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HomeMy WebLinkAbout12-5063 i r- Chad J. Julius .4 a r ;~'i'i~ i a'~Uc~Jl,`~;~:~` Jacobson, Julius & McPartland Supreme Court LD. No. 209496 " , ~ ~ i~.`-"; 8150 Derry Street, Ste. A Harrisburg, PA 17111 ('F':_' ~ ~ f' ~ ~ ~ ~ C ~ ~ ' ~ ~ ~ 717.909.5858 F E i~r'~' Sl''L'~AF+I A FAX: 717.909.7788 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNAYLVANIA TIMOTHY D. STOUFFER PLAINTIFF, ~ ~ ~ . Jt' No: vs. KARA T. STOUFFER a/k/a KARA CIVIL ACTION -LAW TALIANI DEFENDANT, NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and f ling in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be enter d against you by the Court without further notice for any money claimed in the Complaint or for any other claim of relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 aM~ +~1~3. Si'~ ° ~a~ 1 C~" #a~ ~ 3s i i r i I I AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de as demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro e los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radican o personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte or escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso pue e proceder sin usted y un fallo por cualquier soma de dinero reclamada en la demanda o cualqu er otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derec s importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERC DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO ES POSIBLE QUE ESTA OFICINA LE PUEDE PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES S1N CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 2 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNAYLVANIA TIMOTHY D. STOUFFER PLAINTIFF, No: vs. KARA T. STOUFFER a/k/a KARA CIVIL ACTION -LAW TALIANI DEFENDANT, COMPLAINT IN PARTITION AND NOW, comes Timothy D. Stouffer, ("Plaintiff"), by and through his attorneys, th Jacobson, Julius & McPartland, and respectfully presents the following facts in support of his Complaint in Partition against Defendant, Kara T. Stouffer a/k/a Kara Taliani, and states as follows: PARTIES 1. Plaintiff is Timothy D. Stouffer, who is an adult individual with a principal address of 840 Yverdon Drive, Camp Hill, Pennsylvania 17011. 2. Defendant is Kara T. Stouffer a/k/a Kara Taliani, is an adult individual with a residence at 322 N. Front Street. APT 4, Wormleysburg, Pennsylvania 17043. FACTS 3. Plaintiff and the Defendant are the owners of real property located at 840 Yverdon Drive, Camp Hill, Pennsylvania 17011. The Deed to said property is attached hereto and made part hereof as "Exhibit A". 4. The property was acquired on September 25, 2007 and title was therein taken in by Plaintiff and the Defendant as tenants by the entireties as the parties were married at the tim of the purchase. 3 i 5. The parties have since divorced where by operation of law the parties now own the property as tenants in common. 6. There is presently a mortgage and note recorded against said property in favor o PNC Mortgage, A division of PNC Bank, as assignee for National City Mortgage, and is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania instrument number 200902382. 7. The present balance on the said mortgage is approximately $169,882.40. See t e attached true and correct copy of a Payoff Statement received from PNC Bank attached hereto and made part hereof as "Exhibit B". 8. Plaintiff obtained a market analysis from one John H. Walak of Century 21 Wal Associates. The property is value is approximately $175,000.00. A true and correct copy oft e Market Analysis is attached hereto and made part hereof as "Exhibit C." 9. Defendant moved from the property in late August or early September, 2010. Nevertheless, Plaintiff has paid all expenses and repairs for the property since its purchase without a contribution from the Defendant. 10. Defendant has refused and is unwilling to pay any amount for the cost and upke p for the property. 11. Plaintiff desires to sell said property and has requested Defendant to list the property with a real estate agent for sale, but the Defendant refuses. 12. Plaintiff requests this Court to Order partition of said property and the sale of sa d property. 4 13. As a sale for more than the balance due on the mortgage note is unlikely, Plainti~ further requests this Court to Order that any deficiency that is due and owing on the property b split among the parties equally. 14. Plaintiff further requests that attorney fees and costs be awarded against the Defendant as Plaintiff believes that Defendant's unwillingness to sign a quit claim deed or list the property for sale is unreasonable and inappropriate and only designed to force the Plaintiff o incur costs and fees. 15. Plaintiff further requests a preliminary conference with the Court, pursuant to Pa.R.C.P. 1558 in regard to this Complaint. WHEREFORE, Plaintiff asks this Court to enter an Order of Partition of said property, attorneys fees and costs, and hold a preliminary conference under the provisions of the Pennsylvania Rules of Civil Procedure, and for any other relief this honorable court deems justified and appropriate. Respectfully submitted, JACOBSON, JULIUS & CPARTLAND Date: August 8, 2012 By: Chad J. Jul us, . ID 209496 8150 Derry et, Ste. A Harrisburg, PA 17111 717.909.5858 717.909.7788 [fax] Counsel for Plaintiffs 5 i Exhibit A I, 'I i _ ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY - I COURTHOUSE SQUARE CARLISLE, PA 17013 717-240.6370 ~ ~ . laatrament Number - 200738546 Recorded Oa 10/S/2007 At 10:43:27 AM * Total Pages - 5 * lnatrnmeat Type -DEED Invoice Number - 6114 User ID - KW * Grantor • LAUKEMANN, CHRISTOPHER E * Grantee -STOUFFER, TIMOTHY D * Customer -SELECT PLATINUM * FEE3 STATE TRANSFER TA7C $1,790.00 Certification Page 3TAT8 WRIT TA8 $0.50 STATE Jcs/ACCESS To $10.0o DO NOT DETACH JUSTICE RECORDING FEES - $11.50 RECORDER of aaEDS This page is now part AFFORDABLE HOUSING S11 . so of this legal document. COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 WEST SHORE SCHOOL $895.00 DISTRICT WORIYII.SYSBURG BOROUGH $895.00 TOTAL PAID $3,618.50 I Certify this to be recorded in Cumberland County PA RECORDER O D EDS " -lnformaHon denoted by an aateriak may change during the verification process and may aot be retleMed on Chia page. ii IIO1106NEYY ~IIIIIII~~III~I~ _ _ i ^ ~ ~ ;1y j ~ ~ 1/ c1 t Prepared by & Return To: Marra A. Zatliro Select Platinum Settlement Service, LLP 3912 Market Street Camp Hill, PA 17011 UPl Na.: 47.1g-1302-089 840 Yva'don Drive Csmp Hill, PA 1701! SPACI A110Vg 7'NIS I.1NR IS POR RRCORI>$R'S US6 Ftle No.: 00071561 FEE SIMPLE DEED Thi~~ Indenture M~ale~dayofSeptember,2007. Betrtaoen Christopher E. Lwkemann, a single man (hereinafter called the Gramor), of the one part, And Timothy D. StouRa• ~d Kara Taliaoi 3toeRer, hnsband and wife (hereinafter called Grantee(s)), of the other part, Widras~t, That the said Grantor for and in consideration of the sum of Oee Hnedred Seventy-Nice Tbonsaed Aad 00/100 DOLLARS (SI79,000.00) lawful money of the United States of America, unto said Grantor wet I snd truly paid by said Grantee(s), at or beforo the sealing and delivery, hereof, the receipt whereof is hereby acknowledged, has granted, btugauted and sold, released and confirmed, and by these presents does grant, bargain and sell, release and confirm unto the said Grantees, their heirs and suigns, ALL THAT CERTAIN trail of laud slhate in Wormleysburg Borough, Cumberland County, Penesylvania more particularly bounded and described as follows, to wit: BEGllVNQYG at s point on the weaterty line of Yverdoa Drive, which points nee huedted ten (110) feet North of the oorlbwataiy cotser of Old Orchard Lace and Yverdoe Drive asd st dividag Ibe of Lob Na. 3 and 4, Sectior C a• the bereioaher mentianal Pbm of Lob= !hence abeg Ibe westerly line of Yverdon Drive Soetb twenty-seven (27) degrees seven (0'n miaeta East one headred (100) feet to a point; thence in an arc havbtg a ndbu of tat (10) feet to fhe right in a sonMwestetly dlrectioe fifteen and seventy-one bundrodtbs (15.71) feet to a point a the norMerly Ire of Old Orchard Lave, sforeseid; tbeece along same Soatlt sizty-two (62) degree filly-tbra (53) minutes Wat nicety (90) fat to a point; thence lnrt6er Barg same in an src 6avitg s rttdies of two hnndrtd iHty-si: snd twatly huodredtM (256.20) fat ie a aat/hwateAy dircetioe to Ibe right twenty and ore bradredtb (20.01) fat to a pobtr there North twenty- sevee (27) degrees seven (0'1) misuta Wet one bnwdred nve aril Menty-three bnwdredths (109.23) feet to a point at dividiwg Ibte betweee Lob Nos, 3 snd 4, Satiott C, sforessW; Ibeaoe slang said dlvidiwg Ifoe Narth sf:ty-two (62) degrees filly-three (53) minutes West one hundred Mmry (120) feet to a point, the place of BEGINNING. BEING Lot No. 3, Section C in Plan of Riverview, recorded in t'lan Book 10, Page 26. i BEING THE SAME PREMISES ~rhieh Theodore E. Laukemaan, Jr. and Yvoaae l.aakemaao, huabaad aad wdfe, by Deed bearias date Ibe 7th of December, 1992, and recorded a• the 101h dq of December, 1992, is the Oflfee of the Recorder of Deeda in aad for Cumberland County. Peanglvania. is Record Book A3ti, Pate 670, Emoted and toaveyed unto Christopher E. Laukemaaa, aiagle man. UNDER AND SUBJECT' TO coaditbna and reatrieliona w~h~h sow appear of record. PARCEL #47-18-1302-~9 • I Together with all and singular the improvements, ways, streets, alleys, passages, waters, water-courses, rights, liberties, privileges, heraditaments and appurtenances, whatsoever unto the hereby g®nted premises belonging, or in arty wise appertairtirtg, and the mvorsion and remainders, rents, issues and profits thereof and all the estate, right, title, irttereat, property, claim and demand whatsoever of the said grantor, in few as in equity, of, in, and to the same. Tu hsye Ord hold the said lot or piece of ground described with the buildings and improvements thereon erected with and the hereditarttatts and premieres hereby granted, or mentioned and intended so to be, with the appurtenants, unto the said Grartteea, their heirs and assign, to and for the only proper use and behoof of the said Grantees, their heir and assigns,forever. AnJ the said Grauttor, their heirs, executors and administnton do covenant, promise and agree, to and with the Grantx, heirs andassigns, by these presents, that the said Grsrnor and heirs, and singular the hereditaments and premises hereby grarned or mentioned and irnended so to be, with the appurtemnts, urno the said Grantees, their heirs and assigns, against the said Grantor(s) and its and heirs and against ell and every persons whomsoever lawfully claiming or to claim the same or arty part hereof; by, from or under them or any of them, shall and will WARRANT and forayer DEFEND. !rr Wibress Whereojthe said Grantor has caused these presems to be duly executed the day and year first above written. ~ L V~L~L~ ~LQ SS Ch er 1:. aukemann ~v- - WITNESS T OF ~`~f r d <<. COUNTY OF ~ On this, thq~ day of September, 2007, before me, a Notary Public, in and for the County and State aforatiaid, the undersigned Officer, personally appeared Christopher E. Lankanaan krrown to me (or satisfactorily proven) to be the person(s) whose name(s) is (are) subscribed to tlw within instrument, and acknowledged that he/shelthey executed the same for the purposes therein contained. I hereunto set hand and official seal. - Notary Public _ - - My a~mmission expires: I~NM~OUANE tlYOQIMi~IONf OD 62YBd2 ElT1~ J11111, 8D10 nsrrrlarrMnpnarrtr~wrn i ` ~ ntxD oo9~rs6r cbr/sraplrn E taukemann TU TYmorhy n. Sto~Q'er aaA xsra TsAtan! Saiw,o4r PREMISES: 81B YverAon Drive (:amp HAI, PA ! 1911 / cert~y tlsat tlYe ad/ras of tlse olxm Grantees is: kIB Yvtrdar ni..e (:amp H/ll, PA 1791 / On of ntees . RECYIRn.!IVnRETURlV nr. Select WaNnrm Settlement Services, r.1.P 39/1 Merkel Street, Camp Hill, PA l79/ 1 i ,III i Exhibit B II III ~I II PNC MORTGAGE, A DIVISION OF PNC BANK, NATIONAL ASSOCIATION (PNC MORTGAGE) PAYOFF STATEMENT June 22, 2012 Loan No: 0006133936 Loan Type: VA Timothy D Stouffer Property Address: 890 Yverdon Dr T0: Camp Hill PA 17011 Same (717)395-7410 Timothy D Stouffer 840 Yverdon Dr Camp Hill, PA 17011 PLEASE READ THOROUGHLY. **PNC MORTGAGE WILL PAY ALL ESCROWED TAX AND INSURANCE PAYMENTS UNTIL RECEIPT OF PAYOFF FUNDS.** These figures are good to July 20, 2012 This loan is due for the July O1, 2012 payment. The current total unpaid Principal Balance is: $ 168,689.97 Interest at 5.00000$ 1,141.93 Recordation Fee 50.50 Record/Reconveyance .00 Outstanding Corporate Advances .00 * * * TOTAL AMOUNT TO PAY LOAN IN FULL * * * * * * $ 169,882.40 Priority Service Fee .00 TOTAL REMITTANCE DUE $ 169,882.40 Funds received after July 20, 2012 will require interest of $ 23.11 per Day. PNC Mortgage requires all remittances by Cashier's Check, Certified Funds or Wire Transfer (U.S.). * Payoff checks and wires received by 3:00 p.m. Eastern Time, Monday * through Friday, will be processed the same day. Payoff checks must * be mailed to: Attn: B6-YM14-O1-5/Payoff Dept., 3232 Newmark Dr., * Miamisburg, Ohio 45342. PNC Mortgage will not be responsible for * additional interest that may accrue as a result of payoff funds * being mailed to other departments or processed by PNC Bank branches.. If you received assistance through the Fannie Mae HomeSaver Advance workout option, please contact Dyck-O'Neal, Inc. at Attn: HAS Coordinator, 15301 Spectrum Dr, Addison, TX 75001, for information regarding the balance due on your HomeSaver Advance loan. Payoff and satisfaction of the PNC Mortgage lien does not satisfy amounts due under the HomeSaver Advance loan. Issuance of this statement does not suspend the contractual requirement to make mortgage payments when due. The payoff figures will change as additional payments are received or reversed on the account. Until this loan is fully satisfied, the monthly payments should be made in the normal manner. Failure to do so could result in additional charges not included in this payoff statement, as well as the satisfaction instrument not being filed. If payoff funds received are inadequate and sufficient funds are not in the loan's escrow/impound account, PNC Mortgage will contact the sender of the funds to collect the shortage. Any overage of funds including escrow will be mailed to the mortgagor within thirty (30) days after the payoff date. If the monthly payment is made by Electronic Funds Transfer, the Payment Services Department must be notified in writing eight (8) days prior to payoff. Any payments drafted at the time of payoff will be held for ten (10) business days after the payoff date. Written updates are available by calling 1-877-729-6337. PNC Mortgage will be responsible for the release of lien. If this statement was ordered by a closing agent, you are required to provide a copy to the mortgagor prior to closing. Please provide a forwarding address and return this statement with your check. PAYOFF DEPARTMENT XP301 131/LWD IMPORTANT: DISCHARGE AND/OR RELEASE INFORMATION i, PNC Mortgage No. 0006133936 II IF THIS PAYOFF STATEMENT WAS REQUESTED BY A CLOSING AGENT, please help expedite the discharge/release of the lien on this property. We ask that you complete the form below. List the recording information from this loan's original Mortgage or Deed of Trust. Please return the completed form with your payoff check. Mortgagor's Name Mortgagee's Name Trustee Date of Mortgage Recording Date County State Book/Reel Page/Image Doc/Instr. No. Legal description if applicable: * PNC MORTGAGE WIRE TRANSFER INSTRUCTIONS 1. Wiring the funds: Funds must be wired using the following information: PNC Bank ABA: 091000129 PNC Mortgage Wire Deposit/Account Number: 4600134093 Beneficiary: PNC Mortgage Payoff Department Reference Information: PNC Mortgage Loan No., Borrower's Complete Name and Property Address, Sender of the Wire, Sender Contact Name and Contact Phone Number. Failure to include the above information on the wire advice may cause a delay in posting the payoff. The PNC Mortgage Payoff Department will not be responsible for any additional interest or fees that may be assessed as a result of incomplete or incorrect wire information. The beneficiary must be listed as "PNC Mortgage Payoff Department". PNC Mortgage will not be responsible for wires sent or directed to another department. 2. Multiple funds on one wire: The PNC Mortgage Payoff Department will accept funds for one account per wire transaction. The company wiring the funds may not include multiple payoff funds in one wire. If this occurs, there will be a delay in posting the payoff funds. 3. Unidentifiable Transactions: Wire transactions that are received and cannot be identified will be returned to the ABA and account number from which they were received within 2 business days after receipt. 4. Delays in processing wire transfers: PNC Mortgage Payoff Department will not be accountable for any delay in posting which is a result of not following the procedures outlined herein. If a wired payoff is not sufficient to pay the loan in full as a result of not following these procedures, the Payoff Department will attempt to contact the sender to collect the required funds. If the sender cannot be contacted, the funds will be returned to the ABA and the account number from which they were received within 3 business days after receipt. 5. Wire transaction processing fee: Each wire received by the Payoff Department must include a ***$15.00*** wire-processing fee. This amount must be included in the total amount to pay the loan in full. If you have any questions in reference to your wire, please call 1-877-729-6337. Exhibit C 7OHN H. WALAK C-21 WALAK ASSOCIATES 3803 CEDAR AVE. CAMP HILL, PA 17011 Phone: (717) 433-1468 c2ljohnhwal@aol.com Trw. Mrw Mes pot eee~ catmned m Mmrdence wen Tne cream surNsras a aiafnroiW Maeb~ ve~aioe .ne, aa„arc vaWera ro ~ k una.®e, ornur~ mina vartlu weh impwWB[y, ObaeGlNty MO IMepenaal2 Ma MMqu[ Mmrnadaefon Oe f'lIf011L1 laeneac R R era To tk CprelOertM As M AppraGSl Artl 14Y Not Be U M As $utll Fp My p~~pps~. I _ MARKET ANALYSIS PREPARED FOR Timothy D Stouffer 840 Yverdon Drive Camp Hill PA 17011 PREPARED BY JOHN H. WALAK CENTURY 21 WALAK ASSOCIATES 3803 CEDAR AVENUE CAMP HILL, PA 17011 OFFICE - 717-763-7991 John H. Walak- Ce11717-433-1468 THIS ANALYSIS HAS NOT BEEN PERFORMED IN ACCORDANCE WITH THE UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE WHICH REQUIRE VALUERS TO ACT AS UNBIASED, DISINTERESTED THIRD PARTIES WITH IMPARTIALITY, OBJECTIVITY AND INDEPENDENCE AND WITHOUT ACCOMMODATION OF PERSONAL INTEREST. IT IS NOT TO BE CONSTRUED AS AN APPRAISAL AND MAY NOT BE USED AS SUCH FOR ANY PURPOSE. A COMPARATIVE MARKET ANALYSIS PREPARED IN ACCORDANCE WITH THIS ACT SHALL NOT BE DEEMED TO BE AN APPRAISAL WITHIN THE SCOPE OF THE ACT OF JULY 10, 1990 (P.L. 404, N0.98), KNOWN AS THE "REAL ESTATE APPRAISERS CERTIFICATION ACT." _ _ i I Tuesday, July 03, 2012 I Timothy Stouffer 840 Yverdon Drive Camp Hill, PA 17011 1 Timothy Stouffer, Thank you for the opportunity to present my marketing plan to you. I have prepared this market analysis in order to provide you with the most current information about what is happening in the market place. Since the other comparable properties may vary in size and amenities relative to your home, I have taken the market analysis process one step further. In addition to the standard statistical analysis, I have prepared an "Adjusted Market Analysis" for you. This analysis more accurately indicates the "Price Point" in today's market place for your home based on the area you live in, the size of your property and its amenities. This comparative market analysis will provide you with the information necessary to determine an indicated price range for your home in today's market. It is espedally important in the current market to set the price correctly and to prepare your home for "show". There is a large inventory of homes available in every price range, the buyers are comparison shopping. The "best" homes at the right price are the ones that are attracting the qualified buyers. Enclosed you will find a copy of my marketing program which I will be going over in detail with you. It is a dynamic plan, and 1 think you are going to feel very comfortable with us marketing your home. I am looking forward to working with you on the marketing of your home. j~yJ John H walak _ _ _ ~ _ ~ ~?GEIVf"~' R~Sl1~ John H. Walak 1208 40i5~ West Fairview, PA 17025 717-433-1468 C2ljohnhwal~aoi.com i Summary: I have thirty years experience in the real estate field. I have had the opportunity to be both self- employed and manage an office. The ability to manage employees and an office as well as being very self-motivated are skills that will allow me to excel in any professional environment. a good position with a stable company. Employment History: Century 21 Walak Associates - Camo Hill. PA [08/1991 -Present) Associate Broker Assoclate Broker Duties: new agent training, new agent recruiting, business development, maintain duty schedules, advise agents on difficult transactions, oversee compliance with state and federal regulations, maintain office supplies, and handle all daily office operations. Sales duties: generate clients, negotiate sales contracts between buyers and sellers, facilitate the entire home selling/buying process, complete comparative market analyses, conduct open houses, marketing and advertising K9cW Corporation - Camp Hill, PA (1993 - 2005) Treasurer and Secretary Duties included: managing a property management company Century 21 Walak Associates - Dlllsbura PA [1986-1991) Office Manager and Licensed Salesperson Century 21 Walak Assocates - New Cumberland, PA (1982-1986) i ~,~NiI~ANY` I!``!~ CENTURY 21 WALAK ASSOCIATES ~ 3803 CEDAR AVENUE CAMP HILL PA 17011 OFFICE - 717-763-7991 FAX - 717-763-7327 EMAIL - C2IWALAK~AOL.COM ~OMPAR~I.BLE REPORT MLS ~ Subj Prop Temp- 53206 Address Price $174,900 Adj Price $174,900 Area 6 Type Detached Status Subject Property Days On Market Price/SgFt Abv G $106.78 List Date 7/3/2012 Closing Date Area 6 Closing Date Type Detached Status Expired Days On Market 96 Price/SgFt Abv G $92.73 List Date 3/22/2012 Lock box is on bads door. Dishwasher does not work; replacement MLS # 10221032 is negotiable. Best to park on Center Drive or in driveway. Please call CSS at Address 1421 Carlisle Road 877"977-4007. Home is vacant. All reasonable offers will be considered. Lower level of home was former dentist office, with separate entrance. Price $179,900 Adj Price $179,900 ~t ~!~"~, ";~t~!t ~ I Area 6 Closing Date Type Detached +~`- . Status Active Days On Market 35 Price/SgFt Abv G $96.82 List Date 5/29/2012 MLS # 10224026 Address 2 Commercial Drive Price $194,900 Adj Price $194,900 Tw Malr s: Hr Noc enan vefonnea m n~a~aanoc wun rn~ unwm~ snnoara: a vrmesslonel noorotal vrace;~ wnld~ Re~,+rc vawars ro act r unauon, oielnoerecoea Tnlrtl rartles wren ImpmWNty, ODJerJMly ArM haeperdeno° Atq wMrou[ A¢wnadatlon Or Personal InrHrbt it Is Not To B! CAnsldereE As M I1Ppraleal Mtl NaY Nat Be USaG N Suai For MV Purpose. C®MPARABLE REPCIRT I„i~ ~ Subj Prop Temp- 532D6 Address Price $174,900 Adj Price $174,900 Area 6 Type Detached Status Subject Property Days On Market Price/SgFt Abv G $106.78 Ust Date 7/3/2012 Closing Date Area 6 Closing Date Type Detached Status Active days On Market 46 °~ Price/SgFt Abv G $53.23 °``~`,"~ ist Date 5/18/2012 ~~ All offers are to be submitted at www.uploadofferhere.com. View MLS # 10223540 Showing Assist to schedule all showings or call 1-800-746-9464. Finandng Address 348 Blacksmith Road incentives available through GMAC Mortgage for borrowers purchasing this property. Please speak with the Listing Realtor for details. Prke $149,900 Adj Price $149,900 MLS M 10214265 Address 419 Candlewyck Road Price $199,900 Adj Price $199,900 Area 6 Type Detached Status Pending Days On Market 286 Price/SqR Abv G $99.16 List Date 9/6/2011 Closing Date TMs AnMYals Nas Not tN!!n vatfonnea m A¢ordalK.e wxh The unMOnn sranearaa Ot araf swnat Aawami r+aa~ wn~a aagwre valuers To Aa Ac unewaa, D~nterested rnae Fartlec wim impartlaXlY, Ubj thAty AM InOepMdmrt Md wttiwu[ Aowrtgdafbn 01 Personal intertat. It Is Not To Be Conalda,eo As M Apprelaal Ano HaY Not l4 Uaed As Suds For AnY Vulpose. COMPAR.AB~E REPQRT MLS # Subj Prop Temp- 53206 Address Pnce $174,900 Adj Price $174,900 Area 6 Type Detached Status Subject Property Days On Market Price/SgFt Abv G $lOb.78 List Date 7/3/2012 Closing Date Area 6 Closing Date 6/18/2012 TYPe Detached Status Sold Days On Market 13 Price/SgFt Abv $116.60 G List Date 5/2/2012 MLS # 10222845 Cali list office during weekdays for showings and listing agent Address 104 Green Lane Drive during evenings and weekends. Thank you! Price $174,900 Adj Price $174,900 MLS # 10222320 Address 1035 Swarthmore Price $174,900 Adj Price $174,900 Area 6 Type Detached Status Pending Days On Market 8 Price/SgFt Abv $134.54 G List Date 4/20/2012 Closing Date 6/28/2012 This AnelYSis Flan Not Been Ve+TOrrney In AaraMarwe Wkh The Unltomf SblMards d Vro/msforwl Apprelsal ftadlre whkh Repulre Valuers Ta Ad As Unbimetl, DWn[erested Thin) 1'ertNS Wkh Impartlagry, OoJectivl[y And IMeperslenrr Arid wiihwE AomnmdaHOn a Personal Interest h I6 Not To [b Gonsloered As An Appraisal Ard Nay Not Be Used As Suds For Arty Purpose. -~'®MPARABLE REPO RI MLS # Subj Prop Temp- 53206 Address Price $174,900 Adj Price $174,900 Area 6 Type Detached Status Subject Property Days On Market Price/SgFt Abv G $106.78 List Date 7/3/2012 Closing Date Area 6 Closing Date 11/22/2011 Type Detached Status Sold Days On Market 5 Price/SgFt Abv $101.99 G _. - _ , . „ List Date 10/1/2011 MLS # 10215141 Call CSS for all showings 877-977-4007. Sellers prefer 24 hours Address 505 Seventh Street notice to make arrangements to have their dog out of the house. Price $184,500 Adj Price $184,500 '''" Area 6 Closing Date 5/22/2012 Type Detached ^ Status Sold Days On Market 46 Price/SgFt Abv $116.36 G Ust Date 3/1/2012 MLS # 10220123 1 Year Home Warcanty with acceptable offer. Address 1610 Chatham Road Price $175,000 Adj Price $175,000 TMs Analysis Haa No[ Beer Pvformed in A®rdanrr WIM The lMlrorm Sbndmds IX Profesabnal Appretrai Praotlx whl[3~ Reyulre Valuers To AG As Unblaxd, Dipnterestfld Third Partba WIFN ImpartlaHlY, ObkCtlvRy ArW lrgepeneerite AM MNOUt Atmmodatlon Oi Personal Interest. h is Not To 8e Consideretl Aa An Apprelsel AM NaY Not Be lhed AS Suds For Arty Purpose. i t^.OMPARABLE REPORT Area 6 Closing Date Type Detached Status Subject Property _ ~ Days On Market Price/SgFtAbvG $106.78 i ~ List Date 7/3/2012 MLS # Subj Prop Temp- 53206 Address Price $174,900 Adj Price $174,900 Area 6 Closing Date 7/22/2011 Type Detached ~~ Status Sold Days On Market 33 Price/SgFt Abv $85.33 G List Date 5/7/2011 MLS # 10209021 Address 9 Grinnel Drive Price $173,900 Adj Price $173,900 Area 6 Closing Date 4/27/2012 4 ~ ~„~ - Type Detached --~ • Status Sold :, Days On Market 3 Price/SgFt Abv $99.24 G List Date 3/29/2012 MLS # 10221332 Call 1-800-SHOWING (1-800-746-9464) to schedule all showings Address 126 Yorkshire Drive Price $170,500 Adj PAce $170,500 Thb Alldyds Nas Not Bem Maenled N A®ntlenae WNh The IA,YOnn StAMxdc O/ Prafivbnal Apylhal raala. wlYd, Regtlre Velum To AC Ae UnOlsed INYnmres0ed Thkd Vrtles Wdh , ImpertlaNty, 06)eQHLLy And 1Mepoldenoe AM wMlnu[ A inmollation pf Veramal IriOervG tt la Not To Be CA,ICWaaE Af M Appakel Arq MeY ~ ~ V~ As Sutli For MY Purppse. -~4MPARABLE REPORT' Area 6 Type Detached Status Subject Property Days On Market Price/SgFt Abv G $106.78 List Date 7/3/2012 Closing Date MLS s Subj Prop Temp- 53206 Address Price $174,900 Adj Price $174,900 Area 6 Closing Date 10/27/2011 Type Detached Status Sold Days On Market 118 Price/SgFt Abv $96.32 G - - List Date 6/6/2011 MLS #' 10210367 NO SHOWINGS ON MONDAYS. 2 HOUR NOTICE REQUIRED FOR Address 61 CENTER DR ALL SHOWINGS. Price $169,900 Adj Price $169,900 HIGH LOW AVERAGE MEDIAN LP: $199,900 $149,900 $178,009 $174,900 SP: $184,500 $169,900 $174,783 $174,400 >•nIS AnslyAS Nac Not Been vertom,ad In A®,dance wAn 7ne unrotm stanearos of Vroteasbnai Apptalsa~ FraRloe anitn aagW~s vawats ro AG as untiased, owmm~:uea mm~d vrues wNn Impertlality, OOje ifvlry And IrbepeMence Md witlput A 4modetion O/ Ibrsonal In<eneaG It Is Not To Be Cons!AemA As An Apprabal AM May NM Be Uzd Az Suds For Airy Vu,pox. i COMPARABLE REPORT MIS ~ Subj Prop Temp-53206 10221032 Class Residential/Farm Residential/Farm TYDe Detached Detached Area 6 6 Price $174,900 $179,900 Address 1421 Carlisle Road Clty Camp Hill Camp Hill State pq pA ZIP 17011 17011 Status Subject Property Expired $174,900 $179,900 IOZZ4026 10223540 Residential/Farm Residential/Farm Detached Detached 6 6 $194,400 $149,900 2 Ccmmercial Drive 348 Blacksmith Road Camp Hill Camp Hill PA PA 170::1 17011 Active Active $194,900 $149,900 This Malyals Has Not Bam Perronneo In Mvxdance With Ttle Uniform Startlaros a Prorbslond Appfahpl pta t~ wMN RepWrt VaWvs To Aa As Unldaseo, UISMCnntetl ThMd Fartls N1M InpsMelRy, ObjeeMty Md InOepeMnroe bro wlNaut Actamoaatlon W pergq~y Interest. R IS Not To tie cautaered As M ~ppraissi MO PtaY Na Be Usetl N Suds Fer My Purpose. ~~OMPARABLE REPORT MLS ~` Subj Prop Temp-53206 10214265 10222845 10222320 mss Residential/Farm Residentai/Farm Residential/Farm Residential/Farm Type Detached Detached Detached Detached Area 6 6 6 6 Price $174,900 $199,900 $174,900 $174,900 Address 419 Candlewyck Road 104 Green Lane Drive 1035 Swarthmore CItY Camp Hill Camp Hill Camp Hill New Cumberland State pq pq PA PA ZiP 17011 17011-8426 170:L1 17070 Status Subject Property Pending Sold Pending $174,900 $199,900 $174,900 $174,900 Thk AnMyds Hos Not Been PeAOmled !n A¢YMtlonpe WBh TIM UnMxm Stnndmds Oc Aotwlonel ApprNssl Prnctloe wMrh ReQWre VaWeR To Act Af UnOMSeE, DbMMerteo ThNO PerUes Weh ImIMrtkMy, OtrJectiWty ArW InOepeMerxe Ars1 wMdR AcfCrt~odoypri Of Personal Ireveat h le No[ To Be ConNOertd As M Appralsel An0 NaY No[ Be Usd Ao Sutl~ For Am/ Purpose, ~MPARABLE REPORT MLS # Subj Prop Temp-53206 10215141 10220123 10209021 Class Residential/Farm Residential/Farm Residential/Farm Residential/Farm TYPe Detached Detached Detached Detached Area 6 6 6 6 Price $174,900 $18a,600 $175,000 $173,900 Address 505 Seventh Street 1610 Chatham Road 9 Grinnel Drive ~h' Camp Hill New Cumberland Camp Hill Camp Hill State PA PA PA PA ZIP 17011 17070 170;1-6007 17011 Status Subject Property Sold Sold Sold $174,900 $184,500 $175,000 $173,900 TMs MalYSls Nas Nat Been PafarmM N AROrOance YAM iM Uniform sbMeNS q Drofeasiorml /1DDralsal PraCtltY Mhkh Itequlne VapMrf To ML Aa UnOieseo, DlgmereatM THIN DarTM1 WkA ImpaNaMlY, OhieWvky RrM 7ntlepertlenm Md wiUlout A<aomaEatbn q Deraanal interest K is Not To Be Wnsfderao As M MDralsal AnE MaY Nat ee UseE AS Sufi Far My Purpose. C®MPARABLE REPS:: rir .~ -~ ,. , . - MLS # Subj Prop Temp-53206 10221332 10210367 Class Residential/Farm Residential/Farm Residential/Farm Type Detached Detached Detached Area 6 6 6 Price $174, 900 $170, 500 $169, 900 Addre~ 126 Yorkshire Drive 61 CENTER DR Gty Camp Hill Mechanicsburg Camp Hill State pq PA PA ZIP 17011 17055 17011-7610 Status Subject Property Sold Sold $174,900 $170,500 $169,900 HIGH LOW AVERAGE MEDIAN LP: $199,900 $149,900 $178,009 $174,900 SP: $184,500 $169,900 $174,783 $174,400 rnls Malysl: Nas Not seen varormM In AmorOanoe wtn Tn~ UnNOnn Stsnderes a v~oremwol ~onrawl RaGla nnti~ Reawre vaWers To Act As unelffiea, om~roereretl True VarUes wen ImDertlaXtY, Ob)ea1WtV MO iMeDeMeMZ AM wMprt AcmmoOeUOn a Poreonel ItlGelebt. R B Not To ee ConritlelM AS M hpprel5al AoO PtaY Not (!c UsW A9 Suds For My W rpose. HIGH LOW AVERAGE MEDIAN LP: $199,900 $149,900 ;178,009 $174,900 SP: $184,500 $169,900 $174,783 $174,400 ADDRESS MLS # Status Area Sale/Rent Abv DOM LP SP G Abv G Abv G 2 Commercial Drive 10224026 ACT 6 For Sale 2013 35 $194,900 $96.82 348 Blacksmith Road 10223540 ACT 6 For Sale 2816 46 $149,900 $53.23 Total Llatinga Avg Avg Avg Avg Avg 2 40 #17?,400 ;75.03 ADDRESS MLS # Status Area Sale/Rent Abv DOM LP SP G Abv G Abv G 419 Candlewydc Road 10214265 PND 6 For Sale 2016 286 $199,900 $99.16 1035 Swarthmore 10222320 PND 6 For Sale 1300 8 $174,900 $134.54 Toth Listlngs Avg Avg Avg Avg Avg 2 147 ;187,400 ;116.85 ADDRESS MLS # Statue Area Sale/Rent Abva DOM LP Abvv G~ SP Abv 6~ G 61 CENTER DR 10210367 SLD 6 For Sale 1764 118 $167,900 $95.18 $169,900 $96.32 126 Yorkshire Drive 10221332 SLD 6 For Sale 1718 3 $169,900 $98.89 $170,500 ;99.24 9 Grinnel Drive 10209021 SLD 6 For Sale 2038 33 $174,900 $85.82 $173,900 ;85.33 104 Green Lane Drive 10222845 SLD 6 For Sale 1500 13 $174,900 ;116.60 $174,900 $116.61 1610 Chatham Road 10220123 SLD 6 For Sale 1504 46 $184,500 $122.67 $175,000 ;116.31 505 Seventh Street 10215141 SLD 6 For Sale 1809 5 $186,500 $103.10 $184,500 $101.9! Total LlsHngs Avg Avg Avg Avg Avg 6 36 $176,433 ¢103.71 ;174,783 X302.& ADDRESS MLS # Statue Area Sale/Rent Abv G DOM LP Abvv G~ ~ Abv G~ 1421 Carlisle Road 10221032 EXP 6 For Sale 1940 96 ;179,900 $92.73 Total Listlngs Avg Avg Avg Avg Avg 1 96 ;179,900 $92.73 Tlb AniIYW Nas Not Bem Fer/armed In A¢pdalltt WRh me lMYann SbMrds w FrahubnN Apprakal PreNis wlddi Requ4e VaFps To AG Ac fAiOis,ed, bhMUreahd mw Partlea WIM Impxtlallky, bbJetllvky And IndepeMenrx AM wkhaut A[mmodatlm p Venonel Interest II la Not To tk rgneldered As M Appratral And D4Y No[ Be UaM A6 Suds For Airy FurDO9e. T ! w ~.Clh~~`ARABL.E ~'ROPERTY STATISTICS zaaooa i i i ~QOan ' i i ~ List Prioe i i 50000 - f i i i 0 2 aorcrcercial dare 34B Waeksmith road Active Properties Total # of ListJngs 2 Lowest List Price $149,900.00 Average List Price $172,400.00 ! Highest Llst Price $194,900.00 Average Price/SgFt Abv G $75.03 ;Average Days On Market 40 TMC Malyels has Not Been PeApmeE In MmrEenx WNh The Unironn StaMesds p PMeseioiul aPPraisai AaUke which Repaint Vahlen To ALt N UnhhaM, Dltln~bE 7ThE PalNes WBh ImpartNBty, ObyeNWry I+M IMependlnm M1a wIB1aR I1¢pnoAaslon Of Personal 1110eR9t. R ~ Not To 8e Cmal0ete0 k M AppreWl Md MaY Not ee Used k SIM~ For My Pulpae. _ ~ -~Ul+~~~RABL~ ~F~C~PE{~l`°Y STI~TIS~"IC.~ i zarxi~ ~ E i i I ¦ List Prise i sokt Pnoe 0~ 1i}4greertiane 161i}dratham 9grinnddrive 12iiyorkshire iiloertterdr drive street road driva Sold Properties Totai # of Listings 6 'Lowest List Price $167,900.00 Average List Price $176,433.00 f Highest List Price $186,500.00 1 Lowest Sold Price $169,900.001 Average Sold Price $174,783,00 Highest Sold Price $184,500.00 ' Average Price/SgFt Abv G $102.64 ;Average Days On Market 36 _ _ _ me Malyb Nw rat taen Itrxormaa >n Aaoorasax wpm me uaKO~m wndarAs «nor «wnei Mw+~+a~ rra me .nay naw~e wavers ro nct a. unnu.aa, aw,oa~.taa mxa o.~aas witn ImparNaXly, ObyeaivHy Md [MepeMence Ma Mtlwut ~oooma0atbn tN MsaMl Ima~eu. It is Not 7o tk Caiddared k M Apprahsl Md MaY Not 9a INeA b Sus For MY nnPaan _ i _ ` .~~tJ?l~tl',ARABLE ~F~.t~PER~``~ STAI`IST:ICS ~aoavm i I i __.r___~ i5~ao- ' i a~x ~ Lin Prioe i e i i 50000- i i 0 ?19cardle~r ryck road ~ 7lS35 a~aarthmoro Pendin4_ Properties ;Total # of Listings Z Lowest list Price $174,900.00 Average List Price $187,400.00 Highest List Price $199,900.00 Average Price/SgFt Abv G $116.85 !Average Days On Market 147 TNe MeryW Nac Not Bsen AeAOrnwd in Amordanu Wah The Uniform SuMards d Frofessamai Appralel Rs tlae whidi ReWre VaF~ns 7o MY As Undesed, a.i~mnwee ma varae~ wim ImprtlsYty, ODJe~IMty And IMepetgerax MO wlNO1rt Ampnpdatlpn Of PaIS011a1 In[![tlt. tt Is Not To Be ConefdelCd Aa M Appnkal AM May No[ Ba Used Aa Sudl For Am, W~para. _ _ i ~(3M~ARAB~,E PRt~P~RTY STATISTICS I ~~o~n i aaaaa _ ust Price Loco 0 1421 carlisleroe~ Ex~lred Properties Total # of Ustings 1 Lowest Ust Price $179,900.00'; Average List Price $179,900.00 Highest List Price $179,900.00 Average Price/SgFt Abv G $92.73 'Average Days On Market 96 71as AnaIYW Maa Not eaen Performed In A~mda a WIM The Unlfam Sb,tlaNS p i~ofaalalnl MPrctr+l GraGix whlCi RepWrc Vahrrs To Ac /u Undaee0. WtlnOnated ThIN Parfet With ImpartlNlty, ObjaMMy Md [Megrgmoe ArM wphprt Aoourrodetbn 0/ Penmal tMerMt p: Is Not To Be fartsidered As M Appraisal AM NaY Not N llmd As Suds For My Purppae. ~C}M~~AkABLE PRICE ANALYSIS zaoona- _ _ i I I y5oa:m I p ~.r 10Q000 ~ ~ _ JH~h ~+bl• ~P i I i carparahle properties adjl>sted properties Comparable Price Analysis Price Price/SgFt Abv G Low $149,900 $53.23 Average $177,109 $99.30 High $199,900 $134.54 Adjusted Price Analysis Adjusted Price Price/SgFt Abv G Low $149,900 $53.23 Average $177,109 $99.30 High $199,900 $134.54 Suggested List Price $174,900 lids Malysis tles Not Bien PMOnned In Aomdanae WIN The UnNatm StanMrds OI Pro/estlonN ApprNtN Vralo. whkh NoWFa VaFisss io AG b llnDlssad, DWRerested Thkd VarNeA WIM ImpstlsMly, ODjMivity gr10 IMepe1genae And MNprt Aocons)ditksl Ot Msd1Y IMamt. R Is Not To Be l:plsldLrEO b M gppalwl Md MAy Not Be lM0 b Suds For Airy Pu~VOSO. i A I 1 F,.ow High $170,000 $175,000 Encumbrance First Loan $0 $0 ~ Second Loan $0 $0 $0 $0 Estimated Closing Costs Commissions $10,200 $10,500 Title Insurance $0 $0 Escrow Fees $0 $0 Home Warranty $0 $0 Tax Stamp $1,700 $1,750 Pest Inspection $0 $0 Termite Work $0 $0 DEED PREP $125 $125 NOTARY $20 $20 BROKER FEE $150 $150 $0 $0 $0 $0 $12,195 $12,545 [ understand that the above is an estknate only and not the actual costs whkh would be Incurred if an actual sak Is consummated. The estimated amounts above are not guaranteed In any way. Seller Date Broker/Sales Associate Date Thht MYYW Ni Not aeon PeAarmeO N Aaoo,daiwe Wan The Unaorm StinOards q PrareasgrW Appraisal Pradke M1kh RepWR Valueq To Mt N Unblaaetl, Dkinlarested ThNd Partlu Wah Imparaaaly, DD1eU1raY Aral IMepngentx AnC wldraR Aosnsodatlpi q Parsanal Infereet. a Is Not To Be GmcltlesM N M Appra4at M0 NaY Not M UsM N Suds Far Airy Purpose. _ - •IMAP 3F PRt~RERTIE~ PJB ~ ~ i~ 'sw'w~'~°° Ertola N Pro9?'ess y, Penbrook - ~ West Fairview i a ` s a a~~lYt„r ~ m R Hampden cif X230, ~ Pa:F: lp~~~F Towm~hip ~ ~ ~ ; { $ Wom11 u Harrisburg g rk?ry K , I. ~ r9 Lily ~.,~._.-_-f?a~ctang J~. J Isbnd jfxi o. Z Pmk `r^ h t'+u.'. ~ ~~227 Sat ~ A Lemoyne, s~ Camp H' ~ SpoKting Hdl !.._y ~ $teeiton ' tt_ , t1iKt fi yy~ ew Cumberl~d ~'~5~' ~ Shiremanstown , ' ~ © S,EE; ~;,;~s t5 ; F ~Y - ~ ~4ir! U~itllsd ~O~#-St ~y Dr ~F ~ J aeribu.r;al• ;i.ei V ~ la JI n , ; ~ J r:d~ ~ mLti ~ ~o `~1 ~ ~ Fairview Parts bt c Zae2 eiAVrEa a u~i~,an c rte: Map No. MLS# Address city/State/Zip Price 1 Sub. Camp Hill PA 17011 $174,900 Property 2 10221032 1421 Carlisle Road Camp Hill PA 17011 $179,900 3 10224026 2 Commercial Drive Camp HIII PA 17011 $194,900 4 10223540 348 Blacksmith Road Camp HIII PA 17011 $149,900 5 10214265 419 Candlewyck Road Camp Hill PA 17011-8426 $199,900 6 10222845 104 Green Lane Drive Camp Hill PA 17011 $174,900 7 10222320 1035 Swarthmore New Cumberland PA 17070 $174,900 No 10215141 505 Seventh Street New Cumberland PA 17070 $184,500 Geocode 8 10220123 1610 Chatham Road Camp Hill PA 17011-6007 $175,000 9 10209021 9 Grinnel Drive Camp Hill PA 17011 $173,900 10 10221332 126 Yorkshire Drive Mechanicsburg PA 17055 $170,500 11 10210367 61 CENTER DR Camp HIII PA 17011-7610 $169,900 Thk ArWYraa Mee Not Bean PerlormM In AtmNarNY WIM The UnNam Sdrtlartls Of Prahobnel Appraial PraUim rArWr Repdrc Vsprers To Art Ae UnEined, DWneeraset0 Thkd Parties WIM ImpanlaY[y, Ob7actlNry And IMeperdence AM wWrorrt Armrnodatkn Of Perspral IMarest R Is Not To Be Cnnstlered As M Appraisal Ard NaY Not Be Used As Srrdr For Arty Purpoae. _ _ T ~fiIfVA~. COMMENTS Based on the active, pending and sold properties I have included in this market analysis I feel the property will sell between $170,000, and 175,000. The property was purchased at the peak of our market which is starting to rebound slowly. _ 1 1 WALAK ASSOCIATES PLAN OF ACTION Prepared for: Timothy D Stouffer Suggested Listing Price: $175,000. $174,900 .........Probable $170,000.........Sales Range Re: 840 Yverdon Drive Camp Hill PA 17011 Our Company's objectives: 1. To get buyers for your home until it's sold by marketing it properly. 2. To communicate the results of our activity. 3. To assist you in getting the highest possible dollar value for your property. 4. To provide you the quality of service that we at Century 21 Walak Assoc. are proud of. Oar Plan of Action: 1. Submit your home to the multiple listing service including listing on Realtor.com, Craigs list, yahoo, google, etc. on Internet. 2. Submit copies of your listing to our company's sales staff and for their waiting buyers. 3. Tour your home with my office. 4. Promote your home to other agents in the area. 5. Develop a list of features and benefits of your home for agents and potential buyers . 6. Advise you as to how you can make your property even more marketable to the buyer. 7. Update you as to changes in the market place and to it's effects on the sale of your ProPertY• 8. Promote your land in the surrounding area by advertising, phone calls and personal visits. 9. Add additional exposure by a highly recognized Century 21 sign. 10. Hold tours when possible. 11. Provide a visual tour of the property for internet use. 12. Pre-qualify when possible all prospective buyers. 13. Make you and the buyer aware of various financing options to facilitate the sale. 14. Follow up showings of your home by contacting the sales persons for their response. 15. Assist you in arranging interim fmancing, if necessary. 16. Service your property by always having someone ready to respond to inquiries. 17. Placement of an approved ad in the Central Penn Multi-List. 18. Market your home nationally with the Century 21 VIP Referral system. 19. Represent you at the presentation of all contracts. 20. Keep you informed of all closing procedures after a contract has been accepted. 21. DELIVER YOUR CHECK AT CLOSING. 22. You can always ask our advice for professional services after the sale. _ ~ _ ~ _F . I VERIFICATION I, TIMOTHY D. STOUFFER, do hereby verify that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I underst that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: d! 2 gy: OT .S 6 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ? y`titln rot 410116P ,`* PRIOZHONO , . 2312 SEP 17 PM 12.33 CUMBERLAND COUNTY PENNSYLVANIA Timothy D. Stouffer vs. Case Number Kara T. Stouffer 2012-5063 SHERIFF'S RETURN OF SERVICE 09/06/2012 07:59 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on September 6, 2012 at 1959 hours, he served a true copy of the within Complaint in Partition, upon the within named defendant, to wit: Kara T. Stouffer, by making known unto herself p nally, at 322 N. Front Street, Apartment 4, Wormleysburg, Cumberland County, Pennsyw 17643 is contents and at the same time handing to her personally the said true and correct copy f s me. c SHERIFF COST: $36.95 September 11, 2012 SHAWN HARRI-1N. DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF ?;(YUrt Sui -i 5itFi. `f 1 f JOsoft ;r,_ Timothy D. Stouffer Plaintiff, Vs. Kara Taliani Defendant No: 2012-CV-5063 Civil Action- Law 7" ?' n & 0, r I, Kara Taliani am respectfully responding to the complaint in partition action against me involving Timothy D. Stouffer. Parties 1. True: Timothy D Stouffer is an adult individual residing at 840 Yverdon Dr. Camp Hill, Pennsylvania 17011. 2. True: Defendant Kara Taliani is an adult individual residing at 322 N. Front Street, Apt 4, Wormleysburg, Pennsylvania 17043. Facts 3. True: Plaintiff and Defendant are both on the Deed to the property located at 840 Yverdon Drive, Camp Hill, Pennsylvania 17011. 4. True: the Plaintiff and Defendant acquired the property on September 25, 2007. S. True: Parties are divorced and are now tenants in common. As a tenant in common I have been denied access to said property since September 2010. 6. True: Plaintiffs mortgage is with PNC Bank. 7. I reviewed Exhibit B 8. I reviewed Exhibit C. 9. False: I used my personal IRA for a down payment on the property at the time of closing. Without my IRA the Plaintiff would not have been able to buy said property. In exchange for my IRA, the Plaintiff decided to put my name on the Deed to the property. I also put more than $35,000 of living expenses from my college school loans towards the running of the household including mortgage payments, and property upkeep. 10. False: The Plaintiff warned me authorities would be contacted should I attempt to enter the property at 840 Yverdon Dr. Camp Hill Pa, 17011 I was also informed neighbors were also instructed to call the authorities if I entered said property. Plaintiff took the keys to the property from me therefore; I have no knowledge of any repairs on the inside of the property. I have seen no repairs on the outside of the property. The last repairs on the outside of the property were new gutters put on the entire property paid for by me in the amount of $3000.00 in August 2010. 11. False: Plaintiff initiated refinance with PNC Bank without my knowledge. I was unexpectedly contacted May 7, 2012 by PNC Bank to sign a quitclaim deed for a refinance in order to remove my name from the property. PNC was misled into believing the divorce decree issued to Plaintiff and myself specified I was to be taken off the property. Upon discovering this false information the loan officer apologized to me and told me they would not be contacting me again. I then received a letter to sign a quitclaim deed from Tuner and O'Connell Attorneys at Law, in order to remove my name from the property, again, for a refinance not a sale. Next, I received a letter from Jacobson, Julius and McPartland again to sign a quitclaim deed to remove my name from said property. A sale of said property was never brought to my attention and I had no knowledge that the Plaintiff desired to sell the property until this action against me. A true and correct copy of both correspondences is attached hereto and part hereof as "Exhibit A and B." 12-15. As previously stated I was not advised of a sale of said property until this notice. As a tenant in common I have been denied access to the property with my keys taken from me since September 2010. Said property is not for sale at this time. It was Plaintiffs decision to file suit with this court. At the time of the divorce the Plaintiff refused to settle this property issue telling me he didn't want to spend the money on lawyer fees. As for my "unwillingness" to sign a quitclaim deed for a sale of the property, I respectfully ask this court to please review an attached true and correct copy of a letter sent to the Plaintiff as "Exhibit C." As of this date, there has been no response. I am a 31-year-old full time student at Duquesne University receiving a Bachelor's of Science in Behavioral Science and am currently a part-time employee at Rite Aid Corporation. I contributed over $40,000 to this property most of which are my living expenses from my college school loans that I will be paying back for years to come. As a tenant in common, however, I have been denied access to said property for the past two years, and the Plaintiff has continually attempted to force me to forfeit my rights to said property with no effort of negotiation towards a settlement. I do not wish to waste this honorable courts time when a compromise may be possible. Respectfully submitted, Date: October 11, 2012 By: )??- / ob(; -- Kara Taliani 322 N Front St. Apt 4 Wormleysburg Pa, 17043 717.395.8020 t,hibit A and B TURNER AND O'CONNELL ATTORNEYS AT LAW 4701 NORTH FRONT STREET HARRISBURG, PA 17110 717%232-4551 Telephone 717/232-2115 Facsimile JAMES H. TURNER TIMOTHY J. O'CONNELL JOHANNA H. REHKAMP jhtflurnerrndoconnelLcom go@tumerandoconnell.com jhr@turnerandoconnell.com May 24, 2012 Kara i Stouter 541 Rupley Road Camp Hill, PA 17011 Dear Ms. Stouffer: Please be advised that I represent Timothy D. Stouffer from whom you were divorced October 21, 2011. He advises me that you are still a co-owner of the property located at 840 Yverdon Drive, Camp Hill. He is attempting to refinance this property which is appraised at less than the balance due on the mortgage. In order to facilitate the refinance process, and to ensure that you will be free from any potential obligation relating to this property, l would ask that you-be.willing to sign a quitclaim deed or similar instrument conveying your interest in the property to Mr. Stouffer. Kindly advise me if you would be willing to do this and if so, arrangements can be made to get the necessary document to you. If you are unwilling to cooperate in ,this matter, Mr. Stouffer will have no alternative but to file a civil action in court to resolve this matter, which will significantly increase the expenses for both parties. I would appreciate a response to this letter no later than June 1, 2012. Your attention to this matter is appreciated. Sincerely, Timo J. " TJO:sf Cc: Timothy. D. Stouffer JACOBSON, JULIUS & McPARTLAND AnURMYS&CC UNSI MSATLAW LESLIE DAVID JACOBW14 CHAD J. JULIUS scm-r McPAR11-0W Ms. Kara T. Stouffer 541 Rupley Road Camp Hill, Pennsylvania 17011 Re: Stouffer vs. Stouffer Dear Ms. Stouffer: 8160 DMRY 9F EET. SUITE A HARRISBURG, PA 17t1t-6400 Phones (717) 909-6868 Fam (717) 900-7788 July 18, 2012 Please be advised that we have been retained to represent Timothy D. Stouffer in regard to a partition action concerning the real estate located at 840 Yverdon Drive, Camp Hill, Pennsylvania. We are informed that you have been less than cooperative in executing a quit claim deed to remove your name from the property. Enclosed for your review is a recent market analysis for the property and a recent loan statement showing the balance due on the note and accompanying mortgage. There is almost no equity in the property and a sale will most likely yield less than what is owed. We provide this information for your review in the hope that this matter can be resolved amicably without further time and expense for either party. To bring this matter to a quick close, Mr. Stouffer is willing to pay you the sum of $500.00 for your time to execute a quit claim deed. If you do not agree to execute a quit claim deed to the property, we will have no choice but to request a partition and sale of the property. As part of that action we will seek an award costs and attorney's fees as we believe that you refusal to be inappropriate under the circumstances. If you are not willing to execute a quit claim deed, kindly advise us whether you will accept service of the partition complaint. If you have retained counsel please forward this correspondence to them for review. Otherwise, we look forward to hearing from you in the next ten (10) days. If after reviewing this correspondence you should have any questions or comments, please feel free to contact me at your convenience. S' 1 J. Jule CJJ/sjt c: Client ww wJjaeobsouLw.com ATTORNEY AT LAW 126 STATE STREET • HARRISBURG, PA 17101 PHONE: (717) 233-8757 9 FAX: (717) 233-5860 EMAIL: dixordaw@paodine.com www.jdixonlaw.com September 12, 2012 Jacobson, Julius and McPartland Attorneys & Counselors at Law Attention: Chad J. Julius 8150 Derry Street, Suite A Harrisburg, PA 17111-5260 Re: Stouffer v. Stouffer Dear Attorney Julius: Please be advised I represent Kara Taliani in all matters regarding a recent Partition Action you have filed on behalf of her ex husband, Timothy Stouffer. I have reviewed with her the financial details of their marriage and divorce. It appears as if the divorce did not include a Marriage Settlement Agreement. Concerning the property in joint names at 840 Yverdon, Drive in Camp Hill, -1 understand it is jointly owned. I further understand the mortgage is just in Mr. Stouffer's name. There was a verbal agreement between the parties that Ms. Taliani would receive a buyout and or payout from a sale from the amount of her IRA she put into the property. This amount was Eight Thousand Dollars ($8,000.00). There were other monies she put into the property as well but the IRA is significant to her. It accumulated prior to the term of the marriage. In the spirit of compromise, she has authorized me to resolve the claim in its entirety for Four Thousand Dollars ($4,000.00). This is a significant compromise for her from the Eight Thousand Dollar ($8,000.00) figure and in exchange for that she will sign a quitclaim deed. I am looking forward to hearing from you. If it cannot be resolved, we will be compelled to litigate. Very truly yours, Joseph J. Dixon JJD/lw c. Kara Taliani Verification I, KARA TALIANI, do hereby verify that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: I 1 o`? °?` By: LOVd Kara Taliani Chad J.Julius r _ Jacobson,Julius&McPartland Supreme Court I.D.No. 209496 _ � f.; t 8150 Derry Street, Ste. A ,( � Harrisburg, PA 17111 717.909.5858 F-E t} FAX: 717.909.7788 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNAYLVANIA • TIMOTHY D. STOUFFER, PLAINTIFF • �j1�lD • No: 12-963-Civil vs. • KARA T. STOUFFER a/k/a KARA • CIVIL ACTION - LAW • TALIANI, DEFENDANT • PLAINTIFF'S EMERGENCY MOTION FOR COURT APPROVAL OF SALE OF REAL PROPERTY AND NOW COMES, Timothy D. Stouffer, Plaintiff, by and through his attorneys, Jacobson, Julius&McPartland, and hereby files this Emergency Motion for Court Approval of the Sale of Property, and in support thereof, state as follows: 1. On or about August 15, 2012, Plaintiff commenced a partition action against the Defendant, Kara Taliani, his former spouse. 2. Plaintiff and the Defendant are the owners of real property located at 840 Yverdon Drive, Camp Hill, Pennsylvania 17011. 3. The property was acquired on September 25, 2007 and title was therein taken in the names of Plaintiff and the Defendant as tenants by the entireties as the parties were married at the time of the purchase. 2 4. The parties have since divorced where by operation of law the parties now own the property as tenants in common. 5. There is presently a mortgage and note recorded against said property in favor of PNC Mortgage, a division of PNC Bank, as assignee for National City Mortgage, and is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania as instrument number 200902382. 6. The current payoff of the note for the property is approximately $165,000.00. 7. The partition cause of action arises out of a dispute regarding said property. Specifically, Defendant claims to have invested funds for the purchase and maintenance of the property during the parties' marriage for which she believes she should be reimbursed. 8. This issue was not raised as a claim in the completed no fault divorce between the parties. 9. Plaintiff for some time has wanted to dispose of the property and Defendant will neither purchase the property nor permit the Plaintiff to liquidate the property. 10. At one time Plaintiff did try to refinance the property; however Defendant also refused to permit the refinance of the property. At present,keeping the property is not cost effective for the Plaintiff. It is believed the same is also true for the Defendant. 11. On October 11, 2012, Defendant filed her pro se Response to Plaintiffs Complaint. It should be noted that a copy of the Response was never served on counsel as required by the rules of civil procedure. 12. The parties did engage in active settlement negotiations but have failed to reach any common ground. 3 13. Plaintiff has had the property listed on the market for over one year and no reasonable offers had been received up until the instant sale contract. 14. On or about October 3, 2013, Plaintiff entered into an Agreement for the Sale and Purchase of Real Estate (the"Sale Contract") with Christine H. Hummel for the sale of the Property. A true and correct copy of the Agreement is attached as "Exhibit A". 15. The sale price for the property is One Hundred Sixty Nine Thousand Nine Hundred Dollars and Zero Cents ($169,900.00) which, after Seller's closing costs, will deem the sale of the property to be most likely a short sale. A true and correct copy of the breakdown of the closing costs provided by Plaintiff's broker is attached hereto and made part hereof as "Exhibit B." 16. Per the Sale Contract, settlement is to occur on or before November 26, 2013. See "Exhibit A". 17. The Buyer has indicated that she will cancel the Sale Contract if it does not close on time. 18. Although the Plaintiff disputes the claims made by the Defendant, Plaintiff acknowledges that this is the only offer that he has received on the Property in over one year. 19. Plaintiff also acknowledges that this offer, which is close the market analysis previously obtained for the property, will minimize the financial impact of the sale on both the Plaintiff and Defendant. 20. Although unlikely after closing costs, Plaintiff is willing to escrow any proceeds from the sale of the Property pending the outcome of the litigation. 4 21. Undersigned counsel by letter dated October 8, 2013 sent correspondence to the Defendant requesting her concurrence in the sale. The letter has not been returned as undeliverable but counsel has not received a response from the Defendant. A true and correct copy of the Letter of October 8, 2013 is attached hereto and made part hereof as "Exhibit C". 22. Pursuant to C.C.R.P. 208.3(c)(2), no judge has ruled upon any issue or matter in this case. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order approving the sale and directing Defendant to provide a Quit Claim Deed or attend closing and execute a Warranty Deed to permit the sale of 840 Yverdon Drive, Camp Hill, Pennsylvania 17011 to proceed and award such other relief as this Court deems just and appropriate. Respectfully submitted, JACOBSON, JULIUS & MCPARTLAND Date: October 22, 2013 By: Chad J. J Atty. ID 209496 8150 Derirs,treet, Ste. A Harrisburg, PA 17111 717.909.5858 717.909.7788 [fax] Counsel for Plaintiff 5 • Exhibit A DocuSign Envelope ID:4C57D854-DD42-41A7-8E4C-ACOF1DDFC039 STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE This form recommended and approved for,but not restricted to use by,members of the Pennsylvania Association of REALTORS'(PAR). ASR PARTIES BUYER(S): CHRISTINE M HUMMEL SELLER(S): TIMOTHY D STOUFFER KARA TALIANI BUYER'S MAILING ADDRESS: SELLER'S MAILING ADDRESS: PROPERTY PROPERTY ADDRESS: 840 YVERDON DRIVE CAMP HILL PA 17011 in the municipality of WORMLEYSBURG ,County of CUMBERLAND in the School District of WEST SHORE ,in the Commonwealth of Pennsylvania. Identification(e.g.Tax ID#;Parcel#;Lot,Block;Deed Book,Page,Recording Date): 47181302089 BUYER'S RELATIONSHIP WITH PA LICENSED BROKER ❑ No Business Relationship(Buyer is not represented by a Broker) Broker(Company) COLDWELL BANKER HOMESTEAD GROUP SELECT Licensee(s)(Name) STEVE BICKFORD PROFESSIONALS Company Address 4075 MARKET STREET Direct Phone(s) (717)614-4087 CAMP HILL,PA 17011 Cell Phone(s) (717)579-9126 Company Phone (717)763-7500 Fax (717)763-0290 Company Fax (717)763-0290 Email sbickford @cbsp.com Broker is: Licensee(s)is: ID Buyer Agent(Broker represents Buyer only) ❑ Buyer Agent with Designated Agency © Dual Agent(See Dual and/or Designated Agent box below) 111 Buyer Agent without Designated Agency © Dual Agent(See Dual 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 BROKER ❑ No Business Relationship(Seller is not represented by a Broker) Broker(Company) COLDWELL BANKER HOMESTEAD GROUP SELECT Licensee(s)(Name) STEVE BICKFORD PROFESSIONALS Company Address 4075 MARKET STREET Direct Phone(s) CAMP HILL,PA 17011 Cell Phone(s) (717)579-9126 Company Phone (717)763-7500 Fax Company Fax Email Broker is: Licensee(s)is: ❑ Seller Agent(Broker represents Seller only) ❑ Seller Agent with Designated Agency © Dual Agent(See Dual and/or Designated Agent box below) ❑ Seller Agent without Designated Agency © Dual Agent(See Dual and/or Designated Agent box below) ❑ Transaction Licensee(Broker and Licensee(s)provide real estate services but do not represent Seller) DUAL AND/OR DESIGNATED AGENCY A Broker is a Dual Agent when a Broker represents both Buyer and Seller in the same transaction.A Licensee is a Dual Agent when a Licensee represents Buyer and Seller in the same transaction.All of Broker's licensees are also Dual Agents UNLESS there are separate Designated Agents for Buyer and Seller.If the same Licensee is designated for Buyer and Seller,the Licensee is a dual Agent. By signing tl)is7t§Reement,Buyer and Seller each acknowledge having been previously informed of,and consented to,dual agency,if pp ble. Buyer Initials: / ASR Page 1 of 11 Seller Initials: (J _/ Revised 1/12 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS'2012 1/10 DocuSign Envelope ID:4C57D854-DD42-41 A7-8E4C-ACOF1DDFC039 1 1. By This Agreement ,dated OCTOBER 3,2013 2 Seller hereby agrees to sell and convey to Buyer,who agrees to purchase,the identified Property. 3 2. PURCHASE PRICE AND DEPOSITS(1-10) 4 (A) Purchase Price ONE HUNDRED SIXETY-NINE THOUSAND NINE HUNDRED 5 6 $169,900.00 U.S.Dollars),to be paid by Buyer as follows: 7 1. Deposit at signing of this Agreement: $ 8 2. Deposit within 3 days of the Execution Date of this Agreement: $500.00 9 3. ADDITIONAL DEPOSIT 10 DAYS AFTER INITIAL DEPOSIT $500.00 10 4. Remaining balance will be paid at settlement. 11 (B) All funds paid by Buyer,including deposits,will be paid by check,cashier's check or wired funds.All funds paid by Buyer 12 within 30 DAYS or settlement,including funds paid at settlement,will be by cashier's check or wired funds,but not by personal 13 check. 14 (C) Deposits,regardless of the form 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 all applicable laws and regulations until consummation or termination 17 of this Agreement.Only real estate brokers are required to hold deposits in accordance with the rules and regulations of the State 18 Real Estate Commission.Checks tendered as deposit monies may be held uncashed pending the execution of this Agreement. 19 20 3. SELLER ASSIST(IF APPLICABLE)(1-10) 21 Seller will pay$4,000.00 or %of Purchase Price(0,if not specified)toward 22 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 23 approved by mortgage lender. 24 4. SETTLEMENT AND POSSESSION(1-10) 25 (A) Settlement Date is NOVEMBER 26,2013 ,or before if Buyer and Seller agree. 26 (B) Settlement will occur in the county where the Property is located or in an adjacent county,during normal business hours,unless 27 Buyer and Seller agree otherwise. 28 (C) At time of settlement,the following will be pro-rated on a daily basis between Buyer and Seller,reimbursing where applicable: 29 current taxes(see Notice Regarding Real Estate Taxes);rents;interest on mortgage assumptions;condominium fees and homeowner 30 association fees;water and/or sewer fees,together with any other lienable municipal service fees.All charges will be prorated 31 for the period(s)covered.Seller will pay up to and including the date of settlement and Buyer will pay for all days following 32 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) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here: 37 38 (F) Possession is to be delivered by deed,existing keys and physical possession to a vacant Property free of debris,with all structures 39 broom-clean,at day and time of settlement,unless Seller,before signing this Agreement,has identified in writing that the Property 40 is subject to a lease. 41 (G) If Seller has identified in writing that the Property is subject to a lease,possession is to be delivered by deed,existing keys and 42 assignment of existing leases for the Property,together with security deposits and interest,if any,at day and time of settlement.Seller 43 will not enter into any new leases,nor extend existing leases,for the Property without the written consent of Buyer.Buyer will 44 acknowledge existing lease(s)by initialing the lease(s)at the execution of this Agreement,unless otherwise stated in this Agreement. 45 El Tenant-Occupied Property Addendum(PAR Form TOP)is attached. 46 5. DATES/TIME IS OF THE ESSENCE(1-10) 47 (A) Written acceptance of all parties will be on or before: OCTOBER 5,2013 48 (B) The Settlement Date and all other dates and times identified for the performance of any of the obligations of this Agreement are 49 of the 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 signing 51 and/or initialing it.For purposes of this Agreement,the number of days will be counted from the Execution Date,excluding 52 the day this Agreement was Executed and including the last day of the time period.All changes to this Agreement should be 53 initialed and dated. 54 (D) The Settlement Date is not extended by any other provision of this Agreement and may only be extended by mutual written 55 agreement of the parties. 56 (E) Certain terms and time periods are pre-printed in this Agreement as convenience to the Buyer and Seller.All 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 58 to all parties. 59 6. ZONING(1-10) 60 Failure of this Agreement to contain the zoning classification(except in cases where the property(and each parcel thereof,if subdividable} 61 is zoned solely or primarily to permit single-family dwellings)will render the Agreement voidable at Buyer's option,and,if voided,any 62 deposits tendered by the Buyer will be returned to the Buyer without any requirement for court action. 63 Zoning Classification: RESIDENTIAL DS DS TVS 64 Buyer Initials: / ASR Page 2 of 11 Revised,1/12 Seller Initials:\ / DocuSign Envelope ID:4C57D854-DD42-41 A7-8E4C-ACOF1DDFC039 65 7. FIXTURES AND PERSONAL PROPERTY(1-10) 66 (A) INCLUDED in this sale are all existing items permanently installed in the Property,free of liens,and other items including plumbing; 07 heating;radiator covers;lighting fixtures(including chandeliers and ceiling fans);pool and spa equipment(including covers and 68 cleaning equipment);electric animal fencing systems(excluding collars);garage door openers and transmitters;television antennas; 69 unpotted shrubbery,planting and trees;any remaining heating and cooking fuels stored on the Property at the time of settlement; 70 smoke detectors and carbon monoxide detectors;sump pumps;storage sheds;fences;mailboxes;wall to wall carpeting;existing 71 window screens,storm windows and screen/storm doors;window covering hardware,shades and blinds;awnings;buit-in air 72 conditioners;built-in appliances;the range/oven,unless otherwise stated;and,if owned,water treatment systems,propane tanks, 73 satellite dishes and security systems.Also included: WASHER,DRYER,REFRIGERATOR 74 75 (B) The following items are LEASED(not owned by Seller).Contact the provider/vendor for more information(e.g.water treatment systems, 76 propane tanks,satellite dishes and security systems): 77 (C) EXCLUDED fixtures and items: 78 79 8. MORTGAGE CONTINGENCY(1-10) 80 ❑ WAIVED. This sale is NOT contingent on mortgage financing,although Buyer may obtain mortgage financing and/or the parties may 81 include an appraisal contingency. 82 p ELECTED 83 (A) This sale is contingent upon Buyer obtaining mortgage financing according to the following terms: 84 First Mortgage on the Property Second Mortgage on the Property 85 Loan Amount$ 152,625.00 Loan Amount$ 86 Minimum Term 30 years Minimum Term years 87 Type of mortgage FHA Type of mortgage 88 Loan-To-Value(LTV)ratio: Loan-To-Value(LTV)ratio: 89 For non-FHA/VA loans LTV ratio not to exceed % For non-FHA/VA loans LTV ratio not to exceed ok 90 Mortgage lender FULTON MORTGAGE Mortgage lender 91 92 Interest rate 4.00 %;however,Buyer agrees to accept the Interest rate %;however,Buyer agrees to accept the 93 interest rate as may be committed by the mortgage lender,not interest rate as may a committed by the mortgage lender,not 94 to exceed a maximum interest rate of 4.50 %. to exceed a maximum interest rate of %. 95 Discount points,loan origination,loan placement and other fees Discount points,loan origination,loan p ac— eland other fees 96 charged by the lender as a percentage of the mortgage loan(exclud- charged by the lender as a percentage of the mortgage loan(exclud- 97 ing any mortgage insurance premiums or VA funding fee)not to ing any mortgage insurance premiums or VA funding fee)not to 98 exceed %(0%if not specified)of the mortgage loan. exceed %(0%if not specified)of the mortgage loan. 99 (B) The interest rate(s)and fee(s)provisions in Paragraph 8(A)are satisfied if the mortgage lender(s)gives Buyer the right to guarantee the 100 interest rate(s)and fee(s)at or below the maximum levels stated.If lender(s)gives Buyer the right to lock in the interest rate(s),Buyer 101 will do so at least 15 days before Settlement Date.Buyer gives Seller the right,at Seller's sole option and as permitted by law and 102 the mortgage lender(s),to contribute financially,without promise of reimbursement,to the Buyer and/or the mortgage lender(s)to 103 make the above mortgage term(s)available to Buyer. 104 (C) Within days(7 if not specified)from the Execution Date of this Agreement,Buyer will make a completed,written mortgage 105 application(including payment for and ordering of appraisal and credit reports without delay,at the time required by lender(s))for the 106 mortgage terms and to the mortgage lender(s)identified in Paragraph 8(A),if any,otherwise to a responsible mortgage lender(s),of 107 Buyer's choice.Broker for Buyer,if any,otherwise Broker for Seller,is authorized to communicate with the mortgage lender(s)to assist 108 in the mortgage loan process. 109 (D) Buyer will be in default of this Agreement if Buyer furnishes false information to anyone concerning Buyer's financial and/or 110 employment status,fails to cooperate in good faith with processing the mortgage loan application(including delay of the 111 appraisal),fails to lock in interest rate(s)as stated in Paragraph 8(B),or otherwise causes the lender to reject,refuse to 112 approve or issue a mortgage loan commitment. 113 (E) 1. Mortgage Commitment Date: Nov 21,2013 .Upon receiving a mortgage commitment,Buyer will promptly deliver a 114 copy of the commitment to Seller. 115 2. If Seller does not receive a copy of the mortgage commitment(s)by the Mortgage Commitment Date,Seller may terminate this 116 Agreement by written notice to Buyer.Seller's right to terminate continues until Buyer delivers a mortgage commitment to Seller. 117 Until Seller terminates this Agreement,Buyer is obligated to make a good-faith effort to obtain mortgage financing. 118 3. Seller may terminate this Agreement by written notice to Buyer after the Mortgage Commitment Date if the mortgage commitment: 119 a. Does not satisfy the terms of Paragraph 8(A),OR 120 b. Contains any condition not specified in this Agreement(e.g.the Buyer must settle on another property,an appraisal must be 121 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 Mortgage Commitment Date in paragraph 8(E)(1), 123 or any extension thereof,other than those conditionsTare customarily satisfied at or near settlement(e.g.,obtaining 124 insurance,confirming employment). 125 4. If this Agreement is terminated pursuant to Paragraphs 8(E)(2)or(3),or the mortgage loan(s)is not obtained for settlement,all 126 deposit monies will be returned to Buyer according to the terms of Paragraph 23 and this Agreement will be VOID.Buyer will be 127 responsible for any costs incurred by Buyer for any inspections or certifications obtained according to the terms of this Agreement, 128 and any costs incurred by Buyer for:(1)Title search,title insurance and/or mechanics'lien insurance,or any fee for cancellation;(2) 129 r-Flosd insurance,fire insurance,hazard insurance,mine subsidence insurance,or any fee for cancellation;(3) risal fees and 130 *Vs paid in advance to mortgage lender(s). ,(VS. 131 Buyer Initials:'- / ___ ASR Page 3 of 11 Revised 1/12 Seller Initials: / DocuSign Envelope ID:4C57D854-DD42-41 A7-8E4C-ACOF1DDFC039 132 (F) If the mortgage lender(s),or a property and casualty insurer providing insurance required by the mortgage lender(s),require repairs 133 by the mortgage lender(s),requires repairs to the Property,Buyer will,upon receiving the requirements,deliver a copy of the 134 requirements to Seller.Within 5 DAYS of receiving the copy of the requirements,Seller will notify Buyer whether Seller will make 135 the required repairs at Seller's expense. 136 1. If Seller makes the required repairs to the satisfaction of the mortgage lender and/or insurer,Buyer accepts the Property and 137 agrees to the RELEASE in Paragraph 25 of this Agreement. 138 2. If Seller will not make the required repairs,or if Seller fails to respond within the stated time,Buyer will,within 5 DAYS, 139 notify Seller of Buyer's choice to: 140 a. Make the repairs/improvements at Buyer's expense,with permission and access to the Property given by Seller,which will 141 not be unreasonably withheld,OR 142 b. Terminate this Agreement by written notice to Seller,with all deposit monies returned to Buyer according to the terms of 143 Paragraph 23 of this Agreement. 144 If Buyer fails to respond within the time stated in Paragraph 8(F)(2)or fails to terminate the Agreement by written notice 145 to Seller within that time,Buyer will accept the Property and agree to the RELEASE in Paragraph 25 of this Agreement. 146 147 FHA/VA,IF APPLICABLE 148 (G) It is expressly agreed that notwithstanding any other provisions of this contract,Buyer will not be obligated to complete the purchase 149 of the Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless Buyer has been 150 given,in accordance with HUD/FHA or VA requirements,a written statement by the Federal Housing Commissioner,Veterans 151 Administration,or a Direct Endorsement Lender setting forth the appraised value of the Property of not less than$152,625.00 152 (the Purchase Price as stated in this Agreement).Buyer will have the privilege and option of proceeding with consummation of the 153 contract without regard to the amount of the appraised valuation.The appraised valuation is arrived at to determine the maximum 154 mortgage the Department of Housing and Urban Development will insure.HUD does not warrant the value nor the condition of the 155 Property.Buyer should satisfy himself/herself that the price and condition of the Property are acceptable. 156 Warning:Section 1010 of Title 18,U.S.C.,Department of Housing and Urban Development and Federal Housing Administration 157 Transactions,provides,"Whoever for the purpose of...influencing in any way the action of such Department,makes,passes,utters 158 or publishes any statement,knowing the same to be false shall be fined under this title or imprisoned not more than two years, 159 or both." 160 (H) U.S.Department of Housing and Urban Development(HUD)NOTICE TO PURCHASERS:Buyer's Acknowledgement 161 ❑ Buyer has received the HUD Notice"For Your Protection:Get a Home Inspection."Buyer understands the importance of getting 162 an independent home inspection and has thought about this before signing this Agreement.Buyer understands that FHA will 163 not perform a home inspection nor guarantee the price or condition of the Property. 164 (I) Certification We the undersigned,Seller(s)and Buyer(s)party to this transaction each certify that the terms of this contract for 165 purchase are true to the best of our knowledge and belief,and that any other agreement entered into by any of these parties in 166 connection with this transaction is attached to this Agreement. 167 9. CHANGE IN BUYER'S FINANCIAL STATUS(3-11) 168 In the event of a change in Buyer's financial status affecting Buyer's ability to purchase,Buyer shall promptly notify Seller and lender(s) 169 to whom the Buyer submitted mortgage application,if any.A change in financial status includes,but is not limited to,loss or a change in 170 employment;failure or loss of sale of Buyer's home;Buyer's having incurred a new financial obligation;entry of a judgement against Buyer. 171 Buyer understands that applying for and/or incurring an additional financial obligation may affect Buyer's ability to purchase. 172 173 10. SELLER REPRESENTATIONS(1-10) 174 (A) Radon Testing and Remediation(see Notice Regarding Radon) 175 Seller has no knowledge about the presence or absence of radon unless checked below: 176 ❑ 1. Seller has knowledge that the Property was tested on the dates and by the methods(e.g.charcoal canister,alpha track,etc.), 177 which produced the results indicated below: 178 Date Type of Test Results(picoCuries/litre or working levels) Name of Testing Service 179 180 181 ❑ 2. Seller has knowledge that the Property had radon removal system(s)installed as indicated below: 182 Date Installed Type of System Provider 183 184 185 Copies of all available test reports will be delivered to Buyer with this Agreement.Seller does not warrant the meth- 186 ods or the results of radon test. 187 (B) Status of Water 188 Seller represents that the Property is served by: 189 p Public Water ❑ Community Water ❑ On-site Water ❑ None ❑ 190 (C) Status of Sewer 191 Seller represents that the Property is served by: 192 p Public Sewer ❑ Community Sewage Disposal System ❑ Ten-Acre Permit Exemption(see Sewage Notice 2) 193 ❑ Individual On-lot Sewage Disposal System(see Sewage Notice 1) ❑ Holding Tank(see Sewage Notice 3) 194 ❑ Individual On-lot Sewage Disposal System in Proximity to Well(see Sewage Notice 1;see Sewage Notice 4;if applicable) 195 ❑ None(see Sewage Notice 1) ❑ None Available/Permit Limitations in Effect(see Sewage Notice 5) 196 DS os PDS. 197 Buyer Initials: / ASR Page 4 of 11 Revised 1/12 Seller Initials: `/ DocuSign Envelope ID:4C57D854-DD42-41 A7-8E4C-ACOFIDDFC039 198 (D) Historic Preservation 199 Seller is not aware of historic preservation restrictions regarding the Property unless otherwise stated here: '200 201 (E) ❑ Property,or a portion of it,is preferentially assessed for tax purposes under the following Act(s)(see Notices Regarding Land 202 Use Restrictions): 203 ❑ Farmland and Forest Land Assessment Act(Clean and Green Program;Act 319 of 1974;72 P.S.§5490.1 et seq.) 204 ❑ Open Space Act(Act 442 of 1967;32 P.S.§5001 et seq.) 205 ❑ Agricultural Area Security Law(Act 43 of 1981;3 P.S.§901 et seq.) 206 ❑ Other 207 (F) Seller represents,as of the date Seller signed this Agreement,that no public improvement,condominium or homeowner association 208 assessments have been made against the Property which remain unpaid,and that no notice by any government or public authority 209 has been served upon Seller or anyone on Seller's behalf,including notices relating to violations of zoning,housing,building,safety, 210 or fire ordinances that remain uncorrected,and that Seller knows of no condition that would constitute a violation of any such 211 ordinances that remain uncorrected,unless otherwise specified here: 212 213 (G) Seller knows of no other potential notices(including violations)and/or assessments except as follows: 214 215 (H) Access to a public road may require issuance of a highway occupancy permit from the Department of Transportation. 216 11. WAIVER OF CONTINGENCIES(9-05) 217 If this Agreement is contingent on Buyer's right to inspect and/or repair the Property,or to verify insurability,environmental 218 conditions,boundaries,certifications,zoning classification or use,or any other information regarding the Property,Buyer's failure 219 to exercise any of Buyer's options within the times set forth in this Agreement is a WAIVER of that contingency and Buyer accepts 220 the Property and agrees to the RELEASE in Paragraph 25 of this Agreement. 221 12. INSPECTIONS(1-10)(See Notices Regarding Property and Environmental Inspections) 222 (A) Rights and Responsibilities 223 1. Seller will provide access to insurers'representatives and,as may be required by this Agreement or by mortgage lender(s),to 224 surveyors,municipal officials,appraisers and inspectors.All parties and their real estate licensee(s)may attend any inspections. 225 2. Buyer may make a pre-settlement walk-through inspection of the Property.Buyer's right to this inspection is not waived by any 226 other provision of this Agreement. 227 3. Seller will have heating and all utilities(including fuel(s))on for all inspections/appraisals. 228 4. All inspectors,including home inspectors,are authorized by Buyer to provide a copy of any inspection report to Broker for Buyer. 229 5. Seller has the right,upon request,to receive a free copy of any inspection report from the party for whom it was prepared. 230 (B) Buyer waives or elects,at Buyer's expense,to have the following Inspections,certifications,and investigations(referred to as 231 "Inspection"or"Inspections")performed by professional contractors,home inspections,engineers,architects and other properly 232 licensed or otherwise qualified professionals.If the same inspector is inspecting more than one system,the inspector must comply 233 with the Home Inspection Law.(See Notice Regarding the Home Inspection Law) 234 (C) For such elected Inspections,Buyer will,within the Contingency Period(s)stated in Paragraph 13(A),complete Inspections,obtain 235 any Inspection reports or results(referred to as"Report"or"Reports"),and accept the Property,terminate the Agreement,or submit a 236 Written Corrective Proposal(s)to Seller,according to the terms of Paragraph 13(B). 237 Home/Property and Environmental Hazards(mold,etc.) DS 238 Elected Buyer may conduct an inspection of the Property's structural components;roof;exterior windows and exterior doors; iIrked 239 / exterior siding,Exterior Insulation and Finish Systems,fascia,gutters and downspouts;swimming pools,hot tubs and /_ 240 spas;appliances;electrical systems;interior and exterior plumbing;public sewer systems;heating and cooling systems; 241 water penetration;electromagnetic fields;wetlands and flood plain delineation;structure square footage;mold and 242 other environmental hazards(e.g.fungi,indoor air quality,asbestos,underground storage tanks,etc.);and any other 243 items Buyer may select.If Buyer elects to have a home inspection of the Property,as defined in the Home Inspection 244 Law,the home inspection must be performed by a full member in good standing of a national home inspection 245 association,or a person supervised by a full member of a national home inspection association,in accordance with 246 the ethical standards and code of conduct or practice of that association,or by a properly licensed or registered 247 engineer or architect.(see Notice Regarding the Home Inspection Law) 24 DS Wood Infestation 241 ted Buyer may obtain a written"Wood-Destroying Insect Infestation Inspection Report"from an inspector certified as a 25 / wood-destroying pests pesticide applicator and will deliver it and all supporting documents and drawings provided Waived 251 by the inspector to Seller.The Report is to be made satisfactory to and in compliance with applicable laws,mortgage / 252 lender requirements,or Federal Insuring and Guaranteeing Agency requirements.The Inspection is to be limited 253 to all readily-visible and accessible areas of all structures on the Property,except fences.If the Inspection reveals 254 active infestation(s),Buyer,at Buyer's Expense,may obtain a Proposal from a wood-destroying pests pesticide 255 applicator to treat the Property.If the Inspection reveals damage from active or previous infestations(s),Buyer may 256 obtain a written report from a professional contractor,home inspector or structural engineer that is limited to 257 structural damage to the property caused by wood-destroying organisms and a Proposal to repair the Property. 258 Water Service Ds 259 Elected Buyer may obtain an Inspection of the quality and quantity of the water system from a properly licensed or otherwise V�/ �J led 260 / qualified water/well testing company.If and as required by the inspection company,Seller,at Seller's expense,will "`C,/ 261 locate and provide access to the on-site(or individual)water system.Seller will restore the Property to its previous 262 condition,at Seller's expense,prior to settlement. FA ADSc 263 Buyer Initials: /_,_ ASR Page 5 of 11 Revised 1/12 Seller Initials:` / DocuSign Envelope ID:4C57D854-DD42-41A7-8E4C-ACOFIDDFC039 264 Radon DS 265 Elected Buyer may obtain a radon test of the Property from a certified inspector.The U.S.Environmental Protection Agency ()Vetted '266 / (EPA)advises corrective action if the average annual exposure to radon is at or exceeds 0.02 working levels or 267 4 picoCuries/litre(4pCi/L). 268 On-lot Sewage(If Applicable) DS 269 Elected Buyer may obtain an inspection of the individual on-lot sewage disposal system from a qualified,professional r (iti'ed 270 / inspector.If and as required by the inspection company,Seller,at Seller's expense,will locate,provide access to, / 271 and empty the individual on-lot-sewage disposal system.Seller will restore the Property to its previous condition, 272 at Seller's expense,prior to settlement.See paragraph 13(C)for more information regarding the Individual On-lot 273 Sewage Inspection Contingency. 274 Ds Property Insurance 275 ���ikted Buyer may determine the insurability of the Property by making application for property and casualty insurance Waived 276 / for the Property to a responsible insurer.Broker for Buyer,if any,otherwise Broker for Seller,may communicate 277 with the insurer to assist in the insurance process.If the Property is located in a flood plain,Buyer may be required 278 to carry flood insurance at Buyer's expense,which may need to be ordered 14 days or more prior to Settlement Date. 279 Property Boundary DS 280 Elected Buyer may engage the services of a surveyor,title abstractor,or other qualified professional to assess the legal Fffitited 281 / description,certainty and location of boundaries and/or quantum of land.Most Sellers have not had the Property / 282 surveyed as it is not a requirement of property transfer in Pennsylvania.Any fences,hedges,walls and other natural 283 or constructed barriers may or may not represent the true boundary lines of the Property.Any numerical 284 representations of size of property are approximations only and may be innaccurate. 285 Deeds,Restrictions and Zoning DS 286 Elected Buyer may investigate easements,deed and use restrictions(including any historic preservation restrictions or FO4t0ed 287 / ordinances)that apply to the Property and review local zoning ordinances.Buyer may verify that the present use / 288 of the Property(such as in-law quarters,apartments,home office,day care)is permitted and may elect to make the 289 Agreement contingent upon an anticipated use.Present use: 290 Lead-Based Paint Hazards(For Properties prior to 1978 only) DS 291 Elected Before Buyer is obligated to purchase a residential dwelling built prior to 1978,Buyer has the option to conduct a p1 ,iMed 292 / risk assessment and/or inspection of the Property for the presence of lead-based paint and/or lead based paint haz- / 293 ards unless Buyer waives that right.Regardless of whether this inspection is elected or waived,the Residential 294 Lead-Based Paint Hazard Reduction Act requires a Seller of property built prior to 1978 to provide the 295 Buyer with an EPA-approved lead hazards information pamphlet titled Protect Your Family from Lead in 296 Your Home,along with a separate form,attached to this Agreement,disclosing Seller's knowledge of lead- 297 based paint hazards and any lead-based paint records regarding the Property.(See Notices Regarding 298 Residential Lead-Based Paint Hazards Reduction Act) DS 299 Elected Other 300 301 302 303 The Inspections elected above do not apply to the following existing conditions and/or items: 304 305 306 13. INSPECTION CONTINGENCY(1-10) 307 (A) The Contingency Period is days(10 if not specified)from the Execution Date of this Agreement for each Inspection elected in 308 Paragraph 12(C),except the following: 309 Inspection Contingency Period 310 days 311 days 312 days 313 days 314 (B) Except as stated in Paragraph 13(C),if the result of any inspection elected in Paragraph 12(C)is unsatisfactory to Buyer,Buyer will, 315 with in the stated Contingency Period: 316 1. Accept the Property with the information stated in the Report(s)and agree to the RELEASE in Paragraph 25 of this Agreement,OR 317 2. Terminate this Agreement by written notice to Seller,with all deposit monies returned to Buyer according to the terms of 318 Paragraph 23 of this Agreement,OR 319 3. Present the report(s)to Seller with a Written Corrective Proposal("Proposal")listing corrections and/or credits desired by 320 Buyer.The Proposal may,but is not required to,include the name of a properly-licensed or qualified professional to perform the 321 corrections requested in the Proposal,provisions for payment,including retests,and a projected date for completion of the correct- 322 ions.Buyer agrees that Seller will not be held liable for corrections that do not comply with mortgage lender or governmental requi- 323 rements if performed in a workmanlike manner according to the terms of Buyer's Proposal. 324 a. No later than days(5 if not specified)from the end of the Contingency Period(s),Seller will inform Buyer in writing that 325 Seller will: 326 (1) Satisfy all the terms of Buyer's Proposal(s),OR 327 (2) Not satisfy all the terms of Buyer's Proposal(s),OR 328 b. If Seller agrees to satisfy the terms of Buyer's Proposal or Buyer and Seller enter into a mutually acceptable written agreement, 329 DS Buyer accepts the Property and agrees to the RELEASE in Paragraph 25 of this Agreement. Ds 330 cOtiltikIthin days(2 if not specified)of the receipt of written notification that Seller will not satisfy all tom Uyer's 331 Buyer Initials: / _ ASR Page 6 of 11 Revised 1/12 Seller Initials: J DocuSign Envelope ID:4C57D854-DD42-41A7-8E4C-ACOF1DDFC039 332 Proposal,or the time stated in paragraph 13(B)(3)(a)if Seller fails to choose either option in writing,whichever occurs first, 333 Buyer will: • 34 (1) Accept the Property with the information stated in the Report(s)and agree to the RELEASE in Paragraph 25 of this 335 Agreement,OR 336 (2) Terminate this Agreement by written notice to Seller,with all deposit monies returned to Buyer according to the terms 337 of Paragraph 23 of this Agreement. 338 (3) Enter into a mutually acceptable written agreement with Seller,providing for any repairs or improvements to the 339 Property and/or any credit to Buyer at settlement,as acceptable to the mortgage lender,if any. 340 If Buyer fails to respond within the time stated in Paragraph 13(B)(3)(c)or fails to terminate this Agreement by written 341 notice to Seller within that time,Buyer will accept the Property and agree to the RELEASE in Paragraph 25 of this 342 Agreement. 343 (C) If a Report reveals the need to expand or replace the existing individual on-lot sewage disposal system,Seller may,within days 344 (25 if not specified)of receiving the Report,submit a Proposal to Buyer.The Proposal will include,but not be limited to,the name of 345 the company to perform the expansion or replacement;provisions for payment,including retests;and a projected completion date 346 for corrective measures.Within 5 DAYS of receiving Seller's Proposal,or if no Proposal is provided within the stated time, 347 Buyer will notify Seller in writing of Buyer's choice to: 348 1. Agree to the terms of the Proposal,accept the Property and agrees to the RELEASE in Paragraph 25 of this Agreement,OR 349 2. Terminate this Agreement by written notice to Seller,with all deposit monies returned to Buyer according to the terms of Paragraph 350 23 of this Agreement,OR 351 3. Accept the Property and the existing system and agree to the RELEASE in Paragraph 25 of this Agreement.If required by any 352 mortgage lender and/or any governmental authority,Buyer will correct the defects before settlement or within the time required 353 by the mortgage lender and/or governmental authority,at Buyer's sole expense,with permission and access to the Property given 354 by Seller that may not be unreasonably withheld.If Seller denies Buyer permission and/or access to correct the defects,Buyer 355 may,within 5 DAYS of Seller's denial,terminate this Agreement by written notice to Seller,with all deposit monies returned to 356 Buyer according to the terms of Paragraph 23 of this Agreement. 357 If Buyer fails to respond within the time stated in Paragraph 13(C)or fails to terminate this Agreement by written notice to 358 Seller within that time,Buyer will accept the Property and agree to the RELEASE in Paragraph 25 of this Agreement. 359 14. NOTICES,ASSESSMENTS AND MUNICIPAL REQUIREMENTS(1-10) 360 (A) In the event any notices,including violations,and/or assessments are received after Seller has signed this Agreement and before 361 settlement,Seller will within 5 DAYS of receiving the notices and/or assessments provide a copy of the notices and/or assess- 362 ments to Buyer and will notify Buyer in writing that Seller will: 363 1. Fully comply with the notices and/or assessments,at Seller's expenses,before settlement.If Seller fully complies with the notices 364 and/or assessments,Buyer accepts the Property and agrees to the RELEASE in Paragraph 25 of this Agreement.OR 365 2. Not comply with the notices and/or assessments.If Seller chooses not to comply with the notices and/or assessments,or fails 366 within the stated time to notify Buyer whether Seller will comply,Buyer will notify Seller in writing within 5 DAYS 367 that Buyer will: 368 a. Comply with the notices and/or assessments at Buyer's expense,accept the Property,and agree to the RELEASE in 369 Paragraph 25 of this Agreement,OR 370 b. Terminate this Agreement by written notice to Seller,with all deposit monies returned to Buyer according to the terms of 371 Paragraph 23 of this Agreement. 372 If Buyer fails to respond within the time stated in Paragraph 14(A)(2)or fails to terminate this Agreement by written notice 373 to Seller within that time,Buyer will accept the Property and agree to the RELEASE in Paragraph 25 of this Agreement 374 (B) If required by law,within 30 DAYS from the Execution Date of this Agreement,but in no case later than 15 DAYS prior to 375 Settlement Date,Seller will order at Seller's expense a certification from the appropriate municipal department(s)disclosing notice 376 of any uncorrected violations of zoning,housing,building,safety or fire ordinances and/or a certificate permitting occupancy of the 377 Property.If Buyer receives a notice of any required repairs/improvements,Buyer will promptly deliver a copy of the notice to Seller. 378 1. Within 5 DAYS of receiving notice from the municipality that repairs/improvements are required,Seller will deliver a copy of 379 the notice to Buyer and notify Buyer in writing that Seller will: 380 a. Make the required repairs/improvements to the satisfaction of the municipality.If Seller makes the required repairs/ 381 improvements,Buyer accepts the Property and agrees to the RELEASE in Paragraph 25 of this Agreement.OR 382 b. Not make the required repairs/improvements.If Seller chooses not to make the required repairs/improvements,Buyer will 383 notify Seller in writing within 5 DAYS that Buyer will: 384 (1) Make the repairs/improvements at Buyer's expense,with permission and access to the Property given by Seller,which 385 will not be unreasonably withheld,OR 386 (2) Terminate this Agreement by written notice to Seller,with all deposit monies returned to Buyer according to the terms 387 of Paragraph 23 of this Agreement. 388 If Buyer fails to respond within the time stated in Paragraph 14(B)(1)(b)or fails to terminate this Agreement by written 389 notice to Seller within that time,Buyer will accept the Property and agree to the RELEASE in Paragraph 25 of this 390 Agreement,and Buyer accepts the responsibility to perform the repairs/improvements according to the terms of the notice 391 provided by the municipality. 392 2. If Seller denies Buyer permission to make the required repairs/improvements,or does not provide Buyer access before Settlement 393 Date to make the required repairs/improvements,Buyer may,within 5 DAYS,terminate this Agreement by written notice to 394 Seller,with all deposit monies returned to Buyer according to the terms of Paragraph 23 of this Agreement. 395 3. If repairs/improvements are required and Seller fails to provide a copy of the notice to Buyer as required in this Paragraph,Seller 396 will p�s erform all repairs/improvements as required by the notice at Seller's expense.Paragraph 14(B)(3)will survive settlement. rOttfk [TVS os 397 Buyer Initials: / ASR Page 7 of 11 Revised 1/12 Seller Initials: / DocuSign Envelope ID:4C57D854-DD42-41 A7-8E4C-ACOF1DDFC039 398 15. CONDOMINIUM/PLANNED COMMUNITY(HOMEOWNER ASSOCIATIONS)RESALE NOTICE(1-10) 399 Property is NOT a Condominium or part of a Planned Community unless checked below. 400 ❑ CONDOMINIUM.The Property is a unit of a condominium that is primarily run by a unit owners'association.Section 3407 of the 401 Uniform Condominium Act of Pennsylvania(see Notice Regarding Condominiums and Planned Communities)requires Seller to 402 furnish Buyer with a Certificate of Resale and copies of the condominium declaration(other than plats and plans),the bylaws and 403 the rules and regulations of the association. 404 ❑ PLANNED COMMUNITY(HOMEOWNER ASSOCIATION).The Property is part of a planned community as defined by the 405 Uniform Planned Community Act(see Notice Regarding Condominiums and Planned Communities).Section 5407(a)of the Act 406 requires Seller to furnish Buyer with a copy of the Declaration(other than plats and plans),the bylaws,the rules and regulations 407 of the association,and a Certificate containing the provisions set forth in section 5407(a)of the act. 408 THE FOLLOWING APPLIES TO PROPERTIES THAT ARE PART OF A CONDOMINIUM OR A PLANNED COMMUNITY. 409 (A) Within 15 DAYS from the Execution Date of this Agreement,Seller,at Seller's expense,will request from the association a 410 Certificate of Resale and any other documents necessary to enable Seller to comply with the relevant Act.The Act provides that 411 the association is required to provide these documents within 10 days of Seller's request. 412 (B) Seller will promptly deliver to Buyer all documents received from the association.Under the Act,Seller is not liable to Buyer for 413 the failure of the association to provide the Certificate in a timely manner,nor is Seller liable to Buyer for any incorrect information 414 provided by the association in the Certificate. 415 (C) The Act provides that Buyer may declare this Agreement VOID at any time before Buyer receives the association documents and 416 for 5 days after receipt,OR until settlement,whichever occurs first.Buyer's notice to Seller must be in writing;upon Buyer 417 declaring this Agreement void,all deposit monies will be returned to Buyer according to the terms of paragraph 23 of this 418 Agreement. 419 (D) If the association has the right to buy the Property(right of first refusal),and the association exercises that right,Seller will 420 reimburse Buyer for any costs incurred by Buyer for any inspections or certifications obtained according to the terms of the 421 Agreement,and any costs incurred by Buyer for:(1)Title search,title insurance and/or mechanics'lien insurance,or any fee for 422 cancellation;(2)Flood insurance and/or fire insurance with extended coverage,mine subsidence insurance,or any fee for 423 cancellation;(3)Appraisal fees and charges paid in advance to mortgage lender(s). 424 16. TITLES,SURVEYS AND COSTS(1-10) 425 (A) The Property will be conveyed with good and marketable title that is insurable by a reputable title insurance company at the 426 regular rates,free and clear of all liens,encumbrances,and easements,excepting however the following:existing deed 427 restrictions;historic preservation restrictions or ordinances;building restrictions;ordinances;easements of roads;easements 428 visible upon the ground;easements of record;and privileges or rights of public service companies,if any. 429 (B) Buyer will pay for the following:(1)Title search,title insurance and/or mechanics'lien insurance,or any fee for cancellation; 430 (2)Flood insurance,fire insurance,hazard insurance,mine subsidence insurance,or any fee for cancellation;(3)Appraisal fees 431 and charges paid in advance to mortgage lender;(4)Buyer's customary settlement costs and accruals. 432 (C) Any survey or surveys required by the title insurance company or the abstracting company for preparing an adequate legal 433 description of the Property(or the correction thereof)will be obtained and paid for by Seller.Any survey or surveys desired by 434 Buyer or required by the mortgage lender will be obtained and paid for by Buyer. 435 (D) If Seller is unable to give a good and marketable title and such as is insurable by a reputable title insurance company at the 436 regular rates, as specified in paragraph 16(A),Buyer may terminate this Agreement by written notice to Seller,with all deposit 437 monies returned to Buyer according to the terms of Paragraph 23 of this Agreement.Upon termination,Seller will reimburse 438 Buyer for any costs incurred by Buyer for any inspections or certifications obtained according to the terms of this Agreement,and 439 for those items specified in Paragraph 16(B)items(1),(2),(3)and in Paragraph 16(C),unless Buyer accepts existing title. 440 (E) Oil,gas,mineral,or other rights of this Property may have been previously conveyed or leased,and Sellers make no representa- 441 tion about the status of those rights unless indicated elsewhere in this Agreement. 442 ❑ Oil,Gas and Mineral Rights Addendum(PAR Form OGM)is attached. 443 (F) COAL NOTICE(Where Applicable) 444 THIS DOCUMENT MAY NOT SELL,CONVEY,TRANSFER,INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHTS OF SUPPORT UNDERNEATH 445 THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN,AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL 446 RIGHT TO REMOVE ALL SUCH COAL AND IN THAT CONNECTION,DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, 447 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 448 July 17,1957,P.L.984.)"Buyer acknowledges that he may be obtaining the right of protection against subsidence resulting from 449 coal mining operations,and that the property described herein may be protected from damage due to mine subsidence by a 450 private contract with the owners of the economic interests in the coal.This acknowledgement is made for the purpose of 451 complying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27,1966." 452 Buyer agrees to sign the deed from Seller which deed will contain the aforesaid provision. 453 (G) The Property is not a"recreational cabin"as defined in the Pennsylvania Construction Code Act unless otherwise stated here 454 (see Notice Regarding Recreational Cabins): 455 (H) This property is not subject to a Private Transfer Fee Obligation unless otherwise stated here(see Notice Regarding Private 456 Transfer Fees): 457 ❑ Private Transfer Fee Addendum(PAR Form PTF)is attached. 458 17. MAINTENANCE AND RISK OF LOSS(1-10) 459 (A) Seller will maintain the Property,grounds,fixtures and personal property specifically listed in this Agreement in its present condition, 460 normal wear and tear excepted. 461 (B) If any system or appliance included in the sale of Property fails before settlement,Seller will: 462 1. Repair or replace the failed system or appliance before settlement,OR 463 2. Provide prompt written notice to Buyer of Seller's decision to: 464 a. Credit Buyer at settlement for the fair market value of the failed system or appliance,as acceptable tot he mortgage lender, 465 if any,OR DS /�� P.+Dr�S�466 y U 11A ,S Bu er Initials: / ASR Page 8 of 11 Revised 1/12 Seller Initials: / DocuSign Envelope ID:4C57D854-DD42-41A7-8E4C-ACOF1DDFC039 467 b. Not repair or replace the failed system or appliance,and not credit Buyer at settlement for the fair market value of the failed 468 system or appliance. 469 3. If Seller does not repair or replace the failed system or appliance or agree to credit Buyer for its fair market value,or if Seller 470 fails to notify Buyer of Seller's choice,Buyer will notify Seller in writing within 5 DAYS or before Settlement Date, 471 whichever is earlier,that Buyer will: 472 a. Accept the Property and agree to the RELEASE in Paragraph 25 of this Agreement,OR 473 b. Terminate this Agreement by written notice to Seller,with all deposit monies returned to Buyer according to the terms of 474 Paragraph 23 of this Agreement. 475 If Buyer fails to respond within the time stated in Paragraph 17(B)(3)or fails to terminate this Agreement by written 476 notice to Seller within that time,Buyer will accept the Property and agree to the RELEASE in Paragraph 25 of this 477 Agreement. 478 (C) Seller bears the risk of loss from fire or other casualties until settlement.If any property included in this sale is destroyed and not 479 replaced prior to settlement,Buyer will: 480 1. Accept the Property in its then current condition together with the proceeds of any insurance recovery obtainable by Seller,OR 481 2. Terminate this Agreement by written notice to Seller,with all deposit monies returned to Buyer according to the terms of 482 Paragraph 23 of this Agreement. 483 18. HOME WARRANTIES(1-10) 484 At or before settlement,either party may purchase a home warranty for the Property from a third-party vendor.Buyer and Seller understand 485 that a home warranty for the Property does not alter any disclosure requirements of Seller,will not cover or warrant any pre-existing defects 486 of the Property,and will not alter,waive or extend any provisions of this Agreement regarding inspections or certifications that Buyer has 487 elected or waived as part of this Agreement.Buyer and Seller understand that the licensee,broker or mortgage lender who orders the home 488 warranty may possibly receive a fee paid by the home warranty company. 489 19. RECORDING(9-05) 490 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 causes or 491 permits this Agreement to be recorded,Seller may elect to treat such act as a breach of this Agreement. 492 20. ASSIGNMENT(1-10) 493 This Agreement is binding upon the parties,their heirs,personal representatives,guardians and successors,and to the extent assignable, 494 on the assigns of the parties hereto.Buyer will not transfer or assign this Agreement without the written consent of Seller unless other wise 495 stated in this Agreement.Assignment of this Agreement may result in additional transfer taxes. 496 21. GOVERNING LAW,VENUE&PERSONAL JURISDICTION(9-05) 497 (A) The validity amid construction of this Agreement,and the rights and duties of the parties,will be governed in accordance with the laws 498 of the Commonwealth of Pennsylvania. 499 (B) The parties agree that any dispute,controversy or claim arising under or in connection with this Agreement or its performance by either 500 party shall be decided exclusively by and in the state or federal courts sitting in the Commonwealth of Pennsylvania. 501 502 22. REPRESENTATIONS(1-10) 503 (A) All representations,claims,advertising,promotional activities,brochures or plans of any kind made by Seller,Brokers,their licensees, 504 employees,officers or partners are not part of this Agreement unless expressly incorporated or stated in this Agreement.This 505 Agreement contains the whole agreement between Seller and Buyer,and there are no other terms,obligations,covenants, 506 representations,statements or conditions,oral or otherwise,of any kind whatsoever concerning this sale.This Agreement will not be 507 altered,amended,changed or modified except in writing executed by the parties. 508 (B) Unless otherwise stated in this Agreement,Buyer has inspected the Property(including fixtures and any personal property 509 specifically listed herein)before signing this Agreement or has waived the right to do so,and agrees to purchase the Property 510 IN ITS PRESENT CONDITION,subject to inspection contingencies elected in this Agreement.Buyer acknowledges that Brokers, 511 their licensees,employees,officers or partners have not made an independent examination or determination of the 512 structural soundness of the Property,the age or condition of the components,environmental conditions,the permitted uses, 513 nor of conditions existing in the locale where the Property is situated;nor have they made a mechanical inspection of any of 514 the systems contained therein. 515 (C) Any repairs required by this Agreement will be completed in a workmanlike manner. 516 (D) Broker(s)have provided or may provide services to assist unrepresented parties in complying with this Agreement. 517 23. DEFAULT,TERMINATION AND RETURN OF DEPOSITS(1-10) 518 (A) Where Buyer terminates this Agreement pursuant to any right granted by this Agreement,Buyer will be entitled to a return of 519 all deposit monies paid on account of Purchase Price pursuant to the terms of Paragraph 23(B),and this Agreement will be 520 VOID.Termination of this Agreement may occur for other reasons giving rise to claims by Buyer and/or Seller for the deposit 521 monies. 522 (B) Regardless of the apparent entitlement to deposit monies,Pennsylvania law does not allow a Broker holding deposit monies to 523 determine who is entitled to the deposit monies when settlement does not occur.Broker can only release the deposit monies: 524 1. If this Agreement is terminated prior to settlement and there is no dispute over entitlement to the deposit monies.A written 525 agreement signed by both parties is evidence that there is no dispute regarding deposit monies. 526 2. If,after Broker has received deposit monies,Broker receives a written agreement that is signed by Buyer and Seller,directing 527 Broker how to distribute some or all of the deposit monies. 528 3. According to the terms of a final order of court. 529 4. According to the terms of a prior written agreement between Buyer and Seller that directs the Broker how to distribute the 530 deposit monies if there is a dispute between the parties that is not resolved.(See Paragraph 23(C)) DS os POD 'MS 531 Buyer Initials: / ASR Page 9 of 11 Revised 1/12 Seller Initials: DocuSign Envelope ID:4C57D854-DD42-41 A7-8E4C-ACOF1DDFC039 532 (C) Buyer and Seller agree that if there is a dispute over the entitlement to deposit monies that is unresolved 365 days after 533 the Settlement Date stated in Paragraph 4(A),or any written extensions thereof,the Broker holding the deposit monies will,within 534 30 days of receipt of Buyer's written request,distribute the deposit monies to Buyer unless the Broker is in receipt of verifiable 535 written notice that the dispute is the subject of litigation.If Broker has received verifiable written notice of litigation prior 536 to the receipt of Buyer's request for distribution,Broker will continue to hold the deposit monies until receipt of a written distribution 537 agreement between Buyer and Seller or a final court order.Buyer and Seller are advised to initiate litigation for any portion 538 of the deposit monies prior to any distribution made by Broker pursuant to this paragraph.Buyer and Seller agree that the 539 distribution of deposit monies based upon the passage of time does not legally determine entitlement to deposit monies,and that 540 the parties maintain their legal rights to pursue litigation even after a distribution is made. 541 (D) Buyer and Seller agree that Broker who holds or distributes deposit monies pursuant to the terms of Paragraph 23 or Pennsylvania 542 law will not be liable.Buyer and Seller agree that if any Broker or affiliated licensee is named in litigation regarding deposit 543 monies,the attorneys'fees and costs of the Broker(s)and licensee(s)will be paid by the party naming them in litigation. 544 (E) Seller has the option of retaining all sums paid by Buyer,including the deposit monies,should Buyer: 545 1. Fail to make any additional payments as specified in Paragraph 2,OR 546 2. Furnish false or incomplete information to Seller,Broker(s),or any other party identified in this Agreement concerning Buyer's 547 legal or financial status,OR 548 3. Violate or fail to fulfill and perform any other terms or conditions of this Agreement. 549 (F) Unless otherwise checked in Paragraph 23(G),Seller may elect to retain those sums paid by Buyer,including deposit monies: 550 1. On account of purchase price,OR 551 2. As monies to be applied to Seller's damages,OR 552 3. As liquidated damages for such default. 553 (G) © SELLER IS LIMITED TO RETAINING SUMS PAID BY BUYER,INCLUDING DEPOSIT MONIES,AS LIQUIDATED DAMAGES. 554 555 (H) If Seller retains all sums paid by Buyer,including deposit monies,as liquidated damages pursuant to Paragraph 23(F)or(G),Buyer 556 and Seller are released from further liability or obligation and this Agreement is VOID. 557 (I) Brokers and licensees are not responsible for unpaid deposits. 558 24. MEDIATION(1-10) 559 Buyer and Seller will submit all disputes or claims that arise from this Agreement,including disputes and claims over deposit monies, 560 to mediation.Mediation will be conducted in accordance with the Rules and Procedures of the Home Sellers/Home Buyers Dispute 561 Resolution System,unless it is not available,in which case Buyer and Seller will mediate according to the terms of the mediation system 562 offered by the local Association of REALTORS®.Mediation fees,contained in the mediator's fee schedule,will be divided equally among the 563 parties and will be paid before the mediation conference.This mediation process must be concluded before any party to the dispute may 564 initiate legal proceedings in any courtroom,with the exception of filing a summons if it is necessary to stop any statute of limitations from 565 expiring.Any agreement reached through mediation and signed by the parties will be binding(see Notice Regarding Mediation).Any 566 agreement to mediate disputes or claims arising from this Agreement will survive settlement. 567 25. RELEASE(9-05) 568 Buyer releases,quit claims and forever discharges SELLER,ALL BROKERS,their LICENSEES,EMPLOYEES and any OFFICER 569 or PARTNER of any one of them and any other PERSON,FIRM or CORPORATION who may be liable by or through them,from 570 any and all claims,losses or demands,including,but not limited to,personal injury and property damage and all of the 571 consequences thereof,whether known or not,which may arise from the presence of termites or other wood-boring insects,radon, 572 lead-based paint hazards,mold,fungi or indoor air quality,environmental hazards,any defects in the individual on-lot sewage 573 disposal system or deficiencies in the on-site water service system,unknown title defects,or any defects or conditions on the 574 Property.Should Seller be in default under the terms of this Agreement,or in violation of any seller disclosure law or regulation, 575 this release does not deprive Buyer of any right to pursue any remedies that may be available under law or equity.This release 576 will survive settlement. 577 26. REAL ESTATE RECOVERY FUND(9-05) 578 A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real estate 579 licensee owing to fraud,misrepresentation,or deceit in a real estate transaction and who have been unable to collect the judgment after 580 exhausting all legal and equitable remedies.For complete details about the Fund,call(717)783-3658 or(800)822-2113(within 581 Pennsylvania)and(717)783-4854(outside Pennsylvania). 582 27. COMMUNICATIONS WITH BUYER AND/OR SELLER(1-10) 583 Wherever this Agreement contains a provision that requires or allows communication/delivery to a Buyer,that provision shall be 584 satisfied by communication/delivery to the Broker for Buyer,if any,except for documents required to be delivered pursuant to 585 Paragraph 15.If there is no Broker for Buyer,those provisions may be satisfied only by communication/delivery being made directly to 586 the Buyer,unless otherwise agreed to by the parties.Wherever this Agreement contains a provision that requires or allows communicat- 587 ion/delivery to a Seller,that provision shall be satisfied by communication/delivery to the Broker for Seller,if any.If there is no Broker for 588 Seller,those provisions may be satisfied only by communication/delivery being made directly to the Seller,unless otherwise agreed to 589 by the parties. 590 28. SPECIAL CLAUSES(11-09) 591 (A) The following are part of this Agreement if checked: 592 ❑ Sale&Settlement of Other Property Contingency Addendum(PAR Form SSP) 593 ❑ Sale&Settlement of Other Property Contingency with Right to Continue Marketing Addendum(PAR Form SSP-CM) 594 ❑ Settlement of Other Property Contingency Addendum(PAR Form SOP) 595 ❑ Short Sale Addendum to Agreement of Sale(PAR Form SHS) 596 ❑ Appraisal Contingency Addendum(PAR Form ACA) 597 ❑ 598 ❑ 599 DS r S t+ rDS s 600 Buyer Initials: /_ ASR Page 10 of 11 Revised 1/12 Seller Initials: / DocuSign Envelope ID:4C57D854-DD42-41 A7-8E4C-ACOF1DDFC039 601 (B) Additional Terms: 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 Buyer and Seller acknowledge receipt of a copy of this Agreement at the time of signing. 619 This Agreement may be executed in one or more counterparts,each of which shall be deemed to be an original and which counterparts 620 together shall constitute one and the same Agreement of the Parties. 621 NOTICE TO PARTIES:WHEN SIGNED,THIS AGREEMENT IS A BINDING CONTRACT.Parties to this transaction are advised to consult a 622 Pennsylvania real estate attorney before signing if they desire legal advice. 623 Return of this Agreement,and any addenda and amendments,including return by electronic transmission,bearing the signatures of 62' Is.ries,constitutes acceptance by the parties. 62' — Buyer has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa.code§35.336. 62:11/171,4V Buyer has received a statement of Buyer's estimated closing costs before signing this Agreement. 628 t/U,na Buyer has read and understands the notices and explanatory information in this Agreement. Ds Buyer has received a Seller's Property Disclosure Statement before signing this Agreement,if required by law(see 629 1 Information Regarding the Real Estate Seller Disclosure Law). 630 .s / Buyer has received the Deposit Money Notice(for cooperative sales when Broker for seller is holding deposit money) 63 I[ • before signing this Agreement. 63. / Buyer has received the Lead-Based Paint Hazards Disclosure,which is attached to this Agreement of Sale,and the 633 pamphlet Protect Your Family from Lead in Your Home(for properties built prior to 1978) 634 —DocuSigned by: 635 WITNESS BUYER aLleiS.it.F_ At thtStiNiti DATE 10/3/2013 `-570B8751D7DA496... 636 WITNESS BUYER DATE 637 WITNESS BUYER DATE 638 Seller has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa.Code§35.336. 639 Seller has received a statement of Seller's estimated closing costs before signing this Agreement. 640 Seller has read and understands the notices and explanatory information in this Agreement. DocuSigned by: 641 WITNESS SELLER Etimogui Si r DATE 10/3/2013 642 WITNESS SELLER 528824EBBBA7472... DATE 643 WITNESS SELLER DATE ASR Page 11 of 11 Revised 1/12 DocuSign Envelope ID:4C57D854-DD42-41A7-8E4C-ACOF1DDFC039 NOTICE REGARDING CONVICTED SEX OFFENDERS(MEGAN'S LAW) The Pennsylvania General Assembly has passed legislation(often referred to as"Megan's Law,"42 Pa.C.S.§9791 et.seq.)providing for community notification of the presence of certain convicted sex offenders.Buyers are encouraged to contact the municipal police department or the Pennsylvania State Police for information relating to the presence of sex offenders near a particular property,or to check the information on the Pennsylvania State Police Web site at www.pameganslaw.state.pa.us. Foreign Investment in Real Property Tax Act of 1980(FIRPTA) The disposition 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.FIRPTA authorized the United States to tax foreign persons on dispositions of U.S.real proeprty interests.This includes but is not limited to a sale or exchange,liquidation,redemption,gift,transfers,etc.Persons purchasing U.S.real property interests(transferee)from foreign persons,certain purchasers'agents,and settlement officers are required to withhold 10 percent of the amount realized(special rules for foreign corporations).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 liable for the tax. NOTICE REGARDING REAL ESTATE TAXES(Paragraph 2:Purchase Price and Deposits) Real Estate Tax Proration:For purposes of prorating real estate taxes,the"periods covered"by the tax bills are as follows: Municipal Taxes: For all 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 31. Real Estate Assessment Notice:In Pennsylvania,taxing authorities(school districts and municipalities)and property owners may appeal the assessed value for the property at the time of sale,or at any time thereafter.A successful appeal by a taxing authority may result in 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 FINANCING(Paragraph 8:Mortgage Contingency) The appraised value of a 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 underwriter review,and may be higher or lower than the Purchase Price and/or market price of the property. The Loan-To-Value(LTV)is used by lenders as one tool to help assess the potential risk of a mortgage loan.LTV is determined 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 certain loans,or Buyers might be required to pay additional fees if the LTV exceeds a specified level. NOTICE REGARDING TRUTH IN LENDING(Paragraph 8:Mortgage Contingency) The Mortgage Disclosure Improvement Act requires mortgage lenders to provide Buyer with a Truth in Lending(TIL)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 statement 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 be changed by more than.125 percent by 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 in writing and with the signatures of both parties. DS DS PO- FITS Buyer Initials: / Back of Page 1 Seller Initials: DocuSign Envelope ID:4C57D854-DD42-41 A7-8E4C-ACOF1DDFC039 SEWAGE NOTICES(Paragraph 10:Seller Representations) NOTICES PURSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT NOTICE 1: THERE IS NO CURRENTLY EXISTING COMMUNITY SEWAGE SYSTEM AVAILABLE FOR THE SUBJECT PROPERTY. Section 7 of the Pennsylvania Sewage Facilities Act provides that no person shall install,construct,request bid proposals 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 requirements 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 INDIVIDUAL SEWAGE SYSTEM INSTALLED UNDER THE TEN-ACRE PERMIT EXEMPTION PROVISIONS OF SECTION 7 OF THE PENNSYLVANIA SEWAGE FACILITIES ACT. (Section 7 provides that a permit may not be required before installing,constructing,awarding a contract for construction,altering, repairing,or connecting to an individual sewage system where a ten-acre parcel or lot is subdivided from a parent tract after January 10,1987).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 CONSTRUCTED TO FACILITATE ULTIMATE DISPOSAL OF THE SEWAGE AT ANOTHER 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§73.13 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§73.13 states that the horizontal 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 LOT AND CONSTRUCTION OF A STRUCTURE TO BE SERVED BY SEWAGE FACILITIES MAY NOT BEGIN UNTIL THE MUNICIPALITY COMPLETES A MAJOR PLANNING REQUIREMENT PURSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT AND REGULATIONS PROMULGATED THEREUNDER. r DS 1-DSc Buyer Initials: / Back of Page 2 Seller Initials: / DocuSign Envelope ID:4C57D854-DD42-41 A7-8E4C-ACOF1DDFC039 NOTICES REGARDING LAND USE RESTRICTIONS(Paragraph 10:Seller Representations) NOTICES PURSUANT TO THE PENNSYLVANIA RIGHT-TO-FARM LAW(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. FARMLAND AND FOREST LAND ASSESSMENT(CLEAN AND GREEN PROGRAM)(72 P.S.§5490.1 et seq.) Properties enrolled in the Clean and Green Program receive preferential 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 County 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 understand any changes. Loss of Preferential Tax Assessment:The sale of Property enrolled in the Clean and Green Program may result in the loss of program enrollment and the loss of preferential tax assessment for the Property and/or the 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 interest.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 or may not result from the sale of the Property to Buyer or that may result in the future 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 Sale. 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 will 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.A roll-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 are 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 restrictions 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. r DS DS Buyer Initials: / Back of Page 3 Seller Initials:[TVS / DocuSign Envelope ID:4C57D854-DD42-41 A7-8E4C-ACOF1DDFC039 NOTICES REGARDING PROPERTY&ENVIRONMENTAL INSPECTION (Paragraph 12:Inspections) Exterior Insulation and Finish Systems(EIFS):Exterior Insulation and Finish Systems—sometimes referred to as synthetic stucco—are multi-layered wall systems applied to the exterior of some homes.Poor or improper installation 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 heat 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 17120. Electromagnetic Fields:Electromagnetic Fields(EMFs)occur around all electrical appliances and power lines.Conclusive evidence 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 property 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 irritation,fever,chills,muscle ache or other transient inflammation or allergy.Claims have been asserted that exposure to mold contamination 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 all,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 companies 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 decal of uranium and radium.Studies indicate that extended exposure to high levels of radon gas can increase the risk of lung cancer.Radon 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/or 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 17105-8469,(800)23RADON or(717)783-3594.www.epa.gov NOTICES REGARDING RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT (Paragraph 12: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 an EPA-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 determining 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-family housing. Before a Buyer is obligated to purchase any housing constructed prior to 1978,the Act requires the Seller 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.Neither testing nor abatement is required of the Seller.Housing built in 1978 or later is not subject to the Act. DS C �DS tV Buyer Initials: ` / Back of Page 4 Seller Initials: / DocuSign Envelope ID:4C57D854-DD42-41A7-8E4C-ACOF1DDFC039 LEAD WARNING STATEMENT(FOR PROPERTIES BUILT BEFORE 1978)Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified 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. NOTICE REGARDING THE HOME INSPECTION LAW(68 Pa.C.S.A.§7501,et.seq.) (Paragraph 12:Inspections) Applicability:The Home 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 transfer of an interest in real property where NOT LESS THAN ONE AND NOT MORE THAN FOUR RESIDENTIAL DWELLING UNITS are involved.(See Information Regarding The Real Estate Seller Disclosure Law(exceptions 1-8)for a list of exceptions to this general rule.) The following definitions are taken from the text of the Home Inspection Law Home Inspection:A noninvasive,visual examination of some combination of the mechanical,electrical or plumbing systems or the structural and essential components of a residential dwelling designed to identify material defects in those systems and components,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 confusingly 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 include an examination that is limited to inspection 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 and water quality,tennis courts and playground equipment,pollutants,toxic chemicals and environmental 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,systems and subsystems covered by the report. (2)A description 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 inspection,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 an 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 a not-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 recognized 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 ongoing 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. r CD�S DSLTS Buyer Initials: / Back of Page 5 Seller Initials: 9 / DocuSign Envelope ID:4C57D854-DD42-41 A7-8E4C-ACOF1DDFC039 NOTICES REGARDING CONDOMINIUMS AND PLANNED COMMUNITIES (Paragraph 14:Condominium/Planned Community(Homeowner Association)Resale Notice) s 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 the undivided interests in the common elements are vested in the unit owners. Definition of a Planned Community 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 part 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 cooperative or condominium may be part of a planned community.For the purposes of this definition,"ownership"includes holding a leasehold 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 Required The owner of a property located within a planned community is not required to furnish the buyer with a certificate of resale under the following circumstances: (1)The Planned Community/Condominium contains no more than 12 units,provided there is no possibility of adding real estate or_ subdividing units to increase the size of the planned community or condomium. (2)The Planned Community/Condominium is one in which all of the units are restricted exclusively to non-residential use,unless the declaration 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 If Seller is a Declarant of the condominium or planned community,Seller is required to furnish Buyer 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 15 days after receiving the Public Offering Statement and 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 16:Title,Surveys&Costs) The following definitions and requirements are taken from the Pennsylvania Construction Code Act(35 P.S.§7210.101 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 time 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 recreational 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 recreational 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 shall render the sale voidable at the option of the purchaser. DS r.—OS • r�� TVS Buyer Initials: / Back of Page 6 Seller Initials: s, / DocuSign Envelope ID:4C57D854-DD42-41A7-8E4C-ACOF1DDFC039 NOTICES REGARDING PRIVATE TRANSFER FEES(Paragraph 16:Title,Surveys&Costs) In Pennsylvania,Private Transfer Fees are defined as regulated in the Private Transfer Fee Obligation Act(Act 1 of 2011;68 Pa.C.S.§§8101,et.seq.), .which defines a Private Transfer Fee as"a fee that is payable upon the transfer of an interest in real property;or payable for the right to make or accept the transfer,if the obligation to pay the fee or charge runs with title to the property or otherwise binds subsequent owners of property,regardless or whether the fee or charge is a fixed amount or is determined as a percentage of the value of the property,the purchase price or other consideration given for the transfer."A Private Transfer Fee must be properly recorded to be binding,and sellers must disclose the existence of the fees to prospective buyers.Where a Private Transfer Fee is not properly recorded or disclosed,the Act gives certain rights and protections to buyers. NOTICES REGARDING MEDIATION(Paragraph 23:Mediation) HOME SELLERS/HOME BUYERS DISPUTE RESOLUTION SYSTEM RULES AND PROCEDURES 1.Agreement of Parties The Rules and Procedures of the Dispute Resolution System(DRS)apply when the parties have agreed in writing to mediate under DRS.The written agreement can be achieved by a standard clause in an agreement of sale,an 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 REALTORS'(hereafter"Administrator").The Transmittal Form should be available through the Administrator's office.The initiating party should try to include the following information when sending 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 company known to have received notice of the dispute or claim and the corresponding file or claim number. 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 Form,the Administrator will send each party to the dispute a copy of the Transmittal Form and a list of qualified mediators and their fee schedules.Each party then has ten days to review the list of mediators,cross off 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 before the mediation conference.The parties will follow the payment terms contained in the mediator's fee schedule. 5.Time and Place 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 mediation 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 all 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 written materials and information before the date of the mediation conference. The mediator presiding over the conference: a Will 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 will notify the mediator and the other 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 mediator;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,judicial,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 confidential communication. 9.Mediated Settlement When a dispute is resolved through mediation,the mediator will put the complete agreement in writing and all parties will sign the written agreement within ten days of the conclusion of the mediation conference.Every reasonable effort will be made to sign the written agreement at the end of the conference. 10.Judicial Proceedings and Immunity NEITHER THE ADMINISTRATOR,THE MEDIATOR,THE NATIONAL ASSOCIATION OF REALTORS®,THE PENNSYLVANIA ASSOCIATION OF REALTORS",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 WITH ANY SERVICE OR THE OPERATION OF THE HOME SELLERS/HOME BUYERS DISPUTE RESOLUTION SYSTEM. rMos os Buyer Initials: / Back of Page 7 Seller Initials: / DocuSign Envelope ID:4C57D854-DD42-41A7-8E4C-ACOF1DDFC039 NOTICES REGARDING THE REAL ESTATE SELLER DISCLOSURE LAW (Page 11:Signature Page) • The Real Estate Seller Disclosure Law requires that before an agreement of sale is signed,the Seller 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 defined as a sale,exchange,installment sales contract,lease with an option to buy,grant or other transfer of an interest in real property where NOT LESS THAN ONE AND NOT MORE THAN FOUR RESIDENTIAL 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 default 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 or direct descendant. S. Transfers between spouses that result from divorce,legal separation or property 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 a one-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 building code;and c. A certificate of occupancy or a certificate 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 regarding common areas or facilities are not required,as those elements are already addressed in the laws that govern the resale of condominium and cooperative interests. FDS DS 010- PDS Buyer Initials: / Back of Page 8 Seller Initials: / • Exhibit B 15ocuSign Envelope ID:60BD69A7-6A0A-426F-9993-34610BF6EFA2 SELLER'S ESTIMATED COSTS SEC This form recommended and approved for,but not restricted to use by,members of th ennsylvania ssociation of REALTO ••((PAR).I9 off 1 ADDRESS 890 yjierdein-Mee Y17 /i `YOI!,11 7 SELLER R 1/mol/9 .Shit Ql(i / a l !Q 7'tl 3 BU 4 SETTLEMENT DATE // 6_tt2©/3 PURCH SE PRICE$ /CP 9, 9a0 6 1. Broker's Fee 0 let /Co S qO0 $ /3.7a ' 2. Preparation of Deed $ ... / 8 3. Transfer Tax $ / 61 9 4. Seller's Assist/Credit to Buyer $ ll 0 0 iss 10 5. Home Warranty $ 11 6. Municipal Certifications(s) $ 12 7. Certificate of Resale(Condominium/Homeowner's Associations) $ 13 8. Settlement Fee $ 3 q. • 14 9. Notary Fees $ ..2.5" 15 10. Survey $ 14 11. On-lot Sewage System Pumping $ 17 12. Property Repairs $ 19 13. Tax Certifications $ . 19 14. Overnight/Express Mail Charges $ 20 15. Domestic Lien Search $ 21 16. "Patriot Act"Search $ 22 17. Other $ 23 18. Other $ 24 q �^ 25 ESTIMATED COSTS(subtotal) $ / l J 9/ 27 Adjustments(+/-)(e.g.,real estate taxes,association fees,utilities) $ / g/ a OO 29 /29 ESTIMATED COSTS/ADJUSTMENTS $ v -3 V/ :3u 31 Purchase Price $ /G27 90,9 3z �,/000 33 Total Estimated Costs/Adjustments(from above) $ / 34 !-� 35 ESTIMATED PROCEEDS(before loan payoffs) $ 1 �7 /00 36 37 Seller's Estimate of Mortgages,Equity,and Other Loan balances • /C-9ao 38 (including prepayment penalities),liens,assessments,etc. $ 6 39 --e— +' ro .10 ESTIMATED NET PROCEEDS TO SELLER $ .1 42 Ta43The estimated proceeds do not take into account any other undisclosed mortgage obligations,liens,assessments, ge5 44 judgments or other obligations levied against the Property or Seller. 45 •i.6 Seller understands that the estimated costs stated above are based on the best information available at signing and may 47 be higher or lower at settlement. 49 49 Seller understands and has received a copy of these estimated closing costs before signing the Agreement of Sale. 50 DocuSigned by: 51 SELLER ijytdQ1 V S.foufft,r DATE 10/7/2013 52 SELLER 528824FBBBA7472 DATE 53 SELLER DATE 55 BROKER(Company Name) COLDWELL:ANKE: JMEST,' . ��GR• i El CT PROFESSIONALS 56 PROVIDED BY(Licensee) \`�' ' !� ;' i DATE �/ Pennsylvania Association of REALTORS® / 12/05 I • Exhibit C JACOBSON) JULIUS & McPARTLAND ATTORNEYS c«»°COUNSELORS W`1lLAW LESLIE DAVID,IIMCQ))I'9i>ON £`;1 i1(>C o)DERRY STREET,SUITE A CHAD J.JlUlLlt)S HARRISBURG,PA 17111-6980 SCOTT II''JI M[rnJl'?/\Itc717MUND Phone:(yil`rl)909-6868 Fax:(717))909-7788 October 8, 20))13 Ms. Kara_c `ll alh ani 322 N. Front Street, /^pt. y Wco>umlky€>llccuit'g,Pennsylvania nlnsyllw,un,a lI 70433 Re: Stouffer v. Stouffer (2012-5063) Dear Ms. '7C2zili tini: Enclosed p (,«tse find an executed copy c(1Jh11n Agreement of Sale and estimated lted cGlo i)f)lt costs for the property y located at 840 Yve rll11cc n Drive,we, C«,IJnilll`u)Hill,, Pennsylvania. This represents t,Ss the first bona fide e cc1>itne r'received for the property in over one year. The details of the sale are more specifically provided in the, a,nayclined documents.nt`. As you know with TiUnitl now living n g 11n Hawaii iil lfilte his relocation it has become increasingly difficult for him to maintain the property without ut any s>€ails;>ltY nnlct e from you as )al co-owner. The o>Ililr11)c(nt,6,of IrlJnh,letter 1,,, in @>ti,to engage 1h in gal discussion of the m)',rill6.,of your position in the partition case. Rather we simply write to ask for your concurrence in the sale of the property. ty. The property is not expected^,col to yield any proceeds;ds,° howr,ver, we are willing to escrow the proceeds,s, ilf),lny,,pending the final resolution of the litigation. We would ask that you wo)ulld. attend closing or otherwise (,nuJ,Cr taint,a quit claim deed to the property that could be recorded at the closing(o)ii'the property. This can be done by agreement without the need for the court's involvement at this point. If we dot lbkr>Ii,hear from you by the close of business ro>i3'co>lnl October ilia,20113 we will have no choice but to engage the court seeking permission to sell the I[>)Irco)1Crerty. Please may we hear from you? I f after reviewing this correspondence you have any questions or comments,please feel free to contact me at your convenience. Sincerely, Chad 1cc131,�ltlilJh'v C: Client Enclosures tl ures www.ljacobsonlaw.com 4 T J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNAYLVANIA • TIMOTHY D. STOUFFER, . PLAINTIFF . No: 12-0563-Civil vs. . • KARA T. STOUFFER a/k/a KARA • CIVIL ACTION - LAW TALIANI, . DEFENDANT . ORDER AND NOW, this day of , 2013, upon consideration of Plaintiff's Emergency Motion for Court Approval of the Sale of Real Property, it is hereby ORDERED and DECREED as follows: 1. Plaintiff is permitted to sell the property located at 840 Yverdon Drive, Camp Hill, Pennsylvania 17011 which is already under contract for sale for$169,900.00 to Christine M. Hummel ("Buyer") which is scheduled to close on or about November 26, 2013. 2. Immediately after closing, Plaintiff shall escrow with his attorney, Jacobson, Julius & McPartland or other escrowee acceptable to both parties (hereinafter"escrow agent") an amount equal to the net proceeds from the sale, if any, and said sum shall remain in escrow until the escrow agent receives either: (a) written instructions signed by both parties to the above titled action as to the disposition of the escrow funds; or(b) a duly certified Order of the referenced Court disposing such escrow funds and from which no appeal has been taken. 3. In the event the sale with Christine H. Hummel does not close by December 31, 2013 or a different sale price is agreed upon, Plaintiff will file a new Motion for Court Approval to sell the above referenced property. 7 r 4. It is further ordered that Kara Taliani a/k/a Kara T. Stouffer, shall execute any and all documents required by the Buyer's title company to close the transaction. This includes but shall not be limited to a warranty deed for the real property. BY THE COURT: ,Judge Distribution: Chad Julius, 8150 Derry Street, Ste. A, Harrisburg, PA 17111 Kara Talani, 322 N. Front Street, Apt. 4, Wormleysburg, Pa 17043 8 a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNAYLVANIA TIMOTHY D. STOUFFER, • PLAINTIFF • No: 12-0563-Civil vs. • KARA T. STOUFFER a/k/a KARA CIVIL ACTION - LAW TALIANI, • DEFENDANT • CERTIFICATE OF SERVICE I, Elizabeth Rhoades, Paralegal with Jacobson, Julius & McPartland, do hereby certify that a copy of the foregoing document was this day served upon the following person in the manner indicated below: CERTIFIED MAIL and FIRST CLASS MAIL Kara T. Talani, 322 N. Front Street, Apt. 4, Wormleysburg, Pa 17043 DATED: October 22, 2013 G�t.A acQceo Eli a eth Rhoades 6 N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNAYLVANIA TIMOTHY D. STOUFFER, • PLAINTIFF : 5O1O • No: 12-0463-Civil vs. • • KARA T. STOUFFER a/k/a KARA • CIVIL ACTION - LAW TALIANI, • DEFENDANT • ORDER AND NOW,this o?S `day of O , 2013, it is hereby ORDERED that a hearing on Plaintiff's Emergency Motion for Court Approval of Sale of Property is scheduled for Y bU. ' e2013, at a OO .. .m., Courtroom No. Cumberland County Courthouse, 1 Courthouse Square Carlisle, PA 17013. BY THE COURT: J. tribution: ..' CJ.ad Julius, 8150 Derry Street, Ste. A, Harrisburg, PA 17111 ara T. Talani,322 N. Front Street, Apt. 4, Wormleysburg,Pa 17043 /Y42141ScL lea-sf!3 y C2 �T • 11 Chad J. Julius THE PROIH0 0 TAR': Jacobson,Julius&McPartland �� NOV -5 � + Supreme Court I.D.No. 209496 8150 Derry Street, Ste. A CUMBERLAND COUNTY Harrisburg, PA 17111 717.909.5858 patisYLVANIA FAX: 717.909.7788 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNAYLVANIA • TIMOTHY D. STOUFFER, • PLAINTIFF • No: 12-5063-Civil • vs. • KARA T. STOUFFER a/k/a KARA • CIVIL ACTION - LAW TALIANI, DEFENDANT PLAINTIFF'S MOTION TO APPEAR AT THE NOVEMBER 8,2013 HEARING TELEPHONICALLY AND NOW COMES, Timothy D. Stouffer, Plaintiff, by and through his attorneys, Jacobson, Julius &McPartland, and hereby files this Motion to Appear at the November 8, 2013 hearing telephonically, and in support thereof, state as follows: 1. On or about August 15, 2012, Plaintiff commenced a partition action against the Defendant, Kara Taliani, his former spouse. 2. Plaintiff and the Defendant are the owners of real property located at 840 Yverdon Drive, Camp Hill, Pennsylvania 17011. 3. The property was acquired on September 25, 2007 and title was therein taken in the names of Plaintiff and the Defendant as tenants by the entireties as the parties were married at the time of the purchase. 2 4. The parties have since divorced where by operation of law the parties now own the property as tenants in common. 5. Receiving the first offer to purchase the subject real estate in over one year, and unable to come to any resolution with Defendant, Plaintiff filed an Emergency Motion for the Sale of Real Estate with this honorable court. A hearing on said motion is scheduled for Friday, November 8, 2013. 6. In late 2012, Plaintiff accepted a full-time position and relocated to Hawaii where he has resided since that time. 7. Unfortunately, Plaintiff has been unable to find affordable airfare to participate at the hearing in person. 8. Plaintiff is already expected to sell the property at a loss and the further expense on the matter is unwise. 9. Allowing the Plaintiff to appear by telephone will be the most expedient and cost effective method of resolving the Motion for all parties involved. 10. The Defendant will not suffer any prejudice in allowing the Plaintiff to appear telephonically. 11. Defendant is pro se and generally does not respond to letters from the undersigned counsel. It is unknown whether she would concur in the request or not. 12. Pursuant to C.C.R.P. 208.3(c)(2), the Honorable M. L. Ebert, Jr. has been assigned to this matter. 3 WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order permitting him to appear at the November 8, 2013 hearing on his Emergency Motion to Sell Real Estate telephonically, and award such other relief as this Court deems just and appropriate. Respectfully submitted, JACOBSON, JULIUS & ■ CPARTLAND /i / Date: November 4, 2013 By: Ala L _ Cad J. Ju rAtty. ID 209496 8150 Derr eet, Ste. A Harrisburg, 'A 17111 717.909.5858 717.909.7788 [fax] Counsel for Plaintiff 4 • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNAYLVANIA TIMOTHY D. STOUFFER, • • PLAINTIFF • No: 12-5063-Civil vs. • KARA T. STOUFFER a/k/a KARA • CIVIL ACTION - LAW TALIANI, • DEFENDANT CERTIFICATE OF SERVICE I, Elizabeth Rhoades, Paralegal with Jacobson, Julius& McPartland, do hereby certify that a copy of the foregoing document was this day served upon the following person in the manner indicated below: CERTIFIED MAIL and FIRST CLASS MAIL Kara T. Talani, 322 N. Front Street, Apt. 4, Wormleysburg, Pa 17043 DATED: November 5, 2013 case) 044 El beth Rhoades 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNAYLVANIA TIMOTHY D. STOUFFER, • PLAINTIFF • No: 12-5063-Civil • vs. • KARA T. STOUFFER a/k/a KARA • CIVIL ACTION - LAW TALIANI, • DEFENDANT ORDER AND NOW,this to day of N Opt , 2013, it is hereby ORDERED that Plaintiff, Timothy D. Stouffer, may appear telephonically at the hearing currently scheduled for November 8, 2013 on his Emergency Motion for Court Approval of Sale of Property BY THE COURT: \\\k\ A J. tribution: ad Julius, 8150 Derry Street, Ste. A, Harrisburg, PA ACh(ara T. Talani, 322 N. Front Street, Apt. 4, Wormleysburg, Pa 17043 CT.CT /11- 11-ErL /If�fl rr1 CO Z' -< '� r Cllr "C me CI 1 0) --' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNAYLVANIA TIMOTHY D. STOUFFER, Ia7 5D(p� PLAINTIFF : .1 0663 r;_.;1 No: I L��.s-��- vs. KARA T. STOUFFER a/k/a KARA • CIVIL ACTION - LAW • TALIANI, DEFENDANT ORDER AND NOW,this o day of 1\1 ail , 2013,upon consideration of Plaintiff's Emergency Motion for Court Approval of the Sale of Real Property, it is hereby ORDERED and DECREED as follows: 1. Plaintiff is permitted to sell the property located at 840 Yverdon Drive, Camp Hill,Pennsylvania 17011 which is already under contract for sale for$169,900.00 to Christine M. Hummel("Buyer")which is scheduled to close on or about November 26, 2013. 2. Immediately after closing,Plaintiff shall escrow with his attorney, Jacobson, Julius&McPartland or other escrowee acceptable to both parties (hereinafter"escrow agent")an amount equal to the net proceeds from the sale, if any, and said sum shall remain in escrow until the escrow agent receives either: (a)written instructions signed by both parties to the above titled action as to the disposition of the escrow funds; or(b) a duly certified Order of the referenced Court disposing such escrow funds and from which no appeal has been taken. 3. In the event the sale with Christine H. Hummel does not close by December 31, 2013 or a different sale price is agreed upon, Plaintiff will file a new Motion for Court to sell the above referenced property. 7 r - 4 It is further ordered that Kara Taliani a/k/a Kara T. Stouffer, shall execute any and all documents required by the Buyer's title company to close the transaction. This includes but shall not be limited to a warranty deed for the real property. BY THE COURT: ti ,Jud?e lc I • Distribution: `'r° /Chad Julius, 8150 Derry Street, Ste. A, Harrisburg, PA 17111 Kara Talani, 322 N. Front Street, Apt. 4, Wormleysburg,Pa 17043v ca JGFek-fo ml ` a-S ly4f/3 8