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Home My WebLink About01-11-11J 15D561D143 REV-1500 ~`(°'-'°' `~ PA Department of Revenue OFFICIAL USE ONLY Bureau of Individual Taxes Pennsylvania county code Year File Number oEVUtrrEwr or Prue Po Box.2sosol INHERITANCE TAX RETURN Harrisburg, PA 1712&O1i01 RESIDENT DECEDENT 21 10 0460 ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death Date of Birth 362 30 4340 04 15 2010 04 29 1930 Decedent's Last Name Suffix Decedent's First Name FINUI MI WILMA (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name FINUI MI FRANK Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW X^ 1. Original Retum ^ 2. Supplemental Retum ^ 3, Remainder Retum (date of death ^ 4. Limited Estate ^ prior to 12-13-82) 4a Future Interest Compromise ^ (date of death after tz-tz-tt2) 5. Federal Estate Tax Retum Required O s. Decedent Died Testate (Attach Copy of Wilp ^ eot Maintained a Livin Trust 0 ~' Attach Copy of Trust) 9 8. Total Number of Safe Deposit Boxes ^ g. Litigation Proceeds Received ^ 1 D ~oMus~a~ Ppvp~rty, a dit~datesof death ^ 11 Election to tax under Sec. 9113(A) 22 33 9 9 11 (Attach Sch O) CORRESPONDENT -THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: Name Daytime Telephone Number MARIELLE F HAZEN 717 540 4332 ., c-~ First line of address 2000 LINGLESTOWN RD Second line of address SUITE 202 City or Post Office HARRISBURG State ZIP Code PA 17110 ~ ..: ~~~ __ REGISTER v~-arvf6.LS USE,QNLY ~- - ~~ , ~i 7~ ~ 'V~ _. . , ~ .,.t - t.; c ~ DATE FILED ,--, Correspondent's a-mail address: Under penalties of perjury, I deGare that I have examined this return, inGuding accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete. Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge. SIGNATURE OF PERSON RESPONSIBLE FOR FILING RETURN ~-f~ n (\ ~"'~~ • DATE ADDRESS David A Finui 1185 Peninsula Drive Central Cit PA 15926 SIGI~A~E OF PREPARER OTHER THAN REPRESENTATIVE Marielle F Hazen OI _2000 Linglestown Rd. ,Harrisburg, PA 17110 Side 1 15D5610143 15D5610143 J ~ 15D5610243 REV-1500 EX Decedent's Name: FIIIUI~ Wilma Decedent's Social Security Number 362 30 4340 RECAPITULATION 1. Real Estate (Schedule A) ....................................................................................... 1. 121 , 500.00 2. Stocks and Bonds (Schedule B) ............................................................................. 2. 2 7 5 , 415.0 0 3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C)......... 3. 4. Mortgages & Notes Receivable (Schedule D) ....... ................................................. 4. 5• Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) ............... 5. 2 5 , 0 8 3 . 6 6 6. Jointly Owned property (Schedule F) ^ Separate Billing Requested ............ 7. Inter-Vivos Transfers & Miscellaneous I~oq Probate Property (Schedule G) u Se B 6. parate illing Requested............ 7. 13 , 243.41 8. Total Gross Assets (total Lines 1-7) ..................................................................... g, 435 , 242.07 9. Funeral Expenses & Administrative Costs (Schedule H) ............... ........................ 9. 43 , 342.91 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) .............................. 10. 65.93 11. Total Deductions (total Lines 9& 10) ..................................................... 4 3 4 0 8 8 4 .............. 11. , . 12. Net Value of Estate (Line 8 minus Line 11) .......................................................... 13. Charitable and Governmental Bequests/Sec 9113 T 12. 391 , 833.23 rusts for which an election to tax has not been made (Schedule J) ............................................... 13. 3 , 918.3 3 14. Net Value Subject to Tax (Line 12 minus Line 13) ....................... ........................ 14 387 , 914.90 TAX COMPUTATION -SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a)(1.2)X.00 ~ . 00 15. ~ . ~~ 16. Amount of Line 14 taxable at linealratex .045 387,914.90 1s. 17,456 17 17. Amount of Line 14 taxable . at sibling rate X .12 0. ~ 0 17. 0 0 ~ 18. Amount of Line 14 taxable . at collateral rate X .15 0. 0 0 18. 0. 0 0 19. Tax Due .................................................................................................................. 19. 17 , 4 5 6.17 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT. ^ Side 2 1505610243 1505610243 J REV-1500 EX Page 3 Decedent's Complete Address: DECEDENT'S NAME Finui, Wilma STREET ADDRESS 23 Wiltshire West CITY Carlisle Tax Payments and Credits: 1. Tax Due (Page 2, Line 19) 2. Credits/Payments A. Prior Payments B. Discount 3. Interest 15,000.00 789.47 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Check box on Page 2 Line 20 to request a refund 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. STATE I ZIP PA 17015 (1) 17,456.17 Total Credits (A + B) Make Check Pa able to: REGISTER OF WILLS AGENT. (2) 15,789.47 (3) (4) (5) ~,666.7~ .___...... LEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: a. retain the use or income of the property transferred :............................................................................... Yes No b. retain the right to designate who shall use the property transferred or its income :.................................. c. retain a reversionary interest; or ............................................................................................................... ^ x d. receive the promise for life of either payments, benefits or care? ............................................................ 2. If death occurred after December 12, 1982, did decedent transfer roe x receiving adequate consideration? ............... p p rty within one year of death without ^ ^ .......................................................... . ...................... x 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death?....... 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? ......................... ^ ^ IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. For dates of death on or after July 1, 1994 and before Jan. 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3 percent [72 P.S. §9116 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0 percent [72 P.S. §9116 (a) (1.1) (ii)). The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: • The tax rate imposed on the net value of transfers from a deceased child 21 years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is 0 percent [72 P.S. §9116 (a) (1.2)]. . The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5 percent, except as noted in 72 P.S. §9116 1.2) [72 P.S. §9116 (a) (1)). • sibling is definepd under Sectiont9102, as an individua/who has at least one paent inscolmmon withthe detcedent, whether by ti ood) or adoption. File Number 21-10-0460 Rev-1502 EX+(11-OS) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE A REAL ESTATE wtp-it Vt Finui, Wilma (FILE NUMBER 21 10 0460 All real property owned solely or as a tenant in common must be reported at fair market value. Fair market value is defined as the price at which property would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both having reasonable knowledge of the relevant facts. Rea property which is jolMly-owned with right of survivorship must be disclosed on schedule F. Attach a copy of the settlement sheet if the property has bean sold Include a copy of the deed showing decedent's interest H owned as tenant in common. ITEM NUMBER DESCRIPTION Real Estate at 23 Wiltshire West, Carlisle, PA -Transferred from Husband and Wife (decedent) to decedent January 8, 2010. VALUE AT DATE OF DEATH 121,500.00 TOTAL (Also enter on Line 1, Recapitulation) 121,500.00 (If more space is needed, additional pages of the same size) Copyright (c) 2009 form software only The Lackner Group, Inc. Form pq-1500 Schedule A (Rev. 11-08) Rev-1503 EX+ (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Finui, Wilma FILE NUMBER 21.1 n_ndan All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM CUSIP NUMBER NUMBER DESCRIPTION UNIT VALUE VALUE AT DATE OF DEATH 36,600 shares of Common shares First Commonwealth 7.525 Financial Corp. -Held at S&T Financial Services brokerage account #NVK 031513. DOD high $7.64 and low $7.41 TOTAL (Also enter on Line 2, Recapitulation) (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. SCHEDULE B STOCKS 8~ BONDS 275,415.00 275,415.00 Form PA-1500 Schedule B (Rev. 6-98) Rev-7508 EX+ (8-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE E CASH, BANK DEPOSITS, ~ MISC. PERSONAL PROPERTY ESTATE OF Finui, Wilma Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointlyowned with the right of survivorship must be disclosed on schedule F. ITEM NUMBER DESCRIPTION VALUE AT DATE 1 Hachette Filipacci Media -refund OF DEATH 5.72 2 Highmark Insurance premium -refund 25.00 3 Ladies Home Journal -refund of subscription 9.59 4 Medicare -refund 3.00 5 Refund of auto insurance premium 169.00 6 Orrstown Bank Checking Acct. #146001708 5,303.29 7 S&T Financial Services account #NVK-031513 1,098.06 8 Auto - 2008 Pontiac Torrent -sales price 14,800.00 9 Personalty - as per attached appraisal done by Charles R. Stringfellow/Barrett Real Estate 3,670.00 TOTAL (Also enter on Line 5, Recapitulation) 25,083.66 (If more space is needed, additional pages of ttte same size) Copyright (c) 2002 form software only The Lackner Grouo. Inc. FILE NUMBER 21-10-0460 Form pA-500 Schedule E (Rev. 6-98) Rev-7510 EX+ (8-98) SCHEDULE G INTER-VIVOS TRANSFERS ~ MISC. NON-PROBATE PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Finui, Wilma (FILE NUMBER 21 10 0460 This schedule must be completed and filed if the answer to any of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yes. ITEM DESCRIPTION OF PROPERTY NUMBER THE DATE OF TEROANSFER.SATTACFi ACOPY OF THE DEED FOR REAL EsTATE. VALUE OF ASSET ~~ OF DECD'S INTEREST 1 First Commonwealth Bank -IRA Act. #13300003301467 -Beneficiary designated as 3,634.41 100.000% decedent's 2 sons 2 First Commonwealth Bank -IRA Act. #13300003302001 -Beneficiary designated as decedent's 2 sons 3 First Commonwealth Bank -IRA Act. #13300003302654 -Beneficiary designated as decedent's 2 sons 4 First Commonwealth Bank -IRA Act. #13450000003328 -Beneficiary designated as decedent's 2 sons TOTAL (Also enter on Line 7, Recapitulation) 4,447.83 100.000% 1,205.62 100.000% 3,955.55 100.000% TAXABLE VALUE 3,634.41 4,447.83 1,205.62 3,955.55 13.243_d~ trc more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule G (Rev. 6-98) REV-1757 EX+(10-06) COMMQ~~~D~pENN~y N ANIA SCHEDULE H FUNERAL EXPENSES ~ ADMINISTRATIVE COSTS ~J~r~~ yr Finui, Wilma Debts of decedent must be reported on Schedule I. ITEM DESCRIPTION A. FUNERAL EXPENSES: See continuation schedule(s) attached B• ADMINISTRATIVE COSTS: 1 • Personal Representative's Commissions Name of Personal Representative(s) Street Address City State Zio Year(s) Commission paid 2. I Attomev's Fees Hazen Elder Law 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Frank Finui Street Address 23 Wiltshire West City Carlisle State PA zio 17015 Relationshio of Claimant to Decedent SDOUSP_ 4. ~ Probate Fees Register of Wills AMOUNT 16,900.37 13,800.00 377.50 5• ~ Accountant's Fees 6. I Tax Return Preparer's Fees 7• Other Administrative Costs See continuation schedule(s) attached TOTAL (Also enter on line 9, Recapitulation) FILE NUMBER 21-10-0460 12,265.04 as__ta~ o~ Copyright (c) 2009 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 10-06) SCHEDULE H FUNERAL EXPENSES AND ADMINISTRATIVE COSTS continued tSTATE OF Finui, Wilma FILE NUMBER 21-10-0460 ITEM NUMBER DESCRIPTION Funeral Exne n AMOUNT 1 , es Alpine Beverage -refreshments for funeral 98.14 2 Coal Miners Cafe -family funeral dinner 477.28 3 Giant Foods -food and refreshments for family during funeral 220.68 4 Hoffman Funeral Home 12,326.12 5 Indian Lake Golf Club -funeral dinner 597.05 G Somerset County Memorial Park -cost of gravemarker 2,895.00 7 Somerset Floral Co. -flowers for funeral 159.00 8 Wine 8 Spirits Store - -for funeral luncheo n 127.10 H-A Other Adminictrativ rostc 16,900.37 9 AAA -fee to retire license plate for auto 2.00 10 Closing Costs on sale of real property - as per attached Agreement of Sale 8,337.00 11 Cumberland Law Journal -estate notice 75.00 12 David Finui, Executor -Travel costs from Central City, PA to Carlisle, PA to probate decedent's est t a e. 209.17 13 Hazen Elder Law -postage and copy expenses 16.07 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 6-98) SCHEDULE H FUNERAL EXPENSES AND ADMINISTRATIVE COSTS continued tJIATE OF Finui, Wiima FILE NUMBER 21-10-0460 ITEM NUMBER DESCRIPTION AMOUNT 14 Met Ed -electric utility -maintained June -Dec., 2010 while real property is being sold 123.15 15 Penn National Insurance -fire insurance premium being maintained while real property is 172.00 being sold 16 Property Management, Inc. -condo association dues being maintained May -December, 2010 while real property is being sold 1,167.25 17 Robert Cairns, Tax Collector -Real estate taxes for 2010 -paid while real property is being 1,173.02 sold 18 S & T Bancorp -checking acct. fee 2.00 19 S&W Barrett Reai Estate & Appraisal Services -fee for appraisal of real property 350.00 20 South Middleton Twsp. Municipal Authority -sewer & water maintained on real property June 216.60 - December, 2010 while being sold 21 The Sentinel -legal notice fee 219.40 22 UGI -gas utility -maintained May -Dec. 2010 while real property is being sold 202.38 H-B7 12,265.04 Copyright (c) 2002 form software only The Lackner Group, Inc. Form p,4-1500 Schedule H (Rev. 6-98) Rev-1512 EX+ (12-08) SCHEDULE 1 DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS COMMONWEALTH OF PENNSYLVANIA INHERRANCE TAX RETURN RESIDENT DECEDENT CJIAIt Vt Finui, Wilma FILE NUMBER 21-10-0460 Report debts incurred by the decedent prior to death that remained unpaid at the date of death, including unreimbursed medical expenses. ITEM NUMBER Carlisle HMA Physician Management 2 I Verizon Wireless -final telephone bill DESCRIPTION VALUE AT DATE OF DEATH 62.64 3.29 TOTAL (Also enter on Line 10, Recapitulation) I 65 93 (If more space Is needed, addltlonal pages of the same size) Copyright (c) 2009 form softvvare only The Lackner Group, Inc. Form PA-1500 Schedule I (Rev. 12-08) REV-1513 EX+ (11-08) COMA~~EA~D ~ D~YLVANIA SCHEDULE J BENEFICIARIES ESTATE O F Finui, W[Ima NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY I~ TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under Sec. 9116 a 1.2 1 Aaron Finui 1801 Butler Pike Apt. 80 Conshohocken, PA 19428 2 Briana Finui 129 E. 8th Ave. Conshohocken, PA 19428 3 Charles M. Finui 24 Wiltshire West Carlisle, PA 17015 4 David A. Finui 1185 Peninsula Dr. Central City, PA 15926 5 Tobias Finui 9629 Pendleton Dr. Highlands Ranch, CO 80126 II. 1 FILE NUMBER 21-10-0460 RELATIONSHIP TO DECEDENT SHARE OF ESTATE AMOUNT OF ESTATE (Words) ($$$) Grandchild 7% of the Residue Grandchild 7% of the Residue Child 39% of the Residue Child 39% of the Residue Grandchild 7% of the Residue Enter dollar amounts for distributions shown above on lines 15 throw h 18 on Rev 1500 cooer sheet as a I i NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAXIS NOT TAKEN B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS Nativity of the Blessed Virgin Mary Orthodox Greek Catholic Church 3,918.33 ~v~ra~ yr rnrcr ~~ - tNTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET 3,918.33 Copyright (c) 2009 form software only The Lackner Group, Inc. Form PA-1500 Schedule J (Rev. 11-08) REGISTER OF WILLS CUMBERLAND COUNTY PENNSYLVANIA CERTIFICATE OF GRANT OF LETTERS No . 2010- 00460 PA No . 21- 10- 0460 Estate Of : W/LMA F/NU/ /First, Midd/e, Lastl Late Of : CARL/SLE BOROUGH CUMBERLAND COUNTY Deceased Social Securi ty No: 362-30-4340 WHEREAS, on the 7th day of May 2010 an instrument dated January 8th 2010 was admitted to probate as the last will of W/LMA FINUI (First, Middle, Last/ late of CARL/SLE BOROUGH, CUMBERLAND County, who died on the 15th day of Apri 1 20I 0 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, GLENDA EARNER STRASBAUGH Register of Wills in and for CUMBERLAND County, in the Commonweal th of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to: DA V/D A FINU/ who has duly qualified as EXECUTOR(R/X) and has agreed to administer the estate according to law, all of which fully appears of record in my office a t CUMBERLAND COUNTY COURT HOUSE, CARL/SLE, PENNSYL VAN/A. IN TES'T'IMOnIY WHEP.EOF, I have hereunto set my hand and affixed the seal of my office on the 7th day of May 2010. * *NOTE* * ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST ) N c LAST WILL AND TESTAMENT _ ° -- ~`'~ J '. ~ o WILMA FINUI ~~ _ ~ ~; ~~, .. ~ rr; w ~:~ ~~ wo *~~ I, Wilma Finui, of Cumberland County, Pennsylvania, being of sound and disposing mind, memory, and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking all other Wills and Codicils heretofore made by me. FIRST I direct the payment of my debts and expenses of my last illness and funeral from my estate as soon after my death as conveniently maybe done. SECOND I give, devise, and bequeath all real and personal property owned by me at the time of my death as follows: 1. One percent (1 %) to the Nativity of the Blessed Virgin Mary Orthodox Greek Catholic Church of Jenners, PA; .~ ne percen o o F aron; PR; r~ 3. Twenty percent ~ to my surviving grandchildren, per stiipes; 4. Thirty-nine percent (39%) to my son, David A. Finui, per sti es. 5. Thirty-nine percent (39%) to my son, Charles M. Finui, per stiroes. If an heir under this paragraph has not attained the age of thirty (30) years at the time of my death, the share of that heir shall be held in trust for the benefit of that heir until he or she has vU WF Page ~ of Three attained the age of thirty (30) years. My Executor shall have the discretion either to create a separate Trust for each beneficiary, or to combine my bequests to beneficiaries who are in the same generation (or beneficiaries who are close in age but in different generations) into a single Trust. My Executor shall appoint the Trustee, who maybe the Executor himself/herself. The Trustee shall have the power to expend and apply so much of the net income and so much of the principal of each Trust as the Trustee shall consider advisable for the support, health, care and education of the each beneficiary until the youngest beneficiary of that Trust attains the age of twenty-two (22) years. When the youngest beneficiary of that Trust shall attain the age of twenty-two (22) years, one-third (1/3) of total corpus of the Trust remaining shall be distributed outright equally among the beneficiaries of that Trust who are then living, regardless of what amounts have been distributed previously. When the youngest beneficiary of that Trust shall attain the age of twenty-five (25) years, one-half (%2) of total corpus of the Trust remaining shall be distributed outright equally among the beneficiaries of that Trust who are then living, regardless of what amounts have been distributed previously. When the youngest beneficiary of that Trust shall attain the age of thirty (30) years, the remaining principal and accumulated income of total corpus of the Trust shall be distributed outright equally among the beneficiaries of that Trust who are then living, regardless of what amounts have been distributed previously. No beneficiary or remainderman of this Trust shall have any right to alienate, encumber, or hypothecate his or her interest in the principal or income of the Trust in any manner, nor shall any interest be subject to claims of his or her creditors or liable to attachment, execution, or other processes of law. ~ ~ Page ~ of Three WF THIRD My hereinafter named executor shall pay all inheritance, state, succession and legacy taxes to which my estate maybe subject and charge such tax as part of the expense of administration, payable out of my residuary estate. FOURTH I nominate, constitute and appoint my son, David A. Finui, Executor of this my Last Will and Testament. In the event of his renunciation, death, resignation or inability to act for any reason whatsoever, I nominate, constitute and appoint my son, Charles M. Finui, Executor of this my Last Will and Testament. I hereby relieve my Executor, whether original, substitute, or successor, from the necessity of posting security or bond in connection with his/her duties as such in any jurisdiction in which he/she maybe called upon to act so far as I am able by law to do so. My Executor shall receive reasonable compensation for services rendered to my estate. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament, consisting of three (3) typewritten pages, the first two (2) of which bear my initials in the margin for the purpose of identification this ~_ day of ~`t'-~ ~ ~".~ ,~ , 2010. .~~ ct, ~~,~!~c,c.t.c.t,_, (SEAL ) WILMA FINUI ~~ Page ~ of Three WF In our presence, the above-named Testatrix signed this and declared it to be her Will, and now, at her request, in her presence, and in the presence of each other, we sign as Witnesses. ~~ TODD o of 1 q (•tt~ (GC ~ ~ . ~ ~ 1 T~ F P K1 c.~55S ~ 9(~~~us~iy~ of ~°9 ~ /~'t C~ ~f]/ Qmy i~oi~v/£sS 7~ C:\client folders\Finui epdox 20091Finui Wilma will 20100102.rtf 4ot«lr-. f frs- SELLER'S ESTIMATED COSTS This ~ ~,,.~ „a.~~a rar tw o« Od tO utt dY. ~ mo,bea orgK Puuuyly~ ~ PROPERTY o f~LTORS-(PAR). SELLER t ~ 'c - L t_~ ~. ~ ~ lam: ~ t_~ w} 4~ 1 w u ~ ~~.(~. _ (7d f <1 PURCHASE PRICE $ ~ z ~ ~ t1( ) . 1. Broker's Fee `~ 3~ . % + $345.00 2. Preparation of Deed 3 $ ,r.7 ~.5 . Transfer Tax 4 S ' ~ ~!~ $ 1 ~ ~. . eller s AssisdCredit to Buyer $ 5. Home Warranty $ 6. Municipal Certification(s) $ 7. Certificate of Resale (CondominiumiHorneowner's Association) $ 8. Settlement Fee ~ 9. Notary Fees $ 10. Survey $ ~~ ` 11. On-lot Sewage System Ptunping $ 12. Property Repairs $ 13. Tax Certifications $ 14. OvetnightlExpress Mail Charges $ 15. Domestic Lien Search ~ ` $ 16. "Patriot Act" Seazch $ 17.Other $ 18.Other $ ESTIMATED COSTS (subtotal) $ Adjustments (+~_) (e.g., real estate taxes, association fees, utilities) $ ~~ Q~ $ 1 TOTAL ESTIMATED COSTS/ADJUSTMENTS .Purchase Price $~7, f $ ~ Total Estimated Costs/Adjustments (from above) $ ~ G'r ~ ~ ESTIMATED PROCEEDS (before loan payoffs) $ $~ ~ S7 Seller's Estimate of Mort a es, $ t ` ~ ~ f 3 g g Equity, and Other Loan Balances (including prepayment penalties), liens, assessments, etc. ESTIMATED NET PROCEEDS TO SELLER $ ~ ~ ~~ ~ D u~-k The estimated proceeds do not take into account any other undisclosed mortgage obligations, liens, assessments 'ud ~ f 3 3 1 3 /~ZI ~```"c% or other obligations levied against the Property or Seller. > J gments ij='i,:R;,g Seller understands that the estimated costs stated above aze based on the best information available at signing and y ~ t z'C higher or lower at settlement. (~ Seller understands and has received a co ~ ~ py of these estimated closing costs before signing the Agreement of Sale. ~ ! j ~~ z63 v J' SELLER ~-,r--~_ SELLER DATE ,k ~~ ~~ ~,a SELLER DATE DATE BROKER. (Company Name) PROVIDED BY (Licensee) zuvrf DATE _ ..Z, ~' r~ COPYRIGHT PENDtSYWANIA ASSOCIATION OF REALTORS@2005 l : J-~ _~ rr -%. '; 7.,; L, err t (.:. STANDARDAGREE !~_~.. ;,~.-t< << 1~;, :-,« , r's-:r MENT FOR THE SALE OF REAL ES/I'ATE This form recommended and approved for, but not restricted to use by, the members of the Pennsylvania Rscociation of REALTORSGii (pAR~ ASR PARTIES BUYER(S): ,;'.~~.; 1) ~ ~ 1-'c.' u-` ~~ SELLERS 5 rV ~ f' 6~-c~ ~ ,t ,> BUYER'S MAILING ADDRESS: ~ .7 1_f ~-^ (~ EJ 1-'r Z ~ iv "j^ s! 'S,A¢AILING AD~RESS• ~ ~ r t vc dZ a c'L -~.'{-. d~.._"~C ,~-.,F~ . /'.¢rt ~ ~-, ..~ PROPERTYADDRESS ~ ~ ~~< cCJ~' ~ t PROPERTY --'- in the municipality of ~ ~ ____ ZIP >~'% / in the School District of { ~ -~- -- ,County ofl"i! ~t~ t'ti- r~ , Identification (e.g., Tax ID #; Parcel #; Lot, Block; Deed Book, Page, Recordin Date): ~ !n the Commonwealth of Pennsylvania. BUYER'S RELATIONSHIP WITH PA LICENSED BROKER ^ No Business Relationship (Buyer is not represented by a broker) Broker (Company) ---. - ~ •'~ (P ~ Licensee(s) Company Address ~ ~ l L..~.; _ '~ ~'~ t~.~-~-~" Direct Phone(s) `? i"j- 2..(s`7- /e~c~~ Company Phone --7 t . ~ ~ S `~' ~{~ Cell Phone(s) '1 - -z _ (s ~_ ~ 7-"~-t - i l~m1 I L D J Con;~any Fax Fax ~ 1 Z,1 !o y Z l~"I • ~ 1- Z z-a= 4- Email_ f ! 1 c B1-ok;:r is: _ Z t~ ~ ~. ~+ (~c~ --r ti, T Licensee(s) iris: ~~~ ' ^ Buyer Agent (Broker represents Buyer only) [~ual Agent (See Dual and/or Designated Agent box below) ^ Buyer Agent with Designated Agency ^ Buyer Agent without Designated Agency [~~ual Agent (See Dual and/or Designated Agent box below) ^ Transaction Licensee (Broker and Licensee{s) provide real estate services but do not represent Buyer) JJ/LL@%R'S RELATIONSHIP WITH PA LICENSED BROKER ^ No Business Relationship (Seller is not represented by a broker) Broker (Company) ~, , ,.~ ~, ,~#-~ G I _., _ i , . Company Address_ ~ 0 'i? v d D -~~~ t Direct Phone s 1 1--~d~~yLt ~- ~i 5 ~.~s. ~'( 72~j Cell Phones ()-~ (-~'Z.~i' j - (7 [, Company Phone t 1 --Z Z-ln7 ~ ~~. Fax () - t ~ ^ CQ l Company Fax ~ ! 7 -- ~ /,.? t f ~ ` 'Z - (Q Broker is: Email ~_~~~ ~ ~ ~ ^ Seller Agent (Broker represents Seller only) Licenseels~ ls. Dual Agent (See Dual and/or Designated Agent box below ^ Seller Agent with Designated Agency (~~/"Seller Agent without Designated Agency ^ Transaction Licensee (Broker and License s ' ~• Dual Agent (See Dual and/or Designated Agent box below) e() provide real estate services but do not represent Seller) DUALAND/OR DESIGNATEDAGENCY A Broker is a Duat Agent when a Broker represents both Buyer and Seller in the same transaction. A Licensee is a Dual Agent when a Licensee represents Buyer and Seller in the same transaction. All of Broker's licensees are also Dual Agents UNLF,SS there are se crate Designated Agents for Buyer and Seller. If the same Licensee is designated for Buyer and Seller, the Licensee is a Dual Agent. P if applicable. By signing this Agreement, Buyer and Seller each acknowledge having been previously informed of, and consented to, dual a enc g Yr 3uyer Initials: '~ / ' ~? .4SR Page 1 of t ! Revised 1/10 Seller tnitials~ COPYRIGHT PENNSYI,VANIAAS,SOClATION OF RE.4I.TORS6~2010 !/10 Licensee(s) (Name) ' 1' ~p t~ ig ~greernent, D~1teD __ 1 2 J z t J ! ~ '- Seller hereby agrees to sell and convey to Buyer, who agrees to purchase, the identifed Property. 3 2. PURCHASE PRICE AND DE)' SITS (1-10 ' (A) Purchase Price $ f~ ~;r= 1 ~i:... ,.~._•;,,:.~---r-~:... :-r , s c~ t___~ H ±~.~ ti- c U 7 1. Deposit at signing of this Agreement: -- U.S. D~Ilars), to be paid by Buyer as follows: a 2. Deposit within days ofthe Execution Die of this Agreement: $ ~~ ~~ `~ $ . 5 ~~ . 1° 4. Remaining balance will be paid at settlement. ~~~~ ~~ P"~ i~ (B) All funds paid by Buyer, including deposits, will be paid by check, cashier's check or,wired funds. All funds paid by Buyer '2 within 30 DAYS of settlement, including funds paid at settlement, wiltb a by cashier's check or wired funds, but not b 13 sonal check. y per- ° (C) Deposits, regardless ofthe form of payment and the person designated as payee, will be paid in U.S. Dollazs to Broker for Seller ~' (unless otherwise stated here: 16 who will retain deposits in an escrow account in conformity with all applicable laws and regulations until consummation or ter- 17 urination of this Agreement. Only real estate brokers are required to hold deposits in accordance with the rules and regulations of 's the State Real Estate Commission. Checks tendered as deposit monies may be held uncashed pending the execution of this 19 Agreement. zo 3. SELLER ASSIST (If Applicable) (I-I O) 27 Seller will pay $ .- ~ ... Z2 Buyer's costs, as permitted by the mortgage lender, if any. Seller is only obligated to pay up to the amount or perctenta e w ).toward '-3 approved by mortgage lender. 24 4. SETTLEMENTAND POSSESSION (1-10) g htch is Zs (A) Settlement Date is (B) Settlement will occur In the county where the Pro , or before if Buyer and Seller agree. 27 Buyer and Seller agree otherwise. ~'~''s located or In an adjacent county, during normal business hours, unless 2s (C) At time of settlement, the following will be pro-rated on a daily basis between Buyer and Seller, reimbursing where applicable: 29 current taxes (see Notice Regazding Real Estate Taxes); rents; interest on Mort 3u owner association fees; water and/or sewer fees, together with any other lienable mun cipals ervi efees. All hargesswi~(dbe pra 31 rated for the period(s) covered. Seller will pay up to and including the date of settlement and Buyer will pay for alt days follow- 3z it~g settlement, unless otherwise stated here: 33 39 35 36 37 33 39 ao 1; l2 (D) Conveyance from Seller will be by fee simple deed ofspecial warranty unless otherwise stated here: (E) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here: (F) Possession is to be delivered by deed, existing keys and physical possession to a vacant Pro broom-clean, at day and time of settlement, unless Seller, before signing this A reement has ide fled in wri nls~that the Pro cares subject to a lease. g g perry is (G) If Sellerhas identifiedin writingthat the Propertyis subjectto a lease, possessionis to be delivered by deed, existingkpys ?nd assignmentof existing leases for the Property,togetherwithseeurity deposits and interest, if any, at day and time of settlement. Seller wi II not enter into any new leases, nor extend existing leases, for the Property withoutthe written consent of Buyer. Buyer will acknowledgeexistinglease(s) by initialingthe leasee{s) at the execution of this Agreement, unless otherwisestated in this Agreement. ^ Tenant-Occupied Property Addendum (PA)}t Form TOP) is attached. 5. DATESfTIME IS OF THE ESSENCE (I-10) (A) Written acceptance of all parties will be on or before: ~ +~ (` ~ ~ ( Z ~+ i 0 (B) The Settlement Date and all other dates and times identified for the performance of any obligations of this Agreement are ofthe essence and are binding. (C) The Execution Date of this Agreement is the date when Buyer and Seller have indicated full acceptance of this Agreement by sign- ing and/or initialing it. For purposes of this Agreement, the number of days will be counted from the Execution Date, excluding the day this Agreement was executed and including the last day ofthe time period. All changes to this Agreement should be ini- tialedand dated. (D) The Settlement Date is not extended by any other provision of this Agreement and may only be extended by mutual written agree- ment ofthe parties. (E) Certain terms and time periods are pre-printed in this Agreement as a convenience to the Buyer and Seller. All pre-printed terms and time periods are negotiable and may be changed by striking out the pre-printed text and inserting different terms acceptable to all parties. ZONING (I-10) Failure of this Agreement to contain the zoning classification (except in cases where the property {and each parcel thereof, if subdi- vidable} is zoned solely or primarily to permit single-family dwellings) will render this Agreement voidable at Buyer's option, and, if voided, any deposits tendered by the uyer will be returned to the Buyer without any requirement far court action. Zoning Classification: ~c5 i ~~ `ar'tiT i ,i~-- C, w 6. Buyer Initials: X ` ~~ j ASR Page 2 of 11 Revised Il10 Seller Initials: /~~ ! 65 7. FIX'CLIRES AND PERSONAL PROPERTY (1-10) sh (A) INCLUDED in this sale are all existing items permanently installed in the Pro 67 plumbing; heating; radiator covers; lighting fixtures (including chandeliers and cei~ling~fans); pool and spa equipment (including 6s covers and cleaning equipment); electric animal fencing systems (excluding collazs); garage door openers and transmitters; tele- 69 vision antennas; unpotted shrubbery, plantings and trees; any remaining heating and cooking fuels stored on the Property at the time ?° of settlement; smoke detectors and carbon monoxided etectors; sump pumps; storages heds; fences; mailboxes; wall to wall 71 carpeting; existing window screens, stornt windows and screen/storm doors; window covering hardware, shades and blinds; 7z awnings;b uilt-in air conditioners; built-in appliances; the range%ven, unless otherwise stated; and, if owned, water treatment sys- 73 terns, propane tanks, satellite dishes and security systems. A. so include t t'N - Cz. vi l 7a v $-C ~ ~ C.t~, ' ¢.fi- Ct~ ! -' ~ { ~ Y „~ '~ .S 7 CI t'1 ~ ~ e~ L~ 1 S LL1 c~,S ~ v ,. Crv L~; ct ~ ltc n . ~ / ' - .I- 7s {B) The following items are LEASED (riot owne by eller). Contact the provider/vendor for more inf rmation (e.g., water treatment ~t 76 systems, propane tanks, satellite dishes and security systems): 77 (C) EXCLUDED fixtures and items: 78 _ 79 g. MO~2TGAGE CONTINGENCY (l-f0) -- so c~ WAIVED. This sale is NOT contingent on mortgage financing, although Buyer may obtain mortgage financing and/or the par- ai ties may include an appraisal contingency. 82 ^ ELECTED. a3 (A) This sale is contingent upon Buyer obtaining mortgage financing according to the following terms: sa Fi t M rs ortgage on the Property Second Mortgage on the Property ss Loan Amount $ Loan Amount $ se Minimum Term years s7 "Ij~peofmortgage Minimum Term years 38 Loan-To-Value (LTV) ratio: 7'Ype of mortgage 89 For non-FHA/VA loans LTV ratio not to exceed Loam-To-Value (LTV) ratio: 90 % For non-FHA/VA loans LTV ratio not to exceed Mortgage lender Mortgage lender _ 91 92 Interest rate %; however, Buyer agrees to accept the 93 interest rate as may be committed by the mortgage lender, not 9+ to exceed a maximum interest rate of %. 9S Discount points, loan origination, loan placement and other fees 96 charged by the lender as a percentage of the mortgage loan (exclud- 97 ing any mortgage insurance premiums or VA funding fee) not to 98 exceed % (0% if not specified) of the mortgage loan. 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 %. Discauntpoints,loan origination,loan placementand otherfees chazgedby the lenderas a percentageof the mortgageloan (exclud- ingany mortgageinsurancepremiumsor VA fundingfee) not to exceed % (0% if not specified} of the mortgage loan. 99 (B) The interest rate(s) and fee(s) provisions in Paragraph 8(A) are satisfied if the mort a e lende s wives B ~°o antes the interest rate(s) and fee(s) at or below the maximum levels stated. If lender(s) gives Buyer the right to lock in the in~e ar- ~or est rate(s), Buyer will do so at least 15 days before Settlement Date. Bu er Ives Seller the ri ~oz as permitted by law and the mortgage lender(s), to contribute financially, without promise of reimbursememteto thelBuye rand/or tos ~ the mortgage lender(s) to make'the above mortgage term(s) available to Buyer. 16'' (C) Within days (7 ifnot specified) from the Execution Date ofthis Agreement, Buyer wilt make a completed, written mort- tos gage application (including payment for and ordering of appraisal and credit reports without delay, at the time required by toy lender(s)) for the mortgage terms and to the mortgage lender(s) identified in Paragraph 8(A), if any, otherwise io a responsible 107 mortgage lenders} of Buyer's choice. Broker for Buyer, if any, otherwise $roker for Seller, is authorized to communicate with toe the mortgage lender(s) to assist in the mort tog (D) Buyer will be in default of this Agreement if Bayerfurnishes false information to anyone concerning Buyer's financial t to and/or employment status, fails to cooperate in good faith with processing the mortgage loan application (including delay of ~ ~ I the appraisal), fails to lock in interest rate(s) as stated in Paragraph S(B}, or otherwise causes the lender to reject, refuse to rrz approve or issue a mortgage loan commitment- tt3 (E) I. Mortgage Commitment Date: _ ~;•l~~- t tr promptly deliver a copy of the commitment to Seller. Upon receiving a mortgage commitment, Buyer will tis 2. If Seller does not receive a copy of the mortgage commitment(s) by the Mortgage Commitment Date, Seller may terminate ti6 this Agreement by written notice to Buyer. Seller's right to terminate continues until Buyer delivers a mortgage commitment ri7 to Seller. Until Seller terminates this Agreement, Buyer is obligated to make agood-faith effort to obtain mortgage financing. i is 3. Seller may terminate this Agreement by written notice to gayer after the Mortgage Commitment Date ifthe mortgage commitment: i r9 a. Does not satisfy the terms of Paragraph 8(A), OR tzo b. Contains any condition not specified in this Agreement (e.g., the Buyer must settle on another ro tzi received by the lender, or the mortgage commitment is not valid through the Settlement Date) thatps not satisfied and/orst be tzz removed in writing by the mortgage lender(s) within 7 DAYS after the Mortgage Commitment Date in Paragraph iz3 8(E)(I), or any extension thereof, other than those conditions that are customaril satisfied at or near settlement e. tza obtaining insurance, confirming employment). Y (g•~ izs 4. If this Agreement is terminated pursuant to Paragraphs 8(E)(2) or (3), or the mortgage loan(s) is not obtained for settlement, izs all deposit monies will be returned to Buyer according to the terms of Paragraph 22 and this Agreement will be VOID. Buyer iz7 will be responsible for any costs incurred by Buyer for any inspections or certifications obtained according to the terms of 12$ this Agreement, and any costs incurred by Buyer for: (1) Title search, title insurance and/or mechanics' lien insurance, or any 129 fee for cancellation; (2} Flood insurance, fire insurance, hazard insurance, mine subsidence insurance, or any fee for cancel- ~3° latio (~ A~praisal fees and charges paid in advance to mortgage lender(s). P'-- j) 3 ~ Bu er Initials: d/ ~ , (~ ~r , ASR Page 3 of 11 Seller Initials: Revised 1/10 ---------/--_--__.__- • ,3z (F) !f the mortgage lender(s), or a ro e p p try and casualty insurer providing insurance required by the mortgage lender(s), requires 133 repairs to the Property, Buyer will, upon receiving the requirements, deliver a copy of the requirements to Seller. Within $ ts4 DAYS of receiving the copy of the requirements, Seller will notify Buyer whether Seller will make the required repairs at Seller's 135 expense. t35 l . If Se!!er makes the required repairs to the satisfaction of th.e mortgage lender and/or insurer, Buyer accepts the Property and 137 agrees to the RELEASE in Paza ra h 2 tsa 2. If Seller will not make the regtii~ dpepairsf ort f Seller fa Is to respond within the stated time, Buyer will, within 139 DAYS, notify Seller of Buyer's choice to: 14+1 a. Make the repairs/improvements at Buyer's expense, with permission and access to the Property given by Seller, which 14' will not be unreasonably withheld, OR t4z b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of '-13 Paragraph 22 of this Agreement. ld.t If Buyer fails to respond within the time stated in Paragraph $(~(2) or fails to terminate this Agreement by written notice tas to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Para t46 graph 24 of thicAgreement. 1~7 (G) It is expressly agreed that notwithstandingany otHhe~ovisionpofth s contract, Buyer will not be obligated to complete the pur- taa chase of the Property described herein or to incur any penalty by forfeiture of a est money deposits or otherwise unless Buyer t a9 has been given, in accordance with HUD/FHA or VA requirements, a wri statement by the Federal Housing Commissioner, tso Veterans Administration,or aDirect Endorsement Lendersettin fottll the appraised value of the Pro 1st $ g, tsz (the Purchase Price as stated in this Agreement). Buyer will have the pry i ge and opt on 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 mortgage the De 's+ warrant the value nor the condition of the Pro pent of Housing and Urban Development will insure. HUD does nat tss are acceptable. perty. Buyer should satisfy himself/herselfthaf the price and condition of the Property ''~ Warning: Section 1010 of Title 18, U.S,E., Department of Housing and Urban Development and Federal Housing 157 Administration Transactions '~ makes, passes, utters or publishresylariy~'sta~menteknowing thesame to be false shal~be ned undelr faction of such Department, is9 more than two years, or both." /' his title or imprisoned not 160 (N)U.S. Department of Housin and Urban Development (HUD) NOTICE TO PURCHASERS: Buyer's Acknowledgement 161 ^ Buyer has received th UD Notice "For Your Protection: Get a Home Inspection." Buyer understands the im t62 getting an independ t home inspection and has thought about this before stgntng this Agreement. Buyer understands that 163 FHA will not per rm a home ins eciion nor uarantee the rice or condition of the Pro portance of 16-1 (I) Certification W he undersigned, Seller(s) and Bu er s p ~~"' t65 for purchase are a to the best of our knowledge and belief, and that anytother agreement a feted into by anysof these parties 166 in connection with this transaction is attached to this Agreement. 167 9. SELLER REPRESENTATIONS(1-10) 168 (A) Radon Testing and Remediation (See Notice Regarding Radon) 169 Seller has no knowledge about the presence or absence ofradon unless checked below: 70 ~ ^ l . Seller has knowledge that the Pro 71 perry was Tested on the dates and by the methods (e.g, charcoal canister, alpha track, etc.), which produced the results indicated below: 7Z Date Type of Test 73 Results (picoCuries/liter or working levels) Flame ofTesting S~f;,ice 74 75 ^ 2. Seller has knowledge that the Property had radon removal system(s) installed as indicated below: '6 Date Installed ~ Type of System Provider Copies of all available test reports will be delivered to Buyer with this Agreement. Seller does not warrant the meth- ods or the results ofradon tests. (B) Status of Water Seller represents that the Property is served by: Public Water ^ Community Water ^ On-site Water ^ None ^ (C) Status of Sewer Se1Jer represenu that the Property is served by: 0' Public Sewer D Community Sewage Disposal System ^ Ten-Acre Permit Exemption (see Sewage Notice 2) D Individual On-lot Sewage Disposal System (see Sewage Notice 1 ^ Individual On-lot Sewage Disposal System in Proximity to Well (see Sewage Noti a lasee(Sewage Noticeo4 if applicable) ^ None (see Sewage Notice 1) D NoneAvailable/Permit Limitations in Effect (see Sewage Notice 5) (D) Historic Preservation Seller is not aware of historic preservation restrictions regazding the Pro e p rty unless otherwise stated here: Buyer Initials'-~C~~ ~ .1 ~ ~' ASR Page 4 of 11 Revised 1/10 Seller Initials: ~9s (E) ^ Property, or a portion of it, is preferentially assessed for tax purposes under the following Act(s) (see Notices Regarding Land 1996 Use Restrictions): 197 ^Farmland and Forest Land Assessment Act (Clean and Green Program; Act 319 of 1974; 72 P.S. § 5490.1 et seq.) 19R ^Open Space Act (Act 442 of 1967; 32 P.S. § 5001 et seq.) ~~`~ ^ Agricultural Area Security Law (Act 43 of 1981; 3 P S. §901 et seq.) zu° ^ Other zo, (F} Seller represents that, as of the date Seller signed this Agreement, no public improvement, condominium or homeowner associa- zo2 lion assessments have been made against the Property which remain unpaid, and that no notice by any government or public z°3 authority has been served upon Seller or anyone on Seller's behalf, including notices relating to violations of zoning, housing, zoa building, safety or fire ordinances that remain uncorrected, and that Seller knows of no condition that would constitute aviola- zo: lion of any such ordinances that remain uncorrected, unless otherwise specified here: zoo 2°~ (G) Seller knows of no other potential notices (including violations) and/or assessments except as follows: zos 209 (H) Access to a public road may require issuance of a highway occupancy permit from the Department of Transportation. 21° 10. WAIVEROFCONTINGENCIES (9-OS) 21 ~ If this Agreement is contingent on Buyer's right to inspect and/or repair the Property, or to verify insurability, environmental 2i2 conditions, boundaries, certifications, zoning classification or use, or any other information regarding the Property, Buyer's zls failure to exercise any of Buyer's options within the times set forth in this Agreement is a WAIVER of that contingency and 21a Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 of this Agreement. 215 I1. INSPECTIONS (1-10) (See Notices Regarding Property and Environmental Inspections) 216 (A) Rights and Responsibilities 217 1. Seller will provide access to insurers'representatives and, as may be required by this Agreement or by mortgage lender(s), to zts surveyors, municipal officials, appraisers and inspectors. All parties and their real estate licensee(s) may attend any inspections. 219 2. Buyer may make apre-settlement walk-through inspection of the Property. Buyer's right to this inspection is not waived by zzo any other provision of this Agreement. '721 3. Seller will have heating and all utilities (including fuel(s)) on for all ins ections/a 223 4• All inspectors, including home inspectors, aze authorized by Buyer to provide ap o ofan ~ isals. 5. Seller has the right, u n u PY Y ~ pection Report to Broker for Buyer 22i po req est, to receive a free copy of any inspection Report from the party for whom it was prepared. (B) Buyer waives or elects at Buyer's expense to have the following Inspections, certifications, and investigations (referred to as zzs "Inspection" or "inspections") performed by professional contractors, home inspectors, engineers, architects and other properly z:c licensed or otherwise qualified professionals. If the same inspector is inspecting more than one system, the inspector must com- t27 ply with the Home Inspection Law. (See Notice Regarding the Home inspection Law) zzs (C) For elected Inspection(s), Buyer will, within the Contingency Period(s) stated in Paragraph 12(A), complete Inspections, obtain any 229 Inspection Reports or results (referred to as "Report" or "Reports"), and acce t the Pro z3° Written Corrective Proposal(s) to Seller, according to the terms of Paragraph 12(B). perty't erminate this Agreement,o r submit a 231 Home/Property Inspections and Environmental Hazards (mold, etc.) 232 Elected Buyer may conduct an inspection of the Property's structural components; roof; exterior windows and exterio aived 233 / doors; exterior siding, Exterior Insulation and Finish S stems fasci y~ 234 Y a, gutters and downspouts; swimming pool, JL~/-~-j hot tubs and spas; appliances; electrical systems; interior and exterior plumbing; public sewer systems; heating and z3s cooling systems; water penetration; electromagnetic fields; wetlands and flood plain delineation; structure square 23~ footage; mold and other environmental hazards e. fun u' etc.}; and any other items Buyer may select. If Buyer elects~to have a homelinspect otn of the pound storage tanks, 23s the Home Inspection Law, the home inspection must be performed by a full member in good standing of a national 239 home inspection association, or a person supervised by a full member of a national home inspection association, in zao accordance with the ethical standazds and code of conduct or practice of that association, or by a properly licensed zit or registered engineer or architect. (See Notice Regarding the Home Inspection Law) z'- Wood Infestation 1~3 Elected Buyer may obtain a written "Wood-Destroying Insect Infestation Inspection Report" from an inspector certified as aived '~a / awood-destroying pests pesticide applicator and will deliver it and all supporting documents and drawin s rovid-~~ ~ n 'a' ed by the inspector to Seller. The Report is to be made satisfactory to and in compliance with applicable aws,mort- -~~r~ t46 gage lender requirements, and/or Federal Insuring and Guaranteeing Agency requirements. The Inspection is to be " limited to all readily-visible and accessible areas of al! structures on the Pro as perry, except fences. Ifthe Inspection reveals active infestation(s),Buyer, at Buyer's Expense, may obtain a Proposal from awood-destroying pests pes- ~9 ticide applicator to treat the Property. If the Inspection reveals damage from active or previous infestation(s), Buyer may obtain a written Report from a professional contractor, home inspector or structural engineer that is limited to sz structural damage to the Property caused by wood-destroying organisms and a Proposal to repair the Property. Radon Elected Buyer may obtain a radon test of the Property from a certified inspector. The U.S. Environmental Protection / r.~Vaived ~ Agency (EPA) advises corrective action if the average annual exposure to radon is equal to or higher than 0.02,~.~~ jam;; ` " working levels or 4 picoCuries/liter (4pCi/L). '~ Water Service ~~ Elected Buyer may obtain an Inspection of the quality and quantity of the water system from a properly licensed or ived .x / otherwise qualified water/well testing company. If and as required by the inspection company, Seller, at Seller's ~~~ i~~ '~ expense, will locate and provide access to the on-site (or individual) water system. Seller wilt restore the Property ~~ ° to its:previous con- ditian, at Seller's expense, prior to settlement. ' •~~ ~ Buyerlnitials: ~~~~/ k ~;,, -- - - --'~l-'~ ASR Page 5 of 11 Setter Initials: / Revised 1/10 ~~~- ------ -- zez On-lot Sewage (If Applicable) z~ Elected Buyer may obtain an Inspection of the individual on-lot sewage disposal system from a ualified '~~ ~ inspector. If and as required by the inspection company, Seller, at Seller's expense, will locate, provide access to,~~vg ~ ;, ''-~s and empty the individual on-lot sewage disposal system. Seller will restore the Property to its previous condition, ~ zG~ at Seller's expense, prior to settlement. See paragraph 12(C) for more information regarding the Individual On-lot zG7 Sewage Inspection Contingency. z~s Property Insurance ze9 Elected Buyer may determine the insurability of the Property by making application for property and casualty insurance for z7° ~ the Property to a responsible insurer. Broker for Buyer, if any, otherwise Broker for Seller, may communicate with aived ~ '73 the insurer to assist in the insurance process. If the Pro e nz carry flood insurance at Buyer's expense, which may need to be orde~reddl4 days o rtnore p or to Sett ement Date a to ~L1 z'3 Property Boundaries z~a Elected Buyer may engage the services of a surveyor, title abstractor, or other qualified professional to assess the legal aived z'S ~ description, certainty and location of boundazies and/or quantum of land. Most Sellers have not had the Pro ~~ 27~ surveyed as it is nota requirement of ro '' ' z,~ p perry transfer in Pennsylvania. Any fences, hedges, walls and other natura ~! ~ ~ ~1~ orc onstructed barriers may or may not represent the true boundary lines of the Property. Any numerical represen- z7s cations ofsize of ro „~ p perry are approximations only and may be inaccurate. Deeds, Restrictions and Zoning zs° Elected Buyer may investigate easements, deed and use restrictions (including any historic preservation restrictions or ordi zs~ ~ nances) that apply to the Pro e p rty and review local zoning ordinances. Buyer may verify that the present use ofthe arve zsz Property (such as in-law quarters, apartments, home office, day care) is permitted and may elect to make the za3 l9• Agreement contingent upon an anticipated use. Present use: zsa Lead-Based Paint Hazards (For Properties prior to 1978 only) zss Elected Before Buyer is obligated to purchase a residential dwelling built prior to 1978, Buyer has the option to conduct a zs6 ~ risk assessment and/or inspection of the Property for the presence of lead-based paint and/or lead-based paint haz-~i a v~d } '87 ands unless Buyer waives that right. Regardless of whether this inspection is elected or waived, the Residential ~ /~ z~+ Lead-Based Paint Hazard Reduction Act requires a Seller of ro ~,~` ~~, zs9 Buyer with an EPA-approved lead hazards information pamph e, t tit d Pr tet Your Famly from vLead hn z'w Your Home, along with a separate form, attached to this Agreement, disclosing Seller's knowledge of lead- z~' based paint hazards and any lead-based paint records regarding the Pro e z9z Residential Lead-Based Paint Hazard Reduction Act) p rty (See Notices Regarding z9s Other zva Elected ?95 / '- aived ~ q~ ~~ ~'~ !97 The Inspections elected above do not apply to the following existing conditions and/or items: s9s :99 ~o0 12. INSPECTION CONTINGENCY (1-10) 01 (A) The Contingency Period is days (I O if not specified) from the Execution Date of this Agreement for each Inspection elect- oz ed in Pazagraph 11(C), except the following: 03 Inspection(s) ~+ Contingency Period ~.~ la days ,~ days days ~ (B) Except as stated in Paragraph 12(C), if the result of any Inspection elected in Pazagraph l 1 {C) is unsatisfactory to Buyer, Buyeis '~ will, within the stated Contingency Period: ° 1. Accept the Property with the informationstated inthe Report(s)and agreeto the RELEASE in Pa-'agraph24 ofthis Agreement,OR ~ 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of z Paragraph 22 of this Agreement, OR 3 3 • Pr+ccent the Report(s) to Seller with a Written Corrective Pro + The Proposal may, but is not required to, include the name(s~of a(proP per~iy li~cen~d or q~ Pnofe~s$ on~al(s) totperform~he cor- rections requested in the Pro sal Po ,provisions fore ayment, including retests, and a projected date forc ompletion of the correc- tions. Buyer agrees that Sellerw ill not be held liable forc orrections that do not comply with mortgage lender or governmental requirements ifperformed in a workmanlike manner according to the terms of Buyer's Proposal. a. No later than days (5 if not specified) from the end of the Contingency Period(s), Seller will inform Buyer in writ- ing that Seller will: (1) Satisfy afl the terms of Buyer's Proposal(s), OR (2) Not satisfy all the terms of Buyer's Proposal(s), OR (3) Negotiate a mutually acceptable written agreement with Buyer, providing for any repairs or improvements to the Property and/or any credit to Buyer at settlement, as acceptable to the mortgage lender, if any. b. If Seller agrees to satisfy the terms of Buyer's Proposal or Buyer and Seller enter into a mutually acceptable written agree- ment, Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 of this Agreement. ~ ( ,. Buyer tnitials:.X~%.-?S~~ ,Y °'- " --- '~~'~ ASR Page 6 of l I Seller Initials: }( Revised 1/ltl -`---------/---------- 3z~ c. !f Seller chooses not to satisfy all the terms of Buyer's Proposal and if Buyer and Seller do not enter into a mutually 3zs acceptable written agreement, or if Seller fails to choose any option within the time given, Buyer will, within 329 (2 if not specified): days 330 (1) Accept the Property with the information stated in the Report(s) and agree to the RELEASE in Paragraph 24 of this 331 Agreement, OR 332 (2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms 333 of Paragraph 22 of this Agreement. 33a If Buyer fails to respond within the time stated in Paragraph l2(B)(3)(c) or fails to terminate this Agreement by 335 written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 336 24 of this Agreement. 337 (C) If a Report reveals the need to expand or replace the existing individual on-lot sewage disposal system, Seller may, within 33s days (25 if not specified) of receiving the Report, submit a Proposal to Buyer. The Proposal will include, but not be Limited to, the 339 name of the company to perform the expansion or replacement; provisions for payment, including retests; and a projected com- 3ao pletion date for corrective measures. Within 5 DAYS of receiving Seller's Proposal,or if no Proposal is providedwithin the 3» stated time, Buyer will notify Seller in writing of Buyer's choice to: 3az 1. Agree to the terms of the Proposal, accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement, OR 3a3 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of 34t Paragraph 22 of this Agreement, OR 3as 3. Accept the Property and the existing system and agree to the RELEASE in Pazagraph 24 of this Agreement. If required by any 346 mortgage lender and/or any governmental authority, Buyer will correct the defects before settlement or within the time required by say the mortgage lender and/or governmental authority, at Buyer's sole ex nse with 3~s Seller, which may not be unreasonably withheld. If Seller denies Bu erg perm~sston and access to the Property given by 349 may, within 5 DAYS of Seller's denial, terminate this Agreeme t by eivritten~ notiance torSe~llerswith al d post monieesB eytumed 3su to Buyer according to the terms of Paragraph 22 of this Agreement. 3S1 If Buyer fails to respond within the time stated in Paragraph 12(C) or fails to terminate this Agreement by written notice 3n to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement. 353 13. NOTICES, ASSESSMENTS AND MUNICIPAL REQUIREMENTS (1-10) 35a (A) in the event any notices, including violations, and/or assessments are received after Seller has signed this Agreement and before ass settlement, Seller will within S DAYS of receiving the notices andlor assessments provide a copy of the notices and/or assess- 356 mentS to Buyer and will notify Buyer in writing that Seller will: 3s~ 1. Fully comply with the notices and/or assessments, at Seller's expense, before settlement. If Seller fully complies with the ass notices and/or assessments, Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 of this Agreement, OR 359 2. Not comply with the notices and/or assessments. If Seller chooses not to comply with the notices and/or assessments, or fails 3~o within the stated time to notif Bu er whether Seller will corn I Bu er will notify Seller in writin within 5 DAYS y y P Y~ Y g 361 that Buyer will: 3sz a. Comply with the notices and/or assessments at Buyer's expense, accept the Property, and agree to the RELEASE in 3~ Paragraph 24 of this Agreement, OR 3~a b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of ;~-' _ Paragraph 22 of this Agreement. r~ rf Buyer tails to respond within the tirrie stated in Paragraph 13(Ax2) or fails to terminate this Agreement by written notice sc~ to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement_ 16a (B) If required by taw, within 30 DAYS from the Execu±ic^ Da*_e ofthis Agreement, but in no case later than 15DAYS prior ;s9 to Settlement Date, Seller will order at Seller's expense a certification from the appropriate municipal department(s) disclosing ~~o notice of any uncorrected violations of zoning, housing, building, safety or fire ordinances and/ar a certificate permitting occu- ~~ panty of the Property. tf Buyer receives a notice of any required repairs improvements, Buyer will promptly deliver a copy of n the notice to Seller. 73 1. Within 5 DAYS of receiving notice from the municipality that repairs/improvements are required, Seller will deliver a ~; copy of the notice to Buyer and notify Buyer in writing that Seller will: 75 a. Make the required repairs improvements to the satisfaction of the municipality. If Seller makes the required 76 repairs/improvements, Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 of this Agreement, OR b. Not make the required repairs improvements. If Seller chooses not to make the required repairsrmprovements, Buyer will ~a notify Seller in writing within 5 DAYS that Buyer will: (1) Make the repairs/improvements at Buyer's expense, with permission and access to the Property given by Seller, which to will not be unreasonably withheld, OR ;1 (2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms z of Paragraph 22 of this Agreement. 3 If Buyer fails to respond within the time slated in Paragraph 13(B)(1)(b) or fails to terminate this Agreement by written notice to Seller within tha! time, Buyer wilt accept the Property and agree to the RELEASE in Paragraph 5 24 of this Agreement, and Buyer accepts the responsibility to perform the repairs/improvements according to the e terms of the notice provided by the municipality. ~ 2. If Seller denies Buyer permission to make the required repairs/improvements, or does not provide Buyer access before s Settlement Date to make the required repairs/improvements; Buyer may, within 5 DAYS, terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of Paragraph 22 of this Agreement. 3. If repairs improvements aze required and Seller fails to provide a copy of the notice to Buyer as required in this Pazagraph,S eller will perform all repairs/improvements as required by the notice at Seller's expense. Paragraph 13(Bx3) will survive settlement. ' ASR Page 7 of 1 I ~~ ' Revised 1/10 Buyer initials _~ _,,._.`.i,~ / ~' ~;~~; Seller Initials: ~ • 393 14. CONDOMINIUM/PLANNED COMMUNITY (HOMEOWNER ASSOCIATIONS) RESALE NOTICE (1-10) 394 Pro erty is NOT a Condominium or part of a Planned Community unless checked below. 395 [~CONDOM[NIUM. The Property is a unit of a condominium that is primarily run by a unit owners' association. Section 3407 of the 396 Uniform Condominium Act of Pennsylvania (see Notice Regarding Condominiums and Planned Communities) requires Se[lert o 397 famish Buyer with a Certificate of Resale and copies of the condominium declaration (other than plats and plans), the bylaws and 39s the rules and regulations of the association. 399 ^ PLANNED COMMUNITY (HOMEOWNER ASSOCIATION)_ "I'he Pro 40o perry is part of a planned community as defined by the Uniform Planned Community Act (see Notice Regarding Condominiums and Planned Communities). Section 5407(a) of the Act 401 requires Seller to furnish Buyer with a copy of the Declaration (other than plats and plans), the bylaws, the rules and regulations 402 of the association, and a Certificate containing the provisions set forth in section 5407(a) of the Act. 4a3 THE FOLLOWING APPLIES TO PROPERTIES THATARE PART OFA CONDOMINIUM ORA PLANNED COMMUNITY. 4U4 (A) Within I S DAYS from the Execution Date of this Agreement, Seller, at Seller's expense, will request from the association a aos Certificate of Resale and any other documents necessary to enable Seller to comply with the relevant Act. The Act provides that 40li the association is required to provide these documents within 10 days of Seller's request. 407 (B) Seller will promptly deliver to Buyer all documents received from the association. Under the Act, Seller is not liable to Buyer for 408 the failure of the association to provide the Certificate in a timely manner or for any incorrect information provided by the asso- ~+~ ciation in the Certificate. 410 (C) The Act provides that Buyer may declare this AgreementV OID at any time before Buyer receives the association documents and 411 for 5 days after receipt, OR until settlement, whichever occurs first. Buyer's notice to Seller must be in writing; upon Buyer 472 declaring this Agreement void, all deposit monies will ber eturned to Buyer according to thet erns of Paragraph 22 of this 413 Agreement. 414 (D) If the association has the right to buy the Property (right of first refusal), and the association exercises that right, Seller will reim- J1i burse Buyer for any costs incurred by Buyer for any inspections or certifications obtained according to the terms of the Agreement, alb and any costs incurred by Buyer for: (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; »' (2) Flood insurance, fire insurance, hazard insurance, mine subsidence insurance, or any fee for cancellation• 3 A 418 and chazges paid in advance to mortgage lender. , () ppraisal fees a~9 IS. TITLES, SURVEYS AND COSTS (1-ll)) azo (A) The Property will be conveyed with good and marketable title that is insurable by a reputable title insurance company at the reg- azl afar rates, free and clear of all liens, encumbrances, and easements, excepting however the following: existing deed restrictions; az2 historic preservation restrictions or ordinances; building restrictions; ordinances; easements of roads; easements visible upon the 423 ground; easements of record; and privileges or rights ofpublic service companies, if any. 424 (B) Buyer will pay for the following: (1) Title search, title insurance and/or mechanics' [ten insurance, or any fee for cancellation; azs (2) Flood insurance, fire insurance, hazard insurance, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fe•~s 42ti and charges paid in advance to mortgage lender; (4) Buyer's customary settlement costs and accruals. az~ (C) Any survey or surveys required by the title insurance company or the abstracting company for prepazing an adequate legal azs description of the Property (or the correction thereof) will be obtained and paid for by Seller. Any survey or surveys desired by az9 Buyer or required by the mortgage lender will be obtained and paid for by Buyer. a3o (D) [f Seller is unable to give good and marketable title than s insurable by a reputable title insurance company att he regular rates, as 43) specified in Paragraph 15(A), Buyer may terminate this Agreement by written notice to Seller, with alld eposit monies resumed to 43i Buyer according to the terms of Paragraph 22 of this A ruement. U 433 incurred by Buyer for any inspections or certifications obtained accordingnto the~fetms of this Ag7eement,a nd for those~'te s spec- 434 ified in Paragraph l5(B) items (1), (2), (3) and in Paragraph I S(C). a3s (E) Seller is aot aware of the status of oil, gas. and miners! rights for Property unless otherwise statcJ below. a36 Seller does not own all subsurface rights to the property. 437 Oil, Gas and Mineral Rights Addendum (PAR Form OGM) is attached. a3a (F) COAL NOTICE (Where Applicable) a39 THIS DOCUMENT MAYNOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHTS OF SUPPORT UNDERNEATH 44u THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL 44~ RIGHT TO REMOVE ALL SUCH COAL AND IN THATCONNECTION,DAMAGEMAYRESULTTOTHESURFACEOFTHELANDANDANYHOUSE, +~? BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. (This notlCe 1S Set forth in the manner prOVlded in Section I Of the ACt Of +43 July ] 7, 1957, P.L. 984.) "Buyer acknowledges that he may not be obtaining the right of protection against subsidence resulting 'a4 from coal mining operations, and that the property described herein may be protected from damage due to mine subsidence by a t45 private contract with the owners of the economic interests in the coat. This acknowledgement is made for the purpose of com- 146 plying with the provisions of Section l4 of the Bituminous Mine Subsidence and the Land Conservation Act ofApri127, 1966." X47 Buyer agrees to sign the deed from Seller which deed will contain the aforesaid provision. 48 (G) The Property is not a "recreational cabin" aS defined in the Pennsylvania Construction Code Act unless otherwise stated here (see 44 Notice Regarding Recreational Cabins): so 16. MAINTENANCE AND RISK OF LOSS (1-10) ~~ (A} Seller will maintain the Property, grounds, fixtures and personal property specifically listed in this Agreement in its present con- 52 dition, normal wear and tear excepted. ;3 (B) If any system or appliance included in the sale of Property fails before settlement, Seller will: *~ 1. Repair or replace the failed system or appliance before settlement, OR 2. Provide prompt written notice to Buyer of Seller's decision to: w a. Credit Buyer at settlement for the fair market value of the failed system or appliance, as acceptable to the mortgage lender, ~' i f any, OR x b. Not repair or replace the failed system or appliance, and not credit Buyer at settlement for the fair market v~elue of the 9 fa d~system or appliance. ~' ~ i u Buyer lnitials__~.~t!^' 1ra1 ASR Page 8 of I l ~~~ ~-"- Seller Initials: !_ Revised 1/10 -____._.._.--- ---___._-- ,6, 3. If Seller does not repair or replace the failed system or appliance or agree to credit Buyer for its fair -narket value, or if Seller a~z faits to notify Buyer of Seller's choice, Buyer will notify Seller in writing within 5 DAYS or before Settlement Date, aa3 whichever is earlier, that Buyer will: ~taa a. Accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement, OR acs b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the teens of asF Paragraph 22 of this Agreement. ab~ It Buyer fails to respond within the Time stated in Paragraph 16(B)(3) or fails to terminate this Agreement by written asa notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 24 of this a69 Agreement. ago (C) Seller bears the risk of loss from fire or other casualties until settlement. If any property included in this sate is destroyed and not -~~~ replaced prior to settlement, Buyer will: an 1. Accept the Property in its then current condition together with the proceeds of any insurance recovery obtainable by Seller, OR a~a 2. Terminate this Agreement by written notice to Seller, with all deposit monies retumed to Buyer according to the terms of a~a Paragraph 22 of this Agreement. ass 17. HOME WARRANTIES(1-10) a?~ At or before settlement, either party may purchase a home warranty for the Property from athird-party vendor. Buyer and Seller under- arr stand that a home warranty for the Property does not alter any disclosure requirements ofS eller, will not cover or warrant any pre- am existing defects of the Property, and will not alter, waive or extend any provisions of this Agreement regarding inspections or certifi- a~v cations that Buyer has elected or waived as part of this Agreement. Buyer and Seller understand that a broker who recommends a home asa warranty may have a business relationship with the home warranty company that provides a financial benefit to the broker. a9i 18. RECORDING (9-OS) ayz This Agreement will not be recorded in the Office of the Recorder of Deeds or in any other office or place of public record.lf Buyer ass causes or permits this Agreement to be recorded, Seller may elect to treat such act as a default of this Agreement. asa 19. ASSIGNMENT (1-10) ass This Agreement is binding upon the parties, their heirs, personal representatives, guardians and successors, and to the extent assigna- ase ble, on the assigns of the parties hereto. Buyer will not transferor assign this Agreement without the written consent of Seller unless asp otherwise stated in this Agreement. Assignment of this Agreement may result in additional transfer taxes. ass 20. GOVERNING LAW,VENUE AND PERSONAL JURISDICTION (9-OS7 ass {A) The validity and construction of this Agreement, and the rights and duties of the parties, will be governed in accordance with the a9u laws of the Commonwealth of Pennsylvania. a91 (B) The parties agree that any dispute, controversy or claim arising under or in connection with this Agreement or its performance by 49? either parry submitted to a court shall be filed exclusively by and in the state or federal courts sitting in the Commomvealth of a9a Pennsylvania. a9a 21. REPRESENTATIONS(l-]O) ;~ (A) All representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seller, Brokers, their a96 licensees, employees, officers or partners are not a part of this Agreement unless expressly incorporated or stated in this a9~ Agreement. This Agreement contains the whole agreement between Seller and Buyer, and there are no other terms, obligations, a9s covenants, representations, statements or conditions, oral or otherwise, of any kind whatsoever concerning this sale. This a9v Agreement will not be altered, amended, changed or modified except in writing executed by the parties. soo (B) Unless otherwise stated in this Agreement, Buyer has inspected the Property (including fixtures and any personal prop- sot erty specifically listed herein) before signing this Agreement or has waived the right to do so, and agrees to purchase the soz Property IN ITS PRESENT CONDITION, subject to inspection contingencies elected in this Agreement. Buyer acknowl- sos edges that Brokers, their licensees, employees, officers or Fa miners Gave not made an independent examinatioa ar deter- soa urination of the structural soundness of the Property, the age or condition of the components, environmental conditions, sos the permitted uses, nor of conditions existing in the locale where the Property is situated; nor Gave they made a mechan- sub teal inspection of any otthe systems contained therein. ~~ (C) Any repairs required by this Agreement will be completed in a workmanlike manner. ,oa (D) Broker(s) have provided or may provide services to assist unrepresented parties in complying with this Agreement. ;09 22. DEFAULT,TERMINATIONAND RETURN OF DEPOSITS (1-10) ~~~ (A) Where Buyer terminates this Agreement pursuant to any right granted by this Agreement, Buyer will be entitled to a return of all ~~ ~ deposit monies paid on account of Purchase Price pursuant to the terms of Paragraph 22(B), and this Agreement will be VOID. 12 Termination of this Agreement may occur for other reasons giving rise to claims by Buyer and/or Seller for the deposit monies. 13 to ($) Regardless of the apparent entitlement to deposit monies, Pennsylvania law does not allow a Broker holding deposit monies to is determine who is entitled to the deposit monies when settlement does not occur. Broker can only release the deposit monies: tc 1. If this Agreement is terminated prior to settlement and there is no dispute over entitlement to the deposit monies. A written ~~ agreement signed by both parties is evidence that there is no dispute regarding deposit monies. ~$ 2. If, after Broker has received deposit monies, Broker receives a written agreement that is signed by Buyer and Seller, direct- i9 ing Broker how to distribute some or all of the deposit monies. •~ 3. According to the terms of a final order of court. ' i 4. According to the terms of a prior written agreement between Buyer and Seller that directs the Broker how to distribute the z deposit monies if there is a dispute between the parties that is not resolved. (See Paragraph 22(C)) ! ` 1 Buyer Initials: , t- / ~ r "~ _~-~---- - -~---~~: ~---_- ASR Page 9 of 11 Seller Initials: / Revised 1/14 ----_ ----" Sz3 (C) Buyer and Seller agree that if there is a dispute over the entitlement to deposit monies that is unresolved 365 days after s's the Settlement Date stated in Paragraph S(A), or any written extensions thereof, the Broker holdin the de sz6 g posit monies will, with- in 30 days of receipt of Buyer's written request, distribute the deposit monies to Buyer unless the Broker is in receipt of verifi- i27 able written notice that the dispute is the subject of litigation.I f Broker has received verifiable written notice of litigation prior to sza the receipt of Buyer's request for distribution, Broker will continue to hold the deposit monies until receipt of a written distri- sz~> button agreementb etween Buyer and Seller or a finale ourto rder. Buyer and Seller are advised to initiate litigation for any por- s3o lion of the depositm onies prior to any distribution made by Broker pursuantt o this paragraph. Buyer and Seller agree that the sir distribution of deposit monies based upon the passage of time does not legally determine entitlement to deposit monies,a nd that c1z the parties maintain their legal rights to pursue litigation even after a distribution is made. s3a (D) Buyer and Seller agree that Broker who holds or distributes deposit monies pursuant to the terms ofParagraph 22 or Pennsylvania 53J law will not be liable. Buyer and Seller agree that if any Broker or affiliated licensee is named in litigation regazding deposit 535 monies, the attorneys' fees and costs of the Broker(s) and licensee(s) will be paid by the party naming them in litigation. 53h (E) Seller has the option of retaining all sums paid by Buyer, including the deposit monies, should Buyer: 537 1. Fail to make any additional payments as specified in Paragraph 2, OR say 2. Furnish false or incomplete information to Seller Brokers or an other a S39 ()> Y p rty identified in this Agreement concerning Buyer's legal or financial status, OR s~o 3. Violate or fail to fulfill and perform any other terms or conditions of this Agreement. ~r (F) Unless otherwise checked in Paragraph 22(G), Seller may elect to retain those sums paid by Buyer, including deposit monies: s4z 1. On account of purchase price, OR s43 2. As monies to be applied to Seller's damages, OR saa 3. As liquidated damages for such default. s~.5 (G) ~ SELLER IS LIMITED TO RETAINING SUMS PAID BY BUYER, INCLUDING DEPOSIT MONIES, AS LIQUIDATED s~w DAMAGES. s4~ (H) If Seller retains all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to Paragraph 22(F) or (G), soy Buyer and Seller are released from further liability or obligation and this Agreement is VOID. 549 (1) Brokers and licensees are not responsible for unpaid deposits. sso 23. MEDIATION (I-10) ssr Buyer and Seller will submit all disputes or claims that arise from this Agreement, including disputes and claims over deposit monies, ssz to mediation. Mediation will be conducted in accordance with the Rules and Procedures of the Home Sellers/Home Buyers Dispute ss3 Resolution System, unless it is not available, in which case Buyer and Seller will mediate according to the terms of the mediation sys- Ss+ tem offered or endorsed by the local Association of REALTORS®. Mediation fees, contained in the mediator's fee schedule, will be sss divided equally among the parties and will be paid before the mediation conference. This mediation process must be concluded before ssv any party to the dispute may initiate legal proceedings in any courtroom,w ith the exception of filing a summons if it is necessary to stop ss~ any statute of limitations from expiring. Any agreementr eached through mediation and signed by the parties wi116 a binding (see Notice ssy Regarding Mediation). Any agreement to mediate disputes or claitns arising from this Agreement will survive settlement. ss~ 24. RELEASE (9-OS) sso Buyer releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES and any S61 OFFICER or PARTNER of any one of them and any other PERSON, FIRM or CORPORATION who may be liable by or ~z through them, from any and all claims, losses or demands, including, but not limited to, personal injury and property dam- se3 age and all of.the consequences thereof, whether known or not, which may arise from the presence of termites or other wood- ~+ boring insects, radon, lead-based paint hazards, mold; fungi or indoor air quality, environmental hazards, any defects in the ass individual on-lot sewage disposal system or deficiencies in the on-site water service system, or any defects or conditions. on the sr~ Property. Should Seller be in default under the terms of this Agreement or in violation of any Seller disclosure law or regula- ~' lion, this rElers~ does not .a.~prive Buyer of ary righx to pursue any remedies that may be avaiiabte u:tder !aiv or eyuity. This ~y release will survive settlement. S69 25. REAL ESTATE RECOVERY FUND (9-0~ '~~ A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real sir estate licensee (or a licensee's affiliates) owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been sn unable to collect the judgment after exhausting ail legal and equitable remedies. For complete details about the Fund, call (7l7) 783- s~3 3658 or (800) 822-2113 (within Pennsylvania) and (717) 783-0854 (outside Pennsylvania). 574 26. COMMUNICATIONS WITH BUYERAND/OR SELLER (1-10) sus Wherever this Agreement contains a provision thatr equires or allows communication/delivery to a Buyer, that provision shallb a satis- 576 feed by communication delivery to the Broker for Buyer, if any, except for documents required to be delivered pursuant to S?7 Paragraph 14.I f there is no Broker for Buyert hose provisions may be satisfied only by communication/delivery being made direct- ly spy to the Buyer, unless otherwise agreed to by the parties. Wherever this Agreement contains a provision that requires or allows com- szv munication/delivery to a Sellert hat provision shall be satisfied by communication/delivery to the Broker for Seller,i f any.! f there is no ~y~ Broker for Seller, those provisions may be satisfied only by communication/delivery being made directly to the Seller, unless other- wise ~yt agreed to by the parties. saz 27. SPECIAL CLAUSES (1-10) >83 (A) The following are part of this Agreement if checked: Asa Sale & Settlement of Other Property Contingency Addendum (PAR Form SSP) ;ys Sale & Settlement of Other Property Contingency with Right to Continue Marketing Addendum (PAR Form SSP-CM) ~yd Settlement of Other Property Contingency Addendum (PAR Form SOP} x~ Short Sale Addendum to Agreement of Sale (PAR Form SHS) yy Appraisal Contingency Addendum (PAR Form ACA} $~ a _ _ 9U ^ - ---- ----- ---- )t "; a --- Buyer Initials: _. _~/ k~.~1 _._~ _ ASR Pa a 10 of i l '_--~-1-__-` _---_-J ~'` g Seller Initials. Revised 1/111 --"/ -'A-- S93 {B) Additional Terms: S94 Sys _SyG ,`iy7 59$ 599 G00 b01 602 603 604 605 GOG G07 cns G09 610 G11 G12 613 614 Gis Buyer and Seller acknowledge receipt of a copy of this Agreement at the time of signing. 616 This Agreement may be executed in one or more counterparts, each of which shalt be deemed to be an original and which coun- 617 terparts together shall constitute one and the same Agreement of the Parties. 61s NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Parties to this transaction are G79 advised to consult a Pennsylvania real estate attorney before signing if they desire legal advice. 62° Return of this Agreement, and any addenda and amendments, including reiurn by electronic transmission, bearing the signatures Gzs of all parties, constitutes acceptance by the parties. G22 ~~ / ~j~ ~ ~ Buyer has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code c24 ~~/ ~, ~, Buyer has received a statement of Buyer's estimated closing costs before signing this Agreement. G2s,~4 ~/~~}_~ Buyer has read and understands the notices aad explanatory information in this Agreement. 626 / ~ "~ Buyer has received a Seller's Property Disclosure Statement before signing this Agreement, if required by la?!~ 6z7 (see Information Regarding the Real Estate Seller Disc!os>>re Law). Gzs ~1 Q/~i~ Buyer has received the Deposit Money Notice (for cooperative sales when Broker for Seller is holding deposit Gz9 money) before signing this Agreement. ((}} ~~tj~ ~0 ~-~1 tJ/ ?_{? ~ ~ Buyer has received the Lead-Based Paint Hazards Disclosure, which is attached to this Agreement of Sale, and 63! the pamphlet Protect Your Family from Lead in Yo .xHom rope built prior to 1978) G3z WITNESS ~~-ti<zt ~ ~ a~ G.:~ii,te.u: BUYER X .r~~ DATE ~l - L/-/D ~ ~ G33 WITNESS r1- - ~ G~-~~`' ~ ~t BUYER ~1'• ~1 ti,;~ l~ti y~,r~, ) I~t ~- DATE / Z " Z ~ ~l~ i 63a WITNESS BUYER DATE 635 Seller has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code § 35.336. ,.16 Seller has received a statement of Seller's estimated closing costs before signing this Agreement. s37 Seller has read and understands the notices and explanatory information in this Agreement. :3E WITNESS SELLER ''o~..9cs~'~.:.,._ Eyes.. DATE'S EL 2,'Z ~a a9 WITNESS SELLER r~• _ DATE -~° WITNESS ~_ SELLER_ _ DATE ASR Page 11 of I I Revised 1/10 nib ~ ~- 0 ~ ~~'~'~ ~ ~ ~ G~ T _ ~ ~ " ~ ti F ~ ~'S ! tip. -. _ fi. ~ >r f ~'f f . ~ ~rx F- ~ ~ ` ~~ ~ ~ ~ CS L^ _ . ry Qua 1 ~, c..1 r ~ ~ ~ ~ ~ EE ~' lr ..Ie. ~ n ~ ~- ~ m ~ e ~ ~a a '1C ~ ~~ 7 -r ~ w ^ i "' ~~ y y ~ j r~} ~ ~ ~ tD _ W ~ . ~ ~~ .~ ~ ~~ 1 ~ '~- i +~ $ ' 1°, ~' f+~~ y d lea ~ ~ ~ ri. T ~ ..a si:' ~ A qa Q Q ~~ OlO 8 E s r~ ~ ~ n ~ ~ N N y 3 ~ ~i~ ti ~~~ ~.~~~~~ ~. ~~ :~ -- AJ ,~ ~; _~ 0 -e ~ .. m ~ ~, ,. `V ~ O C ~~`'",- ~~ C ~~ 'D 7y¢~_~ S ~~' } f ~ Y ,...3 'Tf :ft ~ '2 O ~ ~ 'T } LJt .. -•I tJj ""~ wef m ; C') ~ ~ w ~~ ~~ ro `chi ?s I ~ y. ~ (h 3 dig ~~~~ a- N ,~ ~i. ~ ~~~ ~ p~ 16 $x Q'~~~ W ~: w ., ~+ o w°° W N -W+ O LT "w w ~aarA-,~H ~c a~ ~~y~i~~C(~~71Q~¢~ N "r ~ r!t ~!~"~5~ PA .l Ls1 O yVy~ ¢¢aQQ~ < S -1 _~ ~?. ~. AY-21-2010 10:14 FCFC LEGAL ~.: tom,; ~o~~na~wea~th EXHI$TT "A" RE: DECEDENT: Wilma Finux SOCIAY, SECURITY NLJII~BER: XXX-~-4340 DATE OF DEATH: April 15, 2010 CHECKrNNC; ACCOLJI~TT Account Number: 0100903226 Tit1c: Frank ~'~tui uY~ue Fi~'ui Open and Joint Date: November 2, 1993 Date of Death. Balance: $7,906.12 Accrued Interest: $ 0.11 7244636820 P.003 CERTIFICATE OF DEPO IT- Account Number: '1.3300003302001 Title: Wig ~~ Open Date: JuJ<y 6,1991 Date of Death Balance: $4,4,44,82 Accrued interest: $ 3.01 sAVrNG AcCOVNT Account Number: 16 000008'x6 title: 1k F~ui ~~ Ftuui Open and Joint Date: July 30,1996 Date of Death ,balance: $5,363.05 Accrued Interest: $ 0.37 CERTIFiCAx'E OF DEPOSIT-IRA Account Number; X3300003301467 Title: Wilma Finui Open Datc: October b, X990 Date of Death Balance: $3,633.52 Accrued Interest: $ 0.89 SA1~E DEPOSIT )BOX Box No: None Tit1c: Location: CERTIFICATE OF DEPOSI'Y'-IrtA Account Number: ]3300003302654 Title: 'Wilma Finui Open Date: January 3,1991 17ate of Death Balance: $1,204.51 Accrued Interest: $ 1.11 CERTIFICATE OF DEPOSIT-IRA Account Number; X3450000003328 Title: 'Wilma Finui Open Date: Apri114, 1992 Date of Death Balance: $3,954.75 Accrued Interest: $ 0.80 Due to the Privacy Act, we are wnable to provide you witlZ the Beneficiary information that you requesters. TOTAL P.003 MRy-20-2010{THU) 10;22 .. . ~RRS'~'O`!I~IV. FIN~LNG SERVICES; :INC. ~.... '.' : A Trndetio-e May 20, 201 Q Ms. Marti S. Miller I iazen Elder Law 2000 Lin~lcstawn Road Suite 202 ~Iarrisbur~, PA 1711, 0 Fax 540-4313 Re: Estate of Wilma Finui Social Security Number 362-30-4340 Date of Death April 15, 2010 IT IS HERERSY CERT~YED THAT THE A.$OV,E NAMED DECEDENT, ON TIE ADOV,,Ta DATE, HAD TFl.L FOLLOWING ACCO~TNTS W1TH 4RRS2'OWN ~4NK.• cxECxN~ ,a c acr~rT Account No. - Account Type - Date Opened - Joint Account (name/date) - Balance - Accrued Interest - 146000221 50+ Interest Check 1/5/05 Frank Finui 1/S/05 $32,4$0.30 $.6? Account No. - Account Type - Date Qpened - Jaint Account (name/date) - Balance - Accrued Interest - 14600170$ 50+ Interest Check 10/15/09 None X5,303.2$ $.OI P. OD1/002 77 Est King Street, Shippensburg, Fermsyly~}~ 17257 MRy-20-2010(THU) 10:22 CERTIFICATE CF 17L~'POSI7' Account No. - Account Type - Date Opened - Joint Account (narrxe/date) - Balance -~ Accrued Interest - 4000005259 24-29 Month Growth 1/5/05 Frank Finui 1 / 5/ OS $17,790.37 $9.02 est Regards, Vicki L. Gullixon Customer Service Specialist P. 002/002 77 EElst King Street, Shippeneburg, Pennt;ylvani~~ 17257 FILE ~5 n ~ ~~~ ~J~`C~ ~ ~+~v~ ~1~~o2~4t~ ~ '( ~ ~`~~~ o ~ v~ ~L~n~ ~~ ~r~~ c i~\s PPPeJ~~~V{C~ ~oo~t~TS ~F f~~L ~D~StKdOU~ t~~~JU1St~1~7C1 DNC.~. `Cc~`Pl~ V d~~U~ ~ ~.1~`~D• . _ . . ~~,~ h16 r~.~c~c~S ~~~ ~U ~ l,~rlc'.~~ _ _ ~~-~ ~s f~ P~- t ~Zr~ 13 _.......... ___ Approiaals • Brokj-ngc • CounscH~ ~/ w Charles R. Strirtgfiellow REALTOR Repraewtwtive 124126 North llwnover Street Grliek, Pennsylvwnia 17813-2421 1 ~ Phone (717) 24.'S-f646 • FAX (717) 243-tt627 Residewce (717) 243-6747 i ~s S~ ~~1~~2`c _l ~ U~ ~~ ~ ~K~>?rrN~tt' ~ ~. ~`; ; _ ,~: 3eQRcr~v~. )_ ~~4t~, ~.tRT-!~l~,~M~,~UT ~e(~TF~~~. `i~U. ~Qp~x ~,~`" ~~~ Y~ L~Et ~~t~, ~E?b2 ~l.~l~~ ~ :V~L (~ CL-M~1iZ i ~11~E t~~t7c'~E~ ~C~~u~ k~ L i~~e~ l2°~.~ ~ ~2S S-~.~ ~,~ ~~~~~75 ~(k~u`c~~ , T2~_ __ __ ~~2 t`3 ox ~ p r~ .r~ c~c~ m ~`c`t'~, ~3 ~ ~~M~ ~~ u N Ca~3 i ~e-_ Coo ~ F Cu~i ~~~A r3cx~KC~s~~ (2) m +~~x (~w~ p t~ ~• ~~. ~, ~. ~_ ~~ '~ `~ ~ __ ~~ ~- _ 1`7 ... 1' i' ~~ 5 ~ ~ ~~ 75 50 ~o io y~S '~ oD