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HomeMy WebLinkAbout06-05-09,,w ..> _,..} ~ =-~ COYNE & COYNE, P.C. _ ~ ~ ._7 `r7 _ , Lisa Marie Coyne, Esq. ~ ,~ - ~: Pa. Supreme Ct. No. 53788 3901 Market Street ~ ~ ~._: Camp Hill, PA 17011-4227 ' -_+ (717) 737-0464 ~ ~ c: ; IN RE: IN THE COURT OF COMMON PLEAS OF Estate of William C. Wilson, Deceased :CUMBERLAND COUNTY, PENNSYLVANIA Orphans Court Division Estate No. 21-09-0271 PETITION UNDER SECTION 3356 OF PROBATE, ESTATES AND FIDUCIARIES CODE FOR ORDER OF COURT GRANTING SALE OF REAL PROPERTY TO THE ADMINISTRATOR OF ESTATE IN HIS INDIVIDUAL CAPACITY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW COMES, the Petitioner, Kenneth E. Wilson, as Administrator of the Estate of the Late William C. Wilson and in his individual capacity, by and through his attorney, Coyne & Coyne, P.C., respectfully states the following in support of this Petition: 1. On January 5, 2009, William C. Wilson ("Decedent") died intestate, having never married and having no children. 2. Petitioner, the only surviving sibling of the Decedent, was appointed administrator of the estate by the Register of Wills of Cumberland County, Pennsylvania on March 20, 2009. 3. The Decedent was survived by his brother, Kenneth E. Wilson, the Petitioner, and the following nieces and nephew, children of the late siblings of the Decedent: a. Mre Norman R. Stoner b. Ms. Margaret E. Evans 110 Turtle Ridge Road 63 Santa Monica Avenue Shermans Dale, PA 17090 Carlisle, PA 17015 c. Mr. Kenneth E. Stoner #1 Sunset Circle Mechanicsburg, PA 17055 e. Mr. Earl T. Wilson, II 711 Barbara Street New Cumberland, PA 17070 g. Ms. Barbara A. Bottiglier 1771 Miller Road Dauphin, PA 17018 i. Ms. Donna M. Robinson 6504 Devonshire Heights Road Harrisburg, PA 17111 d. Mr. Jeff Potteiger 5880 Mimosa Street Harrisburg, PA 17112 f. Mr. Edward Potteiger 2120 Sauers Road Harrisburg, PA 17110 h. Ms. Brenda K. Traister 183 Run Valley Road Conestoga, PA 17516 j. Mr. Vaughn Potteiger 6003 Jacobs Avenue Harrisburg, PA 17112 k. Mr. Steve Potteiger 1177 Powells Valley Road Halifax, PA 17032 4. On April 3, 3009, all intestate heirs of the Decedent were notified of their status as intestate heirs; however, because of the large DPW claim for nursing home care provided to the Decedent, the intestate heirs were advised of the unlikelihood of any residual distribution to the intestate heirs. (A copy of the Notice is attached as Exhibit "A") 5. The Petitioner and the Decedent by way of deed, dated February 24, 1994 and recorded in the Recorder of Deeds Office of this County at Deed Book 104, Page 534, became joint owners as tenants in common concerning certain improved real estate located in Silver Spring Township, Cumberland County, more commonly known as 429 Hogestown Road, Mechanicsburg, Pennsylvania. (A copy of the Deed is attached as Exhibit "B") 6. Decedent and his brother, the Petitioner, Kenneth E. Wilson, resided together at 429 Hogestown Road, Mechanicsburg, Pennsylvania where Petitioner cared for the Decedent until, by Order of this Court, Petitioner was appointed Plenary Guardian of the Decedent upon the Court's determination and finding that Decedent was incapacitated and Decedent then became a resident of the Cumberland County Home. (A copy of the Guardianship Order is attached as Exhibit "C") 7. Although Decedent began residing in the Cumberland County Home, Petitioner continued to reside in the jointly held property and paid all the maintenance costs for the property to include replacement of windows, payment of real estate taxes, repair and replacement of water heater, etc. associated with the property. 8. Despite the best efforts of the Petitioner, and due to Petitioner's age and limited financial resources, the property has continued to deteriorate and is in need of significant repairs. 9. In its present condition, the property is not insurable due to seriously antiquated and unsafe electrical service and significant surface water issue in the basement of the property which existed prior to Decedent's death to date. 10. The property is not an income producing property, but is the primary residence of the Petitioner, a senior citizen himself. 11. On April 29, 2009, the Estate obtained an appraisal of the real estate which yielded a "forced sale" valuation of the Decedent's one-half interest in the property to be Thirty Thousand Dollars ($30,000.00) and that appraisal and value was included in the Insolvent Inheritance Tax Return filed in this matter on May 20, 2009 which is incorporated herein by reference. (A copy of the Appraisal Performed by Reynold R. Woof, Jr., Certified Appraiser, is attached as Exhibit "D") 12. The appraisal certifies that the price of $30,000.00 offered by the Petitioner for the purchase of the one-half interest in the distressed property to be at least equal to the price that could be obtained pursuant to a forced sale of the property given the current condition and cost and expense to sell the one-half interest in the property. 13. Petitioner desires to purchase the one-half remaining real estate in his individual capacity and, as such, entered into an Agreement of Sale as reflected in Exhibit "E" attached. 14. In addition to the Petitioner, the parties in interest are the surviving nieces and nephews of the Decedent who are identified in Paragraph 3, supra, all of whom are sui juris. 15. On May 19, 2009, the Department of Public Welfare, Estate Recovery Program was advised of the proposed sale to the Petitioner based upon the Appraisal of the property and DPW indicated no objection to the sale given the fact that DPW's Statement of Claim Summary is in excess of $302,598.38 and, except for the costs of administration of the estate, DPW will receive the bulk of net residual amount of this estate. (See Attached Exhibit "F" and "G") 16. There are no mortgages or other known liens of record, delinquent taxes, water or sewer rents or judgments against the real estate. 17. The only "asset" of the Estate of the Decedent is the one-half interest in the said real estate; however, Petitioner, in his individual capacity, will not undertake any repairs or improvements to the property unless and until Petitioner is the sole owner of the entire property and, as such, the property will continue to waste and the Estate has no liquid assets to undertake the significant cost and expense relating the to necessary repairs to the property and the upgrade of the antiquated and unsafe electrical service at the property. 18. No judge of this Honorable Court has previously been associated with these proceedings except for the Honorable Kevin A. Hess per the Guardianship proceedings whereby the Petitioner was appointed Plenary Guardian of the Decedent, his brother herein. WHEREFORE, Petitioner requests that the Court issue a final decree granting leave to Petitioner, Kenneth E. Wilson, in his individual capacity, to purchase the Decedent's undivided, one-half interest in the property known as 429 Hogestown Road, Silver Spring Township, Cumberland County, Pennsylvania for the purchase price of $30,000.00 per the terms of conditions as identified in the Agreement of Sale, dated May 19, 2009 and further directing the Petitioner, as the Administrator of the Estate of the Decedent to execute the necessary and required documents to conclude the said sale, including executing an appropriate Deed to convey such interest. Dated: Q! ` ~ytr-~~e- C~ r~ v Respectfully Submitted: COYNE & COYNE, P.C. r B ~ ~ _...,. ~.~md--- Y L~ a Marie Coyne, Esq. ~,..,__..-3901 Market Street Camp Hill, PA 17011-4227 (717)737-0464 Attorney for Estate COYNE & COYNE, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Henry F. Coyne 3901 Market Street Lisa Marie Coyne Camp Hill, Pennsylvania John W. Carter 17011-4227 Apri13, 2009 Mr. Kenneth E. Wilson Ms. Donna M. Robinson 429 Hogestown Road 6504 Devonshire Heights Road Mechanicsburg, PA 17050 Harrisburg, PA 17111 Mr. Norman R. Stoner Mr. Jeff Potteiger 110 Turtle Ridge Road 5880 Mimosa Street Shermans Dale, PA 17090 Harrisburg, PA 17112 Ms. Margaret E. Evans Mr. Edward Potteiger 63 Santa Monica Avenue 2120 Sauers Road Carlisle, PA 17015 Harrisburg, PA 17110 Mr. Kenneth E. Stoner Ms. Brenda K. Traister #1 Sunset Circle 183 Run Valley Road Mechanicsburg, PA 17055 Conestoga, PA 17516 Mr. Earl T. Wilson, II Mr. Vaughn Potteiger 711 Barbara Street 6003 Jacobs Avenue New Cumberland, PA 17070 Harrisburg, PA 17112 Ms. Barbara A. Bottiglier Mr. Steve Potteiger 1771 Miller Road 1177 Powells Valley Road Dauphin, PA 17018 Halifax, PA 17032 Re: Estate of William C. Wilson, Deceased No. 21-09-0271 Dear Folks: (717) 737-0464 Facsimile (717) 737-5161 Enclosed is a Notice of Beneficial Interest which we are required to forward in accordance with state and local Orphans' Court Rules. We must certify to the Cumberland County Register of Wills that notice has been provided to all parties who have a beneficial interest in the Estate. In this Estate; however, it is unlikely that there will be any residual estate to distribute because the Department of Public Welfare has a total claim in excess of $300,000 which represents the payments for nursing home care for your late Uncle. In any event, I am required to provide this notice. If you have any questions, please contact me. In the event there is a residual estate to distribute to you at the conclusion of the estate, I ask that each of you complete and return to me the enclosed information sheet at your earliest convenience If you have any comments or questions, please contact me. Very truly yours, O~ &b CQY~TE,~,.C. _ ,~ ~ ./ saieoyne ~ LMC/amd Enclosure ,r~, b ~ ~ `i~I ' 1',ns.~.nr.gs,cn T, n ~ ....vi Ur "qA 2. l~,l ~ S3 FEE rr1.IPLE -PENNA. DEED Tha PI~nkMom Co., wall. pw1 1f<(1, ` ~~ " `~ +:nd ~ t. ~.Y_ ~ ~~ °~ oa l f xAves, J t Monday, MADE the 24th day of E>~~rY In the year nineteen hundred and rtirlsty--fan' DETWEEN / (,%• WITr Txa C- WII91J, E~ortor of the FState of Ihrl wll~,, tarty ~ tie first part, _- /,. .- MD UM1 C. WIL9S1 and I~Bi E. WII.3N, iarties ~ ;, / co _ c -.. - ~ -_._..______-_-_.____.. _..__.__. ~ al ° ri N l CU -~ ~ ~ ~, ~~ -~,; -~ N 'i QJ y 3~ of the second port, W[TNESSETIi, That said party of the First part, for and in consideration of the sum of me ($1.00) Dollars, lawful money of the United States of America, well grid n~dy pnld'by the said part ies o[ tho second pert to the said pert y of the First part, at. and ~efore tba sealing and delivery of these presents, the receipt wbereof Is hereby arJaoowledgecl, ~-. granted, bargained, sold, aliened, enfeoQed, released, conveyed end conftmted, and by these presenb do es grant, bargain, sell, alien, enfeoQ, release, convey end conErrn unto tba said pert ins ~ of the second part, their heirs and assigns. ALL '6M17' ~tIAW tract of lad sitrata] in Silver Sprir'g 7b~srstup, CUlLierlad Oanty, lm>rsylvania, ' nore partiarlarly hared and d~aiha3 as fol3ws, to t+it: B>UINJII~G at a point in the Ater of a putil.ic rwd ]~diry frva the Villa3e of ltc~;taxl to tiR Hiu~t of td3derric.5rin:g, lotaat as the t'Exiani~,tircg~fx3estasr itsd, mid point hairy 350 feet n®snea sarYisardly Fran tie soutirm side of a pnhiic twrddp road; there slay ]ads row ~ foraerly of Flair R. Wet arcl Fielei L. Fiat, his wife, s~vth 77 deyi~eas 15 ndrutes west three hudra3 tcaity-tire (325) feet to lads row or fccnaly of imy CiGhl; thaw slay ]ads rnr or fottmrly of 12<ry Dielil. south 20 d3geas 15 ndnrtes east ale hrdred Forty (140) f~l; to lads resr cr frxlmrly of Jcfst S. Fhitrlerl; blare sing lards rraa or fornPrly of Join S. Wdhlerl; tl~alaa slay lauls naa or fa:tlerly of Jdn 5. Wutrlsn rorth 77 da~~eas 15 rtdrrrtas ®st three Irirlred tzstty-fiee (325) feet to t}e salter of the Af~d~enicslaug-li~gmy,an R~sd; tlr3rn story t1r center of Ute t~kslanic=?zarg- flx~stom E~ rrrtlt 28 da3rroes 15 n¢nrta; tint ale hlydred forty (140) feet in the plate of EB31NJiT>;. 133virg t}rrem etEr..tal a ale and ale-lalf stz;ry cvnete hlodcard slum dae7lirg false. I£IFG the sate pxanisas wtridr Ibynad P. 9r~rPr', et al, by c>~1 datsl Alril 25th, 19x7 and ranrdad in the office: of the f~mrcpr of Ik~ds in and for Clrlilerlarcl Carlly in Dse9 Back 'Tf', Volute 13, ~ 289, 9ralted and mncryad Into Iat~r B. hti.ller and I~1.lie E. Mi]]a, his wife, tke grantrrrs h..rein. This trance-+-im is apt frvn rta31 esiate transfer ta>~s vt fist Ue trarsactiat is hetwoat a Eatier arcl his srs and tie [z<grrty is hairy transferral try will. e~c,; 1C1~1 ~'nfC 534 ~'X~i~ ~~ ~ y~ , TOCIsTlllsll with nil and singular the Tenements, bercdilnmenls and uppurlenunces r.. Ibe some be- longing, or i^ anywise appertaining, uod tha reversion and reversions, remainder and rcr.minders, rents, issues and profits thereof; AND ALSO Idl the estole, right, fide, interest, property, claim and demand whatsoever, both in Inw uod equity, uF the snid port y of the first port, uf, In, to or out of We sold prey miles, and every port uod parcel WerooL __ TO IIAVIs AND TO IiOLD We said premises, wild all and shrguhlr fbe nppurtenonces, unto the snid part 1~ of the second part, t1PlY heirs and assigns, to and for the only proper use and bebouF u( said port ies of We second port, Unir heirs uod assigns forever. AND Ure snid L~rty of the first; Fart, for hlneel.f, his heirs, executors, and admirilstrntors, do Es by these presents, covenuut, grant end agree to and wild We said partite of the second pert, their heirs and ussigos, Wat he We sold Flsrty of the first Fart, Ms heirs, all and singular thu hcrcditomer;a '.:.d premises herein above described and granted, or meolfoned and intmrded so to he, wild the uppurtcnances unto tha said port ies of We secou! part, heirs and ussigos, against tha sold pwt~ y. of We first port and his heirs, nod r:guinst all and every older person ur persons, whonuoevcr, lawfully claiming or to claim tho sanro or any purl thereof, shall and will, by Wesa preseots, WAl11iANT AND pO11GVL'R DI'sF:ND. IN 1V[TNIiSS WIIGii):Of, the sold purl y of We first port he s hereuoto set his bond and teal ,the dny and year first written above. w~ t NED, SEALED AND DEtJVEIIED w n:~rn errs ~p / B ~ /. ,//~ ~....~-..... Luc ............................ . ~r/,~~Ca~c: r,-~....~... -... ~( ./, c.~C•c2a?",'.? (SEAL ) .................. . illiatn C. Wilsrn, I~®tarttr of the TState of Earl Wilsrn ............_ ................................................................... _._..........__................................................................ _....... (SEAL) ................._.._................................~.......................... .........._..........,,.................................,................................. (SEAL) CGIiTIFICATL' OR 11);SIDGNCS 1, hereby certify Wnt the precise residence of tho grantee s /~lerein is us follows 429 Ifx~aslaan [dyad, t~•r~rricsizug, R3suytvania 17055 / I~%,J ~. ~ _ . Anemq ;.r.n to O,.olp CUMr.ION\Y(E/A~LTIr OP PriNNSri.VAN1A On Wis, Iho ~~"'~~ day ul d~"\~`~'^"X 18~~; befolre me - 1"~~`r`"~ We undersigneJ ufiicer, personally uppelut~l /. 1,JQILI'f~I~ ~ ' 1~Q~JV~ ./ known to mo (or mlfsfnclordy proven) ~lo.be the ~~lf//r•••,rs~o• `a^-1 whoso namaM~U JJJ -[_ subscribed to Wa wiWin ilutnmtent, and nckrmwledged Wat . ~ esecuted We same for Wa purpose therein IN N'I'ITESS WIIliREOC, 1 hove hereunto set my Iwnd mrd a(\ry~,!~~t`3~n'~j•~•, ^,'-, tJcAa~t~15(el ~ edJei-J` r s ~ . AAmmyy Er asV. rrv.•~ r.,htc ................. .. ... .......... .~ V MedanicdArg Oao, Cunlxa6u-1 Courty '~r7 '.~~ r '~ Mr c.d.,,u.~aa E.pns MY('.cittrJ.ssion Up4as Jan. 25. I:Y3? ~~. (L. .....r~'~~ ,~'' (t' . c~~ jrh~~~\~a ,/~~l,,Vyl { ~~ , eats X04 race 535 ,,,~~~ ,.i„~~~:' xrv NF rx II I nt ~ ~ ,t RECORDER'S USE ONIY vw Fol REALTY TRANSFER TAX COMMONWFAUII OF FFNN6YlVAN1A STATEMENT OF VALUE e .m rr G ~- OEIAPiMEN( Ol 6FVFNUE v6e - 6UREAU Of INDIVIDUAL IA%Ffi DEP(. ]6040] Dai. Rtrer . MARRIAURG, PA VIZF 060] See Reverse For Instructions ~.0 L Compleia each se<Ron and lile in duplicate with Recorder al Deeds when (1) the lull vDluelconsiderDlion is nol sal lorih in the d6sd, (2~ when Iha deed is wilhoul mnsiderotian, or by gih, or'3~ a lax axsmpiion 6 claimed. A Slmamsnl of Value i. not required it the Ironsler is wholly exampl Iron lox based on: (t~ family relationship or ~Z public mility sasameoE. I( mare space is needed, oua<h oddil(onol sheel~s~. ___- IYh\h~ ~. i.r.pnon. NUmD.n Sncel Ada c l{~~ ~\ Z A Code l ~ /~ I ~ 9.5- -77421 CDy Slols Zip Cod. y ~I f~ E. ~ A1E 1 ST. I--IG-cJl+Yta~c.s6c1 2~ ~A 17055 L 1 Dol. o Atteelvnte a Detvmtnl csonlogrltbuorpl Ex EC~TO2 sp TIkE C's lr.1l.C1,l.n, t~ICsoa~E~ c-HQ.. yJTC.s r1 Gmmapl lss6ehl s,Jl~~t.t.., C. ~l,..se~ -l- kc~.,Ner~l E. c~1~5~ A d addr.,' ( yZ4 I~oc~s~,~ '(Zap , Strol Ad r. ~1z9 ~-b~t~~„E~ ~~,~ CIIY $lale thn~.tT«s ~2G ~A ... e ' Zip Ce • rlDSS CIIY $lale Zip Co e G`t,ltZt7.kc.S a~ ar; Pa 17n5 Such Address ~Zal ~-}oVC-SmJ~ oFko Cily, Townrhip, eerough PI~Ec..W~.dtcsB~.tV 151~JC-f~ SP2,nIV Covnly Schoo Dindct Tox Persil Number J A-t fS G-dC~.fi^ID 1 • I , CV M pfiQLYF iJ~ V G-'F I. Aau I Cmh Conddcrmion - Z. Osher Comidomlon 7. Tool, ddermion Co ly Arrnsed Ve ue SU OoO DO 5. Common Lcvcl Rollo FaAor _ ~ e. Markel Vo sic ~i , X .JOrd CO. Gb c • 1 T` la. Amounl of Exempllon Cleimcd Ib. Pcrccnlogc of Inlcrerl Conveyed ~~-.: t'' Z. Check ApproprlaN Box Below for Exempllon Claimed ~RI or imsioie meeewon - A o r ~ le_Snr~ _ q~7 ~ ~- I `- Qq3 (Nerve a Otrt .ni--T ~ ---- ^ IErieie fil. Num .,I Tronder Io Induprial Dev.lopmsnl Agency. ^ Translar to a Irvsl. ~AIIa<h complete copy of Irvsl agrsemenl idenlilying all beneliciaries.~ ^ Transfer between principal and again. ~AUach complela copy of ogancylslraw parry agreamem.~ ^ Tramfer. to the Commonw.ohh, Iha Uah.d Sloies and Instrumemalhies by gill, d.dicoiion, condemnolion or m lieu of cond.m mi ~If <ondsmnaiion or in lieu of <ondemnoGon, auach copy of raoludon.~ n on. ^ Transfer from mortgagor Io o holder o(a mortgage In default. Mortgage Book Number , Poga Number ^ Corrective or conlirmatory deed. ~AUa<h wmplete copy of the prior deed being correned or mngrmed.) ^ Slotntory corporate consolidation, merger or dids(on. (Attach copy o1 aNider.) ^ Other ~Plaase explain exampgon daimsd, i( other Ikon lined above. Under penal fu of law, 1 d.dore that I hov..xomined thl. Aal.menl, Including a«ompanying In(ormanon, and to d,e bat of my knowledge and belief, E IE by eel rI mplcl.. 6lanalun CerrcrP•n cnl a R. le~~lc P Da FAILUR TO COMPLETE THIS FORM PRO E LY OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT IN~~ IC RDE~ ~USAL TO RECORD THE DEED. BCGK j:QQ iACE t5a3G ~«'Re LAW OFFICES OF STEPHEN J. NOGG 19 S. HANOVER STREET SUITE 101 ('ART TRT F PA 1713 IN RE: WILLIAM C. WILSON :COURT OF COMMON` PLEAS ALLEGED INCAPACITATED : OF CUMBERLAND COUNTY PERSON :PENNSYLVANIA ORPHAN COURT DIVISION . oK ~ e~ '' ~, NO. c~"~ V' ORDER AND NOW, this 8' day of Noy~..6~ , 2004, it is ordered and decreed that William C. Wilson is found to be incapacitated under Pa. Statute 20 Pa. C.S. §5501 et seq. Kenneth E. P/Gr,e~.~r ~aa~.d~Z-- Wilson is appointed of his Estate and of his Person. ~!~ J. I"tt~E COF~ i"I~OF~i FECOt~Q !n ; °stirrrCtrryP ~rrl~eraf, ! hereunto set ley Nand and tha saa.i o. said Court at Cariisie, FA ?'~xig 8t~`day ©fNovern~SL~,.2o0'~ ' ~ - _ Clerk of the Orphans Court Cumberaand Coun . ~~~-~ ._ r ~r ~x~~~~~ C WOOF APPRAISAL GROUP nie rvu. rv i auao APPRAISAL OF ~X ~.;> ~ - y ; j ~ ~ a . % v1 GL.e . ~ mac.... ' "1~?l~ )+ '. ~~~ E t , r,: '~ „x-:. r k' A SINGLE FAMILY RESIDENTIAL HOME LOCATED AT: 429 HOGESTOWN ROAD MECHANICSBURG, PA 17050 CLIENT: COYNE & COYNE P.C. 3901 MARKET STREET CAMP HILL, PA 17011 AS OF: APRIL 29, 2009 BY: REYNOLD R. WOOF, JR. IFAS PA CERTIFIED GENERAL REAL ESTATE APPRAISER 302 SOUTH FRONT STREET, WORMLEYSBURG, PA 17043 ~x~~~~~ WOOF APPRAISAL GROUP Summary Residential Appraisal Report File No. PVT9095 The purpose of this appraisal report is to provide the client with a credible opinion of the defined value of the subject property, given the intended use of the appraisal. Client Name/Intended User COYNE & COYNE P.C. E-mail LISA COYNEANDCOYNE.COM Client Address 3901 MARKET STREET Cit CAMP HILL State PA Zi 17011 Additional Intended Users OWNER'S ATTORNEY COUNTY AND STATE OFFICIALS. Intended Use MARKET VALUE ESTIMATE FOR VALUING A CO OWNED PROPERTY. Pro ert Address 429 HOGESTOWN ROAD C MECHANICSBURG State PA Zi 17050 Owner of Public Record WILLIAM C. WILSON & KENNETH E. WILSON Count CUMBERLAND Le al Descri lion BOOK 104 PAGE 534 Assessor's Parcel # 38-20-1831-040 Tax Year 2009 R.E. Taxes $ 1 199.85 Nei hborhood Name HOGESTOWN ROAD SILVER SPRINGS Ma Reference N/A Census Tract 3240-118.02 Pro ert Ri hts A raised X Fee Sim le Leasehold Other describe M research did X did not reveal an nor sales or transfers of the sub~ect roe for the three ears rior to the effective date of this a raisal. Prior SalelTransfer: Date N/A Price N/A Sources COUNTY Analysis of prior sale or transfer history of [he subject property (and comparable sales, if applicable) Offerings, options and contracts as of the effective date of the appraisal N/A Neighborhood Chsraeteristics One-UnlUiousing Trends One-Unit Housing Present Land USe°'o location Urban X Suburban Rural Pro ert Values Increasin X Stable Declinin PRICE AGE One-Unit 60 % Built-U Over 75% X 25-75% Under 25% Demand/Su I Shorta e X In Balance Over Su I $ 000 rs 2-4 Unit 5 Growth Ra id X Stable Slow Marketin Time X Under 3 mths 3-6 m[hs Over 6 mths 90 Low 25 Multi-Famil % Neighborhood Boundaries THE NEIGHBORHOOD BOUNDARIES CONSIST OF HOMES IN THE AREA 225 Hi h 95 Commercial 5 % COMMONLY KNOWN AS HOGESTOWN ROAD AREA OF SILVER SPRINGS. 140 Pred. 65 Other FARM 30 % Neighborhood Description THE SUBJECT PROPERTY IS LOCATED IN AN ESTABLISHED RESIDENTIAL NEIGHBORHOOD COMP RISED PREDOMINANTLY OF SINGLE FAMILY HOUSES. COMMERCIAL USES LOCATED IN THE SUBJECTS' NEIGHBORHOOD DO NOT HAVE AN ADVERSE EFFECT ON MARKETABILITY. EASY ACCESS TO EMPLOYMENT CENTERS, SCHOOLS, SHOPPING, AND TRANSPORTATION. Market Conditions (including support for the above conclusions) AREA REAL ESTATE MARKET IS CONSIDERED TO BE MODERATELY ACTIVE. LOAN DISCOUNTS INTEREST BUYDOWNS AND OTHER CONCESSIONS ARE NOT TYPICAL IN THIS MARKET.CONVENTIONAL FINANCING IS READILY AVAILABLE. Dimensions 140 X 325 Area 1.04 ACRES Sha a RECTANGULAR View BUSY STREET S ecihcZonin Classification R-1 Zonin Descri lion RESIDENTIAL Zonin Com liance X Le al Le al Nonconformin Grandfathered Use No Zonin Ille al describe Is the highest and best use of the subject property as improved (or as proposed per plans and specifications) the present use? X Yes No If No, describe. Utilities Public Other (describe) Public Other describe) Off-site lm rovemen[s-T e Public Private Electricit X Water X Street MACADAM X Gas Sanitar Sewer X Alle Site Comments HOGESTOWN ROAD IS ALSO KNOWN AS STATE ROUTE 114 AND IS A HEAVILY TRAVELED TWO LANE ROAD. NO APPARENT ADVERSE EASEMENTS OR ENCROACHMENTS NOTED. GENERAL DESCRIPTION FOUNDATION EXTERIOR OESGRIPTtON materials INTERIOR materials Units XOne OnewlACC.urvt Concrete Slab CrawlSace Foundation Walls CONC.BLK/AVE Floors HARDWOOD/AVE # of Stories 1 Full Basement X Partial Basement Exterior Walls STUCCO/BEL AVE Walls SEE COMMENTS T e X Det. Att. S-De[.IEnd Unit Basement Area 552 s . ft. Roof Surface FIBERGL.SH./AVE TrimlFinish PINE/AVERAGE X Existin Pro osed Under Const. Basement Finish 0 % Gutters & Downs outs ALUMINUM/AVE Bath Floor ASP.TILE/FAIR Desi n St le EXPANDABLE RANCH X Outside Enb /Exit X Sum Pum WindowT e VINYL D.H./GOOD Bath Wainscot PLASTIC TILE/AVE Year Built 1937 DAMPNESS IN BASEMENT Storm Sashllnsulated INSULATED Car Stora a None Effective A e Yrs 30 Screens HALF SCREENS X Drivewa # of Cars 1 Atdc None Heatin X FWA HW Radian[ Amenities WoodStove s # Drivewa Surface MACADAM X Dro Stair Stairs Other Fuel OIL Fire laces # Fence Gara e # of Cars X Floor Scuttle Coolin Cenral Air Conditionin PatiolDeck Porch Car ort # of Cars Finished Healed Individual Other Pool X Other TERRACE Att. Det. Built-in A liances Refri erator X Ran a/Oven Dishwasher Dis osal Microwave Washer/D er Other describe Finished area above rode contains: 5 Rooms 2 Bedrooms 1 Bath 5 816 S uare Feet of Gross Livin Area Above Grade Additional Features REPLACEMENT THERMOPANE WINDOWS AND UPDATED FURNACE. Comments on the Improvements SEE ATTACHED ADDENDUM ~~.~rn ... PfWU~Po. ~Lng Fl:i sdlwue. Wela<.tl/[I xw~a[rvv~[dn Ibis tdm LOpyngln~lWTeuutl FLl llrvrspndl]e Claims ]m/K¢S.In[.. AG RgNS ReSSVM. Page 1 d 2 (gPAR^') General Purpose Appraisal Rual 1L2008 GPARSU OB 12311008 WOOF APPRAISAL GROUP Summary Residential Appraisal Report File No. PVT9095 FEATURE SUBJECT COMPARABLE SALE N0.1 COMPARABLE SALE N0. 2 COMPARABLE SALE N0.3 429 HOGESTOWN ROAD Address MECHANICSBURG 9 VILLAGE ROAD MECHANICSBURG 25 MAPLE DRIVE MECHANICSBURG 12 POPLAR DRIVE MECHANICSBURG Proximi to Sub~ec[ 0.93 MILES N 1.27 MILES NE 1.19 MILES NNE Sale Price $ 4 150,000 $ 129,900 $ 134,000 Sale Pdce/Gross Uv. Area $ 0.00 s R S 138.89 s . ft, $ 156.13 s . ft. $ 120.40 s . ft. Data Sources MULTI-LIST SERVICE MULTI-LIST SERVICE MULTI-LIST SERVICE Verification Sources COUNTY DATABAN K COUNTY DATABA NK COUNTY DATABAN K VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION +(-)EAd~oslmed DESCRIPTION +(-)EAd'ushnent DESCRIPTION Sale or Financing Concessions CONVENTIONAL 4 DOM FHA W/HELP 16 DOM -4,562 FHA 36 DOM Date of Sale/Time 02/26/2009 12/16/2008 07/01/2008 Location SUBURBAN SUBURBAN SUBURBAN SUBURBAN LeaseholdlFee Sim le FEE SIMPLE FEE SIMPLE FEE SIMPLE FEE SIMPLE Site 1.04 ACRES 0.53 ACRES +4 000 0.17 ACRES +6 000 0.23 ACRES +5 500 View BUSY STREET TYPICAL -15000 PARK -13000 TYPICAL -13,400 Desi n SI le RANCH RANCH RANCH RANCH Qualit of Construction AVERAGE AVERAGE AVERAGE AVERAGE Actual A e 72 57 55 55 Condition AVERAG E AVERAGE AVERAGE AVERAGE Above Gmde Total Bdrms Baths Total adrms aaths Tdal 9drms. 9aths Total BMms Badly Room Count 5 2 1 5 3 1 5 2 1 5 2 1 Gross Livi Area 816 s . ft. 1,060 s . ft. -10600 832 s . ft. -G00 1 113 s . ft. -11 900 Basement & Finished Rooms Below Grade PART BASEMENT UNFINISHED FULL BASEMENT UNFINISHED -2,000 FULL BASEMENT DEN -2,000 -1,500 PART BASEMENT UNFINISHED FunctionalUtili AVERAGE AVERAGE AVERAGE AVERAGE Heatin ICoolin FHA/NONE FHA/CA -3000 BBHW/NONE FHA/CA -3000 Ener Efficientltems THERMOPANES THERMOPANES THERMOPANES THERMOPANES Gara a/Car ort OFF STREET 2 ATT. GARAGE -12 000 CARPORT -3 500 OFF STREET PorchlPatiolDeck TERRACE ENC'D PORCH -2,500 REAR PORCH -1 500 PATIO FIREPLACE NO FIREPLACE NO FIREPLACE NO FIREPLACE 1 FIREPLACE -3,000 EXTRA'S NONE NONE DECKS -2,000 NONE COST TO CURE $13,540 NONE -13540 NONE -13540 NONE -13540 NetAd~ustment Total + X - $ 54 640 + X - S 36 202 . X - $ 39,340 Adjusted Sale Price of Com arables Net Adj. -36.4% Gross Ad'. 41.8% $ 95 360 Net Adj. -27.9% Gross A ~. 37.1 % $ 93 698 Net Adj. -29.4% Gross Ad~. 37.6% $ 94 660 Summar of Sales Com arison A roach AFTER THE NEEDED REPAIRS ARE COMPLETED, THE APPRAISED PROPERTY WAS CONSIDERED TO BE IN A SIMILAR CONDITION TO THE THREE COMPARABLE SALE. NONE OF THE COMPARABLE SALE WERE LOCATED ON A BUSY STATE ROUTE AND ADJUSTMENTS WERE REQUIRED. THE VIEW ADJUSTMENT WAS BASED ON HISTORIC MARKET DATA OF HOGESTOWN ROAD PROPERTIES COMPARED TO TYPICAL SUBURBAN STREET LOCATION HOMES. ALL THREE SALES WERE LOCATED IN SILVER SPRINGS TOWNSHIP. MARKET DATA OF CLOSED SALES WAS SUFFICIENT TO ARRIVE AT AN OPINION OF VALUE. ALL SALES WERE CLOSED AND CONSIDERED EQUALLY WHEN ARRIVING AT MARKET VALUE. COSTAPPROACH TO VALUE Site Value Comments THE COST APPROACH WAS CONSIDERED NOT APPLICABLE DUE TO THE AGE OF THE PROPERTY. ESTIMATED REPRODUCTION OR REPLACEMENT COST NEW OPINION OF SITE VALUE ................. .. .. .... .... .. .. .. ....._ $ Source of cost data Dwellin 816 S . Ft. Cd $ ............ _ $ 0 Qualit radn from cos[ service Efrecdve date of cost data BSMT: 552 SOFT. S . Ft. @ $ ............ _ $ 0 Comments on Cost A roach rosy livin area calculations, de reciation, etc. Gara a/Car ort 0 S . Ft. @ $ ............ _ $ 0 Total Estimate of Cost-New ............ _ $ 0 • Less Ph sical Functional External De reciation = $ 0 De recia[ed Cost of lm rovements ................................ _ $ 0 "As-is" Value o(Site Im rovements ........................... ... _ $ INDICATED VALUE BY COST APPROACH ...................... _ $ 0 INCOME APPROACH TO VALUE Estimated Monthl Market Rent S N/A X Gross Rent Multi tier N/A = $ N/A Indicated Value b Income A roach Summary of Income Approach (including support for market rent and GRM) THE INCOME APPROACH WAS CONSIDERED NOT APPLICABLE DUE TO LIMITED RENTAL UNIT SALES. Methods and techni ues em to ed: X Sales Com arisonA roach Cos[A roach IncomeA roach Other: Discussion of methods and techniques employed, including reason for excluding an approach to value: SEE RECONCILIATION COMMENTS. THE PROPERTY IS CO-OWNED. IF A FORCED SALE WAS REQUIRED TO SETTLE ANY OUTSTANDING DEBT OF A CO-OWNER, TWO FACTORS NEED TO BE CONSIDERED, THE MARKETING COST AND A FORCED SALE ADJUSTMENT. THE MARKETING, OR SELLING COST TYPICALLY RUN 11 % FOR THIS PRICE RANGE HOME. A FORCED SALE FACTOR BASED ON INVESTOR PURCHASED HOME SALES IS INDICATED AT 25%. THEREFORE, A $94,000 HOME WOULD HAVE A FORCED SALE CASH VALUE OF $60,000, $94,400 X 0.64 ROUNDED .THE $60,000 NET CASH VALUE DIVIDED BETWEEN BOTH CO-OWNERS WOULD EQUATE TO CASH VALUE OF $30,000 TO EACH OWNER. Reconciliation comments: ALL THREE APPROACHES TO VALUE WERE CONSIDERED. HOWEVER MARKET AREA LACKS AN ADEQUATE NUMBER OF RENTAL SALES TO USE THE INCOME APPROACH. MOST WEIGHT WAS PLACED ON THE MARKET DATA APPROACH DUE TO THE COST APPROACH BEING CONSIDERED NOT APPLICABLE DUE TO THE AGE OF THE PROPERTY. Based on [he scope of work, assumptions, I imi[ing conditions and appraiser's certification, my (our) opinion of [he defined value of the real property [ha[ is [he subject of this report as of 04/29/2009 ,which isthe effective date of [his appraisal, is: ^X Single point $ 94,000 Range $ to $ ^ Greater than ^ Less than $ This appraisal is made X "as is," subject to completion per plans and specifications on the basis of a hypothetical condition that [he improvements have been completed. ^ subject to the following repairs or alterations on the basis of a hypothetical condition [hat the repairs or alterations have been completed ^ subject to [he following: APPRAISED "AS-IS". FeoOU[ed using qq wlM~are. 00e234.0]l)xww.aciveb.cmm This lam COpylight~20a5-2000 qCl plvlsion d190Cla ms Serv ces lrc.. All RgMS Reselvetl. ~~ae Page2d2 (gPAR^')General Purpose Appra¢al Reoat 12/2009 GPgRSU OB 122iZ1p0 Woof Appraisal Group ADDENDUM Client: COYNE & COYNE P.C. File No.: PVT9095 Property Address: 429 HOGESTOWN ROAD Case No.: City: MECHANICSBURG State: PA Zip: 17050 STATEMENT OF ADDITIONAL LIMITING CONDITIONS AND ASSUMPTIONS THIS APPRAISAL REPORT HAS BEEN PERFORMED FOR THE CLIENT INDICATED IN THE PRECEDING, WITH WHOM PROFESSIONAL STANDARDS REQUIRES ME TO MAINTAIN A STRICT REQUIREMENT OF CONFIDENTIALITY. I, BY REASON OF THIS REPORT, AM NOT REQUIRED TO GIVE TESTIMONY IN COURT WITH REFERENCE TO THIS APPRAISAL. IF ANYONE WISHES MY APPEARANCE, IT CAN BE ARRANGED ONLY BY PRIOR ARRANGEMENT BEING MADE WITH ME. SUCH APPEARANCES SHALL BE MADE AS AN EXPERT WITNESS AND THE FEE FOR SUCH APPEARANCES SHALL BE AT THE RATE OF $125/HOUR PORTAL TO PORTAL, PLUS ANY REASONABLE COST INCURRED BY ME. PURPOSE: THE PURPOSE OF THIS APPRAISAL IS TO ESTIMATE THE MARKET VALUE OF THE FEE SIMPLE INTEREST IN THE TITLE OF THE PROPERTY. SIGNATURE: THE ELECTRONIC SIGNATURE USED IN THIS REPORT ARE PROTECTED BY THE APPRAISER AND ONLY THE APPRAISER HAS COMPLETE CONTROL OF THE SIGNATURE. ADDITIONAL CERTIFICATION: THE INTENDED USER OF THIS APPRAISAL REPORT IS THE LENDER/CLIENT. THE INTENDED USER IS TO EVALUATE THE PROPERTY THAT IS THE SUBJECT OF THIS APPRAISAL FOR AN ESTATE, SUBJECT TO THE STATED SCOPE OF WORK, PURPOSE OF THE APPRAISAL, REPORTING REQUIREMENTS OF THIS APPRAISAL REPORT FORM, AND DEFINITION OF MARKET VALUE. NO ADDITIONAL INTENDED USERS ARE IDENTIFIED BY THE APPRAISER. Quality and Condition of Property THE APPRAISED PROPERTY REQUIRES EXTENSIVE REPAIRS TO PLACE THIS PROPERTY IN AVERAGE CONDITION. THE CEILING PANELS HAVE SEPARATED AND HAVE FALLEN IN ALL ROOMS DUE TO PRIOR ROOF LEAKS. ALL THE CEILING PANELS NEED REMOVED AND REPLACED WITH A NEW DRYWALL CEILING. AFTER INSTALLING THE NEW CEILING THE ATTIC WILL REQUIRE NEW INSULATION. THE ELECTRICAL SERVICE NEEDS UPDATED TO CODE INCLUDING A NEW SERVICE PANEL AND GROUND FAULT CIRCUITS IN THE KITCHEN AND BATH ROOM. THE EXTERIOR STUCCO THIN COAT OVER THE CONCRETE BLOCK EXTERIOR WALLS NEEDS THE REMAINING LOOSE STUCCO SCRAPED, PATCHED, AND PAINTED. THE FRONT GUTTER NEEDS REPAIRED AND THE DOWNSPOUTS NEED REDIRECTED AWAY FROM THE FOUNDATION IN AN ATTEMPT TO STOP WATER SEEPAGE INTO THE BASEMENT. PLASTIC WALL TILES NEED REMOVED FROM THE KITCHEN AND BATH ROOM WALLS AND NEW WAINSCOTING NEEDS INSTALLED. THE BATH ROOM FLOOR NEEDS A NEW VINYL FLOOR. BASED ON THE "HOME REPAIR AND REMODEL COST GUIDE" PUBLISHED BY MARSHALL & SWIFT, THE ESTIMATED COST TO CURE THESE ISSUES NEEDED TO PLACE THIS PROPERTY IN AVERAGE CONDITION IS INDICATED AT $13,540. AFTER THESE REPAIRS, THE APPRAISED PROPERTY WILL BE IN AVERAGE CONDITION WITH AN OUTDATED KITCHEN. NO FUNCTIONAL INADEQUACIES NOTED. EXTERNAL OBSOLESCENCE DUE TO THE BUSY STREET LOCATION. Addendm P2ge 1 of t File No. pyTg095 Scope of Work, Assumptions and Limiting Conditions Scope of work is defined in the Uniform Standards of Professional Appraisal Practice as "the type and extent of research and analyses in an assignment." In short scope of work is simply what the appraiser did and didno[doduringthecourseoftheassignment. It includes,bu[isno[ limited to: theextenttowhichthepropertyisidentifiedandinspected, the[ypeandex[entofdataresearched, the type and extentofanalysesapplied to arrive at opinions or conclusions. The scope of this appraisal and ensuing discussion in this report are specific to the needs of the client, other identified intended users and [o the intended use of [he report. This report was preparedforthesoleandexclusiveuseoftheclientandotheridentifiedintendedusersfortheidentified intended use and its use by any other parties is prohibited. The appraiser is not responsible for unauthorized use of the report. The appraiser's certification appearing in [his appraisal report is subject [o [he following conditions and to such other specific conditions as are set forth by the appraiser in the report. All extraordinary assumptions and hypothetical conditions are stated inthe report and might have affected [he assignment results. 1. The appraiser assumes no responsibility for matters of a legal nature affecting the property appraised or title thereto, nor does the appraiser render any opinion as to the title, which is assumed [o be good and marketable. The property is appraised as though under responsible ownership. 2. Any sketch in this report may show approximate dimensions and is included only to assist the reader in visualizing the property. The appraiser has made no survey of the property. 3. The appraiser is not required to eve testlmony or appear in court because of having made the appraisal with reference to the property in question, unless arrangements have been previously made thereto. 4. Neither all, nor any part of the content of [his report, copy or other media thereof (including conclusions as to the property value, the identity of the appraiser, professional designations, or the firm with which the appraiser is connected), shall be used For any purposes by anyone but the client and other intended users as identified in this report, nor shall a be conveyed by anyone to the public through advertising, public relations, news, sales, or other media, without [he written consent of the appraiser. 5. The appraiser will not disclose the contents of this appraisal report unless required by applicahle law or as specified in the Uniform Standards of Professional Appraisal Practice. 6, Information, estimates, and opinions furnished to the appraiser, and contained in [he report, were obtained from sources considered reliable and believed to be true and correct. However, no responsibility for accuracy of such items furnished to the appraiser is assumed 6y the appraiser. 1, The appraiser assumes that there are no hidden or unapparent conditions of the property, subsoil, or sVUCtures, which would render it more or less valuable. The appraiser assumes no responsibility for such conditions, or for engineering or testing, which might be required [o discover such factors. This appraisal is no[ an environmental assessment of the property and should not be considered as such. 8. The appraiser specializes in the valuation of real property and is not a home inspector, building conbactor, svuctural engineer, or similar expert, unless otherwise noted. The appraiser did not conduct the intensive type of field observations of the kind intended to seek and discover property defects. The viewing of the property and any improvements is for purposes of developing an opinion of the defined value of the property, given the intended use of this assignment. Statements regarding condition are based on surface observatlons only. The appraiser claims no special expertise regarding issues including, but not limited to: foundation setdemern, basement moisture problems, wood desVOying (or other) insects, pest infestation, radon gas, lead based paint, mold or environmental issues. Unless otherwise indicated, mechanical systems were not aaivated or tested. This appraisal report should not be used to disclose the condition of the property as it relates to the presencelabsence of defects. The client is invited and encouraged to employ qualified experts to inspea and address areas of concern. If negafive conditions are discovered, the opinion of value maybe affected. Unless otherwise noted, the appra iser assumes the components that constitute the subject property improvement(s) are fundaments Ily sound and in working order. Any viewing of the property by the appraiser was limited to readily observable areas. Unless otherwise noted, attics and crawl space areas were not accessed. The appraiser did not move furniture, floor coverings or other items that may resViQ the viewing of the property. 9. Appraisals involving hypothetical conditions related to completion of new construction, repairs or alteration are based on the assumptlon that such completion, alteration or repairs will be competently performed. 10. Unless [he intended use of this appraisal specifically includes issues of property insurance coverage, this appraisal should not be used for such purposes. Reproduction or Replacement cost figures used in U1e cost approach are for valuation purposes only, given the intended use of the assignment. The Definition of Value used in this assignment is unlikely to be consistent with the definition of Insurable Value For property insurance coverage/use. 11. The ACl General Purpose Appraisal Report(GPAR"")is no[in[ended for use in transactionsthat requires Fannie Mae 1004/Freddie Mac 70 form, also known as the Uniform Residential Appraisal Report (URAR). Additional Comments Related To Scope Of Work, Assumptions and Limiting Conditions Pmtlucs.0 using ACl soltvare. 900.2140)27 whw.aciweb cqn Thislam COpyrgM^2005-2008 ACI Oivisi0nd150 Claims Servkes.lnc.. All RgMS ResHVed. ^ ~~~~ ~ rage I a [ tyYAR" 14enL al Ywpose Appra3al R¢pM 1212005 fL~/(~..~^ GPARLIM 0508112008 SUBJECT PROPERTY PHOTO ADDENDUM Cllefl[: COYNE & COYNE P.C. Flle NO.: PVT9095 PfOpefly AddfeSS' 429 HOGESTOWN ROAD Case No.: Clt : MECHANICSBURG Stale: PA ZI :17050 l I (^ N ~J~]~y~tY ~ t• ~ ~Y~y X^ l L ~1 1 „r,_ '~+ ~~: ~'... ~` 1 ,, . ~~ ., s . , ~KS~ ~,~ t~ ~~ _~.r ~.i . _ .:ems,. :'~ µ ~' ~~-~„~, . ,_. .z:~. FRONT VIEW OF SUBJECT PROPERTY Appraised Date: APRIL zs, zoos Appraised Value: $ sa,ooo REARVIEW OF SUBJECT PROPERTY STREET SCENE Client: covNE a covNE P.c. File No.: Pvrsoss PfOperty Add(eS5' 429 HOGESTOWN ROAD Case No.: CI MECHANICSBURG State: PA ZI :17050 *i4: r •.c ~~~ s. ' ~, ~'» 4 ~1 •S'• Y`" q i F ... ~: , fr ar, i~t'i ' ~ `~~ _ i tiI~ ~ ~ ~~~~ t l t •„~ t ~~~`"I. 't ~ Y..;~ s .l,n; i~" ~~~>. .~ ~- ~;, s µ~ j ~ r l ] rv~S ~n.. OUTDATED ORIGINAL KITCHEN. PLASTIC WALL TILES MISSING. CRACKED AND FALLING CEILING PANELS BATH ROOM Cllenf: COYNE & COYNE P. C. Flle NO.: PVT9095 PfOpeRy AddfeSS' 429 HOGESTOWN ROAD Case No.: Clt : MECHANICSBURG $Ia[e: PA ZI .17050 ~ r.*M ~! Ii )r.F xnY ... . T ~ F .~.. ~ ~ ~f.. S i1~.•J~ ~ Y 3 l"~. t S~ -'y ~ 3~y ~f ~5,~. ~~i : r t . r< . ~ y~ x~ :y . ~, ~ .. ~.:. ' ~ ~ ~ ~ 1 ~ ,. „ x' ~d ' ~Rti t'.:t ~ ~ :~f ~~. ~i`» DAMPNESS IN BASEMENT MISSING EXTERIOR STUCCO COAT ON SOUTH SIDE OF HOME STRUCTURAL CRACK AT KITCHEN WINDOW LOCATION MAP CIieOI: COYNE & COYNE P.C. Flle NO.: PVT9095 PfOperty Addfe5S:429 HOGESTOWN ROAD Case No.: Clty: MECHANICSBURG State: PA Zlp: 17050 ~? MapPoini~ ~~s `' r~e~~oa in ~.. ~ ,i. a <: sty ' ,~- `~:, ro.. ~ Girria Ln N+. ~., ~` o _.... ..._ 11 dls(B.Pi&~e Pig 17 ~ Comparable Sale 2 ~ ~tAS1~ m 25 MAPLE GR[VE 52 A MedTanlcsburg, PA 17050-2724 H.~Hm»ir ~ `~. 51.27 MILES NE) .. ~~°`" Silver Spring Township 'S ~ Muni Park ~ .; - .. ' Comparable Sale 3~ 12 POPLAR GROVE Mechanicsburg, RA 17050-2764 •••---~~'""" (1.19 MILES NNE} Comparable Sete 1 ... 9 VILLAGE f'OAD Mechanicsburg, PA 1705Q-2839 (0.93 MILES N} 'I'I A .t cc~ RU i 0 ~~ ~3 Suhlect 429 MO~iESTOWN ROAD Mechanicsburg, PA 17056-3194 ~' ;¢;~1:eI Dr r ~, ,' ~ ~ Circle ^~°, ~ ar ~~ 0.47 mite X3009 Mico59RC9q ®'e00E NOVIEN, and/allele atlaz,lm. AGREEMENT FOR PURCHASE OF REAL ESTATE THIS AGREEMENT made this ~t~ day of , 2009 BETWEEN Kenneth E. Wilson, Administrator of the Estate of the Late William C. Wilson, hereinafter called Seller, and Kenneth E. Wilson, a single man, hereinafter called Buyer, WITNESSETH: 1. Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase ALL THAT CERTAIN One Half (1/2) interest in lot or piece of ground, together with improvements and buildings thereon erected situate: 429 HOGESTOWN ROAD, SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA for the sum of THIRTY THOUSAND DOLLARS ($30,000.00) dollars which shall be paid to the Seller by the Buyer at settlement. 2. Settlement shall be made on or before JUNE 30, 2009. The said time for settlement and all other times referred to for the performance of any of the obligations of this Agreement are hereby agreed to be of the essence of this Agreement. 3. The premises are to be conveyed free and clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER, the following: existing building restrictions, ordinances, easements of roads, privileges or rights of public service companies, if any; or easements or restrictions visible upon the ground. Otherwise the title to the above-described real estate shall be good and marketable or such as will be insured by any reputable Title Insurance Company at the regular rates. In the event that Seller is unable to give a good and marketable title or such as will be insured by any reputable Title Company, subject as aforesaid, Buyer shall have the option of taking such title as the Seller can give without abatement of price or of being repaid all monies paid by Buyer and held in ~~l ~"~ ~ Page 1 of 5 .c~.s ~Xh~~i~!-`' ~'` escrow on account of the purchase price together with such Title Company charges as he may have incurred; and in the latter event there shall be no further liability or obligation on either of the parties hereto and this Agreement shall become null and void. The premium for any special insurance required by Buyer or by any mortgagee against possible mechanics liens shall be paid for by Buyer. If any surveys are necessary or desired, they shall be secured and paid for by the Buyer. Seller covenants and represents that no assessments or notice of assessments for public improvements have been made against the premises which will not be paid in full prior to the time of final settlement. Buyer will be responsible for any payment of assessments or notice of assessments made after the date of this Agreement for any public improvement. 4. Possession is to be delivered by special warranty deed, keys and physical possession at day and time of settlement, or by special warranty deed and assignment of existing lease at time of settlement if premises is tenant occupied at the signing of this Agreement, unless otherwise specified herein. Buyer will acknowledge the existing lease by initialing said lease at time of signing this Agreement of Sale if tenant occupied. 5. Taxes and sewer and trash rental, if any, shall be apportioned pro rata as of the day of settlement, and for the purpose of this provision,. 6. All real estate transfer taxes will be divided equally between Buyer and Seller at settlement. 7. INTENTIONALLY LEFT BLANK. 8. All plumbing, heating and lighting fixtures and systems appurtenant thereto, and forming a part thereof, as well as all ranges, laundry tubs, dishwashers, TV antennas, and other permanent fixtures, together with screens, storm sash and/or doors, shades, awnings, venetian blinds, valances, curtain rods or traverse rods, radiator covers, and all trees, shrubbery and plantings now in or on the property, unless specifically excepted in this Agreement, are to become the property of the Buyer and are included in the purchase price. None of the above-mentioned items shall be removed by ~~~'~ Page 2 of 5 ~~s~ Seller from the premises after the date of this Agreement. Seller hereby warrants that he has good legal title free and clear of any claim and encumbrance to all the articles described in this paragraph. It is further agreed that all fuel oil remaining in the tank at final settlement shall become the property of the Buyer and is included in the purchase price. 9. Any loss or damage to the property caused by fire, or loss commonly covered by the extended coverage endorsement of reputable insurance companies between the date of this Agreement and the time of settlement shall not in any way void or impair any of the conditions and obligations hereof. It is the Buyer's responsibility, at his own cost and expense, to carry such insurance on said premises as he may deem desirable. 10. Should the Buyer fail to make any additional payments as specified in paragraph 1, or violate or fail to fulfill and perform any of the terms or conditions of this Agreement, then and in that case all deposits and other sums paid by the Buyer on account of the purchase price, whether required by this Agreement or not, may be retained by the Seller, either on account of the purchase price, or as liquidated damages for such breach, as the Seller may elect, and in the latter event the Seller shall be released from all liability or obligation and this Agreement shall become null and void. 1 1. It is understood that Buyer has inspected the property and that he has agreed to purchase it as a result of such inspection and not because of or in reliance upon any representation made by Seller or by any agent of Seller and that he has agreed to purchase it in its present condition unless otherwise specified herein. It is further understood that the Seller agrees to maintain the grounds and the improvements and buildings thereon in the same condition as prevails at the time of the signing of this Agreement. This Agreement contains the whole Agreement between the Seller and the Buyer and there are no other terms, obligations, covenants, representations, statements or conditions, oral or otherwise of any kind whatsoever concerning this sale. Any changes or additions to this Agreement must be made in writing and executed by the parties hereto. 12. This Agreement shall not be recorded in the Office for the Recording of Deeds or in any other office or place of public record and if Buyer shall record this Agreement or cause or permit the same to be recorded, Seller may, at its option, elect to treat such Act as a breach of this Agreement. ~~~ ~ Page 3 of 5 ~~ ~~-~-~ 13. This Agreement shall be binding upon the respective heirs, executors, administrators, successors and, to the extent assignable, on the assigns of the parties hereto, it being expressly understood, however, that the Buyer shall not transfer or assign this Agreement without the written consent of the Seller being first had and obtained. This Agreement is to be construed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania. 14. No Realtor has been involved in these negotiations or representations. 15. The descriptive headings used herein are for convenience only and they are not intended to indicate the matter in the sections which follow them. Accordingly, they shall have no effect whatsoever in determining the rights or obligations of the parties. 16. It is understood and agreed hereto that the Buyer, at Buyer's expense, may obtain a termite inspection report covering the subject premises. In the event termite damage or activity is reported, the cost of complete treatment and/or complete repair shall be borne by the Seller. 17. It is further understood and agreed between the parties hereto Buyer is purchasing the property in "AS IS" condition as Buyer has resided in the property as a joint tenant/owner of the property and Seller does not warrant or guarantee any condition of the property to include, the heating or cooling system, appliances' condition, and electric hot water heater, or other mechanicals as well as condition of roof. 18. It is further understood and agreed between the parties hereto that all warranties or guarantees or maintenance contracts in effect at the time of settlement for the equipment mentioned in Paragraph 17 shall be transferred to the Buyer at the time of the settlement. 19. It is understood and agreed and aclmowledged by the Buyer that consent and approval by the Department of Public Welfare may be required prior to sale and transfer of the property and permission of the Orphans' Court Division of the Court of Common Pleas may also be required to approve the sale of this One-half (1 /2) interest in the subject property to the Buyer. It is therefore a specific condition for this Agreement to have those consents and approvals received upon execution of this Agreement. If those ,'_`-'"' Page 4 of 5 ~~ ~~}~.sr.~4J consents and approvals are not achieved, then this Agreement of Sale is Null and Void. IN WITNESS WHEREOF, the individual parties hereto have hereunto set their hands and seals, and the corporate parties hereto have caused these presents to be executed and the corporate seal to be attached by their proper officers thereunto duly authorized, the day and year first above written. ESTATE OF WILLIAM C. WILSON l_ i ess By. Kenneth E. Wilson, Admin (SELLER) 1,:._ i ess ~~'~~ ~ ~ -~ Kenneth E. Wilson-- BUYER ~~--L-^'~-/ Page 5 of 5 / ) ~~`~ C OYNE & C OYNE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Henry F. Coyne Lisa Marie Coyne John W. Carter 3901 Market Street Camp Hill, Pennsylvania 17011-4227 717-737-0464 Fax: 717-737-5161 May 19, 2009 Ms. Kelly J. Chestnut TPL Program Investigator Estate Recovery Program P.O. Box 8486 Harrisburg, PA 17105-8486 Dear Ms. Chestnut: Re: Estate of William C. Wilson, Deceased No. 21-09-0271 We represent the Estate of the Late William C. Wilson. Mr. Wilson died, intestate, on January 5, 2009. His estate was opened upon petition of his only living sibling, Mr. Kenneth E. Wilson. Enclosed please find copies of the following documents: 1. Letters of Administration; 2. Copy of Appraisal for Real Estate co-owned by decedent and Ken Wilson. Appraised value for entire property, per forced sale is $60,000 with the decedent's share valued at $30,000; 3. Copy of Agreement of Sale for Ken Wilson to purchase the decedent's share of the real estate where Ken Wilson resides. Ken agrees to purchase the property for $30,000, as a cash purchase; 4. Copy of Ken Wilson's claim for % costs of the required repairs for the house to include new windows and replacing the water heater; and 5. Copy of the Inheritance Tax Return filed this date. Given the large DPW claim, the estate is insolvent for inheritance tax returns. The only asset of any limited value is the one-half (1/2) interest in the Hogestown Road real estate owned by the brothers. The house is in very poor condition and currently is not insurable because of the condition of the electrical service. The best option for the Estate is fora "quick" sale of the one-half interest to the Brother who resides at the home. The forced sale valuation of $30,000.00 is supported by the attached appraisal. Kindly review the enclosed documents. Upon DPW's approval of the sale price, Court Approval for the Sale will be sought with an intended settlement no later June 30, 2009. Your prompt attention in this regard is requested. Thank you in advance for your assistance. Very truly yours, LMC/amd Enclosures Cc: Kenneth E. Wilson, Administrator COYNE & COYNE, P.C. r ~~~ ~~ ~vlane Coyne ,~ ~ 4 ~x ~~~~ ~ ~ ~- i COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE BUREAU OF FINANCIAL OPERATIONS TPL SECTION -CASUALTY UNIT PO BOX 8486 - HARRISBURG PA 17105-8486 March 12, 2009 STATEMENT OF CLAIM SUMMARY NAME I Estate of WILSON, WILLIAM I D I 680 160 930 MEDICAL CLASS :; GL,vSSS 1 TOTAL INPATIENT .00 992.00 992.00 OUTPATIENT .67 208.48 209.15 LONG TERM CARE 32,170.64 254,551.70 286,722.34 DRUG .00 14,674.89 14,674.89 'RE11vtEURSEMENT TO DPW 32,171.31 270,427.07 302,598.38 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PU6LIC WELFARE EIN - 2 3-600 31 1 3 ~~~~~ ~ ~ VERIFICATION The facts set forth in the foregoing are true and correct to the best of the undersigned's knowledge, information and belief and are verified subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S.A. § 4904. Dated: ~ Q -~ - ~7 ~( ~~ ~ ~ ~ ~ ~-~C-•~~~.. ~. 1 ~,c CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the Petition For Order Of Court Granting Sale Of Real Property To The Administrator Of Estate In Administrator's Individual Capacity was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: Mr. Norman R. Stoner 110 Turtle Ridge Road Shermans Dale, PA 17090 Mr. Jeff Potteiger 5880 Mimosa Street Harrisburg, PA 17112 Ms. Margaret E. Evans 63 Santa Monica Avenue Carlisle, PA 17015 Mr. Kenneth E. Stoner #1 Sunset Circle Mechanicsburg, PA 17055 Mr. Earl T. Wilson, II 711 Barbara Street New Cumberland, PA 17070 Ms. Barbara A. Bottiglier 1771 Miller Road Dauphin, PA 17018 Ms. Donna M. Robinson 6504 Devonshire Heights Road Harrisburg, PA 17111 Dated: ~'~ ~~ ~""` ~'~ Mr. Edward Potteiger 2120 Sauers Road Harrisburg, PA 17110 Ms. Brenda K. Traister 183 Run Valley Road Conestoga, PA 17516 Mr. Vaughn Potteiger 6003 Jacobs Avenue Harrisburg, PA 17112 Mr. Steve Potteiger 1177 Powells Valley Road Halifax, PA 17032 Estate Recovery Program ATTN: Kelly J. Chestnut TPL Program Investigator P.O. Box 8486 Harrisburg, PA 17105-8486 ,,~ ~ +/ .,. ,,,r~~U j __ ~3 ~- Li~~ M 7e Coyne