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06-4935
KEVIN J. KEEN and LINDSAY E. KEEN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06- MARK E. WORDEN and DIANA L. WORDEN, RE/MAX HOMEFINDERS, INC. and HALE REAL ESTATE Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013 (717) 249-3166 KEVIN J. KEEN and LINDSAY E. KEEN, Plaintiffs V. MARK E. WORDEN and DIANA L. WORDEN, RE/MAX HOMEFINDERS, INC. and HALE REAL ESTATE Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06- 4q-45 CIVIL TERM COMPLAINT Introduction and Parties 1. Plaintiffs, Kevin J. Keen and Lindsay E. Keen, (hereinafter "Keens") are husband and wife who reside at 110 Big Pond Road, Shippensburg, Southampton Township, Cumberland County, Pennsylvania, 17257. 2. Defendants, Mark E. Worden and Diana L. Worden (hereinafter "Wordens"), at the time complained of, were husband and wife. Mr. Worden's last known address is 117 Cumberland Avenue, Shippensburg, Southampton Township, Franklin County, Pennsylvania, 17257. 3. Defendant RE/MAX Homefinders, Inc. (hereinafter "RE/MAX") is incorporated under the laws of the Commonwealth of Pennsylvania which operates a real estate brokerage at 115 East King Street, Shippensburg, Cumberland County, Pennsylvania, 17257. 4. At all times defendant RE/MAX was represented by Real Estate Agent Michele Kane (hereinafter "Kane"). 5. Defendant Hale Real Estate (hereinafter "Hale") is incorporated under the laws of the Commonwealth of Pennsylvania operating a real estate brokerage at 14 West King Street, Shippensburg, Cumberland County, Pennsylvania, 17257. 6. At all times defendant Hale was represent by Real Estate Agent Mim Heisey (hereinafter "Heisey"). Factual Background 7. Plaintiffs hereby incorporate by reference Paragraphs 1 through 6 of this Complaint as if fully set forth herein. 8. In November, 2005, Plaintiffs viewed the property for the first time. 9. On or about December 1, 2005, Plaintiffs viewed the property for the second time. 10. The Keens, Kane and Heisey were all present at the second viewing. 11. At the second viewing in December, the Keens, after seeing spots on the wall, specifically asked about water in the basement. 12. In response Heisey informed the Keens that she had been down in the basement two times and there had never been any water in the basement. 13. The Keens subsequently asked Kane if she had any knowledge of water in the basement. Kane never responded. 14. On or about December 2, 2005, Plaintiffs executed a Standard Agreement for the Sale of Real Estate to purchase property located at 110 Big Pond Road, Southampton Township, Cumberland County (the "Property'), from the Defendants for $225,000.00. See Exhibits "A" attached hereto. 15. Kane advised the Keens NOT to require a home inspection because the Agreement of sale would not be accepted with the requirement of a home inspection. 16. Relying on Kane's suggestion, the Keens did not require a home inspection. 17. Defendant Wordens had completed and signed a Seller's Property Disclosure Statement on June 29, 2005 (hereinafter "Disclosure"). See Exhibit "B" attached hereto. 18. Plaintiffs never received or saw the Disclosure. 19. In Section 4 of the Disclosure, the Wordens indicated that during Hurricane Ivan in 2004 there was "some water in basement," which Plaintiffs understood to mean that water in the basement was an extraordinary event. 20. When the Wordens purchased the Property in 2004, Special Clause Paragraphs 29(B) and 29(C) were added, which paragraphs stated that the Property A Count I - Nealiaent Misrepresentation Plaintiffs v. Mark E. Worden and Diana L. Worden 31. Plaintiffs hereby incorporate by reference Paragraphs 1 through 30 of their Complaint as if fully set forth herein. 32. The Wordens knew or should have known that the basement of the Property often leaked water. 33. Despite their knowledge and or constructive knowledge that the basement leaked water, the Wordens did not disclose the on-going nature or the extent of the problem to the Plaintiffs. 34. At no time prior to settlement or at settlement did the Wordens state to the Plaintiffs the extent to which the basement leaked water. 35. The Wordens had a duty to disclose to the Plaintiffs that the basement often leaked water. 36. The leaking of water into the basement of the property is a material defect, and information relating to the water leaking into the basement was material to the sale of the house and had Plaintiffs or any reasonable person been provided with such information they would not have entered into an agreement to purchase the Property. 37. Plaintiffs relied upon the misrepresentation of the Wordens. 38. If Defendants did give constructive notice to the Plaintiffs, Defendants notice was inadequate as to the severity defect in the basement. 39. As a direct and proximate result of the misrepresentations of the Wordens, Plaintiffs entered an agreement of sale contract that they otherwise would not have entered into. WHEREFORE, Plaintiffs respectfully request this Honorable Court to grant to them, and against Defendants, a judgment for the cost of repairs to the basement, along with the cost of suit, and such other relief as the Court deems just and equitable. Count 2 - Fraud Plaintiffs v. Mark E. Warden and Diana L. Warden 40. Plaintiffs hereby incorporate by reference Paragraphs 1 through 39 of their Complaint as if fully set forth herein. 41. The Wardens knew or should have known that the basement often leaked water. 42. At no time during or leading up to settlement did the Wardens inform Plaintiffs the extent to which the basement leaked water. 43. The Wardens had a duty to disclose the fact that the basement often leaked a considerable amount of water and the Wardens failed to do so. 44. The fact that the basement often leaked water is a material defect of the house and information relating to the leaky basement was material to the sale of the property and had Plaintiffs or any reasonable person been provided with such information they would not have entered an agreement to purchase the property. 45. Plaintiffs relied on the misrepresentations of the Wardens. 46. If Defendants did give constructive notice to the Plaintiffs, Defendants notice was inadequate as to the severity of the defect in the basement, thus constituting fraud. 47. As a direct and proximate result of the misrepresentations of the Wardens, Plaintiffs entered an agreement of sale contract that they otherMse could not have entered into. WHEREFORE, Plaintiffs respectfully request this Honorable Court to grant to them, and against Defendants, a judgment for the cost of repairs to the basement, along with the cost of suit, and such other relief as the Court deems just and equitable. STANDARD AGREEMEIlIT TbA THE SALE OF REAL ESTATE A/S - 2K This founfemmmcnded and approved for, bit not restricted to use by, members of the Pennsylvania Association of REALTORS® (PAR). SELLER'S BUSI?T S RELATIONSHIP WITH PA LICENSED BROKER ?3?SnQ BROKER (Company HALE (?'E?1L 6STfiTt PHONE CC33// ADDRESS 14 w / &V e. ST E T S f? / OP[ f/S BUIZ6 PA FAX ?'?? , 55f ?0 3 BROKER IS THE AGENT FOR SELLER. Designated Agent(s) for Seller, if applicable: OR Broker is NOT the Agent for Seller and is afar: ? AGENT FORBDYER ? TRANSACTION LICENSEE BUYER'S WITH PA LICENSED BROKER BROKER (Company) L Y?_ rV JE PHONE • `°' ADDRESS I? F Kyrt1 6 STkEP T Sh 'ooPryS tJ/? P FAX ?? • 43 kd BROKER IS THE AGENT FOR BUYER Designated Agent(s) for Buyer, if applicable: OR Broker is NOT the Agent for Buyer and is a/an: El AGENT FOR SELLER ? SUBAGENT FOR SELLER ? TRANSACTTON LICENSEE When the same Broker Is Agent for Seller and Agent for Buyer, Broker is a Dual Agent AB 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 1 1. This Agreement, dated pt? +-A-fZ- 2 SELLER(S): /))ark f QiGtYI (L t t/d/ ?fv 3 4 called "Seller," and y 55 BUYER(S): 1/PIJ; n 9% f? Prld-eA y lee e-/-) ,isbetween 7 called "Bayer." 8 2. PROPERTY (1-98) Seller hereby agrees to sell and convey to Bayer, who hereby agreesto purchase: 9 ALL THAT CERTAIN lot or piece-of groand witp bmldings and improvements thereon erected, N any, known as: 10 11 12 13 14 15 3. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 in the of 7? OLJ nViv , County of __0UrniG L- [,4N in the Commonwealth of Pennsylvania, lip Code ?S Identification (sig, Tan ID #; Parcel#; Irot, Bloclr; Deed Book, Page, Recording Date) TERMS (1"02) ?6" /7!lafJ Via) N T Y F i tJ F 7-1-I US 10 D (A) Purchase Price - U.S, Dollars which will be paid to Seller by Buyer as follows: /ODD 05. 1. Cash or check at signing this Agreement: S 2. Cash or check within days of the execution of this Agreement: $ 3. $ rzr aC? f (Q,oo 4. Cash, cashier's or certified check at time of settlement: $ TOTALS RJLg Doa °U (B) Deposits paid on account of purchase price to be heldby Brokerfor Seller, unless otherwise stated here: (C) Seller's written approval to be on or be5ore: '76 E od ODs' (D Settlement to be on .DEL7Era'3&R .22 , '1 vos" , or before if Buyer and Seller agree. (E) 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; corldomdnium fees and homeowner association foes, if any; water and/or sewer fees, if any, together with any other lienable municipal service. REPARED BY: THOMAS S. MITROS, BROKER/ONMER JS-2K- Standard Agreement For The Sale OF Real Estate, 01/02. Penr syKWIa Association of REALTORS® XOPYRIOHT PENNSYLVANIA ASSOCIATION OF REALTORS® 2002 :mIFATT® re, , Version 6.16. Software Registered to: THOMAS S MITROS. RE/MAX HOMEFINOERS uyer(s) In Is Pagel of 21 Sellers Inlltals 3 5 T The charges are to be pro-rated for the period(s) covered: Seller will pay up to and including the date of settlement; Buye: 36 will pay for all days following settlement, unless otherwise stated here: 37 38 4. FIXTURES & PERSONAL PROPERTY (1-00) 39 (A) INCLUDED in this sale and purchase price are all existing items permanently installed in the Property, free of liens, 40 including plumbing; heating; lighting fixtures (including chandeliers and ceiling fans), water treatment systems; pool and spt 41 equipment; garage door openers and transmitters; television artenmas; shrubbery, plantings and unpottedteees; am *?M 42 heating and cooking fuels stored on the Property at the time of settlement; wall to wall carpeting, window covering hardware: 43 shades a blinds; built-in air conditioners; built-in appliances; and the Agiven raw ualets otherwise I iMl Als 44 KrF2r6E??TO4?1 5 ?ov&4OUEN, 001/tW RoOS ? 45 (B) LEASED items (not owned by Sf eller): J/ 46 47 48 49 5. 50 51 52 53 54 55 56 57 58 59 6. 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 (C) EXCLUDED fixtures and items: DATES/TIME IS OF THE ESSENCE (1-02) (A) The said date for settlement and all other dates and times referred to for the perklimsmce of any of the obligations of this Agreement are agreed to be of the essence of this Agreement and are biding. (B) For the purposes of this Agreement, number of days will be counted from the date of execution, by owbiding the day this Agreement was executed and including the last day of the time period (C) 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. (D) Certain time periods are pre-printed in this Agreement as a convenience to the Bayer and Seller. Any pre-printed time periods are negotiable and may be changed by striking out the pre-printed text and inserting a diferent time period acceptable to all parties. MORTGAGE CONTINGENCY (1-02) ? WAIVED. This sale is NOT contingent on mo tgagefinancing. PELECTED (A) This sale is contingent upon Buyer obtaining mortgage finarxang as follows: 1. Amount of mortgage loan Sa 2. )\ inimnm Term 3. Type of mortgage [t /1 E /OYYfI %- 4. Interest rate Co , al S %o; however, Bayer agrees to aeeept the taterrat rate as may be cormeitted by the mortgage lender, not to exceed amaotimnm interest rate of '5E %a 5. Discount points, loan origination, loan pllaoernent and other flees charged by the leadar as a percentage of the mortgage loan (wwhKbgg any mortgage insmaarn prams or VA funding fee) not to exceed % (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 Bayer the n9bi to guarantee an interest rate at or below the Maximum HReaest Rate specified herein with the ptu Ans of or below the amount qmctCd herein. Bayer gives Seiler the right, at Seller's sole option and as permitted by the mortgage lender and applicable laws, to comn'bute finanaally, without promise of reimburazaam, to the B»yar and/or mortgage leiderr to make the above terms available to Buyer. (B) Within 3 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 above to a rile mortgage lender. The Broker for Buyer, N any, otherwise the Broker for Seller, b authorized to communicate with the mortgage lender for tike purposes of asdsftgin ffie mortgage loan pprocess (C) 1. Mortgage commitment date DELr If a written commitment is not received by Seller by the above date, Buyer and Seller agree to extend the mortgage comotttmeut inter vaill Seller teraiaates this Agreement in wrg by notice to Bayer. 2. Upon receipt of a mortgage commitment, Bayer will promptly deliver a copy of the COmmltmout to Seller. 3. Seller has the option to terminate this Agreement in writing, after the mortgage commitment hate if the mortgage commitment: a. Is not valid until the date of fit, OR b. Is conditioned upon the sale and settlement of any other property, OR C. Contains any other condition not wed in this Agreement that is not satisfiett and/or removed in writing by the mortgage lender within 7 DAYS after the mortgage oommi/veart dole in paragraph 6 (C) (1). 4. If this Agreement is terminated as specified in puagrgk 6 (C) (1) or (3), or the mortgage ktari'is not obtained for settlement, all deposit manes paid on account of pumbasa price will be rdurmd to Buyer : Bayer wall be responale for any premiums for mechanics' lien insiomnce and/or We search, or fee for cancellation of same, if any, AND/Oft PREPARED BY: THOMAS S. MLTROS, BROKER011MER AIS-2K- Standard Agreement For The Sale Of Real Estate, 01/02. Pennsylvania Assxishim of REALTORSO COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS&2002 ReWFA$T® S +0t ?/?}, t?/ Version 6.16. Software Registered to: THOMAS S MITROS, REAW HOMEFINDERS Buyer(s) Inch' 1 ?1ts? n' Pape 2 of 21 ??n\ A Selbr(s) ktneis 93 ary premiums for flood insurance, mine subsidence insurance and/or fire insurance with-extended coverage, or 94 cancellation fee, if any, AND/OR any appraisal fees and charges paid in advance to the mortgage lender. 95 (D) If the mortgage lender requires repairs to the Property, Buyer will, upon receipt, deliver a copy of the mortgage lender's 96 requirements to Seller. Seller will, within 5 DAYS of receipt of the mortgage lender's requirements, notify 97 Buyer whether Seller will make the required repairs at Seller's expense. 98 1. If Seller chooses to make the required repairs, Buyer will accept the Property and agree to the RELEASE set forth in 99 paragraph 25 of this Agreement 100 2. If Seller chooses not to make the required repairs, or if Seller fails to respond within the time given, Buyer will, 101 within 5 DAYS, notify Seller in writing of Buyer's choice to terminate this Agreement OR make the 102 required repairs at Buyer's expense and with Seller's permission, which will not be unreasonably withheld. If Seller 103 denies Buyer permission to make the required repairs, Buyer may, within 5 DAYS of Seller's denial, 104 terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned 105 promptly to Buyer and this Agreement will be VOID. 106 (E) Seller Assist 107 ? NOT APPLICABLE 108 APPLICABLE. Seller will pay: 109 $ ?? SD • 00 maximum, toward Buyer's costs as permitted by the mortgage lender. 110 111 FHA/VA, IF APPLICABLE 112 (F) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the 113 purchase of the Property described herein or to incur any penalty by forfeiture of eamest money deposits or otherwise unless 114 Buyer has been given, in accordance with HUD/FHA or VA requirements, a written statement by the Federal Housing 115 Commissioner, Veterans Administration, or a Direct Endorsement Lender setting forth the appraised value of the 116 Property of not less than $ (the dollar amount to be inserted is the sales price as stated in this 117 Agreement). Buyer will have the privilege and option of proceeding with consummation of the contract without regard to 118 the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the 119 Department of Fusing and Urban Development will insure. HUD does not warrant the value nor the condition of ibe 120 Property. Buyer should satisfy bimselFherself that the price and condition of the Property are acceptable. 121 Warning. Section 1010 of 'title 18, U.S.C., Department of Housing and Urban Development and Federal Housing 122 Administration Transactions, provides, "Whoever for the purpose of ... influencing in any way the action of such 123 Department, makes, passes, utters, or publishes any statement, knowing the same to be false ... shall be fined under this 124 title or imprisoned not more than two years, orboth" 125 (G) U.& Department of Housing and Urban Development (HUD) NOTICE TO PURCHASERS: Buyer's 126 Acknowledgement 127 ? Buyer has received the HUD Notice Tor Your Protection Get a Home lnspection" (see Notices and Iubiniation on 128 Property Condition Inspections). Buyer understands the importance of getting an independent home inspection and has 129 thought about this before signing this Agreement Buyer understands that FHA will not perform a home inspection nor 130 guarantee the price or condition of the Property. 131 Buyer's Initials Date 132 (H) Certification We the undersigned, Seller(s) and Buyer(s) party to this transaction each certify that the terms of this contract 133 for purchase are true to the best of our knowledge and belief; and that any other agreement entered into by auy of these 134 parties in connection with this transaction is attached to this Agreement. 1357. INSPECTIONS (1-02) 136 (A) Seller agrees to permit inspections by authorized appraisers, reputable certifiers, insurers representatives, surveyors, 137 municipal officials and/or Buyer as may be required by the mortgage lender, if any, or insuring agenxies. Seller further 138 agrees to permit any other inspections required by or provided for in the terms of this Agreement Buyer has the right to 139 attend all inspections. 140 (B) Buyer reserves the right to make a pre-settlement walk-through inspection of the Property. Buyer's right to make this 141 inspection is not waived by any other provision of this Agreement. 142 (C) Seller will have heating and all utilities (including fuel(s)) on for the inspections. 143 (D) All inspectors, including home inspectors, are authorized by Buyer to provide a copy of any reports to Broker for Buyer. 1448. PROPERTY INSPECTION CONTINGENCY (7-04) 145 Other provisions of this Agreement may provide for inspections and/or certifications that are not waived or altered by Buyer's 146 on here. 147 WAIVED. Buyer understands that Buyer has the option to request inspections of the Property (see Prop" Inspection 148 -Notices and Environmental Notices). BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 149 25 of this Agreement 150 ? ELECTED 151 (A) Within DAYS (15 days if not specified) of the execution of this Agreement, Buyer, at Buyer's expense, may choose PREPARED BY: THOMAS S. MI TROS, SROKER/OWNER VS-2K - Standard Agreement For The Sale OF Real Estate, 01/02. Pennsylvania Association of REALTORB® APYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2DD2 2eeIFA$T0 S'?+?p?p?005, Version 6.18. Software Registered to: THOMAS S MftROS, REIMAX FIOMEFlNDERS 3uyer(s)Infti 1, V/'? K? Page 3 of 2' ?l'?\ 11 `W/ S?eg?eKs))IInigak tlV W" 152 to have inspections and/or certifications completed by licensed or otherwise qualified professionals (see Property Inspectiol 153 Notices and Environmental Notices). This contingency does not apply to the following existing conditions and/or items: 154 155 (B) Should Buyer elect to have a home inspection of the Property, as defined in the Pennsylvania Home Inspection Law, (so 156 Information Regarding the Home Inspection Law) such home inspection shall be performed by a full member in goo 157 standing of a national home inspection association, or by a person supervised by a full member of a national homy 158 inspection association, in accordance with the ethical standards and code of conduct or practice ofthat association, a license( 159 or registered professional engineer, or a licensed or registered architect 160 (C) If Buyer is not satisfied with the condition of the Property as stated in any written report, Buyer will: 161 ? Option 1. Within the time given for completing inppections: 162 1. Accept the Property with the information stated in the report(s) and agree to the RELEASE set forth in paragraph 25 o: 163 this Agreement, OR 164 2. Terminate this Agreement in writing by notice to Seller, in which case all deposit monies paid on account of purchase 165 price will be returned promptly to Buyer and this Agreement will be VOID, OR 166 3. Enter into a mutually acceptable written agreement with Seller providing for any repairs or improvements to the 167 Property and/or any credit to Buyer at settlement, as may be acceptable to the montage lender, if any. 168 Should efforts to reach a normally acceptable agreement fail, Buyer must choose to accept the Property or terminate this 169 Agreement within the time gt to for completing inspections and according to the provisions in paragraph 170 8(C) (Option 1) 1 and 2. 171 ? Option 2, Within the time given for completing inspections: 172 1. Accept the Property with the infatuation stated in the report(s) and agree to the RELEASE setforth in paragraph 25 of 173 this Agreement, UNLESS the total cost to correct the conditions contained in the report(s) is more than 174 S 175 2. If the total coat to correct the conditions coined in the rep(at(s) EXCEEDS the amount specified in paragraph 8(C) 176 (Option 2) 1, Buyer will deliver the report(s) to Seller wh idn ffie time gives for inspection. 177 a. Seller will, within 7 DAYS of receiving the report(s), i8ibrnr Buyer in writing of Seller's choice to: 178 (1) Make repairs belbre settlement so that the remaining cost to repair conditions Mated in the report(s) 179 is less than or equal to the amount specified in paragraph 8 (C) (Option 2) 1. 180 (2) Credit Buyer[ at settlement for the AML ce between the estimated cast of quitting the conditions 181 contained inthe report(s) and the amount specified inparagraph 8 (C) (Option 2)1.1"h1 s option mmbbe 182 acceptable to the mortgage lender, if any. 183 (3) Not make repairs and rot credit Buyer at settlement for any costs to repair c ndidaas contained in the 185 b. If Seller chchooos se s to make repairs or credit Buyer at settlement as specified in paragraph 8 (C) (Option 2) 2, 186 Buyer will accept the Property and agree to the RELEASE set fiortb in paragraph 25 df tbis Agreement 187 C. If Seller chooses not to mdw repairs and not to credit Buyer at seitiemmaL or N'Sefier falls to choose any 188 option witlita the time 189 (l1) Accept the Property with the information stated in the reporq) and agree to the RELEASE set forth in 190 paragraph 25 of this Agreement, OR 191 (2) Terminate this Agreement in coating by notice to Seller, in which cm all deposit monies paid an 192 account of purchase pales will be returned promptly to Buyer and this greanMait *ill be VOID. 193 9. WOOD INFESTATION INSPECTION CONTINGENCY (1-02) 194 ? WAIVED. Buyer understmris that Buyer has the option to request that the Property be inspected for wood infestation by a 195 certified Pest Control Operates. BUYER WAIVES THIS OPTION and agrees to the RELEASE ad foo in paragraph 25 of 196 this Agreement 197 ELECTED 198 'lA) Within DAYS (15 days if not specified) of the elrawrbon of this Agreement Buyer, at Bapes's expense, colt 199 obtain a written "Wood-Destroying Insect Infestation Inspection Report" from a certified Peat Control !operator and will 200 deliver it and all supporting its and drawing provided by the Pest Con aol'Operaitorto Seller The report is to be 201 made satisfactory to and in compliance with applicable laws, mortago lendema, and/or Federal Insm#g Bud Ouarartoaing 202 Agency requirements, if any. The inspection well incl uie all readily vkft and accessible areas of as structures on the 203 Property except the following struct ucs, which will not be inspected: 204 205 (B) If the inspection reveals evidence of active infestation(s), Seller agrees, at Seller's expense and before sett, to treat for 206 active infesiffiiou(s), in accordance with applicable laws. 207 (C) If the inspection reveals damage from active infestation(s) or previous infestation(s), Buyer, at Buyers expense, has the option 208 to obtain a written report by a professional contractor, home inspection service, or structural engineer that is limited to 209 structural damage to the Property caused by waoddeshoying organisms and a proposal to repair the damage. Buyer will. 210 deliver the structural damage report and corrective proposal to Seller within 7 DAYS of delivering the original PREPARED BY: THOMAS S. MITROS, BROKER/OWNER A!8-21e - Standard Agreement For The Sale IX Real Esmte. 01102. Pennsylvania Association of REALTORSO COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 ReelFAST® 020?0)5, version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS Buyer(s) In Is ' 1 Page 4 or21 seaer(s) Ak) 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 10 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 inspection report. ' (D) Within 5 DAYS of receiving the structural damage report and correctiveproposal, Seller will advise Buyer whethe 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 agree 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 5 DAYS, will notify Seller in writing of Buyer's choice to: 1. Accept the Property with the defects revealed by the inspection, without abatement of price, and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 1 Make the repairs before settlement, if required by the mortgage lender, if any, at Buyer's expense and with Seller': permission, which will not be unreasonably withheld, in which case Buyer accepts the Property and agrees to tht RELEASE set forth in paragraph 25 of this Agreement. If Seller denies Buyer permission to make the repairs, Buyer may, within 5 DAYS of Seller's denial, terminate this Agreement in writing, in which case all deposi monies paid on account of purchase price will be returned promptly to Buyer and this Agreement will be VOID, OR 3. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returnee promptly to Buyer and this Agreement will be VOID. RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT NOTICE REQUIRED FOR PROPERTIES ZFMT BEFORE 1978 (1-02) NOT APPLICABLE APPLICABLE (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. Seller has knowledge of the presence of lead-based paint and/or lead-based paint hazards in or about the Property. (Provide the basis for determining that lead-based paint and/or hazards exist, the location(s), the condition of the painted surfaces, and other available information concerning Seller's knowledge of the presence of lead-based paint and/or lead-based paint hazards.) (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. 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 Admowledgmant: 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 Emirmmentai Notices). Buyer has reviewed Seller's disclosure of known lead-based paint an//or lead-based paint hazards, as identified in paragraph 10(A) and has received the records and reports pertaining to lead-based paint and/or lead-based paint hazards identified in paragraph 10(B). Buyer's laiitials Date (D) RISK ASSESSMENTANSPECTION: Buyer acknowledges that before Buyer is obligated to buy a residential dwelling built before 1978, Buyer has 10 DAYS to conduct a risk assessment or inspection of the Property for the presence of lead based paint and/or lead-based paint hazard& WANED. Buyer understands that Buyer has the right to conduct a risk assessment or inspection of the Property to determine the presence of leadbasedpaint and/or lead-based paint hazards. BUYER WAIVES THIS RIGHT and agrees to the RCELEDASE set forth in paragraph 25 of this Agreement ELE L Buyer, at Buyer's expense, chooses to obtain a risk assessment and/or inspection of the Property for lead-based paint and/or lead-based paint hazards. The risk assessment and/or inspection will. be completed within 10 DAYS of the execution of this Agreement 2. Within the time set forth above for obtaining the risk assessment and/or inspection of the Property for lead-based paint and/or lead-based paint hazards, Buyer may deliver to Seder a written list of the specific hazardous conditions cited in the report and those corrections requested by Buyer, along with a copy of the risk assessment and/or inspection report. 3. Seller may, within 7 DAYS of receiving the list and report(s), submit a written corrective proposal to Buyer. The. corrective proposal will ionhrde, but not be limited to, the time of the remediation company and a projected completion date for corrective measures Seller will provide certification from a risk assessor or inspector that corrective measures have been satisfactorily completed on or before the projected completion date. 4. Upon receiving the corrective proposal, Buyer, within 5 DAYS, will: a. Accept the corrective proposal and the Property in writing, and agree to the RELEASE set froth 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. 'REPARED BY: THOMAS S. MITROS, BROKER/OWNER VS-2K - Standard Agreemant For The Sale Of Real Estate, 01/02. Pennsylvania Association of REALTORSO :*PYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS& 2002 'iea1FAST® / Version 6.16. Software Reglstared to: THOMAS S Mn7=, RE&W HOMEFINDERS 3uyer(s) I 1 ' ` Page 6 of 2' ler(s'hdtlela 271 5. ~ Should Seller fail to submit a written corrective proposal within the time set forth in paragraph 10(D)3 of this 272 Agreement, Buyer, within 5 DAYS, will: 273 a. Accept the Property in writing, and agree to the RELEASE set forth in paragraph 25 of this Agent, OR 274 b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase puce 275 will be returned promptly to Buyer and this Agreement will be VOID. 276 6. Buyer's failure to exercise any of Buyer's options within the time limits specified in this paragraph will 277 constitute a WAIVER of this contingency and Buyer accepts the Property and egrets to the RELEASE ad forth 278 in paragraph 25 of this Agreement. 279 (E) Certification: By signing this Agreement, Buyer and Seller certify the accuracy of their respective statements, to the best C£ 280 their knowledge. 28111. STATUS OF RADON (1-02) 282 (A) Sellerrepresents that Seller has no knowledge concerning the presence or absence of radon unless checked below. 283 ? 1. Seller has knowledge that the Property was tested on the dates, by the mehods (e.g., charcoal canister, alpha track, 284 etc.), and with the results of all tests indicated below. 285 DATE TYPE OF TEST RESULTS (picocories/liter or working levels) 286 287 288 COPIES OF ALL AVAILABLE TEST REPORTS will be delivered to Buyer with this Agreemant. SELLER DOES 289 NOT WARRANT EITHERTEE METHODS ORRESULTS OF THE TESTS. 290 ? 2. Seller has knowledge that the Property underwent radon reduction measures on the date(s) and by the method(s) 291 indicatedbelow. 292 DATE RADON REDUCIIONMEfHOD 293 294 295 RADON INSPECTION CONTINGENCY 296 WAIVED. Buyer understands that Bayer has the option to request that the Property be inspected for radon by a certified 297 inspector (see Environmental Notices: Radon). BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth 298 in paragraph 25 of this Agreement 299 ? ELECTED. Buyer, at Buyer's expense, has the option, to obtain, from a certified inspector, a radon test of the Property, and 300 will deliver a copy of the test repast to Seller within DAYS (15 days if not specified) of the execution of 301 this Agreement (See Environmental Notices: Radon) 302 1. If the test report reveals the presence of radon below 0.02 working levels (4 picoauies/liter), Buyer accepts the 303 Property and agrees to the RELEASE set forthin paragraph 25 of this Agaemeat 304 2. If the test report reveals the puke of radon at or exceeding 0.02 waidng levels (4 picooariea/liter), Buyer will, 305 within 7 DAYS of receipt of the test results: 306 ? Option 1 307 a. Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this Agrecumut, OR 308 b. Terminate this Agreement in writing, in which case all deposit monies paid on account of ptnvhase price will be 309 returned promptly to Buyer and this Agreement will be VOID, OR 310 c. Submit a written, corrective proposal to Seller. The corrective proposal will inchde but not be limited to, the name 311 of the certified mitigation company; provisions for pWmest, irrhidiug retests; and a projeoWd completion date for 312 corrective measures. 313 (1) Within 5 DAYS of receiving the corrective proposal, Seller will: 314 (a) Agree to the terms of the corrective proposal in writing, in which case Buyer accepts the Property and agrees 315 to the RELEASE set forth in paragraph 25 of this Agreement, OR 316 (b) Not agree to the terms of the corrective proposal. 317 (2) Should Seller not agree to the terms of the corrective proposal or if Seller fails to respond wilhmthe time given, 318 Buyer will, within 5 DAYS, elect to: 319 (a) Accept the Property in witting and agree to the RELEASE ad forth in paragraph 25 of this Agreement, OR 320 (b) Terminate this Agreement in writing, in which case all deposit monies paid on woo= of purchase price will 321 be retained promptly to Buyer and this Agreement will be VOID. 322 ? Option 2 323 a. Accept the Property in writing and agree to theRELEASE set forth mparagraph 25 ofthis Agreement, OR 324 b. Submit a written, corrective proposal to Seller. The corrective proposal will include, but not be limited to, the name of 325 the certified mitigation company; provisions for payment, including retests; and a projected comPletim date for 326 corrective measures Seller will pay a maximum of $ toward the total cost of remndiation and 327 retests, which will be completed by settlement. 328 (1) If the total cost of remediation and retests EXCEEDS the amount specified in paragraph 11(B) (Option 2) b, Seller 329 will, within 5 DAYS of receipt of the cost of remediation, notify Buyer in writing of Seller's choice to: PREPARED BY: THOMAS S. MITRO.S, BROKERIOWNER A/5-2K - Standard Agreement For The Sale Of Real Estate, 01102. Pennsylvania Association of REALTORSO COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 ReaIFAfTWIs Version 6.16. Software Registered to: THOMAS 5 MITROS, RE/MAX HOMEFlNDERS Boyar(s) Peg 6 of 27 seneK Ovals *-? 330 331 332 333 334 335 336 337 338 339 34012. 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 37313. 374 375 376 377 378 379 380 381 382 383 384 385 386 387 (a) Pay for the total cost of remediation and retests, in which case Buyer accepts the Property and agrees to IN 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 11(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 5 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 tberoi; 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. STATUS OF WATER (1-02) (A) Seller represents that the Property is served by: Public Water On-site Water Community Water ? None vim) WATER SERVICE INSPECTION CONTINGENCY WAIVED. Buyer admowledges that Buyer has the option to request an inspection of the water service for the Property. BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement - C1 ELECTED 1. Buyer has the option, within DAYS (15 days if not specified) of the execution of this Agreement and at Buyer's expense, to deliver to Seller a written inspection report by a qualified, professional water testing company of the quality and/or quantity of the water service. 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 inspection company. Seller also agrees to restore the Property, at Seller's expense, prior to settlement. 3. If the report reveals that the water service does not meet the minimum standards of any applicable governmental authority and/or fails to satisfy the requirements for quality and/or quantity set by the mortgage lender, if any, then Seller will, within 7 DAYS of receipt of the report, notify Buyer in writing of Seller's choice to: a. Upgrade the water service to the minimum acceptable levels, before settlement, in which case Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR b. Not upgrade the water service. 4. If Seller chooses not to upgrade the service to minimum acceptable levels, or fmb to reapond within the time given, Buyer will, within 5 DAYS, either: a. Accept the Property and the water service and, if required by the mortgage lender, if any, and/or any governmental authority, upgrade the water service before settlement or within the time required by the mortgage lender, if any, and/or any governmental, authority, at Buyer's expense and with Seller's permission, which wi11 not be unreasonably withheld, and agree to the RELEASE setfarth in paragraph 25 of this Agreement. If Seller denies Buyer permission to upgrade the water service, Buyer may, within 5 DAYS of Sellers denial, terminate this Agreement in writing. If Buyer terminates this Ag eeirment, all deposit monies paid on account of purchase price will be retuned promptly to Buyer and this Agreement will be VOID, 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 Agreemeurt will be VOID. STATUS OF SEWER (1-02) (A) Seller represents that the Property is served by. ? X Public Sewer Individual On-lot Sewage Disposal System (See Sewage Notice 1) Tndivirhrwt On-lot Sewage Disposal System in proximity to Well (See Sewage Notice 1; see Sewage Notice 4, if applicable) ? Community Sewage Disposal System ? Ten-acre Permit Exemption (See Sewage Notice 2) ? Holding Tank (See Sewage Notice 3) ? None (See Sewage Notice 1) 0 None Available/Permit Limitations in Effect (See Sewage Notice 5) INDIVIDUAL ON-LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY WAIVED. Buyer acknowledges that Buyer has the option to request an individual on-lot sewage disposal inspection of the Property. BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement. E3 oREPARED BY: THOMAS S. MITROS, BROKERIOWNER VS-2K - Stardard Agreement For The Selo Of Real Estee, 01102. Pennsylvania Ass..Won of REALTORSO ?OPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 ieeIFAST® S o+2/(0p/SJ Version 6.16. Software Registered to; THOMAS S MrrROS, REMIAX HOMEFINOERS 3uyer(s) In' Is /17? Page 7 of 21 4ttA/ er(?e SO 388 ELECTED 389 1. ' Buyer has the option within DAYS (15 days if not specified) of the execution of this Agreement. ant 390 at Buyer's expense, to deliver to Seller a written inspection report by a qualified, professional inspector of the 391 individual on-lot sewage disposal system. 392 2. Seller, at Seller's expense, agrees, if and as required by the inspection company, to locate, provide access to, and emit} 393 the individual on-lot sewage disposal system. Seller also agrees to restore the Property, at Seller's expense, prior tc 394 settlement. 395 3. If the report reveals defects that do not require expansion or replacement of the existing sewage disposal system, Seller 396 will, within 7 DAYS of receipt of the report, notify Buyer in writing of Seller's choice to: 397 a. Correct the defects before settlement, including retests, at SeWs expanse, in which case Buyer accepts the 398 Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR 399 b. Not correct the defects. 400 4. If Seller chooses not to correct the defects, or if Seller fails to respond within the time given, Buyer will, within 401 5 DAYS, either: 402 a. Accept the Property and the system and, if required by the mortgage lender, if any, and/or any governmental 403 authority, sorest the defects before settlement or within the time required by the mortgage lender, if any, 404 and/or any governmental mrthority, at Buyer's sole expense and with Seller's permission, which will not be 405 unreasonably withheld, and agree to the RELEASE set forth in paragraph 25 of ibis Agreement If Seller 406 denies Buyer permission to correct the defects, Buyer may, within 5 DADS of Seller's denial 407 terminate this Agreement in writing, in which case all deposit mosacs paid on account of purchase price will 408 be returned promptly to Buyer and this Agreement will be VOID, OR 409 b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will 410 be returned promptly to Buyer and this Agreement will be. 411 5. If the report reveals the need to expand or replace the existing individual on-lot sewage disposal system, Seller may. 412 within 25 DAYS of receipt of the report, submit a corrective proposal to Buyer. The corrective proposal 413 will include, but not be limited to, the name of the remedistion cbmpalay; prwrsionsfor payment, mdW fug retests; 414 and a projected completion date for corrective measures. Vrithm. 5 DAYS of receiving Seller's corrective 415 proposals, or if no corrective propowl is received wft63n the due given, Buyer na71: 416 a. Agree to the terms of the carrective proposal, if any, in writing, in which case Buyer accepts the Property and 417 agrees to the RET ASB sdtbrth inpa 25 o€thffiAgroddoat, OR 418 b. Accept the Property and the system and, ff requited by the mogrt c leader, if any, andla any governmental 419 authority, correct the dtrillem belbre settlement. or within the tlali mpi red by the mortgage lender, if say, 420 and/or any governmental authority, at Buyer's sole, eatpeure and wi* Sellars per passion, which will M be 421 unreasonably withheld, and agree to the kMZASE set fm& in pettapVb 25 of this Agreement If Seller 422 denies Buyer permissim to correct the defects, Bayer may, within 5 DAYS of Sellers denial 423 terminatiethis Agreement in writing, in which case; all deposit atoniesppoid on account of purchase price willbe 424 returned promptly toBgw and this Agr'eemew willibe V6M, OR 425 c. Terminate this Agrecesaht in writing, in which coat aU paid on account of purchase price will 426 be returned promptly to Buyerand WS Agreement willbe 42714. NOTICES, ASSESSMENTS A CBWMPICATSS OF OCCUPANCY (7-84) 428 (A) Seller Scots, as of Bullets execution of this Agreement, that no public t condo,nini,,,,, or homeowner 429 assDmabon asseasmeats have been made aping the Property which tumors and that no notice by say government or 430 public authority has been served upon Seller or anyone on Seller's behalf; trotlces relating to violations Of 2o=g, 431 housing, bmlding, safety or fire ordinances which remain uncorrected, ail' that knows of no condign that would 432 constitute violation of any such ordinances which remains uncorrected, umlea otbetwin specified III= 433 434 (B) Seller knows of no other potential notices (including violations) and assessments except as thllows: 435 436 (C) In the event any notices (mclnding vfdatims) and assessments are received after execution of this Agreement and before 437 settlement, Seller will no*Buyer inwnting,within 5 DAYS afreceivngthemticeora that Sellerwill: 438 1. Comply with notices and assessments at Seller's expense, in which case Buyer accepts the Property and agrees to the 439 RELEASE setforthin paragcaph25 of this Agreement, OR 440 2. Not comply with notices and assessments at Seller's expense. 441 3. If Seller chooses not to comply with notices and assessments, or fags within the time Oven lo notify Buyer if Seller 442 will comply, Buyer will notify Seller within 5 DAYS in writing thatBoyer Will either: 443 a. Comply with the notices and assessments at Buyer's expense and agree to the RELEASE set firth in paragraph 444 25 of this Agreement, OR 445 b. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned 446 promptly to Buyer and this Agreement will be VOID. 447 if Buyer fails to notify Seller within the time given, Buyer accepts the Property and agrees to the PREPARED BY: THOMAS S. MITROS, BROKER/OWMER AIS-2K - Standard Agreement For The Sale OF Real Estate, 01102. Penmykwle Aswckdon of REALTORSO COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS@ 2002 ReaIFA$T® 02005, Version 6.16. Softare Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS Buyer(s) I . Page 8 of 2' Seller(s) h 448 RELEASE set forth in paragraph 25 of this Agreement. 449' (D) Buyer is advised that access to a public road may require issuance of a highway occupancy permit from the Department of 450 Transportation. 451 (E) if required by law, within 15 DAYS of the execution of this Agreement Seller will order for delivery to Buyer, 452 on or before settlement: 453 1. A certification from the appropriate municipal department or departments disclosing notice of any uncorrected violation 454 of zoning, housing, building, safety or fire ordinances, AND/OR 455 2. A certificate permitting occupancy of the Property . In the event repairs/improvements are required for the issuance of 456 the certificate, Seller will, within 5 DAYS of Seller's receipt of the requirements, notify Buyer of the 457 requirements and whether Seller will make the required repairs/improvements at Seller's expense. 458 If Seller chooses to make the required repairs/improvements, Buyer agrees to accept the Property as repaired and agrees to 459 the RELEASE set forth in paragraph 25 of this Agreement. If Seller chooses not to make the required repairshmprovements, 460 Buyer will, within 5 DAYS, notify Seller in writing of Buyer's choice to terminate this Agreement OR make the 461 repairs/improvements at Buyer's expense and with Seller's permission, which will not be unreasonably withheld. Y Seller 462 denies Buyer permission to make the required repairs or if Seller fails to respond within the time given, Buyer may, 463 within 5 DAYS, terminate this Agreement in writing, in which case all deposit monies paid on account of 464 purchase price will be returned promptly to Buyer and this Agreement will be VOID. 465 (F) The Property is not a "recreational cabin" as defined in the Pennsylvania Construction Code Act unless otherwise stated here 466 (see Notice: Regarding Recreational Cabins): 46715. TITLE, SURVEYS, & COSTS (1-02) 468 (A) The Property is to be conveyed free and clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the 469 following: existing deed restrictions, historic preservation restrictions or ordinances, building restrictions, ordinances, 470 easements of roads, easements visible upon the ground, easements of record, privileges or rights of public service companies, 471 if any, otherwise the title to the above described real estate will be good and marketable and such as will be insured by a 472 reputable "Title Insurance Company at the regular rates. 473 (B) Buyer will pay for the following: (1) Title search, title insurance and/or mechanics lien insurance, or fee for cancellation 474 of same, if any, (2) Flood insurance, fire insurance with extended coverage, mime subsidence insurance, and fee for 475 cancellation of same, if any, (3) Appraisal fees and charges paid in advance to mortgage lender, if any, (4) Buyer's 476 customary settlement casts and accruals 477 (C) Any survey or surveys which may be required by the Title Insurance Company or the abstracting attorney for the preparation 478 of an adequate legal description of the Property (or the correction thereaf) will be secured and paid for by Seller. Any 479 survey or surveys desired by Buyer or required by the mortgage lender will be secured and paid for by Buyer. 480 (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 481 at the regular rates, as specified in paragraph 15(A), Buyer will base the option of: (1) taking such title as Seller can give 482 with no change to the purchase price; or (2) being repaid all monies paid by Buyer to Seller on account of purchase price 483 and being reimbursed by Seller for any costs incurred by Buyer for any inspections or certifications obtained according to 484 the terms of the Agreement, and for those items speed in paragraph 15(B) items (1), (2), (3) and in paragraph 15(C), in 485 which case there will benofarther liability or obligation on either ofthe parties hereto and this Agreement willbecome VOID. 48616. ZONING CLASSIFICATION (1-02) 487 Failure of this Agreement to contain the zoning classification (except m cases where the property (and each parcel thereof; if 488 subdividable) is zoned solely or primarily to permit single-family dwellings) will render this Agreement voidable at the option 489 of the Buyer, and, if voided, any deposits tendered by. Buyer will be returned to the Buyer without any requirement for 490 court action. 1 491 Zoning Classification: 492 ? ELECTED. Within 15 DAYS of the ex 'on this Agreemem, Buyer will verify that the existing use of the 493 Property as ispermitted. 494 In the event the use is not permitted, Buyer will, within the time given for verification, notify Seller in writing that the 495 existing use of the Property is not permitted and this Agreement will be VOID, in which case all deposit monies paid on 496 account of purchase price will be returned promptly to Buyer. Buyer's failure to respond within the time giver will 497 constitute a WAIVER of this contingency and all other terms of this Agreement remain in fall force and effect. 498 17. rNO NOTICE 499 T APPLICABLE 500 PLICABLE 501 THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE To THE COAL AND 502 RIGHTS OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REMUIED TO HEREIN, AND TEE 503 OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL SUCH COAL 504 AND IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, 505 BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. (This notice is set forth in the mauner provided in Section 1 506 of the Act of July 17, 1957, P.L. 984.) "Buyer acknowledges that he may not be obtaining the right of protection against PREPARED BY: THOMAS S. MITROS, BROKERK WHER AIS2K - Standard Agreement For The Sale Of Real Estate, 01102. Pennsylvania Association of REALTORSO COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 ReaIFA$T®So.Rw1af9%//?2/0(0/?/Version 6.16. Software Registered tD: THOMAS S MITROS, RE/MAX HOMEFINDERS Buyer(s) Initi4ls l/ /[? ! V Page 9 of 21 Seller(s) mnra 4 507 subsidegee resulting from coal mining operations, and that the property described herein maybe protected from damage due tt 508 "'mine subsidence by a private contract with the owners of the economic interests in the coal. This ackuowledgmebt is made fa 509 the purpose of complying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservatia 510 Act of April 27, 1966." Buyer agrees to sign the deed from Seller which deed will contain the aforesaid provision 51118. POSSESSION (1-02) 512 (A) Possession is to be delivered by deed, keys and: 513 1. Physical possession to vacant Property free of debris, with all structures broom-clean, at day and time of settlement 514 AND/OR 515 2. Assignment of existing lease(s), together with any security deposits and interest, at time of settlement, if Property i 516 leased at the execution of this Agreement or unless otherwise specified herein. Buyer will acknowledge exiistinl 517 lease(s) by initialing said leases(s) at time of execution of this Agreement. 518 (B) Seller will not enter into any now leases, written extension of existing leases, if say, or additional leases for the Propert} 519 without the written consent of Buyer. 52019. RECORDING (3-85) This Agreement will not be recorded in the Office for the Recoiling of Deeds or in any other office ox 521 place of public record and if Buyer arises or permits this Agreement to be recorded, Seller may elect to treat such act as t 522 breach of this Agreement. 523 20. ASSIGNMENT (3-85) This Agreement will be binding upon the parties, their respective hears, personal representatives 524 guardians and successors, and to the extent assignable, on the assigns of the parties hereto, it being expressly understood, 525 however, that Buyer will not transfer or assign this Agreement without the written consent of Seller. 526 21. DEPOSIT & RECOVERY FUND (1-02) 527 (A) Deposits paid by Buyer within 30 DAYS of settlement will be by cash, cashier's or certified cbeck. Deposits, 528 regardless of the form of payment and the person designated as payee, will be paid in U .S. Dollars to Broker or party 529 identified in paragraph 3(B), who will retain them in an escrow aecamt nntil omsummabon or termination of this 530 Agreement in CDDbMUty with all applicable laws and regulations. Any washed check tendered as deposit monies may 531 be held pending the acceptance of this offer. 532 (B) Upon termination of this Agreement, the Broker holding the deposit monies will release the deposit monies in accordance 533 with the terms of a fully executed written agreement between Buyer and Seller. 534 (C) In the event of a dispute over entitlement to deposit monies, a broker holding the deposit monies is required by the Rules 535 and Regulations of the State Real Estate Commission (49 Pa Code §35.327) to retain the monies in escrow until the &Tate 536 is resolved In the event of litigation for the ref of deposit mlffiies, a broker wf dishibete the monks as directed by a final 537 order of court or the written Agreement of the parties. Buyer and Seller agree that, in the event may broker or affiliated 538 lic®see is joined in litigation for the return of deposit monies, the attorneys' fees and cools of the broker(s) and licensee(s) 539 will be paid by the partyjoining: them 540 (D) A Real Estate Reommy Fund exists to rema arse any persons who have kbtamed a final civil judgment against a 541 Pennsylvania real estate licensee owing to fraud, mraepreamtarion, or decealt in aired estatetraaesctian and who have been 542 unable to collect the judgment after exhausting all legal and equitable remedies. Ilar complete details about the Fund, call 543 (717) 783-3658, or (800) 822-2113 (within Pennsylvania) and (717) 793-4$34'(emsidePennsylvan a). 544 22.NDOMINIUM / PLANNED COMMUNYPY (HOMEOWNER ASSOCIAT11E M MAU N=CE (1-02) 545 J81, NOT APPLICABLE 546 r[] APPLICABLE: CONDOMINIUM Buyer aclmowledges that the Property is a unit of a condominium that is primarily run 547 by a unit owras' association §3407 of the Uniform Condominium Act of Pennsylvania requires Shca to furnish Bayer 548 with a Certificate of Reside and copies of the condominium declaration (other than plats and plans), the bylaws, and the 549 rules and regulations of the association 550 ? APPLICABLE: PLANNED COMMUNITY (BONEOWNER ASSOCIATION). Buyer acknowledges that the Property is 551 part of a planned community as defizccl by the Uniform Planned Community Acct (See Definition of Planted Commrnnty 552 Notice). §5407(a) of the Act requires Seller to fir wish Buyer with a copy of the Declaration (other than plats and ply), the 553 bylaws, the rules and regulations of the association, and a Certificate containing the provisions M forth in §5407(a) of the 554 Act. 555 TBE FOLLOWING APPLIES TO PROPERTIES THAT ARE PART OF A CONDOMINIUM OR A PLANNED 556 COMMUNITY. 557 (A) Within 15 DAYS of the execution of this Agreement, Seller will submit a request to the association for a Certific o 558 of Resale and the documents necessary to enable Seller to comply with the Act. The Act provides that. the association is 559 required to provide these documents within 10 days of Seller's request. 560 (B) Seller will promptly deliver to Buyer all documents received from the association Under the Act, Seller is not liable to 561 Buyer for the failure or delay of the association to provide the Certificate in a timely summer, nor is Shck rliable to Buyer 562 for any erroneous information provided by the association mod included in the Ckrtitfic ate. 563 (C) Buyer may declare this Agreement VOID at any time bemre Buyer's receipt of the aSsociation documents and for 5 days 564 thereafter, OR until settlement, whichever occurs first. Buyer's notice declaring this Agreement void must be in writing; 565 thereafter all deposit monies will be returned to Bayer. PREPARED BY: THOMAS S. MITROS, BROIQ?RIOWNER A/S-2K - Standard Agreement For The Sale Of Real Esfets, 01/02. PennsyNanls Assocfsaon of REALTORSO COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 RmIFA$T® Is Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS Buyer(s) Inia ?, Page 10 of 2' 566 (D) In the event the association has the right to buy the Property (right of first refusal), and the association exercises that right 567 Seller will reimburse Buyer for all monies paid by Buyer on account of purchase price and for any costs incurred by Buye 568 for: (1) Title search, title insurance and/or mechanics lien insurance, or fee for cancellation of same, if any: (2) Floor 569 insurance and/or fire insurance with extended coverage, mine subsidence insurance, or fee for cancellation of same, i 570 any, (3) Appraisal fees and charges paid in advance to mortgage lender, if any. 57123. MAINTENANCE & RISK OF LOSS (1-02) 572 (A) Seller will maintain the Property, grounds, fixtures, and any personal property specifically scheduled herein in its presen 573 condition, normal wear and tear excepted. 574 (B) In the event any system or appliance included in the sale c( the Property fails and Seller does not repair or replace the item 575 Seller will promptly notify Buyer in writing of Sellers choice to: 576 1. Repair or replace the failed system or appliance before settlement or credit Buyer at settlement for the fair market vale 577 of the failed system or appliance (this option must be acceptable to the mortgage lender, if any). In each case, Buys 578 accepts the Property and agrees to the RELEASE set forth in paragraph 25 ofthis Agreement, OR 579 2. Not repair or replace the failed system or appliance, and not credit Buyer at settlement for the fair market value of tlu 580 failed system or appliance. If Seller does not repair, replace or offer a credit for the failed system or appliance 581 or if Seller fails to notify Boyer of Seller's choice, Buyer will notify Seller in writing within 582 5 DAYS or before settlement, whichever is sooner, that Buyer will: 583 a. Accept the Property and agree to the RELEASE set forth in paragraph 25 ofthis Agreement, OR 584 b. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned 585 promptly to Buyer and this Agreement will be VOID. 586 (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 587 casualties to any property included in this sale that is not repaired or replaced prior to settlement, Buyer will have the option 588 of rescinding this Agreement and promptly receiving all monies paid on account of purchase price or of accepting the 589 Property in its then condition together with the proceeds of any insurance recovery obtainable by Seller. Buyer is hereby 590 notified that Buyer may insure Buyers equitable interest in this Property as of the time of execution of this Agreement 59124. WAIVER OF CONTINGENCIES (1-02) 592 If this Agreement is contingent on Buyer's right to inspect and/or repair the Property, Buyer's failure to exercise any of 593 Buyer's options within the time limits sex forth in this Agreement will constitute a WAIVER of that contingency and 594 Buyer accepts the Property and agrees to the RELEASE set forPoi in paragraph 25 of this Agreement. 59525. RELEASE (1-02) 596 Buyer hereby releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES, 597 and any OFFICER or PARTNER of any one of them and any other PERSON, FIRM, or CORPORATION who may be 598 liable by or through them, from any and all claims, losses or demands, including, but not limited to, personal injuries and 599 property damage and all of the consequences thereof, whether now known or not, which may arise from the presence of 600 termites or other wood-boring insects, radon, lead-based paint hazards, environmental hazards, any defects in tine 601 individual an-lot sewage disposal system or deficiencies in the on-site water service system, or any defects or conditions 602 on the Property. Should Seller be in default under the terms of this Agreement, This release does not deprive Buyer of 603 any rigtRs to pursue any remedies that may be available wader law or equity. This release will survive settlement. 604 26. REPRESENTATIONS (1-02) 605 (A) Buyer understands that any representatiolar, claims, advertising, promotional activities, hsochures or plans of any kind made 606 by Seller, Brokers, their licensees, employees, officers or partners are not a part of this Agreement unless expressly 607 incorporated or stated in this Agreement. It is further understood that this Agreement contains the whole agreement 608 between Seller and Buyer and there are no other terms, obligations, covenants, representations, statements or cenditions, 609 oral or otherwise of any kind whatsoever concerning this sale. Furthermore, this Agreement will not be altered, amended, 610 changed, or modified except in writing execatedby the parties. 611 (B) It is understood that Buyer has inspected the Property before signing this Agreement (including fixtures and any 612 personal property specifically scheduled herein), or has waived the right to do se, and has agreed to purchase the 613 Property in its present condition unless otherwise stated in this Agreement Bayer acknowledges that Brokers, Their 614 licensees, employees, offn ers or partners have not made an independent examination or determination of the 615 structural soundness of the Property, the age or condition of the components, environmental conditions, the permitted 616 uses, or of conditions existing in the locale where the Property is situated; nor have they made a mechanical 617 inspection of any of the systems contained therein 618 (C) Amy repairs required by this Agreement will be completed in a workmanlike manner. 619 (D) Broker(s) may perform services to assist unrepresented parties in complying with the terms of this Agreement 620 (E) The headings, captions, and line numbers in this Agreement are meant only to make it easier to find the paragraphs. 62127. DEFAULT (1-02) 622 (A) Seller has the option of retammg all sums paid by Buyer, including the deposit monies, should Buyer: 623 1. Fail to make any additional payments as specified m paragraph 3; OR 624 2. Furnish false or incomplete information to Seller, Broker(s), or the mortgage lender, if any, concerning Buyer's legal or 625 financial status, or fail to cooperate in the processing of the mortgage loan application, which acts would result in the PREPARED BY: THOMAS S. MITROS, BROKER/OWNER AIS-2K - Standard Agreement For The Sale Of Real Estate.01 /02. P,mnsyKmnia Association of REALTORSO COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 Rae1FAST%S ¢0005, Version 6.16. Software Registered to: THOMAS S MI ROS, REIMAX HOMEFINDERS 3uyar(s)In/ Page 11 of 21 1?'?. (/ Seller(s) Initials IV 626 fitilure to obtain the approval of a mortgage loan commitment; OR 627 3. Violate or fail to fulfill and perform any other terms or oonditions of this Agreement. 628 (B) Unless otherwise checked in paragraph 27 (C),> Seller may elect to retain those sums paid by Buyer, inblLding deposi 629 monies, in one of the following manners: 630 1. On account of purchase price, OR 631 2. As monies to be applied to Sellers damages, OR 632 3 As liquidated damages for such breach 633 (C) Seller is limited to retaining sums paid by Buyer, including deposit monies, as liquidated damages. 634 (D er retains all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to paragraph 27 (B) o: 635 (C), Buyer and Seller will be released from fiuther liability or obligation and this Agreement will be VOID. 63628. MEDIATION (7-96) 637 NOT AVAILABLE 638 WAIVED. Buyer and Seller understand that they may choose to mediate at a later date, should a dispute arise, but tha': 639 there will be no obligation on the part of any party to do so. 640 ? ELECTED 641 (A) Buyer and Seller will try to resolve any dispute or claim that may arise from this Agreement through mediation, 642 in accordance with the Rules and Procedures of the Home Sellm%/Home Buyers Dispute Resolution System. A113 643 agreement reached through a mediation conference and signed by the parties will be binding. 644 (B) Buyer and Seller acknowledge that they have received, read, and underond the Rules and Procedures of the Home 645 Sellers/Home Buyers Dispute Resolution Syslt M (See Mediation Notice.) 646 (C) This ap==t to mediate disputes arising fiom this Agreement will survive settlement 647 29. SPECIAL. CLAUSES (1-02) 648 (A) The following are part of this Agreement hf checked: 649 ?Sale&SettlementofOtherPropetty 0Settlement ofOtherPropertyContingency Addendam(PARFormSOP) 650 Contingency Addendum (PAR Farm SSP) ? Tenant Occupied Propierty Addendum (PAR Form TOP) 651 ? Sale & Settlement of Other Property ? 652 Contingency with Right to Continue ? 653 Marketing Addendum (PAR Form SSP-CM) ? 654 655 Let) /ymp, &4ihJ x GTr.. C6 656 657 Buyer and Seller acknowledge receiving a copy of this Agreement at the time of signing. 658 659 NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BOWING CONTRACT. Retwn by facsimile 660 transmission (FAX) of this Agreement, and all addenda, hearing the siVisi u es of all parliks, eanatltotea aptep ance of this 661 Agreement. Parties In this transaction are advised to consult an attorney bore sftft NAey dsimbJ& advttx. 66 663 Buyer has received the Consumer Notice as adopted by the State Real Estate Commirisa at 49 Pa. Code § 35.336• Boger has received a statement of Bayer's estimated dosing costs beforfsigohsgthis Agreement. 66 Buyer has read and understands the notices and explanatory infaraWios snt faith in this Agreement. 666 Buyer has received a Seller's Property Disclosure Slatament before signing this Agreement, if required by law (see 667 Ioforpaation Regarding the Real Estate Seller Disclosure Law} 668 Bayer has received the Deposit Money Notice (for cooperative sales whm Broker for Seller is holding deposit money) 670 BUYEbefore signing this Agreement / .? ` 1^wh R'S MAILING DRESS: ?" 671 Gl 1 ?" f7S 672 BAYER'S wimrass strxxx Dams - yy'vN IG?iY?/ 673 674 Seller hereby approves the &OW contract this (date) 5 - ?? PREPARED BY: THOMAS S. MITRO.S, BROKERIOMER AIS-2K - Standard Agnsemerd For The Sale Of Real Estate, 01102. Pennsylvania Association of REALTORSO COPYRIGHT PENNSYLVAMA ASSOCIATION OF REALTORSO 2002 Re& FA$T®Soaware, 02005, Verslon 6.16. Soft a Registered to: THOMAS S MITROS, REIMAX HOMEFINDERS Papa 12 er 21 t seller(STIM" 675 In consideration of the services rendered in procuring the Buyer, Seller agrees to pay the named Broker for' Seller a fee m `? °/r? oflfrom specified sale price. In the event the 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 f 676 6770 Seller has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code § 35.336. 6780 Seller has received a statement of Seller's estimated closing costs before signing this Agreement. 67911 Seller has read and understands the notices and explanatory information set forth in this Agreement. 680 SELLER'S MAILING ADDRESS: 681 _ 682 SELLER'S CONTACT NUMBER(S) 683 684 Brokers'/Licensees' Certifications (check all that are applicable): 6850 Regarding Lead-Based Paint Hazards Disclosure: Required if Property was built before 1978: The undersigned Licensees 686 involved in this transaction, on behalf of themselves and their brokers, certify that their statements are true to the best of their 687 knowledge and belief. 688 Acknowledgment: The Licensees involved in this transaction have informed Seller of Seller's obligatious under The Residential 689 Lead-Based Paint Hazard Reduction AM 42 U.S.C. § 4852(d), and are aware of their responsibility to ensure compliance. 690 6910 Regarding FHA Mortgages: The undersigned Licensees involved in this transaction, on behalf of themselves and their 692 brokers, certify that the terms of this contract for purchase are true to the best of their knowledge and belief and that any other 693 agreement entered into by any of these parties in connection with this transaction is attached to this Agreement. 694 6950 Regarding Mediation: The undersigned 0 Broker for Seller ? Broker for Buyer agree to submit to mediation in accordance 696 with paragraph 28 of this Agreement. 697 698 BROKER FOR SELLER 699 ACCEPTED BY /A,. DATE 700 701 BROKER FOR BUYER (Co 702 ACCEPTED BY nU PARED BY: THOMAS S. METROS, BROKERKWMFR JS.2K-Standard Agreement For The Sale Of Real Estate, 01102. PennayKmnia Association of REALTORSO :OPYRIGHT PENNSYLVANIAASSOMATION OF REALTORSO 2002 :esIFAST®?, G ODS, Version 5.16. SoRware Registered to: THOMAS S METROS, REIMAX HOMEFINDERS aryer(s) Is Is Paget of 27 NOTICES AND INFORMATION INFORMATION REGARDING TAX PRORATION For purposes of prorating real estate taxes, the "periods covered" by the tax bills are as follows: for all counties and municipalities ii Pennsylvania, and for the Philadelphia, Pittsburgh, and Scranton school districts, the tax bills are for the period January 1 u December 31. For all other school districts, the period covered by the tax bill is July 1 to June 30. COMMUNICATIONS WITH BUYER AND/OR SELLER Whenever this Agreement contains a provision that requires or allows communication/delivery to a Buyer, said provision shall be satisfied by communication/delivery to the Broker for Buyer, if any. If there is no Broker for Buyer, all such provisions may be saeist-rei only by communication/delivery being made directly to the Buyer, unless otherwise agreed to by the patties. Whenever this Agreement contains a provision that requires or allows communication/delivery to a Seller, said provision shall be satisfied by communication/delivery to the Broker for Seller, if any. If there is no Broker for Seller, all socm provisions my be satisfied only by communication/delivery being made directly to the Seller, unless otherwise agreed to by the pasties. NOTICE TO BUYERS SEEKING MORTGAGE FINANCING The appraised value of the Property is used in determining the maximmn amount of the loan and may be differentt from the purchase price and/or market value. NOTICES AND INFORMATION ON PROPERTY CONDITN)N JNSPZCTN)NS U.S, Department of Hondas and Urban Development FHA Loans: For Your Protection: Get a Hoare Inspection Why a Buyer Needs a Home Inspection A home inspection gives the buyer more detailed information about the overall condition of the home prior to paiclwe. In a home inspection, a qualified inspector takes anin-depth, unbiased look at yourpoteaztial new home to: • evaluate the physical condition: sinicture, constuction, and mechanical systems. • identify items that need tube repaired or replaced • estimate the remslmngumfol I& of the major systems, equipment, stmcmre, and finishes Appraisals are Different from Home Inspections An appraisal is different frem a home inspection. Appraisals are for lenders; home inspections are forbuyers. An appraisal is repaired for three reasons: • to estimate the market value of a house • to make sine that the hose mews K-1A mimmnm property standards(requirernents • to make sure that the house is marketable FHA Does Not Guarantee the Value or Condition of your Potential New Home If you find problems with your new home after closing, FHA can not give or lend you money for repairs, and FHA can not buy the home back from you. Radon Gas Testing The United States Environmental Protection Agency and the Surgeon General ofthe United States hate recommended that all houses should be tested for radon. For more information on radon testing, call the National Radon Information Line at 1-800-SOS-Radon (1500-644-6999). As with a home inspection, ifyon decide to test for radon, you may do so before signingyour contract, or you may do so after signing the contract as long as your contract states the sale of the home depends on your satis8mclion with the results of the radon test Be an Informed Buyer It is your responsibility to be an informed buyer. Be sure that what you buy is satisfactory in every respect. You have the right to carefully examine your potential new home with a qualified home inspector. You may arrange to do so before sigmag your contract, or may PREPARED BY: THOMAS S. MTROS, BROKERIOWNER RIS-2K- Standard Agreement For The SW Of Rash Estate, 01)02. Parawfivanie Assockdon of REALTORSO COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 Ree1FA5T® Version 6.16. Software Registered to: THOMAS S MITROS, REIMAX HOMEFINDERS Pao* 14 of 21 3uyer(s) is /?? n p M seserta) insials VV -/ do soaftersigningthebontract aslong asyourcontractstatestbat thesaleofthehomedependsontheinspwdm. PROPERTY INSPECTION NOTICES Properly Inspection: Inspections of the Property can be performed by professional contractors or a home inspector and may include inspections of structural components; roof; exterior windows and exterior doors; exterior siding, fascia, gutters, and downspouts; appliances; electrical, plumbing, heating, and cooling systems; water penetration; and any other items Buyer may select Other inspections or certifications might include. Environmental Hazards (e.g., Mold, Indoor Air Quality, Asbestos, Underground Storage Tanks, etc.), Electromagnetic Fields, Wetlands Inspection, Flood Plain Verification, Property Boundary/Square Footage Verification, and any other items Buyer may select Buyer is advised to investigate easements, deed and use restrictions (including any historic preservation restrictions or ordinances) that apply to the Property and to review local zoning ordinances. Flood Plains: If the Property is located in a flood plain, Buyer may be required to carry additional insurance. Property Boundary/Square Footage: Buyer is advised that Seller has not had the Property surveyed and that any fences, hedges, walls and other natural or constructed barriers may or may not represent the true boundary lines of the Property. Buyer is also advised that any numerical representations of square footage of the structure(s) and/or lot size are approximations only and may be inaccurate. Buyer is advised to engage a professional surveyor or obtain an independent measurement of the structure(s) and/or lot size if Buyer wishes to make this sale contingent on Buyer's approval of the Property's boundaries or square footage. Water Service: Buyer may elect to have the water service inspected by a professional water testing company. In addition, on-site water service systems may have to meet certain quality and/or quantity requirements set by the municipality or the mortgage lender. Wood-Destroying Imect Infestation: Insects whose primary source of flood is wood, such as termites, wood-boring beetles, carpenter ants, carpenter bees, and certain other insects, can cause damage to the woad structure of a residence. Termite and Pest Control companies are available to make inspections to determine whether wood-destroying insects are present. Because of the way these insects function, damage to wood may be hidden. Careful selection should be made of skilled experts in the termitelpest control field to insure a proper determination of whether wood- boring insects or resultant damage is present Exterior Insulation and Finish Systems (EIF'S): Exterior Insulation and Finish Systems - sometimes referred to as synthetic stucco - are multi-layered wall systems that are applied to the exterior of some homes. Poor or improper installation of EIS may result in moisture penetrating the surface of a structure where it may cause damage to the building's frame. Leakage most frequently occurs near doors and windows, gutters, the roof connection, and at the lowermost edge of the exterior surface . Vuulnerability to leakage depends m structure design as well as the expertise and application skills of the contractor. Damage caused by water intrusion may be bath extensive and expensive to repair but may go undetected in the absence of an adequate inspection. Buyers purchasing homes with E1FS construction may seek to engage an inspector experienced in testing the EIFS related problems who can determine the moisture content of the building's frame. INFORMATION REGARDING THE HOME INSPECTION LAW 68 Pa. C.S.A. §7501, et. seq. Applicability: In general, the Home Inspection Law applies to residential real estate transfers. A residential real estate transfer is defined as a sale, exchange, installment sales contact, lease with an option to buy, grant or other transfer of an interest in real property where NOT LESS THAN ONE AND NOT MORE THAN FOUR RESIDENTIAL DWELLING UNITS are invoNed. See Information Regarding The Real Estate Seller Disclosure Law (exceptions 1,8) for a list of exceptions to this general rule. Home Inspection: A comet asive, visual examination of some combination of the mechanical, electrical or plumbing systems or the structural and essential components of a residential dwelling designed to identify material defects in those systems and components, and performed for a fee in connection with or preparation for a proposed or possible residential real estate transfer. The term also includes any consultation regarding the property that is represented to be a home inspection or that is described by any confusingly simil e term. The term does not include an examination of a single system or component of a residential dwelling such as, for example, its electrical or plumbing system or its toot. The term also does not include an examination fiat is limited to inspection for, or of, one or more of the fallowing: woad destroying insects, underground tanks and wells, septic systems, swimming pools and spas, alarm systems, air and water quality, tennis courts and playground equipment, pollutants, toxic chemicals and environmental hazards. The scope of a home inspection, the services to be performed and the systems and conditions to be inspected or excluded from inspection may be defined by a contract between the home inspector and the client Home inspection report: A written report on the results of a horse inspection A home inspection report shall include: PREPARED BY: THOMAS S. MITRDS, BROKERIOWNER 4/S-21( - Standerd Agreemerd For The Sale OF Red Estee, 01/02. Pennsylvania Assodetion of REALTORSO OOPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 ReeIFA$T19?OOg, Verson 6.18. Soawars Registered ro: THOMAS S MITRO.S, RE/MAX HOMEFINDERS 3vyer(s)m ds ?1)1)SS" 1 Page 76 of 21 Seller(s) hauls (1) A description of the scope of the inspection, including without limitation an identification of the structural elements, systems am sub1stems covered by the report. (2) A description of any material defects noted during the inspection, along with any recommendation that certain experts be retainer to determine the extent of the defects and any corrective action that should be taken. A "material defect" that poses an unreasonable risk to people on the property shall be conspicuously identified as such A home inspector shall not express either orally or in writing an estimate of the cost to repair any defect found during a home inspection, except that such an estimate may be included in a home inspection report if. (1) the report identifies the source of the estimate, (2) the estimate is stated as a range of costs; and (3) the report states that the parties should consider obtaining an estimate from a contractor who pedbrms the type of repair involved. Seller shall have the right, upon request, to receive without charge a copy of any inspection report from the party for whom it was prepared. Home inspector: An individual who performs a home inspection National home inspectors association: Any national association of home inspectors that: (1) Is operated an a not-for-profit basis and is not operated as afronchise. (2) Has members in more than ten states. (3) Requires that a person may not become a full member unless the person has performed or participated in mare than 100 home inspecti ons and has passed a recognized or accredited erami nation testing knowledge oftheproper paoaemues for oondacting a home inspecd (4) Requires that its members comply with a code of conduct and attend continuing professional education classes as an ongoing condition ofinembership. A buyer shall be entitled to rely in gDod faith, without independent investigation, on a written ICpres mVation by a home inspector that the home inspector is a flan member in good standing of a national home iaspaxion associadon. Material defect: A problem with a residential real property or any potion of it that would have a significant adverse impact on the value of the property or that imrohw an unreasonable risk to people on the property. The fact that a dal element, syderwor aabsy*= is near, at or beyond the end of the normal useful liSe of such a structural ek mend, system or subsyssem is not by hwV a material dialect ENVIRONMENTAL NOTICES Asbestos: The heat-resistant and durable nature of asbestos makes it usdd in construction and mdoatiy The physical properties that give asbestos its resistance to heat and decay are linked with several adverse human health effects. Asbestos can easily break into microscopic fibers that can remain suspended in the airfor long periods of time. When inhaled, these fibers easily peehate body tissue. Asbestos is known to cause Asbestosis and various foams of cancer. Inquiries or requesin 3or ms?ie information about asbestos can be directed to the U.S. Environmental Protection Agency, Arid Rios Building, 1200 Pennsylvania Are., N.W., Washington, DC 20460, and/or the Department of Health, Comma nweatth of PeamrAvan* Division of Environmental Health Harrisburg, PA 17120. Mectromagsiede Pleads: Electromagnetic Fields (EN Fs) Dceur around all electrical appliances and power 1me& Cauclnsive evidence that EMFs pose health risks does not exist at presen; and Peanr*ama has not ms regaiding this issa. Environmental Hazards: The U.S. Environmental Protection Agency has a list of hazardous substances, the use and disposal of which are restricted by law. Generally, if hazardous substances are found on a property, it is the property ownses rensptianwity to dispose of them properly. For more information and a list of hazardous substances, contact U .S. Envitun®mtd Protection Agency, Arid Rios Building, 1200 Pennsylvania Ave., NW, Washington, DC 20460, (202) 260-2090. Wetlands: Wetands are protected by both the federal and state governments. Buyer may wish to have the Property inspected for wetlands by an environmental engineer to determine if permits for plans to build, improve, or develop die property would be affected or denied because, of wetlands. Lead: (For Properties built before 1978) Lead Warning Statement: Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young chitdnen at risk of developing lead poisoning. lead poisoning in young children may produce permanent neurdogical damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory . Lead poisoning also poses a particular risk PREPARED BY: THOMAS S. MITROS, BROKERlOWNER MS-2K- standard Agreement For The Sob Of Reel Estate, 01102. Pennsylvania Association of REALTORSO DOPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 imIFAS'r®S Version 6.16. SoMrere Registered to: THOMAS 6 MITROS, REaAAX HOMEFNDERS Page 16 of 21 k(s) kFK Sal Instals to pregnant wdmerL The seller of any interest in residential real property is required to provide the buyer with an}' information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase. Lead Hazard Disclosure Requirements: In accordance with the Residential Lead-Based Paint Hazard Reduction Act, any seller of property built before 1978 must provide the buyer with an EPA-approved lead hazards information pamphlet titled Protect Your Family From Lead in Your Home and must disclose to the buyer and the Broker(s) the known presence of lead-based paint and/or lead-based paint hazards m or on the property being sold, including the basis used for determining that lead-based paint and/or lead- based paint hazards exist, the location of lead-based paint and/or lead-based paint hazards, and the condition of painted surfaces. Any seller of a pre-1978 structure most also provide the buyer with any records or reports available to the seller pertaining to lead based paint and/or lead-based paint hazards in or about the property being sold, the common areas, or other residential dwellings in multi-family housing. The Act further requires that before a buyer is obligated to purchase any housing constructed prior to 1978, the seller will give the buyer 10 days (unless buyer and seller agree in writing to another time period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. The opportunity to conduct a risk assessment or inspection may be waived by the buyer, in writing. Neither testing nor abatement is required of the seller. Housing built in 1978 or later is not subject to the Act. Radon: Radon is a natural, radioactive gas that is produced in the ground by the normal decay of urannrm and radium Studies indicate that extended exposure to high levels of radon gas can increase the risk of lung cancer. Radon can find its way into any air-space, includingbasements and crawl spaces and can permeate a structure. The U. S. Environmental Protection Agency (EPA) advises corrective action if the annual average exposure to radon exceeds 0.02 working levels or 4 picocuries4iter. If a house has a radon problem, it usually can be cured by increased ventilation and/or by preventing radon entry. Any person who tests, mitigates, or safeguards a building for radon in Pennsylvania must be certified by the Department of Environmental Protection. Information about radon and about certified testing or mitigation firms is available through the Department of Environmental Protection, Bureau of Radiation Protection, 13th Floc, Rachel Carson State Off-ice Building, P.O. Box 8469, Harrisburg, PA 17105-8469, (800) 23RADON or (717) 783-3594. Mold/Ftimgi and Indoor Air-Quality. indoor mold contamination and the inhalation ofbioaerosols (bacteria, mold spores, pollen, and viruses) have been associated with allergic responses including upper respiratory coagestion, cough, mucous membrane irritation, fever, chills, muscle ache or other transient inflammation or allergy. Claims have been asserted that exposure to mold contamination and bieaermols has led to serious infection, immunosuppression and illnesses of neuro or systemic toxicity. Sampling of indoor air quality and other methods exist to determine the presence and scope of any indoor contamination. Because individuals may be affected differently, or not affected at all, by mold contamination, the surest approach to dPterimme the presence of contamination is to engage the services of a qualified professional to undertake an assessment and/or sampling. Assessments and samplings for the presence of mold contamination can be performed by qualified industrial hygienists, engineers, laboratories and home inspection companies that Offer these services. Information pertaining to indoor air quality is available through the United States Envi ar mental Protection Agency and may be obtained by contacting IAQ INFO, P.O. Box 37133, Washington, D. C. 20013-7133, 1-800-438-4318 SEWAGE NOTICES NOTICES PURSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT NOTICE 1: THERE IS NO CURRENTLY EXISTING COMMUNITY SEWAGE SYSTEM AVAILABLE FOR THE SUBJECT PROPERTY. Section 7 of the Pennsylvania Sewage Facilities Act provides that no person shall install, construct, request bid proposals for construction, alter, repair or occupy any building or structure for which an individual sewage system is to be installed, without first obtaining a permit Buyer is advised by this notice that, before signing this Agreement, Buyer should contact the local agency charged with administering the Act to determine the procedure and requirements for obtaining a permit for an individual sewage system The local agency charged with administering the Act will be the municipality where the Property is located or that municipality working cooperatively with others. NOTICE 2: THIS PROPERTY IS SERVICED BY AN INDIVIDUAL SEWAGE SYSTEM INSTALLED UNDER THE TEN ACRE PERMIT EXEMPTION PROVISIONS OF SECTION 7 OF THE PENNSYLVANIA SEWAGE FACILITIES ACT. (Section 7 provides that a permit may not be required before installing, constructing, awarding a contract for construction, altering, repairing or connecting to an individual sewage system where a ten-acre parcel or lot is subdivided from a parent tract after January 10, 1987). Bayer is advised that soils and site testing were not conducted and that, should the system malfunction, the owner of the Property or properties serviced by the system at the time of a malfunction may be held liable for any contamination, pollution, public health hazard or nuisance which occurs as a result NOTICE 3: THIS PROPERTY IS SERVICED BY A HOLDING TANK (PERMANENT OR TEMPORARY) TO WHICH IREPAREO BY: THOMAS S. METROS, BROKERIOWNER JS-2K- SW W W Aursement For The Sere Of Rest Estate, 01102. Pennsylvania Associ nion of REALTORSO xnPYRIGHT P VANM ASSOCIATION OF REALTORSO 2002 reelFA$T® S OZWS, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS - pope 7 or 21 'uyer(s) In Is ^ X Salkas)itials SEWAGE IS CONVEYED BY A WATER CARRYING SYSTEM AND WHICH IS DESIONED AM CONSTRUCTED TO FACILITATE ULTIMATE DIISIaOSAL OF THE SEWAGE AT ANOTHER SITE Pursuant to the Pennsylvania Sewage Facilities Act, Seller must provide a history of the annual cost of maintaining the tank from the date of its installation or December 14, 1995, whichever is later. NOTICE 4: AN INDIVIDUAL SEWAGE SYSTEM HAS BEEN INSTALLED AT AN ISOLATION DISTANCE FROM A WELL THAT IS LESS THAN THE DISTANCE SPECIFIED BY REGULATION. The regulations at 25 Pa. Code §73.13 pertaining to minimum horizontal isolation distances provide guidance. Subsectiam (b) of §73.13 states that the minimum horizontal isolation distance between an individual cater wooly or water supply system suction line and treatment tags shall be 50 feet Subsection (c) §73.13 states that the horizontal isolation distance between the individual water supply or water Supply system suction line and the perimeter of the abeoxption area shall be 100 feet NOTICE 5: THIS LOT IS WITHIN AN AREA IN WHICH PERMIT LIMITATIONS ARE IN EFFECT AND IS SUBJECT TO THOSE LIMITATIONS. SEWAGE FACILITIES ARE NOT AVAILABLE FOR MS LOT AND CONSTRUCTION OF A STRUCTURE TO BE SERVO BY SEWAGE FACRITIRS MAY NOT BEGIN UNTIL THE MUNICIPALITY COMPLETES A MAJOR PLANNING'REQVMMIENT PURSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT AND REGULATIONS PROMULGATED NOTICE REGARDING RECREATIONAL CABINS A Recreational Cabin is a structure which is: (1) Utili2xdprirapally11ortecreationdactivity; (2) Not utilized as a domicile or residence for any individual for any time period; (3) Not utilized for commercial purposes; (4) Not greater than two Stories in height, excluding basement; (5) Not utilized by the owner or any other person as a place of employment; (6) Not a mailing address for bills and correspondence; and (7) Not listed as an individual's place ofresidecee on a tax return, driver's license, car registration or voter registration. A recreational cabin may be exempt from the provisions of the Pennsylvania Consh'ut tioa Code Act M. (1) The cabin is equipped with at least one smoke detector, one fire extinguisher and onecasbonmonoxide desectormboththekitcbmand sleepingq; and (2) The owner ofthe cabinfiles with the miumpality enter: (A) An affidavit on a form prescnbedby the department westing tothe fit that the cabin meets the definition of a "recreational cabin" in Section 103; or (B) A valid proof of insurance for the recreational cabin, written and issued by an insurer authorized to do business in this Commonwealth, stating that the structure meets the dtf'inrtion"of a heerratfmai cabin" as didined in Section 103. N a recreational cabin is subject to exclusion from the Pennsylvania Construction Code Act, span troaster of ownership of the recreational cabin, written notice smst be prodded in the sales agreement and the dadllutilie reerendoisol cabin: (1) Is exempt from this Act; (2) May not be in conformance with the uniform construction code; and (3) Is not subject to municipal regulation. Failure to comply with the notice requirement under paragraph (1) above shall render the sale voidable at the option of the purchaser. DEFINITION OF APIANNID COMMUNITY The Uniform Planned Community Act defines "planned community" as real eahate with respect to which a person, by virtue of ownership of an interest in any portion of the real estate, is or may become obligated by otnmant, easement or agreement imposed on the owner's interest to pay any arnotmt for real property taxes, insurance, mum mranne, repair; improvement, ma ent, administration or regulation of any part of the real estate other than the portion or interest owned solely by the person The term excludes a cooperative and a condominium, but a cooperative or condominium may be part of a planned community. For the purposes of this definition, "ownership" includes holding a leasehold interest of more than 20 years, including renewal options, in real estate. The term includes run-m4dea tal campground communities. PREPARED BY: THOMAS S. MITROS, BROKERIOWNER NS-2K- Seandwd Agreement For The Sale Or Red Estate, 07102. Pwnv.4ven1a Anodaaon of REALTORSO COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 ReWFAET® Version 6.16. Software Registered tD: THOMAS S MITROS, RE/MAX HOMEFNDER$ P"011021 Buyer(s) I is SNlet(e) aiNs Exemptions from the Uniform Planned Community Act - When a Certificate of Resale Is Not Required The,owner of a property located within a planned community is not required to furnish the buyer with a certificate of resale under the following circumstances: A- The Planned Community contains no more than 12 units, provided there is no possibility of adding real estate or subdividing units to increase the size of the planned community. B. The Planned Community is one in which all of the units are restricted exclusively to non-residential use, unless the declaration provides that the resale provisions are nevertheless to be followed. C. The Planned Community or units are located outside the Commonwealth of Pennsylvania. D. The transfer of the unit is a gratuitous transfer. E. The transfer of the unit is required by court order. F. The transfer of the unit is by the government or a governmental agency. G. The transfer of the unit is the result offoreclosure or in lieu offoreclosme. Notices Regarding Public Offering Statements and Rigbt to Rescission If Seller is a Declarant of the condominium or planned community, Seller is required to furnish Buyer with a copy of the Public Offering Statement and its amendments. For condominiums, the delivery of the Public Offering Statement inns[ be made no later than the date the buyer executes this Agreement Buyer may cancel this Agreement within 15 days after receiving the Public Offering Statement and any amendments that materially and adversely affect Buyer. For planned communities, the Declarant must provide the Buyer with a copy of the Public Offering Statement and its amendments no later than the date the Buyer executes this Agreement Buyer may cancel this Agreement within 7 days after receiving the Public Offering Statement and any amendments that materially and adversely affect Buyer- INFORMATION REGARDING TBE REAL ESTATE SELLER DISCLOSURE LAW Generally speaking, the Real Estate Seller Disclosure Law requires that before an agreement of sale is signed, the seller in a residential real estate transfer must make certain disclosures regarding the property to potential buyers in a form defined by law. A residential real estate transfer is defined as a sale, exchange, installment sales contract, lease with an option to buy, grant or other transfer of an interest in real property where NOT LESS THAN ONE AND NOT MORE THAN FOUR RESIDENTIAL DWELLING UNITS are involved. The law defines a number of exceptions, where the disclosures do not have to be mark. 1. Transfers that are the result of a wart order. 2. Transfers to a mortgage lender that result from a buyer's default and subsequent foreclosure sales that resit from default 3. Transfers from a co-owner to me or more other coowners. 4. Transfers made to a spouse or a direct descendant 5. Transfers between spouses that result from divorce, legal separation, or properly settlement. 6. Transfers by a corporation, partnership or other association to its shareholders, partners or other equity owners as part Of a plan of liquidation. 7. Transfer of a property to be demolished or converted to inn-residential use. 8. Transfer of unimproved real property. 9. Transfers by a fiduciary during the administration of a decedent estate, guardianship, conservatorship or trust, 10. Transfers of new construction that has never been occupied when: a. The buyer has received a one-year warranty covering the constructim; b. The building has been inspected for compliance with the applicable building code or, if now, a nationally recognized model building code; and c. A certificate of occupancy or a certificate of code compliance has been issued for the dwelling. In addition to these exceptions, disclosures for condominiums and cooperatives are limited to the seller's particular unit(s). Disclosures regarding common areas or facilities are not required, as those elements are already addressed in the laws that govern the resale of condominiums and cooperative interests. EXECUTION DATE All s to the should be initialed and dated. The date of execution is the date when change Agreement Buyer and Seller have indicated full acceptance. of this Agreement by signing and/or initialing it MEDIATION DISPUTE RESOLUTION SYSTEM RULES AND PROCEDURES IREPARED BY: THOMAS S. MITROS, BROKERIOVMER VS-2K - SlandardAgreameid For The Sale Of Reel Estate, 01102. Pennsylvania Association of REALTORS@) ZPYRIOHT PENNSYLVANIA ASSOCIATION OF REALTORS® 2002 tsalFA$T0 S re 1A Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS Page 1 01 21 Iuyer(s) In rs' : / V\ 57Is 1. Agreement of Parties The Rules and Procedures of the Dispute Resolution System (DRS) apply when the parties have agreed it writing to mediate under DRS. The written agreement can be achieved by a standard clause man agre bof sal, ail addendurr to an agreement of sale, or through a separate written agreement. 2. Initiation of Mediation If a dispute exists, any party may start the mediation process by submitting a completed Request to Initiate Mediation DRS Transmittal Form (Transmittal Form) to the local Association of REALTORM (beaeafter "Adoai tatcr"). The Transmittal Form sbould be available through the Administrator's df=. The initiating party should try to include the following information when sending the oumpleteilTransmittal Form to the Administrator a A copy of the written agreement to mediate if there is one, OR a request by the initiating party to have the Administrator contact the other parties to the dispute to invite them to joirrthe process. b. The names, addresses and telephone numbers of the parties involved in the dispute, including the name of every insurance company ]mown to have received notice ofthe dispute or claim and the corresponding file or claim number. C. A brief statement of the facts of the dispute and the damages or relief sought 3. Selection of Mediator Within five days of receiving the completed Transmittal Form, the Administrator will send each party to the dispute a copy of the Transmittal Form and a list of qualified mediators and their fee schedntes. Each party then has ten days to review the list of mediators, cross off the name of any mediator to wbom the party objects, and return the list to fee Administrator- The Administrator will appoint the first available mediator who is acceptable to all parties involved A mediator who has any financial or personal interest in the dispute or the results of the mediation cannot serve as mediator to that dispute, mmless all parties are informed and give their written consent 4. Mediation Fees Mediation Sees will be divided equally among the parties and will be paid before the mediation conference. The parties will follow the payment terms coined in the mediator's feesc bedule. 5. Time and Place of Mediation Conference Within ten days of being appointed to the dispute, the mediator will ecntact the parties and set the date, time and plane of the mediation con ereuee. The mediator mast give at least tiienty days' advance not= to all parties. The mediation conkrence should not be more than sixty days from the mediator's appointment to the dispute. 6. Conduct of Mediation Conference The parties attending the mediation conference will be Isxpeoted to: a_ Have the authority to enter into and sip abinding settlement to the dispute. b. Produce all infermation regoiredfor the mediate; to imdetstand the issues of the dbpte. The im braw0on may include relevant written materials, descriptions of withesses and the content of their t odnimy. Thor mediator can require the parties to deliver written materials and information before the date of the L10411M COlrfe WOB The mediator presiding overtbe conference: a_ Will impartially conduct an orderly settlement negotiation. b. Will help the parties define the matters in dispute and reach a mutually agreeable Solution. C. Will have no authority to render an opinion, to bind the parties to his or bar dc;W" or to force the parties to reach a settlement Formal rules of evidence will not apply to the mediation conference. 7. Representation by Counsel Any party who intends to be accompanied to the mediation conference by legal counsel will notify the mediator and the otber parties of the intent at least ten days before the conference. 8. Confidentiality No aspect of the mediation can be relied upon or introduced as evidence in any adkirstion, judicial or other proceeding. This includes, but is net limited to, any opinions or suggestions made by any party regarding a possNe settlement; any admissions made during the course of the mediation; any proposals or opinions expressed by the mediator; and any responses given by any party to opinions, suggestions, or proposals. No privilege will be affected by disclosures made in the course of the mediation. Transcripts or recordings tithe mediation will not be allowed without the prior, written consent of all parties and the mediator. Records, reports, and other documents received or prepared by the mediator or Administrator cannot be compelled by an arbitration, judicial, or other proceeding, with the exception of an agreement that was reached in the course of mediation and signed by all the parties. PREPARED BY: THOMAS S. MITROS, BROKER/OWNER AIS-2K- Standard Agreement For The Sale Of Reel Estate, 01/02. PsnnryWvih Assodskion of REALTORS® COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSW 2002 Res FAST® 72005, Version 6.16. Software Registered I c. THOMAS S MITROS, RE/MAX HOMEFINDERS Pegs 20 of 21 Buyer(s) Is ?, 0) Senar(s Is Neither the mediator nor the Administrator can be compelled to testify in any proceeding regarding information given or repro,.entations made either in the course of the mediation Orin any confidential communication. 9. Mediated Settlement When a dispute is resolved through mediation, the mediator will put the complete agreement in writing and all parties will sign the written agreement within ten days of the conclusion of the mediation conference. Every reasonable effort will be made to sign the written agreement at the end of the conference. 10. Judicial Proceedings and Immunity NEITFffit THE ADMINISTRATOR, THE MEDIATOR, THE NATIONAL ASSOCIATION OF REALTORS, THE PENNSYLVANIA ASSOCIATION OF REALTORSO NOR ANY OF ITS MEMBER BOARDS, WILL BE DEEMED NECESSARY OR INDISPENSABLE PARTIES IN ANY JUDICIAL PROCEEDINGS RELATING TO MEDIATION UNDER THESE RULES AND PROCEDURES, NOR WILL ANY OF THEM SERVING UNDER THESE PROCEDURES BE LIABLE TO ANY PARTY FOR ANY ACT, ERROR OR OMISSION IN CONNECTION WITH ANY SERVICE OR THE OPERATION OF THE HOME SELLERS/HOME BUYERS DISPUTE RESOLUTION SYSTEM PREPARED BY: THOMAS S. MITROS, BROKERIOWNER VS-2K - Standard Agreement For The Sale OF RwI Estate, 01102. Pennsylvania AssocWan of REALTORM YWYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 iwIFA$TO S Version 6.16. Software Registered to: THOMAS S MITROS, REAW HOMEFINDERS 3uyer(s) In Is n`,' se" I Mals r() Feb 03 06 12:09p hale real estate (717)532-5463 ,p•2 SELLER'S PROPERTY DISCLOSURE STATEMENT SPD Thu farm recommended and approved for, but not restricted w use by, the members of We Pennsylvania Aswciaion of REAL TORSO (PAtt). 1 Property Address ?an"-'A 3 Seller 4 The Real Estate Seller Disclosure Law (68 P.S. §1301 et. seq.) requires that a seller of a property must disclose to a buyer all known s material defects about the property being sold that are not readily observable. While the Law requires certain disclosures, this disdo- 6 sure statement covers common topics beyond the baste requirements of the Law in an effort to assist sellers in complying with dis- c closure requirements and to assist buyers in evaluating the property being considered. Sellers who wish to see or use the basic dis- c closure form can find the form on the Web site of the Pemtsylvania State Real Estate Commission. s This Statement discloses Seller s knowledge of the condition of the property as of the date signed by Seller and is not a substitute for to my inspections or warranties that Buyer may wish to obtain. This Statement is not a warranty of any kind by Seller or a warramy or t 1 representation by any listing teal estate broker, any selling real estate broker, or their licensees. Buyer is encouraged to address concerns 12 about the conditions of the property that may not be included in this Statement. This Statement does not relieve Seller of the obligation ro to disclose a material defect that may not be addressed on this form. 14 A Material Defect is a problem with a residential real property or any portion of it that would have a significant adverse impact oa the 15 value of the property or that involves an uareasonable risk to people on the property, The fact that a structural element, system or subsys- 16 tern is at or beyond the end of the normal useful life of such a structural element, system or subsystem is ant by itself a material defect. 17 1. SELLER'S EXPERTISE Seller does not possess expertise in contracting, engineering, architecture, environmental assessment or 1s other areas related to the construction and conditions of the property and its improvements, except as follows: to 20 2. OWNERSHIP/OCCUPANCY 21 (a) Is the property currently occupied? -!!--Yes _ No If yes, by whom? ?- Seller _ Other occupants (tenants) n if property is not occupied, when was it last occupied? 23 (b) How long have you owned the property? 10. 24 (c) Are you aware of any pets having lived in the house or other structures during your ownership? Yee _ No 26 If yes, describe: 1 5bcn ?r 26 3. ROOF 27 (a) Date roof installed: 01. Documented? 14' Yes _ No _ Unknown 24 (b) Has the roof been replaced or repaired during your ownership? ! Yes be No 29 If yes, was the existing roofing material removed? _ Yes _ No _ Unknown 30 (c) Has the roof ever leaked during your ownership? _ Yes X No 31 (d) Are you aware of any problems with the roof, gutters, flashing or downspouts? - Yes - No w Explain any "yes' answers in this section, including the location and extent of any problem(s) and any repair or remediatim efforts: 33 34 4. BASEMENTS AND CRAWL SPACES (Complete only if applicable) --- -_ ... __. ._. __.. ... -._ .? 35 (a) Does the property have a sump pump? W Yes _ No _ Unknown 36 If yes, has it overrun? _, Yes _No _ Unknown Is it in working order? _ Yes No _ Unknown 37 (b) Are you aware of any water leakage, accumulation, or dampness within the basement or crawl space? et Yes , No 2s (c) Do you kmw of any tepamor ollm attempts k gaol any water or4famprtrss poblem in the bavearntorcrawl space? -Yes Y No 39 Explain any 1W answers in flits section, Including the location and extant of any problem(s) and any repair or remediation efforts: 40 ..6sy3rtlrlp T •" > h0L1_&0? 41 5. TERMITESIWOOD-DESTROYING INSECTS, DRYROT, PESTS 42 (a) Are you aware of any termiteslwood-destroying insects, dryrot, or pests allotting the pmperty? _ Yes ?c No 42 (b) Are you aware of any damage to the property caused by termites/wood-destroyiog insects, dryrot, or pests? _ Yes No 44 (c) Is your property currently under contract by a licensed pest cou n7l company? _ Yes -!!j- No 45 (d) Are you aware of any termite/pest control reports or treatmeuts for the property? _ Yes W No 46 Explain any "yes" answers in this section, including the name of any servicdUeAment provider, i<applicable: 47 at 6. STRUCTURAL ITEMS a (a) Are you aware of any past or present waltz leakage in the house or other structures? `g Yes No so (b) Are you aware of any past or present movement, shifting, deterioration, or other problems with walls, foundations, or other 51 structural components? _ Yes 2< No at (c) Am you aware of my past orptesatt pnblemt with driveways, walkways, patios, or vetw ing walls on dnepropelty?_ Yes No s3 (d) L4 your property constructed with an Exterior Insulating Finishing System (EIPS), such as Dryvit or synthetic stucco? 54 __._ Yes - No -?L- Unknown If yes, date installed, if known acs (e) Are them any defects (including stains) in flooring or floor coverings? _ Yes _iL- No ` Unknown at (1) Are you aware of any fire, storm, water or ice damage to die property? _ Yes _4 No 57 Explidu any "yes" answers in this section, Including the location and ex mt of ray problem(s) and may repair or Nation efforts: sa 9nsr .dt cvs. .. $a Buyerlnitials: Date i FormayNaN Asomafollm of REALTCOORRSSP SPD 2 3 4 5 6 7 6 9 SO it rz 13 t4 is is 17 Is 19 20 21 Z2 23 24 25 26 27 2s 29 30 34 32 3s 34 n 38 37 30 39 a 41 4e 43 44 4s 46 O a 49 m 51 52 53 54 acs 56 5? so Seller Initials: A"' Date k129 as corymurmAnsrLVAmAAssoca 11or4 or itBAt.Tous 2%% 604 real ua nay rc:rup nale real estates (7171532-5463 p.3 w 7. ADD17'IONS%EMODELS Have you made any additions, stnrturd changes, or other aha,&oas to the property? , Yes No w of if "yes," describe: 42 62 as 8. WATER SUPPLY 65 as (a) What is the source of your drinking water? Public Water X Well on Property _ Community Water as is _ Norie _ Other (explain): es +a (b) When was your water last tested? Test results: Do 67 If your drinking water source is not public, is the pumping system in working order? *>C' Yes _ No 67 so If "no," explain:_ as is (c) Do you have a softener, filter, or other treatment system? _ Yes >e No ~ is :n If you do not own the system, explaia: _ 7a 71 (d) Have you ever had a problem with your water supply? _Yes ' No n (e) Has your well ever tun dry? , Yes k No Not Applicable . 79 _ (t) Is there a well on the property not used as the primary source of drinking water? Yes ?C _ No 74 If yea is the well capped? Yes - No 94 75 (g) Is the water system shared? Yes ifC No 75 76 (h) Are you aware of any leaks or other problems, past or present, relating to the water supply, pumping system, and related items? 76 77 Yes 7a No 77 7s Explain any "yes" answers in this section, including the location and extent of any problem(s) and any repair or aremediation efforts: 7s 79 a as 9. SEWAGE SYSTEM sa at (a) What is the type of sewage system? Public Sewer )[_ Individual On-lot Sewage Disposal System s+ B2 -Individual On-lot Sewage Disposal System in Proximity to Well Community Sewage Disposal System V. 83 -Ten-acre Permit Exemption _ Holding Tank None None Available/Permit Limitations in Effect at as -Other type of sewage system (explain): _ at aa O b If Individual On-lot sewa e system, what Ces ty pe spool Dminfield Unknown as 37 - Other (specify): 87 as (c) Are there any septic tanks on the Property? _ Yes a No _ Unknown as 89 If'yes;' what type of tank(s)? _ Metal/steel - Cernent/concrete _ Fiberglass - Unknown s? at -Other (specify): 90 it (d) When was the on-site sewage disposal system last serviced? v rY.w.a if 92 (e) Are there any sewage pumps located on the property? 4 Yes _ No 92 93 If yes, type(s) of pump(s) Are pump(s) in working order? AC Yes No U 94 _ Who, is responsible for maintenance of sewage pumps? 9e 93 (f) Is the sewage system shared? _ Yes X No so 9e (g) Arc you aware of any past or present leaks, backups, or other problems relating to the sewage system and trialed items? 95 97 -Yes Y No 97 9r Ex plain any "yes" answers In this section, including the location and extent of any problem(s) and any repair or remediation efforts: so 99 92 too 10. PLUMBING SYSTEM is ter (a) 'T'ype of plumbing (check all that apply): -.e Copper + Galvanized _ Lead - PVC Polybutylene pipe (PB) lot lox ` Mixed _ Unknown -Other (explain): _ IGt to, (b) An: you aware of any problems with any of your plumbing fixtures (e.g., including but not limited to: kitchen, foundry, or bath- in IN room fixtures; wet bars; etc.)? ____ Yes _L_ No toa +os If "yes," explain: ;an too 11. DOMESTIC WATER HEATING tas rte (a) Type of water heating:.- Electric Naanal Gas - Peel OAT _ Pmpane _ Solar -Stmtmerwriter Honk-Up for raa Other (explain): %X*.J P ? "l Ios tog . (b) Are you aware of an y any problems welt any water heater or related equipment. v _ Yes No ens 110 If "yes," explain: Ito t7I 12. _ AIR CONDITIONING SYSTEM ni Ire (a) Type of air conditioning: 'K Central Air - Wall Units _ Window Units - None rti va Other (explain): its 190 Number of window units included in sale- Location(s) Ira its (b) Age of Central Air Conditioning System: %g _ Unknown Date last serviced, if known its 116 (c) List any areas of the house that are not air conditioned: .Lpo g Ira 117 ? rta (d) Are you aware of any problems with any item in this section? , Yes ie No ere Its If "yes," explain: Irs 120 Buyer initials. Date SPD Page 2 of 5 Seller lnlt ds.' Date M 120 Feb (7171532-5463 P•4 03 06 12:10P hale real estate ? 121 13. HEATING SYSTEM 1" 122 (a) Type(s) of heating fuel(s) (check all that apply): _ Electric _ Fire] OiI _ Natural Gas T,- Propane '..e 123 _ Coal _ wood _ Other: _?r. _,Q.w -is. ^. Cex?•kro-\ l'•+?• _. ._ '23 124 (b) Type(s) of heating system(s) (check all that apply): ` Forced Hot Air Hot Water Y•- Heat Pump 125 Electric Baseboard - Steam - Wood Stove (How many? Coal Stove (How many'? 126 Other: 117 _ (c) Age of Heating System: xo:z _ Unknown Date last serviced, if known -- -? 128 178 (d) Are there any fireplaces? _ Yes W No If "yes," how many7_ Are they working? T_ Yes _No i2a 129 (e) Are there any chimneys (from a fireplace, water heater or any other heating system)? Yes e- No 12? 130 If "yes," how many7_ When were they last cleaned? Unknown _ 133 Ilia Are they working?_ Yes No If "no," explain: .,; 132 (f) List any areas of the house that are not heated:CV10.0- u3 (g) Are you aware of any heating fuel tanks on the property'? _ Yes W No ?!= is4 Location(s), including underground tank(s): .. 124 136 If you do not own the tanks, explain: N ? Y i?° 6 Ila A es _ o _ re you aware of any problems or repairs needed regarding any item in this section 13 137 if "yes," explain: 15! 136 3e Ile 14. ELECTRICAL SYSTEM 140 (a) Type of Electrical System: Fuses -,k_Circoit Breakers Now Many Amps?'Zcxo _ Unknown 141 (b) Are you aware of any knob and tube wiring in the home? _ Yes ? No 141 142 A re you aware of any problems or repairs needed in the electrical system? ` Yes V- No 142 143 It "yes," explain' 146 1u 15 . OTHER EQUIPMENT AND APPLIANCES '44 145 This section must be completed for each item that wilt, or may, be sold with the property. The fact that an item is listed does I,* 146 not mean it is Included in the Agreement of Sale. Terms of the Agreement of Sale negotiated between Buyer and Seller will :46 lot determine which items, it any, are included in the purchase of the Property. I. tae (a) Y Electric Gamgc Door Opener Number of Transmitters X Keyless Entry tae 149 (b) U. Sttwke Detectors How many?_ Location(s) In 150 (c) Security Alarm System _ Owned _ Leased (Lease Information isn 151 (d) Lawn Sprinkler(s) How many? _ Automatic Timer _ 131 152 (e) _ Swimming Pool ` Hot Tub/Spa _ Pool/Spa Heater _ Pool/Spa Cover , Whirlpool/Tuh 152 is) PooYSpa Equipment and Accessories (list): v;, 154 (t) _ Rofrigerator(s) y Range/Oven - Microwave Oven ac Dishwasher _ Trash Compactor li54 155 Garbage Disposal , Chest Freezer Washer _ Dryer , intercom 115-1 IS (g) As Ceiling Fan(s) How many? Z Location(s) ): w.-fig, ' etlnN?tc is RwAy%I ,w 1st (h) Awnings _Attic Fan(s) _Satellite Dish _ Storage Shed _ Des) dp_ Electric Animal Fence 15` 156 (i) Other. 1i8 I% Are you aware of any problems or repairs needed regarding any item in this section? - Yes - No 169 - " explain: 160 if "yea 1611 , , 161 16. LAND (SOILS, DRAINAGE, FLOODING AND BOUNDARIES) 161 162 (a) Land/Sails 162 lea 1) Are you aware of any fill or expansive soil on the property? _ Yes 16 No tG1 164 2) Are you aware of any sliding, settling, earth movement, upheaval, subsidence, or earth stability problems that have 1H 165 occurred on or affect the property? _ Yes 1 No mi 168 3) Are you aware of any existing, past or proposed mining, strip-mining, or any other excavations that might affect this 199 ist property! _ Yes br No 6; Ise Note to Buyer, The property maybe subject to mine subsidence damage. Maps of the counties and mines where mine subsidence IN 169 damage may occur and mine mlis&knce insurance are available through: Department of Frivironmental Protection, Mine Subsi- In 170 dente Insurance Fund, 25 Technology Drive, California Technology Park, Coal Center, PA 15423 (800) 922-1678 (within 128 1n Pennsylvania) or (774) 769-1100 (outside Pennsylvania). 171 172 4) Is the property, or a portion of it, preferentially assessed for tax purposes, or subject to limiled development rights? sn 173 Yes 4 No If "yes", check all that apply below: 171 174 _ Farmland and Forest Land Assessment Act - 72 P.S.§5490,1 et seq. (Clean and Green Program) 174 its , Open Space Act - 16 P.S. § 11941 et seq- rte Its +Agricultural Area Security Law - 3 P.S. §901 et seq, (Development Rights) Its tar Other 117 in, _ Note to Buyer: Pennsylvania has enacted the Right to Farm Act (3 P.S. § 951-957) In an effort to limit die circumstances under Ira 179 which agricultural operations may be subject to wirance suits or ordinances. Buyers are emnmraged to investigate whether any 1ta !so agricultural operations covered by the Act operate in the vicinity of the property. ISO is, Explain any "yea" answers in this section: 1V 182 _... .._._? ......._. ._. .__. .. .?._. .. _.... ._. ._ ... .. __.- ._._.._.__ _.. ?. .... ._ ? .__ _....? let 183 Buyer Initials: Date SPD Page 3 of 5 Seller iuttials: _ Date. _ 163 0 3 06 12: L 1p hale real estate (717)532-5463 P-5 ? - Feb 164 (b) FloodingfDrainage 185 1) Is any part of this property located in a wetlands area of a PEMA flood zone? _Yes -)!C No _ Unknown 199 1% 2) Do you know of any past or present drainage or flooding problems affecting the property? Yes No 11% in Explain any ",yes" answers in this section, including dates and extent of flooding: 189 (c) Boundaries its 190 1) Do you know of any encroachments, boundary line disputes, or easements affecting the property? _ Yes No 190 ts, Note to Buyer.- Most properties have easements running across them for utility services and other reasons. In many cases, the 191 192 easements do not restrict the ordinary use of the property, and Seller may not be readily aware of them. Buyers may wish to In Ns determine the existence of easements and restrictions by examining the property and ordering an Abstract of rifle or .searching In ,94 the records in the Office of the Recorder nfDeeds for the eaunty before entering into an agreement of'.sole, IN 195 2) Do you access the property from a private road or lane? -___ Yes re No 195 1s9 if ye,%, do you have a recorded right of way or maintenance agreement? Yes No 196 19t 3) Are you aware of any shared or common areas (e.g., driveways, bridges, docks, walls, etc.) or maintenance agreements? W IN Yes Y No tea ,aa Explain any "yes" answers in this section: lea 200 -- - -- _' -- '--- -- ---- '-- -' -- -_ --_-. --- -.- _. _- - -- -. ._.. - - - - _. _ ._ .. _ 2a8 tot 17. HAZARDOUS SUBSTANCES AND ENVIRONMENTAL ISSUES 201 202 (a) Are you aware of any underground tanks (other than home heating fuel or septic tanks disclosed above)'? _Yes d. No eat 203 (b) Are you aware of any past or present hazardous substances present on the property (structure or soil) such as, but not limited 2163 21r to, asbestos or polychlorinated biphenyls (PCBs), etc.? _ Yes * No 722 gas (c) Are you aware of sewage sludge (other than commercially available fertilizer products) being spread on the property, or have you 2a5 2a received written notice of sewage sludge being spread on an adjacent property? ____ Yes h No 286 ter (d) Are you aware of any tests for mold, fungi, or indoor air quality in the property? _ Yes -,e No gas 20u (e) Other than general household cleaning, have you taken any efforts to control or remediale mold or mold-like substances in the 9^s 209 property? _ Yes > No ma 2t0 Note to Buyer: Individuals may be affected differently, or not at all, by mold contamination. Ifmold contamination or indoor air goal- va 211 ity it a concern, buyers are encouraged to engage the services of a quaUfted professional to do testing. Information on this issue is in 212 available from the United States Environmental Protection Agency and may be obtained 17y contacting 1AQ INFO, P. D. Box 37133, era 213 Washington, D.C. 20013-7133, 1-800-4384318. 213 214 (f) Are you aware of any dumping on the property? - Yes %9 No 214 215 (g) Have you received written notice regarding the presence of an environmental hazard or biohazard on your property or any 2ts 201 adjacent property? _ Yes No 216 217 (h) Are you aware of any tests for radon gas that have been perforrned in any buildings an the property? - Yes 'e No 217 218 If "yes," list date, type, and results of all teats below: 2t8 215 DATE TYPE of TEST RESULTS (picocuriesiliter or working levels) NAmr. or 1ESTtW; SERVICE 219 220 129 221 221 - W (i) Are you aware of any radon removal system on the property? _ Yes 0- No 222 22a I f "yes," list date installed and type of system, and whether it is in working order below: 223 Z24 - DATE INSTALLED TYPE OF Syn%m PROVIDER WORIUNC ORDER? 224 _ Yea _ No M Y6s , No 229 227 (j) if property was constructed, or if construction began, before 1978, you must disclose any knowledge of lead-bated paint on the 227 m property. Are you aware of any lead-based paint or lead-based paint hazards on the property? -. Yes Y No 228 229 If "yes," explain how you know of it, where it is, and the condition of those lead-based paint surfaces: 229 230 zoo 231 (k) If property was constructed, or if construction began, before 1978, you must disclose any reports or records of lead-based paint 231 232 or lead-based paint hazards on the property. Are you aware of any reports or records regarding lead-based paint or lead-based an 233 paint hazards on the property? _ Yes x No era 234 If "yes," list all available reports and records: _ 234 936 (1) Are you aware of testing on the property for any other hazardous substances or environmental concerns ? _Yes No 23r 136 (m) Are you aware of of any other hazardous substances or environmental concerts that raight impact upon the property? 236 237 _ Yes - -,c No 232 23e Explain any "yes" answers in this section: 239 239 236 290 - -----_-..----- ---------------------..-.____-._.._-..__ ago 241 241 i42 Buyer Initials: Date SPD Page 4 of 3 Seller IniHab _ wDate ( 2 i19 - x42 ent8Et9 17177532-5463 P•b Hare rear , reo us uo rw!: sep 24318. CONDOMINIUMS AND OTHER HOMEOWNER ASSOCIATIONS (Complete only if applicable) tea Type: COndnminlnm Cooperative Homeowner Association or Planned Community d Oth -- ,. 2 cr: z45 24c Notice regarding Condominiums, Cooperatives, and Planned Communities: A btyev of it resale unit in a condominium, coopera- ?u ear tive, or planned community must receive a copy cf the declaration (other than the plats and plans), the bylaws, tie rules at- regula- 241 248 tions, and a certificate of resale issued by the association in the condominium, cooperative, or planned coot- 249 gas munity. Buyers may be responsible Jbr capital contributions, initiation fies or similar one-time fees in addition io regular momhly 249 250 maintenance fees. The buyer will have the option of canceling the agreement with the return ofall deposit monier until the certificate 2so 251 has been provided to the buyer and for five days thereafter or until conveyance, whichever occurs first. 251 2s219. MISCELLANEOUS 2W 253 (a) Are you aware of any historic preservation msuiction or ordinance or archeological designation associated with the property? 2s3 254 Yes No 254 255 (b) Are you aware of any existing or threatened legal action affecting the property? , Yes No zas 255 (c) Are you aware of any violations of federal, state, or local laws or regulations relating to this property? ____ `!es >k No 256 257 (d) Ara you aware of any public improvement, condominium or homeowner association assessments against the property that remain 2s7 258 unpaid or of any violations of zoning, housing, building, safety or fire ordinances that remain uncorrected? Yes Y No 2so _ _ 259 (e) Are you aware of any.rydgment, encumbrance, lien (for example, co-maker or equity loan), overdue payment on a support obli- 259 260 gation, or other debt against this property that cannot be satisfied by the proceeds of this sale? _ Yes X No 2so 261 (t) Are you aware of any reason, including a defect in title, that would prevent you from giving a warranty deed or conveying title to the za1 42 property? ____ Yes -1y' No 262 263 (g) Are you aware of any insurance claims filed relating to the property? Yes wo No W 269 (h) Are you aware of any material defects to the properly, dwelling, or fixtures which are not disclosed elsewhere an this form? 264 265 Yes V No 265 266 A material defect is a problem with a residential real property or any portion of it that would have a significant adverse impact 266 2sr on the value of don property or that involves an unreasonable risk to people on the property. The fact that a structural element, 267 268 system or subsystem is at or beyond the end of the normal useful life of such a structural element, system or subsystem is not by 261 269 itself a material defect 20 27o Esplain any "yes" answers In this section: 2M 271 271 n2 The undersigned Seller represents that the information ad forth is this disclosure statement is accurate and complete to the best 273 of Seller's I mawledge. Seiler hereby authorizes the Listing Broker to provide this information to prospective buyers of the prop- z74 erty and to other real estate ficensees. SELLER ALONE IS RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION 27s CONTAINED IN THIS STATEMENT. Seger shall cause Buyer to be notified in writing of any information sappged on this form m which B rendered toacev rate, by a change fit the condition of the property following pletion of this form. 2n WITNESS ej&j?w AL I Aa9 SELLER DATE G f s/?S rre WITNESS dO 40 SELLER DATE n o3 279 WITNESS SELLER DATE 291 292 263 294 295 296 297 as 209 293 M1 292 EXECUTOR, ADMINISTRATOR, TRUSTEE SIGNATURE BLOCK According w the provisions of the Post Estate Seller Disclosure Law, the undersigned executor, administrator or trustee is not required to fill out a Seller's Property Disclosure Statement. The executor, administrator or trustee, must, however, disclose any known mate- rial defect(s) of the property. DATE RECEIPT AND ACKNOWLEDGEMENT BY BUYER The undersigned Buyer acknowledges receipt of this Disclosure Statement. Buyer acknowledges that this Statement is not a warranty and that, unless stated otherwise in the sales contract, Buyer is purchasing this property In its present condition. It is Buyer's responaibtgty to satisfy himself or herself as to the condition of the property. Buyer may request that the property be inspected, at Bayer's expense and by qualified professlonnls, to determine the condition of the structure or its compenents. WITNESS BUYER DATE _ WITNESS BUYER DATE WETNESS BUYER DATE zr2 273 214 3;5 2176 err 278 279 1103 2V1 262 253 204 2F` ens 2r2 sea M 190 at 292 293 SPD Pages of 5 xn Feb , 221 2006 110:54AM ....n, .... R EMAX ?1 J " mr. Lm not rvav¢1e613 uln l,Y i1K nW?,\bs: ui Uta PCOOnrb11ti11 d.0U1:i14iV11 ut hLN O U C 04A3,nL p 2 SELLER'S BUSINESS3t? , TION$.411` WITH PA LICENSED BROKER : BROKER (Company)=t=ic C... (" 0? / AiPHONE -?; ADDRESS 1 FAX BROKER IS THE AGENT FOR SELLER. Designated Agent(s) for Seller, if applicable-. ?? null„s/r /?-1. '_ „• 72, OR Broker Is NOT the Agent for Seller and is elan; ? AGENT FOR BUYRR O TRANSACTION LICENSEE BU IR'S BUSIN S RF"I,ATIONSW WITH PA LICENSED BROKER BROKER (Company) -AZ ?,'.-' /? .:.•r / o /Z*v- C4, PHONE 00 ADDRESS -1 FAX - I -''-•- D// BROKER IS THE AGENT FOR BUYER. Designated Agent(s) for Buyer, if applicable: OR Broker is NOT the Agent for Buyer and B Wan: 0 AGENT FOR SELLER ? SUBAGENT FOR SELLER ? TRANSACTION LICENSEE When the same Broker la Agent for Seller and Agent for Bayer, Broker to a Dual Agent. All of Broker's licensees arc else Dual Agents UNLESS there are separate Designated Agents for Buyer and Seller. If the some Licensee is designated for Seller and Buyer, the Licensee is a Dual Agent. SELLER BUYER(S): 2. PROPERTY (1-98) Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: ALL THAT CERTAIN lolkor piece of gyouno'with ?ti)Isj" and improvements thereon erected, it any, known as: / ry in the C. of_ County a ?' .•.•, l,g In the Co moowealth of Pennsylvania, Idand&ation (e.g., Tax ID Parcel A; Lot, Block; Dead Book, Page, Recording Date) 3. TERNS (1-02) (A) Purchase Price called "Seller," and ti t called "Buyer." u ? u tJ it ter- //(_ ) U.S. Dopers r 23 24 25 M YT re 3a 40 at 1? as es 4 which will he paid to Seller by Buyer as follows: , t. Cash or check at signing this Agreement: S 2. Cosh or cheep within -days of the execution of due Agreement: S 3. , S '.?. S" :J `• '•?4. Cash, cultier's or certifieJ check at time of settiemenu $ TOTAL t -'? •? •?d iJ l„J (B) Deposits paid on account of purchase price to be held by Broker for Seller, unless otherwise stated here; r. r5 (C) Seller's written approval to be on or before:_&--,?• Scnlrmcnt to be mt 7 ' c Cif ?). Conveyance from Seller will b,: by fee simple deed of special warranty unless otherwise stated here: or before if Buyer and Seller agree. Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here; 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 Aeration); rents; interest on mortgage assumptions; condominium fees and homeowner association fees, if any; water andlor sewer fees, if any, together with any other lienablo 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 stored here: 4. FIXTURES & PERSONAL PROPERTY (1-00) (A) INCLUDED in this sale acid purchase price me 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 hearing and cooking fuels stored on the Property at the time of settlement; wall to wall carpeting; window covering htudwarj..shades (tnd blinds: built-in air conditioners; built-in fr.,I , ,s appliances; and the rutgdoven unless otherwise scared. Also included: Z, v (B) LEASED items (not owned by Seiler): ,t ae M i, A' s: 3!, Au c: a? •v: 4m I L 5 To be continued (C) EXCLUDED fixtures and items: as 2. 4C 9!I 40 S. DATESITIME IS OF THE ESSENCE (1.02) ts 1)4 (A) The said date for settlement and all other dates and times referred to for the performance of any of the obligations of this Agreement are sn Et agreed to be of the rasence of this Agreement and are binding. 31 5t (B) For the purposes of this Agreement, number of days will be counted from the dare of execution, by excluding the day this Agreement was se 532 executed end including the last day of the time period. 53 5. (C) The date of settlemenr is not extended by any other provision of this Agreement and may only be extended by mutual written agreement of 54 55 the parties. ;,a M (D) C?ttt in rime periods are pre-printed in this Agreement as a convenience to the Buyer and Seller. Any pre-printed time periods are negotiable 56 sr and may be changed b striking out the pre-printed text and inserting a different time period acceptable to all patties. 117 sa Buyer Initials:, A/S•2K Page 1 or g Seller Inidals: 54 Path lvaala Asaoelation of COPYRIGHT MNSYLVAMA ASSOCIATION OF REALTORS* 2002 REALT?RSa airo2 b M?MYYW?Y w..y,yy 61 Feb .22- 2006•E 0AMeis N(REMAXngenton mortgage financing. No-6043 P, 3 62 Er ELECTED to (A) This sale it comingont upon Buyer ohtainhig mongage financing as follows: 1. Amount of mortgage loan S.`r ._r A Q C•J ri 2. Minimum Term ears / sa 3. Type of mortgage 6 l ±7 67 4. Interest rate 5. 1 70; however, Buyer veeqfrees to accept the Interest rate as may he committed by the mortgage lender, nut to 63 exceed a maximum Interest rate of--6j 016. G9 S. Discount points, loun origination, loan placement and other fees charged by the lender ag a pacontage of the mortgage loan (excluding 71) any mortgage ins"ance premiums or VA funding fee) not to exceed _96 (0% if not specified) of the mortgage loan. 71 The interest rule and fees provisions required by Buyer ere satisfied if a mortgage lender makes available to Buyer the right rc gametes in 72 interest tweet err below the Maximum Interest Rate specified herein. with the percentage fees at or below the amount specified herein. Buyer 73 gives Seller the right, at Seller's sole option and as permitted by the mortgage lender and applicable laws, to contribute financially. without 74 promise of reimbursement, to the Buyer and/or the mortgage lender to make the above toms available to Buyer. rs (B) Within, DAYS (10 days if not specified) of the execution of this Agreemem, Buyer will make a completed, written mortgage application 'Is for the mortgage terms specified above to a responsible mortgage tender, The Broker for Buyer, B any, otherwise the Broker for Seller, is ra authorised to communicate with the mortgage lenderfo;?tta purposes of assisting in the mortgage loan process. ra (C) 1. Mortgage commitment date -7- (.?'! k'4 j . If a written commitment is not received by Seller by tits above date, Buyer 'r0 and Seller agree to extend the mortgage coaunitment date until Seller meminates this Agnament in writing by notice s Buyer. sn 2. Upon receipt of a mortgage commitment, Buyer will promptly deliver a copy of the commitment to Seller. 01 3. Seller has the option to temlinate this Agreement in writing, after the mortgage commitment date if the mortgage commitment rt a. Is not valid until the date of settlement. OR 63 b. Is conditioned upon the sale and settlement of any other property, OR ba c. Contains ally other condition nog specified In this Agreement that is not satisfied wuVor removed in writing by the mortgage lender o, within 7- DAYS after the mortgage commitment date in paragraph 6 (C) (1). N 4, If this Agreement is terminated as specified in paragraphs 6 (C) (1) or (3), or the mortgage loan i6 not obtained foi settlement, all deRit monies a? paid on account of purchase price will be returned to Buyer. Buyer will be responsible for any premiums for mechanics' lien insunarce and/or an dtle sowch, or fee for cancellation of same, if any; AND/OR any premiums for flood insurance, mine xuhsideace insurance and/at fire insult- 6. ance with extended coverage, or cancellation fee, if any; AND/OR any appraisal fees and charges paid in advanec to the mortgage lender. SO (D) If the mortgage lender requires repairs to the Property, Buyer will, upon receipt. deliver a copy of the mortgage l ndor's requirements w Seller. of Seller will, within S DAYS of receipt of the mortgage lender's requirements, notify Buyer whether Seller will make the required repairs 92 at Seller's expense. ' W 1. It Seller chooses to make the required repairs, Buyer will accept the Property and agree to the RELEASE set forth in paragraph 25 of this an Agreement. si 2. If Seller chooses not to make the requited repairs, or 9 Saber tags to respond within the time given, Buyer will, within 5 DAYS, ea 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 ar permission, which will not be unreasonably withheld if Seller denies Buyer permission to make the required repairs, Buyer may, within 9s - I DAYS of Seller's denied, terminate this Agreement, in which case all deposit monies paid on account of purchase price will be 99 returned promptly to Buyer and this Agreement will be VOID. ran (E) Assist 1m Nt7TAPPLICABLE 142 ? APPLICABLE. Seller will pay: Im p S maximum, toward Boyer's costs as perudtred by the mortgage lender. 104 rte FHA/VA,1F APPLICABLE 144 (F) It is expressly agreed that,notwithstanding any other provisions of this contract. Buyer will not be obligated to complete the purchase of the 167 Property described herein or to in= any penalty by forfeiture of earnest money deposits or otherwise unless Buyer has been given, in accol, 106 dance with HUD/FHA or VA requirements, a written statement by the Federal Housing Commissioner, Veterans Adtninixterion, or a Direct in.,) Endorsement Lender setting forth the appraised value of the Property of not less than S (the dollar arileant to be 110 inserted is dte sales price as suited in this Agreement). Buyer will have the privilege and option of proceeding with consummation of the can- to tract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to detertnine the maximum mortgage the! 1 ? Deparunent of Housing and Urban Developme c will insure. HUD does not warrant the value nor the condition of the Property. Beyer should 1l, satisfy himself/herself that the price and condition of the Property are acceptable. eta Warning: Section 1010 of 11de 18, U.S.C., Department of Housing and Urban Development and Fedcrdl Housing Administration 115 Transactions, provides. "Whoever for the purpose of ... Influencing in any way Elie action of such Department, makes, passes, utters or pub- lie dishes tiny statement, knowing the same to be false ... shall be fined under this title or Imprisoned not more than two yews, or both." (0) U.S. Department of Housing and Urban Development (HUD) NOTICE TO PURCHASERS: Buyer's Acknowledgement [3 Buyer has received the HUD Notice "For Your Protection: Get A Home Inspection" (see Notices and Information on Property Condition itli Inspections). Buyer understands the importance of getting an independent home inspection and has thought about this before signing dd,, to Agreement. 21 x Buyer's Initials Date 122 (H) Certification We the undersigned, Seller(s) mid Buyer(s) parry to this transaction each certify that the tc`iillt of this contract for purchase am 12a true to the hest of our knowledge and belief, and mw any other agreement entered into by ony of these parties in connection with this transact 124 don is attached in this Agreement. 123 7. INSPECTIONS (1.02) in (A) Seller agrees to permit inspections by authorized appraiser., reputable certifiers, insurer's representatives, surveyors, municipal officials and/or 12t Buyer as may be required by the mortgage lender, if any, or insuring agencies. Seller further agrees to permit any other inspections required by 120 Err nmvidnd fnr in the ,one nf'hit Autumn.., Rm,ar b.. m. n.hr 1n u .nA en i ....,. Iza 130 r3r 132 133 134 ins 156 !a-,- 138 tar 440 14) 142 144 144 146 146 To be cent i nued 3. .__ ._. _'_ __ _... ....,.... _.,y.,...., ,......e,,, w nucuu w. wgxv,turls, 12o (B) Buyer m4erves the right to make a prc-settlement walk-through inspection of the Property. Buyer's right to make this inspection is tilx waived Y'r> by any other provision of this Agreement. 130 (C) Seller will have hearing and all utilities (including.fuel(s)) on for the inspections. 1'•n (D) All inspectors, including home inspectors, are authorized by Buyer to provide a copy of any reports to Broker for Buyer. laz 8. PROPERTY INSPECTION CONTINGENCY (1.02) 15111 291 provisions of this Agreement may provide for inspections nnd/or certifications that are not waived or altered by Buyer's election here. 13¢ WAIVED. Buyer understands that Buyer has the option to request inspections of the Property (see Property Inspection Nooses and 136 Environmental Notices). BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement 135 0 ELECTED 13r (A) Within DAYS (15 days if not specified) of the execution of this Agreement, Buyer, at Buyer's expense, may choose to have inapcc- 1sa dwvs and/or certifications completed by hcenaed or otherwise qualified professionals (see Property Impecdon Notices and Environmental secs Notices). This contingency does not apply to the following existing conditions and/or items: 140 let (B) Should Buyer elect to have a home inspection of the Property, as defined in the Pennsylvania Horne Inspection Law, (see Informetioaftarding A02 the Home Inspection Law) such home inspection shall be performed by a full member in good standing of a national home inspection associ- toy ation, lby a person supervised by a full member of a national home inspection association, in accordance with the ethical standards and code 144 of co Jtict practice of that association. !45 Buyer InilLis: ) ?Niw)) A/S 2K Pdge 2 of 8 Seller Itfltials: ' y`r? r v 146 W Feb•22• 2006io10:55AM1withREMAXitionofthePropertyIsstatedinanywrittenreport,Buyerwill: No. 6043 P- 4 , Ii) 140 LJ Option 1. Within the time given for completing Inspections: • 14h 149 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 lav - 1no 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 150 Ir1 promptly to Buyer and this Agreement will be VOID, OR 151 I'L'2 3. Enter into a mutually acceptable written agreement with Seller providing far any repuirs or improvements to the Props y and/or any credit 162 158 to Buyer at settlement, as may be acceptable to the mortgage lender, if any. i,9 15a Should efforts to reach a mutually acceptable agreement fail, Buyer must choose to accept the Property or terminate this Agreement within IN 155 Elie time given for completing inspections slid according to the provisions in paragraph 9(C) (Option 1) 1 and 2. 155 its ? Option 2. Within the time given for completing implections: 156 157 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, 151 133 UNLESS the total cost to correct the conditions contained in the report(s) is more than S 153 1a9 2. If the total coat to correct the conditions contained in die report(s) EXCEEDS the amount specified in paragraph 9(C) (Option 2) 1, 169 160 Buyer will deliver the report(s) to Seller whhn the time given for Inspection. 1Gu 161 a. Seller will, within 7 DAYS of receiving the report(s), inform Buyer in writing of Seller's choice to: 1e, 142 (1) Make repairs before settlement so that the remaining cost to repair conditions contained in the report(s) is lose than or equal to 15x Its the amount specified in paragraph 9 (C) (Option 2) L 153 104 (2) Credit Buyer at settlement for the difference between the estimated cost of repaving the conditions contained In the report(s) 164 Iss and the amount specified in paragraph 9 (C) (Option 2) 1. This option must be acceptable to the mortgage lender, if any. 16s AS (3) Not make repairs and not credit Buyei at settlement for any costs to repair conditions contained in the report(s). I% 16r b. If Seller chooses to make repairs or credit Buyer at settlement as apectfued in paragraph 9 (C) (Option 2) 2, Buyer will accept the 107 Ise Property and agree to the RELEASE set forth in paragraph 25 of this Agreement. 160 Ito c, If Seller chooses not to make repairs and not to credit Buyer at settlement, or if Seller falls to choose any option within the time tar 170 giver, Buyer will, within 5 DAYS: iib 171 (1) Accept the Property with the information stated in the report(s) and agree to the RELEASE act forth in paragraph 25 of this m 172 Agreement, OR in 173 (2) Terminate this Agreement in writing by notice to Seller, in which case all deposit monies paid on detour[ of purchase price will 173 174 be returned promptly to Buyer and this Agreement will be VOID. va Irs 9. WOOD INFMATION INSPECTION CONTINGENCY (1.02) a lit ? WAIVED. Buyer understood& that Buyer has the option to regoest that the Property be in6peeaell for wood infestation by a certified Pest Control ire 177 I7a 00peantor, WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement. 13 ELE T 1,77 C ED 17$ in (A) Within DAYS (15 days if not specified) of the execution of this Agreement, Buyer,. at Buyer's expense, will obtain a written "Wood- tai 160 Destroying Insect Infestation Inspection Report" from a certified Pest Control Operator and Will deliver it and all supporting documents and 166 741 drawings provided by the Pest Control Operator to Seller. The report is to be tads satisfactory to and in compliance with applicable laws, mort- i61 132 gage lenders, and/or Federal Insuring and Guaranteeing Agency requirements, If any. The inspection will include all readily visible and tai As accessibie areas of all structures on the Property except the following structures, which will not be Inspected: 163 IM lac 165 (B) If the inspection reveals evidence of active infestation(s), Seller agrees, at Seder's expense and before settlement, to treat for active infesra- t3; lea lion(s), in accordance with applicable laws. Ira W (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- :st Its ten report by a professional oontreetor, home inspection service, or atracmral engineer that is limited to structural damage to the Property caused use Ira by wood-destroying organisms and a proposal to repair the damage, Buyer will deliver the structural damage report and corrective proposal to IN too Seller within 7 DAYS of delivering the original inspection report. too 191 (D) Within _ 5 DAYS of receiving the structural damage report and corrective proposal, Seller will advise Buyer whether Seller will repair, at 19, 192 Seller's expense and before settlement, any smtctural damage from active or previous infestation(s). 132 192 (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 its 104 set forth in paragraph 25 of this AgrameaL 194 19s (I) If Seller chooses not to repair structural damage revealed by the report or fails to respond wWdn the time given. Buyer, within _5 DAYS. 16'i Its will notify Seller in writing of Buyer's choice m; 106 157 1, Accept the Property with the defects revealed by the inspection, without abatement of price, and agree to the RELEASE set forth in pare- 19'.' Ids graph 25 of this Agreement, OR I* 196 . 2. Make the repairs before settlement. if required by the mortgage lender, if any, at Buyer's expense and with Seller's pemlission, which will 1wa zoo not be unreasonably withheld, in which rase Buyer accepts the Property and agrees to the RELEASE am forth in perujimph 25 of this 2u, 2o, Agreement. If Seller denies Buyer permission to make the repairs, Buyer may, within S DAYS of Seder's denial, terminate this 20"1 202 Agreement in writing, in which case all deposit monies paid.on account of purchase price will be returned promptly to Boyer and this :a12 w3 Agreement will be VOID, OR 1rn 204 3. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer and :tic 205 this Agreement will be VOID. ns; 204 10. RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT NOTICE REQUIRED FOR PROPERTIES a 3 2017 B XT REFORE 1979 (1-02) ra> NOTAPPI.ICABLE 2011 200 [3 APPLICABLE yw 213 (A) Seller represents that Seller has no knowledge concerning the presence of lead-based paint and/or lead-*bfi ed paint hazards in cr about the 210 ill Property, tintless checked below. ?II 21= ? Seller has knowledge of die presence of lead-based paint and/or lead-based paint hazards in or about the Property. (Provide the basis for :ter 213 determining that lead-bayed paint and/or hazards exist, tho location(s), the condition of the painted surfaces, and other avai)hb)e informs. 2Is 214 lion concerning Scller:s knowledge of the presence of lead-based paint and/or lead-based paint hazards.) xis 218 210 2" 220 221 222 ,:'ta 224 220 2245 227 228 229 230 231 232 233 234 To be cont hued 4. (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, 216 Unless checked below. 21-: ? Seller has provided Buyer with all available records and reports pertaining to laud-based paint and/or lead-based paint hazards in or about 218 the Property. (list documents) 219 (C) Buyer's Acknowledgement: Buyer lust received the pamphlet Protect Your Foinily from Uad fn 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, at identified m paragraph 10(A) and has received the recoils and reports pertaining to lead-bated paint and/or lead- based paint hazards identified in paragraph 10(B). Buyer's Initials Date (D) RISK ASSESSMENTANSPECTION: Buyer acknowledges that before Buyer is obligated to buy a residential dwelling built before 1978, Buyer has 1_ DAYS to conduct a risk assessment or inspection of the Property for the presence of lead•baied paint and/or lead-based paint hazards. ? 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 point hazards. BUYER WAIVES THIS RIGHT and agrees to the RELEASE set forth in paragraph 25 of this Agreement. ? ELECTED 1. BvZcr, at Buyer's expense, chooses to obtain a risk assessment and/or inspection of the Property for lead-based paint and/or lead-based putt ?hazar to risk assessment and/or inspection will be completed within 10 DAYS of the execution of this Aw"" en , , Buyer Idtlals:« ! A/8-2K Page 3 of 8 Seller Inltlals: c~' .. - :211 zn 221 223 :«4 W 22n %27 224 21.9 230 :3t X32 _33 234 Feb • 2Y. 2006"10 .5 6 A M ""'R E M A Xx may deliver to Seller a written list of the specific hazardous cond M o • 6 0 4 31 She P • 5 anJ those na .37 .-.._ct._.- -,-ted by ",vr.,, along with a copy of the risk assessment and/or inspection report. t2f zroe 3. Seller may. within 7 DAYS of receiving the list and roport(.s), submit a written corrective proposal to buyer. The corrective proposal W ras will include, but not De limited to, the name of the remedhaion company and it projected completion date for corrective measures. Seller 229 20 will provide certification from a risk assessor or inspector that corrective measures have been satisfactorily completed on or befa>: the Im Ni projected completion date. 261 242 4. Upon receiving the corrective proposal, Buyer, within 5 DAYS, will: 20_ 243 a. Accept the corrective propose) and the Property in writing, unit agree to the RELEASE set forth in paragraph 25 of this Agreemen6 OR M 744 b. Terminate this Agreement in writing, In which case all deposit monies paid on account of purchase price will he retumod promptly At, 2".5 to buyer and this Agreement will be VOID. 1,15 V. 5. Should Seller fail to submit a written corrective proposal within the time set forth in paragraph IO(D)3 of this Agreement, Buyer, 2•t5 zit within 5 DAYS, wilt: °1' ass a. Accept the Property in writing, and agree to the RELEASE set forth in paragraph 25 of this Agreement. OR 246 345 b" Terminate this Agmerntni !n writing, in which case ail deposit monies paid on account of purchase price will be returned promptly tae 210 to Buyer and this Agreement will be VOID. Be 25t 6. Buyer's failure to roterelse any of Buyer's options within the that Bnilta specified in this paragraph will constitute a WAIVER of 2n 292 this contingency and Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 2S of this Agreement. :tie ssl (F.) Certification: By signing this Agreement, Buyer and Seller certify the accuracy of their reopcctivc statements, to the best of their knowledge. M >51 'll. STATUS OF RADON (1.02) :'?q 255 (A) Seller represents that Seller has no knowledge concerning the presence or absence of radon unless checked below, s+:: 2bs ? 1. Seller: has knowledge diet the Property was tested on the dates, by the methods (e.g., charcoal canister, alpha track, etc.), sal with 25d 2a7 the results of all tests indicated below: 2s. 2SJ DATE TYPE OF TEST RESULTS (picocurieslliter or working levels) dzfl t ISU 3?S? tae '? 1161 COPIES OF All AVAILABLE TEST REPORTS will be delivered to Buyer with this Agreement. SELLER DOES NOT WAR- 26! 262 RANT EITHER THE METHODS OR RESULTS OF T RE TESTS. .w 26:3 ? 2. Seller has knowledge that the Property underwent radon reduction measures on the date(s) and by the method(s) indicated below: r63 N4 DATE RADON REDUCTION METHOD 9011 11Erl '?.? LG! 2667 (B RADON INSPEMON CONTINGENCY 2(L 2Gr 26a Q WAIVED. Buyer u identaMs that Buyerhas the option to request that the Property be inspected for radon by a certified 1111wror (ate Environ- 2% 261) mental Notices: Radon). BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement 2a0 Vo ? ELECTED. Buyer, at Buyer's expense, has the option to obtain, from a certified inspector, a radon test of the Property, and will deliver a copy Flu V1 of W test report to Seller within DAYS (15 days if not specified) of the execution of this Agreement (See Favirolmenual Notices: 271 2r4 Radon) :7r 279 1. If the test report reveals the presence of radon below 0.02 working levels (a picocuric6lBtu), Buyer accepts the Property and agrees to the ?`T' rM RELEASE set forth in paragraph 25 of this Agreement. N V6 2. If the test report reveals the presence of radon at or exceeding 0.02 working levels (4 pica;urieslliter), Buyer will, within 7 DAYS 2.75 X76 of receipt of the test results: 276 2n ? Option 1 207 V" A. Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this Agreement. OR We 270 h. Terminate this Agreement in writing, in which can all deposit modes peat as account of purchase price will be returned promptly to Buyer 2m woo and this Agreement will be VOID, OR =m 2a+ c. Submit a written, corrective proposal to Seller. The corrective proposal will include, but not be limited to, the none of the certified miti- 'rut 732 gadot company; provisions for payment, including retests; and a projected completion date for corrective measures. 20: 2a3 (1) Within _ 5 DAYS of receiving the corrective proposal, Seiler will: 249 .are (a) Agree to the terms of the corrective proposal in writing, in which ease Buyer accepts the Property and agrees to the :1601 row RELEASE set forth in paragraph 25 of this Agreement OR ass gas (b) Not agree to the terms of the corrective propose[. tae 292 (2) Should Seller not agree to the terms of the corrective proposed or if Seller fails to respond within the time given, Buyer will, within 2n; ear _ 5 DAYS, elect to: 261 20 (a) Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR nu 20h (b) Terminate this Agreement in writing, in which case all deposit monies paid on at punt of purchase prim will be returned .70 291 promptly to Buyer and this Agreement will be VOID. roe 2a2 ? Option 2 zre z93 a. Accept the Property in writing and agree no the RELEASE act forth in paragraph 25 of No Agreement, OR 202 295 b. Submit a written, corrective proposal to Seller. The corrective proposal will include, but not be limited to, the name of the certified miti^ ua 395 gallon company; provisions for poyment including retests; and a projected completion due for corrective m4asurts. Setter will pay a mix- 25;1 295 imam of S toward the total cost of remediation and retests, which will be completed by aetdomelm 2'!b' 26Y (1) U the total cost of remediation and retests EXCEEDS the amount specified in paragraph II(B) (Option 2) b, Seller will, within eat zee _`,_ DAYS of receipt of the cost of remediation, notify Buyer in writing of Seller's choice to: rsu Zoe (a) Pay for the total cost of rernediatien and retests, in which cam Buyer accepts the Property and agrees w the RELEASE set forth tw 300 in paragraph 25 of this Agreement OR W. soI (b) Contribute toward the total cost of temediation and retests only rise amount specified In paragraph I I(B) (Option 2) b. 2:» 332 (2) If Seller chooses not to pay for the total cost of remediatioo and retests, or if Seller furs to choose either option within the time 'raw. Este given, Buyer wil1,.witlutt_,,S_ DAYS, notify Seller in writing of Buyers choice to: 304 rPi P.v tho AIffP.YTr,nr hINII`M CPIIPr?C rnnrriM,rtnn m ffTMnl9ltnn „nA WW'. 'nA rFn O(,r1i0I /`n r, ,I,nrnnF in ,v l,inl, nao? 0^.i To be continued 5. 1 305 Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR 300 (b) Terminate Chit Agreement, in which case all deposit monies paid on account of purchase price will be returned promptly 366 30 to Buyer and this Agreement will be VOID. As 12. STATUS OF WATER (1-02) "D 309 (A) Seller represents that the Property is served by- 310 ? /Public Water 319 311 ur On-site Water °tl 313 ? Community Water 313 ? None ..",t4 314 ' WATTSR SE i ICS ]NSPECr N CONT GENCY B sts 315 316 ( WAIVED. Buyer acknowledges that Buyer hob the option to request an inspection of the water service for the Property. BUYER WAIVES ,r,3 317 THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement. 31f 3W ? ELECTED 313 3ra 1. Buyer has the option, within DAYS (15 days if not specified) of du execution of this Agreement and at Blryer's expense, to deliver : +s 3.t0 to Se ' a written inspection report by a qualified, professional water testing company of the quality and/or quantity of the water service, i? 11W 3:n 121 ??...,. ~ , 322 v V"" A/S-2K Page 4 of 8 Seller InltfeU'. Buyer Inltlals-' V Feb . 2 2*, 2 0 0 6' 10: 51 AMhe rePR E MAkls that the water service does not meet the minimum standards of any N o • 6 O 4 jcpv,erR_ bat authority and/or -.- suLisfy the requirements for quality and/or quantity sot by the morn a lender if ray, en th SaII er wild within , 5 DAYS u re f ag 317 the report, notify Buyer in writing of Seller's choice to: g , sea a. Upgrade the water service to the minimum acceptable levels, before settlement, in which case Buyer accepts the Property one 324 to the RELEASE set forth in paragraph 25 of this Agreement, OR 330 b. Not upgrade the water service. 331 4. If Setter chooses not to upgrade the service to minimum acceptable levels, or falls to respond within the time given. Buyer will, 333 5 DAYS, either: sa3 a. Accept the Property and the water service and, if required by the mortgage lender, if any, and/or any governmental authority, L 334 the water service before settlement or within the time required by the mortgage lender, if any, and/or any gove nmental antht 336 Buyer's expense and with Seller's permission. which will not be unreasonably withheld, and agree to the RELEASE set forth i 330 graph 25 of this Agreement. If Seller denies Buyer permission to upgrade the water service, Buyer may, within. s Di 337 Seller's denial, terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price 336 - returned promptly 10 Buyer and this Agreement will be VOID, OR Sae b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned po Sao to Buyer and this Agreement will be VOID. 341 13. STATUS OFSFWER(1-02) 341 (A) Seller represents that the Property is served by: 343 ?,?Pt blic Sewer 344 Ej Individual On-lot Sewage Disposal System (See Sewage Notice 1) 345 ? Individual On-lot Sewage Disposol System in Proximity to Well (See Sewage Notice I; see Sewage Notice 4, if applicable) 346 ? Community Sewage Dieposel System 347 ? Ten-acre Pamhit Exemption (See Sewage Notice 2) 348 ? Holding Tank (See Sewage Notice 3) 343 ? None (See Sewage Notice 1) 350 ? None AvailabldPermit Limitadons in Effect (Ste Sewage Notice 5) 361 ? 3.52 (B)OOD/VIDUAL ON-LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY 363 p? WAIVED. Buy= acknowledges that Buyer has the option to request an individual on-tut sewage disposal inspection of the Property. Bt 364 WAIVES TWS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement. 35S ? ELECTED 356 I. Buyer has the option, within DAYS (15 days If not specified) of the execution of this Agreement and at Buyer's exper 35r deliver to Seller a written inspection report by a qualified, professional inspector of the individual on-lot sewage disposal system, era 2. Seller, at Seller's expense, agrees, if and as required by the Inspection company, to locate, provide access to and empty the individu 354 lot sewage disposal system. Seller also agrees to restore the property, at Seller's expense, prior to settlement. son 3. If the report reveals defects that do not require expansion or replauen int of the existing sewage disposal system, Seller will, t 381 - _7 DAYS of receipt of the report, notify Buyer in writing of Seller's choice to: sea a. Correct the defects before settlement, including mount, at Seller's expense, in which cue Buyer accepts the Property and agn ass the RELEASE set forth in paragraph 25 of this Agreement, OR 264 b. Not correct the defects. 385 4, If Seller chooses not to correct the defects, or if Seller falls to respond within the time given, Buyer will, within _ 5 DAYS, ei 366 a. Accept the Property and the system and, if required by the mortgage leader, if any, and/or any governmental authoriry, tone 3V defects before settlement or within the time requited by the mortgage lenden if any, and/or any governmental authority, at Bt San sole expense and with Seller's permission, which will not be unreasonably withheld, and agree to the RELEASE set forth in 36s graph 25 of this Agreement. If Seller denies Buyer permission to cotta:[ the defects, Buyer may, within S DAYS of Se 370 denial, terminate this Agreement in writing, in which case all deposit monies paid on account of purchme price will be ren 371 promptly to Buyer and this Agreement will be VOID, OR V2 b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be rate 3r3 promptly to Buyer and this Agreement will be VOID. 3?4 5. If the repot reveals the need to expand or replace the existing individual on-lot sewage disposal system, Seller may, within 25 D 373 of receipt of the report, submit a corrective proposal to Buyer. The corrective proposal will include, but not be limited to, the name d 1V76 t'enediation company; provisions for payment, including retests; and a projected completion date for corrective measures. W 3.17 5_ DAYS of receiving Seller's corrective propose), or It no corrective proposal Is received within the time giver, Buyer will: Ira IL Agree to the lemu of the corrective proposal, if any, in writing, in which case Buyer accepts the Property and ugrees to die RE12 atv set form in paragraph 25 of this Agreement, OR eau b. Accept the Property and the system and, if requited by the mortgage lender, if any, and/or any governmental authority, ware 301 defects before settlement or within the time required by the mortgage lender, if any, and/or wry governmental authority, at Bud 303 sole expense and with Seller's permission, which will not be unreasonably withheld, and agree to the RELEASE set fonh in 1 ana graph 25 of this Agmemant. If Seller denies Buyer permission to correct the defects, Buyer may, within 5 DAYS of Sel 364 denial, terminate this Agreement in. writing, in which care all deposit monies paid on account of purchase pdm will be retu ass promptly to Buyer and this Agreement will be VOID, OR - 336 c. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned prom 38T to Buyer and this Agreement will be VOID. 388 14. NOTICES, ASSESSMENTS & CERTMCE,TES OF OCCUPANCY (1-02) 36o (A) Seller represents, as of Sollar's execution of this Agreement, that no public improvement, condominium or homeowner association assassin 3011 have been made against the Property which remain unpaid, and that no notice by any government or public authority has been served u 341 Seller or anyone on Seller's behalf, including notices relating to violations of zoaing, bousing, building, safety or fire ordinances which ran Sat uncorrected, and that Seller knows of no condition that would constitute violation of any such ordinances which remains uncorrected, tin 303 nrhowie, ew,M.d hem- T. be coni'?nuetl 6_ $94 395 M J4) NO 990 490 401 401 403 404 005 406 •im 4ea 409 410 (B) Seller knows of no other potential notices (including violations) and assessments except as (C) In the event any notices (including violations) and assessnunts are received after execution of this Agreement and beforesettlement, Seller v notify Buyer in writing, within _$_ DAYS of receiving the nodet or assessment. that Seller will: 1. Comply with notices and assessments at Seller's expense, in which case Buyer accepts the Property and agrees to the RELEASE, set fo in paragraph 25 of this Agreement, OR 2. Not comply with notices and assessments at Seller's expense. 3. If Seller chooses not to comply with notices and assessments, or MIL within the time given to notify Buyer if Sdkr will comply, Bu; will notify Seller within _ 5 DAYS in writing that Buyer will either: a. Comply whh notices and assessments at Buyer's expense and agree to the RELEASE set forth in paragraph 25 of this Agreement, b. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned promptly to Bu) and this Agreement will be VOID. U Buyer Yalla to notify Suter within the time given, Buyer accepts the Property and agrees to the RELEASEset forth in pat graph 25 of this agreement. (D) Buyer is fd" at ?c t a public road may require issuance of a highway occupancy permit from the Departmtnt of Trttttyponapon. Buyer Initials: t A!S-21K Page 5 of 8 Seller Initials: i ( T -? ?_ .. 02 in, it ] UI Me CXc"0011 nl Dtls Abfeeineul Zieftl' will urL10- J, dulrvur tLJI' tk'.p ulctnunC F e b 2 2' 0 0 6:r 10 : 5 B A M;m the R E MAX are munici rl 0 ?6 0 4 3 al de artment or do a t t di l i i f 6 ? ,I, p p p men s r sc os ng not ce o any uncu atiuns !.. 6ing, hpas 412 413 ing, building, safety or fire ordinances. AND/OR 03 414 2. A certificate permitting occupancy of the Property. In the event mpairWimprovemenrs are required for the issuance of the cerdfrcerc, SclIce 4i a 414 will, within S DAYS of Seller's receipt of the requirements, notify Buyer of the requirements and whether Seller will make the 4t5 419 required repairs/improvements at Seller's expense. 416 417 If Seller chooses to make the required repairs/improvements, Buyer agrees to accept the Property as repaired and agreea to the RELEASE sot 417 416 forth in paragraph 25 of this Agreement. If Seller chooses not to make the required repairs/improvements, Buyer will, within 5 DAYS, 41u 419 notify Seller in writing of Buyer's choice to terminate this Agreement OR make the repeirsfimprovementR at Buyer's r pmae and with Sollor's 41.4 ,120 permission, which will not be unreasonably withheld. If Seller denies Buyer permission to make the required repairs or if Seller fails to respond 420 421 within the time given, Buyer may, within S DAYS, terminate this Agreement in writing, in which case all deposit monies paid on account 421 422 of purchase price will be mtumod promptly to Buyer and this Agreement will be VOID. 422 a23 1S. TITLE, SURVEYS & COSTS (1-02) 42S 424 (A) The Property Is to be conveyed free and clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the following: existing 424 des deed restrictions, historic preservation restrictions or ordinances, building restrictions, ordinances, easements of roads, easements visible upon 4Z 426 the ground, easements of record, privileges or rights of public service companies, if any; otherwise the tide to the above described real estate 420 427 will be good and marketable and such as will be insured by a reputable Title Insurance Company at the regular rates, 4i7 42s (B) Buyer will pay for the following: (1) Tide Search, tide insurance and/or mechanics lien insurance, or fee for cancellation of same, if any; 428 429 (2) Flood insurance, fire insurance with extended coverage, mine subsidence insurance, or fee for cancellation of sane, if any; (3) Appraisal 426 ;;rc fees and charges paid in advance to mortgage lender, if any; (4) Buyer's customary settlement costs and accruals. 430 431 (C) Any survey or surveys which may be required by the Title issuance Company or the 4bgtracting attorney for, the preparation of an adequate 431 432, legal description of the Property (or the correction thereof) will be secured and paid for by Seller. Any Survey or surveys desired by Buyer or 432 434 required by the mortgage leader will be secured and paid for by Buyer. ea:l 434 (D) In the event Seller is unable to give a good and marketable title and such as will be insured by a reputable Tide Company at the regular rates, a6 434 435 specified in paragraph I S(A), Buyer will have the option of. (1) taking such title as Seiler can give with no change to the purchase price; or (2) being 434 4313 repaid all monies paid by Buyer to Seller on account of purchase price and being re ribursed by Seiler for any costs ineprTed by Buyer for any inspec- 4911 437 tiuns or certifications obtained according to the teens of the Agreement, and for those: items specified in paragraph 15(B) items (1), (2), (3) and in 437 436 paragraph 15(C), in which case there will be no further liability or obligation on either of the partics hereto and thiaAgreenunt will becorm VOiD. 434 412 16. ZONING CLASSIFICATION(1-02) 434 449 Failure of this Agreement to contain the zoning classification (except in cases where Me property (and each parcel thereof, if subdividable) is zoned 449 at1 solely or primarily to permit single-family dwelling) will render this Agreement voidable at the option of the Buyer, and, if voided, any deposits w; 442 tendered by the Buyer will be tuned to the Buyer without any requirement for court action. Oat 443 7mhig Classif cation: ,.. 7 4,14 444 ? ELECTED. Within ?15_- DAYS of the execution of this Agreemwr, Buyer will verify that the existing use of the Property aA 444 445 is panniued. In the event the use is not permitted, Buyer will, within the time n49 446 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 446 447 case RIl deposit monies paid on account of purchase price will be returned promptly to Buyer. Buyer's Cellars to respond within the time 447 44s given will constitute a WAIVER of this contingency and all other terms of this Agreement remaga to ton force aced effect, 440 449 17. C L NOTICE 44s 450 NOT APPLICABLE Oro 491 ? APPLICABLE 491 462 THIS DoCIMENTMAY NOT s" CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHTS OF SUITORT UNDERNEATH THE SURFACE LAND 4E2 453 DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL IUONt TO REMOVE ALL SUCH COAL AND 453 40 IN THAT CbNNfictioN, DAMAGE MAY RaSuLT TO THE SURPACE OF THE LAND AND ANY HOUSE. BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. (WS 494 45 notice is set forth in the manner provided in Section 1 of the Act of July t7,1951, P.L, 994.)'Buyer acknowledges that he may not be obtaining the 44s 456 right of protection against subsidence resulting from coal mining operations, and that the prgpeaty described herein may be protected from damage 453 451 due to mine subsidence by a privets contract with the owners of the economic interests in the coal. Tins acknowledgement is mode for the purpose ss7 458 of complying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land ConeervaionAct of April 27,1966." Buyer agrees 464 09 to sign the deed from Seiler which deed will contain die aforesaid provision. we 4aa III. POSSESSION (1.02) -02). so 461 (A) Possession is to be delivered by deed, keys and: 491 492 1. Phyaical possession to vacant Property tree of debris, with all structures broom-clean, at day mid time of settlement, AND/OR 402 4% _ 2. Asslgrmtent of existing lease(s), together with any security deposits and interest, at time of seulement, if Property in leased at the 403 404 execution of this Agreement or unless otherwise specified herein. Buyer will acknowledge existing lease(s) by initialing said lesso(s) at 454 495 time of execution of this Agreement. 465 466 (B) Seller will not enter into any new leases, written extension of existing leases, if any, or additional leates for the Property without the written 464 467 consent of Buyer. 487 499 19. RECORDING (3.96) This Agreement will not be recorded in the Officc for the Recording of Deeds or in any other office or piece of public record 46a 459 and if Buyer causes or permits this Agreement to be recorded, Seiler may elect to near such act as a breach of this Agreement. 460 470 20. ASSIGNMENT (3.85) This Agreement will be binding upon the parties, their respective heirs, personal representatives, guardians and successors. 476 471 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 471 472 Agreement without the written consent of Seller. 472 Ora 21. DEPOSIT & RECOVERY FUND (1-02) 473 474 (A) Deposin paid by Buyer widda 30 DAYS of settlement will be by cash, cashier's or certified check. Diposits, regardless of the form of 474 475 payment and the person designated as payee, will be paid in U.S. Dollars to Broker or parry identified in paragraph 3(B), who will retain them 475 4,6 in an escrow account until consummation or termination of this Agreement in conformity with all applicable laws and regulations. Any mcnabed 476 477 check tendered as deposit monies may be held pending the ateceptance of this offer. 477 47a (B) Upon tetmimtion of this Agreement, the Broker holding the deposit monies will release the deposit tnordee in accordance with the tams of a 47R 419 fully executed written agreement berween Buyer and Sella. 479 „ To be Continued 7 . 4aa (C) In the event of a dispute over entitlement to deposit monies, a broker holding the deposit monies is required by the Ralet an9 Regtdadons of 4so tai the State Real Estate Commission (49 Pa Code 435.327) to retain the monies in escrow until the dispute is resolved. In the event of litigation sat 48z for the return of deposit monies, a broker will distribute the ironies as directed by a final order of court or the written Agreement of the parties. 4aa 493 Buyer and Seger agree that, in the event any broker or affiliated licensee is joined in litigation for the return of deposit monies, the attorneys' ad3 484 fees and costs of the broker(s) and licensee(s) will be paid by the party joining them. 184 405 (A) A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real estate 48a 08 licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been unable to collect tha judgment after exhaust. 400 487 ing all legal and equitable remedies. For complete detaila about the Fund, call (717) 783-3658, or (800) 822-2113 (within Pennsylvania) and 49r 488 ( 17) 783.4854 (outside Pennsylvania). 4aa 480 22. C MBYIUM/PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) RESALE NOTICE (1.02) 4aa too NOTAPPIICABLE 4w 491 Q APPLICABLE: CONDOMIMUM. Buyer acknowledges that the Property is a unit of a condominium that is primarily run by a unit owners' 491 492.. association. §3407 of the Uniform Condominium Act of Pennsylvania requires Seller to furnish Buyer with a Certificam of Resale and copies 4s't 495 of tho condominium declaration (other than plats and plans), the bylaws, and the rules and regulations of the association. 495 4a4 ? APPLICABLE: PLANNED COMMUNrTY (HOMEOWNER ASSOCIATION). Buyer acknowledges that the Property is part of a planned 4a4 4^.s community as refined by the Uniform Planned Community Act. (See Definition of Planned Continuity Notice). §5407(a) of the Act requires 49s 4 u Setter to'famish Buyer with a copy of the Declaration (other than plats and plans), the bylaws, the rules and regulations of the association, and 4W 497 a Certiftrcate'ognt t the provisions set forth in §5407(a) of the Act. I r 49' 4aa 1 L y Buyer loitiaLr??T 1 J A/S.2A Page 6 of 8 Seller Initials: sss Soo 901 sae $03 504 601 606 507 660 wa 510 511 six 513 514 618 510 07 51a 519 Stn 531 6?2 52. 524 $26 $:6 527 US 529 530 531 oar sit 534 53u 936 %7 536 $94 540 541 54'. W 544 546 516 54) S46 340 suit sac 5s3 654 555 556 a6P 660 5% $60 fiat 562 503 so 565 960 Aay Feb 22'. 2006'rV0:59AM'"5"REMWER"Es1'IiATAREPAU7' OF ACONUUN11N1UMOk&PL0No•60431MUP• B ilk,) .. .. ......... 1:__. _..... ?f the of this Agreement, Seller will submit a request to the association for a ueruncute of ReseuE and the doc- awl uments necessary to enable Seller to comply with the Act. The Act provides that the association is required to provide these documents within esi to days of Seller's request. W (B) Seller will promptly deliver to Buyer all documents received from the association. Under the Act, Seller is not liable to Buyer for the failo : or s03 delay of the association to provide die Certificate in a timely manner, nor is Seller liable to Buyer for any erroneous information provided by sat the association and included in the Certificate. sas (C) Buyer may declare this Agreement VOID at any time before Buyer's receipt of rho association documents said fur 5 days thereafter, OR until 500 settlement, whichever ocean first. Buyer's notice declaring this Agreement void must be in writing; thereafter all deposit monies will be eor returned to Buyer. spy (D) in the event the association has the right to buy the Property, (right of fast refusul), said the emaciation exercises that right, Seller will reimburse 009 Buyer for all monies paid by Buyer on account of purchase price and for any coats incurred by Buyer for: (1) Title search, title insonmce and/or sin mechanics lien insurance, or fee for cancellation of same, if any; (2) Flood insurance and/or fire insurance with extended coverage, mine sub- 51r, aidence inaurance, or fee for cancellation of same, if any; (3) Appraieul fees and chmgcs paid in advance to mortgage lender, if any. s::i 23, MAINTENANCE & RISK OF LOSS (1.02) 51:; (A) Seller will maintain the Property, grounds, fixtures, and any petaonal property specifically scheduled herein in its present condition, normal 514 weer and tear excepted, 915 (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 5:9 notify Buyer in writing of Seller's choice to: 51; f. Repair or replace the failed system or appliance before settlement or credit Buyer at settlement for the fair market value of the failed sys- 51a tem or appliance (this option must be acceptable to the mortgage lender, if any). In each case, Buyer accepts the Property Rod agrees to 0tt, the RELEASP set forth in paragraph 25 of this Agreement. OR La 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 Of 51) appliance. If Seller does not repair, replace or offer a credit for the failed system or appliance, or it Seller falls to notify Boyar 522 of Seller's choice, Buyer will notify Seller in writing within _ DAYS or before settlement, whichever is sooner, that Buyer 523 will. 524 a. Accept the Property and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR M b. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will he retained promptly to Buyer :red and this Agreement will be VOID. c21 (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- tat" erty included in this sale that is not repaired or replaced prior to settlement. Buyer will have the option of rescinding Nis Agreement and ua promptly receiving all monies paid on account of purchase price or of accepting the Property in its then condition together with the proceeds an, of any mug raven recovery obtainable by Seller. Buyer Is hereby notified that Buyer may Insure Buyer's equitable interest hr this Property us of Ws the time of execution of this Agreement. M 24. WAIVER OF CONTINGENCIES (1.02) 533 if this Agreement is contingent on Buyer's right to inspect and/or repair the Property, Buyer's failure to exercise any of Buyer% options within Sm the time Ilrube set forth in this Agreement will constitute a WAIVER of that contingency and Buyer accepts the Property and agues to the c36 RELEASE set forth in paragraph 25 of this Agreement. V.; 25, RELEASE (1-02) 0.7 Buyer hereby releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES, and any OFFI- :.a0 CER or PARTNER or any one of them and any other PERSON, FIRM, or CORPORATION who may be liable by or through them, from 09 any and all dishns, lasses or demands, hicludhtg,but tustllmited to, personal injuries and property, damage and all of the consequences there- smu of, whether now known or not, which may arise Aram the presence of termites or other wood-boring inaecta, radon, lead-lasted paint has. ml ards, eavlronmental hazards, any defects in the Individual on-fat sewage disposal system or deficiencies in tine on-alts water service system, 5a2 or any defects or conditions on the Property. Should Seller be In default under the terms of this Agreement, this release does not deprive UV Buyer of alay right to pursue any remedies that may be available under law or equity. This release will survive settlement, Gtr 26. REPRESENTATIONS (1-02) 7e:. (A) Buyer understands that any representations, claims, advertising, promotional activities, brochures or phms of any kind made by Seller, Brokers, 5.6 their licensees, employees, officers, or partners are not a put of this Agreement unless exPmuly incorporated or stated in this Agreement. It is s41 further understood that this Agreement contains the whole agreement between Seller and Buyer and there are no other terns, obligations, Son covenants, representations, statements or conditions, oral or otherwise of any kind whassoever concerning this safe. Furthermore, this 144 Agreement will nut be altered, amended, changed or modified except in writing executed by the panics. :51 (B) It Is understood that Buyer has impacted the Property before signing this Agreement (including fixtures and any personal property $31 specifically scheduled herelm), or has waived the right to do so, and has agreed to purchase the property in its present condition unless 443 otherwise stated. In this Agreement Buyer acknowledges that Brokers, their licensees, employees, officers or partners have not made 56a an independent examination or determination of the structural soundness of the Property, the age or condition of the components; envi- ss4 ronnneatal condidons, the permitted uses, or of conditions existing in the locale where the Property is situated; nor have they made a 5m mechanical inspection of any of the systems contained therein. Us (C) Any repairs required by this Agreement will be completed in a workmanlike manner. 1147 (D) Broker(s) may perform services to assist unrepresented parties in complying with the terms of this Agreement, sw (B) The headings, captions, and line numbers in this Agreement are meant only to make it easier to find the paragraphs. Let 27. DEFAULT(I.02) BID (A) Seller has the option of retaining all sums paid by Buyer, including the deposit monies, should Buyer: 661 1. Fail m make my additional payments as specified in paragraph 3; OR sae 2. .Furnish false or incomplete information to Seller, Broker(s), or the mortgage lender, if any, concerning Buyer's legal or financial status, 963 or fail to cooperate in the processing of the mortgage tom application, which acts would result in the failure to obtain the approval of a s64 mortgage loan commitment; OR - 606 3. Violate or fail to fulfill And perform any other terms or conditions of this Agreement 906 fn1 11n1..e ,.,ho.ules nhnn4?A to naennronV. "frl .CNler may nirrr rn r,+men rhnon same n.I i by Rnvnr inravtiner Arnneir mnnivi in nn? of ,h. sa^ $6a To be Continued following manners; • 81 566 sea 1. Oa account of purchase price; OR ssg 570 1 As monies to be applied to Seller's damages; OR 5ro R1 3. As liquidated damages for such breach. 51`1 sr? (C) ? Seller is limited to retaining sums paid by Buyer, including deposit monies, as liquidated damages. 512 5711 (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 5' 574 will be released from furrher liability or obligation and this Agreement will be VOID. IN 57S 28. MEDIATION (7.96) rrs $76 ? NOT AVAILABLE 576 577 ? 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- 377 a+a tion on the part of any party to do so. Sra aT.. ELECTED 570 680 (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 5se 581 and Procedures of the Home SellersMome Buyers Dispute Resolution System. Any agreement reached through a mediation conference and sm sor signed by the parties will be binding. $aa soa (B) Buyer, and Seller acknowledge that they have received, read, and understand the Rules and Procedures of the Home Sellers/Home Buyers 0, saa Diapute Resolution System (see Mediation Notice). .tine sas (C) This fe'. at to i to disputes arising from this Agreement will survive settlement. 4 ? sb6 Buyer faiti9lQ? .• . "v A/S•2K Pap 7 of 8 Seller Ir ltlals: ??fr?• _- ? 6311 Feb.22- M6411:MAM l,:1REMAXr.OW L. tPPV M k rtis TAUtJ ?? ,h?1117S o•6043 P. 9 06/19/2004 12;36 7175930111 REMAX; PAGE 02 . era. as at;4%L Cl-AUMIZ 11-41)2) say n (A) Ths fallewtng an part of thb Agreetnme if checked: rae 0 ? Bello & 3elderncnt at Other Ptopeay O Sanlemanr of Ocher Property CondoganaY AddOndum (PAR Farer SOP) tog a Contingency Addendum (PAR Form UP) Q Tansm-06odplad Property Addrndum (PAR Form TOP) tern I ? St?a & adameat of Other ProPerq CoatIr4ancy ? _ N' t wl? Right to Continue Marketing Addeodum O rot i (PAR Form 90-CM1 A7 t (B) L, ?r Ud2 ,: -7tt Le. sperm ?•? r :z:s M/wz>d oov. - .u ors tL) G[!/Fr,? ?S J9bi?ll? pG f?Dr9?fT LF/1K/9E E N dr>'sfly+? yr sea a` ago I a, i ,IQ Ntf 12 F?/`r : /6C S 1.7.E /`t-TT r:,771'srs rot G[+'?h7Fle- 6G'CErYt 61- zei.077 tjt5.u? _ asx - t Buyer and Salta adttbvledge receiving a rngy of thb AgataSltat at daa ttmt or sfgnfn* as G04 i NOTICE TO PAR=: WHEN SIGNED,TM AGBFFK*a 18A BjMM CONTRACT. Rt:torn by facalna tcatumlaaiaa (FAlq at this too I Agtrtlrt %attdaB addaoda; bortdg maappuuava•efvB perils, a Mtlkrs OW(geee ot"Agramene Pardo as this altosadim areadvloal rw to eonnde m attorney hofot¢al?Iui l[ Ihal daelte lago? sWriR 0og 1M ? t CI Buyer hw tecelvad am Catrrmor Noose M adopted ray tke grata Rol lfamkCOWAssin ate ft Coda 4U33& wa I Q Bpyar hat natlialvod • sgfawoc of Buyvt'a adlawkd cloalog calls bailers dIA63 this Apetmmt I la i ? BOperhas trod aaad uadoraawda die astka cud aplarWSry lifbnwadm art torih fa tote Agrnaawt m t . Buyer has recalled a Saller'a Property Disdann SWCSerl hdcse dgrtiag the AAte m*N% If rvgdred by law (see IP/OtOOL on Regardtog ttx I the Rat ERak Sailor Dlodavin Lae". tta O BMW here eeeetved the D"It w May Netlee (for eeopet.t(ve sold who Brulto for Salta r k holdhtg depicts a es q) ba lin e404 Ihh rte I AglamteatL acs i sn BUYERS NUTLING na AID BUYERIS /r BUY>??F+/ ?? DATfD? r. M BfIY&R???? ;;,. A? f;._1 ttelew bSY WMESS BUYER DATR 59 seller benty eMwts Ibe above cooaaetthk (due) - A ) a L c azyU and in canaidaedon of the remiter rendered M prancing the NO= Seller agrees w pay 66 named Broker for SvUer a fs of oUDom %S hirelv qud9 solo pries. In du Gams Buyer defaults hereunder, any vaatics Paid ov mu not wBl be dlvk Sr11er ._._.__...42 *01W for Sally, but ht se avant will the an paid rd rho Brtakar for Salter eraeS4 above spoaBed Broker's der, Sa9et bar pealvW the Contuses Nesica ad adopted by the Stile Real BNas CosltaWloo at 49 Pa. Code IN US& Sdkr here #.ftdved q OLtovvaeR d.4ai1C'a aetlwskd daft coo bdan hd"l"g tht Agstrmea4 . 9ellorhaa'ivud arid %ru* loads the agdow and rs wudaFy iafaeruaYoa aetfvtfb ha%* Agraameut... . SRL):EA'S MAUX4(; ADDRESS: DID 0 am rjx a:a A1Y is ax 037 DD u? 0 131 $12 in a], as a" in me sae DID dEtilfR. B'C,, NTACT Nt1l4IDSR S): Odt ? Gx WTTN / SELLER?J DATE?_,?tLQ;C Ma WITNRSS??r---- ttL?,gBL?(flf?1f?f+fJChL- DA _ ?- r M 59d »' DO • MI WrINIM SSLLBR- DATE Da0 3$0 add on Broker't/Liceraees` CWlieatloro (chegb an that are applImble): 612 d Rqudtog Lod•$ama Polo{ I]ee arch rawelklm Bedotred If Property was buVa betlaee 1918: 71D uodurdgaed Vve " (valved In era ,h To be cony 'nuetl 9. thin Ramhactan, on bdhalf of themaofvcr and their broken, cacfy That their atatgamis has true ro the but of their knowledge and W id eaa AaknowkJgshnenite Thu L,lcgna a involved in thlr capsealon have informed Sellet ofSeller's obligations unda'Rtir Xmidential Ealad-Sned Its' Paint Huaal .Reduction Act, 42 U.S.C. W52(d), and are swam of their responalbuity to ensue goMpHintee, c:a nur CS Repr6nq M M"gtst MITI undmigned Lle60e60 havolvad In Ibij transaction, on behalf of tbetnaelver and their brokers, clur* that 00 the runts of [his contract for purchase are true to Tie ben of Their knowledge and belief. and tbat any otht f agtertatat esteem{ IMO by any of csa than parties in conncienon with this mm%wtian is Attached m this Agcomeni. 000 6nh Rcgat,3laglMedlntan; The ontlehsigned (5(,Bmker for Seger ? Broker for Buyer agten to submit to madleden In secwdonce with tlc: panigtaplt28 of thin Agte MUL sdJ C me BROKER FARSELLER (Company Nmg Jd? g 61 0 5 Fgf ! j- YT;e 6 CCJC. kc ACCEPTED BY DAr L. - z7- .- a me E57 BROI ER FOR BU Mill ACCCPSED PY ?e 67e A1S-29 Page lloth an BROKER'S COPY B-DRY WATERPROOFING AbnBgY MON htiled n9M in Irelapm8ng slned1958 'kit <:-,t, A4'r 31rk I I Customer's Name:. 1\ cc.7 Date: 2 / -7 / 0 Job Plan #: 2) 2 -7 ft. 3) 4) :2 ft. I'Y 6 Total Linear Feet X $ (02- Per Foot $ SZ (A) Total Free-Flo * Includes' Free-Flo Pipe; 1 foot band of Rigid Wall Sealer; and complete sump pump installation, including-up-to 16 feet of outside discharge Additional Wall ealer. Plus Other Extras: Total Square Feet (length X height) a) 2.,a S?.•r? $_ X $ Per Square Foot b) E• Z. f3 o?5r. c $ 13 SC> $ Total Additional Sealer C) $ Total Extras 7 OOFTION 3: Total Add On Current Job 3 step Full _ _ f5_ LESNQ _ Full Perimeter Ong Ex m 1 Step Full O OPTION 3: O NOT lnlert ed in option $ I - 'SAVINGS - sq. ft. x $ /sq. ft.= $ + $ _ $ `. *Extra Sealer Tool Sealer Full Mimeter FultFull Sealer (incl. Extras except Sealer) - *(_ ft. long x - ft. high) ?i q , VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. S- R- 06 Date Y- 9- K)6 Date IZ4 P0? O vin vin J. ed n indsay E.? n W. -4. . tv f[ ? l l J n T.-n KEVIN J. KEEN and LINDSAY E. KEEN, Plaintiffs V. MARK E. WORDEN and DIANA L. WORDEN, REIMAX HOMEFINDERS, INC. and HALE REAL ESTATE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. o6- qt?3.S CIVIL TERM ACCEPTANCE OF SERVICE I accept service of the Complaint on behalf of Defendants Mark E. Worden and Diana L. Worden, which Complaint was hand delivered August 24, 2006 to me by James M. Robinson, Esquire, and certify that I am authorized to do so. 8` a4 OG Date as . Miller, Es uire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 Attorney for the Defendants, Mark E. Worden and Diana L. Worden :` a+ I T Z " to ?-{ ? r Flo X i K - 1.0 James L. Goldsmith, Esquire Attorney I.D. No. 27115 CALDWELL & KEARNS ORIGINAL 3631 North Front Street Harrisburg, PA 17110 717-232-7661 KEVIN J. KEEN, and IN THE COURT OF COMMON PLEAS LINDSAY E. KEEN, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. NO. 06-4935 MARK E. WORDEN and DIANA L. WORDEN, RE/MAX HOMEFINDERS, INC. and HALE REAL ESTATE CIVIL TERM Defendants PRAECIPE TO THE PROTHONOTARY OF SAID COUNTY: Please enter my appearance on behalf of RE/MAX Homefinders in the above-captioned action. Respectfully submitted: Date: e-lf ? C ?jpjx 0 J/AWELL oldsm' Ii, squire C& A S rth Front Street (----'Harrisburg, PA 17110 717-232-7661 CERTIFICATE OF SERVICE AND NOW, this Yay of 2006, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: James M. Robinson, Esquire TURO LAW OFFICES 28 South Pitt Street Carlisle, PA 17103 Attorneys for Plaintiffs Kevin J. Keen and Lindsay E. Keen Douglas G. Miller, Esq. IRWIN & MCKNIGHT 60 West Pomfret Street Carlisle, PA 17013 Attorneys for Defendants Mark E. Worden and Diana L. Worden Edwin A.D. Schwartz, Esquire MCKISSOCK & HOFFMAN, P.C. 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 Attorneys for Defendants Hale Real Estate CALDWELL & KEARNS By (:O? {r ? 7 ? . _? - a ?, E.." } . ?? , ` V KEVIN J. KEEN AND LINDSAY E. KEEN, Plaintiffs V. MARK E. WORDEN and DIANA L. WORDEN, RE/MAX HOMEFINDERS, INC. and HALE REAL ESTATE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 06-4935 Civil Term CIVIL ACTION - LAW ENTRY OF _APPFARANCE Kindly enter my appearance on behalf of Defendant, Hale Real Estate, in the above- captioned. Respectfully submitted, McKissock & Hoffman, P.C. By: Edwin A.D. S squire I.D. No.: 75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Dated: /??t,o E, G -J? Attorneys for Defendant, Hale Real Estate CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Entry of Appearance upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: James M. Robinson, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (Counsel for Plaintiffs) Douglas G. Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 (Counsel for Defendants, Mark E. Worden and Diana L. Worden) James L. Goldsmith, Esquire Caldwell & Kerns 3631 North Front Street Harrisburg, PA 17110 (Counsel for Defendat RE/MAX Homefinders) McKissock & Hoffman, P.C. By: <??' Edwin A.D. Schw Esquire I.D. No.: 75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Dated:..,' y ?.c,a o 4 Attorneys for Defendant, Hale Real Estate t ?,? ?_::: L. KEVIN J. KEEN AND LINDSAY E. KEEN, Plaintiffs V. MARK E. WORDEN and DIANA L. WORDEN, RE/MAX HOMEFINDERS, INC. and HALE REAL ESTATE, Defendants No.: 06-4935 Civil Term CIVIL ACTION - LAW NOTICE TO PLEAD To: Kevin J. and Lindsay E. Keen c/o James M. Robinson, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 You are hereby notified to file a written response to the enclosed Answer and New Matter pursuant to Pa.R.C.P. 1030 within 20 days from service hereof or a judgment may be entered against you. ANSWER AND NEW MATTER OF DEFENDANT, HALE REAL ESTATE, TO PLAINTIFFS' COMPLAINT AND NOW comes Defendant, Hale Real Estate (hereinafter referred to as "Answering Defendant"), by and through its counsel, McKissock & Hoffman, P.C. and respectfully provides the foregoing Answer and New Matter to Plaintiffs' Complaint and as such, provides as follows: 1. Answering Defendant is without sufficient information to admit or deny the averments contained in 11 of Plaintiffs' Complaint and as such, strict proof thereof is demanded at the time of trial. 2. Answering Defendant is without sufficient information to admit or deny the averments contained in 12 of Plaintiffs' Complaint and as such, strict proof thereof is IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA demanded at the time of trial. 3. Answering Defendant is without sufficient information to admit or deny the averments contained in 13 of Plaintiffs' Complaint and as such, strict proof thereof is demanded at the time of trial. 4. Answering Defendant is without sufficient information to admit or deny the averments contained in 14 of Plaintiffs' Complaint and as such, strict proof thereof is demanded at the time of trial. 5. The averments in paragraph 5 of Plaintiffs' Complaint are specifically denied. 6. The averments contained in 16 of Plaintiffs' Complaint represent conclusions of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in 16 of Plaintiffs' Complaint are denied and strict proof thereof is demanded at the time of trial. 7. The averments contained in 17 of Plaintiffs' Complaint is an incorporation paragraph to which no response is required. 8. Answering Defendant is without sufficient information to admit or deny the averments contained in 18 of Plaintiffs' Complaint and as such, strict proof thereof is demanded at the time of trial. 9. Answering Defendant is without sufficient information to admit or deny the averments contained in 19 of Plaintiffs' Complaint and as such, strict proof thereof is demanded at the time of trial. 10. Admitted in part, denied in part. It is admitted that at one point Plaintiffs viewed the property located at 110 Big Pond Road, South Hampton Township, Cumberland County wherein Mim Heisey and Michelle Kane were present. The remaining averments and all inferences to be garnered therefrom as set forth in 110 of Plaintiffs' Complaint are specifically denied and strict proof thereof is demanded at the time of trial. 11. The averments contained in 111 of Plaintiffs' Complaint are specifically denied and strict proof thereof is demanded at the time of trial. 12. The averments contained in 112 of Plaintiffs' Complaint are specifically denied and strict proof thereof is demanded at the time of trial. 13. Answering Defendant is without sufficient information to admit or deny the averments contained in 113 of Plaintiffs' Complaint and as such, strict proof thereof is demanded at the time of trial. 14. Admitted. 15. Answering Defendant is without sufficient information to admit or deny the averments contained in 115 of Plaintiffs' Complaint and as such, strict proof thereof is demanded at the time of trial. 16. Answering Defendant is without sufficient information to admit or deny the averments contained in 116 of Plaintiffs' Complaint and as such, strict proof thereof is demanded at the time of trial. 17. Admitted. 18. The averments contained in 118 of Plaintiffs' Complaint are specifically denied and strict proof thereof is demanded at the time of trial. 19. To the extent the averments contained in 119 of Plaintiffs' Complaint are consistent with the written document attached as Exhibit "B" to Plaintiffs' Complaint, such averments are admitted. To the extent the averments contained in 119 of Plaintiffs' Complaint are inconsistent with the written document as attached as Exhibit "B" to Plaintiffs' Complaint, such averments are specifically denied and strict proof thereof is demanded at the time of trial. By way of further response, Answering Defendant is without sufficient information to admit or deny the averments contained in 119 of Plaintiffs' Complaint with respect to what Plaintiffs understood regarding the meaning of water in the basement as set forth in the disclosure statement dated June 29, 2005 as attached as Exhibit "B" to Plaintiffs' Complaint. 20. Answer Defendant is without sufficient information to admit or deny the averments contained in 120 of Plaintiffs' Complaint and as such, strict proof thereof is demanded at the time of trial. By way of further response, Answering Defendant was not a party to the transaction in conveyance of the property occurred in 2004 and as such, Answering Defendant would have no way of knowing of any of the representations set forth in the documents pertaining to that conveyance. 21. The averments contained in 121 of Plaintiffs' Complaint are specifically denied and strict proof thereof is demanded at the time of trial. 22. Admitted. 23. Admitted. 24. Answer Defendant is without sufficient information to admit or deny the averments contained in 124 of Plaintiffs' Complaint and as such, strict proof thereof is demanded at the time of trial. By way of further response, Plaintiffs executed a post settlement possession addendum to agreement of sale. 25. The averments contained in 125 of Plaintiffs' Complaint are specifically denied and strict proof thereof is demanded at the time of trial. 26. Answer Defendant is without sufficient information to admit or deny the averments contained in 126 of Plaintiffs' Complaint and as such, strict proof thereof is demanded at the time of trial. 27. Answer Defendant is without sufficient information to admit or deny the averments contained in 127 of Plaintiffs' Complaint and as such, strict proof thereof is demanded at the time of trial. 28. Answer Defendant is without sufficient information to admit or deny the averments contained in 128 of Plaintiffs' Complaint and as such, strict proof thereof is demanded at the time of trial. 29. Answer Defendant is without sufficient information to admit or deny the averments contained in 129 of Plaintiffs' Complaint and as such, strict proof thereof is demanded at the time of trial. 30. Answer Defendant is without sufficient information to admit or deny the averments contained in 130 of Plaintiffs' Complaint and as such, strict proof thereof is demanded at the time of trial. 31-47. The averments contained in Its 31 through 47, inclusive, of Plaintiffs' Complaint pertain to allegations and assertions advanced by Plaintiff against individuals and/or entities other than Answering Defendant to which no response is herein provided. To the extent the averments contained in Its 31 through 47, inclusive, of Plaintiffs' Complaint are directed by inference to any alleged action and/or omission of Answering Defendant, such averments are specifically denied and strict proof thereof is demanded at the time of trial. 48. The averments contained in 148 of Plaintiffs' Complaint is an incorporation paragraph to which no response is required. 49. The averments contained in 149 of Plaintiffs' Complaint are specifically denied and strict proof thereof is demanded at the time of trial. 50. The averments contained in 150 of Plaintiffs' Complaint represent conclusions of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in 150 of Plaintiffs' Complaint are denied and strict proof thereof is demanded at the time of trial. 51. The averments contained in 151 of Plaintiffs' Complaint represent conclusions of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in 151 of Plaintiffs' Complaint are denied and strict proof thereof is demanded at the time of trial. 52. The averments contained in 152 of Plaintiffs' Complaint represent conclusions of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in 152 of Plaintiffs' Complaint are denied and strict proof thereof is demanded at the time of trial. 53. The averments contained in 153 of Plaintiffs' Complaint represent conclusions of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in 153 of Plaintiffs' Complaint are denied and strict proof thereof is demanded at the time of trial. 54. The averments contained in 154 of Plaintiffs' Complaint represent conclusions of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in 154 of Plaintiffs' Complaint are denied and strict proof thereof is demanded at the time of trial. 55. The averments contained in 155 of Plaintiffs' Complaint represent conclusions of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in 155 of Plaintiffs' Complaint are denied and strict proof thereof is demanded at the time of trial. 56. The averments contained in 156 of Plaintiffs' Complaint represent conclusions of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in 156 of Plaintiffs' Complaint are denied and strict proof thereof is demanded at the time of trial. 57-62. The averments contained in 11s 57 through 62, inclusive, of Plaintiffs' Complaint pertain to allegations and assertions advanced by Plaintiff against individuals and/or entities other than Answering Defendant to which no response is herein provided. To the extent the averments contained in 11s 57 through 62, inclusive, of Plaintiffs' Complaint are directed by inference to any alleged action and/or omission of Answering Defendant, such averments are specifically denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Answering Defendant, Hale Real Estate, respectfully requests this Honorable Court enter judgment in its favor and against Plaintiffs' in the above- referenced action and further grant Answering Defendant all such further relief as is proper and just. NEW MATTER 63. Answering Defendant respectfully incorporates the responses set forth in Paragraphs 1 through 62, inclusive, hereinabove as if more fully set forth herein at length. 64. Any and all claims asserted by the Plaintiffs against Answering Defendant in this matter are barred by the statute of limitations to the extent that facts as developed in future discovery may implicate. 65. Plaintiffs' alleged damages, if any, were not proximately caused by the actions or inactions of Answering Defendant, to the extent facts as developed in future discovery may implicate. 66. The negligent acts and/or omissions of other individuals or entities constitutes an intervening and/or superseding cause of the damages alleged, if any, to have been sustained by the Plaintiffs in this matter to the extent facts as developed in future discovery may implicate. 67. Plaintiffs' alleged damages, if any, were caused by the acts and/or omissions of a person or persons other than Answering Defendant to the extent that facts as developed in future discovery may implicate. 68. Plaintiffs' alleged damages, if any, were caused by acts, omissions or factors beyond Answering Defendant's control or legal right to control to the extent that facts as developed in future discovery may implicate. 69. Plaintiffs may have already entered into a release and/or voluntary discharge with other individuals, entities or judicial bodies which may have the effect of discharging any liability of Answering Defendant to the extent that facts as developed in future discovery may implicate. 70. Plaintiffs' claims are barred and/or limited under the doctrine of consent to the extent that facts as developed in future discovery may implicate. 71. Plaintiffs' claims are barred and/or limited under the doctrine of estoppel to the extent that facts as developed in future discovery may implicate. 72. Plaintiffs' claims are barred and/or limited under the doctrine of failure of consideration to the extent that facts as developed in future discovery may implicate. 73. Plaintiffs' claims are barred and/or limited under the doctrine of waiver to the extent that facts as developed in future discovery may implicate. 74. Plaintiffs' Complaint fails to set forth any claim for which relief may be granted. 75. Plaintiffs' Complaint fails to allege cognizable damages. 76. Plaintiffs have not sustained any damage. 77. Inasmuch as the Pennsylvania Rules of Civil Procedure, specifically Rule 1032, provides that a party waivers all defenses not presented by way of answer, Answering Defendant, upon advise of counsel, hereby asserts all affirmative defenses as set forth in the Pennsylvania Rules of Civil Procedure 1030 those defenses to include in addition to the defenses already enumerated above, assumption of the risk, consent, contributory negligence, discharge in bankruptcy, estoppel, failure of consideration, illegality, immunity from suit, impossibility of performance, justification, latches, license, payment, privilege, release, statute of frauds, statute of limitations, truth and waiver, with these said affirmative defenses being subject to demonstration during the discovery process and proof, as relevant, at the time of trial. Respectfully submitted, McKissock & Hoffman, P.C. By _ Edwin A.D. Sc , Esquire I.D. No.: 75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Dated:/4?- sr? ac, Attorneys for Defendant, Hale Real Estate Selo 18 06 09:57a hale real estate (717)532-5463 p.2 VERIFICATION I, Ken Hale, hereby verify that the statements in Defendant's Answer and New Matter are true and correct to the best of my information, knowledge and belief. 1 understand that the statements are made subject to the penalties of PA.C.S. Section 4904, relating to the unsworn falsification to authorities Dated: Estate CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Answer and New Matter upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: James M. Robinson, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (Counsel for Plaintiffs) Douglas G. Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 (Counsel for Defendants, Mark E. Worden and Diana L. Worden) James L. Goldsmith, Esquire Caldwell & Kerns 3631 North Front Street Harrisburg, PA 17110 (Counsel for Defendant RE/MAX Homefinders) McKissock & Hoffman, P.C. By: Edwin A.D. Schwaft Xsquire I.D. No.: 75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Dated:/ Fr SS, w o 6 Attorneys for Defendant, Hale Real Estate a C7 ?? W? cn r3 KEVIN J. KEEN and LINDSAY E. KEEN, Plaintiffs, V. MARK E. WORDEN and DIANA L. WORDEN, RE/MAX HOMEFINDERS, INC., and HALE REAL ESTATE, Defendants. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 2006 - 4935 CIVIL TERM JURY TRIAL DEMANDED NOTICE To: Kevin J. Keen and Lindsay E. Keen, Plaintiffs Re/Max Homefmders, Inc., Defendant Hale Real Estate, Defendant YOU ARE HEREBY NOTIFIED that you must responsively plead to the within New Matter and Counterclaim of Defendants Mark E. Worden and Diana L. Worden, pursuant to Pa. R.C.P. 1026 within twenty (20) days after service, or a default judgment may be entered against you. IRWIN & McKNIGHT Date: October 11, 2006 By: DG Miller, Esquire Supreme Court I.D. No: 83776 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 Attorney for Mark E. and Diana L. Worden KEVIN J. KEEN and LINDSAY E. : IN THE COURT OF COMMON PLEAS OF KEEN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. No. 2006 - 4935 CIVIL TERM MARK E. WORDEN and DIANA L. WORDEN, RE(MAX HOMEFINDERS, INC., and HALE REAL ESTATE, Defendants. JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND COUNTERCLAIM TO PLAINTIFFS' COMPLAINT AND NOW this 11th day of October, 2006, come the Defendants Mark E. Worden and Diana L. Worden by and through their attorneys, Irwin & McKnight, and respectfully file this Answer with New Matter and Counterclaim to the Plaintiffs' Complaint, and in support thereof aver as follows: 1. The averments of fact contained in paragraph one (1) of the Plaintiffs' Complaint are admitted. 2. The averments of fact contained in paragraph two (2) are admitted. 3. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph three (3) so they are therefore specifically denied and strict proof thereof is demanded at trial. 4. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph four (4) so they are therefore specifically dented and strict proof thereof is demanded at trial. 5. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph five (5) so they are therefore specifically denied and strict proof thereof is demanded at trial. 6. The averments contained in paragraph six (6) are conclusions of law to which no response is required. 7. The averments contained in the Answering Defendants' Answers in paragraphs one (1) through six (6) above are hereby incorporated by reference as if fully set forth below. 8. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph eight (8) so they are therefore specifically denied and strict proof thereof is demanded at trial. 9. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph nine (9) so they are therefore specifically denied and strict proof thereof is demanded at trial. 10. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph ten (10) so they are therefore specifically denied and strict proof thereof is demanded at trial. 11. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph eleven (11) so they are therefore specifically denied and strict proof thereof is demanded at trial. 12. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph twelve (12) so they are therefore specifically denied and strict proof thereof is demanded at trial. 13. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph thirteen (13) so they are therefore specifically denied and strict proof thereof is demanded at trial. 14. The Agreement of Sale attached as Exhibit "A" to Plaintiffs' Complaint and referenced in paragraph fourteen (14) speaks for itself and therefore no response is required. 2 15. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph fifteen (15) so they are therefore specifically denied and strict proof thereof is demanded at trial. 16. The averments contained in paragraph sixteen (16) are admitted in part and denied in part. It is admitted that Plaintiffs elected not to require a home inspection in the Agreement of Sale. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the remaining averments contained in paragraph sixteen (16) so they are therefore specifically denied and strict proof thereof is demanded at trial. 17. The averments contained in paragraph seventeen (17) are admitted. 18. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph eighteen (18) so they are therefore specifically denied and strict proof thereof is demanded at trial. 19. The Seller's Property Disclosure Statement attached as Exhibit "B" to Plaintiffs' Complaint and referenced in paragraph nineteen (19) speaks for itself and therefore no response is required. To the extent a response is required and after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph nineteen (19), specifically those averments regarding Plaintiffs' interpretation of Exhibit "B," so they are therefore specifically denied and strict proof thereof is demanded at trial. 20. The Agreement attached as Exhibit "C" to Plaintiffs' Complaint and referenced in paragraph twenty (20) speaks for itself and therefore no response is required. To the extent that a response is required, the averments are conclusions of law, and any inference that Answering Defendants did not disclose water leakage in their basement is specifically denied and strict proof thereof is demanded at trial. 3 21. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph twenty-one (21) so they are therefore specifically denied and strict proof thereof is demanded at trial. 22. The averments contained in paragraph twenty-two (22) are admitted. 23. The Agreement referenced in paragraph twenty-three (23) speaks for itself and therefore no response is required. To the extent that a response is required and by way of further answer, the Agreement of Sale was only dated on December 2, 2005, and as a condition of having settlement Answering Defendants wanted the opportunity to spend Christmas with their children at their home. 24. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph twenty-four (24) so they are therefore specifically denied and strict proof thereof is demanded at trial. 25. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph twenty-five (25) so they are therefore specifically denied and strict proof thereof is demanded at trial. 26. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph twenty-six (26) so they are therefore specifically denied and strict proof thereof is demanded at : trial. 27. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph twenty-seven (27) so they are therefore specifically denied and strict proof thereof is demanded at trial. 4 28. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph twenty-eight (28) so they are therefore specifically denied and strict proof thereof is demanded at trial. 29. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph twenty-nine (29) so they are therefore specifically denied and strict proof thereof is demanded at trial. 30. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph thirty (30) so they are therefore specifically denied and strict proof thereof is demanded at trial. COUNTI 31. The averments contained in the Answering Defendants' Answers in paragraphs one (1) through thirty (30) above are hereby incorporated by reference as if fully set forth below. 32. The averments contained in paragraph thirty-two (32) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Answering Defendants did disclose in their Seller's Property Disclosure Statement that they had a running sump pump in the basement and were aware of "water leakage, accumulation, or dampness" in the basement, which statement was signed on June 29, 2005, and provided to their realtor. 33. The averments contained in paragraph thirty-three (33) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 5 34. The averments contained in paragraph thirty-four (34) are denied as stated. It is admitted that Answering Defendants did disclose in their Seller's Property Disclosure Statement that they had a running sump pump in the basement and were aware of "water leakage, accumulation, or dampness" in the basement, which statement was signed on June 29, 2005, and provided to their realtor. The remaining averments of paragraph thirty-four (34) are specifically denied and strict proof thereof is demanded at trial. 35. The averments contained in paragraph thirty-five (35) are conclusions of law to which no response is required. To the extent that a response is required, Answering Defendants did disclose in their Seller's Property Disclosure Statement that they had a running sump pump in the basement and were aware of "water leakage, accumulation, or dampness" in the basement, which statement was signed on June 29, 2005, and provided to their realtor. 36. The averments contained in paragraph thirty-six (36) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 37. The averments contained in paragraph thirty-seven (37) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Plaintiffs state in their Complaint that they did not receive a copy of the Seller's Property Disclosure Statement signed by Answering Defendants, and therefore Plaintiffs could not have relied upon what they now wrongly characterize as a misrepresentation. 38. The averments contained in paragraph thirty-eight (38) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 39. The averments contained in paragraph thirty-nine (39) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 6 WHEREFORE, Answering Defendants respectfully request that this Honorable Court enter a judgment in their favor and against Plaintiffs in this matter. COUNT II 40. The averments contained in the Answering Defendants' Answers in paragraphs one (1) through thirty-nine (39) above are hereby incorporated by reference as if fully set forth below. 41. The averments contained in paragraph forty-one (41) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Answering Defendants did disclose in their Seller's Property Disclosure Statement that they had a running sump pump in the basement and were aware of "water leakage, accumulation, or dampness" in the basement, which statement was signed on June 29, 2005, and provided to their realtor. 42. The averments contained in paragraph forty-two (42) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Answering Defendants did disclose in their Seller's Property Disclosure Statement that they had a running sump pump in the basement and were aware of "water leakage, accumulation, or dampness" in the basement, which statement was signed on June 29, 2005, and provided to their realtor. 43. The averments contained in paragraph forty-three (43) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 7 44. The averments contained in paragraph forty-four (44) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Answering Defendants did disclose in their Seller's Property Disclosure Statement that they had a running sump pump in the basement and were aware of "water leakage, accumulation, or dampness" in the basement, which statement was signed on June 29, 2005, and provided to their realtor. 45. The averments contained in paragraph forty-five (45) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 46. The averments contained in paragraph forty-six (46) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 47. The averments contained in paragraph forty-seven (47) are conclusions of law to which no response is required. To the extent that a response is required, the averments are . specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Answering Defendants respectfully request that this Honorable Court enter a judgment in their favor and against Plaintiffs in this matter. COUNT III VIOLATION OF REAL ESTATE DISCLOSURE ACT 48 - 62. Count 3 and the averments contained in paragraphs forty-eight through sixty- two (48 - 62) pertain to allegations and assertions against Defendants other than the Answering Defendants, and therefore no response is required. To the extent that such allegations and 8 assertions involve Answering Defendants, they are specifically denied and strict proof thereof if demanded at trial. WHEREFORE, Defendants respectfully request that this Honorable Court enter a judgment in their favor and against Plaintiffs in this matter. 63 - 77. The New Matter of Defendant Hale Real Estate contained in paragraphs sixty- three through seventy-seven (63 - 77) pertain to allegations and assertions against parties other than the Answering Defendants, and therefore no response is required. To the extent that such allegations and assertions involve Answering Defendants, they hereby incorporate their Answers provided above and specifically deny any liability inferred against Answering Defendants. NEW MATTER 78. The averments of fact contained in Answering Defendants' Answers above are hereby incorporated by reference as if fully set forth below. 79. Mr. and Mrs. Worden did disclose in their Seller's Property Disclosure Statement that they had a running sump pump in the basement, which statement was signed by them on June 29, 2005. 80. Upon information and belief, the sump pump located in the basement was present and operational at all times relevant hereto, and specifically present and operational during those visits to the real estate by Plaintiffs. 9 81. Mr. and Mrs. Worden did disclose in their Seller's Property Disclosure Statement that they were aware of "water leakage, accumulation, or dampness" in the basement, which statement was signed by them on June 29, 2005. 82. Mr. and Mrs. Worden also did disclose in their Seller's Property Disclosure Statement that they specifically had water in their basement during Hurricane Ivan. 83. Mr. and Mrs. Worden never personally experienced water accumulation in their basement beyond the information they disclosed in their Seller's Property Disclosure Statement. 84. On page twelve (12) of the Agreement of Sale attached as Exhibit "A" to Plaintiff's Complaint, Plaintiffs signed and acknowledged that they received a copy of the Seller's Property Disclosure Statement before signing their contract. 85. On page twelve (12) of the Agreement of Sale attached as Exhibit "A" to Plaintiff's Complaint, Plaintiffs also signed and acknowledged that they read and understood the notices and explanatory information set forth in the Agreement. 86. On page fourteen (14) of the Agreement of Sale attached as Exhibit "A," the notices and explanatory information include an advisory entitled "Why a Buyer Needs a Home Inspection," which page is initialed by Plaintiffs. 87. On pages fifteen (15) and sixteen (16) of the Agreement of Sale attached as Exhibit "A," the notices and explanatory information include information regarding property inspections and home inspections, which pages are initialed by Plaintiffs. 88. Plaintiffs received and initialed and/or signed all pages of the Agreement of Sale attached as Exhibit "A" to their Complaint. 89. Plaintiffs elected on page three (3) of the Agreement of Sale not to have a property or home inspection performed prior to the date of settlement. 10 90. Mr. and Mrs. Worden never advised Plaintiffs that they should not have a property or home inspection performed on the real estate. 91. Plaintiffs never questioned Mr. and Mrs. Worden regarding the issue of water leakage or accumulation in the basement of the property. 92. Mr. and Mrs. Worden were not aware of any questions by Plaintiffs regarding the issue of water leakage or accumulation in the basement of the property prior to and including the date of settlement. 93. At all times relevant hereto, both Plaintiffs and Mr. and Mrs. Worden were represented by licensed real estate brokers or agents. 94. The Seller's Property Disclosure Statement was completed and signed by Mr. and Mrs. Worden on or about June 29, 2005, and provided to their licensed real estate agent on or about that date. 95. Mr. and Mrs. Worden believe and therefore aver that their licensed real estate agent provided copies of the completed and signed Seller's Property Disclosure Statement to all individuals who viewed the subject property, including Plaintiffs. 96. Mr. and Mrs. Worden are not licensed real estate agents or brokers, and are not otherwise experienced in the sale and purchase of real property. 97. Mr. and Mrs. Worden relied upon the expertise and advise of their licensed real estate agent in preparing their Seller's Property Disclosure Statement, and in ensuring that copies of said Statement were delivered in accordance with all applicable statutes and regulations. 98. Mr. and Mrs. Worden relied upon the expertise and advise of their licensed real estate agent in reviewing and signing the Agreement of Sale between the parties. 11 99. In the event that Plaintiffs did not receive a copy of the signed Seller's Property Disclosure Statement prior to transfer of the real estate, the Defendants other than Mr. and Mrs. Worden failed in their duty to ensure delivery of said statement to Plaintiffs and ensure Plaintiffs' signature on the document prior to settlement. 100. In the event that Plaintiffs did not receive a copy of the signed Seller's Property Disclosure Statement prior to transfer of the real estate, the Plaintiffs could not have relied upon said statements in signing the Agreement of Sale and accepting transfer of the real estate from Mr. and Mrs. Worden. 101. Plaintiffs' Complaint therefore fails to state claims or causes of action upon which relief can be granted. 102. All or a portion of Plaintiffs claims may be barred by the defense of the applicable statute of limitations. 103. All or a portion of Plaintiff's claims may therefore be barred by the defense of laches. 104. All or a portion of Plaintiff's claimed damages are attributable to persons and/or causes other than the Answering Defendants. WHEREFORE, Defendants respectfully request that this Honorable Court enter a judgment in their favor and against Plaintiffs in this matter. 12 NEW MATTER PURSUANT TO Pa.R.C.P. No. 2252(d) 105. The averments of fact contained in Answering Defendants Answers to the Plaintiffs' Complaint and New Matter above are hereby incorporated by reference and are made part of this New Matter Pursuant to Pa.R.C.P. No. 2252(d). 106. Defendants Mark E. Worden and Diana L. Worden assert this New Matter pursuant to Pa. R. C. P. No. 2252(d) and thereby join Defendants Re/Max Homefinders, Inc. and Hale Real Estate as Additional Defendants in this action for the reasons stated herein. 107. At all times relevant hereto, Mr. and Mrs. Worden were not aware of any questions by Plaintiffs regarding the issue of water leakage or accumulation in the basement of the property prior to and including the date of settlement. 108. At all times relevant hereto, both Plaintiffs and Mr. and Mrs. Worden were represented by licensed real estate brokers or agents employed by Additional Defendants. 109. Mr. and Mrs. Worden relied upon the expertise and advise of their licensed real estate agent in preparing their Seller's Property Disclosure Statement, and in ensuring that copies of said Statement were delivered in accordance with all applicable statutes and regulations. 110. Mr. and Mrs. Worden relied upon the expertise and advise of their licensed real estate agent in reviewing and signing the Agreement of Sale between the parties. 111. In the event that Plaintiffs did not receive a copy of the signed Seller's Property Disclosure Statement prior to transfer of the real estate, the Defendants other than Mr. and Mrs. Worden failed in their duty to ensure delivery of said statement to Plaintiffs and ensure Plaintiffs' signature on the document prior to settlement. 13 112. If Plaintiffs establish that they suffered injuries, damages, and monies due as alleged in their Complaint, which allegations Answering Defendants specifically deny, said injuries and damages were caused solely by the negligence, recklessness and carelessness of the agents of Additional Defendants as a result of their acts and omissions as described in the preceding paragraphs. 113. As a result of the aforesaid actions and omissions, Additional Defendants Re/Max Homefinders, Inc. and Hale Real Estate are solely liable to Plaintiffs for any alleged injuries and damages they may have suffered and for any monies due Plaintiffs. 114. If as a result of the matters alleged in Plaintiffs' Complaint, Mr. and Mrs. Worden are held liable to Plaintiffs for all or part of such injuries or damages as they may have sustained or for any monies due Plaintiffs, Additional Defendants are the parties primarily liable for such injuries, damages and monies due, and are liable over to Defendants Mark E. Worden and Diana L. Worden by way of contribution or indemnification, for all such damages as may be required to pay to Plaintiffs. 115. In the alternative, if as a result of the matters alleged in Plaintifs' Complaint, Defendants Mark E. Worden and Diana L. Worden are held liable to Plaintiffs for all or part of such injuries or damages as they may have sustained or for any monies due Plaintiffs, Additional Defendants are jointly and severally liable to Plaintiffs based upon the foregoing allegations for such injuries, damages and monies due, and are liable over to Defendants Mark E. Worden and Diana L. Worden by way of contribution for all such damages they may be required to pay to Plaintiffs. 14 WHEREFORE, Defendants Mark E. Worden and Diana L. Worden respectfully request that this Honorable Court: a. Enter a judgment in their favor and against Additional Defendants Re/Max Homefinders, Inc. and Hale Real Estate as solely liable in this matter, if there is any liability to Plaintiffs; b. Enter a judgment over and against Additional Defendants Re/Max Homefinders, Inc. and Hale Real Estate by way of indemnification or contribution for the amount recovered by Plaintiffs against Defendants Mark E. Worden and Diana L. Worden, together with costs, in the event that a verdict is recovered by Plaintiffs; and C. Enter a judgment in her favor and against Additional Defendants Re/Max Homefinders, Inc. and Hale Real Estate for damages as alleged above. Respectfully Submitted, IRWIN & McKNIGHT By: Douglas . Miller, Esquire Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Dated: October 11, 2006 Attorney for Mark E. and Diana L. Worden 15 VERIFICATION The foregoing petition on behalf of Mark Worden and Diana Worden, Defendants is based upon information which has been gathered by counsel for the Defendants in the preparation of this document. The statements made in this document are true and correct to the best of the counsel's knowledge, information and belief. The Defendants' verification cannot be obtained within the time allowed for filing the pleading. The undersigned is therefore verifying on behalf of the Defendants according to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Y Douglas Miller, Esquire Date: October 11, 2006 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: James M. Robinson, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (Attorney for Plaintiffs) James L. Goldsmith, Esquire Caldwell & Kerns 3631 North Front Street Harrisburg, PA 17110 (Attorney for Defendant Re/Max Homefinders, Inc.) Edwin A. D. Schwartz, Esquire McKissock & Hoffman, P.C. 2040 Linglestown Road, Suite 302 Harrisburg, PA 17110 (Attorney for Defendant Hale Real Estate) Date: October 11, 2006 IRWIN & McKNIGHT c Douglas Miller, Esquire Supreme ourt ID No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Mark E. and Diana L. Worden KEVIN J. KEEN and LINDSAY E KEEN, Plaintiffs V. MARK E. WORDEN and DIANA L. WORDEN, RE/MAX HOMEFINDERS, INC. and HALE REAL ESTATE Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4935 CIVIL TERM PLAINTIFFS' RESPONSE TO DEFENDANT HALE'S REQUEST FOR ADMISSIONS - SET 1 And now come Plaintiffs, Kevin J. Keen and Lindsay E. Keen, by and through their counsel, Turo Law Offices, and respectfully provides the following Response to the Request for Admissions of Defendant Hale Real Estates (hereinafter "Hale"). 1. Admitted in part and denied in part. Plaintiffs admit that they walked through the residence on two (2) occasions, November 29, 2005 and December 1, 2005, both times at or near dusk. They never inspected the entire property. 2. Admitted. The Plaintiffs were never given a copy of this Standard Agreement for the Sale of Real Estate and did not thoroughly review it prior to its execution. The meeting at which it was executed was rushed. Plaintiffs were only told by their agent, Michele Kane of RE/MAX Homefinders, Inc., that a termite inspection was required but they should waive the home inspection or their offer would not be considered. 3. Admitted. This Standard Agreement for the Sale of Real Estate was executed at the home of their agent, Michele Kane, between 9:00 p.m. and 9:30 p.m. on Friday, December 2, 2005. Once again, Plaintiffs were rushed and no provisions of the contract were explained. Plaintiffs had no opportunity to read the document, and they were not given a copy of the document after its execution. 4. Admitted in part and denied in part. This provision exists within the documents, but Plaintiffs were never given the opportunity to read the document prior to signing. Additionally, Plaintiffs were not given a copy of the Standard Agreement for the Sale of Real Estate until February 2, 2006, well after settlement. 5. Admitted. As previously stated, Plaintiffs were told by their agent that a termite inspection was required but that all other inspections should be waived because if they required other inspections, especially the home inspection, their offer would not be considered. 6. Admitted. Plaintiffs were told that a termite inspection was required. 7 Admitted in part and denied in part. Plaintiffs admit that the face of the document indicates that the radon inspection contingency, water service contingency, and individual on-lot sewage disposal inspection contingency are waived. Plaintiffs deny that this was done voluntarily. None of these inspections were explained or even mentioned to the Plaintiffs at the time they executed the agreement. Because they were not given the opportunity to read the agreement at the time of signing and a copy of the agreement was not given to them until February 2, 2006, Plaintiffs were completely unaware of these contingencies until well after settlement. 8. Denied. A copy of the Seller's Property Disclosure Statement was never provided to the Plaintiffs and was not made available to them on the two (2) occasions when they inspected the property. Despite claims by the Defendant, no copies of this statement were at the residence any time that the Plaintiffs were there and nobody even told the Plaintiffs of the document's existence. Plaintiffs did not know of the existence of the Sellers Property Disclosure Statement until after settlement, after water had appeared in the basement, when they began questioning people about the situation. A copy of the Seller's Property Disclosure Statement, unsigned by the Plaintiffs, was provided to the Plaintiffs well after the settlement which occurred on December 22, 2005. 9. Denied. Plaintiffs were not given a copy of the Seller's Property Disclosure Statement until February 2, 2006, well after settlement which was held on December 22, 2005. 10. Denied. Plaintiffs walked through the residence on two (2) occasions, November 29, 2005 and December 2, 2005. On the first occasion, Plaintiffs, their agent Michele Kane, and the Sellers' juvenile son were present. Present on the second occasion were the Plaintiffs, Michele Kane and Mim Heisey. It was on this second occasion that Ms. Heisey was asked about water in the basement when Kevin Keen noticed water spots, which appeared as chalky, white patches, on the basement walls. 11. Admitted. 12. Admitted in part and denied in part. Although Plaintiffs were not represented by Mim Heisey nor anyone affiliated with Hale Real Estate, Mim Heisey and Hale Real Estate still owed a duty to disclose defects pursuant to 68 Pa.C.S.A. § 7308. 13. Denied. The water spots were first noticed by Kevin Keen during the second visit to the residence on December 2, 2005. 14. Admitted. Plaintiffs received sellers assistance in the amount of $6,750.00, which was explained to Plaintiffs as being a common method used to "move" a house. This amount was never tied in any way to defects in the residence and would not have been accepted as such. Respectfully Submitted TURO LAW OFFICES - Iv/16 Date Ja s M. Robi son, Esquire 2 ouch Pitt reet Carlisle, PA 1 013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Plaintiffs Response to Defendant Hale's Request for Admissions - Set 1 are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. -IJ-off ' 10 Date Dat K vin J n say E. n CERTIFICATE OF SERVICE I, James M. Robinson, Esquire hereby certify that I served a true and correct copy of the Plaintiffs Response to Defendant Hale's Request for Admissions, by depositing same in the United States Mail, first class, postage pre-paid on the I UT:A day of October, 2006, from Carlisle, Pennsylvania, addressed as follows: Edward A. D. Schwartz, Esquire McKISSOCK & HOFFMAN, P.C. 2040 Linglestown Road, Suite 302 Harrisburg, PA 17110 Attorney for Defendant Hale Real Estate Douglas G. Miller, Esquire IRWIN & McKNIGHT 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendants Mark E. Worden and Diana L. Worden James L. Goldsmith, Esquire CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 Attorney for Defendant RE/MAX Homefinders, Inc. TURO LAW OFFICES J es M. Robi son, Esquire 2 outh Pitt reet Carlisle, PA 1 013 (717) 245-9688; FAX 717.245.2165 KEVIN J. KEEN and LINDSAY E KEEN, Plaintiffs V. MARK E. WORDEN and DIANA L. WORDEN, RE/MAX HOMEFINDERS, INC. and HALE REAL ESTATE : Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4935 CIVIL TERM PLAINTIFFS' ANSWER TO DEFENDANT HALE'S NEW MATTER And now come Plaintiffs, Kevin J. Keen and Lindsay E. Keen, by and through their counsel, Turo Law Offices, and respectfully provides the foregoing Answer to the New Matter of Defendant Hale Real Estates (hereinafter "Hale"). 63. No response required. 64. The averment in Paragraph 64 is a legal conclusion to which no response is required. By way of further answer, Plaintiffs allege that the actions or inactions of the Defendants were the sole and proximate cause of their injuries and damages. 65. Denied. 66. Denied. 67. Denied. 68. Denied. 69 Denied. 70. The averment in Paragraph 64 is a legal conclusion to which no response is required. By way of further answer, Plaintiffs allege that the actions or inactions of the Defendants were the sole and proximate cause of their injuries and damages. 71. The averment in Paragraph 64 is a legal conclusion to which no response is required. By way of further answer, Plaintiffs allege that the actions or inactions of the Defendants were the sole and proximate cause of their injuries and damages. 72. The averment in Paragraph 64 is a legal conclusion to which no response is required. By way of further answer, Plaintiffs allege that the actions or inactions of the Defendants were the sole and proximate cause of their injuries and damages. 73. The averment in Paragraph 64 is a legal conclusion to which no response is required. By way of further answer, Plaintiffs allege that the actions or inactions of the Defendants were the sole and proximate cause of their injuries and damages. 74. The averment in Paragraph 64 is a legal conclusion to which no response is required. By way of further answer, Plaintiffs allege that the actions or inactions of the Defendants were the sole and proximate cause of their injuries and damages. 75. The averment in Paragraph 64 is a legal conclusion to which no response is required. By way of further answer, Plaintiffs allege that the actions or inactions of the Defendants were the sole and proximate cause of their injuries and damages. 76. Denied. 77. The averment in Paragraph 64 is a legal conclusion to which no response is required. By way of further answer, Plaintiffs allege that the actions or inactions of the Defendants were the sole and proximate cause of their injuries and damages. WHEREFORE, Plaintiffs request this Honorable Court to hold Defendant Hale Real Estate responsible for actual damages relating to the cost of fixing the basement, cost of suit, and such other damages that the Court find appropriate. Respectfully Submitted TURO LAW OFFICES l0 1 b6 Date J s M. Robi on, Esquire 213 outh Pitt S eet C rlisle, PA 1-1013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Plaintiffs Answer to Defendant Hale's New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. /10 -YZ-106 Date /0 Date Kev" J. K n PX? Lindsay E. n CERTIFICATE OF SERVICE I, James M. Robinson, Esquire hereby certify that I served a true and correct copy of the Plaintiffs Answer to Defendant Hale's New Matter, by depositing same in the United States Mail, first class, postage pre-paid on the Its I'M day of October, 2006, from Carlisle, Pennsylvania, addressed as follows: Edward A. D. Schwartz, Esquire McKISSOCK & HOFFMAN, P.C. 2040 Linglestown Road, Suite 302 Harrisburg, PA 17110 Attorney for Defendant Hale Real Estate Douglas G. Miller, Esquire IRWIN & McKNIGHT 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendants Mark E. Worden and Diana L. Worden James L. Goldsmith, Esquire CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 Attorney for Defendant RE/MAX Homefinders, Inc. TURO LAW OFFICES J *nos M. Robin n, Esquire 2 outh Pitt St feet C rlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 -' = - "ti James L. Goldsmith, Esquire Attorney I.D. No. 27115 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorney for Preferred Realty Group, Inc. KEVIN J. KEEN, and LINDSAY E. KEEN, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4935 vs. MARK E. WORDEN and DIANA L. WORDEN, RE/MAX HOMEFINDERS CIVIL TERM and HALE REAL ESTATE Defendants NOTICE TO PLEAD TO: James M. Robinson, Esq. Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Edwin A.D. Schwartz, Esq. McKissock & Hoffinan, P.C. 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 Douglas G. Miller, Esq. Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 ORIGINAL YOU ARE HEREBY NOTIFIED that the Answer With New Matter set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Respectfully submitted, Dated: /6 ?? 4115- CALDWELL & Al By: Ztto es L. oldsmit I.D. #2 1 North Front tre Harrisburg, PA 17110 (717) 232-7661 James L. Goldsmith, Esquire Attorney I.D. No. 27115 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 KEVIN J. KEEN, and IN THE COURT OF COMMON PLEAS LINDSAY E. KEEN, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs j NO. 06-4935 ORIGINAL vs. MARK E. WORDEN and DIANA L. WORDEN, RE/MAX HOMEFINDERS CIVIL TERM and HALE REAL ESTATE : Defendants DEFENDANT RE/MAX HOMEFINDERS ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW comes Defendant RE/MAX Homefinders by and through its counsel Caldwell & Kearns and files this Answer With New Matter and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part. At all times relevant to the matters complained of, Michele Kane was an independent contractor affiliated with Defendant RE/MAX. 5. After reasonable investigation Answering Defendants are without knowledge or information sufficient to form a belief as to the truthfulness of the averments set forth in Paragraph 5 of Plaintiffs Complaint and the same are thereby denied. 6. After reasonable investigation Answering Defendants are without knowledge or information sufficient to form a belief as to the truthfulness of the averments set forth in Paragraph 6 of Plaintiffs Complaint and the same are thereby denied. FACTUAL BACKGROUND 7. No answer required. 8. Admitted in part. It is admitted that the Plaintiffs viewed the property in November 2005. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truthfulness that the Plaintiff "viewed" the property for the first time in November 2005. 9. Admitted in part. See the previous answer. It is admitted that Plaintiffs viewed the Property for the second time with Michele Kane on December 2, 2005. Whether this was at the second "viewing" by the Plaintiffs is unknown. See the previous answer. 10. Admitted in part. It is admitted that the Keens, Kane, and Heisey were present at the property on December 2, 2005. 11. Admitted in part. There was a discussion at the referenced meeting pertaining to moisture on walls in the basement. 12. Admitted. 13. Denied. The Keens, having enlisted the support of Kane as a real estate licensee to assist them in locating suitable property for their purchase, were aware that Kane was not representing the Sellers, was not familiar with the subject property, and that Kane had no more information pertaining to the property than they. Plaintiffs directed their questions reqarding water to Heisey and not to Kane. Kane, in fact, had no information not also provided to Plaintiffs and Kane therefore made no representations as to the property, water infiltration, or any other fact pertaining to its history. 14. Denied. Exhibit "A" of Plaintiff's Complaint is not a true and correct copy of the executed Agreement. Attached hereto and made a part hereof in Exhibit "A" is a true and correct copy of the Agreement of Sale dated December 2, 2005 (accepted by the Wordens on December 5, 2005) together with all addenda to the Agreement. 15. Denied. To the contrary, Plaintiffs were informed, orally and in writing, of the benefits of obtaining a home inspection by Kane. Further, the Agreement of Sale executed by Plaintiffs and Defendants Worden explains the benefits of a home inspection and indicates that Buyers were aware of the right to have a home inspection and that they had elected not to do so. 16. Denied. As stated in the previous answer, Kane advised of the benefits of a home inspection. Plaintiffs elected on their own not to require a home inspection as part of their purchase of the subject property. 17. Admitted. 18. Denied. Plaintiffs received a Seller's Property Disclosure Statement. 19. Admitted in part. The said document speaks for itself and any characterization by Plaintiffs is denied. 20. Denied. The document referenced in Paragraph 20 of Plaintiff's Complaint speaks for itself and any characterization by Defendant is denied. 21. Denied. A "walk-through" was not only "offered" but was a term of agreement by and between Plaintiffs and Defendants Worden. 22. Admitted. 23. Admitted. 24. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truthfulness that the Plaintiffs did not charge Defendants Worden rent. By way of further answer, the Agreement by and between the Plaintiffs and Defendants Worden, attached hereto in Exhibit "A", provides in the Post-Settlement Possession Addendum that Defendant Wordens would pay Plaintiffs Five Hundred Dollars ($500.00) for possession of the property following settlement. 25. Admitted. Plaintiffs had the right to undertake a walk-through. 26. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truthfulness of the averments set forth in Paragraph 26 of Plaintiff's Complaint and the same are thereby denied. 27. After reasonable investigation Answering Defendants are without knowledge or information sufficient to form a belief as to the truthfulness of the averments set forth in Paragraph 27 of Plaintiff's Complaint and the same are thereby denied. 28. Denied. Plaintiffs received the Seller's Property Disclosure Statement. It is acknowledged that subsequent to settlement Plaintiffs did contact Defendant Kane to discuss water infiltration. 29. Admitted in part. It is admitted that there was a visit to the property and that Defendants observed evidence of water infiltration. IL 30. After reasonable investigation Answering Defendants are without knowledge or information sufficient to form a belief as to the truthfulness of the averments set forth in Paragraph 30 of Plaintiff's Complaint and the same are thereby denied. COUNT I - NEGLIGENT MISREPRESENTATION 31-39. The averments of Paragraph 31-39 inclusive are directed to Defendants other than Answering Defendant. COUNT II - FRAUD 40-47. The averments of Paragraph 40-47 inclusive are directed to Defendants other than Answering Defendant. COUNT III -VIOLATION OF THE REAL ESTATE DISCLOSURE ACT 48-56. The averments of Paragraph 48-56 inclusive of Plaintiff's Complaint are directed to a Defendant other than Answering Defendant. 57. Denied. The averments of Paragraph 57 are conclusions of law to which an answer is not required. 58. Denied. It is denied that said Defendant told Plaintiffs not to get a home inspection. The averments of Paragraph 58 with respect to the breach of the duty are conclusions of law and no answer is required. 59. Denied. The averments of Paragraph 59 are conclusions of law to which no answer need be made. It is further denied that Plaintiffs did not receive a copy of the Seller's Property Disclosure Statement. Finally, the statutory provision cited by Plaintiffs . . a in Paragraph 59 of their Complaint imposes no duty on Defendant to deliver the Seller's Property Disclosure Statement to Plaintiffs. 60. Denied. The averments of Paragraph 60 are conclusions of law to which no answer need be made. By way of further answer, by virtue of the Addenda, Plaintiffs right to conduct a walk-through of the property was deferred until at or about the time they were to take possession. 61. Denied. Defendant RE/MAX, as selling agent working with Plaintiffs, saw the property with Plaintiffs, and had the same documentation as did Plaintiffs. Answering Defendant had no greater knowledge than did Plaintiffs. Answering Defendant had no knowledge that there was a defect or that was a misrepresentation made with respect to property. 62. Denied. Answering Defendant did not represent the condition of the property and therefore Plaintiffs did not rely on Defendant in determining to purchase the property. Further, in the Agreement of Sale executed by Plaintiffs state, in writing, that they did not rely on representation of others, including Answering Defendant with respect to their purchase of the subject property. WHEREFORE, Answering Defendant RE/MAX Homefinders respectfully request that judgment be entered in its favor as against all others. NEW MATTER 63. Plaintiffs were contributorily negligent. 64. Plaintiffs did not rely on any representations of Answering Defendant or its agents in determining to purchase the property and indicated as such in their Agreement of Sale at Paragraph 26 as follows: "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 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." Further, in the same paragraph, Buyers were put on notice of their right to conduct an inspection of the property as was also expressed in Paragraph 8 where Plaintiffs acknowledged their understanding of the option to request an inspection and where they waived their right to do so. 65. Prior to working with Answering Defendant and Michele Kane, Plaintiffs had enlisted the assistance, and worked with, another real estate broker/salesperson who had advised Plaintiffs of the benefits of obtaining a home inspection. 66. Prior to the submission of Plaintiff's offer to purchase the subject property on December 2, 2005, Plaintiffs were considering submitting an offer to purchase residential real property located on Chestnut Drive, Shippensburg, Pennsylvania. 67. Upon the advice of Michele Kane, Plaintiffs hired, and paid, a home inspector to provide a home inspection of the Chestnut Drive property in their presence. 68. Subsequent to the afore-referenced inspection, Plaintiffs elected to make a written offer to Defendants Worden for the purchase of the subject property. 69. On December 2, 2005 at the time they signed the Agreement, attached hereto as Exhibit "A", Plaintiffs were familiar with the benefits of having a home inspection and elected to forego the same. 70. Plaintiffs were insistent on submitting an offer to purchase the subject property despite Michele Kane's admonition and advice against it. 71. The Agreement of Sale includes, on page 14, reviewed and initialed by Plaintiffs, a notice entitled "For Your Protection: Get a Home Inspection" and "Why a Buyer Needs a Home Inspection". 72. Plaintiffs, on page 3 of the Agreement, placed their mark and initials to indicate "Buyer understands that Buyer has the option to request an inspection of the Property (see Property Inspection Notices and Environmental Notices). BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in Paragraph 25 of this Agreement." 73. The Agreement by and between Plaintiffs and Defendants Worden provided at Paragraph 26 on page 11 (also initialed by Plaintiffs) as follows: 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 unless otherwise stated in this Agreement. Buyer acknowledges that Brokers, their licensees, employees, officers or partners have not made an independent examination or determination of the structural soundness of the Property, the age or condition of the components, environmental conditions, the permitted uses, or of conditions existing in the locale where the Property is situated; nor have they made a mechanical inspection of any of the systems contained therein (underlining added; bold in the original). 74. The Agreement by and between Plaintiffs and Defendants Worden, reserving in Plaintiffs "the right to make a pre-settlement walk-through inspection of the Property" was modified by the Post-Settlement Possession Addendum providing for Buyer's inspection of the Property within two days of Seller vacating same (see Paragraph 4 of Post-Settlement Possession Addendum). 75. Plaintiffs, by contract with Defendants Worden, had the right to inspect the property as referenced in the proceeding paragraph, for the purpose of determining that the property was in the "present condition" as existed when the Agreement of Sale was executed as provided for in Paragraph 26. 76. Between December 29, 2005 and the end of January 2006, a time in which Plaintiffs had possession of the property, they complained only of a broken window that was repaired. 77. Possession of the subject property was tendered to Plaintiffs in the condition that existed upon the execution of the Agreement of Sale. 78. Answering Defendant and its affiliated agents were aware of no fact or condition with respect to the property not known by Plaintiffs. 79. Plaintiffs claims are barred by the statute of limitations. 80. Plaintiffs damages, if any, were caused by acts and/or omissions by person or persons other than Answering Defendant. 81. Plaintiff's Complaint fails to set forth a claim for which relief may be granted. WHEREFORE, Answering Defendant RE/MAX Homefinders respectfully request that judgment be entered in its favor as against all others. Respectfully submitted: wc"Zjes L. oldsmith, Esquire CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 Date: Ivw 717-232-7661 • Oct 10 06 •03:01•p THOMAS S. MITROS 717 532 4380 CCT-10-2006 TUE 02:49 PM FAX NO. VERIFICATION f, Thomas S. Mitros, Broker/Owner of RE/MAX Homefinders verify that the averments in this document are true and correct. i understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. p.'1 P, 02 Thor rt Mit , Broker/Owner of RE/MAX Homefinders Date: CERTIFICATE OF SERVICE day of (?. , 2006, I hereby certify that I AND NOW, this 11 11 have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: James M. Robinson, Esquire TURD LAW OFFICES 28 South Pitt Street Carlisle, PA 17103 Attorneys for Plaintiffs Kevin J. Keen and Lindsay E. Keen Douglas G. Miller, Esq. IRWIN & MCKNIGHT 60 West Pomfret Street Carlisle, PA 17013 Attorneys for Defendants Mark E. Worden and Diana L. Worden Edwin A.D. Schwartz, Esquire MCKISSOCK & HOFFMAN, P.C. 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 Attorneys for Defendants Hale Real Estate CALDWELL & KEARNS By L-t?' ,6 kl,?b;f4 s STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE This form recommended and approved for, but not restricted to use by, members of the Pennsylvania Association of REAI.TORS® (PAR). A/S - 2K SELLER'S BUS S RELATIONSHIP WITH PA LICENSED BROKER BROKER (Company ALE EAL t?- STAT t PHONE ADDRESS q to • KLILJC? ?2E C T S 1?/ ? .?'PL-'. S BVrc t_- PA FAX , 3 BROKER IS THE AGENT FOR SELLER Designated Agent(s) for Seller, if applicable: OR Broker is NOT the Agent for Seller and is a/an: ? AGENT FOR BUYER ? TRANSACTION LICENSEE BUYER'S BUSINESS RELATIONSHIP WITH PA LICENSED BROKER BROKER (Company) RE fYl }??C _Q J'1 E ,-r"1,,V b 12S PHONE 13 ADDRESS l??,<U 6 S"l`?2t i 1,? ?f-e-1ht) , PIA FAX S Q V ? RO BROKER IS THE AGENT FOR BUYER. Designated Agent(s) for Buyer, if applicable: OR Broker is NOT the Agent for Buyer and is a/an• ? AGENT FOR SELLER ? SUBAGENT FOR SELLER ? 'T'RANSACTION 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 1 L This Agreement, dated i ' !C? 2 SELLER(S): //)C !'k -f Q" 0- tt n a ereb / 4 called "Seller," and e 5 BUYER(S): 7 8 2. 9 10 11 12 13 14 15 3. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 , is between called "Buyer." PROPERTY (1-98) Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: ALL THAT CERTAIN lot or piece ground with buildings and improvements thereon erected, if any, known as: / / U A/G-- piece in the 1-;,9 (,UA) 5 h/ ! !' of ? t? I,$-- 1-pi i?tr/t /- ? (,,./ , County of , lff71,(?L7-)eLA1&'61 in the Commonwealth of Pennsylvania, Zip Code Identification (e.g., Tax ID #; Parcel #; Lot, Block; Deed Book, Page, Recording Date) 39 -- C; /D (ol/f--j ?Lo n TERMS (1-02) A U1'?1 / 16th ?? - 4?'/ 17 ?/E i ti C T /7j0U I Al b Purchase Price -- U.S. Dollars which will be paid to Seller by Buyer as follows: 1. Cash or check at signing this Agreement: 2. Cash or check within days of the execution of this Agreement: 3 le&) 00 4. Cash, cashier's or certified check at time of settlement: $ a (}?; U ' cc TOTAL S ZaS -000 , ?' (B) Deposits paid on account of purchase price to be held by Broker for Seller, unless otherwise stated here. (C) Seller's written approval to be on or before: 49&eE W76 6--k ? 4 c>206- (D Settlement to be on or before if Buyer and Seller agree. (E) 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: 31 32 (G) At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing where 33 applicable: taxes (see Information Regarding Tax Proration); rents; interest on mortgage assumptions; condominium fees 34 and homeowner association fees, if any; water and/or sewer fees, if any, together with any other lienable municipal service. tEPARED BY: THOMAS S. MITROS, BROKERIOWNER i-2K - Standard Agreement For The Sale Of Real Estate, 01102. Pennsylvania Association of REALTORS® 1PYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS@ 2002 alFA$TO So re, ©2005, Version 6.16. Software Registered to: THOMAS S MITROS, REIMAX HOMEFINDERS Pagel of 21 yer(s) In als Sellers Initials 's ( 35 The charges are to be pro-rated for the period(s) covered: Seller will pay up to and including the date of settlement; Buyer 36 will pay for all days following settlement, unless otherwise stated here: 3-; 38 4. FIXTURES & PERSONAL PROPERTY (1-00) 39 (A) INCLUDED in this sale and purchase price are all existing items permanently installed in the Property, free of liens, 40 including plumbing; heating; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa 41 equipment; garage door openers and transmitters; television antennas; shnibbery, plantings and unpotted trees; any remaining 42 heating and cooking fuels stored on the Property at the time of settlement; wall to wall carpeting; window covering hardware, 43 shades and blinds; built-in air conditioners; built-in appliances; and the range/oven unless otherwise stated. Als ed. 44 1°(E?{216E?i9Tl?K? S% Dt/T/Ql/L1lJE ?,????y ---- 45 (B) LEASED items (not owned by Seller): 46 47 (C) EXCLUDED fixtures and items: 48 49 5. DATES/TIME IS OF THE ESSENCE (1-02) 50 (A) The said date for settlement and all other dates and times referred to for the performance of any of the obligations of this 51 Agreement are agreed to be of the essence of this Agreement and are binding. 52 (B) For the purposes of this Agreement, number of days will be counted from the date of execution, by excluding the day this 53 Agreement was executed and including the last day of the time period. 54 (C) The date of settlement is not extended by any other provision of this Agreement and may only be extended by mutual 55 written agreement of the parties. 56 (D) Certain time periods are pre-printed in this Agreement as a convenience to the Buyer and Seller. Any pre-printed time 57 periods are negotiable and may be changed by striking out the pre-printed text and inserting a different time period 58 acceptable to all parties. 59 6. MORTGAGE CONTINGENCY (1-02) 60 ? WAIVED. This sale is NOT contingent on mortgage financing. 61 ELECTED 62 (A) This sale is contingent upon Buyer obtaining mortgage financing as follows: 63 1. Amount of mortgage loan $ ODU • °° 64 2. Minimum Term 3(J years 65 3. Type of mortgage /' (1 L) `J % /? /jiL 66 4. Interest rate ?i %; however, Buyer agrees to accept the interest rate as may be committed by 67 the mortgage lender, not to exceed a maximum interest rate of :5-L %. 68 5. Discount points, loan origination, loan placement and other fees charged by the lender as a percentage of the mortgage 69 loan (excluding any mortgage insurance premiums or VA funding fee) not to exceed % (0% if not 70 specified) of the mortgage loan. 71 The interest rate and fees provisions required by Buyer are satisfied if a mortgage lender makes available to Buyer the right 72 to guarantee an interest rate at or below the Maximum Interest Rate specified herein with the percentage fees at or below 73 the amount specified herein. Buyer gives Seller the right, at Seller's sole option and as permitted by the mortgage lender 74 and applicable laws, to contribute financially, without promise of reimbursement, to the Buyer and/or mortgage lender to 75 make the above terms available to Buyer. 76 (B) Within -3 DAYS (10 days if not specified) of the execution of this Agreement, Buyer will make a completed, 77 written mortgage application for the mortgage terms specified above to a responsible mortgage lender. The Broker for 78 Buyer, if any, otherwise the Broker for Seller, is authorized to communicate with the mortgage lender for the 79 purposes of assisting in the mortgage loan process. _ 80 (C) 1. Mortgage commitment date 4D F_ F d- : 4ai .???5 . If a written commitment is not received by Seller by 81 the above date, Buyer and Seller agree to extend the mortgage commitment date until Seller terminates this 82 Agreement in writing by notice to Buyer. 83 2. Upon receipt of a mortgage commitment, Buyer will promptly deliver a copy of the commitment to Seller. 84 3. Seller has the option to terminate this Agreement in writing, after the mortgage commitment date if the mortgage 85 commitment: 86 a. Is not valid until the date of settlement, OR 87 b. Is conditioned upon the sale and settlement of any other property, OR 88 c. Contains any other condition not specified in this Agreement that is not satisfied and/or removed in writing by 89 the mortgage lender within 7 DAYS after the mortgage commitment date in paragraph 6 (C) (1). 90 4. If this Agreement is terminated as specified in paragraphs 6 (C) (1) or (3), or the mortgage loan is not obtained for 91 settlement, all deposit monies paid on account of purchase price will be returned to Buyer. Buyer will be responsible 92 for any premiums for mechanics' lien insurance and/or title search, or fee for cancellation of same, if any, AND/OR ;SPARED BY: THOMAS S. MITROS, BROKER/OWNER ;-2K - Standard Agreement For The Sale Of Real Estate, 01102. Pennsylvania Association of REALTORS® )PYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS® 2002 aIFA$T® Software, @2005, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS Tl (1 yer(s) InitiaIsji., Page 2 of 21 Sellleelr(s),IInitials 93 any premiums for flood insurance, mine subsidence insurance and/or fire insurance with extended coverage, or 94 cancellation fee, if any, AND/OR any appraisal fees and charges paid in advance to the mortgage lender. ,9f If the mortgage lender requires repairs to the Property, Buyer will, upon receipt, deliver a copy of the mortgage lender's 96 requirements to Seller. Seller will, within 5 DAYS of receipt of the mortgage lender's requirements, notify 97 Buyer whether Seller will make the required repairs at Seller's expense. 98 1. If Seller chooses to make the required repairs, Buyer will accept the Property and agree to the RELEASE set forth in 99 paragraph 25 of this Agreement. 100 2. If Seller chooses not to make the required repairs, or if Seller fails to respond within the time given, Buyer will, 101 within 5 DAYS, notify Seller in writing of Buyer's choice to terminate this Agreement OR make the 102 required repairs at Buyer's expense and with Seller's permission, which will not be unreasonably withheld. If Seller 103 denies Buyer permission to make the required repairs, Buyer may, within 5 DAYS of Seller's denial, 104 terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned 105 promptly to Buyer and this Agreement will be VOID. 106 (E) Seller Assist 107 ? NOT APPLICABLE 108 APPLICABLE- Seller will pay: 109 W$ -9 r?z SC . °D , maximum, toward Buyer's costs as permitted by the mortgage lender. 110 ? i l l FHA/VA, IF APPLICABLE 112 (F) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the 113 purchase of the Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless 114 Buyer has been given, in accordance with HUD/FHA or VA requirements, a written statement by the Federal Housing 115 Commissioner, Veterans Administration, or a Direct Endorsement Lender setting forth the appraised value of the 116 Property of not less than $ (the dollar amount to be inserted is the sales price as stated in this 117 Agreement). Buyer will have the privilege and option of proceeding with consummation of the contract without regard to 118 the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the 119 Department of Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the 120 Property. Buyer should satisfy himseWherself that the price and condition of the Property are acceptable. 121 Warning: Section 1010 of Title 18, U.S.C., Department of Housing and Urban Development and Federal Housing 122 Administration Transactions, provides, Whoever for the purpose of .. . influencing in any way the action of such 123 Department, makes, passes, utters, or publishes any statement, knowing the same to be false ... shall be fined under this 124 title or imprisoned not more than two years, or both" 125 (G) U.S. Department of Housing and Urban Development (HUD) NOTICE TO PURCHASERS: Buyer's 126 Acknowledgement 127 ? Buyer has received the HUD Notice "Tor Your Protection: Get a Home Inspection" (see Notices and Information on 128 Property Condition Inspections)- Buyer understands the importance of getting an independent home inspection and has 129 thought about this before signing this Agreement. Buyer understands that FHA will not perform a home inspection nor 130 guarantee the price or condition of the Property. 131 Buyer's Initials Date 132 (I) Certification We the undersigned, Seller(s) and Buyer(s) party to this transaction each certify that the terms of this contract 133 for purchase are true to the best of our knowledge and belief, and that any other agreement entered into by any of these 134 parties in connection with this transaction is attached to this Agreement. 1357. INSPECTIONS (1-02) 136 (A) Seller agrees to permit inspections by authorized appraisers, reputable certifiers, insurer's representatives, surveyors, 137 municipal officials and/or Buyer as may be required by the mortgage lender, if any, or insuring agencies. Seller further 138 agrees to permit any other inspections required by or provided for in the terms of this Agreement. Buyer has the right to 139 attend all inspections. 140 (B) Buyer reserves the right to make a pre-settlement walk-through inspection of the Property. Buyer's right to make this 141 inspection is not waived by any other provision of this Agreement. 142 (C) Seller will have heating and all utilities (including fuel(s)) on for the inspections. 143 (D) All inspectors, including home inspectors, are authorized by Buyer to provide a copy of any reports to Broker for Buyer. 1448. PROPERTY INSPECTION CONTINGENCY (7-04) 145 Other provisions of this Agreement may provide for inspections and/or certifications that are not waived or altered by Buyer's 146 ?1i on here. 147 IWAIVED. Buyer understands that Buyer has the option to request inspections of the Property (see Property Inspection 148 'Notices and Environmental Notices). BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 149 25 of this Agreement. 150 ? ELECTED 151 (A) Within DAYS (15 days if not specified) of the execution of this Agreement, Buyer, at Buyer's expense, may choose tEPARED BY: THOMAS S. MITROS, BROKER/OWNER 3--2K - Standard Agreement For The Sale Of Real Estate, 01/02. Pennsylvania Association of REALTORS@ )PYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS AD 2002 aiFA$TO S 005, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS i yer(s) Initials Page 3 of 21 Seller(s) Initials .W V 152 • to have inspections and/or certifications completed by licensed or otherwise qualified professionals (see Property Inspection 153 Notices and Environmental Notices). This contingency does not apply to the following existing conditions and/or items: 154 155 (B) Should Buyer elect to have a home inspection of the Property, as defined in the Pennsylvania Home Inspection Law, (see 156 Information Regarding the Home Inspection Law) such home inspection shall be performed by a full member in good 157 standing of a national home inspection association, or by a person supervised by a full member of a national home 158 inspection association, in accordance with the ethical standards and code of conduct or practice of that association, a licensed 159 or registered professional engineer, or a licensed or registered architect. 160 (C) If Buyer is not satisfied with the condition of the Property as stated in any written report, Buyer will: 161 ? Option 1. Within the time given for completing inspections: 162 1. Accept the Property with the information stated in the report(s) and agree to the RELEASE set forth in paragraph 25 of 163 this Agreement, OR 164 2. Terminate this Agreement in writing by notice to Seller, in which case all deposit monies paid on account of purchase 165 price will be returned promptly to Buyer and this Agreement will be VOID, OR 166 3. Enter into a mutually acceptable written agreement with Seller providing for any repairs or improvements to the 167 Property and/or any credit to Buyer at settlement, as may be acceptable to the mortage lender, if any. 168 Should efforts to reach a mutually acceptable agreement fail, Buyer must choose to accept the Property or terminate this 169 Agreement within the time given for completing inspections and according to the provisions in paragraph 170 8(C) (Option 1) 1 and 2- 171 ? Option 2. Within the time given for completing inspections: 172 1. Accept the Propertywith the information stated in the report(s) and agree to the RELEASE set forth in paragraph 25 of 173 this Agreement, UNLESS the total cost to correct the conditions contained in the report(s) is more than 174 $ 175 2. If the total cost to correct the conditions contained in the report(s) EXCEEDS the amount specified in paragraph 8(C) 176 (Option 2) 1, Buyer will deliver the report(s) to Seller within the time given for inspection. 177 a. Seller will, within 7 DAYS of receiving the report(s), inform Buyer in writing of Seller's choice to: 178 (1) Make repairs before settlement so that the remaining cost to repair conditions contained in the report(s) 179 is less than or equal to the amount specified in paragraph 8 (C) (Option 2) 1. 180 (2) Credit Buyer at settlement for the difference between the estimated cost of repairing the conditions 181 contained in the report(s) and the amount specified in paragraph 8 (C) (Option 2) 1. This option must be 182 acceptable to the mortgage lender, if any. 183 (3) Not make repairs and not credit Buyer at settlement for any costs to repair conditions contained in the 184 report(s)- 185 b. If Seller chooses to make repairs or credit Buyer at settlement as specified in paragraph 8 (C) (Option 2) 2, 186 Buyer will accept the Property and agree to the RELEASE set forth in paragraph 25 of this Agreement. 187 c. If Seller chooses not to make repairs and not to credit Buyer at settlement, or if Seller fails to choose any 188 option within the time given, Buyer will, within 5 DAYS: 189 (1) Accept the Property with the information stated in the report(s) and agree to the RELEASE set forth in 190 paragraph 25 of this Agreement, OR 191 (2) Terminate this Agreement in writing by notice to Seller, in which case all deposit monies paid on 192 account of purchase price will be returned promptly to Buyer and this Agreement will be VOID. 193 9. WOOD INFESTATION INSPECTION CONTINGENCY (1-02) 194 ? WAIVED. Buyer understands that Buyer has the option to request that the Property be inspected for wood infestation by a 195 certified Pest Control Operator. BUYER WANES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of 196 this Agreement. 197 (A ELECTED 198 (A Within L DAYS (15 days if not specified) of the execution of this Agreement, Buyer, at Buyer's expense, will 199 obtain a written "Wood-Destroying Insect Infestation Inspection Report" from a certified Pest Control Operator and will 200 deliver it and all supporting documents and drawings provided by the Pest Control Operator to Seller. The report is to be 201 made satisfactory to and in compliance with applicable laws, mortage lenders, and/or Federal Insuring and Guaranteeing 202 Agency requirements, if any. The inspection will include all readily visible and accessible areas of all structures on the 203 Property except the following structures, which will not be inspected: 204 205 (B) If the inspection reveals evidence of active infestation (s), Seller agrees, at Seller's expense and before settlement, to treat for 206 active infestation(s), in accordance with applicable laws. 207 (C) If the inspection reveals damage from active infestation(s) or previous infestation(s), Buyer, at Buyer's expense, has the option 208 to obtain a written report by a professional contractor, home inspection service, or structural engineer that is limited to 209 structural damage to the Property caused by wood-destroying organisms and a proposal to repair the damage. Buyer will 210 deliver the structural damage report and corrective proposal to Seller within 7 DAYS of delivering the original tEPARED BY: THOMAS S. MITROS, BROKERIOWNER 3-2K - Standard Agreement For The Sale Of Real Estate, 01/02. Pennsylvania Association of REALTORS® )PYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 zlFA$T® Softwa e, ©2005, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINRERS Page 4 of 21 yer(s) Initials 1 Seller(s) itiafs 211 inspection report. 212 (D) Within 5 DAYS of receiving the structural damage report and corrective proposal, Seller will advise Buyer whether 213 Seller will repair, at Seller's expense and before settlement, any structural damage from active or previous infestation(s). 214 (E) If Seller chooses to repair structural damage revealed by the report, Buyer agrees to accept the Property as repaired and agrees 215 to the RELEASE set forth in paragraph 25 of this Agreement. 216 (F) If Seller chooses not to repair structural damage revealed by the report or fails to respond within the time given, Buyer, 217 within 5 DAYS, will notify Seller in writing of Buyer's choice to: 218 1. Accept the Property with the defects revealed by the inspection, without abatement of price, and agree to the RELEASE 219 set forth in paragraph 25 of this Agreement, OR 220 2. Make the repairs before settlement, if required by the mortgage lender, if any, at Buyer's expense and with Seller's 221 permission, which will not be unreasonably withheld, in which case Buyer accepts the Property and agrees to the 222 RELEASE set forth in paragraph 25 of this Agreement. If Seller denies Buyer permission to make the repairs, Buyer 223 may, within 5 DAYS of Seller's denial, terminate this Agreement in writing, in which case all deposit 224 monies paid on account of purchase price will be returned promptly to Buyer and this Agreement will be VOID, OR 225 3. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned 226 promptly to Buyer and this Agreement will be VOID. 227 10. RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT NOTICE REQUIRED FOR PROPERTIES 228 T BEFORE 1978(1-02) 229 APPLICABLE 230 rNOT PPLICABLE 231 (A) Seller represents that Seller has no knowledge concerning the presence of lead-based paint and/or lead based paint 232 hazards in or about the Property, unless checked below. 233 ? Seller has knowledge of the presence of lead-based paint and/or lead-based paint hazards in or about the Property. 234 (Provide the basis for determining that lead-based paint and/or hazards exist, the location(s), the condition of the 235 painted surfaces, and other available information concerning Seller's knowledge of the presence of lead-based paint 236 and/or lead-based paint hazards.) 237 238 (B) Records/Reports: Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in or 239 about the Property, unless checked below. 240 ? Seller has provided Buyer with all available records and reports pertaining to lead-based paint and/or lead-based paint 241 hazards in or about the Property. (List documents) 242 243 (C) Buyer's Acknowledgment: Buyer has received the pamphlet Protect Your Family from Lead in Your Home and has read 244 the Lead Warning Statement contained in this Agreement (See Environmental Notices). Buyer has reviewed Seller's 245 disclosure of known lead based paint and/or lead-based paint hazards, as identified in paragraph 10(A) and has received the 246 records and reports pertaining to lead-based paint and/or lead-based paint hazards identified in paragraph 10(B). 247 Buyer's Initials Date 248 (D) RISK ASSESSMENT/INSPECTION: Buyer acknowledges that before Buyer is obligated to buy a residential dwelling 249 built before 1978, Buyer has 10 DAYS to conduct a risk assessment or inspection of the Property for the 250 presence of lead-based paint and/or lead-based paint hazards. 251 ? WAIVED. Buyer understands that Buyer has the right to conduct a risk assessment or inspection of the Property to 252 determine the presence of lead-based paint and/or lead-based paint hazards. BUYER WAIVES THIS RIGHT and agrees to 253 the RELEASE set forth in paragraph 25 of this Agreement. 254 ? ELECTED 255 1. Buyer, at Buyer's expense, chooses to obtain a risk assessment and/or inspection of the Property for lead-based paint 256 and/or lead-based paint hazards. The risk assessment and/or inspection will be completed within 10 DAYS 257 of the execution of this Agreement. 258 1 Within the time set forth above for obtaining the risk assessment and/or inspection of the Property for 259 lead-based paint and/or lead-based paint hazards, Buyer may deliver to Seller a written list of the specific 260 hazardous conditions cited in the report and those corrections requested by Buyer, along with a copy of the risk 261 assessment and/or inspection report. 262 3. Seller may, within 7 DAYS of receiving the list and report(s), submit a written corrective proposal to Buyer. 263 The corrective proposal will include, but not be limited to, the name of the remediation company and a projected 264 completion date for corrective measures. Seller will provide certification from a risk assessor or inspector that 265 corrective measures have been satisfactorily completed on or before the projected completion date. 266 4. Upon receiving the corrective proposal, Buyer, within 5 DAYS, will: 267 a. Accept the corrective proposal and the Property in writing, and agree to the RELEASE set forth in paragraph 268 25 of this Agreement, OR 269 b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will 270 be returned promptly to Buyer and this Agreement will be VOID. ZEPARED BY: THOMAS S. MITROS, BROKER/OWNER 5-2K - Standard Agreement For The Sale Of Real Estate, 01/02. Pennsylvania Association of REALTORS® )PYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS@ 2002 ta1FA$T??00//5, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS Page 5 of 21 yer(s) 1 als J` Iler(`sklnitials V 271 272 27 3 274 275 276 277 278 279 280 281 11. 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 5. Should Seller fail to submit a written corrective proposal within the time set forth in paragraph 10(D)3 of this Agreement, Buyer, within 5 DAYS, will: 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. 6. Buyer's failure to exercise any of Buyer's options within the time limits specified in this paragraph will constitute a WAIVER of this contingency and Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement. (E) Certification: By signing this Agreement, Buyer and Seller certify the accuracy of their respective statements, to the best of their knowledge. STATUS OF RADON (1-02) (A) Seller represents that Seller has no knowledge concerning the presence or absence of radon unless checked below. ? 1. Seller has knowledge that the Property was tested on the dates, by the methods (e.g., charcoal canister, alpha track, etc.), and with the results of all tests indicated below. DATE TYPE OF TEST RESULTS (picocuries/liter or working levels) COPIES OF ALL AVAILABLE TEST REPORTS will be delivered to Buyer with this Agreement. SELLER DOES NOT WARRANT EITHER THE METHODS OR RESULTS OF THE TESTS. ? 2. Seller has knowledge that the Property underwent radon reduction measures on the date(s) and by the method(s) indicated below. DATE RADON REDUCTION METHOD RADON INSPECTION CONTINGENCY WAIVED. Buyer understands that Buyer has the option to request that the Property be inspected for radon by a certified inspector (see Environmental Notices: Radon). BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement. ? ELECTED. Buyer, at Buyer's expense, has 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) 1. If the test report reveals the presence of radon below 0.02 working levels (4 picocuries?hter), 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 picocuries/liter), Buyer will, within 7 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. 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, OR C. Submit a written, corrective proposal to Seller. The corrective proposal will include, but not be limited to, the name of the certified mitigation company; provisions for payment, including retests; and a projected completion date for corrective measures. (1) Within 5 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 5 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. ? Option 2 a_ Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this 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 mitigation company; provisions for payment, including retests; and a projected completion date for corrective measures. Seller will pay a maximum of $ toward the total cost of remediation and retests, which will be completed by settlement. (1) If the total cost of remediation and retests EXCEEDS the amount specified in paragraph 11(B) (Option 2) b, Seller will, within 5 DAYS of receipt of the cost of remediation, notify Buyer in writing of Seller's choice to: tEPARED BY: THOMAS S. MITROS, BROKERIOWNER S-2K - Standard Agreement For The Sale Of Real Estate, 01/02. Pennsylvania Association of REALTORS@ )PYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS@ 2002 olFA$T® S , 'Cj2Version 6.16. Software Registered to: THOMAS S MITROS, REIMAX HOMEFINDERS ryer(s) Initials Pag 6 of 21 Seller( Initials 1?? 1?-w 330 (a) Pay for the total cost of remediation and retests, in which case Buyer accepts the Property and agrees to the 331 RELEASE set forth in paragraph 25 of this Agreement, OR 332 (b) Contribute toward the total cost of remediation and retests only the amount specified in paragraph II(B) 333 (Option 2) b. 334 (2) If Seller chooses not to pay for the total cost of remediation and retests, or if Seller fails to choose either option 335 within the time given, Buyer will, within 5 DAYS, notify Seller in writing of Buyer's choice to: 336 (a) Pay the difference between Seller's contribution to remediation and retests and the actual cost therof; in which 337 case Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR 338 (b) Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be 339 returned promptly to Buyer and this Agreement will be VOID. 340 12. STATUS OF WATER (1-02) 341 (A) Seller represents that the Property is served by: 342 ? Public Water 343 On-site Water 344 JK Community Water 345 ? None 346 ? 347 WATER SERVICE INSPECTION CONTINGENCY 348 WAIVED. Buyer acknowledges that Buyer has the option to request an inspection of the water service for the Property. 349 BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement. 350 ? ELECTED 351 1. Buyer has the option, within DAYS (15 days if not specified) of the execution of this Agreement and 352 at Buyer's expense, to deliver to Seller a written inspection report by a qualified, professional water testing company 353 of the quality and/or quantity of the water service. 354 2. Seller agrees to locate and provide access to the on-site (or individual) water system, if applicable, at Seller's expense, 355 if required by the inspection company. Seller also agrees to restore the Property, at Seller's expense, prior to settlement. 356 3. If the report reveals that the water service does not meet the minimum standards of any applicable governmental 357 authority and/or fails to satisfy the requirements for quality and/or quantity set by the mortgage lender, if any, then 358 Seller will, within 7 DAYS of receipt of the report, notify Buyer in writing of Seller's choice to: 359 a. Upgrade the water service to the minimum acceptable levels, before settlement, in which case Buyer accepts the 360 Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR 361 b. Not upgrade the water service. - 362 4. If Seller chooses not to upgrade the service to minimum acceptable levels, or fails to respond within the time given, 363 Buyer will, within 5 DAYS, either: 364 a. Accept the Property and the water service and, if required by the mortgage lender, if any, and/or any 365 governmental authority, upgrade the water service before settlement or within the time required by the mortgage 366 lender, if any, and/or any governmental authority, at Buyer's expense and with Seller's permission, which will 367 not be unreasonably withheld, and agree to the RELEASE set forth in paragraph 25 of this Agreement. If Seller 368 denies Buyer permission to upgrade the water service, Buyer may, within 5 DAYS of Seller's 369 denial, terminate this Agreement in writing. If Buyer terminates this Agreeement, all deposit monies paid on 370 account of purchase price will be returned 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 372 be returned promptly to Buyer and this Agreement will be VOID. 373 13. STATUS OF SEWER (1-02) 374 (A) Seller represents that the Property is served by: 375 ? Public Sewer 376 Individual On-lot Sewage Disposal System (See Sewage Notice 1) 377 Individual On lot Sewage Disposal System in Proximity to Well (See Sewage Notice 1; see Sewage Notice 4, if 378 applicable) 379 ? Community Sewage Disposal System 380 ? Ten-acre Permit Exemption (See Sewage Notice 2) 381 ? Holding Tank (See Sewage Notice 3) 382 ? None (See Sewage Notice 1) 383 ? None Available/Permit Limitations in Effect (See Sewage Notice 5) 384 ? 385 413Y INDIVIDUAL ON-LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY 386 WAIVED. Buyer acknowledges that Buyer has the option to request an individual on-lot sewage disposal inspection of the 387 Property. BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement. tEPARED BY: THOMAS S. MITROS, BROKERIOWNER 3-2K - Standard Agreement For The Sale OF Real Estate, 01/02. Pennsylvania Association of REALTORSO )PYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 5aIFA$T® So ©2000/55, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS 11 yer(s) Initials /l f? Page 7 of 21 Seller(s) Ipitials 191PJ 388 ELECTED " " . 389 1. Buyer has the option, within DAYS (15 days if not specified) of the execution of this Agreement and 390 at Buyer's expense, to deliver to Seller a written inspection report by a qualified, professional inspector of the 391 individual on-lot sewage disposal system. 392 2. Seller, at Seller's expense, agrees, if and as required by the inspection company, to locate, provide access to, and empty 393 the individual on-lot sewage disposal system. Seller also agrees to restore the Property, at Seller's expense, prior to 394 settlement. 395 3. If the report reveals defects that do not require expansion or replacement of the existing sewage disposal system, Seller 396 will, within 7 DAYS of receipt of the report, notify Buyer in writing of Seller's choice to: 397 a. Correct the defects before settlement, including retests, at Seller's expense, in which case Buyer accepts the 398 Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR 399 b. Not correct the defects. 400 4. If Seller chooses not to correct the defects, or if Seller fails to respond within the time given, Buyer will, within 401 5 DAYS, either: 402 a. Accept the Property and the system and, if required by the mortgage lender, if any, and/or any governmental 403 authority, correct the defects before settlement or within the time required by the mortgage lender, if any, 404 and/or any governmental authority, at Buyer's sole expense and with Seller's permission, which will not be 405 unreasonably withheld, and agree to the RELEASE set forth in paragraph 25 of this Agreement. If Seller 406 denies Buyer permission to correct the defects, Buyer may, within 5 DAYS of Seller's denial, 407 terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will 408 be returned promptly to Buyer and this Agreement will be VOID, OR 409 b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will 410 be returned promptly to Buyer and this Agreement will be VOID. 411 5. If the report reveals the need to expand or replace the existing individual on-lot sewage disposal system, Seller may, 412 within 25 DAYS of receipt of the report, submit a corrective proposal to Buyer. The corrective proposal 413 will include, but not be limited to, the name of the remediation company; provisions for payment, including retests; 414 and a projected completion date for corrective measures. Within 5 DAYS of receiving Seller's corrective 415 proposals, or if no corrective proposal is received within the time given, Buyer will: 416 a. Agree to the terms of the corrective proposal, if any, in writing, in which case Buyer accepts the Property and 417 agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR 418 b. Accept the Property and the system and, if required by the mortgage lender, if any, and/or any governmental 419 authority, correct the defects before settlement or within the time required by the mortgage lender, if any, 420 and/or any governmental authority, at Buyer's sole expense and with Seller's permission, which will not be 421 unreasonably withheld, and agree to the RELEASE set forth in paragraph 25 of this Agreement. If Seller 422 denies Buyer permission to correct the defects, Buyer may, within 5 DAYS of Seller's denial, 423 terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be 424 returned promptly to Buyer and this Agreement will be VOID, OR 425 c. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will 426 be returned promptly to Buyer and this Agreement will be VOID. 427 14. NOTICES, ASSESSMENTS & CERTIFICATES OF OCCUPANCY (7-04) 428 (A) Seller represents, as of Seller's execution of this Agreement, that no public improvement, condominium or homeowner 429 association assessments have been made against the Property which remain unpaid and that no notice by any government or 430 public authority has been served upon Seller or anyone on Seller's behalf; including notices relating to violations of zoning, 431 housing, building, safety or fire ordinances which remain uncorrected, and that Seller knows of no condition that would 432 constitute violation of any such ordinances which remains uncorrected, unless otherwise specified here: 433 434 (B) Seller knows of no other potential notices (including violations) and assessments except as follows: 435 436 (C) In the event any notices (including violations) and assessments are received after execution of this Agreement and before 437 settlement, Seller will notify Buyer in writing, within 5 DAYS of receiving the notice or assessment, that Seller will : 438 1. Comply with notices and assessments at Seller's expense, in which case Buyer accepts the Property and agrees to the 439 RELEASE set forth in paragraph 25 of this Agreement, OR 440 2. Not comply with notices and assessments at Seller's expense. 441 3. If Seller chooses not to comply with notices and assessments, or fails within the time given to notify Buyer if Seller 442 will comply, Buyer will notify Seller within 5 DAYS in writing that Buyer will either: 443 a. Comply with the notices and assessments at Buyer's expense and agree to the RELEASE set forth in paragraph 444 25 of this Agreement, OR 445 b_ Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned 446 promptly to Buyer and this Agreement will be VOID. 447 If Buyer fails to notify Seller within the time given, Buyer accepts the Property and agrees to the REPARED BY: THOMAS S. MITROS, BROKER/OWNER S-2K - Standard Agreement For The Sale Of Real Estate, 01/02_ Pennsylvania Association of REALTORS@ :)PYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 3alFA$T0 707 02005, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS ryer(s) InitiX Page 8 of 21 / Seller(s) Initials C/ '' VV 448 RELEASE set forth in paragraph 25 of this Agreement. 449 (D) Buyer is advised that access to a public road may require issuance of a highway occupancy permit from the Department of 450 Transportation. 451 (E) If required by law, within 15 DAYS of the execution of this Agreement Seller will order for delivery to Buyer, 452 on or before settlement: 453 1. A certification from the appropriate municipal department or departments disclosing notice of any uncorrected violation 454 of zoning, housing, building, safety or fire ordinances, AND/OR 455 2. A certificate permitting occupancy of the Property. In the event repairs/improvements are required for the issuance of 456 the certificate, Seller will, within 5 DAYS of Seller's receipt of the requirements, notify Buyer of the 457 requirements and whether Seller will make the required repairs/improvements at Seller's expense. 458 If Seller chooses to make the required repairs/improvements, Buyer agrees to accept the Property as repaired and agrees to 459 the RELEASE set forth in paragraph 25 of this Agreement. If Seller chooses not to make the required repairs/improvements, 460 Buyer will, within 5 DAYS, notify Seller in writing of Buyer's choice to terminate this Agreement OR make the 461 repairs/improvements at Buyer's expense and with Seller's permission, which will not be unreasonably withheld. If Seller 462 denies Buyer permission to make the required repairs or if Seller fails to respond within the time given, Buyer may, 463 within 5 DAYS, terminate this Agreement in writing, in which case all deposit monies paid on account of 464 purchase price will be returned promptly to Buyer and this Agreement will be VOID. 465 (F) The Property is not a "recreational cabin" as defined in the Pennsylvania Construction Code Act unless otherwise stated here 466 (see Notice: Regarding Recreational Cabins).- 46715. TITLE, SURVEYS, & COSTS (1-02) 468 (A) The Property is to be conveyed free and clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the 469 following: existing deed restrictions, historic preservation restrictions or ordinances, building restrictions, ordinances, 470 easements of roads, easements visible upon the ground, easements of record, privileges or rights of public service companies, 471 if any, otherwise the title to the above described real estate will be good and marketable and such as will be insured by a 472 reputable Title Insurance Company at the regular rates. 473 (B) Buyer will pay for the following: (1) Title search, title insurance and/or mechanics lien insurance, or fee for cancellation 474 of same, if any, (2) Flood insurance, fire insurance with extended coverage, mine subsidence insurance, and fee for 475 cancellation of same, if any, (3) Appraisal fees and charges paid in advance to mortgage lender, if any, (4) Buyer's 476 customary settlement costs and accruals. 477 (C) Any survey or surveys which may be required by the Title Insurance Company or the abstracting attorney for the preparation 478 of an adequate legal description of the Property (or the correction thereof) will be secured and paid for by Seller. Any 479 survey or surveys desired by Buyer or required by the mortgage lender will be secured and paid for by Buyer. 480 (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 481 at the regular rates, as specified in paragraph 15(A), Buyer will have the option of: (1) taking such title as Seller can give 482 with no change to the purchase price; or (2) being repaid all monies paid by Buyer to Seller on account of purchase price 483 and being reimbursed by Seller for any costs incurred by Buyer for any inspections or certifications obtained according to 484 the terms of the Agreement, and for those items specified in paragraph 15(B) items (1), (2), (3) and in paragraph 15(C), in 485 which case there will be no further liability or obligation on either of the parties hereto and this Agreement will become VOID. 48616. ZONING CLASSIFICATION (1-02) 487 Failure of this Agreement to contain the zoning classification (except in cases where the property {and each parcel thereof; if 488 subdividable) is zoned solely or primarily to permit single-family dwellings) will render this Agreement voidable at the option 489 of the Buyer, and, if voided, any deposits tendered by th Buyer will be returned to the Buyer without any requirement for 490 court action. 491 Zoning Classification: (G t 492 ? ELECTED. Within 15 DAYS of the ex tion o this Agreement, Buyer will verify that the existing use of the 493 Property as is permitted 494 In the event the use is not permitted, Buyer will, within the time given for verification, notify Seller in writing that the 495 existing use of the Property is not permitted and this Agreement will be VOID, in which case all deposit monies paid on 496 account of purchase price will be returned promptly to Buyer. Buyer's failure to respond within the time given will 497 constitute a WAIVER of this contingency and all other terms of this Agreement remain in full force and effect. 498 17. AL NOTICE 499 NOT APPLICABLE 500 APPLICABLE 501 THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND 502 RIGHTS OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE 503 OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL SUCH COAL 504 AND IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, 505 BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. (This notice is set forth m the manner provided in Section 1 506 of the Act of July 17, 1957, P.L. 984_) "Buyer acknowledges that he may not be obtaining the right of protection against REPARED BY: THOMAS S. MITROS, BROKERIOWNER IS-2K - Standard Agreement For The Sale OF Real Estate, 01/02. Pennsylvania Association of REALTORS@ OPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 ealFA$T® SS 9 005, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS j Page uyer(s) InitiIs 9 of 21 Seller(s) Initials V 507 subsidence resulting from coal mining operations, and that the property described herein may be protected from damage due to 508 ' mine subsidence by a private contract with the owners of the economic interests in the coal. This acknowledgment is made for 509 the purpose of complying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation 510 Act of April 27, 1966." Buyer agrees to sign the deed from Seller which deed will contain the aforesaid provision. 511 18. POSSESSION (1-02) 512 (A) Possession is to be delivered by deed, keys and: 513 1. Physical possession to vacant Property free of debris, with all structures broom-clean, at day and time of settlement, 514 AND/OR 515 2. Assignment of existing lease(s), together with any security deposits and interest, at time of settlement, if Property is 516 ]eased at the execution of this Agreement or unless otherwise specified herein. Buyer will acknowledge existing 517 lease(s) by initialing said leases(s) at time of execution of this Agreement. 518 (B) Seller will not enter into any new leases, written extension of existing leases, if any, or additional leases for the Property 519 without the written consent of Buyer. 52019. RECORDING (3-85) This Agreement will not be recorded in the Office for the Recording of Deeds or in any other office or 521 place of public record and if Buyer causes or permits this Agreement to be recorded, Seller may elect to treat such act as a 522 breach of this Agreement. 52320. ASSIGNMENT (3-85) This Agreement will be binding upon the parties, their respective heirs, personal representatives, 524 guardians and successors, and to the extent assignable, on the assigns of the parties hereto, it being expressly understood, 525 however, that Buyer will not transfer or assign this Agreement without the written consent of Seller. 526 21. DEPOSIT & RECOVERY FUND (1-02) 527 (A) Deposits paid by Buyer within 30 DAYS of settlement will be by cash, cashier's or certified check. Deposits, 528 regardless of the form of payment and the person designated as payee, will be paid in U.S. Dollars to Broker or party 529 identified in paragraph 3(B), who will retain them in an escrow account until consummation or termination of this 530 Agreement in conformity with all applicable laws and regulations. Any uncashed check tendered as deposit monies may 531 be held pending the acceptance of this offer. 532 (B) Upon termination of this Agreement, the Broker holding the deposit monies will release the deposit monies in accordance 533 with the terms of a fully executed written agreement between Buyer and Seller. 534 (C) In the event of a dispute over entitlement to deposit monies, a broker holding the deposit monies is required by the Rules 535 and Regulations of the State Real Estate Commission (49 Pa. Code §35.327) to retain the monies in escrow until the dispute 536 is resolved. In the event of litigation for the return of deposit monies, a broker will distribute the monies as directed by a final 537 order of court or the written Agreement of the parties. Buyer and Seller agree that, in the event any broker or affiliated 538 licensee is joined in litigation for the return of deposit monies, the attorneys' fees and costs of the broker(s) and licensee(s) 539 will be paid by the party joining them. 540 (D) A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a 541 Pennsylvania real estate licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been 542 unable to collect the judgment after exhausting all legal and equitable remedies- For complete details about the Fund, call 543 (717) 783-3658, or (800) 822-2113 (within Pennsylvania) and (717) 7834854 (outside Pennsylvania). 544 22. C NDOMINIUM / PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) RESALE NOTICE (1-02) 545 NOT APPLICABLE 546 APPLICABLE: CONDOMINIUM. Buyer acknowledges that the Property is a unit ofa condominium that is primarily run 547 by a unit owners' association- §3407 of the Uniform Condominium Act of Pennsylvania requires Seller to furnish Buyer 548 with a Certificate of Resale and copies of the condominium declaration (other than plats and plans), the bylaws; and the 549 rules and regulations of the association. 550 ? APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOCIATION). Buyer acknowledges that the Property is 551 part of a planned community as defined by the Uniform Planned Community Act. (See Definition of Planned Community 552 Notice). §5407(a) of the Act requires Seller to furnish Buyer with a copy of the Declaration (other than plats and plans), the 553 bylaws, the rules and regulations of the association, and a Certificate containing the provisions set forth in §5407(a) of the 554 Act. 555 THE FOLLOWING APPLIES TO PROPERTIES THAT ARE PART OF A CONDOMINIUM OR A PLANNED 556 COMMUNITY. 557 (A) Within 15 DAYS of the execution of this Agreement, Seller will submit a request to the association for a Certificate 558 of Resale and the documents necessary to enable Seller to comply with the Act. The Act provides that the association is 559 required to provide these documents within 10 days of Seller's request. 560 (B) Seller will promptly deliver to Buyer all documents received from the association. Under the Act, Seller is not liable to 561 Buyer for the failure or delay of the association to provide the Certificate in a timely manner, nor is Seller liable to Buyer 562 for any erroneous information provided by the association and included in the Certificate. 563 (C) Buyer may declare this Agreement VOID at any time before Buyer's receipt of the association documents and for 5 days 564 thereafter, OR until settlement, whichever occurs first. Buyer's notice declaring this Agreement void must be in writing; 565 thereafter all deposit monies will be returned to Buyer. 2EPARED BY: THOMAS S. MITROS, BROKERIOWNER S-2K - Standard Agreement For The Sale Of Real Estate, 01102. Pennsylvania Association of REALTORS@ 3PYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS@ 2002 mIFA$T® So rR 005, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS Page 10 of 21 iyer(s) Initials 7e )Initials -Jttv 566 (D) In the event the association has the right to buy the Property (right of first refusal), and the association exercises that right, 567 Seller will reimburse Buyer for all monies paid by Buyer on account of purchase price and for any costs incurred by Buyer 568 for: (1) Title search, title insurance and/or mechanics lien insurance, or fee for cancellation of same, if any: (2) Flood 569 insurance and/or fire insurance with extended coverage, mine subsidence insurance, or fee for cancellation of same, if 570 any, (3) Appraisal fees and charges paid in advance to mortgage lender, if any. 57123. MAINTENANCE & RISK OF LOSS (1-02) 572 (A) Seller will maintain the Property, grounds, fixtures, and arry personal property specifically scheduled herein in its present 573 condition, normal wear and tear excepted. 574 (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, 575 Seller will promptly notify Buyer in writing of Seller's choice to: 576 1. Repair or replace the failed system or appliance before settlement or credit Buyer at settlement for the fair market value 577 of the failed system or appliance (this option must be acceptable to the mortgage lender, if any). In each case, Buyer 578 accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR 579 2. Not repair or replace the failed system or appliance, and not credit Buyer at settlement for the fair market value of the 580 failed system or appliance. If Seller does not repair, replace or offer a credit for the failed system or appliance, 581 or if Seller fails to notify Buyer of Seller's choice, Buyer will notify Seller in writing within 582 5 DAYS or before settlement, whichever is sooner, that Buyer will: 583 a. Accept the Property and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 584 b. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned 585 promptly to Buyer and this Agreement will be VOID. 586 (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 587 casualties to any property included in this sale that is not repaired or replaced prior to settlement, Buyer will have the option 588 of rescinding this Agreement and promptly receiving all monies paid on account of purchase price or of accepting the 589 Property in its then condition together with the proceeds of any insurance recovery obtainable by Seller. Buyer is hereby 590 notified that Buyer may insure Buyer's equitable interest in this Property as of the time of execution of this Agreement. 59124. WAIVER OF CONTINGENCIES (1-02) 592 If this Agreement is contingent on Buyer's right to insPgct and/or repair the Property, Buyer's failure to exercise any of 593 Buyer's options within the time limits set forth in this Agreement will constitute a WAIVER of that contingency and 594 Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement 59525. RELEASE (1-02) 596 Buyer hereby releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES, 597 and any OFFICER or PARTNER of any one of them and any other PERSON, FIRM, or CORPORATION who may be 598 liable by or through them, from any and all claims, losses or demands, including, but not limited to, personal injuries and 599 property damage and all of the consequences thereof, whether now known or not, which may arise from the presence of 600 termites or other wood-boring insects, radon, lead-based paint hazards, environmental hazards, any defects in the 601 individual on-lot sewage disposal system or deficiencies in the on-site water service system, or any defects or conditions 602 on the Property. Should Seller be in default under the terms of this Agreement, this release does not deprive Buyer of 603 any rights to pursue any remedies that may be available under law or equity. This release will survive settlement. 60426. REPRESENTATIONS (1-02) 605 (A) Buyer understands that any representations, claims, advertising, promotional activities, brochures or plans of any kind made 606 by Seller, Brokers, their licensees, employees, officers or partners are not a part of this Agreement unless expressly 607 incorporated or stated in this Agreement. It is further understood that this Agreement contains the whole agreement 608 between Seller and Buyer and there are no other terms, obligations, covenants, representations, statements or conditions, 609 oral or otherwise of any kind whatsoever concerning this sale. Furthermore, this Agreement will not be altered, amended, 610 changed, or modified except in writing executed by the parties. 611 (B) It is understood that Buyer has inspected the Property before signing this Agreement (including fixtures and any 612 personal property specifically scheduled herein), or has waived the right to do so, and has agreed to purchase the 613 Property in its present condition unless otherwise stated in this Agreement Buyer acknowledges that Brokers, their 614 licensees, employees, officers or partners have not made an independent examination or determination of the 615 structural soundness of the Property, the age or condition of the components, environmental conditions, the permitted 616 uses, or of conditions existing in the locale where the Property is situated; nor have they made a mechanical 617 inspection of any of the systems contained therein. 618 (C) Any repairs required by this Agreement will be completed in a workmanlike manner. 619 (D) Broker(s) may perform services to assist unrepresented parties in complying with the terms of this Agreement. 620 (E) The headings, captions, and line numbers in this Agreement are meant only to make it easier to find the paragraphs. 62127. DEFAULT (1-02) 622 (A) Seller has the option of retaining all sums paid by Buyer, including the deposit monies, should Buyer: 623 1. Fail to make any additional payments as specified in paragraph 3; OR 624 2. Furnish false or incomplete information to Seller, Broker(s), or the mortgage lender, if any, concerning Buyer's legal or 625 financial status, or fail to cooperate in the processing of the mortgage loan application, which acts would result in the 2EPARED BY: THOMAS S. MITROS, BROKERIOWNER 5-2K - Standard Agreement For The Sale Of Real Estate, 01!02. Pennsylvania Association of REALTORSO )PYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS® 2002 aIFA$T®So r ,©2005, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS Page 11 of 21 Seller(s) Initials /WW 626 failure to obtain the approval of a mortgage loan commitment; OR 627 3. Violate or fail to fulfill and perform any other terms or conditions of this Agreement. E.?B (;) Unless otherwise checked in paragraph 27 (C), Seller may elect to retain those sums paid by Buyer, including deposit 629 monies, in one of the following manners: 630 1. On account of purchase price, OR 631 2. As monies to be applied to Seller's damages, OR 632 3 As liquidated damages for such breach. 633 (C) Seller is limited to retaining sums paid by Buyer, including deposit monies, as liquidated damages. 634 (D ller retains all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to paragraph 27 (B) or 635 (C), Buyer and Seller will be released from further liability or obligation and this Agreement will be VOID. 63628. MEDIATION (7-96) 637 NOT AVAILABLE 638 WAIVED. Buyer and Seller understand that they may choose to mediate at a later date, should a dispute arise, but that 639 there will be no obligation on the part of any party to do so. 640 ? ELECTED 641 (A) Buyer and Seller will try to resolve any dispute or claim that may arise from this Agreement through mediation. 642 in accordance with the Rules and Procedures of the Home Sellers/Home Buyers Dispute Resolution System Any 643 agreement reached through a mediation conference and signed by the parties will be binding. 644 (B) Buyer and Seller acknowledge that they have received, read, and understand the Rules and Procedures of the Home 645 Sellers/Home Buyers Dispute Resolution System. (See Mediation Notice.) 646 (C) This agreement to mediate disputes arising from this Agreement will survive settlement. 647 29. SPECIAL CLAUSES (1-02) 648 (A) The following are part of this Agreement if checked: 649 ? Sale & Settlement of Other Property ? Settlement of Other Property Contingency Addendum (PAR Form SOP) 650 Contingency Addendum (PAR Form SSP) ? Tenant-Occupied Property Addendum (PAR Form TOP) 651 ? Sale & Settlement of Other Property ? 652 Contingency with Right to Continue ? 653 Marketing Addendum (PAR Form SSP-CM) ? ` 654 !t;GL?/? •/?% r??//Z>C?-? ?1?- / IGj ??!?L'C 655 656 657 Buyer and Seller acknowledge receiving a copy of this Agreement at the time of signing. 658 659 NOTICE TO PARTIES: WIN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Return by facsimile 660 transmission (FAQ of this Agreement, and all addenda, bearing the signatures of all parties, constitutes acceptance of this 661 Agreement. Parties to this transaction are advised to consult an attorney before signing if they desire legal advice. 66 663 Buyer has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code § 35.336. Buyer has received a statement of Buyer's estimated closing costs before signing this Agreement. 66 Buyer has read and understands the notices and explanatory information set forth in this Agreement. 666 Buyer has received a Seller's Property Disclosure Statement before signing this Agreement, if required by law (see 667 Information Regarding the Real Estate Seller Disclosure Law). 668 Buyer has received the Deposit Money Notice (for cooperative sales when Broker for Seller is holding deposit money) 66 before signing this Agreement 7 5A 670 BUYER'S MAILING ADDRESS: 671 . ??/?` .,d 2,elAt 4 ? L t4Cji , W -1 672 BUYER'S NTACT NUMBER(S): V (OL% `f ,A LL/ T vc r T ?''' WITNESS BUYER f ( f DATE <? j ?tP )u 673 674 Seller hereby approves the above contract this (date) I _)_- S - C` ZEPARED BY: THOMAS S. MITROS, BROKER/OWNER 5-2K - Standard Agreement For The Sale Of Real Estate, 01102. Pennsylvania Association of REALTORS@ ?PYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 OIFA$T® Software, ©2005, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS Page 12 of 21 Seller(s Is 675 In consideration of the services rendered in procuring the Buyer, Seller agrees to pay the named Broker for Seller a fee of :5 ? of/from theAMn specified sale price. In the event the Buyer defaults hereunder, any monies paid on account will be divided , iuvq , Broker for Seller, but in no event will the sum paid to the Broker for Seller exceed the above specked Broker's ftp 676 Seller has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa Code § 35.336. 677 ? Seller has received a statement of Seller's estimated closing costs before signing this Agreement. 678? Seller has read and understands the notices and explanatory information set forth in this Agreement. 679 El 680 SELLER'S MAILING ADDRESS- 681 L.:L.?C??61S % 682 SELLER'S CONTACT NUMBER(S) 683 684 Brokers'/Licensees' Certifications (check all that are applicable): 6850 Regarding Lead-Based Paint Hazards Disclosure: Required if Property was built before 1978: The undersigned Licensees 686 involved in this transaction, on behalf of themselves and their brokers, certify that their statements are true to the best of their 687 knowledge and belief. 688 Acknowledgment: The Licensees involved in this transaction have informed Seller of Seller's obligations under The Residential 689 Lead-Based Paint Hazard Reduction Act, 42 U. S. C. § 4852(d), and are aware of their responsibility to ensure compliance. 690 6910 Regarding FHA Mortgages: The undersigned Licensees involved in this transaction, on behalf of themselves and their 692 brokers, certify that the terms of this contract for purchase are true to the best of their knowledge and belief, and that any other 693 agreement entered into by any of these parties in connection with this transaction is attached to this Agreement. 694 6950 Regarding Mediation: The undersigned ? Broker for Seller ? Broker for Buyer agree to submit to mediation in accordance 696 with paragraph 28 of this Agreement. 697 SompaniryINName 698 BROKER FOR SELLER 699 ACCEPTED BY 4 IQ k(?ZWI DATE 700 701 BROKER FOR BUYER (Co rt Me M 702 ACCEPTED BY 2EPARED BY: THOMAS S. METROS, BROKER/OWNER S-2K - Standard Agreement For The Sale Of Real Estate, 01/02. Pennsylvania Association of REALTORS® :)PYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO2002 WFA$T® r , 005, Version 6.16. Software Registered to: THOMAS S METROS, RE/MAX HOMEFINDERS tyer(s) In' als Page 1 of 21 NOTICES AND INFORMATION INFORMATION REGARDING TAX PRORATION For purposes of prorating real estate taxes, the "periods covered" by the tax bills are as follows: for all counties and municipalities in Pennsylvania, and for the Philadelphia, Pittsburgh, and Scranton school districts, the tax bills are for the period January 1 to December 31. For all other school districts, the period covered by the tax bill is July 1 to June 30. COMMUNICATIONS WITH BUYER AND/OR SELLER Whenever this Agreement contains a provision that requires or allows communication/delivery to a Buyer, said provision shall be satisfied by communication/delivery to the Broker for Buyer, if any. If there is no Broker for Buyer, all such provisions may be satisfied only by communication/delivery being made directly to the Buyer, unless otherwise agreed to by the parties. Whenever this Agreement contains a provision that requires or allows communication/delivery to a Seller, said provision shall be satisfied by communication/delivery to the Broker for Seller, if any. If there is no Broker for Seller, all such provisions may be satisfied only by communication/delivery being made directly to the Seller, unless otherwise agreed to by the parties. NOTICE TO BUYERS SEEKING MORTGAGE FINANCING The appraised value of the Property is used in determining the maximum amount of the loan and may be different from the purchase price and/or market value. NOTICES AND INFORMATION ON PROPERTY CONDITION INSPECTIONS U.S. Department of Housing and Urban Development FHA Loans: For Your Protection: Get a Home Inspection Why a Buyer Needs a Home Inspection A home inspection gives the buyer more detailed information about the overall condition of the home prior to purchase. In a home inspection, a qualified inspector takes an in-depth, unbiased look at your potential new home to: • evaluate the physical condition: structure, constuction, and mechanical systems. • identify items that need to be repaired or replaced • estimate the remaining useful life of the major systems, equipment, structure, and finishes Appraisals are Different from Home Inspections An appraisal is different from a home inspection. Appraisals are for lenders; home inspections are for buyers. An appraisal is required for three reasons: • to estimate the market value of a house • to make sure that the house meets FHA minimum property standards/requirements • to make sure that the house is marketable FHA Does Not Guarantee the Value or Condition of your Potential New Home If you find problems with your new home after closing, FHA can not give or lend you money for repairs, and FHA can not buy the home back from you. Radon Gas Testing The United States Environmental Protection Agency and the Surgeon General of the United States have recommended that all houses should be tested for radon. For more information on radon testing, call the National Radon Information Line at 1-800-SOS-Radon (1-800-644-6999). As with a home inspection, ifyou decide to test for radon, you may do so before signing your contract, or you may do so after signing the contract as long as your contract states the sale of the home depends on your satisfaction with the results of the radon test. Be an Informed Buyer It is your responsibility to be an informed buyer. Be sure that what you buy is satisfactory in every respect. You have the right to carefully examine your potential new home with a qualified home inspector. You may arrange to do so before signing your contract, or may :SPARED BY: THOMAS S. MITROS, BROKERIOWNER i-2K - Standard Agreement For The Sale Of Real Estate, 01102. Pennsylvania Association of REALTORSID rPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 alFA$T(D So 7,2005, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS page 14 of 21 fer(s) In -is N Seller(s) Initials IWIA_l do so aftersi;pingth econtract aslong asyourcontractstates that thesaleofthehomedependsontheinspection . PROPERTY INSPECTION NOTICES Property Inspection: Inspections of the Property can be performed by professional contractors or a home inspector and may include inspections of, structural components; roof, exterior windows and exterior doors; exterior siding, fascia, gutters, and downspouts, appliances; electrical, plumbing, heating, and cooling systems; water penetration; and any other items Buyer may select. Other inspections or certifications might include: Environmental Hazards (e.g., Mold, Indoor Air Quality, Asbestos, Underground Storage Tanks, etc.), Electromagnetic Fields, Wetlands Inspection, Flood Plain Verification, Property Boundary/Square Footage Verification, and any other items Buyer may select. Buyer is advised to investigate easements, deed and use restrictions (including any historic preservation restrictions or ordinances) that apply to the Property and to review local zoning ordinances. Flood Plains: If the Property is located in a flood plain, Buyer may be required to carry additional insurance. Property Boundary/Square Footage: Buyer is advised that Seller has not had the Property surveyed and that any fences, hedges, walls and other natural or constructed barriers may or may not represent the true boundary lines of the Property. Buyer is also advised that any numerical representations of square footage of the structure(s) and/or lot size are approximations only and may be inaccurate. Buyer is advised to engage a professional surveyor or obtain an independent measurement of the structure(s) and/or lot size if Buyer wishes to make this sale contingent on Buyer's approval of the Property's boundaries or square footage. Water Service: Buyer may elect to have the water service inspected by a professional water testing company. In addition, on-site water service systems may have to meet certain quality and/or quantity requirements set by the municipality or the mortgage lender. Wood-Destroying Insect Infestation: Insects whose primary source of food is wood, such as termites, wood-boring beetles, carpenter ants, carpenter bees, and certain other insects, can cause damage to the wood structure of a residence. Termite and Pest Control companies are available to make inspections to determine whether mod-destroying insects are present. Because of the way these insects function, damage to wood may be hidden. Careful selection should be made of skilled experts in the termite/pest control field to insure a proper determination of whether wood-boring insects or resultant damage is present. Exterior Insulation and Finish Systems (EIFS): Exterior Insulation and Finish Systems - sometimes referred to as synthetic stucco - are multi-layered wall systems that are applied to the exterior of some homes. Poor or improper installation of EIFS may result in moisture penetrating the surface of a structure where it may cause damage to the building's frame. Leakage most frequently occurs near doors and windows, gutters, the roof connection, and at the lowermost edge of the exterior surface. Vulnerability to leakage depends on structure design as well as the expertise and application skills of the contractor. Damage caused by water intrusion may be both extensive and expensive to repair but may go undetected in the absence of an adequate inspection. Buyers purchasing homes with EIFS construction may seek to engage an inspector experienced in testing the EIFS related problems who can determine the moisture content of the building's frame. INFORMATION REGARDING THE HOME INSPECTION LAW 68 Pa. C.S.A. §7501, et. seq. Applicability: In general, the Home Inspection Law applies to residential real estate transfers. A residential real estate transfer is defined as a sale, exchange, installment sales contact, lease with an option to buy, grant or other transfer of an interest in real property where NOT LESS THAN ONE AND NOT MORE THAN FOUR RESIDENTIAL DWELLING UNITS are involved. See Information Regarding The Real Estate Seller Disclosure Law (exceptions 1-8) for a list of exceptions to this general rule. Home Inspection: A noninvasive, visual examination of some combination of the mechanical, electrical or plumbing systems or the structural and essential components of a residential dwelling designed to identify material defects in those systems and components, and performed for a fee in connection with or preparation for a proposed or possible residential real estate transfer. The term also includes any consultation regarding the property that is represented to be a home inspection or that is described by any confusingly similar term. The term does not include an examination of a single system or component of a residential dwelling such as, for example, its electrical or plumbing system or its roof. The term also does not include an examination that is limited to inspection for, or of, one or more of the following: wood destroying insects, underground tanks and wells, septic systems, swimming pools and spas, alarm systems, air and water quality, tennis courts and playground equipment, pollutants, toxic chemicals and environmental hazards. The scope of a home inspection, the services to be performed and the systems and conditions to be inspected or excluded from inspection may be defined by a contract between the home inspector and the client. Home inspection report: A written report on the results of a home inspection. A home inspection report shall include: tEPARED BY: THOMAS S. MITROS, BROKERIOWNER 3-2K - Standard Agreement For The Sale Of Real Estate, 01/02. Pennsylvania Association of REALTORSO )PYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 !aIFA$T® 005, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS Page 15 of 21 Sellers Initials yer(s) Int.-Is ( ) rnjj ?? (1) A description of the scope of the inspection, including without limitation an identification of the structural elements, systems and subsystems covered by the report. (2) A description of any material defects noted during the inspection, along with any recommendation that certain experts bP retained to determine the extent of the defects and any corrective action that should be taken. A "material defect" that poses an unreasonable risk to people on the property shall be conspicuously identified as such. A home inspector shall not express either orally or in writing an estimate of the cost to repair any defect found during a home inspection, except that such an estimate may be included in a home inspection report if. (1) the report identifies the source of the estimate; (2) the estimate is stated as a range of costs; and (3) the report states that the parties should consider obtaining an estimate from a contractor who performs the type of repair involved. Seller shall have the right, upon request, to receive without charge a copy of any inspection report from the party for whom it was prepared. Home inspector: An individual who performs a home inspection. National home inspectors association: Any national association of home inspectors that: (1) Is operated on a not-for-profit basis and is not operated as a franchise. (2) Has members in more than ten states. (3) Requires that a person may not become a full member unless the person has performed or participated in more than 100 home inspections and has passed a recognized or accredited examination testing knowledge of the proper procedures for conducting a home inspection. (4) Requires that its members comply with a code of conduct and attend continuing professional education classes as an ongoing condition of membership. A buyer shall be entitled to rely in good faith, without independent investigation, on a written representation by a home inspector that the home inspector is a full member in good standing of a national home inspection association. Material defect: A problem with a residential real property or any portion of it that would have a significant adverse impact on the value of the property or that involves an unreasonable risk to people on the property. The fact that a structural element, system or subsystem is near, at or beyond the end of the normal useful life of such a structural element- system or subsystem is not by itself a material defect. ENVIRONMENTAL NOTICES Asbestos: The heat-resistant and durable nature of asbestos makes it useful in construction and industry. The physical properties that give asbestos its resistance to heat and decay are linked with several adverse human health effects. Asbestos can easily break into microscopic fibers that can remain suspended in the air for long periods of time. When inhaled, these fibers easily penetrate body tissue. Asbestos is known to cause Asbestosis and various farms of cancer. Inquiries or requests for more information about asbestos can be directed to the U.S. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Ave., N.W., Washington, DC 20460, and/or the Department of Health, Commonwealth of Pennsylvania, Division of Environmental Health, Harrisburg, PA 17120. Electromagnetic Fields: Electromagnetic Fields (D&Fs) occur around all electrical appliances and power lines. Conclusive evidence that EMFs pose health risks does not exist at present, and Pennsylvania has no laws regarding this issue. Environmental Hazards: The U.S. Environmental Protection Agency has a list of hazardous substances, the use and disposal of which are restricted by law. Generally, if hazardous substances are found on a property, it is the property owner's responsibility to dispose of them properly. For more information and a list of hazardous substances, contact U.S. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Ave., N.W., Washington, DC 20460, (202) 260-2090. Wetlands: Wetlands are protected by both the federal and state governments. Buyer may wish to have the Property inspected for wetlands by an environmental engineer to determine if permits for plans to build, improve, or develop the property would be affected or denied because of wetlands. Lead: (For Properties built before 1978) Lead Warning Statement: Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk 2EPARED BY: THOMAS S. MITROS, BROKERIOWNER S-2K - Standard Agreement For The Sale Of Real Estate, 01102. Pennsylvania Association of REALTORSO )PYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS® 2002 !alFA$T® WSoftwa?e, 005, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS Page 16 of 21 ryer(s) In K Sellers Initials to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lecd-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-4based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase. Lead Hazard Disclosure Requirements: In accordance with the Residential Lead-Based Paint Hazard Reduction Act, any seller of property built before 1978 must provide the buyer with an EPA approved lead hazards information pamphlet titled Protect Your Family From Lead in Your Home and must disclose to the buyer and the Broker(s) the known presence of lead-based paint and/or lead-based paint hazards in or on the property being sold, including the bass used for determining that lead-based paint and/or lead- based paint hazards exist, the location of lead-based paint and/or lead-based paint hazards, and the condition of painted surfaces. Any seller of a pre-1978 structure must also provide the buyer with any records or reports available to the seller pertaining to lead-based paint and/or lead-based paint hazards in or about the property being sold, the common areas, or other residential dwellings in multi-family housing. The Act further requires that before a buyer is obligated to purchase any housing constructed prior to 1978, the seller will give the buyer 10 days (unless buyer and seller agree in writing to another time period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. The opportunity to conduct a risk assessment or inspection may be waived by the buyer, in writing. Neither testing nor abatement is required of the seller. Housing built in 1978 or later is not subject to the Act. Radon: Radon is a natural, radioactive gas that is produced in the ground by the normal decay of uranium and radium. Studies indicate that extended exposure to high levels of radon gas can increase the risk of lung cancer. Radon can find its way into any air-space, including basements and crawl spaces and can permeate a structure. The US. Environmental Protection Agency (EPA) advises corrective action if the annual average exposure to radon exceeds 0.02 working levels or 4 picocuries/liter. If a house has a radon problem, it usually can be cured by increased ventilation and/or by preventing radon entry. Any person who tests, mitigates, or safeguards a building for radon in Pennsylvania must be certified by the Department of Environmental Protection. Information about radon and about certified testing or mitigation firms is available through the Department of Erivironmental Protection, Bureau of Radiation Protection, 13th Floor, Rachel Carson State Office Building, P.O. Box 8469, Harrisburg, PA 17105-8469, (800) 23RADON or (717) 783-3594. Mold/Fungi and Indoor Air-Quality: Indoor mold contamination and the inhalation ofbioaerosols (bacteria, mold spores, pollen, and viruses) have been associated with allergic responses including upper respiratory congestion, cough, mucous membrane irritation, fever, chill s, muscle ache or other transient inflammation or allergy. Claims have been asserted that exposure to mold contamination and bioaerosols has led to serious infection, immunosuppression and illnesses of neuro or systemic toxicity. Sampling of indoor air quality and other methods exist to determine the presence and scope of any indoor contamination. Because individuals may be affected differently, or not affected at all, by mold contamination, the surest approach to determine the presence of contamination is to engage the services of a qualified professional to undertake an assessment and/or sampling. Assessments and samplings for the presence of mold contamination can be performed by qualified industrial hygienists, engineers, laboratories and home inspection companies that offer these services. Information pertaining to indoor air quality is available through the United States Environmental Protection Agency and may be obtained by contacting IAQ INFO, P.O. Box 37133, Washington, D.C. 20013-7133, 1-800-438-4318 SEWAGE NOTICES NOTICES PURSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT NOTICE 1: THERE IS NO CURRENTLY EXISTING COMMUNITY SEWAGE SYSTEM AVAILABLE FOR THE SUBJECT PROPERTY. Section 7 of the Pennsylvania Sewage Facilities Act provides that no person shall install, construct, request bid proposals for construction, alter, repair or occupy any building or structure for which an individual sewage system is to be installed, without first obtaining a permit. Buyer is advised by this notice that, before signing this Agreement, Buyer should contact the local agency charged with administering the Act to determine the procedure and requirements for obtaining a permit for an individual sewage system. The local agency charged with administering the Act will be the municipality where the Property is located or that municipality working cooperatively with others. NOTICE 2: THIS PROPERTY IS SERVICED BY AN INDIVIDUAL SEWAGE SYSTEM INSTALLED UNDER THE TEN ACRE PERMIT EXEMPTION PROVISIONS OF SECTION 7 OF THE PENNSYLVANIA SEWAGE FACILITIES ACT. (Section 7 provides that a permit may not be required before installing, constructing, awarding a contract for construction, altering, repairing or connecting to an individual sewage system where a ten-acre parcel or lot is subdivided from a parent tract after January 10, 1987). Buyer is advised that soils and site testing were not conducted and that, should the system malfunction, the owner of the Property or properties serviced by the system at the time of a malfunction may be held liable for any contamination, pollution, public health hazard or nuisance which occurs as a result. NOTICE 3: THIS PROPERTY IS SERVICED BY A HOLDING TANK (PERMANENT OR TEMPORARY) TO WHICH EPARED BY: THOMAS S. MITROS, BROKER/OWNER -2K - Standard Agreement For The Sale Of Real Estate, 01/02. Pennsylvania Association of REALTORSO PYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS@ 2002 alFA$TO So ©20/05, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS Page rer(s) In 'als ' ?? 7 of 21 Seller(s) itials ?V SEWAGE IS CONVEYED BY A WATER CARRYING SYSTEM AND WHICH IS DESIGNED AND CONSTRUCTED TO FACILITATE ULTIMATE DISPOSAL OF THE SEWAGE AT ANOTHER SITE. Pursuant to the Pennsylvania Sewage Facilities Act, Seller must provide a history of the annual cost of maintaining the tank from the date of its installation or December 14, 1995, whichever is later. NOTICE 4: AN INDIVIDUAL SEWAGE SYSTEM HAS BEEN INSTALLED AT AN ISOLATION DISTANCE FROM A WELL THAT IS LESS THAN THE DISTANCE SPECIFIED BY REGULATION. The regulations at 25 Pa Code §73.13 pertaining to minimum horizontal isolation distances provide guidance. Subsection (b) of §73.13 states that the minimum horizontal isolation distance between an individual water supply or water supply system suction line and treatment tanks shall be 50 feet. Subsection (c) §73.13 states that the horizontal isolation distance between the individual water supply or water supply system suction line and the perimeter of the absorption area shall be 100 feet. NOTICE 5: THIS LOT IS WITHIN AN AREA IN WHICH PERMIT LIMITATIONS ARE IN EFFECT AND IS SUBJECT TO THOSE LIMITATIONS. SEWAGE FACILITIES ARE NOT AVAILABLE FOR THIS LOT AND CONSTRUCTION OF A STRUCTURE TO BE SERVED BY SEWAGE FACILITIES MAY NOT BEGIN UNTIL THE MUNICIPALITY COMPLETES A MAJOR PLANNING REQUIREMENT PURSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT AND REGULATIONS PROMULGATED THEREUNDER. NOTICE REGARDING RECREATIONAL CABINS A Recreational Cabin is a structure which is: (1) Utilized principally for recreational activity; (2) Not utilized as a domicile or residence for any individual for any time period; (3) Not utilized for commercial purposes; (4) Not greater than two stories in height, excluding basement; (5) Not utilized by the owner or any other person as a place of employment; (6) Not a mailing address for bills and correspondence; and (7) Not listed as an individual's place of residence on a tax return, driver's license, car registration or voter registration- A recreational cabin may be exempt from the provisions of the Pennsylvania Construction Code Act if: (1) The cabin is equipped with at least one smoke detector, one fire extinguisher and one carbon monoxide detector in both the kitchen and sleeping quarters; and (2) The owner of the cabin files with the municipality either: (A) An affidavit on a form prescribed by the department attesting to the fact that the cabin meets the definition of a "recreational cabin" in Section 101 or (B) A valid proof of insurance for the recreational cabin, written and issued by an insurer authorized to do business in this Commonwealth, stating that the structure meets the definition of a "recreational cabin" as defined in Section 103. If a recreational cabin is subject to exclusion from the Pennsylvania Construction Code Act, upon transfer of ownership of the recreational cabin, written notice must be provided in the sales agreement and the deed that the recreational cabin: (1) Is exempt from this Act; (2) May not be in conformance with the uniform construction code; and (3) Is not subject to municipal regulation. Failure to comply with the notice requirement under paragraph (1) above shall render the sale voidable at the option of the purchaser. DEFINITION OF A PLANNED COMMUNITY The Uniform Planned Community Act defines "planned community" as real estate with respect to which a person, by virtue of ownership of an interest in any portion of the real estate, is or may become obligated by covenant, easement or agreement imposed on the owner's interest to pay any amount for real property taxes, insurance, maintenance, repair, improvement, management, administration or regulation of any part of the real estate other than the portion or interest owned solely by the person The term excludes a cooperative and a condominium, but a cooperative or condominium may be part of a planned community. For the purposes of this definition, "ownership" includes holding a leasehold interest of more than 20 years, including renewal options, in real estate- The term includes non-residential campground communities. tEPARED BY: THOMAS S. MITROS, BROKER/OWNER 3-2K - Standard Agreement For The Sale Of Real Estate, 01/02. Pennsylvania Association of REALTORSO )PYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 a1FA$T® So ©2005, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS r Page 18 of 21 yer(s) Inals Setter(s) itials r Exemptions from the Uniform Planned Community Act - When a Certificate of Resale Is Not Required Tf e )wriei of a property located within a planned community is not required to furnish the buyer with a certificate of resale under the following circumstances: A. The Planned Community contains no more than 12 units, provided there is no possibility of adding real estate or subdividing units to increase the size of the planned community. B. The Planned Community is one in which all of the units are restricted exclusively to non-residential use, unless the declaration provides that the resale provisions are nevertheless to be followed. C_ The Planned Community or units are located outside the Commonwealth of Pennsylvania. D. The transfer of the unit is a gratuitous transfer. E. The transfer of the unit is required by court order. F. The transfer of the unit is by the government or a governmental agency- G. The transfer of the unit is the result of foreclosure or in lieu of foreclosure. Notices Regarding Public Offering Statements and Right to Rescission If Seller is a Declarant of the condominium or planned community, Seller is required to furnish Buyer with a copy of the Public Offering Statement and its amendments. For condominiums, the delivery of the Public Offering Statement must be made no later than the date the buyer executes this Agreement. Buyer may cancel this Agreement within 15 days after receiving the Public Offering Statement and any amendments that materially and adversely affect Buyer. For planned communities, the Declarant must provide the Buyer with a copy of the Public Offering Statement and its amendments no later than the date the Buyer executes this Agreement. Buyer may cancel this Agreement within 7 days after receiving the Public Offering Statement and any amendments that materially and adversely affect Buyer. INFORMATION REGARDING THE REAL ESTATE SELLER DISCLOSURE LAW Generally speaking, the Real Estate Seller Disclosure Law requires that before an agreement of sale is signed, the seller in a residential real estate transfer must make certain disclosures regarding the property to potential buyers in a form defined by law. A residential real estate transfer is defined as a sale, exchange, installment sales contract, lease with an option to buy, grant or other transfer of an interest in real property where NOT LESS THAN ONE AND NOT MORE THAN FOUR RESIDENTIAL DWELLING UNITS are involved. The Law defines a number of exceptions, where the disclosures do not have to be made. L Transfers that are the result of a court order. 2. Transfers to a mortgage lender that result from a buyer's default and subsequent foreclosure sales that result from default. 3. Transfers from a co-owner to one or more other co-owners. 4. Transfers made to a spouse or a direct descendant. 5. Transfers between spouses that result from divorce, legal separation, or property settlement. 6. Transfers by a corporation, partnership or other association to its shareholders, partners or other equity owners as part of a plan of liquidation. 7. Transfer of a property to be demolished or converted to non-residential use. 8. Transfer of unimproved real property. 9. Transfers by a fiduciary during the administration of a decedent estate, guardianship, conservatorship or trust. 10. Transfers of new construction that has never been occupied when: a. The buyer has received a one-year warranty covering the construction; b. The building has been inspected for compliance with the applicable building code or, if none, a nationally recognized model building code; and c. A certificate of occupancy or a certificate of code compliance has been issued for the dwelling. In addition to these exceptions, disclosures for condominiums and cooperatives are limited to the seller's particular unit(s). Disclosures regarding common areas or facilities are not required, as those elements are already addressed in the laws that govern the resale of condominiums and cooperative interests. EXECUTION DATE All changes to the Agreement should be initialed and dated. The date of execution is the date when Buyer and Seller have indicated full acceptance of this Agreement by signing and/or initialing it. MEDIATION DISPUTE RESOLUTION SYSTEM RULES AND PROCEDURES .EPARED BY: THOMAS S. MITROS, BROKERIOWNER -2K - Standard Agreement For The Sale Of Real Estate, 01/02. Pennsylvania Association of REALTORSO WRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS@ 2002 a1FA$T® So WL, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS Page 19 of 21 fer(s) In' 'aIs Seller(s) itials ,(k)5 *?Vj 1. Agm -ment of Parties The Rules and Procedures of the Dispute Resolution System (DRS) apply when the parties have agreed in writing to mediate under DRS. The written agreement can be achieved by a standard clause in an agreement of sale, an addendum to an agreement of sale, or through a separate written agreement. 2. Initiation of Mediation If a dispute exists, any party may start the mediation process by submitting a completed Request to Initiate Mediation DRS Transmittal Form (Transmittal Form) to the local Association of REALTORSR (hereafter "Administrator"). The Transmittal Form should be available through the Administrator's office. The initiating party should try to include the following information when sending the completed Transmittal Form to the Administrator: a. A copy of the written agreement to mediate if there is one, OR a request by the initiating party to have the Administrator contact the other parties to the dispute to invite them to join the mediation process. b. The names, addresses and telephone numbers of the parties involved in the dispute, including the name of every insurance company known to have received notice ofthe dispute or claim and the corresponding file or claim number. C. A brief statement of the facts of the dispute and the damages or relief sought. 3. Selection of Mediator Within five days of receiving the completed Transmittal Form, the Administrator will send each party to the dispute a copy of the Transmittal Form and a list of qualified mediators and their fee schedules. Each parry then has ten days to review the list of mediators, cross off the name of any mediator to whom the party objects, and return the list to the Administrator. The Administrator will appoint the first available mediator who is acceptable to all parties involved. A mediator who has any financial or personal interest in the dispute or the results of the mediation cannot serve as mediator to that dispute, unles s all parties are informed and give their written consent. 4. Mediation Fees Mediation fees will be divided equally among the parties and will be paid before the mediation conference. The parties will follow the payment terms contained in the mediator's fee schedule. 5. Time and Place of Mediation Conference Within ten days of being appointed to the dispute, the mediator will contact the parties and set the date, time and place of the mediation conference. The mediator must give at least twenty days' advance notice to all parties. The mediation conference should not be more than sixty days from the mediator's appointment to the dispute. 6. Conduct of Mediation Conference The parties attending the mediation conference will be expected to: a. Have the authority to enter into and sign a binding settlement to the dispute. b. Produce all information required for the mediator to understand the issues of the dispute. The information may include relevant written materials, descriptions of witnesses and the content of their testimony. The mediator can require the parties to deliver written materials and information before the date of the mediation conference. The mediator presiding over the conference: a. Will impartially conduct an orderly settlement negotiation. b. Will help the parties define the matters in dispute and reach a mutually agreeable solution. C. Will have no authority to render an opinion, to bind the parties to his or her decision, or to force the parties to reach a settlement. Formal rules of evidence will not apply to the mediation conference. 7. Representation by Counsel Any party who intends to be accompanied to the mediation conference by legal counsel will notify the mediator and the other parties of the intent at least ten days before the conference. 8. Confidentiality No aspect of the mediation can be relied upon or introduced as evidence in any arbitration, judicial or other proceeding. This includes, but is not limited to, any opinions or suggestions made by any party regarding a possible settlement; any admissions made during the course of the mediation; any proposals or opinions expressed by the mediator; and any responses given by any party to opinions, suggestions, or proposals. No privilege will be affected by disclosures made in the course of the mediation. Transcripts or recordings of the mediation will not be allowed without the prior, written consent of all parties and the mediator. Records, reports, and other documents received or prepared by the mediator or Administrator cannot be compelled by an arbitration, judicial, or other proceeding, with the exception of an agreement that was reached in the course of mediation and signed by all the parties. tEPARED BY: THOMAS S. MITROS, BROKERIOWNER S-2K - Standard Agreement For The Sale Of Real Estate, 01102. Pennsylvania Association of REALTORS@ )PYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 :aIFA$TD..7 e, ©2005, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS ryer(s) I Page 20 of 21 \ ? Seller(s) nitials Ne_Ih--T the mediator nor the Administrator can be compelled to testify in any proceeding regarding information given or representations made either in the course of the mediation or in any confidential commumca_tion 9. Mediated Settlement When a dispute is resolved through mediation, the mediator will put the complete agreement in writing and all parties will sign the written agreement within ten days of the conclusion of the mediation conference. Every reasonable effort will be made to sign the written agreement at the end of the conference. 10. Judicial Proceedings and Immunity NEITI:ER THE ADMINISTRATOR, THE MEDIATOR, THE NATIONAL ASSOCIATION OF REALTORS9), THE PENNSYLVANIA ASSOCIATION OF REALTORS®, NOR ANY OF ITS MEMBER BOARDS, WILL BE DEEMED NECESSARY OR INDISPENSABLE PARTIES IN ANY JUDICIAL PROCEEDINGS RELATING TO MEDIATION UNDER THESE RULES AND PROCEDURES, NOR WILL ANY OF THEM SERVING UNDER THESE PROCEDURES BE LIABLE TO ANY PARTY FOR ANY ACT, ERROR OR OMI SSION IN CONNECTION WITH ANY SERVICE OR THE OPERATION OF THE HOME SELLERSMOME BUYERS DISPUTE RESOLUTION SYSTEM. :SPARED BY: THOMAS S. MITROS, BROKERIOWNER ;-2K - Standard Agreement For The Sale Of Real Estate, 01/02. Pennsylvania Association of REALTORSO IPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS 4D 2002 aIFA$T®So , ( 9P20D5, Version 6.16. Software Registered to: THOMAS S MITROS, REIMAX HOMEFINDERS yer(s) Inigals Page 21 of 21 j Seller(s) I itials IV) Dec 08 0.5 I1:13a hale real estate (717)532-5463 . ; POST-SETTLEMENT POSSESSION ADDENDU.-A TO POS AGREEMENT OF SALE This form recommended anddaapproved for, but not restricted to use by, members of the Pennsylvania Association of REALTORSS<K (PAR). PROPER'T'Y 13 ? - - S ?Z- SELLER BUYER(/ i l l 9? L. ` s 5 DATE OF AGREEMENT _ /;;? / Buyer gives Seller the right to continue to occupy the Property after settlement under the following terms and conditions: I . Vacating Date: Seller will vacate the Property on or before: a k ? I , ??nE_ 2. Occupancy Fee: Seller agrees to pay Buyer a 4W1yOccupancy Fee of S from the day ofsettlement to the date Sel ter vacates the Property. Seller shall pay the fee in as4nl?? i*MWWIm, in advance, sMifc S t7"dare€eaeh-mprrtir The fees shall be paid directly to Buyer, unless Buyer directs otherwise. A S}-" late fee will be char ed 'rf payment is received by Buyer after the day of each month. If Seller vacates before the Vacating Date, Buyer ? will ill not refimd any pre-paid fee. 3. Deposits: At settlement, Seller shall pay Buyer $ as a securityldamage deposit which will be held by Buyer until the Vacating Date. Within thirty (30) days of the Vacating Date, Buyer will refund the deposit, providing Seller is not in default of this Agreement. 4. Property Inspection: Buyer will inspect the Property within two days after Seller vacates the Property. 5, Utilities: Seller shall pay from settlement and through the Vacating Date operating and utility charges connected with the usr of the Property as follows: ? Electricity ? Garbage & trash collection ? Water ? Sewage ? Gas ? Snow removal 0 Lawn & shrubbery care ? 6. Pets: P5(s allowed on the Property after settlemer4 as follows 7. Maintenance!' Seiler agrees to maintain QW Property in its same condition as at the time of settlement, normal wear and tea excepted, and to abide by Buyer's rules of occupancy, if any, as attached to this Addendum. &. Changes to Property: Seller will not make any alterations or improvements to the Property, unless required by the terms of This Agreement of Sale or as otherwise weed to by Buyer in writing 9. Property Insurance. Buyer and Seller are advised to contact their insurer prior to signing this Addendum. A. Seller will obtain contents insurance and liability insurance coverage ofnot less than $ , naming Buyer acAdditional Insured. Buyer is advised to obtain fire, casualty, and liability insurance (including coverage for Seller's post-settlement occupancy) to pro- tect Buyer's interests in the Property as of the date of settlement. B. Buyer is not responsible for Seller's personal property or other items placed on the Property. 10. Entry: Buyer or Agent for Buyer may enter the Property at any time in the event of an emergency, otherwise on a weekly basis, with 24 hours' prior notice to Seller. 1 l . Seller's Default: The time for the performance of any of the obligations of this Addendum are hereby agreed to be of the essence. Should Seller violate or fail to perform under the terms of this Addendum: A. Seller will immediately vacate the Property and Buyer shall be entitled to immediate possession. Seller agrees that Buyer may institute pro- ceedings to recover possession without first giving Seller notice. S. Buyer has the option of retaining the security/damage deposit to apply to unpaid fees, damages, or other sums owed by Seller to Buyer_ C. In the event that Buyer institutes legal proceedings to recover sums due and owing under the terms of this Addendum or to have Seller removed from the Property, Seller shall pay to Buyer all costs that Buyer incurs as a result, including court costs and attorneys fees. 12. Assignment: Seiler may not assign Seller's rights under this Addendum or lease the Properly to any person(s) or entity. 13. Indemnification: Seller will indemnify and bold harmless BUYER, all BROKERS, their LICENSEES, EMPLOYEES, and any OFFICER or PARTNER of any one of them, and any other PERSON, FIRM, or CORPORATION who may be liable by or through them, from all claims, lawsuits, and actions that arise from, or occur during Seller's occupancy or use of the Property following settlement. Seller will defend Buyer from all such suits and claims, and pay Buyer's costs, including attorney's fees and damages awarded. 14. Conflict: The provisions of the Agreement of Sale shall remain in full force and effect except for those provisions that are changed by this Addendum. 15• Survival: This Addendum and related terms in the Agreement of Sale shall survive settlement. 'REPARED BY: THOMAS S. MITROB, BROKERIOWNER 20S, Post-SeltemeM Possession Addendum to Agreement of Sale, Blot. Pennsylvania Association of REALTORSO .OPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 1886 tealFAST® Software, 02006. V Ion ale. S(on?mre/re 'Registered to. Thomas S. Mitros, RE/MAX HOMEFINDERS 12/0610 19:1212 Page 1 of 2 V?'f DATE ! 1 'y ?• C? W2TNESS SEZI.ER i ti -fr, n,. r . Dec 09 05 t1:14a hale real estate (717)532-5463 CHANGE IN TERMS ADDENDUM TO AGREEMENT OF SALE This form recommended and approved for, but not restricted to use by, the members of the Pennsylvanis Aseoeixtion of REALTORSO (PAR). 1 PROPERTY t D BUYER (fQ? w? /1l kem r? sa CTA A iX?2S7- 4 DATE OF AGREEMENT 5 6 The following terms of the Agreement of Sale are changed as stated below: 7 8 1. SETTLEMENT DATE 9 Settlement date is changed from to to 11 2. PURCHASE PRICE 12 Purchase price is changed from $ -to $ 13 14 3. MORTGAGE AMOUNT 15 (A) First mortgage amount is changed from $ to $ _ 16 (B) Second mortgage amount is changed from $ to $ 17 18 4. MORTGAGE LENDER 19 (A) First mortgage lender is changed to - / i 20 (B) Second mortgage lender is changed to 21 (C) Buyer will submit a completed, written mortgage application to the identified tender(s) according to the terms of the 22 Mortgage Contingency paragraph of the Agreement of Sale on or before: 23 24 5. MORTGAGE COMMITMENT DATE 25 Mortgage commitment date is changed from ?c-- to 26 27 6. SELLER ASSIST 28 _vAKSeller Assist is changed to $ , or Vof the Purchase price, maximum, toward Buyers costs as 2 permitted by the mortgage lender, if any. 30 31 7. TIME PERI DS 32 (A) The time Paragraph , line o Agreement of Sale is changed to 33 (B) The time period in h , line of the A nt of Sale is changed to 34 (C) The time period in paragraph , line of the Agreement a is changed to 35 (D) The time period in paragraph of the Agreement of Sale is ed to 36 (E) The time period in paragraph , line of the Agreement of Sale is chang 37 (F) The time period in paragraph line of the Agreement of Sale is changed to 38 39 8. OTHER 40 -10 41 42 Alf other terms and conditions of the Agreement, including all other time periods, remain unchanged and in full force and 43 effect. 44 PREPARED SY: THOMAS S. t+AITROS, BROKER/OWiVER CTA. Penna*ania AssoclaWn of REALTORSO 09/05 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO2D05 ReaIFA$T® So%sre, 02005, Version 6.16. SoRwaM Registered to: Thomes S. Mitroa, RE/,4X HOMEFINDERS Buyer(s) Page 1 of 2 SeAer(s) Dec 00.05 11:14a /I ;., RITNESS ?, Zt/ 117 WITNESS hale real estate BUYER WITNESS ` CLl1) 'W SELLER WITNESS G'1L 7y SELLER PREPARED BY: THOMAS S. MITROS, BROKER/OWNER CTA. Pennsylvania Association of REALTORSO 09105 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS® 2005 Rea1FA$T® Software, C2005. Version a.16. Software Registered to: Thomas S. Mitroa, RE/MAX HOMEFINDERS (717)532-5463 DATE X, S Y'V v DATE r / DATE / 2 - -7- 0-<- DATE 2 ;' oC Page 2 of 2 ?, ' SHERIFF'S RETURN - REGULAR e . CASE NO: 2006-04935 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KEEN KEVIN J ET AL VS WORDEN MARK E ET AL SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon RE/MAX HOMEFINDERS INC the DEFENDANT , at 0017:05 HOURS, on the 1st day of September, 2006 at 115 EAST KING STREET SHIPPENSBURG, PA 17257 1f TTRT TTT IT T1Ar4f\T]V 1M1-t-VnMTnNTTQMN by handing to a true and attested copy of NOTICE COMPLIANT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 0194m4e Service 17.60 Affidavit .00 e Surcharge 10.00 R. Thomas Kline nn 45.60.E 09/07/2006 q' a ?aG RON TURO Sworn and Subscibed to By: before me this day e u y eriff of A. D. SHERIFF'S RETURN - REGULAR A . -. f CASE NO: 2006-04935 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KEEN KEVIN J ET AL VS WORDEN MARK E ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE HALE REAL ESTATE was served upon DEFENDANT the at 0016:50 HOURS, on the 6th day of September, 2006 at 14 WEST KING STREET SHIPPENSBURG, PA 17257 SUZANN BEAR (SECRETARY a true and attested copy of NOTICE COMPLAINT by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 R. Thomas Kline nn a Sworn and Subscibed to before me this day of , 09/07/2006 RON TURO By: t V, 17 e 156fdty Sheriff A.D. KEVIN J. KEEN and LINDSAY E. KEEN, Plaintiffs V. MARK E. WORDEN and DIANA L. WORDEN, RE/MAX HOMEFINDERS, INC. and HALE REAL ESTATE Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-4935 CIVIL TERM PLAINTIFFS' ANSWER TO DEFENDANTS WORDENS' NEW MATTER AND COUNTERCLAIM And now come Plaintiffs, Kevin J. Keen and Lindsay E. Keen, by and through their counsel, Turo Law Offices, and respectfully provides the foregoing Answer to the New Matter and Counterclaim of Defendants Mark E. Worden and Diana L. Worden (hereinafter °Wordens") 78. No answer required. 79. Admitted in part and denied in part. It is admitted that a Seller's Property Disclosure Statement signed by Defendant Wordens indicates that they had a running sump pump in the basement. Plaintiffs were never shown or given a copy of the Seller's Property Disclosure Statement until they reported having a water problem in the basement on January 25, 2006. Prior to this date, Plaintiffs did not know that such a document existed. 80. Admitted. 81. Admitted in part and denied in part. It is admitted that a Seller's Property Disclosure Statement signed by Defendant Wordens indicates that they were aware of water leakage, accumulation, or dampness in the basement. Plaintiffs were never shown or given a copy of the Seller's Property Disclosure Statement until they reported having a water problem in the basement on January 25, 2006. Prior to this date, Plaintiffs did not know that such a document existed. 82. Admitted in part and denied in part. It is admitted that a Seller's Property Disclosure Statement signed by Defendant Wordens indicates that they had some water in the basement during Hurricane Ivan (emphasis added). This averment implies that this statement put the Plaintiffs on notice that a water problem existed. Upon seeing the Seller's Property Disclosure Statement, Plaintiffs believed this to mean that water in the basement was a rarity and that the basement was generally dry. 83. Denied. After reasonable investigation Plaintiff is without sufficient knowledge or information to form a belief as to the truthfulness of this averment. 84. Admitted in part and denied in part. It is admitted that Page 12 of the Agreement of Sale indicates that Plaintiffs received a copy of the Seller's Property Disclosure Statement and that they initialed the page. This averment implies that Plaintiffs reviewed this provision, which Plaintiffs deny. Because of the manner in which the contract was presented, the Plaintiffs never saw this paragraph. Plaintiffs were rushed into initialing each page without any explanation or without the opportunity to read its provisions. Plaintiffs were also unable to review the Agreement after signing because a copy was not provided to them until February 2, 2006, long after settlement. 85. Admitted in part and denied in part. It is admitted that Page 12 of the Agreement of Sale indicates that Plaintiffs read and understood its norices and explanatory information and that Plaintiffs initialed the page. This averment implies that Plaintiffs reviewed this provision, which Plaintiffs deny. Because of the manner in which the contract was presented, the Plaintiffs never saw this paragraph. Plaintiffs were rushed into initialing each page without any explanation or without the opportunity to read its provisions. Plaintiffs were also unable to review the Agreement after signing because a copy was not provided to them until February 2, 2006, long after settlement. 86. Admitted in part and denied in part. It is admitted that Page 14 of the Agreement of Sale reads as quoted in this averment and that Plaintiffs initialed the page. This averment implies that Plaintiffs reviewed this provision, which Plaintiffs deny. Because of the manner in which the contract was presented, the Plaintiffs never saw this paragraph. Plaintiffs were rushed into initialing each page without any explanation or without the opportunity to read its provisions. Plaintiffs were also unable to review the Agreement after signing because a copy was not provided to them until February 2, 2006, long after settlement. 87. Admitted in part and denied in part. It is admitted that Pages 14 and 15 of the Agreement of Sale contain information concerning property inspections and that Plaintiffs initialed those pages. This averment implies that Plaintiffs reviewed this provision, which Plaintiffs deny. Because of the manner in which the contract was presented, the Plaintiffs never saw this information. Plaintiffs were rushed into initialing each page without any explanation or without the opportunity to read its provisions. Plaintiffs were also unable to review the Agreement after signing because a copy was not provided to them until February 2, 2006, long after settlement. 88. Admitted in part and denied in part. It is admitted that Plaintiffs initialed or signed all pages of the Agreement of Sale. This averment implies that Plaintiffs reviewed its provision, which Plaintiffs deny. Because of the manner in which the contract was presented, the Plaintiffs never saw this information. Plaintiffs were rushed into initialing each page without any explanation or without the opportunity to read its provisions. It is further denied that they received a copy of this Agreement prior to settlement, which was held on December 22, 2005. Plaintiffs were not given a copy of the Agreement of Sale until February 2, 2006, when a copy was provided by Defendant RE/MAX Homefinders, Inc. 89. Admitted in part and denied in part. It is admitted that Page 3 of the Agreement of Sale indicates that the Plaintiffs elect not to require a home inspection. This averment implies that Plaintiffs made an informed decision when making this election, which Plaintiffs deny. 90. Admitted. 91. Admitted. 92. Denied. After reasonable investigation Plaintiff is without sufficient knowledge or information to form a belief as to the truthfulness of this averment. By way of further answer, Plaintiffs did inquire of the Wordens' real estate agent, Mim Heisey, about the water spots and water leakage in the basement. Plaintiffs do not know if these concerns were ever communicated directly to the Wordens. 93. Admitted 94. Denied. After reasonable investigation Plaintiff is without sufficient knowledge or information to form a belief as to the truthfulness of this averment. 95. Denied. After reasonable investigation Plaintiff is without sufficient knowledge or information to form a belief as to the truthfulness of this averment. 96. Denied. After reasonable investigation Plaintiff is without sufficient knowledge or information to form a belief as to the truthfulness of this averment. 97. Denied. After reasonable investigation Plaintiff is without sufficient knowledge or information to form a belief as to the truthfulness of this averment. 98. Denied. After reasonable investigation Plaintiff is without sufficient knowledge or information to form a belief as to the truthfulness of this averment. 99. The averment in Paragraph 99 is a legal conclusion to which no response is required. By way of further answer, Plaintiffs allege that the actions or inactions of the Defendants were the sole and proximate cause of their injuries and damages. 100. The averment in Paragraph 100 is a legal conclusion to which no response is required. By way of further answer, Plaintiffs allege that the actions or inactions of the Defendants were the sole and proximate cause of their injuries and damages. 101. The averment in Paragraph 101 is a legal conclusion to which no response is required. By way of further answer, Plaintiffs allege that the actions or inactions of the Defendants were the sole and proximate cause of their injuries and damages. 102. The averment in Paragraph 102 is a legal conclusion to which no response is required. By way of further answer, Plaintiffs allege that the actions or inactions of the Defendants were the sole and proximate cause of their injuries and damages. 103. The averment in Paragraph 103 is a legal conclusion to which no response is required. By way of further answer, Plaintiffs allege that the actions or inactions of the Defendants were the sole and proximate cause of their injuries and damages. rr 104. The averment in Paragraph 104 is a legal conclusion to which no response is required. By way of further answer, Plaintiffs allege that the actions or inactions of the Defendants were the sole and proximate cause of their injuries and damages. 105-115. The averments contained in Paragraphs 105 through 115 are directed to the additional defendants and, therefore, no answer is required. To the extent that these averments are directed by inference to any alleged action and/or omission of the Plaintiffs, such averments are specifically denied. WHEREFORE, Plaintiffs request this Honorable Court to hold Defendants Mark E Worden and Diana L. Worden responsible for actual damages relating to the cost of fixing the basement, cost of suit, and such other damages that the Court find appropriate. 0 It' I 0(0 Date Respectfully Submitted TURO LAW OFFICES es M. Ro nson, Esquire Z outh Pi Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiffs VERIFICATION I verify that the statements made in the foregoing Plaintiffs Answer to Defendants Wordens' New Matter and Counterclaim is true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 1o -31-010 Date J,,-3La6 Date K vin J. een Lindday E.en CERTIFICATE OF SERVICE I, James M. Robinson, Esquire hereby certify that I served a true and correct copy of the Plaintiffs Answer to Defendants Wordens' New Matter and Counterclaim, by depositing same in the United States Mail, first class, postage pre-paid on the 6th day of November, 2006, from Carlisle, Pennsylvania, addressed as follows: Edward A. D. Schwartz, Esquire McKISSOCK & HOFFMAN, P.C. 2040 Linglestown Road, Suite 302 Harrisburg, PA 17110 Attorney for Defendant Hale Real Estate Douglas G. Miller, Esquire IRWIN & McKNIGHT 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendants Mark E. Worden and Diana L. Worden James L. Goldsmith, Esquire CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 Attorney for Defendant RE/MAX Homefinders, Inc. TURO LAW OFFICES F es M. Ro nson, Esquire outh Pit Street isle, PA 7013 (717) 245-9688; FAX 717.245.2165 ?a . :_.? ,-? ,= ? =-a ..? ? i? ;-:. ; ''?_ ?;., _, ? W.:? ? t . f ; ^} ?= _;,, KEVIN J. KEEN and LINDSAY E. KEEN, Plaintiffs V. MARK E. WORDEN and DIANA L. : WORDEN, RE/MAX HOMEFINDERS, INC. and HALE REAL ESTATE Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4935 CIVIL TERM PLAINTIFFS' ANSWER TO DEFENDANT RE/MAX HOMEFINDER'S NEW MATTER And now come Plaintiffs, Kevin J. Keen and Lindsay E. Keen, by and through their counsel, Turo Law Offices, and respectfully provides the foregoing Answer to the New Matter of Defendant RE/MAX Homefinders, Inc. (hereinafter "RE/MA)C) 63. The averment in Paragraph 64 is a legal conclusion to which no response is required. By way of further answer, Plaintiffs allege that the actions or inactions of the Defendants were the sole and proximate cause of their injuries and damages. 64. Denied. Plaintiffs were not given an opportunity to review the Agreement of Sale at the time they signed it, and a copy of the Agreement was not provided to them until February 2, 2006, well after settlement. 65. Denied. Plaintiffs looked at houses with another realtor, but home inspections were never discussed. 66. Admitted in part and denied in part. It is admitted that Plaintiffs looked at a house located on Chestnut Drive, Shippensburg, but it is denied that Plaintiffs ever considered submitting an offer on that house. 67. Denied. Michele Kane ordered an "unofficial" inspection of the property without informing the Plaintiffs' or even getting their prior approval or authorization. Plaintiffs were unaware of the inspection until December 2, 2005, when they received a telephone call from Kane telling them to meet the inspector at the property and to bring their checkbook. 68. Denied. The first offer was submitted on the Wordens' property on November 29, 2005, the second offer was submitted December 2, 2005, the same day the "informal" inspection occurred. 69. Denied. 70. Denied. Michele Kane was aggressive in selling the Wordens' house to the Plaintiffs. She never advised the Plaintiffs against purchasing the property or ever provided negative input to them. 71. Admitted in part and denied in part. It is admitted that Paragraph 14 of the Agreement of Sale reads as quoted in this averment and that Plaintiffs initialed the page. It is denied that the Plaintiffs ever reviewed this provision. Because of the manner in which Kane presented the contract, the Plaintiffs never saw this paragraph. Plaintiffs were rushed into initialing each page without any explanation or without the opportunity to read its provisions. Plaintiffs were also unable to review the Agreement after signing because a copy was never provided to them prior to settlement on December 22, 2005. 72. Admitted in part and denied in part. It is admitted that Page 3 of the Agreement of Sale reads as quoted in this averment and that Plaintiffs initialed the page. This averment implies that Plaintiffs reviewed this provision, which Plaintiffs deny. Because of the manner in which Kane presented the contract, the Plaintiffs never saw this paragraph. Plaintiffs were rushed into initialing each page without any explanation or without the opportunity to read its provisions. Plaintiffs were also unable to review the Agreement after signing because a copy was not provided to them until February 2, 2006, long after settlement. 73. Admitted in part and denied in part. It is admitted that Paragraph 26 on Page 11 of the Agreement of Sale reads as quoted in this averment and that Plaintiffs initialed the page. This averment implies that Plaintiffs reviewed this provision, which Plaintiffs deny. Because of the manner in which Kane presented the contract, the Plaintiffs never saw this paragraph. Plaintiffs were rushed into initialing each page without any explanation or without the opportunity to read its provisions. Plaintiffs were also unable to review the Agreement after signing because a copy was not provided to them until February 2, 2006, long after settlement. 74. Admitted in part and denied in part. It is admitted that the Post- Settlement Possession Addendum provides for the Buyer to inspect the property within two days after Seller vacates it. This averment implies that Plaintiffs knew of this provision prior to settlement and before Wordens vacated the property on December 29, 2005, which Plaintiffs deny. Although the Post-Settlement Possession Addendum is dated December 6, 2005, Plaintiffs did not see it or sign it until settlement on December 22, 2005, at which time it was placed before them with many other documents which they were told to sign. Plaintiffs were not given the opportunity to read its provisions and were not provided with a copy of this Addendum until this legal action was filed. 75. The averment in Paragraph 75 is a legal conclusion to which no response is required. By way of further answer, Plaintiffs allege that the actions or inactions of the Defendants were the sole and proximate cause of their injuries and damages. 76. Denied. Plaintiffs complained to Defendant RE/MAX Homefinders, Inc. immediately upon discovering the water problem on or about January 25, 2006. 77. Admitted. 78. Denied. After reasonable investigation Plaintiff is without sufficient knowledge or information to form a belief as to the truthfulness of this averment. 79. The averment in Paragraph 79 is a legal conclusion to which no response is required. By way of further answer, Plaintiffs allege that the actions or inactions of the Defendants were the sole and proximate cause of their injuries and damages. 80. The averment in Paragraph 80 is a legal conclusion to which no response is required. By way of further answer, Plaintiffs allege that the actions or inactions of the Defendants were the sole and proximate cause of their injuries and damages. 81. The averment in Paragraph 81 is a legal conclusion to which no response is required. By way of further answer, Plaintiffs allege that the actions or inactions of the Defendants were the sole and proximate cause of their injuries and damages. WHEREFORE, Plaintiffs request this Honorable Court to hold Defendant RE/MAX Homefinders, Inc. responsible for actual damages relating to the cost of fixing the basement, cost of suit, and such other damages that the Court find appropriate. Respectfully Submitted TURO LAW OFFICES Date J s M. Robison, Esquire 2 outh Pitt treet Carlisle, PA 1 013 (717) 245-9688 Attorney for Plaintiffs VERIFICATION I verify that the statements made in the foregoing Plaintiffs Answer to Defendant RE/MAX Homefinder's New Matter is true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. /0 -31-010 Date iU -:31-?? Date Kevin J. Keen Lindsay E. Ko CERTIFICATE OF SERVICE 1, James M. Robinson, Esquire hereby certify that I served a true and correct copy of the Plaintiffs Answer to Defendant RE/MAX Homefinder, Inc.'s New Matter, by depositing same in the United States Mail, first class, postage pre-paid on the 6th day of November, 2006, from Carlisle, Pennsylvania, addressed as follows: Edward A. D. Schwartz, Esquire McKISSOCK & HOFFMAN, P.C. 2040 Linglestown Road, Suite 302 Harrisburg, PA 17110 Attorney for Defendant Hale Real Estate Douglas G. Miller, Esquire IRWIN & McKNIGHT 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendants Mark E. Worden and Diana L. Worden James L. Goldsmith, Esquire CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 Attorney for Defendant RE/MAX Homefinders, Inc. TURO LAW OFFICES es M. R inson, Esquire South P' Street arlisle, P 17013 (717) 245-9688; FAX 717.245.2165 -? r`' ?-- ___ c.; , ? ss s _ r, , - - - ...,, _;- ? :'? i _?f C11 KEVIN J. KEEN and LINDSAY E. : IN THE COURT OF COMMON PLEAS OF KEEN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vi. NO. 06-4935 CIVIL TERM MARK E. WORDEN and DIANA L. WORDEN, RE/MAX HOMEFINDERS, INC. and HALE REAL ESTATE Defendants NOTICE TO PLEAD TO: Edwin A.D. Schwartz, Esquire McKissock & Hoffman, P.C. 2040 Linglestown Road, Suite 302 Harrisburg, PA 17110 YOU ARE HEREBY NOTIFIED that the Request for Admissions set forth herein contains averments to which you are required to respond within twenty (20) days after service thereof. Failure to do so by you may constitute an admission. Respectfully submitted, Date J m s M. Robison, Esquire T Law Offs s 28 South Pitt treet Carlisle, PA 17013 717-245-9688 Attorney for Plaintiffs KEVIN J. KEEN and LINDSAY E KEEN, Plaintiffs V. MARK E. WORDEN and DIANA L. WORDEN, RE/MAX HOMEFINDERS, INC. and HALE REAL ESTATE Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4935 CIVIL TERM REQUEST FOR ADMISSIONS Plaintiffs, Kevin J. Keen and Lindsay E. Keen, by and through their attorney, Turo Law Offices, request that Defendant Hale Real Estate admit or deny the following statements of fact. Please specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. 1. Mim Heisey (hereinafter, "Heisey"), agent of Defendant Hale Real Estate (hereinafter, "Hale") signed a Seller's Property Disclosure Statement regarding 110 Big Pond Road, Southampton Township, Cumberland County, Pennsylvania. 2. The Seller's Property Disclosure Statement indicates a water leak occurred in the basement during a hurricane in 2004. 3. When asked by Plaintiffs at a December 2005 viewing whether water leaked into the basement, Heisey did not inform Plaintiffs of the 2004 water leak. 4. At the December 2005 viewing, Heisey stated to Plaintiffs that "there has never been any water" in the basement. d1, V7 Date J4 s M. Robi son, Esquire T r Law Offi s 28 South Pitt treet Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiffs CERTIFICATE OF SERVICE AND NOW, this QL day of April, 2007, 1 hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U. S. Mail, first-class, postage pre-paid, at Carlisle, Pennsylvania, addressed to: Douglas G. Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 James L. Goldsmith, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Edwin A.D. Schwartz, Esquire McKissock & Hoffman, P.C. 2040 Linglestown Road, Suite 302 Harrisburg, PA 17110 TURO LAW OFFICES / - , .-V .--v. M. Ro inson, Esquire Vries outh Pi Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiffs Y CF, :.? N I A KEVIN J. KEEN and LINDSAY E. KEEN, Plaintiffs vi. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4935 CIVIL TERM MARK E. WORDEN and DIANA L. WORDEN, RE/MAX HOMEFINDERS, INC. and HALE REAL ESTATE Defendants NOTICE TO PLEAD TO: Douglas G. Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 YOU ARE HEREBY NOTIFIED that the Request for Admissions set forth herein contains averments to which you are required to respond within twenty (20) days after service thereof. Failure to do so by you may constitute an admission. Respectfully submitted, t '//a c'Zo Date a es M. Rob' son, Esquire ro Law Off es 28 South Pi Street Carlisle, PA 17013 717-245-9688 Attorney for Plaintiffs KEVIN J. KEEN and LINDSAY E. KEEN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MARK E. WORDEN and DIANA L. WORDEN, RE/MAX HOMEFINDERS, INC. and HALE REAL ESTATE Defendants NO. 06-4935 CIVIL TERM REQUEST FOR ADMISSIONS Plaintiffs, Kevin J. Keen and Lindsay E. Keen, by and through their attorney, Turo Law Offices, request that Defendants Mark E. Worden and Diana L. Worden admit or deny the following statements of fact. Please specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. 1. Defendants Mark E. Worden and Diana L. Worden (hereinafter "the Wordens"), when purchasing the property at 110 Big Pond Road, Southampton Township, Cumberland County, Pennsylvania (hereinafter, "the property") in 2004, were informed that the basement therein had a water leakage problem. 2. The Wordens received from their seller a discount on the purchase price of the property in exchange for their assumption of responsibility for repair of the basement water leakage problem. 3. The Wordens never repaired the basement water leakage problem. 4. The Wordens, in their Seller's Property Disclosure Statement, mentioned merely "some water in basement" had occurred during a hurricane, and did not indicate a general water leakage problem in the basement. 5. The Wordens at no point before the sale indicated to Plaintiffs, verbally or in writing, that a water leakage problem existed in the basement of the property. g/at 1 o-7 Date Jam s . Robin n, Esquire Tur w Office 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiffs CERTIFICATE OF SERVICE AND NOW, this ill. day of April, 2007, 1 hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U. S. Mail, first-class, postage pre-paid, at Carlisle, Pennsylvania, addressed to: Douglas G. Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 James L. Goldsmith, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Edwin A.D. Schwartz, Esquire McKissock & Hoffman, P.C. 2040 Linglestown Road, Suite 302 Harrisburg, PA 17110 TURO LAW OFFICES ?J es M. Ro nson, Esquire South Pi Street ?arlisle, P 17013 (717) 245-9688 Attorney for Plaintiffs n ? D n,s:. i? m ...,gy - ? ? .t - ? 7 ?T. ??., °t?-. ? ? ? ?J KEVIN J. KEEN and LINDSAY E. : IN THE COURT OF COMMON PLEAS OF KEEN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vi. NO. 06-4935 CIVIL TERM MARK E. WORDEN and DIANA L. WORDEN, RE/MAX HOMEFINDERS, INC. and HALE REAL ESTATE Defendants NOTICE TO PLEAD TO: James L. Goldsmith, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 YOU ARE HEREBY NOTIFIED that the Request for Admissions set forth herein contains averments to which you are required to respond within twenty (20) days after service thereof. Failure to do so by you may constitute an admission. Respectfully submitted, 4'd? 1 d--? W Date Ja M. Robi on, Esquire Tu Law Offi s 28 outh Pitt treet Carlisle, PA 17013 717-245-9688 Attorney for Plaintiffs i KEVIN J. KEEN and LINDSAY E. KEEN, Plaintiffs V. MARK E. WORDEN and DIANA L. WORDEN, RE/MAX HOMEFINDERS, INC. and HALE REAL ESTATE Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4935 CIVIL TERM REQUEST FOR ADMISSIONS Plaintiffs, Kevin J. Keen and Lindsay E. Keen, by and through their attorney, Turo Law Offices, request that Defendant Re/Max Homefinders, Inc., admit or deny the following statements of fact. Please specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. 1. Michele Kane (hereinafter "Kane"), Defendant Re/Max's agent, advised the Plaintiffs not to require a home inspection prior to purchasing the property at 110 Big Pond Road, Southampton Township, Cumberland County, Pennsylvania (hereinafter, "the property") 2. Kane obtained a Seller's Property Disclosure Statement from co- Defendants, Mark and Diana Worden, or their agent. 3. Kane did not provide to Plaintiffs the Seller's Property Disclosure Statement before they purchased the property. 4. Kane did not inform Plaintiffs of the contents of the Seller's Property Disclosure Statement before they purchased the property. 5. Kane did not arrange a walk-through of the property for Plaintiffs before they purchased the property. 6. Kane did not inform Plaintiffs that such a walk-through of the property is standard procedure in purchasing real estate through the brokerage. `4AS:?n?-/vjj Date Jam P. Robinso 28 S 4h Pitt Stre Carlisle, PA 1701 (717) 245-9688 Attorney for Plaintiffs Esquire CERTIFICATE OF SERVICE AND NOW, this A(, day of April, 2007, 1 hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U. S. Mail, first-class, postage pre-paid, at Carlisle, Pennsylvania, addressed to: James L. Goldsmith, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Douglas G. Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 Edwin A.D. Schwartz, Esquire McKissock & Hoffman, P.C. 2040 Linglestown Road, Suite 302 Harrisburg, PA 17110 TURO LAW OFFICES a es M. Ro inson, Esquire South Pi Street Slisle, PA 17013 (717) 245-9688 Attorney for Plaintiffs r-a :cM' KEVIN J. KEEN and LINDSAY E KEEN, Plaintiffs V. MARK E. WORDEN and DIANA L. WORDEN, RE/MAX HOMEFINDERS, INC. and HALE REAL ESTATE Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-4935 CIVIL TERM PLAINTIFFS' RESPONSE TO DEFENDANT HALE'S INTERROGATORIES And now come Plaintiffs, Kevin J. Keen and Lindsay E. Keen, by and through their counsel, Turo Law Offices, and respectfully provides the following Reply to the Interrogatories of Defendant Hale Real Estate. 1. Personal Information a. Kevin James Keen b. N/A C. Lindsay Elizabeth Keen; 10/16/2004, Shippensburg, Pa. d. 110 Big Pond Rd., Shippensburg, Pa.; 152 Timber Ln., Shippensburg, Pa.; 143 Timber Ln., Shippensburg, Pa. e. Seventh Grade Mathematics/Geography Teacher in Shippensburg School District, 317 Morris St., Shippensburg, Pa. f. 04/01/1977 g. 163-62-3613 h. N/A i. B.S.E.D., Shippensburg Univ.; Wilkes Univ., Middle Level Social Studies Certificate 7-9 Grade and Middle Level Mathematics Certificate 7-9 Grade 1. Personal Information a. Lindsay Elizabeth Keen b. Lindsay Elizabeth Gilbert C. Kevin James Keen; 10/16/2004, Shippensburg, Pa. d. 110 Big Pond Rd., Shippensburg, Pa.; 152 Timber Ln., Shippensburg, Pa.; 1216 Ritner Hwy., Shippensburg, Pa. e. Fourth Grade Teacher in Chambersburg Area School Dist., Stanley Ave., Chambersburg, Pa. f. 11/23/1979 g. 193-62-9220 h. N/A i. B.S.E.D., Shippensburg Univ.; Wilkes Univ. 2. Insurance a. Erie Insurance Group b. Lindsay E. Keen & Kevin Keen, Q602206783H C. Homeprotector Policy, Ultracover, currently 12/22/06 to 12/22/07 d. Replacement cost at time of loss 3. Expenses - (1) Cost of future repair of basement, (2) Cost of waterproofing, (3) Cost of water testing, (4) Attorney fees, (5) Inability to put items in our basement due to water on the walls, mold, and water on the floor 4. Witnesses a. Roxanne Hosfelt b. Ms. Hosfelt was the realtor who represented Robert E. and Sharon L. Knepper in their conveyance of the property to Defendants Mark and Diana Worden. 4. Witnesses a. Mike Green b. Mr. Green was the realtor who represented Defendants Mark and Diana Worden in their purchase of the property from Robert E. and Sharon L. Knepper. 4. Witnesses a. Tom Mitros b. Mr. Mitros is a Re/Max agent who visited the home and saw the water in the basement. 5. Statements a. Roxanne Hosfelt b. In writing at settlement of Knepper to Wordens and also spoken directly to the Wordens. C. George L. Ebener & Associates; Wordens' Home Settlement 6. Reports of Incident - No such documents exist at this time. This reply will be supplemented if and when additional information and documentation are received. 7. Demonstrative Evidence a. Photographs b. Various times c. Kevin & Lindsay Keen d. Water in the basement 8. Trial Preparation Materials a. B-Dry Waterproofing b. Waterproofing estimate 8. Trial Preparation Materials a. Penn-Mar Services, 122 Madison Ave., Waynesboro, PA 17268 b. Waterproofing estimate 8. Trial Preparation Materials a. David M. Peffer, 104 Bloserville Rd., Carlisle, Pa 17013 b. Waterproofing estimate 9. Trial Witnesses - Roxanne Hosfelt. Ms. Hosfelt was the realtor who represented Robert E. and Sharon L. Knepper in their conveyance of the property to Defendants Mark and Diana Worden. 9. Trial Witnesses - Mike Green. Mr. Green was the realtor who represented Defendants Mark and Diana Worden in their purchase of the property from Robert E. and Sharon L. Knepper. 10. Expert Witnesses - N/A. This reply will be supplemented if and when additional information and documentation are received. 11. Trial Exhibits - N/A. This reply will be supplemented if and when additional information and documentation are received. 12. Admissions - N/A. This reply will be supplemented if and when additional information and documentation are received. 13. Professional Contacts - (1). Mim Heisey met with the Plaintiffs at the property in question twice in November 2005 and again at the settlement in December 2005. Respectfully Submitted TURO LAW OFFICES aL Date Ja a M. Robin on, Esquire 28 uth Pitt St feet Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this a0 -day of April, 2007, 1 hereby certify that I have served a copy of the Reply to Interrogatories on the following by depositing a true and correct copy of the same in the U. S. Mail, first-class, postage pre-paid, at Carlisle, Pennsylvania, addressed to: Douglas G. Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 James L. Goldsmith, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Edwin A.D. Schwartz, Esquire McKissock & Hoffman, P.C. 2040 Linglestown Road, Suite 302 Harrisburg, PA 17110 TURO LAW OFFICES J es M. Ro inson, Esquire South Pi Street arlisle, P 17013 (717) 245-9688 Attorney for Plaintiffs O •m T r LJ - Y J? •^nw 4 «? KEVIN J. KEEN and LINDSAY E KEEN, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4935 CIVIL TERM MARK E. WORDEN and DIANA L. WORDEN, RE/MAX HOMEFINDERS, INC. and HALE REAL ESTATE, : CIVIL ACTION - LAW Defendants REPLY TO REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANT, RE/MAX HOMEFINDERS, INC. AND NOW come Plaintiffs, Kevin J. Keen and Lindsay E. Keen, by and through their counsel, Turo Law Offices, and respectfully provides the following Response to the Request for Production of Documents of Defendant Re/Max Homefinders, Inc. DOCUMENTS REQUESTED 1. The "Sellers Property Disclosure Statement" of Defendants Mark and Diana Worden is attached as Exhibit "A". The Agreement of Sale between Bob Knepper and Defendants Mark and Diana Worden is attached as Exhibit "B". The Settlement Statement of Plaintiffs is attached as Exhibit "C". The Standard Agreement for Sale of Real Estate between Defendants Mark and Diana Worden and Plaintiffs is attached as Exhibit "D". The "Wood Destroying Insect Inspection Report" is attached as Exhibit "E". Two facsimile correspondence documents from Defendant Re/Max agents and Thomas Mitros (February 5, 2006) Mike Green (February 22, 2006) are attached as Exhibits "F" and "G", respectively. 2. No such documents exist at this time. This reply will be supplemented if and when additional information and documentation are received. 3. A collection of photographs of water damage taken at the residence is attached as Exhibit "H". C7 ? F ^ ry L7'1 '`7 . C? `J r? ? - Feb 03 nE 12:09P hale real estate (717)532-5483 p.2 SELLER'S PROPERTY DISCLOSURE STATEMENT SPD This form recommended and approved for, but not restricted to use by, the members of the Pennsylvania Asssswation or REAL TORSI' (PARy Property Address \\Q_ n8 'N-c d Kt. t'1as 7 _ z 3 Seller } "cam At-iwl% 4 The Real Estate Seller Disclosure Law (68 P.S. §7301 et. seq.) requires that a seller of a property must disclose to a buyer all known 5 material defects about the property being sold that are not readily observable. While the Law requires certain disclosures, this diselo- e sure statement covers common topics beyond the basic requirements of the Law in an effort to assist sellers in complying with dis- 7 closure requirements and to assist buyers in evaluating the property being considered. Sellers who wish to see or use the basic dis- c closure form can find the form on the Web site of the Pennsylvania State Real Estate Commission. 9 This Statement discloses Sellers knowledge of the condition of the property as of the date signed by Seller and is not a substitute for 1o any inspections or warranties that Buyer may wish to obtain. This Statement is not a warranty of any kind by Seller or a warranty or it representation by any listing real estate broker, any selling real estate broker, or their licensees. Buyer is encouraged to address concerns 12 about the conditions of the property that may not be included in this Statement. This Statement does not relieve Seller of the obligation 13 to disclose a material defect that may not be addressed on this form. 14 A Material Defect is a problem with a residential real property or any portion of it that would have a significant adverse impact on the 1s value of the property or that involves an unreasonable risk to people on the property. The fact that a structural element, system or subsys- 16 tem is at or beyond the end of the normal useful life of such a structural element, system or subsystem is not by itself a material defect. 17 18 is . 3 4 5 6 7 tl 9 SO tl 1z 13 14 15 ;s SELLER'S EXPERTISE Seller does not possess expertise in contracting, engineering, architecture, environmental assessment or 17 other areas related to the construction and conditions of the property and its improvements, except as follows: is 2Q 2. OWNERSHIP/OCCUPANCY 21 (a) Is the property currently occupied? 41 Yes No If yes, by whom? Seller _Other occupants (tenants) 22 If property is not occupied, when was it last occupied? 23 (b) How long have you owned the property? \ ?40-_ 24 (e) Are you aware of any pets having lived in the house or other structures during your ownership? 'E- Yes J No n If yes, describe: \ 5sc?n jjcac 19 20 21 22 23 24 25 2s 27 (a) Date roof installed: CL Documented? --e Yes _ No - Unknown 27 26 (b) Has the roof been replaced or repaired during your ownership? ` Yes b1r No 28 29 If yes, was the existing roofing material removed? _ Yes ` No Unknown 29 30 (c) Has the roof ever leaked during your ownership`! _ Yes ?c No 30 31 (d) Are you aware of any problems with the roof, gutters, flashing or downspouts? ____ Yes % No 31 32 Explain any "yes" answers in this section, including the location and extent of any problem(s) and any repair or remediation efforts: 32 33 33 26 3. ROOF 34 4. BASEMENTS AND CRAWL SPACES (Complete only if applicable) 3s (a) Does the property have a sump pump? 'J5 Yes _ No ____ Unknown 36 If yes, has it ever run? -. Yes ____ No _ Unknown is it in working order? ____ Yes _ M) _ Unknown 37 (b) Are you aware of any water leakage, accumulation, or dampness within the basement or crawl space? W Yes _ No 38 (c) Do you know of any repairs or other attempts to control any water or dampness prublem in the baserent or cxawl space? _.__ Yes x No 39 Explain any "yes" answers in this section, Including the location and extent of any problem(s) and any repair or remediation efforts: 40 _ t?.i(Y.yLGy[?4 g„y 2VtJ"; 1Llri _3QOr nL AI06G_.41»o? 41 5. TERMITES/WOOD-DESTROYING INSECTS, DRYROT, PESTS 42 (a) Are you aware of any termites/wood-destroying insects, dryrot, or pests affecting the property? _ Yes k _ No 43 (b) Are you aware of any damage to the property caused by termites/wood-destroying insects, dryrK or pests? -_ Yes No 44 (c) Is your property currently under contract by a licensed pest control company? _____ Yes !:5 No 45 (d) Are you aware of any termite/pest control reports or treatments for the property? Yes ?r No 48 Explain any "yes" answers in this section, including the name of any service/treatment provider, if applicable: 47 48 6. STRUCTURAL ITEMS - - -- 49 (a) Are you aware of any past or present water leakage in the house or other structures? "e Yes No 50 (b) Are you aware of any past or present movement, shifting, deterioration, or other problems with walls, foundations, or other 51 structural components? - Yes ?< No $2 (c) Are you aware of any pest or present problem with driveways, walkways, patios, or retaining walls on the property?- Yes x No s3 (d) Is your property constructed with an Exterior Insulating Finishing System (EIFS), such as Dryvit or synthetic stucco? 64 Yes - No ? Unknown If yes, date installed, if known 55 (e) Are there any defects (including stains) in flooring or floor coverings? - Yes 4_ No - Unknown 56 (f) Are you aware of any fire, storm, water or ice damage to the property? , Yes _-j(- No s7 Explain any r`yes" answers in this section, Including the location and extent of any problem(s) and any repair or remediation efforts: 50 59 Buyer Initials: Date R A one AesoebaOM of 34 35 3S 37 38 39 46 41 42 43 44 45 46 47 48 49 so 51 52 53 54 ss 56 57 so SPD Page 1 of 5 Seller Initials: Q-4s&' Date 4,129 59 moron COPYRIGHT PL-NNMVAMA ASSOCIATION OF RRALTORSO 21144 G04 .t Feb 03 OG 12:11p hale real. Ostate (717)532-54x3 p•5 t84 (b) Flooding/Drainage ley 1) Is any part of this property located in a wetlands area or a FEMA flood zone? -Yes 'IC No Unknown ,se 2) Do you know of any pastor present drainage or flooding problems affecting the property? _ Yes x No 187 Explain any ",yes" answers in this section, including dates and extent of flooding: 19e iR (c) Boundaries 1917 1) Do you know of any encroachments, boundary line disputes, or easements affecting the property? Yes No 191 Note to Buyer: Most properties have easements running across them for utility services and other reasons. In many eases, the 19_ easements do not restrict the ordinary use of the property, and Seller may not be readi(v aware of them. Buyers may xdsh to 193 determine the existence of easements and restrictions by examining the properly and ordering an Abstract of Title or searching 144 the records in the Office of the Recorder oJ'Deedv for the county before entering into an agreement of sale. 155 2) Do you access the property from a private road or lane'? T Ycs ze No 196 If yes, do you have a recorded right of way or maintenance agreement? Yes No 197 3) Are you aware of any shared or common areas (e.g-, driveways, bridges, docks, walls, etc.) or maintenance,, agreements? 193 Yes 14 No 199 Explain any "yes" answers in this section: 200 :01 IT HAZARDOUS SUBSTANCES AND ENVIRONMENTAL ISSUES 202 (a) Are you aware of any underground tanks (other than home heating fuel or septic tanks disclosed above)? _ Yes d? No 203 (b) Are you aware of any past or present hazardous substances present on the property (structure or soil) such as, but not limited 204 to, asbestos or polychlorinated biphenyls (PCBs), etc,? _ Yes * No gas (c) Are you aware of sewage sludge (other than commercially available fertilizer products) being spread on the property, or have you 206 received written notice of sewage sludge being spread on an adjacent property? _ Yes 'A No 7e7 (d) Are you aware of any tests for mold, fungi, or indoor air quality in the property? __ Yes yt No Zoe (e) Other than general household cleaning, have you taken any efforts to control or rernediate mold or mold-like substances in the 209 property? _ Yes Y_ No 210 Note to Buyer: Individuals may be affected differently, or not at all, by mold contamination. 1f mold contamination or indoor air qual- 211 ity is a concern, buyers are encouraged to engage the services of a qualified professional to do testing. Infrmatioa on this issue is 212 available from the United States Environmental Protection Agency and may be obtained by contacting 1AQ INFO, PO. Box 37133, zis Washington, D,C. 20013-7133, 1-800-438-4318. 214 (f) Are you awarc of any dumping on the property? _ Yes ?c No 21s (g) Have you received written notice regarding the presence of an environmental hazard or biohazard on your property or any 216 adjacent property? - Yes of No 2t7 (h) Are you aware of any tests for radon gas that have been performed in any buildings on the property? Nes 'e No 218 If "yes," list date, type, and results of all tests below: 219 DATE TYPE OF TEST R.ESuLTS (picocuriestliter or working levels) NAmr•, or TESTING SERVICE 220 221 222 223 224 225 226 222 226 229 230 231 232 233 234 236 236 237 238 239 240 241 (i) Are you aware of any radon removal system on the property? _ Yes ;Y+ No If "yes," list date installed and type of system, and whether it is in working order below: DATE INSTALLED TYPE of SYSTEM PROVIDER WowaNC ORDLR? Yes No Y<s No (j) If property was constructed, or if construction began, before 1978, you must disclose any knowledge of lead-based paint on the property- Are you aware of any lead-based paint or lead-based paint hazards on the property? _ Yes Ne No If "yes," explain how you know of it, where it is, and the condition of those lead-based paint surfaces: (k) If property was constructed, or if construction began, before 1978, you must disclose any reports or records of lead-based paint or lead-based paint hazards on the property. Are you aware of any reports or records regarding lead-based paint or lead-based paint hazards on the property? _ Yes x No If "yes," list all available reports and records: (1) Are you aware of testing on the property for any other hazardous substances or environmental concerns ? _ Yes * No (m) Are you aware of of any other hazardous substances or environmental concerts that might impact upon the property? _ Yes • vic No Explain any "yes" answers in this section: 242 Buyer Initials: Date 86 14j g; ?R8 139 1W 141 19" 193 195 ls6 197 196 199 200 201 202 212 23A 21Y, 2116 2or 2rs 2tp9 2?0 2''Z 213 21: 215 216 2117 218 219 220 221 222 223 224 225 22S 222 226 22P 230 231 232 233 234 236 236 237 238 239 240 24t SFD Page 4 of 5 Seller Initials ?Datc - 241, rah o3 OG 12: 10p hale real estate (717)532-5463 p.4 121 13. HEATING SYSTEM 122 (a) Type(s) of heating fuel(s) (check all that apply): Electric Fuel Oil ` Natural Gas Propane 123 Coal _ Wood Other: ?ta? Pam„ t`,G,,}cc}\ 1 ccz. - 124 (b) Type(s) of heating system(s) (check all that apply): Forced Hot Air Hot Water Y- Heat Pump its Electric Baseboard _____ Steam Wood Stove (How many? --Coal Stove (How many? _- ) 126 _ Other: 177 (c) Age of Heating System- -Leer -Z- _ Unknown Date last serviced, if known 128 (d) Are there any fireplaces'? Yes yC No If "yes," how many? Are they working? _ Yes No 129 (e) Are there any chimneys (from a fireplace, water heater or any other heating system)? _ Yes No 139 if "yes," how many?_ When were they last cleaned? Unknown 131 Are they working'? _ Yes , No if "no," explain: 132 (f) List any areas of the house that are not heated:Ga-- ? - 133 (g) Are you aware of any heating fuel tanks on the property`? Yes w No 134 Location(s), including underground tank(s)- 135 If you do not own the tanks, explain: 136 Are you aware of any problems or repairs needed regarding any item in this section? Yes xC No tat If "yes," explain: 134 14. ELECTRICAL SYSTEM 146 (a) Type of Electrical System: _ Fuses NI( Circuit Breakers How Many Amps? ?-CC> Unknown Al (b) Are you aware of any knob and tube wiring in the home? _Yes No 142 Are you aware of any problems or repairs needed in the electrical system? Yes 'I'*- No 143 if "eyes," explain' 144 15. OTHER EQUIPMENT AND APPLIANCES 145 This section must be completed for each item that will, or may, be sold with the property. The fact that an item is listed does 146 not mean it is included in the Agreement of Sale. Terms of the Agreement of Sale negotiated between Buyer and Seller will 147 determine which items, if any, are included in the purchase of the Property. 148 (a) Electric Garage Door Opener Number of Transmitters ;& Keyless Entry _ 149 (b) Smoke Detectors How many?_ Location(s) ,5E1 (c) T Security Alarm System Owned Leased (Lease Information Is, (d) Lawn Sprinkler(s) How many? Automatic Timer 152 (e) Swimming Pool T Hot Tub/Spa Pool/Spa Heater ^ Pool/Spa Cover _ Whirlpool/Tuh 163 Pool/Spa Equipment and Accessories (list): _ 154 (f) _?L_ Refrigerator(s) y Range/Oven _ Microwave Oven x Dishwasher _ Trash Compactor Ise Garbage Disposal , Chest Freezer _ Washer _ Dryer _ Intercom 156 (g) x Ceiling Fan(s) How many? Z Location(s) ?v+?VwRsn. ?l?PS[4.C?c?w _ 157 (h) Awnings _Attic Fan(s) Satellite Dish ____ Storage Shed - Deck s) Electric Animal Fence 156 (i) Other: 159 Are you aware of any problems or repairs needed regarding any item in this section? Yes _ No t6a If "yes," explain: 1st 16- LAND (SOILS, DRAINAGE, FLOODING AND BOUNDARIES) 162 (a) Land/Soils 183 1) Are you aware of any fill or expansive soil on the property? _ Yes _6. No 164 2) Are you aware of any sliding, settling, earth movement, upheaval, subsidence, or earth stability problems that have 165 occurred on or affect the property? _ Yes * No 166 3) Are you aware of any existing, past or proposed mining, strip-mining, or any other excavations that might affect this 167 property? + Yes >e No 168 Note t0 Buyer: The property may be subject to mine subsidence damage. Maps of the counties and mines where mine subsidence 169 damage may occur and mine sulxrdence insurance are available through: Department of i nvironmenW Protection, Mine Subsi- 170 dence Insurance Fund, 25 Technology Drive, California Technology Park, Coal Center, PA 15423 (800) 922-1678 (within 171 Pennsylvania) or (724) 769-1100 (outside Pennsylvania). 172 4) Is the property, or a portion of it, preferentially assessed for tax purposes, or subject to limited development rights? 173 _Yes 4 No If "yeg", check all that apply below: 174 + Farmland and Forest Land Assessment Act - 72 P.S.§5490.1 et seq. (Clean and Green Program) 176 _ Open Space Act - 16 P.S. §11941 et seq_ 176 Agricultural Area Security Law - 3 P.S. §901 et seq. (Development Rights) 177 Other 179 Note to Buyer. Pennsylvania has enacted the Right to Farm Act (3 P.S. § 951-957) in an effort to limit the circunrstaneer under 179 which agricultural operations may be subject to nuisance suits or ordinances. Buyers are eneciuraged to investigate whether any 18o agricultural operations covered by the Act operate in the vicinity o('the property. 181 Explain any "yes" answers in this section: 1`7 :,8 =s 1a 1;es ;as ? 1 ?< t;?u : V1 Y r?? 14? f if 1;1 1s t F6 1r.> <;8 r?s 169 t51 tsa 16Ci 1w1 ;F6 1hi` t69 iGS 178 171 1 "1 1'it 1'75 176 1:>3 178 179 169 10 182 162 183 Buyer Initials: Date SPD Page 3 of 5 Seller lnitials:Zy-'sA LW _ Date 183 Feb 03 06 12•10p hale real estate (717)532-5463 p.3 so 7. ADDITION&REMODELS Have you made any additiottti, stn1cftwAl changes, or other aheratioos to the property? , Yc:; K No et if "yes," describe: as 8. WATER SUPPLY na (a) What is the source of your drinking water'? Public Water Well on Property _ Community Water h5 __ None Other (explain): ,s (b) When was your water last tested? Test results: s7 If your drinking water source is not public, is the pumping system in working order'? ?C Yes ^ No sa if "no," explain:_ ?. _ 59 (c) Do you have a softener, filter, or other treatment system? - Yes Ne No 70 If you do not own the system, explain: 71 (d) Have you ever had a problem with your water supply? ^Yes 11? No 72 (e) Has your well ever run dry? - Yes Y No Not Applicable (t) Is there a well on the property not used as the primary source of drinking water? Yes ><- No ra !f yes, is the well capped? Yes No 75 (g) Is the water system shared'? Yes ?e No ?e (h) Are you aware of any leaks or other problems, past or present, relating to the water supply, pumping system, and related items? 77 Yes 'X_ No 7c Explain any "yes" answers in this section, including the location and extent of any problem(s) and any repair or remediation efforts: 79 so 9. SEWAGE SYSTEM et (a) What is the type of sewage system? Public Sewer _V__ Individual On-lot Sewage Disposal System V Individual On-lot Sewage Disposal System in Proximity to Well Community Sewage Disposal System B3 _ _Ten-acre Permit Exemption Holding Tank _ None None Available/Permit Limitations in Effect ea _ !Other type of sewage system (explain): 96 (b) If Individual On-lot sewage system, what ty 01 Cesspool ` Drainfield Unknown at _ Other (Specify): rat?ds?c, sa (c) _ _ Are there any septic tanks on the Property? _ Yes No Unknown 89 If "yes," what type of rank(s)? Mctal/steel Cement/concrete Fiberglass Unknown PA) + _ ` _Other (specify): 91 (d) When was the on-site sewage disposal system last serviced? 9Q (e) Are there any sewage pumps located on the property:' K Yes No 93 if yes, type(s) of pump(s) Are pump(s) in working order? Yes No _ Who is responsible for maintenance of sewage pumps? _ ss (f) is the sewage system shared? Yes X No 9E (g) ^ Are you aware of any past or present leaks, backups, or other problems relating to the sewage system and related items? 97 _Yes >e No 98 Explain any "yes" answers in this section, including the location and extent of any problem(s) and any repair or remediation efforts: 55 too 10 . PLUMBING SYSTEM tot (a) 'type of plumbing (check all that apply): •` Copper Galvanized Lead PVC Polybutytettc pipe (I'll) toe _ i _ Mixed Unknown _Other (explain): to-, (b) Are you aware of any problems with any of your plumbing fixtures (e.g., including but not limited to: kitchen, laundry, or bath- ura room fixtures; wet bars; etc.)? Yes No to,; ____ If "yes," explain: toe 11. _ DOMESTIC WATER HEATING 107 (a) Type of water heating: Electric Natural Gas ____ Fuel Oil _ Propane i Solar i Sun]mer/Winter Hook-Up 108 Other (explain): toe (b) Are you aware of any pt ems! with any water heater or related equipment? _ Yes -u-- No 110 If "yes," explain: 111 12. AIR CONDITIONING SYSTEM tta (a) Type of air conditioning: ',oe Central Air ! Wall Units _ Window Units ? None 113 Other (explain): t14 Number of window units included in sale Location(s) Its (b) _ Age of Central Air Conditioning System: 2g7-L Unknown Date last serviced, if known tts (c) List any areas of the house that are not air conditioned: C-eAmgke ??_ - 117 118 (d) Are you aware of any problems with any item in this section? Yes W No 119 If "yes," explain: R 62 53 54 F5 66 57 ba &9 to 74 15 zC 77 78 19 se e: 82 as a: as ?6 87 as t.1 ^>o at 92 93 Pd 9s 9R 97 N 99 ,ci, 101 102 10 194 rU5 log W Toe IQ9 11U ttt 11z 113 114 115 116 11b 119 120 Buyer Initials: Date SPD Page 2 of 5 Seller Initials'2am Akj/ Date r 120 i Feb 03 06 12:12P hale real estate (717)532-5463 I° 6 24318. CONDOMINIUMS AND OTHER HOMEOWNER ASSOCIATIONS (Complete orilY if applicable) 244 Type- Condominium _ Cooperative _ Homeowner Association or Planned Community t, gas Other. 246 Notice regarding Condominiums, Cooperatives, and Planned Contnrunities. A buyer of a resale unit in a condominium, c•oopera- 247 tive, or planned community must receive a copy (Y 'the declaration (other than the plats and plans), lire kv-lows, 1,ie rules or regula- 246 tions, and a certificate of resale issued by the association in the condominium, cooperative, or planned com- 249 munity. Buyers may, be responsible for capital contributioav, initiation fees or similar one-time fees in addition to regular monthly 250 maintenance fees. The buyer will have the option ofcanceling the agreement with. the return of all deposit monies until the certiykate 251 has been provided to the buyer and for five days thereafter or until conveyance, whichever occurs v-st. 2s219. MISCELLANEOUS 263 (a) Are you aware of any historic preservation restriction or ordinance or archeological designation associated with the property? 253 Yes 't No 255 (b) Are you aware of any existing or threatened legal action affecting the property? _ Yes 3( No 256 (c) Are you aware of any violations of federal, state, or local laws or regulations relating to this property? _ "es )? No 251, (d) Are you aware of any public improvement, condominium or homeowner association assessments against the property that remain 259 unpaid or of any violations of zoning, housing, building, safety or fire ordinances that remain uncorrected? _ _ Yes X No 259 (e) Are you aware of any judgment, encumbrance, lien (for example, co-maker or equity loan), overdue payment on a support obli- 260 gation, or other debt against this property that cannot be satisfied by the proceeds of this sale? _ Yes _Y No 261 (t) Are you awarc of any reason, including a defect in title, that would prevent you from giving a warranty deed or conveying title, to the 262 property? _ Yes "Y No 263 (g) Are you aware of any insurance claims filed relating to the property'? Yes No 28a (h) Are you aware of any material defects to the property, dwelling, or Fixtures which are not disclosed elsewhere on this form? 265 Yes ,` No 266 A material defect is a problem with a residential real property or any portion of it that would have a significant adverse impact 267 on the value of the property or that involves an unreasonable risk to people on the property. The fact that a structural element, 268 system or subsystem is at or beyond the end of the normal useful life of such a structural element, system or subsystem is not by 269 itself a material defect 27o Explain any "yes" answers In this section: 271 272 The undersigned Seller represents that the information set forth in this disclosure statement is accurate and complete to the best 27a of Seller's knowledge. Seller hereby authorizes the Listing Broker to provide this information to prospective buyers of the prop- 274 erty and to other real estate licensees. SELLER ALONE IS RESPONSIBLE FOR THE ACCURACY OFTHE INFORMATION 275 CONTAINED IN THIS STATEMENT. Seller shall cause Buyer to be notified in writing of any information suppli.;d on this form 276 which is rendered inaccurate by a416&- change in the condition of the property following c pletion of this form. , M W ITNESS_ j_ l _ f? hu SELLER DATE z7e WITNESS to 4V f7 SELLER 1?-- DATE a oz 279 WITNESS SELLER DATE 280 281 281, 283 284 285 286 287 188 269 230 291 292 EXECUTOR, ADMINISTRATOR, TRUSTEE SIGNATURE BLOCK DATE RF,CEIPT AND ACKNOWLEDGEMENT BY BUYER The undersigned Buyer acknowledges receipt of this Disclosure Statement. Buyer acknowledges that this Statement is not a warranty and that, unless stated otherwise in the sales contract, Buyer is purchasing this property in its present condition. It is Buyer's responsibility to satisfy himself or herself as to the condition of the property. Buyer may request that the property be inspected, at Buyer's expense and by qualified professionals, to determine the condition of the structure or its components. WITNESS BUYER DATE _ WITNESS BUYER DATE W TPN ESS BUYER DATE z4s .w 24? 24a 2:9 ?50 251 252 . 253 254 255 256 257 258 259 M) 261 1.62 263 264 265 266 267 2b8 269 270 271 Z72 273 274 275 276 277 278 279 289 281 202 283 284 2$ Z36 N7 288 289 X90 741 292 293 SPO Page 5 of 5 M . V f tor, out nut rc. h'uYVU L? u:. u , tht umwb?n' u( IlW Feb 22 - 2006' 10 : 544I',,mnr J,ufll:l A.,ZU6UUV11 ul tll_AI ?V o 6 0 4 3'KI. I 2 ??•??-??????REMAX - y SELLER'S BUSINESS JO1 ATION$.#IP WITH PA LICENSED BROKER__.., BROKER (Company) PHONE . ADDRESS 1 - FAX _..,_ BROKER IS THE AGENT FOR SELLER. Designated A ent(s) for Seller, if a pllcable: %•?_ :':.... , ,;,., "- OR Broker Is NOT the Agent for Seller and is a/ant ? AGENT FOR BUYF,R D TRANSACTION LICENSEE BU F,R'S BUSINE S REI.ATIONSHV WITH PA LICENSED BROKER J BROKER (Company) f. y r?_ ; % ; •r L ?i , r. PHONE ADDRESS FAX `.1 0/Z/ BROKER IS THE AGENT FOR BUYER. Designated Agent(s) for Buyer, if applicable: OR Broker Is NOT the Agent for Buyer and Is a/an: [3 AGENT FOR SELLER ? SUBAGENT FOR SELLER ? TRAWACTION LICENSEE When the same Broker Is Agent for Seller and Agent for Buyer, broker to a Dual Agent. All of Broker's licensees are also Dual Agents UNLESS there are separate Designated Agents for Buyer and Seller. It the same Licensee is designated for Seller and Buyer, the Licensee Is a Dual Agent, I. 19biggreetrie, dated SELLER(S): , to between _ , called "Seller," and BUYER(S). 2, PROPERTY (1-98) Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: ALL THAT CERTAIN l9,or piece or Vound'with *14*gs and improvements thereon erected, It any, known as: , called "Buyer." 1 - in the L. Of 44- ,- , 4=4 , County of ??; 1.:•? - t? yi In the Cot monwealth of Pennsylvania, Zip ode ./ 7.1 : Identification (e.g., Tax ID a; Parcel #; Lot, Block; Dead Book, Page, Recording Date) 3. TERMS (1-02) (A) Purchase Price ?r'/? '?' r' f -,. f`" _J ?? /s•:.i''L.J,%Y _• _/ i jig, ?. _ - ;if t.. U.S. Dollars which will be paid to Seller by Buyer as follows: 1. Caah or check at signing this Agretmcnu $ '•_'%'-? t'l ?, 2. Cash or check within days of the execution of this Agreement: $ 3. $ .4, Cash, cashier's or certified check at dme of settlemene $ / ? =? TOTAL $ e) 0 Deposits paid on account of purchase price to be held by Broker for Seller, unless otherwise stated here; Seller's written approval to be on of before: _J Scttirnlcnt to he on (E) Conveyance from Seller will b:, by fee simple deed of special warranty unless otherwise stated here: or before if Buyer and Seller agree. (M Payment of n•ansrer taxes will be divided equally betw=n Buyer and Seller unless otherwise stated here; 10) At lime of settlement, the following will be adjusted pro-rata on a duily basis between Buyer and Seller, reimbursing where applicable: taxes (see Information Regarding Tax Proration); rents: interest on mortgage assumptions; condominium fees and homeowner uasociation fees, if any; water and/or sewer fees, if tiny, together with any other lienable municipal service. The charges arc 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, ineludin&piumbing; heating; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers and transmitters; television antonnas; shrubbery, plantings and unpottcd trees; any remaining hcadng and cooking fuels stored on the Property at the time of settlement; wall to wall carpeting; window covering h.,#warr .shades lend blinds; built-in air conditioners; built-in appliances; and the range/oven unless otherwise stated. Also included: v (B) LEASED items (not owned by Seller): 1It t? t! tG t? •.a zl ac x? ar S;; N -xs e: V Yf s, Tn hP -t i -d 2. •Its ? r 49 rn Et ,ice !i5 6 7 sa 4t zy 4a tr ?1t J? S? ga 54 5fi _; sa 54 (C) EXCLUDED fixtures and items: 5, DAT'ESMME IS OF THE ESSENCE (1-02) (A) The said date for settlement and all other dates and times referred to for the performance of any of the obligations of this Agreement are agreed to be of the cMsence of this Agreement and are binding. ('B) For the purpose, of this Agreement, number of days will be counted from the date of execution, by excluding the day this Agreement was executed and incloding the last day of the time period. (C) The date of yettlemenr is not extended by any other provision of this Agreement and may only be extended by mutual written agreement of the parties. (Dj Gcttuin 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 b etriking out the pre-printed text and inserting a different time period acceptable to all parties. Buyer Initials: ? 1 A/S-2K Page 1 of 6 Seller Initials: ' L ?' Pennsyylvaels AsaWaUnn of COPYRIGHT PENNSYLVANIA ASSOCIATION OF RBALTOR6® 2002 REALTORS® 01102 e1 F e b- 2 2. 2 0 0 6 E 0 5 5 AM, is N(R C M N Xngcnt on mortgage financing. Pd o• 6 0 4 3 P. 3 W Ef ELECTED f e3 (A) This sale iv contingent upon Buyer ohtiining mortgage financing an follows: rn 1. Amount of mortgage loam r? ??CT p LCJJ 2. Minimum Term ears / t 66 3. Type of mortgage ..` 1 t 5'' 4. Interest rate :?. °)o; however, Buyer reel to accept the lntorest rate as may be committed by the mortgage lender, not to c 6a exceed a maximum interest rate of 61 S. Dieteount points, luun origination, loan placement and other fees charged by the lender as a percentage of the mortgage loan (excluding s D any mortguge insurance premiums or VA funding fee) not to exceed % (096 if not specified) of the mortgage loan. I .?, The interc,a rate and fees provisions required by buyer are satisfied if a mortgage lender makes available to Buycr the right to guarunlee an ? 77, interest rate at or W, ow the Maximum Interest Rate specified herein. with the percentage fees at or below the amount specifies/ herein. Buyer 7 72 gives Seller the right, at Seller's sole option and as permitted by the mortgage lender Paid applicable laws, to contribute financially, without 74 promise of reimbursement, to the. Bayer and/or the mortgugo lender to make the above terms available to Buyer_ 7 76 (B) Within DAYS (10 days if not specified) of the execution of this Agreement:, Buyer will make a completed, written mortgage application 7. 76 for the mortgage terms specified above to a responsible mortgage lender, The Broker for Buyer, If any, otherwise the Broker for Seller, is 7 tt authorized to communicate with the mortgage tender for a purposes of asslathig in the mortgage loan process, 7 is (C) 1. Mortgage eommitmont date / If a written commitment is not received by Seller by the above date, Buyer r: and Seller agree to extend the mortgage commitment date until Seller terminates this Agreement het writing by notice to Buyer. •r Bn 2. Upon receipt of a mortgage commitment, Buyer will promptly deliver a copy of the commitment to Seller. d 41 3. Seller has the option to terminate this Agreement in writing, after the mortgage commitment date if the mortgage commitment: s ?t a. Is not valid until [he date of settlement, OR :r 33 b. Is conditioned upon the sale and settlement of any other property, OR u'. P c. Contains any other condition not specified in this Agreement that is not satisfied and/or removed in writing by the mortgage lender n, W within 7 DAYS after the mortgage commitment date in paragraph 6 (C) (i). ir' as Ai. If this Agreement is temlinated as specified in paragraphs 6 (C) (1) or (3), or the mortgage loan is not obtained for settlement, all deposit monies 8t s? paid on accuuttt of purchase price will be returned to Buyer. Buyer will be responsible for any premiums for mechanics' lien Insurance and/or 1,7 no title soarch, or ice for cancellation of same, if any; AND/OR any prenliurns for flood insurance, mine subsidence insurance and/or fire incur- in oe ante with extended coverage, or cancellation fee, if any; AND/OR any appraisal fees and chargts paid in advance to the mortgage lender. ss 90 (D) If the mortgage lender requires repairs to the Property, Buyer will, upon receipt, deliver a copy of the mortgage lender's requirements to Seller.. K 01 Seller will, within __J__ DAYS of receipt of the mortgage lender's requirements, notify Buyer whether Seller will make the required repairs, dt s;2 at Seller's expense, tit sn1 1. 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 :1:3 sn Agreement. 94 JS 2. If Seller chooses not to rrn kc the required repairs, or it Seller fails to respond within the time given, Buyer will, within _5 DAYS, 05 96 notify Seller in writing of Buyer's choice to terminate this Agreement OR inake the required repairs at Buyer's expense and with Seller's 9G 97 permission, which will not be unreasonably withheld. If Seiler denies Buyer permission to make the required repairs, Buyer may, within 97 , 5 DAYS of Seller's denial, terminate this Agreement, in which case all deposit monies paid on account of purchase price will be , 9s re urned promptly to Buyer and this Agreemtnt will be VOID. = 193 (E) Se .Ut 1311 los NOT APPLICABLE laz I:] APPLICABLE. Seller will pay: tun 103 0 $ , maximum, toward Buyer's costs as permitted by the mortgage lender. i03 194 Fl 104 156 FHA/VA, IF APPLICABLE nM IM (F) It is expressly agreed that, notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the purchase of the vni 107 Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unleas Buyer has been given, in accor- 'o' 10H dance with HUD/Fl4A or VA requimmcnts, a writtca statement by the Federal Housing Conunissioner, Veterans Administration, or a Direct suit 1it11 Endorsement Lander setting forth the appraised value of the Property of not less than $ (the dollar tuinount to be ion 110 inserted is die salts price as stntcd in this, Agreement). Buyer will have the privilege and option of proceeding with consummation of the con- r! ? 111 tract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the M Department of Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the property. Buyer should i r: satisfy himself/herself that the price and condition of the Property are acceptable. tt:, 114 Warning: Section 1010 of We 18, U.S.C., Department of Housing and Urban Devtlupment and Federal Housing Administration r;n 1,15 Transactions, provides, "Whoever for the Purpose of .. , influencing in any way the action of such Department, makes, passes, utters or pub- nv lto lishes any statement, knowing the same to be false ....hall be fined under this title or imprisoned not more than two years, or both." 1(6 117 (0) U.S. Department of Housing and Urban Development (HUD) NOTICE TO PURCHASERS, Buyer's Acknowledgement 1 E3 Buyer has received the HUD Notice "For Your Protection: Get a Home Inspection" (See Notices and Information on Property Condition n s 11L Inspections). Buyer understands the importance of getting an independent home inspection and has thought about this before signing this 1"9 l?n Agreement. 1 z: t,t1 Buyer's Inltlals Date t•at 122 (H) Certification We the undersigned, Sellcr(s) and Buyer(s) party to this transaction each certify that the terms of this contract for purchase arc z' 122 true to the bent of our knuwletigu and belief, and that any other agreement entered into by any of these parties in connection with this transac- 123 124 Lion is attached to this Agreement. ;24 t25 7. INSPECTIONS (1-02) t2s 120 (A) Seller agrees to permit inspections by authorized appraisers, reputable certifiers, insurer's representatives, surveyors, municipal officials and/or stn t2I Buyer us may be required by the mortgage tender, if tiny, or insuring agencies. Seller further agrees to pennit any other inspections required by ire raa or provided for in the terms of this Agreement. Buver has the right to artend At) insnectinnt ^? To be cant hued 3. z:r (B) Buyer reserve; the right to make a prc-settlement walk-through inspoction of the Propeny. Buyer's tight to make this inapcction is nut waived 129 1su by any other provision of this Agreement. M 1 1 (C) Seller will have heating and all utilities (including fuel(s)) on for the inspections. I ; M (D) All inspectors, including home inspectors, are authori2ed by Buyer to provide a copy of any reports to Broker for Buyer. !3i 133 8. PROPERTY INSPECTION CONTINGENCY (1.02) 13y !34 Og`r provisions of this Agreement may provide for inspections and/or certifications that are not waived or altered by Buyer's election here. El Is t 135 WANED. Buyer understands that Buyer has the option to request inspections of the Property (see Property Inspection Notices and is 156 Environmental Notices). BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement. 136 t3° I] ELECTED 137 IM (A) Within DAYS (15 days if not specified) of the execution of thia Agreement, Buyer, at Buyer's expense, may choose to have inspec- 136 1,19 lions und/or certifications completed by licensed or otherwist qualifiod professionals (see Property Inspection Notices and Environmental ray 140 Notices). This contingency does not apply to the following existing conditions and/or items: 10 1`1 141 112 (B) Should Buyer alcct to have a home inspection of the Property, as defined in the Pennsylvania Hoene Inspection Law, (see Information Regarding 142 tea the Home Inspection Law) such home inspection shall be performed by a full member in good standing of a natonal home inspection associ- 143 144 ation, ( by a person supervised by a full member of a national home inspection association, in accordance with the ethical standards and code 144 116 of eondtkct @r practice of that association. 145 146 Buyer Initials( !? A/S-2K Pdge 2 of 8 Seller Initials: _ 117 r e b • 2 2 • 2 0 0 6ie 1 0 : 5 5 AM I with REM A Xition of the Property as stated in any written report, Buyer will: No , 60 4 3 P- 4 148 LJ Option 1. Within the time given for completing Inspections: 119 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 1?iN .1 at? - via 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 15,1 1r 1 promptly to Buyer and this Agreement will be VOID, OR tGn 3. Enter into a mutually acceptable written agreement with Seller providing for atiy repairs or improvements to the Property and/or any credit 1t,'? tti;i to Buyer at settlement, as may be acceptable to the mortgage lender, if any. 159 '154 Should efforts to reach a mutually acceptable agreement fail, Buyer must choose to accept the Property or terminate this Agreement within is4 7s5 the time given for completing Inspections and according to the provisions in paragraph 8(C) (Option 1) 1 and 2 155 1158 . ? Option 2,'Withln the time given for completing inspections: 1118 157 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, 157 tsB UNLESS the total cost to correct the conditions contained in the report(s) is more than S 158 199 2. If the total cost to connect the conditions contained in the report(s) EXCEEDS the amount specified in paragraph 8(C) (Option 2) 1, too 160 Buyer will deliver the report(s) to Seiler within the time given for inspection. 1Gd 181 a. Seller will, within _ 7 DAYS of receiving the report(s), inform Buyer in writing of Seller's choice to: 1n: i 162 (1) Make repairs before settlement so that the remaining cost to repair conditions contained in the report(s) is less than or equal to tt2 10 the amount specified in paragraph 8 (C) (Option 2) 1. t1i; 184 (2) Credit Buyer at settlement for the difference between the estimated cost of repairing the conditions contained in the report(s) 164 job and the amount specified in paragraph 8 (C) (Option 2) 1. This option must be acceptable to the mortgage lender, if any. 16: 169 (3) Not make repairs and not credit Buyer at settlement for any costs to repair conditions contained in the report(s). 1 10 b. If Seller chooses to slake repairs or credit Buyer at settlement as apcclficd in paragraph 8 (C) (Option 2) 2, Buyer will accept tine '.07 160 Property and agree to the RELEASE set forth in paragraph 25 of this Agreement. Ise 189 c. If Seller chooses not to make repairs and not to credit Buyer at settlement, or if Seiler fails to choose any option within the time 1n,? 179 given, Buyer will, within 5 DAYS: lib 171 (1) Accept the Property with the information stated in the report(s) and agree to the RELEASE Bet forth in paragraph 25 of this v/i 172 Agreement, OR 17i 173 (2) Terminate this Agreement in writing by notice to Seller, in which case all deposit monies paid on account of purchase price will 173 174 be returned promptly to Buyer and this Agreement will be VOID. Ira 1'ic 9, WOOD INFESTATION INSPECTION CONTINGENCY (1.02) rr;> 176 ? WAIVED. Buyer understands that Buyer has the option to request that the Property be inspected for wood infestation by a cert'if'ied Pest Control 176 177 #Operator. BUYER WAIVES THIS OPTION and agrees to the RELEASE act forth in paragrapb 25 of this Agreement. 1%; t.e ELECTED 1-r2 1a (A) Within DAYS (15 days if not specified) of the execution of this Agreement, Buyer, at 'Buyer's expense, will obtain a writterf -Wood- ;,n, 100 Destroying Insect Infestation inspection Report' from a certified Pest Control Operator and will deliver it and all supporting documents and Go tat drawings provided by the Pest Control Operator to Seller. The report is to be made satisfactory to and in compliance with applicable laws, molt- 161 162 gage lenders, and/or Federal Insuring and Ouaranreeing Agency requirements, if any. The inspection will include all readily visible and W .39 accessible areas of all structures on the Property except the following structures, which will not be Inspected: 183 184 W 165 (B) If the inspection reveals evidence of active infestation(s), Seller agrees, at Seller's expense and before settlement, to treat for active infesta. .81: iaa lion(s), in accordance with applicable laws. 1ud 187 (C) 11 the inspection reveals damage from active infestation(s) or previous infestation(s), Buyer, at Buyer's expense, has the option to obtain a writ- W 106 ten report by a professional contractor, home inspection service, or structural engineer that is limited to structural damage to the Property caused tad 169 by wood-destroying organisms and a proposal to repair the damage, Buyer will deliver the structural damage report and corrective proposal to 185 100 Seller within L DAYS of delivering the original inspection report. 190 19l (D) Within 5 DAYS of receiving the structural damage report and corrective proposal, Seller will advise Buyer whether Seller will repair, Lit 1ai 182 Seller's expense and before settlement, any structural damage from active or previous infestation(s). IQ 14: (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 193 144 set forth in paragraph 25 of this Agreement, r14 156 (F) If Seller chooser not to repair structural damage revealed by the report or fails to respond within the time given. Buyer, within 5 DAYS, 1186 1s; will notify Seller in writing of Buyer's choice to: 796 19T I. Accept the Property with the defects revealed by the inspection, without abatement of price, and agree to the RELEASE set forth in Para- l!"" Ise graph 25 of this Agreement, OR 1014 19S . 2. Make the repairs before settlement, if required by the mortgage tender, if any, at Buyer's expense and with Seller's permission, which will lea zoo not be unreasonably withheld, in which case Buyer accepts the Property and agrees to the RELEASE set forth in parugraph 25 of this 2tip Ni Agreement. If Seiler denies Buyer permission to make the repairs, Buyer may, within 5 DAYS of Seller's denial, terminate this z1, 1 202 Agreement in writing, in which case all deposit monies paid oil account of purchase price will be returned promptly to Buyer and this !or :?UY Agreement will be VOID, OR 10 204 3. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer and :'tie ?05 this Agreement will be VOID. try gas 10. RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT NOTICE REQUIRED FOR PROPERTIES 207 J19ft BEFORE 1976 (1-02) 269 93 NOTAPPLICABLE Y1? 209 ? APPLICABLE 218 (A) Seller represents that Seller has no knowledge concerning the presence of lead-based paint and/or lead-based palm hazards in or about the no 211 Property, unless checked below. 211 21- ? Seller has knowledge of the presence of lead-based paint and/or lead-bared paint hazards in or about the Property. (Provide the basis for ::r2 213 determining that lead-based paint and/or hazards exist, the location(s), the condition of the painted surfaces, and other avai)able in'tormu- - !1s ?'•4 tion concerning Sellers knowledge of the presence of lead-based paint and/or lead-based paint hazards.) ;cis 715 To be cont I Hued 4. z18 (B) Records/Reports: Sefter has no reports or records pertaining.to lead-based print and/or lead-based paint hazards in. or about the Property, mi 217 unless checked below. 1 ' 2.)@ ? Seiler has provided Buyer with till available records and reports pertaining to lead-based prdw and/or lead-bared paint hazards in or about 24 219 the Property. (List documents) 219 2zo 2^t? 221 (C) Buyer's Atknowledgement Buyer has received the pamphlet Protect Your Famity from Lusd in Your Nome and has read the Lead Warning r21 222 Statement contained in this Agreement (see Environmental Noticar). Buyer has reviewed Seller's disclosurt of known lend-based paint and/or 2e2 223 lead-based paint hazards, &% identified in paragraph 10(A) and has received the records and reports pertaining to lead-based paint and/or lead- x2:1 221! based paint hazards identified in paragraph 10(B). :214 224 Buyer's Initials Date W. 2ah (D) RISK ASSESSMENTANSPECTION: Buyer acknowledges that before Buyer is obligated to buy a residential dwelling built before 1978, Buyer 222 hus 10 DAYS to conduct a risk assessment or inspection of the Property for the presence of lead-based paint and/or lead-based paint hazards. j.: 224 ? WAIVED. Buycr understands that Buyer has the right to conduct a risk assessment or inspection of the Property to determine the presence of tea 229 lead-based paint and/or lead-based paint hazards. BUYER WAIVES THIS RIGHT and agrees to the RELEASE set forth in paragraph 25 of a9 290 this A$reelnent. `2a 23.1 ? ELECTED z"11 232 1. BvZer, at Buyer's expense, chooses to obtain a risk assessment and/or inspection of the Property for lead-based paint and/or lead-based u 233 pair' bazar risk assessment and/or .inspection will be completed within 10 DAYS of the axecudon of this Agreornen ? 233 234 ?' - `- -- Buyer Initials -? `? " A/S-2K Page 3 of 8 Soller Initials: 231 e37 232 zta 246 4i 242 2J:1 244 ""5 ^..$9 241 2-a '45 A.o 251 7M ?S3 714 255 25a E/ 251 25V 29t: 291 2iin 265 265 267 296 26'.1 270 271 are 273 2%i 276 276 err tin 270 2a0 zss •raz tar: 2a7 Alp. 29@ 2?t1 29Z Ns 2e?1 295 2K. 2$1 sae Zen 300 ;101 ;tat sae 30e F e b 2 2 - 2 0 0 6•° 10 : 5 6 A M" "" R E M A X.r 'nay deliver to Seller a written list of the specific hawdous conditN o . 6 0 4 3) the P , 5 anJ thoge ...._ct.....,.._ti,,,,,ted by .,.ycL, along with a copy of the risk imasyment and/or inspection report. 3. Seller may, within 7 DAYS of receiving the list and report(s), submit a written corrective proposal to .Buyer. The corrective proposal will include, but not be limited to, the natite of the rernediation company and a projected completion date for corrective measures. Seller will provide certification from a risk assessor or inspector that corrective measures have been satisfactorily completed on or before the projected completion date. 4. Upon receiving the corrective proposal, Buyer, within 5 DAYS, will.' a. Accept the corrective proposal and 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 prmnpcly to Buyer and this Agrcement will be VOID. 5. Should Seller fail to submit a written corrective proposal within the time set forth in paragraph 10(D)3 of this Agreement, Buyer, within 5 .DAYS, will: a. Accept the Property is 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 Agretmont will be VOID. 6. Buyer's failure to exercise any of Buyer's optiotts within the time linilts specified in this paragraph will constitute a WAIVER of this contingency and Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement. (£) Certitleation: By signing this Agreement, Buyer and Seller certify die accuracy of their re6pective statements, to the best of their knowledge, 11. STATUS OF RADON (1-02) (A) Seller represents that Seller has no knowledge concerning the presence or absence of radon unless checked below, ? t. Seller has knowledge that the Property was tested on the dates, by the methods charcoal canister, alpha track, etc.), and with the results of all tests indicated below: DATE TYPE OF TEST RESULTS (picocuries/lirer or working levels) 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. ? 2. Seller has knowledge that the Property underwent radon reduction measures on the date(s) and by the method(s) indicated below: DATE RADON REDUCTION METHOD (B JRADON INSPECT10N CONTINGENCY ??' 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 TIES OPTION and agrees to the RELEASE set -forth in paragraph 25 of this Agreement. ? ELECTED. Buyer, at Buyer's expense, has the option to obtain, from a certified inspector, a radon test of the Property, and will deliver o copy of the test report to Seller within DAYS (15 days if not specified) of the execution of this Agreement. (See Environmental Notices: Radon) 1. If the test report 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 teat report reveals the presence of radon at or exceeding 0.02 working levels (4 picocuries/liter), Buyer will, within 7_ DAYS of receipt of the test results: ? Option 1 a. Accept the Property in writing and agree to the RELEASE set forth in paragrapb 25 of this Agrcement, OR b. Terminate this Agreement in writing, in which cane all deposit monies paid on account of purchase price will be returned promptly to Huyer 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- gadon company; provisions for payment, including retests; and a projected completion date for corrective measures. (1) Within _L_ DAMS of receiving the corrective proposal, Seller will: (a) Agree to tho terms of the corrective proposal in writing, in which cline Buyer accepts die Property and agreeF to the RELEASE set forth in paragraph 25 of this Agreement, OR (b) Not agree to the temps 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 S 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. ? Option 2 a. Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR b. Submit a written, corrective proposal to Seller. The corrective proposal will include, but not be limited to, the natite of the certified miti- gation company; provisions for payment, including retests; and aprojected completion date for corrective memures. Seller will pay a max- imum of $ toward the total cost o'f remediation and retests, which will be completed by settlement. (1) If the total cost of remediation and retests EXCEEDS the amount specified in paragraph 1l (B) (Option 2) b, Seller will, within _„L-- DAYS of receipt of the cost of remediarion, notify Buyer in writing of Seller's choice to: (a) Pay for the total cost of remedimion 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 romcdiation and retests only the amount specified in paragraph 11(B) (Option 2) b. (2) If Seller chooses not cc pay for the total cost of remediadoo and .retests, or if Seller fails to choose either option within the time given. Buyer will, within_5_ DAYS, notify Seller in writing of Buyer's choice to: (a) Pay the difference between Seller's contribution to remediadon and retests and the actual cost thereof, in which case 1.13 3Ji 213d 231 2J1} 'Q1 ^,t.a .;a 2a C 2Ja 251 _>5t; 2b: .6H ,:t1:/ '.K3 20 2ii5 ?iv 2G7 2W 0 271 :7;' .ti 4 V5 e ±u 20 276 V9 ?8U ar 2a 2P3 :194 ass: 1?4 ?117 ?er :SGV IN(. 2a? ?!la 7.5t, Ott e6,i 3iM! iJl ;13« x;13 °;14 To be continued 5. 305 Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR 3 iG 305 (b) Tenninate this Agreement, in which case all deposit monies paid on account of purchase pace will bo returned promptly Sac :1M, to Buyer and this Agreement will be VOID. A6 12. STATUS OF WATER (1 -02) s Sat (A) Seller represents that the Property is served by- loc 310 ? Public Water std 311 V On-site Water ' t 11 a ? Community Water 313 ? None 314 CONTINGENCY T O r ' "ra a'S 315 R SERVICE INSPEC I N (13 WATL 316 WAIVED. Buyer acknowledges that Buyer has the option to roquest an inspection of the water service for the Property. BUYER WAIVES M 317 THIS OPTION and agrees to the RELEASE set forth in paragraph 2S of this Agreement. 314 ? ELECTED 313 39 1. Buyer has the option, within DAYS (15 days if not specified) of the execution of this Agreement and at Buyer's expense, to deliver 19 320 to Seta written inspection report by a qualified, professional wntcr testing company of the quality and/or guarifity of the waiter service. 429 .121 , / , ... ?\ ` 330 322 A/S-2K Page 4 of 8 Seller INtlsla; Buyer Wtisls 4 lax 2 2 • O 0 6 10 : S 7 Whe repR EMAX'Is that the water service does not meet the minimum standards of any N 0 6 0 4 3,over.P :_. 6tl authority and)ter Uddy the requirementa for quality and/or quantity sot by the mortgage lender, if any, then Seller will, withir__L DAYS of re 327 the report, notify Buyer in writing of Seller's choice to: 320 a. Upgrade the water service to the minimum acceptable tevels, before settlement, to which case Buyer accepts the Property and 329 to the RELEASE set forth in paragraph 25 of this Agreement, OR 330 b. Not upgrade the water service. 331 4. If Seller chooses not to upgrade the service co minimum acceptable levels, or falls to respond within the time given, Buyer will, 332 5 DAYS, either: M a. Accept the Properly and the water service and, if required by the mortgage lender, if any, and/ur any governmental authod(y, u 334 the water service before settlement or within [he time required by the mortgage lender, if any, and/or any governmental uutht 336 Buyer's expense and with Seller's permission, which will not be unreasonably withheld, and agree to the RELEASE set forth i 330 graph 25 of this Agree unit. If Seller denies Buyer permission to upgrade the water service, Buyer may, within S D1 337 Seller's denial, ternnate this Agreement in writing, in which case all deposit monies paid on account of purchase price 336 returned promptly to Buyer and this Agreement will be VOID, OR 333 b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be retuned pre 340 to Buyer and this Agreement will be VOID. a41 13. STATUS OF SEWER ('1.02) sae (A) Seller represents that the Property is served by: 342 C1 .-Public Sewcr 344 ndividual On-tot Sewage Disposal System (See Sewage Notice 1) 345 ? Individual On-lot Sewage Disposal System in Proximity to Well (See Sewage Notice t; ;tec Sewage Notice: 4, if applicable) 346 ? Community Sewage Disposal System 347 ? lbn-acre permit Exemption (See Sewage Notice 2) 348 ? Holding Tank (See Sewage Notice 3) 'sae D None (See Sewage Notice 1) 350 ? None AvailabluTermit Limitations in Effect (See Sewage Notice 5) 361 ? M2 TIANbMDUAL ON-LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY 363 E WAIVED. Buyer acknowledges that Buyer has the option to request an individual on-lot sewage disposal inspection of the Property. B1 364 WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement. 955 ? ELECTED 356 1. Buyer has the option, within DAYS (15 days if not specified) of the execution of this Agreement and at Buycr's expert 3S7 deliver to Seller a written inspection report by a qualified, professional inspector of the individual on-lot sewage disposal system. 368 2, Seller, at Seller's expense, agrees, if and as required by the inspection company, to locate, provide access to and -empty the irtdividu, 350 lot sewage disposal system. Seller also agrees to restore the Property, at Seller's expense, prior to settlement ."D 3. If the report reveals defects that do not require expansion or replacement of the existing sewage disposal 6y0tcnt, Seller will, v 361 7 DAYS of receipt of the report, notify Buyer in writing of Seller's choice to, 362 a. Correct the defects before settlement, including retests, at Seller's expense, ul which case Buyer accepts the property rind agn 369 the RELEASE set forth in paragraph 25 of this Agreement. OR 364 b. Not correct the defects. 39S d, If Seller chooses not to correct the defects, or if Seller fails to respond within the time given, Buyer will, within 5 DAYS, eit ass a. Accept the Property and the system and, if required by the mortgage lender, if any, and/or any governmental authority, corset 367 defects before settlement or within the time required by the mortgage lender, if any, and/or any governmental authority, at Bu 36U Iola expense and with Seller's permission, which will not be uneasonably withheld, and agree to the RELEASE set firth in 369 graph 25 of this Agreement. If Seller denies Buyer permission to correct the defects. Buyer may, within 5 DAYS of Se 5,10 denial, terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be rem 371 promptly to Buyer and this Agreement will be VOID. OR 372 b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be retu 373 promptly to Buyer and this Agreement will be VOID. 374 5. If the report reveals the need to expand or replace the existing individual on-lot sewage disposal system, Seller may, within _ 5 D. :315 of receipt of the report, submit a corrective proposal to'Buyer. The corrective proposal will include, but not be limited to, the name o 073 retnediation company; provisions for payment, including retests; and a projected completion date for corrective measures. W 577 5 DAYS of receiving Seller's corrective proposal, or It no corrective propoW l8 received within the time given, Buyer will: 378 a, Agree to the terns of the corrective proposal, if any, in writing, in which case Buyer accepts the Property and agrees to the REL , 879 set forth in paragraph 25 of this Agreement, OR Sao b. Accept the Property and the. system and, if requured by the mortgage lender, if any, and/or any governmental authority, corrcc :wt defects before settlement or within the time required by the mortgage tender, if any, and/or any governmental authority, at Buy 332 sole expense and with Seller's permission, which will not be unreasonably withheld, and agree to the RELEASF set forth in p 333 graph 25 of this Agreement. If Seller denies Buyer permission to correct the defects, Buyer may, within 5 DAYS of Sell Sea denial, terminate this Agreement in writing, in which ease all deposit monies paid on account of purchase price will be retut 365 promptly to Buyer and this Agreement will be VOID. OR ash c. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned prom 387 to Buyer and this Agreement will be VOID. 38a 14, NOTICES, ASSESSMENTS & CERTIFICATES OF OCCUPANCY (1-02) 989 (A) Seller represents, as of Seller's execution of this Agreement, that no public improvement, condominium or homeowner association assassin' 101) have been made against the Property which remain unpaid, and that no notice by any government or public authority has been nerved u, 391 Seller or anyone on Seller's behalf, including notices relating to violations of zoning, housing, building, safety or fire ordinances which rely 002 uncorrected, ant( that Seller knows of no condition that would constitute violation of any such ordinances which remains uncorrected, od To be colt hued 6 304 W5 (B) Seller knows of no other potential notices (including violations) and assessments except as follows: 356 797 (C) In the event any notices (including violations) and assessments are received after execution of this Agreement and before settlement, Seller 8bu notify Buyer in writing, within S _ DAYS of receiving the notice or assessment, that Seller will: 380 1. Comply with notices and assessments at Seller's expense, in which case Buyer accepts the Property and agrees to the RELEASE. set fi 40 in paragraph 25 of this Agreement, OR ant 2. Not comply with notices and assessments at Seller's expense. 402 3. If Seller chooses not to comply with notices and assessments, or faila witl» n the time given to notify Buyer if Seller will comply, au sly will notify Soller within S _ DAYS in writing that Buyer will either: 404 A. Comply w?th notices and assessments at Buyer's expense and agree to the PX-LEASE set forth in paragraph 25 of this Agreement, sus b. Terminate this Agreement, in which case all deposit monies paid on account of purchnse price will he returned promptly to Bu 'I's and this Agreement will be VOID. '107 If Buyer Wa to notify Seller within the time given, Buyer accepts the Property and agrees to the RELEASE, set torch in ps: Qs graph 25 of this agreement. ap;t (D) Buyer is jdv.W st e t a public road mey require issuance of a highway occupancy permit from the Department of Trpyporta?ion. L Seller Initials ! t J` 41U Buyer Initials: ` A/S-2K Page S of 8 ???? t.t Vt air :xCUUUUII UI LI11s /?6['etaulait Jbllcf WII[ urtlt;l' Lot' tlt;lrvct'y IL?y 0 6 0 4 30.r lx;.F 7Lt(QL V 4ta Feb 2 2 . 2 0 0 6,T 10 5 8 A M,m the -REM A X ate municipal department or departments disclosing notice of any unto.." w , . , dema .,1 ?..,ning, hnus- 413 ing, building, safety or fire ordinances. AND/OR 414 2. A certificate permitting occupancy of the Property. In the event repaira/improvements are required for the issuance of dre cerriricatc, Seller' 416 will, within 5 DAYS of Seller's receipt of the requirements, notify Buyer of the requirements and whether Seller w111 snake the 4111 required repairs/improvements at Seller's expense. 417 If Seller chooses to niake. the roquired repairs/improvomenw, Buyer agrees to accept the Property its repaired and agreca to the RELEASE set 418 forth in paaigtaph 25 of this Agreement. If Seiler choose-s not to make the required repairs/improvements, Buyer will, within 5 DAYS, 419 notify Seller in writing of Buyer's choice to terminate this Agreement OR make the repaira(mprovementa at Buyer's expenae and with Seller's ,120 permission, which will not be unreasonably withheld. If Seller denies Buyer pe mission to make the required repairs or if Seller fails to respond 1W within the time given, Buyer may, within 5 DAYS, terminate this Agreement in writing, in which case all deposit monies paid on account 422 of purchase price will be returned promptly to Buyer and this Agreement will be VOID. dz3 15. TITLE, SURVEYS & COSTS 0-02) 424 (A) The Property is to be conveyed free and clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the following: existing ,125 deed restrictions, historic preservation restrictions or ordinances. building restrictions, ordinances, easements of roads, easements visible upon 426 the ground, easements of record, privileges or rights of public service companies, if any, otherwise the title to the above described retll estate 12% will be good and marketable and such as will bo insured by a reputable Title Insurance Company at the regular rates, 425 (B) 'Buyer will pay for the following: (1) Tide acarch, title insurance and/or mechanics lien insurance, or fee for canoe littion of same, if any; +.s (2) Flood insurance, fire insurance with extended coverage, mine subsidence insurance, or fee for cancellation of game, if any; (3) Appt'aisal 43: fees and charges paid in advance to mortgage lender, if any; (4) Buyer's customary settlement costs and accruals. 431 (C) Any survey or surveys which may be required by the Title Insurance Company or the abstracting attorney for the preparation of an adequate 432 legal description of the Property (or the correction thereof) will be secured and paid for by Seller. Any survey or surveys desired by Buyer or 4:ra required by the mortgage lender will be secured and paid for by Buyer. .at4 (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, 0 435 specified in paragraph 1 S(A), Buyer will have the option of (1) taking such title as Seller can give with no change to the purchase price; or (2) being 43t1 repaid all monies paid by Buyer to Seiler on account of purchase price and being reimbursed by Seller for any costs inclured by Buyer for any inspec- 437 dons or certifications obtained according to the terms of the Agreement, and for those items specified in paragraph 15(B) items (1), (2), (3) and in 436 pimgtaph 15(C), in which case there will be no further liability or obligation on eithor of the parties hereto and this Agreement will become VOID. 433 16. ZONING CLASSIFICATION (1-02) 4 to Failure, of this Agreement to contain the zoning classification (except in cases where the property (and each parcel thereof, if subdividable) is zoned 441 solely or primarily to permit single-family dwellings) will render this Agreement voidable at the option of the Buyer, and, if voided, any deposits 442 tendered by the Buyer will be turned to the Buyer without any requirmlent for court action. 443 ZoriMg Classltication: ti 444 ? ELECTED. Within _ 11_ bAYS of the execution of this Agreement, Buyer will verify that the existing use of the Property as 449 ix permitted. In the event the use is not permitted, Buyer will, within the time 446 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 447 case all deposit monies paid on account of purchase price will be returned promptly to Buyer, Buyer's failure to respond within the time 4as iven will constitute a WAIVER of this contingency and all other terms of this Agreement remain in full force and effect, 449 17. C L NOTICE 450 NOT APPLICABLE 461 ? APPLICABLE 462 THE DOCUMENT MAY NOT SELL, CONVEY, TRANTFER, INCLUDE OR INSURE. THE TITLE To THE COAL AND RIGHTS OF SUIPPORT UNDERNEATH THE SURFACE LAND 45'3 DESCRIBED OR REFERRED TO HEMIN, AND THE OWNER OR OwNWS OF SUCH COAL MAY NAVE THE COMPLY-,I'E LEGAL.ItLOhT TO REMOVE ALL Mot COAL AND 4$r IN 111AT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE. BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. (This 455 notice is set forth in the manner provided in Section 1 of the Act of July 11,195'1, P.L. 984.) "Buyer acknowledges that he may not bt obtaining the 456 right of protection against subsidence resulting from coal mining operations, and that the prgperty described herein may be protected from damage 45" due to mine subsidence by a private contrum with the owners of the economic interests in the coal. This acknowledgement is muds for the purptme 458 of complying with the provisions of Section L4 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27,1966." Buyer agrees 459 to sign the deed from Seller which deed will contain the aforesaid provision. 46a 18. POSSESSION (1.02) . 4Gt (A) Possession is to be delivered by deed, keys and; 462 1. Physical possession to vacant Property free of debris, with all structures broom-clean, at day and time of settlement, AND/Oft 461 2. Assignment of existing lease(s), together with any security deposits and interest, at time of sottlcment, if Property is leased at the 464 execution of this Agreement or unless otherwise specified herein. Buyer will acknowledge existing lease(s) by initialing said lease(s) at 465 time of execution of this Agreement. 46G (S) Seller will not enter into any new leases, written extension of existing leases, if any, or additional leases for the Property without the written 467 consent of Buyer. 4W 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 469 and if Buyer causes or permits this Agreement to be recorded, Seller may elect to treat such act as a breach of this Ag=mcnt. 470 20. ASSIGNMENT (3-85) This Agreement will be binding upon the parties, their respective heirs, personal representatives, guardians and successors. 471 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 472 Agreement without the written consent of Seller. ,17a 21. DEPOSIT & RECOVERY FUND (1-02) 474 (A) Deposits paid by Buyer within 30 DAYS of settlement will be by cash, cashier's or certified check. Deposits, regardless of the form of 475 payment and the person designated as payee, will be paid in U.S. Dollars to Broker or party identified in paragraph 3(B), who will retain therm 4;s in an escrow account until consummation or termination of this Agreement in conformity with all applicablo laws and regulations, Any uneashcd 477 check tendered as deposit monies may be held pending the acceptance of this offer. CM (B) Upon termination of this Agreement, the Broker holding the deposit .monies will release the deposit monies in accordance with the terms of a 419 fully executed written agreement between Buyer and Seller. '. I I 412 03 K'19 415 41G 4'ly 410 41..9 4,?o 421 422 d2;i 424 425 426 q[/ s28 4241 r9Li 'Si 02 d:s4 43:i 4 1?t 437 ('38 4» 140 44'; 4Q 4,13 444 445 446 44. 443 tidy 460 451 46> 455 454 djb 4:15 ?ra9 ;5l? d>;7 M2 d63 ass A6 46d 487 4G3 460 470 471 4712 473 47,; 475 4% 477 478 09 To be continued 7. AGO (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 ast the State Reif Estate Commission (49 Pa. Code §35.327) to retain the monies in escrow until the dispute is resolved. In the event of litigation 4V 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 pautics, %a3 Buyer and Seller agree char, in the event any broker or affiliated licensee is joined in litigation for the return of deposit monies, the attorneys' 484 fees and costs of the broker(s) and licensee(s) will be paid by the party joining them. alts (.D) A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real estate tars licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been unable to collect the judgment after exhaust- 487 ing all legal and equitable remedies. For complete details about the Fund, call (717) 783-3658, or (800) 822-2113 (within Pennsylvania) and 4136 (717) 783.4854 (outside Pennsylvania)- 481s 22, CO OMPU M/PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) RESALE NOTICE (1-02) 400 NOT APPLICABLE 491 13 APPLICABLE: CONDOMINIUM. Buyer acknowledges that the Property is a unit of a condominium that is primarily run by a unit owners' 432, association. §3407 of the Uniform Condominium Act of Pennsylvania requires Seller to furnish Buyer with a Certificate of Resale and copies 493 of tho condominium declaration (other than plats and plans), the bylaws, and the rules and regulations of the association. 4a4 ? APPLICABLI*: PLANNED COMMUNITY (HOMEOWNER ASSOCIATION). Buyer acknowledges that the Property is part of a planned 0;5 cornmuruty as defined by the Uniform Planned Community Act. (See Definition of Planned Community Notice). §5407(a) of the Act requires 490 Seller tt furnish Buyer with a copy of the Declaration (other than plant and plans), the bylaws, the roles and regulations of the association, and 4<3r a Ceru i-Qate Irt the provisions set forth in §W7(a) of the Act t . r 68 Buyer InitiaLy: ? A/S-2K Page 6 of 8 Seller Initlala: A6U a21 402 4113 44 4ali 11H 457 436 444 400 4)I We 03 .rtlrt 4E Aw 497 459 ll:u r• 'i;lti th;S THA'1• AKE PAKf 0k' A CONDOMINIUM OR A, PLAN o .6 0 4 3'IMUp , S , 0:5°AM REMAX Feb.22. 2,,,'v 5UJ , 1- _. ,- „ ,f the e;,...... -. of this Agreement, Seller will submit a request to the association for a Lcrtiticutc of Resale and the doc- rat 504 uments necessary to enable Seller to comply with the Act. The Act provides chat the association is required to provide these documents within ='11 sue 10 days of Seller's request. 5h (B) Seller will promptly deliver to Buyer all doeurmata received from the association. Under the Act, Seller is not liabic to Buyer for [lie faih, ; or 50'15 5013 delay of the association to provide the Certificate in, a timely manner, nor i8 Seiler liable to Buyer for tiny erroneous information providau by su t 6U'J the associacion and.ineludcd in the Certificate. 06 Got; (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 506 507 settlement, whichever occurs first. Buyer's notice declaring this Agreement void must be in writing; thereafter all deposit monies will be TV 506 returned to Buyer. 30 500 (D) In the event the association has the right to buy the Property (right of rust refusal), and the wiwciadon axarcises that right, Seller will reitnburne 305 510 Buyer for all monies paid by Buyer on account of purchase price and for any costs incurred by Buyer for: (1) Title search, title inSUniner and/or 310 511 mechanics lien insurance, or fee for cancellation of same, if any; (2) Flood insurance and/or fire insurance with extended coverage, mine sub- Sri s12 sidence insurance, or fee for cancellation of same, if any; (3) Appraisal fees and charges paid in advance to mortgage lender, if any. 51S 23, MAINTENANCE & RISK OF LOSS (1-02) ;1:i fiN (A) Seller will maintain the Property, grounds, fixtures, and any personal proptrty specifically scheduled herein in its present condition, normal 51t sea wear and tear excepted, 1.715 516 (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 5 ?u $t7 notify .Buyer in writing of Seller's choice to; "' SIB L Repair or replace the failed system or appliance before settlement or credit Buyer at settlement for the fair market value of the failed 'Ys- 9'Ut 5{9 tem or appliance (this option must be acceptable to the mortgage lender, if any). In each case, Buyer accepts the Property and agrees to 0t, Stu the RELEASE set forth in paragraph 25 of this Agreement. OR stn S21 2. Not repair or replace the failed system or appliance, and not credit Buyer at setlement for the fair market value of the failed systetn or ME' S22 appliance. If Seiler does not repair, replace or offer a credit for the :Failed system or appliance, or If Seller falls to notiry Dryer 52-2 Sz; of Seller's choice, Buyer will notify Seller in writing within _.L_ DAYS or before settlement, whichever is sooner, that Buyer 5215 JGC US a, Accept the Property and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 54115 5.146 b_ Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer 646 527 and this Agreement will be VOID. 6 51f (C) Seller will bear risk of lobs from fire or ocher casualties until time of settlement, In the event of damage by fire or other casualties to any prop- M 529 erty included in this sale that is not repaired or replaced prior to settlement. Buyer will have the option of rescinding this Agreement and X19 530 promptly receiving all monies paid an account of purchase price or of accepting the Property in its then condition together with the proceeds 5:n! 531 of any insurance recovery obtainable by Seller. Buyer Is hereby notified that Buyer may insure Buyer's equitable interest in this Property us of br1 542 the time. of execution of this Agreement. 51;,4 533 24. WAIVER OF CONTINGENCIES (1.02) 6+'s 534 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 531 515:, the time Hmits set forth in this Agreement will constitute a WAIVER of that contingency and Buyer accepts the Property and agrees to the r3 sae RELEASE set forth In paragraph 25 of this Agreement- 6''t 537 25, RELEASE. (1-02) 51' 538 Buyer hereby releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES, and any OFF I- 'T; 539 CER or PARTNER of any one of them and any other PERSON, FIRM, or CORPORATION who may be liable by or through then, from 09 5110 any and all claims, losses or demands, Including, but not limited to, personal injuries and property damage and all of the consequences there- k; o 10 of, whether now known or not, which may arise frees the presence of termites or other wood-boring insects, radon, teed-based paint haz- sa 542 ards, environmental hazards, any defects in the individual on-lot sewage disposal system or defIdencios In the on-site water serviCe system, 5+% 1513 or any defects or conditions on the Property. Should Seller be In default under the terms of this Agreement, this release does not deprive 5 544 Buyer of any right to pursue any remedies that may be available under law or equity. This release will survive settlement, 544 w., 16. REPRESENTATIONS (1.02) 546 (A) Buyer understands that any representations, claims. advertising, promotional activities, brochures or plans of any kind made by Seller, Brokers, 016 30 their licensees, employees, officers, or partners are not a part of this Agreement unless expressly incorporated or stated in this Agreement. It is 1,17 S49 further understood that this Agreement contains the whole agreement between Seller and Buyer and there are no other terms, obligations, 11113 540 covenants, representations, statements or conditions, oral or otherwise of any kind whatsoever concerning this Salo. Furthermore, this SH11 550 Agreement will not be altered, amended, changed, or modified except in writing executed by the parties, =sc Si't (B) It is understood that Buyer has inspected the Property before signing this Agreement (including fixtures and any personal property 5:n ?Ml specifically scheduled herein), or has waived the right to do so, and has agreed to purchase the Property in its present condition unless s,= 553 otherwise stated In this Agreement. Buyer acknowledges that Brokers, their licensees, employees, officers or partners have not made W 554 an independent examination or determination of the structural soundness of the Property, the age or condition or the con?ponents, envi- S'i< sr, ronmenW condidons, the permitted uses, or of conditions existing In the locale where the Property is situated; nor have they made a 551! mechanical inspection of any of the systems contained therein. 5'd sae (C) Any repairs required by this Agreement will be completed in a workmanlike manner. 67 568 (D) Broker(s) may perform services to assist unrepresented parties in complying with the terms of this Agreement. 558 1559 (E) The headings, captions, and line numbers in this Agreement are meant only to make it easier to Find the paragraphs. .rs $60 27, DEFAULT (1.02) 1e0 6e1 (A) Seller has the option of retaining all sums paid by Buyer, including the deposit monies, should Huycr; =151 562 1. Fail to make any additional payments as specif ed in paragraph 3; OR 562 883 2. Furnish false or incomplete information to Seller, Broker(s), or the mortgage lender, if any, concerning Buyer's legal or financial status, 583 564 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 e64 565 mortgage loan commitment; OR 666 88ts 3. Violate or fail to fulfill and perform any other terms or conditions of this Agreement. Eau sd7 (B) Unless otherwise checked In'Darattraph 27 (C), Seller may elect to retain those sums said by Buyer. includine denosit monies. in ono. of rhp 6157 To be continued 568 following many ers; •5E3 I. On account of purchase price; OR 570 2. As monies to be applied to Sellers damages; OR 57t 3. As liquidated datn,ages for such breach. sT2 (C) ? Soller is limited to retaining sums paid by Buyer, including deposit monies, as liquidated damages. 57:1 (D) If Seller retains all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to paragraph 27 (B) or (C), Buyer and Selter lira will be released from further liability or obligation and this Agreement will be VOID. STS 28. MEDIATION (7-96) 576 ? NOT AVAILABLE 577 ? WAIVED. Buyer and Seller understand that they may choose to mediate at it later date, should a dispute arise, but that there will be no obb- 57n ation on the part of uny party to do so. V5 ELECTED 59) (A) Buyer and Sellcr will try to resolve any dispute or claim that may arise from this Agreement through mediation, in accordance with the Rules 36'i and Procedures of the !'fume SellerVHome Buy=s Dispute Resolution System. Any agreement reached through a mediation eonferenec and 581.1 signed by the patties will be binding, 5M (B) Buyer..and Seller acknowledge that they have received, read, and understand the Rules and Procedures of the Home Sellerslflome Buyers 5aa Dieputc Resolution System (see Mediation Notice). 5u5 (C) This4ge eat to 1 to disputes arising from this Agreement will survive settlement. sins Buyer Initihlq?"' •.?`` A/S-2K Page 7 of 8 Seller Inittals: L-+ V9 8. 56N 5tfl 5io 5Yh 572 .'.+ 6A r- is Pt 5T7 RV S79 530 W. S;r). 53': 534 rir.'S 505 e reJ L2• ?006 11 uuAM 'u.JR,EM WA fi? L t??iVliK d a 0 t 2 I 0G/19/2084 12:36 7175930111 A7. arZUAL t:LAUaJO IW2) (A) The roliowIng ate pert of this Agrec ngnt If shocked; ? tide dt Seidemem of Other Pmpany Con?ingeney Addendum (PAR Form SSP) ? Shco &'tsoctlement of t?tt?er Preptapr Caatitip;attey % vl? Right to Centinuc Mivrkkatting Addendum (PAR Form SSP-CA+t,} tIi) ?fJu , ? -TL'c3? .? o ? Ja ?a.J ?1 ?,- REMAX; No 6043 P- g P,UU?i?U? PAGE 02 sirs bon O Settlement of Other Property Coadngoncy Addsndutn (PAR F01-6- SOP) moo Tansnt-06wpled Propcm A&leudum (PAR Form TOP) Sea • ro; ? :01 Sao aro Lv A W19 7rc rr .k19 E :zZ ,V <:;w SFJrt'?/?' our 1'R N T?i 1- Gv14 e //U ?. -/7-:1 ; /gJ?e- X10 /I !'r la 'Sri' 9?: C- ?i 7 •? a Gr7 ?Q Nt AP '.V S 0,1-- 14 rrr.r? 7z) (eDh•'T70?' .. l?l Buyer and Stacr acknowledge receivWg a cnpy of this Agreetntnt at the tlmt of sIL AR% ' U4 • con NOTICE TO PARIMS: WIMN SIGNED,'IIi13AGREFMENT IS A BINDING CONTRACT, Rctvrn by (iseshnile trenenrlu(ee (>NWX of MIS 606 Aorardneat, mad all utatltda; berrinQ the dtpnstursr•ofin portlts, eonititalm souptanae 91 dtlsAt?romenc Parths to this ro,ascriun Aft jkdvlsal sort to rotuWt an suotncy bdarc signing It ldtay da> in I'aoat advlm coy Ion 1 D Buya Ito recrlved the Comainer Notice as adopted by the &Ate Pool EMIR ,Cot A011100 at 49 Par Codc 43S.33n- Don 1 q 8pyechaA rce4lvod a sgttmtsat otliuyar'e atterrtad clostne Coate barn elAtItS thlo AVwmmt a!n 1 O Buyer has read and undaratwa the notlere apd ec Pphn+atocp th% ntatSam let forth la this Agreement all t . Buyer has received a Staler''s Proparq Disclosure $tatmeni. before aignlag thlt Agreamat, ! ngWtetl by law (sat Wotation R 2rdiD4 612 the Real Estate senor DLdoaurv LW. s la i D Buyer has received t1w Npamit Matey NoUca (foe teoperafi•e salej when jlt+,ker (or saner is hawng deposh many) baton aiptning ebb 610 AZrMMunL bib a10 1 , BUWAIS MAILING ADD 3 µ 't 1.> ?-+\vr s '*, MY Ell .BpUr'YEEr .. y- ` ti? . --?.• ; • '??q• I.a.,t 7 '1 ?-i -?.a ?,. i a.3?. alt i,V 11'.pR?S?cCO1?l At? F?3A i:.R?? ?.ir, wail i?.??,?(r/?? ,?fAJ1??1?'i/S/(`?P?wr ?+-(//./A?-+?. t ?y? '.a wAll' /' g,?WML??wI'R•W"-? --__ ?AAY.(i?...r Y 4` ? SBIt c22 Ilul ?r ? ..w r ? 6=7 A? ??w3 WI'fNPSS ?lCu Rj --__ ?• t ?`?l ?_ t???1 bt3 LIS azc W11NUS IRUYKR DATZli_? 627 e1o Seller hereby Appmvcs the above contract. this (drte) ? J Z 41, ON and in conaideradtm of the services rendatcd in procuring the Buy= Sdirr agrees to pity named Broker for Seller It fell of 137 of UM IAe hareie r(+tafi sale prim. In the event Buyer defoults h=undin any rArjca Raid oo account will to djuldi ,01= SCUM 8rokoc for Seller, but lit no avant will the sum paid to the Stoker far Seller elter.¢d above spca&d Broker's ,fsc. e39 4'19 Steer nos received the Consumer Natico as sdapW by the State ReW Ferrara Comnlaaloo at 49 Pit. Code 038.336. tern Seller has resslved A itALUDant of Sullar'# eodmoild clown cow bt;to" signing this Apt-neat- All 8epar hq''d and underaunds the notices and exoamt4[y informadon salt!ot'th In this Agre.effl?»L . Oar r ?- AIRIMEXIS MAU.nv(; ADF)R S: A09 ao ftl.T MTN n ? SEI.IER %??' 1 DAIT 693 ?'"' ? , SSd ?M ,r K95 WIT NUS DA - sea s9s WI'DVPrS4 SELL It DATE one ado 061 Br aker'soUctmeW CcnMcatluns (dusk an that. arc appllra>ale): Gat Cl AnIaMing LeaA.Ift ed fain{ Jrmwds utadcattta: PeaWred If Property was built Ware 1979: The uadanigmd [. vmP--was inyelred in alp To be continued 9. thi, aranxaction, on behalF of thcrosCIvr-% surd abeif bmka%, cmi fy shat their eaarommis cell true to" beat of Char knowledga 5nd be lid. AeOa,.orledgeauentj 41w L iegnsers invoLved in Ws aanseetlon lfave informed Seller of Seller's obiigatiact under Tbc Raaidantial rwd.8esed nss Faint Kauai Reduction AeT, 42 U.S.C. W52(d). and arty uwam of their responsibility to anium comtaHenec. crb ? n6? ? R&PTdinR CIA MOt Osimt 'ilia undmipned Llcanacp lavolved In this tranwction, on behalf of tbemseives and their brokers, cc, * (her 450 j the Minis of this contract for purchese are true to the best of thr it knowledge and Wict tend that any other arceltaenl entered Into by any of 60 Owe parties in conrtcction with thiA t -uxtion is attaehnd to this Aparnatt, boo t 1601 Regarding Medlnllan; The nndetxigned `xBrokcr for Seller ? )arokrz foe l3ltymt agree to ruhtnit to medlodeq In acrordanec with rG: p mgraph28 of WK Ag oe menL e43 eee RROKM FOR Si°,[.LER (Company Namii) '(tea Q,?,. a? 1 ?f FA I ! '?C . ere ACC.EPI'M EY DATE 667 DROM FOR BUYER (C parry mo,1 ? ? nun ACCEPTED AY D )(Tr-- C,,, 4$4 elan 070 AS-2K Page; N OC 8 Lin BROKER'S COPY U.S. DEPARTMENT OF HOUSING and URBAN DEVELOPMENT SETTLEMENT STATEMENT D LIBERTY LAND Lasarprint TRANSFER, INC. B. TYPE OF LOAN 4660 Trindle Road, Suite 103 Camp Hill, PA 17011 1. [ ) FHA 2. ( 1 FMHA 3.XI CONY. UNINS. 4. [ I VA 6. [ j CONV. INS. Phone (717) 975-9915 Fax (717) 763-7460 6. FILE NUMBER: 91937 7. LOAN NUMBER: 0056431885 F7. INS. CASE NO.: C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked '(p.o.c.)' were paid outside the closing; they are shown here for informational purposes and are not included in the totals. D. NAME AND ADDRESS OF BORROWER: KEVIN J. KEEN LINDSAY E. KEEN E. NAME AND ADDRESS OF SELLER: MARK E. WORDEN DIANA L. WORDEN F NAME AND ADDRESS OF LENDER: - FIRST HORIZON HOME LOANS CORPORATION 1555 W. WALNUT HILL LANE IRVING, TX 75038 G. PROPERTY LOCATION: 110 BIG POND ROAD H. SETTLEMENT AGENT: LIBERTY LAND TRANSFER, INC. 1. SETTLEMENT DATE: 12/22/05 SOUTHAMPTON TOWNSHIP, CUMBERLAND COUNTY, PA. PLACE OF SETTLEMENT: RE/MAX HOMEFINDERS, SHIPPENSBURG, PA J. SUMMARY OF BORROWER'S TRANSACTION: K. SUMMARY OF SELLER'S TRANSACTION: ioa. GROSS AMOUNT DUE FROM BORROWER 4oo.GROSS AMOUNT DUE TO SELLER 1o 1. Contract sales price 225000.00 401.Contract sales price 2 2 5 0 0 0. 0 0 102. Personal property 402.Personal property 103, Settlement charges to borrower (line 1400) 2 3 5 . 3 2 403. 104. 404. 105. 405. Adjustments for items paid b seller in advance Adjustments for items paid b seller in advance 106. City/Town tax to 4o6.City/Town tax to 107. County lax 12/22 05to12 31 05 9.76 407. County tax 12/22 05to12 31 05 9.76 106. Assessments to 4oa.Assessments to tog. 12/22/05to06/36 06 1020.91 409. 12 22 05to06 30/06 1020.91 110. to 410. t0 111. 411. 112. 412. 12o. GROSS AMOUNT DUE FROM BORROWER 226265.99 420.GROSS AMOUNT DUE TO SELLER 226030.67 zoo. AMOUNTS PAID BY OR IN BEHALF OF BORROWER Soo.RE000TIONS IN AMOUNT DUE TO SELLER 201. Deposit or earnest mono 10 0 0 . 0 0 5o1. Excess deposit see instructions 202. Principal amount of new loan(s) 180000.00 5o2.Settlement charges to seller (line 1400) 2 03 5 6 . 0 0 203. Existing loan(s) taken subject to 503.Exislin loan(s) taken subject to 204 504.Payoff of First Mortgage Loan NATIONAL CITY MTG.CO. 183445.12 205. 5o5.Payoff of Second Mortgage Loan 206. PROCEEDS FROM 2ND MTG. 44731.50 5o6. 207. 507. 206. Soo. 209. 509. Adjustments for items unpaid b seller Adjustments for items unpaid b seller 210. City/Town tax to 51o.City/Town Lax to 211. County tax to 511. County tax to 212. Assessments to 512. Assess men is to 213. to 513. t0 214. 514. 215. 515. 216. 516. 217. 517. 218 510. 219. 519. 22o. TOTAL PAID BY/FOR BORROWER 225731.50 520.TOTAL REDUCTION AMOUNT DUE SELLER 2 03 8 01.12 Soo. CASH AT SETTLEMENT FROM OR TO BORROWER 600.CASH AT SETTLEMENT TO OR FROM SELLER 3n 1 Gross amount due from borrower (line 120) 226265.99 601 Gross amount due to seller (line 420) 2 2 6 0 3 0. 6 7 302 Less amount paid by/for borrower (line 220) 225731.50 6o2.Less reduction amount due seller (line 520) 20.3$01.121 303 CASH (DQ FROM) ([ ] TO) BORROWER 534.49 603.CASH ( TO) 22m ) SELLER 22229.55 '-Buyer or Borrows r.% Signature Seller's Sig a ., V HUD-1 Rev. 5/66 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SETTLEMENT STATEMENT Paget L. SETTLEMENT CHARGES 91937 PAID FROM PAID FROM 700. TOTAL.SALES/BROKER'S COMMISSION bas9d an price $ 225000.00 5.0 BORROWER'S FUNDS AT SELLER'S FUNDS AT Division of Commission (line 700) as follows: Total: $11,250. 00 SETTLEMENT SETTLEMENT 701. $ 5625.00 to HALE REAL ESTATE 702. $ 5625.00 to RE MAX HOMEFINDERS .;.::;'"c.•;>.::zz'? i;':a ¢ . : 703. Commission paid at Settlement 112 5 0 . 00 704. 600. ITEMS PAYABLE IN CONNECTION WITH LOAN Bo i. Loan Origination Fee .250 % FIRST HORIZON HOME LOANS 450 .00 602. Loan Discount % Boa. Appraisal Fee to 804. Credit Report to 905, Lenders Inspection Fee eo6. COURIER FEE FIRST HORIZON HOME LOANS 15.00 807. UNDERWRITING FEE FIRST HORIZON HOME LOANS 250 .00 808. TAX SERVICE FEE TOTAL MTG. SOLUTION 90 . 00 Bog. FLOOD DETERMINATION FEE FEDERAL FLOOD 24 .00 e 10. COMMITMENT FED FIRST HORIZON HOME LOANS 2 5 0 .00 811. APPLICATION FEE FIRST HORIZON HOME LOANS 141.32 208.68 goo. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE go I, Interest from 12/22/05 to12 31 05 0$ 30.00/da 300.00 002, Mortgage Insurance Premium for mo. to 903. Hazard Insurance Premium for 1 rs.to 360 POC ERIE INS. 904, yrs. to 9os.ESCROWS FIRST HORIZON HOME LOANS 1196.94 moo. RESERVES DEPOSITED WITH LENDER FOR r 1001. Hazard Insurance 3 mo, a $ 3 0 . 0 0 /mo. a > €! "" 1002. Mortgage Insurance mo. ®$ /Mo. <:-a»>:•;:;?« 1003. City/Town lax mo. m $ /mo. 1004. County tax 11 mo. 0 $ 3 2 2 5 /mo. 1005. Assessments mo. a $ /mo. loo6. SCHOOL 7 mo. G $ 160.17 /mo. .. 1007. mo. a $ /mo. ooe, AGG. ADJ . mo. a $ /mo. 1100. TITLE CHARGES Itot. EMAIL CLOSING PACKAGE LIBERTY LAND TRANSFER IN 25.00 1102 EXPRESSMAILCLOSINGoPKG. LIBERTY LAND TRANSFER IN 9.00 Iio3. EXPRESS MAIL PAYOFF to LIBERTY LAND TRANSFER IN 9.00 1104. Title insurance binder to I to5. Document preparation to 1106. Notary fees to CASH 3 9. 0 0 12 .00 1107. Attorney's fees to ZULL INGER-DAV I S P. C. 8 5. 0 0 (includes above items No.:) I106.Title Insurance to LIBERTY LAND TRANSFER IN 1335. (includes above items No.:) 100,300,710,8.1 I log. Lender's covera e $ 180, 000 Owner's coveraga IIIO, $ 225 000 o"`s3: <st'.:""';: s:.> i.`va. i :` `•`•>`>: 's 3?f. IltI.END. LIBERTY LAND TRANSFER IN 200.00 1112 INS.CLOS. STEWART TITLE GUARANTY C 35.00 1113. 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording fees: Deed$ 38.50 Mortgage$ 72.50 Misc,$ 111.00 1202, City/county tax/stamps: Deed $ 2 2 5 0. 0 0 Mortgage $ 2 2 5 0. 0 0 1203 Slate lax/stamps: Deed $ 2 2 5 0. 0 0 Mortgage $ 2 2 5 0. 0 0 1204, 1205. 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Pest Inspection to CHAMBERLIN PEST 55.00 1302 to 1303. 1304. 1305. 1400. TOTAL SETTLEMENT CHARGES (enter on lines 103 and 502, Sections J and K) 2 3 5 . 3 2 20356 . 00 Parties agree Ihill no liability is assumed by Set Ilemenl Agent for the accuracy ul tolormation furnished by others as shown on the HUD-I SalllomeriI St aIomenl. Sri II larnnnl Agent horuby uxlaussly roserves the right to deposit any amounts collected for disbursement in an interest bearing account in a Federally insured Institution and to credit any interest su oarnud to its own arcomd as addhiuunl c-pensation lot its services in INS transaction. HUD CERTIFICATION OF BUYERS AND SELLERS I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, it Is a true and acc a stalemenl of all recoipls and disbursetnonls made on my account by me in this transaction. I furlhor certify that I have received a copy of the HUD- Settle 13uya1 or 6ormwer's Sjgnalure Seller's Signature eayer's Address 8 PR//ono: Seller's Now Address 8 Phone: Thr Wor • Selllem 1 is I.I.I. wI have prepared is a true and accurate account at this transaction. I have caused or will cause the lunds to be disbursed in a- lama with this si,,[,! in 1. Satllemanl A Data WARNING: It ae d c ma to knowingly make false statements to the United Slates on this or any sknllar Imm. Penalties upon conviction can include a line arid Imprisonment. For details see STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE A(S - 2K This fomn recommended and approved for, but notrestricted to use by, members ofthe Peansylvania Association ofREALTORS® (PAR). SELLER'S BUSrTS RELATIONSHIP WITH PA LICENSED BROKER BROKER (Company) __JA Lie (<Ff11- ?S?7qTt PHONE ADDRESS W . k1A) e? ST 2? 7- IX _,US go/06 PA FAX 'J 3,;R -:5 q & 3 BROKER IS THE AGENT FOR SELLER Designated Agent(s) for Seller, if applicable: OR Broker is NOT the Agent for Seller and is a/an: ? AGENT FORBUYER ? TRANSACTION LICENSEE BUYER'S BUSINESS RELATIONSHIP WITH PA LICENSED BROKER BROKER (Company) Zt')'I AX 0/n EY/ V /3,P RS PHONE ?' 13 ADDRESS i jli- F. K/A) 6 57`2 y i FAX S3Q , c43 kQ BROKER IS THE AGENT FOR BUYER Designated Agent(s) for Buyer, if applicable: OR Broker is NOT the Agent for Buyer and is a/an: 11 AGENT FOR SELI.ER ? SUBAGENT FOR SELLER ? TRANSACTION LICENSEE When the same Broker is Agent for Seller and Agent for Buyer, Broker is a Dual Agent All of Broker's licensees 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 1 1. This Agreement, dated ?eafl 3 SELLER(S): /17ark 4- Q iGt h ?dr'r 4 called "Seller," and / 5 BU SEER(S): n C n 9L ?L? ?t C? ??? ?/7 6 7 8 2. 9 10 11 12 13 14 15 3. 16 17 18 19 20 21 , is between __7 -1 called "Bayer." PROPERTY (198) Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: ALL THAT CERT0 AIN lot / ?ece-of gr? d oundvT? b ddmgs and improvements thereon erected, if any, known as: in the _r_0 W/USH/N of %!5 0 LA_7-H/ W'7't PTQAl County of ( uMA2EPL AIV L in the Commonwealth of Pennsylvania, Zip Code Identification (e.g., Tax ID #; Parcel #; Lot, Block; Deed Book, Page, Recording Date) ,39 --/3 -O/0& - //CO TERMS (1-02) (A) Purchase Price !/(l l? J? 1 11 /0K) ,? ` , /C_ T ? 1 ? /y T y E? VI-I?SIL) U.S. Dollars which will be paid to Seller by Buyer as follows: 1. Cash or check at signing this Agreement: $ 2. Cash or check within days of the execution of this Agreement: $ 3. $ 1aaa 00 22 4. Cash, cashier's or certified check at time of settlement: $ a 1/0 Coo, D° 23 TOTAL $ cod S :C??(7 , 24 (B) Deposits paid on account of purchase price to be held by Broker for Seller, unless otherwise stated here: 25 26 (C) Seller's written approval to be on or before: 12&L4&177,& F? 27 (D Settlement to be on 0&e &M1_3 Fes' .2A - a 6 nS' , or before if Buyer and Seller agree. 28 (E) Conveyance from Seller will be by fee simple deed of special warranty unless otherwise stated here: 29 30 (F) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here: 31 32 (G) At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing where 33 applicable: taxes (see Information Regarding Tax Proration); rents, interest on mortgage assumptions; condominium fees 34 and homeowner association fees, if any; water and/or sewer fees, if any, together with any other lienable municipal service. 'REPARED BY: THOMAS S. MITROS, BROKERIOWNER ?S-2K - Standard Agreement For The Sale Of Real Estate, 01 /02. Pennsylvania Association of REALTORSO *PYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 :ealFA$T® S re, 02 Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS uyer(s) In als Page 1 of 21 Selfer(s Initials 1 35 The charges are to be pio-rated for the period(s) covered: Seller will pay up to and including the date of settle'ment'. Buyej 36 will pay for all days following settlement, unless otherwise stated here: 37 38 4. FIXTURES & PERSONAL PROPERTY (1-00) 39 (A) INCLUDED in this sale and purchase price are all existing items permanently installed in the Property, free of liens, 40 including plumbing; heating; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa 41 equipment; garage door openers and transmitters; television antennas; shrubbery, plantings and unpotted trees; any remaining 42 heating and cooking fuels stored on the Property at the time of settlement; wall to wall carpeting; window covering hardware, 43 shades blinds; built-in air conditioners; built-in appliances- and the ran even unless otherwise stated Al . ed: 44 ?F2t6E ?9TO? DVS 01J61U Rod'8 ?rK 45 (B) LEASED items (not owned by Sell er): 46 47 (C) EXCLUDED fixtures and items: 48 49 5. DATES(TIME IS OF THE ESSENCE (1-02) 50 (A) The said date for settlement and all other dates and times referred to for the performance of any of the obligations of this 51 Agreement are agreed to be of the essence of this Agreement and are binding. 52 (B) For the purposes of this Agreement, number of days will be counted from the date of execution, by excluding the day this 53 Agreement was executed and including the last day of the time period. 54 (C) The date of settlement is not extended by any other provision of this Agreement and may only be extended by mutual 55 written agreement of the parties. 56 (D) Certain time periods are pre-printed in this Agreement as a convemence to the Buyer and Seller. Any pre-pried time 57 periods are negotiable and may be changed by striking out the pre-printed text and inserting a different time period 58 acceptable to all parties. 59 6. MORTGAGE CONTINGENCY (1-02) 60 ? WAIVED. This sale is NOT contingent on mortgage financing. 61 ELECTED 62 (A) This sale is contingent upon Buyer obtaining mortgage financing as follows: °- 63 1. Amount of mortgage loan $ 64 2. Minimum Term" 65 3. Type of mortgage /? ?/tJ E T/D/1L 66 4. Interest rate & A S %; however, Buyer agrees to accept the interest rate as may be committed by 67 the mortgage lender, not to exceed a maximum interest rate of '?_L %. 68 5. Discount points, loan origination, loan placement and other fees charged by the lender as a percentage of the mortgage 69 loan (excluding any mortgage insurance premiums or VA funding fee) not to exceed % (0% if not 70 specified) of the mortgage loan. 71 The interest rate and fees provisions required by Buyer are satisfied if a mortgage lender makes available to Buyer the right 72 to guarantee an interest rate at or below the Maximum Interest Rate specified herein with the percentage fees at or below 73 the amount specified herein. Buyer gives Seller the right, at Seller's sole option and as permitted by the mortgage lender 74 and applicable laws, to contribute financially, without promise of reimbursement, to the Buyer and/or mortgage lender to 75 make the above terms available to Buyer. 76 (B) Within 3 DAYS (10 days if not specified) of the execution of this Agreement, Buyer will make a completed, 77 written mortgage application for the mortgage terms specified above to a responsible mortgage lender. The Broker for 78 Buyer, if any, otherwise the Broker for Seller, is authorized to communicate with the mortgage lender for the 79 purposes of assisting in the mortgage loan process. 80 (C) 1. Mortgage commitment date 10,9d. ?o?i ,oZG?S _ If a written commitment is not received by Seller by 81 the above date, Buyer and Seller agree to extend the mortgage commitment date until Seller terminates this 82 Agreement in writing by notice to Buyer. 83 2. Upon receipt of a mortgage commitment, Buyer will promptly deliver a copy of the commitment to Seller. 84 3. Seller has the option to terminate this Agreement in writing, after the mortgage commitment date if the mortgage 85 commitment: 86 a. Is not valid until the date of settlement, OR 87 b. Is conditioned upon the sale and settlement of any other property, OR 88 c. Contains any other condition not specified in this Agreement that is not satisfied and/or removed in writing by 89 the mortgage lender within 7 DAYS after the mortgage commitment date in paragraph 6 (C) M. 90 4. If this Agreement is terminated as specified in paragraphs 6 (C) (1) or (3), or the mortgage loan is not obtained for 91 settlement, all deposit monies paid on account of purchase price will be returned to Buyer. Buyer will be responsible 92 for any premiums for mechanics' lien insurance and/or title search, or fee for cancellation of same, if any, AND/OR PREPARED BY: THOMAS S. MITROS, BROKER/OWNER A18-2K - Standard Agreement For The Sale Of Real Estate, 01/02. Pennsylvania Association of REALTORSO COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 ReaIFA$T0 Software, 02, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS Page 2 of 21 3uyer(s) Initials J Seller(s) Initials 93 any premiums for flood insurance, mine subsidence insurance and/or fire insurance with extended coverage, or 94 cancellation fee, if any, AND/OR any appraisal fees and charges paid in advance to the mortgage lender. 95 (D) If the mortgage lender requires repairs to the Property, Buyer will, upon receipt, deliver a copy of the mortgage lender's 96 requirements to Seller. Seller will, within 5 DAYS of receipt of the mortgage lender's requirements, notify 97 Buyer whether Seller will make the required repairs at Seller's expense. 98 1. If Seller chooses to make the required repairs, Buyer will accept the Property and agree to the RELEASE set forth in 99 paragraph 25 of this Agreement. 100 2. If Seller chooses not to make the required repairs, or if Seller fails to respond within the time given, Buyer will, 101 within 5 DAYS, notify Seller in writing of Buyer's choice to terminate this Agreement OR make the 102 required repairs at Buyer's expense and with Seller's permission, which will not be unreasonably withheld. If Seller 103 denies Buyer permission to make the required repairs, Buyer may, within 5 DAYS of Seller's denial, 104 terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned 105 promptly to Buyer and this Agreement will be VOID. 106 (E) Seller Assist 107 ? NOT APPLICABLE 108 APPLICABLE. Seller will pay: 109 ?W$ -? 5k S1!?) • maximum, toward Buyer's costs as permitted by the mortgage lender. 110 ? 111 FHA/VA, IF APPLICABLE 112 (F) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the 113 purchase of the Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless 114 Buyer has been given, in accordance with HUD/FHA or VA requirements, a written statement by the Federal Housing 115 Commissioner, Veterans Administration, or a Direct Endorsement Lender setting forth the appraised value of the 116 Property of not less than $ (the dollar amount to be inserted is the sales price as stated in this 117 Agreement). Buyer will have the privilege and option of proceeding with consummation of the contract without regard to 118 the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the 119 Department of Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the 120 Property. Buyer should satisfy himself/herself that the price and condition of the Property are acceptable. 121 Warning: Section 1010 of Title 18, U.S.C., Department of Housing and Urban Development and Federal Housing 122 Administration Transactions, provides, "Whoever for the purpose of ... influencing in any way the action of such 123 Department, makes, passes, utters, or publishes any statement, knowing the same to be false ... shall be fined under this 124 title or imprisoned not more than two years, or both" 125 (G) U.S, Department of Housing and Urban Development (HUD) NOTICE TO PURCHASERS: Buyer's 126 Acknowledgement 127 ? Buyer has received the HUD Notice 'For Your Protection: Get a Home inspection" (see Notices and Iufrarmation on 128 Property Condition Inspections). Buyer understands the importance of getting an independent home inspection and has 129 thought about this before signing this Agreement:. Buyer understands that FHA will not perform a home inspection nor 130 guarantee the price or condition of the Property. 131 Buyer's Initials Date 132 (I) Certification We the undersigned, Seller(s) and Buyer(s) party to this transaction each certify that the terms of this contract 133 for purchase are true to the best of our knowledge and belief; and that any other agreement entered into by any of these 134 parties m connection with this transaction is attached to this Agreement. 1357. INSPECTIONS (1-02) 136 (A) Seller agrees to permit inspections by authorized appraisers, reputable certifiers, insurer's representatives, surveyors, 137 municipal officials and/or Buyer as may be required by the mortgage lender, if ay, or insuring agencies. Seller further 138 agrees to permit any other inspections required by or provided for in the terms of this Agreement. Buyer has the right to 139 attend all inspections. 140 (B) Buyer reserves the right to make a pre-settlement walk-through inspection of the Property. Buyer's right to make this 141 inspection is not waived by any other provision of this Agreement. 142 (C) Seller will have heating and all utilities (including fuel(s)) on for the inspections. 143 (D) All inspectors, including home inspectors, are authorized by Buyer to provide a copy of any reports to Broker for Buyer. 1448. PROPERTY INSPECTION CONTINGENCY (7-04) 145 Other provisions of this Agreement may provide for inspections and/or certifications that are not waived or altered by Buyer's 146 $Q=. 147 Buyer understands that Buyer has the option to request inspecvtions of the Property (see Property Inspection 148 tices and Environmental Notices). BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 149 25 of this Agreement. 150 ? ELECTED 151 (A) Within DAYS (15 days if not specified) of the execution of this Agreement, Buyer, at Buyer's expense, may choose PREPARED BY: THOMAS S. MITROS, BROKER/OWNER k1S-2K - Standard Agreement For The Sale Of Real Estate, 01/02. Pennsylvania Association of REALTORSO 7,OPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 2ea1FA$T0 So 005, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS 3uyer(s) Initials Page S of 21 Seller(s) Initial, VW 152 to have inspections and/or certifications completed by licensed or otherwise qualified professionals (see Property Inspectioi 153 Notices and Environmental Notices). This contingency does not apply to the following existing conditions and/or items: 154 155 (B) Should Buyer elect to have a home inspection of the Property, as defined in the Pennsylvania Home Inspection Law, (se( 156 Information Regarding the Home Inspection Law) such home inspection shall be performed by a full member in goo( 157 standing of a national home inspection association, or by a person supervised by a full member of a national homc 158 inspection association, in accordance with the ethical standards and code of conduct or practice of that association, a license( 159 or registered professional engineer, or a licensed or registered architect. 160 (C) If Buyer is not satisfied with the condition of the Property as stated in any written report, Buyer will: 161 ? Option 1. Within the time given for completing inspections: 162 1. Accept the Property with the information stated in the report(s) and agree to the RELEASE set forth in paragraph 25 o: 163 this Agreement, OR 164 2. Terminate this Agreement in writing by notice to Seller, in which case all deposit monies paid on account of purchase 165 price will be returned promptly to Buyer and this Agreement will be VOID, OR 166 3. Enter into a mutually acceptable written agreement with Seller providing for any repairs or improvements to the 167 Property and/or any credit to Buyer at settlement, as may be acceptable to the mortage lender, if any. 168 Should efforts to reach a mutually acceptable agreement fail, Buyer must choose to accept the Property or terminate this 169 Agreement within the time given for completing inspections and according to the provisions in paragraph 170 8(C) (Option 1) 1 and 2. 171 ? Option 2. Within the time given for completing inspections: 172 1. Accept the Property with the information stated in the report(s) and agree to the RELEASE set forth in paragraph 25 of 173 this Agreement, UNLESS the total cost to correct the conditions contained in the report(s) is more than 174 $ 175 2. If the total cost to correct the conditions contained in the report(s) EXCEEDS the amount specified in paragraph 8(C) 176 (Option 2) 1, Buyer will deliver the report(s) to Seller within the time given for inspection. 177 a. Seller will, within 7 BAYS of receiving the report(s), inform Buyer in writing of Seller's choice to: 178 (1) Make repairs before settlement so that the remaining cost to repair conditions contained in the report(s) 179 is less than or equal to the amount specified in paragraph 8 (C) (Option 2) 1. 180 (2) Credit Buyer at settlement for the difference between the estimated cost of repairing the conditions 181 contained in the report(s) and the amount specified in paragraph 8 (C) (Option 2) 1. This option must be 182 acceptable to the mortgage lender, if any. 183 (3) Not make repairs and not credit Buyer at settlement for any costs to repair conditions contained in the 184 report(s)- 185 b. If Seller chooses to make repairs or credit Buyer at settlement as specified in paragraph 8 (C) (Option 2) 2, 186 Buyer will accept the Property and agree to the RELEASE set forth in paragraph 25 of this Agreement 187 c. If Seller chooses not to make repairs and not to credit Buyer at settlement, or if Seller fails to choose any 188 option within the time given, Buyer will, within 5 DAYS: 189 (1) Accept the Property with the information stated in the report(s) and agree to the RELEASE set forth in 190 paragraph 25 of this Agreement, OR 191 (2) Terminate this Agreement in writing by notice to Seller, in which case all deposit monies paid on 192 account of purchase price will be returned promptly to Buyer and this Agreement will be VOID. 193 9. WOOD INFESTATION INSPECTION CONTINGENCY (1-02) 194 ? WAIVED. Buyer understands that Buyer has the option to request that the Property be inspected for wood infestation by a 195 certified Pest Control Operator. BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of 196 this Agreement 197 ELECTED 198 (A Within DAYS (15 days if not specified) of the execution of this Agreement, Buyer, at Buyer's expense, will 199 obtain a written "Wood-Destroying Insect Infestation Inspection Report" from a certified Pest Control Operator and will 200 deliver it and all supporting documents and drawings provided by the Pest Control Operator to Seller. The report is to be 201 made satisfactory to and in compliance with applicable laws, martage lenders, and/or Federal Insuring and Guaranteeing 202 Agency requirements, if any. The inspection will include all readily visible and accessible areas of all structures on the 203 Property except the following structures, which will not be inspected: 204 205 (B) If the inspection reveals evidence of active infestation(s), Seller agrees, at Seller's expense and before settlement, to treat for 206 active infestation(s), in accordance with applicable laws. 207 (C) If the inspection reveals damage from active infestation(s) or previous infestation(s), Buyer, at Buyer's expense, has the option 208 to obtain a written report by a professional contractor, home inspection service, or structural engineer that is limited to 209 structural damage to the Property caused by wood-destroying organisms and a proposal to repair the damage. Buyer will 210 deliver the structural damage report and corrective proposal to Seller within 7 DAYS of delivering the original PREPARED BY: THOMAS S. MITROS, BROKERIOWNER A/S-2K - Standard Agreement For The Sale Of Real Estate, 01/02. Pennsylvania Association of REALTORSO COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS@ 2002 ReaIFA$T®S e, ®2005. Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS u Page 4 of 21 Buyer(s) Initials ') Seller(s) Initials -211 inspection report. 212 (D) Within 5 DAYS of receiving the structural damage report and correctiveproposal, Seller will advise Buyer whethe 213 Seller will repair, at Seller's expense and before settlement, any structural damage from active or previous infestation(s). 214 (E) If Seller chooses to repair structural damage revealed by the report, Buyer agrees to accept the Property as repaired and agree: 215 to the RELEASE set forth in paragraph 25 of this Agreement. 216 (F) If Seller chooses not to repair structural damage revealed by the report or fails to respond within the time given, Buyer 217 within 5 DAYS, will notify Seller in writing of Buyer's choice to: 218 1. Accept the Property with the defects revealed by the inspection, without abatement of price, and agree to the RELEASE 219 set forth in paragraph 25 of this Agreement, OR 220 2. Make the repairs before settlement, if required by the mortgage lender, if any, at Buyer's expense and with Seller': 221 permission, which will not be unreasonably withheld, in which case Buyer accepts the Property and agrees to the 222 RELEASE set forth in paragraph 25 of this Agreement. If Seller denies Buyer permission to make the repairs, Buyer 223 may, within 5 DAYS of Seller's denial, terminate this Agreement in writing, in which case all deposit 224 monies paid on account of purchase price will be returned promptly to Buyer and this Agreement will be VOID, OR 225 3. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned 226 promptly to Buyer and this Agreement will be VOID. 22710. RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT NOTICE REQUIRED FOR PROPERTIES 228 T BEFORE 1978 (1-02) 229 NOT APPLICABLE 230 APPLICABLE 231 (A) Seller represents that Seller has no knowledge concerning the presence of lead-based paint and/or lead-based paint 232 hazards in or about the Property, unless checked below. 233 ? Seller has knowledge of the presence of lead-based paint and/or lead-based paint hazards in or about the Property. 234 (Provide the basis for determining that lead based paint and/or hazards exist, the location(s), the condition of the 235 painted surfaces, and other available information concerning Seller's knowledge of the presence of lead-based paint 236 and/or lead-based paint hazards.) 237 238 (B) Records/Reports: Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in or 239 about the Property, unless checked below. 240 ? Seller has provided Buyer with all available records and reports pertaining to lead based paint and/or lead-based paint 241 hazards in or about the Property. (List documents) 242 243 (C) Buyer's Acinaowledgment: Buyer has received the pamphlet Protect Your Family from Lead in Your Home and has read 244 the Lead Warning Statement contained in this Agreement (See Environmental Notices). Buyer has reviewed Seller's 245 disclosure of known lead-based paint and/or leadbased paint hazards, as identified in paragraph 10(A) and has received the 246 records and reports pertaining to lead-based paint and/or lead based paint hazards identified in paragraph 10(B). 247 Buyer's Initials Date 248 (D) RISK ASSESSMENTANSPECTION: Buyer acknowledges that before Buyer is obligated to buy a residential dwelling 249 built before 1978, Buyer has 10 DAYS to conduct a risk assessment or inspection of the Property for the 250 presence of lead-based paint and/or lead-based paint hazards. 251 ? WAIVED. Buyer understands that Buyer has the right to conduct a risk assessment or inspection of the Property to 252 determine the presence of lead-based paint and/or lead-based paint hazards. BUYER WAIVES THIS RIGHT and agrees to 253 the RELEASE set forth in paragraph 25 of this Agreement. 254 ? ELECTED 255 1. Buyer, at Buyer's expense, chooses to obtain a risk assessment and/or inspection of the Property for lead-based paint 256 and/or lead-based paint hazards. The risk assessment and/or inspection will be completed within 10 DAYS 257 of the execution of this Agreement. 258 2. Within the time set forth above for obtaining the risk assessment and/or inspection of the Property for 259 lead-based paint and/or lead-based paint hazards, Buyer may deliver to Seller a written list of the specific 260 hazardous conditions cited in the report and those corrections requested by Buyer, along with a copy of the risk 261 assessment and/or inspection report. 262 3. Seller may, within 7 DAYS of receiving the list and report(s), submit a written corrective proposal to Buyer. 263 The corrective proposal will include, but not be limited to, the name of the remediation company and a projected 264 completion date for corrective measures. Seller will provide certification from a risk assessor or inspector that 265 corrective measures have been satisfactorily completed on or before the projected completion date. 266 4. Upon receiving the corrective proposal, Buyer, within 5 DAYS, will: 267 a. Accept the corrective proposal and the Property in writing, and agree to the RELEASE set forth in paragraph 268 25 of this Agreement, OR 269 b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will 270 be returned promptly to Buyer and this Agreement will be VOID. PREPARED BY: THOMAS S. MITROS, BROKERIOWNER VS-2K - Standard Agreement For The Sale Of Real Estate, 01/02. Pennsylvania Association of REALTORS@ -OPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 'iealFAST® 005, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS J I/ 'suyer(s) 1 ' 'als !K? Page 5 of 21 X tials 271 5. Should Seller fail to submit a written corrective proposal within the time set forth in paragraph.10(D)3 oft this 272 Agreement, Buyer, within 5 DAYS, will: 273 a. Accept the Property in writing, and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 274 b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price 275 will be returned promptly to Buyer and this Agreement will be VOID. 276 6. Buyer's failure to exercise any of Buyer's options within the time limits specified in this paragraph will 277 constitute a WAIVER of this contingency and Buyer accepts the Property and agrees to the RELEASE set forth 278 in paragraph 25 of this Agreement. 279 (E) Certification: By signing this Agreement, Buyer and Seller certify the accuracy of their respective statements, to the best of 280 their knowledge. 28111. STATUS OF RADON (1-02) 282 (A) Seller-represents that Seller has no knowledge concerning the presence or absence of radon unless checked below. 283 ? 1. Seller has knowledge that the Property was tested on the dates, by the methods (e.g., charcoal canister, alpha track, 284 etc.), and with the results of all tests indicated below. 285 DATE TYPE OF TEST RESULTS (picocuries/liter or working levels) 286 287 288 COPIES OF ALL AVAILABLE TEST REPORTS will be delivered to Buyer with this Agreement. SELLER DOES 289 NOT WARRANT EITHER THE METHODS OR RESULTS OF THE TESTS. 290 ? 2. Seller has knowledge that the Property underwent radon reduction measures on the date(s) and by the method(s) 291 indicated below: 292 DATE RADON REDUCTION METHOD 293 294 295 RADON INSPECTION CONTINGENCY 296 WAIVED. Buyer understands that Buyer has the option to request that the Property be inspected for radon by a certified 297 inspector (see Environmental Notices: Radon). BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth 298 in paragraph 25 of this Agreement. 299 ? ELECTED. Buyer, at Buyer's expense, has the option to obtain, from a certified inspector, a radon test of the Property, and 300 will deliver a copy of the test report to Seller within DAYS (15 days if not specified) of the execution of 301 this Agreement. (See Environmental Notices: Radon) 302 1. If the test report reveals the presence of radon below 0.02 working levels (4 picocuries/liter), Buyer accepts the 303 Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement. 304 2. If the test report reveals the presence of radon at or exceeding 0.02 working levels (4 picocuries/liter), Buyer will, 305 within 7 DAYS of receipt of the test results: 306 ? Option 1 307 a. Accept the Property m writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 308 b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be 309 returned promptly to Buyer and this Agreement will be VOID, OR 310 c. Submit a written, corrective proposal to Seller. The corrective proposal will include, but not be limited to, the name 311 of the certified mitigation company; provisions for payment, including retests; and a projected completion date for 312 corrective measures. 313 (1) Within 5 DAYS of receiving the corrective proposal, Seller will: 314 (a) Agree to the terms of the corrective proposal in writing, in which case Buyer accepts the Property and agrees 315 to the RELEASE set forth in paragraph 25 of this Agreement, OR 316 (b) Not agree to the terms of the corrective proposal. 317 (2) Should Seller not agree to the terms of the corrective proposal or if Seller fails to respond within the time given, 318 Buyer will, within 5 DAYS, elect to: 319 (a) Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 320 (b) Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will 321 be returned promptly to Buyer and this Agreement will be VOID. 322 ? Option 2 323 a. Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 324 b. Submit a written, corrective proposal to Seller. The corrective proposal will include, but not be limited to, the name of 325 the certified mitigation company; provisions for payment, including retests; and a projected completion date for 326 corrective measures. Seller will pay a maxi*m,m of $ toward the total cost of remediation and 327 retests, which will be completed by settlement. 328 (1) If the total cost of remediation and retests EXCEEDS the amount specified in paragraph 11(B) (Option 2) b, Seller 329 will, within 5 DAYS of receipt of the cost of remediation, notify Buyer in writing of Seller's choice to: PREPARED BY: THOMAS S. MITROS, BROKERIOWNER AIS-2K - Standard Agreement For The Sale Of Real Estate, 01102. Pennsylvania Association of REALTORSO COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 Rea1FA$T® S Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS Buyer(s) In als fff 111 Pag 6 of 21 nn Seller( Initials _330 (a) Pay for the total cost of remediation and retests, in which case Buyer accepts the Property and agrees to the 331 " RELEASE set forth in paragraph 25 of this Agreement, OR 332 (b) Contribute toward the total cost of remediation and retests only the amount specified in paragraph II(B; 333 (Option 2) b. 334 (2) If Seller chooses not to pay for the total cost of remediation and retests, or if Seller fails to choose either option 335 within the time given, Buyer will, within 5 DAYS, notify Seller in writing of Buyer's choice to: 336 (a) Pay the difference between Seller's contribution to remediation and retests and the actual cost therot in which 337 case Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR 338 (b) Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be 339 returned promptly to Buyer and this Agreement will be VOID. 340 12. STATUS OF WATER (1-02) 341 (A) Seller represents that the Property is served by: 342 ? Public Water 343 On site Water 344 Community Water 345 ? None 346 ? 347 WATER SERVICE INSPECTION CONTINGENCY 348 WAIVED. Buyer acknowledges that Buyer has the option to request an inspection of the water service for the Property. 349 BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement 350 ? ELECTED 351 1. Buyer has the option, within DAYS (15 days if not specified) of the execution of this Agreement and 352 at Buyer's expense, to deliver to Seller a written inspection report by a qualified, professional water testing company 353 of the quality and/or quantity of the water service. 354 2. Seller agrees to locate and provide access to the on-site (or individual) water system, if applicable, at Seller's expense, 355 if required by the inspection company. Seller also agrees to restore the Property, at Seller's expense, prior to settlement 356 3. If the report reveals that the water service does not meet the minimum standards of any applicable governmental. 357 authority and/or fails to satisfy the requirements for quality and/or quantity set by the mortgage lender, if any, then 358 Seller will, within 7 DAYS of receipt of the report, notify Buyer in writing of Seller's choice to: 359 a. Upgrade the water service to the minimum acceptable levels, before settlement, in which case Buyer accepts the 360 Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR 361 b. Not upgrade the water service. 362 4. If Seller chooses not to upgrade the service to minimum acceptable levels, or fails to respond within the time given, 363 Buyer will, within 5 DAYS, either: 364 a. Accept the Property and the water service and, if required by the mortgage lender, if any, and/or any 365 governmental authority, upgrade the water service before settlement or within the time required by the mortgage 366 lender, if any, and/or any governmental authority, at Buyer's expense and with Seller's permission, which will 367 not be unreasonably withheld, and agree to the RELEASE set forth in paragraph 25 of this Agreement. If Seller 368 denies Buyer permission to upgrade the water service, Buyer may, within 5 DAYS of Seller's 369 denial, terminate this Agreement in writing. If Buyer terminates this Agreeement, all deposit monies paid on 370 account of purchase price will be returned 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 372 be returned promptly to Buyer and this Agreement will be VOID. 373 13. STATUS OF SEWER (1-02) 374 (A) Seller represents that the Property is served by: 375 ? Public Sewer 376 Individual On-lot Sewage Disposal System (See Sewage Notice 1) 377 Individual On-lot Sewage Disposal System in Proximity to Well (See Sewage Notice 1; see Sewage Notice 4, if 378 applicable) 379 ? Community Sewage Disposal System 380 ? Ten-acre Permit Exemption (See Sewage Notice 2) 381 ? Holding Tank (See Sewage Notice 3) 382 ? None (See Sewage Notice 1) 383 ? None Available/Permit Limitations in Effect (See Sewage Notice 5) 384 ? 385 INDIVIDUAL ON-LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY 386 WAIVED. Buyer acknowledges that Buyer has the option to request an individual on-lot sewage disposal inspection of the 387 Property. BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement. 'REPARED BY: THOMAS S. METROS, BROKER/OWNER VS-2K - Standard Agreement For The Sale Of Real Estate, 01/02. Pennsylvania Association of REALTORSO :OPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 ' 2ealFA$T0 S 02005, Version 6.16. Software Registered to: THOMAS S METROS, RE/MAX HOMEFINDERS 3uyer(s) In' als A Page 7 of 21 Sel7 388 ELECTED 389 1. Buyer has the option, within DAYS (15 days if not specified) of the execution of this Agreement. any 390 at Buyer's expense, to deliver to Seller a written inspection report by a qualified, professional inspector of th( 391 individual on-lot sewage disposal system. 392 2. Seller, at Seller's expense, agrees, if and as required by the inspection company, to locate, provide access to, and empty 393 the individual on-lot sewage disposal system. Seller also agrees to restore the Property, at Seller's expense, prior tc 394 settlement. 395 3. If the report reveals defects that do not require expansion or replacement of the existing sewage disposal system, Sellej 396 will, within 7 DAYS of receipt of the report, notify Buyer in writing of Seller's choice to: 397 a. Correct the defects before settlement, including retests, at Seller's expense, in which case Buyer accepts the 398 Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR 399 b. Not correct the defects. 400 4. If Seller chooses not to correct the defects, or if Seller fails to respond within the time given, Buyer will, within 401 5 DAYS, either: 402 a. Accept the Property and the system and, if required by the mortgage lender, if any, and/or any governmental 403 authority, correct the defects before settlement or within the time required by the mortgage lender, if any, 404 and/or any governmental authority, at Buyer's sole expense and with Seller's permission, which will not be 405 unreasonably withheld, and agree to the RELEASE set forth in paragraph 25 of this Agreement. If Seller 406 denies Buyer permission to correct the defects, Buyer may, within 5 DAYS of Seller's denial, 407 terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will 408 be returned promptly to Buyer and this Agreement will be VOID, OR 409 b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will 410 be returned promptly to Buyer and this Agreement will be VOID. 411 5. If the report reveals the need to expand or replace the existing individual on lot sewage disposal system, Seller may, 412 within 25 DAYS of receipt of the report, submit a corrective proposal to Buyer. The corrective proposal 413 will include, but not be limited to, the name of the remediation company; provisions.for payment, including retests; 414 and a projected completion date for corrective measures. Within 5 DAYS of receiving Seller's corrective 415 proposals, or if no corrective proposal is received within the time given, Buyer will: 416 a_ Agree to the terms of the corrective proposal, if any, in writing, in which case Buyer accepts the Property and 417 agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR 418 b. Accept the Property and the system and, if required by the mortgage lender, if any, and/or any governmental 419 authority, correct the defects before settlement or within the time required by the mortgage lender, if any, 420 and/or any governmental authority, at Buyer's sole expense and with Seller's permission, which will not be 421 unreasonably withheld, and agree to the RELEASE set forth in paragraph 25 of this Agreement. If Seller 422 denies Buyer permission to correct the defects, Buyer may, within 5 DAYS of Seller's denial, 423 terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be 424 returned promptly to Buyer and this Agreement will be VOID, OR 425 c. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will 426 be returned promptly to Buyer and this Agreement will be VOID. 427 14. NOTICES, ASSESSMENTS & CERTIFICATES OF OCCUPANCY (7-04) 428 (A) Seller represents, as of Seller's execution of this Agreement, that no public improvement, condominium or homeowner 429 association assessments have been made against the Property which remain unpaid and that no notice by any government or 430 public authority has been served upon Seller or anyone on Seller's behalf; mch hng notices relating to violations of caning, 431 housing, building, safety or fire ordinances which remain uncorrected, and that Seller knows of no condition that would 432 constitute violation of any such ordinances which remains uncorrected, unless otherwise specified here: 433 434 (B) Seller knows of no other potential notices (including violations) and assessments except as follows: 435 436 (C) In the event any notices (including violations) and assessments are received after execution of this Agreement and before 437 settlement, Seller will notify Buyer in writing, within 5 DAYS ofreceivingthenotice or assessment, that SellerwiU: 438 1. Comply with notices and assessments at Seller's expense, in which case Buyer accepts the Property and agrees to the 439 RELEASE set forth in paragraph 25 of this Agreement, OR 440 2. Not comply with notices and assessments at Seller's expense. 441 3. If Seller chooses not to comply with notices and assessments, or fails within the time given to notify Buyer if Seller 442 will comply, Buyer will notify Seller within 5 DAYS in writing that Buyer will either: 443 a. Comply with the notices and assessments at Buyer's expense and agree to the RELEASE set forth in paragraph 444 25 of this Agreement, OR 445 b. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned 446 promptly to Buyer and this Agreement will be VOID. 447 If Buyer fails to notify Seller within the time given, Buyer accepts the Property and agrees to the PREPARED BY: THOMAS S. MITROS, BROKERIOWNER A/S-2K - Standard Agreement For The Sale Of Real Estate, 01/02. Pennsylvania Association of REALTORSO COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS® 2002 RealFA$TV Softvlf 02005, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS 1 / !/ 1 It J Page 8 of 2' Buyer(s) in" als n / Seller(s) Initial: 448 RELEASE set forth in paragraph 25 of this Agreement. 449' (D) Buyer is advised that access to a public road may require issuance of a highway occupancy permit from the Department of 450 Transportation. 451 (E) If required by law, within 15 DAYS of the execution of this Agreement Seller will order for delivery to Buyer, 452 on or before settlement: 453 1. A certification from the appropriate municipal department or departments disclosing notice of any uncorrected violation 454 of zoning, housing, building, safety or fire ordinances, AND/OR 455 2. A certificate permitting occupancy of the Property. In the event repairs/improvements are required for the issuance of 456 the certificate, Seller will, within 5 DAYS of Seller's receipt of the requirements, notify Buyer of the 457 requirements and whether Seller will make the required repairs/improvements at Seller's expense. 458 If Seller chooses to make the required repairsdurprovements, Buyer agrees to accept the Property as repaired and agrees to 459 the RELEASE set forth in paragraph 25 of this Agreement. If Seller chooses not to make the required repairs/improvements, 460 Buyer will, within 5 DAYS, notify Seller in writing of Buyer's choice to terminate this Agreement OR make the 461 repairs/improvements at Buyer's expense and with Seller's permission, which will not be unreasonably withheld. If Seller 462 denies Buyer permission to make the required repairs or if Seller fails to respond within the time given, Buyer may, 463 within 5 DAYS, terminate this Agreement in writing, in which case all deposit monies paid on account of 464 purchase price will be returned promptly to Buyer and this Agreement will be VOID. 465 (F) The Property is not a "recreational cabin" as defined in the Pennsylvania Construction Code Act unless otherwise stated here 466 (see Notice: Regarding Recreational Cabins): 46715. TITLE, SURVEYS, & COSTS (1-02) 468 (A) The Property is to be conveyed free and clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the 469 following: existing deed restrictions, historic preservation restrictions or ordinances, building restrictions, ordinances, 470 easements of roads, easements visible upon the ground, easements of record, privileges or rights of public service companies, 471 if any, otherwise the title to the above described real estate will be good and marketable and such as will be insured by a 472 reputable Title Insurance Company at the regular rates. 473 (B) Buyer will pay for the following: (1) Tittle search, title insurance and/or mechanics lien insurance, or fee for cancellation 474 of same, if any, (2) Flood insurance, fire insurance with extended coverage, mine subsidence insurance, and fee for 475 cancellation of same, if any, (3) Appraisal fees and charges paid in advance to mortgage lender, if any, (4) Buyer's 476 customary settlement costs and accruals. 477 (C) Any survey or surveys which may be required by the Title Insurance Company or the abstracting attorney for the preparation 478 of an adequate legal description of the Property (or the correction thereof) will be secured and paid for by Seller. Any 479 survey or surveys desired by Buyer or required by the mortgage lender will be secured and paid for by Buyer. 480 (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 481 at the regular rates, as specified in paragraph 15(A), Buyer will have the option of: (1) taking such title as Seller can give 482 with no change to the purchase price; or (2) being repaid all monies paid by Buyer to Seller on account of purchase price 483 and being reimbursed by Seller for any costs incurred by Buyer for any inspections or certifications obtained according to 484 the terms of the Agreement, and for those items specified in paragraph 15(B) items (1), (2), (3) and in paragraph 15(C), in 485 which case there will be no further liability or obligation on either of the parties hereto and this Agreement will became VOID. 486 16. ZONING CLASSIFICATION (1-02) 487 Failure of this Agreement to contain the zoning classification (except in cases where the property {and each parcel thereof, if 488 subdividable) is zoned solely or primarily to permit single-family dwellings) will render this Agreement voidable at the option 489 of the Buyer, and, if voided, any deposits tendered try Buyer will be returned to the Buyer without any requirement for 490 court action. -,? 491 Zoning Classification: 492 0 ELECTED. Within 15 DAYS of the ex tion o this Agreement, Buyer will verify that the existing use of the 493 Property as ispermitted- 494 In the event the use is not permitted, Buyer will, within the time given for verification, notify Seller in writing that the 495 existing use of the Property is not permitted and this Agreement will be VOID, in which case all deposit monies paid on 496 account of purchase price will be returned promptly to Buyer. Buyer's failure to respond within the time given will 497 constitute a WAIVER of this contingency and all other terms of this Agreement remain in full force and effect. 498 17. AL NOTICE 499 NOT APPLICABLE 500 ?` APPLICABLE 501 THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND 502 RIGHTS OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE 503 OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL SUCH COAL 504 AND IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, 505 BUILDING OR MIE R STRUCTURE ON OR IN SUCH LAND. (This notice is set forth in the manner provided in Section 1 506 of the Act of July 17, 1957, P.L. 984.) "Buyer acknowledges that he may not be obtaining the right of protection against PREPARED BY: THOMAS S. MITROS, BROKERIOWNER AIS-2K - Standard Agreement For The Sale Of Real Estate, 01/02. Pennsylvania Association of REALTORS® COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 Rea1FA$T0 So Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS Buyer(s) [nit Is ? Page 9 of 21 Seller(s) Initials 507 subsidence resulting from coal mining operations, and that the property described herein may be protected from damage due tc 508 mine subsidence by a private contract with the owners of the economic interests in the coal. This acknowledgment is made fo 509 the purpose of complying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation 510 Act of April 27, 1966." Buyer agrees to sign the deed from Seller which deed will contain the aforesaid provision. 511 18. POSSESSION (1-02) 512 (A) Possession is to be delivered by deed, keys and: 513 1. Physical possession to vacant Property free of debris, with all structures broom-clean, at day and time of settlement 514 AND/OR 515 2. Assignment of existing lease(s), together with any security deposits and interest, at time of settlement, if Property is 516 leased at the execution of this Agreement or unless otherwise specified herein. Buyer will acknowledge exislin .517 lease(s) by initialing said leases(s) at time of execution of this Agreement. 518 (B) Seller will not enter into any new leases, written extension of existing leases, if any, or additional leases for the Property 519 without the written consent of Buyer. 52019. RECORDING (3-85) This Agreement will not be recorded in the Office for the Recording of Deeds or in any other office of 521 place of public record and if Buyer causes or permits this Agreement to be recorded, Seller may elect to treat such act as a 522 breach of this Agreement- 523 20. -ASSIGNMENT (3-85) This Agreement will be binding upon the parties, their respective heirs, personal representatives, 524 guardians and successors, and to the extent assignable, on the assigns of the parties hereto, it being expressly understood, 525 however, that Buyer will not transfer or assign this Agreement without the written consent of Seller. 52621. DEPOSIT & RECOVERY FUND (1-02) 527 (A) Deposits paid by Buyer within 30 DAYS of settlement will be by cash, cashier's or certified check. Deposits, 528 regardless of the form of payment and the person designated as payee, will be paid in U.S. Dollars to Broker or party 529 identified in paragraph 3(B), who will retain them in an escrow account until consummation or termination of this 530 Agreement in conformity with all applicable laws and regulations. Any uncashed check tendered as deposit monies may 531 be held pending the acceptance of this offer. 532 (B) Upon termination of this Agreement, the Broker holding the deposit monies will release the deposit monies in accordance 533 with the terms of a fully executed written agreement between Buyer and Seller. 534 (C) In the event of a dispute over entitlement to deposit monies, a broker holding the deposit monies is required by the Rules 535 and Regulations of the State Real Estate Commission (49 Pa. Code §35.327) to retain the monies in escrow until the dispute 536 is resolved. In the event of litigation for the return of deposit monies, a broker will distribute the monies as directed by a final 537 order of court or the written Agreement of the parties. Buyer and Seller agree that, in the event any broker or affiliated 538 licensee is joined in litigation for the return of deposit monies, the attorneys' fees and costs of the broker(s) and licensee(s) 539 will be paid by the party joining them. 540 (D) A Real Efate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a 541 Pennsylvania real estate licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been 542 unable to collect the judgment after exhausting all legal and equitable remedies. For complete details about the Fund, call 543 (717) 783-3658, or (800) 822-2113 (within Pennsylvania) and (717) 7834854 (outside Pennsylvania). 544 22. NDONIINIUM / PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) RESALE NOTICE (1-02) 545 NOT APPLICABLE 546 8k APPLICABLE: CONDOMD 1UM. Buyer acknowledges that the Property is a unit of a condominium that is primarily run 547 by a unit owners' association. §3407 of the Uniform Condominium Act of Pennsylvania requires Seller to furnish Buyer 548 with a Certificate of Resale and copies of the condominium declaration (other than plats and plans), the bylaws, and the 549 rules and regulations of the association. 550 ? APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOCIATION). Buyer ackmowledges that the Property is 551 part of a planned community as defined by the Uniform Planned Community Act (See Definition of Planned Community 552 Notice). §5407(a) of the Act requires Seller to firrnish Buyer with a copy of the Declaration (other than plats and plans), the 553 bylaws, the rules and regulations of the association, and a Certificate containing the provisions set forth in §5407(a) of the 554 Act. 555 THE FOLLOWING APPLIES TO PROPERTIES THAT ARE PART OF A CONDOMINIUM OR A PLANNED 556 COMMUNITY. 557 (A) Within 15 DAYS of the execution of this Agreement, Seller will submit a request to the association for a Certificat, 558 of Resale and the documents necessary to enable Seller to comply with the Act. The Act provides that. the association is 559 required to provide these documents within 10 days of Seller's request. 560 (B) Seller will promptly deliver to Buyer all documents received from the association. Under the Act, Seller is not liable to 561 Buyer for the failure or delay of the association to provide the Certificate in a timely manner, nor is Seller liable to Buyer 562 for any erroneous information provided by the association and included in the Certificate. 563 (C) Buyer may declare this Agreement VOID at any time before Buyer's receipt of the association documents and for 5 days 564 thereafter, OR until settlement, whichever occurs first. Buyer's notice declaring this Agreement void must be in writing, 565 thereafter all deposit monies will be returned to Buyer. PREPARED BY: THOMAS S. MITROS, BROKER/OWNER A/S-2K - Standard Agreement For The Sale Of Real Estate, 01102. Pennsylvania Association of REALTORSO COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 Buyer( $T® SI Mf)el Ver sion 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFlNDERS Buyer(s) Initi Is Page 10 of 2' ??? C?Initial! 566 (D) In the event the association has the right to buy the Property (right of first refusal), and the association exercises that right 567 Seller will reimburse Buyer for all monies paid by Buyer on account of purchase price and for any costs incurred by Buye. 568 for: (1) Title search, title insurance and/or mechanics lien insurance, or fee for cancellation of same, if any: (2) Flooc 569 insurance and/or fire insurance with extended coverage, mine subsidence insurance, or fee for cancellation of same, i ,570 any, (3) Appraisal fees and charges paid in advance to mortgage lender, if any. 57123. MAINTENANCE & RISK OF LOSS (1-02) 572 (A) Seller will maintain the Property, grounds, fixtures, and any personal property specifically scheduled herein in its presen 573 condition, normal wear and tear excepted. 574 (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 575 Seller will promptly notify Buyer in writing of Seller's choice to: 576 1. Repair or replace the failed system or appliance before settlement or credit Buyer at settlement for the fair market value 577 of the failed system or appliance (this option must be acceptable to the mortgage lender, if any). In each case, Buyej 578 accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR 579 2. Not repair or replace the failed system or appliance, and not credit Buyer at settlement for the fair market value of the 580 failed system or appliance. If Seller does not repair, replace or offer a credit for the failed system or appliance, 581 or if Seller fails to notify Buyer of Seller's choice, Buyer will notify Seller in writing within 582 5 DAYS or before settlement, whichever is sooner, that Buyer will: 583 a. Accept the Property and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 584 b. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned 585 promptly to Buyer and this Agreement will be VOID. 586 (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 587 casualties to any property included in this sale that is not repaired or replaced prior to settlement, Buyer will have the option 588 of rescinding this Agreement and promptly receiving all monies paid on account of purchase price or of accepting the 589 Property in its then condition together with the proceeds of any insurance recovery obtainable by Seller. Buyer is hereby 590 notified that Buyer may insure Buyer's equitable interest in this Property as of the time of execution of this Agreement 59124. WAVER OF CONTINGENCIES (1-02) 592 If this Agreement is contingent on Buyers right to inspect and/or repair the Property, Buyer's failure to exercise any of 593 Buyer's options within the time limits set forth in this Agreement will constitute a WAIVER of that contingency and 594 Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement 59525. RELEASE (1-02) 596 Buyer hereby releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES, 597 and any OFFICER or PARTNER of any one of them and any other PERSON, FIRM, or CORPORATION who may be 598 liable by or through them, from any and all claims, losses or demands, including, but not limited to, personal injuries and 599 property damage and all of the consequences thereof, whether now known or not, which may arise from the presence of 600 termites or other wood-boring insects, radon, lead-based paint hazards, environmental hazards, any defects in the 601 individual on-lot sewage disposal system or deficiencies in the on-site water service system, or any defects or conditions 602 on the Property. Should Seller be in default under the terms of this Agreement, this release does not deprive Buyer of 603 any rights to pursue any remedies that may be available under law or equity. This release will survive settlement. 604 26. REPRESENTATIONS (1-02) 605 (A) Buyer understands that any representations, claims, advertising, promotional activities, brochures or plans of any ]rind made 606 by Seller, Brokers, their licensees, employees, officers or partners are not a part of this Agreement unless expressly 607 incorporated or stated in this Agreement It is farther understood that this Agreement contains the whole agreement 608 between Seller and Buyer and there are no other terms, obligations, covenants, representations, statements or conditions, 609 oral or otherwise of any kind whatsoever concerning this sale. Furthermore, this Agreement will not be altered, amended, 610 changed, or modified except in writing executed by the parties. 611 (B) It is understood that Buyer has inspected the Property before signing this Agreement (including fixtures and any 612 personal property specifically scheduled herein), or has waived the right to do so, and has agreed to purchase the 613 Property in its present condition unless otherwise stated in this Agreement Buyer aclmowledges that Brokers, their 614 licensees, employees, officers or partners have not made an independent examination or determination of the 615 structural soundness of the Property, the age or condition of the components, environmental conditions, the permitted 616 uses, or of conditions existing in the locale where the Property is situated; nor have they made a mechanical 617 inspection of any of the systems contained therein. 618 (C) Any repairs required by this Agreement will be completed in a workmanlike manner. 619 (D) Broker(s) may perform services to assist unrepresented parties in complying with the terms of this Agreement. 620 (E) The headings, captions, and line numbers in this Agreement are meant only to make it easier to find the paragraphs. 62127. DEFAULT (1-02) 622 (A) Seller has the option of retaining all sums paid by Buyer, including the deposit monies, should Buyer: 623 1. Fail to make any additional payments as specified in paragraph 3; OR 624 2. Furnish false or incomplete information to Seller, Broker(s), or the mortgage lender, if any, concerning Buyer's legal or 625 financial status, or fail to cooperate in the processing of the mortgage loan application, which acts would result in the PREPARED BY: THOMAS S. MITROS, BROKER/OWNER A/S-2K - Standard Agreement For The Sale Of Real Estate, 01/02. Pennsylvania Association of REALTORSO :?OPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 RealFA$TS PnID2(0o5. Version 6.16. Software Registered to: THOMAS S MrrROS, RE/MAX HOMEFINDERS 3uyer(s) Inr ` Page 11 of 21 Seller(s) initials 626 failure to obtain the approval of a mortgage loan commitment; OR 627 3. Violate or fail to fulfill and perform any other terms or conditions of this Agreement. 628 (B) Unless otherwise checked in paragraph 27 (C), Seller may elect to retain those sums paid by Buyer, including deposit 629 monies, in one of the following manners: 630 1. On account of purchase price, OR 631 2. As monies to be applied to Seller's damages, OR 632 3. As liquidated damages for such breach- 633 (C) Seller is limited to retaining sums paid by Buyer, including deposit monies, as liquidated damages. 634 (D ller retains all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to paragraph 27 (B) or 635 (C), Buyer and Seller will be released from further liability or obligation and this Agreement will be VOID. 63628. MEDIATION (7-96) 637 NOT AVAILABLE 638 WAIVED. Buyer and Seller understand that they may choose to mediate at a later date, should a dispute arise, but that 639 there will be no obligation on the part of any party to do so. 640 ? ELECTED 641 (A) Buyer and Seller will try to resolve any dispute or claim that may arise from this Agreement through mediation, 642 in accordance with the Rules and Procedures of the Home Sellers/Home Buyers Dispute Resolution System. Any 643 agreement reached through a mediation conference and signed by the parties will be binding. 644 (B) Buyer and Seller acknowledge that they have received, read, and understand the Rules and Procedures of the Home 645 Sellers/Home Buyers Dispute Resolution System. (See Mediation Notice.) 646 (C) This agreement to mediate disputes arising from this Agreement will survive settlement. 647 29. SPECIAL CLAUSES (1-02) 648 (A) The following are part of this Agreement if checked: 649 ? Sale & Settlement of Other Property ? Settlement of Other Property Contingency Addendum (PAR Form SOP) 650 Contingency Addendum (PAR Form SSP) ? Tenant-Occupied Property Addendum (PAR Form TOP) 651 ? Sale & Settlement of other Property ? 652 Contingency with Right to Continue ? 653 Marketing Addendum (PAR Form SSP-CM) ? Ile/ 654 655 656 657 Buyer and Seller admowledge receiving a copy of this Agreement at the time of signing. 658 659 NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Return by facsimile 660 transmission (FAX) of this Agreement, and all addenda, bearing the signatures of all parties, constitutes acceptance of this 661 Agreement. Parties t D this transaction are advised to consult an attorney before signing if they desire legal advice. 66 663 Buyer has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code § 35.336. Buyer has received a statement of Buyer's estimated dosing costs befor?signingthis Agreement. 66 Buyer has read and understands the notices and explanatory information set forth in this Agreement. 666 Buyer has received a Seller's Property Disclosure Statement before signing this Agreement, if required by law (see 667 Information Regarding the Real Estate Seller Disclosure Laws 668 Buyer has received the Deposit Money Notice (for cooperative sales when Broker for Seller is holding deposit money) 66 before signing this Agreement. 670 BUYERS MAILING ADDRESS: _,?LY/( ?1 GCs 671 a r 1'rZS 672 BUYER'S WITNESS ACT NUMBER(S): BUYER DATE 673 674 Seller hereby approves the above contract this (date) 1 Z- PREPARED BY: THOMAS S. MITROS, BROKER/OWNER A/S-2K - Standard Agreement For The Sale Of Real Estate, 01102. Pennsylvania Association of REALTORSO COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 ReaIFA$T® Software, ®2005, Version 6.16. Software Registered to: THOMAS S MITROS, REIMAX HOMEFINDERS Page 12 of 29 \ 71hl Is Seller(s nl ? l`?e 675 In consideration of the services rendered in procuring the Buyer, Seller agrees to pay the named Broker for Seller a fee of of/from th specified sale price. In the event the Buyer defaults hereunder, any monies paid on account will be divided r ,Seller, _ , Broker for Seller, but in no event will the sum paid to the Broker for Seller exceed the above specified Broker's f 676- 677 ? 6781--] ? Seller has received a statement of Seller's estimated closing costs before signing this Agreement. 679 El Seller has read and understands the notices and explanatory information set forth in this Agreement. Seller has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code § 35.336. 680 SELLER'S MAILING ADDRESS: 1t0 Roi c ?3 N -S> 681 682 SELLER'S CONTACT NUMBER(S): 683 684 Brokers'/Licensees' Certifications (check all that are applicable): 68511 Regarding Lead-Based Paint Hazards Disclosure: Required if Property was built before 1978: The undersigned Licensees 686 involved in this transaction, on behalf of themselves and their brokers, certify that their statements are true to the best of their 687 knowledge and belief. 688 Acknowledgment: The Licensees involved in this transaction have informed Seller of Seller's obligations under The Residential 689 Lead-Based Paint Hazard Reduction Act, 42 U. S. C. § 4852(d), and are aware of their responsibility to ensure compliance. 690 691 ? Regarding FHA Mortgages: The undersigned Licensees involved in this transaction, on behalf of themselves and their 692 brokers, certify that the terms of this contract for purchase are true to the best of their knowledge and belied and that any other 693 agreement entered into by any of these parties in connection with this transaction is attached to this Agreement. 694 6950 Regarding Mediation: The undersigned ? Broker for Seller ? Broker for Buyer agree to submit to mediation in accordance 696 with paragraph 28 of this Agreement 697 698 BROKER FOR SELLER 699 ACCEPTED BY 700 701 BROKER FOR BUYER (Co N 702 ACCEPTED BY DATF 'REPARED BY: THOMAS S. MITROS, BROKER/OWNER JS-2K - Standard Agreement For The Safe Of Real Estate, 01/02. Pennsylvania Association of REALTORSO :OPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO2002 ,eWFA$T® r 005, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS a?yer(s) In' als Page 1 of 21 lVA," NOTICES AND INFORMATION INFORMATION REGARDING TAX PRORATION For purposes of prorating real estate taxes, the "periods covered" by the tax bills are as follows: for all counties and municipalities it Pennsylvania, and for the Philadelphia, Pittsburgh, and Scranton school districts, the tax bills are for the period January 1 t( December 31. For all other school districts, the period covered by the tax bill is July 1 to June 30. COMMUNICATIONS WITH BUYER AND/OR SELLER Whenever this Agreement contains a provision that requires or allows communication/delivery to a Buyer, said provision shall be satisfied by communication/delivery to the Broker for Buyer, if any. If there is no Broker for Buyer, all such provisions may be satisfied only by communication/delivery being made directly to the Buyer, unless otherwise agreed to by the parties. Whenever this Agreement contains a provision that requires or allows communication/delivery to a Seller, said provision shall be satisfied by communication/delivery to the Broker for Seller, if any. If there is no Broker for Seller, all such provisions may be satisfied only by communication/delivery being made directly to the Seller, unless otherwise agreed to by the parties. NOTICE TO BUYERS SEEIONG MORTGAGE FINANCING The appraised value of the Property is used in determining the maximum amount of the loan and may be different from the purchase price and/or market value. NOTICES AND INFORMATION ON PROPERTY CONDITION INSPECTIONS U.S. Department of Housing and Urban Development FHA Loans: For Your Protection: Get a Home Inspection Why a Buyer Needs a Home Inspection A home inspection gives the buyer more detailed information about the overall condition of the home prior to purchase. In a home inspection, a qualified inspector takes an iu-depth, unbiased look at your potential new home to: • evaluate the physical condition: structure, constuction, and mechanical systems. • identify items that need to be repaired or replaced • estimate the remaining useful life of the major systems, equipment, structure, and finishes Appraisals are Different from Home Inspections An appraisal is different from a home inspection. Appraisals are for lenders, home inspections are for buyers. An appraisal is required for three reasons: • to estimate the market value of a house • to make sure that the house meets FHA minimum property standards/requirements • to make sure that the house is marketable FHA Does Not Guarantee the Value or condition of your Potential New Home If you find problems with your new home after closing, FHA can not give or lend you money for repairs, and FHA can not buy the home back from you- Radon Gas Testing The United States Environmental Protection Agency and the Surgeon General of the United States have recommended that all houses should be tested for radon. For more information on radon testing, call the National Radon Information Line at 1-800-SOS-Radon (1-800-644-6999). As with a home inspection, if you decide to test for radon, you may do so before signing your contract, or you may do so after signing the contract as long as your contract states the sale of the home depends on your satisfaction with the results of the radon test Be an Informed Buyer It is your responsibility to be an informed buyer. Be sure that what you buy is satisfactory in every respect. You have the right to carefully examine your potential new home with a qualified home inspector. You may arrange to do so before signing your contract, or may PREPARED BY: THOMAS S. MITROS, BROKER/OWNER A1S-2K- Standard Agreement For The Sale Of Real Estate, 01/02. Pennsylvania Association of REALTORS® COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO2002 RealFA$T;n?ZW 005, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS Page 14 of 21 3uyer(s) Seller(s) Initials nl? i ' do so aftersigningthe contract aslong asyourcontractstatesthat thesaleofthehomedependsontheinspection. PROPERTY INSPECTION NOTICES `Property Inspection: Inspections of the Property can be performed by professional contractors or a home inspector and may include inspections of structural components; roof; exterior windows and exterior doors; exterior siding, fascia, gutters, and downspouts; appliances; electrical, plumbing, heating, and cooling systems; water penetration; and any other items Buyer may select. Other inspections or certifications might include: Environmental Hazards (e.g., Mold, Indoor Air Quality, Asbestos, Underground Storage Tanks, etc.), Electromagnetic Fields, Wetlands Inspection, Flood Plain Verification, Property Boundary/Square Footage Verification, and any other items Buyer may select. Buyer is advised to investigate easements, deed and use restrictions (including any historic preservation restrictions or ordinances) that apply to the Property and to review local zoning ordinances. Flood Plains: If the Property is located in a flood plain, Buyer may be required to carry additional insurance. Property Boundary/Square Footage: Buyer is advised that Seller has not had the Property surveyed and that any fences, hedges, wails and other natural or constructed barriers may or may not represent the true boundary lines of the Property. Buyer is also advised that any numerical representations of square footage of the structure(s) and/or lot size are approximations only and may be inaccurate. Buyer is advised to engage a professional surveyor or obtain an independent measurement of the structure(s) and/or lot size if Buyer wishes to make this sale contingent on Buyer's approval of the Property's boundaries or square footage. Water Service: Buyer may elect to have the water service inspected by a professional water testing company. In addition, ou-site water service systems may have to meet certain quality and/or quantity requirements set by the municipality or the mortgage lender. Wood-Destroying Insect Infestation: Insects whose primary source of food is wood, such as termites, wood-boring beetles, carpenter ants, carpenter bees, and certain other insects, can cause damage to the wood structure of a residence. Termite and Pest Control companies are available to make inspections to determine whether wood-destroying insects are present Because of the way these insects function, damage to wood may be hidden. Careful selection should be made of skilled experts in the termite/pest control field to insure a proper determination of whether wood-boring insects or resultant damage is present Exterior Insulation and Finish Systems (EM): Exterior Insulation and Finish Systems - sometimes referred to as synthetic stucco - are multi-layered wall systems that are applied to the exterior of some homes. Poor or improper installation of E1FS may result in moisture penetrating the surface of a structure where it may cause damage to the building's frame. Leakage most frequently occurs near doors and windows, gutters, the roof connection, and at the lowermost edge of the exterior surface. Vulnerability to leakage depends on structure design as well as the expertise and application skills of the contractor. Damage caused by water intrusion may be both extensive and expensive to repair but may go undetected in the absence of an adequate inspection- Buyers purchasing homes with EIFS construction may seek to engage an inspector experienced in testing the EIFS related problems who can determine the moisture content of the buildings frame. INFORMATION REGARDING THE HOME INSPECTION LAW 68 Pa. C.S.A. §7501, et. seq. Applicability: In general, the Home Inspection Law applies to residential real estate transfers. A residential real estate transfer is defined as a sale, exchange, installment sales contact, lease with an option to buy, grant or other transfer of an interest in real property where NOT LESS THAN ONE AND NOT MORE THAN FOUR RESIDENTIAL DWELLING UNITS are urvolved. See Information Regarding The Real Estate Seller Disclosure Law (exceptions 1-8) for a list of exceptions to this general rule. Home Inspection: A noninvasive, visual examination of some combination of the mechanical, electrical or plumbing systems or the structural and essential components of a residential dwelling designed to identify material defects in those systems and components, and performed for a fee in connection with or preparation for aproposed or possible residential real estate transfer. The term also includes any consultation regarding the property that is represented to be a home inspection or that is described by any conh isingly similar term- The term does not include an examination of a single system or component of a residential dwelling such as, for example, its electrical or plumbing system or its roof The term also does not include an examination that is limited to inspection for, or of, one or more of the following. wood destroying insects, underground tanks and wells, septic systems, swimming pools and spas, alarm systems, air and water quality, tennis courts and playground equipment, pollutants, toxic chemicals and environmental hazards. The scope of a home inspection, the services to be performed and the systems and conditions to be inspected or excluded from inspection may be defimed by a contract between the home inspector and the client Home inspection report: A written report on the results of a home inspection- A home inspection report shall include: PREPARED BY: THOMAS S. MITROS, BROKER/OWNER 4/S-2K - Standard Agreement For The Sale OF Real Estate, 01102. Pennsylvania Association of REALTORSO 3OPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 2u000`5), Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS Rea]FA$Tr Buyer(s) In l s ) ? IVI-i Page 16 of 21 Seller(s) Initials ?0 (1) A description of the scope of the inspection, including without limitation an identification of the structural elements, systems all( subsystems covered by the report. (2) A description of any material defects noted during the inspection, along with any recommendation that certain experts be retainer to determine the extent of the defects and any corrective action that should be taken. A "material defect" that poses an unreasoaable risk to people on the property shall be conspicuously identified as such- A home inspector shall not express either orally or in writing an estimate of the cost to repair any defect found during a home inspection except that such an estimate may be included in a home inspection report if: (1) the report identifies the source of the estimate; (2) the estimate is stated as a range of costs; and (3) the report states that the parties should consider obtaining an estimate from a contractor who performs the type of repair involved. Seller shall have the right, upon request, to receive without charge a copy of any inspection report from the party for whom it was prepared- Home inspector: An individual who performs a home inspection. National home inspectors association: Any national association of home inspectors that.- (1) Is operated on a not-'or-profit basis and is not operated as afranchise. (2) Has members in more than ten states. (3) Requires that a person may not become a full member unless the person has performed or participated in more than 100 home inspections and has passed a recognized or accredited examination testing knowledge ofthe proper procedures for conducting a hoarse inspection. (4) Requires that its members comply with a code of conduct and attend contimung professional education classes as an ongoing condition of membership. A buyer shall be entitled to rely in good faith, without independent investigation, on a written representation by a home inspector that the home inspector is a full member m good standing of a national hoarse inspection association Material defect: A problem with a residential real property or any portion of it that would have a significant adverse impact on the value of the property or that involves an unreasonable risk to people on the property. The fact that a structural elemeirt, system or subsystem is near, at or beyond the end of the normal useful life of such a structural element, system or subsystem is not by itself a material defect. FMIRONMENTTAL NOTICES Asbestos: The heat-resistant and durable nature of asbestos makes it useful in construction and industry . The physical properties that give asbestos its resistance to heat and decay are linked with several adverse human health effects. Asbestos can easily break into microscopic fibers that can remain suspended in the air for long periods of time. When inhaled, these fibers easily penetrate body tissue. Asbestos is known to cause .Asbestosis and various forms of cancer. Inquiries or requests for mare information about asbestos can be directed to the U.S. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Ave., N.W., Washington, DC 20460, and/or the Department of Health, Commonwealth of Pennsylvania, Division of Environmental Health, Harrisburg, PA 17120. Electromagnetic Melds: Electromagnetic Fields (EMFs) occur around all electrical appliances and power lines. Conclusive evidence that FATS pose health risks does not exist at present, and Pennsylvania has no laws regarding this issue. Environmental Hazards: The U.S. Environmental Protection Agency has a list of hazardous substances, the use and disposal of which are restricted by law. Generally, if hazardous substances are found on a property, it is the property owne-es responsibility to dispose of them properly. For more information and a list of hazardous substances, contact U.S. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Ave., N.W., Washington, DC 20460, (202) 260-2090. Wetlands: Wetlands are protected by both the federal and state governments. Buyer may wish to have the Property inspected for wetlands by an environmental engineer to determine if permits for plans to build, improve, or develop the property would be affected or denied because of wetlands. Lead: (For Properties built before 1978) Lead Warning Statement: Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk PREPARED BY: THOMAS S. MITROS, BROKER/OWNER VS-2K- Standard Agreement For The Sale Of Real Estate, 01/02. Pennsylvania Association of REALTORS@ COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 2ealFA$T® Sofiwar , RVersion 6.16. Software Registered to: THOMAS 5 MITROS, RE/MAX HOMEFINDERS page 16 of 21 3uyer(s) In ' Is Seller( Initials 1k I- to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase. . Lead Hazard Disclosure Requirements: In accordance with the Residential Lead-Based Paint Hazard Reduction Act, any seller of property built before 1978 must provide the buyer with an EPA-approved lead hazards information pamphlet titled Protect Your Family From Lead in Your Home and must disclose to the buyer and the Broker(s) the known presence of lead-based paint and/or lead-based paint hazards in or on the property being sold, including the basis used for determining that lead-based paint and/or lead- based paint hazards exist, the location of lead-based paint and/or lead-based paint hazards, and the condition of painted surfaces. Any seller of a pre-1978 structure must also provide the buyer with any records or reports available to the seller pertaining to lead based paint and/or lead based paint hazards in or about the property being sold, the common areas, or other residential dwellings in multi-family housing. The Act further requires that before a buyer is obligated to purchase any housing constructed prior to 1978, the seller will give the buyer 10 days (unless buyer and seller agree in writing to another time period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. The opportunity to conduct a risk assessment or inspection may be waived by the buyer, in writing. Neither testing nor abatement is required of the seller. Housing built in 1978 or later is not subject to the Act. Radon: Radon is a natural, radioactive gas that is produced in the ground by the normal decay of uranium and radium. Studies indicate that extended exposure to high levels of radon gas can increase the risk of lung cancer. Radon can find its way into any air-space, including basements and crawl spaces and can permeate a structure. The U. S. Environmental Protection Agency (EPA) advises corrective action if the annual average exposure to radon exceeds 0.02 working levels or 4 picocuries hter. If a house has a radon problem, it usually can be cured by increased ventilation andlor by preventing radon entry. Any person who tests, mitigates, or safeguards a building for radon in Pennsylvania must be certified by the Department of Environmental Protection. Informatio rt about radon and about certified testing or mitigation firms is available through the Department of Environmental Protection, Bureau of Radiation Protection, 13th Floor, Rachel Carson State Office Building, P.O. Box 8469, Harrisburg, PA 17105-8469, (800) 23RADON or (717) 783-3594. Mold/Fungi and Indoor Air-Quality: Indoor mold contamination and the inhalation of bioaerosols (bacteria, mold spores, pollen, and viruses) have been associated with allergic responses including upper respiratory congestion, cough, mucous membrane irritation, fever, chills, muscle ache or other transient inflammation or allergy. Claims have been asserted that exposure to mold contamination and bioaerosols has led to serious infection, immunosuppression and illnesses of neuro or systemic toxicity. Sampling of indoor air quality and other methods exist to determine the presence and scope of any indoor contamination. Because individuals may be affected differently, or not affected at all, by mold contamination, the surest approach to determine the presence of contamination is to engage the services of a qualified professional to undertake an assessment and/or sampling. Assessments and samplings for the presence of mold contamination can be performed by qualified industrial hygienists, engineers, laboratories and home inspection companies that offer these services. Information pertaining to indoor air quality is available through the United States Environmental Protection Agency and may be obtained by contacting IAQ INFO, P.O. Box 37133, Washington, D.C. 20013-7133, 1-800-438-4318 SEWAGE NOTICES NOTICES PURSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT NOTICE 1: THERE IS NO CURRENTLY EXISTING COA94UNM SEWAGE SYSTEM AVAILABLE FOR THE SUBJECT PROPERTY. Section 7 of the Pennsylvania Sewage Facilities Act provides that no person shall install, construct, request bid proposals for construction, alter, repair or occupy any building or structure for which an individual sewage system is to be installed, without first obtaining a permit Buyer is advised by this notice tbat, before signing this Agreement, Buyer should contact the local agency charged with administering the Act to determine the procedure and requirements for obtaining a permit for an individual sewage system. The local agency charged with administering the Act will be the municipality where the Property is located or that municipality working cooperatively with others_ NOTICE 2: THIS PROPERTY IS SERVICED BY AN INDIVIDUAL SEWAGE SYSTEM INSTALLED UNDER THE TEN ACRE PERMIT EXEMPTION PROVISIONS OF SECTION 7 OF THE PENNSYLVANIA SEWAGE FACILITIES ACT. (Section 7 provides that a permit may not be required before installing, constructing, awarding a contract for construction, altering, repairing or connecting to an individual sewage system where a ten-acre parcel or lot is subdivided from a parent tract after January 10, 1987). Buyer is advised that soils and site testing were not conducted and that, should the system malfunction, the owner of the Property or properties serviced by the system at the time of a malfunction may be held liable for any contamination, pollution, public health hazard or nuisance which occurs as a result. NOTICE 3: THIS PROPERTY IS SERVICED BY A HOLDING TANK. (PERMANENT OR TEMPORARY) TO WHICH REPAIRED BY: THOMAS S. MITROS, BROKER/OWNER JS-2K - Standard Agreement For The Sale Of Real Estate, 01/02. Pennsylvania Association of REALTORSO :OPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 tea1FA$T0 S , ©2005, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMERNDERS ;uyer(s) In 'als Page 7 of 21 Seller(s) itiak SEWAGE IS CONVEYED BY A WATER CARRYING SYSTEM AND WHICH IS DESI,GnD AND CONSTRUCTED TO FACILITATE ULTIMATE DISPOSAL OF THE SEWAGE AT ANOTHER SITE. Pursuant to the Pennsylvania Sewage Facilities Act, Seller must provide a history of the annual cost of maintaining the tank from the date of its installation or December 14, 1995, whichever is later. NOTICE 4: AN INDIVIDUAL SEWAGE SYSTEM HAS BEEN INSTALLED AT AN ISOLATION DISTANCE FROM A WELL THAT IS LESS THAN THE DISTANCE SPECIFIED BY REGULATION. The regulations at 25 Pa Code §73.13 pertaining to minimum horizontal isolation distances provide guidance. Subsection (b) of §73.13 states that the min imum horizontal isolation distance between an individual water supply or water supply system suction line and treatment tanks shall be 50 feet Subsection (c) §73.13 states that the horizontal isolation distance between the individual water supply or water supply system suction line and the perimeter of the absorption area shall be 100 feet NOTICE 5: THIS LOT IS WITHIN AN AREA IN WHICH PERMIT LIMITATIONS ARE IN EFFECT AND IS SUBJECT TO THOSE LBUTATIONS, SEWAGE FACILITIES ARE NOT AVAILABLE FOR THIS LOT AND CONSTRUCTION OF A STRUCTURE TO BE SERVED BY SEWAGE FACILITIES MAY NOT BEGIN UNTIL THE MUNICIPALITY COMPLETES A MAJOR PLANNING REQUIREMENT PURSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT AND REGULATIONS PROMULGATED THEREUNDER NOTICE REGARDING RECREATIONAL CABINS A Recreational Cabin is a structure which is: (1) Utilized principally for recreational activity; (2) Not utilized as a domicile or residence for any individual for any time period; (3) Not utilized for commercial purposes, (4) Not greater than two stories in height, excluding basement, (5) Not utilized by the owner or any other person as a place of employment; (6) Not a mailing address for bills and correspondence; and (7) Not listed as an individual's place of residence on a tax return, driver's license, car registration or voter registration. A recreational cabin may be exempt from the provisions of the Pennsylvania Contraction Code Act if. (1) The cabin is equipped with at least one smoke detector, one fire extinguisher and one carbon monoxide detector in both the kitchen and sleeping quarters; and (2) The owner ofthe cabin files with the municipality either: (A) An affidavit on a form prescribed by the department attesting to the fact that the cabin meets the definition of a "recreational cabin" in Section 103; or (B) A valid proof of insurance- for the recreational cabin, written and issued by an insurer authorized to do business in this Commonwealth., stating that the structure meets the definition of a "recreational cabin" as defined m Section 103. If a recreational cabin is subject to exclusion from the Pennsylvania Construction Code Act, upon transfer of ownership of the recreational cabin, written notice must be provided in the sales agreement and the deed that the recreational cabin: (1) Is exempt from this Act; (2) May not be in conformance with the uniform construction code; and (3) Is not subject to municipal regulation. Failure to comply with the notice requirement under paragraph (1) above shall render the sale voidable at the option of the purchaser. DEFINITION OF A PLANNED COMMUNITY The Uniform Planned Community Act defines "planned community" as real estate with respect to which a person, by virtue of ownership of an interest in any portion of the real estate, is or may become obligated by covenant, easement or agreement imposed on the owner's interest to pay any amount for real property taxes, insurance, maintenance, repair, improvement, management, administration or regulation of any part of the real estate other than the portion or interest owned solely by the person. The term excludes a cooperative and a condominium, but a cooperative or condominium may be part of a planned community. For the purposes of this definition, "ownership" includes holding a leasehold interest of more than 20 years, including renewal options, in real estate. The term includes non-residential campground communities. PREPARED BY: THOMAS S. MITROS, BROKERIOWNER AIS-2K - Standard Agreement For The Sale OF Real Estate, 01/02. Pennsylvania Association of REALTORS@ COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS® 2002 RealFAST® S=2005, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS Page 1 of 21 Buyer(s) In' als Seller(s) itials l 1A iL / ? nA A Exemptions from the Uniform Planned Community Act - When a Certificate of Resale Is Not Required The :owner of a property located within a planned community is not required to furnish the buyer with a certificate of resale under the following circumstances: A The Planned Community contains no more than 12 units, provided there is no possibility of adding real estate or subdividing units to increase the size of the planned community. B. The Planned Community is one in which all of the units are restricted exclusively to non-residential use, unless the declaration provides that the resale provisions are nevertheless to be followed- C. The Planned Community or units are located outside the Commonwealth of Pennsylvania. D. The transfer of the unit is a gratuitous transfer. E. The transfer of the unit is required by court order. F. The transfer of the unit is by the government or a governmental agency. G. The transfer of the unit is the result offoreclosure or in lieu offoreclosure. Notices Regarding Public Offering Statements and Rigbt to Rescission If Seller is a Declarant of the condominium or planned community, Seller is required to furnish Buyer with a copy of the Public Offering Statement and its amendments. For condominiums, the delivery of the Public Offering Statement mnsi be made no later than the date the buyer executes this Agreement. Buyer may cancel this Agreement within 15 days after receiving the Public Offering Statement and any amendments that materially and adversely affect Buyer. For planned communities, the Declarant must provide the Buyer with a copy of the Public Offering Statement and its amendments no later than the date the Buyer executes this Agreement Buyer may cancel this Agreement within 7 days after receiving the Public Offering Statement and any amendments that materially and adversely affect Buyer. INFORMATION REGARDING THE REAL ESTATE SELLER DISCLOSURE LAW Generally speaking, the Real Estate Seller Disclosure Law requires that before an agreement of sale is signed, the seller in a residential real estate transfer must make certain disclosures regarding the property to potential buyers in a form defined by law. A residential real estate transfer is defined as a sale, exchange, installment sales contract, lease with an option to buy, grant or other transfer of an interest in real property where NOT LESS THAN ONE AND NOT MORE THAN FOUR RESIDENTIAL DWELLING UNITS are involved The Law defines a number of exceptions, where the disclosures do not have to be made. L Transfers that are the result of a court order. 2. Transfers to a mortgage lender that result from a buyer's default and subsequent foreclosure sales that result from default 3. Transfers from a oo-owner to me or more other co-owners. 4. Transfers made to a spouse or a direct descendant. 5. Transfers between spouses that result from divorce, legal separation, or property settlement. 6. Transfers by a corporation, partnership or other association to its shareholders, partners or other equity owners as part of a plan of liquidation 7. Transfer of a property to be demolished or converted to non-residential use. 8. Transfer of unimproved real property. 9. Transfers by a fiduciary during the adm;nictration of a decedent estate, ,guardianship, conservatorship or trust. 10. Transfers of new construction that has never been occupied when: a. The buyer has received a one-year warranty covering the construction; b. The building has been inspected for compliance with the applicable building code or, if none, a nationally recognized model building code; and c. A certificate of occupancy or a certificate of code compliance has been issued for the dwelling. In addition to these exceptions, disclosures for condominiums and cooperatives are limited to the seller's particular unit(s). Disclosures regarding common areas or facilities are not required, as those elements are already addressed in the laws that govern the resale of condominiums and cooperative interests. EXECUTION DATE All changes to the Agreement should be initialed and dated The date of execution is the date when Buyer and Seller have indicated full acceptance of this Agreement by signing and/or initialing it MEDIATION DISPUTE RESOLUTION SYSTEM RULES AND PROCEDURES 'REPARED BY: THOMAS S. MITROS, BROKERIOWNER VS-2K - Standard Agreement For The Sale Of Real Estate, 01102. Pennsylvania Association of REALTORS® :OPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 Zea1FA$T® So re Version 6.16_ Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS Page 1 of 21 Seller(s) itials tuyer(s) In' als N. -PAVJ I N ??ro 1. Agreement of Parties The Rules and Procedures of the Dispute Resolution System (DRS) apply when the parties have agreed it writing to mediate under DRS. The written agreement can be achieved by a standard clause in an agreement of sale, a>l addeitiuto to an agreement of sale, or through a separate written agreement. 2. Initiation of Mediation If a dispute exists, any party may start the mediation process by submitting a completed Request to Initiate Mediation DRS Transmittal Form (Transmittal Form) to the local Association of REALTORS& (hereafter "Administrator"). The Transmittal Form should be available through the Administrator's office. The initiating party should try to include the following information when sending the completed Transmittal Form to the Administrator: a_ A copy of the written agreement to mediate if there is one, OR a request by the initiating party to have the Administrator contact the other parties to the dispute to invite them to join the mediation process. b. The names, addresses and telephone numbers of the parties involved in the dispute, including the name of every insurance company known to have received notice of the dispute or claim and the corresponding file or claim number. C. A brief statement of the facts of the dispute and the damages or relief sought. 3. Selection of Mediator Within five days of receiving the completed Transmittal Form, the Administrator will send each party to the dispute a copy of the Transmittal Form and a list of qualified mediators and their fee schedules. Each party then has ten days to review the list of mediators, cross off the name of any mediator to whom the party objects, and return the list to the Administrator. The Administrator will appoint the first available mediator who is acceptable to all parties involved- A mediator who has any financial or personal interest in the dispute or the results of the mediation cannot serve as mediator to that dispute, uules s all parties are informed and give their written consent. 4. Mediation Fees Mediation fees will be divided equally among the parties and will be paid before the mediation conference. The parties will follow the payment terms contained in the mediator's fee schedule. 5. ZSme and Place of Mediation Conference Within ten days of being appointed to the dispute, the mediator will contact the parties and set the date, time and place of the mediation conference. The mediator must give at least twenty days' advance notice to all parties. The mediation conference should not be more than sixty days from the mediator's appointment to the dispute. 6. Conduct of Mediation Conference The parties attending the mediation conference will be expected to: a. Have the authority to enter into and sign a bring settlement to the dispute. b. Produce all information required for the mediator to understand the issues of the dispute. The information may include relevant written materials, descriptions of witnesses and the content of their testimony. The mediator can require the parties to deliver written materials and information before the date of the mediation conference. The mediator presiding over the conference: a- Will impartially conduct an orderly settlement negotiation. b. Will help the parties define the matters in dispute and reach a mutually agreeable solution. C. Will have no authority to render an opinion, to bind the parties to his or her decision, or to farce the parties to reach a settlement. Formal rules of evidence will not apply to the mediation conference. 7. Representation by Counsel Any party who intends to be accompanied to the mediation conference by legal counsel will notify the mediator and the other parties of the intent at least ten days before the conference. 8. Confidentiality No aspect of the mediation can be relied upon or introduced as evidence in any arbitration, judicial or other proceeding. This includes, but is not limited to, any opinions or suggestions made by any party regarding a possible settlement; any admissions made during the course of the mediation; any proposals or opinions expressed by the mediator, and any responses given by any party to opinions, suggestions, or proposals. No privilege will be affected by disclosures made in the course of the mediation. Transcripts or recordings of the mediation will not be allowed without the prior, written consent of all parties and the mediator. Records, reports, and other documents received or prepared by the mediator or Administrator cannot be compelled by an arbitration, judicial, or other proceeding, with the exception of an agreement that was reached in the course of mediation and signed by all the parties. PREPARED BY: THOMAS S. MITROS, BROKERIOWNER A/S-2K - Standard Agreement For The Sale Of Real Estate, 01/02. Pennsylvania Association of REALTORSO COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 RealFA$TUffial. X 2005, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS Page 20 of 21 Buyer(s) I ?K / 1tASeller(s)`ni als A Neither the mediator nor the Administrator can be compelled to testify in any proceeding regarding information given or reprzaentations made either in the course of the mediation or in any confidential communication. 9. Mediated Settlement When a dispute is resolved through mediation, the mediator will put the complete agreement in writing and all parties will sign the written agreement within ten days of the conclusion of the mediation conference. Every reasonable effort will be made to sign the written agreement at the end of the conference. 10. Judicial Proceedings and Immunity NEITHIIt TIC ADMINISTRATOR, THE MEDIATOR, THE NATIONAL ASSOCIATION OF REALTORS®, THE PENNSYLVANIA ASSOCIATION OF REALTORS®, NOR ANY OF ITS MEMBER BOARDS, WILL BE DEEMED NECESSARY OR INDISPENSABLE PARTIES IN ANY JUDICIAL PROCEEDINGS RELATING TO MEDIATION UNDER THESE RULES AND PROCEDURES, NOR WILL ANY OF THEM SERVING UNDER THESE PROCEDURES BE LIABLE TO ANY PARTY FOR ANY ACT, ERROR OR OMISSION IN CONNECTION WITH ANY SERVICE OR THE OPERATION OF THE HOME SELLERS/HOME BUYERS DISPUTE RESOLUTION SYSTEM PREPARED BY: THOMAS S. MITROS, BROKER/OWNER 4/S-2K - Standard Agreement For The Sale Of Real Estate, 01 /02. Pennsylvania Association of REALTORSO :,(P RIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 :ZealFA$T® S9 , Version 6.16. Software Registered to: THOMAS 5 MITROS, RE/MAX HOMEFINDERS Page 21 of 21 3uyer(s) Initials Seller(s) I dials Wood Destroying Insect inspection Report Notice., Please read important consumer information or page 2. Section 1. General Information Company's Business Uc. No: Date of Inspection inspection Company, Address, & Phone: BU9784 121172005 CHAMBERUN'S PEST CONTROL Address of Property Inspected: PO t30X 429 MARK WORDEN NEWBURG, PENNA 17240 110 BIG POND ROAD 717-530-1962 1267-3277- Cell - 729-6391 SHIPPENSBURG, PA 17257 Inspectors Name, Signature & Certificatlon, fjegistration, or Lic. Structure(s) Inspected: ED CHAMBERLIN - 8300200 HOME AND ATTACHED GARAGE ONLY Section 11. Inspection Findings This report is indicative of the condition of the above indentified structure(s) on the date of inspection and is not to be construed as a guarantee or warranty against latent, concealed, or future infestation or defects. Based on a careful visual Inspection of the readily accessible areas of the structure(s) inspected: ® A. No Visible evidence of wood destroying insects was observed. ? B. Visible evidence of a wood destroying Insects was observed as follows: ? 1 _ Live insects; (description 8, location): ? 2. Dead insects, insert parts, fross, shelter tubes, exit holes, or staining (description & location): ? 3. Visible damage from wood destroying insects was noted in the following area(s). NOTE, This Is not a strucruraj damage M221. If box B above is checked, It should be understood that some degree of dam", including hidden damage, may be present If any questions arise regarding damage indicated by this report, it is recommended that the buyer or any interested parties contact a qualified structural professional to determine the extent of damage and the need for repairs. ? Yes [Z No It appears that the structure(s) or a portion thereof may have been previously treated. Visible evidence of possible previous treatment The inspecting company can give no assurances with regard to work done by other companies. The company that performed the ireatmerrt should be tare. contacted Information on tr*Went nd a rran or Mipe agreement Which may b in D Section Ill. Recommendations ® No treatment recommended: (Explain if Box B in Section It Is checked) ? Recommend treatment for the control of: Section IV. Obstructions and Inaccessible Areas areas of the structure(s) inspected were obstructed or inaccessible: ll in Th f The Inspector may write out obstructions g o ow e or me the following optional key, ® Basement 5-7 1. FWW vailing 13. 00( visual axes ? Crawl Space on 2- Suspended willing 14. Mitered 3. Fixed wag covering 15. Standing water ® Main Level 1-3-4-6-7$9 4. Floor covering 16. Dense vegetation 5. hsul bn 17. Extedorsiding ? Attic 8. Cabinets or shelving 18. wnjowweil covers ® Garage 1-3-5$-7 7. stored Items 19. WOW pile 8. Furnishings 20. Snu v ® Exterior 17-20 9. Appuances 21, UnWfe Wrdlions 10. No access or entry 22. RW foam board Porch 10 11. United access 23. Syntletic stucco ? Addition 12. No access beneath 24. Duct watt, plumbing, and/or airing ? Other Section V. Additional Comments and Attachments (these are an integral part of the report) Attachments INACCESSIBLE AREAS REPORT. GRAPH AND INVOICE Signature of Seller(s) or Owner{s} If refmanang Setter Signature of Buyer. The undersigned hereby acknowkdges of both page 1 and page 2 of this report and of a co t i d I py on, amage, n estat acknowledges that ail i lion regarding W.D.I. unde td ds the gtforma[ion reported. " s en dfscl to the yer? - repalr,.a d Form fVPMA-33 t9rotroal o zoos Nm orei F`%% ASSOUeIioR All Rights RexneC. No reproduction or tli?S ramr ?s rtnrKed Ihwr u'e exp eu permission u NPMA Pace q of 2 Form NPCA-1.is obsolete erler 12)31ID4. 44 t , r.. Q 4L F__7f ? ? /X/IMML'kt\ OfAlk jA),#V4P* *7 1%omas S. Mitros Tom@Mitros.com www.Shippensburg.com 40 "AinestOPP4 P#*0*0 ? %"- A ""Ve 1&009 0 ?Pp 70' sdorpor ?Jetftev 4111111, 3 jr f jo;$ t 70 4DO hdWV .r ile'd 1. 7. <,.O# -#?* RF/MWe Homefinders 115 E. King Street Shippensburg, Pennsylvania 17257-1360 Phone: (717) 532-6131, Fax: 5324380 Each Office Independently Owned and Operated Feb-22. 2006 10.54AM REMAX ROMW Realty Agency, Inc. Mike Green Sales Associate / REALTOR' 16 Center Square Greencastle, PA 17225 Office: (717) 693.0011 Fax: (717)593.0111 K ?. Direct: (717) 709-7085 Eaen OWN auwopan GANOrnolaa400619ua Q E•Ma1% mikagreeneremex.nei ayt!?)6 No-6043 P. 1 Jai FAX FAX en: -:2 z s ?e bomme ctI ?? G ?? ', •'.? ,?? r' r ??'/ Y ?, .. >>? t%+y i ?? ?? , ? - . ? , ,,. /?? 1 , 4 Y.9?• ^' ?: ;., 1 t`-J• ? ~ ?? ?.`l;: ?:? L. f _ _-- __?,_`- I ??'' =? .--_. ??., ?? - : . ?'"' ?f C? _ ,_ ? y B-DRY WATERPROOFING America's most trusted name in waterproofing since 1958 f PRICING WORKSHEET Customer's Name: I Date: 2 Job Plan #: 1) ?? ft I Y b Total Linear Feet X $ G2_ Per Foot 3) $ (? (A) Total Free-Flo 4) 2 ft. * Includes: Free-Flo Pipe; 1 foot band of Rigid Wall Sealer; and complete sump pump installation, including -up- to 16 feet of outside discharge Additional Wall eater: Plus Other Extras: Total Square Feet (length X height) a) 2 ;> $_ X $ Per Square Foot r5r6 b) E. Z $ i 3 s c> $ Total Additional Sealer c) $ $ (g) Total Extras ft.x$ /ft.= $ +$ = $ 0 OPTION 2: - Total Add On Current job - 2 Step Full ft.x$ /ft.= $ +$ = $ (S_ LESS/ft.) Full Perimeter Orig. Extras I Step Full 0 OPTION 3: 0 NOT interested in options - - - SAVINGS - sq. ft. x $_ /sq. ft.= $ + $ _ $ - Total Sealer Full Perimeter Full/Full Sealer *Extra Sealer (incl. Extras except Sealer) *( ft. long x ft. high) ai 8 o a ? E m 'm a. C N ?a p 0?? 7maC6 its Q ` 3.00 AS mob, 92 ?,. ,j es Z.; cia ? ? ca O o • tf °?' c 3 O rte` EQ O a ? at ? W Q• _ ? ? q, a ? y J? mg ?e Q Q v s" Nt g, W s=s `? a t C W a?3 o Z? J es d. C ? o? U c? .•:? o ..i N ® 8 m o ES`z y t,C .,,i o a ? cydt 3 "? ? `" `?J ch ? Ir 9/ ? ? 1030 $ O%Z .2 .2g? e 3 Ac ICS % !8 is a?..3 lit 11 o ? N ? d?RD ~ ? W r rEB-21-2006 TUE 07:31 AM BARNETT'S 309 762 5669 P. 01 David M PefPer 104 Bloservilier Road Carlisle, PA 17013 Phone 717-226-0484 PROPOSAL Install basement waterproofing system (150' dual pressure release). The system will release water pressure from walls and floors. The system is supported by 2 -1/2 hp pumps and pits. The water will be channeled thru drainage system installed. The drainage system and downspouts will be extended to the rear of property. Drylock sealant will be applied to walls and floors. Page No. of Installer has 15 years experience installing basement systems. References are available upon request. One year manufacturer warranty on pumps. Service provkled with dry basement guarantee and is transferable to next owner. we propose hereby tD furnish material and labor - complete In accordance with above specitk atlons for the sum of; eight thousand-------------------- -------------------- dollars ( #8000.00 Payment as follows: warranties and guarantees upon payment In full M maariai is guprerrteed w be a me 4. M work to be Completed In a subttsWW v?0emmflft manner aomrdirg ID w Pff edrdard P?uu?• any sleeesnon or davMtien hom shwa spadl?forn lnvolvhrp rdtre costs wgl ba aieearEed ady upa? wrRten orders. and wlr become an adra rharge Over and above tiM aMlrnate. All agraallNlKS Oanla?parR upOrl fG'Ntes, amdernc? or ddsys beyond ous CgN7pl. Owner m Cafry Are, tonWdo old Otl?tr MOpwry krstranaa. Our MOrkeR are AiRy COVe1ed by Workmen's Cpenpens?tlon Lrurtnoe- g ehlrer Oarhr Osrrarreras MOM aCtiOa m eedbrEa lls tghd pufsWnt to this agnenlarlt, tl+e prevaning party In laid legal sdiort :Nap be enndad 6o mover rte teaaonabla altorneyla ibas one oos'd or MlOatlon raNtlnp to seta legal anion, as datermined by a court of competent prrkaildlon. Authorhod Note: this proposal may be withdrawn by us sig"itture N not accepted within 90 days. ACC "MCE OR PROPOUL The above prices, spetiflrations and Signature conditions am satisfactory and are hereby accepted. You are authorized to do the work as specMied. Payment will be made as outlined above. Signature _ Date of ACOeMnee we propose hereby to furnish material and labor necessary for the completion of: KEVIN J. KEEN and LINDSAY E. KEEN, Plaintiffs V. MARK E. WORDEN and DIANA L. WORDEN, RE/MAX HOMEFINDERS, INC. and HALE REAL ESTATE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 064935 CIVIL TERM CIVIL ACTION - LAW REPLY TO REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANT, HALE REAL ESTATE AND NOW come Plaintiffs, Kevin J. Keen and Lindsay E. Keen, by and through their counsel, Turo Law Offices, and respectfully provides the following Response to the Request for Production of Documents of Defendant Hale Real Estate. DOCUMENTS REQUESTED 1. No such documents exist at this time which do not involve the confidences of the clients. This reply will be supplemented if and when additional information and documentation are received. 2. A collection of photographs of water damage taken at the residence by the Plaintiffs in June 2006 is attached as Exhibit "A". 1 No such documents exist at this time. This reply will be supplemented if and when additional information and documentation are received. 4. No such documents exist at this time. This reply will be supplemented if and when additional information and documentation are received. 5. Any such documents are included herein. N3 aN ? x t' C.f F " ?r g;,. ? F. ?. d.xiY-" . ;,-" ;1 r t ?l M t rr -h I ,; .__. .? :{s.... .. S B-DRY WATERPROOFING America's most trusted name in waterproofing since 1958 PRICING WORKSHEET Customer's Name: G1? mil Date: Job Plan I Y 6 Total Linear Feet X $ x0 2- Per Foot _ $ ?5 2-- (A) Total Free-Flo 4) 27 ft. * Includes: Free-Flo Pipe; 1 foot band of Rigid Wall Sealer; and complete sump pump installation, including -up. to 10 feet of outside discharge Additional Wall ealer: Plus Other Extras: Total Square Feet (length X height) a) 5vmi? $_ X $ Per Square Foot $ Total Additional Sealer c} $ $ (B) Total Extras O OPTION 2: Total Add On Current Job 2 Step Full (f_ LESS/ft) Full Perimeter Orig. Extras 1 Step Full ? OPTION 3: ? NOT interes ted in options SAVINGS sq. ft. x $ /sq. + $ _ $ Total Sealer Full Perimeter Full/Full Sealer *Extra Sealer (incl. Extras except Sealer) *( ft. long x ft. high) N Y- u ?O $ $ a Y- ? E a 7 O O 0 33333; ,?i 0 "b, 9Z o ? a o ? r tl?• O ? .? N ? U a arASS S r ^ ?" O lk 4 a t:, cs % C q O C D G t I a 0 3 .. ,a 1l1 ?t CS O b, Z/ 91 0 15 m 'S m q to 3 m ` uj ? ? ? o?y ? w 7 , -is o o ? 36 4 ca » "S 0 s r Ja m, ° m ? ° wsN??w o0 ?` E ?J rJ a L qe O 2 C Cc; W O w ` c _Y a Wes"` e m ? Q CL moaC h - o ? U c ? :- ?3 ? qRN c r q '0 81- ,.+ % •O ??..?? ..;E-? ? ,ate .? g n,.3:0 LL LL U" ?x G$3.?' c'1i ?'3 cc??i N NN C6 wit QN co ?NN C6 0' 0 ? ??NMv Feb 03 QE 12:09p hale real estate (717)532-5463 p•2 SELLER'S PROPERTY DISCLOSURE STATEMENT SPD This form recommended and approved for, but not restricted w use by, the members of the Pennsylvania Asaxiation of RL•Ai TORSa (PAlt). !Properly Address z 3 Seller }c?Y d?-• 4 The Real Estate Seiler Disclosure Law (68 P.S. §7301 et. seq.) requires that a seller of a property must disclose to a buyer all known 4 s mate-tial defects about the property being sold that are not readily observable. While the Law requires certain disclosures, this diselo- 6 sure statement covers common topics beyond the basic requirements of the Law in an effort to assist sellers in cwuplying with dis- 6 7 closure requirements and to assist buyers in evaluating the property being considered. Sellers who wish to see or use the basic dis- 7 e closure form can find the form on the Web site of the Pennsylvania State Real Estate Commission, s 9 This Statement discloses Seller s knowledge of the condition of the property as of the date signed by Seller and is not a substitute for 9 to any inspections or warranties thst'Buyer may wish to obtain. This Statement is not a warranty of any kind by Seller or a warranty or to n representation by any listing real estate broker, any selling real estate broker, or their licensees. Buyer is encouraged to address concerns r1 12 about the conditions of the property that may not be included in this Statement. This Statement does not relieve Seller of the obligation 12 13 to disclose a material defect that may not be addressed on this form. 13 14 A Material Defect is a problem with a residential real property or any portion of it that would have a significant adverse impact on the 14 1s value of the property or that involves an unreasonable risk to people on the property. The fact that a structural element, system or subsys- 15 % tern is at or beyond the end of the normal useful life. of such a structural element, system or subsystem is not by itself a material defect. 1s 17 1. SELLER'S EXPERTISE Seller does W possess expertise in contracting, engineering, architecture, environmental assessment or 17 1s is other areas related to the construction and conditions of the property and its improvements, except as follows: is i9 20 2. OWNERSHIPIOCCUPANCY ?o V (a) Is the property currently occupied? d` Yes + No If yes, by whom? 4- Seller _ Other occupants (tenants) 21 22 If property is not occupied, when was it last occupied? n 23 (b) How long have you owned the property? X v0. `s 24 (c) Are you aware of any pets having lived in the house or other structures during your ownership? Yes _ No 24 26 If yes, describe: 25 26 3. ROOF z6 zr 'Ie Yes _ No ^ Unknown (a) Date roof installed: O2 Documented. 27 28 (b) Has the roof been replaced or repaired during your ownership? _ Yes "C No 20 29 If yes, was the existing roofing material removed? _ Yes - No T Unknown 2s 30 (c) Has the roof ever leaked during your ownership? Yes X No 30 31 (d) Are you aware of any problems with the roof, gutters, flashing or downspouts? - Yes -r- No 31 32 Expkdn any "yts" answers in this section, including the location and extent of any problem(s) and any repair or remediation efforts: 32 33 33 34 4. BASEMENTS AND CRAWL SPACES (Complete only if applicable) 34 35 (a) Does the property have a sump pump? X Yes No - Unknown 35 36 If yes, has it ever run? _X Yes ! No _ Unknown Is it in working order? _--_ Yes No Unknown 36 3T (b) Are you aware of any water leakage, accumulation, or dampness within the basement or crawl space? K Yes _ No 37 38 (c) Do you know of any repairs or other attenqu to control any water or dampness pnJblem in the basement or crawl space? _ _ Yes V No V 39 Explain any'1yes" answers in this section, including the location and extent of any problem(s) and any repair or remediation efforts: 39 40 .{ wcY?traac,??3ts•?• Z?' 1[la?_Sanans s/?t) =.vn ? ?r+w+ _yr?._,.._-?._.-. ?- ....._ _-..? ------- - 40 41 5. TERMITES/WOOD-DESTROYING INSECTS, DRYROT, PESTS 41 42 (a) Are you aware of any tennites/wood-destroying insects, dryrot, or pests affecting the property? Yes k _ No 42 43 (b) Are you aware of any damage to the property caused by termites/wood-destroying insects, dryrot, or pests? `_ Yes 'W No 43 44 (c) Is your property currently under contract by a licensed pest control company? - Yes 1< No 44 45 (d) Are you aware of any termite/pest control reports or treatments for the property? _ Yes W No 45 46 Explain any "yes" answers in this section, including the name of any servke/treatment provider, if applicable: 46 47 - ' u - -- - ` 47 48 6. STRUCTURAL ITEMS 4e 49 (a) Are you aware of any pastor present water leakage in the house or other structures? "4 Yes No 49 so (b) Are you aware of any past or present movcment, shifting, deterioration, or other problems with walls, foundations, or other so 51 structural components? ^ Yes No ?f 5s 52 (c) Are you aware of any past or p=t problems with driveways, walkways, patios, or retaining walls on the property? - Yes J No 52 S3 (d) LS your property constructed with an Exterior Insulating Finishing System (SIPS), such as Dryvit or synthetic stucco? 53 54 - Yes - No $ Unknown If yes, date installed, if known 54 55 (e) Are there any defects (including stains) in flooring or floor coverings? _ Yes __,_. No _ Unknown 55 56 (f) Are you aware of any fire, storm, water or ice damage to the property? _ Yes _aL No 56 57 Explain any `yes" answers in this section, including the location and extent of any problem(s) and any repair or remediation efforts: 57 i 59 SPD Page 1 of 5 Seiler Initials: ?? Date 1,12ci Buyer Initials: Date 69 PerrosylvarrIn Assedodw of COPYRIGHT PF] eMMANUASSOCIATION OF RLALTORS® 2064 6rn4 • REALTORSa (717)532-5463 p•5 hale real estate Feb 03 06 12:11p -- 184 (b) Flooding/Drainage 105 1) is any part of this property located in a wetlands area or a FEMA flood zone? _Yes 2C No Unknown ds tea 2) Do you know of any past or present drainage or flooding problems affecting the property? Yes ?C No :!+ sal Explain any ",yes" answers in this section, including dates and extent of flooding: 1as (c) Boundaries s? 190 1) Do you know of any encroachments, boundary tine disputes, or easements affecting the property? _ Yes No 191 Note to Buyer: Most properties have easements running across them fnr utility services and other reasons. In many cases, the 191 ts-, easements do not restrict the ordinary use of the property, and Seller may not be readir'y aware of them. Buyers ,nay rvi3h to M 193 determine the existence of easements and restrictions by examining the property and ordering, an Abstract of Title or searching 193 194 the records in the Office of the Recorder ql-Deeds fur the couno, before entering into an agreement of sale. 144 19; 2) Do you access the property from a private road or lane? i Yes _Ze No 1s5 19 it' If yes, do you have a recorded right of way or maintenance. agreement'? Yes No i% 197 3) Are you aware of any shared or common areas (e.g., driveways, bridges, docks, walls, etc.) or maintenanc-3 agreements? 197 190 Yes Y No 19. t99 Explain any "yes" answers in this section: 169 200 __ _ __ -, -_ ..--._ __ __-- ._- _. - _ _._ ._?..._. __ __-.._ ._-. - -- -._-.• _ MW tot 17. HAZARDOUS SUBSTANCES AND ENVIRONMENTAL ISSUES 20, 202 (a) Are you aware of any underground tanks (other than home heating fuel or septic tanks disclosed above)? _ Yes ?- No 202 203 (b) Are you aware of any past or present hazardous substances present on the property (structure or soil) such as, but not limited 217 204 to, asbestos or polychlorinated biphenyls (PCBs), etc.? Yes * No w4 ens (c) Are you aware of sewage sludge (other than commercially available fertilizer products) being spread on the property, or have you ;N)'. Z06 received written notice of sewage sludge being spread on an adjacent property? _ Yes ;s No M 2C4 (d) Are you aware of any tests for mold, fungi, or indoor air quality in the property? _ Yes ar No 2VU 208 (e) Other than general household cleaning, have you taken any efforts to control or remediate mold or mold-like hubstances in the zm 209 property? _ Yes Y No 205 210 Note to Buyer: IndividuaLs may be affected differently, or not at all, by mold contamination.1J'mold contamination or indoor air qual- VC1 211 ity is a concern, buyers are encouraged to engage the services of a qualified professional to do testing. Inf7rmatioa on this issue is .1+ 212 available from the United States Environmental Protection Agency and may be obtained by contacting 1AQ INFO, P.O. Box 37133, 272 2t3 Washington, D.C. 20013-7133, 1-800-438-4318. Z13 214 (f) Are you aware of any dumping on the property? _ Yes 'Ac No 21: 215 (g) Have you received written notice regarding the presence of an environmental hazard or biohazard on your property or any 21s 216 adjacent property? _ Yes 29 No 215 217 (h) Are you aware of arty tests for radon gas that have been performed in any buildings on the property? _Yes ?C No 217 218 If "yes," list date, type, and results of all tests below: 21F 219 DATE TYPE OF TEST RESULTS (picocu Iestliter or working levels) NAMI.. of TES3ltsei SERVICE 21? "-' 220 220 221 - 221 2N (i) Are you aware of any radon removal system on the property? _ Yes -t- No 222 223 1 f "yes," list date installed and type of system, and whether it is in working order below: 223 224 DATE INSTALLED TYPE OF SYSTEM PROVIDER WORIONG ORDER? Yes No 224 225 Yes No 225 226 226 227 (j) if property was constructed, or if construction began, before 1978, you must disclose any knowledge of lead-based paint on the 227 no property. Are you aware of any lead-based paint or lead-based paint hazards on the property? ____ Yes u No 228 229 If "yes," explain how you know of it, where it is, and the condition of those lead-based paint surfaces: 22e 230 230 231 (k) If property was constructed, or if construction began, before 1478, you must disclose any reports or records of lead-based paint 231 232 or lead-based paint hazards on the property. Are you aware of any reports or records regarding lead-based paint or lead-based 23, 233 paint hazards on the property? _ Yes x No 233 234 If "yes," list all available reports and records: 234 gas (1) Are you aware of testing on the property for any other hazardous substances or environmental concerts ? - Yes _ No as 236 (m) Are you aware of of any other hazardous substances or environmental concerns that might impact upon the property? 236 Yes lg No 237 237 _ 238 Explain any "yes" answers in this section: 236 239 240 244 241 __ _._.._. -? ..?..-._ 241 242 Buyer Initials: Date SPD Page 4 of 5 Seiler Initials Date _ 242 Feb 03 0E 12:10p hale real estate (7173532-5463 p.# ' 121 1 3. SEATING SYSTEM „ 122 (a) Type(s) of heating fuel(s) (check all that apply): _ Electric Fuel Oil _ Natural Gas Propane zz ` +z3 _ _ Coal _ Wood _ Other: ?tA?P?.? ? ?y1lt-cc?\ )'Z ,-a 124 _ (b) Type(s) of beating system(s) (check all that apply): Forced Hot Air Hot Water N- Heat Pump 125 Electric Baseboard - Steam Wood Stove (How many? Coat Stove (How many? 126 Other: Ul (c) Age of Heating System: Z,e.z- 2. _ Unknown Date cast serviced, if lurown 128 _ _ (d) Are there any fireplaces'? _ Yes X- No if "yes," how many? Are they working? Yes No 129 _ ` (e) Are there any chimneys (from a fireplace, water heater or any other heating system)? Yes No 2s 130 If "yes," how many?_ When were they last cleaned? Unknown e 131 Are they working?___._ Yes ? No If "no," explain: 132 (f) List any areas of the house that are not heated: G Rn ua 133 __ (g) Are you aware of any heating fuel tanks on the property`? -. Yes 'se No !3S 134 Location(s), including underground tank(s): 135 If you do not own the tanks, explain: 136 Are you aware of any problems or repairs needed regarding any item in this section? ` Yes le No 1a5 137 If "yes," explain: y - _ r;r 138 134 14. ELECTRICAL SYSTEM 1 4 149 (a) Type of Electrical System: Fuses Circuit Breakers Now Many Amps?'?% ` Unknown t10 Al (b) Are you aware of any knob and tube wiring in the home? _ Yes __I- No 14; K2 Are you aware of any problems or repairs needed in the electrical system? - Yes ? No 1.12 lea if "yes," explain: 144 15. OTHER EQUIPMENT AND APPLIANCES 1;4 146 This section must be completed for each item that will, or may, be sold with the property. The fact that an item is listed does ;" 146 not mean it is included in the Agreement of Sate. Tenns of the Agreement of Sale negotiated between Buyer and Selk:r will ;Y6 147 dety rmine which items, if any, are included in the purchase of the Property. ._; 148 (a) le Electric Garage Door Opener Number of Transmitters Z Keyless Entry ^ _ 1?e 149 (b) U. Smoke Detectors How many?A Location(s) 1d? 150 (c) Security Alarm System Owned Leased (Lease Information __ ) 1 151 (d) Lawn Sprinkler(s) How many? Automatic Timer _ 131 152 (e) Swimming Pool Hot Tub/Spa Pool/Spa Heater Pool/Spa Cover , Whirlpool/Tub 1;2 15-3 Pool/Spa Equipment and Accessories (list): 1,;1 154 (f) k _ Refrigerator(s) y Range/Oven , Microwave Oven x Dishwasher _ Trash Compactor 155 Garbage Disposal Chest Freerer _ Washer _ Dryer - intercom 155 (g) x Ceiling Fan(s) How many? Z Location(s) 1. N-4,,•.tQwgYE,R?e ,oc•?. 1st 157 (h) Y Awnings __ Attic Fan(s) Satellite Dish - Storage Shed Beck s) Electric Animal Fence in 158 (i) Other: 15a 1s; Are you aware of any problems or repairs needed regarding any item in this section? - Yes _ No 15s t60 If "yes," explain: i6e 1G1 16- LAND (SOILS, DRAINAGE, FLOODING AND BOUNDARW..S) 161 162 (a) Land/Sails 167 1sa 1) Are you aware of any fill or expansive soil on the property? _ Yes - No ts_, 164 2) Are you aware of any sliding, settling, earth moveme t, upheaval, subsidence, or earth stability problems that have n 15, 166 ` ` occurred on or affect the property? - Yes T No 46; 166 3) Are you aware of any existing, past or proposed mining, strip-mining, or any other excavations that might affect this 1r6 167 property? _ Yes t+e No 167 Ise Note to Buyer: The property may be subject to mine subsidence damage. Maps of the counties and mines where mine subsidence 169 169 damage may occur and mine suluideiwe insurance are available through: Department of Environmental Protection, Mine Subsi- 168 170 Bence Insurance Fund, 25 Technology Drive, California Technology Park, Coal Center, PA 15423 (300) 922-1678 (within 17o 171 Pennsylvania) or (724) 769-1100 (outside Pennsylvania). 171 172 4) Is the property, or a portion of it, preferentially assessed for tax purposes, or subject to limited development rights? 1r. 173 Yes 4 No If "yes", check all that apply below: 1"1 174 Farmland and Forest Land Assessment Act - 72 P.S.§5490.1 et seq. (Clean and Green Program) 174 175 Open Space Act - 16 P.S. §11941 et seq. 175 176 Agricultural Area Security Law - 3 P.S. §901 et seq. (Development Rights) 116 177 _ Other 1n 179 Note to Buyer. Pennsylvania has enacted the Right to Farm Act (3 P.S. § 951-957) in an effort to limit the circumstances under 176 1T9 which agricultural operations may be subject to nuisance suits or ordinances. Buyers are encouraged to investigate whether any 179 1ao agricultural operations covered by the Act operate in the vicinity of'the property. 160 181 Explain any eyes" answers in this section: 181 182 - - -.. ?- _.. - - - - ... - ..... _ _. _ - - . .?.. -.. _ .-.?_ _.. .. 162 f83 Buyer Initials: Date SPD Page 3 of 5 Seiler Initials:ZP'ZI. Q._ Date (o ;Ara 183 Feb P.3 UJ Ub le::Up hale real estate (717)532-5463 so 7. ADDITIOIYSJREMODELS Have you made any .Idditior,,, structin il elm, or other alterations to the property? _ Yc; No ' 6s If "yes,,, describe: ;,, sz 6-3 3. WATER SUPPLY 6a , 64 (a) What is the source of your drinking water? Public Water Well on Property _ Community Water 5 4--5 None _____ Other (explain): 65 ,is (b) When was your water last tested? Test results: w?? Woo a•. Ek $7 _ If your drinking water source is not public, is the pumping system in working order'? Yes No s7 68 if "no," explain: ,. _ 68 69 _ (c) Do you have a softener, filter, or other treatment system? Yes --e No 59 :o if you do not own the system, explain: 70 7t (d) Have you ever had a problem with your water supply? ^Yes 4. No ,, 72 (e) Has your well ever run dry`? , Yes X No _ Not Applicable 'a (t) Is there a well an the property not used as the primary source of drinking water? Yes X No ? ra If yes, is the well capped"' Yes _____ No 74 75 (g) Is the water system shared? _ Yes s4 No is ?6 (it) Are you aware of any leaks or other problems, past or present, relating to the water supply, pumping system, and related items? ,c, r- Yes No T ,s Ex plain any "yes" answers in this section, including the location and extent of any problern(s) and any repair or remediation efforts: ra 7S 14 so 4. SEWAGE SYSTEM 6Q M (a) What is the type of sewage system? Public Sewcr _)!gl_ Individual On-lot Sewage Disposal System e; V Individual On-lot Sewage Disposal System in Proximity to Well - Community Sewage Dispa.al System ^ s2 as Ten-acre Permit Exemption _ Holding Tank _ None _ None Available/Permit Limitations in EtTect as at Other type of sewage system (explain): a: 85 es sa (b) If Individual On-lot sewage system, what ty e.7 Cesspool Drainfield Unknown 96 V Other (specify): Cjo C. 1 _ 97 as (c) Are there any septic tanks on the Property? Yes c No Unknown as as If -yes," what type of tank(s)? Metal/steel Cement/concrete Fiberglass i Unknown rr %. _(hher (specify): q0 91 (d) When was the on-site sewage disposal system last serviced? I'M (e) Are there any sewage pumps located on the property? N( Yes _ No 92 91 If yes, type(s) of pump(s) wr.N r.o.-?•^ Are pump(s) in working order! Y Yes ? No 9s 94 Who is responsible for maintenance of sewage pumps? 04 ss (f) is the sewage system shared? Yes x No 95 9E (g) Are you aware of any past or present leaks, backups, or other problems relating to the sewage system and related items? 96 F Yes )-e No 97 _ 911 Explain any "yes" answers in this section, including the location and extent of any problem(s) and any repair or remediation efforts: % tr9 99 too 14. PLUMBING SYSTEM 'M, tot (a) "t"ype of plumbing (check all that apply): •e Copper _ Galvanized , Lead _ PVC _ Polybutylene pipe (PB) tot toe _ Mixed Unknown -Other (explain): 102 t03 (b) Are you aware of any problems with any of your plumbing fixtures (e.g., including but not limited to: kitchen, laundry, or bath- •, n 104 room fixtures; wet bars; etc.)? , Yes No 1u4 16s If "yes," explain: toe 706 11. DOMESTIC WATER HEATING 106 107 (a) Type of water heating: ` Eleebic Natural Gas ! Fuel Oil _ Propane - Solar Sumnier/Winter Hook-Up T tor tos Other (explain): ??p tab tog (b) Are you aware of any problems with w any water heater or related equipment? _ Yes -U_ No 10 11o if "yes," explain: 110 1tt 12. AIR CONDITIONING SYSTEM Itt tt2 (a) Type of air conditioning;: '>4 Central Air .- Wall Units ^ Window Units None 112 t13 Other (explain): 113 114 Number of window units included in sale- Location(s) ltd its (b) Age of Central Air Conditioning System: Zta.7"Z Unknown Date last serviced, if known 115 116 (c) List any areas of the house that are not air conditioned: cl"aQe` _ tto 117 it; its (d) Are you aware of any problems with any item in this section? Yes )e No tto 119 If "yes," explain: 119 120 Buyer Initials: Date SPD Page 2 of 5 Seller lnMals 0 #J,r Date rot26 120 Feb tJ3 t16 12:12p hale real estate (717)532-5463 P.G ? 24318- CONDOMINIUMS AND OTHER HOMEOWNER ASSOCIATIONS (Complete only if applicable) 244 Type_ Condominium V^ Cooperative Homeowner Association or Planned Community 245 Otl r: 246 Notice re?g??a?r?d?in??g`?Condorniniunu, Cooperatives, and ?'2anned Commutrities: R bt{ver ?i a t>'sale unit in a condominium, cnnpern- 247 five, or planned community must receive a copy aJ'the declaration (ocher than the plats and plans), the by laws, bye rules or regula- 2a6 tions, and a certificate of resale issued by the association in the condominium, cooperative, or planned cont- 249 munity. Buyers may, be responsible Jor capital contributions, initiatiori fees or similar one-time fees in addition to regular monthly 250 maintenance fees. The buyer will have the option of canceling the agreement with the return < f all deposit monies until the certificate 251 has been provided to the buyer and for five days thereafter or until conveyance, whichever occurs first. 2s219. MISCELLANEOUS 253 (a) Are you aware of any historic preservation rewiction or ordinance or archeological designation associated with the property? 254 Yes Y No 255 (b) Are you aware of any, existing or threatened legal action affecting the property? : Yes No 256 (c) Are you aware of any violations of federal, state, or local laws or regulations relating to this property? ____ `.'es -%? No 25; (d) Are you aware of any public improvement, condominium or homeowner association assessments against the property that remain 258 unpaid or of any violations of zoning, housing, building, safety or fire ordinances that remain uncorrected? - _ Yes X. No 259 (e) Are you aware of any .judgment, encumbrance, lien (for example, co-maker or equity loan), overdue payment on a support obli- 260 gation, or other debt against this property that cannot be satisfied by the proceeds of this sate`? _ Yes _V- No 261 (t) Are you aware of any reason, including a defect in title, that would prevent you from giving a warranty deed or conveying title to the 262 property? - Yes '7/ No 2U (g) Are you aware of any insurance claims filed relating to the property'? Yes No 260 (h) Are you aware of any material defects to the property, dwelling, or fixtures which are not disclosed elsewhere on this form? 265 Yes e No 266 A material defect is a problem with a residential real property or any portion of it that would have a significant adverse impact 267 on the value of the property or that involves an unreasonable risk to people on the property. The fact that a structural element, 268 system or subsystem is at or beyond the end of the normal useful life of such a structural element, system or subsystem is not by 209 itself a material defect 270 Explain any "yes" answers in this section: 271 272 The undersigned Seller represents that the information set forth in this disclosure statement is accurate and complete to the best 273 of Seller's knowledge. Seller hereby authorizes the Listing Broker to provide this information to prospective buyers of the prop- 274 erty and to other real estate licensees. SELLER ALONE IS RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION 275 CONTAINED IN THIS STATEMENT. Seller shall cause Buyer to be notified in writing of any information suppil-A on this furor 276 which is rendered inaccurate by a change in the condition of the property following c pletion of this form. SELLER DATE Gf f/`S z77 WITNESS?-JIL, 276 WITNESS do 4d SELLER rl?-- DATE o'5 279 WITNESS SELLER DATE 280 291 282 283 284 285 28G 28? 169 289 290 291 292 EXECUTOR, ADMINISTRATOR, TRUSTEE SIGNATURE BLOCK DATE RECEIPT AND ACKNOWLEDGEMENT BY BUYER The undersigned Buyer acknowledges receipt of this Disclosure Statement. Buyer acknowledges that this Statement is not a warranty and that, unless stated otherwise in the sales contract, Buyer is purchasing this property in its present condition. It is Buyer's responsibility to satisfy himself or herself as to the condition of the property. Buyer may request that (tic property be inspected, at Buyer's expense and by qualified professionals, to determine the condition of the structure or its components. WITNESS BUYER DATE W ITKESS BUYER DA'T'E WITNESS BUYER DATE i45 24G `137 248 249 250 251 2S2 as3 25 t 255 256 2,17 Z58 259 2130 28t 262 263 264 265 266 267 Z64 269 270 271 2r1 273 274 2? s 276 27T 278 279 4110 2Z; i 262 283 204 26F ae4 217 288 20, 296 291 A 293 SPD Page 5 of 5 293 Feb - 2 2 2446 10:54AM ........, .... REM AX` 0", .ud -Ww"'A I.u aid uy, tllG µ1-n1- ill Ow V 10ftyl-Idl AUUt:iuow Ut K LN O 6 0 4 3111. 1 2 S?LLER'S BUSINESS)If? ATION$#1P WITH PA LICENSED BROKER . -. BROKER (Company) t r f L? (: U /' fly t ' ' PHONE j ?:...: •?' }- ?> ?- ADDRESS 1 FAX BROKER IS THE, AGENT FOR SELLER. Designated Agent(s) for Seller, if applicable: ?? {t?rc,if ;rf = ,,??N_ .! ..?;.:•::. ?7`Lt OR Broker Is NOT the Agent for Seller and is a/ant C] AGENT FOR BUYF,R ? TRANSACTION LICENSEE BUR'S BUSINF S RELATIONSHIP WITH PA LICENSED BROKER BROKER (Company) PHONEi ADDRESS ' ),'AX `t r Coif BROKER IS THE AGENT FOR BUYER. Designated Agent(s) for Buyer, if applicable: _ OR Broker is NOT the Agent for Buyer and 1s a/an: ? AGENT FOR SELLER ? SUBAGENT FOR SELLER ? TRANSACTION LICENSEE When the same Broker Is Agent for Seller and Agent for Buyer, Broker Is a Dual Agent. All of Broker's licensees are also Dual Agents UNLESS there are separate Designated Agents for Buyer and Seiler. If the sinne Licensee Is designated for Seller and Buyer, the Licensee Is a Dual Agent. I. Qi Rgreem z SELLER(S): 3 d 5 Q T a P. 1U ri r2 t? 14 15 .27 26 n 30 31 3 •t$ 't8 39 yU rtt a:i at a5 t dated f =;? :-t C; 1 r Y Is between called "Seller," and BUYER(S):? 2, PROPERTY (1-98) Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: ALL THAT CERTAIN lgt,,or piece of glrouno with *It}t)1ge and improvements thereon erected, It any, known as: in the t.: - - of -.261 i. County of (? _ ; :.? / •. ??r y? ' in the Co onwealth of Pennsylvania, Zip Identification (e.g., Tax ID t!; Parcel #; Lot, Block; Deed Book, Page, Recording Date) 3. TERMS (1-02) -A A) Purchase. Price , called "Buyer." U.S. Dollars which will be paid to Seller by Buyer as follows: _ 1. Cash or check at signing this Agreement: 2. Cash or check within days of the oxecution of this Agreement: $ 3. $ J 4 ••'4, Cash, cashier's or certified check at time of settlement TOTAL $ %?. •? t? D Deposits paid on account of purchase price to be held by Broker for Seller, unless otherwise stated here; (C) Seller's written approval to be' on or before: (D) Settlement to be on (E) Conveywice from Seller will be by fee simple deed of special warranty unless otherwise stated here: or before if Buyer and Seller agree. (f) Payment of u en0er taxes will be divided equally between Buyer and Seller unless otherwise stated here: iii) At time of settlement, the following will he 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 lteTe: 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; gerage door opener, and transmitters; television antennas; shrubbery, plantings and unpolmd trees; any remaining hearing and conking fuels stored on the Property at the time of.ettlemenr wall to wall carpeting; window covering hil<?wa;r? shades #ad blinds; built-in air conditioners; built-in appliances; and the range/ovcn unless otherwise stated. Also included: ?<, _ t%r v (B) LEASED items (not owned by Seller); t, ra .c 'rz `S 'i •ac :y z? :rte. 3!r e. To be cont,nued 2. tJ fB ?e ?n hT sa st 55 !i5 C> r Sil Ar 1) an is 'A J? 53 54 r6 59 (C) EXCLUDED fixtures mid items: 5. DATES/TIME IS OF THE ESSENCE (1.02) (A) The said date for settlement and all other dates and times referred to for the performance of any of the obligations of this Agreement are agreed to be of the c85cnce of this Agreement and are binding. (B) For the purposes of this Agreement, number of days will be counted ftom the date of execution, by excluding the day this Agreement was executed and including the last day of the time period. (C) The date of settlemenr is not extended by any other provision of this Agreement and rtnay only be extended by mutual written agreement of the parties. (Dj C"tntin 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 b etrikhig out the pre-printed text and inserting a different time period acceptable to all parties. Buyer Initials: A/S.2K Page I of 6 Seller Inttlals: : f` ' L Pone tvanis Assoolatlon of COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTOR S$ M2 REALTOPSO 01i02 Tr Wlp M RW iMM?? V IMgyhMY? 61 F e b. 2 2- 2 0 0 6 E 10 : 55 A Me is N(R E M A X ngctlt on mortgage financing. N 0 6 0 4 3 P 3 62 Ef ELECTED 63 (A) This sale iv contingent upon Buyer ohtaining mortgage trtiancingt as follows: CJ 64 1. Amount of mortgage loan $, / -4-0, 60 s:s 2. Minimum Term ears / rib 3. Type of mortgage 6" a. Interest rate :?- -) To; however, Buyer rees to accept the Interest rate as may be committed by the mortgage lender, not co 64 exceed a maximum interest rare of L11 01 GO S. Discount points, loon origination, loan placement and other fees charged by the lender as a percentage of the mortgage loan (excluding 7D any mortguge insurance premiums or VA funding fee) not to exceed % (01Y6 if not specified) of the mortgage to-an, it The interest rate and fees provisions required by Buyer are satisfied if a mortgage lender makes available to Buyer the right to guuunree an r? interest rate at or below the Maximum Interest Rate specified herein. with the percentago fees at or below the amount specified herein. Buyer T3 gives Sailer the right, at Seller's sole option and as permitted by the mortgage lender and applicable laws, to contribute financially, without 74 promise of reimbursement, to the Buyer and/or the mortgage lender to make the above terms available to Buyer. 76 (B) Within DAYS (10 days if not specified) of the execution of this Agreement, Buyer will make a completed, written mortgage application 76 for the mortgage tents specified above to a responsible mortgage lender. The Broker for Buyer, If any, otherwise the Broker for Seller, is t7 authorized to communicate with the mortgage lender- fo a purposes of assistlug in the mortgage loan process, /J (C) I . Mortgage eommitmout date -7 I ?' - 6 . If a written commitment is not rcccivod by Seller by the above date, Buyer ra and Seiler agree to extend the mortgage cottimitment date until Seller terminates this Agreement in writing by notice to Buyer. sn 2. Upon receipt of a mortgage commitment, Buyer will promptly deliver P. copy of die commitment to Seller. 3. Seller has the option to terminate this Agreement in writing, after the mortgage commitment date if the mortgage commitment: ut a. Is not valid until the date of settlement, OR d3 b. Is condidoned upon the sale and settlement of any other property, OR 34 c. Contains any other condition not specified in this Agreement that is not satisfied and/or removed in writing by the mortgage lender 05 within 7- DAYS after the mortgage commitment date in paragraph 6 (C) (1). fit: A. If this Agreement is terminated as specified in paragraphs b (C) (1) or (3), or the mortgage loan is not obtained foe settlement, all deposit monies a? paid on account of purchase price will be returned to Buyer. Buyer will be responsible for any premiums for mechanics' lien insurance nnd/or All title vouch, or fee for cancellation of same, if any, AND/OR any premiums for flood insurance, mine subsidence insurance and/or fire insur- ae ante with extended coverage, or cancellation fee, if any; AND/OR any appraisal fees and charges paid in advance to the mortgage lender. 94 (D) If the mortgage lender requires repairs to the Property, Buyer will, upon receipt, deliver a copy of the mortgage lender's requirements to Seller. 91 Seller will, within DAYS of receipt of the mortgage lender's requirements, notify Buyer whether Seller will make the requited repairs u? at Seller's expense. t1a 1. If SeUcr chooses to make the required repairs, Buyer will accept the Property and agree to the RELEASE set forth in paragraph 25 of this f14 Agreement. 95 2. If Seller chooses not to make the required repairs, or if Seller falls to respond within the time given, Buyer will, within 5 DAYS, od notify Seller in writing of Buyer's choice to terminate this Agreement OR make tht required repairs at Buyer's expense and with Seller's flu permission, which will not be unreasonably withheld. If Seller denies Buyer permission to make the required repairs, Buyer may, within 9s _ L` DAYS of Seller's denial, terminate this Agreement, in which case all deposit monies paid on account of purchase price will be 9,4 returned promptly to Buyer and this Agreement will be VOID. 1:14 (L') Sal Assist lot S NOTAPPLICABLE 102 Q APPLICABLE. Seller will pay; 1oi S maximum, toward Buyer's costs ai pertnitred by the mortgage lender. 144 toy FHA/VA,IFAPPLICABLE 144 (F) it is expressly agreed that. notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the purchase of the 1t17 Property described herein or to inctu• any powdry by forfeiture of earnest money deposits or otherwise unless Buyer has been given, in accor- lntt dance with HUD/RiA or VA requirements, a written statement by the Federal Housing Commissioner, Veterans Administration, or a Direct NO Endorsement Lender setting forth the appraised value of the. Property of not less than S (the dollar amount to be 110 inserted is the sales price as stated in this Agreement). Buyer will have the privilege and option of proceeding with consummation of the con- 111 tract without regard to the amount of thr appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the 1:;. Dcpartmerrl of Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the Property. Buyer should ;.3 satisfy himself/herself that the price and condition of the Property are acceptable. `.14 Warning: Section 1010 of 'side t&, U.S.C., Department of Housing and Urban Development and Fedml Housing Administration 05 Transactions, provides, "Whtx.ver for the purpo.w of ... influencing in any way the action of such Department, makes, passes, utters or pub- l ie litihes any statement, knowing the saute to be false ... shall be fined tinder this title or unprisoncd not more thou two years, or both." 117 (0) U.S. Deptu tment of Housing and Urban Development (HUD) NOTICE TO PURCHASERS., Buyer's Acknowledgement C3 Buyer has received the HUD Notice "For Your Protection: Get a Home Inspection" (see Notices and Information on Property Condition 11 Inspections). Buyer understands the importance of getting an independent home inspection and has thought about this before signing this 124 Agreement. 121 ?. Buyer's Initials Date 122 (H) Certification We the undersigned, Sellcr(s) and Buycr(s) party to this transaction each certify that the tc rms of this contract for purchase arc 123 true to the bent of ourknowlcdgo and belief, and that any other agreement entered into by any of these parties in connection with this transuc- 124 tion is attached to this Agreement. t25 7. INSPECTIONS (1-02) 126 (A) Stller agrees to permit inspections by authorized appraisers, reputable certifiers, insurer's representatives, surveyors, municipal officials and/or 12t buyer as may be required by the mortgage lender, if any. or insuring agencies. Seller further agrees to permit any other inrpectitlm4 required by 129 or nrovidcd for in the terms of this Agreement. Bever has the right to attend all insnectinnc t r E 7 t r r V a: it $f at $t NI a, 9r JA an at 97 as yon 1Ut 102 i03 RN 16 T0-: VAI 101 1?C 11; 11Y M 1i4 ?r 1?G IT/ ns Its 71 !2x 123 S114 1IS 1'26 1:t1 To be continued 11 1?1{{U{11 R 3. 1I3 1E .__ ._...-.. _- .-.... ..b. v..u.v.....+v)ra aqua seas. aa?all W GLLV IIU 11 1 . i2a (B) Buyer reserves the right to make a prc•settlement walk-through inapection of the Property. Buyer's right to make this inspection is not waived i:n 130 by any other provision of this Agreement. IMI 731 (C) Salter will have heating and all utilities (including fuel(s)) on for the inspections. is; _ 132 (D) All inspectors, including home inspectors, are authorized by Buyer to provide a copy of any reports to Broker for Buyer. ?32 131 S. PROPERTY INSPECTION CONTINGENCY (i-02) 1s:t 134 Cl?krr provisions of this Agreement may provide for inspections and/or certifications that are not waived or altered by Buyer's election here. liq 135 WANED. Buyer understands that Buyer has the option to request inspections of the Property (see Property Inspection Notices and 135 136 Environmental Notices). BUYER WAIVES THIS OPTION and agrcos to the RELEASE set forth in paragraph 25 of thin Agreement. 96 13" 0 ELECTED 137 138 (A) Within DAYS (15 days if not specified) of the execution of this Agreement, Buyer, at Buyer's expenbe, may choose to have inspec- i3a 1JS dons and/or certifications completed by licensed or otherwise qualifiod professionals (see Property Inspection Notices and Environmental Ise 14o Notices). This contingency does not apply to the following existing conditions and/or items: 140 141 141: 142 (B) Should Buyer elect to have a home inspection of the Property, as defined in the Pennsylvania Horne Inspection Law. (see information Regarding 142 taxi the House Inspection Law) such home inspection shall be performed by a full member in good standing of a national home inspection associ- 143 144 ation, t1F by a person supervised by a full member of a national home inspection association, in accordance with the ethical standards and code Ida 1a5 of condgket ter practice of that association. :46 146 k) ., r. Bu er I itials 1? A/S 2K Pd 2 of 8 Seller Inltiels: / 146 y ge n - 14s 14Q 1:,4 tr,:7 1 tis 154 1d5 158 157 198 !09 140 141 '162 tt:9 '164 l6,ri 163 167 160 149 178 171 172 173 174 fie i7A 177 178 1 rs 160 181 182 1as 184 1115 186 187 188 189 100 '191 192 19'; 194 195 1£5 191, 138 199 ZOO 101 7.42 >'09 204 205 203 10 206 209 213 211 21z ",1Y 214 215 F e b , 2 2. 2 0 0 his 10 : 5 5 A Mi with REM A Xition of the Property as stated in any wriltan report, Buyer will: N o . 6 0 4 3 P . 4 , U Option L Within the time given for completing Inspections: t. Accept the Property with the information stated in the repon(s) and agree to the RELEASE set forth in paragraph 25 of thin Agreement, OR 2.. Trrlninate 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, OR 3. Enter into a mutually acceptable written agreement with Seller providing for ati'y repuin or improvements to the Property anti/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 acid according to the provisions in paragraph S(C) (Option 1) 1 and 2. ? Option 2. Within the 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, UNLESS the total cost to correct the conditions contained in the report(s) is more than $ _ 2. If the total goat to correct the conditions contained in the report(s) EXCEEDS the amount specified in paragraph 8(C) (Optiurt 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 lake 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) acid the amount specified in paragraph 8 (C) (Option 2) 1. This option must be acceptable to the mortgage lender, if any. (3) Not make repairs and nor credit Buyer at settlement for any costs to repair conditions contained in the report(s). b. If Seller chooses to make rcpaio or credit Buyer at aetdemcnt as apcctficd in puragraph 8 (C) (Option 2) 2, Buyer will accept the Property and agreo to the RELEASE :let 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 Agreement, OIL (2) M-xminate this Agreement in writing by notice to Seller, in which case all deposit monies paid on ticcount of purchase price will be returned promptly to Buyer trod this Agreement will be VOID. 9. WOOD INFESTATION INSPECTION CONTINGENCY (1-02) ? 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 act forth in paragraph 25 of this Agreement. V ELECTED (A) Within DAYS (15 days if not specified) of the execution of this Agreement, Bayer,_ 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 requiretnents, 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, hiss the option to obtain a writ- ten report by a professional contractor, home inspection service, or structural engineer that is hinited to structural damage to the Propony caused by woad-destroying organisms and a proposal to repair the damage. Buyer will deliver the structural damage report and corrective proposal to Seller within - 7 DAYS of delivering the original inspection report. (D) Within _5 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. (P) If Seller chooses not to repair structural damage revealed by the report or fails to respond within the time given, Buyer, within_ 5 GAYS, will notify Seller in writing of Buyer's choice to: 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 this 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 agiveas to the RELEASE set forth in paragraph 25 of this Agreement. If Seller denies Buyer permission to make the repairs, Buyer may, within S DAYS of Seller's denial, terminate this Agreement in writing, in which case all deposit monies paid.on account of purchase price will be retumed promptly to Bayer and this Agreement will be VOID, OR 3. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer rued this Agreement will he VOID. 10. RESIDENTIAL LEAD-BASED FAINT HA7ARD REDUCTION ACT NOTICE REQUIRED FOR PROPERTIES B%T BEFORE 1978 (1-02) NOT APPLICABLE ? APPLICABLE (A) Seller represents that Seller hat: no knowledge concerning the presence of lead-based paint and/or lead-based paint hazards in or about the Property, unless checked below. 13 Seller hag knowledge of the presence of lead-based paint and/or lead-based paint hazards in or about the Property. (Provide the basis for determining that lead-based paint and/or hazards exist, the location(s), the condition of the painted surfaces, and other avu0ab)e informa- tion concerning Sellers knowledge of the presence of lead-based paint and/or lead-based paint hazards.) l,,y r :0 '14ki 1GJ 1J1 Mfi2 154 15S 158 157 158 169 1c6 lei l t;2 iEf5 164 Icy 1Sti 'ink 168 U9 1%J 171 17'1 17,11 U4 t'(i> 1To 1?a 161 Q 133 1W3 :87 130 185 IN 191 M2 193 194 1W Y:1r? 190 wit 21;1 AYI 1113 _4 26s sirs 2r? 210 '11 ::12 '19 2W 715 To be continued 4. zts (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, ).iii a» unless checked below. 11' 210 ? Seller has provided Buyer with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in or about 211 'ritr the Property. (List docu vents) 219 2410 2^0 221 (C) Buyer's Acknowledgetnent: Buyer hits received the pamphlet Protect Your Family from Lend in Your Home and has read the Lead Warning ,!1 222 Statement contained in this Agreement (set Environmental Notices). Buyer has reviewed Stllcr's disclosure of known leAd-based paint and/or 2z1 lewd-based paint hazards, m identified in paragraph 10(A) and has received the records and reports pertaining to lead-based paint and/or lead-- xzj 221! based paint hazards identified in paragraph 10(B). .24 229 Buyer's initials Date 2'195 226 (D) RISK ASSESSMENTANSPECTION: Buyer acknowledges that before Buyer is obligated to buy aresidential dwelling built before 1978, Buyer 227 hus 1 _ DAYS to conduct a risk assessment or inspection of the Property for the presence of lead-based paint and/or lead-based paint hazards. ?i- 228 WAIVED. Buycr understands that Buyer has the right to conduct a rick assessment or inspection of the Property to determine the presence of xP 229 lead-basod paint and/or lead-based paint hazards. BUYER WAIVES THIS RIGHT and agrees to the RELEASE set forth in paragraph 25 of aa9 230 this Agreement. 2110 231 ? ELECTED ::31 232 1. By r x, at Buyer's expense, chooses to obtain a risk assessment and/or inspection of the Property for lead-based paint and/or lead-based sax 233 paint bazar risk assessment and/or inspection will be completed withln 10 DAYS of the execution of this Age" 7nen ? ' ' !? ` '' 33 234 i Buyer Initials: ` : ) a! " A/8-1K Page 3 of 8 Seller Initials: ? ?' I.J 4180 0 F e b • 2 2. 2 0 0 6'° 10 : 5 6 AM "'u" R E M A X`r tnuy deliver to Seller a written fist of the specific hazardous ConditN 0.6 0 4 3, the F • 5 tend thow eta 237 ___...CL_.- ...y.,.,.,ted by A14YC1, along with a copy of the risk tmeasmont and/or inapectiun report. ' J i 232 3. Seller may, within 7 DAYS of receiving the lint and report(s), submit a written corrective proposal m .Buyer, The corrective proposal 'tvs 7110 will include, but nor be limited to, the name of the remediation company trod a projected completion date for corrective measures. Seller _nl 24G will provide cerdtication from a risk assessor or inspector that corrective measures have been satisfactorily completed on or before- rho if) 24i projected completion date. Al 242 4. Upon receiving the corrective proposal, Buyer, within 5 DAYS, will: 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 244 b. 'll rminate this Agreement in writing, Jn which case all deposit monies paid on account of purehaae price will he returned pmmpdy 2sa .;5 to Buyer and this Agreement will be VOID. ^.,?y 5. Should Seller fail to submit a written corrective proposal within the time set forth in paragraph 10(D)3 of this Agreement, Buyer, a,t5 24r within 5 DAYS, will: sr` 243 a. Accept the Property it% writing, and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 2414 '45 b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly eau a5C to Buyer and this Agreemont will be VOID. 250 251 6, Buyer's failure to exercise any of Buyer's options within the time limits specif?ed in this paragraph will constitute a WAIVER of _>,7 70 this contingency and buyer accepts the property and agrees to the RE, LEASE set forth in paragraph 25 of this Agreement. aZA 3S3 (J) Certification: By signing this Agreement, Buyer and Seiler certify the accuracy of their rnpectivc statements, to the best of their knowledge. ,'.5j 7341. 11. STATUS OF RADON (1-02) 755 (A) Seller represents that Seller has no knowledge concerning the presence or absence of radon unless checked below, Yes tad C3 1. Seiler has knowledge that the Property was tested on the dates, by the methods charcoal canister, alpha track, etc.), and with 2 the results of all testa indicated below: 25; xs3 DATE TYPE OF TEST RESULTS (picocurios/6ter or working level:t) 26?+ JV 'taL` eat COPIES OF ALL AVAILABLE TEST REPORTS will be delivered to Buyer with this Agreement. SELLER DOES NOT WAR- Ff,'•! ca'. RANT EITHER THE METHODS OR RESULTS OF THE TESTS. 2G3; ? 2. Seller has knowledge that the Property underwent radon reduction measures on the date(s) and by the method(s) indicated below: 26a DATE RADON REDUCTION METHOD ?a'' 2G5 2E7 - ------------------------------------------- ((RADON INSPECTION CONTINGENCY ?" 266 WAIVED. Buyer understands that Buyer.has the option to request that the Property be inspected for radon by a certified inspector (set Environ- 7% Zan mental Notices: Radon). BUYER WANES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement. 2W 270 ? ELECTED. Buyer, at Buyer's expense, has the option to obtain, from it certified inspector, a radon test of the Property, and will deliver a copy ;70 271 of the test report to Seller within DAYS (15 days if not specified) of the execution of this Agreement. (See Environmental Notices; 271 zrt Radon) 27z V3 1. If the test report reveals the presence of radon below 0.02 working levels (4 picocurieslliter), Buyer a:ecpts the Property and agrees to the 2114 RELEASE set forth in paragraph 25 of this Agreement. 275 2. If the test report reveals the presence of radon at or exceeding 0.02 working levels (4 picocuries/liter), Buyer will, within _ 7 DAYS 275 276 of receipt of the test results: err ? Option I u'r 2711 a• Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR =rti 270 b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer 'I r9 gas and this Agreement will be VOID, OR =6' 261 c. Submit a written, corrective proposal to Seller. The corrective proposal will include, but not be limited to, the name of the certified mitt- ?,w 232 gadon company; provisions for payment, including retests; and a projected completion dace for corrective measures. ?a 263 (1) Within _,5_ DAYS of receiving the corrective proposal, Seiler will: ?g:+ z3x (a) Agree to tho terms of the corrective proposal in writing, in which cult Buyer accepts the Rropeity and agree6 to the :!44 sa; RELEASE set forth in paragraph 25 of this Agreement, OR 2or.: (b) Not agree to the terms of the corrective proposal. 287 (2) Should Seller not agree to the terms Of the corrective proposal or if Stiller fails to respond within the thne given, Buyer will, within ?ti; tF; 5 DAYS, elect to: 'ar Zeta (a) Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR ?a'a 2oa (b) Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned 1 promptly to Buyer and this Agreement will be VOID. :29a ? Option 2 s.93 a. Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of thia Agreement, OR 2n3 &i b. Submit a written, corrective proposal to Seller. The corrective proposal will include, but not be limited to, the name of the certified miti- z!u r5 gation company; provisions for payment, including retests; and aprojeetcd completion date for corrective measures. Seller will pay a max- 2 N 2se imum of $ toward the total cost of remediation and retests, which will be completed by setdoment. ?'dr 29) (1) If the total cost of remedintion and retests EXCEEDS the amount specified in paragraph I I (B) (Option 2) b, Seller will, within NY 2st ?_ DAYS of receipt of the cost of remediation, notify Buyer in writing of Seller's choice to: Zen (a) Pay for the total cost of remediation and retests, in which case Buyer accepts the Property and agrees to the RELEASE set forth yrr sue in paragraph 25 of this Agreement. OR 10V sat (b) Contribute toward the total cost of remediation and retests only the amount speciftod in paragraph ll(B) (Option 2) b. Inc 3a'r (2) If Seller chooses not to pay for the total cost of remediation and .rcte9ti, or if Sailer fails to choose either option within the time lag nos given. Buyer will,,within.5,_ DAYS, notify Seller in writing of Buyer's choice to: a?3 ana (a) Pay the difference between Seller's contribution to remediation and retests and the actual cost thereof, in which case 334 To be continued Sus Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR 3Uli (b) Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned prontpt.ly to Buyer and this Agreement will be VOID. aot; 12. STATUS OF WATER (1-02) 3% (A) Seller represents that the Property is served by- 310 ? /Public Water 3111 U? On-site Water ? Community Water St3 ? None 414 Sts (9y WAT1rR SERVICE INSPECTION CONTINGENCY 316 WANED. Buyer acknowledges that Buyer hos the option to request an inspection of the water service for the Property. BUYER WANES 317 THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement. $ts Q ELECTED M 1. Buyer has the option, within DAYS (15 days if not specified) of the execution of this Agreement and at Buyer's expense, to deliver 320 to Se&Laa written inspection report by a qualified, professional water testing company of the quality and/or quantity of the water service. la2t ? 322 Bayer lnldals r E } Vv" f; •f /? A/S-2K Page 4 of 8 Sever INtlale; \ ;• ? -.. 5. 3oa J J'r 97;1 +tt sr_ ?st't ".t1 4'i5 3'.3 3 i'1 1.3 7?3 a:su 331 7'1.2 F e b 2 2 • 2 O 0 6 7 0 5 7 AWhe repR E MAXils that the water service does not meet the minimum standards of any N.o ' 6 O 4 3,overP :__ 6tl authority andlot Surisfy the regwcements for quality and/or quantity Sot by the mortgage lender, if any, than Seller will, within 7- DAYS of re 3!7 the report, notify Buyer in writing of Seller's choice to; sse a. Upgrade the water service to the minimum acceptable levels, before settlement, in which Casa Buyer accepts the Property ant M to the RELEASE set forth in paragraph 25 of this Agreement. OR i 330 b. Not upgrade the water service. 1 sat 4. If Seller chooses not to upgrade the service to minimum acceptable levels, or fails to respond within the time given, Buyer will, 332 5 DAYS, tither: 9311 a. Accept the Property and the water service and, if required by the mortgage lender, if any, iuid/ur any govefnmcntul authority, t 334 the water service before settlement or within the time required by the mortgage lender, if any, and/or any governmental uutht 335 Buyer's expense and with Seller's permission, which will not be unreasonably withheld, and agree to the RELEASE set forth i 330 graph 25 of this Agreement. If Seller denies Buyer permission to upgrade the water service, Buyer may, within S Di Seller's denial, terminate this Agreement in writing, in which case all deposit tmoniss paid on account of purchase price 330 returned promptly to Buyer and this Agreement will be VOID, OR 339 b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned pri 340 to Buyer and this Agreement will be VOID, i 341 13. STATUS OF SEWER (1-02) I 242 (A) Seller represents that the Property is served by: 343 ? ublic Sewer 344 P Individual On-lot Sewage Disposal System (See Sewage Notice 1) i 345 ? Individual On-lot Sewage Disposal System in Proximity to W611 (See Sewage Notice 1; sec Sewage Notice 4, if applicable) Us ? Community Sowage Disposal System 347 ? Ten-acre Permit Exemption (See Sewage Notice 2) `I 348 ? Holding Tank (See Sewage Notice 3) j 348 ? None (See Sewage Notice 1) j 353 ? None Available/Permit Limitations in Effect (See Sewage Notice 5) 351 ? I 352 (B)e"IVIDUAIL ON-LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY 353 Er WAIVED, Buyer acknowledges that Buyer has the option to request an individual on-lot sewage disposal inspection of the Property. BT 364 WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement. 395 ? ELECTED 35G i. Buyer has the option, within DAYS (15 days if not specified) of the execution of this Agreement and at Buyer's expel; 357 deliver to Seller a written inspection report by a qualified, professional inspector of the individual on-lot sewage disposal system. 3511 2. Seller, at Seller's expense, agrees. if and as regL*d by the inspection company, to locate, provide access to and•cmpty the individu 356 lot sewage disposal system. Seller also agrees to restore the Property, at Seller's expense, prior to settlement. i NO 3. If the report reveals defects that do not require expansion or replacement of the existing sewage disposal system, Seller will, N 361 7 DAYS of receipt of the report, notify Buyer in writing of Seller's choice to: 362 a. Correct the defects before settlement, including retests, at Seller's expense, in which cage Buyer accepts the property and agn 363 the RELEASE set forth in paragraph 25 of this Agreement. OR 364 b. Not correct the defects. 369 4. It Seller chooses not to correct the defects, or if Seller Pails to respond within the time given, Buyer will, within 5 DAYS, eil 366 a. Accept the Property and the system and, if required by the mortgage lender, if any, and/or tiny governmental authority, cony 367 defects before settlemanmt or within the time required by the mortgage lender, if any, and/or any governmental authority, tit Bu 3sa bolo expense and with Seller's permission, which will not be unreasonably withheld, and agree to the RELEASE set forth in 369 graph 25 of this Agreement. If Seller deities Buyer permission to correct the defects. Buyer may, within 5 DAYS of Se 370 denial, terminate this Agreement in writing, iri which case all deposit monies paid on account of purchase price will be tern j 87i promptly to Buyer and this Agreement will be VOID, OR 372 b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be retu ! 373 promptly to Buyer and this Agreement will be VOID. 37,1 5. If the report reveals the need to expand or replace the existing individual on-tut sewage disposal system, Seller may, within 25 D 375 of receipt of the report, submit a corrective proposal to Buyer. The corrective proposal will include, but not be limited to, the name o l lint remediation compuny; provisions for payment, including retests; and a projected completion date for corrective measures. W j 377 5 DAYS of receiving Seller's corrective proposal, or it no corrective proposal is received within the time given, Buyer will: 3714 a. Agree to the terms of the corrective proposal, if any, in writing, in which case .Buyer accepts the Property and agrees to the REIS. 379 set forth in paragraph 25 of this Agreement, OR 33u b. Accept the Property and the system and, if required by the mortgage lender, if any, and/or any governmental authority, corrcc 301 defects before settlement or within the time required by the mortgage lender, if any, and/or any governmental 2uthoriiy, at Bu) 301 sole expense and with Seller's permission, which will not be unreasonably withheld, and agree to the RELEASE, set forth in F 333 graph 25 of this Agreement. If Seller denies Buyer permission to correct the defects, Buyer may, within 5 DAYS of Sel 384 denial, terminate this Agreement in writing, in which ease all deposit monies paid on account of purchase price will be retui j 389 promptly to Buyer and this Agreement will be VOID, OR 306 c. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned proem X87 to Buyer and this Agreement will be VOID. 383 114. NOTICES, ASSESSMENTS & CERTIFICAT'F.S OF OCCUPANCY (1-02) i mo (A) Seller represents, as of Seller's execution of this Agreement, that no public improvement, condominium or honneowncr association assessing 3flu have been made against the Property which remain unpaid, and that no notice by any government or public authority has been nerved u ! 341 Seller or anyone on Seller's behalf, including notices relating to violations of zoning, housing, building, safety or fire ordinances which retr 1 392 uncorrected, and that Seller knows of no condition that would constitute violation of any such ordinances which remains uncorrected, un 303 otherwise soecifced here: To be continued 6 3A4 ss.'t (B) Seller knows of no other potential notices (including violations) and assessments except as follows: aye; J47 (C) In the event any notices (including violations) and assessments are received after execution of this Agreement and before settlement, Seller % N6 notify Buyer in writing, within 5 _ DAYS of receiving the notice or assessment, that Seller will: 390 L Comply with notices and assessments at Seller's expense, in which case Buyer accepts the Property and agrees to the RELEASE set fc ;DO in paragraph 25 of this Agreement, OR ant 2. Not comply with notices and assessments at Seller's expense. 402 3. If Seller chooses not to comply with notices and assessments, or fails within the throe given to not4 Buyer If Seller will comply, Bu, sus will norify Seller within _ 5 DAYS in writing that Buyer will either: 404 a. Comply with notices and assessments; at Buyer's expense and agree to the RELEASE set forth in paragraph 25 of this Agreement. 1(15 b. Terminate this Agreement, in which care aft deposit monies paid on account of purchase price will be returned promptly to Bu, ,106 and this Agreement will be VOID. 47 If Buyer Ma to notify Seller within the time given, Buyer accepts the Property and agrees to the RELEASE, set forth in pet dots graph 25 of this Agreement. 40s (D) Buyer is jdvjp ah?c t a public road may require issuance of a highway occupancy permit from the Department of Tr4tn)portafion, 41U Buyer Initials: t 4; A/S-2K Page S of 8 Seller Initials: ! C . 414 .? iu, ,r ] VI UK: CxtCUt1u11 01 UILS A61'CEMICIA Jb11cr Will UrL10' 101' tldtvur tLJI' tu;. ltlcuicut: REM A X F e b • 2 2 . 2 O O 6.r 10 ; 5 8 A M;m th 6 O 3 t rJ 0 i i l d P 411 ? a e e mun c pa epartment or departments disclosing notice of any unco adon. ,,, ?vaing, hour- 412 413 ins, building, safety or fire ordinances. AND/OR 03 614 2. A ctrtificate permitting occupancy of the Property. In the event rcpairs/improvements arc required for the issuance of the certificate, Seller w i j 416 will, within S DAYS of Seller's receipt of the requirements, notify Buyer of the requirements and whether Seller will make the 4'1,°, 416 required repairs/improvements at Seller's expense. 41e 417 If Seller choosey to make the required repairs/improvements, Buyer agrees to accept the Property as repaired and agrees to the RELEASE set 417 418 forth in paragraph 25 of thin Agreement. If Seller chooses not to make the required repairs/improvements, Buyer will, within 5 DAYS, •4111 419 notify Seller in writing of Ruyer's choice to terminate this Agreement OR make the repairarimprovementa at Buyer's cxpenae and with Saller'S 419 420 permission, which will not be unreasonably withheld. If Seller denies Buyer permission to make the required repairs or if Seller fails to respond 4,?0 4?1 within the time given, Buyer may, within 5 DAYS, terminate this Agreement in writing, in which case all deposit monies paid On account 421 422 of purchase price will be returtlod promptly to Buyer and this Agreement will be VOID. 422 423 15. TITLE, SURVEYS & COSTS (1-02) .23 424 (A) The Property is to be conveyed free'and clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the following: existing g211 425 dead restrictions, historic prcaervadon restrictions or ordinances, building restrictions, ordinances, easements of roads, easements visible upon 42Fi 426 the ground, easements of record, privileges or rights of public service companies, if any; otherwise the title to the above described real estate 4::i; 4z! will be good and marketable and such as will be insured by a reputable Title Insurance Company at the regular rates, q27 1129 (B) Buyer will pay 'for the following: (1) Tide search, title insurance and/or mechanics lien insurance, or fee for cancellation of carne, if tiny; sea n?-q (2) Flood insurance, fire insurance with extended coverage, mine subsidence insurance, or fcc for cancellation of game, if any; (3) Appraisal 4-al ;a^ fees and charges paid in advance to mortgage lender, if any; (4) Buyer's customary settlement costs and accruals. 43I 431 (C) Any survey or surveys which may be required by the Title Insurance Company or the abstracting attorney for the preparation of an adequate = s1 432 logatl description of the Property (or the correction thereof) will be secured and paid for by Seller. Any survey or surveys desired by Buyer or 432 4T.i required by the mortgage lender will be secured and paid for by BBoyer. 4$4 (D) In the event Seller is unable to give a good and marketable tide and such as will be insured by it reputable Title Company at the regular Intes, as 434 435 specified in paragraph 15(A), Buyer will have the option of. (1) taking such title as Seller can give with no change to the purchase price; or (2) being ?&s -13e repaid all monies paid by Buyer to Setter on account of purchase price and being reimbursed by Seller for any costs incurred by Buyer for any inspec- 486 437 duns or certifications obtained according to the terms of the Agreement, and for those items specified in paragraph 15(B) items (1), (2), (3) and in 431 438 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. o9a 43? 16. ZONING CLASSIFICATION (1-02) 4.4 448 Failure of this Agreement to contain the zoning classification (except in cases where the property (and each parcel thereof, if subdividable) is zoned 44') 441 solely or primarily to permit single-family dwellings) will render thin Agreement voidable at the option of the Buyer, and, if voided, Any deposits 44'i 442 tendered by the Buyer will be turned to the Buyer without any requirement for court action. 4a'? 4Q Zoning Claiwitication:• .-< 4.1,1 414 ? ELECTED. Within IS DAYS of the execution of this Agreement, Buyer will verify that the existing use of the Property as 444 445 u pennitted. In the event the use is not permitted, Buyer will, within the time 445 446 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 440 447 case all deposit monies paid on account of purchase price will be returned promptly to Buyer. Buyer's failure to respond within the time 441 4,16 iven will constitute a WAIVER of this contingency and all other terms of this Agreement remain In full force and offset. 443 449 NOTICE 17. / 445 450 OT APPLICABLE 450 451 E3APPLICASLE 451 462 THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE THE TO THE COAL AND RIGHTS OF SUPPORT UNDERNEATH THE SURFACE LAND aw? 433 DESCRIBED OR REFERRED TO HEREIN. AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE ComKF 1•E LEGAL kiOHT TO REMOVE ALL SUCH COAL AND 458 4St IN THAT cONNHCT oN, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. (This 454 455 notice is set fords in the manner provided in Section 1 of the Act of July 11, 1951, P.L. 984,) "Buyer acknowledges that he may not be obtaining the- 166 438 right of protection against subsidence resulting from coal nutting operatioms, and that the prgpetty described herein may be protected from damage 453 4s" due to mine subsidence by it private contract with the owners of the economic interests in the coal. This acknowledgement is made for the purpove i:;7 458 of complying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966," Buyer agrees +; ? Asa to sign the deed from Seller which deed will contain the aforesaid provision. 45) 463 19. POSSESSION (1 -02) - loci 461 (A) Possession is to be delivered by deed, keys and; 461 482 1. Physical possession to vacant Property free of debris, with all structures broom-clean, at day and time of settlement, AND/OR 402 463 2. Assignment of existing lease(s), together with any security deposits and interest, at time of settlement, if Property is leased ut the 46:t 464 execution of this Agreement or unless otherwise specified herein. Buyer will acknowledge existing lease(s) by initialing said lease(s) at 4o4 465 time of execution of this Agreement, 4115 466 (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 496 467 consent of Buyer. 467 4tid 19. RECORDING (3.86) This Agreement will not be recorded in the Office for the Recording of Deeds or in any other office or place of public record 4G3 469 and if Buyer causes or permits this Agreement to be recorded, Seller may elect to treat such act as a breach of this Agreement. 469 470 20. ASSIGNMENT (3-65) This Agreement will be binding upon the parties, their respective heirs, personal representatives, guardians and succossors, 470 471 and to the extant assignable, on the assigns of the patties hereto, it being expregely understood, however, that Buyer will not transfer or assign this 471 472 Agreement without the written consent of Seller. 472 473 21. DEPOSIT & RECOVERY FUND (1-02) 1173 474 (A) Deposits paid by Buyer within 30 DAYS of settlement will be by cash, cashier's or certified check. Deposits, regardless of the form of 471 4.75 payment and the person designated as payee, will be paid in U.S. Dollars to Broker or party identified in paragraph 3(B), who will retain them sm 476 in an escrow account until consummation or termination of this Agreement in conformity with all applicable laws and regulations. Any uncashcd 47,; 477 check tendered as deposit monies may be held pending the acceptance of this offer. 477 a'rt1 (B) Upon termination of this Agreement, the Broker holding the deposit monies will release the deposit monies in accordance with the terms of a 476 4'y fully executed written agreement between Buyer and Seller: 474 To be continued 7 . AGO (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 4so sat 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 -,a 4sa 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. 402 'Q3 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' 4in 464 feea artd costs of the broker(s) and licensee(s) will be paid by the party joining them. 404 465 (.D) A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real emate 4a!i 488 licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been unable to collect the judgment after exhaust- 04 487 ing all legal and equitable remedies. For eomplere details about the Fund, call (717) 783-3659, or (800) 822-2113 (within Pennsylvania) and 487 ,ass (717) 783-4854 (outside Pennsylvania)- 4A 4oo 22. CO OMINIUM/PLANNE,D COMMUNITY (HOMEOWNER ASSOCIATION) RESALE NOTICE (1-02) 439 4" NOT APPLICABLE 490 491 © APPLICABLE: CONDOMINIUM. Buyer acknowledges that the Property is a unit of a condominium that is primarily run by a unit owners' 191 492 asgoctiiation. §3407 of the Uniform Condominium Act of Pennsylvania requires Seller to furnish Buyer with a Certificate of Rcsale and copies ts'. 49s of tho condominium declaration (other than plats and plans), the bylaws, and the rules and regulations of the association. '19A 444 ? APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOCIATION). Buyer acknowledges that the Property is part of a planned 404 ass comint nity as defined by the Uniform Planned Community Act. (See Definition of Planned Community Notice). §5407(x) of the Act requires ae 440 Seller tt furnish Buyer with a copy of the Declaration (other than platy and plans), the bylaws, the rules and regulations of the association, and 41,s 497 a Certi49te o?nt i the provisions set forth in §5407(a) of the Act. i . 1 491 4621 Buyer Wtialyi,,;;;,??,? c1 A/S-2K Page 6 of 8 Seller Initials: iss V ILL D 'Eli'I'l(E:' TIIXI' ARE PAKF OF A CONDOMINIUM OR A• PLAL`N o • 6 0 4 31MUP , 6 yon Feb • 22: 2006510 ? 59AM REMAX -1.,_ if the c :............. of this Agreement, Seller will submit a request to the association for a t:ensttcuta of Resale and the doc- 5011 uments necessary to enable Seller to comply with the Act. The Act provides that the association is required to provide these documents within 502 10 days of Seller's request. $03 (B) Seller will promptly deliver to Buyer all documents received from the association. Under the Act, Seller is not liable to Buyer for the failu ; or 504 delay of the association to provide the Certificate in a timely manner, nor is Seller liable to Buyer for any erroneous information provided by 6011 the association and.included in the Cettitlcnte. Eau (C) Buyer may declare this Agreement VOID at any time before Buyer's receipt of the association documents and for S days thereafter, OR until 507 settlement, whichever occurs first. Buyer's notice declaring this Agreement void must be in writing; thereafter all deposit monies will bo 506 returned to Buyer. SOD (D) In the event the association has the right to buy the Property (right of first refusal), and the association exercises that right, Scaler will reimburse 510 Buyer for all monies paid by Buyer on account of purchase price and for any costs incurred by Buyer for, (1) Title search, title insantncr and/or 511 mechanics lien insurance, or fee for cancellation of same, if any; (2) Flood insurance and/or fire insurance with extended coverage, mine sub- st2 sidence ineurantie, or fee for cancellation of same, if any; (3) Appraisal fees and charges paid in advance to mortgage lender, if any. 5,3 23, MAINTENANCE & RISK OF LOSS (1-02) 614 (A) Seller will maintain the Property, grounds, fixtures, and any personal property specifically scheduled herein in ire present condition, normal 618 wear and tear excepted. 516 (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 6» notify Buyer in writing of Seller's choice to; SIB 1. Repair or replace the failed system or appliance before settlement or credit Buyer at settlement for the fair market value of the failed sys- ±19 tem or appliance (this option must be acceptable to the mortgage lender, if any). In each case, Buyer accepts the Property and agrees to 52o the RELEASE set forth in paragraph 25 of this Agreement. OR 5:111 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 oe szz appliance. If Seller does not repair, replace or offer a credit for the failed system or appliance, or It Seller falls to notify Buyer Si; of Seller's choice, Buyer will notify Seller in writing within ^5_ DAYS or before settlement, whichever is sooner, that Buyer 5211 will: US a. Accept the Property and agree to the RELEASE set forth iu paragraph 25 of this Agreement, OR 52s 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. 5!F (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- 529 erty included in this sale that is not repaired or replaced prior to settlement. Buyer will have the option of rescinding this Agreement and 530 promptly receiving all monies paid on account of purchase price or of accepting the Property in its then condition together with the proceeds 531 of any insurance recovery obtainable by Seller. Buyer Is hereby notified that Buyer may insure Buyer's equitable interest in this Property as of 532 the time of execution of this Agreement. 533 24, WAIVER OF CONTINGENCIES (1-02) 534 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 52Z the time lhnits set forth in this Agreement will constitute a WAIVER of that contingency and Buyer accepts the Property and agrees to the sat, RELEASE set forth in paragraph 2S of this Agreement. 5's% 25. RELEASE (1-02) sea Buyer hereby releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES, and any OFF I- 639 CER or PARTNER of any one of them and any other PERSON, FIRM, or CORPORATION who may be liable by or through them, from 540 any and all claims, losses or demands, Including, but not limited to, personal injuries and property damage and all of the consequences there- 541 of, whether now known or not, which may arise from the presence of termites or other wood-boring Insects, radon, lead-based paint haz- 541 arils, environmental hazards, any detects in the individual on-lot sewage disposal system or deficiencies In the on-site water service system, 513 or any defects or conditions on the Property. Should Seller be In default under the terms of this Agreement, this release does not deprive 54a Buyer of any right to pursue any remedies that may be available under law or equity. This release will survive settlement, 346 26, REPRESENTATIONS (1-02) 548 (A) Buyer undemtandv that any representations, claims, advertising, promodonal activities, brochures or plans of any kind made by Seller, Broken,, 50 their licensees, employees, officers, or partners are not a part of this Agreement unless expressly incorporated or stated in this Agreement. It is 540 further understood that this Agreement contains the whole agreement between Seller and Buyer and there are no other tens, obligations, 940 covcnanc6, representations, statements or conditions, oral or otherwise of any kind whatsoever concerning this sale. Furthermore, this 550 Agreement will not be altered, amended, changed, or modified except in writing executed by the parties. 0511 (B) It is understood that Buyer has inspected the Property before Aping this Agreement (including fixtures and any personal property ssl specifically scheduled herein), or has waived the right to do so, and has agreed to purchase the Property in its present condition unless sus otherwise stated In this Agreement. Buyer acknowledges that Brokers, their licensees, employees, officers or partners have not made 554 an independent examination or determination of the structural soundness of the Property, the age or condition of the components, envi- 555 ronmental conditions, the pernAtted uses, or of conditions existing In the locale where the Property is situated; nor have they made a 5611, mechanical Inspection of any of the systems contained therein. 1107 (C) Any repairs required by this Agreement will be completed in a workmanlike manner. 666 (D) Broker(s) may perform services to assist unrepresented parties in complying with the terms of this Agreement. sss (E) The headings, captions, and line numbers in this Agreement are meant only to make it easier to find the paragraphs. 560 27. DEFAULT (I.02) del (A) Seller has the option of retaining all sums paid by Buyer, including the deposit monies, should Buyer: 662 1. Fail to make any additional payments as specified in paragraph 3: OR 5s3 2. Furnish false or incomplete information to Seller, Broker(s), or the mortgage lender, if any, concerning Buyer's legal or financial status, S64 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 565 mortgage loan commitment; OR 961e 3. Violate or fail to fulfill and perform any other terms or conditions of this Agreement. 567 (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 Ja 5W :ot aU 9ns 504 j E loll 3? r sa8 3U?J :,rs ;ta 91,1 9l5 51.i j111? V2.. 623 529 sdu Stu 5ia fiat' :at > 5:>'L 5?'?3 s3;; `y9 Jett 4•s? y 54 ;,1i ;aa :ec 5r1 spa Ott ES4 3f;5 s? ss;i 580 Z6t 562 583 S64 566 656 56'. To be continued 8. 566 following manners: MC Sea 1. On account of purchase price; OR 660 sro 2- AN monios to be applied to Seller's damages; OR 5710 -71 3. As liquidated damages for such breach. >>? 572 (C) ? Seller is limited to retaining sums paid by Buyer, including deposit monies, as liquidated damages. 572 57s (D) If Seller n-tains all sums paid by Buyer, including depoait monies, as liquidated damages pursuant to paragraph 27 (B) or (C), Buyer and Seller 5''! lira will be released from further liability or obligation and this Agreement will be VOID. ;ra S76 28. MEDIATION (7-96) rs 576 ? NOT AVAILABLE STti 07 ? 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 obb- 5T7 5?a tion on the prat of any party to do so. :7u 675 ELECTED 57? 666 (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 Sao Ui and Procedures of the Home Sellers/Home Buyers Dispute Resolution System. Any agreement reached through a mediation conference and M, 562 signed by the parties will be binding. STJ 56;t (B) Buyer-.and Seller acknowledge that they have received, read, and understand the Rules and Procedures of the Home Sellers/Home Buyers X33 504 Digputc Resolution System (see Mediation Notice). '7104 585 (C) Thja,g k" ant to 't i to disputes arising from this Agreement will survive settlement. U6 Buyer Inidws- . . * A/S-2K Page 7 of 8 Seller Initials. "i - ?Ss ; Feb•22, 2006gl I :OOAM 1!:JREMAAUfit L r,htkV ? t.JHLIAILJ s D 0 t 1 t 06/19/2004 12:36 7175930111 4+. OrWAAL CLAUM21 11-12) (A) The following ate part of this Agreement If Chocked; ? Baia @ Settlement of Other Pcapecry Contingency Addendum (PAR Form SSP) ? Silo &.'6ortlarneat of Other Pfopany Conntingetcy 'Et Right to Conduvc Mmkmt ng Addendum (PAR Form SSP-CM) t17) ' REMAX: (rf?1) I? I'?SNo 6042 P. 9 PAGE 02 ba's ton O Settlement of Other Propctry Contingency Addendum (PAR Fmnn' SOP) SOD Tenxnt-06pied Property Addendan (PAR roan TOP) 566 ? - V9y ? ? [ttx 20 594 t:?U 3G 4 77Q-oV . doe tr(l?/?ic2 ?S Lei 19 /?' ? Q W'.4 72 tr c? 1 ?i9? Soo oV 7 „? Gel < < i/u -y('?U ? 7 ?`? N c? l? F?? % X? -r c? ?" 11' /Y??S 7'?j ?°d?'?_°?, ?.- • `cna 66t Buyer and Seiler seknpwledge receiving a cagy of this Agreemtnt at the time of slgntngr ? Ens con NOTICE TO PA2TM:.WIIE.'4 SIGNED, TM-AGREEMENT IS A BINDING CONTRACT. Return by fbaltttiia U'lINJAM41% (FAV et thb sou Agin ten% and all addends; bcarmg the slgnatfstso•of Ill perils, cOwlitutd umplance of this Alinement: Partim in this 4imrac ioa tee advised 6011 to aottsult an attorney bdom algrleg it they slain Agal advice. 6a7 e t s t ton t ? BUM rive recalvad the Comamer Natice as adopted by the State Ba911 MIl Cothatiadn at d9 Pat Cock §35336• eon I q Buyer hoe received a astrment of Itstyor's tat Mwd clowfil Cale bola's 6161 2 this bgroemmL 614% t ? Buyer has read and understands the t<Otkes sad explee roty IMarmarlm set forth In this AgreemeaL all t . Buyer bas received a Seller's Property Dise amn SlatetneaL before cigning thlt AllaeaMent, It ngldred by law (W 11110 nation Regarding 612 I the Reel Eitais Sellar Dledam Law). 6te t 0? Bayu has reealved the Delimit Money NeUee (for eeopesalive salat when Ikuker for Seiler k hall" deposit zmaey) baton oi1lilft lbb 610 Gib 1 Agtsmtent rte err ' HUYF.R'S MAdL1NG ADD ? ? `•? _t w ?"•'wc 'K,;,;, ' BUYER'S CONTACT MARtt(S?' '?1.7 ???C.tif.3w/, '"l1' ' 7, +q 1.1.,? Z ?? l , a ?':.?rtkil.?.,w. etD DA-To 14L* WITNW IivY a `3= ?o? b. p hCE_r?.?,?jcu ?? b6 L5 6zG WITNESS BUYER D IV S5K 636 r eye Seller hereby approves The above ewowl, this (date) d le- / we and in conaidcmdon of the services rendered in procuring the Burg Sclicr agrees tU paydte named Broker for Seller a fee of all oflhom ire haraia cpccifi sale plea. In the event Buyer dcfavhs hermind'cr, any Monica 0aid oo account will be diald (; ?! . 0)2 Seller. ? _ ., llrokor for Seller, bug M no dvent At the sum pod to the Broker for Seller errcccd above specified Broter'6 der 0 634 Seller bog Xiceived the Consumer Notice as adopted by the State Read Sawa Commission at 49 IN, Code J38J 6. W Seller sae rativetl a rtatea>ent Of Sdkf'e Oftola4 elelletR CaM bda" 6lgning rt,)e Agsenoent.• 676 Sellerh f't7ad and undardandt the notices and zsVanaloiy infotrmatlan sat forth In'tblY ACreva ?!? IL 611' - 6.14 ARLUX'S MAQ.IN(;, fD1)RIvSS: i --u Z „Jn A 6 ?o SELLS t'9 DATE; 17- S11LLE z DAT WrINFM SELLER- DATE Brokier'aicensaW Ccri icadmu (cheek all that are Appllc:zple): C3 Rtyerding Lead-Bored Paing M%4rds Wxdoe4rr. Roqulred It Property was built ladfote I978: Do uadenignod Lioenw5s involved In 446 641 842 643 G44 615 646 60 646 &0 ado 651 02 cat c To be cons hued th)e cmmaction, oa behntf of thcm=Ivcm and their broken, canfy that their etaturnmis Wo trUe to the brit of their knowledgo and belief. (W4 Aduwrledgaaent4 Tho Liccnscu invoLved in d+la emnsaetloe If-Ave Informed Seller of Shccr's obligaticas undwThe Rmidendal laad.Beerd as. Paint K U rd Reduction Act, 42 U.S.C. (i4852(d). and are uwetc of their tnpansthdity to amum cotnplilmee, tur 057 Q Regarding FRA MOSl Iam.' 71m underaigntd Lleanaco kvolved lit this trae6actioa, on behalf of tbemeelves and their hnakeo, ¢or* that 630 the minis of this contract for purchase m-e true to ll)e best of tour knowledge and belief, and that any other a !cement a WMI Into by any of Is tbus partles in conrtcction with this trettmction is ettathed co ribs Agrzerncgt. No 6Ut Regat-diag Mcdlatlam The andersigned Bmkcr for Seller ?'Broker for buyar agree to submit it rnedlotioq In accordance with dc'Prusgcaplt28 of thiK Ag=Ment. 143 W4 35ROM FOR Sf:GLFJr (Company Nattu:) .....-A Ir- ate ACCEPT m AY DATE !_ car. L67 BROM FOR BUl 0410 ACC=D pX 6A0 tl70 AJS•2K Page 9 o[8 671 BROKER'S COPY 9. U.S. DEPARTMENT OF HOUSING and URBAN DEVELOPMENT SETTLEMENT STATEMENT LIBERTY LAND L.-Fninl TRANSFER, INC. B. TYPE OF LOAN 4660 Trindie Road, Suite 103 Camp Hill, PA 17011 1.[ )FHA 2.[ 1FMHA 3.Y, jCONV.UNINS. 4. ( I VA 5. [ j CONV. INS. Phone (717) 975-9915 Fax (717) 763-7460 6. FILE NUMBER: 91937 7. LOAN NUMBER: 0056431885 8. MORT. INS. CASE NO.: C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked '(p.o.c.)' were paid outside the closing; they are shown here for informational purposes and are not included in the totals, D. NAME AND ADDRESS OF BORROWER: KEVIN J. KEEN LINDSAY E. KEEN E. NAME AND ADDRESS OF SELLER: MARK E. WORDEN DIANA L. WORDEN F. NAME AND ADDRESS OF LENDER: FIRST HORIZON HOME LOANS CORPORATION 1555 W. WALNUT HILL LANE IRVING, TX 75038 G. PROPERTY LOCATION: 110 BIG POND ROAD H. SETTLEMENT AGENT: LIBERTY LAND TRANSFER, INC. I. SETTLEMENT DATE: 12/22/05 SOUTHAMPTON TOWNSHIP, CUMBERLAND COUNTY, PA. PLACE OF SETTLEMENT: RE/MAX HOMEFINDERS, SHIPPENSBURG, PA J. SUMMARY OF BORROWER'S TRANSACTION: K. SUMMARY OF SELLER'S TRANSACTION: too. GROSS AMOUNT DUE FROM BORROWER 400.GROSS AMOUNT DUE TO SELLER 101. Contract sales price 225000.00 401.Contract sales price 225000.00 102, Personal property 402.Personal property 103. Settlement charges to borrower (line 1400) 2 3 5 . 3 2 403. IN 404. Ins. 405. Adjustments for items paid b seller in advance Adjustments for items paid b seller in advance 106. City/Town tax to 408.Clty/Town tax to - 107. County tax 12/22 05to 12 31 05 9.76 2 05t. 12 31/05 407. County tax 12T2 9.76 10B.Assessments to 4o8.Assessments to log. 12/22/0 5to06/30/06 1020.91 409. 12/22 05to06/30 06 1020.91 11 n. to 410. to Ill. 411. 112. 412. 120. GROSS AMOUNT DUE FROM BORROWER 226265.99 42o.GROSSAMOUNT DUETOSELLER 226030.67 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER 500. REDUCTIONS IN AMOUNT DUE TO SELLER 201. Deposit or earnest money 10 0 0 . 0 0 501.Excess deposit see instructions 202, Principal amount of new loan(s) 180000.00 502.Settlement charges to seller (line 1400) 2 0 3 5 6 . 0 0 203 Existing loan(s) taken subject to sm.Existin loan(s) taken subject to 204 504.Payoff of First Mortgage Loan NATIONAL CITY MTG.CO. 183445.12 205 sos.Payoff of Second Mortgage Loan 205. PROCEEDS FROM 2ND MTG. 44731.50 505. 207, 507. 208. 508. 209. 509. Adjustments for items unpaid b seller Adjustments for items unpaid b seller 210. Cily/Town tax to 510. Cilyrrown tax to 211. County tax to 511, County tax to 212. Assessments to 512.Assessments to 213. to 513. to 214. 514. 215. Sts. 216. 516. 217. 517. 218. SIB. 219. 519. 220. TOTAL PAID BY/FOR BORROWER 225731.50 520.TOTAL REDUCTION AMOUNT DUE SELLER 203801.12 300, CASH AT SETTLEMENT FROM OR To BORROWER 600. CASH AT SETTLEMENT TO OR FROM SELLER 301 Gross amount due from borrower (line 120) 226265-99 sol.Gross amount due to seller (line 420) 2 2 6 0 3 0 . 6 7 302. Less amount paid by/for borrower (line 220) 225731.50 502.1-ess reduction amount due seller (line 520) 203$01 .12 3o3. CASH (DQ FROM) (( ] TO) BORROWER 534-49 603.CASH ( TO) (( FROM) SELLER 2222 9.55 ft?12V All -Buyer or Borrowesr% Signature Seller's Sig e HUD- 1 Rev. 5/86 STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE A/S - 2K This form recommended and approved for, but not restricted to use by, members of the Pennsylvania Association of REALTORSO (PAR). SELLER'S BUS S RELATIONSHIP WITH PA LICENSED BROKER BkOKER (Company EJA Ll F_ A L ?S -A7 c PHONE ADDRESS q to, leWC? <' r2- - , 5 // / fPC .US VR(, PA FAX AT 3,;R -5!V & 3 BROKER IS THE AGENT FOR SELLER. Designated Agent(s) for Seller, if applicable: OR Broker is NOT the Agent for Seller and is a/an: ? AGENT FORBUYER ? TRANSACTION LICENSEE BUYER'S BROKER (Company) ,k`?& ,i f r 121 A ADDRESS l l? E, IZ IA-) 6 5 2 t BROKER IS THE AGENT FOR BUYER. Designated OR for Buyer, if FAX E3Q 4? kQ Broker is NOT the Agent for Buyer and is a/an• 11 AGENT FOR SELLER 0 SUBAGENT FOR SELLER E] 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. H the same Licensee is designated for Seller and Buyer, the Licensee is a Dual Agent. 1 1. This Agreement, dated 2 SELLER(S): / ar?C Q la ,t j I ?L G 4 called "Seller," and 6 BUYER(S): v n eld5? y lee n?-) in the -f-10 of _1D V !.L /_" ?/L I- if u/v , County of Iti? LAN d in the Commonwealth of Pennsylvania, Zip Code ?S Identification (e. g., Tax ID #; Parcel #; Lot, Block; Deed Book, Page, Recording Date) _,9 --/3 0/0& -- '/1/La ,??`` ,/ ?` ?J TERMS ) Parch( ase Price T ?12 d-0- T r_(v T?/ / E4 VE T l 7) A L) U.S. Dollars 7 called "Buyer." 8 2. PROPERTY (198) Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: 9 ALL THAT CERTAIN lot or pieceAf ground witQk buildings and improvements thereon erected, if any, known as: 10 11 12 13 14 15 3. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 which will be paid to Seller by Buyer as follows: 1. Cash or check at signing this Agreement: $ 2. Cash or check within days of the execution of this Agreement: $ , is between F /000 5- 3. '/ 4. Cash, cashier's or certified check at time of settlement: $ a°?4?' TOTAL $ gas U40 ,°`' (B) Deposits paid on account cf purchase price to be held by Broker for Seller, unless otherwise stated here: ?d (C) Seller's written approval to be on or before: &L'c`?B E,<-' ,? 62 (D Settlement to be on 07?&/773ER or before if Buyer and Seller agree. (E) 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: 31 32 (G) At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing where 33 applicable: taxes (see Information Regarding Tax Proration); rents; interest on mortgage assumptions; c mdominium fees 34 and homeowner association fees, if any; water and/or sewer fees, if any, together with any other lienable municipal service. 'REPARED BY: THOMAS S. MITROS, BROKERIOWNER J2K - Standard Agreement For The Safe Of Real Estate, 01102. Pennsylvania Association of REALTORSO *PYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 :ealFA$T(4s,,0,1877V4_ Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS Page 1 of 21 uyer(s) Selier(s Infials SS RELATIONSHIP WITH PA LICENSED BROKER /-{ oln F YE?J_lv b IB S PHONE 53a . 6 / -3 35 The charges are to be pro-rated for the period(s) covered: Seller will pay up to and including the date of setknent; Buyer 36 will pay for all days following settlement, unless otherwise stated here: 37 38 4. FIXTURES & PERSONAL PROPERTY (1-00) 39 (A) INCLUDED in this sale and purchase price are all existing items permanently installed in the Property, free of liens; 40 including plumbing; heating; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa 41 equipment; garage door openers and transmitters; television antennas; shrubbery, plantings and unpotted trees; any remaining 42 heating and cooling fuels stored on the Property at the time of settlement; wall to wall carpeting; window covering hardware, 43 shades ao blinds; built-in air conditioners; built-in appliances- and the range/oven unless otherwise stated. Als ed: 44 KeFk?16E:?i4TUL6. /aUC=IUD OZ`f 45 (B) LEASED items (not owned by Sell er): 46 47 (C) EXCLUDED fixtures and items: 48 49 5. DATES/TIIVIE IS OF THE ESSENCE (1-02) 50 (A) The said date for settlement and all other dates and times referred to for the performance of any of the obligations of this 51 Agreement are agreed to be of the essence of this Agreement and are binding. 52 (B) For the purposes of this Agreemei , number of days will be counted from the date of execution, by excluding the day this 53 Agreement was executed and including the last day of the time period. 54 (C) The date of settlement is not extended by any other provision of this Agreement and may only be extended by mutual 55 written agreement of the parties. 56 (D) Certain time periods are pre-printed in this Agreement as a convenience to the Buyer and Seller. Any pre-printed time 57 periods are negotiable and may be changed by striking out the pre-printed text and inserting a different time period 58 acceptable to all parties. 59 6. MORTGAGE CONTINGENCY (1-02) 60 ? WAIVED. This sale is NOT contingent on mortgage financing. 61 ELECTED 62 (A) This sale is contingent upon Buyer obtaining mortgage financing as follows: 63 1. Amount of mortgage loan S 5_, D??j • °= 64 2. Minimum Term yearp 65 3. Type of mortgage 2 ENTZOW L _ 66 4. Interest rate Cp + o"Z S %; however, Buyer agrees to accept the interest rate as may be committed by 67 the mortgage lender, not to exceed a maximum interest rate of '5E %. 68 5. Discount points, loan origination, loan placement and other fees charged by the lender as a percentage of the mortgage 69 loan (excluding any mortgage insurance premiums or VA funding fee) not to exceed % (0% if not 70 specified) of the mortgage loan. 71 The interest rate and fees provisions required by Buyer are satisfied if a mortgage lender makes available to Buyer the right 72 to guarantee an interest rate at or below the Maximum Interest gate specified herein with the percentage fees at or below 73 the amount specified herein. Buyer gives Seller the right, at Seller's sole option and as permitted by the mortgage lender 74 and applicable laws, to contribute financially, without promise of reimbursement, to the Buyer and/or mortgage lender to 75 make the above terms available to Buyer_ 76 (B) Within - _3- DAYS (10 days if not specified) of the execution of this Agreement, Buyer will make a completed, 77 written mortgage application for the mortgage terms specified above to a responsible mortgage lender. The Broker for 78 Buyer, if any, otherwise the Broker for Seller, is authorized to communicate with the mortgage lender for the 79 purposes of assisting in the mortgage loan process. 80 (C) L Mortgage commitment date Z IFd- , 4? gAQ2- .. If a written commitment is not received by Seller by 81 the above date, Buyer and Seller agree to extend the mortgage commitment date until Seller terminates this 82 Agreement in writing by notice to Buyer. 83 2. Upon receipt of a mortgage commitment, Buyer will promptly deliver a copy of the commitment to Seller. 84 3. Seller has the option to terminate this Agreement in writing, after the mortgage commitment date if the mortgage 85 commitment: 86 a. Is not valid until the date of settlement, OR 87 b. Is conditioned upon the sale and settlement of any other property, OR 88 c. Contaitns any other condition not specified in this Agreement that is not satisfied and/or removed in writing by 89 the mortgage lender within 7 DAYS after the mortgage commitment date in paragraph 6 (C) M. 90 4. If this Agreement is terminated as specified in paragraphs 6 (C) (1) or (3), or the mortgage loan is not obtained for 91 settlement, all deposit monies paid on account of purchase price will be returned to Buyer. Buyer will be responsible 92 for any premiums for mechanics' lien insurance and/or title search, or fee for cancellation of same, if any, AND/OR PREPARED BY: THOMAS S. MITROS, BROKER/OINNER A/S-2K- Standard Agreement For The Sale Of Real Estate, 01/02. Pennsylvania Association of REALTORSO COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 RealFA$TV S . Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFlNDERS Page 2 of 21 3uyer(s) Initials Seller(s) Initials 93 any premiums for flood insurance, mine subsidence insurance and/or fire insurance with extended coverage, or 94 cancellation fee, if any, AND/OR any appraisal fees and charges paid in advance to the mortgage lender. 95 (D) If the mortgage lender requires repairs to the Property, Buyer will, upon receipt, deliver a copy of the mortgage lender's 496 requirements to Seller. Seller will, within 5 DAYS of receipt of the mortgage lender's requirements, notify 97 Buyer whether Seller will make the required repairs at Seller's expense. 98 1. If Seller chooses to make the required repairs, Buyer will accept the Property and agree to the RELEASE set forth in 99 paragraph 25 of this Agreement. 100 2. If Seller chooses not to make the required repairs, or if Seller fails to respond within the time given, Buyer will, 101 within 5 DAYS, notify Seller in writing of Buyer's choice to terminate this Agreement OR make the 102 required repairs at Buyer's expense and with Seller's permission, which will not be unreasonably withheld. If Seller 103 denies Buyer permission to make the required repairs, Buyer may, within 5 DAYS of Seller's denial, 104 terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned 105 promptly to Buyer and this Agreement will be VOID. 106 (E) Seller Assist 107 ? NOT APPLICABLE 108 APPLICABLE. Seller will pay: 109 ?9$ '? SC °a , maximum, toward Buyer's costs as permitted by the mortgage lender. 110 ? 111 FHA/VA, IF APPLICABLE 112 (F) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the 113 purchase of the Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless 114 Buyer has been given, in accordance with HUD/FHA or VA requirements, a written statement by the Federal Housing 115 Commissioner, Veterans Adm;n;crratiom, or a Direct Endorsement Lender setting forth the appraised value of the 116 Property of not less than $ (the dollar amount to be inserted is the sales price as stated in this 117 Agreement). Buyer will have the privilege and option of proceeding with consummation of the contract without regard to 118 the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the 119 Department of Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the 120 Property. Buyer should satisfy himself/herself that the price and condition of the Property are acceptable. 121 Warning: Section 1010 of Title 18, U.S.C., Department of Housing and Urban Development and Federal I-busing 122 Administration Transactions, provides, "Whoever for the purpose of .. . influencing in any way the action of such 123 Department, makes, passes, utters, or publishes any statement, knowing the same to be false ... shall be fined under this 124 title or imprisoned not more than two years, or both." 125 (G) U.S. Department of Housing and Urban Development (HUD) NOTICE TO PURCHASERS: Buyer's 126 Acknowledgement 127 ? Buyer has received the HUD Notice "Tor Your Protection: Get a Home Inspection" (see Notices and Information on 128 Property Condition Inspections). Buyer understands the importance of getting an independent home inspection and has 129 thought about this before signing this Agreement. Buyer understands that FHA will not perform a home inspection nor 130 guarantee the price or condition of the Property. 131 Buyer's Initials Date 132 (H) Certification We the undersigned, Seller(s) and Buyer(s) party to this transaction each certify that the terms of this contract 133 for purchase are true to the best of our knowledge and belies; and that any other agreement entered into by any of these 134 parties in connection with this transaction is attached to this Agreement. 1357. INSPECTIONS (1-o2) 136 (A) Seller agrees to permit inspections by authorized appraisers, reputable certifiers, insurer's representatives, surveyors, 137 municipal officials and/or Buyer as may be required by the mortgage lender, if any, or insuring agencies. Seller further 138 agrees to permit any other inspections required by or provided for in the terms of this Agreement Buyer has the right to 139 attend all inspections. 140 (B) Buyer reserves the right to make a pre-settlement walk-through inspection of the Property. Buyer's right to make this 141 inspection is not waived by any other provision of this Agreement. 142 (C) Seller will have heating and all utilities (ncluding fuel(s)) on for the inspections. 143 (D) All inspectors, including home inspectors, are authorized by Buyer to provide a copy of any reports to Broker for Buyer. 1448. PROPERTY INSPECTION CONTINGENCY (7-04) 145 Other provisions of this Agreement may provide for inspections and/or certifications that are not waived or altered by Buyer's 146 1 'on here. 147 WAIVED. Buyer understands that Buyer has the option to request inspections of the Property (see Property Inspection 148 'Notices and Environmental Notices). BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 149 25 of this Agreement. 150 ? ELECTED 151 (A) Within DAYS (15 days if not specified) of the execution of this Agreement, Buyer, at Buyer's expense, may choose PREPARED BY: THOMAS S. MITROS, BROKERIOWNER VS-2K - Standard Agreement For The Sale Of Real Estate, 01/02. Pennsylvania Association of REALTORS 4D =APYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 2ealFA$TO So 005, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS 3uyer(s) Initials Page 3 of 21 Seller(s) Initials \1?jj . -4? 152 to have inspections and/or certifications completed by licensed or otherwise qualified professionals (see Property Inspectioi 153 Notices and Environmental Notices). This contingency does not apply to the following existing conditions and/or items, 154 155 (B) Should Buyer elect to have a home inspection of the Property, as defined in the Pennsylvania Home Inspection Law, (set 156 Information Regarding the Home Inspection Law) such home inspection shall be performed by a full member in gooc 157 standing of a national home inspection association, or by a person supervised by a full member of a national homt 158 inspection association, in accordance with the ethical standards and code of conduct or practice of that association, a licensec 159 or registered professional engineer, or a licensed or registered architect. 160 (C) If Buyer is not satisfied with the condition of the Property as stated in any written report, Buyer will: 161 ? Option 1. Within the time given for completing inspections: 162 1. Accept the Property with the information stated in the report(s) and agree to the RELEASE set forth in paragraph 25 o: 163 this Agreement, OR 164 2. Terminate this Agreement in writing by notice to Seller, in which case all deposit monies paid on account of purchase 165 price will be returned promptly to Buyer and this Agreement will be VOID, OR 166 3. Enter into a mutually acceptable written agreement with Seller providing for any repairs or improvements to the 167 Property and/or any credit to Buyer at settlement, as may be acceptable to the mortage lender, if any. 168 Should efforts to reach a mutually acceptable agreement fail, Buyer must choose to accept the Property or terminate this 169 Agreement within the time given for completing inspections and according to the provisions in paragraph 170 8(C) (Option 1) 1 and 2. 171 ? Option 2. Within the time given for completing inspections: 172 1. Accept the Property with the information stated in the report(s) and agree to the RELEASE set forth in paragraph 25 of 173 this Agreement, UNLESS the total cost to correct the conditions contained in the report(s) is more than 174 $ 175 2. If the total cost to correct the conditions contained in the report(s) EXCEEDS the amount specified in paragraph 8(C) 176 (Option 2) 1, Buyer will deliver the report(s) to Seller within the time given for inspection. 177 a. Seller will, within 7 DAYS of receiving the report(s), inform Buyer in writing of Seller's choice to: 178 (1) Make repairs before settlement so that the remaining cost to repair conditions contained in the report(s) 179 is less than or equal to the amount specified in paragraph 8 (C) (Option 2) 1. 180 (2) Credit Buyer at settlement for the difference between the estimated cost of repairing the conditions 181 contained in the report(s) and the amount specified in paragraph 8 (C) (Option 2) 1. This option must be 182 acceptable to the mortgage lender, if any. 183 (3) Not make repairs and not credit Buyer at settlement for any costs to repair conditions contained in the 184 report(s)- 185 b. If Seller chooses to make repairs or credit Buyer at settlement as specified in paragraph 8 (C) (Option 2) 2, 186 Buyer will accept the Property and agree to the RELEASE set forth in paragraph 25 of this Agreement 187 c. If Seller chooses not to make repairs and not to credit Buyer at settlement, or if Seller fails to choose any 188 option within the time given, Buyer will, within 5 DAYS: 189 (1) Accept the Property with the information stated in the report(s) and agree to the RELEASE set forth in 190 paragraph 25 of this Agreement, OR 191 (2) Terminate this Agreement in writing by notice to Seller, in which case all deposit monies paid on 192 account of purchase price will be. returned promptly to Buyer and this Agreement will be VOID. 193 9. WOOD INFESTATION INSPECTION CONTINGENCY (1-02) 194 ? WANED. Buyer understands that Buyer has the option to request that the Property be inspected for wood infestation by a 195 certified Pest Control Operator. BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of 196 this Agreement. 197 ELECTED 198 X(A Within L 0 . DAYS (15 days if not specified) of the execution of this Agreement, Buyer, at Buyer's expense, will 199 obtain a written "Wood-Destroying Insect Infestation Inspection Report" from a certified Pest Control Operator and will 200 deliver it and all supporting documents and drawings provided by the Pest Control Operator to Seller. The report is to be 201 made satisfactory to and in compliance with applicable laws, mortage lenders, and/or Federal Insuring and Guaranteeing 202 Agency requirements, if any. The inspection will include all readily visible and accessible areas of all structures on the 203 Property except the following structures, which will not be inspected: 204 205 (B) If the inspection reveals evidence of active infestation(s), Seller agrees, at Seller's expense and before settlement, to treat for 206 active infestation(s), in accordance with applicable laws. 207 (C) If the inspection reveals damage from active infestation(s) or previous infestation(s), Buyer, at Buyer's expense, has the option 208 to obtain a written report by a professional contractor, home inspection service, or structural engineer that is limited to 209 structural damage to the Property caused by wood-destroying organisms and a proposal to repair the damage. Buyer will 210 deliver the structural damage report and corrective proposal to Seller within 7 DAYS of delivering the original PREPARED BY: THOMAS S. MITROS, BROKERIOWNER AG-2K- Standard Agreement For The Sale Of Real Estate, 01/02. Pennsylvania Association of REALTORS® COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 Rea1FA$T6 Softwa e, 0r2,0'/05, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS Page 4 of 21 Buyer(s) M als P1 /`t c"°°.?°• c °t0'1° ill 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 22710. 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 inspection report. (D) Within 5 DAYS of receiving the structural damage report and correctiveproposal, 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 agree, 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 5 DAYS, will notify Seller in writing of Buyer's choice to: 1. Accept the Property with the defects revealed by the inspection, without abatement of price, and agree to the RELEASE set forth in paragraph 25 of this 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 5 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 Agreement will be VOID, OR 3. 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. RESIDENTIAL LEAD-BASED PAINT FlA.ZARD REDUCTION ACT NOTICE REQUIRED FOR PROPERTIES JWMT BEFORE 1978 (1-02) J!q NOT APPLICABLE "ff APPLICABLE (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. Seller has knowledge of the presence of lead-based paint and/or lead-based paint hazards in or about the Property. (Provide the basis for determining that lead based paint and/or hazards exist, the location(s), the condition of the painted surfaces, and other available information concerning Seller's knowledge of the presence of lead-based paint and/or lead-based paint hazards.) (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. ? 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 Acknowledgment: 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 10(A) and has received the records and reports pertaining to lead-based paint and/or lead based paint hazards identified in paragraph 10(B). Buyer's Initials Date (D) RISK ASSESSMENT/INSPECTION: Buyer acllmowledges that before Buyer is obligated to buy a residential dwelling built before 1978, Buyer has 10 DAYS to conduct a risk assessment or inspection of the Property for the presence of lead based paint and/or lead-based paint hazards. ? 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. ? ELECTED 1. Buyer, at Buyer's expense, chooses to obtain a risk assessment and/or inspection of the Property for lead-based paint and/or lead-based paint hazards. The risk assessment and/or inspection will be completed within 10 DAYS of the execution of this Agreement 2. Within the time set forth above for obtaining the risk assessment and/or inspection of the Property for lead-based paint and/or lead-based paint hazards, Buyer may deliver to Seller a written list of the specific hazardous conditions cited in the report and those corrections requested by Buyer, along with a copy of the risk assessment and/or inspection report. 3. Seller may, within 7 DAYS of receiving the list and report(s), submit a written corrective proposal to Buyer. The corrective proposal will include, but not be limited to, the name of the remediation company and a projected completion date for corrective measures. Seller will provide certification from a risk assessor or inspector that corrective measures have been satisfactorily completed om or before the projected completion date. 4. Upon receiving the corrective proposal, Buyer, within 5 DAYS, will: a_ Accept the corrective proposal and 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. 'REPARED BY: THOMAS S. MITROS, BROKER/OWNER VS-2K - Standard Agreement For The Sale Of Real Estate, 01/02. Pennsylvania Association of REALTORSO DOPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS@ 2002 2eaiFA$T® l 005, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS page 5 of 21 iuyer(s) I ''als )? Iler(s Initials 271 5. Should Seller fail to submit a written corrective proposal within the time set forth in paragraph 10(D)3 o` this 272 Agreement, Buyer, within 5 DAYS, will: 273 a. Accept the Property in writing, and agree to the RELEASE set forth in paragraph 25 of this Agreerae, t, OR, 274 b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price 275 will be returned promptly to Buyer and this Agreement will be VOID. 276 6. Buyer's failure to exercise any of Buyer's options within the time limits specified in this paragraph will 277 constitute a WAIVER of this contingency and Buyer accepts the Property and agrees to the RELEASE set forth 278 in paragraph 25 of this Agreement. 279 (E) Certification: By signing this Agreement, Buyer and Seller certify the accuracy of their respective statements, to the best of 280 their knowledge. 28111. STATUS OF RADON (1-02) 282 (A) Seller represents that Seller has no knowledge concerning the presence or absence of radon unless checked below. 283 ? 1. Seller has knowledge that the Property was tested on the dates, by the methods (e.g., charcoal canister, alpha track, 284 etc.), and with the results of all tests indicated below. 285 DATE TYPE OF TEST RESULTS (picocuries/liter or working levels) 286 287 288 COPIES OF ALL AVAILABLE TEST REPORTS will be delivered to Buyer with this Agreement. SELLER DOES 289 NOT WARRANT EITHER TBE METHODS OR RESULTS OF TIE TESTS. 290 ? 2. Seller has knowledge that the Property underwent radon reduction measures on the date(s) and by the method(s) 291 indicated below: 292 DATE RADON REDUCTIONM 01) 293 294 295 RADON ]INSPECTION CONTINGENCY 296 WAIVED. Buyer understands that Buyer has the option to request that the Property be inspected for radon by a certified 297 inspector (see Environmental Notices: Radon). BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth 298 in paragraph 25 of this Agreement. 299 ? ELECTED. Buyer, at Buyer's expense, has the option to obtain, from a certified inspector, a radon test of the Property, and 300 will deliver a copy of the test report to Seller within DAYS (15 days if not specified) of the execution of 301 this Agreement. (See Envum entat Notices: Radon) 302 1. If the test report reveals the presence of radon below 0.02 working levels (4 picocuries/liter), Buyer accepts the 303 Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement. 304 2. If the test report reveals the presence of radon at or exceeding 0.02 working levels (4 picocuriesAiter), Buyer will, 305 within 7 DAYS of receipt of the test results: 306 ? Option i 307 a. Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 308 b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be 309 returned promptly to Buyer and this Agreement will be VOID, OR 310 c. Submit a written, corrective proposal to Seller. The corrective proposal will include, but not be limited to, the name 311 of the certified mitigation company; provisions for payment, including retests; and a projected completion date for 312 corrective measures. 313 (1) Within 5 DAYS of receiving the corrective proposal, Seller will: 314 (a) Agree to the terms of the corrective proposal in writing, in which case Buyer accepts the Property and agrees 315 to the RELEASE set forth in paragraph 25 of this Agreement, OR 316 (b) Not agree to the terms of the corrective proposal. 317 (2) Should Seller not agree to the terms of the corrective proposal or if Seller fails to respond within the time given, 318 Buyer will, within 5 DAYS, elect to: 319 (a) Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 320 (b) Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will 321 be returned promptly to Buyer and this Agreement will be VOID. 322 ? Option 2 323 a. Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 324 b. Subunit a written, corrective proposal to Seller. The corrective proposal will include, but not be limited to, the name of 325 the certified mitigation company; provisions for payment, including retests; and a projected completion date for 326 corrective measures. Seller will pay a maximum of $ toward the total cost of remediatim and 327 retests, which will be completed by settlement. 328 (1) If the total cost of remediation and retests EXCEEDS the amount specified in paragraph 11(B) (Option 2) b, Seller 329 will, within 5 DAYS of receipt of the cost of remediation, notify Buyer in writing of Seller's choice to: PREPARED BY: THOMAS S. MITROS, BROKER/OWNER A/S-2K - Standard Agreement For The Sale Of Real Estate, 01102. Pennsylvania Association of REALTORSO COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 ReaiFA$T® Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS Pa' 6 of 21 Seller(slniliais Buyer(s) Inif?als R7 0, 7?r -330 (a) Pay for the total cost of remediation and retests, in which case Buyer accepts the Property and agrees to th( 331 ° RELEASE set forth in paragraph 25 of this Agreement, OR 332 (b) Contribute toward the total cost of remediation and retests only the amount specified in paragraph 11(B: X333 (Option 2) b. 334 (2) If Seller chooses not to pay for the total cost of remediation and retests, or if Seller fails to choose either option 335 within the time given, Buyer will, within 5 DAYS, notify Seller in writing of Buyer's choice to: 336 (a) Pay the difference between Seller's contribution to remediation and retests and the actual cost therot in whicl 337 case Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR 338 (b) Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be 339 returned promptly to Buyer and this Agreement will be VOID. 340 12. STATUS OF WATER (1-02) 341 (A) Seller represents that the Property is served by. 342 ? Public Water 343 On site Water 344 Community Water 345 ? None 346 ? 347 %J4j WATER SERVICE INSPECTION CONTINGENCY 348 3R WAIVED. Buyer acknowledges that Buyer has the option to request an inspection of the water service for the Property. 349 BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement. 350 ? ELECTED 351 1. Buyer has the option, within DAYS (15 days if not specified) of the execution of this Agreement and 352 at Buyer's expense, to deliver to Seller a written inspection report by a qualified, professional water testing company 353 of the quality and/or quantity of the water service. 354 2. Seller agrees to locate and provide access to the on-site (or individual) water system, if applicable, at Seller's expense, 355 if required by the inspection company. Seller also agrees to restore the Property, at Seller's expense, prior to settlement 356 3. If the report reveals that the water service does not meet the mimmum standards of any applicable governmental 357 authority and/or fails to satisfy the requirements for quality and/or quantity set by the mortgage lender, if any, then 358 Seller will, within 7 DAYS of receipt of the report, notify Buyer in writing of Seller's choice to: 359 a. Upgrade the water service to the minimum acceptable levels, before settlement, in which case Buyer accepts the 360 Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR 361 b. Not upgrade the water service. 362 4. If Seller chooses not to upgrade the service to minirm,m acceptable levels, or fails to respond within the time given, 363 Buyer will, within 5 DAYS, either: 364 a. Accept the Property and the water service and, if required by the mortgage lender, if any, and/or any 365 governmental authority, upgrade the water service before settlement or within the time required by the mortgage 366 lender, if any, and/or any governmental authority, at Buyer's expense and with Seller's permission, which will 367 not be unreasonably withheld, and agree to the RELEASE set forth in paragraph 25 of this Agreement. If Seller 368 denies Buyer permission to upgrade the water service, Buyer may, within 5 DAYS of Seller's 369 denial, terminate this Agreement in writing. If Buyer terminates this Agreemmem, all deposit monies paid on 370 account of purchase price will be returned 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 372 be returned promptly to Buyer and this Agreement will be VOID. 373 13. STATUS OF SEWER (1-02) 374 (A) Seller represents that the Property is served by. 375 ? Public sewer 376 Individual On-lot Sewage Disposal System (See sewage Notice 1) 377 Individual On-lot Sewage Disposal System in Proximity to Well (See Sewage Notice 1; see Sewage Notice 4, if 378 applicable) 379 ? Community Sewage Disposal System 380 ? Ten-acre Permit Exemption (See Sewage Notice 2) 381 ? Holding Tank (See Sewage Notice 3) 382 ? None (See Sewage Notice 1) 3 83 ? None Available/Permit Limitations in Effect (See Sewage Notice 5) 384 ? 385 INDIVIDUAL ON-LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY 386 WAIVED. Buyer aclmowledges that Buyer has the option to request an individual on-lot sewage disposal inspection of the 387 Property. BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement. 'REPARED BY: THOMAS S. MITROS, BROKER/OWNER VS-21K - Standard Agreement For The Sale Of Real Estate, 01 /02. Pennsylvania Association of REALTORSO APYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS@ 2002 2ea1FA$T4D So C)20005, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS 3uyer(s) In' als L Page T of 21 Seller(s) itials 388 ELECTED 389 1. Buyer has the option, within DAYS (15 days if not specified) of the execution of this Agreement. anc 390 at Buyer's expense, to deliver to Seller a written inspection report by a qualified, professional inspector of the 391 individual on-lot sewage disposal system. 392 2. Seller, at Seller's expense, agrees, if and as required by the inspection company, to locate, provide access to, and empty 393 the individual on-lot sewage disposal system. Seller also agrees to restore the Properly, at Seller's expense, prior tc 3 94 settlement. 395 3. If the report reveals defects that do not require expansion or replacement of the existing sewage disposal system, Seller 396 will, within 7 DAYS of receipt of the report, notify Buyer in writing of Seller's choice to: 397 a. Correct the defects before settlement, including retests, at Seller's expense, in which case Buyer accepts the 398 Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR 399 b. Not correct the defects. 400 4. If Seller chooses not to correct the defects, or if Seller fails to respond within the time given, Buyer will, - within 401 5 DAYS, either: 402 a. Accept the Property and the system and, if required by the mortgage lender, if any, and/or any governmental 403 authority, correct the defects before settlement or within the time required by the mortgage lender, if any, 404 and/or any governmental authority, at Buyer's sole expense and with Seller's permission, which will not be 405 unreasonably withheld, and agree to the RELEASE set forth in paragraph 25 of this Agreement. If Seller 406 denies Buyer permission to correct the defects, Buyer may, within 5 DAYS of Seller's denial, 407 terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will 408 be returned promptly to Buyer and this Agreement will be VOID, OR 409 b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will 410 be returned promptly to Buyer and this Agreement will be VOID. 411 5. If the report reveals the need to expand or replace the existing individual on-lot sewage disposal system, Seller may, 412 within 25 DAYS of receipt of the report, submit a corrective proposal to Buyer. The corrective proposal 413 will include, but not be limited to, the name of the remediation company; provisions. for payment, including retests; 414 and a projected completion date for corrective measures. Within 5 DAYS of receiving Seller's corrective 415 proposals, or if no corrective proposal is received within the time given, buyer will: 416 a- Agree to the terms of the corrective proposal, if any, in writing, in which case Buyer accepts the Property and 417 agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR 418 b. Accept the Property and the system and, if required by the mortgage lender, if any, and/or any governmental 419 authority, correct the defects before settlement or within the time required by the mortgage lender, if any, 420 and/or any governmental authority, at Buyer's sole expense and with Seller's permission, which will not be 421 un=sDuably withheld, and agree to the RELEASE set forth in paragraph 25 of this Agreement If Seller 422 denies Buyer permission to correct the defects, Buyer may, within 5 DAYS of Seller's denial, 423 terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be 424 returned promptly to Buyer and this Agreement will be VOID, OR 425 c. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will 426 be returned promptly to Buyer and this Agreement will be VOID. 42714. NOTICES, ASSESSMENTS & CERTIFICATES OF OCCUPANCY (7-04) 428 (A) Seller represents, as of Seller's execution cif this Agreement, that no public improvement, condominium or homeowner 429 association assessments have been made against the Property which remain unpaid and that no notice by any government or 430 public authority has been served upon Seller or anyone on Seller's behraK including notices relating to violations of zoning, 431 housing, building, safety or fire ordinances which remain uncorrected, and that Seller knows of no condition that would 432 constitute violation of any such ordinances which remains uncorrected, unless otherwise specified here: 433 434 (B) Seller knows of no other potential notices (including violations) and assessments except as fbllaws: 435 436 (C) In the event any notices (including violations) and assessments are received after execution of this Agreement and before 437 settlement, Seller will notify Buyer in writing, within 5 DAYS ofreceivingthenotice orassessment, that Sellerwill: 438 1. Comply with notices and assessments at Seller's expense, in which case Buyer accepts the Property and agrees to the 439 RELEASE set forth in paragraph 25 of this Agreement, OR 440 2. Not comply with notices and assessments at Seller's expense. 441 3. If Seller chooses not to comply with notices and assessments, or fails within the time given to notify Buyer if Seller 442 will comply, Buyer will notify Seller within 5 DAYS in writing that Buyer will either: 443 a. Comply with the notices and assessments at Buyer's expense and agree to the RELEASE set forth in paragraph 444 25 of this Agreement, OR 445 b. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned 446 promptly to Buyer and this Agreement will be VOID. 447 If Buyer fails to notify Seller within the time given, Buyer accepts the Property and agrees to the PREPARED BY: THOMAS S. MITROS, BROKER/OWNER A/S-2K - Standard Agreement For The Sale Of Real Estate, 01102. Pennsylvania Association of REALTORSO COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS® 2002 RealFA$T® So ®2005, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS Page B of 2 Buyer(s) ini¢als f Seller(s) Injt l! 448 RELEASE set forth in paragraph 25 of this Agreement. 449' -kD) Buyer is advised that access to a public road may require issuance of a highway occupancy permit from the Department of 450 Transportation. 451 (E) If required by law, within 15 DAYS of the execution of this Agreement Seller will order for delivery to Buyer, 452 on or before settlement: 453 1. A certification from the appropriate municipal department or departments disclosing notice of any uncorrected violation 454 of zoning, housing, building, safety or fire ordinances, AND/OR 455 2. A certificate permitting occupancy of the Property. In the event repairs/improvements are required for the issuance of 456 the certificate, Seller will, within 5 DAYS of Seller's receipt of the requirements, notify Buyer of the 457 requirements and whether Seller will make the required repairs/improvements at Seller's expense. 458 If Seller chooses to make the required repairstimprovements, Buyer agrees to accept the Property as repaired and agrees to 459 the RELEASE set forth in paragraph 25 of this Agreement If Seller chooses not to make the required repairstimprovements, 460 Buyer will, within 5 DAYS, notify Seller in writing of Buyer's choice to terminate this Agreement. OR make the 461 repairs/improvements at Buyer's expense and with Seller's permission, which will not be unreasonably withheld. Y Seller 462 denies Buyer permission to make the required repairs or if Seller fails to respond within the time given, Buyer may, 463 within 5 DAYS, terminate this Agreement in writing, in which case all deposit monies paid on account of 464 purchase price will be returned promptly to Buyer and this Agreement will be VOID. 465 (F) The Property is not a "recreational cabin" as defined in the Pennsylvania Construction Code Act unless otherwise stated here 466 (see Notice: Regarding Recreational Cabins): 46715. TITLE, SURVEYS, & COSTS (1-02) 468 (A) The Property is to be conveyed free and clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the 469 following: existing deed restrictions, historic preservation restrictions or ordinances, building restrictions, ordinances, 470 easements of roads, easements visible upon the ground, easements of record, privileges or rights of public service companies, 471 if any, otherwise the title to the above described real estate will be good and marketable and such as will be insured by a 472 reputable Title Insurance Company at the regular rates. 473 (B) Buyer will pay for the following: (1) Title search, title insurance and/or mechanics lien insurance, or fee for cancellation 474 of same, if any, (2) Flood insurance, fire insurance with extended coverage, mine subsidence insurance, and fee for 475 cancellation of same, if any, (3) Appraisal fees and charges paid in advance to mortgage lender, if any, (4) Buyer's 476 customary settlement costs and accruals. 477 (C) Any survey or surveys which may be required by the Title Insurance Company or the abstracting attorney for the preparation 478 of an adequate legal description of the Property (or the correction thereof) will be secured and paid for by Seller. Any 479 survey or surveys desired by Buyer or required by the mortgage lender will be secured and paid for by Buyer. 480 (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 481 at the regular rates, as specified in paragraph 15(A), Buyer will have the option of: (1) taking such title as Seller can give 482 with no change to the purchase price; or (2) being repaid all monies paid by Buyer to Seller on account of purchase price 483 and being reimbursed by Seller fDr any costs incurred by Buyer for any inspections or certifications obtained according to 484 the terms of the Agreement, and for those items specified in paragraph 15(B) items (1), (2), (3) and in paragraph 15(C), in 485 which case there will be no further liability or obligation on either of the parties hereto and this Agreement will become VOID. 486 16. ZONING CLASSIFICATION (1-02) 487 Failure of this Agreement to contain the zoning classification (except in cases where the property {and each parcel thereof, if 488 svbdividable) is zoned solely or primarily to permit single-family dwellings) will render this Agreement voidable at the option 489 of the Buyer, and, if voided, any deposit tendered 1 Buyer will be retuned to the Buyer without any requirement for 490 court action. 491 Zoning Classification: -?? 492 ? ELECTED. Within 15 DAYS of the ex lion o this Agreement, Buyer will verify that the existing use of the 493 Property as is permitted 494 In the event the use is not permitted, Buyer will, within the time given for verification, notify Seller in writing that the 495 existing use of the Property is not permitted and this Agreement will be VOID, in which case all deposit monies paid on 496 account of purchase price will be returned promptly to Buyer. Bayer's failure to respond within the time given will 497 constitute a WAIVER of this contingency and all other terms of this Agreement remain in full force and effect. 498 17. rNO7T OTICE 499 APPLICABLE 500 PLICABLE 501 THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND 502 RIGHTS OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE 503 OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL SUCH COAL 504 AND IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, 505 BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. (This notice is set forth in the manner provided in Section 1 506 of the Act of July 17, 1957, P.L. 984.) "Buyer acknowledges that he may not be obtaining the right of protection against PREPARED BY: THOMAS S. MITROS, BROKERIOWNER A/S-2K - Standard Agreement For The Sale Of Real Estate, 01/02. Pennsylvania Association of REALTORSO COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 RealFA$T® So Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS Buyer(s) Mit Is ? Page 9 of 2' Seller(s) Initial: Y 507 subsidence resulting from coal mining operations, and that the property described herein may be protected from damage due tc 508 mine subsidence by a private contract with the owners of the economic interests in the coal. This acknowledgment is made foi 509 the purpose of complying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservatior 510 Act of April 27, 1966." Buyer agrees to sign the deed from Seller which deed will contain the aforesaid provision. 511 18. POSSESSION (1-02) 512 (A) Possession is to be delivered by deed, keys and: 513 1. Physical possession to vacant Property free of debris, with all structures broom-clean, at day and time of settlement 514 AND/OR 515 2. Assignment of existing lease(s), together with any security deposits and interest, at time of settlement, if Property is 516 leased at the execution of this Agreement or unless otherwise specified herein. Buyer will acknowledge existing 517 lease(s) by initialing said leases(s) at time of execution of this Agreement. 518 (B) Seller will not enter into any new leases, written extension of existing leases, if any, or additional leases for the Property 519 without the written consent of Buyer. 52019. RECORDING (3-85) This Agreement will not be recorded in the Office for the Recording of Deeds or in any other office of 521 place of public record and if Buyer causes or permits this Agreement to be recorded, Seller may elect to treat such act as a 522 breach of this Agreement- 52320. ASSIGNMENT (3-85) This Agreement will be binding upon the parties, their respective heirs, personal representatives, 524 guardians and successors, and to the extent assignable, on the assigns of the parties hereto, it being expressly understood, 525 however, that Buyer will not transfer or assign this Agreement without the written consent of Seller. 526 21. DEPOSIT & RECOVERY FUND (1-02) 527 (A) Deposits paid by Buyer within 30 DAYS of settlement will be by cash, cashier's or certified check. Deposits, 528 regardless of the form of payment and the person designated as payee, will be paid in US. Dollars to Broker or party 529 identified in paragraph 3(B), who will retain them m an escrow account until consummation or termination of this 530 Agreement in conformity with all applicable laws and regulations. Any micashed check tendered as deposit monies may 531 be held pending the acceptance of this offer. 532 (B) Upon termination of this Agreement, the Broker holding the deposit monies will release the deposit monies in accordance 533 with the terms of a fully executed written agreement between Buyer and Seller. 534 (C) In the event of a dispute over entitlement to deposit monies, a broker holding the deposit monies is required by the Rules 535 and Regulations of the State Real Estate Commission (49 Pa. Code §35.327) to retain the monies in escrow until the dispute 536 is resolved. In the event of litigation for the return of deposit monies, a broker will distribute the monies as directed by a final 537 order of court or the written Agreement of the parties. Buyer and Seller agree that, in the event any broker or affiliated 538 licensee is joined in litigation for the return of deposit monies, the attorneys! fees and costs of the broker(s) and licensee(s) 539 will be paid by the party joining them. 540 (D) A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a 541 Pennsylvania real estate licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been 542 unable to collect the judgment after exhausting all legal and equitable remedies. For complete details about the Fund, call 543 (717) 783-3658, or (800) 822-2113 (within Pennsylvania) and (717) 783-4854 (outside Pennsylvania). 544 21NDOMMUM / PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) RESALE NOTICE (1-02) 545 NOT APPLICABLE 546 APPLICABLE: CONDOMINIUM Buyer acknowledges that the Property is a unit of a condominium that is primarily run 547 by a unit owners' association. §3407 of the Uniform Condominium Act of Pennsylvania requires Seller to furnish Buyer 548 with a Certificate of Resale and copies of the condominium declaration (other than plats and plans), the bylaws, and the 549 rules and regulations of the association. 550 ? APPLICABLE: PLANNED COMM[JNITY (HOMEOWNER ASSOCIATION). Buyer acknowledges that the Property is 551 part of a planned community as defined by the Uniform Planned Community Act. (See Definition of Planned Community 552 Notice). §5407(a) of the Act requires Seller to Rumish Buyer with a copy of the Declaration (other than plats and plans), the 553 bylaws, the rules and regulations of the association, and a Certificate containing the provisions set forth in §5407(a) of the 554 Act. 555 THE FOLLOWING APPLIES TO PROPERTIES THAT ARE PART OF A CONDOAHWM OR A PLANNED 556 COMMUNITY. 557 (A) Within 15 DAYS of the execution of this Agreement, Seller will submit a request to the association for a Certificate 558 of Resale and the documents necessary to enable Seller to comply with the Act. The Act provides that. the association is 559 required to provide these documents within 10 days of Seller's request. 560 (B) Seller will promptly deliver to Buyer all documents received from the association. Under the Act, Seller is not liable to 561 Buyer for the failure or delay of the association to provide the Certificate in a timely manner, nor is Seller liable to Buyer 562 for any erroneous information provided by the association and included in the Certificate. 563 (C) Buyer may declare this Agreement VOID at any time before Buyer's receipt of the association documents and for 5 days 564 thereafter, OR until settlemerC whichever occurs first. Buyer's notice declaring this Agreement void must be in writing, 565 thereafter all deposit monies will be returned to Buyer. PREPARED BY: THOMAS S. MITROS, BROKERtOWNER A/S-2K - Standard Agreement For The Sale Of Real Estate, 01102. Pennsylvania Association of REALTORS@ COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS& 2002 Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS Rea1FA$T0 V-517, Buyer(s) Initi Page 10 of 2' ?? ?? / (10,N) Initial! 566 (D) In the event the association has the right to buy the Property (right of first refusal), and the association exercises that right 567 Seller will reimburse Buyer for all monies paid by Buyer on account of purchase price and for any costs incurred by Buye: 568 for: (1) Title search, title insurance and/or mechanics lien insurance, or fee for cancellation of same, if any: (2) Floor 569 insurance and/or fire insurance with extended coverage, mine subsidence insurance, or fee for cancellation of same, i '570 any, (3) Appraisal fees and charges paid in advance to mortgage lender, if any. 57123. MAINTENANCE & RISK OF LOSS (1-02) 572 (A) Seller will maintain the Property, grounds, fixtures, and any personal property specifically scheduled herein in its presen, 573 condition, normal wear and tear excepted. 574 (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. 575 Seller will promptly notify Buyer in writing of Seller's choice to: 576 1. Repair or replace the failed system or appliance before settlement or credit Buyer at settlement for the fair market value 577 of the failed system or appliance (this option must be acceptable to the mortgage lender, if any). In each case, Buyei 578 accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR 579 2. Not repair or replace the failed system or appliance, and not credit Buyer at settlement for the fair market value of the 580 failed system or appliance. If Seller does not repair, replace or offer a credit for the failed system or appliance, 581 or if Seller fails to notify Buyer of Seller's choice, Buyer will notify Seller in writing within 582 5 DAYS or before settlement, whichever is sooner, that Buyer will: 583 a. Accept the Property and agree to the RELEASE set forth in paragraph 25 ofthis Agreement, OR 584 b. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned 585 promptly to Buyer and this Agreement will be VOID. 586 (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 587 casualties to any property included in this sale that is not repaired or replaced prior to settlement, Buyer will have the option 588 of rescinding this Agreement and promptly receiving all monies paid on account of purchase price or of accepting the 589 Property m its then condition together with the proceeds of any insurance recovery obtainable by Seller. Buyer is hereby 590 notified that Buyer may insure Buyer's equitable interest in this Property as of the time of execution of this Agreement. 59124. WAVER OF CONTINGENCIES (1-02) 592 If this Agreement is contingent on Buyer's right to inspect and/or repair the Property, Buyer's failure to exercise any of 593 Buyer's options within the time limits set forth in this Agreement will constitute a WAIVER of that contingency and 594 Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement: 59525. RELEASE (1-02) 596 Buyer hereby releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES, 597 and any OFFICER or PARTNER of any one of them and any other PERSON, FIRM, or CORPORATION who may be 598 liable by or through them, from any and all claims, losses or demands, including, but not limited to, personal injuries and 599 property damage and all of the consequences thereof, whether now known or not, which may arise from the presence of 600 termites or other wood-boring insects, radon, lead-based paint hazards, environmental hazards, any defects in the 601 individual on-lot sewage disposal system or deficiencies in the on-site water service system, or any defects or conditions 602 on the Property. Should Seller be in default under the terms of this Agreement, this release does not deprive Buyer of 603 any rights to pursue any remedies that may be available under law or equity. This release will survive settlement. 60426. REPRESENTATIONS (1-02) 605 (A) Buyer understands that any representations, claims, advertising, promotional activities, brochures or plans of any kind made 606 by Seller, Brokers, their licensees, employees, officers or partners are not a part of this Agreement unless expressly 607 incorporated or stated m this Agreement. It is farther understood that this Agreement contains the whole agreement 608 between Seller and Buyer and there are no other terms, obligations, covenants, representations, statements or conditions, 609 oral or otherwise of any kind whatsoever concerning this sale. Furthermore, this Agreement will not be altered, amended, 610 changed, or modified except in writing executed by the parties. 611 (B) It is understood that Buyer has inspected the Property before signing this Agreement (including fixtures and any 612 personal property specifically scheduled herein), or has waived the right to do so, and has agreed to purchase the 613 Property in its present condition unless otherwise stated in this Agreement. Buyer acknowledges that Brokers, their 614 licensees, employees, officers or partners have not made an independent examination or determination of the 615 structural soundness of the Property, the age or condition of the components, environmental conditions, the permitted 616 uses, or of conditions existing in the locale where the Property is situated; nor have they made a mechanical 617 inspection of any of the systems contained therein. 618 (C) Any repairs required by this Agreement will be completed in a workmanlike manner. 619 (D) Broker(s) may perform services to assist unrepresented parties in complying with the terms of this Agreement. 620 (E) The headings, captions, and line numbers in this Agreement are meant only to make it easier to find the paragraphs. 62127. DEFAULT (1-02) 622 (A) Seller has the option of retaining all sums paid by Buyer, including the deposit monies, should Buyer: 623 1. Fail to make any additional payments as specified in paragraph 3; OR 624 2. Furnish false or incomplete information to Seller, Broker(s), or the mortgage lender, if any, concerning Buyer's legal or 625 financial status, or fail to cooperate in the processing of the mortgage loan application, which acts would result in the PREPARED BY: THOMAS S. MITROS, BROKERIOWNER A/S-2K - Standard Agreement For The Sale Of Real Estate, 01/02. Pennsylvania Association of REALTORSO COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 RealFA$T® So ®2005, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS 3uyer(s) In"als Page 11 of 21 Seller(s) Initials 626 failure to obtain the approval of a mortgage loan commitment; OR 627 3. Violate or fail to fulfill and perform any other terms or conditions of this Agreement. 628 (B) Unless otherwise checked in paragraph 27 (C), Seller may elect to retain those scams paid by Buyer, ihelLding deposit 629 monies, in one of the following manners: 630 1. On account of purchase price, OR 631 2. As monies to be applied to Seller's damages, OR 632 3. As liquidated damages for such breach. 633 (C) Seller is limited to retaining sums paid by Buyer, including deposit monies, as liquidated damages. 634 (D Seller retains all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to paragraph 27 (B) or 635 (C), Buyer and Seller will be released from further liability or obligation and this Agreement will be VOID. 636 28. MEDIATION (7-96) 637 ?? NOT AVAILABLE 638 l WAIVED. Buyer and Seller understand that they may choose to mediate at a later date, should a dispute arise, but that 639 there will be no obligation on the part of any party to do so. 640 ? ELECTED 641 (A) Buyer and Seller will try to resolve any dispute or claim that may arise from this Agreement through mediation, 642 in accordance with the Rules and Procedures of the Home Sellers/Home Buyers Dispute Resolution System. Any 643 agreement reached through a mediation conference and signed by the parties will be binding. 64-4 (B) Buyer and Seller acknowledge that they have received, read, and understand the Rules and Procedures of the Home 645 Sellers/Rome Buyers Dispute Resolution System. (See Mediation Notice.) 646 (C) This agreement to mediate disputes arising from this Agreement will survive settlement. 647 29. SPECIAL CLAUSES (1-02) 648 (A) The following are part of this Agreement if checked: 649 ? Sale & Settlement of Other Property ? Settlement of Other Property Contingency Addendum (PAR Form SOP) 650 Contingency Addendum (PAR Form SSP) ? Tenant-Occupied Property Addendum (PAR Form TOP) 651 ? Sale & Settlement of other Property ? 652 Contingency with Right to Continue ? 653 Marketing Addendum (PAR Form SSP-cm ? 654 (B v e Gx? 655 656 657 Buyer and Seller acknowledge receiving a copy of this Agreement at the time of signing. 658 659 NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Return by facsimile 660 transmission (FAX) of this Agreement, and all addenda, bearing the signatures of all parties, constitutes acceptance of this 661 Agreement. Parties to this transaction are advised to consult an attorney before signing if they desire legal advice. 66 663 Buyer has received the Consumer Notice as adapted by the State Real Estate Commission at 49 Pa. Code § 35.336. Buyer has received a statement of Buyer's estimated closing costs befort'siguing this Agreement. 66 Buyer has read and understands the notices and explanatory information set forth in this Agreement. 666 Buyer has received a Seller's Property Disclosure Statement before signing this Agreement, if required by law (see 667 Information Regarding the Real Estate Seller Disclosure Law} 668 Buyer has received the Deposit Money Notice (for cooperative sales when Broker for Seller is holding deposit money) 66 before signing this Agreement 670 B UYER'S MAILING ADDRESS: 5,q IVA/^ 671 672 BUYER'S w2TrrESS Bf 3aM DATE J _ 673 674 Seller hereby approves the above contract this (date) PREPARED BY: THOMAS S. MICROS, BROKER/OWNER A/S-2K - Standard Agreement For The Sale Or Real Estate, 01/02. Pennsylvania Association of REALTORS® COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS® 2002 ReelFA$T@ Software, 02005, Version 6.16. Software Registered to: THOMAS S MICROS, REUM HOMEFINDERS Page 12 of 21 f Seller(sTlaitiak 675 In consideration of the services rendered in procuring the Buyer, Seller agrees to pay the named Broker for Seller a fee of Z2 of rom the specified sale price. In the event the 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 f 676 677 ? 678 Seller has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code § 35.336. ? Seller has received a statement of Seller's estimated closing costs before signing this Agreement. 679 El Seller has read and understands the notices and explanatory information set forth in this Agreement. 680 SELLER'S MAILING ADDRESS: tit © c ??? ?,c? 681n?c?t??,. w?? t 3? 1 682 SELLER'S CONTACT NUMBER(S); 683 684 Brokers'fUcensees' Certifications (check all that are applicable): 685 ? Regarding Lead-Based Paint Hazards Disclosure: Required if Property was built before 1978: The undersigned Licensees 686 involved in this transaction, on behalf of themselves and their brokers, certify that their statements are true to the best of their 687 knowledge and belief. 688 Acknowledgment: The Licensees involved in this transaction have informed Seller of Seller's obligations under The Residential 689 Lead-Based Paint Hazard Reduction Act, 42 U. S. C. § 4852(d), and are aware of their responsibility to ensure compliance. 690 691 ? Regarding FHA Mortgages: The undersigned Licensees involved in this transaction, on behalf of themselves and their 692 brokers, certify that the terms of this contract for purchase are true to the best of their knowledge and belief, and that any other 693 agreement entered into by any of these parties in connection with this transaction is attached to this Agreement. 694 69511 Regarding Mediation: The undersigned ? Broker for Seller ? Broker for Buyer agree to submit to mediation in accordance 696 with paragraph 28 of this Agreement 697 698 BROKER FOR SELLER (Colupany Name 699 ACCEPTED BY 700 701 BROKER FOR BUYER (Co,,7 N4 -1??&2 Wd?/?J) &ZS= J Z.. 702 ACCEPTED BY 'REPARED BY: THOMAS S. MITROS, BROKERIOWNER JS-2K - Standard Agreement For The Sale Of Real Estate, 01/02. Pennsylvania Association of REALTORSO :OPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 :eaIFA$T® r 005, Version 6.16. Software Registered to: THOMAS S MITROS, RE%= HOMEFINDERS uyer(s) In' als Page 1 of 21 NOTICES AND INFORMATION INFORMATION REGARDING TAX PRORATION For purposes of prorating real estate taxes, the "periods covered" by the tax bills are as follows: for all counties and municipalities in Pennsylvania, and for the Philadelphia, Pittsburgh, and Scranton school districts, the tax bills are for the period January 1 tc December 31. For all other school districts, the period covered by the tax bill is July 1 to June 30. COMMUNICATIONS WITH BUYER AND/OR SELLER Whenever this Agreement contains a provision that requires or allows communication/delivery to a Buyer, said provision shall be satisfied by communication/delivery to the Broker for Buyer, if any. If there is no Broker for Buyer, all such provisions may be satisfied only by communication/delivery being made directly to the Buyer, unless otherwise agreed to by the parties. Whenever this Agreement contains a provision that requires or allows communication/delivery to a Seller, said provision shall be satisfied by communication/delivery to the Broker for Seller, if any. If there is no Broker for Seller, all such provisions may be satisfied only by communication/delivery being made directly to the Seller, unless otherwise agreed to by the parties. NOTICE TO BUYERS SEEKING MORTGAGE FINANCING The appraised value of the Property is used in determining the maximum amount of the loan and may be different from the purchase price and/or market value. NOTICES AND INFORMATION ON PROPERTY CONDITION INSPECTIONS U.S. Department of Housing and Urban Development FHA Loans: For Your Protection: Get a Home Inspection Why a Buyer Needs a Home Inspection A house inspection gives the buyer more detailed information about the overall condition of the home prior to purchase. In a home inspection, a qualified inspector takes an in-depth, unbiased look at your potential new home to: • evaluate the physical condition: structure, constriction, and mechanical systems. • identify items that need to be repaired or replaced • estimate the remaining useful life of the major systems, equipment, structure, and finishes Appraisals are Different from Home Inspections An appraisal is different from a home inspection. Appraisals are for lenders; home inspections are for buyers. An appraisal is required for three reasons: • to estimate the market value of a house • to make sure that the house meets FHA minimum property standardshtqua-ements • to make sure that the house is marketable FHA Does Not Guarantee the Value or Condition of your Potential New Home If you find problems with your new home after closing, FHA can not give or lend you money for repairs, and FHA can not buy the home back from you. Radon Gas Testing The United States Environmental Protection Agency and the Surgeon General of the United States have recommended that all houses should be tested for radon. For more information on radon testing, call the National Radon Information Line at 1-800-SOS-Radon (1-800-644-6999). As with a home inspection, if yon decide to test for radon, you may do so before signing your contract, or you may do so after signing the contract as long as your contract states the sale of the home depends on your satisfaction with the results of the radon test. Be an Informed Buyer It is your responsibility to be an informed buyer. Be sure that what you buy is satisfactory in every respect. You have the right to carefully examine your potential new home with a qualified home inspector. You may arrange to do so before signing your contract, or may PREPARED BY: THOMAS S. MITROS, BROKERIOWNER A/S-2K - Standard Agreement For The Sale Of Real Estate, 01102. Pennsylvania Association of REALTORSO COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 ReaIFA$T® S r. 005, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS 3uyer(s) Page 14 of 21 Seller(s) Initials do so after signingthecontract aslong asyourcontractstatesthat thesaleofthehomedependsontheinspection. PROPERTY INSPECTION NOTICES Property Inspection: Inspections of the Property can be performed by professional contractors or a home inspector and may include inspections of: structural components; roof; exterior windows and exterior doors; exterior siding, fascia, gutters, and downspouts; appliances; electrical, plumbing, heating, and cooling systems; water penetration; and any other items Buyer may select. Other inspections or certifications might include: Environmental Hazards (e.g., Mold, Indoor Air Quality, Asbestos, Underground Storage Tanks, etc.), Electromagnetic Fields, Wetlands Inspection, Flood Plain Verification, Property Boundary/Square Footage Verification, and any other items Buyer may select. Buyer is advised to investigate easements, deed and use restrictions (including any historic preservation restrictions or ordinances) that apply to the Property and to review local zoning ordinances. Flood Plains: If the Property is located in a flood plain, Buyer may be required to carry additional insurance. Property Boundary/Square Footage: Buyer is advised that Seller has not had the Property surveyed and that any fences, hedges, walls and other natural or constructed barriers may or may not represent the true boundary lives of the Property. Buyer is also advised that any numerical representations of square footage of the structure(s) and/or lot size are approximations only and may be inaccurate. Buyer is advised to engage a professional surveyor or obtain an independent measurement of the structure(s) and/or lot size if Buyer wishes to make this sale contingent on Buyer's approval of the Property's boundaries or square footage. Water Service: Buyer may elect to have the water service inspected by a professional water testing company. In addition, on-site water service systems may have to meet certain quality and/or quantity requirements set by the mumcipal4 or the mortgage lender. Wood-Destroying Insect Infestation: Insects whose primary source of food is wood, such as termites, wood boring beetles, carpenter ants, carpenter bees, and certain other insects, can cause damage to the wood structure of a residence. Termite and Pest Control companies are available to make inspections to determine whether wood-destroying insects are present Because of the way these insects function, damage to wood may be hidden. Careful selection should be made of skilled experts in the termitefpest control field to insure a proper determination of whether wood-boring insects or resultant damage is present. Exterior Insulation and Finish Systems (EM)-. Exterior Insulation and Finish Systems - sometimes referred to as synthetic stucco - are multi-layered wall systems that are applied to the exterior of some homes. Poor or improper installation of EIFS may resuh in moisture penetrating the surface of a structure where it may cause damage to the building's frame. Leakage most frequently occurs near doors and windows, gutters, the roof connection, and at the lowermost edge of the exterior wiface. Vulnerability to leakage depends on structure design as well as the expertise and application skills of the contractor. Damage caused by water intrusion may be both extensive and expensive to repair but may go undetected in the absence of an adequate inspection. Buyers purchasing homes with EIFS construction may seek to engage an inspector experienced in testing the EIFS related problems who can determine the moisture content of the building's frame. INFORMATION REGARDING THE HOME INSPECTION LAW 68 Pa. C.S.A. §7501, et. seq. Applicability: In general, the Home Inspection Law applies to residential real estate trans&rs. A residential real estate transfer is defined as a sale, exchange, installment sales contact, lease with an option to buy, grant or other transfer of an interest in real property where NOT LESS THAN ONE AND NOT MORE THAN FOUR RESIDENTIAL DWELLING UNITS are involved- See Information Regarding The Real Estate Seller Disclosure Law (exceptions 1-8) for a list of exceptions to this general rule. Home Inspection: A noninvasive, visual examination of some combination of the mechanical, electrical or plumbing systems or the structural and essential components of a residential dwelling designed to identify material defects in those systems and components, and performed for a flee in connection with or preparation for a proposed or possible residential real estate transfer. The term also includes any consultation regarding the property that is represented to be a home inspection or that is described by any cauftisingly similar term. The term does not include an examination of a single system or component of a residential dwelling such as, for example, its electrical or plumbing system or its roof. The term also does not include an examination that is limited to inspection for, or of, one or more of the following: wood destroying insects, underground tanks and wells, septic systems, swimming pools and spas, alarm systems, air and water quality, tennis courts and playground equipment, pollutants, toxic chemicals and environmental hazards. The scope of a home inspection, the services to be performed and the systems and conditions to be inspected or excluded from inspection may be defined by a contract between the home inspector and the client. Home inspection report: A written report on the results of a home inspection. A home inspection report shall include: PREPARED BY: THOMAS S. MITROS, BROKERIOWNER 4/S-2K - Standard Agreement For The Sale Of Real Estate, 01/02. Pennsylvania Association of REALTORS@ 3OPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 ReaIFA$T® 005, Version 6.16. Software Registered to: THOMAS S MTROS, RE/MAX HOMEFINDERS Page 16 of 21 3uyer(s) In tials Seller(s) Initial CNVI" ?0 (1) A description of the scope of the inspection, including without limitation an identification of the structural elements, systems and subsystems covered by the report. (2) A description of any material defects noted during the inspection, along with any recommendation that certain experts be retailed to determine the extent of the defects and any corrective action that should be taken. A "material defect" that poses an ursreasorlable risk to people on the property shall be conspicuously identified as such. A home inspector shall not express either orally or in writing an estimate of the cost to repair any defect found during a home inspection, except that such an estimate may be included in a home inspection report if. (1) the report identifies the source of the estimate; (2) the estimate is stated as a range of costs; and (3) the report states that the parties should consider obtaining an estimate from a contractor who performs the type of repair involved. Seller shall have the right, upon request, to receive without charge a copy of any inspection report from the party for whom it was prepared- Home inspector: An individual who performs a home inspection. National home inspectors association: Any national association of home inspectors that: (1) Is operated on a not-'or-profit basis and is not operated as a franchise. (2) Has members in more than ten states. (3) Requires that a person may not become a full member unless the person has performed or participated in more than 100 home inspections and has passed a recognized or accredited examination testing knowledge ofthe proper procedures for conducting a home inspection. (4) Requires that its members comply with a code of conduct and attend continuing professional education classes as an ongoing condition of membership. A buyer shall be entitled to rely in good faith, without independent investigation, on a written representation by a home inspector that the home inspector is a full member in good standing of a national home inspection association. Material defect: A problem with a residential real property our any portion of it that would have a significant adverse impact on the value of the property or that involves an unreasonable risk to people on the property. The fact that a structural element, system or subsystem is near, at or beyond the end of the normal useful life of such a structural element, system or subsystem is not by itself a material defect. ENVIRONMENTAL NOTICES Asbestos: The heat-resistant and durable nature of asbestos makes it useful in construction and industry. The physical properties that give asbestos its resistance to heat and decay are linked with several adverse human health effects. Asbestos can easily break into microscopic fibers that can remain suspended in the air for long periods of time. When inhaled, these fibers easily penetrate body tissue. Asbestos is known to cause Asbestosis and various farms of cancer. Inquiries or requests for more information about asbestos can be directed to the U.S. Environmental Protection Agency, Anel Rios Building, 1200 Pennsylvania Ave., N.W., Washington, DC 20460, and/or the Department of Health, Commonwealth of Pennsylvania, Division of Environmental Health, Harrisburg, PA 17120. Electromagnetic Melds: Electromagnetic Fields (EWs) occru around all electrical appliances and power lines Conclusive evidence that EWs pose health risks does not exist at present, and Pennsylvania has no laws regarding this issue. Enviromnental Hazards: The U. S. Environmental Protection Agency has a list of hazardous substances, the use and disposal of which are restricted by law. Generally, if hazardous substances are found on a property, it is the property owner's responsibility to dispose of them properly. For more information and a list of hazardous substances, contact U.S. Environmental Protection Agency, Anel Rios Building, 1200 Pennsylvania Ave., NW, Washington, DC 20460, (202) 260-2090. Wetlands: Wetlands are protected by both the federal and state governments. Buyer may wish to have the Property inspected for wetlands by an environmental engineer to determine if permits for plans to build, improve, or develop the property would be affected or denied because of wetlands. Lead: (For Properties built before 1978) Lead Warning Statement: Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead based paint that may placeyoung children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk PREPARED BY: THOMAS S. MITROS, BROKERIOWNER 41S-2K- Standard Agreement For The Sale Of Real Estate, 01/02. Pennsylvania Association of REALTORSO COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 2eaIFA$T® Softwar , rVersion 6.16. Software Registered to: THOMAS S MITROS, RFJMAX HOMEFINDERS page 16 of 21 3uyer(s) M ' !S Seller(s? Initials /1.. - _ ? to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any ]mown lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase. Lead Hazard Disclosure Requirements: In accordance with the Residential Lead-Based Paint Hazard Reduction Act, any seller of property built before 1978 must provide the buyer with an EPA-approved lead hazards information pamphlet titled Protect Your Family From Lead in Your Home and must disclose to the buyer and the Broker(s) the known presence of lead-based paint and/or lead-based paint hazards in or on the property being sold, including the basis used for determining that lead based paint and/or lead- based paint hazards exist, the location of lead-based paint and/or lead-based paint hazards, and the condition of painted surfaces. Any seller of a pre-1978 structure must also provide the buyer with any records or reports available to the seller pertaining to lead based paint and/or lead based paint hazards in or about the property being sold, the common areas, or other residential dwellings in multi-family housing. The Act further requires that before a buyer is obligated to purchase any housing constructed prior to 1978, the seller will give the buyer 10 days (unless buyer and seller agree in writing to another time period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. The opportunity to conduct a risk assessment or inspection may be waived by the buyer, in writing. Neither testing nor abatement is required of the seller. Housing built in 1978 or later is not subject to the Act. Radon: Radon is a natural, radioactive gas that is produced in the ground by the normal decay of uranium and radium. Studies indicate that extended exposure to high levels of radon gas can increase the risk of lung cancer. Radon can find its way into any air-space, including basements and crawl spaces and can permeate a structure. The U. S. Environmental Protection Agency (EPA) advises corrective action if the annual average exposure to radon exceeds 0.02 working levels or 4 picocunesthter. If a house has a radon problem, it usually can be cured by increased ventilation and/or by preventing radon entry. Any person who tests, mitigates, or safeguards a building for radon in Pennsylvania must be certified by the Department of Environmental Protection. Information about radon and about certified testing or mitigation firms is available through the Department of Environmental Protection, Bureau of Radiation Protection, 13th Floor, Rachel Carson State Office Building, P.O. Box 8469, Harrisburg, PA 17105-8469, (800) 23RADON or (717) 783-3594. Mold3kmgi and Indoor Air-Quality: Indoor mold contamination and the inhalation of bioaerosols (bacteria, mold spores, pollen, and viruses) have been associated with allergic responses including upper respiratory congestion, cough, mucous membrane irritation, fever, chills, muscle ache or other transient inflammation or allergy. Claims have been asserted that exposure to mold contamination and bicaerosols has led to serious infection, imnn,nosuppression and illnesses of neuro or systemic toxicity. Sampling of indoor air quality and other methods exist to determine the presence and scope of any indoor contamination. Because individuals may be affected differently, or not affected at all, by mold contamination, the surest approach to determine the presence of contamination is to engage the services of a qualified professional to undertake an assessment and/or sampling. Assessments and samplings for the presence of mold contamination can be performed by qualified industrial hygienists, engineers, laboratories and home inspection companies that offer these services. Information pertaining to indoor air quality is available through the United States Environmental Protection Agency and may be obtained by contacting IAQ INFO, P.O. Box 37133, Washington, D.C. 20013-7133, 1-SW-4384318 SEWAGE NOTICES NOTICES PURSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT NOTICE 1: THERE IS NO CURRENTLY EXISTING COMMUNITY SEWAGE SYSTEM AVAILABLE FOR THE SUBJECT PROPERTY. Section 7 of the Pennsylvania Sewage Facilities Act provides that no person shall install, construct, request bid proposals for construction, alter, repair or occupy any building or structure for which an individual sewage system is to be installed, without first obtaining a permit Buyer is advised by this notice that, before signing this Agreement, Buyer should contact the local agency charged with administering the Act to determine the procedure and requirements for obtaining a permit for an individual sewage system The local agency charged with administering the Act will be the municipality where the Property is located or that municipality working cooperatively with others. NOTICE 2: THIS PROPERTY IS SERVICED BY AN INDIVIDUAL SEWAGE SYSTEM INSTALLED UNDER THE TEN ACRE PERMIT EXEMPTION PROVISIONS OF SECTION 7 OF THE PENNSYLVANIA SEWAGE FACILITIES ACT. (Section 7 provides that a permit may not be required before installing, constructing, awarding a contract for construction, altering, repairing or connecting to an individual sewage system where a ten-acre parcel or lot is subdivided from a parent tract after January 10, 1987). Buyer is advised that soils and site testing were not conducted 'and that, should the system malfunction, the owner of the Property or properties serviced by the system at the time of a malfunction may be held liable for any contamination, pollution, public health hazard or nuisance which occurs as a result NOTICE 3: THIS PROPERTY IS SERVICED BY A HOLDING TANK (PERMANENT OR TEMPORARY) TO WHICH 'REPARED BY: THOMAS S. MITROS, BROKERIOWNER JS-2K - Standard Agreement For The Sale Of Real Estate, 01/02. Pennsylvania Association of REALTORSO 'OPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 :ealFA$T®So , ®2005, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS Page T of 21 Buyer(s) In 'als `/? Seller(s) itiaE SEWAGE IS CONVEYED BY A WATER CARRYING SYSTEM AND WHICH IS DESI,G"D AND CONSTRUCTED TO FACILITATE ULTIMATE DISPOSAL OF THE SEWAGE AT ANOTHER SITE. Pursuant to the Pennsylvania Sewage Facilities Act, Seller must provide a history of the annual cost of maintaining the tank from the date of its installation or December 14, 1995, whichever is later. NOTICE 4: AN INDIVIDUAL SEWAGE SYSTEM HAS BEEN INSTALLED AT AN ISOLATION DISTANCE FROM A WELL THAT IS LESS THAN THE DISTANCE SPECIFIED BY REGULATION. The regulations at 25 Pa_ Code §73.13 pertaining to minimum horizontal isolation distances provide guidance. Subsection (b) of §73.13 state: that the minimum horizontal isolation distance between an individual water supply or water supply system suction line and treatment tanks shall be 50 feet. Subsection (c) §73.13 states that the horizontal isolation distance between the individual water supply or water supply system suction line and the perimeter of the absorption area shall be 100 feet. NOTICE 5:' THIS LOT IS WITHIN AN AREA IN WHICH PERMIT LIMITATIONS ARE IN EFFECT AND IS SUBJECT TO THOSE LIMITATIONS. SEWAGE FACILITIES ARE NOT AVAILABLE FOR THIS LOT AND CONSTRUCTION OF A STRUCTURE TO BE SERVED BY SEWAGE FACILITIES MAY NOT BEGIN UNTIL THE MUNICIPALITY COMPLETES A MAJOR PLANNING REQUIREMENT PURSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT AND REGULATIONS PROMULGATED THEREUNDER NOTICE REGARDING RECREATIONAL CABINS A Recreational Cabin is a structure which is: (1) Utilized principally for recreational activity; (2) Not utilized as a domicile or residence for any individual for any time period; (3) Not utilized for commercial purposes; (4) Not greater than two stories in height, excluding basement, (5) Not utilized by the owner or any other person as a place of employment; (6) Not a mailing address for bills and correspondence; and (7) Not listed as an individual's place ofresidence on a tax return, driver's license, car registration orvoter registration- A recreational cabin may be exempt from the provisions of the Pennsylvania Construction Code Act & (1) The cabin is equipped with at least one smoke detector, one fire extinguisher and one carbon monoxide detector in both the kitchen and sleeping quarters; and (2) The owner ofthe cabin files with the municipality either: (A) An affidavit on a form prescn-W by the department attesting to the fact that the cabin meets the definition of a "recreational cabin" in Section 103; or (B) A valid proof of insurance for the recreational cabin, written and issued by an insurer authorized to do business in this Commonwealth, stating that the structure meets the definition of a 'recreational cabin" as defined in Section 103. If a recreational cabin is subject to exclusion from the Pennsylvania Construction Code Act, upon transfer of ownership of the recreational cabin, written notice mast be provided in the sales agreement and the deed that the recreational cabin: (1) Is exempt from this Act; (2) May not be in conformance with the uniform construction code, and (3) Is not subject to municipal regulation. Failure to comply with the notice requirement under paragraph (1) above shall render the sale voidable at the option of the purchaser. DEFINITION OF A PLANNED COMMUNITY The Uniform Planned Community Act defines "planned community" as real estate with respect to which a person, by virtue of ownership of an interest in any portion of the real estate, is or may become obligated by covenant, easement or agreement imposed on the owner's interest to pay any amount for real property taxes, insurance, maintenance, repair, impromunent, management, administration or regulation of any part of the real estate other than the portion or interest owned solely by the person. The term excludes a cooperative and a condominium, but a cooperative or condominium may be part of a planned community. For the purposes of this definition, "ownership" includes holding a leasehold interest of more than 20 years, including renewal options, in real estate. The term includes non-residential campground communities. PREPARED BY: THOMAS S. MITROS, BROKERIOWNER AIS-2K - Standard Agreement For The Sale Of Real Estate, 01102. Pennsylvania Association of REALTORSO COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 RealFA$T® !als 02005, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS Buyer(s) In' Page 1 of 21 Seller(s) Iq'itials nt A ')? Exemptions from the Uniform Planned Community Act - When a Certificate of Resale Is Not Required The owner of a property located within a planned community is not required to furnish the buyer with a certificate of resale under the following circumstances: A. The Planned Community contains no more than 12 units, provided there is no possibility of adding real estate or subdividing units to increase the size of the planned community. B. The Planned Community is one in which all of the units are restricted exclusively to non-residential use, unless the declaration provides that the resale provisions are nevertheless to be followed. C. The Planned Community or units are located outside the Commonwealth of Pennsylvania. D. The transfer of the unit is a gratuitous transfer. E. The transfer of the unit is required by court order. F. The transfer of the unit is by the government or a governmental agency. G. The transfer of the unit is the result offoreclosare or in lieu offoreclosure. Notices Regarding Public Offering Statements and Rigbt to Rescission If Seller is a Declarant of the condominium or planned community, Seller is required to furnish Buyer with a copy of the Public Offering Statement and its amendments. For condominiums, the delivery of the Public Offering Statement must be made no later than the date the buyer executes this Agreement. Buyer may cancel this Agreement within 15 days after receiving the Public Offering Statement and any amendments that materially and adversely affect Buyer. For planned communities, the Declarant must provide the Buyer with a copy of the Public Offering Statement and its amendments no later than the date the Buyer executes this Agreement Buyer may cancel this Agreement within 7 days after receiving the Public Offering Statement and any amendments that materially and adversely affect Buyer. INFORMATION REGARDING THE REAL ESTATE SELLER DISCLOSURE LAW Generally speaking, the Real Estate Seller Disclosure Law requires that before an agreement of sale is signed, the seller in a residential real estate transfer must make certain disclosures regarding the property to potential buyers in a form defined by law. A residential real estate transfer is defined as a sale, exchange, installment sales contract, lease with an option to buy, grant or other transfer of an interest in real property where NOT LESS THAN ONE AND NOT MORE THAN FOUR RESIDENTIAL DWELLING UNITS are involved. The Law defines a number of exceptions, where the disclosures do not have to be made. 1. Transfers that are the result of a court order. 2. Transfers to a mortgage lender that result from a buyer's default and subsequent foreclosure sales that result from default. 3. Transfers from a co-owner to one or more other co-owners. 4. Transfers made to a spouse or a direct descendant 5. Transfers between spouses that result from divorce, legal separation, or property settlement. 6. Transfers by a corporation, partnership or other association to its shareholders, partners or other equity owners as part of a plan of liquidation. 7. Transfer of a property to be demolished or converted to non-residential use. 8. Transfer of unimproved real property. 9. Transfers by a fiduciary during the administration of a decedent estate, guardianship, conservatorship or trust. 10. Transfers of new construction that has never been occupied when. a. The buyer has received a one-year warranty covering the construction; b. The building has been inspected for compliance with the applicable building code or, if none, a nationally recognized model building code; and c. A certificate of occupancy or a certificate of code compliance has been issued for the dwelling. In addition to these exceptions, disclosures for condominiums and cooperatives are limited to the seller's particular unit(s). Disclosures regarding common areas or facilities are not required, as those elements are already addressed in the laws that govern the resale of condominiums and cooperative interests. EXECUTION DATE All changes to the Agreement should be initialed and dated The date of execution is the date when Buyer and Seller have indicated full acceptance. of this Agreement by signing and/or initialing it. MEDIATION DISPUTE RESOLUTION SYSTEM RULES AND PROCEDURES '4REPARED BY: THOMAS S. MITROS, BROKERIOWNER VS-2K - Standard Agreement For The Sale Of Real Estate, 01102. Pennsylvania Association of REALTORSV :OPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 2ealFA$T® SVersion 6.16 . Software Registered to: THOMAS S MITROS, REIMAX HOMEFINDERS Page l of 21 iuyer(s)In ls ?„?f , Seller(s) itia 1. Agreement of Parties The Rules and Procedures of the Dispute Resolution System (DRS) apply when the parties have agreed in writing to mediate under DRS. The written agreement can be achieved by a standard clause in an agreement of sale, aui addendum to an agreement of sale, or through a separate written agreement. 2. Initiation of Mediation If a dispute exists, any parry may start the mediation process by submitting a completed Request to Initiate Mediation DRS Transmittal Form (Transmittal Form) to the local Association of REALTORS@ (hereafter "Administrator"). The Transmittal Form should be available through the Administrator's office. The initiating party should try to include the following information when sending the completedTransmittal Form to the Administrator: a A copy of the written agreement to mediate if there is one, OR a request by the initiating party to have the Administrator contact the other parties to the dispute to invite them to join the mediation process. b. The names, addresses and telephone members of the parties involved in the dispute, including the name of every insurance company known to have received notice of the dispute or claim and the corresponding file or claim number. C. A brief statement of the facts of the dispute and the damages or relief sought. 3. Selection of Mediator Within five days of receiving the completed Transmittal Form, the Administrator will send each party to the dispute a copy of the Transmittal Form and a list of qualified mediators and their fee schedules. Each party then has ten days to review the list of mediators, cross off the name of any mediator to whom the party objects, and return the list to the Administrator. The Administrator will appoint the fast available mediator who is acceptable to all parties involved A mediator who has any financial or personal interest in the dispute or the results of the mediation cannot serve as mediator to that dispute, unless all parties are informed and give their written consent. 4. Mediation Fees Mediation fees will be divided equally among the parties and will be paid before the mediation conference. The parties will follow the payment terms contained in the mediator's fee schedule. 5. Time and Place of Mediation Conference Within ten days of being appointed to the dispute, the mediator will contact the parties and set the date, time and place of the mediation conference. The mediator must give at least twenty days' advance notice to all parties. The mediation conference should not be more than sixty days from the mediator's appointment to the dispute. 6. Conduct of Mediation Conference The parties attending the mediation conference will be expected to: a. Have the authority to enter into and sign a binding settlement to the dispute. b. Produce all information required for the mediator to understand the issues of the dispute. The information may include relevant written materials, descriptions of witnesses and the content of their testimony. The mediator can require the pasties to deliver written materials and i3formation before the date of the mediation conference. The mediator presiding over the conference: a. Will impartially conduct an orderly settlement negotiation. b. Will help the parties define the matters in dispute and reach a mutually agreeable solution. c. Will have no authority to render an opinion, to bind the parties to his or her decision, or to force the parties to reach a settlement Formal roles of evidence will not apply to the mediation conference. 7. Representation by Counsel Amy parry who intends to be accompanied to the mediation conference by legal counsel will notify the mediator and the other parties of the intent at least ten days before the conference. 8. Confidentiality No aspect of the mediation can be relied upon or introduced as evidence in any arbitration, judicial or other proceeding. This includes, but is not limited to, any opinions or suggestions made by any party regarding a possible settlement; any admissions made during the course of the mediation; any proposals or opinions expressed by the mediator; and any responses given by any party to opinions, suggestions, or proposals. No privilege will be affected by disclosures made in the course of the mediation. Transcripts or recordings cf the mediation will not be allowed without the prior, written consent of all parties and the mediator. Records, reports, and other documents received or prepared by the mediator or m istrator cannot be compelled by an arbitration, judicial, or other proceeding, with the exception of an agreement that was reached in the course of mediation and signed by all the parties. PREPARED BY: THOMAS S. MITROS, BROKERIOWNER A/S-2K - Standard Agreement For The Safe Of Real Estate, 01102. Pennsylvania Association of REALTORSO COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 RealFA$T® SoftwpM @2005, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS Buyer(s) I dials JC4V, .. ! Selle (s)noitials Neither the mediator nor the Administrator can be compelled to testify in any proceeding regarding information given or representations made either in the course of the mediation or in any confidential communication. 9. Mediated Settlement When a dispute is resolved through mediation, the mediator will put the complete agreement in writing and all parties will sign the written agreement within ten days of the conclusion of the mediation conference. Every reasonable effort will be made to sign the written agreement at the end of the conference. 10. Judicial Proceedings and Immunity NETT IER THE ADMINISTRATOR, THE MMIATOR, THE NATIONAL ASSOCIATION OF REALTORS, THE PENNSYLVANIA ASSOCIATION OF REALTORS®, NOR ANY OF ITS MEMBER BOARDS, WILL. BE DEEMED NECESSARY OR INDISPENSABLE PARTIES IN ANY JUDICIAL PROCEEDINGS RELATING TO MEDIATION UNDER THESE RULES AND PROCEDURES, NOR WILL ANY OF THEM SERVING UNDER THESE PROCEDURES BE LIABLE TO ANY PARTY FOR ANY ACT, ERROR OR OMISSION IN CONNECTION WITH ANY SERVICE OR THE OPERATION OF THE HOME SEI.LERS/HOW BUYERS DISPUTE RESOLUTION SYSTEM PREPARED BY: THOMAS S. MITROS, BROKERIOWNER VS-2K - Standard Agreement For The Sale Of Real Estate, 01/02. Pennsylvania Association of REALTORSO :OPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2002 2eaIFA$T® ZSo, ®2005, Version 6.16. Software Registered to: THOMAS S MITROS, RE/MAX HOMEFINDERS A? 'kV 3uyer(s) In' Page 21'o1 21 f Seller(s)1 dials Wood Destroying insect inspection Report Notice: Please read important consumer information or page 2. Section L General Information Company's Business Lic. No: Date of Inspection Inspection Company, Address, & Phone: ' BU9784 12/17;2005 CHAMBERLIN S PEST CONTROL Address of Property Inspected: PO 80X 429 MARK WORDEN NEWBURG, PENNA.17240 110 BIG POND ROAD 717-530-1962 / 267-3277- Cell - 729-6391 SHIPPENSBURG, PA 17257 Inspector's Name, Signature & Certification, Registration, or Lic. Structure(s) Inspected: ED CHAMBERLIN - 830020&( HOME AND ATTACHED GARAGE ONLY Section III. Inspection Findings This report is indicative of the condition of the above indentified structure(s) on the date of inspection and is not to be construed as a guarantee or warranty against talent; concealed, or future infestation or defects. Based on a careful visual Inspection of the readily accessible areas of the structure(s) inspected: ® A. No Visible evidence of wood destroying insects was observed. ? B. Visible evidence of a wood destroying insects was observed as follows: ? 1. Live insects; (description & location): ? 2. Dead insects, insect parts, frass, shelter tubes, exit holes, or staining (description & location): ? 3. Visible damage from wood destroying insects was noted in the following area(s): NOT1=- This fa not a structural damage (po ft It box B above is checked, It should be understood that soma degree of damage, Including hidden damage, may be present If any questions arise regarding damage (rtdicated by this report, it is recommended that the buyer or any interested parties contact a qualified structural professional to determine the extent of damage and the need for repairs. ? Yes ® No It appears that the structure(s) or a portion thereof may have been previously treated. Visible evidence of possible previous treatment: The inspecting company can give no assurances with regard to work done by other companies. The company that performed the treatmEf?t should be contacted r i ati n on a end a n or service a ent which may be in lace. Section Ill. Recommendations ® No treatment recommended: (Explain if Box B in Section It Is checked) ? Recommend treatment for the control of: Section IV. Obstructions and Inaccessible Areas The foilovting areas of the structure(s) inspected were obstructed or inaccessible: The Inspector may write out obsrrucUons or use the following optional key: ® Basement 5-7 1. Fixed ceiling 13. 001 visual access ? S C 2 Suspended calling 14. Cluttered condition raw pace 3. Fixed well covering 15. Standing water ® Main Level 1-3-4-6-7$-9 4. Floorrovetina 16. Dense vWla ion O Attic 5. Insulation 17. Exterior siding S. abtreta or shelving is. Wm:bwwell covers ® Garage 1-3-5 6-7 7. Stored items 19. wo(d pRe 8. Fumislwtgs 20. 9mv ® Exterior 17-20 9. Appliances 21. Unsi,fe conditions ® P h 10 10. S t o 23 th k N orc Addition . er s ucc Uwnited access yyn 1 1. 12. No access beneath 24. Duct work. plumbptg, an[Nor %hing 0 Other Section V. Additional Comments and Attachments (tt+ese are an Integral part of the report) Attachments INACCESSIBLE AREAS REPORT GRAPH, AND INVOICE Signatgre ofi Seller(8} or 7?e r(s) II n 'nfl. Seiler I tation dama W D ar din k owl d es that all i e Signature of Buyer. The undersigned hereby acknowledges reripLof a copy of both page f and page 2 of this repel and , . . _ g g n g ac e d orted d t ? Y.,_ en disclos to the pira tt . the (rt(otma l\ p an t s x X ! Form NPMA-33 tgrotroa)-o2owNmiDrwPesimwodeme' frmsocwm Form NPCA-1 is obsdele otter 1213+R/a. AN RVO Reserved- No reprodvualo?n of thth fp i rtnWed thoa the express permission ul NPMA Page I of 2 JA09 dp ft?p Miomas S. Mitros Tom@Mitros.com www.Shippensburg.com te 1 4w*"& mft?fty ?NTX?It? ???v fwwoje I&Oote . may, 7a' S•T ?Iet"toI y 4"" 3 ,.,?.r S ?xN WMIX6 Homefinders 115 E. King Street Shippensburg, Pennsylvania 17257-1360 Phone: (717) 532-6131, Fax: 5324380 Each Office Independently Owned and Operated Feb-22. 2006 10:54AM REMAX ?"'? RF/MI?lC Realty Agency, Inc. Mike Green Sales Assoolate / REALTOR' 16 Center Square Greencastle, PA 17225 Office: (717) 693-0011 Fax: (717) 593.0111 KN M Direct: (717) 709-7085 Eae?omuuuaep.wrnaro.TU.na?owaua 1Y E-Mall: mlkagreen®remax.net ?at?? ?- aa?d6 FAX No--•6043 P. 1 FAX artc??:c*t`fivt? liuG t/ze? V KEVIN J. KEEN AND LINDSAY E. KEEN, Plaintiffs V. MARK E. WORDEN and DIANA L. WORDEN, RE/MAX HOMEFINDERS, INC. and HALE REAL ESTATE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 06-4935 Civil Term CIVIL ACTION - LAW DEFENDANT HALE REAL ESTATE'S RESPONSE TO PLAINTIFFS' REQUEST FOR ADMISSIONS AND NOW comes Defendant, Hale Real Estate, by and through its counsel, McKissock & Hoffman, P.C. and respectfully provides the foregoing Answers to Plaintiffs' Request for Admissions and as such, provides as follows: 1. Denied as stated. Plaintiffs' Request for Admission No. 1 incorrectly identifies (if even by inference only) Mim Heisey as a signature party to the Seller's Property Disclosure Statement regarding 110 Big Pond Road, South Hampton Township, Cumberland County, Pennsylvania. By way of further response, Meriam Heisey's signature appears as a witness to the signatures of Mark Worden and Diana Worden as sellers of the property located at 110 Big Pond Road, South Hampton Township, Cumberland County, Pennsylvania. Mim Heisey's signature as a witness does not serve as an affirmation or confirmation that the information contained in the Seller's Property Disclosure Statement is true and accurate, but merely serves as to her witnessing the signatures of the sellers. Furthermore, in the paragraph immediately above the witness and sellers' signatures the following is provided: The undersigned Seller represents that the information set forth in this disclosure statement is accurate and complete to the best of Seller's knowledge. Seller hereby authorizes the Listing Broker to provide this information to perspective buyers of the property and to other real estate licensees. SELLER ALONE IS RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION CONTAINED IN THIS STATEMENT. Seller shall cause Buyer to be notified in writing of any information supplied on this form which is rendered inaccurate by change in the condition of the property following completion of this form. (Emphasis in original.) At no time did Mim Heisey ever certify the condition of the property and/or the accuracy of the Seller's Property Disclosure Statement. 2. Denied as stated. While Plaintiffs' Request for Admission No. 2 simply seeks an affirmation that the Seller's Property Disclosure Statement indicates that a "water leak" occurred in the basement during a hurricane in 2004, the notations contained in the Seller's Property Disclosure Statement specifically identifies that the property has a sump pump and that such sump pump has run before and that the seller's were aware of water leakage, accumulation or dampness in the basement or crawlspace. As a further explanation, the Sellers identified that they has some water in the basement following Hurricane Ivan in 2004. At no time did Mim Heisey ever certify, deny or affirm the existence of any water leaks in the basement, nor did she have or indicate that she had any personal knowledge as to the occurrence of any problems with moisture in the basement. 3. Denied. By way of further response, Plaintiffs were provided with a copy of the Seller's Disclosure Statement which clearly indicated the representations set forth in 12 immediately hereinabove. 4. Denied. By way of further response, Plaintiffs were provided with a copy of the Seller's Disclosure Statement which clearly indicated the representations set forth in 12 immediately hereinabove. By way of further response, pursuant to the Standard Agreement for the Sale of Real Estate dated December 2, 2005, more specifically, 126, provides as follows: (a) Buyer understands that any representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seller, Brokers, their • licenses, employees, officers or partners are not 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 that there are no other terms, obligations, covenants, representations, statements or conditions oral or otherwise of any kind whatsoever concerning this sale. Furthermore, this agreement shall 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 unless otherwise stated in this agreement. Buyer acknowledges that Brokers, their licenses, employees, officers or partners have not made an independent examination or determination of the structural soundness of the property, age or condition of the components, environmental conditions, the permitted uses, or conditions existing at the local where the property is situated, nor have they made a mechanical inspection of any of the systems contained therein. (Emphasis by underline added). Respectfully submitted, McKissock & Hoffman, P.C. By: Edwin A.D. Schwaq? quire I.D. No.: 75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Dated: o z p>, Y 7 Attorneys for Defendant, Hale Real Estate r VERIFICATION I, Ken Hale, hereby verify that the statements in DEFENDANT HALE REAL ESTATE'S RESPONSE TO PLAINTIFFS' REQUEST FOR ADMISSIONS are true and correct to the best of my information, knowledge and belief. I understand that the statements are made subject to the penalties of PA.C.S. Suction 4904, relating to the unsworn falsification to authorities. / Kbn Hale on behalr" l Hale Real Estate Dated CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing DEFENDANT HALE REAL ESTATE'S RESPONSE TO PLAINTIFFS' REQUEST FOR ADMISSIONS upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: James M. Robinson, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (Counsel for Plaintiffs) Douglas G. Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 (Counsel for Defendants, Mark E. Worden and Diana L. Worden) James L. Goldsmith, Esquire Caldwell & Kerns 3631 North Front Street Harrisburg, PA 17110 (Counsel for Defendant RE/MAX Homefinders) McKissock & Hoffman, P.C. By: Edwin A.D. Schwart uire I.D. No.: 75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Dated: a -7 Attorneys for Defendant, Hale Real Estate t, KEVIN J. KEEN and LINDSAY E. KEEN, Plaintiffs, V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA MARK E. WORDEN and DIANA L. WORDEN, RE/MAX HOMEFINDERS, INC., and HALE REAL ESTATE, Defendants. No. 2006 - 4935 CIVIL TERM JURY TRIAL DEMANDED RESPONSES OF DEFENDANTS MARK E. WORDEN and DIANA L. WORDEN TO PLAINTIFFS' REQUESTS FOR ADMISSIONS TO: Kevin J. Keen and Lindsay E. Keen c/o James M. Robinson, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 PLEASE TAKE NOTICE that pursuant to Pa.R.Civ.P. Rule 4014(b), Defendants Mark E. Worden and Diana L. Worden, by and through their legal counsel, respond to the Plaintiffs' Requests for Admissions by serving the following Responses: 1. Answer is denied as stated. Plaintiffs' Request for Admission No. 1 incorrectly implies that responding Defendants had personal knowledge of the nature and extent of water leakage in the basement prior to their purchase of the subject property. Responding Defendants did not have direct knowledge of the nature or extent of water leakage in the basement prior to their purchase of the property. Furthermore, responding Defendants did accurately disclose in their Seller's Property Disclosure Statement that they had a running sump pump in the basement, were aware of water leakage, accumulation or dampness in the basement, did not know of any other repairs to control the water or dampness problem, and did also have water in the basement during Hurricane Ivan in 2004. 2. Answer is denied. To the contrary, there were never any negotiations by responding Defendants to reduce their purchase price of the subject property by reason of any basement water leakage. 3. Answer is denied as stated. Plaintiffs' Request for Admission No. 3 incorrectly implies that responding Defendants failed to disclose water problems in the basement and had significant water problems that were neglected. To the contrary, responding Defendants ensured during their ownership of the property that the basement had a running sump pump and dehumidifier system which were present and operational during all visits to and inspections of the property by Plaintiffs and their agents or representatives. Furthermore, responding Defendants did accurately disclose in their Seller's Property Disclosure Statement that they had a running sump pump in the basement, were aware of water leakage, accumulation or dampness in the basement, did not know of any other repairs to control the water or dampness problem, and did also have water in the basement during Hurricane Ivan in 2004. 4. Answer is denied as stated. Plaintiffs' Request for Admission No. 4 incorrectly implies that responding Defendants failed to disclose water problems in the basement and had significant water problems that were neglected. To the contrary, responding Defendants ensured during their ownership of the property that the basement had a running sump pump and dehumidifier system which were present and operational during all visits to and inspections of the property by Plaintiffs and their agents or representatives. Furthermore, responding Defendants did accurately disclose in their Seller's Property Disclosure Statement that they had a running sump pump in the basement, were aware of water leakage, accumulation or dampness in the basement, did not know of any other repairs to control the water or dampness problem, and did also have water in the basement during Hurricane Ivan in 2004. 5. Answer is denied. By way of further answer, responding Defendants did accurately disclose in their Seller's Property Disclosure Statement that they had a running sump pump in the basement, were aware of water leakage, accumulation or dampness in the basement, did not know of any other repairs to control the water or dampness problem, and did also have water in the basement during Hurricane Ivan in 2004. Furthermore, responding Defendants ensured that the 2 basement had a running sump pump and dehumidifier system which were present and operational during all visits to and inspections of the property by Plaintiffs and their agents or representatives. Respectfully submitted, IRWIN & MCKNIGHT Date: May 17, 2007 ?? A zh4l Do as er, Esq ire Supreme Court ID No. 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Defendants Mark E. Worden and Diana L. Worden VERIFICATION The foregoing Petition on behalf of Mark Worden and Diana Worden, Defendants is based upon information which has been gathered by counsel for the Defendants in the preparation of this document. The statements made in this document are true and correct to the best of the counsel's knowledge, information and belief. The Defendants' verification cannot be obtained within the time allowed for filing the pleading. The undersigned is therefore verifying on behalf of the Defendants according to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ?4?,z v 4, ?,., ap Douglas Miller, Esqui e Date: May 17, 2007 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: James M. Robinson, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (Attorney for Plaintiffs) James L. Goldsmith, Esquire Caldwell & Kerns 3631 North Front Street Harrisburg, PA 17110 (Attorney for Defendant Re/Max Homefinders, Inc.) Edwin A. D. Schwartz, Esquire McKissock & Hoffman, P.C. 2040 Linglestown Road, Suite 302 Harrisburg, PA 17110 (Attorney for Defendant Hale Real Estate) Date: May 17, 2007 IRWIN & McKNIGHT Douglas . Miller, Esquire Supreme lourt I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendants Mark E. Worden and Diana L. Worden ni ?' '??a ..-a: t ??? '.? .., Y`r ??? ?,.. s_ ...? ~? ?i--. 1?? ?.. James L. Goldsmith, Esquire Attorney I.D. No. 27115 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Counsel for Re/MAX Homefinders KEVIN J. KEEN, and LINDSAY E. KEEN, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4935 vs. MARK E. WORDEN and DIANA L. WORDEN, RE/MAX HOMEFINDERS and HALE REAL ESTATE CIVIL TERM Defendants ASNWERS OF DEFENDANT RE/MAX HOMEFINDERS, INC. TO PLAINTIFFS' REQUEST FOR ADMISSIONS 1. Michele Kane (hereinafter "Kane", Defendant Re/Max's agent, advised the Plaintiffs not to require a home inspection prior to purchasing the property at 110 Big Pond Road, Southampton Township, Cumberland County, Pennsylvania (hereinafter "the property") Answer: Denied. Kane specifically discussed with Plaintiffs the benefit of a home inspection. The benefits of a home inspection were initially discussed weeks before Plaintiffs signed their offer to purchase the subject property. On one occasion Plaintiff Kevin Keen wrote to Kane about how the agent he worked with previously "suggests home inspections and the whole 9 yards." Kevin Keen further questioned whether a home inspection could be factored in the purchase price. Additionally, Kane communicated to Plaintiffs, several days before they signed the subject Agreement of Sale, that she had been thinking about a home inspection which was "exactly the remedy" and that she knew a reliable inspector. The subject of a home inspection was broached in with connection the subject property and another property that the Plaintiffs were considering in acquiring. Further, the Agreement of Sale executed by Plaintiffs was initialed on each page, including the page where a property inspection was waived by Plaintiffs, including a page with a notice entitled "For Your Protection: Get a Home Inspection" and "Why a Buyer Needs a Home Inspection." The decision to forego the home inspection was entirely that of the Plaintiffs and no one else. 2. Kane obtained a Seller's Property Disclosure Statement from co-Defendants, Mark and Diane Worden, or their agent. Answer: Admitted in part. Copies of the Seller's Property Disclosure Statement were available at the subject property, on the dining room table. 3. Kane did not provide to Plaintiffs the Seller's Property Disclosure Statement before they purchased the property. Answer: Denied. Plaintiffs did obtain a copy of the Seller's Property Disclosure Statement at the subject property and reviewed it. There followed a discussion, in the basement of the property with the listing salesperson, regarding the listing salesperson's first-hand knowledge of the water infiltration which was to the effect that she had never seen water on the two occasions she had been in the basement. -2- 4. Kane did not inform Plaintiffs of the contents of the Seller's Property Disclosure Statement before they purchased the property. Answer: Denied. See the aforesaid Answer which is incorporated herein by reference. Further, Plaintiffs were aware from having reviewed the Disclosure Statement as to past water infiltration. They were also present in the basement when the listing salesperson discussed infiltration and advised that she had not seen the water infiltration on her two visits. 5. Kane did not arrange a walk-through of the property for Plaintiffs before they purchased the property. Answer: Denied. Plaintiffs went through the property before having purchased it, as was arranged by Kane. To the extent that Plaintiffs did not have a further walk- through of the property immediately before settlement is a direct result of their own decision not to do so. Plaintiffs decided not to inspect the property immediately before settlement as the Sellers were remaining in possession and their personal belongings were to remain in the property. 6. Kane did not inform Plaintiffs that such a walk-through of the property is standard procedure in purchasing real estate through the brokerage. Answer: Denied. Kane did discuss with the Plaintiffs their right to personally investigate the property and they did so. Further, Kane explained the right to conduct a further walk-through, as was provided in the Agreement of Sale, though Plaintiffs declined to do same because, as expressed by Mr. Keen, there was no point since the Sellers were retaining possession following settlement. Further, the Agreement of Sale -3- makes clear that Plaintiffs had the right to have a walk-through and personal inspection of the property which was discussed by Ms. Kane. Respectfully submitted: Date:' L James . Gold it Esquire CAL ELL & K / 3631 North Front Street Harrisburg, PA 17110 717-232-7661 -4- VERIFICATION I, Thomas S. Mitros, Broker/Owner of RE/MAX Homefinders verify that the averments in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. Date: Thomas S. Mitros Broker/Owner of RE/MAX Homefinders. -5- CERTIFICATE OF SERVICE AND NOW, this 2/'O-day of , 2007, 1 hereby certify that I have served a copy of the within doc ent on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: James M. Robinson, Esquire TURO LAW OFFICES 28 South Pitt Street Carlisle, PA 17103 Attorneys for Plaintiffs Kevin J. Keen and Lindsay E. Keen Douglas G. Miller, Esq. IRWIN & MCKNIGHT 60 West Pomfret Street Carlisle, PA 17013 Attorneys for Defendants Mark E. Worden and Diana L. Worden Edwin A.D. Schwartz, Esquire MCKISSOCK & HOFFMAN, P.C. 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 Attorneys for Defendants Hale Real Estate CALDWELL & KEARNS By 06328-005/117190 -6- r..a ?-- ?? ` ? "!1 . a ? - --; _ ? }' - w - , ^ i '?? _ ^r (?7"1, ?+ ? ? 1 ? i { `t t+.? -? ,• / `' ?D KEVIN J. KEEN and LINDSAY E KEEN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-4935 MARK E. WORDEN and DIANA L. WORDEN, RE/MAX HOMEFINDERS, INC. and HALE REAL ESTATE Defendants PRAECIPE TO THE PROTHONOTARY: CIVIL TERM Please settle, withdraw and discontinue the above-captioned matter on behalf of the Plaintiff. Respectfully Submitted TURO LAW OFFICES Alqja Date a es M. R bins n, Esquire South Pi Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff c ^? C : 3y !