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HomeMy WebLinkAbout01-25-06 (2) REV-1500 EX + (6-00) OFFICIAL USE ONLY REV-1500 INHERITANCE TAX RETURN RESIDENT DECEDENT COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE DEPT. 280601 HARRISBURG, PA 17128-0601 '* FILE NUMBER 2.1 05 COUNTY CODE YEAR SOCIAL SECURITY NUMBER 0677 NUMBER DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL) Koch, Margaret J. DATE OF DEATH (MM-DD-YEAR) I- Z W C W U w c 172-01-0141 DATE OF BIRTH (MM-DD-YEAR) THIS RETURN MUST BE FILED IN DUPLICATE WITH THE 06-23-2005 03-04-1908 REGISTER OF WILLS SOCIAL SECURITY NUMBER (IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST AND MIDDLE INITIAL) 01 Original Return 0 2. Supplemental Return 0 3. Remainder Return (date of death prior to 12-13-82) w I- 04 0 0 ~~(/) Limited Estate 4a. Future Interest Compromise (date ot death after 5. Federal Estate Tax Return Required oll:~ 12-12-82) wo.o :rOO [!J 6. Decedent Died Testate (Attach 0 7. Decedent Maintained a Living Trust(Attach 0 8. Total Number of Safe Deposit Boxes 011:.... 0.01 copy of Will) copy of Trust) 0. c( 09. Litigation Proceeds Received 0 10 S:p-ousal Povert~ Credit (date of death between 0 11. Election to tax under Sec. 9113(A) (Attach Sch 0) . 1 -31-91 and 1-1- 5) ~ w c z o 0. (/) W II: II: 8 NAME Jennifer B. Hipp FIRM NAME (If applicable) Bogar and Hipp Law Offices TELEPHONE NUMBER 717-737-8761 COMPLETE MAILING ADDRESS 1 West Main Street Shiremanstown, PA 17011 1. Real Estate (Schedule A) (1 ) 154,500.00 OFFlqAL USE ONLY (2) None (3) None r"'.:1 (4) None c... ' . . (5) 4,404.00 (6) 7,007.54 (7) 9,349.42 ',-~',:"'; (8) 175,260.96 (9) 37,278.74 (10) 5,778.35 2. Stocks and Bonds (Schedule B) 3. Closely Held Corporation, Partnership or Sole-Proprietorship 4. Mortgages & Notes Receivable (Schedule D) 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) o Separate Billing Requested 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (Schedule G or L) 0 Separate Billing Requested 8. Total Gross Assets (total Lines 1-7) 9. Funeral Expenses & Administrative Costs (Schedule H) z o i= <( ...I ::::l l- e:: <( u w a: 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) 11. Total Deductions (total Lines 9 & 10) (11 ) 43,057.09 132,203.87 0.00 12. Net Value of Estate (Line 8 minus Line 11) (12) 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been made (Schedule J) 14. Net Value Subject to Tax (Line 12 minus Line 13) (13) (14) 132,203.87 SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, 0.00 x .00 (15) z or transfers under Sec. 9116(a)(1.2) 0 i= 16. Amount of Line 14 taxable at lineal rate 132,203.87 x .045 (16) <( I- ::::l D.. 17. Amount of Line 14 taxable at sibling rate 0.00 x .12 (17) ::!: 0 U 18. Amount of Line 14 taxable at collateral rate 0.00 .15 (18) >< x <( I- 19. Tax Due (19) 0.00 5,949.17 0.00 0.00 5,949.17 Copyright 2002 form software only The Lackner Group, Inc. Form REV-1500 EX (Rev. 6-00: RK. Decedent's Complete Address: STREET ADDRESS 106 South Stoner Avenue CITY Shiremanstown I STATE PA /ZIP 17011 Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments C. Discount (1) 5,949.17 5,961.44 297.46 3. Interest/Penalty if applicable D. Interest E. Penalty Total Credits (A + B + C) (2) 6,258.90 TotallnterestlPenalty (D .... E) (3) 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Check box on Page 1 Line 20 to request a refund 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. A. Enter the interest on the tax due. B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (4) 309.73 (5) (5A) (58) 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;................................................................................ 0 ~ b. retain the right to designate who shall use the property transferred or its income;................................... 0 ~ c. retain a reversionary interest; or............................................................................................................... 0 ~ d. receive the promise for life of either payments, benefits or care? ............................................................. 0 ~ 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? .................................................................................................................... ~ 0 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. 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 representative is based on all information of which preparer has any knowledge. ADDRESS DATE 103 Quark Court Kill Devil Hills, NC 27948 iI14/" DATE ADDRESS ADDRESS 1- / Lf ~(1b DATE For dates of death on or after July 1, 1994 and before January 1, 1 surviving spouse is 3% [72 P.S. 99116 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate impos' [72 P.S. 99116 (a) (1.1) (ii)]. The statute does not exemot a trans of assets and filing a tax return are still applicable even if the sur\! For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a decea~ natural parent, an adoptive parent, or a stepparent of the child is The tax rate imposed on the net value of transfers to or for the u 991161.2)[72P.S.99116(a)(1)]. The tax rate imposed on the net value of transfers to or for the I..~_ _ defined under Section 9102, as an individual who has at least one parent in commUII v..... _. 1 West Main Street $,/ ---~tt'\wn PA ~\:,~ \> ~ . ~ - ~ ~ \J 17011 e net value of transfers to or for the use of the ~\( ~\2S to or for the use of the surviving spouse is 0% 3.X, and the statutory requirements for disclosure ;iary. )e or younger at death to or for the use of a ,ficiaries is 4.5%, except as noted in 72 P.S. , 12% [72 P.S. 99116 (a) (1.3)]. A sibling is jecedent, whether by blood or adoption. Rev-1502 EX+ (6-98) SCHEDULE A REAL ESTATE COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Koch, Margaret J. FILE NUMBER 21-05-0677 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 which Is jointly-owned with right of survivorship must be disclosed on schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1 Real Estate - - All that certain piece or parcel of real estate having erected thereon a 154.500.00 dwelling house being known and numbered as 106 South Stoner Avenue, Shiremanstown, Pennsylvania. The property was acquired by David H. Bryan and Margaret J. Bryan, husband and wife, by deed dated January 3, 1950 and recorded January 13, 1950 in the Cumberland County Recorder of Deeds Office, a copy of said Deed being attached hereto and incorporated herein. The said David H. Bryan died March 7, 1960, whereupon full and complete title became vested solely in Margaret J. Bryan, surviving spouse. The said Margaret J. Bryan, is also known as Margaret J. Koch, the Decedent herein. The above-described real estate was sold pursuant to an Agreement for the Sale of Real Estate dated June 22, 2005, a copy of which is attached hereto and incorporated herein. Final settlement took place on August 31, 2005. A copy of the Deed conveying said real estate, along with a copy of the Settlement Statement, are attached hereto and incorporated herein. The sale price of the real estate was $154,500.00. TOTAL (Also enter on Line 1, Recapitulation) 154.500.00 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule A (Rev. 6-98) FEE.SIMPLE DEED-Typewriter Clarion Press, Harrisburg, Pa. ml1ia 3Ju~cuturr, j$labe tfJe .____.__. 3rd ---.--....Jay of._.......... . . January .--..-." -, in the year of 0lIl' Lord On. Thousand Nine Hundred mul Fifty (1950) ~dtuttn DA.VID H. BRIA.N. married man. of the Borough of Shiremanstown, County of Cumberland and state of Pennsylvania, Grantor, hereinafter called the party of the first part, A ~. 'D - DAVID H. BRIAN and ~ARET J. BRYAN.. his wife. of the Borough of Shiremanstown, count.1and state aforesaid, Grantees, hereinaftex: called the parties --- . ~ ..---,~_.._..---"--'--- -'- ~.."......_oJ""------ ,.................,..,.-. ",...... -.' ~...... - of the second part, _itllt.55ttb, That the said part y of the first part, for and in consideration of the sum of One ($1.00) Dollar, and natural love and aUectton :Dilibot, lmvftil nl~ney of the United States of America, well and truly paid by the said parties of the second part to the said part y of the first part, at alld before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, enfeoffI'd, released, conveyed, und confirmed and by these presents do es grant, bargain, sell, alien, enfeoff, release, convey, and confirm unto the said par~ies of the second part -. their. ..---- heir.. and assigns, ~U that certain lot or piece of land 8i tuate in the Borough of ShiremanstOll1l, County of Cumberland and state of Pennsylvania. bounded and described as follOWS, to wit: ..13EGINNING at a point on the western line of stoner Avenue at the northern line of a proposed street to be known as Walnut street; thence west- wardlyalong the northern line of Walnut street one hundred forty-nine and sevenw-seven hundredths (149.77) feet to a point,; thence northwardly parallel wi th the western line of stoner Avenue seventy (70) feet to a point; thence east- wardly pavallel with the northern line of the proposed street to be known as Walnut street one hundred forw-nine and seventy-seven hundredths (149.77) feet to a point. the western line of' stoner Avenue; thence southwardly along the . western line of stoner Avenue seventy (70) feet to -a point, the place of beginning. Together with the right ?f ingress ani egress to said land hereby conveyed on that portion of Walnut street beginning at the eastern line of Stoner Avenue and extending westwardly to a point one hundred forty-nine and seventy-- seven hundredths (149.77) feet from the western line of Stoner Avenue. BEING the same prem\.ses which Clarence G. stoner ani Blanche V. Stoner, his wife. by- their deed dated June 2. 1949. granted and conveyed unto David H. Bryan. Grantor herein. which deed was recorded June 3, 1949. in the office of the Recorder of Deeds in and for Cumberland County in Deed Book "D" , Volume 14 . Page 427. (over) . This deed is executed under and pursuant to the Act of Assembly No. 474 P L 984 enaoted into law on lIaY' 13, 1927 and all of the amendments theretO of which the Act of Assembly No. 161 P L 353 enacted. into law May 31, 1947 is the latest thereto. / / ! / / / / I / // I , , ,/ I / / .. , .I ,/ / , f I / I / / /' / I I / / / COMMONWEALTH OF PENNSYLVANIA } ss: COUNTY OF .... P.A.l,lfll.J;yt.. . .......... ........ On this, the .... .3+9.. . . .. dtzJ of .............. .o1~~<H7. . . . . . . . . . . . . . . . . . . ., 19~9. ., before - . . . . . . . . . . . . . . . . . . . . . . . . NQta.r;y: ..t'ubllc. . . . . ',' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .., the ,,,,IknigJNd. on-leer, reNonal1y appeared. .. .. . .rl~Y;IR .I;I!. .~I!-r~~,. .D)l!.~;r.i:E!c;l.~. . .............. ................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . .; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., knllwn to me (or satisfactorily proven) to be the person...... ....hose _ ... ~l'......... subscribed to tlN with... iKstnlment, msd acknowledged that . . . . . . he ... . .. executed the same for the purposs therein COIItlriMJ. Tn WITNESS WHEREOF, 1 hereunto set my ha~~ ~~.~ ~~L. . If. . ;"~(;,;:\, /~..;,,!!'... . . . . r1., fi~.9 y ri..: ,j. . ',,: My commi5sion expires: ........... \!'i.fi'l'''", "';,\'. h~i< ".~J'(i'. H: ~?'JJ .I Ilereby certify that the Precise Residence of the Grantee, in ths within Deed, is . . . . . . . . . . . . . . . . . . . . . . . 106 Stoner Avenue ' ................................................ .....J........................................... ... ~M~~~~~~,. r.~~~:................:... ....................... .,........................ -;;(; <J /.~j ).~, ...<.~:_---.. ,; . . . . . . . . . . . . . t:(~ . . ~)~y~ . . . . . . . . . . . . . . . . . . . . . . . (/ Attorney for Grantee. " Ii I ~ +'! ~ ~ 1=:' ~ 6: ~ '1 .d t). ~ .,;. -0 g -0: ~d<"-'l' <b 1Il ..... ~~ 0 ~ ~ J:l /~:<)~C;"~~"i:~'.:~.....l : ~ 10 0: ~ k ....... 1(\. .8: g ~ 0'0' ~ ~'/'! ~ ; I~)ll ~ ~.p ., ~: 0 rl: orl; ~~ .. ~ ~ .p "i Q); rl: t" ~.. "-] ~.'l m ~\ t'i: ~ f";i : : l-; ~ ~.p ..;' 1"'1: ..,. '-: ~ ~ [ ~~ 'f (I): - \ . .. - -. I. t _: : ~_~...,.~l ., l ~ lIl' s: .:;:>. ..' I <.0 .n'\>> I.i 'if 'r!: 08: . lI). \~~\. f:. ~-~f} :'1 :x: lI)' ~: +>: m~ 1'1 \ I....V . !,Qi~/ ~ ~: u. ,,-t, .g ~:--r"~ ~ ",. ~ Ii 1 l..~l,Ji,:i 0'. ~: e: 11 f-<. ~: 1 ~ il ...' d.., . rl A. &l ~ ----...-:,.' " :E: ~ 1l ..-- .. ~ Ill. LJ 8 0 : : 0 rJ). 0..' a:: COMMONWBALTH OF PBNNSYLVANIA } 55: . . . . . . . . CUMmlRLAND. . . . . . . . . . .. COUNTI, l\ccorbcb In the Office for Recording of Deeds, Mortgages, etc., in and for the County liE II , 14 J:; ~ 6 of .. . , . .CUII1oQrland.. .. .. .. in Deed Book.. .. .... vol. .... ....... Page. 0.. .. .. .. .. 'il1mlitnc55 My Hand and Seal of Office this... .. , . , . .. .. ..13.1H .. .. .. , .. .. , , .. .. .. day of ....,...."...-1 ~l)A~..............,..... Anno Domini 1950 () -2 . /' .. '-;'h /~~-;;? '. jC-'f/",.;'jf...fXglo(j rio';f./-tr.: / ; / / I i / ~ogetber with all alld singular, the tenements, hereditaments and appurtenances to the same belong- ing or in anywise appertaining, and the reversion and reversions, remainder and remainders, ren.ts, issues alld pro~ts thereof; ~lIb al~o all the estate, right, titJr., interest, property, claim and demand whatsoever, both in law and eqllity, of the said part y of the {lrst part, of, in, to or Ollt of the said premises, and el'ery' paTt """ """, 'h'~f---- _~=____=~-==:==- -"'-'~- ---.----- . -atO ~nbe nub to 1!}olb the said premises, with all and singular the appurtenances, unto the said part ies of the second part their heirs and assigns, to and for the only proper use and behoof of the said parties of the second part, their heirs and assigns forever. ~ttb THE SAID party of the first part, for himself', his ., ~ .-....-.........--..--.:--....-.-...-. ....~- ....'~. .' .......--.-......----..... -~,....., ....~ -" "'d....~-..... ~......,-_........... -",,--- heirs;'~ecutors and administrators, do es smd part lea of the second part their he the said party of the first part, his ~..,'" ," by these presents, covenant, grarlt and agree to and with tlu heirs and assigns, thai .-..---..------- ...~..-- ...._~..~..H'-....~.. ~.~ . -....'. -....................--- heirs all cilld singular the hereditaments and premises hereinabove described and gramed or mentioned, and in- tended so to be, with the appurtenances, unto the said part iea of the second part, their heirs Ilnd assigns, against the said part l' of the ~rst part and hi S heirs and against all and every other person or persons whomsoever, lawfully claiming or to claim the same or any part thereof, shall and will, by ";Ies.: presents, WARRANT AND FOREVER DEFEND . hereunto set 3Ju WittttssWbtteof hi S hand the said part y and seal of the ~rst part ha s the day and year ~rst abov..e written. qL~.d~~M.<-- ............................t/.......:/:~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~: . . . . . . . . . . . . . . . . (SEAL) Signed. Sealed and Deliv~red in the Presence of .k.;f....~........... .... ......................................... . (SEAL) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (SEAL) r qq..... qqq .qq.. q q q q.q q. .qqqq(SML; I J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (SEAL) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (SEAL) . . : . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (SEAL) ... .. ....................................... . (SEAL) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (SEAL) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (SEAL) 1401 .. 3IMl5 15857 BUSINESS SERVICES FOR REAL ESTATE (800) 555-3390 STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE This fonn recommended and approved for, but not restricted (0 use by, the members of the Pennsylvania Association ofREALTORSi!I (PAR). A1S-2K o AGENT FOR BUYER o TRANSACTION LICENSEE BUYER'S BUSINESS RELATIONSHIP WITH PA LICENSED BROKER PHONE FAX BROKER (Company) ADDRESS BROKER IS THE AGENT FOR BUYER. Designated Agent(s) for Buyer, if applicable: OR Broker is NOT the Agent for Buyer and is alan: 0 AGENT FOR SELLER 0 SUBAGENT FOR SELLER o TRANSACTION LICENSEE When the same Broker is Agent for Seller and Agent for Buyer, Broker is a Dual Agent. 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 Seller and Buyer, the Licensee is a Dual Agent. 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 31 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 1. m;bi~ ~greement, dated SELLER(S): M^IJ-'.1'f-IL~i. ,,~ \ Leo cz.,^ / -lJor.J ~ ~\ I , is between \r>. o. A-. '" , called "Seller," and tn. DA/LIL- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 DA-fL.-A... " PA-M.~ LI'r- Dbl ~J'~ A BUYER(S): , called "Buyer." 2. PROPERTY (1-98) Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: ALL THAT CERTAIN lot or iece of round with buildings and improvements thereon erected, if any, known as: tV g ~MD. II~[I jt I.SLf , r;;DO U.S. Dollars which will be paid to Seller by Buyer as follows: L Cash or check at Signin~iS Agreement: 2. Cash or check within days of ~ution of this Agreement: 3. ~ . L+1:"1.-P ., 4. Cash, cashier's or certified check at time of settlement: . $ $ $ $ TOTAL $ (B) Deposits paid on account of purchase price to be held by Broker for Seller, unless otherwise stated here: )-;~:a'> "I ROO {c..t:'r'J S'bO (C) (D) (E) Seller's written approval to be on or before: . Settlement to be on A-t.l ~ .3 I ~-r . Conveyance from Seller will be by fee simple deed of special warranty unless otherwise stated here: (F) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here: (G) At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing where applicable: taxes (see Information Regarding Tax Proration); rents; interest on mortgage assumptions; condominium fees and homeowner association fees, if any; water and/or sewer fees, if any, together with any other lienable municipal service. The charges are to be pro-rated for the period(s) covered: Seller will pay up to and including the date of settlement; Buyer will pay for all days following settlement, unless otherwise stated here: 4. FIXTURES & PERSONAL PROPERTY (1-00) (A) INCLUDED in this sale and purchase price are all existing items permanently installed in the Property, free of liens, including plumbing;' heating; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers and transmitters; television antennas; shrubbery, plantings and unpotted trees; any remaining heating and cooking fuels stored on the Property at the time of settlement; wall to wall carpeting; window covering hardware, shades and blinds; built-in air conditione -m appliances; and the range/oven unless otherwis stated. Also included: LL M I' 1..1 ~ t2..e IV.() C. (B) LEASED items (not owned by Seller): 44 4~ 46 47 48 49 50 51 52 53 54 55 56 57 58 (C) EXCLUDED fixtures and items: S. DATESrrIME IS OF THE ESSENCE (1-02) The said date for settlement and all other dates and limes referred to for the performance of any of the obligations of this Agreement are agreed to be of the essence of this Agreement and are binding. For the purposes of this Agreement, number of days will be counted from the date of execution, by excluding the day this Agreement was executed and including the last day of the time period. The date of settlement is not extended by any other provision of this Agreement and may only be extended by mutual written agreement of the parties. Certain time periods are pre-printed in this Agreement as a convenience to the Buyer and Seller. Any pre-printed time periods are negotiable and may be changed by striking out the pre-printed text and inserting a different time period acceptable to all Parti~ '" . ~~~"'- . ,- --- - - -- -.. _.. r . \ l...W (A) (B) (C) (D) 1401 .. 318105 BUSINESS SERVICES FOR REAL ESTATE (800) 555-3390 60 61 62 63 64 65 66 67 68 69 70 71 72 6. MORTGAGE CONTINGENCY (1-02) o WAIVED. This sale is NOT contingent on mortgage fmancing. k ELECTED {A) This sale is contingent upon Buyer obt~lj mo~e fmancing as follows: 1. Amountofmortgage~6 ~Sl 2. Minimum Term ~.,:)C years 3. Type of mortgage ~C.O M\.I~JJ"fIOt-},,\-L- 4. Interest rate ~ %; howev~r. Buyer agrees to accept the interest rate as may be committed by the mortgage lender, not to exceed a maximum interest rate of \q 'roo 5. Discount points. loan origination, lo~n placement and other fees cbarged by the lender as a percentage of the mortgage loan (excluding any mortgage insurance premiums or VA funding fee) not to exceed _')'0 (0% if not specified) of the mortgage loan. The interest rate and fees provisions required by Buyer are satisfied if a mortgage lender makes available to Buyer the right to guarantee an interest rate at or below the Maximum Interest Rate specified herein with the percentage fees at or below the amount specified herein. Buyer gives Seller the right, at Seller's sole option and as permitted by the mortgage lender and applicable laws, to contribute financially, without promise of reimbursement, to the Buyer and/or the mortgage lender to make the above terms available to Buyer. (B) Within ~ DAYS (10 days if not specified) of the execution of this Agreement, Buyer will make a completed, written mortgage application for the mortgage terms specified ahove to a responsible mortgage lender. Tbe Broker for Buyer, if any, otherwise the Broker for Seller, is authorized to communicate with the mortgage Ieuder for the p~oses of assisting in the mortgage loan process. (C) 1. Mortgage commitment date -\1..1 ~ I '"r 2..CIU"\ If a written commitment is not received by Seller by the above date, Buyer and Seller agree to extend the mortgag commitment date until Seller termlllates thIS Agreement III wnting by notIce to Buyer. 2. Upon receipt of a mortgage commitment, Buyer will promptly deliver a copy of the commitment to Seller. 3. Seller has the option to terminate this Agreement in writing, after the mortgage commitment date if the mortgage commitment: a. Is not valid until the date of settlement, OR b. Is conditioned upon the sale and settlement of any other property, OR c. Contains any other condition not specified in this Agreement that is not satisfied andlor removed in writing by the mortgage lender within ~ DAYS after the mortgage commitment date in paragraph 6 (C) (1). 4. If this Agreement is terminated as specified in paragraphs 6 (C) (1) or (3), or the mortgage loan is not obtained for settlement, all deposit monies paid on account of purchase price will be returned to Buyer. Buyer will be responsible for any premiums for mechanics' lien insurance and/or title search, or fee for cancellation of same, if any; AND/OR any premiums for flood insurance, mine subsidence insurance and/or fire insur- ance with extended coverage, or cancellation fee, if any; AND/OR any appraisal fees and charges paid in advance to tlle mortgage lender. (D) If the mortgage lender requires repairs to the Property, Buyer will, upon receipt, deliver a copy of the mOltgage lender's requirements to Seller. Seller will, within ~ DAYS of receipt of the mortgage lender's requirements, notify Buyer whether Seller will make the required repairs at Seller's expense. I. If Seller chooses to make the required repairs, Buyer will accept the Property and agree to the RELEASE set forth in paragraph 25 of this Agreement. 2. If Seller chooses not to make the required repairs, or if Seller fails to respond within the time given, Buyer will, within ~ DAYS, notify Seller in writing of Buyer's choice to terminate this Agreement OR make the required repairs at Buyer's expense and with Seller's permission, which will not be unreasonably withheld. If Seller denies Buyer permission to make the required repairs, Buyer may, within ~ DAYS of Seller's denial, terminate this Agreement, in which case all deposit monies paid on account of purchase price ",ill be returned promptly to Buyer and this Agreement will be VOID. (E) Seller Assist o NOT APPLICABLE ~ APPLICA E. Seller will pay: o $ &00.., maximum, toward Buyer's costs as permitted by the mortgage lender. o 91 92 9:J 94 95 96 97 96 99 106 101 102 103 104 73 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 7'- 7q 80 81 82 D3 84 65 06 67 OS 39 30 91 n 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 HI 112 113 114 115 116 117 116 119 120 121 122 123 124 125 126 127 126 129 7'1 75 76 77 7S 79 30 61 82 83 84 85 86 87 SD 89 so FHAlVA, IF APPLICABLE (F) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless Buyer has been given, in accor- dance with HUDIFHA or VA requirements, a written statement by the Federal Housing Commissioner, Veterans Administration, or a Direct Endorsement Lender setting forth the appraised value of the Property of not less than $ (the dollar amount to be inserted is the sales price as stated in this Agreement). Buyer will have the privilege and option of proceeding with consummation of the con- tract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the Property. Buyer should satisfy himselflberself that the price and condition of the Property are acceptable. Warning: Section 1010 of Title 18, U.S.c., Department of Housing and Urban Development and Federal Housing Administration Transactions, provides, ''Whoever for the purpose of . . . influencing in any way the action of such Department, makes, passes, utters or pub- lishes any statement, knowing the same to be false. . . shall be fined under this title or imprisoned not more than two years, or both." (G) U.S. Department of Housing and Urban Development (HUD) NOTICE TO PURCHASERS: Buyer s Acknowledgement o Buyer has received the HUD Notice "For Your Protection: Get a Home Inspection" (see Notices and Information on Property Condition Inspections). Buyer understands the importance of getting an independent home inspection and has thought about this before signing this Agreement. Buyer understands that FHA will not perform a home inspection nor guarantee the price or condition of the Property. Buyer s I~itiaIs Date (H) Certification We the undersigned, Seller(s) and Buyer(s) party to this transaction each cerrify that the terms of this contract for purchase are true to the best of our knowledge and belief, and that any other agreement entered into by any of these parties in connection with this transac- tion is attached to this Agreement. 7. INSPECTIONS (1-02) (A) Seller agrees to permit inspections by authorized appraisers, reputable certifiers, insurer's representatives, surveyors, municipal officials and/or Buyer as may be required by the mortgage lender, if any, or insuring agencies. Seller further agrees to permit any other inspections required by or provided for in the terms of this Agreement. Buyer has the right to attend all inspections. (B) Buyer reserves the right to make a pre-settlement walk-through inspection of the Property. Buyer's right to make this inspection is not waived by any other provision of this Agreement. (C) Seller will have heating and all utilities (including fuel(s)) on for the inspections. (D) All inspectors, including home inspectors, are authorized by Buyer to provide a copy of any reports to Broker for Buyer. 8. PROPERTY INSPECTION CONTINGENCY (7-04) Other provisions of this Agreement may provide for inspections and/or certifications that are not waived or altered by Buyer's election here. o WAIVED. Buyer understands that Buyer has the option to request inspections of the Property (see Property Inspection Notices and ~~nvironmental Notices). BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement. ~ ELECTED -- (A) Within ~ DAYS (15 days if not specified) of th~ execution of this Agreement, Buyer, at Buyer's expense, may choose to have inspec- tions and/or certifications completed by licensed or otherwise qualified professionals (see Property Inspection Notices and Environmental Notices). This contingency does not apply to the following existing conditions and/or items: 105 106 107 108 109 110 111 112 113 114 115 116 t17 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 t41 142 143 t30 131 132 133 134 135 136 137 138 139 140 141 142 143 (B) Should Buyer elect to have a home inspection of the Property, as defined in the Pennsylvania Home Inspection Law, (see Information Regarding the Home Inspection Law) such home inspection shall be performed bv a full member in good standing of a national home insoection associ- 14111 .. i~ BUSINESS SERVICES FOR REAL ESTATE (800) 555-3390 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 187 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 (,9 }f Buyer is not satisfied with the condition of the Property as stated in any written report, Buyer will: .,PI( Option 1. Within tbe time given for completing inspections: 1. Accept the Property with the information stated in the report(s) and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 2. Tenninate this Agreement in writing by notice to 'Seller, in which case all deposit monies paid on account of purchase price will be retuI'n:ed promptly to Buyer and this Agreement will be VOID, OR 3. Enter into a mutually acceptable written agreement with Seller providing for any repairs or improvements to the Property and/or any credit to Buyer at settlement, as may be acceptable to the mortgage lender, if any. Should efforts to reach a mutually acceptable agreement fail, Buyer must choose to accept the Property or terminate this Agreement within the time given for completing inspections and according to the provisions in paragraph 8(C) (Option I) I and 2. o Option 2. Within the time given for completing inspections: I. . Accept the Property with the information stated in the report(s) and agree to the RELEASE set forth in paragraph 25 of this Agreement, UNLESS the total cost to correct the conditions contained in the report(s) is more than $ 2. If the total cost to correct the conditions contained in the report(s) EXCEEDS the amount specified in paragraph 8(C) (Option 2) I, Buyer will deliver the report(s) to Seller within the time given for inspection. a. Seller will, within ~ DAYS of receiving the report(s), inform Buyer in writing of Seller's choice to: (1) Make repairs before settlement so that the remaining cost to repair conditions contained in the report(s) is less than or equal to the amount specified in paragraph 8 (C) (Option 2) 1. (2) Credit Buyer at settlement for the difference between the estimated cost of repairing the conditions contained in the report(s) and the amount specified in paragraph 8 (C) (Option 2) I. This option must be acceptable to the mortgage lender, if any. (3) Not make repairs and not credit Buyer at settlement for any costs to repair conditions contained in the report(s). b. If Seller chooses to make repairs or credit Buyer at settlement as specified in paragraph 8 (C) (Option 2) 2, Buyer will accept the Property and agree to the RELEASE set forth in paragraph 25 of this Agreement. c. If Seller chooses not to make repairs and not to credit Buyer at settlement, or if Seller fails to choose any option within the time given, Buyer will, within ~ DAYS: (1) Accept the Property with the information stated in the report(s) and agree to the RELEASE set forth in paragraph 25 of this Agreemen~ OR (2) Terminate this Agreement in writing by notice to Seller, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer and this Agreement will be VOID. 9. WOOD INFESTATION INSPECTION CONTINGENCY (1-02) o WAIVED. Buyer understands that Buyer has the option to request that the Property be inspected for wood infestation by a certified Pest Control Operator. BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement. .'Ji;I(ELECTED "..- '(A) Within ~ DAYS (15 days if not specified) of the execution of this Agreement, Buyer, at Buyer's expense, will obtain a written "Wood- Destroying Insect Infestation Inspection Report" from a certified Pest Control Operator and will deliver it and all supporting documents and drawings provided by the Pest Control Operator to Seller. The report is to be made satisfactory to and in compliance with applicable laws, mort- gage lenders, and/or Federal Insuring and Guaranteeing Agency requirements, if any. The inspection will include all readily visible and accessible areas of all structures on the Property except the following structures, which will not be inspected: (B) If the inspection reveals evidence of active infestation(s), Seller agrees, at Seller's expense and before settlement, to treat for active infesta- tion(s), in accordance with applicable laws. (C) If the inspection reveals damage from active infestation(s) or previous infestation(s), Buyer, at Buyer's expense, has the option to obtain a writ- ten report by a professional contractor, home inspection service, or structural engineer that is limited to structural damage to the Property caused by wood-destroying organisms and a proposal to repair the damage. Buyer will deliver the structural damage report and corrective proposal to Seller within ~ DAYS of delivering the original inspection report. (D) Within ~ DAYS of receiving the structural damage report and corrective proposal, Seller will advise Buyer whether Seller will repair, at Seller's expense and before settlement, any structural damage from active or previous infestation(s). (E) If Seller chooses to repair structural damage revealed by the report, Buyer agrees to accept the Property as repaired and agrees to the RELEASE set forth in paragraph 25 of this Agreement. (F) If Seller chooses not to repair structural damage revealed by the report or fails to respond within the time given, Buyer, within ~ DAYS, will notiry Seller in writing of Buyer's choice to: I. Accept the Property with the defects revealed by the inspection, without abatement of price, and agree to the RELEASE set forth in para- graph 25 of tltis Agreement, OR 2. Make the repairs before settlement, if required by the mortgage lender, if any, at Buyer's expense and with Seller's permission, which will not be unreasonably withheld, in which case Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement. If Seller denies Buyer permission to make the repairs, Buyer may, within ~ DAYS of Seller's denial, terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer and this Agreelnent will be VOID, OR 3. Terminaie this Agreemen~ in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer and this Agreement will be VOID. 10. RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT NOTICE REQUIRED FOR PROPERTIES BUILT BEFORE 1978 (1-02) o NOT APPLICABLE ~PLlCABLE (A) Seller represents that Seller has no knowledge concerning the presence of lead-based paint and/or lead-based paint hazards in or about the Property. unless checked below. o Seller has knowledge of the presence of lead-based paint andlor lead-based paint hazards in or about the Property: (P,rovide the basis for determining that lead-based paint and/or hazards exist, the location(s), the condition of the painted surfaces, and other available informa- tion concerning Seller's knowledge of the presence of lead-based paint and/or lead-based paint hazards.) 147 140 149 150 151 152 153 154 155 156 157 158 159 160 161 162 183 1M 165 166 187 168 169 170 171 172 173 174 175 176 '177 178 179 160 181 182 183 184 185 106 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 '11 (B) Records/Reports: Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in or about the Property, unless checked below. o Seller has provided Buyer with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in or about the Property. (List documents) (C) Buyer's Acknowledgement: Buyer has received the pamphlet Protect Your Family from Lead in Your Home and has read the Lead Warning Statement contained in this Agreement (see Environmental Notices). Buyer has reviewed Seller's disclosure of known lead-based paint and/or .~ lead-based paint hazards, as identified in paragraph IO(A) and has received the records and reports pertaining to lead-based paint and/or lead- 7" based paint haz . . led in parag IO(B) Buyer's Initials Date (..., -,;l.d.- O~ (D) RISK ASSESSMENTIINSPECTION: er acknowledges that before Buyer is obligated to buy a residential dwelling built before 1978, Buyer has ---1Q...... DAYS to conduct a risk assessment or inspection of the Property for the presence of lead-based paint and/or lead-based paint hazards. o WAIVED. Buyer understands that Buyer has the right to conduct a risk assessment or inspection of the Property to determine the presence of lead-based paint and/or lead-based paint hazards. BUYER WAIVES THIS RIGHT and agrees to the RELEASE set forth in paragraph 25 of this Agreement. o ELECfED 259 260 261 262 263 264 255 266 267 268 269 270 271 272 273 274 276 276 2n 278 279 280 281 282 283 284 285 2B6 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 ~15 318 317 318 319 1401 3/8/05 ~ BUSINESS SERVICES FOR REAL ESTATE (800) 555-3390 235 2. Within the time set forth above for obtaining the ri5k assessment and/or inspection of the Property for lead.based paint and/or 235 236 lead.based paint hazards, Buyer may deliver to SeUer a written list of the specific hazardous conditions cited in the report and those 236 237 corrections requested by Buyer, along with a copy of the risk assessment and/or inspection report. 237 238 3. Seller may, within ~ DAYS of receiving the list and report(s), submit a written corrective proposal to Buyer. The cnrrective proposal 238 239 will include, but not be limited to, the name of the remediation company and a projected completion date for corrective measures. Seller 239 240 will provide certification from a risk assessnr or inspector that corrective measures have been satisfactorily completed on Or before the 240 241 projected completion date. 241 242 4. Upon receiving the corrective proposal, Buyer, within ~ DAYS, will: 242 243 a. Accept the corrective proposal and the Property in writing, and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 243 244 b. Terminate this Agreement in writing, in which case all deposit monies paid on accnunt of purchase price will be returned promptly 24' 245 to Buyer and this Agreement will be VOID. 245 246 5. Should Seller fail to submit a written corrective proposal within the time set forth in paragraph IO(D)3 of this Agreement, Buyer, 246 247 within ~ DAYS, will: 247 248 a. Accept the Property in writing, and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 248 24~ b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly 249 250 to Buyer and this Agreement will be VOID. 250 251 6. Buyer's failure to exerci5e any of Buyer's options within the time limits 5pecified in this paragraph will constitute a WAIVER of 251 252 this contingency and Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 2S of this Agreement. 252 ?5J (E) Certification: By signing this Agreement, Buyer and Seller certify the accuracy of their respective statements, to the best of their knowledge. 253 254 11, STATUS OF RADON (1-02) 254 255 (A) Seller represents that Seller has no knowledge concerning the presence or absence of radon unless checked below. 255 25S ~l. Seller has knowledge that the Property was tested on the dates, by the methods (e.g., charcoal canister, alpha track, etc.), and with 256 257 the results of all tests indicated below: 1.57 25B DATE TYPE OF TEST RESULTS (picocuries/liter or working levels) 25B 259 COPIES OF ALL AVAILABLE TEST REPORTS will be delivered to Buyer with this Agreement. SELLER DOES NOT WAR. RANT EITHER THE METHODS OR RESULTS OF THE TESTS. D 2. Seller has knowledge that the Property underwent radon reduction measures on the daters) and by the method(s) indicated below: DATE RADON REDUCTION METHOD 260 261 262 ~63 264 265 266 167 258 269 270 1.71 272 273 27-1 275 276 2n 270 279 280 281 282 283 284 285 286 287 280 289 290 291 292 293 294 295 296 297 298 299 300 301 301. 303 304 305 30G 307 308 309 310 311 312 313 314 315 313 317 318 319 (B) RADON INSPECTION CONTINGENCY D WAIVED. Buyer understands that Buyer has the option to request that the Property be inspected for radon by a certified inspector (see Environ. mental Notices: Radon). BUYER WAIVES TillS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement. ~ECTED. Buyer, at Buyer's eXp';ns~ the option to obtain, from a certified inspector, a radon test of the Property, and will deliver a copy "'\ of the test report to Seller within -+--=:>- DAYS (15 days if not specified) of the execution of this Agreement. (See Environmental Notices: Radon) I. If the test repOlt reveals the presence of radon below 0.02 working levels (4 picocuries/liter), Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement. 2. If the test report reveals the presence of radon at or exceeding 0.02 working levels (4 picocurieslliter), Buyer will, within ~ DAYS of receipt of the test results: ~ Option 1 ~ a. Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR b. Tenninate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer and this Agreement will be VOID, OR c. Submit a written, corrective proposal to Seller. The corrective proposal will include, but not be limited to, the name of the certified miti- gatio~ company; provisions for payment, including retests; and a projected completion date for corrective measures. (I) Within ~ DAYS of receiving the corrective proposal, Seller will: (a) Agree to the terms of the corrective proposal in writing, in which case Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR (b) Not agree to the terms of the corrective proposal. (2) Should Seller not agree to the terms of the corrective proposal Or if Seller fails to respond within the time given, Buyer will, within ----2- DAYS, elect to: (a) Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR (b) Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer and this Agreement will be VOID. D Option 2 a. Accept the Propelty in writing and agree to the RELEASE set forth in paragraph 25 of tllis Agreement, OR b. Submit a written, corrective proposal to Seller. The corrective proposal will include, but not be limited to, the name of the certified miti- gation company; provisions for payment, including retests; and a projected completion date for corrective measures. Seller will pay a max- imum of $ toward the total cost of remediation and retests, which will be completed by settlement. (I) If the total cost of remediation and retests EXCEEDS the amount specified in paragraph II(B) (Option 2) b, Seller will, within ~ DAYS of receipt of the cost of remediation, notify Buyer in writing of Seller's choice to: (a) Pay for the total cost of remediation and retests, in which case Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR (b) Contribute toward the total cost of remediation and retests only the amount specified in paragraph II(B) (Option 2) b, (2) If Seller chooses not to pay for the total cost of remediation and retests, Or if Seller fails to choose either option within the time given, Buyer will, within~ DAYS, notify Seller in writing of Buyer's choice to: (a) Pay the difference between Seller's contribution to remediation and retests and the actual cost thereof, in which case Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR (b) Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer and this Agreement will be VOID. 12, STATUS OF WATER (1-02) (A) Sell~r represents that the Property is served by: l!(' Public Water D On-site Water D Community Water o None D (B) WATER SERVICE INSPECTION CONTINGENCY ~ WAIVED. Buyer acknowledges that Buyer has the option to request an inspection of the water service for the Property. BUYER WAIVES TillS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement. D ELECTED I. Buyer has the option, within _ DAYS (15 days if not specified) of the execution of this Agreement and at81ivlr's exvense. to deliver 2. Seller agrees to locate and provide access to the on-site (or individual) water system, if applicable, at Seller's expense, if required by the 323 inspection company. Seller also agrees to restore the Property, at Seller's expense, prior to settlement. 324 3. If the report reveals that the water service does not meet the minimum standards of any applicable governmental authority andlor fails to 325 satisfy the requirements for quality andlor quantity set by the mortgage lender, if any, then Seller will, within--L DAYS of receipt of 325 the report, notify Buyer in writing of Seller's choice to: 327 a. Upgrade the water service to the minimum acceptable levels, before settlement, in which case Buyer accepts the Property and agrees 328 to the RELEASE set forth in paragraph 25 of this Agreement, OR 329 b. Not upgrade the water service. 330 4. If Seller chooses not to upgrade the service to minimum acceptable levels, or fails to respond within the time given, Buyer will, within 331 -L DAYS, either: 332 a. Accept the Property and the water service and, if required by the mortgage lender, if any, andlor any governmental authority, upgrade 33. the water service before settlement or within the time required by the mortgage lender, if any, andlor any governmental authority, at 334 Buyer's expense and with Seller's pe1mission, which will not be unreasonably withheld, and agree to the RELEASE set forth in para- 335 graph 25 of this Agreement. If Seller denies Buyer permission to upgrade the water service, Buyer may, within-L DAYS of 336 Seller's denial, tellTlinate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be 3:17 returned promptly to Buyer and this Agreement will be VOID, OR 338 b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly 339 to Buyer and this Agreement will be YOID. 340 13. STATUS OF SEWER (1-o2) 341 (A) Seller represents that the Property is served by: :J42 :R.. Public Sewer 343 o Individual On-lot Sewage Disposal System (See Sewage Notice I) 344 o Individual On-lot Sewage Disposal System in Proximity to Well (See Sewage Notice I; see Sewage Notice 4, if applicable) 345 o Community Sewage Disposal System 345 o Ten-acre Permit Exemption (See Sewage Notice 2) 347 o Holding Tank (See Sewage Notice 3) 348 o None (See Sewage Notice I) 349 o None AvailablelPermit Limitations in Effect (See Sewage Notice 5) 350 o ~ ~!,IfNDIVIDUAL ON-LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY 352 ~ WAIVED. Buyer acknowledges that Buyer has the option to request an individual on-lot sewage disposal inspection of the Property. BUYER 353 . WAIVES THIS OPTION and agrees to the RELEA~E set forth in paragraph 25 of this Agreement. . . 354 o ELECTED 355 1. Buyer has the option, within _ DAYS (15 days if not specified) of the execution of this Agreement and at Buyer's expense, to 356 deliver to Seller a written inspection report by a qualified, professional inspector of the individual on-lot sewage disposal system. 357 2. Seller, at Seller's expense, agrees, if and as required by the inspection company, to locate, provide access to and empty the individual on- 358 lot sewage disposal system. Seller also agrees to restore the Property, at Seller's expense, prior to settlement. 359 3. If the report reveals defects that do not require expansion or replacement of the existing sewage disposal system, Seller will, within 360 --L DAYS of receipt of the report, notify Buyer in writing of Seller's choice to: 361 a. Correct the defects before settlement, including retests, at Seller's expense, in which case Buyer accepts the Property and agrees to 362 the RELEASE set forth in paragraph 25 of this Agreement, OR 363 b. Not correct the defects. 364 4. If Seller chooses not to correct the defects, or if Seller fails to respond within the time given, Buyer will, within,--L DAYS, either: 365 a. Accept the Property and the system and, if required by the mortgage lender, if any, andlor any governmental authority, correct the 366 defects before settlement or within the time required by the mortgage lender, if any, andlor any governmental authority, at Buyer's 367 sole expense and with Seller's permission, which will not be unreasonably withheld, and agree to the RELEASE set forth in para- 368 graph 25 of this Agreement. If Seller denies Buyer permission to correct the defects, Buyer may, within -L DAYS of Seller's 369 denial. terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned 370 promptly to Buyer and this Agreement will be VOID, OR 371 b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned 372 promptly to Buyer and this Agreement will be YOID. 373 5. If the report reveals the need to expand or replace the existing individual on-lot sewage disposal system, Seller may, within ~ DAYS 374 of receipt of the report, submit a corrective proposal to Buyer. The corrective proposal will include, but not be limited to, the name of the 373 remediation company; provisions for payment, including retests; and a projected completion date for corrective measures. Within 376 -L DAYS of receiving Seller's corrective proposal, or if no corrective proposal is received within the time given, Buyer will: 3n a. Agree to the terms of the corrective proposal, if any, in writing, in which case Buyer accepts the Property and agrees to the RELEASE 378 set forth in paragraph 25 of this Agreement, OR 379 b. Accept the Property and the system and, if required by the mortgage lender, if any, andlor any governmental authority, correct the 380 defects before settlement or within the time required by the mortgage lender, if any, andlor any governmental authority, at Buyer's 381 sole expense and with Seller's permission, which will not be unreasonably withheld, and agree to the RELEASE set forth in para- 382 graph 25 of this Agreement. If Seller denies Buyer permission to correct the defects, Buyer may, within -L DAYS of Seller's 383 denial, terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned 384 promptly to Buyer and this Agreement will be YOID, OR 3115 c. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly 386 to Buyer and this Agreement will be VOID. 387 14. NOTiCES, ASSESSMENTS & CERTIFICATES OF OCCUPANCY (7-Q4) 383 (A) Seller represents, as of Seller's execution of this Agreement, that no public improvement, condominium or homeowner association assessments 389 have been made against the Property which remain unpaid, and that no notice by any government or public authority has been served upon 390 Seller or anyone on Seller's behalf, including notices relating to violations of zoning, housing, building, safety or fire ordinances which remain 391 uncorrected, and that Seller knows of no condition that would constitute violation of any such ordinances which remains uncorrected, unless 392 otherwise specified here: 393 394 (B) Seller knows of no other potential notices (including violations) and assessments except as follows: 395 396 (C) In the event any notices (including violations) and assessments are received after execution of this Agreement and before settlement, Seller will 397 notify Buyer in writing, within ----2- DAYS of receiving the notice or assessment, that Seller will: ass I. Comply with notices and assessments at Seller's expense, in which case Buyer accepts the Property and agrees to the RELEASE set forth 399 in paragraph 25 of this Agreement, OR 400 2. Not comply with notices and assessments at Seller's expense. 401 3. If Seller chooses not to comply with notices and,assessments, or fails within the time given to notify Buyer if Seller will comply, Buyer 402 will notify Seller within -L DAYS in writing that Buyer will either: 403 a. Comply with notices and assessments at Buyer's expense and agree to the RELEASE set forth in paragraph 25 of this Agreemenl, OR 404 b. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer 405 and this Agreement will be VOID. 406 If Buyer fails to notify Seller within the time given, Buyer accepts the Property and agrees to the RELEASE set forth in para- 407 14U1 158b7 BUSINESS SERVICES FOR REAL ESTATE (800) 555-3390 323 324 325 326 327 328 329 330 331 332 3a~ 334 335 336 337 338 a..19 :;140 341 3'12 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 3GlJ 359 3EO 361 362 363 384 365 3s6 367 368 369 370 371 372 373 374 375 376 3n 3i8 379 380 381 3U2 383 384 385 3U6 387 388 389 390 391 392 393 394 396 .396 397 398 399 400 401 402 403 404 405 40s 407 .. 1401 BUSINESS SERVICES FOR REAL ESTATE (800) 555.3390 M 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 (E) If required by law, within --1L DAYS of the execution of this Agreement Seller will order for delivery to Buyer, on or before settlement: L A certification from the appropriate municipal department or departments disclosing notice ofany uncorrected violations of zoning, hous- ing, building, safety or fire ordinances, AND/OR 2. A certificate permitting occupancy of the Property. In the event repairs/improvements are required for the issuance of the certificate, Seller will, within ...2..... DAYS of Seller's receipt of the requirements, notify Buyer of the requirements and whether Seller will make the required repairslimprovements at Seller's expense. If Seller chooses to make the required repairs/improvements, Buyer agrees to accept the Property as repaired and agrees to the RELEASE set forth in paragraph 25 of this Agreement. If Seller chooses not to make the required repairs/improvements, Buyer will, within...2..... DAYS, notify Seller in, writing of Buyer's choice to tenninate this Agreement OR make the repairs/improvements at Buyer's expense and with Seller's permission, which will not be unreasonably withheld. If Seller denies Buyer permission to make the required repairs or if Seller fails to respond within the time given, Buyer may. within ...2..... DAYS, terminate this Agreement in writing. in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer and this Agreement will be VOID. (F) The Property is not a "recreational cabin" as defined in the Pennsylvania Construction Code Act unless otherwise stated here (see Notice: Regarding Recreational Cabins): 15. TITLE, SURVEYS $.>; COSTS (1-Q2) (A) The Property is to be conveyed free and clear of all liens. encumbrances, and easements, EXCEPTING HOWEVER the following: existing deed restrictions. historic preservation restrictions or ordinances, building restrictions. ordinances, easements of roads, easements visible upon the ground, easements of record, privileges or rights of public service companies, if any; otherwise the title to the above described real estate will be good and marketable and such as will be insured by a reputable TItle Insurance Company at the regular rates. (B) Buyer will pay for the following: (I) TItle search, title insurance and/or mechanics lien insurance, or fee for cancellation of same, if any; (2) Flood insurance, fire insurance with extended coverage, mine subsidence insurance, or fee for cancellation of same, if any; (3) Appraisal fees and charges paid in advance to mortgage lender, if any; (4) Buyer's customary settlement costs and accruals. (C) Any surveyor surveys which may be required by the Title Insurance Company or the abstracting attorney for the preparation of an adequate legal description of the Property (or the correction thereof) will be secured and paid for by Seller. Any surveyor surveys desired by Buyer or required by the mortgage lender will be secured and paid for by Buyer. (D) In the event Seller is unable to give a good and marketable title and such as will be insured by a reputable TItle Company at the regular rates, as specified in paragraph 15(A), Buyer will have the option of: (I) taking such title as Seller can give with no change to the purchase price; or (2) being repaid all monies paid by Buyer to Seller on account of purchase price and being reimbursed by Seller for any costs incurred by Buyer for any inspec- tions or certifications obtained according to the terms of the Agreement, and for those items specified in paragraph 15(B) items (I), (2), (3) and in paragraph 15(C). in which case there will be no further liability or obligation on either of the parties hereto and this Agreement will become VOID. 16. ZONING CLASSIFICATION (1-02) Failure of this Agreement to contain the zoning classification (except in cases where the property {and each parcel thereof, if subdividable} is zoned solely or primarily to permit single-family dwellings) will render this Agreement voidable at the option of the Buyer, and, if voided,' . po~ tendered by the Buyer will be returned to the Buyer without any requirement for court action. Zoning Oassification: t::::.:~ f 4> ~ NIl A-L- o ELECTED. Within --..lL DAYS of the execution of this Agreement, Buyer will verify that the existing use of the Property as is permitted. In the event the use is not permitted, Bnyer will, within the time given for verification, notify Seller in writing that the existing use of the Property is not permitted and this Agreement will be VOID, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer. Buyer s failure to respond within the time given will constitute a WAIVER of this contingency and all other terms of this Agreement remain in full force and effecl. 17. c:O~OTICE ~ NOT APPLICABLE o APPLICABLE THIS DOCUMENT MAY NOT SElL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITt.E TO THE COAL AND RIGHTS OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND, THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL SUCH COAL AND IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUlWING OR OTHER SlRUCTlJRE ON OR IN SUCH LAND. (This notice is set forth in the manner provided in Section I of the Act of July 17, 1957, PL. 984.) "Buyer acknowledges that he may not be obtaining the right of protection against subsidence resulting from coal mining operations, and that the property described herein may be protected from damage due to mine subsidence by a private contract with the owners of the economic interests in the coal. This acknowledgement is made for the purpose of complying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966." Buyer agrees to sign the deed from Seller which deed will contain the aforesaid provision. 18. POSSESSION (1-02) (A) Possession is to he delivered by deed, keys and: I. Physical possession to vacant Property free of debris, with all structures broom-clean, ai day and time of settlement, AL'ID/OR 2. Assignment of existing lease(s), together with any security deposits and interest, at time of settlement, if Property is leased at the execution of this Agreement or unless otherwise specified herein. Buyer will acknowledge existing lease(s) by initialing said lease(s) at time of execution of this Agreement. (B) Seller will not enter into any new leases, written extension of existing leases, if any. or additional leases for the Property without the written consent of Buyer. 19. RECORDING (3-85) This Agreement will not be recorded in the Office for the Recording of Deeds or in any other office or place of public record and if Buyer causes or permits this Agreement to be recorded, Seller may elect to treat such act as a breach of this Agreement. 20. ASSIGNMENT (3-85) This Agreement will he binding upon the parties, their respective heirs, personal representatives, guardians and successors, and to the extent assignable, on the assigns of the parties hereto, it being expressly understood, however, that Buyer will not transfer or assign this Agreement without the written consent of Seller. 21. DEPOSIT & RECOVERY FUND (1-Q2) (A) Deposits paid by Buyer within --1L DAYS of settlement will be by cash, cashier's or certified check. Deposits, regardless of the form of payment and the person designated as payee, will he paid in U.S. Dollars to Broker or party identified in paragraph 3(B), who will retain them in an escrow account until consummation or termination of this Agreement in conformity with all applicable laws and regulations. Any uncashed check tendered as deposit monies may be held pending the acceptance of this offer. (B) Upon termination of this Agreement, the Broker holding the deposit monies will release the deposit monies in accordance with the terms of a fully executed written agreement between Buyer and Seller. ' (C) In the event of a dispute over entitlement to deposit monies, a broker holding the deposit monies is required by the Rules and Regulations of the State Real Estate Commission (49 Pa. Code ~35.327) to retain the monies in escrow until the dispute is resolved. In the event of litigation for the return of deposit monies, a broker will distribute the monies as directed by a final order of court or the written Agreement of the parties. Buyer and Seller agree that, in the event any broker or affiliated licensee is joined in litigation for the return of deposit monies, the attorneys' fees and costs of the broker(s) and licensee(s) will be paid by the party joining them. (D) A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real estate licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and wbo have been unable to collect the judgment after exhausting all legal and equitable remedies. Fer complete details about the Fund, call (J 17) 783-3658, or (800) 822-2113 (within Pennsylvania) and (JI7) 783-4854 (outside Pennsylvania). 22. ~NDOMINIUM/PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) RESALE NOTICE (1-02) .,.. NOT APPLICABLE o APPLICABLE: CONDOMINIUM. Buyer acknowledges that the Property is a unit of a condominium that is primarily run by a unit owners' association. ~3407 of the Uniform Condominium Act of Pennsylvania requires SeUer to furnish Buyer with a Certificate of Resale and copies of the condominium declaration (other than plats and plans), the bylaws, and the rules and regulations of the association. o APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOCIATION). Buyer acknowledges that the Property is part of a planned communitv 3.<;: defined hv the T Tnifonn Phmm>n rnmmnnitv Art fS,pp npfinitinn nf Pbnnp" rmntTll1n;t" Nnti......'1 R4\LltY7I.,.) nf t1-o.,. A..t .....,.,..;.."".. 435 436 437 438 439 440 441 442 443 444 440 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 ~92 493 494 495 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 433 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 4114 485 466 487 486 489 490 491 492 493 494 499 500 501 502 503 504 500 506 507 508 509 510 511 512 513 . 23. 514 515 516 517\ 518 519 520 521 522 523 524 525 526 527 528 5.29 530 \31 !i32 533 24. 534 535 536 25. 537 538 539 540 541 54? 543 26. 544 545 5~6 547 548 549 550 551 !3!i2 553 554 555 555 557 55B 27. 559 560 561 562 563 564 565 566 567 568 559 570 571 572 573 28. 574 575 576 577 578 579 580 581 582 583 1401 M o BUSINESS SERVICES FOR REAL ESTATE (800) 555-3390 THE FOLLOWING APPLIES TO PROPERTIES THAT ARE PART OF A CONI:lOMINIUI\I OR A PLANNED COMMUNITY. (A) Within ~ DAYS of the execution of this Agreement, Seller will submit a request to the association for a Certificate of Resale and the doc- uments necessary to enable Seller to comply with the Act. The Act provides that the association is required to provide these documents within 10 days of Seller's request. (B) Seller will promptly deliver to Buyer all documents received from the association. Under the Act, Seller is not liable to Buyer for the failure or delay of the association to provide the Certificate in a timely manner, nor is Seller liable to Buyer for any erroneous information provided by the association and included in the Certificate. (C) Buyer may declare this Agreement VOID at any time before Buyer's receipt of the association documents and for 5 days thereafter, OR until settlement, whichever occurs first. Buyer's notice declaring this Agreement void must be in writing; thereafter all deposit monies will be returned to Buyer. (D) In the event the association has the right to buy the Property (right of first refusal), and the association exercises that right, Seller will reimburse Buyer for all monies paid by Buyer on account of purchase price and for any costs incurred by Buyer for: (I) Title search, title insurance and/or mechanics lien insurance, or fee for cancellation of same, if any; (2) Flood insurance and/or fire insurance with extended coverage, mine sub- sidence insurance, or fee for cancellation of same, if any; (3) Appraisal fees and charges paid in advance to mortgage lender, if any. MAINTENANCE & RISK OF LOSS (1-02) (A) Seller will maintain the Property, grounds, fixtures, and any personal property specifically scheduled herein in its present condition, normal wear and tear excepted. (B) In the event any system or appliance included in the sale of the Property fails and Seller does not repair or replace the item, Seller will promptly notify Buyer in writing of Seller's choice to: I. Repair or replace the failed system or appliance before settlement or credit Buyer at settlement for the fair market value of the failed sys- tem or appliance (this option must be acceptable to the mortgage lender, if any). In each case, Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR 2. Not repair or replace the failed system or appliance, and not credit Buyer at settlement for the fair market value of the failed system or appliance. If Seller does not repair, replace or offer a credit for the failed system or appliance, or if Seller fails to notify Buyer of Seller s choice, Buyer will notify Seller in writing within ~ DAYS or before settlement, whichever is sooner, that Buyer will: a. Accept the Property and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR b. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer and this Agreement will be VOID. (C) Seller will bear risk of loss from fire or other casualties until time of settlement. In the event of damage by fire or other casualties to any prop- erty included in this sale that is not repaired or replaced prior to settlement, Buyer will have the option of rescinding this Agreement and promptly receiving all monies paid on account of purchase price or of accepting the Property in its then condition together with the proceeds of any insurance recovery obtainable by Seller. Buyer is hereby notified that Buyer may insure Buyer's equitable interest in this Property as of the time of execution of this Agreement. WAIVER OF CONTINGENCIES (1-02) If this Agreement is contingent on Buyer's right to inspect and/or repair the Property, Buyer s failure to exercise any of Buyer s options within the time limits set forth in this Agreement will constitute a WAIVER of that contingency and Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement. RELEASE (1-02) Buyer hereby releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLO EES, and any OFFICER or PARTNER of anyone of them and any other PERSON, FIRM, or CORPORATION who may be liable by or through them, from any and all claims, losses or demands, including, but not limited to, personal injuries and property damage and all of the con- sequences thereof, whether now known or not, which may arise from 'the presence of tennites or other wood-boring insects, radon, lead- based paint bazards, environmental hazards, any defects In the individual on-lot sewage disposal system or deficiencies in the on-site water service system, or any defects or conditions on the Property. Should Seller be in default under the terms of this Agreement, this release does not deprive Buyer of any right to pursue any remedies tbat may be available under law or equity. This release will survive settlement. REPRESENTATIONS (1-02) (A) Buyer understands that any representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seller, Brokers, their licensees, employees, officers, or partners are not a part of this Agreement unless expressly incorporated or stated in this Agreement. It is further understood that this Agreement contains the whole agreement between Seller and Buyer and there are no other terms, obligations, covenants, representations, statements or conditions, oral or otherwise of any kind whatsoever concerning this sale. Furthermore, this Agreement will not be altered, amended, changed, or modified except in writing executed by the parties. (B) It is understood that Buyer has inspected the Property before signing this Agreement (including fixtures and any personal property specifically scheduled herein), or has waived the right to do so, and has agreed to purchase the Property in its present condition uuless otherwise stated in this Agreement. Buyer acknowledges that Brokers, their licensees, employees, officers or partners have not made an independent examination or detennination of the structural soundness of the Property, the age or condition of the components, envi- ronmental conditions, the pennitted uses, or of conditions existing in the locale where the Property is sitnated; nor have they made a mechanical inspection of any of the systems contained therein. (C) Any repairs required by this Agreement will be completed in a workmanlike manner. (D) Broker(s) may perform services to assist unrepresented parties in complying with the terms of this Agreement. (E) The headings, captions, and line numbers in this Agreement are meant only to make it easier to find the paragraphs. DEFAULT (1-02) (A) Seller has the option of retaining all sums paid by Buyer, including the deposit monies, should Buyer: I. Fail to make any additional payments as specified in paragraph 3; OR 2. Furnish false or incomplete information to Seller, Broker(s), or the mortgage lender, if any, concerning Buyer's legal or fmancial status, or fail to cooperate in the processing of the mortgage loan application, which acts would result in the failure to obtain the approval of a mortgage loan commitment; OR 3. Violate or fail to fulfill and perform any other terms or conditions of this Agreement. (B) Unless otherwise checked in paragraph 27 (C), Seller may elect to retain those sums paid by Buyer, including deposit monies, in one of the following manners: 1. On account of purchase price; OR 2. As monies to be applied to Seller's damages; OR 3. As liquidated damages for such breach. (C) 0 Seller is limited to retaining sums p~id by Buyer, including deposit monies, as liquidated damages. (D) If Seller retains all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to paragraph 27 (B) or (C), Buyer and Seller will be released from further liability or obligation and this Agreement will be VOID. MEDIATION (7-96) o NOT AVAILABLE o WAIVED. Buyer and Seller understand that they may choose to mediate at a later date, should a dispute arise. but that there will be no obli- ~tion on the part of any party to do so. . :-:\ ~LECfED (A) Buyer and Seller will try to resolve any dispute or claim that may arise from this Agreement through mediation, in accordance with the Rules and Procedures of the Home SellersIHome Buyers Dispute Resolution System. Any agreement reached through a mediation conference and signed by the parties will be binding. (8) Buyer and Seller acknowledge that they have received, read, and understand the Rules and Procedures of the Home Dispute Resolution System (see Mediation Notice). (C) ~~nt~edia~.disputes arising from this Agreement will survive settlement. 499 500 501 502 503 504 505 506 507 SOU 509 510 511 512 513 514 515 516 517 518 519 S20 5'.1 522 523 524 525 526 527 526 529 530 531 532 S33 534 535 538 537 538 539 540 541 542 543 544 545 546 547 S48 549 550 551 552 553 554 555 !i56 557 558 559 560 561 562 563 564 565 566 5S7 558 569 570 571 572 573 574 575 576 5n 578 579 580 581 582 S83 BUSINESS SERVICES FOR REAL ESTATE (800) 555-3390 ~ 587 29. SPECIAL CLAUSES (1-02) 588 (A) The following are part of this Agreement if checked: 589 0 Sale & Settlement of Other Property 590 Contingency Addendum (pAR Form SSP) 591 0 Sale & Settlement of Other Property Contingency 592 with Right to Continue Marketing Addendum 593 (PAR Form SSP-CM) 594 (B) 595 596 597 o Settlement of Other Property Contingency Addendum (PAR Form SOP) o Tenant-OccupiedProperty Addendum (pAR Form TOP) o o o . 587 588 589 590 591 592 593 594 595 596 597 ~ 5~ m m ~ ~ 601 001 ~ ~ 603 Buyer and Seller acknowledge receiving a copy of this Agreement at the time of signing. 603 ~ ~ 605 NOTICE TO PARTIES: WHEN SIGNED, TIDS AGREEMENT IS A BINDING CONTRACT. Return by facsimile tra""mission (FAX) of this 61lS 606 Agreement, and all addenda, bearing the signatures of all parties, constitutes acceptance of this Agreement. Parties to this transaction are advised 506 607 to consult an attorney before signing if they desire legal advice. 607 ~ ~ 609 610 611 BUYER'S MAILING ADDRESS: ~.:2 612 613 614 615 616 (,17 618 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 BUYE~'SCO,NT~~NUMBER(S): ~ (pSH (~ . WITNESS ~/f-~ BUYER ~ ~'""'...... ~-- SS# 1"1 ~- ''3.''" 1.1 ~ II WITNESS ~S- B~~~~ SS# \ - 4 -., . DATE b-d~-a'- DATE6~bl.::(..6S 619 620 621 622 623 62.1 625 626 627 628 629 630 531 632 633 634 635 636 637 638 639 WITNESS BUYER SS# DATE Seller hereby approves the above contract this (date) . and in consideration of the services rendered in procuring the Buyer, Seller agrees to pay the named Broker for Seller a fee of of/from the herein specified sale price. In the event Buyer defaults hereunder, any monies paid on account will be divided Seller, . Broker for Seller, but in no event will the sum paid to the Broker for Seller exceed the above specified Broker's fee. o Seller has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code ~35.336. o Seller has received a statement of Seller's estimated closing costs before signing this Agreement. o Seiler has read and understands the notices and explanatory information set forth in Ihis Agreement. SELLER'S MAILING ADDRESS: ~~ ~~:;: ~~~~ NC SELLER'S ~ER(S): WITNESS ,;tA.."", r-- 640 '-71 tJ..ft 640 641 642 643 644 645 646 647 648 649 650 651 652 553 654 655 656 657 658 659 660 661 662 663 664 565 666 667 668 669 DA'IE 1.s./~1-/ !J , 641 642 643 644 545 S45 647 648 6<19 650 651 652 053 654 655 656 657 658 659 660 661 662 663 664 665 666 667 666 669 SELLERJlll\.L...~ Q, ~.~ SS# 1~f.-z.t-rOtf7.)T ~ WITNESS SELLER SS# DATE WITNESS SELLER SS# DATE Broker'slLice""ees' Certifications (check all that are applicable): o Regarding Lead-Based Paint Hazards Disclosure: Required if Property was built before 1978: The undersigned Licensees involved in this transaction, on behalf of themselves and their brokers. certify that their statements are true to the best of their knowledge and belief. Acknowledgement: The Licensees involved in this transaction have informed Seller of Seller's obligations under The Residential Lead-Based Paint Hazard Reduction Act, 42 U.S.c. ~4852(d), and are aware of their responsibility to ensure compliance. o Regarding FHA Mortgages: The undersigned Licensees involved in this transaction, on behalf of themselves and their brokers, certify that the terms of lhis contract for purchase are true to the best of their knowledge and belief, and that any other agreement entered into by any of these parties in connection with this transaction is attached to this Agreement. o Regarding Mediation: The undersigned 0 Broker for Seller paragraph 28 of this Agreement. BROKER FOR SELLERjCo~Name) ~ S. 12. ACCEPTED BY . ~ 6 :rl/c-..... _ BROKER FOR BUYER (Com~ame) ~S~ ""12.~ ~ f\...S ACCEPTED BY (A~rL..r.-,^" r- o Broker for Buyer agree to submit to mediation in accordance with 1L~I\t..--~ tt-s, t{.1 /. (2-2.-- / c" "\ I DATE c.c /'"L'"L.. /1",,<:,,_ DATE OMB NO. 2502-0265 ~"'r A. B. TYPE OF LOAN: U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT l-DFHA 2.DFmHA 3. [RJCONV. UNINS. 4.DVA 5.DcONV.INS. 6. FILE NUMBER: 17. LOAN NUMBER: SETTLEMENT STATEMENT DARR295-05 921000273107 8. MORTGAGE INS CASE NUMBER: C. NOTE: This form is furnished to give you a statement of actual saN/ement costs. Amounts paid to and by the settlement agent are shown. Items marked "[POCr were paid outside the closing; they are shown here for informationai purposes and are not included in the totals. 1.0 3/98 (DARR295-05.PFOIDARR295-05l10) D. NAME AND ADDRESS OF BORROWER: E. NAME AND ADDRESS OF SELLER: F. NAME AND ADDRESS OF LENDER: DENNIS A. DARR and ESTATE OF MARGARET J. KOCH FREMONT INVESTMENT & LOAN PAMELA G. DARR 106 SOUTH STONER AVENUE P.O. BOX 658 222 E. MAIN STREET SHIREMANSTOWN, PA 17011 AMELlA,OH 45102 MECHANICSBURG. PA 17055 G. PROPERTY LOCATION: H. SETTLEMENT AGENT: 25-1619811 I. SETTLEMENT DATE: 106 SOUTH STONER AVENUE TRI-COUNTY ABSTRACT SERVICE SHIREMANSTOWN, PA 17011 AU9ust 31, 2005 CUMBERLAND County, Pennsylvania PLACE OF SETTLEMENT 3414 CHESTNUT STREET CAMP HILL, PA 17011 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 154,500.00 401. Contract Sales Price 154,500.00 102. Personal ProperlY 402. Personal Prooertv 103. Settlement Charoes to Bonrower Line 1400) 6,809.15 403. 104. 404. 105. 405. Adiustments For Items Paid Bv SelJer in advance Ad"ustments For Items Paid BY Seller in advance 106. CitvlT own Taxes 08/31/05 to 01/01/06 153.87 406. CitvlTown Taxes 08/31/05 to 01/01/06 153.87 107. Countv Taxes to 407. County Taxes to 108. SCHOOL TAX 08/31/05 to 07/01/06 i 1,262.10 408. SCHOOL TAX 08/31/05 to 07/01/06 1,262.10 109. SEWER BILL 08/31/05 to 10/01/05 10.11 409. SEWER BILL 08/31/05 to 10/01/05 10.11 110. 410. 111. 411. 112. 412. 120. GROSS AMOUNT DUE FROM BORROWER 162.735.23 420. GROSS AMOUNT DUE TO SELLER I 155,926.08 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 201. Deoosit or earnest money 500.00 501. Excess Denosit (See Instructions\ 202. Princioal Amount of New Loanls) 123,600.00 502. Settlement Charoes to Seller (Line 140m I 12,493.35 203. ExistinQ loan(s) taken subiect to 503. Existino ioan s taken sub'ect to 204. 2ND MORTGAGE PROCEEDS 30,649.27 504. Payoff of first Mort9age I 205. BROKER CREDIT 1.164.00 505. Pavoff of second Mortoaoe 206. 506. 207. 507. lOeooslt disb. as oroceeds) 208. 508. 209. SELLER ASSIST 6,000.00 509. SELLER ASSIST 6.000.00 Ad'ustments For Items Unoaid Bv Seller Adiustments For Items Unnaid Bv Seller 210. CitvfTown Taxes to 510. CitvfTown Taxes to 211. Countv Taxes to 511. CountvTaxes to 212. SCHOOL TAX to 512. SCHOOL TAX to 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. I 519. 220. TOTAL PAID BY/FOR BORROWER 161,913.27 520. TOTAL REDUCTION AMOUNT DUE SELLER I 18,493.35 I 300. CASH AT SETTLEMENT FROMfTO BORROWER: 600. CASH AT SETTLEMENT TO/FROM SELLER: 301. Gross Amount Due From Borrower Line 120 162,735.23 601. Gross Amount Due To Seller Line 420) 155,926.08 302. Less Amount Paid By/For Bonrower (Line 220) I( 161,913.27\ 602. Less Reductions Due Seller (Line 520) ( 18,493.35 303. CASH ( X FROM) ( TO) BORROWER 821.96 603. CASH ( X TO) ( FROM) SELLER 137,432.73 ...,., The undersigned hereby acknowledge receipt of a completed copy of pages 1 &2 of this statement & any attachments referred to herein. I HAVE CAREFULLY REVIEWED THE HUD-l SETTLEMENT STATEMENT AND TO THE BEST OF MY KNOWLEDGE AND BELIEF, IT IS A TRUE AND ACCURATE STAT MENT OF ALL RECEIPTS AND DiSBURSEMENTS MADE ON MY ACCOUNT OR BY ME IN THIS TRANSACTION. I FURTHER CERTIFY THAT i HAVE RE IDA COPY OF n~UD-l SETTLEMENT STATEMENT. . .. ~~~ Seller DENNIS A. DARR ~ ~-.,"~,~~ ~ PAMELA G. DARR . TO THE BEST OF MY K WLEDGE, THE HUD-l SETTLE T ST ENT WHICH i HAVE PREPARED IS A TRUE AND ACCURATE ACCOUNT OF THE FUNDS WHICH WE E IVED AN AVE BE NIL .BY THE UNDERSIGNED AS PART OF THE SETTLEMENT OF THIS TRANSACTION. " SETTLEMENT OFFICER /SettJement Agent WARNING: IT IS A CRIME TO KNOWINGLY MAKE FALSE STATEMENTS TO THE UNITED STATES ON THIS OR ANY SIMILAR FORM. PENALTIES UPON CONVICTION CAN INCLUDE A FINE AND iMPRISONMENT. FOR DETAILS SEE: TITLE 18 U.S. CODE SECTION 1001 & SECTION 1010. L. SETTLEMENT CHARGES 700. TOTAL COMMISSION Based on Price $ 154.500.00 @ 6.0000 % 9.270.00 PAID FROM PAID FROM Division of Commission line 700 as Follows: BORROWER'S SELLER'S 701. $ 9.270.00 to RSR REALTORS FUNDS AT FUN~S AT 702. $ to SETTLEMENT SETTLEMENT 703. Commission Paid at Settlement 9.270.00 704. ADMINISTRATOR FEE to RSR REALTOR 125.00 150.00 800. ITEMS PAYABLE IN CONNECTION WITH LOAN 801. Loan Orioination Fee 0.3956 % to FREMONT INVESTMENT & LOAN 489.00 802. Loan Discount % to 803. Appraisal Fee to BAY CAPTIAL CORP 350.00 804. Credit Report to BAY CAPTIAL CORP 35.00 805. Lende~s Inspection Fee to 806. Mortoaoe Ins. Aoo. Fee to 807. Assumption Fee to 808. BROKER FEE to BAY CAPTIAL CORP 1,164.00 809. UNDERWRITING FEE to FREMONT INVESTMENT & LOAN 405.00 810. TAX SERVICE FEE to LAND AMERICA TAX AND FLOOD SERVICES 60.00 811. FLOOD CERT FEE to LAND AMERICA TAX AND FLOOD SERVICES 9.50 812. PROCESSING FEE to BAY CAPTIAL CORP 495.00 813. LOAN SET UP FEE to BAY CAPTIAL CORP 195.00 814. YIELD SPREAD PO BY FREMONT BAY CAPTIAL CORP POC: $2,472.00 815. 816. 817. 818. 819. 820. 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901. Interest From 08/31/05 to 09/01/05 @ $ 25.400000/day ( 1 days %) 25.40 902. Mortaaae Insurance Premium for months to 903. Hazard Insurance Premium for 1.0 years to 904. 905. 1000. RESERVES DEPOSITED WITH LENDER 1001. Hazard Insurance months $ oer month 1002. Mortoaoe Insurance months $ per month 1003. City!Town Taxes months $ Der month 1004. Countv Taxes months $ Der month 1005. SCHOOL TAX months @ $ per month 1006. months ((j) $ Der month 1007. months @ $ per month 1008. AGGREGATE ESCROW ADJUSTMEI months ((j) $ Der month 1100. TITLE CHARGES 1101. Settlement or Closino Fee to 1102. CLOSING PROTECTION LETTER to FIRST AMERICAN TITLE INSURANCE COMPANY 35.00 1103. Title Examination to 1104. Title Insurance Binder to 1105. Document Preoaration to 1106. Notarv Fees to CASH 12.00 8.00 1107. Attomey's Fees to {includes above item numbers: J 1108. Tille Insurance to TRI-COUNTY ABSTRACT SERVICE AGENT 1133.75 fincfudes above item numbers: 1109. Lende~s Coverage $ 123.600.00 104469427 111 O. Owne~s Coverage $ 154,500.00 1,133.75 104485077 1111. ENDORSEMENTS to TRI-COUNTY ABSTRACT SERVICE 100,300,8.1,710 200.00 1112. 1113. 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording Fees: Deed $ 38.50; Mortgage $ 72.50; Releases $ 111.00 1202. Cilv/Counlv Tax/Stamps: Deed 1,545.00' Mortgage 1,545.00 1203. State Tax/Stamos: Revenue Stamos 1,545.00; Mortoaoe 1,545.00 1204. 1205. OVERNIGHT/COURIER FEES to TRI-COUNTY ABSTRACT SERVICE 14.50 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Survey to 1302. Pest Inspection to BIECHLER & TILLERY, INC. HOME/RADON/PEST 405.00 1303. TAX CERTIFICATION FEE to TRI-COUNTY ABSTRACT SERVICE 5.00 1304. 2005 SCHOOL TAXES to JUDY C. PROWELL, TAX COLLECTOR 37-23-0555-258 1,515.35 1305. 1400. TOTAL SETTLEMENT CHARGES (Enter on Lines 103, Section J and 502, Section K) 6,809.15 12,493.35 By ,i,nin, P'9' I of thi. "".m.nt "" '~"'o"" ,"'.oowi.d,. "'"'pI oi . ,0mp,.I.d ooPY of p.g. 2 oi Ihi. two pay1)~ J -P'IA Jh //1 JJt ii' j J J L------' SETTLEMENT OFFICER (J Settlement Agent Page 2 Certified to be a true copy. (OARR295-05/ DARR295-05/10 ) S~P-01-2005 15: 21 FROM- T-210 P.C02/005 F-3S1 Tax ~arcel 37-23-0555-258 THIS DEED, MAlJETHE Jf ..3 I ~ day of August in the year two thousand five (2005) BETWEEN DONALD C. MEALS, Executor of the Last Will and Testament of Margaret J. ~och, also known as Margaret J. Bryan, late of the Borough of Shiremanstown, Cumberland County, Pennsylvania, party of the first part, and DENNIS ~. OARR and PAM~LA G. DARR, husband and wife, of Mechanicsburg, CUmberland County, Penn- sylvania, party of the second part: WHEREAS, the said Margaret J. Koch by her Last Will and Testa- ment, duly proved and recorded in the Cumberland County Register of Wills Office, Pennsylvania, in Docket BOOk 21-05-0677, Letters Testamentary being issued on July 29, 2005, prOVided, in perti- nent part, as follows: SECONQ: In addition to all powers granted to them by law and by other provisions of this Will, I give the fiduciaries acting hereunder the following powers, applicable to all property, exercisable without Court approval and effective until actual distribution of all property: (A) To sell at public or private sale, or to lease, for any period of time, any real or personal property and to give Options for sale, exchanges or leases, for such prices and upon such terms (including credit, with or without security) or conditions as are deemed proper. This includes the power to give legally sufficient instruments for transfer of the property and to receive the prOceeds of any disposition of it... FODRTB~ I nominate and appoint DONALD C. MtALS, Executor of this, my Last Will and Testament... S~P-01-2005 15:21 FROM- T-210 P,Q03/005 F-361 NOW THIS rNDENTORE WITNESSETH, that the said parties of the first part, by virtue of the pOwer and authority aforesaid, in said Will contained, and in consideration of the sum of One Hundred FiftY~Four Thousand and Five Hundred Dollars ($154,500.00) to them paid by the said party of the second part, at and before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold and Conveyed, and do hereby grant, bargain, sell and convey to the said party of the second part, their heirs and assigns forever: ALL THAT CERTAIN piece or parcel of land situate in the Borough of Shiremanstown, Cumberland County, Pennsylvania, being more fully bounded, limited and described as follows, to wit: ~EGrNNING at a point on the western line of Stoner Avenue at the northern line of a proposed street ~o be known as Walnut Street; thence westwardly along the northern line of Walnut Street one hundred forty-nine and seventy-seven hundredths (149.77) feet to a point; thence northwardly parallel with the western lien of Stoner Avenue seventy (70) feet to a point; thence eastwardly parallel with the northern line of the proposed street to be known as Walnut Street one hundred forty-nine and seventy-seven hundredths (149.77) feet to a point, the western line of Stoner Avenue; thence Southwardly along the western line of Stoner Avenue seventy (70) feet to a point, the place of beginning. Together with the right of ingress and egress to said land hereby conveyed on that portion of Walnut S~reet beginning a~ the eastern line of Stoner Avenue and extending westwardly to a point one hundred forty-nine and seventy-seven hundredths (149.77) feet from the western line of Stoner Avenue. BEING the same premises which David H. Bryan, married man, by deed dated January 3, 1950 and recorded January 13, 1950 in the Cumberland County Recorded of Deeds Office in Deed Book E, Volume 14, Page 536, granted and conveyed onto David H. aryan and Margaret J. Bryan, husband and wife. The said David H. Bryan died March 7, 1960, whereupon full and complete 'title to the within described property became vested SOlely in Margaret J. Bryan, surviving spouse. The said Margaret J. Bryan, also known as Margaret J. KOCh, died June 23, 2005. SEf-Ol-2005 15:21 FROM- T-210 P.004/005 F-361 TOGETHER with all and singular the rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereOf, and all the estate, right, title, interest, property, claim and demand whatsoever of the said Margaret J. Koch a~ and immediately before the time of her decease in law Or equity or otherwise howsoever, of, in, to or out or the same; TO HAVE AND ~O BOLO the said granted premised ~o the said party or the second part, their heirs and assigns forever. AND the said parties of the first part, do covenant, promise, grant and agree, to and with the said party of the second part, their heirs and assigns, by these presents, that the said party of ~he first part, has not dons, committed, or knowingly or willingly suffered to be done, any act, matter or thing whatso- ever, whereby the premises aforesaid, Or any part thereof, is are, shall or may be charged or enCumbered, in title, charge or estate, Or otherwise howsoever. IN WITNEsS WHEREOF, the said party of the first part has hereunto set his hand and seal the day and year above wri~ten. Signed, Sealed and Delivered y~~re~u:c.~~~ . . \~c.. fiA hOt (SEAL) DONALD C. M1:AALS J ~xecutor of the Estate of Margaret J. Koch SEP-Ol-2D05 15:21 FROM- T-21D P.OD5/DD5 F-361 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~J SS. On this, the ~/~ day of 4v-J('~, 2005, before me, the undersigned officer, personally appeared DONALD C. MEALS, known to me (or satisfactorily proven) to be the person whose name subscr~bed to the within instrument, and acknowledged that executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NowiaI5eaI Gtenda M. W8tI'lIngtC#l,~ camp HftI Bolo. CUmb""tal"" ""'* I My CQnmsslOI'1 ~~. '1.7, &.\IUQ Mem\)$r. PeMsylvrmia As$OdatiOn Of Nolllries Cer~ifioate of Residence (SEAL) I do hereby certify that the precise residence and complete post office address of the withi~ ~amed grantees ~ JOt, 6: 6' ~ ,4 v-e- / S /J 11" C rVllJ. /lS kWJ VI f/a.... 170 II fiSt / ll~- 2005 ~ .rfA..,.b; -JfQ . ~ or Grantees COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. RECORDED on this day of , 2005, in the Recorder's Office of the said County, in Deed Sook , page Given under my hand and the seal of the said office, the date above written. , Recorder. Rev-1508 EX+ (6-98) *' SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETU RN RESIDENT DECEDENT ESTATE OF Koch, Margaret J. FILE NUMBER 21-05-0677 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jolntly-owned with the right of survivorship must be disclosed on schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1 Commonwealth of Pennsylvania - Property Tax Rebate 500.00 2 Penn National Insurance - Premium Refund 165.00 3 1985 Chevrolet - Value as per attached appraisal 200.00 4 Gold Bracelets - Value as listed on attached appraisal 50.00 5 Pearls - Value as listed on attached appraisal 250.00 6 Personal Property - Sold at Public Sale 2.239.00 7 Personal Property - Sold at private sale 900.00 8 Vintage Costume Jewelery - Value as listed on attached appraisal 100.00 TOTAL (Also enter on Line 5, Recapitulation) 4.404.00 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule E (Rev. 6-98) ..... I-DTlJe$ CHEVROLET CHEVROLET, INC. 3400 HARTZDAlE DRIVE AT CAPITAL CITY MAll DRIVE CAMP Hill. PA 17011 NO. SURVEY AND APPRAISAL FORM -. THIS IS NOT AN ORDER ~~~ C::: 1.- NAME \i-v, ~ ~ ~~~ ~ \~ ~'-- \ () CITY S\,..,.v-...e....'-"--'-.....~~-.........- STATE y'- AGE STREET ADDRESS \ 0 ~ s ~~~, DATE 1-1.. oS PHONE NO. RADIO TELEVISION FRIEND REASON FOR VISITING US: WEST SHORE SHOPPER'S GUIDE PATRIOT OLD CUSTOMER OTHER YEAR Be; MAKE ~~~ MODEL~~<,-.:..<.- BODYSTYLE ~~ MILEAGES5 L( 'L-O AUTO TRANS. ~ <f2S?_6JB.'_ PIW _ P/S~~DTc0 ~: CYL\J ,. .~ COLOR \ ;;...~ PAINT INTERIOR GLASS TIRES L.F. R.F. L.R R SPARE FENDERS L.F. RF. L.R R DOORS ~~~~~ WHOLESALE V ALOE: ;Z 00. c 0 APPRAISED BY MOTOR REAR. TRANS. FOLLOW DATE REMARKS C.t'''-~ '\S 2- C)\ \:-{ ~ o\~ . \ PHYSICAL DAMAGE REPORT YOU KNOW ANYBODY INTERESTED IN YOUR TRADE: 60.,",,-,- ~"V- ,-;t SALESMANC~ . --:-' TO NAME CHECKED IN BY mUZ~te's ..J{ntiqu~E ;8:388~ ~;:: ~l./-O.5 SOLD TO ADDRESS CASH CHARGE C.O.D. PAID OUT MDSE. RETD. BAL. FORWARD QUAN. DESCRIPTION PRICE AMOUNT I~ - c.l....z." '-/7 ('.C I{JO -I-- ". f cJ./.r >- ~CA..A .., r:J>~rr; r Jl~,.., ._..f'.. cJ .~ .., () I _.<f~ tA.. - J'I C f ..~__( .O_~-;/:? ~.:"--) ~~ ..-it () Y .,....,;/ r /""vf ( ~j cr. '^ ~.&-.../S" ..5{J - '" J /~ / Ii 7 j !/ SIGNATURE ROBERT HAM ASSOCIATES 1-800-334-6965 199460.B5 DG 9/99 Rowe's Auction Service 2505 Ritner Highway Carlisle, P A 17013 717-249-2677 249-1978 697-4794 To: James D. Bogar Attorney 1 West Main Street Shiremanstown, PA 17011 From: Rowe's Auction Service 2505 Ritner Highway Carlisle, P A 17013 Re: Margaret J. Koch Estate Shiremanstown, P A. Personal Property Sales Less commission (35%) Net to Estate $2239.00 - 784.00 $1455.00 ~/\~ William G. Rowe Rev-1509 EX+ (6-98) . SCHEDULE F JOINTLY-OWNED PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Koch, Margaret J. FILE NUMBER 21-05-0677 II an asset was made joint within one year 01 the decedent's date 01 death, It must be reported on schedule G. SURVIVING JOINT TENANT(S) NAME A. Donald C. Meals ADDRESS RELATIONSHIP TO DECEDENT 103 Quork Court Kill Devil Hills, NC 27948 Son B. C. JOINTLY OWNED PROPERTY: DESCRIPTION OF PROPERTY %OF DATE OF DEATH ITEM LETTER DATE INCLUDE NAME OF FINANCIAL INSTITUTION AND BANK ACCOUNT DATE OF DEAT~ FOR JOINT MADE DECD'S VALUE OF NUMBER TENANT JOINT NUMBER OR SIMILAR IDENTIFYING NUMBER. ATTACH DEED FOR VALUE OF ASSE INTEREST DECEDENT'S INTEREST JOINTLY-HELD REAL ESTATE. 1 A 2/811989 Citizens Bank - Account No. 6140894239, 3.164.52 50.000% 1.582.26 date of death balance $3,111.91, accrued interest $52.61 2 A 1/21/1999 Sovereign Bank - Account No. 1.524.36 50.000% 762.18 0575131388, date of death balance $1,520.53, accrued interest $3.83 3 A 8/19/1996 Sovereign Bank - Account No. 2.004.72 50.000% 1.002.36 0575137922, date of death balance $2,000.00, accrued interest $4.72 4 A 4/2/1996 Sovereign Bank - Account No. 1.503.88 50.000% 751.94 0575139159, date of death balance $1,500.65, accrued interest $3.23 5 A 11/25/1996 Sovereign Bank - Account No. 1.804.19 50.000% 902.10 1685138016, date of death balance $1,800.00, accrued interest $4.19 6 A 2/29/2000 Sovereign Bank - Account No. 4.013.39 50.000% 2.006.70 1685271544, date of death balance $4,000.00, accrued interest $13.39 TOTAL (Also enter on Line 6, Recapitulation) 7.007.54 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule F (Rev. 6-98) .J:.:E Citizens Bank Account Number Account Title Date 0 ened Account Ty e Principal Balance as of DOD Interest from Last Postin to DOD Account Balance as of DOD YTD Interest to DOD 6140158958 MARGARET J KOCH 11/26/1974 Savin s $.00 $.00 $.00 $2.76 I~Citizens Bank Account Number Account Title Date 0 ened Account Ty e Principal Balance as of DOD Interest from Last Postin to DaD Account Balance as of DaD YTD Interest to DaD 6140894239 MARGARET J KOCH OR DONALD C MEALS 2/8/1989 Time De osits $3111.91 $52.61 $3164.52 $68.55 Court Ordered Processing / MAl MB3 02-10 P.O. Box 841005 Boston, MA 02284 August 9, 2005 James D. Bogar Attorney at Law One West Main St. Shiremanstown, P A 17011 RE: Estate of: Margaret J. Koch Date of Death: July 23, 2005 Dear Ms. Hipp: Per your request, enclosed please find the account information as of date of death for the above-named decedent. Please note the balances do not include accrued interest. If you should have any further questions, please do not hesitate to call. Very truly yours, ~ Linda Spavento OAG Team Leader ( 617) 533-1789 Sovereign Bank ESTATE OF SOCIAL SECURITY #: DA TE OF DEATH: Margaret J Koch 172-01-0141 June 23, 2005 Account #: 0575131388 Type: CD In the name of: Margaret J Koch or Donald C Meals Date of Death Balance: $1,520.53 Int.(YTD) from 1/1/2005 to 5/31/2005 Accrued interest to date of death: $3.83 Other Info: Open date: 1/21/1999 $22.80 Account #: 0575137344 Type: In the name of: Margaret J Koch or Donald C Meals Date of Death Balance: Int.(YTD) from 1/1/2005 to Accrued interest to date of death: Other Info: closed 4/1/05 -POl $ .3, GOd, 10 CD Open date: 2/24/1997 $0.00 4/1/2005 $0.00 $17.73 Account #: 0575137922 Type: CD In the name of: Margaret J Koch or Donald C Meals Date of Death Balance: $2,000.00 Int.(YTD) from 1/1/2005 to 5/31/2005 Accrued interest to date of death: $4.72 Other Info: Open date: 8/19/1996 $34.22 "- Account #: 0575139159 Type: CD In the name of: Margaret J Koch or Donald C Meals Date of Death Balance: $1,500.65 Int.(YTD) from 1/1/2005 to 5/31/2005 Accrued interest to date of death: $3.23 Other Info: Open date: 4/2/1996 $23.44 Account #: 1685138016 Type: CD In the name of: Margaret J Koch or Donald C Meals Date of Death Balance: $1,800.00 Int.(YTD) from 1/1/2005 to 5/31/2005 Accrued interest to date of death: $4.19 Other Info: Open date: 11125/1996 $30.35 Page 1 of 2 Sovereign Bank ESTATE OF SOCIAL SECURITY #: DATE OF DEATH: Margaret J Koch 172-01-0141 June 23,2005 Account #: 1685271544 Type: CD In the name of: Margaret J Koch or Donald C Meals Date of Death Balance: $4,000.00 Int.(YTD) from 1/1/2005 to 5/31/2005 Accrued interest to date of death: $13.39 Other Info: Open date: 2/29/2000 $97.00 Page 2 of 2 Rev-1510 EX+ (6-98) *' SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Koch, Margaret J. FILE NUMBER 21-05-0677 This schedule must be completed and filed if the answer to any of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yes. ITEM DESCRIPTION OF PROPERTY DATE OF DEATH % OF DECD'S EXCLUSION TAXABLE NUMBER INCLUDE NAME OF TRANSFEREE, THEIR RELATIONSHIP TO DECEDENT AND VALUE OF ASSET INTEREST (IF APPLICABLE) V ALU E THE DATE OF TRANSFER. ATTACH A COpy OF THE DEED FOR REAL ESTATE. 1 Prudential Financial - Contract No. ROS861948 3.383.21 3.383.21 2 173.428 shares of PPL - Stock-Transferred to 5.264.41 100.000 3.000.00 2.264.41 Donald C. Meals on June 6, 2005 3 Ameriprise Financial - Account No. 01053645559 3.701.80 3.701.80 4002 TOTAL (Also enter on Line 7, Recapitulation) 9.349.42 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule G (Rev. 6-98) Prudential ~ Financial The Prudential Insurance Company of America Annuity Services PO Box 7960 Philadelphia, PA 19176 (888) 778-2888 LA W OFFICE OF JAMES D BOGAR A TTN JENNIFER B HIPP ONE W MAIN ST SHIREMANSTOWN PA 17011 Contract Number: ROS86l948 Payee: Margaret J Koch August 9,2005 Dear Ms. Hipp: Weare writing in response to your recent request for information on the contract shown above. This contract is the only one that was found in Margaret Koch's name. It was effective September 10, 1992 and provided Margaret J Koch with annual accumulating interest. The value of the contract as of the date of death was $3,383.21. Under the terms of the contract, at the death of Margaret J Koch, the death claim proceeds were paid to Donald C Meals, son. If you have any questions, please call the Prudential Annuity Service Center at (888) 778-2888. The Service Center is open Monday through Friday between 8:00 a.m. and 8:00 p.m. Eastern time. If you are using a telecommunications device for the hearing impaired, you may call (800) 654- 7637. Monday through Friday between 8:00 a.m. and 8:00 p.m. Eastern time. Sincerely, -11 lit ~cLu- J-JeIT Bailey d- Annuity Death Claims A Prudential business Corporate Office: 751 Broad Street, Newark NJ 07102-3777 PPL CORPORATION Two North Ninth Street Allentown, PA 18101- I 179 http://www.pplweb.com \ I I \ \ I , I '~...' , ~~ .....l~' ~ . ..' ppl.!~~: , TM Investor Services 1-800-345-3085 November 29, 2005 James D. Bogar Attorney at Law One West Main Street Shiremanstown, P A 17011 Re: Estate of Margaret 1. Koch Dear Mr. Bogar: In reply to your recent letter, we do not have a PPL stock account registered in the name of Margaret J. Koch under social security number 172-01-0141. According to our records, there was a joint account in the name of Mahlon C. Koch and Margaret 1. Koch as Joint Tenants, under social security number 172-01-3482. The shares held in joint names (4 certificated shares and 169.428 shares held in a Dividend Reinvestment Plan), were transferred to Donald C. Meals on June 7, 2005. We hope this information will be helpful to you. Please do not hesitate to contact our office on the toll free number shown above, or you can call me direct at 610-774-4235, if you have any questions. Sincerely, ~Q-~ (Mrs.) Cynthia A. Buchman Sr. Investor Services Representative Mary L Chaffee To: Chad X Price/Field/WH/AEFA@AMEX 12/12/2005 11:43 cc: Subject: 12823078 6 001 MARGARET J KOCH Date of Death values IDS Life Insurance Company RiverSource Funds Ameriprise Certificate Company Ameriprise Brokerage Ameriprise Financial Center Minneapolis, MN 55474 December 12, 2005 CHAD DAVID PRICE AMERIPRISE FINANCIAL SERVICES 3500 MARKET ST STE 200 CAMP HILL, PA 17011-4353 Dear CHAD DAVID PRICE: Thank you for your recent inquiry regarding MARGARET J KOCH's accounts. These are the values of the accounts as of 06/23/2005. Mutual Funds Account Number Total Value # of shares Asset Value Per Share 01053645559 4 002 $3701.80 425.494 8.70 The date of death values provided are for estate tax purposes and are not a value to be paid. Accounts may be subject to market fluctuation as governed by each product. Values for any proprietary mutual funds include accrued dividends as applicable. We appreciate the opportunity to be of service to you. Please contact us if you have any questions. Sincerely, Mary Chaffee Death Settlements Processing Team 70100 Ameriprise Financial Center Minneapolis, MN 55474 1-800-862-7919, Option 5,1 REV-1151 EX+ (12-99) SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Koch, Margaret J. Debts of decedent must be reported on Schedule I. FILE NUMBER 21-05-0677 ITEM DESCRIPTION AMOUNT NUMBER A. FUNERAL EXPENSES: See continuation schedule(s) attached 7,596.00 B. ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions Social Security Number(s) I EIN Number of Personal Representative(s): Street Address City State Zip - Year(s) Commission paid 2. Attorney's Fees Bogar and Hipp Law Offices 7,800.00 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 318.00 5. Accountant's Fees 6. Tax Return Preparer's Fees 7. Other Administrative Costs 21,564.74 See continuation schedule(s) attached TOTAL (Also enter on line 9, Recapitulation) 37,278.74 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 6-98) Rev-1502 EX+ (6-98) SCHEDULE H-A FUNERAL EXPENSES continued COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Koch, Margaret J. FILE NUMBER 21-05-0677 ITEM NUMBER DESCRIPTION AMOUNT 1 Myers Funeral Home, Inc. - Funeral 7.396.00 2 Pauline Rife - Funeral Luncheon 200.00 Subtotal 7.596.00 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H-A (Rev. 6-98) Rev-1502 EX+ (6-98) . SCHEDULE H-B7 OTHER ADMINISTRATIVE COSTS continued COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Koch, Margaret J. FILE NUMBER 21-05-0677 ITEM NUMBER AMOUNT DESCRIPTION 13 14 15 16 1 ATT - Telephone Bill-Final 69.87 2 Comcast - Final Cable Bill 46.70 3 Dennis A. Darr & Pamela G. Darr - Seller's Assist-Sale of Real Estate 6.000.00 4 Dennis A. Darr & Pamela G. Darr - Radon Remediation 665.00 5 J. S. Norford - Plumbing Repairs 83.80 6 Judy C. Prowell, Tax Collector - 2005 School Taxes 1.515.35 7 Lower Allen Township - Sewer 30.00 8 Notary Fees - Sale of Real Estate 8.00 9 Pa. American Water Co. - Final Water Bill 100.47 10 PPL - Electric-Final Bill 137.96 11 Real Estate Transfer Tax - Sale of Real Estate Expense 1.545.00 12 RESERVES: - Costs to conclude administration of Estate including filing fee for Pa. Inheritance Tax Return and Inventory; preparation of Personal and Fiduciary Income Tax Returns 850.00 Rowe's Auction Service - Commission for sale of personal property 784.00 RSR Realtor - Commission on sale of real estate 9.270.00 RSR Realtor - Administrator Fee 150.00 Suburban Gas - Gas Bill-Final 246.62 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA.1500 Schedule H-B7 (Rev. 6-98) Rev-1502 EX+ (6-98) . SCHEDULE H-87 OTHER ADMINISTRATIVE COSTS continued COMMONWEALTH OF PENNSYLV/JJ<4IA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Koch, Margaret J. FILE NUMBER 21-05-0677 ITEM NUMBER DESCRIPTION AMOUNT 17 Tri-County Abstract Service - Tax Certification 5.00 18 Verizon - Telephone Bill-Final 25.32 19 WSI - Trash Removal 31.65 Subtotal 21.564.74 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H-B7 (Rev. 6-98) Rev-1512 EX+ (6-98) *' SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Koch, Margaret J. FILE NUMBER 21-05-0677 Include unrelmbursed medical expenses. ITEM NUMBER DESCRIPTION 1 Church of God Home - Rent VALUE AT DATE OF DEATH 3.223.40 2 Dr. Howard Burkett - Final Bill 30.00 3 Links Care - Private Duty Nurses 2.514.00 4 Pace - Prescription Co-:ay 10.95 TOTAL (Also enter on Line 10, Recapitulation) 5,778.35 (If more space is needed. additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule I (Rev. 6-98) REV 1513 EX+ (9-00) *' SCHEDULE .J BENEFICIARIES COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF NUMBER Koch, Margaret J. NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under Sec. 9116(a)(1.2)] FILE NUMBER 21-05-0677 RELATIONSHIP TO DECEDENT Do Not List Trustee(s) SHARE OF ESTATE AMOUNT OF ESTATE (Words) ($$$) I. See attached schedule Total Enter dollar amounts for distributions shown above on lines 15 through 18, as appropriate, on Rev 1500 cover sheet II. NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART 11- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET 0.00 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule J (Rev. 6-98) . . SCHEDULE .J BENEFICIARIES (Part I, Taxable Distributions) ESTATE OF: Margaret J. Koch 172-01-0141 06/23/2005 Item Name and Address of Person(s) Share of Estate Amount of Estate Number Receiving Property Relationship (Words) ($$$) 1 Bryan K. Meals Grandson One-fourth (1/4) of 0.00 2924 Replica Court rest, residue and Portsmouth, VA 23703 remainder 2 Donald C. Meals Son One-half (1/2) of rest, 0.00 103 Quork Court residue and Kill Devil Hills, NC 27948 remainder 3 Robert C. Meals Grandson One-fourth (1/4) of 0.00 48 Bald Eagle Road rest, residue and South Weymouth, MA 02190 remainder Total 1 . .1~ j ,~ ) '~ \-- illast JIIill anu Qftstatttent OF MARGARET J. KOCH I, MARGARET J. KOCH, of the Borough of Shiremanstown, Cumberland County, Pennsylvania, make, publish and declare this as and for my Last will and Testament, hereby revoking all other Wills and Codicils heretofore made by me. FIRST: I devise and bequeath all the rest, residue and remainder of my estate of whatever nature and wherever situate, including any property over which I hold power of appointment and together with any insurance policies thereon, as follows: (A) One-half (1/2) thereof, to my son, DONALD C. MEALS. Should my son, DONALD C. MEALS, predecease me, I devise and bequeath his share, in equal shares, to my grandsons, BRYAN K. MEALS and ROBERT C. MEALS, provided that should any of my grand- children predecease me, I give and bequeath such grandchild's share unto his issue per stirpes by representation, and if there be a failure of same, then I give and bequeath such deceased grandchild's share to my surviving grandchild as provided herein. (B) One-half (1/2) thereof, in equal shares, to my grandsons, BRYAN K. MEALS and ROBERT C. MEALS, provided that should any of my grandchildren predecease me, I give and bequeath such grandchild's share unto his issue per stirpes by representa- tion, and if there be a failure of same, then I give and bequeath such deceased grandchild's share to my surviving grandchild as provided herein. -) SECOND: In addition to all powers granted to them by law and by other provisions of this will, I give the fiduciaries acting hereunder the following powers, applicable to all property, exercisable without court approval and effective until actual distribution of all property: (A) To sell at public or private sale, or to lease, for any period of time, any real or personal property and to give . ) J h , ) .~~ options for sales, exchanges or leases, for such prices and upon such terms (including credit, with or without security) or condi- tions as are deemed proper. This includes the power to give legally sufficient instruments for transfer of the property and to receive the proceeds of any disposition of it. (B) To partition, subdivide, or improve real estate and to enter into agreements concerning the partition, subdivision, improvement, zoning or management of real estate and to impose or extinguish restrictions on real estate. (C) To compromise any claim or controversy and to abandon any property which is of little or no value. (D) To invest in all forms of property, including stocks, common trust funds and mortgage investment funds, without restriction to investments authorized for Pennsylvania fiduci- aries, as are deemed proper, without regard to any principle of diversification, risk or productivity. (E) To exercise any option, right or privilege granted in insurance policies or in other investments. (F) To exercise any election or privilege given by the Federal and other tax laws, including, but not necessarily being limited to, personal income, gift and estate or inheritance tax laws. (G) To make distributions to my herein named benefici- aries in cash or in kind or partly in each. (H) To borrow money from themselves or others in order to pay debts, taxes, or estate or trust administration expenses, to protect or improve any property held under my will, and for investment purposes. ,I r~ j (I) To select a mode of payment under any qualified retirement plan (pension plan, profit sharing plan, employee stock ownership plan, or any other type of qualified plan) to the extent the plan or the law permits them to do so, and to exercise any 'J other rights which they may have under the plan, in whatever 2 r manner they consider advisable. THI"" , I direct that all inheritance, estate, tranSfer, succession and death taxes, of any kind Whatsoever, which may be payable by reason of my death, whether or not with respect to property passing under this Will, shall be paid out Of the princi_ pal of my residuary estate. ~: I nominate and appoint DONALD C. MEALS, Executor of this, my Last Will and Testament. In the eVent of the death, resignation or inability to serve for any reason Whatsoever of the said DONALD C. MEALs, I nominate and appoint BRYAN K. MEALs and ROBERT C. MEALS, CO-Executors of this, my Last Will and Testament. I direct that my Executor, and his successors, shall not be required to post security or a bond for the performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto to this, my Last Will and Testament, this~1 set my hand and seal ) day of ".I'll 'V-,--,{lh"1 J (' j 1993. "Jg~~~"K!~ k' ./ . , ' Q.(~ J/.~ , (SEAL) Signed, sealed, Published and declared by the above- named Testatrix as and for her Last Will and Testament in our presence, who, at her request, in her presence and in the presence of each other, have hereunto subscribed our names as attesting witnesses. / A) '/" 'Uu~ fl. /~Id:1-- / y' ( c! '7 cz;Tz1P4 ~1-..,:;,p j)_ / -j tZ4/2A1_ Address Address 3