HomeMy WebLinkAbout04-25-13 1
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Andrew C. Sheely, Esquire C
127 S. Market Street t�9
P.O. Box 95 :;9
Mechanicsburg, PA 17055 m ... C3 1._..5 �=
PA ID NO. 62469 '
717-697-7050 (Phone) x.1'1 :"'' `
717-697-7065 (Fax) C
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IN RE: THE ESTATE OF : IN THE COURT OF COMMONmPL�EAS OF �oo
GLADYS M. OWENS, : CUMBERLAND COUNTY, PENfTSYLVANi'P-
! Deceased
: ORPHANS COURT DIVISION
: NO. 21-11-1255
MOTION TO APPROVE SALE OF REAL ESTATE
1. On March 5 2013 the Honorable Thomas A. Place
y
entered an Order of Court approving the sale of the decedent' s
residence in accordance with an Agreement of Sale dated February
11, 2013. A copy of the March 5, 2013 Order of Court is
attached hereto as Exhibit "A" .
2 . Subsequent to the March 5, 2013 Order of Court, the
3
buyer, Jeffrey Hunt, was unable to complete settlement as he was
not approved for financing, and the February 11, 2013 Agreement
of Sale was declared null and void.
3. On or about March 16, 2013, the Estate of Gladys M.
Owens entered into a subsequent Agreement of Sale with Christina
M. Keefer in accordance with specific terms and conditions for a
sales price of $96,500. 00, an amount $500. 00 more than the prior
a
Agreement of Sale dated February 11, 2013. The March 16, 2013
Agreement of Sale is attached hereto as Exhibit "B" .
.j
WHEREFORE, the Estate of Gladys M. Owens, respectfully
request the entry of the Order of Court attached hereto
approving the sale of the decedent ' s residence in accordance
with the Agreement of Sale dated March 16, 2013.
Respectfully submitted,
Andrew C. Sheely, Esquire
Attorney for Estate of
Gladys M. Owens, Carmella Colban,
Executrix
Date: April 25, 2013
3
Exhibit '"A"
e
a
IN RE: THE ESTATE OF 11`4 THE COURT OF COMMON PLEAS OF
GLADYS M. OThTENS, C:UMBFR�:17�,ND COUNTY, PENNSYLVANIA
Deceased
ORPHANS COURT DIVISION
NO. 21-11-1255
ORDER OF COURT
IN RE: ESTATE MOTION TO APPROVE SALE OF REAL ESTATE
AND NOW, this day of March, 2013, upon
consideration of the attached Motion and correspondence attached
thereto, the Agreement of Sale dated February 11, 2013 between
the Estate of Gladys M. Owens, Seller, and Jeffrey Hunt, is
hereby APPROVED. The Executor of the Estate is hereby
authorized to sign any and all documents to complete the sale of
the decedent' s residence in accordance with the terms and
conditions of the Agreement of Sale dated February 11, 2013.
Counsel for the Estate is directed to provide a copy of this
Order of Court to counsel of record and each beneficiary.
BY TH C RT, Cy
�y
rn -•i �;
THOMAS A. PLACEY, J., = c-n
Cn
Andrew C. Sheely, Esquire
G -, Z3
Attorney for Petitioner - = �-A �=-
i RUE COPY FROM R RD _
Anthony T. McBeth, Esquire, In Testimony wherdt,Ibeoaunta- C,3 �' 1
.v
Attorney for Respondents set my hand and the seal
of said Court at Car{_v FAQ-{
Cleat of the Orphans CAUtt
Cumberland County
Exhibit "B"'
STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE ASR
This form recommended and approved for,but not restricted to use by,the members of the Pennsylvania Association of RL•ALTORS:k(PAR).
PARTIES
BUYER(S):Christina M. Keefer SELLER(S): Estate of Gladys M. Owens
BUYER'S MAILING ADDRESS: SELLER'S MAILING ADDRESS:
PROPERTY
PROPERTY ADDRESS 207 East Locust Street, Mechanicsburg, PA
ZIP 17055 ,
in the municipality of Mechanicsburg ,County of Cumberland ,
in the School District of Mechanicsburg ,in the Commonwealth of Pennsylvania.
Identification(e.g.,Tax ID 4;Parcel#;Lot,Block;Deed Book,Page,Recording Date):Parcel ID # 17230565135
BUYER'S RELATIONSHIP WITH PA LICENSED BROKER
❑No Business Relationship(Buyer is not represented by a broker)
Broker(Company) Prudential Homesale Services Licensee(s)(Name)Diane D. Lebo
Company Address 3435 Market street, camp Hill, PA Direct Phone(s) (717)307-3165
17011 Cell Phones) (717)802-0615
Company Phone _(717)761-7900 Fax (717)761-8837
Company Fax (717)761-8837 Email diane @dianelebo.com
Broker is: Licensees)is:
❑Buyer Agent(Broker represents Buyer only) ❑Buyer Agent with Designated Agency
®Dual Agent(See Dual and/or Designated Agent box below) ❑Buyer Agent without Designated Agency
®Dual Agent(See Dual and/or Designated Agent box.below)
❑Transaction Licensee(Broker and Licensees)provide real estate services but do not represent Buyer)
SELLER'S RELATIONSHIP WITH PA LICENSED BROKER
❑No Business Relationship(Seller is not represented by a broker)
Broker(Company) Prudential Homesale Services Licensee(s)(Name)Diane D Lebo
Company Address 3435 Market street, camp Hill, PA DirectPhone(s) (717)802-0615
17011 Cell Phone(s)
Company Phone (717)761-7900 Fax (717)761-8837
Company Fax (717)761-8837 Email diane @dianelebo.com
Broker is: Licensee(s)is:
❑Seller Agent(Broker represents Seller only) ❑Seller Agent with Designated Agency
®Dual Agent(See Dual and/or Designated Agent box below) ❑Seller Agent without Designated Agency
®Dual Agent(See Dual and/or Designated Agent box below)
❑Transaction Licensee(Broker and Licensees)provide real estate services but do not represent Seller)
DUAL AND/OR DESIGNATED AGENCY
A Broker is a Dual Agent when a Broker represents both Buyer and Seller in the same transaction.A Licensee is a Dual Agent when a Licensee
represents Buyer and Seller in the same transaction.All of Broker's licensees are also Dual Agents UNLESS there are separate Designated Agents
for Buyer and Seller.If the same Licensee is designated for Buyer and Seller,the Licensee is a Dual Agent.
By signing this Agreement,Buyer and Seller each acknowledge having been previously informed of,and consented to,dual agency,if
applicable. ;.
Buyer Initials: ASR Page 1 of 11 Seiler Initials:
Pennsylvania Association of REALTORS' Revised 1/12 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2012
Prudential tiornmalefCamp hill 3435 Market Street Camp Bill,PA 17011 Phone:717-761-7900 Fax: 717-761-8837 Gladys M Owens
Diane Lebo Produced with zipForm@ by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.zipLonix.com
1 1. By this Agreement, dated March 16, 2013 ,
2 Seller hereby agrees to sell and convey to Buyer,who agrees to purchase,the identified Property.
3 2. PURCHASE PRICE AND DEPOSITS(1-10)
4 (A) Purchase Price$ $96,500.00
5 ( Ninety—Six Thousand, Five Hundred
6 U.S.Dollars),to be paid by Buyer as follows:
7 1. Deposit at signing of this Agreement: $ 1,000.00
8 2. Deposit within days of the Execution Date of this Agreement: $
9 3. $
10 4. Remaining balance will be paid at settlement.
I1 (B) All funds paid by Buyer, including deposits, will be paid by check, cashier's check or wired funds. All funds paid by Buyer
12 within 30 DAYS of settlement, including funds paid at settlement,will be by cashier's check or wired funds, but not by per-
13 sonal check.
14 (C) Deposits, regardless of the form of payment and the person designated as payee, will be paid in U.S. Dollars to Broker for Seller
IS (unless otherwise stated here: )�
16 who will retain deposits in an escrow account in conformity with all applicable laws and regulations until consummation or ter-
17 mination of this Agreement. Only real estate brokers are required to hold deposits in accordance with the rules and regulations of
18 the State Real Estate Commission. Checks tendered as deposit monies may be held uncashed pending the execution of this
19 Agreement.
20 3. SELLER ASSIST(If Applicable)(1-10)
21 Seller will pay$6,000.00 or %of Purchase Price(0 if not specified)toward
72 Buyer's costs, as permitted by the mortgage lender, if any. Seller is only obligated to pay up to the amount or percentage which is
23 approved by mortgage lender.
24 4. SETTLEMENT AND POSSESSION(1-10)
25 (A) Settlement Date is April 30, 2013 ,or before if Buyer and Seller agree.
26 (B) Settlement will occur in the county where the Property is located or in an adjacent county, during normal business hours, unless
27 Buyer and Seller agree otherwise.
28 (C) At time of settlement, the following will be pro-rated on a daily basis between Buyer and Seller, reimbursing where applicable:
29 current taxes (see Notice Regarding Real Estate Taxes); .rents; interest on mortgage assumptions; condominium fees and home-
30 owner association fees; water and/or sewer fees, together with any other lienable municipal service fees. All charges will be pro-
31 rated for the period(s) covered. Seller will pay up to and including the date of settlement and Buyer will pay for all days follow-
32 ing settlement,unless otherwise stated here:
33
34 (D) Conveyance from Seller will be by fee simple deed of special warranty unless otherwise stated here:
35
36 (E) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here:
37
38 (F) Possession is to be delivered by deed, existing keys and physical possession to a vacant Property free of debris, with all structures
39 broom-clean, at day and time of settlement, unless Seller, before signing this Agreement, has identified in writing that the Property
40 is subject to a lease, y
41 (G) If Seller has identified in writing that the Property is subject to a lease, possession is to be delivered by deed, existing keys and
42 assignment of existing leases for the Property,together with security deposits and interest,if any,at day and time of settlement. Seller
43 will not enter into any new leases, nor extend existing leases, for the Property without the written consent of Buyer. Buyer will
44 acknowledge existing lease(s) by initialing the lease(s) at the execution of this Agreement, unless otherwise stated in this Agreement.
45 ❑Tenant-Occupied Property Addendum(PAR Form TOP)is attached.
46 5. DATES/TIME IS OF THE ESSENCE(1-10)
47 (A) Written acceptance of all parties will be on or before:March 17, 2013
48 (B) The Settlement Date and all other dates and times identified for the performance of any obligations of this Agreement are of the
49 essence and are binding.
50 (C) The Execution Date of this Agreement is the date when Buyer and Seller have indicated full acceptance of this Agreement by sign-
51 ing and/or initialing it. For purposes of this Agreement, the number of days will be counted from the Execution Date, excluding
52 the day this Agreement was executed and including the last day of the time period. All changes to this Agreement should be ini-
53 tialed and dated.
54 (D) The Settlement Date is not extended by any other provision of this Agreement and may only be extended by mutual written agree-
55 ment of the parties.
56 (E) Certain terms and time periods are pre-printed in this Agreement as a convenience to the Buyer and Seller. All pre-printed terms
57 and time periods are negotiable and may be changed by striking out the pre-printed text and inserting different terms acceptable
58 to all parties.
59 6. ZONING(1-10)
60 Failure of this Agreement to contain the zoning classification (except in cases where the property (and each parcel thereof, if subdi-
61 vidable) is zoned solely or primarily to permit single-family dwellings) will render this Agreement voidable at Buyer's option, and, if
62 voided,any deposits tendered by the Buyer will be returned to the Buyer without any requirement for court action.
63 Zoning Classification: residential
64 Buyer Initials: / ASR Page 2 of 11 Seller Initials:—CA/
Revised 1/1.2
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65 7. FIXTURES AND PERSONAL PROPERTY(1-10)
66 (A) INCLUDED in this sale are all existing items permanently installed in the Property, free of liens, and other items including
57 plumbing; heating; radiator covers; lighting fixtures (including chandeliers and ceiling fans); pool and spa equipment (including
68 covers and cleaning equipment); electric animal fencing systems (excluding collars); garage door openers and transmitters; tele-
69 vision antennas; unpotted shrubbery, plantings and trees; any remaining heating and cooking fuels stored on the Property at the
70 time of settlement; smoke detectors and carbon monoxide detectors; sump pumps; storage sheds; fences; mailboxes; wall to wall
71 carpeting; existing window screens, storm windows and screen/storm doors; window covering hardware, shades and blinds;
72 awnings; built-in air conditioners; built-in appliances; the rangetoven. unless otherwise stated; and, if owned, water treatment sys-
73 tems,propane tanks,satellite dishes and security systems.Also included:
74 -
75 (B) The following items are LEASED (not owned by Seller). Contact the provider/vendor for more information (e.g., water treatment
76 systems,propane tanks,satellite dishes and security systems):
77 (C) EXCLUDED fixtures and items:
78
79 8. MORTGAGE CONTINGENCY(I-10)
80 ❑ WAIVED. This sale is NOT contingent on mortgage financing, although Buyer may obtain mortgage financing and/or the par-
81 ties may include an appraisal contingency.
82 ® ELECTED.
83 (A) This sale is contingent upon Buyer obtaining mortgage financing according to the following terms:
84 First Mortgage on the Property Second Mortgage on the Property
85 LoanAmount$ 93,605.00 LoanAmount S
86 Minimum Term 30 years Minimum Term years
87 Type of mortgage FHA Type of mortgage
88 Loan-To-Value(LTV)ratio: Loan-To-Value(LTV)ratio:
89 For non-FHA/VA loans LTV ratio not to exceed 97.000 % For non-FHAIVA loans LTV ratio not to exceed %
90 Mortgage lender Susquehanna Mortgage Co Mortgage lender
91
92 Interest rate 3.750 %;however,Buyer agrees to accept the Interest rate %;however,Buyer agrees to accept the
93 interest rate as may be committed by the mortgage lender,not tc interest rate as may be committed by the mortgage lender,not to
94 exceed a maximum interest rate of 4.000 %. exceed a maximum interest rate of %.
95 Discount points, loan origination, loan placement and other fees Discount points, loan origination, loan placement and other fees
96 charged by the lender as a percentage of the mortgage loan(exclud- charged by the lender as a percentage of the mortgage loan(exclud-
97 ing any mortgage insurance premiums or VA funding fee) not to ing any mortgage insurance premiums or VA funding fee) not to
98 exceed %(0%if not specified)of the mortgage loan. exceed %(0%if not specified)of the mortgage loan.
99 (B) The interest rate(s) and fee(s) provisions in Paragraph 8(A) are satisfied if the mortgage lender(s) gives Buyer the right to guar-
100 antee the interest rate(s) and fee(s) at or below the maximum levels stated. If lender(s) gives Buyer the right to lock in the inter-
101 est rate(s),Buyer will do so at least 15 days before Settlement Date.Buyer gives Seller the right,at Seller's sole option and
102 as permitted by law and the mortgage lender(s), to contribute financially, without promise of reimbursement, to the Buyer and/or
103 the mortgage lender(s)to make the above mortgage term(s)available to Buyer.
104 (C) Within days (7 if not specified) from the Execution Date of this Agreement, Buyer will make a completed, written mort-
105 gage application (including payment for and ordering of appraisal and credit reports without delay, at the time required by
106 lender(s)) for the mortgage terms and to the mortgage lender(s) identified in Paragraph 8(A), if any, othenvisc to a responsible
107 mortgage lenders) of Buyer's choice. Broker for Buyer, if any, otherwise Broker for Seller, is authorized to communicate with
108 the mortgage lender(s)to assist in the mortgage loan process.
109 (D) Buyer will be in default of this Agreement if Buyer furnishes false information to anyone concerning Buyer's financial
110 and/or employment status, fails to cooperate in good faith with processing the mortgage loan application (including delay
111 of the appraisal), fails to lock in interest rate(s) as stated in Paragraph 8(B), or othenvisc causes the lender to reject, refuse
112 to approve or issue a mortgage loan commitment.
113 (.E) 1. Mortgage Commitment Date: April 22, 2013 .Upon receiving a mortgage commitment,Buyer will
114 promptly deliver a copy of the commitment to Seller.
115 2. If Seller does not receive a copy of the mortgage commitment(s) by the Mortgage Commitment Date, Seller may terminate
116 this Agreement by written notice to Buyer. Seller's right to terminate continues until Buyer delivers a mortgage commitment
117 to Seller.Until Seller terminates this Agreement,Buyer is obligated to make a good-faith effort to obtain mortgage financing.
118 3. Seller may terminate this Agreement by written notice to Buyer after the Mortgage Commitment Date if the mortgage commitment:
119 a. Does not satisfy the terms of Paragraph 8(A),OR
120 b. Contains any condition not specified in this Agreement (e.g., the Buyer must settle on another property, an appraisal must
121 be received by the lender,or the mortgage commitment is not valid through the Settlement Date)that is not satisfied and/or
122 removed in writing by the mortgage lender(s)within 7 DAYS after the Mortgage Commitment Date in Paragraph
123 8(E)(1), or any extension thereof, other than those conditions that are customarily satisfied at or near settlement (e.g.,
124 obtaining insurance,confirming employment).
125 4. If this Agreement is terminated pursuant to Paragraphs 8(E)(2) or (3), or the mortgage loan(s) is not obtained for settlement,
126 all deposit monies will be returned to Buyer according to the terms of Paragraph 23 and this Agreement will be VOID. Buyer
127 will be responsible for any costs incurred by Buyer for any inspections or certifications obtained according to the terms of
128 this Agreement, and any costs incurred by Buyer for: (1) Title search, title insurance and/or mechanics' lien. insurance, or any
129 fee for cancellation; (2) Flood insurance, fire insurance, hazard insurance, mine subsidence insurance, or any fee for cancel-
130 lation;(3)Appraisal fees and charges paid in advance to mortgage lender(s).
131 Buyer Initials: ! ASR Page 3 of 11 Seller Initials:
Revised 1/12
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132 (F) If the mortgage lender(s), or a property and casualty insurer providing insurance required by the mortgage lender(s), requires
133 repairs to the Property,Buyer will,upon receiving the requirements,deliver a copy of the requirements to Seller.Within 5
134 DAYS of receiving the copy of the requirements. Seller will notify Buyer whether Seller will make the required repairs at Seller's
135 expense.
136 1. If Seiler makes the required repairs to the satisfaction of the mortgage lender and/or insurer, Buyer accepts the Property and
137 agrees to the RELEASE in Paragraph 25 of this Agreement.
138 2. if Seller will not make the required repairs,or if Seller fails to respond within the stated time,Buyer will,within 5
139 DAYS,notify Seller of Buyer's choice to:
140 a. Make the repairs/improvements at Buyer's expense, with permission and access to the Property given by Seller, which
141 will not be unreasonably withheld,OR
142 b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of
143 Paragraph 23 of this Agreement.
144 If Buyer fails to respond within the time stated in Paragraph 8(17)(2)or fails to terminate this Agreement by written notice
145 to Seller within that time,Buyer will accept the Property and agree to the RELEASE in Paragraph 25 of this Agreement.
146 FHA/VA,IF APPLICABLE
147 (G) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the pur-
148 chase of the Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless Buyer
149 has been given, in accordance with HUD/FHA or VA requirements, a written statement by the Federal Housing Commissioner,
150 Veterans Administration, or a Direct Endorsement Lender setting forth the appraised value of the Property of not less than
151 S (the Purchase Price as stated in this Agreement).Buyer will have the privilege and option of
152 proceeding with consummation of the contract without regard to the amount of the appraised valuation. The appraised valuation
153 is arrived at to determine the maximum mortgage the Department of Housing and Urban Development will insure. HUD does
154 not warrant the value nor the condition of the Property. Buyer should satisfy himself/herself that the price and condition of the
155 Property are acceptable.
156 Warning: Section I010 of Title 18, U.S.C., Department of Housing and Urban Development and Federal Housing
157 Administration Transactions, provides, "A hoover for the purpose of . . . influencing in any way the action of such Department,
158 makes, passes, utters or publishes any statement, knowing the same to be false shall be fined under this title or imprisoned not
159 more than two years,or both."
160 (H) U.S. Department of Housing and Urban Development (HUD) NOTICE TO PURCHASERS: Buyer's Acknowledgement
161 D Buyer has received the HUD Notice "For Your Protection: Get a Home Inspection." Buyer understands the importance of
162 getting an independent home inspection and has thought about this before signing this Agreement. Buyer understands that
163 FHA will not perform a home inspection nor guarantee the price or condition of the Property.
164 (1) Certification We the undersigned, Seller(s) and Buyer(s) party to this transaction each certify that the terms of this contract
165 for purchase are true to the best of our knowledge and belief, and that any other agreement entered into by any of these parties
166 in connection with this transaction is attached to this Agreement.
167 9. CHANGE IN BUYER'S FINANCIAL STATUS(3-11)
168 In the event of a change in Buyer's financial status affecting Buyer's ability to purchase, Buyer shall promptly notify Seller and
I69 lenders) to whom the Buyer submitted mortgage application, if any. A change in financial status includes, but is not limited to, loss
170 or a change in employment; failure or loss of sale of Buyer's home; Buyer's having incurred a new financial obligation; entry of a
171 judgment against Buyer. Buyer understands that applying for and/or incurring an additional financial obligation may affect
172 Buyer's ability to purchase.
173 10.SELLER REPRESENTATIONS(1-10)
174 (A) Radon Testing and Remediation(See Notice Regarding Radon)
175 Seller has no knowledge about the presence or absence of radon unless checked below:
176 ❑ 1. Seller has knowledge that the Property was tested on the dates and by the methods (e.g. charcoal canister, alpha track,
177 etc.),which produced the results indicated below:
178 Date Type of Test Results(picoCuries/liter or working levels) Name of Testing Service
179
180
181 [] 2. Seller has knowledge that the Property had radon removal systems)installed as indicated below:
182 Date Installed Type of System Provider
.183
184
185 Copies of all available test reports will be delivered to Buyer with this Agreement. Seller does not warrant the meth-
186 ods or the results of radon tests.
187 (B) Status of Water
188 Seller represents that the Property is served by:
189 ® Public Water ❑ Community Water ❑ On-site Water ❑ None ❑
190 (C) Status of Sewer
191 Seller represents that the Property is served by:
192 ® Public Sewer ❑ Community Sewage Disposal System ❑ Ten-Acre Permit Exemption(see Sewage Notice 2)
193 ❑ Individual On-lot Sewage Disposal System(see Sewage Notice 1) ❑ Holding Tank(see Sewage Notice 3)
194 ❑ Individual On-lot Sewage Disposal System in Proximity to Well(see Sewage Notice 1;see Sewage Notice 4,if applicable)
195 ❑ None(see Sewage Notice 1) ❑ None Available/Permit Limitations in Effect(see Sewage Notice 5)
196 ❑
197 Buyer Initials: �1 ASR Page 4 of 11 Seller Initials:
Revised 1/12
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198 (D) Historic Preservation
199 Seller is not aware of historic preservation restrictions regarding the Property unless otherwise stated here:
200
201 (E) ❑ Property, or a portion of it, is preferentially assessed for tax purposes under the following Act(s) (see Notices Regarding Land
202 Use Restrictions):
203 0 Farmland and Forest Land Assessment Act(Clean and Green Program;Act 319 of 1974;72 P.S.§5490.1 et seq.)
204 ❑ Open Space Act(Act 442 of 1967;32 P.S.§5001 et seq.)
205 ❑ Agricultural Area Security Law(Act 43 of 1981;3 P.S.§901 et seq.)
206 ❑ Other
207 (F) Seller represents that, as of the date Seller signed this Agreement, no public improvement, condominium or homeowner associa-
208 tion assessments have been made against the Property which remain unpaid, and that no notice by any government or public
209 authority has been served upon Seller or anyone on Seller's behalf, including notices relating to violations of zoning, housing,
210 building, safety or fire ordinances that remain uncorrected, and that Seller knows of no condition that would constitute a viola-
211 tion of any such ordinances that remain uncorrected,unless otherwise specified here:
212
213 (G) Seller knows of no other potential notices(including violations)and/or assessments except as follows:
214
215 (H) Access to a public road may require issuance of a highway occupancy permit from the Department of Transportation.
216 11.WAIVER OF CONTINGENCIES(9-05)
217 If this Agreement is contingent on Buyer's right to inspect and/or repair the Property, or to verify insurability, environmental
218 conditions, boundaries, certifications, zoning classification or use, or any other information regarding the Property, Buyer's
219 failure to exercise any of Buyer's options within the times set forth in this Agreement is a NVAIVER of that contingency and
220 Buyer accepts the Property and agrees to the RELEASE in Paragraph 25 of this Agreement.
221 12. INSPECTIONS(1-10)(See Notices Regarding Property and Environmental Inspections)
222 (A) Rights and Responsibilities
223 L Seller will provide access to insurers' representatives and, as may be required b this Agreement or mortgage lender(s), to
P P Y q Y b Y
224 surveyors,municipal officials,appraisers and inspectors.All parties and their real estate licensee(s)may attend any inspections.
225 2. Buyer may make a pre-settlement walk-through inspection of the Property. Buyer's right to this inspection is not waived by
226 any other provision of this Agreement.
227 3. Seller will have heating and all utilities(including fuel(s))on for all inspections/appraisals.
7�8 4. All inspectors,including home inspectors,are authorized by Buyer to provide a copy of any inspection Report to Broker for Buyer.
229 5. Seller has the right,upon request,to receive a free copy of any inspection Report from the party for whom it was prepared.
230 (B) Buyer waives or elects at Buyer's expense to have the following Inspections, certifications, and investigations (referred to as
231 "Inspection" or "Inspections") performed by professional contractors, home inspectors, engineers, architects and other properly
232 licensed or otherwise qualified professionals. If the same inspector is inspecting more than one system, the inspector must com-
233 ply with the Home Inspection Law.(See Notice Regarding the Home Inspection Law)
234 (C) For elected Inspection(s), Buyer will, within the Contingency Period(s) stated in Paragraph 13(A), complete Inspections, obtain any
235 Inspection Reports or results (referred to as "Report" or"Reports"), and accept the Property, terminate this Agreement, or submit a
236 Written Corrective Proposal(s)to Seller,according to the terms of Paragraph 13(B).
237 Home/Property Inspections and Environmental Hazards(mold,etc.)
238 leeted Buyer may conduct an inspection of the Property's structural components; roof; exterior windows and exterior Waived
239 I doors;exterior siding,Exterior Insulation and Finish Systems,fascia,gutters and downspouts;swimming pools,hot r
240 tubs and spas;appliances;electrical systems;interior and exterior plumbing;public sewer systems;heating and cool-
241 ing systems; water penetration; electromagnetic fields; wetlands and flood plain delineation; structure square
242 footage;mold and other environmental hazards(e.g.,fungi,indoor air quality,asbestos,underground storage tanks,
243 etc.);and any other items Buyer may select.If Buyer elects to have a home inspection of the Property,as defined in
244 the Home Inspection Law,the home inspection must be performed by a full member in good standing of a national
245 home inspection association,or a person supervised by a full member of a national home inspection association,in
246 accordance with the ethical standards and code of conduct or practice of that association,or by a properly licensed
247 or registered engineer or architect.(See Notice Regarding the Home Inspection Law)
248 Wood Infestation
249 Elected Buyer may obtain a written"Wood-Destroying Insect Infestation Inspection Report"from an inspector certified as Waived
250 U--/ a wood-destroying pests pesticide applicator and will deliver it and all supporting documents and drawings provid- /
251 ed by the inspector to Seller.The Report is to be made satisfactory to and in compliance with applicable laws,mort-
252 gage lender requirements,and/or Federal Insuring and Guaranteeing Agency requirements. The Inspection is to be
253 limited to all readily-visible and accessible areas of all structures on the Property,except fences. If the Inspection
254 reveals active infestation(s),Buyer,at Buyer's Expense,may obtain a Proposal from a wood-destroying pests pes-
255 ticide applicator to treat the Property.If the Inspection reveals damage from active or previous infestation(s),Buyer
256 may obtain a written Report from a professional contractor,home inspector or structural engineer that is limited to
257 structural damage to the Property caused by woad-destroying organisms and a Proposal to repair the Property.
258 Water Service
259 Elected Buyer may obtain an Inspection of the quality and quantity of the water system from a properly licensed or otherwise Waived
260 I qualified water/well testing company. If and as required by the inspection company,Seller,at Seller's expense,will I
261 locate and provide access to the on-site(or individual)water system. Seller will restore the Property to its previous
262 condition,at Seller's expense,prior to settlement.
263 Buyer Initials: Chit-I ASR Page 5 of 11 Seller Initials:
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264 Radon
265 Elected Buyer may obtain a radon test of the Property from a certified inspector. The U.S. Environmental Protection Waived
266 ! Agency (EPA) advises corrective action if the average annual exposure to radon is equal to or higher than 0.02 CA(_-�
267 working levels or 4 picoCuries/liter(4pCi/L).
268 On-lot Sewage(If Applicable)
269 Elected Buyer may obtain an Inspection of the individual on-lot sewage disposal system from a qualified, professional Waived
270 / inspector. If and as required by the inspection company, Seller, at Seller's expense,will locate,provide access to, /
271 and empty the individual on-lot sewage disposal system.Seller will restore the Property to its previous condition,
272 at Seller's expense,prior to settlement. See paragraph 13(C)for more information regarding the Individual On-lot
273 Sewage Inspection Contingency.
274 Property Insurance
275 Elected Buyer may determine the insurability of the Property by making application for property and casualty insurance for Waived
276 C_/ the Property to a responsible insurer.Broker for Buyer,if any,otherwise Broker for Seller,may communicate with /
277 the insurer to assist in the insurance process. If the Property is located in a flood plain, Buyer may be required to
2?8 carry flood insurance at Buyer's expense,which may need to be ordered 14 days or more prior to Settlement Date.
279 Property Boundaries
280 Elected Buyer may engage the services of a surveyor, title abstractor, or other qualified professional to assess the legal Waived
281 / description, certainty and location of boundaries and/or quantum of land. Most Sellers have not had the Property - /
282 surveyed as it is not a requirement of property transfer in Pennsylvania.Any fences,hedges,walls and other natural
283 or constructed barriers may or may not represent the true boundary lines of the Property. Any numerical represen-
284 tations of size of property are approximations only and may be inaccurate.
285 Deeds,Restrictions and Zoning
286 Elected Buyer may investigate easements,deed and use restrictions(including any historic preservation restrictions or ordi- Waived
287 / nances)that apply to the Property and review local zoning ordinances.Buyer may verify that the present use of the Ct<-- !
288 Property (such as in-law quarters, apartments, home office, day care) is permitted and may elect to make the
289 Agreement contingent upon an anticipated use.Present use:
290 Lead-Based Paint Hazards(For Properties prior to 1978 only)
291 Elected Before Buyer is obligated to purchase a residential dwelling built prior to 1978,Buyer has the option to conduct a Waived
292 C/ risk assessment and/or inspection of the Property for the presence of lead-based paint and/or lead-based paint haz- !
293 ards unless Buyer waives that right.Regardless of whether this inspection is elected or waived,the Residential
294 Lead-Based Paint Hazard Reduction Act requires a Seller of property built prior to 1978 to provide the
295 Buyer with an EPA-approved lead hazards information pamphlet titled Protect Your Family from Lead in
296 Your Home,along with a separate form, attached to this Agreement,disclosing Seller's knowledge of lead-
297 based paint hazards and any lead-based paint records regarding the Property. (See Notices Regarding
298 Residential Lead-Based Paint Hazard Reduction Act)
299 Other
300 Elected Waived
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302
303 The inspections elected above do not apply to the following existing conditions and/or items:
304
305
306 13.INSPECTION CONTINGENCY(1-10)
307 (A) The Contingency Period is 15 days(10 if not specified) from the Execution Date of this Agreement for each Inspection elect-
308 ed in Paragraph 12(C),except the following:
309 Inspection(s) Contingency Period
310 days
311 days
312 days
313 days
314 (B) Except as stated in .Paragraph 13(C), if the result of any Inspection elected in Paragraph 12(C) is unsatisfactory to Buyer, Buyer
315 will,within the stated Contingency Period:
316 1. Accept the Property with the information stated in the Report(s)and agree to the RELEASE in Paragraph 25 of this Agreement,OR
317 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of
318 Paragraph 23 of this Agreement,OR
319 3. Present the Report(s)to Seller with a Written Corrective Proposal("Proposal")listing corrections and/or credits desired by Buyer.
320 The Proposal may,but is not required to,include the name(s)of a properly licensed or qualified professional(s)to perform the cor-
321 rections requested in the Proposal, provisions for payment, including retests, and a projected date for completion of the correc-
322 tions. Buyer agrees that Seller will not be held liable for corrections that do not comply with mortgage lender or governmental
323 requirements if performed in a workmanlike manner according to the terms of Buyer's Proposal.
324 a. No later than days(5 if not specified)from the end of the Contingency Period(s),Seller will inform Buyer in writ-
325 ing that Seller will:
326 (1) Satisfy all the terms of Buyer's ProposaI(s),OR
327 (2) Not satisfy all the terms of Buyer's Proposal(s).
328 b. If Seller agrees to satisfy the terms of Buyer's Proposal, Buyer accepts the Property and agrees to the RELEASE in
329 Paragraph 25 of this Agreement.
330 c. Within days(2 if not specified)of the receipt of written notification that Seller will not satisfy all to B yen's
331 Buyer Initials:(, / ASR Page 6 of 11 Seller Initials: !
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332 Proposal, or the time stated in paragraph I3(B)(3)(a) if Seller fails to choose either option in writing, whichever occurs
333 first,Buyer will:
334 (1) Accept the Property with the information stated in the Report(s) and agree to the RELEASE in Paragraph 25 of this
335 Agreement,OR
336 (2) Terminate this Agreement by written notice to Seiler, with all deposit monies returned to Buyer according to the terms
337 of Paragraph 23 of this Agreement,OR
338 (3) Enter into a mutually acceptable written agreement with Seller, providing for any repairs or improvements to the
339 Property and/or any credit to Buyer at settlement,as acceptable to the mortgage lender,if any.
340 If Buyer fails to respond within the time stated in Paragraph 13(B)(3)(c) or fails to terminate this Agreement by
341 written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph
342 25 of this Agreement.
343 (C) If a Report reveals the need to expand or replace the existing individual on-lot sewage disposal system,Seller may,within
344 days (25 if not specified) of receiving the Report, submit a Proposal to Buyer. The Proposal will include, but not be limited to, the
345 name of the company to perform the expansion or replacement; provisions for payment, including retests; and a projected com-
346 pletion date for corrective measures.Within 5 DAYS of receiving Seller's Proposal,or if no Proposal is provided within the
347 stated time,Buyer will notify Seller in writing of Buyer's choice to:
348 I. Agree to the terms of the Proposal,accept the Property and agree to the RELEASE in Paragraph 25 of this Agreement,OR
349 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of
350 Paragraph 23 of this Agreement,OR
351 3. Accept the Property and the existing system and agree to the RELEASE in Paragraph 25 of this Agreement. If required by any
352 mortgage lender and/or any governmental authority, Buyer will correct the defects before settlement or within the time required
353 by the mortgage lender and/or governmental authority,at Buyer's sole expense, with permission and access to the Property given
354 by Seller, which may not be unreasonably withheld. If Seller denies Buyer permission and/or access to correct the defects,Buyer
355 may,within 5 DAYS of Seller's denial,terminate this Agreement by written notice to Seller,with all deposit monies returned
356 to Buyer according to the terms of Paragraph 23 of this Agreement.
357 If Buyer fails to respond within the time stated in Paragraph 13(C) or fails to terminate this Agreement by written notice
358 to Seller within that time,Buyer will accept the Property and agree to the RELEASE in Paragraph 25 of this Agreement.
359 14.NOTICES,ASSESSMENTS AND MUNICIPAL REQUIREMENTS(1-10)
360 (A) In the event any notices, including violations, and/or assessments are received after Seller has signed this Agreement and before
361 settlement,Seller will within 5 DAYS of receiving the notices andlor assessments provide a copy of the notices and/or assess-
362 ments to Buyer and will notify Buyer in writing that Seller will:
363 1. Fully comply with the notices and/or assessments, at Seller's expense, before settlement. If Seller fully complies with the
364 notices and/or assessments, Buyer accepts the Property and agrees to the RELEASE in Paragraph 25 of this Agreement, OR
365 2. Not comply with the notices and/or assessments. If Seller chooses not to comply with the notices and/or assessments, or fails
366 within the stated time to notify Buyer whether Seller will comply,Buyer will notify Seller in writing within 5 DAYS
367 that Buyer will:
368 a. Comply with the notices and/or assessments at Buyer's expense, accept the Property, and agree to the RELEASE in
369 Paragraph 25 of this Agreement,OR
370 b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of
371 Paragraph 23 of this Agreement.
372 If Buyer fails to respond within the time stated in Paragraph 14(A)(2)or fails to terminate this Agreement by written notice
373 to Seller within that time,Buyer will accept the Property and agree to the RELEASE in Paragraph 25 of this Agreement.
374 (B) if required by law,within 30 DAYS from the Execution Date of this Agreement,but in no case later than 15 DAYS prior
375 to Settlement Date, Seller will order at Seller's expense a certification from the appropriate municipal department(s) disclosing notice
376 of any uncorrected violations of zoning, housing, building, safety or fire ordinances and/or a certificate permitting occupancy of the
377 Property. If Buyer receives a notice of any required repairs/improvements, Buyer will promptly deliver a copy of the notice to Seller.
378 1. Within 5 DAYS of receiving notice from the municipality that repairs/improvements are required, Seller will deliver a
379 copy of the notice to Buyer and notify Buyer in writing that Seller will:
380 a. Make the required repairs/improvements to the satisfaction of the municipality. If Seller makes the required
381 repairs/improvements,Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 of this Agreement,OR
382 b. Not make the required repairs/improvements. If Seller chooses not to make the required repairs/improvements, Buyer will
383 notify Seller in writing within 5 DAYS that Buyer will:
384 (1) Make the repairs/improvements at Buyer's expense, with permission and access to the Property given by Seller,which
385 will not be unreasonably withheld,OR
386 (2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms
387 of Paragraph 23 of this Agreement.
388 If Buyer fails to respond within the time stated in Paragraph 14(B)(1)(b) or fails to terminate this Agreement by
389 written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph
390 25 of this Agreement, and Buyer accepts the responsibility to perform the repairs/improvements according to the
391 terms of the notice provided by the municipality.
392 .2. If Seller denies Buyer permission to make the required repairs/improvements, or does not provide Buyer access before
393 Settlement-Date to make the required repairs/improvements,Buyer may,within 5 DAYS,terminate this Agreement by
394 written notice to Seller,with all deposit monies returned to Buyer according to the terms of Paragraph 23 of this Agreement.
395 3. If repairs/improvements are required and Seller fails to provide a copy of the notice to Buyer as required in this Paragraph,Seller
396 will perform all repairs/improvements as required by the notice at Seller's expense.Paragraph 14(B)(3)will survive settlement.
397 Buyer Initials:�/ ASR Page?0€12 Seller Initials: !
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398 15. CONDOMINIUM/PLANNED COMMUNITY(IIOM.EOWNER ASSOCIATIONS)RESALE NOTICE(1-10)
399 Property is NOT a Condominium or part of a Planned Community unless checked below.
400 ❑ CONDOMINIUM. The Property is a unit of a condominium that is primarily run by a unit owners' association. Section 3407 of the
401 Uniform Condominium Act of Pennsylvania (see Notice Regarding Condominiums and Planned Communities) requires Seller to
402 furnish Buyer with a Certificate of Resale and copies of the condominium declaration (other than plats and plans), the bylaws and
403 the rules and regulations of the association.
404 ❑ PLANNED COMMUNITY (HOMEOWNER ASSOCIATION). The Property is part of a planned community as defined by the
405. Uniform Planned Community Act (see Notice Regarding Condominiums and Planned Communities)..Section 5407(a) of the Act
406 requires Seller to furnish Buyer with a copy of the Declaration (other than plats and plans), the bylaws, the rules and regulations
407 of the association,and a Certificate containing the provisions set forth in section 5407(a)of the Act.
408 THE FOLLOWING APPLIES TO PROPERTIES THAT ARE PART OF A CONDOMINIUM OR A PLANNED COMMUNITY.
409 (A) Within 15 DAYS from the Execution Date of this Agreement, Seller,at Seller's expense, will request from the association a
410 Certificate of Resale and any other documents necessary to enable Seller to comply with the relevant Act. The Act provides that
411 the association is required to provide these documents within 10 days of Seller's request.
412 (B) Seller will promptly deliver to Buyer all documents received from the association. Under the Act, Seller is not liable to Buyer for
413 the failure of the association to provide the Certificate in a timely manner or for any incorrect information provided by the asso-
414 ciation in the Certificate.
415 (C) The Act provides that Buyer may declare this Agreement VOID at any time before Buyer receives the association documents and
416 for 5 days after receipt, OR until settlement, whichever occurs first. Buyer's notice to Seller must be in writing; upon Buyer
417 declaring this Agreement void, all deposit monies will be returned to Buyer according to the terms of Paragraph 23 of this
418 Agreement.
419 (D) If the association has the right to buy the Property (right of first refusal), and the association exercises that right, Seller will reim-
420 burse Buyer for any costs incurred by Buyer for any inspections or certifications obtained according to the terms of the Agreement,
421 and any costs incurred by Buyer for: (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation;
422 (2) Flood insurance, fire insurance, hazard insurance, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees
423 and charges paid in advance to mortgage lender.
424 16.TITLES,SURVEYS AND COSTS(1-12)
425 (A) The Property will be conveyed with good and marketable title that is insurable by a reputable title insurance company at the rem
426 ular rates, free and clear of all liens, encumbrances, and casements, excepting however the following: existing deed restrictions;
427 historic preservation restrictions or ordinances; building restrictions; ordinances; easements of roads; easements visible upon the
428 ground;easements of record:and privileges or rights of public service companies,if any.
429 (B) Buyer will pay for the following: (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation;
430 (2) Flood insurance, fire insurance, hazard insurance, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees
431 and charges paid in advance to mortgage lender;(4)Buyer's customary settlement costs and accruals.
432 (C) Any survey or surveys required by the title insurance company or the abstracting company for preparing an adequate legal
433 description of the Property (or the correction thereof) will be obtained and paid for by Seller. Any survey or surveys desired by
434 Buyer or required by the mortgage lender will be obtained and paid for by Buyer.
435 (D) If Seller is unable to give good and marketable title that is insurable by a reputable title insurance company at the regular rates, as
436 specified in Paragraph 16(A), Buyer may terminate this Agreement by written notice to Seller, with all deposit monies returned to
437 Buyer according to the terms of Paragraph 23 of this Agreement. Upon termination, Seller will reimburse Buyer for any costs
438 incurred by Buyer for any inspections or certifications obtained according to the terms of this Agreement, and for those items spec-
439 ifred in Paragraph 16(B)items(1),(2),(3)and in Paragraph 16(C).
440 (E).Oil,gas,mineral,or other rights of this Property may have been previously conveyed or leased,and Sellers make no representation about
441 the status of those rights unless indicated elsewhere in this Agreement.
442 ❑ Oil,Gas and Mineral Rights Addendum(PAR Form OGM)is attached.
443 (F) COAL NOTICE(Where Applicable)
444 THIS DOCUMENT MAY NOT SELL,CONVEY,TRANSFER,INCLUDE,OR INSURE THE TITLE TO THE COAL AND RIGHTS OF SUPPORT UNDERNEATH
445 THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN,AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL
446 RIGHT TO REMOVE ALL SUCH COAL AND IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF TI{E LAND AND ANY HOUSE,
447 BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. (This notice is set forth in the manner provided in Section 1 of the Act of
448 July 17, 1957, P.L. 954.) "Buyer acknowledges that he may not be obtaining the right of protection against subsidence resulting
449 from coal mining operations, and that the property described herein may be protected from damage due to mine subsidence by a
450 private contract with the owners of the economic interests in the coal. This acknowledgement is made for the purpose of com-
451 plying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966."
452 Buyer agrees to sign the deed from Seller which deed will contain the aforesaid provision.
453 (G) The Property is not a "recreational cabin" as defined in the Pennsylvania Construction Code Act unless otherwise stated here (see
454 Notice Regarding Recreational Cabins):
455 (H) This property is not subject to a Private Transfer Fee Obligation unless otherwise stated here (see Notice Regarding Private Transfer
456 Fees):
457 ❑ Private Transfer Fee Addendum(PAR Form PTF)is attached.
458 17. MAINTENANCE AND RISK OF LOSS(1-10)
459 (A) Seller will maintain the Property, grounds, fixtures and personal property specifically listed in this Agreement in its present con-
460 dition,nonmal wear and tear excepted.
461 (B) If any system or appliance included in the sale of Property fails before settlement,Seller will:
462 1. Repair or replace the failed system or appliance before settlement,OR
463 2. Provide prompt written notice to Buyer of Seller's decision to:
464 a. Credit Buyer at settlement for the fair market value of the failed system or appliance, as acceptable to the mo a ae lender,
465 _ if any,OR ,
466 Buyer Initials:_/ ASR Page 8 of 11 Seller Initials: /
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467 b. Not repair or replace the failed system or appliance, and not credit Buyer at settlement for the fair market value of the
468 failed system or appliance.
469 3. If Seller does not repair or replace the failed system or appliance or agree to credit Buyer for its fair market value, or if Seller
470 faits to notify Buyer of Seller's choice,Buyer will notify Seller in writing within 5 DAYS or before Settlement Date,
471 whichever is earlier,that Buyer will:
472 a. Accept the Property and agree to the RELEASE in Paragraph 25 of this Agreement,OR
473 b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of .
474 Paragraph 23 of this Agreement.
475 If Buyer fails to respond within the time stated in Paragraph 17(B)(3) or fails to terminate this Agreement by written
476 notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 25 of this
477 Agreement.
478 (C) Seller bears the risk of loss from fire or other casualties until settlement. If any property included in this sale is destroyed and not.
479 replaced prior to settlement,Buyer will:
480 1. Accept the Property in its then current condition together with the proceeds of any insurance recovery obtainable by Seller,OR
481 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of
482 Paragraph 23 of this Agreement.
483 1$.HOME WARRANTIES(140)
484 At or before settlement, either party may purchase a home warranty for the Property from a third-party vendor. Buyer and Seller under-
485 stand that a home warranty for the Property does not alter any disclosure requirements of Seller, will not cover or warrant any pre-
486 existing defects of the Property, and will not alter, waive or extend any provisions of this Agreement regarding inspections or certifi-
487 cations that Buyer has elected or waived as part of this Agreement. Buyer and Seller understand that a broker who recommends a home
488 warranty may have a business relationship with the home warranty company that provides a financial benefit to the broker.
489 19. RECORDING(9-05)
490 This Agreement will not be recorded in the Office of the Recorder of Deeds or in any other office or place of public record. If Buyer
491 causes or permits this Agreement to be recorded,Seller may elect to treat such act as a default of this Agreement.
492 20.ASSIGNMENT(1-10)
493 This Agreement is binding upon the parties, their heirs, personal representatives, guardians and successors, and to the extent assigna-
494 ble, on the assigns of the parties hereto. Buyer will not transfer or assign this Agreement without the written consent of Seller unless
495 otherwise stated in this Agreement.Assignment of this Agreement may result in additional transfer taxes.
496 21.GOVERNING LAW,VENUE AND PERSONAL JURISDICTION(9-05)
497 (A) The validity and construction of this Agreement, and the rights and duties of the parties, will be governed in accordance with the
498 laws of the Commonwealth of Pennsylvania.
449 (B) The parties agree that any dispute, controversy or claim arising under or in connection with this Agreement or its performance by
500 either party submitted to a court shall be filed exclusively by and in the state or federal courts sitting in the Commonwealth of
501 Pennsylvania.
502 22.REPRESENTATIONS(1-10)
503 (A) All representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seller, Brokers, their
504 licensees, employees, officers or partners are not a part of this Agreement unless expressly incorporated or stated in this
505 Agreement. This Agreement contains the whole agreement between Seller and Buyer, and there are no other teens, obligations,
506 covenants, representations, statements or conditions, oral or otherwise, of any kind whatsoever concerning this sale. This
507 Agreement will not be altered,amended,changed or modified except in writing executed by the parties.
508 (B) Unless otherwise stated in this Agreement, Buyer has inspected the Property (including fixtures and any personal prop-
509 erty specifically listed herein) before signing this Agreement or has waived the right to do so, and agrees to purchase the
510 Property IN ITS PRESENT CONDITION, subject to inspection contingencies elected in this Agreement. Buyer acknowl-
511 edges that Brokers, their licensees, employees, officers or partners have not made an independent examination or deter-
512 mination of the structural soundness of the Property, the age or condition of the components, environmental conditions,
513 the permitted uses, nor of conditions existing in the locale where the Property is situated; nor have they made a mechan-
514 ical inspection of any of the systems contained therein.
515 (C) Any repairs required by this Agreement will be completed in a workmanlike manner.
516 (D) Broker(s)have provided or may provide services to assist unrepresented parties in complying with this Agreement.
517 23.DEFAULT,TERMINATION AND RETURN OF DEPOSITS(1-10)
518 (A) Where Buyer terminates this Agreement pursuant to any right granted by this Agreement, Buyer will be entitled to a return of
519 all deposit monies paid on account of Purchase Price pursuant to the teens of Paragraph 23(B), and this Agreement will be
520 VOID. Termination of this Agreement may occur for other reasons giving rise to claims by Buyer and/or Seller for the deposit
521 monies.
522 (B) Regardless of the apparent entitlement to deposit monies, Pennsylvania law does not allow a Broker holding deposit monies to
523 determine who is entitled to the deposit monies when settlement does not occur.Broker can only release the deposit monies:
524 1. If this Agreement is terminated prior to settlement and there is no dispute over entitlement to the deposit monies. A written
525 agreement signed by both parties is evidence that there is no dispute regarding deposit monies.
526 2. If, after Broker has received deposit monies, Broker receives a written agreement that is signed by Buyer and Seiler, direct-
527 ing Broker how to distribute some or all of the deposit monies.
528 3. According to the terms of a final order of court.
529 4. According to the terms of a prior written agreement between Buyer and Seller that directs the Broker how to distribute the
530 deposit monies if there is a dispute between the parties that is not resolved.(See Paragraph 23(C))
531 Buyer Initials. ASR Page 9 of 11 Seller Initials: /
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532 (C) Buyer and Seller agree that if there is a dispute over the entitlement to deposit monies that is unresolved 365 days after
533 the Settlement Date stated in Paragraph 4(A), or any written extensions thereof, the Broker holding the deposit monies will, with-
534 in 30 days of receipt of Buyer's written request, distribute the deposit monies to Buyer unless the Broker is in receipt of verifi-
535 able written notice that the dispute is the subject of litigation. If Broker has received verifiable written notice of litigation prior
536 to the receipt of Buyer's request for distribution, Broker will continue to hold the deposit monies until receipt of a written distri-
537 bution agreement between Buyer and Seller or a final court order. Buyer and Seller are advised to initiate litigation for any por-
538 tion of the deposit monies prior to any distribution made by Broker pursuant to this paragraph. Buyer and Seller agree that the
539 distribution of deposit monies based upon the passage of time does not legally detennine entitlement to deposit monies, and that
540, the parties maintain their legal rights to pursue litigation even after a distribution is made.
541 (D) Buyer and Seller agree that Broker who holds or distributes deposit monies pursuant to the terms of Paragraph 23 or Pennsylvania
S42 law will not be liable. Buyer and Seller agree that if any Broker or affiliated licensee is named in litigation regarding deposit
543 monies,the attorneys'fees and costs of the Broker(s)and licensee(s)will be paid by the party naming them in litigation.
544 (E} Seller has the option of retaining all sums paid by Buyer,including the deposit monies,should Buyer:
545 1. Fail to make any additional payments as specified in Paragraph 2,OR
546 2. Furnish false or incomplete information to Seller, Broker(s), or any other party identified in this Agreement concerning
547 Buyer's legal or financial status,OR
548 3. Violate or fail to fulfill and perform any other terms or conditions of this Agreement.
549 (F) Unless otherwise checked in Paragraph 23(G),Seller may elect to retain those sums paid by Buyer,including deposit monies:
550 1. On account of purchase price,OR
551 2. As monies to be applied to Seller's damages,OR
552 3/ As liquidated damages for such default.
553 (G) SELLER IS LIMITED TO RETAINING SUMS PAID BY BUYER,INCLUDING DEPOSIT MONIES,AS LIQUIDATED
554 DAMAGES.
555 (H) If Seller retains all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to Paragraph 23(F) or (G),
556 Buyer and Seller are released from further liability or obligation and this Agreement is VOID.
557 (1) Brokers and licensees are not responsible for unpaid deposits.
558 24. MEDIATION(1-10)
559 Buyer and Seller will submit all disputes or claims that arise from this Agreement, including disputes and claims over deposit monies,
560 to mediation. Mediation will be conducted in accordance with the Rules and Procedures of the Home Sellers/Home Buyers Dispute
561 Resolution System, unless it is not available, in which case Buyer and Seller will mediate according to the terms of the mediation sys-
562 tem offered or endorsed by the local Association of REALTORS0. Mediation fees, contained in the mediator's fee schedule, will be
563 divided equally among the parties and will be paid before the mediation conference. This mediation process must be concluded before
564 any party to the dispute may initiate legal proceedings in any courtroom, with the exception of filing a summons if it is necessary to
565 stop any statute of limitations from expiring. Any agreement reached through mediation and signed by the parties will be binding (see
566 Notice Regarding Mediation).Any agreement to mediate disputes or claims arising from this Agreement will survive settlement.
567 25. RELEASE(9-05)
568 Buyer releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES and any
569 OFFICER or PARTNER of any one of them and any other PERSON, FIRM'[ or CORPORATION who may be liable by or
570 through them, from any and all claims, losses or demands, including, but not limited to, personal injury and property dam-
571 age and all of the consequences thereof, whether known or not, which may arise from the presence of termites or other wood-
' 572 boring insects, radon, lead-based paint hazards, mold, fungi or indoor air quality, environmental hazards, any defects in the
573 individual on-lot sewage disposal system or deficiencies in the on-site water service system, or any defects or conditions on the
574 Property. Should Seller be in default under the terms of this Agreement or in violation of any Seller disclosure law or regula-
575 Lion, this release does not deprive Buyer of any right to pursue any remedies that may be available under law or equity. This
576 release will survive settlement.
577 26.REAL ESTATE RECOVERY FUND(9-05)
578 A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real
579 estate licensee (or a licensee's affiliates) owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been
580 unable to collect the judgment after exhausting all legal and equitable remedies. For complete details about the Fund, call (717) 783-
581 3658 or(800)822-2113(within Pennsylvania)and(717)783-4854(outside Pennsylvania).
582 27.COMMUNICATIONS W1T11 BUYER AND/OR SELLER(1-10)
583 Wherever this Agreement contains a provision that requires or allows communication/delivery to a Buyer, that provision shall be satis-
584 fed by communication/delivery to the Broker for Buyer, if any, except for documents required to be delivered pursuant to
585 Paragraph 15. If there is no Broker for Buyer, those provisions may be satisfied only by communication/delivery being made direct-
586 ly to the Buyer, unless otherwise agreed to by the parties. Wherever this Agreement contains a provision that requires or allows com-
587 munication/delivery to a Seiler, that provision shall be satisfied by communication/delivery to the Broker for Seller, if any. If there is
588 no Broker for Seller, those provisions may be satisfied only by communication/delivery being made directly to the Seller, unless other-
589 wise agreed to by the parties.
590 28.SPECIAL CLAUSES(1-10)
591 (A) The following are part of this Agreement if checked:
592 ❑ Sale&Settlement of Other Property Contingency Addendum(PAR Form SSP)
593 ❑ Sale&Settlement of Other Property Contingency with Right to Continue Marketing Addendum(PAR Form SSP-CM)
594 ❑ Settlement of Other Property Contingency Addendum(PAR Form SOP)
595 ❑ Short Sale Addendum to Agreement of Sale(PAR Form SHS)
596 Appraisal Contingency Addendum(PAR Form ACA)
597 ❑
598 ❑ - -- -
599 11 .41
600 Buyer Initials:(t I ASR Page 10 of 11 Seller Initials: '
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r
601 (13) Additional Terms:
r
602
603
604
605
606
607
608
609
610
611
612
613
614
615
616
617
618 Buyer and Seller acknowledge receipt of a copy of this Agreement at the time of signing.
619 This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and which coun-
620 terparts together shall constitute one and the same Agreement of the Parties.
621 NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Parties to this transaction are
622 advised to consult a Pennsylvania real estate attorney before signing if they desire legal advice.
623 Return of this Agreement, and any addenda and amendments, including return by electronic transmission, bearing the signatures
624 of all parties,constitutes acceptance by the parties.
625 �. ! Byer has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa.Code
626 §35.336.
627 / Buyer has received a statement of Buyer's estimated closing costs before signing this Agreement.
628 / Buyer has read and understands the notices and explanatory information in this Agreement.
629 C/ Buyer has received a Seller's Property Disclosure Statement before signing this Agreement, if required by law
630 (see In€ormation Regarding the Real Estate Seiler Disclosure Law).
631 / Buyer has received the Deposit Money Notice (for cooperative sales when Broker for Seller is holding deposit
632 money)before signing this Agreement.
6331 Buyer has received the Lead-Based Paint Hazards Disclosure, which is attached to this Agreement of Sale, and
634 the pamphlet Protect Your Family from Lead in Your Home(for properties built prior to 1978)
635 BUYER A DATE j
Christina M. Keefer
636 BUYER DATE
637 BUYER DATE
S
638 Seller has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa.Code§35.336.
639 Seller has received a statement of Seller's estimated closing costs before signing this Agreement.
640 Seller has read and understands the notices and explanatory information in this Agreement.
641 SELLER :r. DATE
Estate of Gladys M. Owens
642 SELLER DATE
643 SELLER DATE
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CERTIFICATE OF SERVICE
I. Andrew C. Sheely, Esquire, hereby certify that I am this
day serving the attached Motion upon the following named
individuals this day by depositing same in the United States
Mail, First Class, postage prepaid, at Mechanicsburg,
Pennsylvania, addressed as follows:
Anthony T. McBeth, Esquire,
Attorney for Rose M. Neidig
and Holly Omens
407 North Front Street
Harrisburg, PA 17101
Phyllis A. Henneman
111 Fairway Drive
Carlisle, PA 17015
Joseph C. Owens Jr.
13 Heathglen Road
Middletown, PA 17057
Date: April `�, 2013
Anir&�i C. Sheely, Attorney at Law
s
Andrew C. Sheely, Esquire
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
IN RE: THE ESTATE OF : IN THE COURT OF COMMON PLEAS OF
GLADYS M. OWENS, : CUMBERLAND COUNTY, PENNSYLVANIA
Deceased :
:
: ORPHANS COURT DIVISION
: NO. 21-11-1255
CERTIFICATE OF CONCURRENCE
I, Andrew C. Sheely, Esquire, reviewed the contents of the
attached motion with Anthony T. McBeth, Esquire, who confirmed
his concurrence to the sale of the decedent's residence on April
10, 2013, as requested in the attached motion prior to its
filing on the date set forth below.
Date: April 2 , 2013
'Aia--Ve
Andrew C. Sheely, Esqui e
Attorney for Estate o
Gladys M. Owens
127 South Market Street
P.O. Box 95
Mechanicsburg, PA 17055
717-697-7050