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HomeMy WebLinkAbout02-0976OCT 3122 a In Re: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RITA M. HIMPTON, ORPHANS COURT DIVISION an Alleged Incapacitated Person NO. 21-02- q 1 PRELIMINARY DECREE AND NOW, this Jr day of ~d7)Qm~Q,t_,, 2002, upon consideration of the annexed petrhon, it is hereby ORDERED and DECREED that a citation is awarded directly to Rita M. Kimpton, to show cause why he should not be adjudged a totally incapacitated person and a plenazy guardian of her person and estate appointed; the hearing therein to be held in Court Room No. ~ ,Cumberland County Courthouse, 1 Courthouse Square, Cazlisle, Pennsylvania, on `7: ~) o~~a-~ ~e ~Q,,,,C~ ~ ,2002, at (,' 3 6 o'clock P.M. r At least twenty days' notice of the hearing shall be given to Rita M. Kimpton, the alleged incapacitated person, by personal service of the citation, a copy of the petition and written notice in conforn~ity with 20 Pa. Cons. Stat. § 5511 and by service of notice upon any persons not a pazty to the Petition who would be the alleged incapacitated person's intestate heirs, personally or by registered mail. ~ J. In Re: : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA RITA M. KIMPTON, :ORPHANS COURT DIVISION an Alleged Incapacitated Person NO. 21-02- a ~ ~ PETITION FOR ADJUDICATIONOF INCAPACITYAND APPOINTMENT OF PLENARYGUARDIANOF THE ESTATEANDPERSONIN ACCORDANCEWITH 20 PA. CONS STAT. § 5511 TO THE HONORABLE, THE JUDGES OF THE SAID COURT: 1. Petitioner is Edward Bezdzicki and Frank Bezdzicki, siblings of Rita M. Kimpton. 2. Rita M. Kimpton is 74 years of age and is an unremarried widow who has her domicile at 1719 Douglas Drive, Carlisle (North Middleton Township, Cumberland County), Pennsylvania, which is also her mailing address. 3. The following persons are the alleged incapacitated person's only living next-of-kin: NAME ADDRRESS Edward Bezdzicki 572 Fellows Avenue Hanover Township, Pennsylvania 18706 Bernadine Merrell 6806 Bloomsburg Lane Spottsylvania, Virginia 22555 Frank Bezdecki 244 Winona Road Mount Pocono, PA 18344 Blanche Bezdzicki 572 Fellows Avenue Hanover Township, Pennsylvania 18706 Donna Pystak 570 Fellows Avenue Hanover Township, Pennsylvania 18706 RELATIONSHIP Brother Sister Brother Sister Sister 4. To the extent known by petitioner, the assets of the alleged incapacitated person are valued at approximately $940,000.00, comprising the following: $217,000.00 at Waypoint Bank; $557,000.00 at M&T Bank; 5000 shares of PPL Company, valued at $96,000.00; a personal residence at 1719 Douglas Drive, Cazlisle, Pennsylvania, valued at $70,000.00. 5. Petitioner estimates the alleged incapacitated person's annual income to be $58,068.00, including Social Security Benefits of $1,123.00 monthly, and military retirement benefits through her deceased husband of $3,716.00. 6. The alleged incapacitated person was not a member of the armed services of the United States, however, her deceased husband was a member of the armed services and she is receiving benefits from the United States Veteran's Administration. 7. The alleged incapacitated person suffers from a psychotic illness resulting in paranoia and confusion. 8. Because of her mental condition, the alleged incapacitated person is totally unable to manage or even appreciate the significance of her financial affairs, property and business and to make and communicate any decisions relating thereto, including the ability to communicate her need for assistance in these areas. By way of example, she has not filed and has refused assistance from Petitioner in filing income tax returns for the years 2000 and 2001. She has also refused to sign checks for the payment of routine bills such as utility bills for her home. 9. Because of her impaired mental condition, the alleged incapacitated person lacks the capacity to make or communicate any responsible decisions concerning her person and is unable to properly attend to her personal hygiene or to keep herself properly nourished, hydrated and medicated or to understand her need for assistance in these areas. 10. Because of the severity of her mental impairment, the assistance of other persons or services would not enable the alleged incapacitated person to participate in the making of any decisions concerning his estate or person. 11. The severity of the alleged incapacitated person's mental condition mandates that a plenary guardian of her estate be appointed to manage and handle all aspects of the alleged incapacitated person's estate, specifically including, but not limited to: all issues relating to her cash, checks, and any bank or savings accounts held in her name, her stocks and bonds, her personal property, her real estate, any insurance of any kind, of which she is a beneficiary, any governmental and non-governmental benefit plans to which she is entifled, federal, state and local taxes, any claims made or to be made on behalf of her or against her, and the execution of documents, entry into contracts and payment of reasonable compensation or costs to provide services for him. 12. The severity of the alleged incapacitated person's mental condition mandates that a plenary guardian of her person be appointed to handle all issues relating to the person of the alleged incapacitated person, specifically including, but not limited to: her living anangements, her medical and psychiatric care, the administration of medication to her, and the employment and discharge of physicians, psychiatrists, dentists, nurses, therapists and other professionals for her physical and mental care. 13. Petitioner is not aware that the alleged incapacitated person signed any powers of attorney or advance health care directives or in any other way designated anyone to serve as her agent over any of her personal or financial affairs or as her surrogate over her medical care, or that she designated in writing her wishes with regard to health care, including the use or refusal of life- sustaining treatment. 14. The proposed plenary guardians of the person and estate of the alleged incapacitated person are Bernadine Merrels and Edward Bezdziclci, siblings of the alleged incapacitated person, who reside as stated above, whose consents to serve as plenary guardian of the person are attached hereto. 15. The proposed guardians have no interest adverse to the alleged incapacitated person. 16. No other court has ever assumed jurisdiction in any proceeding to determine the capacity of the alleged incapacitated person. 17. No other guardian has been appointed for the estate or person of the alleged incapacitated person. WHEREFORE, petitioners respectfully request that this court award a citation directed to Rita M. Kimpton, the alleged incapacitated person, with notice thereof to be given to the alleged incapacitated person in conformity with 20 Pa. Cons. Stat. § 5511, and to such other persons as this court may direct, to show cause why she should not be adjudged a totally incapacitated person, and Bernadine Merrels and Edward Bezdzicki appointed plenary guardians of her person, and estate. ~~-Gl Robert G. Frey, Esquire Supreme Court Number 4639 5 South Hanover Street Carlisle, Pennsylvania 17013 (717)243-5838 We verify that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa. C. S. A. § 4904 relating to unsworn falsification to authorities. Dated: June 14, 2002 ~~ In Re: : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA RITA M. KIMPTON, :ORPHANS COURT DIVISION an Alleged Incapacitated Person : NO. 21-02- CONSENT OF GUARDIAN OF THE ESTATE AND PERSON I, Edward Bezdzicki hereby consent to act as the Guardian of the Estate and Person of Rita M. Kimpton 1 reside at 572 Fellows Avenue, Hanover Township, Pennsylvania 18706, and am retired. I am a citizen of the United States of America and can speak, read and write the English language. I have no interest adverse to Rita M. Kimpton, the alleged incapacitated person. JJV~d 14~ 'Zoo 'Z ~j ~~ // ~~.1 ~dward Bezdzick~ ~ In Re: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA RITA M. KIMPTON, :ORPHANS COURT DIVISION an Alleged Incapacitated Person NO. 21-02- CONSENT OF UARDIAN OF THE ERTATE AND PER4nN I, Eernadine Merrell, hereby consent to act as the Guardian of the Estate and Person of Rita M. Kimpton I reside at 6806 Bloomsburg Lane, Spottsylvania, Virginia 22555, and am retired. I am a citizen of the United States of America and can speak, read and write the English language. I have no interest adverse to Rita M. Kimpton, the alleged incapacitated person. 1 5 e fie w. b ~r ~l t Z ew z o~ 'L~2/t~ ~ ; ~~A~~ ~ Bernadine Merrell IN RE: RITA M KIMPTON IN THE COURT OF COMMON PLEAS OF AN ALLEGED INCAPACITATED PERSON :CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION N0.21-2002-976 IMPORTANT NOTICE CITATION WITH NOTICE A petition has been filed with the Court to have you declared an Incapacitated Person. If the Court finds you to be an Incapacitated Person, your rights will be affected, including our right to manage money and property and to make decisions. A copy of the petition which has been filed by EDWARD BEZDZICKI AND FRANK BEZDZICKI is attached. You are hereby ordered to appear at a hearing to beheld in Court Room No. 2 Cumberland County Courthouse, Carlisle, Pennsylvania, on MONDAY, DECEMBER 2 , 2002, at 1:30 PM. to tell the Court why is should not find you to be an incapacitated Person and appoint a Guardian to act on your behalf. To be an incapacitated Person means that you are not able to receive and effectively evaluate information and communicate decisions and that you are unable to manage your money and/or other property, or to make necessary decisions about where you will live, what medical care you will get, or how your money will be spent. At the hearing, you have the right to appear, to be represented by an attorney, and to request a jury trial. If you do not have an attorney, you have the right to request the Court to appoint an attorney to represent you and to have the attorney's fees paid for you if you cannot afford to pay them yourself. You also have the right to request that the Court order that an independent evaluation as to your alleged incapacity. If the Court decides that you are an Incapacitated person, the Court may appoint a Guardian for you, based on the nature of any condition or disability and your capacity to Deposition of June Wright-Good, Psy.D., a witness, November 21, 2002 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 . 21 WHEN THERE WAS PRESENT BY TELEPHONE: ON BEHALF OF THE PETITIONER: FREY & TILEY Mr. Robert G. Frey 5 South Hanover Street Carlisle, Pennsylvania 17013-3385 (717) 243-5838 Pagc 2 wnn If. lleShazo, Court Reporter Email: IRport4u@aol.com Phone: 703-878-3048 Stenographic Court Reporting 4689 Hercules Lane, Woodbridge, Va. 22193 FAX: 630-839-3932 Deposition of June Wright-Good, Psy.D., a witness, November 21, 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 • 21 C O N T E N T S Witness: June Wright-Good, Psy.D. Direct Examination by Mr. Frey Page 4 Pxgc 3 .vnn n. uesnazo, (,Dort Reporter Email: IRport4u@aol.com Phone: 703-878-3048 Stenographic Court Reporting 4689 Hercules Lane, Woodbridge, Va. 22193 FAX: 630-839-3932 Deposition of June Wright-Good, Psy.D., a witness, November 21, 2002 s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 i 21 i'dg~ a Whereupon, JUNE WRIGHT-GOOD, PSY.D., a witness, called for examination on behalf of the petitioner, and by me first being duly sworn, was examined and testified as follows: Direct Examination By Mr. Frey: Q Okay; thank you. If either of you have trouble hearing me or if I'm not making myself clear, please interrupt me so that we make sure that the questions are understood. And Dr. Wright-Good, please feel free to use any documents, notes, or records that you might have, that would be helpful in responding to the questions. A Thank you. Q First of all, could you state your name and address for the record, please? A Home address or office? Hnn n. UeShazo, Court Reporter Email: IRport4u@aol.com Phone: 703.878-3048 Stenographic Court Reporting 4689 Hercules Lane, Woodbridge, Va. 22193 FAX: 630-839-3932 Deposition of June Wrigh[-Good, Psy.D., a witness, November 21, 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 • 21 Q Office. A Okay; it's June Wright-Good, Psy.D. Office is Psychiatric Associates, 250 Executive Center Parkway, Fredericksburg, Virginia 22401. Q Thank you. And what is your field of specialty? A I am a clinical psychologist. Q Very good. And are your licensed to practice in Virginia? A Yes, I am. Q What is your educational background please? A I have a Doctorate in Psychologist from a APA accredited school in Missouri. Q Okay; how long have you been practicing? A I have to look. Q An approximation is okay, too. A It depends on if you are including internship and post-doc and all of that. Q whatever is -- Pnoc 5 .vnn u. uesnazo, Court Reporter Email: IRportAu@aol.com Phone: 703-878-3048 Stenographic Court Reporting 4689 Hercules Lane, Woodbridge, Va. 22193 FAX: 630-539-3932 Deposition of June Wright-Good, Psy.D., a witness, November 21, 2002 • 1 2 3 4 5 6 7 8 9 10 i 11 12 13 14 15 16 17 18 19 20 • 21 A Okay; including internship, post- doc, we will say approximately six years. Q Okay, very good. And did you have an opportunity to meet with and examine Rita Kimpton? A Yes, I did. Q Do you recall the date of the examination? A It was on 9/27/02. Q Okay; was that the only time that your saw her? A Yes, it was. Q Where did you examine her? A At Wilburn Gardens Assisted Living Center in Fredericksburg, Virginia. Q Is that where she is currently residing? A As far as I know. Q Okay. And you say that's an assisted living facility? A Yes, it is. Pa~;c C ~+...~ o. ve~nazo, court Keporter Email: IRport4u@aol.com Phone: 703-8783048 Stenographic Court Reporting 4689 Hercules Lane, Woodbridge, Va. 22193 FAX: 630-839-3932 Deposition of June Wright-Good, Psy.D., a witness, November 21, 2002 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 . 21 Q Okay; thank you. Did you have an opportunity to review any medical records of Mrs. Kimpton's? A There was one record from a previous physician. I believe it was -- it was Wellfan Behavioral Health, and that was in York, Pennsylvania. Q Okay. A That was from Alfred Sylvester, I M. D. Q Okay; what did you observe about Mrs. Kimpton's mental or physical condition when you saw her? A Let me see. Hold on just a second. Q Certainly. A When I entered the room, she was laying on the bed, and another staff was with me. She quickly got up, and I believe she got into her rocking chair, very eager to an my questions; and she began rocking continuously throughout the evaluation. N<~a~ ~ ~ ~+.... ,,..~e~nazo, court Keporter Email: IRport4u@aol.com Phone: 703-878-3048 Stenographic Court Reporting 4689 Hercules Lane, Woodbridge, Va. 22193 FAX: 630-5393932 Deposition of June Wright-Good, Psy.D., a witness, November 21, 2002 sl 2 3 4 5 6 7 8 9 10 i 11 12 13 14 15 16 17 18 19 20 21 She did have some constricted affect; there was no smiles about her. She was very talkative. After every statement that I would say to her, she would say um-hum, um-hum, um-hum. Anxiety was present as I stated; that the rocking chair continued to be rocked throughout the evaluation. She had some lip smacking behaviors; but then she placed her teeth in and those remitted. Let's see. She also told me labout incidents of being placed in a facility because she had been hanging her clothes on the line. She also told me that they thought she was a terrorist. She said that someone had hit her mailbox and that she had to pay for it, and the auto insurance wouldn't reimburse her for it. Her thought processes were (pretty loose in her talking. She also thought that the assisted living center needed to be paid. She told me that she had -- I believe it was a million dollars, and that she was willing to offer P~ao~ H ~ r+nn n. ue~nazo, Court Reporter Email: IRport4u@aol.com Stenographic Court Reporting 4689 Hercules Laue, Woodbridge, Va. 22193 FAX: 630-539-3932 Deposition of June Wright-Good, Psy.D., a witness, November 21, 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 them a fifth of a million. She said that her husband did well in the stock market; that Patriot Bank was the bank right around the corner, and she wondered if they could help her with taking care of her money. She told me about limiting herself to watching TV only from four o'clock to seven o'clock, because she was afraid that the sound of the TV might echo throughout the halls. Then she started talking about a hurricane coming, and that a hurricane is really nothing but whirls of water. I'm still looking here. Q Okay. A She did tell me that she was previously evaluated by a doctor in Spotsylvania. And she also told me that her husband was military; that he was always concerned about her weight. And I think that's about it, that I can remember; that I have written down on my notes. 4 Okay. Based on those observations, Pagc 9 ~.~~~ n. ue~nazo, court Keporter Email: IRport4u@aol.com Stenographic Court Reporting 4689 Hercules Lane, Woodbridge, Va. 22193 Phone: 703-878-3048 FAX: 630-539.3932 Deposition of June Wright-Good, Psy.D., a witness, November 21, 2002 1 2 3 4 5 6 7 8 9 10 • 11 12 13 14 15 16 17 18 19 20 • 21 Pagc 10 did you have any conclusions or any diagnosis for her condition? A Well, I actually put a rule-out on paranoid schizophrenia. Rule out means that it's something to look for; so there could be a possibility of that. I did state that she has a history of psychotic disorder, which was mentioned by a previous psychiatrist. He also put a rule- out on paranoid schizophrenia. Q Okay. Do you know if she is on any medication currently? A Well, she was when I saw her. She was on Clonazepam, Haloperidol, Zyprexa, and Vitamin B-12. Hold on just a second. That's all. 4 Okay. That medication, would any of that have been for the possible paranoid schizophrenia, a possible disorder? A We11, Haldol and Zyprexa both are anti-psychotic medications. Q Okay. Based on your observations of her and on your knowledge of what has been .vnn n. ue~hazo, Court Reporter Email: IRport4u@aoLcom Phonc: 703-878-3098 Stenographic Court Reporting 4689 Hercules Lane, Woodbridge, Va. 22(93 FAX: 630-839-3932 Deposition of June Wright-Good, Psy.D., a witness, November 21, 2002 • 1 2 3 4 5 6 7 8 9 10 • 11 12 13 14 15 16 17 18 19 20 • 21 Pagc I I prescribed, do you feel that medication would be able to allow her to function somewhat normally? A Well, I don't know if I would say normally, because even with the medication she was still delusional. Q Okay. And in her -- As you observed her, what would be your opinion about her ability to make reasonable or responsible decisions concerning her medical needs? A I would think that she would need someone to watch over her finances for her. I mean, the statement of offering the nursing home a fifth of a million dollars to take care of her is not a normal thought; when, in fact, she doesn't have that kind of money from what I understand. She would need somebody to look after her finances for her. I do not think she is capable of handling it by herself. Q Okay. And would she also need someone to assist her in making decisions concerning medical or surgical treatment, or what ~~~.~ n. uconazo, court Keporter Email: IRport4u@aoLcom Stenographic Court Reporting 4689 Hercules Lane, Woodbridge, Va. 22193 FAX: 630-839-3932 Deposition of June Wright-Good, Psy.D., a witness, November 21, 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 . 21 medications she should be taking or not taking? A Yes. Q Okay. What was the basis, or who arranged for you to see Mrs. Kimpton? A Susan at Wilburn Gardens asked me to come out and evaluate her, I think, at the request of -- hold on; I'm looking. I'm not sure if it was at the request of a sister, or sister- in-law. It was a relative that had also, I believe, requested it. 4 Okay. One of the people that are seeking to be guardian is her sister who lives in the area. I don't know if -- so, that sounds correct. A It looks like Bernadine Merrels. Q Exactly; that is she. From your observations, would it be beneficial or would it be harmful in any way for Mrs. Kimpton to be present at a hearing in court to determine her capacity to make her own decisions or have a guardian appointed? Pagc 12 ~~~~~ n. ueonazo, court Keporter Email: IRport4u@aol.com Stenographic Court Reporting 4689 Hercules Lane, Woodbridge, Va. 22193 Phone: 703-878-3048 FAX: 630-839-3932 Deposition of June Wright-Good, Psy.D., a witness, November 21, 2002 1 2 3 4 5 6 7 8 9 10 • 11 12 13 14 15 16 17 18 19 20 21 A I don't think it would be of benefit to her to be at a hearing. She is delusional as it is, and I think that she would probably distort the information that would be stated there. Q Okay; thank you. Is there anything else you would like to add? I have no further questions, but is there anything you would like to add from your observations? A I don't think so. I think she will probably do well where she is. I believe Susan was telling me that she was doing okay. She basically comes down and has her meals. She doesn't relate to anybody on a one-to-one basis. So, I think she is doing okay where she is. I haven't talked to Susan in a while though about her. Q Okay. So it seems to you that the arrangements that were made were at least appropriate? A Yes. Page I :...~~ n, ueanazo, ~:ourt Keporter Email: IRport4u@aoLcom Stenographic Court Reporting 4689 Hercules Lane, Woodbridge, Va. 22193 Phone: 703-578-3045 PAX: 630-539-3932 Deposition of June Wright-Good, Psy.D., a witness, November 21, 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Page 14 Q Okay, very good. Thank you very much. MR. FREY: I think we can probably close the record at that point, and I have no further questions. THE WITNESS: Okay. (Whereupon, the deposition is concluded at approximately 1:45 p.m.) Phone: 703-578-3048 Stenographic Court Reportng~e 4689 HerculestLaneP Woodbridge, Va. 22193 FAX: 630-539-3932 Deposition of June Wright-Good, Psy.D., a witness, November 2l, 2002 • 1 2 3 4 5 6 7 8 9 10 • 11 12 13 14 15 16 17 18 19 20 . 21 CERTIFICATE OF NOTARY PUBLIC STATE OF VIRGINIA, State at Large, to-wit: Pagc I $ I, Ann B. DeShazo, the officer before whom the foregoing deposition was taken, do hereby certify that the witness whose testimony appears in the foregoing deposition was duly sworn by me; that the reading and signing thereto was waived; that the deposition is a true and accurate record of the testimony given by said witness. I further certify that I am not related to the witness or counsel; and that I have no interest in the outcome of this case. Given under my hand this 21st day of November, 2002. ,~ Notary Public Hnn ts. Ue~hazo, Court Reporter Email: IRportAu@aol.com Phone: 703-878-3048 Stenographic Court Reporting 4659 Hercules Lane, Woodbridge, Va. 22193 FAX: 630-539-3932 In Re: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RITA M. KIMPTON, :ORPHANS COURT DIVISION an Alleged Incapacitated Person NO. 21-02- 976 AFFIDAVIT OF SERVICE AND NOW, this November 29, 2002, I, Robert G. Frey, Attorney for Edward Bezdzicki and Franki Bezdecki, Petitioners in the above-captioned matter, hereby swear that I have served a true and correct copy of the Petition for Adjudication of Incapactiy, with attached citation, in the above- captioned matter upon those persons listed on Exhibt "A", attached hereto, by depositing same in the United States Mail, postage prepaid, first class mail on November 13, 2002. ~l ~~-~ Sworn and subscribed to before me this November 29, 202 `~.. NorARw~ sou BOROUpT M~~ A' LIESS. NOTARY P{~~~ AlY COM~yggEXMRC ES~AIAY ~~2W .• PA Robert G. Frey Attorney for Petitioners 5 South Hanover Street Cazlisle, Pennsylvania 17013 (717)243-5838 Edward Bezdzicki 572 Fellows Avenue Hanover Township, Pennsylvania 18706 Bernadine Merrels 6806 Bloomsburg Lane Spottsylvania, Virginia 22555 Frank Bezdecki 244 Winona Road Mount Pocono, PA 18344 Blanche Bezdzicki 572 Fellows Avenue Hanover Township, Pennsylvania 18706 Donna Pystak 570 Fellows Avenue Hanover Township, Pennsylvania 18706 EXHIBIT "A" In Re: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RITA M. HIMPTON, ORPHANS COURT DIVISION an Alleged Incapacitated Person NO. 21-02- 976 FINAL DECREE AND NOW, this 2nd day of December, 2002, upon consideration of the annexed petition and after hearing held following due notice, it is hereby ORDERED and DECREED that, based upon a finding that Rita M. Kimpton suffers from a psychotic disorder and as a result is so severely mentally impaired that he is unable to make, communicate or even participate in any decision relating to his estate or person, Rita M. Kimpton is adjudged totally incapacitated. Edward Bezdzicki and Bernadine Merrels are appointed plenary guardian of the person of Rita M. Kimpton. Edward Bezdzicki and Bernadine Merrels are appointed plenary guardian of the estate of Rita M. Kimpton. The respective guazdians shall file with this court a report within 12 months from the date of this decree and at least annually thereafter which (a) in the case of the guardian of the estate attests to: (i) current principal and how it is invested; (ii) current income; (iii) expenditures of principal and income since the last report; and (iv) the needs of Rita M. Kimpton, the incapacitated person, for which the guardian has provided since the last report, and (b) in the case of the guazdian of the person attests to: (i) current address and type of placement of Rita M. Kimpton, the incapacitated person; (ii) major medical or mental problems of Rita M. Kimpton, the incapacitated person; (iii) a brief description of the living arrangements of Rita M. Kimpton, the incapacitated person, and the social, medical, psychological and other support services he is receiving; (iv) the opinion of Edwazd Bezdzicki and Bernadine Men•els as to whether the guardianship should continue or be terminated or modified, and the reas6hs therefore; and (v) the number and length of times Edward Bezdziclsi and Be~rfadine Merrels visited the incapacitated person in the past yeaz. ~ ' • d In Re: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RITA M. KIMPTON, ORPHANS COURT DIVISION an Alleged Incapacitated Person NO. 21-02-976 AND NOW, this ~ day of November, 2003, upon consideration of the petition of Edward Bezdzicki, surviving Guardian of the Estate of Rita M. Kimpton, the incapacitated person, the Court, being of the opinion that $92,000.00 is a better price than can be obtained at public sale, and that the sale is in the best interests of the incapacitated person, and all parties in interest having joined in the presentation of this petition, Edward Bezdzicki, is authorized to sell premises located at 1719 Douglas Drive, Carlisle (North Middleton Township), Pennsylvania, for the price of $92,000.00 and upon receipt of the balance of the purchase price to make, execute and deliver a deed to Brett E. Eater and Melissa L. Eater, husband and wife, their heirs and assigns, of the premises located at 1719 Douglas Drive, Carlisle (North Middleton Township), Pennsylvania. The purchase price shall be accounted for by the Guardian as part of its accounting as set forth in the order appointing Edward Bezdzicki Guardian of the Estate of Rita M. Kimpton. No security shall be required to be posted by Edward Bezdzicki. ..~ ~ BY THE COURT: ~~~ ~ ~~ ~' y ~ f~ J. In Re: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RITA M. KIMPTON, ORPHANS COURT DIVISION an Alleged Incapacitated Person NO. 21-02-976 PETITION FOR PERMISSION TO SELL REAL ESTATE AT PRIVATE SALE IN ACCORDANCE WITH 20 PA. CONS. STAT. § 5521 Petitioner, Edward Bezdzicki, surviving Guazdian of the Estate of Rita M. Kimpton, an incapacitated person, represents that: 1. Rita M. Kimpton was adjudged incapacitated after a hearing, by Decree in the above- captioned matter dated December 2, 2002. 2. The incapacitated person lived at 1719 Douglas Drive, Carlisle (North Middleton Township), Cumberland County, Pennsylvania, and is now a patient at Wilburn Gardens Nw~sing Home, Fredericksburg, Virginia. 3. The incapacitated person is 75 years of age, has suffered from schizophrenia and is not expected to return to her home. She has lived at Wilburn Gardens since September, 2002. 4. The incapacitated person and her late husband acquired title to the premises by virtue of a deed from Metlanco, Inc. dated September 27, 1980 and recorded October I5, 1980 in the Office of the Recorder of Deeds for Cumberland County in Deed Book "D", Volume 29, Page 722. A copy of said deed is attached hereto and incorporated herein as Exhibit "A." 5. The total value of the incapacitated person's assets is as set forth below: Annuity $45Q000.00 Waypoint Bank Account 75,408.72 M&T Bank Account 214,793.66 Real Estate 85,000.00 5,000 Shares of PPL Stock 197.500.00 Total 1 022,702.38 6. The value of the real estate to be sold as stated above is $85,000.00. At the time of petitioning for the appointment of guardians one year ago, the real estate was valued at $70,000.00. 7. No creditors currently exist other than monthly expenses to the assisted living facility in which Rita IGmpton is a resident, medical expenses, and expenses associated with the maintenance and upkeep of the real estate. There are no liens on the real estate. 8. It is necessary that the property be sold since it produces no income and incurs annual expenses of approximately $2,670.00 for heat, utilities, and maintenance and annual real estate taxes of $1,527.36. 9. Petitioner is not authorized to sell the real estate except by order of the Court. 10. Petitioner has not found any will of the incapacitated person and believes that no such will exists. 11. The names, relationships and addresses of the living next-of--kin of the incapacitated person areas follows: NAME ADDRESS Edwazd Bezdzicki 572 Fellows Avenue Hanover Township, Pennsylvania 18706 Frank Bezdecki 244 Winona Road Mount Pocono, PA 18344 Blanche Bezdzicki 572 Fellows Avenue Hanover Township, Pennsylvania 18706 Donna Pystak 570 Fellows Avenue Hanover Township, Pennsylvania 18706 RELATIONSHIP Brother Brother Sister Sister 12. All of the above-listed heirs have been advised of the intended sale and all have expressed to Petitioner their agreement to the proposed sale. 13. The proposed purchasers aze Brett E. Eater and Melissa L. Eater, husband and wife, and their current address is 1408 Bradley Drive, L114, Carlisle, Pennsylvania 17013 14. The purchasers have offered to purchase the property for $92,000.00, with settlement to be held on or before November 30, 2003. A copy of the agreement of sale is attached as Exhibit "B. 15. The computation of estimated net proceeds, $84,409.42, net of real estate broker's commissions and transfer taxes, is attached as Exhibit "C." 16. The purchasers have received mortgage approval in connection with the proposed purchase to satisfy the contingency in the sales agreement. A copy of the mortgage commitment is attached as Exhibit "D." 18. The Guardian has received affidavits from two disinterested persons familiar with the value of real estate in the area indicating in the opinion of each that the proposed sales price is more than could be obtained at private sale. Attached hereto as Exhibit "E" is a copy of each of the affidavits. WFIEREFORE, petitioner requests that the Court enter an order authorizing the sale of the premises, 1719 Douglas Drive, Carlisle (North Middleton Township), Cumberland County, Pennsylvania, to Brett E. Eater and Melissa L. Eater, husband and wife, for $92,000.00, without the requirement for the posting of any security. Respectfully Submitted, ~~ Robert G. Frey, Esquire Supreme Court Number 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717)243-5838 I verify that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa. C. S. A. § 4904 relating to unsworn falsification to authorities. Dated: November 17, 2003 ~~ l~~ ~ ~,;~~ Edward Bezdzick~ _. _ 1Mnly X111, Inc,. IMilM~PA fO IMiYiEU,I q eqP, '"' '- ~-~ I ~~ ~~u~e AfADE THE a7 ~~ ~( of mrr Lord one thm,eand nine h,mdr'rd eighty / SCr/Gn, 6V w lht year ~ CET{fEE.V LLETLANCO, INC., a corporation organized end existing under the laws of the Commonwealth of Pennsylvania and having offices at 1824 Sterrette Cap Road, Carlisle, Cumberland County, Pennsylvania, Grantor, and TREOIK)RE R. KL17pTOq and RITA M. KIIr>pPON, hie wife, both oT North Middleton Township, Cumberland County, Pennsylvania, CranteeeE WITNFISSETH, that the said METLANCO, INC. for and in conaider¢tiun o/ the sum o/1•Y1RTY-TP70 THOUSAND and 00100-_______- _________________________ tawJul more o (~42, 000.00) Dollars______________ ____'-- y J the United St¢tea of Ameriea, undo It Ehe acid Theodore R. Kimpton and well and truf -- Rita M. Kimpton, hie wife, y paid by the receipt whereo{ ie hereby aeknowledyed, an hag ore the eealinp ¢nd drlivary o/ these pregenla, en/eoged, relewed pnd tonfrEmed, ¢ad by these prearn(g d Bated, Ixirpnrned, sold, alienrd, Kimpton B~hils wife,rontheir heirs,d rehredere R. Kimpton ands Rita rb,.nes, assigner p s ntativea, successor ALL that certain tract of land, together with the improvements there- on erected, situate in North Middleton Township, Cumberland County, Pennsylvania, more particularly shown on a certain plan entitled Subdivision Plan Section No. 1 of Pheasant Run Estates for bfetlanco, Inc., Sterrette Gap Road, North Iiddleton Townshi Pennsylvania Scaler 1"=100' November 24, 1972" b Registered Surve or, pl Cumberland Co., in Plan Book 2 y Mechanicsburg, Penn syl vaniaY whichtplanBiszfiled `or Cumberland3000ntage 117 in the Office of the Recorder of Deeds described as followe~~ Said lot is more particularly bounded and BEGINNING at a point on the eastern right-of-way line of Drive, also being the dividing line of Lota fl26 and 2 above mentioned lan Douglas 10 minutes 00 seconds thence by aforesa~od sot line Southa86sdegreae line of Lot ,%33; thenceayt 14y,40 ,set and X31', South 02 de reee aforesaid line and°bnt at the western a point at the northern 58 minutes 47 seconds 4:estel00.Oltfeat2to North 86 de roes 10 line of Lot y28; thence by aforesaid line at th'e eastern ri= tminutes o0 seconds ;lest 148.89 feat to said line North p°h of-way line of Douglas Dri vet thence ba point ~ ' to a point, be' 3 degrees SO minutes 00 seconds Eae*, 100.00 feats ing the place of Beginning, BEING Lot /~27 on a Final Subdivision Plan of Phaaeant Run Estates, on aTSinrfl~ `'ecorde'd in plan Book 23, Page 117. i{aving erected thera- gle family home residence knovm ~ Drive, and numbered as 1719 Douglas r../// ////. fsvnNlP lI ..~ ~ex'Cy.~ •'eGu ~O Y i Cumb. (;o •pa School Dill c a~ ~ ~ ~ R.d &r.r! i.. •Cumb. Ce- h. an :. nd,. q, ~ Rur hbb Tnndl, _D,1 /,,~ ~ T• i aaoK 29 ~ArEa"y~ 4. --_ ...m% ~ s _ ; ~J ar. A G.b. L. Di.~ Gr~iyE ~iC"~_ ~ 0 _._._. - i - _..--_. __.._____ 'i S ~. H.. ._ -_ _.... ,-". TOGETHERwith the right to paes and repass for ingress and egrea e, in common with others, over the roads as shown on said map to and Prom the lot herein conveyed. ~HEING aubfect to a Declaration oS Covenants Piled in 6fiacellaneous Book 229 at Paga 531. BEIf1G further aubfect to easements of record. BEINC part of the same property which Garrett L. Heishman et, al. granted and conveyed to Lletlanco, Inc., by deed dated December 29, 1972 and recorded in the Office oP the Recorder oP Deeds Por Cumberland County, in Deed Book "Y", Volume 24, at Page 942. ' °' COMMONWEALTH OF FMNSYLVANIA = ^ DEFARUdENi Of REVENUE ,n AF,~LIY '~ '' _ o inxnsFFA ocrn•eo X 4 2 0. 0 0_ - P. B.II ISE 6J~y rase 7,..,3 TOGETHER ~iuith au.imd ainprdar gerrdifmnen/a and ¢ r~'aNa, males, loafer-eourere, ripgfn, liberfirr, print(ryq, PPnrlenaneea +vgafaoever Oirrennfo bclnnpinp, or in anywise nytrerfaininp, and the reversions, and remairaiera, rent, issues and proJifa fgercol: and a(( fAe refatr, inlereal, yrnperfy. claim and demand mgafaoever, of t,]~LAN CO, 2N C, npAf, fiNe, in faw, e9nilY, or olhenviae Aoweoeuer, o/. in and fo the same aM every part GereoJ, TO RAVE AND TO HOLD the said menKotted ¢nd intended sa to 6e mitq the ¢ Aerrdi/amrnfa ¢nd prcmisp AereG fmto the said Theodore R. PPUrtenancce, Y pranlyd or heirs, repreaentativesY•impton and Rita fd. Kimpton, hie wire proper rue ¢nd 6ehoo( of the said aUCCe86or8 and aaeiptta to and ~ their wife, their heirs, Theodore R. Kimpton and Rita or tqc only and aesipna forever. representatives, ~. Kimpton, hie successors AND the said prontar AerobY oouenanq sad sprees tgnt it will unn¢M generall ebe property gerc6Y conveyed. Y IN W/TNESS WHEREOF, tqe enGt (71ETLANCO, 7N C, itt its c¢rporole ramc by its Pneident, and has cased to 6~ mewed floe /Menlemc to Ge'siptted pornte. ae¢t.of the said corporation, ¢itested by ile Secrets IA ed Aereunto th¢ common and mr- ~I.i rY, tqc day and year brat above tnriffrn. " -r A._' . Dv ... P.~~P,~~. .ane .. t. ....._. ~.. , ~ t Po•esident. ALteak 8~~29 vgcc 72q i i i I ~-~ i ~ ~/ 1 i i STANDARD AGRF.F,MF,NT FOR THE SALE OF RF,AL ESTATE nfs-zK abi~ u,~ rc~la,,,r„ew ~aa :~pp,rrrd rrr, nl,i r,n m,o„inn m sw hy, mr ~Ilownrl, rr mr rr~~a,yi.naia n.,rcmiio~~ „r arnGroasW stoat. z d r 9 io n 13 13 19 is tfi (1 IB 19 zo n x2 z3 z9 35 }F zv RP ?e 30 tI 33 33 3A 35 36 3] 3P 39 46 d1 9z d3 d9 ds d6 m de d9 so sl sz 53 sd 55 Sfi 5> se 59 SFrLLF,R'S BUSINF,SS RELATIONSHIP WITH PA LICENSED BROKER BROKER (Company) OAAJb~h.-e PHONE, 3- ( _ AUDRFSS _. ~_ ~_-- FAX (1 ', BROKER IS THF, ACENT FOR SELLF,R. Designated A~s f r Seller, if applicable: OR - Broker is NOT the Agent for Seller and is a/an: ^ACENT FOR RUYF,R ^ TRANSACTION LICENSEE, UYER'S BUS F,SS RELATIONSHIP WITH PA LICENSED BROKER BROKER (Company) PHONE AUDRF,SS _ FAX BROKER IS THE AGENT N'OR BUYER. Designated Agent s) for Ruyeq if applicable: OR Broker is NOT [he Agent for Buyer end is a/an: ^ AGENT FOR SF,LI,ER ^ SURAGF.NT FOR SELLER (] TRANSACTION LICF.NSF.F. When the same Broker is Agenf fur Seller and Agent for Buyer, Broker is a Dual Agent All of Broker's licensees ere also Dnal AgenGS UNLESS there are separate Designated A{{gen6 Pot Buyer and11Sallee If the same Licensee is designated for Seller avd Buyer, the licensee is a Dual Agenf. I. ~tryig agree etttr de d ~i) sn ~ 1 g~ ~F_l ~3 , is between SELLER(S): ~~ ZI ~' ~ I called `seller," and BurER(s): - ~~ S . -f' c ~.en ') li~~ c: ,.L -_ ' ,called "Buyer." 2. PROPERTY (1-96) Seller hereby agrees [o sell and convey to Buyer, who hereby agrees to purchase: ALI, THAT CERTAIN lot or piece of ground with buildings and improvements thereon erected, if any, known as: ~~ - in the of Cuunfy of in the Commonwealth of Pen 'ylvanla, Zip Cnde ~ ~ _ IdenliRcalion (ag., Tax ID #; Parcel #; Lut, Block; Deed Btmk, Page, Recording Date) '~T /Seg3' O/ 3 3. TERMS(1-02) (A) Purchase Price ' U.S. Dollars which will he paid to Seller by Buyer as follows: L Cash or chuk el signing this Agrccmenc $ 2. Cash or check within ~ days of the exuufion of Ibis Agreement $ ~ ~ (j-Y~ 3. g 4. Cash, cashier's or certified check at time of serlcmenL g - TOTAL $ (B) Detwsits paid on account of purchase price to be held by Broker for Seller, unless otherwise slated here: _ (C) Seller's wnttOn approval o be on or before: (D) Settlement ro be on a , or before if Buyer and Seller agree. (E) Conveyance from Seller will be by fee simple deed of special warranty unless otherwise stated here: fP~ PaymCnl Of transfPf IaXCS WIII bC dlvldEd fSlaally bClWeen BUyCr and S'CIICr anICS6 OlllefWl6C 6talCd (G) At time oC setlemenq the following will be adjurted pro-rata on a daily basis between Buyer and Sellu, roimbursing where applicable: taxes (see Information Regarding Tax Proration); rents; interest on mortgage assumptions; condominium fees and homeowner association fees, if any; water and/or sewer foes, if soy, together with any other lienable municipal service. The charges are to be pro-rated for the period(s) wvereA: Seller will pay up m and including the date of se[demenq Buyer will pay (or all days following settlement unless otherwise stated here: O.FIXTURES&PERSONAL PROPERTY (1-00) ' (A) INCLUDED in [his sale and purchase price are all existing items permanently installed in the Property, free of liens, including plumbing; heating; IigMing fixmrea (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment garage door openers and [mnsmiRers; television antennas; shmbbery, plantings and unpolted trees; any remaining heating and cooking fuels stored on the Property at the time of settlement; wail to wall carpeting; window covering hardware, shades and blinds; builpin air conditioncrc; built-in appliances; and [he range/oven unless otherwise stated. Also included: D A ~ M S L... ~ r~~ _ ~x n o-~- (B) L~.,ocw Ilan (s~imwwned oy JeueC: (C) nxmres antl items: 5. DATES/1'IME IS OF THF, ESSENCE (1.02) (A) The said date for seniemevt and all other dates and rimes inferred to for the performance of any of the obligations of this Agreement ore agreed to be of the essence of this Agreemem and are binding. (B) For the purposes of this Agreement, number of days will be counted from the date o(execurion, by excluding the day thin Agreemcm was execmed and including the last day of the time period. (C) The dare of setlement is not extended by any other provision of [his Agreement and may only be extended by mutual written agreemem of the parties. (D) Certain rime periods are pre-printed in [his Agreement as a convenience to [he Buyer and Seiler Any pre-printed time periods arc negotiable and may bRe chanfged by striking out the pre-printed text and inserting a diHerem time period acceptable to all parties. Buyer Initlala: 'J C i L A/S-2K Page 1 of e Seller IniliaLs-___ ® PaMtrYIY~OIe Af~OEI~tlORM COPYRIGHT PBNNSVLVgNIA ASSOCIATION OF RRALTORS®2002 f2E~LTOR~ au,a,. ..s-gyn... ~~aTr1T a~ olmz t 3 s F e e v 0 I4 15 i6 ie la z9 zl n m 29 z6 t IE 35 3C 3( 3z 33 3d 35 36 3] 38 39 40 9t 9z d3 99 ds 96 dr d8 49 so 5t s3 SJ s9 ss 56 n 5a 59 so fi. MORT ' .F. CONTINGF,NCY (1-02) ~ ' em st ^ IVF,D. This sale is NOT comingent on mongage financing. sx ELECTED si s] s4 IA) Thic ,vale is comingent upon Buyer o~~bW}}"qping mongage financing as follows I Amount of mort a e Ivan $ l$~l +Za} CJ 5r cc . g g 1 5a ss 2. Minimum Term cars ~ - 6c s6 1. 'type o(mortgage ~~~~Q/g(\~gOJ~C1' `,(~~ ~~Pe n5 sx 4. Interest rate ~_ q; however, Buyer agrees to accept the ioteres[ rate aq may be committed by the mortgage lender not In s ea , xcecd a maximum imerext one o[ ~-k, fie 69 5. Dis~coanl polnt5, IOan Oflglnalinn, IOan pliLemenl and Vlher f<PA Charged by IhC IGndCr as a peMCnlagC Of the mOngagC IOEn (C%cndiag 69 zs any mongage insurance premiums or VA funding fee) not to exceed yo (Byo i[ not specified) of the mortgage Iran. ' m ~' 9 he imerest rare vnJ fens provisions required by Buyer arc satisfied if a mongage leader makes available ro Buyer the right to guarantee an n ra imerest rote m or blow the Maximum Interest Rate specified heroin with the percentage fees at or below the mnount specifed herein. Buyer r2 n gives Seller the right, at Sclla's sole option and as permitted by the mortgage lender and applicable laws m wnrrihute financially, withow '+a r4 promise of roimbursemen4 m the Buyer and/or the mortgage )coda to make the above [eons available to Buyer. '~4 is (B] Within DAYS (10 days if not specified) of Ne execution of this Agreement, Buyu will makes completed, written mottgago application :'s rs for the mortgage terms specified above to a responsible mortgage lender. The Broker for Buyer, if any, otherwise [he Broker for Seller, is ~, -' authorized to communicate with the morlga lender for [he purposes of assisting in the mortgage loan Drocecs. 'n re (C) I. Mortgage commitment date ~~~?3 ,Ifs wriven commitmev[is nolrewived by 5<Ilcrby [heubovc date, Buyer ~t s^ and Seller agree [o extend [he mo ge mmm][ment date until Seller hrminales [his Agreement in writing by notim to Royer. ~ 9 so ,.. Upon receipt of a mortgage rommi[ment, Boyer will promptly deliver a copy of the commitment to Seller. 60 et 3. Selltt has the option to terminate this Agreement in writing, after the mortgage armmilmem dale il'Ihe mongage commiumm~: ru ez Is not valid Until the date of settlement, OR ap eJ b. Is wnditioned upon [he sme oral settlem<ot of any other properly, OR 83 84 c. Contains any other wndition not specified in Nis Agreement that is rat satisfied and/ortemovcd in writing by the mongage lender e4 es within -L DAYS akcr the mortgage commitment date in paragraph fi (L~ (U. n5 s6 4. If this Agrcemem is mrtninated as specifed in paragraphs6(C)(qor(3), or Ne mortgageloan is notomained for scttlcmenl, all deposit monies as m paid on acaruml Uf purchase price will he remmed N Buyer. Boyer will be responsible for any premiums fov mechanics' lice insurance and/or w se title search, or fee (or cancellafion of same, if any; AND/OR any premiums [ur Flood inmrance, mine subsidence inwmnce and/or fire insur- BB s^ ante wish extended coverage, or cancellation Ceu, if any; AND/OR any appraisal fees and charges paid in Udvance m the mongage lender. n] 9e (D) If the mortgage lender requires repairs b Bte Property, Buyer will, upon receipS deliver a copy of the mortgage lender's requiremens m Seller. q] s1 Seller will, within 5 DAYS of receipt of the mortgage lender's requirements, notify Buyer whether Seller will make the required repair 91 9z at Seller's expense. qa w L IC Seller chooses ro make the requited mpaira, Buyer will accept the Property and agree to Ne RELEASE em hsrth in paragraph 25 of this 9a 9a AgreemenL 9J 95 2, B Seller chooses not m make the reyuire4l repairs, or if Seller fails to respond within the time given, Buyer ivill, within ~ DAYS, s!. 96 notify Seller in writing of Buyer's choice to terminate this Agreement OR make [he required repairs at Buyoi s expense and with Seller's es ar permission, which will not he unreasonably withheld. If Seller denies Buyer permission to make the required repairs, Buyer may, within sr se _~ D S of Sellei s denial, terminate This Agreemen4 in which race all deposit monies paid on acarunt of purchase pace will he qn 9q rem promptly to Boyer and Ihu Agreement will be VOID. qq mm (E) Sell ssiat roc tot NOT APPLICABLE ml lox ^ APPLICABLE,. Seller will pay: mx Iw ^ $ ,maximum, toward Buyer's costs as permitted by the mortgage lender. Imo l04 ^ m4 ms FHA/VA, IFAPPLICABLE los 106 (FI ^ kc expressly agreed thm notwithstanding any other provisions of this contract, Buyer will no[ be obligated to complete the purchase of the lob for Property descnlsed herein or [o incur any penalty by forfcimre of earnest money deposits or otherwise unless Buyer has been given, in actor- IDs Ioe dance with HUD/FHA or VA regoiremenLS, a woven statement by the Federal Housing Coy{t!~sionen Ve nx Administration, or a Direct too Inq Endorsemcm Lender.cetting Corth the appraised value of the Property of not leas Nen $ `"l d . (the dolls[ amoum to be 109 um inserted is the soles price as stated in this Agreement). Buyer will have the privilege and option of proceeding with cmnsummafivn of the con- um nt mIG without regard to the amoum of the appraised valuation. The appraised velumion is artived a[ to determine the maximum mortgage the ttt nx Depanment of Housing and Urban Developmcm will insure. HUD does nut warant the value nor the condition oC the Property. Buyer should nz I la satisfy himself/herself thm the price and condition of the Progeny are acceptable. t t] to Warning: Section IBIO of Title I8, U.S.C., Depanment of Housing and Urban Development and Federal Housing Administration Ito I15 Transactions, provides, "Whoever for the purpose o(... infiucncing in any way [he action of such Department, makes, passes, idlers or pub- ns n6 lishes any statemenq knowing the same to be fax ... shall be fined under this title or imprisoned not mote then two years, or both." u6 m (G) U.S. Department of Housing and Urban Development (HUD) NOTICE TO PURCHASERS: Buyer's Acknowledgement m I+e ^ Boyar has recdved the HUD Notice "For Your Protection: Gct a Home Inspection" (see Notices and Information on Propony Condition 1I6 Its Inspections). Buyer understands the importance of geeing an independent home inspection and hag though) about this before signing This tt9 too AgreemenL tzo IzI Buyer's lnitials~ Date Izl tzz (H) Certifiealion We the Undersigned, Seller(s) and Buyer(s) party to this transaction each certify [hat the terms of this contract for purchase are lax Iz] we m the best of our knowledge and belieL and Ne[ any other agrumev[ entered into by any of these parties in wnnection with [his transac- tz] 1x4 Lion is attached to This AgreemenL tx4 Izs 7. INSPF,CTIONS (1-02) is tzs (A) Seller agrees m permit inspections by authorized appraisers, reparable certifiers, ineurerk representatives, surveyors, municipal officials and/or t2s 1P Buyer as may be required by [he mortgage lender, if any, or insuring agencies. Seller further agrees to permit any other inspections required by ur I4B or provided for in the terms of this AgreemenL Buyer hoe Ne tight to attend all inspections. 12e tz9 (B) Buyer reserves the right to make ogre-settlement walk-through inspection of the Progeny. Buyer's right to make this inspection is not waived tag too by any other provision of this AgreemenL Ian t]t (C) Seller will have heating end ell utilities (including fuel(s)) on for Ne inspections. tat tax (D) All inspectors, including home inspectors, are authorized by Buyer to provide a ropy of any reports to Broker for Buyer. tax w 8. PROPERTY INSPECTION CONTBVGENCY (1-02) laa 4s4 Othe s of This Agreement may provide Por inspections and/or cenificatioms Nat arc not waived or ahemd by Buyer's election here t]4 vs r ^ WA ,D. Buyer understands that Buyer has Ne option to request inspections of Ne Property (see Property Inspection Notices and las i]s mm~menml Notices). BUYER WAIVES THIS OPTION and agrees to Ne RELF,ASE set forth in paragraph 25 of this Agreement. us tar lle ELE (q) Within DAYS (IS days if not specified) of Ne execution of this Agreemenq Buyer, at Buyer's expense, may choose to have inxpec- tar tae IJ9 lions and/or certifications completed by licensed or otherwiu qualified professionals (see Property Inspection Notices and Envirtmmenml t]9 loo Notices). This contingency does not apply to Ne following existing conditions and/or items: too l41 t41 IDs (B) Should 8uyerelectmhaveahumeinspec[ion of Ne Property, as defined in[he Pennsylvania HOmelnspection haw, (see Information Regarding tax to the Home Inspection Law) such home inspection shall be performed by a full member in good standing oC a national home inspection associ- t4a b4 atiom or by a pe rs on supervised by a full member nC a national home inspection association, iv accordance with the ethical standards and code u4 ws of conduct pr tiu g ~ atioa I4s 146 ~.r.~f] Buyer lnltials:~(C A/53I4 p' Z f B ~ ~ . age o a, Seller lnitials J/ a Ci~l~. ~'~. n lab te] (C) uycr ix no[ satisfied wish the condition of the Property ac silted in any wrinen report, Ruycr will 1n1 res Optinv 1. Wilhiv the time given fnr completing inspuWms: tae ~~+a I. Accept the Property with the in(onnation stated in the re(rort(s) and agree to [he RP.LEASR set forth in paragraph 25 of This Agreement. OR tae "'~ 2. Terntinare this Agreement in writing by notice to Seller, in which cinc all deposit monies paid on account of purchase price willbe remmed uo ' ~• pmmpny to Buyer and this Agreement will be VOID, OR is ~_- 3. Fmterimnamumally acceptable wrinen agreement wish Sella providing l'or any repnirx nrimprovementx to the Prnpcrty and/or any uWit t53 . ~ m Btryer at scnlement as may be acceptable w the mortgage lender, if arty. to ' Should cffnrtato reachumnNVlly awepwble agreement fail, Buyu must choose maccept the Property or renninate this Agreemem within Lw '" Hte lime given Cor completing inset: ions and ncu+Ning m the provisions in paagmph 8(C) (Option 1) 1 and 2. tss "" ^ Option 2. Within the time given for completng inaputions: 150 'sr I. Accept the Property wish the information slated in the report(s) and'ugree to the RELEASE xet forth in paragraph 25 of this Agreement. Ian 15e UNLP.SS the coral cost to correct the conditions contained in the report(s) is more than $ ~ Is' ~. 1( the mtal cost to cnrreu the wnditions contained in the report(s) EXCEEDS the amount specified in paragraph 8(C) (Option 2) 1, 1ss 1s^ Buyer will deliver the report(s) to Seller within [he time given R¢ Irtspec[ion. rse '"' a Seller will, within ~_ DAYS of receiving the rcpott(s). inform Buyer in writing of Seller's choice to: ~iai I'-' f l) Make repairs before settlement so Iha[ the remaining vest to repair conditions wntained in the repnrt(a) is lass than or cyunl to '6i 'r5 the amount specified in paagraph R (L7 (Option 2) I. .m '6" (2) Credit Buyer aLSeulemem far the difference betwun the estimated cost of repairing the wndidnns eonmined in the report(s) t5n I"'~ and [he amount specifi W in pamgraph 8 (C) (Option 2) I. This option must be acceptable to the mortgage lender, if any. 165 'TB (3) Not make repairs and notuWit Buyer N acttlement for any vests m repvr conditions contained in the report(s). t66 r6z b. If Sella chooses m make repairs or credit Buyer at settlement as specified in paragraph 8 (C) (Option 2) 2, Bayer will accept the I6] 16a Property and agree m the RELEASE sal forth in paragraph 25 of this Agreement. t6a t1o i. If Seller chooses nm m make repairs and not to credit Buyer at seRlemenl, or if Seller fails to choose any option within the time tse +'n given, Buyer will, within ~ DAYS: no I%' (U Accept the Property with the inl'nnnation salted in the report(s) and agree m the RELEASE set forth in paragaph 25 of this m nz Agreemant OR tri ']~ (2) Terminate this Agreement in writing by notice m Seller, in which case all deposit monies paid on account of purchaso price will va be resumed pmmplly to Buyer and this Agreement will be VOID. pe ['s 9. WOOU INFESTATION INSPECTION CONTINGENCY (1-02) 115 'is ^ W D. Buyer unders[andsthot Buyu hoc the optionmrequest thN the Property beinapecmd fnr wood'infema[ion by acertified Pest Control ns 'rr rotor BAYER WAIVCS THIS OPTION and agrees to the RELEASE set Corth in paragraph 25 of this Agreement nr Ire ELEC ns '%4 (A) Within DAYS (IS days if not specified) of [he execution of this Agreement. Buyu, at Buyu's expense, will obtain n written "Wood- tw rso Destroying Insect Infestation Inspection Report" from a certified Pest Control Operator and will Deliver it and all supporting documenla and um tw drawings provided by the Pest Control Opemmrto Seller The report is to he made sa[is(aetory to and in compliance with applicable law,S coon- tat 10? gage lendva, and/or Pederal Insuring and Guaranteeing Agency requiremenLS, if any. The inspection will include all readily visible and mz tai awessible arena n[ all stmcnuu nn the Property except the following s[mcmres, which will not be inspected: rRt m+ --' - _ _ lee 'se (BI If the inspection reveals evidutre Of active in[exN[ion(s), Seller agrees, of Seller's expenx and beforo seWememt. to Treat fnr active infects- tP6 lea lion(s), in accoNance with applicable laws. tae I6> (C) Ifthe inspection reveals damaga from active infante[ion(s)or previous infcs[ation(s),Boyer, at Bayer's expense, has the option to nMainawrit- IB] te9 ten repgn by a professional contractor, home inspector service, or stmcmNl wgineer that is limited m stmcturN damage to the Properly caused tea rfis by wood-destroying organisms and a proposal to repair [he damage Buyer will deliver the structural damage report and corrcdive proposal m re9 we Seller within ~ DAYS of delivering [he original inspection report. lea tat (D) Within ~_ DAYS of receiving the stmctuml damage report and cortedive proposal, Sella will advise Buyer whether Seller will repair, at tst wz Sellu's expense end hefore scttlemenl, any atNCtural damage from active or previous infestation(s). tsz tsa (F.) If Seller cbtwsesmrepair stmcmrel damage revealed by the report, Buyer agrees to accept[he Property as repaired and agrees mthe REl-EASE tv the set forth in pamgraph 25 of Ihis Agreement. let tss (F) (f Seller chooses not ro repair stmcmra damage revealral by the report or [ails to respond within [he lime given, Buyer, within ~ DAYS, t95 Ise will notify Seller in writing aBuyer's choice m: Ins t9r Auept the Property with the defecrs rcvealetl by [he inspuoom witltout abatement of price, and agree to the RELEASE set forth in parm let t9a graph 25 of this Agreement OR tall te° 2. Make the repairs before settlement, if required by the mortgage lendu, if any, al Buyer's expanse and with Sele~spermissioo. which will 19a z1w not be unreasonably withheld, in which case Buyer accepts the Property and agrees to [he RELEASE set forth in paagraph 25 of this iau zm Agreement. If Sella denies Buyer pennisaion to make the repairs, Boyer may, within _~ DAYS of Seller's denial, terminate this im zoz Agreement in writing, in which case all deposit monies paid on ocwunt of purchase price will be ruumed promptly to Buyer and this zai :m Agreement will be VOID, OR R0, me J. Terminate this Agreement, in which case all deposit monies paid on account of purchaze price will be returned promptly to Buyer and 20a zos thr ~ Agreement will be VOID. zos zos 10. RFSID AL LEAD-BASED PAINT HA7.ARD REDUCTION ACT' NOTICE REQUIRED FOR PROPERTIES xms im BUI BEFORE 1978 (1-02) im iae NOT APPLICABLE 208 zos ^ APPLICABLE 20e ztm (A) Seller repreund that Seller has no knowledge concerning tie presence of lead-based paint and/or lead-based paint hazards iv or about the 2l0 bt Property, unless checked below. 2n ni ^ Seller has knowledge of [he presence of lead-based pain[ and/or lead-based paint hazards in or about the Property, (Provide the basis for ztz zu de[ennining [hat lead-based pain[ and/or hazards exist the location(s), the condition of [he painted surfaces, and other available infonna- zt3 zta lion concerning Seller's knowledge of the pmsence of lead-based paint and/or lead-based paint hazards) eta 3IS - T6 z15 (B) Records/Reports. Seller has no reports or records penaming to lead-based pain[ and/or lead-based paint hazards in or about the Pro rt 216 z1] unless checked below. ~ y' fl] 310 ^ Seller has provided Buyer with all available records and reports pertaining to lead-based paint and/or lead-based paiN hazards in or about xf 8 v9 the Property. (List documents) zt9 320 330 z2t (C) Buyer's Acknowledgement Buyer has received tie pamphlet Pmfea Your Family from lead in Your Home and has mad [he Lead Warning zxr 332 Statement conained in [his Agreement (see Environmental Notices). Buyer has reviewed Sellu's disclosure of known lead-based paint and/or 312 zze lead-hosed pain) hazards, as identified in pmagraph 10(A) and haz remived [he romrds and reports pertaining to lead-based paint and/or lead- z33 zxa based paint hazards identified in paragraph IO(B). zzr z2s Buyer's Initials Dete s25 izs (D) RISK ASSESSMENT/BNSPECPION: Buyu acknowledges that before Buyu is obligated to buyaresidevtialdwelling built before 1978,Buyu 226 zz] has J.0__ DAYS m wndoct a risk assessment or inspection of the Property for the presence of laud-based paiN and/or lead-based paint hazards- zz] zza ^ WAIVED. Buyer understands [hat Buyu has the right to conduct a risk assessment or inspection of the Property m determine the presence of zze zzr lead-based paint and/or lead-based paiN hazards. BUYER WAIVF,S THIS RIGHT and agrees to the RELEASE set forth in pamgraph 25 of zzr b0 Ihis Agreement. 230 zit ^ ELECTED 2a 232 I. Buyer, a[ Buyer's expense, chooses m obtain a dsk assessment and/or inspection of the Property for lead-based paint and/or lead-based x3z 333 paint hazard .The risk assessment and/or inspution will be completed within ~_ DAYS of the execution of Nis A regiment. z33 33a Buyer INtlals~~~ j ~3~~ A/S.2K P e3 of 8 . Seller INtlal~v~_~ zsa T' ~1E'~ ns 2 Within the lime set forth abme for obtaining the risk assexsmen[ and/or Inspection of the Property for Icnd-hnsul pnird rind/mr fi! zaG lead-based paint hazards, Ruyer may deliver [o Seller a written Iiel o[ the treufic haz3rduue conditions cimd in the report rind those z36 z3z corrections requested by Boyer, along wish a copy of the risk nsxesement amUor inspection repro. z3z zee i. Seller may, within -L DAYS of mcciving the list and icpnrl(s), submits written corteclive proposal to Buycr.'fhe corrective propttsai z3a z;9 will indude, but not be limited m, the name of the rcmediation company and a pmjcdW completion dart lilr txrrcaivc measures Sella' 139 ann will provide wnificafion from a risk asncaor nr inspector that eoneaive measures have been satisfacmrily completed on ur before the ann oni projedal ttlmplUion date 1dt zez 4. Upon receiving the wrutive proposal. Buyer. within 5 DAYS, will: 2dz 'a3 a. Accept the Wrredivc propteal and the Prop:.ny in writing, and agceto the RELEASE set forth in paragraph 25 ofthtc Agreement Olt ad3 zra h. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will he rammed pmmpdy 2nn ra; to Buyu and this Agreement will be VOID. zds zm 5. Should Seller fail to svbmil a written rnrrectivo proposal within the lime net forth in paragraph 16(D)3 0l this Agrcensnt Buyer, a+s zw within ~$_ DAYS, will: za x is Accept the Propery in writing, and agree w the RELEASE eat fonh in parogmph 25 of this Agreement OR tae +'^~ h. Temrinate this Agreemem in wnfing in which case all deposit monies paid on account o(pvrchase price will be rdumal promptly 1a9 zoo to Buyer and this Agreenent will be VOID. 2so F. Buyer's failure to exercise any of Ruyer's options within [he lime limits specified in [his paragraph will cans[ihrte a WAIVF,R of e;i this contingency and Buyer accept the Property and agrees to the RELEASE sal forth in paragraph 25 of this Agreement 2ez ds3 (EI Certifica[Ion: By signing this Ageement Buyu and Seller certify the accuracy of their respective stalemenu,mthe be tnf their knowledge. 1s3 :,,f 11. STATUS OF RADON (1-02) zsd .... (A) Seller represents that Sella has no knowledge concerning dte premncc or absence of radon unless checked below zss use ^ I. Seller Hoc knowledge that the Property woe tested on the dmev, by the methods (cg., charcoal canieteq alpha track, tle), and wish vG zsz the results of all tests indicated below: zez zse DATE TYPE OF TEST RESULTS (picacunes/liter or working levels) zse ~`~ 359 )rn 2Go net COPIES OF ALL AVAILABLE TEST REPORTS will be delivered [n Buyer with this Agreement SELLER DOES NOT WAR- zsi =- RANT ERHER THE METHODS OR RESULTS OF THE.TESTS. 26z ss3 ^ 2. Seller has knowledge that the Property underwent radon reduction measures on [he date(s) and by the methexl(s) indicated below: 253 znn DATE RADON REDUCTION METHOU 2Gd 165 165 JEfi a66 z6z (B) ON INSPECTION CONTINGENCY zsa zee WAIVED. Buyer understands that Boyu has the option to requcsRhauhe Properly he inspected(or mdoa by acenified inspector [see Envimn- x0e z6n menml Notices: Radon). BUYER WAIVES THIS OPTION and agrees to [he RELEASE set forth in paragraph 25 of [his Agreement zw z%n ^ ELECTED- Boyer, et Buyu'e expense, has the option to obtain, from a certified inspwtoq a radon tea[ of the Property, and will deliver a copy zza %I of the lest report to Sella within __ DAYS (15 days if not specified) of the exuotion of this Agreement (See Environmental Notices: zzt :vz Radon) vz n3 I. IC the tell report revcnla the presence of radon below 0.62 working levels (4 picocurien/liter), Boyer accepts the Property and agrees to the n3 rid RELEASE set foM in parogmph 25 of [his Agreement nn aY5 2. If the ten repor reveals the presence of radon m or exceeding 6.02 working IcveLs (4 picocuriex/liter). Buyer will, within ~ DAYS als zz6 of receip of the lest results: zz5 zn ^ Option 1 1zz aza Accept the Property in writing and agree to the RELEASE su fonh in paragraph 25 of this Agreement OR zza P9 b. Terminate Chic Agreemeo[in writing. in which caseell deposi[moniea paid oa accoum of purchase price will be re[umed promptly to BUyer zz9 zso and this Agreement will be VOID, OR zoo zei ~. Submit a written, erneGive proposal to Seller. The eonemive proposal will include, but not be limited [o, the name of the cerilled miff- zm zez gallon company; pmvisiona (or payment, including retests; and a projected completion date for corutive measures. 1B1 z03 (p Within ~ DAYS of receiving the wnective proppea, Sella will: ze3 zed (a) Agree to the terms of the cortedive proposal in wrung, in which wsc Buyer accepla the Prn~rty and ogres to the zed ms RELEASE set fonh in paragraph 25 of this Agreement OR zm zna (b) Not agree to the terns of [he corrective proposal. acs zm (2) Shumld Seller not agreemthe terse of the conectivc proposal or if Sella fails to respond within the Rme given, BUyer will. within zez a00 ~_ DAYS, elect [o: zee 169 (a) Accept the Ropcrty in writing and agree [o the RELEASE set forth in paragraph 25 of this Agreement OR ze9 R9n (b) Terminate this Agreement in writing, in which case all deppeit monies pail on swoon[ of purchase price will be re[umed zsa z9t promptly to Buyer and [his Agreement will be VOID. a9t zsz O Option 2 xqz a93 a. Accept the Property in writing and agree to the RELEASE sal fonh in pamgreph 25 of this Agreement OR M3 su M1. Submit m woven, comctive proposal to Seller. The conedive proposal will include, but not be limi[eA to, the name of the rzrified mi[i- zsd 195 gation company: povisione for payment inducting retests; node projected completion date for wrective measuree. Sdcr will payamax- z95 19fi imam Of $ toward the total coal of remediatinn and mtests, which will be completed by se[dement. 296 zez (q If the total cost of remedintion and retests EXCEEDS [he amount specified in parogmph I I(B) (Option 2) b, Sdcr will, within R9) z9e _~ DAYS of receipt of the coat of remediatimn, notify Boyer in writing of $ellef's Choice lo: z99 199 (e) Pay fo[ the coral cost of remedia[ion and rete9ts, in which case Buyer accepts the Property and agrees to [he RELEASE set forth a99 Soo in parogmph 25 of this Agrcemenq OR a00 3m (b) Convibute toward the total cost of remedia[ion and retests only the amount specified in parogmph I I (B) (Option 2) b. Sot 3oz (2) If Sella chooses not m pay for the total cos[ of remediarion end retests, or if Seller fails to choose either option within the time 3oz 303 given, Buyer will, wi[hin~ DAYS, notify Seller in writing of Buyer's choice to: 303 and (a) Pay the difference between Seller's contribution to remedia[ion and rete9[s and the actual wst thueoC, in which case 3M nos Boyer accepts the Propeny and agrees to the RELEASE net forth in paragraph 25 of this Agreement OR 305 306 (b) Terminate this Agreement in which case all deposit monies paid on account of purchase price will be returned promptly 306 3oz to Buyer and this Agreement will be VOID. anz 39e 12. STATUS OF TER (1-02) age 3m (A) Salle presents that the Property is served by: 309 ma Public Water ne 3i1 ^ On-site Water 31] 3tz ^ Community Water 3ta 3t3 ^ None 313 31d ^ 31d 3t6 (g) WATER SERVICE INSPECTION CONTINGENCY Sts 3t6 ^ WAIVED. Buyer acknowledges that Buyer has the option to request an inspection of [he water service for the Property. BUYER WAIVES 3t6 3v THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement 31] ate ^ ELECTED me 3t9 I. Buyer has the option, within DAYS (15 days if riot specified) of [he execution of this Agreement and at Buyer's expense, to deliver 319 3zo to Seller a written inspection report by a yualified, professional water testing company of [he quality and/or quantity of the water urvice. 3zo 31t / B ~ 311 311 y . Buyer lniRals: . 9 AL~~K!WWaq'~!j($ '~J' Seller lnifiaFt~~ 311 ^~' 2. .Seller agtwssn lceate;ntd provide access so the on-xim(or individual)wn[er xyssem,i(npplicnble,m Seller's cxlxnse. i(regmlil'al by the ~dvn +~ ^ inspection company. Seller also agree to regore the Property, at Shcer'x expense, prior m.mlllement :~.; "2s 3. 1(thc rgxm reveals That the water service does not meet she minimum standards of any applidable govcrnmcnud aulhmrily and/nl' Nils m ?vs smixfy the rcsryiremcnss Ibr quality and/or quantity xat by the mortgage lender, iLmy, then Seller will, wilhlq_Z DAYS of receipt of ~.s !~~ the report, notify Buyer in writing of Seller's choice lo' 's a- Upgrade the wamr service um[he minimum omepmablc levds,lv:fimre xculement. in which case Buyuaceepls the l'mpetly and agmcs '~ ^ m the RBLEASB set forth in paragmph 25 ol'shis Agrcemcns, OR ~r~i szs ~~ Is h. Not npgmde the water service. h++ 4. I! Seller chquses rim to upgrmle the service km minimum acceptable levels, or fails to res and within she time m ~ DAYS. either: P given, Buyer will, within to ass 33' a. Accept the Property and the wotu service and, if required by she monguge lender, ifany, and/or any giivemmema authority, upgrade a3a 3s^ the wateraervi<e before settlementorwithie the time required by the mart aelendcr, i[an ,and/nran g• 8 y y gnvcrnmenml aulhonty, al sse ~' Ruycr's expense and with Seller's permixsion, which will not he unrcnsonably withheld, and ague so the RELBASE sex Ibrth in pars- s+s "' gnmph 25 of this Agreement If Seller denies Buyer permission m upgmde the water service, Buyer may, wilhin~__ DAYS of ass '' Seller's denial, terminate this Agreement in carving, in which Esc all deposit monies paid on ncwunt ul pnrchasc price will Ic 33s 3•a resumed promptly to Buyer and this Agreemcns will he VOID, OR sin -- h- 'terminate this Agreement in writing, in which case all deposit monies paid on necoum of purchase price will M minrned promptly 'its !'" m Bu d this Agreement will be VOID. am ,,il 13. STATUS OP SF R(1-02) ~+~ (A) Seller resents that the Properly ie served by: 34t bite .Sewer 3rs 3^' ^ IndividualOMot Sewage Disposal System (See Sewage NodccO a^^ ins ^ Individual On-lot Sewage Disgxal Syrem in Proximity m WeII (Sec Sewage Notice 1; see Sewage No6cc 4, if applicable) 34s '^e ^ Community Sewage Disposal System 346 '^' ^ 'Ii•n-acre Perini[ Exanption (See Sewage Nmim 2) 3t7 .lee ^ Noding Tank (See Sewage Nodes 3) 346 3n5 ^ None (Sec Sewage Notice D 3en as0 ^ None Availahle/Pennit Limitations in F.ffmt (See Sewage Notce S) xs3 3sl ^ a51 'sv (B) INDIVIDOAI.ON-hOT SEWAGE DISPOSAL INSPECTION CONTINGENCY "s' ^ WAIVED. Buyer acknowledges that Buyer has the option m inquest an individual on-lot sewage disposal inspection of the Property, BCYBR as i rose WAIVES THIS OPTION and agrees to the RELBAS~.sd forth in paragmph 25 of this Agreement as•I •.. ^ F.LECFED acs +! I. Buyer hex robe optiaq within DAYS (IS days if not specified) of the execution of this Agrremenl and its Buyers expense m stir, ~'?% deliver to Seller a wriUCn inspection mport by a qualif W, profexsional inspector of the individual on lot Swage disp :nl system. ~- n: ~" 2. Seller, nt Seller's expense, agrees, if and as required by the impmtinn company, m locate, provide nc es: to nntl dnpsy the individual en 35r. sf° lot sewage disposal system. Seller alxo agrees w msmre the Property, at Sellers expense. prior to xettlement. 3s.. inn 3. If the report reveals dcfmts that do not inquire expansion or rcpl:mement of the existing xcwage disprsal syxicm, Shccr will, within 3er „era ~_ DAYS of rueipt of the report, notify Buyer in writing of Seller's choice to: xl "+> a. Coned the defects befnrc aeWement including rete5la, m Saller'x expeve, in which case Buyer accepts the I'mperty and agrees m la "~' the RELEASE sal forth in paragraph 25 of his AgrmmcnL OR sal h. Nol correct the defuse '" sr ens • • 4- IC Seller chwses not to canes the defedF or if Seller fails [o respond within the time given, Buyer will, within ~ DAYS, either: ass r, a Accept the Property and the xyslem and, if required by the mortgage leaden i[ any, and/or any governmental oulhnrity, correct the , - ~~ del'mss before seWemcnt or within the time required by the mortgage lender, iC any, and/or uny govemmental auhority, al Buyer's Sea sole expense and with Sellers permission, which will not be unrcnsonably withheld, and agree to the RELEASE set forth in pars- sax ! graph 25 of this Agreement. 11' Seller denims Buyer permission to coned the dcfum, Buyer may, within 5 DAYS of Shcer'x 3'0 denial, terminate this Agreement in writing, in which case all depnsil monies paid on account of purchuxc price will he rehmied 3ra 3'm promptly to Buyer and [hix Agreemem will be VOID, OR an eat b. Terminate this Agreement in writing, in which rase all de{moait monies paid on acwunt of purdmase prim will he rewmcd 3~x 'r' promptly to Buyer anJ [his Agreement will be VOID. r_I ''+^ 5. If the report reveals the need locxpand or captain the existing individual on-lot sewagedis~saLsystem, Sellermay. within 25 DAYS '.;4 rs of receipt of the report, submit a corrective proposal m Buyer.'I'hc corectivc proposal will indade, but not he imisesl lit, the name olihc 3r; axe remediasion company; pmviaiunc for payment, inducting rotesw; and a projected completion date for crrtedive mw.cnres. Wlhin its sv _~ DAYS of receiving Sellers wnedive proposal, or if no corrective proposal is received within the time given, Buyer will: ors a. Agree so the terms of[he wnective proposal,ifany, in writing in which case Boyer accepts the Property and agr~so the RELEASE 3ra -I~s set berth in paragmph 25 mfihis Agrumont, OR srs sso b. Accept the Property and the system and, il'rcquired by the mortgage lender, ifany, and/or any governmenal authority, canes the 300 +si Acfuts befom xeUlement or within the fime requied by the mortgage lender, ifany, and/or any govemmcmm~l authority, at Bmrycr'x ism yet sole expense and with Seller i permission, which will arts be unreasonably wishhel4 and agmz to the RELEASE xd forth in pain- sei 3es graph 25 of this Agreement If Seller denies Buyer permission to correct the defects, Bu er ma ,within 5e^ denial, temminme this A • Y Y ~_ DAYS of Shccr's sea greement m writing in which case all deposit monies paid on account of pnrehase price will he rdumed 3e4 sax promptly to Buyer and [his Agreement will be VOID, OR 3aa 396 c. Terminate tlmie Agreemem in writing, in which case all deposit monies paid on account of purchase prim will be resumed promptly acs 3as so Buyer and this Agreement will be VOID. 3aa 14. NOTTCES,ASSESSMENTS&CERTTFICATES OF OCCUPANCY (1-02) 39> 38a sag (q) Seller represents, as ofSeller's exuutioo of this Agteemut,tha[no public improvement, condominium or homeowner association assessments sag 3s0 have been made against the Property which remain unpaid, and that no notice by any government nr public authority has been served upon 39n 39I Seller or anyone on Seller's hehalL including notices relating am violations of zoning, housing, building, safety or fire ordinances which remain asm 39t uncorrected, and that Seller knows of no condition shat would constitute violation of any loch ordinances which remains uncomeded, unless x94 353 otherwise specified here: gq4 J9a 395 (BI SCIICr I(nOWa Of n0 ot11C! p0[entlal nOtICCa (InClnding VIOIaIIOnsJ and aaaC35mGItS exrap[ a6 fOIIOWS: 394 356 395 aw (C) In the even[any noticea(incloding violations)and assessments are received aHer exumion of this Agreement and befom settlement Seller will 396 x99 3se , notify Buyer in writing, within ~ DAYS of receiving the notice or assessment, that Seller will: 39a 399 I. Comply with notices and assessments at Seller's expense, in which case Boyer accepts the Property and agrees inn the RELEASE set forsh 399 400 in paragmph 25 of this Agreement, OR sot 2. Not comply with notices and assessments a[ Seller's expense. 400 eoz cos 3. If Seller chooses no[ to comply with notices and assessments, or fails within the time given to noBfy Buyer i[Seller will comply Buyer 4m eat , will notify Seller within _~ DAYS in writing that Buyer will either: 404 e a Comply with notices and as9eisttrents a[ Buyer's expense and agree to the RELEASE set forth in paragraph 25 of this Agrcemenq OR eo3 eoe 0s alts b. Terminate this Agreemut, io which case all deposit monies paid on acwon[ of purchase price will be reamed promptly w Buyer 405 and this Agreement will be VORJ. em eoe If Buyer fvk to notify Seller within the time given, Buyer accepts the Property and agrees [o the RELEASE se/ forth In pnra- 406 4W graph 25 of this Agrean¢nL 409 em (D) Buyer is advised that access m a public road may require issuance of a highway ueopancy permit from the Departmem of Tmnsporta[ion. Buyer Inifials: ~~ A S 2K 409 _ / P a ge 5 of 8 Seller InitiaLS~~ ~~ eID ~p yy~~ te I~~1 y ~ ~ I :7 , (J GAFA 9n (F.) If mquircd by law, within ~~ DAYS of the cxccutlott of Ibis Agreement Shccr will nnlw for delivery hr Buyer, on nr Iwfurc wl6lcnlcm: d1] I. A¢rtificalion from the appmpri:ne municipal depanmenl or Jcpartments disclosing notice of any uncomccted violmions of toning, hous- A13 ing.building, Anfety nr fire ordinances. AND/OR .rid ~. Aceniricom permitting lxzupnnry of the PropenyJnthe event mpainfimpnrvements are rrquired for the ixcuance nflhe ceniGane, Sdicr nls with within 6 DAYS of Shcer's rneipl of the rcyui(cmcnts, nmi[y Buyer of the requirements and whdher Scllcr will make the ^1s rcynireJ repairs/impmvemenLemSellercxpcnxe. AI % If Scllcr chooses to make the required repni Nimprovemenls, Buyer agrees m accept the Properly as repaired and ngrecs m the RELEASE scl nw forth in paragraph 25 n( Nis Agreement. If Seller chrroscs not ID make Ne required repairs/impmvemenLS, Buyer will, within s DAYS, nl9 notify Selena wrhing of Buyer's choice to telminale this Agreement OR makclhe repairs/improvemenLS'al Buyer sexpen.veand with Sder un pcrnlixsion. which willnm be unreasonably withhdJ.lf Seller denies Buyer pertniscion to make the reyuimd repaia nr if Seller fails to respond 4zl within [he lime given, Buyer may, within 5 DAYS. terminate this Agrcemem in writing in which case all deposit moniex paid on account eta of purchase pace will be rchlmed promptly to Buyer anJ Ihix Agreement will be VOID. des I5. TITLE, SURVEYS & COSTS (1-02) .nn (A) The Pro~ny i.A le he wnveyeJ free anJ clear of rill liens, encumbrances, anJ casements, EXCEPTING HOWEVER the following existing A's decd restrictions, hixmric preservation rcslnctinnx or ordinanms, building reaMdions, ordinances, casements ol'nndc, eazemcnts visible upon ex Ne grounJ, easomenla of record, privileges or rights of public service companies, i[ any; otherwise the lisle to Ne above Jcccrihml real esmm i-: will Ire good and marketable and .mch as will he insural by a reputable Title Insurance Company a1 Ne regular rmes. Ans (e) Boyar will pay for the following: (q Title search, lisle insurance anJ/nr mechanics lien insurance, or fee for wncellatian of same, il' any; I's Q) Fh%rd in,curanw. Ore insurance wish extended covemgq mine Subsidence inmrnnee, or (a for cancellation oLcame, i(xny: (i) Appmixal dsn lees sod charges paid in advance ID mongoge lender, if any: (4) Ruycr:c customary eettlemem costs anJ aeemals. tsl (CI Any xurvcy or avvcys which may be required by the Ti11c Insorans Grmpany nr the abstracting auomey for rho prepamtinn nl' art aJcyuntc u- legal description of the Property (or the wrtectinn thcrcop will be secured anA paid for by Seller. Any survey or survcyc dccircJ by Buys or +~ ~ requiters by the mongoge lender will be secured and paid for by Buyer. ^t fDl In the even) .Seller is unable to give o good anJ markemble Iitlc and such as will be in.mrcd by a repmoblc Title G+mpony nl the rcguhv rases, as ~~ xpecifieJ in pomgmph l6(A), Buyer will hovelhe option of.(O taking such title us Sclier eon give with no change to thepurchose price; nr(2)being -~ repaiA rill monies paid by Buyer to Shceron acwum ofpurcharo prize and being reimbursed by Seller forany costs incurred by RUycr for any inspeo- s- lions or cenificatlons oMoined according to the temis of the Ag:camenl, and for those items specified in pemgraph IS(B) items (p, (2), (3) anJ in +3a paragraph 15(C), in which rnce Ihere will be no further liability nr nMigation nn eitheroRhe partiex hereto and this Agreemcm will become VOID. dsv Ifi. 7.ONING CLASSIFICATION (1-02) erca ,+ su rvl a c IA con riot solely or primarily Io permit ninglofamily dwellings) will render this Agreement voidable at Ne option of the Boyer, anJ, il'voidell, any deposits nnz mndered by the Buyer will be resumedJ~yhe Buyer ~'il~hout anq require t I'or coon action. .w3 Zoning Classifiratiom ~/Q.n~("`,LW`(\7~Y and ^ ELECTED. Within ~ DAYS of the excwtion of this Agreement, Buyer will verify that [he existing zest of the Properly as d4i is permitted. In the event the zest is not permived, Bvyer will, wilhiv the time AAx givenfor veri8caliom notify Seller in writing thamhe existing use of the Property is not pertnived and this Agreement will he VOlD, in which dd] ass all d sit monies pail nn occoum of purchase price will be resumed promptly to Buyer Buyer's failure to respond within the time d^s give I 1 constitute a WAIVER of [his contingency and all other terms of [his Agreement remain in full force and eRnt. Aa9 17. COAL OTICE ass OT APPLICABLE dsl ^ APPLICABLE, A52 I)IIS IXx'IIMENT MAY NOT SELL, CONVEY, TRANSFER.INCLUUF OR INSURE THE TITLE T(l THE, COgLANU RIGHTS OP SUP1Y)RT UNDERNEATH THL SURFACE LAND ^'+3 DPSCRI9ED UN RRPERRED RJ HEREIN, ANU THE OWNEN OR OWNER501'SUCII COAL MAY NAVC'rHY COMPLETE LEGAL RIOHT TU RF,MOVE ALL SUCH COALAND d59 IN THAT CONNECTIfrN, pAMAGE MAY ftFSULT Ttl tHE SUNFACIi OP THE LAND AND ANY 1{pOSF„ 6UILDING OR OTHER STRUCTURE ON (rR IN SUCI I LAND. (Th15 ass notice is seI lonh in the manner provided in Section I of the Act of ]uly 17, 1957, P.L. 984J "Buyer acknowledges that he may riot be obtaining the ass right of pmlection against subsidence revelling from coal mining oper4lions, and [hat the property described herein cosy be protected from damage d nF] Joe to mine subsidence by a private conlmct wiN the owners of the economic imerears in the coal. This ncknowledgemcmt is made for the purpox a us of complying wish NCproviaions of Section l4ofthe Bituminous Mine Subsidence andthe Land Conservation AdoFApril27,1966."Buyer agrcex 9 d59 m sign Ne deed from Scllcr which decd will ummin the aforesaid provision. d den I8. POSSESSION (14Y1) 4 net (A) Pasxession is m he delivered by decd, keys and: 4 d64 I. Physienl possession to vacam Propeny fret of debris, with all s~maums broomclean, at day and time of seulemenl, AND/OR 4 nfi3 2. Aexignment of existing lease(s), together with any security deposits and interest, at tlme of sevlemenl, if Propeny is leased at the A 961 L'%CGa(IOa D( [ILIA AgreCmCnl DC anC5.9 DIIIeRVISC FpQGIf ICd hClCin. BIIyCr Wl llCkaOWCdgC CSliling IeaSC(i) by inltlamg Sald ICaSC(5) al 4 Ass lime of cxecmion of this Agreement. d d6fi (B) b'Cller Wll not OnIE[ IaIO any nCW Iea9e5, Wrltmn a%ICRSIOa Of C%Ixlmg 12aftC\, If any, Dr addlhOaal IPa$Ci f0[ Isle PNpcny WIIItOaI IhC Wn((Cn 4 d6] COnAEn( Of BayC(. Q d6x 19. RECORDING (3-85) This Agreement will not be recorded in the O(fce for the Recording of Deeds or in any other office or place of public record d ass and if Buyer causes or permits this Agreement to be mwMed, Seller may eleU to treat such ac[ as a breach of this Agreement. d rim 20. ASSIGNMENT (3-85) This Agreement will be binding upon the patties, Iheir respective heirs, personal represemativec, guardians and successors, 4 9n and to the extent assignable, on the axaigns of the panics hereto, it being expmssly understood, howevu, [het Buyer will not Imnsfer or a xign Ibis A d]4 Agreemcm without the written consent of Seller. d avs 21. DEPOSPP & RECOVERY FUND (1-02) 4 9]d (A) Depoxils paid by Buyer within -2~ DAYS of se[demem will be by cash, cashier's or certified check. Depoeitx, regamlesa of [he form of 4 d]s payment and Ne person designated as payee, will be paid in U.S. Dollars m Broker or party identified in paragraph 3(B), who will retain them 4 dr6 in an escrow account until consummation ortertnina[ion of this Agreemen[in con(ormily with all applicable laws and regulations.Any uncashcd a 4n check tendered as deposit monies may be held pending the acceptance of this offer. m ma (B) Upon termination of Ibis Agreement, the Broke[ holding the depoxit moniex will release fhe deposit monies in accordance with the lertns of a A] ws (ally executed wn¢en agreement between Buyer and Seller, m des (C) In the even) of a dispue over entitlement to deposit movies, a broker holdivg Ne deposit monies is required by the Roles and Rcgolationx of 4 9m the Stale Real Esate Commission (49 Pa. Cade §35.J27) to retain Ne movies in escrow until the dispute is resolved. In Ne even[ of litigation 4a daP for the return of deposit moniex, a broker will dislribme the monies as directed by a final order D(court or Ne written Agreemcm of [he parties. 46 9x3 Buyer and Seller agree that, in Ne even[ any broker or affiliated littnsce is joined in litigation for the return of deposit monies, the attorneys' de dsd Cecs and costs of the broker(s) and licensee(s) will be paid by [he party joining [hem. na 4as (D) A Real Estate Recovery Fund exists ro reimburse any persons who have obtained a final civil judgmev[ against a Pennsylvania real estate 48 4s6 licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been unable m collect thejudgmenl after exhaust- de] -grill legal and equitable remedies. Por complete details about the Fund, call (717) 783-3658, or (800) 822-2713 (within Pennsylvania) and 9x 9B6 (717) -0854 (outside Pevnxylvania). 46 see 22. CO IUhVPLANNED COMMUNITY (HOMEOWNER ASSOCIA170N) RESALE NOTICE (1-02) ae d96 NOT APPLICABLE 4 491 ^ APPLICABLE: CONDOMINIUM. Buyer acknowledges Ihat the PropMy is a unit of a condominium that is primarily con by a mi[ owners 49l 994 azsocia[on. §3407 of the Uniform Condominium Act of Pennsylvania requires Seller to famish Buyu wish a Certificate of Resale and copies 99 493 of the condominium declaration (other Nan plats and plans), the bylaws, and the roles and regulafions of Ne association. 4s wa ^ APPLICABLE: PLANNED COMM[JNfI7 (HOMEOWNER ASSOCIATTON). Huyer acknowledges Nat Ne Property is part of a planned 49 d95 community as defined by Ne Uniform Planned Community Act. (See Definition of Planned Community Notice). §5407(a) of [he Act requires 49 486 Seller to famish Buyer wiN a copy of Ne Dedaretion (oNer Nan Plata and plans), Ne bylawA, [he cotes and regulations of Ne association, and 496 491 a Cetificate conlainivg Ne provisions set foM in §5407(a) of Ne Au, a.r 49i d90 Buyer INHaIs: ~ A/S-2K Page 6 of 8 Seller IniBak /FJS~-._,_1 49e `~°^~~~~ 11~' '~7" _.r. a'I no na and Als 41F An 41r A19 dze dzl nz2 di3 9z9 dz; d2F 4z'~ riot 4z au dll ds n~ dad dos Ass dv 4p0 AJ4 ddn 441 ddz dn3 d4d d45 ddb 94] ddfl cox d56 451 d52 d53 45A 465 56 5] s6 59 FO fit 62 fix 64 65 fib 6] 6B 69 ro ]t ]x ]3 ]d 75 ]fi B 9 m t 2 8 5 d86 9 90 x d 5 '" THE. FOLLOWING APPI,IF,S TO PROPF,RTIF,S THAT ARE, PART OFA CONDOMINIUM OR A PLANNED COMMUM1'ITY. ' ssn " IA) Within _j,5 DAYS of lheexe<wion of this Agreement Scller will svhrnilnreyocxl+o the ae'nsia+ian~rn Cenifcalc of RC,calcand+heJuc- '~ wnenty necessary m enahle Scller to comply with the Ad. The Act provides thst the asssxiatinn is required to provide these Aneumrnn within sr~i - 10 days of Shcer's reyue'[. soz '~"' (R) Scller will promptly deliver m Ruycr oil dxumcnls rmeival from the associotion. Under [he Act, Scller is nut liuhle kr Buyer inr the failure ar ~ ss "~ delay of the association m provide the Certificate in n ninety manner, nor is Scller liable to Royer (or nny eroncous infonnatinn provided by nn4 '' ° the associaton and included in [he Certificate. sal I(') Ruycr may declare This Agreement VOID at nny lime Ixfmc Buyer's receipt of the axaociatinn documents rend her 5 days lherrnlYcr. OR unlit sae senlement whichever ou:urs first. Buyer's notic dcdanng this Agreement void moat he in writing; thurad'ter all deposit monies will he sB] ~' returned to Royer. snB ~'s (D) In the evem the association has the right to hay the Proputy (right nF first lu rep, and the association exert' ~ Not right S II ill reimhurse sns rm Ruyerfor all monies paid by Royer nn account of purchase prior rend! rnny rsts inuured by Ruycr for (q 9itle.cenrch file ins mace an+llnr siB 5+' mechanics Iicn insurance, nr fee for cancellation oLaame, if any; (2) Ploed insurance and/or fre insuran t with extended covcrege, mincsuh- ~n "' silence insurance. or I'ec for canedlation of same, iC any, 13) Appraisal Ices rend charges paid in advents to nuinyagc lender, if nny sv ao 23. MAINTENANCE&RISR OF LOSS (1-02) ,.~~ ~" (AI SNler will maintain the Property, grounds, lixtvres', and nny personal property .gmcifmally scheduled herein in ilx preacm condition, normal 51a s ~ wryr and mm'exccptcd. s -~ (RI In the evem nny system or appliance indudal in the sale ofthe Pmpeny fails and Shcor dues not repairer replace the item, Seller will promptly sty ~" notify Royer in writing of Selicr's choim nr: ^n t'la I. Repair or replace the failed .rystem nr npplimce before settlemcm or acdit Buyer m settlemem for the fair markewaluc of the failed lye- =iB '^' tam nr appliance Bhix optiov mast be acceptable to the mortgage lendu, if any). In each case, Royer occepty the Pmpcrry and agrees m stn '-~' the RELEASE set Forth in paragraph 25 of this Agrccmenl, OR sin '- 3. Not repair or replace the failed system or appliance, and not credit Buyer et aettlemem for the fait market value of the ~ ilvA system or szl - appliance. If Seller does no[ repair, replace or offer a credit fm the failed system or appliance, or if Seller fails to notify Ruycr 5zz ' of Seller's choice, Buyer will notify Seller in writing withiv _~ DAYS or before settlement whichever is sooner, that Buyer sza ' will: sza ^ss a. Accept the Progeny and agree to the RELEASE set forth in paragraph 25 of this Agreement OR szs ~z` h_ Terminate this Agreement in which rase ell de(rosit ninnies paid nn account of purchase pace will be renunctl promptly to Ruycr say azr and This Agreement will be VOID. su] -° (q Seller will bent rink of loos fmm fre or other casoalties until lime of settlement In the event of Jamnge by fire or other cmauallicx m any prop ray -: any included in This .vale that is not repairod or replaced prior m sGOement. Buyer will have the opfion of rescinding this Agreement antl "~ promptly receiving all monies paid on nccnont of purchnac price or of accepting the Progeny in its Then wndition together with the proucal.v 5BB ~~' of any insurance recovery obtainable by Seller. Buyer is hereby notified the[ Buyer may insure Buyer's equimble interest in this Pro n rc n( sn ^'> the time of execution of this Agreenrem. ~ y t sal 24. WAIVER OF CONTINGENCIES (1-02) sarz 5]J °~ If thi.v Agreement iv contingem on Buyer's right to inspect ond/or repair the Property, Ruyer's Wilore to exercise any of Buyer's options within sin the time limits .ut forth in this Agreement will constitute a WAIVF,R of chat contingency and Buyer accepts the Property and agrees to [he rss "^ RELEASE sal forth in paragraph 25 of [hie Agreement. sas 2S. RELM;ASE (1-02) - Royer hereby releases, quit claims and forever discharges SELLER, ALL RROKERS, /heir LICENSF,F,S, F,MPLOYEF,S, and any OFF'1- s5a CER or PARTNER of any one of [hem and any other PERSON, FIRM, or CORPORATION who may be liable by or through them, from sn '"' any end all claims, losses nr demands,including, but not limitedW, personal iRluries and propertydamage and all of the consequences there- ~'~' of, whether now kmwn or not which may arise from [he presence of termites or other wood-boring insects, radon, lead-haled pain) haz- r~4' - ards, rnvironmenW l harards, any defects in [he individual on-lot sewage disposal system nr deficiencies in the on-site water service system. ~':~ ' or any defects m conditions on the Properly. Should Seller be io delSult under the terms of this Agreement' [his rcle:rse does not deprive ^~' - Payer o(any right to pursue any remedies that may he available under law nr equity. This release will survive settlement. ,ui 2fi. REPRFSF,NTATIONS (1-02) s45 ~' (AI Buyer understands that any repmsentoiions. claims. advertiaing,promo[ionol activities, brochures or plane of any kind made by Schee Rnrkus, s+a `^% their licensees, cmployech offi¢rs, or partners arc not a part of this Agreement unless expressly incomora[ed or stated in this Agrcemem it is s^] "s further undergood thin this Agreement conmins the whole agreement between Seller and Buyer and d+erc are no other terms, obligations, a4q ' cavcnauts, represenmhons. xtmm~enk or amditions, oral ar odterwixc of any kind whatsoever conceming this sale. Furthennnre, this sag Agreemem will not he altered, amended, changed. or mrxlifed except in writing executed try the parties. s,n (R) It is unders[oM that Buyer has inspected [he Properly hefore signing this Agreement (including fixtures and any personal property sn specifically scheduled herein), nr has waived [he right to do so, and has agreed to purchase [he Property in its present condition unless ss2 ~' Mherwise stated in [his Agreement Buyer acknowledges that Brokers, [heir limnsees, employees, offimrs or partners have nM made sso ^' an independent examination nr determination of the structural soundness of lheProperty, the age or condition of We components, envi- rsn mnmenWl conditions, the permitted uses, or of conditions existing in the locale where the Property is situated; nor have they made a ".. '" mechanical inspection of any of the systems con Wined therein' ss5 "`~ (C) Any repairs required by this Agreement will be completed in a workmanlike manner. sn B,e ID) Rrokcr(s) may perform services to assist onreprcsemcA ponies in complying with the teens of this Agreement 55fl sae (E) The hearlinga, wptiona, end line numbers in this Agreemcm are moon[ only to make it easier to find the paragraphs. Bs9 srB 27. DEFAULT (1-02) 5s, sfiB (A) Seller has the option of retaining all sums paid by Boyer, including the deposit mnnica, ahoald Buyer: ss+ asz I. Fail m make any additional payments as specified in paragraph 3: OR Sfi2 %9 2. [Lmish I'aLse or incomplete information to Seller, Broker(s), or the mortgage lender, if ony, conceming buyer's cgal nr finantia stems, ssa sae or fail In cooperate in [he processing of the mortgage loan application, which acts would resuh in the foliate to obmin the approval of a 5fi4 5f's mongmge loan cummitmem; OR 56fi ass 3. Violate or fail to fulfill and perform any other terms or conditions of this Agreement 566 5s] (R) Unless otherwise checked in paragraph 27 (C), Seller may elect to retain those sums paid by Boyer, including deposit monies, in one of the sfi] ssa following manners: Sfia San 1. On awoum of par itase price; OR s]o ~ sus 2. As mss to be applied to Seller's damages; OR s]o sn i. .liquidated damages for such breach. s]+ sn (C) ~` Seller is limited to reAeining sums paid by Buyer, including deposit monies, as ligaidated damages. srz nB (D) If Seller ro[aina all cams paid by Boyer, including deposit monies, as ligoidatod damages purwant to poragreph 27 <B)or (C), Buyer and Seller s]a s]4 will be releasW from further liability or obligation and [his Agreemem will be VOID. ns 2& MED(7.98) n4 s]s ^ N AVAILABLE s]s SD 5]fi AIVED. Buyer and Seller understand Wat they may choose ro mediate al a later date, should a dispute arise, but that there will be no nbli- sn 5]B gation on the pan of any party to do so. s]s ^ ELECTED rte 5fl0 A9 (A) Buyer and Sellu will try m resolve any dispute or claim that may arise from this Agreement Wrough mediation, in accordance with the Rules sae set and Procedures of the Home Sellcrs]Home Buyers Dispue Resolution System. Any agreement reached through a mediation conference and set sea signed by the parties will be binding. SB] SB2 (B) Royer and Seller acknowledge [hat they have received, read, and understood the Roles and Procedures of We'Home Sellers/Home Buyers 5aa sea Dispute Resolution System (see Mediation Notice). SB5 584 (C) TAie ag cosy[ to ediate disputes arising from this Agreyment will survive settlemenC ~s ses Buyer Initials: Lf A/S-2K Pa~lge~r~y7v of 8 Seller IniBals:~ _~___ 5es z9. sPECIn~, cl,nuses l1-oz). fA7 The following are part o[this Agreement iP Checked: ^ Sule & Seulemem of Other Property Con Gngcncy Addendum (PAR Porm SSP) ^ Sulc & Sclllemenl of Other Property Contingency wish Right to Gmlinue Marketing Addendum (PAR Fnrm SSP-CM) (B) i ~ • 667 BHP ^ Sealement of Other Property Contingency Addendum (PAR Fnrm SOP7 sP~ ~, ^ Tenavt-Occupied Pmpeny Addendum (PAR Form TOP) s9a n _ Buyer and Seller acknowledge receiving a mpy of this Agreement at the time of signing. NOTICE. TO PARTIES: WHEN SIGNED, THIS AGREEMENT !S A BINDING CONTRACT. Return by facsimile transmission (FAX) of [his Agreement; and all addenda, hearing the signatures of all parties, constitutes acceptance oflhis Agreement Parties [o [his transaction are advLsed tolcongv~ an attorney before signing if they desire legal advice. n,. s9z 59] 59d 595 59fi 59] 59P 399 11611 fi01 666 E68 60: enc. 666 Snr hue r.69 ala e11 61a r, ~n Ps 616 6l] •~ has receis ed the Consumer Notice as adopted by the Stele Real Estate Commission at 49 Pa. Cade ¢35.33fi. ^ yf has ieceived a statement of Buyer's estimated closing costs before signing this Agreement. ~erJlas read and understands the notices and explanatory inPOrmahon sal forth in this Agreement . gi~Bu r has received a Seller's Property Disclosure Smtement before signing this Agreement, if required by law (see Information Regarding e Real Estele Sally Disclosure Law). L _ ' ' Ru er has received the De ~~ I ~~ ~ ~ ~ ~ ~ Cr~Sl ,~ Y posit Money Notice (Ior cooperative sales when Broker Por Seller is holding deposit money) In!fnrc signing this ^~ Agreement. /s -~ BUYER'S MAILING ADDRESS:~~~ ~~~nlt~~y 6/ l ~" ~ ~-' ~ ~UI n ~,~ _ NUYF,R'S CO 'FACT NUMBER(S): ~ 1 J - l :. 6]P 1 en WITNESS ~ ` ~~ c.~^ BUYER DATE /o- ~' ~ u3 fi3: / ss# n ' 1- - - 4-~N'T s++ WITNESS ~. ~ ~ ~ k1'/ 1 53s 5~--/~~-ss 62f sn WITNESS RUYER DATE 69a ~~ E39 > 6Y1 Seller hereby approves the above contract this (date) ~~ ~ L 2 JOO 3 6:n and in consideration of the services rendered in procuring the Buyer, Seller agrees to pay the named Broker for Seller o fee of L; h ra of/from the herein specified sale pace. In the event Buyer defaults hereunder, any monies paid on acwuni will be divided J~ '~~ Seller.) A , Rroker for Sellea but in no event will the sum paid w the Broker Cor Seller exceed the above specified Broker's fee. 53d 6r (7 Seller has received the Consumer Notice as adopted by the Stale Real Estate Commission at 49 Pa. Code §35336. his H Seller has received a eta[emeot oP Seller's estimated closing msts before signing [his Agreement. 65> P Seller has read and uodeaslands [he notices end explanatory information sal forth in [his Agrcem¢nt. 61P x1 SELI,F,R'S MAILING ADDRESS: v'~~J fe/~/c wlv~~ 619 sd1 edx fid3 6Ad 5d5 6d6 fi4] tid6 fid9 sso 651 653 r,.a rl 65] x.56 569 668 661 fi63 668 66d 6fi5 666 fib] 6fia 6fi9 8I0 fi)I 516 619 636 6b e:3 63l 521 635 6211 63' @H 639 63C 661 632 699 5d9 F)5 615 car 63B ;;~~ 639 SELLER'S COp7TACT NUMBER(S): ~ wITNFS /..~r'/~r/ 17~/y~,_ Y ~# LER~~„r~ ~,~~ i_-.~_ DATE~o ~~.1-03 WITNESS SELLER F4 DATE SSq WITNESS SELLER DATE SS# Broker's/Llttnseea' Certificatioro (check aII that are applicehle): ^ Regarding Lead-Based Paint Herards Disclosure: Required if Properly was built before 1978: The undersigned Licensees involved in this tronsaclion, on behalf of themselves and [heir brokers, certify that their statements are [me to the best of [heir knowledge and belief. Ackoowl¢dgement: The Licenxoea involved in this ll'ansaclinn have informed Seller of Seller's obligations under TheRcsidential Lead-Based Paint Hazartl Rcducdon Act 42 ILSC. §4852(d), and are aware of (heir respnnsibili ty to ensure wmplianw. ^ Regarding FHA Mortgages: The undersigned Licensees involved in this tmns;uaion, on hchalf of themselves and their brokers, certify that the [amts of this contract for purchase are true to the best of their knowledge and belief, end [het any other agreement emered into by any of these parties in connection with this transaction is attached to this Agreement. ^ Regarding Mediatipn: The undersigned ^ Broker for Seller ^ Broker for Buyer agree to submit to mediation in accordance with paragraph 28 of this Agreement. BROKER FOR ACCEP'T'ED I BROKER FOR ACCEPTEDI A/S-2K Page 8 of 8 BROKER'S COPY .~ ~iii;iL;~.II ~,.. fiAt 6d2 fidJ 6dd fid5 646 64] 6d6 Gds fi60 651 653 653 6sd 655 65E fig 65P 669 666 661 662 bbf 66d 665 665 66] 666 669 6rD 6r1 ( ) 1. FHA Settlement Statement - U. B. De artment of Housin antl Urban Develo menl Form US HUD - 1 ( ) 2. FmHq 6. File Number ( ) 3. Conv. Unins. ). Loan Number B. Mortgage Insurance ( ) 4' VA Case Number 5. Conv. Ins. C. This form Is furnishetl to give you a statement of actual settlement costs. Amounts paitl 1o antl by the settlement agent are ffiown. Items marketl "(p.o.c.)" were paid outsitla of the dosin ', they ere shown here for Intormalional purposes antl are not includetl in the totals. D. Name and Atltlress of Borrower'. E. Name and Atltlress of Seller. Hratt E. Eater Meliaea L. Enter Rita M. Kiutpton F. Name and Atltlress of Lentler 1719 Doufllas Dxive Cnrli sle, Pennsylvanin 17013 (North Middleton Township) H. Seller's Settlemem Agent: Frey 3 Tiley Law Office I. Settlement Date. 5 South Hanover 8t. Place of 6ettlemenc 'IN 25-1730538 November 30, 2003 5 South Hanover street _ Carlisle. PA ]701a J. SUMMARY OF BORROWER'c TRANCer rlnM K SUMMARV OF ELLER' TRAN A TInM 100 Grou Amount Due From Borrower tot Contract sales price 400 Grose Amount Dua To Seller -- 102 Personal p openy 90,000.00 401 Contract Sales price 90, 000.00 1o3 Settlement charges from (line 140p) 402 Personal property 104 1,050.00 403 105 404 Adjustments /or items paid by seller in advance: 405 108 City/town taxes 11/30/03 to 12/31/03 Adjustments /or items paid by seller in adva nce: 10)000nty lazes 30.86 406 Cltydown taxes 11/30/03 1012131/03 30.86 108 gssessments 49) county taxes 109 406 gssessments 110 School lazes 11/30/09 to 6/30/p4 678.56 409 410 School texas 11/30103 111 to&30/04 678.56 112 411 120 Grose Amount Due From Borrower 412 91, 759.42 420 Grose Amount Due to Seller ____________ _________ __ 90,709.42 200 Amounts Peltl By Or In BehaH OI Borrower ___ =____-- 201 Deposit or earnest money 500 Re4uetlone In gmount Due To Salbr 202 Principal amount of new loan(s)'^ 501 Excess deposll (see instructions) 0.00 203 Extsttng loan(s) taken subject to 502 Settlement charges to seller (line 1400) 6, 300.00 204 503 Exlsting loan(s) taken subject to 205 504 Payotl of lust mortgage loan 206 505 Payotl of secontl mortgage loan 2W SOfi 20s 50) 209 508 Adjustments rot items upaid by seller 509 210 Ciry/town taxes 1/1/03 Adjustments /or items upaid by seller to 11/30/03 211 County taxes 510 City/town lazes 1/1/03 l0 11130103 212 Assessments 511 County taxes 213 512 Assessments 214 $chppl taxes )/1103 to 11/30/03 513 215 514 School texas )/1/03 l0 11/30/03 216 515 21] 51fi 218 51) 219 518 220 Total Peitl By/FOr Borrower 5 19 0.00 5 20 Total Reductions to Amt Due Seller ________ _ _____________ 6,300.00 300 Ceeh At Sattbment From?o Borrower: _ ______________ 301 Gross amount tlue from borrower (Ilne 120) 6 00 Ceeh Al Settlement TdFrom Seller: 302 Less amounts paitl by/far borrower (hom line 220) 91, 759.42 6 01 Gross amoum to seller Tram (Ilne 420) 90, 709.42 303 Cash (%)From OTO Borrower (0.00) s oz Less retluclions in amount due seller (hom line 52o): (6,300.00) 91,759.42 fi 03 Ceeh ( (From (XI TO Seller _____________ 84,409.42 GdArb9 cagF ~~.;~,.n L. SETTLEMENT CHARGES ]OO Total 6alea/Broker's Camm. basetl on rice: P Page No. 2 00.000.00 0 6$ • 5,100.00 DiviSien el COmmi55iOn (line J00) eS lollOwS: PeiE From ]91 N/A S,dOp. pp (O B-X Agppcy aOIrOW@fS Paltl From ]00 $e@fS )02 10 )03 Funtla at Funtls at )p1 ]04 Commission paid at Settlement Settlement Settlement )02 ]os ]03 soo Items Payable In Connection With L 5,400.00 ]04 oan: )os (MOrtgsge qmh 0.00) Total charges, Lines 801 through 8' 801 800 o, 00 Loan Origination Fee .000 % to 802 Loan Discount .000 ss t0 0'00 801 603 Appraisal Fee l0 0.00 804 Credit Report 802 to fibs Lender's Inspection Fee 603 to 806 Mortgage Insurance Application Fee 904 to 80] Assumption Fee 805 to 808 Tax 6arv1Ce COnt YaCt 806 t0 909 Flood Certification fee 80] to Bta DOCnal9nt Preparation fee 8oe to 811 809 t0 soo Items Required By Lender To Be Paid In Advance 810 e11 : 901 Interest From 30-Nov-03 (p @ 0 00000 900 . per tlay = 902 Mortgage Insurance Premium for months to 903 Hazartl Insurance Premium for 1 901 904 years to 902 years to F'G'C' 903 905 looo Reserves Deposited With Lender: 904 Toal Reserves, Llnae1001 thoough 1008: 1001 Hazartl insurance 000 soy mos. 4~ per month 1002 Mortgage Insurance 1000 mos. ~ er month P 1003 City properly faxes 1001 mos. @ 1004 County property taxes $30 • 90 per month 0.00 1002 mos. ® 1005 Annual assessments par month 1003 1006 mos. ® per month 1004 m05. @ 100] School taxes per month 1005 mos. ~ $98.86 1008 Aggregate Settlement Adjustment per month 0.00 t00s 1 11 W Title ChergeS: mos. ® per month 00) 1101 Settlement or closing tee l ooa to 1102 Abstract or title search to 1100 1103 Title examination 1101 to 1102 1104 Title insurance binder to 1105 Document preparation 1103 to 1104 1106 Notary tees to 110] Attorney's lees 1105 to Frey a Tiley 1106 (inclutles above items numbers: 150.00 1108 Ttle Insurance to 1 110] (Includes above Items numbers: 1109 Lender's Coverage ) 1108 $ 1110 Owners Coverage Endoraemente: $ 1111 Closing Service Letter to Covwonwealth Land Title In 1169 1110 surance Co. 11u N A 1113 OVBYRlght dahVery fee8 . . 1111 lzoo Government Recording and Transfer Charge I9 1110 1113 aea Peg.a: g 1201 Recortling lees: Deed $ Mtg page®.. Mortgage: $ Releases 1202 City/county/stamps: Deeb $900 00 1200 12 . Mort e e 1203 State tax/stamps' Deetl 900 00 g g ~ $ $ 900.00 01 1202 . ~ Mortgage'. $ 1204 900.00 1203 1205 1300 Additional Settlement Charges: .1204 l 1301 Survey to zos 1300 1302 Pest inspection (p 1301 1303 Current Taxes tlue from Borrower/Seller 1304 1302 1303 1305 1304 139s 1305 130] 1400 Total Settlement Charges (enter onlines 103, Section J and 502 Section K) 130fi 130) , l,oso.oo e,3oo.00 1400 ®SUPERIOR HOME MORT~E Our Success is Buih On Service! S October 29, 2003 Bran E. Eater Melissa L. Eater ] 408 Bradley Dr Ll 14 Carlisle, PA 17013 RE: Application A OS-02640 1719 Douglas Dr Carlisle, PA 17013 Dear Brett E. Eater ens Melissa L. Eater Superior Home Mortgage 640 W. Uwchhm Avenue Exton, PA 19341 610-594-6611 COMMITMENT LETTER It is our pleasure to notify yov that yow application for a Srst mortgage loan has been approved subject to the terms and conditions set forth in the folbwing paragraphs. please read this Ictter carefully and submit all documeata and conditions six (6) business days prior to your scheduled closing date. Thu Joan wJll only be made if you rontply with aU of tke terms and condrllons of tkis Commitment and Schedule A. Loan Amount $ 89240,00 Term 360 MONTHS TYPO 30 yr FHA Interest Rata 6.5% Rate Expiration ] ]/28/2003 Docwnent Hxpication: 02!02/2004 Origination Fee $ Discount Fee $ CotttmitrnentFae $250.00 Flood Cent Fee $ 17.00 Credit Report Fee $ 55.00 Inspection Fee $ 65.00 Appraisal Fu $ 275.00 You will be required to Made with each monthly payment ofprincipal and interest, one twelRh (1/12) of all ammo]: a) real aerate taxes and assessmeuta; b) hazard inaurmtx premiums; c) flood inaurmco premiums, if app]cable; sal d) private mortgago insurance premium, if applicable. Paga 1 of 4 I~XH1B1 i ,~ I'~ov 04 03 08:32a FREY and TILEY ~ 7172436441 p.2 November 3, zoo3 Robert G. Frey, Esquire Frey & Tiley 5 South Hanover Street Carlisle, Pennsylvania 1013 Re: lyiq Douglas Drive Dear Mr. Frey: I am writing to confirm that I am a real estate investor, builder and developer and have been active in the real estate market in the Carlisle area as a purchaser, seller and lessor of residential real estate for many years. I am familiar with real estate and real estate valuations in the Carlisle area and I am familiar with the property at t71q Douglas Drive, Carlisle, Pennsylvania ]013 and with property values in that area. I have been informed that the proposed sales price is $g2,ooo.oo without any Seller assistance toward closing costs. It is my opinion that this sales price is as good or better than one cou]d reasonably anticipate achieving from a public sale of the property. Sincerely yours, C Jeffrey Austin 111 "~' November 5, 2003 Robert G. Frey Esq. 5 S. Hanover St. Carlisle, PA 17013 717-243-5838 Re: Statement of Value Rob-- Regazding the current market value of 1719 Douglas Dr., Cazlisle PA 17013, property in the Estate of Theodore R. Kempton, I value at Ninety-one to Ninety-four Thousand dollazs. This figure is below the assessed value primarily due to lack of upkeep. Respectfully Lawren ec N Bard ~~ Sterling Assoc., Inc. 1909 Ritner Hwy., Suite 1 Carlisle, PA 17013 Office: (717) 245-2600 ^~. Fax: (717)245-2255 Each office intlependently ownetl and operated ~ '~Q In Re: RITA M. KIMPTON, An Alleged Incapacitated Person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION NO. 21-02- 976 ANNUAL REPORT OF GUARDIAN OF THE ESTATE Edward Bezdzicki, plenary Guardian of the Estate of Rita M. Kimpton by virtue of a Decree dated December 2, 2002, does hereby file its annual report as follows: 1. SUMMARY A. Value of principal assets at the beginning of the Report Period: Waypoint Bank Account $243,318.92 M & T Bank Account $513,446.62 5000 shares PPL Company $ 96,000.00 1719 Douglas Drive $ 85,000.00 $937,765.54 B. Total amount of income during the Report` r~ ~~rio~ s~ $46, 2s03 . 00 s C. Total amount of all expenditures made for care, and maintenance of the incapacitated person ° during the Report Period: -;~ i.J (1) From principal $ 7,113.48 ~ (2) From income $46,203.00 D. Total amount spent for all other purposes during the Report Period: $46,044.00 E. Total amounts remaining at the end of the Report Period: Waypoint $ 75,408.72 M & T $ 214,793.66 5000 shares PPL $ 197,500.00 House $ 85,000.00 Annuity $ 450,000.00 Total $1 ,022,702.00 Page 1 of 3 V V II A ADDITIONAL INFORMATION Principal: (1) Total amount remaining at the end of the Report Period: $1,022,702.00 (2)The principal is currently invested as follows: Waypoint M & T 5000 shares PPL House Annuity Total $ 75,408.72 $ 214,793.66 $ 197,500.00 $ 85,000.00 $ 450,000.00 $1,022,702.00 (3) Have there been any expenditures from principal during the Report Period? Yes. Real estate tax, utilities, past due income taxes, care of house. If you answered Yes, was there court approval for all expenditures from principal? (4) Did you receive any principal assets during the Report Period, which were not included on the Petition, or a prior Report filed for the estate? No If you answered YES: (a) Did you receive court approval prior to receiving additional principal? (b) State the sources and amounts of the additional principal you received: B. Income: Page 2 nt J ~. C (1) The sources and amounts of income received during the Report Period are as follows: Pension $1,947.45/month Social Security $1,135.00/month Dividend & Interest $8,500.00/year (2) Income is currently invested as follows: Checking accounts at Waypoint & M & T Bank Payments were made for the care and maintenance of the incapacitated person as follows: Approximately $3,000.00 per month for care at assisted living facility. Prescription medication of $2,427.98. Other medical expenses of $14,888.50 D. Payments not included in Paragraph "C" above were made as follows: Income Taxes (years 2000, 2001, 2002) $19,956.52 Costs related to real estate $ 2,966.43 Costs for nursing home care prior to Order appointing Guardians $23,121.02 Rita Kimpton had not been writing checks for a considerable period of time prior to the initiation of Guardianship proceedings. After the appointment of the Guardians, the Guardians paid the expenses listed above, much of which had accrued from the months and years prior to their appointment. I verify that the foregoing information is correct to the best of my knowledge, information and belief; and that verification is subject to the penalties of 18 Pa. Cons. Stat § 4904 relative to unsworn falsification to authorities. Date: ~'i ~~ ~ EDWARD BEZD IC I Po,ge 3 of 9 /1 In Re: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RITA M. KIMPTON, ORPHANS COURT DIVISION An Alleged Incapacitated Person NO. 21-02- 976 ANNUAL REPORT OF GUARDIAN OF THE PERSON Edward Bezdzicki, Plenary Guardian of the person of Rita M. Kimpton by virtue of a Decree dated December 2, 2002, does hereby file his annual report as follows: 1. Present age of the incapacitated person: 75 2. Living arrangements. a. Current address of the incapacitated person: Wilburn Gardens 3500 Meekins Drive Fredericksburg, VA 22407 b. The incapacitated person's residence is: ;""J C'' _. A ~ p .~ i own home/apartment -' a t,`~ - z ,r_. X nursing home "' - i boarding home/personal care home _~ guardian's home/apartment =` " hospital or medical facility relative's home: (name and relationship) other: (describe) c. The incapacitated person has been in the present residence since September 2002.. If the incapacitated person has moved within the past year, state change and reason(s) for change: N/A Page 1 oJ3 V~. d. Name and address of the incapacitated person's primary caregiver: e. M. Ohm Maung, MD 2216 Princess Anne St., Suite 106 Fredericksburg, VA 22401 3. The major medical or mental problems of the incapacitated person are as follows: Schizophrenia 9. Specify what, if any, social, medical, psycholocfiical and support services the incapacitated person i:> receiving: She is being treated by a physician. Her last examination was September 23, 2003. She is on prescribed medication to control Schizophrenia. She is residing in an assisted living Facility where opportunities for socialization exist and where her condition can be monitored on a daily basis. 5. It is my opinion as guardian of the person that the guardianship should: X_ continue, be modified, be terminated (Briefly explain your response) Since the guardianship process began in the summer of 2002, Rita Kimpton's condition has stabilized. The present arrangement provides a means to ensure that medication continues to treat her Schizophrenia. 6. During the past year, I have visited the incapacitated person 4 times, with the average visit lasting 3 hours. 7. Bernadine Merrell the Co-guardian died , 2003. The undersigned is the surviving guardian of the person for Rita M. Kimpton. Pape 2 aJ3 I verify that the foregoing information is correct to the best of my knowledge, information and belief; and that this verification is subject to the penalties of 18 Pa. Cons. Stat § 4904 relative to unsworn falsification to authorities. Date: / "-.~y- o Y Ld1"<Ld`~ ~ d .~%~ Edward Be zicki Pnge 3 n(3 IN RE: : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA RITA M. KIMPTON, :ORPHANS COURT DIVISION An Alleged Incapacitated Person: NO. 21-02-976 ANNUAL REPORT OF GUARDIAN OF THE ESTATE. Edward Bezdzicki, plenary Guardian of the Estate of Rita M. Kimpton by virtue of a Decree dated December 2, 2002, does hereby file its annual report as follows: 1. SUMMARY A. value of principal assets at the beginning of the Report Period: All State $791, 776.07 M & T Bank $57, 041.94 S, 000 Shares of P P & L $264.650.00 $1,113, 468.01 B. Total amount of income during the Report Period: $45,616.90 C. Total amount of all expenditures made for care and maintenance of the incapacitated person daring the Report Period: (1) From principal .00 (2) From income $43,503.18 D. Total amount spent for all other purposes during the Report Period: E. Total amounts remaining at the end of the Report Period: 1 \~ All State M & T Bank 5, 000 Shares of P P & L Income- Total II. ADDITIONAL INFORMATION $791, 776.07 $57, 041.94 $264 650.00 $ I ,113, 468.01 $21,113.72 $1,134,581.73 A. Principal: (1) (2) Total amount remaining at the end of the Report Period: The principal is currently invested as follows: All State M & T Bank 5, 000 Shares of P P & L Income- Total $791, 776.07 $57, 041.94 $264, 650.00 $1,113,468.01 $21.113.72 $1,134, 581.73 $1,134, 581.73 (3) Have there been any expenditures from principal during the Report Period? N/A If you have answered Yes, was there court approval for all expenditures from principal? (4) Did you receive any principal assets during the Report Period, which were not included on the Petition, or a prior Report filed for the Estate? No If you answered Yes: (a) Did you receive court approval prior to receiving additional principal? (b) State the sources and amounts of the additional principal your received: 2 ... B. Income: (1) The sources and amounts of income received during the Report Period are as_follows: P P & L $8,075.00 Social Security $13,790.00 Pension $23.751.90 $45, 616.90 (2) Income is currently invested as follows: Same as above C. Payments were made for the care and maintenance of the incapacitated person as follows: Nursing Home Pharmacy $37, 683.73 $563.45 D. Payments not included in Paragraph "C"above were made as follows: State Tax $1.870.00 IRS $1, 200.00 Tax Prep. $65.00 Church $350.00 $3, 485.00 I verify that the foregoing information is correct to the best of my knowledge, information and belief,' and that verification is subject to the penalties of 18 Pa. Cons. Stat. 4904 relative to unsworn falsification to authorities. ~,~~/1~~~ ~.~' ~~~ EDWARD BE DZ CKI Date: _, ~3 • ~ 3 IN RE: \© .~- y._. RITA M. KIMPTON, IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURTDIVISION An Alleged Incapacitated Person: NO. 21-02-976 ANNUAL REPORT OF GUARDIAN OF THE ESTATE Edward Bezdzicki, plenary Guardian of the Estate of Rita M. Kimpton by virtue of a Decree dated December 2, 2002, does hereby file its annual report as follows: Dec. 1, 2004 to Nov. 30, 2005) 1. SUMMARY A. Value of principal assets at the beginning of the Report Period: All State $ 791,749.00 M & T Bank $ 62, 843.00 10, 000 Shares of PP&L @ $29.35 $ 293.500.00 $1,148, 092.00 B. Total amount of income during the Report Period: $69,103.00 C. Total amount of all expenditures made for care and maintenance of the incapacitated person during the Report Period.' (1) From principal .00 (2) From income $41,041.00 (See (C) D. Total amount spent for all other purposes during the Report Period $12,562.00 (See D) ~~ E. Total amounts remaining at the end of the Report Period: All State M & T Bank 10, 000 Shares of P P & L Income- Total 77. ADDITIONAL INFORMATION $ 791,749.00 $ 62,843.00 $ 293.500.00 $1,148, 092.00 $ 15.500.00 $1,163, 592.00 A. Principal: (1) (2) Total amount remaining at the end of the Report Period: The principal is currently invested as follows: All State M & T Bank 10,000 Shares of PP&L Income- Total $ 791,749.00 $ 62,843.00 $ 293.500.00 $1,148, 092.00 $ 15.500.00 $1,163, 592.00 (3) Have there been any expenditures from principal during the Report Period? NO If you have answered Yes, was there court approval for all expenditures from principal? (4) Did you receive any principal assets during the Report Period, which were not included on the Petition, or a prior Report filed for the Estate? YES If you answered Yes: (a) Did you receive court approval prior to receiving additional principal? Not necessary (b) State the sources and amounts of the additional principal your received: PP&L split their stock therefore received 5,000 additional shares- Court approval unnecessary. Automatic. B. Income: (1) The sources and amounts of income received during the Report Period are as follows: PP&L Social Security Pension All State Interest $ 9,150.00 $14, 034.00 $ 24,308.00 $ 21.611.00 $ 69,103.00 (2) Income is currently invested as follows: Same as above A (2) C. Payments were made for the care and maintenance of the incapacitated person as follows: Nursing Home Pharmacy Dr.Maunce Clothing $40, 266.00 $ 400.00 $ 250.00 $ 125.00 $41, 041.00 $41, 041.00 D. Payments not included in Paragraph "C"above were made as follows: State Tax $ 640.00 IRS $ 8,570.00 Tax Prep. $ 67.00 Church $ 200.00 Gift-SaraAncus-Niece $ 1,000.00 Prep. .Account $ 50.00 Filing account $ 10.00 Moving furniture $ 150.00 Frank use of auto $ 200.00 Ed use of auto $ 350.00 c. Bookkeeping $ 1, 000.00 d. Visits $ 325.00 Total. $12.562.00 $53, 603.00 I verify that the foregoing information is correct to the best of my knowledge, information and belief,' and that verification is subject to the penalties of 18 Pa. Cons. Stat. 4904 relative to unsworn falsification to authorities. ~ L~'DWARD BEZ,~ZIGKI, Guardian Date: November 20, 2005 ~,,~~ INRE: RITA M. KIMPTON, IN THE COURT OF COMMONPLEAS OF 'CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURTDIVISION An Alleged Incapacitated Person: NO. 21-02-976 -., ANNUAL REPORT OF GUARDIAN OF THE ESTi1T~ Edward Bezdzicki, plenary Guardian of the Estate of Rita M. I~ton~y ~ r virtue of a Decree dated December 2, 2002, does hereby file his annua~cnepor~ as follows: December 1, 2005 to November 30, 2005. - -~ - y N ~"J 1. SUMMARY ~ ~ ,~, A B. C. Value of principal assets at the beginning of the Report Period: All State $ 841,884.94 (r.'ncludes interest $23,223.85) M;x~ T Bank $ 47, IOS. 00 10;000 Shares ofPP&L @ $36.45. $ 364,500.00 • ~ per share $1,253,489.94 _, Total amount of income during the Report Period: $53,288.85 Total amount of all expenditures made for care and maintenance of the.incapacitatedpersnn during the Report Period: (1)i i From principal ~• (2). From income 00 $40, 465.00 (See C) D. Total amount spent for all other purposes during the Report Period: $10,545.00 (See D) E. Total amounts remaining at the end of the Report Period: Al`Z State (includes interest $23,223.85) M&TBank 10; 000 Shares of PP&L @ $36.45 per share Income- ' Total II. ADDITIONAL INFORMATION $ 841, 884.94 $ 47,105.00 ~ 364.500.00 $1,253,489.94 $ 2.278.85 $ 1, 255, 768.79 A. Principal. (1) Total amount remaining at the end of the Report Period: (2) The principal is currently invested as follows: All State $ 841,884.94 (includes interest $23,223.85) M'&TBank $ 47,105.00 10, 000 Shares of PP&L @ $36.45 $ 364.500.00 per share $1,253,489.94 Income- $ 2.278.85 ;~, Total $ 1,255,768.79 (3) Have there been any expenditures from principal during the Report Period? NO r If you have answered Yes, was there court approval for all expenditures from principal? (4) Di'd you receive any principal assets during the Report Period, which were not included on the Petition, or a prior Report filed for the Estate? YES If you answered Yes: (a) Did you receive court approval prior to receiving additional principal? r` Not necessary (b) State the sources and amounts of the additional principal your received: Allstate was enhanced in value from previous year because there was Interest added in the amount of $23,223.85. B. Income: (1) The sources and amounts of income received during the Report Period are as follows: P P & L $13,400.00 Social Security $ 14,527.00 Pension $ 25,361.85 $ 53, 288.85 (2) Income is currently invested as follows: 5~ame as above A (2) C. Payments were made for the care and maintenance of the incapacitated person as follows: Nursing Home $40, 065.00 Pharmacy $ 400.00 $40,465.00 $40,465.00 D. Payments not included in Paragraph "C"' above were made as follows: State Tax, IRS tax & Preparation $ 8,480.00 St. May's Church $ 200.00 Court Filing $ 15.00 Gift-Lynn-Niece $ 100.00 Edward Bezdzicki-mileage $ 400.00 Edward Bezdzicki-keeping $ 1,000.00 Records, etc. Attorney Hudacek--prep of $ 350.00 account $10, 545.00 Total.• $10, 545.00 $51, 010.00 ,' r I verb that the foregoing information is correct to the best of my knowledge, information and belief,• and that verification is subject to the penalties of 18 Pa. Cons. Stat. 4904 relative to unsworn falsification to authorities. 'l EDW,4RD BEZ ZI KI, Guardian Date: December 12, 2005 ~t ,~ :1N THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA IN RE: :ORPHANS COURT DIVISION RITA M. KIMPTON, ~- An alleged Incapacitated Person No. 21-02-976 ` -:"' c~ EDWARD BEZDZICKI hereby certifies as follows: _~ ,`; ~_, ~>> 0 r=; ~: w -a ~: 1. My sister, the incapacitated person over whom I have Guardianship; Rita `'~' a~ Kimpton, has passed away on November O5, 2007. A copy of the Commonwealth of Virginia Certificate of Death is attached hereto. As such, my Guazdianship will end and I have to probate my late sister's Estate inasmuch as she died "intestate". I HEREBY CERTIFY that the foregoing statements made by me aze true. I am awaze that if any of the foregoing statements made by me aze wilfully false, I am subject to punishment. Cam!-fit '~" L "~ "'~v EDWARD BEZ C DATED: 1 ~ _ ~ C _ ~"r -_, Mr. Edward Beadatoffi B 672 Fellows Ave HamverTwp,PA 18708 r 76,. ~.~ 37s~7 LOPY A FOR OIVIBION OF VITAL RECOR05 DECEDENT of oscsocNT ~VI\II\aVl\II{LML L II VI- Ylf\Vaa\IM - Vlr~ l rr avI11 L VI- VLII a 11 DEPARTMENT OF HEALTH - DIVISION OF VITAL RECORDS -RICHMOND _ _ Rita __ _ " M. - - Kim pton 3 PATE OF (m l (peyl (Yeah d. qGE _ ~ IF VNDER 1 YEAR ~ ~ - _ "~ IF UNDER I PAY _. - I S PATE OF Imal DEATH monme eaya ea ~odea , R R - Nov 05, 2007 79 Feb 24, 19 PLACE OF T. NAME OF HOSPItP1 OR INSTITVFION OF DEATH (il none, soslale pOA Oul Pat BLOUNtt OF DEATH II DEATN Ema~Rm InPaeml Mary Washington Hospital __ -__ __ _. ^ [] i q. aTV OR TaWN OF pEA1N ._ m.e. dlv o.lown nmiK?~ _- t - lo. stREET ADDRESS OR RT NO: of vwcE DF v® eo I USUAL RESIDENCE Of DECEDENT ~ d n PER80NAL {~ DECEDENT r " ~n n CAUSE OF DEATN ~ 9 6P a PHYSICIAN: S=il complele.m :mn emaM emoM1 €a ~It.m gel.ne etiNn eom cep ea to !unseal tl ncloaae anon r aelOle alter a E a.V.m,lnaeen or ~ i NOTE:H N "PenClnp" mutt Q bammma, .. f Ntad In peal ~ ~ dnaary Y nglebr of Mal aaclalon as noon poaalme 1001 Sam Perry Blvd 13 Cltt OR TOWN OF RESIDENCE Intida dly orlwmllmino '12 COUNtt OF DECEDENTS RE6IDENLE (illMegntler Spotsylva_n_ia I la STREET ANO ADIXiE55 0R RL ND. OF RESIDENCE i 3500 Meekins Drive NUMBER _^ ®_ ___ WAS DECEDENT EVER IN US. Vea n PRMED FORGES? ^ NanM IS NAME OF DECEDENTS FATHER Bernard Bezdzicki IZ RAGE OL DECEDENT 1fi. OFH BPANCORIGIN? Ilyea,eq "F/CE Mencan, Pueaa Rran, etc. White ~n ^ yd tO. CITIZENO WI AT LOUNLRY 1 21. BIRTHPLACE Ialale or c ountry 22 NEVER MARRIED i USA I6. MPIDEN NAME OF DECEDENTS MOTHER Stella Swinskl Pratt comp el -"~ - EemenbryMCmeery 16121 Ldle9e (t>or5 ~1_? - - - -- _ -_ DIVORCED ^~23.IFMAPR ED OR NApOWEO NAME OF SPOUSE (Fd d hrue bla k) PA MARRIED ^ WDOwEO © Theodore Kimpton ~«. AL>EwH rrv see NM is. uswLOR wsr oceuPAnoN za. RlNOOk aGswess OR INOUSwv - 195-20-4016 Homemaker Own Home e. PARiL EMei Pe daepea, Inrynec,ucompigliana lM1alceufea Ne OeeIM1. CO ml sole, IM1e lmae of ayinq, aucM1 ea cer dac a, teapnlory meal, Lnl only ane uuae on eecM1 line ~ r IMMEDIATE CgU6E (F' I lr e a ( ~ r ~~ (AI -L -~ Y; ,~ canag N ' d M on rezu ) D _ - OVETOIORA59CONSEOUENCEOFI ---- \ I ~ ~c,~ IBl ~ (j' ~ {~ ~ ~t \'. ryy ~~~1 'C S~~ 5 9 ~ hY lzl onaT Tertyk tlin9 t Eapa uze. EMe UNDERLYING . > DVE TO pR 0.5AC0 SEQUENCE OFI OqusE (D Tease rIryVlYMat b2aled .. .v.nls ,.al,m~gma..e,I LAST lDl ~REwTIONSHIP -" ZIP COPE 22407 ONSETANO LEATH iln e i. - _. _-. } f~ ._ _ ARi I. plMr emTCe cona0ana emV LUenq NdealM1 EN ~¢aull nO !•IM1e uneellHn - - - -"--- ~---'-- gnuaegNmn PeM1l - - - m 2 2Re. AUTOPGY~ O F I AUTHORIZED BY: I ^ Q LE, WAS iHEREAPREGNANCY ~28c.IF ENTERNPL CAU$E.IT WAS --$Ba. OESLRIBE HOWINJURV RELATING i00EATH OCCORRED" li IN PgST J MONTH59 ~ I ^ I Hllayay uslnnleunxp w ^ ea ^ aow~ ^ Toe usEOF DEarH ~ M Q - 28 TIME OF INJIIRV - f 1 (dayl lyear 1 281. URY OCCURRED "-- -- -----" -- 25q. PLACE OF NJURV In ,farm 28M1 (alya Nwnl (counryl ---- (adlel V AM IattdY street. o1M1ce ddq, eV 1 O P ylyl ^ notwlille y j _ M_ _ el work el work ~ zei i on NrtY FnoM qe h.... ACTUAL SION4TURE ~ NAME Of PTIENOINGPHVS CNN fir. MaDOg neee ~ "... Ie. m.11P. 1 Mdleandq M Mwualale40. - "".. "". ". GATE SIGNED 1 - - (~ L I ~ t """ - - - - ..... (Tyq o, Paw.1 AppRE55OF ATTENDING PMVS C A \,, 2216 Princess Anna St#106 Fredericksburg VA 22<01 ~ ".. ~ F `~ ..... .... FUNERAL 2q. BURIPL REMOVAL CR EMATION a0 GAGE O (name al remelerV ar eremebry fury o~counryl (slalel DIRECTOR F BURIAL, G'I ^ Al _ " ^ REMOVAL ETC _~_ Indiant own Gap National Cemetery Annvill e P A 31. ;q re ono IA ry peso PIY fiTA~ibi. mmfi l rX Tr~ _ _ , _ _ _ NAME OF FUNERAL - ~-- _--- "- _ - _ HOME ANO Found and Sons Funeral Chapel -' "-- -' - FuNERU SegmcE uwesEE r rvsxT , Rlrv E-'r-" a.~ +% /L R,S V'~J AoORESS .10]19 Courthouse RD., Fredericksburg, VA, 2440] REGISTMR 2 I ~9nan I A n ~ - J~/~ / _ ~ y . 1/ GATE RECORp / / FlLEp. ~ ,SERVE0E0 {-% / 3~ '~ ~J / / / ~ f ~L"~`~'-k-.'-a\ {~L= __ /~ 'F _. _ ___... _. ~'y/N~J-~<_.. _ T a STPARS VSE I r This is to certify that this is a true and correct reproduction or abstract of the official record filed with the Fredericksburg Department of Health Fredericksburg, Virginia. Date issued //~/~~~j'7 ' eputy Registr r I verify that the foregoing information is correct to the best of my knowledge, information and belief,• and that verification is subject to the penalties of 18 Pa. Cons. Stat. 4904 relative to unsworn falsification to authorities. Z~ Date: December 12, 200.~- EDWi~RD BE CKI, Guardian ~z-z~- ~~ t: -, W IN RE: RITA M. KIMPTON, IN THE COURT OF COMMONPLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION An Alleged Incapacitated Person: NO. 21-02-976 ANNUAL REPORT OF GUARDL4N OF THE ESTATE Edward Bezdzicki, plenary Guardian of the Estate of Rita M. Kimpton by virtue of a Decree dated December 2, 2002, does hereby file his annual report as follows: December l,a~~ to November 30, ~~ ~` 1. SUMMARY A. Value of principal assets at the beginning of the Report Period: All State ,~. $ _ ... ~' lU £j ~`z ~' ~ (includes interest ~ ~ o ~ "-~ ~~~ ~s' M~ T Bank ~ $ ~ 10 000 Shares of PP&L @ , S'j ~ $ ,5~ 3 °i `~~ per share - )- J ~ s `~= B. Total amount of income during the Report Period: ~ S~_3~ ~ ~ ,~~ „, C. Total amount of all expenditures made for care and maintenance of the .incapacitated person during the Report Period: (lei ~ From principal ~ ~ f<~ v.tf~-°.E~ ~: (2)• From income ~ ~~ ~'~~~ (See C) D. Total amount spent for all other purposes during the Report Period: ~F S' (-. E. Total amounts remaining at the end of the Report Period: All State (in{eludes interest ~ ~-o~~ =~ 11g''c?~ T Bank 10; 000 Shares of PP&L ~~ j ~ per share Income- ~' / ~~ ,~,~°- 0 ' Total II. ADDITIONAL INFORMATION A. Principd'l. $ ,,'3o arou-~ j ~~ ~'- ~~ j' s f ~, ~ y~~_ -' l (1) Total aril;;®unt remaining at the end of the Report Period.• (2) The principal is currently invested as follows: All State (includes interest ~-Z ?- o ~~= M`& T Bank 10, 000 Shares of PP&L @~S .3 •~ ~` per share Income- ~ / ~ ~ c~. ~8, Total ~ 8~+~~~.g'"' .._ 7` I 'O ~~J (3) Have there been any expenditures from principal during the Report Period? ~ ~~ ~ _} . If you have answered Yes, was there court approval for all expenditures from principal? /V J h/ou. s ~.~.• c, ~ ~ ~o t (4) Did you receive any principal assets during the Report Period, which were not included on the Petition, or a prior Report filed for the Estate? YES If you answered Yes: (a) Did you receive court approval prior to receiving additional principal? Not necessary •< (b) State the sources and amounts of the additional principal your received: Allstate was enhanced in value from previous year because there was Interest added in the amount of .Ir' ~,L '~- o SL`f ° ~ B. Income: r: (1) The:sources and amounts of income received during the Report Period are as follows: Social Security $ ~'/ ~ ~ ~~' .._- $ .s"3 ~~~-~~ (2) Income is currently invested as follows: ~, . :Fame as above A (2) C. Payments were made for the care and maintenance of the incapacitated person as follows: Nursing Home $. ~~ "~ ~' ~° r Pharmacy $ `~~ ~. ; D. Payments `not included in Paragraph "C"above were made as follows: ;+ State.7'ux, IRS tax & Preparation $ S ~Sl St. Mary's Church $ / so Court=Filing $ ~a G~-L'ynn-Niece $ r~~'"~- Edward Bezdzicki-mileage $ , . _ ~ "-`' Edward Bezdzicki-keeping $ .' l~ ''"'°' Records, eta ,tea W .t k'+'-~ .+/, ~ ~r ~ . i jo ~..J 5 C i8 / ~~ ~ ~Z 3g('o y