HomeMy WebLinkAbout05-05-11~ T
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~,~~~~ ~~: ~ ~: - ~ ;~~~~
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NO. 21-11-0011 ORPHANS' COURT ~ ~~
ESTATE OF LEWIE B. ANDERSON ~ `- a
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PETITION SEEKING COURT APPROVAL FOR GUARDIAN OF INCAPACITATED ~~~~ `-~='
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PERSON'S ESTATE TO SELL REAL PROPERTY BY PRIVATE SALE IN
ACCORDANCE WITH PENNSYLVANIA ORPHANS' COURT RULES 14.4 AND 12.10
TO THE HONORABLE JUDGE OF SAID COURT:
The Petition of Daren D. Anderson, Guardian for the estate and person of his father,
Lewie B. Anderson, represents that:
1. Petitioner, Daren D. Anderson, is an adult individual who resides at 691 South
82nd Street, Harrisburg, Dauphin County, Pennsylvania 17111.
2. On March 9, 2011, after a hearing, The Honorable J. Wesley Oler, Jr. appointed
Daren D. Anderson as guardian of the estate and person of Lewie B. Anderson, an
incapacitated person, and a bond was posted by Daren Anderson of $120,000.00 with AIA
Insurance acting as surety as required by the Court's Order of Appointment.
3. Lewie B. Anderson, age 82, is a resident at the Golden Living Center, 770 Poplar
Church Road, Camp Hill, Cumberland County, Pennsylvania and possesses little assets save
his real property which he owned jointly with his spouse, Violet Anderson, now deceased.
4. Lewie B. Anderson is now the sole owner in fee simple of real property located at
32 Southmont Drive, Enola, East Pennsboro Township, Cumberland County, Pennsylvania and
acquired the same by Deed dated September 16, 2002 and recorded in the Cumberland County
Recorder of Deeds Office at Deed Book 253 and Page 3199. This property has tax assessment
number 09-14-0835-184. A true and correct copy of the legal description is attached hereto as
Exhibit A.
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5. This Property was owned jointly as tenants by the entireties by Lewie Anderson
and his late wife, Violet Anderson; however, Violet Anderson died on April 13, 2011. A copy of
her Death Certificate if attached hereto as Exhibit B.
6. Daren D. Anderson petitions this Court so that he may sell the above-mentioned
real estate pursuant to Orphan's Court Rules 14.4 and 12.10.
7. A sale of the real estate is necessary since the real property mentioned above is
the only significant asset of the estate of Lewie Anderson.
8. This asset needs to be liquidated to pay for the ongoing medical care, treatment,
and board for Lewie Anderson at the Golden Living Center.
9. The above-mentioned real estate has been vacant since March 2010, and
medical testimony at the March 9, 2011 hearing confirms that Lewie Anderson wiNl remain
unable to return to the residence.
10. In accordance with Orphan's Court Rules, on May 2, 2011 a Notice of Sale was
sent to the persons in interest and heirs for the Lewie B. Anderson estate, which are his adult
and competent children: Petitioner Daren Anderson, Dwayne D. Anderson, Diane D. Coombe,
Deborah D. Nissley, and Damond D. Anderson.
11. Simultaneous with filing this Petition, a copy of this Petition and a proposed
Order was mailed to those above-listed persons in interest.
12. The real property has been listed for private sale with Real Estate Brokerage
Howard Hanna and with agent Todd Doyle, who is a licensed Real Estate Agent in the
Commonwealth of Pennsylvania.
13. An Agreement of Sale has been signed which would sell the property for
$134,900.00 to Todd J. Putt. A true and correct copy of the Agreement of Sale and ML.S listing
is attached hereto as Exhibit C.
14. Closing is to occur on or before June 29, 2011.
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15. The Buyers will bear all closing costs with Seller providing $4,500 ire Seller's
Assistance.
16. Taxes will be prorated as of the date of closing and the Seller will pay 1 % of the
transfer taxes.
17. The realtors' commissions are 6% of the total purchase price.
18. It is estimated that the mortgage on the property has apay-off figure of
approximately $70,639.88. This leaves approximately $64,260.12 in equity before settlement
costs. This figure is well below the $120,000 security already in place as discussed above. As
such, at this time, it is submitted that no additional security should be required.
19. Daren D. Anderson petitions this Court to issue a decree approving the sale of
said real property for the sum of One Hundred and Thirty-four Thousand Nine Hundred Dollars
($134,900.00), which your Petitioner believes is an excellent price for the property given its
current condition in the market and was the asking price suggested by the Realtor as referenced
in Exhibit C.
20. The recent assessed value of the property is One Hundred and Thirty-three
Thousand Two Hundred Dollars ($133,200.00) with tax parcel number 09-14-0835-184.
21. Since the property is the only asset of the estate not currently going towards the
incapacitated person's medical care, the estate does not have the funds nor time under the
Agreement of Sale to acquire two appraisals of the property as set forth in Cumberland County
Orphan's Court Local Rule 12.10(b) and asks this Honorable Court to waive strict roimpliance
with this requirement.
22. Instead, Petitioner offers the Affidavits of his agent Todd Doyle and Real Estate
Agent Jean M. O'Leary, both stating that the sale price is more than what would be c~arnered
through public sale consistent with Local Rule 12.10(b). Affidavits of the Realtors are attached
hereto collectively as Exhibit D.
23. Petitioner has also provided comparable listings for properties in the same
Townhome community for the Court's review. True and correct copies of the comparables are
attached hereto as Exhibit E.
24. These comparables show two homes with the same floor plan as property one
listed at $129,900.00 and the other listed at $131,000.00. A similar home to the property is also
provided and listed at $129,900.00.
25. Based upon this information provided, Petitioner prays that this Honorable Court
find the sale price of $134,900.00 reasonable.
WHEREFORE, Petitioner, Daren D. Anderson, respectfully requests this Court to issue a
Decree of Confirmation Nisi and approve the private sale of 32 Southmont Drive, Enola, East
Pennsboro Township, Cumberland County, Pennsylvania and authorize your Petitioner to
execute a Deed conveying the real property to Todd J. Putt for the sum of One Hundred Thirty-
four Thousand and Nine Hundred Dollars ($134,900.00).
Respectfully submitted,
Date: May 4, 2011
JOHNSON, DI~FFIE, STEWAi~T & WEIDNER
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By. .--~J° __
EI zab D. Snover
Attor e~ I . D. No. 200997
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for
Attorneys for Daren D. Anderson
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VER/F/CA TION
I, Daren D. Anderson, verify that the statements made in the foregoing Petition are true
and correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
Daren D. Anderson
Dated: ~ 3~- f
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Petition has been duly served upon the
following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne,
Pennsylvania on May 4, 2011:
Diane D. Coombe
744 Trevor Drive
Garner, NC 27529
Deborah D. Nissley
59 East Main Street
Mechanicsburg, PA 17055
Damond D. Anderson
426 Meadows Lane
Shermans Dale, PA 17090
Dwayne D. Anderson
8422 Timber Crest
San Antonio, TX 78250-4406
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Eliza eth . Snover
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EXHIBIT A
EXHIBIT "A"
ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro~, County of
Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the eastern legal right-of--way line of Southmont Drive, at the northwest
corner of Lot No. 37 on the hereinafter described Final Subdivision Plan; THENCE along the eastern
legal right-of--way line of Southmont Drive, North 18 degrees 26 minutes 00 seconds West, a. distance of
32.00 feet to a point at the southwest corner of Lot No. 35 on the hereinafter described Final Subdivision
Plan; THENCE along the southern line of said Lot No. 35, North 71 degrees 34 minutes 00 sE;cc-nds East,
a distance of 109.94 feet to a point on the western legal right-of--way of Courtney Lane; TH)=;NCE along
the western legal-right-of--way line of Courtney Lane, South 18 degrees 26 minutes 00 seconds East, a
distance of 32.00 feet to a point at the northernmost corner of Lot No. 37 on the hereinafter described
Final Subdivision Plan; THENCE along the northern line of said Lot No. 37, South 71 degrees 34 minutes
00 seconds East, a distance of 109.94 feet to a point on the eastern legal right-of--way line of Southmont
Drive, the point and place of BEGINNING.
CONTAINING 3,518.02 square feet, more or less.
BEING Lot No. 36, Section 3, on the Final Subdivision Plan of Laurel Hills North, Lot No. 3 and Lot
No. 4, dated June 1, 1992, revised August 5, 1996, and recorded in the Office of the Recorder of
Deeds of Cumberland County, Pennsylvania, in Plan Book 73, Page 65.
BEING improved with a townhouse dwelling known as 32 Southmont Drive.
SUBJECT TO an Easement for utility Installation and maintenance which is reserved on all lots and
such other easements, as may be shown in recorded documents, granted to Public Utility Companies for
utility purposes. Electric service will be supplied only from the underground distribution. system in
accordance with then current PP&L Company Tariff provisions.
UNDER AND SUBJECT, NEVERTHELESS to restrictions, easements, set-back lines and
conditions as now appear of record including, but not limited to, Declaration of Covenants and
Restrictions applicable to Final Submission Plan for Laurel Hills North Lots 3 and 4, Section 2,
Section 3, Section 4 and Section 5, East Pennsboro Township, Cumberland County,
Pennsylvania, dated March 25, 1994, and recorded in the Office of the Recorder of Deeds of
Cumberland County, in Miscellaneous Book 469, Page 568.
AND FURTHER UNDER AND SUBJECT to a five (5) foot pedestrian access easement across the
northern portion of the premises as shown on the above referenced Final Subdivision Plan.
EXHIBIT B
WARNING: It Is iti~gal to dupllca#~ thl~ Copy by pl~ta~to~tat or photograph.
i >Hee fn}• this certificate, ~6.UU
Certification Number
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'This is to certify that the inforr?lati~n hez~e given is
correctly copied. from az1 original Certificate of Death
.duly filed with zne as Lt3ca1 l~.egistrar. The origil~a~
certifr.cat:e will be I-orw~lyded to the ,~stat€:: ~/ital
~ecoz•ds Office for p~r:~nan~nt !'ding.
ocal egistrar Date. Isst3ed
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a3 REV 11!2006 ` COMMONWEALTH OF RENNSYLVANIA a DEPARTMENT OF HEALTH .VITAL RECORDS
E /POINT iN
IENNKr CERTIFICATE OF DEATH
(See instructions and examples on reverse)
STATE FILE NUMBER
5. Hama d Decoded (Fist, middle, last, audhJ
2. Sea 3: Soda! 9eaxdyNumber d. Doh at Dee1n (Monln, day, yeaQ
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.5 Age (teat eimdey) Under 1 r Urafer 1 der `6. Date d:6irm Mmm, der 7. aw and slab or lore) n oou Ha. Place d Oe~h Check one
My~ Hsun tamna M
• r .~ Yrs: ~ ~t:~' _ x ' 1 BrOnX y NY Hospital: rO-th~er~.
- v ^ IrpradeN . ^ ER I Oulpatlent ^ DOA LITNU Roma ^ ReWderce ^ Odler ~ $DSpA'
6b. Couny d Death &. Ciy, Boro, Twp, d Death &1, fadBry Nerve QI not Inedlutlon, give street and number) 9. Wee Decadent of )Aapenk 0. n7
- Twp ~ Q Yes 10. Repo: American Inds7n, Bieck, WNIe, el~
Cumberland East . PennsboYo ~ (d yea,epedycueen• (spaNyy)
~, ~ '~ $ Mexican Puerb Qican, etc.)
• 11. Decedent's Uawf don KIM of wok done dad most d ale. Do not stale retk 12. Wee Oecederri eve In 6a . lkoedmYe EtAaxdOn a'
(>~y ~y hit grade wmpbted) 14. Harriet Status: Marrbd, Never tdarded, 15. Smvluing Spouse pl wits, gore maiden namej
of Wark 10?d 9ualnesa/IndafN U,$..Amad Facee4 Ebnlantary l Seoondery (a12) . , Col id or 5f Widowed, Aroorcred (sr~hl
Homemaer Own -:~ome° ; p v~ ®~ 12 ~ ( ) Married
18: DecedsnYs Marring Address (SUaet, dyy taw, errata, zip oodej Decedem'a PA DId Dededent
Actwltieatdeixe na.State ast Pennsbbra;'
6 9 T ' S . '8 2nd . S tr-eat use b e nc. lxJ roe, Depdem LNed ~ T,~
70wnahlp? --
rri bu A 17111 - ,7b.coany Cumberland - nd.^rk,gepdamtwedwntttn
Aaw1 Umlk of '~ ;
f8. Feftaafa Name (f"Irel, rtddde, teal, sulbtt} Ciyf 8oro
1g. Madera Name (Flret, midde, maiden auname) -'
'Gustav Wieland ; Frieda Wild _
20e InlorrnanYa Name (Type;/ Print} 206. Idomanra MdGng Addreaa (SUee4 dyl(ovm, aorta, zip code) -'
"Doren D.'Anderson '' 691 S. 82nd. Street Harrisbur r PA 1711`1
- 21 a. Metlidd d piapoaidon , r ~ Gamatlal ^ ~~ 21b. Oete d DkposlUon (Honor, day, year) 21a Pkp of Dlspoottbn (Name of oeinatery, oremetary or other pboe) 21d, t.opdon (City/Town, state, rrp code)
^ sud.l ^ RemovellromStets ~ wascromatbr,or"uwr.dottArtthortad A r11 1 4 201 1 $FH Cremator
_^ odter - r by t~qi Exam 1Coroner4 Yee^ No p r Y G r a n t v i l l e, P A 1 7 0 2 8
,22a. ~ F LbarupY raa tuch) ` 22b. Lioenee Number <. ; : 22a Name aridAddress of FadN ,. , : -'- , .
y
- - ~. FO 01234'2-L Stone`: &>; MurrayF:H.; 408 3rd.St.,New Cumbe:rland,PA 17b70
ou Kona 23e< ony when artlyirq 23e. To o y ~orNedge, death ooeurred at IhshhUme, dale((a/n.^~'M, ~^pkes'skied. (SypnaNre eM tAle) 23b. Nunaar'
lcW t b not avalbde d time d deem ip .~ ~ ( ~vl. ~J ~ ' 23c. beua Signed (MOmh, deY. Yom)
oerdy'pase d deem. nA 1 /' _ ~O
C~~ri ';
- Items 2a-26 trawl M canpleted by parem 2,• d (Month, day, Year) ~ v f ` (,Gv f I ~ t 1.
( 2B. Were Case Rek to Medal Examiner.
25 b Prwtaarced Deed /Coroner ipr a eeson OIAer man Cremation a Daation9
- who pronounces deem ~ M.
Y ~ 1: , t ^ Yea No
`CAUSE OF DEATH (See InstnicUons eutd examples) t Approximab interval: Pad II: Ederofher 2il. Old iopacco Use Contdbak to Deam7 .
Item 27, Part I: Enbr the >~ of swots - d6eaeee, kr)<xbs, a eortpdcalbna met directly posed der deem.. DO Npi enter lermilai events such ea prdlse arrest, l t)nsel to Death bN not resu In the
reapkatary emlat, a wnldculer 1bd"elbn rt"tout showing der abobpy: List ola prxe an sack ono. r N^g ~dYbg rawe given In Pad L ^ Yes ^ Probably
IMM~~~~UTE CnUgE (pny daeaae a ~ _ _I~o <: ^ Urdewwn
conddion teaWYng h tleaml _~ , a J (..*.Pl ~!/f~/Q'~ ~ ~Si~wl~.. ~ ~i lS 2:i. rII- -Frem~ek:
Ow b, ere a ooraoqua of}: // I /!'~~ Isd~icoi pregnant vntlun past year
SaauMM canddana Y any b_ ~ G Lf' //1! `{ i 1 / ^ Pregnant al rime d death
badd~q b pose Ibted•on.bro a. ^ Not pregnant, but y
Enter lie UNDERLYING CAUSE Due b 49 a rxidse9uwaa ory: i pregnant with,n 42 der s
• (dleease orfnMsY oral lnkialad tM '
evaee ~eWtlt(ng deem).I.AST. ~ e. ~ ~ .. ' ~r ' ~' r ':: d death
+ Due b (or ea a canaeQuertce oQ: ' ~ ^ Not
d. pregnant, twtpregnent 43 days l0 1 year
r belore deem
30a: Wee an r ^ lkilaa7wn it pregnantwahh me:pasl year
Aulapay 30b. Wars Adopey FiMkga 31 Marvter of aam 32e. Date d Inlury (Manor, day, year) 32b. Describe Hav Inhtry 0aatned "'-"'
Padormod9 Available Prior b Canpbtloa ,..,,/ 32c: Placer of InJary Homo; Ferm, Sweat, Factory,
d Cause of Death9 L7 Natural ^ Homidde OdN:s BulWtig. sic. lSprkllYl
^ Yas ^ No ^ Acddam ^ PerMing Investlgsiton . hrN 32e. Jit•ury at Work4. 92L 11 TrensporpNan Inhsy (SPatNy) 3 Location or t
L!7 No ^ Yes 32A. Tina d In 2g n1wY (Street, dtY! town, slate)
^ SukWa ^ Could Not M Dalerm4ied M, ^ Yes ^ No ^ DrNer! Opereta ^ Paaengar ^ Pedeahbn
33a: CeNHer (dtedr any era) ^ Other • specMy, i
. Signaturo f caddbr
CerfNying phYakbn (Phyaklan carldytrg taros d deem yAten anomar physklan has pronaxtced death aM comPbtW Iran ~
ToiM beat M my.letow-edgs, deetFl ocraated due b 1M pues(a) and manner u ateted _ - ~ _ ~ ^ ~
• .:Pronouncing aM.eertgylrtg phyektart (Phyakien bdh pronoundrg deem aM eeANyitp'to. eauae d death) 33c. NtnrtMr 33dI Date Siprad lMonJq. day
io the Mat of mY WtexdedW; tMam oceurred at the rime, data aM piece, aM due b the eauea(s) and mannN» ateted_ _ _ - _ _ _ Z / , Y•etl
'y~ r
• MedixlExamkaryCOroner ----------- t~GY~37~J /~y ~dll
On the Mah d axaminadon aM / or Invaadgadon, to my oplnbn, death ooeurrod at the time, date, and pba, and dw to the eauaa(a) aM manner se atatad_ ^ 3a. NN~amsye Addroe, al Parso/n~°//fed Cause d beam (Item 27) Type / Prht
Regbuefs Slgne gamd N / . 3 / OZ / . 36. Deb Faad (tdonm, MY. Neal ~~~ / ~' "- - wsG ~C. /~p
Olspodtbn Perrrdl No. _O ~ /y ~~ ~~
EXHIBIT C
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STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE AsR
_ 7 his firm recommended and appro~•ed For, but not ~slrioted to ux by. the members oflhe Pennsytvania Association of RSALT'ORS~ iF'AR1.
PARTIES
ER{S): Todd J Putt ~~~ - ~-~-----
SELLER(S): Lc? ~.., ~ 5...-.~.~c~: saw ~ ~~f l~~ a F'
BUYER'S MAILING ADDRESS: ~"~"----~---
SELLER`S MAILING ADDRESS; -__.._._....._____._~._.._,._.~
9 Crooked Dr
Enola PA 17025 -
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- __ PROPERTY
PROPERTY ADDRESS --.------_.____._.__...__-._._.._ ...
32 Southmont Dr
Enala PA 17025 ZIP '-
in the municipality of East Pennsbor0 , Coun of - '
in the School District of ty Cumberland
East Penn , in the Conunonwealth of Pennsylvania
~ Identification (e.g., Tax 1D #; Parcel #: Lot, Block; Deed Book, Page, Recording Date):
-
ER'S RELATIONSHIP WITH PA LICENSED BROKER
~l No Business Relationship (Buyer is not represented by a broker)
tlroker (Company) Century 21 Piscioneri
Company Address 3315 MArket Street
Camp Hiil, PA 17011
Company Phone 717-737-2121
Company Fax 717-737-7138
Broker is:
(Buyer Agent {Broker represents Buyer only)
Dual Agent {See Dual and~or Designated Agent box below)
^ Transaction Licensee (Broker and Licensee(s) pr<
Licensee(s) (Name) Cal Williams
Direct Phone(s) -
Cell Phone(s) -
Fax -
Emai 1 -
Licensee(s) is: -
^Buyer Agent with Designated Agency
~! Buyer Agent without Designated Agency
^ Dual Agent (See Dual and/or Designated Agent box below)
wide real estate services but do not represent Buyer)
SELLER'S RELATIONSHIP ~'ViTH PA LICENSED BROKER
No Business Relationship {Seller is not represented by a broker)
Broker (Company) Howard Hanna Licensee(s) (Name) ~o~ ~~~ ~
Company Address _ _ 4079 Derry S# Direct Phone(s) 7I ~ - 8'~ ~ -~ 1 3 (e -
Harrisbufd, PA 17111 Cell Phone{s) S ~g-,,..,cam -
CompanyPhone '7 ~ 7- ~"G y-7S~ 7 Fax 7 t 7 - 5" y - U ~~ 3 .
Company Fax ~ l ~ - S"l~ a f - 1~ 3 ~ ~ Email '-L.~~loy~ 2.2 ~ L.. ~ ,--.u ~ ( - c~c~ w.
Broker is: Licensee(s) is:
Seller Agent (Broker represents Seller only) ^ Seller Agent with Designated Agency
Dual Agent (See .Dual and/or Designated Agent box below) Seller Agent without Designated Agency
Dual Agent (See Dual and/or Desi aced A,
gn ge.nt box below}
Transaction Licensee (Broker and Licensee(s) provide real estate services but do not represent Seller;}
_.
DUAL AND/OR DESIGNATED AGENCY
A Broker is a Dual Agent when a Broker represents both Buyer and Seller in the same transaction. A Licensee is a Lh~ail Agent when a
Licensee represents Brayer and Seller in the same transaction. All ofBroker's licensees are also Dual Agents UNLES~~ there are separate
Designated Agents for Buyer and Seller. If the same Licensee is designated for Buyer and Seller, the Licensee is a Dual Agent.
By signing this Agreement, Buyer and Seller each acknowledge having been previously informed of, and consented to, dual
agency, if applicable. ~
,
_ _ _ _-
$uyerInitials: ASR Page 1 of 11 Seller Initials• /'~
...____...._..__.._.,.. Revised 1/10 ' ~~~~~tti~
~~ I Pennsylvania Association of REALTORS` COPYRICHTPEfYNSYLYA,'~1AASSOCIATIU:~~DFIREALTORSC~2010
l:10
Fvrm QenerxLad by: Trve Forms° www_TrueForms.com 8q0-ggg_g61~
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~p t~ji~ ~~reeinent, dated Aril 28 2011
Seller hereby agrees to sell and convey to Buyer, »•ho agrees to purchase, the identified Property. M~ '
PURCHASE PRICE AND DEPOSITS (1-10)
(A) Purchase Price $ ~3~- 9t36:'~ij' ; ~ ~ ~ O~
~~oC„c~ ~~ r ~"5`~`'-1 -•~ ~L'.S. Dollars), to be paid bar Buyer as follows:
1. Deposit at signing of this Agreement:
2. Deposit within 3 days of the Execution Date of this Agreement: $ -'
3. $ _ 1000.t}0
4. Remaining balance will be paid at settlement. "`~~"'-"~-"" $-_-
(B} All funds paid by Buyer, including deposits, will be paid by check, cashier's check or wired funds. All funds paid by Buver
within 3t} DAYS of settlement, including funds paid at settlement, will be by cashier's check orwired funds, but not by per-
sona[ check.
(C) Deposits, regardless of the form of payment and the person designated as payee, will bye paid in U.S. Dollars to Broker for Seller
(unless otherwise stated here:
who will retain deposits in an escrow account in conformity with all applicable laws and regulations until consummation or ter-
mination of this Agreement. Onty real estate brokers are required to hold deposits in accordance with the n~les and regulations of
the State Real Estate Commission. Checks tendered as deposit monies may be held uncashed pending the execution of this
Agreement.
SELLER ASSIST (If Applicable) {I-10)
Seller will pay $ ,,.g.~.8g e~~-Qlj `-'r'-
Buyer's costs, as permitted by the mortgage fender, if any. Seller is only obligated to payf uputo the amouno o • pE~r entagedwhi h is
approved by mortgage lender.
SETTLEMENT AND POSSESSION {]-10)
(A) Settlement Date is June 29 2011 , or before if Buyer and Seller agree.
(H) Settlement will occur in the county where the Property is located or in an adjacent county";'2lffrrng normal t~usiness hours, unless
Buyer and Seller agree otherwise.
(C} At time of settlement, the following will be pro-rated on a daily basis between Buyer and Seller, reimbursing where applicable:
current taxes (see Notice Regarding Real Estate Taxes); rcnts; interest on mortgage assumptions; condominiwn fees and home-
owner association fees; water and/or sewer fees, together with any other lienable municipal sen•ice fees. All charges will be pro-
rated for the period(s) covered. Seller will pay up to and including the date of settlement and Buyer will pay for all days follow-
ing scttlement, unless otherwise stated here;
(D) Conveyance from Seller will he by fee simple deed of special warranty unless otherwise stated here: _
(E) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here:
3e (F) Possession is to be delivered by deed, existing keys and~physical possession to a vacant Property free of debris, with all structures
3s broom-clean, at day and time of settlement, unless Seller, before signing this Agreement, has identified in writing ttlat the Property is
4o subject to a lease.
42 (G) If Seller has identified in writing that the Property is subject to a tease, possession is to be delivered by deed, existing keys and
assignment of existing leases for the Property, together with security deposits and interest, if any, al day and time of settlement. Seller
~ will not enter into any new leases, nor extend existing leases, for the Property without-the written consent of Buyer. Buyer will
`~ acknowledge existing lease(s) by initialing the lease(s) at the execution of this Agreement, unless otherwise stated in this Agreement.
a5 Tenant-Occupied Property Addendum (PAR Form TOP) is attached.
as 5. DATESPI'IME IS OF THE ESSENCE (1-10)
47 (A) Written acceptance of al[ parties wilt be on or before:
48 A ri129 2011 _
(H) The Settlement Date and all other dates and times identified for the performance of any obligations of this Agreement are of the
as essence and are binding.
50 (C) 7'he Execution Date of this Agreement is the date when Buyer and Seller have indicated full acceptance of this Agreement by sign-
s1 ing and/or initialing it. For purposes of this Agreement, the number of days will be counted from the Execution Date, excluding
52 the day this Agreement was executed and including the last day of the time period. All chaages to this Agreement should be ini-
53 fisted and dated.
54 {D) The Settlement Date is not extended by any other provision of this Agreement and may only be extended by mutual written agree-
55 ment of the parties.
5s (E) Gain terms and time periods are pre-printed in this Agreement as a convenience to the Buyer and Seller. All pre-printed terms
s7 and time periods are negotiable and may be changed by striking out the pre-printed text and inserting different terms acceptable
5e to aU parties.
ss 6. ZON)fNG {1-10)
so Failure of this Agreement to contain the zoning classification (except in cases where the ro ert
61 dividable} is zoned solel or rimaril to P P Y nand each parcel thereof, if sub-
62 Y py y y permit single-family dwellings) will render this Agreement voidable at Buyer's option, and, if
voided, any deposits tendered b the Bu er will be ref rued to the Buyer without any requirement for court action.
s3 Zoniug Classification: ~ .,, 7
,~ "~-6
6a Bayer Initials: ASR Pa e 2 of 11 n
t; Sctler I 't' I • _~ ~ti+~ p.~,JJ
Form eeneraoeci by True Forms"
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Revised t/10 --• -
www.TrueForms.com 800-499-9612
es 7. FIXTURES AND PERSONAL PROPERTY (I-10)
ss (A) INCLUDED in this sale are all existing items permanently installed in the Pro
sl plumbing; heating; radiator covers: lighting fixtures (including chandeliers and ceRling~fans}; pool~an~daspa etc[tlipments{including
68 covers and cleaning equipment); electric animal fencing systems (exeludin collars
s9 v,ston antennas• un otted shrubbery p g g ); garage door openers and transmitters; tele-
70 ~ P lantin s and trees; any remaining heating and cooking fuels stored on the Property at the
time of settlement; smoke detectors and carbon monoxide detectors,• sump pumps; storage sheds; fences; mailboxes; wall to wall
7t carpeting; existing window screens, storm windows and screen/stonn doors; window covering hardware, shades and blinds;
72 awnings; .built-in air conditioners; built-in appliances; the range/oven; unless otherwise stated; and, if"awned., water treatment Sys-
73 terns, propane tanks, satellite dishes and security- systems. Also included:
74
~$ {B) The following items. are LEASED {not owned by Seller}. Contact the provider/vendor for more information e.
76 systems, propane tanks, satellite dishes and security systems): __~__~ _ (g., water treatment
77 {C) EXCLUDED fixtures and items: ~-' --
78
--------
79 8. l1.10RTGAGE CONTINGENCY (1-10) --
84 n WAVED. This sale is NOT contingent on mortgage financing, although Buyer may obtain mortgage financing; and/or the parties
et may include an appraisal contingency.
82 ~ ELECTED.
83 (A) This sale is contingent upon Buyer obtaining mortgage financing according to the following terms:
84 ritrct iL.1nr~........ ..~ sL_ n-___ __.
~1
87
88
89
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93
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95
96
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moan Amount $ G7 ~ •~ ~ ~-
Minimum Term 30 years
Type of mortgage FHA
Loan-To-Value (LTV) ratio:
For non-FHAlVA loans LTV ratio not to exceed
Mortgage lender First American Mortgage
Interest rate 4.750 °.'o; however, Buyer agrees to accept the
interest rate as may be coutmitted by the mortgage lender, not
to exceed a maximum interest rare of 5.25 °10.
Discount points, loan origination, loan placement and other fees
charged by the lender as a percentage of the mortgage loan (exclud-
ing any mortgage insurance premiums or VA funding fee) not to
exceed ° o (0% i f not specified) of the mortgage loan.
Second Mortgage on the Property - -
Loan Amount $
Minimum TerTn years ~-~-
Type of mortgage
Loan-To-Value (LTV} ratio: ~`
For non-FHA/VA loans LTV ratio not to exceed
Mortgage lender '~~~-~~-
Interest race _ ~~ %; however, Buyer agrees to accept the
Interest rate as may be comruitted by the roori~gage lender, not
to exceed a maximum interest rate of __%,
Discount points, loan origination, loan placement and other fees
charged by the tender as a percentage of the mortgage laan (exclud-
ing any mortgage insurance premiums or VA. funding fee) not to
exceed % (0°lo if not specified} of the mortaas!e loan.
(ti) -the interest rate(s) and feels} provisions in Paragaph 8{A) are satisfied if the mortgage }ender{s} gives Buyer the right to guar-
t oo antee the interest rat s and f
tot e{) ee{s) at or below the maximum levels stated. ]f lender(s) gives Buyer the right to lock in the inter-
est rate(s), Buyer will do so at least i 5 days before Settlement Date. Buyer gives Seller the right, at Sel!Ier's sole option and
toe as permitted by law and the mortgage lender(s), to contribute financially, without premise of reirnbwsement, to the Buyer and/or
to3 the mortgage lender(s) to make the above mortgage term(s) available to Buyer.
ton (C) Within days (7 if not specified) from the Execution Date of this A Bement,
105 a e a lication rncludin b'r' Buyer wilt make a comioleted, written mort-
g g PP (~ g payment for and ordering of appraisal and credit reports without delay, at ttte lime required by
tos lender(s)) for the mortgage terms and to the mortgage lender(s) identified in Paragraph 8{A}, if any, otherwise: to a responsible
tot mortgage lender(s) of Buyer's choice. Broker for Buyer, if any, otherwise Broker for Seller, is authorized to communicate with
tos the mortgage lender(s) to assist in the mortgage loan process.
109 (D) Buyer will be Ib default of this Agreement if Buyer furnishes false information to anyone concerning )(i~uyer's financial
tt~ andlor employment status, fails to cooperate in good faith with processing the mortgage loan application (including delay
ttt of the appraisal), fails to lock In interest rate(s) as stated in Para ra h 8
tt2 to approve or issue a mortgage loan commitment, g p ~)~ or otherwise causes the Lender to reject, refuse
tt3 {E) 1. MortgageGommitmentDate: June 15 2011
t to promptly deliver a copy Of the commitment to Setter. -Upon receiving a mortgage comrnitrnent, Buyer will
tt5 2. If Seller does not receive a copy of the mortgage commitment(s) by the Mortgage Conunitment Date, Sealer may terminate
tts this Agreement by writtert notice to Buyer. Seller's right to terminate continues until Buyer delivers a mortgage evmmitment
t t 7 to Seller. Until Seller terminates this Agreement, Buyer is obligated to make agood-faith effort to obtain mortgage financing.
t to 3. Seller may terminate this Agreement by written notice to Buyer after the Mortgage Commitment Date if the mortgage commitment:
t t 9 a. Does not satisfy the terms of Paragraph 8(A), pR
t2o b. Contains any condition not specified in this Agreement (e.g., the Buyer must settle on another property., art appraisal must
t2t be received by the lender, or the mortgage commitment is not valid through the Settlement Date) that is not satisfied and/or
t22 removed in writing by the mortgage lender(s) within 7 DAYS after the Mortgage Commitment Date in Paragraph
t23 8(E)(I), or any extension thereof, other than those conditions that are customaril satisfied at or near settlement e.
t24 obtaining insurance, confirming employment}. y ( g•'
t25 4. If this Agreement is terminated pursuant to Paragraphs 8(E)(2) or (3), or the mortgage loan(s) is not obtained for settlement,
tzs all deposit monies will be returned to Buyer according to the terms of Paragraph 22 and this Ageement will t,e VQID. Buyer
~zl will be responsible for any casts incurred by Buyer for any inspections or certifications obtained according to the terms of
t29 this Agreement, and any costs incurred by Buyer for: (1) Title search, title insurance and/or mechanics' lien insurance, or any
t29 fee for cancellation; (2) Flood insurance, fire insurance, hazard insurance, mine subsidence insurance, or any fee for cancel-
t3o lation~ (3~ppraisal fees and charges paid in advance to mortgage lender(s).
tat Buyer Initials:._____~--- ASR Pa e 3 of t I ~7' ~/
g Seller Initials: -~_--~`,r(1h`.~~ ~ ~1
Form peneratad by TtveForms" www.TrueForms.oom 800.499-9812 Re~~sed t/10 _......
132 (F) If the mortgage lender(s), or a property and casualty insurer providing insurance required by the mortg;igc lender(s), requires
133 repairs to the Property, Buyer will, upon receiving the requirements, deliver a copy of the requirements to Self~er. Within 5
134 DAYS of receiving the copy of the requirements, Seiler will notify Buyer whether Seiler vvi11 make the required repairs at Seller's
135 expense.
136 1. If Seller makes the required repairs to the satisfaction of the mortgage lender and/or insurer, Buyer accepts the Property and
137 agrees to the RELEASE in Para
138 graph 24 of this Ageement.
tf Seller will not make the required repairs, or if Seller fails to respond within the stated time, Buyer will, within 5
13s DAYS, notify Sel ter of Buyer's choice to:
too a. Make the rcpairs/improvements at Bu er's ex
141 Y pense, with permission and access to the Property given by Seller, which
will not be unreasonably withheld, OR
142 b. Terminate t}1is Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of
143 Paragraph 22 of this Agreement.
144 If Buyer fails to respond within the time stated in Paragraph S(la}(2) or fails to terminate this Agreement` by written notice
t45 to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 241 of'this Agreement.
14s FHA/VA, IF APPLICABLE ____ -
147 (G) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to a;onlplete the purchase
148 Of the Property described herein or to incur an
149 y penalty by forfeiture of earnest money deposits or ottienvise unless Buyer
has been given, in accordance with HUD!FHA or VA requirements, a written statement by the Federal Housing Commissioner,
15o Veterans Administration, or a Direct Endorsement Lender setting forth the appraised value of the Propr~rty of not less than
151 $ ~.~~-se6'QQ ~ 3 Y,
~!-~{the Purchase Price as stated in this Agreement}. Buyer will have the priv7lege and option of
152 rocceding with consummation of the contract without regard to the amount of the appraised valuation. The apppraised valuation
153 is arrived at to determine the maximum mortgage the Department of Housin and Urban Dev I
1 not warrant the value nor the condition of the Property. Buyer should satisfy himself/herself thatothe pri eland condition of the
55 Property are acceptable.
t5s Warning; Section lOlO of Title 1.8, U.S.C., Department of Housing and Urban Development acid Federal Housing
157 ! Administration Transactions, provides, "Whoever for the
158 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 this title or imprisoned not I
159 more than two years, or both."
1so (H) U.S. Department of Housing and Urban Development (HUD) NOTICE TO PURCHASERS: Buyer's. Acknowledgement
1st Buyer has received the HUD Notice "For Your Protection: Gel a Home Inspection." Buyer understands tlhe importance of
1sz getting an independent home inspection and has thought about this before signing this Agreement. Buyer understands that
164 FHA will not perform a home inspection nor guarantee the price or condition of the Property.
(l) Certification We the undersigned, Seller(s) and Buyer(s) party to this transaction each certify that the terms of this contract
165 ~ for purchase arc true to the best of our knowledge and belief, and that any other agreement entered into by any of these parties
166 in connection with this transaction is attached to this Agreement.
_._
-- .. _ .
167 9. SELLER REPRESENTATIONS (I I4)
168 A ~ ,
( ) Radon Testing and Itemediation (See Notice Regarding Radon)
ts9 Seller has no knowledge about the presence or absence of radon unless checked below:
170 ._ _. 1. Seller has knowledge that the Property was tested on the dates and by the methods (e.g. charcoal canister, alpha track,
171 etc.}, which produced the results indicated below:
172 Date Type of Test Results {picoCuries/liter or working levels) Name of Testing Service
173
174 _
175 +,.. 2. Seller has knowledge that the Property had radon removal system(s) installed as indicated below:
17s Date Installed Type of System Provider
177
178 _
179 Copies of all available test reports will be delivered to Buyer with this Agreement. Seller does aot warrant the methods
180 or the results of radon tests.
181 (B) Status of Water
182 tcS7e(ller represents that the Property is served by:
183 ~ Public Water
^ Community Water [.) On-site Water l_ None [
184 {C) Status of Sewer -
185 Seller represents that the Pro arty is served by:
186 ~ Public Sewer ~ Communit Sewa a Dis osal S stem
Y g P Y ~ ;Ten-Acre Permit Exemption (see ~;ewage Notice 2)
187 r I Individual On-lot Sewage Disposal System (see Sewage Notice 1) ~ !Holding Tank (see Sewage Notice 3)
188 [ `Individual On-tot Sewage Disposal System in Proximity to Well (see Sewage Notice l; see Sewage Notice 4, if applicable)
189 ~_ None (see Sewage Notice 1) ^ None Available/Penrnit Limitations in Effect (see Sewage Notice 5)
19D I
191 {D} Historic Preservation ---
192 Seller is not aware of historic preservation restrictions regarding the Property unless otherwise stated here:
193
194 Buyer Initials: ~
- ASR Page 4 of I t Setter Initials: _!1 "~ l ~~JhN11 ~
Re~~sed I/10
Forrn generated by True Forms' www.TrueForma.eom 8t)o-4gg.9612
ts5 (E) Property, or a portion of it, is preferentially assessed for tax purposes under the following Act(s) (see Notices Regarding Land
19fi Use Restrictions):
197 ^ Farmland and Forest Land Assessment Act (Clean and Green Program; Act 319 of 1974; 72 P.S. ~ 5490.1 et seq.)
tsa ^ Open Space Act (Act 442 of 1967; 32 P.S. ti 5001 et seq.)
t99 ^ Agricultural Area Security Law (Act 43 of 198 i; 3 P.S. X901 et seq.)
200 ^ Other
20~ {F) Seller represents that, as of the date Seller. signed this Agreement, no Public improvement, condominium or homeowner association
202 assessments have been made against the Property which remain unpaid, and that no notice by any I;overnment or public
203 authority has been served upon Seller or anyone on Seller's behalf, including notices relating to violations of zoning, housing,
204 building, safety or fire ordinances that remain uncorrected, and that Seller knows of no condition that would constitute a violation
205 of any such ordinances that remain uncorrected, unless otherwise specified here:
2os
207 (G) Seller knows of no other potential notices (including violations) and/or assessments except as follows: ~_
208 '-""
2os (H) Access to a public road may require issuance of a hi hwa occu one - '-
g Y P y permit from the Department of Transporiatiion.
210 lU. WAIVER OF CONTINGENCIES {9-OS7
zt t if this Agreement is contingent on Buyer's right to inspect and/or re air the Pro e
2t2 conditions, boundaries, rerti6cations, zoning classification or use, or any. otherpnform tionvregard--'ugrthelI'roperty~BuyerBs
213 failure to exercise any of Buyer's options within the times set forth in this Agreement is a WAIVER of that contingency and
Zia Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 of this Agreement.
216 11, [NSPECTI4NS {1-10} (See Notices Regarding Property and Environrrterttal Inspections)
2ts (A) Rights and Responsibilities
277 1. Seller rill provide access to insurers representatives and, as may be required by this Agreement or by mortgage lender{s), to
2'e surveyors, municipal officials, appraisers and inspectors. All parties and their real estate licensee(s) may attenal any inspections.
2~s 2. Buyer may make apre-settlement walk-through inspection of the Property. Buyer's right to this inspectiion is not waived by
22o any other provision of this Agreement.
221 3. Seller will have heating and all utilities {including fuel(s)) on far all ins ections/a
zz2 p ppraisals.
4. All inspectors, including home inspectors, are authorized by Buyer to provide a copy of any inspection Report to;Broker for Buyer.
223 S. Seller has the right, upon request, to receive a free copy of any inspection Report from the party for whom it was prepared.
22a (B) Buyer waives or elects at Buyer's expense to have the following inspections, certifications, and investigations (referred to as
225 "inspection" or "Ins ections" y P
226 P ) performed b rofess~onal contractors, home inspec#ors, engineers, architects a,nd other properly
licensed or otherwise qualified professionals. If the same inspector is inspecting more than one system, the inspector must comply
227 with the Home [nspection Law. (See Notice Regarding the Home Inspection Law)
2za (C) For elected Inspection(s), Buyer will, within the Contingency Period{s} stated in Paragraph i2(A), complete In:speetions, obtain any
229 Inspection Reports or results (referred to as "R ort" or "R ") P
230 eP eports ,and acce t the Property, terminate this Agreement, or submit a
Written Corrective Proposal(s) to Seller, according to the terms of Paragraph 12(B).
231 Home/Property Inspections and Environmental Hazards (mold etc.}
23? leered Buyer may conduct an inspection of the Property's structural components; roof; exterior windows and cxt<:rior \Vaived
233 ~~ doors; exterior siding, Exterior Insulation and Finish Systems, fascia, tters and downs _
234 Su pouts; swimming pools, hot
tubs and spas; appliances; electrical systems; interior and exterior plumbing; public sewer systems; heating and cool-
235 ing systems; water penetration; electromagnetic fields; wetlands and flood plain delineation; structure square
236 footage; mold and other environmcnta) hazards {c.g., fungi, indoor air quality, asbestos, underground storage rani';s,
237 etc.); and any other items Buyer may select. If Buyer elects to have a home inspection of the Pro
238 the Home Inspection Law, the home ins P~'h', ~ defined in
239 pection must be performed by a full member in good standing of a national
home inspection association, or a person supervised by a full member of a national home inspection association, in
24o accordance with the ethical standards and code of conduct or practice of that association, or by a properly lice:nsr:cl
24' or registered engineer or architect. (See Notice Regarding the Home Inspection Law)
242 Wood Infestation
za3 ected Buyer may obtain a written "Wood-Destroying Insect Infestation 1n,pection Report" from an inspector certified ,~s Waived
2aa ~ i awood-destroying pests pesticide applicator and will deliver it and all su onin doe
2a5 ed b the ins PP $ uments and drawings provid- __.____~:__._.._
246 y pector to Seller. The Report is to be made satisfactory to and in compliance with applicable laws, mort-
gage lender requirements, and/or Federal Insuring and Guazanteeing Agency requirements. The Inspection is to be
247 limited to all readily-visible and accessible areas of all structures on the Pro
248 reveals active infestation(s), Buyer, at Buyer's Expense, may obtain a Propo a1 from awood-destro t ne Inspection
249 tieide applicator to treat the Property. If the Inspection reveals damage from active or previous infestation(~Buye:r
25o may obtain a written Report from a professional contractor, home inspector or structural engineer that is limited to
z5t structural damage to the Property caused by wood-destroying organisms and a Proposal to repair the Property.
252 Radon
233 }}~Ieeted Buyer may obtain a radon test of the Property from a certified inspector. The U.S. Environmental Protection Waived
254 ~i Agency {EPA) advises corrective action if the average annual exposure to radon is equal to or higher than t).0:?
25s working levels or 4 picoCuries/liter (4pCiIL). ~
256 Water Service
257 Elected Buyer may obtain an Inspection of the quality and quantity of the water system from a properly licensed or otherwise lived
25a __.___ _ _,____ qualified water/well testing company. If and as required by the inspection com
z5s locate and provide access to the on-site (or individual) water system. Setter wi ll r~ re thelProat Seller's expense, will ~ ____
26o dition, aft Seller's expense, prior to settlement. Pay to its previous con-
261 Buyer Initials: u ~((J r
--~-`-- ASR Page 5 of 1 l Seller Initials: ~ r /' i
Revised I/l0 -~~~-t-.S~.E~~ __.._
Form generao~d by TnteForms" www.TrueForms.com goo..agg9612
7F7
zs
2s
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zs2
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29a
2ss
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On-lot Sewage (If Applicable}
3 Elected Buyer may obtain an Inspection of the individual on-lot sewage disposal system from a qualified, professional aived
4 inspector. If and as required by the inspection company, Seller, at Seller`s expense, will locate, provide ac:ces~s to,
and empty the individual on-!ot sewage disposal system. Seller will restore the Pro rt to it ~
at Seller's expense, prior to settlement. See paragraph I2(C) for more information regarding the nd~vidual On' lot
Sewage Inspection Contingency.
Property insurance
Elected Buyer may determine the insurability of the Property by making application for property and casualty insurance for aived
. ___ ___,: wX,_--__ the Pro p .
perry to a res onsible insurer. Broker for Buyer, i f any, otherwise Broker for Seller, may communic~3te with ~i
the insurer to assist in the insurance process. ]f the Property is located in a flood plain, Buyer. may be required to
carry flood insurance at Buyer's expense, which may need to be ordered 14 days or more prior to Settlement Date.
Property Boundaries
Elected Buyer may engage the services ofa surveyor, title abstrac#or, or other qualified professional to assess the legal aived
----- ----....-.. description, certainty and location of boundaries and/or quantum of land. Most Sellers have not had the Property ~
surveyed as it is not a requirement of property transfer in Pennsylvania. Any fences, hedges, walls and other nal:ural
or constructed bamers may or may not represent the true boundary lines of the Property. Any numerical represen-
tations of size of property are approximations only and may be inaccurate.
Deeds, Restrictions and Zoning
Elected Buyer may investigate easements, deed and use restrictions (including any historic preservation restrictions or ordi-
nanees} that apply to the Pro a awed
p rty and review local zoning ordinances. Buyer may verify that the present use of the ~~
Property (such as in-law quarters, apartments, home office, day care) is permitted and may elect to make the
Agreement contingent upon an anticipated use. Present use:
Lead-Based Paint Hazards (For Properties prior to 1978 only} "~
Elected Before Buyer is obligated to purchase a residential dwelling built prior to 1978, Buyer has the option to con~duc:t a ived
~ risk assessment and/or inspection of the Property for the presence oflead-based paint and/or lead-based paint h;iz- i
ards unless Buyer waives that right. Regardless of whether this ins ectian ' u
Lead-Based Paint Hazard Reduction Act requires a Seller of prapertysbuilttprior to X978 toeprovide the
Buyer ry ith as EPA-approved lead hazards information pamphlet titled Protect Your Family from Leacl in
Your Home, along with a separate form, attached to this Agreement, disclosing Seller's knowledge oflead-
based paint hazards and any lead-based paint records regarding the Property, (See Notices Regarding
Residential Lead-Based Paint Hazard Reduction Act)
Other
Elected
.._.~..... _ aived
Tlie --
Inspecttons elected above do not apply to the following existing conditions and~or items: -`
12. INSPECTION CONTINGENCY (1-10) -
{A) The Contingency Period is ____.._ days (I O if not specified) from the Execution Date of this Agreement for each Inspection elected
in Paragraph 1 I(C), except the following:
Inspection(s) Contingency Period
s - days
7 .- days
days
e (B) Except as stated in Paragraph 12(C), if the result of any Inspection elected in Paragraph 11(C) i5 unsatisfactory to $uyer, Buser
9 will, within the stated Contingency Period: Y
0 l . Accept the Property with the information stated in the Report(s) and agree to the RELEASE in Paragraph 24 ofthis: Agreement, OR
. Terminate this Agreement by written notice to Seller, with all deposit monies returned to l3uyer accordiing to the terms of
Paragraph 22 of this Agreement, OR
3. Present the Report(s) to Seller with a Written Corrective proposal {"Proposal")listing corrections and/or credits desired by Bu er.
The Proposal may, but is not required to, include the name(s) of a properly licensed or qualifiedprofessional(s;) to perform the or-
Rections requested in the Proposal, provisions for payment, inelutling retests, and a projected date for completion of the correc-
tions. Buyer agrees that Seller will not be held liable for corrections that do not comply with mortgage lender or governmental
. requirements if performed in a workmanlike manner according to the terms of Buyer's Proposal.
a. No later than days (5 ifnot specified} from the end otthe Contingency Period(s), Seller will infi~rn'i Buyer in uTit-
ing that Seller will:
(l) Satisfy all the terms of Buyer's Proposal(s), OR
(2) Not satisfy all the terms of Buyer's Proposal(s), OR
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.
~ • Within days (2 if not specified) of the receipt of written notification that Seller will not satisfy all terms of Buyer's
Proposal, or the time stated in paragraph 12{B)(3)(a) if Seller fails to choose either option in writing, wllichever occurs
first, Buyer will:
Buyer Initials: ASR Pa e 6 of I 1
----`~~~--`~ g Seller Cnitials: (~~- G,~
Revised 1/10 ~-~ ~-"~"~-----
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328 (1) Accept the Property with the information staled in the Repori(s} and agree to the RELEASE in. Paragraph 24 of this
32s Agreement, OR
330 (Z) Terminate this Agreement by written notice to Seller, with al! deposit monies returned to Buyer ac<ording to the terms of
331 Paragraph 22 of this Agreement, OR
332 {3) Enter into a mutually acceptable. ~tiTitten agreement with Sellet, providing for any repairs or improvements to the
333 Property and/or any credit to Buyer at settlement, as acceptable to the mortgage lender, if any.
334 If Buyer fails to respond within the time stated in Paragraph 12(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 REL)E<:ASE 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 Wray, within .
338 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-
340 pletion date for corrective measures. Within 5 DAYS of receiving Seller`s Proposal, or if no Proposal is provided within the
34t stated time, Buyer will notify Seller in writing of Buyer's choice to:
3a2 1. Agree to the terms of the Proposal, accept the Property and agree to the RELEASE in Paragraph 24 of this Al~eement, OR
3a3 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of
3aa Paragraph 22 of this Agreement, OR
3a5 3. Accept the Property and the existing system and agree to the RELEASE in Paragraph 24 of this Agreement. If required by any
3as mortgage lender and/or an Y~
347 y govemmenta) authorit Buyer will correct the defects before settlement or within the time required
by the mortgage lender and/or governmental authority, at Buyer's sole expense, with permission and access to the Property giver,
3a8 by Seiler, which may not be unreasonably withheld. if Seller denies Buyer permission and/or access to correct the defects, Buyer
3as may, within ~:~ DAYS of Seller's denial, terminate this Agreement by written notice to Seller, with all dE;posit monies retumed
35o to Buyer according tv the terms of Paragraph 22 of this Agreement.
35t If Buyer tails to respond within the time stated in Paragraph 12(C) or fails to terminate this Agreement by written notice
352 to Seller within that time, Buyer will acce t the Pro
353 ~ P party and agree to the RELEASE in Paragraph 24 of this Agreement,
l3. NOTICES ASSESSMENTS AND MUNICIPAL REQUIREMENTS (1-1Q}
3sa {A} (n the event any notices, including violations, and/or assessments are received after Seller has signed this Agreement and before
355 settlement, Seller will within „_,~_- DAYS of receiving the notices and/or assessments rovide a co
35s menu to Buyer and will notify Buyer in writing that Seller will: p PY of the notices andior assess-
357 1 . Fully comply with the notices and/or assessments, at Seller's expense, before settlement. If Seller fully complies with the
358 notices and/or assessments, Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 of this Agreement, OR
35s 2 . Not comply with the notices and/or assessments. If Seller chooses not to comply with the notices and/or assessments, or fails
3so within the stated time to notify Buyer whether Seller will comply, Buyer will notify Seller in writing within DAYS
36t that Buyer will: -
3s2 a. Comply with the notices and/or assessments at Bu ers ex rise, ace t the Pro
363 paragraph 24 of this Agreement, OR Y , ~ ~ party, and agree to the RELEASE in
35a b. Terminate this Agreement by written notice to Seller, with all deposit monies retumed to Buyer accoi•din~g to the terms of
3s5 Paragraph 22 of this Agreement.
ass If Buyer fails to respond within the time stated in Paragraph l3(A)(2) or fails to terminate this Agreement by written notice
3s7 to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 2d of this Agreement.
358 (B) If required by law, within 3Q DAYS from the Execution Date of this Agreement, but in no case later than _15 DAYS prior
ass to Settlement Date, Seller will order at Seller's expense a certification from the appropriate municipal department(s) disclosing
37o notice of any uncorrected violations of zoning, housing, building, safety or fire ordinances and/or a ccrtiftcate permitting occu-
371 pancy of the Property. If Buyer receives a notice of any required repairs improvements, Buyer will promptly deliver a co
372 the notice to Seller. PY of
373 1. Within S DAYS of receiving notice from the municipality that repairs/improvements are required, Seller will deliver a
37a copy of the notice to Buyer and notify Buyer in writing that Seller wilt:
375 a. Make the required repairs improvements to the satisfaction of the municipality. If Seller m~akcs the required
376 repairs/improvements, Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 of this A.gre;ement, OR
377 b. Not make the required repairsrmprovements. If Seller chooses not to make the required repairs/improvcn'~cnts, Buyer will
378 notify Seller in writing within 5 DAYS that Buyer will:
37s {1) Make the repairslimprovements at Buyer's expense, with permission and access to the Property given by Seiler, which
38o will not be unreasonably withheld, OR
~} (2) Terminate this. Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms
382 of Paragraph 22 of this Agreement.
3a3 If Buyer fails to respond within the time stated in Paragraph 13(B)(I)(b) or fails to terminate this Agreement by
38a .written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph
3s5 24 of this Agreement, and Buyer accepts the responsibility to perform the repairsli-nprovements according to the
385 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
388 Settlement Date to make the re aired re airs/im rovements,
38s q P p Buyer may, within 5 DAYS, terminat<; this Agreement by
written notice to Seller, with all deposit monies returned to Buyer according to the terms of Paragraph 22 of this Agreement.
3so 3 . !f repairs/improvements are required and Seller fails to rovide a co
3st will perform all repairs/improvements as required by the notice at Set ers expense. Paraguraph 13(B){3~willtsurvve~ttle~ enl ter
392 Buyer Initials:` ((l I ~~ ~'~ ~
--'~'- ASR Page 7 of 1 I Seller Initials: -~' =-Ir!~wi!~t~ ~)J _
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3s3 14, CONDOMINIUMIPLANNED COMMUNITY (HOMEOWNER ASSOCIATIONS) RESALE NOTICE 1-10
394 Property is NOT a Condominium or part of a Planned Community unless checked below. { )
395 [~ CONDOMINIUM. The Property is a unit of a condominium that is primarily run by a unit owners' association. Section 34
ass Uniform Condominium Act of Pennsylvania {see Notice Regarding Condominiums and Planned Communities 07 of the
3s7 furnish Buyer with a Certificate of Resale and copies of the condominium declaration (other than plats and pl; ns)e9herbs iawseand
398 the rules and regulations of the association. y
ass PLANNED COMMUNITY (HOMEOWNER ASSOCIATION). The Property is part of a planned community as defined b the
400 Uniform Planned Community Act (see Notice Regarding Condominiums and Planned Communities . y
4U1 requires Seller to furnish Buyer with a copy of the Declaration (other than plats and plans), the bylaws, the nules0and ref tlations
at)2 of the association, and a Certificate containing the provisions ser forth in section 5407(a) of the Act. ~
aos THE FOLLOWiI1'G APPLIES TO PROPERTIES THAT ARE PART OF A CONDOMINIUM OR A PLANNED COh1
404 {A) Within 1 S DAYS from the Execution Date of this Agreement, Seller, at Seller's expense, will request from the assoCjatro~n
4(}$ Certificate of Resale and any other documents necessary to enable Seller to comply with the relevant Act. The Act provides that
406 the association is required to provide these documents within l0 days of Seller's request.
4Q7 (B) Seller will promptly deliver to Buyer all documents received. from the association. Under the Act, Seller is not liable to Bu er for
4D8 the failure of the association to provide the Certificate in a timely manner or for any incorrect information providcd by the association
'~ in the Certificate.
41° (C) The Act provides that Buyer may declare this Agreement VOID at any time before Buyer receives the assaciat.ion documents and
for 5 days after receipt, OR until settlement, whichever occurs first. Buyer's notice to Seller must be in writing; upon Bu er
412 deClari'ng this Agreement voids all deposit monies will be returned to Buyer according to the terms of Paragraph 22 of his
a13 Agreement.
414 (D) If the association has the ri ht to bu the Pro ert
a15 g Y p y {right of first refusal), and the association exercises that right:, Seiler will reimburse
Buyer For any costs incurred by Buyer for any inspections or certifications obtained according to the teens of the Agreement,
417
a1s and any costs incurred by Buyer for: {I} Title search, title insurance and/or mechanics' lien insurance, or an;y fire for cancellation;
418 (~) Flood insurance, fire insurance, hazard insurance, mine subsidence insurance, or any fee for cancellation; (3) Appraisa! fees
and charges paid in advance to mortgage lender.
419 15. TITLES, SURVEYS AND COSTS (1-10)
4zo {,~) The Aroperty wilt be conveyed with good and marketable title that is insurable by a reputable title insurance company at the re ular
421 rates, free and clear of alt liens, encumbrances, and easements, excepting however the following: existing deed restrict ons:
a2z histonc preservation restrictions or ordinances; building restrictions; ordinances, easements of roads; easements visible u on the
a23 ground; easements of record; and privileges or rights of public service companies, if any. P
425 ~' ( )
a24 (B) Buyer will pay for the followin 1 Title starch, title insurance and/or mechanics` lien insurance, or any fee for cancellation;
a2s (Z) Flood insurance, fire insurance, hazard insurance, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees
and charges paid in advance to mortgage lender; (4) Buyer's customary settlement costs and accruals.
az7 (C) Any survey or surveys required by the title insurance company or the abstracting company for preparizig an adequate le aI
428 description of the Propert
429 y (or the correction thereof) will be obtained and paid for by Seller. Any survey or sun~eys desired by
Buyer or required by the mortgage lender will be obtained and paid for by Buyer.
430 (D) If Seller is unable to gi~-e good and marketable line that is insurable by a reputable title insurance company at the regular rates, as
431 specified in Paragraph 15(A), Buyer may terminate this Agreement by written notice to Seller, with all deposit monies returned to
a3z Buyer according to the terms of Paragraph 2Z of this Agreement, tll~on termination, Seiler will reimburse Buyer for any costs
433 incurred by Buyer for any inspections or certifications obtained according to the terms of this Agreement, and for those items specified
435 in Paragraph 15{B) items (I), (2), (3} and in Paragraph 15(C).
(E) Seller is not aware of the status of oil, gas and mineral rights for Property unless otherwise stated below;
ass ~ Seller does not own all subsurface rights to the property.
437 ~ Oil, Gas and Mineral Rights Addendum (PAR Form OGA1) is attached.
438 {F) COAL NOTICE (t~`here Applicable)
439 THIS DOCUMENT tvtAY NOT SELL, CONVEI', TRANSFER, INCLUllE OR INSURE THE TITLE TO THE COAL AND RIGHTS OF SUPPOR'C UNDERNEATFI
4~o TNL• SURFACE LAND DESCRIBED OR REFERRED TO HEREW, AND T1IE 01VNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL.
441 RIGHT TO REMOVE ALL SUCH COAL AND IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE,
442 BUILDING OR OTHER STRUCTURE ON OR fN SUCH LAND. (This notice is set forth in the manner providcd in Section 1 of the Act of
a43 Ju)y 17, 1957, P.L. 984.) "Buyer acknowledges that he may not be obtaining the right of protection against subsidence resulting
444 from coal mining operations, and that the property described herein may be protected from damage due to mine subsidence by a
445 private contract with the owners of the economic interests in the coal. This acknowledgement is [Wade for the purpose of complying
446 with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of ,April 27, 1966."
4-47 Suyer agrees to sign the deed from Seller which deed will contain the aforesaid provision.
448 (G) The Property is not a "recreational cabin" as defined in the Pennsylvania Construction Code Act unless otherv~rise: stated here (see
449 Notice Regarding Recreational Cabins):
4so 16, MA)NTENANCE AND RISK OF LOSS (1-10)
ast (A} Seller will maintain the Pro
452 PertY, grounds, fixtures and personal property specifically listed in this Agreement in its present condition,
normal wear and tear excepted.
453 (g) If any system or appliance included in the sale of Property fails before settlement, Seller will:
454 1. Repair or replace the failed system or appliance before settlement, OR
ass 2. Provide prompt written notice to Buyer of Seller's decision to:
45s a. Credit Buyer at settlement for the fair market value of the failed system or appliance, as acceptable to the nortgage )ender,
as7 if any, OR
458 b. Not repair or replace the failed system or appliance, and not credit Buyer at settlement for the fair market value of the
ass failed system or appliance.
460 Buyer initials: ~ ~ ASR Page 8 of 11
Seller Initials: -f~'~w L~[/ /
Revised l/10
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as1 3. if Seller does not repair or replace the failed system yr appliance or agree to credit Buyer for its fair market value, or '
asz fails to notify Buyer of Seller's choice, Buyer will notify Seller in writing within 5 DAYS or before Settle ,f Seller
4ti3 whichever is earlier, that Buyer will: ment Date,
asa a. Accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement, OIt
4s5 b. Terminate this Agreement by written notice to Seller, with all deposit monies returned. to Buyer according to the term
`~6 Paragraph 22 of this Agreement. s of
a67 If Buyer fails to respond within the time stated in Paragraph 16{B)(3) or fails to terminate this A reetnent b w '
468 notice to Seller within that time, Buyer will acce t the Pro e g y trtten
ass Agreement, p P ~y and agree to .the R-EL)~ASE in Paragraph 24 of this
4TO {C) Seller bears the risk of loss from fire or other casualties until settlement. If an , ro ri included in ibis sale is destro
alt replaced prior to settlement, Buyer will: y p ~ y yed and not
472 1. Accept the Property in its then current condition together with the proceeds of any insurance recovery obtainable b Sel
a73 2. Terminate this Agreement by written notice to Seller, with all deposit monres returned to Buyer according to the ter7nOR
4T4 Paragraph 22 of this Agreement. of
4T5 17. HOME VVARR.4NTIES (1-10)
a7s At or before settlement, either art ma
477 p y y purchase a home warranty for the Property from athird-party vendor. Buyer and Seller understand
that a home warranty for the Property does not alter any disclosure requirements of Seller, will not cover or warrant any preexistin
a78 defects of the Property, and will not alter, waive or extend any provisions of this Agreement regarding inspei:tions or certificatio
4TS that Buyer has elected or waived as part of this Agreement. $uyer and Seller understand that a broker who re~~ommends a
aeo tivarranty may have a business relationship with the home warranty company that provides a financial benefit to the broker home
ae1 I8. RECORDING (9-OS)
a82 This Agreement will not be recorded in the Office of the Recorder of Deeds or in any other office or place of public record. If Bu er
`~3 causes or permits this Agreement to be recorded, Seller may elect to treat such act as a default of thrs Agreement. y
4a4 l4. ASSIGNMENT (2-10)
485 This Agreement is binding upon the parties, their heirs, personal representatives, guardians and successors, and to the extent asst able
487
~t3 on the assigns of the parties hereto. Buyer will not transfer or assign this Agreement without the written cor~sertt of Sellergunless
otherwise stated in this Agreement. Assignment of this Agreement may result in additional transfer taxes.
aea 20. GOVERNING LA~V, VENUE A,~1A PERSONAL JURISDICTION (4-OS)
48s (A) The validity and construction of this Agreement, and the rights and duties of the parties, will be governed in accordance with the
4so laws of the Commonwealth of Pennsylvania,
491 (B) The parties agree that any dispute, controversy or claim arising under or in connection with this Agreement or its performance b
492 either party submitted to a court shall be filed exclusively by and in the state or federal courts sitting in the Commonwealth of
493 Peru~sylvania.
4sa 21• REPRESENTATIONS (1-10)
ass (A) All representations, claims, advertising, promotional activities, brochures or plans of any kind made b
4ss licensees, employees, officers or partners are not a part of this Agreement unless expressly incorporated] or sBtatedrin tth~s
4s7 Agreement. This Agreement contains the whole agreement between Seller and Buyer, and there are no otht~r terms, obligations,
4sa covenants, representations, statements or conditions, oral or otherwise, of any kind whatsoever concennin,g this sale. This
ass Agreement will not be altered, amended, changed or modified except in writing executed by the parties.
~o (B) Unless otherwise stated in this Agreement, Buyer has inspected the Pro a ,ncIuding fixtures and any personal pro er
specifically Listed herein) before signing this Agreement or has waived the( right to do so, and agrees to purchase t e
sot property IN 1TS PRESENT CONDITION, subject to inspection contingencies elected in this Agreement. Bayer acknowled es
503 that Brokers, their licensees, employees, officers or partners have not made an independent examination or determination
5oa of the structural soundness of the Property, the age or condition of the components, environmental conditions
505 the permitted uses, nor of conditions existing in the locale where the Pro a is situated• nor have the made a mechanical
~s inspection of any of the systems contained tberein. p ~ ' y
507 (C} Any repairs required by this Agreement will be completed in a workmanlike manner.
soe (p) Broker(s) have provided or may provide services to assist unrepresented parties in complying with this Agreement.
5os 22. DEFAULT, TERMINATION AND RETURN OF DEPOSITS (Y-10)
510 (A} Where Buyer terminates this Agreement pursuant to an ri ht
511 a)1 deposit monies paid on account of Purchase Price pursuantgrtmol th byermssofgparagraplr2 (B),waln h es ~A1te ement ew 11 be
512 VOID. Termination of this Agreement may occur for other reasons giving rise to claims by Buyer andlor Seller for the de osit
513 monies. p
51a (g~ Regardless of the apparent entitlement to deposit monies, Pennsylvania law does not allow a Broker holding; deposit monies to
51s determine who is entitled to the deposit monies when settlement does not occur. Broker can only release the deposit monies:
51s 1. 1f this Agreement is terminated prior to settlement and there is no dispute over entitlement to the deposit monies. A written
517 agreement signed by both parties is evidence that there is no dispute regarding deposit monies.
518 2. If, after Broker has received deposit monies, Broker receives a written agreement that is signed by Buyer anal ~~eller, directin
519 Broker how to distribute some or all of the deposit monies, g
s20 3. According to the terms of a final order of court.
sz1 4. According to the terms of a prior written agreement between Buyet and Seller that directs the Broker how to distribute the
522 deposit monies if there is a dispute between the parties that is not resolved, {See Paragraph ZZ{C}}
523 $uyer lnitiats:
ASR Page 9 of l 1 Seller laitisis: ~-- [; U~.~
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52a (C} Buyer and Seller agree that if there is a dispute over the entitlement to deposit monies that is unresolved. 365 days after
525 the Settlement Date stated in Paragraph 4(A}, or any written extensions thereof, the Broker holding the deposit monies will, with-
52s in 30 days of receipt of Buyer's written request, distribute the deposit monies to Buyer unless the Broker is in receipt of verifi-
s27 ablewritten notice that the dispute is the subject of )itigation. If Broker has received verifiable written notice of litigation prior to
528 the receipt of Buyer's request for distribution, Broker will continue to hold the deposit monies until receipt of a written distri-
52s button agreement between Buyer and Seller or a final court order. Buyer and Seller are advised to initiate litigation for any por-
s3o lion of ihc: deposit monies prior to any distribution made by Broker pursuant to this paragraph. Buyer and. Seller agree that the
531 distribution of deposit monies based upon the passage of time does not legally determine entitlement to deposit monies, and that
53z the parties maintain their legal rights to pursue litigation even af3er a distribution is made.
533 (p) Buyer and Seller agree that Broker who holds or distributes deposit monies pursuant to the terms of Paragraph 22 or Pennsylvania
s3a taw will not be liable. Buyer and Seller. agree that if any Broker or affiliated licensee is named in litigation regarding deposit
535 monies, the attorneys' fees and costs of the Broker(s) and licensees} will be paid by the party naming them in litigation.
53s (F) Seller has the option of retaining of I sums paid by Buyer, including the deposit monies, should Buyer:
537 1. Fail to make any additional payments as specified in Paragraph 2, OR
s38 2. Furnish false or incomplete information to Seller, Broker(s}, or any other party identified in this Agreement concerning
s3s Buyer's legal or financial status, OR•
Sao 3. Violate or fail to fulfill and perform any other terms or conditions of this Agreement.
541 (F) Unless otherwise checked in Paragraph 1Z(G), Seller may elect to retain those sums paid by Buyer, including deposit monies:
Sat 1. On account of purchase price, OR
543 2. As monies to be applied to Seller's damages, OR
saa 3, As liquidated damages for such default.
say (G} SELLER tS LIMITED TO RETAINING SUMS PAID BY BUYER, INCLUDING DEPOSIT MONIES, AS
5as LIQUIDATED DAMAGES.
547 (I-I) If Seller retains all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to Paragraph 22(F) or (G),
548 Buyer and Seller are released from further liability or obligation and this Agreement is VOID.
5~s (I) Brokers and licensees are not responsible far unpaid deposits.
s5o 23, MEDIATION (l-]0}
551 Buyer and Seller will submit all disputes or claims that arise from this Agreement, including disputes and claims over deposit monies,
552 to mediation. Mediation will be conducted in accordance with the Rules and Procedures of the Home Sellers/Monle Buyers Dispute
553 Resolution System, unless it is not available, in which case Buyer and Seller will mediate according to the terms of the mediation sys-
s5a tern offered or endorsed by the local Association of REALTORS``. Mediation fees, contained in the mediator's fee schedule, wit! be
555 divided equally among the parties and will be paid before the mediation conference. This mediation process must. be: concluded before
556 any party to the dispute may initiate legal proceedings in any courtroom, with the exception of filing a summons il' it is necessary to
557 stop any statute of ]imitations from expiring. Any agreement reached through mediation and signed by the parties will be binding (see
ss8 Notice Regarding Mediation). Any agreement to mediate disputes or claims arising from this Agreement will survive: settlement.
559 24. RELEASE (9-OS)
5so Buyer releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES and any
sal OFFICER or PARTNER of any one of them and any other PERSON, FIRM or CORPORATION who luny be liable by or
5s2 through them, from any and all claims, losses or demands, including, but not limited to, personal injury and property dam-
363 age and all of the consequences thereof, whether known or not, which may arise from the presence of termites or other wood-
ssa boring insects, radon, lead-based paint hazards, mold, fungi or indoor air quality, environmental hazards., any defects in the
ss5 individual on-lot sewage disposal system or deficiencies tin the on-site water service system, or any defects or conditions on the
ass Property. Should Seller be in default under the terms of this Agreement or in violation of any Seller disclosure law or regula-
ss7 lion, this release does not deprive Buyer of any right to pursue any remedies that may be available under law or equity. This
5ss release will survive settlement.
5ss 25. REAL ESTATE RECOVERY FUND (9-OS)
s70 ~' A Rea! Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a ]Pennsylvania real
571 estate licensee (or a licensee`s affiliates) owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been
572 ~ unable to collect the judgment after exhaustin all le al and e
573 ~ 8 $ quttable remedies. For complete details about the Funci, call {717) 783-
, 3b58 or (800) 822-21 l3 (within Pennsylvania) and (717) 783-0854 (outside Pennsylvania).
s7a 2b. COMMUNICATIONS WITH BUYER AND/OR SELLER {1-IO}
575 Wherever this Agreement contains a provision that requires or allo~v~ communication/delivery to a Buyer, that provision shall be satis-
57s Pied by communication/delivery to the Broker for Buyer, if any, except for documents required to be delivered pursuant to
577 Paragraph 14. If there is no Broker for Buyer, those provisions may be satisfied only by communication delivery being made direct-
578 Iy to the Buyer, unless otherwise agreed to by the parties. Wherever this Agreement contains a provision that requires or allows com-
579 munication/delivery to a Seller, that provision ,hall be satisfied by communication delivery to the Broker for Seller, if any. If there is
s8o no Broker for Seller, those provisions may be satisfied only by communication/delivery being made directly to the Seller, unless other-
581 wise agreed to by the parties,
~z 27. SPECIAL CLAUSES {]-10)
s83 (A} The following are part of this Agreement if checked:
saa _~ Sale & Settlement of Other Property Contingency Addendum (PAR Form SSP}
ss5 ~ Sale & Settlement of Other Property Contingency with Right to Continue Marketing Addendum (PAR Form SSF'-CM)
sas ~~ Settlement of Other Property Contingency Addendum (PAR Form SOP)
587 ~ Short Sate Addendum to Agreement of Sale (PAR Form SHS)
588 ~_ Appraisal Contingency Addendum {PAR Form ACA)
~~ I
590 _1
591 ~ ~ _
592 Buyer Initiais• ~ ~ ASR Page 10 of I! '
Seller lnitisls: ~- 'tJf+l`p
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593 (g) Additional Terms:
59d
595
596
597
598
599
600
601 -
602
------
603
604
605
606 ._._____..__...- "' -----'
607
608
609
610
611
612 _..._ _'~~._~"
613
6i4
s15 gayer and Seller acknowledge receipt of a copy of this Agreement at the time of signing,
s1s This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and which
617 counterparts
618 together shall constitute one and the same Agreement of the Parties.
619 NOTICE TO PARTIES: 'W'HEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Parties to this transaction are
s2o advised to consult a Pennsylvania real estate attorney before signing if tbey desire legal advice.
621 Return of this Agreement, and any addenda and amendments, including return by electronic transmission, beario.g the signatures
622 of U parties, constitutes acceptance by the parties,
sz3 i Buyer has received the Consumer Notice as adopted by the State Real Estate Commission at 4!1 Pa, Code
s24 §35.336.
s2s i ~__ Buyer has received a statement of Buyer's estimated closing costs before signing this Agreement.
s2s ~ `/ Buyer has read and understands the notices and explanatory information in th'
is Agreement.
627 / _~_ Buyer bas received a Seller's Property Disclosure Statement before signing this Agreement, i~f required by lart
sza (see Information Regarding the Real Estate Seller Disclosure Law).
s2s ! Buyer has received the Deposit Money Notice (for cooperative sates when Broker for Seller !is bolding deposit
s3o ~ money) before signing this Agreement.
s31 / Buyer has received the Lead-Based Paint Hazards Disclosure, H•hich is attached tot
s32 thump t Protect Your Family from Lead in Your Home (for properties built priorsto 18978) ent of Sale, and
633 FITNESS f /
BUYER DATE_ ~f"yZ~ j
Todd J utt
s34 WITNESS BITYER
DATE_
s35 WITNESS BUYER
DATE_
s3s Seller has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code § 35.336.
637 Seller has received a statement of Seller's estimated closing costs before signing this Agreement.
sib Seller has read and understands the notices and explanatory information in this Agreement.
s39 WITNESS ~G SELLER ~ ~c ~~Ul4c~f f~
DATE
sao ~V[TNESS SELLER
DATE_,
sat V-fITNESS SELLER
DATE
5'~~
ASR Fage 11 of 11
Revised 1110
Form per»raead by TrueForms" evww.TruaForms,eom 800-489-6612
EXHIBIT D
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
NO. 21-11-0011 ORPHANS' COURT
ESTATE OF LEWIE B. ANDERSON
PETITION SEEKING COURT APPROVAL FOR GUARDIAN OF INCAPACITATED
PERSON'S ESTATE TO SELL REAL PROPERTY BY PRIVATE SALE IN
ACCORDANCE WITH PENNSYLVANIA ORPHANS' COURT RULES 14.4 AND 12.10
AFFIDAVIT OF TODD DOYLE
I, TODD DOYLE, hereby affirm that:
1 • I am familiar with the real property located at 32 Southmont Drive, Enola East
Pennsboro Township, Cumberland County, Pennsylvania acquired by Lewie Anderson b 'De
dated September 16, 2002 and recorded in the Cumberland Count R y ed
y ecorder of Deeds Office
at Deed Book 253 and Page 3199 with a tax assessment number of 09-14-0835-184 and
assessed value of One Hundred and Thirty Three Thousand Two Hundred Dollars
($133,200.00).
2. The offered purchase price of One Hundred and Thirty Four Thousand Nine
Hundred Dollars ($134,900), is an excellent price for the property given its current cond~i
having been vacant for the last year, in this market. tion,
3• One Hundred and Thirty Four Thousand Nine Hundred Dollars ($134,90() was
the askin rice I su p p y p )
g P ggested for this ro ert based u on my experience in the market and with
properties in this locality.
4. The sale price is more than what would be garnered through a public sale of this
property.
5. I expect to receive a commission from the sale of this property, however, that
commission has not colored my opinions given in this affidavit.
Date: S-~ Y- ~I
---..:..-t.,~ ~f~.
Todd Doyle
Sworn to and subscribed before me the day and year aforesaid.
COMMONWEALTH OF PENNSYLVANIA -~--~°"' ,~`
Notarial Seal ; ~'~ ~
Nancy Marie Stlne, Notary Public f'~
Swatara Twp., Cauphin County ~f ~ ~ ~'f ~'"~ ~ ,y ,~
My Commission Eacplree April 16, 2013 '~ -~ti-~G ~ ~~,.--
Member,PennsyivaniaAast~claUonotNol~~tlA Notary PubliE
1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
NO. 21-11-0011 ORPHANS' COURT
ESTATE OF LEWIE B. ANDERSON
PETITION SEEKING COURT APPROVAL FOR GUARDIAN OF INCAPACITATECI
PERSON'S ESTATE TO SELL REAL PROPERTY BY PRIVATE SALE IN
ACCORDANCE WITH PENNSYLVANIA ORPHANS' COURT RULES 14.4 AND 12.'10
AFFIDAVIT OF ~ a ~ , O ~~ ~.
I' r ,hereby affirm that:
1. I am familiar with the real property located at 32 Southmont Drive, Enola, East
Pennsboro Township, Cumberland County, Pennsylvania acquired the Lewie Anderson b
Deed dated September 16, 2002 and recorded in the Cumberland Count Recor y
Y der of C>eeds
Office at Deed Book 253 and Page 3199 with a tax assessment number of 09-14-0835-1184 and
having a current assessed value of One Hundred and Thirty Three Thousand Two Hlur~dred
Dollars ($133,200.00).
2. The offered purchase price of One Hundred and Thirty Four Thousand Nine
Hundred Dollars ($134,900}, is an excellent price for the property given its current condi
having been vacant for the last year, in this market. tion,
3. It is my understand that One Hundred and Thirty Four Thousand Nine Hundred
Dollars ($134,900) was the asking price suggested by the Realtor contracted to list and sell
this
property.
4. The sale price is more than what would be garnered through a public sale of this
property.
5. I have no personal interest in this transaction.
Date:
By. ~-
Sworn to and subscribed before me the day and year aforesaid.
COMMONWEALTH OF PENNSYLVANIA ,!r k -""" ~~,i ` `
Notarial Seal ~~ ~ ~/s'
Nancy Marie Sane, Notary Public . 7 ~.~ %'"~
Swatara 7wp., Dauphin County ' / c.L,~.-''"'~
My Commisalan Expires April 16, 20~~ N tary Public --'
Member, Pennsylvania AeaoGation o1 N®teri~s
EXHIBIT E
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Virtual Tour
Status r'enamg Type Attached City Enola LIP$ $129,900
SO: RE/MAX REALTY ASSOCIATES CLD: MT 119 Finc: Sp$
Flood tone No Quick Links ~ °''
~~~
25 Southmont Drive Area 6 10202722
17025 Home to be Built No Sc:it~ttul~ ~ ShaN
Mun East Pennsboro Subdivision Laurel bills North Sch Dist East Pennst County Cumber
Dir FrornW on Wertzville Rd., L/Southmont (At CVS), to home on right.
Tot Sq Ft Above
!ot Dim
Design Townhouse
Bsmt Full, Unfinished
1292 Square Ft Source
Acres 0.0600
Style 2 Story
# Br 3 # Bth: F1
Level Bth: F
Room Lvl Dim
LR Level 1 19.6x11.10
DR Level 1 11.10X8.0
FR
DEN
KIT Level l 8.6X8.0
H 1 # FP 0
H
Room Lvl Dim
MBR Level 2 12.11X11.3
BRi
BR2 Level 2 9:11X9.8
BR3 Level 2 10.9X9.0
BR4
BR5
Public Records
Year Built /- 1995
Const Stick Built
Off Street Parkins
Square Feet Below
Ext Brick:, Vinyl
Warranty No
Tax 1600 Year 2010
Condo No Fee 0
Appl Dishwasher, Disposal, Refrigerator, warner, wryer, roan
Misc. Room:
Cooi Central -Air
Heat Forced Air, Natural Gas
Aux Heat
Wt Swr Public Sewer, Public Water
Ext Feature: Deck
OR 1 Equip Smoke Detectors, Cable Ready
OR 2 Dining .Formal Dinin Room
OR 3
Conveniently located 3 bedroom townhome in East Pennsboro Twp close to I-8i, shopping and Adams Ricci Park. Recently c~
throughout. Laminate floors in kitchen & dining area with patio doors to expanded. deck and rear yard. Walk: in closet in spat
.master bedroom. Partially fininshed carpeted basement, perfect for game room or playroom. Abundant storagE~. Plenty of off
parking, economic gas heat. No association fees
SHO: Call List Office, Lockbox LBX CPML LO RE/MAX REALLY ASSOCIATES - Office: (717) 761-6:
SAC 0 Net V~BAC 3% Net V~ TLC 3425 MARKET ST CAMP HILL PA 1;
LA RAY JR DAVIS Phone: (717) 441-5608 rdavisCa capitalareahornes.com
~ Z LT ~Jar~ Rate Comp
~ 3 OW
Possession
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Virtual Tour
Hiatus renoing Type Attached City Enola LP$ $131,000
SO: EXIT REALTY CAPITAL AREA CLD: MT 10 Finc: Sp$
Flood Zone No Quick Links ~4r-
42 Johns Drive Area 6 10205539
17025 Home to be Built No
Mun East Pennsboro Subdivision Laurel Hills North Sch Dist East Penns! County Cumber
Dir FromRt. 15 N, Left on 21 st Street, L/Tory, L/Johns.
Tot Sq Ft Above 1296 Square Ft Source Public Records Square Feet Below
Lot Dim Acres 0.0700 Year Built /- 2002
Design Townhouse Style 2 Story Const Frame Ext Brick, Vinyl
Bsmt Full Parking Off Street Parkin Warrai
# Br 3 # Bth: F1 H 1 # FP ax 1705 Year 2011 est
Level Bth: F H ondo No Fee 0
Room Lvl Dim Room Lvl Di m Appl Dishwasher, Range-Flee
LR Level 1 12.3x19.8 MBR Level 2 13x11.5 Misc. Room;
DR Level 1 12.3x8 BRi Cool Central Air
FR BR2 Level 2 9.6x10.9 Heat Forced Air, Natural Gas
DEN BR3 Level 2 9.8x10 Aux Heat
KIT Level 1 8.8x8.2 BR4 ~ Wt Swr Public Sewer, Public Water
BR5 Ext Feature. Deck
DR 1 Equip Smoke Detectors, Cable Ready
OR 2 Dining Formal Dining Room
OR 3
Lovely townhame in Laurel Hills North. Beautiful laminate flooring is in the Living .and Dining rooms. Neutral decor throughou
move in ready. Full Basement ready for you to finish. A joy to show!
SHO: View Showing Assist LBX CPML LO JOY DANIELS REAL ESTATE. LTD.?FC: (717) 695•
SAC 0 Net BAC 3.ON Net TLC 2793 OLD POST ROAD HARRISBURG PA
LA JOY DANIELS Phone: (717) 695-3177 ioyC~ioydaniels.corr~
~ 2 LT Exclusive Right
~ 3 OW
Possession
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Status Pending Type Semi-DetachE City Enola
SO: PRUDENTIAL HOMESALE SERVICES GOLD: 5/14/2011 M LP$ $x.29,9 ~
T 156 Finc:
Flood Zone No SP$
911 Chester Road
Area 6 Quick Links
10201870
17025
Home to be Built No
Mun East Pennsboro Subdivision
Cour~ty Cumber
Dir FrornFrom Enola E on Wertzville Rd., L on East Penn DR., L on Magaro
R o~Chest
e
l
, R
er to ho s
on
Tot Sq Ft Above 1344 Square Ft Source Public Records
Lot Dim
Square Feet Belowr 500
Acres 0.4100 Year Built /- 2008
Design A Frame
Style 2 Sto
Bsmt Exposed/Walkout, Finished ry Const Frame
Parkin Off Street Parkin
# B
Ext Aluminurn
g
r 3 # Bth: F1 H
1 # FP 0 Warran
ax 275b Year
Level Bth: F H 2010 Possession settlemen~
ondo No Fee
Room Lvl Dim Room Lvl Dim 0
!R Level 1 15x20
DR
FR BelowB 16x21
DEN
KIT Levell 15x30
MBR Level 2 12x12
BR1
BR2 Level 2 10x10
BR3 Level 2 10x8
BR4
BR5
r.Np~
Misc.. Room:
Cool Central Air
Heat Heat Pump
Aux Heat
Wt Swr Public Sewer, Public Water
OR 1 Ext Feature:
OR 2 Equip Smoke Detectors
OR 3 Dining Eat-In Kitchen
Delightful 3 bedroom townhome in immaculate condition. Bright and cheery describes this 2 sto with a fi '
that only says WOW !Better than new with neutral carpet and paint colors to delight the eye. ry Wished walk out ba
SHO: LBX Combo
SAC 3% Gross BAC 3% Gross LO KELLER WILLIAMS KEYSTONE - 717) 755-5599
~ OLIVIA CARPENTER TLC 2251 EASTERN BLVD YORK P~4 17402
~ 2 (717) 265-3277 oiivla.caroenterCc~kw com
~ 3 !T Exclusiv F-gency
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Status Pending T
~: C-21 PISCIONERI REALTY NC.ed City Enola
CLD:4/15/2011 MT 171 LP$ $].34,900
Flood Zone No Finc: SP$
50 Carlisle Avenue
17025 Area 6 lU-----23 Quick Links ~ , ,
Mun East Pennsboro Home to be Built No
Dir Frornli/15 N• SubdivisionTownes of East Penn Sth~lul~a ,hov
L/Shady Lane (after Dairy Queen • Sch Dist East Pennsl Coun
), L/Carlisle Ave.; Townhomes on R tY Cumber
Tot Sq Ft Above
Lot Dim
Design Townhouse
Bsmt Slab
# Br 3 # Bth: F2
Level Bth: F
Room Lvl Dim
LR Level 1
DR Level 1
FR
DEN
KIT Levell
1752 Square Ft Source
Acres 0.1700
Style 2 Story
Parkin
H 1 # FP
H
Room Lvl Dim
MBR Levet 2
BR2
BR2 Level 2
BR3 Level 2
BR4
BRS
Public Records
Year Built square Feet Below
/- 2005
Const Stick Built
rar Gara e, Attached, Oft Ext Stone, Vinyl
Tax 2475 Warranty
Year 2010 Possession ;>et~,~emen
ondo No Fee 0
-r~-' •"""`Jc-yaa, microwave, Dishwasher, Disposal,
Misc. RoomrLaundry Room
Cool Ceiling Fan, Central Air
Heat Forced Air, Natural Gas
Aux Heat
Wt Swr Public Sewer, Public Water
OR Laundry RoorLevel 1 Ext Feature: Patio, Porch
OR 2 Equip Ceiling Fan
OR 3 Dining Living Rm/Dining Rm Combo
Conveniently located newer end unit townhome with 3 BR 2
property for as little as 3% down! S bath, 1750
sq• ft. 1st floor laundry,. l ear garage & pai~io. Pur
SHO: Show Any Time, Lockbox, Vi LBX Combo
SAC 0 Net BAC LO WEICHERT REALTORS-FIRST CHQICE - Officf~:
~ STEVEN SCHEIB 3N% Net TLC
4206 LINGLESTOWN RD 1717
LA 2 Phone: (717) 652-3500 HARRISBURG PA
LA 3 sscheibCa weichertfirstchoice corn
LT Exclusive Ricaht
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