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12-31-08
THE MATTER OF JANETTE NEELY IN THE COURT OF COMMON PLEA5 AN ADJUDICATED CUMBERLAND COUNT7i', PENNSYLVANIA INCAPACITATED INDIVIDUAL ORPHANS COURT DIVISION NO. 21-08-0032 ~--~ r~ ,: a ~__, __.~ ~ ,.' 7 r - PETITION TO SELL REAL ESTATE: ~, cy7 i H, TO THE HONORABLE EDGAR B . BAYLEY : '~.~ ` `-' AND NOW, this 30th day of December 2008 cotes the guardian, Constance E. Stoneroad, of Keystone Guardianship Services, of the above-captioned incapacitated individual, ~~nd petitions as follows: 1. Keystone Guardianship Services was a~>pointed Guardian for Janette Neely, an alleged incapacitated person by the Cumberland Country Orphan's Court by Order dated March 5t'' 2008(see copy of Order attached as Exhibit "A"). 2. Janette Neely is presently a resi~~ent of Country Meadows located at 451 Sandhill Road, Hershey,, Dauphin County Pennsylvania 17033. 3. Keystone Guardianship Services has been working on selling the real estate owned by Janette Neely in order to have funds readily available for her personal and medical care, as well as continual real estate maintenance. Page 1 of 3 Pages 'h Estate Janette Neely An Inca~~acitated Person 4. Janette Neely is the sole owner of a piece of real estate known as 59 North East Street, Borough of Carlisle, Cumberland County, Pennsylvania (Parcel No 02-0328-298). 5. Keystone Guardianship Services requesi~ed and received an Order dated May 30, 2008, allowing the sale of above described real estate to Jerry and Betty ;>chlusser of 55 Campground Road, Carlisle, Pennsylvania in the amount of $172,500.00 ".AS IS" (See copy of the Order attached as Exhibit ~~ g ~~~ . 6. Jerry and Betty Schlusser withdrew their offer. 7. Said Real Estate was appraised by Diversified Appraisal Services, 35 East High Street, Suite 101, Carlisle, Pa 17013 for $173,000.00. (See copy of the appra_LSal attached as Exhibit "C"). 8. Said Real Estate is assessed at 165,950 X 1.22 bringing the assessed value of the real estate to $202,459.00. 9. Said property is in need of various re~>airs. 10. The clutter was removed from the house, porch, yard and out buildings. 11. A reverse mortgage was taken out on this property in the amount of $155,610.00, with a current balance of $154,458.32, with monthly charges quickly accumulating of approximately $593.43, per month. 12. The Guardian has listed the aforementioned real estate with Listed f.or sale with A+ Realty Service, Jody Bitner, 1481 Newville Road, Carlisle, PA 17015 at the ap~~raised value of $173,000.00 "AS IS". Any negotiated price will be no less than loo (ten percent) of the appraised value. (ti~ee copy of the listing attached as Exhibit "D"). Page 2 of 3 Pages Estate Janette Neely An Inca~~acitated Person WHEREFORE, the aforementioned guardian respectfully requests this Honorable Court enter an Order dirE~cting the sale of 59 North East Street, Borough of Carlisle, Cumberland County, Pennsylvania (Parcel No 02-0328-298) owned by Janette Neely "AS IS" for $173,000.00 with any negotiated pricE~ to be no less than 10% of the appraised value. Respectfully Submit:ted: i Date : / Z /,3C~~~ ~7 Constance E . Stonez-oad KEYSTONE GUARDIANSI-IIP SERVICES 512 Market Street :quite "2" Millersburg, PA 17061 Office (717) 692-1;20 Cell (717) 265-405Ei Page 3 of 3 Pages THE MATTER OF JANETTE NEELY IN THE COURT OF COMMON PLEAS AN ADJUDICATED CUMBERLAND COUNT:, PENNSYLVANIA INCAPACITATED INDIVIDUAL ORPHANS COURT DIVISION NO. 21-08-0032 VERIFICATION I verify that the averments in this Petition to Sell Real Estate are true and correct. I understand that false statements herein are made subject to the penalties of 1£3 Pa. C.S. 4904, relating to unsworn falsification to authorities. KEYSTONE GUARDIANS]~IP SERVICES ,-,// Date : /~ O !` ~ lZs~T~~~G-~ ~ ~, , ~~ _~ ~ ~ y , ~ ~ Constance E. Stone:road IN RE: ~ A ETTE NEELY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 21-08-0032 ORPHANS' COURT ORDER OF COURT PtN[~ NOW, this _°~'(f~ day of March, 2008, following a hearing, IT IS ORDE (1)'~Janette Neefy is adjudicated an incapacitated person in need of a plenary guardian off her person and plenary guardian of her estate. Keystone Guardianship Services NPC is appointed plenary guardian of the person Qf ;Janette Neely and plenary guardian of the estate of Janette Neely. Keystone Guardianship Services NPC shall be paid for its services in accordance with its regular fee schedule. (4)',~As guardian of the estate of Janette Neely, (1) Keystone Guardianship Services f~PC, may, without prior court approval, invade .principal as necessary for paymerjt of expenses and debts, and (2) is authorized to enter into listing contracts for the sale' of real estate; however, court approval shall be required prior to signing of any contract of sale. No party other than the guardian of the person shall have the right to remove the inc 'p 'citated person from her residence at Arden Court, Harrisburg, Pennsylvania, -~ and no of er party shall interfere with her care or otherwise disturib her p_ea-ice and_ =-~ --_, tranquil'ty. To ensure the security and well being of the incapacitated per~ora~~ ~~ ~, - . __ representatives of Arden Court shall have the authority to use thelir discretion.~vvhieh may -_ include restriction of visits or other contact with the incapacitated person;~~--' •• [;r'. EXHIBIT i ~ ~~a Keystone Guardianship Services NPG shall comply wi1;h the reporting requirements .set forth in 20 Pa.C.S.A. Section 5521(c). By the C~r~ ~~ ~° i :.~ ~~ Edgar B. Bayley, J. Anthony' L. DeLuca, Esquire For the (Area Agency on Aging Roger For Jar :sal rgenthal, Esquire :e Neely A TR~s= e:.O~Y i=~Uis~ REC®RD In Testimony wherot, i hereunto se4 rriy hand and the seal of said) Court at Carlisle, PA of that orphans Coin! Ct~rnberlan~.~ Coc~n~y IN RE: JANETTE NEELY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUI~ITY, PENNSYLVANIA 21-08-0032 ORPHAN;' COURT IN RE: PETITION FOR ADJUDICATION OF INCAPACITY AND APPOINTMENT OF GUARDIAN OF THE PERSON AND GUARDIAN OF THE ESTATE OF JANETTE NEELY MEMORANDUM OPINION AND ORDER OF COURT Bayley, J. March 5, 2008:-- Janette Neely, age 84, is currently a resident at Arden Court, Harrisburg, Pennsylvania, a facility specializing in the care of Alzheimer patients. We find that due to her Alzheimer disease, her ability to receive and evaluate information effectively and communicate decision are impaired to such a significant extent that she is unable to manage her financial resources and unable to meet essential req~.airements for her physical heath and safety.' Her prognosis is for further mental deterioration. We find that she is an incapacitated person in need of a plenary guardian of her person and plenary guardian of her estate for an indefinite period. Neely, who is represented by private counsel, requests that Keystone Guardianship Services NPC be appointed plenary guardian of her person and plenary guardian of her estate:. Based on the above findings, the following order is entered. ' She suffers from hypertension, asthma and renal disease. GS/YJ~/LrJYJb 14: 1b !1lL~iGbllb l.lJl°ID VV F-1g11V17 t-rl•I oVV ~ rru~ ~,,~ IN RE: JANETTE NEELY ; (N THE COURT Oi= COMMON PLEA5 OF . :CUMBERLAND COUNTY, PENNSYLVANIA 21-08-0032 ORPHANS' COURT ORDER OF COURT AND NOW, this -day of March, 2008, this court hawing this date appointed Keystone Guardianship Services NPC as plenary guardian of the person and plenary guardian of the estate of Janette Neely, the order entered ~~n January 10, 2008, appointed Cumberland County Aging and Community Services as emergency plenary guardian of the person and emergency plenary of the estate of JarrE.tte Neely, is VACp-TED AS OF THIS DATE. By the Edgar B. Bayley, J. Anthony L. DeLuca, Esquire For the Area Agency on Aging Roger Morgerithal, Esquire For Janette Neely :sal . A "FRUE COPY FROM RECORD' in Testimony vdherof, I hereunto, set my hand and the.seat of~s}aid Courk at Carlisle PA,.~I This. M day v~„~a v~~.., Clerk of 2hr Orphans Court Cumberland C~urtty -, ~. .,, ~t:~~ r_, :~o :.: ~ ri .:: c t ~~ C: _`l7 ~ ~ .~, __ ~, ~~ fly Z7 ..:i„: .': J w c~ s:;' "~ <:: ~i ~..,.. _ _,, r=;,i ~~" ,,' .... ~^ `i . 'r~ IN RE: JANETTE NEELY IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA 21-08-0032 ORPHANS' COURT AMENDED ORDER OF COURT AND NOW, this ~ ~ day of March, 2008, the order of March 5, 2008, appointing Keystone Guardianship Services NPC as plenary gu<~rdian of the person of Janette Neely and the plenary guardian of the estate of Janette (Neely, is amended to add the following provision: Keystone Guardianship Services NI'C shall have the authority to revoke powers-of-attorney that Janette Neely previously granted to Betty Schlusser and Harold Casner. Anthony L. DeLuca, Esquire For the Area Agency on Aging Roger Morgenthal, Esquire For Janette Neely Keystone Guardianship Services 129 Market Street Suite 1 Millersburg, PA 17061 :sal rlO ~~ ~7 %_a ~ _~~ ~. -_- ~ T: _lJ ."~\ -._.%_ i l_)--; =_, ---~ .~ ~:~_ .1J .-Z. 7: ,~ <~.,; G~ ~~ `~~1~1 ~ ~ ZO~~ THE MATTER OF JANETTE NEELY IN THE COURT OF COMMON PLEAS AN ADJUDICATED CUMBERLAND COUNTY', PENNSYLVANIA INCAPACITATED INDIVIDUAL ORPHANS COURT DIVISION N0. 21-08-0032 ORDER OF COURT AIvD NuW, this ~;,~ _ day of ,~ , 200$, ~,~ppn consideration of the attached Petition to Sell Neal Estate, it is hereby directed the guardian, Keystone Guardianship Services, to sell 59 North East Street, Borough of Carlisle, Cumberland County, Pennsylvania (Parcel No 02-0328-298) owned by Janette Neely to Jerry Schlusser and Betty 5chlusser, flis wife, in the amount of $172,500.00 "AS IS". BY BY: Distribution: Keystone Guardianship Services Constance E. Stoneroad 129 Market Street - Suite "1" Millersburg, PA 17061 717-692-2345 Humer & Daniels William S. Daniels 205 Farmers Trust Building One West High Street Carlisle, PA 17013 EXHIBIT ~~ ~ A TRUE COPY 1=1~011A RI=CORD In Testimony wherof, I hereunto set my hand and the seal of said Court at Carlisle, PA Thia ~~day of ~0~ clerk of th® Or~6i$ns Court Cumber{end G+~unty hy1 ~''\ \. "7•~ ~~ ' 1 V ~~ ~!1 L J'~lJ ~\ ' _ ~ C, ~ ' ~ , ~ f 1 L ` I~ ~~ ..~-; .. _ :~> c~~ - . APPRAISAL OF REAL PROPERTY LOCATED AT: 59 N. East Street Deed Book 34T Page 228 Carlisle, PA 17013 FOR: Keystone Guardianship Services 129 Market Street, Ste A, Millersburg, PA 17061 AS OF: April 17, 2008 BY: Krista L. Garrick State Certified Residential Appraiser The intended user of the report is Keystone Guardianship Services The intended use is to be for valuation purposes only. Summary Appraisal Format EXHIBIT Form GA1 - "TOTAL ~ ~ ~ ~ -1-800-ALAMODE J FannieMae Diversrfied Appraisal Services Desktop Underwriter Quantitative Analysis Appraisal Report File No. o527oaN THIS SUMMARY APPRAISAL REPORT IS INTENDED FOR USE BY THE LENDER/CLIENT FOR A MORT6A6E FINANCE TRANSACTION ONLY. Prc a Address 59 N. East Street Ci Carlisle Stlite PA L Cotle 17013 Le al Descri lion Deed Book 34T Pa a 228 Cou Cumberland Assessor's Parcel No. 02-21-0318-298 Tax Year 2008 R.E. Taxes 3049.33 S is Assessmerrts NIA .. Borrower NIA Current Owner Janette L. Neely Occuoalfl ~ Owner Tenant Vacard Nei hborhood or Pro'ectName Carlisle Borou h Pro'ectT a PUD Condominium HOA Mo. Sales Price N/A Date of Sale N/A Descri lion amoum of loan char es concessions to be id b seller N/A Pro a ri Ms a raised Fee Sim le Leasehold Ma Reference 21-0318 Census Tract 0121.00 Note; Race and the racial cam osition of the ne' hborhoo d are not sisal factors. Location ^Urhan ®Suburban ^Rural Built u p ^ Over 75% ®25-75% ^ Under 25% Growth rate Ra id Stable Slow Property values ®Increasing ^Stable ^ Declining Demand/su I pp y ^ Shortage ®In balance ^ Over supply Marketin time Under 3 mos. 3-6 mos. Over 6 mos. sin lefamilyhousing PF~CE AGE $(000) (yrs) 4o Law New Condominiumhousing PRICE (rf appGc.) AGE $(000) (yrs) Low Neighborhood boundaries The sub ect roe is located in Carlisle Borou h. The sub ect nei hborhood is 4(10 Hi h 225 Hi h bordered b PA Turn ike, Rte 34, Interstate 61 and Rte 465. Predominant ' - ~ Predominant ~: 125 100 Dimensions Irregular Sttearea .36 acre Shape Irregular Spec'rfic zoning classification and description Residential Zoning compliance ®Legal ^ Legal nonconforming (Grandtathered use) ^ Illegal, attach descdpfion ^ No zoning Highest and best use of subject property as improved (or as proposed per plans and specifications): ®PBSent USe ^ Other use, attach description. Utilifies Public Other Public Other Electricity ® Water ® Gas Sanitar Sewer OH-shelmprovements Type Public Private Street Macadam ® ^ Nle None Are there an a arem adverse site conditions easements encroachmems s ecial assessments slide areas etc. ? Yes No fl Yes attach tlescd Lion. Source(s) user] for physical characteristics of property: ®Irrterior and exterior inspection Exterior inspection tram street ^ Previous appraisal files MLS Assessment and tax records Prior ins ection Pro a owner Other Describe No. of Stories 2.5 T e Det. Att. Det Exterior Walls Stone Roof Surface Metal Manulactured Housin Yes No Does the roe enerall conform to the nei hborhood in terms of st a condiflon and construction materials? Ves No If No attach descd lion. Are there any apparent physical deficiencies or conditions that would affect the soundness or stmctural integdty of the improvements or the Ihrahility of the property? Yes No ff Ves attach tlescd lion. Are there any apparerA adverse environmemal conditions (hazardous wastes, to>ac substances, etc.) preserrt in the improvemens, on the site, or in the immediate vicinity of the subject property? ^ Yes ®No If Yes, attach description. I researched the subject market area for comparable listings and sales that are the most similar and pro>amate to the suhject property. My research revealed a total 01 4 sales ranging in sales price tram $ 140,000 to $ 240,000 _ My research revealed a total o1 1 lisflngs ranging in list price from $ 140,000 to $ 220,000 _ The anal sis of the cam arable sales below reflects market reaction to si n'rficant vadafions between the sales and the subject roe FEATURE SUR,IECT SALE 1 SALE 2 SALE 3 59 N. East Street Address Carlisle 155 W. Loather Street Carlisle 162 W. Loather Street Carlisle 14 S. East Street Carlisle Pro>am' to Sub'ect 0.41 miles 0.42 miles 0.12 miles Sales PfICe " ~ "- 185 000 179 900 ~' 140.000 V ~ .~ 3~ ~ ~ . 48.71 ~ ~- `~- Data& enficationSorurces "' ~~' Courthou eBMLS Courthouse M LS Courthouse/MLS VALUE ADJUSTMENTS "F~~Pir ` ': DESCRIPTION + - $ Ad'ust. DESCRIPTION + - $ Ad'ust. DESCRIPTION + - $ Ad ust. Sales or Financing ?F;:~;~ Conventional None Known Conventional I None Known Conventional None known Date of Sal Ime ~' ~-"~' > 11/29106 8/2/06 1 Z/29/06 Location Avera a Su erior -18 500 Su erior -18 000 Similar Site .36 acre .12 acre +g 600 .17 acre +7 600 .10 acre +10 400 View Avera a Avera a Avera a Avera e Desi n S e 2.5 sto /3 Unil 3 Sto /4 Unit 2.5 Sto /4 Unit 2 sto /3 Unit Actual A e rs. 140 ears 146 ears 96 ears 106 ears Condifion Stone/Avera a Brick/Similar Brick/Similar Alum VnUSimilar +10.000 Above Grade Total Bdrms Baths Total Bdrmsi Baths Total iBdrms Baths '"'~'"~'_*~' Total iBdrmsi Baths ~ RaamCouM 15 ~ 5 ~~ 3.5 16 ~ B 4 -1,500 14 ~~ 5 ~ 4 ~~ +500 13 ~ 7 ~ 3 +2 5 ~~ 000 Gross Livin Area 3 664 S . Ft. 3 820 S . Ft. ~ -2 300 3 228 S . Ft. ~ +6 500 . , 2 874 S . Ft. ~ +11 900 Basement & Rnished Rooms Below Grade Full basement Unfinished PaA basement Unfinished Full basement Unfinished Full basement Unfinished tiara Caf od None 1-car ara a -2 000 3-car ara a -6 000 None Porch/Patio/Balc Porch +2 000 2 Pches/Bolton Porch +2 000 1 Fire lace None +1 000 None +1 000 None +1 000 Net Ad'. total + - 11 700 + - 8 400 + - 37 300 ~ Adjusted Sales Price of Comparables ~ - t 9: 173,300 f~sS 0/~ 171,500 ~ tF~ ~a~ ~"Gf 26.6-% 177,300 Date of Prior Sale 8130/90 No rior sale listed 1/10/06 9115/98 Price of Pdor Sale 1 179 900 90 000 Analysis of any current agreement of sale, opfion, or lisfing of the subject property and analysis of the pdor sales of suhject and comparables No sale has taken lace on the sub eel ro ert within the past three years. No sales have taken place on the wmparables in the past 12 months. Summary of sales comparison and Value conclusion: The Sales Comparison approach is the best approach for this type of nrOPBAIr. The Cost aplxoach was not considered since this is not new construction. The income approach is considered to be unreliable due to the fact that GRM does not take o eratin a ense variations into consideration. Usin a ca italization rate which is a lied to the net o eratin income would be more accurate. This appraisal is made ®"as-is", ^subject to completion per plans and specifications on the basis of a hypotheflcal condifion that the improvements have been completed, or ^ subject to the following repairs, alterafions or condifions BASED ON AN ^ EXTERIOR INSPECTION FROM THE STREET OR AN ®INTERIOR AIO EXTERIOR INSPECTION, I ESTINATE THE MARKIET VALUE, AS DERNED, OF THE REAL PROPERTY THAT IS THESUB,ECTOFTHISREPORTTOBE$ 173,000 ,AS OF April 17, 2008 PAGE 1 OF 3 Fannie Mae Farm 2055 9-96 Form 205 - "TOTAL for Windows" appraisal software by a la mode, inc. -1-800-ALAMODE Desktop Underwriter Quantitative Analysis Appraisal Refoort ~:,e .,_ ~~ Project Information to Pubs (If applicable) - - Is the developer/bultler in control of the Home Owners' Association (HOA)? ^Yes ^ No Provide the following information for PUDs only'rf the developeVbuiltler is in control of the HOA and the subject property is an attached dwelling unit: Total number of phases _ Total number of uNts Total number of units sold Total number of units reined Total number of units for sale Data Source(s) Was the project created by the conversion of existing buildings into a PUD? ^Yes ^ No If yes, date of conversion: _ Does the project contain any multi-dwelling units? ^Yes ^ No Data Source: Are the common elements completed? ^Yes ^ No If No, describe status of completion: Are any common elements leased to or by the Home Owners' Association? ^Yes ^ No If yes, attach addendum describing rental terms and options. Describe common elements and recreational facilities: Project Information fw Condominiums (If applicable) - - Is the developer/builder in control of the Home Owners' Association (HOA)? ^Yes ^ No Provide the following information far all Condominium Projects: Total number of phases _ Total number of units Total number of units s~~ltl Total number of units rented Total number of units for sale Data Source(s) _ Was the project created by the conversion of existing buildings into a condominium? ^Yes ^ No byes, date of conversion: Project Type: ^ Primary Residence ^ Second Home or Recreatienal ^ Row or Townhouse ^ Garden ^ Middse ^ Highrise ^ Condition of the project, quality of construction, unit mix, etc.: Are the common elemerds completed? ^Yes ^ No ff No, describe status of completon: Are any common elemerds leased to or by the Home Owners' Association? ^Yes ^ No tt yes, attach addendum describing rental terms and options. Describe common elements and recreational facilities: PURPOSE OF APPRAISAL: The purpose of this appraisal is to estimate the market value of the real property that is the subject of this report based on a quantitative sales comparison analysis for use in a mortgage finance transaction. DEFlNITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all cond'dions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he considers his own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price repres~:nts the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with the sale. * Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgment. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subjel;t to the following conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the tithe to it. The appraiser assumes that the title is good and marketable and, therefore, will pat render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided any required sketch in the appraisal report to show approximate dimensions of the mprovements and the sketch is included only to assist The reader of the report in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser will not give testimony or appear in court because he or she made an appraisal of the propelq~ in question, unless specific arrangements to do so have been made beforehand. 4. The appraiser has noted in the appraisal report any adverse conditions (such as, but not limited to, needed repairs, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, expressed or implied, regarding the condition of the property. -Fhe appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the properly. 5. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct The appraiser does not assume responsibility for the accuracy of such items that were furnished by other parties. 6. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 7. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraiser's identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower, the mortgagee or its successors and assigns; the mortgage insurer, consultants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality of the United States or <ny state or the District of Columbia; except that the lender/client may distribute the report to data collection or reporting service(s) wthout having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media. 8. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to completion Irer plans and specifications on on the basis of a hypothetical condition that the improvements have been completed. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to completion repairs or aherations on the , , assumption that completion of the improvements will be performed in a workmanlike manner. rout z ur's Fannie Mae Form 2055 9-96 Farm 205 - "TOTAL for Windows" appraisal sofhvare by a la mode, inc. -1-800-ALAMODE unaerwriter quantitative Analysis Appraisal APPRAISER'S CERTIFlCATION: The Appraiser certifies and agrees that 1. I performed this appraisal by (1) personally inspecting from the street the subject property and neichborhood and each of the comparable sales (unless I have otherwise indicated in this report that I also inspected the interior of the subject propelty); (2) collecting, confirming, and analyzing data from reliable public and/or private sources; and (3) reporting the results of my inspection and analysis in this summary appraisal report. I further certify that I have adequate information about the physical characteristics of the subject property and the comparable sales to develop this appraisal. 2. I have researched and analyzed the comparable sales and offerings/listings in the subject market area and have reported the comparable sales in this report that are the best available for the subject property. I further certify that adequate comparable market data exists in the general market area to develop a reliable sales comparison analysis for the subject property. 3. I have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I further cert'rfy that I have noted any apparent or known adverse conditions in the: subject improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware, have considered these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them, and have a~mmented about the effect of the adverse conditions on the marketability of the subject property. I have not knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the appraisal report are true and corect. 4. I stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, .and conclusions, which are subject only to the contingent and limiting conditions spec'rfied in this form. 5. I have no present or prospective interest in the property that is the subject of this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex, age, marital status, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property or on any other basis prohibited by law. 6. I have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 7. I was not required to report a predetermined value or direction in value that favors the cause of the client or any related parry, the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan. 8. I estimated the market value of the real property that is the subject of this report based on the sales comparison approach to value. I further cert'rfy that I considered the cost and income approaches to value, but, through mutual agreement with the client, did not develop them, unless I have noted otherwise in this report. 9. I pertormed this appraisal as a limited appraisal, subject to the Departure Provision of the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation anif that were in place as of the effective date of the appraisal (unless I have otherwise indicated in this report that the appraisal is a complete appraisal, in which case, the Departure Provision does not apply). 10. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value. The exposure time associated with the estimate of market value for the subject property is consistent with the marketing time noted in the Neighborhood section of this report The marketing pedod concluded far the subject property at the estimated market value is also consistent with the marketing time noted in the Neighborhood section. 11. I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. I furrier certify that no one provided significant professional assistance to me in the development of this appraisal. SUPERVISORY APPRAISER'S CERTIFlCATION: If a supervisory appraiser signed the appraisal report, he or she certifies and agrees that: I directly supervise the appraiser who prepared the appraisal report, have examined the appraisal report for compliance with the Uniform Standards of Professional Appraisal Practice, agree with the statements and conclusions of the appraiser, agree to be; bound by the appraiser's certifications numbered 5 through 7 above, and am taking full responsibility forthe appraisal and the appraisal report. APPRAISER: SUPERVISORY APPRAISER (ONLY IF REOUIFiED): Signature: ~~ Name: Krista L. Garrick Signature: Name: Company Name: Diversified Appraisal services Company Name: Company Address: 35 E. High Street, Suite 101 Company Address: Carlisle, PA 17013 Date of ReporUSignature: May za, zoos Date of Report/Signature: State Certification #: RL-003233-L State Certification #: or State License #: or State License #: State: PA State: Expiration Date of Certification or License: June 30, zoos Expiration Date of Certification or License: ADDRESS OF PROPERTY APPRAISED: 59 N. East Street SUPERVISORY APPRAISER: Carlisle, PA 17013 SUBJECT PROPERTY APPRAISED VALUE OF SUBJECT PROPERTY $ 173,000 ^ Did rat inspect subject property EFFECTIVE DATE OFAPPRAISAL/INSPECTION April 17, 2008 ^ Did inspect exterior of subject property from street ^ Did inspect interior and exterior of subject property LENDER/CLIENT: COMPARABLE SALES Name: Company Name: Keystone Guardianship Services Company AddreSS: 129 Market Street, Ste A Millershurp, PA 17061 ^ Did not inspect exterior of comparable sales from street ^ Did inspect exterior of comparable) sales from street 30F3 Fannie Mae Farm Form 2Q5 - "TOTAL tar Windows" appraisal software by a la mode, inc. -1-800-ALAMOOE Desktop Underwriter Quantitative Analvcic Onnraical Rannrt FEATURE SUBJECT 59 N. East Street Address Carlisle _ Pro>am' toSub'ect ~~=>+ Sales Price Pdc Grass Livin Area $ ~ SALE 4 SALE 5 271 W. South Street Carlisle 0.64 miles -?: ~ ~ 240,000 '~ ~ , ;a 67.40 ~ "~"'~j 4 '~'~ r~ '? SALE 6 Data 8 Vedficalion Sources '~ __ _ _ " Courthouse/MLS VALUE ADJUSTMENTS 1 I iFTi +! DESCRIPTION + - $ Ad'ust. DESCRIPTION + - $ Ad'ust. DESCRIPTION + -l$ Ad'ust. Sales or Rnancing ConceSSlons ~ ~f : x Conventional None known Date of Sal ime 1/30107 Location Avera a Su erior -24,000 Site .36 acre .21 acre +6 000 View Avera a Avera e Desi n S e 2.5 sto /3 Unit 2.5 sto /3 Und Actual A e rs. 140 ears 108 ears CondiBon Stone/Avera a Brick/Inferior ' -36.000 Above Grade TotallBdrms~ Baths TotallBdrms' Baths > ~~'~~ Total'Bdrmsl Baths ~ ~ Totalotal'Bdrm Aoom Count 15 5 3.5 12 5 3 +3,500 __ Gross Livin Area 3 664 S . Ft. 3 561 S . Ft. +1 500 S . Ft. S . Ft. ' Basement & Rnished Rooms Below Grade Full basement unfinished Full basement unfinished Gara Car od None 2-car ara a -4 000 Porch/Patio/Bolt PorcFVBalwn +1000 1 Fire lace None +1 000 Net Ad'. total ~-- + - 51 000 n + r l - ', f ~ + I I - ; Adjusted Sales Price of Com arable `-, t ` `` ` toss`. ~~ 16s 000 ~ Gro$s .~ . GfOSS + ! ' Date of Prior Sale 8!30/90 No rior sale listed Price of Prior Sale 1 $ Comments: Comparable sale 4 was provided for additional sup port within the subled neighborhood. Diversified Appraisal Services Fannie Mae Form 2055 9-96 Farm 205.jAC) - "TOTAL far Windows" appraisal software by a la mode, inc. -1-800-ALAMODE Sunnlemental Addendum Borrower Client N/A Pro a Address 59 N. East Street Ci Carlisle Coun Cumberland State PA Zi Code 17013 Lender Ke tone Guardianshi Services Scope of the Appraisal: The appraiser inspected the interior and exterior of the subject property. This appraisal is based on the information gathered by the appraiser from public records, other identified sources, inspection of the subject property and neighborhood and selection of comparable sales within the subject market area. The assignment included an analysis of the subject's area, an estimation of the property's highest and best use, the consideration of all three approaches to value and the atrplication of those relevant to the valuation of the subject property. Intended User: The Intended User of this appraisal report is the Lender/Client. The Intended Use is to evaluate the property that is the subject of this appraisal for valuation purposes, subject to the stated Scope of Work, purpose of the appraisal, reporting requirements of this appraisal report form, and Defnition of Market Value. No additional Intended Users are identified bythe appraiser. Additional comments: The subject is older than five (5) years old. All mechanical systems including the heating, electrical and plumbing systems were on and in working order at the time of inspection. No warranties are implied in this statement. One or more comparable sales are older than six (6) months old. Although there are comparable. properties in the subject's area, none have sold recently, therefore, sales in excess of six (6) months old have to be used. ,411 four comparables used were the best available. A location adjustment was made for comparable number 1, 2 and 4. The subject is located in an area with slightly lower land prices. Individual line adjustments were required that exceed 10%. These adjustments were required due to lack of more similar comparables on that individual rating. All four comparables are the best available. Gross adjustments exceed 25% and net adjustments exceed 15% for one or more of the comparable sales. Although there are other similar homes in the subject neighborhood, none have sold recently. The sales used are the best available. This report has been electronically prepared and transmitted in compliance with USPAP guidelines which include verification of the complete transfer and delivery, digitally protected signatures and adequate security measures in place to protect data transmtted by appraiser. Privacy Notice Pursuant to the Gramm-Leach-Billey Act of 1999, effective July 1, 2001, appraisers, along with all providers of personal financial services are now required by federal law to inform their clients of the policies of the firm ~Nith regard to the privacy of the clients nonpublic personal information. As professionals, we understand that your privacy is very important to you and are pleased to provide you with this information. In the course of pertorming appraisals, we may collect what is known as "nonpublic personal information" about you. This information is used to facilitate the services that we provide to you and may include the information provided to us by you directly or received by us from others with your authorization. We do not disclose any nonpublic personal information obtained in the course of our engagement with our clients to nonaffiliated third parties, except as necessary or as required by law. 8y way of example, a necessary disclosure would be to our independent contractors, and in certain situations, to unrelated third party consultants who ne~sd to know that information to assist us in providing appraisal services to you. All independent contractors and any third party consultants we engage are informed that any information they see as part of an appraisal is to be maintained in strict confidence within the firm. A disclosure required by law would be a disclosure by us that is ordered by a court of competent jurisdiction with regard to a legal action to which you are party. We will retain records relating to professional services that we have provided to you for a reasonable time so that we are better able to assist you with your needs. In order to protect your nonpublic personal information from unauthorized access bythird parties, we maintain physical, electronic and procedural safeguards that comply with our professional standards insuring the security and integrity of your information. Form TADD - "TOTAL for Windows" appraisal software by a la made, inc. -1-800-ALAMODE Location Map Borrower Client NIA Pro a Address 59 N. East Street Ci Carlisle Ccun Cumberland State PA Zi Code 17013 Lender Ke stone Guardianshi Services ~~ i ~$` MapPOinY ei,~~eMr.L~~t' i°k ~~ ~ F g1 a ~ ~i e ~ ~ ~ ~ ~ ~"po. QSt ~ ~ ~ ~ olhavo ., i ~~ ~ ( ~ -: uswmY. c St ~ ~ xn ^w wdr DFf76Eir ~~} ~ ~~ 7a --~ C X46, Ava ( ,~~us fYmy 9~rtsoks t`+~ R` ,,@@ ,~' 9 SY m ~ c~W ~ A 9! i ~d AyQ Q yS~ {' a ~ - ~ 91 V 4 '~ rMOyfb $i ~~17 .rif W P~Nt$r ~ ~ ~ ~ i _. ~~tlt'.7E3~ ~ , :_,a;,~a ~~ _~ ~ ~ ~ ~.~ ~W"t"~~ f~ ~.r~ S ., - ev FI- '~ d4'~ - ~ 4bdV~~ ~ ~w,iNr'itd ~ ,~~ ~ _... .Et.~,w..._ 1.. ,tt fiat i ~ ~- _ __ ,~ 1 --- ~-_- ._ w SoWb i~ ~ ~ y $ g 8 ~~'~Ave ~a Gr~>Qn3r p7eatraR~iva ~ ~~~ :::._ Letort ~,``,~~`~ ~~ 7 In Wahfutgt : ~ LS IA ~ Park 8~ _ i ~ ~ .,mot g~~ ~ ` ~ ~ 1~~~ a yb, II'-a Thornwald Parlf ~~~ ~ jg ,. ~~o'a ~ ~ ~ ! vy ~hn _ ~~_- pyS -.~-.- .- _~r ~,_____~_. _-~---- -. - ebb pr _~-.CIE- -'_' ~._` -~-r---- __ _ -- --__ __ --- _ ._. `,~ ~ } _ ~ ~ ~oBDF `~ ~ _ ~, 15 y I i A~ ~ ;`~Y Bmok xale ii mil 0.1 - 0-' U3 - .,.,.,,...:._:..~.~r~m~iwaouexrw ras.re :: ~.- 1717.r6t1 fir... Form MAP.LOC - "TOTAL for Windows" appraisal software by a la mode, inc. -1-800-ALAMODE Subject Photos Borrower Client NIA Pro Address 59 N. East Street ' CI Carlisle Cou Cumberland State PA Code 17013 L Lender Ke tone Guardianshi Services Subject Front 59 N. East Street Subject Rear Subject Street Form PICPIX.TR - "TOTAL for Windows" appraisal software by a la mode, inc. -1-800-ALAMODE Comparable Photo Page Borrower Client N/A Pro Address 59 N. East Street ' Ci Carlisle Cou Cumberland State PA rode 17013 L Lender Ke stone Guardianshi Services Comparable 155 W. Loather Street Prox to Subject 0.41 miles Sale Price 185,000 Gross Living Area 3,820 Total Rcoms 16 Total Bedrooms 8 Total Bathrooms 4 Location Supercior View Average Site .12 acre Quality Age 146 years Comparable 2 162 W. Loather Street Prox to Subject 0.42 miles Sale Price 179,900 Gross Living Area 3,2:!8 Total Rcoms 14 Total Bedrooms 5 TotalBathrcoms 4 Location SuFierior View Average Site .17 acre Quality Age 96 years Comparable 14 S. East Street Prox to Subject 0.12 miles Sale Price 14D,000 Gross Living Area 2,ft74 Total Rooms 13 Total Bedrooms 7 Total Bathrooms 3.:i Location Similar View Average Slte .10 acre Quality Age 1C6 years Farm PICPD(.CR -'TOTAL for Windows" appraisal software by a la mode, inc. -1-800-ALAMODE Comparable Photo Page Borrower Client NIA Pro a Address 59 N. East Street Ci Carlisle Coun Cumberland State PA Zi Code 17013 Lender Ke stone Guardianshi Services Comparable 4 271 W. South Street Prox to Subject 0.64 miles Sale Price 24O,DOO Grass Living Area 3,561 Total Rooms 12 Total Bedrooms 5 Total Bathrooms 3 Location Superior View Average Site .21 nacre Duality Age 108 years Comparable 5 Prox to Subject Sale Price Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location View Site Duality Age Comparable 6 Prox to Subject Sale Pdce Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location View Site Duality Age Form PICPIX.CR - "TOTAL for Windows" appraisal software by a la made, inc. -1-800-ALAMODE y. A; ~~ Y^ :. e -Y'. '~~~~,. Lf~iYiir ~. ~4 ~fd~RmQi:. -- Form 5CA - "TOTAL tar Windows" appraisal software by a la mode, inc. -1-BOO-ALAMODE CONTRACT TO LIST TO SELL 59 NORTH EAST STREErT CARLISLE, PENNSYLVANIA WITH A+REALTY SERVICES 1481 NEWVILLE ROAD CARLISLE, PA 17015 IXHIBIT ~ r~~ ~, _y COI~TSU~I~IER NOTICE - ' THLS IS NOT A CONTRACT Pennsylvania Law requires real estate brokers and salespersons (licensees) to advise consumers who are seeking to still or purchase real dendal or commercial real estate or tenants who are se~eldng to lease residential or commercial real estate where the=Iioerisee~is•work ing on'behalf of the tenant of the business ~mlationships permitted by fire Real Estate' Licking and Registration Act. This nonce. mus be provided to the consumer alt. the first contact where a substantive discussiofi abaut: real estate occurs unless an oral disclosun has been previously provided. If the oral disclosure was provided, this notice must be provided at the first~meeting or the first.time , property is shown to the consumer by the broker or salesperson. Before you d~cleRSe any information bo a lieen~ee, be advised that auless you select: an agency relationsbfip file licensee is N07 REPRESENTING YOU. A business retatlonstiip otP any,' kind wilt NOT be prestuned but must, Ile estsWished~ between tin constuner and the licensee. Any licensee who provides you with real estate services owes you the following duties: • Exercise reasonable professional skill and care which meets the practice standards required by the Act. • Deal honestly and in good faith. • Present, in a reasonably practicable period of time, all offers, counteroffers, notices, and communications to and from the parties in writing. The duty to present written offers and counteroffers may be waived if the waiver is'in writing. • Comply with Real Estate Seller Disclosure Act. • Account for escrow and deposit funds. - • Disclose all conflicts of interest in a reasonably practicable period of time. • Provide assistance with document preparation and advise the consumer regarding compliance with laws pertaining to real estate transactions. • Advise the consumer to seek expert advice on matters about the transaction that are beyond the licensee's expertise. • Keep the consumer informed about the transaction and the tasks to be completed. • Disclose financial interest in a service, such as financial, title transfer and preparation services, insurance, construction, repair o~ inspection, at the time service is recommended or the first time the licensee learn:: that the service will be used. ee~a~h v ../ following business relationships with the consumer: Seller Agency: .. . j . ~ is a relationship where the licensee, upon entering into a written agreement, works only for a seller/landlord. Seller's agents owe the additional duties of: - • • Loyalty to the seller/landlord by acting in the seller's/landlord's best interest. • Confidentiality, except that a licensee has a duty to reveal known material defects about the property. • Making •a continuous and good faith effort to find a buyer for the property, except while the property is subject to an exist ing agreement. • Disclosure to other parties in the transaction that the licensee has been engaged as a seller's agent. A seller's agent may compensate other brokers as suliagenfs if the seller/landlordl agrees in writing. Subagents have the same duties and obligations as the sellers agent. Seller's agents may also compensate buyer's agents and transaction licensees who do not have the same duties and obligations as seller's agents. If you entet"~into a written agreement, the licensees iri the;~real estate company ovve you the additional duties identifiexl above under seller agency. The exception is designated agency. See the designated agency section in this notice for more information. Buyer Agency: Buyer agency is a relationship where the licensee, upon entering into•a written .agreement, works only for the buyer/tenant. Buyer's agents owe the additional duties of: • Loyalty to the buyer/tenant by. acting in the buyer's/tenant's best interest. • Confidentiality, except that a licensee is required to disclose known material defects about the propeuty. • Making a continuous and good faith effort to find a property for the buyerltenant, except while the buyer is subject to an existing contract. • Disclosure to other parties in the transaction that the licensee has been engaged as a buyer's agent. A buyer's agent may be paid fees, which may include a percentage of the purchase price, and, even if paid by the seller/landlord, will represent the interests of the buyer/tenant. If you enter into a written agreement, the licensees in the real estate company owe you the additional duties identified above under buyer agency. The exception is designated agency. See the designated agency section in this notice for more information. Dual Agency: Dual agency is a relationship where the licensee acts as the agent for both the sell~.r/lsndlord and the buyer/tenant in the same transaction with the written consent of all parties. Dual agents owe the additional dudes of: ' • Taking no action that is adverse or detrimental to either party's interest in dxe transaction. • Unless otherwise agreed to in writing, making a continuous and good faith effort to find a buyer for the property and a property for the buyer, unless either are subject to an existing contract. • Confidentiality, except that a licensee is required to disclose known material. defects about the property. .+r.rnna.. r.nno-, rnw~mmm~. oltnnv oo~vvo . •nn led la d '~ agency, the emplo~-iag broker may, with your consent, d one or more licensees from the Heal estat oompanY to repeat You. Other licensees in the cxm ~n~yeat a~party and shall not be provided with any confi dentist information. The designated agent(s) shall have:dnNe~s~ as listed above under seller agency and buyer agency In designated agency, the employing broker will be s ddeY~.:agont~ind have the additional defies of: • 'Ibiting reasonable care to protect any confidential ittftitYnstion disclosed to the licensee. • ~8 responsibfiity to du+ect sad snpervi~e the business activities of the licensees who represent the seller and buys while taking no action that is allvet~ o~dt~iorpental~:el~pai~i'sitttenesfitY the tntnsaction. The designation may take ~lsmce at the time that. the .patties enter into a written agi~eement,• but may occur at a later time Regardless of when the designation takes place, the employing broker is responsible for ensuring that confidential informatia is sot disclosed. Zlran~cdon ~.iocesee: .. . ~.; A~transaction~licensee is a~lmoker or salesperson wile vides c~mmmunication or document preparati©a sert~ieos or perfcnra .,.ether acts•foi which+a~license is r+egttired~Wl1~O~f7T ~tlte~agent or advocate for eitfier.the seHeu~'landlattl=or the"bnye • tei~sat. 'Upon signing a written agreement or disclosure statement, a transacti+~ licensee has die additional duty crf limited oonf dentiality m that the following information may not be disclosed: ~ ~ . The s~lloiAandlat+d vK311 accept a price less thaw the askiag/listiag price. Tlie;>iuyedeenaut willpay a g~+eabei than the piiix sftbinitted~in'a wr~ten offer. • The seller/litndlord or buryer tenant will rtgree to fiaaa'etitg~ terms other fhan those offered. Other information deemed confidential by the cwnnsumer shall not be provided to the transaction liccesee. OTHER INFORMATION ABUUT REAL ESTATE TRA~TSAG'PIOINS The following are negotiable and shalt be addressed in an agreemenddisclosure statement with the licensee; • • The duistion•of the employment, listing agreement or contract. • The fees or comnnissions. • The scope of the activities or practices. • The broker's eooperntion with other brokers, including the sharing of fees. Any sales agreement must cantaia the zoning classification of a property except in cases where the property is zoned solely or primaril to permit single family dwellings. A Real Halals Recovery Fund exists to mlmburse any person'who has obtained a finat c!iv~ judgment against a Pennsylvania real esta~ licensee owing to fraud, nii~~tafion, or deceit is a teal estate tcansacHon and who' has been unable ro collect the judgment afG exhanstiag all legal anti etjiii le remedies, For complete details about the Fund, call ('717) 783-3658. ACHNOWI.EDGMLNT I acknowledge that I have received tltis disclosure, Dam: 4 ~ ~oo~ ~.~,,-,~ ~~ l~ Print (coasam Print <consmner> Addrem (opElouan Ad tgrtto~ Phone Number (optional) Phone Nwnbetr (optional) I certify that I have provided this document to the above consumer. Date: ~ ~t~ U~I Adopted LY the Smte Rertl Itskite Commisaios at 49 Pte. Code ~35.33~ A+ Realty Service 1481 Newville Road, Carlisle, Pa 17015 Office: (717) 243-0020 Administration Fee-- $295.00 A + Realty Service, administration fee covers the distribution, preparation, and processing charges for purpose of purchasing and /' or selling of Real Estate. This agreement is a legal agreement between the below named individual(s) and A + Realty Service and shall be paid at time of settlement. In the event the purchase and / or sale of the real estate fails this fee will still be owed and collectible by A + Realty Service. By individual(s) affixing their signature to this agreement they are confirming understanding, knowledge, and agreement to this transaction fee agreement. Seller: ~~,~~~ ~i~-.~i~-~aix.. .~~ Date: u Seller: ~ ~~ ~ Date: Buyer: Buyer , Date: Date: Date: ~ ~. (T + Rea. Servic gent LISTING CONTRACT EXCLUSIVE RIGHT TO SELL REAL ESTATE This form recommended and approved for, but not restricted to use by, the members of the Pemosyivania Association of REALTORS® (PAR). 1 BROKER (Company) ~- `~ z LICENSEE(S) p~ 3 SELLER "~ ~ '~ ~~- 4 Does Seller have a Listing Contract with another 5 If yes, explain: s ~ 1. PROPERTY s Address _ 9 Municipality i ~~~ LIS7l'ED PRICE $ 1 ~ ~) ~ . ~~ io County ~ ~ t t...~c.;it.Jt.~i.I ~cc~ School District 11 Zoning -e S ~ ~ L Present Use_ iz Identification (Tax ID #; Parcel #; Lot, Block; Deed Book, Page, Recording Date)_ 13 14 2. STARTING'& ENDING DATES OF LISTING CONTRACT (ALSO CALLED i°TERM'~ 15 A. No Association of REALT'ORS® has set or recommended the term of this contract. By law, the length or term of a listing c is tract may not exceed one year. Broker and Seller have discussed and agreed upcm the length or term of this Contract. 17 B. Starting Date: This Contract starts when signed by Broker and Seller, unless otlherwise stated here: ~~ 1s C. Ending Date: This Contract ends on ~ `'~' - " ~'""- " ~ 19 zo 3. DUAL AGENCY Seller agrees that Broker may also represent the buyer(s) of the .Property. The Broker is a DUAL AGENT w zi representing both Seller and the buyer in the sale of a property. .~,~p ng z2 4. DESIGNATED AGENCY / ~` f L~~" z3 ^ Not Applicable z4 ^ Applicable. Broker may designate licensees to represent the separate interests of Seller and the buyer. Licensee (identi ~ above) is the Designated Agent, who will act exclusively as the Seller Agent. if :Property is introduced to the buyer by a licet 2s in the Company who is not representing the buyer, then that licensee is authorized to work on behalf of Seller. If Licensee is 27 the Buyer's Agent, then Licensee is a DUAL AGENT. zs 5. BROKER'S FEE No Association of REALTORS® has set or recommended the Broker's Fee. Broker and Seller have negotu z9 the fee that Seller will pay Broker. Broker's Fee is ~.P % of the sales price ANI) $ p~~~J ~ ~(~ ,paid by Sel 30 6. COOPERATION WITH OTHER BROKERS 31 Licensee has explained Broker's company policies about cooperating with other brokers. Broker and Seller agree that Broker will 3z from Broker's Fee a fee to another broker who procures the buyer, is a member a Multiple Listing Service (MI.S), and who: 33 A, .~ represents Seller (SUBAGENT). Broker will pay ©Q of/from the sale price 34 B. ~ represents the buyer (BUYER'S AGENT). Broker will pay O of/from the sale pri 35 A Buyer's Agent, even if compensated by Broker for Seller, will represent the interests of the buyer.. 36 C. ^ does not represent either Seller or a buyer (TRANSACTION LICENSE.E). 37 Broker will pay of/from the sale price. 38 ~, PAYMENT OF BROKER'S FEE ~ A. Seller will pay Broker's Fee if Property, or any ownership interest in it, is sold or exchanged during the term of 4o Contract by Broker, Broker's salespersons, Seller, or by any other person or lbroker, at the listed price or any price acG 41 able to Seller. az B. Seller will pay Broker's Fee if a ready, willing, and able buyer is found by Broker or by anyone, including Seller. A willing bi a3 is one who will pay the listed price or more for the Property, or one who has submitted an offer accepted by Seller. as C. Seller will pay Broker's Fee if negotiations that'are pending at the Ending Date of this Contract result in a sale. 45 D. Seller will pay Broker's Fee for a sale th~o„~curs after the Ending Date of this Contract IF: as (1) The sale occurs within ~(~ of the Ending Date, AND a~ (2) The buyer was shown or negotiated to buy the Property during the term of this contract, AND ae (3) The Property is not listed under an "exclusive right to sell contract" with another broker at the time of the sale. 4a E. If a buyer signs an agreement of sale then refuses to buy the Property, or if a buyer is unable to buy the Property because of i so ing to do all ,the things required of the buyer in the agreement of sale (buyer default), Seller will pay Brc 51 J~® ~,~ of/from buyer's deposit monies, OR the Broker's Fee in Paragraph 5, whichever is less. 5z F. If the Property or any part of it is taken by any government for public use (Eminent Domain), Seller will pay Broker's Fee fi 53 any money paid by the government. 54 G. If a sale occurs, Broker's Fee will be paid upon delivery of the deed or other evidextce of transfer of title or interest. If the Prop. ~ is transferred by an installment contract, Broker's Fee will be paid upon the execution of the installment contract. ^ Yes ^ No XLS Page 1 of 4 ANY CHANGES TO THIS PAGE MUST BE MADE AND INITIALED ON EACH COPY 5B 8. DUTIES OF BROKER AND SELLER s7 A. Broker is acting as a Seller's Agent, as described in the Consumer Notice, to market the Property and to negotiate with poten- 5s tial buyers. Broker will use reasonable efforts to find a buyer for the Property. 59 B. Seller wilt cooperate with Broker and assist in the sale of the Property as askeci by Broker. so C. All showings, negotiations and discussions about the sale of the Property will bc: done by Broker on Seller's behalf. All writ s1 ten or oral inquiries that Seller receives or learns about regarding the Property, regardless of the source, will be referred tc sz Broker. sa D. If the Property, or any part of it, is rented, Seller will give any leases to Broker before signing this Contract. if any leases sa are oral, Seller will provide a written summary of the terms, including amount of rent, ending date, and Tenant's respon- ss sibilities. ss E. Seller will not enter into or renew any leases during the teen of this Contract vrithout first giving notice to Broker. s7 sa 9. BROKER'S SERVICE TO BUYER { ss Broker may provide services to a buyer for which Broker may accept a fee. Such .services may include, but are not limited to: 70 deed/document preparation; ordering certifications required for closing; financial services; title transfer and preparation servic- 71 es; ordering insurance, construction, repair, or inspection services. Broker wilt disclose to Seller if any fees are to be paid by 7z Buyer. 73 7a 10. BROKER NOT RESPONSIBLE FOR DAMAGES 75 Seller agrees that Broker and Broker's salespersons are not responsible for any damage to the Property or any loss or theft of pet 7s sonal goods from the Property unless such damage, loss or theft is directly caused try Broker or Broker's salespersons. n 7a 11. DEPOSIT MONEY 79 A. Broker, or any person Seller and the buyer name in the agreement of sale, will keep all deposit monies paid by or for the s0 buyer in an escrow account until the sale is completed or the agreement of sale is terminated. If held by Broker, this escrow s1 account will be held as required by real estate licensing laws and regulations. Seller agrees that the person keeping the deposit az monies may wait to deposit any encashed check that is received as deposit money until Seller has accepted an offer. ~ B. If Seller joins Broker or Licensee in a lawsuit for the return of deposit monies, Seller will pay Broker's and Licensee's attor- ~ neys' fees and costs. s5 ' 9s 12. OTHER PROPERTIES s7 Seller agrees that Broker may list other properties for sale and that Broker may sho~~v other properties to prospective buyers. 86 89 13. CONFLICT OF INTEREST , so A conflict of interest is when Broker or Licensee has a financial or personal interest where Broker or Licensee cannot put Seller's 91 interests before any other. If Broker, Licensee, or any of Broker's salespeople has a conflict of interest, Broker will notify Seller 92 in a timely manner. sa sa 14. PUBLICATION OF SALE PRICE 95 Seller is aware that the Multiple Listing Service (MLS), newspapers, and other media may publish the final sale price of the ss Property after settlement. 97 9s 15. SELLER VVII.L REVEAL DEFECTS & ENVIIZONMENTAL TiA7,ARAS 99 A. Seller (including Sellers exempt from the Real Estate Seller Disclosure Law) will disclose all known material defects and/or soo environmental hazards on a separate disclosure statement. A material defect is .a problem or condition that: 101 (1) is a possible danger to those living on the Property, or 1os (2) has a significant, adverse effect on the value of the Property. toa The fact that a structural element, system or subsystem is near, at or beyond the end of the normal useful life of such a struc- 1oa rural element, system or subsystem is not by itself a material defect. 105 B. If Seller fails to disclose known. material defects and/or environmental Hazards: 1as (1) Seller will not hold Broker or Licensee responsible in any way; 107 (2) Seller will protect Broker and Licensee from anyclaims, lawsuits, and actions that result; 10e (3) Seller will pay all of Broker's and Licensee's costs that result. This includes attorneys' fees and court-ordered payments 10s or settlements (money Broker or Licensee pays to end a lawsuit or claim). ANY CHANGES TO TffiS PAGE MUST BE MADE AND INITIALED ON EACH COPY 110 16. IF PROPERTY WAS BUILT BEFORE 1978 1 ~ 1 The :Residential Lead-Based Paint Hazazd Reduction Act says that any seller of property built before 1 A78 must give the bu 112 an EPA pamphlet titled Protect Your Family.From Lead in Your Home. The aelller also must tell the buyer and the broker w 113 the seller lmows about lead-based paint and lead-based paint hazards that ire ui or on the property being sold. Seller must 11a the buyer how the seller knows that lead-based paint and lead-based paint hazards are on the property, where the lead-based pF 115 and lead-based paint hazards are, the condition.of the painted surfaces, and any ether information seller knows about lead-ba 11s paint and lead-based paint hazards on the property. Any seller of a pre-1978 stricture must also give the buyer any records z 117 reports that the seller has or can get about lead-based paint or lead-based paint hazards in or around the property being sold, Zia common areas, or other dwellings in multi-family housing. According to the Act, a seller must give a buyer 10 days (unless s~ 11s er and the buyer agree to a different period of time) from the time an agreement of sale is signed to have a `disk assessment' 12o inspection for possible lead-based paint hazards done on the property. Buyers :may choose not to-have the risk assessment 121 inspection for lead paint hazazds done. If the buyer chooses not to have the assessment or inspection, the buyer must inform 1z2 seller in writing of the choice. The Act does not require the seller to inspect for lead paint hazards or to correct lead paint h 123 ands on the properly. The Act does not apply to housing built in 1978 or later. 124 125 17. RECOVERY FUND 12s Pennsylvania has a Real Estate Recovery Fund (the Fund) to repay any person H+ho has received a final court ruling (civil jw 127 meat) against a Pennsylvania real estate licensee because of fiend, misrepresentation, or deceit in a real estate transaction. 7 12s Fund repays persons who have not been able to collect the judgment after trying; all lawful ways to do so. For complete der 1zs about the Fund, call (717) 783-3658, or (800) 822-2113 (within Pennsylvania) and (717) 783-4854 (outside Pennsylvania). 130 131 18. NOTICE TO PERSONS OFFERING TO SELL OR RENT HOUSING IN PENNSYLVANIA 132 Federal and state laws make it illegal for a seller, a broker, or anyone to use RACE, COLOR, RELIGION or RELIGIO~ 133 CREED, SEX, DISABILITY (physical or mental), ~AMII,IAL STATUS (children under 18 years of age), AGE (40 or olds 13a NATIONAL ORIGIN, USE OR HANDLING/TRAIIJING OF SUPPORT OR GUIDE ANIlv1ALS, or the FACT OF REL 13s TIONSHIl' OR ASSOCIATION TO AN INDIVIDUAL KNOWN TO HAVE A.. DISABILITY as reasons. for refusing to s 13s show, or rent properties, loan money, or set deposit amounts, or as reasons for any decision relating to the sale of property. 137 1ss 19. ADDITIONAL OFFERS 139 Unless prohibited by Seller, if Broker is asked by a buyer or cooperating broker about the existence of other offers on 14a Property, Broker will reveal the existence of other offers and whether they were obtained by the Licensee identified in t 141 Contract, by another Licensee working with Broker, or by a cooperating Broker. ONCE SELLER ENTERS INTO ~ 142 AGREEMENT OF SALE, BROKER IS NOT REQUIRED TO PRESENT OILIER OFFERS. 143 144 20. TRANSFER OF TffiS CONTRACT 145 A. Broker will notify Seller immediately in writing if Broker transfers this Contract to another broker when: 14s (1) Broker stops doing business, OR 147 (2) Broker forms a new real estate business, OR 14s (3) Broker joins his business with another. 14s Seller agrees that Broker may transfer this Contract to another broker.. Broker will notify Seller immediately in writing wl t5o a transfer occurs or Broker will lose the right to transfer this Contract. Seller will follow all requirements of this Contr 151 with the new broker. 152 B. Should Seller give, or transfer the Property, or an ownership interest in it, to anyone during the term of this Contract, all ov 153 ers will follow the requirements of this Contract. 154 155 21. NO OTHER CONTRACTS 15s Seller will not enter into another listing contract with another broker that begins lbefore the Ending Date of this Contract. 157 1ss 22. ENTIRE CONTRACT 159 This Contract is the entire agreement between Broker and Seller Any verbal or written agreements that were made before ; 1so not a part of this Contract. 1s1 1s2 23. CHANGES TO THIS CONTRACT ts3 All changes to this Contract must be in writing and signed by Broker and Seller. 1s4 1s5 24. SPECIAL INSTRUCTIONS tss The Office of the Attorney General has not pre-approved any special conditions or additional terms added by any parties. Any sl 167 cial conditions or additional terms in this Contract must comply with the Pennsylvania Plain Language Consumer Contract Ac 1sa tss 170 171 17z 173 Ira 175 i76 177 178 tts i80 181 182 183 1aa 185 186 187 tae 189 190 i91 192 193 194 195 196 197 198 199 200 201 zoz 203 204 205 206 207 208 209 210 211 25. MARKETING OF PROPERTY A.. ere permitted, Broker, at Broker's option, may use: or sale sign C'lf'Sold sign ^ Key in office Dock box '1Print /electronic advertising, including photographs petty address in print/electronic advertising. B. Broker '~ will /^ will not use a Multiple Listing Service (MLS) to advertise the Property to other real estate brokers salespersons. Seller agrees that Broker, Licensee, and the MLS ace not responsible for mistakes in the MLS and/or advertising of the Property. 26. PTEMS INCLUDED/NOT INCLUDED IN THE PRICE OF THE PROPERTY A. INCLUDED in the sale are all existing: items permanently installed in the Property, free of liens, including plumbing; heat lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door opei and transmitters; television antennas; unpoi#ed shrubbery, plantings, and trees; ,any remaining heating and cooking fuels stc on the Property at the time of settlement; sump pumps; storage sheds; mailboxes; wall to wall carpeting; existing window scree storm windows and screen/storm doors; window covering hardware, shades and blinds; built-in air conditioners; built-in ap ances; and the range%ven, unless otherwise stated. Also included: B. LEASED. items (not owned by seller): C. EXCLUDED fixtures and items: ADDITIONAL INFORMATION (OPTIONAL) TITLE & POSSESSION A. Seller will give possession of Property to a b er at settl , or'on B. At settlement, Seller will give full rights of ownership (fee simple) to a buyer ea;cept as follows: (1) .Mineral Rights Agreements: (2) Other: C. Seller has: ^ Mortgage with: Amount of balance $ Address• Phone• Acct. #: ^ Equity Loan with: Amount of balance $ Address: Phone• Acct. #• ^ Seller authorizes Broker to receive mortgage payoffand/or equity loan payoff information from lender(s). D. Seller has: ^ Judgments ^ Municipal Assessment ^ Past Due Taxes ^ Other: $ $ $ $ E. If Seller, at any time on or since January 1,1998, has been obligated to pay support under an order on record in any Pennsylvae county, list the county and the Domestic Relations Number or Docket Number: TAXES, UTILITIES, & ASSOCIATION FEES A. At settlement, Seller will pay one-half of the total Real Estate Transfer Taxes, unless otherwise stated here: B. Real Estate Property Tax Assessment $ Wage/Income Tax $ C. Estimated Utilities (trash, water, sewer, electric, gas, oil, etc.): Yearly Taxes $ _ Per Capiita Tax $ D. Association Fees $ Include: BR FINANCING Seller will accept the following arrangements for buyer to pay for the Property: Cash Conventional mortgage ^ FHA morl:gage ^ Seller's help to buyer (if any): 212 Seller has read the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336. z13 Seller gives permission for Broker to send information about this transaction to the fas number(s) and/or e-mail address(es) listed bel 214 Seller has read the entire Contract before signing. All Sellers must sign this Contrac~r. z1s Return by facsimile (FAX) constitutes acceptance of this Contract. zt s NOTICE BEFORE SIGNING: IF SELLER HAS LEGAL QUESTIONS, SELLER IS AD1,~LSED TO CONSULT AN ATTORNEY. 217 SELLER'S MAILING ADDRESS: z1s zts PHONE: 2zo SELLER ^ VA mortgage FAX: E-MAII.,: ~~ ~~-' DATE -~ 2z1 SELLERT . ^ _ _ ~'1~- ~ .. _ n ._1... Co., . ~ DATA ~" l'1 „ ~ ~ .. , n I Protect yourself from unexpected repair costs on fihese key items. • ~ 13 SEER Coverage Included Buyer.. / Seller / Heatin S stem / / Heat Pum / / Air Conditionin /Cooler / / Ductwork '/: / Plumbin S stem "l/ / Built-in Whirl ool Motor &Pum ar / Sum Pum d : " / Water Heater ~ : '. / Electrical S stem ' ,' / ~' ': / Exhaust Fan : / / Built-in Microwave Oven ~,/:. / Dishwasher /: / Garbs a Dis osal ` . / / Ran e/Oven/Cookto v! / Trash Com actor / _ / A/C Freon Recapture ~ / .' / Stoppages / / Water Heater Sediment / / Removal of Existin Unit / / f~ermits / / • • • • • ~ Kitchen Refrigerator Buyer;anti::Seller $40 Washer/Dryer $80' ' . . Well Pum $85%~ Swimming Pool/Built-in S a E ui ment ' $.~,Gp , • •~ • Bu er $4~5' . Buyer & Seller $qg5: Condo/Townhome Bu er $3g~ Condo/Townhome Buyer & Seller ~ .$445: New Construction (covers 3 years) $~05. Trade Service Call Fee" $5'5': istm~ia or~~eht.bilNCi n~1N~wirrr piscover 'the advantage. of extended proteotiom on your nevvfy constructed homes covered 'major r;ystema ~lh'd~pplianpea The AHS Select Homa V1/arranty Plan."; for new oonatRtChongffera•~:;fill dlcea~years of protection attar one yearof.~the manufacturer's warranty: RElltIIbVAL~OF -aws~~s ,. ,.. lvlahy dome warranties will: repair the'systems'arid appliances, but leave :.:you iesponsible,far~the-removal of the_tonfunotioning system The AHS Select Hume Warrarfy I'lan'°`takea care of dhat :for you.:'. ta~RNrtirs A necessary .aspebt of many repairs or replacements dare the 1oca1 permits. These pri~tect your family andttheir wellbeing ~1ere is •~ coat with this benefit -,acost that'AHS is'coyenng witti:the AFS'Sefect~Flome . Watranly Pfttrr~. FREON REGAB'11/RE There are:gtany eiivirorimental cwncems with home ~ep~ir;:and'freori. is ;just one: rMost. horrq warranties tlo riot .provide coverage for 'freon recepture.;:but v/ith tfie-i4MSSelect Home: Wairartty Plan it's covered. 'Plus applicable safes tax. ""A trade service cell fee applies to the initial visit by a technician for each covered trade. Please tread contract for specific coverages, exclueiona and limitatio TO REQUEST SERVICE - Visit www.AHSservice.com or call 1-800-776-4663 When a covered item breaks down due to normal wear and tear, contact American Home Shield. AHS will contact an authorized service contractor who will calf you during normal business hours to schedule a comrenient time to diagnose the problem. Ploase do not call a contractor yourstlf. AHS will not relmberrse for work parMnnad wllhout Its prior approval. A AMERICAN ~ HOME SHIELD' The rrrgM drolce in home warranties To loam more about a apedal offer from AHS, ava0abte ony to home buyers vrorking with REALTORS, please ra111~966~BY7-7253 or vWt wwwahsamrrangrmm/nar Through the REALTOR 8enefifss' Program the NATIONAL ASSOCIATION OF REALTORS' has Joined wNh more than 80 strategic partners to provide the National Association's 1,000,0(]4 members the benefits of group buying power, Bnendal planning tools and means for expending their professional knowledge. The REALTOR BenefHs°1 partners, including American Home Shield, are leaders in their industries and committed to providing NAR members with spacial offerings tailored to their needs. Please note that the home warranty contracts are offered by American Home Shield and NAR is not an agentpf or for American Home Shield in the sale of these contracts. For customer assistance, please confect 1-866.627-72b8. conrrRaclr # f this will be provided when AHS n~ceives your applk~tion) A AMERICAN ^ HOME SHIED The right choice in home warranties.°" Prices below are for single family dwellings under 5,000 sq. ft. Call to obtain a quote on alternative dwelling types. ^ Buyer Coverage ................................ .$425 ^ Buyer & Seller Coverage ,,,,,,, , , , , , , , . , , , , $485 ^ Condominium/7'ownhome Buyer Coverage ... . . . . . . ....... . .$385 ^ Condominiumlrownhome Buyer & Seller Coverage ...........$4.45 ^ New Construction Coverage` ............................$605 $55 Trade service call fee per repair visit or actual cost of service, whichever is less. Additional charges may apply to certain repairs and replacements. *One time contract fee for a 3-year coverage period. Please call t-800-735-4663 {or the one time optional coverage fees for the 8-year coverage period. Optional Cotrerege Available to Home Buyer and Seller ^ Kitchen Refrigerator .......................... ,$4,0* ^ Washer/Dryer .............................. ........ $80* ^ Well Pump ........ ...................$85* ^ Swimming Pool or Built-in Spa Equipment ......... ..$160 ^ Swimming Pool w/ Built-in Spa Equipment ................ .$160 ^ Additional Swimming Pool or Built-in Spa Equipment ..........$160 gall for New Construction Options i-800-735-4663. *Plus applicable sales tax. I desire: ^ The AHS Select Nome Warranty Plan® (selected above) ^ Optional Coverage Total (selected above) $ ^ Savings if you purchase an AmeriSpec® $ Inspection (not available on new construction - 25 and condo/townhome home warranties). For more information call 1-800-426-2270. Contract Total AmeriSpec Inspector's Phone # decline the benefits of this coverage. I agree not to hold the real estate company, brokerand/or agents liable for the repair or replacement of a system or appliance that would otherw have been coverF,d E„/~is wanartt'yjp~lan~. - ~QJ~,•~~' v Signet e:/ ~ r• pate, ~ ~ Q 4 Please read contract for specific coverages, exclusions and limitations. • ~ PROP.TE~RDTY ADDj'R~E~~iSLT~O~BE~CO_VE Wease check appropriate box for initiating agent. SELLER INFORMA'110N SELLER NAME:_~~tA-Yl ~. ~ eQ.,~ l~ PHONE NUMBER: ~ - ) E-MAIL: MAILING ADDRESS CITY: STATE• ZIP• REAL ESTATE COMPANY: AGENT NAME: EMAIL: PHONE NUMBER: ( ) LISTING EXP. DATE: ^ BUYER INFORMATION BUYER NAME: PHONE NUMBER: ) E-MAIL• MAILING ADDRESS: CITY STATE: ZIP: REAL ESTATE COMPAINY: AGENT NAME: EMAIL: PHONE NUMBER: ( ) CLOSING COMPANII' INFORMATION CLOSING COMPANY NAME: PHONE NUMBER: ( ) FAX; ( ) ESTIMATED CLOSING IRATE: CLOSING NO.: CLOSING REP NAME:_ E-MAIL: AMERICAN HOME SHIELDm~ ®2006 American Homie Shield Corporation and its licensed subsidiaries. Ail rights reserved. Form No. '155100 PASLTAX/425 09/06 The total wanarrty plan fee (induding basic coverage and any optional gage items selected) is due and payatJe to AHS and is to be paid at dosing. The warranty plan fee may indude a aervrtre fee payable to the above named real estate company for administrative and other aervicx~s performed in the placement of the plan, rnduding promoting, selling protxeaeing, and advertising the plan. The service fee is a good faiiF estimate of the value of the above named real estate c:ompany's rervkx~e and expense in providing such services In the placement of the plan. When a covered item breaks down due to nomral wear and tear, contact American Home Shield. AHS will contact an authorized service contractor who vnll call you during normal business hours to sch8dule a convenient time to dutgnose the problem. Please do not caB a owt<ractor yourself AH8 v11Y1 not rolmbtafe for rlrork Parlormed wllholtt iIa prior appnptraL A + Realty Service 1481 Newville Road Carlisle, PA 17015 Phone: 717-243-0020 AHS ~ HOME WARRANTY PROTECTION PLAN WAIVER Property Address: '~ 1 ~ ~~5~- ~~- . ~;Y2~~~~ ~l,'~ P'~. ~'"~C~l'~ I / We hereby acknowledge that the Selling Broker has informed me / us of the cost and benefits of having, the mechanical /electrical /plumbing components of the abcrve premises warranted for one (1) year from date of purchase. ~/ We hereby decline such coverage and agree to hold harmless the Listing and Selling Real Estate Brokers and their agents in the event of subsequent mechanical defects, malfunctions or failures which would otherwise have been covered. `~ Signature! Signature:. Date: Q"~ The selling Broker informs the Buyer(s) of the advisability of, and thieir right to order inspections on this property for wood infestation, plumbing, onsite sewage systems, heading, electrical, structural, roof and any others even though inspection may not be required by the lender; and that the Selling Broker or any of his /her agents canrnot be held liable for any defects that would have been detected or warranted by such inspection. Signature:~y% /(. ~~~ te: ~- y - -~-. 1 Signature: Date: zaa (1} Are you aware of testing on the property for any other hazardous substances or environmental concerns ? Yes No 245 (m) Are ybu aware of of any other hazardous substances or environmental concerns that might impact upon the property? gas Yes No z47Explain any "yes" answers in this section: zas ' 249 250 z5~ 18. CONDONIINIUMS AND OTHER HOMEOWNER ASSOCIATIONS (Complete only if applicable) 252 Type: Condominium Cooperative Homeowner Association or Planned Community 253 Other: z5a Notice regarding Condominiums, Cooperatives, and Planned Communities: A buyer of a resale unit in a condominium, coopera• z55 live, or planned community must receive a copy of the declaration (other than the plats and plans), the by-laws, the rules or regula• zss lions, and a certificate of resale issued by the association in the condominium, cooperative, or planned com• z57 munity. Buyers may be responsible for capital contributions, initiation fees or similar one-time fees in addition to regular monthly zss maintenance fees. The buyer will have the option of canceling the agreement with the return of all deposit monies until the certiftcatE zss has been provided to the buyer and for five days thereafter or until conveyance, whichever occurs first. zso 19. MISCELLANEOUS zsi (a) Are you aware of any historic preservation restriction or ordinance or archeological designation associated with the property`. 2sz Yes No zs3 (b) Are you aware of any existing or threatened legal action affecting the property? _ Yes No zsa (c) Are you aware of any violations of federal, state, or local laws or regulations relating to this property? Yes No zss (d) Are you aware of. any public improvement, condominium or homeowner association assessments against the property that remait zss unpaid or of any violations of zoning, housing, building, safety or fire ordinances that remain uncorrected? Yes Nc zs7 (e) Are you aware of any judgment, encumbrance, lien (for example, co-maker or equity loan), overdue payment on a support obli• zss gallon, or other debt against this properly that cannot be satisfied by the proceeds of this sale? Yes No zss (f) Are you aware of any reason, including a defect in title, that would prevent you from living a warranty deed or conveying title to the 27o property? Yes No 271 (g) Are you aware of any insurance claims filed relating to the property? Yes _ No z7z (h) Are you aware of any material defects to the property, dwelling, or fixtures which <ire not disclosed elsewhere on this form? z73 Yes No 274 A material defect is a problem with a residential real property or any portion of it that would have a significant adverse impact o2 275 the value of the property or that involves an unreasonable risk to people on the property. The fact that a structural element, sys z7s tem or subsystem is at or beyond the end of the normal useful life of such a structural element, system or subsystem is not by z77 itself a material defect,. 27s Explain any "yes" answers in this section: z7s zaaThe undersigned Seller represents that the information set forth in this disclosure statement is accurate and complete to the bes 2s1 of Seller's knowledge. Seller hereby authorizes the Listing Broker to provide this information to prospective buyers of the prog zaz erty and to other real estate licensees. SELLER ALONE IS RESPONSIBLE FOR THE ACCURACY OF THE INFORMATIOP 2s3 CONTAINED IN THIS STATEMENT. Seller shall cause Buyer to be notified in writing of any information supplied on this fore zeawhich is rendered inaccurate by a change in the condition of the property following completion of this form. za5 WITNESS SELLER DATE zss WITNESS SELLER DATE 2a7 WITNESS SELLER DATE 268 289 zso 291 2sz 293 294 295 zss 297 298 299 300 EXECUTOR, ADMINISTRATOR, TRUSTEE SIGNATURE BLOCK According to the provisions of the Real Estate Seller Disclosure Law, the undersigned executor, administrator or trustee is not required to fill out a Seller's Property Disclosure Statement. a executor, administrator or trustee, must, however, disFlose any known mate- rial defect{s) of the prope ~j.~ ~ ~ / ! t~ ~%`/ /-it 1//I ~ / ~~`.Q'yQ-a'~~` DATE /Z~~y~~ RECEIPT AND ACKNOWLEDGEMENT BY BI7YER The undersigned Buyer acknowledges receipt of this Disclosure Statement. Buyer acknowledges that this Statement is not a warranty and that, unless stated otherwise in the sales contract, Buyer is purchasing this property in its present condition. It is Buyer's responsibility to satisfy himself or herself as to the condition of the property. Buyer may request that the property be inspected, at Buyer's expense and by qualified professionals, to determine the condition of the structure or its components. WITNESS BUYER DATE WITNESS BUYER DATE •xrrTlUTi CC Rrrv~n tte'f'li'. ~.~" Realty Service Estimated Closing Cost Property Address: 'J °I 1~ C~~~- ~. ~~ ~ ~~ '~~- \~ ~3 Settlement Date• Purchase Price: ~`1~~~UO. ~ ~o~o Charges ~ 1. Broker's Fee ----------------------------- --.---_----__$ ~~ t ~~ 2. Freparation of Deed --------------------------~.._______$ ~ 00 , f) 0 3. Transfer Tax_-----___--____Y.~ ~ --------__________$ ~~ 3~ , ~ v 4. Seller's Assist to Buyer's --------------------- ~~ ______$ 5. Home Warranty----------------------------------~~ =--------$ 6. Municipal Certification-----____.._____________~!~ ______$ 7. Settlement Fee to A+ Realty Service -------~---- --$ 2 l'S a 8. Survey--------~-----------____--._______ ~; ..._.___$ 9. Notary Fees-----------------------------------------~-----------$ ~~ .~ ~ . 10. Tax Certification------------------------~---.-..-~-----_$ I l .Over Night/Express Mail Charges -------------~-----------$ 12.Domestic Lien Search-------------------------~.__.~______$ 13.Other-----------------------------_-------------_--~____~~__$ Total-----$ Purchase Price------.-----------------------------------------------$ Charges--------- ------------ ------------- ~~~__~$ SeIler's Estimate of Mortgages, Equity, and Other C1J Estimated Proceeds to The estimated proceeds do not take into consideration any other mortgages, liens assessments, or obligation which may be against the property of the Seller. The above figures are approximated closing cost and will be adjusted as of date of final settlement, if necessary. UWE understand and base received a copy of this estimated closing cost. /~, ' ' ~ ~ Z ~ v~ SELLER SIGNATURES ~~', r~ (J•~, ~~ ~ DATE ~ SELLER SIGNATURE DATE SELLER SIGNATURE DATE SELLER SIGNATURE DATE Broker (A+ Realty Service) Accepted By Date~~~- o ~