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HomeMy WebLinkAbout08-21-09 (2)IN RE WINIFRED D. CHRONISTER, AN ALLEGED INCAPACITATED PERSON IN THE COURT OF CONIl~ION PLEAS DAUPHIN COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION NO. 21-09-404 ~_~ n PETITION TO SELL REAL ESTATE t=:<~ T7 ~' , -U K~ c _ i. i Y~ n5 TO THE HONORABLE JUDGE OLER: ""'~ ~_ .. --~ _._. ,~ :: _:~:~ AND NOW, this 19TH day of August 2009, comes'a;~he Limited T' ~ temporary guardian of estate, Keystone Guardianship ServiC~s, 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..~ . -1- 2. Winifred D. Chronister is presently a resident of Claremont Nursing and Rehabilitation Center in Carlisle, Cumberland County, Pennsylvania. 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"). -2- 8. Petitioner received an Order of Court dated July 20, 2009, in which the request to sell said real estate for no less than Fifty Thousand ($50,000) Dollars was denied and a recommendation to have the said property appraised by a realtor qualified to appraise the property engaged. (see copy of Court Order Exhibit "5") 9. Upon the recommendation of The Honorable Judge Oler, Jr. by Order of Court dated July 20, 2009, the said property was appraised by Carl E. Snyder GRI, Broker/Appraiser of Century 21 Carl Snyder, 3703 Peters Mountain Road, Halifax, PA 17032 (see copy of appraisal attached as Exhibit "6"). 10. The petitioner followed through with the public sale on August 18, 2009, at 6:00 PM as per the contract with Elmer Murry Auctions, 14 North Walnut Street, 2nd Floor East, Mechanicsburg, PA 1055 (see copy of contract attached as Exhibit "7") 11. The petitioner read the Conditions of Sale at the public sale, recording the same. Condition number one (1) was thoroughly explained and questions presented were addressed to the sixteen qualified buyers present. (see copy of Conditions of Sale attached as Exhibit "8"). -3- 12. The highest bid attained at the public sale was Seventy Seven Thousand ($77,000.00) Dollars a check in the amount of Seven Thousand ($7,000.00) Dollars for the down payment is being held by Elmer Murry Auctions pending Court approval to sell the said real estate to the highest bidder. WHEREFORE, the aforementioned limited temporary guardian of estate of Winifred D. Chronister respectfully requests this Honorable Judge Oler enter an Order directing the sale of 6303 Brandy Lane, Hampden Township, Cumberland County, Pennsylvania (Parcel No. 01-21-0273-411) owned by Winifred D. Chronister "AS IS" in the amount of Seventy Seven Thousand ($77,000.00) Dollars. Date: ~('~l! ~( Respectfully Submitted: 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 : ~~~ ~~ c~ KEYSTONE GUARDIANSHIP SERVICES r1 ~~~ Constance E. Stoneroad 115 West Broad Street P 0 Box 804 Elizabethville, PA 17023 Office (717) 674-5757 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 August 21, 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 Pau11, Care Manager 16 West High Street - Suite 100 Carlisle, PA 17013 Kelly Whitten Cumberland County Assistance Office 33 Westminster Drive P O Box 599 Carlisle, Pa 17013-0599 n August 21, 2009 Constance E. Stoneroad Keystone Guardianship Services 115 West Broad Street P 0 Box 804 Elizabethville, PA 17023 Office (717) 674-5757 Ce11 (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 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 ~~~ ~ C ~J 2009, -r- of a true and correct copy of the Petition to Se11 Real Estate which was filed for the above-captioned guardianship. Cumberland County Aging & Community Services Agency 7 ~ n ~, ~ 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 does hereby worker for the above-captioned Guardianship, acknowledge that she accepted service on $~~.~!~~~ 2009, of a true and correct copy of the Petition to Sell Real Estate which was filed for the above-captioned guardianship. Kelly itten Cumber and County Assistance Office 33 Westminster Drive P 0 Box 599 Carlisle, Pa 1`1013-0599 ~. ~. ;'u Y fn Testimony wherof, t hereunto ~~' set my hand and the anal of said Court at Cart15te, P ~ '3 arSS Eourt IN THE COURT OF COMMON PLEA OF IN RE : C a~ oft a Orph County; COUN'T'Y , FENNSYLA :.o -,-, : , Ouir~~,r3~d Cv~+IBERLANDOURT DIVISION . ~ ~ c ' ORPHANS '? -~ ~ ~ ~,- . -; -_~m ~ WINIFRED D. CHRONISTER -''~~ w , An Alleged Incapacitated NO 21_09-404 ORPHANS COUF~`£~~ ~ ~ _ __ -;b_;~ Person OF PERMANEI`~T G~I'~OF - - _ IN RE : PETITION FOR THE APPOINTI`'iENT _ N AND ESTATE PURSUANT TO 20 P.5. SECTION ~ 511 THE PERSO ORDER OF COURT 2009, upon AND NOW, this 26th day of May, onsideration of the Petition for the Appointment of a Plenary c _. _ Guardian of the Person. and Estate with respect to Wini~~ewh~ch Ms. Chronister, and following a hearing held on this date ~- ointed counsel, Grace E. Chronister was present with her court-app and at which evidence was presented by the D'Alo, Esquire, 'oner in support of the Petition, and based upon the foregoing Petite Chronister is an Findings of Fact, the Court finds that Winifred D. hated person, she is consequently adjudicated as such, the ir~capac and Community Services Agency Aging Petitioner, Cumberland County erscn ar_d estate, is appointed permanent plenary guardian of her p - ointed limited and Keystone Guardianship Services NPC is aPP orary guardian of her estate for the purpose of handling the temp sale of her home. uardian. No bond shall be required of either g The guardians shall file on a timely basis with t=~e wired by statute. Court all reports and accounts req Petitioner is granted the payment of a guardian fee tc ercent of Winifred D. Petitioner subject to a maximum of 10 p onister's gross monthly income or $100 per month, whichever is Chr less. The Petitioner is further directed to see that Ms. Chronister's cats are maintained in good health. ...7,L Winifred D. Chronister is hereby notified of her right to appeal to the Per_nsylvania Superior Court from the adjudication cf incapacity herein within 30 days of its entry and petiticr. at any time for a modification or termination of the order. By the Court, Cyr Q J,. Wesley O r, J ., J• Anthony L. DeLuca, Esquire ror the Cumberland County Aging & Community Services Grace E. D'Alo, Esquire Court-appointed for Winifred D. Chronister :pcb IN RE: WINIFRED D. CHRONISTER An P_lleged Incapacitated Person IN THE COURT OF COMMON PLEP,S Or CUMBERLAND COUNTY, PENNSYLVANIP_ ORP~IANS' COURT DIVISION NO . 21- 0 9 - 4 0 4 ORP'rIANS ' COURT IN RE: PETITION FOR THE APPOINTMENT OF PERMANENT GUARDIAN OF THE PERSON AND ESTATE PURSUANT TO 20 P.S. SECTION 5511 Before Oler, J. OPINION and ORDER OF COURT Oler, J., May 26, 2009 At issue in the present case is whether v~in-~fred D• Chronister should be adjudicated an incapacitated person or. 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 tempcrary 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. Tree 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 nigh 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 tc meet essential requirements fcr 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. g. 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 cf the allegedly-incapacitated person. 10. The foregoing Findings of r^act 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 501 et sea. The Petitioner has substantially complied with these provisions, and based upon the foregoing Findings of Fact the following order cf Court will be entered: ORDFR OF COURT AND NOW, this 26th day of May, 2009, upon consideration of the Petition for the Appoirtmer_t 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'Ale, 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 $100 per month, whichever is less. The Petitioner is further directed to see that Ms. Chronister's cats are maintained in good health. Winifred D. Chronister is hereby notified of her right to appeal to the Pennsylvania Superior Court from the ad~~sdication of incapacity herein within 30 days of its entry and petition at ary time for a modification or termination of the order. By the Court, s/ J. Wesley Oler, Jr. J. Anthony L. DeLuca, Esquire For the Cumberland County Aging & Community Services Grace D'Alo, Esquire Court-appointed for Winifred D. Chronister :pcb ~ortr~w~.,arb owe, 1Mp ~ocraWP~-+MM~ te. Pllelen~m,e+ea Karr ,W I, rne. Inelwe, h ,, , ~~~~ MADE Tr{B d-~ ~ ~` 5° o/ omlerd arts lhonaae+d tiers herndrsd eigh~ Cwo (1982) in ~ ~r 1tE'rl'W.E6N JOHN E. CAAONISTER and WSNII'RED D. CHRONzST6R, his wife, of kSampden Towoahip, Cumberland Covncy, Penneglvanie, GR1N70RSter ANO WINIFRED D. CHRONiSTER oL 14ampden Township, Cumberland Couneq, Prnnapl- v~nia, hereinafter ~~//) GRANTEL• "/ ~ N w m / c~~~t ~ S 0 ,-.~~oy o o~~ ~ 4 ~ ~ ~ o • ~VS~ ~ °. yo"}'J`~ha surd pa.t, WrT1YSSSAI7•s, chat the so+d vow Ie5 n! Ilan li~rgt prMt, for raid ca oonefdeF • atlnrr.oi~oavar-ot One sad --------'-'----~------------------------- ~ ------------------------------------------00!100 (51.00)-------- AolLare. - favyjxl mmeay of fhe Un{!ed Slntea of America mto vrtlr arr. lnrLy paid by then aa4l Tar! y of th.a rteoo~nd poet, a! amd betnro the asat(rtp sand dni:vsry of Cheat greaeata, !hc rrosipt w"hn-aof is hernOG aoknmo/edQed, granted, ba~yo{ned, sobd, aliened, mefrto$sd, rnkoaed, eoaurtyed a+rd confirmed, sand bt/'thase pttasnta ~ prose, barrpafm, rreR, olion, er-teo$, r'sleaao, corwsy wed oanJ7im unto the aa4d pwt y of the ' eaeartd part, hgr hsis. aged asa:pru, A;..L that certain lot of. ground sir_u~to in Cho Township o~ klampden, County of Cumberland and State of Eennsylvania, more particularly bounded snd de- scribed na follows, to wic_• SL•GINNING ec a point on the Northern. side of Brandy L:+n¢. at the diviflina lino between Lota Nos. 26 and 27 as shown on L'he hereinafter mentioned Plan of Lots: thence along said dl.viding Line between Lo ca Nos. 26 and 27, North 46 degrees 45 minutes Weat, a distance of OnP Hundred fifty (150) feet to a point on r_be dividing line between Lots Nos. 26 snd 28: thence along thF 7.ine ci;.viding Lot No. 26 from 1.ota Noa. 28 and 23, 5ouch 49 de.g,reea 15 mY.nutea West, a distance of Ofie Hundred (100) feet to a point, thence along the diva- ding line between Lots Nos. 26 and 2S, Sout1, 46 degrees 45 minutes Eaot, a di.etancE of One Hundred Fifty (150) feet to a point oTthc Northern oicle of Brunc(y Lane first mentioned above! thet+ce rslong said Northern aide of Brandy Lane. North 43 degrees 15 mi.nutea Leac, a distance oL- One Hundred (100) feet to a point on the same at the divid;i.ng 11ne berwe2n Lot's Noa. 26 and 27, the point and Place of SZGINNING. BEING Lot No. 26 on a Plan of Lota se Lsid o+xe for Raymond Braekbill and wife by W. G. [Lethal, Registered Surveyor, on April 11, 1961, and recorded in ehs Of•.£ice of the Recorder oL' Deeds in and ;Eon Cumberland County, Pennsyylvania, in Plan Rook 12, Page h0, and hav:Lng thereon erected a ranch type flwe111np, house known as and numbcr.ed 6337 Brandy Lane. T3LING the rtarno premises which John 1C. Landis az~d LLLLian M. Landis, hie wife, by deed dated October 6, 1972 sad rECOr.ded in the Office of the Recorder of Doeda is and for Cumberland County in Dccd Book "v",.volume 24, Paga 830 granted and conveyed to John F. C roniater and Winifred D. Chxoniater, Grantors herein. i)NDER AND SUBJECT, nevertheleRe, to a utility easement Ten (10) feet in width over, under, across and througl, clue Northerly Ten (10> feet of said Lot No. 26, including the riRbt-of-waq and easement of prior record tot the installation snd mainten1nec~ of a water Sipe line within said width= Zen (10) fast excen.d- ing L•rom Lot No. 27 on the GA3C to Lot No. 25 on the Weat. AND FURTFiBA, UNDER ANA SUBJECT, co the building and use restrictions recorded with Chc Pleas of Lota aforesaid and of prior record. OOOI~J ~ SCE 3~4 (see next page for additional .provision;, r~' ~ i Said renl estate in being conveyed to the Grantee, Winifred D. Chroniater, for her eo~e and ceparace u9e and enjoyment with full prnrer to alicnaca, morcgago or other~ioe dispose of the samo by deed, mortgaRC or sill to the exclusion of ery right, title or iz,cBr.¢st o£ her husband, John F. Chandiall heroin. Husband furthor releaoea and vaivco by thin cottvcyance any claims which he may have undoz the enuitablr distribution provisions of chi PennsylvRn,'~a Divorce Ac L' of July 1, 1980. T'hie ¢onvcpencc ie betwoon epoueon Red is tEierofota e7ccm~pt from payiornt of tenlty tLnnefet taw. :1 ' Mobx ~j29 rncE 375 ' ~ ri innero~ nnin rni in~rv tr.or a ~oa~nnti~. _ Pone ~ ~ TOGETEf15R with aII anuf. aln.prlar, tlut laid property, i'rnyrovemonte, vlmye, toatere, vaCer tovreea, rlphla, tibsrfiea, 9rivitepnA, hrreditaments and ¢ppvrtmeanosA v,lwlaoavor thrrn/nlo bo- tevytnp, or in amuwiee afrnr,.tainine, amt tho ranereti+no atut roynaH+da+A, rmt>t, iaAVaA end A+'of1~A eht:rao/, and olt the aetatc, rfjfhf,, tltte, intereet, propo+ty, eLcf~m and devwAld mhaeaoavar, o/ the sa+d ~~ e e of the 14rst Tart, in law, Deafly or othanutee hov,earuar, of, (n emd to the ean~o nrvt e'uery pa+t thareoJ. 70 HAVE AND TO HOf.D the Aaad hared4hmaenM and vramiaar hereby Orantod er rnanClonod, and intended eo to be, with Cha appurte- nnneaa, arnto tho said part Y o! the eaeond yart, lter heirs an~l a~lr(D'nn. Co and for the onby prayer aae mvt hehee/ o/ thrt said, yo+t Y of the aaoond part, er hrt(ra and aefripna Joe+ever, AND Ehc acid ptrfAttor 9 h,trrtby aovanani and apraa that LheY vrfJ[ war.ant ienerallY the property Anreby ooaveyao: !N WlTNS33 WSERICOF, the ea+a part L89 of the h+M, yart ha Ve to 6hcaa pre.anta eat theiptenr)A and eral9 . DnteA Cho day emd yeor fist o s u>•,ittan. gtgnto, 6+talta ono faeltnEtta _"" '-"' "'"70 "'' tilt ~flPteMtt of S"" ''" C~ir DiaCer ~~lC/'C~a0 ~ S+'~ 7.L11 c ron>_s'E¢`i°"'_._._~....,e.L f ~ ~~J ~ ~._ .....~.. r.va.% ~~~,4~~G° to ~~ e~urJ C _..~_,..__., .._......r~._.._~_ smu. Beare of PENrr&ylvnlvlA CovrfL~/ of CUMDe',RLAND On thi,t, the o~ 3 riay of t!u! vndtrsiyaed oj~cer, yersonelly apf,aarad ee. o , 1982 , baforo ,lac, JOIiTI P. CLiRONISTER knouln eo me for RaNaJncseriiy fl-WClI) t0 he the paseon v/hoee eaten IS eYbecriLed. Co thi: i:--e'.'•, arithin efaAfincmeal, neat aelftw>tufedgrd UtaC HCs rtzccatad ammo for lhn plarpo~n +hMt'bin~r =y eontrln vritneaA whereo ! heraundo net ° ~'''''~~ .. JS• .' '~~~5-KV', f, mlhand a$'. IJ~t F\ai. ~ ~I ~ .` ~,~.',f_;',;~ro1~',:~ -. _.• 9HAN•N S.:OHICK. R~id~y~,~~',,. ' f 8totrt of PENNSYLVANIA ~ C auto, Cume"rlerd Cc„ Pn. " .. ~ `~ ~, " Aa, My Irlon FJipiry Avpvnl 77, IC9~~•'~~ Comfy of CUt~ERLAND On ehie, Chs ,'~'~! day o/ `~mace~i , ]D 82 baJora ane, the vAtderl~ft~ed oQtcer, pnaet~ally mfrpaarnL WINIFc~'D D. CRRONISTL'S klwrum to ma for RattBfaatorify 9+mlr'nJ to Le the pereon whose naeae S suhnert5ad Eo•tfoti:: ~~~" wtt]tin hrrt'rumenC, mnd o»knautsdoad thot StiE executed earns Jor the pierjlort.a Ejirratli. ~'y fn v>;bglaa ruheraoJ, I herau><to eat my hand and o/jlelnl trtaL f ~ ~~~: ~ ~.4':, , ~,~ ~~' ;:.' i=;`, n :,, ~;, .r,.,. ~ J: ~~ •r. • Ni.C"c'8r'"">72Y:d'c `.'J',i~:"'!'F': c;9;,rv .~'.•~r ; L.•i ~, ~ ~. licmtw,, Perttryl a:Aif AYna~doa of NoW,leTl~ a~~~,••.. ~\J ' I do ha+abgr eerriJy t the praelao residenea ma . oomp•(a noel o a n/ the toitA(n na+ned Q+atetae ii- G 3 + 3 dd~raee~ •~ >v~ o~~...a ~ ~~~ ~, /"A X7.5 i aeeo„acv Jor -~~ .~. d /TJ~s ~oo~„j2s vhcf 3?s .. ---r'---......._ .____ ---.-- ...._~...~ f l IeARFRI ONfI (".l'll IN1ti Inet u ~ an~nn,~ , . Rine z Facet9Jin Screen Print for rscdeeds, from "CAMI~_Login" 6/24/2009 11:49:40 AM CTJMHERLAND COVNTX A9SESSMENT OFFICE 2CONTROLE# A10008291 NEIGFIBORgOOD: LO60 DISTR2CT: 10 - HAMPDEN TOWNSHIP I9hort Name CHRONI9TER, pTID7IFRRD D ILAST NAME CHRONIgTER IFLRST NAME g1INIFRED D ~C/O NAME Ip,DDRESSl 6303 BRANDY LANE Ip,,DDRESS2 IP03T OFFICE: MECHANICSHURG 19TATE 6: ZIP: PA ].7050 situs: 6303 BRANDY LANE Prop Descr.ip.: FORREST ACRES LAND DE3C: LOS 26 PB 12 PG 40 LAND USE TXPE: 101 DEEDED ACRES: .34 SD: 4 PARCEL: 10-21-0285-098. ---~ SPEC ID: LOT: L-0026 ~---~ Tback: _~ PROPERTY TYPE: R : ~ SALES I ~ DEED BK/PG.....00293-OD374 I i ~ DATE OF SALE...03/17/1982 I 3ELLINO PRICE: 1 I I -- ~------CURRENT VALUES---1 ~ ,Assessed Fair Market I FMV - 100890 L - 18450 C&G - B - 82440 I I aPFroved? -> T - 100890 I Enter Selection > Record: 29809 Screen 1 Mode, F -Forms. I -Image Number -Switeh 9creons, 7C -ESCS.t, J -Jump Down Arrow -DText Entry, IIp Arrow -Frevioue Eatry, ? -Screens, B -Browse EXH t B (T "3" stn , ~81fy So~n~lr ~y ~/~~~~y ~~'~` ` Y~~1.7~ ~ 7ViT~Viip ^ 9-~EUrt. F~1 17'1 ~ ~~C:7~ 7- X40 - f 3 y~ ~y 5~ur 6 ~ a rc ~ P.•r `(~ ~ l 3UN~M/,-~Y SHIED- Ste, tea: ~ a a-3 Co/, ~ l 9 ~~~: ~ ~ P ~~: ~r~~ .Dn~~s; ~~~- S~oa~~ 1tr~~~o~: ~.~ ~~6 nu~~r: a ~ ~ a I - v~ ~ 3 - y~/ ~ ,rte v S; Sa., ~r~a EXHIBIT "4" ~J1i10 OA ~~ 'r . ~ ~OA A'01C~10 ~L1ll~~IIN:' 1-~s N Ndr 81'14M~ !N PlNL1C ~ ~-iNkQJIi~ fN< liii~' ~~~ E'NDOWD®. I,y ;All®~/A1~~~~1r ~ D~1~1~Ft WI~~®-DM1~LO®~, Nr/W:,/1pCi~~IINE ~f~NB1f~ ~110N OF P~ ~ A!!Nr'LN~~1F fNM!~fT'~J A~L~~ 110f~aii~MC®B. LAEIOii OR lNyNTO PONN~R.~Iill~WlNr Aft 1~ WITH. 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C'a~IW®. 76~~~'F70A~ L• OPAL NtiNB !~` 1e~ Pt,NtiQ I1~~i P i~~i8 N AMID TO'~lsia' RiCiRInN 0~71f8 PEINrY~i~ LYi~i W~i~4N~ a®i~71~16 i~Af~ 17j 01= i~Dlt#~ OO~EJr118 NOr 1~ II~Ot~RAOY Ofs Pi0/~Ir CFTI~N ~1[I N~ aNT1'If.B - L CHAIN SHEET Deed: ~ ~-`-t ' ~ ~ ~ Grantors: ~ U V1,J K. ~"'~ ~ 3 Dated: ~l7-(0 ~~' Recorded: 3' ~~-~ a' Grstee: ~ U~~ ~• ~ ~, '~ , ~' e ~ `~ Amount: ~ '~` Restrictions: Yes oz No Description: Deed: Q ~ ~~ ''~~ I C}rantors: ~y ~T o~ ~ m ~~g~a,. ~ f" t; • ~o ~~1~ ~• l Dated.: ~ ~ +~ - '- ~- r' Recorded:'~-~-~'~a ~ u t^a tL_ ~~,: S Grantee: Amount: ~ ~ S c~ Restrictions: Ycs or No Description: Deed: <<.\5 - 3 ~~ Grantors: L r~~ ly (-~- ~,~~ti~~1 Dated: ~' ~,~-~, -~ `I Recorded: c1.~ ~ 5 Grantee: '~-y -''` o ~' ~ + °"'„" ~ ~ ~ ~ ' `~ tr h-c ~e~' l Amount: ~5, ~~~ Restrictions: Yes ox No Description: Deed: ~ (~ ~ ~V 1 Grantors: n'I p/s' ~r ~/ C - ~ P s s Dated: 3- ~ - S ~ Recorded: '~- + - s' Grantee Amount: '3~, v..._., Restrictions: Yes or No ~G- Nov 3--at~~, ~.3 3 -- d-`a ~~-3 Descripti on: /~1'1 p~~iv C_ ~rss EXHIBIT "5" IN RE: WINIFFRED D. IN THE COURT OF COMMON PLEAS OF CHRONISTER, An Alleged CUMBERLAND COUNTY, PENNSYLVANIA Incapacitated Person ORPHANS'COURT DIVISION NO. 21-09-404 ORPHANS' COURT INRE: PETITION TO SELL REAL ESTATE ORDER OF COURT AND NOW, this 20`h day of July, 2009, upon consideration of the Petition To Sell Real Estate filed by Keystone Guardianship Services, and it appearing to the court that an appraisal would be advisable in this case, the request that the real estate of Winifred D. Chronister be sold for $50,000.00 without a qualified appraisal is denied, and it is recommended that a realtor qualified to appraise the property be engaged, with a view to possibly listing the property with that realtor if the appraisal seems appropriate. BY THE COURT, .i ?.~~ ~ ~ .~ J.~J esley C~l,~r, Jr., J. K stone Guardianship Services ~~stance E. Stoneroad ~ 12 Market Street Suite 2 Millersburg, PA 17061 Janet Paull, Care Manager Cumberland County Aging and Community Services Agency 16 West High Street Suite 100 Carlisle, PA 17013 ~ TAUfw COPY AAOiVI AECOA~ In Testimony wherof, I heKeunto sat my hand and the seat of said Court at Carlisle, PA~ '~-' T 's c.~.~ day of 20;,;~ O ~~ ~~_ CI rk of th ,Orphans Courc~>: rn r.~ - Cu Berland Coun~y~-~~~-; ~, _ ~ ~' ,~ ~,, ., T_ =~ - _ ~ -, =-+ - : - ;~ , ~- r Kelly Whitten Cumberland County Assistance Office 33 Westminster Drive P.O. Box 599 Carlisle, PA 17013-0599 Grace D'Alo, Esq. 530 Greason Road Carlisle, PA 17013 Court-appointed Attorney for Winifred D. Chronister ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: WINIFRED D CHRONSITER, AN ALLEGED INCAPACITATED PERSON CUMBERLAND COUNTY PENNSYLVANIA NO. 21-09-0404 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 07/20/09 JL~GE'S INITIALS: JWO TIME STAMP DATE: 07/22/09 IN RE: ORDER OF COURT SERVICE TO: KEYSTONE GUARDIANSHIP SERVICES GRACE D'ALO ESQ JANET PAULL CARE MANAGER KELLY WRITTEN METHOD OF MAILING: ENVELOPES PROVIDED BY: ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 07/23/09 SERVICE TO: ® PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT METHOD OF MAILING: ^USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY ^ PETIT'IONER ^ JUDGE ^ CLERK OF ORPHANS COURT ~~ 1 ~. ~` Deputy ~ i ~ Clerk of Orphans' Court Carl Snyder 3703 Peters Mountain Road Halifax, Pennsylvania 17032 Business (717) 896-8808 Fax (717) 896-8945 August 19, 2009 To whom it may concern: Based on the inspection of the property located at 6303 Brandy Lane, Mechanicsburg, PA. 17050. Tax parcel #10-21-0285-098. After completion of my market research, I have established a value of $64,000 as my appraised value, based on comparable sales in this area. This appraisal was prepared by a licensed Real Estate Broker/Appraiser and is not an appraisal under the Uniform Standards of Professional Appraisal Practice. If you should have any question, please feel free to call me at the above number. Sincerely, l~ , ~c. Carl E. Snyder, GRI Broker/Appraiser RB-003368E Each Off~~~~~e?tly'~i~cf and Operated . COMPETITIVE MARKET ANALYSIS FORM (FNMA) This CMA was prepared by a licenad real emote brnker~/j~R,g/s~je and is oat an appraisal under the USPAP. Client Name: Conformity to Neighborhood: ^Fxcdlent o. Inspection Type: - -. ~ CMA Is Subje~ Property Vacant ? Yes. ^ No Actual Inspection Type:Accessed ^Drive-by Neighborhood- ^ Urban ~Sut Case No.: , ` Is Subject Property Currently Usted for Sale? ores Borrower Name: W / N / f'R ~s-D e ~Q n/ l S 1-~- StreetAddress: ~p.3e3 aR>~A~ ~L)ti/ic; City: //JG~~J+v/('i~~iJ>e ~7 State: PA Market Data For Sub'ed Pro er r Type Monthly HOA Few (if applicable): b Subject Property Type: 'ogle Famil ^Condo ^ 2 Family ^Manufariured /Mobile ^ Land Only ^ CRher Marks Conditions : ^ Excellent cod ^ Slow ^ Depreaed Urair ^Paor ^ Unknown n ^ Qural Zp: /~®So Inventory: ^Shortage n Balance ^ Over Supply Values Have: ^ Increased ~ % Over Pas[ 6 AAonths / ^Decreased % OveQr Past 6 Months emained Stable For Past 6 Montlrs Price Range of Active Listings in Neighborhood.: From 5 (~ 9 9 Q ~ To S ~f ! 9Q~ Please provide a desviption of the subject property, inducting any positive ornegative features. Also the eighborhood an how e subject. fits in. Indicate it any REO/B~nk owned sold omnps u~~d and why n to use: ~ R/ ~. .l 0 2. Lp Q/ aJ W OC (JA,.p !~ 1'" S/ nl y1 0 S V i aJ ~ - (I W t1.v ~ `~ ITEM SUB ECT Address Q Q ~ ~ SOLD COMP #7 SOLD COMP #2 SOLD CO P #3 Distance from Subject::=i: ";-<::::;:_?::i:=::>:;:;`:yi:~::i=::> ..~ ~ : $~ /// a ~ - ~ List Price 8 0 D s 40 M ~ D Sale Price b O S~ ~ d Date of Sale Q ~ ITEM M D k DESCRIPTION DBCRI N $ ADJUST D PTION $ ADJUST DESOttPTI N $ A JUST ays on ar et r Time Adjusunent : . .::.; •::::••. •~.:_;. :..:c• :;;•; Lo[ Sze /View 0. ~~ / ' )~G • ~ ~ ~~7 ., r, ~ Location ~-v ~V ~ ~. J Age (in Years) Condition /Quality Q.~ Q~ /~ 6fl ~ - ~ !~ _ Q /~ G~ ~O® Above Grade Cross Square Footage 9 ~ Q ) ~~a / `~~Q hlj ~-/ 7 Q ' ~.5~) ~~c~~ ~~~1 Rooms/Beds/Bath ~ 3 a ~~ - l / ! Basement/ Finished Area ~~~/ S L ~" F / CIL~ D _ _1,noCj ~" ~UC ~ /O ~at7 ~ ~ © -ioa~ Hea[ingJAir W n ~ l.~/iJ,J ,Y O.S N6AfC Sim ~ AJf1~6, y'- ~^ Garage, Carport, etc. (-~ B I' /\ ~~ /` / c D~,T, -Sao ~, ~ ~,~- ~ ~ ~o % C ~d7` ~saa Amenities (Porch, Patio, Pool, peck, Fence Fireplace etc ) ,U ~, N ~C--~ g R L, -~ j~~ ~C~t~ ~~ ~"~iQLI®" ~` ~ -)~,~~ T ~e,PG/,7' ~[~ ~,~p`!s ~Q(I~ , , - , ~ _ Style/Finandng Type/ ~ ~Tl C~~- ~ ~~~~ ~ ~~~ ~ / ~-'~T Other G3 ~ N / ~ ~~ ~[ Total Nei Ad'ustments S _ _ - 6©Q it -s-s-~ o - o i s~ o Indicted value of Subjeo = _ 7 (~ Q Q / ~ ^ ,['- Q W ~d Normal Markel Time for Subject property Type: C7R-' months (no ranges please) Recommended Normal Market Time: Recommended Normal Market Time: AS IS List Price: S -~, REPAIRED Ust Price: E AS IS Sale Prirn: S CO Y E~ ~ ~ REPAIRED Sale Price: S 1 agree: (1) to keep the property addresses, name4 and telephone numbers of the owners and omtpants and a{I other intamatlon provided to me m conjunction xAth my services fa ~ ~ - confidential; (2) to protest such infonnatim against unauBrorized access and use; (3) to use such Brformatian sdely fa the purpose of completing the sevices - . (.~ not to disclose suclt intamatlon to arty person other than as required to provide the services, a with ' ~yf aria crosent, a as required by applicable law a fir; an ton ty M8 ° ecame a of any unauQtaized use a cLsdosure of¢supch mtamation. Completing Agent: DD Phone: ~) 7 ~~ U O d (1 paw: J Q 9 Fonn fl71-80117 (5105) Page 1 of 2 Status Sold Type Detached City Mechanic SO: EXIT PLATINUM PLUS REALTY CLD:9/10/2008 Flood Zone No 4727 E TRINDLE RD Area 6 17050 Home to be Built Mun Hampden Subdivision Dir FromFrom Camp Hill West on Trindle Rd, Property on Right. Tot Sq Ft Above Lot Dim Design Cape Cod Bsmt Full, Unfinished Virtual Tour 1121 Square Ft Source Acres 0.3800 Style 1.5 Story Parkins # Br 3 # Bth: F1 Level Bth: F Room Lvl Dim LR Level 1 DR FR DEN KIT Level l H 1 # FP 0 H Room Lvl Dim MBR Level 1 BR1 BR2 Level 2 BR3 Level 2 BR4 BR5 Sch Dist Cumberlanc County Cumber Public Records Year Built /- 1968 Const Other 1 Car Garage, Detached ax 1035 Year ndo No Fee vrg LP; $85,000 MT 34 Finc: Conventional SP$ $78,500 Quick Links iD 10162928 No Square Feet Below Ext Aluminum Misc. Room: Cool None Heat Other Aux Heat Wt Swr Public Sewer, Public Water Ext Feature OR 1 Equip Smoke Detectors OR 2 Dining Eat-In Kitchen OR 3 Bring Your Paint Brush and Start Building Equity! Needs a New Roof SHO: Call List Office LBX None LO PRUDENTIAL HOMESALE SE Office: (717) SAC 0 BAC 3 TLC 3435 MARKET STREET CAMP HILL PA 1; LA CARY LOYD CELL: (717) 648-5472 clovdC~orudentialhomesale.com ~ 2 LT Exclusive Right LA 3 OW http://cpml.fnismis.com/Paragon/search/Reports/Report.aspx?view=29&layout id=%2071... 8/19/2009 Page 1 of 2 Virtual Tour Status Sold Type Detached City Mechanicsb SO: WEICHERT REALTORS-FIRST CHOICECLD: 7/23/2009 Flood Zone No 2432 S Market Street Area 6 17055 Home to be BuiR Mun Upper Allen Subdivision Dir FromFrom US-15S; Take PA-114 Exit; L/PA-114 (S. Market St. Tot Sq Ft Above Lot Dim Design Ranch Bsmt Full Unfinished # Br 2 # Bth: F1 Level Bth: F Room Lvl Dim LR Level 1 DR FR DEN IaT Level 1 H 0 # FP 1 H Room Lvl Dim MBR Level 1 BR1 BR2 Level 1 BR3 BR4 BR5 MT 1 Finc: Cash 10181302 No LP; $64,900 SP# $64,900 Quick links ~} 0 Sch Dist Mechanicsb County Cumber Public Records Year Built /- 1947 Const Stick Built 2 Car Garage, Detached, Off No Fee Square Feet Below Ext Aluminum Misc. Room: Cool None Heat Oil, Radiators Aux Heat Fireplace W/Insert Wt Swr Public Water, Septic Ext Feature Porch OR 1 Foyer Level 1 Equip None OR 2 Dining Eat-In Kitchen OR 3 Ranch home in Upper Allen Twp, has FP w/insert in living room, 1.1 acre lot, & 2 car detached garage with furnace & 2 shed: is being sold "as is". Please see Associated Documents for required instructions and addendums and Showing Assist for show instructions and lockbox combination. SHO: Show Any Time, Lockbox, View ShowincLBX Combo LO WEICHERT REALTORS-FIRS Office: (717) SAC 0 BAC 2.25N TLC 4206 LINGLESTOWN RD HARRISBURG PA LA STEVEN SCHEIB Phone: (717) 652-3500 sscheibC~weichertfirstchoice com ~ 2 LT Exclusive Right LA 3 1740 Square Ft Source Acres 1.1000 Style 1.5 Story OW http://cpml.fnismis.com/Paragon/search/Reports/Report.aspx?view=29&layout_id=%2071... 8/19/2009 s- Page 1 of 2 Virtual Tour status Sold Type Detached City Mechaniaburg LP; $109,900 SO: HELP-U-SELL DETWILER REALTY CLD: 5/22/2009 MT 1 Finc: Cash SP$ $73,000 Flood Zone No Quick Links ~ ~ Q 827 HERMAN DR Area 6 10177425 17055-5734 Home to be Built No Mun Upper Allen SubdivisionCenter Square Manor Sch Dist Mechanicsb County Cumber Dir FromRt 15 South to Lisburn Exit, R/Lisbum, L/Old Gettysburg Pike, L/Herman, R/Driveway between both homes. 827 s Tot Sq Ft Above 1320 Square Ft Source Lot Dim Acres 0.5600 Design Ranch Style 1 Story Bsmt Partial Parkinc # Br 3 # Bth: F 1 Level Bth: F Room Lvl Dim LR Level 1 16'5x14'7 DR Level 1 16'1x10'9 FR DEN Levell 14'1x10'5 IQT Level l 11'3x9'4 H 0 # FP H Room Lvl Dim MBR Level 1 11'3x8'8 BRi BR2 Level 1 12'6x6'10 BR3 Level 1 12'8x10'5 BR4 BR5 Public Records Year Built /- 1952 Const Block 1 Car Garage, Detached Square Feet Below Ext Block, Other 08-09 Setklemen No Fee ~, Freezer, Misc. Room; Cool None Heat Baseboard, Hot Water, Oil Aux Heat Wt Swr Private Sewer, Public Water Ext Feature Porch, Storm Doors, Exist OR 1 I Equip None OR 2 L Dining Dining Area OR 3 3 Bedroom, 1 bath Ranch home with detached 1 car garage on .56 acres. Home Features: formal L/R, D/R, kitchen, 3 bedroc den. Partial lower level w/washer/dryer and storage. Private rear yard. Garage has storage area and a summer kitchen. Base water oil heat, appliances are to convey, 5 windows replaced, roof 6 years old. Convenient to RT15. Home sets back off of H~ Drive. SHO: Call List Office LBX CPML LO C-21 PISCIONERI REALTY IP Office: (717) SAC 3 BAC 3 TLC 3315 MARKS? S'f CAMP HILL PA 1; LA JOE WASHBURN Phone: (717) 441-5404 iwashburnCa~c2loish.com ~ 2 LT Exclusive Right LA 3 OW http://cpml.fnismis.com/Paragon/search/Reports/Report.aspx?view=29&layout id=%2071... 8/19/2009 6303 Brandy Lane Page 1 of 2 Page 2 of 2 Loan #: Name: Contact: Address: Page 3 of 3 Loan #: Name: Contact: Address: EXHIBIT "7" O'!la/26C9 12:56 7177902?4~ RICHARD P MURR`l AUCT ?AGE 02?02 Elmer Murry Auctions, Inc. ~~ w , t<,1~1 ~~~ S Lititz PA 17543 Lititz, PA ~ 7~~2G.2636 • Fax 717.6~.~~, REAL ESTATE ti0N .aBSOLL'I'E - Si;BJECTAPPRO~i#L~ AUC'T'ION A.BSOLLTE - :VO RrSERVE ^ CONTRACT 1 (we), the undersjgned, hcrcnnaftn called Seller, hereby represent that 7 am, (we are`Nte awmei(s} in Ice of the pretniset ~ ~''" Q ~~~.. ~s~~ ~ ~' S ~ Yi.E CONSTRCCTION LOT SIZE 9GE,~COND. ROOF ~(~ BASH EMEN'i 47 POSSESSION ~Q, HEAT TYPE HEAT COST TITANS. TAR DEED REf T.qX MAP FQtE INS DESCRTpTION OF 41R COND. BLT M. RANGE 7lSIdWASk1ER ~' T~v. ANT~1M'. CABLE T.v. STM. WLND STM, DOORS DEC7C 7ATi0 PORCH ~' PL'B SEWER I SEPTIC TANK DR,1IId Ftb- ~ CESSPOOL ~. ~(iL~ or lmown as: ~ 3 0 3 ~ v l o ~. l } 1 J•ah E; 1-.l ~v'_~~t~ J h AlJlr..ri ! W. SOFTNER GAS DRAPES BLMDS TYPE N. HEATER PARO. SCHOOL ww '~'4 ~~ -~- CQ I t s '- Seller harsh empl~~ L h/~Kti. -"(~iareinader c~tluctjQq~omyany), to aeU property at Public Auction on the day of az o'clock~~'~~ sn,bject ro approval of Seller. ~. Seller agrees that in the event that the is offered eub~ivt into parcels Seller authorize. Aucti Company t . obtain surveys fox this pulp and oharge the cost thereof to Seller. J ~~Q ~ !tir^ ~ ~ ~ ~S ..~~ , M~ ~~ ~...~" n }~, f ~. Seller agrees to pay Auction Company a commission of~°o` of the total salt price of the property or parties doting the life o this agrccment. = l Such commisston shall be considered named when a pr crty exocuted agreement of sale has been dclivexed. _.{ ^.io Dtryer Premium. :- Seller autbonzc5 Auction Corrtpersy to advcrtisc the sale and agrees to pay up ro $ ~_'~' fox the cost o{{f -ad~vertising, 5. $cller agrccs to pay said wmmission ro Auction Company if them is at ]east uric t-mn bid in exc:css of b~~,~'~vilvtlttt~ndiag an election by the seller not to sell the propem. J,~ '. Seller agrees that in the event of a no sale decision or if the property is withdrawn from sale Auction Company shall be paid S ~ ~ ~i"r (plus the cost of advertising and any other expenses incturcd by Auction Carrtpany on Seller's beltalft. / ~ 8. Seller agrees if Seller enters into an agreement to fell or Sells said property or properties prior ro [he date fixed for sale, or within sixty days thereafter, Seller ;hall pay Auction Company the commission specified in paragraph 4 nbuve plus any costs that may be due from items 3 and/or S shout, Icss anything paid to.4uction Company as liquidated damages: sand ao Sion shaall,be paid whether or not the sale is negotiazed by Auction Company. 9 Auction Cotttpany agrees to J~ a % deposit at the time of sale by cash, check ox other' good and sufficient collateral, at [he discretion of Auction Company which shall he held in escro n behalf of all parties until final settlement or tetminanon of This transaction. l0- Settlement shall be made within days of she sale. 11. Seller agrees to provide good end marketable title, free and cleaz of all liens and encumbrances {subject ro all buildigg restrictions ordinances, easements, privileges oz rights of the public service companies and agreements vx Like matters of record) and suclt as will be insured at regular rates by a responsible title insurance company. t^,. Auction Company agrees to use its best effort to secure a buyer of the property or properties and to conduct the sale oa Seller's behalf. t 3 Scllor warrants the much of all statcmoats wntaincd hcxcin and that Scllcr has the right ro convey tide to said property. In wnncotiun with tltls warranty and with dtc sale in general, Seller agrees to indemnify and save harmless Auction Company for all expenses incurred (including reasonable attorney's fees} in defending any claim or td[igation involving the real pxoperry described above and based upon any representation abotrt the property or.~esctiption of the property suppliedAUCtion Compatay by Seller ~'~, 14. This written agreement constitutes the entire contaM between the parties. There aze no representations ar ~ exstan~gs other that the terms set forth herein. 17fe terms of this agreement may not be amended except by writing signed by both parties. i. This agreement shall be binding upon We parties hereto and their respective heirs, executors, adm stmtoz5,~ucussors and assigns. wTT*rESS our hands and seals this ~() a - e day of _ ~-. Mailvng Address Vame Zip Phone tArea Cade} Home (~~ ) of>;ae c"~ j7, ~i-~ P~b~ d ~~uc ioneer (} Lvlt EY Mechanicsburg, P.~~ 717-790-22401?h/~ax ww'w. richardmurryauc tioneer. tom email: richmurry~epix.ttet ZONING 11`1 (~- s WATER I -b ASSESSMENT SPRING T?,X SCHOOLiAX PL H. SCkI00L SHOWING T- S: Gv,~-Q•D ~ I ~ ~/~c 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 17055 DATE: August 18, Zoo9 @ 6:0o 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 denied a request to set a reserve. Therefore, 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 (ia~,ooo.oo) Dollars and shall pay the balance of the purchase money within forty-five (45) days. -t- EXH 1 B IT "8" 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 reserves the right to use and enjoy the said property- and receive the rents and protits 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 w-i11 deliver special warranty deed for the property sold, free and clear of all liens and encumbrances except present occupancy-; how-ever, 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 pro~zded, 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 t/? by the Purchaser and 1/2 by the Seller. 9. 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 other~cise specified. ~ t. The charge to record the deed and the title search will be the expense of the Purchaser. i2. 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 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. I-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 Order of Court Dtd 5/26/09 Constance E. Stoneroad, President Keystone Guardianship Ser~,~ices -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 wZt: BEGINNING at a point on the Northern side of Brandy Lane at the dividing line between Lots Nos. 26 and 2'7 as show-n on the hereinafter mentioned Plan of Lots: thence along said dividing line between Lots Nos. 26 and 27, North 46 degrees 45 minutes West, a distance of One Hundred Fifty (i5o) feet to a point on the dividing line between Lots Nos. 26 and 28; thence along the line di~lding Lot No. 26 from Lots Nos. 28 and 23, South 43 degrees i5 minutes West, a distance of One Hundred (ioo) feet to a point, thence along the dividing line between Lots Nos. 26 and 26, 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 2'7, the point and Place of BEGINNING. BEING Lot IV'o. 26 on Plan of Lots as laid out for Raymond Brackbill and wife by W.G. Rechel, Registered Surveyor, on April ii, i96i, 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. EXHIBIT "B" LEAD-BASED PAINT/LEAD BASED PAINT HAZARDS ADDENDG~I TO ACREE~[ENT OF SALE (FOR RESIDENTIAL DWELLINGS BC~ILT PRIOR TO 1978) D.aTE OF SALES AGREE~tE~,T: PROPERTY ADDRESS: 6303 Brandy. Hampden To~~nship Cumberland County Pennsylvania 170>j SELLERS: Key-stone Guardianship Services, Court Appointed Limited Temporary Guardian of V`v'inifred 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 notifies that such property may present exposure to lead from lead-based paint that may place young children at risk of developing leas poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduces 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 pain hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based pain 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 i~ located and as much information as Seller knows about the conditionj: [ ] 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. (lisl 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 yourFamilyfrom 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). [XX] 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. Page 1 of 2 Pages D If Seller 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 (42 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 information 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. When 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 r-- ,..~~~, ~ . ~/_, Date: ~ - i g -.~ ~, v Date: SELLER Keystone Guardianship Services, Limited Temporary Guardian under Order of Court Dtd 5/26/0,~p _~---; ,,~~_ ~.~ r~ ~,~~, ~ ,~f ~~ Date: ~ ~ ~ ~ _ Constance E. Stoneroad, President ;' Keystone Guardianship Ser~lces Page 2 of 2 Pages SELLER'S PROPERTY DISCLOSURE STATEMENT EXHIBIT C Property Address: 6~0~ Brandy Lane Hampden Township Cumberland Countyl Pa Keystone Guardianship Services, Court Appointed Limited Temporary Guardian Sellers: for purpose of handling the sale of the real property of Winifred D Chronister ~ seller must disclose to a buyer all known material detects about property being sold that are not readily observable. This disclosure statement is designed to assist Seller in complying with disclosure requirements and to assist Buyer in evaluating the property being considered. This Statement discloses Seller's knowledge of the condition of the property as of the date signed by Sr~.ler and is not a substitute for any inspections or warranties that Buyer may wish to obtain. This Statement is not a warranty of any kind by Seller or a warranty or representation by the listing real estate broker (Agent for Seller), the selling real estate broker, or their agents. Buyer is encouraged to address concerns about the conditions of the property that may not be included in this Statement. This Statement does not relieve Seller of the obligation to disclose a material defect that may not be addressed on this form. i. SELLER'S EXPERTISE. Seller does not possess expertise in contracting, engineering, architecture, or other areas related to the construction and conditions of the property and its improvements, except as follows: 2. OCCUPANCY. Do you, Seller, currently occupy this property ~ ^ Yes~No. If "no", when did you last occupy the property? L ~ 3. ROOF. (a) Date roof installed: Documented? ^ Yes ^ No Unknown (b) Has the roof been replaced or repaired during our ownership? ^ Yes ^ No. If yes, were the existing shingles removed? ^ Yes ^ No ^ Unknown. (c) Has the roof ever leaked during your ownership? ^ Yes ^ No. (d) Do you know of any problems with the roof, gutters or down spouts? Yes ^ No. Explain any "yes" answers that you give in this section: 4. BASEMENTS AiVD CRAWL SPACES. (Complete on y 'f applicable) (a) Does the properly have a sump pump? ^ Yes ^ No ~ Unknovvm. (b) Are you aware of any water leakage, accumulation, r dampness within the basement or crawl space? ^ Yes !^ No. If "yes", describe in detail: (c) Do you know of any repairs or other attempts to control any water or dampness problem in the basement or crawl space? !^ Yes ^ No. If "yes", describe the location, extent, date, and name of the person who did the repair or control effort: Page 1 of 6 Pages ~. TERitiIITES/FOOD DESTROYING INSECTS, DRYROT, PESTS. (a) Are you a~~-are of any termites/wood destroying insects, dry rot, or sts affecting the property? Yes ~~ No. (b) Are you aware of any damage to the properly caused bytermites/wood destroying insects, dryrot, or pests? ^ Yes ^ No. (c) Is your property currently under contract by a licensed pest control company? ^ Yes ~ No. (d) Are you aware of any termite/pest control reports or treatments for the property in the last five years? ^ Yes ~J No. Explain any "yes" answers that you give in this section: 6. STRUCTURAL ITEMS. ~ l~ (a) Are you aware of any pas ~ or present water leakage in the house or other structures? ^ Yes ~ No. (b) Are you aware of any past or present movement, shifting, deterioration, or other problems ~ti-ith walls, foundations, or other structural components? ^ Yes ^ No. (c) Are you aware of any past or present problems with driveways, walkways, patios, or retaining walls on the property? ^ Yes ^ No. Explain any "yes" answers that you give in this section. When explaining efforts to control or repair, please describe the location and extent of the problem, and the date and person by whom the work was done, if known: 7. ADDITIONS/REMODELS. Have you made any additions, structural changes, or other alterations to the property? ^ Yes ^ No. If yes, describe: fr}J 8. WATER AND SEWAGE. (a) What is the source of your drinking water? ^ Public ^ Community System ^ Well on Property ^ Other(explain). (b) If your drinking water is not public, When was your water last tested and what was the result of the test? Is the pumping system in working order? ^ Yes ^ No. If "no", explain: (c) (d) (e) (t) Do you have a softener, filter, or other purification system? ~~ Yes ^ No ^ Leased ^ Owned. What is the type of sewage system? ^ Public Sewer ^ Private Sewer ^ Septic Tank ^ Cesspool ^ Other (explain) Is there a sewage pump? ^ Yes ^ No If yes, is it in working order? ^ Yes ^ No When was the septic system or cesspool last serviced? (g) Is either the water or sewage system shared? J Yes ^ No. If "yes", explain: Are you aware of any leaks, backups, or other problems relating to any of the plumbing, water, and sewage-related items? ^; Yes ^ No. If' yes", exprla~in: g. PLUMBING SYSTEM. 1/~ /~-- (a) Type of plumbing: ^ copper galvanized ^ lead ^ PVC ^ Unknown ~ Other (explain): ?. are you aware of any problems with any of your plumbing fixtures (e.g., including but not limited to: kitchen, laundry, or bathroom fixtures: wet bars; hot water heater; etc.)"? ^ Yes ^ No. If "yes', explain: _ Page 2 of 6 Pages io HEATING AND AIR CONDITIONING. (a) Tyke of air conditioning: ^ Central Electric ^ Central Gas ^ Wall ^ None. Number of window units included in sale Location ~i 12 i3 (b) List any areas of the house that are not air conditioned: (c) Type of heating: ^ Electric ^ Fuel Oil ~ ~ Natural Gas ^ Other (explain): (d) List any areas of the house that are not heated: (e) Type of water heating: ^ Electric ^ Gas ^ Solar. (t~ Are you aware of any underground fuel tanks on the property? ^ Yes ^ No. If yes, describe: ARE YOU AWARE OF ANY PROBLEMS explain: ANY ITEM IN THIS SECTION? ^ Yes ^ No. If yes, please ELECTRICAL SYSTEIVT. Are you aware~of any problems or repairs needed in the electrical system? ^ Yes ^ No. ~ j OTHER EQUIPMENT AND APPLLAIVCES INCLUDED IN SALE (a) ^ Electric Garage Door Opener _ No. of Transmitters (b) ^ Smoke Detectors How many? Location (c) ^ Security Alarm System. ^ Owned ^ Leased. Lease Information (d) (e) (t) (g) (h) (i) (i) Lawn Sprinkler. No. ^ Automatic Timer ^ Swimming Pool ^ Pool Heater ^ Spa/Hot Tub ^ Pool/Spa Equipment (list): ^ Refrigerator ^ Range ^ Microwave Oven ^ Dishwasher ^ Trash Compactor ^ Garbage Disposal ^ Washer ^ Dryer ^ Intercom ^ Ceiling fans. No Other: Location Are any item in this section in need of repair or replacement? ^ Yes ^ No ~Unlcnown. If "yes", explain: LAiti D (SOILS, DRAINAGE, AND BOUNDARIES) V 1~, (a) Are you aware of any fill or expansive soil on the property. ^ Yes ^ No. (b) Are you aware of any sliding, settling, earth movement, upheaval, subsidence, or earth stability problems that have occurred on or affect the property? ^ Yes ! ~ No. (c) Are you aware of any existing or proposed mining, strip-mining, or any other excavations that might affect this property? ^ Yes ^ No. (d) To your knowledge, is this property, or part of it, located in a tlood zone or wetlands area? Yes ^ No. (e) Do you know of any past or present drainage or Hooding problems affecting the property? ^ Yes ^ No. Page 3 of 6 Pages (t) Do you l:now of any- encroachments, boundary line disputes, or easements? ~ Yes '~~ ~'o. Note to Buyer: 1~Iost properties have easements running across them for utility services and other reasons. In many cases these easements do not restrict the ordinary use of the property, and Seller may not be readily aware of them. Buyers may wish to determine the existence of easements and restrictions by examining the property and ordering an Abstract of Title or searching the rec,,rds in the Office of the Recorder of Deeds for the county before entering into an Agreement of Sale. (g) Are you aware of any shared or common areas (e.g., driveways, bridges, docks, walls, etc.) or maintenance agreements? ^ Yes ^ No. Explain any "yes" answers that you give in this section: i4. H.~7~IRDOL`S SUBSTANCES. ~ /~ (a) Are you aware of any undergroui d tanks or hazardous substances present on the property (structure or soil) such as, but not limited to, asbestos, Polychlorinated biphenyls (PCBs), radon, lead paint, Urea Formaldehyde Foam Insulation (UFFI). etc.? ^ Yes ^ No. (b) To your knowledge, has the property been tested for any hazardous substances? ^ Yes ^ No. (c) Do you know of any other environmental concerns that might impact upon the property? ^ Yes ^ No. Explain any "yes" answers that you give in this section: iS. CONDOMINIUMS AND OTHER HOMEOWNERS ASSOCIATIONS (Complete only if applica'_ le). (a) Type: ^ Condominiums ^ Co-op ^ Homeowners Association ^ Other (b) Are you aware of any defect, damage, or problem with any common element or common area that materially affects the property? ^ Yes ^ No. (c) Are you aware of any condition or claim which may result in an increase in assessments or fees? ^ Yes ^ No. Explain any "yes" answers that you give in this section: *Notice Regarding Condominiums: According to Section 340 of the Pennsylvania Uniform Condominium Act a buyer of a resale unit in a condominium must receive a Certificate of Resale issued by the Condominium Association. Buyer will have the option of canceling the Agreement with return of all deposit monies for five days after the Certificate is received. i6. MISCELLANEOUS. (a) Are youu aware of any xisting or threatened legal action affecting the property? ^ Yes ^ No. (b) Do you know of any violations of local, state, or federal laws or regulations relating to this property? ^ Yes ^ No. Are you aware of any public improvement, condominium or homeowner association assessments against the property that remain unpaid or of any violations of zoning, housing, building, safety or fire ordinances that remain uncorrected? ^ Yes ^ No. Are you aware of any judgment, encumbrance. Lien (for example co-maker or equity loan) or other debt against this property that cannot be satisfied by the proceeds of this sale? ^ Yes ~~ No. (e) Are you aware of any reason, including a defect in title, that would prevent you from giving a warranty deed or conveying title to the property? ^ Yes ^ No. Explain any "yes answers that you give in this section: Page 4 of 6 Pages The undersigned Seller represents that the information set forth in this disclosure statement is accurate and complete to the best of Seller's knowledge. Seller hereby authorizes the Agent for Seller to pro~-ide this information to prospective buyers of the property and to other real estate agents. SELLER ALONE IS RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION CONTAINED IN THIS STATEMENT AND AGREES TO NOTIFY AGENT FOR SELLER IMMEDIATELY IN WRITING IF ANY INFORIVIATION SET FORTH IN THIS DISCLOSURE STATEMENT CHANGES IN ANY WAY. Seller agrees to hold Agent(s) harmless from any and all claims arising out of Seller's failure to properly disclose any condition. DATED: ~ ~S .~C y ~~'ITNESS: SELLERS: Keystone Guardianship Services, Limited Temporary Guardian under Order of Court Dtd 5/26/09 T = ~,~ . ~~ ~~ Constance E. Stoneroa ,President Keystone Guardianship Ser~-ices Page 5 of 6 Pages RECEIPT AND ACKNOWLEDGMENT BY BUYERS Buyer acknowledges receipt of this Disclosure Statement. Buyer acknowledges that this Statement is not a warranty and that, unless stated otherwise in the sales contract, Buyer is purchasing this property in its present condition. It is Buyer's responsibility to satisfy himself or herself as to the condition of the property. Buyer may request that the property be inspected, at Buyer's expense and by qualified professionals, to determine the condition of the structure or its components. DATED: WITNESS: BUYER: Print ~ ~ Signaturef Page 6 of 6 Pages RECAPITULATION DOYti~1 PAYMENT: Seven Thousand ($;,ooo.oo)Dollars BALAI~i CE: DUE IN 4,; DAYS CURRENT YE.~R TAXES: PRORATED TR-YNSFER TAXES: 1% BUYER - i% SELLER BU"Y"ERS PREti1IUNI: 3% PAID BY BUYER AT TIME OF SETTLENTENT COST TO RECORD DEED/TITLE SEARCH: BUYER PROPERTY SOLD AS IS LOT SIZE - REAL ESTATE TAXES -COUNTY: ~ 278.35 - SCHOOL: ~ 941.29 TOTAL: 1 21 AG~tEEN1ENT FOR PURCH.~E OF_ PROPEIZT'~c" A'I' I'CtB;<,IG SA.I..L The Purchaser dais hereby acknc~vledge the bid, at public sale,t~~r <ilI than certain tract of land describers in the Conditions of Sale, which are incorporated herein by rMfr.rence, in tl~e ~~Incit.tnt of ....................................... ...................................... $~~ ~©d~G~.I~Z~ . of tivl~ich the sutra of $~~,s~ao.ao ......................................................~-- ~DL~~,D~? __ is hereby paid as do~1fr~ ~Yiatiey, acid the balance of ......................... ~7~? ~ ~~v~~~ _-- shall be paid to the Seller within forty-five C4 ~) days from the date of the Conditions of Sale upon delivery of a deed, as provided for in the Condition,, of Sale, and the 1'urchast c fiirthrr agrees to be bound by said Conditions. Signed and sealed the same day and year as first set forth o'ri tt~e Conditions of Sale. WITNESSES: P'CXlZCIiASER: _ (q r i T Print game: ~ The Seilcsr hereby ~u,1G11U~t-sedges reeipt of the down n~ot:ey, t~atecs above, and accepts the bid according to Cancsitions of Sa,e of Real Estate presented and raid at thN Public Sala, WITNESSES: SELI.F1-:: --- _~- Constance L. Stonercacx, President Keystone Geiartliansliip Services