HomeMy WebLinkAbout03-26-07 (2)
001891~~.:'J5, 2007IRHWIDLW/284326
FAMIL Y AGREEMENT
THIS FAMIL Y AGREEMENT, is made this~ day oJ){()[CU(./ , 2007, by and
between MARY BRITT ENGLAND, SUSAN M. BRITT and JOANN 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 payatl
Pennsylvania Inheritance Taxes as due and payable with respect to the appraised value ($92,000.00).
3. AlJlJraisal/Decedent's Real Estate. . The Appraisc:iVof Real Estate, dated as of May 17, 2006,
pertaining to the Real Estate, prepared by Karen :lPam~y~PA.State Certified General Real Estate Appraiser
...._-....1 .' ....,,-'
for RSR Appraisers & Analysts, is attached hereto, mCM:~edExbibit "A" and made part hereof.
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001891-.oo.m/Febl'\JS~ 15, 2007/RHW/DLW/284326
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:
A.
Settlement/Deed. The following will be applicable with respect to settlement of Decedenfs
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 Britt
England, Mary shall pay one-half (1/2) of the applicable realty transfer taxes assessed i~
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. "As 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. Independent 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.
001891-OOXt2/Februat~i 15, 2007/RHW/DLW/284326
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. Purpose. 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.
,~
~d
Mary Bri ngland,
Individua Iy and as Co-Administrator
~,~tt-
Susan M. Britt,
Individually and as Co-Administrator
/1
~~~.~~
Joa . Bntt Decker,
Individually and as Co-Administrator
Irlle 1\10. UO- I jO I
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 Market Street, PO Box 109
Lemoyne, PA 17043-0109
AS OF:
May 17, 2006-
BY:
Karen Damey, PA State Cerlified General Real Estate Appraiser
RSR Appraisers & Analysts
3 Lemoyne Drive, Suite 100
Lemoyne, PA 17043
LG. Connor Real Estate Appraiser.!
Fonn GAl - 'TOTAL for Windows" appraisal software by a la mode, inc. -1-800-ALAMOOE
Irlle I'IU. U04 1,,)0 I
File No. 06-136
July 17, 2006
Johnson, Duffie, Stewart 7 Weidner, P.C.
A TIN: 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,
.~ /
~
Pennsylvania State Certified General Re I Estate Appraiser
Fonn oeVR - 'TOTAL for Windows' appraisal soflwln by a la mode, inc. - 1-800-ALAMOOE
II 'Ie; r~v. VV~ I oJV I
SUMMARY OF SALIENT FEATURES
Subject Address 22 Wayne Avenue
Legal Description Deed Book 266, Page 3323
City New Cumberland
COIJ11y Cumberland
SlaIe PA
Zip Code 17070
Census Tract 25420-0108.00
Map Reference ADC3119B5
Sale Price $ NA
Date of Sale NA
Borrower I Client NA
Lender JOhnson,Duffie,stewart&Weidner, P.C.
Size (Square Feet) 672
Price per Square Fool $
Location Average
Age 62 years
Condition Average
Total Rooms 4
Bedrooms 2
Baths 1
Appraiser Karen Damey, Certified General Real Estate Appraiser
Date of Appr.ised Value May 17, 2006- (Retrospectiive Market Value as of the Date of Death)
RnaI Estimate of Value $ 92,000
Fonn SSD- "TOTAL for Windows' appraisal software by a fa mode, inc. -l-800-ALAMODE
Ui. oonnor Heal tstate Appraisers
II-fie NO. U~-lj~1
Britt Estate
rO!M!rtvn-rlltinn UNIFORM RESIDENTIAL APPRAISAL REPORT FileNo, 06-136
Prooertv Address 22 Wavne Avenue Gilv New Cumberland _____ State PA ZIp Gode 17070
Lenal Oesorintion Deed Book 266 Pane 3323 Counlv Cumberland
Assessor's Parcel No. 25-25-0006-477 Tax Vear 05-06 R.E. Taxes $ 1.239.34 Soecial Assessments $ 0
Borrower NA Current Owner Joseoh A. Britt Estate Occunant: n Owner r -1 Tenant rxJ Vacant
Pronertv rinhk .nnraised IX1 Fee Slmnle IlIeaselwld Pmlect Tvne r-1 PUO 11 Condominium IHUDNA onlv\ HOA S NA IMo.
Neiohborhood or Pro'ect Name Rosemont Addition 1/ New Cumberland Boro Man Refer..nr.e ADC 3119 B5 Census Tract 25420-0108.00
Sale Price S NA Oate of Sale NA Oesc~DtIon "'d t ~ount 01...... char~ncesslons to be oaid bv seHer NA
LenderlCnent Johnson Duffle Stewart&Weidner P.C. Address 301 Market Street PO Box 109 Lemovne PA 17043-0109
Moralser Karen Damev. Cert Gen'l R E Aooralser Address 3 Lemovne Drive Suite 100 Lemovne PA 17043
Location b) Urban ~ Suburban b) RUI1lI Predominant p~rrlte family ~~'I? Present land use % Lend use change
BuIlt ~ t8J Over 75% 0 25-75% 0 Under 25% OCCIlpancy $(000) (yrs) One family ~ ~ Not likely 0 Likely
Growth rate 0 Rapid t8J Stable 0 Slow t8J Owner ~ Low ~ 2-4 family ~ 0 In process
Property values t8J Increasing 0 Stable 0 Declining 0 Tenant 300+ Hlnh 100+ Multi-Iamily ~ To:
Demand/supply g Shortage . ~ In balance g Over supply t8J Vacant (0-5%) '( , I Predominant I:. .; COmmercial 5
M:ulrollnn time I I Under 3 mos. IXI 3-R mns. I lOver 6 mos. Fi var..Iover 5%\ 120-130 60-70
Iota: Race and tho raalal a_p..men at lha na'lhborhoad ara not appraleallaaloro_
Neighborhood boundaries and characteristics: The neillhborhood boundaries are indicated on the enclosed neiohborhood maD in the addenda of
this reoort. Immediate nelohborhood Is residential In nature. Located In far southwestern comer of the borouoh.
Factors that aMect the marketability of the proper1les in the neig/ltJorhood (proximity to employment and amenities, employment stability, appeal to market, etc.):
Schools shooolno emolovment recreation and houses of worshlo are all withIn walkina or a 15-30 minute drlvlno time of the sublect
I orooertv. Averaae orooertv maintenance oroorams were observed. Emolovment stabllttv Is oood due to the State Caoltal in Harrlsburo. the
Armv Suoolv Deoot In New Cumberland and the Naval Suoolv Deoot in Mechanlcsburo and the exoandlno west shore area. Steady orlce
increases and MLS statistics show a nood demand for the area. The borouoh Dark Is two blocks east of the subject. The Caoital City Alroort
Is wtthln a mile. Industrial bulldlno is to the rear which should not affect marketabilltv.
Market conditions In the subject neilt1borhood Qncluding support for the above conclusions related to the trend of property values, demand/supply, and marketing time
-- such as data on competitive properties for sale In the neighborhood, description of the prevalence of sales and financing concessions, etc.):
County tax records and MLS. statistics show orlces to be stable. The MLS shows that the tvolcal marketino time for the area Is 3-6 months.
Mortaaae funds are readllv available wtth conventional loans beina 6.5% to 7.5% interest fixed 30 Year, 95% mortgage wtth uo to three
I oolnts. Sellers are not reoulred to offer sales or financlna concessions but seller assistance Is occumnn. There Is a demand for orooertles In
this orlce ranoe.
Project Information lor PUOs (II applicable) - -Is the developerJbullder in conbol of the Horne Owners' Association (HOA)? LJ Ves LJ No
Approximate total number of units in the subject project Approximate total number 01 units lor sale In the subject project
Describe common elements and recreational facilities:
Dimensions SO' x 108.2' Topogaphy SlIoht Incline to rear
snearea 5,410 sf or 0.12 acre Comer Lot 0 Ves t8J No Size Averaoe for area
SpecifIC zoning classification and description R-1 Residential Shiipe Rectanaular
Zoning compliance t8J Legal ~O Legal nonconf~ng (Grandfathered use) 0 Illegal 0 No zOfring Drainage Aooears Adeauate
Hnhest & best use as Imnmvort. IXI Present use I I Other use (exnlaln\ View Averaae Street
Udllties Public Other Ohlle Improvements Type Public P~vate Landscaping Averaoe for area
Electricity t8J Street Macadam IZI 0 Driveway Surface Concrete brick
Gas t8J CurlJ/gutter Concrete t8J 0 Apparent easements Standard utllltv easements
Water IZI Sidewalk Concrete IZI 0 FEMA Special Rood Hazard Area 0 Ves 0 No
Sanitaly sewer t8J Street 11gf1ts AdeQuate ~ 0 FEMA Zone C Map Dale 2-16-77
Storm sewer rxJ AII- None r l D- FEMA M~ No. 4203660001 B
Comments (apparent adverse easements, encroachments, special assessments, slide areas, Illegal or legal nonconforming zoolng use, etc.): Standard
. easements for electric teleohOne etc. There were no known or aooarent adverse easements encroachments or conditions that would
neaativalv Imoact on the value of the sublect orooertv.
GENERAL DESCRIPTION EXTERIOR DESCRIPTION
No. of Units 1 Foundation Concrete Block
No. of Stories 1 . Exterior Walls Aluminum
Type (Det/All.) Detached Roof Surlace Asoh.Shinllle
Design (Style) Ranch GuUers & Dwnspts. Aluml Alum
Exisilng/Proposed Existlno Window Type Wd Dble Huno
Age (Yrs.) 62 StornVScreens PartlYes
Effective Ane /Vrs.\ 45 Manufactured House No
ROOMS Fnver Uvlm Dlninn KItchen
Basement
Levei1
levei2
FOUNDATION BASEMENT
Slab NA Area Sq. Ft. 672
Crawl Space ~___ % Finished 0
Basement .El:!!L-_ Ceiling Unfinished
SlIllp Pump None Walls Unfinished
Dampness None noted ROOf Cement
Settlement Due To Aoe Outside Enby Yes
Infestation None noted
_ Rm. Rec. Rm. Bedrooms # Baths LaundN
INSULATION
Roof _ 0
Ceiling _ 0
Walls_O
Roor _ 0
None _ 0
Unknown_ 0
Den
Other
Area Sn. Ft.
672
672
2
4 Rooms' 2 Bedroomlsl' 1 Bath :51: 672 S uare Feet of Gross Uvlno Area
HEATING KITCHEN EOUIP_ ATTIC AMENITIES CAR STORAGE:
Type FWA Refrigerator 0 None rJ Rreplace(s) # _ 0 None t8J
Fuel Gas Range/Oven I:8J Stairs [] Patio Rear IXI Garage
Condition Averalle Disposal 0 Drop Stair 0 Deck 0 Allached
COOUNG None Dishwasher 0 Scuttle ~ Porch 0 Detached
Central None FarVHood t8J ROOf 0 Fence 0 BuIll-In
Other None Microwave 0 Healed 0 Puol___ 0 Carport
Condition NA . Washer/l1Ner Fi Rnished n Shed 1 Ox7.5 . Fi Drivewav 2 car
Additional features (special energy efficient items, etc.): Celllno fan/lloht fixtures in each bedroom' ""hted closests' ceramic liIe fioor and recessed
Iiohtlno In kttchen' Humidifier on fumace.
Condition of the Improvements, depreciation (phySIcal, functional, and extemal), repairs needed, quality of conslrucUon, remodeilnWaddltlons, etc.: The home Is
In averaoe condttlon. There were no aODarent functlonallnadeauacles. The construction ouaillv is \vDlcal for the area. The estimated
effective aae Is below the actual ane due to maintenance condttlon and comoarison to comoetlno nelohborhoods. Phvsical deoreclatlon is
attributed to aae and deferred maintenance. Unless otherwise stated no Items were observed that would reoulre (See Addendum\
Adverse environmental condlllons (such as, but not IIm~ed to, hazardous wastes, toxic substances, etc.) present In the improvements, on the site, or In the
Immediate vicinity of the subject property.: The property Is of an aile where lead based paint may be oresent. The market does not oenallze the
orooertv. but the client should tie advised of ns oosslble existence. It Is assumed that tt is not Dresen!. If the client has a (See Addenduml
Rnished area above nrade contains:
INTERIOR MaterlalS/CondlUon
ROOfS Wood Ceramic/Avo
Walls Plaster/Avn
Trim/Rnish WoodlPalntedlAvo
Bath Roor VinvVAvn
Bath Wainscot t=lberalasslAvn
Ooors Wood/Avo
# of cars
Freddie Mac Form 70 6/93
PAGE 1 OF2
Form UA2 - "TOTAt for Windows' apPraisal software by a la mode, inc. - 1-BOO.ALAMODE
Fannie Mae Fonn 1004 6/93
UNIFORM RESIDENTIAL APPRAISAL REPORT
MARKET DATA ANALYSIS
IFlle No. 06-1361
These recent sal~s of properties are~proximate to SUb!ct and have been considered in:{'!i!i~!rJThe desclipUon includes a dollar adjustment reflecllng
market reaction to those Ilems of slg betWeen the sub ect and compiV1lble properties. II the cOl)1P.ilable property Is superior to, or more
favorable than, the subject property, wminus ( made, s reducing the Indicated value of the s ificanlllem in the comparable is inlenor to or less
favorable than, the SubJeCt properlY, a plus (+) made, thus increasing the indicated value 01 the su jecl '
ITEM I SUBJECT
22 Wayne Avenue
Address New Cumberland P A
Proximilvto Sublect ';:;;",e.'.~/;,' i'" ""c';:;}".
Sales Price t
~oss vinn Area
Data ?IWJIor
Verificallon Sources
VAlUE ADJUSTMENTS
Sales or Rnancing
Concessions
Dale of SaI.lTjme
Locallon
LeasehddJFee Simnle
SIte
View
Desinn and Anneal
Qualm, of Construction
Ane
Condition
Above Grade
Room Count
Gross Liyjnn Area
Basement & Rnlshed
Rooms Below Grade
Functional Utililv
HeaUnnlCool1M
EIIf!lIIV Efficlenlltems
GaranoIC~""
Porch, Pallo, Deck,
Rr""'acels\ etc.
Fence Pool .....
Net AdI./IOtd\
Ad;Jsted Sales Price
of Comnarable
Dale, Price and Data
Source for prior sales
witfin vear of onnraisal
Comments:
Market Data Analysis 6-93
COMPARABLE NO. 4
410 Hillside Rd.
New Cumberland PA
COMPARABLE NO. 5
COMPARABLE NO. 6
1$ F';:;::::TT ~
ib I: . '.:..:;:' It ib iii., :.. .. i
NA 112600
ib 1$ 150.13<tJ(;:;il;. ii: 'i:' i r.
Inspection MLS; Agent; Exl. Inspection
Executrix Courthouse Records
*0 ON.. DESCRIPTION : +1-\$ Adh.st.
Conventional :
None :
11-21-055000M :
Averaae Averaae . :
Fee Slmale Fee Slmole :
0.12 acre 0.14 acre :
Averaae Street Averaae Street :
Ranch Ranch :
AveraaelAlum. AveraaelBrlck :
62 vears 56 years :
Averane Suoerlor :
Total : Bdnns: 8alhs Total: Bdnns: Baths :
4 2 1 4 2 1:
672 So. Fl 750 Sn. Fl :
Full basement Full basement
Unfinished Unfinished
Averaae Averaoe
FWA INane FWA I Cent. Air :
Averaae Averaae
Off Street Pko On Street Pkn. :
Porch, Patia Porch
Nane Gas FP x1
Shed Aoollances
DESCRIPTION
: +(-)$ Adlust.
-10000
Total : Bdnns: Baths :
Sn. Fl :
o
-3000
-1500
... n+ 1)(1-:1
:1t:jt,NI,i/1M'%
....... ....;.t.;:_.i.'.....A'JT.
. "i..'. ":'>:l;jrOSSi'i..t~i9:" I.
NA 7-1-04
NA $95,900
Crthse Records Courthouse Records
14500 rl + rl : S
',':;iN:et
98 100'. GtbSs
.%T
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Fonn UA2.(AC) - "TOTAL for Windows' appraisal software by a la mode. inc. -1-BOO-ALAMODE
DESCRIPTION
: +1':'i$Adlust.
T olal : Bdnns: Baths :
o
SR. Ft:
o
rl+
.. 'J~s~'
; .
-i'
':It
Booowertr.lienl NA
pro;;-.... Address 22 WaYne Avenue
Cilv New Cumberland Counlv Cumberland Slate P A Zin Code 17070
Lender Johnson Duffie Stewart&Weidner P.C.
Supplemental Addendum
II lie l'fl). UV. I JI) 1
Rle No 06-136
. URAR: Condition of the Improvements 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.
Scope 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.
Special L1mltlna 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: Supplemental 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
Form TAOO - "TOTAL for Windows" appraisal software by a la mode, inc. -l-800-ALAMOOE
IFile No. 06-1361
DEFINITION OF MARKET VALUE: The most probable price which a properly should bring in a competitive and open market under all conditions
reQlisite to a fair sale, the buyer and seller, each acting prudenlly, knowledgeably illid asSumlrlg the price Is not 'ilffected by undue stimulus. Implicit In this
definition Is the conSlJ11mation of a sale as of a specified dale and the passing of titie from seller to buyer under conditions whereby: (f) buyer and seller are
typically motivated; (2) both parties are well Informed or well advised, and each acting In what he considers his own best interest, (3) a reasonable time Is allowed
for exposure In the open market; (4) payment is made In terms of cash In U.S. dollars or in terms of Onancial arrangements comparable thereto; and (5) tile price
represents the normal consideration for tile properly sold unaffected by special or creative Onanclng or sales concessions' granted by anyone associated with
the sale.
. Adjustments to tile comparables must be made for special or creative Onancing or sales concessions, No adjusbnents are necessary
for those Costs Which are'- norinaIly paid by sellers as a result Iif 'irailltiim' or law' in a milket area; tIlese costs are readily Idelltifiable
since' the 'seRer pays these COSts In virtually all sales transactions. Speclal or creative financing i1djlsbnents can be made io the
comparable properly by comparisons to OJlil'lClng terms offered by a third party Institutional lender that is not already Involved In the
properly or transaction. Mt adjusbnent should not be calculated on a mechillical dollar for dollar cost of the Onancing or concession
but the dollar amount of any adjus1ment' should woximate the markers 'reaction to the Onanclng or concessions based on the
appraise(s judgement
STAT~MENT OF LlI\IIITING CONDITIONS A.NP APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The appraiser's certiflcation that awears In the appraisal report Is subject to the following
conditions:
1. The apJRser wiN llO\.be responsi,blefor ma!f1lfS of ,a legal nal1J'e that aIIIecteither the properly belno appraised or ttle titie to,lt The apJRser lISsum~s that
the title Is good and niaIketable . mID, '1heretore, Will not rander 'anY opinions aboiJt the UtIe. The p-operly Is appraised on the basis 01 It being under responsible
ownership. ' '
2. The appraiser has provided a sketch In tile appraisal report to show approximate dimensions of tile implOvements and the sketch Is Included only to assist
the reader of the report in visualizing ~e properly and understanding the appraiser's determination of Its size.
3. The appraiSer has exainlned the available Oood maps that iite provided by the Federal Emergency Management Agency (or other data sources) and has noted
in the appraisal report whether the subject site Is located In an IdenliOed Speclal Rood Hazard Area. Because the walser Is not a surveyor, he or she milkes '
no guarantees, express or implied, regardino this det~.rminathin.
4. The appralser will not give testimony or appear In court because he or she made. an Walsal of the properly in question, unless specific illTil'lQemerds to do
so have been made beforehand.
5. The app(aiser has' estimated the value of the land In tile cost approach at Its highest and best use and the improvements at .their contribulOl)' value. These
separate ~iiaiitii1S of oie larid and 1~ri1ents must not be used in conjunction with illY other appraisal iI'1d are Invalid If tI1ey are so used.
6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, tile p-esence of hazardous wasles, toxic
substances, etc.) observed during the Inspection of the subject properly or that he or she became aware of during the normal research Involved In periormlng
the appraisal. Unless otherwise stated In the walSal report, the ,lIllIRser has no. knowledge of illY hidden or unapparent conditions of tile, p-operly 01
adverse environmental conditions Qncludlno the presence of hazardous wastes, toxic substances, etc.) lI1at wllldd make the property more or less valuable, and
has assumed 1hat there are no such conditions and makes no guarantees or warrantles, express 01 imp/led, regcrdlng the condition of the properly. The
awraJser win not be responsible for any such conditions that do exist or for any engineering or testing lI1at might be required 10 discover whether such
cOlllfrtlons exist Because the appraiser Is not an expert In the field of environmental hazards, the appraisal report must not be considered as an
environmental assessment of the properly.
7. The app-aIser obtained the Information, estimates, iJnd opInlons that were expressed In tile app-alsal report from sources tIlat he or she considers to be
reliable and believes them to be true and correct. The appraissr does not assume responslbillly for the acclracy of such items that were furnished by other
parties.
B. The appraJser!'Wilt'rtot disclose the 'i!oments"il! 'Ilie apjriISal report except as p-ovided for in the Uniform Standards of Prolessional Appraisal Practice.
9. The appraiser has based his 01 her Waisal report and valuation conclusion fQr an awraJsai lI1at Is subject to satisfactory completion, repairs, 01
alterations on the assumption that completion of the improvements Will be performed In a wortunanllke manner.
10. The appraiser roost provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report
Qncludlng conclusions about the properly value, the appraiser's Identity and professional designations, and references to any professional Wiisal
organizations or the Orm with which the appraiser Is associated) to lI1)'OI18 other than the borrower; the mortgagee or Its successors and assigns;'the mortga~e
Insurer, consultants; professional app-aIsal organizations; any state or federally woved ffnanclal InSlltuliOll; 01 any department, agency, or Inslnlnentallty
of the lJJited states or any state or the District of Columbia; exceptll1at the lender/client may distribute the properly deSCliption section of the report only to data
collection or reportlno selVice(s) without having to obtain the appraiser's prior written consent. The appraiser's WTitten consent and approval fT1Jst also
be obtained before the appraisat can be conveyed by anyone to the jJJbllc through advertising, public relations, news, sales, Of other media.
Page 1 of 2
fannie Mae Fonn 1004B 6-93
freddie Mac Form 439 6-113
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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Flood Map
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Tax Map #25-25-0006-477
"" VlAAllANrI' ll!m
<<Iris llun, _de IU
9t:h
day of December, :z 004.
'ilctflluD
JOANN BRITT Il.OW known aa JOANN DECKER and MAT'l'HiW J. DlilCKD., wife
and husband
hi!
JOSEPH A. BRI'l"I', 'single man
r.ereln duJfM/Ild Q.J W GrllJllOr(s).
ierehl d~Gig""I" 41 1M Gra#lc.(.r);
lIHnuecHr. Tha. in CDasidcrlJ/ion of
EIGHT EIGHT THOUSAND AND XX/lOO ---- ( $88,000.00
Dollars.
in b/III4 paid. .lre reulpl 'Nilereo! is hereby actllowlertged. lile mid grolllor(J) ri6(e.s) herebJ gralll and CD..,.)' 10 Ihe
ItUd granla( I).
.Nl THA'I' CERTAIN lot or piece of land sit.uate in the Borough of New
Cumberland, Ccunt,y of Qmbe-:rl-anc! and COllUl1Onwealth of penns-ylvania,
more particularly bounded and described as tollows, to wit.
BEGINNIN~ at a point on the western side of Wayne Avenue at che
dividing line between Lata 2 e.nd :3, Section "H" of the. hereinafter
l:'.entioned Plan of Lots; ,thence in a southerly direction along Wayne
Avenue, 50 feet to a point at Lot No. 4; thence in a westerly
direct~on along Lot ~. 4. 108.1 feet. more or less, to a point;
thence in a r.orthea.ster1.y direC'tion, 50 feet to Lot No.2: thence
in an easterly direction along Lot No. ~, 108.2 feet, more or lese.
t.o wayne Avenue, the point and Place of BEGINN!NG.
BEING'~ot No.3; Section "R", 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 an~ recorded December 1, 1997 in the aecarder's Office in and
fer Cumberland County,. Pa. in Record Book 168, Page B~4.
THIS IS A CONVeYANCE BETREEN PAREN"l' AND CHILD AND THEREl"ORE HXEMPT
l"ROM TRANaFERTAX.
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Building Sketch (Page - 1)
IFile No. 06-136 I
BorrowerlCllenl NA
ProDertv Address 22 WaYne Avenue
Cilv New Cumberland Countv Cumberland State PA Zln Code 17070
Lender Johnson Duffle Stewart&Weldner P.C.
NOTE: Interior Sketch Not To Scale.
17.00'
______________.________.___.._.____..U"___
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Comments:
',ARIiA <:Ai:.dJLA'tIONSSUMt,lARY N8t Totels
cod. D~ripI:~ ,. Net Size
GLAl. I'ust F1.oor 672.00 672.00
pIp Porch 24.00
Patio 204.00 228.00
Net LIVABLE Area ( Rounded) 672
LIVING AREA BREAKDOWN
Brukdown Subtotlils
Firat 1'1oor
24.00 x 28.00 672 . 00
litem ( Rounded) 672
FOI111 SKT.BldSkI- 'TOTAL for Windows" appraisal software by a la mode, inc. -l-roo-ALAMOOE
Subject Photo Page
I~IIP. NO. U~-B~I
Borrower/Client NA
Pronertv Address 22 WaYne Avenue
Citv New Cumberland Countv Cumberland Slate PA Zlo Code 17070
lender Johnson Duffie Stewart&Weidner, P.C.
Subject Front
22 Wayne Avenue
Sales P1ice NA
Gross living Area 672
Total Rooms 4
T olal Bedrooms 2
Total Bathrooms 1
location Average
View Average Street
Site 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-BOO.ALAMOOE
Subject Photo Page
Irlle NO, U~-lJbi
BOlTOweri.lient NA
Prone;;;;-Address 22 Wavne Avenue
Citv New Cumbe~and Countv Cumberland State PA Zin Code 17070
Lender Johnson,Duffle Stewart&Weidner P.C.
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Subject Porch
22 Wayne Avenue
Sales Price 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
Kitchen view
Bathroom view
Form PIC3x5.SR - "TOTAL for Windows" appraisal software by a la mode, inc. -1-8QO-ALAMODE
Subject Photo Page
Irile 1'10. 116.1361
Borrower/Client NA
Pronerlv Address 22 Wavne Avenue
CiIv New Cumbe~and Counlv Cumbe~and Stale PA Zin Code 17070
lender JOhnson,Duffle,Stewart&Weidner, P.C.
Rear yard view
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
Fmm PIC3x5.SR - "TOTAL for Windows' appraisal software by a la mode, inc. -HOO-ALAMOOE
Comparable Photo Page
IFile No. 06. i361
Borrower/Client NA
Prooertv Address 22 Wavne Avenue
Citv New Cumberland Countv Cumberland Stale PA Zin Code 17070
Lender Johnson Duffie,Stewart&Weidner, P.C.
Comparable 1
822 Rosemon! Avenue
Prox. to Subject
Sale Price
Gross Living Area
Total Rooms
Total Bedrooms
Total BaIl1rooms
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
Site
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
Site
Quality
Age
Fonn PICPIKCR - "TOTAL for Windows" appraisal software by a fa mode, Inc. -1-800-ALAMOOE
99,900
660
5
2
1.5
Average
Avg. Street
0.09 acre
Average
56 years
Comparable Photo Page
[rile 1'10 IHi-l:jb I
Borrower/Client NA
Pronortv Address 22 Wavne Avenue
Cilv New Cumberland Counlv Cumberland State PA Zln Code 17070
Lender Johnson Duffie Slewart&Weidner, PoCo
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Comparable 4
410 Hillside Rd.
Prox. to Subject
Sale Price
Gross living Area
Total Rooms
Total Bedrooms
Total Bathrooms
Location
View
Site
Quality
Age
Prox. to Subject
Sale Price
Gross living Area
Total Rooms
Total Bedrooms
Total Bathrooms
Location
View
Site
Quality
Age
Prox. to Subject
Sale Price
Gross Living Area
T olal Rooms
Total Bedrooms
Total Bathrooms
Location
View
Site
Ouali1y
Age
Fonn PIC3x5.CR - 'TOTAL for Windows' appraisal software by a la mode, inc. -l-BOO-ALAMODE
112,600
750
4
2
1
Average
Average Street
0.14 acre
Average/Brick
56 years
Comparable 5
Comparable 6
Tax Parcel No. 25-25-0006-477
:FIVl1CI~'RY V'E'EV
THIS DEED, made this
seven (2007).
day of
, in the year of our Lord two thousand
BETWEEN MARY BRITT ENGLAND, SUSAN M. BRITT and JOANN BRITT DECKER, Co-
Administratrices for the Estate of Joseph A. Britt, late of Borough of New Cumberland,
Cumberland County, Pennsylvania,
Grantors
AND
MARY BRITT ENGLAND, an adult individual,
Grantee
WHEREAS, Joseph A. Britt, the Decedent above named, being seized in fee of the hereafter described
real estate, died on May 17,2006.
WHEREAS, Letters of Administration were granted to Mary Britt England, Susan M. Britt and Joann
Britt Decker, Co-Administratrices, by the Register of Wills of Cumberland County, Pennsylvania (No. 21-
2006-00536) on June 16, 2006.
:u;,
NOW THIS INDENTURE WITNESSETH, that the said Grantor, for and in consideration of the sum
of SIXTY-EIGHT THOUSAND and 00/100 ($68,000.00) DOLLARS, lawful money of the United States, to
it in hand paid by the said Grantee at or before the sealing and delivery hereof, the receipt whereof is hereby
acknowledged, has granted, bargained, sold, aliened, released and confirmed, and by these presents do grant,
bargain, sell, alien, release and confirm unto the said Grantee:
ALL THAT CERTAIN lot or piece of ground situate in the Borough of New Cumberland,
County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and
described as follows, to wit:
, i'
,
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 Joann Britt, now known as Joann Decker and
Matthew 1. Decker, wife and husband, by their deed dated December 9th, 2004, and recorded in
Deed Book 266, Page 3323, Cumberland County Recorder of Deeds Office, granted and
conveyed unto Joseph A. Britt.
THIS IS A CONVEYANCE BETWEEN A CHILD AND A DECEASED F ATHER THEREFORE
EXEMPT FROM TRANSFER TAX
UNDER AND SUBJECT, NEVERTHELESS, to conditions, easements and restrictions of prior
record and any matters which a physical inspection or survey of the premises may disclose.
TOGETHER with all and singular the buildings, improvements, ways, waters, water-courses, rights,
liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging, or in any wise
appertaining, and the reversions and remainders, rents, issues and profits thereof; and also, all the estate, right,
title, interest, property, claim and demand whatsoever of it, the said Grantors, in law, equity, or otherwise
howsoever, of, in, to or out of the same.
TO HAVE AND TO HOLD the said lot or piece of ground above described, with the buildings and
improvements thereon erected, hereditaments and premises hereby granted or mentioned, and intended so to be,
with the appurtenances, unto the said Grantee and assigns, to and for the only proper use and behoof of the said
Grantee, her heirs or assigns, forever.
AND THE SAID Grantors covenant, promise and agree, to and with the said Grantee, her heirs and
assigns, by these presents, that the said Grantors have not done, committed, or knowingly or willingly suffered
to be done or committed any act, matter or thing whatsoever whereby the premises hereby granted, or any part
thereof, is, are, shall or may be impeached, charged or encumbered in title, charge, estate, or otherwise
howsoever.
IN WITNESS WHEREOF, the said Grantors have hereunto sets their hands and seals the day and
year first above written.
Signed, Sealed and Delivered in the Presence of:
: .i.',;.,"
MARY BRITT ENGLAND, Co-Administrator,
of the Estate ofJoseph A. Britt '
SUSAN M. BRITT, Co-Administrator
of the Estate of Joseph A. Britt
JOANN BRITT DECKER, Co-Administrator
of the Estate ofJoseph A. Britt
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
On the day of ,2007, before me, the undersigned officer, personally
appeared Mary Britt England, Susan M. Britt and Joann Britt Decker, all known to me (or satisfactorily proven)
to be the persons whose name are subscribed as Co-Administratrices for the Estate of Joseph A. Britt, and
acknowledged that they executed the same in the capacity therein stated and for the purposes therein
contained.
IN WITNESS WHEREOF, I have set my hand and official seal.
Notary Public
I hereby certify that the precise residence and complete post office address of the within named Grantee
is:
22 Wayne Avenue, New Cumberland, PA 17070
Attorney/Agent for Grantee
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
: SS
RECORDED on this day of A. D. 2007 in the Recorder's office, of
Cumberland County, in Record Book _, Page' k
Given under my hand and the seal of the said office, the date above written.
, Recorder
:284365
OF COUNSEL
JERRY R. Dl;FFIE
RICHARD W STEWART
C. ROY WEIlY\EH. IR
Emlu\'D G. MYERS
DAVID W. DELun'
lOll\' A. STATLEI\
JEFFERSON I. SlIlPMAN
RALPH 1I. WRIGHT. Jlt
MARK C. DCFFIE
JOll\! R NI'\JOSKY
MICHAEL I CASSIDY
:VIFLlSSA PEEl. GREFVl
ROBERT M. WALKER
WADE D MA";LEY
ELIZABETlI I). S'\JOVEI\
KELLY L BONANNO
Register of Wills Office
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
ATTN: Jackie
\\(II',\(I: ,\ !()II\Si)\
F I.I! SI 11'\1 \\
LAW OFFICES
JOfINSON
DUFFIE
WHITEH'S EXT. No. 114
E-MAIL dlw@jdsw.eom
March 23, 2007
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RE: Estate of Joseph A Britt
Date of Death: May 17, 2006
Your File No.. 21-2006-0536
Our File No. 1891-2
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Dear Register:
Enclosed for filing please find the following documents for the above referenced Estate:
1. Family Agreement
2. Petition for Leave to Sell Real Property....
3. Final Decree with self addressed stamped envelope
4. Copy of Page 1 of Each Agreement we ask that you time stamp and return to us in the enclosed self
addressed stamped envelope.
5. Check attached to this correspondence in the amount of $35.00 representing the $20.00 filing
fee for the Family Agreement and $15.00 for the Petition for Leave.
Should you require any additional information or have any questions, please do not hesitate to contact our office. Thank you
for you assistance in this matter.
Very truly yours,
. J:'~~~ DX~FIE, STEWART & WEIDNER
(~~
Estate Administration Paralegal
Ene.
cc: Mary B. England, Co-Administratrix
Susan Britt, Co-Administratrix
Joann B. Decker, Co-Administratrix
:294018
301 MARKET STREET PO BOX 109 LE\IOY\E. P[!\;\SYLVA\IA 17043-0 I 09
WWWjDSWCOM 717.7614540 FAX: 717.761.3015 \lAIL@jDSWCOM
JOHNSON, DUFFIE, STEWART & WEIDNER, p.e.