HomeMy WebLinkAbout03-26-07
IN RE:
ESTA TE OF JOSEPH A. BRITT
Late of New Cumberland
Cumberland County, Pennsylvania,
Deceased
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
ORPHANS' COURT DIVISION
No. 21-2006-00536
MARY BRITT ENGLAND,
Petitioner
PETITION FOR LEAVE TO SELL REAL PROPERTY TO THE CO-ADMINISTRATRIX
UNDER SECTION 3356 OF THE PROBATE, ESTATES AND FIDUCIARIES CODE
The Petition of Mary Britt England, Co-Administrator of the Estate of Joseph A. Britt
pursuant to 20 P.S.C.A. ~3356 respectfully represents that:
1. The Decedent, Joseph A. Britt died on May 17, 2006. The decedent had no Will.
2. Letters of Administration were issued to Mary Britt England, Susan M. Britt and Joann
Britt Decker by the Register of Wills of Cumberland County on June 16, 2006. The names and
parties interested in the Decedent's Estate are: Mary Britt England, Susan M. Britt and
Joann Britt Decker, daughters of the Decedent.
3. At the time of death, Decedent held fee simple title to real estate situate in the
Borough of New Cumberland, Cumberland County, Pennsylvania municipally known as No. 22
Wayne Avenue, Borough of New Cumberland, Cumberland County, Pennsylvania,
improl\d thereon with a one story dwelling, described in accordance with Exhibit "A" attached
hereto.
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4. Petitioner obtained an appraisal of the value of the real estate by R~-rpprai~~rs &-.
Analysts by Karen Darney, PA State Certified General Real Estate Appraiser,whi~fi:vaILies the
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property at $92,000.00, a copy of which appraisal is attached hereto as Exhibit "Bii? / ~ .
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5. Mary Britt England, Petitioner desires to purchase the real estate for the sum of
Sixty-Eight Thousand ($68,000.00) Dollars. Which said value has been agreed upon by all
parties in interest and have executed a Family Agreement, which is attached as Exhibit "C"
6. The other parties in interest other than your Petitioner, Susan M. Britt and Joann Britt
Decker have executed the Consent and Joinder, which is attached as Exhibit "D".
WHEREFORE, your Petitioner prays your Honorable Court under Section 3356 of the
Probate, Estates and Fiduciaries Code to authorize your Petitioner as Co-Administrator of the
above-captioned Estate to convey the premises described in Exhibit "A" to Mary Britt England
upon payment to the Estate of the sum of Sixty-Eight Thousand ($68,000.00) Dollars.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
BY:~
~ Ralph H. Wr" t, Jr. '
I. D. No. 56113
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
Attorneys for Petitioner
l\<i~3~ e....
Tax Map #25-25-0006-477
PA WARRANTV DEED
<litis IDeeo, made Ihe
9th
day of December, 2004
'ildfueen
JOANN BRITT now known as JOANN DECKER and MATTHEW J. DECKER, wife
and husband
herein designaled as Ihe Granlor(s).
1\n~
JOSEPH A. BRITT, single man
herein designaled as Ihe Grantee(s);
llllitnt&&d~, ThaI in consideralion of
EIGHT EIGHT THOUSAND AND XX/100 ---- ( $88,000.00
Dollars,
in hand paid. the receipl whereof is hereby acknowledged. the said granlor(s) do(es) hereby grant and convey 10 the
said granlee( s),
PUl THAT CERTAIN lot or piece of land situate in the Borough of New
Cumberland, County of Cumberland and Commonwealth of Pennsylvania,
more particularly bounded and described as follows, to wit:
BEGINNING at a point on the western side of Wayne Avenue at the
dividing line between Lots 2 and 3, section "H" of the hereinafter
mentioned Plan of Lots; ,thence in a southerly direction along Wayne
Avenue, 50 feet to a point at Lot No.4; thence in a westerly
direction along Lot No.4, 108.2 feet, more or less, to a point;
thence in a northeasterly direction, 50 feet to Lot No.2; thence
in an easterly direction along Lot No.2, 108.2 feet, more or less,
to Wayne Avenue, the point and Place of BEGINNING.
BEING Lot No.3, section "H", Plan No.5, Rosemont Addition.
BEING THE SAME PREMISES which Matthew Clark Hearn, single man,
conveyed unto Joann Britt, single woman by deed dated November 26,
1997 and recorded December 1, 1997 in the Recorder's Office in and
for Cumberland County, Pa. in Record Book 168, Page 824.
THIS IS A CONVEYANCE BETWEEN PARENT AND CHILD AND THEREFORE EXEMPT
FROM TRANSFER TAX.
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i\n~ the said grantor(s), do(es) hereby fDltrrltnt specially the property hereby
conveyed,
In 1llhtnelli6 lI~ereof. said gr~ntor(s) ha ve hereunto set their hand and seales) the day and
year first above wrillen.
~i{lltt~. ~ealeIl !nIl lleli1:rereIl
In j~e freaeme of
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JO~~knOwn as
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J~ DECKER
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ClIommonfuenlt4 of 'ennsylitnnin, ClIouniy of Cun\ Va:"\ ~-l'CA }ss:
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,before me Ll.::.{\(],e
On this, the 9th day of December I 2004
the undersigned officer, personally appeared
JOANN BRITT now known as JOANN DECKER and MATTHEW J. DECKER, wife
and husband
known to me (or satisfactorily proven) to be the person( s) whose name( s) are subscribed to the within
instrument, and acknowledged that t he y executed the same for the purpose therein contained.
In 1IIIhtne66 lI~ereof. I have hereunto set my hand and notarial seal.
MY COMMISSION EXPIRES:
Notarial SeoI
Bonnie Jo Deitch. NOCOIy Public
Hampden Twp.. CambcrlllJld Coanly
My Commiuion Expires Sept. 25. 2005
Uelmer, f'llnnsyIvanIBAssocIalIooolNolaries
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J lIereb\l ct!erlif\l. that the precise address of the grantee(s) herein is
. be recOrc\cd
certifY' thlS to 'y p!\
n Cumberland Count ".' :
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APPRAISAL OF REAL PROPERTY
LOCATED AT:
22 Wayne Avenue
Borough of New Cumberland, Cumberland County
New Cumberland, PA 17070
FOR:
ESTATE OF JOSEPH A. BRITT
Johnson, Duffle, Stewarl & Weidner, P .C.
301 Markel Street, PO Box 109
Lemoyne, PA 17043-0109
AS OF:
May 17, 2006**"
Karen Damay, PA State Cerlified General Real Estate Appraiser
BY:
RSR Appraisers & Analysts
3 Lemoyne Drive, sune 100
Lemoyne, PA 17043
Form GA2 - "TOTAL for Windows" appraisal software by a la mode, inc. -1-800-ALAMODE
LG. Connor Real Estate Appraisers
Irllt: NU. VO-I '"'0 I
Rle No. 06-136
July 17, 2006
Johnson, Duffie, Stewart 7 Weidner, P.C.
ATTN: Dana Wieseman, Paralegal
301 Market Street, PO Box 109
Lemoyne, PA 17043-0109
RE: Estate of Joseph A. Britt
22 Wayne Avenue, New Cumberland, PA 17070
Dear Dana:
Pursuant to your request, I have prepared a Complete Appraisal,
Summary Report for the property captioned in the "Summary of Salient
Features" which follows.
The accompanying report is based on a site inspection of
improvements, investigation of the subject neighborhood area of influence,
and review of sales, cost and income data for similar properties.
This appraisal has been made with particular attention paid to the
applicable value influencing economic conditions and has been processed
in accordance with nationally recognized appraisal guidelines.
The value conclusions stated herein are as of the date as stated in the
body of the appraisal and contingent upon the certifications and limiting
conditions attached.
Please do not hesitate to contact me if I can be of additional service to
you.
Respectfully,
," /. .
~~/
Karen Damey
Pennsylvania State Certified General Re I Estate Appraiser
FoIm OCVR - 'TOTAL for Windows" appraisal software by a la mode, inc. - 1-BOO-ALAMOOE
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SUMMARY OF SALIENT FEATURES
Subject Address 22 Wayne Avenue
Legal DescJ1p11on Deed Book 266, Page 3323
City New Cumberland
County Cumberland
SlaIe PA
Zip Code 17070
Census Tract 25420-0108.00
Map Reference ACC 3119 B5
Sale PIIce $ NA
Dale of Sale NA
Borrower I Client NA
Lender Johnson,Duffie,stewarl&Weldner, P.C.
Size (Square Feet) 672
PIIce per Square Foot $
Location Average
Age 62 years
Condition Average
Total Rooms 4
Bedrooms 2
Baths 1
Appraiser Karen Damay, Certified General Real Estate Appraiser
Dale of Appraised Value May 17, 2006- (Retrospecllive Markel Value as of the Dete of Death)
RnaI Estimale of Value $ 92,000
Form SSO - "TOTAL for Windows" appraisal software by a fa mode, inc. -1-800-ALAMOOE
Lli. ~onnor Heal!:state Apprillsers
1~lle NO. Uti- 1 Jti I
Britt Estate
""" IIMcrinUon fileNo. 0fi.136 ,
Prooertv Address 22 Wayne Avenue Cm. New Cumberland StatePA Zip Code 17070
I oIIlII Descrintion Deed Book 266 Paae 3323 Counlv Cumberiand
Assessors Parcel No. 25-25-0006-477 Tax Vear 05-06 R.E. Taxes $ 1.239.34 Sneclal Assess...nts l 0
-er NA Current Owner Joseilh A. Britt Estate Occunant: r l Owner II Tenant \Y1 Vacant
'sed f'XI Fee Slmnle r 1 Leasehold ProleclTvne IH 1 PUD I Condomintum iHUDNA onlYl HDA ~ NA IMo.
Neiahborhood or Pro'ect Narne Rosemont Addition 1/ New Cumberland BolO f e ADC 3119 85 CI!llSUS Tract 25420-0108.00
Sale Price ~ NA Date of Sale NA Des o! oncesslnns to be .aId IN Sl!tIer NA
LenderICUent Johnson Du1f1e Stewart&Weidner P.C. Address 301 Market Street PO Box 109 Lemovne PA 17043-0109
-ser Karen Damev. Cert Gen'l R E ADDralser Address 3 LemDvr e Drive Suite 100 Lemoyne PA 17043
Location b:! Urban ~ SUbUlban b:! RurnJ Predominanl p~r~olami~ ~~~ ","sontland use % Land use chango
BuIll up I2SI Over 75% 025-75% 0 Under 25% occuponcy $(000) (yrs) Onefarnlly~ t8J Not Ukely OUkely
Growth rate o Rapid t8J stable o Slow t8J Owner ~Low~ 2-4family ~ o In process
Property values t8J Increasing o Stable o Declintng o Tenant 300+ Hioh 100+ Multi-Iamily -L To:
Demand/supply R Shortage . ~ In balance R ~ver supply ~ ~acant (0-5%) ,',' ,1 Predominant I , ,:, Commercial 5
MarkeDnn tirne Under 3 mos. 3-6 mos. Over 6 mos. V"'/over 5"" 120-130 60-70
_ate: R.ce .nd tile r.cla' ctllllpMltlon at tile nelghborhoed .ro nat .ppr.Io.1 f.clo....
Neighborhood boundaries and characterlstics: The nelohborhood boundaries are Indicated on the enclosed nelDhborhood maD In the addenda of
this reoort. Immediate nelahborhood Is residential In nature. Located In far southwestern comer of the borouah.
faclln that affeclthe markotablHty 01 the properties In the neighborhood (proxlmUy to employment and amenlUes, employment stability, appeal to markel, etc.):
Schools shoDDlnn emnloyment recreation and houses of wershln are all within walkina or a 15-30 minute drlvina time of the sublect
I Dronertv. Averaoe DroDerlv maintenance Droarams were observed. EmDlovment stability Is aood due to the state CaDltal in Hantsburn the
Anmv SUDolv DeDo! In New Cumberland and the Naval Suoolv Deoo! In Mechanlcsbum and the eXDanding west shore area, steady nrlce
Increases and MLS statistics show a aood demand for the area, The borouah Dark is two blocks east of the sub'ect. The CaDital City Aimort
Is within a mile. Industrial bulldlno is to the rear which should no! affect marketability.
Market condltiOlls In the subject neighborhood Qncluding support lor the above conclusions related to the trend 01 property values, demand/supply, and marketing time
_ such as data on competitive properties lor sale In the neighborhood, description 01 the prevalence of sales and financing concessions, etc.):
Counlv tax records and MLS. stallstics show orlces to be stable. The MLS shows that the tvolcal marketing lime for the area Is 3-6 months.
Mortoaoe funds are readllv available with conventional loans belna 6.5% to 7.5% Interest, fixed 30 year 95% mortoaae wilh UD to three
Dolnts. Sellers are no! renulred to offer sales or flnanclnn concessions but seller assistance Is cecurrlnn. There Is a demand for oroDertles In
this price ranoe.
Projecllnform8llon foI' PUDI (11 applicable) - - Is the developerlbuilder in control olllle Home OwnelS' Association (HOA)? Dves [J No
Approximate total number 01 units In the subject project Approximaltl tolal number of un~s for sale in the subject project
Describe common elements and recreational facilities:
DImensions 50' x 108.2' Topography SlIoht incline to rear
Site area 5,410 sf or 0.12 ecre ComerLoI 0 Ves t8J No Size Averaae for area
Specific zoning classification and description R-1 Residential Shape Rectanaular
Zoning compliance t8J Legal J;J Legal nonconforming (Grandfathered use) o Illegal o No 10Iring Drainage ADDears Adenuate
H1nhP-" & best "se as Irmr....d: pll!sent use h Other use (..nlain' View Averaae Street
UUlitiel NJlic Other OII-llIe Improvements Type Public Private Landscaping Averaae for area
Electricity t8J Street Macadam ~ 0 Driveway Surlace Concrete brick
Gas t8J CUIb/guller Concrete t8J 0 Apparent easements standard utility easements
Water t8J Sidewalk Concrete t8J 0 FEMA Special Aood Hazard Area OVes t8J No
Sanitary sewer ~ Street lights AdeQuate t8J 0 FEMA Zone C Map Date 2-16-77
Storm sewer All"" None rl D- FEMA Man No 420366oo01B
Comments (apparent adverse easements, encroachments, special assessments, slide areas, illegal or legal nonconforming zoning use, etc.): Standard
. easements for electric telenhOne etc. There were no known or aDDarent adverse easements encroachments or conditions that would
neoatlvelv ImDact on the value of the subiect DIODertli.
GENERAL DESCRIPTION EXTERIOR OESCRIPTION FOUNDATION BASEMENT INSULATION
No. of Units 1 FoundatiOll Concrete Block Slab NA Area Sq. Ft. 672 Roof _0
No. of Stories 1 Exterior Walls Aluminum CrawlSpace ~_ jI, Anlshed 0 Ceiling _ 0
Type (Det/AIt.) Detached Roof Surtace Asoh.Shlnole Basement .E!!!L-_ Ceiling Unfinished Walls _ 0
Design (Style) Ranch Gullers & Dwnspts. Alum/Alum Sump Pump None Walls Unfinished Aoor _ 0
ExIsUnwProposed Exlstino Window Type Wd Dble Huna Dampness None noted Aoor Cement None _ 0
Age (VlS.) 62 Stonn/Screens PartlY es Settlement Due To Ag~ Outside EntJy Yes UnknllW!L-- t8J
EffeoUve A 1Yrs.1 45 Manufactured Hoose No Intestallon NDne noted
ROOMS Fnller INk", DInino Kltchen Den ""'""Rm. Rec. Rm. Bedrooms #Baths LaundN Other Area Sn. Ft.
Basement 672
Level 1 1 1 2 1 672
Level 2 ,
Rntshed area above ""'de contains: 4 Rooms' 2 8edrooffifs,. 1 Bath S' 672 !;nuare Feet 01 Gross Livinn Area
INTERIOR MaterialsICondition HEATING KITCHEN EOUIP. ArnC AMENITIES CAR STORAGE:
Roors Wood Ceramic/Ava Type FWA Refrigerator 0 NOlle [J Rreplace(s) # _ 0 None t8J
Walls Plaster/Ava Fuel Gas Range!Oven ~ StailS [] Pallo Rear ~ Garage # 01 calS
TrilT\lFinlsh WoodtPainted/Ava Condition AveraQe Disposal 0 Drop Stair 0 Deck __ 0 Attached
Bath Roor Vlnvl/Avo COOUNG None Dishwasher 0 ScutUe ~ Porch 0 Detached
Bath Wainscot I"lberalass/Avo Central None Fan/Hood ~ Roor [J Fence __ 0 Buill-In
DOOlS Wood/Avn Other None Microwave R Heated R Pool . 0 Carport
Condition NA Washerlflrver Rnlshed Shed 10x7.S-Fi DrIvew:IV 2 car
Add1tlonal features (special energy efflclentllems, etc.): Ceillna fannloht fixtures In each bedroom' Iiahted closests' ceramic lIIe floor and recessed
liahtlno in kllchen' Humidifier on fumace.
Condlllon of the Improvements, depreclatiOll (phySical,luncUonal, and external), repallS needed, quality of construction, remodellngtaddiUons, etc.: The home Is
In averaae condition. There were no aDDarent functlonallnedeouacles. The construction nualltv Is !vDical for the aree. The esllmated
effective aae Is below the actual aoe due to maintenance condlllon and comDarlson to comDellng neighborhoods. Physical deoreclallon Is
attributed to .aoe and deferred malntenence. Unless otherwise stated no Items were observed that would reaulre (See Addendun1\ -
AdvelSe environmental conditions (such as, but not limited to, hazardous wastes, toxic substances, etc.) presenlln the improvements, on the site, or In the
Immediate vicinity 01 the subject property.: The property Is of an age where lead based paint may be Dresent. The markel does not Danallze the
property, but the client should lie advised of lis oossible existence. It is assumed that It is not Dresent. If the client has a ISee Addendum)
UNIFORM RESIDENTIAL APPRAISAL REPORT
Freddie Mac Form 70 6/93
PAGE 1 OF2
Form UA2 - "TOTAL for Windows' appraisal software by a la mode, inc. - 1.8Q0.ALAMDDE
Fannie Mae Form 1004 6/93
IFlle No. 06-1361
UNIFORM RESIDENTIAL APPRAISAL REPORT
MARKET DATA ANALYSIS
lliese recent sales of =s are most similar and =mate to SU!c1 and have be~n considered in ~~E'~!~=ptjon includes a dollar adjusbnent reflecting
Jl1aI1(et reaction to lhose of slgnlficant variation een the sub eet and cOl1lllarable p~es. "a aialJle ~roperty Is slJPeJtor to or more
favot1lble than, the sublec! propet1Y, a'mlnus (-) adjusbnentls made, us redUcing the Indicated value of In e comparable is lnIe~or to, or less
favorable than, lhe subJeCt propertY, a plus (+) adjusbnenl is made, thus Increasing the Indicated value 01 e so cl
ITEM I SUBJECT COMPARABlE NO. 4 COMPARABlE NO. 5 COMPAAAIIlE NO. 6
22 Wayne Avenue 410 Hillside Rd.
Address New Cumberland PA New Cumberland PA
Proxlmllv to Suble'" 'WWf~:'}"'{}:VL :.:'\;': \.:/~:'. .;'~'.;,
Sales Price $ NA 117600 ~, , . 1$ '/'c, I.
Pric.lflross Uvlnn Area S <P :s 150.13<P <PI ':',:,:\, <P I.':.':":.'.:,:
Data and/or Inspection MLS; Agent; Ext. Inspection
VeJtflcation SOIKCes Executrix Courthouse Records
VALUE AD.l.ISTMENTS --' +/-\$ ArIlust. OESCRIPTION : +(-)$ Adlosl, DESCRIPTION : +(-liAdiusl,
Sales or Rnanclng , 'Conventional:
Concessions None :
Date of SaI.mme " ,it: 11-21-0550DOM : : :
Location Averaoe Averane : : :
Leasehnldn:.e Simnle Fee SlmDle Fee Slmole : :
Site 0.12 aClli 0.14 acre : : :
VIeW Averaoe Street Averane Street : : :
Desinn and Anneal Ranch Ranch : : :
OuaIitv of Construction AveraoelAlum. AveranelBrlck : : :
ArlO 62 vears 56 years : : :
Condltion Averaoe SUDeriOr : -10000 : :
Above Grade TotI! : Bdnns: Baths Total : Bdrms: Baths : Total : Bdrms: Baths: Total : Bdrms: Baths :
Room Count 4 2 1 4 2 1 : :
Gross UYinn Area 672 Sn. Ft 750 Sn. Ft : 0 ~.Fl : 0 Sn. Fl : 0
Basement & Anlshed Full basement Full basement
Rooms Below Grade Unfinished Unfinished
ftJ1ctional uiJii; Averaoe Averane : : :
He2flnn/f'.nollnn FWA I None FWA I Cent. Air : -3000 : :
Enemv Efficient Items Averane Averaoe : : :
G...np/C"",ort Off Street Pko On Street Pkn. : : :
Porch, Patio, Deck, Porch, Patio Porch
Rrenlace/sl etc. None Gas FP xl -1500
Fence Pool etc, Shed Aooliances : : :
~ : : :
Net Adl. notall _f)(1-Tt 14500 Il + fl -:s + fl :$
Adjusted Sales Price ;:'M;~,:~I ,niN~ ~I$ ~r~~,(i;~lt
of Conmarable ) "f,,'" t~.9~ 98100 ' Gross
Date, PJtce and Data NA 7-1-04
Source for prior sales NA $95,900
wlthfn Year of onnralsal Crthse Records Courthouse Records
Comments:
Market Data Analysis 6-93
Form UA2,(AC) - "TOTAL for Windows' appraisal software by a la mOlle, inc. -1-600-ALAMODE
Supplemental Addendum
III1C l'fU. UU-IJUl
Rle No. 06-136
stale PA
Code 17070
. URAR: Condition of the Imorovements Cont'd:
immediate repair. Front porch concrete crackedlbreaking up and in need of repair/replacement. All exterior wood
trim and windows need scrapped and painted. Rear roof vent in process of repairing flashing. It is assumed for
appraisal purposes that this is completed and that there are no roof leaking. Bathroom sink worn and needs
replaced. Kitchen cabinet doors missing from base cabinet and need replaced. Executrix stated basement
occassionally gets a little water seepage. Your appraiser is not an expert in this area. It is assumed for appraisal
purposes that no adverse conditions exist in the basement. If you have a concern, I recommend you contact an
appropriate professional. Limited closet space, which is typical of homes of this age and size. No functional or
economic obsolescence was observed. '
. URAR: Adverse Environmental Conditions Cont'd:
concern, then a qualified expert in this area should be contacted. There are no known or apparent adverse
environmental conditions that would negatively impact on the sale of the property.
Definition of Market Value:
The definition of Market Value is from regulations published by federal regulatory agencies pursuant to Title XI of
the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) of 1989 between July 5, 1990, and
August 24, 1990, by the Federal Reserve System (FRS), National Credit Union Administration (NCUA), Federal
Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision (OTS), and the Office of Comptroller of the
Currency (OCC). This definition is also referenced in regulations jointly published by the OCC, OTS, FRS, and
FDIC on June 7, 1994, and in the Interagency Appraisal and Evaluation Guidelines, dated October 27, 1994.
Scooe of Work:
Observation of the exterior and walk through observation of the interior of the property. Measuring the exterior of
the dwelling. Walk through observation did not include inspection of the attic or crawl space areas. These areas are
assumed in good condition with no adverse conditions present. If you have a concern, contact an appropriate
professional for an inspection. No mechanical systems were inspected and no appliances were tested. Review of
the REDS courthouse data and Central Penn Multi-List, Inc. records. Reviewing the county tax map online
information, county tax map, zoning, and FEMA flood maps. Verifying, if possible, the comparable sales with
broker, agent, seller or buyer. Use of Marshall Valuation Service data for completion of the Cost Approach, if
approach is warranted. Land sale search data obtained from REDS online data service and Central Penn
Multi-List, Inc.
SOBclal Limitina Conditions:
This appraisal is not a home inspection and the appraiser is not acting as a home inspector when preparing the
report. The borrower has the right to have the home inspected by a professional home inspector. When performing
the inspection of this property, the appraiser visually observed areas that were readily accessible. The appraiser is
not required to disturb or move anything that obstructs access or visibility. The inspection is not technically
exhaustive. The inspection does not offer warranties or guarantees of any kind.
The appraiser is not a home or an environmental inspector. The appraiser provides an opinion of value. The
appraisal does not guarantee that the property is free of defects or environmental problems. The appraiser
performs an inspection of visible and accessible areas only. Mold may be present in areas the appraiser cannot
see. A professional home inspection or environmental inspection is recommended.
If the property is sold, this appraisal is subject to satisfactory inspection reports including, but not limited to: wood
infestation, water test(s), radon, building inspections, etc.
. URAR: Suoolemental Certifications
I certify that,
This COMPLETE APPRAlSAL- SUMMARY APPRAISAL REPORT was prepared at the direction of Dana
Wieseman, Estate Administration/Paralegal, Johnson, Duffie, Stewart & Weidner, P.C., (client). The Intended User
of this appraisal report is the Client. the Intended Use is to evaluate the property that is the subject of this report for
estate settlement purposes, subject to the stated Scope of Work, purpose of the appraisal, reporting requirements
of this appraisal form, and Definition of Market Value. Additional Intended Users are identified by the appraiser.
Estimated market value is the most probable price in terms of cash or in terms of financial arrangements equivalent
to cash. The information and opinions contained in this appraisal set forth the appraiser's best judgment in light of
the information available at the time of the preparation of this report. Any use of this appraisal by any other person
or entity, or any reliance or decisions based on this appraisal are at the sole responsibility and at the sole risk of
the third party. I accept no responsibility for damages suffered by any third party, as a result of reliance on or
decisions made or actions taken based on this report.
In my opinion, the reasonable exposure time linked to the value opinion is up to 180 days.
I further certify that, to the best of my knowledge and belief:
_ The statements of fact contained in this report are true and correct.
_ The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting
FOI11l TAOO - "TOTAL for Windows" appraisal software by a la mode. inc. -1.800-ALAMOOE
IFlle No, 06-1361
DEFINITION OF MARKET VALUE: The most 1J"0bable JXice which alJ"opef1y s~d brln~,in a c~titive and open market under all conditions
requisite to a lair sale, the buyer and seller, each acting lJ"UdenUy, knowled~eably illid asSumlrig the JXice Is i10t 'aUected by undue Stimulus. ImplicR in this
defirjtion Is the consummation 01 a sale as 01 a specified dale and the passing 01 title from seller to buyer under conditions wIIereby: (1) buyer and seller are
typically motivated; (2) both parties are well informed or well advised, meach acUng In wIIat he considers his own best Interest (3) a reasonable time Is allowed
lor exposure In the open market (4) payment Is made in tenns 01 cash In U.S. dollars or in terms 01 nnanclal arrangements comparable 1I1ereto; and (5) the price
represents the normal consideration lor 1I1e property sold unaUected by speclal or creative financing or sales concessions' granted by anyone assoclated wRh
the sale.
* Adjustments to the comparables must be made lor special or creative financln~ or saies concessions. No adjustments are necessary
lor those tosts WhIch are" normally pilId by sellers as a result iii .traillUim' at law' Ii1 a milllet area; 1I1ese costs are readily Idehtlfiable
since' ihe,;eller pays these cdSts Ii1 virtually all sales transactions. Specliil or creative financing ildjUstmenis can be made io the
comparable properly by comparisons to financing tenns offered by a third party Institutional lender that Is not already Ii1volved in 1I1e
property or transaction. Any adlUs\ment shoUld not be calculated on a mechanical doII..- for dollar cost 01 the financing or concession
but the doliii' limount 01 any adjUstment' should woxtmate the marKet'S 'reaction to the ftnancllig or concessions based on the
appraIse(s jud~ent
STATEI\IIENT OF LlIVIITING CONOIT~ON~ A,NO APPRAISER'S CERTIFICAtiON
CONTINGENT AND LIMITING CONDITIONS: The appraIse(s certification that appears in the walsal report Is subject to the loIlowln~
condltloos:
1. The awalser will nD\.be responslplefor """,ers 01 a ,legal nalure 1I1ataUect eRher the property being appraised or tile titie to. it The appraiser ass~s that
the title Is fiood and marketable and, 'tileteIore, Will not' render'BIl'j opinions about the title. The lJ"op8I1y Is appraised on the basis 01 R being under responsible
ownership. .",
2. The appraiser has provided a sketch In the appraisal report to show Woxlmate dimensions of the impl1lvernents and the sketch is Included only 10 assist
the reader 01 the report in visualizing ~e property and understanding the appralse(s determination of its size.
3. The appraiser has exainined the available flood maps that iire provided by the Federal Emergency Management Agency (or other dale SOlJ'ces) and has noted
in the appraisal report wIIether the subject site is located In an ldentllled Spectal Aoorl Hazard Area Because the appraiser Is not a sumyor, he or she makes '
no guarantees, expreSS or implied, regarding this det~,rmlmlll(jn.
4. The appraiser will not give testimony or appear in court because he or she made, an appraisal 01 the property In question, unless speclfic anangernents to do
so have been made belorehand.
5. The app(aIser has estimated the value of the land In 1I1e cost appiaach at its highest, and besl use and the Improvements at their contrlbutDl)' value: These
separate ~tiatljji1S 01 1Iie land and Improven1ents ITllSt not be ,used in conjunction wiIh any other Walsal and are invalid ti they are so used.
6. The appraiser has noted in the apIJ"aIsal report any adverse conditions (such as, needed repairs, depreciation, the lJ"esence 01 hazardous wastes, Iox\c
substances, etc.) observed during 1I1e inspection 01 the subject property of that he or she became aware 01 during the normal research involved In pertormlng
the awalsal. Unless otherwlse stated In the appraisal repor\, the appraiser has no. knowledge 01 any hidden or unapparent conditions 01 the, lJ"oper\)' or
adverse environmental conditions Qncluding the presence 01 hazardous wastes, Iox\c substances, etc.) that wood make the property more or less valuable, and
has asslJ'n8d that there are no such conditions and makes no guarantees or wananUes, express or implied, regarding the condition 01 the property. The
appraiser will not be responsible for any such conditions that do exist or lor any engineering or testing that might be reiJlired to discover whether such
conditions exist. Because the appraiser Is not an expert In the field 01 environmental hazards, the appraisal report must not be considered as an
environmental assessment 01 the properly.
7. The appraiser obtaIne~ 1I1e Information, esUmates, and oplnlons that were expressed In the appraisal report from sources 1I1at he or she considers to be
reliable and believes them to be bUe and conect. The appraiser does nol assume responsibility for 1I1e accuracy 01 such items 1I1at were Iumlshed by other
parties.
8. The appraIseri'wllhiot disclose the' dDlitents "01 tti~ ap\iraisal report except as provided for in the Uniform Standards 01 Professiooal Ap(xaIsal PTiICtice.
g. The appialser has based his or her Walsal report and valuation conclusion fQr an appraisal that is subject to satisfactory completion, repairs, or
alterations onlhe assumption that completion 01 the improVenlents will be pertormed In a workmeniike manner.
10. The appraiser must lJ"ovlde his or her JXior written coiJsent before the lender/client specified In the appraisal report can distribute the appraisal report
Qncluding conclusions about the property value, the appraiser's Identity and lJ"o!esslonal designations, and references to any prolesslonal Winsal
organizations or the firm wRh which the appraiser Is assocIated) to anyone other than the bormwnr; the mortgagee Iii its successors and asslgn~;'the mortgail8
Insurer; consultants; lJ"o!esslona1 appraisal organizations; any stale or lederally approved financial inslitutloo; or any department, agency, or instrumentality
01 the UnIted stales or any stale or the DiStrict 01 Columbia; except that the lender/client may dlstribule the property description section 01 the report only to data
collection or reporting semce(s) wRhoul having to obtain the walser's prior written consent. The appraiser's written consent and approval ITlJSI also
be oblalned before the appraIs~ can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media.
Freddie Mac Form 439 6-93
Page I of 2
Fannie Mae Form 1004B 6-93
L.G, Connor Real Estate AppraiSers
Form ACR - 'TOTAL for Windows' appraisal software by a la mode, inc. -1-800-ALAMOOE
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Borrower/Client NA
Prnner1v Address 22 Wayne Avenue
Citv New Cumberland Countv Cumberland Stale PA lio Code 17070
lender Johnson,Duffle stewart&Weidner P.C.
InterFlood~
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Prepared for:
dba Lester G. Connor, MAl
22 Wayne Avenue
New Cumberland, PA 17070
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Tax Map #25-25-0006-477
FA WAlUl.\NI'i'DEED
<Iqis llun. _de/Joe
9th dtzy of December, :z 004
"~tmnn:
JOABN BRITT !lOW known as JOANN DECKER and MAT'l'HliW J. DECKER., wife
and husband
&b
JOSEPH A. BRITT, 'single man
herein desipulled llJ the GrllJUOr(s).
~.,eiII d~.si&1I4/u tu 1M Gra#ll!c(.J;
Blil1n.rlq. l1/G' in CD".idcriJlion of
EIGHT EIGHT THOUSAND AND XX/lOa ---- ( $88,000.00
D,,/lar s.
in Ilan4 paid. the reulpt whereo,' is hereb, IlCtllowlertged. rile said gran/Qris) r1t:.(es) herebJ gralll and '''"VCY 10 the
saM grallteels).
I'
,I
M THA'I" CERTAIN lot or piece of land Bit.uate in the Borough of New
Cumberland, Ccunt-y of (;:umberl-ant! and COlIlII\Onwealth ot penns.ylvania,
more partiC'Jlarly bounded and descrlbedas tallows, to wit.
BEGINNINt3 at a point. on the western side of Wayne A~nue at the
dividing line between Lota 2 and 3, Section "H" of the. hereinafter
mentioned Plan of Lots; .thence in a southerly direction along lQayne
Avenue, 50 feet to a point at Lot No.4; thence in a westerly
direction along Lot Jiio. 4, 108.2 feet, more or leSB, to a point:
thence in a r..ortheasterly direction, 50 feet to Lot No. :2: thence
in an easterly direction along Lot NQ. 2, 108.2 feet, more or less.
to wayne Avenue, t.he point and Place of BEGIllN!lfG.
BEING'~ot No.3, Section -H", Plan No.5, Rosemont Addition.
BEING THE SAME PREMISBS which Matthew Clark Eearn, single man,
conveyed unto .Joann Britt, ..ingle woman by deed dated November 26,
1997 an~ recorded December I, 1997 in the aecorder's Office in and
for Cumberland County,. Pa. in Record Book 168, Page 824.
TH1S IS A CONVEYANCE Brnxl!:N PAREliTl' AND CHILD AND THEREl"ORE EXEMPT
FROM 'l'R..~S:FER TAX. ...... :-
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Building Sketch (Page - 1)
!File No. 06-1361
Borrowertr.lient NA
Pro--;;;rtv Address 22 WaYne Avenue
rJfv New Cumberland Cmmtv Cumberland State PA lln Code 17070
lender Johnson Duffie Stewarl&Weidner P.C.
NOTE: Interior Sketch Not To Scale.
17.00'
i-.-------------------.-- ---- ------
I
~ I Patio
~I
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5
BR
g ~
,.:~ ~
N
BR
28_00'
I Porch i b
I____~._._-_! ~
8.00'
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28.00'
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Comments:
ARI5A.9AI..CQLA TIONS SUMMMv '
c_ o D~.~riptiOn ~et ~. Net Tot...
GLlU. rust F100r 672.00 672 _ 00
pip Porch 24.00
PaUo 204.00 228.00
Net LIVABLE Area ( Rounded) 672
LIVING AREA BREAKDOWN
B'nkdowi'l Subtotlit.
Firat F100r
24.00 x 28.00 672.00
litem ( Rounded) 672
Fonn SKT.BldSkl- 'TOTAL for Windows" appraisal software by a la mode, inc. -1-800-ALAMOOE
Subject Photo Page
1~lIe NO. U~-l:J~ I
BorrowefiCilent NA
Pr;';'."" Address 22 WaYne Avenue
I r:Itv New Cumberland COllnlv Cumberland State PA liD Code 17070
Lender Johnson Duffie Stewart&Weidner P.C.
Subject Front
22 Wayne Avenue
Sales Price NA
Gross UviIlfJ Area 672
Total Rooms 4
Total Bedrooms 2
Total Bathrooms 1
Location Average
View Average Street
SRe 0.12 acre
Quality Average
Age 62
Subject Rear
Subject Street
Form PICPIX.SR - 'TOTAL for Windows' appraisal software by a la mode, inc. -1-800-ALAMODE
Subject Photo Page
Cumbe~and
stale P A
f~:d
.' . i,1
~
III
1~lIe I~O. Ub-l Jb I
Zi Code 17070
Subject Porch
22 Wayne Avenue
Sales Price NA
Gross Uving Area 672
Total Rooms 4
Total Bedrooms 2
Total Bathrooms 1
location Average
View Average Street
Site 0.12 acre
Quality Average
Age 62
Kitchen view
Bathroom view
Form PIC3x5.SR - "TOTAL for Windows' appraisal software by a la mode. inc. -1-800-ALAMODE
Subject Photo Page
I'ile No. U6-' :161
BDITOwer/CUent NA
prme.;;;-Address 22 WaYne Avenue
CHv New Cumbe~and Co"nw Cumbe~and Stale PA liD Code 17070
Lender Johnson,Duffle Stewart&Weidner P.C.
Rear yard view
22 We:yne Avenue
Sales prtce NA
Gross Living Area 672
Total Rooms 4
Total Bedrooms 2
Total Bathrooms 1
Location Average
View Average Street
Site 0.12 acre
Quality Average
Age 62
Form PIC3x5.SR - 'TOTAL for Windows' appraisal software by a la mode, inc. -1-800-ALAMOOE
Comparable Photo Page
IFile No. 06.; 361
Borrower/Client NA
Prooertv Address 22 Wavne Avenue
Citv New Cumberland Countv Cumberland S1ate PA liD Code 17070
Lender Johnson,Duffie Stewart&Weidner P .C.
Comparable 1
822 Rosemont Avenue
Prox. to Subject
Sale Price
Gross Living Area
Total Rooms
Total Bedrooms
Total Bathrooms
Location
View
SIte
Quality
Age
86,500
672
4
2
1
Average
Avg. Street
0.16 acre
Average
61 years
Comparable 2
16 Wayne Avenue
Prox. to Subject
Sale Price
Gross living Area
Total Rooms
Total Bedrooms
Total Bathrooms
Location
View
Stte
Quality
Age
96,300
696
4
2
1
Average
Avg. Street
0.11 acre
Average
66 years
Comparable 3
212 10th Street
Prox. to Subject
Sale Price
Gross Living Area
Total Rooms
Total Bedrooms
Total Bathrooms
Location
View
sne
Quality
Age
Form PICPIXCR - "roTAL for Windows" appraisal software by a la mode, inc. -1-800-ALAMODE
99,900
660
5
2
1.5
Average
Avg. Street
0.09 acre
Average
56 years
Comparable Photo Page
Irlle NO. U~.l:J~ I
BOlTOwerJP.lIent NA
Prllllf!rIv Address 22 Wavne Avenue
Cilv New Cumberland County Cumberland stale PA Zio Code 17070
lender Johnson Duffie Stewart&Weidner P .C.
Comparable 4
410 Hillside Rd.
Prox. to Sublect
Sale Price
Gross living Area
Total Rooms
T olaI Bedrooms
Total Bathrooms
locallon
View
Site
Quality
Age
..
...
.,.....;
. . .;:
Prox. to Subject
Sale Price
Gross living Area
Total Rooms
Total Bedrooms
Total Bathrooms
locallon
View
Site
Quality
Age
Prox. to Subject
Sale Price
Gross living Area
T olal Rooms
T olal Bedrooms
Total Bathrooms
locallon
View
Sne
Quality
Age
Fonn PIC3x5.CR - "TOTAL for Windows" appraisal software by a la mode, inc -1-800-ALAMODE
112,600
750
4
2
1
Average
Average street
0.14 acre
AveragelBrick
56 years
Comparable 5
Comparable 6
OO1891-00002/February 15, 2007IRHW/DLW/284326
FAMIL Y AGREEMENT
THIS FAMIL Y AGREEMENT, is made Ihis,.1()IR day rJ;j~ , . 2007. by and
between MARY BRITT ENGLAND, SUSAN M. BRITT and JO NN BRITT DECKER, individually and as
Co-Administratrices of the Estate of JOSEPH A. BRITT
WIT N E SSE T H:
WHEREAS, Joseph A. Britt (the "Decedent") died on May 17, 2006, without a Will; and
WHEREAS, his daughters, Mary Britt England, Susan M. Britt and Joann Britt Decker were duly
appointed as the Co-Administratrices of the estate by the Register of Wills of Cumberland County,
Pennsylvania on June 16, 2006; and
WHEREAS, all of the above named parties are the intestate heirs of the said Joseph A. Britt,
deceased; and
WHEREAS, Mary Britt England, Susan M. Britt and Joann Britt Decker, parties to this Family
Agreement are the natural children of Joseph A. Britt, deceased; and
WHEREAS, at the time of death, Decedent held fee simple title to a tract of real estate situate in the
Borough of New Cumberland, Cumberland County, Pennsylvania, improved with a one story dwelling
municipally known and numbered as 22 Wayne Avenue (the "Real Estate"); and
WHEREAS, Mary Britt England, desires to purchase the Real Estate; and
WHEREAS, the parties hereto desire by this Family Agreement to fully settle the rights of each of the
parties in the estate of Joseph A. Britt, and by this document do confirm their agreement in writing.
NOW, THEREFORE, in consideration of the mutual promises hereinafter stated, it is agreed as
follows:
1. Recitals. The above stated recitals are incorporated herein by reference and made a part of
this Agreement as if each were set forth in this paragraph.
2. Purchase Price - Decedent's Real Estate. Mary Britt England will pay to the estate the
purchase price for the Real Estate in the amount of Sixty-Eight Thousand ($68,000.00) Dollars. For
purposes of the Pennsylvania Inheritance Tax Return, the value of the Real Estate shall be stated as Ninety-
Two Thousand ($92,000.00) Dollars in accordance with the appraisal. In addition, the Estate shall pay all
Pennsylvania Inheritance Taxes as due and payable with respect to the appraised value ($92,000.00).
3. Appraisal/Decedent's Real Estate. The Appraisal of Real Estate, dated as of May 17, 2006,
pertaining to the Real Estate, prepared by Karen Darney, PA State Certified General Real Estate Appraiser
for RSR Appraisers & Analysts, is attached hereto, marked Exhibit "A" and made part hereof.
~~891-00002lFebruary 15, 2007/RHWIDLWI284326
4. Settlement. Settlement with respect to the Real Estate shall occur within thirty (30) calendar
days after the Estate has received approval from the Court of Common Pleas of Cumberland County for the
sale of such real estate. Settlement shall occur at a time, date and place mutually agreeable to Mary Britt
England, Susan M. Britt and Joann Britt Decker. If an agreement cannot be made as to the time, date and
place of settlement, in that event, settlement shall occur on the thirtieth (30th) calendar day after the date of
this Agreement at 2:00 p.m. (prevailing time) in the office of Johnson, Duffie, Stewart & Weidner, 301 Market
Street, Lemoyne, Pennsylvania. In the event that the thirtieth (30th) calendar day following the date of
execution of this Agreement shall be a Saturday, Sunday or holiday, in that event, settlement shall occur at
the same and time and place on the next following business day. Time shall be deemed of the essence with
respect to settlement.
5.
Real Estate:
Settlement/Deed. The following will be applicable with respect to settlement of Decedenfs
A.
Fiduciary Deed. Mary Britt England. Susan M. Britt and Joann Britt Decker, in their capacity
as Co-Administratrices of the Estate of Joseph A. Britt, shall execute and deliver a fiduciary
deed conveying the Real Estate to Mary for the purchase price of Sixty-Eight Thousand
($68.000.00) Dollars. The form of the fiduciary deed is attached hereto, marked Exhibit "B"
and made part hereof.
B.
Realty Transfer Taxes. If and to the extent that there are any realty transfer taxes assessed
in connection with the conveyance of the property by the Co-Administratrices to Mary B~itt
England, Mary shall pay one-half (1/2) of the applicable realty transfer taxes assessed in.
connection with the conveyance and Estate shall pay one-half (1/2) of the applicable realtY
transfer taxes assessed in connection with the conveyance. It is anticipated that there are no
realty transfer taxes due and payable because Mary Britt England is a sibling of the other
intestate heirs. In the event of an audit or otherwise, if realty transfer taxes are deemed to be
due and payable, then, in that event, the provision of this Paragraph 5-B shall be applicable.
C.
Proration of Real Estate Taxes. County. township and school district real estate taxes shall
be prorated as of the date of settlement based on the calendar or fiscal year of the taxing
authorities.
'.
D.
liAs Is" Condition. The Real Estate, including the residence constructed thereon, are being
conveyed by the Co-Administratrices to Mary Britt England in an "as is" condition without any
representations and warranties except the warranty of title.
E.
Purchase Price. Purchase price is set forth above, Mary Britt England shall pay to the Estate
a purchase price in the amount of Sixty-Eight Thousand ($68,000.00) Dollars.
6. IndelJendent Counsel. This Agreement has been prepared by Johnson, Duffie, Stewart &
Weidner in its capacity as attorney for the Co-Administratrices of the Estate of Joseph A. Britt. '
Accordingly, Johnson, Duffie, Stewart & Weidner does not represent Mary Britt England, Susan M. Britt
and Joann Britt Decker individually or in their capacity as intestate heirs of the Decedent's estate.
Accordingly, Mary Britt England, Susan M. Britt and Joann Britt Decker should, if they so desire, have this'
Agreement reviewed by independent legal counsel to make certain that their respective individual rights as
residuary legatees pursuant to the Decedent's Will are not impaired or prejUdiced.
001,891-00002/February 15. 2007IRHW/DLWI284326
7. Governina Law. This Agreement shall be governed by and construed in accordance with the
laws of the Commonwealth of Pennsylvania.
8. Bindina Effect. This Agreement shall be binding, and shall inure to the benefit of Mary Britt
England, Susan M. Britt and Joann Britt Decker, their respective personal representative in heirs.
9. Pur Dose. Mary Britt England is interested in purchasing the Real Estate and the Co-
Administratrices are willing to sell to sell the Real Estate for a value lower than the appraised value. The
price for which the Real Estate is being sold is the balance due on mortgage which encumbers the Real
Estate. Accordingly, based on the factual background set forth above, it is the intention of Mary Britt
England, Susan M. Britt and Joann Brit Decker, to enter into this Agreement in order to transfer the Real
Estate to Mary Britt England for the net purchase price which reflects the current mortgage balance due to
ABN Amro Mortgage Services Loan No. 0647478759. Mary Britt England, Susan M. Britt and Joann Britt
Decker recognize that the purchase price of Sixty-Eight Thousand Dollars ($68,000.00) for Mary Britt
England's purchase of the Real Estate is significantly less than the value that could be asked for such
property should it be sold publicly.
10. Entire Aareement. This Agreement contains the entire agreement by and between the
parties with respect to the subject matter set forth herein.
IN WITNESS WHEREOF, the parties hereto, individually and, as applicable, in their capacity as Co-
Administratrices of the Estate of Joseph A. Britt, have caused this Family Agreement to be signed and
delivered as of the day and year here first above written.
.f ! ,UiJ Ev\R~d
Mary Bri England,
Individua Iy and as Co-Administrator
~.6Ut-
Susan M. Britt,
Individually and as Co-Administrator
l'\
~~~~ .~A--.
Joa . Bntt Decker,
Individually and as Co-Administrator
CONSENT AND JOINDER
The undersigned, being the only parties in interest other than the Petitioner, of the Estate of
Joseph A. Britt does hereby consent to the sale of 22 Wayne Avenue, New Cumberland,
Pennsylvania, as more fully described in the attached Petition for Leave to Sell Real Estate, for
the sum of $68,000.00, and the undersigned does hereby further join in the Petition of Mary Britt
England for the approval of said sale.
~,W~JJ
JHlQ'C'{Y) ,BJi:
SUSAN M. BRITT
~ ~ Qwh
JOA N BRITT DECKER