HomeMy WebLinkAbout02-21-13
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Andrew C. Sheely, Esquire -M 6D (D
127 S. Market Street W -0 CM (f)
P.O. Box 95 P' r'-) ;Vt
Mechanicsburg, PA 17055 rn
PA ID NO. 62469
717-697-7050 (Phone) N T`
717-697-7065 (Fax) Ca C)
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IN RE: THE ESTATE OF : IN THE COURT OF COMMON PLEAS OF
GLADYS M. OWENS, : CUMBERLAND COUNTY, PENNSYLVANIA
Deceased
: ORPHANS COURT DIVISION
: NO. 21-11-1255
ESTATE MOTION TO APPROVE SALE OF REAL ESTATE
Petitioner, Carmella Colban, Executrix of the Estate of
Gladys M. Owens, hereby files this Motion seeking Court approval
of the sale of the decedent's residence, and respectfully states
as follows:
1. Petitioner is the Estate of Gladys M. Owens, by and
through it's Executrix, Carmella Colban.
2. On or about December 8, 2012, the Estate conducted a
public sale with reserve at the decedent's residence located at
207 East Locust Street, Mechanicsburg, PA, 17055.
3. The highest bid of $60,000.00 received at the public
sale was rejected by the Estate.
4. Following a hearing before the Court on December 13,
2012, an Order of Court was entered and docketed permitting the
Estate's listing of the real estate for sale through a licensed
lib
realtor in the Commonwealth of Pennsylvania. A copy of the
Court Order is attached hereto as "Exhibit All.
5. Subsequent to the December 13, 2012 Order of Court, an
offer was received on the Decedent's real estate for an amount
of $95,000.00, with $5,000.00 seller's assist, along with other
terms and conditions set forth in the Agreement of Sale dated
February 11, 2013. A copy of the Agreement of Sale is attached
hereto as Exhibit "B".
6. The February 11, 2013 Agreement of Sale is contingent
upon Court approval in accordance with paragraph 5 of the Order
of Court.
7. Beneficiary Phyllis Henneman has contacted counsel for
the Estate and indicated that she is agreeable to the proposed
Agreement of Sale.
8. Beneficiary Joseph Owens, Jr. has contacted counsel for
the Estate and indicated that he is agreeable to the proposed
Agreement of Sale.
9. On February 11, 2013, the proposed Agreement of Sale
was forwarded to counsel for beneficiary Rose M. Neidig for her
approval, but counsel for the Estate has not received
confirmation from counsel for Rose M. Neidig prior to the filing
hereof.
10. Counsel for the Estate has not received any approval
or disapproval from beneficiary Holly M. Owens after notice by
2
letter dated February 11, 2013.
11. The Agreement of Sale has a proposed settlement date
of March 15, 2013.
12. Petitioner believes that the sales price set forth in
the Agreement of Sale is in the best interest of the Estate as
the offer is substantially higher than the amount received at
the public sale on December 8, 2012.
13. Petitioner believes that the sales price set forth in
the Agreement of Sale is in the best interest of the Estate due
to the condition of the home, the market conditions and other
available homes in close proximity to the decedent's residence.
14. Petitioner believes that a timely settlement is in the
best interest of the Estate and beneficiaries.
15. Beneficiaries Rose M. Neidig and. Holly M. Owens do not
concur with the relief requested herein as no responses have
been received from them prior to the filing hereof.
16. A copy of this Motion and the attached order of court
was forwarded in advance of filing to beneficiary Rose M. Neidig
through her counsel, Anthony McBeth on February 21, 2013.
17. A hearing on this matter is anticipated to take less
than one (1) hour.
18. The Honorable Thomas A. Placey has previously issued
orders of court in this case.
WHEREFORE, Petitioner, Carmella Colban, respectfully
requests the entry of an order of court scheduling a hearing on
the relief requested herein so as to hear any objections to the
sale of the decedent's residence and for a subsequent order of
court approving the February 11, 2013 Agreement of Sale.
Respectfully submitted,
Andrew C. Sheely, Esquire
Attorney for Estate of
Gladys M. Owens, Carmella Colban,
Executrix
Date: February 2-0 , 2013
4
IN RE: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE OF GLADYS M. OWENS NINTH JUDICIAL DISTRICT
21-11-1255 ORPHANS' COURT DIVISION
IN RE: PETITION TO REMOVE EXECUTRIX OR COMPEL ADMINISTRATION
.d..
C) C/) ORDER OF COURT
AND NOW, this 13th day of December, 2012, upon
,,,cPnside2~jt:~;o~,j of the petition and response thereto and within the
c\J
0~1 t~re%nct(q whe parties, the Court hereby orders as follows:
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w cu ® X 1. The Executrix, Carmella Colban, is hereby
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directed toClist the property located at 207 East Locust Street,
Mechanicsburg, Pennsylvania, with Prudential Home Sales and
Service through Diane Lebo, whose offices are located at
3435 Market Street, Camp Hill, Pennsylvania, for a period of
90 days commencing upon the docketing of this Order of Court and;
2. The property shall be listed for an amount
not to exceed $110,000; and
3. Any beneficiary of the estate shall be
permitted to make an offer to the estate at any time during the
term of this order to purchase the property privately without the
payment of any real estate commissions; and
4. After a period of 90 days has expired the
property shall be listed for sale with Tony Leo of Exit Realty
Capital Area as listing agent for a period of 90 days; and
5. Any further agreement of sale reached in this
matter shall be approved only upon Order.of Court; and
6. The Executrix is directed to provide the
beneficiaries with an informal accounting of estate activities,
assets, and incomes within a period of 30 days after the
docketing of this Order of Court. In the event either party
seeks to obtain any appraisals of any jewelry or related matters,
they may obtain the appraisal within a period of 15 days
thereafter; and
7. Any interested party may file a subsequent
petition with the Court to challenge the informal accounting
submitted by the Executrix at any time after the due date as
submitted; and
8. The underlying issues in this petition and
answer are hereby preserved until further Order of Court.
By the Court,
Thomas A. Placey C.P.J.
Anthony T. McBeth, Esquire
407 North Front Street
First floor
Harrisburg, PA 17101
Andrew C. Sheely, Esquire
P.O. Box 95
Mechanicsburg, PA 17055
:mae
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): Jeffrey Hunt SELLER(S): Estate of Gladys M. Owens
BUYER'S MAILING ADDRESS: SELLER'S MAILING ADDRESS-
6 West Green Street
Mechanicsburg Pa. 17055
PROPERTY
PROPERTY ADDRESS: 207 East Locust Street Mechanicsburg Pa. 17055
in the municipality of Mechanicsburg
County of Cumberland
in the School District of Mechanicsburg , in the Commonwealth of Pennsylvania.
Identification (eg. Tax ID Parcel Lot, Block-, Deed Book, Page, Recording Date):
BUYER'S RELATIONSHIP WITH PA UCENSED BROKER
❑ No Business Relationship (Buyer is not represented by a Broker)
Broker (Company) Coldwell Banker Homestead Group Select Professionals Licensee(s) (Name) Steven Santiago
Company Address 4075 Market Street Direct Phone(s) 717-909-4758
Camp Hill Pa. 17011 Cell Phone(s) 717-443-4663
Company Phone 717-763-7500 Fax 717-763-0290
Company Fax 717-763-0790 Email Santiagoreaitor@gmaiLcom
Broker is Licensee(s) is:
Buyer Agent
Br Buyer Agent (Broker represents Buyer only) ❑ wth Designated Agency
❑ Dual Agent (Sae Dual and/or Designated Agent box below) Q 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 UCENSED BROKER
❑ No Business Relationship (Seller is not represented by a Broker)
Broker (Company) Prudential Homesale Services Licensee(s) (Name) Diane Lebo
Company Address 3435 Market Street Direct Phone(s) 717-761-7900
Camp Hill, Pa. 17011 Cell Phone(s) 717-802-0615
Company Phone 717-761-7900 Fax
Company Fax Email dlebo@prudentialhomesale corn
Broker W. Licensee(s) is:
❑x 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)
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. If the same Licensee is
designated for Buyer and Seller, the Licensee is a dual Agent.
By signing this ement, Buyer and Seller each acknowledge having been previously informed of, and consented to, dual agency, if applicable.
Buyer initials / ASR Page 1 of 11 Seller Initials:
Revised 1/12 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2012
1/10
1 By This Agreement dated February 11, 2013
2 Seller heretyy agrees to sell and convey to Buyer, wh , agrees to purchase, the identified Property.
3 2. PURCHASE MICE AND DEPOSITS (1-10)
4 (A) Purchase Price Ninety WAFee-1;housandand
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5 ( ~ Q ~ C5C'~ ~ ~ ,
F US. Dollars), to be paid by Buyer as follows:
7 1. Deposit at signing of this Agreement:-
IA00.00
8 2. Deposit within-. days 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 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 farm of payment and the person designated as payee, will be paid in US. 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 mon ies may be held uncashed pending the execution of this Agreement.
19
20 3. SELLER ASSIST (IF APPLICABLE) (1-10)
21 Seller will pay $ 5,000.00 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) Setdement Date is March 15, 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 tease(s) at the execution of this Agreement unless otherwise stated in this Agreement.
45 0 Tenant-Occupied Property Addendum (PAR Form TOP) is attached.
46 5. DATESMME IS OF THE ESSENCE (1-10)
47 (A) Written acceptance of all parties will be on or before: February 11 , 2013
48 (B) The Settlement Date and all other dates and times identified for the performance of any cif the obligations of this Agreement are
49 of the essence and are binding.
50 (C) The Execution Dateof 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 ofthe parties.
56 (E) Certain terms and time periods are pre-printed in this Agreement as convenience to the Buyerand 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: R-1
~e
64 Buyer initials 0--l- ASR Page 2 of i 1 Revised 1/12 Seller Initials: l~ /
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;
67 heating; radiator covers; lighting fixtures (including chandeliers and ceiling fans); pool and spa equipment (including covers and
68 cleaning equipment); electric animal fencing systems (exduding collars); garage door openers and transmitters; television antennas;
69 unpotted shrubbery, planting and trees; any remaining heating and cooking fuels stoned 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: Two Outdoor storage sheds And all existing window blinds.
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 S. 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 (]x ELECTED.
83 (A) This sale is contingent upon Buyer obtaining mortgage financing according to the following terms:
84 Fh st Mortgage on the Property Second Mortgage on the Property
85 Loan Amount $ 89,745.00 Loan Amount $
86 MinimumTerrn 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 %
90 Mortgage lender GMH Mortgage Services LLC Mortgage lender
91
92 interest rate 3.25 however, Buyer agrees to accept the interest rate however, Buyer agrees to accept the
93 interest rate as may Tie committed by the mortgage lender, not interest rate as may committed by the mortgage lender, not
94 to exceed a maximum interest rate of 3.85 96. to exceed a maximum interest rate of
95 Discount points, loan origination, loan placement and other fees Discount points, loan origination, loan placement and other fees
96 charged by the lender as a percentage of the mortgage loan (exdud- 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 % (096 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 bylaw and-
102 the mortgage lender(s), to contributefinancially, 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 Brokerfor Seller, is authorized to communicate with the mortgage lender(s) to assist
108 in the mortgage loan process.
109 (D) Buyer wn"q 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 tender to reject, refuse to
112 approve or issue a mortgage loan commitment.
113 (E) 1. Mortgage Commitment Date: Mar 10, 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 Unfit 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 pate in paragraph 8(E)(1),
123 or any extension thereof, other than those conditions t t 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 for any 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` lien insurance, or any fee for cancellation; (2)
129 Flood insurance, fire insurance, hazard insurance, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees and
130 arges paid in advance to mortgage lender(s).
131 Buyer Initials / ASR Page 3 of 11 Revised 1/12.
Setter Initials:
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 Buyers choice to:
140 a. Make the repairs/improvements at Buyers 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 N Buyer fails to respond within the time stated in Paragraph SM(2) or faits to tenmutate the Agreement by written notice
145 to Seller within that time, Buyer Witt 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 un less 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 $ 93,000.00
152 (the Purchase Price as stated in this Agreement). Buyer will have the privilegeand 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 himsefterself that the price and condition of the Property are acceptable.
156 Wanting: Section 1010 of Title 18, US.C., Department of Housing and Urban Development and Federal Housing Administration
1-57 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 I
163 not perform a home inspection nor guarantee the price or condition of the Property.
164 (1) 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 (picoCunes/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 in itat Row.
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 Public Water ❑ Community Water ❑ On-site Water ❑ None ❑
190 (C) SAtus of Sewer
191 eller represents that the Property is served by:
192 Public Sewer ❑ Community Sewage Disposal System [J 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 ❑
197 Buyer Initials: 1 ASR Page 4of11 Revised 1/12 Seller Initials: /
198 (D) Historic Preservation
199 Seller is not aware of historic preservation restrictions regarding the Property unless otherwise stated here:
200
201 (E) ❑ Property, ora portion of k is preferentially assessed fortax 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 Seiler 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 (Hy 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 tones 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. Buyers 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 allInspections/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 Buyers 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.)
238 ed Buyer may conduct an inspection of the Property's structural components, roof; exterior windows and exterior doors; Waived
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; electromagneticfieids wetlands and flood plain delineatiorr, structure square footage, mold and
242 other environmental hazards (eg. 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)
248 Wood Infestation
249 ed Buyer may obtain a written "Wood-Destroying Insect Infestation Inspection Report" from an inspector certified as a
250 / 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 Buyers 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
259 Elected Buyer may obtain an Inspection of the quality and quantity of the water system from a properly licensed or otherwise *d/
260 qualified water/well 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 individual) water system. Seller will restore the Property to its previous
262 condition, at Sellers expense, prior to settlement 4 ,
W
263 Buyer Initials: ! ASR Page 5 of 11 Revised 1/12 Seller Initials:
/
264 Radon
265 Elected Buyer may obtain a radon test of the Property from a certified inspector. The US. Environmental Protection Agency ~ed
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/Q.
268 On-lot Sewage (if Appficable)
269 Elected Buyer may obtain an inspection of the individual on-lot sewage disposal system from a qualified, professional ~
270 inspector. if and as required by the inspection company, Seller, at Sellers expense, will locate, provide access to, NP-
271 and empty the individual on-lot-sewage disposal system. Seller will restore the Property to its previous condition,
272 at Sellers expense, prior to settlement See paragraph 13(07 for more information regarding the Individual On-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
a0da
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
280 Elected Buyer may engage the services of a surveyor, title abstractor, or other qualified professional to assess the legal
281 description, certainty and location of boundaries and/or quantum of land. Most Sellers have not had the Property
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282 surveyed as it is not a requirement of property transfer in Pennsylvania. Any fences, hedges, wails and other natural
283 or constructed barriers mayor 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
286 Elected Buyer may investigate easements, deed and use restrictions (including any historic preservation restrictions or
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 rare) 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)
291 Elected Before Buyer is obligated to purchase a residential dwelling built prior to 1978, Buyer has the option to conduct a Cjrred
292 _L_ 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 Seiler of property bulk prior to 1978 to provide the
295 Buyer with an EPA-approved lead hazards information pamphlet tided 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)
299 Elected Other Waived
300
301
302
303 The inspections elected above do not app to the owing 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(Q, 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 req ui-
323 rements if performed in a workmanlike manner according to the terms of Buyers 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 Buyers Proposal or Buyer and Seller enter into a mutually acceptable written agreement,
329 Bu accepts the Property and agrees to the RELEASE in Paragraph 25 of this Agreement
330 Within days (2 if not specked) of the receipt of written notification that Seller will not satisfy all terms of Buyer's( J~/ `
331 Buyer initials: / ASR Page 6 of 11 Revised 1/12 Seiler initials: / y
332 Proposal, or the time stated in paragraph 13(8)(3)(a) if Seiler fails to choose either option in writing, whichever occurs 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 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 fags to respond within the time stated in Paragraph 13(B)(3xc) 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 specked) 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 o yer'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 authorrty, Buyer will correct the defects before seidementor 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, wtthin 5 DAYS of Seller's denlaL terminate this Agreement by written notice to Seller, with all deposit monies returned to
356 Buyer accor icTg 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 N 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 bylaw, 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 notrcefnom the municipality that repairsrmprovements 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 repairsrrnprovements 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 repairsrmprovements, Buyer wil l
383 notify Seller in writing within 5 DAYS that Buyer wilt:
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 tf 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 repairshmprovements 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 perform all repairs/improvements as required by the notice at Seller's expense. Paragraph 14(8)(3) will survive ettlement
397 Buyer initials: / ASR Page 7 of 11 Revised 1/12 Seller initials: /
398 15. CONDOMINIUM/PLANNED COMMUNITY (HOMEOWNER ASSOCIATIONS) RESALE NOTICE (1-10)
399 Property is NOTa Condominium or part ofa 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 Sellerto 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 feefor
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 thefollowing: (1) Title search, title insurance and/or mechanics' kn insurance, or any fee for cancellation;
430 (2) Flood insurance, fire insurance, hazard insurance, mine subsidence insurance, or anyfee 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 Buyerfor any costs incurred by Buyerfor 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(0, 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 Farm OGM) is attached.
443 (F) COAL NOTICE (Where Applicable)
444 THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURETHE TITLETO 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 RIGHTTO REMOVE ALL SUCH COAL AND IN THAT CONNECTION, DAMAGE MAY RESULTTO 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 I 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 ere (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
Z
466
Buyer Initials: / ASR Page 8 of 11 Revised 1/12 Seiler Initials: /
IV-
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 Buyerfor its fair market value, or if Seiler
470 falls 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(8)(3) or fads to terminate this Agreement by written
476 notice to Seiler within that time, Buyer wdl 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 0-10)
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 orfederal 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 Sellerand 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 occurfor other reasons giving rise to claims by Buyer and/or Seller for the deposit
521 monies.
522 (B) Regardless of the apparent entitlementto 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))
531 Buyer Initials: ASR Page 9 of 11 Revised 1/12 Seller Initials.
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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 requestfor 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 fall 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 1 As monies to be applied to Seller's damages, OR
552 3. As liquidated damages for such default.
553 (G) 9 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 ansefrom 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 notavailable, 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 mediators 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 Brokerfor Buyer, if any, except for documents required to be delivered pursuant to
585 Paragraph 15. If there is no Brokerfor 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 Seiler, 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
600 Buyerlnitials: / ASR Page 10 of l l Revised 1/12 Sellerinitials: . --9/
601 (B) Additional Terms:
602
603 C ill tl ~'V~1 U ~.i ~f 1 ; l \rl C C~ V C Cam' G` (.E . (0
604 J
605J
606 1
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. Patties 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
624 all parties, constitutes acceptance by the parties.
625 Buyer has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. code §35.336.
626 Buyer has received a statement of Buyees 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, if required by law (see
629 Information Regarding the Real Estate Seller Disclosure Law).
630 j Buyer has received the Deposit Money Notice (for cooperative sales when Broker for seller is holding deposit money)
631 before signing this Agreement.
632 j Buyer has received the Lead-Based Paint Hazards Disclosure, which is attached to th' Agreement of Sale, and the
633 pamphlet P ~qt Your Family from Lead in Your Home (for properties built prior t 978)
634
635 WITNESS BUYER
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 §35336.
639 Seller has received a tement of Seller's estimated dosing costs beforesigning this Agreement.
640 Seiler has read a rstands 7n aid explanatory information in this Agreement.
69'1 WITNESS SELLER ' St~t DATE ~ f =
642 WITNESS SELLER DATE
643 WITNESS SELLER DATE
ASR Page 11 of 11 Revised 1/12
Fax Server 2/20/2013 4:08:14 PM PAGE 2/002 Fax Server
VERIFICATION
I verify that the statements made in this Motion are true
and correct. I understand that false statements herein are made
subject to penalties of 18 Pa.C.S.A. Section 4904, relating to
unsworn falsification to authorities.
Date: February 2O , 2013 ca~~ coQ-
Carmella Colban, Executrix,
Estate of Gladys M. Owens
CERTIFICATE OF SERVICE
I, Andrew C. Sheely, Esquire, hereby certify that I am this
day serving the attached Motion upon the following named
individuals this day by depositing same in the United States
Mail, First Class, postage prepaid, at Mechanicsburg,
Pennsylvania, addressed as follows:
Anthony T. McBeth, Esquire,
Attorney for Rose M. Neidig
407 North Front Street
Harrisburg, PA 17101
Phyllis A. Henneman
111 Fairway Drive
Carlisle, PA 17015
Holly Owens
206 East Emaus Street
Middletown, PA 17057
Joseph C. Owens Jr.
13 Heathglen Road
Middletown, PA 17057
Date: February Z/ 2013
Andre C. Sheely, ttorney at Law