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HomeMy WebLinkAbout03-12-12IN RE: Estate of Sara D. Strong : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNA. ORPHANS' COURT DIVISION rb,, N0.21-11-0984 n ` ~~ rz ~ ~_ ; PETITION TO GATHER AND "_' z ~? ~~ ~ r' PRESERVE ESTATE ASSETS ~ ~`~ r_V TO THE HONORABLE JUDGE OF THE SAID COURT: `- '~' _:~ r ,- Petitioner, Geoffrey S. Yuda, by and through his attorney, Susan J. Hartman, Esquire, states-the ~~,, .~ following: 1. Petitioner, Geoffrey S. Yuda, a sui juris individual, resides at 1201 Red Hill Road, Dauphin, Dauphin County, Pennsylvania 17018. 2. Petitioner is the Executor of the Estate of Sara D. Strong by virtue of Letters Testamentary granted September 22, 2011. A copy of the Letters Testamentary is made a part hereof and is attached hereto as Exhibit "A". 3. Sara D. Strong died June 13, 2009. 4. David M. Strong, surviving spouse of Sara D. Strong, renounced his right to act as Executor of the Estate of Sara D. Strong. A copy of the renunciation is made a part hereof and is attached hereto as Exhibit "B''. 5. David M. Strong is the primary beneficiary under the Last Will and Testament of Sara D. Strong dated May 14, 2009. A copy of the Will is made a part hereof and is attached hereto as Exhibit «C» 6. The only asset of the estate which has been ascertained by the Petitioner is real estate known and numbered as 405 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013. 7. The assessed value of the aforesaid real estate is $167,700.00. A copy of the assessment is made a part hereof and is attached hereto as Exhibit "D". 8. The real estate is encumbered by a mortgage to CitiMortgage with a principal balance due of approximately $89,428.00. A copy of the mortgage statement is made a part hereof and is attached hereto as Exhibit "E". 9. David M. Strong currently resides at 302 South Manor Street, Mountville, Pennsylvania 17554. 10. David M. Strong directed the Petitioner to clean and repair the premises located at 405 Walnut Bottom Road, Carlisle, Pennsylvania, and to list the property with a real estate agent for sale. 11. Pursuant to those instructions, Petitioner, through attorney Susan Hartman, contracted with David Sheibley for removal of the contents of the house and repair of a mold condition in the basement of the property. Costs advanced to David Sheibley which remain unpaid are in the sum of $1250.00. A copy of the contract is made a part hereof and is attached hereto as Exhibit "F". 12. Pursuant to those instructions, Petitioner, through attorney Susan Hartman, contracted with RT Carey Trucking for dumpster services. Costs advanced to RT Carey Trucking which remain unpaid are in the sum of $904.74. Copies of the invoices are made a part hereof and attached hereto as Exhibit «G~, 13. Pursuant to those instructions, Petitioner, through attorney Susan Hartman, contracted with Lesa Jackson to clean the premises. Costs advanced to Lesa Jackson which remain unpaid are in the sum of $135.00. A copy of the invoice is made a part hereof and attached hereto as Exhibit "H". 14. Pursuant to those instructions, Petitioner, through Tim Yuda, his brother and the nephew of David M. Strong, advanced funds to secure heating oil of the premises. Costs advanced to Tim Yuda which remain unpaid are in the sum of $535.93 Copies of the invoices are made a part hereto and attached hereto as Exhibit "I". VERIFICATION The undersigned, having read the attached Petition, hereby verifies that the facts set forth therein are true and correct to the best of his knowledge, information and belief. 'T'his verification is made subject to the penalties of 18 Pa.C.S. Section 4904 pertaining to unsworn falsification to authorities. ^,,~~ ~~ y da REGISTER ~!F ~~?~..I.. PENNSY~..°/AI~ °=J'~ -~~ ~- ~` .~ w ~ ~~~. :~ ,;. CERTIFICATE OF GRANT OF LETTERS ~' ~'G~ 1 ? U'0984 PA No . 21- 11- 0984 _ ; ~ a t;~ C!r : SARA D STRONG (Fist, Middle, Lastl ~-~ _ - CARLISLE BOROUGH CUMBERLAND COUNTY r,~:~e•ased `~:- ='=:~~.' Securi,:.y No: 162-22-5916 WFt~= R!;,"S, or:~ f:.'~~; _~ .~ of t:>'epterzber 2011 an instrument dated .",1a_Y• 1~!'~_.!~ 0; i~~~:„i,_; °,:i~ :r,:: probate as the last will of ,SAR,4 L'' tiTd;°C)i1~ f ~rrst, hlNale, ~.a.;~9 _ _.....__._...._._.. :~atE~ r,~: r:~~~R,!:.~'~'l.i=.l~~t;~h'c':?~~/rwfa' C~MBERLANL7Cocrnty, who d.i end O ~ i ~rE~ ! :3 r; ~ c;~ `~rune 2009 and, i'V1'F~F2I"~~'~~~ ~ ': r•-1c=' '%.- ~=~ - ~ t:he wil.1 as probated is annexed hereto. ~''hF'~1;r'~F~'.!~'; .a;, t!~~~PJL),~ '~ EARNER STRASBAUGH Register of Wills in a d ` for CiJN1F_3E1~:. ~.CL.I '.~ {'ot~~r:r F.: , , n a: c Cc~mmonwe,al th of Pennsyl vani a, hereby _~erti:fy t1a<~t: ;~ 1`,:~~.~-N;~ -::rz:,. d~a,-~ granted Letters TESTAMENTARY to: GEGFFRC"Y S' Yd'_dU,~~~ ,lho has dz~~:'y ;;Cua ~! its'.°: t:;ci _:; E=XEr'UTOR(R/X) ~.nd has ag.r-c_~e:a to ac r~i~~r~:,i :~tr~r.• the estate according to law, all of which `u1l y a.~:~pe,_i~w•s of x-ec°::>r. c:` r;. my office a t CUMBERLAND COUNTY COURT HOUSE CARLISLE,; PE,'VI~J~~ YL V.~I t'Vla. , IN "I'ES'1'Iititc;)NY 6ti~.H'F'~~.FC:.~~' . 1 :t2<~cre hereunto set my hand and affixed the seal >:E my oa~fi ,:_ e c:~n the 1~5tfa ~a~ of September 2011. ~~~ eglster o ! s ~r~~p~v ~1,~?~Sc~Y~ eputy EXHIBIT * *N~t:)Z~s'"~ * AL1~ lJ~~.~D~BS ABOVE APPEAR (FIRST, MIDDLE, LAST) RENUNCIATION REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVAN[A Estate of SARA D. STRONG Deceased I, DAVID M. STRONG EXECUTOR (PrrntNameJ , in my capacity/relationship as of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to GEOFFREY S. YUDA (Date) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of ---._. Deputy for Register of Wills Form K{f'-Ob rrv. l0. /) 06 EXHtBR _?~ ~ ~ ~ ~~~ lStgnatureJ 405 WALNUT BOTTOM ROAD (Street Address) CARLISLE, PA 17013 (City, State. ZrpJ Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciation for the purposes stated within on this Si ~h day of e eel e~ ~, // Notary ublic My Commission Expires: /I/j~~''fy! /~Ji ~~~1- (Signature and Seal of Notary or other otiiaal yualttied to administer oaths. Show date ofrrpvation of Notary's Commission.) NOTARIAL SEAL JOAN 0. AMAIS, NtXary pt~ Carlitl~ Soto.. Ctxnbrtyt~ by lion t:>~ M.ncn ~sCo`~"I`, ~wS LAST WILL AND TESTAMENT I, SARA D. STRONG, of Carlisle, Cumberland County, Pennsylvania 17013, do hereby make publish and declare this to be my last will and testament, hereby revoking all wills heretofore made by me. 1 • I direct my personal representative to pay all of my debts, funeral and administrative expenses as soon as convenient after my decease. I direct that all inheritance taxes imposed or payable by reason of my death and interest and penalties thereon with respect to all property, whether or not such property passes under this III, shall be aid b m representative out of my estate. P Y Y Personal 2~ I authorize and empower my personal representative to sell any realty and/or personalt owned by me at my death and not specifically devised or bequeathed herein, at public or private sale or sales and to give good and sufficient deeds and/or bills of sale therefore, in fee simple as I could do if living. My representative is authorized and empowered to engage in any business in which I may be engaged at my death, for such period of time after my death as seems expedient to said representative. 3• I give, devise and bequeath all of my estate of whatever nature and wherever situate to my spouse, DAVID M. STRONG. 4• If my spouse does not survive me by a period of at least sixty (60) days, then m estate give, devise and bequeath to Timothy C. Yuda, Geoffrey S. Yuda, Monte Yuda, Georg to A. I Lipson, and James J. Dougherty, share and share alike, or the survivors thereof. 5• I nominate and appoint my spouse to be the personal representative of my estate to serve without bond. If my spouse cannot or does not serve then I a be the substitute personal representative, with the same powers andpalso wGhoutrbon Yuda to d. 6• I suggest that my personal representative retain the services of Harold S. Irwin, III Carlisle, Pennsylvania in the settlement of my estate. EXHIBIT ~ ~', S >c IN WITNESS WHEREOF, I have hereunto set my hand and seal this 14th day of May, 2009. S ~u ~ t.9 (SEAL) SARA D. STRONG Signed, sealed, published and declared by the above-named person as and for a last will and testament, in our presence, who at said person's request, in said person's presence and in the presence of each other have hereunto set our names as subscribing witnesses. S L ACKNOWLEDGMENT AND AFFIDAVIT WE, SARA D. STRONG, SARAH A. HARDESTY and KATHRYN M. MULLEN, the testa ' and witnesses respectively, whose names are signed to the foregoing instrument, bein first duly sworn, do hereby declare to the undersigned authority that the testatrix signed and executed the instrument as her last will and that she had signed willingly, and that she executed it as her free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the testatrix, signed the will as a witness and tha the best of their knowledge the testatrix was, at that time, eighteen years of age or older o t to sound mind and under no constraint or undue influence. ~ f 5 ~a ~~ s~~ SARA D. STRONG COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND '$s' Subscribed, sworn to and acknowledged before me by SARA D. STRONG, the testator and subscribed and sworn to before me b herein, MULLEN, witnesses, this 14~' day of May, 2009 SARAH A. HARDESTY and KATHRYN M. ~` .t ~ -- otary Public - - ~~~~w~~nvt NSYLV ~ NOTARIAL SEAL Harold S. f twin lii; Esq, Notary public Carlisle, Cumberland County ply commission expires Febnrary O6, 2011 Y~ ~~: N KATHR N M. MULLEN TaxDB Result Detain Page 1 of 1 Detailed Results for Parcel 04-22-0481-121. in the 2010 Tax Assessment Databa DistrictNo se 04 Parcel ID 04-22-0481-121. MapSuffix HouseNo 405 Direction Street WALNUT BOTTOM ROAD Owned STRONG, SARA D C/O PropType R PropDesc LivArea 1636 CurLandVal 45900 CurlmpVal 121800 CurTotVal 167700 CurPrefVal Acreage .35 CIGrnStat TaxEx 1 SaleAmt 102000 SaleMo 09 SaleDa 12 SaleCe 1 q SaleYr 94 Deedl3kPage 00111-00773 YearBlt 1960 HF_File_Date 10/20/2004 HF_Approval Status A EXHfBIT http://taxdb. ccpa. net/detai 1 s. asp?id=04-22-0481-121. &dbselect= l - 3/12/2012 K ~ ~•`~Cl igfY ~ ~-_ a ~ SSi. ~ m S ~ ~ ~ R Y ~ ~ 3 ~ ~ jG a ag ~ ~ ar 3 Ay n R ~ ~ ~ » ~ ~ ~ ~ N8~ w ~ =n ~ x~ ~ ~~ ~~g= y l~ y l r R~~ R w 8 ~. na Ply x ~ ~ ~~ ,~ O h ~~ ¢~ S ---_ ~~a ~~ ~a ~~ ~ ~ ~~ '' o°~ ~" O s~~~g~~ ~~: ~. m Q ~~~A =~~~Q ~-~ z c7 ~ cn rp a~~~~ ~ r.. ~ ~ ~~~ ~~ .tea ~~ ~i ~i~ i ~~ ~, rn', A -., ~;,:^, ~ _( _ j P~S~~~ CONTRACTORS INVOICE WORK PERFORMED AT: - - -~--•••--~ ~••~ •••~ aW.~ w~~R was perrormea in accordance with the drawings and specifications •rovided for the above work and was completed in a substantial workmanlike manner for the agreed sum of ExHr~rr Dollars cs his is a O Partial ^ Fuli invoice due and payable by Day accordance with our ^ Agreement ^ Proposal ~ C3822 Month CONTRACTORS INVOICE Year Day Year RT Carey Trucking, LLC DBA Carey's Dumpster Service 61 Heisers Lane Carlisle, PA 17015 717-258-1400 careysdumpsters@cen turylink. net Billing Address Sue Hartman 1 Irvine Row Cazlisle Pa 17013 Invoi ce Invoice Date 10/14/2011 Invoice # 4820 Service Address 405 Walnut Bottom Rd Carlisle P.O. No. Date 10/14/2011 10/14/2011 10/14/2011 Description 30yd Container Delivery (Includes 3 tons of disposal) 30yd Container Switch Disposal Fee- BRL Tkt#267 (Includes 3 Ton of 3.77 Ton) Thanks for choosing Carey's -your local, family-owned trucking and dumpster servicel It's been a pleasure working with youl Please call if you have any questions regarding this invoice, we can be reached at 717.258.1400. Terms Due on rec Quantity ~ Rate 500.00 150.00 0.770 52.00 Subtotal Sales Tax (6.0%) Payments/Credits Balance Due Want to rec EXHIBIT , careysd ~ ail? Drop us a note at G et to go paperless! Due Date 10/14/2011 Amount 500.00 150.00 40.04 $690.04 ---__.__ $0.00 $ 00 0 $690.04 l N~11~t1 RT Carey Trucking, LLC DBA Carey's Dumpster Service 61 Heisers Lane Carlisle, PA 17015 717-258-1400 careysdumpstets@centuryllnk. net Billing Address Sue Hartman 1 Irvine Row Carlisle Pa 17013 Date Description 11/25/2011 30yd Container RemovaVFinal Pull 11/25/2011 Disposal Fee- BRL Tkt# 460573 ~11V01 ce Invoice Date 11/25/2011 Invoice # 4962 Service Address 405 Walnut Bottom Rd Carlisle P.O. No. Terms --______ Due on receipt Quantity Rate 4.110 Thanks for choosing Carey's -your local, family-owned S btotal ~cbng and dumpster service! 4 It's been a pleasure working with you! Sales Tax (s.~%~ Please call if you have any questions regarding this Fayments/Credits invoice, we can be reached at 717.258.1400. Balance Due Want to receive your invoices by email? Drop us a note at careysdumpsters@centurylink.net to go paperless! Due Date ---_-__ 11/25/2011 Amount 52.00 ~ 213.72 D` P y(~~ ~- $213.72 $~. ~~ /$ ~ ~~ $213.72 LESA JACKSON P.O. BOX 173 WALNUT BOTTOM, PA 17266 717-530-0884 %- ~ y .~, DATE ,L 9 ,~ QUANTITY DESCRIPTION PRICE .. Ra.\~,~ EXHIBIT ~~ /~~_ L? ~J ~:EC,~ t~.liai_fifUT ~~C~ T f ?ahi ;; r, r c J .~~ PRO ~,~~~ G1~F'f_ I ALE F=`ETF~`ULEUPI I NC Cfw' I MECHaN I C1~L ± :QhIT . ~~,~,µ ~ cortrtf~F;r.,r~ ~~~~fyUE R'L~ tiff r `r' U I} ~l +::hi~:1...C aL~ F~`~ f. "~ I Z O UCT PAICFJGAL. AMOUNT ~ Q 0 W H Z W TRUCK DRIVER F. IOTA ~ D F ., , .. a i ~) DAYS t~h1U .taF'DU~, J 2 0 IN TANK AFTER PAYMENT RECEIVED Q W CUSTOMER SIGNATURE ~ W H x W D ~ ~ . , ~~ , ~ :, ,_: y~. rt~ ~ ~y a 'ri i't ~. ~ rt ~ + ' 1 I'. t ~ ~, ~ i .., ~ .,a y-t .pKl W_ f- °d' ~ - _ _, ~ . ,~i - ~. tJ 'L .Y. . 1 ~ ....: . "e _. 1' ~ _ ~, .. I v ~ 4~ ~L >~ ~ 3v?i itfllldTk@!! Hedtina ~3ii: Y~?t fir 752 in hiahlv3v, l~?cui>aotive ur aatt~ ?ntTIR~S Ipra-^,11{[-Y...~r2+'1 tL14~ ~~1 •A~!/~~ F irf~i !~! ~~L.a A TN pq ~ ,' ~~~ :, Z z R^ ..T ^_{ + ~ O ...., , ', ~y~! ~ ~ PRODUCT PRICE/GAL. AMOUNT ~ 1 .,,; ~ _ ~ ` ~ r ; ~.`. I.J.! ~-±] lt1 1-rn =.~ r r, Z O. - TANK TAX ~- F2L LOCAT/OIV OL .ZONE ~ ~.._ ~K~. ,,;;* _. ~_ 4:r :,..~ C ~CC': '7C r~ ,7C ~._ F '. 4.. O ~ 5..~ td_7 t: i1' _i V. ST Z - ~ ,:r ACCT ST PROD PZ W .'~_ .,D ~ ~. _, ~+ _ :c: ~ WNT ~i (1 . (,j f~)(_i (_ TRUCK DR/VER ~... r 2 3 ~• Y-t ~ ~ C4 41.1 , t_;~ ~ r : ~i F . TOT ~ ' ~ _ i °-:, : t . LE! tM It`JC ~. ,, ,, ._ ~ -~ ~-, , .. '` ' _.. ; ~~- r'IE~:Htil`'dIir;~~E.. twClt~lT. '~ a :,. _.., _: -».» .. ~' Lra - , _:._t°tME,, .E. ~trENUE i) pA`~;, ~=1ND D~IaUC1 t• ' ~. , ~ 4 , , ,,. 1 til;.L. I';i._tW , f= i-i +» {~ I:Et~l1` , >1_;Ht_LGP~ Z _} °' r "; `~< , BILL TO --- IN TANK AFTER PAYMENT RECEIVEp Q rt~~ ~~±r_Ir~ ~__ W ,¢ CUSTOMER SIGNATURE FY ~) ~ ,~~ I.'r~k-'i_. j'~t_F= E'>~ t ",'f t 1 W ~f/~r~J' -„',_-- r~- _7 r x i ~ r i // I ~ ~ . pt ~ N~ 6 s ~n - ~vBd Jri~3rk?Q Naatl(}u %%?I1: bb! i-~q hf]tiMdV. t3:_'A~~~1'aE ?f dldTt~?oo ~ ~ i~~ . , .. LISTING ,CONTRACT - EXCLUSIVE RIGHT TO SELL REAL ESTATE , ~ ~ ~ ~' j"~ ~ ~ ~ ~ ~ ~ XLS This form recommended and approved for, but~n~l rtstitjQyad tp,uva by; the members of the Pennsylvania Association of REALTORS® (PAR). i ~ BROIf1~11l1t'C6tnpany) ~j--~~(~.1 _ I ` r ~ ^; ~ LICENSEE(S) s ~ , , ~ ~~ , a 3 SELLER . -- t _ t a DAB 9elller'I1ahb~'a' Listing Contract with another Broker?\^ Yes No ~ ~ 5 If yes, explain: ~, - ..: ~ t ~ ~ ; , , , , , ~ . . s 7 1. PROE)uRT,Y i, s Address ~-i ;`., i )~~ >, ~;, ~ ;, '*~, fi ,, ~ '~ ~ ~ ,~ r' ~ - ~ ',! i ?CISTED PRIC_ E. $ ~ .~ ~U ~ v'~ V Municipalit~(ctty, borough, township) ~` i0 ty . ti - ~l c~ - l f D $'~ . ~~ Zoning `,`_ - ~~ School Dtstnct _ ~-~ !~-> i2 ~ Present Use Identification (Tax ID #; Parcek ~d; Lot, Block; Deed Boot; Rage, Recording Date) 13 ,;y i is 2, STARTING & ENDING DATES OF LISTING CONTRACT (ALSO CALLED "TERM")~ y t5 A. No Association of REALTORS® has set or recommended the term of this contract. By law, the length or term of a listin con- s tract may not exceed one year. Broker and Seller have discussed and agreed upon the len h or. to g ~~ B. Starting Date: This Contract starts when si e by Broker and Seller, unless otherwise stated herein of thi~s~Contract. 18 C. Ending Date: This Contract ends on '' ~ -.~d~l a~ '~-~ t 1. is 3. DUAL AGENCY 20 Seller agrees that Broker may also represent the buyer(s) of the Property. The Broker is a DUAL AGENT when representing both zt Seller and the buyer in the sale of a property. 22 q, DESIGNATED AGENCY 23 ~. Not Applicable. 2a p Applicable. Broker ma desi 25 y grate licensees to represent the separate interests of Seller and the buyer. Licensee (identified above) is the Designated Agent, who will act exclusively as the Seller Agent. If Property is introduced.to the buyer by a licensee zs in the Company who is not representing the buyer, then that licensee is authorized to work on behalf of Seller. If Licensee is also 27 the Buyer's Agent, then Licensee is a DUAL AGENT. zs g, BROKER'S FEE 2s No Association of REALTORS® has set or recommended the Broker's Fee. Broker and Seller have negotiated the fee that Seller will 3o pay Broker. Broker's Fee is % of the sales price AND $ 31 6. COOPERATION WITH OT ER BROKERS ,paid by Seller. 32 Licensee has explained Broker's coin an 33 from Broker's Fee a fee to another b oker who p occues the buyern~ a t ember, of a MultBiple List ng Slervicer(MLSt Band ~, will pay as A, {~ represents Seller (SUBAGENT). Broker will pay , ~ ,,u ), ho. 35~ B, [~ represents the buyer (BUYER'S AGENT). Broker will pay ~ of/from the sale price. 3s A Buyer's Agent, even if compensated by Broker for Seller, will represent the interests of the buye °m the sale price. 37 C. 19 does not represent either Seller or a buyer (TRANSACTION LICENSEE). 38 Broker-will pay -- - 39 '~: PAYMENT OF BROKER'S FEE , of/from the sale price. 40 A. Seller will pay Broker's Fee if Pro er at Contract by Broker, Broker's salespersons~Seller, or by any other personto~r,broker~at the listed p rce o ganhe tci e a f this 42 able to Seller. a3 Y P ccept- B. Seller will pay Broker's Fee if a ready, willing, and able buyer is found by Broker or by anyone, including Seller. A willing buyer as is one who will pay the listed price or more for the Pro e as C. Seller will pay Broker's Fee if negotiations that are pending at the Ending Date of thisdContract resup in a sale.ller. as D. Seller will pay Broker's Fee for a sale that occurs after the Ending Date of this Contract IF: a~ (1) The sale occurs within - ~ `' ~ ` ~~ "`' ~ '' of the Ending Date, AND ae (2) The buyer was~s~own or negottated to buy the Property during the term of this contract, AND (3) The Property is nbt listed under an "exclusive right to sell eontragt" with another broker at the time of the sale. so E. If a buyer signs an agreement of sale then refuses to'`bu the Pro e 1 52 ~ _ 51 ing to do all the things required of the buyer in the agreementf o b sate t(btiyeFedefault)heSellere wile payeBroker s3 ~ ~ ~ ~~ of/from buyer's deposit monies, OR the Broker's Fee irr Paragraph 5, whichever is less. F. If the Property or any part of it is taken by any government for public use O;minent Domain), Seller will a Broker's ~ any money paid by the government. ~• P Y Fee from ss G. If a sale occurs, Broker's Fee will be paid upon delivery o`f the deed or other evidence of tr 's is transferred by an installment contract, Broker's Fee will be paid upon the, execution of Property tr XLS Page 1 of 4 j ~ Pennsylvania Association of REALTORS` coPVRtceT e~tvY oRS® z007 6/07 A.Y~' CHANGES TO THIS PAGE MUST BE MADE AND INITIALED ON EACH COPY s7 g• DUTIES OF BROKER AND SELLER ss A. Broker is acting as a Seller's Agent; as described in the Consumer Notice, to market the Prope an ss tial buyers.. Broker will use reasonable efforts to find a buyer for the Property, so B. Seller will cooperate with Broker and assist in the sale of the Prope as as ~ d to negotiate with poten- j st C. All showings, negotiations and discussion§' about the'sale of the Pro ~ ked by Broker. sz or oral inquiries. that Seller receives or learns about re ardin the Pro e , perty will be done by Broker on Seller's behalf. Alt written t sa D. If the Pro e g g p rty, regardless of the source, will be refierred to Broker. ~ P rh{, or any part of it, is rented, Seller will give any teases to Broker before signing this Contract. If any leases are oral, Seller wilt provide a written summary of the terms, including amount of rent, ending date, and Tenant's '' ' ' • • • i ss E. Seller will not enter into or renew any leases during the term of this Contract without first ivin no ' ~ 9• BROKER'S SERVICE T4 BUYER responstbtlrttes. s7 Broker ma g g ttce to Broker. ~ ~ y provide services to a buyer for which Broker may accept a fee. Such services may include; but are not limite deed/document preparation; ordering certifications required for closing; financial services; title transfer and re ss ordering insurance, construction, repair, or inspection services. Broker will disclose to Seller if an fees d to: ~ 7° 10. BROKER NOT RESPONSIBLE FOR DAMAGES P pat'ation services; 7t Y are to bepaid by Buyer. $enIer agrees that Broker and Broker's salespersons"are not responsible for any damag2 to the Pro e 7r sonal goods from the Pro e 73 11, DI~PgSI1` MOlVEy P rty unless such damage, loss or`theft is directly caused by Broker or B oker's salespersons eft of per- j 75 ~ 7a A, ' >~roker, `or any person Seiler add the buyer name in the agreement of sate will ~ in an escrow account until the' salts ~s completed or ilre agreement of sale~is terminated. If held by Broker this " ~ 7s will beheld as required by real estate licensing laws and regulations. Seller a keep all deposit monies paid'by or for the buyer n may wait to deposit any uncashed check that is received as deposit money until Seller escrow account 7s grees that the person keeping the deposit monies 7s has accepted an offer. B. If Seller joins Broker or Licensee in a lawsuit for the return of deposit monies, Seller will pay Broker's an neys' fees and costs. 80 12. OTHER PROPERTIES d Licensee's attor- et Seller agrees that Broker may list other properties for sale and that Broker may show of L as 13. CONFLICT OF INTI;~ST ' es A conflict of interest is when Broker or Licensee has a financial or erso her properties to prospecfive buyers. p nal interest where Broker or Licensee cannot put Seller's ~ interests before any other. [f Broker, Licensee, or any of Broker's salespeople has a conflict of inter as a timely manner. ~ ~ 14. PiTI3LICq'I`ION OF SALE 1SItICE est, Broker will notify Seller in e7 Seller is aware that the Multiple Listing Service (MLS), newspapers, and other me ' ~ Property after settlement. se I5. SELLER WILL REVEAL DEFECTS & ENVIRONMENTAL HAZARDS dia may publish the final sale price of the so A, Seller (including Sellers exempt from the Real Estate Seller Disclosure L si environmental hazards on a separate disclosure statement. A material defect ' ~ (1) is a possible danger to those livin on the Pro e aw) `Fill disclose all known material defects and/or ss ~s a problem or condition that: (2) has a significant, adverse effect on the value of the Property. sa The fact that a structural element, system'or subsystem is near, at or beyond the end of the n ss tural element, system or subsystem is not by itself a material defect. ss B. If Seller, tails to disclose known material detects and/or environmental hazards: ormal useful life of such a struc- s7 (1) Seller will not hold Broker or Licensee responsible in any way; ss sa (2) Seller will protect Broker and Licensee from any claims, lawsuits, and actions that res ult; ; ~~ (3) Seller will pay all of Broker's and Licensee's costs that result. This includes attorneys' fees and court- ' or settlements (money Broker or Licensee pays to end a lawsuit or claim). ~ 101 16. IF PROPERTY WqS BUIL'C BEFORE 1978 ordered payments X02 The Residential Lead-Based Paint Hazard Reduction Act says that any seller of Prope built 6 , 103 EPA pamphlet titled Protect Your Fumily Front Lend in Your Home. The seller also must tell the i Boa er knows about lead-based paint and lead-based paint hazards that are in or on the row efore 1978 must give the buyer an cos how the seller knows that [ead-based paint and lead-based paint hazards are on the roe buyer and the broker what the sell- 106 based paint hazards are, .the condition of the painted surfaces, and any other informati ne~ being sold. Seller must tell the buyer ! ao7 P p rty, where the lead-based paint and lead- lead-based paint hazards on the roe eller knows about lead-based paint and roe g P p rty. Any seller of a pre- [ 978 structure must also give the buyer any records and reports that ` the seller has or can et about lead-based paint or lead-based paint hazards in or around the Prope bet 109 or other dwellings in multi-family housing, according to the Act, a seller must give a buyer 10 da '10 agree to a different period of time) from the time an agreement of sale is signed to ha ~ ng sold, the common areas, ' ~~ Bible lead-based paint hazards done on the property. Buyers may choose not to have the ris ys (unless seller and the buyer "- hazards done. if the huger chooses not to have the assessment or inspection, the buvera "nsk assessment" or inspection forpos- kassessment or inspection for lead paint 13 choice. The Act does not require the seller to inspect f"or lead paint hazards or to correct lead paint hazar ,;a y must inform the seller in writing of the does not apply to housin~~ built in 1978 or later ds on the property. The Act YLS Page 2 of 4 ANY CHANGES TO THIS PAGE Ai;iISTBE MADE AND INITIALED. ON EACH COPY its 17. RECOVERY FUND - 116 Pennsylvania has a Real Estate Recovery,Fund (thy Fund) tore a an tt74 judgment p.Y Y per~gn wha',has,receilredafinal co against a Pennsylvania real estate licensee because of fraud,, misrepresentation, or deceit in a real estalei transac 1 tia tion. The Fund re a 119 P Ys persons who have not been,able to colleet~ttte judgment, af}er trXmg all lawful ways to do so:; For com- plete,details,.about the Fund, call (717) 783-365$, or (80'4~,$2~-2113 (within Pennsylvania) a>~d`(717): 7$3-4854 outsi 1zo Penns yl~yania). ~~ ' ( de 12i 1$. NOTICE, TO P~RSOIvS OFFER,[1VG TO SELL OR RE,~VT I~O1S~NG'I1V PENNSYLVANIA`' tz2 Federal and state laws make it illegal for a;sGll~rt a broker,, o; anyone to~use~ RACE t29 CREED; SEX, DISABILITY , CO");OR, RELIGION or RELIGIOUS years of age), AGL (4d or older), tza NATIONAL ORIGIN, USE OR HAcNIILING/'I'1RAINING OF SUP ORTcO1RGUIDEANIM " ' tzs TIONSHIP OR ASSOCIATION TO AN INDIVIDUAL KNOWN TO HAVE A "DISABILITY as reasons forArefu OF RELA- tzs show, or rent properties, loan money, or set deposit amounts, or as reasons for any decision relatin to tz~ 19. ADDITIONAL OFFERS 8 to sell, iz6 P Y _ $ >`he sale of property. .. Unless rohibited b Seller, if Broliier'is asked by y " "'-° tz9 Property, Broker will reveal the existence of other{offerseandrwhe~ther~th~~ wererobtainted by the L'censeet ae offers on the t3o Contract, by another Licensee working with: Broker, or by a cooperating Broker.' '`ONCE SELLER ENTERS.INTO AN 131 AGREEMENT OF SALE, BROKER IS NOT REQUIRED TO PRESENT OTHER OFFERS, ntlfiedin this 19z 20. TRANSFER OF THIS CONTRACT 133 A. Broker will notify Seller immediately in writing if Broker transfers this Contract to another broker when: 13a (1) Broker stops doing business, OR 135 (2) Broker forms a new real estate business, OR " t36 (3) Brokdr j6ins his business with another. 137 Seller agrees that Broker may transfer this Contract to another broker. Broker will notify Seiler immediately in writin 196 when a transfer occurs or Broker wily-lose the right to transfer this Contract. Seller will follow all requirements of this 139 Contract with the new broker. g tao B. Should Seller give or transfer the Pro ` tai owners will follow the requirements ofthis Contractnership interesbin it, to anyone during the term of this Contract, all . ` tae 21 NO OTHER CONTRACTS. 1a9 Seller will not enter into another listing contradt with another broker that begins before the Endin' taa 22• ENTIRE CONTRACT ~~ ~~ ' ~; ~.~ ,, tas This CotitraGt is'the entire agreement between Brdker and Selieh An v !I Dlitee of tills Contract 1a6 are not a part of this Contract. Y erbat or written a~eenientss that were made before tai 23• CHANGES TO THIS CONTRACT " 148 All changes to this Contract must be in writing and signed by Broker and Seller. 149 24. SPECIAL INSTRUCTIONS tso The Office of the Attorney General has not re-a ' 151 special conditions or additional terms in phis Contractamust comply with the Penns Ivania pladded b an 1s2 Contract Act. Y y parties. Any 163 23: COPYRIGHT ~ Y am Language Consumer 154 In consideration of Broker's efforts to market Seller's Pro e ~ 1ss slue, world-wide license (the "License") to use an P m' as stated in this Contract, Seller grants Broker anon-exclu- 156 the Property and"~covided"1~}%Sell~i• to Broker`ot B olrer salreptese ~tgVitable materials (thee"Materials") which are related to tsr to; photographs, images,. video recordings, virtual tours, draw' ~) "I'Iie Materials may i'tYclude;'but are not limited tsa related to Seller's Pro a wigs, written descriptions, remarks, and pricing information tss P 1Th'~ This License permits Broker to submit the Materials to one or more multiple listing services, to 1so P p rty include the Materials in compilations of roe listings; and to otherwise distribute, publicly display, reproduce, ` ublish ' produce derivative works from the Materials for any purpose that. does not conflict with the ex ress t tez P ermy of this Contrast. 161 The License may not be revoked by Seller and shall survive the ending of this Contract. Seller also grants Broker the and to sublicense to .others any' of these rights granted to )3roker ey' Seiler. Seller represents and warrants to Broker that `the 163 License , nght granted to Bicker for the Materials does not violate or infringe,: uponthe rights,,includin an 16r son or entity. Seller understands that`the terms of the License do not tss may produce using the Materials, - , _ g y ~~~~• of any per_ grant Seller any legal right to any works that Broker XLS Page 3 of 4 ,ss 26. MARKS ~VG OF PROPERTY s1~•:„ 1s7 A. Where permitted., Broker, at Broker's option, ma • • ~ ~: ~ ~ 3 ~ ~ ` ~ ° 1sa ^ 1'ri~1t /e}ectronic advertising, iticIuding photo Y b~~1.~ "~7' For sale si n 1ss ' ° ' "' ~ ~ + ; , F , , , , ~ g [7 Sold sign ^ Key in office ^ Lock box B. Broker (~ w11U^ will not use a I~Phs ~ Property address "in lind(I~I~~tronic adv 1s1 170 Seller agrees that Broker, LicenseeM'~¢ ple Lis ~g SC>~ (MLS) to advertise the Pro " " 1'g~ ! perry to other real estate tbro~ers and sales 171 27. ITEMS INCLUDED/NOT INCLUDEIy ~ 1tr111. the ~r' , ~?' i•f~f6tlslble for mistakes in the MLS and/or advertising of the Propertyons. 172 A. INCLUDED in the sale are alb exist' em~ a RICE OF THE PROPERTY 173 lighting fixtures (including chandglterm~s aid ~eil•~~anently installed in the Pro 17s ands ~{ans~itters; television antenna's, un otted s g; heating; , 174 g ~), lruater treatment systemse pool and spa equipment; garagebdoor openers • on the• Pra P hrulibery, plantings, and trees;'any remainin heatin ~~ ~•.,' ~ • ,PertY, ~t the time of settlement; sum ti •. screens, stprnt' w doves and screen storm doors ~ pimps' storage sheds; mailboxes; wall to wall ~~~ "and cooking fuels stored 177 , wihdbva'covering hardware, shades and blinds; built in a rg onditioners;Ibu ltV in appl}ancesi and the range%ven, unless otherwise stated. Also included: 178 17s B. LEASED items (not owned by seller): • .: „; ; , , , ` 180 ~... 1a1 C. EXCLUDED fixtures and items: 182 , 183 TITLE' ~ POSSESSION ADDITIONAL INFORMATION (OPTIONAL) 184 A. Seller will give possession of Pro 1P" ' ~• f At s4''~t2ement, Seller will give full n~gllts of ownersh p (fee sim le to 1ss (I) `1~in6ral`RightsAgreements 187 P ) a buyer except as follows• 2 ~/ 188 X189 190 191 1 sz 193 isa iss 1ss 1s7 ise 9s ~~ X01 02 03 04 os OOther: C. Seller has: - ' ^ Mort gage with: ` ~ ' ` rte' Address: - t_L '~ ~`~ ~~ ~ r~'< ~ C `.~~!~ ~, / ~ ~. r ~ t,'1, r., , ~ ,; <, ' -~ ;~ ~- Amount of balance $ ~ ~ ^ Equity Loan with: ~ ' ~ " -~• ' ~ Phone: ;~~ 7 , ~ J ` ~ ~" Address: -=.~~ct # -: ~., ~ . ,~ •, ~ ~, ,~; _ t Seller authorizes Broker to receive mort a e a off and/or `mount of balance $ Phone: Acct. #: D. Seller has: ^ Judgments g g P Y equity loan payoff information from lender(s). ^ Municipal Assessment ^ Past Due Taxes ^ Other: $ $ E. If Seller, at any time o- nor Since January 1, 1998, has been obligated to pay sup ort and county, list tYe county and the Domestic Relations Number or Docket NumbeP er an order on record in an P TAXES, UTILITIES, & ASSOCIATION FEES Y ennsybania A. At settlement, Seller will pay one-halfof the total Real Estate Transfer Taxes, unless otherwis B• Real Estate Pro e e stated here. i P rty Talc Assessment $ ~ !,_ -~ -~ ~ r~-~ ------------ Wage/Income Tax $ Yearly Taxes $ C. Estimated Utilities (trash, water, Sewer, electric, gas, oil, etc.): per Capita Tax $ D• Association Fees $ BUYER FINANCING Seller will accept the following arrangements for buyer to a ~ Cash `F7 Conventional mortgage P Y for the Pro e ^ Seller's help to buyer (1f any); ^ FHA mortgage P ~~ ~ Seller has read the Consumer Notice as adopted by the State Real E ^ VA mortgage state Commission at 49 Pa. Code §35.336. o Seller gives permission for Broker to send information about this transaction to t 1 Seller has read the entire Contract before si he tax number(s) and/or e-mail address(es) listed below. going. All Sellers must sign this Contract. Return by facsimile (FAX) constitutes acceptance of this Contract. NOTICE BEFORE SIGNING: IF SELLER SELLER'S ~ MAII•IlVG ADDRESS; ~e~ +-*~ g•~v - 013 -~---~-1~-~ . SELLER SELLER BROKER (Company Name) ACCEPTED BY , f~' ,, . ' f l ~. - ti QUESTIONS, SELLER IS ~JI;VISED O C1ON1 /i V ~ .a.1^J { FLT L~ ~. t l~ ~ -? O't E-±M~AIL~ +~1 DATE / ~ '? li ~ DATF~ ~ rt" AN ATTORNEY. XI.C PpOP d of d DATE