HomeMy WebLinkAbout06-6335.ARRISBURG\FILES\B 190\B 190 Writ of Summons.doc
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EDWARD THOMAS
1015 Jenkins Grove
Enola, PA 17025-3502
CIVIL DIVISION
OL -L335
C j v I TeRin
Plaintiff,
V.
YINGST HOMES, INC.
4712 Smith Street
Harrisburg, PA 17109
Defendant.
JURY TRIAL DEMANDED
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY OF SAID COURT:
V
Please issue writ of summons in the above-captioned matter.
x Writ of Summons shall be issued and forwarded to ( ) Attorney (x) Sheriff
Charles E. Haddick, Jr., Esquire
Grant Schonour, Esquire
Dickie McCamey & Chilcote, P.C..
1200 Camp Hill Bypass, Suite 205
Camp Hill, PA 17011
(717) 731-4800
Name/Address/Tele of Attorney
Signature of Attorney
Supreme Court ID No. 55666 / 93282
Date: October 30, 2006
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EDWARD THOMAS, CIVIL DIVISION
() & , ? 335
Plaintiff, G.D. No.
V.
YINGST HOMES, INC.,
Defendant.
WRIT OF SUMMONS
TO THE ABOVE NAMED DEFENDANT(s):
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE
COMMENCED AN ACTION AGAINST YOU.
Date: by Deputy
( ) Check here if reverse is issued for additional information
2
SHERIFF'S RETURN - OUT OF COUNTY
i
CASE NO: 2006-06335 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
THOMAS EDWARD
VS
YINGST HOMES INC
R. Thomas Kline
Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
but was unable to locate Them
deputized the sheriff of DAUPHIN
serve the within WRIT OF SUMMONS
County, Pennsylvania, to
On November 22nd , 2006 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs: So answ
Docketing 18.00
c`J
Out of County 9.00
Surcharge 10.00 'R. Thomas rare.,
Dep Dauphin County 35.25 Sheriff of Cumberland County
Postage .78
73.03 I10(v
11/22/2006
DICKIE MCCAMEY CHILCOTE
Sworn and subscribe to before me
this day of ,
in his bailiwick. He therefore
A. D.
f itn of f4po?s(?eriff
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Commonwealth of Pennsylvania
County of Dauphin
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
THOMAS EDWARD
vs
YINGST HOMES INC
Sheriff's Return
No. 1826-T - - -2006
OTHER COUNTY NO. 06 6335 CIVIL
Charles E. Sheaffer
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
AND NOW:November 16, 2006 at 12:47PM served the within
WRIT OF SUMMONS
YINGST HOMES INC
to MARYANN BURD SECRETARY
upon
by personally handing
1 true attested copy(ies)
of the original WRIT OF SUMMONS and making known
to him/her the contents thereof at 4712 SMITH STREET
HARRISBURG, PA 17109-0000
Sworn and subscribed to
before me this 16TH day of NOVEMBER, 2006
NOTARIAL SEAL
MARY JANE SNYDER, Notary Public
Highspire, Dauphin County
My Commission Expires Sept. 1, 2010
So Answers,
Sheriff of Dauphin Cs4}nty, Pa.
By
Deputy Sheriff
Sheriff's Costs:$35.25 PD 11/15/2006
RCPT NO 223580
GMILLER
• In The Court of Common Plus of Cumberland County, Penilsylvania
Edward Thomas
Vs.
Yingst Homes Inc
No. 06-6335 civil
Now, Novenber 13, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Dauphin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now, , 20 , at o'clock M. served the
within
upon
at
by handing to
a copy of the original
and made known to
Sworn and subscribed before
me this day of , 20
the contents thereof.
So answers,
Sheriff of County, PA
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
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EDWARD A. THOMAS AND BRENDA B.
THOMAS, Plaintiffs
v.
YINGST HOMES, INC., Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
NO. 06-6335
JURY TRIAL DEMANDED
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering
a written appearance personally or by attorney and filing in writing with the court, your defenses or
objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed
without you and a judgment may be entered against you by the court without further notice, for any money
claimed in the Complaint or for any other claim for 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 or 1-800-990-9108
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en
las paginas sigiuentes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la
notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte
en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si
usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o
notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder
dinero o sus propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATEMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN
PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA
ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street, Carlisle, PA 17013
717-249-3166 or 1-800-990-9108
96923
DICKIE, MCCAMEY & CHILCOTE, P.C.
BY: CHARLES E. HADDICK, JR., ESQUIRE ATTORNEY FOR: EDWARD A. THOMAS
ATTORNEY I.D. NO. 55666 AND BRENDA B. THOMAS
BY: GRANT W. SCHONOUR, ESQUIRE
ATTORNEY I.D. NO. 93282
1200 Camp Hill Bypass, Suite 205
Camp Hill, PA 17011
(717)731-4800 (Tele)
(717)731-4803 ax
EDWARD A. THOMAS AND BRENDA B. IN THE COURT OF COMMON PLEAS
THOMAS, Plaintiffs OF CUMBERLAND COUNTY,
NO. 06-6335
V.
YINGST HOMES, INC., Defendant
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, February 27, 2007, comes Plaintiffs Edward A. Thomas and Brenda B.
Thomas, by and through their counsel, Dickie, McCamey & Chilcote, P.C., and files the within
Complaint as follows:
1. Plaintiff-husband, Edward A. Thomas, is an adult individual residing at 1015
Jenkins Grove, Enola, Pennsylvania 17025.
2. Plaintiff-wife, Brenda B. Thomas, is an adult individual residing at 1015 Jenkins
Grove, Enola, Pennsylvania 17025.
3. Defendant, Yingst Homes, Inc., who upon information and belief, is a
Pennsylvania corporation with a primary place of business at 4712 Smith Street, Harrisburg,
Pennsylvania 17109.
4. On or about January 18, 2003, Plaintiffs entered into a Standard Agreement for
the Sale of New Construction ("Contract") with Defendant for a sale of property and the
construction of a new home. See Exhibit "A".
5. The property sold and conveyed in this Contract is located in a subdivision
located at and known as Whelan Crossing/Jenkins Grove, Phase XI, Lot #19 in Enola,
Pennsylvania ("Property").
6. Under the Contract, Defendant agreed to construct a new home on the Property
which was to include a full basement.
7. In consideration of the construction of the new home and the conveyance of the
Property, Plaintiffs agreed to pay Defendant a Total Purchase Price of $260,127.00.
8. At all times relevant hereto, Defendant represented and warranted that the
construction of Plaintiffs new home on the Property would be completed in a good and
workmanlike manner and be free of defects.
9. Mr. and Mrs. Thomas paid the full contract price and have otherwise performed
under the subject contract.
10. On or about August 8, 2003, after completion of construction, Plaintiffs moved
into the subject residence on the Property.
11. As part of the Agreement and construction process, an embankment in the rear of
the property required back-filling and compaction.
12. Mr. Thomas discussed the embankment with Defendant and expressed his desire
to have a gradual slope in the rear of the property.
13. The Defendant was required to and represented that it would complete this work
in a good and workmanlike manner.
14. In 2003 and 2004, Plaintiffs was forced to expend additional sums of money to
purchase and plant trees on the embankment to help "anchor" the soil.
15. In 2004, following substantial rainfall from Tropical Storm Ivan, a section of the
rear embankment collapsed.
16. In February 2006, Plaintiffs began to notice portions of the lawn begin to break
loose and fall away from the rear embankment.
17. In 2004, Plaintiffs also noticed the appearance of cracking along their basement
floor.
18. The cracking has become progressively worse over time and now appears
throughout the basement. In addition to a visible defect, the cracking is now displaying signs of
moisture seeping through the cracks.
19. Mr. Thomas brought the cracking to the attention of Defendant.
20. As a result of Mr. Thomas' persistence, Defendant finally replied to him in the
form of a letter on October 18, 2005.
21. Defendant maintained in the letter that they had inspected the basement floor and
determined that the crack is benign and that there is no structural defect.
22. As part of the Agreement and construction of the new home, a concrete basement
floor was to be poured. The Defendant was required to and represented that it would complete
this construction in a good and workmanlike manner.
23. Over a period of time the Plaintiffs have lost and continue to lose stable portions
on the rear embankment of the Property. Additionally, the cracks in the basement floor are
severe defects which have cost the Defendant substantial value in the assessment of their home
and do now and will in the future expose Plaintiffs to the substantial and heightened risks of
moisture, mold, radon and other potential hazards.
24. It is believed and thus averred that the defects are a result of faulty and deficient
workmanship of Defendant.
COUNTI
BREACH OF CONTRACT
25. Plaintiffs incorporate by reference the allegations set forth in paragraphs 1-25 of
this Complaint.
26. Defendant, Yingst Homes, Inc., contracted with the Plaintiffs to build a complete
residence at Whelan Crossing/Jenkins Grove, Phase XI, Lot #19 in Enola, Pennsylvania
27. Plaintiffs have paid the full contract price and have otherwise performed pursuant
to the terms of the contract.
28. Defendant did not substantially perform their portion of the contract..
29. Defendant's failure to provide the construction services as set forth above is a
breach of its lawful duty under the Agreement under Pennsylvania law.
30. As a result of Defendant's breach, the Plaintiffs have suffered financial losses in
excess of Fifty Thousand Dollars ($50,000.00).
WHEREFORE, Plaintiffs, Edward A. Thomas and Brenda B. Thomas, respectfully
request this Honorable Court to enter a judgment in its favor in excess of $50,000 plus attorney's
fees, interest and all other remedies this Court deems appropriate.
COUNT II
BREACH OF WARRANTY
31. Plaintiffs incorporate by reference the allegations set forth in paragraphs 1-30 of
this Complaint.
32. Defendant's failure to provide the construction services agreed to is a breach of
all warranties, express and implied, under Pennsylvania law including, but not limited to a
breach of implied warranties of good and workmanlike construction.
33. As a result of Defendant's breach, the Plaintiffs have suffered financial losses in
excess of Fifty Thousand Dollars ($50,000.00).
WHEREFORE, Plaintiffs, Edward A. Thomas and Brenda B. Thomas, respectfully
request this Honorable Court to enter a judgment in its favor in excess of $50,000 plus attorney's
fees, interest and all other remedies this Court deems appropriate.
COUNT III
NEGLIGENCE
34. Plaintiffs incorporate by reference the allegations set forth in paragraphs 1-33 of
this Complaint.
35. Defendant had a duty to prepare the Property for construction and to construct the
home on the Property properly, carefully and in a good and workmanlike manner.
36. Defendant breached that duty by failing to properly backfill and compact the
embankment at the rear of Plaintiffs' Property as well as failing to properly construct the
basement floor.
37. But for the Defendant's negligent workmanship in building the basement floor,
the basement floor would not have substantial and severe cracking and moisture defects and
Defendant would have full value of their home.
38. Defendant's failure to properly construct the basement floor proximately caused
the Plaintiffs' inability to use that portion of their home.
39. Furthermore, but for the Defendant's negligent workmanship in compacting and
backfilling the Property, Plaintiffs would have full use of the Property they purchased as well as
full access to the yard they agreed to purchase.
40. Defendant's failure to properly backfill and compact the rear embankment of the
property caused Plaintiffs' inability to use that portion of the Property and a loss of value to the
Property
41. As a result of Defendant's breach, the Plaintiffs have suffered financial losses in
excess of Fifty Thousand Dollars ($50,000.00).
WHEREFORE, Plaintiffs, Edward A. Thomas and Brenda B. Thomas, respectfully
request this Honorable Court to enter a judgment in its favor in excess of $50,000 plus attorney's
fees, interest and all other remedies this Court deems appropriate.
COUNT IV
U.T.P.C.P.L.
42. Plaintiffs incorporate by reference the allegations set forth in paragraphs 1-41 of
this Complaint.
43. The conduct, including but not limited to the defects outlined above, of
Defendant, Yingst Homes, Inc., in failing to properly construct the Plaintiffs home and/or failing
to properly prepare the Property to be built upon as well as their failure to remediate the
problems and, instead, providing assurances to Plaintiffs that the home was properly constructed
and/or failing to take responsibility for the defects they created constitute unfair or deceptive acts
or practices within meaning of the Pennsylvania Unfair Trade Practices and Consumer Protection
Law, 73. Pa. Stat. § 201.2(4).
44. Under the said law, Plaintiffs are entitled to recover up to three times the actual
damages caused by Defendants improper conduct.
45. Plaintiffs actual damages consist of all the damages described in the preceding
Paragraphs of this Complaint.
WHEREFORE, Plaintiffs, Edward A. Thomas and Brenda B. Thomas, respectfully
request this Honorable Court to enter a judgment in their favor in excess of $50,000 plus
attorney's fees, interest and all other remedies this Court deems appropriate.
Respectfully submitted,
DICKIE, MCCAMEY & CHILCOTE, P.C.
Date: February 27, 2007 By:
Charle Haddick, Jr., Esquire
ATT Y I.D. NO. 55666
Grant W. Schonour, Esquire
ATTORNEY I.D. NO. 93282
1200 Camp Hill Bypass, Suite 205
Camp Hill, PA 17011-3700
(717) 731-4800
Attorney for Plaintiffs
Sent By: THE UPS STORE;
717 728 3257; Feb-24-07 10:24AM; Page 2
98663
VERIFICATION
I, Edward A. Thomas, hereby verify that the facts set forth in the 'foregoing
Complaint are true and correct to the best of my knowledge, information and belief.
I understand that false statements herein are made subject to the penalties of IS
Pa.C.S. §4904, relating to trnsworn falsification to authorities.
Edward A_ T ioma.S
Sent By: THE UPS STORE; 717 728 3257; Feb-24-07 10:24AM; Page 3/3
98663
VERIFICATION
I, Brenda. B. Thomas, hereby verify that the facts set forth in the .foregoing
Complaint are true and cornett to the best of my knuwledge, information and belief.
1 understand that Use statements herein are made subject to the penalties of 18
Pa.C.S. §4904, relating to unworn falsification to authorities.
Brenda B. Thomas - -
x ?,,b ?? ?
or
STANDARD AGREEMENT FOR THE SALE OF NEW CONSTRUCTION ?
This form recommended and approved for, but not restricted to use by, the members of the Pennsylvania Association of REALTORS* (PAR). `AIJ?f ?7 ( v
PA LICENSED BROKER
LISTING BROKER (ComBany)
ADDRESS
PH FAX I'Z:
DESIGNATED AGENT FOR SELLER (if applicable)
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PA LICENSED BROKER
SELL BgRQKER (Company) %
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ADDRESS , R4167
PH FAX
DESIGNATED AG TT OR BUYER (if applicable)
L Chis Agreement, dated Z,FC r ,y La to 2 is between
SELLERBUILDER: called
"Seller," and BUYER(S): LG"dGc??3/?0l /f ""atx„a 5 t?? tr_rtJ ?- tailed
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`Buyer."
2. PROPERTY (11-00)
Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase:
ALL THAT CERTAIN lot or piece of ground with buildings and improvements to be erected the n if any, known as:
Name of Subdivision f? ?.i/ n c r? :v , n t n r c Phase X?
Lot # Modt!` 4.1 e-e
_
Street Address /ff4"^ a' s [? a ri t t,n t
in the 4 f 7 a of sue , 1a ti'
County in the Commouwealth of Pennsylvania, Zip Code / r?rJ r
Identification (e g., Tax ID#; Parcel #; Lot and Block; Plan Book Volume, Page; Deed Book, Page, Recording Date)
3. PURCHASE PRICE (11-00)
(A) Total Purchase Price-:Z
which will be paid to Seller by Buyer as follows:
(B) Base Price
(C) Lot Premium, if any
(D) Total Options/Extras/Alterations (see attached addendum)
TOTAL PURCHASE PRICE
$ ?? f 7
4. PAYMENT TERMS (11-00)
(A) Cash or check at signing this Agreement: !? "t'P?r.. u ?T° $
(B) Cash or check within days of the execution of this Agreement: $
(C) Non-refundable pre-paid optionalextras/alterations paid to Seller on or before $
(D) $
(E) Cash, cashier's or certified check at time of settlement: $
TOTAL PURCHASE PRICE Sty a?1
(F) Deposits paid on account of purchase price to be held by Listing Broker, unless otherwise stated here: --
(G) Seller's written approval to be on or before:
(H) Conveyance from Seller will be by fee simple deed of special warranty unless otherwise stated here:
(1) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here: --
(J) At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing where applicable: taxes;
rents; condominium fees and homeowner association fees, if any; water and/or sewer fees, if any, together with any other lienable munici-
pal service. The charges are to be pro-rated for the period(s) covered: Seller will pay up to and including the date of settlement; Buyer will
pay for all days following settlement, unless otherwise stated here:
5. SCHEDULE OF CONSTRUCTION (11-00) JJ
(A) Commencement Date: Seller estimates that Seller will commence construction on or about } ?PM1 N fr t??OLJ?? . Seller
reserves the right to delay commencement of construction until Buyer has received and signed a valid mortgage commitment in accordance
with Paragraph 7. } r
(B) Completion Date: Seller estimates completion of construction on or about I1 ?'.41k& 5 o;?Q a-1-S Buyer
hereby acknowledges that the above estimated time of completion on the part of Seller is made as an acommodation to Buyer to assist Buyer
in formulating future plans. However, if commencement, completion, and/or settlement are delayed due to inclement weather, strikes, delays
in issuance of permits, unavailabilty of labor or materials, or any other reason beyond Seller's control, such times and settlement hereunder
will be automatically extended accordingly, and time is not deemed to be of the essence.
)
(C) Settlement: Settlement hereunder will be held on a date which is within 10 days (unless otherwise specified here
after Seller supplies Buyer with a written notice of settlement. However, at the time of settlement, the house and premises will have been
substantially completed. If the municipality or govemmental authority, requires a Use & Occupancy permit, Seller will provide one at
settlement.
6. SPECIAL PROVISIONS (IF ANY)
Buyer Initi als:
Pennsylvania Association of
® REALTORS'e
erntrcu• m,wx•a.arw.•M....,a.+.
66
A/S-NC Page I of 6 Seller Initials:
COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS®2008
Vol
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TV 1. ZWELAAL ULAU61SS(1 t-UU)
68 (A) bBuyer and Seller have received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336. ss
69 {B) Cr] Buyer and Seller have received, a statement.of:their:respectiveestimatedclosing- costs before signing this Agreement. 69
70 (C) ..[]Buyer has received the Deposit Money Notice (for cooperative sales when Listing Broker is holding deposit money) before signing this 7n
71 -: -- Agreement. 71
72 (D) Buyer has received the Seller's Property Disclosure Statement before signing this Agreement, if required by law. Note: The Seller's 72
73 Property Disclosure Act does not require a. disclosure-form when: 73
74 1. A one-year written warranty covering the constroction will be provided, 74
75 2. The building will be inspected for compliance with the applicable building code cr,.if bone, a nationally` recognized'model'building 75
76 code; AND 16
77 3. A certificate of occupancy or a certifieAe'of code compliance will be issued for the dwelling. 77
78 (E), The following are part of this Agreement if checked: 78
79 ? Sale_& Settlement of Other Property - ? Settlement of Other Property Contingency Addendum (PAR Form 133) 79
a0Contingency Addendum (PAR Form 130) ? 90
Bt - _ ?.. Sale.& Settlement of Other Property , Contingency. ?... _ _ _ 81
02 with Right to Continue Marketing Addendum . _- .. ?. _ 82
33 (PAR Form 131) 83
e4 ....._(F) The-following exhibitsare made part of this Agreement If checked:- - 84
85 X Plot Plan of Lot g Options/Extras/Alterations 85
86 House Plan/Floor Plan/Elevation ? New Construction Warranty 06
87 ? Floor Plan Reversed Restrictive Co nants/Deed Restrictions - 87
es p Other 88
89 p Building Specifications ? s9
99 ?( Standard Features ? 90
91 .. .. 91
92 8. MORTGAGE CONTINGENCY (1-00) 92
93 ? WAIVED. This sale is NOT contingent on mortgage financing. 93
94 X ELECTED. 94
95 - .(A) This sale is contingent upon Buyer obtaining mortgage financing as follows: 96
95 1. Amount of mortgage loan 96
years 97
97 2. Minimum Term -.7()
9s 3. Type of mortgage i:'A fl' - - 98
99 4. Interest rate ,4:?: ! however, Buyer agrees to accept the interest rate as may be committed by the mortgage lender, not to 99
100 exceed a maximum interest rate of 100
101 5. Discount points, loan origination, loan placement and other fees charged by the lender as a percentage of the mortgage loan (excluding 101
102. any mortgage insurance premiums or VA funding fee) not to exceed %.of the mortgage loan. 102
103 The interest rate and fees provisions requited by Buyer are satisfied if a mortgage lender makes available to Buyer the right to guarantee an 103
194 interest rate at or below the Maximum Interest Rate specified herein with the percentage fees at or below the amount specified herein. Buyer 104
105 gives Seller the right, at Seller's sole option and as permitted by the lending institution and applicable laws, to contribute financially, without 105
196 promise of.reimbursement, to the Buyer and/or lender to make the above terms available to Buyer. 106
107 (B) Within 10 days of the execution of this Agreement, Buyer will make it completed, written mortgage application to a responsible mortgage lend- 107
108 ing institution. The Selling Broker, if any, otherwise the Listing Broker, is authorized to communicate with the lender for the purposes 108
109 of assisting in the mortgage loan process. 109
110 (C) 1. Upon receipt of a mortgage commitment, Buyer and/or Selling Broker will promptly deliver a copy of the commitment to Listing Broker, 110
111 if any, otherwise to Seller. 111
112 2. Mortgage commitment date if a written commitment is not received by 112
113 Listing Broker, if any, otherwise by Seller, by the above date, Buyer and Seller agree to extend the commitment date until Seller ter- 113
114 minates this Agreement in writing. 114
115 3. Seller has, the option to terminate-this Agreement in writing, on or, after the mortgage commimunt.date; if.the.mortgage commitment: 115
116 a. Is not valid until the date of settlement, OR 116
117 b. Is conditioned upon the sale and settlement of any other property, OR 117
its c. Contains any other condition not specified in this Agreement. 11 s
119 4. In the event Seller does not temtinate this Agreement as provided above, Buyer has the option to terminate this Agreement in writing if 119
128 the mortgage commitment: - 120
121 a. Is not obtained by or valid until the date of settlement, OR t21
122 b. Is conditioned upon the sale and settlement of any other property which do not occur by the date of settlement, OR 122
123 c. Contains any other condition not specified in this Agreement which Buyer is unable to satisfy by the date of settlement. 123
124 5. If this Agreement is terminated as specified in paragraphs 8 (C) (2), (3) or (4), all deposit monies paid on account of purchase price will 124
125 be returned to Buyer. Buyer will be responsible for any premiums for mechanics lien insurance and/or tide search, or fee for cancellation 125
126 of same, if any; AND/OR any premiums for flood insurance and/or fire insurance with extended coverage, insurance binder charges or 125
127 cancellation fee, if any; AND/OR any appraisal fees and charges paid in advance to mortgage lender. 127
123 (D) Seller will not be responsible to Buyer or Buyer's mortgage lender to escrow any funds for any reason. In the event Buyer's mortgage lender 128
129 requires an escrow of funds as a condition to complete settlement, then Buyer agrees to provide such escrow funds and complete settlement 129
130 hereunder as specified in this Agreement. This paragraph will survive settlement. - 130
131 (E) Seller Assist 131
132 ?V, NOTAPPLICABLE 132
133 ? APPLICABLE. Seller will pay: 133
134 ? $ , maximum, toward Buyer's costs as pennitted.by the mortgage lender. 134
135 ? 135
136 136
137 FRA/VA, IF APPLICABLE 137
138 (F) It is expressly agreed that notwithstanding any other provisions of thi onuact, Buyer will not be obligated to complete the purchase of the 138
139 Property described herein or to incur any penalty by forfeiture of ear money deposits or otherwise unless Buyer has been given, in actor- 139
140 dance with HUD/FHA or VA requirements, a written statement the Federal Housing Commissioner, Veterans Administration, or a Direct 149
141 Endorsement bender setting forth the appraised value of the perry of not less than $ (the dollar amount to be 141
142 inserted is the sales price as stated in the Agreement). Buy will have the privilege and option of proceeding with consummation of the con- 142
143 tract without regard to the amount of the appraised valu>tiom The appraised valuation is arrived at to determine the maximum mortgage the 143
144 Department of Housing and Urban Development w0-sure. HUD does not warrant the value nor the condition of the Property. Buyer should 144
145 satisfy himself/herself that the price and conditio of the Property arc acceptable. 145
146 `- ,/i ??.-• // 146
147 Buyer Initials: A/S-NC Page 2 of 6 Seller InitiaU: ?? - 147
1\ V 111..L' J H1V1J 1tVt.' V.ttAVit111V1\
NOTICE TO BUYERS SEEKING MORTGAGE FINANCING
The appraised value of the Property is used in determining the maximum amount of the loan and may be different from the purchase price and/or market
value.
NOTICES AND INFORMATION ON PROPERTY CONDITION INSPECTIONS '
U.S. Department of Housing and Urban Development
FHA Loans:
For Your Protection: Get a Home Inspection
,3i!x-,,? 'tf1?"
What the FHA Does for Buyers ... and What We Don't Do
What we do: FHA helps people become homeowners by insuring mortgages for lenders. This allows lend to, mull first-time buyers and
others who may not qualify for conventional loans. Because the FHA insures the loan for the lender, th ays.h f 6'wn-payment.
What we don't do: FHA does not guarantee the value or condition of your potential new horne.'if jrdt imd p4erns with bur new -home after closing, we
cannot give or lend you money for repairs, and we cannot buy the home back from you.
That's why it is so important for you, the buyer, to get an independent home inspection. Before you sign apcohtraetl ask a qualified home inspector to inspect
your potential new home and give you the information you need to make a wise decision.
Appraisals and Home Inspections are Different
As part of our job insuring the loan, we require that the lender conduct an PHA appraisal. An appraisal is different from a home inspection. Appraisals are
for lenders; home inspections are for buyers. The leddet does an appraisal f6r,diree reaeont
• To estimate the value of a house -
• To make sure that the house meets FHA minimum property standards
• To make sure that the house is marketable
Appraisals are not home inspections.
Why a Buyer Needs a Home Inspection
A home inspection gives the buyet, more detailed information than an appraisal - information you need to make a wise decision. In a home inspection, a qual-
ified inspector takes an in-depth, unbiased look at your potential new home to:
Evaluate the physical condition: structure, construction, and mechanical systems
• Identify items that need to be repaired or replaced
• Estimate the remaining useful life of the major systems, equipment, structure, and finishes
What Goes into a Home Inspection
A home inspection gives the buyer an impartial, physical evaluation of the overall condition of the home and items that need to be repaired or replaced. The
inspection gives a detailed report oti the condition of the structural components, exterior, roofing, plumbing, electrical, heating, insulation and ventilation, air
conditioning, and interiors.
Be an Informed Buyer
It is your responsibility to be an informed buyer. Be sure that what you buy is.satisfactory in every respect. You have the right to carefully examine your
potential new home with a qualified home inspector. You should arrange to have a home inspection.before you purchase your home. Make sure your contract
states that the sale of the home depends on the inspection.
If you believe you have been subject to discrimination because of your race, color, religion, sex, handicap, familial status, or national origin, you should call
the HUD Fair Housing and Equal Opportunity Complaint Hotline: (800) 669-9777.
This statement must be delivered to you at the time of initial loan application. Return one copy to your lender as proof of notification and keep one copy for
your records.
You, the borrower(s), must be certain that you understand the transaction. Seek professional advice if you are uncertain.
ai4;, warning: aecuon toiu or true io, u.3.u., Department or nousmg/mlu arum, vevelupa-H. anu reuerm nuusmg nuuuwsgnuvn
,149 Transactions, provides, "Whoever for the purpose of . influencing ip"any way the action of such Department, makes,,passes, utters, or pub-
a 156 " fishes any statement, knowing the same to be false , .. shall be figed under this tide or imprisoned not more than two.years, or both."
t 651 :{G)>.U,S. Department of Housing and Urban Development (HUIS) NOTICE TOTURCHASERS:
152; - Buyer's Acknowledgement //? : ?..
.153 - - ? . Buyer has received the HUD. Notice "For, Your.P?btection: Get a-Home Inspection" (see Notices and Information on Property Condition
154 Inspections). Buyer understands the importance of getting an independent home inspection and has thought about this before signing this
155 Agreement. ,
155 Buyer's Initials Date
157 (H) Certification We the undersigned, StUf& and Buyer(s) party to this transaction each certify that the terms of this contract for purchase are
158 - true to the best of our knowledge and b&ef, and that any other agreement entered into by any of these parties in connection with this mmsac-
159 "lion is attached to this Agreement.
160 9. INSPECTIONS. .(11-00)
161 (A) Seller hereby agrees to permit inspections by Buyer accompanied by a Seller's represemative, and by others as may be required by the lending
162 institutions, governmental authorities, or insuring agencies. Seller further agrees to permit any other inspections required by or provided for in
163 the terms of.this Agreement. .: .". _
164 (B) Pre-settlement Inspection - -
165 1. Buyer reserves the right to make a pre-settlement walk-through inspection of the Property when the Property is substantially complete.
166 Seller will "notify Buyerprior to settlement of the date and time of Buyer`s pre-settlement walk-through inspection of the Property.
167 2. At the pre-settlement inspection; Buyer and Seller will complete and sign a list of items (punch list) to be completed; modified, or replaced
169 within thirty (30) days after settldtnent. Items'that cannot be completed, modified,' or replaced within 30 days of settlement due to events
169 beyond Seller's reasonable control will be completed by Seller as soon as is reasonably possible, not to exceed one year or _ days
170 after settlement- This paragraph will survive settlement.
171 3. Buyer's failure to inspect the Property on the date of the scheduled pre-settlement inspection or Buyer's failure to complete and sign the
172 pre-settlement inspection form constitutes a waiver of Buyer's right to inspect the Property, and Buyer will accept the Property at settle-
173 ment in its then present condition without obligation of modification or replacement.
174 4. Buyer's right to make this inspection is not waived by any other provision of this Agreement.
175 "5. Seller will have heating and all utilities (including fuel(s)) oil for the pre-settlement walk-through inspection.
176 10. WOOD INFESTATION CONTINGENCY (11 00)
177 Seller will provide evidence that there are no wood-boring insects on the Property, if iequired by leader. If a wood infestation inspection is
178 required, Buyer agrees to reimburse Seller for the cost of the inspection. If active infestation(s) exists, Seller agrees, at Seller's expense and
179 before settlement,. to treat for active infestation(s), in accordance with applicable. laws..
18o 11. RADON CONTINGENCY (11-00)
181 ? Seller will not install preparatory work for a radon mitigation system. (See Radon Notice)
182 Cd"Seller will install preparatory work for a radon.midgation system. (See Radon Notice)
183 .. :.
184
195 12. STATUS OF WATER (11-00)
186 Seller represents that at time of settlement this property will be served by:
167 S2 Public Water' Name of Service Provider -T : "7"?{+ai v l^f EI t
lee ? On-site Well Water which meets applicable governmental slanderds
169 ? Community Water
190 ? ..
191 13. STATUS OF SEWER (11-00)
192 Seller represents that property is served by:
193 Public Sewer - Name of Service Provider "
19a f? -Individual On-lot Sewage Disposal System (See Sewage Notice 1)
in ? Community Sewage Disposal System
196 ? ' Holding Tank (See Sewage Notice 3)
197 ?
198 14. NOTICES, ASSESSMENTS & GOVERNMENT REQUIREMENTS.(11-00)
1 99 (A) Seller represents as:of Seller's execution of this Agreement, that no public improvement, condominium or homeowner association assessments
200 have been made against the Property which remain unpaid and that no notice by any government or public authority has been served upon Seller
201 or anyone on the Seller's behalf,: including notices relating to violations of zoning, housing, building, safety or fire ordinances which remain
202 uncorrected, and that Seller knows of no condition that would constitute violation of any such ordinances which remains uncorrected, unless
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205 (B) Seller knows of no other potential notices, (including violations) and assessments except as follows: - 205
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207 (C) Seller will be responsible for any notice of improvements or assessments received on. or before the date of settlement.
206 (D) Buyer.is advised that access to a public road may require, issuance of a highway occupancy permit from the Department of Transportation.
He (E) All necessary permits will be obtained and paid for by Seller prior to settlement.
218 (F) 'Seller will comply with all restrictions and requirements imposed by any governmental authorities.
211 15:" TITLE, SURVEYS, & COSTS (11-00):
212 (A) The Property is to be conveyed fire and clear of all liens; encumbrances, and easements, EXCEPTING HOWEVER the following: existing
213 deed restrictions; historic preservation restrictions or ordinances, building restrictions, ordinance4,,sasements of roads, easements visible upon
214 the ground, easements of record; privileges or rights of public service companies, if any; otherwise the title to the above described real estate
215 will be good and marketable and such as will be insured by a reputable Title Insurance Company at the regular rates. -
215 (B) In the event Seller is unable to. give a_good and marketable title and such as will be insured by a reputable Title Company at the regular rates,
217 as specified in paragraph 15(A), Buyer will have the option of taking such title as Seller can give without changing the price or of being repaid
218 all monies paid by Buyer to Seiler on account of purchase price and Seller will reimburse Buyer for any costs incurred by Buyer for those items
219 - specified. in paragraph 15(C) and in paragraph 15(D) items (1); (2), (3); and in the latter event there will be no. further liability or obligation on
220 either of the parties hereto and this Agreement will become VOID. -
221 (C) Any survey or surveys which may be required by the Tine Insurance Company or the abstracting attorney, for the preparation of an adequate
222 legal description-of the Property (or the correction thereof), will-be secured and paid for by Seller.
223 (D) Buyer will pay for the following: (1) The premium for mechanics lien insurance and/or tide search, or fee for cancellation of same, if any;
224 (2) The premiums for flood insurance and/or fire insurance with extended coverage, insurance binder charges or cancellation fee, if any;
225 (3) Appraisal fees and charges paidin advance to mortgage lender, if any; (4) Buyer's customary settlement costsand accruals; (5) Initiation
225 fee or capital funding. fee, if any: $
227
228 Buyer Initials: C ? A/S-NC Page 3 of 6 Seller Initials:' i
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Property Inspection: A general inspection of the Property can be performed' by a professional contractor or home inspection service and may include
inspections of: structural components; roof; exterior windows and exterior doors; exterior siding, fascia, gutters, and downspouts; appliances; electrical,_
plumbing, heating, and cooling systems; water penetration; and any other items Buyer may select. Inspections or certifications might include: Environmental
Hazards (e.g., Asbestos, Ureaformaldehyde Foam Insulation, Underground Storage Tanks, etc.), Electromagnetic Fields, Wetlands Inspection, Flood Plain
Verification, Property Boundary/Square Footage Verification, and say other items Buyer may select. Buyer is advised to investigate easements, deed and use
restrictions (including any historic preservation restrictions of ordinances) that apply to the Property and to review local zoning ordinances.
Flood Plains: If the Property is located in a flood plain, Buyer may be required to carry additional insurance.
Property Boundary / Square Footage: Buyer is advised that Seller has not had the Property surveyed and that any fences, hedges, walls and other natural
or construct8d barriers may or may not represent the true boundary lines of the Property. Buyer is alsoadvised that any numerical representations of square
footage of the svucture(s) and/or lot size are approximations only and may be inaccurate. Buyer is advised to engage a professional surveyor or obtain an
independent measurement of the structure(s) and/or lot size if the Buyer wishes to make this sale contingent on Buyer's approval of the Property's bound-
aries or square footage.
Water Service: Buyer may elect to have the water service inspected by a professional water testing company. In addi to water service systems
may have to meet certain quality and/or quantity requirements set by the municipality or the lender.
Wood-Destroying Insect Infestation: Insects whose primary source of food is wood, such as termites, g . ts, carpenter bees,
and certain other insects, can cause damage to the wood structure of a residence. Termite and Pest anies ab a inspections to
determine whether wood-destroying insects are present. Because of the way these insects function, to ay ful selection should
be made of skilled experts in the termite/pest control field to insure a proper determination- he inset + t damage is present.
r.
NT
ENVIRONME
Electromagnetic Fields: Electromagnetic Fields (EMFs) occur around, ec fiances wer onclusive evidence that EMFs pose health
risks does not exist at present, and Pennsylvania has no laws re in - ue.
Environmental Hazards: The U.S. Environmental ncy h lances, the use and disposal of which are restricted by law.
Generally, if hazardous substances are found on a e prope . 's responsibility to dispose of them properly. For mom information and
a list of hazardous substances, contact U.S. Enviro al n Agencyr 'os Building, 1200 Pennsylvania Ave., N.W., Washington, D.C. 20460,
(202) 260-2090.
Wetlands: Wetlands are protecte th they and stale ?Vttments. Buyer may wish to have the Property inspected for wetlands by an environ-
mental engineer to det, " if for plan T d, improve, or develop the property would be affected or denied because of wetlands. .
Radon: Ra ot3? a aced in the ground by the normal decay..of uranium and radium. Studies indicate that extended expo-
sure to hig in sk of lung cancer. Radon can find its way into any air-space, including basements and crawl spaces and
can permeate nvironmental Protection Agency (EPA) advises corrective action if the annual average exposure to radon exceeds 0.02
working levels.: c f a house has a radon problem, if usually can be cured by increased ventilation and/or by. preventing radon entry. Any
l:-
person who tests h es, or eguards a building for radon in Pennsylvania must be certified by the Department of Environmental Protection. Information
about radon and a t{fied testing or mitigation firms is available through Department of Environmental Protection, Bureau of Radiation Protection, 13th
Floor, Rachel Carsotf fate Office Building, P.O. Box 8469, Harrisburg, PA 17105-8469, (800) 23RADON or (717) 783-3594.
SEWAGE NOTICES
NOTICES PURSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT
NOTICE 1: THERE IS NO CURRENTLY EXISTING COMMUNITY SEWAGE SYSTEM AVAILABLE FOR THE SUBJECT PROPERTY.
Section 7 of the Pennsylvania Sewage Facilities Act provides that no person will install, construct, request bid proposals for construction,
alter, repair or occupy any building or sttucture for which an individual sewage system is to be installed, without first obtaining a permit.
Buyer is advised by this notice that, before signing this Agreement, Buyer should contact the local agency charged with administering
the Act to determine the procedure and requirements for obtaining a permit for an individual sewage system. The local agency charged
with administering the Act will be the municipality where the Property is located or that municipality working cooperatively with others.
NOTICE 2: THIS PROPERTY IS SERVICED BYAN INDIVIDUAL SEWAGE SYSTEM INSTALLED UNDER THE TEN-ACRE PERMIT
EXEMPTION PROVISIONS OF SECTION 7 OF THE PENNSYLVANIA SEWAGE FACILITIES ACT. (Section 7 provides that
a permit may not be required before installing, constructing, awarding a contract for construction, altering, repairing or connecting to an
individual sewage system where a ten-acre parcel or lot is subdivided from a parent tract after January 10, 1987.) Buyer is advised that
soil and site testing were not conducted and, that, should the system malfunction, the owner of the Property or properties serviced by the
system at the time of a malfunction may be held liable for any contamination, pollution, public health hazard or nuisance which occurs
as a result.
NOTICE 3: THIS PROPERTY IS SERVICED BY A HOLDING TANK (PERMANENT OR TEMPORARY) TO WHICH SEWAGE IS
CONVEYED BY A WATER CARRYING SYSTEM AND WHICH IS DESIGNED AND CONSTRUCTED TO FACILITATE
ULTIMATE DISPOSAL OF THE SEWAGE AT ANOTHER SITE. Pursuant to the Pennsylvania Sewage Facilities Act, Seller must
provide a history of the annual cost of maintaining the tank from the date of its installation or December 14, 1995, whichever is later.
NOTICE 4: AN INDIVIDUAL SEWAGE SYSTEM HAS BEEN INSTALLED AT AN ISOLATION DISTANCE FROM A WELL THAT IS
LESS THAN THE DISTANCE SPECIFIED BY REGULATION. The regulations at25 Pa. Code §73.13 pertaining to minimum hor-
izontal isolation distances provide guidance. Subsection (b) of §73.13 states that the minimum. horizontal isolation distance between an
individual water supply or water supply system suction line and treatment tanks shall be SO feet. Subsection (c) of §73.13 states that the
horizontal isolation,distance between the individual' water supply or water supply system suction We and the perimeter of the absorption
area shall be 100 feet.
NOTICE 5: THIS LOT IS WITHIN AN AREA IN WHICH PERMIT LIMITATIONS ARE IN EFFECT AND IS SUBJECT TO THdSE LIM-
ITATIONS. SEWAGE FACILITIES ARE NOT AVAILABLE FOR THIS LOT AND CONSTRUCTION OFA STRUCTURE TO
BE SERVED BY SEWAGE FACILITIES MAY NOT BEGIN UNTIL THE MUNICIPALITY COMPLETES A MAJOR PLAN-
NING REQUIREMENT PURSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT AND REGULATIONS PRO-
MULGATED THEREUNDER.
NOTICE 6: A REQUIRED RE S'ISION FOR NEW LAND DEVELOPMENT; ORAN EXCEPTION TQ THE REQUIREMENT TO REVISE,
OR A REQUIRED SUPPLENIENT HAS NOT BEEN APPROVED FOR THIS LOT. SEWAGE FACILITIES ARE NOT AVAIL-
ABLE FOR THIS LOT AND SEWAGE FACILITIES WILL NOT BE AVAILABLE, NOR MAY CONSTRUCTION BEGIN
UNTIL SEWAGE FACILITIES PLANNING HAS BEEN APPROVED PURSUANT TO THE PENNSYLVANIA SEWAGE
FACILITIES ACT AND REGULATIONS PROMULGATED THEREUNDER.
761. sir a,u7... nu„ o.a.,..w - uum ?uw.nmvu P.- w.a n uo.un.u mu. a e g.aumg P.aua, --u% u,c --vu win wuww v. we w. acing Pu.. •_ce
d30'. chased,. storm. drainage plans including piping. and easements, alluvial . soils,. conservation. easements, wetlands, or 100 year flood plain condi- 239
'0231 lions on or surrounding Buyer's lot. 231
a 132 .16. ZONING CLASSIFICATION (11-00) 232
233 Failure of this Agreement to contain the zoning classification (except in cases.where the property (and each parcel thereof, if subdividable I is zoned 233
234 solely or primarily to permit single-family dwellings) will render this Agreement voidable at the option of the Buyer; and, if voided, any deposits ten- 234
235 dered by the Buyer will. be eLumed to the Buyer without any requirement for court action, 235
Zoning Classification:
236 236
17. LANDSCAPING& D WAY (11-00)
237 (A) Seller will attempt to preserve as many of the existing trees or shrubs as reasonably possible during the construction of the improvements and 237
238 house on the premises. It is expressly agreed that Seller does not guarantee or warrant the survival of any trees or shrubs existing on the premises. 238
239 prior to construction. Any.existing trees or shrubs that may die after settlement are the sole. responsibility of Buyer. Seller will be responsible . 239
249 to grade and seed the disturbed areas only. Any soil washouts from rain or melting snow or burnouts due to droughts after settlement are the 240
241 sole responsibility of Buyer. As to the quality, or quantity of the.growth of grass, it will be Buyer's responsibility to water,. fertilize and reseed. 241
242 as necessary after settlement: - 242
243 (B) Buyetacknowledges that, due to adverse weather conditions and other events beyond Seller's reasonable control, items including the driveway 243
244 surface, grading and seeding, exterior painting or staining, and exterior concrete surfaces may not be completed at time of settlement. Unless 244.
245 otherwise agreed, no portion of the purchase price or option payments will be placed in an escrow account or withheld from Seller at settlement 245
246 to compensate for incomplete items. Seller will complete the items within a reasonable time after settlement as weather conditions permit. 246
247 (C) This paragraph will survive settlement.
18. SUBSTITUTIONS (i1-00) 24
0
24a BUYER AND SELLER ACKNOWLEDGE THAT THE BUILDINGS AND IMPROVEMENTS ON THE PREMISES WILL BE SUB- z48
249 STANTIALLY SIMILAR TO THE ESTABLISHED BUILDING SPECIFICATIONS. BUYERALSOACKNOWLEDGES THATSELLER 249
258 HAS THE RIGHT TO MAKE SUBSTITUTIONS OF MATERIALS OR PRODUCTS OF SUBSTANTIALLY EQUAL OR BETTER 250
251 QUALITY AT SELLER'S SOLE DISCRETION, AND THAT ACTUAL MATERIALS AND PRODUCTS MAY VARY FROM SAMPLE 251
252 MATERIALS AND PRODUCTS. 252
253 19. COAL NOTICE 253
254 THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHTS OF SUP- 254
255 PORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH 255
256 COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL SUCH COAL AND IN THAT CONNECTION, DAMAGE MAY 256
257 RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. (This notice 257
258 is set forth in the manner provided in Section 1 of the Act of July 17, 1957, P.L. 984.) "Buyer acknowledges thathe may not be obtaining the right 258
259 of protection against subsidence resulting from coal mining operations, and that the property described herein may be protected from damage due to 259
mine subsidence by a private contract with the owners of the economic interests in the coal. This acknowledgement is made for the purppse of corn-
258 plying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966." Buyer agrees to 250
261 sign the deed from Seller which deed will contain the aforesaid provision. 201
262 20. POSSESSION (11-00) 202
263 Possession is to be delivered by deed, keys and physical possession to a clean building. The lot and building(s) will be free of debris at day and time 263
264 of settlement. 204
265 21. RECORDING (3-85) This Agreement will not be recorded in the Office for the Recording of Deeds or in any other office or place of public record 265
266 and if Buyer causes or permits this Agreement to be recorded, Seller may elect to treat such act as a breach of this Agreement. 266
267 22. ASSIGNMENT (3-85) This Agreement will be binding upon the parties, their respective heirs, personal representatives, guardians and successors, 267
268 and to the extent assignable, on the assigns of the parties hereto, it being expressly understood, however, that Buyer will not transfer or assign this z08
Agreement without the written consent of Seller.
2fi9 23. DEPOSIT & RECOVERY FUND (1-00) 260
270 (A) Deposits paid by Buyer within 30 days of settlement will be by cash, cashier's or certified check. Deposits, regardless of the form of payment 270
271 and the person designated as payee, will be paid to individual identified in paragraph 4(F), who will retain them in an escrow account until con- 271
272 summation or termination of this Agreement in conformity with all applicable laws and regulations. Any uncashed check tendered as deposit 272
273 may be held pending the acceptance of this offer. 273
274 (B) In the event of a dispute over entitlement to deposit monies, a broker holding the deposit is required by the Rules and Regulations of the State 274
275 Real Estate Commission (49 Pa Code §35.327) to retain the monies in escrow until the dispute is resolved. In the event of litigation for the 215
276 return of deposit monies, a broker will distribute the monies as directed by a final order of court or the written Agreement of the parties. Buyer 270
277 and Seller agree that, in the event any broker or affiliated licensee is joined in litigation forthe return of deposit monies, the attorneys' fees and 277
278 costs of the broker(s) and licensee(s) will be paid by the pally joining them. 278
279 (C) A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real estate 279
licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been unable to collect the judgment after exhaust-
288 288
ing all legal and equitable remedies. For complete details about the Fund, call (717) 783-3658, or (800) 822-2113 (within Pennsylvania) and
zet 281
(717) 783-4854 (outside Pennsylvania).
282 24. CONDOMINIUM/PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) PUBLIC OFFERING STATEMENT (1-00) 282
283 ? NOTAPPLICABLE 203
.284 ? APPLICABLE: CONDOMINIUM 284
285 (A) Buyer acknowledges that the Property is a unit of a condominium as defined by the Uniform Condominium Act Seller is a declarant of the con- 285
286 dominium and is required to provide Buyer with a public offering statement. (See Condomimium/Uniform Planned Community Notice for def- 280
287 initions of declarant, public offering statement, and condominium.) 287
288 (B) The delivery of the public offering statement must be made no later than the date the Buyer executes this Agreement. Buyer may cancel this 288
2b9 Agreement within fifteen (15) days afer receiving the public offering statement and within fifteen (15) days of receipt of any amendment to tile Z89
290 Statement that materially and adversely affects Buyer. 290
29t r1? APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) 291
(A) Buyer acknowledges that the Property is part of.a planned community as defined by the Uniform Planned Community Act. Seller is a declar-
292 ant of the planned community and is required to provide Buyer with a public offering statement (See Condommium(Uniform Planned 282
253 Community Notice for definitions of declarant, public offering statement, and planned community) 293
294 (B) The declarant must provide Buyer with a copy of the public offering statement and its amendments no later than the datt; Buyer executes this 294
295 Agreement. Buyer may cancel this Agreement within seven (7) days after receiving the public offering statement and within seven (7) days after 295
296 receiving any amendment to the contract that would materially and adversely affect Buyer. 296
297 25. MAINTENANCE & RISK OF LOSS (11-00) 297
290 Seller will bear risk of loss from fire or other casualties until time of settlement. In the event of damage by fire or other casualties to any property 258
299 included in the sale that is not repaired or replaced prior to settlement, Buyer will have the option of rescinding this Agreement and promptly recei- 299
300 mg all monies paid on account of purchase price or of extending settlement until such time as Seller can deliver the property in completed condition. 300
301 Buyer is hereby notified that Buyer may insure Buyer's equitable interest in this Property as of the time of execution of this Agreement 301
302 26' RELEASE (11-00) Buyer and Seller hereby release, quit clahn.and forever discharge ALL BROKERS, their LICENSEES, EMPLOYEES, 302
and any OFFICER or PARTNER of any one of them and any other PERSON, FIRM, or CORPORATION who may be liable by or through
303 them, from any and all claims, losses or demands, including, but not limited to, personal injuries and property damage and all of the con- 303
304 sequences thereof. This release will survive settlemeaL 304
305 27. REPRESENTATIONS (11-00) 306
309 (A) Buyer understands that any representations, claims, advertising, promotional activities, brochures, plans, building specifications, or warranties 306
307 made by Seller, Brokers, their licensees, employees, officers, or partners are not a part of this Agreement unless expressly incprptlyated or stated 397
308 in this Agreement /i 308
309 Buyer Initials: A/S-NC Page 4 of 6 Seller Initials- 309
The Uniform Condominium Act defines "condominium" as real estate, portions of which are designated for separate ownership and the remainder of which
is designated for common ownerships solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the corn-,%
mon elements are vested in the unit owners. ,,Fg!!??ffr' ",
The Uniform Planned Community Act defines "planned community" as real estate with respect to which a person, bXS? Ut4itership of an interest in
any portion of the real estate, is or may become obligated by covenant, easement or agreement imposed on the ownele Brest to„pay any amount for real
property taxes, insurance, maintenance, repair, improvement, management, administration or regulation nE iilt?drt o?ttY4$?i`_-outer than the portion
or interest owned solely by the person. The term excludes a cooperative and a condorrumum, but, u wo me or cotfatoRliRltiitl?F part of a planned
community. For the purposes of this definition, "ownership" includes holding a leasehold interest of mnFe than Z?years rncludtng'I k4al options, in real
estate. The term includes non-residential campground communities. A
A condominium or planned community may be created only by recordin a d on armed b e an ownership interest in the real
estate that will ultimately be transferred to the individual unit owneffi rso ns or e_ ' at eclaration is commonly referred as the
declarant. The Acts require that a declarant that sells a? a% 'rirt`?r - ;lane u t'provide the purchaser with a public offering
statement. , rts xr
A public offering statement mu protec urchaserffNblic offering statements may vary depending upon the nature of the condo-
minium or planned community 119 en twin a Vbpription of the condominium or planned community including types, numbers, and sched-
ule of commenceniO ple. n and s; the number of additional units that may be included; a description of options reserved
by the declarant to wt and t that withdraw would have; a description of the significant features of the declaration, by-laws, rules
and re'r,An`. 9 t get; the initial or special fees that Buyer may owe at closing; the terms and significant limitations of any
warranti Y t; yer's right to cancel following receipt of the Public Offering Statement; a description of how votes are allo-
cated am, r ther information as required by the Acts. If the condominium or planned community declaration provides that ownership or
occupancy of.hmis ruts m8y,, owned in time-shares, additional information is required to be in the Public Offering Statement, including a summary of the
special risks t in time-sharing.
Exemptions from the Uniform Condominium Act and Uniform Planned Community Act
When a Public Offering Statement is Not Required
A declarant is not required to provide the buyer of a condominium or planned community unit with a public offering statement under the following circum-
stances.
The transfer of the unit is a gratuitous transfer.
The transfer of the unit is required by court order.
The transfer of the result of a disposition by a government or a governmental agency.
The transfer of the unit is a the result of a disposition by foreclosure or deed in lieu of foreclosure;
The unit of the condominium is situated wholly outside of the Commonwealth and the contract was also executed outside of the Commonwealth.
uu7ca _--r- um. -- .cu uwueow,pmp...rcc., vun.o.a - p-m- my ,.v. --, - aaowmnen.. - me p.m , .nn...?o, ap,...... . ,v
3)l cations, o r such documents as have bearing on the nature and quality of the structures to be built by Seller. Furthermore, Brokers, their licensees, a r t
1312 employees, officers, and partners make no representation with respect to permits or such other evidence of government approval for the con- 312
-313 struction of the structures to be built by Seller, of the environmental conditions, the permitted uses, the financial condition of Seller, or the con- 313
314 ditions existing in the locale where the property is situated; nor have they made an inspection of the components, appliances, systems, or con- 314
315 sumer products to be installed in or about the Property. - 315
315 (C) It is further understood that this Agreement contains the whole Agreement between Seller and Buyer and there are no other terms, obligations, 316
317 covenants, representations, statements or conditions; oral or otherwise of any kind whatsoever concerning this sale. Furthermore, this Agreement 317
318 will not be altered, amended, changed, or modified except in writing executed by the parties. 318
319 (D) The headings, captions, and, line numbers in this Agreement are meant only to make it easier to find the paragraphs. 314
320 28. WARRANTIES (11-00) 320
321 (A) Assignment of Manufacturer's Warranties: Seller hereby assigns to Buyer the manufacturer's warranties on all appliances, equipment, and 321
322 other consumer products to be installed in or on the Property. Copies of these warranties will be delivered to Buyer. Seller makes no warranties, 322
323 representations, or guarantees, with respect to the appliances, equipment and consumer products and all such warranties, representations, and 373
324 guarantees are hereby disclaimed. The sole remedy of Buyer as to any such items will be to make such claims as are appropriate under the man- 324
325 ufacturer's warranties. . . 325
326 (B) Limited Warranty: Except as set forth in any limited warranty that may be provided. herewith, SELLER MAKES NO OTHER REPRE- 326
321 SENTATIONS OR WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THOSE 327
328 OF WORKMANLIKE CONSTRUCTION, HABITABILITY, DESIGN, CONDITION, QUALITY OR OTHERWISE AS TO THE 3z0
329 PROPERTY AND THE RESIDENCE AND OTHER IMPROVEMENTS CONSTRUCTED THEREON, AND SELLER HEREBY 329
330 EXPRESSLY DISCLAIMS ANY SUCH REPRESENTATIONS OR WARRAN'T'IES. Buyer hereby acknowledges and accepts such dis- 330
331 claimer and agrees to waive any and all rights Buyer may have by virtue of such representations and warranties. Except for the warranties pro- 331
332 vided by Seller, Buyer assumes the risk of any and all damage from the date of settlement, occurring in or appearing on the Property regardless 332
333 of the cause thereof Buyer's assumption of this risk is partially in consideration of the amount of the purchase price of the Property which is 333
334 lower than it would be if Seller was to be held responsible for any such risks by virtue of said expressed or implied representations or warranties. 334
335 29. TIME OF THE ESSENCE-DEFAULT (11-00) 335
336 Except as otherwise stated in this Agreement, the said time for settlement and all other times referred to for the performance of any of the obliga- 336
337 tions of this Agreement are hereby agreed to be of the essence of this Agreement. For the purposes of this Agreement, number of days will be counted 337
338 from the date of execution, by excluding the day this Agreement was executed and including the last day of the time period. Should Buyer: 338
339 (A) Fail to make any additional payments as specified in paragraph 4; OR ' 339
340 (B) Furnish false or incomplete information to Seller, Listing Broker, Selling Broker, or the mortgage lender, if any, concerning Buyer's legal or 340
341 financial status, or fail to cooperate in the processing of the mortgage loan application, which acts would result in the failure to obtain the 341
342 approval of a mortgage loan commitment; OR 342
343 (C) Violate or fail to fulfill and perform any other terns or conditions of this Agreement; 343
344 then in such case; Seller has the option of retaining all sums paid by Buyer, including the deposit monies and monies paid for options, extras, 344
345 and/or alterations, 1) on account of purchase price, or 2) as monies to be applied to Seller's damages, or 3) as liquidated damages for such 345
346 breach, as Seller may elect, unless otherwise checked below. 346
347 ? Seller is limited to retaining sums paid by Buyer, including deposit monies and monies paid for options, extras, and/or alterations, as liqui- 347
348 dated damages. 348
349 If Seller elects to retain all sums paid by Buyer, including deposit monies and monies paid for options, extras, and/or alterations, as liquidated dam- 349
350 ages, Buyer and Seller will be released from further liability or obligation and this Agreement will be VOID. 350
351 30. BROKERS (1-00) 351
352 The Business Relationships between the Broker(s) and Seller and Buyer are as follows, UNLESS a different relationship is checked below. 352
353 (A) The Listing Broker is Agent for Seller. 353
354 (B) The Selling Broker is Agent for Buyer. 354
356 (C) When the Listing Broker and Selling Broker are the same, the Broker is a Dual Agent. Dual Agency applies to all licensees, UNLESS there is 355
356 a Designated Agent(s) for Seller and a Designated Agent(s) for Buyer. If the same Licensee is designated for Seller and Buyer, the Licensee is 356
357 a Dual Agent. _ 357
358 A Business Relationship exists that 1s different from above, as follows: 358
359 ? The Selling Broker is the Agent/Subagent for Seller. 359
360 ? The Selling Broker is a Transaction Licensee. 360
361 ? The Listing Broker is a Transaction Licensee. 381
362 (D) Broker(s) may perform services to assist unrepresented parties in complying with the terms of this Agreement 352
353 31. MEDIATION (T-96) 303
364 ? NOT AVAILABLE 364
365 ? WANED. Buyer and Seller understand that they may choose to mediate at a later date, should a dispute arise, but that there will be no obli- 365
366 gation on the part of any party to do so. - - 386
367 ')p ELECTED 367
368 ' (A) Buyer and Seller will try to resolve any dispute or claim that may arise from this Agreement through mediation, in accordance with the Rules 368
369 and Procedures of the Home Sellers/Home Buyers Dispute Resolution System. Any agreement reached through a mediation conference and 369
370 signed by the parties will be binding. 370
371 (B) Buyer and Seller acknowledge that they have received, read, and understand the Rules and Procedures of the Home Sellers/Home Buyers 371
372 Dispute Resolution System. (See Mediation Notice.) 372
373 (C) This agreement to mediate disputes arising from this Agreement will survive settlement. 373
374 - - 374
375 r r: .. 375
376 376
377 - 371
370 378
379 379
380 380
381 381
362 382
383 303
384 384
385 385
386 386
367 381
388 , I 388
e /
389 389
3% Buyer Initials: a * \ A/S-NC Page 5 of 6 Seller Idtials:'r1 390
All dates and time limits set within this Agreement must be adhered to or this Agreement is breached. For the purposes of this Agreement, number of days
will be counted from the date of execution by excluding the day on which this Agreement was executed and by including the last day of the time period, The
date of execution is the date when Buyer and Seller have indicated full acceptance of this Agreement by signing and/or initialing it.
MEDIATION
DISPUTE RESOLUTION SYSTEM RULES AND PROCEDURES
1. Agreement of Parties The Rules and Procedures of the Dispute Resolution System (DRS) apply when the parties have agreed in writing to medi-
ate under DRS. The written agreement can be achieved by a standard clause in an agreement of sale, an addendum to an agreement of sale, or through
a separate written agreement.
2. Initiation of 1VIediation If a dispute exists, any party may start the mediation process by submitting a completed Request to Initiate Mediation DRS
Transmittal Form (Transmittal Form) to the local Association of REALTORSO (hereafter Administrator'). The Transmittal Form should be avail-
able through the Administrator's office. The initiating party should try to include the following information when sending the completed Transmittal
Form to the Administrator:
a. A copy of the written agreement to mediate if there is one , OR a request by the initiating party to have the Administrator contact the other par-
ties to the dispute to invite them to join the mediation process.
b. The names, addresses and telephone numbers of the parties involved in the dispute, including the name of every insurance company known to have
received notice of the dispute, or claim and the corresponding file or claim number.
c. A brief statement of the facts of the dispute and the damages or relief sought.
3. Selection of Mediator Within five days of receiving the completed Transmittal Form, the Administratvtinvill send each patty'to the dispute a copy
of the Transmittal Form and a list of qualified mediators and their fee schedules. Each party then has, ten days t6teview the list of;mediators, cross
off the name of any mediator to whom the party objects, and return the list to the Administrator .Tht Administrator will appoint the first available
mediator who is acceptable to all parties involved. f<, .
7 <
A mediator who has any financial or personal interest in the dispute or the results of the mediation cannot serve as mediator to that dispute, unless all
parties are informed and give their written consent.
4. Mediation Fees Mediation fees will be divided equally among the parties and will be paid before the mediation conference. The parties will fol-
low the payment terms contained in the mediator's fee scheAle.
5. Time and Place of Mediation Conference Within ten days of being appointed to the dispute, the mediator will contact the parties and set the date,
time and place of the mediation conference. The mediator must give at`least twenty days' advance notice to all parties. The mediation conference
should not be more than sixty days from the mediator's Appointment to the dispute.
.q
6. Conduct of Mediation Conference The parties attending ?hc mediation conference will be expected to:
a. Have the authority to enter into and sign-;a binding settlement to the dispute.
b. Produce all information required for the mediator to understand the issues of the dispute. The information may include relevant written materi-
als, descriptions of, Witnesses and the content of their testimony. The mediator can require the parties to deliver written materials and information
before,'the date, of the mediation conference.
The mediator presiding o,?er':-the conference:
a. Will ittiparti? cooddcfan orderly settlement negotiation.
b. Will hel 'the patties define the matters in dispute and reach a mutually agreeable solution.
c. Will have no authority to render an opinion, to bind the parties to his or her decision, or to force the parties to reach a settlement.
Formal rules of evidence will not apply to the mediation conference.
7. Representation by Counsel Any party who intends to be accompanied to the mediation conference by legal counsel will notify the mediator and
the other parties of the intent at least ten days before the conference.
S. Confidentiality No aspect of the mediation can be relied upon or introduced as evidence in any arbitration, judicial or other proceeding. This
includes, but is not limited to, any opinions or suggestions made by any party regarding a possible settlement; any admissions made during the course
of the mediation; any proposals or opinions expressed by the mediator; and any responses given by any party to opinions, suggestions, or proposals.
No privilege will be affected by disclosures made in the course of the mediation.
Transcripts or recordings of the mediation will not be allowed without the prior, written consent of all parties and the mediator.
Records, reports, and other documents received or prepared by the mediator or Administrator cannot be compelled by an arbitration, judicial, or other
proceeding, with the exception of an agreement that was reached in the course of mediation and signed by all the parties.
Neither the mediator nor the Administrator can be compelled to testify in any proceeding regarding information given or representations made either
in the course of the mediation or in any confidential communication.
9. Mediated Settlement When a dispute is resolved through mediation, the mediator will put the complete agreement in writing and all parties will
sign the written agreement within ten days of the conclusion of the mediation conference. Every reasonable effort will be made to sign the written
agreement at the end of the conference.
10. Judicial Proceedings and Immunity NEITHER THE ADMINISTRATOR, THE MEDIATOR, THE NATIONAL ASSOCIATION OF REAL-
TORS, THE PENNSYLVANIA ASSOCIATION OF REALTORS®, NOR ANY OF ITS MEMBER BOARDS, WILL BE DEEMED NECESSARY
OR INDISPENSABLE PARTIES IN ANY JUDICIAL PROCEEDINGS RELATING TO MEDIATION UNDER THESE RULES AND PROCE-
DURES, NOR WILL ANY OF THEM SERVING UNDER THESE PROCEDURES BE LIABLE TO ANY PARTY FOR ANY ACT, ERROR OR
OMISSION IN CONNECTION WITH ANY' SERVICE OR THE OPERATION OF THE HOME SELLERSMOME BUYERS DISPUTE RESO-
LUTION SYSTEM.
n 391 Buyer,ano setter acanowleage unit tney nave read ana Unaersmna me notices ana explanatory information set form in ttus agreement. 341
39,
r 393 Buyer acknowledges receiving a copy of this Agreement at the time of signing. 393
a 394 M
395 NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Return by facsimile transmission (FAX) of this 395
396 Agreement, and fill addenda, bearing the signatures of all parties, constitutes acceptance of this Agreement Parties to this transaction are advised 396
397 to consult an attorney before signing if they desire legal advice. 397
398
399
WITNESS ?'//> - ?terse-. BUYER 390
399
400 , SS #
Buyer DYame (print) 400
401 ,
Mailing Address 401
402 492
403 Phone #s (H) (4V) 403
404 FAX # E-Mail 404
405 _ 40.5
466 WITNESS - == BUYERS ' .:.r .z-_ DATE 406
407 BuyerName (printl ,. SS # 407
408 Mailing Address 400
409 409
410 Phone #s (H) (W) 410
411 FAX # E-Mail 411
412 412
413 WITNESS BUYER DATE 413
414 Buyer Name (print) SS # 414
415 Mailing Address 410
416 416
417 Phone #s (H) (VV) 417
418 FAX # E-Mail 418
419
J? 419
420 e? ,
Seller hereby approves the above contract this (date) , 420
421 and in consideration of the services rendered in procuring the Bt(er, Seller agr`us to pay the nam Listing Broker fee of .5T 421
422 of/from the herein specified sate price. In the event Buyer defaults hereunder, any, monies paid o mount w' divided a?C' 422
423 Seller, Listing Broker, but in no event will the sum paid to the L' g?rti t•tSS • rsss of the above specified Broker's fee. 423
424 i?
"--
- 424
425 ?r,i r
DATE,
WITNESS SELLER 425
426 Seller Name (print)% S# 426
427 Mailing Address 427
420 428
429 Phone #s (H) (W) 429
430 FAX # E-Mail 430
431 431
432 WITNESS SELLER DATE 432
433 Seller Name (print) SS # 433
434 Mailing Address 434
435 - 435
436 Phone #s (H). (W) 436
437 FAX # E-Mail 437
438 438
439 WITNESS SELLER DATE 439
440 Seller Name (print) - SS # 440
441 Mailing Address 441
442 442
443 Phone #s (H) (W) 443
444 FAX # E-Mail 444
445 445
445 Brokers'/Licensees' Certifications (check all that are applicable): 446
447 ? Regarding FHA Mortgages: The undersigned Licensees involved in this transaction, on behalf of themselves and their brokers, certify that 447
448 the terms of this contract for purchase ate true to the best of their knowledge and belief, and that any other agreement entered into by any of 448
449 these parties in connection with this transaction is attached to this Agreement.. 440
450 450
451 ? Regarding Mediation: The undersigned . ? Listing Broker ? Selling Broker agrees to submit to mediation in accordance with 451
452 paragraph 30 of this Agreement. 452
453
454 `?,? „--• r
LISTING BROKER (Com?am!) 453
454
455 ACCEPTED BY DATE '?"F• _/,}.,_ 455
456 456
457 SELLING BROKER (Company Name] 457
458. ACCEPTED BY ^ = ' ;ice . _ DATE 458
459 459
450 460
461 461
462 462
463 463
464 454
465 465
466 466
407
468 _
.-; :, .•."'1 '' i??,` 467
466
469 Buyer Initials:!- A/S NC Page 6 of 6 Seller Initials: 469
BROKER'S COPY
BUSINESS RELATIONSHIP
BETWEEN BROKER AND BUYER
BROKER (Company) REIMAX REALTY ASSOCIATES INC.
LICENSEE(S) '
Buyer has read and received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code 435.336
and the Notices to Buyers in this agreement. Pennsylvania law requires that this business relationship between Broker and
Buyer be in writing and signed by Buyer.
Note: 77re lesmt "buyer," "seller." and "buy" also Wit be construed to mean "tenant," Nondlond"aad "rent," msreeHrely Arougbout this agreement.
BUSINESS RELATIONSHIP AS DESCRIBED IN THE CONSUMER NOTICE
Does Buyer have a business relationship with another broker? ? Yes ? No
Broker and Buyer agree to the following business relationship as allowed by Broker's Company policy:
? SELLER AGENT (for properties listed with Broker)/SUBAGENT FOR SELLER (for properties listed with other companies).
? TRANSACTION LICENSEE (for properties not listed with Broker; however, if property is listed under an agency
contract with Broker, Broker is a Seller's Agent).
O• BUYER AGENT (for properties listed with Broker and other companies, and for properties not listed with any broker)
Broker will be Buyer's Agent under the terms agreed to in the Buyer Agency Contract below.
EXCLUSIVE BUYER AGENCY CONTRACT
1. TERM
This Contract applies to any property that Buyer chooses to buy during the term of this Contract. Buyer will not
enter into a Buyer Agency Contract with another brokerAicensee that begins before the Ending Date of this Contract.
Starting Date: This Contract starts when signed by Buyer and Broker, unless otherwise stated here:
i
Ending Date: This Contract ends
(A) If Buyer is negotiating or has entered into an Agreement of Sale, this Contract ends upon settlement.
(B) If Buyer is negotiating or has signed a lease, this Contract ends upon possession.
2. BROKER'S FEE
(A) It is Broker's policy to accept compensation offered by the listing broker and/or the seller. Broker may be paid a fee that
is a percentage of the purchase price (or in the case of a lease, a percentage of the total amount of rent due over the term
of the lease). Even though Broker's Fee may be paid by a seller or listing broker, Broker will continue to represent the
interests of Buyer. Special Instructions: rf
(B) If the amount received in paragraph 2(A) is less than f= • `. then Buyer will pay Broker
the difference.
(C) In addition to the above stated. "BROKER'S FEE" Buyer is responsible for the payment of a Transaction Fee in the
amount of $ i'
(D) 1. Broker's Fee is earned if Buyer enters into a sale or lease agreement during the term of this Contract, whether
brought about by Broker, Broker's agents or by any other person, including Buyer.
Z. If Buyer enters into a sale/lease agreement for a property after the Ending Date of this Contract, Buyer will pay
Broker's Fee:
a. if the sale/lease is a result of Broker's actions during the term of this Contract, OR
b. if the property was seen during the term of this Contract AND
c. Buyer is not under an exclusive buyer agency contract with another broker at the time buyer enters into a
sale/lease agreement.
3. DUAL AGENCY
Buyer agrees that Broker may also represent the seller of the property that Buyer might buy. The Broker is a DUAL
AGENT when representing both the seller and the buyer in the sale of a property.
4. DESIGNATED AGENCY
? Not Applicable.
GL Applicable. Broker may designate licensees to represent the separate interests of Buyer and the seller. Licensee
(identified above) is the Designated Agent, who will act exclusively as the Buyer Agent. If Licensee is also the Seller
Agent, then Licensee is a DUAL AGENT.
5. TRANSFER OF THIS CONTRACT
Buyer agrees that Broker may transfer this Contract to another broker. Broker will notify Buyer immediately in writing if
Broker transfers this Contract to another broker.
6. OTHER
ENTIRE AGREEMENT
This is the entire agreement between Broker and Buyer. Any verbal or written agreements that were made before are not
a part of this agreement. Any changes or additions to this agreement must be in writing and signed by Broker and Buyer.
NOTICE BEFORE SIGNING: IF BUYER HAS LEGAL QUESTIONS, BUYER IS ADVISED TO CONSULT AN ATTORNEY.
BUYER - DATE ,f
Name (print)
Mailing Address
Phone #s FAX # E-Mail
BUYER DATE
Name (print)
Mailing Address
Phone #s FAX # E-Mail
BROKER (Company Name) REIMAX REALTY ASSOCIATES INC
ACCEPTED BY DATE
Mailing Address 3425-Market Street, Camp Hill PA 17011
Phone #s '(717) 761.6300 FAX # (717) 761-1455 E-Mail
NOTICES TO BUYERS
The following Notices apply to buyers working with Buyer's Agents, Seller's Agents or Subagents for Seller, or Transaction Licensees
Buyer acknowledges that Buyer has received and understands the Consumer Notice adopted by the Pennsylvania State Real Estate
Commission at 49 Pa. Code §35.336. The Consumer Notice, including the duties, definitions of business relationships, and state-
ments identifying cooperation with other brokers, possibilities of dual agency and designated agency stated therein, and notice
of the Real Estate Recovery Fund and zoning classification, are incorporated here as part of this disclosure as though written
here in their entirety. .
The terms and length of the business relationship, the fees, and the range of services that Broker will provide have been deter-
mined as a result of negotiations between Broker and Buyer and have not been set or recommended by any association of
REALTORS®.
SERVICES TO SELLER
Broker may provide services to a seller for which Broker may accept a fee. Such services may;,atncludt* Jno-a/ptn #,Ifalited to, listing
fees; deed/document preparation; ordering certifications required for closing; financial serv?txs;, title transfer vd+ptpp etion services;
ordering insurance, construction, repair, or inspection services. Broker will disclose to Buyer?if any, fees are tq,be. psid'Iiy the seller.
OTHER BUYERS
Licensee may show or present the same properties to other buyers.
CONFLICT OF INTEREST
A conflict of interest is when Broker or Licensee has financial or personal' interest in the. property where Broker or Licensee cannot put
Buyer's interest before any other. If Broker, or any of Broker's 'Ifiinsed lia4 a corl)tic f if interest, Broker will notify Buyer in a timely
manner.
DEPOSIT MONEY
(A) Broker will keep (or will give to the listing broker, who will keep) all deposit monies that Broker/Licensee receives in an escrow
account as required by realegtato licensing laws8ntlptegulations. Buyer agrees that Broker may wait to deposit any uncashed check
that is received as deposit'money unt 'Buyer's ohs, .6. been accepted.
(B) If Buyer joins Broker/Licensee in 0a'Wsuit for the'return of deposit monies. Buyer will pay Licensee's and Broker's attorneys'
fees and costs.
CIVIL RIGHTS ACTS.
FederaI'L siate'la,4ft a it iliegaffar`a seller, broker, or anyone to use RACE, COLOR. RELIGION or RELIGIOUS CREED, SEX,
DISABILI!TVJphysida or mental), FAMILIAL STATUS (children under 18 years of age). AGE (40 or older), NATIONAL ORIGIN,
USE OR HANDLINOIR. AINING OF SUPPORT OR GUIDE ANIMALS, or the FACT OF RELATIONSHIP OR ASSOCIATION TO
AN INDIVk6kL KNOWN TO HAVE A DISABILITY as reasons for refusing to sell, show, or rent properties, loan money, or set
deposit amoufti8 fir as reasons for any decision relating to the sale or rental of property.
EXPERTISE OF REAL ESTATE AGENTS
Pennsylvania Real Estate Agents are required to be licensed by the Commonwealth of Pennsylvania and are obligated to disclose
adverse factors about a property that are reasonably apparent to someone with expertise in the marketing of real property.
(A) If Buyer wants information regarding specific conditions or components of the property which are outside the Agent's expertise,
the advice of the appropriate professional should be sought.
(B) If Buyer wants financial, legal, or any other advice, Buyer is encouraged to seek the services of an accountant, lawyer, or other
appropriate professional.
BUYER'S OPTIONS
Unless Buyer and the seller agree otherwise, real estate is sold in its present condition. It is Buyer's responsibility to satisfy him-
self or herself that the condition of the property is satisfactory. Buyer may request that the property be inspected, at Buyer's
expense, by qualified professionals to determine the condition of the structure or its components. Areas of concern may include,
but are not limited to, the following: electrical; plumbing, heating, ventilating, air conditioning; appliances and fixtures; water
infiltration, basement; roof leakage; boundaries; asbestos, urea formaldehyde foam insulation, carbon monoxide, radon, and
environmental hazards or substances; wood-destroying insect infestation; on-site water service and/or sewage system; and lead-
based paint. Buyer's request for any inspection should be made to Broker before entering into an Agreement of Sale or lease.
Buyer is advised that information regarding properties considered for purchase by Buyer has been provided by the seller or
seller's broker. Such information may include, but is not limited to, the information on the Seller's Property Disclosure
Statement, including environmental conditions; MLS information, including information regarding restrictions, taxes, assess-
ments, association fees, zoning restrictions, dimensions, boundaries (if identified); and marketing information. Unless otherwise
noted, Broker has not verified the accuracy of this information, and Buyer is advised to investigate its accuracy.
FEES
Buyer understands that, as either a Seller Agent/Subagent for Seller or Transaction Licensee, Broker may receive a fee from the seller.
Broker's office policy allows for cooperation with other brokers who may compensate Broker based on a percentage of the purchase
price. As a Seller Agent/Subagent for Seller or a Transaction Licensee, Broker may not charge any fee to Buyer without a signed written
agreement.
CONSUMER NOTICE CN
THIS IS NOT A CONTRACT
Pennsylvania Law requires real estate brokers and salespersons (licensees) to advise consumers who are seeking to sell or purchase resi-
dential or commercial real estate or tenants who are seeking to lease residential or commercial real estate where the licensee is work-
ing on behalf of the tenant of the business relationships permitted by the Real Estate Licensing and Registration Act. This notice must
be provided to the consumer at the first contact where a substantive discussion about real estate occurs unless an oral disclosure
has been previously provided. If the oral disclosure was provided, this notice must be provided at the first meeting or the first time a
property is shown to the consumer by the broker or salesperson.
Before you disclose any information to a licensee, be advised that unless you select an agency relationship the licensee is NOT
REPRESENTING YOU. A business relationship of any kind will NOT be presumed but must be established between the
consumer and the licensee.
Any licensee who provides you with real estate services owes you the following duties:
• Exercise reasonable professional skill and care which meets the practice standards required by the Act.
• Deal honestly and in good faith.
• Present, in a reasonably practicable period of time, all offers, counteroffers, notices, and communications to and from the parties
in writing. The duty to present written offers and counteroffers may be waived if the waiver is in writing.
• Comply with Real Estate Seller Disclosure Act.
• Account for escrow and deposit funds.
• Disclose all conflicts of interest in a reasonably practicable period of time.
• Provide assistance with document preparation and advise the consumer regarding compliance with laws pertaining to real estate
transactions.
• Advise the consumer to seek expert advice on matters about the transaction that are beyond the licensee's expertise.
• Keep the consumer informed about the transaction and the tasks to be completed.
• Disclose financial interest in a service, such as financial, title transfer and preparation services, insurance, construction, repair or
inspection, at the time service is recommended or the first time the licensee learns that the service will be used.
:7Sefler see may have a following business relationships with the consumer:
Agency:
agency is a relationship where the licensee, upon entering into a written agreement, works only for a seller/landlord.
Seller's agents owe the additional duties of:
• Loyalty to the seller/landlord by acting in the seller's/landlord's best interest.
• Confidentiality, except that a licensee has a duty to reveal known material defects about the property.
• Making a continuous and good faith effort to find a buyer for the property, except while the property is subject to an exist-
ing agreement.
• Disclosure to other parties in the transaction that the licensee has been engaged as a seller's agent.
A seller's agent may compensate other brokers as subagents if the seller/landlord agrees in writing. Subagents have the same
duties and obligations as the seller's agent. Seller's agents may also compensate buyer's agents and transaction licensees who do
not have the same duties and obligations as seller's agents.
ItsDii-enter a written agreement, the licensees in the real estate company owe you the additional duties identified above
ad?cy. The exception is designated agency. See the designated agency section in this notice for more information.
uyer Agency:
Buyer a is a relationship where the licensee, upon entering into a written agreement, works only for the buyer/tenant.
Buyer's agents owe the additional duties of:
• Loyalty to the buyer/tenant by acting in the buyer's/tenant's best interest.
• Confidentiality, except that a licensee is required to disclose known material defects about the property.
• Making a continuous and good faith effort to find a property for the buyer/tenant, except while the buyer is subject to an
existing contract.
• Disclosure to other parties in the transaction that the licensee has been engaged as a buyer's agent.
A buyer's agent may be paid fees, which may include a percentage of the purchase price, and, even if paid by the seller/landlord,
will represent the interests of the buyer/tenant.
If you enter into a written agreement, the licensees in the real estate company owe you the additional duties identified above
under buyer agency. The exception is designated agency. See the designated agency section in this notice for more information.
Dual Agency:
Dual agency is a relationship where the licensee acts as the agent for both the seller/landlord and the buyer/tenant in the same
transaction with the written consent of all parties. Dual agents owe the additional duties of:
• Taking no action that is adverse or detrimental to either party's interest in the transaction.
• Unless otherwise agreed to in writing, making a continuous and good faith effort to find a buyer for the property and a
property for the buyer, unless either are subject to an existing contract.
• Confidentiality, except that a licensee is required to disclose known material defects about the property.
COPIES: GREEN-CONSUMER; WHITE-BROKER 4/02
Designated Agency:
In designated agency, the employing broker may, with your consent, designate one or more licensees from the real estate
company to represent you. Other licensees in the company may represent another party and shall not be provided with any confi-
dential information. The designated agent(s) shall have the duties as listed above under seller agency and buyer agency.
In designated agency, the employing broker will be a dual agent and have the additional duties of.
• Taking reasonable care to protect any confidential information disclosed to the licensee.
• Taking responsibility to direct and supervise the business activities of the licensees who represent the seller, and buyer
while taking no action that is adverse or detrimental to either party's interest in the transaction.
The designation may take place at the time that the parties enter into a written agreement, but may occur' at a later time.
Regardless of when the designation takes place, the employing broker is responsible for ensuring that confidential information
is not disclosed.
Transaction Licensee:
A transaction licensee is a broker or salesperson who provides communication or document preparation services or performs
other acts for which a license is required WITHOUT being the agent or advocate for either the seller/landlord or the buyer/
tenant. Upon signing a written agreement or disclosure statement, a transaction licensee has the additional duty of limited confi-
dentiality in that the following information may not be disclosed:
• The seller/landlord will accept a price less than the asking/listing price.
• The buyer/tenant will pay a price greater than the price submitted in a written offer.
• The seller/landlord or buyer/tenant will agree to financing terms other than those offered.
Other information deemed confidential by the consumer shall not be provided to the transaction licensee.
OTHER INFORMATION ABOUT REAL ESTATE TRANSACTIONS
The following are negotiable and shall be addressed in an agreement/disclosure statement with the licensee:
• The duration of the employment, listing agreement or contract.
• The fees or commissions.
• The scope of the activities or practices.
• The broker's cooperation with other brokers, including the sharing of fees.
Any sales agreement must contain the zoning classification of a property except in cases where the property is zoned solely or primarily
to permit single family dwellings.
A Real Estate Recovery Fund exists to reimburse any person who has obtained a final civil judgment against a Penns ? estate
licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and who has been unable to co e judgmentter„?
exhausting all legal and equitable remedies. For complete details about the Fund, call (717) 783-3658.
ACKNOWLEDGMENT
I acknowledge that I have received this disclosure. -
Date:
Print /(Consumer) Print (Consumer)
Signed (Consumer) Signed (Consumer)
Address (optional) Address ctionall),
Phone Number (optional) Phone Number (optional)
I certify that I have provided this document to the above consumer.
If Date:-
Signed (Licensee)
Adopted by the State Real Estate Commission at 49 Pa. Code 4§35.336.
CERTIFICATE OF SERVICE
AND NOW, February 27, 2007, I, Grant W. Schonour, Esquire, hereby certify that I did
serve a true and correct copy of the foregoing COMPLAINT upon all counsel of record by
depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill,
Pennsylvania, addressed as follows:
By First-Class Mail:
Yingst Homes, Inc.
4712 Simth Street
Harrisburg, PA 17109
Schonour, Esquire
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277265
DICKIE, MCCAMEY & CHILCOTE, P.C.
BY Charles E. Haddick, Jr., Esquire ATTORNEY FOR:
ATTORNEY I.D. NO. 55666
BY Grant W. Schonour, Esquire
ATTORNEY I.D. NO. 93282
1200 Camp Hill Bypass, Suite 205
Camp Hill, PA 17011
(717)7314800 (Tele)
(717)73 4803 ax
EDWARD A. THOMAS AND BRENDA B. IN THE COURT OF COMMON PLEAS
THOMAS, Plaintiffs OF CUMBERLAND COUNTY,
NO. 06-6335
V.
YINGST HOMES, INC., Defendant
JURY TRIAL DEMANDED
PRAECIPE TO SETTLE. DISCONTINUE AND END
TO THE PROTHONOTARY:
Please mark this case settled, discontinued and ended, with prejudice.
Respectfully submitted,
DICKIE, MCCAMEY & CHILCOTE, P.C.
Date: February 19, 2008 By:
Charles E. Haddick, Jr., Esquire
ATFOR NEY I.D. NO. 55666
Gr W. Schonour, Esquire
A NEY LD. NO. 93282
1200 Camp Hill Bypass, Suite 205
Camp Hill, PA 17011-3700
(717) 731-4800
Attorney for Defendants,
1
CERTIFICATE OF SERVICE
AND NOW, February 19, 2008, I, Grant W. Schonour, Esquire, hereby certify that I did
serve a true and correct copy of the foregoing PRAECIPE TO SETTLE, DISCONTINUE
AND END upon all counsel of record by depositing, or causing to be deposited, same in the U.S.
mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows:
By First-Class Mail:
John A. Statler, Esquire
Johnson, Duffle, Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Grant W. Schonour, Esquire
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