HomeMy WebLinkAbout03-2334SHAWN R. UNGER,
Petitioner/Father
VS.
HOLLEE A. REPMAN,
Respondent/Mother:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2003-2 ~,~'f CIVIL TERM
IN CUSTODY
COMPLAINT - CUSTODY
AND NOW HERECOMES Shawn R. Unger, the Father, by and through his
attorney, Lisa M. Greason, Esquire and respectfully represents:
The Petitioner is Shawn R. Unger, who resides at 29 West Main Street, Plainfield,
Cumberland County, Pennsylvania.
The Respondent is Hollee A. Repman, who has no permanent residence but has
been living with various relatives in Delaware for approximately 5 weeks, prior to that
time, she resided at 23 Beech Street, Wilkes Barre, Luzerne County, Pennsylvania.
The Petitioner and Respondent are the natural parents of Tylor L. Unger and Tanner
B. Unger.
4. Father seeks custody of the following children:
Name:
Tylor L. Unger
Present Address:
29 West Main Street, Plainfield, PA
Tanner B. Unger29 West Main Street, Plainfield, PA
The children were born out of wedlock.
Age:
DOB: 11/3/92 - 10
DOB 7/25/95 - 7
During the past five years, the children have resided with the following persons and
at the following addresses:
Persons in home:
Address: Dates:
Hollee A. Repman, mother
Joe (last name unknown)
Mother's boyfriend
23 Beech Street
Wilkes Barre, PA 19958
April 2001-
April 2003
The children are presently in the custody of Father who resides at 29 West Main
Street, Plainfield, PA 17081.
Several homes throughout Delaware
8. The Father currently resides with the following persons:
Name Relationship.
Jennifer Ege
Asya Ege
Tylor L. Unger
Tanner B. Unger
Girlfriend
Girlfriend's child
Son
Son
9. The Mother currently resides with the following persons.
Name Relationship.
Joe (last name unknown) Boyfriend
-Mother has no permanent address so the persons she lives with changes as she
changes homes.
10. Father has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the children in this or another court.
11. Father has no information of a custody proceeding concerning the child pending
in a court of this Commonwealth.
12. Father does not know of a person not a party to the proceedings who has
physical custody of the children and claims to have custody or visitation rights with
respect to the child.
13. The best interest and permanent welfare of the children will be served by
granting the relief requested because approximately two months ago, Mother contacted
Father and stated her boyfriend Joe (last name unknown) stole all of her money and
spent it on drugs. She was unable to feed the boys. Father responded by sending food
to her for the children. On or about April 1, 2003, Mother removed the children from
Pennsylvania and took them to Delaware. Mother told Father that she was unable to
enroll the children in school in Delaware since she did not have a permanent address.
On or about April 9, 2003, she requested that Father take the boys for the rest of the
school year. Father immediately went to Delaware to get the children. He enrolled
them at Plainfield Elementary School. On or about May 12, 2003, Mother threatened to
remove the children from Father and their school and return with them to Delaware.
Prior to Mother contacting Father two months ago, Mother was refusing to allow Father
to have any visitation or partial physical custody of the children.
14. Petitioner believes it is critical for the children to have stability, remain in school and
remain in Petitioner's custody.
15. It is in the children's best interest and permanent welfare to remain with Petitioner.
16. Petitioner knows of no reason why he should be denied access, visitation or physical
custody of the children.
WHEREFORE, Petitioner requests this Honorable Court enter an order
granting shared legal custody to the parties and primary physical custody of the
children to Petitioner with periods of partial physical custody on alternating
weekends from Friday to Sunday to Respondent
Respectfully Submitted,
GREASON LAW OFFICE
Date
Carlisle, PA 17013
(717) 241-3030
ID #78269
VERIFICATION
I verify that the statements made in the foregoing Complaint for Custody are true
and correct. I understand that false statements herein are made subject to the penalties
of 18 Pa.C.S. [}4904 relating to unsworn falsification to authorities.
SHAWN R. UNGER,
Petitioner/Plaintiff
V.
HOLLEE A. REPMAN,
Respondent/Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2003-,2~,3Y' CIVIL TERM
IN CUSTODY
EMERGENCY PETITION FOR SPECIAL RELIEF PURSUANT TO RULE
1915.13
AND NOW, comes the petitioner, Shawn R. Unger, by and through his attorney,
Lisa M. Greason, Esquire, and represents the following in support of his
Emergency Petition for Special Relief Pursuant to Rule 1915.13:
1. The Petitioner is Shawn R. Unger, who resides at 29 West Main
Street, Plainfield, Cumberland County, Pennsylvania.
2. The Respondent is Hollee A. Repman, who has no permanent
residence but has been living with various relatives in Delaware.
3. The Petitioner and Respondent are the natural parents of Tylor L.
Unger, DOB: 11/3/92 and Tanner B. Unger, DOB 7/25~95.
4. The children have been residing with Petitioner since 4~9~03 and
are enrolled at Plainfield Elementary School.
5. Prior to that time, the children lived with Respondent in Wilkes
Barre, Pennsylvania.
6. Approximately two months ago, Respondent contacted Petitioner
and stated her boyfriend Joe (last name unknown) stole all of her money and
spent it on drugs. She was unable to feed the boys.
Petitioner responded by sending food to her for the children.
On or about April 1, 2003, Respondent removed the children from
8.
Pennsylvania and took them to Delaware.
9. Respondent told Petitioner that she was unable to enroll the
children in school in Delaware since she did not have a permanent address.
10. On or about April 9, 2003, she requested that Petitioner take the
boys for the rest of the school year.
11. Petitioner immediately went to Delaware to get the children. He
enrolled them in Plainfield Elementary School.
12. On or about May 12, 2003, Respondent threatened to remove the
children from Petitioner and their school and return with them to Delaware.
13. Prior to Respondent contacting Petitioner two months ago,
Respondent was refusing to allow Petitioner to have any visitation or partial
physical custody of the children.
14. Petitioner is concerned that Respondent will flee this jurisdiction,
remove the children from school and deny him visitation and physical custody of
the children if he does not file this Emergency Petition.
15. Petitioner has filed, contemporaneous with this Emergency Petition,
a Complaint For Custody. A custody conference has not been scheduled
pursuant to the Custody Complaint and may not be scheduled for several weeks.
16. Petitioner believes it is critical for the children to have stability, remain
in school and remain in Petitioner's custody.
17.Petitioner knows of no reason why he should be denied access,
visitation or physical custody of the children.
18. Petitioner requests that he be granted primary physical custody of the
children pending the custody conference. He is willing to communicate with
Respondent concerning periods of partial custody.
19. Petitioner's Counsel has contacted Respondent, to notify her about the
within Petition.
WHEREFORE, Petitioner requests this Honorable Court enter an order
granting shared legal custody to the parties and primary physical custody of the
children to Petitioner with periods of partial physical custody on alternating
weekends from Friday to Sunday to Respondent.
Respectfully Submitted,
GREASON LAW OFFICE
Date
i'isa M. Gre~~
P.O. Box 385
Carlisle, PA 17013
(717) 241-3030
ID #78269
Attorney for Petitioner
VERIFICATION,
I verify that the statements made in the foregoing Complaint for Custody are true
and correct. I understand that false statements herein are made subject to the penalties
of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
SHAWN R. UNGER,
Petitioner/Plaintiff
V.
HOLLEE A. REPMAN,
Respondent/Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2003-,253~ CIVIL TERM
IN CUSTODY
EMERGENCY PETITION FOR SPECIAL RELIEF PURSUANT TO RULE
1915.13
AND NOW, comes the petitioner, Shawn R. Unger, by and through his attorney,
Lisa M. Greason, Esquire, and represents the following in support of his
Emergency Petition for Special Relief Pursuant to Rule 1915.13:
1. The Petitioner is Shawn R. Unger, who resides at 29 West Main
Street, Plainfield, Cumberland County, Pennsylvania.
2. The Respondent is Hollee A. Repman, who has no permanent
residence but has been living with various relatives in Delaware.
3. The Petitioner and Respondent are the natural parents of Tylor L.
Unger, DOB: 11/3/92 and Tanner B. Unger, DOB 7/25/95.
4. The children have been residing with Petitioner since 4/9/03 and
are enrolled at Plainfield Elementary School.
5. Prior to that time, the children lived with Respondent in Wilkes
Barre, Pennsylvania.
6. Approximately two months ago, Respondent contacted Petitioner
and stated her boyfriend Joe (last name unknown) stole all of her money and
spent it on drugs. She was unable to feed the boys.
7. Petitioner responded by sending food to her for the children.
8. On or about April 1, 2003, Respondent removed the children from
Pennsylvania and took them to Delaware.
9. Respondent told Petitioner that she was unable to enroll the
children in school in Delaware since she did not have a permanent address.
10. On or about April 9, 2003, she requested that Petitioner take the
boys for the rest of the school year.
11. Petitioner immediately went to Delaware to get the children. He
enrolled them in Plainfield Elementary School.
12. On or about May 12, 2003, Respondent threatened to remove the
children from Petitioner and their school and return with them to Delaware.
13. Prior to Respondent contacting Petitioner two months ago,
Respondent was refusing to allow Petitioner to have any visitation or partial
physical custody of the children.
14. Petitioner is concerned that Respondent will flee this jurisdiction,
remove the children from school and deny him visitation and physical custody of
the children if he does not file this Emergency Petition.
15. Petitioner has filed, contemporaneous with this Emergency Petition,
a Complaint For Custody. ^ custody conference has not been scheduled
pursuant to the Custody Complaint and may not be scheduled for several weeks.
16. Petitioner believes it is critical for the children to have stability, remain
in school and remain in Petitioner's custody.
17. Petitioner knows of no reason why he should be denied access,
visitation or physical custody of the children.
18. Petitioner requests that he be granted primary physical custody of the
children pending the custody conference. He is willing to communicate with
Respondent concerning periods of partial custody.
19. Petitioner's Counsel has contacted Respondent, to notify her about the
within Petition.
WHEREFORE, Petitioner requests this Honorable Court enter an order
granting shared legal custody to the parties and primary physical custody of the
children to Petitioner with periods of partial physical custody on alternating
weekends from Friday to Sunday to Respondent.
Respectfully Submitted,
GREASON LAW OFFICE
Date
~son, E re
P.O. Box 385
Carlisle, PA 17013
(717) 241-3030
ID #78269
Attorney for Petitioner
VERIFICATION
I verify that the statements made in the foregoing Complaint for Custody are true
and correct. I understand that false statements herein are made subject to the penalties
of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
?roOaoaO~aS~t
Flu~'IS 02 10:44m I~mx Remlt~ Rmmocimtem '711 )61-1455
SELLER'S PROPERTY DISCLOSURE STATEMENT
8
9
lo
11
12
13
14
15
16
17
19
16
2O
22
p.1
SPD
Property Address ./.L~2... ~. ,"T ~ ,.~'~,
t4,'tt' /°A.
SeU J
A seller must disclose to a buyer all known material defects about property being sold that are not readily observable. This disclosure
statement is designed to assist Seller in complying with disclosure requirements and r~ asSist Buyer in evaluating the property being
considered.
This Statement discloses Seller's knowledge of the condition o£ ~he proper~y as of the dste signed by Seller and is not a substitute for
any inspections or warranties that Buyer may wish to oblain. This Statement is not a warranty of any kind by Seller or a warranty or
representation by any listing real estate broker, any sellin§ real estate broker, or their licensees. Buyer is encouraged to address concerns
about the conditions of the property that may not be included in this Statement. This Statement does not relieve Seller of the obligation
to disclose a material defect that may not be addressed on ~ form.
A material defect is a problem with the property or any portion of it that would have a significant adverse impact on ~he value of the
residential real property or that involves an unre~ouable risk to people on the la~d.
1. 'SELLER'S EXPERTISE Seller docs no~ possess expertise in coulracting, engineering, architecture, or o~her areas related 1o 'th~
conslruction and conditions of the property and its improvements, except as follows:
2. OCCUPANCY
(a) Do you, Seller, currentty occupy this property?. ~Yes [] No
If "no," when did you last occupy the property?.
Co) Have there been any pets living in the house or other structures during your ownership?
If "yes," describe:
[] Yes ~No
17
19
2O
21
~a 3. ROOF
22
24
25
26
26
29
3O
(a) Dat~ reef installed: Documented? [] Yes [] No l~nknown
(b) Has the roof been replaced or repaired during your ownership? [] Yes I~ No
(c) If"yes," were the existing shingles removed? I-I Yes [] N~ 0 Unknown
(d) Has the roof ever leaked during your ownership? n Yes~f N
o
(e) Do you know of any problems with the mol, gutters or downspouts? [] Yes [N/No
Explain any "yes" answers that you give in this section:,
23
24
25
26
27
29
30
~ 4. BASEMENTS AND CRAWL SPACF~q (Complete only ff applicable)
az (a) Does the property have a sump pump? [] Yes ~ No [] Unknown
sa (b) Are you aware of any water le3.kagc, accumulation, or dampness within the basement or a'awl space?
~4 If "yes," describe in detail:
31
Yes ~s
36
37
38
39
(c) Do you know of any repairs or Other attempts to control any water or dampness problem in tho basement or crawl space? a~
[] Yes [D~o 3s
ff"yes," describe the location, extent, date, and name of the person who did the repair or control effort: a,
40 5. TERMH'ES/WOOD-DF_,STROYING INSECTS, DRYROT, PESTS ag
~ (a) Are you aware of any termites/wood-destroying insects, d~rot, or pests affecting the property? [] Yes [~No 40
4z (b) Are you aware of any damage to the property caused by termites/wood-deslroying insects, dryrgt, or pests? [] Yes [~No ~
4~ (c) Is your property currently under contract by a licensed pest control company? [] Yes I~'No
44 (d) Are you aware of any termite/pest control reports or treatments for the property ia the last five years? [] Yes llaNo ~s
~ Explain any '`yes" answers that you give in tiffs section, including the name of any servic~m~atment provider, if applicable:
4? 6. STRUCt'Ut~L ITEMS ~
# (a) Are you aware of any past or present water leakage ia the house or other structures? El Yes t~ No 4~
49 (b) Are you aware of any past or present movement, shifting, deterioration, or other problems with walls, foundations, or other struc- 49
so tural components? )~Yes D No
s~ (c) Are you aware of any past or present problems with driveways, wa~ways, patios, or mm ing w~s on the property7
s~ [] Yes iR'No
sa (d) Is your property constructed w/th an Exter/or Insuhting Finishing System (EIFS). such as drivit or synthetic stucco?
~ [] Yes ~No [] Unknown .
sa Page I of 4 Seller's Initials: ..,,t,'
I~EALTOR,~
Au~ '1 9
6O
61
02 10:44a ~ax
Realt~
Are there any defects in Hoofing, including stains?
If "yes," explain: .
Assooia:es
Yes
?1'~ 761-1455
[] 'Unknown
69
61
62
63
64
Explain any "yes" answers that you give in this section. When explaining reports to control or repair, please describe the loon- ca
tion and extent of the problem, and the date and person by whom the work was done, if lmown: Sa
66
66
67
?. ADDITIONS/REMODELS Have you made any additions, structural changes; ct other alterations to the property? RYes
8. WATERAND SEWAGE
64
[]No ss
ee (a) What is the source of your drlnt4ng water? I~Public Water [] On-Site Water (Welt on Property)
n [] Community Water [] None [] Other (explain)
n (b) ff your drirddng water soume is not public:
7t When was your water last tested? ~ What was the result of the test?..
n Is the pumping system in working order? [] Yes [] No
`74 If "no," explain:
?s (c) Do you have a softener, filter, or other purification system? [] Yes li~ No
68
69
7O
71
'72
74
76
77
?g
8O
81
82
83
84
85
8`7
If"yes," is the system VI Leased [] Owned
(d) What is the typo of sewage system? Off'Public Sewer n Individual On-lo~ Sewage Disposal System,
[] Individual On-lot Sewage Disposal System in Proximity to Well [] Community Sewage Disposal System
[] Ten-acre Permit Exemption [] Holding Tan~ [] None . [] None Available/Permit Limitations in Effect
If Individual 0n-lot, what type? [] Cesspool El Dralnfield . [] Unlmown I-1 Other (specify):
Is there a septic tank on thc l~ny? [] Yes [] No f'l Unknown
If "yes," what is the type of tank? [] Metal/steel [] Cement/concrete [] Fiberglass [] Unknown
[] Other (spec~):
Other type of sewage system (explain):
(e) When was the on-site sewage disposal sygem last serviced?
(0 Is them a sewage pump? [] Yes ti(No
75
76
7`7
78
79
80
81
82
83
,84
86
If"yes," is it in working order? [] Yes [] No !
(g) Is either the water or. sewage system shared? [] Yes W'No
If"yes," explain: ,
0a) Are you aware of any leaks, backups, or other problems relating to any of the plumbing, water, and sewage-minted items?
90
92 [] Yes ~' No
s~ If "yes," exp 'hfin:
s4 9, PLUMBING SYSTEM
~s (a) Type of plumbing:[] Copper vi Galvanized [] Lead FI PVC IN/Unknown
s~ [] Other (explain):
~ ~)
~s room fixtures; wet bars; hot water heater; etc.)?
$~ ff "y~s," explain:
~00 10. NEATING AND AIR CONDrrtONING
91
g2
93
94
Am you aware of any problems with any of your plumbing fixtures (e.g., including but not limited to:. kitchen, laundry, or bath- 97
[] Yes Jlll' No
102
103
104
'105
(a) Type of air conditioning: 12] Central Electric [] Central Gas
Number of window units included in sale.... Location
(b) List any areas of the house that are not air condZtioned: ~¥L
[] Wall [fi'None
(c) Type of heating: [] Electric [] Fuel Oil IN*Natural Gas [] Propane (On-site)
lO0
101
102
lo4
166
10'7
106
109
110
111
112
113
(d)
(e) List any areas of the house that are not hea~ed:
105
Are there wood or eoal buming stoves? []Yes [fi'No If '`yes," how many? . Am they worl~.'ng?
Are there any fireplaces? [~Yes [] No , ,, . oo
If 'yes, how many? _[__ Am they.worlfing?
Other types of heating systems (explain): , , k
~o.. S L~,,.
Are there any chimneys? 0~Yes [] No I['`yes," how many? 'Are they ~'~rking? I~'Ye~ [] No
When were they last cleaned? ? ~/4. n _~a t~ ........
114
'115
116
117
118
119
120
(0 Type of water heating: O Electdc {~'Gas [] Solar O Other:
(g) Are you aware of any tmderground fuel tanle.~ on the property? [] Y*s'
If "yes," describe:
If tanks are not owned, explain:
[ti/No
(h) Am you aware of any problems with any item in this section? [] Yes '/N/No
If "yes," explain:
113
114
115
116
117
116
119
Page 2 of 4 Seller's
· Ru~ .1~ 02 lO:~a R ax Real~ Rssocia~es ?1' ,~1-14S5
lzl 11. ELECTRICAL SYSTEM Are you aware of any problems or repairs needed in the electrical system? [] Yes
1~2 If "yes," explain:
123 12.
124
126
127
129
130
131
132
1M
136
137
138
m 13.
140
141
142
145
146
147
148
149
160
151
152
153
15`/
OTHER EQUIPMENT AND APPLIANCES INCLUDED IN SALE (Complete only if applicable) '1:,3
Equipment and appliances ultimately included in the sale will bo determined by negotiation and according to the terms of the '124
Agreement of Sale.
(a) [] Electric Garage Door Opener No. of Transmitters ~
(b) Ii'Smoke Detectors How many? .. ~ Location ]^,, l.[ 4/ ~&_ct,.v~
(c) [] Security Alarm System [] Owned [] Leascd f~_~asc Information.
(d) [] Lawn Sprinkler No. ~ [] Autonmtic Timer
(e) [] Swimming Pool [] Pool Heater [] Spa/Hot Tub
Pool/Spa Equipment 0ist):
(f) [] Refrigerator [] Range [] Microwave Oven [] Dishwasher
(g) [] Washer [] Dryer
[] Intercom
(i(~) ,J~,Ceiling fans No.. ~2~ Loc~on ~ t~:cJ, v" ~n ¥%<;
Are any items in this t~[io~ in'~d o~ r~air or replacement? [] Yes
ff"yes." explain:.
[] Trash Compactor ~ .Garbage Disposal
E! No [] Unknown
125
126
127
129
130
.131
132
133
134
136
136
13'/
138
LAND (SOILS, DRAINAGE, AND BOUNDARIES)
(a) Are you aware of any fill or expansive soil on the property?
Co)
139
El Yes I~'No
Are you aware of any sliding, settling, earth movement, upheaval, subsidence..ar earth stability problems that have occurred on
or affect the property? [] Yes ~ll No 142
Note to Buyer: The property may be subject to mine subsidence damage. Maps of the counties and mines where mine subsidence 143
damage may occur and mine subsidence insurance are a~ailable through: Department of Envizoamental Protection, Mine Subsi- ~
dence Insurance Fund, 3913 Washington Road, McMurray, PA 15317 (800) 922-1678 (within Pennsylvania) or (724) ~41-7100 14~
(outside pennsylvania).
(c) Are you aware of any existing or proposed mining, strip-mining, or any other excavations that might affect this property?
[] Yes ~ No
(d) To your knowledge, is this property, or part of it, located in a flood zone or wet~ands area? I~I Yes fig"No
(e) Do you know of any past or present drainage or flooding problems affecting the property? [] Yes I1~o
(f) Do you know of any encroachments, bounda~ line disputes, or easements? 13 Yes EP"No
Note to Buyer: Most properties have easements running across them for utility services and other reasons. In many cases, the
easements do not restrict the ordinary use of the property, and Seller may not be readily aware of them. Buyers may wi~h to
determine the existence of easements and restrictions by examining the property, and ordering an Abstract of Title or searching
the records in the 02~e of the Recorder of Deeds for the county before entering into an Agreement of Sale. 1ss
(g) Are you aware of any shared or common areas (e.g., driveways, bridges, dock~, walls, etc.) or maintenance agreements?
[] Yes ~ No
Explain any "yes" answers that you give in this section:
159
14. HAZARDOUS SUBSTANCES
Co)
(c)
(a) Are you aware of any underground tanks (other than fuel tanks) or hazardous substances present on the property (structure or soil) lsl
such as, but not limited to, asbestos, Polychlorinated bipbenyls (PCBs), Ureaformaldehyde Foam Insulation (UFFI), etc.? .1sz
[] Yes ]~,No 163
To your knowledge, has the property been tested for any hazardous substances? [] Yes ~ No ~84
Do you know of aay other ~nvironmental con,ms that might impact upon thc property?[] Yes I~ No In
Explain any "yes" answers that you give in this section: isa
167
168
166
170
171
172
173
176
178
I`/7
179
lS0
lsl
182
(ct)
Do you know of any tests for radon gas that have been performed in a~y buildhags on the property? [] Yes i~ No
If "yes," list date, type, and results of all tests below:
DATE TYPI~ ov ~ RSStrLTS (picocuriesaiter or working levels) N~ OP Tas'rmo Sntvm~
(e) Arc you aware of any radon removal system on the propeC0,? [] Yes [~ No
If "yes," list date installed and type of system, and whether it is in working order below:
DATE JNST~a~_~-~ TYPE OF SYa'm~ ,: PROVIDER
WORK,gO ORdeR
EI Yes I-I No
121 Yes [] No
[] Yes [] No
Page 3 of 4
Selleds/nifials: ./_/~d
168
169
170
171
172
1`/3
174
178
176
179
1~0
161
182
SOP 10:44a ax Realt~ Rssociates ?1~, S1-14S5 p.4
If property was constructed, or if construction began, before 1978, you must disclose any knowledge of lead-based paint on the
property. Are you aware of any lead-based paint or lead-based paint hazards on the property? [] Yes "~No is4
ff"yes," explain how you know of it, where it is, and the condition of those lead-based paint surfaces:
187
188
189
lgO
1gl
192
163
15.
(g)
If property was,constructed, or if construction began, before 1978, you must disclose any reports or records of lead-based paint
or lead-based paint hazards on the property.,A~ you aware of any reports or records mgard~g lead-baaed paiat or lead-based
paint hazards on the property? [] Yes ~ No
If "yes," list all available reports and records:
CONDO~S AND OTHER ItOMEOWNER ASSOCIATIONS (Complete only if applicable)
Type: [] Coudominium [] Cooperative [] Homeowner Association or Planned Community
Other,
192
193
164
196
197
· lg8
· lg9
~0
2111
202
20,3
204
205
2O6
207
2O6
209
~to
211
212
213
214
215
216
217
216
16.
Notice regarding Condominiums,:Cooperatives, and Planned Communities::~4cconting to. Section 3407 of the Uniform Condo- lg6
minium Act [68 Pa. C.$. §3407 (relating to resale of units) and 68 Pa. C.$. §4409 (relating to resale of cooperative, interests)] and lea
Section 5407 of the Uniform Planned Community Act [68 Pa. C.$. §~407 (relating to resale of units~], a'buyer of a'resale unit.in a Ie7
condominium, cooperative, or planned conununity must. receive a copy of the declaration'(other.than the plats and. plans), the. by~ les
laws, the rules or regulations, and a certificate of re~ale issued by the association in the condominium, cooperative,'or planned corn? lee
munity. The buyer will have the option of c~nc~ting the agreement with the return of all deposit monies until the certificate has been.200
provided to the buyer and for five days thereafter or un~'l conveyance, whichever occur$ first. 2Ol
MISCELLANEOUS
(a) Are you aware of any historic preservation restriction or ordinance or archeologicai designation associated with the property? 203
[] Yes ~t No
Co) Are you aware of any existing or threatened legal action affecting the property?' [] Yes ~ No 20s
(c) D~y~ukn~`w~fanyvi~ati~ns~ffedera~s~ate~r~al~aws~rregu~ati~nsre~atingt~thispr~perty? El Yes ~.No 2es
(d) Am you aware of any public improvement, condominium or home, owner association assessments against the property that remain
unpaid or of any violations of zoning, housing, building, safety or fire ordinances Bat remain uncon~ctexl? [] Yes ~ No ~s
(e) Are you aware of any judgment, encumbrance, lien (for example, co-maker or ~uity loan), overdue payment on a support obli-
gatio~i, or other d~bt against this property that cannot be satisfied by the proceeds of this sale? [] Yes ~ No
(fi Are you aware of any reason, including a defect in tit~e, that would prevent you from giving a warranty deed or conveying title to the m
property? [] Yes 1~ No
(g) Are you aware of any material defects to the property, dwelling, or fixtnr~ which are not disclosed elsewhere on this form?
[] Yes I~No
A material defect is a problem with the property or any portion of it that would have a significant adverse impact on the value of
the residential real property or that involves an unreasonable risk to people on the land. as
Explain any "yes" answers that you give in this section:,
219
220
221
222
224
225
226
22'/
229
230
231
232
233
234
219
The undersigned Seller represents that the information set forth in this disclosure statement is accurate and complete to the best 220
of Seller's ka]owledge. Seller hereby authorizes the Listing Broker to provide this information to prospective buyers of the prop- ~
erty and to other real estate licensees. SELLER ALONE IS RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION
CONTAINED 1N TItIS STATEMENT. Seller shall cause Buyer to be notified in writing of any information supplied on tiffs form
which Is rendered inaccurate by a change in the condition of the property following completion of this form.
WITNESS ELLER . DATE . ~-l/--~a.
WITNESS SELLER DATE
EXECUTOR, ADMINISTRATOR, TRUSTF_~ SIGNATURE BLOCK ' , ' I
Accotdi~ to tl~ provisions of tl~ "R~al Bstat~ $~ller Disclosure Act," the u~dersigned executor, adminisl~at~ or trustee is not rezluimd to fii~ out a'Sell~r s'Prol~mY '[
Disclosure Statmnent. The executor, adminialrator ~ Ix~tee~ most, however, disclose any lmown material d~e~t(s} of tl~ property. I
DATE [
234
235
236
237
231
239
240
241
242
243
RECEIPT AND ACKNOWLEDGEMENT BY BUYER
The undersigned Buyer acknowLedges'receipt of this Disclosure StatemeuL Buyer acknowledges ;hat this Statement is not a warranty and that, unless
stated otherwise in the sales contra~.Buyer is purchasing this p~opert7 in itS present condition. It Is Buyer's rcsponadblll(~ to satisfy Idmsclt or herse]~ ms
to the cundltion of the prop~rty...Bayer may request that the property be bwpected, Iii Buyer's eq~.nse and by qualified pr~e.~ionals, to determine the con.
ditton of the stractur~ q~iits comp.oaGu~;s. /~ ,~ ~ ~ ~// ~
wrm ss -
235
S36
237
238
239
240
241
242
243
Page 4 of 4
lACK
ADDE~_~ TO AGREEMENT OF SALE
Agreement is made thi, _ ._~ day of ~L/~~_~ ,2(~__~-by and between
..ina. known ~ 'uyer(s), both as .gard the property ,itua. at ,,
This Adcleadum aKall be attached to and made a part of Agn~.~nent of Sale dated_ //~ // 2C~ ~--by aad
betw~ the parties herein. - ....
FI' IS AGREED AS FOLLOWS:
Reply to Addendum to Agreement of Sale dated December 2, 2002 and extended to
December 18, 2002:
Seller to put $5,000.00 in escrow to cover roof replacement and repair. Work to be
completed after settlement, by contractor chosen by buyer, and before September 30,
2003.
Buyer will pay costs for roof replacement and repair over $5,000.00.
Seller will receive all funds in escrow account not used to replace and repair roof.
If this is unacceptable to Seller, contract is null and void. Buyer requests escrow
deposit of $3,000.00 to be refunded immediately.
Seller to reply by December 19, 2002.
Witness:
Rev. 12/99
(Seller) Date:
(Buyer) 0 ~ ff Date:
(Buyer) Date:
~L/-/ J.V/ ~VV& ~J~ ~.I . I D ~i[~,~ I11 I q)l l l ~O &-~l~.~4~. %~_w~q~l.j.I
Z&U UV,)
Ewing Roofing
Siding 8oflit 8eamlessSpouting
All Types of Roofing
1425 Spanglers Mill Road
Camp H~I, PA 17011
PHONE: 761-6960 FAX: 761-6138
EstJmat;
Date
December 9, 2002
Quoted to:
Urs. Marie Wo~t~
132 S. 30f~ Street
Camp Hil, PA 17011
Estimate Number
10271
Customer ID
Woods, .Marie Mrs.
Good Thru
2~8~03
Sales Rep
Cha~fe~ D...Ewing ..
r B_horand Material:
Description
i. To repair leak at edge of roof u'sing fiberglass and cement.
5. To remove two pieces pJywood from overhang, reinforce under structure, replace and paint
:~ywood one piece trim. '
3. Clean gutters.
'* After the above work has been.completed Ewing Roofing wile cert~ that the roof i~'in good
se~ceable condition for a period of at least one year.*~
A~ount
95O.00
.: A/S-2K
STANDARD
This form recommended and appL
· qREEMENT FOR THE SALE OF It~'AL ESTATE
· for, but not restricted to usc by, the members of the Peansylvani ~ciation of REALTORS® (PAR).
SELLER;$ BUSINESS RELAT,~ONSHIP WITH PA LICENSED BROKER
BROKER (Company) h~
BRO~R IS ~ AGENT FOR SEL~f~es[dna~e~ Agent(s)~r ~e~er,' if app~able:
OR
B~ker is NOT the Agent for Seller and is ~: ~ AGE~ FOR B~ER ~ ~NSACTION LICENSEE
BEIYER,'S B,,~U~INES .$ RELATIONSHIP WITH PA LICENSED BROKER
BROKER (Company) ~ ,-~~ Z~ ~ PHONE ~7~/f,~/-Z-/Cd9 ~
BRO~R IS T~ AGENT FOR B~ER. Desi~ated Agent(s) for Buyer, if applicable:
OR
Broker is NOT ~e Agent for Buyer and is ~an: ~ AGENT FOR SELLER ~ SUBAGENT FOR SELLER ~ T~NSAC~ON LICENSEE
When the same Broker is Agent for Seller and Agent for Buyer, Broker is a Dual Agent. All of Broker's licensees are also Dual Agents UNLESS
there are separate Designated Agents for Buyer and Seller. If the same Licensee is designated for Seller and Buyer, the Licensee is a Dual Agent.
,. r¢cmcnt, ~ is between
dated .-'~'~/~,~;~.~:~¢~,9 //, .~",...I/)
SELLER(S): '.~f(-:.d / 4?' ~.' '~/
..::'.~ .... ~., j~/_) .~9:; _ .' '7 n/? ,cailed "Seller," and
2. PROPERTY (1-98) Seller he,by ag~es to ~ll and convey to Buyer, who he,by ages to purchase:
ALL T~T CERTAIN lot or pi~e of ground with b~idings and improvemen~ ther~n e~ct~, if any, known ~:
~ ~ _:,~ _. ~,.~ ~Z--~ .cdt'
in the~ ~-'~:~_~ of , ']:~:; .
County of :?:.. ;...: in th, Commonw,,lth of Coa,
Identification (e.g., Tax ID g; Panel g; Lot, Bl~k; Deed Book, Page, R~ording Date)
~
3. TE~S (1-02) ~.
U.S. Dollars
which will be paid to Seller by Buyer as follows:
1. Cash or check at signing this Agreement:
20 2. Cash or check within days of the execution of this Agreement: $
22 4. Cash, cashier's or certified check at time of settlement: $
Z~ TOTAL $ .
~4 ~ (B) Deposits p~d on account of purchase price to be held by Broker for Seller, unless othe~ise stated here:
~. ~~
~ (E) C~vey~ce deed
from Sel?~ill be by fee s~ple
30 (F) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here:
31 3'~
32
33
34
35
36
(G) At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing where applicable: taxes 3~
(see Information Regarding Tax Proration); rents; interest on mortgage assumptions; condominium fees and homeowner association fees, if 33
any; water and/or sewer fees, if any, together with any other lienable municipal service. The charges are to be pro-rated for the period(s) 3a
covered: Seller will pay up to and including the date of settlement; Buyer will pay for all days following settlement, unless otherwise stated 3a
here: 36
37
3?
4. FIXTURES& PERSONAL PROPERTY (~-00)
(A) INCLUDED in this sale and purchase price are all existing items permanently installed in the Property, free of liens, including plumbing;
heating; lighting fixtures (including chandeliers and ceiling fans); wa~er treatment systems; pool and spa equipment; garage door openers
and transmitters television antennas; shrubbery, plantings and ,un. potted trees; any remaining heating and cooking fuels stored on the
Property at the time of settlement; wall to wall carpeting;x wm,d0w covering hardware, shades and blinds; built-in air conditioners; built-in
appliances; and the range/oven unless otherwise stated. Also included:
(B) LEASED items (not owned by Seller): ~
61
§2
63
64
65
66
67
68
69
70
71
72
73
74
75
76
6. I~.~O~RTGAGE CONTINGENCY (l-Ol& : ' Ill/
~ WAIVED. This sale is NOT conti~fon mortgage financing.
.
(A) This sale is contingent upon Buyer ob~' g mo. gage financing as follows:
1, Amount of mortgage loan $ ~ //,~ ~ \ t
a. or mortg- ge ' ':' ff2p. '.k
4.Inte=t rate 3.ZO owever, me se by me mor ge lendar, .or to
exceed a maximum interest rate of _~,~..,~_~%.
5. Discount points, loan origination, loan placement and other fees charged by the lender as a percentage of the mortgage loan (excluding
any mortgage insurance premiums or VA funding f~')'not to exceed __.% (0% if not specified) of the mortgage loan.
The interest rate and fees provisions required by Buyer are satisfied if a mortgage lender makes available to Buyer the right to guarantee an
interest rate at or below the Maximum Interest Ram specified herein with the percentage fees at or below the amount specified herein. Buyer
gives Seller the right, at Seller's sole option and as permitted by the mortgage lender and applicable laws, to contribute financially, without
promise of reimbursement, to the Buyer and/or the mortgage lender to make the above terms available to Buyer.
(B) Within //ff DAYS(~0daysifn~tspeci~ed)~ftheexecu~n~fthisAgreement,Buyerwi~makea~mp~eted~writtenm~ngag~app~ica~n
for the mortgage terms specified above to a responsible mortgage lender. The Broker for. Buyer, if any, otherwise the Broker for Seller,
authorized to communicate with the .mortgage lend. er for the purposes of assisting in the mortgage loan process.
(C) 1. Mortgage commitment date ~,~/~,-~g~__~. If a written commitment is not received by Seller by the above date, Buyer
and Seller agree to extend th~-~ ~ent date until Seller terminates this Agreement in.writing by notice to Buyer.
2, Upon receipt of a mortgage commitment, Buyer will promptly deliver a copy of the commitment to Seller.
3. Sellerhas theoptiontotelminatethisAgreementin writing, afterthemortgagec~inmitmentda~effthemon£a~ecommitment:
a. Is not valid until the date of settlement, OR ~.i 7~ ff~g~ ~1~, '
b. Is conditioned upon the sale and settlement of any other property, OR
c. Contains any other condition not specified in this Agreement that is not satisfiedarid/or removed in writing by the mortgage lender
within 7 DAYS after the mortgage commitment date in paragr~a~pla ~'(.C) (1).
4. If this Agreement is terminated as specified in paragraphs 6 (C) (1) or (3), 0r t~i'"ee ~ortgage loan is not obtained for settlement, all deposit monies
paid on account of purchase price will be returned to Buyer. Buyer~will"be responsible for any premiums for mechanics' lien insurance and/or-
title search, or fee for cancellation of same, if any; AND/OR any premiums for flood insurance, mine subsidence insurance and/or fire insur-
ance with extended coverage, or cancellation fee, if any; AND/OR any appraisal fees and charges paid in advance to the mortgage lender.
(D) If the mortgage lender reqmres repairs to the Property, Buyer will, upon receipt, deliver a copy of the.mortgage lender's requirements to Seller.
Seller will, within ~. DAYS of receipt of the mortgage lender's requirements, not~../Buyer whether Seller will make the required repairs
at Seller's expense ......
1. If Seller chooses to make the required repairs, Buyer will accept the Property and agree to the RFI .F. ASE set forth in paragrat~.h 25 of this
Agreement.
2. If Seller chooses not t6 make the required repairs, or if Seller fails to respond within the time given, Buyer will, within ~ DAYS,
notify Seller in writing of Buyer,s choice to terminate this Agreement OR make the required repairs at Buyer's expense and with Seller's
permission, which will not be unreasonably withheld. If Seller denies Buyer permission tomake the required repairs, Bgyer may, within
~ DAY~ of Seller's denial, terminate'this Agreement, in which case all depfsit monies paid on account Of purchase price will be
returned promptly to Buyer and this Agreement will be VOID.
(E) Seller Assist
gNOT APPLICABLE
APPLICABLE. Seller will pay:
77
78
79
80
81
82
83
84
85
86
88
89
96
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
FItA/VA, IF APPLICABLE
106 (F), It)ts expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the purchase of the
107 /P¥operty described herein or to incur any penalty by forfeiture of earnest money deposim or otherwise unless Buyer has been given, in accor-
108 , / dance with HUD/FHA or VA requirements, a:written statement by the Federal Housing Commissioner,...Veterans Administration, or a Direct,
~09 , /,/ - Endorsement Lender setting, forth the appraised value of the Pro .lmly~,~n~.less than $ ,(the dollar amount to be
110 ./:... inserted is the sales price as stated in this Ag~eemant). Buyer will have"fii~ privilege and option of proceeding with consummation of the con-
111 tract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the
Department of Housing and Urban Development .will, insure~ HUD does not warrant the value nor the condition of the Property. Buyer should
satisfy himself/herseff that the price and condition of the Property are acceptable.
Warning: Section 1010 of Title 18, U.S.C., Department of Housing and Urban Development and Federal Housing Administration
Transactions, provides, "Whoever for the purpose of... influencing in any way the action of such Department, makes, passes, utters or pub-
lishes any statement, knowing the same to be false.., shall be fined under this title or imprisoned not more than two years, or both."
(G) US. Department of Housing and Urban Development (HUD) NOTICE TO PURCHASERS: Buyer's Acknowledgement
[] Buyer has received the HUD Notice "For Your PrOtection: Get a Home Inspection'" (see Notices and Information on Property Condition
Inspections). Buyer understands the importance of getting an independent home inspection and has thought about this before signing this
Agreement.
Buyer's Initials Date
(H) Certification We the undersigned, Seller(s) and Buyer(s) party to this transaction each certify that the terms of this contract for purchase are
true to the best of our 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 0-02)
(A) Seller agrees to permit inspections by authorized appraisers, reputable certifiers, insurer's representatives, surveyors, municipal officials and/or
Buyer as may be required by the mortgage lender, if any, or insuring agencies. Seller further agrees to permit any other inspections required by
or provided for in the terms of this Agreement. Buyer has the right to attend all inspections.
(B)Buyer reserves the right to make a pre-settlement walk-through inspection of the Property. Buyer's right to make this inspection is not waived
6O
61
62
63
64
65
66
67
68
66
70
71
72
73
75
76
77
78
79
81
82
84
85
86
87
89
90
91
92
95
97
100
101
102
103
104
105
106
107
108
109
110
111~.
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
12B
129.
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
~ If Buyer is not satisfied with the cqi~on of the Property as stated in any written raport, Bu~i~ill:
' Option 1 Within the time given _!l~bmpleting impections'
1. Accept the Property with the informati°n stated in the report(s) and agree to the RFZEASE~t forth in paragraph 25 of this Agreement, OR
2. Terminate this Agreement in writing by notice to Seller, in which case all deposit monies paidon acc0untgf Purclpse price Will be.returned
promptly to Buyer and this Agreement will ~ VOID, OR
3.Enter into a mUtu~y acceptable written agra.,, ment with Selle~r providing for any repairs or improvements to the lbopert3t and/or any credit
to Buyer at settlementt ~ may,be .~x~Cp. table to the.mortgage lender, if any. ' ~
Should efforts tO r~u:h'a mut~hlly acceptable agreement fail, Buyer must chOOse to accept the Property or terminate this Agreement within
the time given for completing insl~. '0~and acing to the provisions in p~vagraph 8(C) (Option:D 1 and 2.
[] Option 2. Within the time given for completing inspections:
1. Accept the Property with the inform~°h stated in the report(s) and agree to the RELF~ASE set forth in paragraph 25-of this Agreement,
UNLESS the total cost to correct'the conditions contained in the report(s) is more than $
2. If the total cost to correct the conditions contained in the r~port(s) EXCEEDS the amount specified m paragraph 8(C) (Option 2)
Buyer will deliver the report(s) to Seller within the time given for inspection,~
a. Seller will, within 7 DAYS of receiving the report(s), inform Buyer in writing of Seller's choice to:
~1) Make mt)aim before settleancot so that. the remaining cost to repair conditions contained in thc report(s) is less than or equal to
/ the amount specified in paragraph 8 (C) (Option 2) 1,
(2) Credit Buyer at settlement for the difference between the estimated cost of repairing the conditions contained in the report(s)
and the amount specified in paragrapl~,8. (C) (O~.. 'on 2) 1. This option must be acceptable to the mortgage lender,'ff any.
'(3) Not'make repairs and not Credit BUyer'ht settlement for any costs to repair conditions contained in the report(s).-
b. If Seller chOOses to make'repairs or c~dirBuyer at settlement as specified in paragraph 8 (C) (Option 2)'2; Buyer will accept the
Property and agree to the RELEASE set forth in paragraph 25 of this Agreement. '
c. If VUOOses not to rep, and not to c, it Buyer setUemen ,r S ' .ovtiO- withU, the ame
given~ Buyer will, within ~, DAYS: ..... .
(1): Accept the Propen:y with the information stated in the report(s) and a .gt?c.to the I~FJ.F. ASE set forth in p.aragraph 25 of lifts
Agreement, OR , ,? ., ...... - .
(2). Terminate this Agreement in writing by Dotice ~ Se~er,.in ~hich case all deposit monies paid on account of purchase price will
be returned promptly to Buyer and this Agreement, will.be VOID. -
WOOD INFF, STATION INSPECTION, CONTINGF_,NCY (1
[] WAIVED. Buyer understands that Buyer has the option tq request that the Property be inspected for wood infestation by a certified Pest Control
Operator BUYER WAIVES THIS OPTION an .d. agrees ~ the PtELEASE set forth in paragraph 25 of this Agreement.
(A) Within .~.~ DAYS (15 days if not specified) of the execution of this Agreement, Buyer, at Buyer's expense, will obtain a written '%Vood-
Destroying insect Infestation Inspection Report" from a certified Pest Control Operator and,. will deliver it and all supporting documents and
drawings provided by the. PestConlrol Operator. to Seller. The report is to be made.satisfa,ctory to ,and in compliance with applicable laws, m6rt- '
gage lenders, and/or FedeX. Insuri.ng and Guaranteeing Agcocy~ requirements~. ~.any. The jnspecti0~:wilJ include all readil~ yisibJe and
a ssiue area of sm cmres on the e cept the following suncuP. S, w ch wiU not
147
148
149
150
151
152
153
154
165
156
157
158
159
160
: 16'7
168
169
· 171
1'/2
173
174
175
176
177
17g
160
182
184
If the inspection r~veals evidence of active infestaton(~), Seller agrees, at Sellcr:s expeme, and., before ..settlement' to lreat~ ~for ac.tire infesta:
ton(s), in accor.~ ,with applicablclaws .... 186
(C) If the mspecuon reveals damage f~om active infestation(s) or tnevious ;'infestation(s), Buyer, at Buyer:s expe~s~ ..has thc ~p~ti~ to obtain a.writ:
· ~ repotx by ,a professional con ~tr~c, tor,~h0me mspectio, n~semcet or stmcmra~ engineer that ~,s limi ,tqd to struc~ ~dama. g~:~.~ ~rty caused
:./by wood-destroying organic:and aproposai to ~pair?..~,the ~d~mge._Buyc.r .will deliver th~ structural ,clmnage repo~ aha ~o/i~c~' ti~e Pr°posal~ ~t0 189
· , Seller within,., 7 ' DAYS of delivering the ori~ inspecti0B report. .....
(D) ,Within' ~J DAYS Of receiving ~ st~.C~ ~gc rePOrt and corrective proposal, Seller will ~a.dvise Buyel~.vhether Se~ller will repair, at 1§1
. Seller,s expense and before.settlement, any slg~ctural ~,e~.o.m active'or previous infestaton(s).. , .. . 192
(E) If Seller chOOses to repair structural damage revealed by the report, Buyer agrees to accept the Property as repaired and agree~.:~the RELEASE. lg3
set forth in paragraph 25 of this Agreement. lg4
(F), If Seller chooses not to repair structural damage revealed by the report or fails to respond within the lime given, Buyer, within ~ DAYS, lg5
will notify Seller in writing of Buyer's choice to: " · < .1~
1. Accept the Property with the defects revealed by the inspection, without abatement of price, and agree to the RELEASE se~ forth in para- 197
_ ..:graph 25 of this Agreement, OR ' '" 198
2. Make the repairs before settlement' if ~eq~ by the mortgage lender; if any, at Buyer's expense and With Seiler's permission, which will 199
. .: .~. no[ be unreasonably, withheld,,in. Xy~ch case Buyer~ ~cep~ ~ Property and ~gr ..,e~s to.thc R~?EASE set forth in E ,a~.~ gva, ph 25 of this 200
. Agreement. If Seller denies Buyer.permission to. make, ~¢ repairs, Buyer may, Within , 5 DAYS o~f s~ller's denial~ terminate this 201
Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly. ~ BuYer and this 202
Agreement will be VOID, OR 203
3. :Terminate this Agreement' in which cas~ all deposit monies paid on account of purchase price will be returned promptly to Buyer and 204
this Agreement will be VOID. ~ .... ~ - 205
10. RESIDENTIAL LEAD-BAS~/) PAINT ltAZARD REDUCTION ACT NOTICE REQUIRED FOR PROPERTIES · · - - ~o§
BUILT BEFORE 1978 (1-02) -' 207
[] NOT APPLICABLE ..... -' : -" '~ ~ ' 208
.~. APPLICABLE 209
(A) Seller represents that Seller has no knowledge concerning the presence.of lead-based,paint and/or lead-based paint hazards in or about, the
Property, unless checked below. 211
[] geller has knowledge of the presence of lead-based paint and/or lead-based paint'l~a~ard~ in or abou~~ the'PrOperty. (Provide~the ba~i~'f°~'' ', 212
determining that lead-based paint and/or hazards exist; the location(s);, the.condition of the painted surfaces,~and other aCailable informa- 213
tion concerning Seller's knowiedge of the presence of lead-based paint and/or lead..besed paint hazards.) - , .' , -, '.. ', , , 214
, , , 215
.... (B) -Records/Reports: 'SeUer has no reports or. records pertaining todcad-based paint and/or lead-based paint hazards in or' about the Propertl, 216
unless checked below.
235
235
237
238
239
240
241
242
243
244
245
246
247
248
249
256
251
252
253
254
255
256
257
258
259
26O
· 261
262
263
264
265
266
267
11.
2. Within the time set forth aJ~for ob..t~. 'ng the risk assessment and/or h~.,pecti~laF the PW)perty for lead-based paint and/or
?~ lead-bnsed paint hazards, B~ may deliver to Seller a written list of the specific ~dous conditions cited in the report and those
corrections requested by Buyer, along with a copy of the risk assessment and/or inspection report.
3. Seller may, within 7 DAYS of receiving the list and report(s), submit a writ~;n cor~ctive proposal to Buyer. The corrective proposal
will include, but not be limited to, the name of the remediation company and a projected completion date for corrective measures. Seller
will provide certification from a risk assessor or inspector that corrective measm~s have been satisfactorily completed on or before the
projected completion date.
4. Upon receiving the corrective proposal, Buyer, within ~ DAYS, will:
a. Accept the corrective proposal and the Property in writing, and agree to the RI;LEASE set forth in paragraph 25 of this Agreement, OR
b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly
to Buyer and this Agreement will be VOID.
5. Should Seller fail to submit a written corrective proposal within the time set forth in paragraph 10(D)3 of this Agreement, Buyer,
within ~ DAYS, will:
a. Accept the Property in writing, and agree to the RF.!.I~.ASE set forth in paragraph 25 of this Agreement, OR
- b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly
to Buyer and this Agreement will be VOID.
6. Buyer's failure to exercise any of Buyer's options within the time limits specified in this paragraph will constitute a WAIVER of
this contingency and Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 2~ of this Agreement.
(E) Certificatlon:~ By. signing this Agreement. Buyer and Seller certify the accuracy of their respective statements, to the best of their knowledge.
STATUS OF RADON ('I-09)
(A) Seller represents that Seller has no knowledge concerning the presence or absence of radon unless checked below.
[] 1. Seller has knowledge that the Property was tested on the dates, by the meth,xis (e.g., charcoal canister, alpha track, etc.), and with
the results of all. tests indicated below:
DATE TYPE OF TEST RESULTS (picecuries/liter or v~orking levels)
COPIES OF ALL AVAILABLE TEST REPORTS will be.delivered to Buyer with this Agreement. SF.!.I .F.R DOES NOT WAR-
RANT EITHER THE METHODS OR RESULTS OFTHE TESTS.
Seller has knowledge that the Property underwent radon reduction measures on the date(s) and by'the method(s) indicated below:
DATE RADON REDUCTION METHOD
(B) RADON INSPECTION CONTINGKNCY
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249 r
260
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277'
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
3O0
301
302
303
304
305
WAIVED,- Buyer understands that Buyer has the option to request that the Property be inspected for radon by a certified inspector (see Environ-
mental Notices: Radon). BUYER WAIVES THIS OPTION and agrees to the REI.F~ASE set forth in paragraph 25 of this Agreement.
ELECTED. Buyer, at Buyer's expen .se, h, h_~as the option to obtain, from a certified inspector, a radon .test of the Property, and will deliver a copy
of the test report to Seller within ?~'~ DAYS (15 days if not specified) of the execution of this'Agreement. (See Environmental Notices:
Radon)
1. ff the test report reveals the presence of radon below 0.02 ~working levels (4 picocuries/liter), Buyer accepts the Property and agrees to the
RELEASE set forth in paragraph 25 of this Agreement, .~
2. If the test report reveals the presence of radon at or exceeding 0.02 working level;; (4 picocuries/lit~r), Buyer will, within 7 DAYS
of receipt of the test results:
Option 1 , -
a. Accept the Property in writing and agree to the RELEASE setforth in paragraph 25 of this Agreement, OR
b. Terminate this Agreement in writing, in which case ail deposit monies paid o~ account'of purchase price will be returned promptly to Buyer
and this Agreement will be VOID, OR
c. Submit awritten, corrective proposal to Selle~ The corrective proposal will include, but not be limited to, the name of the certified miff-
,' gation company; provisions for payment,, including retests; and a projeCted completion date for corrective measures.
(1) Within~ ~ DAYS of receiving the Corrective proposal, Seller will:
(a) Agree to the terms of the corrective proposal in writing, in which ,:ase Buyer accepts the Property and agrees to the
RELEASE set forth in paragraph 25 of this Agreement, OR
Co) Not agree to the terms of the corrective proposals.
(2) Should Seller not agree to the terms of the corrective proposal or if Seller fails to r~pond within the time given, Buyer will, within
~ DAYS, electto:
(a) Accept the Property in writing and agree to the RELEASE ~et forth in paragraph 25of this Agreement. OR
(b) Terminate this Agreement in writing, in. which caseall deposit monies paid on account of purchase price will be returned
promptly to Buye~ and this Agreement will be VOID.-
Option 2 ...
a. Accept the Property in writing and agree to the RELEASE set forth in paragraph 2.5 of this-.Agreement, OR
ubrmt~n~tten, correcave proposal to Seller. The correcuve proposal will mchide, but not be limited to, the name of the certified miti-
gation effnl0a~ly; provisign~ for payment, including retests; and a projected completion date for corrective measures Seller will pay a max
imnm of $ ~ toward the total cost of remediafion and retests, which will be completed by settlement,
(1) ff the ~ota~ cost of remediation and retests EXCEEDS the amount specified in paragraph 11 (B) (Option 2) b, Seller will, within
~ DAYS of receipt of the cost of remediafion, notify Buyer in writing of Seller's choice to:
(a) Pay for the total cost of remediafion and retests, in which case Buyer accepts the Property and agrees to the RELEASE set forth
in paragraph 25 of this Agreement, OR
Co) Contribute toward the total cost of remediation and retests only the amount specified in paragraph Il(B) (Option 2) b.
(2) If Seller chooses not to pay for the total cost of remediafion and retests, or if Seller fails to choose either option within the time
given, Buyer will, within $ DAYS, notify Seller in writing of Buyer's choice to:
(a) Pay the difference between Seller's contribution to remediafion and retests and the actual cost thereof, in which case
Buyer accepts the Property and agrees to the RELEASE set forth in oaram'anh 25 of thi.q Am'cement C'll~
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
346
35O
351
13.
2. Seller agrees to locate and pro~aocess to the on-site (or individual) water system, if ~le, at Seller's expense, if required by the
mspecUon company. Seller als~l~s to restore the Property, at Seller s expense,, prior ~tlement.
3. ff the report reveals that the water service does not meef the minimum standards of any applicable governmental authority and/or fails to
satisfy the requirements for quality and/or quantity set by the mortgage lender, if any, then Seller will, within 7 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 seffiement, in which case Buyer accepts the Property and agrees
to the RELEASE set forttrin paragraph 25 of this 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 the Property and the witter service and, if ~equired by the mortgage lender, if any, and/or any governmental authority, upgrade
the water service before settlement or within the time required by the mortgage lender, if any, and/or any governmental authority, at
Buyer's expense and with Seller's permission, which will not be unreasonably withheld, and agree, to the RELEASE set forth in para-
graph 25 of this Agreement. If Seller denies Buyer pen-nission to upgrade the water service, Buyer may,. within :5 -; DAYS of
Seller's denial, 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 Agreen~nt wil!be VOID, OR ~
b. 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 VOID.
STATUS OF. SEWER (1 4)2)
(A)- Seller represents that the Property is served by:
Public Sewer
individual On-lot Sewage Disposal System (See Sewage Notice 1)
[] Individual On-lot Sewage Disposal System in Proximity to Well (See Sewage Notice 1; see SeWage Notice 4;if applicable)
[] Community Sewage Disposal System
[] Ten-acre Permit Exemption (See Sewage Nodce 2)
[] Holding Tank (See Sewage Notice 3)
[] None (See Sewage Notice 1)
[] None Available/Permit Limitations in Effect (See Sewage Notice 5)
323
324
326
326
327
328
329
330
331
332 f-
333
335
336
337 ~:-~'
545
a47
a48
352 (B} ~ INDIVIDUAL ON-LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY 352
353 [] - WAIVED. Buyer acknowledges that Buyer has the option ~orequest an individual.on-lot ~sewage disposal inspection of the Property. BUYER 353
354 - WAIVES THIS OPTION and agrees to the RF. LF. ASE set forth in paragraph 25 of this Agreement. 354
356 I-I..~LF;~Z'TED
356 ]. Buyer has the option, within __ DAYS (15 days if not specified) of the execution of this Agreement and at Buyer's expense, to 356
357 deliver to Seller a written inspection report by a qualified, professional inspector of' the individual on-lot sewage disposal system. 357
358 2. Seller, at Seller's expense, agrees, if and as required by the inspection company, to locate, provide access to and empty the individual on- 358
359 lot sewage disposal system. Seller also agrees to restore the Property, at Seller's expense, prior to settlement. 359
360 3. If the report reveals defects that do not require expansion or replacement of the existing sewage disposal system, Seller will, within 360
361 -~ 7 DAYS of receipt of the repoB,.aotify Buyer in writing of Seller's choice to: 361
362 a. Correct the defects before settlement, including retests, at Seller's expense, in which case Buyer accepts the Property and agrees to 362
363 the RELEASE set forth in paragraph 25 of this Agreement, OR 363
364 b. Not correct the defects. 364
365 4. ff Seller chooses not to correct the defects, or if Seller fails to respond within the time given, Buyer will, within ~ DAYS, either: 365
366 a. Accept the Property and the system and, if required by the mortgage lender, if any, and/or any governmental authority, correct the 366
s67 defects before settlement or within the time required by the mortgage lender, :Lf any, and/or any governmental authority, at Buyer's 367
)68 sole expense and with Seller's permission, which will not be unre~onably withheld, and agree to the RELEASE set forth in para- 368
169 graph 25 of this Agreement. If Seller denies Buyer permission to correct the defects, Buyer may, within 5 DAYS of Seller's 369
17O denial, terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned 370
)71 promptly to Buyer and this Agreement will be VOID, OR 371
~72 b. Terminate this Agreement in writing, in which case all deposit monies pifid on account of purchase price will be returned 372
]73 promptly to Buyer and this Agreement. will be VOID. 373
~74 5. ff the report reveals the need to expand or replace the existing individual on-lot sewage disposal system, Seller may, within 25 DAYS 374
~75 of receipt of the report, submit a Corrective proposal to Buyer. The corrective proposal will include, but not be limited to, the name of the 375
176 remediation company; provisions for payment, including retests; and a projec~l completion date for corrective measures, Within 376
J77 ~ DAYS of receiving Seller's corrective proposal, or if no enrrecllve proposal is received within the time given, Buyer will: 377
)78 a. Agree to the terms of the corrective proposal, if any, in writing, in which case Buyer accepts the Propen'y and agrees to the RELEASE 378
~79 set forth in paragraph 2.~ of this Agreement, OR 379
~80 b. Accept the Property and the system and, if required by the mortgage lender, ii' any, and/or any governmental authority, correct the 380
~81 ~ ~' defects before settlement or within the time required by thc mortgage lender, if any, and/or any governmental authority, at Buyer's 381
i82 sole expense and with Seller's permission, which will not be unreasonably withheld, and agree to the RELEASE set forth in para- 38~
J83 graph 25 of this Agreement. If Seller denies Buyer permission to correct the defects, Buyer may, within 5 DAYS of Seller's 383
~84 denial, terminate~ .~t~,.~.A.~ment in writing, in which case all deposit monies paid on account of purchase price will be returned 384
~85 promptly to Buyer and this Agreement will be VOID, OR 385
~86 c. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly ass
187 to Buyer and this Agreement will be VOID. 387
188 14. NOTICES, ASSESSMENTS & CERTIFICATES OF OCCUPANCY (14)2) 388
~89 (A).:- Seller represents, as of Seller's execution of this Agreement, that no public improvement, condominium or homeowner association assessments aa9
190 have been made against the Property which remain unpaid, and that no notice by any government or public authority has been served upon 390
~91 Seller or anyone on Seller's behalf, including notices relating to violations of zoning, housing, building, safety or fire ordinances which remain 391
~92 uncorrected, and that Seller knows of no condition that would constitute violation of any such ordinances which remains uncorrected, unless 392
193 otherwise specified here:
411 ,
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
444
445
446
447
446
449
450
451
452
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
(E,) If required by law, within 15 ~ of the execution of this Agreement Seller will orde~iielivery to Buyer, on or I~efore settlement: 411
1. A certification from the approl~me municipal dep0xtment or departments disclosing notl~[ any uncorrected violations of zoning, hous- 412
lng, building, safety or fire ordinances, AND/OR 413
2. A certificate permitting occupancy of the Property. In the event repalrsfunprovements are required for the issuance of the certificate, Seller 414
will, within ~ DAYS of Seller's receipt of the requirements, notify Buyer of the requirements and whether Seller will make the 415
required repairs/improvements at Seller's expense. 416
ff Seller chooses to make the required repairs/improvements, Buyer agrees to accept tile Property as repaired and agrees to the RELEASE set 417
forth in paragraph 25 of this Agreement. If Seller chooses not to make the required repairs/improvements, Buyer will, within ~ DAYS, 418
notify Seller in writing of Buyer's choice to terminate this Agreement OR make the repah'sftmprovements at Buyer's expense and with Seller's 419
permission, which will not be unreasonably withheld. If Seller denies Buyer permission to make the required repairs or if Seller fails to respond 420
within the time given, Buyer may, within ~ DAYS, terminate this Agreement in writing, in which case all deposit monies paid on account 421
of purchase price will be returned promptly to Buyer and this Agreement will be VOID. 422
15. TITLE, SURVEYS & COSTS (1-02) 423
(A) The Property is to be conveyed free and clear of ali liens, encumbrances, and easements, EXCEPTING HOWEVER the following: existing 424
deed restrictions, historic preservation restrictions or ordinances, building restrictions, ordinances, easements of roads, easements visible upon 426
the ground, easements of record, privileges or rights of public service companies, if any; otherwise the title to the above described real estate 426
will be good and marketable and such as wi.il be insured by a reputable Title Insuranc~Company at the regular rates. 427
(B) Buyer will pay for the following: (1) Title search, title insurance and/or mechanics lien insurance, or fee for cancellation of same, if any; 428
(2) Flood insurance, fire insurance with extended coverage, mine subsidence insuranee, or fee for cancellation of same, if any; (3) Appraisal 429
fees and charges paid in advance to mortgage lender, if any; (4) Buyer's customary settlement costs and accruals. 430
(C) .Any survey or surveys which may be required by the Title Insurance Company or the abstracting attorney for the preparation of an adequate 431
legal description of the Property (or the correction thereof) will be secured and paid for by Seller. Any survey or surveys desired by Buyer or 432
required by the-mortgnge lender will be secured and paid for by Buyer. 433
(D) In the event Seller is unable to give a good and marketable title and such as will be insured by a reputable Title Company at the regular rat~s, as 434
specified in paragraph 15(A), Buyer will have the option of: (I) talcing such title as Seller can give with no change to the purchase price; or (2) being 435
repaid all monies paid by Buyer to Seller on account of purchase price and being reimbursed by Seller for any costs incurred by Buyer for any inspec- 436
tions or certifications obtained according to the terms of the Agreement, and for those items specified in paragraph 15(13) items (1), (2), (3) and in 437
paragraph 15(C), in which case there will be no further liability or obligation on either, of the parties hereto and this Agreement will become VOID. 438
16. ZONING CLASSIFICATION (1-02) 43§
Failure of this Agreement to contain the zoning classification (except in cases where the property { and each pareel thereof, if subdividable } is zoned 440
solely or primarily to permit single-family dwellings) will render this Agreement voidable at the option of the Buyer, and, if voided, any deposits 441
tendered by the Buyer will be returned to the Buy4~r xgithout any zl~xluirement for court action. 442
Zo. g C . ca.on:
[] ELECTED. Within 15 DAYS o~h'~e"'~e e]~ecution of this Agreement, Buyer will verify that the existing use of the Property as 444
is permitted. In the event the use is not permitted, Buyer wll], within the time 445
given for verification, notify Seller in writing that the existing use of the Property is not permitted and this Agreement will be VOID, in which 445
case aLI deposit monies paid on account of purchase price will be returned promptly to Buyer. Buyer's failure to respond within the thne 447
given will constitute a WAIVER of this contingency and all other terms of this Agreement remain in full force and effect. 448
17. COAL NOTICE 449
NOT APPLICABLE
450
APPLICABLE 451
· · THIS DOCUlVlE~ MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHTS Ol~ SUPPORT UNDERNEATH TH~ SURFACE LAND 452
D~CRm~ OR ~ TO ~, ~ ~m OW~ OR OWt~S OF $UC~ CO~.MA¥ ltnW ~ COM~ ~AL lu6~rr TO m~MOV~ ALL SUC~ COAL A~
m ~ COt~C'nO~, D~ MAy m~S~ TO ~m sta~^CE oF ~m ~ ~ n~ ~ous~, nt~m~ oa o'nm~ s~ucrt~u~ on oR IN s~c~ ~. ~This
notice is set forth in the manner provided in Section 1 of the Act of July 17, 1957, P.L. 984.) "Buyer acknowledges that he may not be obtaining the
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 e~onomic interests in the coal. This acknowledgement is made for the puq~ose
of complying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966." Buyer agrees
to sign the deed from Seller which deed will contain the aforesaid provision.
18. POSSESSION (1-0~)
(A) Possession is to be delivered by deed, keys and: ,.
1. Physical possession to vacant Property free of debris, with all smsctures broom-clean, at day and time of settlement, AND/OR
2. Assignment of existing lease(s), together with any security deposits and interest, at lime of settlement, if Property is leased at the
execution of this Agreement or unless otherwise specified herein. B~er will acknowledge existing lease(s) by initialing said lease(s) at
time of execution of this Agreement.
(B) Seller will not enter into any new leases, written extension of existing leases, if any, or additional leases for the Property without the written
consent of Buyer.
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 public record
and ff Buyer causes or permits this Agreement to be recorded, Seller may elect to treat such act as a breach of this Agreement.
20. ASSIGNMENT (3-85) This Agreement will be binding upon thc parties, ,their respective heirs, personal representatives, guardians and successors,
and to the extent assignable, on the assigns of the parties hereto, it being expressly, understood, however, that Buyer will not transfer or assign this
Agreement without the written consent of Seller.
21. DEPOS~ & RECOVERY FUND (1-02)
(A) Deposits paid by Buyer within ~0 DAYS of settlement will be by cash, cashier's or certified check. Deposits, regardless of the form of
payment and the person designated as payee, will be paid in U.S. Dollars to Broker or pm~y identified in paragraph 3(B), who will retain them
in an escrow account until consummation or termination of this Agreement in conformity with all applicable laws and regulations. Any uncashed
check tendered as deposit monies may be held pending the acceptance of this offer.
(B) Upon termination of this Agreement, the Broker holding the deposit monies will release the deposit monies in accordance with the terms of a
fully executed written agreement between Buyer and Seller.
(C) In the event of a dispute over entitlement to deposit monies, a broker holding the deposit monies is required by the Rules and Regnlatious.of
the State Real Estate Commission (49 Pa. Code .~35.327) to retain the mnnio_a in ~at.rn,.~ ,ntll th,~ ,41 .... *~ i .... ~..~.~ ~ n. ........ ~ ~:.:
499
5OO
501
5O2
5O3
504
555
6O6
5O7
5O8
5O9
510
511
512
513
514
515
516
517
518
519
52O
521
522
523
524
525
526
527
528
529
53O
531
532
533
534
535
536
537
538
539
540
541
542
543
644
.545
546
547
548
549
55O
551
55Z
553
554
555
556
557
558
559
560
561
562
563
564
565
566
567
568
569
· ~IE FOLLOWING APPLIES TO P~ERTIES THAT ARE PART OF A CONDOMIN1]d~gIOR A PLANNED COMMUNITY. . 499
( ) Within 15 DAYS~fth~exec~]~fthisAgreement~S~erwiHsubmitarequestt~th~[ia~nf~raC~rti~cat~fR~sal~andth~doc~ 500
uments necessary to enable Seller to comply with the Act. The Act provides that the a~,sociafion is required to provide these documents within 501
10 days of Seller's request. 502
(B) Seller will promptly deliver to. Buyer all documents received fxom the association. Under the Act, Seller is not liable to Buyer for the failure or 503
delay of the association to provide the Certificate in a timely manner, nor is Seller liable to Buyer for any erroneous information provided by 504
the association and included in the Certificate. .505
(C) Buyer may declare this Agreement VOID at any time before Buyer's receipt of the as.,~ociation documents and for 5 days thereafter, OR until 506
settlement, wldchever occurs fn'st. Buyer's notice declaring this Agrecmeat void must be in writing; fhercafter all deposit monies will be 607
returned to Buyer.. 508
(D) Intheeventtheassocia~unhasther~ghtt~buytheProperty(right~f~rstr~fusa~)~andtheass~ciati~nexercisesthatright,Sellerwil~reimburse 606
Buyer for all monies paid by Buyer on account of purchase price and for any costs incurred by Buyer for: (1) T~tle search, title insurance and/or 510
mechanics lien insurance, or fee for cancellation of same, ff any; (2) Flood insurance and/or fire insurance with extended coverage, mine sub- 511
sidence insurance, or fee for cancellation of same, if any; (3) Appraisal fees and charges paid in advance to mortgage lender, if any. 512
~. MAINTENANCE & RISK OF LO~S (1-02) 513'
(A) SeLler will maintain the Property, grounds, fixtures, and any personal property specifically scheduled herein in its present condition, normal 514
wear and tear excepted. 515
(B) In the event any system or appliance included in the sale of the Property falls and Seller does not repair or replace the item, Seller will promptly 516
notify Buyer in writing of Seller's choice to: 517
1. Repair or replace the failed system or appliance before seuiement or credit Buyer at seuiement for the fair market value of the failed sys- 516
tern or appliance (thi~ option must be acceptable to the mortgage lender, if any). In each case, Buyer accepts the Property and agrees to 519
the RELi~.ASE set forth in paragraph 25 of this Agreement, OR 520
2. Not repair or replace the failed sysmm or appliance, and not credit Buyer at settlement for the fair market value of the failed system or 521
appliance. If Seller docs not repair, replace or offer a credit for the failed system or appliance, or if Seller fails to notify Buyer of Seller's 522
choice within the time given, Buyer will notify Seller in writing within ~ DAYS or befor~ seuiement, whichever is sooner, that Buyer 523
will: 524
a. Accept the Prop~y and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 525
b. Terminate this Agreement, in.which case all deposit monies paid on account of purchase price will be returned promptly to Buyer 526
and this Agreement will be VOID,. 527
(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- 528
erty included in this sale that is not repaired or replaced prior to seuiement, Buyer will have the option of rescinding this Agreement and 529
p?mp,, y r eiving .. mo .es ?aid on a ount or of ep".S the in its then condition together with the 530
or any insurance recovery ootamable by Seller. Buyer Is hereb notified that Bu er ma insure Bu '
· ~ Y y y' yer s ~nitable interest in this Property as off' 531
the time of execution of this Agreement. 532
24. WAIVER OF CONTINGENCIES (1-02) 533
ff this Agreement is contingent on Buyer's right to inspect and/or repair the Property, Buyer's failure to exercise any of Buyer's options within 634
the time limits set forth in this Agreement will constitute a WAIVER of that contingency and Buyer accepts the Property and agrees to the 635
RI~.LI~.ASE set forth in paragraph 25 of this Agreement. 536
25. RELEASE 0-02) 537
.Buyer hereby releases, quit dalrns and forever discharges SELLER, ALL BROKERS, their LICENSEES, EI~YEES, and any OFFI- 538
CER or PARTNER of any one of them and any other PERSON, FI~ or CORPORATION who may be Kable by or through them, from 539
any and all claims, lesses or demands, including, but not iinaJted to, personal Injuries and property damage and all of the consequences there. 540
of, whether now known or not, which may arise from the presence of termites or other wood-boring Insect~ radon, lead-based paint hag- 541 '
lards, environmental hazards, any defects in the Individuul on-lot sewage disposal system or defldencies Jn the on-site water service system, 542
or any defects or conditions on the Property. Should Seller be in default under the terms of this Agreement, tills release does not deprive 543
Buyer of any right to pursue any remedies that may be avnilab]e under law or equity. This release wjo survive settlement. 544
26. REPRESENTATIONS (1.02) 545
(A) Buyer understands that any representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seller, Brokers, 546
their licensees, employees, officers, or partners are not a part of this Agreement unless expressly inCOl]~Orated or stated in this Agreement. It is 547
further understood that this Agreement contains the whole agreement between Seller and Buyer and there arc no other terms, obligations, 548
covenants, representations, statements or conditions, oral or otherwise of any kind whatsoever concerning this sale. Furthermore, this 549
Agreement will not be altered, amended, changed, o~ modified except in writing executed by the parties. 550
(B) It is understood that Buyer has Inspected the Property before sJgnin~ this Agreement (including fixtures and any persona] property 551
speeAfically scheduled herein), or has waived the right to do so, and has agreed to purchase the Property In its present,coudldou un]ess 552
otherwise stated in this Agreement. Buyer acknowledges that Brokers~ their licensees, empioye~s, officers or partners have not nmde 553
an independent examination or determination of the structorai soundness of the Property, the age or coudJtion of the components, envi- 554
romenta] conditions, the perntitted uses, or of conditions existing In the lo(ale where the Property is situated; uor have they made a 555
mechanical inspection of any of the systexns contained therein. 556
· (C) r ,Anyrepairs required by this Agreement will be comPleted in a workmanlike mauner. 557
(D) Broker(s) may perform servtccs to assist unrepresented parties in complying with the terms of this Agreement. 556
(E) The headings, captions, and line numbers in this Agrl~ment arc meant only to make it easier to find the paragraphs. 559
27. DEFAULT (1.02) 55o
(A) Seller has the option of retaining ali sums paid by Buyer, including the deposit monies, should Buyer: 561
1. Fall to make any additional payments as specified in paragraph 3; OR 562
2. Furnish false or incomplete information to Seller, Broker(s), or the mortgage lender, if any, concerning Buyer's legal or financial status, 563
or fail to cooperate in the processing of the mortgage loan application, which acts would result in thc failure to obtain the approval of a 554
mortgage loan commitment; OR 565
3. Violate or fail to fulfill and perform any other tcmm or conditions of this Agreement. 566
(B) Unless otherwise checked In paragraph 27 (C), Seller may elect to retain those sums p~dd by Buyer, including deposit monies, in one of the 567
following manners: 568
1. On account of purchase price; OR 589
587
588
589
590
591
592
593
564
595
596
597
598
599-
600
661
602
5O3
604
6O5
606
607
6O8
609
610
611
612
613
614
615
616
617
618
619
620
621
622
623
624
625
626
627
628
629
sr .cu.L CL US ,O-O )
(A) The foUowing are Part of this Ag~l~ent if check.ed:
[] Sale & Settlement of Other Property
Contingency Addendum (PAR Form SSP)
C] Sale& Settlement of Other Property Contingency
with Right to Continue Marketing Addendum
~PAR Form SSP-CM)
(B)
587
" 588
[] Settlement of Other Prop,my Continsency Addmdum ~PAR Form S~P) 589
[] Tenant-Occupied Property Addendum (PAR Form TOP) ,/~.' ./J~ ' 560
H tt.' ',;"'U
Buyer and Seller acknowledge receiving a copy of this Agreement at the time of algnJng.
NOTICE TO PARTIES: WHF~N SIGNED, THI~ AGRI~.EMENT IS A BENDING CONTRACT. Remm by facsimile transmission (FAX) of this
Agreement, and all addenda, bearing the signatures of ali parties, constitutes acceptance of this Agreement. Parties to this transaction are advised
to consult an attorney before signing if theY desire legal advice.' -'
Buyer has received the Consumer Notice as adopted by the State Real Estate Commi~zton at 49 Pa. Code §35336.
Buyer has received a sfatem~t 0f Buyer's esflmateddosing costs before signing this Agreement.
Buyer has read and understands the notices and explanatory information set forth in this Agreement.
Buyer Ires received a Seller's Property, Disclomire Statement before sjtmino this Agreement, if required by law (see Information Regarding
the Real Estate ~ellerDisdMure Law)./, ·
Buyer has re.ired the Delx~it Money Notice (for cooperntive sales when B~oker for Seller is holding deposit money) before signing tlds
Agreement.
DATE.
BUYER DATE
SS~
594
595
596
597
598
599
600
601 r
602 '
603
604
605
606
607
608
609
610
611
612
613
614
615
616
617
618
619
620
621
622
623
624
625
626
627
628
629
635
636
637
638
639
630 Seller hereby approves the above contract this (date) _~] ~,~-~,-f,e~~' /~. ~=00 ~ '630
631 '
63~.-.~.. '631
633 ' 632.
634 ~_~SeHe;,~s received the Conmuner Noti~ as adopted by the State Real Estate Comm,.~sJon at 49 pa. Code §35.336.
~___~eller has received a statement of Seller s estimated dosing costs before signing this Agreement.
L_~ Seller has read and understands the notices and explanatory information set forth in thk~ Agreement. '
N ELLER'S MAILING ADDRK~:
SELLER'S CONTACT NUMBER(S): ,,
SELLER
DATE,
SELLER DATE
SS~
Brok~rWLlcensees' Certiflcatiom (check ali that are applicable):
Regarding Lead-Based Paint Hazards Disclosure: Required ff Property was built before 1978: The undersigned Licensees involved in
this transaction, on behalf of themselves and their brokers, certify that their statements am, tree to the best of their knowledge and belief.
_Ac, kn_o_wledgement: The Licensees involved in this lransaction have informed Seller of Sc]le~'s obligations under The Residantial Lead-Ba.~d
634
635
636
637
638
639 :=
64O
641
642
643
644
645
646
647
648
649
650
651
652
653
654
SHAUN R. UNGER
PLAINTIFF
HOLLEE A. REPMAN
DEFENDANT
: IN 'ITIE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
03-2334 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, May 21, 2003 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ., the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 03, 2003 at 9:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Hubert X. Gilroy, Esq.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-31.66
OCT 24 20113 ~
SHAUN R. UNGEl~
Plain
V
HOLLEE A. REPM
Defem
AND NOW,
parties have reach
jurisdiction.
: IN THE COURT OF COMMON PLEAS OF
ff ' CUMBERLAND COUNTY PENNSYLVANIA
CIVIL ACTION- LAW
:
iN, : NO. 2003 - 2334 CIVIL
[ant : IN CUSTODY
COURTO~ER
his ,,~.~.f{ day of October, 2003, the conciliator being advised that the
an agreement in the above matter, the conciliator relinquishes
BY THE COURT,
Hubert X. Gi~...oy,
Custody C)~ciliator