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HomeMy WebLinkAbout05-16-07 \ ... 1I~ . . --.J 15056041147 REV-1500 EX (06-05) PA Department of Revenue Bureau of Individual Taxes PO BOX.280601 Harrisburg, PA 17128-0601 ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death *' OFFICIAL USE ONLY County Code Year INHERITANCE TAX RETURN RESIDENT DECEDENT 2 1 0 7 File Number 0069 Date of Birth 052262867 01092007 02211929 Decedent's Last Name HILER JEAN MI F Suffix Decedent's First Name (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MI Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW o 1. Original Return o 4. Limited Estate 00 o 6. Decedent Died Testate (Attach Copy of Will) 0 2. Supplemental Return 0 3. Remainder Retum (date of death prior to 12-13-62) 0 4a. Future Interest Compromise 0 5. Federal Estate Tax Return Required (dale of death atter 12-12-82) 0 7. Decedent Maintained a Uving Trust 0 8. Total Number of Safe Deposit Boxes (Attach Copy of Trust) 0 10 Spousal Poverty Credit (date of death 0 11. Election to tax under Sec. 9113(A) . between 12-3t-91 and 1-1-95) (Attach Sch. 0) 9. Litigation Proceeds Received ~ORRESPONDENT - THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: ame Daytime Telephone Number JAMES D. BOGAR 7177378761 Firm Name (If Applicable) BOGAR & HIPP LAW OFFICES ONE WEST MAIN STREET REGISTER ~ WILLS USS)iNL Y L... = ',~_ 0 --.J ::;~CJ ~ ~~~ .- cr) 7~ C". First line of address Second line of address City or Post Office SBIREMANSTOWN State PA ZIP Code 17011 c) ',t', -) ~-::: DA)it1LED > =c: ,,~ <=.) U'l ex} Correspondent's e-mail address: Gerald W. Hiler .5 ~ J 4. 07 17055 DATE James D. Bogar o-JY-OJ 17011 Side 1 L 15056041147 15056041147 --.J .r .' ESTATE OF Hiler, Jean F. PA Inheritance Tax Return Signature of Additional Fiduciaries FILE NUMBER 21-07-0069 Under penalties of pe~ury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete. Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge. Signature #2 Name Address1 Address2 City, State, Zip Date Shlremanstown, PA 17011 b~/Y~o7 f ' . . --I 15[]5b[]42148 REV-1500 EX Decedenrs Name: J e a n F. H iI e r Decedent's Social Security Number 052262867 RECAPITULATION 1. Real Estate (Schedule A)........................................................................................ 1. 2. Stocks and Bonds (Schedule B)............................................................................. 2. 3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) .......... 3. 4. Mortgages & Notes Receivable (Schedule D)......................................................... 4. 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) ................ 5. 6. Jointly Owned Property (Schedule F) 0 Separate Billing Requested............. 6. 7. Inter.Vivos Transfers & Miscellaneous Non-Probate Property (Schedule G) 0 Separate Billing Requested............. 7. 8. Total Gross Assets (total Lines 1-7)..................................................................... 8. 9. Funeral Expenses & Administrative Costs (Schedule H)........................................ 9. 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I)................................ 10. 11. Total Deductions (total Lines 9 & 10).................................................................... 11. 12. Net Value of Estate (Line 8 minus Line 11)............................................................ 12. 13. Charitable and Governmental Bequests/See 9113 Trusts for which an election to tax has not been made (Schedule J)..............................._................ 13. 14. Net Value Subject to Tax (Line 12 minus Line 13)..............................._................ 14. TAX COMPUTATION. SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, of transfers under Sec. 9116 (a)(1.2) X ~ 16. Amount of Line 14 taxable at lineal rate X .045 17. Amount of Line 1"'4'tiiXable at sibling rate X .12 18. Amount of Line 14 taxable at collateral rate X .15 0.00 15. 0.00 16. 0.00 17. 348,964.10 18. 19. Tax Due...... .................. .......... ............. ............. ......... ...................... ....................... 19. 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT. Side 2 L 15[]5b[]42148 171,000.00 106,157.88 124,787.16 401,945.04 47,444.58 5,536.36 52,980.94 348,964.10 348,964.10 0.00 0.00 0.00 52,344.62 52,344.62 D 15[]5b[]42148 ---I ., . . ' REV.1500 EX Page 3 Decedent's Complete Address: File Number 21-07-0069 DECEDENT'S NAME Jean F. Hiler STREET ADDRESS 301 Reservoir Road CITY I STATE !ZIP Mechanlcsburg PA 17055 Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. CreditsJPayments A. Spousal Poverty Credit B. Prior Payments C. Discount (1) 52,344.62 49,091.25 2,583.75 Total Credits (A + B + C) (2) 51,675.00 3. Interest/Penalty if applicable D. Interest E. Penalty Totallnterest/Penalty (0 + E) 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Check box on Page 2 Line 20 to request a refund 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. A. Enter the interest on the tax due. B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (3) (4) (5) 669.62 (5A) (5B) 669.62 Make Check Payable to: REGISTER OF WILLS, AGENT PLEASE ANSWER THE FOllOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: a. retain the use or income of the property transferred;................................................................................ b. retain the right to designate who shall use the property transferred or its income;................................... c. retain a reversionary interest; or............................................................................................................... d. receive the promise for life of either payments, benefits or care? ............................................................. 2. If death occurred after December 12,1982, did decedent transfer property within one year of death without receiving adequate consideration? ...... ......... .......................................... .............. ......... ...... ................ .............. Yes No ~ ~ o 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? ......... 0 4. Did decedent own an Individual Retirement Account, annuity, or other non.probate property which contains a beneficiary designation? ................................................................................................................... 0 ~ IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. ~ ~ For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is three (3) percent [72 P .5. ~9116 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is zero (0) percent [72 P.S. ~9116 (a) (1.1) (ii)]. The statute does not exemot a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is zero (0) percent [72 P.S. ~9116 (a) (1.2)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is four and one-half (4.5) percent, except as noted in 72 P .5. ~9116 1.2) [72 P .5. ~9116 (a) (1 )]. The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is twelve (12) percent {72 P .5. ~9116 (a) (1.3)]. A sibling is defined under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. . t .. ' Rev-1502 EX+ (6-98) *' SCHEDULE A REAL ESTATE COMMONWEALTH OF PENNSYLVANIA INHERITANCE T M RETURN RESIOENT OECEDENT Hiler, Jean F. FILE NUMBER 21-07-0069 ESTATE OF All real property owned solely or as s 1enan1 In common mua\ be reported a1 fair market value. Fair market value is defined as the price at which property would be exchanged between a willing buyer and a willing seller. neither being compelled to buy or sell. both having reasonable knowledge 01 the relevant facts. Real property which \a Jointly-owned w1\h rlglrt of aurvlvorahlp must be dlacloaed on achedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1 Real Estate - All that certain piece or parcel of real estate having erected thereon a 171.000.00 dwelling house being known and numbered as 301 Reservoir Road, Mechanlcsburg, Pennsylvania. The property was acquired by Richard L. Hiler and Jean F. Hiler by Deed dated February 4,1960 and recorded February 8,1960 in the Cumberland County Recorder of Deeds Office and Deed dated May 9, 1961 and recorded May 19, 1961 in the Cumberland County Recorder of Deeds Office. A copy of the two (2) Deeds are attached hereto and incorporated herein. The said Richard L. Hiler died December 7,1999 whereupon full and complete title became vested solely In Jean F. Hiler, the Decedent herein. The above-described real estate was sold pursuant to an Agreement for the Sale of Real Estate dated March 2, 2007, a copy of which is attached hereto and Incorporated herein. Final settlement took place on April 30, 2007. A copy of the Deed conveying said real estate, along with a copy of the Settlement Sheet, are attached hereto and incorporated herein. The sale price of the real estate was $171,000.00. TOTAL (Also enter on Line 1, Recapitulation) 171.000.00 (If more space is needed. additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA.1500 Schedule A (Rev. 6-98) OOOK Q.l!j PAliflliO PENNA. DEED-FEE SIMPLE ~~~-",~.............-.o:..~"""':''r!J,:!:-'':':>::''~-'~''''''''''''''!'~''''''~~-1~~~'':'',=--=:c_~~_~. .. Prinled o. PIaokenhotllS 100% Line. IlotOld Pa_ ,....,..~:-~~~,~......:r....:.~=u.l..y...nJ_~~~=.~-"."..----'...i~~~....-. -":,~". ~abt the 4th day of February IlECOIlDED.OPFlCE OF rH CLERK OF :icouRTS & /IECORllER:OF DEEDS 9J.Iz If'tJ I~ ~.t:..'" (J. (~ ~ I~ CUMBERlAltD COUNTY PENNS~~VANIA it~itl Jnbtntnrt, in the year nineteen hundred and siJcty (1960) iirhuttn I. S. EBERt! and ANNA MARY EBERtY, his \dfe, and PAUL'T. SHEARER and VIOLENA 1'1. SHEARER, his wife, all of the Borough of Mechanicsburg, County of Cumberland and State of 'Pennsylvania, Grantors, parties of the first part, AND RICHARD L. HILER and JEAN F. HIrER, his wife, of the Borough of Oberlin, County of Dauphin and State. of Pennsylvania, Grantees, parties III>>T."1I::\"'I"\1\1' , ".%~ru,'..." ' /?r'" '.1 '~~~r 'I 1,~ b r.:""~-" ... I'!.:P"::;.I /n~n:; . l.U," 'II Il-'dWHI 1:1:\,-\, L : I ')~U :n~tl.J_I~'!,!,,\,,~ ! i~~=___~~u I L'jf>j of' the second part, Witntiidf), That the said part:ies of the first part, for and in consideration 01 the sum of Two Thousand Five Hundred ($2,500.00) Dollars, lawful money of the United States of America, well and truly paid by tlla said parties of the sec:ond part to the said pardes of the first part, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened, enfeoffed, released, conveyed and confirmed, and by these presents do grant, bargain, sell, alien, enfeoff, release, lX!nvey and confirm unto the said parties oE the second part, their heirs and assigns. ~u THAT CERrAIN Lot of Ground situate in the Township of Upper Allen, County oJ: Cumberland and state of Pennsylvania, bounded and described.. as follows, to witt BEGINNING at a point in the eastern , side of Reservoir Road, said point being on the division line between Lots No. 78 and 79 on the hereinaf'ter mentioned Plan' of Lots; thence along said division line between Lots No. 78 and 79, North 83 degrees 35 minutes East, a distance of eighty-two (82) feet, more or less, to a point in the division line between Lots No. 77 and 78 on said plan; thence along said division line between Lots No. 77 and 78, Norlh 3 degrees 10 minutes West, one hundred thirty-i'ive (135) feet, mo;t'e or, less, to a:p,?,~t in the southerly line of Circle Drive; thence \!long said line of Circle Drive; South 86 degrees West, a distance of ten (10) ~et to a point; thence con- tinuing along said line of Circle .Drive by the'arc of a circle curving to the left, said circle having a radius of one hundred sixty-five (165) feet, the arc distance of one hundred twenty (120) feet, more or less, to a point in the easterly line of Reservoir Road aforesaid; thence along said line of Reservoir Road by the arc of a circle curving to the right, said circle having a radius of two hundred forty (240) feet, the arc distance of oI:\e hundred five (105) feet, more or less, to a point in the. division line between Lots No. 78 and 79, at the place of BEGINNING. BEING Lot No. 78 in the Plan of Lots of Paul T. Shearer and I. '5. Eberly, known as F.ESERVOIR HIIJ.., which said Plan is recorded in the Cumberland County Recorder's: Office in Plan Book 11 at Page 8 I ~..'I . BOOK~19 PA(jE4il ~":.-'.~ :".: .~-~:~ t.:"'" . .,..... i ~...- 1 . ~,. i~~~~.\ <", BEING a.,part oi' the same premises which'Benjamin K. Miller and Tillie.E. Miller, I his wife, by their Deed dated May 29, 1959, and recorded in the Ofi'ioe oi' the 1 '. Rec.Q.rder. of Deeds in and for Cumberland County, Pennsylvania,' in' Deed Book "Dlt, I; Volwne 19, Page 446, granted and conveyed unto I. S. Eberly- and Paul T. Shearer, two or"the grantors herein. . j THE land herein conveyed is subjeot to the i'ollowing building and use restrictions;! with which the grantees, for themselves, their heirs and assigns, agree to comply- by the acceptance of this deed, to wit: 1. The Lot herein conveyed shall not be used or occupied i'or other than re- sid:ential purposes. 2. The Lot herein conveyed shall Dot be subdivided, nor shall there be more \. '\:.han on.. ..~:l... :rc..1.donce or d)fe~~:1.ng e:rect.ed t.tlereon, t.oget.her with a garage building which shall be incident to the occupation and use of the Lot and dwelling as a residence. 3. No trailer, basement, tent, shack, garage, barn or other outbUilding erected on the Lot shall at any time be used for residential purposes, either temporarily or permanently-, nor shall any residence of a temporary character be~~~~ . 4. All exterior walls of a dwelling and garage building shall be finished either with 'standard wood clapboard, brick stone, wood or asbestos shingles or permastone. No exterior walls or parts thereof of unfinished cement or cinder building blocks, insul-brick or a:rry type of second hand materia,ls will be permitted. . I . I ; 5. No dwelling house shall be ereoted upon any Lot unless the construction oost thereof', at 1959 prioe levels, is at least $12,000.00, and is com- parable in exterior design to the other properties erected. on other Lots and i.s provided wi:th heating fac.i.lities for year round human habitation. 6. No picket or wire i'ence over four (4) feet in heighth, and no solid board .fences, shall be erec1;ed or ma1ntained on,the premises. 7. No trees or shrubbezy growirig higher than four (4) feet shall be planted or maintained on any Lot closer than twelve (12) feet to the property line bordering on any street or road. 8. No horses, cows, goats, sheep, swine, or fowls shall be kept or maintained' on the premises, nor shall the raising or breeding of pets for commercial purposes be permitted. 9. No part of a building shall be erected or maintained upon any Lot at a less distance from the boundazy line than ten (10) feet except that a detached garage may be erected at no less distance from the boundary line than i'ive (5) feet provided it is place on the rear portion of the Lot. 10. Building set-back distance shall conIonn to Upper Allen Township code restrictions. . 11. In the event that grantee(s) of lot(s) herein conveyed erects a dwelling within three years from the date of this conveyance, plans II1\lSt have the prior approval of the grantors. ; i -- -...,':"".:""-~--~t~_. ; ..;,:"F' .,S;l.Il"_~__ .. ' - _....~=~~.~.__._..~".~.::...-:::,,=.~.=~;:.~If'!r.~-:-~.:.':'...:...~-=.__,.._._.... ._.._,'''',. -'--""'":!""'-~=~.......-o::_~";'"._.,.._.___:.to::'el'"~.tt~'-~~~,~',":;-'-',-:.=:$:~-:::'~":'-:r;.~""'7.~''':':::''~'~:':' &tub of C!!ounty of On this, the day of }SS: the undersi~ned officer, perso"naJly appeared 19 , before me known to me (or satisfactorily proven) to be the person instrument, and acknowledAed that contained. whose name subscribed to the within executed the same for the purpose therein IN WITNESS WHEREOF, 1 have hereunto set my hand and &taif nf C!!nuatg pf On this, the day of }ss: the undersiAned officer, personally appeared 19 , before me known to me (or satisfactorily: proven) to be the person instrument, and. acknowledAed that contained. My Commiulon Ezpire. seal. whose name subscribed to the within executed the same for the purpose therein IN WITNESS WHEREOF, 1 have hereunto set my hand and ~ ~ ~ ~ ~ ~ t..I t..I ~ ;- ... ... .; ...... "0 . <nN -= ~ : t j s i'i ... ~ 8 l:l E Cl .l! ~'4':" ... .. ! if! III . ~.: 'tl ~.. ~.~ II) :a .. 'tlCD ~~ ~ II) :a -gai .u~ II) ..-I .t:l ~ .. ~~ ,..:!l:t: IS . ;1: ~~ '''"'~~"''''::'''''-''':::'':::_-::-:''"::-_''''';:~.;.;.::::..=::.:..,~=::'-~~~!:....~=~~ ':--~;-"';:"'~~'.-=~~::'=~.:"J:'-":'4_;;'-",,:,=~~~~":'"""'!-~:';_:;;'';~'':'..- ~5ml ~ ld ~. ~ ~ ~ S! till;:!:: ~I~ e.: S rf.lg ~o . ... ell 1-'1 H< P-4p. seal. My Commi.sion Ezpire. _~._4...__".._..__.__.._.._"___."___.."_""_"__..._"____... . . ! 01 \01 O'Ii .-4\ ... ~! >i "", !!Ii ....: ..0: Gl' LLI -ti ~ III Q "i ~ ~ j ! a l ;,' ~ u .~ 1 J Pi Oi ~ fl J ~ i ~' i Pj ~ a ~ Eo{ ~ J . g U1 " ~ ~ ~ III .. -8 'li! I: o U ~i ~- r' ~ :1 ~i~\ l~ I 210' ~';t ~ ....... .,p-n'~ ~ t ~~:3 1:. ..,:. 2T'~':. ~~.";:' ~';i.5 ~ "ft l"::t ,,!l =-" i 1 ~ ~ .s .ll ... 'two I ! .. -ti! . ~ 1.. ~ ~ ~ J i D:: ~ ~ C!!o4~L }.Il.EI: Cltounry of -- Euorilcll in the Office for Recording of Deeds, etc., in and for said County, in Deed Q. Book No. /f ' PaAe 4'101 Witntss my Hand and Official Seal this ~ day of ~ ' 19 t; 0: t1~-~~~ Recorder of Deed. ....f,-~ i BOOK bllij PAGE'll.t:. --,",,'~ utogetber with all and singular the tenements, hereditaments and appurtenances to the same be- longing, or in anywise appertaininA, and the reversion and reversions, remainder and remainders, rents, issues and proflts thereofj sgnb also all the estate, right, title, ir.terest, property, claim and demand whatsoever, both in law and equity, of the said parties of the first part, of, in, to or out of the said pre- mises, and every part and parcel thereof, uto babe anb to bolb the said premises, with all and sin4ular the appurtenances, unto ths said part ies of the second part, their heirs and assigns, to and for the only proper use and behoof of said part ies of the second part, their heirs and assi4ns forever. anb the said I. S~ Eberley and Anna Ma:ry EberlYI his wi1"el and Paul T. Shearer and Violena M. Shearerl his wifel their . heirs, executors, and administrators, do by these presents, covenant, grant and a4ree to and with the said parties of the'second part, their heirs and assigns, that they the said I. S. Eberly and Anna Mary Eberlyl his wifel and Paul T. Shearer.and Vilena M. Shearerl his wifel their heirs, all and liinlUJar the hereditaments and premises herein above described and Aranted~ or mentioned and intended so to be, with the a:ppurtenances unto the said parties of, the second part, their heirs and assigns, against the said parties of the first part and their heirs, and against all and every other person or persons, whomsoever, lawfully claiming or to claim the same or any part thereof, f f: " [, ~I; hands and seal s , the day and year first written above. I . i .. Slpi~""T;re ifio' I --~_.. l ------- .: 1MJ..AI!EI4DWN5HIP-.$.-Dl5fE-.------ Ii ~~..~!.~~~~.~.~~..:'~_.......".,.... I Amou/J1..i' _.:> . 0 . ,.. - D- ~ Ii . .....:.~~~~.::~~~'............ ; .HHH_......~~ ! : AGENT ~trtificatt of ltesibence II'! 1, hereby certify. that the precise residence of the grantees herein is as follows: I '#IJ #",:U, t?4",~,.i./, .rrn%""~ .4. ... /J I ~~ " ..._...t~~it::-:::~~~:nsy~::._~ }!8: 1, I. ! shall and will, by these presents, Warrant anb fortber t1denb. 3Jn witness wbereof, the said part ies of the first part have hereunto set their -~~~-------_._---_._..._-_.~ ....~~..~~;..........~ .....Gd...2.~......e ..~?~...21...................~...........e ........................................................................... e I':' On tJUs, the 4th day of February 1960 , before me a Notary Public the undersigned officer, personally appeared I. S. Eberly and Anna Ma:ry Eberlyl his wifel and Paul T. Shearer and Vilena M. Shea~rl his wifel i ! i known to me (or satisfactorily proven) to be the person B I;~;_' _ __kd~ _ tboy ..{ .~ :~..i:rf ,WP..!V'ESS WHEREOF, 1 have hereunto ..' 1..'-'." \l '. It... C, '. /5ij~~ <~:'i-~~\ '. , i... . .\Y%-~0JIfI!"!ii9n Erpi,... -_..:,..Z~;~~"~:~~iq.~~,~~.L. I:' i ." "::,j ':. whose mime s are subscribed to the executed the same for the purpose therein -......- - ..--~. ~,my_tJLt~_._ -; NOTARY PUBLIC .......~-!:DIl'.IIllilillll-~i1e&"O\__-2~r.lllGL-......__... Camp 1lI11, Pa. Cumber/and County --~~ -. -.-." ."-'~'-"-~~ .-- ~'-.~-l' .~ 20l-T-Qult-Olaim Deed . ' Henry Ban, Inc.. Indiana. Pa. mbi~ 3lnbenture, ,/ his wif'e. and PAUL T. of' the Borough of' of' Pennsylvania, I in the year I I I I I I I I I MADE THE 11-17 of our Lord one thousand nine hundred v BETWEEN I. S. EBERLY and ANNA MARY EBmLY, SHEARER and VIOLEN.A. M. SHEARER, his wif'e. all Mechanicsburg, County of' Cumberland and state parties of' the f'irst part. grantors, rlay of .1'1 A Y and sixty-one (1961). !!~ RIaHARD L. HILER and JEAN F. HILER, his wif'e. of the Borough of Oberlin, County ot Dauphin and state of Pennsylvania. grantees, parties of the second part, WITNESSETH, toot the said part ie8 of the first part, for and in consider- ation of the sum of One ( $1. 00 ) DoUars, lawful money of the United States of America, unto them weU and trur.y paid by the said part iea of the second part, at and before" the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, have remised, released and quit-claimed, and by these presents do remise, release and forever quit-claim unto the said pardes of the second part, their heirs and assigns, all that certain Lot. of' Ground situate in the Township of' Upper Allen, County of' Cumberland and state of' Pennsylvania, bounded and described as f'ol1ows~' to wi t:- BEGINNING at a point in the easterly. side of' Reservoir Road. said point being on the division line between Lots Nos. 78 and 19 on the hereinafter. mentioned Plan of Lots;tbenc. e alon~ said division line I I between LOts Nos. 78 and 79, North 83 degrees 35 minutes East. a dis- tance of' eighty-f'ive andnine-tenths (85.9) f'eet. more or less. to a point in the division line between Lots Nos. 77 and 78 on said Plan; thence along said division line between Lots Nos. 71 and 78, North 031 degrees lO.minutes West. one hundred f'orty-eight and f'orty-f'ive one- II hundredths (148.45) f'eet. more or less, to a point in the southerly line of' Circle Drive; thence along said line of Circle Drive. South i 86 degrees West. a distance of' ten (10) feet to a point; thence con- I tinuing along said line of' Circle Drive by the arc of' a circle curving to the lef't, said circle having a radius of' one hundred sixty-five I (165) f'eet. the arc distance of' one hundred twenty-six and eight-tenths (126.8) f'eet. mol'e or less, to a point il:1 the Easterly line of' I I Reservoir Road, aforesaid; tho ence. along said line of' Rese. rvo.i.r Road by the Arch of a circle curvi~~to the right. said Qircle~a!inga radius of' two hundred f'orty (240) f'eet, the arc distance of one I hundred twelve and twenty-f'ive one-hundredths (.112.25) f'eet, more or les8 to a point in the division. line between Lots Nos. 78 and 79, I af'oresaid. at the point and place ot BEGINNING. BEING Lot No. 78 in the Plan of' Lots of Paul T. Shearer and I. S. I Eberly, known alii RESERVOIR HILL, wh1chsaid Plan is recorded in the Cumberland County Recorder's Office in Plan ~OOk 11, at Page 8. I BEING a part of the same premises which Benjamin K. Miller and ! Tillie E. Miller, bis wif'e. by their Deed date~ May. 29,1959, and ! recorded in the Of'f'ice of' the Recorder of' Deeds in and for Cumberland II County, Pennsylvania,ill Deed Book "D", Volume 19, Page 446, granted I and conveyed unto I. S. Eberly and Paul T. Shearer, two of' the i grantors herein. I THIS DEED is executed and delivered by the grantors herein to the I grantees for the express purpose" of correcting certain errors I BOOK ~20 PAr.F ~21 I · BOOK ~20 PAGE 822 contained in the description ot an e~l1er deed trom the grantors herein to the grantees herein, wherein title to the premises herein ~escribed was conv~yed to the grantees. . . . \ ---.---.---......,.-"'-.... -. -.... a__. _ _ -...J._.. . !1. . . State of } ss. day of , .~A 'I the undersigned officer, persottally appeared I. S. Eber 1y and Anna Mary Eber ly , his wife, and Paul T. Shearer and Violena M. Shearer, his wife, , 19 61 , before me, J ' Pennsylvania County ()fCumberland On this, the 9fh known to me (or satisfactorily pr01Jen) to be the persO'll. 8 whose name are 81Lbseribed to the with- in instrument, and acknowledged that t hey executed same for the purposes therein contained. In witness whereof, 1 hereunto set my hand and official seal. .........."..... ...._.....2:~I~-... -.. .--d.~~t~~~t::~:II" " M G" - ",'. I' '. ' ,rs. ",OYS P. DEAN, otarypubllc ;.f',. /,::-' " ":','. #0 JeCHANICSBURQ ell : to : .1.. r; ~ . J', ~ . lilY I:;;;~;ion :;~:~:~~~"'T~t~ r~~'r j } '. :. ;.,~.'\,tWf;~i;' : i' "'~ .., ...~.;,.J..:...."'..... :....~..:- ss. ' , -'" " ,.... . day ot' ,i~~.~.~~~~io~:.~~, I State of County of On this, the the un,dersigned officer, personally appeared known to me (or satisfactorily pr01Jen) to be the person whose name subscribed to the with- in instrument, and acknowledged that executed same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. ..---.-.....-.-----.........-.--.......-.----........--.-......."-"---' ~ Title of Officer. CERTIFICATE OF RESIDENCE I do hereby certify that the precise residence and complete post office address of the within named grantee is: 900 Main Street, Oberlin, Penna. II; /" 19 (/ _.,/?:d.--L.~....../,./~.-.-....--...-----. Attorney for __.....__......__.._____.._...............____....____ 'tl s:l is . cd <::<: . - .: Il<< CD \\'::: I.' Ii-! . }:i . ;~ " '. ii~ ...t ., ;I S ;; "0 ~ J:i . 11.1 'a \~;;)\ ~ ..H CD BE.. ~~ IiI ~ 'tlCD>1i-! - U \\ (W ~Ii-! ...t U \ \i\\ ~ At ....'S:J tI1g I ~ ~;lcdlll ... .,. 0 '= \,V'i~;.;l;;:,;'\:, · \\-y j.;!n .... E-i :. ~ : ~Er ~t:! 0 ~.. .. ~~ .~ I tI)&1en ~~ ~ &h.: en :~::O:~:.~....m.. }8S' RECORDED on this.........lf~.---.-- do:y of ~.....-----..--...-.... A. D. 19.&1, in the Recorder's office of the said County, in Deed Book l! Vot ....,.~_____., Page ..___Z;;?/...m... RECOftDEll-OfPICE Of THI C~RK Of llOIIRTli & RECORDER OF DEEDS II: yS-/9A1 Givenu~~~~.~~~:::::::: CUMBERLANV CBUI.lT\' PENNSVlWANIi BOOK &20 PAGE 823 , . TOGETHER with all and singular the tenements, hereditaments and appurtenances to the same belonging, or in anywise appertaining, and the reversion aru!- reversions, remainder and re- mainders, rents, issues and profits thereof; and also, all the estate, right, title, interest, property, claiim and demand whatsoever, both in law and equity, of the said part ies of the first part, of, in, to or out of the said premises, and every part and parcel thereof. . . TO HAVE AND TO HOLD the said premises, with aU and singular the appurtenances, untQ the said partie tlJf the second part, their heirs and assigm, to and fw the only proper use and behoof of the said part iellbf the second part, their heirs and assigns forever. Received the day of the date. of the above Indenture of the above named the sum of Dollars, lawful money of the United States, being the consideration money above mentioned in full. Witness: __e........__._..._..___~.............._...______..._________....__......_______._ _.......____......_....._.._........._...________._.._.....__..__.._____._.___...............________.. STANUAlW AGRK~~NT FOR THE SALE OF REAL ESTATE This form recommended and approved for, but not restricted to use by, the members of the Pennsylvania Association ofREALTORS~ (PAR), A1S-R SELLER'S BU !NESS RELATIONSHIP WITH PA LICENSED BROKER ~GJ PHONE '+\'1- - /CR'1- -<i48-:r N, ~ F~ LlCENSEE(S) (\1\.0 rt<. e I WaD..K...Q,.Y- Designated Agent? 0 Yes 0 No BROKER IS THE AGENT FOR SELLER. OR (if checked below): Broker is NOT the Agent for Seller and is alan: 0 AGENT FOR BUYER 0 TRANSACTION LICENSEE L BUYER'S BUSINESS RELATIONSHIP WITH PA LICENSED BROKER BROKER (Company) a.w~~r~eo-l'~ L...LC- PHONE -rl"1-3b4 -3(jC:C) ADDRESS 30~, M[;H.t:~D_T S+-o C>'fne.. (J. JrO'{.3 F~ "1-11-- 3b~-3~3"3 LlCENSEE(S) e..11 ~...d1'\ 'S:+a.:.t-f~. Designated Agent? 0 Yes 0 No BROKER IS THE AGENT FOR BUYER. OR (if checked below): , Broker is NOT the Agent for Buyer and is alan: 0 AGENT FOR SELLER 0 SUBAGENT FOR SELLER 0 TRANSACTION LICENSEE 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 When the same Broker is Agent for Seller and Agent for Buyer, Broker is a Dual Agent. AU 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. 1. 'lEbis ~gteement, dated mar-c:..h . ;J t ri-Od 1- SEL~~~~S?:a. ~ 1~~[~,9s+r.J-e.. ~ _ _-'~~ ~ Gt~f(J1rJ lA.J. I./iOJL I l1) -81ifJP ~ BUYER(S): 1CiJ\'\J\.tia.... A-, Zl'w1mer-Il1Ql1 , is between 2 3 4 5 6 7 8 9 111 11 fi; j13 tJfI~ ~ , called "Seller," and , called "Buyer." 1. PROPERTY (9-05) Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: ALL THAT CERTAIN lo~ or .Riece of ground witl\ buildings a d improvements thereon erected, if any, known as: eJ r2.eservOlr ~ . l' I' Pt I':fl)~ in the. .-fa lJVl:SMf of e. County of C~) rvthp A.l aN1d in the Commonwealth of Pennsylvania. Iden' cation (e.g., Tax ID #; ~el #) Lot, Block; Deed Book, Page, Recording Date): 4 dd.8QLt~ '1 o..?!;':f- . 3. TERMS~ ~. ~ ~ (A) P6)~tjPAM~ . J ~~~. J~5jC(')(J/'n) (j'11: tJOO.d>JS.DOllars, which will be paid to Seller by Buyer as foUo : . '. I. Cash or check at signing this Agreement: . . $ I. 8'00 ., 60 , 2. Cash or check within _ days of the execution of this Agreement: $ 3. $ : 4. Cash or cashier's check at time of settlement: $ {f> .:z.~, J "~l ~ TOTAL $ I~' 11..4fJ!JtJ. (B) Deposits paid by Buyer within ~ DAYS of settlement will be by cash or cashier's check. Deposits, regardless of the form of payment the person designated as payee, will be paid in U.S. Dollars to Broker for Seller (unless otherwise stated here), , who will retain deposits in an escrow account until consummation or termination of this Agreement in conformity with all applicable laws anc1,.regulations. Any check tendered as deposit monies may be held uncashed pending the accep e of this A~ement. ~~~ '.;tt-......: . Seller's written approval to be on or before:' d-O 0 'i' -- Settlement to be on . , or Settlement will occur in the county liere the P perty is located or in an adjacent county, during normal b Seller agree otherwise. (F) Conveyance from Selier will be by fee simple deed of special warranty unless otherwise stated here: 23 24 25 26 27 28 29 30 31 32 33 (C) (0) (E) Buyer and Seller agree. hours, unless Buyer and (G) Payment oftrai1sf~ taxes will be divided equally between Buyer and Seller unless otherwise stated here: 34 35 36 37 38 39 411 41 (H) At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing where applicable: cur- rent taxes (see Information Regarding Real Estate Taxes); rents; interest on mortgage assumptions; condominium fees and homeowner asso- ciation fees; water and/or sewer fees, together with any other lienable municipal service. All charges will be pro-rated for the period(!;) cov- ered. Seller will pay up to and including the date of settlement and Buyer will pay for all days following settlement, unless otherwise stat- edheT' Buyer IJ,li . Seller Initials: AlS-R Page 1 of 10 Revised 9/05 c.u COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS~ 2005 9/05 ocIatlon of IB Penn. REALT REAi.JOilI ,.._... 43 . '44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 (A) INCLUDED in this sale are all existing items permanently installed in the Property, free of liens, including plumbing; heating; lighting fix- tures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers and transmitters; tele- vision antennas; unpotted shrubbery, plantings and trees; any remaining heating and cooking fuels stored on the Property at the time of set- tlement; sump pumps; storage sheds; mailboxes; wall to wall carpeting; existing window screens, storm windows and screen/storm doors; window covering hardware, shades and blinds; awnings; built-in air onditioners; built-in appliances; and e rangeloveq.unle s otherwise stated. Also included: nti ot'l.'Clv ' . 107 43 44 45 46 47 48 49 50 51 52 53 54 55 5& 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 Interest rate b t J,;}:; %; however, Buyer agrees to accept the Interest rate %; however, Buyer agrees to accept the 74 interest rate as may be committed by6the mortgage lender, not to interest rate as may be committed by the mortgage lender, not to 75 exceed a maximum interest rate of . 5 %. exceed a maximum interest rate of %. 76 Discount points, loan origination, loan placement and other fees charged Discount points, loan origination, loan placement and otherfees charged 77 by the lender as a percentage of the mortgage loan (excluding any mort- by the ~ender as a percentage of the mortgage loan (excluding any mort- 78 gage insurance premiums or VA funding fee) not to exceed gage" insurance premiums or VA funding fee) not to exceed 79 % (0% if not specified) of the mortgage loan. % (0% ifnot specified) of the mortgage loan. 80 The interest rate(s) and fee(s) provisions in paragraph 6 (A) are satisfied if the mortgage lender(s) gives Buyer the right to guarantee the interest rate(s) 81 and fee(s) at or below the maximum levels stated. Buyer gives Seller the right, at Seller's sole option and as permitted by law and the mortgage 82 lender(s), to contribute financially, without promise of reimbursement, to the Buyer and/or the mortgage lender(s) to make the above mortgage terms 83 available to Buyer. 84 (B) Within --111-. days (10 if not specified) from the Execution Date of this Agreement, Buyer will make a completed, written mortgage appli- 85 cation for the mortgage terms stated above to the mortgage lender(s) identified in paragraph 6 (A), if any, otherwise to a responsible mortgage 86 lender(s) of Buyer's choice. Broker for Buyer, if any, otherwise Broker for Seller, is authorized to communicate with the mortgage 87 lender(s) to assist in the mortgage loan process. 88 (C) Should Buyer furnish false or incomplete information to Seller, Broker(s), or the mortgage lender(s) concerning.Buyer's legal or A.~f).. financial status, or fall to cooperate in good faith in processing the mortgage loan application, which results in the mortgage lender(s) .J "48" refusing to approve a mortgage loan coml!itmen~Buyer will be in default of this Acrrepnu.n+ ~ .p..~ ~2Do"7 I' ~ \\ (D) 1. Mortgage commitment date: ~i~ J I J\,..o ~. 11 Seller does not receive a copy of Buyer's mortgage commitment(s) by this · 92 date, Buyer and. SeD. er agree to extend the mortgage commitment date until Sen. er terminates this Agreement by written no1ice to BUye~. . ~ 2. Upon receiving a mortgage commitment, Buyer will promptly deliver a copy of the commitment to Seller. t>'tl 3. Seller may terminate this Agreement in writing after the mortgage commitment date, if the mortgage commitment(s): 5 a. Is not valid until the date of settlement, OR 96 b. Is conditioned upon the sale and settlement of any other property, OR 97 c. ."' Does not satisfy all the mortgage terms as stated in paragraph 6 (A), OR 98 d {:;ontains any other condition not specified in this Agreement that is not satisfied and/or removed in writing by the mortgage lender(s) 99 within-L. DAYS after the mortgage commitment date in paragraph 6 (D) (1), other than those conditions that are customari- 100 ly satisfied at or near settlement, such as obtaining insurance and confirming employment status. 101 4. If this Agreement is terminated pursuant to paragraphs 6 (0) (1) or (3), or the mortgage loan(s) is not obtained for settlement, all deposit monies 102 will be returned to Buyer according to the terms of paragraph 30 and this Agreement will be VOID. Buyer will be responsible for any costs incurred 103 by Buyer for any inspections or certifications obtained according to the terms of this Agreement, and any costs incurred by Buyer for: (1) Title 104 search. title insurance and/or mechanics' lien insurance, or any fee for cancellation; (2) Flood insurance and/or fire insurance with extended cov- 105 ~' . e subSi~ce insurance, or any fee for cancellation; (3) Appraisal fees and charges paid in advance to mortgage lender(s). 106 Buyer Initi '__ AlS-R Page Z of 10 Seller Initials: .J Of> 107 Revised 9/05 C W '" (B) LEASED items (not owned by Seller): (C) EXCLUDED fixtures and items: S. DATESITIME IS OF THE ESSENCE (9-95) (A) The settlement date and all other dates and times referred to for the performance of any of the obligations of this Agreement are of the essence and are binding. (B) For purposes of this Agreement, the number of days will be counted from the date of execution, excluding the day this Agreement was exe- cuted and including the last day of the time period The Execution Date of this Agreement is the date when Buyer and Seller have indicated full acceptance of this Agreement by signing and/or initialing it All changes to this Agreement should be initialed and dated. (C) The settlement date 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 Buyer and Seller. All pre-printed time periods are negotiable and may be changed by striking out the pre-printed text and inserting a different time period acceptable to all parties. 6. MORTGAGE CONTINGENCY (9~05) o WAIVED. This sale is NOT contingent on mortgage financing, although Buyer may still obtain mortgage financing. ~ ELEcrED. (A) This sale is contingent upon Buyer obtaining mortgage financing as follows: 'First Mortgage on the ~per1L ._~ 0:0 Second Mortgage on the Property Loan Amount $ of I ~b) '+-50 , Loan Amount $ Minimum Term . I ~ years, Minimum Term years 'JYpe of mortgage (' ue.M'I\ivv..il Type of mortgage Mortgage lender (\1~mfu..,v.) 1.3.t . Mortgage lender \~J .LI. -..... &&U,I&"eI""6'" n..,uu""'"\"'h v'" u.u. .I..lJOW,,",.L p.LvuUJ..1.J.5 p~v!^,u., QUu.....a..3UCIJ.t.)' ~w.a.u'"""" GO) J.'"^iLLll\,.oU U) WI;; l11U~_LCQ.OI;; ll;..UU\:il\,"'h J.'C'iUll'C~ 1'CjJCUJ.3 IAJ we IUD 109 Property, Buyer will, upon receiving the requirements, deliver a copy of the requirements to Seller. Within --L DAYS of receiving the copy 109 . t 110 of the requirements, Seller will notify Buyer whether Seller will make the required repairs at Seller's expense. 110 111 1. If Seller makes the required repairs to the satisfaction of the mortgage lender(s) or insurer, Buyer accepts the Property and agrees to the 111 112 RELEASE in paragraph 27 of this Agreement. 112 113 2. If Seller will not make the required repairs, or if Seller falls to respoDd withiD the time given, Buyer will, within --L DAYS, notify 113 114 Seller of Buyer's choice to: 114 115 a. Make the required repairs, at Buyer's expense, with permission and access to the Property given by Seller; permission and access may 115 116 not be unreasonably withheld by Seller, OR 116 117 b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 117 118 30 of this Agreement. 118 119 (F) Seller Assist 119 120 ..... NOT APPLICABLE 120 121 0 APPLICABLE. Seller will pay: 121 122 0 $ , or % of Purchase Price, maximum, toward Buyer's costs as acceptable to the mortgage lender(s). 122 1~ 0 1~ 124 FRANA, IF APPLICABLE 124 125 (G) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the e of 125 126 the Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless Buy been given, in 126 127 accordance with HUDIFHA or VA requirements, a written statement by the Federal Housing Commissioner, Ve Administration, or a 127 128 Direct Endorsement Lender setting forth the appraised value of the Property of not less than $ (the dollar amount 128 129 to be inserted is the sales price as stated in this Agreement). Buyer will have the privilege and of proceeding with consummation of 129 130 the contract without regard to the amount of the appraised valuation. The appraised val IS arrived at to determine the maximum mort- 130 131 gage the Departinent of Housing andVrban Development will insure. HUD d ot warrant the value nor the condition of the Property. 131 132 Buyer should satisfy himself7herselfthat the price and condition ofth erty are acceptable. 132 133 Warning: Section 1010 of Title 18, V.S.C., Department ousing and Vrban Developmentand Federal Housing Administration 133 134 . Transactions, provides, ''Whoever for the purpose of .. iirlluencing in any way the action of such Department, makes, passes, utters or 134 135 publishes any statement, knowing the samee. . . shall be fined under this title or imprisoned notmore than two years, or both." 135 136 (H) U.S. Department of Housing and U evelopmeDt (BUD) NOTICE TO PURCHASERS: Buyer's Acknowledgement 136 137 0 Buyer has received th Notice "For Your Protection: Get a Home InspectiOD." Buyer understands the importance of getting 137 138 an independeri e inspection and has thought about this before signing this Agreement. Buyer understands that FHA will not 138 139 perfo ome inspection nor guarantee the price or condition of the Property. 139 140 (I) Certifi. D We the undersigned, Seller(s) and Buyer(s) party to this transaction each certify that thetermsof this contract for purchase 140 141 to the best of our knowledge and belief; and that any other agreement entered into by any of these parties in connection with this 141 142 transaction is attached to this Agreement 142 143 7. WAIVER OF CONTINGENCIES (9-05) 143 144 H this Agreement is cODtingeDt OD Buyer's right to inspect aDd/or repair the Property, or to verify insurability,environmeDtal cODditions, 144 145 boundaries, certificatioDs, zoning classificatioD or use,.or any other infOrmatiOD regarding the Property, Buyer's fallure to exercise any of 145 146 Buyer's options within the times set forth in this Agreement is a WAIVER ofthat contingeDCY and Buyer accepts the Property and agrees to 146 147 the RE~EASE in paragraph 27 of this Agreement. 147 1~. PROPERTY INSURANCE AVAILABILITY (9-05) . 148 1 JI. WAIVED. This Agreement is NOT contingent upon Buyer obtaining property and casualty insurance for the Property, although Buyer may 149 150 ~. still obtain property and casualty insurance. 150 151 ~ \. LECTED. Contingency Period: _ DAYS (15 if not specified) from the Execution Date of this Agreement. 151 1~ '0) "C' Ithin the CODtingency Period, Buyer will make application for property and casualty irisurance for the Property to a responsible insurer. Broker 152 lV" D.. for Buyer, if any, otherwise Broker for Seller, may communicate with the insurer to assist in the insurance process. If Buyer cannot obtain 153 15\\\V property and casualty insurance for the Property on terms and conditions reasonably acceptable to Buyer, Buyer will, within the CODtingeDCY 154 15P Period: 155 156 (A) Accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, OR 156 157 (B) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of this 157 158 Agreement, OR 158 159 (C) Enter into a mutually acceptable written agreement with Seller. 159 160 HBuyer aDd Seller do not reach a written agreement during the Contingency Period, aDd Buyer does not terminate this AgreemeDt by 160 161 written Dotice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 ofthis AgreemeDt. 161 162 9. INSPECTIONS (9-05) 162 163 (A) Seller will provide access to insurers' representatives and, as may be required by this Agreement, to surveyors, municipal officials, and inspec- 163 164 tors. If Buyer is obtaining mortgage financing, Seller will provide access to the Property to appraisers and others reasonably required by mort- 164 165 gage lendet(s.). Buyer may attend any inspections. 165 166 (B) Buyer may.Jriake a pre-settlement walk-through inspection of the Property. Buyer's right to this inspection is not waived by any other provision 166 167 of this Agreement. 167 168 (C) Seller will have heating and all utilities (including fuel(s)) on for all inspections. 168 169 (0) All inspectors, including home inspectors, are authorized by Buyer to provide a copy of any inspection report to Broker for Buyer. 169 170 (E) Seller has the right, upon request, to receive without charge a copy of any inspection report from the party for whom it was prepared. 170 171 B_~ AlS-R Page 3 of 10 Revised 9/05 Seller Initials: -J n8 (;.~ y 171 172 10. INSPECTION CONTINGENCY OPTIONS (9-05) 172 .173 . The inspection contingencies elected by Buyer in paragraphs 11-15 are controlled by the Options set forth below. The time periods stated in 173 174 these Options will apply to all inspection contingencies" in paragraphs. 1 1-15 unless otherwise stafed in this Agreement. 174 175 Option 1. Within the Contingency Period, as stated in paragraphs 11-15, Buyer will: 175 176 1. Accept the Property with the information stated iiJ. thereport(s) and agree tb the RELEASE in: paragraph 27 of this Agreement, OR 176 177 2. If Buyer is not satisfied with the information stated in the report(s), terminate this Agreement by written notice to Seller, with all deposit 177 178 monies returned to Buyer according to the terms of paragraph 30 of this Agreement, OR 178 179 3. Enter into a mutually acceptable written agreement With Seller providing for any repairs or improvements to the Property and/or any 179 180 credit to Buyer at settlement, as acceptable to the mortgage lender(s), if any. 180 181 H Buyer and Seller do not reach a written agreement during the specified Contingency Period, and Buyer does not terminate this 181 182 Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 182 183 27 of this Agreement. 183 184 Option 2. Within the Contingency Period, as stated in paragraphs 11-15, Buyer will: 184 185 1. Accept the Property with the information stated in the report(s) and agree to the RELEASE in paragraph 27 of this Agreement, OR 185 186 2. If Buyer is not satisfied with the information stated in the report(s), present the report(s) to Seller with a Written Corrective Proposal 186 187 ("Proposal") listing corrections anellor credits desired by Buyer. The Proposal may, but is not required.to, include the name of a prop- 187 188 erly licensed or qualified professional to perform the corrections requested in the Proposal, provisions for payment, including retests, and 188 189 a projected date for completion of the corrections. Buyer agrees that Seller will not be held liable for corrections that do not comply with 189 190 mortgage lender or governmental requirements if performed in a worlananlike manner according to the terms of Buyer's Proposal, or by 190 191 a contractor selected by Buyer. 191 192 a. Within _ days (7 ifnot specified) of receiving Buyer's Proposal, Seller will inform Buyer in writing of Seller's choice to: 192 193 (1) Satisfy the terms ofBtiyer'sProposal, OR 193 194 (2) Credit Buyer at settlement for the costs to satisfy the terms ofBuyef's Proposal; as acCeptable to the mortgage lender(s), if any, OR 194 195 (3) Not satisfy the terms of Buyer's Proposalllndnot credit Buyer at settlement forthe costs to satisfy the terms of Buyer's Proposal. 195 196 b. If Seller agrees to satisfy the terms of Buyer's Proposal orto credit Buyer at settlement as specified above, Buyer accepts the Property 196 197 and agrees to the RELEASE in paragraph 27 of this Agreement. 197 198 C. If Seller chooses not to satisfy the terms of Buyer's Proposal and not to credit Buyer at settlement as specified above, or if Seller fails 198 199 to ebooSeail.y option within the timegiven,.Buyerwill;'within.:.:.::....:... days (5 ifnot specified): 199 . 200 . (1) Acceptthe Property with the information: statedmthe report(s ) and agree to the RELEASEiiJ. pliragraph 27 dfthis Agreement; OR 200 201 . (2j Terminate this Agreement by written notice to Seller, with all deposit monies retumedto Buyer according to the terms of para- 201 202 . graph 30 of this Agreement, OR 202 203 . (3). . Enter into a mutually acceptable written agreement with Seller providing for any repairs or improvements to the Property and/or 203 204 any credit to Buyer at settlement, as acceptable to the1l1ortgage lender(s);if any. 204 205 HBuyer and Seller do not reach.a written agreement during the time specified in Option 2, 2. c., and Buyer does not ter- 205 206 . . ., :li:iinalethiS Agreement byWrltten notice 'to . seller, within. tlult ,time, Buyer will.ateeept" the. Property .liild ilgteetO the 206' 207 ., '.RELEASE in'p8tagraph21.ofthiSAgreeinent.'o' ~..,., .. >, 207 208 11. PROPERTY:INSPECTION CONTINGENCY (9-05) (See Property lInd EriVirorinierital :Inspection Notices).' . 208 209 Buyer understarids:thafimJperly iilSpectionll, ceitificationsimd!Oi"::i.iJ.vestigatio~clin be peIfonnedby professional contnictors, home inspectOrs, 209 210 engineers, architects and other properly licensed or otherwise qualified pto~sSioriaJs;;aild may:mclude,bUt.are net liniited t(bstruGtural cbmpo- 210. 211 nents; roof; exterior windows and exterior doors; exterior siding, fascia, gutters and downspouts; swimming pools, hot tubs and spas; appliances; 211 212 electrical, plumbing, heating'and cooling systems; water penetration; environmental hazards (e.g., mold, fungi, indoor air quality, asbestos, under- 212 213 ground storage tanks, etc.); electromagnetic fields; wetlands inspection; flood plain verification; property boundary/square footage verification; 213 214 and any other items Buyer may select. Buyer is advised to investigate easements, deed and use restrictions (including any historic preservation 214 215 restrictions or ordinances) that apply to the Property and to review local zoning ordinances. Other provisions of this Agreement may provide for 215 216 inspections, certifications and/or investigations that are not waived or altered by Buyer's election here. 216 217 0 WAIVED. Buyer has the option to conduct property inspections, certifications and/or irivestigations. Buyer WAIVES TIllS OPTION and 217 218 agrees to the RELEASE in paragraph 27 of this Agreement. 218 219 B ELECTED. Contingency Period:..l.5 days (15 ifnot specified) from the Execution Date of this Agreement. 219 220 (A) Within the Contingency Period, Buyer, at Buyer's expense, may have inspections, certifications and/or investigations co~pleted by proper- 220 221 ly licensed or otherwise qualified professionals. If Buyer elects to have a home inspection of the Property, as defined in the Pennsylvania Home 221 222 Inspection Law (see Information Regarding the Home Inspection Law), the home inspection must be performed by a full member in good stand- 222 223 ing of a national home inspection association or a person supervised by a full member of a national home inspection association, in accordance 223 224 with the ethical standards and code of conduct or practice of that association, or by a properly licensed or registered professional engineer, or a 224 225 properly licensed or registered architect. This contingency does not apply to the following existing conditions and/or items: 225 226 226 227 227 228 (B) If Buyer is not satisfied with the condition of the Property as stated in the written inspection report(s), Buyer will proceed under one of the fol- 228 229 lowing Options as listed in paragraph 10 within the Contingency Period: 229 230 S Opdonl 230 231 0 opti(;~ 2 For the purposes of Paragraph 11 only, Buyer agrees to accept the Property with the results of any report(s) and agrees to 231 232 the RELEASE in paragraph 27 of this Agreement if the total cost to correct the conditions stated in the report(s) is less than 232 233 $ ($0 if not specified) (the "Deductible Amount"). Otherwise, all provisions of paragraph 10, Option 2, shall 233 234 apply, except that Seller will be deemed to have satisfied the terms of Buyer's Proposal if Seller agrees to perform corrections 234 235 or offer credits such that the cumulative cost of any uncorrected or uncredited condition(s) is equal to the Deductible Amount. 235 236 -~ A/S-R Page 4 of 10 Revised 9/05 Seller Initials: ~ n {!, kill 236 237 12. WOOD INFESTATION INSPECTION CONTINGENCY (9-05) 237 . '238 · 0 WAIVED. Buyer has the option to have the Property inspected for wood infestation by an inspector certified as a wood-destroying pests pesti- 238 239 cide applicator. BUYER WAIVES THIS OPTION and agrees to the RELEASE in paragraph 27 of this Agreement. 239 240 iii ELECTED. Contingency Period: J!;L days (15 ifnot specified) from the Execution Date of this Agreement. 240 241 (A) Within the Contingency Period, Buyer, at Buyer's expense, may obtain a written "Wood-De~troying Insect Infestation Inspection Report" 241 242 from an inspector certified as a wood-destroying pests pesticide applicator and will deliver it and all supporting documents and drawings pro- . 242 243 vided by the inspector to Seller. The report is to be made satisfactory to and in compliance with applicable laws, mortgage lender requirements, 243 244 and/or Federal Insuring and Guaranteeing Agency requirements, if any. The inspection is to be limited to all readily visible and accessible areas 244 245 of all structures on the Property except fences and the following structures, which will not be inspected: 245 ~ ~ 247 (8) If the inspection reveals active infestation(s), Buyer, at Buyer's expense, may within the Contingency Period, obtain a Proposal from a wood- 247 248 destroying pests pesticide applicator to treat the Property. 248 249 (C) If the inspection reveals damage from active or previous infestation(s), Buyer, at Buyer's expense, may within the Contingency Period, obtain 249 250 a written report from a professional contractor, home inspector or structural engineer that is limited to structural damage to the Property caused 250 251 by wood-destroying organisms and a Proposal to repair and/or treat the Property. 251 252 (D) If Buyer is not satisfied with the condition of the Property as stated in the written inspection report(s), Buyer will proceed under one of the fol- 252 253 lowing Options as listed in paragraph 10 within the Contingency Period: 253 254 1fJ Option 1 254 255 0 Option 2 255 256 13. STATUS OF RADON (9-05) (see Information Regarding Radon) 256 257 (A) Seller has no knowledge concerning the presence or absence of radon unless checked below: 257 258 0 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 258 259 results of all tests indicated below: 259 260 DATE TYPE OF TEST RESULTS (picoCuriesJ1iter or working levels) 260 ~ ~ 262 262 263 0 4. Seller has knowledge that the Property underwent radon reduction measures on the date(s) and by the method(s) indicated belOw: 263 264 DATE RADON REDUCTION MElHOD 264 265 265 266 266 267 COPIES OF ALL AVAILABLE TEST REPORTS will be delivered to Buyer with this Agreement. SELLER DOES NOT WARRANT 267 268 .0 EIlHER 1HE MElHODS OR RESULTS OF 1HE TESTS. 268 269 N INSPECTION CONTINGENCY 269 270 WAIVE]j. Buyer has the option to have the Property inspected for radon by a certified inspector. BUYER WAIVES THIS OPTION and 270 271 agrees to the RELEASE in paragraph ~ of this Agreement. 271 .' Period: J.6.. days (15 if not specified) from the Execution Date of this Agreement. 272 273 Within the Contingency Period, Buyer, at Buyer's expense, may obtain a radon test of the Property from a certified inspector. If Seller 273 274 performs any radon remediation, Seller will provide Buyer a certific~tion that the remediation was performed by a properly licei1sed and 274 275 certified.radon mitigation company. . . 275 276 I. If the written test report reveals the presence of radon below 0.02 working levels or 4 picoCuries/liter (4 pCi/L), Buyer accepts the 276 277 Property and agrees to the RELEASE in paragraph 27 of this Agreement 277 278 2. If the written.test report reveals the presence of radon at or exceeding 0.02 working levels or 4 picoCuries/liter (4 pCi/L), Buyer will 278 279 proceed under one of the following Options as listed in paragraph 10 within the Contingency Period: 279 ~ ~ 1 ~ 281 0 Option 2 281 282 14. STATUS OF WATER (9-05) 282 283 (A) Seller represents that the Property is served by: 283 284 Ii!- Public Water 284 285 0 On-site Water 285 286 0 Community Water 286 287 0 None 287 268 0 268 289 (8) WATER SERVICE INSPECTION CONTINGENCY 289 290 0 WAIVED. Buyer has the option to have an inspection of the quality and or quantity of the water system for the Property. BUYER WAIVES 290 291 THIS OPTION and agrees to the RELEASE in paragraph 27 of this Agreement 291 292 0 ELECTED. Contingency Period: _ days (15 if not specified) from the Execution Date of this Agreement 292 293 I. Within the Contingency Period, Buyer, at Buyer's expense, may obtain an inspection of the quality and/or quantity of the water sys- 293 294 .. tern from a properly licensed or otherwise qualified water/well testing company. 294 295 2'. ., If}'equired by the inspection company, Seller, at Seller's expense, will locate and provide access to the on-site (or individual) water 295 296 ..' system. Seller also agrees to restore the Property, at Seller's expense, prior to settlement 296 297 3. If Buyer is not satisfied with the condition of the water system as stated in the written inspection report(s), . Buyer will proceed under 297 298 one of the following Options as listed in paragraph 10 within the Contingency Period: 298 299 0 Option 1 299 300 0 Option 2 300 301 .;' AlS-R Page 5 of 10 Revised 9/OS Seller Initials: ..J ()~ C.w " 301 302 .303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 34S 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 15. STATUS OF SEWER (9-05) 302' (A) Seller represents that the Property is served by: 303 'BI Public Sewer 304 o Individual On-lot Sewage Disposal System (see Sewage Notice 1) 305 o Individual On-lot Sewage Disposal System in Proximity to Well (see Sewage Notice 1; see Sewage Notice 4, if applicable) 306 o Community Sewage Disposal System 307 o Ten-Acre Permit Exemption (see Sewage Notice 2) 308 o Holding Tank (see Sewage Notice 3) 309 o None (see Sewage Notice 1) 310 o None AvailablelPermit Limitations in Effect (see Sewage Notice 5) 311 o 312 (B) INDIVIDUAL ON-LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY 313 o WAIVED. Buyer has the option to have an inspection of the individual on-lot sewage disposal system for the Property. BUYER 314 WAIVES TIllS OPTION and agrees to the RELEASE in paragraph 27 of this Agreement 315 o ELECTED. Contingency Period: _ days (15 if not specified) from the Execution Date of this Agreement. 316 1. Within the Contingency Period, Buyer, at Buyer's expense, may obtain an inspection of the individual on-lot sewage disposal sys- 317 tern from a qualified, professional inspector. 318 2. If and as required by the inspection company, Seller, at Seller's expense, will locate, provide access to and empty the individual on- 319 lot sewage disposal system. Seller will also restore the Property, at Seller's expense, prior to settlement 320 3. If the inspection report reveals defects that do not require expansion or replacement of the existing individual on-lot sewage disposal 321 system, Buyer will proceed under one of the following Options as listed in paragraph 10 within the Contingency Period: 322 o Option 1 323 o Option 2 324 4. If the inspection report reveals the need to expand or replace the existing individual on-lot sewage disposal system, Seller may, 325 within ......2L DAYS of receiving the inspection report, submit a Written Corrective Proposal ("Proposal") to Buyer. The Proposal 326 will include, but not be limited to, the name of the company to perform the expansion or replacement; provisions for payment, includ- 327 ing retests; and a projected completion date for corrective measures. Within ---L- DAYS of receiving Seller's Proposal, or if no 328 Proposal is provided within the time given, Buyer will notify Seller in writing of Buyer's choice to: 329 a. Agree to the terms of the Proposal, if any, whereupon Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of 330 this Agreement, OR 331 b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of para- 332 graph 30 of this Agreement 333 c. Accept the, Property and the existing system and agree to the RELEASE in paragraph 27 of this Agreement, and, if requited by 334 any mortgage lender and/or any governmental authority, correct the defects before settlement or within the time required by the 335 mortgage lender and/or governmental authority, at Buyer's sole expense, and with permission and access to the Property given by 336 Seller. Permission and access may not be unreasonably withheld by Seller. If Seller denies Buyer permission and/or access to cor- 337 reet the defects, Buyer may, within ---L-DAYS of Seller's denial, terminate this Agreement by written notice to Seller, with all 33S deposit monies returned to Buyer according to the terms of paragraph 30 of this Agreement 339 16. HOME WARRANTIES (9-05) . '. 340 At or before settlement, either party may have the opportunity to purchase a home warranty for the Property from a third-party vendor. Buyer and 341 Seller understand that a home warranty for the Property does not alter any disclosure requirements of Seller, will not cover or warrant any pre- 342 existing defects of the Property, and will not alter, waive or extend any provisions of this Agreement regarding inspections or certifications that 343 Buyer has elected or waived as part of this Agreement. Buyer and Seller understand that the licensee, broker or mortgage lender who orders the 344 home warranty may possibly receive a fee paid by the home warranty company. 345 17. ZONING CLASSIFICATION & VERIFICATION OF USE CONTINGENCY (9-05). 346 (A) Failure of this Agreement to contain the zoning classification (except in cases where the property {and each parcel thereof, if subdividable} is 347 zoned solely or primarily to permit single-family dwellings) will render this Agreement voidable at Buyer's option, and, ifvoided, any deposits 348 tendered by the Buyer will be returned 19 the BJlYe.! without any requirement for court action. 349 Zoning Qassification: h~ d~M.-d7", Q 350 (B) Contingency Period: _ days (7 if not specified) from the Execution Date of this Agreement 351 Within the Contingency Period, Buyer, at Buyer's expense, may verify that the present use ( 352 of the Property is permitted. In the event the present use is not permitted, Buyer will, within the Contingency Period, give Seller written 353 notice that the present use of the Property is not permitted and that Buyer will: 354 1. Accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, OR 355 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of 356 this Agreement. . 357 IT Buyer falls to respond within the Contingency Period or does not terminate this Agreement by written notice to Seller within that 358 time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement. 359 18. NOTICES;.ASS~SSMENTS & CERTIFICATES OF OCCUPANCY (9-05) 360 (A) Seller represents, as of the date Seller signed this Agreement, that no public improvement, condominium or homeowner association assessments 361 have been made against the Property which remain unpaid, and that no notice by any government or public authority has been served upon Seller 362 or anyone on Seller's behalf, including notices relating to violations of zoning, housing, building, safety or fire ordinances that remain uncor- 363 rected, and that Seller knows of no condition that would constitute a violation of any such ordinances that remain uncorrected, unless otherwise 364 specified here: 365 (B) Seller mows of no other potential notices (including violations) and/or assessments except as follows: 366 -~ AlS-R_'.f1. __......., -<lbo. c.,~ Revised 9/05 369 (C) In the event any notices (including violations) and/or assessments are received after' Seller hils signed this Agreement and betore settlement, 369 .370 Seller will provide a copy of the notices and/or assessments to Buyer and will notify Buyer in writing within -L DAYS of receiving the 370 371 notices and/or assessments that Seller will: 371 372 I. Fully comply with the notices and/or assessments at Seller's expense before settlement If Seller fully complies with the notices and/or 372 373 assessments, Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreement. OR 373 374 2. Not comply with the notices and/or assessments. If Seller chooses not to comply with the notices and/or assessments, or fails within the 374 375 time given to notify Buyer whether Seller will comply, Buyer will notify Seller in writing within ~ DAYS that Buyer will: 375 376 a. Comply with the notices and/or assessments at Buyer's expense, accept the Property, and agree to the RELEASE in paragraph 27 of 376 377 this Agreement, OR 377 378 b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 378 379 30 of this Agreement 379 380 H Buyer fails to respond within the time stated in paragraph 18 (C) (2) or fails to terminate this Agreement by written notice to 380 381 Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement. 381 382 (D) Ifrequired by law, within~ DAYS from the Execution Date of this Agreement, but in no case later than 15 days prior to settlement, Seller 382 383 will order at Seller's expense a certification from the appropriate municipal department(s) disclosing notice of any uncorrected violations of zon- 383 384 ing, housing, building, safety or fire ordinances and/or a certificate permitting occupancy of the Property. If.Buyer receives a notice of any 384 385 required repairs/improvements, Buyer will promptly deliver a copy of the notice to Seller. ' 385 386 1. Within -L DAYS of receiving notice from the municipality that repairs/improvements are required, Seller will notify Buyer in writ- 386 387 ing that Seller will: 387 388 a. Make the required repairs/improvements to the satisfaction of the municipality. If Seller makes the required repairs/improvements, 388 389 Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreement. OR 389 390 b. Not make the required repairs/improvements. If Seller chooses not to make the required repairs/improvements, Buyer will notify 390 391 Seller in writing within .~ DAYS that Buyer will: 391 392 (1) Make the repairs/improvements at Buyer's expense, with permission and access to the Property given by Seller, which will not 392 393 be unreasonably withheld, OR 393 394 (2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of para- 394 395 graph 30 of this Agreement 395 396 HBuyer fails to respond within the time stated in paragraph 18 (D) (1) (b) or fails to terminate this Agreement by written notice 396 397 to Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 210f this Agreement, and Buyer 397 398 accepts the responsibility to perform the repairs/improvements according to the terms of the notice provided by the municipality. 398 399 2. If Seller denies Buyer permission to make the required repairs/improvements, or does not provide Buyer access before settlement to make 399 400 the required repairs/improvements, Buyer may, within ~ DAYS, terminate this Agreement by written notice to Seller, with all deposit 400 401 monies returned to Buyer according to the terms of paragraph 30 of this Agreement. 401 402 3. Ifrepairs/improvements are required and Seller fuils to provide a copy of the notice to Buyer as required in paragraph 18 (D), Seller will 402 403 perform all repairs/improvements as required by the notice at Seller's expense. Paragraph 18 (D) (3) will survive settlement. 403 404 (E) Access to a public road may require issuance of a highway occupancy permit from the Department of Transportation. 404 405 19. TITLE, SURVEYS & COSTS (9-05) 405 406 (A) The Property will be conveyed With good and marketable title as is insurable by a reputable title insurance company at the regular'rates, free and 406 407 clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the following: existing deed restrictions; historic preservation 407 408 restrictions or ordinances; building restrictions; ordinances; easements of roads; easements visible upon the ground; easements of record; and 408 409 privileges or rights of public service companies, if any. 409 410 (B) Buyer will pay for the following: (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; 410 411 (2) Flood insurance, fire insurance with extended coverage, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees and 411 412 charges paid in advance to mortgage lender(s); (4) Buyer's customary settlement costs and accruals. 412 413 (C) Any survey or surveys required by the title insurance company or the abstracting attorney for preparing an adequate legal description of the 413 414 Property (or the correction thereof) will be obtained and paid for by Seller. Any surveyor surveys desired by Buyer or required by the mortgage 414 415 lender will be obtained and paid for by Buyer. 415 416 (D) If Seller is unable to give a good and marketable title and such as is insurable by a reputable title insurance company at the regular rates, as specified 416 417 in paragraph 19 (A), Buyer will: 417 418 1. Accept the Property with such title as Seller can give, with no change to the purchase price, and agree to the RELEASE in paragraph 27 of this 418 419 Agreement, OR _ 419 420 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of 420 421 this Agreement Upon termination, Seller will reimburse Buyer for any costs incurred by Buyer for any inspections or certifications obtained 421 422 according to the terms of this Agreement, and for those items specified in paragraph 19 (B) items (1), (2), (3) and in paragraph 19 (C). . 422 423 (E) The Property is not a "recreational cabin" as defined in the Pennsylvania Construction Code Act unless otherwise stated here (see Information 423 424 Regarding Recreational Cabins): 424 425 20. CONDOMINIUMlPLANNED COMMUNITY (HOMEOWNER ASSOCIATION) RESALE NOTICE (9-05) 425 426 R. NOT APPLICABLE 426 427 0 APPL~<;;ABLE: CONDOMINIUM. The Property is a unit of a condominium that is primarily run by a unit owners' association. ~3407 of the' 427 428 Uniform:9podominium Act of Pennsylvania (see Information Regarding Condominiums and Planned Communities) requires Seller to furnish 428 429 Buyer with a Certificate of Resale and copies of the condominium declaration (other than plats and plans), the bylaws and the rules and regula- 429 430 tions of the association. 430 431 0 APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOCIATION). The Property is part of a planned community as defined by 431 432 the Uniform Planned Community Act (see Information Regarding Condominiums and Planned Communities). ~5407(a) of the Act requires 432 433 Seller to furnish Buyer with a copy of the Declaration (other than plats and plans), the bylaws the rules and regulations of the association, and 433 434 a C rtificate containing the provisions set forth in ~5407(a) of the Act. 434 AlS-R Page 7 of 10 Revised 9/05 Seller Initials: .\'b~ ~W\o\435 435 ....I...L.&:I "''''~.&J'-'''..I.J.''I'''' n..a... .LI.&.a:.I"'" ..'-'... "''''... .&:.I...'-....&.a:.Il.:J ..~ "'-1.'-1.:.1 ".l"~":"" "'...' ~ ....,"'~,...,"'~,...LlJ."'..u~,.... ""'''~.a. .I.J.l'1J.'~'~"" '-""J.,.......y..."'~"I........ 437 (A) Within -1L DAYS from the Execution Date of this Agreement, Seller, at Seller's expense, will request from the association a Certificate of 437 438 Resale and any other documents necessary to enable Seller to comply with the relevant Act The Act provides that the association is required to 438 439 provide these documents within 10 days of Seller's request. 439 440 (B) Seller will promptly deliver to Buyer all documents received from the association. Under the Act, Seller is not liable to Buyer for the failure of 440 441 the association to provide the Certificate in a timely manner, nor is Seller liable to Buyer for any incorrect information provided by the associ- 441 442 ation in the Certificate. 442 443 (C) The Act provides that Buyer may declare this Agreement VOID at any time before Buyer receives the association documents and for 5 days after 443 444 receipt, OR until settlement, whichever occurs first. Buyer's notice to Seller must be in writing; upon Buyer declaring this Agreement void, all 444 445 deposit monies will be returned to Buyer according to the terms of paragraph 30 of this Agreement 445 446 (D) If the association has the right to buy the Property (right of first refusal), and the association exercises that right, Seller will reimburse Buyer for 446 447 any costs incurred by Buyer for any inspections or certifications obtained according to the terms of the Agreement, and any costs incurred by Buyer 447 448 for: (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; (2) Flood insurance and/or fire insurance with 448 449 extended coverage, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees and charges paid in advance to mortgage lender(s). 449 450 21. MAINTENANCE & RISK OF LOSS (9-05) 450 451 (A) Seller will maintain the Property, grounds, fixtures and personal property specifically listed in this Agreement in its present condition, normal 451 452 wear and tear excepted. 452 453 (B) If any system or appliance included in the sale of the Property fails before settlement, Seller will: 453 454 1. Repair or replace the fulled system or appliance before settlement, OR 454 455 2. Provide prompt written notice.to Buyer of Seller's decision to: 455 456 a. Credit Buyer at settlement for the fair marlret value of the failed system or appliance, as acceptable to the mortgage lender(s), if any, OR 456 457 b. Not repair or replace the failed system or appliance, and not credit Buyer at settlement for the fair IIllI1'ket value of the failed system 457 458 or appliance. 458 459 3. If Seller does not repair or replace the failed system or appliance or agree to credit Buyer for its fair market value, or if Seller fails to noti- 459 460 fy Buyer of Seller's choice, Buyer will notify Seller in writing within ~ DAYS or before settlement, whichever is earlier, that Buyer 460 ~ ~ ~ 462 a Accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, OR 462 463 b. Termiriate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 463 464 30 of this Agreement 464 465 (C) Seller bears the risk ofloss from fire or other casualties until settlement If any property included in this sale is destroyed and not replaced, Buyer will: 465 466 1. Accept the Property in its then current condition together with the proceeds of any insurance recovery obtainable by Seller, OR 466 467 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of 467 468 this Agreement 468 469 22. COAL NOTICE (Where App6cable) 469 470 TIns DOCUMENT MAY Nor SELL, CONVEY, TRANSFER. INCLUDE OR INSURE THE 1ITLE TO THE COAL AND RIGlITS OF SUPPORT UNDERNEAIH THE SURFACE LAND 470 471 DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE AIL SUCH COAL AND 471 472 IN tHAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BunnING OR OTIIER. STRUCTlJRE ON OR IN SUCH LAND. (This 472 473 notice is set forth in the manner provided in Section 1 of the Act of July 17, 1957, PL. 984.) "Buyer acknowledges that he may not be obtaining the 473 474 right of protection against subsidence resulting from coal mining operations, an,d that the property described herein may be protected from damage 474 475 due to mine subsidence by a private contract with the owners of the economic interests in the coal. This acknowledgement is made for the purpose 475 476 of complying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27. 1966." Buyer agrees 476 4n to sign the deed from Seller which deed will contain the aforesaid provision. 477 478 23. POSSESSION (9-05) 478 479 (A) Possession is to be delivered by deed, keys and: 479 480 1. Physical possession to vacant Property free of debris, with all structures broom-clean, at day and time of settlement, AND/OR 480 481 2. Assignment of any existing lease(s), together with any security deposits and interest, at day and time of settlement, if Property is leased at 481 482 the execution of this Agreement, unless otherwise stated in this Agreement 482 483 (B) Buyer will acknowledge existing lease(s) by initialing the lease(s) at the execution of this Agreement, unless otherwise specified herein. 483 484 (C) Seller will not enter into any new leases, extensions of existing leases or additional leases for the Property without the written consent of Buyer. 484 485 24. RECORDING (9-05) This Agreement will not be recorded in the Office of the Recorder of Deeds or in any other office or p~e of public record. 485 486 If Buyer causes or permits this Agreement to be recorded, Seller may elect to treat such act as a breach of this Agreement. 486 467 25. ASSIGNMENT (9-05) This Agreement is binding upon the parties, their heirs, personal representatives, guardians and successors, imd to the extent 487 488 assignable, on the assigns of the parties hereto. Buyer will not transfer or assign this Agreement without the written consent of Seller unless other- 488 489 wise stated in this Agreement 469 490 26. GOVERNING LA\v, VENUE & PERSONAL JURISDICTION (9-05) 490 491 (A) The validity and construction of this Agreement, and the rights and duties of the parties, will be governed in accordance with the laws of the 491 492 Commonwealth of Pennsylvania 492 493 (B) The parties agree that any dispute, controversy or claim arising under or in connection with this Agreement or its performance by either party 493 494 shall be decided exclusively by and in the state or federal courts sitting in the Commonwealth of Pennsylvania. 494 495 27. RELEASE ~-05) 495 496 Buyer releases; quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES and any OFFICER or 496 497 PARTNER of anyone of them and any other PERSON, FIRM or CORPORATION who may be fiable by or through them, from any and 497 498 all claims, losses or demands, including, but not Umited to, personal injury and property damage and all of the consequences thereof, whether 498 499 known or not, which may arise from the presence oftermites or other wood-boring insects, radon, lead-based paint hazards, mold, fungi or 499 500 indoor air quaDty, environmental hazards, any defects in the individual on-lot sewage disposal system or deficiencies in the on-site water serv- 500 501 ice system, or any defects or conditions on the Property. Should Seller be in default under the terms of this Agreement, or in violation of any 501 502 seller disclos law or regulation, this release does not deprive Buyer of any right to pursue any remedies that may be available under law 502 503 or equity. e . survive settlement. 503 504 Buyer Initials: A1S-R Page 8 of 10 Revised 9/05 Seller Initials: AblP (;. w H' 504 505 ZIl. llliPllliSENTATlUNS (9-05) 505 .506 , (A) All representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seller, Brokers, their licensees, employ- 506 507 ees, officers or partners are not a part of this Agreement unless expressly incorporated or stated in this Agreement. This Agreement contains the 507 508 whole agreement between Seller and Buyer, and there are no other terms, obligations, covenants, representations, statements or conditions, oral 508 509 or otherwise, of any kind whatsoever concerning this sale. This Agreement will not be altered, amended, changed or modified except in writing 509 510 executed by the parties. 510 511 (B) Unless otherwise stated in this Agreement, Buyer has inspected the Property (including fixtures and any personal property specificaUy 511 512 listed herein) before signing this Agreement or has waived the right to do so, and agrees to purchase the Property IN ITS PRESENT 512 513 CONDITION. Buyer acknowledges that Brokers, their licensees, employees, officers or partners have not made an independent exam- 513 514 ination or determination of the structural soundness of the Property, the age or condition of the components, environmental conditions, 514 515 the permitted uses or of conditions existing in the locale where the Property is situated; nor have they made a mechanical inspection of 515 516 any of the systems contained therein. 516 517 (C) Any repairs required by this Agreement will be completed in a workmanlike manner. 517 518 (D) Broker(s) have provided or may provide services to assist unrepresented parties in complying with this Agreement. 518 519 29. DEFAULT(9-o5) 519 520 (A) Seller has the option of retaining aU sums paid by Buyer, including the deposit monies, should Buyer: 520 521 1. Fail to make any additional payments as specified in paragraph 3, OR 521 522 2. Furnish false or incomplete information to Seller, Broker(s), or any other party identified in this Agreement concerning Buyer's legal or 522 523 financial status, OR 523 524 3. Violate or fail to fulfiIl and perform any other terms or conditions of this Agreement. 524 525 (B) Unless otherwise checked in paragraph 29 (c), Seller may elect to retain those sums paid by Buyer, including deposit monies: 525 526 1. On account of purchase price, OR 526 527 2. As monies to be applied to Seller's damages, OR 527 528 3. As liquidated damages for such breach. 528 529 (C) lK SELLER IS LIMITED TO RETAINING SUMS PAID BY BUYER, INCLUDING DEPOSIT MONIES, AS LIQUIDATED DAMAGES. 529 530 (D) If Seller retains aU sums paid by Buyer, including deposit monies, as liquidated damages pursuant to paragraph 29 (B) or (C), Buyer and Seller 530 531 are released from further liability or obligation and this Agreement is VOID. 531 532 30. TERMINATION & RETURN OF DEPOSITS (9-05) 532 . 533 (A) Where Buyer terminates this Agreement pursuant to any right granted by this Agreement, aU deposit monies paid on account of purchase price 533 534 will be returned to Buyer and this Agreement will be VOID. The broker holding the deposit monies may only release the deposit monies accord- 534 535 ing to the terms of a fully executed written agreement between Buyer and Seller and as permitted by the Rules and Regulations of the State Real 535 536 Estate Commission. 536 537 (B) If there is a dispute over entitlement to deposit monies, a broker is not legally permitted to determine if a breach occurred or which party is enti- 537 538 tied to deposit monies. A broker holding the deposit monies is required by the Rules and Regulations of the State Real Estate Commission to 538 539 retain the monies in escrow until the dispute is resolved. In the event of litigation over deposit monies, a broker will distribute the monies accord- 539 540 ing to the terms of a final order of court or a written agreement of the parties. Buyer and Seller agree that, if any broker or affiliated licensee is 540 541 joined in litigation regarding deposit monies, the attorneys' fees and costs of the broker(s) and licensee(s) will be paid by the party joining them.. 541 542 31. REAL ESTATE RECOVERY FUND (9-05) 542 543 A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real estate licensee 543 544 owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been unable to collect the judgment after exhausting all legal 544 545 and equitable remedies. For complete details about the Fund, call (717) 783-3658 or (800) 822-2113 (within Pennsylvania) and (717) 783-4854 (out- 545 546 side Pemisylvania). 546 547 32. MEDIATION (9-05) 547 54B (A) Unless otherwise checked in paragraph 32 (D), Buyer and Seller will submit all disputes or claims that arise from this Agreement to mediation 548 549 in accordance with the Rules and Procedures of the Home Sellers/Home Buyers Dispute Resolution System. Any agreement reached through 549 550 mediation and signed by the parties will be binding (see Information Regarding Mediation). 550 551 (B) Buyer and Seller have received, read, and understand the Rules and Procedures of the Home Sellers/Home Buyers Dispute Resolution System. 551 552 (C) Any agreement to mediate disputes or claims arising from this Agreement will survive settlement 552 553 (D) .. MEDIATION IS WAIVED. Buyer and Seller understand that they may choose to mediate at a later date should a dispute or claim arise, 553 554 but that there will be no obligation for any party to do so. 554 555 33. RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT NOTICE (Required for properties built before 1978). (9-05) 555 556 Lead-Based Paint Hazards Disclosure Requirements: The Residential Lead-Based Paint Hazard Reduction Act requires any seller of prop- 556 557 erty built before 1978 to provide the buyer with an EPA-approved lead hazards information pampWet titled Protect Your Family from Lead in Your 557 558 Home and to 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 proper- 558 559 ty being sold, along with the basis used for determining that the hazards exist, the location of the hazards, and the condition of painted surfaces. 559 560 Any seller of a pre-1978 structure must also provide the buyer with any records or reports available to the seller regarding lead-based paint and/or 560 561 lead-based paint hazards in or about the property being sold, the common areas, or other residential dwellings in multi-family housing. Before a 561 562 buyer is obligated to purchase any housing constructed prior to 1978, the Act requires the seller to give the buyer 10 days (unless buyer and sell- 562 563 er 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 563 564 hazards. The..opportunity to conduct a risk assessment or inspection may be waived by the buyer, in writing. Neither testing nor abatement is 564 565 required of the, seller. Housing built in 1978 or later is not subject to the Act. 565 566 0 NOT APPLICABLE. Property was built in 1978 or later. 566 567 . APPLICABLE. Property was built before 1978. Broker must attach the Lead-Based Paint Hazards Disclosure and Inspection 567 568 Contingency Addendum (pAR Form LPA) or another acceptable form with the information required by the Act, and provide Buyer 568 569 the pamphle 'Dlect amiIy from Lead in Your Home. Buyer(s) must initial below that they have received both documents: 569 570 Paint Hazards 1)isclosure and Inspection Contingency Addendum (attached as part of this Agreement). 570 571 Protect Your Family from Lead in Your Home 571 Seller Initials: ~D Ib (;.111 H 572 572 Buyer !niti . A1S-R Page 9 of 10 Revised 9/05 574 (A) The following are part of this Agreement if checked: . ~75 'e> 0 Sale & Settlement of Other Property 0 Settlement of Other Property Contingency Addendum (pAR Form SOP) 576 ';)~ Contingency Addendum (pAR Form SSP) 0 Tenant-Occupied Property Addendum (pAR Form TOP) 577 ~,)it 3ctlc &; 8e~Uimi&t af Other Pl'Elpe~ C6fttmgency 0 578 (; \J l' ^ with R:;sfit tv CUlltfuuG MA1k."tiu~ 0 ~ <<: :::r~:~ I nOhn~ ~ PQ~<<Lill~ ~A 1 70 bn- ~ 583 f 2:)-- ,- 584 1'OYY\. -rle... pf'G~~ CA.+- ~+ t;; da.~ pr-lCll ~ se+t-fv11Md-, 585 U ::: ~ ~ ie 1" /(Ivlik I cd Sc.llcl"J ~~~j llJ,LJ,/ 15 se:J:t,j- /.k.~ ::: ,,\\~=:::~.1~~'\.-' +0 c.cf\v~,- 11~~,- ('''1.. 1 ~\~ ~;~~ 590 ~ ~W f,e.W-k.. ~Lt r ::~ ~~ f/'fl.'\ 593 594 595 596 597 598 Buyer and SeDer aclmowledge receipt of a copy of this Agreement at the time of signing. 574 575 576 577 578 579 S80 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Parties to this transaction are advised to consult 599 600 an attorney before signing if they desire legal advice. 600 601 Return by facsimile transmission (FAX) of this Agreement, and any addenda and amendments, bearing the signatures of all parties, constitutes 601 602 acceptance by the parties. 602 603 )(. Buyer has received the Consumer Notice as adopted ,bY the State Real Estate Commission at 49 Pa. Code fi35.336. 603 604 .x: Buyer has received a statement of Buyer's estimated closing costs before signing this Agreement 604 605 ~ Buyer has read and understands the notices and explanatory information'in this Agreement 605 606 r)2( Buyer has received a Seller's Property Disclosure Statement before signing this Agreement, if required by law (see Information Regarding 606 607 \L the Real Estate Seller Disclosure Law). , 607 608 ~ Buyer has received the Deposit M~ney Notice (for cooperative sales when B.fOker for Seller is holding deposit money) before signing this 608 609 Agreement ' , 609 610 610 BUYER'S MAILING ADDRESS: 611 < 611 DATE ~r()7 612 DATE 613 612 WITNESS 613 WITNESS BUYER 614 WITNESS BUYER DATE 614 615 Seller has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code fi35.336. 616 Seller has received a statement of Seller's estimated closing costs before signing this Agreement 617 Seller has read and understands the notices and explanatory information in this Agreement 615 616 617 618 SELLER'S MAILING ADDRESS: 618 619 620 WITNESS ~ ~A~k ::1:t~J~' 619 DATE 3l8~? '" 318107 621 , I 621 WITNESS DATE 622 WITNESS SELLER DATE 622 AlS-R Page 10 of 10 Revised 9/05 SELLER'S COpy Tax Parcel No. 42-28-2423-037 THIS INDENTURE, MADE THE ~.;.., day of ~ two thousand seven (2007) BETWEEN GERALD W. HILER and JAMES D. BOGAR, Co- Executors of the Last will and Testament of Jean F. Hiler, late of Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylva- nia, parties of the first part, and TAMMIA A. ZIMMERMAN, single person, of Shiremanstown, Cumberland County, Pennsylvania, party of the second part: WHEREAS, the said Jean F. Hiler by her Last Will and Testament, duly proved and recorded in the Cumberland County Register of Wills Office, Pennsylvania, in Docket Book 21-07~0069, Letters Testamentary being issued on January 19, 2007, provided, in pertinent part, as follows: FOURTH: In addition to all powers granted to them by law and by other provisions of this Will, I give the fiduciaries acting hereunder the following powers, applicable to all property, exercisable without court approval and effective until actual distribution of all property: (A) To sell at public or private sale, or to lease, for any period of time, any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms (including credit, with or without security) or conditions as are deemed proper. This includes the power to give legally sufficient instruments for transfer of the property and to receive the proceeds of any disposition of it... EIGHTH: I nominate and appoint GERALD W. HILER and JAMES D. BOGAR, Co-Executors of this, my Last Will and Testament. I direct that my Co-Executors, Trustee or Trustees, as the case may be, and their successors, shall not be required to post security or a bond for the performance of their duties in any jurisdiction... NOW THIS INDENTURE WITNESSETH, that the said parties of the first part, by virtue of the power and authority aforesaid, in said Will contained, and in consideration of the sum of One Hundred Seventy-One Thousand Dollars ($171,000.00) to them paid by the said party of the second part, at and before the ensealing and delivery of these presents, the receipt whereof is hereby ac- knowledged, have granted, bargained, sold and conveyed, and do hereby grant, bargain, sell and convey to the said party of the second part, her'heirs and assigns forever: ALL THAT CERTAIN lot of ground situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the easterly side of Reservoir Road, said point being on the division line between Lot Nos. 78 and 79 on the hereinafter mentioned Plan of Lots; thence along said divi- sion line between Lot Nos. 78 and 79, North 83 degrees 35 minutes East, a distance of eighty-five and nine-tenths (85.9) feet, more or less, to a point in the division line between Lot Nos; 77 and 78 on said Plan; thence along said division line between Lot Nos. 77 and 78, North 03 degrees 10 minutes West, one hundred forty- eight and forty-five one-hundredths (148.45) feet, more or less, to a point in the southerly line of Circle Drive; thence along said line of Circle Drive, South 86 degrees West, a distance of ten (10) feet to a point; thence continuing along said line of Circle Drive by the arc of a circle curving to the left, said circle having a radius of one hundred sixty-five (165) feet, the arc distance of one hundred twenty-six and eight-tenths (126.8) feet, more or less, to a point in the Easterly line of Reservoir Road, aforesaid; thence along said line of Reservoir Road by the Arch of a circle curving to the right, said circle having a radius of two hundred forty (240) feet, the arc distance of one hundred twelve and twenty-five one-hundredths (112.25) feet, more or less to a point in the division line between Lot Nos. 78 and 79, aforesaid, at the point and place of BEGINNING. BEING Lot No. 78 in the plan of Lots of Paul T. Shearer and I. S. Eberly, known as RESERVOIR HILL, which said Plan is recorded in the Cumberland County Recorder's Office in Plan Book 11, at Page 8 . HAVING THEREON ERECTED a dwelling house being known and numbered as 301 Reservoir Road, Mechanicsburg, Pennsylvania. BEING the same premises which I. S. Eberly and Anna Mary Eberly, his wife, and Paul T. Shearer and Violena M. Shearer, his wife, by deed dated February 4, 1960 and recorded February 8, 1960 in the Cumberland County Recorder of Deeds Office in Deed Book "Q", Volume 19, Page 410, granted and conveyed unto Richard L. Hiler and Jean F. Hiler. ALSO BEING the same premises which I. S. Eberly and Anna Mary Eberly, his wife, and Paul T. Shearer and Violena M. Shearer, his wife, by Quit-Claim deed dated May 9, 1961 and recorded May 19, 1961 in the Cumberland County Recorder of Deeds Office in Deed Book "E", Volume 20, Page 821, granted and conveyed unto Richard L. Hiler and Jean F. Hiler, his wife. The said Richard L. Hiler died December 7, 1999 whereupon full and complete title became vested solely in Jean F. Hiler, the Decedent herein. SUBJECT, NEVERTHELESS, to the building and use restrictions of prior record, same being more fully set forth in Deed Book "Q", Volume 19, Page 410. TOGETHER with all and singular the rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, property, claim and demand whatsoever of the said Jean F. Hiler at and immediately before the time of her decease, in law or equity or otherwise howsoever, of, in, to or out of the same: TO HAVE AND TO HOLD the said granted premises to the said party of the second part, her heirs and assigns forever. AND the said parties of the first part, do covenant, promise, grant and agree, to and with the said party of the second part, her heirs and assigns, by these presents, that the said parties of the first part, have not done, committed, or knowingly or willingly suffered to be done, any act, matter or thing what- soever, whereby the premises aforesaid, or any part thereof, is, are, shall or may be charged or encumbered, in title, charge or estate, or otherwise howsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hands and seals the day and year above writ- ten. Signed, Sealed and Delivered in the Presence of -1J1 ~ CtJcd- (T{/ -t u (SEAL) (SEAL) COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this, the 30th day of frpvr{ J , 2007, before me, the undersigned officer, personally appeared GERALD W. HILER and JAMES D. BOGAR, Co-Executors of the Estate of Jean F. Hiler, known to me (or satisfactorily proven) to be the persons de- scribed in the foregoing instrument, and acknowledged that they executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Lori A. Richard, Notary pubnc Lemo~l(1e Bora, Cumbertand County My Commission expires Nov. 12, 2010 Member, Pennsylvania Association of Notaries Yin 1 r-- I / I), ( ( .'1. (,- \'--JCLCfv;J1.(L Notary Public My Commission Expires: (SEAL) post CERTIFICATE OF RESIDENCE I do hereby certify that the precise residence and complete office address of the within named grantee is 201 fJ.~f'{oi r /2Ci.... {Y\1 Cho.-l'\ ( csbu rj I Q.4 11 (j S5 , 2007 ~a t/2aJauC AtteYu'='y/Agent for Grantee A. U.S. DbPARTMENT OF HOUSING AND URBAN DEVELOPMENT SETTLEMENT STATEMENT 1> OMB No. 2502-0265 LOAN 3. 0 CONY. UNINS. B. TYPE OF 1. 0 FHA 2. 0 FHMA 4. 0 VA 5. 0 CONY. INS. 6. FILE NUMBER: 7. LOAN NUMBER 07-00082-ALT 0205283724 8. MORTGAGE INS. CASE NO.: C. NOTE: This fonn is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement .gent.re shown. Items marked "(p.o.c.)" were paid outside the closing; they.re shown here for infonn.tional purposes and .rc not included in the totals. D. NAME & ADDRESS Tannnia A. Zimmerman OF BORROWER: 127 West Vine Street, Shiremanstown, P A 17011 E. NAME & ADDRESS Jean F. Hiler Estate OF SELLER: 301 Reservoir Road, Mechanicsburg, PA 17055 F. NAME & ADDRESS Members First Federal Credit Union OF LENDER: 5000 Louise Drive, P.O. Box 40, Mechanicsburg, P A 17055 G. PROPERTY LOCATION: 30 I Reservoir Road, Mechanicsburg, P A 17055 H. SE'ITLEMENT AGENT: Assured Land Transfers, Inc. PLACE OF SE'ITLEMENT: Assured Land Transfers, Inc. 301 Market Street, Lemoyne, PA, 17043 (717) 761-4720 I SETTLEMENT DATE: 413012007 DISBURSEMENT DATE' 413012007 J. SummarY of Borrower's Transaction K. SUD1lDarv of Seller's Transaction 100. Gross Amount Due From Borrower: 400. Gross Amount Due To Seller: 10 1. Contract sal.. once 171 000.00 401. Contract sal.. nrice 171 000.00 102. Person.1 aronertv 402. Personal arooertv 103. SettlementchlU'lleS to borrower: Iline 1400) 5491.16 403. 104. 404. 105. 405. Adlustments For Items Paid Bv Seller In Advance: AdJustments For Items Paid Bv Seller In Advance: 106. 'Citv/town taxes to 406. City/town tax.. to 107. County taxes 04130/07 to 12131/07 358.59 . 407. Co~;;"taxes 04/30/07 to 12/31/07 358.59 1 08. Assessments to 408. As....ments to 109. School Tax.. 4/3012007 to 613012007 304.98 409. School Tax.. 413012007 to 6/3012007 304.98 110. Sewer Charae 413012007 to 6/3012007 67.95 410. Sewer Char... 413012007 to 6/3012007 67.95 111. 411. 112. 412. 113. 413. 114. 414. 115. 415. 116. 416. 120. Gross Amount Due From Borrower: 177,222.68 . 420. Gross Amount Dne To Seller: 171,731.52 .nn 'Tn "nn L 201. DODO.;t or carnest moncv I 800.00 501. Exc... dcoosit lsee instructions) 202. 'Princioal amount of new loanl s) 162 450.00 502. Settlement char_ to seller (line 1400) 12080.00 203. Exi.tina10an{s) taken subiectto 503. Exislinaloanl.) taken subiect to 204. 504. Pavnff 1 st Mill. Ln. 205. 505. Pavoff2nd Ml2. Ln. 206. 506. pmnortv Tax 532.05 207. 507. 208. 508. 209. 509. Adjustments For Items Unpaid By Seller: Adjustments For Items Unpaid By Seller: 210. City/town taxes to 510. City/town taxes to 211. CounlY taxes to 511. County taxes to 212. Aascasments to 512. Assessments to 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220. Total Paid BylFor 164,250.00 520. Total Reductions 12,612.05 Borrower: In Amount Due Seller: ~nn r..h , Rnr~w~r' lion. r..h At n.n. 301. Graas amount due from borrower (line 120) 177 222.68 60 1. Gross amount due to seller l1ine 420) 171731.52 302. Less amount aaid bv/for borrower (line 220) 164 250.00 602. Less reductions in amount due seller Iline 520) 12612.05 303. Cash dX]FROM) ,DTO) Borrower: 12,972.68 603. Cash dXtrO) [JFROM) Seller: 159,119.47 .. PreviOUS EditIOn Is Obsolete Fonn No. 1581 3/86 Page 1 of 3 x X 5B-4-3538-Ooo-1 HUD-l (3-86) RESPA, HB 4305.2 x X 700. Total SaleslBroker's Commission: Paid From Paid From Based On Price $ 171 flnO 00 (iiJ %= Borrower's Seller's Olvi..inn Funds Funds .,n, C .,..nn tn At At Settlement Settlement 7n? 'I: 5.105.00 to Towv.rdle.ltvT.T.r. .,m 10 21i0 00 704. Rnn H.m. "".L . R01. T non . . , f.. % aM T .n.n n;.~nnnt 01- am Ann~i.al fee to: anA ("...Ait rDnnTj: to: ao. T .. aOIi Mnrtu.u. ;n.nranee I fee to em aoa 275.0G aoo . . : 750C 810. ' "'",Tn: e 15000 all al? al1 a14 a15 816. onn H.m. ' . ... ....., Rp D.'" Tn A .....n"'.. on. 41101?007 tn 411011007 t@.~ .,., "~01 ,.... n rl.v.) 27.1i4 OM Mnrtaaap ;n~.~n~' mn.tn 001 1 vr<. to 'l:1i51i.00 904. V1'!" tn 005. 006. 1nnn , T ,.nrlp., 100\. J.T.~arrl in.n~n~p CA 16401 11\02. nP.1' month 1003. n.... mnnth 11\04 A~ 130.35 1005. ner month 1001i ""nM ;n.n~n"'. nP.1'mnnth 1007. 11 lli1201 100R A ._.at. (392.521 1009, 11nn 1101 lID? 1103, 1104. 1105. ' tn 1106. I J 07. Attorney's fees to (includes above item Numbers: ) 1108, Title insurance to Assured Land Transfers, Inc, (includes above itemNumbers: 1101,1102,1103,1104 ) 1213,75 1100 r, C . "., ..on nn P...""inm' '1:0,00 1110 'I: 171 00000 P...""inm' 'I:\.2B.75. 1111 10.0G 10.00 III? .no .nd 000 tn Tn. 150.0G nil 15.0G 1114. nnn 1201. ' Deed S 40.50 1i450 :R.l...... 'I: 105 on 1?0? ,n_dC 1?01 nP.Drl'l: 1 42000 1710.0G 1710.00 1?04 1205, 1100. 1101 ~nrv.v tn no? 1101 OVP.1'11ivht I T~n.f_ Tn. 2500 IlnA CA...nn 1105 ?nrl Otr ~pw.r tn T Tn"Pr 100 on 1101i Attnm.v ,,__ tn 1.~_. n. "noo. '1:000 oon 1307. 1308. 1309. 1310. 131\. 1312. 1313. 1 <Ion . .....h.rn. (R"'Dr nn IInD 1m .<IDrflnn 1_ nnd _ . ,.flO ('. .YI 5 401 1~ 1? oao 00 ~~.158~V! ~ Page 2 Of~ L IJ 1(" 88-4-3538-000-1 X~"c. ........ ,~ " x/J.t \.~~ c{/'}J.I.~ee.t C I U - L SETTLEMENT CHARGES Escrow: 07-00082-ALT SELLER'S AND/OR BORROWER'S STATEMENT Escrow: 07-00082-AL T I have carefully reviewed the HUD-l Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the HUD-! Settlement Statement. C & ;d ~teif:. -" The HUD-l Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this statement. S_"'" ~ ~ """ F ATIC Suppo ured Land Transfers, Inc. WARNING: It is a crime to knowmgly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine or imprisonment. For details see: Title 18 U.S. Code Section 1001 and Section 1010.1 PaS.3of3 Rev-1503 EX+ (6-118) *' SCHEDULE B STOCKS & BONDS COMMONWEALlH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Hiler, Jean F. FILE NUMBER 21-07-0069 All property Jolntly-owned with right of survivorship must be disclosed on Schedule F. ITEM CUSIP VALUE AT DATE NUMBER NUMBER DESCRIPTION UNIT VALUE OF DEATH 1 PNC Investments - Investment Account - Stock - 106.157.88 Classic Account 5904-8010 TOTAL (Also enter on Line 2, Recapitulation) 106.157.88 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule B (Rev. 6-98) 0. PNCJNVESTMENTS M~",brr NAliD ...d S1~C JanulITY 19, 2007 JlI"''''' 0 Bnpr Attorney-ai-Law One West Main Street Shircmanstown, PA 17011 RE: The Estate of Jean F Hiler Social Security No. 052-26-2867 Dale of Death: JaDuary 09, 2007 Dear Mr. Bogar: Jean F Hiler was the sole owner or three PNC Investment Accounts. Acool1nt Number 4243-5312 (xlntained a Putnalll Allstate Variabl. Annuity. AlIlltate w\l1 be faxing to your otrlCO the claim Corm needlld to surrender thlll annuity. They will a.I!iO be faxing you the Dale of Death Value of the Annuity. PNCI Account Number 8859-8586 is IIn In4ivid"al1RA Ac:count. The Pale of Death Value of the securities in LIlis account lire lIS foUows: 1,324.817 shares Blckrck Managod Ine: Port PMISX@$10.02petshare 2,367.110 shllt'CS lJIaekrnclt FdR Monoy Mkt PNPXX@ 1.()O perslwc 5S9.556llhare~ Etn Vnl.'C L! cap Val A SHSTX @ 20.86 per share 308.1 98 sharclI Federated Eqty Kaurmlln A KAVAX @ 5.63 per share 23.741 shares Fed p..qty lC.llUfmn $mt CP A PKASX @ 24.25 per share 19.141 ~h1lN8 Fidolly VI Val Strat T FAsrx @29.60petshare 28.102 shares FTankln/Tcmpltn frgn Sm ^ FlNEX @ 20.37 per share 407.253 ahan:li Owth Fund Amor lne CI F GFAFX @ 32.50 per 5hare 45.425sharcs Rowe Price Mkl Cap Mv TAMVX@25.17pershare 713.731, shares Templctn Foreign Pd a ^ TEMFX @ 13.47 per share PNCI AaxluntNumbcr 5904.8010 is an Individual Classic J\c:alunt. The Date ofDcalh Value of the securities in this accOunt are as follows: 108.427 shares Artisan Fdll Mid Cll VI Pd ARTQX @ $ 20.11 per share 3,274.060 shares BI1Ickroclt Munl Mmkt Port PNTXX @ 1.00 per share 29.663 shares Blackrck lnU Opplys Svo 8RESX @ 39.43 per share 1,140.492 shiites fito Voce Le Cap Val A BHSTX @ 20.86 per share 4 t R.593 d1areR Buro Pac Growth Fd Cl F ABGFX @ 45.81 per shelfe 567.882 shares Federated Eqty Kaufmnn A KAUAX @ 5.63 per share 43.057 d1ares Fed Eqty Kaufmn Sml c..'p A FKASX @ 24.25 per $hare 36589 shares Fidclty VII Val Sltal T FASPX @ 29.60 per share 778.053 sbares Gwth Fund Amer IDe Cl F GPAFX @ 32.S0 per share 1,988.989 shares Oppnhmr PA Muni Fd CI A OPATX @ 13.05 per share Please do not hell late to contact me If I can provide you with funber service. The Information contained herein h:a$ been oblllincd from source.'l we believe to be reliable but do nnt glllllilntec it to be accurato, rom.oct. complete or timely, and SMII not be responsible: for the resultll obtained from it's use. SI~ly, (.~~. Charles 13 tillf;, CFP Vice Presidenl Senior Financial Cml11uItant CEL/DJP A mc:mbc:r ofThc: PNC Financial Services Group 2 East Main Strec:t Mcc:hanlcshurg Pennsylvania 17055 www.pneinvc:stmc:nts.com I",p~nt InftJtor Inform.tlon: 5,"'uriti~, a~d brokfr~gr S('rvi= lIrt provic/t'd hv PNC 1"V<1.1r,,,'ro~; 1.11:. member Nf'SD llnd SIl'L~. Mnllltles and othtr ill~lj""ee produc:ls are offrrrd by PNC Insurnnce Sr.rvicc,.lnc. n Ileensed lIl~Ur"n,'" "rJellev. ~.cw:Y.lJI~ l.~k('tlL'\t\1'IIl'l: Rev-15G8 EX+ (8-98) . SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RE1'URN RESIDENT DECEDENT ESTATE OF Hiler, Jean F. FILE NUMBER 21-07-0069 Include the proceeds of I~igation and the date the proceeds were received by the estate. All property Jointly-owned with the right of aurvlvorshlp muat be dlacloaed on achedule F. ITEM NUMBER DESCRIPTION 1 Capital Blue Cross - Refund VALUE AT DATE OF DEATH 96.80 2 Cash - Found in Home 55.54 3 Cash - Five (5) rolls of Pennies found in home 2.50 4 Commonwealth of Pennsylvania - State Employees' Retirement System - Final Settlement 163.59 5 PNC Bank, N.A. - Checking Account No. 5140028817, date of death balance $12,931.05, accrued interest $0.71 12.931.76 6 Postage Stamps - Sold 7.80 7 Travelers Instructions - Refund 58.00 8 Verizon - Refund 1.95 9 Automobile - Sold at Public Sale-1997 Mercury, VIN 4M2DV1116VDJ47904 1.600.00 10 Diamond Ear Studs - Value as listed on the attached appraisal 600.00 11 Diamond Solitaire Ring - Value as listed on the attached appraisal 670.00 12 Diamond Tie Tack - Value as listed on the attached appraisal 750.00 13 Dresden Plate Quilt - Value as listed on the attached appraisal 135.00 14 Man's Seiko Wrist Watch - Value as listed on the attached appraisal 35.00 15 Personal Property - Sold at Public Sale 9.593.50 Total of Continuation Schedule See attached page TOTAL (Also enter on Line 5, Recapitulation) 124.787.16 (If more space is needed. additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA.1500 Schedule E (Rev. 6-98) Rev-150B EX+ (8-9B) *' SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY continued COMMONWEAl. TH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Hiler, Jean F. FILE NUMBER 21-07-0069 ITEM NUMBER DESCRIPTION VALUE AT DATE OF DEATH 16 Pewter Bicentennial Figures - Value as listed on the attached appraisal 125.00 17 Allstate Financial- Annuity Contract No. PA00068615, date of death balance $37,927.39 37.927.39 18 PNC Bank, N.A. - IRA Account No. 75300005543, date of death balance $3,292.23, accrued interest $11.18 3.303.41 19 PNC Investments - IRA Investment Account No. 8859-8586 54.696.97 20 TIAA-CREF - Annuity No. 1020003-7, date of death value $2,032.95, accrued interest $0.00 2.032.95 TOTAL (Also enter on Line 5, Recapitulation) 124.787.16 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule E (Rev. 6-98) COMMONWEALTH OF PENNSYLVANIA STATE EMPLOYEES' RETIREMENT SYSTEM 30 NORTH THIRD ST STE 150 HARRISBURG, PA 17101-1716 1-800-633-5461 www.sers.state.pa.us April 26, 2007 GERALD W HILER AND JAMES D BOGAR EX JEAN HILER ESTATE 1 W MAIN ST SHIREMANSTOWN PA 17011 Member SSN: Beneficiary SSN/EIN: XXX-XX-2867 20-7228207 Dear Beneficiary: A check in amount of $163.59 will be mailed to you within two (2) weeks from the date of this letter. The amount of $0.00 was withheld for Federal Withholding Taxes. If you have elected to rollover then the taxable portion of $0.00 has been transferred to your qualified plans. This payment represents your designated share of 100.00% in the Final settlement of the Account of JEAN F HILER with this retirement system. If the individual listed above was a member of the Retirement system before January 1, 1982, their contributions prior to that date were taxed as part of their gross income at that time. Therefore, no taxes are being withheld on that portion of their contributions. The difference between the amount of your payment and your share of the deceased member's non-taxable contributions, if any, is taxable for federal income tax purposes. This payment has been reported to the Intemal Revenue Service. If a 1 099R form is not enclosed with this letter, you will receive one prior to January 31 of next year, with the necessary tax information regarding this payment. Under current law there are no Pennsylvania state or local taxes on any benefits paid from this system. This letter and the 1 099R form that you receive should be kept in a safe place, as you will need the information when filing your Federal Income Tax Return. This is the only notice you will receive. There is a $5.00 charge for each request of duplicate information. Sincerely, ~67~ Joseph A. Torta, Director Benefit Determination Division BEN31 FSL 111111I11111111I11111111111111I111111111111111I11111111111111111111111 Rowe's Auction Service 2505 Ritner Highway Carlisle, PA 17015 717-249-2677 249-1978 697-4794 April 17 , 2007 To: James D. Bogar 1 West Main St. Shiremanstown, P A From: Rowe's Auction Service 2505 Ritner Highway Carlisle, PA 17015 Re: Jean Hiler Estate 301 Reservoir Rd. Mechanicsburg, PA 17055 Personal Property Auction $9593.50 Less 35% commission -3357.50 $6236.00 Automobile $1600.00 Less 20% commission -320.00 $1280.00 Total Due $7516.00 ~... ~~ William G. Rowe / This estate jewelry appraisal was prepared by Henderson &. Co. Jewelers, Inc. Windsor Park Shopping Center Mechanicsburg, PA 17050 (717) 766-n71 for: Estate of Jean F. Hiler c/o James D. Bogar 1 West Main Street ShlremanstDwn, PA 17011 This appraisal was prepared February 21, 2007. The following metal prices are from the date of death, January 9, 2007 The price of gold was approximately $610.00 per ounce. The following equipment was used In preparing this jewelry appraisal: Binocular Microscope Color Master Stones Dial Gauge Table Gauge Electronic Scale Refractometer The ~ppraiser was David A. Henderson, Gemologist of the Gemol~~ . Amenca, no. 3561240. c- C:. ; CIJ ~ G.I.A. grading terminology was used in preparing this jewelry appraisa . . -- This appraisal was prepared for estate purposes only. The values given represent a fair price that the items could be expected to bring in a reasonable time period if sale was necessary to settle the estate. This is based on prices obtained for similar items in our area at the time this appraisal was prepared, or recent auction prices for similar items. The condition of the gems and their mountings was factored in when arriving at these values. This jewelry appraisal does not represent an offer to buy nor does Henderson &. Co. Jewelers have a stake in these items. 1 DIAMOND EAR snJDS One pair of basic four prong ear studs in 14 Karat (stamped) yellow gold. Each stud is set with a single round diamond. Friction posts and nuts secure the studs when worn. Condition of studs at time of examination was very good, although one is missing the ear nut, (a minor problem - replacement is approximately $7.50 retail). DIAMONDS: Two Round Brilliant Cut Genuine Diamonds Stone #1 Diameter: 4.43 mm to 4.49 mm, 4.46 mm average Depth: 2.89 mm Weight: .35 carat by fonnula Comments: Two naturals and two cleavage planes are visible. The stone's girdle is very heavy and grainy. Actual weight of this diamond may be heavier than the formula gives due to excess weight in the girdle. Clarity: 11 Color: I Stone #2 Diameter: 4.43 mm to 4.48 mm, 4.455 mm average Depth: 2.91 mm Weight: .35 carat by fonnula' Comments: The girdle of this diamond is extremely thick and frosted, (.5 mm thick 11.2%, 2% is nonnal). This extreme extra weight in the girdle probably results in higher actual weight than the fonnula indicates. This extra weight subtracts not adds to value. Two large naturals and one very large cleavage plane are visible. Clarity: 11 Color: I Estimated total diamond weight. 75 carat ESTATE VALUE.... ....... ...... ... ...... ...... ....... .... ............ ......... ......... ..$600.00 2 DIAMOND SOLIATAIRE RING A single round diamond is held by a six prong setting on this two-tone ring. The ring's yellow gold shank is thin with a by-pass like twist of the cathedral ends. The setting is tall and white gold. The ring is stamped 14 Karat. Condition of ring at time of examination was good. DIAMOND: One Round Brilliant Cut Genuine Diamond Diameter: 5.59 mm to 5.63 mm, 5.61 mm average Depth: 3.38 mm Weight: .65 carat by formula Clarity: SI1 Color: H Comments: This diamond has a medium faceted girdle. Alignment and finish are very good. One deavage is visible on and under the girdle. ESTATE V ALUE........................................................................$670.00 3 MAN'S SEIKO WRIST WATCH One yellow tone watch with silver colored dial. A speidel expansion bracelet has been put on the watch. Case number 5Y31-8A29 Rl Serial number 800288 The movement is Seiko 5Y31A Cirea 1990 Watch will run with a new cell. It is not presently running ESTATE VALUE..... ................................... ... .............. ........ ....$35.00 4 DIAMOND nE TACK One 14 Karat.white gold (stamped) tie tack set with a single round diamond. A four prong dosed back setting with tie tack post and dutch make up the mounting. The clutch has a chain and buttonhole bar. (The clutch is nickel plated. They are never gold). Condition of tie tack at time of examination was very good. DIAMOND: One Round Brilliant Cut Genuine Diamond Diameter: 5.76 mm to 5.80 mm, 5.78 mm average Depth: approximately 3.5 mm, 60.6% Weight: .71 carat by fonnula Oarity: 12 Color: H Comments: This diamond has a thin to medium frosted girdle and some abrasion at the culet. ESTATE VALUE..... ............. .............. ........... .............. ............ ... ..$750.00 5 MAN'S SIMULATED DIAMOND RING This two-tone mounting is gold plated with a rhodium finish put on the style setting. A single round synthetic Cubic Zirconia is bead set in plate. ESTATE VALUE.......................... .............. ............ ...... .................$10.00 Sold 0.+ pCJbll( So.le... To: James D. Bogar, Attomey One West Main Street Shiremanstown, PA 17011 From: William G. Rowe, Appraiser 211 Old Stone House Rd. Carlisle, PA 17015 Re: Personal Property Appraisal Jean F. Hiler Estate 301 Reservoir Drive Mechanicsburg, PA 17055 Date: February 1, 2007 UNDEN HALL ANTIQUES 211 OLD STONE HOUSE ROAD CARUSLE, PA 17015 717-249-1978 For Betsy L Miller Dresden plate quilt For Jeffrey W. Loooe Pewter Bicentennial figures Hiler Appraisal $135.00 $125.00 ~j) William G. Rowe 1 0210112007 Allstate Life Insurance Company 544 Lakeview Parkway VemonHills, II.. 60061 Telephone: (877) 499-6418 Facsimile: (866) 635-4523 ~Allstate. FINANCIAL January 30, 2007 Via Facsimile (717) 737-2086 James Bogar 1 West Main St Shiremanstown, P A 17011 Re: Contract No: Jean F. Hiler PA00068615 Dear Mr. Bogar: We have been requested to complete IRS FOllD 712 with regard to the above referenced contract The purpose of Form 712 is to provide an estate or donor with the value of a life insurance contract or its proceeds as of a certain date (usually the owner's date of death or date of transfer of the contract). This contract is an annuity contract, which is not reportable on IRS Form 712. The following information is provided for estate purposes only as of the date specified: Date of Death: Annuity Value* as ofDate of Death: Cost Basis: Named Beneficiary: January 9, 2007 $37,927.39 $36,540.09 Estate of Jean Hiler *The actual amount paid may differ due to Market Value Adjustments and/or any applicable Surrender Charges. If you have any questions, please contact our Customer Care Unit at 1-871-499-6418. Sincerely, Donna Rivera Claim Representative o PNCBAN< January 26, 2007 James D. Bogar Attorney at Law One West Main Street Shiremanstown, P A 17011 RE: Estate of Jean F. Hiler, deceased SSN: 052-26-2867 DOD: 1/9/2007 Dear Mr. Bogar: In response to your request for Date of Death balances for the customer noted abov.e, our records show the following: . IRA Account Account #75300005543 Established 03/17/1997 JEAN F HILER DOD balance: $3,292.23 + $11.18 accrued interest "'Jean took over the above IRA on 12/31/99 aftex- Richard Passed away. For IRA or Beneficiary information, please call1-888-PNC-lBAS. Checking Account Account #5140028817 Established 01101/1978 JEAN F HILER DOD balance: $12,931.05 + $.71 accrued interest The decedent maintained Investment Accounts (INV #42435312), (INV #59048010), and (IN\' #88598586). For fUrther infonnatioD. you may contact the Brokerage Department at 1-800-762-6111. Page 1 of2 The deoedent maintained Credit Line Account (RCA #4003048110162526). For further infonnation. please call 1-888-762.2265. Select option I, then option 3, and then 0 (zero). After pressing zero please remain on the line to speak to a Loan Service R.epresentative. (We do Dot have access to Loan Information, you must contact the Loan Area at the above Ilumber for further assl&tance). Please note that this office only provides date of death balances for deposit accounts (lRAs. CDs, Checking and Sa'Vings acoounts). We do not process any financial transaet!oDS or p~ovlde statemellts. If you need assistance with any of these items, please call1-888-PNC-BANK (1-888-762-2265) or stop by your local PNC Bank branch office. Sincerely, ~~ Raohelle Wells 1-800-762-1775 P7.PFSC.04.F soo flrot Ave. Pittsb1.U',hPA 15219 Page 2 of2 Member FDIC TOTAL P.03 0. PNC1NVESTMENTS M~ NA.'iD ..... Sl1't JlInunry 19.. 2007 JORlO!> I) ~F Altorney-at-uw One West Main Street ShlrcmansLOwn. PA 17011 RE: The Estate (If Jean F Hiler Social Security No. 052-26-2867 Date (If Death: January 09, 2007 Dear Mr. Bogar: Jean r~ Hiler was the ROle llWner oC three PNC Investment AOOOIlIlts. Account Number 4243-5312 cx>ntllinud a Putnam ^lIl1tate Variable Annuity. Allltate will be faxing 10 your offioo the claim Corm ncctk.." to slIlTCllder thl~ 3IUIulty. They will aJ!lO be faxing yuu the Date of Death Value of the Annuity. PNC1 Account Number 8859-8586 is llfllnLtivldual IR.A Account. The Date of Death Value of the $l.lCUriti06 in this account are as follows: 1,324.817 shares Blckrck Managed Inc Port PMlSX @ 510.02 pet share 2,367.110 shares IJlackmclc FdA Money MIa PNPXX @ 1.00 per share 5S9.SS6 !!harcs Etn VnllC L! cap Val A BliSTX @ 20.86 per share 308.1 98 shal'e5 Federated Eqty KBurmnn A KAUAX @ 5.63 per share 23.741 shlltC& Fed p..qty KllUfmn Sml CP A PRASX@ 24.25 per sllare 19.141z;hlltcol8 Fidoll)' VI Val Strat T FASPX @29.60pet$hare 28.102 shares Frankln!fernpltn Frgn Sm A FfNEX @ 20.37 per share 407.253 sharcz; Owth Fund ArnOt' Inc CI F' O'FAFX @ 32.S0 per shan: 4S.42S shares Rowe PrlllC Mid cap AJJv TAMVX @ ZS.17 per share 713.731. shares Templetn Foreign Pd CI A TEMFX @ 13.47 pcr share PNCI Aaxlunt Number 5904.8010 is an Individual Classici Account. Th~ Date of Death Value of the securities ill this account arc as follows: 108.427 shareR Artisan Fds Mid Ca VI Fd ARTQX @ $ 20.11 per share 3,274.060 shares Btackrock Muni Mmkt Port PNTXX @ 1.00 pcr share 29.663 shares Btst.iack lnU Opplys Svc BRESX @ 39.43 per share 1,140.492 ShMes Etn Vnco 14 Cap Vat A EHSTX @ 20.86 per $\tare 41 R.593 dwell Buro Pac Growth Fd CI F AEOFX @ 45.81 per share 567.882 MarCS Federatcd Bqty KaufmnR A KAUAX @ 5.63 per share 43.057 lIhares Fed Eqty Kaufmn Smt Cp A FKASX @ 24.25 per share 36.589 shares Fidclty VII Val Sttal T FASPX @ 29.60 per share 778.053 sbare& Gwth Fund Amer IDc Cl F GFAFX @ 32.50 per share 1,988.989 shares Oppnhmr PA Muni Fd CI A OPATX @ 13.05 per share Plea.~e do not hesItate 10 cont~ me If I cafl provide you wilh funher service. The Information lX)n~lned herein h:!$ boIlll oblllincd from SOurce.'! we believe to be reliable hut do nnl guarantee it 10 be accurate, oorreet, complete or timely. and 8111111 not be Nsponsiblc: for the resullll obtained from it's use. SiRCly, c...~~. Charles E tftt~ cpp Vice Prellident Senior FiOllncial C<mllullant CEUDJP A member of The PNC Financial Service, Group 2 Enst Main Strctt Mcchllnicshurg Pennsylvania 17055 www.pncinvestments.com bnp~nt Ilm:Jtor Intonn.tloll: !W"lIrifi~, and broker~gr ~,vi= ~,r pMvidrd bv rNC In...."Ir,..~I~; 1J.c. m~mhcr NflSD ~nd SU'l~. ^nnlllti~s and other in.,lrf'lCe products arc o(frn-d hy PNC InsumntC S.:rv;,cs.lnc. o 'Ieense:d ItlWtun."" :1~IC:"'(y1 FINANCIAL SERVICES FOR THE GREATER GOOD- www.tiaa-eref.org February 28,2007 The Estate of Jean F. Hiler c/o James D. Bogar 1 W. Main Street Shiremanstown, PA 17011.6327 Re: ~IAA No. Ending: *003-7 Jean F. Hiler, deceased Dear Mr. Bogar: I am responding to a request for information for the above referenced annuities. As requested, enclosed is a copy of a statement, in place of Form 712 for each annuity. If you have questions, please call our Telephone Counseling Center at 800 842- 2776 Monday to Friday from 8 a.m. to 10 p.m. ET, and Saturday from 9 a.m. to 6 p.m. ET. To call the toll-free number outside the United States or Canada, use AT&T's international access code, which is listed on our Web site at www.tiaa. cref.org/contact/outside_ us.html Sincerely, s~ 'P. '3tt6 Service Representative TIAA-CREF Individual & Institutional Services, LLC Member NASD, SIPC. Headquarters: 730 Third Avenue, New York, New York 10017-3206 Tel: 212-490-9000 8500 Andrew Carnegie Blvd, Charlotte, NC 28262 SUBSTITUTE FORM 712 This statement has been prepared as a substitute for U.S. Treasury Department Form 712 which does not apply to our annuity contracts or certificates since they have no life insurance features. Name of First Annuitant Date of Birth Date of Death Jean Hiler 02/21/1929 01/09/2007 Name of Second Annuitant Date of Birth Date of Death Richard Hiler 11/27/1928 12/07/1999 Name of Decedent Date of Birth Date of Death VALUE OF CONTRACT/CERTIFICATE AT DECEDENT'S DEATH Contract/Certificate Issue Date of the Date of Death Value of Remaining Investment Number Contract/Certificate the in the Contract/Certificate . Contract/Certificate TIAA No.: ID20003-7 08/01/1989 $2,032.95 N/A Notes: The Federal Estate Tax Value (Date of Death Value) of an annuity at death is what it would cost the surviving annuitant or beneficiary to replace the continuing benefits. The value is calculated as of the date of death and therefore does not change.. The value does not represent the cash entitlement a beneficiary is due and is used solely for estate tax purposes. TIAA-CREF follows accepted industry standards and procedures in determining the value of payout annuities for the estate of a deceased annuitant. The Remaining Investment in the Contract/Certificate represents any remaining after-tax contributions in the Contract or Certificate owned by the annuitant. The Remaining Investment in the Contract/Certificate is non-taxable to the surviving annuitant or beneficiary when it is paid. THE UNDERSIGNED MANAGER OF TIAA-CREF HEREBY CERTIFIES THAT THIS STATEMENT SETS FORTH CORRECT AND TRUE INFORMATION. Signature Title Date Muhammad Khan Manager, Pension Products February 28, 2007 REV-1151 EX+ (12-99) . SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT Hiler, Jean F. Debts of decedent must be reported on Schedule I. FILE NUMBER 21-07-0069 ESTATE OF ITEM NUMBER A. FUNERAL EXPENSES: DESCRIPTION AMOUNT See continuation schedule(s) attached 1,602.96 1. ADMINISTRATIVE COSTS: Personal Representative's Commissions B. Gerald W. Hiler Social Security Number(s) I EIN Number of Personal Representative(s): Street Address 193 Simmons Road City Mechanicsburg Year(s) Commission paid State PA Zip 17055 7,529.00 2. Attorney's Fees Bogar & Hipp Law Offices 16,750.00 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address City Relationship of Claimant to Decedent State Zip 4. Probate Fees 414.00 5. Accountant's Fees 6. Tax Return Preparer's Fees 410.00 7. Other Administrative Costs See continuation schedule(s) attached 20,738.62 TOTAL (Also enter on line 9, Recapitulation) 47,444.58 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 6-98) Rev-1502 EX+ (6-98) *' SCHEDULE H-A FUNERAL EXPENSES continued COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT Hiler, Jean F. FILE NUMBER 21-07-0069 ESTATE OF ITEM NUMBER DESCRIPTION AMOUNT 1 Myers Funeral Home, Inc. - Funeral 1.352.96 2 Shiremanstown United Methodist Church - Funeral Luncheon 250.00 Subtotal 1.602.96 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H-A (Rev. 6-98) Rev-1502 EX+ (6-98) . SCHEDULE H.B7 OTHER ADMINISTRATIVE COSTS continued COMMONWEAL1H OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Hiler, Jean F. FILE NUMBER 21-07-0069 ITEM NUMBER DESCRIPTION AMOUNT 1 Assured Land Transfers - Notary Fee in connection with real estate closing 10.00 2 AT&T - Telephone-Final Bill 10.08 3 Cumberland County Recorder of Deeds - Realty Transfer Tax 1.710.00 4 Cumberland Law Journal - Executor's Notice 75.00 5 Drl-Way, Inc. - Carpet Cleaning (prior to sale of home) 135.00 6 Henderson & Co. Jewelers, Inc. - Appraisal 105.00 7 Lawyers Realty LLC - Real Estate Commission 5.105.00 8 M. C. Walker Realty - Real Estate Commission 5.155.00 9 Marlin E. Yohn, Upper Allen Township Tax Collector - County/Township Real Estate Tax 532.05 10 PP&L - Electric Bill-Final 378.07 11 Register of Wills - Short Certificates 24.00 12 RESERVES: - Costs to conclude administration of Estate including filing fee for Pa. Inheritance Tax Return, Inventory and First and Final Account; preparation of Personal and Fiduciary Income Tax Returns 2.500.00 13 Rowe's Auction Service - Commission on Sale of Personal Property 3.357.50 14 Rowe's Auction Service - Commission on Sale of Automobile 320.00 15 Terry Lindsey - Trash Removal (prior to sale of home) 325.00 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA.1500 Schedule H-B7 (Rev. 6-98) Rev-1502 EX+ (Ha) . SCHEDULE H.B7 OTHER ADMINISTRATIVE COSTS continued COMMONWEALTH OF PENNSYlVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT Hiler, Jean F. FILE NUMBER 21-07-0069 ESTATE OF ITEM NUMBER DESCRIPTION AMOUNT 16 The Patriot News Co. - Executor's Notice 127.74 17 Travelers Indemnity & Affiliates - Automobile Insurance 196.50 18 Travelers Indemnity & Affiliates - Homeowner's Insurance 257.01 19 United States Postal Service - Certified Mail-Prudential Insurance Company and Allstate Insurance Company, TIAA-CREF 15.21 20 United Water - Water Bill-Final 56.96 21 Upper Allen Township - Sewer Bill - paid on settlement statement 300.00 22 York Waste Disposal- Trash-Final Bill 43.50 Subtotal 20.738.62 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H-B7 (Rev. 6-98) Rev-1512 EX+ (6-98) *' SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RET\JRN RESIDENT DECEDENT ESTATE OF Hiler, Jean F. FILE NUMBER 21-07-0069 Include unrelmbul'll8d medical expenses. ITEM NUMBER DESCRIPTION 1 Aero Energy - Heating Oil - Final Bill VALUE AT DATE OF DEATH 91.60 2 Alert Pharmacy - Prescriptions-Final Bill 422.89 3 Messiah Village - Final Bill 3.275.87 4 Pennsylvania Department of Revenue - 2006 Personal Income Tax 490.00 5 United States Treasury - 2006 Personal Income Tax 1.256.00. TOTAL (Also enter on Line 10, Recapitulation) 5,536.36 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule I (Rev. 6-98) REV-1513 EX+(9-00) *' SCHEDULE J BENEFICIARIES COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT NUMBER Hiler, Jean F. NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY TAXABLE DISTRIBUTIONS [include outright spousal aistributions, and transfers under Sec. 9116(a)(1.2)] RELATIONSHIP TO DECEDENT Do Not Ust Trustee(s) FILE NUMBER 21-07-0069 SHARE OF ESTATE AMOUNT OF ESTATE (Words) ($$$) ESTATE OF I. See attached schedule Total Enter dollar amounts for distributions shown above on lines 15 through 18, as appropriate, on Rev 1500 cover sheet II. NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART 11- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET 0.00 Copyright (e) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule J (Rev. 6-98) SCHEDULE .. BENEFICIARIES (Part I, Taxable Distributions) ESTATE OF: Jean F. Hiler 052-26-2867 01/09/2007 Item Name and Address of Person(s) Share of Estate Amount of Estate Number Receiving Property Relationship (Words) ($$$) 1 Gerald W. Hiler Nephew One-Seventh (1n) of 193 Simmons Road Rest, Residue and Mechanicsburg, PA 17055 Remainder 2 David L. Jumper Nephew One-Seventh (1n) of 15 Rockaway Drive Rest, Residue and Camp Hill, PA 17011 Remainder and Seiko Watch 3 James R. Jumper Nephew One-Seventh (1n) of 226 First Street Rest, Residue and Lemoyne, PA 17043 Remainder and Diamond Stud Tie Tack 4 Joyce J. Kreuter Niece One-Seventh (1 n) 319 McBath Street Rest, Residue and State College, P A 16801 Remainder and Diamond Ring 5 Jeffrey W. Loope Nephew One-Seventh (1n) 8387 Kimball Road Rest, Residue and Manlius, NY 13104-9353 Remainder and Pewter Bicentennial Figures 6 Betsy L. Miller Niece One-Seventh (1n) 131 Washington Street Rest, Residue and Manlius, NY 13104 Remainder, Diamond Stud Earrings and "Dresden Plate" Quilt 7 Amy L. Zullo Niece One-Seventh (1n) 614 Hummel Avenue Rest, Residue and Lemoyne, PA 17043 Remainder Total 1 ..-..,;) = (") = c -.. ....;:0 ( ;::::; 26 :=; " T (":) ::z =-~~F; :2::; ;?( 1.0 -}':JQ ~ r-) C) -on ::z 'c- I, JEAN F. HILER, of Mechanicsburg, Cumberl~~coun~y, Pennsylvania, make, publish and declare this as and f;; my La~ Will and Testament, hereby revoking all other Wills and Codicils heretofore made by me. FIRST: I bequeath such of my tangible personal prop- erty as is set-forth in a separate dated and signed Memorandum, which dated and signed Memorandum shall be placed with or at- tached to this, my Last Will and Testament, to the individuals designated therein. It is my intent that the last dated and signed Memorandum shall control. If there is no Memorandum, it is my intent that all of my tangible personal property shall be and become a part of my residuary estate. SECOND: I devise and bequeath all the rest, residue LAST WILL AND TESTAMENT OF ~- ~A \~5 .:~l/ :\'"1 :.._,c..-:J c::) C) - -,.-n _ --n ?<.:(; , - ,.-n ~-/) ;;~ JEAN F. HILER and remainder of my estate of whatever nature and wherever situate, including any property over which I hold power of appointment and together with any insurance policies thereon, as follows: (A) One-seventh (1/7) thereof to my nephew, JEFFREY W. LOOPE, of Manlius, New York, provided that should he predecease me, I give and bequeath his share unto his issue per stirpes by representation, and if there be a failure of same, then I give and bequeath his share to my niece, BETSY L. MILLER. (B) One-seventh (1/7) thereof to my niece, BETSY L. MILLER, of Manlius, New York, provided that should she predecease me, I give and bequeath her share unto her issue per stirpes by representation, and if there be a failure of same, then I give and bequeath her share to my nephew, JAMES R. JUMPER. (C) One-seventh (1/7) thereof to my niece, JOYCE J. KREUTER, of State College, Pennsylvania, provided that should'she predecease me, I give and bequeath her share unto her issue per stirpes by representation, and if there be a failure of same, then I give and bequeath her share to my nephew, DAVID L. JUMPER. (D) One-seventh (1/7) thereof to my nephew, DAVID L. JUMPER, of New Cumberland, Pennsylvania, provided that should he predecease me, I give and bequeath his share unto his issue per stirpes by representation, and if there be a failure of same, then I give and bequeath his share to my niece, JOYCE J. KREUTER. (E) One-seventh (1/7) thereof to my niece, AMY J.. ZULLO, of Lemoyne, Pennsylvania, provided that should she prede- cease me, I give and bequeath her share unto her issue per stirpes by representation, and if there be a failure of same, then I give and bequeath her share to my nephew, JAMES R. JUMPER. (F) One-seventh (1/7) thereof to my nephew, JAMES R. JUMPER, of Lemoyne, Pennsylvania, provided that should he prede- cease me, I give and bequeath his share unto his issue per stirpes by representation, and if there be a failure of same, then I give and bequeath his share to my niece, JOYCE J. KREUTER. (G) One-seventh (1/7) thereof to my nephew, GERALD W. HILER, of Mechanicsburg, Pennsylvania, provided that should he predecease me, I give and bequeath his share unto his wife, DORIS J. HILER. THIRD: Should any of my great-nieces and great-neph- ews, as specifically set forth herein, not have attained the age of twenty-two (22) years at the time for distribution to him or her, I give, devise and bequeath the share of each such great- niece or great-nephew to my hereinafter named Trustee or Trust- ees, IN SEPARATE TRUSTS, to hold, manage, invest and reinvest the shares so received, and to use and apply from time to time such portion of income and principal for the said great-niece's or 2 w great-nephew's education (including college, trade school or other similar training or education), as my Trustee or Trustees, in their sole discretion, deem advisable. Any income or principal not so applied shall be dis- tributed to each great-niece or great-nephew when he or she attains the age of twenty-two (22) years. In the event any of my great-nieces or great-nephews die prior to the termination of the Trust set forth herein for their benefit, the interest of my great-niece or great-nephew in said Trust shall cease with any income and principal being divided evenly between or among that deceased great-niece's or great-nephew's natural brothers and sisters or the separate trusts established hereunder for their benefit and, in the absence of any natural brothers and sisters, to my other great-nieces and great-nephews, as specifically set forth herein, in equal shares. FOURTH: In addition to all powers granted to them by law and by other provisions of this Will, I give the fiduciaries acting hereunder the following powers, applicable to all proper- ty, exercisable without court approval and effective until actual distribution of all property: (A) To sell at public or private sale, or to lease, for any period of time, any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms (including credit, with or without security) or conditions as are deemed proper. This includes the power to give legally sufficient instruments for transfer of the property and to receive the proceeds of any disposition of it. (B) To partition, subdivide, or improve real estate and to enter into agreements concerning the partition, subdivi- sion, improvement, zoning or management of real estate and to impose or extinguish restrictions on real estate. 3 r (C) To compromise any claim or controversy and to abandon any property which is of little or no value. (D) To invest in all forms of property, including stocks, common trust funds and mortgage investment funds, without restriction to investments authorized for Pennsylvania fiduci- aries, as are deemed proper, without regard to any principle of diversification, risk or productivity. (E) To exercise any option, right or privilege granted in insurance policies or in other investments. (F) To exercise any election or privilege given by the .Federal and other tax laws, including, but not necessarily being limited to, personal income, gift and estate or inheritance tax laws. (G) To make distributions to my herein named benefici~ aries in cash or in kind or partly in each. (H) To borrow money from themselves or others in order to pay debts, taxes, or estate or trust administration expenses, to protect or improve any property held under my will, and for investment purposes. (I) To select a mode of payment under any qualified retirement plan (pension plan, profit sharing plan, employee stock ownership plan, or any other type of qualified plan) to the extent the plan or the law permits them to do so, and to exercise any other rights which they may have under the plan, in whatever manner they consider advisable. FIFTH: I nominate and appoint JAMES R. JUMPER, as Trustee of the hereinabove described trusts. In the event of the death, resignation or inability to serve for any reason whatsoever of the said JAMES R. JUMPER, I nominate and appoint JEFFREYW. LOOPE, as Trustee of the hereinabove described trusts, 4 . .. who shall serve without bond and shall receive fair or reasonable compensation SIXTH: I direct that all inheritance, estate, trans- fer, succession and death taxes, of any kind whatsoever, which may be payable by reason of my death, whether or not with respect to property passing under this Will, shall be paid out of the principal of my residuary estate. SEVENTH: All interests hereunder, whether principal or income, which are undistributed and in the possession of the fiduciaries acting hereunder, even though vested or distribut- able, shall not be subject to attachment, execution or sequestra- tion for any debt, contract, obligation or liability of any beneficiary, and furthermore, shall not be subject to pledge, assignment, conveyance or anticipation. EIGHTH: I nominate and appoint GERALD W. HILER and JAMES D. BOGAR, Co-Executors of this, my Last Will and Testament. I direct that my Co-Executors, Trustee or Trustees, as the case may be, and their successors, shall not be required to post security or a bond for the performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last will and Testament, this \3'~ day of ~otJ&tl'\ plt,P- , 2006. \:;~ ~. ~ILER (SEAL) 5 .. ~ Signed, sealed, published and declared by the above- named Testatrix as and for her Last Will and Testament in our presence, who, at her request, in her presence and in the presence of each other, have hereunto subscribed our names as attesting witnesses. Address &ut<< ~. Address 6 f MEMORANDUM In accordance with the provisions of Clause FIRST of my Last Will and Testament, dated November 13, 2006, I direct that the following described personal property be given outright to those individuals so designated: 1. To BETSY L. MILLER, I give the Diamond Stud Earrings and "Dresden Plate" Quilt. 2. To JEFFREY W.. LOOPE, I give the Pewter Bicentennial Figures (10) Franklin Mint. 3. To JOYCE J. KREUTER, I give the Diamond Ring. 4. To DAVID L. JUMPER, I give the Man's Seiko Watch and Square Tie Tack with Small Diamond in Center. 5. To JAMES R. JUMPER, I give the Diamond Stud Tie Tack. Date: y\....'.-M.. ~u...-rv 4Q~ JE' F. HILER (SEAL)