i,I oaitIB. and all "I", will aign the written agreement Isithin ten days of it, conclusion of me aralmmmm ..fetenon Every reasonable effort will be made to sign We wO m r : gms,un a, the gad of he conference. Id. Judicial Proceedings and Immunity NEI1HLR THE ADNUwsrRATOR, THn MED[A'roa, THE NATIONAL ASSOCIATION OP REALTORS',, rim PILNNSI'LVANIA AsiorrATION Om REALTORSo, NOR A.YY OP IT$ MEMER BOARDS, WHL BE DEEMED NECL+SSARY ORi NDISPrNSk1II0 PARTIES IN VAl' nlDlrl:\I. PRGCFFDINNS my ATNG TO MEDIATION UNDER THESE kill ES AND PROCEDURES, NOR WILLANY OPTHEM SERVING olrok'rNE,SE PR(tvRmmFS RE I IAm [ 0 ANN PARTY FUR ANY ACL ERROR 'OR OMISSION IN CONK YTION WITH ANY SERVICE OR THE OPFRADON ON THE HOME Sri Itkshj o\m E NYFRS Dispoto IN soi. Flues $YSTRII 1. Its (A) The foOOwing are part oP this Agrcement RChecked: 569 ? Sale & Seulemenl )f Other Properly Seetlenem of Other Plopern Cwdingenry Addendum (PAR For1n SOP) 590 Condrgeocy Addendum (PAR Form SSP) 'fenam -OccopluiFlly Addendum (PAR FoolfOP) 591 ? Sal & S of enl of Other Property Con or,re y C _ 592 win Rg A n o cn unrnne uarkeu,g ? c ddeadun I;t 'as(-?r -- 5M (PAR F SSP-CNI) 594 (R) ?. - l) [2t}Ly?,r .r L 595 596 597 590 599 600 6m 602 603 Ifuyer and Seller acknowledge receiringaenpc of this Agreement at the time M signing. 6PA 705 NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDINC CONTRACT. Return by facsimile lrunsmission (FAX) of this 6th Agreement, and all addenda, bearing the stgoaturus of all Parties,constilutes acceptance of this Agreement. l•arlie wthistransactionamadvi.sod $w to transact an atlornev before signing if they desire legal advice. 506 1 609 Buyer has received We Consumer Notice as adapted by the State Real Estate Commission at 49 Pa. Ends, §35.336. 610 Buyer has received a statement of Bayer's estimated cling costs before signing In., Agreement. an Buyer has read and understands the nohow and expimort., information set forth to this Agreement. 619 flower has received a Seller's Property Disclosure Statement before signing this Agreement, if required by law (see information Regarding 60 the Real Estate Seller Disdosnre Law). 1+ W Buyer has received the Deposit Money Notice (for cooperative sales when Baker for Seller is holding deposit money) bePnm signing this 515 Agreement. ,is /17 en BUYER'S MAULING ADDRESS: 619 620 Ili 622 623 624 625 626 627 626 629 IN WI 02 633 134 635 Us 621 630 m9 BAYER'S COMPACT BUFFER DATE_ 640 641 642 613 614 615 546 64] 6r0' 619 650 651 652 654 16s d)5 617 656 15, file tit 662 563 564 "I h?l 117 fifl 69 r.J DATE DATE otter Ras reecdvid the Consumer Notice as adopted by the State Real Estate Colanission at 49 Par Code §35.336 leas received a statement of Seller's estimated closing costs before signing this Agreement. LJa?a11tT1. <mad and understands the notices and explanatory, information set forth in this Agreement. SELLERS MATLING ADDRESS SS L=W:? SFI I ER's CON TAC) W IT1T SELLER DATE 0_? WITNESS SELLER SSp WITNESS-. SELLER IM IT, SS# ifnd.er'Jlacensees' Cxrtilicafions (check all th:d are applicable): ? Regarding Lend-Barad Paint H:m rds Disclosure: Requt N if Property was [Full( before 1999: The undrssigned Owns . i; ... Ned in 1hi0 uwnsac(ion, inn behAfaf dr,rr lges and Ihcir hrokers, crnify 1Mt dwir notcmcnes am Inc 1o 111e he",)[ dleir knowledge road Idlel Ackm-ledgemem 'Il I volvd dc- lrancar"co tea"ntor nut ScIrr fA11b ,,hh,aCovsl lder The Rrs'dr nai l ud-1ISW Pa.ulHaaosiR<dlcln1 AU 4211 S G§Jfl52ip' daTmv Mfl yr I b)lp lc cwu ?? npfa;u;_ ? Regarding FHA Mortg k: III I ;ndcersiy dC-. se. I-Ill hls lranaefcn. orlJllf f11-11111 ael11 hok, n, afdy 111m l"It" It III, :nnvnclf lleha.t av ul?,a llv lx..u of their` k nr kl, IbJl.f,art dim'YIhragmen1e11 evercd' 1. b} on, of Ihem p'Jmms ;n G,;mA:uon Iuh mis ttnnsacGon . u,W h,rd m Ili., Agru;ucm ? Regarding MedWimn: "fhc lmdcnigred ? Brok-cr for Sella ? Bmkcr Ibr Baer agree m cuhn(n to mddlndon in ;umrdancc wch pluvgraph 28 of 161. AFmemer, BROKER FOR SELLER (G..... . an Notre) VCI. P'PTN:U Ii4 11414, W__ 9 9 _ IfRO RI R FOR Ifl l ER (CO spa N ) : ? - tccerrFDn? A/S-2K PI 8 of 8 BUYER'S COPY 566 569 590 dl 592 593 594 595 596 597 s9e 599 60 601 502 603 60l 605 ne 602 608 603 610 It 612 613 614 615 616 617 619 620 621 622 623 624 625 626 621 626 629 file 631 Or 633 6l4 us Ill 117 618 639 649 641 642 r,43 611 645 646 07 646 W9 650 69 SJ. .M 554 5,6 657 Ill 651 0) u61 fi62 bG] 664 665 655 fist 669 669 670 ell ADDENDUM/ENDORSEMENT TO AGREEMENT OF SALE BUYER DATE OF AGREEMENT i' r- 5 ASA-I. All other terms and conditions of the Agreement of Sale remain unchanged at in full for, and effect. DATE WITNESS BU - -`? -;-??-r---? ? _t - YER ! i WITNESS/ BUYER DATE WITNESS - BUYER DATE WITNESS - SEI LER DATE WITNESS r. t rSe I i . - -- - -m- v F p1f?-- - - SEI t ERv 's DA [ E WITNESS SELLER DATE: _ j ® Pennsylvania Ass taHon of - - nrteu x r re:rvrvnYLtANIN Aeux LcnON On RLALTORS'0 zae REALTORS" om, anrzvr^ m.wm u, _. emrc+s va.?ru, x r , i ;a s??. 2t?t??f?t?fi ?fff»f?-t?, lfi. l _ d V' restore?epix.ner www. RestorotioosUnk,ited.org r,r ?r,TlIl z PlrcniF (717)362-3477 F3x(717)362-4571 Febllt;u-v 25. 2005 Scott and Penny Driver 120 Stonefiedge Drive Carlisle. Pa 17013 (W) 54] 9001 (111)24D-2985 We propose to furnish the labor and r1>aterials for the following work to be completed at the address listed above - All City, County, State, &/or Federal: fees, permits, approvals, inspections, etc... whether they are Government, Organization, &/or Association related, shall be the bull responsibility of the Customer listed above, and are not included in this price. • Owner to supply electric, water and sanitary facilities. As pear our inspection and recominci dai ion, we conclude that the floor specifically in the kitchen area is dtunaged due to an acclin>ation and installation issues- Dining room and foyer/hall seem to be in good condition even with seasonal conditions- Kitchen area can be resolved by removing existing flooring and installing new (sane product) but Nvith proper acclimation. An alternative, if the existing product cannot be acquired is to remove all flooring and install sane species in those areas- a- Kitchen area existing wood floor removed and new (sane product) installed Total labor and materials ........................................................................$ 4000.00 Remove entire existing wood flooring and install select or better 2-1/4 inch oak flooring, sand and finish One coat sealer, two coats polyurethane. Stain an additional $t-00 per square foot. Total Libor and materials .........................................................................$ 8000.00 TERMS: 50°/, down balance upon completion Work to be completed will be billed as labor and materials at $42/hr . We are not responsible for delays in work for reasons beyond our control. Labor and materials guaranteed for one year fi-om date of completion (for defects in workmanship or materials only, not for normal wear and tear, misuse, or for problems caused by reasons beyond our control) Manufacturers' warranties apply as stated on each item so covered. Prices guaranteed for 30 days only from (late of contract. Customer can exercise the right of rescission (canceling the contract) control)- Manufacturers' warranties apply as stated on each item so covered Prices guaranteed for 30 days only from date of contract Customer can exercise the right of rescission (canceling the contract) for Up to three days after the date of signing this contract_ and must notify us in Writing (Which bens a timely postmark) of this decision We reserve the right to charge a 2"/" late fee on amounts past due (over 30 days from billing (late-) I he laws of the (,oninonwealth of Pennsylvania goecm the ternis and conditions of this contract 1 have read and understand the technical aspects. terms, and exclusions as set fui Or above Accepted Submitted by RESTORATIONS UNLLMI ITI), INC Accepted ?I Date ?ames S Facineili. President Note' Please send us all images of the signed original. we will send you a Photocopy- VERIFICATION The undersigned, Scott Feeser, hereby verifies that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Scott Feeser VERIFICATION The undersigned, Penny Feeser, hereby verifies that the facts set forth in the foregoing document are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the within document this L day of () -e (- , 2005, on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Ronald Turo, Esquire 28 S. Pitt Street Carlisle, PA 17013 CALDWELL & KEARNS By: ? ` C -7 ) cD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL COVER SHEET Scott Feeser and Penny Feeser, Husband and Wife, Plaintiffs, No. 05-4904 vs. Civil Action - Law Katko, Inc., and Joseph Katkocin, Praecipe to Strike Appeal Defendants. Caldwell & Kearns Brett M. Woodburn, Esquire Attorney I.D. #81786 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 oo(lbuiii,(icaldwcilke.ims.crnli Attorney for Plaintiffs Scott and Penny Feeser SCOTT FEESER and PENNY FEESER, Husband and Wife, Plaintiffs vs. KATKO INC., and JOSEPH KATKOCIN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4904 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO STRIKE APPEAL TO THE PROTHONOTARY: Pursuant to Rule 1006 of the Pennsylvania Rules of Civil Procedure for Magisterial District Judges please mark the appeal stricken from the record for failure to comply with Pa. R.C.P. M.D.J. 100113. Respectfully submitted, CALDWELL & KEARNS By: (/V -,,i ood um, Esquire omey I.D. #81786 3631 North Front Street Harrisburg, PA 17110 Date: 0/ If 12e05 (717) 232-7661 CERTIFICATE OF SERVICE }IIh(ereby certify that I have served a copy of the within document this ? day of /?? lam( 16bm , 2005, on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Ronald Turo, Esquire 28 S. Pitt Street Carlisle, PA 17013 CALDWELL & KEARNS By: l7 ? `.-'? C , z1 . U ? ' i" 1 47t; 1 .. -) , , --?, {'l l "- °a - - _ ? - Scott Feeser & Penny Feeser, Husband & Wife, Plaintiffs V. Katko, Inc. & Joseph Katkocin, Defendants In The Court of Common Pleas Cumberland County, Pennsylvania No: 05-4904 NOTICE TO PLEAD TO: Brett M. Woodburn, Esquire Caldwell and Kearns 3631 North Front Street Harrisburg, PA 17110-1533 You are hereby notified to file a written response to the enclosed Defendants Preliminary Objections to Plaintiffs Complaint within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully Submitted TURO LAW OFFICES USJ Date 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant Scott Feeser & Penny Feeser, Husband & Wife, Plaintiffs V. Katko,Inc. & Joseph Katkocin, Defendants In The Court of Common Pleas Cumberland County, Pennsylvania No: 05-4904 Defendants Preliminary Objections to Plaintiffs Complaint A. Demurrer For Failure To State A Cause of Action Katco, Inc. is a named defendant in the complaint filed in the above captioned matter by plaintiffs on October 10, 2005. 2. Joseph Katkocin, an individual, is a named defendant and is identified as the owner, president and agent of Defendant Katko, Inc. The complaint of the plaintiffs revolves around an agreement of sale for the construction and purchase of a new home between Plaintiff, Scott Feeser and Katco, Inc. Katco, Inc., is a Pennsylvania corporation which entered into the agreement of sale and was the seller of the property to Plaintiff Scott Feeser. 4. At no time was Defendant Joseph Katkocin, as an individual, identified as a seller or the contracting party and none of the allegations give rise to any personal negligence or liability or responsibility by defendant Joseph Katkocin. 5. Plaintiff s failure to state a cause of action against Joseph Katkocin, as an individual, is now cause to grant his demurrer and strike the complaint. 6. This matter was heard before the District Justice and plaintiff s counsel, at the District Justice hearing, did agree to remove defendant Joseph Katkocin as a party and consequently no judgment, before the District Justice, was ever entered against him and therefore no complaint should now be filed against him. WHEREFORE, for all of the above reasons, Defendant Joseph Katkocin respectfully requests that the complaint in the above captioned matter be stricken and that no action be allowed or commenced against him in this matter. B. Motion To Strike For Failure to Attach A Notice To Defend 7. The plaintiffs filed a complaint against the defendant in the above captioned action on October 10, 2005. 8. The complaint was served on defendant's counsel by first class mail but did not include a Notice to Defend as required by PA. Rule of Civil Procedure 1018.1. 9. The Rules of Civil Procedure mandate that a Notice to Defend must be on every Complaint filed. 10. Failure to attach the Notice to Defend pursuant to Rule 1018.1 now mandates the striking of the complaint. WHEREFORE, for all of the above reasons, the defendants by and through their Attorney, Ron Turo Esquire, respectfully requests this Court to order plaintiffs complaint stricken for failure to comply with Rule 1018.1. /az Date Respectfully Submitted, Turo Law Offices Aono, Esquire 28 South Pitt Street Carlisle, PA 17013 717-245-9688 CERTIFICATE OF SERVICE I, Ron Turo, Esquire hereby certify that I served a true and correct copy of the Defendants Preliminary Objections to Plaintiffs Complaint, upon Brett M. Woodburn, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the ? day of 2005, from Carlisle, Pennsylvania, addressed as follows: Brett M. Woodburn, Esquire Caldwell and Kearns 3631 North Front Street Harrisburg, PA 17110-1533 OFFICES WnpVro, `Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 r_1 a- C> -n ?.? - .,.? ? -? .: ?.:, I ? , `a ` ca IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL COVER SHEET Scott Feeser and Penny Feeser Husband and Wife, Plaintiffs, vs. Katko, Inc., and Joseph Katkocin, Defendants. No. 05-4904 Civil Action - Law Praecipe to Withdraw Praecipe to Strike Appeal Caldwell & Kearns Brett M. Woodburn, Esquire Attorney I.D. #81786 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Imoodhurwillcaldv'cdlkcaI n4xom Attorney for Plaintiffs Scott and Penny Feeser SCOTT FEESER and PENNY FEESER, Husband and Wife, Plaintiffs VS. KATKO INC., and JOSEPH KATKOCIN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4904 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW Please withdraw the Praecipe to Strike Appeal that filed on behalf of Plaintiffs in the above captioned matter. Respectfully submitted, CALDWELL & By: c Date: itht/ice T?. Woodburn, Esquire Attorney I.D. 481786 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 05-234/94417 CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the within document this 3 day of x 10 ? 2005, on the following by depositing a true and correct copy of the ( A same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 CALDWELL & KEARNS By. ? ?-?? C N i ..r J} N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL COVER SHEET Scott Feeser and Penny Feeser, Husband and Wife, Plaintiffs, No. 05-4904 vs. Civil Action - Law Katko, Inc., and Joseph Katkocin, Amended Complaint Defendants. Caldwell & Kearns Brett M. Woodburn, Esquire Attorney I.D. #81786 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 h??y_?xlburn{u'c<ildw elll.c 4rc7s.conl Attorney for Plaintiffs Scott and Penny Feeser SCOTT FEESER and PENNY IN THE COURT OF COMMON PLEAS FEESER, Husband and Wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. : NO. 05-4904 KATKO INC., and JOSEPH CIVIL ACTION -LAW KATKOCIN, Defendants JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 FLOOD & STERLING, INC. Plaintiff, V. BK ENGINEERS AND CONSTRUCTORS, INC., Defendant. IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA Docket No. CIVIL ACTION - LAW NOTICIA Le han demandado a usted en la corte. Si usted quiere 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 notification. Usted Debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, ]a corte tomara medidas y puede entrar una orden contra usted sin previo a viso o notification, y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 SCOTT FEESER and PENNY IN THE COURT OF COMMON PLEAS FEESER, Husband and Wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. : NO. 05-4904 KATKO INC., and JOSEPH CIVIL ACTION -LAW KATKOCIN, Defendants JURY TRIAL DEMANDED AMENDED COMPLAINT AND NOW, come the Plaintiffs, Scott Feeser and Penny Feeser, husband and wife, by and through their attorneys, Caldwell & Kearns, and file the within Complaint; and in support thereof, avers as follows: Plaintiffs, Scott and Penny Feeser ("Plaintiffs"), are a married couple currently residing at 120 Stonehedge Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant, Katko Inc., ("Defendant Katko"), is a Pennsylvania business corporation and general contracting company, with a principal place of business located at P.O. Box 370, Camp Hill, Pennsylvania, 17001, and registered corporate office at 3803 Pamay Drive, Mechanicsburg, Pennsylvania 17055. Defendant Joseph Katkocin, ("Defendant Katkocin"), is an adult individual and owner, president and agent of Defendant Katko, who currently resides at 3803 Pamay Drive, Mechanicsburg, Pennsylvania 17055. 4. On or about July 23, 2003, Plaintiff Scott Feeser entered into an Agreement of Sale ("Agreement") with Defendant Katko for the purchase of a new home located at 120 Stonehedge Drive, Carlisle, Pennsylvania, 17013 ("Property"). A true and correct copy of the Agreement of Sale is attached hereto as Exhibit "A" and incorporated herein by reference. 5. The Agreement between Plaintiff and Defendant included the installation of hardwood flooring in three rooms of the home. 6. Plaintiff Penny Feeser was an intended third party beneficiary of the Agreement. On or about September 26, 2003, Plaintiffs conducted settlement on the home and title was transferred from Defendant Katkocin to Plaintiffs as husband and wife. Defendants were aware that the Property was being purchased with marital funds and was to be used as the marital residence of Plaintiffs. Subsequent to settling on the property, Plaintiffs discovered that hardwood flooring installed in the kitchen was defective. 10. The defects were due to improper and substandard installation of the hardwood flooring in the kitchen. 11. The defects were discovered over time as colored wood putty was extruded and loosened from gaps between the boards as the flooring was walked on. 12. When the colored wood putty came out of the hardwood floor, large and noticeable gaps were detected between the strips and at the joints of the hardwood flooring in the kitchen area of Plaintiffs' home. 13. It is believed, and therefore averred, that Defendants knew of the defects in the hardwood flooring of the kitchen prior to settlement. 14. Defendants never disclosed their knowledge of the defects in the hardwood flooring of the kitchen to either Plaintiff prior to settlement. 15. It is believed, and therefore averred, that the Defendants, individually and/or through agents or contractors under their control, attempted to conceal the gaps in the defective and improperly installed hardwood flooring by filling the gaps with wood putty. 16. The wood putty used by Defendant Katki and/or Defendant Katkocin was the same color as the hardwood flooring, which prevented Plaintiffs from detecting the defects in the flooring prior to settlement. 17. On or about July 9, 2004, Plaintiffs notified Defendants of the defects by notifying Defendant Joseph Katkocin and requesting that the defective flooring be repaired or replaced. 18. To date, despite numerous demands, Defendants have refused to correct the problem with the damaged hardwood floors in the Plaintiffs home. 19. On or about February 25, 2005, at the direction of Plaintiffs, the flooring was inspected by Restorations Unlimited, Inc. 20. Restorations Unlimited, Inc., determined that the flooring in the kitchen area was damaged due to improper installation techniques being used when the floor was first installed and needed to be replaced. 21. Restorations Unlimited, Inc., provided a bid proposal for correction of the improperly installed flooring amounting to approximately $8,000.00 for removal and replacement of all of the hardwood flooring in the first floor of the property. A true and correct copy of the bid proposal from Restorations Unlimited, Inc., is attached hereto as Exhibit "B" and incorporated herein by reference. 22. It is believed, and therefore averred, that the hardwood floor product originally installed throughout the first floor of the Property is no longer available from the manufacturer. 23. Because the defective kitchen flooring is contiguous with the other hardwood flooring in the first floor of the property; all of the hardwood flooring must be replaced if the matching type, color and grain of hardwood flooring cannot be obtained from the manufacturer. 24. Simply replacing the hardwood flooring in the kitchen with a product that does not match the type, color and grain of hardwood flooring contiguous to the kitchen flooring would be insufficient to maintain the aesthetics and look of the first floor flooring Plaintiffs were promised to receive by the Defendants. COUNT I - BREACH OF CONTRACT Plaintiffs v. Katko Inc. 25. Plaintiffs incorporate paragraphs 1 through 24 above as if set forth in full. 26. Plaintiffs tendered Two-Hundred Fifty Nine Thousand Nine-Hundred ($259,900.00) Dollars in exchange for Defendant Katko's promise to deliver the Property as set forth in the Agreement, including properly installed hardwood flooring. 27. Defendant Katko breached that duty to Plaintiffs by failing to deliver the Property with properly installed hardwood flooring in the kitchen area of the home. 28. As a direct and proximate result of this breach, Plaintiffs have suffered the damages as set forth herein above. WHEREFORE, Plaintiffs Scott and Penny Feeser respectfully request that this Honorable Court enter judgment in their favor and against the Defendant Katko Inc., in an amount not in excess of $35,000.00, including interest, attorneys' fees, and any other relief this Court deems necessary and appropriate. COUNT II - BREACH OF EXPRESS WARRANTY Plaintiffs v. Katko Inc. 29. Plaintiffs incorporate paragraphs 1 through 28 above as if set forth in full. 30. The Agreement of Sale entered into by Defendant Katko on July 23, 2003, provided a "One Year Builder Warranty". See paragraph 29 of Exhibit "A. " 31. The language provided in the Agreement of Sale fails to elaborate any restrictions on the express warranty. 32. Any ambiguity in the warranty was the result of drafting by Defendant Katko or its agents and the warranty language should be construed as broadly as possible in favor of Plaintiffs. 33. Defendant Katko had a duty to remedy any defects in the home purchased by Plaintiffs for a period of one year from the date of settlement, including the defective flooring conditions described above. 34. Plaintiffs provided notice of the defective flooring to Defendant Katko within the one year period provided in the warranty. 35. Despite Plaintiffs' demands to Defendant Katko, Defendant Katko has refused to remedy the defective flooring conditions. 36. Defendant Katko breached the express warranty by failing to remedy the defective flooring. 37. As a direct and proximate result of the Defendant's breach, Plaintiffs have suffered damages of approximately $8,000.00, plus costs. WHEREFORE, Plaintiffs Scott and Penny Feeser respectfully request that this Honorable Court enter judgment in their favor and against the Defendant Katko Inc., in an amount not in excess of 335,000.00, including interest, attorneys' fees, and any other relief this Court deems necessary and appropriate. COUNT III - FRAUD Plaintiffs v. Katko Inc. and Katkocin 38. Plaintiffs incorporate paragraphs I through 37 as if set forth in full. 39. Defendants Katko and Katkocin represented to Plaintiffs that there were no defects in the hardwood flooring in the home and it was installed in a good and workmanlike manner. 40. Such representations were material to the transaction of purchasing a new home. 41. The representation was made falsely with knowledge of its falsity or recklessness as to whether it was true or false. 42. The Defendants intended to mislead Plaintiffs into relying on their representations, in that the Defendants knew that the defects were hidden by their efforts to conceal the defects with the wood putty. 43. Plaintiffs justifiably relied on the Defendants' representations in that Defendants were in a better position to have known of the condition of the Property. 44. The resulting damages, as more fully stated herein above, were directly and proximately caused by the Plaintiffs' reliance upon the representations of these Defendants. 45. The Plaintiffs' injuries and damages were the result of the gross, wanton, recklessness of these Defendants, and thus an award of punitive damages in this matter is justified. WHEREFORE, Plaintiffs Scott and Penny Feeser respectfully request that this Honorable Court enter judgment in their favor and against Defendant Katko Inc., and Defendant Katkocik in an amount not in excess of $35,000.00, including interest, punitive damages, attorneys' fees, and any other relief this Court deems necessary and appropriate. COUNT IV- UNFAIR TRADE PRACTICES Plaintiffs v. Katko Inc., and Katkocin 46. Plaintiffs incorporate paragraphs I through 45 above as if set forth in full. 47. The Pennsylvania Unfair Trade Practices and Consumer Protection Law, ("UTPCPL"), defines "unfair or deceptive acts or practices," in part as follows: "(4) "Unfair methods of competition" and "unfair or deceptive acts or practices" mean any one or more of the following:... (v) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation or connection that he does not have;... (vii) Representing that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another;... (xiv) Failing to comply with the terms of any written guarantee or warranty given to the buyer at, prior to or after a contract for the purchase of goods or services is made;... (xxi) Engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding." 73 P.S. § 201-2(4)(xiv). 48. The conduct of the Defendants set forth herein above constitutes unfair and deceptive acts or practices and is a violation of the Pennsylvania Unfair Trade Practices Law, 73 P. S. §§ 201-1 et seq. 49. The UTPCPL allows for a private cause of action for any violation of the Act. 73 P.S. § 201-9.2. 50. The UTPCPL allows recovery of treble damages and attorneys fees. Id. 51. As a direct and proximate result of Defendants' unfair or deceptive acts or practices, Plaintiffs were harmed as described herein. WHEREFORE, Plaintiffs Scott and Penny Feeser respectfully request that this Honorable Court enter judgment in their favor and against Defendant Katko Inc., and Defendant Katkocik in an amount not in excess of $35,000.00, including interest, punitive damages, attorneys' fees, treble damages, and any other relief this Court deems necessary and appropriate. COUNT V - NELGLIGENT MISREPRESENTATION Plaintiffs v. Katko Inc. and Katkocin 52. Plaintiffs incorporate paragraphs 1 through 51 above as if set forth in full. 53. To the extent that Defendants argue that the Agreement does not apply to the quality of installation of the hardwood flooring, as described above, Defendants had a duty of care to the Plaintiffs, as the seller and builder of the Plaintiffs' home, to properly construct the home and install the hardwood flooring in a skillful, careful and workman-like manner. 54. Defendants negligently misrepresented that the hardwood flooring was installed in a skillful, careful and workman-like manner, which was a material fact. 55. As the builder and seller of the Property, Defendants should have known that the flooring was improperly installed. 56. Defendants misrepresented the quality of the hardwood flooring with an intent to induce Plaintiffs to purchase the Property. 57. Plaintiffs justifiably relied on the assertions of Defendants, as Defendants were in a better position to know of the quality of the work. 58. As a direct and proximate cause of the Defendants' misrepresentation, Plaintiffs have suffered damages of approximately $8,000.00, plus costs. WHEREFORE, Plaintiffs Scott and Penny Feeser respectfully requests that this Honorable Court enter judgment in their favor and against Defendant Katko Inc. and Defendant Katkocin, in an amount not in excess of $35,000.00, including interest, attorneys' fees, and any other relief this Court deems necessary and appropriate. Respectfully submitted, CALDWELL & KEARNS Dated: i 23 Z By: '?? t oodburn, Esquire rney I.D. No. 81786 Ray J. Michalowski, Esquire Attorney LD. No. 87135 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 05-234/93144 STANDARD AGRFEMFNT3FOR,THE SALE-OF REAL ESTATE` AA-21K ` ' Tax tomfrecommended iod approed Ec tat not mc,oed ro me by, We bees of eke Pont - AIIselalian of RE ALTORS-TAR) ' BROKER IS THE AGENT FOR JJ L1U Designated Agent(s) for Seller, if applicable. Broker is NOT the Agent for Seller and is rush: ? AGENT FOR BUYER ? TRAN rt3KVl\G PHONE- H3 FAX LICENSEE p?T?Y R'S HE SS RELAT [fIP WITH PA LI ENS ROKER BROKER (C mpany) • x`- ?("IjCOirFS51ONR ADDRESS 77p 5IJ YIQ P - WO (} T RRQ ( (l p7l (, BROKER IS THE AGENT FOR BUYER, Designated. Agent(s) for.Buyey., applicaple:_"_ ------ OR - i Broker is NOT the Agent for Buyer and is a/an: ? AGENT FOR SELLER ? SUBAGENT'. FOR SELLER El TRANSACTION LICENSEE When the same Broker is Agent for Seller and Agent for Buyer, Beekerris a Dual Agent All of Broker's licensees are also Dual Agents UNLESS there am separate Designated Agents for Buyer and Sell r. It the same Licensee is designated for Seller and Buyer the Licensee is a Dual Agent I.'Tbig 2 greQn QRtr daled? is between SELLER(S): - ,T 9 ( ?-vv i C f? 'a called'Seller," and BUYER(S): Ct)T 1 1-T- f-PPS P ?_(V? t221e CYO called "Buyer." 2. PROPERTY (1-98)Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: ALLTHAT CEI{TAIN lot or piece of$rnd. with buildings and improvements thereon erected, if any, known as:. 0 100. 5-)'p (1P ('YPrinr 1.3,!,J0 i 3 9 r ) I I CAJI It t _ inthe_ I?taxlnn ?] of :X>U-f-6? iY1 C?d,.let-5 C Countyof_ 1 ?,-xM! P-.f fin. Voei . in the Commonwealth of Pennsylvania, Zip Code II) Identification'(e.g., Tax ID #; Parcel #; Lot, Block; Deed Bonk, Page, Recording Date) _ n 2' 3 s 6 B to n 3. TERMS (1-02) r Is (A) Purchase Prife Y1G-%f?(l`-• Is U.S. Dollars n which will be paid to Seller by Buyer as. follows: I6 L Cash or check at signing this Agreement: 2. Cash or check within days of the execution of this Agreement ?20tx? s. $ 9 4. Cash, cashier's or certified check at time of settlement- _ $ _ 12 p TOTAL $ 1?W OC Deposits paid on account of purchase price to be held by Broker for Seller, unless otherwise slated here. 24 25 (C) Sellei s written approval t be on/?r-before:03 2 _ 26 ?-IY ?- (D) Settlement to be on ,oc before if Buyer and Seller agree. 21 (E) Conveyance from Sells, will be by fee simple deed of special warranty unless otherwise staled here: 28 29 (F) Payment of transfer taxes will be divided equally bP.tween Buyer and Seller unless Othl lwisc staled here; 30 31 (G) At time of settlement, the following will be adjusted pro-rota on a daily basis between Buyer and Seller, reimbursing where applicable: taxes 32 (sae Information Regarding Tax Proration); rents; interest on mortgage assumptions; condominium fees and homeowner association fees, if 33 any; wafer and/or sewer fees, if any, together with any other henable municipal service. The charges are to he prorated for the period(s) 34 covered: Seller will pay up to and including the date of settlement; Buyer will pay for all days following settlement, unless otherwise slated 35 here: _ 36 9] 4. FIXTURES & PERSONAL PROPERTY (1-00) 38 (A) INCLUDED in this sale and purchase price are all existing items permanently installed in the Property, free of l fens,. including plumbing; 39 heating; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers 40 and nansmitters? television antennas; shrubbery, plantings and imported bees; any remaining heating and cocking fuels stored on the 41 . Property at the time of settlement; wall to wall: carpeting; window covering hardware, sh'aIade, and binds; builtin air comfitArc ; built-in 42 appliances; and the rangeloven unless otherwise stated. Also included.7,+t2'ej,- 4y SC'. e0- Mays iY '1 da (B) LEASED items (not owned by Seller): (C) EXCLUDED fixtures and items 5. DATES/TIME IS OF THE ESSENCE (1-02) 11, (A) The said date for settlement and all other dates and times referred to for the, performance of any of the obligations of this Agowment are agreed to be of the essence of this Agreement and are binding. (B) For the purposes of this Agreement, number of days will be counted from the date of execution, by excluding the day this Agreement was executed and including the last day of the time period. (C) The date of settlement is not extended by any other provision of this Agreement and may only be extended by mutual written agreement of the parties. (D) Certain time periods are pre-printed in this Agreement as a convenience to the Buyer and Seller Any pre-printed lime periods are negotiable and may be changed by striking out the pre-printed text and inserting a different time period acceptable to all patties. Buyer Initials _<;?_'- AIS-211C Page 1 f S Seller Initials. ® Pennsylvania AftoCliHon of COPTRIGIITPRNNSYLVANIAASSOOIATIONO R ALTOR5x20a2 REALTORS 01102 m,. P.....,.... /46 4] 4s 99 90 51 52 53 54 55 56 5] Ra 59 W 6.. MORTGAGE CONTINGENCY (1-02) , ' ;1l "r 51 '? WAIVED, Thrssale is NOT conhngern on mortgage financing. p p 62 . , ELECTED,:. "iU A,97, z d (A) Thn sale rs coabngent upon Buyer o raining mortgage fi gas fol w" j ,I,, Amount of mortgage loan$ d/°?? 2. hhmmunr Term -?D--yeazs 66 31 ',Type of mortgaec CiOY.-(J'C.2 .a'?wJ b7 4. Interest rate .5 %a however, Bu e a reeyt E' t rate as may be committed by the mortgage lender, not to 66 exceed a maximum interest rateof ?o 69 5. Discount points, loan origination, loan placement and other fees charged bythe lender as a percentage of the mortgage loan (excluding 70 any mortgage insurance premiums or 4'A Cunding Cee) not m exceed _ U %(tyy if not specified) of the mo gage )wn. 71 The interest rate and fees provisions required by Buyer are satisfied if a mortgage hander makes available to Buyer the right to guarantee an n interest rate at or below the Maximum Interest Rate specified herein with the percentage fees at or below the amount specified herein, Buyer. 73 -gives Seller the tight, at Seller's sole option and as permitted by the mortgage lender and applicable laws; to contribute financially, without 74 promise of reimbursement, to the Buyer and/or the mortgage lender to make the above wens available to Buyer - 75 (B) Within J?L DAYS(10 days if not specified) of the execution of this Agreement, Buyer will make a completed, written mortgage application 76 for the mortgage terms specified. above to a responsible mortgage lender. The Broker for Buyer,-:finny,: otherwise. the Broker for Seller, is n authorized to communicate with file m pe ten r for the purposes or misting in the mortgage loan process. 78 (C) I. Mortgage commitment date og?? 172 0 . If a written commitment is not received by Seller by the above date, Buyer 79. and Selleragree to extend' the mortgage commitment date until Sell larminales"Agreement in writing' by notice to Buyer. 66 2 Upon ttxeipt of a mortgage conunitraent,. Buyer will promp0y deliver a copy of the contaminant to Seller. , 61 3. Seller has the option to terminate dill Agreement in writing, after the mortgage commitment date if the mortgage commitment 62 a. Is not valid until the dare of settlement, OR 63. b. Is conditioned upon the any and settlement of any other properly, OR 84 c- Contains any other condition not specified in this Agreeroentth'at is not satisfied and/or removed in writing by the mortgage lender fix within 7 DAYS after the mortgage commitment date in paragraph 6 (C) (1). - 86 4. If this Agreemem is nominated as specified in paragraphs 6(C46)or(3), or the mortgage loan is not obtained for settlement all deposit monies 37 paid on amount of purchase Dive wi 11 be merged to Buyer. Buyer will be respray itrle. for any premiums for mechanics' lien insuraneeand/or as title search, or fee for cancellation of same, if any; AND/OR any premiums for Bowl insurance, mine subsidence insurance and/or fine insur n,9 once with extended coverage, or cancellation fee, if any; AND/OR any appraisal fees and charges paid in advance to the mortgage lender. 90 (D) If the mortgage tender requires repairs to the Property, Buyer will, upon receipt, deliver a copy of the mortgage lender's requirements to Seller. 91 Seller will,. within ___5_ DAYS of receipt of the mortgage lender's requirements, notify Buyer whether Seller will make the rRquh'ed repairs. 92 at Seller's expenses 11. . . 93 1. If Seller chooses to make the required repairs, Buyer will accept the property and agree tadi RELEASE set forth in paragraph 25 ofthis - N 'Agreement!. 95 2. H Seller chooses not to make the required ca pairs, orlf Seller fails In respond within the time giveq:Buyerovdl, w4dun 5•:.'DAYS; 96 notify Seiler in writing of Buyer's choice to terminate this Agreement OR make the required repairs at Buyer's expense and with Seller's 97 permission, which will not be unreasonably withheld. If Seller denies Buyer permission to make the required repairs, Buyer may, within. 98.. _ 5 DAYS of Sellers denial, terminate this Agreement, in which case all deposit monies paid on account of purchases pace will be ss mluaa4manily ao Buyer and. In, Agreement will be VOm. 160 (E7 Ir Assist all 82 n 69 tea 91 92 93 94 101 101 NOT APPLICABLE m1 102 ? APPLICABLE. Seller will pay. ,..112 103 ? S , maximum, toward Buyers costs a6 permitted by the mortgage lender 113 104 ? 104 105 146 107 108 109 110 m 112 113 114 115 116 117 118 119 120 121 122 123 124 125 7. 126 127 128 129 136 131 132 133 8. 34 35 136 137 138 139 140 141 142 143 144 us 146 FHA/VA, IF APPLICABLE 105 (F) It is expressly agreed that notwithstanding any other provisions of rhrn contract, Buyer will not W obligated to complete the purchase of the 105 Property described herein or to incur any penalty by forfeiture of lamest money deposits car otherwise unless Buyer has been given, in anxi 107 dance with HUD/FHA or VA requirements, a written statement by the Federal Housing Commissioner, Veterans Administration, or a Direct too Endorsement Lender setting forth the appraised value of the Property at not less Ill $ (the dollar amount to be IN Inserted is the sales price as stated in this Agreement). Buyer will have the privilege and option of proceeding with consummation of the con- In tact without regard to the amount of the appraised calbrton. The appraised valuation is arrived at to determine the maximum mortgage me I I I Department of Housing and Urban. Development will insure. HUD does not warrant the value nor the condition of the Property Buyer should 112 satisfy Itimself/herself that the price and condition of the Property are acceptable. I - n3 Warning: Section 1010 of Title 18, U.S.C., Department of Housing and Urban Development and Federal Housing Administration 114 Transactions, provides, "Whoever for the purpose of. , , influencing in any way the action of such Department, makes, passes, une rte or pub 115 fisher, any statement, knowing the same to be false ... shall be fined under this title or imprisoned not more than two years, or bath." lie (G) U.S. Department of Housing and Urban Develgpment (HUD) NOTICE TO PURCHASERS: Buyer's Acknowledgbmgp5, 117 ? Buyer has received the HUD Notice "For YebbYroreclion: Get a Home Inspection" (see Notices and Information on Property Condition us Inspections). Buyer understands the importance of getting an independent home inspection and has thought about this before signing this 119 Agreement 120 Buyer's Initials bate 121 (If) Certification We the undersigned, Seller(s) and Buyer(s) party to this transaction each certify that the terms of this contract for purchase are In tone to the beat fuel knowledge and belief, and that any other agreement entered our, by any of these parties in connection with this remeac- 123 ton is attached to this Agreement: 124 INSPECTIONS (1 -02) 25 (A) Seller ogees to permit inspections by authorized appraisers, reputable certifiers, insurer's representatives, surveyors, municipal officials and/or 126 Buyer as may Ix; required by the mortgage lender, if any, or insuring agencies. Seller further agrees to permit any other inspections required by 127 or provided for in the firms of this Agreement Buyer has the right to attend all inspections. 129 (B) Buyer re erves Be right to make a pre-settlement walk-through inspection of the Property. Buyer's right to make this inspection is not waived 129 by any other provision of this Agreement 130 (C) Seller will have heating and all mimes (including fall(s)) on for the inspecfions. Or Ty All inspectors, including home inspectors, arc authorized by Buyer to provide a copy of any reports to Broker for Buyer. 132 PROPERTY INSPECTION CONTINGENCY (1-02) in er provisions of cuts Agreement may provide for inspections and/or certificanons that are not waived or altered by Buyer's election here. 134 WANED. Buyer understands that Buyer has the option to "near inspections of the Property (see Property Inspection Notices and X 135 Environmental Notices). BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement. 136 ? ELECTED 137 (A) Wrthto DAYS (15 days if not specified) of the execution of this Ameemom Buyer, al Buyer's expense, may ?ewse to have inspeo- as tions and/or certifications completed by licensed or otherwise qualified professionals (see Property Inspection Notices and Environmental 139 Notices). This contingency does not apply to the following existing conditions and/or items: _ 140 41 (B) Should Buyer elect to haves home inspection of the Property, as defined al the Pennsylvania Home inspection law (ace Information Regarding tax the Home Inspection Law) such home inspection shall be performed by a full member in good standing of a national home inspection asson- tai ation, or by a person supervised by a full member of a national home inspection association, in accordant with the ethical standards and code 144 of conduct or practice of that osonalust W( 145 Buyer Initials: ?_ A/S,2K Page 2 of 8 Seller lottlak: 146 147 (C),-.if Bnyerns nopsatlsfied with the conlionpfitHATsopertyliflasical brany Wright ttelart, Buyer wllC' tat 'Tae - ?:. Option 1. Within the time given for completing inspections:.. 148 149 t ' r l Accep ffic, Property; with the information sound in the reports) and agree to the.RELEASE set, forth in paragraph 25 of this Agreement, OR , 149 150, r,2 Terminate this. Agreement in writing by notice to Seller, in.wtdchcase all deposit monies paldon accountufpurchase proCe will beremenced a5a 151 promptly to Buyer and this Agreement will be VOID, OR -'- 151 152 3,. Enter into?a mutually acceptable arnica agreement with Seller providing for any repairs or improvements to the Property and/or any credit - 152 153 to Buyer at settlement, as may be acceptable to the mortgage leader, iit any, 153 154 Should efforts to reach a faunally acceptable agreement fail, Buyer must choose -toaccept the Property of terminate. this Agreement within 154 155 the time given for completing inspections and according to the provisions in paragraph 8(C (Option p 1 and 2. 155 156 ? Option 2. Within the time given for completing inspections: 156 17 1. Accept the Property with the information stated in tile tapor(s) and agree to the RELEASE. set forth in paragraph 25 of this Agreement, 157 158 UNLESS the trial cost to correct the conditions contained in the report (s) is mom than S 159 154. 2. If the total cost to correct the conditions contained in the report(s) EXCEEDS the amount specified. in paragraph 8(C) (Option 2) 1, 156 160 . Buyer will deliver the report(s) to Seller within tire time given. for inspection. 160 16t a. Seller will, within 7 DAYS of receiving the report(s), inform Buyer in writing of Seller's choice to: 161 162 (1) Make repairs before settlement so that the remaining cost to repair conditions contained in the report(s) is less than or equal to 162 163-' the amount specified in paragraph 8 (C (Option 2) I'. 163 164 (2) Credit Buyer at settlement for tire difference between the estimated cost of repairing the conditions contained in the report(s) 164 165 and the amount specified in paragraph 8l(C(Optlon 2)11-his option nrus4be acceptable to. themrrlgage tender„ if any- = 165 166 _ „(3) Not make repairs and,notcredit ' Buyer at settlement for an) costs to repair conditions contained in the. repolus). 166 162 b If Seller chooses to make repairs or credit Buyer at settlement as specified in paaigpaph 8(C). (Option 2) 2, Buyer will accept the 167 169 Property and agree to the RELEASE. set forth in. paragraph 25 01 this. Agreement - ithi th ti h i m r 166 160 165 on w n e me {ails in c oose any opt ent or if Selle c If Seller chooses not to make repairs end not to credit Buyer at autle t 170 - - given, Buyer will, within 5.. DAYS: 170 171 - (I)- Accept the Property with the information stated in the report(s) cad agree to the RELEASE set forth in paragraph 25 of this 171 172 Agreement, OR 172 173 (2) Terminate this Agreement in writing by notice toSeller, inwhich ' case all deposit monies paid on account of purchase price will 173 174 =' - be national promptly to Buyer and this Agreement will be VOID. 174 ors'. 9. WOOD INFESTATION INSPECTION CONTINGENCY (1 -02) 175 t6 ? WAIVED. Buyer understands that Buyer has the option to request that the Proporty be inspected for woodinfestation by a retti tied Pest Control 175 m. Operator BUYER WAIVES THIS OPTION and a reestr the RELEASE set forth is paragraph 25 of this Agreement E ECTED J C / a ? 177 v6 rte L . I PfU1 G ?{ I? will obtain a written "Wood- er's ex ense nt Bu er at Bu ' 7 h xc t A e 1 d P if d f thi' S nF .179 p , y y o tt e e en eem o s gr , ays I not spec ie ) eme (A) Within & DAY ( 5 130 Destroying Insect Infestation Inspection Report' froma certified Pest Control Operator and will deliver it and all supporting documents and 190 161 drawings provided by the Pest Control Operator to Seller, The report is to be made satisfactory to and in compliance with applicable laws, mart-' 191 192' . gage lenders,' and/or Federal Irisonng and Guaranteeing Agency: requirements, if any. The inspection will include all readily visible and 102 181 accessible areas of all structures oa the Property except the following stiu rm,% which will not be inspected: im 194 194 135 (B) If the inspection reveals evidence of active infestation(s), Seller agrees, at Seller's expense and before settlement to treat for active infests- 195 108 boo(s); in accordance with applicable laws. "bas 182 '(C)' If the inspection reveals damage from' active infestation(s) or previous mfestatton(s),Buyer, atBuyer's expense, has the option to obtain a wm 1197 188 ten report b a professional contractor, home' inspecmonsercier, or structural engineer that is limited to structural damage to the Property caused" ' 1198 tea to so]to repair the dam'age: Buyer will deliver the structural damage-report =it corrective proposal by woad-d voying organisms 'snda proton 189 190 'Serer wiffida 7 DAYS of delivering4hc original inspection report ' IN 191 (D) Within 5 DAYS of reoeivingthe' structural damage report and corrective proposal Seller' will advise Buyer whether Seller will repair, at 1 191 192 'd `Seller's expense and before settlement, any structural damage'from active or previous infestation(s).' ''' 192 193 (E)'Ir Selleichoosesrotepairstrb'etumidmageme aledby lhempott, Buyer agrees to aceept the Propertyas repaired and agrees aidneRELEASP, 193 134 set forth in paragraph 25 of this Agreement. 11 184 195 (F) If Seller chooses not to repair structural damage revealed by the report or fails to respond within the time given, Buyer, within 5 DAYS, 195 196 will ratify Seller in writing of Buyer's choice hi I _ ree to the RELEASE set forth in para- rice and a tio without abatement of t l d b th i P i h h d f ,196 192 191 , g p ee s revea e y e nspec n, I. Accept the roperty w t t e e nor graph 25 of this Agreement, OR " "''° ' " " 196 158 2. -Make the repairs before settlement, if required by the mortgage lender, if any, at Buyer's expense and with Seller's permission; which will 199 200 not be unreasonably withheld, in which case Buyer accepts the Property and aAtees to the RELEASE set forth in paragraph 25 of this 260 201 - Agreement. If Seiler denies Buyer Permission to make the repairs, Bayer may, whim _5 DAYS of Seller's denial, terminate this 291 202 Agreement in writing, in which ease all deposit monies paid on account of purchase'price will be returned promptly to Buyer and this 202 203 Agreement will be VOID, OR 203 204 J Terminate this Agreement, m,wmeh case all dePosit mantes pawl 4r1 accoum of purchase price will be returned promptly to Buyer and 204 205 this Agreement will be VOID. 295 206 10. RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT NOTICE REQUIRED FOR PROPERTIES .205 27 UI BEFORE 1978(1-02)- ' 207 206 . OT APPLICABLE tae 205 ? APPLICABLE Sea 214 (A) Seller represents that Seller has np kngtvtedge concerning the presence of lead,baged.pajat and/or lead-based paint hazards in or about the 210 211 Property, unless checked below.' 2r, 212 ? - Seller has knowledge of the presence of lead-based paint and/or lead-based pamnhazards in or about the Property (Provide the basis for 212 213 determining that lead-based paint and/or hazards exist,: the location(,), the condition of the painted surfaces, and other available inforna- ' 213 210 . lien coureming-Seller's knowledge of the presence of lead-based paint and/or lead based paint hazards) 314 215 .215 216 (B) Records/Reports: Sellerhas no reports or penattarg to lead based paint and/or leadrbased paint hazards in or about the Property, records 216 2r, unless checked below. 217 21e ? Seller has provided Buyer with all available retards and reports pertiunm& to lead-based paint and/or lead based paint hazards in or about 219 219 the Property (List deventents) 215 220 sr. _, ,as n22a 221 q (C) Buyer's Acknowledgement: Buyer has received the pampglet Protect Big, Family7Fomiead in Your Hnme and has read the Lead' Wammg ? 221 2n Statement contained in this Agreement (see Environmental Notices). Buyer has reviewed Sellers disclosure of known lead based paint and/or 212 223 lead based paint hazards as identified in Paragraph Y0 A) and has received the records and reports perming to lead based paint and/or lead - 1 229 zed based Paint herlards identified in paragraph 90(13) - 224 225 Buyer's Initials - - Date 225 226 (D) RISK ASSESSMENTANSPECTION: Buyer acknowledges that before Buyer is obligated to buy a residential dwelling built before 1978, Buyer 226 227 ' ly ?? DAYS to conduct a risk assessment or inspection of the Property for the presence of lead-based paint and/or lead-based paint hazards. 2r, 229 WAIVED. Buyer understands that Buyer has the right to conduct a risk :assessment or inspection of the Property to determine the presence of 228 229 lead-based paint and/or lead-based paint hazards. BUYER WAIVES THIS RIGHT and agrees to the RELEASE set forth in paragraph 25 of 229 230 this Agreement. 290 231 ? ELECTED 231 232 1. Buyer, at Buyer's expense, chooses to obtain a risk assessment and/or inspection of the Property for leadbased paint and/or cad-based 232 233 non of 1 reemenL paint hazards. The risk assessment and/or inspection will be completed within 10 DAYS of the exec 233 234 , Buyer Initials: ?-el-- A/S-2K Page 3 of 8 Seger W tuts: eat o. 2. Within the time set forth above for obtaip me me risk:a6sessmenhan ler nspeclion of. the Property for lead-based paint and/or 235 lead-based paint hazards, Buyer may deliver to Seller a written list of the specific hazardous conditions cited in the report and three ass ten -,eoneciioas icquestedbyBuyer, along with, a copy of the risk assessment and/or, inspection report. . s : 332 i la 3. :Seller may„widan 7 DAYS oftecebingthe list and fepod(s),Subleat a writual corrective proposal to Buyer, The uurereve proposal ? .22s 1 WiRmulude, but nor he limited to, the name.opthe romediationcompany and a-pmjeCted completion date for corrective'. measures. Seller 235 r coif! provide cembcatimi firson a risk assessor .,inspector that conceive rneasures.hayebeen satisfactorily completed on ocbefore the... 2Q Projected completion date., ... ?.. 241 4. Upon receiving the corrective proposal, Buyer, within 5 DAYS, will - :.242 a. Accept the contortive proposal and die Property in writing, and agree to the RELEASE set forth in paragraph 25 ofthis Agreement, OR 243 b. Terminate this Agreement in waiting, in. which case all deposit counts paid of account ofpurchase,pried will be returned promptly 244 to Boyer and this Agreement unit be VOID. .. 245 5. Should Seller fail to submit a written corrective proposal within the time set forth in paragraph Rh03 or this Agreement, Buyer, 246 within 5-DAYS. will:. 242 a. Accept the Property in writing, and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 246 K Termjoate,this ,Agreement in writing, in. which. case all deposit moire:: paid on account of purchase. price will be returned promptly 249 to Buyer and this Agreement will be VOID. 250 6. Buyer's failure W eurecise any of Buyer's options within the time limits specified in this paragraph will cortsfitme a WAIVER of 251 ,. this contiogency old: Buyer: accepts, the Property and agrees: to. the RELEASE set forth in paragraph 25 of this. Agreement. 252 (E) Certification:. By signing this Agreement, Buyer and Seller certify the accuracy of their respective smtementt, 1. the best of their knowledg,. at 11. STATUS OF RADON. (1-02) 254 (A) Seller represents that Seller has no knowledge conceming the preunne, at, absence of radon unlessgheekedbaldw.:. 255 ? L Seller has knowledge that the property was tested on the dates, by the methods (e.g., charcoal canister, alpha back, etc),it with 256 the myths .f all{eats indicated below; 252 DATE TYPE OFTEST RISUUlS(picocuriesrliter or working levels) 258 259 260 COPIES; OF ALL AVAILABLE TEST REPORTS will. be delivered to. Buyer. with . this Agreement. SELLER. DOES NOT WAR- 20 RANT EITHER THE. METHODS OR RESULTS OF THE TESTS. ? 2. Seller has knowledge that the Property underwent radon reduction measures on. thedate(s) and by the method(s) indicated below: DATE RADON REDUCTION METHOD 262 263 264 265 266 N INSPECTION CONTINGENCY _ r - 267 WAIVED:-Buyer understands that Buyer has the option: to request that the Property be mspected for radon by acerti(rW inspector (see Eavorin- 268 mental Notieen Radon). BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of dos Agreement. 269 _.0 ELECTED.. Buyer, at8nyer's expense, has the option to obtain, from amrtifiw3 inspector, a radon- test of the property, and will deliver a copy 229 of the rest report to Seller within _ DAYS 05 days. if not specified) of the execution of this Agreement. (See. Environmental Notices- 271 Radon) : 272 1.. If the test,report reveals the presence of radon below 0.02 working levels (4 recocueiesf] iter), Buyer accepts the Property and agrees to the 223 RELEASE set forth in paragraph 25 of this Agreement 224 2 If the tot Report Reveals the presence of radon at or exceeding 0.02 working levels 14 pieocuroofliter), Buyer will, within 7 DAYS 225 of Receipt of the teat results 276 ? Option 1 277 a. Accept the property in. writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 228 b. Temdnalethis Agreement in writing, in which case all deposit monies paid on account ofpurchase price will be returned promptly to Buyer 229 and 1MsAgreement will be VOID, OR 280 I. Submits written, corrective proposal to Seller. The corrective proposal will include, but not be limited to, the name of the certified mitt- 281 gation company;; provisions for payment, including mucsu; and a projected completion date for corrective measures. 26 (1) Via n 5 DAYS of receiving the corrective proposal, Seller will 2a3 (a) Agree to the terms of the corrective proposal in writing, in which case IInver accepts the Property and agrees to the z84 F ?.:', .. RELEASE set forth in paragraph 25 of this Agreement, OR as (b) Not agree to the terns of the corrective proposal, 286 (2)' Should Seller not agree to the terns of theaorcecdve proposal or if Safer fails to respond within the time given, Buyer Will, Within 287 I' 5 DAYS,. elect to, 1 288 1 hu Accept the property fn writing and agree to the RELEASE.set forth in paragraph 25 of this Agreement OR 2e9 1 did Terminatedos Agreement in writing, in which case all deposit monies paid on account of purchase into will he remmed 298 promptly to Buyer and this Agreement will be VOID. an ?., Option 2. sic 292 3 a. Accept the Property in winning and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 393 1 b. Submit a written, corrective proposal to Seller. Do, corrective proposal aril include, but not be limited m, the name of the certified into 294 gation company; provisions for payment, including retestsand a projected completion date for corrective measures. Seller will pay a max- 295 s imam of $ toward the Lola) cost of remeditihon and retests, which will be completed by settlement. as 2 (q B the total cost of remedimou and retests EXCEEDS the amount specified in paragraph 11(13) (Option 2) Is, Seller will. within 292 6 5 DAYS of receipt of the cost of remediation, notify Buyer in writing of Sellers choice to- 296 9 (a) Pay for the total coat of termination and retests, in which case Buyer accepts the Property and agrees to the RELEASE set forth 299 0 in paragraph 25 of this Agreement, OR 3% 4 (b) Contribute toward the fora) cost of remodianon and retests only the amount specified in paragraph 11(13) (Option 2) b, 301. 2 (2) If Seller chooses not to pay for the total cost of remedfation and Orem.,, br if Sella fails to choose either option within tine time 302 3 given, Buyer will, within5 DAYS, notify Seller in writing of Buyer's choice to. 303 4 (a) Pay the difference between Seller's contribution to remediation and retests and the actual cost thereof, in which case 304 5 Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR 305 6 (b) Terminale this Agreement, in which case all deposit monies paid oa account of purchase price will be reamed promptly 306 2 in Buyer and this Agreement will be VOID. 302 6 12. STATUS OFWATEK(t-02) As 9 (A) Set r represents that the Property is served by. - - 308 6 Public Water 310 I Onsite Water 911 2 ? Community Water 312 3 ? None 31 4 ? 5 ((Dj WATER SERVICE INSPECTION CON NCY m4 3i5 8 WAIVED, Buyer acknowledges that Buyer r has has the option to request an inspection of the water service for file Property BUYER WAIVES 316 2 TIES OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement. 312 0 ? ELECTED 310 9 1. Buyer has the option, within _ DAYS (15 days ifnot specified) ofihe execution ofthe, Agreement nod at Buyer's expense, to deliver 3(9 a to Seller a written inspection report by a qualified, professional water testing company of the quality and/or quantity of the water service. 320 22 n Buyer WtiaE: A/S-2K Page 4 of S Seller Initials: 322 ak -r 323 2. ' Seller agrees to locate and provide access to the on sirefccindlndgall) w fAr-system, if. applicable, at Seller's expense, if required by the 323 324 inspection company. Seller also agrees to restore the Property, atSeller 'a expense, prior to settlement 324 625 1 If the reportreveals thatdie water ser"Wedoes not moil theminimum standards of my applicable governmental anthomy and/or failsm 325 326 satisfy. the requirements for quality and/or quantity se[ by the mortgage harder, If any, then Seller will, within 7 DAYS of receipt of 326 327 t the report;: notiTyd3eyei in writing of Seller's choiceto' i . 327 326 - a. - Upgrade the water' service to the minimum acceptable levels, before settlement, in which case Buyer accepts the Property andagrees .326 329 in the RELEASE set forth in paragraph 25 of dies Agreement, OR - 329 330 .. 'b. ..Not upgrade the water service. 330 331 -4, s If Seller chooses not to upgrade the service to minimum,,ecepmble1,Ms,or fails to respond within the time given, Buyer will, within 331 332 5_ DAYS, either 332 333 a- Accept the Property and the waterservice and, if required by the mortgage lender. if any, and/or any governmental authority, upgrade 333 ' 334 v -.. 'Me walerservicebefore settlement or within the how required by the mortgage lender, if any, add/or anygovemmamal' authority, to 334 335 Buyer's expense and with Seller's Permission which will not be unreasonably. withheld, and. agree to the RELEASE set forth in para- 335 336 graph 25 of this Agreement. If Seller denies Buyer permission to upgrade. the water service, Buyer may, within 5 DAYS of 336 337 :.Seller's denial, termiuate this Agreement in,wnting;:in which ease all deposit mines paid on account of purchase price will be 337 338 -- remmed promptly ro Buyer and this Agreement will be VOID, OR 338 330 - b:. Terminate this Agreement in writing, in which case: all deposit movies paid on account of purchase price will be returned promptly - 339 340 to Buyer and this Agreement will be VOID. - 340 341 13:: STATUS. OF SEWER (11.02) 341 342 (A) er represents that the Property is served by r 342 too Public Sewer 343 344 // ? Individual Codes: Sewage Disposal System (See Sewage Notice 1) 344 ' 345 ? Individual On-lot Sewage Disposal System in Prosimity to Well (See Sewage Nonce L see Sewage Notice 4, if applicable) 345 345 . `. ? . COri1 ributy Sewage Disposal System - - ' „y 347 ?. - Ten-acre Permit Exemption (See Sewage Notice 2) - 347 346. ? Holding Tank (See Sewage Notice 3) 346 349. ? None (See Sewage Notice t) \349 950 -? No.Mailable/Pe mlit Limitations in. Effect (See Sewage Notice 5). 650 351 ? 351 352 ley INDIVIDUAL ON•LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY '., 352 353 WAIVED: Buyer acknowledges that Buyer has the option to request an indivedualsmlot sewage disposal inspection of the Property. BUYER 353 354 WAIVES THIS OPTION and. agrees to theRELEASE set forth in paragraph 25 of this Agmerricau 354 355 .? ELECTED o'.: 355 356 L Buyer has the option, within DAYS (15 days if not specified) of the execution of this Agreement and at 'Buyer's expense, to 356 357 deliver to Seller a written inspection report by a qualified, professional inspector of the individual under sewage disposal system. 357 35a 2. Seller, at Seller's expense, agrees, if and as required by the inspection company, to locate, provide access to and empty the individual on 358 359 lot sewage disposal system. Seller also agrees to restore die Property, at Seller's expense, prior to settlement. 350 360 3. If the report reveals defects that do not require expansion or replacement of the existing sewage disposal system, Seller will, within 350 361 7 DAYS of receipt of the report, notify Buyer in writing of Seller's choice to: 361 362 a. Correct the defects before settlement, including retests, at Seller's expense, in which case Buyer accepts the Property and agrees to 362 363 the RELEASE set forth in paragraph 25 of this Agreement, OR f 363 361 b. N correct the defects. ( 364 365 7 ' 4. If Seiler chooses or tb correct the defects, or if Seller fails io respond within the time given, Buyer will, within 5 DAYS, either: 365 366 a. Accept the Property and the system and, if required by the mortgage lender, if any, and/or any governmental authority, correct the 366 367 defects before settlement or within hie time required by the mortgage lender, if any, and/or any governmental authority, at Buyer's ! 361 368 .to expense and with Seller's permission, which will not be unreasonably withheld, and agree to the RELEASE set faith in pam- 368 369 graph 25 of this Agreement. If Seller denies Buyer permission to correct the defects, Buyer may, within 5 DAYS of Seller's 669 370 denial, terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be rammed 870 371 promptly to Buyer and this Agreement will be VOID, OR 371 372 h Terminate this Agreement in writing, in which case all deposit monies paid on account of purhase price will be rammed 372 373 promptly to Buyer and this Agreement will be VOID. 373 374 5. If the report reveals the need to expand nr replace the existing individual on-Int sewage disposalsysteni, Seller may, within 25 DAYS 374 375 of receipt of the report, submit a corrective proposal to Buyer The corrective proposal will include, but not be limited to, the name of the 375 376 remedistme company; provisions for payment, including. retests; and a projected completion date for corrective measures. Within 376 377 5 DAYS of receiving Seller's eo m mi, proposal, or if no corrective proposal is received within the time given, Buyer will 677 373 a. Agree to the terms of the corrective proposal if any, in writing, in which case Buyeraccepts the Property and agrees to the RELEASE 678 379 set forth in paragraph 25 of this Agreement, OR 379 380 b. Accept the Property and the system and, if required by the mortgage lender, if any, and/or any governmental authority, correct the 380 381 defects before settlement or within the time required by the,, mortgage lender, if any, and/or any governmental authority, a Buyer's ho 382 sole expense and with Seller's spersuasions, which will. not be unreasonably withheld, and agree to the RELEASE set forth in para- 382 383 graph 25 of this Agreement If Seller denies Buyer permission to correct the defects, Buyer may, within 5 DAYS of Seller's 383 384 denial, terminate this Agreement in winning, in which case all deposit monies paid on account of purchase price will be returned 364 385 promptly to Buyer and this Agreement will be VOID, OR 385 Us c. Terminate this, Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly 386 .387 to Buyer and this Agreement will be VOID. .. 387 368 14. NOTICES,ASSESSMENTS & CERTIFICATES OF OCCUPANCY (1-02) 388 389 (A) Seller represents, as of Seller's execution of this Agreement, that no public improvement, condominium or. homeowner association assessments 399 390 have been made against the Property which remain unpaid, and that no notice by any government or public authority has been served upon 3% 391 Seller or anyone on Sellers behalf; including notices relating to violations cftoning, housing, building, safety or fire ordinances which remain 391 392 uvwmected, and that Seller knows of ao condition that would over, to violation of x such ordinances which remains uncorrected, unless 392 393 T otherwise specified here: ]?d y 393 394 395 395 397 398 399 400 401 U2 403 4a4 405 406 407 408 409 394 395 1% 397 398 399 400 401 402 403 401 40 406 407 408 409 410 (B) Seller knows of no othergom> nolic}s ,m ding vicladogs) and aa,,.Ieatits except as follows: (C)' In the event any infers (including violations) and assessments are receive after execution of this Agreement and before settlement Seller win notify Buyer in writing, within 5 DAYS of receiving the notice of assessment, that Seller will: 1. Comply with notices and assessments at Seller's expense, in which case Buyer accepts the Property and agrees to the RELEASE act forth in paragraph 25 of this Agreement OR 2. Not comply with notices and assessments at Seller's expense. 3. If Seller chooses not to comply with notices and assessments, or fails within the time given to notify Buyer if Seller will comply, Buyer will notify Seller within 5 DAYS in writing that Buyer will either: - Comply with notices and assessments at Buyci s expense and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR b_ Terminate this Agreement in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer and this Agreement will he VOID. If Buyer fails to notify Seller within the time given, Buyer accepts the Property and agrees to the RELEASE set forth in para- graph 25 of this Agreement. Ti Buy,, is advised that access to a public road may require issuance of a highway o,mpancy permit from. the Departure I T a sportalion Buyer Initials: ` A/S-2K Page 5 of 8 Setter Initials: -'Ali .(E) ifrequired bylaw, within 5 DAYS of the execution of this Agreement Seller will order for delivery in Buyer, ono, beforesedlemenn 411 -412 1. Acertifrcab.f,omtbeappropriatemunidpaldeparhnentordepm"entsdiscloingnoliceofanyunemrMWvioladonsofwning,hoes- 412 413 ing, building, safety or fire ordinances, AND/OR 413 -414 2. A ceatificate Pounding occupancy of. the Property. In the event repauchmprovements are required for the issuance ofthhe cerfificarte, Seller 414 415 will, within 5 DAYS of Seller's receipt of the requirements; notify Buyer of the requirements and whether Seller will make the 4t5 De required repairs/improvements at Sellers expense, 416 417 If Seller chooses to make the required repniimlimproverner s, Buyer agree, to accept the Property, as repaired and agrees to the RELEASE set 417 419 toM I. paragraph 25 0( rain Agreement. If Seller chooses not to make the required reptuslimprovements, Buyer will, within 5 DAYS, 416 419 notify Seller in writing of Buyers choice to terminate this Agreement OR make the repairshmprovements at Buyer's expense and with Shcers 419 420 permission, which will not be minasonshly withFicld. If Seller denies B over perainsionto make the required repairs or if Setter fails W respond 420 421 within lire time given, Buyer may, within 5 DAYS; terminate this Agreement in writing, in which case all deposit monies paid on account 421 422 of purchase price will be returned promptly to Buyer and this Agreement will be VOID. 422 Ors 15. TITLE, SURVEYS & COSTS ti -02) 423 424 (A) The Property is in be conveyed free and clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the following: existing 424 425 deed restrictions, historic preservation restrictions or alinance,, building restrictions, ordinances, easements almonds, easements visible upon 425 426 the ground, easements of record, privileges or rights of public service companies, if any; otherwise the title to the above descrihed read estate 426 . 427 will be good and marketable mid such as will be insured by a reputable fide f rm rance Company at due regular rates. 427 426 (B) Buyer will pay for the following: (1) Tide search, tide insurance and/or mechanics lien insurance, or fee for cancellation of same, if any; 428 429 (2) Flood insurance, fire insurance with extended coverage, mine subsidence insurance, or fee for cancellation of same, if any; (3) Appraisal 429 498. .. fees and charges paid in advance to mortgage tender, if any (4) Buyer % cue romary settlement costs and serums. 430 431 (C) Ary survey in surveys which may be required by the Title Insurance Company or the abstracting immunity for the preparation of an adequate 431 432 legal description of the Propeny or the cortmtion thereof) will he secured and paid for by Seller. Any survey or surveys desired by Buyer or 432 433 required by the mortgage lender will be secured and paid for by Buyer 433 404 (D) In the event Seller is unable to give a good and marketable title and such as will be insured by a reputable Title Company at the regular rates, as 434 435 specified in paragraph I YA), Buyer will have she opium of (1) hiking such title as Seller can give with no change in the pumhace price; or (2) being 435 436 -- repaid all monies paid by Buyer to Seller on account ofpurchaw price and being reimbursed by Seller for any costs incurred by Buyer for any Roper- 436 437 cons or certifications obtained according to thereon, of the Agreement and. for those items specified in paragraph IS(B) items (1), (2), (3) and in 01 Ole paragraph. 15(C), in which cats, the. will be no further liability or obligation on either of the parties hereto and this Agreement will become VOID. 438. 439 16. ZONING CLASSIFICATION (1-02) 09 440 Failure of this Agreement to contain the coning classification (except in cases where the property (and each parcel thereof: if subdividable) is weed 440 "I solely or primarily to permit single-family dwellings) will tender dus Agreement voidable at the option of the Buyer and, if voided, any deposits 441 on tendered by the Buyer will be rammed me Buyer without any requirement for court action. 02 443 Zoning ClassiBmRom -1, /-1 ?' .` 443 444 ? ELECTED. With?15 DAYS of the execution of this Agreement, Buyer will verify that the existing use of the. Property as aid 445 is permitted. Or the event the use is not pemlilted. Buyer will, within the time 445 As oven for vet ication, notify Seller in wtiong that the existing use of the Property isnor permitted and Ws Agreement. will be VOID, inwhich 446 447 case all deposit monies paid on account of purchase price will be rearmed promptly to Buyer Buyer's failure to respond within the thine 447 WB given will conadi/ute a WAIVER of this contingency and all other creas of this Agreement remain in full force and effect. 448 us 17. OAL NOTICE, I 449 van T APPLICABLE a50 . 451 1 ffpLICABLE ut us! THIS e(JIMARNr MAY NOT SELL, MNVL'Y, TAPI4SFFA M(]ANE OR INSURHarE THE TO THE COAL AND lomro OF SURN RT UNDERNEATu ItHE SURFACE LAND 452 4153 DESCIPFD OR REFIRRFD M HERfi1N,AND THE OWNER On OWNERS OF SUCH COAL MAY HAVE INE MMPLEI£ LEGAL RIGIrr TO RWOVE ALL SUCH COAL AND 453 4 nJTV er MNNFCDON, DAMAGE NAY RESULT lD THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUC E. ON OR IN SUCH rANU. (This 454 1 5 notice is set forth in the manner provided in Section I of the Act of July 17, 1957, P.L. 984.) "Buyer acknowledges that he mxy not be obtaining the -455 . 156 right of protection against subsidence resulting from. coal mining operations, and that the property described herein maybe protected from damage x5a 157 due in mine suceidenec by a priers, entries with the owners of the economic interests in the coal. This acknowledgement is made for the putrpxso 457 us of complying with the provisions of Section 14 of the Bituminous Mine Subsidence laud the Land Conservation Act of Apo 127, 1966.' Boyer agrees 458 $9 to sign the dined @om Seller which deed will contain the aforesaid provision. 459 an 18. POSSESSION (1 -02) 1 460 61 (A) Possession is to be delivered by deed, keys and; 461 62 L Physical possession to vacant Property free of debris, with all stnwmres broom-clean, at day and time of settlement, AND/OR 452 63 2. Assignment of existing lease(s), together with any security deposits and interest at time of settlement if Property is leased m the 463 6J execution of this Agreement or mrkss otherwise specified berei, Buyer will acknowledge existing (ease(s) by initialing said lease(,) at 4(F 65 time of execution of this Agreement. 465 66 (B) Seller will not enter torn any new leases, written extension of existing leases. If any, or additional leases for the Property without the written 466 V consent of Buyer. 467 35 19. RECORDING (3-85) This Agreement will not be recorded in the Office for the Recording of Deeds or in any other office or place of public record 468 69 and if Buyer raises m permits this Agreement W be recorded, Seller may elect an treat such act as a breach of this Agreement 469 Ill 20. ASSIGNMENT (3-85) This Agreement vill.be binding upon the parties, their respective heirs, personal representatives, guardians and succeamm, 470 11 and to the extent assignable, on the assigns of the parties herein, it being expressly understood, however, that Buyer will not transfer or 2sstgn this 471 r2 Agreement without the written consent of Seller. - 472 13 21. DEPOSIT & RECOVERY FUND (1-02) 4TI 14 (A) Deposits paid by Buyer within 30. DAYS of settlement will he by cash, cashier's or certified check. Deposits, regardless of the form of 474 s payment and the person designated as payee, will be paid in U-S.: Dollars to Broker or party identified in paragraph 3(B), who will retain them 475 6 I. an escrow account until consummation or termination ofthis Agreement in conformity with all applicable laws and regulations. Any encashed 476 7 check tendered as deposit monies may be held pending the acceptance of this offer, M 31 (B) Upon termination of this Agreement the Broker holding the deposit monies will release the deposit monies in. accordance with the terms ofa 478 9 fully executed written agivienee4R bevar. Buyer and Seller 479 0 (C) In the event of A dispute over entitlement to deposit monies, a broker holding the depositmmne, is required by me Rules and Regulations of 463 I the Scam Real Estate Commission (49 Pa. Code §35.327) to retain the monies in escrow unlit the dispute is resolved- In the event of lifigation 481 2 for the return of d,otit monies, a broker will distribute the mones as directed by a hard order of court or the written Agreement of the parties. 482 3 Buyer and Seller agree that in due event any broker or affiliated licensee is joined in litigation for the return of deposit romart, the amomeys' 483 1 fees acrd costs of the broker(s) and heenaecaud will be paid by the party opmg. theta - 484 I (D) A Real Estate Reelvery Fond exists to reimburse any persons who have gbDined a final civil judgment against a Pennsylvania real estate, 485 dicameee owing to fraud, misrepresentation, or Jeceit in a real niate transaction mid who have been unable to collect the judgment after exhaust- 486 ' ing all legal and equitable remedies. For complete details about the prod, call (717) 783-365$ or (800) 8222113 (within Pennsylvania) and 487 m (717) 7834854 (outside Pennsylvania). us 22, CONDOMINIUM/PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) RESALE NOTICE (1-02) 489 ? NOTAPPLICABLE 490 ? APPLICABLE: CONDOMINIUM. Buyer acknowledges that the Property e, a trait of a condominium that is primarily ton by a unit owners' 491 association. §3407 ofthe Uniform Condominium Act of Pennsylvania requires Seller tofurnish Buyer with a Certificate of Resale and copies 492 of the condomininm declaration (other, than phis and plans), the bylaws, and the rates and regulations of the association. APPLICABLE'. PLANNED COMMI)NITY (HOMEOWNER ASSOCIATION). Buyer acknowledges that the Property is part of a phoned 493 494 ,.,.rally as defined by the Uniform Planned Community Act. (See Definition of Planned Community Notice). §5407(a) of the Act requires 495 Seller to famish Buyer with a copy of the Declaration (other roan plats and plums), the bylaws, the rates and regulations of the association, and 496 a Cenificare containing the provisions set forth in §5407(a) of due Act. 497 Buyer Irddals:_ A/S-2K Page 6 of 8 Seller In}t}ale: q98 49s ' i Erh NlJLWWMGAt't'LIN.StV.PKUPp.(C1r17:.tu•'1'k1A{'eYllC".!IIAIS't1S'?N'feV UtQ}ypl,UllIIQJ/UM VRrA PLANNKU I:UMMUNI't'Y. '4% No , (A) Within f5.. DAYSof the execution of this Agreement, Selledwiil submita request to the association for a Certificate of Resale and the doc- . 500 581 fn Zuplnnts necessary le, enable Seller woomply.with . the A'xn The Act' provides that the association is required?to'provide drew deoumenlsmitlun; i ,5m Sul , 'nw °: IQ daYagLSellerls request ,..:, . ,. ,. . 502 6q3, '03) i Seller will promptly delnerror Buyer pit aleenmems received from the assocranov Under the Act; Seller is not liable to Buyer for the, failure or 503 504, y r„ delay of ffic association to provide the Cerlif3cele in a Lamely mutant medsiSWer liable to Buyer for my erroneous information; provided'byr . 504 605 . theramciation.and included :mithe CifElfcate.._ 505 596 (C) Buyer may declare this Agreement VOID at any time before Buyers receipt of thc association documents and for 5,days thereafter, OR until 506 97 settlemean. whichever occurs first. Buyer s notice declaring this Agreement void must be in writing; thereafter all deposit monies will be 507 598 resumed to Bayer... _ We -509,.. (D).Intheevent :the association has the right to buy the Property (right of first m tied), and the association 'exercises that right, Seller will reimburse .509 510 Buyer for all monies paid by Buyer on account ofpamhase price and for any costs incurred by Buyer for: (1)- Tide search. tide insura,ce and/or.- 510 511 ., mechaniw,lien:insuFance, or fee for cancellation oPsZifariy; (2) Flood insurance and/or fire insurance with extended coverage, nune.sub- 5n 51, sidence insuranceor fee for cancellation of same, if tiny; (3) Appraisal fees and charges paid in advance to mortgage lender; if any. . 512 513 23rMAINTENANCE&RISKOFLOSS(1-02);,,.,. .,,. 513 514 (A) Seller will maintain the Property, grounds, fixtures, and any personal property specifically scheduled herein in its present condition, normal 514 515 wear and tear excepted sis 516 B) In the event any system or appliance included in the sale of the Properly fails and Seller does not repair. or replace the item, Seller will promptly 516 517 notify Buyer in writing of Seller's choice to: 517 518 1; Repair or. replace the failed system or mphmlce before settlement or credit Buyer at settlement for die fair market value of the failed. sy6- 518 519 win or appliance (dua option must be acceptable to the mortgage tender, if airy). In each case. Buyer accepts the Property and agrees to 519 520 the RELEASE set forth in paragraph 25 of this Agreement, OR 520 521 2. Not repair or replace, the, failed system or appliance,. and not credit B over at settlemeat for the fair market value of the failed system or 521 -522. appliance; If Setter does tire repair, replace or offer a. credit for the failed system or appliance, or if Seller falls to notify Buyer 522 523 of Seller's choice, 13 wnllmotify. Seller in writing: within - DAYS: or before. settlement, whichever. is sooner, that Buyer 523 524 will: 524 R5 ..a,.- Accept the Property and agree to the RELEASEsetforth in paragraph 25 of this Agreement, OR 525 526 S, Terminate this Agreement, in which case. all deposit momes "iton account of purchase price: will, be returned promptly to Buyer 526 527 and this Agreement will be VOID. 527 529 (C) Seller will bear risk of loss from Eire or other casualties until time of settlement. In the event of damage by fire or other casualties to any prop- 528 529 arty included in this salei that ise not reported or replaced prior to sentiment, Buye6w11t have the option of rescinding this Agreement and 529 530 promptly receiving all monies paid on account of purchase price or of accepting the Property in its then condition together with the proceeds 530 531 of any insurance recovery obtainable by Seller Buyer is hereby notified that Buyer may insure : Buyer's equitable interest in this Property as of 531 532 the time of execution of this Agreement 532 533 24.. WAIVER OF CONTINGENCIES (I e02) 533 564 If this Agreement is contingent on Buyer's right to inspect and/or repair the. Property; Buyer's failure to exercise any of Buyer's options within 534 535 We time limits act forth in this Agreement will constitute a WAIVER of that contingency and Buyer accepts the Property and agrees to the 535 536 RELEASE set forth In paragraph 25 of this Agreement - 536 537 25. RELEASE (1.02 - 537 538 Buyer hereby releases, quit claims. and forever discharges. SELLER',: ALL BROKERS, their LICENSEES, EMPLOYEES, and any OFFI- 538 539 CER or PARTNER of any one of them and any other PERSON, FtRAL or. CORPORATION who may be liable by or through them, from $39 549 any and all claims, losses or demands, including, but not limited to, personal injuries and property damage andall of the consequences there-... sun u1 of, whether now known or not, which may arise from the presence of termites or other wood-boring. insects, radon, lead-based paint ha,- 511 542 Ards, environmental hazards, anydefecfs in the individual on sewage disposal system or deficiencies in the on-site water service system, 542 543 or any defects or conditions on the Property. Should Seller be.in default under the tram s.of this Agreement, this release does not deprive 543 544 Buyer of any right to pursue any remedies that may be available under law or equity. This release will survive settlement 514 545 26. REPRESENTATIONS (1,02) 545 546 (A) Buyer understands that any representations, claims. advertising, promotional activities, brochures or plans clam, kind made by Seller, Brokers. 546 547 their licensees, employees, officers, or partners are not a part of this Agreement unless expressly incorporated or stated to this Agreement It is 547 548,1 . further understood. that th is, Agreement contains the whole, agreement homeen Seiler and Buyer and there are no other terms, obligations, 54, 549 covenants, representations, statements or conditions, oral or otherwise of any kind whanseever concerning this sale.) Furthermore, this 549 550 Agreement will not be altered,.amendedthanged, op modified except in writing executed by the parties.. 550 551 (B) It is understood that Buyer has inspected the Property before signing this Agreement (including fixtures and any personal property 551 552 .. ...:specifically whedWed.hereird, or has waived the right to do so, and has agreed to purchase the Property in. its present condition unless 552 553 otherwise slated in thboAgreement Buyeeacknowledges that Brokers, their fiethanas,. employees, officers . or partners have not made 553 554 an independent examination or determination of the structural soundness of the Property, the age or condition of the components, em i. 554 555 rormormal conditions, the permitted mss, or of conditions: existing inithe locale where the Property is situated; nor have they made a 555 556 mechanical inspection of any of the systems contained therein. 556 557 -.(C).Any: repairs required by this Agreement will he completed, in a workmanlike mother. 557 558 (D) Bmkcr(s) may fortune, services to assist unrepresented parties in complying with the terns of this Agreement -558 559 (E) The headings, captions, and line numbers in this Agreement are meant only to make it easier to find the paragraphs. 559 me 27. DEFAULT (1 -02) me 561 (A) Seller has the option of retaining all sumspaid by Buyer, including the deposit monies, should Buyer: 561 562 1. Fail to make any additional payments as specified in paragraph 3; OR 562 563 2. Funush false or incomplete information to Seller, Broker(s), or the mortgage lender, if any, concerning Buyer's legal or financial slams, 563 564 or fail to cooperate in the processing of the mortgage loan application,. which aGa would result in the failure to obtain the approval of a 564 555 mortgage loan commitment; OR - 565 5% 3. Violate or fail m. fulfill and perform any other terms or conditions of this Agreement 566 567 (B) Unless otherwise chanced in paragraph 27 (C), Seller may elect to retain those sums paid by Buyer, including deposit monies, in one of the 567 566 following manners: us 569 1. On account of purchase price; OR 569 570 2. As monies to be applied to Seller's damages; OR 579 571 ? /As liquidated damages for such breach. 571 572 (C) Seller is limited to emitting sums paid by Buyer, including deposit monies, as liquidated damages- 572 573 (D) If Seller retains al( sums paid by Buyer, including deposit monies, as liquidated damages pursuant to paragraph 27 (B) or (C), Buyer and Seller 573 574 will be released fibm further liability or obligation and this Agreement willfbe VOID. - - 574 $75 28. MEDIATION (7-96) - 575 s76 ? NOTAVAILABIE -'- 576 s77 WANED. Buyer and Seller understand that they may choose to mediate. at a later dale, should a dispute arise, but that there will be no obli- 577 576 gotten on the pan of any party to do so. 578 570 ? ELECTED 579 560 (A) Buyer and Seller will try to resolve any dispute or claim that may arise from this Agreement through mediation, in accordance with the Rules Sao 581 and Procedures of the Home SellersMome Buyers Dispute Resolution System. Any agreement reached through a mediation conference and 581 5132 signed by the parties will be binding. 562 583 (B) Buyer and Seller acknowledge that they have received, read, and understand' die Rules and Procedures of the Home Sellers/Home Buyers 583 584 Dispute Resolution System (see Mediation Notice). sfia 565 (C) This agreement to mediate disputes arising from this Agreement will survive settlement L 585 sfia Buyer Initials: A/S-2K Page 7 of 8 Seller Initials: A L 586 -500 (A) The following impart of this Agreement ifmhacked: - 588 -.589 ? Sale & Settlement of Other. Property Sende.?entet OLneq Property Contingency Addendum (PAR Form SOP) 369 5% Comingency Addendum (PAR Form SSP) Tenant-Occupied Pi'o etry Addendum (PAR Porm TOP) 596 :. set, . sr? Sale & Settlement of Other Properly Contingency 551 592 71 with Right to Continue Mark'ehng Addendum 552 598 (PAR Form SSP-CM) 595 594 (B) 594 596 ,.. .: ,[>,- ": .... .:. 595 5% 597 .,..... ,r.:', .. :.., 597 596 500 599 _. ,.'... 599 600 - eon 601 ,.. _ 601 602 . _ 602 603 . Buyer and Seller acknowledge receiving a copy of this Agreement at the time of signing: - 603 604' 61 - 605, - NOTICE TO PARTIES: W HEN•SIGNED; THIS AGREEMENT ISA BINDING: CONTRACT.' Return by facsimile tramsm4ssidn'(FAtO,nf this^ .605 606 = Agrecmengand all addenda, bearing the.signamres ofa6.parties, constitutes acceptance of this Agreement Parties toahis transaction areadstised'- 606 607 to consult an attorney before sharing if they desire'Iega1'adrice. 607 Eta I .. we 609 Buyer has reserved t14re Consumer Notice as adopted by the State But Estate Commission at 49 Pa. Code $35336. 609 sIo r'-Buyer ens rereived.a atatemen4of Buyer'seslimated ckisingrasts befrresigningtbis Agreement 610 611 Buyer has read and understands the notices and explanatory information set forth in this Agreement. 611 612 Buyer has received a Seller's Property Disclosure Statement before signing this Agreement, if required by law (see Information Regarding: 612 613 the Real E=ae,Seiler Dise1cwwe+Ls L4°'//jq.'... ,.1 e.; .:.. r .m. 619 614 Buyer has received the Deposit Money Nonce (for coopecahve sales when Broker for Seller is holding deposit moneypbefore signing.thts - 514 615 Agreement. 4L1,0CW/t M /T A .. 615 616 . n .t _ .... . . ... 616 617 /_7 A ". ,:. ,...:. ,• BUYER'S MAILING ADDRESS: 017 616 516 519 BUYER'S CONTACT NUMBER(S)- H,\ t 619 S20 620 received the Consumer. NoticeiasucloptedNhythe State'Real Estate 637 ?.. SaRC(ii mad and understands: Rtelnpliemand 638 f? n^ 639 SELLER'S MARLING ADDRESS: - ?L DATE 621 622 623 DATE 624 625 626 '.., IDAW 627 626 629 630 631 632 633 Mae 634 Code:¢35.336. - -.. tr. 935 636 rt- 637 636 639 646 /4 f . fA 640 541 SELLER'S CONTACT M)MBER(Sh [? . / / / - 641 642 6,12 Gds WI'1'NFLSS - nV SELLER:. DATE 71 643 644 Y ?v S$# 1- -1 64 645 `7 v., 645 646 WITNESS SELLER DATE 646 647 SS# " 647 644' ,..i. p .. me 649- , WITNESS SELLERS , DATE 649. 650 SS4t _ .. 650 551 651 652 BMker's/Lieenues'Certific tiops,(cheek,alilthat aryapplicable):.. n - .- - 653 ?„ Regarting Lend-Bow§d-Paiw4lazat'ds Oisclower: RequiredrifP%perty,was built before 1978: The undersigned Licensees; involved in 653 654 this transaction, on hcha6Lmrthems*cs and their brokers, verify that their statements are our to the best of theirknowledge and better. 654 655 N Acknowledgement: The laccreees involved in Nis,hansacfionhave informed Seller of Seller',obligations under: The Residential lead-Based 655 656 Paint Hazard Reduction Act, 42 U.S.C. $4852(d), and are aware of their respons ibilily to ensure compliance . 656 657 657 656 ? Regarding FHA Mortgages: The undersigned Licensees involved in this t anmcnon, on behalf of themselves and their brokers, certify, that 658 659 the loons of this contract for purchase are we to the best of their knowledge out belief, and that any other agreement entered into by any of 659 650 these panties in connection with this transaction is attached to this Agreement 660 661 r'.t 661 662 ? Regarding Mediation: The undersigned ? Broker for Seller ? Broker for Buyer agree to submit to mediation in accordance with 662 663 paragraph 28 of this Agreement. 663 664 664 665 BROKER FOR SEILER (Company Name) 1 665 666 ACCEPTED 666 667 667 660 668 BROKER FOR BUYER (Cu `pa?y ?n 669 ACCEPTED 669 670 679 671 AN-2K Puri, 8 of H 671 BUYER'S COPY 622 623 624 WITNESS BUYER 525 SS# 626 627. WITNESS BUYER 626 .,n - SS# ADDENDUMIENDORSEMENT TO AGREEMENT OF SALE ASA-I, 112 PROPERTY SELLER_ ,''? ,lf- r /? %"i ? %t?r• -?----- ---- --- - _ BUYER .1 -?' r' - - ------ -- -- DATE OF AGREEMENT T % All other terms and conditions of the Agreement of Sale remain unchanged a 1 in Cull f and effect_ WITNESS ,.-.-,?' BUYER. WITNESS/ BUYER WITNESS --? BUYER DATE DATE. DAff; WITNESS SELLER DATE WITNESS ! I ! 'I SE I [ ER' _ DACE-- WITNESS ?_T - f_- SELLER DATE ® PennsyTVama Association of APYRIGTiTPENNSYi.VANIAASSOCLCPIONOFREALTORS?2M2 REALTORS" 9A) Ate ', s?`..!)1'Jrm;1? UnIIff)lk'--d I fl? . i, r R r: v :.f. ii FIfG9 199 February 25. 2005 Scott and Penny Feescr 120 Slonchedge Drive Carlisle, Pa 17013 (W) 541-9001 ( 11) 240-2985 restore?a epix.net w.Hw. RestorationsUnlimited.or g Pho"F (717)362-3477 Fax (7)7)362-4571 We propose to furnish the labor and materials for the following work to be completed at the address listed above • All City, County, State, &/or Federal: fees, permits, approvals, inspections, etc... whether they are Government, Organization, &/or Association related, shall be the full responsibility of the Customer listed above, and are not included in this price. • OH'ner to supply electric, water and sanitary facilities. As per our inspection and reconrmendation, we conclude that the floor specifically in the kitchen area is damaged duc 10 ,111 acclimation and installation issues. Dining room and foyer/hall seem to be in good condition even with seasonal conditions Kitchen area can be resolved by removing existing flooring and installing new (sane product) but with proper acclimation- An alternative, if the existing product cannot be acquired is to remove all flooring and install same species in those areas- a- Kitchen area existing wood floor removed and new (same product) installed. Total labor and materials ....................................................... ................$ 4000.00 b_ Remove entire existing wood flooring and install select or better 2-114 inch oak flooring, sand and finish- One coat sealer, two coats polyurethane. Stain an additional $1.00 per square foot Total labor and materials .........................................................................$ 8000.00 TERMS: 50% down balance upon completion Work to be completed will be billed as labor and materials at $42/1-r _ We are not responsible for delays in work for reasons beyond our control. Labor and materials guaranteed for one year from date of completion (for defects in workmanship or materials only, not for normal wear and tear, misuse, or for problems caused by reasons beyond our control)- Manufacturers' warranties apply as stated on each item so covered- Prices guaranteed for 30 days only from date of contract. Customer can exercise the right of rescission (canceling the contract) 1 control) Manufacturers' warranties apply as stated on each item so covered- Prices guaranteed for 30 days only from (Lite of contract Customer can exercise the right of rescission (canceling the contract) for up to three days after the date of signing this contract, and must notify us in writing (which bears a timely posttr>ark) of this decision We reserve the right to charge a 21!4o late fee on amounts past due (over 30 days hem billing (late) The laws of the Con rnonwealih of Pell] sylvania govern the temu and conditions of this contract - I have read and understand the technical aspects, terms, and exclusions as set forth above Ya mcs S Facinelli, President Accepted Sutmritted by Accepted I Date RESTORATIONS UNLIMITLD. INC. z Note- Please send its all pages of the signed original, we will send you a photocopy 2 CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the within document this 3 day of ? ue ht')-t? , 2005, on the following via facsimile and by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 CALDWELL & KEARNS By: (4!v' LU'C r-% ? ? : 1 { f Scott Feeser & Penny Feeser, Husband & Wife, Plaintiffs vi. Katko, Inc. & Joseph Katkocin, Defendants In The Court of Common Pleas Cumberland County, Pennsylvania No: 05-4904 NOTICE TO PLEAD TO: Brett M. Woodburn, Esquire Caldwell and Kearns 3631 North Front Street Harrisburg, PA 17110-1533 You are hereby notified to file a written response to the enclosed Preliminary Objections to the Amended Complaint within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully Submitted TURO LAVA/ OFFICES Date Ron Turo, E=squire 28 South Pitt Street Carlisle, PA, 17013 (717) 245-9688 Attorney for Defendant Scott Feeser & Penny Feeser, Husband & Wife, Plaintiffs V. Katko, Inc. & Joseph Katkocin, Defendants In The Court of Common Pleas Cumberland County, Pennsylvania No: 05-4904 Preliminary Objection To Amended Complaint And Now Comes the defendants, Katko, Inc. & Joseph Katkocin, by and through their attorneys, Turo Law Offices and file the following Preliminary Objection to the Amended Complaint: The plaintiffs, Scott and Penny Feeser have filed an Amended Complaint alleging, among other things, that defendant's did sell them a home which was constructed with a defective wood floor in the kitchen/dinning room. The plaintiffs have filed a Breach of Contract, Breach of Expressed Warranty, Fraud, Unfair Trade Practices and Negligent Misrepresentation counts. In various of these counts plaintiffs have made allegations of gross, wanton and reckless conduct and have requested punitive damages. The request for punitive damages is not appropriate in light of alleged defective wood floor and, moreover, is not authorized by statute, ruling or case law and consequently should be stricken. Motion to Strike Paragraphs 1 through 3 are re-alleged and incorporated herein: 4. The request for punitive damages is scandalous and inappropriate in light of the allegations, even if taken as true and therefore must be stricken. WHEREFORE, all the above reasons the defendants, Katko, Inc. & Joseph Katkocin, by and through their attorneys, Turo Law Offices, respectfully request this Court to order the plaintiffs to strike any reference to punitive damages and file an amended complaint. ll-a r Date Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717)245-9688 ext31 CERTIFICATE OF SERVICE d1, I, Ron Turo, Esquire hereby certify that I served a true and correct copy of the Preliminary Objections to the Amended Complaint, upon Brett M. Woodburn, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the _ day of2005, from Carlisle, Pennsylvania, addressed as follows: Brett M. Woodburn, Esquire Caldwell and Kearns 3631 North Front Street Harrisburg, PA 17110-1533 LAW OFFICES Ron Turo, Rs4uire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 ' `_ ` ; -n ?7 j 3-. ?^ (T1 .. ;'-Y r7 °5 ,,t, ?: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL COVER SHEET Scott Feeser and Penny Feeser, Husband and Wife, Plaintiffs, No. 05-4904 VS. Civil Action - Law Katko, Inc., and Joseph Katkocin, Second Amended Complaint Defendants. Caldwell & Kearns Brett M. Woodburn, Esquire Attorney I.D. 481786 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 li?c?t?dbiu n;u cald??,elll<eal7? coral, Attorney for Plaintiffs Scott and Penny Feeser SCOTT FEESER and PENNY IN THE COURT OF COMMON PLEAS FEESER, Husband and Wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs Vs. : NO. 05-4904 KATKO INC., and JOSEPH CIVIL ACTION -LAW KATKOCEN, Defendants JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 SCOTT FEESER and PENNY IN THE COURT OF COMMON PLEAS FEESER, Husband and Wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. : NO. 05-4904 KATKO INC., and JOSEPH CIVIL ACTION -LAW KATKOCIN, Defendants JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. Si usted quiere 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 o en persona o por abogado y arcbivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defrende, la corte tomara medidas y puede entrar una orden contra usted sin previo a viso o notificacion, y per cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 SCOTT FEESER and PENNY FEESER, Husband and Wife, Plaintiffs VS. KATKO INC., and JOSEPH KATKOCIN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4904 CIVIL ACTION - LAW JURY TRIAL DEMANDED SECOND AMENDED COMPLAINT AND NOW, come the Plaintiffs, Scott Feeser and Penny Feeser, husband and wife, by and through their attorneys, Caldwell & Kearns, and file the within Complaint; and in support thereof, avers as follows: Plaintiffs, Scott and Penny Feeser ("Plaintiffs"), are a married couple currently residing at 120 Stonehedge Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant, Katko Inc., ("Defendant Katko"), is a Pennsylvania business corporation and general contracting company, with a principal place of business located at P.O. Box 370, Camp Hill, Pennsylvania, 17001, and registered corporate office at 3803 Pamay Drive, Mechanicsburg, Pennsylvania 17055. Defendant Joseph Katkocin, ("Defendant Katkocin"), is an adult individual and owner, president and agent of Defendant Katko, who currently resides at 3803 Pamay Drive, Mechanicsburg, Pennsylvania 17055. 4. On or about July 23, 2003, Plaintiff Scott Feeser entered into an Agreement of Sale ("Agreement') with Defendant Katko for the purchase of a new home located at 120 Stonehedge Drive, Carlisle, Pennsylvania, 17013 ("Property"). A true and correct copy of the Agreement of Sale is attached hereto as Exhibit "A" and incorporated herein by reference. 5. The Agreement between Plaintiff and Defendant included the installation of hardwood flooring in three rooms of the home. 6. Plaintiff Penny Feeser was an intended third party beneficiary of the Agreement. On or about September 26, 2003, Plaintiffs conducted settlement on the home and title was transferred from Defendant Katkocin to Plaintiffs as husband and wife. 8. Defendants were aware that the Property was being purchased with marital funds and was to be used as the marital residence of Plaintiffs. 9. Subsequent to settling on the property, Plaintiffs discovered that hardwood flooring installed in the kitchen was defective. 10. The defects were due to improper and substandard installation of the hardwood flooring in the kitchen. 11. The defects were discovered over time as colored wood putty was extruded and loosened from gaps between the boards as the flooring was walked on. 12. When the colored wood putty came out of the hardwood floor, large and noticeable gaps were detected between the strips and at the joints of the hardwood flooring in the kitchen area of Plaintiffs' home. 13. It is believed, and therefore averred, that Defendants knew of the defects in the hardwood flooring of the kitchen prior to settlement. 14. Defendants never disclosed their knowledge of the defects in the hardwood flooring of the kitchen to either Plaintiff prior to settlement. 15. It is believed, and therefore averred, that the Defendants, individually and/or through agents or contractors under their control, attempted to conceal the gaps in the defective and improperly installed hardwood flooring by filling the gaps with wood putty. 16. The wood putty used by Defendant Katki and/or Defendant Katkocin was the same color as the hardwood flooring, which prevented Plaintiffs from detecting the defects in the flooring prior to settlement. 17. On or about July 9, 2004, Plaintiffs notified Defendants of the defects by notifying Defendant Joseph Katkocin and requesting that the defective flooring be repaired or replaced. 18. To date, despite numerous demands, Defendants have refused to correct the problem with the damaged hardwood floors in the Plaintiffs home. 19. On or about February 25, 2005, at the direction of Plaintiffs, the flooring was inspected by Restorations Unlimited, Inc. 20. Restorations Unlimited, Inc., determined that the flooring in the kitchen area was damaged due to improper installation techniques being used when the floor was first installed and needed to be replaced. 21. Restorations Unlimited, Inc., provided a bid proposal for correction of the improperly installed flooring amounting to approximately $8,000.00 for removal and replacement of all of the hardwood flooring in the first floor of the property. A true and correct copy of the bid proposal from Restorations Unlimited, Inc., is attached hereto as Exhibit "B" and incorporated herein by reference. 22. It is believed, and therefore averred, that the hardwood floor product originally installed throughout the first floor of the Property is no longer available from the manufacturer. 23. Because the defective kitchen flooring is contiguous with the other hardwood flooring in the first floor of the property; all of the hardwood flooring must be replaced if the matching type, color and grain of hardwood flooring cannot be obtained from the manufacturer. 24. Simply replacing the hardwood flooring in the kitchen with a product that does not match the type, color and grain of hardwood flooring contiguous to the kitchen flooring would be insufficient to maintain the aesthetics and look of the first floor flooring Plaintiffs were promised to receive by the Defendants. COUNT I - BREACH OF CONTRACT Plaintiffs v. Katko Inc. 25. Plaintiffs incorporate paragraphs 1 through 24 above as if set forth in full. 26. Plaintiffs tendered Two-Hundred Fifty Nine Thousand Nine-Hundred ($259,900.00) Dollars in exchange for Defendant Katko's promise to deliver the Property as set forth in the Agreement, including properly installed hardwood flooring. 27. Defendant Katko breached that duty to Plaintiffs by failing to deliver the Property with properly installed hardwood flooring in the kitchen area of the home. 28. As a direct and proximate result of this breach, Plaintiffs have suffered the damages as set forth herein above. WHEREFORE, Plaintiffs Scott and Penny Feeser respectfully request that this Honorable Court enter judgment in their favor and against the Defendant Katko Inc., in an amount not in excess of $35,000.00, including interest, attorneys' fees, and any other relief this Court deems necessary and appropriate. COUNT II - BREACH OF EXPRESS WARRANTY Plaintiffs v. Katko Inc. 29. Plaintiffs incorporate paragraphs 1 through 28 above as if set forth in full. 30. The Agreement of Sale entered into by Defendant Katko on July 23, 2003, provided a "One Year Builder Warranty". See paragraph 29 of Exhibit "A. " 31. The language provided in the Agreement of Sale fails to elaborate any restrictions on the express warranty. 32. Any ambiguity in the warranty was the result of drafting by Defendant Katko or its agents and the warranty language should be construed as broadly as possible in favor of Plaintiffs. 31 Defendant Katko had a duty to remedy any defects in the home purchased by Plaintiffs for a period of one year from the date of settlement, including the defective flooring conditions described above. 34. Plaintiffs provided notice of the defective flooring to Defendant Katko within the one year period provided in the warranty. 35. Despite Plaintiffs' demands to Defendant Katko, Defendant Katko has refused to remedy the defective flooring conditions. 36. Defendant Katko breached the express warranty by failing to remedy the defective flooring. 37. As a direct and proximate result of the Defendant's breach, Plaintiffs have suffered damages of approximately $8,000.00, plus costs. WHEREFORE, Plaintiffs Scott and Penny Feeser respectfully request that this Honorable Court enter judgment in their favor and against the Defendant Katko Inc., in an amount not in excess of $35,000.00, including interest, attorneys' fees, and any other relief this Court deems necessary and appropriate. COUNT III - FRAUD Plaintiffs v. Katko Inc. and Katkocin 38. Plaintiffs incorporate paragraphs I through 37 as if set forth in full. 39. Defendants Katko and Katkocin represented to Plaintiffs that there were no defects in the hardwood flooring in the home and it was installed in a good and workmanlike manner. 40, Such representations were material to the transaction of purchasing a new home. 41. The representation was made falsely with knowledge of its falsity or recklessness as to whether it was true or false. 42. The Defendants intended to mislead Plaintiffs into relying on their representations, in that the Defendants knew that the defects were hidden by their efforts to conceal the defects with the wood putty. 43. Plaintiffs justifiably relied on the Defendants' representations in that Defendants were in a better position to have known of the condition of the Property. 44. The resulting damages, as more fully stated herein above, were directly and proximately caused by the Plaintiffs' reliance upon the representations of these Defendants. 45. The Plaintiffs' injuries and damages were the result of the gross, wanton recklessness of these Defendants. WHEREFORE, Plaintiffs Scott and Penny Feeser respectfully request that this Honorable Court enter judgment in their favor and against Defendant Katko Inc., and Defendant Katkocin in an amount not in excess of $35,000.00, including interest, costs, attorneys' fees, and any other relief this Court deems necessary and appropriate. COUNT IV- UNFAIR TRADE PRACTICES Plaintiffs v. Katko Inc.. and Katkocin 46. Plaintiffs incorporate paragraphs 1 through 45 above as if set forth in fidl. 47. The Pennsylvania Unfair Trade Practices and Consumer Protection Law, ("UTPCPL"), defines "unfair or deceptive acts or practices," in part as follows: "(4) "Unfair methods of competition" and "unfair or deceptive acts or practices" mean any one or more of the following:... (v) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation or connection that he does not have;... (vii) Representing that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another;... (xiv) Failing to comply with the terms of any written guarantee or warranty given to the buyer at, prior to or after a contract for the purchase of goods or services is made;... (xxi) Engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding." 73 P.S. § 201-2(4)(xiv). 48. The conduct of the Defendants set forth herein above constitutes unfair and deceptive acts or practices and is a violation of the Pennsylvania Unfair Trade Practices Law, 73 P.S. §§ 201-1 et seq. 49. The UTPCPL allows for a private cause of action for any violation of the Act. 73 P.S. § 201-9.2. 50. The UTPCPL allows recovery of treble damages and attorneys fees. Id. 51. As a direct and proximate result of Defendants' unfair or deceptive acts or practices, Plaintiffs were harmed as described herein. WHEREFORE, Plaintiffs Scott and Penny Feeser respectfully request that this Honorable Court enter judgment in their favor and against Defendant Katko Inc., and Defendant Katkocik in an amount not in excess of $35,000.00, including interest, costs, attorneys' fees, treble damages, and any other relief this Court deems necessary and appropriate. COUNT V - NELGLIGENT MISREPRESENTATION Plaintiffs v. Katko Inc. and Katkocin 52. Plaintiffs incorporate paragraphs I through 51 above as if set forth in full. 53. To the extent that Defendants argue that the Agreement does not apply to the quality of installation of the hardwood flooring, as described above, Defendants had a duty of care to the Plaintiffs, as the seller and builder of the Plaintiffs' home, to properly construct the home and install the hardwood flooring in a skillful, careful and workman-like manner. 54. Defendants negligently misrepresented that the hardwood flooring was installed in a skillful, careful and workman-like manner, which was a material fact. 55. As the builder and seller of the Property, Defendants should have known that the flooring was improperly installed. 56. Defendants misrepresented the quality of the hardwood flooring with an intent to induce Plaintiffs to purchase the Property. 57. Plaintiffs justifiably relied on the assertions of Defendants, as Defendants were in a better position to know of the quality of the work. 58. As a direct and proximate cause of the Defendants' misrepresentation, Plaintiffs have suffered damages of approximately $8,000.00, plus costs. WHEREFORE, Plaintiffs Scott and Penny Feeser respectfully requests that this Honorable Court enter judgment in their favor and against Defendant Katko Inc. and Defendant Katkocin, in an amount not in excess of $35,000.00, including interest, costs, attorneys' fees, and any other relief this Court deems necessary and appropriate. Respectfully submitted, CALDWELL & KEARNS Woodburn, Esquire I.D. No. 81786 Ray J. Michalowski, Esquire Attorney I.D. No. 87135 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Dated: 05-234/98078 VERIFICATION I, BRETT M. WOODBURN, ESQUIRE, Attorney for Plaintiffs, Scott Feeser and Penny Feeser, who is authorized to make this Verification on Plaintiffs' behalf, verify that the information contained in the foregoing document is true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. Date: ' /3 /n a- 05-234/98097 - STANDARD AGREEMF,NT•E0RlT41E. SALE OF REAL ESTATE Aell _ i,shmi ,.nur'ndN-n, ILmeetl 1, 1 n,v.,rtme.N by, the rnenhab of nc P, ylea Aose,Inon of by T I Tt1N5n rl`eRl - ?S?F:(( F R?ti 'S3NI 5S RELAI IONS}Ill' N ?'Ii PA LK ENSFD BROKE '_ BROKER0 or pm,l C }?D(Cf n?. -- -?7 u{j 3- _ - IRON- ?'13-Ao&D FAX _-- ?BROKI'.RISM %G NTIOR?fj L.EId De,b,nawd AgeaR,)for Seger of pphcabic ' OR , TRANSACTION I,ICENSEF. }lrukrr is NOT the Agent for SPller and is a/anf 0 AGENTFOR PM E]i Cl f )S-R SBUrSk FSS RE:GA7AA'¢h[III`W77HP.A?t„,,IC,o'}NS ROKFR payx)) ' "-??'4?K _A(-Auz-1`/ ) (Cbl`P`T V! K?J:??QN?? 7DQ BROKER(c T ADDRESS ??.C-Jf1??5?)Y1 '?F3-..?g1?$lA.II)LFAX_ -/O?_ BROKER IS 711E AGENT F( RIYER. Designated Agent(s) for Boyer, if;ppPbcable:_ LBroker is NOT the Agent fof Buyer and is man: 0 AGENT FOR SELLER 0 SURAGENT.FOR SELLER ? TRANSACTION LICENSEE.' Ntihvn the s:une Broker is Agent I,,, Seller and Agent for BuyO, Broker is a Dual Agent All of Broker's licensees are also Lluai Age ax UNLESS t a Designnted ALe n - for Buie r n IS 11.e If the a Li censee s designated fo S II nil Bnyc Ih l Inez Is a Duel Agent par are se theree a r + QR? dated_ is belM'oen 1 HL??)D X'T gpQQ( t . q SEU_F.R(s): - r1?7e 2 3 called"Seller,"and a B U I I R(S):- -56) T 1 5 :walled"Buyer." r 2. PROPERTY (1-98) Seller hereby agrees tosell and ronvey In. Rrgeq who hereby agrees to purchase: a A I,I.'FHA f CE 7AIN Iol r piece of gr and with buildings and improve Lents thereon r ted if any, k -n 1 ?0 s v , i 0 Ia DO C o C_ c,. J -- --- - i -n the_-- J_-- rf-? ?- 40_T1N S 1C, 11 i ( ,atyot 1 ?vvJ. CPA ICS nC)- __ ,(heConn ota'ealth of Pr s)i nia,Zip(oJ fqy)lf2si__ _ tz y - _ y? 1 it nGcntm '{e L Tux ID q Par el !i; Lr t BI rck? DcN Book Pag?e,^Re cor{d?ing Date) ? y? i TERMS (1 02) jS?.fPfo?- Two 16oI ,-E 1 )- I y IA A G' (A) 1'ureh415e Price is - - US. Dollars v which , ill b paid to Nell b, Buyer fell o ra I. Ca h or he -k't ,nn, this lgre m t $ - ?a QL)?._ 2. C hordreek 'th d roofthee anion of the Agreement _- 3. a ( sh uti- of I:h -ktt f. etilcn eat S--rr --s{ - - - TOT11 S -f / ?72 4 (B) Dcpo L Peril on "s..m t of purchase prce to be held by Broker for SOU", e" rider's, sorted here. 2 (C) Sellers orn a,p,,, I t he1114, M.forr _- 2 3_ - - - - - / 25 25 ? ------- ---- -,urb,foo [fol", nail Seger agtce_ (D) Smdeme rt to he on _. -l- n (li) Cony ,- a from Salle alit tx Gy Ica s mple decd of npeciaV wort mry unless otherwue sr t .I here -_ _-__ in ID (1? Pnymcnt of trmrs(cr luxes a ll he Air¢IW equolly tx[wt en 6uver and Seller unless other se r Iul here -?_ - _. _ ao }I (n Anin of. olement d . (rill . tog will be adjusted pr< rata on n daily bas's betwrzn Buy trod ........ fon, ng where apphcable: In..es R (ace information Regudiog Tx Promanim. runs interosl on wongaga assumptions. con lominium (,,,ad homa,wner assodalum fees. ti JJ any: utter mal lur se,cer lees, if any, l gather with any other ficnable municipal service. The charges a,, to be pro-rated for she p,rodb,) sn covered-Salle, will pay up to and including the case of settlement; Buyer will pay for all clays following aettlement, role's othco.voe stated 35 here. _ R d FIX"fURES & PERSONAL PROPERTY (1-00) in (A) INCLUDED m this sale and purchase pri¢ arc on exiving hums peunanemly installed m the Property, free of hens, including plumbing, 39 healing; lighting 6xwres (including chandeliers and ceiling fans); water treatment y,,,m,. pool and spa civn,rnenr, gag, door openers an and oansmitLm television antennas shmbbery, plantings and unpoued veer; any remaining healing and cooking fuels stored on the es _ Property at the Iime of sertlemeot, wall to 'all carpeting d' w cove ,g hard,sare, sl des and b rods built -in air cond'i aner ; built-in i l 42 r a plip ancdlher g nunlcss otherwise slated Also eluded: ./11 (r _) (t ??D? C?x t f ! _rY,C is IP P? r 4< (B) LFASF,D' lams (not oaed by Seller) 'e6 (C) EXCLUDED hxwres and items: 48 5. DATESMNIE IS OF THE ESSENCE (1-02) 49 (A) The said dare for settlement and all other days and rimes referred to for the performance of any of the nbligntions of this Agreement are 50 agreed to be cu the essence of tires Agreement and ore binding. 51 (B) For the purposes of this Agreement number of days wd[ the counted frow the date of es,ei o , by excluding the day this Agreement was 52 uxecuteit lard inclading the last day of the time period. 53 (C) The date of settlement is not extended by any other provision of this Ageement and may only be extended by anntuei written agreement of 5a the parties 55 (D) Certain time periods we preprinted in this Agreement as a convenience I(I the Bayer and Seller Any pre.prmted sine perinds we negotiable 55 and may he changed by string out the pre-printed text and inserting a different time period accephible to all parties- 57 ll l 5 K S I i i 5a er n a -2 Page 1 of 9 e t s:. Buyer luid.NS: Ar * . perM5yVio 158 AlDOCiatiOO t>f COP) RIGHT PENNSYLVANIA ASOCIATIO AM.Nir 1. ® mro? REALTORS A ..u,w , , l t so 6. MORTGAGE ('ON 'I ING EN( 'V (1-02) - - . . -, w 6i 6x ? W 17t 112 IT, see i. NOT asnm 6 n t mortgag hint rig 17[(H.D ?Z9z? 38,')0S - X 61 -62 6 fA) Il 1 nnng r I. B s 1 wngay I nee gafol w.- xfi IQ ? 14 / 63 4 V t 1( '. n h F 0 1. M u r > n, "in 15 66 i IAIx f 1gg 67 , 11111 1 h Bnyf raj t s lam. iti Rl [loci 1 rate a may Be committed by the mortgage lend,,, not w sl fib If Wvna It rr:n f ?._(E, 69 5 D,, oran 1 1 lo.ne or 1. - loan 11, ' o t and cihc ( s charged b? the header a 1 «enmgc of the mortgage loan (1.1h dame 69 M 1111 ongngs mu I pen u n VA F ndl l 111) rot to exceed __ ` -9 (W it a,t spa I ed) of Its, mortgage toan_ to n The mu n,I a, and lees proruinru .....heel by Buyer it sausfwd if is mortgage, lender makes available to Buyer the right to guarantee an tt 72 hderest are at or Mow the Maximum Im,est Rare "i,'ificd her in with (he {renxhets' fees at or below.tlsw , mount specified herein. Buyer, n 73 gives Sella the nj'u. at Seller s sole option and as pcmalned by the mongage tender and apph"I'le Taws, to connibme finatdally. without 73 74 pr io of mimbu . t 1 the B N then cg ge k der m make rite .hove to available t Buyer_ 14 75 (B) WIN,, fC)- DAYV ( 10 d-ys if not sl,c fiW) of 16c u - ,rat s a of this Agreement Buyer wit take a completed , wm,m mortgage application 71 76 for it. mongage in. ,ei ified above to a .c,ponsible mortgage lender. The Broker for Buyer, deny, otherwise the Broker for Seller, is 76 77 1pr fur the ps'- A assisting in the mortgage loan precuts. authudred in rn....mean, with tine inn g e Iem R 7a // (C) I. Mortgage eommitm,nt date / -q/C) _ - if a written commitment is not received by Scher by the above date, Buyer 78 79 and Sullen agree in extend the mortgage i ntmninner( data until SelRraerminales this Agrip men4 in writinghy notice to Buyer: 79 -66 Upl, rccenpt of a mortgage commitment, Iluycr will promptly deliver a ropy of the comnirnew to Seller. as e1 3 Seller has the obtain 1. terminate Nis Agreement in writing, after the mortgage commitment date if the mortgage cnormimtent 0, ez Is not valid untl the date of wnlaneol OR '82 63. h. Is conditioned upon the sale and settlement of any other property, OR m in c_ Contains any other ,ondltam not soec,fied in this Agreement that I, am satisfied mdle, removed +a writing by the mongage lender 84 as within _ 7 DAYS if,,, It, mortgage cornmbment date in paragraph 6 (C) (1)_ es as 4_ B this Agreement is mumn,1,d as specified in paragraphs 6(C).(gor(3), or thc bona gage loanus nee ,her red for Itilemem. all deposit monies 66 to paid tin iceman of purchase puce will lc returned Io Buyer_ Buyer will be responsible for. any premiums for mechanics lien insurance amNor m ee tide search. on too for cancellation of same, it any: AND/OR any premiums for flood insurance, mine subsidence insurance author fueinsur- '.bar as ance with extended roverage_ ,, caac,llaoan fee, if awy: AND/OR any a,aaraixal fees and charges paid is advance no the mortgage )ender a9 In (D) If the mongage lender requires rupai" to the Property, Buyer will, upon ,a,eipt, deliver a copy of the mortgage lender's requirements to Seller. eo 91 Seller will, widrin s DAYS of receipt of the mortgage lender's requirements, tabby Buyerwhemer Seller-will make Ne Te4uhiiv}repaus. 91 92 al Sellcfs expemc. . 97 93 1 it Seller churn's to mark, the required repass. Be,,,, will accept me property mad agree uOhe RELEASE set funk in paragraph 25o1fthis 93 94 11 1 'Agrremaa_ ., 94 95 +. If Seller chw.: not t0 ..nark, the remm d repo rs or il'Seller fads (o rC9barred :w thin the first given. Boya,.ill. within DAYS, 95 96 notify Seller in wining of Buyer f choice to lemaicar, this Agreement OR make- the nom--M repairs at Buyet's experase and with Shcet', % n pemdssion, whidh will ant b, unrcaonahly withheld. If Seller domes Buyer permission to make the required repairs. Buyer truly, within 97 96 -- 5 DAYS of Seller's denial, terminate this Agreement, it saInch caw all deposit vromes paid on account cf purchase poet will be " 99 raunnuija1,, dy to, Buy ca and Iris Agrccmcm .1)1 be VOID_ 99 tare (1) erA,dd - too cot NOT APPLI('AW E It, tare ? APPLICABLE Serer I'll Ic,, ., 102 toy ? S m...cocar. toward Buyer's mots a peunimed by the nlortgege lend,, raw it, ? m4 tars FIIA/VA, IE APPLICABLE ins 106 O7 It -s cap ried, agreed d v t notes dnr riding arty other Dovc, ore of this content, Be", will not be obli,c.d m complete the pt.. hase of the 106 197 Property dewnbed h cis or to .,or any pcnNty be hif inere of eanaeg money deposits or otherwise 1 Tess Buyer Ines been given in asa or-. 107 fns dinnerith IItD/FHA or VA u,;mo,menta, a written satement by the Federal Housng Cmumellionea, Veterans Administration, or is Direct tog 709 Endorsement Lender suing inch the appraised value of the Property of not less than $ (the dollar amount to be 10 no rawred ii on, sale, pn¢ is slated - U s Agrecmem)_ Boyer will base the privilege and option of pnaceeding with consummation of the can 110 flee tact without bgsod to the amount of the appraised valuation. The appraised velanoon is arrived m to determine the maximum mongage the lot n2 Department of Housing and ITuban De lop neat will inane HUD does nee warrant the value nor the condition of the Property. Buyer should 112 113 oartfy 18mselfllurself that Be price and',m niou of the Puppetry are'e"Inahle_ ` 113 ll4 Warning: Section 1010 of Tale IS, U.S.C., ISplmment of Housing and Urban Development and Federal Ilousfng Administration ?4 ns 'fransactinns, provides, "Whoever for he purpose of .influencing in any way the xtioa of such Dtpzrtmem, makes, pusses, tin", el Verb 115 116 tithes any statement knowing the sank to he false shall ht tined index this Ftle or unpri,meal not more than two years, or both" 116 aO (G) U.S. INparlment of Housing and Urban Devdppnrent (HUD) NOTICE TO PURCHASERS: Buyer's AcknawledgemRnt, 117 na El Bays has received the fit D Notice, Fur YotRrMuseum, Get a Home Inspection" (see Notices and Information on Property Condition nee 119 Insp,lions)_ Baryer understands the importance cif goung an independent home impechon and has lhna.,ht above this before signing this 119 120 Agrecment_ In 12i Buyer's Initials__ Data tat 122 (H) Certifiutinn We the undersigned, Shced,) and Buyer(s) party to this transaction each certify that the terms of this contract for purchase are tII 123 tine 1o me ben of our knowledge and belief, and that any other agreement entered into by any of these parties in connection with this blame. 129 121 bear it crowned to this Agreenwin 124 125 7_ INSPECTIONS (1-02) 125 126 (A) Seller agrees In permit inspections by authooxd appraisers, reputable croppers, insurer's repm,cral lies, survey-ors, municipal officials and/or 126 177 Buyer as may be required by the mongage lender, if any, or lnsunng agencies. Seller further agrees to permit any other inspections required by its tea or provided for in the terms of this Agreement_ Buyer has the right to attend all inspections. 128 129 (R) Buyer reserves the right to make a pre-setaemint walk-through inspection of the Property. Buyer's near to snake this inspecron is not waived in Tat by any other provision of this Agreement. - loo 131 (C) Seller will have heating and all utilities (including fuel(s)) on for the inspecume,_ - 431 tax (D) All inspector, including home inspectors, are authon ed by Buyer to provide a copy of any reports re Baker for Buy, 422 nee 8. PROPERTY INSPECTION CONTINGENCY (1-02) in t34 en previsions of Nis Agreement may provide for inspec6ans era la r certifications that are not wai,M or altered by Buye... lection here. 134 13s WAIVED_ Buyer understands that Buyer has the option to request inspections of the Property (see Pr),city Inspection Notices and y 135 us E.vironmemml Notice,)_ BUYER WAIVES 'I'HIS OPTION and agrees to the RELEASE set Inch in paragraph 25 of this Agreement 136 137 ? ELECTED 1m rte (A) Within _ DAYS (15 days if not spwifi,d) of the execulion of this Agreement, Buyer, l t Buyer's expense, may choose to have inspec- Pe 139 bons and/or cenifictmi., completed by Incensed or otherwise qualified professionals (sec Propeny Inspeciou Notices and Environmental in 144 Nb ic6). This contingency does not apply to the following existing conditions and/or items= 140 tot 141 142 (B) Should Rryer Ilea mhave ahomcinspection of the Property,udeFsreA in the Penasylrania Homelnsputinn Lnw,(see lnfortnation Regarthng 142 113 the Home )aspect iun Law) rich home inspection shall be, performed by a PoII member in good standing of a national home inspection assort- 143 144 acme, or by a person supervised by a full member of a national home inspection association, in accordance with the ethical standards and code "I let of conduct or practice of that association 145 146 Buyer lannibn_-? A(S-2K Page 2of8 Seller Initial': 146 1147 (C) If f o er is nor =an: fed Mdt the condition bfrth, Property its%SUfed in our, >vnuec ttSmrt, 1"w" wile N7 tae ? Option,. Within the lime gi"itfortornpleting inspections: roe i 41. 1 AcrepuhePtop,ty ,,It da nfomiar, it alr<I Ih repoo(,)In l is, ,Il,.Rf-II 11Lxt-nN,N 1- auraph 25 of this Agrermcnr,OR my 159 2 TlnnlmroIII, Agr.. nun imwrifng l), nut?ch Sell r, m w hich .'..Ildepnsttmt.. I. a3ol ac mrofpmchase are, will he ren4ned ls, 1st ptompdy to Boyer ,It ah, Agrcunun wll 1,%I di), OR W 157 3 Enter into a rum a lly xeptahl . r n . ague' a nn i, SNlu ,I 1).Io1 al.. np«n con to NB Popery and/or any credit 152 t5j 1 Bova at ,,ul,not it, a may tiro rcI ptlhle u th, nor t} 1gc tall d any. - 153 154 S-haaldI donstori dar nmally ptab c:ig .... aItmhBun 1 ho.urto ¢ltt el ropmly ,I le'Ine", l A¢.. nlu wnhln IS, us the time given for rn.npleeng hill. O ors and I..rrdbip m the Pnslsmns In purapmph h(() (opti)n I ) I and 2. 15s IS, ? Option L Within the time given torrent filching Inflection,: e,6 1127 1. Accept hr P1,101 widrdle I..fal" ulon seuYS the I,,, ',a) : d - fur or the lit I I ASI'scl forth r ,aa,n ph 25 of this Aoc,rucuh IV Isry_..- UNIA SS thetrl'v m. conenlc -,Idiwnu '-.toned r, h, p t4i s too.. 0lsn $ _-. rse toe. 2 If the total ,,I t roct taw .. It ....... cant: c t in dm repnn(,) I Y( I I Do it fount x1111,( 1 " 1 panagr-aph ri(C) lOption 2) 1, s9 Ita Ruyer will deliver the rclwrt(d to Shcer within the tune given for i...... ml. - oV 161 a. Seller will, wuhar 7 DAPS of 111"Iing the 11toldIi, mfoml Boyer it, writing of Seller's dunce m: 161 162 l t) Mel" "P"" 1efine"I11- neat se, that fe into ...... g . t r. -1. rond.iens IM1incd n the report(s) Is Ic s than on equal in 162 169 the amount sl>rcified i,, paragraph S (C) (Option 21 1 167 1w (2) Credit Buys If sdil ncor for the difference hrhveeb the "an"I'd my V(,¢pul.. ng the condi» ono'nuan edla the,'pon(s) 164 165 and the unounl specified In paragmph A (1 ) ((fison 2) 1. This npllon nnvalx acce itable,, the aturi g1, lender; If,., 165 166 (3) Not nakerepan, and toot credit Buyc a(. .ul'ment to r ... air :mdn'.r, contained athe reports). 166 1st b IP Seller choose, ro make repa rs or credit Ruyer at sctlen t ;11 npecieed in paragmph 8 (C) (Option 2) 2, Buyer will ace pt the 167 1m Property and agree 1o Or, RELEASE shfi al a paragmph 2S of this Agreement. - 168 169 c - If Seller choases nut to make repair, ant + t w credo Buye u t'W"nem, on if Sellers falls to choose any option within the time -169 170 given. Buyer will, within - -L- DAYS'. y 110 171 - (I) Accept the property with the infn-rution os M in thr p or (s) and agree 1o the RELEASE set forth o, paragraph 25 of this 17, IR - Agreement OR 172 Dy -, - - (2) luni hate this Agreement in writing by notice In sifter, 1111, a,, all &P osit monies Pid r n ascot n1 of purchase price will 173 174 be nemmed promp6y to Ruyer and this Agreemev wit) r,, 011) Ill 175 9. WOOD INFESTATION INSPECT' ION CONTINGENCY' (1-02) 175 176 ? WAIVED. Boyerundusmnds that Buyer has the option to request that the NoSkny be msm'u'd for ""A infn"r r,b a r"I'b'd Pest Control in, 17 ()Ill(,,, BUYIX 1YAt VL,IU,UP11UNanda(Qrees10111,ELIIAMn,, f orth m paragraph I' et Ih5 Agrlrmenl. 1P 178 ELECTED (??! l? /rP (rl//r? !X 178 U9 (A) Within _ Q DAY, (15 days door specifed) o tire cdeconon of his Agrennen[ ll ayer at Bayer's ex pane, will obtain a Attica "Wood- 119 lea Destroying Insect Infe,lanor and ection Report' fronta I- rhsed Pest Conocl Operumr and will dcliven II and all suppnning docurrins surd 180 16, drawings-provided by the Pesl Comrol Opeawr to SCllea.'(hc o,,,j is fo he mad¢ saliYfaeory to and Vn conripl'umce+nuh applicable laws. neon-' al lei - gage lenders, tuldlo, Federal In01ring and Grilan,,t g Agency rey e rents. 11 any, the. inspection y ill Inchode all e d11b vidhle and 182 199' - ac es Bible I,,,, of II uvcta,,, on the Pro"" except d following _1 t os,'hide ll tool he inxper led _ ta'+ ta0 IaA 195 (B) If 1117 rlSpeCllon !t "Ah c1-dence of 'I"' ubestatm (S) Sche . (,rPFS m Seller, e,, 1 C, aid D ftn, .etdern,in, to tt tt for aelvl, nfesta- 185 186 son(s), in acco,hvu,, xdh -applicable laws. - his 167 - (C)'Iflhe-speaion arragcfir ot ai.e ingi als..(s)ur r ,,our; f,.,r, (s), Buye,, I, buyer's e,rpenlx has the option to oblain awn, e7 lag 'b a pool s' I I t to h .,,e . pc Y n 21,, o ruru? 'rural k that -. Ion ted to rrwcm of dm get she P ryenv caused ` I Iss 199 - bywood-A1, uoying k,artivn6 and pr pusalmrepa Ihedancge_B ..1l deli, cr the runs, Oml dam-, pan.ual rod ( 1,p paIf io i8e 190 Seller within "I- DAYS of ddivering' the original inspection mpor. - I9) 191 (D)Withm_S._DAYS '.(eceiving the rovudurai damage relnun 'and cc I., I proposal Seller wi l l advie B." r'fretI"SIler',H repair, at 191 192 'Sellers expense and before seal'or any structural da a ge'f.oa1 act or ) relirnu mksut,n,(s)_ 191 193 (E) ' If Seller cboosea to ,p,, muc nral da,n,,c revea ,d by the report, B. aps,, to steeps the P,,i is peed and ogre's to the RELEASE 193 IN so forth in paragraph 25 of this Agreement- 11 IN 195 (F) If Seller chooscaalot to repair stmcmral damage revealyd try the report nr fail, to respond within the time I, on, Buyer, osolon _?. DAYS, 195 1% will nosify Seller a wining of Buyer, drat' m. "0 1196 197 1. Accept the Plolxny with the defers rcveNed by the asp rlu n. w\ho11 ahamn 1,1 t if pr cc, and ag re to the RELL ASE set fonh in Para 197 196 graph 2S of this Aereemont, OR lIs 199 2. =Makethe rep:-.-Icfore seulune I. if required by the monga2c le 1 , I ,mBay,,s pins rod "1111 Sellers llirr i,ann, w hichill 195 mo out he unream.. 61, ,vuhladd, in which vase Buyc, accepts the Pno,,ny and agrres to the RELEASE set fonh Ia paragraph 25 of this 20 IN Agreement If Seller detdes R) r pcfmisscon to make the repa :. Buyer may, -abin _j DAYS of Seller's denual, ' (ennit,re his 201 2L2 - Agreement in Ymg, in which ease all deposit onnos paid ou amt of purl hr- o'p ice hill be rear , d pro np11y In Be,,, and this m2 203 Agre.on,ul rll he VOID, OR 205 IN 3. Terminal, this Agrcemeol.which case all deposit ounce's paid on u,ioanl of purchntie price will Ix returned promp ly b, Buyer and ,2o-+ gas D this A......... l all be VOID- 208 2% 10. RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION A(T NOTICE REQUIRED FOR PROP'ER'TIES .206 2W UI BEFORE 19]8(1-02) 207 206 NUT APPLICABLE 208 2N APPLICABLE 299 211 (A) Seller reprewnes that Seller has no know)edge con,conat the presence of Iead.hased limits ansllor 1,4based p,run hazards in or yhout the 210 211 property, unless checked below. ' 211 212 ? Seller has Wlowledgc of the presence of lead-based paint and/or leadbased palnnharands incrabout the Pon ny. (Provide the luons for o2 ma demrtnining dial leadrated in, and/or 1u lr h ex s( the 111suan(s), the condition of she painter aefacq and oth r mlable inforrna 213 214 tier cN,enb g-Seller's knowledge of the presence of lead hased pain) and/or [,adbased paint hazards.) 214 275 its 216 (B) Remrd?(t"OV Seller has no reports orreconlg pcnalmng to lead based paint anpo, [,ad lened print bduds in or about d, Nmped, ,216 217 unless checked l au,,, .. o 2n alb ? Seller has provided Buyer with LI available retards and rep,,sapanuc ng to lead -based punt and/or lead based paint hazards in or, about - tie 219 die Properly. (List doenmenu) 219 220. - -.. :1220 m (? Buyers AcknowledgemenC Buyer Has received the panlp)llel Proreq Your Fanldy from-LraQ in-Yon, Home aniphns read the.Eead WansngR : e,1 in Statement contained m this AgRemant (sec Emuonmamal Notices). Buyer has reviewed Seller's disclosure of known Icad bagged paiptmd/or 221 275 `Mead based pain, hazards, as ideradi it m paragraph' io(A) and has rice ved the records and reports Renaming to leadbased paint super lead " -223 e,4 - _ based'yaint hai..us dent fiM in Paingrnph 10(B)' - ,. -. •, ... - r 221 225 Buyer's Glitials Date _ 225 226 (D) RISK ASSFSSMENTANSPECTION:.BuyerocknmvledgestbalbeforeBuy,,o,d,hgaledtohoya resldcntialdwelhng built "'fore 19"18, Buyer 216 m ?p DAYS o conduct a rusk assessment or impution of the Progeny for N1, presence oC leadbased pain, alullos lead based ptins "surds ut zee WAIVER Buyc, understands shat Buyer has the, right m condoel a rusk assessmcnr or inspedaimt of the Property to determine the presence of 229 229 lead-based paint anNOr lead-based paint hoards. BUYER WAIVES TIBS RIGHT and agrees to the RELEASE set forth in paragraph 25 of 229 Zan this Agreeme'r - 230 231 ? ELECTED 231 232 1: Buyer, at Buyer's expense, ellwvs ro chain a rusk assessment and/or rospecson of the Properly for leadbascd paint and/or leanbased 232 233 paint hazards The risk assessment and/or inspection will be completed within -j-T_ DAYS I,(the execution of I, reement. 2n 2N Buyer Initials: _ \? A/S-2K Page 3 M 8 Se8¢r Lnitials: IN 2 Within the time set forth above for obtaining, the risk asol ormot andfoo 5nspecfou if the Thnperr, fill had-11-1,1 palm now'.' m lead-based Point hmarda, Boyer mar left... to Se14r a w inn I'll If Ile ye If, hmar f. cr r lit ...... ..d In iho n1 -cod those n6 coranions reluested.fiy Buye[ Mou, ,In I copy of d ask assee.m t b m nslxu n npott. . D7 .,:9_ -Sell,, ou" wifiin_ 3 DAVS of'm, a, do, fist and I. pnr(s), at Ta wnucn'coo t-yPn.I vela Poll, r lT. coin cti rln. o,rI 2311 ,. wilt include, burnotfx In aul to the raueofthen d mou"n11.:. A o projand crnpitpot d.a ft rnaCt t rns5rller u9 . will pmdde "ith i (,(,at a risk a¢c". ... Lcpe entkx "aed ar, alias ha.r v"', .arisf'mwrity ' npi t I on r r.h fore the 210 ,...... prgeend completion date 2a1 4. Ulwn receiving the corrutn'c pr,o,,I. Be,,,, olden _ 5 DAYS, wdl 22 _ Accept the c or"now, proposal slid the Ro,,,I} t u tg_' lid ap¢e m the RELEASE. t fonh m per' fr fh S of Tfu u 1e , ea,nt.OR a 211 to Temnnam the \g eat in w fog. ,I which rase dl dgarsa n o i s paid cu a: - t at p rdn.e "u 'e will lit- net n A ..romp 1, Zan ro Buyuri end this Agmcmcm .,If be Wd, gas 5_ Should Seller fad to submit o wrkwn rorrta,lou pmpwal within it, time set forth in p:uagrnph I)(Ul i of Tho. Agnrmcm. Blpec 216 within 5 _ DAYS, will, - 21, ., a Accept the Property tit wining and afire to the RELEASE set form ,I paragraph 2. of firs Apm..ncnt, OR 24a L denlmute this Agreevent in writing In which 'a" all d"aetfmr pod on acs sun, f pun Ir se price 1411 Ire retuned pit mpfy 219 Io Buyer and th, Agreemea will I, VOID 250 h. Buyer's (agar- to exercise any of Bayer's opitons within the time limits si oubl d in this paragraph will constitute a WAIVER of 25, . ? this contingency and Butte accepts the Property and agteea to the RELEASE tieI fond, in paragraph 25 of this Agreament. ,v (E) Cerri6cadiou By signing this Agreement, Buyer. and Seller nlfy dm acv cy of their rot Yee cmtereems, to the best of tl it knowledge 253 II. STATUS OF RADON (1-02) 2S (A) Seller repreants that Seller has no knowledge conceming the pre. once ,, absence of radon umesschmked Ixlow_ 251 ? L Seller has knowledge that the Property was tested on the dates by the methods (e charcoal canine., alpha track, en.). and with 256 the results of At WO indicated txtow_ 257 DATE TYPE. OF LEST RESULTS (picocuries/Iluu or working )ads) - 2ss 260 - COPIES OF ALL AVAILABLE TEST REPORTS will bed6,1nodl to . Buyer. wuh d ra Agr,etnan SELLER DOES NOT WAR- 261 RANT F.MiER THE METHODS OR RESULTS OF HE TESTS. 262 ? 2. Seller has knowledge that the Property underwent radon reduction measums on the day(s) and by the.ethod(s) udtcated below. 7O DATE RADON RE.DIICTION METHOD 2s, 261 N INSPECTION CONTINGENCY 267 WAIVED $uyer wdemand that Buye has the ophnn mreyuest fmuhc P oprny be ",..cued t -don by accM1Sed nnspeq x (se Cannon- 16, . mental Nobecs;Radon). BUYER WAIVES THIS OPTION and agrees m the Rf I EASE set f th'n paragraph 25 of tho Age 1 t 2s9 ? ELECTED, Buyer, at Buyer's expense, has the option to chump, Imm a certifi d nnspeeme a radon test of the Property, and will deliver a copy no of the test report m Seller within DAYS (15 days if not specified) of the, econon of if... Agreement (See EnNmmne,eA Notices. .71 Radon) 71 1. If me lastreporl recoils the pr,cnec of radon below 0.02 working ]wake (4 p......ea/Iher). Bufu, a1f,po, the Pmpeny and -agrees in the 1,3 - RELEASE. set fora in paragraph 25 of this ADeemem_ 274 2. B the lot report recent, it e.......lice of radon at or eI,uedmg 002 worlong levels If pi,ocu n, liter), Buyer will, within _7 _ DAPS 215 of receipt of the test results- ' - It ? option I 7T7 Accept the Property at Iming and agree an the RELEASE set fonh in paragraph 25 of this Agreement OR 271 to Term matelhrs Agreemea In wining. in which case all deposit comm" paid oo.......... f h:,, price will be remmeA promptly to Buyer 2.9 and tlds Agreement will be VOID. OR In) a Submnt a written, corrective po.,sal to Seller The corrective pwpo',d ,It include, but not he limited tit, die name of the cenihed mitt 281 gallon company; provisions for payment, including retests; and a projected complu non date for corrective meastuee. 1 282 t (U Wifdn_DAYS ofr.celvingthe corrective proposal. Seller will. no 1 (a) Agree In the corms of the corrective proposal in venting. ,, which case B....I accepts the Property and agrees m the No ... )1;; RELEASE sea fonh in paragraph 25 of this Ayrecment OR 28s Fl Not ago, to the teens of dw corrective proposal, 216 (2) Slmuld Seller not agree to fie term, 41he conanve proposal m T Seller fail, to respond within the time peen, Boyer wIlL wAlou 287 t S DAYScWect to: - 26s 1 (a) Acceptfle Pmfserty in venting and age. to the RELEASE set fonh m pai3gtaph 25 of this ARrecment OR 289 1. (b) Terminate this Agreement in woong. in which case all deport monies paid on account of purchase price will lx reamed 290 f promptly to Buyer and this Agreement will be VOID- 221 _ ? Option 2,,... 292 1 a. Accept the Property in writ ng and agree to the RELEASE set forth in paragraph 25 of this AgnecreenC OR . 23 t b_ Submit a written, wrrective proposal to Seller. The correcive proposal wall include, but not be limited to the name of the cendard rani- 19, IcAmn company; pmcisons for payment. incuding retests: and a projected completion date for collective measvres_ Seller will pay a max- 295 Imo. of $ toward the cowl cost of remaliation and retests, which will be completed by settlement. i 296 s 7 (1) If the total cost of "mediation and retests EXCEEDS the amount specified in paragraph I I(B) (Option 2) b. Seller will, within 291 1 _5 DAYS ofreceipt of Of, cwt of wor.dna( ion, notify Buye, in writing of Sep,, , choice to 291 9 (a) Pay for the total cost of remedianon and retests, in which case Be,,, accepts the Property and agrees to the RELEASE set forth 299 o in paragraph 25 of this Agreement OR are I (b) Conei toward the mull cost of m.cdtation and retests only the amount specified in paragraph I I(B) (Option 2) b_ ant 2 - (2) If Seller ch saacS not m pay for the total cost of u mad unman and retests, or if Seller fails to choose eidter option within the time 302 3 given, Buyer will. wAun-s_ DAYS, notify Selicr'm wmtng of Buyer's choice to _ 303 4 (a) Pay the difference between Seller's cewribruoa tw nowdiaiow and ref,,L and the actual cost thence[ in which case 304 5 Buyer accepts the Properly and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR 36 6 (b) Temdnate this Agreement, in which case all deposit monies paid on account of pencWw pace off be remmcd promptly nos 7 to Buyer and ids Agreement will be VOID- n07 e 12. STATUSOFWATE4(1-02) r - 301 exnts That the Property is served by: - 9 (A) Sol r m 309 li o Public Water I On-site Water 3 1 rat 2 ? Community Water 312 3 ? None 313 4 ? 314 k?K s WATER SERVICE INSPECTION CONTINGENCY its 6 WAIVED. Buyer acknowledges that Buyer has the option to request an inspection of the water scrcnce for the Property- BUYER WAIVES 316 7 TTHS OPTION and agrees to the RELEASE sot fonh in paragraph 25 of this Agreement 317 a ? ELECTED 318 9 I. Boyer has the option, within ___DAYS (15day, ifnot specified) ofthe exceamon ofthis Agreement and at Buyers expense,todebcer 319 'a to Seller a written inspiwtu n report by a quarSerf, profes,ionat wad testing company of In, faalily andlor quantity of the water service. in 1 v 3x1 2 Buyer Initials: _, A7S-2K Page 4 of 8 Seller lnitiats: 322 323 2 Seller as"ers to locate and prom aces. to thmorv 1 dui ndiviJ l), °1e svssti if applicable, at Seller's expense if r,q...UM1by the 333 324 inspection coal' my. Seller also ago es w restore the IN tpetty, at Seller s eapense, "nor to settlement ate 325 3- If the report ac ral, that .dte water ..-rice dces.not n at the a...u1 gm lmndardsof any npplicablg go, m nr real author(" Indio r faik to 325 326 satisfy the req. r s for quad 1 and/or'Dawn} et by tlternon rig I' ad" If al" the. Seiler ill, widtin ] DAYS of receipt of 326 32£' the ,,pint: norefv Boy,, in firung of Seller's Act" t a _ , .... 327 323 a. Upgrade this wan" "n,e"to the ianamulr octtpt lh, keels. lift,, riot mtwt r hich'scha'r a,, opt. the Property and.grees 323 in - - to dm RELEASE set fond is paragraph 25 of this Agiremalt OR 329 330 b. - Not upgrade the wutee "'I"- In An - 4. If Seller choose: not to .";,tars. itI ..,,nice to nu im.1r actpe hie Ic els it fails to respond wnhit B t time given B1 sot will, within 331 t,2 5 DAYS, either 332 333 u. Aacept the f rop,,ty and the water....... and, if mgm4cd by the mongage lender, A any, anNot tiny governmental awhority.."gars, 333 33e : r hhe walm s"ke, bed ie 'itlem,at or wnhit thew,, required by. the mortgage 1aedeb d any. aedlot any govemmeutal a ithonty, at 334 335 'Buyersexports, andwithS,lletipermissica. whieh w ill not heumeasonablywithhold, and agree w the RE6BASF. set forth in Pnta- 335 336' graph 25 ofthi- Agreement. If Seller denies Buyer penni'ace m upgrade tire Hater service, Ruvcr may, within DAYS of tab 337 Sellers denial: terminate this Armament in. writing in which case all deposit amm,sya rd o a, courts of no ham p.,, - 11 be 31, 338 retained promptly by Buyer and it,,, Agreement wily be: VOID, OR 333 339 34D 345 342 3x 344 3a5 346 MT 14 b9 350 ' 351 352 35) 354 355 356 352 35a 359 he 351 362 363 364 365 3% 36) 368 369 370 371 372 371 3)4 R5 376 379 370 3M 380 3e1 382 363 A4 31 W 387 388 389 3"m Mt 392 393 394 395 3% b'.. Temdnate this Agreement in writing, in which case ill deposit monies paidou account of purchase pace will be rammed promptly 339 to Buyer and this Agreement will lx VOID- 340 I3:'. STATUS OE SEWER (1 A2)- 341 .(A). cfcpc'sym,,fhaZ1hcpm"y"cn cdhy ?? ? -- 112 d Public Sew... 3U ? Individual 0. lot Sewage Deposal Syntcm(See Sewage Notice l) 344 ? Individual 0.lot Sewage Disposal System in Pooumay to Weli (See Sovage Notice 1 see Sewage Noucc 4 if apphcabhe) 345 ?' - CdnwhnitySewage Disposal System - - ,. ? - Ten-acre Prre i F crepuon (See Sewage burro, 2) 341 ? Holding Tank (See. Sevege Notice 3) 340 ? None tSee Sewage Notice d)- .9 '? 'One AvlablPcnrt Limtaons in Effect (See Sewage Nonce 5) 350 ? 351 &y1NDIVIIIDALON,LOTSEWAGE DISPOSAL INSPECTION CONTINGENCY _ '"-352 r{"?I WAIVED. Buyer adirtowledges that 8vyerhas theopnon 4orequestan mdtvtdaalnnaot cewuge dvspnsal inspection of the Aopeny. BUYER 353 WANPS THIS OPTION and'. agrees to the RELEASE set forth at paragraph 25 oFthis Agreement ;".. 354 ?' ELECTED - ass 1. Buyer has the option, widtin DAYS (15 days if not specified) of the execution of this Agreement a6d at Buyer's espeme, to 356 deliver to Seller a written inspection rcpon by a quahfred, professional Inspector of the individual it I., sewage disposal system. 3se 2. Seller, at Seller's expense, agrees, if and as required by the inspection company, to locate, provide access to and empty the individual on- 350 lot sewage disposal system. Seiler uko agrees to restore the Property, at Seller's cxppns,, prcx to soutem'ar 359 _ 3. If the ropen reveals defects that do not require exp.nson or replacement of the existing sewage disposal system, Seller will, within 30 _-7.-DAYS of receipt of tie reppn, notify Buyer in writing of Seller's choice to 36t a. Coact the defects before settlemcm, including retests, at Scllei s expense, in which case Buyer accepts the i'mpeny and agrees to 362 the RELEASE set forth tit paragraph 2S of this Agreement, OR 363 b- Nay correct the defects. 364 - 4. If SeBeechoo,ey not 16 comet the def 'ts T S II r failsio respond within the h e given, Bay 311 1M t 5 DAYS c the,. 365 a. Accept the Property and the tyre m d T rem - ed by the mortgage lender, -[ n and/or tiny g n t- I elimiry, correct the 966 defect, before senlement or within d e tine required by the mongage lead,,, if any, and/or an; go,r mental authority, at Bay,, s 369 sate expense and with Seller's permission, which will not be unreasonably withheld, and sere, to the RELEASE set forth in pea- 368 graph 25 of this Agreement If Seller denies Buyer piamissou to correct the defects. Buyer may, widtin ?s DAYS of Seller's 369 denial terminate this Agreement in wooing, tit which use all deposit monies paid on account of p...he e prim will be returned 3m promptly to Buyer and this Agreement will be VOID, OR 321 b_ Terminate this Agreement in writing, an which case ail deposit monies) paid on amount of pmcha5e price will be rammed 3n promptly in Buyer and this Agreement will be VOID. 313 5. Ifthe report reveals the need to expand or replace the rsisting individual on-lot sewage disixsalsann.5'eller may. within _25 _DAYS 324 of receipt of the repoq srhout a "Imer ve proimsal to Buyer The corrective pnposal will include, bin not be limited to, tee name of the 315 movolmtion company: provisions for payment including retests; and a pr q Vd comphetion ]ate for tatnecuve mDa,mrs. Within 316 _ 5 DAYS of receiving Seller', corrective pmpasal, or if no recremime proposal is received within the time given. Buyer will. 3n a- Agree to the terms ofte, correctivep,ofpoal, ifany,itwena,mwInch ca,,Bay,,a,,,is lM Pnfcm, and agrees tothe RELEASE 373 set foM in paragraph 25 of Nis Agreement, OR 11 335 b- Accept the Properly and the system and. if required by the mortgage lender, if any, and/or any governmental authority, corect the sea mortgage lende, if any, and/or Day govemrawadal i mth.Wy, at Buyer's defects before intu'reent or Wwum she once required by the. Set , sole expense and with Seller's peremsom, which will not be unreasonably widtheld, and agree to the RELEASE set forth in par.- 382 graph 25 of this Agreement If Seller denies Buyer pereasSiow to correct the defects, Buyer may, widen 5 - DAYS of Seller's 383 denial, terminate this Agreement in wmiug, in which case all deposit emorms paid on account of pm,hnsa pace will be reamed na promptly to Buyer and this Agreement will by VOID. OR sits c. Terminate this 45greemere in wrung. in which case all deposit monies paid on account of purchase pace ill fewmed pmagdy 3es to Buyer and the Agreement will be VOID . 387 14. NOTICES, ASSESSMF,NTS & CERTIFICATFS OF' OCCUPAN" (/-02) 368 (A) Seller represents, as ofSeller's execution o(?is Agreement that a. public impuemonrt,condmniman.or homeou net association assessments 389 have teem made against the Property which reran unpaid, and that no notice by any government or public Delbomy has been served upon 390 Seller or anyone oa Seller's behalf, including notices rchunig to violations-ofzoning, housing. bo(Iding,safety or Can mehine yes which remain 391 umvar,s, ed, and that Seller knows of no mnditlon It,[ world co .Bogle violation of a such ordinances which remains uncomeeted, unless 302 otherwise specified here- 39s 394 (B) Seller knows of no lard assessmVis except as 395 3% 397 35e 399 4Co 40' 402 43 404 ants 466 407 40 W9 307 (C)' In the ekem any reduces (mduding violations) and assessmenps are received3after execution of this Agreement read bedore sedem,m, Seller will 398 notify Bayer in writing, within --5-- DAYS of receiving the notice or assessment, that Seller will 399 L Comply with node.. and assessment, at Seller's expense; in which case Buyer accepts the Properly and agrees to die RELEASE set forth 40 in paragraph 25 of this Agreement, OR. Or 2. Not comply with notices and assessments at Seller's expense. W2 3. If Seller chooses not to comply with notices and assessments, or fails within the time given to notify Buyer 9 Seller, will Comply, Buyer 403 will curdy Seller within __I_ DAYS in writing that Buyer will either: m4 - comply with notices and assessntenti at Buyer's expense and agree Ira the RELEASE set forth in paragraph 25 of this Agreement, OR ass b- Terminate this Agreement m which we all deposit monies paid on aceodnt of purchase price will be remmed promptly to Buyer 406 and this Agreement will be VOID 4m If Ruyerfails toeotJy Seller within the time givert,.Buyer accepts the Property and agrees to the RE,LEASEset forth in para. one graph 25 of this Agreement. W9 (D) Buyer is advised that access to a public road may require issuance of a highway occupancy permit from the Departure. T a sponatiom no Buyer Wtials:__ ___ A/S-2K Page 5 of8 Seller lNBak:U__ 440 all, (F)- If reyoved by dew, vithin_t5 DAYS of the esocimmd this Agreement Seller will order for delivery to Brvcr On or begac settlement m1? 412 i_ A cudficarion from ill, appro annc municipal depamu'ra ,, depaaments disclosing moll of any tilllooll d violafons ofz0ong, Irons alt 413 ing, bonding, safety or fire ordinances, AND/OR 413 sea 2_. Acertificate peninfing occupancy Of the Property. In the event repairs/impro men as ale mquired for the issuance of the rxniflme. Shcar 414 415 will, within 5_ DAYS of Seller's scup, of the reyuuemen6, nonfy Buyel of situ rupiirenrenu and whaha Seller will make the 'is 416 emoned 1epahxAnlpnavement9 it Seller's expense. ate an If Seller 'house, to milk, the required repaiNlmpmvvoters" Buyer atuves to accept he Pru,ny as repaueA and ,I.. to the RHLEASE set Irv ass forth in paragraph 25 of this Agreehnent If .Seller chooses not to make the Tetlubed repa'ushimprovemenls, Buyer will, within- 5. DAYS, 41s 419 m Aril y' It,, In to, of Buy,,', 'hot,, to coinage this Ayjremern OR make due 11'ailslimprovnnems it Bayer's ( those and with Seller's 419 ago icom Sion which will not he unmasonably omhheld If Seller denies Buyer pentfssionto nmke the requited 0,,., or if$elbr fails 1. respond am 42, ought) the time given, Buyer may, wilhin_ 5_ DAYS, terminate this Agreement in writing, in which ca call deposit monies paid on accoum 42, 422 of puahase pace wilt be resumed promptly to Buyer and this Agreement will roc VOID. 42a 423 15- TITLE, SURVEYS & COSTS (1-02) 421 424 (A) lbe Property is td be conveyed free and clear of all liens, encumbrances, mad euemeols, EXCEPTING HOWEVER the following: existing 424 425 deal restrictions, hoomc preservation mstrnetions or.rdirmnces, building reari.Gons,,)dime'', easements of mud, easements visible upon 425 426 the groused, easement of mired, pirvdeges or rights of public service companies, if any, otherwise (Be title to the above described nial estate 425 Ala will be goal and markerable and such as will be insured by a reputable Title Insurance Company of the regular rates. 427 428 (B) Buyer will pay for the fallowing: (1) Tde semdl tide insurance and/or mechanics lien insurance, or fee for r..3MmIlut v of same, if any. its 429 (2) Flood I.somrmz, fire insurance with extended coverage, more subddace troom", or fee for'ance7lation of sane, if any, (7) Appraisal +u roe fives and charges paid in advance to mortgage border, I( any; (4) Buyer's customary settlement costs and accruals. 4a) 'in (C) Ally survey or surveys which may he required by the Title br ulan'e Company or the absnacaing attorney for die preparation Of an adequate 431 432 legal description of the Property (or the ecreation thereof) will be secured and paid lo( by Stoo, Any snvcy or.ur,,, dewed by Buyer or 432 433 nupinxi by the mortgage lender will besecured and paid for by Buyer_ U3 v4 (D) In site event Sella is unable to give a good and man kefble title and such as will he insured by a repufble Title Company at the regular cares, as a4 435 specified in paragraph 15A), Buy,, will have the option of:f1) taking such file as Seller can givevall..change to the purchase price. In (2 being 435 436 -- retried all monies paid by Buyer to Sella on named a(purrhtea, Met and being reimbursed by Seller for any costs incurred by Buyer for any inspeo am 07 tons or cenJcarrus ubTV red according in the fermi of the Agamcnl and fm those items specified in paragraph 15(B) Items (1). (2), (3) acrd Yr aro 438 paragraph. 15(c), in Is Loch ease there will be an further Ilabifiry or obligation on either of die paeou hoer. and dos Agreement will burner , VOID. 438 439 16. ZONING MildiSIVICATION (1-02) - 439 W Failure of his Agreement to contain the coning elassel amor (except in cases where the pmpo ly land each parcel thereof, if subd... kible) is wed 440 Nv solely or primarily to parent single-fin ally dwellings) will render Ws Agreement voidable at the option of the Buyer, and, if voided, any 11ept,its our N2 tendered by the Buyer will be caramel t. )he Buyer without any re4)obemen for coon actmo. ddz N3 Toning Classification: 443 4a4 ? ELLCTED_ Within 15 DAYS of the cr ecurs. of his Agreement Buyer will verify that the existing use of die Prolctvy as 44a 05 is sellmoed. In the event the use is not perem ed, Buyer win, within the time 445. 446 given for verification, notify Sellerln writing that the exisfng use of the Propcny is not permitted and tusAg lryient will be V"Wy m which 4oi 447 . all depttit ormies paid on aCCWn4 of purchase price will be rammed promply to Buyer. Buyer's failure to respond within the time 447 448 gu en will constitute a WAIVER of this contivagency and NI Other Iran, of this Agreement remain in fill force and effect. dab U9 17. OAL NOTICE, 449 4w NOT AI'PLICARLI; 'al of _ 1fVPPLICABLE e5l ,12 TwsCU.UMiM MAr rul1sE6_conYL1, lAnNsFEF outs wGOn MSUIIE9lfr nT1ETU T1rE rent nil. WGnrs of SlrP10ar 1rM]FN.Yw'tx ?lE StINFnt4 LAND as2 J IWS+FD OR REi61tRPD TO NFAFM, ANOTr([OWNFA OR OWNERS OF SUCH QJgL KAY lilt1 Tl@CDA4'LFIE IE4wI Po[:HI'TO AFMOVEA1r.SUQ1 CVAL AND 453 r )Nit tbNt?CCnON, DMMe L May WSMT l0 TmSN56(R or 911E IJ,ND AND ANY HOSE, BDIWING OR OTHER 5mm-rmrF on oR N 5U(li IIND_ (Dos 454 nonce , sea barb in the mationer provided o Section I of the Act of July 17, 1959, P 1,. 984_) "Buyer acknowledges flat he may not be obtaining the 455. Ifs ngMOf prnrectu n against soh idnece resulting from coal muting operations, and that the vo ary described herein may be prdPcted from damage ass- n, doe w mime sa bodYm i by a pnvaw wnnatt wi0 the owners of the ecunamic interests in the coal This nokmowlalgemem is made for theprcipose 452 Ise ofcomplyme, with a I. provisions of Section 14 of the Bimminon, Mine Subsidence and the Land Conservation A,f (Aped 27,1966" Buyer agrees use: 159 to sign the decd from Seller which Aced will contain on, aforesaid provision. 459 'w 18. POSSESSION (1-02) 46e 6t (A) Possession is to be ddivemd by deed, keys and: 461 6z i_ pbystca) po....... n to vt caul Property free of debris. with all smlcmres broom -dean at day and rime of sencmenh ANVIOR 42 O 2. Assignment of existing lease(s), together with may security deponls and mlce,I'l at rime Of settlement, 0 Property is l1ai or the 4W 64 execution of this ApeemeN or ,.less otherwise specified herein_ Buyer will acknowledge ezistmg lease(s) by in tialnrg said Iniew(s) at ass 65 tone ufexecmmu of this Agrcemeot_ in, 66 (B) Seller will not veer into any new leases, written extension of existing lesser, i( any, or additional leases for the Property withoof the .,in. 466 61 consent of Buyer. 467 Sts 19. RECORDING (345) This Agreement will not be recorded in the Office for the Recording 4 Deals or in any other Office or place Of public reeoN 4ae i9 ant H Buyer causes Or pemu is this Agreement to he recorded; Seller may elect to treat such act as a breach of Ws Agreement ass zo 20. ASSIGNMENT (3-85) this A,memnot will he binding upon the parties, be. r"pic Uwe heirs, personal representatives, guardians and successors, 470 Il and ro the extern aaaividble, no the asaq,, Of the paniel, hereto, it being expressly understood, however, that Buyer will not ornsfei, or assign Ws 471 12 Agrcemem without the written consent of Seller. 472 0 21. DEPOSIT& RECOVERY ELIND(1-02) 423 a (A) Deposits Paul by Buyer widen _?O_ DAYS of settlement will be by cash, cashi,r's or certified check. Deposits, mganfiess of the form of 474 '5 payment and Ure person designated as payer, will be paid in U_S. Dollars , Broker or party. identified in paragraph 3(B). who will retrain tier. n5 '6 _ in an emmw account rund conmmrniftn or Lamination of this Agreement I. ccohnorty with all applicable laws and regulations. Any mosxhed 426 9 chalk tendered as deposit monies may, be held pending the acceptance of this offer_ in 8 (B) Ugmin aemd.aWo of this Agreement, the Broker holding the depost monies will release the deposit monies in accordance with the mans of a 4of 9 fully examined ..two agreement between Buyer and Sefler_ 479 - a (C) In Be event of a dispute over entitlement to deposit monies, a broker holding the depend monies is required by the Rules and Regulations Of "I I the State Real Estate Commission (49 P. Code §35 327) to mtainthe monies in escrow until be dispute is resolved, In The event of litigation 461 z la the anon ofdeposir monies ahroker wdlldis[nbum the monies asdimeted by afmal order ofwun err the written Agrwment of Ue penies_ 462 i Buya andSeiler agree Nat in the event any broker or affiliated licaune is joined in litigation for to remm of deposit amen,, Ne anor In ices and costs of Ili' broker(s) and 8,,a,oc(s) will be d dr' - - - Pd by many Jo!nhpg them. sea (D) A Real EsWW Paq,eq Fund exists to reimburse any pecans who have obtained a final civil judgment against a Pennsylvania real estate 485 r bwnsce owing to fraud, misrepresentafun, or deceit in a real estate transaction and who have been unable to Collect theJudgmew afier exhaust- 486 ' mg all legal and equitable re ncein,_ For complete defils about the Fund all (717) 783 36S8, or (808) 822-2113 (,,thin Pennsylvania) and 487 h (717) 7834854 (outside Pennsylvinul)_ 468 h 22. CONDOMINIUM/PLANNED ( ONINIUNLIY (DOMEOWNER ASSOCIATION) RIM 1,E NOTICE (1-02) 469 El NOTAPPI.ICABLE a9a ? APPLLCABLP: CONDOMINIUM. Buyer acknowledges drat the R.pe4y is a ..It of a condominium that is primarily mil by a unit owners' 491 assn auon_ §3409 of the Uniform Condominium Act of f'ccnsylva.,a requires Seller eOfmonh Buyer with a Cernifi,.e of Resale and copies 492 '- of the condominium declamation (other than plats and plans), the bylaws. and the roles and regulations of the acsociafion_ APPLICABLE. PLANNED COMML)NITY (HOMEOWNER ASSOCIATION). Buyer acknowledges that the Property is pan of a planned 493 494 community as defined by the Uniform Planed Commonly Act (See Daimnon of Planned Community Notice). §4407(a).( the Act requiaa 493 Seller Io famish Buyer with a copy of the Declaration (elm than plats and plans), the bylaws. the rates and regulations of the association- and age a Cerfficam confining The pmvisore set f..If in §5407(a) of the Ae( ... Buyer BttiaLs:__ ____ A(S-2R Page 6 of 3 Seller ILLWIlk: °959 t RtC NCJlLUWINGAI't'LICJ IVPKUYydCNN?I;:I¢GII AKN:IKAK UN;?15'I4ryL7? yPJ(UM'OKA-PLANNED CUMMUNITY.. 4" .`? (A) With,a_J-L-_ DAYS of the elocution of this Agredn nit,Super-will stbmt,,i quesjrto the assn, i anon for a Cecil ficate of Resaleand the doe- 5W wt. "a, .,, ,amerts necessity-..wenabl,Sidle, to.coaply.mihth,Art.The Act provd"'rcaill, ass uiatiun n s rnluu<I ro provide thee documents wdari o50, sn2„ r, 10 drysy6SelloCB nNUest ,. ......- , . .. _; .,. .. ., - ssa yet . nl(B),ISellerwillpromptly ddi...1. Boyer all doccoums tzerved fit.,theassociation s I holt ch, Air, Seller is in)[ liable to B uyer. for the. faihue or M3 1154 , ,.,delay of the a sect. non to provide the CeniGat, it, nmcly from er, a MIwIt , hAA, to Imycl-for any swot,,., info ration provided by> .. But say „mac rcianon and included m.he.C Qcare - - sty soy (C) tiny,, may declare Nis Agreement VOID at any rim before Buyer. ..c pt of Nearn ^ ton documents std for Sdays thereafter, OR fund 506 97 walvaert mhitre au' fns. Bu,"', nonce d daring this Agr u t void muse be in wrong, thereafer, all defwsit monies will be 507 500 rimmed to Buyer Sob 509 _(D) ,1 du event the assx:iatio r has hen,ht IU buy ow property (right o(.ficu mfu,N),and d i- xuclicut ra roes drat right; Seller will reimburse w9 Ste Boyar for all monies paid by Bio,r a accounudpumhase price and for any mstsiocaned by Buyer for: (1). Title search, tide intricacies and/or: 50 5q ..meclemics.li'ainsurance, ,,fee for <anceilation of sine, if acry, (2)<-blood insurance and/or fare insurance with extended co veiny, mm,,,rb- sn 512 sidence io,orance, of fee for cancellation of same. if thw; (3) Appraisal fees and charges paid in ad,mex, to mongage lender, fray 512 511 23.-,AIA TENANC,E..S RISK OE;LOSS.(1-02)r. ... :-?. sty 51, (A) Seller will mandate. the Property, grounds, fWmes, and any personal prgreny specifically scheduled heroin in uh, present comdifion, normal 514 sits wear and tear excepted- Sts 516 (B) totheevataaysystem or appliance includedin the sale ofthe Pnopenyfads and Seller does not retractor eplxethe item; Seller villpromob, 516 Sn notify Buyer in w long of Seller's choice in, 517 sits 1- Repair or splice the failed ayvem or appliance before settlement or credit Buycr at settlement for the far market value of the failed sys 518 Sir tern or apphaMe phis option man be a...pmbie to the ntori lender, if way). In each case, Buyer accepts the Property and agrees to 519 520 he RELEASE so forty in paragraph 25 a this Agre,cael OR 525 571 2. Not repair or wplace.the,failed system or. applom,c-and act credit Buyer at wd,o ent for the feu market valve of the failed system or 521 522 appliance.-lf Seller does not repair, replace or offer a. credit for. the failed system or appliance; or if Seller fails to notify Buyer. 522 525 - of Seller's choices Buyer anLantry Sellcrda writing within n ,. 3. DAYS or before settlement, .whichever is sooner that Buyer 518 524 _ will-. .- +.... - 524 525 a. Accept theAct" andagree to the RELEASESetfort, dencithmph 25 ofthis Agreement OR,. - 525 526 - b, Terminate t1tis.Agreemeo4 to w'bich eau atl.Avyie g masmalsdid-on account of purchase pries: will be returned promptly to Buyer 516 527 and Nis Agreement will he VOID. :. 527 528 (C) Seller will bau risk of In,, from nice, other cannabis, hard time ofecttlement 1. the event of damage by fire or other casualties to any prop- 1125 M erty included in this. sale chat ismom repaired 0, replaced prior. to. settlement, Buye,111 have Neoption of rescinding this Agreement and 529 sw promptly receiving all monies paid on hccoum of purchase price or of accepting the. Property in its then condition together with the proceeds sw Sat of any insurance recovery obtainable by Seller. Buyer is hereby robbed that Buyer may i.,are. Buyer's equitable interest in this Prgpeny as of Sat 552 an, lime of execution of this Agreement. 532 lam 24. WAIVER OF CONTINGENCIF.S(1-02) - 533 514 If do, Agreement is contingent on Buyer's right to inspect and/or repair the Property, Buyer's failure In exerder any of Buyer's options within 534 535 the time limits set forth in this Agreement will constitute a WAIVER of that contingency and Beyer accepts the Property and agrees to the 535 536 RELEASE set forth ire paragraph 25 of this Agreement. 535 537 25. RELEASE (1-02N 531 538 Buyer hereby `receives, quit claims and forever Uischarges.SELLER, .ALL BROILERS, their LICENSEES, EMPLOYEES, and any OTT- 538 539 CER or PARTNER of any one of them and any other PERSON, FIRM, or. CORPORATION what may. be Gable. by or through them, from 539 50 any and all claim-, losses or demands,including. but not limited to, Personal htjuri4s and property damage and all of the wnsequencesthere-.. 548 sac of, whether now known or not, which may rise from the presence of lermites or other wood-boring memos, radon, lead-based paint hex- sat 542 ards, environmental hae2rds, any defects in the Individual on-lot sewage disposal system or deficiencies in the on-site wal service system, 512 1143 or any defects or conditions on the Property. Should Seller be•in default made, aKe. term, of this Agreement, this release does not deprive 54a m; Buyer of any right to pursue am. remedies rival may be availuhle order law or equity. This release will survive settlement. sat 545 26. REPRESENTATIONS (1-02) sae 546 (A) Buyeram,nnands Nat any representations,claims.advertising. promotional acnvines,brochures or plans of any kind made by Seller: Brokers. 516 547 their 6censecs, employees, oflicas, or partners are nm a pan of this Agreement unless falue, e incorporated or stated is this Agreement It is 1147 Sail, . moher unit... o st that his Agreement wtaser, the whole agreement between Seller and Buyer and there are no other terms, obimanons 548 519 covenarms, representations, statements or conditions, oral of mherwise of any kiiod xhatsxver concwming this sale Fantrearoncre, this 149 550 Agrcemem will not be sltenxl, amended, changed, or modified except in writing exeeuced by. the (conics. ssa 5111 (B) 11 is understood that Buyer has inspectM the Property before signing this Agreement (including fixtures and may personal property ' rest 511? specifu dly scheduled herein), or h. radial the right to do so, sad has agreed to purchase the Property in its present condition unless. 552 553 _ otherwise stated in IluVAleneorm.- Burecacknowledges that Brokers, their, there., employees, office. of landmass ehave at made 553 5111 an independent examination or determination ofthe structural smndnes oflhe Property, the age orcodiGOn of the components, envi- ssa 5115 romunental conditions, the permitted uses, or of conditions existfng histhe locale where the Property, is situated; nor have they made a 555 1156 ...echamcal inspection of any of the s)'slems contained therein. 556 557 ,(C)_.Any. repairs required by this:Agreemadondl be completed. in a workmanlike masecr:- 5sc 5% (D) Broker(s) may perfomm services to .,is( unrepresented parties in complying with the terns of this Agrcemen¢; - sea 559 (E) The headings, captions, and line numbers in this Agreement are meant only to make it ease. to find the paragraphs. 559 560 27. DEFA ULT(1-02) - wo wt. (A) Seller, has the option of retaining all sums paid by Buyer, including. the deposit monies, should Buyer s6t 562 I. Fail to make arry additional payments as spwifed in paragraph 3: OR 662 %1 2 Pum¢h false or incomplete information to Seller, Brokeds),of the mortgage lender if any, conceming Buyer's legal or financial stator, 563 564 or fail to up ema in the processing of the mortgage loan application,. which num would result in the failure to obtain the approval of a she 5611 mongage moat co'somen t OR - 565 566 3. Violate or fail to fulfil and perform aey other terms or conditions of this Agreement- - 566 1167 (R) Unless otherwise checked in paragraph 27 (C), Seller may elect to retain these sums paid by Buyer, ineoding deposit manes, in one of the SO 566 following manners: 568 569 1. On account of purchase price; OR 569 5m 2. As monies to be applied to Seller's darnages; OR no Sit 3ir As liquidated damages for such breach. " - nit 572 (C) Seller is limited to retaining sum paid by Buyer including deposit monies, as liquidated damages. 572 573 (D) lfSeller rettins al( sums paid by Buycr, including deposit monies, as liquidated daviages pursuant to paragraph 27 (B) or (C), Royer and Seller sn 574 will be released Shut Podhcr liability or obligation and this Agreement wlMbe VOID - - - 514 575 28. MEDIATION (7-96) - - 555 576 ? NOTAVAIIABLE - n6 577 WAIVED- Buyer and Seller understand that they uuy choose to mediate at a later date, should a dispute arse, but that there will be no obli- 577 578 gaioon on the part of any party to do in, 578 579 ? FLECMD 579 sea (A) Buyer and Seller will try to resolve airy dispute or claim that may arise from dais Agreement through mediation, in accordance with the Rules 585 5131 and. Procedures of the Nome Sellco0b me Bovers Dispute Resolution System- Any agreement reached through a mediation conference and 581 582 signed by the parties will be binding. 501 501 (B) Bayer and Seller acknowledge that they have received, read and understand the Rules and Procedures of doe Home SelersMome Buyers 583 5511 Dispute Resolution System (see Mention.. Notice) Set 5e5 (C) This agreement to mediate disputes arising from this Agreement will survive uulement 5e5 sacs Buyer Initiats:__ A/S-2K Page 7 of 8 Seller bduals- _ 585 sae (A) The following are parr of Nis Agreement i[checked: set 5a9 ? S I k Srulem mt of Othu I?roprgy _ ScNgment of 0iher,Propcrty. Contingency Addendum (PAR Form SOP) set `w ('mmingency Aide ,dum (PAR Form SP) T[tetit Occupred Ba ,ray Addendum (PAR Form TOP) 690 s n ,? Sd, & S,W,m S of Offie 1 r pert, C nsingeoty, ?XX13 7 fzf @ ?RE„+--k?^?.?,-- 591 512 thRghtto l tine, Marketing Add,hdum 6o ?ARfom,SSl (M) 593 5N (IS) "'3' ???lTl?(/a?R.1 591 S)fi f 1/ - 595 Snb 596 597 599 5oe 599 '. ..... 599 6W we 60r ,. WE set _ 602 603 Buyer and Seller ackaowiedge receiving a ropy of this Agreement at the here ofigning. 03 set 601 W' NOTICE, TO PARTIES: W HENSIGNED, THISAGREEMENT IS A BINDING CONTRACT. Return By f sesimile wat smiss7An' (FAX),bf this' . 605 666,.:.Agre,ownt,and all addenda bearing the signaturesofall parties, constitutes acceptance of this Agrcernent. Parties to this transaction' areadVCced" 606 6to 1. surseetsm uorney before signing ifflu de'irek,url tovice 601 668 I 608 W9 Buyer has receved tba; Consumer Notice as adopted by due State Real Fshur Commission at 69 Pa. Code §35.336 609 610 Buyer has rreenved asmtemem of Buyer's estimated chasing casts before slgmJrgThisAgreenrent - 610. ,it Buyer has read and understands the notices and explartattury information set forth in this Agreement: '-' 61, 612 Buyer has received a Seller's Prope5tp Disrhosure 51aleanent before signing this Agreement, d required bylaw (see Information Regarding. 612 6a ', . the'Aral Fsia/e SrJlerDLsdosure r,(°/??, 6t4 61" Boyer has r.ivEd?tthe Deposit Mo/riq No 6 tbce,(fur cooperative sales when Broker 2rvSeBer is froiding,deposrt money) before agrhhhg?(hk-' 611 5 Agreement PrLYS-n' NAm /T 515 617 .. BUYER'S MA DING ADDRESS: 61Bl4-t-/ 616 .619 BUYER'S CONLACT NUMBER(S): 619. 620 630 62, AVTINESS ? .._ BUYER -: DATE m1 6z3 -. SSp bzz. 623 , 623 624 WITNESS, BUYER DATE- 624 625 -: '.::_ ? .. ...., SSN.__-. _._-_ 625 us ... 626 6D WITNESS BUYER- _ (DATE 627 626 -..,. SSa a--> 639 IN 630 Seller'Pemby app.... esJ (1he above contract this (date) iiiiii? 630 631 p1 611 x ?• 633 6 634 635 , ellerha9 recess d.lb Consumer Notice aumdopted: by the State Real Estate C mmi3sinna149 Pa Cr de §35.336 2n-: qs 6x extras recriverso smtemento65ellers estimeted.dwurg"nsts before sgrung this Agreement 636 69 mad andundersfands'lM1nnptices•and explanatoryont rmnlinn set WrtBun 4his Agreement 637 636 658 639 SELLERS MAILING ADDRESS: __? ?'yX ?? -? • - - 639 610 ITY: T,Y f?(•. -? '•-f- __ Era 641 SELLER'S CON FACT NUMBER(S):- - 641 611 0 4 W77NFSS7 /{? yV" J / / SELLER ... DATIi 644 S.Sq ,-1 I?tT ??? ?L WS 645 4 .: 646 WITNESS --._-.. SELLER-- DATE.. 616 641 SSN _ - ---?? - - Or 6491 - .. ... ? _-SELLER - r DATE 619 6sa • ,._.. SSN Ertl Est Est 652,.: broker's/License¢s'C'edit?atiopsyebttkahllhabare;applreable). .. _ ,,. ..... 651 653 ?,. .. Regarding'. Lead-Based, Paint Hazards-QiseInsure: Required ifrroperlywas bit before 1978:-'The undersignW Lcensees inwlved in" 653 654 phis trensadion,'on behalLoGthemx)wves and they bmkus, ccrofy tharthev statemenks?re We to dhe. best of their knowledge and be,SieL - 6sa 6s6 A,knowledgement: The licensees involvom this,lransacnonhave informed Seller ofSeller's otdigafions underfhe Residentul LeadBased 655 656 Paint Hazard Reduction Aa, 42 U.S.C. §d852(d1 and aze aware u(Iheir responsibility to ensure compliance- 656 65) 651 658 0 Regarding Fl1A Mortgages: The undersigned Licensees involved in this vaasaaion, nn behnl(o! themselves and thdr brokers, certify that 656 659 the 11.1 or this I'mmct for purchase are true to the lust of their knowledge and bebef. and that any other ,gseevw r entered into by rey of .1 660 drew pantie, m connection withlhis transaction is attached to this Agreement- 660 661 , t 661 662 ? Regarding Mediuliu r The undersigned 6 Broker for Seller ? Broker for Brayer agree to submit to mMialion in accordance with 662 663 pmagraph 28 of this Agreement 664 665 BROKER FOR SELLER (Company Name Iu5 666 ACCEPTED BY DAFE fi66 661 4{ CJ/ / _.-_ 661 668 BROKER FOR BUYER (C9 npany Name) 668 669 ACCEPTED B 610 ? 610 61, / A/S-2K Page 8 of 8 Ern - BUYER'S COPY ADI)ENDUM/ENDORSI':MF:N'l TO AGREEMENT OF SALE ASA_I. EuorER.l_?; 't ? ; SELLER -- BUYER DACE OF ACR1:IZp'llsNT i U r ?'r Y' v 1 All other terms and conditions of the Agreement of Sale remain unchanged a in full fort and effect 1 WITNESS - I BUYER --- DATE _. f1= WITNESS/ BUYER ,' - --- - DATE WITNESS,----- BUYER _ -- WCCNFSS ?, - ?- -- - -- - - --- DATE -- _-_-- -ic ??- --- SF.LI ER ?. DATE --- WITNESi,? r? i?-- SEC.LFR?-' _ DATE _- WITNES SS _ -- ?.---`, _ SELI ER DATE ® PeMisylvania ASSOCIaL10ti of OPYRI(:IIT PENNSYI..VANIA ASSO('IATION OF REALTORSB 2002 REALTORS 9102 °y 1 `?j ???_",f'f`)f'?IFf");1"; ?}t)?IUllf??r?) ?Ilt4. ' ': ,, ?• ?t? r17- lAnsmy 25.2005 Scott and Pcnny Icesci 120SIonchcdge time Cv fsle_ Pa 1701 i (W) 541-9001 ( I) 240-2985 -store i1 ep xjm ?..«w. P_e?x iahc nyUn I xt"i org Pl,c1?11 (717)362-3477 fox {717)3624571 EXHIBm" -1C ? We propose to tirnrish the lalxn and matcnals for the following work to be completed at the address listed above • All City, (County, State, Mor Federal: fees, permits, approvals, inspections, etc_.. whether they are Govenunent, Org:m¢aNorq h/or Association related, shall be the full responsibilit_r' of the Customer listed above, and are not inchmle l in this price. • Owner to supple electric. water and sanitary facilities- As per our inspection aml icc<mnnundation. we" nuvoc uthat the floor specifically in the kitchen area is darnaged due to an acclimation and installation issues lhning room and foyeehall seem to be in good condition even with seasonal conditions Kitchen aiea can be resolved by removing existing flooring and installing new (same product) but with proper accliniation An ahernative, ifihe existing product cannot be acquired m to remove all (looting and insmH same species in those a was a Kitchen auea existing wood floo» itanoved and new, ((same product) installed Total labor and materials ........................................................................$ 4000.00 b Remove entire existing wood flooring and install select or better 2-114 inch oak flooring, sand and knish One coat sealer. two coats polyurethane Stain an additional $1 00 per square foot Total labor and materials._...._ ................ _..._......_............_._........_.._....A 8000.00 TER IS: 5016 down balance upon completion - Work to be completed will be billed as labor and materials at $42/hr _ We are not responsible for delays in work for reasons beyond our control_ Labor and imlenals guaranteed for one year from date of completion (for defects ui workmariship or inalerials only, not for noTiml wear and tear, nususe, or for problems caused by reasons beyond our control)_ Manufacturers' warranties apply as stated on each item so covered Prices guaranteed for 30 days only from date of contract Custonxr can exercise the right of rescission (canceling the contract) 3 contr( l) hlaml(letlrrcrs' AvamaItics apply as stated on each item so cox°cn?d Pi it (,s gu.uantecd for 30 LIS only from date of contract (10(MXI can exercise the right of rescission (canceling the contract) iOl elp to ihrce days after the date of signing this i maN cL and must Mdy us in writing (whic) I liars a timely 1x?simuk) of this decision We reserve the right to charge a 2"% late lie on amounts pest due (over 30 clays horn billing (ate) "Ihc laws of the (emmimTzAh of PenIhO mm govem the tenor and conditions of M. contract 1 have read and mxkm%md the technical aspects- tcmis_ and eachr tons as set forth alxrve Accepted Accepted Dai e SuMmund by RliS J ORA"IIONS UNI INIFI LD. INC j ?m es S Pacinelij, President No1e? Please send us all pages of the siyned original, xve will send you a photocopy 2 CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the within document this L4 day of {pct ? R ; 2006, on the following via facsimile and by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 CALDWELL & KEARNS .. .' y2l By: ?, ,- ?_' ._, ?;. T '?:? '? " ?, ??> .? .. -, Scott Feeser & Penny Feeser, Husband & Wife, Plaintiffs V. Katko, Inc. & Joseph Katkocin Defendants In The Court of Common Pleas Cumberland County, Pennsylvania No: 05-4904 NOTICE TO PLEAD TO: Brett M. Woodburn, Esquire Caldwell and Kearns 3631 North Front Street Harrisburg, PA 17110-1533 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully Submitted TURO LAW OFFICES Date on Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant Scott Feeser & Penny Feeser, Husband & Wife, Plaintiffs V. Katko, Inc. & Joseph Katkocin, Defendants In The Court of Common Pleas Cumberland County, Pennsylvania No: 05-4904 Answer To Second Amended Complaint 1. Admitted 2. Admitted 3. Admitted 4. Admitted 5. Denied.By way of further answer the agreement did not include the installation by Defendants of hardwood flooring in these rooms rather the price included the hardwood flooring but Plaintiffs knew and understood that they would deal with the installer directly who would actually do the installation of the floor that Plaintiffs chose. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied. Defendant denies that the hardwood flooring installed was defective and proof of the same is demanded at trial. 10. Denied. This allegation is a legal conclusion to which no responsive pleading is required and if a responsive pleading is required Defendant re-alleges that there were no defects in the floor. 11. Denied. The conclusions of this paragraph are legal conclusions to which no responsive pleading is required. By way of further answer Defendant re-alleges that there were no defects in the floor and any wood putty that was found was placed there by individuals other then Defendants and Defendant's had no responsibility or knowledge of any wood putty being utilized on the floor. 12. Denied. The conclusions of this paragraph are legal conclusion to which no responsive pleading is required. By way of further answer Defendant re-alleges that there were no defects in the floor and any wood putty that was found was placed there by individuals other then Defendants and Defendant's had no responsibility or knowledge of any wood putty being utilized on the floor. 13. Denied. Defendant, at no time, knew of any defect in the hardwood flooring and further denies that any defects in fact exist and proof of the same is demanded at trial. 14. Denied. Defendant, at no time, knew of any defect in the hardwood flooring and further denies that any defects in fact exist and proof of the same is demanded at trial. 15. Denied. Defendant, as stated above, deny that any defects exist or that the floor was improperly installed and, if the same is proven, the Defendants deny that they had any knowledge of any defects or any improper installation and such defects or improper installation is the fault of third parties not controlled by Defendants. 16. Denied. It is denied that at anytime Defendants, installed wood putty in the wood floor and, of the same is proven, Defendant re-alleges that such installation was at the request of Plaintiffs by third parties not associated or controlled by Defendants who would be ultimately responsible if such were proven. 17. Admitted and Denied. It is admitted that Plaintiffs told Defendants that there were defects in the floor however Defendant deny that defects exist or that Defendants, were in anyway responsible for any defects. 18. Denied. Defendants have asked responsible parties who installed the floor to investigate and fix any defects however none have been found. 19. Defendants have no information as to the allegations in this paragraph and thus the same is denied and proof is demanded. 20. Defendants have no information as to the allegations in this paragraph and thus the same is denied and proof is demanded. 21. Admitted and Denied. It is admitted that a bid proposal for alleged correction was obtained and however it is denied that such bid proposal is correct or that it has anything to do with actions taken by Defendants. 22. Denied. The hardwood floor product is still available from the manufacturer. 23. Denied. It is denied that any flooring must be replaced however if it is determined that some flooring must be replaced it can be done without removing the entire floor and responsible parties who installed the floor in the first place could do so. 24. Denied. 25. No responsive pleading required. 26. Admitted and Denied. It is admitted that the price is as stated and it is denied that the flooring was not property installed proof of the same is demanded at trial. 27. Denied. Defendant breached no duty to Plaintiff and did deliver the house as promised. 28. This is a legal conclusion to which no responsive pleading is denied. WHEREFORE, defendants request judgment in their favor and against plaintiffs. 29. No responsive pleading required. 30. Admitted. 31. Admitted. 32. Denied. The language is as stated and defendants have stood behind their warranties. 33. Denied. Proof of the same is required. 34. It is admitted that Plaintiff alleged a defect however Plaintiff has not proven a defect and, most importantly, Defendants are not responsible for any defects in the wood flooring that was installed by others at the request of Plaintiff. 35. It is admitted that Plaintiff alleged a defect however Plaintiff has not proven a defect and, most importantly, Defendants are not responsible for any defects in the wood flooring that was installed by others at the request of Plaintiff. 36. It is admitted that Plaintiff alleged a defect however Plaintiff has not proven a defect and, most importantly, Defendants are not responsible for any defects in the wood flooring that was installed by others at the request of Plaintiff. 37. Denied. Proof of the same is demanded at trial. WHEREFORE, Defendants request judgment in their favor and against Plaintiffs. 38. Denied. Plaintiff inspected the home and made arrangements to purchase the wood flooring and to involve themselves with the installation through a third parry not under the direction or supervision of Defendants and consequently are responsible for any alleged defects in the floor as they supervised the installation. 39. Denied. 40. Denied. 41. Denied. It is denied that Defendants made any false or reckless claims in this matter and proof of the same is demanded at trial. 42. Denied. Defendants, at no time, involved themselves with the installation of the floor or the installation of putty and if the same is proven such installation is the responsibility of third parties not under the supervision and control of defendants. 43. Denied. See answers above. 44. Denied. See answers above. 45. Denied. The Plaintiffs have not suffered any injuries or damages and certainty if defects exist they were not the result of gross, wanton, or reckless conduct of Defendant and proof of the same is demanded at trial. WHEREFORE, Defendants request judgment in their favor and against Plaintiffs. 46. No responsive pleading is required. 47. Admitted. 48. Denied. The allegations in this paragraph are legal conclusions which are denied in their entirety by Defendants. 49. Admitted. 50. Admitted. 51. Denied. The allegations in this paragraph are legal conclusions which are denied and proof of the same is demanded at trial. WHEREFORE, Defendants request judgment in their favor and against Plaintiffs. 52. No responsive pleading is required. 53. Admitted and Denied. It is admitted that the Defendants had a responsibility to provide a home pursuant to the contract which they did and any allegations contrary to that is specifically denied and proof of the same is demanded. 54. Denied. Defendants did not install the wood floor which was installed by others under the direct supervision of Plaintiff. 55. Denied. Defendants did not install the wood floor which was installed by others under the direct supervision of Plaintiff. 56. Denied. Defendants did not install the wood floor which was installed by others under the direct supervision of Plaintiff. 57. Denied. Defendants did not install the wood floor which was installed by others under the direct supervision of Plaintiff. 58. Denied. Proof of the same is demanded at trial. WHEREFORE, Defendants request judgment in their favor and against Plaintiffs. NEW MATTER 59. The Defendants were the owners and builder of the home referenced above. 60. Plaintiff Scott Feeser contacted Defendants and arranged to buy the home along with his future wife Plaintiff Penny Feeser. 61. Because the home was being built at the time Plaintiff contracted to buy the same, Defendants explained to Plaintiffs that they would be given an allowance for flooring and could make arrangements with a manufacture/seller of floor products as well as an installer of Plaintiff's own choice. 62. Plaintiffs made an arrangement to work with Griffis Flooring and Plaintiffs went to Griff's place of business where they selected a flooring type after consultation, discussion and recommendation of Griff s. 63. At no time, during this process, were Defendants involved in the selection, purchase or suggestion as to a suitable floor product for the home. 64. Plaintiff's, during their meetings with Griff s, chose Griff's or Griff s sub-contractor to install the hardwood floor. 65. At the request of plaintiff's and under their direct supervision Griff s did sell the product to Plaintiffs and did install the hardwood floor or have such installation sub-contracted under the direct supervision and control of Plaintiffs. 66. At no time, during this process, did Defendants supervise, contract or otherwise involve themselves with the installation of the hardwood floor which was completely under the control, supervision and direction of Plaintiffs. 67. Defendant's responsibility was simply limited to payment to Griff s on behalf of Plaintiffs for the product purchase selected and install under the supervision, direction of the Plaintiffs. 68. Plaintiffs, at all time relevant hereto, played the part of sub-contractors in that they specifically took over all responsibility for the selection, purchase and installation of the wood floor in their home and did, at all time relevant hereto, contract with third parties not under the direction, supervision or control of Defendants and did, in such capacity as a sub-contractor, supervise the installation of the hard wood floor thus relieving Defendants of any responsibility as alleged above. 69. The Defendants did not, at any time relevant hereto, select, analyze, measure or install the hardwood flooring in the home but merely acted as a conduit for the payment of money from the Plaintiff to Griff s and Grif 'S sub-contractors and was therefore not responsible, in any way, for any defects that may have occurred in the manufacture, selection or installation of said floor. 70. If it is determined that Defendants are responsible in anyway, for any defective installation, said finding must be reduced by the negligence of Plaintiff acting as a sub- contractor and supervisor of the installation of the wood floor. WHEREFORE, for all the above reasons, Defendants request judgment in their favor and against Plaintiffs. //0/0;_ Date 12on Turo, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717)245-9688 ext31 VERIFICATION I, Ron Turo, Esquire, attorney for the Defendants herein, have sufficient knowledge of the facts contained in this Answer to Second Amended Complaint and verify that the statements made in the foregoing Answer to Second Amended Complaint are true and correct to the best of my knowledge, based upon information received from the Defendant. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. o? /lOlOfo Date Turo Esquire t? ? ' ?? .-? `ry`j 3T C -j _ _? ?7 ?-, _.... -_ I'l l if C> ?..1 < Scott Feeser & Penny Feeser, Husband & Wife, Plaintiffs V. Katko, Inc. & Joseph Katkocin, Defendants V. Griff's Flooring, Additional Defendant In The Court of Common Pleas Cumberland County, Pennsylvania No: 05-4904 NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Scott Feeser & Penny Feeser, Husband & Wife, Plaintiffs V. Katko, Inc. & Joseph Katkocin, Defendants V. Griffis Flooring, Additional Defendant In The Court of Common Pleas Cumberland County, Pennsylvania No: 05-4904 Complaint To Join Additional Defendant 1. Original Plaintiffs Scott Feeser and Penny Feeser are adult individuals currently residing at 120 Stonehedge Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Original Defendant, Katko, Inc. is a Pennsylvania Business, Corporation and General Contracting Company located at P.O. Box 370, Camp Hill, Pennsylvania 17011. 3. Original Defendant Joseph Katkocin is an adult individual and owner, president and agent of Defendant Katko, with a business address of P.O. Box 370, Camp Hill, Pennsylvania 17011. 4. Additional Defendant Griff's Flooring is a Pennsylvania Business organized and existing under the laws of the State of Pennsylvania with a principal place of business located at 5205 Simpson Ferry Road, Mechanicsburg, Cumberland County, Pennsylvania 17050-3534. 5. On or about February 3, 2005 original Plaintiff s, Feeser filed a second amended complaint against Defendants alleging defects in a wood floor installed in their home pursuant to an agreement of sale on or about July 23, 2003. 6. Feeler's alleged that they entered into a agreement of sale to a purchase of a home owned by Defendant Joseph Katkocin and built by Defendant Katko, Inc. at 120 Stonehedge Drive, Carlisle, PA 17013. 7. The Plaintiff contend, in their complaint, that the flooring installed was defective and was installed in an improper, un-workman like manner in the kitchen area. 8. Plaintiff further contended that they discovered the defects after settlement and also discovered colored wood putty coming out of the wood floor leaving large and noticeable gaps at the joints of the hardwood flooring. 9. The Plaintiff further alleged that the Defendants knew of the defects prior to settlement and attempted to hide or disclose the defect by placing wood putty in the gaps. 10. Pursuant to the Pennsylvania Rules of Civil Procedures the Defendant's, Katko, Inc and Joseph Katkocin now joins Griff s Flooring as an additional Defendant and provides true and correct copies of all pleading filed in this action. 11. Without admitting the truth or accuracy thereof, or admitting liability therefore, Defendant's Katko Inc. and Joseph Katkocin hereby incorporates the allegations contained in the Plaintiffs second amended complaint as if fully set forth therein and avers that any claimed damages arising from the alleged defective flooring are attributable to the seller and installer of the hardwood flooring, Grif 's Flooring. 12. At all times relevant hereto Defendants did indicate to Plaintiffs that Plaintiffs had "an allowance" in order to purchase flooring in the kitchen area. 13. Plaintiffs contacted additional Defendant Griff s Flooring. 14. The only role of Defendant's in this matter was as go between and as the payer for this allowance. 15. At all times relevant hereto Defendant's allege that additional Defendant, Griff s Flooring, did advise, recommend and sell to Plaintiffs a flooring product and thereafter, under the direct supervision, control of the Plaintiffs did have such hardwood flooring installed in Plaintiffs home. 16. At all time relevant hereto Defendants did agree to pay the bill to Griffs Flooring, which they did in the amount of $8.614.63. A copy of the invoice is attached hereto and made part hereof. 17. If any liability should be found against Defendants and in favor of Plaintiffs such liability is the sole and complete responsibility of Griff s Floor who sold the floor to Plaintiff and installed the floor without any assistance, direction, supervision or control of Defendants, Katko, Inc. and Joseph Katkocin. WHEREFORE, Defendant, Katko, Inc. and Joseph Katkocin respectfully request that this Court enter Judgment that, in the event it is determined that Defendants have any liability for the damages alleged in Plaintiffs complaint, then additional Defendant Griff s Floor is solely liable on Plaintiffs cause of action and liable over to Defendants to Plaintiff cause of action or jointly or severally liable on Plaintiff cause of action. IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL COVER SHEET Scott Feeser and Penny Feeser, Husband and Wife, Plaintiffs, No. 05-4904 vs. Civil Action - Law Katko, Inc., and Joseph Katkocin, Second Amended Complaint Defendants. Caldwell & Kearns Brett M. Woodburn, Esquire Attorney I.D. #81786 3631 North Front Street Harrisburg PA 17110 (717) 232-7661 bnoodburi1;«cal(kNcllkcains om Attorney for Plaintiffs Scott and Penny Feeser .. SCOTT FEES ER and PENNY IN THE COURT OF COMMON PLEAS FEESER, Husband and Wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. : NO. 05-4904 KATKO INC., and JOSEPH CIVIL ACTION -LAW KATKOCIN, Defendants JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without fiirther 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. CUMBERLAND COUNTY LAWYER REFERRAL. SERVICE 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 SCOTT FEESER and PENNY IN THE COURT OF COMMON PLEAS FEESER, Husband and Wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. : NO. 05-4904 KATKO INC., and JOSEPH CIVIL ACTION -LAW KATKOCIN, Defendants JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dial de plazo al partir de la fecha de ]a demanda y la notificacion. Usted Debe presentar una apariencia escrita o en persona o per abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, ]a corte tomara medidas y puede entrar una orden contra usted sin previo a viso o notificacion, y per cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL D1NERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 SCOTT FEESER and PENNY FEESER, Husband and Wife, Plaintiffs vs. KATKO INC., and JOSEPH KATKOCIN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4904 CIVIL ACTION - LAW JURY TRIAL DEMANDED SECOND AMENDED COMPLAINT AND NOW, come the Plaintiffs, Scott Feeser and Penny Feeser, husband and wife, by and through their attorneys, Caldwell & Kearns, and file the within Complaint; and in support thereof, avers as follows: I . Plaintiffs, Scott and Penny Feeser ("Plaintiffs"), are a married couple currently residing at 120 Stonehedge Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant, Katko Inc., ("Defendant Katko"), is a Pennsylvania business corporation and general contracting company, with a principal place of business located at P.O. Box 370, Camp Hill, Pennsylvania, 17001, and registered corporate office at 3803 Pamay Drive, Mechanicsburg, Pennsylvania 17055. 3. Defendant Joseph Katkocin, ("Defendant Katkocin"), is an adult individual and owner, president and agent of Defendant Katko, who currently resides at 3803 Pamay Drive, Mechanicsburg, Pennsylvania 17055. 4. On or about July 23, 2003, Plaintiff Scott Feeser entered into an Agreement of Sale ("Agreement') with Defendant Katko for the purchase of a new home located at 120 Stonehedge Drive, Carlisle, Pennsylvania, 17013 ("Property"). A true and correct copy of the Agreement of Sale is attached hereto as Exhibit "A - and incorporated herein by reference. 5. The Agreement between Plaintiff and Defendant included the installation of hardwood flooring in three rooms of the home. 6. Plaintiff Penny Feeser was an intended third party beneficiary of the Agreement. On or about September 26, 2003, Plaintiffs conducted settlement on the home and title was transferred from Defendant Katkocin to Plaintiffs as husband and wife. Defendants were aware that the Property was being purchased with marital funds and was to be used as the marital residence of Plaintiffs. 9. Subsequent to settling on the property, Plaintiffs discovered that hardwood flooring installed in the kitchen was defective. 10. The defects were due to improper and substandard installation of the hardwood flooring in the kitchen. 11. The defects were discovered over time as colored wood putty was extruded and loosened from gaps between the boards as the flooring was walked on. 12. When the colored wood putty came out of the hardwood floor, large and noticeable gaps were detected between the strips and at the joints of the hardwood flooring in the kitchen area of Plaintiffs' home. 13. It is believed, and therefore averred, that Defendants knew of the defects in the hardwood flooring of the kitchen prior to settlement. 14. Defendants never disclosed their knowledge of the defects in the hardwood flooring of the kitchen to either Plaintiff prior to settlement. 15. It is believed, and therefore averred, that the Defendants, individually and/or through agents or contractors under their control, attempted to conceal the gaps in the defective and improperly installed hardwood flooring by filling the gaps with wood putty. 10. The wood putty used by Defendant Katki and/or Defendant Katkocin was the same color as the hardwood flooring, which prevented Plaintiffs from detecting the defects in the flooring prior to settlement. 17. On or about July 9, 2004, Plaintiffs notified Defendants of the defects by notifying Defendant Joseph Katkocin and requesting that the defective flooring be repaired or replaced. 18. To date, despite numerous demands, Defendants have refused to correct the problem with the damaged hardwood floors in the Plaintiffs home. 19. On or about February 25, 2005, at the direction of Plaintiffs, the flooring was inspected by Restorations Unlimited, Inc. 20. Restorations Unlimited, Inc., determined that the flooring in the kitchen area was damaged due to improper installation techniques being used when the floor was first installed and needed to be replaced. 21. Restorations Unlimited, Inc., provided a bid proposal for correction of the improperly installed flooring amounting to approximately $8,000.00 for removal and replacement of all of the hardwood flooring in the first floor of the property. A true and correct copy of the bird proposal from Restorations Unlimited, Inc., is attached hereto as Exhibit "B" and incorporated herein by reference. 22. It is believed, and therefore averred, that the hardwood floor product originally installed throughout the first floor of the Property is no longer available from the manufacturer. 23. Because the defective kitchen flooring is contiguous with the other hardwood flooring in the first floor of the property; all of the hardwood flooring must be replaced if the matching type, color and grain of hardwood flooring cannot be obtained from the manufacturer. A 24. Simply replacing the hardwood flooring in the kitchen with a product that does not match the type, color and grain of hardwood flooring contiguous to the kitchen flooring would be insufficient to maintain the aesthetics and look of the first floor flooring Plaintiffs were promised to receive by the Defendants. COUNT 1- BREACH OF CONTRACT Plaintiffs v. Katko Inc. 25. Plaintiffs incorporate paragraphs 1 through 24 above as if set forth in full. 26. Plaintiffs tendered Two-Hundred Fifty Nine Thousand Nine-Hundred ($259,900.00) Dollars in exchange for Defendant Katko's promise to deliver the Property as set forth in the Agreement, including properly installed hardwood flooring. 27. Defendant Katko breached that duty to Plaintiffs by failing to deliver the Property with properly installed hardwood flooring in the kitchen area of the home. 28. As a direct and proximate result of this breach, Plaintiffs have suffered the damages as set forth herein above. WHEREFORE, Plaintiffs Scott and Penny Feeser respectfully request that this Honorable Court enter judgment in their favor and against the Defendant Katko Inc., in an amount not in excess of 535,000.00, including interest, attorneys' fees, and any other relief this Court deems necessary and appropriate. COUNT 11- BREACH OF EXPRESS WARRANTY Plaintiffs v. Katko Inc. 29. Plaintiffs incorporate paragraphs 1 through 28 above as if set forth in full. 30. The Agreement of Sale entered into by Defendant Katko on July 23, 2003, provided a "One Year Builder Warranty". See paragraph 29 of Exhibit "A. 31. The language provided in the Agreement of Sale fails to elaborate any restrictions on the express warranty. 32. Any ambiguity in the warranty was the result of drafting by Defendant Katko or its agents and the warranty language should be construed as broadly as possible in favor of Plaintiffs. 33. Defendant Katko had a duty to remedy any defects in the home purchased by Plaintiffs for a period of one year from the date of settlement, including the defective flooring conditions described above. 34. Plaintiffs provided notice of the defective flooring to Defendant Katko within the one year period provided in the warranty. 35. Despite Plaintiffs' demands to Defendant Katko, Defendant Katko has refused to remedy the defective flooring conditions. 36. Defendant Katko breached the express warranty by failing to remedy the defective flooring- 37. As a direct and proximate result of the Defendant's breach, Plaintiffs have suffered damages of approximately $8,000.00, plus costs. WHEREFORE, Plaintiffs Scott and Penny Feeser respectfully request that this Honorable Court enter judgment in their favor and against the Defendant Katko Inc., in an amount not in excess of $35,000.00, including interest, attorneys' fees, and any other relief this Court deems necessary and appropriate. COUNT III - FRAUD Plaintiffs v. Katko Inc. and Katkocin 38. Plaintiffs incorporate paragraphs 1 through 37 as if set forth in full. 39. Defendants Katko and Katkocin represented to Plaintiffs that there were no defects in the hardwood flooring in the home and it was installed in a good and workmanlike manner. 40. Such representations were material to the transaction of purchasing a new home. 41. The representation was made falsely with knowledge of its falsity or recklessness as to whether it was true or false. 42. The Defendants intended to mislead Plaintiffs into relying on their representations, in that the Defendants knew that the defects were hidden by their efforts to conceal the defects with the wood putty. 43. Plaintiffs justifiably relied on the Defendants' representations in that Defendants were in a better position to have known of the condition of the Property. 44. The resulting damages, as more frilly stated herein above, were directly and proximately caused by the Plaintiffs' reliance upon the representations of these Defendants- 45. The Plaintiffs' injuries and damages were the result of the gross, wanton recklessness of these Defendants. WHEREFORE, Plaintiffs Scott and Penny Feeser respectfully request that this Honorable Court enter judgment in their favor and against Defendant Katko Inc., and Defendant Katkocin in an amount not in excess of $35,000.00, including interest, costs, attorneys' fees, and any other relief this Court deems necessary and appropriate. COUNT IV- UNFAIR TRADE PRACTICES Plaintiffs v. Katko Inc., and Katkocin 46. Plaintiffs incorporate paragraphs 1 through 45 above as if set forth in full. 47. The Pennsylvania Unfair Trade Practices and Consumer Protection Law, ("UTPCPL'), defines "unfair or deceptive acts or practices," in part as follows: "(4) "Unfair methods of competition" and "unfair or deceptive acts or practices" mean any one or more of the following:... (v) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation or connection that he does not have;... (vii) Representing that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another;... (xiv) Failing to comply with the terms of any written guarantee or warranty given to the buyer at, prior to or after a contract for the purchase of goods or services is made;... (xxi) Engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding." 73 P.S. § 201-2(4)(xiv). 48. The conduct of the Defendants set forth herein above constitutes unfair and deceptive acts or practices and is a violation of the Pennsylvania Unfair Trade Practices Law, 73 P. S. §§ 201-1 et seq. 49. The UTPCPL allows for a private cause of action for any violation of the Act. 73 P.S. § 201-9.2. 50. The UTPCPL allows recovery of treble damages and attorneys fees. Id. 51. As a direct and proximate result of Defendants' unfair or deceptive acts or practices, Plaintiffs were harmed as described herein. WHEREFORE, Plaintiffs Scott and Penny Feeser respectfully request that this Honorable Court enter judgment in their favor and against Defendant Katko Inc., and Defendant Katkocik in an amount not in excess of $35,000.00, including interest, costs, attorneys' fees, treble damages, and any other relief this Court deems necessary and appropriate. COUNT V - NELGLIGENT MISREPRESENTATION Plaintiffs v. Katko Inc. and Katkocin 52. Plaintiffs incorporate paragraphs I through 51 above as if set forth in full. 53. To the extent that Defendants argue that the Agreement does not apply to the quality of installation of the hardwood flooring, as described above, Defendants had a duty of care to the Plaintiffs, as the seller and builder of the Plaintiffs' home, to properly construct the home and install the hardwood flooring in a skillful, careful and workman-like manner. 54. Defendants negligently misrepresented that the hardwood flooring was installed in a skillful, careful and workman-like manner, which was a material fact. 55. As the builder and seller of the Property, Defendants should have known that the flooring was improperly installed. 56. Defendants misrepresented the quality of the hardwood flooring with an intent to induce Plaintiffs to purchase the Property. 57. Plaintiffs justifiably relied on the assertions of Defendants, as Defendants were in a better position to know of the quality of the work. 58. As a direct and proximate cause of the Defendants' misrepresentation, Plaintiffs have suffered damages of approximately $8,000.00, plus costs. WHEREFORE, Plaintiffs Scott and Penny Feeser respectfully requests that this Honorable Court enter judgment in their favor and against Defendant Katko Inc. and Defendant Katkocin, in an amount not in excess of $35,000.00, including interest, costs, attorneys' fees, and any other relief this Court deems necessary and appropriate. Respectfully submitted, CALDWELL & KEARNS l oodburn, Esquire ey I.D. No. 81786 Ray J. Michalowski, Esquire Attorney I.D. No. 87135 3631 North Front Street Harrisburg, PA 17110 Dated: Z (717) 232-7661 3 05-234/98078 VERIFICATION 1, BRETT M. WOODBURN, ESQUIRE, Attorney for Plaintiffs, Scott Feeser and Penny Feeser, who is authorized to make this Verification on Plaintiffs' behalf, verify that the information contained in the foregoing document is true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: ; /?? /o a- 05-234/98097 STANDARD AGRE'ENI7 NT F(9WTHE Sfi,F,E OF HEAL FS FATE A/S-2K - I.nmr...ai. .re,. gr.o r. ,m,u:rro n:rl .,rlr. r.ne. rnS rnrlraa,LV >xooa„at uFptrztxm rrnp.) 11 IRCSMj SINFSSRFTAIIONSHIP%SJ'jH PA III(-BNSF 1)15RO V, VK / YkORI' R Y(ongrdn.l PHONY: .UPItFtiS FAX - ItROK ER IS till AGENT I(Wyis Fu It stpnated Agent(slfur Seller rlppIrA,h: Og 6 r okl' r is NO[ t he Agent for s,( I k rand is r/an: ?AGlNI FORBUYF,R, [J 1 RANSAITON IACENSEF 1 1I L R'S BI>1 F SS RFT ATAFh,q HIP 1YI7 H IA LIC'F.NS ROKE R ?cP ' I (2or - : ?mP 100 4 IC e1 6O :.?? 0Ng Y , BROKLaa t pan,)_ I 7 - DDalss ?Z751 t1 J If 1f i )fl ?O-,_RRRSE3 L?q. ?E ?71)?nz_ EO BROKER IS IHk 16EN"I I'l BlJ7k. R. Designated. Age tt(s)frr Buyer, rl Applicable: _ _ _ _ OR broker is NOT the Agenl fof Buyer and is ,fan: D AGENT FOR sFA I LR D St'NAGENT FOR SELLER p TRANSACTION JAC ICSEE' N'I-r Or sane Broker is Agent for filler And Agr d for Bupen Book" is. DrA Agent. All of B k also Dial Agen6 0NLESS fl e separ t D g aged ilk 1 f Boyer d 1 If I If th 1 r" I" i f t'd for S tl d Boye th 1 e ri D ..I AgenL t (?i?Jl.?'i k?(?l'ffin Pl{? it td 1?? . g SLILFR(Si _ _715 ??. _Llt? ?T"S(n?C.l y c Iled Boye'' 2 2i'ROI'ERI}(1 98)Seller lerrby vg",-,toselland wm'eylltnrer,,,hn hereby agreestopritR. e - 1IA LIIIAICIRLA IN lot pieceofgr r 1 thbuildings S prove ribthereone to,), fany,kto r: s Infer Jy rf >U th '1Lt_y?e?}-p? It 4?i3_ _ ( r).,f t 4t+?^^_hPf I?1 ?(? _ Be(.. rat Imo, Pet .1 tn, z.;ptroll ti a 11 I Drat It g, lax ID p Y .I d; Lot. Rlmh, Deed D k P-g. Reou dig Dmel _ ?y? J- l/ Lti 2 le _ - , - - ) l 1 RNIS(i 02) 9 (A, 1 n<hn I rke T1}'?C? ?tU)?( f eE,l__ 1 ?) I v..°-??i36 , I tl n( I ?Z.?, C.ttnr.- -- - 15. ,E US_Dollers n t d.irh IIb ( 11rc11 6 B- or fil .. t 1 Catc k -tepI this 1g,,nw _ A t C. t h d .. n 1 n of d vron of m Ag rm,m _ 5 _ _ _ __ eo S 2 9 - 4 (-a t r , .. k I I nI me 1 S 2 I? rBl P...... I podcnavs r Ipnrl, sip 'mbchddbyB k to.S,Ilmo ,oth.,•1, snmdhae._ 25 (1 SaOel ..Afro. I l r nr. ,t lxf r 1 ? off fG LC 8 r?,e1 at ] SCIIet agrzC rt IF Crnn,- 4.•.nSella se011, by tat_ 11,1, decd nf,I _I vremya Ihaiwire'i-e J lyre (1') fay.... I of Il MCI 1:1\f 1 f ? d "1dC 1 gllally F:PI WCell B ""',rd Sell ! rl',\ nl b", I' Ted hole. JI ((,i Anim I etlutu .tl t Ilns g..d]N tdlusted pro- t nnualy to bel.unfir" red S,Iler, relit erg wT ere:pfl cable: m... 32 (,er 7nforn?l lure Regarding Tax PronGrn), rein: interest on mottgoge _6t mp sores cordon oirn lees and horoeonm,r assorianon fees. If JJ :my, watn a,d/nr se..rr lets, if any. t,,, b" with any other Itetmble s,vr,,al scr.ar. The cbargu are ,, t, pmam,d for III . period(s) at t r .. red. Scher „ill pay up m and mdodmg the date of ,,,]I 111r, Buyer Ill pay for all days (olln..ing setdem.... unless Oh...... stated is here: 36 Ji 4_ FIXTURES & "TISONAI PROPERTY (1-00) Je (A) IN( U T)1:1) rn this sale and firths,, prim are all ,x Isle.., Mein. permanently Immlled .n the Prop,ny, flea of yens. id,lir, plmnbing, 39 hearing, fighting fizmre, ('mchlding chandeliers and celling fans), wAler ..eminent sywnri pool and spa aIf ipmenl', gunge loot opener, ao and ii... le, rtsc, so, a,I...m, shnrbtxry, plantings Jnd unpoued ores any remaining hosting and rook,,, fuels sroted on the .1 Ropmi At the time of - ul r. Il 1 'Al ar,,Oor, i wcnpg ha drvnre, ,h,,d,s and p{Imds, bIt in a r mndtbo,r,, built ,, f ? a2 Y 'q yy plea.. es d rh g/ 1 o h sated: AI t 1 ded-_ yOLyy Q 'O bC AE L C J)OY s, -ll s'iI'C iltl T ? ? ' Dg.-.ta DLC 1 hex ) -[1L rIF? 1v < Yr .nr< , f - -_ ?S-?Cf I t0'?r rICI as (B) I-FASCD lens (not ow d by sdf, iQ EX('LINLD f rrr, a d t ms ae S DATESMNIB IS OF RIE. ESSENCE (1-02) e9 (A) The said dete for sullemem and Al olhrr dme3 and times r,f,,,d Io for the pef,,Trana of any of rhz obligaUmts of this Agreerem are so agreed to be of the essence .11111 Agreement and are binding >r (9) For III, purptuev of Ifit, Agcer„t, number of days will be counted from the dnte of elecnrion, by exdoding the day rids Agreement was 12 rxr,or' and indirdmg th, I", doy of the time pe,i,A sJ (Q l'hr date of sellomun is nil extended by n,, other I.... It or this Agreement and may only to e,I,rdod by ruwd t'nncn ag.eemer of 51 the psrt", 55 (D) Cermin fire fronds ire pre-proill,d in this Apeereru as a,oovnnience to Ole Buyer a,d Seller Any pre-printed Inn, periods rot rgri ablr 56 and may hr chang,d by striking not the pre -premed ti,m end Ir...t rig a dlfismr, tiro, period arcepwbl, to all pmni,s_ 52 se Breyer inilfAs: A/S,ZK Page l of8 Selfer lnitials:_ _ ?_ sv Pepna)9vanla Al diction of COPYRIGIIT PPNNSVINAN1A ASSOCIATION D R AF.TORSO ZWZ ® REALTORS- owe -.uw .....,......re....?,._. ao 6. 1IMI GAC F.( ON I IA'(: IM Y(102) IT ? vA V) III Ifl, I , %01 .I m.) 1 ngng f lnnang x I:IIt II1 q . / ?' z J ?U) /g.6 p 0 r 011 11 I J??,,? g l I , g -.r f ll r IF W ? 61 M l ? ) Fs t l I t cc e 1 sI '... h Bu) J a}. Iryacta?t lhe))rrtty t rate s rv file cwnn m ? 1 by the mongnge lend", not to YM e) ro I .... rai 1I ..,_2. (_ r b o b5 69 ^ 0 1 l I. ."in I., "tFullu 'IFFF 1 f " 1 "d I.._ haged t Nc lend,, I rcrr r 6 of Ih onga f, 1- (xdodmg 69 Z, r m . e out, ,< h. .n e pre a III `A rd1 f y r ,u it ".ve nd - ( '7 IyS. f.cupe- fed) If the mongage Form. m n lh( ...onar r." sad Icm pro warms luuned by BIt", I, sll,fud If a mortgagelends n.ak"s available to Buyer NI right u, gnaramee an n x Irn"m_.1 .:m1 :J nr 1>::u+u the Marmon Interest Rale Y" 'bell herd. with the r""bge fees at ur below the mnumt slr_cified herein. Buyer.. 7 n ?,,,, S01a Nc right, n Sinter s sole opnon and ill "r nmcd by the mongage Ieruler and applicable laws, m 'Inl le fin,va lally.."Inter 11 71 pI _ If I nh.r t. IF 11 - Tit 11.1 11111 II g 1 1 to mike tr alwyc Ill Fl to l able t If oy" 11 7_ W) sA' llr /V_ DAl S r (t: vs I Fir i. c 611) r f rho - t on of Nis Ago menl Itoy ill make, m I feted, lainrn mongage ap laad.n 75 A for Nc ulongagr none, +gx died .1x111 w a h1"IFFIible mortgage Iender_ 713e Broker fur Buyeq ff any, otherwise the Broker for Sellr, is 71 n null. -z 1 t am to wuh 51 K' a ten r Ion the purix u of ass sting the ntgir loan prmrss. 1 ` 77 7F ((-I I Al iglt oar nl one, utdale - ? q1)l? _ _.11 l1- r. t11 _ (l ree"l"ed by Seller by the alxrvedam,Buyer 7-1 71 79 and Suter ngnr tit rxtend In ...For gr r nitmrut date untd Sufferteruunates this Agreement in writing Try ittine to Buye r. a 79 ra ,. IrprIF r"c1Pl of a lnon),agc I(rounitmrnL III,,, wl ll promptly Fern,,, nrpy of be Iorrumuner 10 Seller. - so 5i ) S111cr h:u it,, opnon ur terminal, this Agrer out or writing, aficr the mongage cumnhiunent date A I,,, mongage Iormeral'un. 111 52 1 Is not 1.10 rural the dam of sen1,1,,0 OR B2 9; h Is corulm oned ufwn l he side and senlemeal of any other property, OR. 511 c. C'nnunly any odsr uu.dumo not stxri11m1 in Ilvs A,eame afran e, nw sunsfiM amVor removed in writing by if,, mongage Iender ea F5 wllhln _ l_ DA) IF she, the mortgage turn ntinterior Jfin, in paragraph 6 bQ (1). e5 to 4 IhblsA,,,irtm ao-smmanzt...... Freedor pmagmphs6(1 ) (])in Of.., llzmortgage loam u not obuined for Find ement all fwint moons V, If larI ,I ctrl o...I of pure l'I" prier nr11 ix renonar I. Buyer It.", well Be I, "'r sable for. jury pren rune for .nch rrics' lien insurance uncloor 97 as ude sr:uch-or Ice for rair, 111lu on nl Ianro_ II any. AND/OR any purloiner, for Bahd nnsufzncr, mine subsidence neurane, anlVOr file in,. e8 I, elm, It, "I'A"I cw 11111,-_ 01 "re" i anm fee .1 a.y.ANIVOR ary a iti i>.il fero and rhargcs paid Iu advance to the mongage lender. e9 (D) If the ......gape leudor r,uu, rrpdue it due Iholany. Buyer .?III, upon reccipl- debver a copy of the mongage lender's requir,all ro Seller ea 91 colter will..vuh.. e DAPS of rAFF t of the unIr,l F lenders reyu[rements, notify Buyer whether Selk,,rB make the relrylfed repa'us 91 n at It, 11" s exlrcnse - - 92 a- I If Sell, I chno . 1, 1 . rdc Ill "F il,cl It . fil , . all aecrpl be Pu,, ary and agrrx to fire REI I NSE s,, IoM in paral25of Nis 99 Agrec.hrm 94 _s If Seller , he., II not e, I,b, Ore rnlv.ed r,o I. or if Sr Be, fads to respond n,thin the time gly"n_ if,.) will; within- 5, DAYS: 55 only Sclln IF .r l( of Bus, I I. _ d ce m tem.. : r. Nis Agn l :tit OR make the "qtued u p r l' at Rover's expeme Ind wth Seller 'I .o s. s.... rl ,III noI h, ro,r nab", uhheld. It Sell- do s It., I pcrn(..u n ,, "Al, N. y rtl repairs: Buyer - fully. wohn, F9 se I DAYS I III[)' I : 's dent, t .tie Fine A l ut a 1, or huh xu all dqe: t races paid ou aceounl If pr chasrpnce. wiB be " q. mnotakrInongnly m Ruyo7 end this Afrecmrnr will tie VOID. - 99 tnu ![1 IerA,,,,[ -- - one for NOI APPI R:ABI E lot Irrz Ll APH ft AM I-. III Hill :.dl paw - - boa tm ? S mavnntrn..ward Boyers costs as p(milned by the mongage Iender -M lo our lilt FH.kA, If APPIM ABEF: 105 rob II) h i. I sk aprced 1 11 Fur T g arp Fo r'1 I rnns of bu sntrtct, Buyer 1111 1.I be obhpaicd Io complue. the purchase of the 10 107 Pooh..., drxrihul huem or ¢ I or any penal , by I: flour, of evne,t money d"Farl or oNelwise a less Buyer bas boll fir "o, in ill 107 11-11 dorm- wot, tiUpdH V %I, ems. a tiuine. s....Nenl by Fire F f rat Ifoosing C tit . s r r Veer: a Admin r. tr t , I. I Dow OF m9 Ill i it, of taFull, n - forth Fi c f 1 Seel tarn of it. I r Ill if not less Ilia. I _ (Ne 1 II- amount to tire Im ro imr r eel s the 11111 I u 1 sr. edit t A.... mn.) B11111 1111 rare 1111 p Fvdobe and l (uh s f"re 1 g nh con_umr11rlua of the on no m ua o 'r t.I upa,(I I_ he ar .,oa old- ppraisrd "I mop. Hie apf - d -lunfrrvn .. illd aI to 11rrnl.c fill mu mongage the 111 t;2 Deparm eh I of Hou g :lid Umar D Lmcm ,it n e HUD Joe a ra l the Frill oFill co dolot of the Prop"ny Buyer should tit It, >otisf hur,"IfAr"I'lf that fill pncc and eonJlllon of the Pill a e aecgvahlr t 1I) nn Warning- S".ii"i 1010 of lido IR. US( [),parnnem of Il) sing and Urban Ikvelopmem and federal Housing A&FOisnallon ill ns Irmsavon.. pm.udee, "Whtmvrr for the orpil, If influencing In any way the m..hn of vuh II, panmen1, makes, pain, uners or pub- 115 tie Vlu r, any rarenh"m. knoll., File sans I. be hose shall he fined nude. B.1 'FIJI in imprisoned not nine than two yeas. rn both" 116 117 (G) II.S_ Unparmhent of Housing and U,tr D".rluyme.t H111H NOTICE: TO PURCHASERS: Buger4 Ackenwledgl•men( Irt na ? R IIII Its rea-rved 1111 Hill) Notice for YoukProtcawo- G"1 a home Inepu:u(n" file Notices and Inforznatmn I'll Proper') Condition In 119 Insp. Fruit Buyer undrr.murh the importance of gating an rod, pendent home Inspection and has thought atoll In, before signing the u9 uo Agreement Ito 1;1 Bayer's full 12, D2 (11) Cnrtifucation Wet den.gued, Sell r(s) and bbr,, (s) party to dui ¢' coon each certify ghat the rehmz it Nis comracl for po¢hzee are u2 111 true 111 the hest of our kno11ed,, and to-b, I, and that any other agreement eunInal non, by any of these panics In eco nut lion wish this uanjac- vs ,IF don is anxhul I. Ibis Agreement 121 1.s Z [NSPEi-VIONS 0-02) vs Ile (A) Seller al11 to "anon Full"' tall by aothorized appraisers, repuubf, cenifi,,s. insurer's represennatrees. sn""ta" n ,.pal of ie.A, and/or nb yr Brryer as may be requnmd by Ne nuum e Iender, if ary, ol uhmnng agi on_ S"Ila fnnher agrees to permit any oNa Fr,,, ions required by 121 ,IF or prov.ded for in the tems of rus Agreement Buyer has the tight to atreml all nnspecuona_ 125 12. (B) Buyer reserves he Fight to make a pre-eatunent walk-through inspeclion of the Plot rty_ Be"' I .ghl to .rake To mspeanear Is not woivzd 1. Iw by any other proillron of the, Ag"Inill - 1w 111 f0 Seller -01 have Inane, and Ill Forill... (including fuel(s)) on for the luspe r ono. 1n 111 (D) All impcaors, ududn.g home mspecwrs, am au land by Buyer in provide a copy of any reports Io Broker for Buyer "I 131 8. PROPERTY INSPECTION CONTINGENCY (1-02) in ire „Other provislons of fill Agmemenl may provide for inspections and/or ceruficwons N:n arc not .areal or illeedby Buyer's election Will, 196 )s WAIVED. Buyer vndasunds Nat Buyer has the opnon to IN...I inspections of Ne Property (sec Property Inspecdon Ncln,et and 115 tie Environmental NOti¢S). BUYER WAIVESPITS OPTION :rod agrees to the RELEASE set fonh in paragraph 25 of this Agreement 136 117 ? ELECTED rn ire (A) Wldtin _- DAPS (15 days if not specif eel) of the execution of ties Agreement Royer, al Buyer's expense, may choose to have ".spec- tie 119 urns and/or certifications can,leled by hoe rred or otherwise quainfied professionals (.tic Ikopeny Inspecdon N,,n,l and Eavirnnm"nml 1A 1w Noli¢s)_ This ra n in,ency does not apply ro Ne following exisung conditions and/or Flom,: Ina 141 142 (B) Should Buyer dild lohave a home o? ,,N, on of the Property, as do foul in the Puor,lyanta Home Ieq torten Law, (ice Information Regarding our 113 the Home Inspection taw)11.-11 home..,,,salon shall be perfouned by a lull «rent nn good sanding of a national home inspection aseoci- Ill 114 anion, or, by a person supervised by a full member of a national home in,pcetion a>slxiaGOq in accordance u-r1h the ethical standards and end, 1111 115 .1Vonduct of practice of that association. w5 116 ?( Buyer IaitEhli' _._ A)S-2K Page 2 of 8 Srller Initials: r_1LF 1 _ tab -1m ?.+?'`. (q IfI[ s nxpaq'l I Nth lh. will 1, ,1If, I,o t.,eIn'eit , , .stoo' npr l_}, yrI 1a7 tub ? OPlion I- Kfill in the that di ,eIF for anopl,111 imperfioes: 1 1ti,t the l9 Inc, h amt II,I,d II I.,I1>I and rot 1, Ir nial ,S L. x.l forth y , I.pit 2a of lhu ARte,men, OR tie tag ua a ,1 Je m:nc ohi. It r.. :n(:nm I, lob,to s 111 .vluth d1 III st,11. fod.na1I. "III '. f parr hnse tell 111 be rein d. rso 151 fr'111 11h IIli nl lb o- Al'. n IInldlII Iilla_nlt Iv 152 1. f-. i do :rim t [I I IIl e16l tv;-af -ena I",i s,1), pr u:,-I r. rrn,o,r e s 1 .I, l'rol.,, al ral'redo 162 15; 1 Duo, n, l n a.r , ., IpI11, n Ill, : II).q'r Iond1l.d r Of 151 , Lit .1 1 11 :t d1it(Ie 1 ,J 11101 .II . Moll F3111 , 11 ..11 '1 1:I sP1•1 Ix11 I rime ail, A eleunent w ith in 1It ISS tlt none p) l(r < (11 r plc l inl Ill 'in lG v... l i 1 1 ,.11111) 11.1 efG lIIll , q IIII us If, ? I)ptton 2-Kit1'in the Inor gI , n for .I.. Iplo l lug in.pe,,to", 10, q1 I. AereelIt, 111 1,uhd,rnr rI I 'eomd hI P1TI II: 1 ,I I ,, tin. R I I hASI-. xeIit pn,g:,ph 2'1 if de, AD, on-al. 1 11 117 150 I M ISit dreg I I" I 11,...I.1 l h, wren r,t In I, Ill i , .It o, ha, S - 159 2. If the ¢,r.l av, 1 ... roa Ihr t I , , n , ell n h: eeIran V ! CC F:P. U$.d , 1111 s{ c,. f It I IF I relgraph 8(Q IDPI 1 On 2 ) I. 2 155 '611 Bus Is III drII I I IIFI mil I I I I l,, Sri I" IF "111" the tool 'IIIn her in'Ret Jinn. 160 161 .,. J 'I Ili Iher.III, Ilhlo RU "S de.1,o 1 dI, I, - I rasl.r I. It 1„ me of Sri hers Ill IIICI ,61 r6^. f 1 NI:i, I Tlutill ill e I I I tool l' .. t (`a 11 r on dl1,. f nrl.nned d' rc po r l ( S ) Ic lc t i Nano eyvatm I J1 1 1If 169 the alnonnl a 1111 hetl m paragr111 1 11 k 11") (fheron 21 1 163 1K f;l (}t 11,1A IIF 11(11 eel 111. if,, def, ,e I'll II In III, {,area CC.I (.I repo 1,0g the condllons Conl,ired ,I the e,d(5) IIt 165 and d.: aarount xhx, d¢d r. p ni, I ",u1 If (( I I( Still. ' 1 1 111 opJnn lnuu Im accrpllilahc m Nemongagc IF Fli If any. 166 I66 - (I) NoI k .pmts and mdll Iluce I I tl moll h, y a„n In Iq: IF , dtnom comat.ed In Fite "'oes) IF a 166 061 b. If Sala 1 Is"l II make p' r r. I'Ioll N 11 1110eme I grcti1filed I It Dal aDaph S IC) IOl tion D 2. IIuyer „-ill a, l the n) R,e I'oop,n) nnil , F Io the R111AS6 so, fi,ndi it p a r 25 of his Agrceme m. - 166 169 - c. if Sl -1 v- . to l'.6, f-ls ,11111 edit If Ilr `aFin , I. -f Selit, Roll In drape any optrnn v)Ihi. be lime -169 ro gi, en. Ba e r Is i ll. lh l n DAYS t no ad - (I1 Arc p1 in Proper,, II fid,mna(. Tared in the }was) and apol, n, the REI I SE 111 fnnh in paragraph 25 of Ihis m 122 %yI.I IFIem. OR 1,. 119' (2) 11.nnnone t h is A Free nw in l lit w rlbng by nonce ioSeperm„lo<hra_e aIIdepm.itmonlerp,nA on 111 of purchase Idle will 113 na 1, ,,Tuned promptly is BI!,c, and this AgmImenr will be Fp1D na its 9. WOOD INFESJAI ION INSPFW]ON CON I INGEN(' Y(1-02) ro 176 1 ? WAIVED Bu,rr Mellow 1,OF,(Buyer bas theojn inn na rrgnen Olann'RolmnyIli lnspeu.it for wrxd mfeslal ton by a real fell Peu(on0ol 116 to Or. i.rBUl'ISR%lis lN6OFIJON -tel ,-. iolhc l1l71%Al I'11,11 tin In Vag'ph B of lt. Apreemrnl 172 BB l ?K BIIUT,D /F pwQ UiAPaC ? AtiF t rte ms (A) Within , a) hill 15 d.l if l ,, fu,l) II fi'- won of lie ACreenIcnr B l,,, it [In,, 's exlmnse. will obtain a w!11rcn "Word- no ten I oy,ng Tell, feenatlon [III iwalon Rry,nn' borer a reared P, I (I'll nil Op,nnnl null u,ll delhe1 II and all suppneing doldra It and 100 isI .11 all, I" dM l y d r Pr,, (Crnv,of Ol.at n to Selle She r'In)T t is n he ode ati I, so, to and It 1 , pl ma r 11. a I pile-bin II.vI .ion-' 181 ter gag. It s an. V, Fed.nl Ilvri g Ind ( '1111. 6 Afenp ref . r l If on} The ne",Imn wll t. 1u1e all alilb ,?the and 18, it, a¢ ll-nrcu, el all:, urson Fill 7 tw,rv..cc(11 (=Ilevlup al .euhuhull rrbc L,praal I e) 181 tea 18, (B)BII sT, ae,e 1'r, duI, tf I (I, d,IaI,ol) SI Ile n p res it s I..Ise nwid IShre elllenenr to to fIa,h P I'll4 ... IIn IIOn(s).i0arcoNaur ' v 1111 app, rrahlc l a'a'S 'ab6 lio (f) ItIll, .I Alen... I:l agehoe rc e lf:slallo f)v Ire, 1rs f' ,f_p.Bi1 y+t, It Buy6 sevf'I C_h:'Jropt to nbnnawm- 107 16e Ion pfIb l7s lr r:I. IF 11 1 1 I 11. F I L _1 c dd F IF net 11,, f 'get the P 1 or Sdd , leg ,Bit by .d deem n(.I,), ttr a. rid a I op<vl r,L. till to _e N, w.ll Irf, I e tin t 1 aunt dm p. rrfwn and c aAre Ill to res 7In Sell .,shin ]_ DOS Ili Oil 1 11, Fell, l ,-f report. t9n I95 ,roI it)) Wr n 5 DAYS l sI, -Inptill 11oId-,aog Front -..d(Ie ,r k.opo=lf, 'All rvllad;111H,ax-f,Ih,, Sella oil repair, aI 151 192 -Sell. f -nsr till 1 i- -enlema I Ins '_o-uaural do age Join a I r,tol s u I snnieri(I). 192 193 '(E) IfSllr c ltwuses¢It y ,III ton, Il at dmng r eatenbylit, n,It'll -grI to a-npl Oci mfx nc,u. ........ I and a(eee to the RELEASE M IN sot fonh In E,uag,aph 2S If It... After ln,ll, Ira 195 (F) Ifs II Looses eel l ,nlrwr I I- ape mve-,l d is Ile o"I'll I -f I. IF restwnd Ill till tin 1', n, 19per, w d1 n_ DAPS. In, 196 wit] F"&y Sell, l 111 % leg of lluyaT lhclc.' m 196 or 1. lrrI'll Be Plot rip 11 Ili :he de( IIr 't'hen hyfill all'I a11.,cdI b.no'Ill rt fl L1, and a go n n the RFI.C)SE Set lmlh In pars is, IF, D rhlet Fill Agmeln'ns OR toe I99 Milk, it,npai. t fine s,itlavl. If requ :i by hill n"a" leader . Lm,,., Fr" I sI*Ix sl.rd, 11, Seller's pt, ;son. Is hl,h lid 199 Ill h nn ..o ably ,dlhheld. , Itd1 .arc B1ucepts du' file, , art apt. ' m III, RI I EASY set Ienh o fvogrq,h 25 of Ibis A. 201 Ay .0.1 It S II den s Bu, I uo. not Flat de Iepa1 s 81,11 , nhnt 5. VA) S c(x la's d,I, ¢nnl at, this 201 m2 Ap,ro e11 Fria O. In ,+ht,h cast 'fl Ili ponln rs ,lid oil,( n _IpIIJhill bill, 111N ml nl lion Ellg to Bitter rein ibis lw Na Agmenwut „tit be,'OfD. OR 2011 70, 3. T,mmnme fit \Gr 'rite ulinr,n. xl tch .tie Al d,poa 1 ,nor es pa <I o Filter of 11'.11 h ..l "Fill .vdl 1111 m,d plc odAll 1o Buyer and 201 205 this Agrcelnan.. be VON ms 206 10. RFSIDENTIAL LE AD-BASED PA WI HAZARD RPDD(IIONA( I NOI H E REQUIRED FOR PROPER I IRS zos 202 UI?p BEFORE: 1998 (1-02) 207 Zoe OI APCLICABI.1 208 26s [] APPLICABLE 209 l1q (A) Seller represent, that SOR, Ws no km><Jedge mn. o g the pre..re, of lea ,bao d lineal and/or lead -Loll palm hazard, iu or ybom Fire 210 211 - Property, unless On,kl tart... ? 211 2112 ? Seller has knowledge of the presence of lend based palm and/or lead d-baled i t t al Id,1111 about the Ptop,ny. fitter ,'ide the bait for> r2 na Ilmnitni rig l hat lead-based Vaell inNor innards en the 1'. of the painted vldacq and other evadAle lefeoll au na tron roueeming-Seller's knowledge of the pres.... of lead-based f iru and', lead -belled paint hazdrds.) 2W its 116 (B) Record s/Itepor6: Seller has no ,.pons or records peda,mng to lead hired ptim anNO 1 . d-bauA Va 1 hazards in or ahom Inc P Opens, 216 217 unless cbecked below. 1 211 210 ? Seller has provided Buyo ,Ili all available recoid and report pamm.l.g to Iead-based palm anlVOr leadbased pain hazards m or about 21e 219 till I'll . (1 -lit lx *Kn16) 219 2s) :.:: zoo 221 (C) Bhp *s Acknoe9edg menf. Buyer li r ce v.d due Ir l PrmegYear Fllnod fr,ra Loref in Your Nome and has read the Lead Wentiuga 221 211 Sta,e em weaned in this Agreemenl R, EnvleohRlerttal Notices)- Boye has..... .ed Seller's disdowre of known Iead based point and/or 222 229 lead based pane hav ds as identified to po dgrapli 1(I(A) and fiaz receivl rile records and reports pertaining to lend-based Law and/or lead- 223 zfn - based paint hazards Sd v ficd to paragraph ID(R)_ - ' - 221 ou Buyer's Burials - Date 225 n6 (D) RISK ASSESSAIENTANSPF(I'JON B, kit vldgs[Iat Were Lt,e s sh ll boy sd:m 1d 11 g bull, before 1918. Buyer V6 227 -)D DAYS 1. Inca dsk.ese at, tm'spt<um of line Prince, t he fl ] b.dp I ando, lead barrel prior fast 221 rte WAIVED- Buy,, and n l Nat Buy r has the right to o d a a risk a s a e t 1 In pt, (o f the Violent, no d term the Vessel of 220 229 hell based point and/' ]end -bal pam holiness . BAYER WAIN ES TI BS RIGHT and [,rtes to the RELEASE set forth in paragraph 25 of 2.9 2w Ihis ftnee nern 210 231 ELECTED 211 112 1 Buyec st Buyer's "poese, chooses to obtain a risk a sessurnu and/or inspection of the Pmpen for lead based Ron, and/or lead-bast 2az at, painl hazards The risk assessment and/or inspection -41 be completed within _ -IQ,- DAYS of the execution of ?? hh , menf- 233 2>r \ Buyer Ini ls: AIN-2K 11 3 of 8 Seger Initials: 1.?L z 3+ Within the fime .wt bath ahme for ohtairial, the Frol, 'ti nom armor iu"O on ,I the I"O'n ay for lead-baad paint armlet rata Iend-based paint harar E, Buyer ur:n dellrrr m Srlhr :I v:nIF n h.t of IlIL ' if:, II, 1, canIoa.a a.hav,s . not m ttre i , , • I and iho+e rib . t s revues In, Buyer d" It pih a osps old A _<..:c t I : i1',. t..i tcpru I? I' 1 tar ,.,3 11 ,coda. J UA]'S o! , fF- 1, 1 ii put I16 I 111 e-a i. IF ail:l . 11, ton,, I I r µwl 2a t,. ,.coil Isl da.t urn Lis 1. ii I,d to_ d,. if '?hoII ?IIn2. ..pa d: p..yae1 . Ikit nd,it r l.. u.e a. e.... t I SeII I 1 259 .• will lnHsrI IF t: ,homeI «sn-, y.lx.r 111 at. 1 11 11 J _.1.11 III b. .,?nfa.U. k- IIdel,If , tint. . .the 11no ?.poole I, d wrap) l non II ntr ^^t A. illx,n ui mgihe e on et, r( pr,po al. B u, o.. .. i t tun 5 I!A1dl 11..11 A,, IIill, ,, r rt I.ropssal.rod tf I IF Ill non, .and a 111 . w On Rtrl 1L IS I IF the rip:u Iraniri i J tho Ap.sr u: in. OR Lay I..,: Mpnntrn'FILL will I- IF If 1ru.pdv IF_ 1,onuar nfrsAIc ncnt1 i.g. it, colch. 1111 i"'Lla con'Pod IF a 2<a .,Bin, and Ifni. Apnanaa will Pe AVID 21, 5_ Sh uld Sailor fail In rIbmd a a Hbyn I-unvv.. ....... -I I ..indn III,, I set buth .'1 .1.11 ph Iof),t of this A,,- nt. Pro,, 21. ... with, s DA) S, will 217 a. Accept the l'rpeq ...nl:np-ntI,,IF to the FLI I A$F set f. 1 .. to, reph 2".Ids A""-saline sea IF_ Idrrninnto this Aguremcnnn inning, on .d,h r,,, ,If dr,"In ...nu:,. paid on annum of Firthaee IF 11 will hC .rmmell p1mnpfly 2a1 ro Buyer and this A111,ment udll , VOW 250 6_ Buyer's failure hr exercise any of Bu1ar'a alpinists onion the tine omits specirred in this paragraph will connim@ a WAIVER of 2v this undry,v, tad Buyer aceepta the N IIIII, and agrar.9 toile RFI F_lSF, sat Innis in paragraph 25 of this A,,, inert 252 (F) Crachficatran By sign. gOits ....... r tB aniSell :..Nthee:. ; of thIt II ( "air mctill, o the 1111 nlila. k r ow tinge 21, 11. STATUS OF RADON (1-02) >s- (A) Seller represents that Seller has no ynnsc)er!" i oncerning the Procnec IF it'll II' of .ad.w oolcsrch.a ked Ixiuw_ <s, ? I- Sella hi knowdulge Bnat the Rnpany w,u 1, 'I'd on the dates. by the niethnls If g r hacual cani,u I, alpha aak. I-c.)_ and .nth ac the results of alt heea indicated 1a9owa - 257 DA IT IYPB OF 11 IFI REA II TS(pros unee/luer or workta, ",) - 21e 259 - CORES OF AI L AVABABLE TEST REPORTS III Icd,l,, r Bea coil Fit A....nmit LLLLI=R DOES N6rAVAR. ter _ RANI EFTHER THE MC7HODS OR RESULTS OF ME I ESTS. 252 ? 2- Seller has knowledge that the Pr,pcny underwent radon reduction ...sautes nn the date(s) and by O¢ te,il ls) n..I"It«I helow icy DATf% RAIN REDrfr-LIONMYTHOD i5a ? (B ADONINSPE(TION CON IINGEN(1 n WAIVED B y,, undasm d.for Buyer l Ill, opfO to 1 t it r d, b of tv be asp,. I f. f. by c I r 1 .1 r t Fir, uen .as _ mental Not sat:Radon)B1IYERWAIVIS1)Dr, OPI ]ON ;Fred afn<b ro tie Rf L I ASI serfnl. 11a1otnpl5 cffIn A,,,,or In cos ? ELECTED, Buyet aI Buyer', ,..pease has the "'thin m ohW n (rain a artifi'd maprctor, a radon test of h, Prop,no araf will ddlver a copy rat of the test report to Seller.. Ilan DAYS (15 days 1 not :peen Ge.i) f I : ,roua. I us Air in, nn iS Ilmin•n -I oodro .n Radon) S2 1_ Iftherest ,,n reveals the pasrncc,(,all Ibelow00 working I, I al ..no', i ),1 rycracegr or, I"o"n, and ...... I,, IF, 171 RFIEASEser forth Vn pnmgraph 25 of this AE,anent. 2.1 2_ B the sir epos re als the preaenn Of radon IF III c edlnp 802 ..c h or Ie.els f u L) F - .ncyhic:). IF, IF will. whhin _ RAPS its of "'Ipt of the n "t ,sin's 27E ? (TpBunl 2r: I. Accept the Property m wnr ng and agacm ,,,he RFLLASE s. torah or pa.epraph 25 of ins A, taca.rntOR -Ira b. Tvmina re this Apre teem to wining h2 bare at l dpO. If I'LL lIIPi Ila 11 ,ountIli p, h'.e"Ill eu- 1111x, t. 11111 In rnnpd. to B uyc. ... and Nis Agecmem will IF VOID, OR S90 I_ Submit IF is ln.I...... IIs. Inolwsal In Sefhe l O, runc.ive proposal -It ,, kill_ hm not M' Ilmitnl t¢ the n.nne of tfar ceNfi,el mill- gar gaton company: Provisions for payment. mcludwg or"I" and a pmlwird nn....'i n dm, f ....... n.e neon, .. r Ina (1) Willan_5_ DAYS of«teioing the cone..:., ptopnal, Seller w ,it eat (a) Agree IF rbe tenuc M W, c .calve pn.psai in ..n..... whuh ca r Hvver a calva the Poll' aril ate et to the 2a- REIFASE set forty is paragraph 25 of this Agrcemant. (IR 2as . (h) Not agree to the ,now of Ole Lc,Fri,, proposal tae (2) Should Seller nut agree to la 1, coo of the, F .reu l.e pmporal IF if S, Ill, fails to mpourl a Wne, the time g..veq 13nyer will, whhin ter DAYS, alecl to 299 r (,r) ALI pt ill, lln eoy in caning :rod Ili ... to Ill, RIHSAct, x't loaf in panymph 25 A It,, Agreement OR ass r * (b) Into ilate Ws A,erun I in wrinng.:n 'hall case all H'It"Ll _ n.es -Ind or :.cum . It p 1 as, pace .met be reu.mM aro t Promptly m Buyer, and this Agre,rl ,It 6, VOID Sir - ? Option 2.".. 1192 I Accept the Property in ,mv, and agnx..or the RELEASE set forth is f,uO,Oph 25 n( ills Agreement OR 291 t b_ Submit a wlmen, mnenive proposal to Seller_ Merril c.;,, prupcual well include. bin :-Or tin limited to the nanrz of the nnfc,d call, III gation company;' n visions for payment including voI and a ,.,,Id complenon for I. avv,,,, mesons. Seller will Pay a max- 2ss I imam of $ _ toward the total Lost of flmedmfmn and Fresco each will he completed by s,nle nem. "5 r (1) If the romi cost of emedellOn and retests I X('EF.DS the aurora specifiCd in paragraph I I (B) (Option 2) h. Seller will, w-uhu 291 a -? DAYS of remipt If She CuIt of m.clibl oon, nonty Buyer in wdring of Seller's throe to' tea 9 (a) Pay for the total "Ill of mrnediuion and retesu, in , to IF case Buyer accepts the N,Peny and agrtms to the REI FASEset forth 2a9 D or Para o,h 2S Fifth, Agreement OR ya0 t (b) Cournbure toward tine total cost of remedlntion and runes only the annum specified in paragraph I I(B) (Option 2) b. Wt 2 (2) 11 Seller chooses not to Pay for ih, toil con of amedi-auon and retests, or if Seller fails to choose eiWer Option within the time am 5 given, Buyer will, within _L_ DAYS, notify Seller in anting of buyer s choice t, ma a (a) Pay the Cltference FRIw,.en Seller's c,anhPbofon m remedirinn and Bests and the actual cast there.I, in which case )ace 5 Buyer accepts far Ropeccy and agrees to the RELEASE car froth in paragraph 25 of this Agreement, OR as ' (b) Territorial, has Agreement in which case all d,rcsn monies Paid on ea ount Of purchase pole will be rerumW promptly yos z us Buyer and du Agreement will he VOID. yin e 12. yiTATUS OFWATER (1-02) - tae 9 (A) se `repreun t9 that the Roperty n served by r - - se a" - T Mer t W X1 ala on si 1 t Water ter 2 ? Comma Nty Water aR y ? None yq a ? 314 s ??,( WATERSERVICE(NSPECf10N CONTINGENCY its s ?7 WAIVED. Buyer, seknowleAges that Buyer has the option to request an inspenion of the water service for the Property_ BlfYfiR WANES 21s 2 /I TELLS OPEON arty agrees to the RF,LEASE set forth o paragraph ZS of this Agnxment ate 9 ? ELECIPD ate 9 L Bayer has the oprion, within. DAYS F5 day' If na speeiBed)of the eaca.ion of this Agreement and at Buyer's expense, to de9v,a an, n to Sodha a written volwcnon rePOn by a qualified. professional water testing company of the quality andlor goaridry of the water service. azo 1 21 Ruyu Iraitiak: _ A/S.21[ Page 4 eif 8 Sdller Initials: 322 93 2_ Sella agi.rI", 1 xme v el prmade a s. lu the t IF 1 ft, mdivdu U water .cxsmr T pplioablr, . t :dlur e -xln'r se. If eq ved h. If, -. 324 D-i.ne nq v relloral.n rrt [. esr:retl F fx lr+ It S Jlu sort. er.lt +[ I,Itl.n.nl .d 325 3. If it, nl on te> Is 11at.dte w-ar "Ill' ,1111 . of ucrt III mininwn;wndxd,. d For, .cl Gcahle III .,tl t t .A'- t+J. ro 3a 325 st:f)d.requ c r1,, ergo.-It, Ingv,,wysUlgIf .. rnoni„vItndcr, If.. y.din Selloff will a izhiut 3_D,TSIf oc,oip. of }.5 IIT dArcport, nonf per, , ,, ""rinl it 'ho,' 1,, 1 Ito a.- 11"'adc th'.1o,.rv 111 J, n rical wMc loJS. b.L :I'l,e)"', %cairl ue.-13 1 111,[ p.Irl:n l agrr 318 3.11 - - to the SRI FASE u I forth m p.... ,t.h 25 of linAg1n nIMI, Or ye, Do b. Not opgmdc the rector x c na D9 d. If Sell,, tho,, et.c afp..detl er? eI<minit t ,,.ute.hl 1?,ll. or fadsIF nspnit .nrhi U t e n Nt.at /11. ,.n.nn a oat - 5_ DAYS, c,Ih,, 332 333 a. AF,, INelr p I'indlhr r. r o. eo1.If ",I'dblpl rrrtg:reten ere-f- oo? and n I b ,,nr nr.l voderr..tpgnde __ Da- ' .. dhcwalu-s vec hef, fc eeltle Sul of v:Il Ih i rte re loin ll'Ihe moagtf 1 III, t? ygt:u? onlal the rtv.v and DS - -'Buy"n.'AlI,-or,it,Seiler 'sl>PUnis<iot.1,,,h will nol he em"n"naMyvdheld,,tee agnet If, RT I F IST. t t foth-n pupa 331 336 gr,pl, 25 11,11 \e comer t. If S i],Idenie loo, . pmmiv on Io f gra le d , Ic,ire, li , "Alin 5. DAYS of se 337 Seller',. dental to"nn"e Icv Agnew e t1 In ung"In.which car,' II doped ties P3Id . oonl of frot 1 U. I of e Hdl 0' 3D 938 r,tuntul pmmplll to Buyer and it,,, A....mem w,4111 VOID, OR nk D9 1, Terminate this Agreement i Wring, In which cane Ill 'III"," m Na paid nn a onI of pur, ga¢ [vi e wdl 1, re"n"d ........ pdy 59 ado 1. Buycr and this AFrecmuu ..'ill Le VOID. 3911 U, 13.. STATIDS OF SEWER (1 A2):. ? - 3nr M (A)-.¢ r pr scnU tha t)F pent' s s rd by 392 Ju'. Pablo, S" It, Sad ? Indrvidual OFFIM Sew of c U,,,,? il S,II,m (Sec Sc cvge Node. 1) _ ad .ws ? Indniduu On-I t S wage hsf 3 I Sy I,m e, Pm{unity W Well Is', S wage Noric 1 - c Sew.nge Non,, d. if appbcabh) ads IW - - D, Co"tunity se' ,g, Dis,"al Syctem 311 ? Ten -acre Pcmdt F.xe... pm.. (Sec Sewage Nonce 21 - 311 uda - ? Holding Tank(See Sewngc Notice 3) 30 N9- ? Notre (See. Sewage Noice 1) - 31, 3111 - ? - None A,.I,bI,1P,,mt Limimtiom in Eft 4I (See Sewngc Notice 5) 3Sn 351 ? of 352.- INDIVIDUAL ON.IOTSERAGE, DISPOSAL INS! E( PION CONTINGENCY a12 313- WANED: time, ackn wl dg s that B } h the opt rt to rcgeeuan nd Real noRA e g I f I 1 xlon of the Prop:ny. BUYER 353 354- WAIVTSTHIS ORIION and agrecssm Ih P.EI,EASE set Roth in paragraph 25 tfthi, Ag.,menu _ III 355. . .?' FIEC ED ... : - ass 3" 1. Buyer has the option, within DAYS (15 days if not sp,,ni,d) of the eIo- oo, of this Agreement and IF Rut,,', 1,11111, u. ns m deliver m Seller a wrnten imq"I"'n report lg ° a goalihed, professional inspector of dm "di"Jual ,If lot ""g, dsposal system. eT 358 2 SHE,,, at Seller's expense, agrees, i(and as required by the In,,, non company, IF, Lxae. pro.idr access IF and empty the indivld-ml on sse 359 _ lot _mwnge disposal rymon Seller alsn aetees I, resmre the Property. at Sellers ..lens., print m srtdenrent 319 260 3_ if Ne report ....nh defects Thar do not regime r,pam,ort of replacement of tle, ,timing ,wage dLcpnsal srnnn_ Seller will, rvFfIn 3M 361 -L DAYS of receipt of the repon, notify Boyer in wnting of Seller's thou,, ro: 361 362 11 Cortect the detects before ""i" et r irclud tg retesu at Scll s pen. c. nI i' 1 ca.. Buy -_pu die P""", and .,I, I, to 112 363 IIIREIEASE Tf th ,1 l-"fT -S of ITS Ap n OR 36] 9w b N ornnf IF, fO r _ 361 355 d - a_ If S,11,, h-os', ct16c 1ut1 df r c 7SI1 Rol, rcpod -th ll t p B_-r II II- _5 DAYS. uh, :51 Sac g p 1. fe the l`Fo, Iv rd R s I L If q - d l) th mortgage l nt .if V l t l d ry o ' . the tr, 352 1 d,f,,h b.( . -I 1 t m II d f ry - i IF - It d t rang lee, g I, It ty L_ F t enrol ce p p t B per s ae, 308 It, ez n. e and w th SOR, P fission, . hich %I w 111 rot N nr . orahly wn1 hell and agree To I tiRR F enl t forth In Para Stn 359 graph 2S of this Agreement. B S,III, denies Bay11 pemilseI'm to N@XI die defects. Buyer may, I1111Il 5 DAYS of SeIII, 's 19 320 denial, renne.1e dtis Agecntent e, wnting, t which cave Ill dgwsil monies paid or eonmt of panhue pnce will be rewm,d 330 311 pn eplly to Buyer .rod Thia Agr.ernerl wd1 ire VOID, OR 3; t VI 1, -Itt rennin IN, Agannent in wnting. In which case all dr[xsll monies paid nn acman. of pal olio.' pn<r will M renrmexl 311 33a pmmplly to Duyrr and dtiS Agrremem wdl he VOI D. 113 9a 5_ B the rely v, reveals the III, I o ,,and or 11,1111 1 the iron, indiddual or 1111 sewa,,d gnnl sy xra S Ile. may. will in 25 DAYS .,a 315 ul receipt of Th. ¢Iroq sehmiI a cFv, ,, I proposal to Itn", I he'orrearve pmlmsal will hmlode_ IF, noI be Inaned to. dm name of .he ss 376 rem ediation cmnpanl'; pmasions for ndu pmnrenr. iding rdes?; and a pr lgcua c mplenn o dm. Inc .. eaivr n ,cures R'uhln 375 311 S DAYS of rrcebutg Seller's "..calve pm,,,FI, or if nu rormtlive porpocnl is r..ei.ed wllhm the time given. Buyer c dl. 311 9a a_ Agrecro the term, of the con cove 1, If y n , n wnting. Ild, case B., ..<ep,I the} , , l ,,t s to the RP1_EASE it 311 seI fo lb in paagmph 25 of N, Agreement, OR III No b. Accept the Propeny and the system and. if regnirld by the mortgage lender, f any, aucl or any govlrmm?ttal authority, coned the IN N1 def.... befox seulemcnt or ui,hiu the dme required by the mortgage lender if nor. dnd/or ar,, go, I mmemaf ufforty. at Buy,i s AI 312 sole expense and with Seller's p.rmi,l,on, which w',II not be am ..onahly , fheld, ,,it agree to the FEL1'ASE set forth in pa.a- sea 383 graph 25 of Ihis Agrremenr If Seller denies Buyer prmuson to coned die defects, Buycr may, w,,hot _5 DAYS of Seller's 383 39, denial, tennurm, Ihis Agreement in wnting. in which case all depo n moves paid on a'onnl of "I"he"e 'In" will be "fumed Sae 3as promptly to tiny,, and this Agreement will be VOID, OR - As IN I. Terminate this Agrumem rte wnting, in which case all deposit monies paid on argon I of punha r pn I will be rimmed promptly Sae -Dr I, Foyer and dd, Agree ,ru will be VOID. Sal see Id. NOTICES,ASSESSMENTS &CERIIFICA"FES OF OCCUPANCY(1-02) IN 389 (A) Sellerrepreseno,a,of S,11Wsuecot,nn of IN, Agreement, near no public improvemem, condominium or homeom, net association avsesmentS In ,N, have been made against the Progeny which a and that no notice by any govemme11t or obl , authemy leas been serval upon un pa id 390 D3 Seller or anyone on Seller's bekdf including nonce, rel alin gIII".1,un.,'ofmning, housingbuHd'mg, a a f.ty or It,, ordmur,,z which remain 391 392 wFt,, rrW. and that S IR, knows of no ndm,m fan would cou,nmte vroltemn of are, s -h ordinances huh remtioa uncm m ed, unless 392 3993 mhenvis, qtc Pied here= ? /,Y/?'Z.1J ! -r i : __ tLlr G"?'_ _.. __ ____. _ _ _ 393 794 395 (B) Seller knows of no oche/r )pon netial nori c Qmde0ung ImIatiogs) and assess" ¢ except as follow,: _ 395 3% 397 ICU' In the event any n&,,,, (indram, violancu sand ass....,, fe are rereilltpft . execution of this AgeGmenl and before settlement, Seller will 392 7°e modfy Buyer In wnting, within 5 DAYS of receiving the notice or F,,e,,men4 mat Seller ,,If 391 3" 1_ C mpfy wuh em"s and assessmeut5 at Sellers expense, is which all Buyer acccprs die Progeny and 191.11 to th, RELEASE It forth 399 9011 in paragaph 25 of this Agreement OR IN dot 2. Not comply with notices and assdssments a SdV, I cxNnsc of, M2 3. If Seller chooses not Io con,ly with nonce, and a,v.SSmem.s, of faits within the line given to untify Bayer if Seller will comply, Buycr, doe IN will notify Seller wilhin _5 DAYS in writing That Buyer will enter.. IN M4 a Comply w.rh notices and a„esanenu a, Buyer's expense and agree to the RELEASE seI forth in o,,,g R 25 of Ihes Agrcemenr, OR dw nos b. Temvmaw this Agrcemenr, in which case all dcpotir monies paid on ..Crum of pnnhaw price will be rammed promptly to Buyer ms ao6 and this Agreement will be VOID d06 doe If Buyer full to notify Seller within the time given, Buyer aerepls the Property red agree, to the RELEASE seI forth lot para. do3 doe graph 25 of this AgreemenL doe dog (D) Buyer is advised that access to a public road may "quire iesuan.e of a highway occupancy perrml front The Depamoo, T( a psport ti a m, IN 110 l / Buyer trddus:_? ` ___ AIS-2K Page 5 of 8 Seller In r l itial. a-t?-? - M alt (F) If requilcd by I., wint io _ IS DAYS of the exav1ion of this Atflulenl Seller mill oIrk, ( tdi.cry m Bull, . on ern beb "if, on,"i "I rdu L A..iIflution from the ap1>sulrnwe Vdpal depart rt rrdcpamner dick. r. n, ,,r Of unnir t1 f,uuasf ring. hors ,.. au Ing, NoIding, ,fey .n lone ordinances, AND/Ors 413 414 2 Azmfcampmliti tp xeuyT try of the Pn"f,In she 'n mpnlalnptn ma rev {nerd for dre .. m'Tire c:fNIX, till, I "I dt5 III, within DAYS Ill Seller's r.crips .l der V o "O"A" l if, 11"", 1 f I,r ) umm, a ,,it whet her Iollrl w II make No 4m 416 rr1.,01I,'pui¢dmprwe anent, m!i, B"s I xfir, r, C1, do it S• it IITI.11 to lr.k V. required np-Uiplnemur, Buyer +y ¢c. sr rccdlUe l'nfrry ¢pan..I and r cs w Uc lit l l ASIL.o, 4r me forth r p, .,graph 25 ,( ill,,-. A,O oum. If l ll,, clrmse. rs no make the rryr full r 1'(n - r t efren«, till," "ll, 'uhn, S DAYS, ere are notify Sr B,rm ,On,<fB yt', dloces. 1, 1 r. rte this Agrcncil OR .if r IeIl ..d ( mm 1. t,alb ,",f rase it ithidler's .19 a2r permi.: rt whicb wiLln l6e anti on+t ly INbald. If Scll I m=hI,,,, ti.?>rv to mak. the "qul"dOT -. of if Seller fails m KCfrond in an within file Gory give., buyer nay. Inhor _ -5- DAPS, ,I... m this Agreemca m wnbag, in which c11, all III Rel monies p:d3 on a colim qi dal of wodsi pnca will be it nroed.mntpdy CO Buyer and this Agneamenl will Ire VOID. a,2 123 15. TITLE, SURVEYS & COSIS ("2) des 424 (A) The I'ropeny is to be wmey,d flu and clear if all liens, encmnbrances, and eavn„uv.. GXCEPDNO HOVITVIR the folbwlrg. ,,11,1, 1,, des deal r ptncoons, fusion' Preservation nestrti T Or Od c s, building I . t f -ti .. ,uhr ... ram If : ,A. .1,o YO vio-rM, upm -25 426 she ground, easenxnl, of record, pm,OegrA or Og'brs of pubbc xrvice enmpenles, If any, otherwise the line 11 1011 ab"se described reel ,store d26 417 will be goal and mmkaable and such au will M insured by a reputable Title Irrcamnq ('ompafly at the regular rates. 12e d2e (11) Ruyer will pay for she following: (1) Title search, ode I Iran,, and/or nrecharacs )kn Insurance, oI fez lot cam,linno ni -ranee, it any, d2e a29 (2) Posh insurance, bre Insfretu, with eafended Coverage, nun, snbsldence inslnance, or fee Ior f inrell,fou of carne, if any, (1) Appraisal 119 430 teas and charges paid in advance 1. mortgage knit,,. If any; (4) R uyers.nifornary sefn,rosin cowls and.,.:mo1s ere 4a4 (C) Any survey or surveys which may be regulml by the Tile Insurance Company or dre zb,.O,,rng mtomcy for be p¢pam6ml of an aJaluam sat eye Icgnl devrption of dre Property (or the I crrn'bnn dareot will bis secured and Paid Ior Dy Seller. Any surrey stoney. dole.] by Ruyer or dal 433 requa,d by the mortgage lender will Be secured and pdd (or by Royer In a44 (D) If th..... I Seller Is fully], no give a goer] suit markeuble tine and such as will As insured by a tepmable'Ii 1, Cumpanr rat the regular rates, as dad In spuihed in paragraph 15(A), Buyer will haysthe Toou Of (1) faking such title .Seler can give with no,bang, Io Nn pro ha, price o, (2) being ass d96 - Icpmud all monks paid by B uycr to Seller on account of Purchase MY,arxt b6r,"nibw sed by Sellersf.r any sacs fnonred by buys, (,,I "y ,,,e 'A a9 rolls 11 c,mb,snorw obmRRA aecook 1, IN the harrow d rh, Agm,m,nn, and If, those nuns spedGed Y. pamg,mph I S(B) iums ( p- (2), (3) amt Or ale 411 Furagnaph IS00. in which eau Them will b, ho buthi liability or obligation on other of the pmnes haeso and llua Apyeement wdl become VOID. OR aY9 16. WNING CI.A.SSIFICATION (1-02) 09 sae Find.- of this Agr„ment m mnuun the inning e]assiftca rn. (excep(YY,',,S wlm, she property land each par¢I Neraof d snWRidabfil is 2rawd dd. wl lekly Or planarity to .,unit sfigl,,family dwellings) will render tyros Agrecn¢nt voidable of the option Of the Bfyes, arid. if yoidcd, any dcpeisx its sal ant tendered by N Buyer will be retumui m Ise Buyer without any egtiuemenl for n actin., w2 sea Zoning CluvficefiorC_ '2$-t,? ass w4 El FLPL II-:D_ WiduA _TS _ DAYS of the execution of ctrl Agn.rn nI, Buyer will verify that the ex rng use (It the Pmpvfy aY wit ells __ ____ __ _ ,_ __ u permitted ]II Ne ,veer the use is not IMCmitleQ Buyer Hill, mithin the time as 4dt fire. Is r r,rifirufifn, non(y Sclkr in wnsing shat the extsllng ,,of the Rapem I' not pemllned and dos Ayreensnt wR) be VOID. in which our tsI case nP dep. if mrnve< ,,,it on accwnt of purchase prim -11 be rammed pwngaly to Buhr,. Boyar's failure m re pond within the time 417 449 f,," Will n nstitol, a WAIVER of thin notinegrury unit all other fe ens of this Aglrrnient remain in full frame and effect- sue m9 II. OAE NOT1(T 49 vin NOf APPLICABLT - ? ill APPLICABLE ` as1 452 S Till.rir'Atrei(wil NOTSEYL NNVFY, TMNSFEIS INQkT.fey INSUI,SNff TTI£lS Yoy I NAL AND I1J1n1TS.FVRTORT UNIIIrI Tu IIlE IVIii At£ Ooro all i)a [rL'Sl Roll oR NLl?r(RFDID.IN, AOO THE V-Ny. (MtwNlfil FSIP CVAt MAY 1(it2'My COMeLE1f LF4AI. RIGN[ In RFMOV£ .L lin 11 0011 ANN a$ 1(?4 INTS?{r NNNFC nU`I DMUCE Noll 81$M Iwi TI(FSIRFACL' OI-T P IAND AND ANY HOUSE, nUnDP OR Y[Uk OALM fi'Ry ON OR rN SVC 1 iAND_ ITOY 1 454 15 rv set forth it Iha. mm I provided I. Sdaoon i of the Act of fuly 12, 1957Pl- 994 ) "Buyer acknowledges that he ay ron lit Obtaining the nalce = ?,5, R6 right of pro¢cuon against Rr rdence rsuitug from Caul mining opermons, and but the ,Y,sc fs de,YNNA herein may be p",mid from damage fy, is2 due to mine wh VMocs by a petals ccu n wl with [be owners of she «onomic OrRo,sb in rile seal. Ibis admowlrAgen cut is mad, for the pm{wse 49 Isa of,omplUng uidn the,N nuns of Section I4 uDh, Binminous Mine Subsidence and the Land C'nnse...urnr Act of Apn129, 1966." tiny ...grczs III 'a9 ,, sign the deed from is,II which ak,d will contain tux af0",aiit pmvislur. 4s4 Ni 18. Pf155F,SSION("2) sou NI (A) Pu,<us•aon is Io be ddirered by den], keys .,it 461 ez I Pbysical....... unt to va, ,I, Property bee of debris. wish ap 11Ti1 m111 bower dean, at day anut slow of s,nlenmr 1, ANI VOR $2 m 2. Ai4g.ment of azuting lease(s), wgetber wlth any secumy deposits and int,odfL as sole of wenlement If Properly IS 111 at the acs w ne.mioo of she, Agreement or Mlles. otherwise spu:ificd herein Buyer ,If a,l O)ow)erlye vaisling lease(s) by irun.lhng said te"i') m AO Is time of el,cirlion Of On, A¢ttmefL 416 66 (B) Sri),, will nor enter ill, sly n,w Ieues, wnn,n extension of existing Isere., if any, or additional leases for Ore. Profwnty wVNont the wnnen .6 Fl Y.rrearnt if BO,,, 07 se 19. RECORDING (3-65) Thu A,I,RI will nett Be recorded I. the Office for she R"Ohng of Decd, nn Roy obra office or place Of (nl0hc Ni rtc a68 III and if Buyer u. m permit, this Agreement In IN, I ...ferf; Seller may elect to treat such art as a brew-h of this Agmrrwm. W9 le 2U. A4SIGNMENf(3-85)This PO,venicm win Ie biding upon the parries.direr,Tective In"', personal representariyes. guardians and successors. rat n aid t. the e,I,nl assignable on the assigns of the panics Ill it hairy expressly understood, however, dint Buyer will nor rmrwfer or assign this 471 12 Agreement widl.ut tIX Wrenn conxnt of Seller. 472 a 21, DEPOSIT & RECOVERY FUND (1-02) do 11 (A) Di Rows paid by Buyer within _}0 DAYS of s,ulem,m will be by cash, ras]ier's or emified check- Deposits, regardless of the form of 174 's payment and the person d,cl,o." as pay,,; will t,, paid in U 5. Dollars t. Broker or party Wryabed In pare aph 3(B), whio will N, is them as 3 .11111)waAll'of amt amsumma6onOf remunation ofdlisAg¢ertKr, inconfomdty wnh all app]icable lows and regulations Any uncashal a7s 7 dreck mitered as depose monies may be held p,NdI., N, aOcr nlnw of this ORer an 8 pay Upon Iermi.au.. of Nis Agmemen4 the broker holding the depo.El anions, will release this deposit manic. i. eY.Idalwe with the terms of a 418 9 folly executed went,. ageanem betw'C,a Buyer and Mie, - - 499 ' . NO In the event of is d¢Pote ever,ntde.rit to deposit monue5, a broker holding the deposit monies 7s required by the Roles and Regolab lr s of aeo 1 dry State Reuel EbIRIe Cmnmlwslon (49 Pa. Code §35.3241 to remit the moNUSn escraYV until the dispute is o solved. to N, "r., of litigation del 2 1.. Ilse return of deposit mouics a br.ke( will distribute dm monies. dirocned by a final order Of court or she wmwu Ago,ment of the paI 02 t Buyer and .Seller agree that in th,.vent any broker Or eRhaeJ licensee I, Runied in litigation for the remm of depot, morn's, the a"Irreyi, 491 I fee it costs of Ike bWkeds) ardl ....x s) will be pvQby rh,:Pwy 39mairg them- - 484 r N) A Real Faun Rev3very Fund mists to reimburse any pesos who haee r)blti.N a final civil jodgmenf against a Pennsylvania real estate fis licensee owing to fraad, miwnepnesennition, or deceit in Is ,at curare transaction and who have been ufabk 1. collect 11W,ndgmon alts, exha.st- 486 ing all legs] and equitable ;,ow bca. For complete devils aMOUt the Pond, call (117) 797-3655, or (80y) 822-2113 (rlthm Pennsylvania) and 497 n (717) 783,1854 binlide Pcro,y Nania) fill 22 COM>OMINIUNMANNED CONINIUNITY-(HOMEOWNER ASSOCIATION) RESALE NOTiCE(1-02) 09 ? NOT APPLICABLE 199 ? APPHCABVF CONDOMINIUM. Buyer acknowledges that the Prnpeny is a unit Of a condominium than I. pdmanby ern by a unit owners' Or association. §3407 of the (nifomr Condominium Alf of Pennsylvania reyfirec Se11er to ban,1h Buy,, with a CRulb,an, Of Resale and wpis 492 of Ne, 111 nifm dedavtion ]other Than plats and plans), the. bylaws. and the rules and esplMnon5 of the asmciafifn. Ion usn Of APPLICABLE: PLANNED COMMUNITY (IIOM.F.OWNFR ASSO( IATION). Buyer acknowledges that th, Property is pan of a p]anrt,d 494 commnni R as definpl by rile Unif.rm P)anmml Corrtmuniry Ace (Se, Definition of Planed Commmn4ry Nonce)- §5407(x) of rile All IWuhes 495 Seller to f.mish Ruyer with a copy of the Dechuation (other Nan plans and plans), the bylaws, dW rules and regulators of the association. and am a C,N6ca, conroining the provisions set forth in §5407(x) of the Acs. 492 Buyer WiiaL:_ A/S-2K Pao. spree ' -1. 1. ]ID, YVLLVIYIN6AYYIApZ, YHVYP,WId8.V,1TLi"tAH@JfAkY?yHS>!G19N11Ppl,I{ylU:VI' ORA P6ARNCll L t MMUN11Y. x19 `-Aa - IA, Within f D.AYSofthe..... of this Agreement,Shcerrwills hmteregttesin tlr iationf C'cm"tcof Renal,arfIDedoc- 500 I l .- ?lAla d, necev nrp.IO Citable Sel4nt - mplp wn4 rta h1 D,, A,Ipru I(uhat the:., q,aeol s tvluu.d h. Ir.: Tk de:. "unter"'chor :501 162 ,. Id dayyyGSellemis .502 50 3 " 11,1 ,If pI ......tl d twee, Buy" Ill th l w, r , nod InanTh the lei<a I I dl 16, A, 1Bo11e1n'I J4, m Joey,, for the. falhuc In 50 son iA la} pf the assn iy t m,o,,d, the Ce ofte t, In n ncle nwmen ..... Is I'U" l'"t k.t to C yudor re,. n IrIi,r m..pm,ided by ... IN 515 _-0 ss cmoa.if noluf,d , a. d"Coffificme_. . . 505 sot c-) 13i t iydeli,,0,Ag«xnt.InVOID-:ally:fine1{oreBe)er', to pt. LIIca.-t.-`t to doll.n I: uhr5daystt i"d"s, OR until 506 vn sntlenurt. chide ,mums brsI Pa"", _ nnfi,e d"I""g this A,oc l rt v, Id n sm f t Wiidng, 1.11-fill all ],pe_it cln es uill Ix- Soy m6 ,,rand to Fly" .. sea see .. (D).: leth,. rvem5he ms union has Cher ght to boy ells lROpenc (right o(5 t troy), a1di eciab,n exe errsl;t igbh 8111, will re nburze 10 eta Blyefo.allmo fes pa dbyB pe on acr,aao(puml' flee rolls >N, r:ISincurm,l by lsuyerlor.(1)file sears ii, ttl Inulan(.., it/,, III 5JI inuj lcs, It,, insurance, or fee her cancellation of sifne, if any, (2). flood ic,marcl ald/ol fire imnlan: 1dl ertalded -<et age, mina sub st ,e. ' ""'I" sulante, m lu f... cviall ion of some, if fill (3) Apprio 1 f -rid dlugl 1' o 1-n Ind, arl, m, n odgage lender, if any 502 111. ..23;„A7AINTENANCE& RISK OF I;OSS.(1-02).. - „ 513 511 (A) Sells will main rm it,, Prop,dy. g land" fixtures. and y personal f of nv y,,, fnlly scheduled 11-r in its. present Condition, numlA 514 ms ,'. arld lea, ur,pr,d 515 516 (B) In the" It? any system or appliance included in the all of the Property fails nod Seller'"". not relmir or "Pla(enhe it,., Seller I, ill promptly 516 517 uutify Buye, in writing of Seller's choice m. 511 se 1. Relent or replace the failed system or applianw before "Illement,,.credit Buyer of senlemea for the fm, market valoc of the Lately eye sa A9 mm or appliance on, ("Inc. mast be acceptable to rte mortgage lender, if an,)_ 111 eadl case, Buyer aca4pts the Rope my and agrees ro 5a no the RLLFASE set foah In paragraph 2S of this Agreement, OR I'D 5<I 2 Not repair ,r leplace.the,fad,dsystetn or, a "tom""'fid not m,,I,% Buyer at senlement lo, the fair innrk,I value of the [ailed system or 121 522 appliance It Sella does roe repair, ;,puce or offera credit for the failed system a appliance, or if Seller fails to notify Buyer 522 III of Seller's choice, Bayer eiliamdy, Shcentia wntmg wmbla-._DAYS In before settlement, whichever is sooner, that Buys 52a .24 wily. .. .. 524 525 Accept the Property and oge, in the RLLEASEx( tomb inp,.gwlt 25 of this Agreement, OR 525 525 b. Tammam rbsAgc ai in ,loch c,,x Aldeposit monk-paid roo account of porch. pore will he resumed promptly to Buyer 526 12r and Iris Aggcmcm will be VON. - 511 526 ((Seller .'ill beta risk of loss from fire or cth" casuahies arl lime bf'Duhmem_ lit the mom of dnnmge by fire or other casualties m ac prop- 526 III cry included m m s. sale Unit , not repaired or replaced poor so.-soul,arnm, Beyorivoll base thebpsion of rescinding this A,rennens and sea 6w promptly receiving all monies paid on acroum of purchase pence orof accepting-ameProperty I. ifs then condition together with the proceeds vo sal of an,ov,me,<c recovery nernableby Seiler.Boy"is hereby oadId O,WB.yer may osure.Buyers shamble iaccram this Proper, as of sal 532 the lime 14 e,,,unI o of this Agreem,nL _ 54 Sri 24. AA'AIVER OFI ONI NGEN( II'S 1102) 53) vn If this Agr,emew a cIinm,,rn on Buyv3 tight to imps,, anN,r repair the ProPetty, Buyer's Boilum to exercise any of Buyer's options within sea Sc5 the till, II...it set forth I. IN, .lgrrement will rondihlte a WAIVER of that consiogenry and hotel orcepda the Property and agrees to the t -,o RF,LF.ASE set firth in I»ragrayh Z5 of this Agreement. d6 561 25. RLLEA.SE ("2)1 _ 511 126 Buyer hereby, releasts, quit dmint, vad haever discharges. SELLER,ALL BROKERS, their LICENSEES, E.MP.LOYEES,. and any OFF- 531 Or CFR or PAHTNER of any one of them and any other PERSON, FIRM, or. CORPORATION who may be liable by or through them, from 53a 540 any and all doims, lossesordereands alleding, bill net limited to, personal injuries and property, dmnage and a6 oftheemaseynene4s firers-_ son At of, whether now known me not, which relay a,isr from she presence of wrnutes or other ,.)d boring hoards, radon, hadpbasld paint Fait- 5Il In ant, co, i-mon.... wl Im on)s, :m, defects in the i...Inh of on-lol sewage dot osalsystem or dalla...ies in the arsine ale, ,r ,we ,,stem, s4; Wl , +ny defer, o, conditions ors it,, Property- Should Seller be in default unde, the terms of this Agreement, this 10,.11 does not d,pri.e sh Do Buyer of any right ra puree no rrmodies for m v be a,mlable mayor law or e,why. This relmree will slrvive settlement_ 514 541 26 RFPRFSENIATIONS(1-02) 545 5116 pq B im-edamis l n,m,, I, I.sewmiona clams. advenlsing-promaionalaefi,n,a,,ba,buresor 'hill of any kind made by Seller,Brokers. 546 sit their Ilretuces. ,mployms. off ..... o. panne,, vuc not a pan of this Agreaoew nniess expressly incorporated or stated In this Agreement his 542 I'a, (crib,, ued...15nx1 that dm Agteeman conl;nns. the whole ageemem ball, -a Seller aid B1ry" and there all no other terms, obligmions, sae v9 , m. rrpmscl t files. IIIIID nn or ( rod don- oral or mherwise of any kihd haucever (onc,ming Ihis sale Funhennore- I$ 51a 55? Agarmem wdi not hr IJmred„am,ndud. char red. or ewdiGed veep, inuritin%ezuvlril by the panles_ SW -,1 (B) It is understood that troll bas ir¢pech di be Property before signing tiny AgrtMnent (including fixtures and any personal property 55, •s2 ..>percfaall, s,h,diIl,d fo rein), or bas uairN the right to do w, and has agryed tit purclooe the Properly in its present Demolition uNess. sI2 555 otherwise slated in thwAgnrmenl_ Buyecacknowdedgel that Brokers, their fittlrife5, employces, officers or partners have not made 553 554 an independent ci Di on lion or do,notirmhon of the slructaral soendneas of the Property, she age or condition of the components, ear i- 5a 515 rona rail condition, the permitted ales, or of coadili ew existing in the 1.1, where IT,, Property D. situated; our have they made a 155 556 no,hani(al inspection of any of the systems contained therem. 556 557 .. (C) Any t,p.11,,r,dby thi,Agrcmcntwi p be ocroluul in a wmkinnoke mamer_ 517 sw (D) ItIca" s) may puf,on "'Ii... nu tsl mu,present,d paries in complying with she terns of this Agreern,... 556 559 (E) The headings. cIprcc, m) line umnbvs in Isis Agreemem are .,.of only to make it Iasi.. to find the paragraphs sse 111 27. DEFAULT (1 -()2) 561 (A) Seller ha the option of Illmer g all sums paid by Buyer, including the deposit monies, should Buyer 561 562 1 1 at o make any additional r ymenv' as epevified in paragraph 3; OR Ise va 2. runtish false In incomplete impermanent to Seller Broke,(). or the mortgage lender d any. conceiving Buyer's legal or fimm...I cams, 151 DO or bit to ca>perase in the processing of she mortgage loan appit, rumn, which acts would flair in the fulur. to obtain doe approval of s 154 Its mortgage loan commitment. OR 165 111 3. Violate or fat m, faBill aN pe(forn any rare, terms or condition of Ill's Agreement 566 567 (B) Unless otherwise checked in paragraph 27 (C), Sells, may elect to retain those sums paid by Buye, including deposit monies, in one of the 563 566 f,0o.mg manners: Ma 56a i. On account of purchase price: OR 569 sm 2. As monies lobe applied 1. Sdi,r's damages: OR 570 571 A , I q dined dam g f> such br -h_ - 571 sri )< , (C) S Iler i funded t. staining sate pyid by Buyer, Including deposit l s as liquidated damages. 522 573 (D) If Still, mains riff sums paid by Buy, b lidng depot i ..... ills, as liquid t) dautages pmsoant mo paragraph 27 (B) or (C), Buye, and Seller na 514 will be, rcleued foam further liability or uhiigation and Ihis Agreement wilMbe VOID. - 574 Sts 28. MEDIATION (7-96) - - 555 116 ? NOTAVARABLE S15 517 WAIVED Bn,,,:x Sell,, uN,,I Id that they may Choose to mediate at a later dale, should a dispute arise, hum dial Item will be no obit- srr 116 gasion on Ile pvl of any pan, to do to 96 519 ? FLECrm 519 seo (A) Buy" and Sell, will try to ct,.b'e any dspute or claim that may arise from this Agreement dvoogh medi,oi in accordance wdr the Rules Sao set and Procedures of the Homl SlIf" Home BcsO, Dispose Reeoiwi m System. Ark agrremenl reached through a mediation corOo, ce and set see signed by the ponies wilt b1 bindmg. 562 56] (B) Boyer and Sclle, acknowledge par they have marvel, read, and nederstmld Ile Rules and Procedures of mho Home Sellers/Home Buyers sat 5" Dispute Reeoluoon System (see Mediation Flour)_ Set 565 (C) this agreement to medial, disputes awing from this Agreement will survive senlement. 595 on Buyer h ioals_ AIS-2K Page 7 of 9 Seller h dals-. - 566 Sax (A) The following are part of tL6 Agrremrnl if chrckech 50B 5x9 ? S I 8 S,I lcn t of Oh" P.rolrrcy /???-'J?( Seulc m f Od,l,Pr t c tv.Contlogcn } A tdundnm (PAR Fonn SOP) 5BB sw ( e' 1. n Ad f f 111 / m SSI1 1J Tfnal l (Afiat PrI sit, A ldcndnn PAN I our TOP) s9o za ....L7 sd &S-o1c1 , LChnrif , pt cg. v /{r7.13('1X!!!?¢-2v{. ©/ ? !/.4Y1 ?'E,r ?ALGCt '` ssl h R ,,hl "I( no, M,ekr g ndaedd'm fJf !?! ! ? ? ?? 031 WAR 1' 1 r SSl' (D1) Ss+ sr6 f .. ? -- 595 . Sin 600 w+ sot 63 Boyrr and Seller acknowledge rerd.ing a mpy of this Agrrvumm at the time or siW,i,,g. - boa 6W 6N -bra - NOTICF,TOCt RIIF_S W}IENSIONF,U, TlDS A6 kF:EMF:NT 1S ABfNRING CONTRACT.Relnro by facsimle Gansai?ian'(FA?lofllds ios 6ro^ AgrerrsamLand all addenda bearing the signatures nfnll panix,omstitina aoceplance of this AgreemenC Parries tnahis trartsadion erc advised" 6W 6m' to conmll an auorne,' before signing if the_s J aim ie .r '.ad.q '. '. " 6nz 5ta 1 608 as rea'eired pSe Consumer Nn6 sad pod M tl Stale Real I sL 1 Commisi n at 49 Fa Celle §s5J+6. 609 609 "-yet' 510 Bn.. haS rT( el%ed. aitidetuentof Buyer's etutiledC gCIFLS bPfOR 4gnmglht5'AgRYnlrnL - - 610 611 Buyer has read and undenlands the n ocu and explanatory ildormithur t forth in Iles Agreement. - ° : 6n 611 (toyer has rerei,i d a Seller's Property Ihsclosure Slate eol before 1191 6-9 Iles AItreement, d reymred be law (see loRarc atwn Regantit>g 612 6n ,. the Real Estate. Seller Di losure'Lanh ,§/ p-- : 6.; I....' ,....,; . v>:::1' 6n 61, Buyer has recei.ed the Deposit Money N..todior cooperative sales when Broker for,SeBer is holdingldeposd moneypbefore signing this Ell HS Agreunrnl_ A..AltG.r A 615 ((('''JJJ /?•y (? {), 61096 BUYER'S MAILING AD - - `' m6 B )RL'$$. 6, 619 Rlll'EH'SfON C1CCNUMRFR(Sk/rlL--'? 1-lT O C??.,7 ?(?l 'r.rl 61B 6]0 T Ezl RIINFSS 621 ?:bc< -f BUY FR ?- D47F,f 6v 693 624 WTINESS_ _ IAIYEH-_-._ DATP:_- 624 625 SSp 6I5 6]6 626 6]1 NTfNFS.S. _-_ BUVER .'•'DA7F .•'__ 627 698 .S.Sp , . .?.. v.. U0 S'll'itielebyapploscsthr above contract this (dale) Van 0 LV ? 6U 611 ? list Os U,- Her has d the Consumer Not ce tes 1 ptedfis tfe Slat Real F L t C e u:ro at 49 P Goole §35336. - /n 05 to lot' 111111d st t m t (Sell rs 1 rid. los g ost, bef signing thca Agreement. - 636 63, azl and ondrrslxnds lha not ees and rxplannlory rn4rmmoo set fnnhmShn AgmnlrnL - 6I7 WB /?.? 6Ja 619 SELLER' S MAII. ING ADDRF_9S: -...rLl_ 09 to, "a 641 SPLLFR :S CON-TACI NUMBER(S)- 641 61] WIINESS 6aa SLLRAG DA7E? On tire 645 1VIJN SS SELLER DATE: 6x6 01 SSa - _ bat 649 WdTTSPSS_ __ SFLIFR ,DATE--` _ sag 650 SSa - 650 651 652 .:ISrukrr'yl;icensees'CerOicationsicheckalf:Ihat are apy4cable)' ... sn 653 ?.. ..Rrgalding Lend-Bass. YaillHa:rards Disclosure: Required if8ropertp. was built before 1978: The oudersige,d Lic,,as snvd,ed in 6s3 6sa.., Ifus uansaction, oa behalf of themsepes and It.... bmkerq ccmfy that theu statements are lme m the.best of thou knowledge and hebef-- ' Est sss- . Aammledgemerd: The Gcenseesimob,d in this,uansaniunhare informed Seller o(Seller sobligaiions under The Residential Lead-Rased 6s5 sss Paint Haraed Redoolion A0. 42 U_S.C §4852(d)_ and ve awazc of'h... ..."tsib'doy m ensure compliance 6w 65) 65] 65, ? Regarding FIL% Mortgages: The undersigned Gems... in.olvul m'his o-ansaxlon, on hebalf of themselves and lbeir brokers, realty that 659 059 the tams of this comrad foe purchase are mle to the best of their kno,utedge and bclrtf, and that any uthcr agnensm enmrrd iwo by any of 659 leo 'hue parries m connexion with this uansac611' is anachrA 1. this Agreement. 660 661 Ed 662 ? Regarding Mediation: The nnde¢igned ? Broker (or Sallee ? Broker for Buyer ay ee m sobmi' to utchildon in accordance with 662 653 paragraph 28 of this Ag¢emrnt. ` 6 66a 665 BROKER FOR SP:L LER (Company Name) 666 ACCEPITDBV ?,_ ---DATE- Ike Is, 663 BROKER FOR DIJYF.R (Cn "..v Name) _ - 669 669 ACCF;ITF.D B 669 / 6N 6n AlS-ZK Page 8 oI8 671 BUYER'S COPY AI)1)1':N1)t;NllENI)ORSEAll,;NT TO AGRFEMENT OF SALE ASA-L PROPER 1) SE1,111k G . - D.A'I'Ii OFA(;RFl-,NiJVNI ii rr ! ? c 7 All other terms and conditions of the Agreement of Sale remain unchanged a in full fort and effect, / WITNESS BUYER - - --- UATF, ?YITNFSS/___ BUYER -.__-- DACE -- -- __- WITNFSS-- -- -------------- ---- BUYER - ---- --------- - DATE ---- WITNESS ?- --- L >- -_._ SE.I,LF R ._ I - --- --- DATE -L WTTNFSSt,'???,L. SELLER z ? - - DATE WITNESS SELI FR -X_ DATE ® Pe syiva is AsS Cation of OPYRIGBT PENNSYLYANTA ASSOC LUZON OF REALTORSB 2002 REAfTOPS 9102 ?xica+ nwi..aws ?•e s?..ar.w. 14 Rhnnry O p(AM Sloll and Prruhv fccser 120 Sl<nne "yc ihice Carlisle. Pa 17015 (W) 541 9001 ( to 240-29M -to?e(>)t punet -? +ee•4 cicmUnf "0,dom ?m (717)362-3477 Fix 1717):762-4571 We propose n, In]Insh the hlxar and rlctlerial5 Iii the toIlw1 ing work l0 I c conjAcIed at the address listed above • AA (41. Cou im Starr, &hrr Federal: MY, permits, approvals, inspections, or.. whether Mer are Goy ernmenL M ganiration, &for Association rebled, shall be the fnll resporrmbilily of the Customer listed abovn and arc not included in this price. • Onner to supply electric grater and sanilarr, facilities. As per our nl5pectinn :1nd nronnlxndauun_ sae coot Iude that the Moor spcciGcal{y in the kitchen area is (tarrnaprd duc to an accint litm and uvaiimwn hssutl lluling loom and ]byer/hall seem to f v1 good condition ecru Nvit11 seasonal conditions Kitchen at ea can 1x 3csolved by 3c3rx>vntg existing flooring and installing new (same pnxhlci) but wish propel acclimation fln a!(croaule. 11 the existing product cannot Ixacquired is to 7ernulr all (luonn}' ,nut instaill >anle species in those areas a1 Kitchen area vmi lmi, x rood Dorn foamed and new (same product) installed Total labor and materials...... _ .................... __........... _....._..._..__.. _........ ..$ 4000.00 b Rcnwvc entire cxistiug wood flooring and install select Or better 2-ji4 inch oak flooring, sand and finish One cool scaler, two calls polyurethane Stain an additional $1 00 per square foot "rota! labor and nlateriab. _. _. _.......... _. _..._.........._ ......... ............_...$ 3000.00 TERMS: 50%dOWn balance uj'xnn completion Work to be completed will be billed as labor and maluvrAs at $421ir We are not responsible for delays in work for reasons beyond our control Labor and nnalerials guaranteed for one year ]ion dale of completion (for defects in workmanJship or materials only, not for nom-1l wear and tear, rnistise, or for problerr>s caused by reasons beyond our control) Mar3ufacturers' warranties apply as stated on each item so covered Prices gu:uanteed for 30 days only from date Of cOn1730 Caulomer can exercise the right of rescission (canceling the contract) I ( olMoi) Ma71ufat Iurets' trarlanties a(7ly as st:aed ,ail To h Ilan w I ("a rd Prices huar: cull for 30 da)s tm)y fIolI) date ul eontIaci (usu,mrI can k xtw w the tif'h! A it sussiutt IT all(elrn}! the eonha(t) fist Up to thtce days allcr the Jae of Ni WI, this ((qM:n I :unl must not If? Iin ui vv Iititty (,vhich liars a timely Ix)stnuuk) of Iht; dccisimi M. icscIN( t6c rieIII to th;iz}?e ,+ 24;, Erie ter OUT ar(Iounls past due (over i0 drys holm b1h1q, dRiC ) llIc id the (t,nuutuiwcaih ni Pcnns,itania poc(-m the Irlmr, WKI C M"WIVIS of ihis conUaci 1 have read and understand the trehnical aspct In IUlm In . and eschrslrnns as set 611 h a! an r Accepted Accepted l?at c Sill 111111of by PI S I ORA 110NS I iNI INII I F1), INC ??an s S Ttacinclli- l'residcni Note Please send ?s all pages ofihc sieved orWmnl, mw will send you a phutoct,pv 2 CERTIFICATE OF SERVICE i hereby certify that I have served a copy of the within document this e !?i day of 2006, on the following via facsimile and by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 CALDWELL & KEARNS By: 17 . .i Scott Feeser & Penny Feeser, Husband & Wife, Plaintiffs V. Katko, Inc. & Joseph Katkocin Defendants In The Court of Common Pleas Cumberland County, Pennsylvania No: 05-4904 NOTICE TO PLEAD a_ TO: Brett M. Woodburn, Esquire Caldwell and Kearns 3631 North Front Street Harrisburg, PA 17110-1533 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully Submitted TURO LAW OFFICES Date 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant Scott Feeser & Penny Feeser, Husband & Wife, Plaintiffs V. Katko, Inc. & Joseph Katkocin, Defendants In The Court of Common Pleas Cumberland County, Pennsylvania No: 05-4904 Answer To Second Amended Complaint 1. Admitted 2. Admitted 3. Admitted 4. Admitted 5. Denied.By way of further answer the agreement did not include the installation by Defendants of hardwood flooring in these rooms rather the price included the hardwood flooring but Plaintiffs knew and understood that they would deal with the installer directly who would actually do the installation of the floor that Plaintiffs chose. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied. Defendant denies that the hardwood flooring installed was defective and proof of the same is demanded at trial. 10. Denied. This allegation is a legal conclusion to which no responsive pleading is required and if a responsive pleading is required Defendant re-alleges that there were no defects in the floor. 11. Denied. The conclusions of this paragraph are legal conclusions to which no responsive pleading is required. By way of further answer Defendant re-alleges that there were no defects in the floor and any wood putty that was found was placed there by individuals other then Defendants and Defendant's had no responsibility or knowledge of any wood putty being utilized on the floor. 12. Denied. The conclusions of this paragraph are legal conclusion to which no responsive pleading is required. By way of further answer Defendant re-alleges that there were no defects in the floor and any wood putty that was found was placed there by individuals other then Defendants and Defendant's had no responsibility or knowledge of any wood putty being utilized on the floor. 13. Denied. Defendant, at no time, knew of any defect in the hardwood flooring and further denies that any defects in fact exist and proof of the same is demanded at trial. 14. Denied. Defendant, at no time, knew of any defect in the hardwood flooring and further denies that any defects in fact exist and proof of the same is demanded at trial. 15. Denied. Defendant, as stated above, deny that any defects exist or that the floor was improperly installed and, if the same is proven, the Defendants deny that they had any knowledge of any defects or any improper installation and such defects or improper installation is the fault of third parties not controlled by Defendants. 16. Denied. It is denied that at anytime Defendants, installed wood putty in the wood floor and, of the same is proven, Defendant re-alleges that such installation was at the request of Plaintiffs by third parties not associated or controlled by Defendants who would be ultimately responsible if such were proven. 17. Admitted and Denied. It is admitted that Plaintiff's told Defendants that there were defects in the floor however Defendant deny that defects exist or that Defendants, were in anyway responsible for any defects. 18. Denied. Defendants have asked responsible parties who installed the floor to investigate and fix any defects however none have been found. 19. Defendants have no information as to the allegations in this paragraph and thus the same is denied and proof is demanded. 20. Defendants have no information as to the allegations in this paragraph and thus the same is denied and proof is demanded. 21. Admitted and Denied. It is admitted that a bid proposal for alleged correction was obtained and however it is denied that such bid proposal is correct or that it has anything to do with actions taken by Defendants. 22. Denied. The hardwood floor product is still available from the manufacturer. 23. Denied. It is denied that any flooring must be replaced however if it is determined that some flooring must be replaced it can be done without removing the entire floor and responsible parties who installed the floor in the first place could do so. 24. Denied. 25. No responsive pleading required. 26. Admitted and Denied. It is admitted that the price is as stated and it is denied that the flooring was not property installed proof of the same is demanded at trial. 27. Denied. Defendant breached no duty to Plaintiff and did deliver the house as promised. 28. This is a legal conclusion to which no responsive pleading is denied. WHEREFORE, defendants request judgment in their favor and against plaintiffs. 29. No responsive pleading required. 30. Admitted. 31. Admitted. 32. Denied. The language is as stated and defendants have stood behind their warranties. 33. Denied. Proof of the same is required. 34. It is admitted that Plaintiff alleged a defect however Plaintiff has not proven a defect and, most importantly, Defendants are not responsible for any defects in the wood flooring that was installed by others at the request of Plaintiff. 35. It is admitted that Plaintiff alleged a defect however Plaintiff has not proven a defect and, most importantly, Defendants are not responsible for any defects in the wood flooring that was installed by others at the request of Plaintiff. 36. It is admitted that Plaintiff alleged a defect however Plaintiff has not proven a defect and, most importantly, Defendants are not responsible for any defects in the wood flooring that was installed by others at the request of Plaintiff. 37. Denied. Proof of the same is demanded at trial. WHEREFORE, Defendants request judgment in their favor and against Plaintiffs. 38. Denied. Plaintiff inspected the home and made arrangements to purchase the wood flooring and to involve themselves with the installation through a third party not under the direction or supervision of Defendants and consequently are responsible for any alleged defects in the floor as they supervised the installation. 39. Denied. 40. Denied. 41. Denied. It is denied that Defendants made any false or reckless claims in this matter and proof of the same is demanded at trial. 42. Denied. Defendants, at no time, involved themselves with the installation of the floor or the installation of putty and if the same is proven such installation is the responsibility of third parties not under the supervision and control of defendants. 43. Denied. See answers above. 44. Denied. See answers above. 45. Denied. The Plaintiffs have not suffered any injuries or damages and certainty if defects exist they were not the result of gross, wanton, or reckless conduct of Defendant and proof of the same is demanded at trial. WHEREFORE, Defendants request judgment in their favor and against Plaintiffs. 46. No responsive pleading is required. 47. Admitted. 48. Denied. The allegations in this paragraph are legal conclusions which are denied in their entirety by Defendants. 49. Admitted. 50. Admitted. 51. Denied. The allegations in this paragraph are legal conclusions which are denied and proof of the same is demanded at trial. WHEREFORE, Defendants request judgment in their favor and against Plaintiffs. 52. No responsive pleading is required. 53. Admitted and Denied. It is admitted that the Defendants had a responsibility to provide a home pursuant to the contract which they did and any allegations contrary to that is specifically denied and proof of the same is demanded. 54. Denied. Defendants did not install the wood floor which was installed by others under the direct supervision of Plaintiff. 55. Denied. Defendants did not install the wood floor which was installed by others under the direct supervision of Plaintiff. 56. Denied. Defendants did not install the wood floor which was installed by others under the direct supervision of Plaintiff. 57. Denied. Defendants did not install the wood floor which was installed by others under the direct supervision of Plaintiff. 58. Denied. Proof of the same is demanded at trial. WHEREFORE, Defendants request judgment in their favor and against Plaintiffs. NEW MATTER 59. The Defendants were the owners and builder of the home referenced above. 60. Plaintiff Scott Feeser contacted Defendants and arranged to buy the home along with his future wife Plaintiff Penny Feeser. 61. Because the home was being built at the time Plaintiff contracted to buy the same, Defendants explained to Plaintiffs that they would be given an allowance for flooring and could make arrangements with a manufacture/seller of floor products as well as an installer of Plaintiffs own choice. 62. Plaintiffs made an arrangement to work with Griff s Flooring and Plaintiffs went to Griffs place of business where they selected a flooring type after consultation, discussion and recommendation of Griff s. 63. At no time, during this process, were Defendants involved in the selection, purchase or suggestion as to a suitable floor product for the home. 64. Plaintiffs, during their meetings with Griffs, chose Griffs or Griffs sub-contractor to install the hardwood floor. 65. At the request of plaintiff s and under their direct supervision Griffs did sell the product to Plaintiffs and did install the hardwood floor or have such installation sub-contracted under the direct supervision and control of Plaintiffs. 66. At no time, during this process, did Defendants supervise, contract or otherwise involve themselves with the installation of the hardwood floor which was completely under the control, supervision and direction of Plaintiffs. 67. Defendant's responsibility was simply limited to payment to Griff's on behalf of Plaintiffs for the product purchase selected and install under the supervision, direction of the Plaintiffs. 68. Plaintiffs, at all time relevant hereto, played the part of sub-contractors in that they specifically took over all responsibility for the selection, purchase and installation of the wood floor in their home and did, at all time relevant hereto, contract with third parties not under the direction, supervision or control of Defendants and did, in such capacity as a sub-contractor, supervise the installation of the hard wood floor thus relieving Defendants of any responsibility as alleged above. 69. The Defendants did not, at any time relevant hereto, select, analyze, measure or install the hardwood flooring in the home but merely acted as a conduit for the payment of money from the Plaintiff to Griff's and Griff s sub-contractors and was therefore not responsible, in any way, for any defects that may have occurred in the manufacture, selection or installation of said floor. 70. If it is determined that Defendants are responsible in anyway, for any defective installation, said finding must be reduced by the negligence of Plaintiff acting as a sub- contractor and supervisor of the installation of the wood floor. WHEREFORE, for all the above reasons, Defendants request judgment in their favor and against Plaintiffs. Date Ron Turo, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717)245-9688 ext31 v VERIFICATION I, Ron Turo, Esquire, attorney for the Defendants herein, have sufficient knowledge of the facts contained in this Answer to Second Amended Complaint and verify that the statements made in the foregoing Answer to Second Amended Complaint are true and correct to the best of my knowledge, based upon information received from the Defendant. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. i - iDatequire Y CERTIFICATE OF SERVICE I, Ron Turo, Esquire hereby certify that I served a true and correct copy of the Answer to Second Amended Complaint, upon Brett M. Woodburn, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the lG day of ??? , 2006, from Carlisle, Pennsylvania, addressed as follows: Brett M. Woodburn, Esquire Caldwell and Kearns 3631 North Front Street Harrisburg, PA 17110-1533 LAW OFFICES 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 ' 08107/2003 15:10 7177311392 GRIFFS FLOORING PAGE 02 GRIEF'S FLOORING 5205 N FERRY MCC ECMANICS NICSBURG, PA 1 17 7060-3536 (717) 795.7300 B81 TO 4 i YsOco S}rc. . P.O. Box 370 C>mop BIL PA 17001 Invoice Date lf%VO" 5 F Sf/t2003 Tai P.O. No. Terms Due Date Job Net15 8/222003 Chweh f1aasoriptto n gpe Rate Amount -- Ashton Net" 3/4 Solid H:drdwood 960 3.50 2 00 3,360.00 920 00 1 d Wl m 960 . . , oa hu e ihudwoo Transition Strips 4 411 15.95 10 63.80 690.48 concept Val - 411 0.63 258.93 wihubdlstioa V 320 0.62 198.40 matiply Uadetla9m d 320 37 0 118.40 Sahtlo ItNtellatioa ` 49 33 . 10.50 517.97 SP501 Rgpt u Carpet halatlstiea . _..,...__......... ff ... ....._........_w . 3 3.00 147.99 6Pddlag / 2.00 10 00 98.66 500 00 Prefigy Caw Color sib BmkdBdbaPddiosi t so 80 . 2.00 . 160,00 Baba Carpet And Pd h AOINUm 5o 250.00 kill ..) s . r c yQ ,r Total $5,614.63 G y? \ Lb V-) PaymentstCredits $4,000.00 Balance Due • iua7n(Iow) 1 l4 V - 14,614.63 C7 VERIFICATION I, Ron Turo, Esquire, attorney for the Defendants herein, have sufficient knowledge of the facts contained in this Complaint to Join Additional Defendant and verify that the statements made in the foregoing Complaint to Join Additional Defendant are true and correct to the best of my knowledge, based upon information received from the Defendant. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date Ron Turo, Esquire Y 7 CERTIFICATE OF SERVICE I, Ron Turo, Esquire hereby certify that I served a true and correct copy of the Complaint To Join Additional Defendant, upon Brett M. Woodburn, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the / _?- day of T? , 2006, from Carlisle, Pennsylvania, addressed as follows: Brett M. Woodburn, Esquire Caldwell and Kearns 3631 North Front Street Harrisburg, PA 17110-1533 LAW OFFICES Ron Turo, Esquire l 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 ??> ?-; -?, '?:; ?. ' ? } . ; _.. ?? SCOTT FEESER & PENNY FEESER : IN THE COURT OF COMMON PLEAS OF Husband and Wife : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. : NO: 05-4904 KATCO, INC. & JOSEPH KATKOCIN CIVIL ACTION - LAW Defendants VS. GRIFF'S FLOORING Additional Defendant TO: DEFENDANTS NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff other rights important to you. You may lose money or property or 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 Lawyer Referral Service 32 South Bedford Street Carlisle PA 17013 Telephone: (717) 249-3166 SCOTT FEESER & PENNY FEESER : IN THE COURT OF COMMON PLEAS OF Husband and Wife : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 05-4904 KATKO, Inc. & JOSEPH KATKOCIN : CIVIL ACTION - LAW Defendant VS. GRIFF'S FLOORING Additional Defendant ANSWER TO COMPLAINT TO JOIN ADDITIONAL DEFENDANT AND NEW MATTER AND NOW, comes the Defendant, Griffs Flooring, by and through his attorney, Gregory J. Katshir, Esquire, with the following Answer to Complaint and New Matter and avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. ANSWER 4. Paragraph 4 of the Complaint is specifically denied. Clifton W. Griffiths, an individual traded and did business as an unregistered fictitious name of Griffs Flooring Specialists. By way of further answer, Additional Defendant hereby provides consent to Defendant to amend or correct the name pursuant to Pa.R.C.P. 1033. 5. Paragraph 5 of the Complaint is admitted to the extent that Plaintiffs filed a second amended complaint alleging defects in wood flooring installed in their home. However, it is specifically denied that any defects existed and that additional defendant is responsible for any such defect and strict proof thereof is demanded at the time of trial. 6. Paragraph 6 is admitted. 7. Paragraph 7 is admitted that Plaintiffs allege that the installed floor was defective however it is specifically denied that additional defendant is responsible for such defect and that any defect existed in the flooring and proof thereof is demanded at the time of trial. 8. Paragraph 8 is admitted to the extent that Plaintiffs allege that they discovered defects and wood putty after settlement, however it is specifically denied that additional defendant is responsible for such defects and denies the use of any wood putty. 9. Paragraph 9 is denied. Additional defendant is without knowledge as to what was known by Defendant. 10. Paragraph 10 attempts to set forth a legal conclusion to which no responsive pleading is required. 11. The averments set forth in Paragraph 11 attempt to set forth conclusions of law to which no responsive pleading is required. 12. Paragraph 12 on the Complaint is denied. Additional defendant is without knowledge as to the agreement between Defendant and Plaintiff and strict proof thereof is demanded at the time of trial. 13. Paragraph 13 is denied. Additional Defendant was contacted by Defendant to perform flooring work. 14. Paragraph 14 is denied. By way of further answer, as the general contractor for the construction of the residence, Defendant requested Additional Defendant to install flooring. Defendant was present and supervised the installation. The flooring was installed prior to the sale of the residence. 15. Paragraph 15 is denied. It is denied that additional defendant met with and sold flooring product to Plaintiffs. The hardwood flooring was chosen by Defendant. It is specifically denied that the hardwood flooring was installed under the direct supervision and control of Griff s Flooring. Specifically, a third party installed the wood flooring and Defendant was present during the installation. The installation was under the supervision of Defendant. 16. Paragraph 16 is denied. By way of further answer, the invoice attached to Defendants' Complaint is not for the job complained of. The amount of $7,689.91 was paid for the project at Plaintiffs' residence. See attached invoice. Of that amount $3120.00 was for the hardwood flooring and installation. $1200.00 was paid to a third party for its installation of the flooring. The remainder of the money paid by Defendant was for carpet and vinyl and installation. 17. Paragraph 17 sets forth a legal conclusion to which no responsive pleading is required. WHEREFORE, Additional Defendant requests this Honorable Court to dismiss Defendant's Complaint. NEW MATTER 18. Additional Defendant incorporates by reference all previous paragraphs as if the same were set forth in detail. 19. Griffs Flooring has been named as the additional defendant in this matter. However, at the time of the alleged action or inaction that is the subject of this matter, Clifton W. Griffiths was doing business as Griffs Flooring Specialists, an unregistered name. 20.As general contractor, Defendant contacted Additional Defendant to request him to install flooring in the residence he was constructing. Defendant chose the flooring to be installed. 21.Additional Defendant installed carpeting and vinyl flooring. The wood flooring, however, was installed completely and solely by Doug Lindsey, trading as D&L Hardwood Flooring. Defendant, at all times, supervised the installation of the hardwood flooring by D& L Hardwood Flooring. 22. Additional Defendant was not negligent, careless and/or reckless at any time material hereto. 23. Subsequent to the installation of the hardwood flooring, Plaintiffs frequently used water on the hardwood flooring. The use of water on the flooring by Plaintiffs may have been the direct cause of any complained of damage. 24. Subsequent to the installation of the flooring that is the subject of this action, Clifton W. Griffiths, doing business as Griffs Flooring Specialists received a discharge of debts under section 727 of Title 11, of the Bankruptcy code on August 11, 2004 and is therefor immune from suit. WHEREFORE, Additional Defendant requests this Honorable Court to enter judgment in his favor and against Plaintiffs and Defendant. Respectfully Gregory J. Katshir, Esquire Attorney for Additional Defendant PA ID#61967 900 Market Street Lemoyne PA 17043 (717) 763-8133 Griffs Flooring East Gate Plaza 5205 Simpson Ferry Road Mechanicsburg, PA 17050 Bill To Katko Inc. P.O. Box 370 Camp Hill, PA 17001 00 Invoice Date Invoice# 9/19/2003 294 P.O. No. Terms Due Date Job Net 15 10/14/2003 Beezer Description Size Rate Amount Ashton Natural 3/4 Solid Hardwood Hardwood Installation Pacesetter Style 60002 Vinyl Installation Multiply Underlayment Subfloor Installation Distinction Color 61b Bonded 7/16 inch Padding Regular Carpet Installation Ceramic Tile Portifino color villa Concrete Board Labor Concrete Board 1/2 inch Ceramic Labor Floor Ceramic Labor Wall 560 560 22.67 22.67 8 8 195 195 195 1 90 7 80 30 3.75 2.00 20.00 5.00 11.00 6.00 10.00 2.00 3.00 322.16 1.00 10.00 100 4.00 2,100.00 1,120.00 453.40 113.35 88.00 48.00 1,950.00 390.00 585.00 322.16 90.00 70.00 240.00 120.00 Total $7,689.91 Payments/Credits $_7,689.91 Balance Due $0.00 VERIFICATION OF KNOWLEDGE. INFORMATION AND BELIEF I verify that the facts set forth in the foregoing Answer and New Matter are true and correct to the best of my knowledge, information and belief. I understand that false averments herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 4/0 6 00?10' ?? Clifton W. Griffit s CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the foregoing Answer AND New Matter was served upon the following via First Class mail, on 3/1/04 , postage prepaid as follows: Ron Turo, Esquire 28 South Pitt Street Carlisle PA 17013 Brett M. Woodburn, Esquire Caldwell and Kearns 3631 North Front Street Harrisburg PA 17110 /I Greg tAIJ. Katsnir, Esquire Atto ne for Additional Defendant ( «...>' STS .{ ?. 't ?i1 (.?„. - t '_ ?? 'l ?? ? "- t { l,'3 SCOTT FEESER & PENNY FEESER Husband and Wife : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOTT FEESER & PENNY FEESER Husband and Wife : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. KATCO, INC. & JOSEPH KATKOCIN Defendants VS. GRIFF'S FLOORING Additional Defendant VS. DOUG LINDSEY t/d/b/a D&L HARDWOOD FLOORING Additional Defendant TO: DEFENDANT NO: 05-4904 CIVIL ACTION - LAW NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle PA 17013 Telephone: (717) 249-3166 SCOTT FEESER & PENNY FEESER : IN THE COURT OF COMMON PLEAS OF Husband and Wife : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 05-4904 KATKO, Inc. & JOSEPH KATKOCIN : CIVIL ACTION - LAW Defendant VS. GRIFF'S FLOORING Additional Defendant VS. DOUG LINDSEY t/d/b/a D&L HARDWOOD FLOORING Additional Defendant SCOTT FEESER & PENNY FEESER : IN THE COURT OF COMMON PLEAS OF Husband and Wife : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 05-4904 KATKO, Inc. & JOSEPH KATKOCIN : CIVIL ACTION - LAW Defendant VS GRIFF'S FLOORING Additional Defendant VS. DOUG LINDSEY t/d/b/a D&L HARDWOOD FLOORING Additional Defendant COMPLAINT TO JOIN ADDITIONAL DEFENDANT AND NOW, comes the Additional Defendant, Clifton W. Griffiths, formerly t/d/b/a Griffs Flooring, by and through his attorney, Gregory J. Katshir, Esquire, with the following Complaint to Join Additional Defendant as follows: 1. Original Plaintiffs Scott Feeser and Penny Feeser are adult individuals residing at 120 Stonehedge Drive, Carlisle, Cumberland County Pennsylvania 17013. 2. Original Defendant, Katko, Inc. is a Pennsylvania corporation located at P.O. Box 370 Camp Hill Pennsylvania 17011. 3. Original Defendant Joseph Katkocin is an adult individual and owner, president and agent of Defendant Katko, with a business address of P. O. Box 370 Camp Hill Pennsylvania 17011. 4. Original Additional Defendant Griffs Flooring, an unregistered fictitious name, was owned and operated by Clifton W. Griffiths with an address of 199 S. Sporting Hill Road, Mechanicsburg P A 17050. 5. Additional Defendant Doug Lindsey t/d/b/a D&L Hardwood Flooring is a registered fictitious name with a business address of RD #2 P.O. Box 504, Richfield Pennsylvania 17086. 6. On or about February 3, 2006, Plaintiffs filed a Second Amended Complaint against Defendants alleging defects in wood flooring installed in their home pursuant to an Agreement of Sale dated July 23, 2003. 7. Plaintiffs allege that they entered into an agreement of sale to purchase a home owned by Defendant Joseph Katkocin and built by Defendant Katko, Inc. 8. Plaintiffs further allege that the flooring in the was defective and was installed in an improper manner 9. Further, Plaintiffs allege that defects, wood putty and large gaps at the joints were discovered after settlement. 10. Plaintiffs allege that original Defendants knew of the defects prior to settlement and tried to hide the defects with wood putty. 11. On or about February 15, 2006, Original Defendants filed a Complaint to Join Additional Defendant Griffs Flooring. 12. Pursuant to the Pennsylvania Rules of Civil Procedure, Additional Defendant now joins Doug Lindsey, t/d/b/a D& L Hardwood Flooring as an additional defendant and provides true and correct copies of all pleadings filed in this matter. 13. Without admitting the truth or accuracy thereof, or admitting liability therefore, Additional Defendant hereby incorporates the allegations contained in Plaintiffs' Second Amended Complaint and Defendant's Katko, Inc. and Katkocin Complaint to Join Additional Defendant as if the same were set forth in detail. Additional Defendant avers that any claimed damages arising from the alleged defective flooring are attributable to Additional Defendant, Doug Lindsey, t/d/b/a D&L Hardwood Flooring. 14. Defendant Katkocin was the owner of property at 120 Stonehedge Drive, Carlisle PA. Defendant Katko, Inc. was the general contractor in charge of building a residence on said property. 15. Defendant Katkocin and/or Katko, Inc. contacted Additional Defendant Griffiths for the purposes of installing flooring in the residence. Additional Defendant Griffiths agreed and contacted Additional Defendant Lindsey to install the hardwood flooring. Lindsey agreed to install the hardwood flooring. 16. Additional Defendant Lindsey installed the hardwood flooring outside of the control of Additional Defendant Griffiths but under the ultimate supervision and control of Defendant Katkocin and/or Katko, Inc. 17. Defendants paid Additional Defendant Griffiths the amount of $7689.91 for the total amount of flooring installation completed by Griffiths and Lindsey. Additional Defendants Lindsey were paid the amount of $1200.00 for the installation of the hardwood flooring. The amount of $3220.00 was paid by Defendants for the hardwood and hardwood installation. See attached invoice. 18. If any liability is found against Additional Defendant Griffiths and in favor of Plaintiffs and/or Defendants Katkocin or Katko, Inc. such liability is the sole and complete responsibility of Doug Lindsey t/d/b/a D&L Hardwood Flooring. WHEREFORE, Additional Defendant Griffiths respectfully request that this Honorable Court enter Judgment that in the event that it is determined that Additional Defendant Griffiths has any liability for the damages alleged in either Plaintiffs' Complaint of Defendants' Complaint then Additional Defendant Lindsey is solely liable on Plaintiffs' cause of action and liable over to or jointly or severally liable on Plaintiffs' cause of action. . Katshir, Esquire for Additional Defendant PA ID#61967 900 Market Street Lemoyne PA 17043 (717) 763-8133 Griffs Flooring East Gate Plaza 5205 Simpson Ferry Road Mechanicsburg, PA 17050 Bill To Katko Inc. P.O. Box 370 Camp Hill, PA 17001 Invoice Date Invoice # 9/29/2003 294 P.O. No. Terms Due Date Job Net 15 10/14/2003 Beezer Description Size Rate Amount Ashton Natural 3/4 Solid Hardwood 560 3.75 2,100.00 Hardwood Installation 560 2.00 1,120.00 Pacesetter Style 60002 22.67 20.00 453.40 Vinyl Installation 22.67 5.00 113.35 Multiply Underlayment 8 11.00 88.00 Subtloor Installation 8 6.00 48.00 Distinction Color 195 10.00 1,950.00 61b Bonded 7/16 inch Padding 195 2.00 390.00 Regular Carpet Installation 195 3.00 585.00 Ceramic Tile Portifmo color villa 1 322.16 322.16 Concrete Board Labor 90 1.00 90.00 Concrete Board 1/2 inch 7 10.00 70.00 Ceramic Labor Floor 80 3.00 240.00 Ceramic Labor Wall 30 4.00 120.00 Total $7,689.91 Payments/Credits $_7,689.91 Balance Due $0.00 VERIFICATION OF KNOWLEDGE. INFORMATION AND BELIEF I verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false averments herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: Cli ton W. Griffiths CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the foregoing Complaint to Join Additional Defen ant was served upon the following via First Class mail, on postage prepaid as follows: Ron Turo, Esquire 28 South Pitt Street Carlisle PA 17013 Brett M. Woodburn, Esquire Caldwell and Kearns 3631 North Front Street/ Harrisburg PA 17110 4 Gre ory [JV 'Katshir, Esquire Att rnev for Additional Defendant SCOTT FEESER & PENNY FEESER Husband and Wife Plaintiffs VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 05-4904 KATCO, INC. & JOSEPH KATKOCIN : CIVIL ACTION - LAW Defendants VS. GRIFF'S FLOORING Additional Defendant TO: DEFENDANTS NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following paces, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff other rights important to you. You may lose money or property or 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 Lawyer Referral Service 32 South Bedford Street Carlisle PA 17013 Telephone: (717) 249-3166 Flooring Specialists. By way of further answer, Additional Defendant hereby provides consent to Defendant to amend or correct the name pursuant to Pa.R.C.P. 1033. 5. Paragraph 5 of the Complaint is admitted to the extent that Plaintiffs filed a second amended complaint alleging defects in wood flooring installed in their home. However, it is specifically denied that any defects existed and that additional defendant is responsible for any such defect and strict proof thereof is demanded at the time of trial. 6. Paragraph 6 is admitted. 7. Paragraph 7 is admitted that Plaintiffs allege that the installed floor was defective however it is specifically denied that additional defendant is responsible for such defect and that any defect existed in the flooring and proof thereof is demanded at the time of trial. 8. Paragraph 8 is admitted to the extent that Plaintiffs allege that they discovered defects and wood putty after settlement, however it is specifically denied that additional defendant is responsible for such defects and denies the use of any wood putty. 9. Paragraph 9 is denied. Additional defendant is without knowledge as to what was known by Defendant. 10. Paragraph 10 attempts to set forth a legal conclusion to which no responsive pleading is required. 11. The averments set forth in Paragraph 11 attempt to set forth conclusions of law to which no responsive pleading is required. 12. Paragraph 12 on the Complaint is denied. Additional defendant is without knowledge as to the agreement between Defendant and Plaintiff and strict proof thereof is demanded at the time of trial. 13. Paragraph 13 is denied. Additional Defendant was contacted by Defendant to perform flooring work. 14. Paragraph 14 is denied. By way of further answer, as the general contractor for the construction of the residence, Defendant requested Additional Defendant to install flooring. Defendant was present and supervised the installation. The flooring was installed prior to the sale of the residence. 15. Paragraph 15 is denied. It is denied that additional defendant met with and sold flooring product to Plaintiffs. The hardwood flooring was chosen by Defendant. It is specifically denied that the hardwood flooring was installed under the direct supervision and control of Griffs Flooring. Specifically, a third party installed the wood flooring and Defendant was present during the installation. The installation was under the supervision of Defendant. 16. Paragraph 16 is denied. By way of further answer, the invoice attached to Defendants' Complaint is not for the job complained of. The amount of $7,689.91 was paid for the project at Plaintiffs' residence. See attached invoice. Of that amount $3120.00 was for the hardwood flooring and installation. $1200.00 was paid to a third party for its installation of the flooring. The remainder of the money paid by Defendant was for carpet and vinyl and installation. 17. Paragraph 17 sets forth a legal conclusion to which no responsive pleading is required. WHEREFORE, Additional Defendant requests this Honorable Court to dismiss Defendant's Complaint. NEW MATTER 18. Additional Defendant incorporates by reference all previous paragraphs as if the same were set forth in detail. 19. Griffs Flooring has been named as the additional defendant in this matter. However, at the time of the alleged action or inaction that is the subject of this matter, Clifton W. Griffiths was doing business as Griffs Flooring Specialists, an unregistered name. 20. As general contractor, Defendant contacted Additional Defendant to request him to install flooring in the residence he was constructing. Defendant chose the flooring to be installed. 21.Additional Defendant installed carpeting and vinyl flooring. The wood flooring, however, was installed completely and solely by Doug Lindsey, trading as D&L Hardwood Flooring. Defendant, at all times, supervised the installation of the hardwood flooring by D& L Hardwood Flooring. 22. Additional Defendant was not negligent, careless and/or reckless at any time material hereto. 23. Subsequent to the installation of the hardwood flooring, Plaintiffs frequently used water on the hardwood flooring. The use of water on the flooring by Plaintiffs may have been the direct cause of any complained of damage. 24. Subsequent to the installation of the flooring that is the subject of this action, Clifton W. Griffiths, doing business as Griffs Flooring Specialists received a discharge of debts under section 727 of Title 11, of the Bankruptcy code on August 11, 2004 and is therefor immune from suit. WHEREFORE, Additional Defendant requests this Honorable Court to enter judgment in his favor and against Plaintiffs and Defendant. Respectfully submitted, Gregory J. Katshir, Esquire Attorney for Additional Defendant PA ID#61967 900 Market Street Lemoyne PA 17043 (717) 763-8133 Griffs Flooring East Gate Plaza 5205 Simpson Ferry Road Mechanicsburg, PA 17050 Bill To Katko Inc. P.O. Box 370 Camp Hill, PA 17001 %---4011 Invoice Date Invoice # 9/29/2003 294 P.O. No. Terms Due Date Job Net 15 10/14/2003 Beezer Description Size Rate Amount Ashton Natural 3/4 Solid Hardwood 560 3.75 2,100.00 Hardwood Installation 560 2.00 1,120.00 Pacesetter Style 60002 22.67 20.00 453.40 Vinyl Installation 22.67 5.00 113.35 Multiply Underlayment 8 11.00 88.00 Subf1wr Installation 8 6.00 48.00 Distinction Color 195 10.00 1,950.00 61b Bonded 7/16 inch Padding 195 2.00 390.00 Regular Carpet Installation 195 100 585.00 Ceramic Tile Portifino color villa 1 322.16 322.16 Concrete Board Labor 90 1.00 90.00 Concrete Board 1/2 inch 7 10.00 70.00 Ceramic Labor Floor 80 3.00 240.00 Ceramic Labor Wall 30 4.00 120.00 Total $7,689.91 Payments/Credits $_7,689.91 Balance Due $0.00 VERIFICATION OF KNOWLEDGE, INFORMATION AND BELIEF I verify that the facts set forth in the foregoing Answer and New Matter are true and correct to the best of my knowledge, information and belief. I understand that false averments herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: L /O C' 04?? Tifton W. Griffit s CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the foregoing Answer AND New Matter was served upon the following via First Class mail, on 3/ B6 postage prepaid as follows: Ron Turc, Esquire 28 South Pitt Street Carlisle PA 17013 Brett M. Woodburn, Esquire Caldwell and Kearns 3631 North Front Street Harrisburg PA 17110 /, Greg Katshir, Esquire Atto ne for Additional Defendant Scott Feeser & Penny Feeser, Husband & Wife, Plaintiffs V. Katko, Inc. & Joseph Katkocin, Defendants V. Griff's Flooring, Additional Defendant In The Court of Common Pleas Cumberland County, Pennsylvania No: 05-4904 NOTICE n t` C? r? c YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 $~fl\ 'R(? (717) 249-3166 Scott Feeser & Penny Feeser, Husband & Wife, Plaintiffs V. Katko, Inc. & Joseph Katkocin, Defendants V. Griff s Flooring, Additional Defendant In The Court of Common Pleas Cumberland County, Pennsylvania No: 05-4904 Complaint To Join Additional Defendant 1. Original Plaintiffs Scott Feeser and Penny Feeser are adult individuals currently residing at 120 Stonehedge Drive, Carlisle, Cumberland County, Pennsylvania 17013 2. Original Defendant, Katko, Inc. is a Pennsylvania Business, Corporation and General Contracting Company located at P.O. Box 370, Camp Hill, Pennsylvania 17011. 3. Original Defendant Joseph Katkocin is an adult individual and owner, president and agent of Defendant Katko, with a business address of P.O. Box 370, Camp Hill, Pennsylvania 17011. 4. Additional Defendant Griff s Flooring is a Pennsylvania Business organized and existing under the laws of the State of Pennsylvania with a principal place of business located at 5205 Simpson Ferry Road, Mechanicsburg, Cumberland County, Pennsylvania 17050-3534. 5. On or about February 3, 2005 original Plaintiff's, Feeser filed a second amended complaint against Defendants alleging defects in a wood floor installed in their home pursuant to an agreement of sale on or about July 23, 2003. 6. Feeler's alleged that they entered into a agreement of sale to a purchase of a home owned by Defendant Joseph Katkocin and built by Defendant Katko, Inc. at 120 Stonchedge Drive, Carlisle, PA 17013. 7. The Plaintiff contend, in their complaint, that the flooring installed was defective and was installed in an improper, un-workman like manner in the kitchen area. 8. Plaintiff further contended that they discovered the defects after settlement and also discovered colored wood putty coming out of the wood floor leaving large and noticeable gaps at the joints of the hardwood flooring. 9. The Plaintiff further alleged that the Defendants knew of the defects prior to settlement and attempted to hide or disclose the defect by placing wood putty in the gaps. 10. Pursuant to the Pennsylvania Rules of Civil Procedures the Defendant's, Katko, Inc and Joseph Katkocin now joins Griff s Flooring as an additional Defendant and provides true and correct copies of all pleading filed in this action. 11. Without admitting the truth or accuracy thereof, or admitting liability therefore, Defendant's Katko Inc. and Joseph Katkocin hereby incorporates the allegations contained in the Plaintiffs second amended complaint as if fully set forth therein and avers that any claimed damages arising from the alleged defective flooring are attributable to the seller and installer of the hardwood flooring, Griffs Flooring. 12. At all times relevant hereto Defendants did indicate to Plaintiffs that Plaintiffs had "an allowance" in order to purchase flooring in the kitchen area. 13. Plaintiffs contacted additional Defendant Griff s Flooring. 14. The only role of Defendant's in this matter was as go between and as the payer for this allowance. 15. At all times relevant hereto Defendant's allege that additional Defendant, Griff s Flooring, did advise, recommend and sell to Plaintiff's a flooring product and thereafter, under the direct supervision, control of the Plaintiffs did have such hardwood flooring installed in Plaintiffs home. 16. At all time relevant hereto Defendants did agree to pay the bill to Griff s Flooring, which they did in the amount of $8.614.63. A copy of the invoice is attached hereto and made part hereof. 17. If any liability should be found against Defendants and in favor of Plaintiffs such liability is the sole and complete responsibility of Griff s Floor who sold the floor to Plaintiff and installed the floor without any assistance, direction, supervision or control of Defendants, Katko, Inc. and Joseph Katkocin. WHEREFORE, Defendant, Katko, Inc. and Joseph Katkocin respectfully request that this Court enter Judgment that, in the event it is determined that Defendants have any liability for the damages alleged in Plaintiffs complaint, then additional Defendant Grif 's Floor is solely liable on Plaintiffs cause of action and liable over to Defendants to Plaintiff cause of action or jointly or severally liable on Plaintiff cause of action. Submitted, Date Ron Turo, Esquire, Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717)245-9688 ext 31 Attorney For Defendants Katko, Inc & Joesph Katkocin IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL COVER SHEET Scott Feeser and Penny Feeser, Husband and Wife, Plaintiffs, No. 05-4904 vs. Civil Action - Law Katko, Inc., and Joseph Katkocin, Second Amended Complaint Defendants. Caldwell & Keams Brett M. Woodburn, Esquire Attorney I.D. 481786 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 bwoocihtir?i'ii_caldq Ill:ca ns.c ml Attorney for Plaintiffs Scott and Penny Feeser SCOTT FEESER and PENNY IN THE COURT OF COMMON PLEAS FEESER, Husband and Wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. : NO. 05-4904 KATKO INC., and JOSEPH CIVIL ACTION- LAW KATKOCIN, Defendants JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 SCOTT FEESER and PENNY IN THE COURT OF COMMON PLEAS FEESER, Husband and Wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs_ : NO. 05-4904 KATKO INC., and JOSEPH CIVIL ACTION LAW KATKOCIN, Defendants JURY TRIAL DEMANDED NOTICIA Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas on 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 o en persona o por abogado y archivar on la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo a viso o notificacion, y per cualquier queja o alivio que es pedido on la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos iinportantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 SCOTT FEESER and PENNY FEESER, Husband and Wife, Plaintiffs vs. KATKO INC., and JOSEPH KATKOCIN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4904 CIVIL ACTION - LAW JURY TRIAL DEMANDED SECOND AMENDED COMPLAINT AND NOW, come the Plaintiffs, Scott Feeser and Penny Feeser, husband and wife, by and through their attorneys, Caldwell & Kearns, and file the within Complaint; and in support thereof, avers as follows: 1. Plaintiffs, Scott and Penny Feeser ("Plaintiffs"), are a married couple currently residing at 120 Stonehedge Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant, Katko Inc., ("Defendant Katko"), is a Pennsylvania business corporation and general contracting company, with a principal place of business located at P.O. Box 370, Camp Hill, Pennsylvania, 17001, and registered corporate office at 3803 Pamay Drive, Mechanicsburg, Pennsylvania 17055. 3. Defendant Joseph Katkocin, ("Defendant Katkocin"), is an adult individual and owner, president and agent of Defendant Katko, who currently resides at 3803 Pamay Drive, Mechanicsburg, Pennsylvania 17055. 4. On or about July 23, 2003, Plaintiff Scott Feeser entered into an Agreement of Sale ("Agreement') with Defendant Katko for the purchase of a new home located at 120 Stonehedge Drive, Carlisle, Pennsylvania, 17013 ("Property"). A true and correct copy of the Agreement of Sale is attached hereto as Exhibit `A" and incorporated herein by reference. The Agreement between Plaintiff and Defendant included the installation of hardwood flooring in three rooms of the home. 6. Plaintiff Penny Feeser was an intended third party beneficiary of the Agreement. On or about September 26, 2003, Plaintiffs conducted settlement on the home and title was transferred from Defendant Katkocin to Plaintiffs as husband and wife. 8. Defendants were aware that the Property was being purchased with marital finds and was to be used as the marital residence of Plaintiffs. 9. Subsequent to settling on the property, Plaintiffs discovered that hardwood flooring installed in the kitchen was defective. 10. The defects were due to improper and substandard installation of the hardwood flooring in the kitchen. 11. The defects were discovered over time as colored wood putty was extruded and loosened from gaps between the boards as the flooring was walked on. 12. When the colored wood putty came out of the hardwood floor, large and noticeable gaps were detected between the strips and at the joints of the hardwood flooring in the kitchen area of Plaintiffs' home. 13. It is believed, and therefore averred, that Defendants knew of the defects in the hardwood flooring of the kitchen prior to settlement. 14. Defendants never disclosed their knowledge of the defects in the hardwood flooring of the kitchen to either Plaintiff prior to settlement. 15. It is believed, and therefore averred, that the Defendants, individually and/or through agents or contractors under their control, attempted to conceal the gaps in the defective and improperly installed hardwood flooring by filling the gaps with wood putty. 16. The wood putty used by Defendant Katki and/or Defendant Katkocin was the same color as the hardwood flooring, which prevented Plaintiffs from detecting the defects in the flooring prior to settlement. IT On or about July 9, 2004, Plaintiffs notified Defendants of the defects by notifying Defendant Joseph Katkocin and requesting that the defective flooring be repaired or replaced. 18. To date, despite numerous demands, Defendants have refused to correct the problem with the damaged hardwood floors in the Plaintiffs home. 19. On or about February 25, 2005, at the direction of Plaintiffs, the flooring was inspected by Restorations Unlimited, Inc. 20. Restorations Unlimited, Inc., determined that the flooring in the kitchen area was damaged due to improper installation techniques being used when the floor was first installed and needed to be replaced. 21. Restorations Unlimited, Inc., provided a bid proposal for correction of the improperly installed flooring amounting to approximately $8,000.00 for removal and replacement of all of the hardwood flooring in the first floor of the property. A true and correct copy of the bid proposal from Restorations Unlimited, Inc., is attached hereto as Exhibit 'B" and incorporated herein by reference. 22. It is believed, and therefore averred, that the hardwood floor product originally installed throughout the first floor of the Property is no longer available from the manufacturer. 23. Because the defective kitchen flooring is contiguous with the other hardwood flooring in the first floor of the property; all of the hardwood flooring must be replaced if the matching type, color and grain of hardwood flooring cannot be obtained from the manufacturer. 24. Simply replacing the hardwood flooring in the kitchen with a product that does not match the type, color and grain of hardwood flooring contiguous to the kitchen flooring would be insufficient to maintain the aesthetics and look of the first floor flooring Plaintiffs were promised to receive by the Defendants. COUNT I-BREACH OF CONTRACT Plaintiffs v. Katko Inc. 25. Plaintiffs incorporate paragraphs 1 through 24 above as if set forth in full. 26. Plaintiffs tendered Two-Hundred Fifty Nine Thousand Nine-Hundred ($259,900.00) Dollars in exchange for Defendant Katko's promise to deliver the Property as set forth in the Agreement, including properly installed hardwood flooring. 27. Defendant Katko breached that duty to Plaintiffs by failing to deliver the Property with properly installed hardwood flooring in the kitchen area of the home. 28. As a direct and proximate result of this breach, Plaintiffs have suffered the damages as set forth herein above. WHEREFORE, Plaintiffs Scott and Penny Feeser respectfully request that this Honorable Court enter judgment in their favor and against the Defendant Katko Inc., in an amount not in excess of $35,000.00, including interest, attorneys' fees, and any other relief this Court deems necessary and appropriate. COUNT II - BREACH OF EXPRESS WARRANTY Plaintiffs v. Katko Inc. 29. Plaintiffs incorporate paragraphs I through 28 above as if set forth in full. 30. The Agreement of Sale entered into by Defendant Katko on July 23, 2003, provided a "One Year Builder Warranty". See paragraph 29 of Exhibit "A. " 31. The language provided in the Agreement of Sale fails to elaborate any restrictions on the express warranty. 32. Any ambiguity in the warranty was the result of drafting by Defendant Katko or its agents and the warranty language should be construed as broadly as possible in favor of Plaintiffs. 33. Defendant Katko had a duty to remedy any defects in the home purchased by Plaintiffs for a period of one year from the date of settlement, including the defective flooring conditions described above. 34. Plaintiffs provided notice of the defective flooring to Defendant Katko within the one year period provided in the warranty. 35. Despite Plaintiffs' demands to Defendant Katko, Defendant Katko has refused to remedy the defective flooring conditions. 36. Defendant Katko breached the express warranty by failing to remedy the defective flooring. 37. As a direct and proximate result of the Defendant's breach, Plaintiffs have suffered damages of approximately $8,000.00, plus costs. WHEREFORE, Plaintiffs Scott and Perry Feeser respectfully request that this Honorable Corot enter judgment in their favor and against the Defendant Katko Inc., in an amount not in excess of $35,000.00, including interest, attorneys' fees, and any other relief this Court deems necessary and appropriate. COUNT III - FRAUD Plaintiffs v. Katko Inc. and Katkocin 38. Plaintiffs incorporate paragraphs I through 37 as if set forth in full. 39. Defendants Katko and Katkocin represented to Plaintiffs that there were no defects in the hardwood flooring in the home and it was installed in a good and workmanlike manner. 40. Such representations were material to the transaction of purchasing a new home. 41. The representation was made falsely with knowledge of its falsity or recklessness as to whether it was true or false. 42. The Defendants intended to mislead Plaintiffs into relying on their representations, in that the Defendants knew that the defects were hidden by their efforts to conceal the defects with the wood putty. 43. Plaintiffs justifiably relied on the Defendants' representations in that Defendants were in a better position to have known of the condition of the Property. 44. The resulting damages, as more frilly stated herein above, were directly and proximately caused by the Plaintiffs' reliance upon the representations of these Defendants. 45. The Plaintiffs' injuries and damages were the result of the gross, wanton recklessness of these Defendants. WHEREFORE, Plaintiffs Scott and Penny Feeser respectfiilly request that this Honorable Court enter judgment in their favor and against Defendant Katko Inc., and Defendant Katkocin in an amount not in excess of $35,000.00, including interest, costs, attorneys' fees, and any other relief this Court deems necessary and appropriate. COUNT IV- UNFAIR TRADE PRACTICES Plaintiffs v. Katko Inc., and Katkocin 46. Plaintiffs incorporate paragraphs 1 through 45 above as if set forth in full. 47. The Pennsylvania Unfair Trade Practices and Consumer Protection Law, ("UTPCPL"), defines "unfair or deceptive acts or practices," in part as follows: "(4) "Unfair methods of competition" and "unfair or deceptive acts or practices" mean any one or more of the following:... (v) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation or connection that he does not have;... (vii) Representing that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another;... (xiv) Failing to comply with the terms of any written guarantee or warranty given to the buyer at, prior to or after a contract for the purchase of goods or services is made;... (xxi) Engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding." 73 P.S. § 201-2(4)(xiv). 48. The conduct of the Defendants set forth herein above constitutes unfair and deceptive acts or practices and is a violation of the Pennsylvania Unfair Trade Practices Law, 73 P.S. §§ 201-1 et seq. 49. The UTPCPL allows for a private cause of action for any violation of the Act. 73 P.S. § 201-9.2. 50. The UTPCPL allows recovery of treble damages and attorneys fees. Id. 51. As a direct and proximate result of Defendants' unfair or deceptive acts or practices, Plaintiffs were harmed as described herein. WHEREFORE, Plaintiffs Scott and Penny Feeser respectfully request that this Honorable Court enter judgment in their favor and against Defendant Katko Inc., and Defendant Katkocik in an amount not in excess of $35,000.00, including interest, costs, attorneys' fees, treble damages, and any other relief this Court deems necessary and appropriate. COUNT V - NELGLIGENT MISREPRESENTATION Plaintiffs v. Katko Inc. and Katkocin 52. Plaintiffs incorporate paragraphs 1 through 51 above as if set forth in full. 53. To the extent that Defendants argue that the Agreement does not apply to the quality of installation of the hardwood flooring, as described above, Defendants had a duty of care to the Plaintiffs, as the seller and builder of the Plaintiffs' home, to properly construct the home and install the hardwood flooring in a skillful, careful and workman-like manner. 54. Defendants negligently misrepresented that the hardwood flooring was installed in a skillful, careful and workman-like manner, which was a material fact. 55. As the builder and seller of the Property, Defendants should have known that the flooring was improperly installed. 56. Defendants misrepresented the quality of the hardwood flooring with an intent to induce Plaintiffs to purchase the Property. 57. Plaintiffs justifiably relied on the assertions of Defendants, as Defendants were in a better position to know of the quality of the work. 58. As a direct and proximate cause of the Defendants' misrepresentation, Plaintiffs have suffered damages of approximately $8,000.00, plus costs. WHEREFORE, Plaintiffs Scott and Penny Feeser respectfully requests that this Honorable Court enter judgment in their favor and against Defendant Katko Inc. and Defendant Katkocin, in an amount not in excess of $35,000.00, including interest, costs, attorneys' fees, and any other relief this Court deems necessary and appropriate. Respectfully submitted, CALDWELL & KEARNS Ray J. Michalowski, Esquire Attorney I.D. No. 87135 3631 North Front Street Harrisburg, PA 17110 Dated: 2 (717) 232-7661 3 l Voodburn, Esquire ey I.D. No. 81786 05-234/98078 STANDARD AGREEN,1ENT-'FOR4, - RE SALE. OF. REAL ESTATE AlS--2K na. 1- 11 -"0", ine=aria." - n,'-,-c-dwter". mi m-n`Mk nrm- s-nngr.,„., u,o=s,a 'i REACTOasa caea, - SP EWp1S JwwJ??IS,TNESS.R-ELATIONSHTP %N' TH PA LICENSED BROKER') RROI<EAt Company)?(f??T ??11iJ, tS '3 PHONE c"?3? SCp? ADDRESS FAF BR06FR IS THE AGIWI FOR SkJ.1.ER. Drsigyated Arco,(,) for SO]", if applicable: OR It rokrr is NOT the Agent for Slit', and is gran: AGEKT FOR HUti ER ? TRANSACTION LICENSEE BROKER ICpmpa?n)?) KE PM P X' KE CT )' (?'/?OFPS5I N? ONE -?: ?UfJ ADDRESS ?r r r? l-1ng?C-'S ?n RR12)5811(G- I)?E'Ax. BNOHER IS THE AGENT' FVR HUT ER. De signaled. Ageo(a) for Buyer, if pppli ruble _ OR ": - t. Broker is NOT the Agent for Buyer and 4s Plan: ? AGENT FOR SELLER 0 SUBAGENT. FOR SELLER b TRANSACTION TICFNSEP ss'ben the xamr Broker is Agent for Seller and Agent for Buyer, Broker is a Dual Agent. All of Broker's ticrnsees are spar Dual Agents UNLESS rhme art separate Designated Agrn6 for Hvyer n um Sell r If the same Lirensre is designated for Scller and Buyegdae Licensee is a Dual Agent ry 1. (`?l )i5.tA(aree))?ent dated is between t SELLER(S): 1 1 called ^sener. and e sr_ Co TT A?, PPS?P) F rnR'•?R?.?? 5 BUYER( 6 called "Buyer." T 2. FROPERTI' L 96) Seller, hereby Pg,,, to sell Pad rom-ey to-Boyer, who hereby agrees to purchase: e LL THAT CE TA IN lot or piece of Md.vlth buildings and impro,'ements thereon ere... d, if any, known as: 9 FDO (z ? ID in the '"T7u?n T of hA-F4 \?1 B{TT tt Cooro toridinth.Cnnrn,naweaI I hof Pennz_.I.ania.Z,C,In f rly) 13_ t, ]dens Gres t ion t, g_ Tax ID p; Parcel N; Lot. Block; Deed book, Page, Rrcording Date) , _ ?nr 2hl l! IJ?'1 - ?^ T. TERMS (1 -02) n ? ` -• , t?c t ?f - Cory has. V,L (A) t6 a ' _ _ _ __ , ___ U.S. Doll ars - H ? ? n - I which lib paid toS lie be6rvc (oil s- 16 n t I. C hod ck at s F g th's Agrc me r _ S ol_ i9 1 2. C h t h k? t h dais of ter ex /ion of Ilya A 11,1m, If E ;?9 9 A? ' e Cash, .h rY on need check tr of ntilcmcnt-_ S ? I TOTAL S p (B) Dc p.A lF paid on arc nu nt of pvtcba.. puce to be held by Broker in, Seller codes, mhrnoisc stared here'. 2a • (C) Sellers "Wen apprm'al t be on4l lxfwr-_ ,I 15 26 - I •"r - ( 5- ar bdore f Buy o and Seller agree h m b. en ED) S"' -- 27 (E) Cne's"na Item Seller w 111 the by lee vmple deed of ...... d awram, unless oth,iwiye stated hue: 21 29 (F) P,c on., of nsrsR, laces will h- dl,5dcd equally between Buser and Seller unless nrher,ise scared here: la (G) A. time of senlemem, the frkn,ing will be whc,u,d pro-rata on a din), basis betwun Onset and Seller. relmboning where applicable. rase, 32 Ise. Infnraunien Regarding Tax P,oation)i rents; imemsr on mongage assumptions', condominium fees and homcow-ner association fees.,( n any. water and/or sew" fees, if any, together with any other burble nsonlupal scr.ic, The charpes are to be toaired for the period(s) 11 In,eted. Seller mill pay up to and iududmg the dare of y,uh mcm. Buyer will pay for all days following culement, unless othenotse slated 35 Lee, 36 n d. FIXTURES & PERSONALPROPERTV (1-0O) 1a (A) INCLUDLD in this sate and Truchas. price am all .x6dng hems permanently installed in be Nop.Gy, her of bens. including plumbing, u) h,wmg, lighting fixtures (including ch,rddlcrr and ceiling fans)--, wraes reatmenl systems: pool and spa equipment: garage door openers ado and vansminers; tele,ivon amennar, shcubbeq, plantings and unpotted trees: am remaining heading and cooking fuels scored on the at . Pr openy at lh lime of "I ll menu w all to II earpeo rig. wi dow cove..ug h td,, are, ,Mall, and b ends b -R in a,, condlr er buitbin a2 a plies c s and the rang /o oNess o h se allied Alse induced -. 1 )rr r /P.( S'? Se )rr ) ?Lf,n _/ !T U'311,r C.ra (',l,?UP Ea it-. 1( 1C?' %.(\ ,)PJ ., r: ??. r,{<'cC ++ 11)) LEASEDd.me (nm owned by Scller): __ .qtr, y c /<6 (C) EXCLUDED fx,,e, and;tutus: n _ as S. DATESMNIE IS OF THE ESSENCE (1-02) of (A) The said dare for settlement and all other dams and rimes r,f,n,d to for the pedra n orle of any of the obligations of this Agreement are 50 agreed to be of the essence of this Agreement and arc binding. sr (B) For the purposes of this Agreement, number of days will be carried. from the date of execwior, by ex,ladmg the day this Agreement was 52 exerurM and including the Ian day of the lime period. v (C) The dale of scu)cmem is real extended by any other provision of this Agreement and may only be extended by moral written agreement of 54 the panics. 55 EXHIBIT (D) Certain time p nods are pro punted ut this Agreement as a convenience to the Buyer and Scher. Any preprinted time periMs are negotiable 56 and may be changed by striking out the preRoomed text and inserting a different time periM acceptable to all parties. v Buyer Initials: ?!- A/S-2K Page I of 8 Seller lniua6:_ W ? 59 sit VeppBF'IVen{e /180CiHtbp of COPY-RIGHT PENNSYLVANIA p$$OCIATIOP A ILCBSO2 ® REALTORS = W 6. MORTGAGECONIIN'GENCY(1-02) ? -. W 6i ? V?q7? 111 11fn sal, Is NOT nu um."" on mongage finandng 61. S2 11E( 171) -61 6 mane (A) lY 1, if nn1 , If f "I'll lncymn lg.g gas loll vv Ace 69 z_ 1 a rl o M .f J c 6i fie a n - s! - r h r Ig res tgal-ceptine J t rate a con be cu mined by the mngage fnndcqism to n f ¢ ,. nil n A 1, ?/ ar 6s as s D.,,cor l p?uv, loon ongmauuu,. loan placement and other fees charged th an, lend,, u a p,rc,nmge of the rn urpigt loan R dt ing 69 71, mg,g, noes nm.e pm vuml or VA fund log fec) not no exeted `) %(0g if net specified) of 'he mongage loan. m n The imam..xtn mid Ices pmvl_ ens ®gmaA by Buyer we sansfied S a mortgage Iemdcr makes available to Buye, the nen In guararum an n 71 . Ian,. v or Ilk- No Maximum Imcrest Ram s,,&,ad herein wim the prm,bug, fees at or We. Ne amoen, specified herein. Buy,,_ ;7 n Fo" Sulu the nghl, al Seller -s sole option and as pcrunmed by me mongage IuMer and applicable law-s: t. contribute fnancialh, wibo., n n lCuol orcm f. Io Nc Buy,, and/or the mongage lender to make N, above ii av fable ,. Buyer. - - promise of Ia ;. ` ? (B) N'n6m / DA) S 110 davs. d nor speirfled) of!he,.... ton of this Agreement, Byer will make a comploed, w'ril¢n moMg,g, apPk QIlou Q 71 76 _ _ for Nc mongage terms sped Bed move .a onifnnsible mortgage lender. The Broker for Buyeq S any, otherssis, the Broker for Seller, is 76 iI authorized m ammmnitare with the con g e Irm for the purposes of ass¢limg in ode mortgage loan prates. i] N . er-L", lenumnnvnr date a ,)3 If asmne o "rum h myna is nor recei ved by S, 11 et by the aMvedam,Buyer (C) I M re of and Suter agree to mend the mortgage cumrllitmrn( date unfit Sallee mcrr tart this Agamen, ont in writi ng by notice to Brayer. 79 so .. UPon ,reel pt of a mortgage commitment, Buyer will promptly de Ever a cnpy of the commitment to Se l lee cep [t 3. S,Iler has the option In ,munm, rods Agree em in writing, afar dta mongage mmmiimem dam if N, mongage commitment. 61 e? Is nn, valid until the dare of senlemen,. OR =s7 s; h. is conditioned upon the and, and seNemem cf any other pmperty, OR az so c_. Conom, an other ,,nc i6.u not span G<d Ia Otis Agreement that is nor satisfied and/or ,moved in con ing by the mortgage lender ea es wilhnl 7 DAYS after the mortgage commitment date in paragraph 6 (C) (1). as e6 a Bthis Aga,ra,m.stemlmmcd as spedfietl in pamgrophs 6(C).(Om(3), or the courgage loan is not obtained for seltlement all depositmornes e6 a; paid on zu.unl 01 purchas, pnc, will be mmmed to Boyer. Byer well be msp.ns,i to,. any premium, for fiearm.s'.him insurance and/or aI U .O, si of lee for canadl a. on of same. it am: ANDIOR any pre rums for flood insurance, in, subsidence insurance andim fair Tissue ea as ante wish extnd,d coverage or cancellanoo lee. II any: ANDIOR an appaiW fees and charges pon! I. advance in the mongage lead,,. e9 stl (D) If me mortgage lend,, ,equues mp ice, to are Progeny. Buyer will, upon mceipl dthvo a copy of the on ngooe Iende,'s aquimments mSeller air 9 1 Seller w ill_ within 5 DAPS of receipt if the mongage lender's regdlr ocerno, notify Buyer. whether S,11cr-will make the miefil cl <Pa. 91 92 al Sell,, a [a p,n,c - - 92 9p I 1f Stile, chmsrs to coal e rhr requ veal ,,pars Buyer will accept Ne P,nprny and agree rP1he RFIE ASE set foM in pa,ageaph 25vf Nir v -4 Ap" 11 9s If Sells, 'hoo. of 1,, coal, due required repairs. or if Seller fails to mrwmd wtNUr the tone gi:vm$ya,uvdl, wfthor 5,_!DAY S,' 95 . notify Selen m -1, rag of Ouva ,choice 1. Iemiwm this Armeovm OR make the required repairs at Bayer's expense Oldwith Selle,'s 96 s: prrmnvc n. wh.' I, ,ill not be a .reasonably, it ld. If Seller denies Buyer permission t. make me regolred repairs; Buyer. may. withim g se _ 5 DA) S of Scher -s do coal. ¢mupm, this Agrconr.4 i. which cat all deposit monies paid on a,cram, of purchase pace will IN 96 .. r,,rnwemorn d, I. B,i and 0i Aptemenl w.h to VOID. 9a IN IE) "A.... I tW rot A NOTAPPLICABLE Ina 1al 0 APPLICABLE. feller will pat. +m Ina LJ b _------ ,. maslmum, toward B.vu's costs art pemarred by the mongage lender red :al n ____ tom Its FHAAyr, IF APPLICABLE its Its (F) It is ,xpI.,I, a,r,,d than notwldolanding any di pinata ..us of m,, mnuam Buyer will nor Ix obl.gimol m c mBco,,Ihe paahn, of dn, 'its +02 Property desc Mcd heron or w Incur, any penalty by forfeiture of tamed money depos ¢ or otherwise unless Boyer has been given, in atoor. Ina ,as cans, .Or 141.4)/F11A or VA Irgv giants a wrioal sutcmcn, by Nc F,daal Housing Commissioner. Vctumns Adme tmtiun, o, aDirect Its ,as E.dorsemcm Limit,, selung IoM Ne xppoumd value of the Progeny of no, Icsm tlian E _ (ode dollar amoum to Be ten rap 1 scud is Nc .cJ .pace as oared in Nis Agd,iff.1) Buvu will hial 'e the pdv-ilcge and option of jomcsvdml w IN consummation of the con Ina III tan w.mom ,,.it in the a1 warm of the applaimed valuation. The appaised valuation is amvcd at to d,t,fmine Ne maximum mongage me rat Ili Deparune.I of Housing and Urban D.vdoi will Iif,me HUD does not w :rte die value nor the mndnlon cf Ne Property. Buy,, should n7 m sQwi himselUhe,self drift the prate and condition of the Property are acccm-, lI' I m nil Warning Seainn 1010 of Title 18, U.S.C.. Depnumacut of Housing and Urban Developmem and federal Housing Adminislrn,,. ua ors Transiat ons, provides. " Whoever for the purpose of Intl uenrmg in any way he action of such Dep:utmen4 makes, parses, times o, pub- us ,'a pries any suremen,. knowing the same to he false ... shall be fined undo this title or imprisoned not core than two years, or both" 116 III (G) U.S. D,panment of Housing and Urban Deselol nle.l THUD) NOTICE: TO PURCHASERS: Buyer's AcknowledgeQQi Ill vs ? Bum, has +e¢ivetl the HUD Notice Your notecum, Get a Home inspection" (sec Notices and Information on Prefatory Condition to INS l w c ono). Buyer understands the impommi or ,mm, an independem home uos iron and has Nought above Nis before signing Nis 119 I]o Agmemem. IN +a, Buyer's hrilials _ Date In 172 (H) C, mi'maliun We me undusi,Qd, Seller(s) and Buy,,(,) parry in Otis tansation each certify Nat the Hums of Nis contact for purchase are to to more to the best of our knowledge and belie(, and bar any coder agmemem entered into by any of Omsc partio in connection with this tamsao va 17a lion is attached to Nis Agmernmo 174 175 7. INSPECTIONS (1-02) In 1:5 (A) Seller agrees to permit inspecuons by aramonied appraisers, reputable certifiers, Nymour's reprcwma(tves, sorvnors, municipal officialsand/or 126 177 Buyer a may be required by the mortgage lender, if any, or insuring agencies. Seller further agres to pennil any other inspections required by 47 128 or provided for i. the teens of Nis Agreement. Buyer h. !be dghr to amend at) Ynspectiars. Ile 119 (B) Buyer reserves the right w make a pre-NuIrmacnr walk duough inapecuon of Ne Property. Buyer's night ro make this inspection is not waived in ila by any mire, provision of Nis A,mermn,. I" m (Q Seller .01 have hearing and all utilifics (including fuel(s)) on for the inspecuons. in 132 (D) All inspectors, including home inspectors, arc audlorieed by Be,,, to provide a copy of any reports to Broke, for Buyer 117 In R. PROPERTY INSPECTION CONTINGENCY (1-02) - in 34 O er provisions of Nis Agreement may provide for inspections and/or cenifictim... that are not waived or uttered by Buyer's election hay. tail nos WAIVED. Buyer understands Nat Buyer has Ne upon. 1. request inspecuons of Ne Property (see Property Inspection Notices and us tab / Eavtrorlmemal bruises). BUYER WAIVES THIS OPTION and agrees to tht RELEASE set foM in paragraph 25 of this Agreement M 137 ? ELECTED vI Ua (A) Wehin DAPS (15 days if not sp a ified) of Bit, execution of film Agreement, Buyer, at Buyer's expense, may choose to have inspec- In, lag uons and/or cenificarmas completed by licensed or otherwise qualified professionals (see Pori Inspection Notices and Environmental las Ina Notices). This contingency does not apply to Ne following exisuag conditions and/or items: tat fat I41 (B) Should Buyer elect to have a home inspection cf Ne Property, a &finai is the Peansyhomed Home Inspection Law, (see Information Regarding 1¢ ,ao the Home Inspenion Law) tech home inspection shall be peRormed by a full member I. good cmdur, of a national home inspation associ- rap . v4 from or by a person supervised by a full member of a national home inspection association, in accordance with the ethical standards and code 144 +45 of conduct or pracucc of that azs..tio. ?f I u5 I<6 1 , n ( Buyer Wadi Vr A15-2K Paee 2 of 9 _ Seller Initia6: ',l1-Y I`-? tab Fat ter?''--. (C) if Bu e _ gosfi-d "t, 1fm cOrdnI nf,h, O ri in, ainimfed 5,, m, lo-inen're7:bn. Buys, sulif ran, tat laz ? Option ?WSlhin the dine given for lompleling impecdons: Ifs mop, n. 1 Alelp1l'ooP,open)11 ldl he Vnl onnal l sn Sorel In ,hclepon!n and age, to-the. FELL AS E sea forth in pmnetaph 25 of this Agicemenl, OR 114 due _2 7emunem this Ansnlln'con" I, uan,F Sri FI in hrch -'-sit dcpor,,ripacdonon-cunl c f purchase lance will be rered 150 Ise - - aurr,l, I u Bnv,r I" dns Apa,nmu xr W -k0i)s3ri - - 15, w 3. Cmu T, I n rally acceprabl Iv," ogree I"n ,,a, Set. pr - d p f "I mvrepl s 1 mpro, emems m the Property anN,r arm ,Id l 152 Iss - , Born m srulemem .xa ma; be a,,, pOhl,l , rite nr npape lender, If am. IQ our Shoulddiem IF, c,li nmmalha,,rpnablanq«crmnlfad .fm,,rna,fh„scroxcepl OF, Propslrrn ¢mbnal, forAee,1111 u re in 151 a,5 We fine g.'IF' fill rnmpleting inepertinne and nrtrndnp ,the -, Isi,ar In pnrngraph 8(Q IO..lon I) I and 2 ms 06 ? (),lion 1 NAsh" the time given pm lompleling irelwaie": 156 ry1 - 1. A¢epr the Pill' III •.sldl'se mfomwlion ms.ed an the ¢poms) and spree to the RELEASE rat fors Ia Paragraph 25 of this Agreemenr. 152 rsa... LT' LESS the loin coil to roiled the C,ndniDR centalned In the I,,O,gs'r ii me, than I 155 Is9 2- If the laal co, u• coc"I the c,adroons contained m the re,on(s) EXCEEDS the amount speciped in pnrngmph 8(Q (Option 2) I. 159 160 Boyer -ill dCliter the re1)1fF1) to Seller vilNn the lime given hrr ,,,lot.. Ira Is, I. Seller -)I, wvh.n _ DA) 5 ul re. rvrng ran reponls), Infenn Be", Ir „rung of Seller S chmce 1. 161 16: (1) hlakhe rrpein Mfmr Selllemenl s0 dam the mm,se ',,nil IF, p nu t undinons ene,,;n,d an the re pia,,) S Iesi than or equal to I6a 163 the am,nm spel.G,d in pomgr spit S 11lOpoon 2) I 163 Iss ween the ndmmcd cost pl repaidhg the fond .... no contalncd in the report(s) t (;1 Credit Buver a1 sehlemCirl for the Aiffo rent, b e 151 1Is- , . /1 and the=m.ant:"LldI n paragraph 8(C) tOplmn 2) l This option muse L, re,,ptnbi, t a the mortgage lendepl fan,.- .166 Its (3) Nor maEe reps Us and net ved.l Buver al scldemee, IF, a,.y msi, to repau condnion, contalncd in IhC repc+n(s), 166 162 1, If Sella chooses m peak, repair. or r,,dlt Byer at sculement as speof,,d in paragraph 8 (Q Oftener, 2) 2, Buyer wall ac¢pl the 16, i(a en3 and agree Io)be RELEASE of forth Va pvagraph 25 oldds Agreemenr- P,o 165 169 p - f. If Seller chexnra not to make repairs nntl not I, seed, Buyer 'al ssukment or if Fire],' Fail, to choose anp ,,,Iran within the rime -169 Ito. - - iven. Byer w,IU. -nhm D,,) S s nu m ? ' -- (I) Accep'oh, Poperrv wnh the mfbmmninn stared in the ieporl(s) and agree to the RELEASE vet forth in paragraph 25 of his 111 172 Agreement OR 12' 173- - (1) '7er,nnale this Agreement Ia writing by node, in Sell....... brfrocas, all deposit monies paid na account of Enthral pile w'IR in Ira M roomed p,..npFly .. Buyer and this ACcemnu wit. Ba VOID. w1 F75' 9. WOOD INFESTAIION LNSPEWION CONTINGENCI'(t-02) - Its rte ? WAIVED. Buyaundenlands that Buyer has the opnon to refir,al for doeNore.,he rnfpeOed for ,urdinfeslali0n by a,en.bed Petit F-cIII If m Ofx,am,. BE)) FR WAIVES THUS OPTION and F 'Le n,9 ? J fily (A) Wi?hin .7 DA/'a $ (15 days 1 of s,,Ifcd) n the xecunon of I h,, Agreem<m: Buver at Buyer's cx pens<, .,If obtain a q,^n "Wood Ire n9 Ian Destroying inmct tnicul.on i,spen4on R"r,n tom a ccni Bed Per Conuol Opcralor and wall deli, el h and ill sup,ri dearness and 1B0 let dm Inge pmvrded br the peer Contrul O',Inor,,.Sella.The ,epnn is to hemade smidectory to and m compliant, 11th a pun,,ble laws, moll- '1BI 192` - - -gage lenders, anNnr Federal Insuring and G,aram,c,a, Aeou'p require mulls.. f roy The Snspcu,on will ic0nd, ell readily visible and- ter 18, aceesSiWe area, I,(iI I11lINres nn if,, Proper. o+¢p1 the fel)ow mg sm,,,in win,I Is i I I nor be inspeoed. Ira Oa ?.. _ Tae If, (B) If the nspecl.un reseals vid,nCe of son's infevanor(,Y Seller agrtu, It $dler's eapense and before settlement to Treat for active infests- 05 166 lion(s), In oa' an with appl i,,able laws 'Ia6 19a (C) If the -p /. ,e acs, damagI GO af: lnfeslmi (S)0l plosions lf,o.!, W,,Bare al Bu,WlF, I, P(Lns, h a, the opmr, to nbml n a" Fe, Bl 16e tent port bjj prof ssao 1 r t . tom - spc neir 1, n or s org ,, rat , )I -twi t, it m of damage to she Enc caused I66 169 - In,,od-drhuoyaq lg nimsand -proposal rare par F tae da roar, B _ ., Ind Iis,r the o auralI Ce'repon cad deaivcp.pesal io as rv0 Sell,lNin _]DAPS of dth, ono I c onginal fe,cc i,n ,port. - 190 19, (D) Wnfos _ 5 DAYS of receiving the 9eu,ni coinage repbn and anenive propc,r Seller will ad% rase Buyer whether S_lln ..ill dpalr, at 191 192 Seller -s expense and betotc aatlemem, mil strvnoral damage horn aCnse or pre,aous Vnfesmlmil(si- - - i92 199 (E) ICS,;),, cbuoseslo¢parrswtmrald-uitoge ce?,,ed by the report. fI agrees m assent the Re,,sm, res repaired and apses 10 ]he RELEASE 193 191 sa inch in paragraph 25 of this Agreemcm. l9p 195 (F) If Seller chooses nor to repair swaanl don. ege revealed by the c,n m Calls m re,Ncd within the rime often, By/er, within 5_ DAYS. 195 166 ,vial nonfy 5'r" In lvming of Buyn's chmce m. I - - . . 196 Is, I- Accepl the Properp-:,ah the defeus rernledby the as(xsbon. wilhoin abatement of lance, aced agrc to the RELEASE set lonh n pas- 192 if, graph 25 nl Ihis Agreement OR -l^B 199 2 =Make rite repairs heforrxrdcmem_If mgoi¢d by the mongug<fender-l(am.a Buja sexpeme and,ynN Shceds p,rmrssion; which w ,It I99 sea non be umnsmrably wFdI in „hlch case Buyer ..ceps the Profeny and agrees to the RELEASE set forth in p:uagraph 25 of this Into 2n, Agreement If Seller denies Buyer permission -m nhake the repairs. Buy CI map witlnn _ DAPS of Seller's denial, Icrrnwae 'his 231 202 Agrcernem m wming, in whsh c,,, Al depoi.l monies paid on acfp,nl of pmchace'price will be remna:d promptly mBuper and this 10, 203 Agaemanl kill be VOID. OR eat 201 ,sil menses paid OFF nccoant of pur,h., price will be ¢mrned promptly to Buyer and 3 7crm tc U1ii Agreemeul a hI<h case if dR . ' 2oa 205 Ihi Ag eemCnl + Ill be V 61 b 205 2% 10. RESIDENTIAL LEAD BASED PAINT HAZARD REDUCFION ACT NOTICE REC)NRED FOR PROPERTIES xce 202 UI BEFORE 1938 (1-02) 207 ae JX, OTAPPLICABLE 208 209 ? APPLICABLE 209 21k (A) Seller repreSen LS Thal Seller has no knowledge conferring ate presence of eadthari farm. and/or ]cad-based pain, h ads in or pboul die I. Inn Propcny. unless eheekW lxlow. 211 212 ? Seler has knowledge of the presence of lead based paint and/or lead -based palnl•hazards in or about the Propcny.(Provide the basis for , z12 m deforecining that leadbased paint and/or hazards exist. the hNslion(s), the corn irion Of the painted su,facq and other avadablc informs- 212 215 lion c,nanung Seller's knowledge of the presence of ]cad -based parr and/or Icad based painl hazards.) 2a, 21s 215 216 (B) ReeecduRe,,I Seller has no reports or ruo,dr prna keg fo cad based paint ands, lead baud point hazards I. or about the Property, 116 21, unless checked blow. - - 212 rte ... r. 1, pang and/or lead base, pa I hazartls mm.about ? Seller haz pro d d B yet wish alt a1 bie record nd reporii pen n g w lead n Zia 719 1- in, Pl,pcltl'. (LIST documents) 219 223. .. ..' .. ..,... ....._::, r ..;.,...: IF , v ..::.: ::._... .. i:.::' ...:: •la2a 221 IQ Buyer's Ackn,Niedgereene. Boater t act 4ecci,ed the praoi Pon,,, A cr Farndyfrom-Ltad an Your 'Home and has read dab, . mkWarrungl a 221 - 2n Slalem,nl contained in this Agrnbmenl (see Envtroivnentil Null. Buyer has revie,ced Seller's disclosure of known lead based pain-rind/for 222 -2M -had based pamt haurds, az,dentiGed m parag apA 10(A) nd has Fecc veil tae records nil (,pons'pcnmmng of lead-based paint and/or Icad `spa Zia -tiasedpaln, ha2ardi ,dent ficd rn Poraph TD(B). 111 221 Buyerrs Initials -Date - - xis n1i (D) RISK IISSESSh'IENTRNSPECTSON:. Buyer azkn,whdgasba,Ocfcrs Buyerisobiigarodm buy aresidennal dwelling bull, before 1978, Bayer Islas 227 DAYS ro conduct a nsk assessment or inepecton of the Property for the presence of lead-based paint and/or leadbased paint hazards. 221 72e WAFVED. Buyer uodersunds that Buyer haz the I no conduct a risk assessment or insgcerlon of the Ropaty 10 determine the presence of nB 229 Isad-based prim and/or lead -based paint hazards. BUYER WAIVES THIS FIGHT and agrees to the RELEASE see font in paragraph 25 of 219 230 this Ag,ament. IJ3 211 0 ELECTED n, 13x I: -Buyer at Buyer's expense, chooses r, obtain a risk assessment and/or inspection of the Property for leabbascd paint and/or )cad -based 232 '233 paint hazards The ask xesesemer i and/or inspection will be <omplaed within 10 DAYS of the eiecmion fit I naraar 1. y 1 ? iii z31 Buyer Initial,. A/S-2K Page 3 of 8 Seller Initials: _ A (_ ••• I. F'ithin the time It forth abo.e for ohp,mm (? the +i,k: assessment anNor inspection of the Propel, for Icadhasr mine and/or ns lead -based point hazards, Buye Mill, to Sr i(er a -mn,rr IF, of the sl».dfc haamdous rand t r ns c cJ in Ire veal, Ind bell 216 Ij, cori?a e-0.. ucquoneuEY Bu)er, along w,,h a eves-of boast arses rtr1 undtar ilapecuon mpo.. _ . M ?In r 3.. Soler nnp-worhin-_7 DAPS of "Fell 1119 dtc h.,t oIJ "gams). IILIIII a wr nen uoccl e fmpnzal l I s_r. Tls l o"1111 proposal 2'k will nliude. but not he minted m the Dame of-he .inuln c.un r and , pr sec all of c, lcu m d m for a - roc miasma Srllel 299 will provide cendC can on bort , rack al swr 1 ..s c v-Na con t a,u ru-h x n . . I i cbuonl c r TIe mJ mar .lure N< %0 ,. proje,nl mnyrlelion IL" 21t 4. Upon rccaving the conca ve proposal. Buyer. Ion, 1_ DAl ti. will 242 a. Ac.epi the ,me,n, I propssal and the Prolrnv Ia writing. and 11:11 IF, the RELEASE set IoM in paragraph 25 0l rite. Agreement OR as b. Temtinate this Apeement In wasting, nu which case. JI drprrsrt mama pad on accouru oI purchase pear, rv 111 I+nenlmed promptly. 2e-4 to Buyer and F., Agreement will be VOID. 245 5. Should Seller fad to submit a wculc r cu+m(.e propmal rnthin the time set fonh in paragmph ISID13 of lhrs Ape( mrno Buye, 245 ... ,i Nan 5. DAYS, will:. 241 I. Accept do Property in wrihng, and agree to if, RELEASE see forth In paragraph 25 of his Apreement. OR eve b_ Temunare this Agr.nnet, in nrhurg in ,.filch case all. deposit "D"ill paid no accoum of pcIL111 pace 1111 IF rewmed pmmpliy 219 to Bayer and Nis Agreement will be VOID - 250 6.. Buyer's failure m_exercise any of Buyer's uptions within the time limits specified in this paragraph will constitute a VAIVER of -,51 , If curdngeney:and: Buyer accepts Ne Puri and agrees to. the kELF,ASE It forth in paragraph 25 of this Agreement. sae (E) CerR6er io¢. By sign, this Agreemen4 Buyer and Seller arcfy Ne arc uracy if Iheu rest<cdve s,ac,r u. to the scat of their knowledge 251 H- STATUS OF RABON(1-02) 254 (A) Seller represents that Seller L. no knowledge conamlng the era. ace , ahsena u( radon unless checked below. 2,e- 0 1_ Seller has knowledge Nm the Propene was tested on the dates. by the methods Ieg, chasconl canister, d hn ua k. ac )_ and with 256 - the results of all meu. Indicated bebw-. n] DATE TYPE OF. TEST RFSI'LTS (picncunes/Ihu or w.arking I...ls) 256 -- 2611 COPIES OF ALL AVAB.ABLE TEST REPORTS t1l Ie delivered to Buyer w1N his Agreement SELLER DOES NOT WAR 261 .. RANT EITHER THE METHODS OR RESULTS OF THE TESTS. 262 ? 2. Sella has kno19Wge that the Ptopeny mdcrwem radon reduction measums on the date(,) and by the method(s) Indicated Wo, 161 DATE RADON REDACTION METHOD ]tit ]65 '0 (6y ''' ,,,err,,,''' ,?_,,?_, \ INSPECTION CONTINGENCY ]6] WAIVE A? WAIVED B.,, undersnands-Nm Buyv has the option mreques dial he Property he lnspc-ed (nr radon by cent6ed _nspeoo f efl"uom tea menuf Notices; Radon). BUYER WAIVES THIS OPTION and agrees to the RELEASE se- fc0b In pmagraph 25 of this AO m_ 169 - ? ELECTED, Buye, at Bayer's expense- has the option Io oboI from a can Sled ir¢pu'mt a radon resoof the Pr ,pens, and will dllivcr a c11, 7r1 of the mst Ryon In Seller within DAYS (15 days it not 1,1,5ed) of the esn, mfon of its A,csrnnin. (.See E,orc,mm.ntnl Nollas :nr Ru F: cd r] 1. . Ifthe Ies1 report reveals the presence of radon blow 0.02 working levels (4 pine un.s/Iner). &ryer ace<prs Ne Plopem and acmes to Ne 276 RELEASE ,I fonh in paragraph 25 of this Agreemeal ]a 2- If Nc resist repo....cats the presence of radon IF or, on...drug 0.02 wodtlng levels (a p rwta icsAita}, Bayer will, within I DAPS 715 of reeefpr of the test coIlrs: ' ]>e ? Optima I ]r, Accept the Propany in wr ung and agnieIo the RELEASE 5c1 funh in pct acIaph 25 of this Aarcemcnt OR l,6 b. Terminate Nis Agreerrlemin wdting_Inw-hi.h case all deposal monies paid vas aa'nontMpmohase price will tx returned pmmprly ro Buyer 219 and Nis Agreement will be VOID, OR :e-0 eSubmt a wring wrtutivc proposal "Seller-The co"air-e proposal will indod<. but not b limiad ro. Ne name nl ccnlLd mtl ]ar gaUna company; pu,, mass for payment InebWing ¢msu;and a projured cnmplebon dam for conecti.e memtrro 262 (1) WIthln 5_ DAYS of raeiving the co".rive proposal, Sell,, will: - eat t (a) Agree to de terms of h. cu"wire propceal in ..-Miloin which case Ruse f ac g i crp is the Pmperry and o¢ras to the - it RELEASE sel forth in P;,gre-ph 25 of this Aeu.unent OR 265 F (b) Nm agree to he mums of he coneaive proposal. 261 . (2) Should Seller not agree m the rertna cf he.Foam', proposal e, if Sella fails to respond within the lime even, Buyer will, wnhln 207 5 - 5 DAYS. elect to: 263 1 (a) Accept are Pmpeny in si and agree to the RELEASE set fonh in paragraph 25 of this Agreement OR 219 1 (b) Terminal IN, Agreement Ia writing, i which laze all deposit monies ..it on ncruom of purchase co, p..III be r,lumed 290 t - - prompdy 1o Buyer and this Agrecur will be VOLD. 291 292 t A,xept the Property in wni ng and agree to the RELEASE se- forth in paragraph 25 of this Agreamem. OR 291 t b. Submit a wumm, co"dive proposal to Sellee. "Rte coneaive proposal will Induce, but not be limited to. Ne name of the eenlBed mitt- 704 gation company; provisions for payri including rcros¢, and a projected compicunn date for cons ive rncasures. Seller will pay a max 295 5 1 imum of IF toward the total mar of :em.dhbon and mmsts. which will be completed by w0cment 296 1 (I) If the meal cost of u m1m;m,o and rcrexts EXCEEDS Ne amount spuified in paragmph I I(B) (Opfron 2) b. Seller will, within 297 6 _5 DAYS of receipt of the cost of remediauon, nmlfy Buyer in writing of Seller 's choice to 2111 9 - (a) Pay for the rota) cost d "methadon and « teats. In, no IF case Buyer accepts Ne Pro, ray and agrees to the RELEASE ser fuM :9e- 0 in paragraph 25 of this Agreement OR 110 1 (b) Contribute toward rb, lout nest of remccianon and "tests only the anwom epeci0ed in paragraph I I (B) (Option 2) b. wt 2 (2) If Seller chooses not to pay for Ne coral cost of remWiation and retests, or if Seller fails to choose either option within the time ao2 a wen. Buyer will, wiUrm5 DAYS, nel,fy Seller in writing of Buyer's choice to: 000 4 (a) Pay the di Rererrcc between Seller's contribution to ssmenjorion and reresu and the actual cost thereof, in which all w1 5 Buyu accepts the Popery and agrees m the RELEASE set fonh in paragraph 25 of Nis Agreer OR 005 6 Rd Terminate this Agreement in which case all deposit monies paid on account of pumhase price will be rer,cm J pourrOly 006 2 to Buyer and this Agreement will be VOID. e-] e ]i SPANSOF WATEH (1-02) 9 (A) 5 Seller repot I, tsar the Property is served b - - by ` sea -F nag 0 J .` (f Public Water 110 t J ? • Om it, Watar 1tl 2 ? Community Water a [1 None 312 ? 111 5 ( WATER SERVICE INSPECTION CONTINGENCY 1. 6 WAIVED. Buye acknowledges Nat Buyer has am option to request an Impeaien of the water service for the Property. BUYER WANES ass 316 I THIS OPTION and agrees to Ne RELEASE se- bunch in paragraph 25 of this Agreement 1I 6 ? ELECT" 2 9 1. Buyer haz he opuogwithinDAYS (IS days ifma spuifed)of the cxuulion of Nis Agr¢mcntaM at Bayer's expenx.mddvu rte stn n I to Seller a wdnen inspection epon by a qualified. Professional water luting company of the quality and/or yondry of be water service. am r? 2 IIurv Wpatr ?.}- A/5-2K Brute 0 of 8 - Seller Irririnls:. v> -: J21 2, sell,, agoere to lime and ono id, acres, to thrnon s [ dorimL'do (t '.at I "re f L uT,: k al 5d1n's upe se 1 req r.....I + the _z i24 inspection company Seller also q.... to rsmre t, Property, al S lle scpix to teat........ 125 3. If the report ,> al dsj,[hc u il,r s,r,,eo does not meet The mirumumn =dada of n apphcahle go :cmmen;y n. drone. r i o fvls t-,, i15 326 satisfy The ego rTn,' , qu hp' author quantity set by the rrorgage lend,,, if am+- then Seller 'll olou_ l_ DA) Sol aster of rs bar - ' Nefepon: not,fvBuya rn Tenting of SdtiEs ho,,, lea_ 9F ate ... Upgude th s e ro the minim nn u pt blc le.zl lief c 'N, Ism, in which case Bover ua.... tht fYopcm and ogres ^a 329'- : - to the RELEASE so forrh in paragraph 25 a.his Agaem,nt, OR Jas vo= 'b N" upgrade Tbe +vtn service. i1a IfSeller shoos, nor to upgrade the wrote. ro minimum acceptable levels, or fail, In 111,mcd ++ithi. U., aim, given. Bider >, H w ;thin rr JJ] - :.5 DAYS, either 512 333 a. Accept the Propem and the eater «rviee and, if required by the mortgage It,..der, if any, aneller or, gm emrnenml suthorlr. upgrade s3 33,1 . -, shewa,,, "'kebefore seulement m"thin the dmc "Yawed by the moogagc kndei if any. an llm a,+ go% au(norin. at ,..< 335 -'Bryeis,pen,e and with Seller's ppmrissmn++hi,h will of 1, areasonah,withheld. and agree to a he RELEASE sea fonh in paa- l.s D6• graph 25 of This Agreement If Seller denies Ems, permission to upgrade the water. set. ice.' B.,,, may. within 5 DAPS of '1e D] Sellers denial. conmate thi Agreeme,1 it, wromgSSa hn1h case all deposlc morass paid on a ,.mr of purchax prier 11 he in DJa - - returned promptly to Buyer and This Agreement will be.VpfD. OR eta 119 h Tanunate+his Agsasnentin,rmng, in which case all depnvit monies paid no accoum of purchas, price will be returned p,ump, y 139 31D to Buyer and This Agreement well be VOID )w 3m 13i: STATUS OF SEWER (/-02) 31, 342 (A) Ver repumto. that the Prupeny'i, sencd by L' ' '- • 112 tried, Public Se." - - - - Jss U4 ? Individual On lot Sew age Dspri System (Sec Sewage Notice 1) - ,1 .5 ? Individual On lot Sewage Disposal Sysem in Proximity ro \Vell (S¢ S-wagc Noose I. see 5ewage Noue a, if appbczblQ 1es 3T .`0 CAnmetry•Sc age Disposal System r .. .,.. - -yZ Jet - .. ? - Teri-acre PeriirEo empuon (See Sewage Notice 2) - - - )nr Jm ? Holding Tiur, (Sce Sewage Norse 3) - vsT .9 ? None{ See Sewage Notice 1) F9 Jso :?.- None AvailabklPemdt Limitations in EffectySee Sewage Nonce 5), -- - J,o 3L ? 1st 352 ?3y INDNIDUALON.COT SEWAGE DISPOSAL INSPECTION CONTINGENCY ' --952 553 WAIVED. Buyer acknowledges That Buyer Ti. it,, upuonro-requur anm6 ,dual oa-lot ,,age dipo•al rnspe<oom of the ?"Perry . BUYER sTA Jss WANES ITES OPFION and agrees to the RELEASE sal forth in paragraph 25ofteis Agmc near, ",i rid .?' FLECTED - Jss 35e 1. Buyer has the option, wirhin _ DAYS (15 days if not specified) of the execution of This Agreement and at Bur era in Jw 357 deliver m Seller s written inspectionrepon by a qualified, professional in sputa, of the individual on lot sewage disposal system- set Jss s. Seler at Seller's expense, agmes, if and as.... vied by the a, peoion company. io brae, provide access to and empty the individual on lit, 359 lot sewage disposal system Seller also agrees rc resma the Property, it Seller's expense, prior w scuRm,m. 3,9 Jw 3- If the report reveals defects that do not require expansion or feplacement of the existing se+•age disposal sysrem_ Seller will. I due aw an -L DAYS of reuira of the report, notify Buyer in writing of Seller's rhoiec m: Jar 362 a- Correct the defeas before ,sidemen., including retests, at Seller's expense. iT which cue Bocce accepts the Propcov and spies to z,I 363 the RELEASE tit fath In paragraph 25 of Yo, Agreement, OR f 143 ]rd b. Ned corer, the d1fin t, . / JSr 365 3 a If Sella<ch..... ..oath rem", the defects, or if Se leT trials do respond within th, time given, Bu-.er sM, wirbir, DAYS, ci+hcr: sus 3es Ip a. Accept Ne Pmperv and the sysem and. If required by the mortgage lender, if any, mrdlur any governmental authority, correct the Jss ter E defects before ?,ulearns or wirhin the Time rcquimd by the mortgage lender If any, and/or an% ,,,,mmcn.1 amhoriry. art Dr.,,, , 167 lea sol, expense and with Seller's permission, which will not be unreasonably withheld, and agree in the RELEASE set forth in aaa 31" 369 graph 25 of dds Agreement If Sell,, denies Buyer pcrrissop m coven the defects, Bryn may. within S DAYS of Sell,, 1 Its 370 denial termmal, this Agreemena in wining., in which case all deposit monies paid we accmrm of pmehme p,," wilt be hemmed PD Jet promptly m Buyer and this Agreement will be V'01D, OR rh 372 L Terminate this Arisen,,., in wining, in which case all deposit mram,4 paid on arrest.... of purchase price v-ill to resumed M an promptly es Be,,, and this Agreement will fie V OLD, , s are 5. If the report reveals the need to expand or replace the existing individual is, I., ..wage disposal sync.- Seller, may, wirhin 25 DAPS 271 3rs of receipt of the report, .book a crco c,,,, propisal u, Bwn. The corrective proposal will'..dud,. but not he burned to. the name of the Ys JIa "mediation company: pro+Ivons for payment, including ,nests; and a projected c mpletion dmc for coreco,e measures. Within 316 31 5._ DAYS of receiving Seller's cone,u; , proposal, or if no corrttaive proposal B .evened within the time giv m Bu , or 'i't 'TT ve a- Agree..the cams of The corecnve proposal lane, or writing, in whichcae Buyer accepts the Property and agrees tathe REI EASE 31s 379 set forth in paragraph 25 of L, Agreement. OR i at) h. Accept the Poopeny and the system and, if required by the mortgage lender, if any, and/or any govemmenud outhomy, corer, the saes act defers before ,.(denier, or within die lime required by thdmongagc lender, if any, and/or Try go+xmmenul authority, at Buyers ost ae2 to expense and with Seller's pemi ssion, which will not be umeascmhhr with- ld, and agree to the RELE_4SE or form in Lora JIL? 393 graph 25 of this Agreement- If Seller denies Buyer permission to cored he defeas. Buyer may, within _ 5 DAYS of Selle,'s its Tea - demah terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will M roomed Jea Jas promptly to buyer and firs, Agreement will he VOID, OR - - ae, 31% - e. Terminate this Agmemeni in worng, in which case all deposit ironies paid on account of purchase price 11111 be rammed promptly - sac • Jar to Buver and dds Agreement will the VOID. 387 Tae ]d. NOTICES,ASSESSMENTS&CERTIFICATESOF000LTANCY("2) 3" Jag (A) Seller represents. as of Seller's execution of this Agreement that no public improvement condominium or hnmco+'ner association asessmems am 39D have been made against the Property which remain unpaid. and that no notice by any government or public authority has been served upon 390 »r Seller or anyone oa Seller's behalf, including noires relating to violations of caning, hosing, building, safety or fire enhancers which remain 191 392 - uncorrected. and that Seller kcwws of no condlsio fiat would constiNl e. niation of a Inch ordinances which remains uncorrected, unless 392 113 ? ode,i-iscspcrified hc¢: is, 7 _ 194 a95 (B) Sells, f new, of no irher?JO[entidl not/c?a5 ( clUrhng violmi ons) and as sessmlyis except az follows: 395 3% Yin 7 .?) Q 3% -39r (C) In ch<event any ..Bairn (1ncWding violationsyand assessments are .ere vcdaf[er execwon of thisAgecmenfand before senlement Seller will 39r 398 notify Buyer in writing, within 5 DAYS of receiving the notice or assessment, that Sell,, will 391, '3% 1. Comply with notices and assessments at Sella', expense, in which case Buyer accepts the P openy and agrees to the RELEASE set herds 399 Too in paragraph 25 of this Agreement OR aDD am 2. Not comply with notices and assessments at Seller's expense. - and m9 3. If Seller chooses not to comply with notices and assessments, or fails within the time given to notify Buyer if Seller will comply, Buyer am 403 will notify Seller within ?5 DAYS in w lies, That Buyer will careen - 1DJ am a. Comply with notices and aseessmenu at Buyer's expense and agree m the RELEASE sr, forth in paragraph 25 of this Agreement OR aw ws b_ Terminate this Agreement- in which case all deposit monies pod on successor of purchase price wid be renamed promptly to Buyer :.a05 W9 and this Agreement, will be VOID. rp5 way If Biy,r fails to notify Seller within the time given,. Bayer, accepts the Property and agreesto the RELEASE sel forth in para_.. 07 09 graph 25 of this Agreement, t,0 49 (D) Buyer is advised that access to a public load may requite issuance of a highway occupancy permil from the Departaedi of Tfapspren'tiom ao, n0 •• Buyer Wtals:__v A/S-21C .Pan•4 19 arc {E). If r {uucd by Aav, ? wcbirf 75 DAYS of the eaxufion of his Agociu,i l Seller u,U order (c d,Cvmy m B i", on or tw(ore mnlemem +u r<iz 1. A¢rufieabon from dbe approprime municipal depamn..",dcpanmenl disclosing".,,Of., umm?cacd vlplauons of zoning. h'.' ^.2 411 lug, b.di urg, salcty or fire oidinamm. AND/OR n4 _.. Acertific ptrailong occupanc)Of the Roperty. In the tvcm repairslimpro.eoi in,,,modto, lh.....mcr of dlc ccniGCarc Shc°i n° ,Is will, widrio 5 DAYS Of Setter', e,, pl of iM regal ements. no+ily Bum of the i"maenum+s and ..isdber Sella wdl make Ne =ts 4+6 mquimdrelcursAimpm.emenrs at SeIIcYs .,,pens.. - °16 m] I FASI3 sr If Seder chooses on make the required repaiNimprwemen¢. Buy.. a€rees to accept the D,mr y as repaired end aetees to the RI na na forth In pamgraph 25 Of th s Agtnemox If Seller cf,o,... nor to make the required repays/tmprovem...... Buyer "U, within - S DAYS. ' aA 4m s roof. ScUr in umung of Buyer's choice in Icr.ninate Niq Agr,meal OR make me r c,an Oimp,o.-emrnu at Buyer's c,,h,e and wise S, Ib,, a19 420 permission, which will not be unn:rromb7y withbeld.If Side, denies Buyer peora,,mn to make the required repairs or d Seller fails tore .J in al niNin the rime Our. Buyer may, within _5 DAYS. occohmace this Agreement in writing, which c:uc all deposit monies paid on annual 421 422 of purchase puce will be returned pmm,t], to 8a)m and +l,,, Apccmenl will be VOID. on 15. TITLE, SURN EYS & COSTS (1-02) 123 ,21 (A) The Ropeny is to be conveyed free road clear of all liens, encumbrances, and eaxmenrs, EXCEF ING HOWEVER Inc FcIlcv mg. esisting 424 als hoed ..'Motors, Incite., preservation restrictions or nrdiwrnem, building .......ions. Ordinarma, casements Of roads- rzemcn, s'isibte upon 125 421 the grovod, rse-u of record, ppvileges or rEhO, if public semi, Aimprorm, if any: otherwise the tide 1, the ably, descnb d real alas 426 477 will be goad and mxrkeuick and such u will be Ins. d by a i,pauibf, Tide Insurance COmpariy at the regidar, rates. °» 428 (B) Ro,r will pay for the following: (1) Title search, 50c hnvrancc had). mechanics two insurance, or be for ImmIleuon of same, if any, 426 a2s (2) Flood Insurance, Ne insurance with rureuded wverage; a , wiOn fener 'msorarse. or fee for cancelloboo of sans, if any: (3) Appraisal 429 480 fees and charges pa.d in advance b mortgage lender. if arty, (4) Buy.... customary sctdeirom costs and accruals. An0 .1 (C) A)rv surrey or survrys which may be required by the Title Insurance Company or the absnacimg at o rwy for die pteparatlon Ol an adegame 43l m2 legal desmpoon of the Ropcrry (or the re crino thereof) will be sccluW and paid for by .Seller- A ay snn'ey Or surcgs dcsucd by Buya Or on qa required by five snongage lender will be secured and paid for by Buyer m 4T4 (D) lO the enznd Scller is unable in IF,, a good and markerabie lithe and such as will be insured by a reparable Title Company at the regular rtes, o 474 4J5 specified in paragraph 15(A), Buyer will have the ON.h Of it) taking such rule as Soya can give with no change 1. the purchase pn,r, no (2) being q5 ex - 'paid all man es paid by Buyer to Seder, on account of purchase price and troy aimbnned by Seller for any costs incurred by Buy,, for any inepec- 4)6 an .ions or cenlficaunn, obtained a«ording 1o the terms of Ne A,mou,r , and for moo items specified in paragraph 15M) hems (I). (2), (3) and in 07 ea paragraph 15(C), or -Inch eau there will be ho fiudh.r tuba Gry or obligation no enter Of the panics hereto and Nis Apme,cm will become VOID. ena 439 16. ZONING CLASSFEICATION (1-02) - 4n 44r failure of do, Agtcemenf to ccmuirr cic2un'mg classificauon (except or cases where the property land each parcel rhrir L d scbd,lidabl,j ic:orred 44r W1 solely Or primarily to permit singh Fundy dweltiagi) will render [his Aptermot voidable at the option of the Buyer, and, if voided, any deposits ul .2 Icnderxl by the Buyer wi11 be resumed W)he Buyer without any'rq'e'rre t for cow action art a4a ZOniog Claaification:ii-f,_?_ e4a m4 ? ELECTED- IRNirt ?- DAYS of the esecuuon Of Nis Agreement Boyer, will verity mar the en,bng use of the Ph laory 31 444 s4s _ _ is permhsd. In the event the use is not permined, Buyer will, within U1e tune w5 446 p"o for serifiolioo, notify Slifer in writing dial th.... 0., use Of Ne Rnperry is not pemuued and dais Agreement will be VOID, m N h 446 a] ceue all deposit mosem paid on account of Farrhatt price ,It be rtmmed promptly to Buyer. Buyer's bro re to rvpond within the time a2 44a given will constitute A 16'AFi of Nis contingeocy and all ether leans of Nis Agreement remain in full Ioree and effect .0 17_ OALN - 49 ,So 450 P :NOTA APPLI PLICABLE - 4so - -St i APPLICABLE *1 452 IIUS ?: CKVMFSSr[ r.MY NOT S£11, CONI'[Y. TRANSGDC MQtIDE OR MS110.E+TH[ TTRF N THE COAL ANp R1G1rrS OF 51fP10PT tINDERMAiH T)iF SUrtFnQ IM'O 'iSt 45] OESLI?A FD CNt RDaiPM1FD aD Ia:RERr. ArtD THE OwNFA DA OuNE0.5 OF SUCH (OA1 MAT iL>I'E THE COFBr.FIE LEGAL NGtR TD REr40vF /.11 SUCX (bAL nI.V 45a rl.'"T CVNNFGTON, pMUGE 6uY RESULT TO Ti(E SURFAC40F Tfl£ I1.N?ANp M•Y HOUSE BURtrP'G OR O'n?P STRUCNtF ON OP P+SUCH LANO. (it r 454 X t od¢ ¢ a fonh in me serener provided in Secuun 1 0( Ne Aa of Italy 17. 1457. P-L-9£4) "B?yeradaiowledges .bad he may not be obmirung dPe 455 _ his right of prorection a,.c,t;ubaw,iwc resulting from coal mitring bpmcm.iis. and drat the pmpary dcsaibed herein -1 be protected) from d tomif t is mule (" the Txi" e ck l aS6 11,7 rte N r ow ee gem n due to mine simodroce by a private canna t with the owners of the economic mromra in die coal -This a Iss Of complying wiN the provisoni o(Searion l4 of the Bituminous l.]inc Subsidence and dive Land Conzervalion Ad of April77. 1966." Buyrragrom 450 iS9 ro sign sac J«d from Sell.. which deed wi0 contain Urc aforesaid prmisirn 453 ao IlL POSSESSION(1-02) t a, 61 ' y kc sand: Posxsvon rs m b delivered b deed, y (A 451 62 I. Physical possession ro vacant Property free o(debns, wish all swcrores broom-clean, at day and time n..enlcmenl, AND/OR 462 W 2. Assignment of existing lease(s), together with any sm nay deposits and ihichict, at came of aettlem.nt, c Does miy is IeasrA at the ir.T u e1,xulma Of this Agreement or aril.., omerwise specified herein. Buyer will ackrdowlalge e,oting lease(s) by irvtialing said leuo(s) at w 65 nine Of exCCLLliOn O( chic Avo,cov r. .5 66 (B) S.Ber will rills corer into any new ICdS written ea eulf. Of ,,,Ong leases, if any, Or additional I., for the Pmperry wnhoof the widen .6 i] consent of Bayer 467 sa 19. RECORDING (3-85) This Agreement will not be recorded in the Office for die Recording of Deeds M in any othp office or place of pubic record 46a w and d Buyer clues or permits dos Agreem.ol to. be ..corded: Si may clear to neat such act as a breach of dus Apiamoma Oil - +o 20. ASSIGNMENT (3-85) This Agreement will:be binding No the parties, then rupecuve heirs, personal repamentauves, guardians and successors,, n0 T and to the extent assignable, on the coag. Of the parties hereto, ii lacing cipressly undersmcd, however, tact Buyer will nor naasfer or assign Nis tit 12 Agicemenr without talc wrinca consent of Seller. - 472 a 21. DEPOSIT& RECOVERY FUND (1 -021 4n •a 10 DAYS of soul men, will be by cash, cashieYe be crnifed check. Dcpucits, mgudless of the form of (A) Deposits paid by Buycr within 474 s .. payment and he person designuted as payee, will be paid in U.S. Dollars ro Broker or parry. identified or paragraph 3(B). who will-alai. them ns E arcemmst' accounl until consuarchomon oreermnabou of this Agreement in confomtity with all applicable laws and regulations. Any encashed 11 a75 7 ,beck tender 1 as depoail monies may be held pending the acceptance of this offer 47 B (B) Upon srmicarim of chats Agrccmenl the Brof hold'Ing the dcpo5l monies rv01 release the deposit monies in accordance wim Nc terms of a rte - P fully casured written agreement between Buyer and Seder. -' n9 o (C) In We Dint of a dispute over entidemcnr 10 deposit monies. a broker holding she deposit monies is acquired by the Rules and Regolauons of 400 I the time Real Estate Commission (49. Pa: Code §35 327) to grain the main, in escrow nmil the dispute is resolved. In the even of hugarion 481 2 for the .wren of deposit monies, a broker will tchabule the moth.. as direecd by a f rod order of court or the w.tsen Ag emocul of the panics- 4a2 2 Buyer and SCAN agree Nat in the event any broker or aAOa cd neon.... is joined in bliplion for the .in of deposit monies, Ne anortteyi e13 - I - fcas and Oaks of Ne bmkm(c) acrd-BCensc(s) will be pad by ilrf','kuTy joining tbern. 484 r (D) A Real Estate licgiory Fund exists rd rdmbarac any person who have 9bItumed a final civil judgment straw a Pennsylvania real mute 4s licensee owing to fraud, misrc'mmirauon.Or d«eitinabeat ..fadeaznsatTlbn and whohave been unable to collect diejudgmem aher exhaust- Of • ing all legal and rq.i.blc remedies. For complete demibs about he Food, .It (717) 793 3658, m MO) 822,2113 (within Pennsylvania) and 4.4] 1 (717)7113-4854 (outside Pennsylvania). 48e 1 22. CONDOMINIMILPLAN'NED COMMUNITY (HOMEOWNER ASSOCIATION) RESALE NOTICE (1-02) 4a9 ? NOTAPPLICABLE 490 ? APPUCABLE: CONDOMRT[ IM. Buyer acknowledges that The Propcny is a unit of a condominium char is pnmanly our by a unit owners' 491 ar-armar, §3407 of the Uniform Condominium Act of Pennsylvania 'rebores Seller io furnish Buyer avid, a Cenificare of Resale and copies 49: '- 01 me condominium dechaucon father than lam, and plans), the bylaws. and Ne role. and epho or of the associarioa l.Y APPLICABLE: PLANNED COMMUNITY (HOMEOV?NER ASSOCIATION). Buyer acknowiedges chat the Property, is pan of a planned am 494 cnmawmry as defmW by The Uniform Planned Community Act, (See Definition of Planned Commurvry Notice). §9407(a) Of he Air, requires, 4s, Seller to finish Buyer with a copy of the Declaration (.W. than puts and plans). Ne bylaws, the rules and irgarkn ous oldie association. and 4% a C,MFcale containing he provisions tic forth in §5407(a) of 01 Act " t 19] -eo9 -'.]'Ht tV1:LVtvrN(?gPPLttJ IV 1'HVPpH'NMY.IffAl pate:J'{?1$Q-fJ'N;P(112J`f}IO(rQiL+Y Ord UK A" PL.ANNtU UVP1oIVNl1-Y.' - let :-100 (,A) Within 15 DAYS bf Ne ex¢voon of Nis Agireemrnt Shcerwl)) submit a tequeif to Ne associadun for a Cem Grate vGRe;ale and Ne dw- 500 sii7 t i {rwpen¢ ncces: an m enable Seller m comply,?viN Ne Act TheA l pn,vtdes Thal the as g auomis r,jrm,d-to p,,sfd, dress documents olon .501 --. 5a2. t ,.: IO days pLSeller'a f.gaev ,. .. 502 SN t , BB).I Seller wJ promptly debt er m Doye ad drxpnrenl5 recet.ed hom Ne zsuyat;om Unrfu the.Aa; Seller is not liable to Buyer for Ne fulwe w3 son ,,.delay of the asaccompn to pro,idcthe.C, heate m a n tract' man er. nopsSel]er. bable to Buyer for any enoneaus reGrrmeuon. faceuded by - sw sus n , .., the asocienon. and inn hided+n.the C.Qifnarc..... .. San sac (C) Buyer rosy dedate NL Agrecment VOID v any umc before Buyei s race pt.1?the associew,if docomcnts and for 5, days thereafter, OR and . 506 Sal settlement whichever occurs firs. Buyer's notice declaring Nis Agreemem void must. be in .driting, ihereafier all deposit monies will be 507 WB rammed t0 Buyer. 508 509, (D). Ia theevent the asswixtme has Ne right to buy }he property. fight of fist refusal), and theusocionon exercises Nat rlgbc Sell,, will rmmburse So9 sin Buy,for all monies paid by Buyer on accoum of purchase price and for arty costsinctlnud by Buyerfor: (1). Title search, ride lnwrancc and/or sr0 sat ...,mech?nics.hen instuanw, or fee for canmBaoon of s - yore, fatty; (2)Aoipdansurancc and/or. fueensurance with extended coverage, muse sub- sat sv sale... insurance, or fee for canullatica of same, if E1v (3) Appraisal fees and charges paid m adv an, to mengage lender ,f any .. 512 113 23;, MAIh7ENANCE BRISK OF1OSS.(1-02):.,. ' _ sn rte (A) Sell, will maintain me Pmpedy, grounds, fixtures, and any personal property specifics ly scheduled herein in ec.present condition, normal S1a ss wear and tear ucepted. Sts 516 (B) In the e,eal any system or appliance included in the sale of the Property fails and Seller does not repair or replan the item, Seller will promptly se sn notify Be),, in writing of Seller's emi¢ to 517 sec I'. Repafr or replace the failed system or appliance before settlement or craft Buyer at sertkmenl for the fair market value of the failed. aye. Ste 519 lam or appliance (Nis optim must be ae.epuble 1o the mortgage lender, if any). In uch case, Buyer accepts the property and agrees to S19 or the RELEASE set forth in paragraph 25 of this Agreement. OR 520 Sri 2 Nor repair or repb,,.th,faJedpyaiem or appliance and not credit Buyer at settlement for the fair market value of the failed system or 52, sn appliance if Sella does not repaii,.replace :or offer a: credit for he failed system or appliance, or if Seller fails to notify Buyer- 522 531 of Seller's choice,. Buy, W,11,u ify, Sell,mrn writing within-5_•-DAYS of before settlement, which... is sooner, that Buyer 521 Sec it), 0. sty .. . a.- Accept the Property -and agree torte RELEASEsea forth. inparagraph 25 of Nis Agreemem, OR 5u 526 b. Terminate des, Agreement, in which case a]I deposit. moniespaid' on account of purchase price: volt he reamed promptly to Buyer 526 527 and Nis Agreement will be VOID. 52-, 1:8 (C) Seller will bear risk of In,, hom fire or other casreharsanm time bRetilemem. in the event of damage by fire or other casualues m any prop- 528 Sal any included in Nas. sale: that is not repaiud or replaced poor to. abatement Buyegswdl have theoptiun of rescinding cars Agreement and 529 5.10 promptly receiving all monies paid on account of purchase once orof accepting the Noperly at its then condition a gether with Ne proceeds 500 $31 . . of any insurance recovery obtainable by Seller. Buyer as hereby notified "Buyer may insure Buyer's equitable interest in Nis Properly u of 5n 512 the pore d r,ecem., of this Agreemem. 532 5v- 21.- 11APTR OF CONTINGENCEES(1-02) - .518 vs, If this Agreemem is oefl nguu on Buver'c right to inspect vtd/or repair the Property. Buyer's failure to exer6se any of.floyer's options within 55+ S15 the time limits sal fonh in this Agreemem till constitute a `AAFVER of that contingency and Boyer accepts the Property and agrees to the 515 r.,6 RELEASE set forth in paragraph 25 of this Agreement - V6 537 25. RELEASE (1-02 537 Sae Buyer hereby releases, quit claims and forever discharges. SELLER;.ALL BROKERS, their LICENSEES, EMPLOYEES, and any OFFI. Sera 579 CER or PARTNER of any one of them and any other PERSON, FIRM, or: CORPORATION who may be gable by oc through -then, from 513 SW any and all claims, losses or demands, including, but rim limited to, personal inji rie end property damage. and all of the mrrsequences there--. tan tit of, whether now known or not which may arise from the, prawn, of termites or other wood- boring. insects, radon, lead-hazed paint has- sat D, amb,.em'ir.nmrnmt hasirds, am regrets in the individual on-lot sewage disposal system or defickr cies in the omsite wiihersarvice system, 512 Sri or of defects or conditions on the Property. Should Sal@r be.io default mater the. terms. of Ihis Agreement, this release does not deprive 5 p+ Buyer of any nghl m pursue any rernedi es mh al may be it, nibble under law or equity. This release will sarrive set theme at. s+a Say 26. REPRESENTATIONS (1-02) _ secs sat (A) Buyer understands thin any represem,nrr1.claims.advenomfl. promotional activities;hrochums or plans of mrykind mad, by Seller, Brokers. V6 517 the, licensees, mplm erl. officers. or partners are not a pan of Nis Agreement unless expressly incorporated or stared is tots Agreement. It is sae sae., .,funher understood dal Nis. Agra men( cmr a,m,. N. whole agreement between Seller and Buyer and (here are no other tins, obbgarions, s+a Sag co.enams. no...tenrau m, su¢menu or .(shun ns, oral or otherwise of any kind whateevo mm,,rmng this sale. Funhertnore. his Secs 519 Agreemem will urn be altered, amended, changed, to modJed excepfin writ gazecutedby the panics. Sao 55, (B) It is understood that Be,,, Ins inspected the Property before signing this, Agreement (including fixture and any personal property 55, ss2 _,, Specifically scheduled hereind, or has waixM the right to do smand. has agreed 46 purchtfse:No Property in its present condition uNes, 552 Sat Wharoise .SUted in.lhis;Agrmment Rover acknowledges-that Brokers,lheic G¢osees; employees, officers or Parallel, lisle east made 553 551 am independent examination or determdnarioer of the structural soundness ofthe Property, the age or condition of the components, In, i- 65+ 515 rorunental fro ditious, the permitted uses, or of maditions.existing inihe locale ahere the Pmperty is situated; nor have they made a 555 155 mechanical irupecuon of any of Ne systems contained therein. 556 552 .(C).Any, tepees requved by this Agreement will be completed in a workmaNike manner:- - 557 Sty (D) Broker(s) may perform Services to assist um<presented parties in complying with Ne terms of dris Agrecmen6 558 559 (E) The headini captions, and fine numbers in Nis Agreement are minim only an make u easier to ford the paragraphs. 559 San 27. DEFAULT Il -(12) San 561 (A) Seller has the option of retaining all sums paid by Buyer., including. the deposit monies, should Buyer 561 as 1. Fail to make any additional payments as specified in paragraph 3. OR 562 568 2. Furnish false or incomplete information to Seller. Broker(s), or the mortgage leader, if any, concerning Buyer's legal or homers] scams, 561 564 or fail to cooperate N me processing of the mortgage loan applo atium which acts would result in [be failure to ob,.a the approval of a 564 Sss mortgage loan core m unex OR - - 165 S66 7, Violate or fail m fu Udl and Perform any other terrns or conditions of tots Agreemem. - 566 562 (B) Unless otherwise cheeked in paragraph 27 (C), Seller may elect to retain those a.., paid by Buyer, including deposit monies, in one of the 562 12 foliuwing mariners: 568 Say L On account of purchase prim; OR - 569 S20 2. As monies to be app ed to Seller's damages; OR $tn 521 1 ,AS liquidated damages for such hrcach. / -3 S71 sn ` (n yt Shcu is barnod to mtaiaing sums paid by Buyer, including deposit monies, as liquidated damages 572 521 (D) If Seller realms al( sums paid by Buyer including deposh ar omes, as liquidated damages pursuant to paragraph 27 (B) or (C), Buyer and Seller 573 524 will be released him funher liability ear obligation and Nii Agrecment wBUbe VOID. 574 S75 M. MEDIATION (7-96) - . 575 576 ? NOTAVAEABIE 526 sn - NAIVED. Buyer and Seller understand flat they may choose to mediate at a later date, should a dispute arise. but that there will be no obli 577 528 ; gation on Ne pan of any party to do so. 528 99 ? ELECTED 529 sw (A) Buyer and Seller will try m revive any dispute or effortthat may an,,hom this Agreement through mediation. in accordance with Ne AvI¢ sea sin and. Procedure of the Home Sell ...JHome Be.... Dispute Resolution System. Any agreement ruched through a mediation conferen¢ and sal 582 signed by the planes will be binding. - - - 582 Seca (B) Buyer and Seller acknowledge Na(they have received, read, and undersund the Rules ated'procedures of the flume SellersMome Buyers 581 See 585 Dispute Resolution System (sec Mediation Notice). - Of This di i 5" agreement to me ate d tires arising from this Agreement will survive sculemem I I 585 sas n Bu er hutiak: ?? ? y A5-2K Page 7 of 8 Seller Wrists: !4 L ever sae (A) The folloxing are pan of Nu Ageemrnt if checked: - - SEE sA9 ? Salc & Sndemem of OtheB P.rppeny, SeNen em ql Orhec Property. Conlipgenry Addendum (PAR Form SOP) 589 sm Co uogenp' AJdutdvm IYAR Form SSP) Ten m Ch EopiW It ny Addendum (PAR Fotm TOP) 5w0 s9J '.? Sat, & Seulem<nt of Other Pro?rty Co nngency F-fEl #7 591 592 oh Right to r otmmoe MastmZ, Addc?dum a. r Cy?_f r ssz s0a (PAR Farm SSP. CM)Ul/_ sv 596 .. o. _. r Y+5 Sal . . _ . i s9] s98 599.. .. .. 543 ? 600 fnl ., r.. .. 601 Em Beyer and Seller acknowledge rrceicing a Copy of Chip Agreement at the bme of signing. 66t SIA cos NOTICETO PARTIES:R'HEMSIGNED;TlnSAGREEMENTISA BIr`DWG' CONTRACT Return by Tarsimle tronsmisndn'(FA7O of"this E05 6o6.'.Agreewrut,end all urce.da, bearing the signatures ofall parties, cosBmtes acceptance of this AgmemedCPentics toahistrartsactidn'ere ad?5sed"' Eva so?' toeonsullanuuorney beforesigning if they desireIrgaLadK.Y - " 6p1 h8 608 609 B ryer has ,cceisrd LLje Con mec Notice u adopted bill State Real Fsmte Commission .1 49 Pa. Code §35346 609 6,v ..Beer has receded a atonement of Buyer's: atlritated dlsng volt, Mum signing'NisAgaemenu - art En Buyer has read and understands the notices and explawwory information set forth in thu Agreement'-: 6u El] Buyer has recened a Seller's Prope[tY DLsrdosure St3terr 1'.t hefore shoing thia Agn cou.l, if required by 1 w (see Infa,noad n Regarding 612 613 the Be.] Estah, Seller Died,orm lam ,,??77 h 6n 6up Buyer has ...ived'the Deposit Monev Nofrre<Ifor a,uperaove sales when Broker foeReB r 6 1lolding deposit money) bef rvsigning4Nul' E14 61, AgreeruenL 615 IiLU.?? ?L!/17 /Tp .. : 616 Bt6 En BUYER'S MATLfls'G ADDRESS 61. 619 BUYER'S CONTACLNIIMBERfS);_aFOf-F- 6]0 ,. ? ^• -? 640 / ?I -r naTE 7/?? /A- 611 SS# 621 1rfTN65S//?`f BUYER 62, ED - r .. 611 E]a NNITNESS BUYER- DATE 61e Ell SSU _ u5 6]6 6% r;] VE'ITNF_S,S :.>BUYER.- _ ,D&TEt _ ,' c]J ,1B S54- Vs 6.1 sJC Se6erljl,by appnl,c,Jh, ab., cennaU this (dam) Ell 69r.. k 6ta:: 613 W - 'B ? ? J 6H 615 l!f/Seller has. rx ed the Cn suuner Notire as dopted,by Ute.StaP, Real Colao G miSsio at 49 Pa,Cod §45336 05 6]E le" eda star entoh Seller eEwawttetl chang costs-beforegu gnus Agrnment 6J6 E±] read andunderstands Nenpeces•and expinrutory:infulmation set fonh?in'4h1s AeJeemeor., 0? 6lB 63B 619 SELLER'S MAILING ADDRESS: bi9 bat SELLER'S CONTACT' NUMBER(S).= - Ell W] 641 6,3 NVITWESS ymf'Y/ SELLER. e- -DATE . 643 E. Ent Ea6 WITNESS- ?_ SELLER- -: DATE; 646 Ell SSN __ - Ell sag lv7Tn'GSSJ SELLER. m_._ .. ..DATE saw Eye SSU .,... 'x- -. 660 ml 65r 652..: Orukerts/1:icens?es'CenJCations {gheck.a118hatare,applipable) r. :. ? '< " t3l sss„ ?[?, "Regariting [,tad-Base¢rPainpHa2ards Tfiscfosure: Required APmperty,was built before 1978: The lmdcrsigncd liceas"ees:involved m 09 Ell, - this 4ansactiom, on bchalfofthemseWes and then brokers, certRy that thew staternen¢are veto the:bem of Neu kPOU4cdge and belief-o 654 - E56 AcknowledpreenC The Licers 'nvolxcQ ir, this,vansarionhave m(or;nod Seller o(Szlkrs-oWigaziars undec:Tlx Residential Based S5S 5sE Paint Hazard Reduction All, 42 U.S.C §4852(d), and are aware of Nov responsibility 1o ensure comphance_ - Ell En is Regarding FMA Mortgages: The undersigned Licensees involved in Nis transaction, on behalf of Nemsdves and their brokers, certify that 156 659 the terms of this oonuact for purchase are owe to the bell of their I, nowiedge and Wier, and that any other agreemew entered into by any of 659 660 lhese lames in connection , wh this transaction isat.hed to Nis A,ncl,, 60 661 q 661 661 ? Regarding Mediation: The undersigned ? Broker for Seller ? 9m&r for Beyer agree to submit to mediation in accordance wilh 662 663 paragraph 28 of tins Agreement 663 66d YR 665 BROKER FOR SELLER (Company Name) 665 EE6 ACCEPTED BY DATE 666 66, 6F ssB BROILER FOR BUYER (Co. pang theme) - Ha 669 ACCEPTED B 6E9 6]0 6]0 6]1 / - A/S-2K Page 8 er8 sn BUYER'S COPY , ADDEND UM/FNi)ORSEMENT TO AGREEMENT OF SALE SELLER BUYER DATE UP AGRGE?ti4Nl'___ i All other terms and conditions of the Agreement of Sale remain unchanged an in full force and effect WITNESS r - ! I• BUYER % WITNESS BUYER " ?. DATE DATE WITNESS - BUYER DATE WITNESS SELLER - E DATE WITNESS;'ii' 1 SELLER`:-` DATE WITNESS- SELLER t c \ DATE r J ASA-L Pe syfvania Association of LOPYRIGW PENNSYLVANIA ASSOCIATION OF REALTORSB 2002 RFAI TnrN0 Febnlary 25. 200S Scott and Penny Fewer 120 Sionehedie Drive Car lisle. Pa 17013 541-9001 ( H) 240-2985 ,esto,e (l epunet .v ?... Pe•tw t b'.UnGmi, e do,9 F'I-,C n,E (717)3623477 Fax (717)3624571 We propose to furnish the 1,11x11 and materials for the follm) mg,wok to be completed at the address listed above All Cite, Counts, State, .G/or Federal: fees, permits, approvals, inspections, etc... whether the' are Government, Organization, &/or Association relate(j, shall be the full responsibilit.) of the Customer listed above, and are not included in this price. • Owner to supply electric. )Inter and sanitar-Y facilities. As leer our inspection :mid reconUnlCndatiOn,-WC mnchrde th;ut the flisor specifically in the kitchen area is damaged doe to an acclim:mou and installation issues Lining room and foyer/hall seem to I c in good condition even with seasonal conditions- Kitchen area cam be resolved by icmw p existing flooring and installing new (same product) but with proper acclimation An aliernarn u, if the existing product cannot be acquired is to remcme all Jlom mg and instal) same species in those wens a Kitchen area existing )wood floor rernmed and new (same product) m,, aI Acd. Total labor and materiaLs..__ ................. ............................ .................... $ 4000.00 b- Remove ensue existing wood flooring and install select or better 2-114 inch oak flooring, sand and finish One coat sealer, nvo coats polyuretlane Stain an additional $1 00 per square foot Total boor and nnateriaLs......... ._...................... ...._......._.._....._..._.......s 8000.00 TEJOJ S: 50% down balance upon completion Work to be completed will be billed as labor and materials at S42/ha We are not responsible for delays in work for reasons beyond our control Labor and materials guaranteed for one year from date of completion (for defects in workmanship or materials only, not for normal wear and tear, misuse, or for problems caused by reasons beyond our control) Manufacturers' warranties apply as stated on each item so covered- Prices guaranteed for 30 days only from date of contract. Customer can exercise the right of rescission (canceling the contract) I (ontrol) Manufacturers' wa 1awics apply as stated on cm h item so crnrred Paces eum nteed for 30 days only from date of contract Customer eon et ejci5e the riLill (,I rescission (ctmceling the contract) for up io We days rifler the date edsigrimg IS conum :aid mull nolify us in ??nung (whiclh bears a timely posimtuk) of this decision We reserve Me Mehl to chope a 221, )ate fer on amounts pass due (over 30 days from billing dme ) Tin fauns of the C""Tvn,vmhh of Penns\h,mtia govern the terms and conditions ofthis contract } Kaye read and undeisiand the technical topecis_ terms, xid eaclusic ms as set Wh above Accepted Subm iedby RESTORATIONS UNJAMITED_ INC Accepted Dal e= 1n s S I'mnelli_ Presidenl Note Please send us all pates of lilt signed (,riginal. we »Nill send )on a photocopy 2 CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the within document this 1-k, day of j c=?R? kY 2006, on the following via facsimile and by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 CALDWELL & KEARNS By: =_ ` Scott Feeser & Penny Feeser, Husband & Wife, Plaintiffs V. Katko, Inc. & Joseph Katkocin, Defendants In The Court of Common Pleas Cumberland County, Pennsylvania N o: 05-4904 NOTICE TO PLEAD TO: Brett M. Woodburn, Esquire Caldwell and Kearns 3631 North Front Street Harrisburg, PA 17110-1533 n f" IT C f- ` CD "a You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully Submitted TURO LAW OFFICES 3 (/C)lo6 Date ////,/ r / ? - Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant Scott Feeser & Penny Feeser, Husband & Wife, Plaintiffs V. Katko, Inc. & Joseph Katkocin, Defendants In The Court of Common Pleas Cumberland County, Pennsylvania No: 05-4904 Answer To Second Amended Complaint 1. Admitted 2. Admitted 3. Admitted 4. Admitted 5. Denied.By way of further answer the agreement did not include the installation by Defendants of hardwood flooring in these rooms rather the price included the hardwood flooring but Plaintiffs knew and understood that they would deal with the installer directly who would actually do the installation of the floor that Plaintiffs chose. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied. Defendant denies that the hardwood flooring installed was defective and proof of the same is demanded at trial. 10. Denied. This allegation is a legal conclusion to which no responsive pleading is required and if a responsive pleading is required Defendant re-alleges that there were no defects in the floor. 11. Denied. The conclusions of this paragraph are legal conclusions to which no responsive pleading is required. By way of further answer Defendant re-alleges that there were no defects in the floor and any wood putty that was found was placed there by individuals other then Defendants and Defendant's had no responsibility or knowledge of any wood putty being utilized on the floor. 12. Denied. The conclusions of this paragraph are legal conclusion to which no responsive pleading is required. By way of further answer Defendant re-alleges that there were no defects in the floor and any wood putty that was found was placed there by individuals other then Defendants and Defendant's had no responsibility or knowledge of any wood putty being utilized on the floor. 13. Denied. Defendant, at no time, knew of any defect in the hardwood flooring and further denies that any defects in fact exist and proof of the same is demanded at trial. 14. Denied. Defendant, at no time, knew of any defect in the hardwood flooring and further denies that any defects in fact exist and proof of the same is demanded at trial. 15. Denied. Defendant, as stated above, deny that any defects exist or that the floor was improperly installed and, if the same is proven, the Defendants deny that they had any knowledge of any defects or any improper installation and such defects or improper installation is the fault of third parties not controlled by Defendants. 16. Denied. It is denied that at anytime Defendants, installed wood putty in the wood floor and, of the same is proven, Defendant re-alleges that such installation was at the request of Plaintiffs by third parties not associated or controlled by Defendants who would be ultimately responsible if such were proven. 17. Admitted and Denied. It is admitted that Plaintiff's told Defendants that there were defects in the floor however Defendant deny that defects exist or that Defendants, were in anyway responsible for any defects. 18. Denied. Defendants have asked responsible parties who installed the floor to investigate and fix any defects however none have been found. 19. Defendants have no information as to the allegations in this paragraph and thus the same is denied and proof is demanded. 20. Defendants have no information as to the allegations in this paragraph and thus the same is denied and proof is demanded. 21. Admitted and Denied. It is admitted that a bid proposal for alleged correction was obtained and however it is denied that such bid proposal is correct or that it has anything to do with actions taken by Defendants. 22. Denied. The hardwood floor product is still available from the manufacturer. 23. Denied. It is denied that any flooring must be replaced however if it is determined that some flooring must be replaced it can be done without removing the entire floor and responsible parties who installed the floor in the first place could do so. 24. Denied. 25. No responsive pleading required. 2o. Admitted and Denied. It is admitted that the price is as stated and it is denied that the flooring was not property installed proof of the same is demanded at trial. 27. Denied. Defendant breached no duty to Plaintiff and did deliver the house as promised. 28. This is a legal conclusion to which no responsive pleading is denied. WHEREFORE, defendants request judgment in their favor and against plaintiffs. 29. No responsive pleading required 30. Admitted. 31. Admitted. 32. Denied. The language is as stated and defendants have stood behind their warranties. 33. Denied. Proof of the same is required. 34. It is admitted that Plaintiff alleged a defect however Plaintiff has not proven a defect and, most importantly, Defendants are not responsible for any defects in the wood flooring that was installed by others at the request of Plaintiff. 35. It is admitted that Plaintiff alleged a defect however Plaintiff has not proven a defect and, most importantly, Defendants are not responsible for any defects in the wood flooring that was installed by others at the request of Plaintiff. 36. It is admitted that Plaintiff alleged a defect however Plaintiff has not proven a defect and, most importantly, Defendants are not responsible for any defects in the wood flooring that was installed by others at the request of Plaintiff. 37. Denied. Proof of the same is demanded at trial. WHEREFORE, Defendants request judgment in their favor and against Plaintiffs. 38. Denied. Plaintiff inspected the home and made arrangements to purchase the wood flooring and to involve themselves with the installation through a third party not under Y the direction or supervision of Defendants and consequently are responsible for any alleged defects in the floor as they supervised the installation. 39. Denied. 40. Denied. 41. Denied. It is denied that Defendants made any false or reckless claims in this matter and proof of the same is demanded at trial. 42. Denied. Defendants, at no time, involved themselves with the installation of the floor or the installation of putty and if the same is proven such installation is the responsibility of third parties not under the supervision and control of defendants. 43. Denied. See answers above. 44. Denied. See answers above. 45. Denied. The Plaintiffs have not suffered any injuries or damages and certainty if defects exist they were not the result of gross, wanton, or reckless conduct of Defendant and proof of the same is demanded at trial. WHEREFORE, Defendants request judgment in their favor and against Plaintiffs. 46. No responsive pleading is required. 47. Admitted. 48. Denied. The allegations in this paragraph are legal conclusions which are denied in their entirety by Defendants. 49. Admitted. 50. Admitted. 51. Denied. The allegations in this paragraph are legal conclusions which are denied and proof of the same is demanded at trial. WHEREFORE, Defendants request judgment in their favor and against Plaintiffs. 52. No responsive pleading is required. 53. Admitted and Denied. It is admitted that the Defendants had a responsibility to provide a home pursuant to the contract which they did and any allegations contrary to that is specifically denied and proof of the same is demanded. 54. Denied. Defendants did not install the wood floor which was installed by others under the direct supervision of Plaintiff. 55. Denied. Defendants did not install the wood floor which was installed by others under the direct supervision of Plaintiff. 56. Denied. Defendants did not install the wood floor which was installed by others under the direct supervision of Plaintiff. 57. Denied. Defendants did not install the wood floor which was installed by others under the direct supervision of Plaintiff. 58. Denied. Proof of the same is demanded at trial. WHEREFORE, Defendants request judgment in their favor and against Plaintiffs. NEW MATTER 59. The Defendants were the owners and builder of the home referenced above. 60. Plaintiff Scott Feeser contacted Defendants and arranged to buy the home along with his future wife Plaintiff Penny Feeser. 61. Because the home was being built at the time Plaintiff contracted to buy the same, Defendants explained to Plaintiffs that they would be given an allowance for flooring and could make arrangements with a manufacture/seller of floor products as well as an installer of Plaintiff s own choice. 62. Plaintiffs made an arrangement to work with Griff s Flooring and Plaintiffs went to Griff's place of business where they selected a flooring type after consultation, discussion and recommendation of Griff s. 63. At no time, during this process, were Defendants involved in the selection, purchase or suggestion as to a suitable floor product for the home. 64. Plaintiff s, during their meetings with Griff s, chose Griff s or Griff s sub-contractor to install the hardwood floor. 65. At the request of plaintiffs and under their direct supervision Griff's did sell the product to Plaintiffs and did install the hardwood floor or have such installation sub-contracted under the direct supervision and control of Plaintiffs. 66. At no time, during this process, did Defendants supervise, contract or otherwise involve themselves with the installation of the hardwood floor which was completely under the control, supervision and direction of Plaintiffs. 67. Defendant's responsibility was simply limited to payment to Griff's on behalf of Plaintiffs for the product purchase selected and install under the supervision, direction of the Plaintiffs. 68. Plaintiffs, at all time relevant hereto, played the part of sub-contractors in that they specifically took over all responsibility for the selection, purchase and installation of the wood floor in their home and did, at all time relevant hereto, contract with third parties not under the direction, supervision or control of Defendants and did, in such capacity as a sub-contractor, supervise the installation of the hard wood floor thus relieving Defendants of any responsibility as alleged above. 69. The Defendants did not, at any time relevant hereto, select, analyze, measure or install the hardwood flooring in the home but merely acted as a conduit for the payment of money from the Plaintiff to Griff's and Griff's sub-contractors and was therefore not responsible, in any way, for any defects that may have occurred in the manufacture, selection or installation of said floor. 70. If it is determined that Defendants are responsible in anyway, for any defective installation, said finding must be reduced by the negligence of Plaintiff acting as a sub- contractor and supervisor of the installation of the wood floor. WHEREFORE, for all the above reasons, Defendants request judgment in their favor and against Plaintiffs. Date ko' n Turn, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717)245-9688 ext31 k , 1 VERIFICATION I, Ron Turo, Esquire, attorney for the Defendants herein, have sufficient knowledge of the facts contained in this Answer to Second Amended Complaint and verify that the statements made in the foregoing Answer to Second Amended Complaint are true and correct to the best of my knowledge, based upon information received from the Defendant. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. /10 /6, Date Esquire 4 i CERTIFICATE OF SERVICE I, Ron Turo, Esquire hereby certify that I served a true and correct copy of the Answer to Second Amended Complaint, upon Brett M. Woodburn, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the lG day of P 6 , 2006, from Carlisle, Pennsylvania, addressed as follows: Brett M. Woodburn, Esquire Caldwell and Kearns 3631 North Front Street Harrisburg, PA 17110-1533 LAW OFFICES 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 08/07/2003 1?: 10 7177311392 GRIEF'S FLOORING 5205 N FERRY MEC ECHANICS NICSBURG, PA 1 17 7050-3534 (717) 795.7300 Bill Tc Box 370 P MD. PA 17001 s 3 GRIEFS FLOORING 4 .. PAGE 02 Invoice Date Invoice S 8/12003 236 P.O. No. Terms Due Date Job Net 15 8222003 Church [Dessoriptlon size Rate Amount AsWoo Natural 3/4 Solid N¦Vnood 960 3.50 3,360.00 hardwood htstallation 960 2.00 1,92090 Transition Strips 4 15.95 63.80 COOC°PL Vinyl 411 1.68 690.48 V-1yllaa0olletwn 411 0.63 258.93 bkdtiply undrt{aymeni 320 0.62 198.40 sumocr 1MIaltatlon 320 0.37 118.40 SP50I Re8a1@r Carpet histalutic4 . n ..,...-._........„ ... ., .._ ,,,,,,._N 49.33 r• Mp 3 10.50 3.00 Si7.97 147.99 6lb Bustled 7/16 inch PddYg e j?..` 7 ...,,,,. 2.00 98.66 Prodigy Cana color ; 10.00 800 00 811) Hmoded Aetba Padding; 4 " 80 2.00 . 160.00 13aberCacpctAndPadltssldllatirm .,, ? ;v ''.`•).I 80 3.50 280 00 , . »r? "? ?', "rY k s ry i ? Total 18,614.63 V.) PaymntalCredits 54,00D.00 Balance Due O Ie3737(1W02) 54,614 .63 0 4 1 . 0 VERIFICATION I, Ron Turo, Esquire, attorney for the Defendants herein, have sufficient knowledge of the facts contained in this Complaint to Join Additional Defendant and verify that the statements made in the foregoing Complaint to Join Additional Defendant are true and correct to the best of my knowledge, based upon information received from the Defendant. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date Ron Turo, Esquire CERTIFICATE OF SERVICE I, Ron Turo, Esquire hereby certify that I served a true and correct copy of the Complaint To Join Additional Defendant, upon Brett M. Woodburn, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the /-?_ day of //-- -Z'? , 2006, from Carlisle, Pennsylvania, addressed as follows: Brett M. Woodburn, Esquire Caldwell and Kearns 3631 North Front Street Harrisburg, PA 17110-1533 LAW OFFICES Ron Turo, Esquire Z 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 Scott Feeser & Penny Feeser, Husband & Wife, Plaintiffs V. Katko,Inc. & Joseph Katkocin, Defendants V. Griff s Flooring, Additional Defendant V. Doug Lindsey T-D-V-A D&L Hardwood Flooring, Additional Defendant In The Court of Common Pleas Cumberland County, Pennsylvania No: 05-4904 Defendant Katko, Inc. & Katkocin's Answer to Complaint to Join Additional Defendant 1. Admitted 2. Admitted 3. Admitted 4. Admitted 5. Admitted 6. Admitted 7. Admitted 8. Admitted 9. Admitted and Denied. It is admitted that the Plaintiff's made certain allegations, it is denied that Defendant Katko, Inc. and Katkocin were, in any way, responsible for the defective installation of the floor, if any. 10. Admitted and Denied. It is admitted that Plaintiff's made certain allegations however it is denied that Defendant Katko, Inc. and Katkocin knew of any alleged defects in the floor prior to settlement and further did not, in anyway, attempt to hide such alleged defect as they did not know they existed. 11. Admitted 12. Admitted 13. Admitted 14. Admitted 15. Admitted and Denied. It is admitted that Defendant Katko, Inc. and Katkocin made a contact to additional Defendant Griff s however it is denied that the defendants did make this contact completely on their own but did rather, involve the Plaintiff s, the Feeser's, in the contact and there after the Feeser's and Griff s and additional Defendant Lindsey handled all aspects of the purchase, selection, and installation of the wood floor. 16. Denied. Additional Defendant Lindsey installed the wood floor at the request of the Feesesrs and additional Defendant Griff s, but at no time, under the control or supervision of Katko, Inc. and Katkocin. 17. Admitted and Denied. It is admitted that Defendant Katko and Katkocin paid certain sums as set forth on the invoice however it is denied that this payment was made to Lindsey as all sums were paid to Griff s which, in turn, subcontracted Lindsey who worked under the direct supervision of Griff s and the Feeser's in the installation of the floor. 18. Admitted and Denied. It is admitted that any liability in this case is responsibility of additional Defendant Griffs and additional Defendant Lindsey. Plaintiff s bear responsibility as the ultimate supervisor of the installation job. WHEREFORE, for all the above reasons, Defendants Katko, Inc. and Katkocin request that judgment be entered in their favor and against the Plaintiffs, additional Defendant Griff s and additional Defendant Lindsey. Date ' ed, Aur ullEsquir o, Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 ext 31 VERIFICATION I, Ron Turo, Esquire, attorney for the Defendants herein, have sufficient knowledge of the facts contained in this Answer to Complaint to Join Additional Defendant and verify that the statements made in the foregoing Answer to Second Amended Complaint are true and correct to the best of my knowledge, based upon information received from the Defendant. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. §4904 relatinq to unsworn falsification to authorities. v? Date y CERTIFICATE OF SERVICE I, Ron Turo, Esquire hereby certify that I served a true and correct copy of the Answer to Complaint to Join Additional Defendant, upon Brett M. Woodburn, Esquire and Gregory J. Katshir, Esquire, by depocs?iting same in the United Stat s Mail, first class, postage pre-paid on the J ! day o ?k , 2006, from Carlisle, Pennsylvania, addressed as follows: Brett M. Woodburn, Esquire Caldwell and Kearns 3631 North Front Street Harrisburg, PA 17110-1533 Gregory J. Katshir, Esquire 900 Market Street Lemoyne, PA 17043 OFFICES Ron Turo, Esquire ` 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 Brett M. Woodburn, Esquire Attorney I.D. #81786 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Scott Feeler and Penny Feeser SCOTT FEESER and PENNY IN THE COURT OF COMMON PLEAS FEESER, Husband and Wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. : NO. 05-4904 KATKO INC., and JOSEPH CIVIL ACTION -LAW KATKOCIN, Defendants JURY TRIAL DEMANDED REPLY TO NEW MATTER AND NOW come the Plaintiffs, Scott Feeser and Penny Feeser, husband and wife, by and through their attorneys, Caldwell & Kearns, and file the within Reply to New Matter filed by Defendants Katko Inc. and Joseph Katkocin; and in support thereof, aver as follows: Plaintiffs incorporate by reference, as if set forth in full, the allegations set forth in their Second Amended Complaint. 59. Denied as stated. Defendant Katkocin was the owner of the property and Defendant Katko was the builder. 60. Admitted in part, denied in part. It is admitted that Plaintiffs Scott and Penny Feeser ("Plaintiffs") negotiated with Defendants Joseph Katkocin and Katko Inc. ("Defendants") to purchase a home that was being built by Defendants. The remaining averments in this paragraph are specifically denied, and strict proof thereof is demanded at time of trial. 61. Denied. By way of further answer, Defendants contracted to allow Plaintiffs to select the colors for the kitchen cupboards, carpets, flooring and countertops, etc. Strict proof to the contrary is demanded at time of trial. 62. Denied. By way of further answer, Defendants instructed Plaintiffs to visit Griffs Flooring, at which location Defendants met Plaintiffs. Defendants introduced Plaintiffs, following which Griffs Flooring identified samples of hardwood flooring that were included in the budget for this home. At no time did Plaintiffs identify a budget for Griffs Flooring. 63. Denied. By way of further answer, it is believed, and therefore averred, that Defendants communicated a budget for the flooring to Griff s. Plaintiffs, at Defendants' direction, met with Griff s Flooring to select the color. 64. Denied. To the contrary, Defendants specifically directed Plaintiffs to meet with Griffs Flooring to select the color for the flooring to be installed. 65. Denied. By way of further answer, Plaintiffs met with Griff s Flooring one time only, at which meeting Plaintiffs selected the color of flooring. By way of further answer, Plaintiffs did speak with Griff s Flooring after they identified a problem with the installation of the flooring, informed Defendants of the problem and were unable to resolve the problem with Defendants. 66. Denied. By way of further answer, Defendants specifically directed Plaintiffs to communicate with Griffs Flooring and to select the color of the flooring that Plaintiffs wished to have installed. By way of still further answer, Griffs Flooring identified for Plaintiffs the various colors and styles that were available within the budget for the house, which budget was not set by Plaintiffs. 67. Denied. Byway of further answer, Defendants specifically directed Plaintiffs to communicate with Griff s Flooring and to select the color of the flooring that Plaintiffs wished to have installed. By way of still further answer, Griff s Flooring identified for Plaintiffs the various colors and styles that were available within the budget for the house, which budget was not set by Plaintiffs. 68. Denied. The averments of this paragraph are comprised of conclusions of law to which no response is deemed necessary; same are hereby denied and strict proof thereof demanded at time of trial. By way of further answer, Defendants specifically directed Plaintiffs to communicate with Griff s Flooring and to select the color of the flooring that Plaintiffs wished to have installed. By way of still further answer, Griffis Flooring identified for Plaintiffs the various colors and styles that were available within the budget for the house, which budget was not set by Plaintiffs. 69. Denied. After reasonable investigation, Plaintiffs are without sufficient information to determine the truth or veracity of the averments of this paragraph, and the same are hereby denied with strict proof thereof demanded at time of trial. By way of further answer, Defendants specifically directed Plaintiffs to communicate with Griffis Flooring and to select the color of the flooring that Plaintiffs wished to have installed. By way of still further answer, Griffs Flooring identified for Plaintiffs the various colors and styles that were available within the budget for the house, which budget was not set by Plaintiffs. 70. Denied. The averments of this paragraph are comprised of conclusions of law to which no response is deemed necessary, and the same are hereby denied, with strict proof thereof demanded at time of trial. WHEREFORE, Plaintiffs Scott and Penny Feeser respectfully request that this Honorable Court dismiss the New Matter. Respectfully submitted, CALDWELL & KEARNS B'y: dburn, Esquire 4mey oo I.D. No. 81786 3631 North Front Street Dated: ?' 3 06 Harrisburg, PA 17110 (717) 232-7661 05-234/99306 VERIFICATION The undersigned, Scott and Penny Feeser, hereby verify that the facts set forth in the foregoing document are true and correct to the best of their knowledge, information and belief and further state that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ?ott Feeser Penny ee er CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the within document this ?("t? day of 1 i (?eo P) , 2006, on the following via facsimile and by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 CALDWELL & KEARNS 1 ? ;, -,; ?- ':?: -- ?. ,?r '; , ,:; ,, r, ?? SHERIFF'S RETURN - REGULAR CASE NO: 2005-04904 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEESER SCOTT ET AL VS KATKO INC WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT JOINING ADDL was served upon GRIFFIS FLOORING the ADD'TL DEFEND. , at 1609:00 HOURS, on the 23rd day of February , 2006 at 5205 SIMPSON FERRY ROAD MECHANICSBURG, PA 17050 by handing to CLIFTON GRIFF, ADULT IN CHARGE a true and attested copy of COMPLAINT JOINING ADDL together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 10.56 Postage .39 Surcharge 10.00 .00 38.95 Sworn and Subscribed to before me this )Y-day of n avv A. D. Prot o ar So Answers: R. Thomas Kline 02/24/2006 RON TURO Deputy Sheriff SCOTT FEESER & PENNY FEESER, Husband and Wife, Plaintiffs vs. KATCO, INC., & JOSEPH KATKOCIN, Defendants vs. GRIFF' S FLOORING, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4904 CIVIL ACTION -LAW vs. : DOUG LINDSEY t/d/b/a D & L HARDWOOD FLOORING, Second Additional Defendant : NOTICE TO PLEAD TO: Additional Defendant, GRIFF'S FLOORING You are hereby notified to file a written response to the enclosed Answer and New Matter of Second Additional Defendant within twenty (20) days from service hereof or a judgment may be entered against you. x ip6ot4oc". R. Mark Thomas, Esquire Attorney No. 41301 101 South Market Street Mechanicsburg, PA 17055 (717) 796-2100 Attorney for Second Additional Defendant v SCOTT FEESER & PENNY FEESER, Husband and Wife, Plaintiffs VS. KATCO, INC., & JOSEPH KATKOCIN, Defendants VS. GRIFF'S FLOORING, Additional Defendant VS. DOUG LINDSEY t/d/b/a D & L HARDWOOD FLOORING, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4904 CIVIL ACTION -LAW Second Additional Defendant : ANSWER OF SECOND ADDITIONAL DEFENDANT, DOUG LINDSEY t/d/b/a D & L HARDWOOD FLOORING, TO THE COMPLAINT TO JOIN SECOND ADDITIONAL DEFENDANT FILED BY ADDITIONAL DEFENDANT, GRIFFIS FLOORING AND NOW comes the Second Additional Defendant, DOUG LINDSEY t/d/b/a D & L HARDWOOD FLOORING, by and through its counsel, R. Mark Thomas, Esquire, and files this Answer to the Complaint to Join DOUG LINDSEY t/d/b/a D & L HARDWOOD FLOORING as a Second Additional Defendant, and answers as follows: 1. Denied. Second Additional Defendant is without sufficient knowledge, information or belief to either affirm or deny this allegation and, therefore, same is denied and strict proof thereof demanded at time of trial. 2. Denied. Second Additional Defendant is without sufficient knowledge, information or belief to either affirm or deny this allegation and, therefore, same is denied and strict proof thereof demanded at time of trial. 3. Denied. Second Additional Defendant is without sufficient knowledge, information or belief to either affirm or deny this allegation and, therefore, same is denied and strict proof thereof demanded at time of trial. 4. Admitted. 5. Admitted. b. Admitted only in so far as the record shows such a pleading, otherwise this allegation is denied. 7. Denied. Second Additional Defendant is without sufficient knowledge, information or belief to either affirm or deny this allegation and, therefore, same is denied and strict proof thereof demanded at time of trial. 8. Denied. Second Additional Defendant is without sufficient knowledge, information or belief to either affirm or deny this allegation and, therefore, same is denied and strict proof thereof demanded at time of trial. And further, Second Additional Defendant denies that any flooring installed by him was installed in an improper manner. With regard to the allegation that the flooring was defective, Second Additional Defendant denies any knowledge that the materials were in any way defective and strict proof thereof is demanded at time of trial. 9. Denied. Second Additional Defendant is without sufficient knowledge, information or belief to either affirm or deny this allegation and, therefore, same is denied and strict proof thereof demanded at time of trial. 10. Denied. Second Additional Defendant is without sufficient knowledge, information or belief to either affirm or deny this allegation and, therefore, same is denied and strict proof thereof demanded at time of trial. 11. Admitted only in so far as the complaint to join Additional Defendant, GRIFF'S FLOORING, is, in fact, a part of the record, otherwise this allegation is denied. 12. Admitted only in so far as Additional Defendant has now filed a complaint to join a Second Additional Defendant. Second Additional Defendant is without sufficient knowledge, information or belief to either affirm or deny that the attachments to the complaint joining Second Additional Defendant are true and correct copies of all pleadings filed in this matter. 13. Denied. While the first part of this allegation requires no response from the Second Additional Defendant, the Second Additional Defendant denies that any alleged defects complained of in any of the pleadings are attributable to the Second Additional Defendant and strict proof thereof is demanded at time of trial. 14. Denied. Second Additional Defendant is without sufficient knowledge, information or belief to either affirm or deny this allegation and, therefore, same is denied and strict proof thereof demanded at time of trial. 15. Admitted. 16. Denied. Second Additional Defendant, DOUG LINDSEY t/d/b/a D & L HARDWOOD FLOORING, installed hardwood flooring at 120 Stonehedge Drive, Carlisle, Cumberland County, Pennsylvania, pursuant to an agreement with Additional Defendant, GRIFF'S FLOORING, but denies that it was under the supervision and control of JOSEPH KATKOCIN and/or KATCO, INC. 17. Admitted in part. Denied in part. It is admitted that Second Additional Defendant, DOUG LINDSEY t/d/b/a D & L HARDWOOD FLOORING, was paid One Thousand Two Hundred Dollars ($1,200.00) by Additional Defendant, GRIFF'S FLOORING, but the remaining allegations contained within this paragraph are beyond the knowledge of Second Additional Defendant, DOUG LINDSEY t/d/b/a D & L HARDWOOD FLOORING, and, therefore, same are denied and strict proof thereof demanded at time of trial. 18. Denied. This allegation is a conclusion of law to which no responsive pleading is required and, therefore, same is denied and strict proof thereof demanded at time of trial. WHEREFORE, Second Additional Defendant, DOUG LINDSEY t/d/b/a D & L HARDWOOD FLOORING, prays that this Honorable Court will enter judgment in his favor and against Additional Defendant, GRIFF'S FLOORING, with regard to Additional Defendant's Complaint to Join Second Additional Defendant, DOUG LINDSEY t/d/b/a D & L HARDWOOD FLOORING. NEW MATTER 19. The answers set forth in paragraphs 1 through 18 of this Answer are incorporated herein as if set forth at length. 20. Additional Defendant, GRIFF' S FLOORING, engaged Second Additional Defendant, DOUG LINDSEY t/d/b/a D & L HARDWOOD FLOORING, to install hardwood flooring in two rooms located at 120 Stonehedge Drive, Carlisle, Cumberland County, Pennsylvania. 21. Additional Defendant, GRIFF'S FLOORING, supplied Second Additional Defendant, DOUG LINDSEY t/d/b/a D & L HARDWOOD FLOORING, with the hardwood flooring materials to be installed and Second Additional Defendant installed the flooring provided to it. 22. When Second Additional Defendant completed the installation of the hardwood flooring, there were no defects and/or large gaps in the joints of the hardwood flooring. 23. Approximately forty-five (45) days following Second Additional Defendant's completion of the installation of the hardwood flooring, the Additional Defendant paid Second Additional Defendant for the completed work. 24. From October 27, 2003, until April, 2006, Second Additional Defendant, DOUG LINDSEY t/d/b/a D & L HARDWOOD FLOORING, heard nothing concerning its installation of the hardwood flooring. 25. In April, 2006, Second Additional Defendant, DOUG LINDSEY t/d/b/a D & L HARDWOOD FLOORING, was served with the complaint to join it as a defendant and that is the first notice it had of any complaints concerning the work it had done at 120 Stonehedge Drive, Carlisle, Cumberland County, Pennsylvania, in September, 2003. 26. The complaint against Second Additional Defendant, DOUG LINDSEY t/d/b/a D & L HARDWOOD FLOORING, is barred by the applicable statute of limitations. 27. The complaint against Second Additional Defendant, DOUG LINDSEY t/d/b/a D & L HARDWOOD FLOORING, is barred by the doctrine of latches. WHEREFORE, Second Additional Defendant, DOUG LINDSEY t/d/b/a D & L HARDWOOD FLOORING, prays that this Honorable Court will enter judgment in favor of the Second Additional Defendant as against Plaintiffs as against all parties. Respectfully submitted, iAw'40"e R. Mark Thomas, Esquire Attorney ID# 41301 101 South Market Street Mechanicsburg, PA 17055 (717) 796-2100 Attorney for Second Additional Defendant VERIFICATION I, DOUG LINDSEY, hereby verify that the statements made in the foregoing Answer and New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. '9" i=- " DOUG L SEY DATED: Is- 67 - © 6 CERTIFICATE OF SERVICE I, R. Mark Thomas, Esquire, hereby certify that I have served a true and correct copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Mechanicsburg, Pennsylvania, First Class Postage pre-paid, addressed to: Gregory J. Katshir, Esquire 900 Market Street Lemoyne, PA 17043 Ron Turo, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Brett M. Woodburn, Esquire Caldwell and Kearns 3631 North Front Street Harrisburg, PA 17110-1533 DATED: R. Mark Thomas, Esq. c. N c',} C= C) -n - -Ti rn -c : Y ' LD t ? rrt c.n CD SCOTT FEESER & PENNY FEESER : IN THE COURT OF COMMON PLEAS OF Husband and Wife : CUMBERLAND COUN , PENNSYLVANIA Plaintiff VS. : NO. 05-4904 KATKO, Inc. & JOSEPH KATKOCIN : CIVIL ACTION - LAW Defendant VS. GRIFF'S FLOORING Additional Defendant VS. DOUG LINDSEY t/d/b/a D&L HARDWOOD FLOORING Additional Defendant AND NOW, comes the Additional Defendant, Clifton W. Griffiths, formerly t/d/b/a Griffs Flooring, by and through his attorney, Gregory J. Katshi$, Esquire, with the following Reply to New Matter as follows: 1. Paragraphs one through eighteen (1-18) of the Complaint Ito Join Second Additional Defendant are incorporated herein as if the sane were set forth in detail. 2. Paragraph twenty (20) is admitted. 3. Paragraph twenty-one (21) is denied. The hardwood was Katko. 4. Paragraph twenty-two (22) is denied. Additional information, knowledge or belief to either affirm or deny therefore the same is denied and strict proof thereof is trial. 5. Paragraph twenty-three (23) is admitted. 6. Paragraph twenty-four and twenty-five are denied. by Defendant is without sufficient allegation and at time of Additional Defendant Griffiths spoke directly to Doug Lindsey prior ?o April 2006 regarding the installation of the hardwood and informed him that pursue a civil action. 7. Paragraphs twenty-six and twenty-seven (26-270 conclusions of law to which no responsive pleadings are WHEREFORE, Additonal Defendant Griffiths requests enter judgment in his favor against all parties. Respectfully G Plaintiffs may to set forth Honorable Court to Gregory J{ Katshir, V E R I F I C A T I O N Gregory J. Katshir, Esquire, at orney for Additional Defendant, deposes and says, subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification o authorities, that he is duly authorized to make this Verification on behalf of said Additional Defendant; that the allegations) set forth in the foregoing pleading are true and correct o the best of his knowledge, information and belief based upon information supplied to him by the Additional Defendant and personal knowledge, information and belief; that the purpose of this Verification is to expedite the litigation and the Verific? i n of Additional Defendant will be supplied if demanded. Gregory J. Faf-hir, Esquire Attorney for A ditional Defendant c? a c -„ c y t` c+ till =v ,i_ - W ;lam fs C. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-04904 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEESER SCOTT ET AL VS KATKO INC 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 ADD'TL DEFEND. , to wit: LINDSEY DOUG T/D/B/A D&L HARDWOOD FLOORING but was unable to locate Him deputized the sheriff of JUNIATA serve the within COMPLAINT JOINING ADDL County, Pennsylvania, to On April 28th , 2006 , this office was in receipt of the attached return from JUNIATA Sheriff's Costs: Docketing Out of County Surcharge Dep Juniata Cc Postage 18.00 9.00 10.00 39.08 5.39 04/28/2006 GREGORY KATSHIR So answers, R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this day of ,p06o A.D. P on ary in his bailiwick. He therefore . I ;_1 . In The Court of Common Pleas of Cumberland County, Pennsylvania Scott Feeser et al VS Katco Inc et al VS Griff's Flooring vs. Doug Lindsey t/d/b/a D&L Hardwood Flooring No. 05-4904 civil Now, March 31, 2006 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Juniata County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. //. Sheriff of Cumberland County, PA Affidavit of Service Now, April 4 , 20 06 , at 3:30 o'clock P M. served the n? within- Notice & Complaint to Join an Additional Defendant upon Doug Lindsey tdba D&L Hardwood Flooring at RR 2, Box 504, Richfield, Juniata County, Pennsylvania by handing to Doug Lindsey, personally a true and attested copy of the original Notice & complaint and made known to him the contents thereof. So answers, Sheriff of Juniat County, PA COSTS Sworn and subscri bed for SERVICE $ 18.00 me this day of eY , 20o6 MILEAGE/postage 19.08 AFFIDAVIT 2.00 CHRISTINA S.SWARNER $ 39.08 DEPUTY PROTHONOTARY My Commission Expires REFUND $ 35.92 First Monday in Jan. 2008 -40 fw a s? vC. m z }4? 3 ( W j ? 1 r +? Brett M. Woodburn, Esquire Attorney I.D. #81786 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Scott Feeser and Penny Feeser SCOTT FEESER and PENNY FEESER, Husband and Wife, Plaintiffs vs. KATKO INC., and JOSEPH KATKOCIN, Defendants vs. GRIFF'S FLOORING, Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4904 CIVIL ACTION - LAW JURY TRIAL DEMANDED REPLY TO NEW MATTER FILED ON BEHALF OF ADDITIONAL DEFENDANT. GRIFF'S FLOORING SPECIALISTS INCORRECTLY NAMED AS GRIFF'S FLOORING AND NOW come the Plaintiffs, Scott Feeser and Penny Feeser, husband and wife, by and through their attorneys, Caldwell & Kearns, and file the within Reply to New Matter filed on behalf of Additional Defendant Griffis Flooring Specialists, improperly identified as Griff s Flooring; and in support thereof, aver as follows: Plaintiffs hereby incorporate by reference, as if set forth in full, all allegations and averments previously filed on their behalf. 18. Paragraph 18 does not contain a factual averment; therefore, no response is necessary. 19. Admitted in part, denied in part. It is admitted that Griff s Flooring was named as an Additional Defendant in this matter. The remaining averments are denied. Plaintiffs are without sufficient information to determine the truth or accuracy thereof, and the same are hereby denied. 20. Admitted, upon information and belief. - '- 21. Denied. Plaintiffs are without sufficient information to determine the truth or accuracy of the averments of this paragraph, and the same are hereby denied with strict proof thereof demanded at time of trial. By way of further answer, it is believed, and therefore averred, that Defendant at all times supervised the installation of hardwood flooring. 22. Denied. The averments of this paragraph are comprised of conclusions of law to which no response is deemed necessary, and strict proof thereof is demanded at time of trial. 23. Denied. The averments of this paragraph are specifically denied with strict proof thereof demanded at time of trial. By way of further answer, Plaintiffs deny Additional Defendant's characterization that Plaintiffs "frequently" used water on the hardwood flooring as Plaintiffs are unable to ascertain the basis for Additional Defendant's definition. 24. Denied. Plaintiffs are without sufficient information to determine the truth or accuracy of the averments of this paragraph, and the same are hereby denied, with strict proof thereof demanded at time of trial. Respectfully submitted, CALDWELL & KEARNS Dated: G /S?aG B . GcTc? ( (IrZ----, oodbum, Esquire Attorney I.D. No. 81786 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 05-234/100367 CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the within document this ?q day of JTu rJ e 2006, on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 Gregory J. Katshir, Esquire 900 Market Street Lemoyne, PA 17043 R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, PA 17055 CALDWELL & KEARNS By: r J ~ c-? n C. ?' .? C..,. 'T. Ti ' w,,. ,; , .,._ r C^ ??_ 1_?=ii `' f ?. C.. > .?? Brett M. Woodburn, Esquire Attorney I.D. #81786 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Scott Feeser and Penny Feeser SCOTT FEESER and PENNY FEESER, Husband and Wife, Plaintiffs vs. KATKO INC., and JOSEPH KATKOCIN, Defendants vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4904 : CIVIL ACTION -LAW JURY TRIAL DEMANDED GRIFF' S FLOORING, Additional Defendant vs. DOUG LINDSEY t/d/bla D&L HARDWOOD FLOORING, Additional Defendant PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Brett M. Woodburn, counsel for the Plaintiffs in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of Plaintiffs in the action is within Cumberland County arbitration limits, including costs, treble damages and attorney's fees. The counterclaim of the defendants in the action are unknown to Plaintiffs at this time, as no amounts have been pled to date. However it is worth noting that Defendant Katkocin has added third party defendants to this action. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Brett M. Woodburn, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Ron Turo, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Gregory J. Katshir 900 Market Street Lemoyne, PA 17043 R. Mark Thomas 101 South Market Street Mechanicsburg, PA 17055 Plaintiffs' Counsel has conferred with opposing counsel regarding the within Petition. Attorney Turo has not responded. Attorney Katshir has neither concurred nor denied concurrence to the within Petition. Attorney Thomas has concurred to the within Petition. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, CALDWELL & Brett . Woodburn, Esq. I.D. #81786 3631 North Front Street Harrisburg, PA 17110 Attorney for Plaintiffs 05-234/129911 N wry ?? ?'? ` ? rn Y Scott Feeser & Penny Feeser, Husband & Wife, Plaintiffs In The Court of Common Pleas of Cumberland County, Pennsylvania V. Katko, Inc. & Joseph Katkocin, Defendants V. No: 05-4904 Griff's Flooring, Additional Defendant V. Doug Lindsay, t/b/d/a D&L Hardwood Flooring, Additional Defendant Civil Action - Law PRAECIPE FOR WITHDRAWAL OF APPEARANCE Kindly withdraw my appearance on behalf of Katko, Inc., and Joseph Katkocin, Defendants in the above-captioned matter. -3/0 Date Ron Turo, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 717-245-9688 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Praecipe for Withdrawal of Appearance upon , by depositing same in the United States Mail, certified mail, on the Thirteenth day of May, 2008, from Carlisle, Pennsylvania, addressed as follows: Brent M. Woodburn, Esq. Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Robert G. Radebach, Esq. 912 North River Road Halifax, PA 17032 R. Mark Thomas, Esq. 101 South Market Street Mechanicsburg, PA 17055 Gregory J. Katshir, Esq. 900 Market Street Lemoyne, PA 17043 James D. Bogar, Esq. One West Main Street Shiremanstown, PA 17011 Respectfully Submitted, TU,RO lAMQFflGES Lorin And-96w Sn Turo Law/Office 28 South treet Carlisle, PA 17013 (717) 245-9688 Robert Radebach, Esquire 912 North River Road Halifax, PA 17032 717-896-2666 robradebachatty@aol.com Attorney for Katko, Inc and Joseph Katkocin IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V KATKO, INC. and JOSEPH KATKOCIN, Defendants V GRIFF'S FLOORING, Additional Defendant V DOUG LINDSAY, t/d/b/a D&L HARDWOOD FLOORING, Additional Defendant CIVIL ACTION - LAW NO. 05-4904 CIVIL TERM PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Katko, Inc. and Joseph Katkocin, Defendants in the action above captione Dated: May 7, 2008 Robert Radebach, Esquire 912 North River Road Halifax, PA 17032 717-896-2666 robradebachatty@aol.com Attorney for Katko, Inc and Joseph Katkocin IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOTT FEESER and PENNY FEESER, husband and wife Plaintiffs V KATKO, INC. and JOSEPH KATKOCIN, Defendants V GRIFF'S FLOORING, Additional Defendant V DOUG LINDSAY, t/d/b/a D&L HARDWOOD FLOORING, Additional Defendant CIVIL ACTION - LAW NO. 05-4904 CIVIL TERM PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the cross-claim filed by KATKO, INC and OSEPH KATKOCIN against GRIFF'S FLOORING, settled and discontinued. DATED: December 9, 2008 Robert G. Radebach, Esquire Attorney for KATKO, INC. and JOSEPH KATKOCIN b C71 -? Brett M. Woodburn, Esquire Attorney I.D. #81786 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Scott Feeser and Penny Feeser SCOTT FEESER and PENNY FEESER, Husband and Wife, Plaintiffs vs. KATKO INC., and JOSEPH KATKOCIN, Defendants VS. GRIFF' S FLOORING, Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4904 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO MARK SETTLED. DISCONTINUED AND WITHDRAWN TO THE PROTHONOTARY: Co4ory J. Katshir, Esquire 900 Market Street Lemoyne, PA 17043 (717) 763-8133 Dated: 1-13- p matter as settled, discontinued and withdrawn. CALDWLILL & KE S ett M. Woodburn, Esquire Attorney I.D. No. 81786 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, PA 17055 (717) 796-3600 05-234/141918 Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 (717) 896-266,q Gl r,^ ` `