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HomeMy WebLinkAbout07-21-08r^-J ,..._? i' J ~-- ~ S : _J -_ , I T i IN THE COURT OF COMMON PLEAS ` _`~ `~~ CUMBERLAND COUNTY, PENNSYLVANIA ~ ; '~`~' ~_ _ ORPHANS' COURT f ~ `? fi-' ' ' ~ ? ._ ~' ~, ~ r~ -;, ~- ~ , IN RE: ROBERT G. TRAVER ~ ~ ~ j and O.C. No. 21-200$-0564 LOIS J. TRAVER . PETITION FOR REMOVAL OF AGENTS UNDER THE POWER OF ATTORNEY OF ROBERT G. TRAVER AND NOW, comes Petitioner, Ronald E. Traver, by and through his counsel, James, Smith, Dietterick & Connelly, LLP, and files this Petition for Removal of Agents under the Power of Attorney of Robert G. Traver and, in support thereof, alleges as follows: 1. Petitioner, Ronald E. Traver ("Petitioner") is an adult individual residing at 1100 Pinetown Road, Lewisberry, Pennsylvania 17339. 2. Robert G. Traver ("Mr. Traver") is an-adult male, age 81, who currently resides at ManorCare-Camp Hill Skilled Nursing Facility, located at 1700 Market Street, Camp Hill, Pennsylvania 17011, and has resided there since December 17, 2004. 3. Lois J. Traver ("Mrs. Traver") is an adult female and wife of Mr. Traver, age 74, who currently resides at ManorCare-Camp Hill Skilled Nursing Facility, located at 1700 Market Street, Camp Hill, Pennsylvania 17011, and has resided there since January 25, 2006. 4. On or about May 23, 2008, attorneys for ManorCare ("ManorCare") filed a Petition for Removal of Agents and Appointment of Trustee to facilitate the sale of real property located in York County, which consists of a house and farm, consisting of approximately 231 acres ("Farm") with respect to Mr. Traver and Mrs. Traver. 5. As part of that Petition, a copy of Mr. Traver's Power of Attorney appointing Mrs. Traver and Anna M. Messimer ("Messimer") as co-agents under the Power of Attorney of Mr. Traver was attached to the Petition. A copy of the Power of Attorney is attached hereto and marked as "A" and made a part hereof. 6. Messimer, on behalf of her parents, retained the law offices of Gates and Associates to prepare a Medical Assistance plan for Mr. Traver and Mrs. Traver in or about 2005. 7. As set forth in ManorCare's Petition, Mr. Traver and Mrs. Traver have not yet qualified for Medical Assistance, but rather have compiled substantial fees due to ManorCare. Petitioner believes that through the advice of undersigned counsel, that Mr. Traver and Mrs. Traver should be able to qualify for Medical Assistance at the present time. 8. Specifically, Mr. Traver's and Mrs. Traver's only major asset is the Farm. 9. It is believed that the Farm would be considered an exempt asset since the total assessed value for the Farm is below $500,000, which is generally accepted by the county assistance office when a Medical Assistance application is submitted. Furthermore, it is believed that the Farm would not only meet the residence exception under 55 Pa. Code § 178.62, but also as property used in a trade or business, central to self support, under 55 Pa. Code § 178.64. 10. On or about January 25, 2008, Messimer, acting as agent for Mr. Traver, transferred the Farm property that had been owned by Mr. Traver and Mrs. Traver, individually as equal tenants in common, to Mrs. Traver, individually. A copy of the Deed transferring the I~ arm is attached hereto and marked as Exhibit "B" and made a part hereof. 11. Upon information and belief, Mr. Traver is under the impression that he still owns one-half of the Farm, and that it was not his wish for it to ever be sold. 2 12. Messimer has breached her fiduciary duty to Mr. Traver by transferring the Farm for no consideration. 13. Upon information and belief, Messimer has entered into an Agreement of Sale for the Farm, which will result in Mr. Traver's ineligibity to receive Medical Assistance and to thwart his wish that the Farm not be sold. A copy of the Agreement of Sale is attached hereto as :Exhibit "C" and made a part hereof. 14. Messimer has breached her fiduciary duty to Mr. Traver by selling the Farm against her father's wishes and is doing so in a depressed real estate market. 15. Messimer's failure to act for the benefit of Mr. Traver has caused his continued denial of Medical Assistance. 16. Under the Power of Attorney, attached as Exhibit "A", the Petitioner is the successor agent. WHEREFORE, as part of this Petition for Removal, we are requesting the following relief: a. That Anna M. Messimer and Lois J. Traver be removed as agents under the Power of Attorney for Robert G. Traver, and that Petitioner be declared the sole agent under the Power of Attorney; b. That the Farm be immediately transferred to Mr. Traver as one-half tenant in common in order that he may qualify for Medical Assistance and that his wish that the Farm not be sold; 3 c. That the Agreement of Sale, which was entered into on June 3, 2008, be declared null and void due to the agent's breach of fiduciary duty to Robert G. Traver; and d. Together with any other such relief that the Court deems just and proper. Respectfully submitted, ~ t7 J~ Date: JAMES, SMITH, DIETTERICK & CONNELLY, LLP and P. Seeber, Esquire Attorney ID No. 76084 ~s~ sdc.com Neil W. Yahn, Esquire Attorney ID No. 82278 nwy~a isdc.com 555 Gettysburg Pike Suite C-400 Mechanicsburg, PA 17055 717-533-3280 4 VERIFICATION Petitioner, Ronald E. Traver, verifies the statements made in this Petition that are within :his personal knowledge are true and correct as to the facts upon information from others, after diligent inquiry, Petitioner believes them to be true. Petitioner understands that false statements made hereunder are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn .falsification to authorities. ., Ronald E. Traver CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Consent Motion for Continuance was served on the following this l 2~%"day of July 2008 via United States First Class Mail, postage prepaid to: Kirk Sohonage, Esquire 417 Walnut Street 4`h Floor Harrisburg, PA 17101 Lowell R. Gates, Esquire Gates, Halbruner & Hatch, P.C. 1013 Mumma Road Suite 100 Lemoyne, PA 17043 Respectfully Submitted: JAMES, SMITH, DIF~TTERICK & CONNELLY, LLP Date: ~~ ~ '~ By: Ed ar . Seeber, - 6°i/9~3/200£i 16;32 717'"',2189 MANORCAh~E,CA~ 'II...L PAGE 6111 ~... . NU . CE TO THE ~RXNC~~'AL G~.A•.,~1TXN~ A ~gVV~k ()F ~"~'TORN THT PURI'45E 4F TES POWER Q~' ATTaxNEY IS TO c~vE TI3(E I'ERS4N YOU AESIGNATE (YO~(JR "AGET~'1~'~ IIRUAD FO`~ERS 1'O HANDT.E YO'{JR PRUPERTY, WHICX~ ~ViAY II~CL'UDE kOWERS TO SEx,E aR UT~ERWISE UiSFdSE C)F r~.NY RI~;AL~ UR ~?ERS~NAL PR.OPERT~.' ~VITH4I7T ADVANCE NOTICE TO'YipY3 UR APPROVAL B'Y'Y~-U. T~ii5 FdWEi 'tom 4~r AT 1~ORNEY DOES NU i ui'(FOSE A DU a ~Y aN 'ti0 uT~ AGENT TO E~'EItCISE GRAN"~ED POWERS, B'CJ'X' WHEN Pi~WERS AI3E EXLItCXSED, 'ltUXTR AGENT 1v.CU8T USIr :D'UE CARE T4 ACT Fa-ki YU'U'R RENEk'~'i Ai~TD IN ,ACCORDANCE WITH T3~IS POWER qF ATTURNEY. YOUR AGENT MAY E~ERCCSF. THE POWERS GI'V"EN HERE 'THRU`UG~R4L1T XOUR LYF'ETIME, EVEN AFTER. YOl7 I3ECQME DtiTGAPACxTAT"ED, t11tiIIaESS Y4E7 E~PI~SSLY LIT THE I1iJRATION (]F THESE PO'wERS alt'~(QU RE'YdK~ THESE POWEILS OR A COURT ACTxNG ON XaUR IiEDALIi TERt~INATES~'YOUR A.G.ENT'S AUTHORITY. YOUR AGENT MUST REEF SCOUR FUND5 .SEPARATE FROM YaUR AGENT'S FUN'D$. A cou~T CAN TAB A WA,`St TI!'E pQ~WERS ()F~'QiIR fIGENx Ik' ~' FIl*FDS YOUR AGENT fS NOT ACTING PRUPERL"S~'. THE5E kCfWERS ~-J!3'TI DUTIES C1F' A,N ~i.GENT UNDT~R A~ POWER 4~' !#TTORNEY ARE EXPLAINED 1v,~ORT 1~ULLY ~N Z(~ PA. C. S. CIi. 56. LF TI~ERE ZS ANYTHING A,BOLIT TkTIS FARM T'EiAT ItCU DO NOT UNXIE~STAIrTI], YUU SI~QLILD ASIA A J-~A.Vy'YFR OF YOUR U`WN CgQOS~NG TQ E3~.PLAIN IT x0 'YOU. I TiAVT:, READ aIt HAD EJ~PLAINE]) 'Y'O P-~E TIT(S NOTICE AND I UNDE.I2.STAND ITS CONTENTS. ~, RaBERT G. 'T12.A'trF,R, PRINCIPAL 69/6Z•,r~Jt7d nR ~~ •~^ ~~ ' ~l~IH 2~3Nf1~IS~t~H S31bJ ~, lU r~ve~~ ~~ . DATE EXHIBIT .~ D D 05i0s/Za08 16:32 71773~?189 MlaNORCARE,CAMP~?~L PAGE 02/11 ~~~~,~~ GE1tiFE~tAI., ~~.R [lE ATTbRl~lli~~' I. R(~1~ERT G. ")~'RA'V'EI.2, now of 1.076 Pinetawn Road, LewisUerry, Rork Gau3n.ty, i enr.syEvania 17339, appoint my wire, LOTS J. TRAVicR, now of lu~i6 p~inetown Road, 1.ewisberry, Yark +Corlr,ty, Pennsylvania 17339, axed any daughter, ANNh M. M~SSIME,I.t, now of J 095 Pinetpwn Rnad, Lewisbcay, York County, Pennsylvania 1 ?~ 39, to a.ct jt~intly or intlivadually, as my Co-ltg~nts- If citheF of tlaein Urecleceases me, resigns as ~'av l`tgont o,r Fails to carnplete the duties as my ~L.gen~ then the survivor of them shall sexve as my Agent. LO]iS .I. ~ItAVER and ANI~1A. Tbf. MESSINI.~R are re£erretl to as "my Ca-Agents" in- t7~i,s document if and in the event that bout o£ my ~:o-Ag~ats pxedase me, ar da not c4rnplete the dutiFS „f ~:~y±r,ae arld la~;~sl Co-~'~1g:.rts, then ana' :r: swc17 ev~;t, :hexleby r.•.a'~ce, cor.a t'LLtc and appoint my snra, RONAJ'1D E. TItAVE'R., now of l 1L10 Pinetown Road,Lewisberry, York Cavmty, ~'~rasylvania 17339, asmy SuccessorAgent, with all therights and dt~tieshereinafter sCatod. I intend to creaxe a T3urable Power cif A,ttarztey pursuant to 2U Pa. C_~_ Section 560 (or tk~e corresponding provision of any subsequen# state lam}. 'x'l~e e£fve date of this Power is IVovenntscr 16, ZOOS_ It is my express intent and direction that this power t~f 1~Lttorr3ey ar~d the authority and gawers hereby conferred shall not be affected by my subsequent disability, incapacity or incornpetesacy, or the adjudication thereof, or later uncerCainty as ta'whether I am load. ar, alive, encl. shall be fully exerci.sabJ a notwithstanding the same. Nly Agent i.s hec'eby given the fttilest possible pow~r3 to act an my beh~f, with Che same powers, for all ptxt}aoscs, atad wiC1~ the same validity as I could, if persat~ally present. Without Iixniting the grn~-a! powers hercbyalready conferred, any Agent shall havethe fallowing specific powers, including, but not limited ko: X. To collect and receive any money and assets to which. I rrtay lie entitled; to deposit cash, and checks im. any of my acGOUnts; to eadosse for deposit, transfer oz collection, in my name and for my account any chocks payable tt~ my ardor; tv drag and sign t17ec~c far Xtie and in my name, including any accounts opened by such Agent itt my Ytaxne at any bank, Savings society, money market fund ar elsewhere; tQ receive and apply the proceeds of such checks as my Agent decrr-s best; and, to close ac~cvvnts. 2. To take all lawful steps to recover, collect and zeceiva any amounts o'Ftttioney now or he~a#ter owing or payable to me; and, to compromise axxd execute releases ur other sufficient discharges for such amouo,ts; 3. ?o make loans, secured or unsecured, in such amounts, upon such terms, with or without interest and to such fim,s, corporations, aad pezsans a,~ my Agent deems apprapri ate; 2 77~f'~T[7~T1 fAC_fA4_~ 1714 1 fA . n'7 "CLN'lM.. 7'I ?'7'x'7'7'1 00 Trr f,-.1.,~,..:.... n......, _ 7 r e+ t~nn-, rnn ~ 69/06 3rJtid S1bH ~ISNf1~Ig~dH S31b~J LZ96-Z61 -I TI ~a .QT ~~~~ ~~T row 0Fi/0$/200t~ 10:32 7177°'719 MANOF~CARE,CAM'"''Xl.~ PAGE 03f 11 ~- To institute, prosecute, defend, compromise, or otherwise dispose of (anal to app~• far me in any proceediz,gs before any tribunal for the enfnrce~.nen,t or for the defuse of} any claim, either atom or ire conjuactaon with other {~ersa:~tis, relating to me or to any property of mine or any other pet-sons; to obtain, discharge Arid substitute cuun.sel and to dutia4ri4~. c~p}~tGTa'iCC of suoh ~ours81 to Ve ,4,",*_ered fo, ;'•':~ t.^. acv suoY! arti~in nr nrnCeeding; azzd, to compromise or arbitrate any clairza. ~in which .[ may be interested. and for that pucppse toe[aCcr into agreenn en t or contprorni~:e or az;bitr2.kion and perform or glfprce aray award entered pursuant to such arbitration; 5. To lease, sublet, sell, release, Hire professiozi~~t rnax,agcrs, convey or ixit~rtgage any real property awned by the (includin4 ir~y residence) or ir3 tivhi.eh 1 have an interest now or in, the future, upon such, terms anti conditions ar~d under suc1J covenants as my Agrnt shall deterinitxe, including the sale of my real estate anal to sign, execute aitrl deliver deeds and conveyances therefor. 6. 1 o ptuchase or otherwise acqui re anyinterest in and possession, uf'real property and to accept all deeds xor sucks property alt my behal;E; and, to manage, repair, i,T,Yl~rove, maintain, restorE, build, or develop airy real property in which J now have or rxiay lave an interest in the future; . 7'. Ta execute, deliver aad aclrnowledge deeds, deeds of trust, covenant`, indentrups, agreements, mortgages, hypothecations, bills of lading, bills, bonds, notes, >~ceipts, evidences of debts, rcleeses and satisfactions ofmartgage, judgttenis, gz-aund rents acid other debts; 8. To collect, compromise, 4i1d,0~'SB, barrow against, bypotl,ecate, release aad recover az~y promissory note receivable, whether sEOUred or uiasvcurGd, and any related deed of trust, 9, To buy, purchase, 8811, repair, alter, maz~~age and dispose of personal property ofevery kinei and nature at private or public sale and tQ sign, execute and del.i'~er assigoments and bills of sale therefor; 10. To enter my safe deposit boxes and to open new safe deposit boxes; to add to and to remove any of the contents of any such safe deposit boxes; and, to close ar3y of such boxes, 1 1. Xo borrow money 1•vr my account vn vuhat~rer terms and conditions deem. advisable, includiri,g borrowing money an xr~y insurlnce policies issued on my life for any purpose without any obligation on the part of such insurance company za determine the purpose :for such loan or application of the proceeds, and to pledge, assign and deliver tlae policies as security; 12. T'o apply for and to receive anygovernment, insurance Arid retirement bcne~ts to wlv.ch T may be entitled and to exercise any right too elect beztef t+a or pa~~,reat oprions; to ., nrr•r TC irn rr r - 69/TE ~9t7d •" , „~~ ~~, " ~1tiH ~13Nf12~fi~17H S~ld~ ~- ~7q~.=T~i_1 r~ cn •r,r ~r.~,~ .,.,_ ..__ 05102/2@B 16:32 7177"?~By MaNORGARE,Ct~M'- T.LL P~1G~ 04/1, terminate such benefiz5; to c11Ange Uenef.ciazies or. ownership of such ben.~fits; and, to asslg[1 rights or receive cash value in return .far the surrender of any ar sll rights I may have izt life insurance policies or benefits, arln~ity policies, plarxG of benefits, mutual hind and other dividend inveSCment glans and retirement, profit-sl~arin,g and employee vvelfa~re plans and u~GA `...",~ }. 3 _ '1-Q take custody of al~y stocl[s, bands and other investtrlents of a1I kinds, tv give orders forthe sale, surrender or exeZiange of any such ir~,uEStirtcnts and to receive tine proceeds therefrom; to sign and deliver assignments, stock and bond powers and other documents zequired ,for any such sale, assig~~•nent, surrender or. exchange; tc~ give Qrd err fvr the purchase of stocks, b©nds and other investments of any kind; to give instructiaras as to the reglstxation thereof and the mailing of dividends ax-d interest therefrom; and to deposit coupons attached to atay coupon bands, r~rhether now vwtzod by me ar hereafter actluueci; 14_ Top;irchasefoztx~e UnitedStat~safAmeri~l'rcasuryE3ondsaftk~ekindwhich az~ zedeemablc at par in payrnert of federal estate taxes; tv borrow vaaney ~d obtain czedix in my name fxarn any source for such purpose; to make, execute, endorse and deliver lnou~issory notes, drafts, a~eeznenta or other obligations for suah barzas and, as security therefac, to plr~dge, ,nortgage and a5si~m. any stocks, bands, secux~ties, insurance values ar~d other properties, real or porsanal, in which 1 may have an interest; aAd., to azraxtge fnr the safekeeping and custody of any such `.i'reasuzy)3onds; 1S. Tv open, close, or maintain accounts (including accounts on ~na~rgi~o or other leverage device, and aceouztt;~ ix~ options, calls or futures) with stockbr,~kers,vavestrne~nt counsel, financial advisors, or. athox similar agent ar inttrrraediary, or throug~Z ari account 1,eld by my A.$ent in an on-Brie service, and to buy, sell, endorse, transfer, hypatrecata, levc~ge, margin, az barrow agaixist any of the accounts, stock, hands, capital accountsi futuzes, aptiar.~s or atlzer securities; 16. Ta vote at alI meetings of sh2zehaldcx4 (whctber general, regular or special} of any corporation whose shares I awn, on any questions whiCl?. nay aaxse at any such, r~r~eetiaig, azfd to do evcrythir~g respecting such sl~2ues of stock, including the calling of rae~tin~s of directors ar stockl~alders yr rnalGing and giving consea~ts and ratifications, aid any orll~er act which l could dv if personalty present, intending hereby to confer upon sny ><lgent full power azad authority to do (with referencE to such shares of stock) everything'whir~ Tmight ar could do as owner of such shares; 17. ?b continue the operative of any busitess belonging to me or ir+ which Z have a substantial interest, in such inar-ner as my Rgent may deem advisable ar to sell, liquidate or ixicorporate any business (drintere9t therein) on such terms as tnyAgent may deem advisable and in my t7est interesCs; 1 S, Ta procure, charge, carry or cancel insurance of such kind and in. such amounts as my Agent deems advisable to protect from risks affecU.ztg property or pat•sons due to liability, damage or a claim of any sort; to claim anybe~r~efrts or proceeds an mybehalf; and, to purchase medical insurance for a+ay dependent of mina; 4 TJCf'CT57Ci1 fAC_170 ~ 17c] ~1 rn . n 1 rnno. nn ~.•-.r~r,.-,n ..n ..... 69/ZE ~Jl7d ~1bH ~l3Nf12~S~dH S31ti~J 17CC_TC1-l T, ~~•~r .,....- .__ .__ 0S/0B/2088 1:32 7277"2189 MANORCARE,CAN" 'II.L PAGE 05!3.2 19. :Ifmarried, to join With n1y spouse or arty spvu5e's estate in filing income ax gift ta~c returns for an3~ years for wbicli i have not ftled such rettuns and to consent to any gifts made by soy spouse as being made one-half, by me for lift tax 13urposes, eve though such action suhjects i7iy assets to additional liabilities; 20. To prepare, sign and file federal., state and local income, gi)'! ar other tax and informs#iozt returns of all kiztds,~claiars for refund's, x•equests ox extensions of time, petitions to d1e 1:1'zzited States Tax Caitrt or other courts rc^.gardirtg tax matte„ and any a,nd all other tax xelated documents, including; withoutlzanitatian, receipts, a'l~ers, waivers, consents ('irtclu.ding, but not limited to, consents and 2~gce~~nents under lntet-rxal ~ovenue Code (he~'einaftcr >.l~,C) Section 2032A, or its successor), powers of attatne3r, and closing agreements; to exercise any elec#azts I may have under federal, state and Iocal tax laws; arid, generally to act on nay behalf in all tax rn,atters of a).1 kinds and for. all periods before aIi persazxs representing the internal Revpiue Sezvice and azay other taxing authority, includingreceipt Of confidential infarmati.on and the potting ofbonds. 21 _ Ta make gifts, urtlirnited in amount, as set forth below, eith.ec outri~t or in trust or, in flee case of minors, in acoordan.ce with the ~lJizifarm Gigs to minors Act and, for gifts made i.n trttSt, to cx,acute a died a£ trust for such purpose desigz,.ating one or uzoxe persons, includingmyAgerzt, as original or successor trustees. T}zi,s power includes the ri~zt to make ad,dixivn.s to an existing trust and does not re(lilire my A.~;ertt to treat the danees equally ar proportionately and may e~ndrely exclude one or more pe3ouissible doztees. "The patrerrl followed azY the occasion of any such gi.i} (ar gifl;s) neod ~aot k~e followed art the occasion of any other gift (or gifts). The power to make gifts shall be limited #o my tarotiiers and sisters (wl?ether by the w}tale or half blood}, spr~use, parents, grandl~arEnts, and lineal descerdauts az~d any organi~atXOt~ described in II~~ Section SOI~o}(3), lviy Agent aid the donee of the gift shall be rQSpansible as equity and jus#ce x}aay require to L•he extent that s gift made >ay my Agent is itrconsistent v~ritlt the prudent pl.anrkirtg of my estate or financial rnaxxa,gerrient of nzy property, or vwiCh noy known ox ptabab).e intent with aspect to the disposition ofnay estate. The ability afmy Agent to rnal<e gifts of n~yproperty shall be )united by aid shall anlybe made i_n confarmitywithmypte-nuptial agreemer-,t,tfany such agxeeiment EX13t5. 22. ~'4 execute c1 deed Qf tritSt, designatir-g one ar mare persons (including zxty A.ttorneys.in-p'aGt) as original or successor trustee{s} and to transfer to the trust any or all property owned by me as my Agent may decide. The income aztd principal o~the trust ~t,ay, but need oat, be distribut8b)e to me or to the guardian of my estate, or be applied far xray benefit, and upon my deatlS, any remaining principal ar un~;xpeslded income o~f the mast m ay, but need not, be distributed to my estate- Furtherzriare, thzs trust or deed of ttrtzst nay be amendable or re'vooabJe at arty time by zoe or my Agent, or tl~e trust or deed oftrust ~$y be izrevacabie by rzle ar my Agerit; 23. Ta add ax arty time, any ar all of th.e property ovrncd by trie to any mist in existence for my benefit when this power was created. The income sad prncipal of the trust inay, but tteed anot, be distributable to me or to the guardian of my estate ax be applied fc~z~ my 5 rarrrTrrrn .: _ 69/EE ~Jt7d ~- •,~ • ~~ ~~ ~ ~117H ~3Nf1~Ig~dH~S31t1~ ~ ~~gc_rc~_, T~ ~~ ..._ -_-- .-- 6:51~i8/2008 10:32 7277' ?189 M~at~RC~RE,CAr -LL PAGE 0E/~l berae~t during my lifetiir3e sad upon a'ny death any reir~.aiiling principal and unexpetacl.ed income of. c1,.e trust may, but reed. nor, be distributed to ary estate; 24. To withdraw and receive tI» incaa~~e Qr carpus of any tz~zst over which I may ll,fls:e s n~.t ,,F~ir:tllrar~•\r21, TMn~ t~ r~~ii~St -c^.ri rr~Ci.).Tla rl~r in~~+mo nr ~n ~~~a ~f any ~tri~Yt 'V~2~'.~': zcspect to wvhich the trustee thcz-eaf has the discretiarta~y power tv make distributrans to me or on zny behalf, sand to execute & receipt and rei.ea~e or a sirnilax document for the property so received; 25. To convey ar release any contingent or cxpect<tnx irztexests in property, mortal property ruts, and 2ny rights of survi•~arship incident to a ~j~irat tenancy or a tenancy by the entizet~ s w; 26. To elect to take against the will, and conveyances of'tny spouse aftex death; to declaim any interest in. pral,crty Which i am required to disclaim as a result of such election; do retain any prope~~vhich I have the riglYt to elect to retain; tv file petitions pertaining to the election, including petitivzxs Lo eXteald the tittle fpr sleeting, anal petitions far orders, decrees, and judgrnerais; and, to take al_l other necessary actions to effectuate tkae election; z7. Ta accept and acquire or release and disclai;Xr on my behalf any interest in property acquired by intestate, testate dr inter vivps transfer, ~~,cluding the releaso ar disclaimer, or acquisition of axtiy inlCrest in Pi'aP~t`I through the exexcise or surrender of any right to revoke a tevacable ta-nst; 2$. To conti_ntte stay fxduei ary pa5~itiQns to which I have been, yr may be appvizated iazcludiug {but root liriliCed to) personal representative, trustee, guardian. Agent, and officer or dimctor of a ca.rporatian oz political or I,*ovc~nmental body; and, to resign sr~ch positions in which capacity I am. presently serving yr to wb,.icl, I may be appointed; 29. Tl7 HAVE THE AUT~O'RITY TO GIBE CQNSFN'f ~Ql~, A.ND AIJTHQRL~E, SUCH MFD,ICAL AND SURGICAL PROCEDURES A.Nb T'R~t~TMENT (FIVCLU13lNG LIFE-STJSTAINING'T,R£ATIVIENT), T4 BE pERFC71~1.~FU ON ME AND TO AUTHORIZE, AI~ANGE TOR:, CONSENT Tp, NAIVE AND TERIVIINATL A1~1~C r~ND AI,L MEDICA.I.. ~1.N•D SURGiCA~L PRC?CEDUR.ES ANI7 TREA.T1vlENT (TNCT.UDING LIFE-SUSTAINING TREATMENT} ON MY BEHALF, Il~iCEU'D1NG THE ~,.DNfIMSTRATIQN OF DRUGS OR TO `W'I'CI-IHOLD SUCK CONSENT; pRQVIDEI] TI~,AT ANY LIV~TG WILL W,FECH I MAY I~A~E THEN IN EFFECT SHALT. TAKE I'It1rC1r•DENCEOvER THIS PRQVISION; 30. To arrange foz zny entrance into a~;,~d care at any hospital, nursing home, health aente-r, cotavalescent home, retirement home, or similar pezsonal carp, sheltered care, ialtezmediate rare, ar skilled nursing 4~acility; and, tv pay all costs for my care as my Agent, based an rn.edical advice, determines iu good faith to be raecc3ssary and for nzy vuell-being; U 69/bE •,T3Jt7d ~~ ~_ . _- -- ' S1t1H ?~~Nf1~Ig~tiH S31dJ 174-TG'1 _~ r1 ~~ •~T ~.,~~ .~_ .__ 05/fl8~2008 ~8: 3~ 7177:~~~1$9 MaNCJI'cCAf~l~, CAMS"-+ILI. ~'l~GE 07/11 31. 'I"n employ lawyers, itlvestment Counsel, acc~untaara, lahysitians, dentists and other persons to render services ro me ax my estate and to pay the usual and reasonably fees and comp~zsacion. of such ~ersonS for their services; ~7 ~'Q t~1.i: °.Y4yr,tr,S~F `n,9•},y=V/1Sp °~'~'~''.tl.~al~r CTC~,~la~i iri t~l+irlYYa~,4rt`ri1t1Z~w~?p~l of this Power o f Attorney, to appo ~,nt and substi tote under h imsel f and thernsel vES, onYe or more substitute or Successor Agent for any or all tlae puzposes horeiti described, pursuant to Persnsylv2riia Cansolidarted Statutes Title 20, Section SG02tU}(3} or tl~.e cozYespandxn.g p~KOVisivn of. any subsequent state lava; 33. 'I'n make an austomical gift of all or part of my body or decisions concerning pxaceclures .relating to such gift4s) ax prucecltrres, either before or afl•~r my death, provided that any such power shall be subicct Lo and lixxrited by any power grated to my surro~aCe under my >Liviz~g Will; 34. Ta obtain health inforrnatian on behalf of tbeprincipal, including a.n. accounting o:~ hQalkh care az~d information disclosures, and to cnfarce my rights regarding health care and irifarmation thzaugh all means including, bur. x~,pt ]united to, filing complaints and appropriate appeals, to the rn.axirnum Extent permitted 13y 45 C.F.R.. 164.$p2(g) such that my agEnt and Agent shall be cor,sidercd to act sully in my place foT all issltes corxcrming health care coverage, insurance, and infarrtaatiou under tl~.e Health Tnsuranco portability and Accvuzttability Act of 1996, as mended; arid, 3S. 7'a direct the canveyaztcc, trar~s:~er, ar delivery of my mail, including, letter bills, pacl~ages, ar-d carrespondExtce, of whatever rate, type or kind, with such power as may be necessary to receive such correspondence, cJnange the address for delivery o£ such cotrespondence, or otherwise act in my stead with the fodezal Postal ~Ervice or ether itxstitutiazt handling corresgondence. Accarclinl;ly, A_ Except as rmy A~ge+~t znay waive any fees, .my Age-rzt shall. lie ezstitled to receive for services actual'!y performed heretu>.der their norASyal and cttstorrtary charge for pex~ormitag similar scr, vices during the tii~ne the s~rwiccs are perfomned. B. This Power o'f Attorney rioay be accepted and relied upon by anyone to whom. it }4 presented until such person either receives written native of revacataan by me ar has actual knarsuledge of my death ar the revocation afthis Power ofAttorney. C. All actions ofmyAgent pursuant to this Pourer af. Atiorncy during gray abse~nee or any period of my disability or incapacity shall have the sat;r>_e effect and inure to the benefit of and shall bitad mc, ray heirs, distributees, legal represc~»tatives, SUCGeSSOxS a.nd asslgi5, as if F were present, anal cgznpetent and. riot disabled, ax~fl far the purpose ofindu.c~ng anyone t0 act in accazdance with th.e ppwers l nave granted herein, 1.hereby relzresenk, warrant and agree that, if this Power of ,Attorney is terrminated ar arn,eaded for any reason, I and my heirs, 69I5E~~^3Jbd Gte,_fA4_~rt4 ~~• ~1t7H ~ Nf1~Ig~dH~S~1bJ~ Tn r~o~=TCi' iT.'---- *:n _nnr.~~,,,,,, 65/0$/2808 10:32 717732199 MANQRCaR~,CaNaP~YL,~. PaGE 08/1; distributers, J,e};a}representatives, successors and assigns ~wi11 Iia}.d such partyht~nnless for' any loss sutTercd orliabiJ'~tyincu~TCd by $uch party wbilc actiLlg in accordance Frith this Powex of Attorney prior to that party's receipt of written notice of any such tr;rminntion or amendment, T1. [ ,-y^~'nlC@ aril rtiriL,r fvor~r rGnl Cr T1,YrF1~7~° A~"~rxry of 4 tteT;-]P~r rhnt T may tit~.VE . ' ~ r. - - 1 - -~-~ executers and X retain the ;sight to revoke oz amend tl.~i.s Power of Attorney and to substitute other attor~aeys-in-fact in placo of the Agent appointed herein. Amendrnenz~ to this Power of Attorney shalt be made in ~vziting by me persona]ly (not ley my Agent) and they shall be attached- to t?ae origins of this Powea- of Attaxney. ~. Pursuant to Petu'fsylvar~zia Cansoaidated Statutes Title 2Q, Section 5~r~~{c}(2) or the cozresponding pxc~vision of at~y subsequent state law, i f incapacity proceedings far ~y estate air my peason are hereafter cornxxtenced, I hexeby norn.inate, constitute anal appoint tk3.e above-described Agent as the guardian of any estate and my person. >:f and i~}. the event that my A.gEnt p<edeceases rne, ar does not complete the duties o~`,ny true anal lawful A,geut, then and i.n siicb event; Y hexeby nominate, cons#itute an,d appoint the above-d~5c~n-bed Successor A.ge.r~,t as the l*uardians ofr~y estate arad my.person.. F. _ I anderstan,d that this Power of A.#~tarney is au important legal aoctux~,ent. }3efare executing this doourn.ent, my attortaey-at-law explained to me the following: {1 } This document provides my Ageszt with broad powers to dispose of, sell, convey anal encurnl}er my real and personal pr4pexty; (2) ~'he powers grantccl ire this Power of Attorney will bacvrne effective upox}, the exectr6iQrt of this document and wii.l exist for ax-, ir~.definite per, loci of ti~zxa anless I linc-it their duration by the terms of this Fo~w~r ai revoke this Power. ThESe powers will continue to exist natyYith,standing my subsequent disability ax ific3pacity; and, (3) T have thy: right to revoke or. terminate this Power at any time. G, Questionspertainingtothevalidity,con5tructiona~~dpowerscreat€~undertYus Power 4fAttc~rrey shall be dEtE~nined in. accordance with the laws aftl~e Conlmonwealtlt of Penusylvania._ Vdhere hearein used, the plot. al shall include the singular, u~d die singular shall include the plural, IN VVT1 NESS ~VHEI~Q~, and intending to be le,aliybaund.laezet~y, l have signed this DuraUis Power a~f Atfivmey, this t 6'~ day of November, X445. ~r.~ . (s~1gt) IZ+OBERT G. xRAVER A~'f`~TCl~T1 fAS-fA~-~ fA4 '1 Pe ~ ,17 t~nrvr_ '7~ ^r•7~~~~ an mn r_,_._~ _ _.. n_ . ~ r. 69/9E 3rJtjd Jl~IH ~~N(lZIS1t1H 531bJ 17oC_rc,_,T, ~.-...-.- ---- - "" 0.'~/08/2F~@B 16: 32 7.177?'?189 MANORCARE, CAMr' ~T.LL PI~GE @9/11 cJn LluS 16`'' day of NovEZubex, 2005, rl~e above-named, 'RC7YiERT G. TRA,VEA, i1~1 our presence declared the precrdir~g~ instrument coraisting of this and ten {14} otb.er typewretten pages, to be his 1?owex of ~LtCOrney, and we, in the presence of th.e above-named n'C~EnT G. ~ro ".~>r?, and i^. ;~;.:. gr~~4~ca o~ p?e1~ e.h~. at ~~~ revueVr of hirn, have SUb5CI7~7~d (7U,r ile~Irl~$ a.9 W1t1}e5SC5. ~~ ~~ r vditness's Sigmatuz~ ~- CbMM4N'v~rF.ALTH OF PENN'Sl~[.uANTA COUNTY QF CUMBERLAND ~~~~~~~ ~~~~5~~ ~~m~ (1?~,t) SS: On this, the 1 ~ clay of 1Vavember, ZQOS, before me, a Notary Public, the uAdEr3igr-.ecl officer, personally appeared RQBERT G. TR4.VER, 1~nvwn to me {or satisfactozily prove) to be the person w,hoss name is svbsciabed to tl~e wirhiu Durable Power of Attorney, end acl~nowlcd,ged that he executed the carne ,far the puzFQSes therein contained. YN WJTNESS 'UV~RI/OF,1 hereunto cut my hand and official deal. Notary Public lkTy Commission Expires: Notate 5eai p~,c +J'-cl~ M. Fianku-. I~bt81y Ca~uY My r,~rnrr~on~E~ph~~~~ ~7,2da~ 9 nrrrrevrn n~ nn ern nn. ,~~, -nr,~. 69/LE ~Jt7d ~1t7H ~~Nfl~ig~dHn5~1dJ ~ /74~_TL'/_7ri rn•.~T ...-..•_ .-- ~1'S/0B/2008 1:32 7177:~~?~,8g htAt~ORCARE,CAM LL r T PACE 10/11 AC~I~IO'UVI.F.13G1VXENT EXECUTED BX P>E:IMA~Y A.GEN"1CS ~N A.GENT SHALL RAVE NO ~1UxCXORITY TO ACT AS AGENT UNDER TI~~S POWER. OF AT"~CIR,NEY U~I'.I,,~SS TILE AGENT .1~AS FIRST EXECUTED ANLl A~~XE><1 THIS A.CKNOWY~EDGNIIvNT T4 TAE POIaVER Ur A"X'TORNEX D~OCUlvIENT; We, .LOxS J'. TRAVER aztd ANNA M. IVIESS]C11~ER, have each read the attached pov~ier of attorney and arc the pcrrsans identif.,ecl as the eo-agents for the pxatac3pal. We eaeb hereby acknawled.ge that irk the absence of a specific provision to the conixary in th.e pt-wer of attorney or zn ZO Pa_ C. S. where we act as agents: ~e shall eacis e~cercise the powers for tl~e bq'iE~i,t ot'the princ{gal; 2. We shall. each keep the assets of the principal separaCe from our assets; 3. We shall each exercise reasonable caution and prudence; and, 4. We shall each keep a full and aecuxate record of all acnor<s, receipts and disburserlxGnts an Yiehalf of the principal, L rS J. TRA. 'R, Co-Agent Dat© 1~IA 1VI. NIESSIME , Co-Agen t - ~~ c~ Date 10 Yli"'!-'T7TS17`7ti (gC flfl r r]A ~ f~. n-i rnniu, n.~ r~: r.,n nn r,n 6918E ~~t1d ~1dH ~~Nfl~lfi~t7H S31bJ 05I08/2~108 10:32 717~"~2189 MANORCt~RE,C~`' - 1ILL }~q~~' 11J11 ACkT~O~WLEDGN.~ENT E~LrC~TED ~Y SUCCESSOR ,~GEN,~ ,~P~ SUCCESSOR AG~N'C SXX~LL NAVE NO AUT~iORI<T'Y ~O A,CT AS A.Cy'E1~IT UNDER'~'HIS ~'OV~VI";R +0F ATTORNEY' YJ'1V7rESS ~"N.>v SUCC>~.SS+aR AGENT AA5 FIRST E~IECUTED ANp A>F6YXILD ?SIS ACXCNa-~V>.,EDGN[ENT r~'0 THE ~Ow~.R t71~' AT'X'~114lti1EY DOCI:i P-'IE1~tT: Y, ~tONALD ~. 'RR.A..V~ER, have read the att~~ched powerof attorney and am the pcravu identified as the agent far the principal. t laer~by acknav~led.ge that in the absence of a specific pro~sion to ~ contrary in the power of attorney a,r ita 20 Pa. G. S. when T act as agent: 1. Z sl-all each exercise the powers for the bens~it of tl~e pzin.cipai; 2_ I sha11 each keep ~,e assets of the principal separate from our asset; 3. I shah each exercise rtasanable ca~tian and prudence; 4. I shall each keep a full 2nd accurate recarcl of all actions, receipts and disburs~neats an behalf of th,c principal. RONA.I<.lJ F. TR.P~VEIFL, Successor A~emt rrv~•ri n-~~ ra ran . r. 69 /6~ 3Jt7d ~ ~ ~' ~1dH 2~~Nf1Jg~bH ~S~1tyJ Date ]1 ETq~+-T~'1 -1 T 1 JUL-03-2008 09 32 JYI~Y7~LYY0 VO•~I~m .ir~u ~`Z~~~ York County Fairview Township Parcel No.: 490000F0072$000000 270000F0063A00Q000 270000F00724fl00000 270000F0067B000000 Prepared By>>ad Returned To: Clitlon R. Gu'"ise, E~qa"pro Graces, Flalbnaier & Hach, P.C. 1013 lrtomsaa Road, Suia:100 Lemoyne, Pennsylvania 11043 P.04 t~5SFS8MFh7 OFFICE ~ .., •~~J~ 07fi5341 Te 7r `THIS DEED MADE THE this the ~S* day of 3anuary in t~~h`eYYyear two thousand eight (2008) BETW'EE'N ROBERT G. 'R'RA"t'E.R~ >.n$iLigually, and LOIS J. TRAVER~,~~~ individuaIly, as l=qual tenants in eo~nrmon, and as husband and wife, hereinafter eaIIed: Grzantors, I p P AND LOIS J. TRAVL$ individually, hereinafter referred to as: 3~ Crrantee, J WtTNESSETH, that in consideration of ONE AND NO/]00 ($].~ Dollar in hand paid, the receipt whereof is hereby acla>owlcdged, the said Gxantoirs do hereby grant and =` ' convey to the said Grantee: PARCELI ALL TFiOS1E THREE TRA~'TS of land, each of which is situate partially in the Township of Warrington, and partially in the Township of Fairview, all in the County of York, and Commonwealth of Pennsylvania, being more pamcularly bounded and described as follows, to wit: Book 1950 Pose 3106 :nation: VIew83 - X7/092008 8:44:22 Awl YORK COUNTY EXHIBIT a g InstR 200801166 • Pege 1 of 11 JUL-03-2008 09 33 TRACT NO.1: BEGilCNIIr'G at stones at comer of land now or formerly of Holbert A. Myers and Clara Byerts and extending thence along lands now or formerly of Clara Byerts, South eighty- seven and one-half (87'/:) degrees, East fifty-fottr (54) perches to stones at Iands now or formerly of Effie Cassel; thence along lands now or formerly of Effie Cassel, South sixty-eight and one-half (68'h) degrees East fifty-5.ve (55) perches to stono; thence along same South eighty-six and one-half (86'h) degrees East fifty and five-tenths (50-5/10) perches to stone at land now or formerly of Lydia A. Leese; these along land now or formerly of Lydia A. Lees, South twenty and one-half (20'/) degrees, West one hundred thirty two (132) perches to dogwood at land now oz formerly of Martin Laird Estate; thence along land now or formerly of Martin Laird Estate, South seventy-seven and oner- half (77'~i) degrees, West one hundred three (103) perches to a point; thence along land now or formerly of Elijah Krone and Holbert A. Myers, ilozth four (4) degrees, West one h7sndred and seventy (170) perches to stones sad the place of BEGIlVNING. CONTAJNING one hundred seventeen (117) acres and one hundred forty-two (142) perches. BEING more commonly known as 1076 Pinetown Road, Lewisberry, Pennsylvania EXCEPTING 1VEVERTIIELESS, all the following conveyances and say other adverse cAnveya~iees which appear of public record but are not detailed herein- (1) The Deed from Robert G. Traver end Lois J. Traver, husband and wife, dated September 4, 1942, and recorded in the Office of the Recorder of Deeds in and for 'York Cowity, Pennsylvania in Record Book 31-V, at page 36I granted and conveyed unto to John W. Shaffer and Adella M. Shaffer, his wife. (2) The Deed from Robert G. Traver and Lois J. Traver, husband and wife, dated December 12, 1975 and recorded in the Office of the Recorder of Deeds in sad for York Coutrty, Pennsylvania, in Record Book 69T, at page 1143, granted and conveyed unto William K Traver sad Ray E, liykes, Administrators of the Estate of Gilbert A. Traver, decea9ed. (3) The Deed from Robett G. Traver and Lois 7. Traver, husband and wife, dated Febmary 4, 1931 and recorded in the Office of the Recorder of Deeds in and for York County, Pennsylvania, in Record Book 82Q, at page 708, granted and conveyed unto Ronald E. Traver and Dorothy L. Traver, his wife. P.05 31Jtlon; vCw03 - 07/032008 8:44.22 AM voRK CoUNTr Inst.# 2008012186 - Pege 2 a! 71 JUL-03-2008 09 33 P.06 (4) The Deed from Robert G. Traver and Lois J. Traver, husband and wife, dated October 20, 1992 and retarded in the Office of the Recorder of Deeds in and for York County, Pennsylvania, is Record Book 493, at page 347, granted and conveyed unto Ronald E. Traver and Dorothy L. Traver, his wife. (5) The Deed from Robert G. Traver and Lois J. Traver, husband and wife, dated: March 26, 1998 and recorded in the Office of the Recorder of Deeds in and for York County, Pennsylvania, in Record Book 1319, at p~ge 3920, granted and conveyed unto john M. Featnbaugh and Donna , Feambaugh, husband and wife. (~ The Deed om Robert G. Traver and Lois J. Traver, husband and wife, dot February 8, 1999 and recorded in the Office of the Recorder of D ds in and for York County, Pennsylvania, in Record Book 1353, at p ge 4328, granted and conveyed unto Harry L. Aitkens and Cristen R. 'tkens, husband and wife. i (7) The Deed om Robert G. Traver and Lois J. Traver, husband and wife, dot June 6, 2007. and recorded in the Office of the Recorder of Deeds in d for York Country, Pennsylvania, is Retard Book 1441, at page 735, gamed and. conveyed unto Oearge S. Crittendon, Jr. and Kerr~n L. Crittandon, husband and wife. (8) The Deed frbm Robert G. Traver, individually, and Lois 7. Traver, individually, a~ equal tenants in common, dated September 7, 2001 and recorded in t~,c Office of the Recorder of Deeds in and for York County, Permsy~vama, in Record Book 1456, at page 6219, gamed and conveyed) unto Steven R Kroll and Barbara E. I{rall, husband and wife. (9) The Deed ~ Robert G. Traver, individually, and Lois J. Traver, individually, equal tenants in common, dated November 1S, 2001 and recorded th Office of the Recorder of Deeds in and for York County, Pennsy vania, in Record Book 1465, at page 4305, granted and coaveyedl unto Larry A. Herren aad Donna L. Herren, husband and wife. BEING THE MAJOR PORTION OP 'T'RACT 1 OF THE SAME PREMLSFS which Robert G. Traver and Lois J. Traver, husband and wife, by Deed dated April Z7, 2000, and recorded is the Office of the Recorder of Deeds in and for York County, Pennsylvania, in Record Book 13 7, at page 8654, granted and conveyed unto Robert G. Traver, individually, and Lois J. Traver, individually, as equal tenants in common, and not as tenants by the entireties, tors herein. :aah'on: View83 -o7/Q32D08 8;4422 ,Uq YORK COUNN lnstl/ 2008Ct218s - page 3 of 1 ~ JUL-03-2008 09 34 A.I.SO BEING THE SAME MAJOR PORTION OF THE PREMISES which Ray E. liykes and William K Traver, Administrators of the Estate of Gilbert A. Traver, deceased, by Deed dated February lb, 1975 and recorded in the Office of the Recorder of Deeds in and for York County Pennsylvania in Record Book 69T at page 1142, granted and conveyed unto Robert G. Traver and Lois J. Traver, husband and wife. TRACT N0.2: BEGI~ INNING at a marked red oak near a hickory, at comet of lands now or formerly of Acme Donovan; thence by lands now pr formerly of Asne Donovan and Kate Jemungs North twenty-six (26) degrees, East one hundred ten (110) perches to stones; thence North sevcniy-three (73) degrees, West one hundred nine (109) perches to stones; then,ee South one (1) degree, East eighteen and five-teethe (18.5) perches to a stake; thence by lands now or formerly of William Donovan North fifty-eight {58) degrees, West forty- nine and 5ve-tenths (49.5) perches to stones; thence by lands now or formerly of William H. Snavely North seven (7) deg~es, East sixty-eight and six-Canths (68.6) perches to stone; thence South seventy-four {74) degrees, East sixty-eight and five-tenths (68.~ perches to stones; thence by lands now or formerly of Leonard Shaffer and Clara Byerts Notch eighty-eight (88) degrees, East one hundred eight-one and eight-tenths (181.8) perches to stones; thence by lands now or formerly of Silas Laird South nine (9) degrees, East one hundred twenty (120) perches to stones; thence by lands now or formerly of Eliza Crone and Lydia Leas, South seventhnine (79) degrees, West forty-one and five- tenths (41.5) perches to stones; thence South (9) degees East fifty-two (52) perches to stones; thence by lands now or formerly of Margaret Sutton aztd John Grove South seventy (70) degrees, West thirty-three and five-tenths (33.5) perches to stones; thence South eighteen and one-half (18'h) degrees, West forty (40) perches to white oak; thence by lands now of formerly of Acme Donovan North. eight-two (82) degrees, West ninety- eight (98) perches to the place of BEGINNING. CONTAINTNG two hundred twenty-seven (227) acres and eighty-four (84) perches, neat measure. B)rWG morc commonly known as 1014 Pinetawn Road, Lewisbeny, Pennsylvania. EXCEPTING NEVERTHELESS, all the following convcyances and any other adverse conveyances which appear of public record but are not detailed herein: (1) The Deed from Robert G. Traver and Lois J. Traver, husband and wife, dated February 4, 1981 an,d recorded is the Office of the Recorder of Deeds in and for York County, Pennsylvania, in Record Book 825, at page 164, gamed and conveyed unto John C. Stremmel and Mary J. 5tremtmel, husband and wife. P.07 Station; Vaw63.07/0312ppg 8:4422 AM YORK COUNTY Inet.# 200B012i 86 . page 4 of 17 SUL-03-2008 09 35 P. 08 (2) The Deed from Robert G. Traver and Lois .1. Traver, husband and wife, dated December 3, 1987 and recorded in the Office of the Recorder of Deeds in and for York County, )?eansylvnnia, in Record Book 9N, at page 193, granted and conveyed unto James B. Leonard, Jr. and Valerie R. Leonard, his wife. (3) The Deed from Robert G. Traver and Lois 7. Traver, - husbamd and wife, dated June 29, 1990 and recorded in the Office of the Recorder of Deeds in and for York County, Pennsylvania, in Record Book 106U, at page 721, g~anted and conveyed Hato $arry H. Fox, Jr. and Ann G. Fox, husband and wife. (4) The Deed from Robert G. Traver and Lois 3. Traver, husband and wife, dated Febmary 22, 1944 and recorded in the Office of the Recorder of Deeds in and for York County, Pennsylvania, in Record Book 836, at page 237, granted and conveyed unto Betty J. Ruby, „n,r•.+,a.*Yed widow. (5) The Deed from Robert G. Traver and Lois J. 'haver, husband and wife, dated Jsauary 21, 1999 and recorded in the Office of the Recorder of Deeds in and for Yazk County, Pennsylvania, in Record Book 1351, at page 4970, gamed and conveyed unto Larry A Herren and Donna L. Herren, husband and wife. (6) The Deed from Robert G. Traver a11d Lois J. Traver, husband and wife, dated Apri127, 2000 and recorded in the offico of the Recorder of Deeds in and for York County, Pennsylvania, in Record Book 1397, aL page 1951, granted and conveyed unto Anna M Traver, single person ('~ The Deed from Robert G. Traver and Lois 7. Traver, husband and wife, dated February 2, 2001 and recorded in the Office of the Recorder of Deeds in and for York County, Pennsylvanria, in Record Book I424, st page 6326, grauied and conveyed unto Ronald E. Eppley and Nikki L. Eppley, husband and wife. (8) The Deed from Robert G. Traver, individually, and Lois J. Traver, individually, as equal tenants in common, dated July 11, 2003 and zecorded is the Office of The Recorder of Deeds in and for York County, Pennsylvaniat in Record Book 1590, at page 5180, granted and conveyed unto Gregory A. Reigle and Judy A. Reigle, husband and wife. Sfarion: vbw63 • a7ro3/ZOOB B;aa;22 AM vORK COUNTY (nsk# 2008012189 - Rana a s +. JUL-03-2008 09 36 (9) The Deed from Robert G. Traver and Lois J. Traver, husband and wife, dated September 22, 2006 and recorded in the Office of the Recorder of Deed in and far York County, Pennsylvania, in Record Book 1343, at page 6286, granted and conveyed unto Roger L. Hughes acrd Tahnja L; Hughes, busbaad and wife. BEING THE MAJOR PORTION OF TRACT Z OF TIDE SAME PREMISES which Robert G. Traver and Lois J. Traver, husband and wife, by Deed dated April 27, 2000, and recorded in the Office of the Recorder of Deeds in and for York County, Pennsylvania, in Record Book 1397, at page 8656, granted and conveyed unto Robert G. Traver, individually, and Lois J. Traver, individually, as equal tenants in common, and not as tenants by the entireties, grantors herein. TRACT N0.3: ALL THE FOLLOWING tract of meadow land, located partly in Fairview Township and partly in Warrington Township, York County, Pennsylvania, adjoining other lands now or formerly of Mary Parthemer, and other lands now or formerly of Gilbert A Traver. CONTAINING six (6) acres and sixty (60) perches, neat measure, (more or less). BEING vacant land on Pinetown Road, Lewisbarry, Pennsylvania. BEING TRACT 3 OF THE SAME PREMISES which Robert G. Traver and Lois J. Traver, husband acrd wife, by Deed dated April 27, 2000, and recorded in the Office of the Recorder of Deeds in and for York County, Pennsylvania, is Record Book 1397, at page 8656, granted and conveyed Hato Robert G. Traver, individoally, and Lois J. Traver, individually, as equal tenants in common, and not as tenanu by the entireties, grantors herein. PARCEL II ALL TgAT FOLLOWING tract of mcadowland situate partly in the Township of Fairview, and partly in the Township of Warrington, alI in the County of York and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: ADJOINING property formerly of Frarilc Miller, now or formerly of Haines; formerly of David Boyer, now or formerly of G.A. Traver; and Haw or formerly of Mary Parthemer; and other lands now or formerly of Gilbert A Traver. CONTAWING a total of 11 '/ acres, more or less. BEING vacant land on Pinetown Road, Lewisberry, Pennsylvania. P.09 :~nen~ uewe3. orroanooe e~aazz nM YDRKCOUNtY InstM 2008o7218e -page 6 of ~ 7 JUL-03-2008 09 37 P. 10 BEING T1EIE SAME I'1tEMISES which Robert G. Traver and Lois J. Traver, husband and wife, by Deed dated October 23, 1989, and recorded in the Office of the Recorder of Deeds in and for York County, Pemisylvania, in Record Book 1047, at page 714, granted and conveyed unte Robert G. Traver and Lois J. 'I`ravcr, husband and wife, grantors herein. This Parcel includes a portion of the lands conveyed in this Deed as Parcel I ~; 'Tract 3. PARCEL IXI ALL T>IAT CERTAIN tract of land situate in the Township of Fairviewv, County of York and Commonwealth of Pennsylvania, being more particularly bounded and descnbed as follows, to wit: BEGINNING at a steel pin which is set on the line which extends along the westernmost property line of lands of the Grantors herein, at its joinder with lands of the Grantees herein, said pia being located one hundred fifty-two and forty-four hundredths feat (152.44') from a nai] set in the centerline of Pinetown Road; thence continuing along the westernmost boundary of lands of the Grantors heron, and along other lands of the Grantees herein, North zero degrees eight minutes forty seconds East (N 00° 8' 40" E), for a distance of Winery-five and seventy-two hundredths fret (95.72') to a steed pin; thence continuing along lands of the Grantees, South eighty-foes degrees forty-two minutes fifty seconds East (S 84° 42' S0" E), for a distance of three hundred forty-six and fifty hundredths feet (34650') to a stcel pin; thence extending along lands of the Grantors herein, South seventy-nine degrees thirty-one minutes fifty-two seconds West (5 79° 31' 52" W), for a distance of three hundred filly-one and eleven hundredths feet (351.11'), co a steel pin at lands of the Grantees herein, said pin marking the place of BEGINNING. CONTAINING 0.379 Acres, and being designated as Parcel No. 2 on a final plan of subdivision prepared for John C. Stremrnel and Mary J. Stremmel, by Donald E. Worley, Register Surveyor, dated May 6, 1977, revised June 26, 1978, and recorded in the Office of the Recorder of Deeds in and for York County, Peasisylvaaia in Plan Book AA, at page 404. BTTNGknown as'l7aver Drive, Lewisberry, Petnsylvania. BEING THE SAME PREMISES which John C. Stremmel and Mary J. Strenimel, husband and wife, by Deed dated February 4, 1981, and recorded in the Office of the Recorder of Deeds in and for York County, Pennsylvania, in Record Book 82Q, at page 713, granted and conveyed unto Robert G. Traver and Lois J. Traver, husband and wife, grantors herein. Robert G. Traver one of the Grantors heresn, by this Deed hereby quitclaims and releases any and all other rights which he may have to any and all other real estate not set forth above which he may own that is situated in York County as of the date of this Deed and further Robert G. Traver further releases any marital interest which he may have in any and all real estate which Lois 7. Traver, his wife, possesses an interest. Sratlon: v~ew63 - 07i03/2D08 6:44:22 AM YORK COUKIY In°t,~Y 20oe012i86 -page 70111 _JUL-03-2008 09:37 THIS TRANSACTION IS EXEMPT FROM REALTY TRANSFIE;R TAX BECAUSE TT CONSTITTJT)r.S A CONVEYANCE Y+'ROM HUSBAND AND'PVIF'E TO WIPE AND IS THEREFORE EXEMPT FROM REALTY TRANSI<ER TAX. SCJB.I'ECT, HOWEVER, to such recorded easements, restrictions and conditions that may apply to the afore-described tracts of land. UNDER AND SUB.IECT to any zoning ordinances and any encroachments, rights-of- way, easernente or other prescriptive uses as may be revealed by a physical inspection of the premises. TOGETHER with all and singular buildings and improvements, ways, waters, water- courses, rights, liberties, privileges, hereditaments and appurtenances and whatsoever thereunto belonging or in anywise appertaining, and the reversions and remainders, rents, issues, anti profits thereof; anal all the estate, right, title, interest, property, claim and demand whatsoever of the said parties of the fizst part, in law, equity or otherwise, howsoever, in and to the same and every part thereof. TO HAVE AND TO HOLD the said lots or pieces of ground above described, with the messuage or tenement thereon erected, hereditatnents and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantees, their heirs and assigns, to and for the only proper use and behoof of the said Grantees, their heirs and assigns, forever. AND Grantors, for themselves, their successors and/or Assigns, do hereby covenant, promise, grant and agree, to and with the Grantees, their heirs and assigns, by these presents, chat Graninrs, and their successors and/or assigns, the said above-mentioned and described messuages and tracts of land, hereditaments and appurtenances, hereby granted or mentioned, or intended so to be, unto Grantees, their heirs and. assigns, against Grantors. and their successors and/or assigns, against all and every other person and persons whomsoever, lawfully claiming or to claim the same or any part thereof, by, from, ar under him/her, them, ar any of them, SHALL AND WILL. 5PECIALLYWARRANT AND FOR EVER DEFEND BY TgESE PRESENTS. :itetjan; uia.~69 - 07ro32o08 e;aa22 AM YORK COUNTY P. 11 inst~e 20080121 B8 -page 8 of t t JUL-03-2008 09:38 IN WITNESS WI3EREOIh, the said Grantors have to these Presents set their hand and seal. Dated the day and year first above written. WITNESS: COMMONWEALTH OF PENNSYLVANIA P. 12 ' ~,~ OBERT G. TRA R By his attonoey in fact Anna M, Mcssimer ~~ LOLS J. TRA'VER By her attoroey in fact Anna M Messimer SS: COUNTY OF ~.tuY~t ~~ . Oa this, the o~ 5~day of January, 2008, before me, a Notary Public, the undersigned officer, personally appeased ROBERT G. TRA'V'ER, by his Attorney in , Fact, Anna M. Messimer and LOIS J. TRAVEI2, 6y her Attorney in Fact, AnDA M_ ` Messimer, whose name is subscribed to the within Deed and that she executed the same for the purposes therein contained TN WITIVI;SS WIiEREOF, I hereunto set my hand aad official Seal. ~~ Notary Public My Commission 1=xpires: COMMONWEALTH OJ< P!•NNSYLVgNIA Notarial Seal 7rad L Sharhar4 Notary Pudk Lemoyne Boro, Cumberland County My CoaVntas~n Expires [tec. 7 5, 2!]t>9 Mamhar, Penncyir;u+i1 AssoNauon ar Nornrlea 9 I Station: V1ew63 - 0~/03r2008 8:x4:22 AM YORK COUNTY tnst.# 2008012188 - Paga 9 of 11 __JUL-03-2008 09:39 CERTIFICwTE OF RESIDENCE I hereby certify that the present residence of the Grantees herein is as follows: P. 13 Lois J. Traver c/o Atuia M. Messimer 1095 I'inewwn Road Lewisberty, PA 1'7339 mey for Grantee 10 3r~o;,n v+ewea - arroanooe s:ai22 Ann YORK COUNTY Inst.# 2008012188 . Page 10 of 1 ~ SUL-03-2006 09 39 P. 14 YDRgCODNTYRECORDER OFDE1<DS 28 EAST MARKET STREET YOIi;S, PA 1?401 i Randi L. Reisinger -Recorder ~ Gloria A. Fleming -Deputy ~ Instramcnt Number - 2008012186 Recorded On 22$/2008 At 10:34:03 AM ~ * InatrntasntTypc - DExD Invoice Number - 752400 * Grantor - TRAVER, ROBERT GlATTY '' Gta.ncee - TRAVER, LOIS J User - BKB " Cuaromer - GATES BAI~BRUNER !~ IIATCIi I' C sE~s sxaTE valtxr Tax Soso JCS/ACCESS TO JUSTICE $10.00 xECORbZ21G. FEES $25.00 AFFORDABL& 130IISING $11.50 8IN NUt~ER FEES $H.00 COVNTY ARC8IVE5 FEE $2_00 ROD ARC81V,6S FEE $3.00 TOTAL PAID $60.00 Book -1950 Starting Page - 2106 * Tata1 Pages - 11 * Received By: MAIL YAItCEL 1PENTIFICATION NUMBER 490000F0072B000000 Z70000F0063A000000 270000F00720000000 270000F0067B000000 Tote! Pareely: 4 I Certify Thie Document Ta Be ~.sRetarded. Tn York County, Pa. Y OtR• per' ~~ ~ ~ V ~•'`i``1~r~ G ` . Qr )~e[sOd4 orr~e. "COYM'~ THIS IS A CERTIFICATIDN PAGE PLEASE DO NDT DETACbT THIS PAGE IS NOW PART OF THIS ZEGAL DOCUMENT * - InCorniauon denoted by an asterisk may clangs during ti,e veritraatlon procaee and may not !~: reflected ea Wis page. soa'G 1950 Page: 2116 P swoon: viow63 - orroartnoe a:ao:~~aN YORK COUNTY insx# 20pg012186. Paee 11 0111 AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE THIS AGREEMENT ("Agreement") is made acid entered into t1usL~'~Or day of 2008, by and between LOIS J. TRAVER, adult individual (herein after erred to as "Seller"), and HARRY H. FOX, JR., adult individual (hereinafter referred to as "Buyer"). Background Seller holds title to several tracts of land containing approximately 231 acres (amount by verbal statement) located partially in Warrington Township and partially in Fairview Township, York County, Pennsylvania, having the following designated Tax Parcel numbers; Tax Parcel # 27-000-OF-0063A Tax Parcel # 27-000-OF-0072 Tax Parcel # 49-000-OF-0072B Tax Parcel # 27-000-OF-0067B And as depicted on tax maps Exhibits "A1. through A4" attached hereto and made a part hereof (hereinafter referred to as the "Property"). Seller desires to sell, and Buyer desires to purchase the Property to develop ("Buyers Intended Use") and to construct buildings, utility lines and other itiipt=ovements as Buyer may determine, in his sole discretion, for such use (collectively "Buyer's Improvements"). Seller desires to sell the Property to Buyer under and subject to the t+~rms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto, intending to be legally bound hereby, agree as follows: 1. (A) Agreement to Sell. Seller agrees to sell, grant, transfer acid convey to Buyer and Buyer agrees to purchase and acquire the Property, together with all of Seller's assignable ir,~terests, if any, in and to all improvements, appurtenances, rights, privileges and easements b+~nefiting, belonging or pertaining to the property, and all of Seller's assignable interests, if any, in and to all rights, title and interest of Seller in and to the land lying in the bed of any street, road or highway (open or proposed) in front of, adjoining or servicing the Property, and, to the e~;tent assignable, all of Seller's other right, title and interest in the Property (all of which are part of the Property for purposes of the Agreement), upon the terms and conditions contained herein. At any time after the Initial deposit becomes non-refundable, Buyer shall have the option to convert this Agreement into an Installment Sales Contract. (B} Right to Farm. Seller shall have the right to farm the property and collect the income therefrom until November 1, 2008. Any leases to farm the property shall terminate by November 1, 2008. Further, Buyer shall not be liable for any crop damage or income loss as a EXHIBIT D .'4 lV/ result of proceeding with subdivision and land development approval activities, such as but not limited to due diligence studies, soil test, probe or perc testing, surveying etc. (C) Rental of Frame house: Buyer agrees to rent the Frame house occupied by Seller's sister in law, Lottie Traver ("Tenant") to her for $600.00 per month, for a minimum of eighteen (18) months from the date of this Agreement. The rental payment shall be a reduction from the interest due under the additional deposit provision under paragraph 3(d). With the exception of the minimum eighteen (18) months, the rental coirumitment shall terminate at the earlier of either the recording of the subdivision plan or settlement, at which time Tenant shall voluntarily leave the premises if requested la vacate by Buyer. Seller shall cause Tenant to enter into a lease agreement consisting of the terms above and standard residential lease language. 2. Purchase Price. For and in consideration of the selling, granting, transferring and conveying of the Property in accordance with the teens and conditions contained herein, Buyer agrees to pay to Seller the sum of ONE MILLION DOLLARS 01,000,000.00) ALONG WITH ANY PRICE CHANGES AS STATED BELOW (the "Purchase Price"). Additional provisions affecting the purchase price: i. In the event buyer is able to successfully subdivide the property within 48 months of the date of this Agreement, then the purchase price shall be increased according to the number of lots for the approved plan, excluding the four (4) currently existing lots. The Purchase Price shall be increased by $10,000.00 per lot for the first 10 lots, then increased by $15,000.00 per each lot for lots 11 through 30, and for lots 31 and over, the increase shall be $20,000.00 per each of those lots. Buyer agrees to pursue subdivision with all due diligence. Seller agrees to hold Buyer harmless in the event that Buyer is unable to gain final subdivision approval, through no fault of his own, and despite Buyer's best efforts. In the event Buyer requires more than 36 months to obtain subdivision approvals, Buyer agrees to increase the interest rate paid to Seller, from the 37t~' month up to and including the 48'h month, from ~% to 8°io, as stated in 3(d). ii. In the event that either the title work or actual survey reveals the acreage content to be less than 231 acres, the purchase price shall be reduced based upon the acreage difference and the purchase price per acre established for the 231 acres. 3. Payment of Purchase Price. Buyer agrees to pay to Seller the Purchase Price as follows: (a) An "Initial" deposit of $20,000.00, within 3 days of the last execution of this Agreement, which shall be held in escrow and remain refundable until the expiration of the Title Exam Period, as hereinafter defined. After the Title Exam Period has expired, the deposit shall become non-refundable, except in the case of Seller default, and shall be credited to the Purchase Price at settlement; and -2- (b) an additional deposit of $250,000.00 within thirty (30) days of the expiration of the Title Exam Period, as hereinafter defined, which shall be non-refundable, except in the case of Seller default and credited to the Purchase Price at settlement; and (c) an additional deposit of $250,000.00 within ninety (90) days of the expiration of the Title Exam Period, which shall be non-refundable except in the case of Seller default and credited to the purchase price at settlement; and (d) on each (6) month anniversary of the expiration of the Title Exam Period, as hereinafter defined, Buyer shall make payments in the amount of $85,000.00, which shall consist of principle and interest on the remaining balance due, with interest at the rate of 5°lo simple interest on the outstanding principle balance beginning on the expiration of the Title Exam Period, except that the interest rate shall increase from 5% to 8% from the thirty-seventh (3T''} month through the forty-eighth (48`x') month. These payments shall be non-refundable, except in the case of Seller default, and the amount applied toward the principle, credited to the Purchase Price at settlement. (e) at settlement, the remainder of the Purchase Price. 4. Title; Deed. The selling, conveying and granting of the Property shall be made at Settlement by a special, warranty deed containing the usual covenants, granting and conveying to Buyer, its successors and assigns, a good and marketable fee simple title, free and clear of all liens and encumbrances cxcept for easements, restrictions or non-monetary ("Permitted Encumbrances"); being such title as will be insured at regular rates by a reputable insurance company, licensed in Pennsylvania, within thirty (30) days following the date of the last executed signature of this Agreement, (the "Title Exam Period"), Buyer shall obtain a title report. for the Property and shall notify Seller in writing of any encumbrances that exist which :materially interfere with Buyer's Intended Use. If Buyer fails to provide such written notice to Seller within the said thirty (30) day period, title to the Property shall be conclusively deemed to satisfy the terms of this Agreement and to be satisfactory to Buyer and its title insurer. If Buyer does notify Seller of the existence of any such encumbrances, and Seller notifies Buyer that it is unable or unwilling to remove the encumbrance, Buyer shall have the following options to be exercised within thirty (30) days of notification: (a) of taking such title as Seller is able and willing to deliver, without abatement of the Purchase Price (except that any existing monetary lien on the Property that can be removed try the payment of money shall be paid and discharged by Seller from the Purchase Price), whereupon the parties shall consummate the transactions herein contemplated; or (b) of terminating this Agreement by written notice to Seller, whereupon this Agreement shall be deemed terminated as of the date of such notice, the Initial deposit shall be returned to Buyer, and neither Seller nor Buyer shall have any further obligation to the other, except with respect to Buyer's restoration and indemnification obligations set forth in Paragraph 5. -3- If no election is made during the said thirty (30) day period, Buyer shall be deemed to have elected option (a). 5. Due Diligence. (a) Due Diligence studies. Buyer agrees to indemnify and hold Seller, and the Property, free and harmless from any costs or liability incurred by reason of any such investigation or investigations and against any and all claims, liability, damages and costs (including, reasonable attorneys' fees) solely related to an act or omission of Buyer or its agents, employees or contractors on the Property, and, should the Settlement herein described be canceled for any reason, to repair any material damage caused to the Property by Buyer, and Buyer shall restore the property as near as possible to its original condition as a result of the exercise of any of the rights granted herein. (b) Due Diligence. In the event that, in the sole discretion of Buyer, the development of the Property for the constriction and/or use of Buyer's Improvements is not feasible, Buyer shall have the option to terminate this agreement without penalty, except for the non-refundable deposits already received by Seller, provided Buyer restores the Property as near as possible to its original condition. And, in the event that Buyer terminates this Agreement for any reason, this Agreement shall become null and void and the parties shall have no further obligation hereunder. G. Settlement Costs. At the time of Settlement, all real property taxes shall be apportioned on the current fiscal year basis of the applicable taxing authority. Realty transfer taxes shall be paid in equal amounts with each party paying one-half of the total tax (i.e. each party shall pay one-half of the tax). Any additional taxes assessed for periods prior to Settlement as a result of the Property being entered in the "Clean and Green Preferential Assessment Program" shall be paid by Buyer. Buyer shall pay for the cost of recording the Deed and the premium far the Owner's title insurance policy. Special assessment liens assessed against the Property as of the date of Settlement shall be paid by the Seller, except for liens that have been imposed upon the Property in connection with Buyer's Intended Use and development plans. All special assessments assessed against the Property subsequent to the date of Settlement shall be paid by the Buyer. Seller agrees to immediately notify Buyer of any such assessment or proposed assessments that come to Seller's attention prior to Settlement. All other costs and expenses shall lbe borne by the party incurring the same. '7. Possession. Exclusive possession, subject to the Permitted Encumbrances, below, shall be delivered with Seller's delivery of the deed and other required documents. f3. Settlement Date. i. Settlement shall occur on the earlier of either; a) thirty (30) days after a final approval of an approved and recorded subdivision plan, including any appeal period or, b) within forty-eight (48) months from the last execution of this Agreement. In the event settlement shall occur under (b) above, the purchase price shall not consist of any increases. -4- ii. Buyer shall notify Seller, in writing, of its intent to settle fifteen (15) days in advance of the settlement date. 9. Buyer's Conditions of Settlement. The obligation of Buyer to settle on the conveyance of the Property shall be subject to the following conditions, any of which may be waived in writing by Buyer, except that under no circumstances shall the failure of conditions (b) through (e) herein, (except for the willful and wanton misconduct of Seller in causing any of the failure of conditions (b) through (e) herein), require Seller to return any non-refundable deposits already received by Seller: (a) Good Title and Possession. Conveyance to Buyer (or Buyer's Nominee, as hereinafter defined) at Settlement of good and marketable title to the Property as evidenced by an ALTA form title insurance policy, issued by a title company of Buyer's choice in the full amount of the Purchase Price and subject to only the Permitted Encumbrances or those encumbrances satisfactory to, or waived by, Buyer as provided in Section 4. Seller shall deliver inmlediate possession of the Property to Buyer at Settlement, free acid clear of all tenancies and occupancies, except for those relating to the Permitted Encumbrances. (b) Survey and Plat. Delivery by Seller to Buyer, within ten (10) days after the full execution of this Agreement, of all documentation and information in Seller's possession concerning the Property, including any plot plans, appraisals, surveys (topographic, wetlands, or otherwise), ground or building leases, engineering drawings and plans, and any reports or studies, including environmental reports or studies applicable to the Property, and all goverumental permits and approvals. Unless Buyer provides written notice to Seller, not later than twenty (20) days after the full execution of this Agreement, that it has not received the documentation and information described herein, then this condition shall be deemed satisfied, or waived, by Buyer. Further, Seller agrees to grant permission to Buyer to retrieve any information from Seller's agents such as engineers, surveyors, etc. on work that was performed prior to this Agreement. (c) Road Access. Buyer is advised that access to a public road may require issuance of a highway occupancy permit from the Department of Transportation or a permit from the Township. (d) A~enc~ Municipal Authority and Utility Approvals. Buyer shall, at Buyer's ~;,ost, obtain all necessary and valid governmental agency, municipal authority, and utility ;approvals for the development of the Property for Buyer's Intended Use and for the construction. of Buyer's Improvements, including but not limited to, storm water discharge, curb cut approvals, DER Sewer Planning Module, wetlands, erosion, sedimentation and earth disturbance permits, and water quality approval, and a building permit, in final, non-appealable form, and there shall be no sewer, water, building or other moratorium or restriction in effect which would interfere with the immediate construction and occupancy of Buyer's Improvements. (e) Subdivision Approval. Buyer shall, at Buyer's cost, obtain Preliminary and final >ubdivision approval from the Townships and York County in non-appealable, irrevocable, and -5- recordable form for development of the Property for Buyer's Intended Use and the construction of Buycr's Improvements. Buyer ac)rno:vledges that it shall be solely responsible for paying any and all municipal assessments or impact fees for any off-site public improvements, such as traffic control, public road widening and improvements, utility extensions, or recreational facilities necessary to obtain such approval. 10. Representations and Warranties of Seller. The Seller represents and warrants to the Buyer that as of the date of this Agreement the following statements are true and correct and shall be true and correct as of the date of Settlement: (a) Seller will convey the Property "AS IS" at Settlement to Buyer in accordance with the terms of this Agreement. (b) The person or persons executing this Agreement on behalf of Seller is or are duly authorized to do so. (c) Seller has the requisite power and authority to enter into and carry out the terms of this Agreement and no further approval of any person, board, court, or other body is necessary ., in order to permit the Seiier to consummaie ~nis Agreeiliciii. (d) Subject to the disclosures set forth on Exhibit "B" attached hereto, to the best of its knowledge, Seller has materially complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to said Property, or any part thereof. (e) Following the date hereof and except in conformance herewith, Seller shall neither create nor permit the creation of any encumbrance with respect to the Property without having obtained the prior written approval of Buyer, which approval shall not be unreasonably withheld, conditioned or delayed, except that certain Mortgage dated May 15, 2008, to Manor Healthcare Corp., and future mortgages granted thereto, provided the amounts do not exceed the Purchase Price. (f) No municipal improvement assessments or special assessments are pending or have been liened against the Property. (g) There are no parties in possession of any part of the Property, or lessees, tenants at sufferance, or trespassers that have not been disclosed to Buyer. 11. Easements. Subject to terms reasonably agreed to be Seller and Buyer, the parties agree to grant such temporary and/or permanent easements as may be reasonably necessary to implement all provisions contained in the Agreement. Seller shall not have, nor bear any responsibility for the construction or the costs of construction required by Buyer or by any govenlrnental authority having control or approval over Buyer's development of the Property. 12. Representations and Warranties of the Buyer. As of the date hereof and on the date of ,Settlement each of the statements in this Section shall be a true, accurate and full disclosure of all ;Facts relevant to the matter contained therein. Buyer hereby represents and warrants that: -6- i,,~) Tire persons executin~~ This .-agreement on behalf of Buy~,r ;ac ~-~~~~~i~~ authorized to rln ,cn ('~~j Buver- has the requisilc power and authority to enter into and c~~rr~~~ out the terms ol~ this Agreement al7d no further approval oC any board, court, or other bod~,~ is necessary in order to hermit the Buyer to consummate this Agreement. ,.- i~uver's Default. If Bu~~~r fail~~, to consummate the purcha~r oi~ ~l~e Property, or olhcr~~-i<.~_ fails to perform its obligations h~r~~~inder, Buyer being in defa~~lt, any? Seller not bein~~ in default hereunder, Seller remedies shall be limited to retaining the non-retimdable deposits already received and any additions thereto, as liquidated damages, and not as a penalty. 14. Seller's Default or Failure of Conditions. Should Seller violate. or fail to perform any of the terms or conditions of this Agreement, Buyer may elect to either (1) terminate this Agreement and receive a refund of the Initial Deposit and any additions thereto, even if such deposit has become non-refundable, and Seller shall reimburse Buyer for Buyer's out-of-pocket expense for engineering, legal, title insurance, and professional studies reasonably incurred in performing Buyer's duties under this Agreement, including but not limited to deterti~ir-~ii-~g~ tho 1 !' '1 '1', r 1 1 r~' Gl~VI1V1111G Qf1U CllgllrCCrlllg 1C~rSlUlnry UL tCle 1'roperry ana Ine IIllllg al1Q OnLarnmg OI all governmental permits and approvals, or (2) bring an action for specific performance. In the event that Seller permits t11e creation of an encumbrance in violation of this Agreement, Buyer may proceed to Settlement and have the right to satisfy or remove any unapproved monetary liens or encumbrances by deduction of the amount of such monetary lien from the Purchase Price proceeds. In the event Buyer elects not to proceed to Settlement on account of Seller's violation of this Agreement by the creation of an unapproved encumbrance, then in addition to Buyer receiving a refund of deposits, plus accrued interest, Seller shall reimburse Buyer for Buyer's out-of-pocket expense for engineering, legal, title insurance, and professional studies reasonably incurred in performing Buyer's duties under this Agreement, including but not limited to determining the economic and engineering feasibility of the Property and the filing and obtaining of all governmental permits and approvals. I5. Condemnation. In the event of the taking of all or any part of the Property by eminent domain proceedings or private purchase in lieu thereof or the commencement of any such ~eroceedings, Buyer shall have the right, at its option, to terminate this Agreement by written notice to Seller within forty-five (45) days after receipt of notice of the proceedings from Seller. ;[n the event of a partial taking, if Buyer does not so terminate this Agreement, the condemned acreage shall be subtracted from the total acreage of the Property and the Purchase Price shall be reduced accordingly. Seller agrees to notify Buyer of eminent domain proceedings, or private purchase in lieu thereof, within three (3) days after Seller learns of any such proceedings. 16. Violation of Law. All notes or notices of law or municipal or other governmenta( ordinances, regulations, orders, or requirements noted in or issued by any governmental authority against or affecting the Property on or before the Settlement shall be complied with by Seller and the Property shall be conveyed free of the same. ~~~ 06f16/2008 10:51 717-731-9627 GATES HALBRUNER HATC PAGE 03/03 17, Maintenance: Risk of Loss. (a} Seller sltal] maintain t17e Property and any }7trsonal property specifically scheduled herein in its present condition, normal wear and tear ex~:epted. (b} Seller shall beer the risk of loss until Settlement and delivery of Possession to Buyer. in the event of dama~„e to any property included in this sale by fire or other casualty, not repaired or replaced prior Tn Settlement, Buyer shall have the option of rescinding this Agreement and receiving all monies paid on account or of accepting the property in its then condition together with the proceeds of a.ny insurance recovery obtainable by Seller. Buyer is hereby notified that it may insure its equitable interest in the Property as of the tome of the acceptance of this Agreement. 18. Attr~rnev's >E'ees. If either party brings an action under this Agreement against the other party, the other party shall indemnify the prevailing party for all reasonable attorneys' fees and actual costs incurred by the prevailing party in enforcing its ri;hts and remedies under this Agreement. 19. Real_ Estate Commission. Buyer and Seller each warrant and represent to the other that it has not used the services of any broker, agent or finder. Each party agrees to defend, indemnify and save harmless the other Pram any claims for cotm.missions or fees by reason of the indemnifying party's breach of this ruarranty, which shall survive settlement and delivery and recording of tl~e deed. 20. Not_^_i ~,_ces. AJl notices provided far in this Agreement cerlifted mail to the parties at the addresses set forth below, parties shall designate to each ether, in writing. All. notices receipt. 'fo Seller_ Lois J, Traver c/o Anna Messimer 1095 Pinetown Rd. Lewisberry, 'PA. I?339 With a copy ta: CIiTton R. Guise, Esquire Gates, Halbruner & Hatch, P.C. 1013 Mumma Road Suite 100 Lemoyne, F',1 17043 "1'o Buyer: F-Iarry I~. Fox, Jr. b00 Cold Springs Road laillslaurg, f~.~1 17019 shall be directed by registered or yr at such other addresses as the shall be deemed delivered upon ..sY With a copy tn. Brian C, T,insenbach, Fsquire Schraclc & Linsenbach Law Offices 124 W. Harrisburg Street Dillsburg, PA 17019 and Pat McKonly 3266-2 Rosstown Road Wellsville, PA 17365 21. Recording. This Agreement shall not be recorded in the Office of the Recorder of Deeds or in any other office or place of public record and if Buyer shall record this Agreement or cause or permit the same to be recorded, Seller may elect to treat such as a breach of the Agreement and rescind the same. However, upon Buyer's request, Seller agrees to execute and deliver a Memorandum of this Agreement to Buyer for recording. Buyer will not mention any prices including the Earnest Money Deposit amount in the Memorandtun. Simultaneously with the Memorandum, Brayer n~n~~ ov nnnfA one ~P~1~7PY a ~n(`nm Pn'f ranrPlinn tf11C A fTYPPYY1Pnt !lY nlllt 1 1Alm T1PPl~ t!1 QP11PY 1•(1 be held in escrow. In the event Buyer terminates this Agreement or settlement does not occur; Seller shall have the right to record the cancellation document or Quit Claim Deed. 22. Leal Construction. This Ag_ reement shall be interpreted and construed in accordance with the laws of the Commonwealth of Pennsylvania, provided that any controversy over the construction of this Agreement shall be decided neutrally and without regard to events of authorship or negotiation. 23. Amendments This Agreement shall not be amended except in writing executed by all parties hereto. 24. Agreement Binding. This Agreement shall be binding upon and inure to the benefit of, and shall be enforceable by and against the respective parties and the heirs, executors, administrators, personal representatives, successors and assigns of each party to this Agreement of Sale. 25. Assignment. Buyer shall have the right to assign Buyer's rights under this Agreement to any entity or person without the consent of Seller. However, Buyer's obligation to Seller shall not be released by Seller without Seller's written consent. Notwithstanding any assignment of this Agreement, Buyer shall remain obligated to Seller for the full and faithful performance of all terms and conditions of this Agreement. 26. Severability. If any term or provision of this Agreement, or any application thereof, shall be held invalid or non-enforceable, the remaining terms and provisions of this Agreement, or the application of such terms or provisions which have been held valid or enforceable, shall not be affected thereby. -9- 27. Integration This Agreement with the attached Exhibits embodies the entire Agreement of the parties relative to the subject matter contained herein. There are no customs, promises, terms, conditions or obligations referring to the subject matter or inducements leading to the execution hereof, other than those contained herein. The Exhibits are by this reference made part hereof. It is understood and agreed that whether or not it is specifically so provided herein, any provisions of this Agreement, which by its nature and effect is required to be kept, observed, or performed after Settlement, delivery and recording of the Deed, shall survive Settlement, delivery and recording of the Deed hereunder and shall not merge therein, but shall be and remain binding upon and far the benefit of the parties hereto until fully observed, kept or performed. 28. Time of the Essence. The parties agree that time is of the essence in the performance of their respective obligations under this Agreement. 29. Confidentiality. It is expressly understood and agreed that Buyer and Seller and their nominees and assigns, if applicable, shall, to the extent practicable, keep this Agreement confidential and shall not in any way publicize or communicate (or cause to be publicized or ,~:nnto.al , nnv .vo~~ thr tArmo nr rnnrlitinna of this A nraamant in~lnrlinrr ~z~ithrnrt vviiiaiiwuvu wuJ iii u i~ .. ....) ...... .,......., ~.. .......+..,....... ... ....... ..b. .,...... .., ..........~..b, .......~,».. limitation intended, the amount of the purchase price or the terms of payment; provided, however, that the parties may disclose information to taxing authorities, other government authorities, and the parties' attorney(s) and accountant(s) to the extent necessary to consummate the transactions contemplated in this Agreement, complete tax filings, and to otherwise comply with law. Buyer and Seller acknowledge that this paragraph constitutes a material term and consideration for this Agreement. 30. Sellers' Acceptance. Sellers' acceptance must be received on or before Wednesday, June 4, 2008. IN WITNESS WHEREOF, the parties hereto have caused this Agreement. to ho executed h their duly authorized representatives. WI ESS: ~, S LER: ~. ~~. OIS J. TRAVE by her attorney-in- fact Anna Messimer WITNESS: BUYER: HARRY H. FOX, JR -10-