HomeMy WebLinkAbout06-0481
Cl2 GROUP, LLC, a Pennsylvania
limited liability company
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. ()f.. - 4PI
(!.~O~C.IF~
Plaintiff
GERBER REALTY CORPORATION,
a Pennsylvania corporation
Defendant
CIVIL ACTION
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 obj ections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, P A 17013
(717) 249-3166
NOTlCIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siquientes, usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por
abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en
contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede
entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es
pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos
importantes para usted.
LlEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO IENE
ABOGADO 0 SI NO T1ENE El DINERO SUFICIENTE DE PAGAR TAL SERVICION,
VAYA EN PERSONA 0 UAME POR TElEFONO ALA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABA)O PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA lEGAL
CJ2 GROUP, LLC, a Pennsylvania
limited liability company
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. ()ls, - '-'PI
(!l~~J~fl-,
Plaintiff
GERBER REALTY CORPORATION,
a Pennsylvania corporation
Defendant
CIVIL ACTION
COMPLAINT
1. Plaintiff is a Pennsylvania limited liability company, duly registered and validly
existing in the Commonwealth of Pennsylvania.
2. Defendant is a Pennsylvania corporation, duly registered and validly existing in
the Commonwealth ofPennsyvlania.
3. Monday, December 19, 2005, Plaintiff and Defendant entered into an Agreement
of Sale for the sale and purchase of the property known as 1004-1006 Market
Street, Lemoyne, PA being Cumberland County tax parcel number: 12-21-0267-
318. A copy of the Agreement ofSa1e is attached hereto as Exhibit "A"
4. Said Agreement of Sale provided for settlement on or before 30 days from the
date of the Agreement is fully executed.
5. Plaintiff and Defendant, independent of legal counsel, mutually agreed to hold
closing on Monday, January 23,2006 at 3:00 p.m. in the office of Reager &
Adler, P.C. 2331 Market Street, Camp Hill, Pennsylvania.
6. On, Friday, December 23, 2005 at 9:30 a.m., Plaintiff and Defendant, independent
of legal counsel, viewed the apartments contained on the property at which time
Defendant verbally requested a possible 1-2 month extension of the closing date
as he needed to explore financial options relating to the sale of the investment
property.
7. On, Thursday, January 5,2006, Plaintiffs legal counsel's office received an
email message from Plaintiffreiterating that Defendant and Defendant's counsel
wanted to close on Monday, January 23,2006 in the afternoon.
CJ2 GROUP, LLC, a Pennsylvania
limited liability company
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. {)/,,-.(/8- {JuJ ~fL~
v.
GERBER REALTY CORPORATION,
a Pennsylvania corporation
Defendant
CIVIL ACTION
PRAECIPE FOR LIS PENDENS
TO THE PROTHONOTARY:
Please enter the above as a Lis Pendens against the premises known as 1004-1006
Market Street, Lemoyne, Cumberland County, Pennsylvania being tax known as tax parcel
number 12-21-0267-318.
I certify that this action involves the specific enforcement of an agreement to
purchase the above premises.
Date: Zt.f7 P/, /..AIo b
Respectfully submitted,
REAGER & ADLER, P.C.
~/
David W. Reager squire
Sup. Ct. ill # 20 68
Peter R. Wilson
Sup. Ct. ill # 87655
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011
(717) 763-1383 - phone
(717) 909-4939 - fax
EXHIBIT A
ALL THAT CERTAIN lot or piece ofland situate in the Borough of Lemoyne, Cumberland
County, Pennsylvania, more particularly bounded and described as follows to wit:
BEGINNING at a point on the southern side of Market Street two hundred (200) feet eastwardly
from the northwestern corner of the lot hereinafter mentioned and also two hundred (200) feet
eastwardly from the eastern line of the property ofL.B. Smith Motor Company; thence along the
southern side of Market Street in an eastwardly direction ninety (90) feet to a stake; thence at
right angles to Market Street in a southerly direction four hundred (400) feet to a stake; thence in
a line parallel with Market Street and in a westwardly direction ninety (90) feet to a point, which
point is two hundred (200) feet from the property of L.B. Smith Motor Company; thence in a line
at right angles with Market Street and parallel with the eastern line of the property ofL.B. Smith
Motor Company in a northerly direction four hundred (400) feet to a point, the place of
BEGINNING.
Being part of Lot No. 45 on the Plan of Rosene Farm, as laid out for the heirs of Caroline R.
Haldeman, deceased by G. Frank Wetzel, Master in Partition, at No.4 October Term 1935.
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8. On, Wednesday, January II, 2006, Plaintiffs legal counsel's office forwarded a
letter to Defendant's legal counsel Stephen C. Nude!, PC enclosing various
proposed documents relative to the sale and purchase of the real estate.
9. On, Tuesday, January 17, 2006, Plaintiffs counsel's office requested information
from Defendant's counsel concerning the environmental state of the property via a
letter faxed to Defendant's counsel.
10. On, Wednesday, January 18,2006, Plaintiffs counsel's office and Defendant's
counsel spoke concerning the requested information. Defendant's counsel
indicated he would be providing the requested information.
II. On, Friday, January 20,2006, Defendant's counsel responded with his comments
to the proposed documents and information concerning the environmental state of
the property.
12. On, Monday, January 23,2006, Plaintiffs counsel's office forwarded the
amended documents to Defendant's counsel for final review.
13. On, Monday, January 23,2006 at 2:40 p.m., Plaintiffs counsel's office received a
telephone call from Defendant's counsel indicating that his client would not be
attending closing as per the contract. Closing was to have taken place on or
before January 18, 2006 pursuant to the contract.
14. By Defendant's wrongful conduct in revoking his agreement with Plaintiffs,
Defendant's breached the contract. The Plaintiffs have suffered unique damages
for which no adequate remedy exists at law.
IS. All conditions precedent for the bringing of this action have occurred or have been
performed
WHEREFORE, the Plaintiffs request that the Court award them the following relief:
(a) Order the Defendant to perform specifically the Agreement ofSa1e
between the parties;
(b) Order Defendant to convey to Plaintiffs, marketable title, free and clear of
all encumbrances and in accordance with the terms as agreed to by
Plaintiff and Defendant in the Agreement of Sale dated December 19,
2005; and
(c) Order Defendant to sign, seal, acknowledge and deliver a deed to the
Plaintiffs in property legal form; and
(d) Award to Plaintiffs their costs; and
(e) Order such other relief as may be appropriate
Respectfully submitted,
REAGER & ADLER/.
--
Date: Clc,. I/. ""'I L- '-f I L..<.J 0 b
Davi W. Reage , Esquire
Sup. Ct. ill # 2 68
Peter R. Wilson
Sup. Ct. ill # 87655
Reager & Adler, P.c..
2331 Market Street
Camp Hill, P A 17011
(717)763-1383 - phone
(717) 909-4939 - fax
VERIFICATION
I, R. Christopher Zampogna, Member ofCJ2 Group, LLC verify that the averments of the
foregoing document are true and correct to my personal knowledge, information and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section
4904, relating to unsworn falsification to authorities.
CJ2 GROUP, LLC, a Pennsylvania limited liability
company
Date:
I/ZyIOc.
~7
By: ~(~
"t"p""~z'mp, ,M=b&
fJ,;h:+ ;4
. AGREEMENT FOR nm SALE OF COMMERCIAL REAL ESTATE'
rhi< fnnn w'omn1~lldec1 Rnd npproveo for, but nDl re~trjcled Illlt~C by, the nll:lllbCI'S oflho PennsyJ.-~nin A~ll)Ciation ofREAV,ORS@(PAR).
. AlS-C
SELLER'S nusViEss R:ELArrONSHIP WrnI Pf LICENSED BROKER.
BROKER (Cumtll'.!\Y) c-,., ~f'\4t~ ~nr&A P.. .1.:tJ., PHONE
ADDRESS . FAX -
nROKER IS nm AGENT FOR SELLER. Dcsigllated A.genf(~) fQrSeller, if applicable:
OR
Ilrol{er i.~ NOT t1lf. Agent (or Sellef and i.l a/lll1: 0 AGENT Fan-BUYER 0 TRANSACTION LICENSEE
Bt!YER'S nUSyjESS REL.A TIO~SHIJ>'%.ITH 1t~lCENSED BROKEn
I.."J~K-. Clu.,....re.l~ PlIaNE
FAX
nnOKrm (Com[ll'.lIY)
ADDRESS
BROKER IS 'l'IlE AGENT FOR DUYER. De~ignllted Agent(s) for Buyer, lfapplicnble:
OR
BrollH is NOT the Agent for Duyer and I~ alan: 0 AGENT FOR SELLER 0 SUBAGENT FOR SELLER 0 TRANSACTION LICENSEE
When the same BroIler Is Agent fllr Sell~r And Agent fllr Buytr, B~k~r is ~ Dnal Agent. AI! Ilf Brokcr's 1ie~nsees He nl~O DUll Ajl:Cllts UNl.ESS
!h~l"f n]"~ ~r.Jlnrnlf Dcsignafed Ag~l\ts for Buyr_r nnd Sener.lUlle same Llcell~ee i~ rlellignatr.d forSdlr_l' )rnd Uuy~r, the LieelUre is II DUrl1 Agent.
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1. TillS AGREEMENT, d,t,d o...e...n.f"A I;'; "'1
SELLER(S): Grt..... O...ft. 0" ~ Oil--;.. ~tn..G'.
,callecl "Seller," llnd
o?t>e> ~
is between
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2. PROPERTY. Selic!' hereby :lgrecs to sell and cOnvey to .Buyer, who hereby.ngrees to purchase:
ALL THAT CERTAIN lot 01' pieee of ground with buildiilg~ Rnd Improvements thereon erected, if any, known !IS:
\c-014 - \C:::C>C- ~...\Y\(',..o'F4- ~
JlUYER(S),
,called "Buyer."
County of
f)
4i-
_00/'121
U.S.Dollar~
3. TERMS (10-0J.)
(A) Purchase Price <::.
whit_h will be pnid to Seller by Buyer as fellows:
(1) Cash or check at signing this Agreement: A-9o
(2) Cash or check with ill "4 days oflh!! execution of this Agreement:
(3)
(4)
(5) Cash, cashier's or certified check at time of settlement
$
$
$
$
$
tOTAL $
uniess otherwise statedbere.
~\l",=
(.0) Deposits paid 011 account of purchase price to be beld by Broker for Seller,
(C) Seller's written npproval Oil or before:
CD) Settlement to be on '.:::wu>.. ^-^...~..n ~U...,r.n.
(F) COnV('.YllUCe fTom Seller will be by fee simple deed of special
,orb-eforeifBuyerand SeJleragree.
warranty unless otherwise staled here:
(F) Payment of transfer laxes will be divided equally between Buyer and Seller unless otheJ'\vise stated here:
(0) AI: time of settlement, Ihe following will be adjusted pr(1~rata on II daily basis between Buyer /lod Seller, reimburSing whenl flppJicabJc:
taxes (see Notices and Information. Regardi.ng Tax Proration); rent;; intere5t on mortgage assumpticns; conGominium fees, if any;
water and/of sewer fees, if any; togethe1' with !IllY other lienable municipal service. TIle charges are to be pro-rated for the period(s)
covered: Selk.r will pay up to and including the date of settlement; Buyer will pay for all days following settlement, unless otherwise
stated here:
(I-I) Buyer slwll reimburse Seller for the actual eosts of Ilny remaining heating, cooking or other fuels stored on the Property at the time of
setllement,unlcss otherwise stated here:
4. FIXTURES AND PERSONAL PROPERTY (1-00)
(A) INCLUDED in this snle.nnd purchase prlce are all existing items permanently installed in the Property, free of liens, including
pl\lrnbh)g; HV AC equipment; lighting fixtm-es (inc1mling chandeliers and ceiling fans); and water treatment systems, unless otherwise
stated below, Also included:
(B) LEASED items:
(C) EXCLUDED fixtmes l\ud items:
5, SPECIAL-CLAUSES:
(A) The foll('l\~il\g l'se l1?o.rt 'Gf thi" Agreement if checked:
o
o
(13) SPECIAL PROVISIONS (IF ANY):
o
o
.."'."..~
AfS-C Page 1 of 6
sellerInjtials:~
(1] Pennsylvania Asaol;;latlon of COI'YRlGIITrENNSYLVAmAASSOCJATIONOIrREALTOnS(!J2001
WS.. ~~~~~:?.~~:~....oft"'''"'' 10m
L~lldmark COlnmercial Rr.;J1!j-' Inc. 20 Brford Rd, Suite 215, LcmoYM PA ]7043
PllOlle: 717'73 J 1900 Pax: 7177318765 Land!uark Commercial Realty, In T3B9299112FX
PrDrh.'&od wll~ ZII'Form'" hy RE F<lltnoNel, Llc 10025 Filleon Mila Rand, CljnlonTo''IT1shlp, Mlohlgan 40(135, (~OO) 383-9005
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6. POSSESSIO~ (5-01)
(1\.) Possession is to be delivered by deed. keys \lnd: .
\. Pl1Ysical possession to vacant Property free of debris, with all structures broom clean, lit day and tIme: of settlement UNLESS
otherwise stated here: > AND/OR
2. Assignment of existing Icase(s), together with nny security deposits and interest, at time of settlement, if PfO?erty is lellsed?t the
execution of this Agreement orunl~s otherwise specified here:
Bl1Yel" wm I\ckncw\edge exisl:il'13 \ellsc(s) by initialing said h;.ase(s) at time of signing this Agreement If Property 1s ]ea~ed.
(B) Seller will not enter into any new lenses, written e>..'tension of existing leases, if any, or additional lenses for the Property without
written consent of the Buyer.
7. DATES/TIME IS OF THE ESSENCE (5-01)
(A) The said date for settlement and all other dates and times referred to for the performance of any nfth~ obligations of this Agreement
flrc lJerehy agreed to be of the essence of this Agreement.
(B) FOI' the purposes of this Agreement, lmmber of days will be counted from the dnte of execution, by excluding the day this Agreemenl
WAS ex,eculed and including the last day of the timeperiod.
(C) The dnte of setilemcnt is not cxtended by illlY other provision of this Agreement and m1ty only be exteJlded hy written agreement of tile
parties.
,. '1"1 ANCING CONTINGENCY (5-01)
. WAIVED. This sale is NOT contingent on financing.
ELECTED
(A) This sale is contingent upon Buyer obtaining filW.llclng as folbws:
1. Amotmt of loon $
2. Minimum Term
3, Typeoflonn
4. BUYl:r agrl:es to accept the interest rllte as may be committed by the lender, not to exceed a maximum interest rnte of
%.
(8) Within 10 days of the exec.ution ofthis Agreement, Buyer will make a completed, written application to n responsible lender according
to the terms above. The Brokel' for Buyer, if any, otherwise the Brolter for Sellel" is authorized to communicate with the lender
for tile flurposu of Msisting 1.1\ the loan prot.ess,
(C) 1. Upon receipt ofa financing commitment, Bnyer will promptly deliver It copy oftl1e commitment Ie Seller.
2, Financing commitment date . Unless
otherwise agreed to in writing by Buyer aud Seller, if a written commitment is not rect:ived by Seller by the nb(lve date, all deposit
monies paid on lI.CCount of purchase price will be returned pmmpUy to Buyer nl1dthis Agreement wi1lbe YOID. Buyer will be
responsible for flny premiums for mechanics lien insurance flnd/or title search, or fee for cancellation. of same, if an)'; AND/OR
flny premiums for flood insurance and/or fire insurance with extended coverage, insurance binder charges OJ cancellation fee. if
any; AND/OR any appraisal fees flnd c.harges paid in adVAnce to lender.
9. ZONING Cl.ASSIFICATION (5-01)
Failure ofthjs Agreement to contalll the zoning classifiCAtion (except in cases where the prOperty {and each parcel thereof, if subdividable}
is zoned solely or prilflnrily to permit single-family dwellings) will tender this Agreement voidable nt the option of the Buyer, !tlld, (f
voided, any deposits tetldered by the Buyer will be re/.urned to the Buyer withOlll any requirement for court a-:tion.
Zoning Clnssification:
10. ~II.lING CQNTlNGENCY (5-01)
.~ WANED
.0 ELECTED, Within days of the execution of this Agreement by all parties, Buyor will verify iliat the proposed use o[t11e
?roflertyas IS permitted, In the event the propased use is not permitted, Duyer will, within the time
giVCll for vcrifiention, notify SeUer in writing that tbe proposed use ofllie Property is not permitted and Buyer will (check only one):
o Option 1. Within Ole time for verifying the zon(ng classification, notify Seller, in writing, ofBuyer'~ <ieciskm \.0 p[eece,! witb
the purchase of the Property or terminate tho Agreement. Should Buyer eject to terminate the Agreement all deposit mOf-lIes paic!
on flccOlmt ofpnrchase price will be returned promptly to Buyer and this-Agreement will be VOID. Failure ofDuyer tQ provide
written notice of Buyer'S decision wiu eonstlulte a WAIVE.R t>f this t.ontingellC)' anti Buyer lIccepts t}le Property and
Ilgree,~ to the RELEASE set forth in pnragrnph ZS oftllis Agreement.
o Option 2, Make application for approval (or vnriancelnon-conformingllselconditionaI use/special c~xccption)from
(municipality) to use the Property 1\S
years
(prnposedusc),
(A) Such application will be made on or before
(D) Buyel' will pay for applications, 1eg<1\ fees, engineering and any other cost associated with obtaining approval.
(C) lfthe municipality requires the: application to be signed by the current owner, Seller agrees to do so.
(D) If a fmal, unappenlable ap1wovl11 is not ohtainecl by
monies paid on account nfpurchase price will be returned promptly to Bl1yer and tl1is Agreement will be YOID.
STATUS OF WATER (SROI)
...Se\jf:r represents that tilis Property IS served by:
.I8: Public wflter
o On~site wnter
o Community Water
o None
o
Seller further worr:mts thnl, this SYStetll(S) is/are fully paid for as ofthe execution date ofthis Agreement.
STATUS OF SEWEH. (5-01)
~er represents that Property is served by:
~ PublicSewcr
o CommU11ity SewO-geDisposa[ System
o Off-Property Sewage Disposal System
o Individulll On-Lot Sewage Disposal System (See Sewage Notice 1)
o ltldividual On-Let Scwage DisjjOsal System in Proximity to Well (See Sewage Notice 1; see Sewage Notice 4, if applicable)
o Tell-ncre Permit Exemption (see Sewage Notice 2)
o Holding Tank (See Sewage Notice 3)
o None(SeeSewagcNotke J)
o None AVfliJable (See Sewage Notice 5 or Sewage Notice 6, as applicahle)
o
Seller further Wllrrm1t~ that this system(s) is/flJ"e fnlly paid for ns of the datl'.: of this Agreement
PROPERTY DEFECTS DISCLOSURE (10-01)
(A) Seller I:eilrc-sentll and warrants tnllt St.ller has no knowledge except. as 110tecl in "this Agreemen~ that: (1) The premises have been
contaminated by any substance in any manner whicll requirt:S remediation; (2) The Property contains wetlands, flood plains, or any
other environmentally scnsitivl: areas, development of which is limited or precluded by law; (3) The Property contains asbestos,
pQlychlorinatetl biphenyls, lead-based paint cr nny other .substance, the removal or disposal of whiCh is subject to mlY Inw or
regulation; and.4) y law has been violated in Ihe handling or disposing of any material or waste or the r1iscbllrge of lmy material
into the soil. a. nter, or groundwater.
,ail deposit
Dn,ycl" l11itial.~:
A/S-C Page 2 of 6
SCllel"lt1iHi1.IS:~
Pfod~cedv~lh ZlpForm'" by RE Fn'msNot, LLC 1fl02S FlIleen Mae Road, Clinlon TCN.'1I5hip Midllgan 400:;8, (800) 3l1J.9110S
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(B) Seller ll11d Buyer acknowledge that nny Broker identified in this Agreement: (1) Is a licensed real estate broker; ,(2) Is ijotan expel.t in
construction, engille:ering, or environmental matters; and (3) Has not made and will 110t make any representations or warranties nor
conduct investigations of the enviromnental condilion or suitability of the Property or lUlY El.djaeent property, including but not limited
tll thosc conditions listed in paragraph 13(A).
(C) Seller rlgrecs to indemnify 1\lld to hold Broker harmless from and against aU claims, demands, or liabilities, including attorneys fees and
court costs, which arise from or are related to the environmental condition or suitability of the Property prior to, during, 01' after Seller's
occupation of the Propl:lrty induding without limitation llny condition listed in paragraph 13(A).
(D) The provisions oftllis Section will survive the performance of this Agreement.
NOTICES & ASSESSMENTS (5-01)
(A) Seller represents fL~ of Seller's execution of this Agreement, that no public. improvement, condominium or owner nssociation
assessments have been made against the Property whieh remain unpaid and tlmt no notice by lmy government OJ' public authority has
been .~eJ'ved upon Seller or anyone on Sellers bebalf, including notices reJatingto violations of zoning, tousing, building, sEfety Qrore
ordinances which remaju uncorrected, and that Seller knows of no condition that would constitute violation of IIny sllch ordinances
which remains uncorreded, unless otherwise specified here:
(B) Sellcl. knows of no otller potential notices (including violations) and assessments exeept 8S follows:
(C) AllY notice of improvements or assessments received on or before the date of Sellcr's acceptnn,;e of this Agreement, unless
improvements consist of sewer or water lines not in use, shall be the responsibility of Sellcr; any notices rcce-.ived thereafter shall bc tbe
respOJlsihility of the Buyer.
(D) Tf required by law, Seller will deliver to Buyer, 011 or before settlement, a certification from the llpproprillte municipal depllftment or
dep~rtmenls disclosing notice of any uncorrected violation ofzonillg, building, safety, or fire ordinances
(E) Buyer is advised that access tn a public road may require issuance of a highway occupflncy permit from the Depnrtmellt of
Transportation.
TITLE, SURVEYS AND COSTS (1-00)
(A) The property is to be conveyed free and clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER thc following:
existing deed restrictions, historic preservation restrictions or ordinances, building restrictio11S, ordinances, casements of roads.
easements visible UpOll the ground, easements of record, privileges 01' rights of public servIce companies, lands use restrictions
pUl'stlant to property enrollment in a preferential tax program if any; otherwise the title to [he above de:icribed real estate will be good
and marketable and such as will be iusured by a reputable Title Insl1mnce Company at tl1e regular rateR.
(B) In the evcut the Seller is unabl.e to give n good and marketable title and such as will be insured by a reputable Title lmmrnnce Company
at the regulm' I'fites, as sjlccified in paragraph 15(A), Buyer will have the option of: (l) Taking such title as Seller can give, with no
change to the selling price; or (2) Being repaid all monies paid by Buyer to Seller on account ofpurehllsc price and being rcimllllrscd
by Seller for any costs incurred by Buyer for those items specified in paragraph 15(C) and in pnrngrnph 15(0) items (1),(2), (3), in
which CfL~e there will he no furlher liability or obligation on either ofllie parties hereto and this Agreement will become VOID.
(C) Any surveyor ,urveys whicll may be required by the Title Insurance Company or the abstracting attorney, for the preparation of an
adequtlte legal description of the Properly (or the correction thereof), will be secured and paid for by Seller. However, any surveyor
,urvcys desired hy Btlycr or rcquired by the mortgage lender will be secured and paid for by Buyer.
(D) Dllyel' will pay for the following: (1) Title search, title insurance and/or mechanics lien insurnnce 01' 11.:e for cancellation of same, if
any; (2) Flood insurance, fire insurance with extended coverage, mine subsidence insurance, nod cllneellation fees, if any; (3) Apprllisal
fc.es alld charges paid in ndvance to mortgagc lender, ifany; (4) Buyer's custol11ary seltlement costs and accruals,
16. fAL NOTICE
NOT APPLICABLE
APPLICABLE. THIS DOCUMENT MA Y NOT SELL, CONVEY, TRANSFER, lNCLUDE OR INSURE Tl-IB TITLE TO THE COAL AND
RIGHTS OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REfERRED TO HERETN, AND THE OWNER OR OWNERS
OF SUCH COAL MAY HAVB THE COMPLETE LEGAL RIGHT TO REMOVE ALL SUCH COAL AND IN THAT CONNECTION, DAMAGE
MAY RESULT TO nm SURFACE Of THE LAND AND ANY HOUSE, BUlLDTNa OR OTI-lER STRUCTURE ON OR IN SUCH LAND. (TlJis
notice is set forth in the rnrmner provided in Section I of the Act of July 17, J957, P.L. 984.) "Buyer ackno\vledges tnat he may not be
obtaining the right ofprotectiol1 against subsidence resulting from coal mining operations, and tl18t the properly described herein may
be protected from damage due to mille subsidcnce by a private contract with the owners of the economic interests in the coal. This
a~kno\Vledgement is made for the purpose of complying with the provisions of Section 14 of the Bituminous Mine Subsidence and the
Land Cot1St',l'vntion Act of April 27, 1966," Buyer agrees to sign the deed from SelicI' which dccd will eontnin the aforesai.1 provision.
n. -r. DEFERRED EXC1IANGE (10-01)
NOT APPLICABLE
APPLICABLE. In the event Seller wishes to enter into rl defer~cd cxc1llmge rOl' the Property pursuant to Section 1031 of lI1C Internal
Rcvenue Code, Duyer agrees 'to cooperllte with Seller in connection with such exchange, including the execution of such documents [L~
may be reasonably nece~snry to conduct the exchange, provided that there shall be.no delay in the agreed-to settlement date, and that
any additional costs associatcd witb the exchange are paid solely by Seller, Buyer is aware that Seller anticipates assigning its interest
in this Agreement to n third party under an Exchange Agreement and ('loes hereby consent to such assignment. Buyer shall not be
obligated to t1Ike title to any propcrly other than the Property described ill this Agreement. Seller shall indemnify IInd hold harmless
Buyel' ngainst any liability which arises 01' is claimed to have arisen from flny aspect of the exchange transaction.
18'lMMERCIAL CONDOMINIUM (lO~OI)
NOT APPLICABLE
APPLICABLE. Buyer acknowledges [hat the condominium unit to be transferred by the terms of this Agreement is intended for
nonresidential use, nnd the Buyer may agree to modify or wnivc the applicability of certain provisions of the Uniform Condominium
Act of Penn sylva Ilia (M Pa. C.S. 93101 el. seq.).
RECORDING (5-01) This Agreemcnt will not be recorded ill the Office ofthe Recorder of De cds or in any other office Of place of pHblic
record. If Duyer causes or permits this Agreemenl to be recorded, Seller may eject to treat such acl a.~ a breach of this Agreement.
ASSIGNMENT (3-85) This Agreement will be bindillg upon the parties, their respective heirs, persolllll representatives, guardians and
succcssors, and, to thc extent assignable, on the assigns of the parties hereto. It is expressly understood, h.lwever, that the Buycr will not
transfer or assign this Agreement without the written consent of the Seller.
DEPOSIT AND RECOVERY FUND (1-00)
(A) Deposits paid by Buyer within 30 days of scttlement will be by cash, cashier's or certified check. Deposits, regardless of the fOrm of
paymcnt and t.he persoll designated liS payee, will be paid in U.S, Dollars to Broker or party identified in paragraph 3(B), wilo will
rctain them in nil cscrow account until consummation or termination of this Agrecment in conformity with all applicable IflWS and
I'egulntio!l.<;. Any uncashed eheck tendered as deposit may be h6ld pending the acceptance of this offer.
(D) In the eve.nt of 11 di.<;pnte over entitlement to deposit monies, a broker holding the deposit is required by the Rules and Regulations of
tlle StMe Real Estate Commission (49 Pa. Code ~35.327) to retain tbe monies in escrow until the dispute is resolved. In the event of
litigation for the return of deposit monies, a broker will distribute the monies as directed by a final order of court or the writtcn
ngreement of the parties. Buyer and Seller agree that, in the event any brokeI' or afftlia.ted licensee is joined in litigation for the return of
depositmonics, lhe attorneys fees and costs oftbe broker(s) and licensce(s) will be paid by the party joining them,
(C) A Real Estate Recovery FUlld exisL~ to reimburse Ilny persons who have obtained a final civil judgment against a Pennsylvania real
est.1t/:: licensee owing lo fraud, misrepresentntion, Or deceit in a real estate transaction and who has bec~, unable to collect the. judgment
after exhausting nlllegnl and cquitnble remedies. For complete details about the Fund, call (717) 783-3658, or (800) 822-2113 (within
pennsylvania) nnd (71 7) 783-4854 (out~ide Pennsylvania).
B"Y"'IOit;'h'~ AlS-C Pago3 Of6. SeIlOl' 10iHal" p-
ProduGOo with ZlpForm'" by RE Forrn.Net, LtC 18025 F,lIo~n Milo Road. CI,nlM Townsh" MI<;hlgan 4803B, (BOa) 311S.1111()5 'nR~998zFX
U. .l\fAINTENANCE A.i.'lD RISK OF LOSS (S-Ol)
(A) Sellcr willll1aintain the Property, mJd any personal property specified herein, in its present condition, normaJ wear and teat etpccted.
(13) Seller will promptly nOlify the Buyer if, at any time prior 10 the time of settlement, all or any portion of the PrDj)Cl'ty h dcstmycd, or
dam;lgetl as a result of uny cause whatsoever.
(C) Seller will bear risk of loss [rom fire or 0ther causes lmtil time of settlement In the event that daJrulge to noy property included in this
sale i:1 not t'cpnircd or replaced prior to settlement, Buyer will !\t\.ve th.e option of relici.nding this Agreement and receiving all monies
paid on accotlOt or of accepting the Property in its thell condition together with the proceeds of any ~llsurance recovel)' obtained by
Seller. Buyel' is herehy notified Ibllt he/she mny insure his/her equitable interest in this Property as of the time this Agree.me.nt i"
\\ccej)ted
23. COl\TJ)EMNATION (5-0])
SeHer has no knowledge of any current 01' pending oondemnntioll or eminent damO-tn proceedings that would affect the Properly. If l1.ny
portion of the Property should be subject to condemnation or eminent domaiu proceedings nUerthe signing oftbj,~ Agreement, Seller sha]1
immediately advise Buyer, in writing, of sueh proceedings. Buyer shall have the option to terminate this Agreement by providing written
notice to Seller within fifteen (l5) da.ys after Buyer Jeffi'M of the filing of such proceedings, in which case Seller shn]1 return ta Buyer all
money paid all nccount of the purchase price by Buyer. Duyer's failure to proYlde notice of termination within the time stated will
constitute a WAIVER of this contingcncy and :1.11 other terms of this Agl'cement remain in full force and effect.
24. WAIVER OF CONTINCENC1F.S (1-00)
In the eyent tbis Agreement is contingent 011 B1JYer's right to inspect and/or rtpnir the Property, Buyer's failurc to cxercise nny ofDuyer's
options specified in the contingency provision(s) within the time Ilmits will c.ar.stitute a WAIVER of that contingency :unl Buyer
flccept~ the Property and agrees to thc RELEASE set forth In paragraph 25 of this Agreement.
25. RELEASE (.1-00) Buycl' hereby releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES,
EMPLOYEES, :llld any OFFlCER or PARTNER of allY one of them anti nny other PERSON, FffiM, or CORPORATION who
Illay be [inuIe hy or through tllem, from any llnd all c1nims, losses or deillands, including, but not limited to, personnl injtlries nntl
property damRg~1 nnd all of the r.onseqnellces thereof, whether now known or not, which may arise fr<lID the pre-sent.c \)f termite,') or
fJt\1~r wood-horing insects, I'll don, lend-based pllint hnzards, environmentnl hnzllrds, any defects in the individual on-lot sewage
llisposal systcm or deficicnr.ies in the olHite wat~r sel'vice system, or any defects or conditions on tile Pl'operty. This release wiIl
surVive scltlclUl'.nt.
26. REPRESENTATIONS (5-01)
(A.) Buyer understands that any representations, claims, advertising. pmmolional activities, brochures or plarls of any kind made by Scller,
Brokers, t\\eir licensees, employecs, officers, or partners are not (\ part of this Agreement unless expressly incorporated or stated in this
Agreement. It is further l1!l(Lerstood that this Agreement contains the whole agreement between Seller and Buyer and there llre no olhei'
terms, obligations, covenants, l'Cpre..~entatlons, statements or conditiom. oral or otnerw\se of an)' kiml whatsaever concerning tl\is ,<;ale,
Furthermore, this Agreement will not be altered, llmended, changed 01' modified except ill writing executed by the parties.
(B) It is nnderstood t111lt Buyer IUIB inspected the Property before signing this Agreement (inCluding fixturcs and Jlny personnl
property specifically seheduted {H~rein), 01' hall mivl':u the right to do so, nnd has agreed to purchllse it in its present condition
unlc.~s otherwise stated ill this Agreement. Boyer lIdmowlcdgcs that Broken, their licensees, employees, off1ecrs or pllrtncrs
llllve not mnde l1n inckpendcllt examinntion or determination of the .~tructllr111 soundness of the Property, tIle age or condition
of the components, ellvironmeutnl conditions, the permitted uses, or of conditions existing in the locllle where all Property i.~
situated; not' have they made 1I11lechanical inspection of any of the systems contllillcd therein.
(C) Broker(s) mny perform services to assistl10represented putties in complying wit\} the terms nfthis Agreement.
(D) The headings, captions, and line numbers in this Agreement are mellnt ollly to make it ensier to tind the paragraphs.
27. DEFAULT (1-00)
Shoutd Buyer:
(A) Fail to mak~ any additional paymenls as specified in pnragmph 3; OR
(0) Furnish false or incomplete information to Seller, Broker for Seller, Broker for Bllyer, Ct the lender, if m~)" cOnctmillg the Buyer's
legal or fll1ilnclal status, or fail to cooperate in the processing of the loan flpplication, which nets WOllld result in U1C f;lilUtc to obtain the
approval ofa loan commitment; OR
(C) Violate or faillo fulfill and perform (llW other tenus or contlitiol1S of this Agreement;
thell in such ense, Seller has the option of retaining all sllms paid by Buyer, including the deposit monies, 1) on account of purcl1flse
price., OJ' 2) as monjr.g 10 be applied to Seller's damages, or 3) as liquidated damages for such breach, as Seller may e!eCl, (lOle5S
0thel'wisee\)ccketl bel()w.
o Seller is limitcd to retaining slims ]Jllid by Buyer, including deposit monies, as liquidated damages.
If S~jJcr eJects to retain all sums paid by Buyer, including deposit monies, as liquidated dllffinges, "'B\lYCl" find Sellet will be released
from furtllcr liability or obligation and this Agreement will be VOID.
28. CERTIFICATION OF NON-FOREIGN INTEREST (10-01)
o SelIcI' IS a foreign pel':;on, fordgn eorpO\(\tiol'\, foreign partncnhip, foreign trust, or foreign estate subject to Section ]445 of toe
fntel'llnl Revenue Code, which provides that II transferee (Buyer) of a U.S. rea! property interest must wiU\hold tax if th~ trnn,o;feror
\.-/(Seller) is a foreign person.
).'X( Seller is NOT a foreign person, foreign corporation, foreign partnership, foreign trost, or foreign estate as defined by thc Internal
, Revenue Code, or is otherwise not subject to We tax withholding requirements of Section 1445 of the Intern1't1 Revenue Code. To
iflfofm Buyer that the withholding of tax is not requited \lj:lOn the sl\\eldispositi.on of the Property by Seller, Seller hereby ngrees to
furnish Buyer, at 01' before clo.~ing, with the fallowing:
o An affidavit stilting, under penalty of perjury, the Seller's U.S. taxpayer identification number and l:hat the Seller is not fl foreign
\lers(\\\. .
o A "quillifying stateme:nl," as defined by stntlllc, that tax withholding is not required by Buyer.
o Other'
Selkr llllocrstands that flny documentation provided under this provision may be disclosed to the Internal R(:venue SerVice by Buyer, and
that ~lY false statements contained therein could result in punishment by fine, imprisonment, or both.
21). ARBITRATION OF DISPUTES (1-00) Buyer and Seller o.gree. to arbitrnte I'.n)' olsp\l.te between them that cannot be i"lmicable resolvecl,
After written demand for arbitration by either Buyer or Seller, each pmty will Select a competent and disinterested arbitrator. The twO so
selccted will select a tbird. If selectiun of the third arbitrator CHnnot beagreed upon within 30 dllYS, eitlJer pa::ty mny request that selection
be made by a judge {If a CO\lrt of record in 'Ibe county in w'nicll arbitration IS pending. Eaeb party will pay its chusen <trbilra(oJ', and bear
cqually ey.pcnses for the third and all other expenses of arbitration. Arbitration will be conducted in accordance with the provisions of
Pennsylvania Common Law Arbitl-ntjon 42 Pa. C.S.A S734l el. seq. This agreement to !\rbitmte disp\ltcs arismg from this Agreement
will survive settlement.
3(l. BROKER INDEMNIFICAT[QN (10-01)
Buyer and Seller repre..~eut that the only Brokers invo-\ved in \his transaction are:
-"Jil-
235
23G
231
238
239
2~0
211
212
24J
24<
2>1-5
2<16
241
248
219
250
251
252
253
2.'\<1
255
256
257
258
259
260
261
262
263
2M
265
266
267
268
269
270
271
272
273
274
275
276
277
278
27[)
2W
281
282
283
2R<1
285
286
2R7
288
289
290
29)
292
293
294
295
2%
297
29R
299
300
30]
302
303
:104
305
306
307
30R
309
310
311
312
3D
314
JI5
3]6
317
and that the transaction hns not been brought about through the efforts of anyone other thlln snid Brokers. It i5 ngreed tllll.t if nny claims fOl"
brDkera~e commissions or fees al'e evc:r made against Buyer or Seller in connectioll with this transaction, cac11 party shan pay its own legnl
fees and costs in connection with such clnims. It is further agreed that Buyer and Seller agree to indemnify ilnd hold harmless ench other and
the nbovc~listcd Brokers from nnd against the non-performance of this Agreement by e~tncr party, and from (111)1 claim of loss Dr claim for
brokemge commissions, including all legal fees and costs, that may be made by nny persoll or entity. This paragraph slmll survive
settlement.
..~''''.,.~ ~n.."" "e'"',', _ ~
P'OOucod with ZipFcrm1" by RE FOHl1sNet. LLC 18025 FI!laM MI!e Ro~d, C!i~OTl Township Mlch<O'n ~ao38, (eOOI3!1;HlOOS Tl8!n9~i.Zr-X
318 ~l.
319
320 32.
321
322
121
32'1
325 33.
:Q!i
327
J2i\
329
330
331
337.
333
334
335
336
337
338
339
340
341
31\2
JtlJ
344
3<1-5
346
:'H7
3tlS
349
350
351
352 Wl'fNESS/ATTEST
353
m
355
356
357
3511
359 MTNESS/ATTE.")T
360
361
362
363
364
365
361i
3m
368
369
370
371
372
373
374
375
J7(j
J77
m
379
380
381
JS2
383 WITNESS/ATTEST
3801
385
3&6
387
38B
389
390 WITNESS/A1TE,ST
391
392
393
39<1
395
GOVElINING LAW (In-nl) .
T~lis Agreemeont shall be constrllC:d and interpreted in r.ccQrdance with 111e laws of the Commonwealth ofPennsylvanj,'l.
NOTICE BEFORE SIGNING (5-01)
Buyer ,lIld Seller acknowledge that Brokers IlltVe advised them to consult and retain experts concerning the legal and tax effects of this
Agreement and the completion of the sale, as well as the condition and/or legality of the Property, induding, but not limited to, the
Pro!)('.\'l'7'S improvements, equipment, soil, tCllMcies, title and environmental aspects. Return by facsimile transmission (FAX) of this
Agreement, Bnd all ~ddenda, bearing the signatures ora.l! parties, constitutes acceptance of this Agreement.
NOTICE
All notice requirements under the ptovisions of this Agreement or by application of statutory or common law will be addressed to the
appropriate pM!)', al the f1ddresses listed below via any means of delivery as mutlml1y agreed upon by the pflrties and stated here:
Ifl.oSellcr:
With a copy to:
TftoBuya:
Wilhacopyto:
~ Dnyer has received the Consumer Notice as adopted by the Stllte Real F..st.ate Commission lit 49 PlI. Code 935.336.
o Bu)'er hilS receiVed a statement of Buyer's estimated dOSing costs before signIng this Agreement.
o Buyer has received the Deposit Money Notiee (for cooperlltive sales when Broker for Seller is holding deposit mopey) before
signing thi~ Agreement.
IlUYER(S) NAME
Mailing Adctrcss
Phone#s
E-Mail
\t.\ \~\( (/K
,"-1,.,/ r
,Buyer :Jcknowledge.~ 1', 'ir
WJTNESS/A TTEST
ofl";'A''''m'"tott'''nm'or.~~4
DATE
ssrnfl
FAXiI
DATE
ssrn'lf
FAXfI
DATE
SSJTI#
FAXIi
BUYER
BUYER(S) NAME
Mailing Address
Phone#s
E-Mail
BUYER
ntJYER(S) NAME
Mailing Addres$ -<-..J..
Phonefls
E-Mail
N Seller has received tllt COllsumer Notice as adopted by the State Real Estate Commission at 49Pa. Code ~35,336.
o Sellel. has received a statement ofScller's estimllted closing costs before signing. dlts Agrect\\cnt
VOLUNTlu:tY TRANSFER OF CORPORATE ASSETS (if applicnble): The undersigned acknowledges that Ile/she is authorized by the
Boord of Directors (0 sign this Agreement 011 behalf (If <;he SeHer corporation find that this sale does 110t constitute a sale, leMe, or
exchllllge of nil or substantially a he property and assets of the corpomtion. such as would require tile a'Llthorization or consent of the
shareholders pursuaotto 15 p.s 3 \~~?
SELLER'SACCEPTAN !Ibovecontract!hiS(d~' \. \ -~l'''S. . .
WITNESS/ATTEST SELLER __. E...l- ~ATE /"-//4/e,s-'
~ "'~ KCl.......\1\c...rt-.
SSrrI11
SF.LLER(S) NAME
MaiHllgAddress
Phone!is
E.Mllil
FAX#
DATE
ssrfl#
FAX#
DATE
SS(rI#
FAX/!
SELLER
SELLER(S) NA,.'\1E
Mwmng Adtlres'5
Phonc#s
E.Mail
SELLER
S.ELLER(S) NAME
MaiUngAddress
Phone-l/:;
E-Mail
,vS~C Page 5 of 6
PrndllrAld "'1111 ZlpFnrm'" by RE FcrmsNel, LLC le025 FI!IMI1 Mile R~~d, Clinlon Town.Mil' Mkhl~an 48036. (eOO) 3B3-ae05
TJ3929PUFX
3% NOTICES AND INFORMATION
397
398 INFORMATION REGARDING TAX PRORATION
399
400 POI' p\Jrpo~es of prorating renl estnte taxes, the "periods covered~ by the 1!IX bills are as follows: for all counties nnd municipali:ies in
401 Pennsyivania, and for the Philadelphia, PittslJ\lrgh, and Scranton school districts, the trrx bills are for the period January] to December J1. For
402 aU other school districts, the period covered by the tax bill is July 1 to Jun\': 30.
40J
404 SEWAGE NOTICES
"J5 NOTICES PURSUANT TO TIlE PENNSYLVANIA SEWAGE FACILITmS ACT
'"
407 NOTICE 1: THERE IS NO CURRE1\"TLY EXISTING COMMUNITY SEWAGE SYSTEM A V AILADLE FOR TIlE SUBJECT
40R PROPERTY. Section 7 of the Pennsylvania Sewage Facilities Act provides that no person shall install, construct, request bid
409 proposnls for construction, alter, repair or occupy any building or structure for which fill individual sewage system is to be
410 installw, without first obtl'lining a permit. Buyer is advised by ihis notice that, beforo signing this Agreement of Sale, Buyer
411 should contact the local agency charged with administering the Act to determine the procedure flnd requirement.'! for obtaining
412 fl permit fOl' an individmll sewage system. Tlle local agency chflTged with ndminL~lcring the Act will be the municipality where
4] 1 the Property is located nr that municipality working coopemtive1y with others.
414
415 NOTICE 2: THIS PROPERTY IS SERVICED BY AN INDlVIDUAL SEWAGE SYSTEM INSTALLED UNDER THE
4)(; TEN-ACRE PERMIT EXEMPTION PROVISIONS OF SECTION.7 OF THE PENNSYLVANIA SEWAGE
4.17 FACILITIES ACT, (Section 7 provides that a permit may not be required be:fore installing, constructing, awarding
'llS a contract for construction, altering, repniring or connecting to an individual sewage system where a ten.acre parcel or
419 lot is subdivided from a parent tmct ancl' January 10, 1987.) Buyer is advised that soils and site testing \Vel.e 110t
420 conducted and tlla.t, should the system malfunction, the owner of the Property or properties serviced by the system at the
121 time of a malfunction may be held liable for any contamination, pollution, public health hazard or nuisance which occurs
422 f1S a. result,
42J
42/1 NOTICE 3: TInS PROPERTY IS SERVICED BY A BOLDING TANK (pERl\fANENT OR TEMPORARY) TO WHICH
U5 SEWAGE IS CONVEYED BY A WATER CARRYING SYSTEM AND WHICH IS DESIGNED AND
'126 CONSTRUcrED TO FACILITATE ULTIMATE DISPOSAL OF THE SEWAGE AT ANOTHER SITE.
427 Pursuant to the Pennsylv;tni;t Sewage Facilities Act, Seller must provide a history of the nnnual cost of m1:illtaining the
428 tank from the date of its insta.!lalioll or December 14,1995, whichever is In.ter.
429
<130 NOTICE 4: AN INDIVIDUAL SEWAGE SYSTEM HAS BEEN INSTALLED AT AN ISOLATION DISTANCE FROM A
i13J WELL THAT IS LESS mAN THE DISTANCE SPECIFIED DY REGULATION. The regulations at 25 Pa.
432 Code !i73.J3 pertaining to minimum horizontal isolation distances provide guidllllce. Suhsection (11) of !i73.13 states
i133 that the minimum horizontal isolation distance between ml il1dividl\a1 water supply or water supply system sllction line
43,1 and treatment tanks sh~ll be 50 feet. SUbscL'tion (c) of P3.13 states that the horizontal it.olfltion distance between the
1\35 individual water sllpply or water supply system suction line !lnd tbe perimeter of the absorption area
436 shall be IOOfeet.
437
<138 NOTICE 5: TIDS LOT LS WITIIIN AN AREA IN WHICH PERMIT LIMITATIONS ARE TN EFFECf AND IS SUBJECT TO
4)9 THOSE LIMITATIONS. SEWAGE FACILITIES ARE NOT AVAILABLE FOR THIS LOT AND CONSTRUcnON
440 OF A STRUCTURE TO BE SERVED BY SEWAGE FACILITIES MAY NOT BEGIN UNTIL THE MUNICIPALITY
411 COMPLETES A MAJOR PLANNING REQUlREJ\lENT PURSUANT TO THE PENNSYLVANIA SEWAGE
4<12 FACIUTIES ACT AND REGULATIONS PROMULGATED THEREUNDER.
4<13
Hi! NOTICE G: A REQUIRED REVISION FOR NEW LAND DEVELOPMENT, OR AN EXCEPTION TO THE REQUIREMENT
ti1-5 TO REVISE, OR A REQUIRED SUPPLEMENT HAS NOT BEEN APPROVED FOR THIS LOT. SEWAGE
<1<1-6 FACILITIES ARE NOT AVAIlABLE FOR TIllS LOT AND SEWAGE FACILITIES WILL NOT BE AVAILABLE,
447 NOR M.!\.Y CONSTRUCTION BEGTN UNTIL SEWAGE FAcn...ITIES PLANNING HAS BEEN APPROVED
4i1-R PURSUANT TO TIIE PENNSYLVANIA SEWAGE FACILITIES ACT AND REGULATIONS PROMULGATED
449 THEREUNDER.
"0
451 EXPERTISE OF REAL ESTATE AGENTS
452
tl53 Pennsylvania Real Estate Agents are required to be licensed by the Commonwealth ofPennsylvnnifl find fIrc obligated to disclose adverse
454 factors about a property that aro reasonably apparel'lt to someone with expertise in the marketing of real property.
4.'i5 (A) If Buyer wanls information regnrding specific conditions or components of the property whicJl Ill'e outside the Agent's expertise, the
456 advice oHhe appropriate professional should be sought.
457 (n) If Buyer wants financial, legal, or any other advice, Buyer is encouraged to seck the services of an accountant, lawyer, or other
458 appffipriateprofcssionnl.
459
460 COMMUNICATIONS WITH BUYER ANDfOR SELLER
Mil
462 Wherever this Agreement containS!l provision that requires or <lllows communicationfdelivery to the Buyel., said provision shall be satisfied
463 by eommunicntion/ddivery to the Broker for Buyer, if any. If tliere is no Broker for Btlyer, all SHch provisions muy be satisfied only by
464 commllokationfdelivcry being made directly to the Buyer, unless otherwise agreed to by the parties.
465
'lGG Wherever this Agreement contains a provision that requires or allows comrnunicationfdelivery to the Buyer, said provision shall be satisfied
467 by commullicntion/ddivelY to the Broker for Seller, if any. If there is no Broker for Seller, all such provisions may be sntisfiecl only by
468 comm\mieation/delivelY being made directly to the SeUer, unless otherwise agreed to by the parties.
A/S-C Pllge60f6
rrCiI"c~d wil11 7.ipForm'~ IlY RE FQfm~Nel, LLC 13025 Fin.en Mile Rood, C[:nlon Township Midilgan ~W3a.IBOO) 38J-9B1JS
T1S92998.ZPX
5B. Special Provisions (Continued):
This agreement is expressly contingent upon the following tenns and conditions being met or waived or
this agreement shalJ become null and void and the deposit together with interest shall be returned to the
BUYER and neither BUYER or SELLER shall have any further obligation to the other. Each condition
will be deemed to have been satisfied by settlement or the otherwise indicated dates unless BUYER
notifies SELLER or SELLER'S agent to the contrary in writing on or before the indicated date:
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CJ2 GROUP, LLC, a Pennsylvania
limited liability company
Plaintiff
v.
GERBER REALTY CORPORATION,
a Pennsylvania corporation
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 06-481
CIVIL ACTION
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
prejudice.
Please mark the above-captioned matter as settled and discontinued with
Date: -2./(1 D lolp
Respectfully submitted,
REAGER & ADLER, P.C.
\ ~
~R. Wilson
Sup. Ct. ill # 87655
2331 Market Street
Camp Hill, P A 17011
(717) 763-1383
Attorneys for Plaintiff
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