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HomeMy WebLinkAbout11-6607FF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) John W. Peters and Lois A. Peters 1116 Musket Lane Mechanicsburg, PA 17050 Case No. l? Civil Term VS. Civil Action " Law c-) - Defendant(s) & Address(es) .?? ? C r} ...t Thomas Freysinger and z+u? rn- Tamara Freysinger Wr-- N rn 1404 Summit Way s + °° Mechanicsburg, PA 17050 _fn o PRAECIPE FOR WRIT OF SUMMONS -< c o TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in the above case Writ of Summons shall be issued and forwarded to Attorne / e 'ff (Please C' e Date : August 19, 2011 Signature o Attney Print me: James L. Gold h Address: 3631 North Front Street • • • • • WRIT OF SUMMONS TO: Thomas Freysinger and Tamara Freysinger YOU AENOTIFIED THAT THE ABOVE-NAMED PLAINS) HAS/HAVE COMMENCED AN ACTION AGAIT4ST YOU. rothonotary/ erk, Civil Division Tjate:` by Harrisburg PA 17110 Telephone #: 717-232-7661 Supreme Court ID Number: 27115 Deputy S q)-ooed Ay? C#f 57y7o ?#X6359/ JOHN W. PETERS and, IN THE COURT OF COMMON PLEAS OF LOIS A. PETERS, CUMBERLAND COUNTY, PENNSYLVAN IA Plaintiffs No. CV-2011-6607 V. CIVIL ACTION LAW THOMAS FREYSINGER and TAMARA FREYSINGER , Defendants : JURY TRIAL DEMANDED r? M c., -- v r _ ?7 NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 JOHN W. PETERS and, LOIS A. PETERS, Plaintiffs V. THOMAS FREYSINGER and TAMARA FREYSINGER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CV-2011-6607 CIVIL ACTION LAW : JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mds adelante en las siguientes pdginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n Como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mds aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 James L. Goldsmith, Esquire Attorney I.D. #27115 Thomas S. Lee, Esquire Attorney I.D. #89440 Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 j goldsmith@CKLegal.net tlee@CKLegal.net (717) 232-7661 (717) 232-2766 (fax) Attorneys for Plaintiffs John W. and Lois A. Peters JOHN W. PETERS and, IN THE COURT OF COMMON PLEAS OF LOIS A. PETERS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 2011-CV-6607 V. : CIVIL ACTION LAW THOMAS FREYSINGER and TAMARA FREYSINGER, Defendants : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiffs, John W. Peters and Lois A. Peters, by and through their attorneys, James L. Goldsmith and Thomas S. Lee, Caldwell & Kearns, and files the within Complaint, and in support thereof avers the following: 1. The Plaintiffs, John W. Peters and Lois A. Peters (hereinafter "Plaintiffs,"), husband and wife, are adult individuals who resides at 1116 Musket Lane, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendants, Thomas Freysinger and Tamara Freysinger (hereinafter "Defendants"), husband and wife, are adult individuals who resides, to the best of Plaintiffs' knowledge, in Cumberland County. Defendants reside at 1404 Summit Way, Mechanicsburg, Cumberland County, Pennsylvania. FACTUAL BACKGROUND COMMON TO ALL COUNTS Defendants were at times relevant to this action, title owners and sellers of real estate at 1116 Musket Lane, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter "Property") to John W. Peters and Lois A. Peters. 4. In August of 2010, following discussions and negotiations with Defendants, Plaintiffs entered into an Agreement of Sale (hereinafter "Agreement") to purchase the Property at 1116 Musket Lane in Mechanicsburg, Cumberland County, Pennsylvania. In doing so, Plaintiffs relied upon representations made to them by the Defendants, or their agents, regarding the physical condition of the Property as set out in the "Seller's Property Disclosure Statement," a copy of which is attached hereto and marked as EXHIBIT "A". 5. Pursuant to the Agreement and in reliance upon the representations made to them by the Defendants and their agents, Plaintiffs purchased the Property from Defendants for $320,000.00. A copy of the Deed evidencing that purchase is attached hereto and marked as EXHIBIT "B". 6. Shortly after taking possession of and occupying the Property, Plaintiffs experienced severe difficulties and problems with it. Those problems included, but are not limited to: A. Extensive water damage throughout the house, particularly in the basement. 2 B. Water flows in through a crack in the basement, which was partially repaired. C. A basement leak due to a broken hose bib at the top of the foundation wall. D. Plaintiff suffered a loss of use of their house due to remediation efforts that Plaintiffs caused to lose approximately 50% of the use of their main floor due to storage of furniture and other items needed to repair the problems set forth in this Complaint. E. The furnace that was neither professionally cleaned nor repaired, as represented. Defendants misrepresented the condition of the building in their statements to Plaintiffs and in the Seller's Property Disclosure Statement. Those misrepresentations included: A. A failure to disclose the condition dangerous to human health and habitation represented by water infiltration in the house. B. The statement in Paragraph 4(B) of the Seller's Property Disclosure Statement to the effect that there was no water leakage, accumulation, or dampness in the basement or crawl space and the statement in Paragraph 4(C) to the extent that the Defendants repaired or made other attempts to control water damage or dampness in the basement or crawl space. C. The statements in Paragraph 6 of the Seller's Property Disclosure Statement to the effect that leaks in a basement wall crack were "repaired." D. The statements in Paragraph 16(B)(2) to the effect that there was no past or present drainage or flooding problems which affected the Property was left blank. E. Efforts to conceal or cover up evidence of water damage to the Property. 3 8. Defendants knew or had reason to know that the statements they made in the Seller's Property Disclosure Statement were not accurate or truthful when those statements were made as cited above. 9. Solely and directly as a result of the misconduct and misrepresentations of the Defendants and reasonable reliance upon those misrepresentations by Plaintiffs, Plaintiffs have suffered serious financial damage resulting from the extensive flooding of and leakage of water into the residence which they purchased from the Defendants, and the resulting damage to the Property and its contents and the resulting loss of its use by Plaintiffs. These damages and expenses incurred by Plaintiffs, together with the projected cost to correct the water leakage problem and repair the other damage and compensate them reasonably for their loss of use, exceed $20,000.00. 10. Subsequent to the receipt and review of the Seller's Property Disclosure Statement, and based upon: A. The disclosures set forth in the Seller's Property Disclosure Statement; B. The representations of Defendants with regard to the Property; C. The lack of disclosure of material defects known to Defendants as more fully set forth below. Plaintiffs submitted an offer to purchase the Property from Defendants on August 7, 2010, which offer was accepted on August 8, 2010. A true and correct copy of the Agreement of Sale is attached hereto and made a part hereof as Exhibit "C". 11. Settlement between Plaintiffs and Defendants took place on September 20, 2010, at which time title to the Property transferred from Defendants to Plaintiffs. 4 12. On the day following settlement, September 21, 2010, Plaintiffs observed an insidious condition consisting of water/moisture infiltration that was not disclosed. The most significant problem that was uncovered was a crack in the foundation wall that had been previously covered during Defendants' ownership, with concrete patch material. 13. The basement of the Property was insulated and dry-walled during the 1980s during Defendants' ownership. This has been established by the date stamps found on the drywall and insulation. 14. Removal of drywall and insulation at the suspected location revealed a vertical crack in the foundation wall that migrated below the wall's juncture with the concrete floor, which was visible and known to Defendants. The drywall at the crack's location bears the date of September 16, 2009. The insulation at this location bears the date of September 13, 2009. 15. Defendants, during their residency, experience water infiltration and took substandard corrective measures. 16. The wall was partially repaired on or about March 7, 2010, by Fluevog Renovations, LLC at the direction of Defendants. IT The invoice submitted to Defendants for the work performed on March 7, 2010 is attached as Exhibit "D." 18. Defendants were told by Fluevog that the total cost to professionally repair the basement wall would exceed $1,450.00. Defendants refused to allow Fluevog to complete the recommended repairs and Defendants elected to proceed with a level of repair to hide, and not remediate, the material defect. 19. Plaintiffs' efforts to the remediate the material defects that were not disclosed by Defendants in the basement wall, other areas and other items in the house have been continuous since September 2010 to the present. COUNTI PLAINTIFFS/BUYERS v. DEFENDANTS/SELLERS Negligent Misrepresentation 20. Plaintiffs incorporate by reference paragraphs 1 through 19 as though fully set forth herein. 21. Defendants knew or should have known of the water infiltration problem associated with the house. 22. Despite Defendants' knowledge of the water infiltration problems, Defendants failed to disclose the extent of prior water infiltration problems to Plaintiffs. 23. Defendants knew of the presence of mold and mold spores, dust mites and related bacterial (bioaerosols) in the basement of the subject premises. 24. Despite their knowledge of the aforesaid mold and bioaerosol problems associated with the subject premises and their knowledge that such presence represented a health threat to inhabitants; Defendants failed to disclose the said problems to Plaintiffs. 25. Defendants had a duty to disclose the aforesaid problems associated with the Property to Plaintiffs and failed to do so. 26. The water infiltration, mold and mold-related problems and resultant damage were all material defects to the Property in that they alone and/or in the aggregate, substantially affected the market value of the Property and represented a threat to the safe habitation of the inhabitants and therefore should have been disclosed to Plaintiffs. 6 27. Plaintiffs relied upon the misrepresentations of Defendants. 28. As a direct and proximate result of the misrepresentations of Defendants, Plaintiffs entered in an agreement to purchase the Property when they otherwise would not have done so. The fair market value of labor and materials necessary to correct and eradicate the mold and mold-related spores, bacteria, dust mites, etc. is above $20,000.00; and the fair market value of labor and materials necessary to prevent further water infiltration in the basement is above $7,500.00. WHEREFORE, Plaintiffs respectfully request judgment in their favor and against Defendants in the amount of $320,000.00, plus an unliquidated sum for pain and suffering in excess of the jurisdictional limits for arbitration. COUNT II PLAINTIFFS v. DEFENDANTS Fraud 29. Plaintiffs incorporate by reference paragraphs 1 through 28 as though fully set forth herein. 30. Defendants knew of the water infiltration problems, the resultant structural damage the presence of mold and mold-related bioaerosols, all of which pre-existed their sale of the subject premises and are associated with it. 31. Despite their knowledge of the aforesaid problems, Defendants failed to reveal the extent of such problems in their Seller's Property Disclosure Statement or otherwise to Plaintiffs. 32. Defendants intentionally concealed the aforesaid problems and/or the indications of such problems. 7 33. In Defendants' Disclosure Statement, Defendants made knowingly false statements concerning the aforesaid material defects in the Property. 34. Defendants had a duty to disclose the aforesaid problems as they represent material defects as defined by the Pennsylvania Real Estate Seller Disclosure Act. 35. Plaintiffs relied upon the intentional misrepresentations of Defendants. 36. As a direct and proximate result of the aforesaid intentional misrepresentations, Plaintiffs entered into an Agreement of Sale that they otherwise would not have entered into. WHEREFORE, Plaintiffs respectfully request judgment in their favor and against Defendants in the amount of $320,000.00, plus an unliquidated sum for pain and suffering in excess of the jurisdictional limits for arbitration. COUNT III PLAINTIFFS v. DEFENDANTS Unfair Trade Practices 37. Plaintiffs incorporate by reference paragraphs 1 through 36 as though fully set forth herein. 38. Defendants engaged in unfair and deceptive acts and practices by their knowing failure to disclose matters pertaining to water penetration, the presence of mold, mold spores and bioaerosols and the resultant damage within the Property and concealed and took steps to such matters in violation of 73 P.S. § 201-2(4)(xxi). 39. As a direct and proximate result of the aforesaid unfair and deceptive acts and practices of Defendants, Plaintiffs incurred damages as aforesaid. 8 WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter judgment in their favor and against Defendants in the amount of compensatory damages of $62,900.00 together with attorney fees, interest and costs. Respectfully submitted, CALDWELL & KEARNS Dated: October 19, 2011 By: ' mes L. Golds ith quire Attorney I.D. #27115 Thomas S. Lee, Esquire Attorney I.D. #89440 Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 jgoldsmith@CKLegal.net tlee@CKLegal.net Attorneys for Plaintiffs John and Lois Peters 9 xktb' SELLPI:QRER?'?'~1..C §. IJGOS'TTI?E ST?`IiEI?I(ETVT 5S'PU This form recommended ? a/pproved for ut not restricted to usemby,,the,merribers of thdaP.eansylvama Association ofiRFiALTORS®'(PAR); t+ 1 PROPERTY 2 SELLER r,t 3 The Real Estate Seller Disclosure Law (68 P.S. §7301 et seq) re uires hat a seller of a property must disclose tosalbuyertall )aio,.wn s 2i I 4 material defects about the property being sold that are not readily-observable. While the Law requires certain'disclosures ?fhistdisclosiire '.:4 s statement covers common topics beyond the basic requirements of the Law in an,effort-loassist sellers in complying wrtli dtseloaure'. 6 6 requirements and to assist buyers in evaluating the property being considered. Sellers who wish to see or use the•basrc.:dtsclosu e610'i7ru .8 7 can find the form on the Web site of the Pennsylvania State Real Estate Commission, 8 This Statement discloses--Seller's knowledge of the condition of the property as of the date signed by Seller and is -not,a substitute 8 9 for any inspections or warranties that.Buyer may wish to obtain. -This Statement'•is not a warranty of any kind by Seller°or a war- 9 10 ranty or representation by any listing real estate broker, any selling real estate-broker, or-their Iicensees. Buyer is encouraged to address 10 11 concerns about the conditions'of the property that may not be included in this, Statement. This Statement. does not relieve Seller of the 11 12 obligation to disclose a material defect that may not be addressed on,this form. 12 13 A Material Defect is a problem with a residential real property or any portion of it-,that would have a significant adverse impact on the 13 14 value of the property or that involves an unreasonable risk to people on •thevproperty. The fact that a structural element, system or sub- 14 15 system. is at or beyond the-end of the normal useful life of such a structural element, system or subsystem is not-by itself a material defect. 15 16 1. SELLER'S.EXTTERTISE Seller does not possess expertise in: contracting, engineering, architecture, environmental assessment or % 17 other areas related to the construction and conditions of the property and its improvements,.except as follows: 17 18 18 19 2. OWNERSHW/OCCUPANCY is 20 (a) Is the property currently occupied? LLYes _No If "yes," by whom? , Seller Other occupants (tenants) 20 21 If property is not occupied, when was it-last occupied? 21 22 (b) How long have you owned the property? ?a`? y? arS ' 22 . 23 (c) Are you aware of any pets having lived in tl e& the: us? or s ctures during your ownership? ./ Yes _ No ? 23 24 If "yes," describer- c- 1a(A a CnCYIA >? X ?_ 29 25 26 3. ROOF (a) Date roof installed: b Documented? / Yes N U k 25 _ o _ n nown 26 27 (b) Has the roof been replaced or repaired during your ownership? / Yes No 27 28 If "yes," was the existing roofing material removed? - Yes ^ No ! Unknown 28 29 (c) Has, the roof ever leaked during your ownership? .i Yes _ No 29 so (d) Are you aware of any problems with the roof, gutters, flashing or downspouts? _ Yes _-,,- No 30 31 Explain any "yes" answers in this section, including the•location and extentof any problem(s) and any repair or remediation efforts: 31 32 32 3a 4. BASEMENTS AND CRAWL SPACES (Complete only if.applicable) 33 34 (a) Does the property have.a sump pump? Yes No. _ Unknown 34 a5 If "yes," has it ever run? Yes No UnknAm. Is it in working order? Yes o Unlalown 35 36 (b) Are you aware of any water.leakage, accumulation, or dampness within the basement or crawl space? ?ap! No 36 37 (c) Do you know of any repairs or other attempts to control any water or dampness problem in the basement or crawl space? L Y°, s' _ No 37 38 Explain any "yes" answers in this section, including the location and extent of any problem(s) and any repair or remediation efforts: 3a . 4. C?3 re_C?aL rep) m l 39 1 40 5. TERMITES/WOOD-DESTROYING INSECTS,' RYI20T, PE TS ao 41 (a) Are you aware of any tennites/wood-destroying insects, dryrot, ?or pests affecting the property? Yes "No 41 42 (b) Are you aware of any damage to the property caused'by termites/wood-destroying insects, dryrot, or pests? Yes No 42 43 (c) Is your property currently under contract by a licensed.pest control company? Yes _ G No 43 44 (d) Are you aware of any, termite/pest control reports or treatments for the property? Yes No 44 45 Explain any "yes" answers in this section, including the name of any service/treatment provider, if applicable: 46 46 47 6. STRUCTURAL ITEMS 47 48 (d) Are you aware of any past or present water leakage in the house or other.structures? ,/ Yes No 48 49 (b) Are you aware of any past or preseovement, shifting, deterioration, or other problems with walls, foundations, or other 49 50 -- structural components? a2- Ye.C,/ No 50 51 _ __ (c) .Are you aware of any past or present problems with driveways, wallmays, patios-or retaining walls on the property? _ Yes -"No 81 52 (d) Is your property constructed with an Exterior Insulating Finishing System (EIFS), such as Dryvit or synthetic stucco? 52 53 Yes .- No _ Unlmown If yes, date installed, if known 53 54 (e) Are there any defects (including stains) in flooring or floor coverings? Yes / No _ Unknown 54 55 (f) Are you aware of any fire, storm, water or ice damage to the property? Yes / No 55 56 Explain any "yes" answers in this section, including the location and extent of any problem(s) and any repair or remediation efforts: 56 57 50 Buyer lnitlals: Date SPD Page 1 of S Seller -Initials: Date \ WD, 58 ?/ l Pennsylvani Association of REALTO Sm COPYRIGHT PENNSYLVANIA OFREALTORS02009 59 7. ADDITIONS/ALTERATIONS' 'Have..any additions, structural-.changes, or other.alterations been made to the property . 60 .. during your ownership.? / Yes No 61 62 63 64 65 66 67 66 If yes, list additions, structural changes, or alterations (use additional sheets if necessary). Approximate Were permits obtained? Were"fina.:inspechons approvals date of work (Yes/No/Unknown) obtained? (Yes/No/Unknown) ET cn u es I Note to Buyer: The PA Construction Code Act, 35 RS §7210. 101 et seq. (effective 2004) and local codes establish standards for b 'ld' .49 . 60 61 62 63 64 65 66 67 d 66 69 ut tng an altering properties, Buyers should check with the municipality to determine ifpermlts and/or approvals were necessary for disclosed wot k and if 69 7o so, whether they were obtained Where required permits were not obtained, the municipality might require the current owner to upgrade or remove 70 71 changes made by prior owners, Bzrye7s can have the property inspected by an expert in codes compliance to determine if issues exist. Expanded 71 72 title insurance policies may be available for Buyers to cover the risk of work done to the p7 operty by previous owners without a permit or approval, 72 73 8.WATER SUPPLY f ? i ki li e 73 74 (a) What is the source of your dr n ng water? Pub c Water Well on Prop rty Community Water 74 75 None Other (explain): 75 7s (b) When was your water last tested? Test results: 76 77 If your drinking water source is not public, is the pumping system in working order? Yes No 77 7e If "no," explain: 76 r9 (c). Do you have a softener, filter, or other treatment system? Yes , / No 79 10 If you do not own the system, explain: so 11 (d) Have you ever had a problem with your water supply? Yes ? No 81 s2 (e) Has your well ever run dry? _ Yes No _ Not Applicable 82 13 (f) Is there a well on the property not used as the primary source of drinking water? ^ Yes No 83 14 If yes, is the well capped? Yes No 84 15 (g) Is the water system shared? _ Yes _„, No , 85 16 (h) Are you aware of any leaks or other problems, past or present, relating to the water supply, pumping system, and related items? 86. 17 Yes No e7 )6 Explain any "yes" answers in this section, including the location and extent of any problem(s) and any repair or remediation efforts: 86 is 89 10 so 11 9. 12 SEWAGE SYSTEM (a) What is the type of sewage system? _V1 Public Sewer Individual On-lot Sewage Disposal -System 91 92 13 Individual Oh-lot Sewage Disposal System in Proximity to Well Community Sewage Disposal System 93 14 Ten-acre Permit Exemption _ Holding'Tank None _ None Available./Permit Limitations in Effect 94 15 Other type of sewage system (explain): 5 ` 95 )6 (b) If Individual On-lot sewage system, what type? ^ Cesspool - Drainfield Unknown es 17 Other (specify): 97 16 (c) Are there any septic tanks on the Property? Yes No Unknown se 19 _ If "yes," what type of tank(s)? _ Metal/steel Cement/concrete Fiberglass Unknown 99 10 Other (specify): ioo li (d) When was the on-site sewage disposal system last serviced? 101 ' 12 (e) Are there any sewage pumps located on the property? - Yes No 162' 13 If yes, type(s) of pump(s) Are pump(s) in working order? Yes No 103 K Who is responsible for maintenance of sewage pump(7 ioo )5 (f) Is the sewage system shared? Yes .....- ._..._,. No _._. - -------- )d (g) Are you aware of any past or present leaks, backups, or other problems relating to the sewage system and related items? -Yes _ No 106 17 Explain any "yes" answers in this section, inchiding the location and extent of any problem(s) and any repair or remediation efforts: 107 16 108 1910. PLUMBING SYSTEM / 10 (a) Type of plumbing (check all that apply): / Copper _ Galvanized _ Lead PVC Polybutylene pipe (PB) 109 116 11 Mixed Unknown _Other (explain): 111 12 (b) Are you aware of any problems with any of your plumbing fixtures (e.g., including but not limited to: kitchen, laundry, or bath- 112 13 room fixtures; wet bars; etc.)? Yes _ No 113 14 If "yes," explain: 114 IS 1.1. D0NEL'STIC WATER )3E, ATING its 16 (a) Type of water heating: _ Electric / Natural Gas.. Fuel Oil -Propane ^ Solar _ SummevWinterHook-Up 116 17 Other (explain): 117 16 (b) Are you aware of any problems with any water heater or related equipment? Yes No 116 19 If "yes,,, explain; t 1 119 1 ° Buyer Initials: Date /n 1D SPD Page 2 of 5 Seller Initials. _ _ ?? Date 120 12f .12. "AIRtCONDITIONING SYSTEM 121 1 122 (a) Type of air conditioning: Z Central Air Wall Units ` Window. Units None 123 Other_(explam): 123 124 Number of window units included iri sale Location(s). 124 125 _ (b) Age of Central Air Conditioning System: Unknown Date last serviced, if known 125 . 126 (c) List any areas of the house that are not air conditioned' 126 127 (d) Are you aware of any problems with anyatem in this section? Yes No 127 126 If "yes," explain: 120 12s 1 3. HEATING SYSTEM 129 130 (a) Type(s) of heating fuel(s) (check all that apply): Electric _ Fuel Oil ??Natural Gas Propane 130 131 Coal _ Wood Other: 131 132 (b) Type(s) of heating system(s) (check all that apply): Forced Hot Air Hot Water Heat Pump 132 133 Electric Baseboard r Steam Wood Stove '(How many?. ____) -Coal Stove (How many? 133 134 Other: 134 135 (c) Age of Heating System: _?Unknown Date -last §erviced, if known 135 136 (d) Are there any fireplaces? _ /Yes _ No 'If "yes,' • how many?-1_ Are they working? ? Yes No 136 137 (e) Are there any chimneys (from a fireplace, water heater or any other heating system)? Yes No V 137 136 If "yes," how many?! When were they last cleaned? Unknown 138 139 Are they working? _ Yes No If "no," explain: 138 140 (f) List any areas of the house that are not heated: 140 141 (g) Are you aware of any heating fuel tanks on the property? Yes _ No 141 142 Location(s), including underground tank(s): 142 143 If you do not own the tanks, explain: 143 144 Are you aware of any problems or repairs needed regarding any.item in this section? •Yes / No 144 146 If "yes," explain: 145 146 146 147 14 , ELECTRICAL SYSTEM 147 148 (a) Type of.Electrical System: _ Fuses ircuit Breakers How Many. Amps?"-' Unknown 148 149 (b) Are you aware of any knob and tube wiring in the home? Yes f No 149 150 Are you aware of any problems or repairs needed in the electrical system? Yes No 150 151 If "Yes," explain: 151 152 15 . OTHER EQUIPME NT AND APPLIANCES 152 153 This section..must be completed for each item that.will, or may, be sold with the property, The fact that an item is listed does 153 154 not mean it is "included in the Agreement of Sale. Terms• of the Agreement of Sale negotiated between Buyer and Seller will 154 155 determiua?.which items; if any, are included in the purchase,of the Property, 155 156 (a) Electric Garage Door Opener Number of Transmittebs! ; Keyless Entry I 156 157 (b) _ Smoke Detectors How many?,_, Location(s) 157 158 (c) _ Security Alarm System _ Owned _ Leased (Lease Information" ) 158 159 (d) _ Lawn Sprinkler(s) How many? _ Automatic Timer _ 159 160 (e•) Swimming Pool Hot Tub/Spa _ Pool/Spa Heater"_ Pool/Spa Cover Whirlpool/Tub 160 161 Pool/Spa Equipment and Accessories (list): 161 162 (f) ? Refrigerator(s) /Range/Oven L? Microwave Oven .ZDishwasher Trash Compactor 163 _ _ Garbage Disposal Chest Freezer _ Washer Dryer Intercom 162 163 164 (g) Ceiling Fan(s) How many? --- Location(s) 164 165 (h) Awnings Attic Fan(s) __ Satellite Dish Storage Shed _ZDeck(s) _ Electric Animal Fence 165 1es . (i) Other: 156 r67 Are you aware of any problems or repairs needed regarding any item in this section? Yes No 167 Ise If "yes," explain: 168 169 16. LAND (SOILS, DRAINAGE, FLOODING AND BOUNDARIES) 169 170 171 (a) Land/Soils ansive soil on the ro ert 1) Are fill or ex ou aware of an ? Ye N 170 p y y p p y s o 171 172 2) Are you aware of any sliding, settling, earth movement, upheaval;- subsidence;-or--earth-stability-problems-that-have - -172 173 occurred on or affect the property? _ Yes . No 173 174 3) Are you aware of any existing, past or proposed mining, strip-mining, or any other excavations that might affect this 174 176" property? Yes -,Z?ro 176 176: Note to Buyer, The property may be subject to mine subsidence damage. Maps of the counties and mines where mine subsidence 176 177 damage may occur and mine subsidence insurance are, available through: Department of Environmental Protection, Mine Subsidence 177' 178 179 Insurance Fund, 25 Technology Drive,. California Technology Park; Coal Center, PA 15423 (800) 92 -q within Pennsylvania) or (724) 769- 10 t 'd e . 1 (" ? 178 171 180 Buyer Initials: a Date 6 r 1 /o SPA Page 3 of 5 Seller Initials: Da te ` l D 1 ao , 181 r})' Ts'theprope, or a portion of it; preferentiall} assessed £oTaaa ptttposes; 6r subject to lurhted`"developmenGnghts?'" 1a 132 No If `dyes", check all that apply below : 1P: 10 I arniland slid`? orest Land Assessment Act 72 P.S.§5490.1 et seq. (Clean and Greeii program) 182 1114 _ Open SpaceAct - 16 P.S. §11941 et seq, .. 184 185 r Agricultural Area Security Law - 3 P.S. §901 et seq. (Development Rights) 185 186 _ Other 186 107 Note to Bujj er: Penruylvania has enac(ed the Right to Farm Act (3 PS. §951-957) in an effort to: limit the cimianstances under which agrisultcn ul• opera- 187 186 ations may be subject to nuisance suits or ordinances. Buyers are encouraged to investigate whether arry agricultural operations covered by the Act 185 189 operate in the vidniO) of theproperty. 189 196 5) Are you aware of sewage sludge (other than commercially available fertilizer products) being spread on the property, or 1so 191 have youxeceived written notice of sewage sludge being spread on an •atijacent property? _Yes /No 101 ter 6) Are you aware of the transfer, sale and/or lease of any of the following property rights (by you or a previous owner of the 192 1e3 property)? __._ Timber ` Coal _ Oil _ Natural Gas _ Other minerals 183 194 Note to Buyer: Before entering into an agreement ofsale, Blcyer • can investigate the stably of these rights by, among other means, engaging legal coun- 184 195 sel, obtaining a title excnnination of unlimited years and searching the official records in the county ice of the Recorder ofDeeds, and elsewhere. Buyer 195 196 is also advised to investigate the teens of arty misting leases, as Buyer may be subject to terms of those leases. 1 ss 197 Explain any "yes" answers in this section: 197 198 198 199 (b) Iilooding/Drainage 199 200 1) Is any part of this property located in a wetlands area or a FEMA flood zone? _Yes No _ Unknown 200 201 2) Do you know of any pastor present drainage or flooding problems affecting the property? Yes _ No 201 . 282 E xplain any "yes" answers in this section, including dates and extent of flooding: 202 203 203 284 (c) Boundaries 204 205 1) Do you know of any encroachments, boundary line disputes, or easements affecting the property? Yes No 235 205 _ Note to Buyer Most prope7ties have easementsfor utility services and other reasons. These easements generally do not resirtct the alBinary use of fhe 206 287' property and Seller may not be aware of them. Before entering into an agreement of sale, Buyers can investigate the existence of easements and similar 207 208 miricti'ons by ordering an Abstract of Title or searching the qfflcial recoils in the county Office of the Recorder ofDeeds. 208 209 2) Do you access the property from a private road or lane? - Yes _ No 209 tie If yes, do you have a recorded right of way or maintenance agreement? _ Yes No 210 211 3) Are you aware of any shared or common areas (e.g., driveways, bridges, docks, walls, etc.) or maintenance agreements? • 211 212 Yes _ No 212 213 Explain any "yes" answers in this section: •213. 214 214 215 17 . HAZARDOUS SUBSTANCES AND ENVIRONMENTAL ISSUES 215 215 (a) Are you aware of any underground tanks (other than home heating fuel or septic tanks disclosed above)? Yes .?IINo 216 217 - it49` (b) Are you aware of any past or present hazardous substances present on the property (structure or soli) such as, but not limited to, 217 218 asbestos or polychlorinated biphenyls (PCBs), etc.? Yes- Z - No 218 219 7 (c) Are you aware of any tests for mold, fungi, or indoor air quality m the property? _ Yes No 219 220 (d) Other than general househol cleaning, have you taken any efforts to. control or remediate mold or mold-like substances in the 228 221 property? „ Yes No 221 222 Note to Buyer.- Individuals may be a$ected di er ently; or not at all, by mold contamination, If mold contamination or indoor air quality is a concern, 222 223 buyers are encouraged to engage the services o fa guali ted professional to do testing,1nfonnation on this-issue is available f-om the United States 223 224 ErrvironmentalFivtectialAgencyandmaybeobtautedbycontactingIAOMFO,P.O.Box37133, Washington, D.C. 20013-7133,1-800-438-4318 224 225 (e) Axe you aware of any dumping on the property? - Yes / No 225 226 (f) Have you received written notice Fgarding the presence of an environmental hazard or biohazard' on your property or any adja- 226 227 cent property? _ Yes / No 227 228 (g) Are you aware of any tests for radon gas that have been performed in any buildings on the property? Yes No 228 _ 229 ^ If "yes," list date, type, and results of all tests below: 229 238. DATE TYFE of TEST RESULTS (picoouries/liter or working levels) NAME of TESTING SERVICE 238 231 231 232 --- - 232 233 (h) Are you aware of any radon removal system on the property? _ Yes -/ No 232 234 If "yes," list date installed and type of system, and whether it is in working order below: 234 235 ..__._-------_-_DATE.INSTALLED_.----_IYPY..OE_>XSTEM..---.._._.----PR9VIDER.-----a- ORDER?_ 235 236 Yes -- No -? - 236 237 Yes _ No 237 238 (i) If property was constructed, or if construction began, before 1978, you must disclose any knowledge of lead-based paint on the 238 239 property. Are you aware of any lead-based paint or lead-based paint hazards on the property? Yes _ No 239 240 If "yes," explain how you lmow of it, where it is, and the condition of those lead-based paint surfaces: 240 241 241 242 *4461 242 243 Buyer Initials: Date D SPD Page 4 of 5 Seller Initials: Date o I7 243 244 - - - ....... . . (d) Ifipropertj +w&s° construoted, orrrftconstructzori:beganbdfoYe 11978,you5ittYst disclose7any;reportsdorJrecorcls ¢tlead'.basedpairi244 245 ordead`,based paint hazards tovithe.property. Are you aware?of?any reports or records regarding lead based;paintvor,lead=based 245 245 ;paint;hazards on the,property? _ Yes No 246 247 If "yes," list all available reports anal records: 247 248 _ (k) Are you aware of testing on the property for any other hazardous substances or environmental concerns -?Y!. es No 248 249 (1) Are you aware of of any other hazardous substances or environmental concerns that might impact upon :the oruetLy?. 249 250 _ Yes _ No 250 251 Explain any' yes" answers in this section: 281 252 252 253 18. CONDOMINIUMS AND OTHER HOMEO`VVIVLR. ,$SOCIATYONS (Complete only if-applicable) 253 254 Type: _ Condominium Cooperative Homeowner Association or Planned Community 254 255 Other: •• 255 256 Notice regarding Condominiums, Cooperatives, and Planned CnnununiWa 11 buyer of a resale unit in a condominium, cooperative, or planned 288 257 co7mntmity, must receive a copy of the declaration (other than the plays andpkns), the by-laws, the rules or regulations, and a certificate of resale issued 267 258 by the association in the condominium, cooperative, orplcmned community Buyers may be responsible for capital contributions, initiation fees or sim- z58 259 filar one-time fees in addition to regular monthly maintenance fees. The buyer will have the option of canceling the agreement with the retznrt of all 25s Zee deposit monies until the certificate has .been provided to the buyer and fo frve days thereafier or until conveyance, whichever occurs first, 26e 261 19. MISCELLANEOUS 261 282 (a) Are you aware of any historic preservation restriction or ordinance or archeological designation associated with the property? 262 263 Yes No 263 254 (b) Are you aware of any existing or threatened legal action affecting the property? Yes _ No 264 265 (c) Are you aware of any violations of federal, state, or local laws or regulations relating to this property? _ Yes _-'No 265 266 (d) Are you aware of any public improvement, condominium or homeowner association assessments against the property that re a. 288 267 unpaid or of any violations of zoning, housing, building, safety or fire ordinances that remain uncorrected? _ Yes No 267 288 (e) Are you aware of any judgment, encumbrance, lien (for•example, co-maker or equity loan), overdue payment on a support obli-- 268 269 gation, or other debt against this property that cannot be satisfied by the proceeds of this sale? _ Yes _ZNo 269 . 270 (f) Are you aware of any reason, including a defect in title, that would.prevent you from giving a=warranty deed or conveying Title to the 278 271 property? _ Yes _ No ? 271 272 (g) Are you aware of any insurance claims filed relating to the property? Yes -- No 272 273 (h) Are you aware of y material defects to the property, dwelling, or fixtures which are not disclosed elsewhere on-this form? 273 274 Yes N0 274 276 A material defect is a problem with a residential real property or any portion of it that would have a significant adverse impact 275 276 on the value of the property. or that involves an. unreasonable risk to people on the property: The fact that a structural element, 276 277 system or subsystem is at or beyond the end of the normal useful life of such a structural element, system or subsystem is not by 277 278 itself a material defect. 278 279 Explain any:°iyes" answers in this section: 279 280 261 The undersigned Seller represents that the information set forth infhis disclosure statement is accurate and complete to the best 280 281 282 of Seller's knowledge. Seller hereby authorizes the Listing Broker to provide-this information to prospective,buyers of the prop- 20 2e3 erty and to other-real estate licensees. SELIXR ALONE IS RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION 283 284 CONTAINED IN THIS STATEMENT. Seller shall cause Buyer to be notified in writing of any information supplied on this form 284 285 which is rendered inaccurate by a•ehange..in the condition of the pr perty following completion of this form. 285 206 / WITNESS iSET;LLR 1DAT1E U( 2B6 2e7 WITNES SELLI+; DATE (P l D 287 288 WITNE SELLER DATE 280 289 290 ....291..,. 292 293 EA'S CUTOR, ADMINISTRATOR, TRUSTEE SIGNATURE BLOCK According to the provisions of the Real Estate Seller Disclosure Law, the undersigned executor, administrator or trustee is not required to fill out a Seller's Property Disclosure Statement. The executor, administrator or trustee; must, however, disclose any known mate- rial defect(s) of the property. DATE 294 RE, CEIPT AND ACKNOWLEDGEMENT BY BUYER 295 _ _The undersigned Buyer ackno-iyledges-receipt of this AisclosureeSStatement. Buyer acknowledges that this Statement is not a 296 warranty and that, unless stated otherwise in the sales contract, Buyer is purchasing this property in its present condition. It 297 is Buyer's responsibility to satisfy himself or1erself as to the condition of the property. Buyer may request.tbat the property 298 be inspected, at Buyer's expense and by qualified professionals, t ter a the condition of the structure or its components. 299. WITNESS BUYER DATE F! C1 300 WITNESS 7? O DATE 301 WITNESS \? ---_ - BIM/ DATE 289 299 291 292 293 294 295 297 290 299 300 301 SPD Page 5 'of 5 ?x-k;ti?fi 'P'- )c, -)7 - l Dt?1 - t THIS DEED, MADE THE 16 day of 5ePTF)t* Ili-- in the year- of-our-Lord Twenty Hundred Ten (2010) BETWEEN THOMAS W. FREYSINGER and TAMARA K. FREYSINGER, his wife, Grantors, and JOHN W. PETERS and LOTS A. PETERS, his wife, Grantees, WITNESSETH, that in consideration of------------------------- ----Three Hundred Twenty Thousand ($320,000.00)--------Dollars in hand paid, send the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantees, their heirs and assigns: ALL THAT CERTAIN parcel known as Lot NO. 163, Phase ##, Section 'I, Hampden Heights, Hampden Township, Cumberland. County, Pennsylvania, according to a Plan of Hampden Heights for Park Hills West, Inc., by Wh:ittock-Hartman, Robert Hartman, R.P.E., dated June 9, 1986 and recorded in Plan Book 52, Page 70, bounded and described in accordance wi-h said plan as follows: BEGINNING at a point on the western right of way line of Musket Lane (a 50 foot-'right of way), said point being located at the eastern end of a curve connecting said western right of way line to the southern right of way line of Drummer Lane (a 50 foot right of way); thence from said point o beginning, by said Western right of way line South 12 degrees 24 minutes 51 seconds East, a distance of 110.01 feet to a point; thence by the line of Lot #164, South 77 degrees 35 minutes 09 seconds West, a distance of 125.00 feet to a point; thence by the line of Lot #162 North 12 degrees 24 minutes 51 seconds west, a distance of 120.01 feet to a point on the southern right of way line of Drummer Lane; thence by said southern right of way line North 77 degrees 35 minutes 09 seconds East, a distance of 115.00 feet to a point; thence by a curve to the right, having a radius of 10.00 feet and an arc distance of 15.71 feet to a po:_nt, the place of BEGINNING. BE-NG Lot #163 on the Final Subdivision Plan of Phase #3, Section II, "Hampden Heights", said lot containing 14,979.38 square feet. HAVING THEREON ERECTED a two-story dwelling also known as :116 Musket Lane. BEING the same premises which Troy Hardin, Jr. and Marshia K. Hardin, his wife, by deed. dated June 10, 1989, and recorded in the Cumberland County Recorder of Deeds Office in Book G33, Page 339, granted and conveyed unto Thomas W. Freysinger and Tamara K. Freysinger, his wife, Grantors herein. SUBJECT to easements, restrictions and building lines of Record. SUBJECT to Protective Covenants recorded in Cumberland County Recorder of Deeds Office in Miscellaneous Book 265, Page 599. AND the said grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said grantors have hereunto set their hand and seed the day and year first above written. Signed, Sealed and Delivered in the Presence of THOMAS W. F RE ' I R TAMARA K. FREYS LAGER State/Commonwealth of ss. County of On this, the day of -2010, before me, the undersigned officer, personally appeared Thomas W. Freysinger and Tamara K. Freysinger, his wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official sea,_ . t;UPJitu10NVVEAtr S ? U:? ?E?i+P?1?•`'`J??o?iL+, `Notarial Sea; _ i Anna Mane Mader, Notary €1,40 Hampden Twp., Cumberland County I My Commission Expires Aug. 16, 2012 CJ m+aer, r P_Sir:S7/tvN?ia F=E' ociaficr (7 ; G':arie s Notary Public Title of Officer State/Commonwealth of County of On this, the day of , 2010, before me, the undersigned officer, personally appeared known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary .Public Title of Officer. do hereby certify that the precise residence and complete pest office address of the within named gran?tee/ is M-e?t aI ( 5 bowl, Attorney for ?/XA;h?? C STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE ASR This fort recommended and approved for, but not restricted to use by, the members of the Pennsylvania Association of RCALTORSO (PAR). PARTIES BUYEI R(S): Z D ?-? t"? , -I-° • ^ SEI LLER(S): ?C?v c ? e BUYER'S MAILING ADDRESS: 9 1 « /: 2, 3, SELLER'S MAILING PRESS: O Y L-? U ZIP 0-,;-D_ e in the municipality of County of r sir 0.? in the School District of CLAM in the Commonwealth of Pennsylvania. Identification (e.g., Tax ID #; Parcel #; Lot, Block; Deed Book, Page, Rec ing Date). BUYER'S RELATIONSHIP WITH PA LICENSED BROKER ? No Business Relationship (Buyer, is not represented by a broker) Broker (Company) ?1ieY Licensee(s) (Name) fC1<u; g Company Address -L4Q?S L , 7-2t?(/- Company Phone 7 Company Fax O) r O 1? ? --- - Broker is: ? Buyer Agent (Broker represents Buyer only). P,Dual Agent (See Dual and/or Designated Agent box below Direct Phone(s) 5 2 ,0 -39'057 Cell Phone(s) S 51--erg Fax O -CSC - - Email uy s.. Cl-?-' ra jn +vzj2AL2 , C crrr? Licensee(s) is: KBuyer Agent with Designated Agency ? Buyer Agent without Designated Agency ? Dual Agent (See Dual and/or Designated Agent box below) I ? Transaction Licensee (Broker and Licensee(s) provide real estate services but do not represent Buyer) SELLER'S RELATIONSHIP WITH PA LICENSED BROKER ' ? No Business Relationship (Seller is not represented by a broker) Broker (Company) Company Address L( O s 4--,0 k-' 7 Q57) Company Phone _?_j= d CD Company Fax Broker is: ? Seller Agent (Broker represents Seller only) PDDual Agent (See Dual and/or Designated Agent box below) (Name) 37w, w, lJ?-115' 2 Direct Phone(s) Cell Phone(s) G Fax Email Licensee(s) is: ?ellerAgent with Designated Agency ? Seller Agent without Designated Agency ? Dual Agent (See Dual and/or Designated Agent box below) I - - ? Transaction Licensee (Broker and Licensee(s) provide real estate services but do not represent Seller) A Broker is a Dual 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 UNLESS 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(. Buyer Initials: `ll AL) / ?`r'- t ASR Page I of 11 Seller Initials. r\ "- Revised 1/10 ?? I Pennsylvania Association of REALTORS COPYRIGHT PENNSYLVANIA ASSOCIATION OFREALTORSO 2010 1/10 t. Is this .r greement dated i.d? r 9 rf . t yt Sel er hereby agrees to sell and convey to Btlyox; wli u;;t•eos to ,put chase, 'tile id+ 2. PURCIIAS;ti IT?ICE AN1D rPOSITS 10) / 4 (A) Purchase Price $ ,J J-0 P. U.S lltt be paid by Buyer -I- -follows: 1. D 1..)osit atsiguiug of this:Agteement: s 2. Deposit within days of the Execution Date of tlfis Agreement:. n 3, +++ 4. Remaining balance will be paid at settlement. T ;; (B) All funds paid by Buyer, including, deposits, iviil be paid by elieck, cashier's Check oi• wired funds. All-funds paid by Buyer +'_ )vUldo 30 DAYS of settlement; Including funds paid at settlement, will be by cashier's cheelr or- wired funds, but not by per- ; I sonal check, +;, . (C) Deposits, regardless of the form orpayment and the person designated as payee, will be paid. in U.S. Dollars to Broker for Seller is (unless otherwise stated here; j if. who will retain deposits in an e%4=w, account in conformity with all applicable laws and regulations until cons uraination or ter- ! u urination of this Agreement, pttly.real estate brokers are required to hold deposits in accordance with the rules and regulations of IF, the Stwte Real Estate Commission. Checks tendered. as depoiiif.monies shay be held uncashed pending the execution of this i!? Agrecnteut. ,p 3. SELLER ASSISI' (HApplicable) (1-10) 3+ Seller will pay $ • "" ti ,> _- " of % of 1'ntcltase Price .(0 if not specified) toward 22 Buyer's, costs, as permitted by the grortgage lender,. if atty. Seller is only obligated'to pay LIP to th.o arrrount or percentage which is I l approved by mortgage lender. 4. SETTLEMENT AND 1'010 ?SaESSIO' TAT (1-10) + 215 (A) Settlement Date is t;y ?3 ?? ,1> to I's or before if Buyer and Seller agree. aF (B) Settlement will occur iu the".cotutty wLere the Property is orated or in an adjacent. county, chn ing noiirial business hears, unless Buyer and Seller agree otherwise. i as (C) Atthrie of settlement, the following will be pro-rated on a daily basis between Buyer and Seller reimbursing where applicable: 29. current taxes (sea Notice Regarding Real Estate Taxes); rents; inficrest on inortgaDe assumptions; coudotnrnium fees and home- 3D. owner association fees; water and/or sewer fees, -together with any other Tienalzle municipal service fees. All. charges w:ll(: be pro- 1 31 ratedfor the period(n) covered. Seller will pay up to and iaeluding the date of settlement and Buyer witl,pay for all days follow 32 ing settlement, unless otherwise stated here: 34 (D) Conveyance from Seller will be by fee simple deed of special,warranty unless otherwise stated here: ? 36 (E) Payment of transfer taxes will be divided equally between Buyer and Setee r unless dthetwise stated here: 37 ,s. (F) Possession is to be delivered by deed, existing keys.and physical. possession. to a vacant Property free of debris, with all structures 39 broom-clean, at day and time of settlement, unless Seller, before signing.this.Agreement, has.identified. in writing that•the.Property 40 is subject to a. lease, 41 (G)? If Seller has identified in, writing that -the Property is subject to a- lease, possession.is to be delivered by deed, existing keys.and 41. assigrmiedt.of- existing leases tbrthe Property, together with security deposits and interest, if euny, at day nud time ofsettlement.Seller 13 will not enter into any new leases, nor extend existing' leases, for flte• Property Without the 'Written consent; of Buyer._,Bttyer will 44 acknowledge existing lease(s) by inifialing:the'lease(s) at the execution of this-Agreemcnf, unless otherwise stated un this A't c etit. rn, 45 © tenant-Occupied :Property Addeadluin (PAR Form TOP) is attached: 46 5. IDATEWTIMEE .IS OF TifM ESSENCR (1-10) .n (A) Written acceptance of all parties wlll be on or before: U, (13) The Settlement Date and all other elates and tithes identified for;tllc,perfbrniance'of any obligations of this Agreement are of the +r essenm and are binding. 50 (C) The Execution Date of this Agreement is the date when Buyer andSeller have ilydicated fullacceptatice of this Agreement by sign- s+ ing and/or initialing it. For purposes of this Agreemreut; the number of days will be counted from the Emecution Date, excluding the day this Agreement was executed and including the last clay of the time period. All cltutlges to this Agreenrentshould be hii- s.; tialed and dated. s-i (D) The, SelllernentDate is not extended by any oflrerprovision ofthis Agreement and may only be extended by mutual written ngree sS ment ofthe patties. w . (E) Ccrtain.ternrs and time periods are.pre-printed ill this Agreement as a converrienceto the Buyer and.Se.lle>r All pre-printed teinis 37 and time periods are negotiable and may be changed by striking out the pre-printed text and inserting different terns acceptable . 5R to all parties. i9 6. ZONING (1-10) Gn Failure of this Agreement to contain the zoning classification (except in cases where the-property {and each parcel thereof, if subdi- er vidablc} i3 zoned solely or primarily to perinit single-family dwellings) will render ..this Agreement voidable at Buyer's option,.and, if voided, any deposits tendered by the Buyer wit] be returned to the. Buyer without any requiren7ent for court action. 63 Zouing Classification: (,q Buyer Initials: ASR Foge 2 of U Setter Initials: I WJ'- _/. _ Revised I/10 65 7. FIXTURES AND PERSONAL PROPERTY (1-10) ec, (A) INCLUDED in this sale are all existing items permanently installed in the Property, free of liens, and other items including 67, plumbing; heating; radiator covers; lighting fixtures (including chandeliers and ceiling fans); pool and spa equipment (including r,r; covers and cleaning equipment); electric animal fencing systems (excluding collars); 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 70 time of settlement; smoke detectors and carbon monoxide detectors; sump pumps; storage sheds; fences; mailboxes; wall to wall 71 carpeting; existing window screens, storm windows and screen/storm doors; window covering hardware, shades and blinds; 72 awnings; built-in air conditioners; built-in appliances; the range/oven, unless otherwi ' es ted and, if owned, water treatment sys- 73 tem?sd?PT any tanks, satellit/@-dishes and ecurity systems. Also uded: ,, 74 d ( - any 1 i7 )r, ?4 Y t" I !%Lt J73 S' i y . ®/ //l' it a !`? hn . - ;e r ? r . sra P t 75 (B) The following items are LEASE15 (riot owned by Seller). Contact the provider/ven or or more information (e.g., water treatment 76 systems, propane tanks, satellite dishes and security systems): 77 (C) EXCLUDED fixtures and items: 78 79 8. MORTGAGE. CONTINGENCY (1-20) 80 O WANED. This sale is NOT contingent ommortgage financing, although Buyer may obtain mortgage financin and/or the ar- g. p 81 ties may include an appraisal contingency. s? ELECTED. 83 ( ) This sale is contingent upon Buyer obtaining mortgage financing according to the following terms: 84 First Mortgage on the Property Second Mortgage on the Property 85 Loan Amount $ r © c c Loan Amount $ 86 _ _ __ yeas Minimum Term ~ - Minimum Term years 87 Type of mortgage - Type of mortgage ss Loan-To-Value (LTV) ratio: Loan-To-Value (LTV) ratio: 89 For non-FHA/VA loans LTV ratio not to exceed % For non-FHA/VA loans LTV ratio not to exceed % 911 Mortgage lender Qtr, j. ?. eJ Mortgage lender '1 ? ( S 92 Interest rate q-375-%, however, Buyer agrees to accept the . Interest rate %; however, Buyer agrees to accept the 93 interest rate as may be committed by the mortgage lender, not interest rate as may becommitted .by the mortgage lender not to to exceed a maximum interest rate of 5% Q %. , exceed a maximum interest rate of %. 95 Discount points, loan origination, loan placement and other fees Discount points, loan origination; loan placement and other fees 96 charged by the lender as a percentage of the mortgage loan (exclud- charged by the lender as a percentage of the mortgage loan (exclud- 97 ing any mortgage insurance premiums or VA funding fee) not to ing any mortgage insurance premiums or VA funding fee) not to 98 exceed % (0% if not specified) of the mortgage loan. exceed % (0% if not specified) ofthe mortgage loan. 99 (B) The interest rate(s) and fee(s) provisions in Paragraph 8(A) are satisfied:if the mortgage lender(s) gives Buyer the right to guar- loo antee 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 inter- 101 est rate(s), Buyer will do so at least 1 days before Settlement Date. Buyer gives Seller the right, at Seller's sole option and 102 as permitted by law and the mortgage lender(s), io contribute financially; without promise of reimbursement, to the Buyer and/or 103 the mortgage lender(s) to make the above mortgage term(s) available to Buyer. 104 (C) Within days,(7 if not specified) from the Execution Date of this Agreement, Buyer will make .a completed, written mort- 10s gage application (including payment for and ordering' of appraisal and credit reports without delay, at the time required by 106 lender(s)) for the mortgage terms and to the mortgage lender(s).identified in..Paragraph,:8(A),"if any, otherwise to a responsible 107 mortgage lender(s) of Buyer's choice. Broker for Buyer; if any, otherwise Broker for Seller; is authorized to communicate with 109 the mortgage lender(s) to assist in the mortgage loan process, 109 (D) Buyer will be in default of this Agreement if Buyer furnishes false information to anyone concerning Buyer's financial 11 c, and/or employment status, fails to cooperate in good faith with processing the mortgage loan application (including delay 111 ofthe appralsal), fails to lock in interest rate(s) as stated in Paragraph 8(B), or otherwise causes the lender to reject, refuse 112 to approve or issue a mortgage loan co mit?nent.,., 113 (E) 1. Mortgage Commitment Dater / , 45R (/ Upon receiving a mortgage commitment, Buyer will 114 promptly deliver a copy of the commitment to Seller. 114 2. If Seller does not receive a copy of the mortgage commitment(s) by the Mortgage Commitment Date, Seller may terminate 116 this Agreement by written notice to Buyer. Seller's right to terminate continues until Buyer delivers a mortgage commitment 117 to Seller. Until Seller terminates this Agreement, Buyer is obligated to make a good-faith effort to obtain mortgage financing. Hs 3. Seller may terminate this Agreement by written notice to Buyer after the Mortgage Commitment Date if the mortgage conunitment: 119 a, Does not satisfy the terms of Paragraph $(A), OR 120 b. Contains any condition not specified in this Agreement (e.g., the Buyer must settle on another property, an appraisal must 12) be received by the lender, or the mortgage commitment is not valid through the. Settlement Date) that is riot satisfied and/or 122 removed in writing by the mortgage lender(s) within 7- DAYS after the Mortgage Commitment Date in Paragraph 12.1 8(E)(l), or any extension thereof, other than those conditions that are customarily satisfied at or near settlement (e.g., 124 obtaining insurance, confirming employment). 125 4. If this Agreement is terminated pursuant to Paragraphs 8(E)(2) or (3), or the mortgage loan(s) is not obtained for settlement, tar, all deposit monies will he returned to Buyer according to the terms of Paragraph 22 and this Agreement will be VOID. Buyer 127 will be responsible for any costs incurred by Buyer for any inspections or certifications obtained according to the terms of 128 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- 130 lation; (3 Appraisal fees and charges paid in advance to mortgage lender(s). 131 Buyer initials: l_ GrL?I ASR Page 3 of 11 seller Initials: V?!{ / R evicerl 1 /t 0 132 (F) If the mortgage lender(s), or a property 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 5 134 DAYS of receiving the copy of the requirements, Seller will notify Buyer whether Seller will make the required repairs at Seller's 13.5 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 Paragraph 24 of this Agreement. 131; 2. If Seller will not make the required repairs, or if Seller fails to respond within the stated time, Buyer will, within 5 139 DAYS, notify Seller of'Buyer's choice to: Inn a. Make the repairs/improvements at Buyer's expense, with permission and access to the Property given by Seller, which 141 will not be unreasonably withheld, OR 142 b. Terminate this 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 8(F)(2) or fails to terminate this Agreement•by written notice 145 to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement 140 FHA/VA, IF APPLICABLE 147 (G) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to complete a pur- 14s chase of the Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise, ess Buyer toy has been given, in accordance with HUD/FHA or VA requirements, a written statement by the Federal Hou ' Commissioner, 15o Veterans Administration, or a Direct Endorsement Lender setting forth the appraised value of the P erty of not less than 151 $ (the Purchase Price as stated in this Agreement). Buyer will h e privilege and option of 152 proceeding with consummation of the contract without:regard to the amount of the apprais aluation. The appraised valuation t5 is arrived at to determine the maximum mortgage the Deparlm nt o Housing and g n Development will insure. HUD does 154 not warrant the value nor the condition of the Property. Buyer atisfy hi 6@f/herself that the price and condition of the 1.5Property are acceptable. ? 156 Warning: Section 1010 of Title 18, U.S.C., Departmer?t\o ing and Urban Development and Federal Housing 157 Administration Transactions, provides, "Whoever for the pu a if... influencing.in any way the action of such Department, 1518 makes, passes, utters or publishes any statement, kno 'ng?fi c same to be false shall be fined under this title or imprisoned not 159 more than two years, or both." 160 (H) L.S. Department of Housing and Urba evelopment (HUD) NOTICE TO PURCHASERS: Buyer's Acknowledgement 16t ? Buyer has received the HUD N. ' e"For Your Protection: Get a Home Inspection." Buyer understands the importance of 162 getting an independent hop inspection and has thought. about this before signing this Agreement. Buyer understands that 163 FHA will nMtmeto ome inspection nor guarantee the price or condition of the Property. 164 (1) Certification dersigned, Seller(s) and Buyer(s) party to this transaction each certify that the terms of this contract 165 for purchase e best of our k nowledge 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. 1c7 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 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: 176 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 notmarrant the meth- 180 ods or the results of radon tests. 181 (B) Status of Water 182 Seller represents that the Property is served by: 183 Public Water ? Community Water ? On-site Water ? None ? 184 (C) Status of Sewer 185 iler.represents that the Property is served by: 186 Public Sewer ? Community Sewage Disposal System ? Ten-Acre Permit Exemption (see Sewage Notice 2), 187 ? Individual On-lot Sewage Disposal System (see Sewage Notice 1.) ? Holding Tank (see Sewage Notice 3) 1118 ? Individual On-lot Sewage Disposal System in Proximity to Well (see Sewage Notice 1; see Sewage Notice 4, if applicable) 189 ? None (see Sewage Notice 1) ? None Available/Permit Limitations in Effect (see Sewage Notice 5) 190 ? 191 (D) Historic Preservation 192 Seller is not aware of historic preservation restrictions regarding the Property unless otherwise stated here: 193 194 Iiuver Initials: /NUJ--/_IZ ASR Page 4 of 11 Seller Initials:! ?7`? 145 (E) ? Property, or a portion of it, is preferentially assessed for tax purposes under the following Act(s) (see Notices Regarding Land 196 Use Restrictions): lo: ? Farmland and Forest Land Assessment. Act (Clean and Green Program; Act 319 of 1974; 72 P.S. § 5490.1 et seq.) 1% ? Open Space Act (Act 442 of 1967; 32 P.S. § 5001 et seq.) 199 ? Agricultural Area Security Law (Act 43 of 1981.; 3 P.S. §901 et seq.) 200 ? Other 201 (F) Seller represents that, as of the date Seller signed this Agreement, no public improvement, condominium or homeowner associa- 202 tion assessments have been made against the Property which remain unpaid, and that no notice by any government 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 viola- 205 lion of any such ordinances that remain uncorrected, unless otherwise specified here: 206 207 (G) Seller knows of no other potential :notices (including violations) and/or assessments except as follows: lox - 209 (H) Access to a public road may require issuance of a highway occupancy permit from the Department of Transportation. 210 1.0. WAIVER OF CONTINGENCIES (9-05) 211 If this Agreement is contingent on Buyer's right to inspect and/or repair the Property, or to verify insurability, environmental 212 conditions, boundaries, certifications, zoning classificationor use, or any other information regarding the Property, Buyer's 213 failure to exercise any of Buyer's options within the times set forth in this Agreement is a WAIVER of that contingency and 214 Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 of this Agreement. 215 11. 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 21s surveyors, municipal officials, appraisers and inspectors. All parties and their real estate licensee(s) may attend any inspections. 219 2. Buyer may make a pre-settlement walls-through inspection of the Property. Buyer's right to this inspection is not waived by 220 any other provision of this Agreement. 221 3. Seller will:have beating and all utilities (including fuel(s)) on for all. inspections/appraisals. 2222 4. All inspectors, including home inspectors, are authorized by Buyer to provide a copy of any inspection Report to Broker for Buyer. ,23 5. Seller has the right, upon request, to receive a free copy of any inspection Report from the party for whom it was prepared. 274 (B) Buyer waives or elects at Buyer's expense to have the following Inspections, certifications, and investigations (referred to as 225 "Inspection" or "Inspections") performed by professional contractors, home inspectors, engineers, architects and other properly 226 licensed or otherwise qualified professionals. If the nine inspector is inspecting more than one system, the inspector must com- 227 ply with . the Home Inspection Law. (See Notice Regarding the Home Inspection Law) 228 (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 accept the Property; terminate this Agreement, or submit a 230 Written Corrective Proposal(s) to Seller, according to the terms of Paragraph 12(B). 231 Home/Property Inspections and Environmental:Hazards (mold, etc.) 232 E ct . Buyer may conduct an inspection of the Property's structural components;roof, exterior windows and exterior Waived 233 doors; exterior siding, Exterior Insulation and Finish Systems, fascia, gutters and downspouts; swimming pools, hot / 234 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 environmental hazards (e.g., fungi, indoor air quality, asbestos, underground storage tanks, 237 etc.); and any other items Buyer may select. If Buyer elects to have a home inspection of the Property, as defined' in 238 the Home Inspection Law, the home inspection must be performed bya full member in good standing of a national 239 home inspection association, or a person supervised by a-.full member of a.nat onal home inspection association, in 240 accordance with the ethical standards and code of conduct or practice of that association, or by a properly licensed 241 or registered engineer or architect. (See Notice Regarding the Home Inspection Law) 242 Wood Infestation 243 1 tecJ, uyer may obtain.a written "Wood-Destroying Insect Infestation Inspection Report" from an. inspector certified as Waived 244 /wood-destroying pests pesticide applicator and will deliver it and all supporting documents and drawings provid- / 211.5 ed by the inspector to Seller. The Report is to be made satisfactory to and in compliance with applicable laws, mort- 246 gage lender requirements, anal/or Federal Insuring and Guaranteeing Agency requirements. The Inspection is to be 247 limited to all readily-visible and accessible areas of all structures on the Property, except fences. If the Inspection 248 reveals active infestation(s), Buyer, at Buyer's Expense, may obtain a Proposal from a wood-destroying pests pes- 2°19 ticide applicator to treat the Property. If the Inspection reveals damagefrom active or previous infestation(s), Buyer 250 may.obtain a written Report fi-om a.professional contractor, home inspector or structural engineer that is limited to 251 structural damage to the Property caused by wood-destroying organisms and a Proposal to repair the Property. '-52 Radon ='51 Q et uyer may obtain a radon test of the Property fi•om a certified inspector. The U.S. Environmental Protection Waived 254 Agency (EPA) advises corrective action if .the average annual exposure to radon is equal to or higher than 0.02 / 255 working levels or 4 picoCurics/liter (4pCi/L). --- 256 Water Service 217 Elected Buyer may obtain an Inspection of the quality and quantity of the water system from a properly licensed or otherwise y 25S qualified water/well testing company. If and as required by the inspection company, Seller, at Seller's expense, will 259 locate and provide access to the on-site (or individual.) water system, Seller will restore the Property to its previous con- 260 dition, at Seller's expense, prior to settlement. 261 Buyer Initials: ASR Page 5 of 11 Seller Initials - lk ! n-1-1 I/M 202 On-iot Sewage (If Applicable) 263 Elected Buyer may obtain an Inspection of the individual on-lot sewage disposal, system from a qualified, professional Waived 264 __ / inspector. If and as required by the inspection company, Seller, at,Seller's expense, will locate, provide access to, 205 and empty the individual on-lot sewage disposal' system. Seller will. restore the Property to its previous condition, 266 at Seller's expense, prior to settlement. See paragraph. 12(C) for more information regarding the Individual On-lot 267 Sewage Inspection Contingency. '268 Property Insurance 2()9 E Buyer may determine the insurability of the Property by making.applcation for property and casualty insurance for Waived 270 the Property to a responsible insurer. Broker for Buyer, if any, otherw- e'Broker for Seller, may communicate with ??+ ???"? the insurer to assist in.the: insurance process. if the Propert eed y is located in c a flood plain, Buyer may be required to 2n arry flood insurance at Buy er's expense, which mayn to b e ordered 1 4 days or more prior to Settlement Date. 273 Property Boundaries 274 Elected Buyer may engage the services of a surveyor, title abstractor, or other qualified ;professional to assess the legal v 275 _/__ description, certainty and location of boundaries and/or quantum of land. Most Sellers have not had the Property 276 surveyed as it is not a requirement of property transfer in Pennsylvania. Any fences, hedges, walls and other natural 277 or constructed barriers may or may not represent. the true boundary lines of the Property. Any numerical represen- 278 tations of size of property are approximations only and may be inaccurate. 279 Deeds, Restrictions and Zoning 280 Elected Buyer may investigate easements; deed and use restrictions (including any historic preservation restrictions or ordi v d 281 nances) that apply to the Property and review local zoning ordinances. Buyer may verify that the present use of tha 282 Property (such as in-law quarters, apartments, home office, day care) is permitted and may elect to make the 283 Agreement contingent upon an anticipated use. Present use: 284 Lead-Based Paint Hazards, (For Properties prior to 1978 only) 285 Elected Before Buyer is obligated to purchase a residential dwelling built prior to 1975, Buyer has the option to conduct a Waived 286 __/_ risk assessment. and/or inspection of the Property for the presence of lead-based paint and/or lead-based paint hraz- ,87 ards unless Buyer waives that right. Regardless of whether this inspection is elected or waived, the Residential 28r Lead-Based Paint Hazard Reduction Act requires a Seller of property built prior to 1978 to provide the 2s9 Buyer with an EPA-approved lead hazards information pamphlet titled Protect Your Family from Lead in 290 Your Home, along with a separate form, attached to this Agreement, disclosing Seller's knowledge of lead- 29+ based paint hazards and any lead-based paint records regarding the Property. (See Notices Regarding 292 Residential Lead-Based Paint Hazard Reduction Act) 243 Other 294 Elected Waived 2,95 296 297 The Inspections elected above do not apply to the following existing conditions and/or items: 298 _ ,94 300 12. INSPECTION CONTINGENCY (1-10) 301 (A) The Contingency Period is . days (10 if riot specified).from the Execution Date of this Agreement for each Inspection elect- 302 ed in Paragraph II(C), except the following: 303 Inspection(s) Contingency Period 3oa days 305 _ days 306 days 307 days 08 (B) Except as stated in Paragraph 12(C), if the result of any Inspection elected in Paragraph 11(C) is unsatisfactory to Buyer, Buyer 09 will, within the stated Contingency Period: 310 1. Accept the Property with the information stated in the Report(s) and agree to the RELEASE in Paragraph 24 of this Agreement, OR 311 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of 312 Paragraph 22 of this Agreement, OR 31; 3. Present the Report(s) to Seller with a Written Corrective. Proposal ("Proposal") listing corrections and/or credits desired by Buyer. 314 The Proposal may, but is not required to, include the name(s) of a properly. licensed or qualified professional(s) to perform 31i the corrections requested in the Proposal, provisions foi- payment, including retests, and a projected date for completion 316 of the corrections. Buyer agrees that Seller will not be held liable for corrections that. do not comply with 317 mortgage ender or governmental requirements if performed in a workrnarllike manner .according to the 'term_s of 318 Buyer's Proposal. _ 319 a. No later than days (5 if not specified) from the end of the Contingency Period(s), Seller will inform Buyer in 320 writing that Seller will: 321 (1) Satisfy all tenns of Buyer's Proposal(s), OR 322 (2) Not satisfy all terms of Buyer's Proposal(s). 323 b. If Seller agrees to satisfy all terms of Buyer's Proposal, Buyer accepts the Property and agrees to the RELEASE in 374 Paragraph 24 of this Agreement. 325 Buyer lnitials:?/ ASR Page 6 of 11 Seller InitinLs: ?/ / ` ?" 326 c. Within days (2 if not specified) of the receipt of written 'notification that Seller will not satisfy all terms of 321 Buyer's Proposal, or the time stated in paragraph 12(B)(3)(9) if Seller fails to choose either option in writing, whichever 3X' occurs first, Buyer will: :329 (1) Accept the Property with the information stated in the Report(s) and agree to the RELEASE in Paragraph 24 of this 311 Agreement, OR ?311 (2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms 332 of Paragraph 22 of this Agreement, OR. 333 (3) Enter into a mutually acceptable written agreement with Seller, providing for any repairs or improvements to the 3•+4 Property and/or any credit to Buyer at settlement, as acceptable to the mortgage lender, if any. 33. If Buyer fails to respond within the time stated in Paragraph 12(B)(3)(c) or fails to terminate this Agreement by 336 written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement. 3t; (C) 11'a Report reveals the need to expand or replace the existing individual on-lot sewage disposal system, Seller may, within 339 days (25 if•not specified) of receiving the Report, submit a Proposal to Buyer, The Proposal will include, but not be limited to, the 340 name of the company to perform the expansion or replacement; provisions for payment, including retests; and a projected com- pletion date for corrective measures. Within 5 DAYS of receiving Seller's Proposal, or if no Proposal is provided within the = ?- stated time, Buyer will notify Seller in writing of Buyer's choice to: ,43 1. Agree to the terms of the Proposal, accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement, OR >44 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of 345 Paragraph 22 of this Agreement, OR 346 3. Accept the Property and the existing system and agree to the RELEASE in Paragraph 24 of this Agreement. If required by any 341 mortgage lender and/or any. governmental authority,.Buyerwill -correct the. defects before settlement or within the time required Sat; by the mortgage lender and/or governmental authority, at Buyer's sole expense, with perniission and access to.the Property given 349 by Seller, which may not be unreasonably withheld. If Seller denies Buyer permission and/or access to correct the defects, Buyer 350 may; within 5 DAYS of'Seller's denial, terminate this Agreement by written notice to Seller, with all deposit monies returned is] to Buyer according to the terns of Paragraph 22 of this Agreement. 352 If Buyer fails to respond within the time stated in Paragraph 12(C) or fails to terminate this Agreement by written notice s,3 to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement. 3sy 13. NOTICES, ASSESSMENTS AND MUNICIPAL REQUIREMENTS (1-10) _3?,5 (A) In. the event any notices,, including violations, and/or assessments are received after Seller has signed this Agreement and before 356 settlement, Seller will within 5 DAYS of receiving the notices and/or assessments provide a copy of the notices and/or assess- :357 ments to Buyer and will notify Buyer in writing that Seller will: 358 1. Fully comply with the notices and/or assessments, at Seller's expense, before settlement. If Seller fully complies with the 354notices and/or assessments, Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 of this Agreement, OR 360 2. Not comply with the notices and/or assessments. If Seller chooses not to comply with the notices and/or assessments, or fails 361 within the stated time to notify Buyer whether Seller will comply, Buyer will notify Seller in writing within 5 DAYS 362 that Buyer will: 363 a. Comply with the notices and/or assessments at Buyer's expense, accept the Property, and agree to the RELEASE in 364 Paragraph 24 of this Agreement, OR 365 b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of 366 Paragraph 22 of this Agreement. 30' If Buyer fails to respond within the time stated in Paragraph 13(A)(2) or fails to terminate this Agreement!by written notice 368 to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph, 24 of this Agreement. 369 (B) If required by law, within 30 DAYS from the Execution Date of this Agreement, but in no case later than 15 DAYS prior 370 to Settlement Date, Seller will order at Seller's expense a certification from the appropriate municipal department(s) disclosing 371 notice of any uncorrected violations of zoning, housing, building, safety or fire ordinances and/or a certificate permitting occu- 372 pancy of the Property. If Buyer receives a notice of any required repairs/improvements, Buyer will promptly deliver a copy of 373 the notice to Seller. 374 1. Within 5 DAYS of receiving notice from the municipality that repairs/improvements are required, Seller will deliver a 375 copy of the notice to Buyer and notify Buyer in writing that Seller will: 376 a. Make the required repairs/improvements to the satisfaction of the municipality. If Seller makes the required 377 repairs/improvements, Buyer accepts the Property and. agrees to the RELEASE in.Paragraph 24 of this Agreement, OR 378 b. Not make the required repairs/improvements. If Seller chooses not to make the required repairs/improvements, Buyer will 379 notify Seller in writing within 5 DAYS that Buyer will: 380 (1) Make the repairs/improvements at Buyer's expense, with permission and access to the Property given by Seller, which -- 383--- --- will-not-be-unreasonably-withheld,--OR----______ 31%2 (2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms 383 of Paragraph 22 of this Agreement. 384 If Buyer fails to respond within the time stated in Paragraph 13(B)(1)(b) or fails to terminate this Agreement by 3xs written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 3x6 24 of this Agreement, and Buyer accepts the responsibility to perform the repairs/improvements according to the 387 terms of the notice provided by the municipality. 388 2. If Seller denies Buyer permission to make the required repairs/improvements, or does not provide Buyer access before 389 Settlement Date to make the required repairs/improvements, Buyer may, within 5 DAYS, terminate this Agreement by 390 written notice to Seller, with all deposit monies returned to Buyer according to the terms of Paragraph 22 of this Agreement. 391 Buyer Initials:-ASR Pa; e 7 of 11 Seller Initia 392 3. If repairs/improvements are required and Seller tails to provice a copy or me nonce io buyer as acaluaacu W LL,w I61.agLILy11, X71 Uvi 3`.1 will perform all repairs/improvements as required by the notice at Seller's expense. Paragraph 13(B)(3) will survive settlement. 394 14. CONDOMINIUM/PLANNED COMMUNITY (HOMEOWNER ASSOCIATIONS) RESALE NOTICE (1-10) 39, Property is NOT 'a Condominium or part of a Planned Community unless checked below. 396 ? CONDOMINIUM. The Property is a unit of a condominium that is primarily run by a unit owners'. association. Section 3407 of the 397 Uniform Condominium Act of Pennsylvania, (see Notice Regarding Condominiums and Planned Communities) requires Seller to 3'ks furnish Buyer with a Certificate of Resale and copies of the condominium declaration (other than plats and plans), the bylaws and 399 the rules and regulations of the association. 40 PLANNED COMMUNITY (HOMEOWNER ASSOCIATION). The Property is part of a planned community as defined by the 401 Uniform Planned Community Act (see Notice Regarding Condominiums and Planned Communities). Section 5407(a) of the Act 402 requires Seller to furnish Buyer with a copy of the Declaration (other than plats and plans), the bylaws, the rules and regulations 403 of the association, and a Certificate containing the provisions set forth. in section 5407(x) of the Act. 404 THE FOLLOWING APPLIES TO PROPERTIES THAT ARE PART OF A CONDOMINIUM OR A PLANNED COMMUNITY. 405 (A) Within 15 DAYS from the Execution Date of this Agreement;'Seller, at Seller's expense, will request from the association a 400 Certificate of Resale and any other documents necessary to enable Seller to comply wi.th'the relevant Act. The Act provides that 4()',' the association is required to provide these documents within 10 days of Seller's request. 40,N (B) Seller will promptly deliver to Buyer all documents received.from the association. Under theAct, Seller isnot liable to Buyer for 4011 the failure of the association to provide the Certificate in a timely manner or for any incorrect information provided: by the asso- 410 ciation in the Certificate. 411 (C) The Act provides that Buyer may declare this Agreement VOID at any time before Buyer receives the association documents and 412 for 5 days after receipt, OR until settlement, whichever occurs first. Buyer's notice to Seller must be in writing; upon Buyer declar- 41 _. ing this Agreement void, all deposit monies will be returned to Buyer according to the terms of Paragraph 22 of this Agreement. 41,1 (D) If the association has the right to buy the Property (right of first refusal), and the association exercises that right, Seller will reim- 415 burse Buyer for any costs incurred by Buyer for any inspections or certifications obtained according to the terms of the Agreement, 411, and any costs incurred by Buyer for: (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; 417 (2) Flood insurance, fire insurance, hazard insurance, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees 41 k and charges paid in advance to mortgage lender. 41t, 15. TITLES, SURVEYS AND COSTS (1-10) 420 (A) The Property will be conveyed with good and marketable title that is insurable by a reputable.title insurance company at the reg- 421 ular rates, free and clear of all liens, encumbrances, and easements, excepting however the following.: existing deed restrictions; 422 historic preservation restrictions or ordinances; building restrictions; ordinances; easements of roads; easements visible upon the 423 ground; easements of record; and privileges or rights of public service companies, if any. 424 (B) Buyer will pay for the following: (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; 425 (2) Flood insurance, fare insurance, hazard insurance, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees 426 and charges paid in advance to mortgage lender; (4) Buyer's customary settlement costs and accruals. 427 (C) Any survey or surveys required by the title insurance company or the abstracting company for preparing an adequate legal 428 description of the Property (or the correction thereof) will be obtained and paid for by Seller. Any survey or surveys desired by 429 Buyer or required by the mortgage lender will be obtained and paid for by Buyer. 430 (D) If Seller is unable to give good and marketable title 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 432 Buyer according to the terms of Paragraph 22 of this Agreement. Upon termination, Seller 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 spec 434 ified in Paragraph l5(B) items (1),. (2),-(3) and in Paragraph 15(C). ass (E) Seller is not aware of the status of oil, gas and mineral rights for Property unless otherwise stated below: 436 ? Seller does not own all subsurface. rights to the. property. 437 ? Oil, Gas and Mineral Rights Addendum (PAR Form OGM) is attached. 438 (F) COAL NOTICE (Where Applicable) 439 THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, 1NCLUDI3 OR INSURE TI11-- TITLE TO THE COAL. AND RIGHTS OF SUPPORT UNDERNEATH 440 THE SURFACE- LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL %141 RIGHT TO REMOVE ALL SUCH COAL AND IN THAF CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, 442 BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. (This notice is Set forth in the manner provided in Section I of the Act of 443 July 17, 1957, P.L. 984.) "Buyer acknowledges that lnc.may not be obtaining the right of protection against subsidence resulting 441 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 made for the purpose of com- 446 plying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966." 447 Buyer 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 otherwise stated here (see -4e-____.._._-NoticeRegarding Recreational Cabins):--------_ 450 16. MAINTENANCE AND RISK OF LOSS (1-10) 451 (A.) Seller will maintain the Property,, grounds, fixtures and personal property specifically listed in this Agreement in its present con- 452 dition, normal wear and tear excepted. 4:33 (B) if any system or appliance included in the sale of Property fails before settlement, Seller will: 15,1 1. Repair or replace the failed system or appliance before settlement, OR 455 2. Provide prompt written notice to Buyer of Seller's decision. to: 456 a. Credit Buyer at settlement for the fair market value of the failed system or appliance, as acceptable to the mortgage lender, 457 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 459 failed s ste or a pliance. 4611 Buyer Initials:/ ASR Page 8 of 11 Seller Initials3" . 461 3. If Seller does not repair or.replace the failed system or appliance or agree to credit Buyer for its fair market value, or if Seller 462 fails to notify Buyer of Seller's choice, Buyer will notify Seller in writing within 5 DAYS or before Settlement Date, 46.3 whichever is earlier, that Buyer will: 464 a. Accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement, OR 4e5 b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of 466 Paragraph 22 of this Agreement. 46;' If Buyer fails to respond within the time stated in Paragraph 16(B)(3) or fails to terminate this Agreement by written Oct: notice to Seller ""thin that time, Buyer will accept the Property-and agree to the RELEASE in Paragraph 24 of this 469 Agreement. 470 (C) Seller bears the risk of loss from fire or other casualties until settlement. If any property. included in this sale is destroyed and not 471 replaced prior to settlement, Buyer will: 472 1. Accept the Property in its then current condition together with the proceeds of any insurance recovery obtainable by Seller, OR 473 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of 474 Paragraph 22 of this Agreement. 47 17. HOME WARRANTIES (1-10) 476 At or before settlement, either party may purchase a home warranty for the Property from a third-party vendor. Buyer and Seller under- 477 stand that a home warranty for the Property does not alter any disc] osure,requirements of Seller, will not cover or warrant any pre- 478 existing defects of the Property, and will not alter, waive or extend any provisions of this Agreement regarding inspections or certifi- 479 cations that Buyer has elected or waived as part of this Agreement.. Buyer and Seller understand that a broker who recommends a home 480 warranty may have a business relationship with the home warranty company that provides a financial benefit to the broker. 4si 18. RECORDING (9-05) 482 This Agreement will not be recorded in the Office of th.e.Recorder of Deeds or in any other office or place of public record. If Buyer ass causes or permits this Agreement to be recorded, Seller may elect to treat such act as a default of this Agreement. 484 19. ASSIGNMENT (1-10) 495 This Agreement is binding upon the parties, their heirs, personal representatives, guardians and successors, and to the extent assigna- 496 ble, on the assigns of the parties hereto. Buyer will not transfer or assign this Agreement without the written consent of Seller unless 487, otherwise stated in this Agreement. Assignment of this Agreement may result in additional transfer taxes. 498 20. GOVERNING LAW, VENUE AND PERSONAL JURISDICTION (9-05) 499 (A) The validity and constriction of this Agreement, and the rights and duties of the parties, will be governed in accordance with the 490 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 by 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 Pennsylvania. 494 21. REPRESENTATIONS (1-10) 495 (A) All representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seller, Brokers, their 496 licensees, employees, officers or partners are not a part of this Agreement unless expressly incorporated or stated in this 497 Agreement. This Agreement contains the whole agreement between Seller and Buyer, and there are no other terms, obligations, 498 covenants, representations, statements or conditions, oral or otherwise, of any kind whatsoever concerning this sale. This 499 Agreement will not be altered, amended, changed or modified except in writing executed by the parties. 500 (.B) Unless otherwise stated in this Agreement, Buyer has inspected the Property (including fixtures and any personal prop- 50] erty specifically listed herein) before signing this Agreement or has waived the right to do so, and agrees to purchase the 502 Property IN ITS PRESENT CONDITION, subject to inspection contingencies elected in this Agreement. Buyer acknowi- 503 edges that Brokers, their licensees, employees, officers or partners have not made an independent examination or deter- 504 mination 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 Property is situated;, nor have they made a mechan- 506 ical inspection of any of the systems contained therein. 507 (C) Any repairs. required by this Agreement will be completed in a workmanlike manner. 509 (D) Broker(s) have provided or may,provide services to assist unrepresented parties in complying with this Agreement. 5o9 22. DEFAULT, TERMINATION AND RETURN OF DEPOSITS (1-10) 5)0 (A) Where Buyer tenninates this Agreement pursuant to any right granted by this Agreement, Buyer will be entitled to a return of 5] 1 all deposit monies paid on account of Purchase Price pursuant to the terms of Paragraph 22(B), and this Agreement will be Sit VOID. Termination of this Agreement may occur for other reasons giving rise to claims by Buyer and/or Seller for the deposit 513 monies. 514 (B) Regardless of the apparent entitlement to deposit monies, Pennsylvania law does not allow a Broker holding deposit monies to 5i5 determine who is entitled to the deposit monies when settlement does not occur. Broker can only release the deposit monies: 5u, 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_bQl parties is evidence that there is no dispute regarding deposit monies. 518 2. If, after Broker has received deposit ironies, Broker receives a written agreement that is signedby Buyer and_Sel edi'F6-cf-- 519 ing Broker how to distribute some or all of the deposit monies. 520 3. According to/the terms of a final order of court. 521 4. According to the terms of a prior written agreement between Buyer 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 22(C)) p .5'-'3 Buver Initials: _ _ /? ASR.Page 9 of 11 Seller Initials -( 524 kU) tsUyCr i11.1U 0011C1 ag1CG Wahl! LLICLG m a uiayu- - - .,.. .. ......, ...,1,,,, . . 525 the Settlement Date stated in Paragraph 4(A), or any written extensions thereof, the Broker holding the deposit monies will, with- 526 in 30 days of receipt of Buyer's written request, distribute the deposit monies to Buyer unless the Broker is in receipt of verifi- able written notice that the dispute is the subject of litigation. If Broker has received verifiable written notice of litigation prior 529 to the receipt of Buyer's request for distribution, Broker will continue to hold the deposit monies until receipt of a. written distri- 29 bution agreement between Buyer and Seller or a final court order. Buyer and Seller are advised to initiate litigation for any por- 530 tion of the deposit monies prior to any distribution made by Broker pursuant to this paragraph. Buyer and Seller agree that the ,31 distribution of deposit monies based upon the passage of time does not legally determine entitlement to deposit monies, and that 532 the parties maintain their legal rights to pursue litigation even after a distribution is made. 533 (D) Buyer and Seller agree that Broker who holds or distributes deposit monies pursuant to the tenns of Paragraph 22 or Pennsylvania 534 law 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 licensee(s) will be paid by the party naming them in "litigation. 536 (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 53h 2. Furnish false or incomplete information to Seller, Broker(s), or any other party identified in this Agreement concerning 519 Buyer's legal or financial status, OR 540 3. Violate or fail to fulfill and perform any other terms or conditions of this Agreement. 541 (F) Unless otherwise checked in Paragraph 22(G), Seller may elect to retain those sums paid by Buyer, including deposit monies: 542 1. On account of purchase price, OR 543 2. As monies to be applied to Seller's damages, OR 541E 33.1 As liquidated damages for such default. 545, (G)SELLER IS LIMITED TO RETAINING SUMS PAID BY BUYER, INCLUDING DEPOSIT MONIES, AS LIQUIDATED 546 DAMAGES. 547 (H) 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. 549 (1) Brokers and licensees are not responsible for unpaid deposits. M 23. MEDIATION (1-10) 551 Buyer and Seller will submit all disputes or claims that arise from this Agreement, including disputes and claims over deposit monies, 5 s2 to mediation. Mediation will be conducted in accordance with the Rules and Procedures of the Home Sellers/Home Buyers Dispute .Xi Resolution System, unless it is not available, in which case Buyer and Seller will mediate according to the terms of the mediation sys- 554 tern offered or endorsed by the local Association of REALTORS'. Mediation. fees, contained in the mediator's fee schedule, will 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 if it is necessary to 55; stop any statute of limitations from expiring. Any agreement reached through mediation and signed by the parties will be binding (see 558 Notice Regarding Mediation). Any agreement to mediate disputes or claims arising from this Agreement will survive settlement. 559 24. RELEASE. (9-05) 560 Buyer releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES and any 561 OFFICER or PARTNER of any one, of them and any other PERSON, FIRM or CORPORATION who may be liable by or 552 through them,.from' any and all claims, losses or demands, including, but not limited to, personal injury and property dam- 563 age and all of the consequences thereof, whether known or not, which may arise from the presence of termites or other wood 564 boring insects, radon, lead-based paint hazards, mold, fungi or indoor air quality, environmental hazards, any defects in the 565 individual on-lot sewage disposal system or deficiencies in the on-site water service system, or any defects or conditions on the Sac Property. Should Seller be in default under the terms of this Agreement or in violation of any Seller disclosure law or regula- 567' lion, this release does not deprive Buyer of any right to pursue any remedies that maybe available under law or equity. This 568 release will survive settlement. 569 25. REAL ESTATE RECOVERY FUND (9-05) 570 A Real 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 exhausting all legal and equitable remedies. For complete details about the Fund, call (717) 783- 5T3 3658 or (800) 822-2113 (within Pennsylvania) and (717) 783-4854 (outside Pennsylvania). 574 26. COMMUNICATIONS WITH BUYER AND/OR SELLER (1-10) 575 Wherever this Agreement contains a provision that requires or allows communication/delivery to a Buyer, that provision shall be satis- 576 fled 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 ly 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 shall be satisfied by communication/delivery to the Broker for Seller, if any. If there is 580 no Broker for Seller, those provisions maybe satisfied only by communication/delivery being made directly to the Seller, unless other- 581 wise agreed to by the parties. -----X8,_27: SPECIAL CLAUSES (1-10) ------.....: 59.3 (A) The following are part of this Agreement if checked: 584 ? Sale & Settlement of Other Property Contingency Addendum (PAR Form SSP) s95 ? Sale & Settlement of Other Property Contingency with Right to Continue Marketing Addendum (PAR Form SSP-CM) 58c, ? Settlement of Other Property Contingency Addendum (PAR Form SOP) 597 ? Short Sale Addendum to Agreement of Sale (PAR Form SIIS) 598 ? Appraisal Contingency Addendum (PAR Form ACA) 589 ? 590 ? 591 ? -IV 592 Buyer Initials:-- I? !- ASR Page 10 of 11 Seller Initials:_?`? °' /y? Revised 1/10 =43 (13) Additional Terms: 94 5 595 596 197 598 `t1 ry / ?i J 599 600 601 603/C•'?/ 604 605 C-? 606 h 6V7 608 609 610 611 612 613 614 615 Buyer and Seller aetinowledge receipt of a copy-of this Agreement at the time of signing 616 This Agreement inity be executed in one or more counterparts, each of which .shall be deemed to be an original and whichcoun- 617 terparts together shalt constitute one and the same Agreement or the Parties, 618 NOTICE TO :PARTIES:'9TlIE114 SIGNED, TIRS AGREEIVIENT.18 A BINDING CONTRACT. Parties to this transaction are 619 advised to consult a Pennsylvania real estate. attorney:befnre signing If they. desire legal advice. 62o Return of this Agreement; and,any'addenda and amendments,. including return by. electronic transmission, bearing the signatures 621 of all panties, constitutes acceptance by the parties. 622 / )Buyer has received the Consumer Notice as adopted by the Sate Real Estate Commission at 49 Pa. Code 623 535.336. 624 Buyer has received a statement of Buyer's estimated. closing costs before signing this Agreement. 62, I_W Buyer has read and understands the notices and explanatory information in this Agreement 626 Buyer has received a Seller's Property Disclosure, Statement before signing this Agreement, if required: by law 027 ?- (see Information :Regarding the Real -Estate Seller Diselosure,LavV). - I 62s / Buyer has received the Deposit Money Notice (for cooperative sates when Broker for Seller U holding deposit 629 money) before signing this Agreement, 1130 / Buyer has. reecived the Lead-Based Paint Hazards Disclosure, which is attaehed. to this Agreement of Sale, and 631 the liamphietProtee.t.'our Tamify froin.Le icl in Your Roine (for.propertics butit tarior'to 1971 6.n WITNESS 1,/l 633 WI'LN]G55 -'" BUYER ( t! l DATE (33.1 WITNESS \_) BUIYUl3 ?T VATE ^ T 635 Seller bas received the Cousumer Notice as adoptod by the Stale Real Estate Commission at 49 Pa. Code § 35.336. 636 Seiler fins received a statement of Seller's estimated closing costs before sigathig this Agreement. 637 Seller has react and understands. the notices and explanatory information in Ibis Agreement. 638 WITNESS SELLER- RAJ% 617 wI I NES ' ?? _ s1?z?Lfe?'uV'7??(e? s. ¢? D XTE / U bon WITNESS SELLER ASR Page 11 of 11 Revised 1/10 SEL.L.ER'.S COPY Conventional Buyer's Cost Estimate for The following data is for information purposes only and accuracy of the figures hereinafter set forth is not guaranteed. The actual costs with respect to each transaction will vary depending upon the circumstances. Purchase Price $320,000.00 Loan Amount (Fixed) Inciudes Upfront MIP $90,000.00 Estimated Interest Rate 4.375% Term of Loan 30 years Estimated Closing Costs Broker Fee $295.00 Loan Origination Fee $0.00 Points Paid by Buyer $600.00 Appraisal Fee $400.00 Credit Fee $40.00 Tax Service Fee $95.00 Title Insurance/Endorsements $2,108.75 Document Preparation fee $250.00 Recording Fee $105,00 State Transfer Tax (half share) $3,200.00 Notary Fee $30.00 Property Inspection $325.00 Radon Testing $100.00 Wood Infestation Inspection $50.00 Septic Certification $0.00 Hydraulic Load Test $0.00 Private Water Testing $0.00 Location Survey $0.00 Flood Certification $25.00 Misc. Lender Fees $0.00 Association Initiation Fee $0.00 Total Estimated Closing Costs $7,623.75 Estimated Prepaid Expenses Prepaid Interest (11 days) $118.66 Hazard Insurance Reserves (14 mo.) $816.67 Property Tax Reserves (12 mo.) $3,442.00 Mortgage Insurance Reserves (2 mo,) $0.00 Total Estimated Prepaid Expenses $4,377.33 Estimated Total Costs Total Closing Costs and Prepaid Expenses $12,001.08 Plus Down Payment $230,000.00 Less Closing Costs Paid by Seller $0.00 Less Deposit -- -$5;000:00 -- ----- -? Estimated Cash Required $237,001.08 Estimated Monthly Payment Monthly Principal & Interest $449.36 Monthly Property Taxes $28G.8'3 Monthly Ha zard Insurance $58.33 Monthly Mortgage Insurance $0.00 Other Monthly Payments $0.00 Estimated Total Monthly Payment $794.52 ?x h' 4V r C Fluevog Renovations, LLC Pa. Home Improvement Contractor Registration Nr. - PA005367 Final Bill 14 Sunset Dr Mechanicsburg Pa 17050 Mr. Tom Freysinger 1116 Musket Lane Mechanicsburg Pa 17050 Date Description Job Descriptions: 1. Repair crack in concrete wall exterior only. 2. Install surface drain beside porch. 3. Repair crack in concrete wall interior Total cost Thank you We are looking forward to doing more work for you Phone 717-697-6194 Cell 717-802-0099 Date 3/07/10 Phone- 766-0325 Cell-608-6800 $ 1,450.00 VERIFICATION The undersigned, Thomas S. Lee, Esquire, states that he is an attorney for the Plaintiffs in the within action and that he makes this affidavit as an attorney, because the parties he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief that of the parties for whom he makes this affidavit; and/or because the parties for whom he makes this affidavit is outside the jurisdiction of the court, and verification of none of them can be obtained within the time allowed for the filing of the documents; and that he has sufficient knowledge or information and belief; and that this statement is made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification of authorities. Dated: October 1 , 2011 L4*' mas S. Lee, s ire Attorney for Plain iffs John and Lois Peters 10320-001/182966 CERTIFICATE OF SERVICE AND NOW, this 19th day of October, 2011, I certify that I am serving a copy of the foregoing Complaint upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Thomas Freysinger Tamara Freysinger 1404 Summit Way Mechanicsburg, PA 17050-2924 Defendants CALDWELL & KEARNS, P.C. By: Pa y K. olf 10320001-001/180585 James L. Goldsmith, Esquire Attorney I.D. #27115 Thomas S. Lee, Esquire , { w Attorney I.D. #89440 Caldwell & Kearns } 3631 North Front Street r- 7 0 C) -,- Harrisburg, PA 17110 jgoldsmith@CKLegal.net' a -: tlee@CKLegal.net (717) 232-7661 (717) 232-2766 (fax) Attorneys for Plaintiffs John W. and Lois A. Peters JOHN W. PETERS and, LOIS A. PETERS, Plaintiffs V. THOMAS FREYSINGER and TAMARA FREYSINGER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2011-CV-6607 CIVIL ACTION LAW : JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly affix the Verifications of John W. Peters and Lois A. Peters to the Complaint filed with the Court on October 20, 2011, in the above-captioned. Attached as Exhibit "A", please find an original executed Verification of John W. Peters and Lois A. Peters. Dated: November 4, 2011 Respectfully submitted, CALDWELL & KEARNS rte.. By: ??armnes L. Goldsmith, squire Attorney I.D. #27115 Thomas S. Lee, Esquire Attorney I.D. #89440 Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 jgoldsmith@CKLegal.net tlee@CKLegal.net Attorneys for Plaintiffs John and Lois Peters b . w VERIFICATION I, John W. Peters, verify that the averments in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date' 10 ohn W. Peters VERIFICATION I, Lois A. Peters, verify that the averments in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date Lois A. Peters CERTIFICATE OF SERVICE AND NOW, this 4th day of November, 2011, I certify that I am serving a copy of the foregoing Complaint upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Keith O. Brenneman, Esq. Snelbaker, Brenneman & Spare, P.C. 44 West Main Street Mechanicsburg PA 17055-0318 Counsel for Defendants Thomas & Tamara Freysinger CALDWELL & KEARNS, P.C. By: atty . Wolf 10320-0011183231 ILEO-OFFIC O ARY pROtHON ? tH? 0 James L. Goldsmith, Esquire Attorney I.D. #27115 2011 DtC 29 PM 4. 03 Thomas S. Lee, Esquire #89440 I D Att UMBERLAND COUNTY ' . . orney C PENNSYLVANIA' Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 jgoldsmith@CKLegal.net tlee@CKLegal.net (717) 232-7661 (717) 232-2766 (fax) Attorneys for Plaintiffs John W and Lois A Peters JOHN W. PETERS and, IN THE COURT OF COMMON PLEAS OF LOIS A. PETERS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. THOMAS FREYSINGER and TAMARA FREYSINGER, Defendants No. 2011-CV-6607 CIVIL ACTION LAW : JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly affix the Verifications of John W. and Lois A. Peters to the Reply to New Matter filed with the Court on December 19, 2011, in the above-captioned. Attached as Exhibit "A", please find an original executed Verifications of John W. and Lois A. Peters. Respectfully submitted, CALDWEL.L & KEARNS Dated: December 27, 2011 By: - ' v ames L. Goldsmith, Esqui Attorney I.D. #27115 Thomas S. Lee, Esquire Attorney I.D. #89440 Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 jgoldsmith@CKLegal.net tlee@CKLegal.net Attorneys for Plaintiffs John and Lois Peters ?? r?? ?? VERIFICATION I, John W. Peters, verify that the averments in this Reply to New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. I 4 0 Da ?' John W. Peters VERIFICATION I, Lois A. Peters, verify that the averments in this Reply to New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. J.? AI/ Z-?-n Date Lois A. Peters CERTIFICATE OF SERVICE AND NOW, this 27th day of December, 2011, I certify that I am serving a copy of the foregoing Praecipe to Substitute Verifications upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 Counsel for Defendants CALDWELL & KEARNS, P.C. By: Pa K. olf 10320-001/185425 2 James L. Goldsmith, Esquire Attorney I.D. 427115 Thomas S. Lee, Esquire Attorney I.D. #89440 Caldwell & Kearns i= iLEO-OFF ICF f lE PROTHONOTARY `? i 2 FEB -I PMI 2: 07 CUMBERLAND COUNTY PENNSYLVANIA 3631 North Front Street Harrisburg, PA 17110 jgoldsmith@CKLegal.net tlee@CKLegal.net (717) 232-7661 (717) 232-2766 (fax) Attorneys or Plaintiffs John W. and Lois A. Peters JOHN W. PETERS and, LOIS A. PETERS, Plaintiffs V. THOMAS FREYSINGER and TAMARA FREYSINGER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2011-CV-6607 CIVIL ACTION LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE, SETTLE AND END TO THE PROTHONOTARY: Please mark the above-captioned action dismissed with against Defendants Thomas and Tamara Freysinger. Dated: January 31, 2012 Respectfully submitted, CALDWELL & KEARNS By: es L. Goldsmith, Es e Attorney I.D. #27115 Thomas S. Lee, Esquire Attorney I.D. #89440 Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 jgoldsmith@CKLegal.net tlee@CKLegal.net Attorneys for Plaintiffs John and Lois .Peters CERTIFICATE OF SERVICE AND NOW, this 31 st day of January, 2011, I certify that I am serving a copy of the foregoing Praecipe upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Keith O. Brenneman, Esq. Snelbaker, Brenneman & Spare, P.C. 44 West Main Street Mechanicsburg PA 17055-0318 Counsel for Defendants Thomas & Tamara Freysinger CALDWELL & KEARNS, P.C. By: _ P y K. olf 10320-001/18621