HomeMy WebLinkAbout03-19-13
J 1505610105
REV-1500 EX 'X-iz)(FI)
OFFICIAL USE ONLY
PA Department of Revenue pennsylvania
Bureau of Individual Taxes 1112 TI I IT ~F County Code Year Fle Number
PO BOX28o6o1 INHERITANCE TAX RETURN' ,gin yy~'~
Harrisburg, PA 1'7128-o6o1 RESIDENT DECEDENT ~y b
ENTER DECEDENT INFORMATION BELOW
Social Security Number Date of Death MMDDYYYY Date of Birth MP.IDDYYYY
193-12-9627 04/26/2008 11/11/1922
Decedent's Last Name Suffix Decedent's First Name MI
SELDERS MILDRED M
(If Applicable) Enter Surviving Spouse's Information Below
Spouse's Last Name Suffix Spouse's First Name MI
Spouse's Social Security Number
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
FILL IN APPROPRIATE OVALS BELOW
(>D 1. Original Return O 2. Supplemental Return O 3. Remainder Return (Date of Death
Prior to 12-13-82)
O 4. Limited Estate O 4a. Future Interest Compromise (date of O 5. Federal Estate Tax Return Required
death after 12-12-82)
O 6. Decedent Died Testate O 7. Decedent Maintained a Living Trust 8. Total Number of Safe Deposit Boxes
(Attach Copy of Will) (Attach Copy of Trust.)
O 9. Litigation Proceeds Received O 10. Spousal Poverty Credit (Date of Death O 11. Election to Tax under Sec. 9113(A)
Between 12-31-91 and 1-1-95) (Attach Schedule O)
CORRESPONDENT - THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO:
Name Daytime Telephone Number
Joseph D. Buckley, Esq. (717)4%2448 - M
3: 73
*IWE"F VVMCS US6'0
t '
.Z3 D r F~ y 't
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First Line of Address t 's
1237 Holly Pike
Second Line of Address
_wq
City or Post Office State ZIP Code DATE FILED
Carlisle PA 17013
Correspondent's e-mail address: JoeBLaw@aol.com
Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief,
it is true, correct and complete. Declaration of preparer other than the personal r ntative is based on all information of which preparer has any knowledge.
SIGN UR F PERSON RESPONSIBLE FOR FILING RETy ' DATE
o 02/28/2013
A~DDVt~SS
d5eJu er Rd, Newburg, PA 17240, PO Box 215, Plainfield, PA 17081, 110 Long R emille, PA 17241
S ATU E REPAR R OTH AN REP ESENTATIVE DATE
02/28/2013
DDRE
Holly Pike, Carlisle, PA 17013 5
PLEASE USE ORIGINAL FORM ONLY
Side 1
L 1505610105 1505610105
1505610205
REV-1500 EX (FI)
Decedent's Social Security Number
Decedent's Name: MILDRED M. SELDERS 193-12-9627
RECAPITULATION
1. Real Estate (Schedule A) 1. 125,000.00
2. Stocks and Bonds (Schedule B) 2. 0.00
3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) 3. 0.00
4. Mortgages and Notes Receivable Schedule D 4. 0.00
5. Cash, Bank Deposits and Miscellaneous Personal Property (Schedule E)....... 5. 6,246.74
6. Jointly Owned Property (Schedule F) O Separate Billing Requested 6. 10,764.91
7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property
(Schedule G) O Separate Billing Requested........ 7. 0.00
8. Total Gross Assets (total Lines 1 through 7) 8. 142,011.65
9. Funeral Expenses and Administrative Costs (Schedule H) 9. 31,557.92
10. Debts of Decedent, Mortgage Liabilities and Liens (Schedule 1) 10. 739.31
11. Total Deductions (total Lines 9 and 10) 11. 32,297.23
12. Net Value of Estate (Line 8 minus Line 11) 12. 109,714.42
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which
an election to tax has not been made (Schedule J) 13.
14. Net Value Subject to Tax (Line 12 minus Line 13) 14. 109,714.42
TAX CALCULATION - SEE INSTRUCTIONS FOR APPLICABLE RATES
15. Amount of Line 14 taxable
at the spousal tax rate, or
transfers under Sec. 9116
(a)(1.2) X .0 - 15.
16. Amount of Line 14 taxable
at lineal rate x .0 45 109,714.42 16. 4,937.15
17. Amount of Line 14 taxable
at sibling rate X .12 17.
18. Amount of Line 14 taxable
at collateral rate X .15 18.
19. TAX DUE 19. 4,937.15
20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT CIO
Side 2
L 1505610205 1505610205 J
REW500 EX (FI) Page 3 File Number -C' - G'S 1 L
Decedent's Complete Address:
DECEDENT'S NAME
MILDRED M. SELDERS
-
STREETADDRESS
1537 Newville Road
CITY - - STATE ZIP
Carlisle PA 17015
Tax Payments and Credits:
1. Tax Due (Page 2, Line 19) (1) 4,937.15
2. Credits/Payments
A. Prior Payments 8,382.05
B. Discount 246.86
Total Credits (A+ B) (2) 8,628.91
3. Interest
(3)
4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT.
Fill in oval on Page 2, Line 20 to request a refund. (4) 3,691.76
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5)
Make check payable to: REGISTER OF WILLS, AGENT.
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Did decedent make a transfer and: Yes No
a. retain the use or income of the property transferred ❑
b. retain the right to designate who shall use the property transferred or its income ❑
c. retain a reversionary interest ❑ N
d. receive the promise for life of either payments, benefits or care? ❑ 0
2. If death occurred after Dec. 12, 1982, did decedent transfer property within one year of death
without receiving adequate consideration? ❑
3. Did decedent own an "in trust for" or payable-upon-death bank account or security at his or her death? ❑ 0
4. Did decedent own an individual retirement account, annuity or other non-probate property, which
contains a beneficiary designation? ❑ 0
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
For dates of death on or after July 1, 1994, and before Jan. 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse
is 3 percent [72 P.S. §9116 (a) (1.1) (i)].
For dates of death on or after Jan. 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0 percent
[72 P.S. §9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and
filing a tax return are still applicable even if the surviving spouse is the only beneficiary.
For dates of death on or after July 1, 2000:
• The tax rate imposed on the net value of transfers from a deceased child 21 years of age or younger at death to or for the use of a natural parent, an
adoptive parent or a stepparent of the child is 0 percent [72 P.S. §9116(a)(1.2)].
• The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5 percent, except as noted in F2 P.S. §9116(a)(1)].
• The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12 percent [72 P.S. §9116(a)(1.3)]. A sibling is defined,
under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption.
REV-1502 Ek+ ;12-12')
pennsylvania SCHEDULE A
DEPARTMENT OF REVENUE
INHERITANCE TAX RETURN REAL ESTATE
RESIDENT DECEDENT
ESTATE OF: FILE NUMBER:
MILDRED M. SELDERS 21-08-0512
All real property owned solely or as a tenant in common must be reported at fair market value. Fair market value is defined as the price at which property
would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both having reasonable knowledge of the relevant facts.
Real property that is jointly-owned with right of survivorship must be disclosed on Schedule F.
Attach a copy of the settlement sheet if the property has been sold.
ITEM Include a copy of the deed showing decedent's interest if owned as tenant in common. VALUE AT DATE
NUMBER OF DEATH
DESCRIPTION
1 1537 Newville Road, Carlisle, PA 17015
125,000.00
TOTAL (Also enter on Line 1, Recapitulation,) $ 125,000.00
If more space is needed, use additional sheets of paper of the same size.
L. SETTLEMENT CHARGES
700. TOTAL COMMISSION Based on Price $ 120,000.00 6.0000 7,200.00 PAID FROMPAID l' ROM
Division of Commission line 700 as Follows: BORROWER'S SELLER'S
701. $ 3,625.00 to Dawn and Associates Realty FUNDS AT FUNDS AT
702. $ 3,575.00 to D'Angelo Realty Group SETTLEMENT SETTLEMENT
703. Commission Paid at Settlement 7,200.00
704. to
800. ITEMS PAYABLE IN CONNECTION WITH LOAN
801. Loan Origination Fee 1.0000 % to Freedmont Mortgage Corporation Paid b Seller 1,276.87
802. Loan Discount % to
803. Appraisal Fee to Mark E. Hilbert & Associates Paid by Seller 325.00
804. Credit Report to Freedmont Mortgage Corporation Paid by Seller 63.85
805. Underwriting Review Fee to Wells Fargo Bank, N.A. Paid By Seller 630.00
806. Flood Certification Fee to WFFS Paid B Seller 19.00
807. Mtg Broker Comp - 2.328% to Freedmont Mortgage Corporation POC:1_2972.55
808. Processing Fee to Freedmont Mortgage Corporation Paid by Seller 495.00
809.
810.
811.
900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE
901. Interest From 11/03/08 to 11/01/08 @ $ 22.740000/day ( -2 days 6.5000%) -45.48
902. Mortgage Insurance Premium for months to
903. Hazard Insurance Premium for 1.0 ears to
904. VA Funding Fee 1.0 ears to Veterans Affairs 2,687.50
905.
1000. RESERVES DEPOSITED WITH LENDER
1001. Hazard Insurance 3.000 months $ 28.08 per month 84.24
1002. Mortgage Insurance months $ per month
1003. School Taxes 7.000 months $ 79.35 per month 555.45
1004. Count Taxes 10.000 months $ 17.82 per month 178.20
1005. City Taxes months @ $ per month
1006. VA Funding Fee months $ per month
1007. Flood Insurance 3.000 months 77.00 per month 231.00
1008. Aggregate Adjustment months Cci) $ per month -442.16
1100. TITLE CHARGES
1101. Settlement or Closing Fee to
1102. Abstract or Title Search to
1103. Title Certificate to Adler & Adler
1104. Title Insurance Binder to
1105. Deed Preparation to Adler & Adler
1106. Notary Fees to Jody Goldrin Seller Pa - 18.00 22.00
1107. Attorney's Fees to
includes above item numbers:
1108. Title Insurance to Mid-Penn Abstract Co. Paid b Seller 99875
includes above item numbersEndorsements 100, 300 & 8.1
1109. Lender's Coverage $ 127,687.00
1110. Owner's Coverage $ 125,000.00
1111. Endorsements to Mid-Penn Abstract Co. Paid by Seller 150.00
1112. Closing Protection Letter to Fidelity National Title Insurance Co. Paid by Seller 35.00
1113. Incoming Wire Fee to Mid-Penn Abstract Co. Paid by Seller 11.00
1114. Installation of UV Light to Water Check Water Systems of York 630.70
1115.
1116. Transaction Fee to Dawn and Associates Realty 195.00
1117. Transaction Fee to D'Angelo Realty Group Seller Paying 125.00
1118. Federal Express Charges to Adler & Adler Seller Paying 15.50
1200. GOVERNMENT RECORDING AND TRANSFER CHARGES
1201. Recording Fees: Deed $ 48.50; Mortgage $ 90.50; Releases $ 139.00
1202. City/County Tax/Stamps: Deed Mortgage Seller-Paying Port. 644.99 605.01
1203. State Tax/Stamps: Revenue Stamps Mortgage 1,250.00
1204.
1205.
1300. ADDITIONAL SETTLEMENT CHARGES
1301. Survey to
1302. Pest Inspection to Per Pest Paid b Seller 60.00
1303. Tax Certification to Dawn and Associates Realty 5.00
1304. 2008-2009 School Taxes to Deborah W. Piper 952.20
1305.
1400. TOTAL SETTLEMENT CHARGES (Enter on Lines 103, Section J and 502, Section K) 4,032.74 15,064.88
By signing page 1 of this statement, the signatories acknowledge receipt of a completed copy of page 2 of this two page statement.
Mid-Penn Ab ra
Settlement X pent
Certified to be a true copy.
( SYSTER-MPF-2008! SYSTER-MPF-2008 / 18)
OMB NO. 2502-0265
A B. TYPE OF LOAN:
U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT 1.[]FHA 2.[JFmHA 3.QCONV. UNINS. 4. g] VA 5.QCONV. INS.
6. FILE NUMBER: 7. LOAN NUMBER:
SETTLEMENT STATEMENT SYSTER-MPF-2008 0178578945
8. MORTGAGE INS CASE NUMBER:
10-10-60598807
C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown.
Items marked "(POC]" were paid outside the closing; they are shown here for informational purposes and are not included in the totals.
1.0 3/98 (SYSTER-MPF-2008.PFD/SYSTER-MPF-2008/18)
D. NAME AND ADDRESS OF BORROWER: E. NAME AND ADDRESS OF SELLER: F. NAME AND ADDRESS OF LENDER:
Wayne E. Syster and Estate of Mildred M. Selders Wells Fargo Bank, N.A.
Patricia A. Syster 1 East 22nd Street, Suite 600
18 East Front Street, Apt. A Lombard, IL 60148
Shiremanstown, PA 17011
G. PROPERTY LOCATION: H. SETTLEMENT AGENT: I. SETTLEMENT DATE:
1537 Newville Road Mid-Penn Abstract Co.
Carlisle, PA 17015 November 3, 2008
Cumberland County, Pennsylvania PLACE OF SETTLEMENT
125 Locust Street
Harrisburg, Pennsylvania 17101
J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION
100. GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER:
101. Contract Sales Price 125,000.00 401. Contract Sales Price 125,000.00
102. Personal Property Personal Property
Settlement Charges to Borrower Line 1400 4,032.74 403.
104. 404.
105. 405.
Adjustments For Items Paid 8 Seller in advance Adjustments For Items Paid 8 Seller in advance
106. School Taxes 11/04/08 to 07/01/09 623.50 406. School Taxes 11/04/08 to 07/01/09 623.50
107. Count Taxes 11/04/08 to 01/01/09 30.76 407. Count Taxes 11/04/08 to 01/01/09 30.76
108. City Taxes to 408. City Taxes to
109. 409.
110. 410.
111. 411.
112. 412.
120. GROSS AMOUNT DUE FROM BORROWER 129,687.00 420. GROSS AMOUNT DUE TO SELLER 125,654.26
200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER:
201. Deposit or earnest money 2,000.00 501. Excess Deposit See Instructions)
202. Principal Amount of New Loans 127,687.00 502. Settlement Charges to Seller Line 1400 15,064.88
203. Existing loans taken subject to 503. Existing loans taken subject to
204. 504. Payoff of first Mortgage
205. 505. Payoff of second Mortgage
206. 506.
207 507. (Deposit disb. as proceeds)
208. 508.
209. 509.
Adjustments For Items Unpaid 8 Seller Adjustments For Items Unpaid 8 Seller
210. School Taxes to 510. School Taxes to
211. Count Taxes to 511. Count Taxes to
212. City Taxes to 512. City Taxes to
513.
213.
214 514.
215. i 515.
216. 516.
217 517.
218. 518.
219. 519.
220. TOTAL PAID BY/FOR BORROWER j 129,687.00 520. TOTAL REDUCTION AMOUNT DUE SELLER 15,064.88
300. CASH AT SETTLEMENT FROM/TO BORROWER: 600. CASH AT SETTLEMENT TOIFROM SELLER:
301. Gross Amount Due From Borrower Line 120 129,687.00 601. Gross Amount Due To Seller Line 420 125,654.26
302. Less Amount Paid By/For Borrower (Line 220) ( 129,687.00) 602. Less Reductions Due Seller (Line 520) ( f10,'5 303. CASH ( FROM) ( TO) BORROWER 0.00 603CX TO) ( FROM) SELLER 9.38
The undersigned hereby acknowledge receipt of a completed copy of pages 1 &2 of this statement & any attachments referred to herein.
Borrower
- 1"'7 Seller Estate of i d eld s
L
Wad Syster ,
BY:
Virg' Long, C e ix
Patricia A. Syster f~.,L?
D rothy A. Mowery, Co-Executrix
By:
Becky S. McElwee, Co-Executrix
STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE A/S-R
This form recommended and approved for, but not restricted to use by, the members ot'Ihc Pennsylvania Association of REAL FORSO (PAR).
SELLER'S BUSINESS RELATIONSHIP WITH PA LICENSED BROKER
BROKER (Company) Dawn-Assc PHONE
ADDRESS FAX
LICENSEE(S) Designated Agu,t ! Yes No
BROKER IS THE AGENT FOR SELLER. OR (if checked below):
Broker is NOT the Agent for Seller and is a/an: AGENT FOR BUYER TRANSACTION LICENSEE
BUYER'S BUSINESS RELATIONSHIP WITH PA LICENSED BROKER
BROKER (Company) _DAngeloRealtyGroup _Inc. PHONE _717.379-3415
ADDRESS 618 Bridge.Street-_-.- New Cumberland, PA 17070 FAX 717-506.0532 _
LICENSEE(S) Robert J D'Angelo_ Designated Agent Yes No
BROKER IS THE AGENT FOR BUYER. OR (if checked below):
Broker is NOT the Agent for Buyer and is a/an: AGENT FOR SELLER -J SUBAGENT FOR SELLER TRANSACTION LICENSEE
When the same Broker is Agent for Seller and Agent for Buyer, Broker is a Dual Agent. All of Broker's licensees arc also Dual Agents UNLESS
there arc separate Designated Agents for Buyer and Seller. If the same Licensee is designated for Seller and Buyer, the Licensee is a Dual Agent.
This Agreement
Died September 07, 2008__._ is between
2 SELLER(S): ed _ -
3
4 called "Seller," and
5 BUYERS : Wayne Syster and Pao Syster
G
7 , called "Buyer"
8 2. PROPERTY (9-05) Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase:
9 ALI, THAT CERTAIN lot or piece of ground with buildings and improvements thereon erected, if any, known as:
10
1.537_Nev_ille-_Road
-
11 in the Township------ of _West._Penn
12 County of - Qumberland__ in the Commonwealth of Pennsylvania. Identification (e.g., Tax ID H; Parcel H;
13 Lot, Block; Decd Book, Page, Recording Date)
14 3. TERNIS (9-05)
15 (A) Purchase Price 1_25,000.00-_
16
l S. llollars,
77 which will be paid to Seller by Buyer as follows:
A I. Cash or check at signing this Agreement: S
19 1 Cash or check within 2 _ days of the execution of this Agreement $ _ 2,000-00
20 3 $
21 4. Cash, cashier's or certified check at time ofsettlelment: S 123,000.00
22 TOTAL S_.._.-----___ _ 1-25,000.00
23 (B) Deposits paid by Buyer within 30 DAYS of settlement will be by cash or cashier's check. Deposits. regardless of the form ol'payment and
24 the person designated as payee, will be paid in U.S. Dollars to Broker for Seller (unless otherwise stated here). As Stated
25 who will retain
26 deposits in an escrow acc0nnt until consummation or termination of this Agreement in conformity with all applicable laws and regulations. Any
27 cheep tendered as deposit monies may be held uncasbed pending the acceptance of this Agreement.
28 (C) Seller's written approval to be on or before: _September 08, 2008__-
29
(D) Settlement to be on -
or before if Buyer and Seller agree.
30 (E) Settlement will occur in the county where the Property is located or in an adjacent county, during normal business hours. unless Buyer and
31 Seller agree otherwise.
32 (r) Conveyance from Seller will be by fee simple deed ofspecial warranty unless otherwise stated here: As Stated
33
34 (G) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here AS Stat_e_d
35
36 (11) At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer and Seller. reinbtnSing where applicable: current
37 tares (see Information Regarding Real Estate Taxes); rents: interest on mortgage assumptions: condominium fees and homeowner association
38 fees: water and/or sewer fees. together with any otlier lienable municipal service. All charges will be pro-rated for the period(s) covered.
39 Seller will pay up to and including the date of settlement and Buyer will pay for all days following settlement, unless otherwise stated
40 here; As Stated
41 Buyer Initials: A/S-R Page I of 10 Seller Initials. (i✓ _
ea Revised 9/05
Iva nia association of REALTORS COPYRIGHT PrNNSYLVANIA ASSOCIATION OF REALTORS a 00
Pen
r~ 9/05
Form generated by: True Forms" wvvw.TrueForms.com 800-499-9612
42 4. I I.\'ruRLS & PERSONAL 1'ROPERTI' (9-0i)
43 (A) INCLUDED in this sale are all existing items permanently installed in the Property, free of liens, including plumbing: heating: fighting fixtures
44 (including chandeliers and coiling (ans): water treatment systems; pool and spa equipment; garage door openers and transmitters: television
45 antennas: unpotted shrubbery, plantings and trees; any remaining heating and cooking fuels stored on the Property at the time of settlement,
46 sump pumps: storage sheds; mailboxes: wall to wall carpeting: existing window screens, storm windows and screen/storm doors: window
47 covering hardware. shades and blinds: awnings; built-in air conditioners; built-in appliances: and the range/oven unless otherwise staLvd. Also
48 incfuded: Asper Mls,
-
49
-
50 (B) LEASED items (not owned by Seller): _
51
52 (C) EXCLUDED fixtures and items.
53
54 i. DATES/f1;elE IS Or THE ESSENCE (9-0i)
55 (A) The settlement date and all other dates and times referred to for the performance olany of the obligations of this Agreement are of the essence
56 and are binding.
57 (B) For purposes of this Agreement, the number of days will be counted from the date of execution, excluding the day this Agreement was
58 executed and including the last day of the time period. The Execution Date of this Agreement is the date when Buyer and Seller have indicated
59 full acceptance of this Agreement by signing and/or initialing it. All changes to this Agreement should be initialed and dated.
60 (C) The settlement date is not extended by any other provision ofthis Agreement and may only be extended by nnrtual written agreement ofthe parties.
61 (D) Certain time periods are pre-printed in this Agreement as a convenience to the Buyer and Seller. All pre-printed time periods are negotiable
62 and may be changed by striking out the pre-printed text and inserting a difierent time period acceptable to all panties.
63 6. MORTGAGE CONTINGENCY (9-0i)
64 WAI VED. This sale is NOT contingent on mortgage financing, although Buyer may still obtain mortgage financing.
65 X ELECTED
66 (.A) This sale is contingent upon Buyer obtaining mortgage financing as follows
67 First Mortgage on the Property
;Second Mortgage on the Property
68 Loan Amount 125,000,00 Loan Amount 9
69 Minimum'(•erm 30_ years Nfininwm Term _ years
70 Type of mortgage VA Type of mortgage
71
72 Mortgage lender Freed.mont_- Mortgage fender - .
73
74 interest rate _ 6.75 however, Buyer agrees to accept the Interest rate however, Buyer agrees to accept the
75 interest rate as may be committed by the mortgage lender, not to interest rate as maybe committed by the mortgage lender, not to
76 exceed a maximum interest rate of _ 7-..._.._ _ exceed a maximum interest rate of °
77 Discount points, loan origination, loan placement and other fees charged Discount points. loan origination, loan placement and other fees charged
78 by the lender as a percentage of the mortgage loan (excluding any mort- by the lender as a percentage of the mortgage loan (excluding any mort-
79 anae insurance premiums or VA lutnding fee) not to exceed ! gage insurance premiums or VA funding fee) not to exceed
80 0 %(0% ii'not specified) ol'the mortgage loan. _ _ _ %(0%if not specified) of the mortgage loan.
81 The interest rate(s) and fee(s) provisions in paragraph 6 (A) are satisfied il'the mortgage lender(s) gives Buyer the right to guarantee the interest
82 rate(s) and fee(s) at or below the maximum levels stated. Buyer gives Seller the right, at Seller's sole option and as permitted by law and the mortgage
83 lender(s), to contribute financially, without promise of reimbursement, to the Buyer and/or the mortgage lender(s) to make the above mortgage terms
84 available to Buyer.
85 (B) Within days (10 it'not specified) fi-oni the Execution Date of this Agreement, Buyer will make a completed, written mortgage
86 application for the mortgage terms stated above to the mortgage lender(s) identified in paragraph 6 (A), if any, otherwise to a responsible
87 mortgage lender(s) of Buyer's choice. Broker for Buyer, if any, otherwise Broker fill- Seller, is authorized to communicate with the
88 mortgage lender(s) to assist in the mortgage loan process.
89 (C) Should Buyer furnish false or incomplete information to Seller, Brolcer(s), or the mortgage lender(s) concerning Buyer's legal or
90 financial status, or fail to cooperate in good faith in processing the mortgage loan application, which results in the mortgage lender(s)
91 refusing to approve a mortgage loan commitment, Buyer will be in default of this Agreement.
92 (D) I. )Mortgage commitment date:__ Oc_tober_10 200£f__..,. II' Seller does not receive a copy of Buyer's mortgage commitment(s) by this date.
93 Buyer and Seller agree to extend the mortgage commitment date until Seller terminates this Agreement by written notice to Buyer.
94 2. Upon receiving a mortgage commitment. Buyer will promptly deliver a copy of the commitment to Seller.
95 3. Seller may terminate this Agreement in writing after the mortgage commitment date, ifthe mortgage connmitment(s):
96 a. Is not valid until the date of settlement, OR
97 b. IS conditioned upon [lie sale and settlement of any other property, OR
98 c. Does not satisfy all the mortgage ternns as stated in paragraph 6 (A), OR
99 d. Contains any other condition not specified in this Agreement that is not satisfied and/or removed in writing by the mortgage lender(s)
100 within- _-_7 DAYS aller themortgage commitment date in paragraph 6 (D) (1), other dnan those conditions that are customarily
101 satisfied at or near settlement, such as obtaining insurance aid confirming employment status.
102 4, 1 f [his Agreennent is terminated pursuant to paragraphs 6(D)( I) or (3), or the mortgage loan(s) is not obtained for settlement, all deposit monies
103 will be returned to Buyer according to the terms of paragraph 30 and this Agreement will be VOID. Buyer will be responsible for any costs
104 incurred by Buyer 1'or any inspections or certifications obtained according to the terms ot•this Agreement, and any costs incurred by Buyer for:
105 (1) Title search. title insurance and/or niechanics' fien insurance, or any fee for cancellation; (2) Flood insurance and/or fire insurance with
106 cxtendedcoverage,Ill ineSo bsidenceills urance,or any feeforcancellation;(3)Appraisalfeesandchargespaidinadyancetot rtgagelenderls).
107 Buyer initials: A/S-R Page 2 of` 10 Seller Initials: 6
Revised 9/05
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1C8 (E) If the mortgage lender(s), or an insurer providing property and casuaIIv insurance as required by the mortgage lender(s). requires repairs to the
109 Property. Buyer will. upon receiving the requirements, deliver a copy of the requirements to Seller. Within 5 DAYSofreceiving the copy
70 oI'the requirements. Seller will notily Buyer whether Seller will make the required repairs at Seller's expense.
I. If Seller males the required repairs to the satisfaction of the mortgage lender(s) or insurer. Buyer accepts the Property and agrees to the
2 RELEASE in paragraph 27 of this Agreement.
3 3. If Seller `will not make the required repairs, or if Seller fails to respond within the time given, Buyer will. Within DAYS. notily
114 Seiler of' Buyer's choice to:
115 a. Make the required repairs. at Buyer's expense. with permission and access to the Property given by Seller; permission and access
116 may not be unreasonably withheld by Seller. OR
117 b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to tine terms of paragraph
118 30 of this Agreement.
11g (F) Seller Assist
1i23 NOT APPLICABLE
121 X APPLICABLE. Seller will pay:
122 $ or 4 % of Purchase Price, maximum, toward Buyer's costs as acceptable to the mortgage lender(s).
123
2'1 FHA/VA, IF APPLICABLE
25 (G) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the purchase ofthe
126 Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless Buyer has been given, in
127 accordance with HUD/Fi-1A Or VA requirements. I written statement by the Federal (lousing Commissioner, Veterans Administration, or a
128 Direct Endorsement Lender setting forth file appraised value of the Property of not less than S 125,400-.00 (the dollar amount to be I
129 inserted is the sales price as stated in this Agreement). Buyer- will have the privilege and option of proceeding with consummation of the
130 contract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the
131 Department of Housing and Urban Development will insure. HUD does not warrant the value nor the condition of' the Property. Buyer should
132 satisfy himself7herself that the price and condition of the Property are acceptable.
33 Warning: Section 1010 of Title 18. U.S.C., Department of Housing and Urban Development and Federal Housing Administration
134 Transactions, provides, "Whoever for the purpose of influencing in any way the action of such Department, makes, passes, utters or
135 publishes any statement, knowing the same to be false shall be fined under this title or imprisoned not more than two years, or both."
136 (H) U.S. Department of Housing and Urban Development (11UD) NOTICE TO PURCHASERS: Buyer's Acknowledgement
137 X Buyer has received the HUD Notice "For Your Protection: Get a Home Inspection." Buyer understands the importance of' getting an
138 independent tonne inspection and has thought about this before signing this Agreement. Buyer understands that FHA will not perform a
139 home inspection nor guarantee [lie price or condition of the Property.
140 ( I 1 Certification We die undersigned. Seller(s) and Buyer(s) party to this transaction each artily that the terns of this contract for purchase are j'
141 true to the hest of our knowledge and belief, and that any other agreement entered into by any of these parties in connection with this
142 transaction is attached to this A"regiment.
143 7. WAIVER Or CONTINGENCIES (9-05)
144 if this Agreement is contingent on Buyer's right to inspect and/or repair the Property, or to verify insurability, environmental conditions,
145 boundaries, certifications, zoning classification or use, or any other information regarding the Property, Buyer's failure to exercise any of
146 Buyer's options within the times set forth in this Agreement is a WAIVER of that contingency and Buyer accepts the Property and agrees to
147 the RELEASE in paragraph 27 of this Agreement.
148 8. PROPERTY INSURANCE AVAILABILITY (9-05)
149 WAIVED. This Agreement is NOT contingent upon Buyer obtaining property and casualty insurance for the Property, although Buyer may still
150 obtain property and casualty insurance.
151 X ELECTED. Contingency Period: _ DAYS (15 if not specified) from the Execution Date of this Agreement.
152 Within the Contingency Period, Buyer will make application for property and casualty insurance for the Property to a responsible insurer.
153 Broker for Buyer, il' any, otherwise Broker f'or Seller, may communicate with the insurer to assist in the insurance process. if Buyer
154 cannot obtain property and casualty insurance for the Property Oa terms and conditions reasonably acceptable to Buyer. Buyer will, within the
155 Contingency Period:
150 (A) Accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, OR
157 (B) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of this
158 Agreement, OR
159 (C) Enter into a mutually acceptable written agreement with Seller.
160 if Buyer and Seller do not reach a written agreement during the Contingency Period, and Buyer does not terminate this Agreement by
161, written notice to Sellerwithiu that time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement.
162 9. INSPECTIONS (9-05)
163 (A) Seller will provide access to insurers' representatives and, as may be required by this Agreement, to surveyors, municipal officials.
164 and inspectors. If Buyer is obtaining mortgage financing, Scller will provide access to the Property to appraisers and otters reasonably required
165 by mortgage lender(s). Buyer may attend any inspections.
166 (B) Buyer may make a pre-settlement Walk-thtrough inspection Ofthe Property. Buyer's right to this inspection is not waived by any other provision
167 of this Agreement.
168 (C) Seller will have heating and all utilities (including fuel(s)) on for all inspections.
169 (D) All inspectors, including home inspectors, are authorized by Buyer to provide a copy of any inspection report to Broker for Buyer.
170 (L) Seller has the right, upon request. to receive without charge a copy of any inspection report from the party for whom it was pi pared.
171 Buyer Initials: A/S-R Page 3 of 10 Seller Initials cJ
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172 10. INSPECTION CONTINGENCY OPTiONS (9-05)
173 The inspection contingencies elected by Buyer in paragraphs 11-15 are controlled by the Options set forth below. *file time periods stated in
74 these Options will apply to all inspection contingencies in paragraphs 11-15 unless otherwise stated in this Agreement.
'S Option 1. Within tine Contingency Period, as slated in paragraphs 11-15, Buyer will:
I . Accept the Property with the information stated in the report(s) and agree to the RELEASE in paragraph 27 ofthis Agreement. OR
1 If Buyer is not satisfied with the information stated in the report(s), terminate this Agreement by written notice to Seller, with all
176 deposit monies returned to Buyer according to the terms of paragraph 30 of this Agreement, OR
P9 3. Enter into it mutually acceptable written agreement with Seller providing for any repairs or improvements to the Property and/or any
180 credit to Buyer at settlement, as acceptable to the mortgage lender(s), if any.
161 11' Buyer and Seller do not reach a written agreement during the specified Contingency Period, and Buyer does not terminate this
182 Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 27
183 of this Agreement.
184 Option 2. Within the Contingency Period, as stated in paragraphs 11-15, Buyer will:
165 I. Accept the Property %vith the information stated in the report(s) and agree to the RELEASE in paragraph 27 of this Agreement, OR
186 2. 11' Buyer is not satisfied with the information stated in the report(s), present the report(s) to Seller with a Written Corrective Proposal
187 ("Proposal") listing corrections and/or credits desired by Buyer. The Proposal may, but is not required to, include the name of a
188 properly licensed or qualified professional to perform the corrections requested ill the Proposal, provisions for payment, including retests,
18! and a projected date for completion of the corrections. Buyer agrees that Seller will not be held liable for corrections that do not comply
190 with mortgage lender or governmental requirements if performed in a worlOmanlike manner according to the terms of Buyer's Proposal. or
191 by a contractor selected by Buyer.
192 a. Within days (7 if not specified) of receiving Buyer's Proposal, Seller will inform Buyer in writing of Seller's choice to:
193 (1) Satisly the terms of Buyer's Proposal, OR
194 (2) Credit Buyer at settlement for the costs to satisfy the terms of Buyer's Proposal, as acceptable to the mortgage lender(s), if any, OR
195 (3) Not satisfy the ICrn15 Of Buyer's Proposal and not credit Buyer at settlement for the costs to satisfy the terms ol'Buyer's Proposal.
196 b. If Seller agrees to satisfy the terms of Buyer's Proposal or to credit Buyer at settlement as specified above. Buyer accepts the Property
197 and agrees to the RELEASE in paragraph 27 of this Agreement.
198 c. If Seller chooses not to satisfy the terms of Buyer's Proposal and not to credit Buyer at settlement as specified above, or if' Seller tails
199 to choose any option within the time given, Buyer will, within days (5 if.not specified):
200 (1) Accept the Property with the information stated in the report(s) and agree to the RELEASE in paragraph 27 of this Agreement. OR
201 (2) Terminate this Agreement by written notice to Seller. with all deposit monies returned to Buyer according to the terms of
202 paragraph 30 of ibis Agreement. OR
203 (3) Enter into a mutually acceptable written agreement with Seller providing for any repairs or improvements to the Property and/or
204 any credit to Buyer at settlement. as acceptable to the mortgage lender(s), if any.
205 If Buyer and Seller do not reach it written agreement during the time specified in Option 2, 2, c., and Buyer does not
206 terminate this Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the
207 RELEASE in paragraph 27 of this Agreement.
208 11. PROPERTY INSPECTION CONTINGENCY (9-05) (See Property and Environmental Inspection Notices)
209 Buyer Understands that property inspections, certifications mid/or investigations can be perforned by professional contractors, home inspectors,
210 engineers, architects and other properly licensed or othcrwvise qualified professionals, and may include, but are not linnited to: structural components;
211 roof. exterior windows and exterior doors; exterior siding, fascia, gutters and downspouts; swimming pools, hot tubs and spas: appliances; electrical.
212 plumbing, heating and cooling systems; water penetration; environmental hazards (e.g., mold, fungi. indoor air quality, asbestos, underground storage
213 tanks. etc.); electromagnetic fields; wetlands inspection; flood plain verification: property boundary/square footage verification; and any other items
214 Buyer may select. Buyer is advised to investigate easements, deed and use restrictions (including any historic preservation restrictions or ordinances)
215 that apply to the Property and to review local zoning ordinances. Other provisions of this Agreement may provide for inspections, certifications
216 and/or investigations that are not waived or altered by Buyer's election here.
217 X WAIVED. Buyer has the option to conduct property inspections. certifications and/or investigations. Buyer WAIVES T141S OPTION and
218 agrees to the RELEASE in paragraph 27 ofthis Agreement.
219 ! _i ELECTED. Contingency Period: days ( 15 il'not specified) front the Execution Date of this Agreement.
220 (A) Within the Contingency Period, Buyer, at Buyer's expense, may have inspections, certifications and/or investigations completed by properly
221 licensed or otherwise qualified professionals. If Buyer elects to have a home inspection of the Property, as defined in the Pennsylvania Home
222 Inspection Law (see information Regarding the Bonne Inspection Law), the home inspection must be performed by a full member in good
223 standing oh a national home inspection association or a person supervised by a lull member of a national home inspection association, in
224 accordance with the ethical standards and code of conduct or practice of that association, or by a properly licensed or registered professional
225 en_incer. or a properly licensed or registered architect. This contingency does not apply to the Following existing conditions and/or items:
226
22.7
228
(B) If Buyer is not satisfied with the condition of the Property as stated in the written inspection report(s), Buyer will proceed under one of the
229 following Options as listed in paragraph 10 within the Contingency Period:
230 - Option 1
1 -1
231 Option 2 For the purposes of Paragraph 11 only,Buyer agrees to accept the Property with the results of any report(s) and agrees to the
232 RELEASE in paragraph 27 of this Agreement if the total cost to correct the conditions stated in the report(s) is less than
233 - _ ($0 if not specified) (the "Deductible Amount"), Otherwise, all provisions of paragraph 10. Option 2, shall
234 apply, except that Seller will be deemed to have satisfied the terms of Buyer's Proposal il'Seller agrees to perform corrections
235 or offer credits such [flat the cumulative cost of any uncorrected or uncredited condition(s) is equal to the D Inctible Amount.
236 Buyer Initials: ~ T A/S-R Page 4 of 10 Seller initials:
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12. WOOD 1NFESTAT10N INSPECTION CONTINGENCY (9-05)
238 WAIVED. Buyer has the option to have the Property inspected for wood inlestation by an inspector certified as a wood-destroying pests
239 pesticide applicator. BUYER WAIVES THIS OPTION and agrees to the RELEASE in paragraph 27 of this Agreennenl.
2°0 X ELECTED. Contingency Period: days (Id ifnol specified) from the Execution Date ofthis Agreement.
241 (A) Within the Contingency Period, Buyer, at Buyer's expense. may obtain a written "Wood-Destroying Insect lnlestation Inspection Report"
22 from an inspector certified as a wood-destroying pests pesticide applicator and will deliver it and all supporting documents ii-td drawings
2,!3 provided by the inspector to Seller. Tile report is to be made satisfactory to and in compliance with applicable laws. mortgage lender
244 requirements, and/or Federal Insuring and Guaranteeing Agency requirements. if any. The inspection is to be limited to all readily visible and
245 accessible areas of all structures on the Property except lenses and the following structures, which will not be inspected: None
245
247 (B) Ifthe inspection reveals active infestation(s), Buyer, at Buyers expense, may within the Contingency Period, obtain a Proposal from a
248 wood-dcsUoying pests pesticide applicator to treat the Property.
249 (C) If the inspection reveals damage from active or previous infestation(s). Buyer, at Buyer's expense. may within the Contingency Period,
250 obtain a written report 1-ronn a professional contractor. home inspector or structural engineer that is limited to structural damage to the Property
251 caused by wood-destroying urganisms and a Proposal to repair and/or treat (he Property.
,52 (D) ll'Buyer is not satisfied with the condition ofthe Property as stated in the written inspection report(s). Buyer will proceed under one a('the
253 following Options as listed in paragraph 10 within the Contingency Period:
254 X Option 1
255 Option 2
256 13. STATUS OF RADON (9-05) (see Information Regarding Radon)
257 (A) Seller has no knowledge concerning the presence or absence of radon unless checked below:
2A l . Seller has knuwledge that the property vvas tested on the dates, by the methods (e.g., charcoal canister. alpha track, etc.). and with the
259 results ofall tests indicated below:
260 DATE TYPE OF VEST RESULTS (picoCurics/liter or working levels)
261
- - - -
262
263 2. Seller has knowledge that the Property Underwent radon reduction measures on the date(s) and by the method(s) indicated below:
264 DATE RADON REDUCTION METHOD
265
266
267 COPIES OF ALL AVAILABLE TEST REPORTS will be delivered to Buyer with this Agreement. SELLER DOES NOT
268 WARRANT EITHER THE METHODS OR RESULTS Oh THE TESTS.
269 (B) RADON INSPECTION CONTINGENCY
270 X WAIVED.Buyer has the option to have the Property inspected for radon by a certified inspector. BUYER WAIVES THIS OPTION and
271 iquQcs to the RELEASE- in paragraph 27 ofthis Agreement.
272 ELECTED. Contingency Period: days (15 ifnot specified) from the Execution Date of this Agreement.
273 Within the Contingency Period, Buyer, at Buyer's expense, nnay obtain a radon test of the Property Iron a certified inspector. If Seller
274 performs any radon remediation, Seller will provide Buyer a certification that the remediation was performed by a properly licensed and
275 certified radon mitigation company.
276 I. If the written test report reveals the presence of radon below 0.02 working levels or 4 picoCurics/liter (4 pCi/L); Buyer accepts the
277 Property and agrees to [lie RELEASE- in paragraph 27 of this Agreement.
278 2. If the written test report reveals the presence of radon at or exceeding 0.02 working levels or 4 picoCuries/liter (4 pCi/L). Buyer will
279 proceed under one ofthe lollowing Options as listed in paragraph 10 within the Contingency Period:
280 Option 1
281 Option 2
282 14. STATUS OF \VATER (9-05)
283 (A) Seller represents that the Property is served by:
284 Public Water
285 '
On-site Water
266 Connnuanily Water
287 None
288
289 (B) W'A TER SERVICE INSPECTION CONTINGENCY
250 WAIVED. Buyer has the option to have an inspection of the quality and or quantity of the water system fur the Property. BUYER WAIVES
291 THIS OPTION and agrees to the RELEASE in paragraph 27 ofthis Agreement.
292 '`r ELECTED. Contingency Period: days (15 if not specified) lirom the Execution Date of this Agreement.
293 I. Within the Contingency Period, Buyer, at Buyer's expense, may obtain an inspection of the quality and/or quantity of the water system
294 from a properly licensed or otherwise qualified water/well testing company.
295 2. If required by the inspection company, Seller, at Seller's expense, will locate and provide access to the on-site (or individual) water
296 system. Seller also agrees to restore the Property. at Seller's expense, prior to settlement.
297 3. If'Buyer is not satisfied with the condition of the water system as stated in the written inspection report(s), Buyer will proceed under one
298 of the following Options as listed in paragraph 10 within the Contingency Period:
299 X Option I Lr'~
300 Option 2/ ti
301 Buyer Initials: .f f A/S-R Page 5 of 10 Seller Initials:
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302 15. STATUS OF SENVER (9-05)
303 (A) Seller represents that the Property is served by:
304 11uhlic Sewer
3C'S X Individual On-lot Sewage Disposal System (see Sewage Notice 1)
303 Individual On-lot Sewage Disposal System in Proximity to Well (see Sewage Notice I; see Sewage Notice 4, if applicable)
3C'7 Community Sewage Disposal System
308 Ten-acre Permit Exemption (see Sewage Notice 2)
309 Holdinc Tani, (see Sewage Notice 3)
310 None (see Sewage Notice i )
311 None Availablc,Ternlit Limitations in Effect (see Sewage Notice 5)
'12
13
(B) INDIVIDUAL ON-LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY
314
WAIVED. Buyer has the option to have an inspection of the individual on-lot sewage disposal system fix the Property. BUYER
315 WA[VI S,rH]S OPTION and agrees to the RELEASE in paragraph 27 ofthis Agreement.
316 X ELECTED. Contingency Period: days (15 if not specified) front the Execution Date of this Agreement.
317 I. Within the Contingency Period, Buyer. at Buyer's expense, may obtain an inspection of the individual on-lot sewage disposal
318 system from a qualified, professional inspector.
319 2. Ifand as required by the inspection company, Seller, at Seller's expense, will locale, provide access to and empty the individual on-
320 lot sewage disposal system. Seller will also restore the Property, at Seller's expense, prior to settlement.
321 3. 1I'the inspection report reveals defects that do not require expansion or replacement ofthe existing individual on-lot sewage disposal
322 system. Buyer will proceed under one of the following Options as listed in paragraph 10 within the Contingency Period:
323 Option 1
324 Option 2
325 4. If the inspection report reveals the need to expand or replace the existing individual on-Ion sewage disposal system, Seller may,
326 within - 25 DAYS of receiving the inspection report, submit a Written Corrective Proposal ('-Proposal") to Buyer. The Proposal
327 will include, but not be limited to, the name of the company to perform the expansion or replacement; provisions for payment,
328 including retests; and a projected completion date for corrective measures. Within 5 DAYS of receiving Seller's Proposal, orif no
329 Proposal is provided within the time given, Buyer will notify Seller in writing ol'Buyer's choice to:
330 a. Agree to the terms of the Proposal, if any, whereupon Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of
331 this Agreement. OR
332 b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of
333 paragraph 30 of this Agreement.
334 c. Accept the Property and the existing system and agree to the RELEASE in paragraph 27 of this Agreement. and. if required by
335 any mortgage lender and/or any governmental authority. correct the defects before settlement or within the time required by the
336 mortgage lender and/or governmental authority, at Buyer's sole expense, and with permission and access to the Property given by
337 Seller. Permission and access may not be unreasonably withheld by Seller. If Seller denies Buyer permission and/or access to
338 correct the defects. Buyer may, within 5 DAYS of Seller's denial. terminate this Agreement by written notice to Seller, with
339 all deposit monies returned to Buyer according to the terms ofparagraph 30 ofthis Agreement.
340 16. HOME WARRANTIES (9-05)
341 At or before settlement, either party may have the opportunity to purchase a home warranty for the Property from a third-party vendor. Buyer and
342 Seller understand ilia[ a home warranty for the Property does not alter any disclosure requirements of Seller, will not coverer warrant any preexisting
343 defects of the Property, and will not after, waive or extend any provisions of this Agreement regarding inspections or certifications that Buyer has
344 elected or waived as part of this Agreement. Buyer and Seller understand that the licensee, broker or mortgage lender who orders the home warranty
345 may possibly receive a lee paid by the home warranty company.
346 17. ZONING CLASSIFICATION & VERIFICATION OF USE CONTINGENCY (9-05)
347 (A) Failure of this Agreement to contain the zoning classification (except in cases where the property 'fend each parcel thereof. il-subdividable; is
348 zoned solely or primarily to permit single-family dwellings) will render this Agreement voidable at Buyer's option. and, il'voided, any deposits
3`19 tendered by the Buyer will be returned to the Buyer without any requirement for court action.
350 Zoning Classification: _Residential
351 (B) Contingency Period: days (7 ifnot specified) horn the Execution Date of this Agreement.
352 NVithin the Contingency Period, Buyer- at Buyer's expense, may verify that the present use
353 of the Property is permitted. In the event the present use is not permitted, Buyer will, within the Contingency Period, give Seller written
354 notice that the present use of the Property is not permitted and that Buyer will:
355 1. Accept the Property and agree to the RELEASE- in paragraph 27 of this Agreement. OR
356 2. 'T'erminate this Agreement by written notice to Seller. with all deposit monies returned to Buyer according to the terms of paragraph 30 of'
357 this Agreement.
358 if Buyer fails to respond within the Contingency Period or does not terminate this Agreement by written notice to Seller within that
359 time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement.
360 18, NOTICES, ASSESSNIENTS & CERTIFICATES OF OCCUPANCY (9-05)
361 (A) Seller represents, as of the date Seller signed this Agreement, that no public improvenlent. condominium or 110111e0NwllCr association
362 assessments have been made against the Property which remain unpaid, and that no notice by an)' government or public authority has been
363 served upon Seller or anyone on Seller's behalf: including notices relating to violations of zoning. housing. building, safety or fire ordinances
364 thut remain unc0n•ected, and that Seller knows of no condition that would constitute a violation of any such ordinances that remain
335 uncorrected, unless otherwise specified here:
366 (B) Seller knows ofno other potential notices (including violations) and assessments except as follows:
367
368 13uyer Initials: tOj: r. A/S-R Page 0 of 1.0 Seller Initials: q;~Dc
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360 (C) In the event any notices (including violations) and/or assessments are received after Seller has signed this Agreement and before settlement.
3.70 Seller will provide a copy of the notices and/or assessments to Buyer and will notify Buyer in writing within _ -.5 DAYS of receiving the
371 notices and/or assessments that Seller will:
372 L fully comply with the notices and/or assessments at Seller's expense before settlement. It' Seller fully complies with the notices and/or
373 assessments. Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreement. OR
374 2. Not comply with the notices and/or assessments. 1 f seller chooses not to comply with the notices and/or assessments. or fails within the
375 time given to notify Buyer whether Seller will comply, Buyer will notify Seller in writing within ____5 DAYS that Buyer will:
375 it. Comply with the notices and/or assessments at Buyer's expense, accept the Property. and agree to the RELEASE in paragraph 27 of
3" this Agreement. OR
378 b. Terminate this Agreement by written notice to Sellel% with all deposit monies returned to Buyer according to the terns of paragraph 30
370 of this Agreement.
-'0 If Buyer fails to respond within the time stated in paragraph 18 (C) (2) or fails to terminate this Agreement by written notice
381 to Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement.
382 (D) if required by law. within _-._30 DAYS li•om the Execution Date of this Agreement, but in no case later than 15 days prior to settlement.
363 Seller will order at Seller's expense a certification ]iom the appropriate municipal department(s) disclosing notice of any uncon-ccted violations
384 ol'zoning.. housing, building, safety or fire ordinances and/or a certificate permitting occupancy of the Property. If Buyer receives a notice of
385 any required repairs/improvements, Buyer will promptly deliver a copy ofthe notice to Seller.
385 I. W ithin _ 5 DAYS of receiving notice from the nmuticipulity that repairs/improvements are required. Seller will notil}, Buyer in writing
387 that Seller will:
369 a. Male the required repairs/improvements to the satisfaction of the municipality. If Seller makes the required repairs/improvements.
389 Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreement. OR
300 b. Not make file required repairs/improvements. ll• Seller chooses not to make the required repairs/improvements, Buyer will nolity
391 Seller in writing within _.-.-5 DAYS that Buyer will
392 (1) Male the repairs/improvements at Buyer's expense, with permission and access to the Property given by Seller, which will not be
393 unreasonably withheld, OR
394 (2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of
395 paragraph 30 of this Agreement.
396 If Buyer fails to respond within the time stated in paragraph 18 (D) (1) (b) or fails to terminate this Agreement by written notice to
307 Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, and Buyer
398 accepts the responsibility to perform the repairs/improvements according to the terms of the notice provided by the municipality.
399 2. if Seller denies Buyer permission to male the required repairs/improvements, or does not provide Buyer access before settlement to make
400 the required repairs/improvements, Buyer may, within ,-_.._5 DAYS, terminate this Agreement by written notice to Seller, with all deposit
401 monies returned to Buyer according to the terms ofparagraph 30 ofthis Agreement.
02 3. if repairs/improvements are required and Seller fails to provide a copy of the notice to Buyer as required in paragraph 18 (D). Seller will
403 perform all repairs/improvements as required by the notice at Seller's expense. Paragraph 18 (D) (3) will survive settlement.
dN (E) Access to a public road may require issuance Of a highway occupancy permit from the Department of Transportation.
405 19. TITLE, SURVEYS S COSTS (9-05)
406 (A) The Property will he conveyed with good and marketable title as is insurable by a reputable title insurance company at the regular rates, tree and
407 clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the following: existing deed restrictions; historic preservation
408 restrictions or ordinances; building restrictions; ordinances; easements of roads; easements visible upon the ground; easements of record; and
409 privileges or rights ofpublic service companies, ifany.
410 (B) Buyer will pay for the following: ( I ) Title search, title insurance and/or mechanics' lien insurance. or any fee 1'or cancellation; (2) Flood
411 insurance, fire insurance with extended coverage, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees and charges paid in
412 advance to mortgage lender(s); (4) Buyer's customary settlement costs and accruals.
413 (C) Any survey or surveys required by the title insurance company or the abstracting attorney for preparing an adequale legal description of the
,114 Property (or the correction thereof) will be obtained and paid for by Seller. Any survey or surveys desired by Buyer or required by the mortgage
415 ]ender will be obtained and paid for by Buyer.
416 (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 regular rates, as
417 specified in paragraph 19 (A). Buyer will:
4+.8 I. Accept the Properly with such title as Seller can give, with no change to the purchase price, zinc] agree to the RELEASE in paragraph 27 of
419 this Agreement. OR
420 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terns of paragraph 30 of this
421 Agreement. Upon termination, Seller will reimburse Buyer for any costs incurred by Buyer f'or any inspections or certifications obtained
422 according to the terms of this Agreement; and for those items specified in paragraph 19 (B) items (1), (2). (3) and in paragraph 19 (C).
423 (E) The Properly is not a `'recreational cabin" as defined in the Pennsylvania Construction Code Act unless otherwise stated here (see Inforntation
424 Regarding Recreational Cabins):. _
425 20. C'ONDOMINILIMi/PLANNED C:OMiMUNITti (HOMEOWNER ASSOCIATION) RESALE NOTICE (9-05)
426 NOT APPLICABLE
427 APPLICABLE: CONDOMINIUM. The Property is a unit of a condominium that is primarily ruts by a unit owners' association. §3407 of the
428 Unilbrin Condominium Act of• Pennsylvania (see information Regarding Condominiums and Planned Communities) requires Seller to furnish
429 Buyer with a Certificate of Resale and copies of the condominium declaration (other than plats and plans), the bylaws and the rules and
430 regulations of the association.
431 APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOCIATION). The Property is part ofa planned community as defined by the
432 Unilorm Planned Connmunity Act (see lnfirrniation Regarding Condominiums and Planned Communities). §5407(a) of the Act requires Seller to
433 flurnish Buyer with a copy of the Declaration (other than plats and plans), the bylaws the rules and regulations of the association, and a
434 Certificate containing the provisions set forth in §5407(a) ol*the Act. ~~5)
C. v
435 Buyer initials: a t, 1 VS-R Page 7 of 10 Seller initials:
Revised 9/05
Form generated b : PUe r www.TrueForms.com 800-499-9612
.136 'I'll E FOLLOWING .APP LIES TO PROPERTIES THAT ARE PART OF A CONDOMINIUM OR A PLANNED COMNIUNIT) .
437 (A) Within I"_5_ DAYS from the Execution Date of this Agreement. Seller% at Seller's expense, will request front the association a Certificate of
439 Resale and auy other documents necessar, to enable Seller to comply with the relevant AcL The Act provides that the association is required to
provide these documents within 10 days of'Seller's request.
44G 113) Seller will promptly deliver to Buyer all CloculltelItS received front [lie association. Under the Act- Seller is not liable to Buver for the failure of
44, the association to provide the Certificate in a timely manner. nor is Seller liable to Buyer For any incorrect information provided by the
4,12 association in the Certificate.
443 (C) The Act provides that Buyer may declare this Agreement VOID at any time befin•e Buyer receives tine association documents and Ica- 5 days
44d after receipt. OR until settlement. whichever occurs first. Buyer's notice to Seller must be in wt•iting: upon Buyer declaring this Agreement
445 void, of I deposit monies will be returned Lo Buyer according to the terms of paragraph 30 of this Agreement.
44 (D) If the association has the right to bury the Property (right of first refusal), and the association exercises that right, Seller will reimburse Buyer for
44- an, costs incurred by Buyer for any inspections or certi fications obtained according to the terms of the Agreement, and any costs incurred by Buyer
,148 for: (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation: (2) Flood insurance and/or lire insurance with
449 extended coverage, mine subsidence insurance, orally fee for cancellation; (3) Appraisal fees and charges paid in advance to mortgage lender(s).
30 21. IylAINTENANCE i, RISK OF LOSS (9-05)
451 (A) Seller will maintain the Property. grounds. Fixtures and personal property specifically listed in this Agreement in its present condition. normal
!52 wear and tear excepted.
453 (B) If any system or appliance included in the sale of the Property fails before settlement. Seller will:
454 1. Repair or replace the failed system or appliance before settlement, OR
405 2. Provide prompt written notice to Buyer ol'Seller's decision to:
56 a. Credit Buyerat settlement for the fairmarketvalue 0fthe failed system orappliance, as acceptable to the mortgage lender(s), ifany, OR
457 b. Not repair or replace the failed system or appliance. and not credit Buyer at settlement for the fair market value oi'the failed system
458 or appliance.
459 3. If Seller doc; not repair or replace the failed system or appliance or agree to credit Buyer for its fair market value. or if Seller fails to notify
460 Buyer of Seller's choice, Buyerwill notify Seller in writing within 5 DAYS or before settlement, whichever is earlier. that Buyer will:
461 a. Accept the Property and agree to the RELEASE in paragraph 27 of this Agreement. OR
462 b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30
463 ofthis Agreement.
464 (C) Seller bears the risk of, loss front fire or other casualties until settlement. If any property included in this sale is destroyed and not replaced,
465 Buyer will:
466 1. Accept the Property in its then current condition together with the proceeds of any insurance recovery obtainable by Seller, OR
,167 1 Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of
466 this Agreement.
469 22. COAL NO FIC'E (Where ,Applicable)
470 "THIS DOCUMENT I MAY NOT SELL. CONVEY. TRANSFER. INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHTS OF SUPPORT LINDERNEATH THE SURFACE LAND
471 LILSCRIBLD OR REFERRE=D TO HEREIN, AND THE GINNER OR OWNERS OF SUCH COAL MAY RAVE THE COMPLETE LEGAL RIGH"r TO RMWOVE ALL SUCI"I COAL AND IN
472 "1N.AT CONNECTION. DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUC'rUtt.L' ON OR IN SUCH LAND. (This
473 notice is set forth in the manner provided in Section I of the Act of July 17, 1957, P.L. 95=4.) "Buyer acknowledges that he may not be obtaining the
474 right of protection against subsidence resulting From coal mining operations, and that the property described herein may be protected from damage
475 due to mine subsidence by a private contract with the owners ofthe economic interests in the coal. This acknowledgement is made fix the purpose of
476 complying with the provisions of Seclion 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966." Buyer agrees to
477 sign the deed Iron Seller which deed will contain the aforesaid provision.
478 23. POSSESSION (9-05)
479 (A) Possession is to be delivered by deed, keys and.
460 I. Physical possession to vacant Property tree of debris, with all structures broom-clean, at day and time ofsettlement. AND/OR
481 2. Assignment of'any existing lease(s). together wvith any security deposits and interest, at day and Lillie of settlennent. if' Property is leased at
482 the execution of this Agreement. unless otherwise stated in this Agreement.
483 (B) Buyer will acknowledge existing lease(s) by initialing the lcase(S) at the execution ofthis Agreement. unless otherwise specified herein.
484 (C) Seller will not enter into any new leases, extensions ofexisting leases or additional leases for the Property without the written consent of Buyer.
485 24, RECORDING (9-05) 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
486 Buyer causes or permits this Agreement to be recorded, Seller may elect to treat such act as a breach of this Agreement.
'187 25. ASSIGNMENT (9-05)Tlus Agreement is binding upon the parties, their heirs, personal representatives. guardians and successors, and to the extent
480 assignable. on the assigns uhlhe parties hereto. Buyer will not transfer or assign this Agreement without the written consent of Seller unless otherwise
489 stated in Lhis Agreement.
490 26, GOVERNING LAW, VENUE & PERSONAL JURISDICTION (9-05)
491 (A) The validity and construction ofthis Agreement, and the rights and duties 01"the parties. will be governed in accordance with the laws ofthe
492 Connntomwealth of Pennsylvania.
493 (B) The parties agree that any dispute, controversy or claim arising under or in connection with this Agreement or its performance by either party
494 shall be decided exclusively by and in the state or federal courts sitting in the Commonwealth of Pennsylvania.
495 27. RELEASE (9-05)
496 Buyer releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES and any OFFICER or
497 PARTNER of any one of them and any other PERSON, FIRM or CORPORATION who may be liable by or through them, from any and all
498 claims, losses or demands, including, but not limited to, personal injury and property damage and all of the consequences thereof, whether
499 known or not, which may arise from the presence of termites or other wood-boring insects, radon, lead-based paint hazards, mold, fungi or
500 indoor air quality, environmental hazards, any defects in the individual on-lot sewage disposal system or deficiencies in the on-site water
501 service system, or any defects or conditions on the Property. Should Seller be in default under the terms of this Agreement, or in violation of
502 any seller disclosure law or regulation, this release does not deprive Buyer of any right to pursue any remedies that may available under
503 hm or equity. This release will survive settlement. 1
504 Buyer Initials: F;, ~ A(S-R Page 8 of 10 Seller Initials:
Revised 9/05
Form generated by - •u s mvw.TrueForms.com 800-499-9612
505 28. RLPRLSENTATIONS (9-05)
5'36 (A) All representations, claims, advertising. promotional activities. brochures Or plans of any kind made by Seller. Brokers. their licensees.
5,7 employees. officers or partners are not a part of this Agreement unless expressly incorporated or staled in this Agreement. This Agreement
508 contains the whole agreement between Scllcr and Buyer. and there are no other terms, obligations, covenants. representations. statements or
509 onditions. oral or othcrwisC. of anv kind whatsoever concerning this sale. This Agreement will not be altered. amended. changed or modified
510 except in writing c'xeented by the parties.
511 (B) Unless otherwise stated in this Agreement, Buyer has inspected the Property (including fixtures and any personal property specifically
512 listed herein) before signing this Agreement or has waived the right to do so, and agrees to purchase the Property IN I'1'~ PRESENT
513 CONDITION. Buyer acknowledges that Brokers, their licensees, employees, officers or partners have not made ,in independent
51-1 e.Namoration or determination of the structural soundness of the Property, the age or condition of the components, environmental
315 conditions, the permitted uses or of conditions existing in the locale where the Property is situated: nor have they made a mechanical
516 inspection ofany of the systems contained therein.
517 (C) Any repairs required by this Agreement will be completed in a workiianlike manner.
518 (D) Broker (s) have provided or may provide services LO assist unrepresented parties in complying with this Agreement.
519 29. DLFAIILT(9-05)
520 (A) Seller has the option of retaining all sums paid by Buyer, including the deposit monies, should Buyer:
521 I. Pail to make any additional payments as specified in paragraph 3, OR
522 ? Furnish false or incomplete information to Seller, Broker(s), or any other party identilied in this Agreement concerning Buyer's legal or
523 Ilnancial status. OR
524 3, Violate or lhil to fulfill and perform any other terms or conditions ol'this Agreement.
525 (B) Unless otherwise checked in paragraph 29 (C), Seller may elect to retain those stuns paid by Buyer, including deposit monies:
526 1. On account of purchase price, OR
527 2. As monies to be applied to Seller's damages. OR
528 3. As liquidated damages for such breach.
529 (C) SELLER IS LIMITED TO RETAINING SUNIS PAID BY BUYER, INCLUDING DEPOSIT MONIES, AS LIQUIDATED DANIAGES.
530 (D) I f Seller retains all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to paragraph 29 (B) or (C), Buyer and Seller
531 are released lium further liability or obligation and this Agreement is VOID.
532 30. TERNIINATION & RETURN OF DEPOSITS (9-05)
533 (A) Where Buyer terminates this Agreement pursuant to any right granted by this Agreement, all deposit monies paid on account of purchase price
534 will be relUrned to Buyer and this Agreement will be VOID. The broker holding the deposit monies may only release the deposit monies
535 according to the teens of a loth executed written agreement between Buyer and Seller and as permitted by the Rules and Regulations of the
536 State Real Estate Commission.
537 (B) Iftherc is a dispute over entitlement Lo deposit monies. a broker is not legally permitted to determine if a breach occurred or which party is entitled to
538 deposit monies. A broker holding the deposit monies is required by the Rules and Regulations ofthe State Real Estate Commission to retain the
539 monies in escrow until the di5ptlte is resolved. In the event of litigation over deposit monies, a broker will distribute the monies according t0 the
540 terms ol'a final order of court nr a written agreement of the parties. Buyer and Seller agree that, if uny broker or affiliated licensee is joined in
511 litigation regarding deposit monies, the atturleys' lees and casts of the broker(s) and licensee(s) will be paid by the party joining them.
542 31. REAL ESTATE RECOVERY FUND (9-05)
5113 A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real estate licensee
541 owing to tiantl, misrepresentation. or deceit in a real estate transaction and who have been unable to collect the judgment alter exhausting all legal and
545 equitable remedies. For complete details about the Fund, call (717) 783-3638 or (800) 822-21 13 (within Pennsylvania) and (717) 783-4854 (outside
546 Pennsylvania).
547 32. MEDIATION (9-05)
5,18 (A) Unless otherwise checked in paragraph 32 (D), Buyer and Seller will submit all disputes or claims that arise from this Agreement to mediation
5,19 in accordance with the Rules and Procedures Of the Home Sellers/Home Buyers Dispute Resolution System. Any agreement reached through
550 mediation and signed by the parties will be binding (see Information Regarding Mediation).
551 (13) 1 Buyer and Seller have received, read. and understand the Rules and Procedures of the Home Sellers/1-lome Buyers Dispute Resolution System.
552 (C) Any agreement to mediate disputes or claims arising from this Agreement will survive settlement.
553 (D) I NIEDIATION IS WAIVED. Buyer and Seller understand that they may choose to mediate at a later date should a dispute or claim arise.
554 but that there will be no obligation fbr any party to do so.
555 33. RESIDENTIAL, LEAD-BASED PAINT HAZARD REDUCTION ACT NOTICE (Required for properties built before 1978) (9-05)
:156 Lead-Based Paint Hazards Disclosure Requirements: The Residential Lead-Based Paint Hazard Reduction Act requires any seller ol'property
557 built before 1978 to provide the buyer with an EPA-approved lead hazards information pamphlet titled Pro(eet )'our FamilYfirom Lend[ in Yom- Hoare
558 and to disclose to the buyer and the broker(s) the knmvii presence of lead-based paint and/or lead-based paint hazards in or on flee property being sold,
559 alone with the basis used for determining that the hazards exist, the location of the hazards, and the condition of painted surfaces. Any seller of a pre-
560 1978 structure must also provide the buyer widi any records or reports available to the seller regarding lead-based paint and/or lead-based paint
561 hazards in or about the property being sold, the common areas. or other residential dwellings in multi-family housing. Belbre a buyer is obligated to
562 purchase any housing constructed prior to 1978, the Act requires the seller to give [lie buyer 10 clays (unless buyer and seller agree in writing to
563 another time period) to conduct a risk. assessment or inspection for the presence of lead-based paint and/or leadbased paint hazards. The opportunity
564 to conduct a risk assessment or inspection may be waived by the buyer, in writing. Neither testing not, abatement is required of the seller. Housing
565 built in 1978 or later is not subject to the Act.
566 NO h APPLICABLE. Property was built in 1978 or later.
567 X APPLICABLE. Property was built before 1978. Broker must attach the Lead-Based Paint Hazards Disclosure and Inspection
568 Contingency Addendum (PAR Form LPA) or another acceptable form with the information required by the Act, and provide Buyer
ro9 the pamphlet Protect Your Family front Lead in Your Home. Buyer(s) must initial below that they have received both documents:
570 LL4 t-,'s Lead-Based Paint Hazards Disclosure and Inspection Contingency Addendum (attached as part of is Agreement).
571 - Prolecl )'our Famil.V f ont Lead in Your Home
572 Buyer Initials: LIVE A/S-R Page 9 of 10 Seller Initials:
Revised 9/05
Form generated b t rF www.TrueForms.com 600499-9612
573 3.1. SPECIAL CLAUSES (1-02)
574 (A) The following are part of this Agreement if elrecked:
575 Sale & Settlement 0f Other Property Settlement of Other Property Contingency Addendum (PAR form SOP)
75 Contingency Addendum (PAR Form SSP) Tenant-Occupied Property.Addendum (PAR Form TOP)
577 Sale & Settlement ol'Other Property Contingency ;
571 with Right W Continue Marketing Addendum
579 (PAR Form SSP-CIM)
580 (Pi
582 _ -
F8"
534
:585
586
587
586
569 -
591
592
593
-
594 _
595
596
597
598 Buyer and Seller acknowledge receipt of a copy of this Agreement at the time of signing.
599 NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Parties to this transaction are advised to consult
600 an attorney before signing if they desire legal advice.
601 Return by facsimile transmission (FAX) ot'this Agreement, and any addenda and amendments, bearing the signatures of all parties, constitutes
602 acceptance by the parties.
603 Buyer has received the Consumer Notice as adopted by the State Reaf Estate Commission at 49 Pa. Code §35.336.
604 Buyer has received a statement ol'Buyer's estimated closing costs before signing this Agreement.
605 Buyer has read and understands the notices and explanatory information sct forth in this Agreement.
606 Buyer has received a Seller's Property Disclosure Statement before signing this Agreement, if required by law (see Information Regarding
607 the Real Estate Seller Disclosure Law).
608 X Buyer has received the Deposit iy1oney Notice (for cooperative sales when Broker for Seller is holding deposit money) before signing this
609 Agreement.
610 BUYER'S MAILING ,`ADDRESS:
n
612 WITNESS J BUYER
DAME
Wayn Syst
613 WITNESS _ BUYER lam' 'L DATE 4 25
Pat
614 WITNESS BUYER DATE
615 Seller has received the Consumer Notice as adopted by the State Real Estate Commission at 49 P.I. Code §35.336.
656 Seller has received a statement of Seller's estimated closing costs before signing this Agreement.
617 Seller bas read and understands the notices and explanatory information in this Agreement.
618 SELLER'S iNIAILIN ADDRESS:
619
- -
620 SELLER DATE
1~~z 621 WI SELLER DATE
622 WITNESS SELLE DATE y ~f /Cv
A/S-R Page 10 of 10
Revised 9/05
Form generated by True Forms'" www.TrueForms.com 800-499-9612
Page 1 of 1
Subj: (no subject)
Date: 9/10/2008 1:21:17 P.M. Eastern Daylight Time
From: h_eatherneidli_nger_-)a yahoo.com
To: iceblaw(d~aol.com
Attached is the Newville Road Contract.
The Buyer Agent Info: Robert d'Angelo with d'Angelo Reatly Group, Inc.
contact info: parealtorCa)comcast.net
379-3415 (cell)
506-0532 (fax)
alift 9
iPLENUS
Heather Neidlinger
Broker,QOwner Y .
5001 Carlisle Pike
haler„hanicsburg, PA 17015 717-761-4663
Wednesday, September 10, 2008 AOL: JOEBLAW
FREEDMONT MORTGAGE CORPORATIONO
1902 MARKET STREET CAMP HILL, PA 17011
(717) 975-5105 + (888) 955-8505 + (7) 7) 975-5106 FAX
PRELIMINARY APPROVAL LETTER
DATE: SEPTEMBER 9, 2008
BORROWER(S): WAYNE & PATRICIA SYSTER
LOAN TYPE: VA
PROPERTY ADDRESS: 1537 NEWVILLE RD CARLISLE, PA 17015
CONCESSIONS: 4%
TO WHOM IT MAY CONCERN:
The above borrower(s) have made formal loan application with Freedmont Mortgage
Corporation® for the above referenced financing, which is currently available to the
borrower(s). Based upon our review of the information rendered, the borrower(s) appear
to qualify for a total loan amount of $125,000 and a purchase price of $125,000.
This Pre-Qualification is based on the strengths presented in the formal loan application.
Any additional information you may require pertaining to the financial strength of the
borrower(s) may be obtained directly from the lender, Freedmont Mortgage Corporation&
Said loan should be committed, subject to a satisfactory appraisal and appropriate
verification and review of all employment and credit documents. Any above stated interest
rate and type has not been locked in. This Pre-Qualification is not contingent on the sale of
any other real estate owned by the borrower(s).
This letter does not constitute a loan commitment and is intended only to provide
preliminary financing approval, subject to the conditions stated herein. Please feel free to
contact me with any questions regarding their qualifications as a prospective buyer(s).
Sincerely,
Chris Wingle
Branch Manager
717-645-6147 cellular
01/04/2013 09:18 7174235607 MCELWEE LIVESTOCK PAGE 01
DuRrAi1OFC.OLLE•CTIONS& pennsylvania ~
YAXPAYE•RSFRVICES
PO BOX 281041 DEPARTMENT OF REVENUE
RAR.R155U10 rA 17128-164LI
OTI FD 1IN U. NTIN TAN L• T FO AFr(mo1) _a 0 MCELWEE BICKY S Notice Date: 02/01/2013
250 JUMPER RD Estate of:
NEWBURG PA 17240 SELDERS MTLDRED M
SSN: 193-12-9627
Date of Death: 04-26-2008
File Number: 21 08-0512
Date of Assessment: 10-29-2012
ACN: 08140552
Department records indicate a delinquent inheritance tax liability for the estate identified. above. Below is
a summary of the delinquency. To avoid additional costs and interest, please pay the arnount due within 1.5
__...days of.tl-w.dare of..this notice. _
TAX INTEREST PENALTY CREDIT BALANCE
1,614.74 242.31 .00 1,857.05
The Inheritance and Estate Tax Act mandates the f ling of a tax return and payment of all
outstanding liabilities by a personal representative or a tran'sfe'ree of an estate within nine months
of a decedent's death.
We encourage you to take this opportunity to address your tax d'eli'nquency. If you fail. to do so,
your account may be referred to a collection agency and additional fees up to 39 percent of the
amount due will be added to the liability.
Please detach and return the lower portion. of this notice with. your payment to the Register of Wills of
the county indicated. Make check or money order payable to: Register of Wills, Agent.
If the above balance due was paid recently, please disregard this notice.
If you. have any questions regarding this notice, please contact:
Harrisburg Call. Center
717-7833000
1-800-447-3020 (Services for taxpayers with special hearing and/or speaking needs) _
PLEASE RETURN THIS PORTION WITH YOUR PAYMENT TO
THE REGISTER OF WILLS 1DENTIFTED
Estate of-
SELDERS MILDRED M
SSN: 193-12-9627 REGISTER OF WILLS
Date of Death.: 04-26-2008 1 COURTHOUSE SQUARE
File Number: 21 08-0512 CARLISLE PA 17013
Date of Assessment; 10-29-2012
ACN: 08140352
REV-15o8 EX+ (08-12)
P pennsylvania SCHEDULE E
DEPARTMENT OF REVENUE CASH, BANK DEPOSITS & MISC.
INHERITANCE TAX RETURN PERSONAL PROPERTY
RESIDENT DECEDENT
ESTATE OF: FILE NUMBER:
MILDRED M. SELDERS 21-08-0512
Include the proceeds of litigation and the date the proceeds were received by the estate.
All property jointly owned with right of survivorship must be disclosed on Schedule F.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEAT#
1. Cash 3,470.19
2. Microwave and cabinet 25.00
3. Refrigerator 50.00
4. Kitchen Cabinet 175.00
5. Table and chairs 100.00
6. Stove 50.00
7. Television 19 inch 25.00
8. Chairs (three) 30.00
9. Couch 10.00
10. ends tables (four) 40.00
11. Wall Clock 25.00
12. Lamps (two) 30.00
13. Sewing Machine (inop) 25.00
14. Freezer, small upright 175.00
15. Beds (two) 100.00
16. Dresser (two) 100.00
17. Chest of Drawers (two) 100.00
18. Cedar Chest 50.00
19 Washer and dryer (40 years old) 10.00
20. Misc. Tools 100.00
21. Garden Tools 150.00
22. Porch Glider 50.00
23. Orrstown Bank refund 195.49
24. US Treasury Bond 300.00
25. Metropolitan Life Ins. Co. Refund 886.08
TOTAL (Also enter on Line 5, Recapitulation) $ 6,246.74
If more space is needed, use additional sheets of paper of the same size.
REV-15og EX+ (o>->o)
j pennsylvania SCHEDULE F
DEPARTMENT OF REVENUE
JOINTLY-OWNED PROPERTY
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF: FILE NUMBER:
MILDRED M. SELDERS 21-08-0512
If an asset became jointly owned within one year of the decedent's date of death, it must be reported on Schedule G.
SURVIVING JOINT TENANT(S) NAME(S) ADDRESS RELATIONSHIP TO DECEDENT
A. DOROTHY A. MOWERY P.O. Box 215 daughter
Plainnfield, PA 17081
B. Becky S. McElwee 250 Jumper Road daughter
Newburg, Pa 17240
C.
JOINTLY OWNED PROPERTY:
LETTER DATE DESCRIPTION OF PROPERTY % OF DATE OF DEATH
ITEM FOR JOINT MADE INCLUDE NAME OF FINANCIAL INSTITUTION AND BANK ACCOUNT NUMBER OR SIMILAR DATE OF DEATH DECEDENT'S VALUE OF
NUMBER TENANT JOINT IDENTIFYING NUMBER. ATTACH DEED FOR JOINTLY HELD REAL ESTATE. VALUE OF ASSET INTEREST DECEDENT'S INTEREST
1. A. 01/02/07 Orrstown Bank Account# 10600031 21,529.81 50 10,764.91
TOTAL (Also enter on Line 6, Recapitulation) $ 10,764.91
If more space is needed, use additional sheets of paper of the same size.
~:,i/b4/Lbi_~ UJ:ib it"4LJ!Db0! MQCLL~nILC Li'jE51ULK NAu~ ✓Jl
DuRr.,,U OFCOLLECIIOM & pennsylvania
TAXPAYER sFRVICES
PQ60X,W01" DEPARTMENT OF RE%IENUE
}.t.,zzaAUAa PA 17iw5.1n41
FD T I.'~' C'~NT IV FR1TA,~iCL Ti~X Rc~•h~r ~>,vr ~ar,_„ ~
NOTI CEO
MCELWEE KICKY S Notice Date: 02/01/2013
250 JUMPER RD Estate of.:
NEWBURG PA 17240 SELDERS MILDRED M
SSN: 193.12-9627
Date of Death: 04-26-2008
File Number: 21 08-0512
Date of Assessment: 10-29-2012
ACN: 08140552
Department records indicate a delinquent inheritance tax liability for the estate identified above. Below is
a summary of the delinquency. To avoid additional costs and interest, please pay the ai?nount due within 1.5
.-.-..days. of t1w.date of..thi.s notice. _
TAX INTEREST PENALTY CREDIT BALANCE
1,614.74 242.31 .00 1,857.05
The Inheritance and Estate Tax Act mandates the fili.rag of a tax return and. payment of all
outstanding liabilities by a personal representative or a tran:sferce of an estate within nine months
of a decedent's death.
We encourage you to take this opportunity to address your tax delinquency. If you fail. to do so,
your account may be referred. to a collection agency and. additional fees up to 39 percent of the
amount due will be added to the liability.
Please detach and return the lower portion. of this notice with. your payment to the Register of Wills of
the county indicated. Make check or money order payable to: Register of Wills, Agent.
If the above balance due was paid recently, please disregard this notice.
If you. have any_question.s regarding this notice, please contact:
Harrisburg Call. Center
717-783-3000
1-800-447-3020 (Services for taxpayers with special hearing and/or speaking needs)
PLEASE RETURN THIS PORTION WITH YOUR PAYMENT TO
THE REGISTER OF FILLS MENTIFTED
Estate of:
SELDERS MILDRED M
SSN: 193-12-9627 REGISTER OF WILLS
Date of Death: 04-26-2008 1 COURTHOUSE SQUARE
File Number: 21 08-0512 CARLISLE PA 17013
Date of Assessment: 10-29-2012
ACN: 08140352
pennsyLvania SCHEDULE H
♦ DEPARTMENT DFREVENUE FUNERAL EXPENSES AND
INHERITANCE TAX RETURN ADMINISTRATIVE COSTS
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
MILDRED M. SELDERS 21-08-0512
Decedent's debts must be reported on Schedule I.
ITEM
NUMBER DESCRIPTION AMOUNT
A. FUNERAL EXPENSES:
1. Ewing Brothers Funeral Home 7,225.20
2. Funeral Meal 155.00
B. ADMINISTRATIVE COSTS:
1. Personal Representative Commissions:
Name(s) of Personal Representative(s)
Street Address
City State ZIP
Year(s) Commission Paid:
2. Attorney Fees: 8,500.00
3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation.)
Claimant
Street Address
City State ZIP
Relationship of Claimant to Decedent
4. Probate Fees: 375.00
5. Accountant Fees:
6. Tax Return Preparer Fees:
7• Legal Advertisements 265.54
8. Diversified Appraissers 325.00
9. Bricker Auctions 400.00
10 Real Estate Commissions 7,200.00
11. Seller's assistance Sale of property (See HUD-1 attached) 5,862.18
12. Transfer Tax (Sale of Real Estate) 1,250.00
TOTAL (Also enter on Line 9, Recapitulation) $ 31,557.92
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REV-1512 E:Y: !22-12`
i pennsylvania SCHEDULE I
DEPARTMENT OF REVENUE DEBTS OF DECEDENT,
INHERITANCE TAX RETURN MORTGAGE LIABILITIES & LIENS
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
MILDRED M. SELDERS 21-08-0512
Report debts incurred by the decedent prior to death that remained unpaid at the date of death, including unreimbursed medical expenses.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
1. PPL 162.75
2. Embarq 83.39
3. State Farm Insurance 352.00
4. Greenridge Village 38.20
5. Retina Specialists of PA 102.97
TOTAL (Also enter on Line 10, Recapitulation) $ 739.31
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REV-1513 EX+ (01-10)
`pennsylvania SCHEDULE J
DEPARTMENT OF REVENUE
BENEFICIARIES
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF: FILE NUMBER:
MILDRED M. SELDERS 21-08-0512
RELATIONSHIP TO DECEDENT AMOUNT OR SHARE
NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE
I TAXABLE DISTRIBUTIONS (Include outright spousal distributions and transfers under
Sec. 9116 (a) (1.2).)
1. Virginia S. Long 110 Long Road, Newville, Pa 17241 daughter 1 /3
2. Dorothy A. Mowery P.O. Box 215, Plainfield, PA 17081 daughter 1 /3
3. Becky S. McElwee 250 Jumper Road, Newburg, PA 17240 daughter 1/3
ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18 OF REV-1500 COVER SHEET, AS APPROPRIATE.
II NON-TAXABLE DISTRIBUTIONS
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN:
1.
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS:
1.
TOTAL OF PART II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET. $
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LAST WILL AND TESTAMENT
T OF
MILDRED M. SELDERS
I, Mildred M. Selders, 1537 Newville Road, Carlisle, Pennsylvania of West
Pennsboro Township of Cumberland County, Commonwealth of Pennsylvania, declare
that this document is my Will and revoke all my previous Wills and Codicils.
1.
IDENTIFICATIONS AND DEFINITIONS
I am a widow. I have three adult children, Virginia Long, Dorothy Mowery and
Becky McElwee, they are referred to in the Will as "my children".
II.
PAYMENT OF EXPENSES, DEBTS, AND TAXES
I direct my co-Executors to pay medical, funeral, and administrative expenses and
all taxes payable by reason of my death, before any division of my estate. My co-
Executors shall not attempt to have any part of such taxes apportioned among the
recipients of property includible in determining the amount of such taxes. Proceeds on
insurance on my life up to the maximum allowable as an exemption from Pennsylvania
Inheritance Tax and distributions from pension and profit sharing plans exempt from
federal estate tax, all of which are payable to my Trustee or any beneficiary (other than
my estate), shall not be used to pay debts, taxes, expenses of administration or other
charges against my estates.
III.
CHILDREN SURVIVING
If my children survive me, I dispose of my property as follows:
Tangible Personal Prop ertv: I give my tangible personal property in
equal shares to my children who survive me, to be divided among
them as they shall agree; if they fail to reach agreement within sixty
(60) days of my death, this tangible personal property shall be
divided among my children as my Executor determines appropriate,
in shares of substantially equal value. I recommend, but do not
require, that all such items of tangible personalty be appraised and
that the children select in rotation items at the appraised value, the
r order of choice to be determined by lot
Residu e: I give all other property which I own or over which I
have a testamentary power of appointment, to and for the benefit of
my issue who survive me, as follows:
To each who has attained the age of twenty-five (25) years, the
share which he/she would take if all such property then were being
distributed to my issue who survive me, per stirpes.
To my Trustee hereinafter named, the balance of such property,
to be held, administered and distributed as provided in the article of
this Will entitled TRUST FOR ISSUE.
IV.
TRUST FOR ISSUE
This trust is established for the benefit of my issue from time to time living who
have not attained the age of twenty-five (25) years and who do not have a parent who
received either a part of the residue at my death under Article IV or a portion of the
corpus of this trust subsequently at age twenty-five (25) years.
Income: The net income shall be accumulated and thereafter treated
as corpus.
o u : From the corpus of the trust, the Trustee shall pay from
time to time or for the benefit of such one or more beneficiaries such
variable amounts (even to the exhaustion of the trust) as are
appropriate, in the discretion of the Trustee, for support and care
where the beneficiary is not self-supporting through no fault of his
own, for education (defined as four years of college, or equivalent
preparation in business, technical or trade training) if the beneficiary
strives therefor in good faith, and for extraordinary requirements
occasioned by illness or other misfortune. Amounts of corpus so
distributed shall not be taken into account in making division of the
trust when a beneficiary attains the age for distribution to him
provided in the next four paragraphs. It is my expectation and
intention that if guardians of the person are appointed for a minor
child, the Trustee will exercise the foregoing power in order to
supply funds to the guardians adequate to maintain and support the
minor child and to protect the guardians, to the extent possible, from
suffering any significant financial burden by reason of their
appointment.
When each beneficiary attains the age of twenty-five (25) years,
the Trustee shall pay to him the share to which he would be entitled
if the then existing trust fund were distributed to my issue then
living, per stirpes, on the hypothesis that my only issue then living
are such beneficiary and all younger beneficiaries of this Trust.
This trust shall terminate when the youngest beneficiary attains
the age of twenty-five (25) years. If this last beneficiary dies before
attaining that age, then upon his death Trustee shall distribute the
fund to my issue, then living, per stirpes.
If, at the end of my accounting period, the current market value
of the corpus of the trust does not exceed Twenty-Five thousand
($25,000.00) dollars, the corpus shall forthwith be paid to the
beneficiaries of the trust then living, per stirpes (my children to be
i
s ; p vie a i a istrr utee is a minor under the
Revised Uniform Gifts to Minors Act as that Act exists at the
execution of this Will and, for the purpose, that Act is incorporated
by reference.
If this trust is still in existence on the date that is twenty-one
(21) years after the death of the last to die of my issue living at my
death, Trustee shall divide the fund, per stirpes, among the then
beneficiaries of the trust (my children to be the stocks). The share
of each beneficiary shall be paid to him, provided the Trustee shall
hold, administer the share of any distributee who then is a minor as
Custodian in accordance with the provision in the last preceding
paragraph.
V.
FIDUCIARIES
Executrix: I nominate and appoint my three daughters, Virginia Long, Dorothy
Mowery and Becky McElwee as co-Executors of this Will to serve without bond. If any
one of them does not survive me, declines to act, or having qualified, resigns, dies, or is
removed, I nominate the ones remaining to serve as Executors to serve without bond.
Trustee: I nominate Orrstown Bank as Trustee. My Trustee shall not be required
to file an inventory or accountings with the Clerk or the Court having jurisdiction over
this Will.
Powers: I give my fiduciaries, including successor fiduciaries, all the powers
contained in Chapter 71 of the Pennsylvania Probate, Estates and Fiduciaries Code at the
time of the execution of this Will, and those powers are incorporated by reference.
VI.
MISCELLANEOUS
Survival Defined: No person shall be deemed to have survived me or to be living
at my death if he/she shall die within thirty (30) days after my death.
Issue Defined: The term issue means all my lineal descendants, immediate and
remote, living on the date the persons who comprise that class must be ascertained.
When distribution is to issue, per stirpes, distribution shall be by right of representation,
my children to be the stocks.
In testimony of which I now sign this Will, in the presence of witnesses whose
names will appear below, and request that they witness my signature and attest to the
execution, of this Will, this 10th day of April, 2001 at 1237 Holly Pike, Carlisle,
Cumberland County, Pennsylvania.
AA&I
MILDRED M. SELDERS
Mildred M. Selders, in our presence, signed this instrument. Before she signed it,
she declared to us that it was her Will and requested that we act as witnesses to its
execution. We believe her to be of sound mind, possessing testamentary capacity, and not
subject to undue influence, fraud, or coercion. We now, in her presence, and in the
presence of each other, sign below as witnesses, all on this 10th day of April, 2001, at
ke, Carlisle, Cumberland County, Pennsylvania.
1234Hly Pi
residing at 1237 Holly Pike, Carlisle, PA 17013.
t'
- V'11 "3 w residing at 29B Royal Amer. Cir, Carlisle, PA 17013
J
COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF CUMBERLAND
We, Joseph D. Buckley and Mary Z. Filiberti, the witnesses whose names are
signed to the foregoing instrument, being duly qualified according to law, do depose and
say that we were present and saw Testator sign and execute the instrument as his/her Last
Will: that he signed willingly and for the purposes therein expressed; that each of us in
the hearing and sight of the Testator signed the Will as witnesses; and that to the best of
our knowledge the Testator was at that time eighteen (18) or more years of age, of sound
mind, and under no constraint or undue influence.
Sworn or affirmed to and subscribed to before me by Joseph D. Buckley and
Mary Z. Filiberti, witnesses, this 10th day of April, 2 /901.
~~J 11011
t y y~~"
Notary P lic
Notarial Seal
Karen Kay Buckley. Notary Public
South Middleton Twp., CLilberiand County
My Commission Expires June 23, 2001