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HomeMy WebLinkAbout09-354201*^ COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM vflitl'o DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. O q_ 3s 5f:2 Cz:, 4 Tom,. NOTICE OF APPEAL Notice is given th t the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in th case referenced below. NAME OF.A//PPELLANT MAG. DIST. NO. 3 0 NAME OF D.J. V;vi ADORFRS (N. nook, , ..IT . ` CITY STATE ZIP CODE A UGn We II IA /'A 170 / DAT OF;11AENT? ?? J / IN THE CASE OF (Plaintif) (DatMdAM)• / J / - &4er Q DOCKET No. C V- 600003J-- 0 q SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1( B. This Notice of Ap I, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUP DEAS a ju ent for ession in this case. (20) days after filing the NOTICE of APPEAL. SVnetm of Prothonotaryor Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fo to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, deta from copy of notice of appeal to be served upon appellee. PRAECIPE: To P )thonotary Enter rule upon Q t appellee(s), to file a complaint in this appeal Name !lee(s) (Common Pleas N ©9. 3 SS?aL Io) within twenty (20) days after service of rule or suffer entry of judgment of non pros. of appellant or affomey or agent RULE: To JQ n L , appellees) Name of appellees) -zT (1) You are n tifed that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon yo by personal service or by certified or registered mail. (2) If you do of file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date f service of this rule if service was by mail is the date of the mailing. 1 Date: Q $ 2007 g?re o--'rPruM -O ury YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT' I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of affiant Signature of official before whom affidavit was made Title of official My commission expires on 20 O ? 70 y ?j•- 00' ? e ?... ._! . K J Y` ` r= -0 -T .a o .c- rn s- 09-3-02 MDJ Nerve: Hon. VIVIAX C138IC= MEWILL31, PA ?ZIMU? ' KT Mt III, a7011>t L 3140 itlTlif>?t RXGKMY BaMWA, PA 17241 L VS. DEFENDANT: NAIVE OW AWREW r?Dm, P!'rSit 9 RAPII&W NAY CAttLIBLZ, PA 17013 J P TS>0[ L_ J 9 RAPMM Why Docket No.: CV-0000035-09 C3sL= , PA 17013 Date Filed: 4/21/09 THIS IS TO NOTIFY YOU THAT: Ju ent: D>!!'L? _pL'!! {pate of Judgment) ??_-- © Judgment was entered for. (Name) III, ,0111111111111 L © JL in F]Di D. ? Tt ? A ? Pc Amount of Judgment $ 1,353.00 Judgment Costs $_`302.35 Interest on Judgment $ --fib Attorney Fees $ .00 Total $ 1,453.50 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY P MMI<S THE R101l11 TO APPEAL WITHIN 30 DAYS AFTER TIE ENTRY OF JUDQIENT BY FILING A NOTICE OF APPEAL WITH TIE PROINONOTARYICLERU OF TIE COURT OF COMM PLEAS, CIVIL DIVISION. YOU MUST A COPY OF TH S NOTICE OF JUDGINWITRANOCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT OT E PROVIDED N THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DIS I NCI JUDGES, F THE JUOGMENT ELECTS TO ENTER THE JUDGMENT IN TIE FOURT OF COMMON PLEAS, ALL FURTHER PROCESS RUST COTE FAC THE COURT OF COMM PLEAS AND NO FUR'TIM PROCESS MAY BE ISSUED BY THE MAGISTERIAL DIBTRIC I JUDGE. RIMLESS JUDGMENT IS ENTERED N THE COURT OF COMION PLEAS, ANYONE NTERETED N TIE JUDGMENT MAY FILE A REGUEBT FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL MTRICT JUDGE IF THE JLW I &T DEBTOR PAYS N FULL, SETTLES. OTHERWISE COMELES WITH THE JUDGMENT. I certify (717) '176-3197 17241 lent was entered against (Name) ??• PZTZR amount: of $ 1, 455.5 are jointly and severally liable. will be assessed on Date & Time case dismissed without prejudice. of Judgment Subject to Attachment42 Pa.C.S. § 8127 Judgment for physical damages arising out of lease $ Date !? ./???nat2 this is a true and correct copy of Date My commission expires first Monday of January, 2012. AOPC 315- 7 Magisterial District Ju record of the proceedings containing the judgment. , Magisterial District Judge SEAL DATZ PRXWI : 5/12/09 11:33 s 00 AN mr-ii IFIED MAIL,,., RE CEIPT .. Only; Provided) o deliver For information C3 y ? t_ FjF-0, iLE,F ! N Q• Postage $ µ certified Fee 7 if J': r')h Y C3 O t Return Recebt Fee (Endorsement Re ulred) ? 1 • '?l- re* o D 0 RealdctedDelhrery Fee (Endorsement Required) ?;: ,-•„ * -+ • :+: i;jy _ C3 ?Sp$ M Total Postage & Fees ; $ $ •. , a 4 I- -`. - a o SW Too -10 ..,;h_..n.. ._ ............... ° • ' or Po &Xb- I Mn 'y I n er R g . h w r` `7 A ,3q-V2 CIO"-" .. . -. , tti ° ?3,•? . n- ; Postage r? Certified Fee - Park C3 O Return Receipt Fee (Endorsement Required) ,,,,Her ? ? O Restricted Delivery Fee y=l ` O (Endorsement Required) C3 M Total Postage & Fees $ C3 Sent To - '? ------ Y--'-v,"=C^-- -?Q ?' - ----------- p 11716- Street pt. No.; or -- PO Box N-- -5 °AA-- - - 11 city, 3 7-uYi i S te, ZIP+4? P)j 0 1 YI 11)1- -4 P1, Fomi ., PROOF OF SERVICE OF NO17CE OF APPEAL ANID RULE TO FILE CO PLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER thing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF L1ffl?i.pli?n[J' , ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas e9 11114 ", upon the District Justice designated therein on (date of service) , 20 pq , ? by personal service 21 by (certified) (registered) mail, on sender's receipt attach hereto, and upon the appbllee, (name) JO 200 ? by persorW service by (certified is ed) mail, sender's receipt attached hereto. (SWORN)AFFIRMED) AN UBSCRIBED BE G? 20 F M E THIS, RAY OF Signature of a>iianf o whom of tda * was made Tice oftfltActal ``'"" CIlA114D My ifarnmis'", expione tglM Nib 16, 2010 ,kI , ? 1.?vno q- 0 * h Rd Z- Nor 603Z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA John L. Hergenroeder III Plaintiff VS. Peter Them Defendant : No. Uq - -15- `/ a : Civil Action NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT, WITHOUT FURTHER NOTICE, FOR ANY MONEY CLAIMED IN THE COMPLAINT OR ANY OTHER CLAIM FOR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carus* Pennsylvania (717) 249-3166 John a er III IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA G?q3 5°? °Z John L. Hergenroeder III :No. Plaintiff : Civil Action VS. Peter Them Defendant COMPLAINT Now comes the Plaintif'f', John L. Hergenroeder III, and sets forth the following: 1. Plaintiff is John L. Hergenroeder III, an adult individual, who resides at 3140 Ritner Highway, Newville, Penn Township, Cumberland County, Pennsylvania. 2. Defendant is Peter Them, an adult individual, who resides at 9 Rapuano Way, Carlisle, Cumberland County, Pennsylvania. 3. On or about June 4, 2007, Plaintiff purchased the residence at 3140 Ritner Highway, Newville, Penn Township, Cumberland County, Pennsylvania from the Defendant. 4. Defendant was the builder of said residence. 5. Over an approximately eighteen-month period, Plaintiff noticed excessive cold in winter and excessive heat and humidity in summer throughout the foyer of the home. 6. On or about December 18, 2008, Plaintiff hired SECCO Home Services, an authorized contractor for the public utility company PPL Electric, to perform a Home Energy Audit to determine if any leaks could be found. 7. On or about February 19, 2009, SECCO Home Services returned to the residence with a complete analysis and results of the Home Energy Audit. 8. Thermal imaging from the Home Energy Audit showed that there was a massive leak above the front door to the home. 9. On or about February 19, 2009, Plaintiff hired SECCO Home Services to remove hardwood flooring and sub-floor on the landing above the front door. 10. Upon removal of the hardwood floor and sub-floor, it was discovered that the Defendant had not installed an insulation barrier in the foyer above the front door to protect the home from the outside elements. 11. Plaintiff paid SECCO Home Services $1,353.00 to complete the above work and repair the area by installing a proper insulation barrier to the home. 12. Plaintiff heats and cools the residence with an electric heat pump system and the total paid electric utility bills for the approximate twenty-month period from June 4, 2007 to February 19, 2009 were $5,059.21. According to PPL Electric Utility, the average home of similar size and use would use $4,750 in a twenty-month period indicating that the Plaintiff may have been overpaying the utility bills to compensate for the absence of insulation in the foyer. 13. On or about April 6, 2009, Plaintiff contacted Paul Sebastian, the authorized home construction inspector for Penn Township for the residence at 3140 Ritner Highway, to determine if the Defendant was required to install an insulation barrier above the front door during the original construction. 14. Mr. Sebastian said that the Defendant was required to install an insulation barrier above the front door prior to sale of the residence to the Plaintiff. WHEREFORE, Plaintiff requests judgment against the Defendant in the amount of $1,353.00 plus court fees already incurred at the District Court ($102.00) together with costs and other relief as the Court deems appropriate. ?- -'. 'Z ?-5; Jo roeder III VERIFICATION I, John L. Hergenroeder III, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S Section 4904 relating to unworn falsification to authorities. Date: J,916'n C. nroeder III BLED--Ot -ICE OF THE PRM,!("NOTARY 2909 JUN -4 Pik !: 04 f'E 4'YLVAMA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN L. HERGENROEDER III Plaintiff, VS. No. 09.3542 Civil Action PETER THEM Defendant. Preliminary Objection PRELIMINARY OBJECTION Defendant, Peter Them, files the following preliminary objection asserting lack of conformity to law or rule of court: 1. The suit was brought against Defendant, Peter Them, alleging defects for a home that Peter Them built. 2. Under Pennsylvania law the complaint must properly name the defendant. Individual shareholders have limited liability and are not normally liable for corporate debts or obligations, unless there are facts present to pierce the corporate veil. See Daniel Adams Assoc., Inc., v. Rimbach Publ'g, Inc., 519 A.2d 997, 1000-01 (Pa. Super. 1987); Lokay v. Lehigh Valley Coop. Farmers, Inc., 492 A.2d 405, 408 (Pa. Super. 1985). If the defendant is not an individual, the complaint must name the proper business entity. 3. Peter Them is the sole shareholder of Peter Them Builders, Inc., which is incorporated in the Commonwealth of Pennsylvania (Exhibit A). 4. Peter Them Builders, Inc. built Plaintiff's home and should be the proper defendant named in the complaint. 5. The building permit for the house at 3140 Ritner Highway, Newville, PA was issued to Peter Them Builders, Inc. (Exhibit B). 6. The sales contract for the sale of 3140 Ritner Highway, Newville, PA was between Plaintiff and Peter Them Builders, Inc. (Exhibit C). 7. The settlement statement for the sale of 3140 Ritner Highway, Newville, PA was between Plaintiff and Peter Them Builders, Inc. (Exhibit D). 8. Plaintiff knew that Peter Them Builders, Inc. built the house, and thus, named the wrong defendant in its complaint. 9. There are no facts alleged on the face of the complaint to indicate that the corporate veil should be pierced. This means that the proper defendant is not named, and should be Peter Them Builders, Inc. instead of Peter Them. 10. Defendant asks for costs for filing the appeal to remove the improper judgment in his name WHEREFORE, Defendant requests that his Preliminary Objection asserting Lack of Conformity to Law or Rule of Court be sustained, Plaintiffs Complaint be ,asoo, and the judgment in the Magisterial District Court be vacated. Peter Them VERIFICATION I, Peter Them, verify that the statements made in this Preliminary Objection are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: C? Peter Them IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN L. HERGENROEDER III No. 09.3542 Plaintiff, VS. Civil Action PETER THEM Defendant. ORDER AND NOW, this of, 2009, upon consideration of Defendant's Preliminary Objection, it is hereby ORDERED and DECREED that Plaintiffs Complaint is dismissed and the Judgment of the Magisterial District Justice is vacated. ?x?b`\ )film Number 9466~ 409 r Number / ?D Professional (15 Pa. C.S. § 2903) DOMI:16.130t O&V OR I ate type of domestic corporation (check one): I _ Busirte stock (15 Pa. C.S. § 1305) I_g i ?c(16Pa.C.S.§2102) _ Susiness.stattuory Gaee (15 Pa. C.S. § 2304a is applicable) Management (15 Pa. C.S. .§ 2701) Filed *?? the ep ant of Stat on OCT Z GM Secretary of the Comer MM831M J Cooperatiive (15 Pa. C.S. § 7701) she name of the corporation Is, PETER THEM BUILDERS INC. This corporation is Incorporated under the provisions of the Business Corporation Law of 1988. The (a) address of this corporation's inklal registered office In this Commonwealth or (b) commercial registered office provider and the county of venue is: A20 Fa r ARTICLES of INCORPORAMON Ca =1 vania lan l Name of Commercial Registered Office Provider county For a corporation represented by a commercial registered ofitice provider, the courtly In (b) shat{ be deemed the county in which the corporation is located for venue and CMCW publication Purposes. The aggregate number of shares authorized Is: 2.500 Sh @ $ 100 Par (other provisions, it any, attach a w x 11 sheet) The name and address, including street and number, if any, of each incorporator Is, Name A Si re Date l;cP?+ W Peter P. Them 8-20--f 10-01-S -CarlIsle, PA 171313 The specified effective date, if any, is: October 1, 1994 month day year hour, it any Any additional provisions of the articles, I any, attach an a 1/2 x 11 sheet. Statutory dose corporation only: Neither the corporation nor any shareholder shall make an offering of any of its share: of any class that would constitute a 'Public Offettktg within the meaning of the Securities Act of 1933 (I SU.S.C. § 77A e seq.). 3. . ;UsOass cooperative corporations on y: (Complete and strike out Inapplicable term) The common bond of membership among its members/shareholders Is: PA DEPT. OFSTATE nr,T n n ,nn. b 3 ? ? A en 7 . rc? a ? o m 3 ? 03 !??z Jy S S ? C i? ?tl of n' a z 3 e,? eta 7? a ? Qr? A ago o' Z? ar m -? Z? S o Vii= m A 1A A N t (d ? t T 0 A 'O tZA 0 7a ?o .c C r 13 wo Z C z wv m ? o z p s a a? 04 0 Z to S goo so '0 3 c? c 3 n O (?K ( ?, L-? C nxutn> m t%_umpany/ ADDRESS FAX LICENSEE(S) Designated Agent? ? Yes BROKER IS THE AGENT FOR SELLER OR (if checked below): Broker is NOT the Agent for Seller and is a/an: ? AGENT FOR BUYER ? TRANSACTION LICENSEE ? No BUYER'S BUSINESS RELATIONSHIP WITH PA LICENSED BROKER BROKER (Company) PHONE ADDRESS FAX LICENSEE(S) Designated Agent? ? Yes ? No BROKER IS THE AGENT FOR BUYER OR (if checked below): Broker is NOT the Agent for Buyer and is a/an: ? AGENT FOR SELLER U SUBAGENT FOR SELLER ? TRANSACTION 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 uNLLbs mere are separate Designated Agents for Buyer and Seller. If the same-Licensee is designated for Seller and Buyer, the Licensee is a Dual Agent. 1. Tbi? grePtttETCt, dated ...? <,. " SELLER(S): 4 5 6 7 , is between BUYER(S) r , called "Seller," and , called "Buyer." 8 2. PROPERTY (9-05) Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: 9 ALL THAT CERTAIN lot or piece of ground with buildings and improvements thereon erected, if any, known as: 10 11 in the of 12 County of in the Commonwealth of Pennsylvania. Identification (e.g., Tax ID #; Parcel #; 13 Lot, Block; Deed Book, Page, Recording Date): 14 3. TERMS (9-05) 15 (A) Purchase Price - U.S. Dollars, 1s 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 which will be paid to Seller by Buyer as follows: 1. Cash or check at signing this Agreement: $ 2. Cash or check within days of the execution of this Agreement: $ 3. $ 4. Cash or cashier's check at time of settlement: $ TOTAL $ (B) Deposits paid by Buyer within 30 DAYS of settlement will be by cash or cashier's check. Deposits, regardless of the form of payment and the person designated as payee, will be paid in U.S. Dollars to Broker for Seller (unless otherwise stated here), , who will retain deposits in an escrow account until consummation or termination of this Agreement in conformity with all applicable laws and regulations. Any check tendered as deposit monies may be held uncashed pepding, the acceptance of this Agreement. (C) Seller's written approval to be on or before: (D) Settlement to be on or before if Buyer and Seller agree. (E) Settlement will occur in the county where the Property is located or in an adjacent county, during normal business hours, unless Buyer and Seller agree otherwise. (F) Conveyance from Seller will be by fee simple deed of special warranty unless otherwise stated here: (G) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here: 36 (H) At time of settlement, the following will be adjusted pm-rata on a daily basis between Buyer and Seller, reimbursing where applicable: cur- 37 rent taxes (see Information Regarding Real Estate Taxes); rents; interest on mortgage assumptions; condominium fees and homeowner asso- 38 ciation fees; water and/or sewer fees, together with any other lienable municipal service. All charges will be pro-rated for the period(s) cov- 39 ered. Seller will pay up to and including the date of settlement and Buyer will pay for all days following settlement, unless otherwise stat- 40 ed here: 41 Buyer Initials: A/S-R Page 1 of 10 Seller Initials: Revised 9/05 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS* 2005 Pennsylvards AssocWtim of RS's 9?os 1139/05 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 210 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 46 as 49 50 51 52 53 54 55 5S 97 53 59 60 5. 6. tlement; sump pumps; storage sheds; mailboxes; wall to wall carpeting; existing window screens, storm windows and screen/storm doors; window covering hardware, shades and blinds; awnings; built-in air conditioners; built-in appliances; and the range/oven unless otherwise stated. Also included: (B) LEASED items (not owned by Seller): (C) EXCLUDED fixtures and items: DATES/TIME IS OF THE ESSENCE (9-05) (A) The settlement date and all other dates and times referred to for the performance of any of the obligations of this Agreement are of the essence and are binding. (B) For purposes of this Agreement, the number of days will be counted from the date of execution, excluding the day this Agreement was exe- cuted and including the last day of the time period. The Execution Date of this Agreement is the date when Buyer and Seller have indicated full acceptance of this Agreement by signing and/or initiating it. All changes to this Agreement should be initialed and dated. (C) The settlement date is not extended by any other provision of this Agreement and may only be extended by mutual written agreement of the parties. (D) Certain time periods are pre-printed in this Agreement as a convenience to the Buyer and Seller. All pre-printed time periods are negotiable and may be changed by striking out the pre-printed text and inserting a different time period acceptable to all parties. MORTGAGE CONTINGENCY (9-05) D WAIVED. This sale is NOT contingent on mortgage financing, although Buyer may still obtain mortgage financing. ELECTED. (A) This sale is contingent upon Buyer obtaining mortgage financing as follows: First Mortgage on the Property Second Mortgage on the Property Loan Amount $ d 'y Loan Amount $ Minimum Term years Minimum Tenn years Type of mortgage Type of mortgage Mortgage lender 4 .. Interest rate., %; however, Buyer agrees to accept the interest rate as may be committed by the mortgage lender, not to exceed a maximum interest rate of --Ii Discount points, loan origination, loan placement and other fees charged by the lender as a percentage of the mortgage loan (excluding any mort- gage insurance premiums or VA funding fee) not to exceed % (0% if not specified) of the mortgage loan. Mortgage lender Interest rate _%; however, Buyer agrees to accept the interest rate as may he committed by the mortgage lender, not to exceed a maximum interest rate of %. Discount points, loan origination, loan placement and other fees charged by the lender as a percentage of the mortgage loan (excluding any mort- gage insurance premiums or VA funding fee) not to exceed % (0% it' not specified) of the mortgage loan. a1 The interest rate(s) and fee(s) provisions in paragraph 6 (A) are satisfied if the mortgage lender(s) gives Buyer the right to guarantee the interest rate(s) 2 and fee(s) at or below the maximum levels stated. Buyer gives Seller the right, at Seller's sole option and as permitted by law and the mortgage a lender(s), to contribute financially, without promise of reimbursement, to the Buyer and/or the mortgage lender(s) to make the above mortgage terms 7_1 available to Buyer. (B) Within days.,(10 if not specified) from the Execution Date of this Agreement, Buyer will make a completed, written mortgage appli- 36 cation for the mortgage terms stated above to the mortgage lender(s) identified in paragraph 6 (A), if any, otherwise to a responsible mortgage e7 lender(s) of Buyer's choice. Broker for Buyer, if any, otherwise Broker for Seller, is authorized to communicate with the mortgage se lender(s) to assist in the mortgage loan process. 7 (C) Should Buyer furnish false or incomplete information to Seller, Broker(s),'or the mortgage lender(s) concerning Buyer's legal or financial status, or fail to cooperate in good faith in processing the mortgage loan application, which results in the mortgage lender(s) refusing to approve a mortgage loan commitment, Buyer will be in default of this Agreement. r (D) 1. Mortgage commitment date: _ • "r If Seller does not receive a copy of Buyer's mortgage commitment(s) by this 93 date, Buyer and Seller agree to extend the mortgage commitment date until Seller terminates this Agreement by written notice to Buyer. 94 2. Upon receiving a mortgage commitment, Buyer will promptly deliver a copy of the commitment to Seller. 95 3. Seller may terminate this Agreement in writing after the mortgage commitment date, if the mortgage commitment(s): 95 a. Is not valid until the date of settlement, OR 57 b. Is conditioned upon the sale and settlement of any other property, OR 98 c. Does not satisfy all the mortgage terms as stated in paragraph 6 (A), OR 59 d. Contains any other condition not specified in this Agreement that is not satisfied and/or removed in writing by the mortgage lenders) ;ru within 7 DAYS after the mortgage commitment date in paragraph 6 (D) (1), other than those conditions that are customari- i0-i ly satisfied at or near settlement, such as obtaining insurance and confirming employment status. 102 4. If this Agreement is terminated pursuant to paragraphs 6 (D) (1) or (3), or the mortgage loan(s) is not obtained for settlement, all deposit monies 103 will be returned to Buyer according to the terms of paragraph 30 and this Agreement will beVOID. Buyer will be responsible for any costs incurred 104 by Buyer for any inspections or certifications obtained according to the terms of this Agreement, and any costs incurred by Buyer for (1) Title 105 search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; (2) Flood insurance and/or fire insurance with extended cov- 106 erage, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees and charges paid in advance to mortgage lender(s). 107 Buyer Initials: A/S-R Page 2 of 10 Seller Initials: Revised 9/05 46 7 ug 49 50 51 52 53 54 55 56 57 56 5a 60 61 62 63 64 65 65 67 o& 69 70 71 31 03 84 =35 96 S7 ?•0 yl gi 83 04 as 97 98 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 '23 121 (E) If the mortgage lender(s), or an insurer providing property and casualty insurance as required by the mortgage lender(s), requires repairs to the Property, Buyer will, upon receiving the requirements, deliver a copy of the requirements to Seller. Within ,5 DAYS of receiving the copy of the requirements, Seller will notify Buyer whether Seller. will make the required repass at Seller's expense. 1. If Seller makes the required repairs to the satisfaction of the mortgage lender(s) or insurer, Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this AgreemenL 2. If Seller will not make the required repairs, or if Seller fails to respond within the time given, Buyer will, within 5 DAYS, notify Seller of Buyer's choice to: a. Make the required repairs, at Buyer's expense, with permission and access to the Property given by Seller; permission and access may not be unreasonably withheld by Seller OR b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of this Agreement. (F) Seller Assist NOT APPLICABLE ? APPLICABLE. Seller will pay: ? $ or % of Purchase Price, maximum, toward Buyer's costs as acceptable to the mortgage tender(s). FHA/VA, IF APPLICABLE (G) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of earnest money deposits or, otherwise unless Buyer has been given, in accordance with HUDIFHA or VA requirements, a written statement by the Federal Housing'Commissioner, Veterans Administration, or a Direct Endorsement Lender setting forth the appraised value of the Property of not less than $ (the dollar amount to be inserted is the sales price as stated in this Agreement). Buyer wili.have the privilege and option of proceeding with consummation of the contract without regard to the amount of the appraised valuation.'The appraised valuation is arrived at to determine the maximum mort- gage the Department of Housing and Urban Development.w4insure. HUD does not warrant the value nor the condition of the Property. Buyer should satisfy himself/herself that the price and-condition ofthe 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 publishes any statement, knowing the same to be false ... shall be fined under thii'title or imprisoned not more than two years, or both." (H) U.S. 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." Buyer understands the importance of getting an independent home inspection and has thought about this before signing this Agreement. Bu..Xer understands that FHA will not perform a home inspection nor guarantee the price or condition of the Property. (I) 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 belieC and that any other agreement entered into by any of these parties in connection with this transaction is attached to this Agreement. 7 24 WAIVER OF CONTINGENCIES (9-05) 143 If this Agreement is contingent on Buyer's right to inspect and/or repair the Property, or to verify insurability, environmental conditions, 144 boundaries, certifications, zoning classification or use, or any other information regarding the Property, Buyer's failure to exercise any of 145 Buyer's options within the times set forth in this Agreement is a WAIVER of that contingency and Buyer accepts the Property and agrees to i,,6 the RELEASE in paragraph 27 of this Agreement. 147 PROPERTY INSURANCE AVAILABILITY (9-05) 148 ? WAIVED. This Agreement is NOT contingent upon Buyer obtaining property and casualty insurance for the Property, although Buyer may 149 still obtain property and casualty insurance. 150 ELECTED. Contingency Period: DAYS (13 if not specified) from the Execution Date of this Agreement. 151 Within the Contingency Period, Buyer will make application for property and casualty insurance for the Property to a responsible insurer. Broker l s2 for Buyer, if any, otherwise Broker for Seller, may communicate with the insurer to assist in the insurance process. If Buyer cannot obtain 1 ti3 property and casualty insurance for the Property an terms and conditions reasonably acceptable to Buyer, Buyer will, within the Contingency 154 Period: 155 (A) Accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, OR 56 (B) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of this 157 Agreement, OR ; 58 (C) Enter into a mutually acceptable written agreement with Seller. ! 5S; If Buyer and Seller do not reach a written agreement during the Contingency Period, and Buyer does not terminate this Agreement by 16o written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement. 161 INSPECTIONS (9-05) 1 U (A) Seller will provide access to insurers' representatives and, as may be required by this Agreement, to surveyors, municipal officials, and inspec- 163 tors. If Buyer is obtaining mortgage financing, Seiler will provide access to the Property to appraisers and others reasonably required by mort- 1.34 gage lender(s). Buyer may attend any inspections 165 (B) Buyer may make a pre-settlement walk-through inspection of the Property. Buyer's right to this inspection is not waived by any other provision 166 of this Agreement. 167 (C) Seller will have heating and all utilities (including fuel(s)) on for all inspections. 168 (D) All inspectors, including home inspectors, are autiorized by Buyer to provide a copy of any inspection report to Broker for Buyer. 169 (E) Seller has the right, upon request, to receive without charge a copy of any inspection report from the party for whom it was prepared. '70 8. 9. 171 176 .1. Accept the Property with the information stated in the report(s) and agree to the RELEASE in paragraph 27 of this Agreement, OR 176 177 2. If Buyer is not satisfied with the information stated in the report(s), terminate this Agreement by written notice to Setter, with all deposit 1n 178 monies returned to Buyer according to the terms of paragraph 30 of this Agreement, OR 178 179 3. Enter into a mutually acceptable written agreement with Seller providing for any repairs or improvements to the Property and/or any 179 180 credit to Buyer at settlement, as acceptable to the mortgage lender(s), if any. 180 181 If Buyer and Seller do not reach a written agreement during the specified Contingency Period, and Buyer does not terminate this 181 182 Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 182 183 27 of this Agreement. 183 184 Option 2. Within the Contingency Period, as stated in paragraphs 11-15, Buyer will: 184 185 1. Accept the Property with the information stated in the report(s) and agree to the RELEASE in paragraph 27 of this Agreement, OR 185 166 2. If Buyer is not satisfied with the information stated in the report(s), present the report(s) to Seiler with a Written Corrective Proposal 186 187 ("Proposal") listing corrections and/or credits desired by Buyer. The Proposal may, but is not required to, include the name of a prop- 187 188 erly licensed or qualified professional to perform the corrections requested in the Proposal, provisions for payment, including retests, and 188 189 a projected date for completion of the corrections. Buyer agrees that Seller will not be held liable for corrections that do not comply with 189 , 190 mortgage lender or governmental requirements if performed in a workmanlike manner according to the terms of Buyer's Proposal, or by 190 191 a contractor selected by Buyer. 191 192 a Within - days (7 if not specified) of receiving Buyer's Proposal, Seller will inform Buyer in writing of Seller's choice to: 192 193 (1) Satisfy the terms of Buyer's Proposal, OR 193 194 (2) Credit Buyer at settlement for the costs to satisfy the terms of Buyer's Proposal, as acceptable to the mortgage lender(s), if any, OR 194 195 (3) Not satisfy the terms of Buyer's Proposal and not credit Buyer at settlement for the costs to satisfy the terms of Buyer's Proposal. 195 196 b. If Seller agrees to satisfy the terms of Buyer's Proposal or to credit Buyer at settlement as specified above, Buyer accepts the Property 196 197 and agrees to the RELEASE in paragraph 27 of this Agreement. 197 198 c. If Seller chooses not to satisfy the terms of Buyer's Proposal and not to credit Buyer at settlement as specified above, or if Seller fails 198 199 to choose any option within the time given, Buyer will, within _ days (5 if not specified): 199 200 (1) Accept the Property with the information stated in the report(s) and agree to the RELEASE in paragraph 27 of this Agreement, OR Zoo 201 (2) Terminate this Agreement by written notice to Seiler, with all deposit monies returned to Buyer according to the terms of para- 201 202 graph 30 of this Agreement, OR 202 203 (3) Enter into a mutually acceptable written agreement with Seller providing for any repairs or improvements to the Property and/or 203 204 any credit to Buyer at settlement, as acceptable to the mortgage lender(s), if any. 204 205 If Buyer and Seller do not reach a written agreement during the time specified in Option 2, 2. c., and Buyer does not ter- 205 206 minate this Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the 206 207 RELEASE in paragraph 27 of this Agreement. 207 208 11. PROPERTY INSPECTION CONTINGENCY (9-05) (See Property and Environmental Inspection Notices) 208 209 Buyer understands that property inspections, certifications and/or investigations can be performed by professional contractors, home inspectors, 209 210 engineers, architects and other properly licensed or otherwise qualified professionals, and may include, but are not limited to: structural compo- 210 211 nents; roof, exterior windows and exterior doors; exterior siding, fascia, gutters and downspouts; swimming pools, hot tubs and spas; appliances; 211 212 electrical, plumbing, heating and cooling systems; water penetration; environmental hazards (e.g., mold, fungi, indoor air quality, asbestos, under- 212 213 ground storage tanks, etc.); electromagnetic fields; wetlands inspection; flood plain verification; property boundary/square footage verification; 213 214 and any other items Buyer may select. Buyer is advised to investigate easements, deed and use restrictions (including any historic preservation 214 215 restrictions or ordinances) that apply to the Property and to review local zoning ordinances. Other provisions of this Agreement may provide for 215 216 inspections, certifications and/or investigations that are not waived or altered by Buyer's election here. 216 217 ? WAIVED. Buyer has the option to conduct pioperty.inspections, certifications and/or investigations. Buyer WAIVES THIS OPTION and 217 218 agrees to the RELEASE in paragraph 27 of this Agreement. 218 219 ELECTED. Contingency Period: -L- _ days (15 if not specified) from the Execution Date of this Agreement. 219 220 (A) Within the Contingency Period, Buyer, at Buyer's expense, may have inspections, certifications and/or investigations completed by proper- 220 221 ly licensed or otherwise qualified professionals. If Buyer elects to have a home inspection of the Property, as defined in the Pennsylvania Home 221 222 Inspection Law (see Information Regarding the Home Inspection Law), the home inspection must be performed by a full member in good stand- 222 223 ing of a national home inspection association or a person supervised by a full member of a national home inspection association, in accordance 223 224 with the ethical standards and code of conduct or practice of that association, or by a properly licensed or registered professional engineer, or a 224 225 properly licensed or registered architect. This contingency does not apply to the following existing conditions and/or items: 225 226 226 227 227 228 (B) If Buyer is not satisfied with the condition of the Property as stated in the written inspection report(s), Buyer will proceed under one of the fol- 228 229 lowing Options as listed in paragraph 10 within the Contingency Period: 229 230 -Option 1 230 231 ' ? Option 2 For the purposes of Paragraph 11 only, Buyer agrees to accept the Property with the results of any report(s) and agrees to 231 232 the RELEASE in paragraph 27 of this Agreement if the total cost to correct the conditions stated in the report(s) is less than 232 233 $ ($0 if not specified) (the "Deductible Amount"). Otherwise, all provisions of paragraph 10, Option 2, shall 233 234 apply, except that Seller will be deemed to have satisfied the terms of Buyer's Proposal if Seller agrees to perform corrections 234 235 or offer credits such that the cumulative cost of any uncorrected or uncredited condition(s) is equal to the Deductible Amount. 235 236 Buyer Initials: A/S-R Page 4 of 10 Seller Initials: 236 Revised 9/05 237 236 239 240 241 242 243, 244 2451 24€; 24, 8 2.9 ?5=, 25i Z52 253 254 255 256 257 25S 259 260 261 262 263 264 265 266 267 263 269 270 273 274 275 276 27'P Z78 ?,a 230 281 262 283 S E1, 266 266 28 23;3 269 2K 2?± 292 293 2?4 295 296 29, 298 299 300 12. WOOD INFESTATION INSPECTION CONTINGENCY (94)5) 237 ? ' WAIVED. Buyer has the option to have the PropeEty inspected for wood infestation by an inspector certified as a wood-destroying pests pesti- 238 cide applicator. BUYER WAIVES THIS OPTION and agrees to the RELEASE in paragraph 27 of this Agreement. 239 [ ELECTED. Contingency Period: + ? days (15 if not specified) from the Execution Date of this Agreement. 240 (A) Within the Contingency Period, Buyer, at Buyer's expense, may obtain a written "Wood-Destroying Insect Infestation inspection Report" 241 from an inspector certified as a wood-destroying pests pesticide applicator and will deliver it and all supporting documents and drawings pro- 242 vided by the inspector to Seller. The report is to be made satisfactory to and in compliance with applicable laws, mortgage lender requirements, 243 and/or Federal Insuring and Guaranteeing Agency requirements, if any. The inspection is to be limited to all readily visible and accessible areas 244 of all structures on the Property except fences and the following structures, which will not be inspected: 245 246 (B) If the inspection reveals active infestation(s), Buyer, at Buyer's expense, may within the Contingency Period, obtain a Proposal from a wood- 247 destroying pests pesticide applicator to treat the Property. 248 (C) If the inspection reveals damage from active or previous infestation(s), Buyer, at Buyer's expense, may within the Contingency Period, obtain 249 a written report from a professional contractor, home inspector or structural engineer that is limited to structural damage to the Property caused 250 by wood-destroying organisms and a Proposal to repair and/or treat the Property. 251 (D) If Buyer is not satisfied with the condition of the Property as stated in the written inspection report(s), Buyer will proceed under one of the fol- 252 lowing Options as listed in paragraph 10 within the Contingency Period: 253 Q., Option 1 254 ? Option 2 255 13. STATUS OF RADON (9-05) (see Information Regarding Radon) 256 (A) Seller has no knowledge concerning the presence: or absence of radon unless checked below: 257 ? 1. Seller has knowledge that the Property was tested on the dates, by the methods (e.g., charcoal canister, alpha track, etc.), and with the 258 results of all tests indicated below: 259 DATE TYPE OF TEST RESUL'T'S (picoCuries/liter or working levels) 260 261 262 ? 2. Seller has knowledge that the Property anderwent radon reduction measures on the date(s) and by the method(s) indicated below: 263 DATE RADON REDUCTION METHOD 264 265 266 COPIES OF ALL AVAILABLE TEST REPORTS will be delivered to Buyer with this Agreement. SELLER DOES NOT WARRANT 267 EITHER THE METHODS OR RESULTS OF THE TESTS. 268 (B) RADON INSPECTION CONTINGENCY 269 WAIVED. Buyer has the option to have the Property inspected for radon by a certified inspector. BUYER WAIVES THIS OPTION and 270 agrees to the RELEASE in paragraph 27 of Kris Agreement. 271 ? ELECTED. Contingency Period: days (15 if not specified) from the Execution Date of this Agreement. 272 Within the Contingency Period, Buyer, at Buyer's expense, may obtain a radon test of the Property from a certified inspector. If Seller 273 performs any radon remediation, Seller will provide Buyer a certification that the remediation was performed by a properly licensed and 274 certified radon mitigation company. 275 1. If the written test report reveals the presence of radon below 0.02 working levels or 4 picoCuries/liter (4 pCi/L), Buyer accepts the 276 Property and agrees to the RELEASE in paragraph 27 of this Agreement. 277 2. If the written test report reveals the presence of radon at or exceeding 0.02 working levels or 4 picoCuries/liter (4 pCi/L), Buyer will 278 proceed under one of the following Options as listed in paragraph 10 within the Contingency Period: 279 ? Option 1 280 ? Option 2 281 14. STATUS OF WATER (9-05) 262 (A) Seller represents that the Property is served by: 283 ? Public Water 284 On-site Water 285 ? Community Water 286 ? None 287 ? 288 (B) WATER SERVICE INSPECTION CONTINGENCY 289 f Q WAIVED. Buyer has the option to have an inspection of the quality and or quantity of the water system for the Property. BUYER WAIVES 290 THIS OPTION and agrees to the RELEASE in paragraph 27 of this Agreement. 291 ? ELECTED. Contingency Period: days (IS if not specified) from the Execution Date of this Agreement. 292 1. Within the Contingency Period, Buyer, at Buyer's expense, may obtain an inspection of the quality and/or quantity of the water sys- 293 tem from a properly licensed or otherwise qualified water/well testing company. 294 2. If required by the inspection company, Seller, at Seller's expense, will locate and provide access to the on-site (or individual) water 295 system. Seller also agrees to restore the Property, at Seller's expense, prior to settlement. 296 3. If Buyer is not satisfied with the condition of the water system as stated in the written inspection report(s), Buyer will proceed under 297 one of the following Options as listed in paragraph 10 within the Contingency Period: 298 ? Option 1 299 ? Option 2 300 children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase. INFORMATION REGARDING THE REAL ESTATE SELLER DISCLOSURE LAA3' (Page 10: Signature Page) The Real Estate Seller Disclosure Law requires that before an agreement of sale is signed, the seller in a residential reat estate transfer must make certain disclosures regarding the property to potential buyers in a form defined by the law. A residential real estate,transfer is defined as a sale, exchange, installment sales contract, lease with an option to buy, grant or other transfer of an interest in real property where NOT LESS THAN ONE AND NOT MORE THAN FOUR RESIDENTIAL DWELLING UNITS are involved. The Law defines a number of exceptions where the disclosures do not have to be made: 1. Transfers that are the result of a court order. 2. Transfers to a mortgage lender that result from a buyer's default and subsequent,foreclosure sales that result from default. 3. Transfers from a co-owner to one or more other co-owners. 4. Transfers made to a sptluse or direct descendant. 5. Transfers between des that result from divorce, legal separation or property settlement. 6. Transfers by a eorporation. partnership or other association to its shareholders, partners or other equity owners as part of a plan of liquidation. 7. Transfer of a property to be demolished or converted to non-residential use. 3. Transfer of unimproved real property. 9. Transfers by a fiduciary during1he administration of a decedent estate, guardianship, conservatorship or trust. 10. Transfers of new construchon that has never been occupied when: a. _The buyer: has received a one-year warranty covering the construction; b. Ae4Adfding has been inspected for compliance with the applicable building code or, if none, a nationally recognized model building code; and c A certificate of occupancy or a certificate of code compliance has been issued for the dwelling. In addition to these exceptions, disclosures for condominiums and cooperatives are limited to the seller's particular unit(s). Disclosures regarding common areas or facilities are not required, as those elements are already addressed in the laws that govern the resale of condominium and coop- erative interests. Back of Page 6 19. 20. (C) In the event any notices (including violations) and/or assessments are received after Seller has signed this Agreement and before settlement, Seller will provide a copy of the notices and{or assessments to Buyer and will notify Buyer in writing within ' 5 DAYS of receiving the notices and/or assessments that Seller will: 1. Fully comply with the notices and/or assessments at Seller's expense before settlement. If Seller fully complies with the notices and/or assessments, Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreement. OR 2. Not comply with the notices and/or as..-A=nents. If Seller chooses not to comply with the notices and/or assessments, or fails within the ; time given to notify Buyer whether Seller will comply, Buyer will notify Seller in writing within 5 DAYS that Buyer will: a. Comply with the notices and/or assessments at Buyer's expense, accept the Property, and agree to the RELEASE in paragraph 27 of this Agreement, OR b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 3 30 of this Agreement. 3 If Buyer fails to respond within the f.`me stated in paragraph 18 (C) (2) or fails to terminate this Agreement by written notice to it Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement. 3'. (D) If required by taw, within _ 0 DAYS fir urn the Execution Date of this Agreement, but in no case later than 15 days prior to settlement, Seller a will order at Seller's expense a certification from the appropriate municipal department(s) disclosing notice of any uncorrected violations of zon- 38 ing, housing, building, safety or fire ordinances and/or a certificate permitting occupancy of the Property. If Buyer receives a notice of any .,8 required repairs/improvements, Buyer will promptly deliver a copy of the notice to Seller. Ia I . Within _ 5 DAYS of receiving notice from the municipality that repairs/improvements are required, Seiler will notify Buyer in writ- 8 ing that Seller will: 3°; a. Make the required repairs/improvements to the satisfaction of the municipality. If Seller makes the required repairs/improvements, Sat Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreement. OR 335 b. Not make the required repairs/improvements. If Seiler chooses not to make the required repairs/improvements, Buyer will notify 3%, Seiler in writing within ? 5 DAYS that Buyer will: 2E=t (1) Make the repairslimprovemenm at Buyer's expense, with permission and access to the Property given by Seller, which will not t be unreasonably withheld, OR 3?, 3 (2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of pars- 3c),, graph 30 of this Agreement. 21U1zt If Buyer fails to respond within the time stated in paragraph IS (D) (1) (b) or falls to terminate this Agreement by written notice 3^ i to Seller within that time, Buyer will accept the Property and agree to the RELEASE In paragraph 27 of this Agreement, and Buyer >u accepts the responsibility to perform thr repairstimprovements according to the terms of the notice provided by the municipality. v3 2. If Seller denies Buyer permission to make the required repairs/improvements, or does not provide Buyer access before settlement to make rn, the required repairs/inlprovements, Buyer may, within 5 _ DAYS, terminate this Agreement by written notice to Seiler, with all deposit 400 monies returned to Buyer according to the tens of paragraph 30 of this Agreement. 3. If repairs/improvements are required and Seller fails to provide a copy of the notice to Buyer as requited in paragraph 18 (D), Seller will 412 perform all repairs/improvements as required by the notice at Seller's expense. Paragraph IS (D) (3) will survive settlement. :€as (E) Access to a public road may require issuance of a highway occupancy permit from the Department of Transportation. 404 TITLE, SURVEYS & COSTS (9-05) 405 (A) The Property will be conveyed with good and marketable title as is insurable by a reputable title insurance company at the regular rates, free and 4.7:, clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the following: existing deed restrictions; historic preservation *-, restrictions or ordinances; building restrictions; ordinances; easements of roads; easements visible upon the ground; easements of record; and 40, privileges or rights of public service companies, if any. 4 9 (B) Buyer will pay for the following: (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; 410, (2) Flood insurance, fire insurance with extended coverage, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees and art charges paid in advance to mortgage lender(s); (4) Buyer's customary settlement costs and accruals. 412 (C) Any survey or surveys required by the title insurance company or the abstracting attorney for preparing an adequate legal description of the 413 Property (or the correction thereof) will be obtained and paid for by Seller. Any survey or surveys desired by Buyer or required by the mortgage ,t4 lender will be obtained and paid for by Buyer. 41 15 (D) If Seller is unable to give a .good and marketable title and such as is insurable by a reputable title insurance company at the regular rates, as specified 4 i r, in paragraph 19 (A), Buyer will: 417 1. Accept the Property with such title as Seller can give, with no change to the purchase price, and agree to the RELEASE in paragraph 27 of this a; 8 Agreement, OR 419 1 Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of 42o this Agreement. Upon termination, Seller will reimburse Buyer for any costs incurred by Buyer for any inspections or certifications obtained -w according to the terms of this Agreement, and for those items specified in paragraph 19 (B) items (1), (2), (3) and in paragraph 19 (C). (E) The Property is not a "recreational cabin" as defined in the Pennsylvania Construction Code Act unless otherwise stated here (see Information 4: 3 Regarding Recreational Cabins): 4t4 COJNDOMINIUM/PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) RESALE NOTICE (9-05) 425 0 NOT APPLICABLE a_r ? APPLICABLE: CONDOMINIUM. The Property is a unit of a condominium that is primarily run by a unit owners' association. §3407 of the 42, Uniform Condominium Act of Pennsylvania (see Information Regarding Condominiums and Planned Communities) requires Seller to famish 428 Buyer with a Certificate of Resale and copies of the condominium declaration (other than plats and plans), the bylaws and the rules and regula- 429 lions of the association. 4,30 ? APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOCIATION). The Property is part of a planned community -as defined by 431 the Uniform Planned Community Act (see Information Regarding Condominiums and Planned Communities). §5407(a) of the Act requires 432 Seller to furnish Buyer with a copy of the Declaration (other than plats and plans), the bylaws the rules and 1-t;- • ?- a Certificate containing the nmvizin- - a^- u -- - - • ' - . 4AJ the association to provide the Certificate in a timely manner, nor is Seller liable to Buyer for any incorrect information provided by the associ- 41,41 442 ation in the Certificate. 4,42 443 (C) The Act provides that Buyer may declare this Agreement VOID at any time before Buyer receives the association documents and for 5 days after 443 440 receipt, OR until settlement, whichever occurs first. Buyer's notice to Seller must be in writing; upon Buyer declaring this Agreement void, all 444 445 deposit monies will be returned to Buyer according to the terms of paragraph 30 of this Agreement. 445 446 (D) If the association has the right to buy the Property (right of first refusal), and the association exercises that right, Seller will reimburse Buyer for 446 4,147 any costs incurred by Buyer for any inspections or certifications obtained according to the terms of the Agreement, and any costs incurred by Buyer 447 448 for: (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; (2) Flood insurance and/or fire insurance with 448 449 extended coverage, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees and charges paid in advance to mortgage lender(s). 449 45o 21. MAINTENANCE & RISK OF LOSS (9-05) 450 451 (A) Seller will maintain the Property, grounds, fixtures and personal property specifically listed in this Agreement in its present condition, normal 451 452 wear and tear excepted. 452 453 (B) If any system or appliance included in the sale of the Property fails before settlement, Seller will: 453 454 1. Repair or replace the failed system or appliance before settlement, OR 454 455 2. Provide prompt written notice to Buyer of Seller's decision to: 455 456 a.. Credit Buyer at settlement for the fair market value office failed system or appliance, as acceptable to the mortgage lender(s), if any, OR 456 457 b. Not repair or replace the failed system or appliance, and not credit Buyer at settlement for the fair market value of the failed system 457 458 or appliance. 458 459 3. If Seller does not repair or replace the failed system or appliance or agree to credit Buyer for its fair market value, or if Seller fails to noti- 459 460 fy Buyer of Seller's choice, Buyer will notify Seller in writing within 5 DAYS or before settlement, whichever is earlier, that Buyer 460 461 will: 461 462 a. Accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, OR 462 463 b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 463 464 30 of this Agreement. 464 465 (C) Seller bears the risk of loss from fire or other casualties until settlement. If any property included in this sale is destroyed and not replaced, Buyer will: 465 466 1. Accept the Property in its then current condition together with the proceeds of any insurance recovery obtainable by Seller, OR 466 467 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of 467 468 this Agreement. 468 469 22. COAL NOTICE (Where Applicable) 469 470 THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHTS OF SUPPORT UNDERNEATH THE SURFACE LAND 470 471 DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL SUCH COAL AND 471 472 IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. (This 472 473 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 473 474 right of protection against subsidence resulting from coal mining operations, and that the property described herein may be protected from damage 474 475 due to mine subsidence by a private contract with the owners of the economic interests in the coal. This acknowledgement is made for the purpose 475 476 of complying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966" Buyer agrees 476 477 to sign the deed from Seller which deed will contain the aforesaid provision. 477 476 23. POSSESSION (9-05) 478 479 (A) Possession is to be delivered by deed, keys and: 479 480 1. Physical possession to vacant Property free of debris, with all structures broom-clean, at day and time of settlement, AND/OR 480 481 2. Assignment of any existing lease(s), together with any security deposits and interest, at day and time of settlement, if Property is leased at 481 482 the execution of this Agreement, unless otherwise' stated in #A Agrecn*nt. 482 483 (B) Buyer will acknowledge existing lease(s) by initiating the lease(s) at the execution of this Agreement, unless otherwise specified herein.. 483 484 (C) Seller will not enter into any new leases, extensions of existing leases or additional leases for the Property without the written consent of Buyer. 484 485 24. RECORDING (9-05) This Agreement will not be recorded in the Office of the Recorder of Deeds of in any other office or place of public record. 465 486 If Buyer causes or permits this Agreement to be recorded, Seller may elect to treat such act as a breach of this Agreement. 466 487 25. ASSIGNMENT (9-05) This Agreement is binding upon the parties, their heirs, personal representatives, guardians and successors, and to the extent 487 468 assignable, on the assigns of the parties hereto. Buyer will not transfer or assign this Agreement without the written consent of Seller unless other- 488 489 wise stated in this Agreement. 489 ago 26. GOVERNING LAW, VENUE & PERSONAL JURISDICTION (9-05) 490 491 (A) The validity and construction of this Agreement, and the rights and duties of the parties, will be governed in accordance with the laws of the 491 492 Commonwealth of Pennsylvania. 492 493 (B) The parties agree that any dispute, controversy or claim arising under or in connection with this Agreement or its performance by either party 493 494 shall be decided exclusively by and in the state or federal courts sitting in the Commonwealth of Pennsylvania. 494 495 27. RELEASE (9-05) 495 ass Buyer releases, quit claims and forevairischarges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES and any OFFICER or 496 497 PARTNER of any one of them and any other PERSON, FIRM or CORPORATION who may be liable by or through them, from any and 497 498 all claims, losses or demands, including, but not limited to, personal injury and property damage and all of the consequences thereof, whether 498 499 known or not, which may arise from the presence of termites or other wood-boring insects, radon, lead-based paint hazards, mold, fungi or 499 500 indoor air quality, environmental hazards, any defects in the individual on-lot sewage disposal system or deficiencies in the on-site water serv- 500 501 ice system, or any defects or conditions on the Property. Should Seller be in default under the terms of this Agreement, or in violation of any 501 502 seller disclosure law or regulation, this release does not deprive Buyer of any right to pursue any remedies that may be available under law 502 503 or equity. This release will survivg.settlement. - - 503 504 Buyer Initials: " r ` A/S-R Page 8 of 10 Seller Initials: 504 Revised 9/05 '7? or omerwtse, or any taro wnatsoever concernmg uus satc. I HIS t%g1an111c111 W111 11UL uc duc.cu, 4111c11ucU, l 111 gcU u UlR ...1. t -Ft LLL ?111CLLg JVJ 1 executed by the parties. 510 611 (B) Unless otherwise stated in this Agreement, Buyer has inspected the Property (including fixtures and any personal property specifically 511 512 listed herein) before signing this Agreement or has waived the right to do so, and agrees to purchase the Property IN ITS PRESENT 512 513 CONDITION. Buyer acknowledges that Brokers, their licensees, employees, officers or partners have not made an independent exam- 513 5ta ination or determination of the structural soundness of the Property, the age or condition of the components, environmental conditions, 514 515 the permitted uses or of conditions existing in the locale where the Property is sitaatt d; nor have they made a mechanical inspection of 515 516 any of the systems contained therein. 516 517 (C) Any repairs required by this Agreement will be completed in a workmanlike manner. 517 518 (D) Broker(s) have provided or may provide services to assist unrepresented patties in complying with this Agreement. 518 5,9 29. DEFAULT (9-05) 519 520 (A) Seller has the option of retaining all sums paid by Buyer, including the deposit monies, should Buyer: 520 521 1. Fail to make any additional payments as specified in paragraph 3, OR 521 522 2. Furnish false or incomplete information to Seller, Broker(s), or any other party identified in this Agreement concerning Buyer's legal or 522 523 financial status, OR 523 524 3. Violate or fail to fulfill and perform any other terms or conditions of this Agreement. 524 525 (B) Unless otherwise checked in paragraph 29 (C), Seller may'etect to Lain those sums paid by Buyer, including deposit monies: $25 526 1. On account of purchase price, OR 526 527 2. As monies to be applied to Seller's damages, OR 527 528 3. As liquidated damages for such breach. 528 529 (C) ? SELLER IS LIMITED TO RETAINING SUMS PAID BY BUYER, INCLUDING DEPOSIT MONIES, AS LIQUIDATED DAMAGES. 529 530 (D) If Seller retains all sutras paid by Buyer, including deposit monies, as liquidated damages pursuant to paragraph 29 (B) or (C), Buyer and Seller 530 531 are released from further liability or obligation and this Agreement is VOID. 531 532 30. TERMINATION & RETURN OF DEPOSITS (9-05) 532 533 (A) Where Buyer terminates this Agreement pursuant to any right granted by this Agreement, all deposit monies paid on account of purchase price 533 534 will be returned to Buyer and this Agreement will be VOID. The broker holding the deposit monies may only release the deposit monies accord- 534 535 ing to the tetras of a fully executed written agreement between Buyer and Seller and as permitted by the Rules and Regulations of the State Real 535 536 Estate Commission. 536 537 (B) If there is a dispute over entitlement to deposit monies, a broker is not legally permitted to determine if a breach occurred or which party is enti- 537 538 tled to deposit monies. A broker holding the deposit monies is required by the Rules and Regulations off the State Real Estate Commission to 538 539 retain the monies in escrow until the dispute is resolved. In the event of litigation over deposit monies, a broker will distribute the monies accord- 539 540 ing to the terms of a final order of court or a written agreement of the parties. Buyer and Seller agree that, if any broker or affiliated licensee is 540 541 joined in litigation regarding deposit monies, the attorneys' fees and costs of the broker(s) and licensee(s) will be paid by the party joining them. 541 542 31. REAL ESTATE RECOVERY FUND (9-05) 542 543 A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real estate licensee 543 544 owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been unable to collect the judgment after exhausting all legal 544 545 and equitable remedies. For complete details about the Fund, call (717) 783-3658 or (800) 822-2113 (within Pennsylvania) and (717) 783-4854 (out- 545 546 side Pennsylvania). 546 547 32. MEDIATION (9-05) 547 548 (A) Unless otherwise checked in paragraph 32 (D), Buyer and Seller will submit all disputes or claims that arise from this Agreement to mediation 548 549 in accordance with the Rules and Procedures of the Home SellerslHome Buyers Dispute Resolution System. Any agreement reached through 549 550 mediation and signed by the parties will be binding (see Information Regarding Mediation). 550 551 (B) Buyer and Seller have`rteceived, iread, and understand the Rules and "Procedures of the Home Sellers/Horne Buyers Dispute Resolution System. 551 552 (C) Any agreement to mediate disputes or claims arising from this Agreement will survive settlement. 552 553 (D) ? MEDIATION IS WAIVED. Buyer and Seller understand that they may choose to mediate at a later date should a dispute or claim arise, 553 554 but that there will be no obligation for any party to do so. 554 555 33. RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT NOTICE (Required for properties built before 1978) (9-05) 55 555 Lead-Based Paint Hazards Disclosure Requirements: The Residential Lead-Based Paint Hazard Reduction Act requires any seller of prop- 55. 557 erty built before 1978 to provide the buyer with an EPA-approved lead hazards information pamphlet titled Protect Your Family from Lead in Your 557 558 Home and to disclose to the buyer and the broker(s) the known presence of lead-based paint and/or lead-based paint hazards in or on the proper- 558 559 ty being sold, along with the basis used for determining that the hazards exist, the location of the hazards, and the condition of painted surfaces. 55,4 510 Any seller of a pre-1978 structure must also provide the buyer with any records or reports available to the seller regarding lead-based paint and/or 56o 561 lead-based paint hazards in or about the property being sold, the common areas, or other residential dwellings in multi-family housing. Before a 561 552 buyer is obligated to purchase any housing constructed prior to 1978, the Act requires the seller to give the buyer 10 days (unless buyer and sell- 562 563 er agree in writing to another time period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint 563 564 hazards. The opportunity to conduct a risk assessment or inspection may be waived by the buyer, in writing. Neither testing nor abatement is 564 565 required of the seller. Housing built in 1978 or later is not subject to the Act. 565 566, NOT APPLICABLE. Property was built in 1978 or later. 566 557 ? APPLICABLE. Property was built before 1978. Broker must attach the Lead-Based Paint Hazards Disclosure and Inspection 567 568 Contingency Addendum (PAR Form LPA) or another acceptable form with the information required by the Act, and provide Buyer 568 589 the pamphlet Protect Your Family from Lead in Your Home. Buyer(s) must initial below that they have received both documents: 569 570 ??? Lead-Based Paint Hazards Disclosure and Inspection Contingency Addendum (attached as part of this Agreement). 570 571 ¦?)• Protect Your Family from Lead in Your Home 571 572 Buyer Initials A/S-R Page 9 of 10 Seller Initials: 572 Revised 9/05 578 with Right to Continue Marketing V ? 579 Addendum(PAR Form SSP-CM) ? +S 580 ?) C3a7?` .11G? 562 563 564 rema 565 587 588 589 590 591 592 593 594 595 596 597 598 Buyer and Seller acknowledge receipt of a copy of this Agreement at the time of signing. 578 579 580 561 562 563 564 565 586 567 588 589 Soo 591 592 593 594 595 596 597 598 599 NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Parties to this transaction are advised to consult n9 600 an attorney before signing if they desire legal advice. 600 601 Return by facsimile transmission (FAX) of this Agreement, and any addenda and amendments, bearing the signatures of all parties, constitutes 801 692 acceptance by the parties. 602 603 2? Buyer has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35336. 603 604 Bayer has received a statement of Buyer's estimated closing costs before signing this Agreement. 604 605 Bayer has read and understands the notices and explanatory information in this Agreement 605 6o6 ? Buyer has received a Seller's Property Disclosure Statement before signing this Agreement, if regmved by law (see Information Regarding 606 607 ? the Real Estate Seller Disclosure Law). 607 608 JH/ Buyer has received the Deposit Money Notice (for cooperative sahm when Broker for Seller is holding deposit money) before signing this hoe 609 Agreement 609 6io BUYER'S MAILING ADDRESS: 611 612 613 WITNEft WITNESSd ? 614 WITNESS 615 Seller has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336. 616 Seller has received a statement of Seller's estimated closing costs before signing this Agreement 617 Seller has read and understands the notices and explanatory information in this Agreement. 618 SELLER'S MAILING ADDRESS: 619 620 621 WITNESS 622 WITNESS A/S-R Page 10 of 10 Revised 9/05 610 611 DATE it 7 O 612 DATE DATE 613 614 615 616 617 618 619 620 621 622 a-LLEr% S COPY \?- \ ?r\ -D A. S„ettliment Statement U.S. Department of Housinq and Urban Development O.N. it OMB No. 2502-0265 B. Type of Loan 1. Q FHA 2. r-1 FmHA 3. ® Conv. Unins File Number Loan Number Mortgage Insurance ass um er 26004-LAW-LTXC 0001729016 N/A 4. F] VA 5. F1 Conv. Ins. (AW4) C. NOTE:This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "p.o.c" were paid outside of closing; they are shown here for informational purposes and are not included in the totals. D: NAME AND ADDRESS:OF BORROWER: John L. Hergenroeder, Ill Muriel J. Hergenroeder 15 Quail Circle, York Haven, PA 17370 15 Quail Circle, York Haven, PA 17370 E. NAME AND ADDRESS OF SELLER: Peter Them Builders, Inc. 9 Rapuano Way, Carlisle, PA 17013 F. NAME.-AND ADDRESS OF LENDER: AMerican Home Mortgage 538 Broddhollow. Road, Melville, NY 11747 G. PROPERTY 3140 Ritner Highway LOCATION: Carlisle, PA 17013 H. SETTLEMENT AGENT: Law Office of Darrell:C. Dethlefs PLACE OF SETTLEMENT: 2132 Market Street, Camp Hill, PA 17011 TIN: 25-1727631 1. SETTLEMENT DATE: 05/31/2007 RESCISSION DATE: 100. GROSS AMOUNT DUE FROM BORROWER:, 400. GROSS AMOUNT bUE TO SELLER: 101. Contract Sales Price $324,.900,00 Contract Sales Price $324.,900.00 102. Personal Property 402. Personal property 103. Settlements charges to borrower. 403. (from line. 1400) $13, 0.60;22 104. 404. 105. 405. ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE: ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE: 106. City/town taxes to 406. City/town axes to 107. County Taxes 0513112007 to 1213112007 $62.24 407. County Taxes 0513112007 to 1213112007 $62.24 108. Assessments 053112007 to 06/30/2007 $52`.23 408. Assessments 0513112007 to 0613012007 $52.23 109. 409. 110. 410. 111. 411. 112. 412. 120. GROSS AMOUNT DUE FROM BORROWER: $338,074.69 420. GROSS AMOUNT DUE TO SELLER: $325,014.47 200, AMOUNTS PAID BY OR KBEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 201. Deposit or earnest money $3,000,00 501. Excess deposit (see instructions) 202. Principal amount of new loan(s) $239,900.00 502.. Settlement charges to seller (line 1400) $71,697.04 203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to 204. 504. Payoff of first mortgage loan Randy Shuman $55,445.57 205. 505. Payoff of second mortgage loan Commerce Bank $227,858.01 206. Seller Credit for Upgrades $500.00 506. Seller Credit for Upgrades $500.00 207. 507. 208. 508. 209. ( 509. ADJUSTMENTS FOR ITEMS UNPAID BY SELLER: ADJUSTMENTS FOR ITEMS UNPAID BY SELLER: 210. City/town taxes to 510. City/town taxes to 211 County taxes to 511 C t to 212. Assessments to oun y axes 512. Assessments to 213. 513. 214. 514. 215. 515. 215. 516. 217. 517. 218. 518. t 219. 519. 220. TOTAL PAID BY/FOR $243,400. 00 520. TOTAL REDUCTIONS $355,500.62 BORROWER: IN AMOUNT DUE TO SELLER: 300. CASH AT SETTLEMENT FROM/TO:BORR AVER.` 600. CASH AT SETTLEMENT TO/FROM SELLER 301. Gross amount due from borrower (line 120) $338,074.69 601. Gross amount due to seller (line 420) $325,014.47 302. Less amount paid by/for borrower (line 220) $;43,40 0.00 602. Less reductions in amt. due seller (line 520) $355,500.62 303. CASH ( ®FROM) TO) BORROWER: $94,674.69 603. CASH ( FROM) ( TO) SELLER: $30, 486.15 HUD-1 (3-86) - RESPA, HB 4305.2 PAGE 1 OMB No. 2502-0265 HUD-1 (Rev. 3,(88) L. SETTLEMENT CHARGES 700. TOTAL•SALES/BROKER'S COMMISSION PAID FROM PAID FROM BASED ON PRICE $324,900.00 @ 5 %= $16,245.00 BORROWER'S SELLER'S FUNDS FUNDS DIVISION OF COMMISSION (LINE 700) AS FOLLOWS: AT AT 701. $8,147.50 to Ebener & Associates SETTLEMENT SETTLEMENT 702. $8,097.50 to Century 21 Walak & Associates 703. $0.00 to 704. $0.00 to 705. Commission paid at settlement . $16,245.00 706. Transaction roe to Walak & Waltz $125.00 801. Loan origination fee 1. 0000 % to American Home Mortgage $2,399.00 802. Loan discount 1. 7500 % to American Home Mortgage $4,198.25 803. Appraisal fee to: American Home Mortgage $475.00 804. Credit report to: American Home Mort age $8.25 805. Lender's Inspection fee American Home Mortgage 806. Mortgage insurance application fee to American Home Mortgage 807. Assumption fee American Home Mortgage 808. DV/LP Fee $21.70 809. Funding/Review Fee to American Home Mort age $430.00 810.MERS Registration Fee $3.95 811. Tax Service roe j $92.00 812 Flood Hazard Fee s $19.00 813 814 Borrower Prepaid (CREDIT) ($350.00) 815 816 817 818 819 820 Qnn ITFMC HFr71 1114F 41 HV 1 FN] IFH I () Ht- MAII) IN AUVANt.tr' 901. Interest from 0513112007 to 0610112007 @1$38.321day $38.32 902. Mortgage insurance premium for mos. to 903. Hazard insurance premium for yrs. to 904. Flood insurance premium for yrs. to 905. '1111111 K1\1KV1\ 1111+11.\I I11 / VVI I M 1 11V1 )1 K' 1 1001. Hazard insurance months per month 1002. Mortgage insurance months @ per month 1003. City property taxes months per month .1004. County property taxes months @ per month 1005. Annual assessments months A per month 1006. Flood Insurance months @ per month 1007. months @ ?. per month 1008, months @ ' per month 1009. Aggregate Accounting Escrow Adjustment 111113 11111 1 :"A K I I11' 1101. Settlement or closing fee to Law Office of Darrell C. Dethlefs 1102. Abstract or title search to 1103. Title examination to 1104. Title Insurance binder to 1105. Document preparation to 1106. Notary fees to Lax office of Darrell C. Dethlefs $20.00 1107. Attorney's fees to Saidis, Flower & Lindsay (includes above items Numbers: ) $350.00 1108. Title insurance to Lawyers Title/Law Office of Darrell C. Dethlefs (includes above Items Numbers: Basic - 3 End. ) $2,133.75 1109. Lender's coverage $239,900.00 ( $239,900.00 ) ) 1110. Owners coverage $324, 900.00 ( $324t900.00 1111. Closing Service Letter Fee to Lawyers Title $35.00 1112. George L. Ebener & Associates $3,560.00 1113.George L. Ebener & Associates $3,274.00 -1 /Illl L,livrmimminm 1 RCI.V RLJIrvU' NIVU I RMIV Jr'r_R Vr1M Rl]GJ. 1201. Recording fees: Deed $38. 50 ; Mortgage $80.50 Releases $119.00 1202. City/county tax/stamps: Deed $3,249. 00; Mortgage $3,249.00 1203. Stele tax/stamps: Deed $3,249. 00 ; Mortgage Other $3,249.00 1204. Andrew L. Winder, Attorney for S&A Custom Built Homes, Inc. $44,112.94 1205. lit U AUUI I IUNAL St I I LtMt_N I GHAKL?tJ: 1301. Survey to 1302. Pest inspection to 1303. Overnight Fee to Law Office of Darrell C. Dethlefs (LIPS) $18.00 $36.00 1304. Lay Office of Darrell C. Dethlefs (email Doc Fee) $25.00 1305. Cumberland Count Tax Claim Bureau (2006 Delinquent Taxes) $764.44 1306. Mable G. Stitt, Tax Collector (2007 Co/Twp Tax) $105.66 1307. 1400. TOTAL SETTLEMENT CHARGES $13,060.22 $71,697.04 I have carefully, reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, it is a tr?Fd accur ment of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the HUD-1 Settlement S to . S t' l Seller or Borrower: Date: Agent: 7?? 1 Date: John L. Hergenroeder, 111 Peter Them, President Seller or Borrower: Date: Agent: Date: Muriel J. Hergenroeder Seller or Borrower: Date: Agent: Date: Seller or Borrower: Date: Agent: Date: The HUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this statement. Date: Settlement Agent: Date: Darrell C. Dethlefs, Esquire WARNING: It is a crime to knowingly make false statements to the United States gn,this or any other similar form. Penalties upon conviction can include a fine and imprison- ment. For details see: Title 18 U.S. Code Section 1001 and Section 1010. } `a 0 ?.'yl w r-?r- T'}.'? r.-. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN L. HERGENROEDER III No. 09.3542 Plaintiff, VS. Civil Action PETER THEM . Defendant. CERTWWATE OF SMVICE I served the foregoing I, Peter Them, certify that on ' h,--3 1(3 9 objections by causing a copy to be delivered by certified mail to: John L. Hergenroeder III 3140 Ritner Highway Newville, PA U.S. Postal Service,,A CERTIFIED MAIL,, RECEIPT (Domestic Mail Only; No insurance Coverage Provided) For delivery information visit our website at www.usps.coml; rl-- Q" r`- ra Q Return Receipt Fee C3 (Endorsement Required) O Restricted Delivery Fee (Endorsement Requlred) O E3 M Total postage & Fees r-R sE3 O O r11- Peter Them f7F Tf-';'_: P.", 'Y 2 G 0 9? kill