Loading...
HomeMy WebLinkAbout07-15-09IN RE: WINIFRED D. CHRONISTER, AN ALLEGED INCAPACITATED PERSON IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA ORPHANS COURT DIVI~2S3N ~_ NO. 21-09-404 ; =: q.` i ~~ ~~ ` ~_' PETITION TO SELL REAL ESTATE __, TO THE HONORABLE JUDGE OLER: ~ J ~i? ~~ _i ~ ~-. 'i) 1 ,..J ~- :_I,i "", > i ~ ) T7 AND NOW, this 14TH day of July 2009, comes the limited temporary guardian of estate, Keystone Guardianship Services, of the above-captioned alleged incapacitated individual, and respectfully requests that the Honorable Judge Oler grant a request to sell the real estate owned by Winifred D. Chronister, to ensure liquidity of funds from which to pay her debts and daily living expenses. In support thereof, said guardian avers as follows: 1. Keystone Guardianship Services was appointed limited temporary guardian of the estate of Winifred D. Chronister, an alleged incapacitated person for the purpose of handling the sale of her home by the Cumberland Country Orphan's Court by order dated May 26, 2009, (see copy of Order attached as Exhibit ~~1..~ . 2. Winifred D. Chronister is presently a resident of Claremont Nursing and Rehabilitation Center in Carlisle, Cumberland County, Pennsylvania. -1- 3. The Cumberland County Aging and Community Services Agency, the appointed permanent plenary guardian, of the person and the estate of Winifred D. Chronister is in need of funds to pay for continuing care of Winifred D. Chronister at the Claremont Nursing and Rehabilitation Center, medical and living expenses. 4. Winifred D. Chronister is the sole owner of 6303 Brandy Lane, Hampden Township, Cumberland County, Pennsylvania (Parcel No. 01-21-0273-411) (see copy of Deed attached as Exhibit "2"). 5. The real estate presently sits empty of all personal property and is in broom clean state. 6. The Cumberland County Tax Assessment value is One Hundred Thousand Eight Hundred Ninety ($100,890) Dollars (see copy of Assessment Summary attached As Exhibit "3"). 7. A search of the real estate revealed there are presently no mortgages or judgements recorded. (see copy of property search attached as Exhibit "4"). 8. The said property has been not been appraised in order to hold the costs down regarding the sale of the said real estate. 9. The said real estate is in need of extensive exterior -2- repairs. The windows and siding need repairs and the right side of the roof sags, an inspection from the inside confirmed a need to replace the plywood (see pictures attached as Exhibit "5"). 10. An inspection of the living quarters of the real estate revealed the need to completely renovate the main bath. The floor began to give way upon stepping on it (see pictures attached as Exhibit "6"). 11. The trees, bushes and under growth need to trimmed ar.d or removed as well as general lawn clean-up (see pictures attached as Exhibit "7"). 12. The petitioner has calculated the following to establish a reasonable selling price for the real estate to be $50,000.00: The Assessed Value of the Real Estate $100,890.00 Subtract 30,000.00 NOTE: Due to the present economic conditions generally speaking I have found real estate is selling approximately 30% below the assessed value Subtract 7,000.00 NOTE: Approximate cost to repair/replace roof and other exterior repairs Subtract 15,000.00 NOTE: Approximate cost to renovate interior of the real estate Total Value 48,890.00 -3- 13. The present economic conditions have affected most real estate sales due to lack of mortgage money available and lack of qualified buyers make selling real estate very sporadic. 14. The petitioner is requesting permission to sell said real estate at an evening public auction through the Elmer Murry Auctions, 14 North Walnut Street, 2nd Floor East, Mechanicsburg, PA 17055 sold "As Is" for no less than Fifty Thousand ($50,000) Dollars. (see copy of contract attached as Exhibit "8A" see copy of Conditions of Sale attached as Exhibit "8B"). WHEREFORE, the aforementioned limited temporary guardian of estate of Winifred D. Chronister respectfully requests this Honorable Judge Oler enter an Order directing the sale 6303 Brandy Lane, Hampden Township, Cumberland County, Pennsylvania (Parcel No. 01-21-0273-411) owned by Winifred D. Chronister "As Is" for no less than Fifty Thousand ($50,000.00) Dollars. Respectfully Submitted: /~ Date : % / ~ L, ~ 1 ~`~ 1(. ~~ ~1~ ~~ ~ ~. < z' ~.~'~' ~~'y~--~~ ~ f~~.. Constance E. Stoneroad Keystone Guardianship Services 512 Market Street - Suite 2 Millersburg, PA 17061 Office (717) 692-1320 Cell (717) 265-4056 -4- IN RE: IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA WINIFRED D. CHRONISTER, ORPHANS COURT DIVISION AN ALLEGED INCAPACITATED PERSON NO. 21-09-404 VERIFICATION I, Constance E. Stoneroad of Keystone Guardianship Services, appointed limited temporary guardian of the estate of Winifred D. Chronister, an alleged incapacitated person for the purpose of handling the sale of her home by the Cumberland Country Orphan's Court verify that the averments in this Petition to Sell Real Estate are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date : ~ / t O j KEYSTONE GUARDIANSHIP SERVICES C nstance E. Stoneroad 512 Market Street Suite "2" Millersburg, PA 17061 Office (717) 692-1320 Cell (717) 265-4056 IN RE: IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA WINIFRED D. CHRONISTER, ORPHANS COURT DIVISION AN ALLEGED INCAPACITATED PERSON NO. 21-09-404 CERTIFICATE OF SERVICE I, Constance E. Stoneroad of Keystone Guardianship Services, limited temporary guardian of the estate of Winifred D. Chronister, do hereby certify that on July 15, 2009, I caused notice of the filing of the Petition to Sell Real Estate to be served on the parties in interest, as follows: HAND DELIVERED Cumberland County Aging & Community Services Agency Janet Paull, Care Manager 16 West High Street - Suite 100 Carlisle, PA 17013 Kelly Whitten Cumberland County Assistance Office 33 Westminster Drive P 0 Box 599 Carlisle, Pa 17013-0599 _~ ~ ~ / !~ i July 15 , 2 0 0 9 -,~r~=~''•~X%~L~'-- ~, ZE~l c~~,'L(`" Constance E. Stoneroad Keystone Guardianship Services 512 Market Street Suite "2" Millersburg, Pa 17061 717-692-5173 IN RE: IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA WINIFRED D. CHRONISTER, ORPHANS COURT DIVISION AN ALLEGED INCAPACITATED PERSON NO. 21-09-404 ACCEPTANCE OF SERVICE Janet Paull, of the Cumberland County Aging and Community Services Agency, Court Appointed Plenary Guardian of the Estate and Person for the above-captioned Guardianship, does hereby acknowledge that she accepted service on ~ - `S' c:v ~~ , 2009, of a true and correct copy of the Petition to Sell Real Estate which was filed for the above-captioned guardianship. ~l G~~~ Cumberland County Aging & Community Services Agency Janet Paull, Care Manager 16 West High Street - Suite 100 Carlisle, PA 17013 IN RE: IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA WINIFRED D. CHRONISTER, ORPHANS COURT DIVISION AN ALLEGED INCAPACITATED PERSON NO. 21-09-404 ACCEPTANCE OF SERVICE Kelly Whitten, of the Department of Public Welfare, case worker for the above-captioned Guardianship, does hereby acknowledge that she accepted service on ~~ --D J , 2009, of a true and correct copy of the Petition to Sell Real Estate which was filed for the above-captioned guardianship. Tl..~ 1.-. t.iL. vi ~... ~~~~'~ K OW V /V Cumberland County Assistance Office 33 Westminster Drive P O Box 599 Carlisle, Pa 17013-0599 ~UM~~R~A ~~UNT~ JUL 1 ~ 2009 ~---~ ~n Tastimony wherof, 1 her®unto set my hand and the 9aaf of sad Court at Carlisle, PA °~his~ day o ` ~~.~~ 2t1~~~ ~ \ n ti r--' ~ k IN RE : C a~ of a Orphans court IN THE COURT OF COMMON PLEA OF o Ourr,~~ri~!?d Coin Cu`MBERLAND COUNTY, PENNSYLHjTA ~ ,- _ ORPHANS ' COURT DIVISION ' ~ ~ ~ -' .:-.- WINIFRED D. CHRONISTER _1,T~ ~ c~;.: _ An Alleged Incapacitated t>~ ~ -- Person NO. 21-09-404 ORPHANS COU~`~G'~ 4' ~. " _ ~.~c~ . IN RE: PETITION FOR THE APPOINTMENT OF PERMANENT Gi~~ ~~ ~ 1,~CDIAN `VF - ~ ~ -~' THE PERSON AND ESTATE PURSUANT TO 2Q P.S. SECTIO}!p'S511 ~' -;; -, ic-~ ORDER OF COURT AND NOW, this 26th day of May, 2009, upon consideration of the Petition for the Appointment of a Plenary Guardian of the Person. and Estate with respect to Winifred D. _.,__ Chronister, and following a hearing held on this date at which Ms. Chronister was present with her court-appointed counsel, Grace E. D'Alo, Esquire, and at which evidence was presented by the Petitioner in support of the Petition, and based upon the foregoing Findings of Fact, the Court finds that Winifred D. Chronister is an incapacitated person, she is consequently adjudicated as such, the Petitioner, Cumberland County Aging and Community Services Agency is appointed permanent plenary guardian of her person and estate, and Keystone Guardianship Services NPC is appointed limited temporary guardian of her estate for the purpose of handling the sale of her home. No bond shall be required of either guardian. The guardians shall file on a timely basis with the Court all reports and accounts required by statute. Petitioner is granted the payment of a guardian fee tc Petitioner subject to a maximum of 10 percent of Winifred D. Chronister's gross monthly income or $100 per month, whichever is less. The Petitioner is further directed to see that Ms. Chronister's cats are maintained in good health. `~' C Y u ~ Q r'r ~r ~ ii Winifred D. Chronister is hereby notified of her right to appeal to the Pennsylvania Superior Court from the adjudication of incapacity herein within 30 days of its entry and petition at any time for a modification or termination of the order. By the Court, ~--r 0 Jesley O r, J ., J. Anthony L. DeLuca, Esquire For the Cumberland County Aging & Community Services Grace E. D`Alo, Esquire Court-appointed for Winifred D. Chronister :pcb IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . ORPHANS' COURT DIVISION WINIFRED D. CHRONISTER An Alleged Incapacitated Person NO. 21-09-404 ORPHANS' COURT IN RE: PETITION FOR THE APPOINTMENT OF PERMANENT GUARDIAN OF THE PERSON AND ESTATE PURSUANT TO 20 P.S. SECTION 5511 Before 01er, J. OPINION and ORDER OF COURT Oler, J., May 26, 2009 At issue in the present case is whether Winifred D. Chronister should be adjudicated an incapacitated person on a permanent basis, and, if so, whether Petitioner Cumberland County Aging and Community Services Agency should be appointed permanent plenary guardian of her person and estate and whether Keystone Guardianship Services NPC should be appointed limited temporary guardian of her estate for purposes of selling her home. A hearing was held on this matter on May 26, 2009. The allegedly-incapacitated person was present for the hearing, accompanied by her court-appointed counsel, Grace E. D'Alo, Esquire. The Petitioner was represented by Anthony L. DeLuca, Esquire. Based upon the evidence presented at the hearing, which included the record from a prior hearing on May 1, 2009, the following Facts, Discussion and Order of Court are made and entered: FINDINGS OF FACT 1. The allegedly-incapacitated person is Winifred D. Chronister, an adult individual and domiciliary of Cumberland County, presently residing at the Claremont Nursing and Rehabilitation Center in Carlisle, Cumberland County, Pennsylvania. 2. The Petitioner is Cumberland County Aging and Community Services Agency which has offices at 16 West High Street, Carlisle, Cumberland County, Pennsylvania. 3. The allegedly-incapacitated person suffers from dementia. As a consequence of her condition, her ability to receive and evaluate information effectively and communicate decisions is impaired to such a significant extent that she is totally unable to manage her financial resources, and totally unable to meet essential requirements for her physical health and safety. 4. The prognosis for the allegedly-incapacitated person is somewhat hopeful at this time based upon the care which she is presently receiving. 5. The allegedly-incapacitated person owns a residence at 6303 Brandy Lane, Mechanicsburg, Cumberland County, Pennsylvania, which has a substantial value. 6. The allegedly-incapacitated person also owns three cats. 7. The appointment of a guardian of the allegedly-incapacitated person"s person and estate is necessary at the present time on a plenary and permanent basis. 8. Keystone Guardianship Services NPC is an appropriate entity to handle the sale of the allegedly-incapacitated person's home if deemed appropriate by the permanent plenary guardian of her person and estate. 9. The Petitioner is an appropriate entity to serve as permanent plenary guardian of the person and estate of the allegedly-incapacitated person. 1Q. The foregoing Findings of Fact are made on the basis of clear and convincing evidence. DISCUSSION The provisions respecting an adjudication cf incapacity are contained in 20 Pa. C.S. Sections 5501 et seq. The Petitioner has substantially complied with these provisions, and based upon the foregoing Findings of Fact the following order of Court will be entered: ORDFR OF COURT AND NOW, this 26th day of May, 2009, upon consideration of the Petition for the Appointment of a .Plenary Guardian of the Person and Estate with respect to Winifred D. Chronister, and following a hearing held on this date at which Mrs. Chronister was present with her court-appointed counsel, Grace D'A_lo, Esquire, and at which evidence was presented by the Petitioner in support of the Petition, and based upon the foregoing Findings of Fact, the Court finds that Winifred D. Chronister is an incapacitated person, she is consequently adjudicated as such, the Petitioner, Cumberland County Aging and Community Services Agency is appointed permanent plenary guardian of her person and estate, and Keystone Guardianship Services NPC is appointed limited temporary guardian of her estate for the purpose of handling the sale of her home. No bond shall be required of either guardian. The guardians shall file on a timely basis with the Court all reports and accounts required by statute. Petitioner is granted the payment of a guardian fee to Petitioner subject to a maximum of 10 percent of Winifred D. Chronister's gross monthly income or $100 per month, whichever is less. The Petitioner is further directed to see that Ms. Chronister's cats are maintained in good health. Winifred D. Chronister is hereby notified of her right to appeal to the Pennsylvania Superior Court from the adjudication of incapacity herein within 30 days of its entry and petition at any time for a modification or termination of the order. By the Court, s/ J. Wesley Oler, Jr. J. Anthony L. DeLuca, Esquire For the Cumberland County Aging & Community Services Grace D'Alo, Esquire Court-appointed for Winifred D. Chronister :pcb I ~gR.T~W~.1a~b nMO, Tip ~OIn0~7~C/1~lA•-A1~11ab 1M r110gRMUfQin( nMry 1Nil. inc. InnNir IR ~~~~ Brans TBS aS h~, day o/ 5°••,•fJ-~J in w-n „ear of oar Lord one lAouaatd nine hetutred eighty-two (1982) IfB%!'Wh'67V JOHN F. CHRONISTER and WTNIFRED D. CHRONIST6R, his wi1:¢, o£ Hampden Township, Cumberland county, Pennsylvania, hereinafter GtiflNTORS - AND WWWWtt~~jjIIIIIINIFRED D. CHRONISTfiR of 14ampden Township, Cumberland Councq, Prnnayl- via, hereinafter GAANTBE ^ W ~A ` ~' r Qi M ulo?~ b 1~ ~ Y O o~<"' ~ 1~8~~ ~ V m A r . L• yo}`~)ee s~ put. T9ITNSSFAT7•F!, Wra! the eovl yort I2S of ~+•n R~'at Tn+'t, for ased tr- oona4len atfonoitAea+cmoJ One and --------------_-._----------------------- i _-- ----- --------------------001100 ($1.00)----,--- An1L1sa. - tawfxl mrmay M the Unilnd Santee of Atseriea. unto wail anti tnrty prtid by the said part yy of the naoond pml't, at and beJnro the aaatirep and detive+y of these 9ralepta, the rro6':pt w-hntao/ is hernbU ackanwkdQOd, prantad, baRpained, sold. aliened, enjno$ad, m4,nead, eonunyrd awd er»-~rtned, amd 6v'theaa prr~ta i praad, bmrpafm, aek, ~~. ar-feo$, raloaao, convey a+nd oonArm unto Eho said ?~ y of tlia eeeoved Pm-f, h?f. Ao(-e, and oea:prub ALL that certain lot of ground air_uaCe in t'ha Township at Hampden, Covnty of Cumberland and State of Ecnnaylvania, mo'r¢ particularly bounded end do- scribed na follows, to wic~• ~ BEGINNING ec a paint on the Northern. Fi.dc of Brandy L:+nE. aC the dividing ' lino between Lota Nos. 26 and 27 as alotn•i on L'he hereinafter mentioned plan of Lots; thence along said di.vlding line between Locs Noa. 26 and 27, North 46 degrees 45 minutes Weat, a distance of OnP Hundred Fifty (150) feet to a point on r_qe dividing line between Lots Nos. 26 dncl 28~ thence along the 1.in¢ ctS.viding Lot No. 26 from Lots Nos. 28 and 23, South 49 de.greea 15 ms.nutee west, a distance of Ot~e Hundred (100) feet to a point) thence along the divi~ ding line between Lota Nos. 26 sad 25, South 46 degrees 45 minutes Eaot, a di.sCaace of One Hundred Fi.fcy (150) feet to a point onnc~ Northern aide of Brandy Lane first mentioned abovet thence along said Northern aide of Brandy Lane. North 43 d.egreea 15 mi.nutea Eaat, a distance of One. Hundred (100> feet to a point on Che sAtne at the dividing line.berwEen Lots Nos. 26 and 27, the point xnd P1ace• o£ BEGINNING. BEING Lot No. 26 on a Plan of Lots se laid o~dt Eor Raymond Braekbili and wife by W. G. Rachel, Registered Surveyor, on April il, 1961, and recorded in the Office of the Recorder of peeda in .and i:or Cumberland County, PennsyyLvsnia, in Platt Rook 12, Page h0, and having thereon erected a ranch type flwellinp, house known as and n~unbcr.ed 6337 Brandy Lane. BEING the sarnt pretnzaea which Jo1tT tC. Landis aAd Lillian M. Landis, hie wife, by deed dated October 6, 1972 and r¢cor.ded in the Office of the Recorder of Doefla in and for Guntberland Count)r in Accd Book "V",.Volume 24, Pagv 830 gzant~d and conveyed to John F. Cinronister and Winifred D. Chronieter, Grantors' herein. UNDER AND SUBJECT, nevertheleRe, Co a utility easement Tea (10) feet in width over, under, acroRs end through the Northerly Ten (10) fEet of said Lot No. 26, including the right-of-way sad casement' of prior record for the installation and mAintenance of a water ipe 1•!ne within said width=ten (10) feet exceed- ing from Lot No. 27 on the ~A3C to Lot No. 25 on the Went. AND FURTHER, UNDER AND SUBJECT, Co Che building and use restrictions recorded with the Plsn of Lota aforesaid and o£ prior record. C i 0001GJ ~ SCE 374 (eoe next page for additional provision?', ,,..., « ~~oonn .o r, _ Dane r•'~ , Said zeal es [ate 'ia being conveyed to the GraL+tee, Winifred D. Cbrontater, for ber sole and separate u4e and enjoyment with full power to alienate, mortgago or Othexwioe dinpo9e of thl: samo by deed, mortgmRC or ai11 to the exclusion of eny right, title or in~drest of her hunbaad, John F. Chronieter, heroin. Kueband furthor releaoee and waives by thin convcynace az~y and all claims which he may have under the equitably disezibution provisions of chF Pennsylvan,'~R Divorce act of July~l, 1980. This eomrcynnce ie betoroon epouaoo rtn@ is cEter©Eoro oxm~pt £rom pAyiemnt of realty tsnnefet tax. :1 ~o3x rj29 'pnc~ 375 ~~ .a.e~o~ nw,n rni iniTY Inot tL 'IDA7f1l1F9 , _ Porn ~ I TOGETHI~'R with alt an.•l. aertpvlar, ihn said 9roperty, imyrovemanta, v,aye, tpatera, v,ater eouraaa, rtohW, tiberl,iP.R, prioitopM, hareditasnea4o and oppvrtananosa whaLtoevor tlu:rrwnto De- ~n9, yr in axvwiae a~artaininp, a~uL Eho ret,erainne anti remafTdore, reysEa, ;aasuu a+td pr'oJ~e thereof, ana oll the oetatc, rtRht., talc, inlereet, property, etafm and de+nond anttateocver, of the aad ~~ tee of the brat Tart, ;a taw, eoutty or othenuiaa hovanauar, of, in and to tha ea~no a~u! every yoTt thereof. TO IIAYE AND TO HOf.D tlu aced ' hered£tatnenM a++d aremiaea hnraby orantod or moxtto~ud, ar+attintended eo to ba, with the opTurte- „area,, ante eho eadd Bart Y of the second yart, Zer rein ant aaeiQavr, to and for the mtdy p~rypcr nee and behoo/ o/ clot taut yo*t Y of tho aaoond gaat, er hairs and oaeipna Jos+eser, AND the said prrtntor 9 horeAy ooveexsnt aaad apraa tkat ZheY wfJt wM.an6 8e-nerallY the property hnrrby ooavayed. IN W1TNS83 WHER7cOF, the acid part lA8 0/ Uia ~r%a~iJ~yart Ira Ve !o these pr~+ante eat theip~M}R and assts . Dated the da~y~and yeor }ira~!~7 t u~ishm. gtgna0, fataltD 8no iEtcltytCCD -'71'~1~~~~YaniaCe~ ~ l~~' ~y ttK R-saetmct of <A _o~1i." _ /~J ~~ ~ _„ 1IV~n, 1,v,~~"~,J~ ]Z11 C ToT11 B~6~••~•••••-••.. .~ Btemt of PENNSYLVANI/! County of CUMBERLAND ~~, t1n thda, the o~ 3 day of the uu2creipned of~eer, yeraaAatty appnerad lri,1~ kHnrm W me for eatiefastorIIy proven) Co be the veraon whoee rviras 7$ subn'cr46aiL Eo •dleri ,~`~~.. witlein btatrnment, aTd aueknowtadged that SliE ea;ceuted saint Jor the ?~~ jyl~rr~j ~~ }~~ oontafatad. r . fn vritnoae wharvuff, ! harewtto eat my hand and olltelal ecaL ,. f '~` ', ; ~ h J:: ~'-. `~ i n '~ ~.? tIF,C„~'q~n9.'.' t:d'C„J^6",'• hK;l t:.i7~rtY ~~. i'., v ~ ~. I ttcmoa,, PaM1:jIVtOi? OYnaU70t OI nOtaAe~ft~ VJ V~Q1T~ • :;r.s\ do hareby certify tro~eelao reaidenaa a 'Q tom ///~~~ . of the to.'tAin named prantae is G 3.r 3 pj voet o~ ad~...,, Attorney /a ~~~ .~. ~ /T/s /e. o , 1882 , ba/era mc, JOk~7 F. CtQtONISTER ICIWf/M W n1G for aattafa~'!Of'!Ij/ 'IMOYCILI t0 bo th6 9CTROA whoee name IS tabec~{bed. to Nu: i'~;;~k. within EnabramenL, mnd acknowledged that HCs rtzaeatad canto for thn pnryoAmaa»r~n..T~~: In tvltnaaa wheraoj, / herrunte set my hand a/' dAo1,ff,~•2,..~aaaL ~~~ • ,,~ .~-. ~t:.~~r-i~~r0~``~ _.~~.. J.~. _ .....___ '• ~ ~1. nK. k'" '~f !, ~~f 7 9 1~N'N.3. COHtCIt, N~i~~""P~~19~ •°~:'~~ f StoCo of PENNSYLVANT.A C i~io, CumenNend Co„ Pn- '• aa. My Irlon faptrw Avavs, 77, IDB~~~~J County o1 CUMBERLAND On this, the .~`^~ rJav o/ `~~a.~e.~i , 18 82 bPfora +na, the xsdereEgned oJJLee-, yeraenally o7-pearnL WINIFRLD D. CRRONSSTL'R I~ ~00~29 ~c~ 3~ ~. ri ~nnocoi nntn (all INT/ inet u ~ aR~nn ,o , . a~r,e FacetWin Screen Print .for recdeeds, from "CAMA_Login" 6/24/2009 11:49:40 AM CUD~ERLAND COUNTX ASSESSMENT OFFICE 2004 HASEXEAR NEIGFi8ORHOOD: 1060 CONTROL # 10008291 DISTRICT: 10 - HADSPDEN TOWN3FIIP SD: 4 PARCEL= 10-21-0285-098. SPEC ID: LOT: L-0026 ~--~ Tback: Short Name CHRONISTER, ATINTFRFA A LAST NAME CI3RONISTER FIRST NAME VJINIFRED D ~C/O NAME ~ADDRESSI : 6303 BRANDY LANE ~ADDRES82 POST OFFICE: MECHANICSBURG STATE ~ ZIP: PA J.7050 i 3itua: 6303 BRANDY LRNE Prop Descr.ip.: FORREST ACRES LAND DESC: LOT 26 PB 12 PG 40 LAND USE TYPE: 101 DEEDED ACRES: .34 _~ PROPERTY TYPE: R t ~ SALES ~ ~ DEED SIC/PG.....00293-00374 ~ DATE OF SALE...03/17/1982 SELLING PRICE: 1 ~ ~ i r-----CURRENT VALUES---~ ~ Aaeea9ed Fair Market FMV - 100890 L - ].8450 C&G - B - 83440 ~ ~ approved? -> T - 100890 Screen 1 Enter Selection > Record: 29809 Number -Switch 9creorie, ~ -Exit, J -J1unp bode, F -Forma, I -Image Down Arrow -Next Entry, IIp Arrow -Previous Entry, ? -Screens, B -Browse EXH t B IT "3" ~` , ~ 6•la~n'i~~g, FAA 17"1 ~ ~A9C:7'97.5`+0~-13 yam. /may 5,ur V µ~o 1'C1 t A+~` W j G/'Y7 S~~IfNY'VZ i S~~ G`t`r ~-~ ~~ ~~ 1 ~-~.-o S ~ ~ -- 3 -~ ~..( Purr: /~-~ ~, P YOA®rs: I~.U ~ Ji~adg~-ma~~; ~C-O~n.~-~--- ~ 1tr~s~tlor~: I~PiO®1 f91Af1~~: _G l - vZ (- C>oZ 7 3- y// L: ~~~ ysu ~; Sa, via ~ -~: ~ a ~ EXH t B IT "4" V~~"~" - . r~~ ,oR~rv~` ..NR a~ ~°1°~*~°r „"" tl~"pAP~" fd-r~pM.M~p ~nsM~ ~, ~, r ~~.~ CHAIN SHEET Deed: \d e`t'-~ - Sd 3 ~ C3rantors: J t) ~ K. ~^'~ ~ 3 Dated: ~~-to - ~~' Recorded: Grantee: J V~~ Amount: Q `~ ~r-u °'~ ~ S ~' Restrictions: Yes or~No Description: Deed: Q ~ ~i - 3o 1 Grantors: ~~/ ~... c,n~. ~ m o~rg,q,~ ~ ~" ~: • ~o ncl~h ~I [ Dated: ~', ~~ - ,1- ff Recorded:'~'~-~"~a ~ U i~a tL. ~~.: S Grantee: Amount: ~ ~ S C7 Restrictions: Ycs or No Description: Deed: lL ~ 5 ' ~ ~' ~ Grantors: Ir M ~ ly n- ~~~~~~ Dated: 1s - }-S -5 `i r_ Recorded: ei ..~ S 5 Grantee: '~`--`~ t"` u ^' ~ ~ °'r""~'°r•e ~ c - i~ ~ ~C ~Cb~ ~ Amount: ~5, ~~~ Restrictions: Yes or No Description: Deed: ~ ~(9 " ~-tce( Grantors: ~~'j~`/ ~-~ ~Pss Dated: 3- i - S ~ Recorded: '~- ~ - S`S Grantee 1lmount: '~~'~ `'`-' Restrictions: Yes or No Description: 3--~~/- 23 3_~~,~3 ~ ~ ~. ~ ~ I ~ ~ ~ ~~i~ C _ ~rS S { ~ x ~ r _.~ r Y :t,n r~~~ r {~ ~„~ R{ .. ., k: ;f y. x~.w t ;y ,~...., 4 k' ''jj~~ ~~ G I I,~ ~. ~~ , 'd. _: '_ ` r ~ ~ v~ ;3 ~ {' yr ~! ~ ~ ~• ~. ,,- ~. ~Itu. ~~ n,~~,,, 1Y . E (~ ' f ! •y~ A4My ~'~y :/ ~,~ .. wa:' r,. ;k h ` ~. ' 3.,,,i .. ~' „ .~i m n _.. ~:. ,k. ~ e. , ~,~. ~~»~ ~' r-0 ` ~:,~ x ~..~' ~t ~ ~wr ' _. ,,~~ ~9 ~~. `~ `~ ', 3 ~ _ j ~.:. , _. ' ~ . .9. ~. .. y ~ ~ . ~' 3 . , . ': ~ ~ x r .. ..V, . { . ~ k.... t ~, ~ 1 ~..~ ~. . f ~. •_-'; .. ,.. . y t ` ,.. nl.: to ! ~. ~ .. w.. ~ ~ ' i , ~ .. :£ t ~,;,. ~, wG ` ~ ~~ "< ~ ~ ~lt 'e ~ • .A~'" ; w- ~ ~ LL ~ ~ ~~ 1 ~ ~ ~ .b ~ '.. ~~6 ~.~i i `~ T ~ ~ . _ a i :w ~, ~; ~~r ;~1~/ + .~ "~. p `M1 Y ~~ , f ~~,~ fi..,~~r r .,,,, ~ ,~ I t ~ ':~ - ,. I ~ }fI t j ~5 j 1 ~ ~.~ ~ ... ._ ..~r~~......: OiSnlYww..~... .~.. _..-.. «.- K' ,9 ~.~ 1 1 ~,~ ti,'., .~ ,.~ 3 .rt1 v.- ~~ Ce"~' , F ,~ 'f ".,. Y ,~ r r _ ~ t ' ~i; ,~ F-. c~~7~' I `,. ' ~ -~R 4 ~.., iF _-:~,r ~ ~ Fr ~Z ~, ~: _ S~~ ~ s ~ ~ •~~ S ,_ ~~~~ r t' ' P , M ~~;"1~t.f "/.l , v .; '.k°.~~ Mgt 9 ~ P ~ ~ _r~ ~,K 9:. ~' 1. ~l> 1 `! ~ ~. at . ,~ (.y ~ ~mS~,,,A ; .~ t .~ ..~ T ' ` T. I ~ k c r Y y .r '.1:j ~ "J:il ~. x ~~ a~; ~~ "~ r ; ,;- ~. '~ 1 y~; e?!lei2ea9 1?:~e ~1?~9H22ae RICHARD P MURRY ;aUCT PAGE 02r'~2 Elmer Murry Auctions, Inc, ~~ ~ , 41~Jhk~ S ~~ Lititz PA 17543 Litit2, P~1 ~ ~~ • Fax 71?~~. REAL ESTATE tia~ _~.BSOI_.t,~ - sLa.~cT ~Fxov~l~ AUCTIOti ~BSOLLTE - :VO RrSER~'E ^ CQNTRACT 1 (wej, the ~~~rsigned, n~ercrinna;tir caked SeL'er, herc~hy^rcpra~syent that f am, (we arc) fi~ pwmtt/i) :n lee of the g[craise5 DESCRIPTION OF ~ch~rd P~ uc ioneer r 1~ L.~lt QY Mec}~anicsbuzg, P.~, 717-790-2240 Pb/Fax www.richazdmuTryauctiorfeer. coin email.- zichmutTy~epix.net m kno•.m as: 3 ~ 3 ~, l ~ ~~ ,,}mil soh c, Lt¢ 1w~ ( 1 ~ nfJlr..ri Z Sellex hereby employs L aN/C.-. -v((terelaat3er calms ~u~q,Gompaay,), to yell pmpcrry at Public Auction on the _.~( LPL-}-t~. day of a[ o'dock~~,~~rst1,V/bt~~ee-t to approval of Seller. Seller agrees that in the event that the prop is offered sub dad ; t~a©e1s Sell i u~ or~~auctiop ~ any t obraiq ~ ey~ (+r tbas~ tppac and :barge be cost thereof to Seller. ' c J Q ~' d' S ~~' ~ ~ ~ ,~ f`(~`(~ 3. Seller agrees to pay ,suction Company a commission of~%,` of the total salt price of the property o~pertie5 doting tae life o(thts agreement. Such commisaton shall be considered earned when a pr arty executed agrccment of sal~':ras been delivered. ~° Auyex Preatium. Seller autborizcs Auction Cornpeny to sdvcrtisc the salt and sgrees to pay up to 5 ~ ~ ~ For the cost o{{f --adyvmZteing, 5. Seller agrees to pay sold wmmission tv .auction Company if diets is at least one turn bid m excessi of 5~_~,~,~tru{wtttt~andiag an election by ~e seller ¢ot :o ;ell the property. 7 Seller agrees that in the event of a no sale decision yr if the property is withdrawn from sale Auttioo Company shall be paid $ ~ d~d_ (plus the cost of advertising and any titer expenses incurred by 9uctton Company on Sellers behalf). ~ ~ CJ 8. Seller agrees if SeUex eaters iota as agreement [o fell or sells said property or properties prior to the date fixed for safe, or within sixty days thereafter, Seller ;hall pay ,luction Cvatpany the commission Specified is paragraph 4 above plus any costs that tray be due from items i andlor d about, teas anything paid to Auchon Company as liquidated damages: said w lion shall be paid whether yr not dt¢ ;ale is negotia[ed by Auction Company 9 ?,uction Company agrees too a °%deposit at the tine of;ale by cash, check or od[er good and;u~rttent colla[etal, at the discretion of.#ucttoa Company which shall be held in escro n frehaff of all parties until final settlement br temtinanon of this ¢ansaction. l0 Settlement shalt be lade wtthi¢ days of the sale. 1 i. Se71er agrees to provide good and marketable tide, bee and cleat of all Sens and encumbrances (subject ro al] building resnicrons ordinances, easements, privileges ur rights of the public sernce companies and agreements or like maners of record) and such as will be insured at regular rates by a responsible title insurance company t., Auction Company agrees to use its best effoR t0 secure a buyer of *he property or pmpeRies wd to conduct the 5a(e on SeI(er's behalf. 1 ~. Scdor warrants chc uvth of all statcmonts wntaiacd herein sad drat Scllcr has the right co cpmcy title to said property. Tn cartaeeavn with this warranty sad with dre sale in general, Seller agrees to indemnify a¢d save harmless Auction Company for all expenses incurred (including reasonable attorney's fees) in defending any ,lain or ;lrigation involving the real property described above and based open say representation about the property or~rscription of the property supplied Auction Company by Seller ~, 14. This written agreement conscltutes the satire contact between the parties. There are no representations yr ershan~gs outer that the terms set forth herein. The teems of this agreement may not be amended except by writing signed by both parties, =. Ibis agreement shall be binding upon the parties hereto sad their rasp a heirs, executors, adm stxators, u~essors and assigns. ~ 1 wl'iVESS our hands andrse/als`this ..t(~ ,?^,~" day))of _ - __ r' N yv~~ !Mailing address stoma ~,~ g. (v"~/~,.,~ Seller .' 1: \ h r - zip cai~; [~__ Phone (Area Codel Home ( ) \\_~{I~ o~~l`~ j7) ~ «8A ~~ r CONDITIONS OF SALE OF REAL ESTATE OF WINIFRED D. CHRONISTER BY KEYSTONE GUARDIANSHIP SERVICES COURT APPOINTED LIMITED TEMPORARY GUARDIAN FOR THE PURPOSE OF HANDLING THE SALE OF THE REAL ESTATE KNOWN AS 6303 BRANDY LANE, HAMPDEN TWP, CUMBERLAND COUNTY, PENNSYLVANIA Y7o55 DATE: August io, 2009 @ 6: oo P.M. The undersigned, (the "Seller") herewith announces the Conditions of Sale of the real estate described in Schedule "A", attached hereto, which shall be exposed at public sale this day . i. The highest and best bidder shall be declared the Purchaser; however, the Seller reserves the right to reject any and all bids and to hold any bid until a later time on the day of the sale. Please be advised that this particular piece of real estate is part of a Court Appointed Guardianship and this real estate is being sold under Order of Court. As such, the Court has set a reserve. In the event the reserve is not met today, the name of the highest and best bidder will be taken and presented to the Court for consideration. 2. If any dispute shall arise regarding the purchase of the property or as to which is the best or last bid, the property may, at the option of the said Seller, be offered at a former bid, or, in the discretion of the Seller, may be offered again for sale. 3. The Purchaser shall immediately pay to the said Seller Seven Thousand ($~,ooo.oo) Dollars and shall paythe balance of the purchase money within forty-five (45) days. -i- EXHIBIT "8B" 4. The real estate, after being struck down and until delivery of a deed thereof, will be held by- the said Seller as the property of the Purchaser and the said Seller reser~~es the right to use and enjoy the said property- and receive the rents and profits during that period. In the event of Loss or damage by fire, or other casualty, prior to settlement, Sellers may, at their option; repair or restore said property or may, on settlement date, credit Buyers with the amount received by Sellers on said insurance in settlement for the loss or damage. 5. The said Seller will deliver special warranty deed for the property sold, free and clear of all liens and encumbrances except present occupancy; however, should there be any defect in the title, Seller reserves the right to clear the defect or refund the down payment, without any further liability. 6. If the Purchaser should default in the payment of the balance of the purchase price within the time herein provided, time being of the essence, then the down payment shall be forfeited as liquidated damages and the Seller may then proceed to resell said property with the Purchaser herein being liable for any additional costs sustained on such resale. ~. Taxes for the current year will be apportioned between the Purchaser and the Seller. 8. Commonwealth of Pennsylvania and all other local taxes, of whatsoever nature, on transfer of real estate shall be paid 1/2 by the Purchaser and 1/2 by the Seller. g. The Purchaser will be responsible for a three percent (3%) Buyer Premium due at time of closing. io. The Purchaser agrees that he has inspected the premises herein involved and -2- no representation has been made by the Seller as to the conditions of the improvements erected thereon or the plumbing, heating, electric, or sewage systems therein involved. The premises are being sold "as is" unless otherwise specified. ii. The charge to record the deed and the title search w111 be the expense of the Purchaser. 12. Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978, is notified that such property- may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, beha~-ioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the Buyer with any information onlead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards. However, under the terms of the Conditions of Sale, any Buyer of the hereinafter-described real estate, hereby- agrees to WAIVE their right to a risk assessment or inspection for possible lead- based paint hazards in said property, and hereby further agree to execute the Waiver as set forth in the Addendum attached hereto and marked Exhibit "B". The premises are being sold "AS IS". SELLER: Keystone Guardianship Services, Limited Temporary Guardian under O//rndjer.of Court Dtd 5(/~/J26/09J //~J Constance E. Stoneroad, President Keystone Guardianship Services -3- SCHEDULE "A" ALL THAT CERTAIN lot of ground situate in the Township of Hampden, County- of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northern side of Brandy Lane at the dividing line between Lots Nos. 26 and 2'J as shown on the hereinafter mentioned Plan of Lots: thence along said dividing line between Lots Nos. 26 and 2'], North 46 degrees 45 minutes West, a distance of One Hundred Fifty (i5o) feet to a point on the di~~ding line between Lots Nos. 26 and 28; thence along the line di~zding Lot No. 26 from Lots Nos. 28 and 23, South 43 degrees 15 minutes West, a distance of One Hundred (ioo) feet to a point, thence along the di`~ding line between Lots Nos. 26 and 25, South 46 degrees 45 minutes East, a distance of One Hundred Fifty (i5o) feet to a point on the Northern side of Brandy Lane first mentioned above, thence along said Northern side of Brandy Lane. North 43 degrees i5 minutes East, a distance of One Hundred (loo) feet to a point on the same at the dividing line between Lots Nos. 26 and 27, the point and Place of BEGINNING. BEING Lot No. 26 on Plan of Lots as laid out for Raymond Brackbill and wife by W.G. Rechel, Registered Surveyor, on April li, 196i, and recorded in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 12, Page 40. HAVING THEREON ERECTED a ranch type dwelling house known as and numbered 6303 Brandy Lane. RECAPITULATION DOWN PAYMENT: Seven Thousand ($~,ooo.oo)Dollars BALANCE: DUE IN 45 DAYS CURRENT YEAR TAXES: PRORATED TRANSFER TAXES: 1% BUYER - 1% SELLER BUYERS PREMIUM: 3% PAID BY BUYER AT TIME OF SETTLEMENT COST TO RECORD DEED/TITLE SEARCH: BUYER PROPERTY SOLD AS IS LOT SIZE - REAL ESTATE TAXES -COUNTY: $ 278.35 - SCHOOL: 1.2 TOTAL: i 21 . EXHIBIT "B" LEAD-BASED PAINT/LEAD BASED PAINT HAZARDS ADDENDUM TO AGREEMENT OF SALE (FOR RESIDENTIAL DWELLINGS BUILT PRIOR TO 1978) DATE OF SALES AGREEiV1ENT: PROPERTY ADDRESS: 6303 Brandy Hampden Township Cumberland County, Pennsylvania 1705 SELLERS: Keystone GuardianshiQ Services Court Appointed Limited Temporar~~ Guardian of Winifred D. Chronister BUYERS: LEAD WARNING STATEMENT Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978, is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the Buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase. SELLER'S DISCLOSURE (check only one): [ ]known lead-based paint and/or lead-based paint hazards are present in the property (explain how Seller knows of the presence, where it is located and as much information as Seller knows about the condition): [ ]Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the property. RECORDS AND REPORTS AVAILABLE TO SELLER (check only one): [ ]Seller has provided Buyer with all available records and reports about lead-based paint and lead-based paint hazards in property documents below). [ ]Seller has no reports or records about lead-based paint and/or lead-based paint hazards in the property. BUYER'S ACKNOWLEDGMENT _ _ (Buyer's initials). Buyer acknowledges receipt of all information listed above and the pamphlet Protect your Family from Lead in the Home. RISK ASSESSMENT OR INSPECTION Buyer acknowledges that Buyer has the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards within ten (10) days of the signing of the Agreement of Sale by both Buyer and Seller (unless Buyer and Seller agree, in writing, upon a different period of time). BUYER'S OPTION (check only one). [XXj Buyer WAIVES the opportunity to conduct alead-based paint and/or lead-based paint hazards risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. [ ]Buyer elects to conduct alead-based paint and/or lead-based paint hazards risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. A. Within _ days of the signing of the Agreement of Sale by both the Buyer and Seller, Buyer, at Buyer's expense, shall obtain a risk assessment or inspection and shall deliver to Seller (or Agent for Seller) an assessment/inspection report (insert ten (10) unless Buyer and Seller agree upon a different period of time). Failure of Buyer to deliver the report within this time is a waiver to Buyer's rights under this contingency, including the rights to obtain the assessment or inspection and to be released from the Agreement of Sale. B. Within the same prior of time (see A above) Buyer may deliver to Seller (or Agent for Seller) a written notice listing the specific existing deficiencies to be corrected. C. Seller may, within five (5) days after receipt of the written notice, elect in writing whether to correct the condition(s) prior to settlement. if the seller will correct the condition, Seller shall furnish the Buyer (or Agent for Buyer) with a certification from a risk assessor or inspector that the condition has been remedied. If Seller elects to correct the condition prior to settlement, Buyer will proceed with the purchase. (list Page 1 of 2 Pages D If Seiler fails to provide written notice of Seller's intent to correct within the time for doing so, Buyer will: i. Terminate the Agreement of Sale in writing, in which case all deposit money paid on account of the purchase will be promptly returned to Buyer and the Agreement of Sale shall be NULL AND VOID; or ii. Accept the Property without the corrections requested by Buyer. AGENT'S ACKNOWLEDGEMENT Agent for Seller has informed Seller of Seller's obligations under the Residential Lead-Based Paint Hazard Reduction Act (4~ U.S.C.§4582d} and is aware of his/her responsibility to ensure compliance. CERTIFICATION OF ACCURACY Seller, Buyer, and their Agents have reviewed the information above and certify to the best of their knowledge, that the informatior they have provided is true and accurate. FAX STATEMENT: This document may be executed by the Buyer or Seller and transmitted to the other for execution by telefax. Wher executed and delivered in such manner, this Document will be binding as though executed by the parties on the original document. All other terms and conditions of the said Agreement shall remain unchanged and in full force and effect. WITNESS: BUYER SELLER Keystone Guardianship Services, Limited Temporary Guardian under Order of Court Dtd 5/26/09 Date: Date: :~~ L ~,, ~~a, .tics -~^~s. r~_~~ Date: % ~; <" i~? onstance E. Stoneroad, President Keystone Guardianship Services Page 2 of 2 Pages