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HomeMy WebLinkAbout02-28-12 (2)JAMES R. CuPPINGER C A L D W E L L & K E A R N S JAMES L GOLDSMITH STANLEYJ.A. LASKOWSKI A PROFESSIONAL CORPORATION DOUGLAS K. MARSICO ATTORNEYS AT LAW OF COUNSEL JAMES D. CAMPBELL JR BRETT M. WOODBURN , . CHARLES J. DEHART III MICHAEL D. REED , MICHAEL A FARRELL THOMAS M. FRATICELLI Iss 3631 NORTH FRONT STREET THOMAS D. CALDWELL, JR. r oMas s. ~E HARRISBURG, PENNSYLVANIA 17110-1533 (is2a2ooi) ELIZABETH H. FEATHER CARL G. WA55 KAREN W, MILLER DOUGLAS M. OBERHOLSER 717-232-7661 (1937-2010) DAVID J. EVENMUIS FAX: 717-232-2766 RICHARD L KEARNS THEFIRMQCKLEGAL.NET RETIRED February 28, 2012 VIA HAND DELIVERY Glenda Farner Strasbaugh , Register of Wills ~ ~ --= Cumberland County Courthouse ~ - ~' One Courthouse Square ?~ ~ r~ ~ ~ ; ; ; 4 ~~ Carlisle, PA 17013-3387 ~c,3~ ~ ~-: r - ; ~ . ~ ~ Re: Estate of Samuel R. Calabretta ~ ~ ~ - ,~ ~' ` No. 2011-01306 ~ ~' r - Dear Ms. Strasbaugh: 0 Enclosed please find the original and two (2) copies of the Pennsylvania Inheritance Tax Return for this insolvent Estate. Please file the same and return to me one (1)time-stamped copy in the enclosed self-addressed, stamped envelope. A check in the amount of $15.00 is enclosed to cover the filing ff;e. Thank you for your assistance with this matter. EHF:nb /Enclosures cc: Sharon Rapak w/enclosure 11361-001 / 187505 Very truly yours, ~ (1 c~ N . ~v~c Elizabeth H. Feather CALDWELL &KEARNS, P.C. efeather@cklegal.net ~h So ~ vel7~' ~S-~-a->~e, J 1505610140 REV-1500 EX (°'-'°) PA Department of Revenue OFFICIAL USE ONLY Bureau of Individual Taxes INHERITANCE TAX RETURN County Code Year File Number PO BOX 280601 Harrisbur PA 17128-0601 RESIDENT DECEDENT 2 1 1 1 1 3 0 6 ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death MMDDYYYY Date of Birth MMDDYYYY 2 0 0 2 4 7 6 2 0 1 0 2 1 2 0 1 1 0 9 0 4 1 9 3 0 Decedent's Last Name Suffix Decedent's First PJame MI C A L A B R E T T A S A M U E L R (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MI N o n e Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW 0 1. Original Return ~ 2. Supplemental Return ~ 3. Remainder Return (date of death 4. Limited Estate ~ 4a. Future Interest Compromise (date of prior to 12-13-82) ~ 5. Federal Estate Tax Return Required OX 6. Decedent Died Testate (Attach Copy of Will) ~ death after 12-12-82) 7. Decedent Maintained a Living Trust ~ 8. Total Number of Safe Deposit Boxes 9. Litigation Proceeds Received ~ (Attach Copy of Trust) 10. Spousal Poverty Credit (date of death ~ 11. Election to tax under Sec. 9113(A) between 12-31-91 and 1-1-95) (Attach Sch. O) CORRESPONDENT -THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO Name : Daytime Telephone Number E L I Z A B E T H H F E A T H E R T 1 7 2r.3 2 7 -~ 6 1 ~«';;7 First line of address C A L D W E L L & Second line of address 3 6 3 1 N O R T H City or Post Office H A R R I S B U R G K E A R N S p C. F R O N T S T R E E T State ZIP Code P A 1 7 1 1 0 .~7 ~ J.,f ~~ ~ 1 ~Tj ~~~ ~ i~-' t..,.- ~ ('~ C~ . ~ . ~ )r ~ ~Q ~ . :,tj '1 ..- ~ c-y " DATE FILED ~ ---. ri Correspondent's a-mail address: efeatherCcD_cklegal.net Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is tn~e, correct and complete. DeGaration of preparer other than the personal representative is based on all information of which preparer has any knowledge SIGr~A~JRE OF PERSON tjE~SP~11d~IBLE FOR SfLING RETURN - -- 611 BEINHOWER ROIYD ETTERS PA 17319 ~R0 ~f R~r~ OTy~R THAN REPRESENTATIVE DATE ; 3631 NORTH FRONT STREET HARRISBURG PA 17110 PLEASE USE ORIGINAL FORM ONLY Side 1 L 1505610140 1505610140 I ~ J 1505610240 REV-1500 EX Decedent's Social Security Number oecedent'sName: SAMUEL R• CALABRETTA 2 0 0 2 4 7 6 2 0 RECAPITULATION 1. Real Estate (Schedule A) ....................................... .... 1. 1 5 2 0 0 0, 0 0 2. Stocks and Bonds (Schedule B) .................................. .... 2. 3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) . .... 3. 4. Mortgages and Notes Receivable (Schedule D) ...................... .... 4. 0 . 0 0 5. Cash, Bank Deposits and Miscellaneous Personal Property (Schedule E).... ... 5. 6. Jointly Owned Property (Schedule F) ~ Separate Billing Requested 7. .... Inter-Vivos Transfers & Miscellaneous N -Probate Property (Schedule G) ~ ... 6. Separate Billing Requested .... ... 7. 8. Total Gross Assets (total Lines 1 through 7) ........................ ... 8. 1 5 2 0 0 0 , 0 0 9. Funeral Expenses and Administrative Costs (Schedule H) ............... ... 9. 2 ~ 7 9 7 . $ ], 10. Debts of Decedent, Mortgage Liabilities, and Liens (Schedule I) .......... ... 10. 1 8 5 0 0 8 . 4 9 11. Total Deductions (total Lines 9 and 10) ............................ ... 11. 2 1 2 8 0 6. 0 0 12. Net Value of Estate (Line 8 minus Line 11) ......................... ... 12. - 6 0 8 0 6 0 0 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which , an election to tax has not been made (Schedule J) .. . .... . . . . . ...... . 13. 14. Net Value Subject to Tax (line 12 minus Line 13) ................... ... 14. - 6 0 8 0 6 . 0 0 TAX CALCULATION -SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 16. (a)(1.2)x.o _ 0. 0 0 Amount of Line 14 taxable 15. 0. 0 0 at lineal rate X .0 0. 0 0 16. 0. 0 0 17. Amount of Line 14 taxable at sibling rate X .12 0 0 0 17. 0 0 0 18. Amount of Line 14 taxable . at collateral rate X .15 0 0 0 ig, 0. 0 0 19. TAX DUE .................................................... ..19. 0 . 0 0 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT Side 2 L 1505610240 1505610240 J REV-1500 EX Page 3 ~ ~ Decedent's Complete Address: DECEDENT'S NAME SAMUEL R. CALABRETTA STREET ADDRESS 1414 WALNUT BOTTOM ROAD clTv CARLISLE Tax Payments and Credits: ~ • Tax Due (Page 2, Line 19) 2. Credits/Payments A. Prior Payments ._, B. Discount 3, Interest 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Fill in oval on Page 2, Line 20 to request a refund. 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. Flle Number 21 11 '1306 STATE Zlp PA 17015 (1) 0.00 Total Credits (A + g) (2) 0.00 (3) (4) 0.00 (5) 0 00 Make check payable to: REGISTER OF WILLS, AGENT PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: a. retain the use or income of the property transferred; • ............................. Yes ^ No ^X ................ b. retain the right to designate who shall use the property transferred or its income; ............................... ^ c. retain a reversionary interest; or d. receive the promise for life of either payments, benefits or care? 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? .. ......................................................... ^ a ............. 3. Did decedent own an "intrust for" orpayable-upon-death bank account or security at his or her death? ......... ^ X ^ 4. Did decedent own an individual retirement account, annuity or other non-probate property, which contains a beneficiary designation? .................................................................................................. ^ IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE R AS PART OF THE RETURN For dates of death on or after July 1, 1994, and before Jan. 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3 percent [72 P.S. §9116 (a) (1.1) (i)J. For dates of death on or after Jan. 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0 percent [72 P.S. §9116 (a) (1.1) (ii)], The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: • The tax rate imposed on the net value of transfers from a deceased child 21 years of age or younger at death to or for the use of a natural parent, an adoptive parent or a stepparent of the child is 0 percent [72 P.S. §9116(a)(1.2)]. • The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.°i percent, except as noted in 72 P.S. §9116(1.2) [72 P.S. §9116(a)(1)]. • The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12 percent [77? P,S. §9116(a)(1.3)]. Asibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. REV-1502 EX ~ (01-10) STATE OF: aMUEL R. CALABRETTA FILE NUMBER: All real property owned solety or as a tenant In common must be reported at fair market value. Fair market value isldefined a0s6he price at which property would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both having reasonable knowledge of the relevant facts. Real property that Is jointly-owned with right of aurvhrorship must be dlscloaed on Schedule F. Attach a copy of the settlement sheet if the property has been sold. ITEM Include a copy of the deed showing decedent's interest if owned as tenant in common. VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1. Real estate owned solely by the Decedent, Samuel R. Calabretta, known a:. 1414 Walnut Bottom Road, Carlisle, South Middleton Township, Cumberland County, PA 152,000.00 Date-of-death value determined from the Agreement of Sale to sell property in the amount of $152,000.00. Settlement of the real estate will occur after the Order to our Petition for the Distribution of Insolvent Estate is granted by the Cumberland County Orphans' Court. A copy of the Deed and Agreement of Sale are attached as Exhibit 1. Pennsylvania SCHEDULE A DEPARTMENT OF REVENUE INHERITANCE TAX RETURN REAL ESTATE RESIDENT DECEDENT TOTAL (Also enter on Line 1, Recapitulation.) I S 152 000 00 If more space is needed, use additional sheets of paper of the same size. REV-1511 EX+ (10-09) Pennsylvania DEPARTMENT OF REVENUE INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES AND ADMINISTRATIVE COSTS tSTATE OF FILE NUMBER SAMUEL R. CALABRETTA 2'1 11 1306 Decadent: debt: mu:t be reported on Schedule I. ITEM NUMBER DESCRIPTION A• FUNERAL EXPENSES: AMOUNT 1. B. ADMINISTRATIVE COSTS: 1 • Personal Representative Commissions: Name(s) of Personal Representative(s) Street Address City State Zip _ Year(s) Commission Paid: 2. Attorney Fees: 3. Family Exemption: (If decedents address is not the same as claimants, attach explanation.) 4,500.00 Claimant Street Address City State Zip _ Relationship of Claimant to Decedent 4• Probate Fees: 400.00 5 Accountant Fees: 6• Tax Return Preparer Fees: 7• Legal advertising 8• Bureau of Vital Statistics -Death Certificate 317.64 9• Settlement costs for sale of real estate 37.00 10. Sharon L. Rapack- advance for cremation expenses 20,542.87 2,000.00 TOTAL (Also enter on Line 9, Recapitulation) I S 27 797 51 If more space is needed, use additional sheets of paper of the same size. RF~V-1512 EX~ (12-OS) Pennsylvania SCHEDULE I DEPARTMENT OF REVENUE DEBTS OF DECEDENT, INHERITANCE TAX RETURN MORTGAGE LIABILITIES ~ LIENS RESIDENT DECEDENT ~ eer~rr wr SAMUEL R. CALABRETTA 21 11 1306 Report debts incurred by the decedent prior to death that remained unpaid at the date of death, Including unrelmbursed medical expenses. ITEM NUMBER DESCRIPTION VALUE AT DATE OF DEATH ~• Bank of America mortgage liability 65,990.84 2. PNC Bank mortgage liability 59,613.31 3. BELCO Community Credit Union judgment lien 6,084.99 4. Citibank(South Dakota), N.A. judgment lien 14,518.15 5. Cumberland Goodwill Fire Rescue EMS- medical debt 192 18 6. Three Springs Family Practice- medical debt 5.55 7. Department of Veterans Affairs- medical debt 137.97 8. Carlisle Regional Medical Center- medical debt 1,860.00 9. Pottsville Schuylkill Haven EMS- medical debt 1,671.73 10. Schuylkill Medical Center 2,875.00 11. PSECU VISA loan 12. PSECU Signature loan 13. PNC Bank credit card debt 14. Orrstown Bank overdrawn account debt 15. West Asset Management- American Express credut card debt TOTAL (Also enter on Line 1 C~, Recapitulation) ~ ; If more space is needed, insert additional sheets of the same size. 185,008.49 Continuation of REV-1500 Inheritance Tax Return Resident Decedent SAMUEL R. CALABRETTA Decedent's Name 21 11 1306 Page 1 File Number Schedule I - Dsbts of Decedent, Mortgage Liabilities, & Liens ITEM NUMBER DESCRIPTION 16. Direct TV- television services bill - AMOUNT 194.25 17. Century Link- Internet service bill 391.67 18. Interstate Waste Services- trash bill 39.87 19. ADT- home security system bill 112.71 20. PSERS- repayment of retirement benefit paid after death 75.47 21. PPL- electric bill 564.52 SUBTOTAL SCHEDULE I 1, 378.49 GRAND TOTAL SCHEDULE I S 185, 008.49 REV-1513 EX+ (Ot-10) i Pennsylvania SCHEDULE J DEPARTMENT OF REVENUE INHERITANCE TAX RETURN BENEFICIARIES RESIDENT DECEDENT ESTATE OF: SAMUEL R. CALABRETTA FILE NUMBER: 21 11 1306 NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY RELATIONSHIP'f0bECEDENT AMOUNT OR SHARE Do Not Llst Trustee(:) OF ESTATE I TAXABLE DISTRIBUTIONS [Include outright spousal distributions and transfers under Sec. 9116 (a) (1.2).] t. Sharon L. Rapak Lineal 0.00 2. Serena Calabretta Lineal 0.00 ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18 OF REV-1500 COVER SHEET, AS APPROPRIATE. II. NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN: 1. B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS: 1. TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET I s If more space Is needed, use addltlonal sheets of paper of the same size. LAST WILL AND TESTAMENT OF SAMUEL R. CALABRETTA I, SAMUEL R. CALABRETTA, a resident of 225 N. Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania being of sound mind, memory and understanding, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils heretofore made by me. ITEM 1: I direct that all my just debts, i~he expenses of my last illness and funeral expenses be paid as soon after my decease as the same can conveniently be done. ITEM 2~ I direct that there shall be paid out of my residuary estate all estate, inheritance and like taxes together with any interest or penalty thereon imposed by the government of the United States, or any state or territory thereof, or by any foreign government or political subdivision thereof, in respect. to all property required to be included in my gross estate for estate, inheritance or like tax purposes by any of such govern- menu , whether the property passes under this Will or otherwise, excluding, however, any property over which I have a taxable power of appointment, provided, however, that no residuary beneficiary shall by reason of this provision be denied the benefit of any deduction, credit, favorable rate of tax or other benefit which by law enures to such beneficiary. ~.. ``~°-~-S~muel R. Calabretta -1- LAST WILL AND TESTAMENT OF SAMUEL R. CALABRETTA ITEM 3: I give, devise and bequeath all of the rest, residue and remainder of my estate, real, personal and mixed, of whatsoever kind and nature, and wheresoever situate at the time of my death, in equal shares, unto my children, SHARON L. RAPAK and SERENA J. CALABRETTA, provided, however, that they survive me and are living sixty (60) days after the date of my death. ITEM 4: If and in the event that either Sharon L. Rapak or Serena J. Calabretta does not survive me and is not living sixty (60) days after the date of my death, then and i:n such event, I give, devise and bequeath the interest in my est+ate, which such deceased child would have received, if living, to the issue of said deceased child, per stirpes. ITEM '5: I hereby nominate, constitute and appoint SHARON L. RAPAK, Executrix of this my Last Will and Testame=nt, with full power to do any and all things necessary for the complete administration of my estate, and direct that no k~ond or other surety is required of her in this or any other jurisdiction for her performance of this office. If and in the event that my daughter, SHAROPI L. RAPAK, does not survive me and is not living sixty (60) days after the date of my death, or does not complete her duties as Executrix, then and in such event, I hereby nominate, consta~tute and appoint my Samuel R.'Cala to -2- LAST WILL AND TESTAMENT OF SAMUEL R. CALABRETTA daughter, SERENA J. CALABRETTA, Executrix of this my Last Will and Testament, with full power to do any and all things necessary for the complete administration of my estate, and direct that no bond or other surety is required of her in this or any other jurisdiction for her performance of this office. ITEM 6: It is my intention that my son, M.?1RK D. CALABRETTA, be excluded from sharing in the distribution of the proceeds of my estate. ITEM,7: If any provision of this Will or of any Codicil hereto is held to be inoperative, invalid or il7legal, it is my intention that all the remaining provisions thex-eof shall continue to be fully operative and effective, so far as is possible and reasonable. IN WITNESS WHEREOF, I, SAMUEL R. CALABRETTP,, the Testator, have to this my Last Will and Testament, typewritten on four (4) consecutively,~tnumbered ages, subscribed my name and affixed my seal this j~71 da of ~~ Y ~~~° 19 9 0 . f,. ,' _ -~. -`~,',~'i1f..~t..~- ~```c!x~~?i~`~x.,•~1~~'C~ ( SEAL ) -3- LAST WILL AND TESTAMENT OF SAMUEL R. CALABRETTA Signed, sealed, published and declared by the above named SAUUEL R. CALABRETTA, as and for his Last Will and Testament, in the presence of us, who have hereunto subscribed our names at his request, as witnesses hereto, in the presence of the said Testator, and of each other. j t 1 _V~ U ~..~` _ ~ f residing a t ~~~~~ F ..,. ~~ , °~ r .c' ~ /_ ~_. ~'~..~.~ ,R-?,c-~e~~r1e s i d i n g a t / .~ r'' ~ ~J r/ // -4- 1~77~~ ~~ Tax I.D. 40-24-0746-002 FIDUCIARY WARRANTYDEED ~ 3~ M made this day of ~ 1999; ,~ ~J --C BETWEEN, CLARENCE K. KNISELY, individually and as Executor of the Estate of ~ DENNIS J. KIVISELY, deceased, late of South Middleton Township, Cumberland County, ~ Pennsylvania, herein designated as the Grantor; ~ .,., J AND ~~~ [.'J .53 ~ ~,,.~ ;yY ~:~,~ . 4:a " , .~~ - ~._ r~ s•v~ ~~ -- ; ~ ~ r- i ~~ ~~ SAl!'IUEL R CALA BRETTA, of Mt. Holly Springs, ~;umberiand County, rerunyiva~iix, i~cre:::, designated as the Grantee; WHEREAS, Dennis J. Knisely died August 14, 1996; and WHEREAS, Dennis J. Knisely died testate, seized of the hereinafter described tract of land; and WHEREAS, Letters Testamentary were granted to Clarence K. Knisely and indexed in the Cumberland County Register of Wills Office to NO. 21-96-714; and WHEREAS, under the Last Will and Testament of Dennis J. Knisely dated September 1, 1984 the real estate was not specifically devised; and WHEREAS, Grace P. Knisely, one of the heirs named in the Last Will and Testament of Dennis 1. Knisely, died November 4, 1998, leaving-to survive her as her sole heir her husband, Clarence K. Knisely: NOW THEREFORE, the Executor conveys the herein described tracts of land pursuant to the powers vested in him, respectively, as personal representative for the Estate, as follows: WITNESS, that the Grantor for and in consideration of ONE HUNDRED TWENTY-FIVE THOUSAND and No Cents ($125,000.00) Dollars lawful money of the United States of America, to the Grantor in hand well and truly paid by the Grantee, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantor being therewith fully satisfied, does by these presents grant, bargain, sell and convey unto the Grantee his heirs and assignes forever. ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly described as follows; BOOK ~.~~ P~;%t BEGINNING at a point in the centerline of Walnut Bottom Road where the same intersects the northern line of a 40 feet wide street known as Greenview Drive, which point of beginning is 740.75 feet measured along said centerline of Walnut Bottom Road, South of a point in the center of the Walnut Bottom Road at corner common to lands now or formerly of Roy H. Wenger and lands now or formerly of Lynn R Bitner; thence from said point of beginning along the northern line of said street known as Greenview Drive, South 42 degrees 39 minutes East, a distance of 205.45 feet to a point in the line of land now or formerly of Glenn E. Kauffman and wife, recorded in the hereinafter mentioned Recorder's Office in Deed Book '''IJ", Volume 20, Page 260; thence along said land now or formerly of Kauffman, North 48 degrees 30 minutes East, a distance of 135.39 feet to a point; thence by land now or formerly of Sylvester R. Snyder and wife, North 41 degrees 30 minutes West, a distance of 217.83 feet to a point in the center of the Walnut Bottom Road; thence along the centerline of said Walnut Bottom Road, South 43 degrees 25 minutes West, a distance of 140.07 feet to a point, the place of BEGINNIlVG. BEING, improved with a brick ranch type dwelling house with attached. two car garage, and being known and numbered as 1414 Walnut Bottom Road, Cazlisle, PA . BEING the same premises which Ronald L. Weagley, II and Kim G. W~eagley, husband and wife, granted and conveyed unto Dennis J. Knisely by deed dated August 11, 1995, and recorded August 11, 1995, in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 126 Page 681. AND the said Grantor, in his capacities as aforesaid, covenants that he has not heretofore done or committed any act, manner, or thing whatsoever, whereby the Premises hereby granted and conveyed, or any part thereof, is, aze, or shall be impeached, charged, or encumbered in title, charge, estate, or otherwise, howsoever. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. SIGNED SEALED AND DELIVERED in the presence of ~' ' ESTATE OF DENIMS J. KNISELY CLARENCE . KN~ISEL , Execut r r f,~ ARENC ~ SEL , In i wally eoox x.59 ~ac~ 49~ COMMONWEALTH OF PENNSYLVANIA , :ss. COUNTY OF CUMBERLAND ON this the 13~. day of ~ , 1999 before me, the undersigned officer, personally appeared C~-n.~.k. )C,,. ,individually and as Executor of the Estate of Dennis J. Knisely, known by me (or satisfacton y proven) to be the person whose name is subscribed to the within instrument and that he executed the foregoing instrument for the purposes therein cont.~~,n,~t . ~ ~ ~~~~Rfa `~Kx~ WITNESS my hand and seal the day and year aforesaid. a m ,~ ,~,~ ~ °. ~~^~~~ ~ ~ ~ A ~rt'ti"~~~lfi M ~rS i'itl • ~ Notarial Seaf ~ Marjorie A. DeLuca, Notary Public • ~~ , ~°p~ a~,~ ~~Q. ; „Q ~ K,~ South Middleton Twp. Cumberland County of Public My Commission Expires Nov 1 1999 ~ ~~ ,~ _ / a.. ~ ~ y w' •" ' ' ~ '~= . , Member, Pennsylvania Association of Notaries s _~ ~ op ~* a~~O. ss R m ~~ , - _ I hereby certify that the precise mailing address of the Grantees is as follows: ~y/f r fc~ ~/,v~~ ~~y~~ ~v /(~0.~1 f Car/r,S`(p1 ~ ~ /" 7cr/~ ~t~ta of i'~nnsylvania 1 „~ r , v f r' F°~t a Cumt;erland 86 1~~ -,,:;~rc~r; in the r~ffice for the recording of Deads ~,~, in °r;d for " mt;erland County, P . i~Book~~ 1/0l:'~ Pa~e.~ . vv,tr,~ ss my hand and ! of office of Cur~lisle, P~ ihis .day of ~ 13~,. ,~ :;e~ ~ ~; A~F Vurr.~.` ~ t as - 7 Att ey for Grantees ,~ ~ ~ ~?i~~~lr, , . r`..l'~:- `vr d ~" `' 1::1~ T ~:.~? I:+ i r "? I ~ ~ ; ~ } •._., ~:..J C", ' ' a YJ ~ .r ~e ; : r^i- tl} i7} r,"'} ;,7 .. 1 T7 t"i'7 1"1 1 F ~'~ f a„ 1; 5 ~ b i'41 t... ~~. •^r,7 ,_.,, :]'.I. :.1 Y' 7 :::r} ..v. z ~' ~~~ ~,~.. 1"r•I >nk`t ~" ~ .. .. Nc~ %~`` ~ ~- GL ~~ . BOnj( ~9~ PAGi: 4~~ •w~. .t,.l. Wes. 1.~ 4=...., ..J •l;Y+ ter; +_• . e' . ° ' .. ` ~~ .. ... . ~~ t .. . J I ._.. ti ..r~ I~YY 177 , P.+ i,jY i~l ,.' '~~° c1T' :~~~ 1~~ '.. t'1"1 1 I-`. 1...... ; _T.o-. C.C , ~ _,n r_r,} ~' ~~t. :1-~:: r;_rl ...... i~-..7 .~~. ~;. ~::.,:f r, 1:':{ T ~_ N 1.~ i.3_ 111 f,"7 r,""1-. frl -7 ~r M ra ~;~ -~: rp r1'1 "rf -",; .:._; ~; ~,, iiA r::r _y., t::4~ rcl I li :;n' STANDARD AGREEMENT FOR THE SALE Or REAL ESTATE ASR This form recommended :nut approved rnr, but nut restriclcd to use by, Ihe,»en,1>crs orlhe Pcrosylvmiia Association nrRl:Al;l'ORSC~ (PAR). I>ARTI Es BUYER(S): James M. Griffie SELLER(S): Estate Samuel R. Calabretta (Sharon Rapak, POA) BUYER'S MAILING ADDRESS: SELLER'S MAILING.ADDRESS: I>ROPERTY PROPERTY ADDRESS 1414 Walnut Bottom Rd Carlisle PA 17015 _ ZIP 17015 in the municipality of South Middleton ,County of_ Cumberland , in the School District of South Middleton School District in the Commonwealth of Pennsylvania. Identification (e.g., Tax ID #; Parcel #; Lot, [clock; Deed Book, Page, Recording Date): Parcel#40240746002 Deed Bk 0199 Pg 00493 __ BUYER'S RELATIONSHIP WITH PA LICENSED BROKER _._ No Business Relationship (Buyer is not represented by a broker) Broker (Company) Hooke, Hooke 8 Eckman Realtors LLC Company Address 977 Walnut Bottom Rd Carlisle. PA 17015 Company Phone 717-249-1844 Company Fax 717-249-1$22 Broker is: X Buyer Agent (Broker represents Buyer only) . _ `Dual Agent (See Dual and/or Designated Agent box below) Licensee(s) (Name) _ Dennis Eckman Direct Phones} 717=249-1844 ext 33 Ce[I Phone(s) 717-385-7924 Fax 717-249-1822 Email dennvCo~thinkhhe.com Licensee(s)is: X Buyer Agent with Designated Agency Buyer Agent without Designated Agency '• Dual Agent (See Dua4. and/or Designated Agent box below Transaction Licensee (Broker and Licensee(s) provide real estate services but do not represent Buyer) SELLER'S RELATIONSHIP WITH PA LICENSED BRC-KER No Business Relationship (Seller is not represented by a broker) Broker (Company) RE/MAX 1S7 ADVANTAGE Licensee(s) (Name) _ PAULA HERSHEY Company Address 6375 MERCURY DR MECHANICSBURG, PA 17050 Company Phone 717-591-5555 Company Fax __ Broker is: _ Seller Agent (Broker represents Seller only) :Dual Agent (See Dual and/or Designated Agent box below Direct Phone(s) 717-591-5555 Cell Phone(s) 717-576-4002 Fax Email paula.hershevCa~remax.net Licensee(s)is: _ Seller Agent with Designated Agency '_ Se1lerAgent without 'Designated Agency Dual Agent (See Dual andlor Designated Agent box below) __ 'Transaction Licensee (Broker and Licensee(s) provide real estate services bua do not represent Seller) DUAL AND/OR DESIGNATED AGENCY A Brokel- is a Dual Agent when aBrokel- 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 sepal•ate 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: ASR Page 1 of 11 Revised 1110 ~/ I Pennsylvania Association of REALToRS~' Form generated by: True Forms'" www.TrueForms,com 800-499-9612 Seller Initials/"" COPYRIGHT PENnISYL~'ANIAASSOCIATION OF REALTORS ©2070 1/10 1 1. ~p t~jf~ ~~ree~Ettt, dated December 6 2011 2 Seller hereby agrees to sell and convey to Buyer, who agrees to pw•chasc, the identified Property. 3 2. PURCHASE PRICE AN~~ POSITS (1-10) a (A) Purchase Price $ 5 '~/E'• / dj> 6 U.S. Dollars}, to a pflid by Buyer as follows: ~ 1. Deposit at signing of this Agreenlenl•: ~ s 2. Depasit within 3 days of the Execution Date of this Agreement: $ 1.500.00 9 g. 10 4. Remaining balance will be paid at settlement. - 11 (g) Ail funds pall by Buyer, including deposits, will be paid by check, cashier's check or wired funds. All funds paid by Buyer 12 within 30 DAYS of settlement, Including funds paid at settlement, will be by cashier's check or wired funds, but not by per•- 13 sonal check. 1a (C) Deposits, regardless of the forth of payment and the person designated as payee, will be paid in U.S. Dollars to Broker for Seller 15 (unless otherwise stated here: ) 16 who will retain deposits in an escrow account in conformity with alt applicable laws and regulations until consunvnation or ter- 17 urination of this Agreement. Only real estate brokers are required to hold deposits in accordance with the rules and regulations of 18 the State Real Estate Commission. Checks tendered as deposit monies may be held uncashed pending the execution of this 1 s Agreement. SELLER ASSIST (If P licablc) (1-10) Iler will pay $ p or % of Purchase Price (0 if not specified) toward Buyer's costs, as permitted by the mortgage lender, if any. Seller is only obligated to pay up to the amount or percentage which is approved by mortgage lender. 24 4, SETTLEMENT AND POSSESS'lON (1-10) 2s (A) Settlement Date is FEBRUARY 15 2012 or before if Buyer and Seller agree. 2s (B) Settlement .will occur in the county where the Property is located or in an adjacent county, during normal business hours, unless 2z Buyer and Seller agree otherwise. 2a (C) At time of settlement, the following will be pro-rated on a daily basis between Buyer and Sel[er, reimbursing where applicable: 2s current taxes (see Notice Regarding Real Estate Taxes); rents; interest on mortgage assumptions; condominium fees and home- 30 owner association. fees,; water and/or sewer fees, together with any other lienable municipal service fees. All charges will be pro- 31 rated for the period(s.) covered. Seller will pay up to and including the date of settlement and Buyer will pay for all days follow- 32 ing settlement, unless otherwise stated here: 33 34 (D) Conveyance from Seller will be by fee simple deed of special warranty unless otherwise stated here: 35 36 (E) 37 raymeni or rransrer razes wui be divided equally between Buyer and Seller unless otherwise stated here: 36 (F) Possession is to be delivered by deed, existing keys and physical possession to a vacant Property free of debris, with all structures 3s broom-clean, at day and time of settlement, unless Seller, before signing this Agreement, has identified in writing that the Property is ao subject to a lease. a1 (G) If Seller has identified in writing that the Property is subject to a lease, possession is to he delivered by deed, existing keys and a2 assignment of existing leases for the Property, together with security deposits and interest, if any, at day and time of settlement. Seller a3 will not enter into any new leases, nor extend existing leases, for the Property without the written consent of Buyer. Buyer wilt as acknowledge. existing lease(s) by initialing the lease(s) at the execution of this Agreement, unless otherwise stated in this Agreement. as Tenant-Occupied Property Addendum (PAR Form TOP) Is attached. 46 5. DATES/TIME IS OFTHE ESSENCE (1-10) a~ (A) Written acceptance of all parties will be on or before: DECEMBER 7 2011 as (B) The Settlement Date and all other dates and times identrfied for the performance of any obligations of this Agreement are of the a9 essence and are binding. 50 (C) The Execution Date of this Agreement is the date when Buyer and Seller have indicated full acceptance of this Agreement by sign- 51 ing and/or initialing it. For purposes of this Agreement, the number of days will be counted from the Execution Date, excluding 52 the day this Agreement was executed and including the last day of the time period. AlI changes to this Agreement should be ini- 53 tialed and dated. 55 (D) The Settlement Date is not extended by any other provision of this Agreement and may only be extended by mutual written agree- ment of the parties. 5s (E) Certain terms and. time periods are, preprinted in this Agreement as a convenience to the Buyer and Seller. Al] pre-printed terms 57 and time periods are negotiable and may be changed by striking out the pre-printed text and inserting different terms acceptable 5a to all parties. 5s 6. ZONING (1-10) so Failure of this Agreement to contain the zoning classification (except in cases where the property {and each parcel thereof, if sub- s1 dividable} is zoned solely or primarily to permit single-family dwellings) will render this Agreement voidable at Buyer's option, and, if s2 voided, any deposits tendered by the Buyer will be returned to the Buyer without any requirement for court action. 63 Zoning Clas ification: 64 Buyer Initials: ASR Page 2 of Il Seller Initials: Revised 1/10 Form generated ty~ Tr•ue Forms'" www.TrueForms.com 800-499-9612 ss 7. FIXTURES AND PERSONAL PROPERTY (1-] 0) ss (A) INCLUDED in this sale are-all existing items permanently installed in the 1'ropcrty, free oi' liens, and other items including s~ plumbing; heating; radiator covers; Iighting fixtures (including chandeliers and ceiling fans); pool and spa equipment (including 68 covers and cleaning equipment); electric animal fencing systems (excluding collars); garage door openers and transmitters; iclc- 69 vision antennas; unpotted shrubbery, plantings and trees; any remaining heating and cooking fuels stored on the Property at the ~o time of settlement; smoke detectors and carbon monoxide detectors; sump pumps; storage sheds; fences; mailboxes; wall to wall ~1 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 otherwise stated; and, if owned, water treatment sys- 73 terns, propane tanks, satelli a dishes and security systems. Also included: All items on MLS listing sheet attached plus ~$ (B) The following items are LEASED (not owned by Seller). Contact the provider/vendor for more information (e.g., water U•eatment ~s systems, propane tanks, satellite dishes and security systems): ~~ (C) EXCLUDED fixtures and items: ~a ~s 8. MORTGAGE CONTINGENCY (1-10) so WAIVED. This sale is NOT contingent on mortgage financing, although Buyer may obtain mortgage financing and/or the parties 81 may include an appraisal contingency. a2 X ELECTED. s3 (A) This sale is contingent upon Buyer obtaining mortgage financing according to the following terms: ~ First Mortgage on the Properly as Loan Amount $ as Minimum Term 30 years s~ Type of mortgage FHA 203K 88 Loan-To-Value (LTV) ratio: as For non-FHANA loans LTV ratio not to exceed 96.5 so Mortgage lender FOOTE CAPITAL 91 Second Mortgage on the Property Loan Amount $ Minimum Term years Type of mortgage Loan-To-Value (LTV) ratio: For non-FHA/VA loans L'TV ratio not to exceed Mortgage lender 92 Interest rate 4.25 %; however, Buyer agrees to accept the Interest rate %; However, Buyer agrees to accept the s3 interest rate as may be committed by the mortgage lender, not Interest rate as may be committed by the mortgage lender, not 9a to exceed a maximum interest rate of 4.625 %. to exceed a maximum interest rate of %. 9s Discount points, loan origination, loan placement and other fees Discount points, loan origination, loan placement and other fees ss charged by the lender as a percentage of the mortgage loan (exclud- cha~•ged by the lender as a percentage of the mortgage loan (exclud- s~ 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 % (0% if not specified) of the mortgage loan. exceed % (0~% if not specified) of the mortgage loan. 99 (B) The interest rate(s) and fee(s) provisions in Paragraph 8(A) are satisfied if the mortgage tender(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 riglrt to lock. in the inter- ior est rate(s), Buyer will do so at least 15 days before Settlement Date. Buyer gives Seller the right, at Seller's sole option and io2 as permitted by law and the mortgage lender(s), to contribute financially, without promise of reimbursement, to the Buyer and/or io3 the mortgage fender(s) to make the above mortgage term(s) available to Buyer. ioa (C) Within 10 days (7 if not specified) from the Execution Date of this Agreement, Buyer will make a completed, written mort- ios gage application (including payment for and ordering of appraisal and credit report> without delay, at the time required by ios lender(s)) for the mortgage terms and to the mortgage lender(s) identified in Paragraph 8(A}, if any, otherwise to a responsible roe mortgage ]ender{s} of Buyer's choice. Broker for Buyer, if any, otherwise Broker for ;feller, is authorized to communicate with ios the mortgage lender(s) to assist in the mortgage loan process. ios (D) Buyer will be in default of this Agreement if Buyer furnishes false information Ito anyone concerning Buyer's financial iio and/or employment status, fails to cooperate in good faith with processing the mortgage loan application (including delay iii of the appraisal), 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 commitment. iii (E) 1. Mortgage Commitment Date:_ _ JANUARY 6, 2012 .Upon receiving a mortgage commitment, Buyer will iia promptly deliver a copy of the commitment to Seller. irs 2. If Seller does not receive a copy of the mortgage commitment(s) by the Mortgage Commitment Date, Seller may terminate its 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 agood-faith effort to obtain mortgage financing. 1 i a 3. Seller may terminate this Agreement by written notice to Buyer after the Mortgage Commitment Date if the mortgage commitment: 11 s a. Does not satisfy the terms of Paragraph $(A), OR r2o b. Contains any condition not specified in this Agreement (e.g., the Buyer must seti:le on another property, an appraisal must r21 be received by the lender, or the mortgage commitment is not valid through the Settlement Date) that is not satisfied and/or 122 removed in writing by the mortgage lender(s) within 7 DAYS after the Drlortgage Commitment Date in Paragraph 123 8(E)(1), or any extension thereof, other than those conditions that are customarily satisfied at or near settlement (e.g„ i2a obtaining insurance, confirming employment). r2s 4. If this Agreement is terminated pursuant to Paraa•aphs 8(E)(2) or (3), or the mortgage Ioan(s) is not obtained for settlement, izs all deposit monies will be returned to Buyer according to the terms of Paragraph 22 and this Agreement will be VOID. Buyer 1z7 will be responsible for any costs incurred by Buyer for any inspections or certifications obtained according to the terms of 12a this Agreement, and any costs incurred by Buyer for: (1) Title search, title insurance andlor mechanics' lien insurance, or any izs fee for cancellation; (2) FIood insurance, fire insurance, hazard insurance, mine subsidence insurance, or any fee for cancel- 13o tat' ; {3) A/~praisai fees and charges paid in advance to mortgage lender(s). 131 Buyer Initials: ~ / ASR Page 3 of 11 Seller Initials: Form generated by: TB• Forms'" www.7rueForms.com 800-499-9612 Revised 1/10 132 133 134 135 136 137 138 139 140 141 142 143 1aa 145 146 147 148 149 150 151 152 153 1sa 155 156 157 156 159 160 181 162 163 . 164 165 166 1s7 g• 168 169 170 171 172 173 174 175 17s 177 na 179 1so 181 16z (F) If the mortgage lender(s), or a propet~:y and casualty insurer providing insurance required by the mortgage lender(s), requires repairs to the Property, Buyer will, upon receiving the requirements, dcliver• a copy of the requirements to Seller. Within 5 DAYS of receiving the copy of the requirements, Seller will notify Buyer whether Seller will make the required repairs at Seller's expense. 1. If Seller makes the required repairs to the satislnction of the mortgage lender and/or insurer, Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 of this Agreement. 2. If Seller will not make the required repairs, or if Seller fails to respond within the stated time, Buyer will, within 5 DAYS, notify Seller of Buyer's choice to: a. Make the repairs/improvements at Buyer's expense, with permission and access to the Property given by Seller, which will not be unreasonably withheld, OR b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the teens of Paragraph 22 of this Agreement. if Buyer falls to respond within the time stated in Paragraph 8(F)(2) or fails to terminate this Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the I2ELIrASG in Paragraph 24 of this Agreement. hI•IA/VA, [FAPPLICABLL -- (G) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless Buyer has been given, in accordance with HUD/Fl-iA or VA requirements, a written statement by the Federal Housing Commissioner, Veterans Administration, or a Direct Endorsement Lender setting forth the appraised value of the Property of not less than $ 152 000 00 (the Purchase Price as stated in this Agreement). Buyer will have the privilege and option of proceeding with consummation of the contract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the Property. Buyer should satisfy himself/herself that the price and condition of the Property are acceptable. Warning: Section 1010 of Title 18, U.S.C., Department of 1-lousing and Urban Development and Federal Housing Administration Transactions, provides, "Whoever for the purpose of .. , infiluencing in any way the action of such Department, makes, passes, utters or publishes any statement, knowing the same to be false shall be tined under this title or imprisoned not ' more than two years, or both." (H) U.S. Department of Housing and Urban Development (HUD) NOTICh TO PURCHASERS: Buyer's Acknowledgement Buyer has received the HUD Notice "For Your Protection: Get a Home Inspection." Buyer understands the importance of getting an independent home inspection and has thought about this before signing this Agreement. Buyer. understands that FHA will not perform a home inspection nor guarantee the price or condition of the Property. (I) Certification We-the undersigned, Seller(s) and Buyer(s) party to this transaction each certify that the terms of this contract for purchase are true to the best of our knowledge and belief, and that any other agreement entered into by any of these parties in connection with this transaction is attached to this Agreement. SELLER REk'iR:ESENTATIOI~IS {I-IO) (A) Radon 'Testing and Remediation (See Notice Regarding Radon) Seller has no knowledge about the presence or absence of radon unless checked below: __ I. Seller has knowledge that the Property was tested on the dates and by the methods (e.g, charcoal canister, alpha track, etc.), which produced the results indicated below: Date Type ofTest Results (picoCuries/liter or working Levels) Natne of Testing Service .._ 2. Seller has knowledge that the Property had radon removal system(s) installed as indicated below: Date Installed Type of System Provider (B) 183 16a (C) 185 186 187 188 189 190 191 (D) 1sz 193 Copies of all available test reports will be delivered to Buyer with this Agreement. Seller does not warrant the methods or the results of radon tests. Status of Water Seller represents that the Property is served by: Public Water _' Community Water On-site Water ~._ None Status of Sewer Seller represents that the Property is served by: Public Sewer ~ Community Sewage Disposal System ~' Ten-Acre Permit Exemption (see Sewage Notice 2) .Individual On-lot Sewage Disposal System (see Sewage Notice 1) -Holding Tank (see .Sewage Notice 3) Individual On-lot Sewage Disposal System in Proximity to Well (see Sewage Notice 1; see Sewage Notice 4, if applicable) •- ~ None (see Sewage Notice 1) _~ None Available/Permit Limitations in Effect (see Sewage Notice 5) Historic Preservation Seller is not aware of historic preservation restrictions regarding the Property unless otherwise stated here: n 194 Buyer Initials: ASR Page 4 of 11 Revised 1/10 Seller Initials: Form generated by: True Forms'" www.TrueForms.com 800-499-9612 195 196 197 198 1ss zoo 201 202 203 2oa 205 2os 207 2oa (E)-- (F) Property, or a portion of it, is prefercniially assessed for tax purposes under the.1'ollovving Act(s) (see Notices Regarding 1.,and Use Restrictions): _~ Farmland and Forest Land Assessment Act (Clean and Green Program; Act 319 of 1914; 72 P.S. § 5490.1 et seq.) _ i Open Space Act (Act 442 of 1967; 32 P.S. ~ 5001 et seq.) _;Agricultural Area Security Law (Act 43 of 19$1; 3 P.S. §901 et seq.) !Other Seller represents that, as of the date Seller signed ibis Agreement, no public improvement, COIldOlttllllllltl OC hot1lCOWlte1' aSS0c1atl0lr assessments have been made against the Property which reltlain unpaid, and that no notice by any government or public authority has been served upon Seller or anyone on Seller's behalf, including notices relating to violations of zoning, housing, building, safety or fire ordinances that remain uncorrected, and that Seller knows of no condition that would constitute a violation of arty such ordinances that remain uncorrected, unless otherwise specified here: (G) Seller knows of no other potential notices (including violations) and/or assessments except as follows: 2os (H) Access to a public road may require issuance of a highway occupancy permit from the Depat•Yment of Transportation. 210 10. WAIVER OF CONTINGENCIES (9-OS) 211 If this Agreement is contingent on Buyer's right to inspect and/or repait• the Property, ar to verify insurability, environmental 212 conditions, boundaries, certifications, zoning classification or 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 21a 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 218 sut•veyors, municipal officials, appraisers and inspectors. All parties and their real estate licensee(s) Wray attend any inspections. 21s 2. Buyer may make apre-settlenteltt walk-tltrouglt inspection of the Property. Buyer's right to this inspection is trot waived by zzo any other provision of this Agreement. 221 3. Seller will have heating and all utilities (including fuel(s)) on for all inspections/appraisals. 222 4. Al] inspectors, including home inspectors, are authorized by Buyer to provide a copy of any inspection Report to Broker forBuyer. 223 5. Seller has the tight, upon request, to receive a free copy of any inspection Report from the party foI• whom it was prepared. 22a (B) Buyer waives or elects at Buyer's expense to !rave the following inspections, certifications, and investigations (refereed to as 225 "Inspection" or "Inspections") performed by professional contractors, hottte inspectors, ertgitteers, architects and other properly 226 licensed or otherwise qualified professionals. If the same inspector is inspecting more thztn one system, the inspector must comply 227 with the Home Inspection Law. (See Notice Regarding the Honte Inspection Law) 22a (C) For elected Inspection(s), Buyer will, within the Contingency Period(s) stated in Paragraph 1 Z(A), complete Inspections, obtain any 22s Inspection Reports or results (referred to as "Report" or "Reports"), artd accept the Property, terminate this Agreement, or submit a 23o Written Corrective Proposal(s) to Seller, according to the terms of Paragl•aph i2(B). 231 Home/Property Inspections and Environmental Hazards (mold, etc.) 232 e~kd Buyer may conduct an inspection of the Property's structural components; roof; extet•iot• windows and exterior Waived 233 ` doors; exterior siding, Exterior ]nsulation and Finish Systems, fascia, gutters and downspouts; swimming pools, hot / 23a hubs and spas; appliances; electrical systems; interior and exteriot• plumbing; public sewer systems; heating and cool- 23s ing systems; water penetration; electromagnetic fields; wetlands and flood plain de:litteation; structure square 23s footage; mold and other environmental hazards (e.g., fungi, utdoor 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 23a the Home Inspection Law, the home inspection must be perfottned by a full merttber in good standing of a national 23s home inspection association, or a person supervised by a full member of a national home inspection association, in 2ao accordance with the ethical standards and code of conduct or practice of that association, or by a properly licensed za1 or registered engineer or architect. (See Notice Regarding the Home Inspection Law) 2a2 Wood Infestation gas ~`~~ Buyer may obtain a written "Wood-Destroying Insect Infestation Inspection Report" from an inspector certified as Waived 2`+a awood-destroying pests pesticide applicator and will delivet• it and all supporting documents and drawings provid- gas ed by the inspector to Seller. The Report is to be made satisfactory to and in compliance with applicable laws, mort- 2a6 gage lender requirements, and/or Federal Insuring and Guaranteeing Agency requirements. The Inspection is to be 2a7 limited to all readily-visible and accessible areas of all structures on the Property, excerpt fences. If the Inspection gas reveals active infestation(s), Buyer, at Buyer's Expense, may obtain a Proposal from awood-destroying pests pes- 2as ticide applicator to treat the Property. If the Inspection reveals damage from active or previous infestation(s), .Buyer zso may obtain a written Report from 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 Properly. zsz Radon 253 e~ ~ Buyer may obtain a radon test of the Property from a certified inspector. The U.S. Environmental Protection Waived 2sa 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 picoCuries/titer (4pCi/L). 256 Water Service 257 Elected Buyer may obtain an Inspection ofthe quality and quantity of the water system from a properly licensed or otherwise " 11"~y 25a ~ qualified water/well testing company. If and as required by the inspection company, Seller, at Seller's expense, will 25s locate and provide access tothe on-site (or individual) water system. SeIlerwill restorethe Property to its previous con- 2so dition, t Seller's expense, prior to settlement. 261 Buyer 1 nitials: ~~ ASR Page 5 of 11 Seller Initials: Revised 1/10 ;~ Forrn generated by: T71teForms'° www.TrueForms.com 800-499-9612 2s2 On-lot Sewage (If Applicable) 2s3 Elected Buyer may obtain an Inspection of the individual on-lot sewage disposal system from a qualified, professional W~ ~, 2s4 / inspector. Ifand as required by the inspection company, Seller, at Seller's expense, will locate, provide access to, 2s5 and empty the individual on-lot sewa a dis osal 2ss g p system. Seller will trstore the Property to its previous condition, at Seller's expense, prior to settlement. See paragraph 12(C) for more information regarding the Individual On-lot 2s7 Sewage Inspection Contingency. 2ss Propertylnsurancc 2ss Eteeted Buyer may determine the insur•atiilit ofthe Aro err b makin a fication for ro Berl and casuals insurance for ~ i / c~) 270 / Y p y Y g pp P I Y y' the Property to a responsible insurer. Broker fat• Buyer, if any, otherwise Broker for Sellet; may communicate with ` % .~ 271 the insurer to assist in the insurance process. If the Properly is located in a flood plain, Buyer may be required to 272 carry flood insurance at Buyer's expense, which may need to be ordered 14 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 275 / description, certainty and localiotn of boundaries and/or quantum of land. Most Sellers have not had the Property ~, 27s 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 trite boundary lines of the Property. Any numerical represen- 27a tations of size of property are approximations only and may be inaccurate. 27s Deeds, Restrictions and Zoning 2so Elected Buyer may investigate easements, deed and use restrictions (including anyhistoric preservation restrictions or ordi- e , 2a1 / nances) that apply to the Propenty and review local zoning ordinances. Buyer may verify that the present use ofthe / / 283 Property (such as in-law quarters, apartments, home office, day care) is permitted and may elect to make the Agreement contingent upon an anticipated use. Present use: 2s4 Lead-Based Paint Hazards (I<or Properties prior to 1978 only) 285 Elected Before Buyer is obligated to purchase a residential dwelling built prior to 1978, Buyer has the option to conduct a t gas / risk assessment and/or inspection ofthe Property for the presence oflead-based paint and/or lead-based paint haz- / 2s7 ards unless Buyer waives that right.Regardless of whether this inspection is elected or waved, the Residential gas Lead-Based Paint Hazard Reduction Act requL•es a Seller of property built prior to 1978 to provide the gas Buyer with an EPA-approved lead hazards information pamphleftitled Protect Your Fanniiy from Lead in 2so Your Home, along with a separate form, attached to this Agrcennent, disclosing SeIler's knowledge of lead- 291 based paint hazards and any Lead-based paint records regarding the Proporty. (Sec Notices Regarding 2s2 Residential Lead-Based Paint hazard Reduction Act) 2s3 Other 2s4 Elected 2s5 / Waived 2ss _I 2s7 The Inspections elected above do not apply to the following existing conditions and/or itetns: 298 299 30o X2. INSPECTION CONTINGENCY (1-10) 301 (A) The Contingency Period is 15 days (10 if not specified) from the Execution Date of this Agreement for each Inspection elected 302 in Paragraph 11(C), except the following: 3oa Inspection(s) Contingency Period 305 days 3os days 307 days days 3os (g) Except as stated in Paragraph 12(C), if the result of any Inspection elected in Paragraph 1 l (C) is unsatisfactory to Buyer, Buyer 3os 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 ofthis 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 ofthis Agreement, pR 313 3. Present the Report(s) to Seller with a VVrltten Corrective Proposal ("Proposal's 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 dualifled professional(s) to perform the cor- 315 Reetions requested. in the Proposal, prov~s%ons for payment, including retests, and a projected date for completion of the correc- 316 tions. Buyer. agrees that Seller Wi11 not be held liable for corrections that do not comply with mortgage lender or governmental 317 requirements if performed in a workmanlike manner according to the terms of Buyer's Proposal. 31a a. No later than days (5 if not specified) from the end of the Contingency Period(s), Seller will inform Buyer in writ- 31s ing that Seller will: 320 (1) Satisfy all the terms of Buyer's Proposal(s), OR 321 (2) Not satisfy al] the terms of Buyer's Proposal(s), OR 322 b . If Seller agrees to satisfy the terms of Buyer's Proposal or Buyer and Seller enter into a mutually acceptable written agree- 323 ment, Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 ofthis Agreement. 3za c. Within 5 days (2 if not specified) of the receipt of written notification that Seller will not satisfy alt terms of Buyer's 325 Proposal, or the time stated in paragraph 12(B)(3)(a) if Seller fails to choose either option in writing, whichever occurs 32s rst yyer will: 3z7 Suyer Initials: ~.. ASR Page 6 of II Sellet• Initials:.~~~~ Revised 1/10 form generated by: Tt'tt orms'" www.TrueForms.com 800-499-9612 3zs (1)Accept the Property with the information stated in the Report(s) and agree to the RELEASE in Paragraph 24 of this 32s Agreement, OR 330 (2)Terminate this Agreement by written notice to Seller, wish all deposit monies returned to Buyer according to the terms of 331 Paragraph 22 ofthis Agreement, OR 332 (3)Enter into a mutually acceptable written agreement wish Seller, providing for any repairs or improvements to the 333 Property and/or any credit to Buyer at settlement, as acceptable to the mortgage lender, if any. 33a If Buyer fails to respond within the time stated in Paragraph ]2(B)(3)(c) or tails to terminate this Agreement by 33s written notice to Seller within that time, Buyer will accept the Property and a~rec to the RCLl3ASE in Paragraph 336 24 of this Agreement. 337 (C) If a Report reveals the need to expand or replace the existing individual on-lot sewage disposal system, Seller may, within 33s days (25 if not specified) of receiving the Report, submit a Proposal to Buyer. The Proposal will include, but not be limited to, the 339 name of the company to perform the expansion or replacement; provisions for payment., including retests; and a projected com- 3ao pletion date for corrective measures. Within 5 DAYS of receiving Sellers Proposal, qr if no Proposal is provided within the 341 stated time, Buyer will notify Seller in writing of Buyer's choice to: 3a2 1. Agree to the terms of file Proposal, accept the Property and agree to the RELEASE in Paragraph 24 ofthis Agreement, OR 343 2. Terminate this Agreement vy written notice to Seller, with all deposit monies returned to Buyer according to the terms of 3aa Paragraph 22 ofthis Agreement, OR 3as 3. Accept the Property and the existing system and agree to the RELEASE in Paragraph 24 of this Agreement. If required by any 3as mortgage lender and/or any governmental authority, Buyer will correct the defects before settlement or within the time required 3a7 by the mortgage lender and/or governmental authority, at Buyer's sole expense, with permission and access to the Property given 3as by Seller, which may not be unreasonably withheld. l f Seller denies Buyer permission and/or access to correct the defects, Buyer 3as rnay, within 5 DAYS of Seller's denial, terminate this Agreement by written notice to Seller, with alt deposit monies returned 3so to Buyer according to the teens of Paragraph 22 ofthis Agreement. 351 If Buyer fails to respond within the time stated in Paragraph 12(C) or fails to term:inatc this Agreement by written notice 3s2 to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement. 353 13. NOTICES, ASSESSMENTS AND MUNICIPAL REQUIREMENTS (1-f0) 3sa (A) In the event any notices, including violations, and/or assessments are received after Seller ]tas signed this Agreement and before 355 settlement, Seller will within 5 DAYS of receiving the notices and/or assessments provide a copy of the notices and/or assess- 3ss meets to Buyer and will notify Buyer in writing that Seller will: 357 1 . Fully comply with the notices and/or assessments, at Seller's expense, before settlement. ]f Seller fully complies with the ass notices and/or assessments, Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 ofthis Agreement, OR ass 2 . Not comply with the notices and/or assessments. If Seller chooses not to comply with the notices and/or assessments, o rfails 3so within the stated time to notify Buyer whether Seller will comply, Buyer will notify Seller in writing within 5 DAYS 3s1 that Buyer will: 3s2 a. Comply with the notices and/or assessments at Buyer's expense, accept the Property, and agree to the RELEASE in ass Paragraph 24 ofthis Agreement, OR 3sa b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of ass paragraph 22 ofthis Agreement. ass IfBuyer• fails to respond within the time stated in Paragraph 13(A)(2) or fails to terminate this Agreement by written notice 3sa to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement. ass (B) If required by law, within 30 DAYS from the Execution Date ofthis Agreement, but in no case later than 15 DAYS prior ass to Settlement Date, Seller will order at Seller's expense a certification from the appropriate municipal department(s) disclosing 3~o notice of any uncorrected violations of zoning, housing, building, safety or fire ordinances and/or a certificate permitting occu- 371 panty of the Property. If Buyer receives a notice of any required repairs/improvements., Buyer will promptly deliver a copy of 372 the notice to Seller. 373 ] . Within 5 DAYS of receiving notice from the municipality that repairs/improvements are required, Seller will deliver a 374 copy of the notice to Buyer and notify Buyer in writing that Seller will: 375 a. Make the required repairs/improvements to the satisfaction of the municipality. If Seller makes the required 3~s repairs/improvements, Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 ofthis Agreement, OR 377 b. Not make the required repairs/improvements. If Seller chooses not to make the required repairs/improvements, Buyer will 3~s notify Seller in writing within 5 DAYS that Buyer will: 3~s (l) Make the repairs/improvements at Buyer's expense, with permission and access to the Property given by Seller, which 3so will not be unreasonably withheld, OR 3s1 (2) Terminate this Agreement by written notice to Seller, with all deposit monies retumed to Buyer according to the terms 3s2 of Pu•agraph 22 of this Agreement. 383 If Suyer fails to respond within the time stated in Paragraph 13(B)(1)(b) or fails to terminate this Agreement by 3sa written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 3es 24 of this Agreement, and Buyer accepts the responsibility to perform the repairs/improvements according to the ass terms of the notice provided by the municipality. 3sa 2, If Seller denies Buyer permission to make the required repairs/improvements, or does not provide Buyer access before 3$$ Settlement Date to make the required repairs/improvements, Buyer may, within- 5 DAYS, terminate this Agreement by 389 written notice to Seller, with all deposit monies retured to Buyer according to the ters of Paragraph 22 ofthis Agreement. 3so 3 . if repairs/improvements are required and Seller fails to provide a copy of the notice to E3uyer as required in this Paragraph, Seller 391 w' erfo(rm,~all repairs/improvements as required by the notice at Seller's expense. Paragraph 13(B)(3) Zvi 1 survive settlement. 392 Buyer Initials: I V ASR Pagc 7 of it Seller Initials: , Revised 1/30 Form generated by: True Forms" www.TrueForms.com $00-499-9612 393 14. CONDOMINIUNUPLANNED CUMMUNITY (HOMCUWNEI2ASSOCIATIONS) RESALE NOTICE (I-IU) . 3sa Property is NOT a Condominium or part of a Planned Community unless checked below. 395 CONDOMINIUM. The Property is a unit of a condaninium that is primarily run by a unit owners' association. Section 3407 ol'the ass Uniform Condominium Act of Pennsylvania (see Notice Regarding Condominiums and Planned Communities) requires Seller to 397 furnish Buyer with a Certificate of Resale and copies oi'the condominium declaration (other than plats and plans), the bylaws and ass the rules and regulations of the association. ass PLANNED COMMUNITY (1-IUMEOWNLR ASSOCIATION). The Properly is part of a planned community as defined by the aoo Uniform Planned Community Act (see Notice Regarding Cattdominiums and Planned Communities). Section 5407(a) of the Act ao1 requires Seller to furnish Buyer with a copy of the Declaration (other than plats and plans), the bylaws, the rules and regulations ao2 of the association, and a Certificate containing the provisions set forth in section 5407(a} of the Act. ao3 THE FOLLOWING APPL[CS'I'O PROPERTIES THAT ARE PART OF A CONDOMINIUM OR A PLANNEll COMMUNITY. aaa (A) Within` 15 DAYS from the Execution Date of this Agreement; Seller, at Seller's exponse, will request from the association a aos Certificate of Resale and tiny other documents necessary to enable Seller to comply with the relevant Act. The Act provides that aos the association is required to provide these documents within 10 days of Seller's request. aoz (B) Seller will promptly deliver to Buyer all documents received from the association. Under the Act, Seller is not liable to Buyer for aos the failure of the association to provide the Certificate in a timely manner or for any incorrect information provided by the association aos in the Certificate. a1~ (C) The Act provides that Buyer tray declare this Agreement VO1D at any time before Buyer receives the association documents and for 5 days after receipt, OR until settlemenf, whichever occurs first. Buyer's notice to Seller must be in writing; upon Buyer a12 declaring this Agreement void, all deposit monies will be returned to Buyer according to the terms of Paragraph 22 of this 413 Agreement. a14 (p) Ifthe association has the right to buy the Property (right of first refusal), and the association exercises that right, Seller will reimburse 415 Buyer for any costs incurred b Bu er for an a1s Y Y y inspections or certifications obtained according to the terms of the Agreement, and any costs incurred by Buyer for: (l) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; a17 (2) Flood insurance, fire insurance, hazard insurance, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees a1s and charges paid in advance to mortgage lender. a1s 15. TITLES, SURVEYS AND COSTS (I-10) 420 (A) The Property will be conveyed with good and marketable title that is insurable by a reputable title insurance company at the regular rates, free and clear of all liens, encumbrances, and easements, excepting howeverthe following; existing deed restrictions; a2z historic preservation restrictions or ordinances; building. restrictions; ordinances; easements of roads; easements visible upon the aza Found; easements of record; and privileges or rights of public service companies, if any. (B) Buyer will pay for the i'ogowing: (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; a2s (2) Flood insurance, fire insurance, hazazd insurance, mine subsidence insurance, or any fee for cancellation; (3} Appraisal fees and chazges paid in advance to mortgage lender; (4) Buyer's customary seftletnent costs and accruals. 29 (C) Any survey or surveys required by the title insurance company or the abstracting company, for preparing an adequate legal description of the Property (or-the correction thereof) will be obtained and paid for by Seller. Any survey or surveys desired by a29 Buyer or required by the mortgage lender will be obtained and paid for by Buyer. a3o (p) 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 a32 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 ofthis Agreement, and for those items specified 434 in Paragraph 15(B) items (1), (2), (3) and in Paragraph 15(C). 435 (E) Seller is not awaze of the status of oil, gas and mineral rights for Ptroperty unless otherwise stated below: 43s _; Seller does not own all subsurface rights to the property. a37 '. Of1,,Gas and Mineral Rights Addendum (PAR Form OEM) is attached. aaa (F) COAL NOTICE (Where Applicable} 439 THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR ]NSURETHE TITLE TO THE COAL AND RIG!-1TS 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 441 RIGHT TO REMOVE ALL SUCH COAL AND IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, aa2 BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. (This notice is set forth in the manner provided in Section 1 of the Act of 4a3 July 17, 1957, P.L. 984.) "Buyer acknowledges that he may not be obtaining the right of protection against subsidence resulting aaa from coal mining operations, and that the property described herein may be protected from damage due to mine subsidence by a aas private contract with the owners of the economic interests in the coal. This acknowledgement is made for the purpose of complying aas 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 wilt contain the aforesaid provision. aaa (G) The Property is not a "recreational cabin" as defined in the Pennsylvania Construction Code Act unless otherwise stated here (see aas Notice Regarding Recreational Cabins): a5o 16. MAINTENANCE AND RISK OF LOSS {1-10) 452 (A) Se1Ier will maintainthe Property, grounds, fixtures and personal property specifically listed in this Agreement in its present condition, normal weaz.and tear excepted. 453 (B) If any system or appliance included in the sale of Property fails before settlement, Sellet• will: 454 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: 45s 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 ass b. Not repair or replace. the failed system or appliance, and not credit Buyer at settlement for the fair market value of the 459 i ed system or appliance. aso Buyer Initials: ASR Page 8 of II Seller Initials: s~~~s~~~ Revised 1/10 Form generated by: ueForms" www.TrueForms.com 800.499-9612 461 1 ' 3. If Seller does not repair or replace the failed system or appliance or agree to credit Buyer for its fair market value, ar it Seller as2 fails to notify Buyer of Scllee•'s choice, Buyer will notify Seller in writing within 5_ DAYS or before Settlement Date, ass whichever is earlier, that Buyer will: asa a. Accept the Properly and agree to the RGLCASE in Paragraph 24 of ibis Agreement, Oft ass b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to I3uyer according to the terms of ass Paragraph 22 of this Agreement. as7 If Buyer fails to respond within the time stated in Paragraph 16(13)(3} or fails to terminate this Agreement by written asa notice to Seller within that time, Buyer will accept the Property and agree to the RL'LEASE in Paragraph 24 of this ass Agreement. a7o (C) Seller bears the risk of loss from fire or other casualties until settlement. If any property included in this sale is destroyed arld not a71 replaced prior to settlement, Buyer will: a72 1. Accept the Property in its then current condition together with the proceeds of any insurance recovery obtainable by Seller, OR a73 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of a7a Paragraph 22 of this Agreement. a7s 17. HOME WARRANTIES (1-10) 476 At or before settlement, either party may purchase ahome warranty for the Property from athird-party vendor. Buyer and Seller understand 477 that a home warranty for the Property does not aher any disclosure requirements of Seller, will not cover or warrant any preexisting a7a defects of the Property, and will not alter, waive or extend any provisions of this Agreement regarding inspections or certifications a7s that Buyer has elected or waived as part of this Agreement. Buyer and Seller understand that a broker who recommends a home aso warranty may have a business relationship with the home warranty company that provides a financial benefit to the broker. as1 18. RECORDING (9-OS) as2 This Agreement will not be recorded in the Office of the Recorder of Deeds or in any other office or place of public record. If Buyer ass causes or permits this Agreement to be recorded, Seller may elect to treat such act as a default o:Fthis Agreement. asa 19. ASSIGNMENT (1-10) ass This Agreement is binding upon the parties, their heirs, personal representatives, guardians artcl successors, and to the extent assignable, ass on the assigns of the parties hereto. Buyer will not transfer or assign this Agreement without the written consent of Seller unless as7 otherwise stated in this Agreement. Assignment of this Agreement may result in additional transfer taxes. asa 20. GOVERNING LAW, VENUE AND PERSONAL JURISDICTION (9-OS) aas (A) The validity and construction of this Agreement, and the rights and duties of the parties, will be governed in accordance with the aso laws of the Commonwealth of Pennsylvania. as1 (B) The parties agree that any dispute, controversy or claim arising under or in connection with this Agreement or its perforniance by as2 either party submitted to a court shall be filed exclusively by and in the state or federal courts sitting in the CommortweaIth of ass Pennsylvania asa 21. REPRESENTATIONS (1-10) ass (A) All representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seller, Brokers, their ass licensees, employees, officers or partners are not a part of this Agreement unless c;xpressly incorporated' or stated in this as7 Agreement. This Agreement contains the whole agreement between Seller and Buyer, a.nd there are no other terms, obligations, ass covenants, representations, statements or conditions, oral or otherwise, of any kind whatsoever concerning this sale. This ass Agreement will not be altered, amended, changed or modified except in writing executed by the parties. soo (B) Unless otherwise stated in this Agreement, Buyer has inspected the Property (including fixtures and any personal property 501 specifically listed herein) before signing this Agreement or has waived the right to do so, and agrees to purchase the sot Property IN ITS PRESENT CONDITION, subject to inspection contingencies elected in this Agreement. Buyer acknowledges sos that B-•okers, their licensees, employees, officers or partners have not made an independent examination or determination soa of the structural soundness of the Property, the age or condition of the components, environmental conditions, sos the permitted uses, nor of conditions existing in the locale where the Property is situated; nor have they made a mechanical sos inspection of any of the systems contained therein. 507 (C) Any repairs required by this Agreement will be completed in a workmanlike manner. sos (D) Broker(s) have provided or may provide services to assist unrepresented parties in complying with this Agreement. sos 22. DEFAULT, TERMINATION AND RETURN OF DEPOSITS (1-10) s1o (A) Where Buyer terminates this Agreement pursuant to any right granted by this Agreernc;nt, Buyer will be entitled to a return of 511 all deposit monies paid on account of Purchase Price pursuant to the terms of Paragt°aph 22(B}, and this Agreement will be 512 VOID. Termination of this Agreement may occur for other reasons giving rise to chin-~s by Buyer and/or Seller for the deposit s1s monies. s1a (B) Regardless of the apparent entitlement to deposit monies, Pennsylvania taw does not alllow a Broker holding deposit monies to s15 determine who is entitled to the deposit monies when settlement does not occur. Broker can only release the deposit monies: s1s 1. If this Agreement is terminated prior to settlement and there is no dispute over entitlement to the deposit monies. A written s17 agreement signed by both parties is evidence that there is no dispute regarding deposit monies. 519 2. If, after Broker has received deposit monies, Broker receives a written agreement that is signed by Buyer and Seller, directing s1 s Broker how to distribute some or al] of the deposit monies. szo 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 cl@ osi m nies if there is a dispute between the parties that is not resolved. (See Paragraph 22(C)) `( ~ 52s gayer Initials: ~ ASR Page 9 of I1 ;teller Initials: Revised 1/10 Form generated by'~i r'lleForms'" vnvw.TrueForms.com 800-499-9612 524 (C) Buyer and Seiler agree that if there is a dispute over the entitlement to deposit monies that is unresolved 365 days after 525 the Settlement Date stated in Paragraph 4(A), or any written extensions thereof; the Broker holding the deposit monies will, wilh- 52s in 30 days of receipt of Buyer's written request, distribute the deposit monies to Buyer unless the Broker is in receipt of verifi- 527 able written notice that the dispute is the subject of litigation. )f Broker has received verifiable written notice of litigation prior to 52e the receipt of Buyer's request for disU•ibution, Broker will continue to hold the deposit monies until receipt of a written distri- 529 button agreement between Buyer and Seiler or a final court order. Buyer and Seller are advised to initiate litigation for any por- s3o tion of the deposit monies prior to any distribution made by Broker pursuant to this paragraph. Buyer and Seller agree U~at the 531 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 terms of Paragraph 22 or Pennsylvania 534 law will not be Liable. Buyer and Seller agree that if any Broker or atT'iliated 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. 53s (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 538 2. Furnish false or incomplete information to Seller, Broker(s), or any other party identified in this Agreement concerning 539 Buyer`s legal or financial status, UR 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(C), Seller may elect to retain those sums paid by Buyer, including deposit monies: 542 1. On account of purchase price, OR sa3 2. As monies to be applied to Seller's damages, OR 544 3. As liquidated damages for such default. 5as (G) XSELL.ER IS LIMITCD TO I2CTAININC SUMS PAID BY BUYER, INCLUllINC llGPOSI'1' MONIES, AS LIQUIDATED DAMAGES. 5as (H) If Seller retains all sums paid by Buyer, including deposit monies, as Liquidated da-nages pursuant to Paragraph 22(F) or (G), 5as Buyer and Seller are released from further liability or obligation and this Agreement is VOID. sag (I) Brokers and Iicensees are not responsible for unpaid deposits. 5so 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, 552 to mediation. Mediation will be conducted in accordance with the Rules and Procedures of the ]-lone SellerslHome Buyers Dispute 553 Resolution System, unless it is not available, in which case Buyer and Seller will mediate according to the terms of the mediation sys- s5a tem offered or endorsed by the loco[ Association of REALTORSm. Mediation fees, contained in the mediator's fee schedule, will be 55s divided equally among the patties 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 557 stop any statute of limitations from expiring. Any agreement reached through mediation and signed by the parties will be binding (sec 55a Notice Regarding Mediation). Any agreement to mediate disputes or claims arising from this Agreement will survive settlement. 55s 24. RELEASE (9-OS) 5so Buyer releases, quit claims and forever dischat•ges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES and any ss1 OFFICER or PARTNER of any one of them and any other PERSON, FIRM or COItI'ORATION who may be liable by or 5s2 through them, from .any and. a!I claims, losses or demands, including, but not limited to, Iiersonal injury and property dam- 563 xge and ail of the consequences thereof, whether known or not, which Wray arise from the presence of termites or other wood- ssa boring insects; radon, lead-based paint hazards, mold, fungi or indoor air quality, environmental hazards, any defects in the 565 individual on-lot sewage disposal system or deficiencies in the on-site water service system, or any defects or conditions on the 5ss Property. Should Seller be in default under the terms of this Agreement or in violation of any Seller disclosure law or regula- 5s7 tion,this release .does not deprive Buyer of any right to pursue any remedies that may be available under law or equity. This 5as reIease'will suxwive settlement. 5s9 25. REAL ESTATE RECOVERY FUND (9-OS) 5~o 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 al~iliates) 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- 573 3658 or (800) 822-2113 (within Pennsylvania) and (717) 783-4854 (outside Pennsylvania). 574 26. COMMUNICATIONS WITH BUYER AND/OR 5ELLER (1-10) 575 Wherever this Agreement contains a provision that requires or allows communicatfon/delfvery to a Buyer, that provision shalt be satis- 57s Pied by communication/de]ivery to the Broker for Buyer, if any, except for documents requfred to be delivered pursuant to 5n Paragraph 14. Tf there is no Broker for Buyer, those provisions may be satisfied only by communication/delivery being made direct- 578 ]y 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 5so no Broker for Seller, those provisions may be satisfied only by communication delivery being made directly to the Seller, unless other- 5s1 wise agreed to by the parties. 5s2 27. SPECIAL CLAUSES (1-10) ss3 (A) The following are part of this Agreement if checked: 5so ._.: Sate & Settlement of Other Property Contingency Addendum (PAR Form SSP) 5s5 ;Sale & Settlement of Other Property Contingency with -Right to Continue Marketing Addendum (PAR Form SSP-CM) 586 ~ Settlement of Other Property Contingency Addendum (PAR Form SOP) 5a7 'Short Sale Addendum to Agreement of Sale (PAR Form SHS) 5ss XAppraisal Contingency Addendum (PAR Form ACA} 589 590 591 592 Buyer initials: ~ ASR Page 10 of 11 Seller initials: I Revised 1/10 Form generated by: T •ue Forms'" www.TrueForms.com 800-499-9612 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 sn s1a 619 s2o s21 s22 Buyer and Seller acknowledge receipt of a copy of this Agreement at the time of signing. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and which counterparts together shall constitute one and the same Agreement of the Parties. NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Parties to this transaction are advised to consult a Pennsylvania real estate attorney before signing if they desire legal advice. Return of this Agreement, and any addenda and amendments, including return by electronic transmission, bearing the signatures ~al~~arties, constitutes acceptance by the parties. s23 / Buyer has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code sea / , §35.336. s25 ~ / Buyer has received a statement of Buyer's estimated closing costs before signing this Agreement. s26 ~/ Buyer has i•cad and understands the notices and explanatory information in this Agreement. s27 ` / Buyer leas received a Seller's Property Disclosure Statement before signing this Agreement, if required by law s2s / (see Information Regarding the Real Estate Seller Disclosure Law). s29 ~ _ b°/ Buyer has received the Deposit Money Notice (for cooperative sales when Broker for Seller is holding deposit 630 /~ money) before signing his Agreement. 631 U/ $ received the Lead-Based Paint Hazards Disclosure, which is attached to this Agreement of Sale, and s32 the pam et Protect Your Family from Lead in Your Home (for properties built prior to 1978) s33 ~ ~ ` `~'__., /~~ ' ~~~G ~ ~ WITN ~''--' ' ~. BUYER ~ DATE ` (/'~ James M. Gri~ s3a WITNESS BUYER DATE s3s WITNESS BUYER DATE r' 63s Seller has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code § 35.336. s37 Seller has received a statement of Seller's estimated closing costs before signing this Agreement. 638 Sellet• ha rea d understands the otices a d explanatory information in this Agre nt. ~" 7 s3s ~ iSELLER DATE ~'~ ~` Shar apa , POA s4o WITNESS SELLER DATE 641 WITNESS SELLER DATE ASR Pagc 11 of 11 Revised 1l10 Form generated by: True Forms'" www.TrueForms.com 800-499-9612 (B) Additional Terms: 1.) BUYER IS APPLYING FOR FHA 203K REHAB MORTGAGE. BUYER RESERVES THE RIGHT TO CHANGE THE MORTGAGE TO A STRAIGHT FHA MORTGAGE, or FHA MORTGAGE W1TH A RENOVATION AND REPAIR LOAN/MORTGAGE OFFERED BY PHFA IN PLACE OF THE FHA 203K REHAB MORTGAGE AND MOVE SETTLEMENT EARLIER. NOTICE REGARDING CONVICTED SEX OhhENDERS (MEGAN'S LAW) The Pennsylvania C3eneral Assembly ]tas passed legislation (often referred to as "Megan's Law," 42 Pa.C.S. 5 9791 et seq.) p,•ovid- ing for community notification of the presence of certain convicted sex offenders. Buyers are encouraged to contact the tnuttici- pal police department. or the Pennsylvania State PoIicc for information re[Htfng to the presence of.sez :offenders near a par_ tIculat• property, or to check the information on tl-e Pennsylvania State Police Web site at wrvw.pamegansla~v.state.pa.us. I'OREIGN INVESTMENT IN REAL PROI'ERTY'I'AX ACT Oh 1980 (F,IRPTA) ~-.. The dispositian of a U.S. real property interest by a foreign person (the transferor) is subject to the Foreign, Investment in Real Property Tax Act of 1980 (FIRPTA) income tax withholding. F[RPTA authorized the United States •to tax foreign persons on dispo- sitions of U.S. real property interests. This includes but is not limited to a sale or exetiange, liquidation, redemption, gift, transfers, etc. Persons purchasing U.S. real property interests (transferee) from foreign. persons, certain purchasers' :agents, and settlement offi- cers are required to withhold 10 percent of the a,nount realized (special rules for foreign corporation's). Withholding is intended to ensure U.S. taxation of gains realized on disposition of such interests. The transferee/Buyer is the withholding agent. If you are the transferee/Buyer you must find out if the transferor is a foreign person.. if the transferor is a foreign person and you fail to withhold, you may be held liable for the tax. NOTICE REGARDING REAL ESTATE'1'AXES (Paragraph 2: Purchase Price and Deposits) Real Estate Tax Proration: For purposes of prorating real estate taxes, the "pet•iods covered" by the tax bills are as follows: Municipal Taxes: For• a[I counties and municipalities in Pennsylvania, tax bills are for the period January 1 to December 31. School Taxes: For all school districts, other than the Philadelphia, Pittsburgh and Scranton school districts, the period covered by the tax bill is July 1 to June 30. For• the Philadelphia, Pittsburgh and Scranton school districts, tax bills are for the period January 1 to December 3 ] . Real Estate Assessment: in Pemnsylvania, taxing authorities (school districts and municipalities) and properly owners may appeal the assessed value of a property at the time of sale, or at any time thereafter. A successful appeal by a taxing authority tnay result i,r a higher assessed value for the property and an increase in property taxes. Also, periodic county-wide property reassessments may change the assessed value of the property and result in a change in property tax. NOTICE TO BUYERS SEEKING MORTGAGE TINANCING (Paragraph 8: Mortgage Contingency) The appraised value of the Property is used by lenders to determine the maximum amount of a mortgage loan. The appraised value is determined by an independent appraiser, subject to the mortgage lender's undetwvriter review, and may be higher or lower than the Purchase Price and/or market price of the property. The Loan-To-Value Ratio (LTV) is used by lenders as one tool to help assess the potential risk of a mortgage loan. LTV is deter- mined by dividing the requested loan amount by either the Purchase Price or the appraised value of the property, whichever is lower. A particular LTV may be necessary to qualify for cer•tairi loans, or Buyers might be required to pay additional fees if the LTV exceeds a specific level. NOTICE REGARDING TRUTH IN LENDING (Paragraph 8: Mortgage Contingency) The Mortgage Disclosure Improvement Act requires mortgage fenders to provide Buyer with a Truth in Lending (T1L) statement at the time of mortgage application (early disclosure) and anytime thereafter (re-disclosure) if the annual percentage rate (APR) changes by more than .125 percent. Settlement cannot occur within 7 days of the early disclosure or within 3 days of re-disclosure. If a re-disclosure of a TIL state- ment is made within 3 days of the Settlement Date in the Agreement, settlement for the Property would have to occur after the Settlement Date stated. Buyer and Seller are advised that the APR may change by mote than .125 percent based on factors including, but not limited to, Seller credits, changes in loan amount or duration, and Settlement Date change. If the Buyer and Seller agree to modify the Settlement Date in response to the TIL statement waiting period, or for any other reason, it should be done by mutual written agreement of the parties. Buyer Initials: Back of Paac I Seller Initials: Form generated by: t'tteForms" www.TrueForms.com 600.499-9612 SEWAGE NOTICES (Paragraph 9: Seller Representations) NOTICES PURSUANT TO T1IE PENNSYLVANIA SEWAGE FACILI'I'fl'sS AC'i' NOTICE 1: THERE IS NO CURRENTLY EXIS'1'1NG COMMUNITY SEWACI: SYSTEM AVAILABLE FOR 'TIIG SUBJECT PROPERTY. Section 7 of the Pennsylvania Sewage l~acilities Act provides that no_ person shall install, construct, request bid pro- posals for construction, alter, repair or occupy any building or .structure for which an individual sewage system is to be installed, without first obtaining a permit. Buyer is advised by this notice that, before signing :this Agreement, Buyer should contact the local agency charged with administering the Act to determine the procedure and require- ments for obtaining a permit for an individual sewage system. The local agency charged with administering the Act will be the municipality where the Property is located or that municipality working cooperatively with others. NOTICE 2: THIS PROPERTY IS SERVICED BY AN IND[VID.UAL SEWAGE SYSTEM INSTALLED UNDER THE TEN-ACRE PERMIT EXEMPTION PROVISIONS OF SECTION 7 O'F Ti~E PENNSYLVANIA SEWAGI~, FACILITIES ACT. (Section 7 provides that a permit may not be required before installing, constructing, awarding a contract for con- sUvetion, altering, repairing or connecting to an individual sewage system where aten-acre parcel or lot is subdivid- ed from a parent tract after January ] 0, 1987). Buyer :is advised that soils and site testing were not. conducted and that, should the system malfunction, the owner of the Property or properties serviced by the system at the time of a malfunction may be held liable for any contamination, pollution, public health Hazard or nuisance which occurs as a result. NOTICE 3: THIS PROPERTY IS SERVICED BY A HOLDING TANK (PERMANENT OR TEMPORARY)- TO WHICH SEWAGE IS CONVEYED BY A WATER CARRYING SYSTEM AND WHICH IS DESIGNED AND CON- STRUCTED TO FACILITATE UI,TiMATE DISPOSAL OF THE SEWAGE A"f ANOTH ER SITE. Pursuant to the Pennsylvania Sewage Facilities Act, Seller must provide a history of the annual cost of maintaining the tank from the date of its installation or December 14, 1995, whichever is later. NOTICE 4: AN INDIVIDUAL .SEWAGE .SYSTEM HAS BEEN INSTALLED AT AN ISOLATION DISTANCE FROM .A WELL THAT IS LESS THAN. THE DISTANCE SPECIFIED BY REGULATION. The regulations at 25 Pa. Code 573.13 pertaining to minimum horizontal. isolation distances provide guidance. Subsection (b) of §73.13 states that the minimum horizontal isolation distance between an individual water supply or water supply system suction line and treatment tanks shall be 50 feet. Subsection {c) of X73.13 states that the hori- zontal isolation distance between the individual water supply or water supply system suction line and the perimeter of the absorption area shall be 100 feet. NOTICE 5: THIS LOT IS WITHIN AN AREA IN WHICH PERMIT LIMITATIONS ARE IN EFFECT AND IS SUBJECT TO THOSE LIMITATIONS. SEWAGE FACILITIES ARE NOT AVAILABLE FOR THIS 1C;OT AND CON- STRUCTION OF A STRUCTURE TO BE SERVED BY SEWAGE FACILITIES MAY NOT BEGIN UNTIL THE A4UNICIPALITY COMPLETES A MAJOR PLANNING REQIUIREMENT PURSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT AND REGULATIONS PROMULGATED THEREUNDER ,~ BuperInitials~~ ~ /~ Form generated by: T1'tteForms'" Back of Page 2 Seller Initials: www.TrueForms.com 800-499-9612 NOTICES REGARDING LANll USE I2ES"i'R[CT'IONS (Paragraph 9: Sc(lcr Representations) NOTICE PURSUANT"TO T'liE PENNSYLVANIA RICII'1=TO-FARM [..AW (3. P.S. § 951-957) The property you are buying may be located in an area where agricultural operations take place. Pennsylvania protects agricultural resources for the production of food and agricultural products. The law limits circumstances where normal ,agricultural operations may be subject to nuisance lawsuits or restrictive ordinances. RARMLAND AND i'OREST LANll ASSESSMENT ACT (CLEAN ANU GREEN PROGRAM) (72 P.S. §.5490.1 et seq.) Properties enrolled in the Clean and Green Program receive preferotitial tax assessment. Notices Required by Seller: A Seller of Property enrolled in the Clean and Green Program must submit notice of the sale and any proposed changes in the use of Seller's remaining enrolled Property to the Cowity Assessor 30 days before the transfer of title to Buyer. Notices Required by Buyer: A Buyer of Property enrolled in the Clean and Green Program must submit notice of any proposed changes Buyer intends to make in the use of the Property being purchased to the County Assessor at least 30 days prior to under- taking any changes. Loss of Preferential Tax Assessment: The sale of Property enrolled in the Clean and Green Program may result in the loss of pro- gram enrollment and the loss of preferential tax assessment for the Pt•opet•ty and/or file land of which it is a part and from which it is being separated. Removal from enrollment in the Clean and Green Program may result in the charge of roll-back taxes and inter- est. A roll-back tax is the difference in the amount of taxes paid under the program and the taxes that would have been paid in the absence of Clean and Green enrollment. The roll-back taxes are charged for each year that the Property was enrolled in the program, limited to the past 7 years. Buyer and Seller have been advised of the need to determine the tax implications that will ot• may result from the sale of tl~e Property to Buyer or that may result in fire future as a result in any change in use of the Property or the land from which it is being separated by contacting the County Tax Assessment Office before the execution of this Agreement of Salc. OPEN SPACE ACT 32 P.S. § 5001 et seq. This Act enables counties to enter into covenants with owners of land designated as farm, forest, water supply, or open space land on an adopted municipal, county or regional plan for the purpose of preserving the land as open space. A covenant between the owner and county is binding upon any Buyer of the Property during the period of time that the covenant is in effect (5 or 10 years). Covenants automatically renew at the end of the covenant period unless specific termination notice procedures are followed. Buyer acknowledges that the purchase of Property for which there is a covenant wilt not extinguish the covenant and that a change in the use of the land to any other use other than that designated in the covenant will constitute a breach. When a breach of the covenant occurs, the then-owner is required to pay roll-back taxes and interest. Aroll-back tax is the difference in the amount of taxes paid and the taxes that would have been paid in the absence of the covenant. The roll-back taxes at•e charged for each year that the Property was subject to the covenant, limited to the past 5 years. Buyer has been advised of the need to determine the t•estrictions that will apply from the sale of the Property to Buyer and the tax implications that will or may result from a change in use of the Property, or any portion of it. Buyer is further advised to determine the term of any covenant now in effect. Buyer Initials: / Back of 1'a c 3 g Seller Initials: Form generated y: Ti•ueForms'" www.TrueForms.com 800-499-9612 ~~ a NOTICES REGARDING PROPERTY & ENVIRONMEN'I'A[~ INSPECTIONS (Paragraph 11: Inspections) Exterior Insulation and Finish Systems (EIFS): Exterior Insulation .and Finish Systems sotnelimes referred to as synlhctic stucco are multi-layered wall systems applied to the exterior of some homes. Poor or improper instaFlation of EIFS may result in moisture penetrating the surface of a structure where it may cause damage to the building's frame. Leakage most frequently occurs near doors and windows, gutters, the roof connection and at the lowermost edge of the exterior surface. Vulnerability to leakage depends on structure design as well as the expertise and application skills of the contractor. Damage caused by water intrusion may be both extensive and expensive to repair but may go undetected in the absence of an adequate inspection. Buyers purchasing homes with EIFS construction may seek to engage an inspector experienced in testing for EIFS-related .problems ..who can determine the moisture content of the building's frame. Asbestos: The heat-resistant and durable nature of asbestos makes it useful in construction. The physical properties that .give asbestos its resistance to heal and decay are linked with several adverse. health effects. Asbestos can easily break into microscopic fibers that remain suspended in the air for long periods of time. When inhaled, these fibers easily penetrate body tissue, Asbestos is known to cause Asbestosis and various forms of cancer. Inquiries or requests for more information about asbestos can be directed to the U.S. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Ave., N.W., Washington, D.C. 20460, and/or the Department of Health, Commonwealth of Pennsylvania, Division of Environmental Health, Harrisburg, PA 17 ] 20. Electromagnetic Fields: Electromagnetic Fields (EMFs) occur around all electrical appliances and power lines. Conclusive evi- dence that EMFs pose health risks does not exist at present, and Pennsylvania has no laws regarding; this issue. Environmental Hazards: The U.S. Environmental Protection Agency has a list of hazardous substances, the use and disposal of which are restricted by law. Generally, if hazardous substances are found on a property, it is the property owner's responsibility to dispose of them properly. For more information and a list of hazardous substances, contact the U.S. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Ave., N.W., Washington, D.C. 20460, (202) 260-2090. Wetlands: Wetlands are protected by the federal and state governments. Buyer may wish to hire an environmental engineer to investigate whether the Property is located in a wetlands area to determine if permits for plans to build, improve or develop the prop- erty would be affected or denied because of its Location in a wetlands area. Mold, Fungi and Indoor Air Quality: Indoor mold contamination and the inhalation of bioaerosols (bacteria, mold spores, pollen and viruses) have been associated with allergic responses including upper respiratory congestion, cough, mucous membrane imita- tion, fever, chills, muscle ache or other transient inflammation or allergy. Claims have been asserted that. exposure to mold contam- ination and bioaerosols has led to serious infection, immunosuppression and illnesses of neuro or systemic toxicity. Sampling of indoor air quality and other methods exist to determine the presence and scope of indoor contamination. Because individuals may be affected differently, or not affected at a11, by the presence of mold or other bioaerosols, Buyer may wish to engage the services of a qualified professional to undertake an assessment and/or sampling of the Property, Assessments and samplings for the presence of mold and bioaerosols can be performed by qualified industrial hygienists, engineers, laboratories and home inspection compa- nies that offer these services. Information about indoor air quality issues is available through the U.S. Environmental Protection Agency and may be obtained by contacting IAQ INFO, P.O. Box 37133, Washington, D.C. 20013-'7133, 1-800-438-4318. Radon: Radon is a natural, radioactive gas that is produced in the ground by the normal decay of uranium and radium. Studies indi- cate that extended exposure to high levels of radon gas can increase the risk of lung cancer. F:adon can find its way into any air-space and can permeate a structure. If a house has a radon problem, it usually can be cured by increased ventilation and/ot• by preventing radon entry. Any person who tests, mitigates or safeguards a building for radon in Pennsylvania must be certified by the Department of Environmental Protection. Information about radon and about certified testing or mitigation firms is available through Department of Environmental Protection, Bureau of Radiation Protection, 13th Floor, Rachel Carson State Office Building, P.O. Box 8469, Harrisburg, PA 171 OS-8469, (800) 23RADON or (777) 783-3594. www,ep.a.gov NOTICES REGARDING RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT (Paragraph 11: Inspections) Lead-Based Paint Hazards Disclosure Requirements (for properties built before 1978): The Residential Lead-Based Paint Hazard Reduction Act requires any Seller of property built before 1978 to provide the Buyer with anEPA-approved lead hazards information pamphlet titled Protect Your Family from Lead in Your Home and to disclose to the Buyer and the broker(s) the known presence of lead-based paint and/or lead-based paint hazards in or on the property being sold, along with the basis used for deter- mining that the hazards exist, the location of the hazards, and the condition of painted surfaces. Any Seller of a pre-1978 structure must also provide the Buyer with any records or reports available to the Seller regarding lead-based paint and/or lead-based paint hazards in or about the property being sold, the common areas, or other .residential dwellings in multi-fancily housing. Before a Buyer is obligated to purchase any housing constructed prior to 1978, the Act requires the 3e11er to give the Buyer 10 days (unless Buyer and Seller agree in writing to another time period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. The opportunity to conduct a risk assessment or inspection may be waived by the Buyer, in writing. Neithe testing nor abatement is required of the Seller. Housing built in 1978 or later is nog: subject to the Act. Buyer Initials ~ i ~ Back of Page 4 Seller Initials: , ~~~ ~ V _ --- Form generated y: Tl'UeFOrmS www.TrueForms.com 800-499-9612 LEAD WARNING STATEMENT (FOR PROPERTIES 13UII:1' 13[;FORL 1978) Eve,y purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is nofitied that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The Seller of any interest in residential real property is required to provide the Buyer with any information on lead-based paint hazards from risk assessments or inspections in the Seller's possession and notify the Buyer of any known lead-based paint hazards. A risk assessment or inspection. for possible, lead-based paint hazards is recommended prior to purchase. NO'I 1CE REGARDING THE HOME INSI'LCTIUN LAW (G8 Pa. C.S.A. §7501, et seq.). (Paragraph I1: Inspections) Applicability: The Hone Inspection Law applies to "residential real estate transfers," defined . as a sale, exchange, installment sales contract, lease with an option to buy, grant or other tra,tsfe,' of an interest •in real property ;vrhere NOT LESS 'THAN ONG ANll NOT MORE TITAN FOUR RESIDENTIAL DWELLING UN17'S 'are involved. (See Notice Regarding The Real Estate Seller Dise[osure Law (exceptions ]-8) for a list of exceptions to this general rule:) The following definitions are taken from the text of the Home Inspection Law Home Inspection: Anon-invasive, visual examination of some.'oombination of the mechanical, electrical or plumbing systems or the structural and essential components of a residential dwelling 'designed to identify material defects in those syste-ns and compo- nents, and performed for a fee in connection with or preparation for a proposed or possible residential real estate transfer. The term also includes any consultation regarding the property that is represented to be a home inspection or that is described by any con- fusingly similar term. The term does not :include an examination of a single system or component of a residential dwelling such as, for example, its electrical or plumbing system or its roof The term also does not inch,de an examination that is limited to inspec- tion for, or of, one or more of the following: wood-destroying insects, underground tanks and wells, septic systems, swimming pools and spas, alarm systems, air aad water quality, tennis courts and playground .equipment, pollutants, .toxic chemicals and environ- mental hazards. The scope of a home inspection, the services to be performed and the systems and conditions to be inspected or excluded from inspection may be defined by a contract between the home inspector and the client. Home inspection Report: A written report on the results of a home inspection. A home inspection report shall include: (1) A description of the scope of the inspection, including without limitation an identification of the structural elements, sys- temsand subsystems covered by the report. (2) A de§crlptiori of any material defects noted during the inspection, along with any recommendation that certain experts be retained to determine the extent of the defects and any corrective action that should be taken. A "material defect" that poses an unreasonable risk to people on the property shall be conspicuously identified as such. A home inspector shall not express either orally or in writing an estimate of the cost to repair any defect found during a home inspec- tion, except that such an estimate may be included in a home inspection report if: (1) the report identifies the source of the estimate; (2) the estimate is stated as a range of costs; and (3) the report states that the parties should consider obtaining ati estimate from a contractor who performs the type of repair involved. Seller shall have the right, upon request, to receive without charge a copy of any inspection report from the party for whom it was prepared. Home inspector: An individual who performs a home inspection. National home inspectors association: Any national association of home inspectors that: (1) Is operated on anot-for-profit basis and is not operated as a franchise. (2) Has members in more than ten states. (3) Requires that a person may not become a full member unless the person has performed or participated in more than 100 home inspections and has passed a recogni2ed or accredited examination testing knowledge of the proper procedures for conducting a home inspection. (4) Requires that its members comply with a code of conduct and attend continuing professional education classes as an ongo- ing condition of membership. A Buyer shall be entitled to rely in good faith, without independent investigation, on a written representation by a home inspector that the home inspector is a full member in good standing of a national home inspection association. Material defect: A problem with a residential real property or any portion of it that would have a significant adverse impact on the value of the property or that involves an unreasonable risk to people on the property. The fact that a structural element, system or subsystem is near, 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. Buyer Initials: / ~ Back of Page 5 Seller Initials: Form generated rue Forms`" www.TrueForms.com 800-499-9842 . . NOTICES REGARDING CONllOMIN1UMS AND 1'LANNL+'D COMMUNI'I'[ES (Paragraph 14: Condominium/Plannctl Community (Womeowncr Association) Resale Notice) Definition of a Condominium The Uniform Condominium Act defines a "condominium" as real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless tht: undivided interests in the common elements are vested in the unit owners. Definition of a Planned Connnnnity The Uniform Planned Community Act defines a "planned community" as real estate with respect to which a person, by virtue of ownership of an interest in any portion of the real estate, is or may become obligated by covenant, easement or agreement imposed on the owner`s interest to pay any amount for real property taxes, insurance, maintenance, repair, improvement, management, administration or regulation of any parr of the real estate other than the portion or interest owned solely by the person. The term excludes a cooperative and a condominium, but a coop- erative or condominium may be part of a planned community. For the purposes of this definition, "ownership"includes holding a leascholtl interest of more than 20 years, including renewal options, in real estate. The term includes non-residential. campground communities. Exemptions from the Uniform Planned Community Act and the Uniform Condominium Act: When a Certificate of Resale Is Not Requ-red The owner of a property located within a planned community is not required to furnish the Buyer with a certificate of resale under the follow- ing circumstances: (1) The Planned Community contains no more than 12 units, provided there is no possibility of adding real estate or subdividing snits to increase the size of the Planned Community. {2) The Planned Community/Condominium is one in which a[l ofthe units are restricted exclusively to non-residential use, unless the dec- laration provides that the resale provisions are nevertheless to be followed. (3) The Planned Community/Condominium or units are located outside the Commonwealth of Pennsylvania. {4) The transfer of the unit is a gratuitous transfer. (5) The transfer of the unit is required by court order. (6) The transfer of the unit is by the government or a governmental agency. (7) The transfer of the unit is the result of foreclosure or in lieu of foreclosure. Notices Regarding Public Offering Statements and Right to Rescission 1f Seller is a Declarant of the condominium or planned community, Seller is required to furnish 13uyer with a copy of the Public Offering Statement and its amendments. For condominiums, the delivery of the Public Offering Statement must be made no later than the date the Buyer executes this Agreement. Buyer may cancel this Agreement within 75 days after receiving the Public Offering Statement artd any amendments that materially and adversely affect Buyer. For planned communities, the Declarant must provide the Buyer with a copy of the Public Offering Statement and its amendments no later than the date the Buyer executes this Agreement. Buyer may cancel this Agreement within 7 days after receiving the Public Offering Statement and any amendments that materially and adversely affect Buyer. NOTICES REGARDING RECREATIONAL CABINS (Paragraph I5: Title, Surveys & Costs) The following definitions and requirements are taken from the Pennsylvania Construction Code Act (35 P.S. §72]0.101 et. seq.) A Recreational Cabin is a structure which is: (1) Utilized principally for recreational activity; {2) Not utilized as a domicile or residence for any individual for any fime period; (3) Not utilized for commercial purposes; (4) Not greater than two stories in height, excluding basement; (5) Not utilized by the owner or any other person as a place of employment; (6) Not a mailing address for bills and correspondence; and (7) Not listed as an individual's place of residence on a tax return, driver's license, car registration or voter registration. A -•ecreational cabin may be exempt from the provisions of the Pennsylvania Construction Code Act if: (1) The cabin is equipped with at least one smoke detector, one fire extinguisher and one carbon monoxide detector in both the kitchen and sleeping quarters; and (2) The owner of the cabin files with the municipality either: (a) An affidavit on a form prescribed by the Pennsylvania Department of Labor and Industry attesting to the fact that the cabin meets the definition of a "recreational cabin" in Section 103 of the Act; or (b) A valid proof of insurance for the recreational cabin, written and issued by an insurer authorized to do business in this Commonwealth, stating that the structure meets the definition of a "recreational cabin" :as defined in Section 103 of the Act. If a recreational cabin is subject to exclusion from the Pennsylvania Construction Code Act, upon transfer of ownership of the recre- ational cabin, written notice must be provided in the sales agreement and the deed that the recreational cabin: (1) Is exempt from this Act; (2) May not be in conformance with the uniform construction code; and (3) Is not subject to municipal regulation. Failure to comply with this notice requirement shat] render the sale void at the option of the purchaser. Bnycr Initials: ~ r Back of Page 6 Seller Initials Fom, generated-t5y: Ti•ueForms'" www.TrueForms.com SOD-499-96'12 „ . NOTICES REGAI2UING MEDIATION (Paragraph 23: Mediation) HOME SELLERS/HOME BUYERS DISPUTE RESOLUTION SYSTEM Rl1LL<`S ANU PROCEDURhS 1, Agreement of Parties: The Rules and Procedures of the Dispute Resolution System (DRS) apply when the parties have agreed in writinb to mediate under DRS. The written agreement can be achieved by a standard clause in an agreement oi'sale, au addendum to an agreement of sale, or through a separate written agreement. 2. Initiation of Mediation: if a dispute exists, any party may start the mediation process by submitting a completed Request to Initiate Mediation DRS Transmittal Form (Transmittal Form) to the local Association of RLALTORS~ (hereafter "Administrator"). The `Transmittal Form should beavailablethrough the Administrator's office. The initiating parry should tty to include the following information when send- ing the completed Transmittal Form to the Administrator: a. A copy of the written agreement. to mediate if there is one, OR a request by the initiating party to have the Administrator contact the other parties to the dispute to invite them to join the mediation process. b. The names, addresses and telephone numbers of the parties involved in .the dispute, including the name of every insurance com- pany known to have received notice of the dispute or claim and the corresponding file or,.c[aim'numb'er. c. A brief statement of the facts of the dispute and the damages or relief sought. 3. Selection of Mediator:Within five days of receiving the completed Transmittal Fornt, the Administrator will send each party to the dis- pute acopy ofthe Transmittal Form and a list of qualified -t~ediators and their fee schedules. Each party then has ten days to review the list of mediators, crass o#I•the name of any mediator to whom the party objects, and return the list to the Administrator. The Administrator will appoint the first available mediator who is acceptable to all parties involved. A mediator who has any financial or personal interest in the dispute or the results of the mediation cannot serve as mediator to that dispute, unless all parties are informed and give.their written consent. 4. Mediation Fees:Mediation fees will be divided equally among the parties and will be paid Gefore the mediation conference. The parties will follow the payment terms contained in the mediator's fee schedule. 5. Time and JPlace of Mediation Conference: Within ten days of being appointed to the dispute, the mediator will contact the parties and set the date, time and place of the mediation conference. The mediator must give at least twenty days' advance notice to all parties. The medi- ation conference should not be more than sixty days from the mediator's appointment to the dispute. 6. Conduct of Mediation Conference: The parties attending the mediation conference will be expected to: a. Have the authority to enter into and sign a binding settlement to the dispute. b . Produce a!1 information required for the mediator to understand the issues of the dispute. The information may include relevant written materials, descriptions of witnesses and the content of their testimony. The mediator can require the parties to deliver writ- ten materials and information before the date oi'the mediation conference, The mediator presiding over the conference: a. Wilt impartially conduct an orderly settlement negotiation. b. Will help the parties define the matters in dispute and reach a mutually agreeable solution. c. Will have no authority to render an opinion, to bind the parties to his or her decision, or to force the parties to reach a settlement. Formal rules of evidence will not apply to the mediation conference. 7. Representation by Counsel: Any party who intends to be accompanied to the mediation conference by legal counsel wilt notify the medi- ator and the othet• parties of the intent at least ten days before the conference. 8. Confidentiality:No aspect of the mediation can be relied upon or introduced as evidence in any arbitration, judicial or other proceeding. This includes, but is not limited to, any opinions or suggestions made by any party regarding a possible settlement; any admissions made during the course of the mediation; any proposals or opinions expressed by the mediatot•; and any responses given by any party to opinions, suggestions, or proposals. No privilege will be affected by disclosures made in the course of the mediation. Transcripts or recordings of the mediation will not be allowed without the prior, written consent of all parties and the mediator. Records, reports, and other documents received or prepared by the mediator or Administrator cannot be compelled by an arbitration, judi- cial, or other proceeding, with the exception of an agreement that was reached in the course of mediation and signed by all the parties. Neither the mediator nor the Administrator can be compelled to testify in any proceeding regarding information given or representations made either in the course of the mediation or in any conf dentist communication. 9. Mediated Settlement: When a dispute is resolved through mediation, the mediator will put the complete agreement in writing and all par- ties will sign the written agreement within ten days of the conclusion of the mediation conference. Every reasonable effort will be made to sign the wt•itten agreement at he end of the conference, 10. Judicial Proceedings and Immunity: NEITHER THE ADMINISTRATOR, THE MEDIATOR, THE NATIONAL ASSOCIATION OF REALTORS®, THE PENNSYLVANIA ASSOCIATION OF REALTORSm, NOR ANY OF ITS MEMBER BOARDS, WILL BE DEEMED NECESSARY OR INDISPENSABLE PARTIES IN ANY JUDICIAL PROCEEDINGS RELATING TO MEDIATION UNDER THESE RULES AND PROCEDURES, NOR WILL ANY OF THEM SERVING UNDER THESE PROCEDURES BE LIABLE TO ANY PARTY FOR ANY ACT, ERROR OR OMISSION IN CONNECTION W1TH ANY SERVICE OR THE OPERATION OF THE HOME SELLERS/HOME BUYERS DISPUTE RESOLUTION SYSTEM. Buyer Initials: ~ Back of Pa e 7 g Seller Initials: Form generated by cue Forms'" www.TrueForms.com 500-499-9612 ~ / /` A NOTICES REGARDING TfIE REAL I:S'I'A'tE SELLER DISCLOSURE LAW (Page t 1: Signature Page) The Real Estate Seller Disclosure Law requires that before an agreemcart of sale is signed, the Se]IEr in a residential real estate transfer must make certain disclosures regarding the property to potential Buyers in a'form defined by the law. A residential real estate transfer is defhred as a sale, exchange, installment sales contract, lease with an option to buy, grant or other transfer of an interest in real: property where NUT LESS THAN ONE AND NOT MORE THAN FOUR RESIDEN'T'IAL DWELLING UNITS are involved. The Law defines a number of exceptions where the disclosures do not.have to be made: 1. Transfers that are the result`of a court order. 2. Transfers to a mortgage lender that result from a Buyer's defauh and subsequent foreclosure sales that result from default. 3. Transfers from a co-owner to one or more other co-owners. 4. Transfers made to a spouse oi• direct descendant. 5. Transfers between spouaes that result from divorce, legal separation or properly settlement. 6. Transfers by a corporation, partnership or other association to.its shareholders, partners or other equity owners as part of a plan of liquidation. 7. Transfer of a property to be demolished or converted to non-residential use. 8. Transfer of unimproved real property. 9. Transfers by a fiduciary during the administration of a decedent estate, guardianship, conservatorship or trust_ 10. Transfers of new construction that has never been occupied when: a. The Buyer has received aone-year warranty covering the construction; b. The building has been inspected for compliance with the applicable building code or, if none, a nationally recognized model build- ing code; and c. A certificate of occupancy or a certiftcate of code compliance has been issued for the dwelling. In addition to these exceptions, disclosures for condominiums and cooperatives are limited to the Seller's particular unit(s). Disclosures regard- ing common areas or facilities are not required, as those elements are ah•eady addressed in the laws that govern the resale of condominium and cooperative interests. Buyer Tnitiais: '/r i form generated by: Tt-tleForms'" Back of Page S Seller Initials: www.TrueForms.com 800-499-9612 A home inspection gives the buyer more detailed information about the overall condition of the home prior to purchase. In a home inspection, a qualified inspector takes an in-depth, unbiased look at your potential new home to: Evaluate the physical condition: structure, construction, and mechanical systems; ~ Identify items that need to be repaired or replaced; and ~ Estimate the remaining useful life of the major systems, equipment, structure, and finishes. Appraisals are Different from Home Inspections An appraisal is different from a home inspection. Appraisals are for lenders; home inspections are for buyers. An appraisal is required to: ~ Estimate the market value of a house; ~ Make sure that the house meets FHA minimum property standards/requirements; and ~ Make sure that the property is marketable. FHA Does Not Guarantee the Value or Condition of your Potential New Home If you find problems with your new home after closing, FHA can not give or lend you money for repairs, and FHA can not buy the home back from you. That is why it is so important for you, the buyer, to get an independent home inspection. Ask a qualified home inspector to inspect your potential new home and give you the information you need to make a wise decision. Radon Gas Testing The United States Environmental Protection Agency and the Surgeon General of the United States have recommended that all houses should be tested for radon. For more information on radon testing, call the toll-free National Radon Information Line at 1-800-SOS-Radon or 1-800-767-7236. As with a home inspection, if you decide to test for radon, you may do so before signing your contract, or you may do so after signing the contract as long as your contract states the sale of the home depends on your satisfaction with the results of the radon test. Be an Informed Buyer It is your responsibility to be an informed buyer. Be sure that what you buy is satisfactory in every respect. You have the right to carefully examine your potential new home with a qualified home inspector. You may arrange to do so before signing your contract, or may do so after signing the contract as long as your contract states that the sale of the home depends on the inspection. ~. °" HUD 92564-CN (6/06) ~~'.~ Formgenererod6y.TYtt¢Forms'" www.TrueForms.com 800-499.9612 ~~6AifC~151iCFS~~ ~ s ~ ~ APPRAISAL CONTINGENCY AllDENDUM TO AGREEMENT Or SALI~ This form recommended and appro~~ed for, but not raslrictcd to use t>Y, the memlx;rs of tho Pennsylvania association of RLiACfURS~ (I'AR) 1 2 3 a 5 6 a s io 11 12 13 14 15 is 17 18 19 20 21 22 23 2a 2s 2s 27 28 2s 30 ACA PROPERTY 1414 Walnut Bottom Rd Carlisle, PA 17015 SELLER Estate Samuel R. Calabretta (Sharon Rapak~ POA) BUYER James M. Griffie DATE OF AGREEMENT December 6 2011 The Agreement of Sale is contingent upon the Properly being appraised in a manner that is acceptable to underwriter (if Buyer is obtaining financing) and at a value that. is equal to or higher than: _- $ of the Purchase Price X The Purchase Price 2. Contingency Period: days (21 if not specified) from the Execution Uate of the Agreement. Within this Contingency Period, Buyer may obtain an appraisa[ of the Property from a Pennsylvania certified appraiser. [f Buyer is obtain- ingmortgage financing, the appraisal shall be performed by a Pennsylvania certified appraiser. selected by the mortgage lender to whom Buyer has made application for financing. If Buyer is not obtaining mortgage financing, the appraisal shall be performed by a Pennsylvania certified appraiser selected by Btryer. (A) If the terms of Paragraph 1 are satisf ed, Buyer accepts the Property and agrees to the terms of the RELEASE paragraph of the Agreement of Sale. (B) If the terms of Paragraph 1 are not satisfied, Buyer will deliver a copy of the appraisal repor-[ to Seller, and Buyer will, within the Contingency Period: 1. TeI•minate the Agreement of Sale by written notice to Seller, with all deposit monies returned to Buyer according to the terns of Agreement of Sale, OR 2. Enter into a mutually acceptable written agreement with Seller. 3. If Buyer does not terminate the Agreement of Sale or enter into a mutually acceptable written agreement with Sellerrvithin this Contingency Period, Buyer waives this contingency. AI] other te~antl.~e~d"tion f the Agreement of Sale remain unchanged and in full force and effect. 1 ,, ~ WITNI~ - BUYER ` 9 ~ ,2% _ DATE ~~ C° elf James M. Gri ie~ 31 WITNESS 3s WITNESS BUYER BUYER _ SELLER _ Sharon Rap OA SELLER _ SELLER ~/ (Pennsylvania Association of REALTORS"' Form generated by: Tr~ueForms'" vrww.TrueForms.com 800-499-9612 DATE DATE DATE -~~ ~- ~! DATE DATE COP)'RIGHT PETQNSYLVANIAASSOCIATION Or REALTORS ®2003 OS/OS 3a WITNESS .. B ESIT>-O F Cti~,~,~ 20-11 Awarded by Too Ser=Ilnel FOOTE ~ r,\ CAPITAL ~~~. hl Utt'['C)AGC CUMI'AKY PRLAPPRUVAL BE,~T OF BEST._O.F Clhliij/! ~~~( ~4c•r 201 2®~® BEST.OF BEST OF BES7.OF Cr9/Iy/- %Vl(._llir.rn Cr./is/(s 2~Q9 2009 2,~Q®.8 • ... .,.<~;.w.~.»~w~ ... . ATTN: llcnnis .Eckman / ~Toolcc, I•Toolcc & Cclcman, LLC Realtors December 5, 201 1 The pt•esenter of this l'rcapproval has been preapproved~` for a mortgage with Foote Capital Mortgage Company and brings with them the instant credibility of a serious buyer. When doing business with this preferred buyer, you know the strength and expertise of Foote Capital Mortgage Company is behind them. Borrower(s): Purchase Amount: Notes: James M Griffe 155,000.00 PHA 2031{ fnancing. Buyer is to present this certificate to their real estate agent, builder, seller, et cetera as proof that they have been preapproved for a mortgage with Foote Capital Mortgage Company. Authorized Signature of Shaun Foote ~Ylo~-lgage Advisor, NMLS # 13=411 Phone: 7I7-Z49-7500 x101 ~`' • Preapproval is subject to a satisfactory appraisal of the subject property, evidence of income and assets, and other under~.vriting conditions as may be required. An interest rate may not yet be locked and may increase or decrease at any time. A significant rate increase may lower tl)e approved purchase price showy on this preapproval. 3 East Mulberry Avenue • Carlisle, Pennsylvania 17013 Tel: 717-249'7500 • Fax: 717-z¢9'75~9 ~ wv~'w.FooteCapital.com Licensed by the Pennsylvania Department of Banking ~ I~IMLS ~ Slozg ~ 414 V1lal~ut Bottom Road Carlisle PA 17013 Addendum (A.o.s.~ Current Agreement of Saie details: Sales Prlce ~152rt)00.00 Seller's assistance $6,000.00 Under contract date 12!7!2011 Wednesday Settlement date 2l1ffi12012--Wednesday 2/9 012 01 2--FrItl~y In reference to the agreement of sale between James Grlfiie (the purchaser] S SarnueN Calabretta (the seller), ratified on 121712011, and covering the real property commonly known as 1414 Walnut 9ottorn :Road Carlisle PA 17013, the undersigned purchaser and seller hereby acknowledge, agree and Incorporate the following into the Agreement of Sale; whereas, alt other existing terms remain unchanged. The contract settlement date Is extended to on or before 3115112 Pu baser ~ ' Date =~ Purchaser Date ~~d f~G~trtl J-L LL i~asoaotW Date ~ ~ ic/ Salter Oate e4E:60 Z 1, 5 ,~