HomeMy WebLinkAbout12-04-12
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
Estate of ROSE HELEN HERLIHY, Deceased File No. 2012-01164
Date of Death: 05/29/2012 PA File No. 21-12-1164
PETITION FOR APPROVAL OF SALE OF REAL ESTATE
AND DISBURSEMENT OF PROCEEDS
And Now Comes, Petitioner, Eileen Simpson, Administratrix, C.T.A., on behalf of the
Estate of Rose Helen Herlihy, by and through her attorney, Gary J. Imblum, and respectfully
represents as follows:
1. Letters of Administration were granted to Eileen Simpson, in the above matter, on
or about November 5, 2012.
2. At her death, Rose Helen Herilihy owned real estate situate and located at 23
Kensington Drive, Camp Hill, Cumberland County, Pennsylvania.
3. The Estate hired Coldwell Banker Homestead Group to market subject real estate.
4. The Estate has entered into an Agreement for Sale to sell subject real estate to
Tiffany Edwards-Pierce, for a sale price of $129,900.00. The Agreement is expressly conditional
upon approval by Cumberland County Orphans Court. (The Agreement of Sale is attached
hereto as Exhibit A).
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5. It is believed that $129,900.00 is the highest sale price that can be obtained for
the sale of subject real estate, including what could be obtained at public sale. Attached hereto,
as Exhibit B, are affidavits of the seller's agent and buyer's agent to that effect.
6. Attached hereto, as Exhibit C, is an estimate of the net proceeds to the estate from
the sale of subject real estate.
7. During her lifetime, Decedent received medical assistance from the Pennsylvania
Department of Public Welfare.
8. On November 8, 2012, counsel for the Estate sent notice to the Estate Recovery
Program at the Pennsylvania Department of Welfare requesting any amount owed to the
Pennsylvania Department of Public Welfare.
9. As of the date of this writing, approval has not been obtained from Pennsylvania
Department of Welfare.
10. The Agreement for the Sale of Real Estate requires that the sale of the subject real
estate be consummated on or before December 14, 2012, however, the Agreement also provides
that closing could be extended for up to 30 days, if needed, for Court approval of sale.
Wherefore, Petitioner respectfully requests that this Honorable Court issue an Order
approving the sale of the subject real estate and distribution of the proceeds as follows:
a. Payment of costs of sale;
b. Payment of attorney fees in the amount of $6,946.00, plus advanced costs
for administration of the estate in the amount of $337.50;
_ _ _ _ _
C. Payment of any and all liens in the order of priority. Known liens include
mortgage payoff in the approximate amount of $30,200.00, and
Department of Public Welfare for Medical Assistance benefits in the
amounts of $29,354.73 (Class 3 Claim) and up to $345,188.44 (Class 5.1
Claim);
d. Payment of Pennsylvania Inheritance Tax, if any; and
e. Payment of remaining proceeds, if any, from the sale of subject real estate,
to the Estate of Rose Helen Herlihy.
Respectfully submitted,
IMBL M LAW OFF CES, P C.
ary J. Imb m
Attorney . No. 42606
4615 Derry Street
Harrisburg, PA 17111
(717) 238-5250
Fax No. (717) 558-8990
Email: gary.imblum@ imblumlaw.com
Attorney for Petitioner/Administratrix
Dated:
STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE
This form recommended and approved for, but not resu kted to use by, members of the Pennsylvania Association of REALTORS' (PALL). ASR
PARTIES
Many Edwards Pierce SE` 's ka t are Ne r1 ~1n,.~
BUYER'S MAULING ADDRESS: SELLER'S MAILING ADDRESSt
4 Dulles Dr.
Camp FBI PA 17011
- PROPERTY
PROPERTYADDRESS: 23 Kensington Dr. Camp HIg PA 17011
In the mtankl mVty of Lower Allan , Courny of Cumberland
in the School District of West Shore , in the Commonwealth of Pennsylvania.
mienb7ication (e %Tax R) L{; Parcel o, Lot; Block: Deed Book, Page, Recording Date):
BUYERS RELATIONSHIP WITH PA LICENSED BROKER
❑ No business Relationship (Buyer Is not represented by* Broker)
Broker(CompanYl CoMwell Banker Homestead Oroup Select Ucensee(s) (Name) tertQ.N CovtiO
Professionals Q
CompanyAddrebs DiectPhone(s)
Cell Phone(s) -1 f 117 If (IFT
Company Phone 717763.7500 Fax
Company Fax 717763-0280 Email PS S yY1
Licensee(s) Is
IN Buyer Agent with Designated Agency
BWerAgent (Broker represents BtWonly) ❑ Buyer AgernwlthoutDesignatedAgency
Dual Agent (See Dual and/or Desig hated Agent box belrnM
- ❑ Dual Agent tSeeDua) and/or Designated Agent box below)
❑ Transaction Licensee (Brokerand ucensee(s) provide real etstate services but do not represent Buyer)
SELLi:R'5 RELATIONSHIP WITH PA LICENSED BROKER
❑ No Business ReWtionship (Seller Is not represuroad by a Broker)
Broker(Company) GOtd.wt~~~3 r Ucensee(s)(Name) ~.QJt
sty
CampanyAddress Direct Phone(s)
Cep Phone(s) t'"~ •.s~ x >j
Company Phone Fax
Company Fax EmaB 1~ Q_SeL r d • ~17V M
Brokerls: Licensee(s) Is:
❑ Soler Agem(BmkampresentsSelleronty) 5 Seller Agent with Designated Agency
® Dual Agent (See Dual and/or Designated Agent box below) 0 Seller Agentwithout Designated Agency
❑ Dual Agent (See Dual and/or Designated Agent box below)
❑ Transaction Licensee (Wokerand Llcwsee(s) provide real estate services but do not represent Seller)
I
DUALAND/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 Brokers licensees are also Dual Agents UNLESS there are separate Designated Agents for Buyer and Seller. Kthesame Licensee is
designated for Buyer and Seller, the Licensee is a dual Agent
BysignkrgthlsAgraam at, Buyer andSaHeraachaduawledgehaving been previouslyinformed of,andconsented to,dual ayaacy,Ifapplicat>fa. l
Buyer InltlaLM ! ASR Page 1 of 11 Seger Inhlals: CA
Revised 1/12 COPYAIGHTPENNSYLVANIA ASSOCiATIONOFREALTORS•2012
I
1110
A q I
1 1• BYThis~reentent ,dated
2 Seller agrees to sell and convey to buyer, who agrees to purchase, the identified Property.
3 2. PURCHASE PRICE A pp ~QS~j~ (t-1f9! W 4
4 W Purchase Price too one n
s ( ,T'
6 U.S. DgRa sl to paid by Buyer as rollows:
7 1. Deposit at signi this Agreement $
B 1 Deposit within of the Execution Date of this Agreement: $
9 3. $
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 tirrithin 30 DAYS or settlement, Including funds paid at settlement, will be by cashier's check or wired funds, but not by personal
13 chedr.
14 (C) Deposits, regardless of the form of payment and the person designated as payee, will be pail in U.S. Dollars to Brokerfor Seller
15 (unless otherwise stated here:
16 who will retain deposits in an escrow account In conformity with all applicab laws and regulations until consummation ortermhtation
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. SELLFRASSISrT (IF APP I.EJ (1-10) 2
21 Sellerwillpay$ or 3 %ofPurchase Price (0,rnotspecfired)toward
22 Buyer's costs, as permitted by the mortgage lender, if any. SellerTs onlyobl led to pay up to the amount or percentage which Is
23 approved by mortgage tender. 'j
24 4. SET MEMENTAND POSSESSION (1-10) ~r t`!
25 (A) Settlement Date is , or before if Buyer and Seller agree.
26 (B) Settiement 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 dally basis between Buyer and Seller, reimbursing where applicable:
29 current taxes (see Notice Regarding Real Estate Taxes), rents, Interest on mortgage assumptions: condominium flees and homeowner
30 association fees; water and/or sewer fees, together with any other Venable 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 Seiler will be by fee simple deed of special warranty unless otherwise stated here:
35
36 (E) Payment o 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 treys and physical possession to a vacant Property free of debris, with all structures
39 broom-eJeen, 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 kentified 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. 5eller
43 will not enter Into any new leases, not extend existing (eases, 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 ❑ Tenant-Occupied Property Addendum (PAR Forst TOP) Is attached.
46 S. DATBS/TtM@ IS OF THE ESSENCE (1-10) 2 .
47 (A) Written acceptance of all parties will be on or before:
48 (B) The Settlement Date and all other dates and times ide ed rthe performance any of the obligations of this Agreement are
49 of the essence and are biriding.
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-prhued 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
56 to at parties.
59 6. ZOMR46 (1-10)
60 Failure of this Agreement to contain the zoning classification (except In cases where the property (arid each parcel thereof, if subdhildable)
61 Is zoned solely or primadlyto permit single-family dwellings) will render the Agreement voidable at StWs optkm, and, If voided, any
62 deposits tendered by the Buyer- riF be to to the Buyer without any requlrement for court action.
63 Toning Class(ficatkuL f e i t~l
64 Buyer inkiai / t L- J 7" ASR Page 2 of I I Revised 1 /12 Seller initials: !
65 7. FUCTURES AND PERSONAL PROPERTY (1-10)
66 (A) INCLUDED In this sale are 89 existing items permanently installed in the Property, free of liens, and other items including plumbing;
67 heating; radiator covers lighting fixtures (Including chandeliers and celling 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, bust-In air
72 conditioners; buflt In appliances; the range/oven, unless otherwise stated; and, if owned, water treatment systems, propane tanks,
73 satellite dishes and security systems. Also included:
74
75 (B) The following Items are LEASED (not owned by Seller). Contact t pro er/ven or r more information (eg. water treatment systems,
76 propane tanks, satellite dishes andsecudtysystemsh
77 (C) EXCLUDED fixtures and Items.
78
79 S. MORTGAGE CONTINGE11KY(1-10)
80 0 WAIVED. This sate is NOT contingent on mortgage financing, although Buyer may obtain mortgage financing and/orthe parties may
81 Include an appraisal contingency.
82 15 ELECTED
83 (A) This sale Is contingent upon Buyer obtaining mortgage financing according tothe following terms
85 rlgage on the Property
84 First Mortgage on th&~a Second Mortgage
86 Loan Amount S t ge Loan Amoun t S
Minimum Term ars Minimum Tern years
87 Type of mortgage Type of mortgage
88 Loan-To-Value (LTV) ratio: Loan-To-Val ue (LT+n ratio: ,
89 For non+HANA loans LTV ratio not to exceed For non-FHANA bans LTV ratio not to exceed %
90 Mortgage lender Mortgage lender
91
92 Interest rate 3 • 94; however, Buyer agrees to accopt the interest rate % however, Buyer agrees to accept the
93 interest rate as may Ea-committed by the num1pago lender, not interest rate as may committed by the mortgage lender, not
94 to exceed a maximum Interest rate of 96, to exceed a maximum interest rate of
9s Discount points, loan origination, loan placement and Discount points, loan origination, ban p ca"'ement and other fees
96 charged "e, lender as a percentage of the mortgdge loan (exclud- charged by the lender as a percentage of the mortgage loan (exclud-
g7 Ing arty mortgage insurance premiums or VA funding fee) not to Ing any mortgage Insurance premiums or VA funding fee) not to j
9a exceed % (0% if not s ecified) of the mortgage loan. exceed % (0% If not specified) of the mortgage loan.
99 (8) The Interest rate(s) and fee(s) provisions In Paragraph e(A) are satisfied if the mortgage lender(s) gives Buyer the right to guarantee the f
100 interest rate(s) and fee(s) at or below the maxinw m levels stated. If lender(s) gives Buyer the right to lock in the interest rate(s), Buyer +h
101 wYl do so at least 15 days before Settlement Date. Buyer gives Seller the Fight, at Seller's sole option and as permitted by law and
102 the mortgage lenders , to contribute ilnancially,w(thout promise of reimbursement, to the Buyer and/or the mortgage lender(s) to j
103 make the above mortgage term(s) available to Buyer. l
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 terns and to the mortgage lender(s) identified in Paragraph 8(A), if any, otherwise too 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 vrla be in default of this Agreement If Buyer furnishes false Information to anyone concerning Buyer`s financial and/or
110 employment status, falls to cooperate in good fafth with processing the rortgage loan application (including delay of the
111 appraisal), fails to lockin Interest rate(s) as stated In Paragraph B(B), or otherwise causes the lender to reject, refuse to
112 approve or issue a mortgage loan co Itment.
113 (E) 1. !Mortgage Commitment Dater ' O- n . Upon receiving a mortgage commitment, Buyerwi(I 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, Wier 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 finandmg.
118 1 Seller may terminate this Agreement by written notice to Buyer after the Mortgage Commitment pate 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 volld through the Settlement Date) that is not satisfied and/or
122 removed In writing bythe mortgage lender(s)within 7 DAYS after the Mortgage Commitment Date in paragraph 8(E)(1),
123 or any extension thereof, otherthan those conditions tfiift are 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 forany costs incurred by Buyerfor 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! Neninsurance, oranyfeeforcanceliatbn;(2)
129 Flood insurance, fire insurance, hazard Insurance, mine subsidence insurance, or arty fee for cancellation; (3) Appraisal fees and
130 charges paid In advance to mortgage lender(s).
131
auyerinIdaL2 ~ / A5RPa9e3of11 Revised l/12 Sellerhitialr.
132 (P) If the mortgage lender(s), or a property and casualty insurer providing insurance required by the mortgage lender(s), require repairs
133 bythe mortgage lender(s), requires repairs to the Property, Buyerwill, upon receiving the requirements, delver a copy of the
134 requirements to Seller. Within 5 DAYS of receiving the copyof the requirements, Seller will notify Buyer whether Selerwil make
135 the required repairs at Seller's EWi "nse.
136 1. B 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 repala, or If Seller fails to respond within the stated time, Buyer will, within 5 DAYS,
139 notify Seller of Buyers 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 fallsto respond within the time stated in Paragraph 8(F)(2) or fails to terminate the Agreement bywrittea notice
145 to Seiler within that time, Buyer will accept the Property and agree to the RELEASE In Paragraph 25 of this Agreement.
146
147 FHANAr IF APPLICABLE
148 (G) it is expressly agreed that notwithstanding any other provisions of this contract, Buyer win not be obligated to com plete the purchase
149 of the Property described herein or to incur any penalty by forfeiture of tamest moneydeposits 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, ora Direct Endorsement lender setting forth the appraised value of the Property of not less than $
152 (the Purchase Price as stated in this Agreement). Buyer will have the privilege and option of proceeding with consumma on o t re
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 some 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 win
163 not perform a home Inspection nor guarantee the price or condition of the Property.
164 (1) CertWamilon We the undersigned, Seller(s) and Buyer(s) party to this transaction each certify that the terms of this contract for
165 purchase an: 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 IFINANOAL STATUS (3-11)
168 In the event of a change in Buyeesfinancial status affecting Buyer's ability to purchase, Buyer shall promptly notify Seller and lender(s)
169 to whom the Buyer submitted mortgage applcatlon, 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; Buyers 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 Remedlation (see Notice Regarding Radon)
175 Selktr 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.), i
177 which produced the results indicated below:
178 Date Type ofTest Results (picoCuries/litre or working levels) Name of Testing Service
179
ISO
181 ❑ 2. Sewer as knowledge t t Fe Propertyad n remove systems insta as tndkat ow:
182 Date Installed Type of System Provider
183
1
164
185 Copies of all available test reports w e e vere to Buyer wi thls Agreement. S let as not warrant a met
186 ods or *a results of radon test.
187 (B) Statusof Water
188 Seller represents that the Property is served b)r
189 fg Publk Water ❑ Communitywater ❑ On-slte Water ❑ None
190 (C) Status of Sewer
191 Seller represents that the Property Is served by:
192 (in Publc Sewer ❑ Community Sewage Disposal System ❑ Ten-Acre Permit Exemption (see Sewage Notice 2)
193 ❑ Individual Ort-lot5ewage Disposal System (see Sewage Notice 1) ❑ Holding Tank (see Sewage Notice 3)
194 ❑ Individual On-lot Sewage Disposal System In Proximity to Well (see
195 ry Sewage Notice 1; see Sewage Notice 4; if applicable)
❑ None (see Sewage Notice 1) ❑ None Available/Permit Limitations In Effect (see Sewage Notice 5)
196 ❑
197 Buyer lnitialr. / ASRPage4ofti Revised1/12 Selerlnklais: /
198 (D) Historic Preservation
199 Seger is not aware of historic preservation restrictions regarding the Property unless otherwise stated here:
200
201 (E) ❑ Property, ora portion of It, is preferentially assessed for tax purposes under the following Act(s) (See Notices Regarding Land
202 UseRestrktionsr
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 F.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
2Q8 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 Seger or anyone on Seller's behalf, including notices relating to violations of zoning, housing, building, safety,
210 or fire ordinances that remaln uncorrected, and that Sellerknows of no condition that would constitute a violation of any such
.211 ordinances that remain uncorrected, unless otherwise specified here.
212
213 (G) Seger 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 thb Agreement is contingent on Buyer's right to Inspect and/or repair the Property, or to varify insurability, environmental
218 condWons, boundaries, certifications, zoning classification or use, or any other Information regardbV the Property, Buyer'sfallure
219 to exercise any of Burger's options within the times set forth in this Agreement Is a WAIVER of that contingency and Guyer accepts
220 the Property and agrees to the RELEASE In Paragraph 25 of this Agreentrift
221 12. INSPECTIONS (1-10) (See Notices Regarding Property and Environmental inspections)
222 (A) (lights 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 ileenseels) may attend any inspections
225 1 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. Wer will have heating and aw utli ties (including fuel(s)) on for all Inspectionslappra)sals.
228 4. All inspectors, including home Inspectors, are authorized by Buyerto provide a copy of any inspection report to Broker for Buyer.
229 5. Seger has the right, upon request, to receive a free copy ofany Inspection report from the party for whom It was prepared.
230 (8) Buyer walvesorelects, atBuyers expense, tohave thefollowing InspeMons,certifications,arid Investigations (referred toas
231 'inspection" or `inspections' performed by professional contractors, home inspections, engineers, architects and other properly
232 licensed or otherwise qualified professionals. tithe same inspector is inspecting more than one system, the Inspector must comply
233 with the Home Inspection Law. (See Notice Regarding the Horne Wpm-don 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 "Reportsl, and accept the Property, terminate the Agreement, or submit a
236 Written Corrective Proposal(s) to Seller, according to the terms of paragraph 13(0).
237 Home/Property and Environmental Hazards (rtwld, ate.)
238 Elected Buyer may conduct an Inspection of the Property's structural components roof; exterior windows and exterior doors; Waived
239 ML- exterior sing, Exterior Insulation and Finish Systems, fascia, gutters and downspouts; swimming pods, hot tubs and
240 spas; appliances; electrical systems; Interior and exterior plumbing; public sewer systems; heating a nd cooling systems,
241 water penetration; electromagnetic fields; wetlands and flood plain delineation; structure square footage; mold and
242 other environmental hazards (e g. furgl, 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 ful I member to 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)
248 Wood infestation
249 Elected Buyer mayobtain a wrhten'Wood-Destroying Insect Infestation Inspection RepoWfrom an inspector certified as a
250-7W-/- woad-destroykng pests pesticide applicator and will deliver it and all supponing documerrts and drawings provided Waived
251 bythe Inspector to Seller. The Report Is to be made satisfactory to and in compliance with applicable laws, mortgage .T
252 lender requirements, or Federal Insuring and Guaranteeing Agency requirements. The Inspection is to be limited
253 to all madHy-vlsible 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 infestation(s), Buyer may
256 obtain a written reportfrom a professional contractor, home inspector or structural engineerthat Is limited to
257 structural damage to the property caused by wood-destroying organisms and a Proposal to repair the Property.
258 Water Service
259 Elected Buyer may obtain an Inspection of the quality and quantity of the water system from a properly licensed or otherwise _ _ W&ed 1
260 qualified water(weli testing company. If and as required by the inspection company, Seller, at Seller's expense, will
261 locate and provide access to the on-site (or tndlvtd uaq water system, Seller will restore the Property to its previous
262 condition, at Sekees expense, prior to settlement.
263 Buyer Intoals: / A511Page 5 of t 1 Revised 1/12 SellerInitlalr /
i
1
264 Radon
265 Elected Buyer may obtain a radon test of the Propertyfrom a certified inspector.The U.S. Environmental Protection Agency d
266 (EPA) advises corrective action if the average annual exposure to radon is at or exceeds 0.02 working levels or
267 4 plcoCuries/Iltre (4pCVU.
268 On-lot Sewage (N Applicable)
269 Elected Buyer may obtain an Inspection of the Individual on-lot sewage disposal system from a qualified, professional ad
270 Inspector. If and as required by the Inspection company, Seiler, at Seller's expense, will locate, provide access to,
271 and emptythe Individual on-lot-sewage disposal system.SellerwillrestoretheProperrytoIts previous condition,
272 at Seller's expense, prior to settlement See paragraph 13(C) for more information regarding the Individual do-lot
273 Sewage Inspection Contingency.
274 Property Insurance
275 Elected Buyer may determine the Insurability of the Property by making application for property and casualty insurance d
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 Buyers expense, which may need to be ordered 14 days or more prior to Settlement Date.
279 Property Boundary
280 Elected Buyer may engage the services of a surveyor, title abstractor, or other qualified professional to assess the legal ~ad
281 description, certainty and location of boundaries and/or quantum of land. Most Sellers have not had the Property
/
282 surveyed as it is riot a requirement of property transfer In Pennsylvania. Any fences, (ledges, wa lls and other natural
283 or constructed barriers may or may not represent thetrue boundary Ines of the Property. Arty numerical
284 representations of sme of property are approximations only and may be Inaccurate.
285 Deeds, Restrictions and Zoning
286 Elected Buyer may Investigate easements, deed and use restrictions (including any historic preservation restrictions or Wa)yed
287 ordinances) that apply to the Property and review local zoning ordinances. Buyer may verifythat 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 orkly)
291 Elected Before Buyer Is obligated to purchase a residential dwelling built priorto 1978, Buyer has the option to conduct a yed
292 riskassessment and/or Inspection of the Propertyfor the presence of lead-based paint and/or lead based paint haz- /
293 ands unless Buyerwalves that right Regardless of whether this inspection Is elected or waived, the Residential
294 Lead-Based Paint Huard Reduction Act requires a Seller of property built prior to 1978 to provide the
295 Buyerwith 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 toad-
297 based paint hazards and any lead-based paint records regarding the Property. (See Notices Regarding
298 Residential Lead-Based Paint Hazards Reduction Act)
299 Elected Other waived
300
301
302
~ The Inspections ect above not apply to the o ng existing con loons an or Items.
305
306 13. INSPECTION CONTINGENCY 0 -10)
307 (A) The Contingency Period is JC) days (10 if not specified) from the Execution Date of this Agmementfor 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 arty Inspection elected In Paragraph 12(C) is unsatisfactory to Buyer, Buyer will,
315 with in the stated Contingency Periods
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. Presernt*a report(s) to Seller with a Written Corrective Proposal rProposa)9 listing corrections and/or credits desired by
320 Buyer. The Proposal may, but is not required to, Include the name of a properly4oensed 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 requl-
323 rements if performed in a workmanlike manner according to the terms of Buyers Proposal.
324 a. No laterthan5_days (S if not spedfied) from the end of the Contingency Perlod(s), Seller wig inform Buyer in writing that
325 Sellerwllk
326 (1) Satisfy all the terms of Buyers Proposal(s), OR
327 (2) Not satisfy all the terms of Buyer's Proposal(s), OR
328 b. If Seger agrees to satisfy the terms of Buyer's Proposal or Buyer and Seller enter Into a mutually acceptable written agreement,
329 Buyer accepts the Property and agrees to the RELEASE in Paragraph 25 of this Agreement.
330 Q n Z days (2 9 not specified) of the receipt of written notification that Seller will not satisfy all to uyer's
331 Buyer Initiei6 / ASA Page 6 of 11 Revised 1/12 Seger Initials: /
332 Proposal, or the time stated in paragraph 13(8)(3)(a) If Seller fails to choose either option In writing, whicheveroccurs first,
333 Buyer will:
334 (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 Seiler, providing for any repairs or improvements to the
339 Propertyand/or any credit to Buyer at settlement, as acceptable to the mortgage tender, 9any.
340 If Buyer fatle to respond within the time stated In Paragraph 13(8)(3)(c) or falls to terminate this Agreement by written
341 notice to Seiler within that time, Buyerwill accept the Property and agree to the RELEASE in Paragraph 35 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 spedfied) of receiving the Report, submit a Proposal to Buyer. The Proposal will Ind ude, but not be II mated to, the name of
345 the company to perform the expansion or replacement, provisions for payment, including retests, and a projected completion date
346 forcorrective measures, Within '5 DAYS of receiving Setters Proposal, or if no Proposal Is provided within the stated time,
347 Buyer will notify Seller in writIng~uyer's choke to:
348 1. Agree to the terms of the Proposal, acceptthe 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 arty governmental authority, Buyer will correct the defects before settlement or within the time required
353 by the mortgage lenderand/or govern mental authority, at Buyers sole expense, with permission and access to the Property gven
354 by Seller that may not be unreasonabty withheld . If Set ler denies Buyer permission and/or access to correct the defects, Buyer
355 may, within b DAYS of Seller's denial, terminate this Agreement by written notice to Seller, with all deposit monies returned to II
356 BuyeraccorZmg the terms of Paragraph 23 of this Agreement.
357 If Buyerfallsto respond within the time stated In Paragraph 13(C) or fails to terminate this Agreement bywritten notice to
358 Seiierwithln thattirnk Buyer will accept the Property and agree to the RELEASE in Paragraph 25 of this Agreement.
359 14. NOTICE, 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, Seiler will within 5 DAYS of receiving the notices and/or assessments provide a copy ofthe notices and/or assess-
362 meats to Buyer and will notify Buyer in writing that Seller w1k
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 w thin the stated time to notify Buyer whether Seger will comply, Buyer will notify Seller In writing within 5 DAYS j
367 thatBuyerwill:
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 Seiler, with all deposit monies returned to Buyer according to the terms of
371 Paragraph 23 of this Agreement.
372 if Buyerfaft to respond within the time stated In Paragraph 144A)(2) orfells to terminatethls Agreement by written notice
373 to Sellar within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 25 of this Agreement
374 (B) If required bylaw, within 90 DAYS from the Execution Date of this Agreement, but In no case laterthan 15 DAYS prior to
375 Settlement Date, Seller will order at Sellers 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. E Buyerreceives a notice of any required repairs/improvements, Buyer will promptly deliver a copy of the notice to Sell ler.
378 1. Within 5 DAYS of receiving notice from the municipality that repalrsAmprovements are required, Seller will delver a copy of
379 the notice to Buyer and notify Buyer in writing that Sellerwilk
380 a Make the required repairsAmprovernents 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 repairsArnprovements. 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 Buyers 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 falls to terminate this Agreement by written
389 nodee to SaBer within thattime, Buyer wil accept the Property mid agree to the RELEASE In Paragraph 25 of this
390 AgrGetnr rit, and Buyer accepts the responsibitityto perform the repairs/Improvements according to the torahs of the notice
391 provided bythe 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 Seiler, with all deposit monies returned to Buyer according to the terms of Paragraph 23 of this Agreement.
395 3. If repairs4mprovements are required and Seger falls to provide a copy of the notice to Buyer as required in this Paragraph, Seller
396 will perform all repairs/improvements as required by the notice at Sellers expense. Paragraph 14(6)(3) will survive settiement.
397 Buyer Initials _ / ASR Page 7 of l l Revised 1/12 Seller InItlals; `4 /
398 35. 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 u nit of a condominium that Is primarily run by a unit owners' association, Section 3407 of the
401 Uniform Condominium Actof Pennsylvania (see Notice Regarding Condominiums and Planned Communities) requires Sellerto
402 furnish Buyer with a Certificate of Resale and copies of the condominium declaration (other than plats and plans), the bylaws and
403 the rulesand regulations ofthe association.
404 0 PLANNED COMMUNITY (HOMEOWNER ASSOCIATION). The Property Is part of a planned community as defined by the
40S Uniform Planned Community Act (see Notice Regarding Condominiums and Planned Communities). Section 5407(a) ofthe Act
406 requires Seller tofuinIsh Buyerwith 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 W Within 15 [LAYS from the Execution Date of this Agreement, Seger, 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 b 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 S 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 Buyeraccording 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 refusa% and the association exercises that right, Seller will
420 reimburse Buyer for any costs incurred by Buyerfor any inspections or certifications obtained according to the terms of the
421 Agreement, and any costs incurred by Buyer for. (1) Title search, tide insurance and/or mechanics' lien insurance, or any fee for
422 cancellation; (2) Flood insurance and/orfire insurancewtth 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 tide that is Insurable by a reputable title insurance company at the
426 regular rates, free and clear of all Bens, 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: (T) Title search, tide Insurance and/or mechanI& lien Insurance, or any fee for cancellation;
430 (2) Rood Instnrance;fire insurance, hazard insurance, mine subsidence Insurance, or any fee for cancellation; (3) Appraisal fees
431 and charges paid in adva rice to mortgage lender, (4) Buyer's customary settlement costs and accruals.
432 (C) Any surrey 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 tide 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 Sel lerr 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 arry musts 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) 011, gas, mineral, or other rights of this Property may have been previously conveyed or teased, and Sellers make no Tepresenta-
441 Lion aboutthe status of those rights unless Indicated elsewhere in this Agreement.
442 ❑ 011, Gas and Mineral Rights Addendum (PAR Form OGM) Is attached.
443 (F) COAL NOTICE 0"a Applicable)
444 THIS DOCUMENTMAYNOTSEU., CONVEY, TRANSFER, INCLUDE OR INSURETHETITLETO THECOALAND RIGHTS OF SUPPORTUNDERNEATH
445 'MESURFACE AND DESCRIBED ORREFERREDTOHERE3KANDTHEOWNER OROWNERS OFSUCH COAL MAYHAVETHECOMPLETE LEGAL
446 RiGHTTO REMOVE ALL SUCH COALAND IN THATCONNECTION, DAMAGEMAY RESULTTO THE SURFACEOF 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 t of the Act of
448 July 17,19S7, P.L.98Q "Buyer admowtedges that he may be obtaining the right of protection against subsidence resulting from
449 coal mining operations, and that the property described herein maybe protected from damage due to mine subsidence by a
450 private contract wtth 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 nota "recreational cabin" as defined in time Pennsylvania Construction Code Act unless otherwise stated here
454 (See Notice Regarding Recreational Cabins}
455 (fl) This property is not subject to a Private Tr er ee ga on un sot erw stet see o cur rig to
456 Transfer FeW.
457 ❑ PrivateTrmrsfer A um (P Form PTF e .
458 17. MAMMANCE AND RISK OF LOSS (1-10)
459 (A) SellerwiN maintain the Property, grounds, fbctures and personal property specifically listed In this Agreement In Its present condition,
460 normal wear and teas excepted.
461 (B) Ifarysystem orappliance included Inthesale ofProperty fails before settlemer% Seiler will,
462 1. Repair or replace the failed system or appliance before settlemen4 OR
463 2. Provide prompt written notimtoBuyer ofSellef'sdecision to.
464 a. Credit Buyer at settlement for the fair marketvalue of the failed system or appliance, as acceptable tot he mortgage tender,
465 if any, OR
466
Buyer tnittaLs: ASR Page 8 of 11 Revised 1/12 Seger Initials: 4;' /
Mli i- I
467 IS. 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 Sellerdoes not repair or replace the failed system or appliance or agree to credit Buyerfor Its fair market value, or if Seiler
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 Seger, with all deposit monies returned to Buyer according to the terms of
474 Paragraph 23 of this Agreement.
475 If Bayer fags to respond within the time stated In Paragraph 17(6)(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 ofthis 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 Seger, will not cover or warrant any pre-existing defects
486 of the Property, and wig 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 wig 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. i
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 transferor 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. GOVMNNG LAW, VENUE & PER50NAL"ISDICTION ("5)
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 oftfheCommonwealth ofPennsylvania.
499 (B) The parties agree that any dispute, controversy orclalm arising underer 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 (i-10)
503 (A) AN representations, claim, 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 l
505 Agreement contains the whole agreement between Seger and Buyer, and there are no other terms, obligations, covenants, i
506 representations, statements orconditions, oral or otherwise, of any kind whatsoeverconcerning this sale. This Agreement will not be If
507 altered, amended, clanged or modified except In writing executed by the parties.
508 (B) Unless otherwise stated in this Agreement, Buyer has Inspected the Property (inducting fixtures and any personal property I,
509 specifically listed herdn) 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 ends Ling in the locale where the Property Is situated= nor have they made a mechanical Inspection of any of
S14 the systems contained therein.
515 (C) Any repairs required by this Agreement will be completed in a workmanlike manner.
516 (0) Broker(s) have provided or may provide services to assist unrepresented parties In complying with this Agreement.
517 23, DEFAULT, TWMINATiON 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 monles 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 occurfor 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 priorto settlement and there is no dispute over entitlement to the depostt monies. A written
525 agyeementsigned by both parties Is evidence that there K 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 Seger, 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))
531 Buyer lnltfals:T-,, --1 ASR Page 9 of 11 Revised 1/12 Seller tn(tlals /
i
532 (C) Buyer and Seller agree that if there is a dispute overthe 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 monles 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 j
535 written notice that the dispute is the sub)ect of litigation. If Broker has received verifiable written notice of litigation prior
536 to the receipt of Buyers 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. Buyerand 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 Seger agree that if any Broker or affiliated licensee is named In litigation
regarding deposit
543 monies, the attomeys'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. Fall 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. MolateorfailtofulfillandperformartyotheriermsorconditionsofthisAgreement
549 (F) Union 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 Sellers damages, OR
552 3. As liquidated damages for such default.
553 (G W SELLER IS LIMITED TO RETAINING SUMS PAID BY BUYER,, iNCLMNG 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 (1) Brokers and licensees are not responsible for unpaid deposits.
5S8 24. MEDIATION(1-lo)
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/liome Buyers Dispute
561 Resolution System, unless it Is not available, in which case Buyer and Sellerwil I 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 limitatlons from
565 expiring. Any agreement reached through mediation and signed by the parties will be binding (see Notice Regarding Mediation). Any
566 agreementto mediate drsixites or claims arising from this Agreementwill survive settlement.
567 25. RELEASE ("S)
566 Buyer releases, guitclalms 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 Noble by or through there, 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 htdividual 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 terns of this Agreement, or In violation of any seller disclosure law or regulation,
575 this rekiase does not deprive Buyer of any right to pursue any remedies that may be available u nder law or equity. This release
576 will survive settlement.
577 26. REAL ESTATE RECOVERY FUND (9-05)
578 A Real Estate Recovery Fund existsto reimburse any persons who have obtained a final civil Judgment against a Pennsylvania real estate
579 Ikensee 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, tail (717) 7833658 or (800) 822-2113 (wfthln
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 orallows communkation/delivery to a Buyer, that provision shall be
584 satisfied by communication/delivery to the Bmkerfor Buyer, if arty, except for documents required to be delivered pursuarttto
585 Paragraph 1 S. If there is no Broker for Buyer, those provisions may be satisfied only by communkat(Dn/delivery being made directlyto
586 the Buyer, unless otherwise agreed to by the parties, Wherever this Agreement contains a provision that requires orallows communicat
587 ion/dellvery to a Seller, that provision shall be satisfied bycommunication/delivery to the Broker for Seger, 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.
59D 28. SPECIALCLAUSE5 (11-09)
591 (A) The following are partof this Agreement If checked:
592 ❑ Sale & Settlement of Other Property Contingency Addendum (PAR Form 5SP)
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)
59.5 j] Short Sale Addendum to Agreement of Safe (PAR Form SHS)
596 R Appraisal Contingency Addendum (PAR Form ACA)
597 ❑
598 ❑
599
600 BuYe►Initlalsrr ! ASR Page 10 of l l Revised 1/12 Seller Initials: f.L6--.
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601 (B) AdditionalTennx
602
603
604 S ulq~e C~ ~o .~-1n,~, , Ire v~c Cu w Cd o~, qr~s
605
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606
607
Cow+ F",6 'rte' I
608
610 Q-W
. 609 Nr44 acs
/ 611 t'~ ` • C&4 rt V twa 1 y~
612
613 1
614 !
615
616
617
618 Suyer 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 counterparb, each of which shall be deemed to been original and which counterparts
620 together shalt constitute one andthe same Agreement of the parties.
621 NOTICE TO PARTI M WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Parties to this tnuuaction 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, Inckiding return by electronic transmission, bearing the signatures of
624 all parties, constitutes acceptance by the parties.
625 P / Buyer has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. code §35.336. !
/ Buyer has received a statement of Buyer's estimated dosing costs before signing this Agreement.
627 / Buyer has read and understands the notices and explanatory information in this Agreement.
628 / Buyer has received a Seller's Property Disclosure Statement before signing this Agreement, N required by law (sae
629 , Information Regarding the Real Estate Seller Disdosure Lawr).
630 1 I Buyer has received the Deposit Money Notice (for cooperative sales when Broker for seller Is holding deposit money)
before signing this Agreement.
632 / Buyer has received the Lead-Based Point Hazards Disclosure, which Is attached to this Agreensentof Sale, and the
633 panphtm Protect Your Family from Lead in Your Home (for properties bulk prior to 1978)
634
635 w11NE5$ ~~~~K/ BUYER (j✓j DATE I r l
636 wrrMS BUYER DATE
637 WITNESS BUYER DATE
636 Seger has received the Consumer Notice as adopted by the State Rea, Estate Commission at 49 Pa. Code §39336.
639 Seger s received a statement of Seller's estimated closing oats before signing this Agreement.
Sefler r a the rro cgs and explanat Information M this Agreement.
641 WITNESS ELLEN DATE 7-41
642 WITNESS ELLEN i`_ DATE I
643 WITNESS SE J. 1 r 1 DATE
A5R Page 11 of 11 Revised 1 M 2
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
Estate of ROSE HELEN HERLIHY, Deceased File No. 2012-01164
Date of Death: 05/29/2012 PA File No. 21-12-1164
AFFIDAVIT
AND NOW, comes Deborah Loving, of Coldwell Bank Homestead Group, and
verifies the following:
I . I have inspected the subject real property to be sold;
2. I am acquainted with the value of the real estate in the locality of the subject real
estate;.
3. I am not, personally, interested in the proposed sale of subject real estate, other
than being seller's agent.;
4. It is my opinion that the proposed consideration is more than can be obtained at
public sale;
5. Submitted under penalty of law.
Dated:
eborah Loving
Before the undersigned personally appeared the party executing this Affidavit
a d certified that she executed the Affidavit for the purposes stated within on this
r~ day of AvyeexbG/ , 2012.
o ry Publi
My Commission Expires:
I-ENJMSYLVANIA
Exhibit B-I
<'.O 13
C:OUR'I' OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
Estate of ROSE HELEN HERL IHY, Deceased File No. 2012-11164
Date of Death: 0512912012 PA File No. 21-12-1164
AFFIDAVIT
AND NOW, comes Richard Contes, of Coldwell Bank Homestead Group Select
Professionals, and verifies the following:
I . I have inspected the subject real property to be sold;
2. 1 am acquainted with the value of the real estate in the locality of the subject real
estate;.
3. 1 am not, personally, interested in the proposed sale of subject real estate, other
than being buyer's agent.;
4. It is my opinion that the proposed consideration is more than can be obtained at
public sale;
5. Submitted under penalty of law.
Dated: l' _ l WJA. Q am
Richard Contes
Before the undersigned personally appeared the party executing this Affidavit
and certified that she executed the Affidavit for the purposes stated within on this
,`day of 2012.
COMMOMMAL.TN OF teNksY V^M^^
NOTARIAL SE/U
AMANDA B. LWAEE, Nobry P NcV
;r/ Nom" b!Lw 23,2div
Nbtary Public
My Commission Eitpfires:=_;
Exhibit B-2
z .1
Estimate of Sellers Proceeds
SELECT
PROFESSIONALS
Street:23 Kensington Drive
CIty:Camp Hill State:PA Zip:17011
Estimated We Price: $129,900.00
1 Listing commission to market & negotiate sale 6.00% $7,794.00
$ 395.00 $395.00
2 Buyer broker commission (advertised in MLS) % $.00
3 Broker Fee (CB Corporate)
Total Brokerage Rees: $8,189.00
4 Closing Costs for buyer (negotiable) $3,897.00
5 Transfer Tax (buyer pays 1%, seller pays 1%) $1,299.00
6 Misc. (County, Courthouse, notary, etc.) $250 est, $90.00
7 Deed $125.00
8 Tax Re-itnbursemenVEscrvw refund -
9 Home Warranty
10 Use and Occupancy Permits
Total Other Selling Costs: $5,411.00
i
11 Summary
I
12 Sale Price $129,900.00
13 Minus Total Brokerage Fees $8,189.00
14 Minus Total Other Selling Credits $5,411.00
15 Minus 1 st Mortgage Payoff $301000.00
16 Minus 2nd Mortgage Payoff
Seller's Estimated Proceeds: $86,300.00
Consumer Disclosures: Any market analysis prepared by an agent has not been performed In accordance with the uniform standards of professional appraisal
practice, which "Iresvalums to act as unbiased, disinterested third parries with Impartiality, objectivity in independence and without a combination of persona I
Interest It is not to be construed as an appraisal and may not be used as such for any purpose. *Commission rates in the State of PA are to be determined as a result of
negotiations between the Agent and the Owner and have not been established by any association of Realtors or by any other organization or Individual. The examples
shown are not Intended to reflect the fees of any specific company.
Seller has reviewed the estimated costs listed above and acknowledges all fees, taxes, and costs.
Seller 1 Date Seller 2 Date
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