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HomeMy WebLinkAbout06-4122W % COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMONPLEASNo. 06-4122 CIVIL TGERM 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 Dis- trict Justice on the date and in the case mentioned below. AMG. DIET NO.OR N-3E- OF DO.J.v NAME OF APPELl? AP)&' wh(Tr yaC 11' I JV-L ADDRESS OF APPELLANT 1 CITY STATE ZIP CODE atasq LD P-041) M&W56ax PA o DATE OF JUUD??GIA -y? /? IN THE CASE OF (P AINTIFF) (DEFENDANn D0 10&XIES F vs '1 Q{ IVAdc-e CV-11, CLAIM NO. k rt^?( CV YEAR S UJWTO ORNEY OR AGENT LT YEAR _. r This block will be signed ONLY when this notation is required under PA. if appellant wa laimant (see PA R.C.13.J.12 L) R.C.P.J.P. No. 10088. This notice of Appeal, when received by the District Justice, will operate as action before district Justice, he A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days alter filing his NOTICE of APPEAL. UAWIY a 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.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon L .JJAQ-L6Y-jaA h X 6ATk appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. 06-4122 C I V I Lwithin twenty (20) days after s __ rule or s try o rnt of non pros. Signs of appellant or his attorney or agent RULE: To C0'?A 6 eA*+tn' 1 , appellee(s) Name of appellees) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) It you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: JULY 20, Year 2006 oSn , of Proth of White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Proth. - 76 PtQF NOTIG?!Is?P?AL.A1bU6Q, (This proof of service MUST BE FILED WITHIN TEN (16) DAYS AFTER (fling the notice of wilceble boxes) COMWNWEAL.T.H OF PENNSYLVANIA COUNTY OF ; as AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, Common Plan No. . upon th`e? District Justice designated therein on (date of service) , year. Oby personal service 0by (certified) (registered) mail, sender's receipt attached hereto; and upon the appelles, (name. , on year ? by personal service ? by (otrtlNad) (reW6,eM mail, senders receipt aaaolted hereto. F and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appelles(s) to whom the Rule was addressed on ,year fi, 4-?4by peraorfal service Oby (cerfied) (registered) mail, senders receipt attached hereto. ' SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ,YEAR S01aawa Of orwtial balm whoa aff davk was made Trle Of aad4 My commission expires on , year SWW" dAMVM N n [ C il CD MMONWEALTH OF PENNSYLVANIA r_nl wTV nF CUMBERLAND MW Name' Hon. THOMAS A. PLACEY Address: 104. S SPORTING HILL RD MECHANICSBURG, PA Telephone .(717) 761-8230 17050 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS rGRAHAM, CHARL39B & BLAINE 946 CLAYBANM ROAD WEST JEFFERSON, NC 28694 L vs. DEFENDANT: NAME and ADDRESS rVENCIL, MICHAEL SCOTT, ET AL. 2254 OLD HOLLOW ROAD MECHANICSBURG, PA 17055 J 7 MICHAEL S. VEMCIL L J 2254 OLD HOLLOW ROAD Docket No.: CV-0000134-06 URCHANICOBURG, PA 17055 Date Filed: 3/09/06 THIS IS TO NOTIFY YOU THAT: T;:+ludgment: , ZQR-PLAINTIFF, tiE Q Judgment was entered for: (Name) n>QAyaw, Crivr.Wg s WT,gTwe Fz1 Judgment was entered against: (Name)_ vrnTZ, 'rANOT rams in the amount of $ ri#i 24 _ ae on ? Defendants are jointly and severally liable. ? Dainages.wilt be assessed on: ? 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) IS120/et (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs Cert fled Judgment. Total ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAY FTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL OiTH THE PROTHONOTARY/CILERK*F THE D+b Ir OFCOMMdN PLEAS, CIVIL DIVISION. Y01 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 PROCESSMAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS.IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date Ma st rial District-.Judge I certify that this is a true add correct copy of the record of the p(oceedings contailaing the judgment. ZD Date /mot Matjisterial District Judge My commission expires first Monday of January, 2010. 5AU+ AOPC 315-05 DATE PRINTED: 6/20/06 2:04:.42 PM 04 N? G U? ?t kA .T' F r_.. C? T - ? I ^;l l -j J O 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 the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTYOF 00M GL12,Q4AJQD ; ss AFFIDAVIT: I hereby swear or affirm that I served R7 a copy of the Notice of Appeal, Common Pleas No. 0(0 Y ) eaZ- , upon the District Justice designated therein on J?`J (date of service) 3 O LH e* (o year 000(o , Q by personal service [Z]by Qg&-jPregiatered) meil, senders receipt attached hereto, and upon the appellee, (name (_. N A Q to J J Cf Q(0 -year o0060 . ? by personal service Y-Ar ((registered) mail, senders receipt attached hereto. on and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on J ULN .2(o , year JOOP, []by personal service Oby tjEjed registered) mail, senders receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 01(0 DAY OF ZkAN YEAR 01M(0 syuereal~b eve aadavaMelmade ?r.?esral (?e&L-jz(- roe of~ My commission expires on 013 , year C ? 1 . COMMONAEA W-H .T OF P NN V Notarial Seal Rachel Zeltmam, Notary Pudic Hampden Twp., Curnterla d County srgaseaeaAmad Member, Pennsylvania Association or Nofetbee COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Alt, JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMONPLEASNO. 06-4122 CIVIL TGERM 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 Dis- trict Justice on the date and in the case mentioned below. MAG. DIST. NO. OR NAME OF D.J. ADDRESS OF APPELLANT CITY 'Rasq 161-o kao4d R DATE OF JUDGM IN THE CASE OF (PLAINTIFF) (p t?0 O Lgus } ,N CLAIM NO. - O CV YEAR LT YEAR This block will be signed ONLY when this notation is required under PA. \ R.C.P.J.P. No. 10088. This notice 0 Appeal, when received by the District Justice, will operate as A SUPERS EAS to the Judgment for possession in this case. a ry a bvwtn" De" 7-,-')-UT STATE ZIP CODE vs. MCA UJ.t - 01 v 1 G(?j Ilappellantwas /aimant (see PA R.C.P.J.P. N8'tB action before district Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. { PRAECIPE TO ENTER RULE TO PILE Q4WfA10LAIr4l APIU nuLc i V rn c (This section .f form to be used ONLY when appellant was DEPENDANT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USE , detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon t R-f >S 4-0-1a INX G Q A}'M appellee(s), to file a complaint in this appeal Nam of appelles(s) (Common Pleas No. 06-4122 CIVI)rwfthin twenty (20) days after s rule or su try of 1 nt of non pros. s gn of appellant o h s attorney or agent RULE: ToiC1 4-6Zf1t? 6eA?AlYI ,appellee(s) Name of appellees) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED A&IN&T YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. , Date: JULY 20, Year 2006 p ?y Signature of Piro White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy - Pink - Appellee Copy Proth. - 76 Gold - D. J. Copy ghh0 05 0 CHARLES M. GRAHAM and ELAINE B. GRAHAM, Plaintiffs NO. 06-4122 CIVIL TERM VS. MICHAEL SCOTT VENCIL and NANCY WHITE VENCIL, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA 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 GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. FEE. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 Saidis, Flower & Lindsay IS ' ? FLOWER WERR & L04DSAY 26 Wut High Stteet Culisle, PA Date: n i 7 r ?20 06 Iran C. Caffrey, Esquire Attorney ID #42667 26 West High Street Carlisle, Pennsylvania 17013 Phone: 717.243.6222 Fax: 717.243.6510 Attorney for Plaintiffs CHARLES M. GRAHAM and ELAINE B. GRAHAM, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-4122 CIVIL TERM JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs are adult individuals who reside at 946 Claybank Road, VS. MICHAEL SCOTT VENCIL and NANCY WHITE VENCIL, Defendants West Jefferson, NC 28694. Defendants are adult individuals who reside at 2254 Old Hollow Road, Mechanicsburg, Cumberland County, PA 17055. Plaintiffs and Defendants are parties to written agreement, dated August 18, 2005 (the "Agreement"), for the sale by Plaintiffs and purchase by Defendants of real estate situated at 1 Cumberland Estates Drive, Silver Spring Township, Cumberland County, PA (the "property"). A true and correct copy of the Agreement is attached hereto as Exhibit "A." 4. The Agreement originally called for settlement to occur on or before SAIDIS, FLOWM LINDSAY 26 West High Street Carlisle, PA December 2, 2005. 5. The parties extended the deadline for settlement to December 9, 2005 in a written amendment to their Agreement, a copy of which is attached hereto as Exhibit "B. 6. Defendants made a deposit of $5,000.00 on the property that is the subject of the Agreement. Pursuant to paragraph 21 of the Agreement, the deposit was held, and continues to be held in escrow by ERA Jack Gaughen Realtor, agent for the Plaintiffs. COUNTI 8. Paragraphs 1-7 set forth above are incorporated herein. 9. Within the day or two prior to the settlement deadline of December 9, 2005, Defendant Nancy White Vencil advised Plaintiffs' agent that the Defendants would not settle on December 9, 2005 in accordance with the parties' Agreement. 10. Despite being advised that refusing to settle on December 9, 2005 would put the Defendants in breach of the Agreement, and despite being advised on December 9, 2005 by Plaintiffs' agent that Plaintiffs were ready, willing and able to settle, Nancy White Vencil reiterated on December 9, 2005 that Defendants did not want the property and would not settle. 11. As of December 9, 2005, Plaintiffs had performed all obligations and satisfied all conditions on their part to be performed and/or satisfied under the parties' Agreement. 12. Defendants' failure and refusal to settle by the settlement deadline of SAIDIS, FLOWM &L ANDS" 26 West High Street Carlisle. PA December 9, 2005 constitutes a breach of the Agreement. 13. Paragraph 27 of the Agreement authorizes Plaintiffs to retain all sums paid by Defendants, including deposit monies, in the event of buyer's breach. 2 WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants in the amount of $5,000.00, plus all applicable interest and costs, and an order that ERA Jack R. Gaughen Realtor may disburse the $5,000.00 it holds in escrow to Plaintiffs. COUNT II 14. Paragraphs 1-13 set forth above are incorporated herein. 15. On or about December 5, 2005, Defendants, without the authorization or permission of the Plaintiffs, and in spite of the fact that the property was connected to the municipal water supply, had a well dug on the property. 16. The unauthorized digging of the well disturbed the ground on the property considerably. 17. The sum of $795.00 was paid to repair the damage to the lawn and grounds on the property that resulted from Defendants' unauthorized digging of the well. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants in the amount of $795.00, plus all applicable interest and costs. Respectfully submitted, Saidis, Flower & Lindsay I U r By: Date SAIDIS, FLOWER & Brian C. Caffrey, Esquire LENDSAY Attorney ID #42667 26 West High street 26 West High Street Carlisle, PA Carlisle, Pennsylvania 17013 Phone: 717.243.6222 Attorney for Plaintiffs PUG-6.2006 12:54P FROM: VERIFICATION I hereby 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 statements herein are subject to the penalties of IS Pa.C.S A. Section 4904 relating to unswom falsification to authorities. Date: e . _ D L -°? oo w i 3 Charles M. Graham tlti?-? Datel/ S f NCO QQ L,?eJ Q CLLI.ty? Elaine A Graham CERTIFICATE OF SERVICE I hereby certify that on August J-11 2006 I served a copy of the foregoing Complaint on counsel of record for the Defendants, Shane Kope, Esquire, by first-class U.S. Mail addressed to his office at 4660 Trindle Road, Suite 201, Camp Hill, PA 17011. SAII)IS, FLOWER & LINDSAY 26 West High Stt Carlisle, PA STAND ?T' AGREEMENT FOR THE SALF ? PEAL ESTATE A/5-2K "n fi#m rdenmmrndc. cd tor, ha not 1CHunul d N use by, du: munl a of be Pcr _r,vn swedon of R13ALTORSO (PAR,. BROKER PHONE RAV BROKER(Comp•9ADDRESS l rn?-`-?'•" ?'?' 77°' v BROKER IS THE AGENT FOR 5ELLER/Designated. Agent(s) for Selle, OR Broker is NOT the Agent for Seller and Is alan; ? AGENT FOR BAYER 2 a 4 9 9 x a B 10 n 12 13 A 1s 16 17 is is 20 21 22 21 26 25 20 27 21 29 39 31 31 33 36 35 36 37 as 39 46 41 42 43 u 45 46 47 46 49 Se 51 52 9 A 6 B 7 P 9 if applicable: ? TRANSACTION LICENSED BUYER' ES ELA IO S WrM PA LICENSED BROKER BROKER(CompanY) ? ? ' `rd? PHONE -- ADDRESS 34/ r?P_,f'?/ P 4C FAX 7G /-- /-s? 4?!._~ BROKER IS THE AGENT FOR BUYER. Designated Agent(s) for Buyer, if applicable: -..?? OR Broker )s NOT the Agent ror Brayer and is elan: EI-VOF14T FOR SELLER ? SIBIAGENT FOR SELLER. ? TRANSACTION LICENSEE 1 When the some Broker is Agent for Seller and Agent for Buyer, Broker is a Dual Agent All of Broker's Hanes; in also Dual Agents UNLESS there an separate Designated Agents for Buyer a?n'jd Seller. If the same Llccnece Is designated for Seller and Buyer, the Limusn• Is a Dual Agent- I. rQ(g (QiCCtTICrit dated a yaSf- /-8' ,, - is between t SELLER(S): Eie 1.Ore P 4Afm`! - ---? ----- a called ,Saner,', and 4 BUYFR(S) /lr /1-4:-L- (?7-r- rA??Z•s I ! rG? )I.?a,Lf 4? _ 5 6 ailed "Buyed' 7 2. PROPERTY (1,98) Seller hereby agrees to sell and convey to Buyer, who hereby agras to purchase: s ALL THAT CERTAIN lot or ieee of ground with b Idin and )repro ents thereon erect f any knolyn as: s - e (?',/ u - I(K?r??4J ?SLlU Is in the /Dc?A?C / of --9111 County of ? in the Commonwealth of Pennsylvania, Zipa, Zip Code 12 Identification (e.g., Tax ID #; Parcel #; Lot, Block; Deed Book, Page, Recording Date) 13 N 3. TERMS (1-He Price r GL4?Lh. /Vl eel %/t1GtJSArT ??-v'?1•-R?{d'E??iZU (A).,Purchas Price wD s U.S. Dollars 17 which will be paid to Seller by Buyer as follows: 1s 1. Cash or check at signing this Agreement: $ _K-/7 V. to 2. Caah Or check within -days of the execution of this Agreement: $ _ za 3 S 21 4. Cash, cashier's or certified check at time of aeulemcnt $ *2 /y 22 TOTAL $ _2XI rr ?Z 23 (B) Deposits paid'; an account of purchase price to be held by Broker for Seller, unless otherwise stated hem: 24 (C) Seller's written approval to be on or before: 25 26 (D) Settlement to be on -.or before if Buyer and Seller agree T7 (E) Conveyance from Seller will be by fee simple decd of special warranty uolaa otherwise stated here: 28 29 (F) Payment of trpnsfer taxes will be divided equally between Buyer and Seller unless otherwise stated here: td 31 (G) Airline, of settlement, the following will be adjusted pro-ruta'on i daily basin ltolwcci Boyer and Seller, reimbursing where applicable: taxes 32 (%cc Information Regarding Tax Proration); mica; interest on mortgage assumptions; condominium fees and homeowner asexialion fees, if 33 any; water and/or sewer fees. if any, together with any other )iatudde municipal service: The charges are to be pm-ratcd 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 stated as - here: 36 s, FIXTURES &PERSONALPROPERTY (1,00) .. - ,.. .. ar 39 (A) INCLUDED in this sale and purchase price me all existing iterts,perromently installed in thc.Property, free of liens, incllu'ing Plumbing;'. as heating; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spi equipment;.garap: door openers 40 and ttunsmincre; television antennas; shrubbery, plantings and unpotmd beer any remaining heating and cooking fuels stored on the 41 Property at the time of aetdcrucnt; wall to wall carpeting; window covering hardwam, spade s and h " de: built-in. aiceonditioners; built-in 42 appliances; and the{angelqvan unless otherwise cited. Also included; U-Vd _ 4 .„??. 'D)<Ae l atG l 1 _ .,._ _) _ I , -- -- ? ?l _7 / ? ??' ?LIl 3G. 43 (B) LEASED items (not owned by Seller); - - I (C) EXCLUDED fixtures and items: 5' OATESMME IS OF THE ESSENCE (1-07) .? (A) The said date for aeulement and all other dales and times refereed to for the performance of any of the obligations of this Agreement are agreed to be of the essence of this Agreement and we binding. I (B) For the purposes of this Agreement, number of days will be counted from. the date of execution, by excluding the day this Agreement wee executed and including the last day of the time period, (C) The date of settlement is not extended by any other provision of this AgreemenNand may only be extended by mutual w,itmn agreement of the pane.;. j (D) Certain time p dr are pre-prints in t Agreement as a convenience to the Buyer and Seller. An and may t" Any pm-printed time periods ere negotiable y y atrfkin ur pre-printed tut and inserting a different time period acceptable to all parties- Bhytr Initials: AJ&2K Palle 1 of 8 /t Seller Initiate: 141 ~ ay1Y a katlon of COPYRrGr4TPENNSYLYAMA ASSOCIATION OF RUXTORSO 2001 ® REALTORS' era =jt1m TMww ra dsdw•Orwsr 44 45 46 41 b 4a So 61 52 53 54 55 56 ,17 56 59 se, 60 6. MORTCAGE cONTIN(GENC? 'x02) f it s , 0 ylrf(IVED, ibis sale is N0, r jot on mortgage financing- 62 61 m 67 j. LECfED a3 (A) Thin pale is contingent upon Buyer obtaipir/g t}IOrtBagp financing as follows: 54 At 1. Amount of mortgage loan.$p(.?Jr ?12a m 65 2- Minimum Term joli r ye?rts / 55 66 3. Type of maitgage Lr?IA+ R-C-r1ao 67 67 It. interest rate 9b; however, Buyer agreor an accept the interest rate as may he committed by the martg:sge lender, not to 66 86 exceed a maximum invest rate of G , _0%. 69 5. Discount points, loan origination, loan placement and other free charged by the lender if nolaKE1ified of the mlmgafe loan (excluding is 76 any mortgage insurance premiums or VA funding (ee) not to exceed i Per ) 71 71 The interest rate and fees provisions required by Buyer are satisfied if a mortgage lender makes available in Buyer the right to guarantee an 72 interest rate at or below the Maximum Interest Race specified herein with the pcmaruagc fees at m below the amount specified herein. Buyer 72 72 gives Seller the right. at Scllcr's sole option and an pemdtted. by the mortgage lender and applicable laws, to contribute financially, without t_4 74 promise of tdmbursement, to the Buyer andfor the mortgage lender to make the above terms available to Buyer. 76 (B) Within _ DAYS (10 days if not specified) of the execution of this Agreement, Buyer will make a completed, written matg application 75 76 for the mortgage terms specified above to a riaponsiblt mortgage lender. The Broker far Buyer, if ally, otherwise the Broker for Seller, is 76 77 authorized in enmmunlcale with the mortgage lender r the acs of assisting in the mortgage loan process. n 4tff 79 (C) 1. Mortgage commitment date _OICM 14..?•H a written commimrcnt is not racivcd by Seller by lire above date, Buyer 78 79 and Seller agree to extend the mortgage commitment date until Seller terminates thin Agreement in writing by notice in Buyer. 79 no 2. Upon receipt of a mortgage commitment, Buyer will promptly deliver a copy of the commitment to Seller. so at 3. Seller has the option to tcmdnate, flue Agreement in writing, after the mortgage commitment date if the mattgage conomhor t: 61 67 a- is not valid until the dam of settlement OR " in It. Is conditioned upon the sale and settlement of any other properly, OR 63 64 a Contains any other condition not specificd in this Agreement that is not satisfied andfor minoved in writing by the mortgage lender a4 is within 7 DAYS after die mortgmgc commitment date in paragraph 6 (C) (1). as is 4. If Ibis Agreement is terminated as specified in paragraphs 6 (C) (1) or (3), 6, the mortgage loan is not obtained for settlement, all deposit mcnips an 17 paid on aaxamt of purchase price will be manned to Buyer. Buyer will be responsible for any premiums for mechanics' liar insurance andinr 17 as title starch, or fee for cancellation of same, if any; AND/OR any premiums for flood insumnce, mine subsidence insunari mdlor fire incur BE as once with extended coverage, or cancellation fee, if any; AND/OR any appraisal fees and charges paid in advance to the mortgage lender to 0o (D) If the mortgage lenda requires repairs to the property, Buyer will, upon. receipt, deliver -copy of the mortgage lender's requirewnts to Seller. 99 si Sell" will, within 5 DAYS of receipt of time mortgage lender's requirements, notify Buyer whether Seller will make IN rcquhud repairs 91 91 at Seller's expense. 93 w 1. If Seller chooses 10 make the required repairs, Buyer will accept die Prapraty and agree to the RELEASE set forth in paragraph 25 of thin 13 94 Agreement. 91 ss 2. If Seller chooser not to make the required repairs, it if Seller fails to respond within the time given; Buycr will, with.n _5?.'DAYS, 15 95 notify Sella in writing of Buyulft choice to terminate this Agreement OR make the required repairs at Buycr's expcne.md with Seller's 9' 97 permission, which will not be unreaamnably withheld. If Seller denies Buyer permission to make the tequved repairs, Bttym may, within 97 96 5_ DAYS of ScIler's denial, terminate this Agreement, in which case all deposit monies paid on account of purehrue prim will he 9a 39 rem promptly to Buyer and this Agreement will be VOID. 40 105 (E) Sell as iat '. too tot j NOT APPLICABLE - tot tae i 13 APPLICABLE, Seller will pay: 102 1m ? $ , maximum, inward Buyu'a coats as permiued by the mortgage tender. tm 104 ? 103 pas FHA/VA, B? APPLICABLE 165 tae (F) it is expressly agreed that notwithstanding any other provisions of this contractt Buyer will not be obligated to complete The puluhasc of the tai 07 Property denart'hed heroin or to incur any penalty by forfeiture of c-most nasty deposits or otherwise unless Buyer has been given, in seem- io. TB dance with HIIO/PHA or VA requilCnpeots, a wrium settlement by the Federal Housing Cotamissioner, Veterans Administration, or a Diem Ili. tea Endorsement Lender setting forth the appraise) value of the Property of not less than $ (the dolliv amount to be to, tic Ili installed is the sales price as stated in this Agreement), Huycr will have the privilege a ption of proceeding with censummrtion of the con. tin 112 tract without regard to the ammmt of the appraised valuation. The xpp dscd vain n is arrived a to determine the maximum mortgage it,, tit 112 Department of Housing and Urban Development will insure. HUD data not t the value nor the condition of die Property. Buyer shonid 112 113 satisfy himself/lIc f that die price and condition of the p4e7pcrty, are ac table. III 1N Warning: Section lolo of Title 18, U.S.C., Department of sing and Urban Development and Pcdcral Housing Administration 114 115 'Itm'ections, provides, "Whoever for the purpose of . - , influ ng in any way the action of such Department, makes, pane;, utters or pub- Its 216 lisba any statement knowing the same to be false ... s fined under this fide or imprisoned not more Than two years. or both." tic Ili (G) U.S. Department of Housing and Urban Developm HUD) NOTICE TO PURCHASERS: Buyer a Acknowledgement 11, 119 Q Buyer has mceived the HUD Notice'Wor You ration: Get a Home Inspection" (see Notieea and Information on Pngmerty Contrition tit 19 Inspections). ions). Buycr understands the impo a of getting an independent home inspection and has thought about thin hnf ran signing this 719 770 Agreement. buys understands that will not perform a home inspection nor guarantee the price err condition of lira property. rxo 121 Buyer a Initials Deft .121 tzz (Ii) Certification We the undersigned, Ila(s) and Buyer(-) party to dlis transaction each certify that the tame of this contract f w purchase are 122, 125 true to the best of ma low I. Q it belief, and tint any odder agreement rnmrrd rots by any of there parties in canncchom with this lmasar 123 174 pion is attached to this Agree t. 125 !7. INBPEC'TiONS(1-02) tz1 125 126 (A) Seller agrees to scent ' spa0 ons by amhorzcd appraisers, repumhlu at"fir rs, ineurcr's repreaentativa, eurwyms, municipal nllicislsand/or 126 77 Buyer as may be fired by the mortgage Icndar, if any, or insuring agtncics-Seller further agrees to permit any other inspections reglrimd by 12f tze or provided f ' the tonne of this Agreement. Buyer hat the right in attend all inspections. 123 in (B) ?uycr run s the right to make a pre-setdamcnt walk-through inspection of the Rnpcrty. $uyer's right to make This inspection is not waived Ins tss by an nc?r provision of this Agreement- 13s 131 (C) Seller will have heading and all utilities (imlud(ng fuel(s)) on for the inspections. - lap 112 (D) All inspectors,' including home imspccitm. are authorized by Buy" to provide a copy of any reports to Broker for Buyer. 132 133 R- PROPERTY INSPRCCION CONTINGENCY (7,04) 131 134 Other proud Pura of this Agreement may provide for inspections and/or certification that are not waived of altered by Buycr.$ elect on here. 1x4 lss ! ? W. Buyer understands that Buyer has the option to request inslxxtions M the Property (see property InepecGtnt Notices and tas ter; nvuD[rlllental Nofima). BUYER WAIVES TFQS OPTION and agrees to the RELEASE act forth in paragraph 25 of thin Agreement. In 1x7 BLEC ED IN 13A (A) Within DAYS (15 days if not Specified) of the exaction of thin A tag tiom and/or certifications completed Sc.xmcnt Buycr, u Ruyer'S expense, may choose w have inapec- ran by licensed err otherwise glralifiel Notices). .profehri(n-Is (sec Property Inayprx?tnlon Notiw and linvironmental 139 too This contingency does not apply to the following existing conditions and/or items: O `Ka 419_7A___S ,4u 142 (B) Should Buy" elect to have a home inspection 141 Of the Property, 0 defined in the Podnsylvatda Home Inspection Law, (see infor nat an Regarding 1i N3 the Home Inspection Law) such home inspection 'hall be performed by a. full member in good standing of a national home inspection associ- 14.1 44 ation, or by a son supervised bX4 fill] member of a national home inspection association, in accordance with the elh a nd a`**` °nd code I" 45 of conduct or dice of that a ci ore, n licensed or registered professional engineer. or a licensed or mli5, ter i , 145 46 ?ayer Initlal9: A/S-3K page 2 of is Setter Initlala: 146 147 . , 1A7 (C) Buyer is not salie6ed wSr -.. ditinn of the Property as grow in any written _-'..wilC _ 1411 idsOption I. Within the UmE „ vi- .....r< tmmpleting inspections: in peter[aph 25 of ibis Agreement, OR 144 149 I Accept the Property, with the information stated in the report(s) and agtlx to the RELEASE set fodh 2: 7pzminatc lhie Agreement in waiting by notice to Seller, in which cage all deposit. monies paid on amount of purchase Is jet will he returned 's' 150 tst promptly to Buyer and this Agreement will be VOID. OR tatY • and/or any credit ism 3. Enter into a mutually accepable written agraement with Stiler providing for any repairs or improvements In the Prop 152 152 153 to Buyer at settlement, as may be acceptable to the mortgage lender, if any. t the Property or terminare.ihin Armament within 154 should efforts to reach a mutually acceptable agreement fail. Buyer must chouee in weep 1 e and 2. 155 1u 155 the time given for completing inspections and according to the provisions in paragraph 8(C) 166 1 s6 0 Option 2• Within the time given rat completing Inspection: 157 1. Accept the Property with the information stated in the mport(a) and agree to the RELEASE set forth. in paragraph 25 of this Agreement, 167 in UNLESS the total cost to correct the tonditiona contained in the =pmt(s) is more than $ tma 2) 1, 158 159 159 2. if the total cost to correct the conditions contained in the report(s) EXCEEDS the amount specified in paragraph e(C) (Option 165 Buyer will deliver the report(s) to Seller within the time given for ingpncBon. 161 A. Seller will, within 7 DAYS or receiving the report(s), inform Buyer in writing of Seller's choice to: 161 1e7 (1) Make =pairs before settlement so that the remaining cost to repair conditions contained in the report(s) in less than or equal In 162 183 162 the amount specified in paragraph 8 (C) (Option 2) 1. 164 (2) Credit Buyer at settlement for the difference between the estimated cost of repairing the conditions contained in the mport(s) 164 465 and the amount specified in paragraph 8 (C) (option 2) L This option must be acceptable to the mortgage coder, if any. 165 ee IN (3) Not make repairs and not audit Buyer at settlement for any Coate in repair conditions contained in the repOn(9). leT b. If Seller chooses to male repairs or clydh Buyer at settlement as specified in paragraph 8 (C) (Option 2) 2, Buyer will accept the In lee Property and write to the RELEASE set forth in paragraph 25 of this Agreement, M 169 c. If Seller chooses not to make repairs and not to credit Buyer at settlement, or if Seller falls to choose any opthm within the time 166. 170 given, Buyer will, within 5DAYS: 17t (1) Accept the Property with the information stated in the report(s) and agree to the RELFASF set forth in paragraph 25 of this ''I' 171 '. Agreement, OR 175 ! (2) Terminate this Agreement in yrtiting by notice to Scllcr, in which case all deposit monies paid On account of purchase pricc will It: 1R be returned promptly to Buyer and this Agreement will ht VOID. 11 175 9. WOOD RWFSTATION INSPECTION CONTINGENCY ("2) n. 176 ?D. Buyer understands that Buyer bun the option to request that the Property be inspected for wood infestrtion by s. etrti5ed Pest Control in 177 rotor. BUYER WAIVES THIS OPTION and agrees to the RELEASE act forth in paragraph 25 of this Agreement. lr 176 ELECTED 179 17, '.. (A) Within DAYS (15 days if not specified) of the execution of this Agreement, Buyer, at Buyer's expense, will obtain a written "Wood- o' 190 - Destroying Insect Infestation Inspection Repoli' from a certified pest Control Operator and will deliver it and all supporting documents nncl is 1111 drawings provided by die Pest Control Operator to Seller. The report is to he made satisfactory to and in compliance with applicable laws, moll- to tee gage lenders, and/or Federal Insuring and Guaranteeing Agency requirements, if any. The inspection will include all rattily visible and 19 1e7 accessible arras of all structures on the Property except the following atrucmres, which will not 611 inspected: J GPfT A is 164 8 145 (B) If the inspection reveals evidence of active infeatstion(A), Seller agrees, at Seller's expense and before settlement, In [oche for active infesm• la 6 766 I bon(a), in accordance with applicable laws. tar (C) If the inspection reveals damage from 'tire infestation(s) a previous infestation(s), Buyer, at Buyer's expense, has [tie option to obtain a writ- 15 tee con report by a professional contractor, home inspection service, m structural engineer that is limited to structural damage to the Property caused to log by wood-derhmyimg organisms and a proposal to repair the damage- Buyer will deliver the structural damage report and collective proposal h) in 190 Sella within _7 _ DAYS of delivering the original inspection report. 19 lsl (D) Within 5 DAYS of receiving the structural damage report and comcctivc proposal, Seller will advise Buyer whether Seller will repair, at 19 192 Seller's expense and hcfom ac"Ime ni, any structural damage frean active of previous infestation(s). 19 193 (E) If Seller chooses to repair structural damage revealed by the report, Buyer agrees to aocept tho Properly as repaired and agrees to the RL•LPASE 19 194 set forth in paragraph 25 of this Agreement iB 196 M If Seller chooses not to repair structural damage revealed by the report or fags'tn respond within the time given, Buyer, wi dtin -j- - _ DAYS, is 196 will notify Seller in writing of Buyer's ehmrt to: 19 197 ''.. t. Accept the Property with the defects revealed by the inspection, without abatement of price, and. agree to the RELEAS E set forth in para- 19 1s9 - graph 25 of tl»s Agreement, OR 19 199 2. Malmi.tlte repairs before sentcment, if required by the mortgage lender, ifany, at. Buya's expense and with Seller,$ pemtisaion, which will In 200 not be unreasonably withheld, in which case Buyer accepts the Property and agrees to the RELEASE set. forth in pstagraph 25 of thin 2a 201 Agmcment. If Sclla denies Buyer permission to make the repairs, Buyer may, within 5 DAYS of Seller's denial, terminate this 21 302 Agreement in writing, in which case all deposit monies paid on account of purchase prim will be retuned promptly to Buyer and This 20 201 - Agreement will be VOID, OR 20 204 - 3. Terminate this Agrremenf, in which case all deposit nw,rleg paid 011 acurlllnL of'pumbaae 1wict will he ,'turned Pan, ply u, Ray, .nit 20 295 - this Agreement will be VOID. 211 206 ..! 10- RESIDENITAL LEAD-BASED PAINT HAZARD REDUCTION ACT NOTICE REQUIRED FOR PROPERTIES 20 207 - BUILT BEFORE 1978 (1-02) zn 208 ..' ?l y,`,`(OLAPPLICABLE za, 269 lt'd' AppLiCABLE pp 610 (A) Seiler 2xpse"ole that Scllcr has no knowledge concerning the presence of lead-based paint and/or lead-hosed paint hazards in or about the 2u 211 Property, unless checked below- 21 ili2 ? Scllcrl.hae knmwlydpp: of the Panetta of lead-based paint and/or lead-based paint hazards in or about the Property. (Provide the beaia to, 21: 215 rice mmining that lead-based paint and/or hoards exist, the location(s), the condition of the painted surfaces. and other nvailehle infnnnn- 21: 211 - lion concerning Seller's knowledge of the pruenct of Iced-based paint and/or lead-hued paint hazards.) - 2n 215 11! .216 (B) ReenrdalReparts! Sella has no reports or records pertaining to lead-based' paint and/or head-based pain[ hazercis in or elwut the Properly, 211 217 unlega checked below. 217 211 213 ! ? 9eller..baz provided Boyer with NI availahlc mreuts and reports pertaining to ksd-bared paint antVor lead-based point hazards in or about an 211 1; me the . a. vyeaty. (List documents) a it, 221 (C) Buyer's Acknowledgement: Buy" has received the Pamphlet Protect Your Family from 'sad in Yarn Nom and has mad the Iced Worming 22t u2 Statement contained in this Agreement (seaEuvi g ? renal Notices). Boy- has reviewed Seller's disclosure of known lead-t ased paint and/or u; 227 lead-based paint hazards, as identified in pars B A) and he > cd the records and =polls pertaining to [cad-based iraint and/or leaf- 224 based paint hexarda identified i mph to( 221 225 Buyer's Initials Date-?224 226 (O) RISK A99FSSMElK1'/INSIrBCTION: $uyer aclo edges that before Buyer is obligated to buy a residential dwelling built b,;fare 1978, Duyer 2x6 227 has _1S!_ DAYS to conduct a risk assessment Inspection of the Property for the Pretence of Iced-based pain[ and/or lead-ha 1111 pain haraner 221 220 ? WAIVED. Buyer and/or that Buyer has to right to conduct a rink saseasment or inspection of the Property in determine the presence of err 110 le Agree paint and/nr Iced-based punt hazards. BUYER WAIVES THIS RIGHT and agneca to the RELEASE so, forth it paragraph 25 or 22s As Aglulnent. 220 s 2aa 221 BLFA'1'ED' 231 222 I. Buy-; ell's expcnee, c es m ob[a1n a risk assessment andlor innpectier of the Property fmlted-based paint sndlor lead- Ned 232 zm The risk smenl d7a inapcetium will ire completed within 10 -DAYS of the exerntian of this Afire L 232 771 Buyer inillaln: ARS_2K Page 3 or R Serer rniH9is 234 136 2 Within the time set fnrslh above for obtaining the risk a&lmwrmt andlor in<^.tinn. ofa the t wro ertYs for cited iin the llausercpor!... those Ard lead-ba6ed paint 1127 % rr may deliver to Seller a written lief of the sp . 236 23r °• corccti rmt requested by Bu, _, along with a copy of the risk assessment andlor i`sprcu. report uyer 238 , 3. Seller may, within L DAYS of receiving the list and report(s), submit a written cctBCed ecomp ropos date Bfor sort The correcti met. a pmpoW' 23s will include, but not be limited to, the name of the remedielion company and a prof 240 will provide certification from a risk assessor or inspector that collective meanure6 have been satisfactorily completed on or bcfom the 241 projected completion date. 242 4. Upon tecciving the corrective proposal, Buyer, within 5 DAYS, will: 243 a. Accept the corrective proposal and the property in writing. and agree to the RELEASE set forth in paragraph 25 of die Agreement, OR 244 b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will bc:ctumed prompily 245 to Buyer and this Agreement will be VOID. 249 5. Should Seller fail to suhmil a written corrective proposal within the date set forth in paragraph 10(0)3 of this P.greement. Buya, 247. within 5 DAYS, will: 249 a Accept the Property in writing, and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 249 b. Teunimuz this Agreement in writing, in which case all deposit monies paid nn account n(purchose price will be returned promptly 250 to Buyer and this Agreement will he VOID. 251 6. Buyer's failure to exercise any of Buyer's options within the time limits specified in this paragraph will constitute a WAIVER 262 this conting4acy and Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of Ibis /tlpeement. 263 (6) Certification: By signing this Agreement, Buyer and Seller certify the accuracy of their respective statements, to the best, of their kri wledgc 254 11. STATUSOFRAUON(1-02) 256 (A) Seller represents that Seller has no knowledge concerning the p(coa cc or absence of radon unless checked below. 256 ? 1. Seller has knowledge that the Property was tested an the dates, by the methods (e.g, charcoal canister, alpha track, etc.), and wi11 257 the results of all tests indicalyd below; 259 DATE TYPE OF TEST RESULTS (picricuriennitcr or working levels) 259 260 261 282 269 264 295 286 267 268 299 270 271 277. 273 224 275 276 277 278 179 26) 281 292 223 294 289 296 207 264 299 290 291 292 263 291 295 296 297 269 299 SIIO 301 302 303 Sao 306 306 307 Igo 109 no 111 112 .13 14 15 U 17 s9 19 !a u !2 239 rte 7.311 2311 244 241 .ea 243 244 gas 246 247 248 249 Hill of 251 252 253 254 255 2511 257 2511 258 280 COPIES OF ALL AVMLAELE-TEST REPORTS will. be delivered! to Buyer with this Agreement. SELLER DOES NOT WAR- 261 RANT ETCHER THE MUMODS OR RESULTS OP THE TESTS. 262 Seller has knowledge that the Property underwent radon reduction measures on the date(s) and by the method(s) indicated below: 267 G6 D?3--??17 GO 11%1 01 7f•4 29!: (B) 7N fNSPk:CTtON CONTINGENCY ?. Hvy' understands that Buyer has the option to requestflat the Property be inspected forradon by acertifed inspector (ace Envin enrol Notices. Radon). BUYER WAIVES THIS OPTION and agrees to the RELEASE act forth in paragraph 25 orthis Agreement. ELECTED. Buyer, at Buyer's expense, has the option to obtain, from a certified inspector, a radon test of tee Property, and will deliver a col of ilia test report to Seller within DAYS (15 days if not specified) of die execution of Ibis Agreement (See Environmental Notice. Radon) 1.. If the teat report reveals the presence of radon below 0.02 working levels (411cocrnicsiliter), Buyer accepts the Propaty :rod agrees to RELEASE act. forth in paragraph 25 of this Agreement. 2. If die test report reveals the presence of radon at or exceeding 0.02 working leveln (4 picncuiiea/liter), Buyer will, within 7 DAYS of receipt of the test results: ? Option I a, Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purehax price will be returned prvmpdy to Buye and this Agreement will be VOID, OR c. Submit a written, attractive proposal to Sclla. The corrective proposal will include, but not he limited to, the time of the certified mi gation company; previsions for payment, including cereals; and a projected completion date for eomnctivc measures. (1) Within _5 DAYS of receiving tire crrective proposal. Seller will: (a) Agree to the terms of the corrective proposal in writing, in which cane Buyer accepts the Property and agrees to I RFLFASE set forth in paragraph 25 of this Agreement. OR (b) Not agree to the Icon of die corrective proposal. - (2) Should Salter not agree to the terms of the corrective proposal or if Seller fags M r"prind within the time given, Bu yer will, with 5 DAYS, elect to: (a) Accept the property in writing and agree to the RELEASE act firth in paragraph 25. of this Agreement, OR. (b) Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be return promptly to Buyer and this Agreement will be VOID. Option 2 a- Accept rise Property in writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR h. Submit a written, corrective propusal to Seller. The corrective proposal will include, but not be limited to, the name of th••. codified mi gation company' stone for payment, including retests; and a projected completion dole for comxtivo measures. Sella will pay a ma imam of S 4 _ toward the total cost of remedistion and retests, which will be completed by sadement (1) If the total cost of remodiatitn and retests EXCEEDS the amount specified in paragraph I I(B) (Option 2) b. Seller sill, within 5, DAYS of receipt of the cost of rernetiation, notify Buyer in writing of Seller's choice to: (a) Pay for the total cost of remediatitn and return, in which case Buyer acccpis the Property and agrees to the RELEASE set for in paragraph 25 of this Agreement, OR (b) Contribute toward the total cast of remediation and letr2ls only the amount specified in paragraph I I (B) (Option 2) b. (2) If Sclla chooses not to pay for the total cost of mmediation and retests, or if Seller WS to chnose either option within the ii given. Buyer will, within--5_ DAYS, nodfy Seiler in writing of Buyer's choice to: (a) Pay the diffcrcnce between Sellers contribution to mmediaticm and retests and the actual cost ibcreof, in which c c,, 301 Buyer accepts the Pmpeny and agrees to the RELEASE xt forth in paragraph 25 of this Agreement OR ro Tccminate Iris Agroancat, in which case all dq,o5it monies Paid rat account of Purchase Price will lee returned prompt to Buy' and [his Agreement will he VOID. I. STATUS ATER(1-02) (A) Se represents that the An "is saved by; Pubte Water ? On-53tc Water ? Community Water ?J None ! (HllWATER SERVICE INSPECTION CONTINGENCY WAIVED. Buyer acknowledges that Buyer has die option to request an inspection of the water service for the Property, BUYER WAIVE THIS OPTION and agrees to the RELEASE sct forth in paragraph 25 of this Agreement ' [I ELECTED 1. Buyer has l lion, within YS (15 days if rot specified) of the execution of this Agreement sailor Buyer's cxpouo, In deli to(`S?e??er a tten inspection part a qualified. pmfe,3ionai water rearing company of the quality acid/or quantity of the way sc Byyaluitiala:C A6S-2K Page 4 ofg Seller lnltial2; ? 2M 207 m• 266 its )y 270 x' 7rl 272 the 773 214 17, 276 277 278 r 279 ton ti- 281 282 283 he 284 28, 28% in 287 288 299 td 2rm 29e zee 293 ti- 294 x- 245 296 297 299 th 2x9 sea 307 me 302 3m :rah ly 306 307 304 309 314 an 312 313 314 Sts S 316 317 319 X .1 e. 320 321 322 r,"m"aids access to die'oil'-site (dr individnia) water A) IfaQicable, at Seller's expense, if required by the 123 3Z3 2. Seller agrees to IOCala 32a St ,as to restore the Property, at Seller's expense t 'enlcmcnt. dl fails to azs 324., inspection company. .. agr rdrbf any applicable governmental authority an or a t reveals that the water sautes does not teem the minimum DAYS of receipt of itbin L e ill 32fi 326 • id l _ _ , w . If the r por 3 satisfy the mquimments for quality and/or quantity set by the mortgage e lender, if any, then Seller w 326 321 the report, notify Buyer in writing of Seller's choice to: before settlement, in which case Buyer accepts the Rrhperty and. ag ee% table levels imum acce i h 12^ , p n e m a. Upgrade the water service to t 326 - , to the RELEASF act forth in paragraph 25 of this Agreement, OR 3a0 329 330 It. Not upgrade the water service. inimum acceptable levels, or fails to respond within the time given, Buyer will, within t i ml 431 o m st: 4. If Seller chooses not to upgrade the activ 332 au ._5 DAYS; eiiheri and the water service and. if required by die mortgage lender, if any, andlor any governmental authority, upgrade. at Pro ert it t h h 333 334 333 y p y,. e or t a, Accep before settlement or within the time required by the mortgage lender, if any, and/or any governmental aut i s 331 ce the water serv - Buyer's expense and With Seller's permission, which will not be unreasonably withheld, and agree to the RP.LEASII set forth in lira- DAYS of 5 i m in 335 338 - n- graph 25 of this Agreelncot If Seller denies Buyer permission to upgrade the waist service,.Bmya may, with osit monies paid on account of Pum)aac price will be ll de i h 7n aa7 p case a c Scli"'a denial, terminate this Agreement in writing, in wh 331 returned promptly to Buyer and this Agreement will he VOID, OR osit monies paid no account of purchase price will be returned promptly ll d hi h ,40 339 case a ep c b. Tenn)nate this Agreement in writing. in w 340 to Buyer and this Agreement will he VOID. - 341 341 241 X13. STATUS OF SEWER. (7-02) 342 342 (A) Seller represents that the Property i4 saved by: 343 30 344 ? public $cwri BY'lladividual On-lot Sewage Disposal System (See Sewage Notice 1) 344 345 ? Individual On-lot Sewage Disposal System in Proximity to Wcll (Sex Sewage Notice 1; see Sewage Notice 4, if applicable) 34, 346 ? Community Sewage Disposal System 345 347 347 ? Ten-am Permit Exemption (See Sewage Notice 2) 348 ? Holding Tank (See Sewage Notice 3) 348 319 ? None (See Sewage Notice 1) 349 350 ? None Available/Permit Limitations in Effect (See Sewagc Notice 5) 350 351 ? _ 351 353 - (B) INDIVIDUAL ON-LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY 352 30 ? WAIVBA. Buyer acknowledges that Buyer has the option to request an individual on-lot sewage disposal inspection of the Property BUYER 353 354 Z<VAWES THIS DIMON and agrees to the RELEASE set forth in paragraph 25 of this Agreement. - 354 355 0 &LFCTED 315ti 356 1.. Buyer has the option, within DAYS (15 days if not specified) of the execution of this Agreement and at Bu)er's expense, to ass 357 deliver to Sella a written inspection report by a qualified, professional. inspector of the individual on-lot sewage disposal system. 357 ass 2. Seiler, at Seller's expense, agrees, if and as required by the inspection company, to locate, provide access to and empty ttc individual on- 358 352 lot acwagc disposal system. Seller also agrees to restore the Property, at Sellers expense, prior to sedkment. 359 360 3. If the report reveals defects that do not require expansion or replacement of the existing sewage disproval system, Seller will, within 3R<r 361 7 DAYS of receipt of die report, notify Buyer in writing of Seller's choice m: 361 362 a. Correct the defects before aeldemcnl, including reteata, at. Seller's expense, in which Case Buyer accepts the Property and agrees to sea a63 the RELEASE set forth in paragraph 25 of this Agreement, OR. 363 364 It. Not correct the defects. 364 36S 4. If Seller changes not to correct the defects, or if Seller faila to respond within the time given, Buyer will, within _: DAYS, either: a45 366 8. Accept die Properly and the system and, if required by the mortgage lender, if any, and/or any governmental authority, cornet the 385 367 defects before settlement a within the time required by the mortgage lender, if any, and/or any governmental autlu rity, at Buyers 367 are Dole expense and with Seller's permission, which will nor be unreasonably withheld, and agree to the RELEASE snLGMh io para• Sae 369 . graph 25 of this Agreement If Seller denies Buyer permission to correct the defects, Buyer may, within 5 DRYS of Seller's J69 870 denial, terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will he returned wo 371 promptly to Buyer and this Agreement will he VOID. OR art 372 h, Temdnate this Agreement in writing, in which ease all deposit monies paid on account. of purchase price will be returned 372 373 promptly to Buyer and this Agreement will be VOID. 313 374 5. If tike reportwwals the need to expand or replace the existing individual on-lot sewage disposal system. Seller may, within _25-DAYS a7- 175 of receipt of the report, submit a cnireetivc proposal to Buyer. The corrective proposal will include, but not be limited an, the name of the 375 376 . remediatinn company;.proviniona for payment, including retests; and a projected completion dare for crmcctivo measures: Within' 374 377 _5 DAYS of mcciving Seller's corrective proposal, a if no eurredive proposal i9 received within the time given, Buyer will: 37/ 379 A. Agree to the terms of the earectivepropoxal, if any, in writing, in which case Buyer accepts the Property and agrees to the RELEASE ale 379 set forth in paragraph 25 of this Agreement, OR 379 ago It. Accept the Property and the system and, if required by the mortgage lender, if any, and/or any govemmental authority, correct the Sao 341 defects before settlement or within the time required by the mongagc lender, if any. and/or any govemmcnml. authority, at Buyer's sat 322 Polo expense and with Seller's permission, which will not be unreasonably withheld, and agree to the RELEASE set forth'in papa- no 30 graph 25 of this Agreement. If Seller denies Buyer permission to correct the defects; Buyer may, within 5 DAYS of Seller c 383 311 denial, terminate this Agreement in writing, in which care all deposit monies paid on account of purchase price will be returned 381 185 promptly in Buy" hod tilts Agreement will be VOID OR IN , C. Terminate this Agreement in writing; in which Case all deposit monies paid on. Recount of purchase price will be resumed promptly 3as 34fi Iel to Buyer and this Agreement will he VOID. lea I+ NOTICES, ASSESSMENTS & CERTIFICATES OF OCCUPANCY 7 0 3a7 W ( - 4) (A) Seller mprpeertl, ere of Sella'3 execution Of this Agreement, that no public improvement, condominium or homeowner aaan4ialiou assessment see 389 199 have been made against the Property which remain unpaid, and that no notice by any govemmcnt or public authority hag beer serval upon 390 st Seller or anyone on Seller's behalf, including notices Painting to violations of zoning, horsing, building, safety or fire ordinances ,vhich remain ash 82 93 uncometcd, and that Seller knows of no condition that would coastihnc violation of any such ordinances which remains unermnded, UnicRR otherwise specidicd here: 392 94 393 95 (B) Seller knows of no other potential notices (i]]cluding VjOIRLORS) and 899egamenL9 GItCCpt as follows:' d ff'L 394 7fi __ 395 27 is (C) In the event any notices (including violationR) and 21 113egament3 are received if,, eacOmOn Of this Agreement and before settlement Seller ill , w notify Buy" in writing, within 5 DAYS of receiving the notice or as2eamcnl that Seller will: 357 18 M , 1. Comply with noticeR and assessments at Seller'R expense, in which case Buyer accepts the Property a in paragraph 25 of this Agreement, OR agrees to the RELE7tSE set forth 399 ass It 2. Not comply with notices and assessments an Sellers expense. 409 a 2 3. If Seller chooses not to comply with notices and 9aaensmentg; or fails within the time will noti given to notify Buyer iFSelly will comply, Stayer ty Seller within DAYS in writi h 5 B 401 Aaz 4 s _ _ ng t at uyer will either: a. Comply with nods; and assessments at Buyer'S expense and agree to tile'. RELEASE set froth in paragraph 25 of this Agreement, OR b. Terminate thin Agreement, in which case all de osit i id 4 em IN s p mon es pa on account of purchase price will be remmcd promplly to Buyer and this Agreement will he VOID. as I If Buyer foI1R to notify Seller within the ti me given, Buyer accepts the l°roperty and agrees to the RELEASE set fort In pan- PZ?'6 of thht A ant e (D) Bu i 406 407 qaa r A y rl /ssec o uhlic mad may require issuance Of n highway occupancy permit From die Depanme n[?of®Tr?am rtati Buycr Initlals: 5 Yr l A/S 2K P qpg _ vJ ^ - age S of a Seller Initinhe 1r-OG ?_'7? 410 'r'YS of the execution of this Agreement Seller will r---delivery to Buyer, on or before edtcmcnl; 411 (E) - ' 1 If . A required certification by law, ealion from within the Err„ :a municipal department of departments disclosinb ,,n any nncorecmd violadnns of zoning, hoe? 412 411 ing, building, safety or fire ordinances, AND/OR at, 414 2. A certificate Permitting ac ofanc ler o the , In event Fs rereceipo o[ the 1c19 tcmcn?e notify Buyer of the rreq equirements andswhctherf Sell r w ] make the 416 will, within 5_ 416 required Iepabafhmprovemenb at Seller's expense. as re abed and agrees to tie RELEASE act If Seller cbe,@" to make the required. mlin iE"improvemenls, Buy" agrees to accept the Property p Bayer will within _?. DAYS, 417 pg forth in paragraph 25 of th13 Agreement. If Seller chooses not to make t1c required epain/tmpmvemcnra, r'A expense ind with 439 nobly, Seller in riling of BV unreahon fly widtttteldeif Seller tincs Rny pmake flic ermission to make the aegt-[ed repairs or if Seller flails in STerpimil 419 will not be paid permission. within the•ume given, Buyer may. within _5 DAYS, terminate this Agreement in writing, in wbicli case all dcpositmohict on account 411. of purchase price will be calumet prompcy Buy" and this Agreement will be VOID. 413 423 (F) The Property in new a "recreational cabin" as defined in the Pcnn6ylwnia Cnnxlruction Code Act hmlraa Otherwise stated here (see Mnticc;-Regarding 424 Recreational Cabins): . 425 IS. TITLE, SURVEYS& COSTS (1.02) - - G HOWEVEIt•tie'following: existing 424 (A) The Property is to IV conveyed free and clear of all lions, cncnmbranees, nod easements, EXC'IIF'I'fl•I 427 decd restrictions, historic presmation restrictions or ordinance!, haildingrestrictions, ordimance.q, ra ements of roads, easemhmb visible upon 42g the ground, easements of record, privileges or rights of public service companies, if any: otherwise the title to the Alcove described real estate 429 will be good and marlretablc and such as will be insured by areputable Tice Imurande Company at the regular rates. no (B) Bayer will pay for the following: (1) Title search, title insurance and7or mechanics lien insurance, or fee for eancellation of Rome, if any; 431 (2) Flood insmanrc. fire insor,nre with extended coverage, mine subsidence insurance; or fee for cancellation of same, if arty; (3) Appraisal 42 fees and charges paid in advance to mortgage leader, if anyt (4) Buycr's customary settlement costs and accruals. ASS (C) Any survey m surveys which may be rcgvimd by the Ttc Inarn,ncc Company or the abstracting attorney for the preparatim of an adequate 4a4 legal description of the Property for the correction thereof) will he secured and paid- for by Seller. Any snrvcy or surveys dedred by Buyer or 435 required by the mortgage lender will be secured and paid for by Buyer. 436 (D) In the event Seller is unable in give a good and marketable title and such as will be insured by a reputable Title Company at die regular rates, as 437 specified in Paragraph 15(A), Buyer w(ll have the option of. (1) taking such title as Seller' can give Willa no change to the purchase price; M (2) being 439 repaid all monies paid by Bayer to Seller on account of purehaRC pmce and being reimbursed by Seller fm any costa incurred by Buyix for any inspec- in 431 t(nna m ccitficetions obtained according to the terms of the Agreement, and for those items speriftcd in paragraph 15(B) items (1), (2), (3) And i 449 paragraph 15(C). in which case there will be no further liability or obligation or-tither of the panics hereto and this Agreement will became VOID. 441 16. ZONING CLASSIFICATION (1.62) Failure of thin Agreement to contain the zoning classification (except in cases where the pn party (and esel of q42 parcel thereof, if subdividable) is zoned solely or primarily to permit single-family dwellings) will render this Agreement. voidable at. the option n 443 the Buyer, and, if voided, any its tendered by the Buyer will be roomed to the Buyer without any requirement. for court zctiol. 444 Zoning Cla,sification: any its I cftnt?A?'t'? 445 13 BLECTED. Within „.i_ DAYS of the execution of this Agreement, Buyer will verify that the existing use of the Property a us is permitted. In the event the use i6 not permitted, Buyer trill, lnthm the tint 447 given for verification, notify Seller in writing lhArthe existing use Of the Prapcrty is not permitted and this Agreement will be VOID. in whir. 441 case al deposit monies paid on account of purchase prix will be returned promptly to Buyer. Buyer s failure to respond within the tim 440 gl wlll ennstitute a WAIVER of thin contingency and all outer terms of this Agreement ramain in full fore and of,,. - 459 17. CO OTICE 451 NOT APPLICABLE 452 11 ? APPLICABLE, 453 TNIa DOCUMENT MAY NOT SELL, CONVEY, TRANSiPA, n4CLnrr2 OR nNS1iRE Tote Toltis 45M1 Da501mCU OR REFERRED TO HEREIN, AND TM OWNER OR OWNERS OF SUCH COAL MAY HAVE PER COWLEM LROAL R1 "'M REMOVE ALL SUCI I COAL. A 453 no UiAT CCNN ON, DAMAGE MAY RESULT To Tire SI RPA W OP THE LAND AND ANY HOUSE; AUHAfNG OR OTHER 6TAULTIIRE ON OR IN SiIClt LAND. ash notice is se[ forth in the manner provided in Section 1 of the Act of lady 17, 1957, PL. 984 )''Buyer acknowledges that he may not in obtaining t 467 right Of protection against subsidence resulting form coal, mining Operations. and that Theprnpeny described heteinmay be protected frbtn dama 469 due to mine subsidence by a private contract with the owners of the economic interests in the coal. This acknowledgement is made for the purpo. An of complying will heProvisions of Becton 14 of the Bituminous Mine Subsidence and the Land Cnnec nation Act of April 27,1966."Huy"agre es 469 to sign the dead form Seller which deed will contain the aforesaid provision. 441 18. POSSESSION (1-02) - 462 (A) Possession is to be delivered by decd, keys end: 463 1. Physical possession to vacant Property free of debris, widl all structures broom•clcan, at day and time of settlement, ANT /OR 444 2. Assignment of existing lease(s), together with any aenluity deposits and interut. at time of settlement, if property h: leased u th 465 execution of this Agreement or unless Otherwise specified heroin. Buyer will acknowledge existing lease(s) by initialing said lease(s) Ififi pine of execution of thi6 Agreement. 407 (B) Seller will not cater into any ncw.leascs, written exlonsiun Of existing IcRacs, if any, or additional leases for the property with0Ul the wri P 464 consent of Buyer. 460. I?. RECORDING (3-85) This Agreement will not be recorded to the O1Gce fnrthe Recording of Deeds or ih any other office of plate c f public men 470 and if Buyer causes or parades Ills Agreement to be rexrdcd, Seger may elect to tree[ such act as a breach of 11110 Aglxetnent. m 20. ASSIGNMENT (3 05) This Agreement will be binding upon the parties, their respective heirs, personal representatives, guardians ::nd succea 472 and to the extent assignable,.on the asaigns of the parties hereto, it being cxpressly understood, however, that Bayer will not transfe- or assign 473 Agreement without the written consent of. Seller. 474 21. DEPOSIT & RECOVERY FUND (1-02) 475 ' (A) Deposits paid by Buyer within 3of DAYS of sedlctnant will be by cash, caahla,s or certified check. Deposits, regardlean of the form 476 payment and the person designated 29 payee, will he paid in U.S. Dollars W Broker or party identified in paragraph 3(B), who u ill retain th 4n inan escrow account until consummation or terninafion of this Agacmcmmconforndry with all applicable laws and regvlations. Any encash 473 check rendered u deposit Monies may be held pending the aexptancc Of ibis aft.. - 470 (B) Upan termination of this Agreement, the Broker holding the deposit Monica will release the deposit manias in accordance with the terms 401 fully executed written xgrecment between Buyer and Septic. 451 (C) In the event of a dispute over entitlement W deposit monies, , broker holding the deposit monies is nxluired by the Rules and ltcgolations 432 tie State Real Irstale Conan ssion (49 Pa. Linde §35.327) to retain the monies in C.setnw until the dispute is resolved. In the event of litigau 4u for the retuM of deposit monies, a bmkef will distribute the monies as directed by a final order of court or the written Agreement of the Patti 4u Buyer and Seller agree thin, in the event any broker or affrliatcd licensee is joined in litigation for me return Of deposit mtmieR, the Atiera. 465 fees and costs of the broker(s) and licensee(s) will be paid by the Party joining them, 106 (D) A Kcal Estate Recovery Vend Clara torrtmbmse my persons who have obtained a final dvIljudgmen[ eg?nust a Pennsylvania real h?tate liclmsee to to fimh4 mie<etxesmtationl or deceit in a teat estate W maaflipn and who have been unable to Wlect tie jtldgmrnt a0" exhanal'm8 ell legal and in e. For complete details about thcFUrd, Cali(717)783-3658,or(800)8222113(within Pennsytvarns)and(717) 7834854(ouesidellnusylvani 09 22 CO o l'UNIUM/PLANNED CON MONITV (ElOMEOWNER ASSOCIATION) RESALE NOTICE (1-02) lea NOTAPPLICABLB 151 1 ? APPLICABLL-:' CONDOMINIUM Buyer edmowlcdges that the {ROpcny is a auto of a condominium that is primarily ran by a unit Own tea - of die and43407 of the Union Cr than nidm Act of pcnnsylvama requbes Sell" to famish Buyer with a Certificate Of Rcsi le and co" APPLICABLE: e condominium PLANNED on (other than pleb and plena), one bylaws, and the rates and .cgul.uorA of the aesoclatton. a7 ? A: PLANNED COMMUNITY (I-IOMEOWNER ASSOCIATION). Buyer acknowledges that the property is part of a. pia is community a final by the Uniform Pla ad Community An. (Sce Definition of Planned Community Notice). §5407(a) of tot Act requit as SCI1" m fur ?A uyer with a y of lledazation (other than plats and pima), the bylaws, the rates and regulations of the 9r n Cam??(q(a tannin 1 >< a sort forth in 45407(,) of the Act, ??'F' ? 9e Rhryet INtlols: association A/C-2K Page 6 of g Bailer Initialer: -- 412 413 414 415 416 417 418 419 403 421 422 423 424 426 426 427 428 429 43E' 431 432 433 434 415 436 431 438 439 440 441 442 443 444 3 445 e 441 h 447 C 448 449 460 451 452 453 Nn 454 (This 4s5 he 459 ge 4T Se 45H 4sa 460 461 Ain 463 e 464 at 465 406 en 461 466 of 4a4 47n aorn, 471 thin 472 473 4N of 475 em 47e cd 471 476 of a 479 400 of 491 on W es. AM Lys' 494 Ass a,in g 4% gpapbla 487 9). 488 as APO ,B 491 as 497 AM rt a1 494 " 496 nd An 497 498 TT 't - a ".tr...{ORAPLANNEDCOMMi)NTCY. qty 1OPERTTUSTTHAT ARE PART OVA--CO I) 5nr Fk _J„S_ G? DAYS of th.. -!nn of this Agreement. Seller will aghmit a reucst ? 1h ociation for n Cctaificate of Resale and the oc- 4" TAEWithinFOLLOaAPPLIble Seller to comply with the Act The Act provides that the association is rcgnimd to provide these locumenta within s 50 y501 unnents necessary WINq (A) Within (o Su - 5n" 502' ld days or Seller's request. sos (8) Seder will promptly deliver to Buyer ail documents received from the Association. Umber the Act, Seller is not liable u to iffor the Whim or 503 delay of the association to provide tl1c Certificate ins timely manner, our is Seller liable to Buyer for any crrnnens information pmvidcd by so' SOE 505 the association Andiacluded in the CcrtiBcAle. sob ! (C) Buyer may declare this Agreement VOID At any time be fore Buyer's receipt Of (he association documents and for 5 days lhemaftcr. OR until 5nt .507 settlement, whichever occurs 'first Buyer's notice declaring this Agreement void must be in writing; thereafter all deposit mnnice will he aF sos returned to Buyer. Sao ?:. (D) In the event the association has the right to buy the property (right of first refusal), and the association exercises that right. Sella will reimburse 501 anfl/o Sol Buyer for all morrics paid by Buyer on account of purchase price and for any costs re dby Buy meow una)wTt excarch, tnhi insurance mine mrhr 5u ded Sit mechanics lien insurance, br fee for cancellation of same. if any: (2) oral insurance 511 513 Aidence insurance, or fee for cancellation of same, if any; (3) Appraisal fees and cbargea paid in advance to mortgage hander, V any. ,i 513 23: MAINTENANCE & RISK OF LOSS (1.02) 614 ! (A) Seller will maintain tho property;. grounds, fixlares, and any personal property specifically scheduled herein in its present rrmditirm, normal 51, sty 515 wear end mnr excepted. 616 (B) In the event any system or appliance included in the sole of the Property fails and Seller does not repair or replace the item. Seller will promptly 5it 51h, ' notify Bnycr in writing of Seller's choice to: 515 1" Repair or replace the failed system of appliance before schicment or credit Buyer at settlement for the fair market value of the failed sys- 51 519 tent or appliance (this o0c n must be acceptable to the mortgage lender, if any). In each eaic, Buyer accepts the Property and agrees to s Sao the RELEASE set forth in paragraph 25 of this Agreement. OR 521 2. Not repair or replace the failed system gt nppliancc, and not cmd(t Buyer at settlement for the fair market value of the failed system or 5z 522 appliance. if Seller does not repair, replace or offer a credit for the failed ayatcm or appliance, or if Seller fella to Notify Bayer 52' sea of Seller s choice, Buyer will notify Seller in writing within _9 DAYS Or hfore settlement, whichever is sooner, that Buyer 52' 624 will 5z 525 a. Accept the Property and agree to the RELEASE set forth in panagraph 25 of this Agreement, OR sz - b. Terminate this Agrccmcnt, in which case all deposit monies paid on account of purchase price will. be returned pomptly to Buyer s2! 526 sat and this Agreement will be VOID" s2 52e (C) Seller will bear risk of loss from fare or other casualties until time Of eettlear nt?, In the event of damage by foe or other casualties to any Prop- szi eta any included in this sale that IS Be[ repaired or replaced prior in settlement, Buyer will have the option of rescinding this Agmcmenl and 5a'. 550 promptly receiving all monies paid on account of purchase price or of accepting the I'ropcrty in its then condition together with the prprceda Sat sat of any insurance recovery Agreement. Seller. Buyer is hereby noti ? fied that Buyer may insure Buyer'R equitable interest in this property as of 53 Sax the time of execution of this s Agreeem mennt - 63; 5633 74, WAIVER OF CONTINGENCIFS (1-02) If this Agreement is contingent on Buyer's right to inspect and/of repair the Roprrty, Buyer s failure s4 39 In exercise any of Buyer 0 options within the time limits set forth in this Agrsemad will eona6tuic a WAf VER of Aut confinyency Rod HuM 5i? 535 accepts the property and agras to the RELEASE art forth in paragraph 25 of this Agm mcnl" 53' sae 2S, RELEASE (1-02) Buyer hereby releases, quit claims and forever diaeharga SELLER, ALLBROKERS , their LICENSEE,e•, EMPI.O EES, 53i sal and any OFFICER arPARTNER of any one of them and any other PERSON, FIRM, or CORPORATION who may he blahsc by or through .31 sae them, from any and all claims, loss" or demands, Including, but not limited 1% personal Works and property diu agr and all of thrron- 55; sae sequences thereat; whether vow known or not, which may arise from the presence of termites or other wood-boring hula te, radon, lead- 53t 54a based paint hoxonls, envlronmcntal hazards, any defecha in the individual on-lob sewage disposal system or deficiencies In tile on-alto water so or conditi 542 service system, a any defects t t Pars oos on the Property. "Oil" Seller be in default under the terms of this Agreement, (his mlceee does sat sat - not deprive Buyer of any rigid to pursue any remcdles that may he Available ender law or equity. This release will survive settlement r,5: 645 26. REPRESENTATIONS (1-02) ia: 544 (A) Buyer understands that any mpon'"ou"Als, claims, advertising, promotional activities, brochures or plans or Any kind made b} Seller, Brokers, sa 545 their licensees, employees, ulster', or pnrtnera are not a part of this Agreement unless expressly incorporated or Stated in this Agreement, it is sot 64e further understood that this Agreement contains the whole agreement between Seller and Buyer and there am no other Lama, ohligaiiom, 5tt sa covenants, representations, statements or conditions, oral of otherwise of any kind whatsoever concerning this gale. Furthermore, this 547 540 Agreement will not he altered, amended, changed, ter modified except in writing executed by the partite. Sat 544 (B) It's understood that Buyer has lexpected flit Props rt before si in this A ant Indudin Oxhrrea and an y gn g green ( R Y pc'srmml property 544 6511 spedGcally 6chcduled herein), ar has waived the right to do ag, and has a®reed to purchase the Properly in Its prrxtcnt condition unless 5yo .95i Otherwise stated in this Agreement Buyer acknowledges that Hmkeq their licensees, employeea, OWICAty or partners have not made a st .952 an independent exmoinutign or determination of the structural soundness of We pmpcrby the age or condition of the cmnponents, envf- ssz Asa ronmental conditions, the permitted uses, or of conditions existing in the locale where the Property is situated; nor have they made R 553 554 mechanical in6pedion o(agy of the systems contained lhemin- - sea 555 (C) Any repnin required by Una Agmemegl will be completed in a workmanlilo, manner. 55,5 ma (D) Bmkeris) may prrfonn. smile, to assist unrepresented parties in complying with the terms ()I' Ilia Agmamnnr. see su (E) The headings; captions; and line numhefs is lhie Agreement are meant. Only to make it eAsiat to find the paragraphs. - 557 $5e 7. DEFAULT (1-02) - 564 (A) Seller has the Option of unsi slug all sums paid by Buyer, including the deposit monies, should Buyer: ass ss4 561 ). Fail to make any additional payments as specified in paragraph 3; OR - - - aeo 561 2 Furnish Use or incomplete information to Seller, Broker(s), Of the mortgage lender, if any, concerning Buyerb legal or inanciel stator, set 664 fail to cooperate in the processing of the mortgage loan zpplieatiOn, which acts would result in the failure in obtain the approval of A 562 sea mortgage loan commitment; OR ? - ? a64 3. mViolate or fail to fulfill and perform guy other terms or conditions of leis Agreement 663 58t $565 (B) Unless otherwise rdrecked in paragraph 27 (C), Seller may elect to mlain those sums paid by Buyer, including deposit monies, in one of the Ags 6 following manners: 5ss Sea 567 7 I. On count of pumhasc price; OR 567 no 2. m"nil' 11 be nppded to Seller's damages; OR 567 no 3. s liquidated damages far each brorclt 569 571 (C) Seller is limited to retaining sums paid by Buys, including deposit moniu, e0 liquidated damages. 5711 577 (D) if Seller retains all sums paid by Buyer, including deposit monies, as liquidated damages punsuanl in paragraph 27 (H) or (C'), Bi ryr•r and Seller 570 573 676 will a mleased from funha liability or ()litigation and this Agmemrnt will be VOID. sit 574 28. MEDI ON (7-96) 573 67x 575 ? ,oNOT AVAILABLE 675 WAiVF.D. Bu and Seller understand that the 574 >? y may choose to modiste At A later daft, should a dispute Arise, hit that there will he no obh_ sly ELECTED an the part of any party to do ao. ? ELECTED u3' to rcsolue any 67 576 (A) Buyer and Seller will dispute or claim that may arise from t1i0Agreemcnt through mediation, 576 in arcivdance Kith due Rulers 571 579 and Procedures P of the Hgmc Sellers/Home Buyers Dispute Resolution Systcm. Any agreement reached through a mediation conference and Sri sea signed by the panes will be binding. 59U. set (H) Buyu and Schur owlWge th they eve roeeived, mad, and understand the Rnlci and Procedume of the Home 5 tars/ Anyesrs 581 rat - Dispute Resoht S rem (sn: cilia ' It Notice). ;9a (L) This agCrarn 1 ee t dials h:e sing from thin Agreement will survive senlemem 5a4 - sso its HPYer lni{iaLs: rte' :85 A19-2K P.C. 7 f q Salur luhials: _ c 5116 595 587 5P9 517 29• SPECIAL CLAUSES (1-02) if checked: sag Beg(A) The following am part rat-_., intent ' ? of Other PropcRy [I Settlement of Other Property, Contingency Addendum (PAS Form SOP) 59n 599 Sale & Settlement ? Tenant-Occupied Pmp;rty Addendum (PAR Form TOP) figs Contingency Addendum (PAR Form. SSP) 591 sot ? S.Ic & Settlement of Other Property Contingency ? see 592 with Right to Continue Marketing Addendum ? _ sn 593 . (PAR Form SSP-CM) {?y,,,, / ???r?.+Y? yy?^ sw 591 (B) I'v QUA/(?L/ /?'•""' "_ ?/"'7? W r / /!Wi/' / SBS !q e44,e? 12 q-- ? ? Sl L7???' Q(1? 596 666 fife '. ND k+?9"?",r?P ,C4 I y/ " F;: V- 9 597 / 597 See ?I?L.-+p-//?/.V ?LV? • 56111 690 q 599 NrQ'CdVd? /?J?O? e-iN7' rYC'7 /r'//1+/ a-?t ,1M Boo 411 501 VJ>r-ei ?/? Ylo?l'?' A'/-G?,Y?, ??I 602 6 602 .. 603 fire Boyer and Seller acknowledge receiving a copy of this Agreement at the time of signing. 604 sot cgs NOTICE TO PARTIES: WHEN SIGNED, 7'1715 AGREEMENT IS A BINDING CONTRACT. Return by faceitnik tryn9mia9i9n (FAX) of this 605 me 'Agreement, and all addenda, Waring the GiRmaturcs or sit parties, constitutes acceptumor of this Agreement Partial to this tran6actionare advised ao su to consult an attorney before signing if they desire legal advice. 906 rob We Soo ,? ???er has received the Consumer Notice me adapted by the State Real Estate Commission at 49 Pa: Code §35,336. 004 Eta B ASatyer has received a statement of Super's estimated closing costs before signing this Agretmten t. - 6111 s11 ???oyes has mad and understands the notices and explanatory information set forth In this Agreement fill fi12 a has received a Seller's Properly Disclosure Statement before signing this Agreement, if required by law (see information Regarding 612 D3 Real Estate Seller Dh9clurnim Law). d12 6 4 Dyer has received the Deposit Money Notice (for cooperative sales when Broker for Seller Is bolding deposit money) before signing this 614 675 Agreement 015 679 676 s7r BUYER'S MAILING 617 Lsa?) t3 N'-?' /•4, /70I3"?? 676 eta 919 1HUYER'SCONTACT NUMB 5FAI: 97 - G _ SIR . 10 Rl 620 620 ezt WITNESS ROPER DATE. eta 622 SSIf _ 623 y 623 621 WITNESS HUYER DATE-j 624 1125 SSg 625 626 625 e27 ?WITNSSS R DATE_ 627 920 S. 626 629 526 039 Seller hereby approves the above contract this (date) , 530 031 And in consideration of die services tendered in procuring the Buyer, Scller agrees to pay the named Broker for Seller a fee of Bat 932 ofi(Tom the herein specifedsal 'oc. In the event Buyer defaults hereunder, any monies paid on account will be divided 3 a T 632 633 Broker for Seller. but in no event. will The sum Paid to the Broker for Seller exceed the ahnve spccifld Broker's fee a13 ? 639 as lier has received the ConsorDer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35_136. - 61r, 137 Seller lma read and understands the notices and explanatory information set forth in this Agreement 637 ifirr 626 97t ler has received a statement of Sellers estimated closing cost, before signing this Agrecment sir. e2e 030 639 SELLER'S MAILING ADDRESS: ?1aYr7? 030 640 son 641 SELLER'S CONTACT ER(S): _2 2?? 641 612 612 6113 WITNESS ! SELLER 643 7DATE-A eta 619 644 649 ?V1'I,TiESS SELLER ? -O'er a?s D7 SSI 647 file a49 019 WrTNESS SELLER DAIE_ . 949 sso 651 eso 057 Bm tcen6va' CepllBcatiom (check all that arc applicable): 951 662 552 Regarding Low-Based ni-on oo behalf Pawl rards d their bmk, quired if Property was bull before 1978: The undersigned Licen9G:e involved in 653 554 this transaction; of thcau roselv u and their rokers, certify that their statements are true to the beet of their knowledge and belief. 654 ifs Acknowledgemeut: The Licenscw involved in this transaction have informed Seller of Seder's obligations under The Rcsidcnfi:d Lend-B.scd 659 556 Paint Hazard Reduction Act, 42 U.S.C. §4852(d). and are aware of their res(xmxilnliay lu -Mauro compilm". 656 957 657 155 Q Regarding FHA Mortgtigm: The undersigned Liccnsces involved in tins transaction, on behalf of themselves and their broker s, certify that fire D9 the terms of this contract feu purchase are bare to the best of their knowlcdgc and belief, and That .ray other agreement entered into by any of 559 AD these parties in connection with this benractinn is attached. to this Agreement, son fit 667 62 ?i Regarding Me liatlm4: The undersigned ? Broker for Seller ? Bmkcr for Buyer agree to submit to mediation in accordance with e62 63 p9tagraph 28 of this Agreement 64 663 66 BROKER FOR SELLER (Company N 76 ACCEPTED AY so DATE sae 17 +s BROKER P FOR BUYER (Company so i9 ACCEPTED BY r DATE --?g--?p?• so see 0 6711 AIS-2K Page S of g 670 SELLER'S GOPY ;.DEC-02-2005FRI 10:2'-' GRAHAM MOTOR 00 -49?998 P, 02 12/8212995 99:58 717-751-1A99 J" SAUShETlN ERA PAW 87 12f W2416 I'vsa 717?S47rX7 Kl ey WHIT% %O CIL PW 92 lVal2WE Viol 717-11-1945 = GNSHEN EPA PAGE WN tomiIDIII Am;olAxAi. fB) EVA,= V a Dojmf s D;tEBIt _ i nmaRv 33m7O C77affA!l?A?t?iWAKOMAJ IT ' bta0trrrattouar4t rtawpm od a m@aapvow"* • ?ti .1i",y?a.OS?yr?+Msv csfGaltMataD?' _? wowr; a n e .rw +. - - ? ?toablutlAAASSa+r??+ '1. Cl Diner =so 45 bwav t an oa -am aa6oW is 0 bons nprft cs bG?geuorYoanRaA a(!st?NsbltPaliieoo'*fmwmQf%s Pwmmt1• w • ? t7Ylle>hgtfractF9R'.wpaar,l?.'rrMr.e?+sgw?falYwrhOnpeb?rwe?arrrwslntRra n ?tsarYirrlDaAatrn;-- - - r w '- r r _ ? ? QG'alarlaiE'1sRa?nANsHtia?peaae, ferMEwlhdlR?t?tt!}Iktt?dRfMAtfal?r?Mf?16Ur ¦ agra[ttilissAQaYabtaCoateadne)oapan?D ? a C i? OnAMt ttllwt oMl ra?+ - b+Nrl raa+tr of>?aaYw amaae9ooa b llr r lPatW titAao?r?bdewst?eyeeitti7t?gr?, M IL 13 Cap b'SaarAO+s=MWdwrwcd#rApmwdopa*S& "jo@wawra!'Dea Me?1dw+. r #tia?IRiDDDp s nuar ile'mE6! mum Dx'1® era" w 1?DDDIrl -4fASlA11r ?ae1°"°R?OAy ,u AtrraonfMlYDr27D1MR1?s!rfa w L Q mat ?[711M7 lA aMAlttarpd9eaYr[Yt?apopA -5r_.?,wpApoowwri!•oirio/oQb r AmrwprbAnsrlrt?+craph lmr.r_„dOeAeaer.tYwmMdr ?? oc s.Yiotbno}rkda4aall9psleat0? Dr„?„dieMwMaY?lr as AYtl?rnlwddaspsM4rcTlirbArrMib?ANwnae, -.?? r 2 ?6 0 of AMiamEDltrt laaNeraNaa? is atryasAsr, . tt =a-- m w i Q SirAffliq IOW W 3 pq i ??+?+ D?stY +bY helms" dl tcdc[ B'ssl) r 9.0lriMwpalm rwoma eltsfo*mow Ami ?S w !.d Macyge 4ahtsprtAar! *! _ Aa dsr . f keaEr :mot ...._DAZI. -?r~ r bass Des ,'' -?? 4 E+17M? ?? w rrwrw.9 a?af?e7iag11wrr mww b} ? w x -o r C:i ? t'n ? A W ? KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 TRINDLE ROAD, SUITE 201 CAMP HILL, PA 17011 (717) 761-7573 (beam@kopelaw.com CHARLES M. GRAHAM and ELAINE B. GRAHAM, Plaintiffs vs. MICHAEL SCOTT VENCIL and NANCY WHITE VENCIL, Defendants Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4122 CIVIL TERM CIVIL ACTION-LAW NOTICE TO PLEAD To: Plaintiffs: YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED ANSWER AND NEW MATTER WITH COUNTERCLAIM TO PLAINTIFF'S COMPLAINT WITH NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully Submitted, ASSOCIATES, LLC Esq. Date: August 24, 2006 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY ID 91175 4660 TRINDLE ROAD, SUITE 201 CAMP HILL, PA 17011 (717) 761-7573 CHARLES M. GRAHAM and ELAINE B. GRAHAM, Plaintiffs vs. MICHAEL SCOTT VENCIL and NANCY WHITE VENCIL, Defendants Attorney for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4122 CIVIL TERM CIVIL ACTION-LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND COUNTERCLAIM NOW COME the Defendants, Michael Scott Vencil and Nancy White Vencil, by and through their attorney, Shane B. Kope, Esquire, and file the following Answer and Counterclaim to Plaintiffs Complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. By way of further explanation, said extension of settlement deadline was executed December, 2, 2005. 6. Admitted. 7. Admitted. COUNTI 8. The Rules of Civil Procedure do not require a response to the advent 1 contained in paragraph eight (8). Similarly, Defendants incorporate herein paragraphs one (1) through seven (7) of this Answer. 9. Denied. Defendant Nancy Vencil never advised plaintiffs agent that she would not settle in accordance with the agreement. By way of further answer, Mrs. Vencil had requested further extension of the settlement date so as to give Plaintiffs Charles and Elaine Graham time to make necessary repairs and corrections to the condition of the home as previously agreed upon and in accordance with the written agreement for sale. 10. Denied. Defendant Nancy Vencil did not at any time state that she did not want the property, nor that she and her husband, Michael Vencil, co-Defendant, would not settle. On the contrary, Defendant repeated her request to extend the time for settlement as Plaintiffs had not corrected the condition of the home as required by the addendums to the agreement, nor had they kept the house in the required condition. Defendant asked for said extension in order to proceed with the purchase. 11. Denied. As of December 9, 2005, Plaintiffs had not performed all obligations nor satisfied all conditions on their part to be performed and/or satisfied under the parties' agreement. 12. Denied. This paragraph contains no averments of fact but only a conclusion of law, to which no response is required. 13. Denied as stated. To the extent that this paragraph purports to summarize, interpret or characterize the written agreement, that document speaks for itself, and the averments of this paragraph are therefore denied. 2 COUNT II 14. The Rules of Civil Procedure do not require a response to the advent contained in paragraph fourteen (14). Similarly, Defendants incorporate herein paragraphs one (1) through thirteen (13) of this answer. 15. Admitted in part and denied in part. The undertaking of the digging of the well was with Plaintiffs' full knowledge and consent, and hence was not without authorization or permission of the Plaintiffs. 16. Denied. Upon information and belief, the digging of the well was completed professionally and efficiently, with very little disturbance of the face of the property. On the contrary, the addition of a well to the property was an expensive undertaking which added substantial value to the property, for which the Plaintiffs have not contributed. 17. Denied. On the contrary, Defendants aver that the sum paid encompasses repairs to the lawn as a result of repair work performed on the septic system, in order to bring the system into compliance with the law. Furthermore, as stated above, the undertaking of the digging of the well was with Plaintiffs' full knowledge and consent, and hence was not without authorization. NEW MATTER 18. Paragraphs one (1) through seventeen (17) of the Answer are incorporated herein by reference as through the same were fully set forth herein. 19.. The agreement signed by Plaintiffs and Defendants on August 18, 2005, called for all inspections by parties to be performed within fifteen days, by the 2nd of 3 September, 2005. Said agreement also maintained, in section 23, that "Seller will maintain the Property, grounds, fixtures, and any personal property specifically scheduled herein in its present condition, normal wear and tear excepted." A true and correct copy of the Addendum to Agreement of Sale is attached hereto as Exhibit "A". 20. An addendum to that agreement for sale was executed August 29, 2005, extending the deadline for performance of inspections to September 12, 2005. A true and correct copy of the Addendum to Agreement of Sale is attached hereto as Exhibit "B" 21. Defendants exercised their options for inspections within the timeline provided, and proffered the results of these inspections to Plaintiffs. 22. The general property inspection was performed by Biechler & Tillery Inspections, Inc., of 2843 North Front Street, Harrisburg, PA 17110. Defendant Nancy Vencil was present during all parts of the inspection. A true and correct copy of this inspection report is attached hereto as Exhibit "C". 23. The on-lot sewage disposal inspection was performed by Young's Sanitary Septic Service of Dillsburg, PA 17019. This inspection showed that the septic system was not up to code as the gray water was not discharging into the system. A true and correct copy of this inspection report is attached hereto as Exhibit "D". 24. Upon receipt of these results, Plaintiffs and Defendants executed a "Reply to Inspection/Appraisal Report(s)" for each of the inspections. 25. On September 9, 2005, Plaintiffs and Defendants executed a Reply to Inspection/Appraisal Report(s) in reply to the Biechler & Tillery general property inspection mandating that Seller would, at his expense, make repairs to the windows 4 and adjustments to the doors as noted in 14 and 16 of the report, caulk the chimney as needed in 16 of the report, and address the heating and cooling repairs as noted in H3 and H11 of the report, including cleaning the air filter and fixing the liner in the firebox. Said repairs were to be made in a workmanlike manner prior to settlement. A true and correct copy of the Addendum to Agreement of Sale is attached hereto as Exhibit "E". 26. On September 21, 2005, Defendants and Plaintiffs executed a Reply to Inspection/Appraisal Report(s) in reply to the Young's sewage disposal inspection report mandating that Seller would, at his expense, make repairs to the disposal of gray water from the washing machine and dishwasher as required to bring the septic system up to code. Said repairs were to be made in a workmanlike manner prior to settlement. A true and correct copy of the Addendum to Agreement of Sale is attached hereto as Exhibit T". 27. As a result of her chemical sensitivities, Mrs. Vencil requested permission to dig a well on the property. On December 5, 2005, Mr. Westbrook of G & R Westbrook of Boiling Springs, PA, arrived at the property in question and dug the well in a professional and competent manner. Prior to this, Mrs. Vencil had spoken with the Plaintiffs' real estate agent and Mr. Westbrook had spoken with the Plaintiffs to get the Plaintiffs' authorization of this action. At no point did the Plaintiffs' indicate that they would not permit the digging of the well. 28. From September 21, 2005 until December 6, 2005, Defendant Nancy Vencil was not permitted to walk-through the house to confirm that the necessary repairs had been performed. 29. Upon arriving at the property on December 6, 2005, Defendant Nancy 5 Vencil found piles of leaf debris on the property, around the foundation, and clogging the gutters, a water demarcation line in the basement from recent moisture damage, a white substance on the walls, a crack in the drywall in the garage ceiling extending three feet to a closet, a pungent mold odor in the garage closet, and mounds of topsoil and disturbed lawn around the septic system opening. She further noted an acrid quality to the air inside the home which irritated her eyes, sinuses and throat. None of these issues had been present during her walk-through with the inspector back in September. 30. Defendant Vencil also observed that the well had been installed with minimal disturbance to the lawn. 31. Defendant Nancy Vencil returned to the property the following day with two more contractors and Jodi Diego, the realtor's assistant. All four individuals smelled a pungent stench on the second floor after a toilet was flushed. The representative of FM Berkheimer, Inc., of Mechanicsburg, PA, found that the ductwork, baseboard and air filter needed extensive cleaning. Edward Slesser of David Leroy Plumbing in Lewisberry, PA, confirmed that he found signs of mold and moisture in the home. A true and correct copy of this letter is attached hereto as Exhibit "G". It was unknown at that time what caused the stench upon flushing. 32. After this walk-through, Defendant Nancy Vencil informed Ms. Diego that settlement would need to be extended as it did not appear that all of the required repairs had been performed, and additional problems had been found that exceeded reasonable wear and tear. 33. On December 9, 2005, in spite of the fact that Plaintiffs had not made the 6 required repair on the air filter, it could not be confirmed if the septic work had been done properly, and the condition of the home was altered beyond reasonable wear and tear, the Plaintiffs pressed the Defendants to settle and threatened legal action against them. Defendants refused to settle on that day as Plaintiffs had not fulfilled their obligations under the agreement. DEFENSE-FAILURE OF CONSIDERATION 34. Paragraphs one (1) through thirty-three (33) of the Answer and New Matter are incorporated herein by reference as through the same were fully set forth herein. 35. Defendants entered into the agreement solely in consideration of the performance by Plaintiffs of the promises made therein by Plaintiffs. 36. Defendants have performed all of the promises and conditions required on their part by the agreement, but Plaintiffs have failed to perform as provided in the agreement, in that Plaintiffs failed to make all necessary repairs as per the air filter, have failed to confirm and complete repair of the septic system, and generally have not maintained the property as required by the Agreement for Sale. WHEREFORE, Defendants demand judgment against the Plaintiffs and costs of this action. COUNTERCLAIM Defendants hereby bring the following counterclaim against the Plaintiffs, of which the following is a statement: 7 COUNT 1-BREACH OF CONTRACT 37. Paragraphs one (1) through thirty-six (36) of the Answer and New Matter are incorporated herein by reference as through the same were fully set forth herein. 38. Plaintiffs failed to perform their obligations under the contract by, among other means, failing to clean, repair or replace the air finer, failing to fully perform the repairs on the septic system, and failing to maintain the condition of the house as required by the Agreement of Sale. Please refer to Exhibit A as explained above. 39. As of December 9, 2005, Defendants had performed all obligations and satisfied all conditions on their part to be performed and/or satisfied under the parties' Agreement. Defendants stood in wait for Plaintiffs' to fulfill their obligations. 40. By refusing and failing to perform their obligations by the settlement deadline, Plaintiffs stood in breach of the Agreement for sale, 41. Pursuant to the agreement, Plaintiffs breach authorizes Defendants to retain all sums paid by the Defendants, including deposit monies, in the event of a seller breach. WHEREFORE, Defendants demand judgment in their favor and against Plaintiffs in the amount of $5,000, plus all applicable interest and costs, and an order that ERA Jack R. Gaughen Realtor may disperse the $5,000.00 it holds in escrow to Defendants. COUNT 2 IN EQUITY 42. Paragraphs one (1) through forty-one (41) are incorporated herein by reference as through the same were fully set forth herein. 43. In expectation that Plaintiffs would fulfill their obligations and complete the sale as required, the Defendants entered into a contract with Westbrook to dig the aforementioned well on the property, of which the Plaintiffs now have full use. Defendants paid in full. Said well did in fact improve the value of the property. 44. Fees for the digging of the well and all related work amount to the sum of $2,997.00. Defendants have paid $507.00 of this amount to date and have a remaining balance owed to Westbrook in the amount of $2,490.00. True and correct copies of Defendants' invoices from G&R Westbrook are herein attached as Exhibit "H". WHEREFORE, Defendants demand judgment in their favor and against Plaintiffs in the amount of $2,997.00, plus all applicable interest and costs. COUNT 3 IN EQUITY 45. Paragraphs one (1) through forty-four (44) are incorporated herein by reference as through the same were fully set forth herein. 46. In expectation that Plaintiffs would fulfill their obligations and complete the sale as required, the Defendants paid for the inspections of the home and property. Copies of all inspection reports remain in the custody of the Plaintiffs to be used at their disposal for negotiation with other buyers. 47. Defendants paid the sum of $520.00 to Biechler & Tillery, Inc. and a sum of $300.00 to Young's Sanitary Septic Service for said inspections. A true and correct copy of each invoice is herein attached as Exhibits "I" and "J" respectively. WHEREFORE, Defendants demand judgment in their favor and against Plaintiffs in the amount of $820.00, plus all applicable interest and costs. Respectfully Submitted, KOPE & ASSOCIATES, LLC Dated: August 24, 2006 10 STA P AGRRLtMENT FOR THT SAL T2$1ALFSFATE Afs-2K thi, fwm remmm? 'WIw.lW msrrauiardmmeby, dL monbmdteeik M PvrOmaHAAUOASa (PRA.. • • SELLB U reran flea. .. _.. BROKER(CompanY) FKG ,,W,. Td? .NE ADDRBSS ? BR OKER IS THE AGENT FOR SELLER/De119 aid AAent(s) for Seller, d Applicable: OR ByekeekNOT the Agmtfoc SeRrg ntidkahB: ?k(IMPORBVYFdI : (]TRANSAL11DN 7,fL'FNSR6 ROVER ^'$,H116FPIE5'-ELA IO WPPN'PALICF„NSED BROKER FU R(Comisany), ?/?i?L RtN 'NfT _ ?li- PHONE SS ?i1 ,q?iftr - /' K 1 70/ /' PAR 7G /-=L'f<4J? r o Ilead IS THE AGENT TOR BUTEA. DealgBned AAmrits) In BUyair, It PP -- . is NOT the Agenf for flvyar and U don: nGRNT 1rORSELLER (] 9UBAGBNT FGA SEId.ER. Q TRANSAC1iDN LICLNSBB I Whm the same Beokp is Agent far Seller and Agent for By- r. Bmker is a Dual AgtnL All of Bmker411"mtecs ...I" DOW AgmD UNLESS Ihere rem acpnA4 Dedgpakd AReais I. Bny= annd Seller. D the same Unowre la dndgnaled for sane[ and Bneri floe LlOrerso Is a D04 Agent- 1. 01%rMnitnt, ,.lad-s?il-fi?oSl° /14??J"X'o?- --,is Mwem a SELLER(S): ?6WAf-g r U4/1??' -- a e A x s la D v u, u is I, n G 11 20 21 n U x/ 15 is 17 a 0 31 as v x ae B m tl u G 9 46 a w n m B u is a 9 i 1 BVMR(S); PROPERTF (1-BB) Server hemb7 apes b sell eM ennvay m Bvyery ALL THAT CERTAIN lot or Piece Of {mood with bupdbya and fm, called -SAXIAO' Audi "lied 'Buye." aa: in tics _Locf?ucA,L_ of-YF-/ r-f County of in the Commnnweallh nt Pennrylvanie, Zip Code Mortification (e.g., Tax ID F; Pared A; Let. aleck) Deed Hoek, Fag-, According Date) 3. TERMS (1-02) (A). Purckaae Price a s 5 6 x e s to n 11 D N ss dgsq /L ,? V,% Dollar, n wMch will bk paid W Sailer by Royer as fol am, t Ill 1. Cm6 of gMck m signin6 this Agreement SJ• is 2. C+ah of shuck wifldn-days of the comedian a this Ageomem: H 1s 3. S al 4. Czah.as .'s rwtiW cheek L[Bmeofseek4 t S -2 /Y Ix TOTAL 5 T ax (B) Depaib paid on account of puroham price to beheld by Broker for sag'. useless olhrraviae 'fated Moe: v 25 (C) Seller's wriken approval to Mon Or before: x (D) Sememenl to be on ?>rCtny 2 , m before if Buys and Sclter agree n . (E) COOmYmm from Seller will be by fire simple dead of spedai wamnty met. ?adh=wim statod here: as (F) payment of Bposf= lama will be divided equally between Buyer and Sell=' unless otheswire'auted hem: v _ _ s1 (G) At tuneahetrS<menq Uefol(owiag wBl he adjusted pioeau'onhdaily'bniebc?wucnBuyer and Seller, m(mbmsing wkme ry>plicablr.lnxcs- as (sec lufwmaum RrgardinH 7ka Pmruion); n:nte: inmu[ m mndgage asaumpUam; contlominium fees and 6omeown= eae?xiflion fees, if a any: water mtl/oc fewer fees, if my, together with my miser lim-blt munidipal service: The d%%4 are to be pm-sated for the period(.) "la- eovaed: Seller will pry up b fed including the date of settlement: Buyer will pay for all days following aettkmcnL unless otherarise stated a here: as I 4 RH kTR'11 R O ... ... .. .. ?Q P O i , S ) 1 BBS NALP OPBRTY ffA ae (A) 1NCUMSD in this sale said pocheeu price tie sit rIbaing ilymgpermatnntly?installed in 1M.Psaperry, bra Of liens iuciuc'.ing pl rmldpg;`. as hefting; lighting Briurso (including chandeliers And ceiling fma); was= h®hrimt sysmme; pool an d spa equipment: staagn door openers ,f and omemittmi; tolevisim arame s; sluubbery, plamings and unimmard saes; my mmeming Madng and eaaldng fuels sfored M the G Property at the dme of arldera b wall to will carpeting; window covering h mwam, • adu and b' dr. built-in air conditioneu; built-in a applimcee; top tho kind van unloas oll arwise Ift". lm included: Ia.ASfh- 4?_ e- ? A G K tJ AShh,.1hLC+,a.Nrrri pr,- I (B) LBASED treat, (rem 'hy5ellu): _ Wbol ay (C) EXCLUDED tixmma and items: n ae DATS38fpM$fs filpTDEBSSgNCE (x-BZ) n (A) The and data for mttlem"t and all =hen dabs and time, seemed to fm rite poctuou"m of any of the obligation of this O.greemom am m ' agroal to be of the esaotwc of thia Agnomen and me Wadi., at (B) Fm the purposes of this Agreen rot- mombrr Of days will be oriented Aron the dam of execution, by excluding the day ihu A;;mMncnl was ar emeoubri end ideludmg the lest day of the here period. R (C) The dab of aurBamat i. nor exootled by Any cuter provtabn mf Nis Agreemeotiand may Only be eamdad by mutual writbn -,peernent of sa the pardm. R ? (D) Certain lime foe Pm-pdv in ALreemrnra+aomveniwoa to the Htyu and Sclltt. Any prt-panted limePdodv rx/niegmtivb]n and may be c m(km Pmpaned wxt and in5crdng a diR=cnt time period acceptable b all Parua. 1 / , , T _y J 0.. . sa s y B(rar, )mdala: t ABSA PageloCL SO ® EP HA . NBPn soy carrglcBxyermsvLVarotA ??yoT R~AAaTOR ', I MM?w1M1•eAtwly,.a ' I III it ,la. 61 13 el !! N tr ee ' b9 ? TO it 12 is 74 is n to 79 as at H N 14 IS 11 st u N N ,1 n as 14 N N m N N to of IN tee IN its IN IN log Ins nor III 112 112 III 11! III ift rte w ire la as 123 124 IN 31 127 is Ira 1. at to tea 1!4 Iss 1!6 er tae +aa '10 lit H2 14 as 41 MOET(IAGE C(INTWGEN 43) - sn ? IVPD. Lbis sale is N0 _ )rat on mnngage financi fit LBCd m (A) r a pul. ei s cpndngmt upan ecobbRiOg 7far((agE financing u foBowc 1. N 1. Amwo[ ofmong-ge 1o.. ,n S l ?I/f1 is 2. Minimum 7wm_ - Yv_.Fit 3 as 3. lypeupmortgage Clad A. Interest raw ra however, Buyer agrees m accmpl the intlaned rate m maybe committed by the marlgage lender, not to aseud aminimumimescurateof 4 0 5. Uiscount pomfig )run origin ton, loan placement will other fees charged by the lender u a paoenmge of the mortgage tom (excluding any mortgage insurance premiums or VA funding fee) Milo earned f) 7a (09b if not 3P-6fid) of the nwdgage lean. 'ITc Interest me and fees provisions required by Buyer are satisfied if a mortgage leader aides pvvilablu w BUyes the right to gmrmlee art interest rate at or below the Maximum Interest Rae specified herein with the percentage fees a or below the amount specified herein. Buyer Lives; Sella the right at Seller's sole option and as permitted by the mortgage leader and applicable laws, to contribute financially, without promise of reimbmaemenr, to the Buyer and/or the mortgage lender to mate the above tams available to Buyer. (B) Wllhin_DAYS (10 days if not apecified)of the e-ecdon of this Agrm,mnt, Bayer will make a completed, wrinm mwagage opplicadon for the mortgage same specified above or a lesltomible mdgnge trades. The Broker far Buyer, It any, otherwise the B. dr" for Seller, is vuBmrlxed to communicate with the mvrtgagx: tender ?r the of managing In the mortgage loan proves. I vp! . If a wdura commimwnt is n°l received by Seller by the above dam, lloyer (C) I. Mortgage <ommibpml d,4 OCn l f and Better agree in arms le mnngege ewnmltn,mt am. uaill Scller Iermin,lu tbG Agreement to writing by nn0ce b Buym. 2. Upon receipt of a mundane commitment, Buyer will promptly deliver a copy of the mrmnitmel, in Seller. 3. Scller has ft option to Iemdnete this Allotment in writing, after the mortgage commitment date if the mortgage commitment: a. U rant valid until the date of ficul t, OR h. ]s cadidmed upw Uwadc vd zmemmt of any other properly, OR c. ConlAie any other rendition not specified in this Agreement dart is not mtisficd MNor removed in writing by the mortgage trader within 7 DAYS after the marlgvge commihnml dad in pmgnph 6 (C) (1). 4. If this Agreeraad istemmioad as specified in pamgraphaA (C) (1) in (3),6r the mortgage loan 'is notohained for seniemen( oil deposit monies paid an accaml of purchase price will be returned to Buyer. Buyer will be responsible for any premiums for meculd& lie budisI re andiM tide search, or fee fm "recall-two of seals, if my; AND/OR any premiulna for flood Iuuwum, mine mbuidmm insurance anNm bra mar, . ante with-sanded cmaagc" cenmlladen fee. If my; ANDIOR any appraiml fee and charges Pad in dvmea to the wntgage under (D) If dbc mortgage lead-requires repairs m the Property, Baye, will, upon rwcitd, dcliva, copy of the moRgagc Imda', rewbemenn 10 Seller. Seller will, within _S_ DAYS d'receipt -fit- mortgage lender i requhremerm, notify Buyer wAaha Scller will make dal required +cpalm at Seller's eiPmz. 1. If Selienclaue to make she requird.etaira, BuyerwiUa pt the P,-WdY and-S..tothe RMLA+ SButforthinpwagnph2 of this Agreement. 2 U Scum cheeses net b makv'thc rcquild mpairsixr if Seller hip m trrptmd within the time given; Buyer will. with., _9._ DAYS, notify Sella in writing of Boycr'e choiw ro wmtinam this Agreement OA moire Um required repairs al Buypr'e "pmx.md with Sella', Perd"I'l, which will not be U, mably withheld. If Sella denier Buyer permission b make the required relain, Boy. nor, within _,? DAYS of SeBa's denul, Itlminac ids Agmemm( in which coz'ell deposit ramie paid rat aeeeunl of purelmx price will be ruddliall promptly to Buyer and this Agremgmt will be VOID. (I) 'Sell -sing' NOTACPLICABLE ? APPLI W LE Sella will pay. ? S .mmimum.lowazd BUya'-coatiu pamiuad by ohs mortgage leml". 71 m ao al N u 14 es 89 V as IN tat in IN IN Ise 10 IV Ira ore Ile it, 112 111 11a IL' lit. llr In IN lm III in in 124 Am In 111 IL 1]y I]n pl 122 tN no Uu i]a pt rte' IM 140 141 lax 14, w I+s (F) It is expressly agreed that uotnidremding my other pmvhdora of Ilds canna( Buyer will no be obligated in complain the purchase of the limitary dewlibed herein or ro incur -ray penalty by forfeiture of erupt money deposits or otherwise lut ess Bayer, has been given, in accor- dance with HUDMHA in VA requirements, a written axiemral by Ile rederal Bmsing Commissioner, Veterans Administration, or a Due,, Bndonement Linder zmng forth He APPndad value of the Pmpeny of not less than S (the dollar amount in be totaled in Iha, sales pd. as shard in this Agreement). Buy" will have the privilege 'on of pro tiding with conaumnaUon of the mn- nat without regard w the amount of the appraised vNialkn. 7hn appmizd v,!vggdgbs Is arrived at to deft mirx the mmimvn mortgage are IXpaunen of Housing sad Urban Development will insure. HUD does not t the valor or the condition of the Property. Buyer shield satisfy himself/hmolf that the price mtl madluon of the Hvpety use ac able, Warning: Section IOlO of 73Ue Ig, U.S.C., Department oC 'rag md'Urlran DeveMpmml and Pcdcnl Hearing Adminis,atinn 'hmeacfima, plmvidea, "Whoever Ira the purpnz of.. , idtlu rag in my way the action of such Department, makes, puua, men; in pub hisses any statement (mowing Bon same to l false... s filled under this title or imprisoned not come then two years. in bath." (G) US Depastmmt of Houasmg and Urban Deelapm IUD) NOTICE TO PURCHASERS: Buyer a Ackmwledgemmt ? Buyer has rcmrved the BUD Nodes R+or Ym action: Get -Home Inspection" (see Notice and Information on Pmlleny Caudill. Inspections). Bury" mdentanda the Impo ee of getting m indepeldmt humm )nsPecthm cud hN thmght.)m3i thin Niue. signing deb Agreement Buyaundasanda ma F will n" perform • home impaction raw guarmree the pries or condition of due Propeary. Brayer a Inithus Date (H) C"ttEratim We Ube uadeagzd, in(s) and Buyer(s) Wry to Urha n ncLibn cash cmntfy mot the toms of thismnaam Err pumh4m gir true to the best of ore kmwledg d belief. and that my °der agreement entries into by my of than pasden in connmtim with this nacezi, tiro is anachdm[hit A t - I7. INSPECTIONS (1-02) (A) Soda agrees ip pemh spedonsby authatiwd apprxiavra, mp We oatifica, iatmr'3 rcpmamnudves, -urvcyon, mmdcipal oRteials red/" Boyer as may be ired by the numgage lends, ifmy. or insuring agencies. Soil" further agser_s in petmir any other innpectimc required by or provided a, inspea;ma. the lime of this Agree mevt Buy" hm lhP I. m artead (B) Buyerres > the rigtn so make a Pre-umenan wall-lluongh ones. of the Pmpcrty. Buy"'a right m mwke this inspection is nor waived byre thurprov(dan olthh Agreemeult - (C) -dim will hula holdig and all utilities (Including fuel(s)) m far the inspethem' (D) All inspectors; including home iaepndore, are authmited by Buyer to provide a ropy of my reports to Broker for Buyer. & PROPERTYBVSPEC170N CONTINGENCY(y-04) tWl"prwr'ms mflthis Agroeunmt may providefor inepcaians andfar rrniiutimetha are roue waived orals"eel 6y ?uyele d-cUrm seas. ? W Buyu ummleale thd Bayer leas me option m. rvquen inAr¢[;thus M the Property (see Fyopeny tnvpeetimu Nodw am me W Nodmu). Bt1YeR WAIVPS THIS OP2ION and agm m the RELEASE rtes fauth in paragraph 25 ofmia Ag,xmcnu. i Bt.I'LTRD (A) 3Ylhin DAYS (15 drys if i a apeciB.d) of dm e-ecvoon ei this Aga-s eat Boyer, at Buyw•. expeefe, cony chonan m have inspire. arms md/or cenlBndom complced by licensed in otherwise qualified profriiion,13 (ace Propetty inapxtim Nai¢n and I!nvimnmrmal Notices). ibis mdngmcy dues oat apply to the followhg cabling conditions andfor hem-: D t?/171s"t j (B) -hvuld Boyer elrctmLeroehovw inrpecum oflhe Propnty,mdefiNd(n the Polobryh'ania Homelnapection Law,(ae-Tafo aeou RegaNhng the Home Inspection Law) such bone anxpesdon -hall be performed by a full member in grad standing of a national home inspection creel- adon, a by a n mperviad b hell mwber of a utimA home inspection aasoaidon, in ••"ordmce with the elhi darr(.a,rd role of conduct dr mice of mat a I 'm, A licensed as registered pmfeaetmal PiWe er. as a gmnsd or regivel arch) Buyer lniUate ArS-21f Pis, 2 ora Sell"IWHaIr. ?-. I.e " Ikon of the Ito as staid in an wrifmn ?vdll t^ ((7 Buyer is not lebefsed wtt € d" perry Y 7i?_ Eta in Option 1. Within the timYww -s emmplding ld:pediom; - 25 df ibis Agflcmen40R Ha e with die information slated in the moon(s) and agte, to the RELEASB+a[fadh in PsrlBmph liar I. A ? th pr led 2: Ibtmmale ibis Agreement in writing by notice to Salley. in which rose all deposit man)ef paid on kacwat of purchase price will be rcmmed 151 tai promptly to Buyer and Jtis Agetamant will be VOID, OR tsar ' 3. Eiuuintn a mutually socep'^ble written agreement with Sella providing for my repairs aimpmvemanta to lh; Psopmty andfor any edit 151 151 to Bu)a at ardleman4 as may be sva amble in the mortgage ludo, if any. hs:. IN Should clfan an mach a munAlly, acceptable agreement fail. Buyer must choose in Preen the Property err taminamAmi Agreement within Ise 155 the time given for cmnplet g impecdl And according to the provisima, in paragraph g(C) (Option I) 1 and 2. Iss iss ? Option 2 Within the three given fm compldng fmpeellons: I. to 1. Accept the pr i aty with the informal. deed in the..port(s) and agora. to the RELEASE act lath In paragraph 25 of this Agreement, in tie UNLESS the total cost in comer the conditions contained in die report(s) is funds than S - Ise ids 2. If the total tort to comet the conditions eontainod in tc report(s) EXCEEDS the amotmt specified in paragraph SIC) (Option 2) 1, IN ids Buyer will d'eliva the rtport(A to Better within the them yjvm for basketball. Ise tai Seiler wtl, within 7 DAYS of r.dvtng the rzpart(s), Insured Buyer in writing of selkr'a deice to: taI IN (1) Make pairs before settlement so that it. remaining cost an repair conditions eontorsed in tic reponfx) is Ins than or equal to in in the amount specified W paragraph 9 (C) (Option 2) 1. IN cat ! (2) Qr.6( Buyer at s lthenal for the difference between the satiiugal cost of repairing [be conditions contained in tic repairs) Ili has and the amount specified in paragraph g (C) (Option 2) I. This oplim muslhe acceptable to the mortgage code, if any. 145 rn (3) Not moke..pairs and nut credit Buyer at settlement for any costa to mpah conditions contained in the repot(,). - Ise 157 b. B Sella chooses to maim repairs m credit Buyer at settlement A, specified in paragraph 8 (C) (Option 2) 2, Buyer will accept the tat 01 Property and agree.. the RELEASE set forth in paragraph 25 of this Agtcemenl IR In c. U Sella chasms nor to make rryAim and not to credit Buyer at senkmaq a R Seller pile to choose arty pptah within the time +15 in ! given, Buy. will. with. 5 DAYS: rat in (1) Accept be Property with the information stated in the report(s) and igtte in the RELEASB sec faeh in paragraph 25 of this IT in Agreement OR it. to ! (2) Tkandrian(him Agreement in writing by aaice to Seller, in whi?h use all deposit monies paid an accountaf purchase price will 17: vs be ohumed pmmplly be Boyer and this Alluviums, will be VOID. II to 9. WOOD INFESTATION INSPECTION CONTINGENCY (1-0) - IT 171 ? . Bvyesundaetarde that Ruyahae theaption to coined that Elie Property he inspected forwood inhibition by a astificd Pest Control In In .mc. BUYER WATVF-9THIS OMON.d agrees to-the RELEASE art filth in pmgmph 25 of lhi, Agtc .L IT ere ELECMD - 17. I" j (A) Within -DAYS (15 days if net spedPrd) of the execution of mSsAgt¢ t, Buy", Al HUy.'x expense, will olvzim A written "Wood- m In Diswying Inace Infennlior Inspection Report" from a cmifsd Put Coming Oppotor and wig deliver it and all supporting documents and it tai dnwingm prodded by the ped Corot Ophhalaro San, The'find it m he made NAWRIctvry m and'.. compliareawith Apldicable laws, mat- Is era (pge lenders, Adlp Federal Infusing And Geneateei"g Agency rrquivernents, if any. Tile inspection will include all eadily viable and is In discussible areas Ball swcrosa on the Property ettepl rim following atmcmtes, which will not be Inspected: ! C e*,12 s3 I1 184 1 Is in !. (B) H it. inspection revule evidence of active infealation(e), Sell. agrees, at 5 Iles s cxp"ne and before ertlemu4 in Kan in, antive infant 14 to lion(s), in accordance with Applicable laws.. 5 in (C) If the inspector reveals damage from added inf d a ian(s) or inferiors infeanto d(s), Buy., a HUy"'s uprose, has the opNan m obtain a writ- t6 In ten report by A professional summate, home inspedan-icg or mo-hend ,&in-ills[is Himadse,trutinl damage to the Prepanyu.fail ta Ira by isms destroytng organisms And A pmpmol b repair Elm dmnego. Buyer will deliver the structural damage report and comtivo pmponsl to in to Shca within 7 DAYS n(deliveaing the original inspection report. 1 Isl (D) Morin i DAYS of ferch ing 'be abucmml damage report and comeegr2 psppoml, Seller will advise Buyer whether Seller will repair, me n. Ira SdkrS ezpauc and Ihcfore aclllement any strudunl damage bmm active or pmvions iManton(s). II in (E') ll Seilachoma .."Pas tmuvffi damage Annealed by the ruling, BUY" agrees to veccpt the Property" ropame! And Agree, in the RELEASE 1 W uh minin paragaph 25 of tWe Alpeanenl. I t% ! (? Ifsclkr rLoau rep mrep.¢sheenyld.mega mvukd by Bwrepotor hgRn respond within the three glum, Hayv, within 5_ DAYS. I ere ' will 'notify Sella m writing of Huyu's Choice n; 1 In 1 1. Accept me Propety wig, me derm, myald by the ihpptrtim, withnmbadmaent of pries, and.agree.. We RIRYASE salfinthlepsm- e rim graph, 25 of this Agreement OR +m I ` 2. Ms1W bar scroll- Wood metticment B rsgoitsd by the mongagv lend.. E!any. Al Boy"', cap earn and with Scllci s permission, which will I Am not be unreasonably wderbeld, in wWch card BnYes aaepts the Properly and -pas to Ise RELEASE se, lanh in paptaaph 25 of mix one - Agearout If Sell" duiu Bay" p"mission to make the repairs. Buy" may, within 3 DAYS op Sella's deni.), narflumt mix 7 no Agnemul in writing, in which and ell depak mania peed on account of purohax prize will be,eivmd promptly to Hny. one this - am Agreema will be VOID. OR and .? .: 3. :Tiamnik Oil' Azear ut in which care all depndt haoviu paid an adnunt of i u chadd pd. will he retumed phu„pdy Ill Ih., rut gas this Agleemem willbe VOID. area .?'IL RESm@HTAL LEAD-BASED PAINT HAZARD REDUCTION ACT NOTICE REQUIRED FOR PROPERTIES 207 BURT REO:R Well (1-02) a I..' ? fTl'APPLICABLE in I APPLICABLE Ile (7y) Steger mpa to that Sell" had co ktlowlcdge comment, ghe phraanco M lead-headed paint and/or lead-Tmaed paint harm is in a nlimit the m Plot cty, upless elrcla d helew. a+z I' 11 .Selic Abu km ldgc of the pruuco of )rod-bead paint andla lud-bared paint hmmds in m about Ji Property: (pirwide the banin fa eta d con Ihm kad-based peed a o(tt M1sassdx axial the location(s the condition d the pntha surfatxs, and ether nvaiiahle infmmn- 215 214 lioel n conceerning Seller's knowledge of the przsencoMined-bared paint and/or lead-biard pafnthuWs.) ohs and i (B) RaenrdslBepnrn: Sell" has no ,ryu7b or teeords pertaining to IM&Ilasd Will and/or Ma 4=cd ha W:rat iardf in or atilt the Property. 217 vulms ebkd below. O ma Selkrthm ROViddHlryer withN wulehle reemds and ttporn pvrfaining m Irad-bad plnlavd/or lead-baud point hvaMS in mobout ersna 'I theProp.ry.(Ltn docvmenh) m (C) Btly.'e Acmawledgement: Beside has resolved the Passenger Pro ncl Your P'erdlylspn Lad in Yew Homer and ham read the Lead Warning m Statement contained )n'_ Aaeea ahu (ace snot enW NWo s . Bu bar rzvicwcd Seller's dixloshue Mknown learl- sore Iced-breed hexed ) W an paivt amp.. Ice b d paint a. n identified I. paid b n A) And ha d the roods and reports pertaining in Icd-hand paint and/or lend- au blame paint haeards identified i nph to( m nn Bvyer's Initials Dote X.%F-OS sad (D) RiBICA59?SRts?NIyH4SM 70Nt Huya ac sign tlutbefarc Buyer is obllgatdmbuy arrsidentn dwelling Whillb:foec 1978, Buy. 217 his 10 DAYS is conduct a risk anclumem inspection of d.. Psapsaty for the presence, of lad-basil punt ard/rnled-bard point hamde. 121 - ? WAIVFD. Buyer undamanda ]his Buyer her right to conduct a AAk asseauncot a inspection of the Property in determine the Presence of A Iced-bust paint andlm Icabbasd paint incomes. BUfSyr WAIVES TNIS RIOW and agree, As the RELEASE ace forth sr paragraph 25 of sAgmemanc wl P!-rwp: mar ace ? L Buy.; 4 ezPeme. c a m obWn a rink °...umorI Radio, inspection of am Property for lend-hard paint fnd/a lend d as - Tam risk arA d/a ingicdor will h mmplcicA wthin _1B-DAYS M me eAecouon of This A-rte fat sm Hvper inllnn: A/R-etc A,gmS vra tether aniflW a 9 9 9 9 9 9 0 A e or ao an TI it m: 71: v lu 711 err, nt in aL 22, sec: is" a, in sae 227 .9 MR "a 237 u: ns WiB.itc the came eel [y,•eh,.?law for nhtulning the risk'vueasmenl and/or iq^+[lleh of the YAparty:tbt leAtl-bn9ed pent tumor 05 lend-based paint 118' it may deUw, to War a Wducn list Of 'be at d • ? dmu tun CI= tiled in the mport and those if i nccdrma requested by 6d,_ along aiIh a copy of the risk assnsment andlm inzPecv .-repon. mil ctrl ;in o, mThe caoc vn prop ,I poya- ee DAYS of recoiling he list and repod(n), suhrod n w1inrn mrt mp,6. do to 9. . hottr ?_ In ampbetiasmdeloc rruasurcs. Sella' xsa ad Seller may 220 Will include , hail ram be frod to, she name of Ike rem no Chohat conspeny and a tamj u will provide ernsErndon from a risk Maim, or intpecmr t carmcUw mcaeumr hove been stsfac[odly colY camuPlerwl an or bePom the 41 Projected completion date. ze; 4. Upon receiving the wnative proPanal, Bvye(. within _5 DAYS, will:, s Accept gtoeamcdve proposal and thePropany in writing. end agree to the RELEASE setfodh in paragraph 23 ofltie Agreement, OR 20 b. Ternvnm Wu Agtumtalt in wtilin8. in mhieh an aH deporitmrmii° paid Catamount of purehne poet wit) 6c-ctOmed pmmfdly. I" b Hula anll this ubmits W will he VON. 97 5. Shield Boller IWI to auhmit as a wrlLLrn enmcUm pmprss+I aYimin the time act farm in pnvgraph 10(D)3 Of this P.pmroent, Huya, 2746 within -5_ DAYS. Will:. NO a. Accept the Property in writing, and agree to the RELEASE reel forth in paragraph c2orat this Arp am pr price will he IxWmW promptly 24.1 b. Tamtnele 11,13 Agrcemerd )n writing, in wbicb east all deposit mania paid In P xm to Buy. anA B, it AgnsmMUnlt ImMOVD. ??ps Nwill avmHlutea WASVER of xl S. Iseq r'a fallnce I^ eeadaa any of Brsyrr'a opine ns Within the time umtls aped wramr'ap xix Ihb contingency and Buyer accepts the Property and ognten 0 the RELEASE set forth in paragraph 25 of this livearrat. 54 (L') Certification: By signing this Agreement. Buyer and Sella canl%the accuracy of their respccdve atakmenll, to the best of their lu c,Modgo 170 M STATUS OFIt&DUN (112) Sella agm4msh root Sell, NU Cm t+wwledge pmcpnirtg tlve R°nnnrem aMtnce of notion nnleu checked belaw. (() ? 1. Sella has knowle68e that the Prel ertY was tested so the dates, by the madmds (reg., charms) canister, alpha track, etc J, cod with 1% ;5r due recrlta Fall rest; indicated below: z51 DATE TYPEOFTERT RESULTS(pic{tcsrksnitm or working lcvrls) 2511 Rea COPIES OF ALL ANAILABLR-TF.ST REPORTS will be delivered. to Rrya with this Agmermat. SELLFR DOES NOT WAR. Wl fez RANT S91FIER THE METHODS OR RESULTS OF THE TVZTS. 2 Seller has knmvledLge that the Prrorpienrl underwatn radon seduction mfnsurse on the date(s) and by tiae mdhu t(c) indicated below: W DATF RA'P':=T] P(1?<r4-. xes ? zed (B) N INSWO47PON COMMCEp1CY - an ?. SWaundemmnalthalBOycrhuth"W imictcquestlbatthe PrOPgtYbcinspecledformdonbyamnifiedinnpWm(rcc Envimn- xN d Notices: Resdon). BUYER WAIVES TJUS OpMN and agrees ro Ibe RI:Lr,ASE ed froth in paragraph 25 orthu Apr cot. 20 ELECT. Boyce, at Buy,'s eapErm, has the option m Obtain. fmmarnMied insyxcl:u,erotica teetaf the Property, and call detivancapy M of the mat report m Sella within.` DAYB (IS drys it hot specified) of Ne rxecudau of Nis AV,,. (Sec Eushrmnema) Notices: 771 Radon) i. TIT RELEASE EASE wA set forcvaanhin ls dm presents of adan below 0@ wonting 11-11 (4 pja ctarknBimr), Buyer acapu the PEopaty and agrees to the yn Prmgraph 2S of hda A?arned. 274 2. If Nerair mport reverie ehe presence of radon # m escoeding 0.02 working SeveM (b pinnenrinfbler). Buyer will, wimin _Z- DAYS 1F. os,taript of the rensewlu: ;ter Optics, 1 0. Accept b" Aopvey in writing and agree an the RELEASE se[ forth in parapAph 25 of Ibis Agreement, OR yt° b. Tamifl-d sA(peemrnrinwrilb&tnwhich ME 41 depmil matins paid on Amount ofp-b WCprietwW be returned promptly it Buyer As and this Agromem will be VON, OR z0^ C' Submit 4 written. conadive PMOPe" at to Sella. The spurt c pospaad nLC. include, tot not be um',md In, the name of me arliBW mid- no Aston company; pmviuop fa payment, including Censer; and a p")ated completion dam for. ruuumove ouesures. xax (t) Within_ 5 DAYS.[ raaivlvA Wa termsevc pcposah Sella wilt at (a) Agree to the lanai os Nc conurib s t°"POfd in writing, in which ME Buyer secup, the Property amt agmu In the ;n RELEASE set form in pmtpaPh 15 of tuts Agko3aas[. Olt al's (b) NoI agra m the cams of tlse corrective popvsN. u^ (1) Shquld 5ediernotaAmsmthe terms oflhe cormcevepropoW mirSell,nita mrnpond wlusln the time given.BaYec wilt. within ni ,5-_DAYS,dan w. w (").Accept the prrlpenYlnwdtng utd agraem We RELEASE net Tath in PMgrap1125.ofthis Agranso.OR. xu (b) Tcmdnne Wis Agreement in writing, in width terse all depttait moraine, Will on account or purchnm price will be mtumcd zm promptly to Buyer and tone Agrecmm?[ will Ica VOID. j Optiw 2 zn 211 j A Aar pt ike property in writing anti agree m the RELEASE net froth in patnpjaph 25 of ttde Agreemeu4 OR x9s b. Suhmh a wsirmn, cmtatire propamt to Sell,. The ervmttive prolex will' i^cluda, heated he limirad m, the came of rho CM"Cd mill- 244 gation eoners" ,'y?y?alom for P^Ymmaialuding mtata'. atdaprojvscd mmplcnon dme(ar etamcdvo menusrs.SWkr rvill Payamaa- ;vs Imam of F _ _ towed the total roll of mmrdb6on and teteo; which will be comphled by mrdemene AN (\j If the tonal mast of mmediatiou and remote E)ft:Ems the amount spalBW in paragraph II(B) (Option T) b. Sella ill, within ?V1 (a) _ DAY9 ofreaips of sNe con of rrmWiatav. ewdty Huya in wiring of Seller a choice m: (a) Pay W for roPh l con of9rmo Lt, OR mtMa, inwhich Cam Buyu a cpb rise Property wad agma to gu REUTASB tut froth 244 in paragph2, 25 of We Apamtsi OR son (b) ConmTane toward the coral man of relrcdiaeon and ratesu only Um amoum npedficg in pamgnph If(B) (Option 2) b, ;oi (2) B Sally chooses n, to pay fm We imal cool of mmedinion and retcstc. m if Sella fnla m chore efthme open" within she ems tar Irma II will, wtthin-,'L_ DAYS, nodly Seller to wddng of Buya s choice to: stn (a) PAY she ddfaence bans. suit,-, connibanon to mar-diahnn and retails And the acme) coat merest, in which cue zed B,ryer aeaepu die ps"P°rrY aid "Amon" uhe RELEASE set form in Paragraph 25 of this Agreavar. OR son (h Trumann this Alpeal n, in which Come all deposit monies paid an sccouvc of pombm site will be natured prmmptly sae m Bayer and this Agrteanrnt wig he VOID, am Ill. STATUS qXrWATER o21 W Se mpm sedis Nat [be Pmpq(y h awed I,: sat 1 public Wqur caw ? or-.i. W. All ? Cgauvwl(y Water -Ile ? Node sea nn TER BER?rTCEINSPBCP)ON CONTINGENCY Its I TMS O . Buys arMowlWga ELEA m tan do option an ins of water cilia ton ehe toy. SUYGR WAIVES srs THIS OPITOMamI agmu on on' RS[.EASB -I forth I- paragrmh aplu 25 75 of skis Agreement. ate 13 mac-ISO ms 4 Huya Nat) wihin__ YS (15 days lfnot rapeaiEad)afthe"andenOfthhAArenmenland at SUyer'a eEnmr. W dcliva sta rn ScBa a sera inepoaimt Par • gnalRUd, pmtmalonal wow wdn6 wmpenY of the sptalbY ovd/orquaatlLY of the mglgra aera edrarn[eLh: M&M Inca of8 Sella ynltlalr.? y sn d3- i m 378 07s am all Bar 3[1 Rs an w IN an 12 an 94 M n a u 0 4 s s r 2. Sella agrees to locaie,£I''P°'vitle acrrsd 1OAle Od-[tar (air ind(Vidueq wilier eyEa'-'s{f<?ulicable, at Seller's expense, if required by the 1D % inspection company. ,agrees to renom the Properly, at S-Ila's expentt (. 4NemnIL ]1a 3. ' If the report mantis that the Water service don not meet the minimum standards of any applicable governmental authority and/or fails In a9 and/a no antity al by the mortgage Ienda, if any. oral Seller will, witlhilL.Z DAYS of r.cip of as aetafy the icqurrements for quality the repor, notr(y Buyn in writing of ScB'er•e dw- to: e. Upgrade the water sairice to the minimum acceptable levels, before selllemerL in which cane Buyer accep(s the Nnperty and ape" Ja9 to the RELEASE act forth in paragraph 25 of this Agreement.' OR 330 b. Not upgrade the water savior. 4. It Seiler chooses can to upgrade the savice to minimum acceptable levels, nor fails to respond within the time given Buyer will. within Jal ?5 UNYV, dihai a. Accept the property and the water aervrce mad; ifraclubed by the mortgage header, Ifany,andfm any govermnenrel unmanly, upgrade sn the water, servo. bafora sademmt or withinlbe done requbed by the mortgage lender, if any, mdJm any govemmteW milunity, at 114 Buyer't expense and with Seller'.v pem,iaion, which will unite unreasonably withheld. and agteero the IUSLUASR our truth I. pea- as graph 25 of thin Agmemcdk If S.B. denim Buyer parnimen, to upgrade, the water sarvice,.Boyer may, within-5_ DAYS of n6 Sc11.1 denial. tarndnate rots Agteamcnt to wcidng• in which eax all deposit Comdex; paid on a.Met of psml ama price wilt be 'a7 returned promptly so Buyer and tits Agreement will he VOID, OR - no b. Thnninau into Agreement in writing. in which care all deposit meet" paid on amount of purchase price will be larval promptly Af to Buyer and thin Agreement wBl be VOID. ate STATUS OF SEWER. (1-02) - At (A) Sell. represynu that the Pn,paly, is eavad by: - - 311 ? ?tMia Saw¢ Sat Tsdrvidtui Onld Seaga Drapmal SYSman (Son Sewage Naim 1) 341 Q Individual On-fat Sewage Dielrnal System in proximity M Wail (S¢ Scwigc Notice L tee Sewage Nnti. 4, if applicable) 34s ? Corm aunty S.". Dispuml System "a ? Tu.atc Pmdt Exempdbn (See Sewage Nodc.2) 1a ? Holding Took (Scc Sewage Not. 3) No ? None (S. Sewage Nod. l) - ass ? None ASadahlUP mot imtatians rn P.tfear (Ses stage Notion 5) sso 13 St (B) INDIVIDDALON-LOTSEWAGEDISpo3ALINSPECITONCONTINGLNCy 152, ? W TVPA. Huya-unaxwtrdgae met ROM ban the option on tapwsl an individual On-ion sewage disposal inspection of the Prnpaty. AUY'ER ]a3 ANDS 7783 OPTION And agrees to the RELEASE act furlh in paragraph 25 of this Agreement - sse BLECTBD sss 1. Anyer has the option, within _ DAYS (15 days if sort specified) of the exe.tiom of this Agreamadt and at Bristle expenac, so era[ deriver W Seller a "I=bupeaden report by a quAliAnl, professional inspector of the htdividual on-lotnewagc difpmal sysmm. is? 7. Settle. at Sonars Wp.se, agrees, if and as requited by the iMpeclion company, to foram, provide ACC's 10 and empty Itc individual on. ass toe eeamge disposal system. Sella also agrees m reslure the Properly, a Sellar'a cxp.se, prior to arnionve, ass 3. If the (:port rca'Is defbM mat do not remake expansion m expleanneet of the aaieling sewage danpue l system, Sella will, willdn apt _]_ DAYS of monrpt of rite moon, +mdfy Buyer is writing; of Sega'a clam'. W: - act a. Coned me defreuf)mfmn aWmneet, rnuhding maesC, at Shca"'Pon--, in which car Buy' accepts the Propery and agn:n W sea me AEI.EASB uefem in pangrlph 25 of this Agreement, OR. 383 b. Not coast the deface. 16`1 4. If Saba chooses nor W ..gas the defcete, or if Seller fails to respond within ate uqe given, Buyer will, within,.._5 DAYS, cithtr. 365 L Accept du property and the system end if required by the mortgage lender, if any, andfear any govemmcla, aumadty, cornier the cps defeeu before settlement m within the rime rcgmircd by ten mortgage Irnda, if any, and/or any govemm.taI wtWaity, an Rotors 97 sole expense and with Seller's petmimipn, which will ram Inc um umably withheld, sad agree to the RELEASE ar.Lhwth in para- ass graph 25 of min Agrecmmt 8 Scilst denies Buyer perhmixlitm to correct the defeeC. Buyer may, within 5_ DAYS of Seler's ass deist, Imntina¢ this Agrcemenl in welling, in which case all deposit loonies paid on acemmt of )wnCluse a price will be mmmcd no prmnpdy to Auya and ors Agmcnwat will be VOID. OR all h, 7krmimre aria Agrecmml rn wrifng, W which coon ail depoit mpni" paid m account of Purchase price will be rammed 91 promptly m Buyer alaidds Agreemce( w!I le VOID. gig 5. 8th-ttgrmlmvu4 theneed m'pand urmplaeemeexining individual per-lo<cewage drapnsd system. Sella they, within 25 DAYS 173 of male of the mPo'A submit a mtrectlve proposal to Buya.7hm mrrearve pmpmml will include, but out be thounds 4 rose name of me mx nenxdradou nmhpan)r, Irmiarone for Mount, including remain; and a projected carIA orlon date for cmmcdve nleaares: Within' are ?_ DAYS d t.civin! Sella': hmrxctiw empanel, m i[ era.rveNive propesd C se.lved within the time given, Buyu will: III a, Agmew the lane ofine oemeeriroprepeat, itmai, in writing, in which aee Buyer accepts 'improperly And agrees to me RKEASE iii net forth in paragraph 25 of min AOcemems, OR ' I ' ma 6. Accept the Property, and the syxkm and, if menimd by the mortgage lender, if any, mad/or any governmental ammd4, caner, d+e son defeat before xClubmaent W Within The time slated by me modgagc leader, if any. aldlou My governance tal authority, at Buyer 'set graph >S aspen of s this and with Scllur's p ellex dexi which will mat be unreasonably withheld, and agree to the RELEASE set fonb'in para:: 3w Agreement If Sella drnra Buyer permission W Correct the defecu; Buyer may, w11Wa ?_ DAYS of Seiler F 3u denial, muramme Cols Agmemenl in vnibgg, I. which coo all tcpntit modes paid on account of purchase pica will he rammed sss promptly W Buyer and WC Allurement will be VOm, OR 3401 c. "anbutc this Ayr, eea"a" in Miring; in Which Case Ill deport nxmiae paid on account of pnrcome price will be ramnad promptly son m Buyer and this Agreement will be VOID. se7 lA NOTICES, ASSESSMENTS & CERTFFICATFS OF OCCUPANCY (7-Oa) in I (A) Sdto TelAmsenu,"Of Scller'a uxeutm Ofmis Agteenan4 that no public imparemaem, capdoainrum or hommwner ansociation aaceemeuu 309 have been made against the properly which remain unpaid, and that m tamer by any gavemnual a public Authority boa beer served upon sss Sailer or anyone or Seller', behalf.inc(uding noucq relating W violations Of smrag,remains, building, -1 the mdmances xhich remain 32, uncortccted, and nut Seller known of an condidom that wnold comtimm violation of wry such edin hums which n:marm unameled, unlearn sou. Ahrcrwisa specified hoe; W) Sena Imowf ofno omstpalental mottoes (ivnWding vjoletiom) add essessmend "reept an follower- i (C) In ue- event any.oohces (Including ?oist??u) and ssma"Ca is ate tarp.Tai after eyemdon of this Agieemat and belmc eallemenS SNiv will notify Boyer rn writing, within 5 DAYS a maivicg me mice ennesesamcm, that SeRa will: L Comply with smor"and ••-•?••••--?-a Selle+'a e-x e,in bich rase Bu erac meP Pant }• y rap.t fopvty and agree to the RELBnSE setfmth In pangnph 25 Of chi. Agrae.t. OR 2 Nalcomply w)m it. and asspana m at Seta's eapcaue 3. It Sena eat m complY wren eaters and wereacental;ar(.% within the time given W notify Buyer if Seller will comply, Buyer will notify Sella within 5 DAYS in Writing that Buyer will eimm- a. Comply wren colleen and atsesxm.C as Buyer's expellee and ogre: re me2151.11ASB set froth in Paragraph 25 of min Agreement, OR le. 'Paremae mia Agreement )n which car all deltoeit mania paid on a-ewnt of omen. Price will be returned premptly 1. Buyer and No Agmann at will he VOM. tfAyya tolls to notgy3dWr Mtlda tM1e dmeg{ven,Buyererrmph tM1Cptbpery uM ashore to the RRLSASA set fort Inpera- p 2,5oftWaA t. LI(D) Bu?n that o bile -d may require Came. of a highway mQepanay permit from rise D paeu -rat of/Trnµp Ba}erfatClr. AS-2KPage SOfg Seller runless: 4406 - ee""???CCC"' 419 411 • •' (H) if required by law, within 7iF P' Scf the execution of this Agreement Stlli,I !lp(?''i.f^' BYdryio Buya, on orlxlB¢edRranrnc 4n flu, aN?, municipal department Or departments disc Damb_.a( ray nnepmrled violatoni of 2onfng,hou.1-'AI2 YIi I. Acvtfiution from - 413 All • '? • ieg, building. Way Of fire rail(MA-I- ANDJOR . 414 1 Acrnthute Pesmit6ni Om-PneyoflhePmpnly. in dhe even[rcpairs(mptovemenm arc rcgwimd for meissuarme ofthc xdiaute, Sella n4 'is Its will. within I DAYS of Seller's receipt of the regNtcmrnM. dalify BuYRr of the mqus.nmu and wbcmv Seller will' make the 41A Ali rmuhal iepnbafimprwemnu At Sella'-expomc. 411 If Seller chooses m male, De: mashed nepatrefunp(AWemmnm: Buyer specs a to adept the Prnputy , r.polind and agrees to it. RBLBASE as 417 OR - [mm in Paragraph 25 of this Agreement B Sell" choirs not in make the regNe,d vepair>lmptpvemm a, Buyer will, within 5_ DAYS, ate 419 - notify Seller in writing of Buycel choice to terminate this Agreement OR make the mphinlmpmvr to at Buyu'aexpmsn xnd with Srlkrb' nv '. Ire permission. w1d h will net be unreasonably withheld. If Sella dealer Buyer permission to ma"c required repairs or ifSelln fails 1. respond Aso tit within the•dme given. Buy may. within. 5 DAYS, terminate this Agreem it in writing; in which case all deposit mmmict paid od staging uh 427 of purma a prim will M monmed promptly, in Buyer and this Agreement will be VOM ' 422 422 (F) Th. Prepwtyisnua'teuwdonel cabin'. dcfincd in lhcPamrylvanaConstruction Code Ad unless otherwise sorted here (sea hlofim. Rcgading An AM - Reacadmd Cabins): . An i5. TLTL%S11RVEy9 & cos" (1-a2) - An us (A) The Property, Is m be mnvayed het and clan of AD lima, cnenmbru,ces, mtd.e ors: EXCEPTING 140WBVBR-the following: taming eat An dra( ram fires, historic penavatim restrictions an omivmo., building r.trictio., odioedoes,-cagemenu df roads, easarnati vi ibin upon AV tin - do gmund, ceumemm Of rtcud, privilege or rights of public acNira cnmpenies, if any; otherwise the till. to me drove desnibed real estate An 411 will be good anda betable and ouch. will bn insisted by s mrymhle This inmsmee Company et the ingot. rates. al era (B) Buyer will pay for the following: (1) Tide search, tide insurmce and/or mcchatucs lien insurance, at fee' for cancellation of Afie, if any; uu' e,1 (2) stood lawmen, fie iaau.nm with extended mvmgc mine subsidence insv.sm; m fm fur enmlladon of..., if vry: (3) Appraisal 01 al late end charge paid in advaam to mortgage leaec if any. (4) Buyer'. customary settlement coma and accruals. . Oaf m (C) Any survey m sa,,Ar which may he rcquhsd by the Title menanm Company " the abstracting almmcy for the p cimuNtim of an adequate 4.11 434 legal description of the N.peny(Or the srnrmit. tbaa, )'will he genmed said paid for by Sella. Any a1rvLy or survey, dmved by Buyer or AM OR uaw and by the moulage lender will M ncomd and paid for by Buya. - "5 4% (D) In the -t Seller is umbie m give a good and.rammable file and well . will be insured by a reputable Tide Company ante mguler aka, se 435 431 specified in paragraph 15(A). Buyer willh.ve lbcvption Of. (1) ukiug sorh Ede As Safe, cangive with no change to the pvmhne price; u(2) bang Aft 436 repaid all monim paid byHoyum Sella no amount OF pumlun,prim andbeing reimbursed by Sella fm my costa imam byeupa fur any met=- as OR done m cw6k t1m, obtained evuNing to The terms of the Amemenl, and for 'lime item IR- ificd in paragraph 151B) item (1), (2), (3) and in Ova ao paragraph IS(C), in which we dive will be on further liability or obligation omeilaw of the parties Mreto and ibis Agreement will become VOID. 'M5 Oat 16. ZONING CLASSIFICATION (1-02) Failure of this Ag eaccut 10 Cmhih the Musing da.tfhut ai (ex6cpl in uxa whae the popmy (and amcJi ui 442 parcel dinaf. if subdividabkl is aimed solely on primarily to Parat Ingle-family dwellings) will nod" this Agtrcmmr void.ble aL me option of 4R 443 the Buy., and, if voided, any?f jh tmdmad by the Buyer will be mumcd to the Buyer without any mquimmem fur mutt aclitn. 4u 4th 2roninl Clamtifnlimn: ti I t7YX4f7A't/ 44 its ? BLP-CiPD. Wimin _ll_ DAYS of me execution of this Ag¢ -I Blis will verify that the eximling .. of Ilan Property as .5 4. -la pemdtted: In The amt tM use is mot pami(ted, Bqn wBl,'tltBtin the lime as, M giant [Or YaWK-600, nnity Sella in onitinglbsl the existing use afthc Propa[ylA not pamined Aidthiq Agreement will be VOID. in which 4e, 4m ran -!StIki spit moot. paid On scmunt Of Purchase pram will be mbrmcd Promptly 10 Buya. Buyer A failure I. ourpond vithin flat firm, In 149 vdll amaBbale • WAIVER at this cambsiseq slid all atba learn! d this Agra menr remain in full fore, and a feq Aw 4so 17. CO OTTCE 40 at NOTAPPLICABLE Ifl Am ? APPLICABLE 452 45254 T1119IxIL1ID6NrNAY NDI AH1, COtN8X7kAN9F¢R,MCLWFWrN$riteBTitl'll'11A.'R1,fi9?mALAJm WTO-OF4UPan11'r UNpppH¢AlH'11s1 S110.PA?LAND 453 4 npgpln010RHIWgRRgOID{IBpln1, ANDTNg owNBR Oa OWN¢0.9 OF SUCH COAL MAY trash 7Ha CmnIsho LWAL M" TD a4aDVH AL SUCH MAL Am 454 453 mTHAT COYm5CTIM, DAMAm MAY kNon,,,MThin Stmw•ra op nl¢ LMID ANo ANY HDD9F; BVILOMG p0.0112R xTgI1CM1MC ON O0.W Star LAND. [Ilrim. 45a 4. • notice is set forth in the mmncr provided in Salon 1 of the Au of lily 17, 1957, P.L 984.) "Buyer acknewledium that M may, not le ahndning the 455 4A1 light of p iftedon against subsidence ¢mltisg from coal. mining u1setafio., and that the prnPeM described herein may be Pmteacd from damage c] An due in mine subsidence by a private comma with the ownan of the economic inkauab in dm cool. This 5eknuwlWganonl is made for the purpose' 459 tai of complying wire the pmvfs).u of Section 14 of th Bimminouq Mine Svbsidna mirth Land Cmnavation Act ofAPrf 27,1966."Buyer agrees 4. 40 an sign the dad from Sella which deed will contain the dmmaatd provhinn. 4m AM IF. POSSESSION (1,Q2) .m 1. (A) PounishnismhdeliverMbydealkeysstd; 463 I L Physical aim in vauntPro n2 Posner Pe+tY Gres of dclxis, -fill all atru.ums brodmdean, at day and time edAeNemenL AN1yOR In 114 2 Assignment of existing sul mgedler wire my amid,, dtpm,Ll And folarmL at time of setlicmenl. if Property I; I.aed n the 4M All ice of a this Agreement A ORml. ollhexwLae specified herein. Buy" will mk.hwl"lge MiAling lease(s) by initialing said last(s) at errs in oftleas An time of execceution of miFA¢reemsnl I (p) Sea" Will Bur aria fill- my ncw-luscs, written extension of sitting lase,, if any, or additional An An 191 leaps fG[ The P[opetty without me written sal anaent Of Hpya. - w 10 1?. RECORDING(3-05) a 1bsAgwnenlwillnmbmmc"dedinme Oflimfolhn RomAl 170 and iEBUy.claclass, m pmtiu this Agreement to be receded. Sea,may slat in benmng ofkaeor3hanysane'otEceupisce cfpublte raurd- ass cft ac. • broach of this Agreement. 41s at 20. ASSIGNMENT (3-SS) T168 Agreement will be binding upon the Patera. thebRemardve hobs, personal Ae4st.entatives, gvmdims:md auesvaq, 471 1 412 and ee the the written ritten consent antcert of ique of the patties hercm, it bang safe cssly understood. howtvcc mat Buya wilt not trwufs' a Resign mi. 112 maem 4714 4 Scev 11. DEPOSIT Agreement without ut the R$COVERYPfIND (1-02) All 411 An I (A) 1)apogfm paid by BuYOr whhu ?, DAYS of,eWunml will M by ugh, c Orb la's ter our ifat cheek, f amo sits, reguNien of Ill fare of 415 tic payment and me person designated n payee, will h pad I. U.S. DolIMS to Blotter. Nlemred in Pant aenPls 3(H), wM will mein U. A, 4n c I' on h.* tendered ed A, dap depsit nu mon mmy ba old Pending of this Agm.nmt in canfamirywim all applicable laws and m9ulanoms. Any nnc.hcd An 47I check tenderrd n deposit ies -m may be bed pendding ng the amep4Anm Of Ibis Off,. - 471 4th (B) UpoO termination of rids Agreement, the Broker holding the deposit moni.m will mlase the deposit =at. in a..xdmce with the lama of. nn An fully executed writirn amammt batwmn Buyv tad Sc1ec _ 4m All I, (C) In the cvmt of p dispute ow mtitlemont to deposit manes, a hmka holding the deposit mania is la i.hat by me Rule, m,d ltcg dudes of An the State Real Film, Cmunbson (49 Pa. Code §35.327 4an ) la retain the monies in e4mrw until tht dispute is re4olved, Ia the.van of Buydm 4e, 1u 6v the minim of deposit made. a bMIMT wilt distribute tM meufes as directed by afrod.rkr nfmwl.lhe written Aptmnent ofmc patties. Am us Huy or and Seller agree ten, in the event any hrokv or a b-led licence I. joined fn Ifttgalmn for the raft, of deposit monies, the Arm,.- era Ye, fats Rod cosh of the broka(a) and ticeuee(a) will. M paid d by the Party jotnmg IMm. 455 m6 (D) ARcal harem Rummy Paid esiau tdninlava vry Palms who have Jbiairod a fad eivBJudgmvdags'tort a pmmyhmw tW .'ek 'imuee owi An to m five m' g d, Iaup.mmtivA.descisinamal estwe vatsmen pd vanlwvetrmurobem mllentMjudgmasrfla ahun1mgdllcgaaodyiahle Is, In - ..F.cO Ll-dings ab--P-td. call (717)7M-365&.(1100)122-2113(withi.pen.yiv.ria)Red RPf) 7534E54 (au.ide Rpnaylvnua). No 22 Na o> O1g, UM7PANNEDCOMPIDNSTV(HOg/FAWNfe ASSOCIATIOM RESALE NOTICE(1-112) An In NOTAPPLICABLE 4m 1. ? A atho . 64M COND Unina1M. Buya aclmow the, the Property is a vnllT of a condominium the is primailY mm by v unit owners' 4p1 IM ? .R,xi of time e Untf"m CandwNatdm Aa el of of PCnnryIVRNB fegniRa Seller m fmnlpM1 Buyer sire a Ca4Bnfe or Emi. and copies p2 I. the mushinium dedaafim (other own stair and pima), 01- bylaws. and the ml. and mguladana of me aMmj. S ,,. A. APPLICABLE: 4 M ? PLANNED COMMUNITY (HOMEOWNER ASSOC(ATTON). BUY" acknowledge that. the Properly is part of a Planned am 95 commudry a fiLby .of sec Fla en C.mnftN ty Aa. (S. Definition of Plmnal Community Notice). 55407(x) of th4 Act of DrdMafien (o[hcr than plate and plans), me bylaws, the ndu and mgdallon of the.5ociatind An Cam{q. .a $ec forth in 45407W of me An,. 4e,7 n Hrgvidaols: AJS.2KPpgt6.rB Sdta lnltiW: G 4aa SpPisRTIF9 THAT ARR?PART OFA CONDp?'' (pR A PLANNED COMMUNITY, N9 ate THE FOLLOMNG APPL'''?--a?vv(( 9'tit W I ' - (A) W;m;n _DAYS at,M1.!. & of this Agreement. Scllcrwill submit a mqucsudtth bcjation loin Ccnifcnk olRetale and the dnc- Sat Gal 6m amens nca My to enabk Seller m comply with the Act Tha Act provided that the arsocia[ian is required in provide these iacumcnLs within SUP s& a to day$ of Scliv's request. 'A2 5 tB) Bdkf win(corn ty detWv UtBUyei all docoundeft Ceivcd from the aw+siatihn.UMlyd the Art, Shca is rwtliehk lb Buye'far the fx(luw or 5¢ sac delay of the association an provide the Cri ifiento in 'a Finely mmon, mar is SGIm liable to Buyer Ear my erroneous Information Provided by se ns sss ibcdevaim n andiiicluded in the Certificate. sae (L) Buyer may declare ode Atonement. VOID at any Then, before Buyer's reccipl of the association documents and fu S days the aditm, OR until SO sac makmeoi, whichever oecurs FrAL Buyer's notice declaring this Agreement void muff be in writing; thereafter all deposit monied will be 91 Sat sac rsmmnd to Boyer. ... see 1 - (D) In the awns tht aosaciraim has the tighten buy the Property (Tight effort refusal)', and the uaoEistion exercises that right. Shcawiil reimburse Sot sin Buyer for all monies paid by Buyer on account'orpurchose price and forany iron ihcumed by Buy. far.'(1) line search, fill: )h9donce amVnr Su do mechanics lien insurance, m fee for macdletion dfseme, if any: (2) I-lhnd insarmce aWlm face ineumnr<with extended-carengc, mine sub- Su 519 aidence Jnsuronte. a fee for capepllstinn of acme, if my; (3) Appraisal Fred and charged paid in advance to mortgage Idndice if any. - sit 613 7i:'MAINTENANCE&RISKOFfDSS(t-02) ... st: rte I (A) Sella will mamhm the property, grounds, frxmraa, and any personal phopaxty specifically scheduled Inside in its Pendent condition. normal 51, did -1-doode.icepred. so am (B) In the event any system areppnusmincluded in the sale ofthe property falls and Sella dodo net repair in Sepia= the item, Seller will prmnptly 5a sit i ' notify Boyce in writing of Seller's ehoj= to: 51' do; 1. Repair or sepia= die failed system m appliance befall SCItlemwtm credit Buyer at kaukmant fm the floc market value of the failed sys- Sh sss tam m eppt"n= (thin option Most he acceptable to dw a".&, lender, if any). In each now. Royer a=tpn the Pmputy and agree, to 51! SW flew RELEASE set form in paragraph 25 of this Agreement. OR p1 sit I. Not repab or MPlacc the Ursa syamm m appliance, sod ram credit Buyer at Sediment for ft fair market value of Ihrfaited System or - 63 522 appliance. IF Seller does not repair. replace or offer a =edit for Abe failed system or appliance, or it Seller falls: to notify Boyer 5r an a Seller s choice, Buyer will notify Seller in writing within _ 9 DAYS or before settlem er, whichever is annex, tlwt Buyer at m 624 will: - 525 1 S. Accept the property and epee in the RELEASE set forth in paragraph 25 M this Agroment, OR - Se 526 - b. 7Gmindc dos AgmconcU4 in which e"c ail d5ymjt monied paid mi arthmnt of parch... Film wjb be Semrmd p:venpdy in Boyer sn sac and thin Age anent will be VOID. 57 sal (C) Shcawill bcsrriskofIces from frcmether caanlti"until limoof eeulemend 1. as event ofdamage by face math. raaualdes to any pmt, Sb 6n any included in this sale that is not repaired or replaced prim to Settlement, Buyer will have the option of rescinding this: Agreement end So also promptly racdving all moll" paid on steam[ of purchase price at of accepting the Property in its then condition together with the proceeds 531 531 of my insuume recovery obtainable by Sclkc Buys is horday ratified that Boyer may iMUmAnyer's eTAUble interest in 11,19 pmperty ac of 57 Sea the time of execution of laid Agreement. an 632 L, WATVBR OF CONIONGENCIFS 0-02) If this Agra.inent is contingent as Buyer's tight to impact endiormpdrthe Property, Buyer s fingers sx sit 0o lda SM!, of Buyer anpB "A:Brm the lace limits eel forth in thh Agreement well cahdimic a WAWFR Of that contingency and BUY" n Sn accepts the Property and aimed In the RELEASE sal form in paragraph 25 of this Apecmcnt sn me 25. RELEASE(1-02) Buyer hereby widest qulldUbnS and Forcer dischargesSELLER, ALLBRORBSLS, ihdrLIMN9EI+„., EMPLO ARS, S), m and any OFFICER arPARTNER of a" one of them and my other PERSON, FIRM, or CORPORATION who may be liable by or through 5J' 536 them, from any •ad all claims, loves m demaMs, ind.dmg, but not gentled 1% pr:rmnal injuries end prmpurty dinner Sudan of the con- cU 6n Sequined" tharadd whadwr now known m>ro4 Seldrh mitt' arts. Rom the Monies. of famiks or other woad-boring Amer IS, radon, lead- 93r 540 based point lung iN,.nvirmmenfal lunrd., any da rodeo in the irrdividral on-lot sewage disposal "Stem or deficiencies In She on-alle nuke se 311 amt= system, or my diems or amdiliamon thepsopeny. Shard Sdkr be iv de4uLL and=lhet<Sam of lidsApsrment,4hb rtleaes Thee ss: 942 - mat duesire Buyer of any TWOS to pucaue m7 mmedl" that may be healable Under law or equity. Thin release will mrriae selflemmL ra so 2A RRPRFMTATIONS (l-02) Side 544 I (A) Buyer Understand$'hot any Seprewsdatsasa,clause, adverlhing, promeelonal acilvides, brochuro or plans ni'my kind made b)Seller,-Broken. 5n 56 their tausee., employe", offeen, or pence m, not a pert of dill Agreementbnias eepossly incorporated or skied in thin Agm ennot. It in sac us further undeaenod that this Agreement coatsine the whole agreement bemvcm Sella and Buyer and ithers are no other turn(, nhfpal5rm, m s47 economist. mpmmhfi m, statemenn or candidom, and m othawhe of shy kind whatfmver comeming this .ale. pmhcrmole, this 54 so Agreement will rot be .hoed, amended, changed, or modified except in writing esecmW by the partial. .sal Gds (B) It is tmdmloed that Bova hen IswpmM the V-"k7 before slgaing fish Ape.mevt (Induding Bxture" end any Pe•amd Prvp.r'y s4 9511 specsfeamy scheduled hveln), or has waived the right to do 9m, and has agreed to purchase the Property in its present condition unless S 55t otSawlce eluted m this Agreement Buyer uhrrowledges that Broken, their Iknulces,.inplnyca, nRwan or partners have not mode a, 552 a-hadepodeal sxmdmtlm m determination Of the structural somedmess of We Roperty, the age or condition of the components, eNd- 55 ON ornamental condiflons, the permitted uses, or M mndilime existing in the locale whey. the Property Is eite.sed; or here they made a ss 554 mecharthad in.pestion of any Of the a7alsom mofalned thereto- - 35 559 (C) Any repairs required by this Agr onscat will be completed in er ' a (U) no"') may penmenfrrvku to autos U^^^•rnkd parted I. n complplying with the corms of thin Agreement. s complying with s 951 (E) The headings, captmod, and limmztb in Wit Agreement are manor only to make it easier to find the paraarapha. - s 951 F7. DEFAULT ("2) . :.. . 5 569 1 (A) Sell. has the option of muining all sums paid by Boyer, including the deposit imed x, amid Bvt N,. sac 1. Fail m make any additional payments . Specified M Paragraph 3; OR 561 1 Famish false or maamplea mfmmilm to $elly, Broker(s). or the mmg.ge leader, if any. concerning Buyers least or inanflal'tenon, , au or fail en cooperate an the Prmnad(ng of the mongaga loan application, which ads would resist, in the failure In obtain the approtnt of a U sea mortgage loan Commitment OR - 5 sad 3. Violate or fail in fulfill it pafamh my aft, tams or emBdons of This AgteemmL 5 SIN (B) Union co nwise drectied lac panpapb 27 (C), Sella may -I= In retain those sums paid by Buyen, including deposit movie., in me of T¢ s sac following roan.": 567 1. On tafpurehase po=t OR s we t 2. modes to be applied ne Sella'. dam.,"; OR s and 3. s llgotdamd damages far tech b vial, s are (C) b Seller I. -mired rcb'ihd d to on ram pad by Baye, ineludmg depedt monied, as liquidated damages. So 571 (D) If Salim rotsmsoil men. paid by Buyer including deposit monies, es Bquidated daenaa.a Puraunl To Pamarnph 27(B) .1 (C), B..ya and Seller no w.11 rdeaeed from fndUr liability in obligation and this Agreement will he VOID. 523 2g. M¢Dl/L'{7pN 17-66) 9Th L?gt4OT AVAILABLE 6n9 1 WAIVED. Bay. aid Sella Woodland Tot easy may choose to Mahan at a lela date. Should a dispute aria, )oil that there v'ill be no obli- 5 a0 gntioU on the pan of my party en do so. ' a an ? ELECTED Ste (A) Buyer and Sat(s will my to redesign. arts dispose in clam that MAY mine ban this Wgmsmcnt through madiemm, in accmderom M b the Rules 5 R9 and Procedures oFibc Name Shcetsnbuche Buyers Djspum Resol Lion System. Any agreement reecho through a mediation wnnfe. rcc and s us signal by the pardes will be binding. s u1, (SI Buyer eat Sat wkTge they ave received, reed, and andmatmd this Net. and Proeedmea of do, Homc 3 dcMHapa Paya, s :sa Dispute R"cln 5 rem p= ou Names). Rf/l?jj s T3 (C) 71iaa we )t mate had jog fiche WutA tea p¢umnt will Survive SuTtment So nay. haitlals: AA-2R P." 7 of 8 seller h.Poah: s a ad s 2 n w h 2 4 ss n ss 660 961 an 966 m So u a m ns 5r2 s4 /b S11 n TJ aa. at ae p as sa ; at4' i am 691 sal ' 592 ' P1 i bob 696 con See is An 4" us 111 An an 6M 611 111 619 eta 614 GIs all /I• 19.. SPECIAL CLAUSES (1Ag) -) (A) Thafvllewtoll- pert o[C ? ent if checked: Q Said A §atlement of Other Tmpcdy ? Settlement of Other P opcay Contingency Addendum (PAR Form SOP) Contingency Add rkrdd (PAR Form SSP) ? Tenant-Occupied PmFny Addendum (PAR Form TOP) ? 5alc A $udemrnt of OtherPmpeny Condngrnry ? with Righr an Continue Maketing Addendum (PARFerm SSPChl) p ?&'/ Nn -Wr?f--5-A-e4gr+- F"vr?? 1-t!xF hl9 f I AJSi c?voi?al?a- I son SK sea 521 At 522 in 5" 595 so 97 no ew 61; and 92 Bf2 As 05 e0a 6m e1e Boa RN Lit 612 'M fill 615 515 617 /-)0 USa tJ 04? L'R>•?r7a/x-l 11 p/S'/tAC-- ?. USed. to 00fwC. 6TgA-g-17Ir, !I Buyer and Bella acknowledge receiving a copy of IMe Agrvvtrenl At the also or Flardoln, j NOTICE TOPARTIE& WIDEN SICNED, TB1S AGREBMBP7f IS 1. BINDING CONTRACT. Reurra by fagimile migamniand n (FAR) of Ibis Alpmmrent.arld N addendr,bmtlog shed"Ne'does"fag parij, Neddi need atcepLnecM am Agrcermrrt Amin In al, maWIton are advised an conwl an atlmney, before Signing if they drvre legal advice. ;j alts mccoe;d the Consumer Notlca m adopted by Ibe Sete Rent Culale CammOrion at 49 Pa, Cade §35336. ' a has, received a 3walro ent of Blga's estimated dosing cor11 befvra aligning this Agreement ????ya leer read and undarstande rho nelfne and eapiaoabsy (nformadon At forth In this Agmemrnt By has raelved a Shca•s Pmpv/T Dbcleusm 9eterewnt be[ora signing this Agremrem4 i[ ragplred by law (see irdormndnn RegvrAing Real Ywrate Boller Dieeldne,c Law). 1 ins received the Ddpnalt Macey Nnum Ddr evaporative seies wl,. Booties for Sella is bolding deport! motley) belhm Stan;rag I" Agreement - ?_ ' ,IT ),BUYER'S MAD.ING ADDRESS: en eu Vo all AN 621 594 on an IA ON us n9 DI bat an w on aR D7 ae 6th M At ere Ia all IBUYER'S CONCACf' (?): LO 7-) ` I -:WITNESS (I BUl r ` WAS WITNESS. agt?ir-s rf - Bw oil n9 CBI On an 03 All 625 625 In 62A fin n1 631 ere en a26 916 nG ear ON 639 9dkr herby amoviv, the above CMVWA this(dale) - ,j- /f-0 Old in conddasdon of She Nodded widened inprncodng daBuya. Seller agrees An pay the named Broker for Sella a fee of ofifmm die haa9n speclil •.1 'a. In da event Buyer hhulta hacunds, arty moniv paid on senator will he divided e Belle( U Bmka for Sallee ben in m evert vd4 did ium food 1o Ilu Broke frn Sella extend She ebme lp¢ifi,d Bmka1 fee. 4•'G/ has ruined the Cotrolrer None. m adopted by the Sate Rnl &lete, Cwprnisaian n149 Pa. Coda 135_i7d- a her ncgved a se4mcot of BWq a ealbpahd doling slat bdora algnldg am Agreements Selig has read and understands the adding and sapladvtnry information at forth in this Agreement $ELLER'SMAMING ADDRESS! •?/fiYr! $RLLRR'S CONTACT WMSER(S): '-) te 4. --b 17: in ale WITNESS yJ.?,e.it-C w7 nn Ili sex DATBy ea DATBP/? --? -1l S- w6 av WITNESS- SELLER DATE , tM as - qgg ass At ga s l esx >tm Cg7fOurtbm (dick all slut gm appllesbk): es 652 t? k409rrding (lead-Pried Faint f3mrds D'ocfmmc lim pi ad if Pmperty wok hunt inefine 1978: The undersigned Li¢nma inwlved in GO, A 55, this trnaation, on behalf of thnmsdvs add drrn bankers. rsdify that their selemv,e eae one Or the beat Of their koowlNge and belief ass or Adknwtledgemeart; firensm brmlved in thu transaction have iir(mmed 5e11v oFScllct4 nhligaNnna nnd67hn Rcsidend:d lsari-Booed s55 no PumRalmdRWUCdoriAa 41 US.C.14931(d). and vm swam o[tl,orrexSn,u;i TOy sv cm,n. comPBmee. GAS n) m Q Regardldg PRA Morsprites: The vtldaaitrvd Liemsen involvedm this nanxo[tidn, albcha)f o<Ihemadves and their laokiv a, califY ant an 65e W die twirls of ddr donuaet fn purchase ere true to don beet of their knowladgc and beget- and Nat my other agreement missed into by any of Us as these pardn to reddened with IhM tnneatoo is neohed to thin Ayseemenr. eau fit n Regarding Mf h : 7ba uodooigned ? Bmker far Seller ? Brake[ for Buyer agree An submit In mediation in axwdma with 661 ea t is A IistaO*Pb 38 of this gmsmmt R us err n BROKER FOR BBLI,IDt (COarpany N go R .1 ACCEPTED RY'- A - D 16 a9 A / -?,y. Rq ORRR FOR BUY.ER((:nmway Name) 'L.C I' U A? B _ CEPTED BY Ds1s 1c- en n Pa A)S-]R lmgc 8 MB fin SELLER'S COPY will 0012W2005 15:50 717-761-1495 JACK GAUGHEN ERA PAGE 02/0: . c.. QpY TO AGRFFIvSNT OF SALE. A mt is made tWs of hweba fta kmvwn as Wer(a), and r'41?1 L na? `4 hathaft tmown as > y P(r), both as mwd ft property saw s U 141 1 , pennsyhula, . This Addadum sWI be Iamchad to and made a part of AVem mt of Sale dated ?Aj?fby aad bmmm the paroles hadn. Tf 3 AQMV AS FOLLOWS: Witaeas: fArV 1a by and between PS Biechler & Tillery V(Dtr' U 2MNm,Frorit HaffWurg,PA77110 nspections, l nc PHONE 717-221-1004 FAX 717-221-1005 Inspector: Scott Meserew • ASHI # 207618 Inspection Information Inspection Date: 9!5/2005 7:13: Inspection Number: 1010906052 Client Name(s): Vencil, Nancy F- I Home Phone: (717) 697 6553 Work Phone: Cell Phone: -? Address of property to be Inspected: 1 CUMBERLAND ESTATES DRIVE MECHANICSBURG,PA 17050 Approximate Age Of House: ®/ (yrs) House is : Occupied Inspection Day Weather. Precipitation clear Temperature: F.80--] Present during Inspection: ® Buyer ? Buyer's Agent ? Tenant ? Seller ? Seller's Agent Other: Inspection Start Time: 12:30:00 PM Inspection Finish Time: Payment Information Services Provided: G Home Inspection $ $275.00 © Water Test $ $140.00 ® Radon Test $ $95.00 © WoodPest $ $35.00 Other Charges: $ so.oo ? Paid Total: $ $545.00 Payments: Customer Signature: Payment Method: ?- Reference Number: Reference Date: V-Code: -- -? Pub. B&T Inspect, LLc W, Maln Rod Years MaViial: arch shingle ?__.. ? Gasp" Rod Years Matedai: ? Pordr Rod Years Material: ? DOW Rod Years d?[ InspeWon Madrod ? Bkrocufata ny}/ WWW ? Viewed from edge Exterior r? i Chlmmay kiWMW ? Vinyl Brick ? Stone ? AdanFwm ? Wood ? Block ? composite ? Stone N.1 Brick I? sbrao ? EIFS Odha: 2 ddrta" Other: SE Chhtmey LotaUWt P Guma.Dwmopam W Ere ? Vnryl ? Capper W Gable 2 Ahaninum ? Bored ? Ridge ? Galvanized ? LealiGuard oda:r: Underground Drains Wlndaxr Weih No* 1010906052 ? Sky Lighb ? Curbed ? flush W Ddvwway Hat"rld ? Concrete ? Dirt [t? Asphalt ? Stone Other: ? RaldnkV Wad ? F"rru ? Pool ? In ground ? Above Ground view - " 6i4rbr• hoWdna .:. ` MaJa i9rpr DbOed X1 Exterior I Roof Access Restricted : Weathered if Slope I Other X2 Roofing Shingle if Material: Deteriorated / Missing / Cracked I Nail Pops/ Rust I Installation I Sheathing Visible I Aged I Damage X7 Roof ; Inconsistent/ Sagging/ Buckled / Damaged X4 Roof 1 Siding: Asbestos Like Material XS Flashing / Valle; I Vent Collars : Deteriorated / Loose 1 Missing I Installation / Rust I Damage XG Soffit / Fascia : Rot/ Loose Missing / Damage X7 Siding I Trim : Deteriorated I Suckled I Loose 1 Missing I Ground Contact 1 Damage I X X6 EIFS / Stucco : Deteriorated / Bulged / Cracked I Damage XO Driveways : Deteriorated I Bulging I Sinking I Cracked 1 Drainage X10 Walkways / Patios: Deteriorated / Bulging / Sinking / Cracked if Drainage / Hazard X X11 i Porch / Deck I Stoop : Deteriorated if Structural/ Rot/ Rails I Stairs / Settlement / Damage X11 Paint I Caulk : Detencroted I Cracked I Peefirng I Wood Fxposed I Lead X X13 Retaining Wall : Deteriorated / Weep Holes I Structural I Safety I Damage X14 Masonry I Brirkuork : Deteriorated I Loose / Structural/ Stains/ Weep Holes I Point if Parge X16 Vines / Trees / Shrubs: Toocbsetohouse / Overhanging limbs X X16 Chhwft : Deteriorated / Height / Cap if Leaning/ Cricket/ Damage X X17 , Landscape : Drainage f Steep Slope I Negative Grading X X18 Gutters / Downspouts : Alignment / Clogged / Missing / Loose I Extension Short I Damage X X19 Evirlenre of Retrofit /Evidence of Repalr ? I Amatour Workrnan'?hip _ I T i Item - daberiw Camhmb Arid Dtltslpftis X18 Mina : Chimney-Deteriorated : Slight deterioration and aaeking of both chimney weathering caps. Needs caulking. f i X7 X10 Noted : Trim-Deleriaated : Very sight trim deterioration at garage doors. Noted : Walkwaya : Sliight mortar missing on bddc waBL X10 Noted :Patios : Petl0 bids albh8y uneven. i J X12 Noted : Caulk : Maintain cau is atexteriorpenetrations. ? X15 Noted : Vines-Too does to house : Ivy clmbhg chimney. XtT Noted : Landscape-Negative Grading : SSW ground settlement at window waft Wong foundation. Pub. B&T Inspect, LLC 888,216.0181 R Flooring r ® Wood W7 Vinyl .4 ?(] THE, W Carpel ? sane ? composite Doren: cellkrgs walk ? Faster ry7 Drywall Panelhg ? wood ® Dropped Tile ? AcousOc Tile Ofilier Interior No., 1010906052 0 Mein Windows © Fimoaow Owego Door Opsneir EZ Wood ? Metal W Wood 0 Gas flo Walk ? Vinyl ? insert ® Garage ? Basement ? Fiberglass Number: 2 ? Atilt; ? CraW Spam Penes: double & single Smoke Del actors OMer. ? Single Hung Security sYaisin Attic Insulation ® Double Hung ? Central Vacuum ? Loose W Balk Casement ® Fans acmes: a7 ? Awning ? Ceiling F?/ Bain orr slam Windows ? Whcle House El Wood W Metal ® AOfc Thermostat ffi ? soluts te ®Wa1 Gd1es soffits Other ®TMagh Root ® Storm Doer Other: ® Ridge [] WutiEowa ?'' n 4 St ?F.? .:? r ?? 1r??p'?'iVi{ 0 +•sy.• x ?i.nR?t[f ?:'}?b ? d1 Y.?'I fLK V * I ?'g ?a ?'•.rer'^.:. 4 .ter. 7 Floorkg : Cracks/ Stains/ Wet / Sagging / Damage x 12 Walls : Cracks/ Stains/ Wet if Bulging / Nail Pops/ Damage 13 Ceiling: Cracks/ Stains/ Wet I Sagging / Nail Pops if Damage 14 Mob Windows: Operation / Seats if Panes / Sack / Hardware/ Screens ! Damage x IS Sarm Windows : Operation / Missing I None I Drain Hales I Damage x 16 Does : operation / Missing / Seals / Closure / Damage x D Smoke Detectors None/ Quantity! Out! Not Tested! Damage 18 Paint / Caulk : Cracks/ Stains/ Peeling if Deteriorating I Lead? 19 Fans : Operation / Out/ Not Tested / Noisy I Installation ISO Fireplace : Cracks/ DirtyI Damper 1 Hearth! Lining/ Danger Ill Fire Door/ Firewails : Nonel improper Material I Placement nl Possible Asbestos Material 113 Evidence Of : Mold? / Wood Rat / Moisture 114 Stairs : Risers I Structural / Railing I Leaning/ Damage ISS Interior Access : Partial/ Restricted 119 Insulation: insufficient ! Placement I Danger if Damage 117 Atli, Ventilation : None/ Inadequate/ Screening/ Grilles 119 Garage D.wr.:: Operation if Out / Noisy / Reversing / Safety Cables 119 Central Vacuum: Operation / Out/ Net Operated I20 Evidence of Retrofit ! Evide:mr. of Repair --- I 1121 Amateur Workmanship Pub. BST Inspe4 LLC 899419-0191 Wood stoves & Fireplaces are not tested. Interior of chimney flues w9 not be inspected: requires special evaluation. Ate= (,... ? ?i l«rn?er ? Range ? Ekftt ? Gas ® Caoldop Ekdilt ? Gas ® Wan Oval ?Y1 Elearic ? Gas QI E dl asst Fan V? atenW oNdiarge Ft Rednulating ® Nkru vaw Dishwashdir 6M9aga Dkpoal ? Trash Compeetor ? IrstantHoe IGtchen 4n9oVed Oyes *no S YM 'D- NO n' NMMNM O Medium Mrt O Low 0 yes 0- no O HO O Medium O Low C Yes O rw O High O Medium O Low OO yes O no O High O Medium O Low *Vas Ono O High G Medium O Low (:.) yes O nD O Kgh O Medium O Low Ci yes O no Ov High O Medium O Low O yes Ono O High O Medium O Low O yes OO no O H'gh O Medium O Low 0 yes 0, no O wgh O Medium O Low No: 1010906052 ? WNW FRW 2 oF11111111111111111 ? narnodalad P CdurroMtop ? Formica ?Wood ® sold ? metal Outer: item K1 Kitchen Problem 7 Appliance Access : Not Operated / Restricted 7 7 K2 Refrigerator : Stains / Out / Noisy I Icemaker I Freezer / Aged / Damage K3 Range : Out/ Element / Sumer / Igniter/ Closure / Dirty/ Aged I Damage K4 Cooktorp •. Out i E%mant I Sumer 1 Igniter 1 Dirty 1 Aged 1 Damage KS Wall Oven : Out/ Element / Igniter I Closure / Dirty I Aged/ Damage KS Dialhumher : Operation / Out/ Noisy / Leaks I Rust I Aged / Damage X K7 Ks Microwave : Operation I Out I Noisy I Aged / Damage Trash Compactor : Operation / Out/ Noisy / Aged / Damage K9 Disposal : Operation I Out I " 1 Leaks / Rust I Switch I Aged X K10 Instant Hot : Out/ Leaks K11 Exhaust Fan : Operation I Out / Noisy I Discharge I Aged/ Damage K12 Countertop: Stains/ Loose/ Dalaminated / Damage X13 Sink : Stains I Leaks I Seals 1 Rinse Hose I Hardware I Damage K14 K13 Cabinet: Loose I Delaminated I Hardware I Damage Under Sink: Stains/ Moisture/ Suckled / Damage X X16 61ain Floor : Stains / Dolaminated / Buckled I uneven/ Damage K17 I Electric Supply J K13 1, Evidence of Rotrort / Evidence of Repair K19 Arn teur sNo l;rnaneh;p - KKdm Comments And Dauatptiom 1 Darn K6 Noted : Dishwasher-Aged : _ I K14 Noted : Cabinet : tip" west. Timers, Appliances are operations! tested for basic D lasts say. undermine o prior se or bsdurkV a fNyckes. magh?aetmst CON, portable dtslwraehers, themwsfaffi. etc. am not tested. Full 8e Pub. S&T InsosoL L28"1"104 Electrical servlae min Pannl t.eonen overt'" R Baserrtertt ? Undagraund ? Garage 'Vi Semi AMPS Other: W 200 ? 150 Bradrars ? 100 ? 60 , Main Pand Outer: ? Sub Panel ? Uppladed Servlae ? Fuses Vj GmundhV ? Main Pend MetalPlunbing ? Sub Parcel ? Gawping W/ Rod ? Mabt Dbtw r ed Outer ? Upgraded MNn Panel ? Sob Penal ? Basement ? Garage ? Iatdtent Other: Numbs: GasterawwriO ?i Ranters ? I7ngrcunded Romez ? Mob & Tube ? Capper ? A umdtxn No: 1010906052 ? R.opadar ? 2HOle ® 3HOle ? upgraded ? adapters 1iA- Gmund halt DWAM 2 Bethraorn ? Garage Fe Exterior ? Pod ? Basement ? Panel ?IOdw Other: ... ?.v., E3 Ell .. ..._. +k n of .?@.'. S sY nA' 1.G...`+Si+i r .a f . 1. ',, a ?u'i - l ., _ Electrical Samice : Not on at time of inspection it Inadequate _ E2 Entrance Cable: Undersized / Hanging too low I Drip Leg Loop / Frayed / Obstructed / Loose E3 Meter Base : Seal / Location / Loose / Rust E4 Access : Restricted / None ES Main Paine( / Sub Panel : Direct Wired I Multiple Taps I Blown Fuses I Tripped Breakers I Overfusing if Labels I Expansion Room E6 Main Panel I Sub Panel : Water I Moisture I Rust Evidence I Damage E7 E8 Fixtures/ Boxes: Operation if Broken/ Open to weather / Covers if High Hat Lights GFCI Devke : Operation I Ladt0f X E9 Grounding Straps I Rod : Missing I Broken/ Loose 030 Wiring : Burnt/ Frayed if Improper Splicing Ell Knob and Tube Wiring System E12 Aluminum General Lighting Circuits E13 Receptacles : DeadI BrokenI Ungrounded I Ravened Palo* I Covers/ Bumt/ Painted / Poor Connections / Loose X l E14 Receptacles : Distribution I Three Hole Ungrounded Eli SSrRches/ Dimmers : Operation if Broknnl Covers X 016 DoorbcN : Operation / Broken E17 , CONTACT HAZARD I I Elt Evidence of Retrofit / Evidence of Repair i E19 I Amateur Wcrkmanstrio Pub. B&T Inspaet, LLC 60"1"167 Plumbing No: 1010906052 Pum water control UnrisNshiane [JI' water Heats Sewage V PrWa er Yysil a! Internal supply Linea Mai Electric ? Public Privals Win Shutoff Location ? Plastic ? Brass ? Natural Gas ] Pump ? Alarm W, Basement W, Copper ? Gelvanized E] Propane 7y Bathroom materials ? Utility Room Omer: ? O8 Ceramic W Fiberglass Omar: Qj Hosabibb Omer: ? Enamel ? Vinyl t: main Supply Piping Standard 80 Gallons: Omer: PM80C ? Brass Frost Prod Yom Old: y? Washer- Copper l Galvanized ? FhRure Shutoff DralnNerd Material Dryer' Other: ? Yea F-1 No 12 Plastic R Cast ? Gas 7' 7t Electric ? Treatment system* ? same W Copper ? Galvanized Omer. fi;.e. ^_}tylatffllb - 3 c ?'91M? i W Pl t4' -1 I,.,. ,, .. .. .... .. ..._., .... _. t ppiy rat tamed on at ton-e of insr,.ciron _ P2 Water Main Shutoff : Leaks if Corroded / Galvanized / Access P3 Water Pump / Water Tank : Operation / Rust I Corroded / Aged P4 Water Pressure Low : Throughout I Localized PS Slow0rain : Sink/ Bathtub /Shower Stall PG Toilet : Steins / Leaks / Loose I Hardware / Flush / Floor / Damage P7 Stwm I Tub 1 Whirlpool : Stains I Leaks I Acce»s I Door I Floor I Damage I X Pill Sirks : Stains / Leaks / Loose I Damage P9 Fixtures Pap-up I Diverter: Leaks / Loose I Missing I Hot and Cold P.evemed / Damage P10 ( IN 1 Bathroom Tile : Grout I Caulk I Damage Bath Fan : Operation / Noisy / Exhaust / Nore )C P32 Traps : Leaks ! Corroded I ktissing / Installation I S Traps P13 Supply Pipes ! Valves I sieset Veld : Leans I Corroded 1 M'atenail N?atarhemmer 1 Hangers P34 Drain Pipes : Leaks / Corroded / Loose / Slope / Vent / Damage Pis Water heater : Leaks / Rust / bent / Back Draft / Agad / Size / Access / Noisy / TP Valve & Exferrsion I Drip Gan P16 Dryer Vents : Installation / Length / Miterai / Damage P17 Washer / OW: Not Tasted / Operation / Drip Pan X Pn Supply anC Waste System Crossover 1`19 l Freeze Hazard : Extohor Hosebibbs I Pipes I Valves P20 P21 Lead Piping ? : Supply/ Way.e - d.-.r,.ce of 8_troft (6l,aenss of'-C' if Plumbing Comments And Descriptions Noted : Shower: Maintain caulk at all wet areas: tub, tee, shower, shower doom. storks, counter tope, fidures, watts arc Noted : Batlroorn Tfle : Matrtaln barn room t le from water penetration. ---- -..?--- PT/ Noted : Dryer-Not Tested : 'Requkm special testing Not tested as part of the home Inspection. Only tested H requested. Full testing should be under taken prior to. or during final walkmrough. Pub. BAT Inspect, LLC SW299-0981 Basement / Crew{ Space ?; BatameM Full ? Partial Cellar ? Crawl $Paeo ? Entered ? Inaccessable ? Slab ? Combination E Flooring [,' Concrete ? stone W vinyl ? Carpet ? Dirt Dow: W Wall Material Fe Painted ? Parged ? Stine ? Paneled ? Drywall Other: Finlahetl Basement V Partial ? Complete Insulated Pipes ? Partial ? Complete ? Insulated WallslCellhgs !-',; Partial ? conplate Heat/cool Partial ? Complete No: 1010906052 Outside Enterance venom n ?? Windows ? Vents F: Molsture Control R Sump Pump ? Floor Wall Sluice ? Wall Sealant J Drains 9 Dehumidifier item lsmmt I Crawl Space problem Major Minor Noted' 81 Basement Access I Crawl Space Access : None / RestrictEd / Cluttered 62 Basement harilation I Crawl Space Insulation : None I Poor I Partial I Reversed I Placement / Fallen / Damage X 83 Basement : Freshly Painted / Remntly Finished 84 Basement I Crawl Space : Vapor Barrier I Odor I Mold? / Wood Rot I Wood Contact On Dirt Floor 6S Basement / Crawl Space : Material Resembles Asbestos? 86 Basement I Crawl Space : Flooding/ Moisture / Seepage if Wet / Stains 87 Basement Ventilation / Crawl Space Ventilation : None / Poor IM Basement / Crawl Space : Unheated / Freeze Hazard 99 Slab-Evidence of : Moisture / Wet B10 Parging : Loose I incomplete 811 Sump Pump : Operation if Not Operate / Out / Added Late / Aged / No Cover/ Discharge / Access x 812 Area Drain at Outside Entrance : None/ Debris 513 Evidence of Retrofit / Evidence of Repair 814 Amateur Workmanship Pub. 66T brspeet, LLC 866-218-0161 PPr teary Heat W Furnace 9 oil CJ Coal ? Gas ? LP Wood Other: V Had Pump ,W Air ? Geothermal ? a]ecbtcBack-W ? Hydroklnatio Other: ? Electrk Resistance ? solar ? Combination System Heating & Cooling Heat Distrt utlon Auxilarv Hest prl[, Centre/ unit u6 Space Hader ® Beeement F Garage Electric ? Gas ? utility Room ? Oil ? LP Other. Othw.. Air Dual ? Woodit" stow- E] Gravity I Forced Air C"Itta T sailor [ Had temp ? steam wl water E] Wall Unit Radiates Baseboard ? Window Unit ? Gravity ? Pumps ? Central Air Unit Other.. ? Basement ? Rad and ? Cred Space ? Attic p Maiupkdone DOW. No: 1010906052 m1wellarteous Fuel Tank [vr Inside ? Ou4ide ? LP 011 ? Burled Main PUM Shutoff ® Basement ? Usity Roan ? F-tdedor DOW. Hudmidtller R Thermostat Control Q Central w Multiple ry] CO Detector"` theea locating fn Caosnp MobMnri "laj°' "6n°r HI Equipment Not Operated : Heat 1 Space Heater / Air Conditioner I Other 1112 Heat Pump : Operation I Noisy I Leaks I Corroded I Dirty I No Backup I Condenser I Fan 1 Location I Rust if Aged H3 Furnace : Operation l Noisy l Leaks I Corroded / Dirty/ Firebox I Burner / Heat Exchanger / Fan if High CO / Danger / Rust / Aged X H4 Boiler : Operation if Leaks I Dirty 1 Rust 1 Aged HS ArConditions : Operation I Noisy I Corroded I Dirty/ Drain/ CondenserI Drip PanI Fan I Rust / Aged X 1116 Circulator Pump / Condensate Pump : Operation I Noisy / Leaks X H7 Space Heater : Operation I Noisy I Corroded I Dirty I Rust I Danger 1116 Humidifier : Corroded/ Dirty/ Rust 149 1 Wood Stove : Clearances 1 Materials I Damper / Rust H10 Fuel Tank : Leaks I Placement I Condition I Abandoned H31 H12 Air Filter : Missing / Dirty/ Not Viewed if Electric Out Ducts I Register : Placement I Not Visible / Noisy I Missing I Damage X H33 Flues : Installation I Unsafe I Damper I Back Oraf / Rust / Damage N14 Heat Distribution / Cooling Distribution : Norio / Inadequate /Uneven H13 Thermostats I Controls : Operation / Broken/ Missing / Loose/ Location H16 Switches I Wiring : Operation I Burnt / BrokonI Missing it Loose 11117 Valves 1 Pipes / Gauges : Operation I Missing I Corroded / Damage His Radiators/ Baseboards : Handles / Leaks / Covers 111119 CO Dacteaers : None/ Location / Quantity M20 1 Evidence of Retrof;t / Evidence of Repalr N21 An•2teur Vlot krndnship tan -- MewhVilitCooltingConswentsAnd- 'Pit" 411 Minor : Air Flker-Dirty : Second floor urdL air filter very orty, restricting air flow. - H3 ?Noled : Furnace-FMB6ox : NO liner in bolter fire bat Have furnace Cleelled and eeraiCed yeety. H5 Noted : Air Caxitioner: 2nd floor unit- room temp 72 degrees, realm temp 73 degrees, air con HS Noted : Condensate Pump : n ottested. i • Solar systems wilt not be inspected: requlrce specal evaluation. ••• CO (Cebon Monoxide) detectors are not tented. Wood stows & Fireplaces are not tested. Interior of chimney flues will not be inspected; requires special evaluation. Pub. B&T Inspect, LLC 868.218-0181 Structural ? Slab Ri Foumlatlon floor 9 Framing Material ?.._ _ ? Crawespece W Concrete Wood ... ? Fug ? Stone ? Metal ? Partial ? Dirt ? Masonry Basarnent other other F Full Support Columns W- Floor Framing ? Partial 2 Black El Tnlsw Foundation Walls ? Bride Fn 7015ts ? poured ? Metal ? Combination ? Prefab ? Wood other IY? Block Other ? Log Home ? Stone ? Evidence of wood other Past TtYbnant No: 1010906052 VY Mastructure ? Tosses Rafters ? Combination ? Aft Floor Sheathing Other AtfiC Access 2 Hatch ? Suers ? Pull Down Stairs Other Y S1 FourMefbn / Floor Framing Access : Restricted / None x 82 Slab: Cracks/ Heaved/ Settled/ Damage S3 Basement Floor I Crawl Space Floor : Cracks / Heaved if Settled / Damage S4 Basement Wall / CraM Space Wall : Cracks/ Bulge / Settled/ Damage X SS Footing : Rotation I Unstable / Erosion / Damage 56 Support Columns : Unstable/ Cracks/ Warped/ Base! D<_terleration I Unanchored ! Rust S7 Floor Joists/ Trusses :Cracks/ Deterioration / Deflection /Span SO Sub-floor / Sill plate : Rot! Delaminating S9 Wall Framing : Deterioration! Deflection if Bulge S16 Lintel: Cracks/ Deterioration/ Deflection 511 Beam : Cracks I Deterioration I Deflection I Span I Cut S12 i_ Roof Ratters / Roof Trusses : Cracks / Deflection / Size / Span / Repair ? S13 Roof Sheathing : Deterioration if Delaminating / Sagging / Warped $14 Evidence of Wood Boring Pests S13 Evidence Of : Rot/ Moisture/ Condensation/ Mold? S16 Attic Access : Restricted / None S17 Evidence of Retrofit / Evidence of Repair Sj 15 j Ama+eur `fJOrkrnar?ship Pub. B6T Inspect, LLC 8864164161 iep 09 05 07:54a Youngs Septic 7174328056 p,l P.O. BOX 704, DILLSBURG, PENNSYLVANIA 17019 crop T« Nancy Vencil From Susan Few 697-7347 Pages: 6 Places; 697-6553 Data 0910j=5 Rs; Septic Report CC: ? Urgent ? For Review ? Please Conisnent ? Please Reply ? Please Recycle e Comments: Graham to venal 1 Cumberland Estates, Mechanicsburg I am also fabng quotes for extension work and locate absorption area. Originals to be mailed Information faxed to reaRor, Mary Eberly at Jack Gaughan SIP 08 05 07:54a Youngs septic 7174328056 P-2 YOUNG'S SANITARY SEPTIC SERVICE pYOUNC703 DIL MURG'S ORIGINAL SEPTIC TANK SERVICE SINCE 1962 Septic Tank Cleaning, Repairs & Real Estate Inspections MadingAddr+ess: P.O. Bur 704, Dillsb:ag, PA 17019 F=(717)432-MM DWs1ur8 4323514 • Mechanksburg 691-9360 • Dove 292.4967 Gettysburg 337-3999 • Hanover 630.9992 September 6, 2005 Mts. Nancy Vencil 2254 Old Hollow Road Mechimicsburg,Pennsylvania 17055 SUBJECT: On-lot Wastewater TreaftwA System Inspection Graham Property 1 Cumberland Estates Drive, Mechanicsburg, Pennsylvania Dear Mrs. Vencil: At your request, the subject service was performed on the property located at 1 Cumberland Estates Drive, Mechanicsburg Pennsylvania on September 6, 2005. ON-LOT WASTMATER TREATMENT SYSTEM INSPECTION During the interior inspection of the home it was noted that the washing machine and utility sink gray water discharges to an undetetmiaed location. By today's on-lot wastewater treatment system standards all gray water is to discharge into the septic tank The septic tank was located. According to the homeowner's installed drawings the septic tank is a two- compartment 1250-gallon concrete septic tank with an effluent filter. The access ways to the septic tank are approximately 18 to 30 inches below the surface of the ground. Due to the Way water not discharging taco the septic tarok, the depth of the septic tank and extreme hard ground conditions the septic tank was not excavated open, pumped, cleaned nor inspected. Due to the depth and the extreme hard ground conditions a complete delineation and inspection of the absorption area could not be conducted. CONCLUSIONS AND RECOMMENDATIONS By today's Pennsylvania Sept ige Management Association(PSMA) Standards the overall rating of the on- lot wastewater treatment system cannot be determined at this time. The washing machine and utility sink gray water should be redirected into the ondot wastewater treatment system. The complete on-lot wastewater treatment system should be evaluated after 30 days of normal day-today use, or a hydraulic loading test should be conducted. In order to excavate open the septic tank mechanical excavation will be necessary. Also, in order to completely delineate and evaluate the absorption area mechanical excavation will be necessary. Once, the septic tank lids have been excavated open we would recommend that the access ways be extended to within 6 inches of the ground surface. S,b'p 09 05 07:54a Youngs Septic Mrs. Nancy Vencil 2254 Old Hollow Road Mechanicsburg, Pennsylvania 17055 September G, 2005 Page 2 7174328056 SUBJECT. on lot Wastewater Treatment System Inspection Graham Property I Gtmbetla nd Estates Drive, Mechanicsburg, Pennsylvania This letter is imerrded only as a report of the present condition of the on-lot wastewater treatment system, based on whet we were able to observe. Young's Sanitary Septic Service does not warrant or guarantee the proper functioning of the system for any time in the furore. The conditions of the system in the fume will depend upon the size of the family that utilizes the system, the maintenance schedule employed by that family, the family water conservation practices, and weadwoonditions. Because of the numerous factors that may effect operation of the on-lot wastewater treatment system, as well as the inability of Young's Sanitary Septic Ser ioe to monitor the use or maintenance of the system, this report shall be construed only as a report of the operating condition of the system on the date of the inspection. Young's Sanitary Septic Service specifically disclaims any warianty or assurance, either expressed or implied. associated with the future performance of the system, the inspection of the system, or this report. Sincerely.. Kyle. Rigby, Young's Sanitary Septic Service Certification Number 730 TW/so p.3 Sep 09 05 07:55a Youngs Septic 7174328056 p.4 YOUNG'S SANITARY SEPTIC SERVICE YOUNG'S DIIISBURG'S ORIGINAL SEPTIC TANK SERVICE _ SINCE 1942 Septic Tank Cleaning, Repairs & Real Estate Inspections Mailing Address: P.O. Box 704, Dillsbu -& PA 17819 • Fa:: (717) 43Z4M DgW nq 4323514 • MedwAcsburg 691.9360 • Dover 292-4967 • Gettysburg 3373999 • Hanover 6309992 September 7, 2005 Mrs. Nancy Venal 2254 Old Hollow Road Mechanicsburg pentiglvania 17055 SUBJECT: Access way ExtensionJU&Mstall Graham Property 1 Cumberland Estates Drive, Mechanicsburg, Permsylvania Dear Mrs. Vencil: Young's Sanitary Septic Service is pleased to offer you the following quote to excavate open the septic tank lids, deliver and install extensions and lids and adapters if aecessary. We will provide all May labor and materials. All distributed mils will be rough graded. No reseeding will take place. The cost will be $400.00 - $500.00.. It should be noted that any additional work would not be undertaken without prior authorization. Terms of payment are at time of service. In proceeding with the repair to the on-lot wastewater treatment system, the homeowner is being notified of potential problems that may occur when excavating. It has been our experience there are time.; when underground household electric wiring, telephone wiling, cable TV wiring and pipes that have been installed and we not, located by PA One Call. If one or any of these exists there is risk that they be accidentally cut or severed during excavation. Young's Sanitary Septic Service and its employees will assume ales responsibility for My damage to underground household electrical whing telephone wiring, cable IV wiring and pipes. If authorization is received to proceed with excavation and damage occurs to any of the above, Young's Sanitary Septic Service will repair darnage at owner's expense, or owner may contract repairs by a secondary vendor. 1 have read and faltv understand the above information and grant Young's Sanitary Septic Service to continue with the excavation under these condtions. Ifthisproposal is acceptable, please sign and return a copy to awkortze the work. Sip ly, Kyle Young Sanitary Septic Service KER/m 1 authorize the work as stated above. Person Responsible for Payment Date Sep 09 05 07:55a Youngs Septic 7174328056 p.5 YOUNG'S SANITARY SEPTIC SERVICE 'S DHIS BURG'S ORIGINAL SEPTIC TANK SERVICESM& SINCE 1902 Septic Tank Cleaning, Repairs & Real Estate Inspections Mailing Address: P.M Box 704, DiRsburg, PA 17019 Fax: (717) 432-8056 DM*urg 432-7514 • Mechamrsbnrg 691-9360 • Dover 292-4967 Gmys" 337-3999 • Hanover 630.9992 September 7, 2005 Mrs. Nancy Veceil 2254 Old Hollow Road Mechardoib MPenosylvania 17055 Re: Locate and Iuspeet Absorption Area Caaham property I Cumberland Estates Drive Mochanicebtirg, Pennsylvania Dear Mrs Ve ricil: Young's Sanitary Septic Service is pleased to offer you the following quote to locate in cojunction with a re-inspection of the absorption area at the above subject property, The cost will be $100.00thr for a minimum of $200.00 plus a reiaspectian fee of $150.00 wbkh includes a detailed letter of our findings An distributed soils will be rough graded No reseeding will take place . Care will be taken to minimize damage to any trees, shrubs, plants and other landscaping Should damage occur Young's Sanitary Septic Service will not be responsible. Youngs Sanitary Septic Service is required by law to contact PA One Cali prior to any digging. Youngs Sanitary Septic Service and its employees will assume m responsibility for in damage to private buried underground wires: pipes and structures. If authorization is received to proceed with excavation and damage occurs to the wiring, Youngs Sanitary Septic Service will repair damage at owner's expense, or owner may elect to contract repairs by a secondary vendor. Terms of payment are at time of service. I have read and fully understand the above information and grant Young's Smritvy Septic Service to continue with the excavation under these conditions It this proposal is acceptable, please sign and return a copy to authorize the work I authorize the work as stated above. Date Sep 09 05 07:55a Youngs septic 7174328056 P.6 YOUNG'S SANITARY SEPTIC SERVICE, INC. P O BOX 704 DILLSBURG, PA 17019 717-432-3514 FAX=717-432-8056 BILLING ADDRESS 1 CHARLES GRAHAM Phone: Fax: I SERVICE ADDRESS CHARLES GRAHAM 1 CUMBERLAND ESTATES DRIVE MECHANICSBURG, PA 17055 10000000025 1 19211 109106105 1121465 1 11NET15 1 DESCRIPTION OF ITEM CITY RATE TAX AMOUNT )9/06/05 REPAIRS AND SERVICE 85.0000 85.00 918/2005 TRUCK SERVICE CHARGE (SELLER EXPENSE) )9/06/05 INSPECTION 300.00 300.00 9/6/2005 BUYER EXPENSE lul Total this invoice#=121465 Site#-- 9211 Cust iI=OOOOD00025 PLEASE DETACH AND RETURN WITH PAYMEN" Statement Date Current 85.00 Sub-total this invoice 385.00 09/09/05 30+ 0.00 SALES TAX 0.00 60+ 0.00 Paid amount 300.00 g0+ Statement Total 1 CUMBERLAND ESTATES DRIVE MECHANICSBURG, PA 17055 0.00 86.00 Current invoice balance 85.00 Paid amount: REPLY TO INSPECTION/APPRAISAL REPORT(S) C (DU- Y RR AND/OR CHANGE OF TERMS AMENDMENTS TO AGREEMENT OF SALE This form nxommended and approved for, but not restricted to use by, the members of the Pennsylvania Association of REALTORSa (PAR). t PROPER 2 SELLER 3 BUYER 4 DATE Of 5 REPLY TO INSPECTION/APPRAISAL REPORT(S) AMENDMENT s In re y to the following inspection/appraisal reports and corrective proposals only: r Property Inspections (Home Inspection, ? AppraisallMortgage Lender Inspection a Plumbing, etc.): ? Wood infestation 9 ? Radon i o ? Corrective Proposals (attached): ? Lead-Based Paint » ? Water service 2 ? Individual On-Lot Sewage Disposal to 1. ? Buyer accepts the Property in the condition reflected in the above reports ? Certificate of Occupancy ? Other: 14 2. ?? Buyer terminates the Agreement of Sale (only if provided for by the terns of the Agreement). is 3. 0 Buyer accepts the Property and Seller will: 16 a. OSeller Repair: At Seller's expen_se?-Prior to settlement make the following repairs and/or corrections to the Property rr in a workmanlike mmmer..Gtl??vr4mtmr 1-4-J I. Wrrd/ ) jw"Ig4rs K__l .. .?_.. ," t o- i is rs 20 21 22 _ 23 24. 25 26 27 b. _ 0 Corrective Proposal(s) At Seller's expense, prior to settlement, make repairs and/or corrections according to the terms of the following attached Corrective Proposal(s): c. ? Repair Credit: Seller will credit $ towards the costs of repairs and/or corrections to the Property (provided it is acceptable to the mortgage lender, if any). d. ? Change in Terms: Agree to change the terms of the Agreement of Sale as stated in the Change of Terms Amendment below. 28 SELLER AND BUYER MUST RESPOND WITHIN THIN TIME PERIOD(S) STATED IN THE AGREEMENT OF SALE. 23 BUYER AND SELLER RETAIN ALL RIGHTS, INCLUDING TERMINATION, AS PROVIDED IN THE AGREEMENT IF 30 THESE RESPONSE TIMES ARE NOT MET.CHIANGE OF TERMS AMENDMENT. 31 1. ? Extension of Time: 32 a. The time period stated in paragraph line of the Agreement is extended to 33 b. The time period stated in paragraph , line - of the Agreement is extended to 34 c. The time period stated in paragraph line of the Agreement is extended to 3s . All other related time periods will remain as stated in the Agreement. 33 2. ? Change of Settlement Date: Settlement date is changed from to G7 3. ? Seller Assist: Seller will pay $ _toward Buyer's costs (as permitted by mortgage lender, if any). 38 4. ? Purchase Price: Purchase price is changed from $ to $ sa 5. ? Mortgage amount: Mortgage, amount is changed from $ to $ i. :0 All other terms and conditions of the Agreement of Sale remain unchanged and in full force and effect. u' WITNESS r lr. ` BUYERS l 'y DATE 3 WITNESS BUYER DATE :3 WITNESS / BUYER - s. / ¢? '? ^ ° IT- DATE D /_ n r :4 WITNESS SELLER . 1 ,,1t ??t?f DATE q-- WITNESS SELLER./ % DATE =c, WITNESS SELLER / DATE tP1 IXN113fT 1/12481998 06 12 PM ORANPM MOTOR 00 SOJ VA S5P-21-2005 WEd t?r?sa-?g95 09i2?t?@@5 1A: B9 y TO I!!G?'??ryAp?.'t13??T0 AGOATyw Of III N Fa sms 0 2CN __- ` a 9 V 6+"' r" 8' _?? p A?. A?pL ?pybpoyely Q yy of OOMPOCT old 1,0AWboral Oil ! a Ias* "r><'aw r ya in - --- " . ? r? row o Q? ylr4R""t??) ?ovc is vide `: is L?BgYK???ygya?uoty?FaO ficreY u 3 O dypPcaPY al {albwln6 ? it 31 B+rl? ?? y 4t7Ot .? /slow it y a+vaaAa It, to IT pw ;0 t+ I.aaaskte , yeYraO !t?ie)iW .?? ." 000 at TWO at tram" COO Saw it is *0 or S&I Uv'W ?WWOOQtiaaxT? ALL WNOTW. 31 To tot of dia @enYl Ila 23 S,Tiw++ tott!°°d' &M is 1 44 Aso- Ow SdkKk1 trfg Pb is aaan, 001 5.0 padw,"0icy g dad ?'?` AATB 5. E3 SKI mil M d OA( at ddsthK? " DAO 40 As M - _ D1?TB DATE . VPtt at ova DAB DRDZ . 1; µ YP!'i `,_? COPY REPLY TO INSPECTION/APPRAISAL REPORT(S) AND/OR CHANGE OF TERMS AMENDMENTS TO AGREEMENT OF SALE This from recommended and approved for, but oct restricted to use by, the members of the Pennsylvania Association of REALTORSO (PAR). t PROPER 2 SELLER a BUYER 4 DATE 01 RR s REPLY TO INSPECTION/APPRAISAL REPORT(S) AMENDMENT s In reply to the following inspection/appraisal reports and corrective proposals only: 7 Q Property Inspections (Home Inspection, ? Appraisal/Mortgage Lender Inspection ? Certificate of Occupancy a Plumbing, etc.): ? Wood Infestation ? Other: 9 ? Radon 10 Q Corrective Proposals (attached): ? Lead-Based Paint t ? Wyter Service 12 lyIiidividual On-Lot Sewage Disposal to 1. ? Buyer accepts the Property in the condition reflected in the above reports. 14 2. ? Buyer terminates the Agreement of Sale (only if provided for by the terms of the Agreement). is 3. UBuyer accepts the Property and Seller will: 16 a. 0 Seller Repair: At Seller's expense, prior to settlement make the following repairs and/or corrections to the Property 17 in a workmanlike matmet(DQ&,&_ yb hn're%ca2 /?tnrcayTa? v r?rrC-ir?? s'i.?k! i t.+}*slr.?i??%?.t'.trnr?,l to 19 20 21 22 23 24 25 23 27 r r? 1.,4 /.S C rJS?ic ^;>f Co ve?Pro r F7411 V Fes r" a_/ t?p t rS - fj--44 ?X•V-x ;cs JD /,e, ,W ID 0,v/ .; e.t_t e b. 11 posals): At Seller's expense, p or to settlement, make repairs and/or corrections according to the terms of the following attached Corrective Proposal(s): c. ? Repair Credit: Seller will credit $ towards the costs of repairs and/or corrections to the Property (provided it is acceptable to the mortgage lender, if any). d. ? Change in Terms: Agree to change the terms of the Agreement of Sale as stated in the Change of Terms Amendment below. 2s SELLER AND BUYER MUST RESPOND WITHIN THE TIME PERIOD(S) STATED IN THE AGREEMENT OF SALE, :.9 BUYER AND SELLER RETAIN ALL RIGHTS, INCLUDING TERMINATION, AS PROVIDED IN THE AGREEMENT IF 3a THESE RESPONSE TIMES ARE NOT MET.CHANGE, OF TERMS AMENDMENT. 31 1. O Extension of Time: 92 a The time period stated in paragraph , line of the Agreement is extended to 33 b. The time period stated in paragraph , line of the Agreement is extended to 84 c. The time period stated in paragraph , line of the Agreement is extended to s, All other related time periods will remain as stated in "the Agreement. 2. ? Change of Settlement Date: Settlement date is changed from to 3. ? Seller Assist: Seller will pay $ toward Buyer's costs (as permitted by mortgage lender, if any). 4. ? Purchase Price: Purchase price is changed from $ to $ s9 5. ? Mortgage amount: Mortgage amount is changed from $ to $ a All other terms and conditions of the Agreement of Sale remain unchanged-and in, full force and effect. <t WITNESS':. BUYER DATE " WITNESS () 1. ,- .. .Ie. BUYER DATE 3 WITNESS BUYER ?/z DATE 14 WITNESS DATE EL ]k s WITNESS SFLYER DATE WITNESS SELLER DATE -P_ Inc. 861 Traver Drive - Lewisberry, Pa. 17339 W W W.DAVIDLEROYPLUMBING.COM E-Mail: dleroypl®epix.net Phone: (717) 938-8214 Fax: (717) 932-0701 June 6, 2006 Mrs. Nancy Vencil 2254 Old Hollow Road Mechanicsburg, PA 17055 Re: Property at 1 Cumberland Estates, Mechanicsburg, PA Mrs. Vencil, I was asked to inspect the property at I Cumberland Estates, Mechanicsburg, PA on December 8, 2005. Upon inspection of the basement, I found signs of mold around the edges of the walls. I believe there is too much moisture in the basement. Upon further inspection of the property, I detected an odor on the 2"d floor. I checked all ductwork to see if there were any signs of mold. I was unable to pin point the cause of the o dor. If you have any questions, please feel free to call me at the number above. Q4 G rely' HVAC Supervisor G & R WESTBROOK, INC. 562 E. Old York Road Boiling Springs, PA 17007 (717) 258-6403 (800) 517-9566 TO Scott & Nance Vencil 2254 Old Hollow Road Mechanicsburg, PA 17055 I N 10 i? [P y INVOICE # 42 EMP. ID# #25-1743934 Date 09/15/2005 Well No. 1 CMlgbrI 1 ts1-wl-a Reference No Job No. Job Date 09/09105 Terms: Net cash 10 days - 1 1/2% per month on unpaid balance after 30 days 1 I ;Service Call 7.51Labor 1 ' 1 I AR foot valve 1 1 i 1 1/4" brass coupling TA41 . - LCJ-X44' ?A e ,c,X*IS ? i V4 Y?m 7' CC I i Total Amouot Due i -7"'" / $70.001 $70.00 $55.00 $412.50 $15.50 $9.00 4 1 i `507,00 _ j , I G& R WESTBROOK, INC. I N V O I C E 562 E. Old York Road NO 158 Boiling Springs, PA 17007 (717) 258403 (800) 517-9566 I.D. #25-1743934 Date 12/10/2005 TO Nancy & Scott Vegy h Well No. 2005-158 22254 Old Hollow Road Reference No Mechanicsburg, PA 17055 Job No. 1 Cumberland Estates Job Date 12/05/05 Terms: Net cash 10 days -- 1 112% per month on unpaid balance after 30 days 60 (Feet of 61/4" steel well casing 200 Feet of drilling 1 I ! 1 well Cap i j iDrive Shoe Grouting of well casing (Beniseal) lBackhoe work and moving charge for pulling i well drilling rig into location to drill i f 4Total Amount Due App. 20 gallon per minute $10.50 I $630.00 $6.75 $1,350.00 I I $50.00; $50.00 $75.00 $0.00 I $210.00 $250.00 I i i $2,490.00 i 'Ilut«k Zlou t ion WELL OWNERIOLOUiREQ) .. 60OPYl INVOICE Biechler & Tillery Inc 2843 North Front Street Agent Name Harrisburg, Pa. 17110 Ph (717) 221-1004 Fax(717)221-1005 Customer Name Nancy Vencil 1 Cumberland Estate Drive Mechanicsburg, PA 17050 TERMS on site Description Full Home Inspection Wood Pest Inspection E-Perm Radon Test Mary Eberly Jack Gaughen ERA 3915 Market Street Camp Hill, PA 17011 Rep Access Requested SEM Lock Box Buyer Directions 2845 / F-1 Bacteria & Chemical Water Test-Conventional 250.00 35.00 95.00 140.00 Total $520.00 INVOICE DUE ONSITE OR 30 DAYS FROM INSPECTION We accept MC, VISA, Name on credit card Account# Expiration date DISCOVER and AMERICAN EXPRESS VC Code Type of Credit Card Signature EXHIBIT Invoice Number 24145 Date 9/6/2005 Time 12:30 AMOUNT Biechler & Tillery Inc. 2843 North Front Street Harrisburg, Pa. 17110 Ph (717) 221-1004 Fax (717) 221-1005 09/07/2005 SALE Total: $520.00 American Express ANOWN? Exp. Date: 06 / 07 Name: Nancy Vencil Auth. Code: 184251 OuickBooks Trans. No. Trans. 10: VKMA0O02FBE9 Merchant No.: 4288985000367333 X Signature I agree to pay the total amount shown above in compliance with the cardhokier agreement MERCHANT COPY HU( Cc UD UT;YUI.' luun6o YOUNG'S SANITARY SEPTIC SERVIC DILLSHURG'S ORIGINAL SEPTIC LANK Sh'RVICIi SINCE /942 Septic Tank Cleaning, Repairs & Real Estate Inspections Mailing Address: P.O. Box 704, Dillsburg, PA 17019 • Fax: (717) 492-8056 DiHsburg 432-3514 • Mechanicsburg 691.9360 • Dover 2924967 • Gettysburg 337-3999 • Hanover 630-9992 August 22, 2005 Mrs. Nancy Vencil, Buyer 2254 Old Hollow Road Mechanicsburg, Pennsylvania 17055 SUBJECT: On-lot Wastewater Treatment System Inspection Authorization Graham Property I Cumberland Estates, Mechanicsburg, Pennsylvania The following is an Inspection Authorization Form for the above subject property. Please carefully read and authorize this work. The inspection will not be performed until an authorization form is signed and returned to our office by mail or fax. During the inspection, the homeowner or an authorized agent muse be present- PLEASE NOTE ALL AUTHORIZATIONS MUST BE RETURNED TO YOUNG'S SEPTIC SERVICE 24 HOURS PRIOR TO INSPECTION. AUTHORIZATIONS NOT RECEIVED BY THIS TIME WILL RESULT IN CANCELLATION OF THE SCOEDULED APPOINTMENT. Is the property vacant? Yes No / If vacant, for ]tow long? ..._, _ _ The inspection will be performed following industry standards. I request and auNt wize Young's Sanitary Septic Service or its agent to perform an on-lot wastewater treatment system inspection at the above subject property. The inspection is scheduled for Tuesday, August 30, 2005 at approximately 1:00 p.m., depending on weather conditions. Authorization is hereby granted for Young's Sanitary Septic Service or its agents to enter the property to perform said services. Authorization is aloe gr uited to contact any previous septic pumping service and/or inspector. The inspection fee is $300.00 plus the cost for septic pumping :md excavation to remove dirt from the lid a? or lids if necessary. If for any reason, it is decided not to co*' fof 3)?` the vacuum pump truck, plus the $300.00 insp uyer expense - inspection 53110.00. FE ?e?0 BE COLLECTED AT '!'/MF. OF SERVIC'E' WHF.' HER /NSPF.CT/ON IS COMPLETED OR NOT. t? ?> TERMS OF PAYMENT ARE C.O.D. I REALI'L PONSIBLE NT REGARDLESS OF THE FINDINGS OF THE INSPECTION. PAYMENT OF CASK R CHECK IS REQUIRED AT THE TUNE OF SERVICE. V Rug 22 05 04:41p Youngs septic , ..,_____ Mrs. Nancy Vencil, Buyer 2254 Old Hollow Road Mechanicsburg, Pennsylvania 17055 August 22, 2005 Page 2 SUBJECT: On-lot Wastewater Treatment System Inspection Authorization Graham Property I Cumberland Estates, Mechanicsburg, Pennsylvania The above listed work will be performed by Young's Sanitary Septic Service, or its agents, in accordance with Industry Standards for conducting on-lot wastewater treatment system inspections. Due to the numerous factors which may affect the proper operation of the on-lot wastewater treatment system, as well as the inability of Young's Sanitary Septic Service to supervise or monitor these functions, or the maintenance of the system, this inspection and the report to be issued do not constitute and shall not be cote mted as a warranty by Young's Sanitary Septic Service that the system will 11muion properly for any particular period of time or for any particular prospective buyer. In proceeding with the septic tank pumping of the on-lot wastewater treatment system, the homeowner is being notified of potential problems that may occur when excavating the septic tank lid It has been our experience there are times when there are underground household electric wiring, telephone wiring, cable TV wiring and pipes that have been improperly installed over the septic tank. [tone or any of these exists there is risk that they be accidentally cut or severed during excavation. Young's Sanitary Septic Service and its employees will assume no responsibility for any damage to underground household electrical wiring. If authorization is received to proceed with excavation and damage occurs to any of the above, Young's Sanitary Septic Service will repair damage at owner's expense, or owner may contract repairs by a secondary vendor. PLEASE NOTE ALL AUTHORIZATIONS MUST BE RETURNED TO YOUNG'S SEPTIC SERVICE 24 HOURS PRIOR TO INSPECTION. AUTHORIZATIONS NOT RECEIVED BY THIS TIME WILL RESULT IN CANCELLATION OF THE SCHEDULED APPOINTMENT. dab ve methorization on hereby grant pennission for the inspection. .4ny informmion on is inspecti n is t e complete to my know/edge. 1 agree that o signed fzarimile r is s le for any legal owners. (?/ ! --i- Date 08/24/2006 17:21 7176977347 NANCY WHITE VENCIL VTRIFIGATION I, Nancy White Vencil, the Defendant In this matter, have read the foregoing Answer, New Matter and Counterclaim. I verlfy that my averments in this Answer, New Matter and Counterclaim are true and correct and based upon my personal knowledge. I understand. that any false statements herein are made subject to the penalties of 18 Pa. G.S. 4904 relating to unswom Dated: ?' ..? TT 'd 8599 LPL LSG 'S3.W1OCSSd 2 3dW SZ:6L 9802-ZZ-wt1 PAGE 03 08/24/2905 17:21 7175977347 NANCY WHITE VENCIL 1, Michael Scott Vencil, the Defendant in this matter, have read the foregoing Answer, New Matter and Counterclaim. 1 verify that my averments in this Answer, New Matter and Counterclaim are true and correct and based upon my personal knowledge. I understand that any false statements herein are made. subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsifications to authorities. Dated: p?4!eG Mic a Soott Vencil PAGE 02 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY ID 91175 4660 TRINDLE ROAD, SUITE 201 CAMP HILL, PA 17011 (717) 761-7573 CHARLES M. GRAHAM and ELAINE B. GRAHAM, Plaintiffs vs. MICHAEL SCOTT VENCIL and NANCY WHITE VENCIL, Defendants Attorney for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4122 CIVIL TERM CIVIL ACTION-LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, hereby certify that on August 24, 2006, 1 served a copy of the foregoing Answer and New Matter by first class United States mail upon the following: Brian C. Caffrey Saidis, Flower & Lindsay, P.C. 26 West High Street Carlisle, PA 17013 KOPE AND S OCIATES, LLC sley eam, Esq. 4660 ri dle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 I.D. 92207 (Attorney for Defendants) c ? ?i ???? x. ? . ?.> ?? ,?„ _° ;;; `. , r:> , -s, , _,. , ;; , ?. ?;, _- ,_? ` ? - ?,, 'a .? CHARLES M. GRAHAM and ELAINE B. GRAHAM, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 06-4122 CIVIL TERM VS. MICHAEL SCOTT VENCIL and NANCY WHITE VENCIL, Defendants : JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER AND COUNTERCLAIM 18. No reply required. 19. Denied as stated. The agreement of sale is a document in writing which speaks for itself. Plaintiffs deny Defendants' characterizations of the agreement. Plaintiffs deny that the agreement was signed by Plaintiffs and Defendants on August 18, 2005. Plaintiffs signed the agreement on August 19, 2005. Plaintiffs deny that fifteen days after execution of the agreement would fall on September 2, 2005. Plaintiffs deny that a true and correct copy of "the" addendum to agreement of sale is attached to Defendants' pleading as Exhibit "A." 20. Admitted. 21. Plaintiffs admit that Defendants had inspections conducted and proffered the results to Plaintiffs or their agents. 22. Plaintiffs admit that an inspection was performed by Biechler & Tillery, SAIDIS, FLOWER & LINDSAY ATD W,nE •AT uw 26 West High Street Carlisle, PA Inc., of 2843 North Front Street, Harrisburg, PA 17110. Plaintiffs admit, upon information and belief, that Nancy Vencil was present during all parts of the inspection. Defendants deny that a true and correct copy of the Biechler & Tillery inspection report is attached to the Defendants' pleading as Exhibit "C," as the report attached to Defendants' pleading is incomplete. Furthermore, Mrs. Vencil did not experience any ill effects from being at the premises for such a long period of time. 23. Plaintiffs admit that the on-lot sewage system inspection was performed by Young's Sanitary Septic Service of Dillsburg, PA 17019. Plaintiffs admit) that the septic system was not up to code and needed to be upgraded. Plaintiffs had the necessary upgrade completed at their own expense. Plaintiffs deny that a true and correct copy of the inspection report is attached to the Defendants' pleading as Exhibit "D." Exhibit "D" contains documents in addition to the inspection report. 24. Admitted. 25. Denied as stated. The reply to inspection report is a document in writing which speaks for itself. Plaintiffs deny Defendants' characterizations of the reply. Plaintiffs admit that a copy of a reply to inspection report dated September 9, 2005 is attached to Defendants' pleading. Plaintiffs corrected all items listed in the reply, at their own expense. 26. Denied as stated. The reply to inspection report is a document in writing SAIDIS, FLOWER & LINDSAY ermw-mIS AT•ww 26 West High Street Carlisle, PA which speaks for itself. Plaintiffs deny Defendants' characterizations of the reply. Plaintiffs admit that a copy of a reply to inspection report dated September 9, 2005 is attached to Defendants' pleading. Plaintiffs corrected all items listed in the reply, at their own expense. 27. Plaintiffs deny that Nancy Vencil has chemical sensitivities, and aver, on the contrary, that her sensitivities are psychological in nature. Plaintiffs admit that Nancy Vencil wanted to dig a well on the property. Plaintiffs admit that on December 5, 2005, G & R Westbrook of Boiling Springs, PA dug a well on Plaintiffs' property. After 2 reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to whether Westbrook dug the well in a professional or competent manner. Plaintiffs admit that Mrs. Vencil had spoken with the Plaintiffs' real estate agent and Mr. Westbrook had spoken with Plaintiffs concerning the well. The well driller only told Plaintiffs that Nancy Vencil wanted the well to be dug as soon as Defendants had possession of the property, and that he wanted access to the property to determine where to locate the well. Neither Plaintiffs nor any real estate agent of Plaintiffs ever gave either of the Defendants or the well driller any authorization to dig a well on Plaintiffs' property prior to the conveyance to Defendants. In fact, Plaintiffs' real estate agent specifically told Nancy Vencil that Defendants were not permitted to dig a well on the property before closing on the property. Plaintiffs' property was served by the public water supply; there would be no reason to dig a well there. To not tell someone he or she can't do something is not the equivalent of telling someone that he or she can do something. 28. Plaintiffs deny that from September 21, 2005 until December 6, 2005 Nancy Vencil was not permitted to walk through the house to confirm that necessary repairs had been performed. 29. Plaintiffs admit that there were piles of leaves on the property. They were SAIDIS, FLOWER & LINDSAY nnuwvEts•,? uw 26 West High Street Carlisle, PA raked into a pile ready to be picked up. They were removed before the closing date, December 9, 2005. Plaintiffs deny that the leaves were around the foundation or clogging the gutters. Plaintiffs deny that there was a "water demarcation line" in the basement from recent moisture, a white substance on the walls, or a pungent mold odor in the garage closet. Plaintiffs further deny that there was any acrid quality to the air inside 3 the home. On the contrary, Nancy Vencil was putting on an act because she and Michael Vencil had already decided that they intended to walk away from the agreement to purchase the house. Plaintiffs replaced the furnace filter before the time set for closing, December 9, 2005. Furthermore, professional environmental testing conducted at Plaintiffs' request on December 9, 2005 revealed no problems or abnormalities, including mold or particulate matter. Plaintiffs admit that there were mounds of topsoil and disturbed lawn around the septic system opening. These were the result of the hydraulic load test on which Nancy Vencil insisted. Plaintiffs' landscaper recommended that this condition be addressed in the spring, once the soil had settled. It was impracticable to seed this area during December. To the extent there was any three-foot crack in the garage ceiling, it was purely cosmetic and could have been easily and cheaply repaired. Plaintiffs admit that none of the cited conditions was present at the September walk- through. However, none of these conditions justified walking away from the agreement, and the Plaintiffs appropriately remedied each one of them, to the extent they truly existed, prior to the time for closing. 30. Plaintiffs deny that the well had been installed with minimal disturbance to the lawn. It required $795.00 to repair this disturbance. 31. Plaintiffs admit that Nancy Vencil returned to the property the following SAUDIS, FLOWER & LIlVDSAY M1UW F&AT uw 26 West High Street Carlisle, PA day with two contractors and Jody Diego, one of the Plaintiffs' real estate agents. Plaintiffs admit that all four individuals smelled a stench on the second floor. In fact, the smell dissipated somewhat after a toilet was flushed. Jody Diego believed the smell was from a dead mouse; a representative of FM Berkheimer, Inc. also believed it came from a dead animal. Plaintiffs deny that the representative of FM Berkheimer, Inc. found that 4 the ductwork, baseboard and filter needed extensive cleaning. Plaintiffs admit that Edward Slesser of David Leroy Plumbing, Inc. appears to have written a letter, Exhibit "G" to Defendants' pleading, dated June 6, 2006, six months after the closing was to take place, stating, "Upon inspection of the basement, I found signs of mold around the edges of the walls," and "I believe there is too much moisture in the basement." It is of note that Mr. Slesser, who purportedly works for a plumbing company, identified himself as an "HVAC Supervisor." Plaintiffs deny that there was mold or excessive moisture in the basement. Professional environmental testing conducted at Plaintiffs' request on December 9, 2005 revealed no mold and no environmental abnormalities. 32. Plaintiffs deny that after this walk-through, Nancy Vencil informed Jody Diego that the settlement would need to be extended as it did not appear that all of the required repairs had been performed and additional problems had been found that exceeded reasonable wear and tear. There were no unaddressed problems or additional problems "that exceeded reasonable wear and tear." In response to Nancy Vencil's concerns, Plaintiffs had replaced the furnace filter and offered to have all the ducts cleaned. In fact, Nancy Vencil told Ms. Diego that the Defendants could not close because of the defects they were alleging and because they didn't have financing. In fact, the Defendants did have financing in place. 33. Plaintiffs deny that on December 9, 2005 they had not "made the required SAIUIS, FLOWER & LEVDS" 26 West High Street Carlisle, PA repair on the air filter, it could not be confirmed if the septic work had been done properly, and the condition of the home was altered beyond reasonable wear and tear." The air filter had been replaced and all the septic work Nancy Vencil had demanded had been performed, at Plaintiffs' expense. Plaintiffs admit that they pressed Defendants to settle and threatened legal action, both of which they had the right to do under the agreement. Plaintiffs deny that Defendants refused to settle on December 9, 2005 "as Plaintiffs had not fulfilled their obligations under the agreement." In fact, Nancy Vencil told Jody Diego on December 9, 2005 that she and her husband were walking away from the deal because they had no buyer for their house, and that Mrs. Vencil would pay for the ground around the areas that she had disturbed. 34. Paragraphs 19-33 set forth above are incorporated herein. 35. Plaintiffs believe this to be a legal conclusion to which no reply is required. To the extent the allegation is factual, Plaintiffs, after reasonable investigation, are without knowledge or information sufficient to form a belief as to why Defendants entered into the agreement of sale. 36. Plaintiffs deny that Defendants have preformed all of the promises and SAIDIS, FLOWER & LINDSAY A715EMWAI AAW 26 West High Street Carlisle, PA conditions required on their part by the agreement, that Plaintiffs have failed to perform as provided in the agreement in that Plaintiffs failed to make all necessary repairs "as per" the air filter, have failed to confirm and complete repair of the septic system, and generally have not maintained the property as required by the agreement of sale. The air filter had been replaced and all the septic work Nancy Vencil had demanded had been performed, at Plaintiffs' expense, by the time of closing, and Defendants were aware of these facts. In fact, Defendants breached the agreement of sale by walking away from the deal. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants, plus costs. 6 COUNTERCLAIM COUNT 1-BREACH OF CONTRACT 37. Paragraphs 19-36 set forth above are incorporated herein. 38. Denied. Plaintiffs incorporate paragraph 36 above herein. 39. Denied. Plaintiffs incorporate paragraph 36 above herein. 40. Denied. Plaintiffs incorporate paragraph 36 above herein. 41. Denied. Plaintiffs did not breach the agreement. Defendants breached the agreement by walking away from the deal. It is Plaintiffs, not Defendants, who are entitled to retain the deposit and all accrued interest. WHEREFORE, Plaintiffs demand judgment in their favor and against Plaintiffs, plus costs and an order authorizing ERA Jack Gaughen Realtor to disburse the $5,000.00 and all accrued interest held in escrow to Plaintiffs. COUNT 2 IN EQUITY 42. Paragraphs 19-41 set forth above are incorporated herein. 43. Plaintiffs, after reasonable investigation, are without knowledge or SAIDIS, FLOWER & LINDSAY A17OMM AMAW 26 West High Street Carlisle, PA information sufficient to form a belief as to why Defendants would, prior to closing on the property, have a well dug on property that was served by public water. Plaintiffs admit that Defendants hired Westbrook to dig a well. Plaintiffs deny that they have "full use" of the well. Plaintiffs don't own the property any more. Defendants have not "paid in full"; in fact, they haven't paid any of the bill to dig the well. Furthermore, digging a 7 well on a property serviced by public water did not increase the value of the property. If anything, it amounted to a trespass to Plaintiffs' property. Defendants had no right, prior to even owning the property, to decide how its value should be "improved." 44. Plaintiffs deny that fees for digging the well amount to $2,997.00. In fact, the $507.00 was for testing an entirely separate, existing well on the property. See Exhibit "H" to Defendants' own pleading ("test well... check existing well"). The $507.00, incurred on September 9, 2005, could not have been for a well dug on December 5, 2005. In any event, such fees are no responsibility of Plaintiffs. Plaintiffs admit that copies of the Westbrook invoices are attached. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants on Count 2 of Defendants' counterclaim. COUNT 3 IN EQUITY 45. Paragraphs 19-44 set forth above are incorporated herein. 46. Denied. Plaintiffs do not know what Defendants' "expectations were," to SAIDIS, FLOWER & LINDSAY ATTOM.AT:?W 2G West High Street Carlisle, PA the extent their expectations are even relevant. The fact is that Defendants paid for the inspections because that was their obligation under the agreement of sale. Plaintiffs could not use the inspection reports in their subsequent, successful sale of the property; entirely new inspections, of course, had to be performed. 47. Admitted, except that Exhibit "J" is not a copy of an invoice. 8 WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA on Count 3 of Defendants' counterclaim. Date: J', /°2' - 2-4?9&qe?- Respectfully submitted, Brian C. Caffrey, Esquire Attorney ID #42667 26 West High Street Carlisle, Pennsylvania 17013 Phone: 717.243.6222 Attorney for Plaintiffs 9 Saidis, Flower & Lindsay 09/08/2006 12:31 8282630872 STAPLES1012 PAGE 02/02 JXROMMION I hereby verify that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Fa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: / J o o f? Date: ?tQ4 ?0 k& Charles M. Graham 0 ?%- Blaine B. Graham CERTIFICATE OF SERVICE I hereby certify that on September l I> , 2006 I served a copy of the foregoing Complaint on counsel of record for the Defendants, Lesley J. Beam, Esquire, by mailing it by first-class U.S. Mail addressed to her office at 4660 Trindle Road, Suite 201, Camp Hill, PA 17011. Brian C. Caffrey SAMIS, FLOWER & LENDSAY ATTORNEYS-AT•IAW 26 West High Street Carlisle, PA 11 i l? '?, ? __-Z ?,.v - ,J .? L KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY ID 91175 4660 TRINDLE ROAD, SUITE 201 CAMP HILL, PA 17011 (717) 761-7573 CHARLES M. GRAHAM and ELAINE B. GRAHAM, Plaintiffs vs. MICHAEL SCOTT VENCIL and NANCY WHITE VENCIL, Defendants Attorney for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4122 CIVIL TERM CIVIL ACTION-LAW JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS To the Honorable, the Judges of Said Court: Lesley J. Beam, counsel for Defendants, Michael Scott Vencil and Nancy White Vencil, in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiffs in this action is for $5,795.00. 3. The counterclaim of the Defendants in this action is for $8,817.00. 4. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Dean E. Reynosa, Esquire. WHEREFORE, Petitioner requests that this Honorable Court appoint three (3) arbitrators to whom the case shall be submitted. Respectfully Submitted, KOPE & ASSOCIATES, LLC Dated: ? 7 ley J. B am, Esquire t. KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY ID 91175 4660 TRINDLE ROAD, SUITE 201 CAMP HILL, PA 17011 (717) 761-7573 CHARLES M. GRAHAM and ELAINE B. GRAHAM, Plaintiffs vs. MICHAEL SCOTT VENCIL and NANCY WHITE VENCIL, Defendants Attorney for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4122 CIVIL TERM CIVIL ACTION-LAW : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 1, Lesley J. Beam, Esquire, have served a true and correct copy of the foregoing document upon the following person and in the matter indicated: Service by U.S. Mail Dean E. Reynosa, Esquire Saidis, Flower & Lindsay 26 West'High Street Carlisle, PA 1013 Dated:. 1 0 KOPE & ASSOCIATES, LLC r By: ; Lesley J. ao, quire Attorney Defendants Kope & associates, LLC 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 n ? ?? w ? w ? lk d led ?op13 a,.o1 ?Kg CHARLES M. GRAHAM and ELAINE B. GRAHAM, Plaintiffs vs. MICHAEL SCOTT VENCIL and NANCY WHITE VENCIL, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4122 CIVIL TERM CIVIL ACTION-LAW ORDER AND NOW, this day of ?? , 2007, in consideration of the P foregoing petition, '7 4-, ii, aA_ ,Esq., wi? Esq., and Esq., are appointed arbitrators in the above- captioned action as prayed for. BY THE COURT: P.J. ,ore CHARLES M. GRAHAM and ELAINE S. GRAHAM, Plaintiff S MICHAEL SCOTT VENCIL and NANCY WHITE VENCIL Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 2 0 0 6. 412 2 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office 2wi ty. Si ore afore Signa e James D. Bogar, Esq. Name (Chairman) Law Offices of James D. Bogar Law Firm 1 West Main Street Address John H. Pietrzak, Esq. Name Reager & Adler PC Law Firm 2331 Market Street Address Shiremanstown, PA 17011 Camp Hill, PA 17011 Katherine A. Procopio, Esq Name Law Firm 141 East Main Street Address Mechanicsburg, PA 17055 City, zip city, zip city, zip # 10xU 4 la3oo ?k aoa3g Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Plaintiffs awarded the amount of $5,000.00 as against Defendants, Plus all applicable interest and costs, with ERA Jack R. Gaughen, Relator, to disburse the $5,000.00 it holds in escrow to Plaintiffs. No award ??r = -14 is entered for Defendants as against Plaintiffs. ?, . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: June 19, 2007 Date of Award: June 19, 2007 Notice of Entry of Award 12 V (Chairman) w sT J' Now, the asfh' day of JUG , 2001 , at $:31, _?L.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. rru?kit'a ^? xrt„rS' conapensatinn to be paid upon appeal: S 36b. 00 By: Prothonotary Deputy C ?. , D? PC.X) nee CO ;? ? CHAES M. GRAHAM and ELA B. GRAHAM, plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 06-4122 CIVIL TERM JURY TRIAL DEMANDED 1 SCOTT VENCIL and WHITE VENCIL, ORDER TO MARK JUDGMENT SATISFIED i To the prothonotary: lease mark the judgment in the above captioned matter satisfied. Date y ?n Date /Y? Charles M. Graham osl5?oq A VED FILE D { } -` I? ? OF Tif c _ rTiRY 1 2099 MAW ?M 1: 3 7 8200