HomeMy WebLinkAbout06-6218SEUNG H. CHON and
HYUNSOOK CHON,
Plaintiffs
V.
MARK SHEELY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
: CIVIL ACTION - LAW
PRAECIPE TO ISSUE WRIT OF SUMMONS
TO THE PROTHONOTARY:
Please issue a Writ of Summons against the above-referenced Defendant.
The Defendant may be served at the following address:
Mark Sheely
Mark Sheely Builder, Inc.
330 North 30tt' Street
Camp Hill, PA 17011
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES, P.C.
By'' ?,.
John R. Fenstermacher
\.' _,Supreme Court I.D. #29940
5115 East Trindle Road
Mechanicsburg, PA 17050
(717) 691-5400
Attorney for Plaintiffs
DATED: 0 L3
U-1
1
gn
C? all ,.a
1 .11
ot,,
Commonwealth of Pennsylvania
County of Cumberland
WRIT OF SUMMONS
Court of Common Pleas
SUENG H. CHON AND
HYUNSOOK CHON
Plaintiff
Vs. No 06-6218 CIVIL TERM
MARK SHEELY
MARK SHEELY BUILDER, INC.
330 NORTH 30TH STREET
CAMP HILL, PA 17011 In CivilAction-Law
Defendant
To MARK SHEELY,
You are hereby notified that SEUNG H. CHON AND HYUNSOOK CHON, the
Plaintiff(s) has / have commenced an action in Civil Action-Law against you which you
are required to defend or a default judgment may be entered against you.
(SEAL) Curtifi R. Long-; Protho?6tary
Date OCTOBER 25, 2006 By
Deputy
Attorney:
Name: JOHN R. FENSTERMACHER, ESQUIRE
Address: FENSTERMACHER AND ASSOCIATES, P.C.
5115 EAST TRINDLE ROAD
MECHANICSBURG, PA 17050
Attorney for: Plaintiff
Telephone: 717-691-5400
Supreme Court ID No. 29940
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-06218 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHON SEUNG H ET AL
VS
SHEELY MARK ET AL
WILLIAM CLINE , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
SHEELY MARK the
DEFENDANT at 1630:00 HOURS, on the 2nd day of November 2006
at 330 NORTH 30TH STREET
CAMP HILL, PA 17011 by handing to
MARK SHEELY
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service 12.32
Postage .39
Surcharge 10.00 R. Thomas Kline
.00
40.71.,/ 11/06/2006
Id-Ib4 (,,/0 FENSTERMACHER ASSOC IATES
Sworn and Subscibed to By:
T
?
before me this day Deputy eriff
of , A.D.
I CASE NO: 2006-06218 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHON SEUNG H ET AL
VS
SHEELY MARK ET AL
WILLIAM CLINE , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
MARK SHEELY BUILDER INC the
DEFENDANT , at 1630:00 HOURS, on the 2nd day of November , 2006
at 330 NORTH 30TH STREET
CAMP HILL, PA 17011 by handing to
MARK SHEELY ADULT IN CHARGE
a true and attested copy of WRIT OF SUMMONS together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 6.00
Service .00 ?
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00 /
16.00-J 11/06/2006
4, 1216) 4 FENSTERMACHER & ASSOCIATES
Sworn and Subscibed to By:
before me this day Deputy Sheriff
of A. D.
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
SEUNG H. CHON and
HYUNSOOK CHON,
Plaintiffs
V.
MARK SHEELY,
Defendant
: Docket No.: 06-6218 Civil Term
CIVIL ACTION - LAW
PLAINTIFFS' PETITION FOR LEAVE TO JOIN ADDITIONAL DEFENDANT
AND NOW come Plaintiffs Seung H. Chon and Hyunsook Chon by and through their
attorneys, the Offices of Fenstermacher and Associates, P.C., and petition this Court pursuant to
Pa.R.C.P. No. 2232(c) for an order allowing the joinder of SHEELY, MARK BUILDER, INC.
as an additional defendant in this action, and in support thereof allege as follows:
1. On or about October 23, 2006, Plaintiffs Seung H. Chon and Hyunsook Chon, hereinafter
"Plaintiffs," filed a Praecipe to Issue Writ of Summons against Defendant Mark Sheely,
hereinafter "Defendant."
2. On or about October 25, 2006, Curtis R. Long, Prothonotary of the Court of Common
Pleas of Cumberland County, Pennsylvania, issued and served a Writ of Summons
against Defendant.
3. Plaintiffs were without knowledge or belief as to the existence of SHEELY, MARK
BUILDER, INC., prior to the filing of the Praecipe to Issue Writ of Summons because:
a. Mark Sheely signed all documents individually or on behalf of "Mark Sheely
Builders;"
b. At all times, Mark Sheely represented his company's name to be "Mark Sheely
Builders" rather than SHEELY, MARK BUILDER, INC.; and
c. The Pennsylvania Department of State has no record of a corporation, fictitious
or otherwise, incorporated under the name "Mark Sheely Builders."
4. Since the filing of the Praecipe, Plaintiffs have learned of the corporation SHEELY,
MARK BUILDER, INC., entity number 2912399. Mark Sheely is the President,
Secretary and Treasurer of SHEELY, MARK BUILDER, INC.
5. Plaintiffs believe and therefore aver that the corporation SHE-ELY, MARK BUILDER,
INC., and "Mark Sheely Builders" are one and the same entity.
6. Plaintiffs have filed this petition promptly after discovering :facts indicating the existence
of a potentially indispensable party.
7. Plaintiffs will be adversely prejudiced by denial of this petition, as they have a good a
meritorious action against the proposed additional defendant..
8. The proposed additional defendant will not be prejudiced by the joinder in this matter.
WHEREFORE, Plaintiffs Seung H. Chon and Hyunsook Chon respectfully request that
this Court grant this petition and permit the filing of a Praecipe to Issue Writ of Summons, or
Complaint, against the proposed additional defendant SHEELY, MARK BUILDER, INC.
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES, P.C.
By: 11?lVk&-q
1* R. Fen cher
Supreme Court I.D. #29940
Matthew Aaron Smith
Supreme Court I.D. #94603
5115 East Trindle Road
Mechanicsburg, PA 17050
(717) 691-5400
Attorneys for Plaintiffs
DATED: _2&1
CERTIFICATE OF SERVICE
IL A"
AND NOW, on this 17
day of 1;,6(wA , 2007, I, Matthew Aaron Smith,
Esquire, hereby certify that I have served the foregoin Plaintiffs' Petition for Leave to Join
Additional Defendant by mailing a true and correct copy by United States first class mail,
addressed as follows:
Mark Sheely
Mark Sheely Builder, Inc.
330 North 30th Street
Camp Hill, PA 17011
FENSTERMACHER AND ASSOCIATES,
P.C.
By:
atthew anon Smith
`
CIN Yi /#
P
FEB 2 0 2001 M
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
SEUNG H. CHON and
HYUNSOOK CHON,
Plaintiffs
V.
MARK SHEELY,
Defendant
Docket No.: 06-6218 Civil Term
: CIVIL ACTION - LAW
ORDER GRANTING JOINDER OF ADDITIONAL DEFENDANT
i?
AND NOW, this V e day of rear , 2007, upon consider of Plaintiffs'
Petition for Leave to Join Additional Defendant, S EELY, MARK BUILDER, INC., it is hereby
ORDERED that said petition is GRANTED and that Plaintiffs shall have 30 days from the
entry of this order within which to file a Praecipe to Issue Writ of Summons, or Complaint, to
join SHEELY, MARK BUILDER, INC., as an additional defendant.
J
By the Court:
.J
9Z 83J LOOZ
3A 80
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
SEUNG H. CHON and
HYUNSOOK CHON,
Plaintiffs
V.
Docket No.: 06-6218 Civil Term
MARK SHEELY and SHEELY, MARK
BUILDER, INC.,
Defendants
: CIVIL ACTION - LAW
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money claimed in the Complaint or for
any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
SEUNG H. CHON and
HYUNSOOK CHON,
Plaintiffs
V.
MARK SHEELY and SHEELY, MARK
BUILDER, INC.,
Defendants
Docket No.: 06-6218 Civil Term
: CIVIL ACTION - LAW
COMPLAINT
AND NOW come Plaintiffs Seung H. Chon and Hyunsook Chon by and through their
attorneys, the Offices of Fenstermacher and Associates, P.C., and file this Complaint, as follows:
1. Plaintiffs Seung H. Chon and Hyunsook Chon, hereinafter the "Chons," are adult
individuals residing at 2 Nita Ct., Mechanicsburg, Pennsylvania 17050.
2. Defendant Mark Sheely, hereinafter "Sheely," is an adult individual residing at 330 North
30th Street, Camp Hill, Pennsylvania, 17011.
3. Defendant Sheely, Mark Builder, Inc., is a Pennsylvania Corporation, entity number
2912399, hereinafter "Sheely, Inc.," with a principal place of business at 105 Little Run
Road, Camp Hill, Pennsylvania 17011.
4. Sheely is the President, Secretary, Treasurer, and sole shareholder of Sheely, Inc.
5. At all times during his business transactions with the Chons, Sheely held out Sheely, Inc., to
be a business named "Mark Sheely Builders," hereinafter "Sheely Builders."
6. The Chons believe and therefore aver that Sheely, Inc., and Sheely Builders are one and the
same entity.
7. On or about September 21, 2003, the Chons, as buyers, and Sheely Builders, as seller,
executed a Real Estate Sales Agreement, hereinafter "Sales Agreement," for the purchase
2
of a home, located at 2 Nita Ct., Mechanicsburg, Pennsylvania 17050, hereinafter the
"Home." A true and correct copy of the Sales Agreement is attached and hereto
incorporated as Exhibit "A."
8. On the Sales Agreement, Sheely Builder is listed as "Seller" however Sheely signed
personally as the seller at the end on the agreement.
9. At the time of closing, a number of problems and/or incomplete work were present with
the Home. A true and correct copy of a "Final Inspection List' 'is attached and hereto
incorporated as Exhibit `B."
10. Examples of the problems and/or incomplete work that were present at the time of
closing are as follows:
a. Front porch crack;
b. Mold on the dining room ceiling;
c. Crooked windows, nonworking locks and doors in the bathroom;
d. Loose banister;
e. Loose floor bards, uneven doors, crooked bathroom doors, mold on the ceiling,
and a loose ceiling light fixture in the master bedroom;
£ Loose toiled, nonworking closet door, chip in the bathtub, and improperly
insulated interior walls in the master bathroom;
g. Nonworking door lock in a second bedroom; and
h. Improperly installed carpet throughout the house that now needs to be "stretched."
11. Sheely, individually and as an agent of Sheely Builders, personally promised to correct
the problems and/or complete the incomplete work that existed the time if closing.
3
12. The aforementioned problems and/or incomplete work are examples of Defendants' poor
and unworkmanlike performance.
13. Defendants were obligated to cure the known problems and/or incomplete work.
14. Defendants failed and refused, and still refuse, to cure the aforementioned problems and
or complete the work, despite the Chons' repeated demands.
15. Following over a year of attempts to work with Defendants, the Chons hired Park Custom
Homes, Inc, hereinafter "PCH," to prepare an estimate to address all the issues remaining
with the Home.
16. On or about October 19, 2005, PCH presented the Chons with a "Proposal and Contract,"
hereinafter "Proposal," outlining the repairs required to address all issues that remained
from the time the Home was built. A true and correct copy of the Proposal is attached and
hereto incorporated as Exhibit "C."
17. According to PCH's Proposal, outstanding repairs would cost approximately $15,000.00
to complete.
COUNT I
Breach of Contract
18. Paragraphs 1 through 17 are incorporated herein by reference.
19. Defendants failed to perform the services they were obligated to do under the Sales
Agreement, as set forth herein.
20. In particular, Defendants failed to complete the incomplete work and/or fix the problems
that existed and were known at the time of closing.
21. As a result, Defendants work is poor and unworkmanlike.
4
22. The Chons paid Defendants $435,000.00 per the Sales Agreement.
23. Defendants have failed and refused to cure the aforesaid breach, despite the Chons'
repeated demands.
WHEREFORE, Plaintiffs Seung H. Chon and Hyunsook Chon demand judgment against
Defendants Mark Sheely and Sheely, Mark Builder, Inc., in the amount of $15,000.00, plus costs
and all other relief the Court deems fair and proper.
COUNT II
Unfair Trade Practices and Consumer Protection Law 73 P.S. § 201-1 et seq.
24. Paragraphs 1 through 24 are incorporated herein by reference.
25. The Defendants' actions, as more fully set forth herein, constitute an unfair and/or
deceptive act or practice in that the Defendants:
a. represented that their services have characteristics, uses or benefits that they did
not have;
b. represented that their services were of a particular standard, quality or grade;
c. failed to comply with the terms of the agreement given to the Chons;
d. made improvements on real and personal property of the nature and quality
inferior to and below the standard agreed to in writing; and
e. engaged in fraudulent and deceptive conduct which created a likelihood of
confusion or of misunderstanding;
26. The Chons have suffered actual damages as a result of the violation of the Pennsylvania
Unfair Trade Practices and Consumer Protection Law by Sheely.
5
27. The Chons' damages include the cost of repair and renovation of the home.
28.73 P.S. § 201-9.2 permits a trebling of damages and the recovery of attorney fees
WHEREFORE, Plaintiffs Seung H. Chon and Hyunsook Chon demand judgment against
Defendants Mark Sheely and Sheely, Mark Builder, Inc., in the amount of $15,000.00, plus
treble damages, attorneys fees, costs, interest and punitive damages and all other relief the Court
deems fair and proper.
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES, P.C.
By:
/John R. enstermacher
Supreme Court I.D. #29940
Matthew Aaron Smith
Supreme Court I.D. #94603
5115 East Trindle Road
Mechanicsburg, PA 17050
(717) 691-5400
Attorneys for Plaintiffs
DATED: 1& _01
6
EXHIBIT"A"
02/09/2007 11:42 FAX 717 731 1798
t?f?ANDARDcCit47?'14 REMAX REALTY ASSOCIATES
N tta=s•ya. .f.r, 002/009
01
shit tome f?Cpt!ar ud a .. lYor, but nut'twdeted to ure.by, the M&MbM of the Puanglva .. 'rodadon of nnALruwT tr....,.,
LICENSED BROKER' S
"SELLER'S V.S1NESS'REI:ATiONSAD?wUx PS
i%q,ry,l':: 7L?lFc.w?GT`Lf - --'PHONE
:i;l ,BROKERtiCCAmp?y)__?_'` err h..:ir:'•
:3j?:ri !'ADDRffiSt'i'`di.?..,._ , Itrryi;a .aa•K,:?t;:er0'; +;t' .G:; 't:..••' •::..?.t.FAX r...:`' " -- ., ..... ' 1? • :
tile _ i`c•.';, ':?-:s,:
jg r; 3fipplicablo:•'
"BROKR?R THE AG ?OR.SEI I:[:R DeslgnotedA • ^ gent(s ) for'S
Broker 1s-NO'C the Agent for SOW an$ ie slam': 0 AG13NT FtlR IfUY1M.- :(],TRANSACTION LICENSEE r
•4mll !'r ..3::.talr'•:g/Nr'•t:,r ,.n ."g s$.$I7 A RELA7'YaD STS'?VITHPALI EPiSED,1)RO1?R'' ! y "r', ...
M. R y..• r:,t:..r
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BRbRI?,i;ySC?ompYnl), 4`
ADDRESS"' t',4-rP A1,141 + t4A7C.? '?G%`l+s_; .•,
-t AG B $ t(s forBn er He pticable: r.. -r- t•::...',t-
:. „ItRO ?.9 7I 1?(j}f,.
n.<,i, dye J; s.• .,.; :,. n. 'r 4 , a:'
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'.mom{,u7? lge.•.r." ,?w; •:i?, it^.•:;'; 'tr . '..i ? 'c._:;. , .?.,,•:.;i,. ? .:x.,rr' ?. 1• "t•:i'la.?iyPl;rr'? f 7 {.
Broker 1a NOT the Agen?.&o Bnyecand i9'9/801:13 AGENT FOR SELLER ? 5LIBAGEN7 FOR SBLLBR; O .TftIINBACI7QN LIB . ' rt itE
WheP't>?e cured BrokorJaAput four Sellar sto Agent for Buyer, Broker is a Dual AgonL All of Broker's llcaoaem ire ile0l7w1 Agent UNLESS, ,
tbere are separate Designated Agents for Buyer and Sella II the am Licensee V designated for Sella' and Boyer, the Lumens Is a I)onl Agent
1. ?h18'?{gl'eefYtelltj: dated; ; , is between 1
SELLER(S):. EE?y /' GbGt S a..
• . 3 .
4 , called " $eRer," and 4.
S BUYER(S) DN ice( Oo l' 6;'
7 + cAlled ,s8ny? n 7: .
1. 2. PROPERTY (1.M-Seller hereby agrees to sell and convey to Buyer, who hereby agives W porehnse: 1
e ALL THAT CERTAIN lof or plane of ground with buildings?tnd improvements thereon erected,'?9 any, known as:.'
11 2 flr?T',? t`_dmN i/ t •NY G ,e
in tined+?.us//,
;12 County of 44.A4 fg ? ,? L I A7 p in the Commonwealth of Pennsylvania, Zip Code 12
18 ldaitlQWtlon (e g., Tai M #; Pared #; Loy Block, Deed Book, Page, Recording Date) 13
16 3. TERMS (1-02) .?••/ 16'
16: ` (A) Purcluse•Price " low z- k / 7-?j y i ?+? ! /1 /1 r,?.tr? 16
.
e292 f U.S. Douro IT
:. f'•° .11:. which wN be ptild, ttl Sdkt by Bisya a follows: • ' 11 '
19 1., - Club or check u signing this Agreement $ '5000. 11.
• : • 29 ..' ' : 2. • Cash'or cheek within`' days of the'axecution of thin Agreement: S . ?
r ' 2t 4• ' Cash, caah?er'a or certified check:et tlrne of settlement $ 2Z'
23- -
i TOTAL gam..
244? Deposits paid 0n accouAt of purchase price to be held by Broker for Seller, unless t74lerwise stated tare 24
21 (C) wdam approval to be on: err befwec - Can 21:
ZT . . ' (D)• Settlenreot. W be ore QO or before if Buyer and Seller agree. ' 27 `In
Conveyance from Seller will be by fee simple deed of spec( warranty unless. odrertvise atated ' 23'
r 2?:
a6 •. ' (F)., Payment of "-fa• wo will be divided equally'between Buyer and Seller unless otherwise stated hare: a9
s2 '(0) .At time of settlemany the following will ba adjusted pto-rata on a daily basis between Buyer and Seller,r4a"raing'where applicable: taxes '32
33"' (see information Regarding Tax proration); cents: interest on mortgage assumptions; condominium fees and homeot+mec association face, if 33'
44: • any. water widlor, aewer fees if any: together, with. any iAher lienable municipal service. The charges ere m'be. pro-seted for the period(s) ' 34
.
36' .. cove!ed: Seller.will pay up to, and including the date of settlemenr, Buyer will pay. for all dayrfollowidg settlement, unless otherwise stated , _..35
.30 hero 36
.37 37
4.31. 4. 'FIXTURES Ac PERSONAL PROPERTY (1-00), .. 31
91 (A)• INCLUDED in`this isle and pure . price are all existing items permetemtly installed in the Property, free of lime, includia f phmmbing; o
,r.11 ... fieatiog lighting fixtures (including chandelleri and ceiling fans); wirer avatmmt systems; pool and spa equipment; gu4ge door openers .':
-4, and transmitters: talevislon antermae; shrubbery, plantings ind unpotted beet: any. rernalnibg hooting and choking -fuelCitored on the
Propeity at the time of Betttetnint; well to wall cacpoting, window covering bardwereetudes and blinds ' built-in air conditioners; bu7t-in
41 appliances: and the.rangdoven unless otherwise stated. Also included ' ?._7F. 7 f Sf l f E7` I'?r:C1s5 S Co,L
4
44
G ?' oIi E T !
46, &AJ
46 4
e! ' 5. DACFSrfAVtE 19 OF THE ESSENCE (1-02) NC I1 AdA .: all r °" off,; IC;: _e? t q yt' Se?.tis ?
so (A). The said date for' settlement and all other dates and times referred to for the performance of any of nbbgstians of Agreement ere 5
1.1 agreed to be of the casenbe• of.0.6 Agreement and are binding. . ' ? •• ' . !
st:... (B). For, the puW.es'of d&.Agreement ngmbar of days w0i be counted from the date of execution, by excluding the day this'Agrsement was ,6
69 extecuted and ineluding'the last day of d w dine period: 9
64 : (C)' The date' of settlemeot if not extended by any other provision of this Agreement and may only be extended by mutual written agreement of " t
66 _ the p'tdee, • E
(D) ' Certain time periods are pre-Printed io this Agreement asa convenience to the Buyer and Selier_'Any pre-printed time peiiods'sm negotiable
..S7 and may ba changed by striking out the pro-printed text and inserting a different time period acceptable to all parties.
Be Buyer lWa liar Si •? t ' A/S-2K Page I of 8 Sallee initiab MC
rr, ..
.. COPYR,CHT PSNNSY.LVAIVIA A9SOCGTION OF RgAI•ORSa 20x2..,
-a???.??!;.!,,!.a.,?1•vaath.wna0011k106 of-'
REALTOW 4? n.wr.rrw•rw..?.r
UY/09/2007 11:43 FAX 717 731 1798 REMAX
Al ASSOCIATES
rj003/0
w MM .7R ;AGE NTINGENCY(1
uI sale is NOT con on mortgage financing,
i 09
01
53 (
(A) This We is contingent upon Buyer obtaining mortgage financing as follows: 52
53
14 1. Amount of mortgage loan S 3 ?? t 64
55 2. Minimum Tam ' Q om .. year ,
v?
lf
?C
? 55
66
66 n
i 4
/
3. Type'of mortga ?,"'v
e7 4. Interest- rate however, Buyer agrees to accept the Interest rate astray be cure dtted,by the moripp lender, not to 57
60,. exceed a maximum interest rate of 6 A.
('!
e0 5. Discount points, loan origination, loan placement and other fees charged by the lender as a percentage of the mortgage Ieam (excluding,: 60
75 any mortgage insurance premiums or VA funding fix) not to exceed -D-% (0% if not specified) of the mortgap loan. 71
11 The interest rate and fees provisions required by Buyer arc satisfied if a mortgage lender makes "We to Buyer the right to parentea an 71
72 interest ram at cc below the Maximum Interest Rate specified herein with the percentage fees at or below fie amount specified herein, Buyer , •'72
73 .,. gives Sol* the,right, a;Seder's sole option and as-permitted by the mortgage lender and applicable Iaws, to contribute financially, without . _73
74 promise of reeimbursement, to. the Buyer., And/cc fire mortgage lender to make tin above temu available to Boyer. •.
' 74
75 DAYS (10 days if not specified) of the execution of this Agreement, Buyer will make a completed, written mortgage application
(B) Within Z 0 7s
M. .• '.: efpr:dpe mvoitpv..tenma specified.abq- to a responsible nwatgaga lender. The Broker for Buyer, U any, otherwise the Broker for War, is. ,, . 76
77
7s authorized to 4wnunmicate with the rq ge tender forte Dn rpoaes of assisting In the nmwgpk a loan proem..... ;.•.., .. , . -
If a written commitmentis trot received by Sella by the above date. Buyer
e contmiha?amt date ;M& ZO A 3
I
' M
t
C . n,
71
-72% . ,
.
or
gag
(
)
.,. .,: stud Saw agree to extend, the moripp comadtment date until Sella tandrusto this Agceeomeat is wrift by nod a to Buyer. .30 .
n 2. Upon receipt of a mortgage commitment, Buyer will promptly deliver a copy of the coamtittneM to Seller: • • . , 1. :. , 10
01 3... Seller has the option to terminate this Apeement in writing, after the mortgage commitment data if the mortgage commitment li
62 , t Is not valid until the date of settlanert, Oft 12
03 b... A conditioned upon the sale and settlement M arty other propelV, OR 08
14 ' a Contains any other condition not petrified in this Agreement that is not smistled and/or removed in.writing by 'the mgrtgage leaded . 114
55 _ whhin,.?j_ DAYS after the nwtpo commpbmmt date fa paragraph 6 (C) (1). i .., . 16
es 4. If tl a'Ag?eenmat is terminated As specified in'paregraphs 6 (C) (1) or (3), or the mortgage loan is not obtained for settlement. Alp deposit mania U
IT paid on secount of purchase price will be retested to Buyer. Buyer will be responsible for may prasiume for mechanics' lien insuroee arcs t 67
is title search, or fee for cancellation of tame, if any: AND/OR any premium for flood insurance, mine wtaidence lowance, s*or fire insur- .11
s0 am with extended coverage, or cancellation fee, if soy: AND/OR any sppraieai fees and charges paid in advance to dm mortgage larder. 60
is (D) If the mortgage leader requires repair to the Property, Buyer will, upon meoeipt, deliver a copy of the mortgage leader's:nquiramwro err Sella: •, ,r.n
1( .. ,. •. Seller will; withia --I_ DAYS of receipt of the mortgage leader's requinolenta, notify Buyer whether Seller will snake the required repairs, . 91
02 At Swale expense. u
n 1. If Seller choosy to snake the required repairs, Buyer will accept We Property aid agree to the RELEASE ate foah,in paragraph .25 of this n
n AppeemeaL 04
95 2. If 5aller chooses not to make We required re*m orIt Seger frill to respond Within the Hmo gives, Buyer will,.within _5 DAYS,. n
H . notify Seiler in writing of Buyer's choice to taatiete this Agreement OR make the required rep" st Buyer's upon and with Seller's . a
97 permission, which will not be unreasonably withheld. V Seller denies Buyer permission to make the required,repeirs, Buyer relay, within . ••27
91 _ DAYS of Seller's denial, terminate this Agreement, in which case all deposit monies pdd on sccount of Purchase price will be W
.01-, i. .' ; .. returned promptly to Buyer and (his Agreement will be VOID. n
100 (El Sei(St'Asaltt IN
101 (13' NOT A,FPLICABLE 101
lot ? APPLICABLE. Seller will pay: 112
maximum, towad Buyer's costs as permitted by the mortgage tennis :. is • , ... 113
tat. h ?' • ,
104
105 FAMVA.IFAPPLICABLE ' m ' 106
' •ip1 (F) It In expressly agreed that notwithstanding say older provisions of thin contract, Buyer will not be obligated to comPiere the pmsiaw of the 105
157' " h4ivty draafied baths or o incur any penaltyby forfemm of eamest money deposits or otiawbe u. as Bayer bos been evem, in aceor- `117
105 dance with HUD/FHA or VA requirements, a written statement by the Federal Hawing Commissionm Vietwom Adrddshation,' or a Direot' 'IN
III Fsdonerogat Leader. setting forth the appaised vale of tie Property of not less than $ (tbe dolls amount to be ice
insat d W ihesid 'piice'as staivAn'tbis Agtoement). Buyer will hsvd the privilege and option of proceeding with'carimtrtmM1an of the cost- 115
Ill. [tact without regard to the amount of die appraised valuation. The appraised valuation is Arrived at to determine the m imen mortpp the '111
112 Depmunmt of Hou ft ad Urban Devdopme*.v ill inmma HUD does not warrant the value nee the condition of rite Property. Buyer should 112
113 sandy himacif mielf that tie price and condition of dm Property are acceptable. - ",I 1
114 WwnbW Section 1010 of Title 18, U.S.C., Department of Housing ad Urban Development and Federal Housing Administration 114
.1 15 Transaction. provWm "VVboever for the purpose of ... bdluencbng in any way the action of Inch Department, makes, peases, often cc pub- 11s
Ns lisbes any atatement, knowing the same to be false ... shall be fined under this title or imprisoned not more than two yeas, or both." its
117 (O) U.S. Deparbpant of Housing and Urban Devebp went (HUD) NOTICE TO PURCHASERS: Buya'sAck-Awgement 117
115 ? Buyer has received the HUD Nods "For Your Protection: (pet a Hoare Inspoodon" (we Notice and Information oa Property Condition 110
111 Inspections). Buyer understands the imports= of getting an independent home Inspection and her thought about this before sigaing this 11t
124 Agrbataxit. 128
121 Buyer's ink" Date 121
122 (ti) Catieeatlon We tie'undmaigned, Seller(s) and Buyer(s) party to this transaction each certify that the terms of this connect for purchase are 122
123 true to the bat d out (mowiedge and belief, and that any other ap¢eerment entered into by any of time patties in connection with this transao- 123
124 A is atatdud to this Agreement. 124
125 7. INS VCPION 9 (1-02) 125
125 (A) Seller agrees cc permit Inspection by authorized appraisers, reputable ratifiers, insurer's reprewttatives, surveyom municipal offidds and/or in
121 Buyer as may be required by tha mortgage ka*A If any. or insuring agencies. Seller further Agrees to permit any other itapecdons required by 127
125 or provided for In the tams of this Agreemient. Buyer has the right to attend al} inspections. ? 121
..120 (B) Buyer reserves the right to make a pre-seMement walk-through inspection of the Property. Buyer's tight to metre this inspection is not wajvcd ere
130 by joy other provision of this Agreement, t 131
1st (C) Seller will have hating And all utilities (including faci(e)) on for the Inspections. _.? 131
132 (D) All inspectors, including home inspectors, am authorized by Buyer to provide a copy of any reports to Broker for Buyer. ^ 132
In L PROPERTY INSPECTION CONTINGENCY (1-02) 133
134 visions of this Agreement nay provide for impechoaa andlor certifications that are not waived or altered by Buyer's election ham. 134
in Ig WA1VBD.! Buyer understands that Buyer has the option to request inspections of the Property (sae Property Inspection Notices and use
In Environmental Notice} BUYER WAIVES THIS OPTION and agran to the RELEASE set forth in pmmagnph 25 of We Agreement. 136
137 ? p_LSUM y. 137
in (A) Witbin DAYS (15 days if not specified) of the execution of this Agtecmaa, Buyer, at Buyer's expose, may choose to have inspec- tae
139 tam anWor artificatioms completed by licensed or othetwim qualified professionals, (aft Property loolmdon Notices and Environmental 13f
140 Notices). This contingency does rot apply to the following exhaling conditions and/or items: 14f
141 14'
142 (B) Should Buyer elect to have a home Inspection of the Property, as defined in tin Pennsylvania Home inspection Law, (fee Wamaion Regarding 14:
in the Home Inspection Law) such boom inspection shall be performed by a full member In good standing of a national bonne inspection associ- 14:
144 ation, or by a parson supervised by a fall member d a national home inspection association, in accordance with the ethical standards and code t4
145 of conduct cc practice of that association- 14
s 140 Buyer Inidale: cS?eL` f? AIS-2K Page 2 of & Seger Initials:- 14
02/09/2007 11:44 FAX 717 731 1798 REMAX REALTY ASSOCIATES
147 lEBUye[ is'rhort, aatetkd with the ' on of to Property as orated in any Wrltten;[tpoa, au Z004/009
a :,,ie 148
too ?'j'•()ptlDlt•1.1?il?IS fhe lime given i d'' pleHag lrroptxtlons: ,...
diiqApx?pt
h?mpeaty truth the aroma in tle report(s), a? agree to true 1tE[ PAS set f in PatatP4 23 oft; -,.)Py
14 5g "F ;:" 2 Y Tfrmu?tq blip Agieearye4ttlq w t. - bY."ce to SOW, in which case all deposit r=oute= paid on exeunt of pprchraeprtic4 y ill ta.nepur ea. ,tiro
promptly,to Buyer and mia,?.greom4of wh71 bky01D.. OR,;.,,,., , ...,.. ,:... , : , , r ..: . .:: .......:.: •. i;: ,:•:.151,
is;., '- e. 3, ,' Sotu o mu y r aP rjrtten egneement with Splice ptov[dang for any =pairs or improvements W t F Property and/or_ any credit i,04
+ . ,. J
i ss "_'t.w i'iouya as< inaY.OS acceptatik to die mprtgage tender, if any,' ..:.. I : ; s , . 153•
161 Stwuid off" to reach a riwtagUX ioxeptabls 4greemant fail Buyer must choose to accept the Property or betPlloate)1diAg?eareM yri)hln,,, ist
156 . the dma given for cuanplcting inapeMiom and according to the provisions in paragraph g(C) (Option lj 1 a41 155
Ise ? OPtlon i Wltit4a the rhea givan'ror complefln{ lmpeetlonar" r'. • +' : ' ::.: ' '; it , p • ' . a,r `. ' 158
psi 1. Accept ittn?!+ep?Y wins the inforrnsdon stated in the rcpW(Q.ead agree tome RELEASEset ft In perFgrsph,Z? or t!, Agreenhent,,,.,1t7
t;ra,: ?rS the tool cost to corgi r!ro oondi contained in ft wport(s) ls. more than S
t66 :,: ' I „ i , 4 n n„ conditions leyt1te toper)(a) EXCEEDS
'th0 the amount !Pam in ?T7sA?r? (Opp04, T. ) 1, .160
180 Jai, 2. If She [oW cost to correct ??1tta3!le? . !. .... , .
;r,•gvt nu :IBQ
190 .. 'Bmyrat•.wlli;Qdfyer?he repori(;);to seller' rrfthhm:the time glven,ro; trmpectlohs. ... . , .. . •, .
t6i' ;" Ja 5elic will. within 9 DAYS of receiving the ieport(s), it . Buyer in writing of Seuer'e choice to: ?6t!
162 (1) Mate repaira before settlement so that the ranaining coat to repair conditions contained in the report(s) is less than or equal to 162
166 nr•o . ; -the amount specified in paragraphs (C) (Option 2) 1• 163
lei (2) Credit Bayer at settlement for thcAiffaatce betweon•the estimated coat of repairingthe axuditiona'contaiaed in thwtepon(s)' ' 164
195 and the amount specified in paragraph 8 (C) (Option 2) 1. This option must be acceptable to the mortgege.knda; if any., too
166'' (3) ' Not to kerepairs and not credit Buyer at settlement, for any coats to repair conditions conmbred in the repo, al. 119
ter"' " : r b. If Sallee chooses to make repairs or credit Buyer at settlement as apecified in paragraph..9 (C) (Option 2) 2 :Buyer will accept the .. 16i
119 ' Property and agree fo'fhe RP SB set fatth'w paragraph 25 of this Agreement 161,
a. •,,
169= : c, .,1f,Sedler chooses not to makc repair= and not to c[cdit Buyer at settlement, or if Seller GsUe to choose any option within the tltae ' ia9
17a, ghee, Buyer will, within , s ..DAYS: 776
171,.'.•.,: :;ai ,d1) :Accept the Property with the information-stated in the report(s) and agree to the RELEASE set forth hi paragraph 25 of this. ' 177.
172&• ..... .:'r.r•-. •'... ' • ? AgreemeM, OR j,-, ,, , , ,, ,; ,, •. ; , ' 172•
170:: • ,' • :,, <: r.: •.(2): a 7lrminate this Agreement in•writing by notice to Seller, in which ease all deposit monies paid on account of purchase price Will 171
17! n r : - J . G j, be returned promptly to Buyer and this Agaeernent.will be VOID. :174
776• . - 9. • WOOD INFESTATION INSPECTION CONTINGENCY (1.02) 176'
178 ? WAIVED. Bayer undetsw[ds that Boyerhus the option to request that the Property be inspected for wood infestation by a ce tifiedPest Control . 176
177 Operator. BUYER WAIVES THIS OPTION and agrees to the RELEASE sot forth in paragraph 25 of this Agteanent. 1n
176" C1Y JII,B(rrED 171
176 (A) Widhia DAYS (15 days if not specified) of the execution of this Agreement, Buyer, at Buyer's expense, will obtain a writtat "Wood- 179
199 . Destroying Insect Infestation laspectioo Report" from a certified Peat Control Operator and will deliver it and all supporting documents and too
ist, . „ :t, drawings provided by the Peet Control Operator to Seller, The report is to be made satisfactory to and in eomphance with'applicable laws; mat-i : •181.
In.: r, -:. •, <, gage lenders, and/or Federal Insuring and Guaranteeing Agency requirements, if any. The inspection will include all readily. visible and..;:1021
160, ' •. ; . , -... scomible areas of all structures on ate Property except the following structmroe, which will not beinspectak :163
184 '' , 16F
n (B) If the inspection teveal0 evidence of active Westation(s). Sella agrees, at Seller's expense and before settement, to treat for Wive westa- 195
119,'_ i • •c ; :deter(s), jn aecotdanea with appli¢aWe laws. - ... .. .: l00"
III". .-i.; (C),:, if the inspection nave=ls damage from active infestation(s) or previous infestation(s). Buyer, at Buyer's expense, has the option to obtain a writ-• :: ton
to tenypport-by a ptoteavousi contractor, homy inspection service, or structmal engineer that is limited to structural damajo to tm Ptopetty.caused •:719.
119 : kycwood deeuoyIng•otgatdenas w id a proposal to repair the damage. Buyer Will deliver the atmchtab damage report and;rorrecdve pitepoW &0::.119!
119;•, l i . : Seller whin 7. !DAYS of.ddivering the original imspecdoo report : I 190:
1s1 • , (D)r Wl1hiv ;•: S,. ;DAYS.of rocaiving'the'sarucottd damage report and coaective proposal, Seller will advise Buys whether Sella' will repair, at,; '191•
iU SellWp expanseAnd below seam sin - any structural damage from active or previous infestation(s). :",: ''. ' r l h•,.::a 102"
.11! d (>? :•If Seller 01prises ter repair struotunal.detpage mveahed by the report, Emu agees to accept the property as repaired and agteas t o tiro RELEASE:. in-
154 act form in paragraph 23 of this Agreement. - .,: -..?t • r tr.: ',• : • .194.
105 (F) If Sella chooses not to repair structural damage revealed by the, report or falls to respond within the tone given, Buyer, within _.,I_ DAYS, its
190 will notify Seller in writing of Buyer's choice to: tab.
.151 1. Accept the Property with tlb'def is revealed by the tnspectlon; without abstemee of price; and agree to the RBLLBASB set fonm'in part 1st
in graph 25 of this Agreement, oR
test Matp,0K.reppira before leulempat, if.required by du mortgage ie?r, irany, it Buyer's expense and with Seller's pami*oa: which will ' 190,
290 not be;unreumbly'withheld, in which ease Buyer accepts me Property and agrees to the RELEASE set forth in paragraph 25. 04"j:; 200
261.,.1 r:.1,.:,,'?3- ingreemotn, I(.Se1ler-dpnie8a trya.pemnloaion to maim the repairs,-Buyer may. within _,,,j_.DAYS of Seller's,demial, torminalte.tlhis this., 2e4t
2It2,,. Agmamon in.vniting, in vv ob.- all deposit n,4oias paid ortaooonnt or purcia.a• price will be reamnod promptly to Buyer and ft-,,j 202
200 Agreement will be VOID, OR , ,. ::. 263
264• 3. 'ibr Wnm this Agme ent, in which case all deposit monies paid on account of purchase price will be teouned promptly to Buyer cad 204
286"' °'^a'. . ' dik Alp ment will be VOiD. .. . ' - ? .. °r • '? .. '265'
206 10. REMENTIAL LRAD-BASED PAINT HAZARD REDUCTION ACT NOTICE REQUIRED FOR'PROPEMM
207 RW BEFORE 1979 (1.02) : 2e1t
219 Er NOTAPPLiCAB[.E ..... '• .. "rt' 200,
Z19 E3 APPLICABLE-1i 209,
216 (A) Sethi repraenta that Sella has no imowledge concerning the presence of lead-based print and/or kad-hosed paint hour& in or about the 210
211 Pmo&4. unless checked below: • "" "I •-2t1'
212 E3 Sella bas knowledge of the presence of lead-baacd paint an&or lead.besed. pal0t baxatdo ja or, about the Property, (Provide the basis for '212;
213' determining that lead-based paint and/or buards exist, the location(s). the condition of the painted enr Wx% and other available Iefaats- 213
214 too caleemmg SdW's knowledge of the presen ce'of lead-basal paint and/or laid-based paint huk&.)' `4 --041
215 .. • 2W
: Tut (B) Rececda/Reporb: Sailer has no reports or record= pertaining to lead be=ad paint and/or fead•based pain haiarda'in or about thtiTropetty,' 210)
?7;, . : i';J.;:UnbKa checked hehOW.' . , . .. .. : ,... ?, ...:•!r ::.. ,:.. •. , 2171
210 ? Seller has provided2uya with ell availeblerxorda and reports pertaining to kad•bawd'paiut and/or lead based paint harked= w'ot atioit' 218
21s.;'':4• •r'.::"alr0pmprity(I?etBocurtEfita): t 2191
22t ' (G) . Beyerta Ackauwkedgement: Brayer bas received the pamphlet Protect Your Family fjem,Lerd in Your Home and has to.d.me Lead warning ,2?1,
222 Ststaruaat contained is this Agreement (see Environments! Notices}, Buyer has reviewed Sel)er'a diacloswe of htovm lead-based paint And/or 222
223 ^r t ,: ':i m `Jead-bated psbnt hawdM aslidantified ih paragmph 10(Ay and has received the recants and tepotu'pertaining to lead-based paint and/or lead : -M
.. ... , lt: ..', •t i?4.
M%, .'•fP . .: based paint•boat=rdsidemiftedimpangrapir'10( In". r+:
226 Buyer's Itildsk Date ; 220 226
(D) =K ASSFSSbWfr NSPFJCI'IONt Buyer arbaowledgm than before Buyer is obibgued to buy a residential dwelling built before 1978, Buyer 22a
227,.. has- 10, DAYS to conduct a risk assessment or inspection of the Property for the pnea ce of lead-bnW paint and/or kad-lesed paint huards. 227
220 CT WAIVED. Buyer understands that Buys has the right to conduct a risk assessment or inspection of the Property to determine the presence of 2t8
229 lead-baud paws s>d/or lead•beaed plum hazards. BUYER WAIVES THIS RIGHT and agrees to the RELEASE ad forth In paragraph 25 of 229
230 ibis Agreement. no
231 ? F, LECI'FA : 231
232 1. Buyer, at Buyer's expense; chooses to obtain a risk asseurnearand/or inspection of the Property for head-based paint WWOf lead-based 232
233 paint hazards The risk assessment and/or inspection will be completed within 1_ DAYS of the exaction of Chia 233
234 Buyer Initialst -fir 1 A18-2K Page 3 or 9 Seller mit=ts: 231
02/09/200711:48 FAX 717 731 1798
REMAX REALTY ASSOCIATES
Z86 2 Within rain time sEZ o for obalning the riskaaeeianent anaror rm ley 0 0 5 / O Q 9
230 4 °r'4' 6 teed bin d pway deliver to Seller a written list of the specifi au cited in dha report and moss 237
og with a copy-of the risk eaussment aihd/or inspection report 217
237'' • eorrnc6tions trgbesB Z7.
29ti , 'et, 3: '+ • Seller may,7uith th '7+ DAYS of receiving the list and report(s), lbmit a written corrective proposal-to Buyer The corrective Proposal : ,zsa
n1 : ' r will include,, but not be limited to. the name of the -2042tioti cumpany'and a projected completion data for corrective trncawres. Seller 281
241.1 " ; >i will provide'cfstificaton'Som+a risk. assessor or inspector tbat'corrective measures have been satsfaotorily completed 0n or before ft:-,, 240
•'241
Z;". projected nompktion'dete'.. ; : n .. :: .. ;..
242 4.. Upon receiving the corrective pnoposa4 Beyer, within _ DAYS, will: :x.242
,2N a Accept the corrective proposal and the property in writing, and spec to the RFLEASB set forth in paragraph 25 of this pgreeffent OR 243
244. ti' • `' Tenninate-this Agreement Wwriting; in which case all deposit' monies paid on account of purchase price will be"returned promptly, ' 244
241 to Buyerand thisAgreamentwill be VOID. i. • •i '.',',. ' .:: .. , ..`"..... "1 c+:245
241 S. Should Seller fail to submit a wr'itten corrective proposal within the time set forth in paragraph 10(D)3 of this Areement, Buyer: 241
247 ' ••', - ; within jr s -DAYS, will:''. ,..., , .... ? . . , • . , ; , . . •.. ::' t >.:,,. ,. .247 .
241:< ,:: ,:• ': • ' it: - :'Accept tee Property in writing;`aod agree to the RELEASE set forth in paragraph 25 of this Agraaoent, OR', 1 241
b. 1' •Terminste'this Ageeeirew in writing, in which case all deposit monies'paid on account of purchm ptico will be returned promptly,; :241
251 'to Buyer and this Agreement will be VOID. -1-1256
261 (i Buyer's lhgare to exercin my of Bayer's optbna within the time Molts sped6ed in" paragraph will eosutltute a WAIVER of 251
262 :, 11 - i',wods ¢tud jai whd Buyer accepts tlrcpropaty and agrees to the RELEASE set forth In paragraph 25 of tilt Agremtent.• .90
M (7i) G ttioa: Bysigning this AgroemersOriyer and Seiler certify the accuracyof their respective statwnents, to the best of theirknowledge., 268
251 U. STATUS OF RADON (1-02) ' 254
255 (A) SdIer represents dust Seller has no knowledge concerning the presence or absence of radon unless dwimd below. •..t ; •,:265
251 ? 1. Seller has knowledge that the Property was tested on the dates, by the methods (e.g., charcoal canister, alpha track. etc.}, and with 281
257 :;, , i it c' . •'titetnwtts of all taK iridictded blow: ( 267
t61 `; ^ l1;:.1'i y n ir,! 'r r:pATg'? : 1r' TYPE OF 7WT-.: RESULTS (0cocuriea8iter or woridng levels) '
269. ;. t:"{ i+sr • i' 201
209: ... ,. •:i a•: 'r • - - - -- ;., ...• 200
251' r' .:•':..,:': :irCOFIBS OF'ALLAVAB.ABLE T]3ST•REPORTS win be delivered to Buyer with tale AgreanwLsELLER DOES NOT,WAR- 261
2e2; :. • 1' r 16 ': iRANT•E1THER THE M13TliODS OR RESULTS OF THB 755. 282
257 ? 2. ,Seller has knowledge that the Property underwent radon reduction measures on the date(s) and by the method(s) indicated below: 293
214 DATE RADON REDUCTION h4EMOD
266•, ' :li:• r?^ aria.. ai, f. •?. ji: ?:- _ 211
... ayr{' anp,: .'{rSa,• 'r •.1iJ.. n 1 , 216
157,• 'i,•(B)'"RADON INSPEMONCONTMII.NCY, ....":.•.,•., , •.fl. i ?"-,''' r.?...,,,. 257
lei "o i• ::- Y? WArv®L- Bayeruuderitattds thuaayer has the option to requcat that the Property be inspected for radon by a certified inspector (WEmmm- ice
211 =': %r rneetd Ndtical Ration); BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph Z.S•of olds Agtzeo>anL `'•; _k 2M
270! : ? .: ,ZL$CP1ID:'Buyer."aaBoya6 einpense, has the option to obtain, from a certified inspector. a radon tint of tie Property,' and will deliver A COW. 270
Ztt' n.. ' of tla1a0 ropatt b Sella within ' • ' ' DAYS"(15' days If not specified) of the execution of tlde Agreement: (See Environmetml•Notlca: 271
t .. _
.;k 212
m-,?:1 ., ^t:l Radon)'r=". .; e,: n'^-v,:• , IL :rat ,i: ' 1 ., . ,
273'-!':: 4„ >l; , ,.If the wt report reveals the preaenao-ofradoti'heloai 0.02 working levels (4 picoeuriaaniteryr.Buyar:capa the Propacy, sad agtets ro me ns
274 ai ,-:a! •rn .:'?I 1113L':BXSE-set4'citr ie parapep}i 25'o[thls'Agrearentr . + , : : .. :rs , ..., r.,q? Yt4
276 ' . 2. ` If the tat report reveals de presence of radon at or exceeding 0.02 working levels (4 picocurleaNta), Buyer will,-within - T- ,DAYS 275
rte of receipt of the tact results. 275.
•,rn . - • ?.?:.'•( .l li,: , .:•1t:1,t': f, i,•i.r •. r,fq f(:/:I:ihrr• , • .. ,. .1 <1';" 1<,, . • :t•...h..! 2n
271-:'* .7';i' r`a''a't'°Aawpt'me prtlperty in writing aid agree to the RMIASE'set forth in paragraph 25,of thin Agreement, OR 011`4 -:1 ,:tt8-
270i ''' ,".frb':'o q>•rr»inert, dell`Ay;teemmtbrwriting;;%which'casealldeposit mooiewpaidem'accmwtofpurvhaseprice will bereturned pmmpdytoBoym! 4n
250' .rr ..t) :,J : 3N Mthis AgidetPant will'be'VOBD;OR'",s'ir: a:. 1•: Cn'%o , .:. :., . . 's:l• ,•'ri,•. . .L•),rd L1rl'.t3i11
rit :; fn::a,•i .,uc1 „Subnsit'a'wtimen r?rrretive propoaat to Seller: Ile corrective pwposel'wlll include, but rot be•limited to, the runwof:the ce.rdw:miti='.1251
" LY21 n .:,1,; ;, t 1": -gatioa company: provbidni(O psyrnent, Including retesta;ind a'proieeted compfetion'date for corrective measures; err.::: i,.,s r•• • :.1 :• 252
288 (1) WidkW.L ' DAYS`otreoeiving'&6ohectivepropoid,Sellerwlll::E .. 1% 1 :chi :,.:,•.t . .. . ; ;i.:::i,U •288
284 (a) Agree, to the terms of the corrective proposal in writing, in which case Buyer sweets the Property' and agrees 1c the. 214
,- ' ": +' 1'+ • ; +rp
205 - RELEMB set fbrt# In'padgmph 25 of mi, Agreement, OR,
215irtrfa^_,,..•.v,•:•11•!??I(b},"NOfe?fCCtOThotagnaefthe•Canlectivep[Up0sa1.':.'. ' .•`' ,• .'-. :"• :. :::" •,:."`•:i'+::''a1?:•••".ri'a:2N
?Jri-a a •: • R. M1,11' M Should Saw aetagree to t6etema of the corrective proposal or if Seller fails to respond within the linos' par m,-Buyer will,rwithin, -217
251', ...iEV i'd.!Q"1^.i.:.5 .DAYSialOCttO:'::+.:. - .. .. :,a1.. •4ryW,..)..'.'.S7li!l51
205••: -I.- ","I Mf; Sffi R-1;1(a) i lAccept the Property a writing and agree to the RELEASE set forth in puWVh25 of this Agreemant'OR
2M' *.:,:"; M 4l",',??irit:;1:::(y)';Tandro 'this Agieemem in wrifwg;'in which casa'all deposit monies paid be account of porcho6psico will biDaetu nadl+,210
` .• c'., . - •'.... '?1
211.:. rn-.•tzt:, :•kvotrpdy-to Buyer,'and this Agreement will-be VOID,
2Dt,/N::.?r. Option 2n:?. , :0•l i. .i.,:^.,': ..a i.i ... : r,: .. .. .. .. L :r•'rL: :?-;a?;r ,. 11:r^a,^.670:212.
! :r?: i' ,':' 268
293 a Accept the Property in writing and agree to the RELEASE ad forth,in Ihiureph 23 of tads A eemertt; OR-::
204 .: b. Submit a written, corrective proposal to Sella: The CMI!Ctive proposal will include, but not be.timited to, the name of the Certified mdti- . 214
215 gallon company: provisions for payment, including reeds; and aprojected completion date for corrective measures. Sella will pay a max- • ' 296
210 imam ofS toward the total cost of remediation and retorts, which will be completed by settlement 201
291 (1) If the total coat of remedlation and retots. EXCEEDS the amount specified in paragraph II(B) (Option 2) b, Seller will, within 217
210 ' _J_ DAYS of receipt of the cost of renediatioo, notify Buyer in writing of Seller's choice to: 201
291 (a) Pay for the total cost of remediation sad retests, in which can Buya scocpts the Property and agrees to the RELEASE sat form 200
381 in paragraph 25 of this Agteeme K, OR 3M
Sot (b) Contribute toward the total cost of romediation and retests only the amount specified in peragssph 1I(B) (Option•2) b. 301
302 (2) If Seller chooses not to pay for tits total cost of remediation and totem or if Wet falls to choose eltber.opdon wkbbt the time 802
SM .. given, Buyer will, withirt-1._ DAYS, notify Sella in writing of Buya'a choice to: 70:
304 (a) Pay the difference between Seller's contribution to mmodiation and retests and the actual cost thereof, in which can 301
306. Buys accepts the Property end agrees to the RELEASE set forth In paragraph 25 of title Agreement, OR 31f
386 (b) Terminate this Agreement in which ease all deposit monies paid on account of purchase price will be. renuned pmmpdy -3a
307 to Buyer and this Agreement will be VOID. es
391 11 STATUS OF WATER (1,1) 3a
301 • (A) Seller represents that the Pmparry is served by, 30
310 13 Public %Apsw 31
311 l,0' On-site Water 21
312 ? Community Water 3-
313 ? Now
314 ?' 3.
Sts (B). WATER SRRViCL INSPSCTION CONTIMXNCY 3
315 ? . WAIVED. Buyer scltnowledges that Buyer has the option to request an inspection of the water service for the property. BUYER WAIVES e
317 Mils OP71ON and agrees to the RELEASE set forth in paragraph 25 of this Agreement S
816 Cr ELBC`CBD 3
811 1. Buyer has the option, within 30_ DAYS (15 days if act specified) of the execution of this Agreement and at Buyer's expense, to deliver t
320 to Seller a written inspection report by a qualified, professional water testing company of the quality andfor quantity of the water service. t
321
.•, n..... ratrt,4: S h AfS-2K Page 4 of 8 Seller Irdfia w
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REMA% REALTY ASSOCIATES
ass
324 2.. Seller agrees to locate and provide access w ule ?.. .-• -- R006/0
inspection company. Sells s.to restore the Property, at Seller's expense pri s•
aNlioi fails to
thorit
l
`.: 09
325
3
-
y
au
dos not meet the minimum standards of say. hirable govesnmettts
service
if the report reveals that the
''3
23
526 .
satisfy the requirements for quality and/or quantity set by the mortgage lender, if any, then Seller will , within DAYS of receipt of 325
. •
327
.
26
the report notify Buyer in welting of Seller's choicc to.
UPBfedO tits weir service to the minimum acceptable ]costa, before settlement, in which case Buyer accepts the Properly and agrees 3
32
3
321
to the RELEASE set forth in paragraph 25 of this Agreeient, OR
:r .. .. • '" "'
•I
:n
' 326
336
Sae
i '
j .
. n_,
.
• r. r
b," 'Not upgrade the water service,
4 ' -7 enter'chooees not 1i;. the service to minimum acceptable levels, or fails to respond within the rime giver Buyer will, within
331
a
a
r::; ,, ,t , 1. •:t 5 ; DAYS, either ..;:.:
water service and, if required by the mortgage lender, if any, and/or any governmental, authority, upgrade
{Accept theyroperty and the
a
'
' 32
3
.337
3?
334 .
. -,
authority, at
wain service before woe.Tneat or within the time required by,the aartgage lender, if any, and/or any goveminenial
:the "Al
336 .
' !` ' ?uyer'e ezpensa end with Seller's permission, which will not be unreasonably widhhetd and agree to the REl EASE set fait In psra-
.
' anti
DAYS of
of this 'Agee ment. if Sella deities BiYi pesn assion to upgrade, the water service, Bayer may, within S
h 25
ra 336
?g
337 '' .
.g
p
'Selteir's denial, terminste this. Agreement in writing, is which case all deposit mbnim paid on Account of ptul:hase'ptice will be 337
310 returned ¢tomptly to Buyet and this Agreement will be VOID; OR 331
839 7'eritiina0e'this Areemad in writing, in whhich base all deposit monies paid on account of purchase price will be'retained promptly 330
3"...' . tq Buyer and this Agreement will be VOID.
'
341
FSRWM 1-02
'
'
c :
342
.. .
the.Yropeity is saved byi
ahat
342 .` • ' {A} .. 343
343 lid cr
?
344
344 vidusl On-lot Sewage Disposal System (Sea Sewage Notice I)
340 ? Individual On-Sot Sewage Disposal System in Proximity to Well (See Sewage Notice 1', we Sewage Notice 4, if applicable) 345
346
ee6' ' ? Coiottuimity'Sewage Disposal System.
847" :Tl:»-acraPaoutExempticip(SeeSewega'Notice 2) 34?
rl..r•,'..*Q m Moldin T)udc (See Sgwaget otico 3
g N 348
nr
'r,•,Q ?I None (See Sewage Notice 1)
34
' 3tio? Q None AVailablelPehnit Lirrhitstioru in Effect (San Sewage Notice 5), 356
a51
?• 3ti2 .
(B) ' DWIVIDUAL ON-LOT SMAGR DISPOSALINSPRCTION COMMENCY
352
L 3jc9 ; _ ' ' Q' i W Buyer ackhawledges rtut Buyer has tit: option'to request see indi»dual on-lot sewage disposal Inspection of the Property. BUYER
' 353
i ae4 ,
a®rlees to thie RELEASE set forth In paragraph 25 of this Agreemmk
WAIVBS ?PT TON and 861
a
60' ,
, 1
l7 13L8CT13A 356
356 1. Buyer has the option, within DAYS (15 days if not specified) of the execution of this Agreemert'and at Buyer's expense, to 368
957 deliver to Seller a written inspection report by a qualified, professional inspector of the individual on-lot sewage disposal system. 357
356 2. Seller, at Seller's expense, agrees, if and as requited by the inspection company, to locate, provide access to and amply the individual on, 35,
861 lot sewage disposal system. Sella also agrees to'restom the Property, at Seller's expense, prior to settlement. 356
360 3. If the report reveals defects that do not require expansion a replacement of the existing sewage disposal system, Sella will, within 300
361 7 DAYS of receipt of the repot, notify Buyer in writing of Seller's choice p: Set
302 A. Correct the defects before settlement. Including retests, at Seller's expense, in which case Buyer accepts the Property and ROM to 362
Sal the RELEASE set forth in paragraph 25 of this Agreement, OR 353
aM h Not correct the defects. 304
so 4. If Sella chooses not to rarest the deflects, or if Seller taps to speed within the due glum. Buyer will, within 5 DAYS, either: 315
$50 a, Accept the Property and the system and, if inquired by the mortgage lender, if any, and/or any govetamenul 8uthosity, correct the a06
357 defects before settlement or within the time required by the min agage lender, if any, and/or any governmental authority, at Buya's 667
386 Sole expense and with Seller's permission, which will not be nrXeBeOAebly withheld and agree to the RELEASE set forth in pan- 353
856 graph 25 of this Agreement. If Seller denies Buyer permission to correct the defects. Buyer may, within 5 DAYS of Salkt'a 360
370 denial, terminate this Agmment in writing; in which case an deposit monies paid on account of purchase price will be returned 370
371 pMMPtly to Buyer and this Agreement wilt be VOID. OR 371
372 b. Terminate this Agreeatatt in writing, in which case all deposit monies paid on account of purchase price will be reatio d 372
372 promptly to Buyerand#s Agreement will be VolD. 373
374 S. If the report reveals the need to expand" replace the existing individual on-lot sewage disposal system. Seiler may, within _ 25 _ DAYS 874
375 of receipt of the repast submit a seer chive proposal to Buyer. The corrective proposal will include, but not be limited to, the Demo of doe 375
$76 remahlition cornpany; provisions for psytuent, Including retests, and a projected Completion date for corrective armarss. Within 370
377 _1_'_ DAYS of receiving Seller's corrective proposal, or if on corrective proposal is received wttida the des gh'eu, Buyer will: 377
376 a. Agree to the terms of the corrective propoeal, if any, is wridng, In which case Buyer accepts the Property and egtees to the RELEASE 378
sit set forth in paragraph 25 of this AgieesmenG OR 370
380 b. Accept du Property and the system and, if required by die mortgage lender, if any, and/or any governmental authority, caret rho 360
361 defecro before settlement or within the lime required by the mortgage lender; if say, "or any govOMMeatat akhodty, at Buyer's Set
302 sole expense and with Seth's permission, which will not be unreasonably withheld, and agree to the RELEASE set forth in poua- 3e2
30 graph 25 of this Agreement. U Seller denies Buyer permission to conned the defects, Buy, may. wtthln _? DAYS of Seller's
wi 308
S14 denial, umdaa s this •Agreement in writing, in which case all deposit monies paid on aceou at of
vehase price will be h {Hess ant
385 prorrrptly toBuyer and this Agreement will be Vol]), OR
316
sse a. Ter rahinaie this Agreement in writing, in which case all deposit monies paid on aceaart of parch. Price will be returned
IPdY
ate
387 to Buyer end aria Agreement will be VOID. 8e7
310 14. N017CR& ASSESSI?N 15 & CERTMCATES OF OCCUPANCY (1.02) ant
910 (A) Sella repraseats, As of Seller's execution of this Agrxment, that to public improvement, condominium or homeowner association eBeauneaM
' a69
300 have been
made against the Property which remain unpaid, and dud no notice by any government or public authority has been served up= 300
301 Seiler a anyone on Seller's behalf, including notices rehdng to violations of zoning, housing, building, safety or fire adinanca which rennin 301
392 uuootrected, and that Seller lowwa of to condition that would constitute violation of any such ordinances which remains uncorrected. valves Sat
343 otbewin specified here:
393
394
398
(B) Seller knows of no otter potential notices (including violations) and assessments except m follows: ant
396
396
. 3"
39T (C) In the avant any notices (including violations) and assessment' are received dbx -
don of ids Agreement and before settlement. Seller wal as7
sae notify Buyer in writing, within _5? DAYS led receiving the notice or assessment,, that saw Will..
M
399
set forth
1. Comply with notices and assessments at Setter's expanse, in which case Buyer accepts the Property and agrees to the RPJ EASE
300
400 in pangrsPh 25 of this Agreement OR 0
404
401 2, Not comply with notices and assessments at SeD&.3 expense. 40
402 3: If Sella chooses not to comply with notices and assessments, or fails within the time given to notify Buyer If Seller will Comply, Buyer 40:
463 will notify Seller within 5 DAYS in writing that Buyer will either. 40:
405 a Comply with undoes and assessments At Buyer's expense and agree to the RELEASE set forth in paragraph 25 of this Agmtolmd, OR 46,
406 i b. Terminal this Agreement, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer 4W
400 and this Agreettwnt will be VOID. 40,
4 1f Buyer falls to 1116tify Sailer within the time given, Buyer accepts the Property and agrees to the Itrtr-7ts.Ci3 set forth in para. 40
09
.
400
graph 25 of this Agmment
46
5a9 (D) Buyer is advised that teas to a public road may require issuance of a highway occupancy permit from the Depertmem of on. 40
410 Bayer Initials: , '+ AM-2K Page 5 of 9 Seller Initials. 41
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REMA% REALTY ASSOCIATES
1
'
11
4
d ortneoww.......
a), Ifaequrrwrby,Lw,within?15_ .1
°' ---' - f7J 007/00
uauu.? ...._---
-A certficadou from the appq- :. municipal department a depaztcnent6 disclosing nd?t any
~il 9
412
„, ..
' •
AND10R
4e$ ]cage' era' oC fare vements arc IMd for the issaancx of the certificate, Seiler
ermitting oexuparuy of rho pmpnty. In the event n°paira/empw r«N
eti tficate
A
2 413
4u
n4
1 p
c
.
5 DAYS of Seller's receipt of the requirements, notify Buyer of the ttquhMMtB std whetter Seiler Will Make the
witltin
win 415
416
3
4
416 _
,;
required 10001AMProvemcnts At Sener'6 expenae.
the RELEASE
if Seiler chooses to maim the required repairwimprovernents, Buyer agrees to accept the Property as repaired end agrees 417
417
416 S,
within
forth in paragraph 25 of this Agreement, If Sella chooses tot to make the required repairstimPrm'etttents, Buyer will, oe a ? DAYS,
rovelo-W at Buyer's expense ani with Seller's
?m
h
k 418
418
.411, e rep
p
e t
notify Seger In writing of Buye'3 choice to terminate this Agreement OR ma
If Seller deities Buyer permission to make the required repairs or if Sena faW to nspond
t be unreasonably withheld
whi
h will 425
428 .
no
c
pormlWon,
Buyer may, within 5 - DAYS, terminate this Agreement in writing, in which case all deposit monies paid on account
within Use time given
421.
422 ,
of purchase price will be retained promptly to Buyer and this Agreement will be VOID. 422
423 1S. MIA SURVEYS & COSTS (1-02)
424 (A) ' The Property is to be conveyed from and clear of all liens,.encumbrancea, and easements, BXCEVIING HOWEVER the following, existing 423
424 '
'425. deed matrietiuns. historic presetvatioa restrictions or ordinances, building restrictions. ordinances, eese cents of roads easements visible upon 421,
e28, the Around easemtents of privileges a rights of pnbtle service compeniea If any; otherwise the We to the above descnDed real agate
record. ate
'
427: will be good and marketable and sucb ss wail be insured by a reputable Title insurance Company o the regular rates 427
131 cleaaia men insurance err fro fo>f caacelladan of seats it any:
(B) `
Buyer will pay far the &dlowing: Title aeerclt, dim
) 428
428 .
I insurance. or fee foe cancellation of seam if any; (3) Appraisal
Plood insurnce - 429
smWt coats and aoxtmasls.
;(4)
fees attd , if y= 438
431 (G? Any atnrvoa eys himay ix reghe Tide the aattorney foe the preparation of an sdequata
P A3t
472 legal deuxiptidn of the {or thereof) cured for by Any survey surveys desired by Buyer or
=4 432
433 required blr the mortgage lender will be secured and paid for by Buyer. 433
434 (D) in the event Sake is unable to give a good and marketable title and such as will be Insured by a reputable 71fle Company at the regular rates, as 434,
435. specified in paragraph 15(A), Buyer will have die option Of (1) telling such title as Seller can give with no change in the purchase price: or (2) being 435 .
436 repaid all monies paid by Buyer to Seller on account of purchase price and being reimbursed by Seiler for any cats incumed by Buyer for any huspea 438
437 bons or certifications obtained according to the terms of the Agreement, and for those items specified in paragraph 15(B) items (1). (2}, (3) and in U7
439 P 15(C), in which rase there wig be no father liability or obligation on either of the parties herein and this Agreement will become VOID. 438
'438 .16. ZONING CLASSIF'ICATION (1-02) 134
.
440 Failtue of this Agreement to contain the zoning clasaiiication (except in ernes whew the property (and each parcel thereof, if subdividable) is zoped 448
f 441' solely dr'pdaisrily to permit single-family dwellings) will render this Agreement voidable at the option of die Buyey end, if voided, say deposits 441
F
442 tendered by the Buyer will be returned to the Buyer,without any requirement for court action. 442
.
(. 44;'. Zordng CkassitkmdOm- ?P f <<°r fj;?}C 443
. •
444; ELECTED. Within 1_, DAYS of die execution of this Agreanmat, Buyer will verity that the existing use of the Properly as
? 444 '
:
4 _
is permitted. In the event the use Is net Permitted. Buya will, widdo, pee tone. 445
448 given for vuritlcatlon, notify Seller in writing that the exisdng use of flu property is not permitted and this Agreement will be VOID, in which 444
Ott ' case'an deposit monies paid On account of Paechsse trice will be recruited promptly to Buyer. Buyer16 Where to respond within the Nine 447
448 given WM constitute s WAIVER of this contingency and all other teftms Of." Agreement remain In full force and effect. 446.
u
449 17. COOI NOTTCiL
'
' 6
?
446• NOT APPUCABLS
®
' 461
451
. 452• 0 APPLICABLE
TM DOL'[Md W MAY NOT Sgu, oopim,1 mnut, D4CLUD8'OR 1NSlip WE TMXTO THE COAL AND RKWS Or SUPPORT tlN XWM19'!H YH8 SllRPACS LAND 462
' 463 DESCRISM OR RM30RO 70IMt. AND THE OW= OR OW HW OF 8t1C71 COAL MAY HAYS TH8 CabrtE'rB LEGAL RIGHT To,REMOYB ALL MXH COAL AND.
. 453
454 UNDAr' OR O rABR mt cram ON OR IN 3"U,ND. (fbis
m THAT cwwnom DAMAw MAY ItImM TD Tme suRFACB OF 1718 LAND AND ANY HbUSB, B 454
.
45i notice is eat forth in the manner provided in Section 1 of the Act of July 17,1957, .PL. 984.) "Buyer acknowledges that he may trot be obtaining the 455
. 468 right of protection egBing subsidence resulting from cal mining opersiiens, and that the property desenbed Martin may be protected from damage 458
457 due to mime m"denca by a private contract Oith the owners of the economic interests in the coal. This aeknowledgmtent is made for time purpose 157
"i36 of complying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act ofApdI27,1966 " Brayer mercer 458
468 to sign the deed from Sella which dad will contain the aforesaid provision. 468
468 1& POSSESSION (1-02) 451
461 (A). Passeasioa is to be delivered by died. lreya and: 461
462 " 1.. physical possession to vacant Property, free of debits, with all structures iiroom-clean. at day and date of settlement, AND/OR' 482
463 .2.. Assignment of existing l ase(e), togedter with any seamy deposits and interest, at tram of serlemeeit, if Property Is leased at the 441
464 exacution of this Agratmeot or unitise oibarwise specified herein. Buyer will acknowledge existing tune(s) by initialing said lasse(s) at 464
466 rim of execution of this AgKemeaL 466
488 (B) Seller win not rim into any new leases, written extension of existing leases, if any, or additional losses for the. Property without the written all
461 consent of Buyer. 467
4ae 19. RECORDING (W This Agreeinent will not be recorded in. the Offica.for the Recording of Deeds or in my other office: or place of public record 468
469 send if Buyer causes or permits this Agreement to be recorded, Seller may elect to treat such act as a leach of this Agttxment. 469
475 X ASSIGNMENT (3-85) This Agreement will be binding upon the patties, their respective heirs, personal mpmsenaNva; guerdisms arid successors, 4?8
.471 and fo the extent assignable, on the assigns of the parties herein, it being expressly understood, however, that Buyer will not transfer or assign this 471
472 . Agreement without the written omsecat of Seller. 472
.-473 21, DRPOSIT & RktJCOVERY FUND (1.02) 473
474 (A) Deposits paid by Buyer within ?30 DAYS of settlement will be by cash, cashier's or certified cluck Deposits, regardless of the farm of 474
476 . payment and the person designated ss payee. win be paid in U.S. Dollars to Broker or party Identified in paragraph 3(B): who will retain than 471
478 in an escrow account until consummation or termination of this Agreement in conformity with all applicable laws and regulations. Any unwashed 471
417 check tendered se deposit monies may be held pending the seeeptame of this offer. 47'
'478 (B) Upon termination of this Agtaement, the Broker holding the deposit monies will release the deposit monies in accordance with ohm Wine of a 47
478 fully executed written agreement between Buyer and Seiler. 41
430 (C), in the event of a dispute over entitlement to deposit monies, a broker holding the deposit monies is required by the Ruder and Regulations of 41
"Ast da State Rest Betate Commission (49 Pa. Code 135327) to retain the monies In escrow until the dispute is resolved. Iu the event of lidgadon 41
482 ' for the retain of deposit monies, a broker will distribute the mania as directed by a final radecof court or the wnittanAgreemrnt of the parties. 41
483 Buyer and• Seller agree that, In the event any broker or affiliated licensee is joined in litigation for the return of deposit monies, the attorneys' 41
464 fea.and costs of the broker(s) and liceaeee(s) Wni be paid by the party joining them, 41
435 (D) - A Reel Estate Recovery Fuld exists to rdmbitnm any persons who have obtained a final civil judgment against a Pennsylvania real estate 4
496 licensee awing to fraud, misrepresentation, ordeceit in a teal estate transaction and who have been tenable to collect the judgment after exhaust- 4
437 ins all legal and equitable remedies. For complete derails about the Fund, call (717) 783-3658, or (800) 822-2113 (within Pennsylvania) and - 4
418 (717) 783-4854 (outside Pennsylvania). 4
.4n 22. COYDOMMILIVI'LANNED COMMUNITY (HOMEOWNER ASSOCIATION) RESALE NOTICE (14M
490 [Y NOT APPLICABLB e
49t ? APPLICABLE: CONDOM NIUM. Buyer acknowledges that the Property is a unit of a condominium that is primarily tun by a unit owners' e
482 association. 43407 of the Uniform Condominium Act of Pennsylvania requires Seller to famish Buyer with a Certificate of Resale and copies
.493 ' of the condominium declaration (other than plats and plans), the bylaws, and the rules and regulations of the association. .
484 ? APPLICABLE: PLANNED c::OMbiUNil'Y (HOMEOWNER ASSOCfAT'ION). Buyer acknowledges that th4 Property is part of a planned
493 community as defined by the Uaifirm Planned CommunityAct (See Definition of Planned Community Notice). 15401(a) of the Act requires
496 Seller to famish Buyer with a ropy of the Declaration (other than plats and plans), the Dylawa, die rules and regulations of the rim. end
'
407 ing the provisions set forth in 15407(x) of the Act.
a Certificate co
?''1 1
498 Buyer Iidtials:
A/8-2K Page 6 of 8 Seller Initials:
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REMA% REALTY ASSOCIATES
481 THE FOLLOWINGwPPLIFeTOPR PERIMTHAT AREMarvrn..,.,,....... _.__ 8008/009
1 900!0 1011:? DAYS of the atect f this Agra M01t, Scller.will submit a request to due m for a Certificate of Rasle and foe seer
1. (A};
' ,..
.
. +
p
The Act provides that the associate is required to provide these documents within
ble Setts &.&n
with the Act
t
; 601
551.x. :
6112;-
on:,.. y
ama
p
.
umentr necessary
.: .:
- .r„ 10 days oF3eller's r6gimtt :. ... ..: . .... . .... .. . .. . :.> , : :.. .. .. . , ..:. ! -..:, ,:: ., •:
• • • (B) :, Seller will•prompdy deliver to Buyer;elt docmnmts received from the association. Under the AM Seller is not liable-to Buyer for the failure or •. sae
? 603
554:. ',r;. :;,+delay of:the associsdon.to provide the Certificate in ttimely manner: nor is Seller liable to Buyer'forlmy ennneous infotmetion provided by -,: $04
eas•.
-.?•, ... ,:.., ., ...:•:•:•:.. ... .. .. .:
i..•,a:,np-die association dad'•includedIntheCertificste..r :'.'?.;... .,;:.. .. ,. ..,:.
.656
so (C) Buyer may declare this Agreement VOID at any time before Buyer's tompt of the association documents and for S days thaatter; OR until •• • 506.
507 settlement, whichever occurs first. Buyer's notice declaring this Agreement void must be.in writing; thereafter all deposit cronies will be 507
on !*,•
renrned.to Buya.7f: ,'•;. , art:., ;'3:i:• :l'••1 .• •?":. .. r ''1'. ,.. 508
5M.r; ; . •,. (D) olu the eventthesssadation his the rightto buy the Property (right of fratrefuset). and die assoctatiom exercises that right, Seller will reimburse : 600
sit Buyer for phi monies paid by Buyer on account of purchase price and for any costa incurred by Buyer for. (1) Mde search, title itwrance and/or: III
511.:: '• • . ? : -. ,•mectiaeia lien insurance. or fee for cancellation of'sainc: if ady;i (2) ,Flood insurance and/or fire insurance with extended coverage, mina sub. ail
612 sidenee insurance, or fee for canceltstion of same, Warty; (3) Appraisal fees and charges paid in advance to mortgage lends, tf my. • -.-t. ;,t 512
918r ,23.'? MAINTENATIG$ dr HSBYaF LQSS'(1-02}, r . . , 51a
all (A) Seller will maintain the Property, grounds, fix*am, and any personal property specifically scheduled herein in its present condition,: normal 614
III wane and tearexcepted. +•_: , ,:.:,,'t'" r i:. t .; ....r • .. . , , ; •:F.. :.:. ) i.... -a.; 616
all (B) In the event any system or appliance included in the We of the property fails smd Seller does not repair or replace the item Seller will promptly fill
517 notify Buyer to wtiong of Seller's choice to., . . . . ... 517
618 Repair or replan, die fated system or appliance before settlement or credit Buyer at settlement for the fair market value of the failed sy?
1. all
518 t
4 tern or appliance (this option in= be acceptable to the tnortgege.letder, if any). In each case; Buyer accepts the Property and agrees to Sit
520 the:RBLSAS•B act forth in paragraph 25 of this Agreement, OR 520
621 2. ' Not repatt or replace dte.fiiled:system or apq+liattca, and not credit Buyer at settlement for the fair ittarket value all the failed ayaDatt or 621
,
'522;
: :::; ':: rippliancm If:Sellyr ties not repair, replace a offer a eredittor the failed system or appliance, or R Seller fails to no* Btryec o[9etler.'s :
:'522
62] ', ! .: •:; 'tr ; recitals; Buyer wilt ao* Seller 6.vn ing witbin S:. DAYS or before settteaew. whichever is aooom the Buyers will.•r- •, + . , ., ... x,528
924: ' , :'?+? i ' . I ,. t.! a +, ,•; IAcbept the Property and'agres to the RELEASP sa forth in paragraph 25 of this Agreement. OR- *:. ? ... m : : -;1 • < . , 424
gggr:t -, - ii •a,.. •,:;' ls" Ittrmineta thps•Agreeukmt; in•which case all depositmonies paid oa account of purchase price will be returned promptly to Buyer -.529
;. a26,.:.,-:i1,.:;r:t;,.:..•andit'AgteementwillbaVOID. ::,71 an i
527 (C) Soifer will bear risk of hoes from fire or other casualties until time of settlement In the event of damage by fm or other asualdm to_any.peopr• • •62I
i... 629 erty included in this ask that is not repaired or replsced prior to settlement, Buyer will have the option of rescinding this Agreement and 520
69'. promptly receiving ill monieekpaid'?' acconmrof purchase price or of accepting the Pioperty'in its thrall can& fion together with the ptoceeds 520
530 of any insurance recovery obtainable by Seller Bayer is hereby notified that Buyer may mom Buyer's equitable interest in this Property as of 630
651, , yt .. •, r• ;,' dte:dtro of execution of this Agteaanf
s82 : W. WAIVER O)o:CONTINGENOIFSQI-02) .. .:, . , ., ? r .. it is •,, : , ; r. 6a2
:883: A: b-54f dilalAgneeirtentsis>6ndugent-ou;Buyer's right to inspect and/or. repair fhePropeity? Buyer's More to. evarrlse at! of Buyer's opdw within :: 633
594 the time limits act forth he this Agreement win constitute a WAIVER of that eonthagency and Buyer accepts the Property and, agrees b the 7'{534
595 RB:LEASE Out fosth In paragraph 25 of this Agreement 636
610 25. RELEASE (1-02) x::` r • =:. 1, :;, ,: r.i'cS. •:. i •,930
037 Boyer bereby releases, qM claims and forever discharges SELLER; ALL BROKERS, their LICENSEES, HMIPLOYIM* and OW. OM. 557
ate CER or PARTNER of aqy cos aftheur aad'auy,ofiter PEItSON,'Bi tK or CORPORATION wbe may be, Babb-by; or.th oagh them, from 636
in ley and aU.clairas, loans or demands, including, but not tlntited to, personal Wuries and property doeserj ul n9 ellheeawegumm titers on
640 04 whether now known or not, which-may arils from the presence of ta7dta or other wood-isoring Insects. r&da%.lbd•basOd.point hop 540
641 an* en rarinua staff hasards, may defects In•tM-pn #Wu.dgrW t:selrage•dfepomI system a' ddkinicies Ice the o"te.wow service'syskm,•.. 541
5dwrNbbq or'agy defleWorpamditiohs;anidie Propertyr•Mould Seller be•lntdets it under the terms of."Agreement, 4.&. role* does mtdepdve, 542
so Boyer of any right to bureau awy remedies that may be aviilabk under law or equity.- This releasewill corvh4rsettlefsnt r:1ez3,T 543
644 26. REPRES$M72ONS(14)2) ( • rr:nr,l•t t,1a:••:rT :: 644
546 -(A) Buyer understands that:any;epreee Wiens. clahhs,:advtdWngi promodoasl activities, broil mesa plans of any ldnd.made,by.SaIIM'Brokcm 545
' .546 their licensees, employees, officers, or partners we not a part of thisAgretagent tudem expressly iaeaposteda •ataasd ia'this Agmenia t leis 541
647 further understood that this Agremteot contains the. wholar-agreeman between Seller. and Buya:and•thare,srszo ode terms, obligations, 947
849!` ;rc:i t!)rr3i9tbveasmaji repmsanlstiom,:suuemarp'.arconditions,'•baaL Op othewrise of:eny'Iond whatroevyr concerning dds,aale rFtribanmam rids 541
60 Agreement will cot be alteed;aroanded, clanged. or modified except In writing executed by the pettier $49
on. (B) It is understood that Buyer tiem impeeted'dis Pngmtyrbefore signing. this Agreement (tmcludiag fixtures, and my. patunal propuV 560
list opatflcally adbeduled bar in), or has waled the right to de a% and has agreed to purehose the Property In its present oaedMa n unless got
s62xrlr<r. ,nifworhenrlae'ahtad ha!dds-Agreement.'Buyer.ackmeWledges that.Brown'e, dWrd6omsees,-m:q loyees,'ollleerif w p&Mgm birmiWt msded ,::552
663 .atx it••I a •, gn.pndepedeat eramdrradon ordetetmiotdass oflhe stn?edlaf aomndutes Of thaProperRy, th!•aga oroood(tom'ef tbaaouspomeab, mvl? re663
554 roomemtat candldor% the permitted use, or of condition existing In the locale when the Prop" is sihuledl nor have they rook a 054
060 maecleamkal hspeedon of aqy of the systems contdned dserdart e? .:: • ,' : 556
556 (C) Any repairs required by this Agreement will be completed in a worlunanlike manner. 556
ativ In :.n(D).•Brokec(a) may.perfam'services to assistunrepresetted parties in,complying with the tame of this Agteematt .. :. t r,r : i,:••• r i, 697
560 (L) The headings, captions, and line numbers in this Agreement ate meant only to make it easier to find the paragraphs.- - rt
sas 27. DEFAULT (1-02) 559
550 (A) Seller has the option of retaining all sums paid by Buyer, including the deposit monies, should Buyer. 509
561 1. Fail to make any additional payments as specified in paragraph 3; OR 561
862 2. Furnish false at incomplete information to Seller. Broker(s), at the mortgage lender, if any, concerning Buyer's legal or financial status, 662
555' or, fall to cooperate in the processing of its mortgage loan application, which acts would result in the failure to obtain the approval of a 583
564 mortgage loan commitment, OR 1114
585 3. Violate or fall to falfill std perform any other terms or conditions of this Agreement. 580
668 (B) Umlest otherwise dwAed in paragraph 27 (C), Seller may elect to retain those sums paid by Buyer, including deposit monies, in one of the 681
557 following•mamoera: - 517
me 1. On account of purchase price: OR 501
560 2 As trtoniee to be applied to Seller's damages; OR 6s
570 3. ?11s liquidated damages for such breach. 57
511 (C) E r Seller is limited to retaining stuns paid by Buyer, including deposit monies, as liquidated damages. 57
572 (D) If Seller retains ill sums paid by Buyer. including deposit monies, as liquidated damages ptnsnstn to paragraph 27 (B) or (C), Buyer and Sella 57
673 will be released from further liability or obligation and this Agtament will be VOID. 51
574 .2& MEDIATION (7.86)• 57
on OT AVAILABLE F.
570 * WAIVED. Buyer and Seller understand that they may choose to mediate at a liter date, should a dispute arise, but that Owe will be no obli- 5'
077
571 snot on the part of any party to do to.
kxcrBD 6
5
579 (A) Buyer and Seller will try to resolve any dispute or claim that may wise from this Agreement through medistitm in accordance with the Role 6
5" and Procedures of the Home SellersSome Buyers Dispute Resolution System. Any agreement reached through a medladon owdersom and 6
all signed by the parties will be binding., t
582 (B) Buyer and Sella acknowledge that they have received, read, and understand the Rules and Procedures of the Home Selk&WHome Buyers t
Bea Dispute Resolution System (ace Mediation Notice).
504 (C) This agreement to mediate disputes arising from this Agreement will survive settlement, t
sea
s
sees Rover fnidatu A18-2K Page 7 of 8 Seller Initials: ?__ !
02/09/2007 11:51 FAX 717 731 1798 REMA% REALTY ASSOCIATES
sat 39. SP?EaCIALCLAUSES(1-02) % !. Roow9/009
1 ".° '? Ir •/ "^?`6 Are-part of tkla - eat N dieckedt '•? , 692
an Batt k 54etaabnt of Otbar +.. r i; : R7,.Settlamea't of Other Pmpartrt ntingmcy Addeafiiun (PAR Pam SOP) . _ : 6I2
596. ' Contingency Addendum (PAR Form SSIh ? . T t . od Pm addendum (P
691°:it::r I,: 1n?'vSale'8i'Settlaoi6:lt'ofOthetFTkWtyContiug?cy: ' L.+r s7:.f}8 ??rj6srTUX ?? .? 611
W! A:i:+,, q withiRight to Continue Nui edng Addeoduin' 592
993 (PAR Form SSP-CM) O 5u
594
504 (B) -
399:!!1 ° ,rl;ll;;a i,, p , .. b: , :. .t . .:, t;r,;,;a;, .• .I. ...:•I .?;, ,:: r:"<•..... r:.:lr•'rlir' 695
696'.1: j : r;. ; 1,:1 1.. ?.1.q, 1.: !l/Z. , Lpl??/?CT t/G? 0?'D 699
897.. ! i•f?, 3? l ,ln'?N kf S /,:.. / r F /?!Z/4 (, S4? ,. : v 697
......• 1.::••1'.s.,.•:I?,. 591
9991 ' .+ir :f !. •? . ,. ,`: ,I. , .. , . ?. P: , .. S9a
? .. .. 991
691 s•nr. ,,: ,: .. •' ..: .. . ... .. , :i ?
Su• Buye• and saw acknowledge receiving a copy of this Agreement at the'time'of sigsdng Du
6t16 691
666: '•' N01Tt:E'TO'PARTMS:'VVHEN'61GNED,1ffiS AGREEbIOM IS A BYNDING CONTRACT. Return by faalmik 4na9toW in (FAM of tbM' Us
60011 11Agrgeotent;'aid'aB addenda, bearln{ theaigaastuses d? partia;'aooaNtrsta acoeptuuro of thta Agreement Pa2Ha m ffi16 tranactl6n are advised' 916
sot 1 ' t5`coarult aa•attao'riey'lie[ore`dgOhie'Ittbey Dealydlegal advice'; . '',. ' - r . , .. a , ,.•,,+' • 1 • , , . ?
I et:. ..
Soy ? Buyer has reedved the Comunmr Notice as adopted-by the State Rent Estate Como dmilm at 0 Ps. Code 833.336. 609
e16?'°D'?'Bayerhaererdved'Trent'oflinperh?otlmsteddoeingeadsbetorcsigrrfogthi9Agt.'• .. +. : ' , •e,?'.,.!,?n'.•' 916
st1- ' ? Buyer bas mad,mW understands the noticesand etgrlaoetory intornntton ant fartb hl this Agreemrnt 911
612 ? Buyer het reodved a Seller's Property-Disclostre Statement before signing this Agreement, it required bylaw (see iulormadon Regarding 612'
s1Y"i!" theReiilFNiite'Selk?Diadernrtiiaw?;, a1L,r' , _i!•., :!: r'vbr3 S,C 613
614 ' ? Buyer bas'radved the Deposit Money Notice (for cooperative sales when Broker for seller to bolding deposit money) before signing Hdi 1 611
616 AgreesneBL H6
6yl'+:!!I;ia•,-.rlfv;y,,!r!>.ty;''•I+, .1: 'IV•. Fi r.. 1.:• I .. s .!... .'n•,":n,.'+:1t;1' 916
e17V"BU7tWSMAII.*GADDRESS: 617
eta zwell. P. L, 616
sta BUYE'R'S CONTACT NUMBER(S);. =?1
620
621'!rr• ... :: •. : I
,?':y?'j? BUYER.t'C ?-?
•V171YVESSr: ,S.r,r."
' r. ;1.:,
DATE^' ,th D'
TE
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A ..
+i ..: 21•li li^ n'frt •i:'fl'.ti . .. :, -7.;^ .i
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121 1411 NESS-' ;- .i BUYER DATE G G
SSR I °rl.,, ;.,1 •,n,+.c;.,tt: ..1 ,..
B26 .7
627 Wh1148SS HUYER "DATE r
.. an
.,:. , :i'. f, 1' +. ., .. .. • 'b3iy
I ' i:' . .:.'• I Ii 1:,:; r
on "
Seller hereby approves the above coraact dnis (date) '^. v " 0- .r.,•,na
;,1 '
am
• a?f.l
953
• .a>s?,;r. [?:,gaha•h?'r+eoNVed the'Conetiiner Notsoe"ie adoP? bythe State'Reil F?hte Cammieefon at 491'a: Carla 435.336:: ,.: o-.:•1 ; ttt•.:t,l•,i ,i.•,:> .'
aeon, • ,/ ar'l1Y Veda afatMelt of Hd't6 E?latld' dosing mob belaRa signing
tidf Agl'O6mHlQ,:f• •
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'
he
: i. .• '••It: •n1i .'n .;?•q,p.l ley, .{•1,.;
137 {
.7
eft bso rmd
and underataoda t
noHen wd mpJaoatery info =Wen let herb to this Agreement „. '!. ", i• '.. ` . ,,,,
ua ,
u9
SEI. M S MAILING ADDRESSt 3
30 lU, SU i-r o _ ?._?.eP' _
KI I G`? : ' i?•+'nt m ° '/7u /:) ;
616
626
am
622
623
624
on
526
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626
629
620
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633--
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us
as
6,17
6341.
as
• .646. , ,.I: .,i; .. :... .. :.
. :. !. ,640
..
041 SELLER! CO 841
612u1>, 1 .`•ui•:Ir , I ^li'I!r r J,I L• 'bn •r 'i:; t, a' •.^ : i.• ., ' ,
1
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,sEi.I.>rR° DATE 9 ?;-.0_ i 613
77
•
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:.i . .. ... ... .. .:If.{:lil.ll:
.. "" ''rli.. s i?i?,'•>'fi
616
646 WITNESS SELLER DATE ?'..... 616
647
617
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? t';' fr: 11::!;y'..:i ;, f ., ,'r;I f: •:. ,.. :.t.: ..; .. .: I.s _, , „r I r
NBi:1::W177VE3S"r' "rl+ ;r.lr r,l ••l..:n, r,,l • $ELLBIj
.:DATE ' 4
640
650
5SIh :•.,:.:; ..1 1... ,(. ., t:n•.:.:!• • 6511
661
Sufr
Hrb6cert''herd6egtlone(chedtapthlat'alitiipplkAWa)f'.1 114'; •f.i .t.•RI"it.: ,.. ,nf: " 'i:'•ira: •i:.:!: .slr,'O'i^.vi?°?
.hn%trfi 661
D62
.
.
66aar: i7'! '""A '' i I nerd+Bued' PaInNBaurda Diadagsre: Regrdred it Property war boflt betere 1978e The iuidersigatd Lioeoseea.involved Isi, on
661=iA r,? ;1 nl,+r l tlfis`u6naaCom? dg baj:6lf ef tfietrbelvea and Benin btoloeK,'cer$fy flat6tbair statwnMU are WW to thtbest oN tbeir lnowledge and bcHcb
;i t17s:5 694 '
,
tt6k:;:i?tu,'l5irtsA?Glih]:eL'ieonSetai*V01%ediRddlWansaoflonhaveinformedSeiler ofSaller'robSgationsanderThcltaidettiaiiesdBased: `ass
gas. Point Hazard Reduction M4 42 U.S.C. 44932(d), and am swam of their responsibility to ensue com dance
f r
r
a ^; B
,
;
.
a". i BD
ue ? Regarding ffU Mortgages: The undersigned 1.3censaes involved in ids u=actm, on behalf of thanssetves and their bakers,cw* lbet sU.
666 the tarns of ibis convect for purchase aft true to site beat of their knowledge and beW. and that arty other agreement a rimed into by any of of
666. these psrdet in connection wUh this aamacdon is attached to this Agreement. 668
. : ; 661 lkl i ? ?
an R
di
di
ti
M
Th e61
egar
ng
e
a
ons
e undersigned roku fbr Selier 0 Broker for lit*w aFm io sWunlt to coed edon in acootdenm with. • 682
863 pengraph 26 of this Agreement.
' .661 1 .663
" 566 BROKER FOR SELLER 664
us AC BY
DA sea
667
" 688
e
'661 BROKER FOR BUYER (Company N ) 1C L?' t , ?
uo ACCEPTED BY
DA'L'E <i T,,r2s 666
60
676
976
671 A&2K Page 8 of 8 ! 671
BUYER'S COPY I
EXHIBIT "B"
November 30, 2004
RE: 2 Nita Ct.
Mechanicsburg, PA 17050
FINAL INSPECTION LIST
Outside:
- front porch crack-
1"
1" Floor:
Dining room:
• mold on ceiling
Bathroom:
• door does not close properly
• lock does not work --- ( `f" v`l n
• crooked window
Loose banister
2na Floor:
Master bedroom:
• loose floor boards by master bedroom doors and by French doors
• uneven doors - entrance and French doors
• crooked bathroom doors
• mold on ceiling
• loose ceiling light fixture
Master bedroom bathroom:
• loose toilet
• closet door does not shut
• chip in bathroom tub
• window handle not level
• interior walls not insulated
Bedroom on right, facing front of house:
• door does not lock
EXHIBIT "C"
PARK CUSTOM HOMES, INC.
October 19, 2005
Proposal and Contract
Mr. and Mrs. Jim Chon
2 Nita Ct.
Mechanicsburg, PA 17050
Subject: General Repairs
1. Outside porch crack $ 300
a. Saw cut porch every 10 foot and sweep dust
1605 York Haven Road
York Haven, Pennsylvania 17370
Office (717) 938-8900
Fax (717) 932-9465
2. 114 Floor:
a. Mold on ceiling - can not determine cause of mold by visual inspection
b. Bathroom door adjustment - $100
c. Bathroom lock repair - $50
d. Crooked window - interior wall not plumb.
e. Repair loose banisters - $700
3. 2"4 Floor
a. Master bedroom:
i. Repair loose floor boards by master bedroom doors $100
ii. Repair uneven doors French doors $ 200
iii. Crooked bathroom doors $ 200
iv. Mold - can not determine cause of mold.
v. Loose ceiling light fixtures $ 150
b. Master bedroom bathroom:
i. Repair loose toilet $400
ii. Closet door $100
ill. Chip in bathroom tub- warranty of company should repair
iv. Window handle not level - Window Company should repair under warranty.
4. Interior insulation of walls $10,700
a. Cut holes in drywall
b. Blow insulation through-out house.
c. No guaranty a full wall of insulation
d. Patch and paint holes
5. Carpet stretch house $ 2,000
All materials are specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or
deviation from above specifications involving extra costs will be executed only upon written orders, and will bec rreztr?'cFia
over and above the proposal and contract.
Park WW RIMA III.
Acc%_ t? ance of Proggsal and Contract
You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal, for
which I (We) agree to pay the amount mentioned in the proposal according to its terms.
Accepted by Buyer(s) on 2005
CADocuments and SettingsiHP Authorized CustornTesktopiWord LotuslGCVImchon.DOC
MaF 16 07 10,21a
u13 ( IZ) r[OJr lb: 713 /1lbylnaal
FENSTERMACHER&ASSOC.
VERMCATION
p.3
PAGE 12
4 Stung H. Chon, Plaintiff in the above-captioned case, hereby certify and verify that the
facts set forte in the foregoing Complaim are true and correct to the best of ray knowledge,
infoa nation and belief, I understand that any false statetlncm herein are subject to the pcnaltie&
of 19 Pa. C. S. §4904 relating to urLwom Usifxcation to authorities.-.
seung H. 1017
DATE: 14- ef4r- &17
to
Mar 16 07 10:21a FENSTERMACHERUSSOC.
- .J/LV V! ao.av 1110 1D441
VIMFYCATION
p.2
PAGE 13
I, Hyunsook Chon, Plaintiff in. the above-captioned case, hereby certify and verify that
ft facts set forth in the foregoing Complaint are true and correct to the best of my knowledge,
information and belief. I understand that any false statements herein are subject to the penalties
of 18 Pa. C. S. §4904 relating to unworn falsification to authoriitics.
DATE: /(0 _ r _e"Z
Hywrsock C
1l
CERTIFICATE OF SERVICE
AND NOW, on this lj;?lay of March, 2006, I, Matthew Aaron Smith, Esquire, hereby
certify that I have served the foregoing Plaintiff's Complaint, by mailing a true and correct copy by
United States first class mail, addressed as follows:
Mark Sheely
330 North 30'' Street
Camp Hill, PA 17011
FENSTERMACHER AND ASSOCIATES, P.C.
By:
Matthew Aaron Smith
12
r
?ro f,?:l Y 01 ..-7
-V
t _ 7
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
SEUNG H. CHON and
HYUNSOOK CHON,
Plaintiffs
V.
Docket No.: 06-6218 Civil Term
MARK SHEELY and SHEELY, MARK
BUILDER, INC.,
Defendants
: CIVIL ACTION - LAW
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Please reinstate the Complaint against Mark Sheely and Sheely, Mark Builder, Inc., the
above- referenced Defendants. The only defendant who has not been served is as follows:
Sheely, Mark Builder, Inc.
330 North 30`h Street
Camp Hill, Pennsylvania 17011
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES, P.C.
By: wo &a; 6 /=?
o R. Fenstermac er
Supreme Court I.D. #29940
Matthew Aaron Smith
Supreme Court I.D. #94603
5115 East Trindle Road
Mechanicsburg, PA 17050
(717) 691-5400
Attorneys for Plaintiffs
DATED: A `f- +e D7-
Acl.
[ {;
t
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
SEUNG H. CHON and
HYUNSOOK CHON,
Plaintiffs
V.
Docket No.: 06-6218 Civil Term
MARK SHEELY and SHEELY, MARK
BUILDER, INC.,
Defendants
CIVIL ACTION - LAW
PRAECIPE TO ENTER DEFAULT JUDGMENT
AGAINST DEFENDANT MARK SHEELY
TO THE PROTHONOTARY:
Please enter Judgment by Default against Defendant Mark Sheely, in the amount of
$15,000.00 plus treble damages, attorneys fees, costs, interest and punitive damages and all other
relief the Court deems fair and proper.
I certify that written notice required under Pa. R.C.P. 237.1 was served over 10 days ago
upon Defendant. A copy of said Notice is attached and incorporated as Exhibit "A."
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES, P.C.
By: A . 1.?
ohn R. Fensterm Cher
Supreme Court I.D. 429940
Matthew Aaron Smith
Supreme Court I.D. #94603
5115 East Trindle Road
Mechanicsburg, PA 17050
(717) 691-5400
Attorneys for Plaintiffs
DATED: /6. rl , - q
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
SEUNG H. CHON and
HYUNSOOK CHON,
Plaintiffs
V.
MARK SHEELY and SHEELY, MARK
BUILDER, INC.,
Defendants
Docket No.: 06-6218 Civil Term
: CIVIL ACTION - LAW
TO: Mark Sheely
330 North 30th Street
Camp Hill, Pennsylvania 17011
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM
THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET
LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
FENSTERMACHER AND ASSOCIATES, P.C.
By:
$JR. aI r
Supreme Court I.D. #29940
Matthew Aaron Smith
Supreme Court I.D. #94603
5115 East Trindle Road
Mechanicsburg, PA 17050
(717) 691-5400
Attorneys for Plaintiffs
DATE: 03 -dYa7 - OT
CERTIFICATE OF SERVICE
AND NOW, on this 6 J Rfl day of May, 2007, I, Matthew Aaron Smith, Esquire, hereby
certify that I have served the foregoing Notice of Default by mailing a true and correct copy by
United States certified mail, addressed as follows:
Mark Sheely
330 North 30th Street
Camp Hill, Pennsylvania 17011
FENSTERMACHER AND ASSOCIATES, P.C.
By: .
Matthew on
Smith
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Mark Sheely
330 North 30th Street
Camp Hill, PA 17011
x
A. Sig?e
8. Received by (Printed Name)
U Agent
? Addressee
D. Is delivery address different from item 1? 0 Ye!
If YES, enter delivery address below: ? No
Sgmce Type
t Certified Mail ? press Mail
r ? Registered 0 Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number 7001 1940 0006 8634 3976
(Transfer /rom service la!
PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540
CERTIFICATE OF SERVICE
AND NOW, this 16 day of May, 2007, I, Matthew Aaron Smith, Esquire, hereby
certify that I have served the foregoing Praecipe to Enter Default Judgment by mailing a true and
correct copy by United States first class mail, postage prepaid, addressed as follows:
Mark Sheely
330 North 30th Street
Camp Hill, Pennsylvania 17011
FENSTERMACHER AND ASSOCIATES, P.C.
By:
atthew Aaron Smith
:_3 r
_zz
4. ?
SEUNG H. CHON and : IN THE COURT OF COMMON PLEAS
HYUNSOOK CHON, : CUMBERLAND COUNTY
Plaintiffs
V. NO.: 06-6218 Civil Term
MARK SHEELY and SHEELY, MARK
BUILDERS, INC., :
Defendants
STIPULATION TO OPEN DEFAULT JUDGMENT
AND NOW, this day of June 2007, it is hereby stipulated and agreed by
and between the parties to this matter as follows:
1. On March 19, 2007, Plaintiffs filed a Complaint against Defendants in this matter.
2. Upon receipt of the Complaint, Defendant Mark Sheely contacted Plaintiffs' attorney
whereby he was advised to obtain his own legal representation.
3. Defendant Mark Sheely did not file an Answer to the Complaint within twenty days of
service of the Complaint upon him nor upon ten days of service upon him of the required
Ten Day Notice.
4. On May 16, 2007, Plaintiff filed a Praecipe to Enter Default Judgment against Defendant
Mark Sheely for his failure to file an Answer to the Complaint.
5. On May 21, 2007, the Prothonotary entered a default judgment against Defendant Mark
Sheely and sent notice to Defendant Mark Sheely of the entry of default judgment.
6. The parties to this matter, Plaintiffs Seung H. Chon and Hyunsook Chon and Defendants
Mark Sheely and Sheely, Mark Builder, Inc. stipulate, agree and consent that the default
judgment entered against Defendant Mark Sheely be opened and that Defendant Mark
Sheely be permitted to file and Answer entering a defense to the Complaint, in order to
facilitate a possible amicable end to the above-captioned matter.
Respectfully Submitted,
ew Aaro squire
IsFnster
macher r and Associates, P.C.
Supreme Court I.D. No. 94603
5115 East Trindle Road
Mechanicsburg, PA 17050
Counsel for Plaintiffs
H. Pietrz , Esquir
eager & Adler, P.C.
Supreme Court I.D. No. 79538
2331 Market Street
Camp Hill, PA 17011
Counsel for Defendants
CERTIFICATE OF SERVICE
AND NOW, this l lc" day of June, 2007, I hereby verify that I have caused a true and
correct copy of the foregoing document to be placed in the U.S. mail, first-class, postage prepaid
and addressed as follows:
Matthew Aaron Smith
Fenstermacher and Associates, P.C.
The Jonas Rupp House
5115 East Trindle Road
Mechanicsburg, PA 17050
di, 104vt'k4
Jo . Pietrzak, squire
.., ??
___ ?;
???:?
Of
REAGER & ADLER, P.C.
BY: JOHN H. PIETRZAK, ESQUIRE
Attorney I.D. No. 79538
Email: Jpietrzak(a.ReagerAdlerPC.com
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
Attorney for Mark Sheely/Mark Sheely Builder, Inc.
SEUNG H. CHON and
HYUNSOOK CHON,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
V.
MARK SHEELY and SHEELY, MARK
BUILDERS, INC.,
Defendants
No: 06-6218 Civil Term
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of John H. Pietrzak, Esquire, of the law firm of Reager &
Adler, P.C., as attorney for Mark Sheely and Mark Sheely Builders, Inc. in the above-captioned
case.
Respectfully submitted,
REAGER & ADLER, P.C.
Date: June 11, 2007 ? 4 W
John F. Pietrzak, Esquire
Attorney I.D. No. 79538
2331 Market Street
Camp Hill, PA 17011-464
Telephone: (717) 763-1383
Attorney for Defendant
r
ti
CERTIFICATE OF SERVICE
AND NOW, this 1 lch day of June, 2007, I hereby verify that I have caused a true and
correct copy of the foregoing document to be placed in the U.S. mail, first-class, postage prepaid
and addressed as follows:
Matthew Aaron Smith
Fenstermacher and Associates, P.C.
The Jonas Rupp House
5115 East Trindle Road
Mechanicsburg, PA 17050
LL 0 - P, L 'ej 6kl)
F
f"H?Pietrzak, Esquire
N
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-06218 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHON SEUNG H ET AL
VS
SHEELY MARK ET AL
VALERIE WEARY , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
MARK SHEELY BUILDER INC the
DEFENDANT , at 1730:00 HOURS, on the 27th day of April 2007
at 330 NORTH 30TH STREET
CAMP HILL, PA 17011
MARK SHEELY
by handing to
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Postage
So Answers:
18.00
13.44
.00
10.00 R. Thos Kline
.39
41.83 00/00/0000
'Tp1
5 nib
Sworn and Subscibed to
before me this
of
By:
day eputy S eriff
A. D.
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2006-06218 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
5
CHON SEUNG H ET AL
VS
SHEELY MARK ET AL
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
SHEELY, MARK BUILDER INC but was
unable to locate Them in his bailiwick. He therefore returns the
T.TD TT (-) CT TMMn K7C
NOT FOUND , as to
the within named DEFENDANT , SHEELY, MARK BUILDER INC
105 LITTLE RUN ROAD
CAMP HILL, PA 17011
RESIDENT AT 105 LITTLE RUN ROAD NEVER
HEARD OF DEFENDANT.
Sheriff's Costs:
Docketing 18.00
Service 14.40
Not Found 5.00
Surcharge 10.00
Postage 39
So answer
R. Tried s ne
Sheriff of CumbeK and County
03/27/2007
47.79 FENSTERMACHER & ASSOCIATES
Sworn and Subscribed to before
me this day of
A. D.
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
SEUNG H. CHON and
HYUNSOOK CHON,
Plaintiffs
V.
MARK SHEELY and SHEELY, MARK
BUILDER, INC.,
Defendants
: Docket No.: 06-6218 Civil Term
: CIVIL ACTION - LAW
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money claimed in the Complaint or for
any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
TRUE 0C
Test?riony , I hvv unto set my h
Still! v
nt.
P'n, CAj L*
_° Cat PA
fi o?
0! 22t.00
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
SEUNG H. CHON and
HYUNSOOK CHON,
Plaintiffs
V.
MARK SHEELY and SHEELY, MARK
BUILDER, INC.,
Defendants
Docket No.: 06-6218 Civil Term
CIVIL ACTION - LAW
COMPLAINT
AND NOW come Plaintiffs Seung H. Chon and Hyunsook Chon by and through their
attorneys, the Offices of Fenstermacher and Associates, P.C., and file this Complaint, as follows:
1. Plaintiffs Seung H. Chon and Hyunsook Chon, hereinafter the "Chops," are adult
individuals residing at 2 Nita Ct., Mechanicsburg, Pennsylvania 17050.
2. Defendant Mark Sheely, hereinafter "Sheely," is an adult individual residing at 330 North
30th Street, Camp Hill, Pennsylvania, 17011.
3. Defendant Sheely, Mark Builder, Inc., is a Pennsylvania Corporation, entity number
2912399, hereinafter "Sheely, Inc.," with a principal place of business at 105 Little Run
Road, Camp Hill, Pennsylvania 17011.
4. Sheely is the President, Secretary, Treasurer, and sole shareholder of Sheely, Inc.
5. At all times during his business transactions with the Chons, Sheely held out Sheely, Inc., to
be a business named "Mark Sheely Builders," hereinafter "Sheely Builders."
6. The Chons believe and therefore aver that Sheely, Inc., and Sheely Builders are one and the
same entity.
7. On or about September 21, 2003, the Chons, as buyers, and Sheely Builders, as seller,
executed a Real Estate Sales Agreement, hereinafter "Sales Agreement," for the purchase
2
of a home, located at 2 Nita Ct., Mechanicsburg, Pennsylvania 17050, hereinafter the
"Home." A true and correct copy of the Sales Agreement is attached and hereto
incorporated as Exhibit "A."
8. On the Sales Agreement, Sheely Builder is listed as "Seller" however Sheely signed
personally as the seller at the end on the agreement.
9. At the time of closing, a number of problems and/or incomplete work were present with
the Home. A true and correct copy of a "Final Inspection List" is attached and hereto
incorporated as Exhibit "B."
10. Examples of the problems and/or incomplete work that were present at the time of
closing are as follows:
a. Front porch crack;
b. Mold on the dining room ceiling;
c. Crooked windows, nonworking locks and doors in the bathroom;
d. Loose banister;
e. Loose floor bards, uneven doors, crooked bathroom doors, mold on the ceiling,
and a loose ceiling light fixture in the master bedroom;
f. Loose toiled, nonworking closet door, chip in the bathtub, and improperly
insulated interior walls in the master bathroom;
g. Nonworking door lock in a second bedroom; and
h. Improperly installed carpet throughout the house that now needs to be "stretched."
11. Sheely, individually and as an agent of Sheely Builders, personally promised to correct
the problems and/or complete the incomplete work that existed the time if closing.
3
12. The aforementioned problems and/or incomplete work are examples of Defendants' poor
and unworkmanlike performance.
13. Defendants were obligated to cure the known problems and/or incomplete work.
14. Defendants failed and refused, and still refuse, to cure the aforementioned problems and
or complete the work, despite the Chons' repeated demands.
15. Following over a year of attempts to work with Defendants, the Chons hired Park Custom
Homes, Inc, hereinafter "PCH," to prepare an estimate to address all the issues remaining
with the Home.
16. On or about October 19, 2005, PCH presented the Chons with a "Proposal and Contract,"
hereinafter "Proposal," outlining the repairs required to address all issues that remained
from the time the Home was built. A true and correct copy of the Proposal is attached and
hereto incorporated as Exhibit "C."
17. According to PCH's Proposal, outstanding repairs would cost approximately $15,000.00
to complete.
COUNT I
Breach of Contract
18. Paragraphs 1 through 17 are incorporated herein by reference.
19. Defendants failed to perform the services they were obligated to do under the Sales
Agreement, as set forth herein.
20. In particular, Defendants failed to complete the incomplete work and/or fix the problems
that existed and were known at the time of closing.
21. As a result, Defendants work is poor and unworkmanlike.
4
22. The Chons paid Defendants $435,000.00 per the Sales Agreement.
23. Defendants have failed and refused to cure the aforesaid breach, despite the Chons'
repeated demands.
WHEREFORE, Plaintiffs Seung H. Chon and Hyunsook Chon demand judgment against
Defendants Mark Sheely and Sheely, Mark Builder, Inc., in the amount of $15,000.00, plus costs
and all other relief the Court deems fair and proper.
COUNT II
Unfair Trade Practices and Consumer Protection Law 73 P.S. § 201-1 et seq.
24. Paragraphs 1 through 24 are incorporated herein by reference.
25. The Defendants' actions, as more fully set forth herein, constitute an unfair and/or
deceptive act or practice in that the Defendants:
a. represented that their services have characteristics, uses or benefits that they did
not have;
b. represented that their services were of a particular standard, quality or grade;
c. failed to comply with the terms of the agreement given to the Chons;
d. made improvements on real and personal property of the nature and quality
inferior to and below the standard agreed to in writing; and
e. engaged in fraudulent and deceptive conduct which created a likelihood of
confusion or of misunderstanding;
26. The Chons have suffered actual damages as a result of the violation of the Pennsylvania
Unfair Trade Practices and Consumer Protection Law by Sheely.
5
27. The Chons' damages include the cost of repair and renovation of the home.
28. 73 P.S. § 201-9.2 permits a trebling of damages and the recovery of attorney fees
WHEREFORE, Plaintiffs Seung H. Chon and Hyunsook Chon demand judgment against
Defendants Mark Sheely and Sheely, Mark Builder, Inc., in the amount of $15,000.00, plus
treble damages, attorneys fees, costs, interest and punitive damages and all other relief the Court
deems fair and proper.
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES, P.C.
By:
John R. enstermacher
Supreme Court I.D. #29940
Matthew Aaron Smith
Supreme Court I.D. #94603
5115 East Trindle Road
Mechanicsburg, PA 17050
(717) 691-5400
Attorneys for Plaintiffs
DATED: 16 -04r -01
6
EXHIBIT "A"
: :.;.x7:171« TANDAR
This form. end
BROgI+Rompany)
aiFir, t.ADDRESSssi;di:;
T}i E AGE ';60R SI
BROKF4R:kS:. .y ..; t r..'
Brokdr LsNOT:t1ie Agent fo?r?Soner
."4:n:'"u•.4o• ..? z.tt.NS.:yu'-t,C 1,.?,iaj.13VIF.R'
....... ........c'..,.:..:.::. .;.tea.
r, bet nui'muicted to uskby, the McMbert of for 1?r;ourylVet • odedon of 1tltAl.I Vlu! tr......
!iFSS REI:ATIONSW-VVITH PALICENSED BROKER
Designated Agent(s)' for'?elkr; if applicable:-" . '
,y•l. "+ : ;ti ; s:: t? :.'CMN9ACT[ON LICENSER ! :
pas: ' i?-GENT F 61. tT7F$R:' :
... ?---., m..?._:nf:;?f.;„.?J..?.wt•:• .af'ar'. .
''BROKER SL;ompenyt• '.FAX 6" i,
ADDRESS -- s for Bn?yer, if aP . itcab(o ".:.
yc 'pHF, AG FO• B?ryp;1t; I ectgilated qcn '• ,.; ...?.,l:w;. • .
1 .BR(1$ -- ,,, • it .y,, ..'1,(- t, f c .) .i:,. .?i.... .. '.j,.,. "tii '• d h h• t'•,?.r .i. ,, fi'1)'1..
tii,!Gy 4: ?.. , '•'7 T t)1 ?- ?I •'i1? 'C. 'cJ: i.. !'.H, µ ;.,ti ?{?.,?%`•a,y: 9•^F a{.1<;1. f? ;\'tHF{• .'.
::rx:rf ^?tgOR,• ,!ea?t)S1cS,ii,Uiu'4,, G .F:ORSEi.L1r EjTAANSACnQ?+LTC8N6> ','•rn°. ,
,1' •`, Broker IaNOT the Agent fo- Buyer- and is alan:'•f AGENT FOR SELLER, O SUBA.
Wt?cp'thepamlokar.LA?eot[orS iW=d'Agetu?Bnyer,BrokerisaDuilAeent All ofBiokar'altceasiaareileoDnaiAgmb-UNLESS. :.':
for Bayer and Sena •I[ tbe."me Licensee to designated for Seller sad Bayer, the Liceaeee V a Dnid Agatt .
tbere, atr separate Iksigcated Agents
' <'. O Is between ? ..
1 ' 1. ?htS atoreei)lenMt dated EE?y , ? •'r: '
;:2 ..,.., SELLER(S): a• '.
caned "Seileri" sad j.
1 BII WER(S) _ S V + s
s , rolled "Buyer." ?
: 7 ft?+ p 1
a. 2. PROPERTY (1-9g) Seiler hereby agrees W sell and eomey to Bayer, who hereby a it a - K if a: 9
en known as:,.
>y ALLTHAT CERTAINdot or.ptecs of ground with buildings?nd improvements thereon ettcted,N yr ?N . 10
CAI )DT'F,ti C°m4'-r or t r?L?E!L Q2iN[: ii. .
= in In the ?E
iti •- ,, ! to in the Commonwealth of Pannsylvaofa, ZAp G«1e, 12
,r 12 County of 13
18 Identification (e g., Tai ID parcel Lot, Block; Deed Book, Page, Recording Date) 14. .
• 18
x•,.14 -
' %' n. t'.4w! -`16
13 3. TERM (1-02)
i8; (A) Pnm]t!sePrke: DtAiL ^ -`, lr ----- U.S. Dollars 17 .
17
which waif be paid to 3dlet by Bnya• a fofiowsl , • . $ 5000 , 1a
r:. i .. 20
11 1 . Cash 0r check at signing'thia Agreement $
:• `28 , . 2 • Cash tsr'check within days of the execution of this Agreement S 31
' ?. 4. ' Crib, castder's ar certified check: at time of aetnetmtrt TOTAL Mal ' 23' 24.
24 )Deposits paid m atx:otldt of purchase price to be held by Broker for Sella, anises otherwise stated tire: " 23 ;
21. . " (C)' vaitibt approval to be oti or befaa of before if Buyer and Seller agreo ' t7
;M.1111 a j . . 1. 7
2i • (D)• Ser lemetit.to be on , 28'
re.. (Hj Conveyance from Sella will be by fee simpb tied of aped svamntyunlaa othawise stated r 29:
38 ,
29, .
a j . (n. payrnent of upssfer taxes waif be divided equany'between Buyer and Seller unless otberwiso stated limns: „
.31 on 0 dally basis between Buyer and Serer, reimbursing where applicable: taxes
a2 '(o) At time of rots ..pt, the foncil will be adjneted pro-nw . mum fees and homeowner association fees, if 33'
33"' (see lgformation Regarding Tex Profatim i rests; intereit on mortgage assumptions: coodomi
any','viatet gndlor. sewer face; if soy: togedsa, with. any father lienable municipal service. The charges are to'be, pro rated for the period(a) • 34
the date of seffietnent Buyer will pay-for all dayrfollowitig settlement, unless otlsorwa4e stated 3s
covered: Sena will Pay. up to, end iarli--4 34
hem., 37
4.')?IXTURtLS dr PERSONAL PROPERTY (1.00). _ installed in the Property. free 'of lima, lnc .?ding pltsmbing^ 1
98 : (Ay INCLUDED Ida" Tale grid ptsrchate prise are all existing- ltema pernpncntly I
tG garage dear CPro?
^.1s ... Ong: lighting glxmres (including chandeiiedand telling fens). water'veatmant sydema: pool and spa equilmia
olio 5nd tsnpotted trees: anyretnaining -beating and cooking lueleitored on the ' M,
r •: 41 :' and transmitters; television antennae; shrubbery. Pia ge
Property at the time of settkmert5 wall to wall earpedng: window col bardwara _ •1 ¦nd b ?i'cis; n r' aonas; bunt-in
43 appliaacee; and tbe.nrtge%ven anise btberw1. stated. Also ineiudad _ / r?F 7's q e
'I A-0
,I,CF 3
44 172
',,I iii 41
c ( ell f 7 8
41 ?V1C?) L r'
41 " tip
47 4,4&(C) , , # \ . t ?? et
u l th4(i.cLa1L Sc?-+w.li'J_?!f
all Sea ol,: Ill' I ? Ga
DATF.S/PM 13 OF THE FSBENCE (i'OZ) of obb ations of Agreement ere 5
(A) . Tbe• said date for wttleMent and all other dates and times referred to for the performance of any g
57 ¦it to be of the essence of tails Agreement and am binding. .
me.d
or the purpose! of t}de.Agreement numba.of days will be counted from the date-of-execution, by excluding the deg this Agreement wa3 • .1
fis otecuted and iaaluding'tlte last dry of the.time Period: ant of f
34 (C)" The date' of settlement ie: not extended by any other provision of this Agreement and may only be extended by mutual written agleam t
81 the ppniea. • . : : and Sell .An re mad time pedods'are negotiable • t
' pa .... (D) ' Certain t? periods are pre-printed in this Agreement ¦e•a convenience to the Buyer y P to all Partin. : J
and rtiaybe changed by striking out the Pfeilxinted text and inserting ¦ different time period acceptable 30 A13-2K Page 1 of 3 Sella' Iultlah:
as 'Buyar IoWatstiflrT t `
`fw: MII>t.AaaO0I?11O1tof. . ,. ... COPVRiGHI'PSNNSXLVANIAASSQCfATIONQFRYALTORS•01102 r
?'REA' . LTORSo
so AGEiCONT1NGENCY (1 U 62
a•-6, MtD!)f is sM. b NOT cons onmortgagefinancing.
63
5 o . .
•r, +.' This sac is con financlaB as follows: 64
0
' g'3 rG : (A) This sale is tingent upon Buyer obtaining mortgage 69
It 1. Amount of mortgage loan S yws 60
55 2. Knimum Term ?L I'??yip? ,.
3. Type-of mort ga t the Interest rate as may be committed by the mottMe lender. not to 67
66 yl , however, Buyer ogre" to accep .• -, : • w
67 4. Interest rate /? ?• .. ..,, .
exceed a maximum interest rate of ?- ed b the lender as a percentage of the mortgage loan (excluding ; , , e9
66? loan placement and other fee charged by of the mortgage loan. 76
69 5. Discount Points• Inan ongtnatioo, % (0% if not specified)
any mortgage insurance premiums or VA funding fee) not to exceed - Q ei makes available to Buyer the right to guarantee an 71
Te red by Buyer an satisfied.if a mortgage Buyer > 72
71 The interest rase and fee provisions reInInterest Rates specified 11dMin with the percentage fees at or below the amount specified herd"
••73
72 interest rata at or below the Maximum option tion and "'permitted by the Mmigsge leader and appiicable Lws. to contribute financially. %ythout 71
veer Seller A te..right, at;Shcer's sole op
73 . ,:• Bt nbumsamcs4 to-the Buyer: and/or the mortgage louder to musics the above terms avakedas to Bt. written mortgage aPPhcatios Tb
74 : DAYS (10 days f not specified) of the execution of this Agcxtnert, Buyer will make a completed, the Broker fer Wert Ik ,, . 76
H (B) =70 of e responaibb nwrtgoge• leader. The Broker for Buyer, it no, otherwise 71
76.3- ? mortgage. W!_ k with them a lender for a tent tlssistimg la the mostgaga ban prottrste . - :' . ° •., . °' '
Ty aadwri:ed to coti?a>mica R 26µ3 gawntun conurritmentis not received by Seller by Tlx above date. Buyer 7e
copy terminate, this Agr is writing by stodee to Buyer. ..96
79 .
- (C) 1. • Algrtgage commitment date' rsudtmast data until Seller
and SeAeF agree to extend. the artortpge ro o site cor mlimment to Seller.: , sb
a Bu ar will promptly deliver
' 2, Upon recelpt of a mortgage commitment, Y iting after the mortgage enralnitment data if the mortgage commitment. 12 81
3... Seller has the option to terdnata this Ar cement n wr
81
.. .. ,
- a. Za not valid until the data of ,enlerncnt, OR N
5
e2 ': b ,. conditioned upon ties, ask and -M' of any other property, OR " a e dander 084
removed in writing W. mortB. B
83 , :. •: •: r•= ^ that 4 not satisfied sndlor
61 ' within DAYS amt the atottg 0 rommitmmt data In Per' 9110 6 (C) M. ? all :at monies se
C? Cratdog any other 85 ed in 6 (G7 (1) or (3), or the mmtgagelodm is not obtained for settlement, x and/or 57
66 4. If tltie'Agroenmeat is terminated u speoafi pnagnPhf for any prrmiutN for mechmia' lien era
al paid on "resent of purchsaa price will be tenoned to Buyer. Buyer vn'll be nxpofood mine subsidence insurance and/or fire b-- : • u
AND/OR umy ptentimrna for flood hmsntance, at
69 tide search, a fee for Cancellation of same, if any: al fees and charges paid In ad, to the mortgage lands.
coverage, or cancellation f,0. if any, AND/OR any aPPfaes lender'eregniternenta to, Seller •• .c •.0a
copy
68 It die mortgage lender requires repair to site Property. Buyer will, ulon tecdp4 deliver a
whether Seiler will rnake the required repairs:.. st
00 (D) of the mortgage lender's requireatatu notify Buyer .•,..62
91 .. ; . Seller will'-within -DAYS of receipt Z5 of this 93
parsgrsph-
9! at seller's "Pease• Buyer Will the Property and agree to the RELEASE, set forth. w
1. V Seiler choose to make the required repairs. accept
DAYS,• 95
. 94 Agreement. ? within the time glv"d, BsPer will, ?° -5--
&U, to respond bed repairs at Buyers "Pam and with Seller's .90
2. If Seller chooses not to make site required raOM or it Shcar the
66 's choiCS to terminate this Agreement OR make mega within • : If
as notify Seller in writing of HuYer to make the required,repain, gayer may,
67 permisdon, which will not be untratonably wJthheld. If Seller deal- Buyer Peamasion at accWot of P -b- prix will be is
DAYS of idler's denial, terminae this AgramenG is which cue all deposit moues paid 1 09
r- t will be VOID, • - 101
returned prprapdy. to Buyer and Shb Agreames
;?.••i' •.. ••:• , - 101
t00 (? ??
• • 101 NOT APPLICABLE 102
t6t
192 p APMCA33LIL Seller will PRY: toward Boyers cogs as permitted by the mortgage kmdd . 104
1q3, ..;? {:•.;;?..? •F a-? • ..'106.
t0a. ' 10 FRAM. IF APMCABLE
106 of this calmtract, Buyer will not be obligated to rumples the Purchase of the 106
ipg It 1a exPcaslY agreed hat sotwi!laaudisg •"y ° P nor nlhe wise tad. Boyar bin beat given. I aoxor- -',6T
tU7 property &scn'bed em or to iontr any penalty by forfdaue of earnest money oepoai ner, Veteran Adminetntios?. a Direct` 'eta
HUD/f'HA or VA r a wnmen Mom= by the Federal Housing (ihe dollar amount to be t"
1a dance with Lmdc? song forth the %Vniud value of the Property of tot less t $ of with cawtttunstios of the ton- 116
t?9 ..? -Wi i 16 PiM13 stated'1mi this ABreetrork} Buyer will have the privilege and option proceeding matWge the '111
-
tract without regard to the amasrtt of the appraised vahadoa The apPnSs°d valuation is arrived at to determine the maximum condition of tree prop".
. Buyer should 112
. • . ",ice
111 Department of liouutttB and Urban Developmast will insure HUD does not warrant the value nor the .
112 satisfy blawi te6W dW the price and condition of the Property are aeceptabb
Department of Housing and Urban Development and Federal Housing Administration 1H
t1a
any way the action of such Department, makes' Paws' 1111M of lob- 115
114 Warsingr Section 1010 of lids I& U.S.C. in
yams. or both "
115 Transactions. pfovidim ..Who6ver for thD P 116
dishes any sta6emamt, /mowing the same to be false ... shall be final under this side or imprisoned not more this two
117
118 d Bansiai t D) NOTICE TO PURCHASERS: Buyer's A?plgesua"i
US. Department and Ufbaa pot yo ProtecPs tion: tiai (see Notices and Information on Property Condition 71s
117 1a (G) 0 Buyer hat received the HUD Nctix "For arc Get a Home hums inspection area has thought about this before signing this ill
1
116 Irspacti0ns). Buyer understands the imPsrfestx of getting an independent horn 126
120 - Agree-. Data 121
III Buyer9 ink" to thia troo$Wdon each certify that the tome of this contract for purchase are '12?
122 pD Castfleetion We *'undersigned, SOWS) and Buryer(a) pant Y arties in coamxdon with this lm-ac' 123
trdie to the best at au pmowlsdgs and belief, and that any other agreement entered into b any of these p 124
123
121 Hatt is attached to tiffs Agreement. 126
in 7. INSPECTIONS (1-02) ' uabe certifier", impurc•e representatives, surveyors. municipal officials and/or 126 authorized appraisers, 125 (A), Seller agrees to permit lopections. mgage ag"ate". Stier further agrees to permit any other snapections required by 127
127 uyer, may be mWired by the rp lender, If any. Insuring t 128
or provided for in the tern of this Agrectmint. Buyer has the tight m attend all inspections. ved 122
128
129 (B) Boyer resava the right to make a Pre-aenement walk-duargh inspecdon of the Property. Buyer's right m make this inspection is notwaj
? t 190
120 by any otter provision of this Agreemen[ .?,,?.e _ 131
131 (C) Seller will have heating and all utilities (including fuel(s)) y Bu for r to provide yp?~e a copy of any reports to Broker for BaYec m 132
132 (D) All Inspectors, including home inapexots, we a 0 2 eriud by ' 133
133 L PROPERTY INSPECTION CONTINGENCY (1-OR) selection leers 181
131 OOth vial of this Agreerneut nayprovtde for napectiota and/or cahftcatbsa that are not waived or altered by Breyer' Notices ?md 135
iseationa of the Ps°pertl (see Pf°I>em inspection
136 Llf WAPJBD•! Buyer uttdetUM& that Buyer has the option to request sp
WAIVES THIS OPTION mid agrees to the RPi BASE set forth in paragraph 25 of this Agreement. 190
13B Environnsestal Notices). BUYER 137
137 ? ELHC ED Buyer, at Buyer'" expense. may choose to have boll 136
tub - (A) Within - DAYS (15 days if not specified) of the a xecodon of this Agreement, an Nntle and Fltn+tntetetal 131
dons ¦ndldr cur ificaNosa compleed by licamed a otherwise qualified Profasionals.(set Property P°? 114
139 does not apply to the following existing condition and/or items'
11B• Notice). This contingtumcy 14•
Information
141 Home Ins
Regarding 142 (B) Should Buys sect to have a homy inspection Of the Property, as defined e
member in good standinoa national home Inspection "s"uet- if
the a full Horne Inspection law) Buck hams inspection shall be poxf with the eihi-W standards and code 14
as,aclatioa in acccadancs
113 ed by a full member of a national hone inspection t1
.144 ation, or by a person supdxvis
115 of conduct or practice of that aseodados
rS/e(?i f A/S-2K Page 2 of 8 Sella Initials: -- 71
t16 Buyerlnltlale:
147 L? )E Bµyar is-not satsftcd with he ' on of.lhe Property as stated in any wtiuen; repaa, n0 140
6'' (?y ?+ --? , r fhe tarns mple6g, impecdonS'. m paragraph 25 of dria AV-V 4 QR::rl(?9
Us u ?PdOR1.1v d sq?( in the report(s). std agrce.to qw, RELP•AQ,forth ill bareprr+ ed. •,1so
popaty Kntq tag ch case all deposit monica paid on account of pyn ytasapricp y+ :.151
t1 1 A,
S lnWhi
n+r .::oar rs, t.T iltiiPaM i4weulpgbY R*" to - er. :..,
159. 2 •,i. fR°er R fwillbayOID,OR„y,,.., .. orirn tawthfP!°peal end/oremyc{edit
15 ";? • . P.rol°P H wlthS ller rovidingfur,anyrepaina .. Proveman A: ... ,, 163•.
?rabl° `Yrittpn agra`ment k' p Off, it any. 1.64
1¢?. , . ' , 3 n ^s . nYU Pteettl t, ea rney ti4?ecc°p le•` the ga8a lan petcfioo ??pt , ..!mate thiiA tQeotlTl n
159,: (° tfail,BnY seta tltePtoixrtY,o<
tusllX aceepteb .. ,>ro h 8(C) (Option 1) 1 and 2 . t5S
,,. i . •a•: I.n Should effmrta to iyeclt &'%4i
161 the time given for completing fnBpecHam and according to the Provisions in paragraph , ,i.? ,,• • :+„ : :rt raw' : ' 158
t56
with oin wmdqu.at Inspectons:",R'(e :;'' and agree to the RELEASE set forth j.n?,a.'s8?ah?j.Qf this A' '' t 57
196 (3 Option 2, W".pthe time
with t thhelintnmuton stated in ft ?, ). •., 0.
' ? d16 15
ts? 1 .,r d clned'in the repctt(sj is. more than S„ ) 1, .180
c'1 ( ..?, • a(.,
nri,tla COlldi; Ong 1 8 15ed in
t. .t„ k,•1+1 .. 16ta1 t t0 COr ogp
is .:. S the nos +'. coiitaiued sEXCEEDS the amou!ak, Pa
n cep Q
ttitr nr:R :Wlei' cost 1O'eorrset th6 conditions. In the report() .tfi9 + 2•.. 1"r,• •-r .. 'fhe time giVen,fOS
inspectiOa : .
,r+•?vnBuYm syg( 0a??1w the report(s) to Seller within, 8
r.t 162
161, ?jj?r'avlL' wldtin ' 7 DAYS of recavmg the tepott(s), laf°? Buyer iri wnnn of Sellers clroitx to: 152
(1) Make repairs before seniontem so dot the mnaining coat to repair conditions contained in the report(s) is less than or ognal
162 g (C) (Ophoh 2)1 • tW
f the condidotu'contairted in the-report(s) '164
pr,r .'•:.• the amount specified In Ps"•Pih
164 :•: Credit Buyer at settlement for iliadit'f between'theestimated coat o
any., i 165
..:,
and the amount apecif repairing a leader, it
poci eel ied in paragraph a (C) . soceQmbk
151 8 (C) (Option 2) I. This option must ba to the rnmtgeg t e
161„' (3) :'Not'mske.repmrs and not ctedit Buyer at settlement far any costs to repair conditions contained o tlu A
sa will eccapt the ltii
'fled in paragraph (C) ( Pd ) 2•,,r!Ir : • :-.
,:•.' ...: " `''" b r 1'f Seller ehoosaa to make repairs or ctedtt Buyer at settlement ss span 161
155"' : t .,u " " tint/°e to the RELEASE set fortis arts paisgtaph 25 of this Agreement ,
R and not to cicdtt Buyer at serlemen4 or if Seller fails to choose any opflon the time .1
Pro ?Y•' nut n make repairs - vnthtn x.6!
P
171
tse' wit in-5-DAYS: this. '171.72-
, van, Buyer will. with the infonrtation•atated in the report(s) and agree to the RELEASE set forth in paragraph 25 of B
t7e I
171,.'-+-,:.. „(1).:Ptthe Oro
IM r- t' • ' , - Agreeme in•writng by nonce to Seller, in which case all deposit monies paid oil accou
171.i;: '' nt of purchase pricew81 179.
,.: • , : "' :.':171
179,, • ! .:..: ..(2):t. Terminate this qy to Agreement Buyer and this AgrecrientwillIn VOID. : ,• ,... 175'
170e •...r. ? WAIVED. ''?'ATIONIIVSP C'?Pip aattiSedPestControl . 7tt
17..9. WOOD INFEST ON CONIINGEpti (1-02) t that the property be inspected for wood infestation by
Buyer understands drat Buyerhas the option n to reques
Operator. BUYER WAIVPSS THIS OPTION slid agrees to the RELEASE set forth in paragraph 25 of this Agreement 177
178
17f
176 DAYS (IS days if tot specified) d) of the execution of this Agreement, Buyer, Buyer's expense hiss obtain a wdwm "Wood- 175
172 ISO R 100 181... (A) estin inspection ReIfrom a cadfied Pest Control Operator and will deliver it and all supporting fin and .•1
ovide by tat Pea to Sellou The reportis to be made satisfactory to and Incompliance with'applicible haws:
Destroying
t 10
gage gaprvidedor PedeContm and Oforrier.nteeiug Agency ?l ter, if any. The inspection will include all teaiily.visibla atd.•:,112:
,. ?. '.',. t?Be !?R aadlor Pederel Insuring g and ?niai .. ':959
18Z.: r. = • . , +
-• . , . , . .., •, ;.• 18F
accaBieb areas of all strttcttites on tx property. except the following structures, which will nut be'inspected.
• 1a3. ' : ; - and before settlement, to treat for active imfesta- 1es
pense : ; ;::.; •,.:i0i
184
156 (B) pection reveals evidence of active infeatuioti(t) Seller agrees at Seller's ex ,
Tf die arts ...
ems): jp aecordanto with appBfeble laws. !. •
damegaft'om ., , ass the option to 6broirt a writ • +:15r
1e6 , • 'r • a .c; active infestation(s) or previous infestation(s), Buyer, stBuyees expense,
151.•. ..,.; (C1.u?dtaioaP.e??'agls tOtbaprOpertya?used,':1M.
' b ' a aural oontrecfar, IwOa. irtepection service, or Bh1lWrral em8aer that is limited tip atruclu[al dtunaga
150 srdstns and a proposal to repeat do dsrmageuHyer will deliver the slruchrtal damage report apdx o=WVe proposal to::.I s9!
1st;.::.: •.-tertlypOR• X 1? :. x•190:
. ;.: ?.tvood-destroytng crB the on on report
" . : I .
,
Sellq wig 7 ...D¢YS of ddivrrting dn°I Inspecti Sailer will .dvisa Buyer whether S.D. ?l rop lr, at A 191 122;
twWiltrlp PAYS of receiving the•saraenual damage report and OD<reCtiPO pfOPoea1' :. I,r ..::•a 111 • • r„• , (D)' saiiR'0l exP01166 pnd before Beltla ant, any Structural damage from active or p (s). ' +.
192 ..., . revealed by the report, Buyer agraosto accept the Property as repaired and m to the RELEASE.:. 19s-
. -193.:•:l::R.(?,••lf$¢ilad}DOSdtQrapaltBtnlcMsl.d.aPsga :,'r:••elrrie•.•,.••
191 sa forth in paragraph 25 of this ABtmmeot .194-
falls to respond within the time given. Bayer, Within DAYS, 126
195 (F) If Seller chooros not to repair structural damage revealed by the repel or
led 197 will notify Seller in writing of Buyer's choke t0: 196.
without abstemeiit price; and agree m ire REI B/tSB set forth'to Para lag.
1. Accept the Prop-ty with dia-defects revealed by rho inspecton: r E .. . ,,. . 4, '197'
i
in graph 25 of iltia Agramtrn4 em d the mortgage )ender, if any, at Buyer's expense and with Seller's pamislim-which will ' 192.
200 1991 ,; ;.,•. err 2 r c !kPe.ur'reli? Ow obld, 10 to winch ' case Buyer accept' die Property and agrees to the RELEASE ad forth in paragnsph 25. of-! lsq!: tot
riot b,unreesons ly -dpi/ within 5 DAYS of soua!a.da"itamint u.IWB 201,
20J., r•'r+ `•: °D 4If. Sellerdgr!fes Euyer.pamieaion to make.-the emake.-the toaepinaccoun,'Buytcr of pray. purchase, prim will be rehunCd promptly to E1uyer • and 202
209,1. ttis'r„
,,:^ ;:.:,t1 :, •:+t'!? m.wridng. In v+l?i?h,caee all deposit m4. ..: •, -.• ;, .., .:,:: 209
204 greement hill lie VOID, in which case all deposit monies pa, On account of purchase price will be returned promptly to• Buyer and 204
? 3. 'Lianiims. this Agrceuhem4 ::...., „•• ::: • . .; .:.. ... •.: .. ., . , ..,. -,; .: .: x95'
Mao... vow.
FOR`PROPERTffiS'' - 2051
2061 this Agreement will be
LEAD-BASED PAINT HAZARD REDUCTION ACT NOTICE REQUIRED :,.. ? i
256 1a Rlrsm B , , ,r • ... ; 'rt! 2V
20 1978(1.02) B'
zoo NOTAPPLICABLE ,....': .: 209
- ... .., :, .: • .. ... ''-
200 ? APPI dCABI E ryrmt and/or lead based Paint harerda In or about the 2, o
'210 (A) Seller rspr'aents that Seller has no knowledge concerning the presence of lead-based p .. • e , • : • y,,. .... 211'
212;
211 Prope4, ud* ehetked below.
212 and/or lead-based Paint hszsrda,iaor about t)m Pmpgty (Provide tits begin for.
of the presence ? available is 219
is
213' 13 determin Seller bas ing that knowledge lead-based paint ofand/orlad-bahazardssed WaS4 t paint he location(s), the condition of the painted surfaces, and ., ` •r 21x(
of the 'of lead-based paint and/or lead-beaed print hazards.)'
214 don concerning Se11er'B knowledge Pace :,.. ,, •,.• :•. .: • ?.., :.,.; ;:...: ? • ... , ,• .., , ..;,. • n5,
215 about theProperty. l
: 249 (B) 'Record?ePO?: Seller has no reports or records Pertsutmg to lead-based paint and/or read-baud paint haierds• or
h''`'urtles cbecked below: ' ? ?' or lead based pot aliuut'' 211
218 13 Saller has provided'Buyer with ail availablerccords and reports pertaining to lead-based'paint•t . , . and/ Paint 118terda s
219.; •xa••,•:r'...;,•:`the.prOpetiy;'aiat'ilotvments)' , i .: • . ' ?2q,
---------------
2-1.21 -i6 . g yer,a Acknowledgement: Buyer has received the pamphlet Protect Your Family from. Lead in Your Home and has. -mod the Lead Wartnng; ,?
222 Statement contained in this Agreement (sea Bnvimm-W Notions). Buyei has reviewed Seder's disclosure of knolead-based Palm 11100f 222
223 rts'peitairang to kid-based amt and/or lead= "" 222
•r:1:,. •:r •:iW-based. Psint haterrI4 as:ifimnified ihpaiagrapll+lll(A)'end has ieceived the records end tepo ... .. . , r ...t:-..,r. v?::,•. . •'F,i 22(.
221 r.+ r•i-1 _: based paint-haurds identified iu paragr.ph'lll(B). ur'r. a•: .. ... '" Date :
725 Buyer's led that before Buyer is obligated to buy a residential dwelling budtbefore 1978, Buyer 225
Y26 (D) bu - 10. S to TIINSPcopduct aECdale assessment er or Inspection eclInspection Bop es of die Property for the presence of lead-based paint and/or lead-based Paint hazards. 227
DAYS to
2a - 22122" •has • Buyer to conduct a risk assessment or inspection of the Property to ? the presence of 22e
29 r ? leWAIVED. Buyer adiet has the right RELEASE ant forth In PanB1ePh 25 of 229
2 ad-based paint anWd/- or lead-based paint hazards. BUYER WAIVES THIS RIGIiT end agrees to the 230
230 this Agreement. 231
231 13 Ed.BC'i'ED : d 232
of dais paint and/or lead base 232
232 i•. Buyer, st Buyer's expense: chooses to obtain a risk asseurnent-stWor inspect/ On of the DAYS Property doefor bead-based
233 paint hazards The risk assessment and/or inspection will be completed within _1!L
?.( ( A/6•2K Page 3 of 8 Seller Initials' M:SL 234
234 Buyer Instals: _
..... ..... ....... iy.:., ens ,t, /Jt a, ou ncmths nnnLll lidaut,lA1CD tguuo/uuv
ent'811thrOr rm ly (hma0 'L'Jo
f::Y, taloing the risk ease ism a condhbons cited in the report. , ...•:. 237
g35 2 w1aft the firm set Iorth a deliver to Seger a written list of the specific
?+ ?• lrJid*bti5ed Palat 6axardb
231 an with a copy'of lire risk essessment'ahd(orlnspection repast to Bhryet The epretdve Proposal : ,z3a
,., ;.... e•cortdrttons equesied by Buy g s Au>xnit a written corrective proposal five tneasorrs. Seller 239
a projected completion data fee cortec
2sti I' 3: ' -Seller m&Y,'wi?°::?-DAYS of receiving the list and report( ). ly. and
' will ineimdc but not be limited to the now of the remediati ?? ve measures have been satisfactorily ehxrhplete
2,M j 24D'-, d on or before tha:_ 240
on'from!erisk-from! i :•'241
::i W1H provide' c tificeti ,: ,. .. , , • t. , ,. . ..
• . : ,.t...... 7.242
;t: projected oomplaian'aetet'° ' .. DAYS. will: OR 243
4.. Upon receiving the corrective ProPOt84 Buyer, giwithin writing, and agree to the RELEASE set forth in paragraph 25 of this Atpe n4
Property will be returned promptly, : 244
241 A. Accept the cotranve proposal and the
243 meat in writing; in which case all deposit' monies paid on account of purchase price ! h:+: 241
244. V. Terminam'this Agree meet will be VOID.
24e to Buyer and this Agree correcflve Proposal within the time set forth in paragraph to (D)3 of thisAgree •neat, Bmyc4 240
Seller fag to submit a wt tten ' ° I :.::.. 247 .
246 5. Should .. .. , .... :. • . : - , ? .. : •:.• : '' 241
247: r wIthIn _ DAYS, will: •• set forth in pangmph 25 of this Agtctmrnt. OR "' ' .
g; ..'Acoeptthe ftVcrtyin wrWM9'and agree to ore RELEASE u will the returned promptly,; :249
deposit monies paid on account of ptvchas°'Pst
h;.::,.. ;•: ..,,.
2A t . tds Agreement in writing, in which ease all 250
254,1 ,.. •::. , b:..'iTeBuye re be VOID.
1o Buyer and this Agreement will , thin the bate limits specified in this parag-ph ws conatltute a WAIVER of 251
pHoas within 25 olthto Ap-enL i:: r • 2li2
210 dB. s a and agrees to the RELEASE set forth In paragtaP?
251 ti. Buyer's [aYare to ezerdse oshsy
Sind Wier certify the acmwy:of their respective statements, to the but of their knowledge.': 2B
M r 'I A i - ba°this icy-sued Buyer a-001 dw .:
(E) cwua dw. By'aigningthisAgrt:011"04a a t254
214 U. STATUS OF RADON (1-02) concerning thc prey or absence of radon. artless dheciced below. • t cm)'- and wNh 210
255 (A) Seger zep?r asst Seller has no tho Proper was tested on the dens, by the methods (e.g„ chercod cauistW alpha track • ,f.•..' 257
256 ? 1. Seller has d ibK the Property : ;.., :. .
•i,a•. ? :r..`' ;i•.,,.
217 :rt ! dtt:? -•r" ftyc&alts of all testa iridicated below: levels), 211
iYPB RESULTS (picocurieallitaaworfdng 256
OPTPST:" ;
v,r
zoo
!SELLER DOES NOT,WAR- 261
262
25B261,* ,:: `;; : : r WCOPIBS OF ALL'AVAIIABLBT$SP•REPORTSwill be'deliveredtoBuyerwith this Agree!ratt
t`' ::°,; •:r ,RANT
n., •;, , ti •2.,:,, RANT BYfHPR TH8 METHODS OR RESULTS OP TIIe&-tit S- •. an the date(s) and by the med.A ) Indicated blow: 263
292•t n reduction nheasures 264
25s ? 2 ;Belief has Imowlelge that the Property underwent rado :.. ?,1 ., :i :• . • •, - h..
RADON REDUMON MEPHOD 265
2e1 IDA'f8 „t...?: -_yli•' ,. .. 205
185' , :I+:" ,:'{^ ".?', ,.; r,'. .., ?• ,,,. '.; c^... ,,•'. 267
xU? -t'•'•'::.h:: ..,. ;,,.r, ,, . .?.,. ,. ...:
;; • y DygpECf fON CONTINGENCY ."t• ii •tt
•' ' ' cit fa noon by a catifled inspector (eee,Bnkitoth- x56
pt atee: ' (Boy •)g wAADONrv®` B tuoderitetnds thaYBuyt has the option to request that the Property be inspected E set so forth is paragraph 7Sof this Agrt:r-A. :1 '269
- [ BUYER MAIM TMs OPTION and agrees to e Rig8AS38 ta
?1, v • ;'r meow Ndti B Itadoa a °X option to obtain. ft m a certified inspector. a red- Bret or the?MpertYi and wilt-daliver'a COPY. zre
Bmirontnental:Notlces 271 M xt-Buyer? has the
276 ? ::pfd ?repart M'Selle aidrin.:t ` DAYS"(13: drys:it:not specified) of the execution didsAgt°anetN (Sea 272a
the Property and greet to die 27
n2,u: r .. t . r : I Radon)'h': ;"t" " 'rt •• rev e : r• e ' ..` OA2work14levels (4 PlcocudesAiter)..Buyer accepts a i
alethaPreea>cs"oFradon'belua+ .. :, :••: ,•
273' o 1:, • D I Rtheroarttepo 25'dthisAgteemetIV , t . ' ::: ! ' . . -' tDAY3 275
1::a1 . v ': t p1;?ASE set fodh in puaEr9ph of radon at of exceeding 0.02 waxing levels (4 picocrmesArror). Buyer will,-within ?2-
27
4 ' • reveals the preseam 270.
x? ,2'' Iftlnefdtreport ..h rt!r t: h, •' :s••.h••::.;:r;177
276 of receipt of the test results:
l 4r•• tra i:i ..• .. ... , ... OR,• t^d i -., .176 .
?: =Optics •1"it't • • :`i4r a'I vrsitrtg and agree t° the REI.BASE set fm* In paragraph 25'd this Agrees= wO ba returned PromPtiY.to Btryr?hl ,x7f
x76' t'+ra' paxxpttte Projwty-id ?wdiieg;ittwhiehras°alldepodtmoniespaidon'sawrmtdpnrcltaeaPne°' -t? ri•..r.b,:rJv,ti•taM'
?i1?:..:r ttb':'n (lnrnlrwtEtltiD' VOID;OR^ u'tri c: ":, :topesposal' , but not be-limited .' t:0. tonune' otthe•catfied:mini-r-..'al
? • . r t: a; „h.:z lneuld tds'Agceeo?mt to Salle The castecolve prowr11ll include. b I" 's,
% .(I, 4 M+ : Sublrhit'e•wfitmtW a'J 'Z :: r•'::.t:n212
xtl':, tr,7^ . M:-gam may, provisldas far paytoem, Including retests, and•a'projtxaed comP! :°°date fa corrective meas; hate,
"qyx 1 n Seller will: r the Property- and agrees to the. 2y,
20a (1) withiat?S--DAYSalreodvinStheYSbehv°prOp ° tng, in which ease Buyer accepts
,(a) Agree to the rims of the catncdjo proposal ! .; + hp •....,,, t r-t:,-:•• ;,yL2e6
264 -•RPIBASBseribrti<ln'paagmpb25of*&Asraen=POR ;• :.-;,•:it:: :n:;:^.t::r,281
i,n at :," !>f,,n I(bS) to the'termIs d the corrective pmpoaal or if Seller Wit to respond wNhia the time gtY4n:'Bnya will, wifhia; " 26?
rr_,run,(2) naotWSM OR:: ri•::a::•, 2M
!16 •.:..ir•? .:' a •q n , t_? DAYSl dad m '`+ : r RELE xt forth in ParagiaPh?S of this Ag
pwd on account of pumbsias price will be rewmcd''•291
r- •:,tin >tii inimota::I(a)r ,petxpt to MnpertY im4vriting sod agree to the ASEj
'iris Agieanseot 9p writinji'm which esea'all deposit monies .. ••• .;,;•,291
290•",•:;;y,Ih:, :t':(b) Buys•aWMsApuwcntwffbeVOID.`. .. ', :' L :r .. „;:r•':?,tah,r':rx,;292
291.i,-•!n•',•:r.:,!?'i:::.'t'••":•P .; ;;."• ,. - ;. .. .. .. •. .:. .. .., t• ? r;:
. ?;"j;::•.?r.Option2:t.,.,l:sr,i" .,• .• :- t ••
25rifthispgtrxtnett;OR':,•;.. .''
in writing and agrea to the RELEASE set fordi in paragraph
written, itI corrective proposal to Salle: The corrective proposal will include, but not be limited tor, the name of the certified miti- . 204
293 b.S Submit a the
294 bduding retests; and a projected completion date for oarative tneswres• Sella will pay a MAX' • ' 295
b
• .: i
295 Behan compata) provisions for payment
toward the total cat of rernediatiou and retests, which will be completed by setti°mm x96
imum of $ an and reresb•1DCCEEDS the emouat specified in paragraph 11?) (won 2) b, Seller will, within 297
296
29T (1) If the foal cost of r ceipt lab Bu in writing Of Saw, choice to 2M
can Buyer accepts the, Property and agrees to die RELEASE set forth 220
zM _ DAYS d receipt of the cost tion an and retests, di in notify which Buyer
306
(a) ) pay far the total wet of reatediat
296 N p 25 of this Agreemeg4 OR
309 to toward to total coat of remediation and retests only the amount specified in p-Sraph I I(B) (0pdon.2) b. 301
311 (b)• Contribute for the tote! cost of ,e,,,ediatton and retests, a;f Seger tans to choose either_optlon withha the time i 302
nto
3D2 (2) If Seller chooses not to Pay Sells in writing of Buyer's choice to:
313 given, Buyer will. atith_rt?_DAYS. notify' Se ration and retests and the actual l cost thereof, in which case ear
' Pay the ditiettace between Seller's contribution to remed' 25 of this Agee OA $1
all (a) accepts the Property agrees to the RELEASE set forth In paragraph price will be returned pro. . ad
305 Buyer te t party account of purchase Phi
(b) Thrrmnate this Agreemment is which case all deposit monies paid on 36
306
am to Buyer and this Agreement will be VOID. 31
30
300 12 STATUS OF WATER (1-02) served by: 3t
no • (A) Seller tepresents that the Property is • 31
311 ? ?rzt Watt
art pn-site watt 3•
0/
T
312 ? Community Water
a•
eta [I None s
314
?' ON CONTINGENCY BUYER WAIVES a
215 (B) . WATER SERVICE INSPECnthat Buyer has the option to request an inspection of the watt service for rte Property. 3
311 316 13 . W M OPTION Buys and agree and agreas acknowledges
to the RELEASE sec forth in paragraph 25 of this Agreement
OP t
ate DAYS (15 days if not specified) of the execution of this Agreement and at Buya'a expense, to deliver
312 1. Buyer has the option. Within _ a qualified, professional water testing company of the quality andla quantity of the water service. t
320 W Seller a written inspection report by 321 ?y A18.2K Page 4 of 8 Seller Itdtlslin
Seger agree to locate and provide access to um ..r=•? ,- etnBe Pri amens
3t3 ?to restore the property. at Seiler's exp 325
324 a -V inspectiO company. Seiler tJ . sertr>ce does not meat the minimum standards of any. licable govamnental authority and/or 19119 W
3. eais'dlartheA th? mortga a lend er, if any. then Sell er will. within?_ DAYS of receipt oP 326 7n
323 If the report inyuirommnts for quality and/or, quantity set by , .. : . , . ...
satisfy the teq : ' es 318
in 1 i-•; P <' " 'the report; notify Buyer in writing of seller's choice to: ,
the wets service to the mini mum:-Ptalile leveis before settlement, in which ease Buyer accepts the Property an agrees 321
321 p en4 OR s91
Agteein .
324 .. • > a . W thi E set forth in paragraph 25 :-Ptah
' ' ' ",' Bup . er will, within 931
980 a.::' "' ,'' ":" b." Not upgrade the water service. ptable levels, or falls to reapond within the rime gtveu 331
4 . i•,.R Seller chooBes na to upgrade the service to minimum acre
332 DAYS, either the moRgage lendu, if any, and/or any governmental wthoritY, uPBt .,. 9.
e lender. if any, mdlor any Bovgial'audtority, at ' 334
a IAccepttheFo end the watu serv ice and. if required by an- 336
33? ,• rlpetty,
:the. ward acmes before settlement? of within the tithe requiredby,themortgaghheld and agree to the RPJ:EASl3' forth in p
334 + gu er's a use, and with Seller's Permission, which will totbe unineconeblywit DAYS Of 396
in i ' y the water service Buyer may, within 5
a will be 337
3311 {grapti 25, of this.Agreeau B " or saint upgrade st on account of ptircbase'Pn
Ir tit If Seller denies uy 4en°' ad monies p It 336 t in Writing, in Which case all oiepo 33a
s3i, :• t .: ' i'+ -:.I. 'Selw'a decrial, terminate this. eemw
'returned ?tomptly to Buyer e4 d We Agreetneat will be VOID Opurchase p 330
this pgreemen t monks paid on account of purchase rice will be returned promptly
-b.' + itrioinste t in writing in which case all d*6 340
930 pnd this Agtttmad will be VOID. i' 341
to 342
340.
;13S:,g7A413' Qg,galpBuglYyer (1-02) i 943
ie served by:,
941 N)" Seller repceaenr: !het the YropertY ; . ?. 344
343: " b1i 'bk) 949
344 Iadividual On-lot Sewage Disposal System (See Sewage to Notice 1)
Weil (See Sewage Notice 1; see Sewage Nodes 4, if app
345 .. ? l dividual On lot Sewage Disposal System is Proxinuty : + su
al Systaoi, „
yu: i ?I''C;,nrritirdty Sewage Dispos 347
i,,:,1 ' Ibnn acre Peruut Fxemptian (See Sewage Notice 2) 9u
347" , ,t!r•+? ?.p ' ,- o Notice 3)'. • .,: + 349
349:':'" ;. .,,? liofding Tank ( Spwag • .. t • .. .. 358
::+r.•, ?,•i Tione (See Sewage Notice 1) a Notice 5) '
0 r: 1' ?Noiie'AVaileblelPetmit I imitstiona in Effect (See Sewall 351
352
3r!ti , ..! Q loo 353
3s2 (B)')NDTyIDUALON-LOTSEWAG DISPOSAL INSPEGITONCONnINGENCY
Lion to an individual on-lot sewage deposal ins n of the Property. BUYER
( > f'' ? 1 i WAr m.' Buyer eclKir_- e" !hat Buya has the OP request. 394
t the RELEASE set forth in paragaph 25 of this Agreement 355
1' ash ,; : ..•`•• • WAIVPSOP'('ION and to agrees .
" t ! i •7'
566' ? DAYS (15 days if not specified) of the execution of this Agreement, and at Buyer's expense, to 366
fessional inspector of do individual on-lot sewage disposal system. 357
ir, 356 1. Buyer has the opiiort, within n R b a died, pro
967 deliver to Seller a written inspecoo repo Y qual
die inspection company. to locate, provide access to and empty the individual on- 351
358 2. Seller, at Seller's expense, space, if and as required by at Seller's expense poor to teClemenl 359
361 3. If lot the sewage report disposal system- Sella also agrees to'restwe the Property. Selig Win. Within 980
386 reveals defects that do not requim expansion or replacement of the existing sewage disposal system, 361 ,7_ DAYS of r>;ceipt of the report, notify Buys in writing of Seller's choice pr Sal 962 to s61
L Correct the defects before settlement. Including retests. at Seller's expense, in which cam Buyer accepts the Property and agrees
'
363 die RELEASE set forth in paragraph 25 of this Agreement, OR 353
sea
964 li. Not correct the defects. time given, will, within ? _ DAYS, either. 366
$65 .4. V Sella chooses not to correct die defects, or if Seller falls to respond within the
kndas If any, and/or Buany yer authority, cosiest the age
357 a Accept the Property and the system and, It required by t?mortgage if my. and/or any govemmental authority, at Buyer's 397
defects before seClenettt or within the tithe required by mortgage tga ?g° lender ace
387
' she sole -pen- and with Seller's permission, which will not be unreasonably withheld. sad agme. to the RELEASE act forth in pare- within .?_ DAYS of Se]ler's s61
360 graph 25 of this Agreement. If Seller darks Buyer permission to correct the defects, Buyer may,
denial, terminate this Agreement in writhtg& in which case an deposit monies paid on account of purchase price will be returned 371
371 OR 371
371 Promptly to Buyer and this In wri eM'will be VOID, aid on account of purchase price will be tenoned 371
371 b. Tamitute this Agreement In writing, in which ease all deposit modes p s79
373 promptly to Buyerand4Js•Agreement will be VOID. DAYS 374
5. If the report reveals the need to expand or replay die exising individual on-lot sewage disposal system, Seller may, Within ?f_
374 Buyer The corective proposal will Include, but not be limited to, the name of tine 376
submit a corrective proposal to
375 efrcceiptontiempork includin intents: and a projected completion date for corrective measures- Within 378
3T7 376 •5 _ ranediat DAYS of company receivinng g SeIIer Sena's cfocorrective ve ve prope proposal, or B If no corrective proposal Is received within the time eves. Buyer will: 377
371 a. 'Agmm to the terms of the corrective proposal, if any, in writing, in which cam Buyer accepts the Property aid agrees to the RELEASE a7s
sic 25 of this Agreement. OR 371
Aset ccept forth the paragraph
s06 b. AProperty Btepb end the system and, it inquired by the mortgage lender. if any, aaNor any governmental authority, wttecd die Sao
defects before settlement or within the time required by the mortgage lender, if any, and/or any governmental authority, at Buyeea 381
38
• 382 sole expense and with Seller's permission, which will not be uoreesonabky xnthheld, and apes to the RELEASE set.forth in pen- 3e1
363 graph 25 of this Agmanan. If Sella denies Buyer permission to correct the defects. Buyer may, wwithin 5 DAYS of Seller's 983
384 denial.- terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned 384
385 Promptly to Buyer and M Agreement will be VOID, OR 385
gee MandDats this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly ' 318 387 to Buyer and this Agreement will be VOID. Sae
a
sec 14. NOTICES, ASBESShM1TS & CERTMCATES OF OCCUPANCY (1-02) 3117
381 (A) Seller represents, as of Seller's execution of this Agreement that no public improvement, condominium orbouneowna association assessments 919
ago have beef made against the Property which remain unpaid. and that no notice by any government or public authority has been saved upon see
Set Seller or anyone on Sallee& behalf, including notices relating to violations of zoning, housiag, building, safety or fire ordinances which remain 391
392 ' uncorrected, and that Seller knows of no condition that would constitute violation of my such ordinances which remains mcorected, unless 3392
92
399 otherwise specified ham: 314
994
-
a5 (B) Seller (mows of no other potential notices (including violations) and assessments except as follow[: 991
'3ae
(L) In the avert airy nodcea (including violatioaa) and 996 is ere received affix execution of this Agreement sod before settlement. Sella win 397
397 essasernen 320
396 -notify Buyer In writing, within 5_ DAYS of receiving the notice at saseestocur that Seller will:
39,
192 1. Comply with notices and assessments at Seller's expense, in which case Buyer accepts the Property and agrees to" RELEASE tit fork 481
408 in paugrsPh 25 of this Agreement OR 401
401 2. Not comply With notices and assessments at Sena's expense 402 3: If Sella choose ; not to comply with notices and assessments, or falls within the time given to ro Buyer if Seller Will comply, uBuyer 401
4et
403 will notify Sella within . 5 DAYS in writing drat Buyer will either. to the RELEASE set forth in paragraph 25 of this Agreemxnt. OR 40+
404 a. Comply with notices and us"Meara at Buyer's expense and agree B 46t
486 1 b. Terminate title Agmement, in which can all deposit monies paid on aceouat of lie price will be returned promptly to Buyer
406 t and this Agreement will be VOID. 40
407 VBuyer falls to notify Saar within the time given, Buyer accepts the property and agrees to the REL;EAM set forth in pars. 40
498. graph 25 of this AgreancoL '
402 (D) Buyer is advised that ss to a public mad may requite issuance of a highway Occupancy permit from the Department of rtsnon 4s
A!S•2K Page 5 of B Seller Initials: _ 41
410 Buyer Inlttala:
itt (E) , rf req?i:edby taco, wittun _ or me CA0.uuv,. . _ _ - -- ••u'??... ._.--- W uu I/ uuto
pal oc ntt disclosing n any unwu... . 413
n ` « department
.412 rl, ' A certifiCafion from AND/OR
qia ing bujltjlhtg. 3day or fire rovements are required for the issuance of the Certificate, Seller 414
2. A certificate Pecneuing occupancy of the Propsrty.I the event repairerernP Buyer of the uirementa and whether Seller will make the 415
air .415 will, within -5 _ DAYS of Seller's receipt of the requirements, notify ie9 418
. 419 requued repairsfimprovements it Seller's expense. the property as repaired and egress to the RELEASE set 4x7
417 If Seller chooses to make the required repairartmproventents, Buyer Agrees to accept ired DAYS, 418
418 forth in paragraph 25 of this Agreement. if Seller chooses not to make the requ topaicsrimPrmetnenta Buyer will. widen ? _
418' notify Seller in writing of Buyer's choice to tamittate this Agreement OR make the repgi191imPmvements at Buyer's s expense and withSella'd 420
43 permission, whicifwin not be unreasonably withheld. If Seller denki Buyer permission to make the required repairs or R Seller tells to teapoe
the time given, Buyer may, within 5 - DAYS, terminate this Agreement in writing, in which case all deposit monies paid 'en account 421
421 within 422
. promptly to Buyer and this Agreement will be VOID.
422 of purchase price will be returned pro 423
428 15. TMZ, SURVXYS & COSTS (1-02) 424
424 (A) ' Thq property is to be conveyed free and clear of all liw%.ocumbrencM and easements, EXCEPTING HOWEVER the following: existing
`42A. - deed restrictions, historic preservation restrictions or ordinances, building restrictions. ordinances, easements of roads, easements visible upon 428 .421
'421 . the ground, easements of record. privileges or rights of public service companies, if any; otherwise the fide to the above described real estate 427
will be good and marketable and such as will be limited by a reputable Tide Insurance Company at the regular rates.
u7' TWO scamp, rite ineatamce andlor mechanics lien insurance, or fee for cancellation of same. if any. 428
441 (B)'. Buyer will pay for the following: (1) fee for cancellation of soma if any; (3) Appraisal 428
428 • (2) Flood Insurance, NB 6 with attended coverage. mine subsidence mqut8i1C0. or 438 t costs and accruals. ' 435
fee and charges paid in advance to mortgage lender, if any: (4) Buyer's customary saulemen lien of an adequate 431
431 (C) Any s surveys which maybe requited by d for by Seller Any survey or surveys desired by Buyer of 432
i 32 legal dteal icriptitidn of ,the property ( a< the correction the Tide Insurance Company or the abstracting attorney for the prepar°
orrecredon thereof) will be secured and psi 433
q33 required by the mortgage lender will be secured acid paid for by Buyer.
434 (D) In the event Sella is unable to give a good and marketable tide and such as will 1:10 insured by a reputable Title Company at the regular rates, as 434
436- specified in paragraph I S(A), Buyer will have the option of- (1) raking such title as Seller can give with no change to the purchase price; or (2) being 435
438 repaid all monies paid, by Buyer to Seiler on account of purchase price and being reimbursed by Seller for any costs inenrted by Buyer for any impeo- 437 bona or certifications o" according to the tame of the Agteuneru4 and for those items specified in paragraph 15(B) items (1), (2), (3) and in 437
% 438 Paragraph 15(C), In which case there will be no further Babiliry a obligation on either of the patties hereto and this Agreement will become VOID. 44M139
438 •16 ZONING CLASSIF2CAITON (1-02) t in cases where the property (and each parcel thereof, if °ubdividable) is zoped 449
441 • Failure of this Agreement to contain the zoning classification (except
441' solely drp6merily to permit single-family dwellings) will tender this Agreement voidable at the option of the Buyer and, if voided, any deposits 441
I :.
I. 442 tendered by the Buyer will be returned to the Bnyawithout any requirement for court action. 442 444 448
2 osdng ClnsailleaUon: rF S r i V.J7rcRL . 444: ? an
. ELECTED. Within. DAYS of the execudo on of this Agreement Buyer will verity that the existing use' of the Property as 444
within We time 446
' is permitted In the event the use is not perimtted. Buyer will,
446 use of the Property is not permitted and this Agreement will be VOID, in which 446
price will be returned promptly to BuYer. Buye'8 failure to respond within the time 447
417" caw -&U deposit monies dOooiea pair notify Sonellaaccounaccount wt il of writing that th purchase the
• 4".
a47
448 -given will constitute a WAIVER of this contingency and all other terms of.this Agreement remafa ha frill force and effect4W
448 17. COIL NOTICE
450
456. ' Ir NOTAPMCABLE' '?
451 ? APPLICABLE OR lt?sta?BrttB METOTNECOAL ANDRIGMorsuppoitMMlll4LVMT RRWACBtw?ro 451
452• TM DOW GNT MAY NOT SELL, ODPtw81.'IAAN?t, )NCI?JDK .
40 D OR ROW" TO 1RatIi44, AND ME OWM OR OWNPJl6 OF SUCH COAL MAY HAVE THE omaatsta LW& MW 7D'REMM ALL KXH COAL AND. 453
Of THE IAPD AND ANY 1101138, I4[Im.DII4G OR 077®l S7RlaCltlRB ON OR ni It17tSt1Jt11D. ('This
.454 w 11LtT4pt648C17t7N, DAMA08 MAY ROW To UM suarA? "Buyer acknowledges that he may not be obtaining the 466
mi notice ls set forib in des mamma provided in section 1 of the Act of July 17,1957,•P.L 984.) .
45t tWd of pmtecdon against subsidence resulting from coal mining operations, and that the property dacdbed herein may he protected from damage
to made for the purpose 197
457 tine to mine subsidence by a private contract 1Dith the owners of the economic interests in the coal. This ? • 451
"`461 of complying with the provisions of Section 14 of ale Bituminous Mine Subsidencs and the Land Conservation Act of April 27.1966." Buyer agree
468
468 to sign the deed from Seller which deed will contain the aforesaid provision. 459
46a IL POSSESSION (1.02) 460
461 (A). posseasroe is to be delivered by d4rd.lays and: 462
to vacant Property fix of debds, with ail mucaaresitoom-clean, at day and time of settlement. AND/OR
462 ' 1. • APhysi ssign l ent of existing ]ease(s), is end lnterest. at time of settlement. if Property Is leased 'at the 4s3
this Agreement or unless u6 odnettv odr withlse any specifsecurity ied fied heroin. deposits
Buyer will acknowledge existing existing lease(s) by initialing said lease(s) at 464
464 2. execudon o> oi o ton of
.. 466
qqq execution
466 time of execution of this Agt'etumcaL if m additional leases for the Property without the written 1°°
466 (B) Seiler will not eruct Into any now leases, written extension of existing lases, Y. or 467
467 consent of Buyer. rd 46!
400 19. RECORDING (3-86) This Agrearent will not be recorded in the Offce.for the Recording of Deeds or in any otter office or place of public record 4su
469 and if Buyer causes or permits this Agreement to be retarded, Sella may elect to treat such act as a breach of dds Agreement. .
471 20. ASSIGNMENT (3-85) This Agreement will be binding upon the parmes, their respective heirs, personal representatives, guardians and t.uccasom 471
.471 and to the exteat assignable, on the assigns of the pinks hereto, it being expressly understood, however, that Buyer will not transfer or resign this 47471
2
472 . - Agreement without the written consent of Seiler. 473
.' 478 2L DEPOSIT & RECOVERY FUND (1-02)
474 (A) Deposits paid by Buys within -10. DAYS of seakment will be by cash, cashier's of cerdffed check. Deposits, regardless of the farm of 414
476. payment and the pawn designated as payee. will be paid in U.S. Dollar to Broker or party identified in paragraph 3(B): who will stein the, 471
A76 in an escrow account until consummation or termination of this Agreement in conformity with all applicable laws and regulations. Any uncmbed 471
477 check tendered as deposit monies may be held pending the acceptance of this offer.
478 (B) Upon termination of this Agreanenk the Broker holding the deposit monks will release the deposit monies in acootdance with the tams of a 41
478 fully executed written agrxntmt between Buyer and Seller.
499 (C). In the event of a dispute over eiddemont to deposit monies, a broker holding the deposit monies is required by the Rules 40 Regulations of 41
A$1 the State Real.Estats Commission (49 Pa. Code 43S327) to retain the monks in escrow until the dispute is resolved. In the event of litigation 41
412 ' for the reh m of deposit monea, a broker will distribute the monies as directed by a final otder.of taut or the written Agreement of the parties, 4t
483 Buyer anal, Sella agree that. In the event any broker or affiliated licensee Is joined in litigation for &a return of deposit monies, the attorneys' 41
484 •foo and coats of the broker(s) and licensee(s) will be paid by the parry joining them. u
4a5 (D) • A Real Estate Recovery Fund'exists to reimbiaae say persons who have obtained a final civil judgment against a Pennsylvania real emote 4
416 licensee owing to fraud. misrepresentation, or deceit in a real estate transaction and who have been unable to collect the judgtdent after exhaust 4
497 ing all legal and equitable remedies. For complete details about the Fund, call (717) 783-3658, or (800) 822.2113 (within Pennsylvania) and 4
498 (717) 783-4854 (outside Pennsylvania). 4
.491 22. C0JiD0M)NIIJM7PLANKED COMMUNITY (HOMEOWNER ASSOCIATION) RESALE NOTICE (1-02) 4
496 Er NOT APPLICABI.•E
411 ? APPLICABLE: CONiDOMINI M. Buyer acknowledges that the Property is a unit of a condominium that is p/imarily run by a unit owners' i
492 association. 43407 of the Unifutm Co doninium Act of Pennsylvania squires Seller to famish Buyer with a Certificate of Resale and copies ,
.493 of the condominium declaration (other than plats end plans), the bylaws, and the rules std regulations of the association lamed . Of 484 - ? APPLICABLE: PLANNED COMMUNTTY (HOMEOWNER ASSOCIATION). Buyer acknowledges that *4 Property is part a planned
486 ==unity as ref tied by the Uniform Planted Community Act (Sea Definition of Planed Community Notice). 554W(s) of the Act requires
Seller to furnish Buyer with a copy of the Declaration (other dun plats and plans), the'bylawa, die roles and regulations of the don. and
490
497 a Certifl'eate co ing the provisions set forth in 15407(1) of the Act
499 1uyerIniibdst r ? A/8-2K Pages 6 of 8 Seller Initials:
v v o
yr n.:.• -- ration for a Certificate of Resale and, the uorr? w
G wYPLtF? TO PR PF1t W THAT ARE PAKr +.t
499 ' - "M Fo LWW? f this Agreement, Seller.will submit a teat to the
1 IN to (ArW& J5 DAYS of the exec aasocpa required to provide these documents withini 601
..: :: sae
'he
to crsabta Sever reply with the Act The Act provides that
661,:: t .:+ .?.illlnentttnoceasary y :..
Sox; • .. .a.'10 days ofSeller's rigmt:.. the association: Under the Act, Seller is not liable'to Buyer for the failure or •, 662
Seller wili promptly:denver to Buya:alldocumenis received from is Seller liable to Btryer'for any erroneous information provided by;; 504 '
5W : r.• (B)' vide the Cerdficata in atimely reamer; nor :•• :,• . , ,. ... ••... ; ,666
J1 delay o.Mbe association to pro . - ,.. • . . `?? ' . • .. . . • .
.
BOB- ' ..•,v:%rr,the usoeiation. andlinduded in the Ceztficat a' '':' t of die asgoclatiom documents and for 5 days thereafter, OR anti! 606
601 (C) Buyer may declare this Agreement VOID at any time before this As racer tit void moat be-1u writing; thereafter all deposit monies will be 507
fast Buyers notice declaring g1eEme ... ; • •z t: ,,A i.:);•; 69e
eeniement, whichever occurs
507
?" Seller will reimburse + 599
- 1 ; . • • tit, t:. >: i : i • :, -1 rigb
so returned to Buyer. ; .'• • t bu right of fiat refusal), and the association exercises that 4 ud/a:.. 61e
660,;x;•. qD)oln'the, eveot•tltazasocisdonhistherigh to Y the PmPertY( Bu fa (1) 11Aeaearch ti tleinsurence
519 Buyer far Pn monies paid by Buyer on account of purchase Price andfot any oamn aBu ?? with extended coverage, mine sub fire
612 rmectlYnitx lien huarrence, or fee for cancellation of'same: if ahy;i (2)'Floodinsurance m advance to mortgendoner, ra e, 61P
671' :; sidence insurance, or fee for cancellation of same, if any: (3) Appraisal fees and charges paid ' s l 1 . .:.::. ....:::: ' 512
.. •:: •.,:r::-.,!:. •. •• :,• .+••
515x,23.'! MAIN'ITNANCZ-& RISK OF LOSS-(11-M4 :.,o ificell scheduled herein is its present condition.: Horm el 674
6x1 (A) Sella will maintain die property. grounds, fixtures. and any personal property epee Y ) 1.., heel.:.,,; 515
hie? (B) in the event any system or appliance and included In tie sale of the Property fails and Seller does not repair or rep 517
g notify Buyer wrl6 of Seller's choice to: , : and agrees '''es to 519
611 1. Repair or r laegtxi felled slcho a appliance before settlement or credo Buyer a Wit' Buyer the pmpatytlm felled syr s1
tam or appliance (this option must be axeptable to the motgage.leoder,:if any). 521
Big 621 St 2. ` Not repair SB set forth in paragraph 23 of this Ag amen[, OR stem a 5x1
520 ot repair or replace appliance. and not acdit Buyer at senlaneat for the fair'market value of the failed sy
. th..fsted ittyetem or IESelgx does,natrePai', replace of offer a aediCfa the failed system or appnana. or it Sdkr fails to aati[yBaYer..of Seler's.:-.:,'6x2
.622
6z2 , ' s appliadcw within 5, . DAYS o before gettlement, whicheveris sooner, [bat Buyer will: -
'
5x2 ? •! .: •:• •!a• ? P, zeholce; Buyer will notify,:Sell.r pnwritirig 23 of this Agreemena, O&, ? . - . +'• ',•• : : ': ? t .: -•;,, ; :024
end' agree to the REI:EAS$'ser forth
+L c in paragraph will be [eutrned promptly to Buyers :.626
621: 'i i!,s +
l e • - I • I at,•r rram tl'esnrhittaw the Pn this•opertYAgredmear in•whichcase all deposit monies paid on account of purchase price 21
sP4u,' °is •o,.?, ??;: :' , .. •.. ,; . , , ,?. r•, ..:. .... ,I:•
;. 526:?:?•.•.?;:rit,'m•i+:t?,.: andthis'AgeementWiBbeVOID:::i.i i '.' ;..• •• '? b flre0rathUCaa98ltosW.any.pro]t*"'627
527 (C) Seiler will bear risk of ton from fire or other casualties until time of settament in the event of damage y rescinding this Agreement and 521
or replaced prier to settlement, Buyer will have the option of
528 arty iptll received this bale (het is not n acarA or of accepting the Property in its then condition together with the proceeds 529
i.. tl' i1CCarm[ Of purchase price as of 690
536 626' . ., promptly promptly earving ell.moniea:paid' Solla.'Bu er is hereby notified that Buyer may insure Buyer's equitable interest in this Property .
fBury insurance recovery obtainable by y :;., , it (I.: r S11
631,,oe .. •n, a the:time of execution of this Agreement! -1 : I- . • .: ; , .: ,r , . : :,iu1: •,, r 1; 582
592w 24.c WARM- Oy..COt?cENonS,(1.02)::: ; ..: B„ l, nB.re w.erar?aa'aux err swer'1 options within ' 54 to inapectandlor. repair :5$4 trlf.e fte limits g ?ig inBmr at ream•a t will constitute a WAIVER of thatmatingenq and Buyer accepts the Property "agrees to the J'5514
25 of nib 635
595 REMASE get orth in paragraph Agrceaurht ti:n: r.', :.. r I.,:•ei :.t.:.•::.. .r ,,1, :•:. t .?
Ii ?•, ; j• rr. 01M. 697
621 25. RELEASE (1-02) • .LER; ALL BROKERS, 9hdr LICENSEES, );sgLOy$BS, Bud any
W7 Buyer hereby releases, quit rleiats and forever dlsrlta gEI PE or CORPORATION wbo may be•blable by;or.gtrangh three, from 198
as there- 699
692 one of tbEm iud agyotber PERSON, FIRld; damage.nnd '. I 9 ?
532 n and any inchislin&butnotlbnitedto,panullitludes andPTap01h 590
S4 any anti ali.cnow l last n or demands, presesice of termites-or other. wood-Loring hueets, ra8on,•kad-llssad pant haze
611 oV, whether now known or not, widarise teem the wage dispersal system or deficiencies In the m4te.won Bee" cyst-,- 54e
y51 .....r de, tavlm>owanta7 haaarde, my detects I n ' thah4tir rise terms of.t is A tt,,tl k rdea!e dare not deprive. 542
agbnitige Ettipartl•'",Shetld Bever be•tu default ender'
6W 'r b4ry Boyer deltic rw to per remedies that maybe avabbie under law or eghdty?tl7tfaarJeaw•wglem vlv0a m0e? rltra,l' , . 649
Us
612n
.544
• •?o[azglghftoPtttwhe°ny ? • . , : 1 .,•,,::.:;••.. rlinul•tt,7a>nT
644 26. REPRII'ATIONS (1-o2) > pairhg:adverti9hhgx. opal atur;tla., brodh>oma P?f oe airy bna maa?xY• saucer:rokaw, ws
. us : • (A) Buyer un mma, e erstands onny officers, are not a pert of thisAgreen)ent unless expressly incorporatederr stated in'" SAgreement. WW,..B leis 540
W-
? rush r unease ood y conlshra Uuawhols•agteemeht hatwan Sew' and Buyer: and •there,are.no -other terms, obligations
this
547 :.further rsdaetod that thls Agteerhent of kind whataoevyr concerning tns.'saloaPuztbaahor4 541
641. ?ac:t txr?rtxuveahsrta; r?mseob?ona,:°b'anconditlahs.'.btaL?ot'etltu!s'ne` mY the 49
Agreement will not be sltered'bra mr!14 changed, or moditled except in writing executed ? t3txturea and nypeirgarah7 Property 6542 '
541 that Buyerbesinspected the Property'before Mplag•?Aw'eeraant In its pmay-p rwoual property 551
66569S. (B) u is tti ally scheduled to do art, and has agreed to purchase the Property ? on rnaded,, 551
ther tse- ?doled harem), u has .rt..a the e right aiskagea tiut.sruka4 th.l=ak? ??"?'otIleera or partite.
stir[, tcb67
?rlrcr+ +;niiruotlhervr9ha'smtadta;thSg'AtRa°kaay.r.aelilen yppadnl66"?tLtPro?e?LY:th!'agrOraondidonofWta•eomapoaenbr
etions, the p dD t t d use assatbn of the / dons exietmB in the locale whet! the Property is sihraled', nor have they made a 654
659 .z1r St lnr +e>YtndepHtdeat 565
664 soomeufai eondltkm the permitted , or Mnd3tiaN existing
contained tlhlrpttti £(' '•`' • '' 661
555 mechaulc l inspection of any of the gY contained
(C) Any repairs respired by this Agreement will be completed in a workmanlike marina. , , t l t ! :•..a;, 557
667; It, , re(p) c:Broker(s) ahaY•Pe[fomr services to assisfumvpmented parties imcomplying with the terms of this Agreement r .. t . : ,666
captions, and line numbers in this Agreement are meant only to make it easier to find the paragmpbs.• -a- ' 561
561 560 (R) (A) Tae Seller has the headirngs, she
569 27. DEFAULT (as do option of retaining all sums paid by Bayer, indudin; the deposit monies, should Buyer. See
561 1. Fail s make any additional pn a as specified in paragraph 3: OR mortgage lender, if any, concerning Buyer's legal or finencid gtatua, su
Sea562 ' 2 F or, amish false e information on to Seller, ge la a on the o, which acts would result in the failure to obtain the approval of a 562
Earl to cooperate in s the processing of the mortgage loan n application, 661
664 mortgage loan commitment, OR 564
55(
565 3. Violate or fail to fulfill and perform any other terms or conditions of this Agreement.
no (B) Unless otherwise checked is paragraph 27 (C), Seller may elect to retain those sums paid by Buyer. including deposit rrwnus, In one of the 551
Bel
567 following-manners: .
566 1. On account of purchase price; OR 50
me 2. As monies to be applied to Seller's damages; OR 67
576 3. liquidated damages for such breach. dated doges. H
571, (C) Er J Seller is limited to retaining cams paid by Bayer, including deposit monies, as liquidated 27 (B) or (C), Buyer and Shca 57
572 (D) If Sella totems all sums paid by Buyer, including deposit moues, as liquidated demases pursuant to paragraph
67' 17
will be released from further liability or obligatia? and this Agreement will be VOID. 61
574. 2L lyl ML&-TION (7-96)-
• Bnd Seller understand that they may choose to m.diete'st a liter date should a dispute arise but that them will be no ohli- 6
575 NOT ED. Buyer and a
570 1CI NOT AV F.
on on the part of any party to do so. 6
> Rules 6
57B
679 (A) Bayer and Seller will try to resolve any dispute or claim that may arise from this Agmameat [trough reached through mmediation. in a mediators gccordttrha with with the
ice and 5
no and Prae.dra'es of the Home SelkWHome Sayers Dispute Reaolutlod System. Any agreement t
511 signed by the parties win be binding-
561 (B) Bayer and Sella acknowledge that they have received, read, and understand the Rules and Procedures of the Home Selkas/Horre Buyers 1
Sea Dispute Resolution System (sea Mediation Nora). 1
591 (C) INS agreement to juer irate disputes arising from dhls Agreement will survive settlement ^ n
1 Y 1
585 / Sager Initials:
sus Amer lnitlain . L r ( A/S-2K Page 7 of g
29. SPECIALCLAUSFS(1-02) Sae
897 ,o owing an .pad of tbie tf checked: ?/ ,... ! Addendum Ma Form SOP) . V 689
5d1 ' (A1.. fd; Settlomenrt Of Pd- Pmpe ts!'BeACY s°e
S.U dC settlement of
Sag
691
contingency Addendum (PAR Form SSPj :: p .T?e })<pU,Q J )ad Pm,??''?/y /tdden&MM6 (P -0 a yl'•?f
iiDO . _!" W T"?pV '''I'• '.(fir 3'jrii(/d
,6Di'ril•:unarlri?•vSale'BBSettleiant•bfOthetproperty Conti ngancy' 592
892rI'•?""•!' .'.• withtRlght•WCondntieMerhedngAddendum..?,, :p 503
597 (PAR PormSSP-ChO ? 594
?) .. ,:: .•:'.:•... ; y.:.::ri;ir•: 695
591 ' ' • . ,...?,: .1 .- .,,, t:r!:,'.1:: .. .:, t .; ; `
!rl i h'i:;:{ i,l 1 .:..:•,;: .. I ;.. 1. :1,: 1?/'! 598
54, y?( /' (•.•?,?, ' ' •„•:. 1 1° T t2 C pI??/a!!C/, '.:..?CG?. 1. ', .. 1 • : : `!: 697
59e i,tJ!4'. ?3?i1;1t.,?s ..4P??
. , ?,. .L•,.•rl:•e'SBI
597. ,.
698 r, 50
898
Sal, :;,• :1: I . ,..,... , . ,
800 ...!..,. - .. , •.: i : ! 601
6a11: •r„r ... , : ,.. ,-•, ...1 ;; , . , , . . , ,. .., ., :?. 602
recdvTng a copy of thb Agreement at the tbae'of 40*k ' 601
003. Buyer land Suer admowledge
I)7511GREEL M IS A BINDING CONTRACT. Return by ficstmtte h'anembdoa (FA)gof d" 506
butt
*VBZN SLGNED,T A to tbb Mmadion are Mii"' 556
Seat 5951tPNA t;'indalladdmdirbeulo[tiKal?tatunedaBputJesi' t?tu ac tanceottbie Pestle n' ,•. ;: •r:a DO
WTI, wcdmult iia'sdwrtm"b eMere sipirig iftbey *dedre legd advlbe 1. I I:. e61
609
661 the State Real Estate Connnisdon at 49 Pa. Code 635336.
002 ? By. has solved the C--- Notice r adopted .by +: ",' • !?`?'.! 6tD
810r' `? B?erhairiedr o9tibeutent Buyer'td9dr6ate,.t llidomaa
& tbtaset forth inthis Agrrm+ent r.• .•.••::- t• 67t
611_ ' ? Buyer has read.atid auderetande the oodees and eitplaoatory Bred by law (W Intormatlon Regarding 612'
e12 El Buyer has received a Seller's proper tyDbclostue Statement before signing tbb A n9: .. ,.• , .. , . , . • ;; . 1„N),r{. V 613
a1$"0'.: t! 'the"FehtiSeMe Dbdt ini L'ewN .• t money)before signing tbfi) 614
614 ' 13 Buyer bat'radved the Deposit Menep Notice (for cooperative sdes when Bruit r Seller V holding deposl 115
1..: •. .,.,:r .,,.;•:::i,..•,:Ir;i 916
516 ; .
? ,? •'.,n .,., n .,,, -:I 6
St6 .,'Ar•.g.t!euem••a.:n ,ir),::,•,:rl,.gv•!.p, ...I: ' „1}0v0, .. i GeG :, I(//r?t .
tT
617''"BURER'SMAII.t4GADDRESS: 611
eta 512 '
81D BUYER'S CONTACT NUMBER(S)?."t'' - L , .:, •:r.;1.,, - 620
e2e ,(• DATE Z/ O' 621
821>in•.tArpT[,7ESSr" BUYER L1. ?"? v .^ • .: r 622
Sn•11.:: L:,•::!I•u „t f ""I .fi ,,.. ,i: ,tl , :.. .... SSN •/ .. j I a.• ,u:r, 623
BUYER
623 WITNESS -" • ? n DATE. 624
,:(,??-_ r , -.,,.I,.. ;;o) •v.n.1:? 11T: '. "1'i 825
526 , In" r .. 520
121 BUYER , DATE > : u: •:1 627
------------------- --- --
t2T WPPNBSS , 1 : • . .,, : • 1 ,t !%.", 521
on I•: ' r, 1:i4 :,. .:.:. SSi 1`?.. 122
622 680
031 Seller Iteieby aPpsovel dJC above conhad dole (data) at
•631 632
132t.r 033..
bbl a14
134
b the State' Real' Estate Cosaadssion at M Pa Code ¢35 936 : r 635
839'd% bar'ttecdWed 1he'Coawrmer3dkegestebdoptdnated dyoafoi cogs betbce thisAtp f •'r •. .: 1. ' r' :, n, n ;••no'•t I,n, d• 1l:; . 638
iY,eeW h99 Weelved a statesaalt of Shcerh algoing ,I „v
[i!' Seder hub tmdtamt• unaeretande the -pknatohr khrmatton td torth In "Agreement 1„n : •' :•„'::. e37
• notices and ? ? .
637
t l 8211 'S MAUING ADDRMt 3 Nr?¢ r ?? ? ??i ' i- r' ', ^ 17v ?,) 636
See
t:: , .,ls .. 641
841 SELLER'S CO (SY• '1 542
t .!Ui ..1•^ ,n Ij I!r r r,11:.. ;,n {a Ld: ?' ?,?,}-.?.3..
421&
S" wrint SO -'. SELLER'' DATE'"" . . vu
644 I%Y
. c+,.. .gi.i.rLU: r,' .,' -.1 :r•, ,., ., .,..i:..::'•:.,,u?,;6z:r,yt:->'+1 U5
i.'rs;••,I:u`vaaiu:U:, :,
641 i•, lS?.LER , DATE r M•, 1 146
641 WITNESS 1 647
: SSf
:8547, 44",i' iii • •?ilr; { Itx!.nr, hnilit'f• rt: Jte ':t t .,, •ta :, •, . ,..,:.,.. r ..; ., . , 1.: .. . , s :•r•,',! :''.' ,.?,tj :7ir 541
,' dr
94Pfl::WME48"r• •vh •,,.Ir ?' !'':r, I • SELLER DATE+ 649
659
850 SSi_ ,:•: j. , I,n•. r•:f• :
851
551 :.
ebtlr BinlrertallJi?en'Certlflmuoui(checkall*"t'aeti8ppBcsWe)j'.t „6f; ,mv-r...-7t"N I!- j jrF:,.• i:••/.-:1; 3 ..a:.•ar,' ;af.4..b,, %A:ri• 051
D, Regarding d Pro was built before 1978:"The ridasigned Iiceneew involved iri, ow
:663411 t'rv'?.•' Lead+Sued'Ealut•SesardeDTsdmttre:•Regldred "
e64a? r n :uan.u ddrhaneaCdonitJdb?half of dietneely w end dteirbrokerr, cectifY thattheir etateiaenu ate tine to thebest ofltheir.imowledge'and bolieba ;ne^ 664
866:I:Fir.ItA-t51,1TAdtaowllpgeittaat 9hali itivblvedisd*transactionhaveinformedSellerofSe11ers-obliptionsunder7heResidentiallead-Aaact,"655
658. Psior Hwxd Reducdon•Act, 42 U.S.C.14852(d), and are aware of their responsibility to ensure compltscee I.:r: s, •. 055
857
657. i
550 13 Regarding FHA Mortgages: The undersigned Licensees involved in this nansacdon, on behalf of themselves and their brokeia,' xrtifl that 669
659 ' the tertne of this contract for purchase ate true to the best of their knowledge and belief, and that any other ag t entered Into by any of 851
i ND these putica in connection with this transaction Is attached to this Agreement 064
-;851 . . . ? 661
. 662 Regarding Meftdont 7ho uudemped IN Bri for Seller p Brokw for Buyer agree m subunit to mediation in accordarm with • 652
563 parapaph 2/ of this Agreement 653
i 054
111 665
bee BROKER FOR SEU ER DA
us ACCEPTED BY 777? 664
66.1
667 ! ?tlfF 1C L7` .>? C
SW BROKER FOR BUYER (Company Nam 'O e, 666
860 ACCEPTED BY 41.14 7"ot- DATE n3 669
878
575 i
671 A/S.2K Page 8 of 8 671
BUYER'S COPY
EXHIBIT "B"
November 30, 2004
RE: 2 Nita Ct.
Mechanicsburg, PA 17050
FINAL INSPECTION LIST
Outside:
- front porch --
1st Floor:
- Dining room:
• mold on ceiling
- Bathroom:
• door does not close properly
• lock does not work - t'--.? L,,, `f""
• crooked window - Zy&v
- Loose banister
2°d Floor:
- Master bedroom:
• loose floor boards by master bedroom doors and by French doors
• uneven doors - entrance and French doors
• crooked bathroom doors
• mold on ceiling
• loose ceiling light fixture
Master bedroom bathroom:
• loose toilet
• closet door does not shut
• chip in bathroom tub
• window handle not level
• interior walls not insulated
Bedroom on right, facing front of house:
0 door does not lock
EXHIBIT "C"
PARK CVSTOM HOMES, INC.
1605 York Haven Road
York Haven, Pennsylvania 17370
Office (717) 938-8900
Fax (717) 932-9465
October 19, 2005
Proposal and Contract
Mr. and Mrs. Jim Chon
2 Nita Ct.
Mechanicsburg, PA 17050
Subject: General Repairs
Outside porch crack $ 300
a. Saw cut porch every 10 foot and sweep dust
2. 1d Floor
a. Mold on ceiling - can not determine cause of mold by visual inspection
b. Bathroom door adjustment - $100
c. Bathroom lock repair - $50
d. Crooked window - interior wall not plumb.
e. Repair loose banisters - $700
3. 2nd Floor
a. Master bedroom:
i. Repair loose floor boards by master bedroom doors $100
ii. Repair uneven doors French doors $ 200 .
iii. Crooked bathroom doors $ 200
iv. Mold - can not determine cause of mold.
v. Loose ceiling light fixtures $ 150
b. Master bedroom bathroom:
i. Repair loose toilet $400
ii. Closet door $ 100
iii. Chip in bathroom tub- warranty of company should repair
iv. Window handle not level - Window Company should repair under warranty.
4. Interior insulation of walls $10,700
a. Cut holes in drywall
b. Blow insulation through-out house.
c. No guaranty a full wall of insulation
d. Patch and paint holes
5. Carpet stretch house $ 2,000
All materials are specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or
deviation from above specifications involving extra costs will be executed only upon written orders, and will berrextT?c tai
over and above the proposal and contract.
Park Costom loin lK
&Mtanic of Proposal and Contract
You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal, for
which I (We) agree to pay the amount mentioned in the proposal according to its terms.
Accepted by Buyer(s) on 2005
C'Mmments and Settings\HP Authorized CustornOesktopMord Lotus\GCljimchon.DOC
mar Ib U/ 10:21a p.3
oar i.?r 1001 lb: 34 11 rbyia4al FENSTERMACFIERBASSOC. PAGE 12
VERMCATIOlri
i, Seung H. Chou, PlaintitT in the above-captioned case, here
facts set forth in the by certify and verify that the
foregoing Complaint are true and correct to the best of my knowledge,
information and belief. I understand that any ,fats- statements herein are subject to the
of 19 Pa C. S. §4904 relating to w mvom, falsification to authorities. penalties Seung H. C14M
DATE: 14-
10
Mar 16 07 10:21a p.2
-+.,+cvul LO- P13 1110'JLM441 FENSTERMACHER&ASSOC. PAGE 13
VERIFICATION
I, Ryunsook Chon, Plaintifl:'in.the above-captioned case, hereby c;erfify and vaify that
the facts set forth in the .foregoing Complaint are true and correct to the best ofm. yy knowledge,
infonnation and belief. 1 understand that any false statements herein ate subject to the
of 18 Pa. C. S. §4904 relating to unswom falsification to authorities, penalties
NYn ZW C
DATE:
1l
CERTIFICATE OF SERVICE
AND NOW, on this ' day of March, 2006, I, Matthew Aaron Smith, Esquire, hereby
certify that I have served the foregoing Plaintiff's Complaint, by mailing a true and correct copy by
United States first class mail, addressed as follows:
Mark Sheely
330 North 30ti' Street
Camp Hill, PA 17011
FENSTERMACHER AND ASSOCIATES, P.C.
r
By:
atthew Aaron Smith
12
K
SEUNG H. CHON and
HYUNSOOK CHON,
Plaintiffs
V.
MARK SHEELY and SHEELY, MARK
BUILDERS, INC.,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 06-6218 Civil Term
ORDER
AND NOW, this day of TJ y%'L, , 2007, upon consideration of the
Stipulation to Open Default Judgment entered into by the parties, it is hereby ORDERED and
DECREED that the Default Judgment entered against Defendant Mark Sheely is OPENED and
that Mark Sheely be permitted to file an Answer entering a defense to the Plaintiff's Complaint.
Defendant Mark Sheely is ORDERED to file an Answer to Plaintiff's Complaint within twenty
(20) days of this Order.
BY THE COURT:
0 0: h WA 13 Nnr LODZ
ARIONCH108d 3HL d0
301-(0-1
SEUNG H. CHON and
HYUNSOOK CHON,
Plaintiffs
V.
MARK SHEELY and SHEELY, MARK
BUILDERS, INC.,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 06-6218 Civil Term
NOTICE TO PLEAD
To: Plaintiffs Seung H. Chon and Hyunsook Chon:
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE
HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU.
Date: July 9, 2007
Respectfully submitted,
REAGER & ADLER, P.C.
jv?o A, U'Vvf-?)
Jo . PietrAlk, quire
At mey I.D. No. 79538
Thomas O. Williams, Esquire
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-464
Telephone: (717) 763-1383
Attorneys for Defendant Mark Sheely and
Defendant Sheely, Mark Builder, Inc.
REAGER & ADLER, P.C.
BY: JOHN H. PIETRZAK, ESQUIRE
Attorney I.D. No. 79538
Email: Jpietrzak@ReagerAdlerPC.com
BY: THOMAS O. WILLIAMS, ESQUIRE
Attorney I.D. No. 67987
Email: Twilliam.s@ReagerAdler.PC.com
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
Attorneys for Mark Sheely and Sheely, Mark Builder, Inc.
SEUNG H. CHON and
HYUNSOOK CHON,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
V.
MARK SHEELY and SHEELY, MARK
BUILDERS, INC.,
Defendants
: NO.: 06-6218 Civil Term
DEFENDANTS, MARK SHEELY AND SHEELY, MARK BUILDER, INC.'S
ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT
1. Admitted, upon information and belief.
2. Admitted.
3. Admitted. By way of further answer, Defendant is Sheely, Mark Builder, Inc.,
d/b/a Mark Sheely Builder (hereinafter "Defendant Mark Sheely Builder")
4. Admitted.
5. Admitted.
6. Admitted. By way of further answer, any agreements entered into and all work
performed at issue was by the business incorporated as Sheely, Mark Builder, Inc., d/b/a Mark
Sheely Builder. Defendant Mark Sheely did not perform any work or enter into any agreements
1
with Plaintiffs in his individual capacity. At all times, Defendant Mark Sheely dealt with
Plaintiffs only in his capacity as a corporate officer of Defendant Mark Sheely Builder.
7. It is admitted that Defendant Mark Sheely Builder entered into a sales contract
with Plaintiffs on September 21, 2003. The sales contract is a writing, which speaks for itself.
Any references to the written document that are not consistent with the writing are strictly
denied.
Denied. The sales contract is a writing, which speaks for itself. Any references to
the written document that are not consistent with the writing are strictly denied. Defendant Mark
Sheely did not sign the contract in his individual capacity. Mark Sheely signed the contract only
in his capacity as an officer of the corporation, Defendant Mark Sheely Builder.
9. Denied. It is denied that there were "problems or incomplete work" at closing, as
that term is characterized in this paragraph. Any remaining work as of November 30, 2004 was
normal punch list work or warranty items.
10. Denied. This paragraph references Plaintiff's exhibit "B" to their complaint,
which is a writing, which speaks for itself. By way of further answer, Defendants incorporate
herein by reference their New Matter, which follows. It is further denied that the listed items
were problems or incomplete work.
11. Denied as stated. Mark Sheely, solely in his capacity as an officer of Defendant
Mark Sheely Builder, and solely on behalf of Defendant Mark Sheely Builder, agreed to
complete the punch list work or warranty work. Defendant Mark Sheely Builder did complete
some items but Plaintiffs refused to allow Defendant Mark Sheely Builder to complete all
2
agreed-upon items. By way of further answer, Defendants incorporate herein by reference their
New Matter, which follows.
12. Denied. It is denied that Defendant Mark Sheely Builder's work was poor or
unworkmanlike. To the contrary, any remaining items were normal punch list or warranty items,
which the Plaintiffs refused to allow Defendant Mark Sheely Builder to complete.
13. Denied. This paragraph contains a legal conclusion to which no response is
required. To the extent that a response is required, Defendant Mark Sheely Builder did complete
some items and attempted to complete other agreed-upon items, but Plaintiffs failed to allow
Defendant Mark Sheely Builders access to the home to complete the work.
14. Denied. Defendant Mark Sheely Builder did complete some items and attempted
to complete the remaining agreed-upon items, but Plaintiffs failed and/or refused to allow
Defendant Mark Sheely Builders to complete the work. After Plaintiff's failed to grant access to
the home to complete the work, Defendant Mark Sheely Builder offered again to complete the
work, but the Plaintiff's refused.
15. Denied. After reasonable investigation, the Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments of this paragraph. Strict
proof is demanded at trial.
16. Denied. After reasonable investigation, the Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments of this paragraph. Strict
proof is demanded at trial. It is admitted that Plaintiffs have attached to their complaint as
Exhibit "C" a document purporting to be a "Proposal and Contract" from PCH. By way of
further answer, the estimates listed in Plaintiffs' Exhibit "C" are inflated and unreasonable.
17. It is admitted that Plaintiffs Exhibit "C" to their complaint purports to estimate
repairs of approximately $15,000, which estimated costs are inflated and unreasonable.
COUNT 1
Breach of Contract
18. Paragraphs 1-17 are incorporated by reference as if set forth fully herein.
19. This paragraph contains a legal conclusion to which no response is required.
20. Denied. Defendant Mark Sheely Builder did complete some items and attempted
to complete the items listed on Plaintiff's exhibit "B", but Plaintiffs refused to allow Defendant
Mark Sheely Builders access to the home to complete the work.
21. Denied. It is denied that Defendant Mark Sheely Builder's work is poor or
unworkmanlike.
22. Admitted.
23. Denied. This paragraph contains a legal conclusion to which no response is
required. By way of further answer, Plaintiffs have not alleged a breach of any obligation stated
in the sales contract attached to Plaintiffs' complaint as Exhibit "A", and therefore have failed to
state cause of action for which relief can be granted.
WHEREFORE, Defendant Mark Sheely and Defendant Sheely, Mark Builder, Inc.
respectfully request this Honorable Court to enter judgment in its favor and against the Plaintiffs,
Seung H. Chon and Hyunsook Chon, and award costs, attorney's fees and such other relief as the
Court deems appropriate.
4
COUNT II
Unfair Trade Practices and Consumer Protection Law 73 P.S. § 201-1 et seq.
24. Defendants incorporate paragraphs 1-23 by reference as if fully set forth herein.
25. Denied. This paragraph contains legal conclusions to which no response is
required. Defendants deny that they engaged in any violations of the Unfair Trade Practices and
Consumer Protection Law, 73 P.S. § 201-1, et seq. (the "Act"). Plaintiffs have failed to aver any
specific representations allegedly made by Defendants and have failed to aver the elements of
fraud as required; therefore, Defendants are unable to specifically admit or deny the factual
allegations of this paragraph. By way of further answer, any agreements entered into and all
actions taken or work performed at issue was by the business incorporated as Sheely, Mark
Builder, Inc., d/b/a Mark Sheely Builder.
26. Denied. This paragraph contains a conclusion of law to which no response is
required. By way of further answer, Defendant Mark Sheely did not perform any work, take any
actions, make any representations or enter into any agreements with Plaintiffs in his individual
capacity. At all times, Defendant Mark Sheely dealt with Plaintiffs only in his capacity as a
corporate officer of Defendant Mark Sheely Builder.
27. This paragraph contains a legal conclusion and/or prayer for relief, to which no
response is required. Defendants deny that they have engaged in any violation of the Act.
28. This paragraph contains a legal conclusion and/or prayer for relief, to which no
response is required.
WHEREFORE, Defendant Mark Sheely and Defendant Sheely, Mark Builder, Inc.
respectfully request this Honorable Court to enter judgment in its favor and against the Plaintiffs,
5
Seung H. Chon and Hyunsook Chon, and award costs, attorney's fees and such other relief as the
Court deems appropriate.
NEW MATTER
29. Defendant incorporates paragraphs 1-28 by reference as if fully set forth herein.
30. The Plaintiff's claim is barred by the doctrines of waiver and estoppel.
31. The Plaintiff's claim is barred by the doctrine of consent.
32. The Plaintiff's claim is barred by the doctrine of accord and satisfaction.
33. The Plaintiff's claim is barred by the doctrine of justification.
34. The Plaintiff's complaint fails to state a cause of action for which relief can be
granted.
35. Plaintiffs have failed to mitigate their damages.
36. Defendant Mark Sheely Builder informed Plaintiffs prior to their purchase of the
home that it would be impossible to add additional insulation to some interior walls due to the
fact that the walls had already been erected and drywall installed.
37. On October 28, 2005, Plaintiffs and Defendant Mark Sheely Builder met at the
Plaintiff's residence and entered into an agreement for the completion of certain items that
Plaintiffs' wished to have addressed under the one-year home warranty. The parties further
agreed that, upon completion of the listed items, Defendant Mark Sheely Builder would have
satisfied all obligations to the Plaintiffs. A true and correct copy of the list of items the parties
agreed would be addressed is attached hereto and made a part hereof, as Exhibit "A" to
Defendants' New Matter.
6
38. On October 28, 2005, the parties agreed that Plaintiffs' would make the residence
available to Defendant Mark Sheely Builder on November 19, 2005, at which time, Defendant
Mark Sheely Builder would complete the items agreed to, as set forth in Exhibit A.
39. Defendant Mark Sheely Builder arrived at Plaintiffs' residence on November 19,
2005 and found that Plaintiffs either were not home or would not answer the door. Defendant
Mark Sheely Builder completed the items on the agree-upon list that were on the exterior of the
home. After completion of the outside items, Plaintiffs had not arrived home or continued to
refuse to permit access to the interior of the residence, so Defendant Mark Sheely Builder had no
option other than to leave without completing the listed items that were inside the residence.
40. Defendant Mark Sheely Builder fulfilled its obligation to the Plaintiffs under the
oral agreement reached on October 28, 2005 by fixing the items outside the residence and
attempting to complete the items inside the residence.
41. The Plaintiffs failed to provide Defendant Mark Sheely Builder an opportunity to
complete the warranty items inside Plaintiffs' residence by failing and/or refusing to provide
Defendant Mark Sheely Builder with access to their home on the agreed upon date of November
19, 2005, in breach of the oral agreement reached on October 28, 2005.
42. Defendant Mark Sheely Builder, through contact with Plaintiffs' prior counsel,
offered to reschedule a time to complete the warranty items inside the Plaintiffs residence, but
Plaintiffs refused to grant Defendant Mark Sheely Builder access to their residence to complete
the work, in further breach of the agreement reached on October 28, 2005.
7
43. Defendant Mark Sheely Builder has fulfilled all obligations to the Plaintiffs both
under the sales contract attached to Plaintiffs' Complaint and under the oral agreement reached
with Plaintiffs on October 28, 2005.
44. Defendant Mark Sheely acted at all times only as the corporate president of
Sheely, Mark Builder, Inc. and at no time acted in his individual capacity with regard to any
dealings with Plaintiffs.
WHEREFORE, Defendant Mark Sheely and Defendant Sheely, Mark Builder, Inc.
respectfully request this Honorable Court to enter judgment in its favor and against the Plaintiffs,
Seung H. Chon and Hyunsook Chon, and award costs, attorney's fees and such other relief as the
Court deems appropriate.
Date: July 9, 2007
Respectfully submitted,
REAGER & ADLER, P.C.
dx I le ? (2 - z
Mx. Pietrzak, Esquirt?r
orney I.D. No. 79538
Thomas O. Williams, Esquire
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-464
Telephone: (717) 763-1383
Attorneys for Defendant Mark Sheely and
Defendant Sheely, Mark Builder, Inc.
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07/03/2007 08:02 FAX 717 730 7366 REALER & ADLER
VERIFICATION
I, Mark Sheel;y, hereby verify that the averments of the foregoing document are true and
correct to my personal knowledge, information and belief. I understand that false statements
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herein are made subjtrt to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to
authorities.
Date: _ 6 ?z By
Mark S eely
07/03/2007 08:02 FAX 717 730 7366, REAGER & ADLER
VERIFICATION
2012
I, Mark Sheely, hereby verify that I am the President of Sheely, Mark Builder, Inc. and, as
such, I am authorized. to verify the averments of the foregoing document are true and correct to
my personal knowledge, information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authori-
ties.
Date: D By:
Mark Sheely
CERTIFICATE OF SERVICE
AND NOW, this 9 h day of July, 2007, I hereby verify that I have caused a true and
correct copy of the foregoing document to be placed in the U.S. mail, first-class, postage prepaid
and addressed as follows:
Matthew Aaron Smith
Fenstermacher and Associates, P.C.
The Jonas Rupp House
5115 East Trindle Road
Mechanicsburg, PA 17050
J H. Pietrz Esqu' e
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
SEUNG H. CHON and
HYUNSOOK CHON,
Plaintiffs
V.
Docket No.: 06-6218 Civil Term
MARK SHEELY and SHEELY, MARK
BUILDER, INC.,
Defendants
CIVIL ACTION - LAW
PLAINTIFFS' ANSWER TO
DEFENDANTS' NEW MATTER
AND NOW come Plaintiffs Seung H. Chon and Hyunsook Chon by and through their
attorneys, the Offices of Fenstermacher and Associates, P.C., and file this Answer to Defendants'
New Matter, as follows:
29. No response required.
30. Denied. This paragraph asserts a legal conclusion to which no response is required.
Waiving none of the foregoing, to the extent that a response is required, this paragraph is
hereby denied and strict proof thereof is demanded at trial.
31. Denied. This paragraph asserts a legal conclusion to which no response is required.
Waiving none of the foregoing, to the extent that a response is required, this paragraph is
hereby denied and strict proof thereof is demanded at trial.
32. Denied. This paragraph asserts a legal conclusion to which no response is required.
Waiving none of the foregoing, to the extent that a response is required, this paragraph is
hereby denied and strict proof thereof is demanded at trial.
33. Denied. This paragraph asserts a legal conclusion to which no response is required.
Waiving none of the foregoing, to the extent that a response is required, this paragraph is
hereby denied and strict proof thereof is demanded at trial.
34. Denied. This paragraph asserts a legal conclusion to which no response is required.
Waiving none of the foregoing, to the extent that a response is required, this paragraph is
hereby denied and strict proof thereof is demanded at trial.
35. Denied and strict proof thereof is demanded at trial. By way of further explanation, the
Chons spent two years subsequent to the purchase of the home attempting to entice the
Defendants into completing their contractually obligated duties without success.
36. Denied. Neither Mark Sheely nor any employee, representative or agent of Sheely, Mark
Builder, Inc., ever informed the Chons that it would be impossible to add additional
insulation to some interior walls. Strict proof thereof is demanded at trial.
37. Denied. The document alleged to be an agreement between the parties and attached as
Exhibit "A" to Defendants' Answer With New Matter to Plaintiffs' Complaint has neither
the signatures of the parties nor the date of the agreement. Furthermore, Plaintiffs aver that
they have no knowledge of a meeting that allegedly took place on October 28, 2005, or
entering into an agreement on the aforementioned date.
38. Denied and strict proof thereof is demanded at trial. See also the averments in paragraph 37
of the present document.
39. Admitted in part, denied in part. Admitted in so much as Defendants conducted some work
to the exterior of the home. Denied in so much as Plaintiffs are without information or
belief as to why Defendants were unable to enter the home. By way of further explanation,
Defendants had two years subsequent to the purchase of the home to complete the required
work to the home and for two years Mark Sheely would agree to work at certain times only
to cancel or fail to appear without notice.
2
40. Denied in so much as no such agreement exists between Plaintiffs and Defendants.
41. Denied. As stated in paragraph 39 of the present document, Defendants were given
numerous occasions to work on the home from the time the house was purchased to the time
Defendants were allegedly barred from the home. On those numerous occasions,
Defendants would not show at the appointed time or they would show without prior notice
thus eliminating the possibility that Plaintiffs could allow entrance to their home.
42. Denied in part. Plaintiffs are without information or belief as to whether Defendants were
able to reschedule a time to complete the warranty items with Plaintiffs' previous counsel.
Plaintiffs aver, however, that last they knew, Defendants would not commit to an exact date
to enter their home to complete the warranty items.
43. Denied. Plaintiffs' Complaint speaks for itself and Plaintiffs deny that an October 28, 2005
oral agreement exists.
44. Denied in so much as the only time Mark Sheely acted as, or held himself out as, corporate
president of Sheely, Mark Builder, Inc., was when he signed the September 21, 2003 Sales
Agreement on behalf of "Mark Sheely Builders" as seller.
WHEREFORE, Plaintiffs Seung H. Chon and Hyunsook Chon demand judgment against
Defendants Mark Sheely and Sheely, Mark Builder, Inc., plus treble damages, attorneys fees,
costs, interest and punitive damages and all other relief the Court deems fair and proper.
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES, P.C.
By: Z? 2?
hn R. Fe ermac er
Supreme Court I.D. #29940
Matthew Aaron Smith
Supreme Court I.D. #94603
5115 East Trindle Road
Mechanicsburg, PA 17050
(717) 691-5400
Attorneys for Plaintiffs
DATED: 301(4 -2007
CERTIFICATE OF SERVICE
AND NOW, on this day of July, 2007, I, Matthew Aaron Smith, Esquire, hereby certify
that I have served the foregoing Plaintiffs Complaint, by mailing a true and correct copy by United
States first class mail, addressed as follows:
John H. Pietrzak, Esq.
Thomas O. Williams, Esq.
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011
FENSTERMACHER AND ASSOCIATES, P.C.
By:
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SEUNG H. CHON and
HYUNSOOK CHON,
Plaintiffs
V.
MARK SHEELY,
MARK SHEELY BUILDERS, INC
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-6218 Civil Term
: CIVIL ACTION - LAW
PRAECIPE TO SATISFY JUDGMENT
AND DISCONTINUE CASE
TO THE PROTHONOTARY:
Please mark the judgment entered in this action SATISFIED and
DISCONTINUED.
DATED:
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES, P.C.
By:
hn R.`Fenstermacher
upreme Court I.D. #29940
115 East Trindle Road
Mechanicsburg, PA 17050
(717) 691-5400
Attorney for Plaintiffs
CERTIFICATE OF SERVICE
ay of July, 2009, I, John R. Fenstermacher,
Z
AND NOW, on this d
Esquire, hereby certify that I have served the foregoing Praecipe to Satisfy Judgment
and Discontinue Case by mailing a true and correct copy by United States first class
mail, addressed as follows:
Peter R. Wilson, Esq.
Reager & Adler, PC
2331 Market Street
Camp Hill, PA 17011
Attorney for Defendant
FENSTERMACHER AND ASSOCIATES, P.C.
John R. Fenstermacher
200 JUI
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