HomeMy WebLinkAbout00-08696
SAIDlS
SHllffi.!!OWER
&Lll'lvSAY
ATIOIINIMioATolAW
:l6 W. High Stroet
CarlIsle, PA
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IN RE:
PRIVATE SALE
OF REAL ESTATE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000 - ~& 9 Ce CIVIL
ORDER OF COURT
AND NOW, this
d~
day of ~
, 2001, upon
consideration of the Petition of the Board of School Directors of the Carlisle Area
School District, a hearing is set for the d~ AIJ( day of '- )~
2001, at f 95 o'clock, A....m" in Court Room No.':< of the
Cumberland County Court House, and public notice of said hearing shall be given in
accordance with the provisions of Article VII, Section 707, of the Public School Code of
1949 (24 P.S. S7-707(1)).
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SAIDlS
SHUffi.!!OWER
&~IJSAY
. ,(t10RN1MMT.lAW
U W. mgh street
Carlisle, PA
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IN RE:
PRIVATE SALE
OF REAL ESTATE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000 - '8&/1" CIVIL
PETITION FOR PRIVATE SALE OF REAL ESTATE
TO THE HONORABLE, THE JUDGES OF SAID COURT:
The Petition of the Board of Directors of the CARLISLE AREA SCHOOL
DISTRICT, by FRED BALDWIN, its President, respectfully represents:
1. The CARLISLE AREA SCHOOL DISTRICT is the owner of land
acquired by Deed from Robert E. Goodling, dated June 27, 1995, and recorded in the
Office of the Cumberland County Recorder of Deeds in Deed Book 117, Page 1153,
which is proposed to be conveyed by private sale.
2. The property to be conveyed is 1140 North West Street, Carlisle,
Cumberland County, Pennsylvania (Lots NO.1 C and 10 on the Plan of Morgan Way,
recorded in Plan Book 65, Page 25, in the Cumberland County Recorder of Deeds'
Office).
3. The property in question was utilized in connection with the
vocational program of the CARLISLE AREA SCHOOL DISTRICT by having the
vocational department erect on said lot of ground a dwelling house.
4. Said dwelling house has now been completely erected and has
served its purpose in the training of the students of the CARLISLE AREA SCHOOL
DISTRICT and is now unused and unnecessary for the purposes of the School District
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SAIDIS
SIIllffi. !!OWER
&Lll''lUSAY
A11OBNEYSoATolAW
26 W, IDgh Street
Carlisle, PA
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5.
A complete description of the land on which the building is erected
is attached hereto and marked Exhibit "A".
6. The Board of School Directors of the CARLSILE AREA SCHOOL
DISTRICT has entered into a tentative agreement for the private sale of said property .
at the price of One Hundred Twenty-three ($123,000,00) Dollars.
7. The terms of the sale are as set forth in the Agreement attached
hereto as Exhibit "B".
8. The Board of Directors of the CARLISLE AREA SCHOOL
DISTRICT are of the opinion that the price offered for the property is a fair and
reasonable one and, in their opinion, a better price than could be obtained at a public
sale.
9. The Board of Directors of the CARLISLE AREA SCHOOL
DISTRICT have obtained the opinions of two persons familiar with the value of real
estate in the locality, and the affidavits of those persons are attached hereto, marked
respectively Exhibits "C" and "0".
WHEREFORE, your Petitioner prays your Honorable Court to fix a time
for a hearing to determine whether or not it shall approve said sale in accordance with
the Public School Code of 1949 (24 P.S. 97-707(3)), in accordance with the notice
provisions of said Public School Code (24 P.S. 97-707(1 )).
CARLISLE AREA SCHOOL DISTRICT
By pO /f'/~ .
Fred Baldwin, President
Board of School Directors
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SAlOIS
sllU!'!'t. ~WER
&~1JSAY
.<<101lNEWoAT.[AW
26 W. Hlgh Street
Carlisle, PA
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VERIFICATION
I, FRED BALDWIN, President of the Board of School Directors of the
Carlisle Area School District, hereby verify that the statements made in the within
instrument 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 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
~o-~
Fred Baldwin
Date: December
'1
,2000
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Exhibit "A"
ALL THAT certain tract of land situate in the Fifth Ward of the Borough of Carlisle,
Cumberland County, Pennsylvania, more particularly bounded and described
as follows:
BEGINNING at the southwest corner of "H" and North West Streets; thence along
the western side of North West Street S 142 09' 31" W a distance of 102 feet to a
point which is the northeast corner of Lot NO.2 as shown on the Plan recorded in
Plan Book 65 at Page 25 in the Office of the Recorder of Deeds in and for
Cumberland County; thence along said Lot No. 2 N 752 50' 29" N a distance of
102 feet to a point on the East side of Lot 1 B as shown on the Final Subdivision
Plan of Morgan Way, dated February 23,1993 and recorded in Cumberland
County Plan Book 66, at Page 36; thence along said Lot 1 B, N 14209' 31" East a
distance of 1 02 feet to a point on the southern side of "H" Street; thence at the
southern side of "H" Street S 752 50' 29" E a distance of 102 feet to a point. the
southwest corner of "H" and North West Streets, the place of BEGINNING.
Having thereon erected a dwelling known and numbered as 1140 North West
Street.
BEING comprised of Lots 1C and 10 on the hereinafter mentioned Plan of
Morgan Way, and being the same tract of land conveyed to the grantor by
deed of Robert E. Goodling and Judy S. Goodling, his wife, dated June 27,1995
and recorded in the Office of the Recorder of Deeds of Cumberland County in
Deed Book 117 at Page 1153.
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STANDARD AGREEMENT FOR THE SALE OF REAL 'ESTATE
llli~ fmm recolll1l1c"dcd "ud "l'p1"llvcd for, bul no! restricted lo U!C hy. the ",e'nl,er, of tile Pcnusyrv'lnia AssQdalion uf REALTORS@ (PAR),
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PA LICENSED BROKER
LISTING BROKER (Comp3IlY)
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DESIGNATED AGENT FOR SELLER (if npplicable)
PA LICENSED BROKER
SELLING BROKER (Company)
ADDRESS
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DESIGNATED AGENT FOR BUYER (if applicable)
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SELLER(S): eeL\. \it ^ IJ I
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BUYER(S)'~\' Ib, M ~'<-" 'V-u:~ \) "Z,;,7rc(~ ' \~'l"_'" >;;<k'''IL< rO.\
, called "Seller," and
, caned "Buyer."
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2. PROPERTY (1-98) Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase:
ALL THAT CER1'A{NCfOr piece of round ~itbuit\3~lfroves~rin erected, if any, knowlI as:
it in the ~r~'""^-(~C( \.-... of (I..... '" ~~
COllllt)' of ~-\}J-l-\~ in the Commonwealth of Pennsylvania, Zip Code n I ~
Identilicatioll (e.g., Tax ID#; Parcel #; Lut, Block; Deed Hookl Page, Ret:ording Date)
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3. TERMS (1-00)
(A) Purchase Price
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Dollars
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which will be paid to Seller by Uuyer as follows:
(B) Cash or check at signing this Agreement:
(C) Cash or check within -S days of the execution of this Agreement:
(D)
(E) Cash. cashier.s or certitied check at time of settlement:
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$ S;OC()'.P
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TOTAL $ ['-"2,000
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(F) Deposits paid on account of purchase price to be held by Listing Broker. unless otherwise stated here:
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(0) Seller's written approval to be on or before: '3 \
(H) Settlement to be made on or before: Sf,...) CL/v ~lO{J on: ~
(I) Conveyance from Seller will be by fee simple deed of special wananty unless otherwise stated here:
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lJ) Payment of lransfer laxes will be divided equally between Buyer and Seller unless otherwise stated here:
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(K) At time ofseltlement, the following will he adjusted pro-rata on a daily basis between Buyer and SeHer, reimbursing where applicable: taxes; J'?
rcnts; interest on mortgage assumplions; condominium fees and homeowner association fees, if any; water and/or sewer fees, ifany, together
with any other lienable municipal service. The charges are to be pro-rated for the period(s) covered: Seller will pay up to and including tJle ,:'1
dale or settlement; Buyer will pay for all Jays following settlement, unless otherwise stated here; r
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4. FIXTURES & PERSONAL PROPERTY (1-00)
(A) INCLUDED i,n lhb sale tlnd purchase price are all existing items permanently installed in the Property, free of liens, including plumbing;
heating; lighting fixtures (including chandeliers and ceiling fans); water lreatment systems; pool and spa equipment; garage door openers
and transmitters; television antennas; shlUbbery, plantings aJld unpolted trees; llny remaining heating and cooking fuels stored 011 the
Property at the time of settlement; wall to wall carpeting; window coverin hardware. shades, blinds; built-in air conditioners; built-in appli-
ances; and the range/oven unless otherwise stated. Also included: l :.....
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(B) LEASED items (items not owned by SeHer):
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(C) EXCLUDED tixtures and items:
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5, SPECIALYLAUSES (1-00)
(A) C1fuy~er'llnd Seller have received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code ~35.336.
(B) ~yer and Seller have received a statement of their respective estimated closing costs before signing this Agreement.
(e) 0 Buyer has received the Seller's Property Disclosure Statement before signing this Agreement, if required by Jaw. (See Notice, Infonnation
Regarding the Seller's Property Disclosure Act)
iD) 0 Buyer has received the Deposit Money Notice (for cooperative sales when Listing Broker is holding deposit money) before signing this
Agreement.
tE) The following are part of this Agreement if checked:
o Sule & Settlement of Other Property
Contingency Addendum (PAR FOIm 130)
o Sale & Settlement of Other property Contingency
with Right to Continue Marketing Addendum
(PAR Form 131)
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o Settlement of Other Property Contingency Addendum (PAR Form 133)
o Tenant-Occupied Property Addendum (PA Form TOPll
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Seller Initials:
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Ilu)'l'rlnitials:
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COPYRIGHT ['ENNSYLVANIA ASSOC1ATlON OF REALTORS@ 19'J8
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Pennsylvania Association of
REALTORSr,)J
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NOTIC][S AND INFORMATION
INFORMATION REGARDING THE SELLER'S PROPERTY mSCLOSURE ACT
Generally speaking. lhe Seller's Propel'ly Disclosure Actllpplit:s 10 un)' salr, exchange, installment sales contract, lease with un Qption tn buy, or transfer of
l1l1 illll^rest in renl t'SI,llt> wh.:re not less than IIlIe and lltlt JIIun' thun fUll" fl.'sioentilll dwelliug units areinvnlved. The Act stipollltes that certain disdu-
Stlrl'S have 10 be made and deliven.>,d in a form defined by the Act, bdore an agreement of sale is signed.
The Act defines nine exceptions. where the form does no! have to be uSed.
1. Transfers that lire the result of a court order.
2. Tnll1st'ers to a 1ll11rtgagc lender that result from a bu)'er's dchllllt and slihseqllt'nl forerlosu-re sal~s thflt result from defmlll.
3. Trnnsfers hy a fiduciary during the administration or a decedent estiltt'. gumdial1sbip, conservatorship or trllSt.
4. Transfers from a co-owner to one or lllore other co-owners. '
5. Transfers made 10 n spouse or direct descenda~t.
6. Transfers between spollses that re-sult from diVorce. leg'lll separation, 91' property settlement.
7, Trat1sfer,~ by a corpornlionto its shareholders tis part of a plan,ofliquidation-.
S. Tmnsfers by a pllltnership to its pa,rtners'as part_of ~ plan ofliquidaliou.
9. Transfers of new cons!~uc:~on,~hat Ims never been occupied when:
a, The buyer has rece~ved a aile-year warranty covering the construction:
b The ouilding bas lieen llts'pected for cOlllpliancc with the applicable buiiding code or, if none, a nationally recognized model building
code: and', "", _ '
c, A certifidie' of occupanc~ "bi- a certificnte of code compliance has been iS~lIed for the dwelling.
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In addition io these exceptions, theAct:iirnits the disclosure in the cas~s of cOtldominiu1l1s and c{loperative~ to the seBer's particular unit. It does not impose
dj"dosutes regarding co~on areZlS or facilities; those elements are already addressed in the laws that govern the resales of condominiums and cooperative
interests.
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6. MORTGAGE CON.TING~NCY (1-00)
Ja:... WAIVED. This sale is NOT contingent on mortgnge l"inancing.
~ ELECTED
(A) This sale is contingent upon Buyer obtaining mortgage l"inanclng as follows:
I. AmonlltofmOltgligc loan $
2. Minimum Teml _
3. Type of mortgage
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--1-. Interest rale ~ %: however, Huyer agrees In llccellt the interest r:lte as may be cOl1lmifled by the mortgage lender, not to
exceed a maximutn interestntte of %.
5. Discount points, loan origination, loan placement and other rees chnrged by the lender as a percentage of the mortgage loan (excluttlng
any mortgage lOSllmnce premiums or VA funding fee) not to exceed % of the mortgage luan.
The interest rate and fees provisions required by Buyer are satistied if a mortgage lender makes uvoilnble 10 Buyer the right to guarantee an
interest rate at or below the Maximum Inlerest Rate specil"ied herein with the percentage fees at or below the amount specified herein. Buyer
gives Seller the right. lit Seller's sole option lInd as pennitted by the lending institution and applicable laws, 10 contlibute tinancially, without
promise of reimbursement, to the Buyer mId/or lender fo make the above leJms available to Buyer.
(B 1 Within 10 days of the execution of this Agreement. Buyer will make a completed, written mortgage application to a responsible mOltgage lend-
ing institution. The SelJing Broker, if any, otherwise the Listing Broker, is authorized to communicate with the lender lor the purposes
of assisting in the mortgage loan process.
(e) 1. Upon receipt of a mortgage commitment, Buyer and/or Selling- Broker will promptly deliver a copy of the cOIl1111ilment to Lishng: Broker.
il'any, otherwise tnSel1er.
2. Mortgage commitment dale . If a wriuen commitment is not received by
Listing BrLlh~r. if tmy, otherwise by Seller. by the above date. nuyer aud Seller agrce to extend the commitment dale until Seller ter-
minates this Agrt:ement in writing.
3. Seller has the option to lenninate this Agreement in writing. on or aftcr the mOltgage commitment date, if the mOltgage commitment:
a. Is not valiLlllntll the date of settlement, OR
b. Is conditioned upon the sale and settlement of :my other property, OR
c. Contains any olher condition not specified in this Agreement.
4. In the event Sellej' does not lenninate this Agreement as provided above, Buyer has the option to terminate this Agreement in writing if
the mortgage commitment:
a. Is not obtain<ed by or vlllid until the dute of settlement, OR
b. Is conditioned upon the sale and settlement of any other Ilrflllel.ty which do not OCCllr by the date of settlement, OR
c. Contains any other conditiun not specified in this Agreement which Buyer is unable to satisfy hy the date of settlement.
5. If this Agreement is tenninated as specified in puragmphs 6 (C) 0), (3) or (4), all deposit monies paid on account of purchase plice will
be retl1l11ed to Buyer. Buyer will be responsible ror any premiums for mechanics lien insurance and/or title search, or fee for cancellation
of same, if (my; AND/OR any premiums for nood insurance and/or !1re insurance with extended coverage, insurance binder charges or
cancellation fee, if (my; AND/OR any appmisal fees and charges paid in advance to mortgage lender.
(D) If the mortgage lender r-equires repairs to the Propelty, Buyer wlll. upon receipt, deliver a copy of the mortgage lender's requirements to Listing
Broker. if any, otherwi1\e to Seller, Seller will, within 5 days of receipt of the lender's requiremenl~, notify Buyer whether Seller will make the 1')4
required repairs at Sell~r's expense.
t. If Seller chooses to make repairs, Buyer will accept the PropeJty and agree to the RELEASE set forth in paragmph 25 of this Agreement. : JO
2. If Seller chooses !lot to make the required repairs, Buyer will. within 5 doys, notify Seller in writing of Buyer's choice to terminate this 1,'"
Agreement OR make the required repairs at Buyer's expen~e and with Seller's pennission, which will not be unreasonably withheld. If
Seller denies Buyer pennission to make the required repairs, Buyer may, within 5 days of Seller's denial, terminate this Agreement. If Iii!.'
Buyer tenninates this Agreemem, all deposit monies paid on account of purchase price will be returned promptly to Buyer and this J'(\
Agreement will b~ VOID.
(E) ~ Se,er Assist
~NOT APPLICABLE
o APPLICABLE. SeUer will pay:
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, mallimum. toward Buyer's costs as permitted by the mortgage lender,
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FRANA, IF APPLICABLE
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(F) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the purchase of the 1,11
Property described herhn or to incur any penalty by forfeiture of eames! money deposits or otherwise unless Buyer has been given, in accor.
dance with HUD!FHA or VA requiremellts. a \\'liltel1 stutement by the Federal Housing Commissioner, Veterans Administration, or a Direct
Endorsement Lender Setting forth the appraised value of the Property of not less than $ (the dollar amount to be I;' \
inserted is the sales price ns staled in this Agreement). Buyer will have the privilege and option of proceeding with consummation of the con-
tract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to detenuine the maximum mortgage the i?"
Department tlf Housin~ and Urban Development will insure. HUD does not warrant the value nor the condition of the PropeJty. Buyer should
satisfy him~e1f/herself that the price and condition of Ihe Property are accept..1.ble.
Warning: Section 1010 of Title 18. I.S.C., Department of Housing and Urban Development provides, "Whoever for the purpose of , . . intlu-
encing in any way the tIction of such department. . . makes, passes, utters or publishes any statement knowing the same to be false. . shall be !:,..
fined not more than $5,000 or imprisoned not more than two years, or both."
(0) U.s. Deparhnent of ltollsing and Urban Development (HUD) NOTICE TO PURCHASERS:
Buyer's Acknowledgement
o Buyer has receiVed the HUD Notice "For Your Protection: Get 11 Home Inspection" (see Notices und Information on Property Condition !:!\
Inspection~). Buyer understands the importance of getting an independent home inspection und has thought about this before signing this
Agreement.
Buyer's Initials Date
(H) Certification We tlle. undersigned, SeIler(s) and Buyer(s) party to this transaction each certify that the terms of this contract for purchase are
true to the best of 0111' knowledge and belief, and that any other agreement entered into by any of these parties in connection with this transac-
tion is attached to this Agreement.
7_ INSPECTIONS (1-98)
(A) Seller hereby agrees to permit inspections by authorized appraisers, reputable certifiers, insurer's representatives. surveyors, municipal officials
and/or Buyer ,IS may be required by Ihe lending institutions, if any. or insuring agencies. Seller further agrees to permit any other inspections 1 '!~
required by or provided for in the tenus of this Agreement
(B) Buyer reserves the right to make a pre-settlement walk-through inspection of the Property. Buyer's right 1:0 mak.e this inspectiollis not waived 1,12
by any other provision of this Agreement.
(C) Seller will have heating and all utilities (including fuel(s)) on fOf the iospections.
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NOTICE TO III rYERS SlmKING FINANCING
The llppnlised villue of the Propeny is used ill determining the 11l1lJ.;illmtll amount or lhe loan and may be diffcrc1l1 from the purchase prier and/or market
value.
NOTICES AND INFORMATION ON ,)ROPERTY CONDITION INSPECTIONS
u.s. Depadment of Housing and Urbun Development
FHA Loans:
For Your Protection: Get a Home Inspection
What the FHA Does for Bu}'ers . . . and What We Don't Do
Whnt we do: FHA helps people become homeowners by insuring morlgage.<; for lenders. This allows lenders to offer l)lortgages to firsHime buyer.<; llild
others who lllay llOt qualify for COl1yentionalloans. Because the FHA insures the loan for the lender, lhe buyer pays onlY a very low down-payment.
'What 'we don't do: FHA does not guarantee the value or condition of your potential new home. If you find pfoblel11!l\lvilh your liew'i1ome after closing. we
cannot give or lend you money for repairs. and we cannot buy the home back from you,
That's why il is so importanl for you. the buyer, ro get Hn independent home inspection. Before you sign a contract, ask a qualified borne impeclor to inspect
yOllr potelltinlllew home and give you the information you nced to mal\c a wise deci~ion.
Appmisals and Home Inspections are Different
As part of our job insuring the loan. we require that the lender conduct fill FHA appraisal. An appraislll is' different ffClm il home inspection. Appraisals me
for lenders; home inspections are for buyers. The lender does an appraisal for three reasons;
To estimate the value of a house
To make sure that the house meets FHA millimulll; property standards
To make sure that the house is marketabl~
Appraisals are not home inspections.
'-\lhy 11 Buyer Needs a Home Inspection
A home inspection gives the buyer more detailed infonnation than an apprnisal - infol1nation YOll need to mHke a wise decision. In a home inspectioll. a
qualified inspector tak~s an in-depth, unbiased look fit your potentiHI new home 10:
Evaluate the, physical coridith;ll1: structure; construction, and mechanical systems
Identify items that need :to be' repaired or replaced
Estimate the reinaining useful life ofthe major systems. equipment, structure, and finishes
What GOes Into a Home Inspection
A home inspection g'ives the buyer an impllrtial. physical evalumion of the overall condition of the home and items that need to be repaired or replaced. The
inspection gives a ddailed report on lhe condition of the structurnl components. exterior, roofing. plumbing, electrical, healing, insulation and ventilation. Hir
conditioning, and interiors.
Be an Informed Buyer
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8. ~)PERTY INSl11'.CTION <.:ONTlNGI':NCY (1.00) _
I' W/\I::~D. BI:~:er lI~ld<'I'~lall~j~ that 13:?'el' has tile ')ptiull to req\1e~~ il1SpeClio~lS or.lhe Pl'OJ't'rty (set., Property 111~pcctiol1 ami Envit'lllllllcnwl
N(l(ltc.~J. BUt r~R WAIVES II-IIS OPl ION and agn::es to the RELEASE sel l'01'lh In paragraph 25 of this Agreement.
D ELECTED
t A) Within ,_~ days ol"lhe execulioll ol"this Agreement, Buyer, at BUYl'r's espcnse, may choose to have inspec1ions and/oro.:ertitkations C0111-
plct\'d by liccn,wd or olll('rwi~e l[uHlilicd pmfes.~iolluls (.~ee Property ln~pectioll and Environmental Notices). This contingency does not apply
Wthe lollowinge"istingcollditionsand/orilclIls:
1l3) Utller pl"ll\'i~iolli, 01' tllis i\green1ent m.\y provide t\Jr inspections and/lll. cerli[ications that ure nol wnived or all<:red by Buyer's election here,
IC) II" Buyer IS IlIlt ~[Hi~fied with the condition of the Prope11y as staled in allY wriUen rcp0l1, Buyer will. within the lime given for completing
inspections:
o Option I
l. Actepl' the Property with the infolllUltiull staled ill the report(s) and agree to the RELEASE set forth in paragraph 25 of this Agreement,
OR
I ~; --
CI Tel1llinate the Agreement in writing by notice to Listing Broker, if any, otherwise to Seller, withinlhe time given for inspection, in which 'wr
case all de[:lOsit monies paid on account of purchase price will be retumed promptly to Buyer and this Agreement will be VOID.
o Optioll2
!, Accept the Property with lhe infonTIatiol1 staled in the report(s) amI agree to the RELEASE set forth in paragraph 25 of this Agreement,
UNLESS the totul cost to COITect the conditions contained in the repoI1(s) is more than $
1. If the total cost to com~ctlhe condilions conlained in tile repon(s) EXCEEDS the amount specified in parngraph 8(C) (Option 2) I,
Buyer will delh.er the report(s) to Listing Uroker, it' any, otherwise to Seller, within the time given for inspectiun.
a. Seller will. within _ dllYS of receiving the report(s), infon11 Buyer in writing of Seller's choice to;
(I) Make repairs before ~ett!ement ~o that the remaining cost to repllir conditions contained in the report(s) is less than or eqllal to I i~)
the amount specified in parngmph 8 (C) (Option 2) I.
(2) <:retlit Buyer at settiement for the ditference between the estimmetl cost 01. replliring the conditions contained in the report{s)
.\nd the alllount specified in paragraph 8 (C) (Option 2) l. This option must be acceptable to the mortgage lender, if any.
(3) N01111ake repairs und not credit Buyer at settlement t'or any defects in conditions contained in the report(s).
b. If Seller chooses to make repairs 01" credit Buyer at settlement as specified in paragraph 8 (C) (Option 2) 2, Buyer will accept tile
Propeny ,md agree to the RELEASE set forth in paragraph 25 of this Agreement.
c. rf Seller chooses not 10 make repairs and not to credit Buyer at settlement. or if Seller fails to choose any option within the time
given, Suyerwill, within _days:
(I) Accept the Property with the informalion slated in the repoI1(s) and agree to the RELEASE set fOl1h in paragraph 25 of lhis
Agreement. OR
(2) 'terminate the Agreemelll in writing by notice to Listing Broker, if llny, otherwise to Seller, in which case all deposit monics
paid an acCOt/llt of pl/11;:hn.'ie pJice will be rewmed promptly to Buyer and Ihis Agreement will be VOID.
9.~OD INFESTATION CONTINGENCY (1-00)
~ WAIVED. BUY!;:r under.>tnnds Ihat Buyer has lhe option to request that the Propelty be inspected for wood infestation by a certified Pe~t Control
Operator. BUYER WAIVES THIS OPTION and agrees 10 the RELEASE set forth in paragmph 25 of this Agreement.
o ELECTED
(A) Within _days of the execution of this Agreement, Buyer, at Buyer's expense, will obtain a written "Wood-Destroying Insect Infestation
Inspection Report" from a certified Pest Control Operator and will deliver it and all Supp0l1ing documents and drawings provided by the Pest
Control Operator to Listing Broker, if any, otherwise to Seller. The repot1 is to be made satisfactory to and in compliance with applicable laws,
mortgage and lel1ding institutions. and/or Federal Insuring and Guaranteeing Agency requirements, if any, The inspection will include all read-
ily visible and a~cessible areas of 1111 stmctures on the Property except the following structures, which will not be inspected:
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(B) If the inspection reveals evidence of active infestation(s), Seller agrees, at Sellet.'s expense and before settlement, to treat for active infesta.
tion(s), in accorClllnce with npplicable laws.
(C) If the inspection reveals damage from active infestation(s) or previous infestation(s), Buyer, at Buyer's expense, has the option to obtain 11 writ-
tell report by a ptofessional contractor, home inspection service, or structural engineer thllt is limited to structurnl damage to the Property caused
by wood.destroying organisms and u proposal to repair the damage. Buyer will deliver the structural damllge report and corrective proposal to
Listing Broker, if any. otherwise to Seller, within _ days of delivering the original inspection report.
(D) Within 5 days of receiving the slructmal damage report and corrective proposlll, Seller will advise Buyer whether Seller will repair, at Seller's
expense and before settlement, allY structural damage from active or previous infestatiOl1(s).
tE) If Seller choo~es to repair structural dU11lage revealed by the report, Buyer agrees to accept the Property as repaired and agrees to the RELEASE
set forth in para!!;raph 25 of this Agreement.
(F) If Seller choose!; not to repair ~\lructural damage revellled by the report or fails to I'espond within the time given, Buyer, within 5 days of
receiving Seller"s notice, will notify SeHer in wtiting of Buyer's choice to:
1. Accept the Property with the defects revealed by the inspection, without abatement of price and agree to the RELEASE set forth in para.
graph 25 of this Agreement, OR
2. Make the l1::pairs before settlement, if required by the mortgage lender, if any. at Buyer's expense and with Seller's permission. which will
not be llnn~asonably withheld, in which ca.~e Buyer accepts the Property and llgrees to the RELEASE set forth in pllragraph 25 of this
Agreement. [I' Seller denies Buyer permission to make the repairs. Buyer may, within 5 days of Seller's denial. temlinate this Agreement
If Buyer tem1inates this Agreement, llll deposit monies paid on account of purchase price shall be returned prompdy to Buyer and this
Agreement wiil be VOID, OR
3. Tenninnte this Agreement, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer and
this Agreement will be VOID.
10. RESIDENTIAL LEAD.BASED PAINT HAZARD REDUCTION ACT NOTICE REQUIRED FOR PROPERTIES
gu LT BEFORE 1978 (1-00)
NOT APPLICABLE
o APPLICABLE
(A) Seller represents that: (check 1 OR 2)
o I. Seller has tlO knowledge concerning the presence of lead-based paint and/or lead-based paint hazards in or about the Property.
o 2. Seller has knowledge of the presence of lead-based paint and/or lead-based paint hazards in or about the Property, (Provide the basis for
detetmining that lelld-based paint lind/or hazards exist, the location(s), the condition of the painted surfaces, and other available infonna-
tioll concc\'ning Seller's knowledge of the presence of lend.based paint and/or lead-based paint hazards.)
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(B) Records/Reports (check I OR 2)
o !. Seiler has 110 reports or records pertaining to lead-based paint and/or lead-based pllint hazn.rds in or llbout the Pmperty.
o ~. Seller has lJrovided Buyer with all avnilable records lUlt! reports pertnining to lead-bllsed paint andlor lead-based paint hazards in or ubout
the Property. (Llstdoctllllents)
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~l,;J (e) Buyer's AcknOWledgement
o I, Buyer has received the pamphlet Protect YO/ll" Familyfrolll Lead ill YOllr HOllie and has reud the Lead Warning Statemenl contained in this
"'}':: Agreement (See Environmeoial Notices).
nuyer's hiilials Date
o 2. Buyer h:ls reviewed Seller's disclosure of known lend-based pnint nnd/OI" lead.based puim hazards, as identified in paragrapll !O(A) and
has receiv~d the l'ecords and reports pertaining to Iead.bllsed Pllint and/or lead-based paint hazards identified in pamgraph I O( B)
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I'HOPEI{'l'y INSI'I(CT.!()N NOTICES
Property Ill~PCCtiiJll: A g<':I1lTal iIlSl'('l:tiull (,I' lht' f'ropcny call be performed hy a professiol\al Ctllllrrlc.:lu\" or !JollIe inspi'Clioll "crvi'.'G alld Illay illdude
inspCL'lions 01: SlI'lll'tul'al cnIl\11oIH.'I1lS; toot'; ,'xtcrior windowo al1d exterior door,: c\lcrior sidillg, fllscia. gUIlL'1'l>, alld dOlVn~p()tlt~: appliance"~: clcl'trical.
pllllllbing, l1~alil1g, allt! cooling ~ystell1~; willer prl1etr:Jlion: and any other item~ Guy.:r Illay ,':.:k:cL Jnsp(,l,tion,~ orce,l'Iifil.':lliol1l> might include: El1l'irrlll1llcnlal
I-]"/ill-d~ (l'.I,C" .-\~bc5toS, Urcai'urlll,,!dehydc F<I<l11I Tn.~ldalitln, Underground Storage Tanks, etc,), Electromagnetic Fidd~. Wetland:; ]nsp<:t:linn. Fbod Plain
I/crifil'ali(lll. I-'roP(olly Bounullry/SqU<lJt:" FO<llage Vtritkatiun. and any olher ill:lIls Buyer may select. Buyer is advised [0 invesligate easemenls, decd all{ll1sc.
fc'stticllul1s (inclnding any hisloric preservaliol1 restrictions or ordinances I that apply to the Property nnd!o r.:-view loc:llzol1ing ordinances,
[0]000 Plains: ]1' the Property is IOl.'alcd ill 11 flood plain, Buyer lllUY be required to t:arry ,\dditiona] insurance.
l'roperty Bnundar} I Square Footnge: Buyer is advi~cd that Seller has not had Ihe Property surveyed and Ihat any fences, hedges, walls and other na!Ur,iI
or constructed llarrins lTlilY or may not n:prescnt the true boundary lines of lhe Property. Buyer is also ndvised that any numerical representations of sl]uare
fOolnge of the structme(,<;) and/or io! size are upproxima[iol\S only and may be inaccurate. Buyer is advised to engage a professional surveyor or obtain 1In
ind~pendelllll\eaSUremell( of the stnlt'lure(s) and/or leI size [f Buyer wishes to lllnke [his sale contingent on Buyer's ilpproval of Ihe Property's boundaries
or square fOlltage.
Walel" Scnke: Buyer Ill:.!y dect to have the IV,tler :;el"\-'ll.:e inspected hy a professional wa!er testing company, In ad4ilioii.;'_Ofi~site water service .'iy~;lems
lllay have tn meet certain qualily nnd(or qllnntity requirefl1en!~ ,~el by Ihe 11ll1nicipality 01' the lender.
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\VofJd.,lksltll}"ing Iusect [nfcstatioll; Insecto whns,' primary ~ource of rood is wopd. snch liS termites, wciod~boring be~tiel< carP~nter ants. carpent~r t'~es,
ami ceJ'lain other insects. can calise daJnagt: to (he wood .st1'ucture or a residel1c~_ T('rmite and P~5f Control companies a:i-e ~ivailable to nmkIC inspcuillllS to
dctt:rlllillc -,l'ildIKI" \\'\lod-destr,)ying il1~edS arc pn:sen1. Bec<l\l:'<': of Ihe way these inscL.ts fUllction, damage to wn~tI may be hidden. Ca1'eful ~del.:li\ln ~hnu[d
I,,:, 11Iilde "I' ih.illed experls in till' terlllito::(pest confrol l"idd In insllw <l pmper determination of whether wood-boring insects or resuliant tlal11agc is l:ru:(,IiL
ENVIRONMENTAL NOTICES
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A-",he!ito~: TIl(' heat-resistant and durable nature of asheslos makes it usefld in co~slnietion ani.! industry. The physical proper(ie~ that give asbe~tos ils lesi~-
l~mcC' tLl heal ~IIlII decay ,ue lil\kcd \vith ~cvcr~d advet.sc human health effects. Asbe~tos can easily brcHk into microscopic fib'~rs Ihat C,1lI remain suspended in
till:' ,IiI' for k:lIg periods of tit lie'. W\\1:1l inhakd, Ihe~t: fibers easily penelrate body tissue. Ashestos is known tn cause Asbeswsis and various forms of CM1CCr.
111f.['-!iri~': ')I n~quesl'; ,'or \T1'-'It' inl'urllulion ahou[ nsb(Ost()s .can he direcled 10 the Uniled States Environmcntal Prolection Agency, 111 I Xth Street N,\V,.
Wa;,hillgtl'lI, 11,C. 20207, and/or Ihe DcpartmCl1lnf Health, Commnnwealth of Penn~yjvanil, Division of Envirunmenla] Heallh, Harrisburg, Pi\. 1712n.
Ekc[Toma):;lletk Fields: Elt'ctromagne-tic FieJd~ {EMFs\ ()ccur nround all electrical apflliance~ and power lines. Conclusive evidence fhat EMF\ po~e
11\:aII11 I'i~h.s riDes nOI \.':\isl. al present, ;Jnt! Pennsy]vunia ha~ 110 laws regnnjjng this issue.
En\;irotltllt'uful Hazards: TIle' TJ;S. EnvirollmelHal Proteclinll AgenL'Y has a lisl of h~l7.ardot1s suhstances. the use i\lld disposal of which are reslricted hy
hi\" Gellenllly, if hazardous subslances are f01l11d \'11 ~\ prnp~rly, it is the properly OWI'lt'r"S responsibility to dispose of them properly. For !l1(lre illronna!ion
alld a list of hazardous SUQstauces, L'onlnCllJ.S. Environmental Pr(lh~clion Agency, III 18th Street N.W" Washingto!!, D.C. 20207, (202) 260-..f-700.
lJl'cnFormaldellyde Foam Insulation (tJFIi'l): Ureaformaldehydt' Foam Insulation (UFFD is II thermal insu]lltion male-rinl that is manul'llctured al tl1e site
uf j!1~lalla!illn anti pumped info the spac~ ill the walls of [he building being lns\t1ated. UFFI can release fonullJdehyde gas into the interiors of the buildings
in \\:hicl1 it is installed: AdvelSc health etT(Xt'.~ linlH::d to exposure to UFFl are cancer, acule illness such as eye, nose, and throat irritalion, and ~enliilizntion,
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(D) RISK ASSESSMENT/INSPECTION: Buyer ;lc'kllowledges IIml before Buyer is oblig<lted to buy a-residcntiul dwelling huilt before j9n.
Buyer has a 10 day period (unless Buyer and Seller agree ill writing In a dilferent period of lime) 10 conduct a risk l\ssessmenl or inspection of
the Properly for the presence of lead-based paint and/or lend-based paint hazards.
o WAIVED, Buyer understands thai Buyer has Ihe right to I.'ollduel a risk <1ssessl1lCl11 or inspection of the Property to determine the presencc of
lead-based paint and/or lead-base.d paintlwzards. 8UYER WAIVES THIS R1GHT l1nd agrees to the RELEASE set forth in paragraph 25 01
this Agreement.
o ELECTED
I. Buyer, Ht Buyer's expen,~e. chooses to obtain a ri.sk asse,~smcnt and/or inspection of the Pmpeny fur lead-based paint and/or lead-ba~cd
paint hazards. The tis],;: asscssmenl and/or inspection will he compleled wilhin _ days of the execulion or this Agreement (insert
"IO"llllless Buyer and Seller agree to a differel1t period of time),
2. Within lhe time set lhl'th abuye tell' obtaining the risl~ assessment :tnd/OJ' inspection of the Property for lead-based painf and/or
lelld-based Pllint hflzards, Buyer may deliver to Listing Rl'oker, if any, nlherwise to Seller, a writlen list of the specit-ic l1<1zardous
conditions cited in the report ;md those corrections requested by Buyer, ;\long with a copy of the risk assessment and/or inspection report.
3. Sellermny, within _ days of receiving the list nnd report(s), submit a written con"Cctive proposal to Buyer. The correclive proposal
wi!! include. but not be limited to, tile n1\1ne of Ihe remediation company and a completion date for corrective measures. Seller will pro-
vide cenification from a risk assessor or inspector that corrective measures have heen made satisfactorily on or before the completion d;\te.
4. Upon receiving the corrective propos.ll, Buyer, within 5 days, will:
a. Accept the com~ctive proposal and Ihe Property in writing. and agree 10 the RELEASE !iet forth in paragmph 25 of this Agreement,
OR
b. Tem1inale this Agreement in writing, in which case all depo~it monies pllid on account or purchase price will be returned promptly
to Buyer and thi:; Agreement will be VOID.
5. Should SelicI' fail to submit a written cOITective proposal within the time set forth ill pllrugraph [0(0)3 of this Agreement, then Buyer,
wilhin 5 days, will:
ll. Accept t]le Propeny in writing, and agree to the RELEASE set f0l1h in paragraph 25 of this Agreement, OR
b. TetTninllle Ihis Agreement in writing, in which case all deposit monies paid on account of purchase price will be retumed promptly
to Buyer and this Agreement will be VOID. .11
(E) Certification By signing this Agreement, Buyer and Seller cel1ify the accuracy of their respective statements, to the best of their knowledge, ",
11. RADON CONTINGENCY (1~OO)
~ Seller represents that: (check appropriate response(s))
~ 1. Seller h;IS no knowledge concerning tile presence or absence of mdon.
o 2. Seller has knowledge thaI the Property was lested on the dates. by Ihe methods (e.g., churcoal canister. alpha track, etc.). and with Ihe
results of all tests indicaled below:
DATE TYPE OF TEST RESULTS (picocllries/liter or working levels) ~ -__
I:'
'I;
COPIES OF ALL AVAILABLE TEST REPORTS will be delivered to Buyer with this Agreement. SELLER DOES NOT WARRANT
ElTHER THE METHODS OR RESULTS OFTHE TESTS.
-'"'' 0 3, Seller has knowledge that the Property underwent radon reduction mea!>ures on the date(s) and by the method(s) indicated helow: "1'
DATE RADON REDUCTION METHOD :,Ii
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o WAIVED. Bllyer understttlld,~ (hat Buyer has the option 10 request thaI the Property be inspected for radon by a cet1ified inspector (see Radull
Notice). BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement.
'd ELECTED :,'
~ Buyer, at Buyer's expense, has the option to obtuin, from :1 certified inspector, a radon test of the Property and will deliver a copy of the te~t
report tu Listing Broker, if any, otherwise to Seller. within _ days of the execution of this Agreement. (See Radon Nutice.)
J. If the lest repon reveals Ihe presence of radon below 0.02 working levels (4 picocul"ies/!iter), Buyer accepts the Propel1y mld agrees to the
RELEASE set forth in pm'agmph 15 of thi:-; Agreement.
2. If the test report reve<1Js Ihe presence of mdoll at or exceeding 0.02 working levels (4 picocuries/liter), Buyer will, within _ days
V.oft"Cceiptofthetestresults:
~Optionl
a. Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR n'
b. Tetminate this Agt"Cemem in writing, in which case all deposit monies paid on account of purchase price will be re1l1rned promptly
to Buyer and this Agreement will be VOID, OR
c. Submit a written, C'orrective proposal to Listing Broker, if any, othelwise to Seiler. The conective proposal will include. but not be
limited to. the name of the certified mitigation company; provisions for payment, including retests; and completion dale for COl'rec-
tivemeasures. ::!)
(I) Within 5 days of receiving the corrective proposal, Seller will:
(a) Agree to Ihe lelms of the COllective proposal ill writing, in which case Buyer accept~ the Property and agrees to Ihe
RELEASE set forth in pamgraph 25 of thi!> Agreement, OR '-I,
(b) Not agree to the telnlS of the corrective proposal.
(2) Should Seller not agree to the tenus of the corrective proposal or fail to respond within thc time gh'en, Buyer will, within 5
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(:1) Accept the Property in writing and agree to the RELEASE set forlh in pamgraph 25 oflhis Agreement, OR
(b) Temlinatc this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned
promptly to Buyer and this Agreement will be VOID,
o Option2 ")
a. Accept the Propel1y in wliting and agree to the RELEASE set forth in pamgraph 25 of tbis Agreement. OR
b. Submit a written, con"Cctive proposal to Listing Broker, if any, otherwise to Seller. The corrective proposal will include, but !lot be
limited la, the name of the certitied mitigutioll company: provisions for payment, including t"Ctests; and completion date for correc-
tive measures, Seller will pay a maximum of $ toward the total cost of remediation and retests, which will he
completed by selllement.
(I) [fthe fatal cost ofremediatiCln and retests EXCEEDS the amount specified in paragraph 1 [(B) (Option 2) b, Seller will, within
5 days of receipt of the cost ofremediatiOl1. notify Buyer in writing of Seller's choice to:
(a) Pay for the IOtal cost of remediation and retests, in which cnse Buyer accept!> the Property and agrees to the RELEASE set
forth in paragraph 25 of this Agreement OR
(b) Not pay for the total cost of remediation and retests. 1 'iI
(2) If Seller chooses not to pay for the total cost of remediation and retests, or if Seller fails to chuose either option within the
time given, Buyer will. within 5 days. notify Seller in writing of Buyer's choice to:
(a) Puv the difference between Seller's contribution to l"Cmediation and retests and the actunl COSI therepf. in which case :. 'I
B~yer accepts the Propel1y and agrees to lhe RELEASE set f011h in parugmph 25 of this Agreement, OR - ,
(b) Tennillnle this Agreement, in which case all deposit monies paid on account of purchase price will be returned promptly ~
to Buyer and this Agreement will be VOID. ]~"
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Radon: Radon is a naturaL radioactive gas that is produced in the ground by the normal decay of uranium and radium. Studies indicate that extended expn-
sure (0 high levels of radon gas can increase lhe risk of lung cancer. Radon call find its way into any air-space, including basements and crawl spaces and
cnn p~1l11eate a structure. The U.S. Environlllcnw! Protection Agency (EPA) advises corrective action if the annual average exposure to radon exceed;.; n.02
working levels or 4- picocuries/liter. If a house has a radon problem. it usually can be cured by increased ventilation and/or by preventing radon entry. Any
persoll who tests. mitigates, or safeguards a building for radon in Pennsylvania must be certified by the Department of EnviwnmentaI Protection. Informatill1l
about radon and about certified testing or mitigation fimls is available through DEP, Bureau of Radiation Protection, P.O. Box 2603, Harrisburg, PA 17120.
(ROO) 23RADON or (717) 783-3594,
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12. STATUS Ole WATl!:K {l~UU'
(A)~el r represents thut this property is served by:
. PublicWaLer
o On-site Water
o Community Water
o None
o
(B) WATER SERVICE INSPECTION CONTINGENCY
o WAIVED. Buyer acknowledges that Buyer has the option to request an inspection of the water service for the Property. BUYER WAIVES
THIS OPTION /lnd agrees to the RELEASE set forth in paragraph 25 of this Agreement
o ELECTED
1. Buyer has the option, within _ days of the execution of this Agreement and at Buyer's expense, to deliver to Listing Broker, if any,
otherwise to Seller, a written inspection report by a qualified, professional water testing company of the quality and/or quantity of the water
service.
2. Seller agn~es to locate and provide access to the on-site (or individual) water system, if applicable, at Seller's expense, if required by the
inspectlon,company. Seller also agrees to restore the Property prior to settlement.
3. If the repOlt reveats tbat the water service does not meet the minimum standards of any applicable governmental authority and/or fails to
satisfy the requirements for quality andlor quantity set by the mortgage lender, if any, then Seller wilt, within _ days of receipt of
the report, notify Buyer in writing of Seller's choice to:
a. Upgrade the water service to the minimum acceptable levels, before settlement, in which case Buyer accepts the Property and agrees
to th~ RELEASE set forth in paragrapJl 25 of ulis Agreement, OR
b. Not upgrade the water service.
4. If Seller chooses not to upgrade the service to minimum acceptable levels, or fails to respond within the time given, Buyer will, within
_days, either:
a. Accept tbe Property and the water service and, if required by the mortgage lender, if uny, andlor any governmental authority, upgrade
the water service before settlement or within the time required by the mortgage lender, if any, undlor any govenunental authority, at
Buyer's expense und with Seller's pemlission, which will not be unreasonably withheld, and agree to the RELEASE set forth in
paragraph 25 of this Agreement. If Seller denies Buyer permission to upgrade the water service, Buyer may, within 5 days of Seller's
denial, terminate this Agreement. If Buyer terminates this Agreement, nIl deposit monies paid on account of purchase price will be
returned promptly to Buyer and this Agreement will be VOID, OR
b. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer
and tlris Agreement will be YOID.
13. STATUS OF SE~R (1-00)
(A)~r represents that property is served by:
~ Public Sewer
D Individual On~lot Sewage Disposal System (See Sewage Notice I)
o Individual On-lot Sewage Disposal System in Proximity to Well (See Sewage Notice 1; see Sewage Notice 4, if applicable)
o CommuniI}' Sewnge DispoSJI] Syslem
o Ten-acre Permit Exemption (See Sewage Notice 2)
o Holding Tank (See Sewage Notice 3)
o None (See Sewage Notice 1)
D None AvailablelPennit Limitations in Effect (See Sewage Notice 5)
o
(B) INDIVIDUAL ON.LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY
o WAIVED. Buyer acknowledges that Buyer has the option to request an individual on-lot sewage disposal inspection of the Property. BUYER
WAIVES TIllS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement.
D ELEClED
1. Buyer has the option, within _ days of the execution of this Agreement and at Buyer's expense, to deliver to Listing Broker, if
any, otherwise to Seller, a written inspection report by a qualified, professional inspector of the individual on-lot sewage disposal system.
2, Seller agrees to locate and provide access to the individual on-lot sewage disposal system, and, if required by the inspection company,
empty the septic tank, at Seller's expense. Seller also agrees to restore the Property prior to settlement.
3. If the report reveals defects that do not require expansion or replacement of the existing sewage disposal system, Seller will, wiUlin
_ days of receipt of tile report, notify Buyer in writing of SeUer's choice to:
a. Correct tile defects before settlement, induding retests, at Seller's expense, in which case Buyer accepts the Property and agrees to
/he RELEASE set forth in paragraph 25 of tbis Agreement, OR
b. Not correct tbe defects, or if Seller fails to respond within the time given, Buyer will, within _ days, either:
(1) Accept the Property and the system and, if required by the mortgage lender, if any, and/or any governmental autllOrity, correct
the defects before settlement or within the time required by the mortgage lender, if any, undior any governmental authority, ut
Buyer's sole expense and with Seller's permission, which will not be unreasonably wilbheld, and agree to the RELEASE set
forth in paragraph 25 of this Agreement If Seller denies Buyer pennission to correct the defects, Buyer may, within 5 days of
Seller's denial, terminate this Agreement, If Buyer terminates this Agreement, aU deposit monies paid on account of purchase
price will be returned promptly to Buyer and this Agreement will be VOID, OR
(2) Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned
promptly to Buyer and this Agreement will be YOID.
4, If the report reveals the need to ellpand or replace the existing individual on-lot sewage disposal system, Seller may, within _ days
of receipt of the report, submit a corrective proposal to Selling Broker, if any, otherwise to Buyer. The corrective proposal will include, but
not be limited to, the name of the remediation company; provisions for payment, including retests; and completion date for corrective mea-
sures. Within 5 days of receiving Seller's corrective proposal, or if no corrective proposal is received within the time given, Buyer wi!l:
a. Agree to the terms of the corrective proposal, if any, in writing, in which case Buyer accepts the Property and agrees to the RELEASE
set forth in paragraph 25 of this Agreement, OR
b. Accept the Property and tile system and, if required by the mortgage lender, if any, and/or any governmental authority, correct the
defects before settlement or within tlte time required by the mortgage lender, if any, and/or any governmental authority, at Buyer's
sole expense and with Seller's permission, which will not he unreasonably withheld, and agree to the RELEASE set forth in para-
graph 25 of this Agreement. If Seller denies Buyer permission to correct the defects, Buyer may, within 5 days of Seller's denial, ter-
minate this Agreement. If Buyer terminates this Agreement, all deposit monies paid on account of purchase price will be retumed
promptly to Buyer and this Agreement will be VOID, OR
c. Terminate this Agreement in writing, in which case all deposit monies paid on accoont of purchase price will be retlUlled promptly
to Buyer and this Agreement will be YOID.
14. NOTICES, ASSESSMENTS & CERTIFICATES OF OCCUPANCY (1-00)
(A) Seller represents as of Seiter's executiOll of this Agreement, that no public improvement, condOlninium or homeowner association assessments
have been made against the Property which remain unpaid and that no notice by any government or public authority has been served upon Seller
or anyone on Seller's behalf. including notices relating to violations of zoning, housing, building, safety or fire ordinances which remain
unconeeled, and that SeUer knows of llO condition tl1m would constitute violation of any such ordinances which remains uncorrected, unless
otherwise specified here:
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SEWAGE NOTICES
NOTICES PURSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT
NOTICE t: THERE IS NO ClJRRtNTLY EXISTING COMMUNITY SEWAGE SYSTEM AVAILABLE FOR THE SUBJECT PROPERTY.
Section 7 of the Pet\llsylvaniu Sewage Facilities Act provides thm no person shall inswll. construcl request bid proposals for construction,
alter, repair or occupy arty building or structure for which an JndividulIJ sewage system is to be installed, without first obtaining a p~rlllit.
Buy~r is advised by thi~ Il\ltin~ thal. bt:fore signiug this Agreement, Buyer should contact tile local agency charged"wid~,adll1ini~tering the
Act to determine the procedure ami reyuirell1cnl.~ for ohtaining a permit for an individual sewage ~yste,m. The"l?~aJ.ageric)'-chw'ged with
administering the Act will be the municipality where the Property is located or that rnunici~~li~~,,~?:~~I!1g -coope~.~~v.ely, wit~ othcrs.
NOTICE 2: THIS PROI'ER'fV IS SERVIClm BY AN INDIVIDUAL SEWAGE SYS'tEM INS'liil~~h;'~NDE;R 1:~~:~i~N~i6'i~-.PERMIT
EXEMPTION PROVISIONS OF SECTION 7 OF THE PENNSYLVANIA SE'Y~GE'J,i'AGILI1;Q!:S ACT._ (S.fctior 7,-providcs that u
permit may not be required before installing,GQlJstnlcting, o.,'filrding a:'co~_ttacl for constrt1ctiori;.:a!t~riilg, regairirig'or,(;O~l,ne:ctillg to an indi-
vidual ~ewage system where u ten-acre,purcel or lol is s\lbdi~ded frol1~:a parent tract aqerJanuary}01 ,~,9_87.):,BlIyer is advised lhat soils and
site tcsting were not CO\lf.lucted and that, should -the system malfunction, the owner,of the Property or properties serviced by the ,~ystel11 al
the time of a malfunction may be held liable for any contamimitio~; pollution, ~u~~c hel1lth hazard or nuisance which OlCCllrs as a result.
NOTICE 3: THIS PROPERTY IS SERVlClm BY A UOLDING TANK (PERMANENT OR TEMPORARY) TO WHICH SEWAGE IS CON~
VEYED BY A WATER CARRYING SYSTEM AND WHICH (S DESIGNED AND CONSTRUCTEO TO FACILITATE m;rIMATE
DISPOSAL OF THE SlnVAGltAT ANOTHER SlTE. Pursllafll to the Pennsylvania Sewage Fncilities Act, Sellet> mn~t provide a history
of the annual. cost nf rilaintl1ining the tank from the date of its installation or Deccmber [4. 1995, whichever is later.
NOTICE 4: AN INDIVIDUAL SE'VAGE SYSTEl\--I HAS BEEN INSTALLED AT AN ISOLATION DISTANCE FROM A WELL THAT IS LESS
THAN THE OISTANCl!: SPECIFIED BY RE(;ULATION. The regulations at 25 Pa. Code 973.]] pettailling to minimum horizontal iso-
lation distances provide guidance. Subsection (11) of ~73. [3 states lhat the minimum l10rizontal isolation distance between an indiviuuu[ water
supply or water supply S~istem sllction line and treatment tanks shall be SO feet. Subsection (c) of ~73.1.3 Slates that the horizontal isolntion
distam:e between the imHvidual water supply or water supply system suction line and the perimeter of the absorption area shall be 100 feet.
NOTICE 5: THIS LOT IS WITtllN AN AREA IN WHICH I'ERIVnT LIMITATIONS ARE IN EFFECT AND IS SUBJECT TO THOSE LIMI-
'L'ATlONS. SEWAGE FACILITIES ARE NOT AVAIL,I,,[U,E FOR THIS LOT ANI) CONSTRUCTION OF A STRUCTURE TO BE
SERVED BY SE\V,\GE: FAClUTlES I\1A \' NOT HEGIN UNTIL THE l\WNIClPALITY COl\U'LETES A MA,JOH: PLANNiNG
REQUIREMENT PUR~lJANT TO THE l'I~NNSYLVANtA SEWAGE FACILITIES ACT AND REGULATIONS PROMULGATED
THEREUNDER.
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(B) Seller knows of no other p.otentia] notices (including violations) and assessments except as follows;
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(C) In the event any notices (including violations) and assessments are received after execution of this Agreement and before settlement, Seller will
notify Buyer in writing. within 5 days of receiving the notice or assessment, that Seller will:
I. Comply with notices and assessments at Seller'.~ expense, in which case Buyer accepts the Property and <lgrees to the RELEASE set forth
in paragraph 25 of this Agreement, OR
2. NOT comply witllnotices and assessments at Seller's expense, in which case Buyer will notify Seller within 5 days in writing that Buyer
will:
122
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Comply wilh nolices and assessments at Buyer's expense and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR
Tenninate this Agreement, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer
and this Agreement will be VOID.
If Buyer fails to notify Seller within the time given, Buyer accepts the Property and agrees to the RELEASE set forth in para-
graph 25 of this Agreement.
(D) Buyer is advised that access to a public road may require issuance ofa highway occupancy pelmit from the Department of Transporralion.
(E) If required by law, within_ days of the execution of this Agreement, Seller will order for delivery to Selling Broker, irany, otherwise
to Buyer, on or before settlement,
I. A certification from the appropriate municipal department or departments disclosing notice of any uncorrected violation of zoning, hous-
ing, building, safety or fire ordinances, AND/OR
2. A certificate pelmitting occupancy of the Property. In the event repairs/improvements are required for the issuance of the certificate. Seller
will, within 5 days of Seller:s receipt of the requirements, notify Buyer of the requirements and whether Seller will make the required
repairs/improvements at Seller's expense.
If Seller chooses not to make Ihe required repairs/improvements, Buyer will, within 5 days, notify Seller in writing of Buyer's choice to termi-
nate this Agreement OR make the repairs/improvements at Buyer's expense and with Seller's permission, which will not be unreasonably with- ,iJ(]
held. If Seller denies Buyer pelmission to make the required repairs, Buyer may, within 5 days of Seller's denial, terminate this Agreement. If ,L)l
Buyer tenninates this Agreement. all deposit monies paid on account of purchase price will be returned promptly to Buyer and this Agreement
will be VOID.
,W IS. TITLE, SURVEYS & COSTS (1-00)
(A) The Propetty is to be conveyed free and clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the following: existing U~
deed restrictions, historic preservatioo restrictions or ordinances, buildillg restrictions, ordinances, easemenfS of roads, easemenls visible upon
the ground, easements of record, privileges or rights of public service companies, if any; otherwise the title to the above described rea] estate
will be good and marketable and such as will be insured by a reputable Title Insurance Company at the regular rates.
(B) In the event Seller is unable 10 give a good and marketable title and such as will be insured by a reputable Title Company at the regular rates,
as specified in paragraph 15(A). Buyer will have the option of taking such title as Seller can give without changing the price or ofbeillg repaid .)"ii
all monies paid by Buyer to Seller on account of purchase price and Seller will reimburse Buyer for any costs incurred by Buyer for those items j;,:
specified in paragraph I 5(C) and in paragraph 15(D) items (I), (2), (3); and in the latter event there will be no further liability or obligation on
either of the parties hereto and this Agreement will become VOID.
(C) Any surveyor surveys which may be required by the Title Insurance Company or the abstracting attorney, for the preparation of an adequate
]egal description of the Property (or the cOITection thereot). will be secured and paid for by Seller. However, llllY surveyor surveys desired by
Buyer or required by the mortgage lender will be secured and paid for by Buyer.
(D) Buyer will pay for the following: (I) The premium for mechanics lien insurance and/or title search, or fee for cancellation of same, if any:
(2) The premiums for flood insurance and/or fire insurance with extended coverage, insurance binder charges or cancellation fee, if any;
(3) Appraisal fees and charges paid in advance to mortgage lender, if any; (4) Buyer's customary settlement costs and accruals.
'1611 16. ZONING CLASSIFICATION (1-00)
Failure of this Agreement to contain the zoning classification (except in cases where the property {and each parcel thereof, if subdividable I is zoned
solely or primarily to pennit sing]e-fnmily dwelIings) will render this Agreement voidable at the option of the Buyer, and, if voided, any deposits _tn"
tendered by the Buyer wi1l be retumed to the Buyer wilhout any requirement for court action.
Zoning Classification:
o ELECTED. Within _ days of the execution of this Agreement, Buyer will verify that the existing use of the Property as
is pennitted. In the event the use is not pennitted, Buyer will, within the time .\)}5
gh'en lor verilication, notify Listing Broker, if any, othelwise Seller. in writing that the existing use of the Property is not pemlitted and this
Agreement will be VOID, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer. Buyer's
failure to respond within the time given will constitute a WAIVER of this contingency and all other terms of this Agreement remain in
full force and effect.
Hi 17.~A~ NOTICE
11::: ~NOT APPLICABLE
,\73 0 APPLICABLE
THIS DOCUMr:NT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RtGHTS OF SUPPORT UNDERNEATH THE SURFACE LAND
DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL R10l-ITro REMOVE ALL SUCH COAL AND
IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. (This HI;
notice is set forth in the manner provided in SectiOIl I of the Act of July 17, 1957, P.L. 984.) "Buyer acknowledges that he may oot be obtaining Ihe
right of protection against subsidence resulting from coal mining operations, and that the property described herein may be protected from damage
due to mine subsidence by a private contract with the owners of the economic interests in the coal. This acknowledgement is made for the purpose
of complying with lhe provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966." Buyer agrees
'131 to sign the deed from Seller which deed will contain the aforesaid provision.
-18~ 18. POSSESSION (1~98)
(A) Possession is to be delivered by deed, keys and:
I. Physical possession to a vacant building (if any) broom-clean, free of debris at day and time of settlement, AND/OR
2. Assignment of existing ]ease{s), together with any security deposits and interest, at time of settlement, if Property is tenant-occupied at the
execution of this Agreement or unless otherwise specified herein, Buyer wi\l acknowledge existing ]ease(s) by initialing said lease(s) at
time of signing of this Agreement. if Property is tenant-occupied.
(B) Seller will not enter into any new leases, written extension of existing leases, if any, or additional leases for the Property without expressed
wrirren consent of Buyer.
-l~r, 19. RECORDING (3--85) This Agreement will not be recorded in the Office for the Recording of Deeds or in any other office or place of puhlie record
and if Buyer causes or pennits this Agreement to be recorded. Sel]er may elect to treat such act as a breach of this Agreement.
.)'1',' 20. ASSIGNMENT (3--85) This Agreement will be binding upon the pmties, their respective heirs, personal representatives. guardians and successors,
and to the extent assignable, on the a~signs of the parties hereto, it being expressly understood, however. that Buyer will not transfer or assign this
.19.; Agreement without the written consent of Seller.
.ms 21. DEPOSIT & RECOVERY FUND (1~OOl
(A) Deposits paid by Buyer within 30 days of settlement will be by cash. cashier's or certified check. Deposits, regardless of the f01m of payment
and the person designated as payee. will be paid to Broker orpl1rty identified in paragraph 3(F), who will retain them in an escrow account until
consummation or tennilllltion of this Agreement in cOllfonnity with a]1 applicable laws and regulations. Any I1lIcashed check tendered as deposit
may be held pending the acceptance of this oller.
(B) In the event of a dispute overentitlemel1t to deposit monies, a broker holding the deposit is required by the Rules and Regulations of Ihe State
Real Estate Commission (49 Pa. Code ~35.327) to retain the monies ill escrow until the dispute is resolved. In the event of litigMioll for the
return of deposit monies, a broker will diSllibute the monies:iS directed by a final order of court or the written Agreement (If the pmtie~, Buyer -II"
and Sellcr agree that, in the event [IllY broker or aftiliated licensee isjoilled in litigation for the return of deposit monies. the attol'l1eys' I'ees and
costs of the bro~e.r(s) m~~}ieensee(s) will be paid by the party joining them. A ,~
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(C) A Re:1J [slaW !\eCOI'C'_f) F\lI~d ",xi$!~ to reimburse any persons who h:we ohtained a rilwl civil jlJdgrryenl agai\\st a Pc-n1lsylvania real esta',\:
li~'ensC'<: (lwing Ie> fraud. misrepresentation. Il['lkl"eit ill ,I [{~al estate LwnsaeLion and who have been unnble to eol\cut Iile judg.melll nrj(~rexhal\st.
ing all k:g:ll alld cqllilabk rell1l.':dies. For (,lllllpletl~ details about the Fund, call (717) 7:13-3658. Ill' (~OO1 822-1113 (within Peullsylvania) nnd
(7 j n 783-4S:14 (DUlside Pennsylvania)
22.~()OI\'lINIUM/PLANNED C()Ml\-H.JNlTY (I-H)MEOWNER ASSOCIATION) RESALE NOTICE (1-00)
~ NOT APPLICABLE
D APPUCABLE: CONDOMINIUM
BLl~,r(,T ackno\vledges that the Propcrly is a unil or 11 condominiulll IImt is Plimarily run hy a unit owners' llssociatioll. *3,J07 of the Uniform
Condominiun1 Act or Pennsylvania requires Sellcr to J"ullli.'ih Buyer wilh a Certificale of Resale and copies of Ihe cundominiulll dcclamtion
(other than pl<lts and plans). the bylaws, and the rules and regulations of the associmion.
o APPUCABLB: PLANNED COMMUNITY (HOMEOWNER ASSOCIATION)
Buyer <lckno\\'ledges that the Property is part of n planned cOlllmunity a::; defined by the Unifonl1 Planned Community Act. (See Definition of
Planned Community Notice for the detinition contained in the Act). *5407(a) of the Act requires Seller to furnish Buyer with a copy of the
Declaration (other than plats and plans), lhe bylaws. the rules and regulutions of the association, and a Certificate containing the provisions set
forth in ~5407(a) of the Act.
(A) Within ~ days of the execution of this Agreement, Seller will submit a request to the association for a Certificate of Resale amI the doc-
uments necessary to enable Seller to comply with the Act. The Act provides that lhe association is required to provide these documents wilhin
iO days of Se!ler's request.
(B) Under lhe Act, Seller is not liable to Buyer for the failure orde!ay of the association to provide the Certificate in a timely manner, nor is Seller
liable 10 Buyer for any erroneous information provided by the associlllion and included in the Certificate.
(C) Buyer may dedare this Agreement VOID at any time before Buyer's receipt of the association documents and for 5 days thereafter. OR until
senlemelll, whichever occurs first. Buyer's notice declaring this Agreement void must be in writing; thereafter all deposit monies will be
rerumed to Buyer.
(D) In the event th~ association has the right to buy the Property (right of first refusal), and the association exercises that right:, Seller will reimburse
Buyer fo!' all nlOnies paid by Buyer on account of purchase price and for any costs incurred by Buyer for: (I) The premium for mechanics lien
insurance and/or title search. or fee for cancellation of same, if any; (2) The premiums for flood insurance and/or fire insurance with extend- .1,,'
ed coverage. iIlsurance binder charges or cancellation fee, if any: (3) Appraisal fees and charges paid in advance to mortgage lender, if any; "j:l:-
(4) Buyer"s customary settlement costs and accruals.
5.1,\ 23. MAINTENANCE & RISK OF LOSS (1 "00)
<A) Seller will maintain the Property, grounds, fixtures, and any personal propelty specifically scheduled herein in its present condition, normal
wear and tear excepted.
(B) III the event any system or appliance induded in the sale of the Property fails and Seller does not repair or replace the item, Seller will promptly
notify Buyer itl WIlting of Seller's choice to:
I. Repair or replace the failed system or appliance before settlement or credit Buyer at settlement for the fair market vaiue of the failed sys-
tem or appliance (this option must be acceptable to the mortgage lender. if any). In each case, Buyer accepls the Property and agrees to
the RELgASE set forth in paragraph 25 of this Agreement, OR
2. Make no repairs or replacements, and not credit Buyer at settlement for the fair market value of the failed system or appliance. in which
case Buy(.r will notify Seller in writing within 5 days or before settlement, whichever is sooner, that Buyer will:
a. Acc(.pt the Property and agree to the RELEASE set forth in paragraph 2S of this Agreement, OR
b. Temlinate Ihis Agreement, in which case aU deposit monies paid on account of purchase price will be returned promptly to Buyer ;d'
and this Agreement will be VOID.
(C) 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 prop- ~ 'i'
erty included in this sale that is not repaired or replaced prior to settlement, Buyer wi[( have the option of rescinding this Agreemem and 'i.~r
promptly receiving al! monies paid on account of purchase price or of accepting the Property in its tJlen condition toget\1er with the proceeds
of any insurance recovery obtainable by Seller. Buyer is hereby notified that Buyer may insure Buyer's equitable interest in this Property as of
the time of execution of this Agreement.
SSe 24. WAIVER OF CONTINGENCIES (1ROO)
In the event thili Agreement is conli.ngent on Buyer's right to inspect .md/or rev.lir the Property, Buyer's failure to exercise any of Buyer's optilms
within the time limits specified in the conlingency provision/s) will constitute a WAIVER of that contingency and Buyer accepts the Properly
and agrees to the RELEASE set forth in paragraph 25 of this Agreement.
25. RELEASE (1ROO) Hilyer hereby releases, tluit claims and forever discharges SELLER, ALL BROKERS, their LICENSEE..I;), EMPLOY-
EES, and any OFFICER or PARTNER of allY one of them and any other PERSON, FIRM, or CORPORATION who may be liable by or
thnmgh them, front any and all claims, losses or demands, including, but nut limited to, personal injuries and property damage and all of
the consequences tllereof, whether now known or nOf, which ma~' arise from the presence of termites or other wood-boring insects. radon.
leHd-bllsed paint Iwnrds. en"il"Onlllentl1llmz3l'd~, lUlY defects in the individual on-lot sewage disposal system or deficiencies in the on-site
water scnice system. or any defects or conditions on the Property. This release will survive settlement.
'i(;,;~ 26. REPRESENTATIONS (1-00)
(A) Buver understands that any representations, claims. advertising, promotional activities, brochures or plans of any kind made by Seiter. Broken;,
their licensees, employees, officers, or partners <Ire not a part of this Agreemem unless expressly incorporated or stated in this Agreement.
(8) It is underslopd that 8uyer has inspected the Property beFore signing this Agreement (including fixtures find any per~onal property
.~peciJically scl1eduled herein), or has waived the right to do so, and has agreed to purcllllse it in its present condition unless otherwise
stated in this A.greement. Buyer acknowledges that Brokers, their licensees, employees, officers or pal'fners have not made an indepen-
dent examination nr determination of the structural soundness of the I)nJperty, the age or cnndition of the components, environmental
conditions, the permitted uses, or of conditions existing in the locale where the Property is situated; nor have they made a mechanical
inspection uf any of the systems cuntained therein.
(C) It is further understood that this Agreement contains the whole agreement between Seller and Buyer and there are no other telms. obligations,
covenants, representations. statements or conditions. oral or otherwise of any kind whalsnever concerning this sale. Furthennore, this
Agreement will not be altered, amended, changed, or modified eKcept in writing executed by the parties.
(0) The headings. c:aptions, and line numbers in this Agreement are meant only to make it easier to find the paragmphs.
.; 'c 27. TIME OF THE ESSENCE-DEFAULT (1ROO)
The said time for settlement and all other times refeITed to for the perfonnance of any of the obligations of this Agreement are hereby agreed to be
of the essence of this Agreement. For lhe purposes of this Agreement. number of days will be counted from the date of execution, by excluding Ihe
day this Agreement was executed and induding the last day of the time period. Should Buyer:
(Al Fail 10 make any additional payments as specified in paragraph 3; OR
lB) Fumish false or incomplete infonnalion to Seller. I.isting Broker. Selling Broker, or the Illortgage lender, if any. concell1ing Buyer's IeguJ or
Iinancial ~tiltus, or [ail to conperale in the processing of thc mortgage loan application. which acts would result in the fuilure to ll!Jl.lin the
approval uf n 1110rlgage loan commitmenl: OR '
(e) Violale or j~\IIIO fulfill and perform any nther le1111S or cOllditiof1.~ of this Agreemcnt:
thell in ~lIch Ci1~C. Seller ha~ the option of re-taining all ~Ul11S paid hy Buyer. inclllding lhe dCl'llsill1lonies. !) nn <lCCllunt of purch.N' [l1ic~, ,}r
2) ~I~ monies hi be ar[lli~d to ,'kller's damuges. or J) as liquidated damug(;'~ for sl1ch brc;lCh. a~ Seller m;\y e1ec!. unless utherwise checkell
beluw,
o St:lkr IS limil~l! 10 retaining ~1I1l1~ prlitJ by Buyer. induding deposit lIlonie,. as liqllidmed damages.
ff St'lkr ,'leels tu 1','I,lin all Stllll~ prlid by Buyel'. including deposit moniC's. as liqllid:1h'd dall1ag~~. Rlly"'r ::mu Sellcr will be ["t~k:;~ed frolll rur-
thl'r liabilllY or obligarion and this Agreement will be VOID.
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DEFINITION OF,\ PLANNED COMMUNITY
"! ht, Vnir~'nll Pl:mncu Community .<\cl Jrfincs '"plahl1c.T cQl".mmnJtY":1~ rcnl estute with respr.l.'t to ~ hid1 a prrSon, hy virtue (It o.....nc1"<;hip (l( "\1\ j'ltcrest in
'fly [lllltioll nf the r('ll! estat\', i~ or may become "h!i~atC'd by c<nTlj;Jrif.-c;l~C'lllent Of :lgrecmclll iinposed on the -owner's inicr<:st to pay llll) lllll('lllnl lor real
l_>wl'CI'fy 1~:>'C'l" in,'llrmlcl'. maimeTl,lllt'C, n'pair, inlpm\"cmfl1t, mal1:rg('nll'nl. admini:.mlli(lfl or regulatil1n of any 1':I1't of thf' re,tl ~aal'" /ltller IJi<ll1 the pOlti\'TI
u, i1ltei'0M l1\\l1l.'d "llel)' b) tlK' p,'rsrm, The IcnTI e~dude~ a ,,:u"i'cnl1h'l' nnJ u conduminium, but n c('l!'"Tcr:lliVC' or c9!!sig!~iniLirlfin")' ht, [1:1r! of a planned
Vlll:lIllUlliIJ, rur lh' p\lrpn.~t"s llf this lklinilinn, "ll\nlCl~hil''' ilh'hldc.~ h01dillf.:l !ca.~d]llrd intcrl:st of mol"(' thal~ ~O ye_:lr,~: in.du~,jlg rcrv:wal 0rli"n~, ;;1 real
1'.;llllL',11w It'nn includes nOlHt'_"iJeIllJuJ elllnrgrouml communities, - -;-t- "..::_-_: "-. :,~~--
'-'- -~-, ,;~'.<-
r't'l1lpll/'J)-O frl1m tlw t1nirtlt"m t'T.mncd Cllnllllllnttr Aet - "11rll a ('{'rtul-c:zt~ QfRcsnlc is Not Rcquir't!rl
"'II~ ; .'.l't'1 "I' ~ pH ['-:-rt., \"'.ll,'d v-.itllill .1 1:",,11\\'11 ,,-~lmnlllllit} is 11N r~qldl\,tl to fl1mhh the bU)l.'r \fjJh i ~r.~ficili(' of rt,';lh; 11l~:I('r l!k' f,'lIll\\.illl,': ril\'Um
sluu..:c~' _0. - ":r-' ",0," ~.{"-J__ -
l"ho' r'1,rnl1':'! 1~'''';,;1J:\d'~ ,"::n:i:~ no ll1(,r" ;h.lfl !~ u:li(~, pro.:idf:(l th.;;r,' h 'li"PC!~;i1-'iHiy ~1 addiilg_(C~t~i[n[c:~;'-sul,tli\ idii1i! unil' (,\ ill'~"',l~~ lh: ,j_'"
()IIIK' Il!al1nnJ C:tllllmunity, ___'.c'_, _ _ _~-_
"!". r! ',)11<,.1 C,'l1ltolll,.iI~ ;~ ,'11" in \\11),:), .111 "r <1,,- up,[' a", l'\ ,!>:t~'~~'(!" ",:11] ii~'d:, (" 11l1ll-l'c;,ideilli"f Il~C. 'illl!t-<l.<; :1lL' ,', _Lna.tim p" \ ;,l,'~ Ii",! 11<.- \. _."le'
:',H'\~_I':J!~ :JJC n~v..:llhdn~ In be' f\,lJowed.
, "i""',] I ("'1,' ;),i'l~ ." ",);,; ar'_'ln'_'.ll' ,l, 'I!-,i.!,' fllc Cr'iTlil\;lll',,(,;l\tl, ("f f'Cijll,vh-'l'1;;J
, ' , . ':' ,'i ; ~ 1'. , :1' il '
"Ii,,,t,,t:: ;r:ll.-Iu
< ~ I.' '.- 'I
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"', ~(lVt'I:~~'~'111 ~V; i!CI\'trr<r'lCr,l,l.1 ,,'.', n' y,
,;"."\'11 !" r'')H.'d('.',~Ii,' VI !1. !iHl d rUn:, b.TlL'
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j';I'2~'n;''''', rill,!!, l'IT"I';'-,r: s~;](".n":;;' :,,1,: j:.'.J"l!1 k Hc:.;c!,;';;"n
'( I'.!,H);I:!'" ",I' "l.lI:r,'~.1 .-< ti'J~al"t'. ';..,;: ,.:, 'Tnl';" 1\ II~ 1""1-'_1, '5U',CO ,c,::1. it L"'lI~' ",lI. 1'1Ill':.Ql-l'" ;",' r~I'r
'-'I-I" '1' ii' \,;!'''';;''. <'1 ij--: ~'(!:',,::- :,~llt.l'j". :",'1' ii", 1,II,n:,: 1 _ "1,,,1._ jr"tl,l~rl',.I1' 1:lt.' &\1,- JI" ;-'H~" c'.~.::u," liI;'- /'~'!
~'"I, ,,' .-.'.:;; r ':, ,_l,r;s [,fie" H'--<::l,.;IJ~ ii'<' r,,!,lit Un, ~;,' :~L-,l';:, lclll 'lU'J :111; .1""':1.1 ",'j"-: lhU! ill,'!l;'rl;tl!:. ",',d~.uL, ,..._1) ,,1:. n
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. _, ,"L \;!'cl'.'1yrd. lhr..v F):r. ~J;"_' i >111 ...,,":~I"_'l' "lil,;" 7 ,1"" " ,')'.-r l\'l'd\ ill!; Ill;: l'Ilhlic Ollt'dll;o SlakllH..'ltl ;1"J ,Iii) arJlrl!':n1:I!I'. n"" IrI:',' .1;11
;II''' W.l\'ll "'1>' offeCl UUYf:T,
TII\IE 15 or-TIlE ESSENCE
,\11 u,\l.C~ UIliJ tim~ [iuiir5 51'1 V. ilhill lhi.. Ag:rel'ment mll~t be adhereu tll or this Agreement il' brcadll"u. FOl the pUl'r".~cs of lhi~ AgrccmC'nt, numh",,1 ,,[ days
'., III l~ CllUtl!I;J fm11l Ilw dal(: or executioll h.-' ,-,,,duding lht, JHi un V.ilich thi~ Agrecmclll 1.I.1S eXt'culcd and by inclllding lhe l;lsliJ~l) tlf the time pL'rioJ, Tjl~'
datl:' of execution is tIle Jmr \\-hen Euyn l\llU Sel1er have !.l1uicatcd full aereptance of thi:; Agreen1cnf hy I>lgninr, and/or initiafil1g.it.
~-
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28.
BROKERS (1~OO). The Business Relationships hetwccn the Brokcr(s) and Seller and Buyer are as f(l~IO'Ws, UNLESS a different relutionship is
checkedl1dow. . .
(A) The Listing Broker is Agent tor Seller.
(8) The Selling Broker is Agent for Buyer,
(C) When the Lisling Broker and Selling Broker arc the same, fhe Broker is a Dual Agent. Dua! Agency <lPplies to all licensee.s, UNLESS there is
a Designated Agent(s) for Seller and a Designated Agent(sl for Buyer. If the smne Licensee is desigll<lted for Seller and Buyer, the Licensee is
a Dual Agcnt.
A Business Relafiunship exists that is dil't'erent from above, as follows:
o The Selling Broker is the Agenl/Sub.\gent for Seller.
o The Selling Broker is a Transaction Licensee.
o The Listing Broker is a Transaction Licensee,
(01 Broker(s) lllay perfOnll services to assist unrepresented parties in complying with the terms of Utis Agreemenl
MEDIATION (7~96)
o NOT AVAILABLE
o WAIVeD. Buyer and Seller understand that they may choose to mediate at a later date, should a dispute arise, hut that there will be no obli-
gation on the part ol'any pmty to do so.
o ELECl-ED
(A) Buyer [llld Seller will try to resolve any dispute or claim (hut may arise from this Agreement through mediation, in accordance with the Rules
and PrOcedtlre,~ of the Home Sel1ers/Home Buyers Dispute Resolution System, Any agreement reached through a mediation conference and
signed by the parties wilJ be binding.
(B) Buyer .1Ild Seller acknowledge that Lhey htlVe received. read, and understand the Rules and Procedures of the Home SelJerslHome Buyers
DisputB Resolution System, (See Mediation Notice.)
(el This agreement to mediate disputes arising from this Agreement will survive settlement.
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'1"<1 Buyer and Seller acknowledge that they have read and understand the notices and explanatory information set forth in this Agreement.
'I':
';o!1) Buyer acknowledges receiving a copy of this Agreement at the time of signing.
i:~1
NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Retum by facsimile transmission (FAX) of this
.,::1 Agreement, and 3.11 addenda, bearing the signatures of all parties, constitutes acceptance of this Agreement. Parties tp this transaction are advised ,., -:'
toconsultan rneybeforesigning iftheydesil"e legal advice. flJ ,\If r ,j) dJ ~\:klf(l\~~, ,2tto...{ )jk-.-c...J;'~,'
WITNESS BUYERVl)"-I\J~l~\JIbA/'lrr-{V,kclb-,I;,4 DATE iJ},V)OO ::;'
Buye- Name L':,(: '.i~.'''\'.:.t;"j (,f.'lr'.... f..~.j.t_t\.. --Iy\V'.. SS# '
Mailing Address T>,tJ 'i\(1'<_ 7'-'0, (l,;,!-, l,~)e... ;>,,,- 170/3
Phone#s L---'-(?"l" bC'!!oC!'l FAX # 'L\.i'i - L." ~(
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WITNESS BUYER DATE
Buyer Name (print) SS'
Mailing Add(ess
Pnone #s FAX' E-Mail
WITNESS BUYER DATE
Buyer Name (print) SS'
Mailing Add(ess
Phone#s FAX # E-Mail
6"
1134
635
636
637
6"
630
640
641
642
154'1
fl4f~
645
646
1JJ7
!i43
6,m
850
651 WITNESS
B52 Seller Name (print)
:i~3 Mailing Address
554 Phone #s
Seller hereby apprOves the above contract this (date)
and in consideratiQ of the services rendered in procuring the Buyer, Seller agrees to pay the named Listing Broker a fee of
of/from the herein s e 'fled sale price, In the event er defaults hereunder, any monies paid on account will be divided
Seller, ,L' 'ng fP'jr. b /(n no event will the srnn paid to t isting Broker be in excess of the above specified Br~ker's fee,
WITNESS L U SELLER O~ DATE 12./7/=
Seller Name (print)
Mailing Address
Phone #s
SS'
FAX # E.MaiI
SELLER
S8.
FAX # E-Mail
SELLER
SS.
FAX # E-Mail
DATE
DATE
055
ij51:)
WITNESS
Seller Name (print)
Mailing Address
Phone#s
li57
558
55!!
lifiO
ij61
Brokers'/Licenser.s' Certifications (check all that are applicable):
o Regarding Lead-Based Paint Hazards Disclosure: Required if Property was blJilt before 1978: The undersigned Licensees involved in
'this transaction, on behalf of themselves aru1their bfQkers, certify that their statements are 'iIUe tj} the best j}f their knowledge and belief.
Acknowledgement: The Licensees involved in this transaction have infomled Seller of Seller's obligations under The Residential Lead Paint
Hazard Reduction Act, 42 U,S.c. 4852(d). and are aware of their responsibility to ensure compliance,
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:i:", 0 Regarding FHA Mortgages: The undersigned licensees involved in this transaction. on behalf of themselves and their brokers, certify that HI;7
;;')'1 the teonS of this contract for purchase are true to the best of their knowledge and belief, and that any other agreement entered into by any of IiI;!;
[,WI these parties in connection with this transaction is attached to this Agreement. :jM
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o Regarding Mediation: The undersigned 0 Listing Broker 0 Selling Broker
graph 29 of this Agreement.
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LISTING ~ROK.ER1Q C'J,' n!!p"'l:'~'l.'''')
ACCEPTED BY ~.6 /'-^-.J'--
; ,
SELLING BROKER lC;rilpany Name)
ACCEPTED BY
agree to submit to mediation in accordance with para-
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DATE
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DATE
[,79
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MEDIATION
[)ISPlITE RESOLHnON SYSTEM RUI,ES AND PIWCEDURES
1. Agreement ot' Partics The Rules llnd Procedures of the Dispute Resolution System (DRS) apply when the parties havc agreed ill writing to mediate
under DRS, The written agreelllCIl1 can be achicved by a slalldard c1,.lUse ill an agreement of ,sale, an addendum to an agreement of sale, or through a
sepUralc wnttcn <lgrel:n1enl.
2. Initiatiun (If i\'lediatioll If a dispute exists, :lIlY party may ,start the mediation pl"{lce,~s by submitting a completed Request to Initiate Mediatioll DRS
Transmittal Form (Transmittal Form) 10 the local Association or REALTORS@ (her~aner "Admillistralor"). The Transmittal FonTI should be availablc
through the Admillistrator's office. The initiating party should try to include the following informatioll 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.
.1. Selection of Mediator Within five days of receiving the completed Transmittal Form, the Administrator will send each party to the dispute a copy or
the Translllillal Form and a lis! or qualified mediators ami their fee schedules, Each party then has ten days to review the list or mediators, cross off the
name of any mediator to whom the party objects. and return the list to the Administrator, The Administrator will appoint the first available mediator who
is actepLabJe to all parties involved.
(",..:f
A mediator who has any financial or personal interest in the dispme Of the results of the mediation cannot serve as ~ediator to that displlt~, unless all
partie,q are informed and give their wriuen consent,
~. Mediatiun Fees Mediation fees will be divided equally among the parties and will be paid ~efo!'t, tlie fuediation
the payment lemlS contained illlhe mediator's fee schedule.
.~ (', .
" Time and Place (}f Medialion Conference Within ten days of being appointedto'the dispute, the'i1l~diatOJ:,wiii contact the parties aud set the date,
lil11(' and rlacl' of the mediation conference. The mediator must gi\'~ at least twenty days' advance notice-to,all patties. The mediation conference should
1101 be morc than ~ixty days frolll the mediator's appointment to the di,spute.
6. Cnllduel of Mediation Conference The parties attending the mediation cOIH~rence will be expected to:
a. Havc the ClmllOrlty to enter into and sign a binding settlement to the dispute,
h. Produce all inFormatioll required for the mediator to understand the issues of the di,sptlte. The infonnlltioll may include relevant wriUcll ll1ale-
rials. descriptions or witnesses and the content of their testimony. The mediator can require the parties to deliver written materials alld inror-
mation befure the date of the mediation conference,
The mediator presiding over the conference:
a. Will impartially conduct an orderly settlement negotiation,
b. Will help the palties 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.
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SAIDIS
SHUffi.fIPWER
&LlNuSAY
ATmRNJmioM'1AW
26 w. Hill" Street
CarJisle, PA
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COMMONWEALTH OF PENNSYVANIA )
: 55.
COUNTY OF CUMBERLAND )
'3LA'?I'\-~ \3. \?',-,-,,-liLh0LD-erc
, being duly sworn
according to law, deposes and says that he is familiar with the value of real estate in the
Borough of Carlisle, Cumberland County, Pennsylvania, and that he has examined the
property that the CARLISLE AREA SCHOOL DISTRICT owns located at 1140 North
West Street, Carlisle, Cumberland County, Pennsylvania, and has for sale and is of the
opinion that the price of One Hundred Twenty-three ($123,000.00) Dollars offered
therefor is a fair and reasonable one and, that in his/her opinion is a better price than
could be obtained at a public sale and further, that he/she has no interest either directly
or indirectly, in the purchase or sale of the said property.
kn~~rJ-
Sworn and subscribed to before me this
I
,2000.
NOTAIIIAlSEAI.
CINDY H. VAIlHOlA, Notary Public
Camle ....... Cumbeoland County, PA
My C,om;..llllion bpires Oct. 26. 2002"
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EXHIBIT "C"
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SAlOIS
SHUffi.!!DWER
&~uSAY
.<<IORNElfMNAW
26W.HlghStroet
CarlIsle, PA
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COMMONWEALTH OF PENNSYVANIA )
: 55.
COUNTY OF CUMBERLAND )
51--cv.cn/ it(' (}4!Z)Zt ;/ )
, being duly
.
sworn
according to law, deposes and says that he is familiar with the value of real estate in the
Borough of Carlisle, Cumberland County, Pennsylvania, and that he has examined the
property that the CARLISLE AREA SCHOOL DISTRICT owns located at 1140 North
West Street, Carlisle, Cumberland County, Pennsylvania, and has for sale and is of the
opinion that the price of One Hundred Twenty-three ($123,000.00) Dollars offered
therefor is a fair and reasonable one and, that in his/her opinion is a better price than
could be obtained at a public sale and further, that he/she has no interest either directly
or indirectly, in the purchase or sale of the said property.
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Sworn and subscribed to before me this
't
/~ day of
84 ~A ~
,2000.
NOTAlifAl seAL
CINDY H. VAilHoIA, _'1 Public
Carii~. 11010. Cumberland Coumy, PA
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PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYL VANIA :
55.
COUNTY OF CUMBERLAND :
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2,1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
VIZ:
JANUARY 26, FEBRUARY 2, 9,2001 .
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
~~
Roger M. Morgent ai, Editor
SWORN TO AND SUBSCRlBED before me this
9 day of FEBRUARY. 2001
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NOTARI LSEA
LOIS E. SNYDeR, Notary Public
Corllole 10.0, C~ncf County, PA
My CoIn_on ex...... MQr<:hS, 2001
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CUMBERLAND LAW JOURNAL
NOTICE
NCITICE IS HEREBY GIVEN that
at the Cumberland County Court
House in Room No.2. on Wednes-
day, February 28, 2001, at 1:30
o'clock. p.m., a publiC hearing will
be held for the approval of a private
sale of real estate owned by the
Carlisle Area School District, being
Situate in the Borough of Carlisle,
Cumberland County, Pennsylvania,
known and numbered as: 1140
North West Street. Carlisle, Penn-
sylvania, and having thereon erected
a dwelling house.
Robert C. Williams
Secretary
Carlisle Area School District
SAIDIS, SHUFF,
FWWER & LINDSAY
Solicitors
Jan. 26; Feb. 2, 9
3
PROOF OF PUBLICATION
State of Pennsylvania,
County of Cumberland.
Sherry Clifford, Classified Ad Manager
of THE SENTINEL,
of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of
general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th,
1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice
or publication attached hereto is exactly the same as was printed and published in the regular editions and
issues of THE SENTINEL on the following dates, viz
Copy of Notice of Publication
NOTICE
NonCE IS HEREBY GIV-
EN that at the
Cumberland Countv
Court House in Room
No_ 2, on Wednesday,
Febi-uary 28, ~00"1, at
1:30 o'cfock, p.m., a
putllic hearing will be
~leld tor the approval of
a private sale of real
estate b'wiied'by the '
Carlisle Area School
District,_being situate in
the Borough of Carlisle,
Cumberland County,
PA, known and
numl:le:red as 1140
North West Street,
Carlisle, PA, and having
thereon erected a dwell-
ing house.
Robert C. Williams,
Secretary
Carlisle Area School
, District
SAICilS, "SHUFF', FLOWER
& L1NOSA Y
Solicitors
January 22, 29 and February 5, 2001
Affiant further deposes that he is not interested in
the subject matter of the aforesaid notice or
advertisement, and that all allegations in the
foregoing statement as to time, place and character
of publication are true.
Sworn to and subscribed before me this
day of February , 2001.
~~I 0 clJ-~
,
8th
Notary Public
My commission expires:
SHIRL OOTARIAL SEAL
C'risl~Y~~;~o.~~~[;;,~~~~t~~~UC
CommISSion Ex .res Au . 9, !RM3
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RESOLUTION
RESOLVED that the real estate located at the southwest corner of "H" and North West
Streets comprised of lots 1 C and 1 D on the Plan of Morgan Way in the Fifth Ward of the
Borough of Carlisle, on which the Vocational students have erected a dwelling house,
be and is hereby declared to be unused and unnecessary for School purposes; and
BE IT FURTHER RESOLVED that the offer of Dickinson Real Estate Investments to
purchase said real estate for the sum of $123,000.00 be and is hereby accepted,
subject to Court approval; and
BE IT FURTHER RESOLVED that the President of the School Board be and is hereby
authorized to sign an Agreement of Sale for the premises subject to the foregoing
provisions, and to sign a Petition to Court requesting Court approval of the sale.
ve Resolution was adopted by
01 Board Delfmber 7, 2000.
Cld- .
Robert c. W1ii1ams, secretary
Carlisle Area School District
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 8696 CIVIL 2000
PETITION FOR PRIVATE SALE OF REAL ESTATE
I, Robert C. Williams, Secretary of Carlisle Area School
District, do depose and say that on the 2Sili day of January, 2001
that I did post handbills regarding the hearing on the petition
for Private Sale of Real Estate owned by the School District
filed to the above number and term, a copy of which is attached
hereto, five in the general vicinity of the property and one on
the property to be sold.
In witness whereof, I have hereunto set my hand this 28th
day of February, 2001.
c~
Robert C. williams
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND : ss
On this, the ~~ay of February , 2001 before me, the
undersigned officer personally appeared Robert C. Williams, known
to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto s~ my ha d d official
seal. (/
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NOTICE
NOTICE IS HEREBY GIVEN that at the Cumberland County Court House
in Room No.2, on Wednesday, February 28, 2001, at 1 :30 o'clock, p.m., a public
hearing will be held for the approval of a private sale of real estate owned by the
Carlisle Area School District, being situate in the Borough of Carlisle, Cumberland
County, Pennsylvania, known and numbered as 1140 North West Street, Carlisle,
Pennsylvania, and having thereon erected a dwelling house.
Robert C. Williams, Secretary
Carlisle Area School District
SAIDIS, SHUFF, FLOWER & LINDSAY
Solicitors
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SAIDIS
SlllJ!tz. BPWER
. &LINvSAY
ATlOIINKYlMT,1AW
26W. HIgh_et
Carlisle,PA
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 8696 CIVIL 2000
PETITION FOR PRIVATE SALE OF REAL ESTATE
ORDER OF COURT
AND NOW, this ~.~ day of
cP"1Nv~, 2001, it
appearing that Notice of Hearing set for February 28, 2001 at
/:30 f..M., in Court Room No.~, was given in the Sentinel and
the Cumberland Law Journal, once a week for three successive
weeks before the date fixed for the hearing and by handbills
posted in accordance with the provisions of Article VII, Section
707(1), of the School Code, as amended, and it appearing after
hearing at which Robert C. Williams, Secretary of the School
District, testified that the property is unused and unnecessary
for school purposes, and to the posting of handbills, and at
which the affidavits of two realtors asserting the fairness of
the purchase price and that they had no interest in the. sale were
presented, and, further no witnesses appeared in opposition to
said sale; that the price offered for the property described in
the Petition is a fair and reasonable one, and that said price is
a better price than could be obtained at public sale, the private
sale of the premises described as being situate in the Borough of
Carlisle, Cumberland County, Pennsylvania, to Harold B. Kivlan,
III t/a Dickinson Real Estate Investments, for the sum of One
Hundred Twenty-three Thousand Dollars and 00/100 ($123,000.00),
is hereby approved, subject to the provisions of sale.
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SAIDIS
SIlU!'1'i. !!OWER
&Uf'llJSAY
ATIOIINI!lSo.U.lAW
UiW. Wgh st....t
CarBsle, PA
A Return of Sale shall be made to the Court after the sale
has been consummated and the Deed executed and delivered.
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SHUFF, FLOWER
& UNDSAY
AlTORNEYS-AT-LAW
26 W. High Street
Carlisle. P,I.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 8696 CIVIL 2000
RETURN OF SALE
AND NOW comes James D. Flower, Solicitor for Carlisle Area School District
and makes the following return of sale:
1. On the 22nd day of March, 2001, settlement was made for the real estate
located at 1140 North West Street, Carlisle, PA, in the office of Ronald E. Johnson,
Esquire at 78 West Pomfret Street, Carlisle, P A.
2. At the time of settlement a fee simple deed to the premises was given to the
purchaser and payment was made to the Carlisle Area School District, as authorized
by an Order of Court of Judge Bayley dated February 28, 2001 and filed to the above
number and term.
3. A copy of the settlement sheet is hereto attached.
IN WITNESS WHEREOF, the foregoing Return of Sale is made in accordance
with the hereinbefore mentioned Order of Court.
Carlisle Area School District
By:
II
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATrORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
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VERIFICATION
I verify that the statements made in this Return of
Sale are true and correct. I understand that false
statements herein are made subject to the penalties of 18
Pa. C.S. Section 4904, relating to unsworn falsification to
authorities.
Carlisle Area School District
Dated:
31 :{t<.) (];!
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J~mes D. Flower, Solicitor
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. Andiews & Johnson
A. SETTLEMENT SHEET
78 W. PomfretSt. Carlisle. Pa. 17013
HUD-1
RESPA HB 430.5-2
B. Type of Loan
- FHA - FmHA - Conv. Unins. F"eNo. I Loar. No. Mortgage Ins. Case No.
VA Cony. Ins.
e, This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agents are shown.
Items marked "(p.o.c.)" were paid outside Ihe closing: They ate shown for informational purposes and are not Included in the totals.
D. Name and Address ,of Borrower E.Name and Address of Seller F. Name, and Address of Lender
DicKinson Real Estate Investments Carlisle Area ,School District Orrslown Bank
G. Property Location H.Settlemenl Agenl
1140 North West Street Ronald E. Johnson, Esquir~
Carlisle, PA 17013 Place of Settlement I. Settlement Date
78 West Pomfrel Street March 22, 20.0.1
Ca~isle PA 170.13
J. SUMMARY OF BORROWER~S !r.RANSACTION . K. SUMMARY OF 'SELLER'S TRANSACmpN .
100. GROSS AMOUNT'DUE FROM aO~ROWER: 400. GROSS AMOUNT DUE TO SE~LER: .
101. Contract-sales price, . . $123,0.0.0..0.0. 401. Contract sales poce $123;0.0.0..0.0.
10.2. Personal Property 402. Personal property .
10.3. Settlement charges to borrower(linel40C) I, . $2,972.0.0. 403.
10.4. . . , 404.
.
10.5. . 405.
Adjustments for items paid by seller ill :aqw.nce: Adjustments for items Raid 'J>y sell~r 'in !advanc'e:
10.8. Cityllowntaxes ,'I to 1 $0..0.0. 406. Cityllown taxes to $0..00
10.7. County taxes 3/2210.1 .. to 12/31/0.1 $5..61 407. County taxes 312210.1 to 12/31101 $57.61
10.8. Assessments to . 408. AssOSJlments to
1 09. Maint~nance . to : 4Oa. Maintenance to I
11 C. School taxes 3/2210.1 to 6/30./0.1 . .' . $22.76 41 C. School taxes 3122i01 to I 6130/0.1 , $22.76
111. to . 411.. Commftmenlfee to ,
112. 10 . . 412. . 10 , 1
120. GROSS AM9.","NT'~UEFfl.OMBq~OWER: . ..... $125,147.37 420. GROSS AMO!lNT DUE TO SEL~ER: $123,0.75.37
200. AMOUNTS!'.4.IBl;\YOR IN!3;EHALF OF ElOfl.RoWER: 50.0.. RED!lCTIONS Ifl:AMOUNT oU!; TO SELLER:
20.1. Deposft or eamesl money $5,0.0.0..0.0. 50.1. Excess deposft (~ee inslructions) .
20.2. Principal amount olnewloan(s) $10.7,0.0.0..0.0. 50.2. Settlement charg~s to ~eller (line 1400.) $5,639.59
20.3. Exisling loan(s) laken.subject to 50.3. Exisling lcan(s) laken subject 10
204. Commitment Fee 50.4. Payoff of first mortgage
205. . 50.5.
20.6. 506.Payoff of second mortgage loan
20.7. 50.7.
20.8. . 50.8.
209. 509.
Adjustments for items unpaid by seller: Adjustments for items unpaid by seller:
21 C. Cftyllowntaxes to $0..0.0. 510.. Cityllown laxes to $0..0.0.
2\ 1. County taxes 10 $0..0.0. 511. County taxes to $0..0.0.
212, Assessments 10 512. Assessments to
213. School taxes to $0..0.0. 513, Maintenance 10
214. to 514. School/taxes 10 $0..0.0
215. to 515. to
216. to 516. to
217. to 517. to
218. to 518. 10
219. to 519. to
220. TOTAL PAID BYIFOR BORROWER $112,0.0.0..0.0. 520. TOTAL REDUCTION AMOUNT DUE SELLER: $5,639.59
300. CASH AT SETTLEMENT FROM/TO BORROWER 600. CASH AT SETTLEMENT TO/FROM SELLER:
301. Gross amount due from borrower (line 120): $125,147.37 601. Gross amount due to seller (line 420) $123,0.75.37
302. Less amounts paid by/for borrower (line 220) $112,0.0.0..0.0. 602. Less total reductions in amount due seller $5,639.59
303.CASH IIX 1 FROM) II 1 TO) BORROWER: $13,147.37 603. CASH IIX I TO) II I FROM) SELLER: $117,435.78
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- , L. SETTLEMENT CHARGES Paid From Borrower's Paid From Seller's
700. TOTAL S~LES/BROKER'S COMMISSION Based on price $123,000.00 @ 3,5% funds at Settlement funds at Settlement
Division of commission (line 700) as follows: $4,305.00
701. to
702, $4,305.00 to B.H Agency
703. Commission paid at settlement $4,305.00
704.
800. ITEMS PAYABLE IN CONNECTION WITH LOAN.
801, Loan origination fee to
802. Loan discount to
803. Appraisal Report to
804, Credit Report to
805, Lender's inspection fee
806. Mortgage insurance application fee to
807. Assumption Fee to
808. Commitment Fee to
809, FNMA Processing Fee to
810.
811. .
900. ITEMS REQUIRED TO BE PAlO IN ADVANCE.
901. Interest from to @ per day
902. Mortgage insurance premium for mo. to
903. Hazard insurance premium for yrs. to
904. Flood insurance yrs. to
905.
1000. RESERVES DEPOStTED WITH LENDER
1001, Hazard insurance mo.@ per mo. $0.00
1002. Mortgage insurance mo,@ permo, $O.~O
1003, City property taxes mo.@ permo. $0.00
1004. County property taxes mo.@ permo. $0.00
1005. Annual assessments (Maiot.) mo.@ permo. $O.Op
1006. School Property Taxes mo.@ permo. $0.00
1007. Water Dist. Prop. Tax mo.@ permo. $O.Op
1008. Aggragate Escrow Adjustment
1009. I
1100. TITLE CHARGES:
1101. Settlement or closing fee to
1102. Abstract or title searcl1 to
1103. Title examination to
1104, Title insurance binder to
1105, Document preparation to
1106, Notary fees to cash $4.00
1107. Attorney fees to Saidis, ShUff, Flower & Undsay PQC
, Attomey fees to Andrews & Johnson $n5.00
1108. Title insurance to
(includes above items No.:
1109. Lender's coverage
1110. Owner's coverage
1111. Title Insurance Endorsements
1112. Restrictions
1113. Messanger service
1114. Wire fee to Andrews & Johnson
1115.Closing Protection Letter fee to Andrews & Johnson
1200 GOVERNMENT RECORDING AND TRANSFER CHARGES
1201, Recording fees: Deed $25.50 Mortgage $37.50 Releases $63.00
1202, City/county tax stamps: Deed $1,230,00 Mortgage $1,230,00
1203. State tax/stamps: Deed $1,230.00 Mortgage $1,230.00
1204. Tax Certificates
1205.
1300 ADITIONAL SETTLEMENT CHARGES
1301. Survey
1302. Pest inspection .
1303, Darlene Moyer, Tax Collector 2001 county/borough tax $67.61
1304. Carlisle Borough. water/sewer $36.98
1305,
1400, TOTAl SETTLEMENT CHARGES (entered on lines 103, Section J and 502, Section K) $2,072.00 $5,639,59
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CERTIFICATION
I direct and authorize the Company to make the distributions indicated for my account on the
attached HUD-1 Settlement Statement, approving the tax prorations indicated therein, and
understand that prorations were based on figures for the preceding year, or estimates for the
current year, and in the event of any change for the current year, all necessary adjustments
must be made between Seller and Borrower direct; likewise and DEFICIT in delinquent taxes
will be reimbursed to Title Company by the Seller.
I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge
and belief it is a true and accurate statement of all receipts and disbursements made on my
account or by me in this transaction. I further certify that I have received a copy of the HUD-1
Sett! ment Statement.
b1{lMYW )~~
arllsle Area School District
Borrowers
Sellers
To the best of my knowledge, the HUD-1 Settlement Statement which I have prepared is a
true and accurate account of the funds which were received and have been or will be
disbursed by the undersigned as part of the settlement of this transaction.
Date
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