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Home My WebLink About09-04-09 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA * IN RE: ESTATE OF VALERIA H. NOLAN * * * * * * * ORPHAN'S COURT DIVISION * ESTATE NO. 21-2009-0655 * * * * * * ~ ~~r, .°o PETITION TO DETERMINE REQUIREMENT FOR AD NArT! SECURITY UPON SALE OF REAL ESTATE BY ADMIN T(~] PURSUANT TO 20 PA. CONS. STAT. § 3353 ~ ~ N TO THE HONORABLE, THE JUDGES OF THE SAID COURT: r Now comes DENNIS J. HOOVER, Administrator of the Estate of Valeria H. Nolan, Deceased, by His attorney H. Anthony Adams, and respectfully states that: xr ter'%_'_~ iT~'. ~ ~+:' `:~ ~'. ~~,, .~-, _:~ ~._, c-~ ~+? _, r -r'$i 9' .^T3 ~: ~ .-, ~P: 1. On June 26, 2009, Valeria H. Nolan ("Decedent"), residing at 10 South Water Street, Newburg, Pennsylvania, 17240, died with a will. 2. Letters of Administration were granted to Petitioner by the Register of Wills of Cumberland County, Pennsylvania, on July 29, 2009. 3. Decedent was the owner of 10 South Water Street, Newburg, Pennsylvania 17240, consists of an unoccupied two-story frame house (the "Property") with a current tax assessment of $99,150.00 (see attached Exhibit A . 4. The appraisal for the Property, prepared by Robert L. Geazhart of Horn and Company Appraisals, a qualified appraiser, a copy of which is attached as Exhibit B values the Property at $140,000.00. 5. Petitioner entered into an arm's length agreement of sale to sell the Property to Curtis Carbaugh and Angela Cazbaugh, husband and wife, for $134,000.00. A copy of the agreement of sale is attached as Exhibit C. 6. A computation of the estimated net proceeds which Petitioner will receive at the time of settlement in the amount of $129,567.95 is attached hereto as Exhibit D. 7. The Property is not subject to any mortgages, delinquent taxes, judgments or other liens of record. 1 8. The parties in interest in the Estate of Valeria H. Nolan, Deceased, are as follows: Joann Hoover 9402 Michaels Way Daughter Ellicott City, MD 21042 Rodney Hoover 9402 Michaels Way Son-in-Law Ellicott City, MD 21042 Dennis Hoover 6296 Wild Lake Drive Grandson (Petitioner) Sykesville, MD 21784 As noted, the only parties in interest aze the daughter of the deceased, her husband and her son (the Petitioner). The Petitioner is an attorney in good standing admitted to practice law in the State of Maryland. 9. Petitioner believes he has obtained all information pertaining to the. assets in Decedent's estate and believes a reasonable estimate of the value of Decedent's estate, includine the value of the Property, is $660,000.00. 10. Western Surety Company has filed its bond as surety on the administrator's bond in the amount of $950,000.00 (as established by the Register of Wills as twice the estimated value of the personal property in the estate). 11. All parties in interest to the proposed sale have consented to the sale and concurred with and consented to Petitioner's request that no additional bond be required in order for the Petitioner consummate the sale on behalf of the Estate and receive, deposit and distribute the proceeds of such sale as an asset of the Estate (see Exhibit E attached hereto) 12. The sale is desirable for the proper administration and distribution of the estate because the parties in interest do not wish to reside there and because they wish to receive cash distributions from the estate. WHEREFORE, Petitioner respectfully requests that he, as Administrator of the Estate of Valeria H. Nolan, Deceased, be directed to proceed with the sale of the property under the Contract without the necessity of filing additional bond or security and, upon entry of a Decree or Order for the same, that he be authorized to receive the proceeds of sale of the Property under the Contract. ~~`~ H. Anthony Adams, Esquire Attorney for Plaintiff SUPREME COURT ID NO. 25502 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 VERIFICATION I verify that the statements made in these answers aze true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: / ~9 >is er, Petitioner 3142.OOl~Petition to Fix 082809 3 ~ ~ Ham and Comparry Appraisals 74 NoAh Second Street, Chamberaburg, PA 17201 APPRAISAL OF LOCATED AT: 1o soem water street Newburg, PA 17240-8131 g4 FOR: Valerie Nolan Estate 9402 Michaels Wey Ellicott, MD 21642 BORROWER: Valerie Nolan Estate AS OF: July 28, 2009 BY: Rolntrl L. Gearhart PA Certified General Appralaer EXHIBIT B SUBJECT PROPERTY PNOTO ADDENDUM Borrower: Valerie Nolan Estate File No.: NolanEsta[et4awhuro ProceM Address• tD SaNr water street Case No.: C+M Newburo State• PA Lo' 17240-8131 Lender: Valerie Nolan Estate FRONT VIEW OF SUBJECT PROPERTY S Appraised Date: July 26, 2009 Appraised Value: $140,000 REAR VIEW OF SUBJECT PROPERTY STREET SCENE Hom and Company Appreieals 74 North Second Street, Chambasburg, PA 17201 July 30, 2008 Mr. Rodney L. Hoover Valeda Nolen Estate Valais Nolen Estate 9402 Michaels Way FJikod, MD 21042 File Number: NolenF~tateNewburg Gear Mr. Hoover. In accortlance with your request, I have appraised the real property at: 10 South Wata Street Newburg, PA 17240$131 The purpose of this appraisal is to develop an opinion of the market value of the sutgect property, as improved. The property rights appraised are the fee simple interest in the site and improvements. In my opinion, the market value of the property as of Jury 29, 2009 is: $140,000 One Huntlretl Forty Thousand Dollars The attached report contains the description, analysis and supportive data for the conclusions, final opinion of value, descriptive photographs, limiting conditions and appropriate certifications. Sincerely, Robert L. Oearhart PA Certified Oenael Appraise GA-001802-L - PA Expiration Date - -8-30.11 Hom and ComDarty Apprelsals Uniform Residential Appraisal Report Aaw. NGIanEstateNewburg The a ae of bis ammary a msel re mt ism rovme me lentlerldlent wllh en accurate, and adequWl su polled, spinlan or the morsel wdua nme wb' Oro Pm Atldlaf 10 South Water Street NeMdp Sdb PA Cstle 17240-8731 acnoAar Valeda Nolan Estate owwr orPweaamn Same ccu Cumtledantl Deed Reference: Volume0013E-0048 Ascots PSnalA 2421-0380-016 TeaYeu 08-10 RE.Teare31851.74 N hbahmtl Name hot Newbu ReMwam 2421-0390-018 cenaTma 0131.01 OrAar Tenon XVemd 5 A®ea•reNHS PUD fiWi r nbd11 Pla R X Fee ' IwdlPld Ober deeabe men Putla9e Tmlaalbn Ralnerre llel®ctlun X Obw MHCIb Estate $BItlBnlerlt LandNA:Sen Veleria Nolan Estate Atltrs 9402 Michaels W FJlicott G MD 21042 allb olblatlmrakorhuHMnaY:Mlaale In bebwlw moaN btlre#ectlwdW WAMa ? Va X W RepottdNasolsm(s)uatl,aHaha pim(a), erd tlW(s} WA I eb adn4ereynbe mlNenaaNarmemFawldasebelmcAnn.E+q~nubnailadmeamfissaummnheabraeb awtyna Nalyaswaemlperlamea WA Cassel Pdrof DaeaCalbed lobe retlsrba award bremM Yet Nb Wa stlare NlYalandaaarbYrlxlbencMryea Ya mnDn9PIx,ARadMnpnymailaNHerim,tlelb be PlB bYelry peMon belW nHb hbnoAav9 Ves eb H Yea, mpon Hw msl tlcYr mnolAa aM tleao0e Ha Rena b ba patl. Nob: RauwxlaenKW mm naHa Nmm wedenna haarA f: NWSUerheoaaunedr{W++~~n, n :' '.,. 'v. '~:~ @~..., _x ;.' orr~mhawWN. :.. nr...rcl..mua.x Lsmtlm X UmY1 subuken Rurel Vebe4 Inc X Saba Oafib PRICE AGE Ore-UNf 95 % BuaL X Qw 75% 7575% Uritler A5N X bBWma Over 2d IAa % Growb X 3sbk Sbw Thne UMeramtla 38 mbe X OwxB mbe 50 Lax New M 2% NebMallsbe Beutlbb See Attached Addendum 250 h 100+ C#mmemel 3 % 150 Pretl. 100+ Oba % NNphbahm0 oeeagmll See Atlached Addendwn MNlelCaidmla(bdaap alppathbe absw mraSaio1161 At the resell time homes in the sub act arw d to sell relatlvel uidc when dced corm .Local ae well as out-of-tovm lenders have m a mo available at tom ~18ve Isles to ualified 6 OYriemlora .27 Acre As.27 Acre. Rattan ular view Avere e Csaaomlm R-1 n Low Dens' Residentlal X rpaaanb GreMaHNled llN NH Z#N OBambe sbehipheaendbalne dtla aalanpapeMreblPawtl(arePmpsePa psreentl spaibYOne)tla PlsnuxP Yes No HNa,tlreenbe. rrWHaA Publm GHlar dmlG Publle dAw tlucdha ondllalm wdr- PuWC Pwaaa E ~ X Wear Well Seeet Paved X Gee X Oil Sewp X None FflM flpod WUNAS Ym X No FEA1AFbsd lareX ti:e1A # 4224050170E FERIA Deb 03116/2009 NetlautlHYera aFeY brae nclelales7 XYes NP HNO tlxabe. Ale Hlare aryetlwaaamMesreaedemel5cae(ae6Nllaae, enaaechmena,emvmnanW mldtlore,sMUS,ek.y7 Yu X Nb If Vea damlAa. t •...~;GF7JHNLOESCRIP.TION -.- r-0GNak ..• .:: .F%IFAIOR-OESCRaTON.- naMaaaOlltlbbll. n7fERN1R maerambllltlam. Urals XOne pawM Wlk Cacti Sleb CIeN15 FwtleXOn Wage ConcSlk Fbas Wd IC -Ave #asbdre 2 na Beeement Panel aacnNnt EnMr Wets Aluminum Wem Plaster-Ave e X Da. AS SDelhrid Unc X t>rstl P UMN Caetl. n 2- Alum Sid BBSNIHAS 1200 ft HesanPolMl 0% Wabb Sum Po RaofSUlsm Com Shi le Oaen6 Aluminum Wbdae DblHUn TrbaFlnhn Wd-Ave Hsb Ma V -Ave BbhWWemt V I-Ave veer aab 1941 Ewaallma Insaamn saran ssMwLbtl Prmem Ca Naa EASCHw 15 Setllemen steam P rea eM X O AdCam Aac Sslr F1sar X Nona setla scutlle FWA X HWBB Basalt OHIa waO11 c X CaM1AtrCatl Amenaw 9 # PeIplWdt X X a A rwa. Pdm Fmld Surtem Gravel X #dcaa 2 ort #dcas FFHMM Nmstl X X R n MMaW War Pad Wla A4 X Oat 9a1FY1 OWaashar Mboiele X Weahu WNr tleaa0a FNdletl er6esbew mrWlc BRmlre 3eeamlre 1.5 Bab 1800 eree[dGrsL AmaAbove Gltle MtllbmlbYaas(apedasryyelACbnAema ae). There ere en eiflcient windows and storm doors inatalletl on the sub'eG. Windows are of the vin cement e. oermememMbname pmpby(e:dninp reatlea repels,ddabratlon, rensWre, ramctleWA, ale). The condltlon of the dwellin is avers considedn ks . Ph sirsl tl atlon is redicatetl on the a ellNe memoo. Avere d reGetlon re resents normal wear and tsar. Arebae art/phyareltleACbltlaew etlwmamrlamrebn Medbe aeblllq,mwtlresaorsOUrAab beptlyabe preparg? Vea X Ns IIYes, descme GMatlb PlapsMgererallymnbrm blhe nelAhborllood(IndionN UWry,epb, mntlllbn, usa, mlabucYOn,eb,y.~ Yes No It Nb, desalts. 4 a "'••• Vp1w0 °~°°' rmwrwmacwmam wwyrom Hom and Company Appraisals Uniform Residential Appraisal Report Re NO. NelanEatateNeaburg .E, .,..-~'~, x~w` .~S.COST ... FWVILLII~(rq[ bjcFfnoMlAU) Prwitle ibmaanbrMeardM3art0o Mbebwma reSYM rslnletlms SuppoabrtleapYYOn aleYewlus(aummuyalanpaetle blq erllnmmhx manotlabr eameYnY Nreesla) Sele of nearD lots: 2/15/08 - 3/5/07 - 31000-.85 Ac 000 - .BB Ac. E511MA1ED aEPR000CiI0N OR aEP1ACEA1FNr LOSr NEW OPMIONOF SIZE VALVE .................................... ....=5 30000 spume mwadaa Marshall-Swift VeluaBon Manual 1 800 a s 87.18....... .... = s 120 888 Yon ws.aenim A e FJbeAedaeafinetdea 12!2008 Bsrnk 1200 R s 17.81........ ....=5 21372 Cenmemsan0o9 rea aroa eb. 3BB Others Untler COmmerds: 18132 The coat Is based on utliiratlon of the Marshall-Sxift R s ........ .... = s ValuaBon Manual and the krNnWed a of Bra local constnxdion ToW EaanakdOmHdtw ....:... .... = s 180 392 market. Ph 'cal Functional and Fadernal atlon is based L® 0 P wnmaW E>aPiml on Me A e/Life McNOtl. Others: Floor Ad uatment $8158 HeetlCoolin Ad uetmeM 778 Front Pch $2 700' Fandn 1500. 4 059 Catdl rv1emene ............................. •AmISVeremsYe e ............................. . a ... = a ...=a 24 059 138 333 EsWlmad Fiaamb LYe UOantl VA 35 Yeam WON'ATEO VALUE BY COST APPa0A61 ... .. .. .. ... . s- '>,WCOYEAPPp0l10µT ,YAµIE .. hebVPnrnhAfae .- .,a _ Eeemabd AIaY1aeN3 %Gme9 Rea er =S IMpraatlVebe awme . =S 188300 SummeryMbOOmBApproaM (ncWYnesuppoarornWtremad GAM) N/A .-PR0.1EC'~1'JNF-0hIMT10146'ORelldt(M~ .j . IsYa ANaabmnadalNe NaneanwYAmosIM HOA Ye6 No LYa 5 Oeaphatl AtlasSG PraMelhe bl Ydomalbn for PUOSONLY YYIe MadaebmMOl ofYa HCU aid tle bMa~ ma. rancor WA TOW nW11YNOf Teel mmexM Wb TOW mmhaormaeaom Tate) numYa MUesrmaad Tao mmOer ofunbroreab Oea s ' Westle a9NBd Yle mrnerebn oten IroIa PUD7 Yes NO NY dale alconwmron. OOBatla mIIWn uMa7 YBB NO Daam Are are uaa,mmanebmmle aM remeBAOa LCatlae mlpkbT Ye9 No aNO,dmtrba tleaemsmcompbWn. Arebe mmmmelanenls leeeeemwYytlre Fbmemmaa'Aaaodelbn4 Yes NO YYee, tleeoaetlre remalrornaald opmne. Oemsa rommm eenan6 end recreeeorel hrdaes _~ rmYarrmnmauamm~ wLmma Hom and Comparry Appraisals Uniform Residential Appraisal Report Fie NO. NolanEstaleNewburg Thwaue atlaetl brsakmh boanaa b pant mE Theraae eabemhsa rraath maNe moMS Haar Roma mf FFATfiE SUe7ECr CMPNiA3LE SNE N0.1 WMPARrI&E SPLENQ2 COMPAMaLE 5NE N0.3 10 South Water Street Murex 102 West Main Street Nawbu PA 17240 102 West Second Street Newbu PA 17240 2 West Second Street Newbu PA 17240 P m Sale Paa SMHbefaaslMNee ~ ~"`~.^'~ ~~:'"-: 3 ~ N/A f 0.00 .0. 0.07 miles NNW ~' ~r--., "` :":'.3 139900 S 53.19 .R ssu~ z a'. ~~.-'; 0.15 miles NNW '; "' _ `3 130000 3 106.52 .R ~ "~ 0.17 miles NNE f 98.57 R E 185000 oq ~ ~-.~ ,~ Publb RecoMaIMRIS Public RacordslMR15 Public RecoMs/MRIS VealMbn ~`.~ ~ Public Records Pudic Records Public Records VALOEN1f1SilBiTE bFSCR@TION OE4CaP110N ~ s OEECRfmDN a OEECRIPImN e SekmRmcma conroWOns ~ yy~j ~•~ .~.:~.,.,. ~»,~ Subsi None Subsi -5000 Subai None oebdfabnero `°~"°' ''% ~ 430.09 8-9-07 7-28-09 Lombn Urban Urban Urban - Urban pawMlaFea Fee Sim le Fee Sim Fee Slm le Fae Sim le sue 27 Acre. .19 Acre .34 Aae .15 Acre Vkw Avare Avow e A e Av e 2 -PJUm Sid 2- Brk 2- Brk Ce adBrk/Sltl dcauovdon A e Av A e Avere e nmml 88+/- Years 100+ 100+ 59 Yore Cadtsm Avere a Fair +10000 Avaa a Avere e Pbow Getle rW em iel aav rbrl Bell rmY BW Haan coed 8 3 1.5 8 3 1.5 7 2 1..0 7 4 20 o® aes15.00 1800 .R 2 630 R -12450 1232 .R 8520 1874 .R 1890 aeanMaFYarhea Raoneeavubretle Full/1200 Sq.Ft. Unfinlehed Fuli, PartlalFin Full, UMIn Full, Unfin Rvxsarel 9idedfma oats HWBB C/Air Ad oats Ad oats Oil Flll4l-NoC/A Ad oats oats Oil IilVa oats +3000 Ad oats WP Atl oats 2 Car Gare a 2-Car Detached 1-Car Detached 2-Car Attached PachPeaaDxk Porch Ford Porrh From Porch Front Porch Outbuildln s Sto oataho None SmBaMGare a None +1 500 Fendn Fence Presad Nane +2 000 None +2 000 wet "'""' "` + X- S 2 450 X+ a 8 520 X+ E 5 390 Mluaea Gab Pax al + '~,( rv at a . ' i_ NaPQ -1.8% Goa 18.0% f 137450 NaMj. 8.8% Goa 14.2% E 138 520 NaM} 3.3% (lass 3.3% f 170 390 I X db tlb notnuacn3agleabwMhlsbydtlaabieNProOab'em~nM~obb Hasa H~Op nryab baadl atl X dtlrmflleeBl alesapwCaedh m e bhtlaes bhe3eclhe mmdma Osk ntaadl !b ak rldreYe91 NoraleeNVBlwklsdh Blepk akerafh fbhauedaledhWln sae Oafldau h iemiadhresaon an a dh sabatanda dab eM s able eke aeaamal aks an 3. n@/ SIIDJECr COMPMl~BLE SNE N0.1 COMPNUBIE SNE N0.2 COMPARIBLEEALENQ3 WedPrMSaklheakr Prlbad PmrfeWrranax oak No Prior Sales Past 3 Yra WA Cumberland Co Records No Pdor Sales Past 3 Yre WA Cumbedand Co Records No Prior Sales Past 3 Yre WA Cumbedand Co Retards No Pdor Sales Pact 3 Yre N/A Cumberland Co Records F]bmhxbmdwr a 7-28-OB 7-28.09 7-26-09 7-28-09 MeryffidpMraab orawaer nkmydheublempmpayeM rampaebk alo The su' has been ownedb the NOlans for more than the eat three rs. 5rennerydaeks CanpeavnapproeM. Two of the above tom cables have been sold in the 2009 ~r and all are located w8hln the Newbu Borou h limas. All have slmllar amenitles available to them as the sub ed. mmxrravale merJ~ 140000 rnakauavew . sakstan bon mau3140000 wan rwelr 1188300 Income aN tamio WA Tore appleblkllWe X'es k,' BablewbCaaktlplPa PkaenO Speolpatloaanhhe®dehypwhatlnl contlaon tlath enpmemems Mw ban rampkka. ^aubjedbh blbwq mpebwelbreeononh beet demryotletlwl mnuaon auhrepaksorallNeuorelaw been compkka,br ^abledmmemimfng rewleu m W edkn bsa4 on h aiaeoralrry nsimpibn tlWa h andtla m aefmknry aoa not mgnle abref a ar repbf; Huai an a<amplmaviwa lnapeotlon at tM Imarlor wi mMrlor uaaa ortba aublaU proPmpY. tlaanM acopa of vnrk, memmant of auum paona ens NmanO aoniaen4 mw kppnlaerY csraaeatlon, my Loud opinbn ailMmmkmvmuk, mriMrei, orate rm4 properrytbmla Na wblau ofNra mportla4 140,000 uor Jul 28 2009 rMrlmimamommlm naMnmaaaaawamorMie C ..._..-•~ asexwe ..-_.'~••• vmwraermr rumor mymemr HORN & CO. APPRAISALS ADDENDUM t o- . y Bonmvar. Vabrb Ndan Esfab Flk No' NoknEatateMewbum P?~ Addreu: 10 South Water SaeB Caaa No: CBr. Nawbum Sale' PA Zb' 17240-8131 Lentler: Vebh Nolan Estate Neighborhood Boundarlas The neighbortwad 6oundedas are High Sheet to Me south, the W to Semnd Street to the north, Mountain Street tc the west and East Second Street to the east. This ere encompasses the Borough of Newburg. Neighborhood Deeertptlon The neighhodtood wnsiete of singb family homes with same mulMFfamOy houaing. There ere a taw commardal esteblbhmenb in fhe Borough. aThe town ie intereectetl by Route 841 which laetla from Ro>turg to Cedisb. The area la a part of the Shippanaburg Area School DlsMct The higher prfoad homes are located wNhin recently tlewebped erase atlJeceM to the older aectlon of Newburg. Most of d1e homes in the aber sectlon of the Borough ware consauctetl 100 years or more ago. These unite are prated along or near Mein Sheet I AOMnean Pees 1 of t SKETCHIAREA TABLE ADDENDUM flSt9 LauMry DInNg Room Living Raom Front Enbanoe Front Porch f i ~ COmnrrc ~ v,EIViNC73'AftFJ\ BRF-AKR.O!~N r.v-_, .. Bnw9doWn," ,--:'BOE~EOUY Hx.s r10or 30.0 : 33.0 960.00 9.0 s 16.0 139.00 e~mvd rleei 31.0 : 90.0 '!30.00 3 Areas Total (rounded) 1808 Beth BedrOOm Bedroom Dloeeie HalNiay ITT]~jl Heeler Bedro~mBedroom ®J eulc 1~to .r~.~m.ra.1 ' COMPARABLEPROPFJ2TYPHOTO ADDENDUM 8arower. Valerie Nolen Estate File No.: NolanEstataNewbure Probem Addfess:l0 South Water Street Case No.: CiN: Nawburo State: PA Zio~ 17240-9131 Leader. Valera Ndan Estate S. COMPARABLE SALE#1 102 West Main Street Newburg, PA 17240 Sale Date: 430-09 Sale Pdce: $ 138,900 COMPARABLE SALE#2 102 Went Samnd Street Newburg, PA 17240 Sale Date: &9A7 Sale Price: $ 130,000 COMPARABLE SALE #3 2 Wit Second Street Newburg, PA 17240 Sete Date: 7-29-08 Sala Pdce: $ 185,000 LOCATION MAP F E Bortower. Valerie Nolan Estate File No' NolenEetateNewbura ProoetN Address:l0 South Water Street Caze No' C.hy: Newbury Btate' PA ZIO' 17241)-8131 f: V e Nolan Estate ~ `R : 1 Z4' ~ A f~"w"'~ a' Y'rYP'y'v ~. lS "j lp a~`°ry'F *T 3C} !n }y Y ~ A 3 Y ~ ~ lCmr i ~ v ~ 4 ~q~~r f `4 1 F f ~~s ~~'^W X ~ ~ ~~ k~~'r& ~ M~ ~ ' ~ ~~ dyYYiA.LIJ ~': l xs y~ k t ~.~ r f y 3 ~ ~ ~ 4 ~ t in ~, ~~,. Y k'~'~y a,fyx~r ~ 4 'y ~~ y '~~~~r~~C' }y y ~fn' v ~ k '"r ~ ~ Tsr S C~! #~(P'µT (s f£ i v .y c rkx s. 4o-m[ 7~ '~3 e," 4~+f+'ti ~ ,~ ~, . i~~r fga `Sr ~} l ~ ~ ~ ;~~ ~ I ~ k ~a ~ t ~~ Y ~ f4` r F' '~ 3 •~ A ~~ ~+ ~A 5 ~ ~Y ~ ^v,5~'~~ ~} ~k. Y~ ~ ~ ~ ~'4 ~ y ,~ 4y '~ ~ ' ~'~ ~ Y I'P [) l ~ 'M• ~% A Mf F +~ ~` Afiw^ t i l! ~'~ IFr '~ ~a .. 1 . 4 YL .yy~ .N 'r ~~~4G :r I ¢ 9'^~,~ n ? '3 ?Ti.i ~/d f} 1 ~ ' ~ w ~ n a x ~"~ c d' ~ t ~ ~ A ~ `3i " ~ ~ ~ ~ Comparable 5818 3 1'~ f'~ [3 d ~ "' 2W ~ ..` v s~~ls ,, ls~3y~~x~y `~ of 1:. ~ r n "~ nti d a - ~;~1°'car~ ~. ,4 .~..Y' ~5~ e5 econ Sheer ,~ su .~Y~ f fee x NeWhury, PA 17240-9123 rs;:!Prb f 5 il 0 17 ~ ~~~ ~ .~ es NNE) m n ( //XI E ~ 3 w .,? $ Comparable Sala 2 N .., ' ~'~' ` S 5.€~~ ~ 102 West Second Street «~h ~,~ , r p ^2. ~ ' ~{ n h Newbury PA 17240125 y o 7 ~ .U'" ~ k ~~6fs a web 1 Y e ~ ,~b~~ qq (015 miles NN 'E y~ ~ " ~~ 4 ; W) ±si L i Y4sA 5 v ~^~~ ~ j '~~~~~~ r ~ ~ 22 „qr wJ i vw~ 'n ~~ ~' } ( v.~ J ~' ~ wY b ~ v~r~. d)SM' ~ kf sv 1 x ~,, ~ S ~~ ~ J , } ~ imr~., f + ~ s r ->~' ~9 k ~: ~ ~~`c.rd. ~ A x~ 12; fii * ~,SaC "e ~ ~. ~ I'nCf ~, ~ y~ ey ~ ° ~ N fr my. 4Y ~ ~ ~i ;~ a~,k /E'~~2}~ •"`7j.. f 4 1" r ~~ r a ~r~„ ~' 1 >~ ~~ ~ s4' ' ~ g '~ P ~ ~ - w x ~7~~,.e~,+s,~. ~ ' s _ ~ ""w~5`e Ai' U.. .mF ~ ~ ~ y-g~ A~.~ ~ 'a~s Com I °~ f `~~ 302 r ` > ~{~' ~ Parahla Salel ' '~ " ~, A? WeR Main Street .'~' 4 za < ^.;~ r + Newbury, PA 17240 s~;~ + T > a.,, y.Y~ ~~~rrac~l v>. w~ (0.07 mles NNW) Trr r-y r 3 f ~- w r' S. 1 1 S~ fA'~Bi x ~ ~ ~"y"+,~0 l~ ~ '' kro ^Y N r Y l! Y rRA. J Y l f ~ %~ f ~ ~ t I rt Y ,,,,! } "t yy~p ~MR Aty 1 ~ '(<T ~^ t k f ~ ~ , } ~ v P ~~~~~II r "t h ~1 ~. 4 fi ~ ~ Qh l 1 i wnt ~ 11~CY 41~+y k ~ Y ~ m ^~ ~ ~ ~ ~k gqff rrY Y S x I£ i Ta ~~~ ~ Zv'y 1 y 'i ~ ~ A X ' + ."° # x4. ~ ~3nn ~°'e.5 "7~k $^ , .+x } • a w td rtu f[ a/4 ~ a n Suh1aQ n f x{ ~ r "q ~ t'., , ~" ' ~ f ~ er t +u.. - 309ou1h Werer S ' ~ tre9[ ~y ,H > ~ r y i S "~ ~ ~ f, Newbury, PA 172 ' 40 qYa. ~. ~ ~ ,_1 -P i ~ c' ~: ~ i~ E` 'r '~a+">,~S "i ~3w Y~~,1', 'r` ~ ~~ 'F r .k ~~~ ~ ~ l $ k r r :x p ~ CS' ~ 'F ' y II2 A . k t _ %F F' JR•'F S i~k*C~ 5 S / ~, ` c V .~t s ~t. Yl~s ~ ( ms Ftj,~~Y+r 1 .~ ~y F ~q. ~~;~y, 5)b~A.'t,kR~ t i X . .. 11 Y~ { fl 1 f'°~~r:. Af~` yn ~i. 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NEWBURCi, 9OROUGH OF Pmparty la rot In a FEMA ePaGel9optl hezani area. Ptgptly k Wbhin T30 Teat m a FEMA apatlal Oootl hezaro area Map Number:4224030170E Map Dots 03Ij8fT008 PaneL•0770E FIP5:42047 Zdre: X Hxegr Tlanaameam 14000 Nmero Cmtllkefw LmrNCyam ACl mete any repmemelbm m w®rmam m eay parry awmminp Ne wmmS amurwym oompgamam of atle aaod report Mlcgrdp erpxementy of merohenadeym axsw la a wleeubr Pu+Rme. NeMa TI'HC mrAG wr am mlerol We flwtl mpaaehell Mw wry Ihdllyto my tlitl ponyfmany um or mmlW of Nhflwtl nwrL Hom and Company Appraisals IJOIWTIiI RBSIUtlfIIlal Fle uo. NolanEstateNewbu This report form is designed N report an appraisal of a one-unit property or a one-unit properly with an accessory unit; induding a unit in a planned unit development (PUD). This report form is nd designed to report an appraisal d a manufactured home or a untl in a cenddrrinlum or ceoperethre praje4 This appraisal report is subject to the following swpe of work, Intended use, intended user, tleflnlfion d market value, statement of esaumpUons and IlmPong condltons, and ceNflcatlons. Modlflcetlws, addltlone, or deletlone to the intentled use, intended user, deflnttlon of market value, or aesumptlons and Ilmitlng wndltlons are nd permitted. The appraiser may expend the scope of work to irx7ude arty adtlitlonal research or aneryds necessary based on the complexity d this appraisal assignment Modlflcagons or ddeUOna to the certifications ere also nd permitted. However, adtligonal cerflficetlona that do rmt condkute materiel alteratlona to this appreleal report, such ae those required by law or those related to the appraisers continuing eduwdon or membership in an appreleal organization, are pertnflted. SCOPE OF WORK: The scope of work for this appreleal le deflnetl by the compleztily d this appraisal assignment and the reporting requirements of Nta appreleal report forth, induding the following deflnltlon d market value, statement of aesumptlone and Iimitlng conditions, and certiflcatlore. The apprelaer must, at a minimum: (1) perform a complete visual inspection of the infector and extedor areas of the subject properly, (2) Inspect the neighborhood, (S) inspect each of the cempareble sales from at least the erred, (4) research, verify, and analyze data from reliable public and/or pdvate sources, and (5) report his or her analysts, opinions, and mndusions in this appraisal report INTENDED USE: The intended use of this appraisal report Is for the lender/diets to evaluate the property that is the subject d this appraisal for a mortgage flnance transaction. INTENDED USER: The intended user of this appreleal report is the lender/dlent. DEFlNITION OF MARKET VALUE The mod probable prtce which a property shoultl bring in a cempetltlve and open market under dl conditions requisite to a fair sde, the buyer eM adler, each actlng prutlently, knowledgeably and assuming the price is nd affected by undue stlmulus. Implitlt in this deflnitlon Is the coneummdlon d a sale ae of a specified date end the passing of title from seller to buyer under cenditions whereby: (1) buyer an0 seller are typically motlvated; (~ both parties are well IMOrmetl or well advised, and each acting in whar he or she wnadere his or her own bast interest; (3) a reaeonabie tlme is allowed for exposure in the open markd; (4) payment la made in terms d cash in U. 5. dollars or In terms d flnandal artangements comparable thereto; and (b) the price rePreeents the normal wndderetlan for the property sold unaffected by spedal or cr~tive flnandrg or sales concessions' grented by anyone assodded wtlh the sale. 'Adjustments N the comparebles mud be made for apedal or aeatlve flnandng or salsa concessions. No adjustmeMa are necessary for those costa which are normally paid by sdlere as a resufl of tredltlon or law in a market area; these costs are readily itlentfflahla since the seller pays these coda in virtualty all sales treneactlons. Spedal or crmtive finandng adjustments can 6e made tc the cwnpareble properly by compadeons to flnandng lama offered by a third party tnetlhalond lender that is nd already involved in the property or transaction. Any adjustment should nct be calwleted on a medranical tldlar for dollar cod of the finandng or cencession but the dollar amount d any atljustmeM should approzumate the markets r~ctlon to the flnendng or concessions based on the appreisers Judgment. STATEMENT OF ASSUMPTIONS AND LIMITING CONDITIONS: The appreisera certificatlan in this report la subject to the following assumptions and IimiBng mndltlons: 1. The eppreisar will not be reaponaiWe for matters of a legal rrelure that affect either the property being appreleed or the title ro it, az~etzt for information that he or she became aware of dudng the research involved in performing this appraisal. The appraiser assumes that the title is good and marketable and will nd rmrder any opinions about the tltle. 2. The appraiser has provided a sketch in this appreleal report to ehaw Ne approxlmde dimensions d the improvements. The sketch is inducted Doty to assist the rider in Nsualizing the property antl undarsrending the appraiser's tletarminaflon d its s¢e. 3. The appraiser has examined the avallede flood maps that are provided by the Federel Emergency MenagemeM Agency (or other tlata sources) and has noted in this appraisal report wheNar any portion d the suhJect site is located in an IderrM' led Spedel Flootl Hazard Area. Because the appraiser is nct a surveyor, he or she makes no guarantees, express or Implied, regarding this delertninatlon. 4. The apprelsar will not give tesfimony or appear in court bepuse he or she made an appreleal of the property in questlon, unless spedfic artangemerae to do so have been made beforehand, or as dherwiae requtred by law. 5. The appraiser has noted in this appreleal report any adverse condhbruc (such as needed repairs, ddertore8on, the presence d hazardous wastes, toxic substances, eN.) observed dudng the irspactlon of the subject property or that he or she became aware of durln8 the research Imrolved In performing Nis appreleal. Unless oNenvlae statetl in this appreleal report, the appraiser hea no knowledge of any hidden ar unappareM physical defldendes or atlversa cendidons of Ne property (such as, but nd limketl [o, needed repdre, dererioretlon, Ne presence of hazartloua wastes, kndc suhsrences, adverse ernironmental conditlons, dc.) Nat would make the property lase valuable, end has assumed Nat there are no such conditlane and makes no guarantees or wartaMies, express or Implied. Tire appnlsar will not he responsible for any such conditlane Nat do exist or for arty engineering ar testing Net might be required [o discover whether such conditions mdst Because the appraiser is not an expert in Ne feld of environmemal hazards, this appraisal report moat nd he considered as an environmeMel aaseeameM d Ne property. 8. The apprelsar has based his or her appreleal report and valuatlon condusiw for an appraisal Nat is subject to satletactory completlon, repairs, or dteretlona on Ne eeaumptiw Net the completion, repairs, or atleretlons of the subject property will be perfortnetl In a professional manner. Hom and Company Appreleals UI11TOfR1 K@SIU@I1I181 Fie Na. NolanEsteteNewlwl APPRAISER'S CERTIFICATION: The Appraise certiflm and agrees that 1. I have, at a minimum, developed and reported this appraisal In arxomence with the scope of work requirements stated in this appaslsal repel. 2. 1 pertormed a complete visml Insper.Yion of the imeior and mdertor arms of the au6ject properly. I reported the candlllan oT the improvements in taduai, spedllc terms. I identlfled and reported the physical defldenctes that coultl af/ect the Iivadlfty, soundness, or ahudurel integrity of fhe property. 3. I perfonnetl this appaisal In accordance with the requirements of the UniFortn Standards of Professional Apprelsal Practlce that were adoptatl and promulgated by the Appraisal S[andaNa Roam of The Appraisal Foundation and that were In place at the time this appreiml report was prepared. 4. I devebpetl my opinion d the market value of the rent property that la the subjed of this report based on the salsa comparison approach to value I have adequate compereble market data to develop a rNieble sales comparison approach for this appreiml assignment I further cetlty that I considered the cost and income approachm to value but tlld not develop them, unless othervdse indicated in this report. 5. I reamrched, verified, analyzed, and reported en any cement agreentem for sale for the subJed property, eny ofiein9 for sale d the subject property in the twelve momha prior to the effectlve date d this appreisal, end the prior sales of the subject properly for a minimum of three ymre prior to the efiedive tlete of this appreiaal, unless otherwim indiceted In this report. 6. I researched, verified, analyzed, end reported on the prior mien d the comparable roles for a minimum of one ymr prior ro the data of sale of the comperebla sale, unless otherwlae indicated in this report. 7. I salaried antl usetl comparable sales that are lacallonally, phyaicelly, and functlonally the most similar to the aubjed property. 8. I have not used comparable eaten that were the resuk d combining a lantl sale with the contract purchase prtce of a home that has been built or will be 6ui1t on the land. 9. I have reported adJustmems to the comparable sales that reflect the markd's rmctlon to the differences between the subject property and the comparable sales. 10. 1 verified, from a dlsintermted coerce, all irdormatlon in this report that was provided by parties who have a flnandel interest in the sale a flnendng of the subject properly. 11. I have knowledge antl experience in apprelaing this type of properly in Mis market arm. 12. I am aware of, and have access to, the necessary and appropriate public and private data sources, ouch as multlple listing services, tax assessment recoms, pudic land records end other such data sources far the arm in which the property is located. 13. I obtained the Information, estimates, and opinions famished by other pertlee antl axpraseed in this appreisal report from reliable sources that I believe to be fine and correct. 14. I have taken Imo consitleretion the factors that have en impact on value with reaped to the aubjed neighborhcod, subject property, aM the proximity of the subject property m adverse influences in the development of my opinion d madvM value. I have noted in this appraisal epon any adverse conditlens (such as, tart not limited fo, needed repairs, detedoretion, the presence of hazardous wastm, toxic substances, advese environmental contlitlons, etc.) observed during the tnspedien d the aubjed property or that I became aware of during fhe reamrdr involved in performing this appreisal. I have considered throe adverse conditions in my analysis of the property value, and have reported on the eMed d the conditlona on the value and marketability of the subjeU property. 15. I have not knowingly wkhheld any s(gnficeM information from this appreiml report and, to the best of my knowledge, all statemenb and imormatlon in this appreiml report ere true and tarred. 16. I stated In this appraisal report my own personal, unbiased, and professional analysis, opinions, and condusiona, which are subject only to the asaumptlons and Ifmitlng contlPoOns in this apprelsal report 17. I hews no present or praspedWe imered in the propety that le the auhjed of thla report, and I have no present or prospective personal Interest err bias with rasped to the participams in the trensad(on. I did not base, eithe partially or completely, my analysis arxllor opinion d market value in this appraisal report en the race, color, rellBion, sex, ago, marital status, handicap, familial status, or natlonel origin of efine the prospective owners or ocoupems of the subject property or of the preaem owners or accupams of the propertim in the vidnity of the aubjed property or en any other basis prohibited by law. 18. My employment and/or compensetlen for performing this appasisal or any future or anficipeted appreimis was not conditioned on any agreemem or understentling, written w otherwise, that I vroukl report (or present analysis supporting) a predetermined spectflc value. a predeterminetl minimum value, a range or direntlen in value, a value that favore the cause of any party, or the attainmem of a specific result or ocourrence of a spedflc suhaequam event (such as approval of a pending mortgage loan applicetlon). 19. I personally prepared all condudens antl opinions about the real estate that were set foM in this appreisal report. If I relied on aigniflcem rent property appraisal assistance from arty IndNitlual or intlividuals in the performance of this appreiml or the preparedon of [hie appraisal report, I have named such indivitlual(s) antl diadoeed the specific tasks performed in this appreisal report. I cettlY that any ind(vitlual so named is gmlified to peKem the tasks. I have nd authorized arryone to make a change to any item in this appreisal report; therefore, any change made to this eppreisal is unauthorized and I will take no responsibility for it. 20. I idemlfled the lender/Ulent in this appreisal report who is the individual, organizagon, or agem for the organization that amered and will receive this appraisal report. - Hom and Company Appraisals c. e UfiliOifil Ke5104'f1ilA1 Fb ua. NolanEstateNewbu 21. Thor lender/dleN mey disclose or diahibute this apprelsal naport to: the borrower; another lender at the request of the borrower; the mortgagee w Its successors and assigns; mortgage Insurers; government sponsored emerprieas; omer sewndary market peNGparrts; data cellecllon or reporting services; professional appraisal orgenlaatlona; any deparbnem, agency, or instmmentality of the Unitetl States; and any state, the DlsVld of Columbia, or othw Jurisdictlona; without having to obtain the apprelaers or supervisory apprelser's (tl appilceble) consent Sueh consent must be obtained before this appraisal report may be disdoaetl or distributed to any othw party (nduding, but not limited lo, the public through advertising, public relatbns, news, salsa, or other media). 22. I am aware mat any disclosure w dietributlwr of this apprelsal report by me or the lender/client mey ba subject to cenain laws and regulatlona. Further, I am also subJed to the provisions of me Uniform Standards of Professional Appraisal Practlce mat pertain to dtadosure or distribution by ma. 23. The borrowerer, another lender at the request of me borrower, the mortgagee or its successors and assigns, mortgage insurers, govemmem sponsored enterprises, antl omen secondary market particlpenta may rety on thla appraisal report as part of any mortgage finance transaction that Imrolves arty one or more of these parties. 24. If mis appraisal report was trarrernitted as an'electronic rerwrd' conrelning my'eledronic signature,' ae those leans are defined in applicable federel and/or state laws (excluding audio and video recordings), or a fawimlle transmisalon of this apprelsal report centalNng a copy w representatlon of my signature, the appraisal report shell be as effective, errforceeble and valid ae'rf a papw vereion of mis apprelsal report were delivered ceNelning my original hand wrhen signature. 28. Any Irrtentlonal w negligent misrepreaentatlon(s) comained in this apprelsal report may resuN in dull liability and/or criminal penamm irrtlutling, but not Ilmired to, floe w imprisonmem or born ands the proNaiona of Tale 18, United States Code, Sectlon 1001, et seq., or similar state laws. 3UPFJ2VISORY APPRAISER'S CFJ2TIFICATON: The Supervisory Appreiaw cartifles ant agrees that: 1. I dlrec0y supervised the appraiser for mis appraisal assignment have reed the appraisal report, antl agree wlm me apprelaer's analysis, opinions, statements, cendusiona, and the appraiser's cerlificefion. - 2. I accept full responsibility for the centents N this appraisal report including, but oat limited to, the appreiser's analysis, opinfona, slalemenis, conclusions, antl the appreisers certHlcetlon. 3. The apprelaer identified In mis apprelsal report Is either a suh-contrardor or an employee of the supervisory appreisw (or the apprelsal flan), (s qualified to perform thla apprelsal, and is acceptahle to perform mis apprelsal under the apDlipble state law. 4. This apprelsal report complies with the Uniform Standards of Professional Appraisal Precfice met were adopted and promulgated by the Appraisal Standards Board of The Appraisal Fcundatlon and that were in place at the time this apprelsal report was prepared. 5. If mis apprelsal report was tranamated es an'electronic record' containing my °elecbonic signature; ore those terms are defined in epplirable federal and/or state laws (excluding audio and vitleo remrdings), or a facsimile trensmiesion of mis apprelsal report containing a copy or representatlan of my signature, the apprelsal report shall be as effectlve, enforceable and valid as If a paper version of mis appraisal repoR were delivered centaining my original hand written signature. APPRAISER~~(/,J/ ~.~ }~ Name Robert L Gearhart Company Name Hom and Comoanv Appraisals Comparry Address 74 North Second Street Chamhersburo, PA 17201 Telephone Number 71 7/204 429 8 Email Adtlresa bpeemerthomco~comcast.net Date of SignaWre and Report July 30. 2008 Effectlve Date of Appraisal Julv 28.2009 Slate CeAfi®don # GA-001802-L or state Ucenae # or Other (tleaaibe) State # State PA Expiretion Dale of Cartiflcedon or License June 30. 2011 PA Certlfietl Generel ApPraisw ADDRESS OF PROPERTY APPRAISED 10 Soum Water Street Newburo PA 17240-8131 APPRAISED VALUE OF SUBJECT PROPERTY E 140.000 LENDER/CLIEM Name Valerie Nolan Estate Company Name Valerie Nolan Estate Company Address 8402 Michaels Wav Ellicott. MD 21042 Email Atldress SUPERVISORY APPRAISER (ONLY IF REQUIRED) Name Company Neme Company Address Telephone Number F~nail Address Dale of Signature State Certificatlan # or Slate License # slate Explretlon Date of Certlficetlon or Ucense SUBJECT PROPERTY Dltl nor inapecl subject property Ditl Inspect elderlor of subject property frdm street Date of Inspedtion ^Ditl Inspect Interior and exterior of aubJed properly Dale of Inspection COMPARABLE SALES Old not looped exterior of compareble sales from strcet Did inspect exterior d comparable sales from street Date d Inspection HORN & CO. APPRAISALS ,. .. Robert L. Gearhart ~ , Certified Oetieral Appraiser ' 74.North Second Street Chainbersburg, PA 17201 ... Background: ~ ' ~ ~ ~ ~ ~ :. Teacher, Waynesboro Area School District 1959 Assistant Piofeasor, Hagpratown JuniorCollege 1967 First Netiobsl Bank &Trust Co, Waynesboro ' ' Assistant Cashier 1970 ' . Assistant Vice Provident 1972 Vice President-Cashier.Secretary ~~ ~ ~ ~ 1976 .. ChambarsburgTruatt:o. '. . Senior VicePresidant, Chief Landing Officer' 1986' Aeal Estate Salespergon 8lnce 1995 Apprentice Appreiaer since 1995 Certified Generel Appraiser ~ ~ ~ ~ ~~ 2002 `' Education: Bachelor of Science, Shippenaburg University 1956 ' ' Master of Science, Pennaylvania$tata University 1960. Stoniac Graduate School of Banking, Rutgers University 1975 Real Estate Courses 4yj.~ 110 Hours Appraisal Courses 120 Hours ' Experience: . Chambersburg'Trust Company LoanRaview/Committee 1966' VanVJinkleRealEstate ~ .. Approntice`Appraiaer ~ ~ • 1995-09/02 - Cenitied General Appraiser OB/02-07103 ' Horn & Company Appraisals.: 07103-Present REAL ESTATE AGREEMENT OF SALE w w THIS REAL ESTATE AGREEMENT OF SALE ("this Agreement") i the 28th day of August, 2009 between THE ESTATE OF VALERIA NOLAN, la of Newburg Borough, Cumberland County, Commonwealth of Pennsylvania (the "SELLER' s seller, and CURTIS CARBAUGH and ANGELA CARBAUGH, husband and wife; umberland County, Pennsylvania (jointly and severally, the "BUYER"), as buyers. WITNESSETH: "~ 1. Purchase and Sale. Subject to the terms and conditions of tlys Agreement, SELLER agrees to sell, grant and convey to BUYER, and BUYER agrees topurchase and accept the conveyance of, (a) all that certain parcel of real estate together with improvements thereon known as 10 South Water Street, Newburg Borough, Cumberland County, Pennsylvania 17240, (b) all other improvements thereon and thereto, and all rights, ways, waters and privileges thereto belonging or in any way appertaining, (c) all rights, title and estate of SELLER in and to any and all interior and exterior building fixtures, (d) all curtains, drapes, valances and other window treatments therein, but excluding (e) all rights, title and estate of SELLER in and to all existing appliances therein and not indicated with an "x" below, and further excluding any other personal property therein (collectively, the "Property"). Only the existing appliances indicated with an "x" below aze included in the sale as part of the Property: Refrigerator (kitchen) X Dryer (back porch) X Oven/range (kitchen) X Refrigerator (basement) X Freezer (back porch) X Oven/range (basement) X Washer (back porch) X Fuel oil in tank, if any, is included in sale without charge or adjustment to the Purchase Price. 2. Purchase Price. The purchase price (the "Purchase Price") for the Property shall be One Hundred Thirty-Four Thousand and 00/100ths Dollars ($134,000.00), payable as follows: (a) Upon full execution of this Agreement, BUYER shall deposit with H. Anthony Adams, Esquire, 49 West Orange Street, Suite 3, Shippensburg, Pennsylvania 17257 (the "Escrow Agent"), the sum of One Thousand Dollars ($1,000.00) (the "Deposit"); and (b) On the Settlement Date (defined in Section 5), the Deposit shall be disbursed to SELLER and applied against the Purchase Price and BUYER shall pay to SELLER an amount equal to the Purchase Price less the amount of the Deposit by bank cashier's check, certified check or wire transfer. 3. Escrow Agent. BUYER and SELLER, jointly and severally, shall hold harmless and indemnify Escrow Agent from and against all claims, costs, expenses, damages and losses in connection with the performance by Escrow Agent of its obligations under this Agreement, 3142-001:Nolan Estate Real Estate Agreement of Sale v3.doc:a/26/09 except any such claims, ousts, m~pemses, damages or losses caused by the .gross negligerux or wilififf default of Escrow Agent 4, Fhsancina Contlnaean_ev. BiJYER'S obligation to consummate the Battlement shall be co~itioned upon raaipt by BUYER, within fUrty-five (45) days afKr the date of this Aygiromneat, of a commitment by a third- lender m make s loan to BUYER is the minimum principal amount of One Hundred 'I~venty Thousand Six Himdrod and 00/100 Dollars (120,600.00) (a "Purchase Money Loan'. Within ten (10) dais after the date of this Agroemea; BUYER shall apply for a Pomhase Money Loan, and shall thardttea diligently pursue obtaining a CAmtAltAleIIt fot Htk~l Pcurdseae Money Loan. Tf BUYER applies far and diligently putsnes a commitment for a Purchase Mosey Loan, as provided by this Section 4, but does not recadve such a commitment withinforty-five (45) days afttt the dat9 of this Agce~lft~t, BUYER may elect to either waive such condition sad proceed to eonaurnmate the Settlement, or tmmiaete this Agrament by giving SELLER Notice (define is 3ecHoa 12) thereof within sixty (60) days ailet the date of this Agreement If BUYER does rmot give SELLER such Notice within anrly (60) days after the date of this Agrsemaat, then BUYER shall be deemed to have waived BUYER'S right m tenainabe this Agreernart as provided by this Section 4. If BUYER elects to baminate this Agreement ea provided by this SecHan 4, Escrow Agent shall prompHy thaw tetras the Deposit to BUYER and this Agreaueat shall thacupon laminate and be of no further force or effied except as otherwise exptroealy provided by this Agrnemart. 5. (a) As used in this Agreement, "Settlement" shall mean the consummation of all transactions and deliveries oonb®Plabed by this Agreement to oavr cnntemporaneooslywi~h the canveYance of the Property to Bnyer, and "3eRHanent Date" shell mean the date ~ which the Settlement shall occrtr ee provided by this Agroemart The Settlameut sha11 ooatr at a 1oca,Hon agreed upon by the patties during normal business hams oa or before tbe seventy-SRh (75°~ day efts the date of this Ag~te~, ualass the Settlement Data is extended as provided by Section 5(b). If the Settlement Date is a Saturday, Sunday at legal holiday in the Commonwoatth of Pennsylvania, it shall be extended to the neat business day. If a location and time ate Act ag4'o0d upon, the Battlement stall take place at the off ces of Escxow Agent, begumaiug at 1:00 pm. on the Sattlentmt Date. The physical presence of any party or their mprasmtaHvas shell not be a regtared condition of the Settlatoast ff such petty has pmfomned all acts sad delivered to sa eecsow agent all items and docmmenta necessary for the Settlement, together with wrttten izons of the party which permit such escmow agent to complete the obligations of the party in canna ion with the Settleme~. (b) BUYER admowledges that SELLER is an estate sabjoct to the supervision and reyau+entarta of the Register of Wills of Cumbetiand County, Pennsylvania and, pursuant to 20 Pennsylvania Consolidated Statutes, §3353, must obtain authorization from such Register of Wills for SELLER'S Exxutor to eithm~ incmese his adnainishaaor's bond or ~ waive such itrcanase bafote 3E1L~ can consummate the SdHeenent. SELLER shall promptly Sle a mqueet with tbo Kegiatec' of Wills f9r such authorization promptly altar the date of this Agrcement and shall diligently pursue the mrth~otizatian; provided, however, that if SELLER has not received such emthorizaHon from the Register of Wills sad gives BUXIa•1[~ Notice thereof on or before the seveaty-fiith (75~ day after the date of this Agremnent, SELLER shall have the riglrt to eortand the Settlement Date through the one huadrad and fi8h (105 day after the date of -2- st~x-oor:rww, Esau. Rar Fiure Apwnaru a Sals vS.docalZeVOe this Agr+eemmt If SELLER has stiIl not raxivod such authorization-fiom the Register of Wills and gives BUYER Notice thereof on or befime the one hundred and fifth (105' day after the date of this Agramemt and the parties do not agroe in writing to flntha extend the Settlement Data then F.acrow Agent shall promptly thereaftrr return the Deposit to BUYER and this Agreement shall thereupon temrinate and be of no fiutha force or effect except as otherwise expressly provided by this Agreement. 6. Conditiaer of 1Ytk and Property. (a) l)a the Settlement Date, SELLER will at his proper cost and expense make, execute and deliver to BUYER, a good aril sufficient deed for the Propety conveying aad asanring the Property in fee simple, such deed to contain the covenant of a spatial warranty and a fiduciary warranty. Title to the Pmpstty shall be good and marketable and five of all lima and eocnmbtances exogrt (i) mattes of record, other than lima, affeaing the Property as of the date of this Agreement, (ii) mattes attic dttwnatances which would be dieclosod by an armuate survey or phyaieni inapa~tion of the Property, or which en known to BUYER as of the date of this Agrsemaat, and (iii) ~ lien of real estate taxes sect special awl not yet due sad payable (items (i), (ii) and (iii) above are cellxtively refixxed to sa the "Permitted Enamrbrences'~. Title in the Property shall be deerned to be good and marketable if a title insurance company, reasonably satisfiuxory tin BUYER, agrees to inane the fee simple title to the Property and inane to BIIYER an owner's tide carotenes policy, at standard rates, subject only to standard, pro-pri~ed exceptions and to the Pemitted F.ncimmbranoes. (b) lskcept as otherwise expressly provided by this Agrammt, BUYER is purchasing and SELLER is selling the Property "as is," `Svba~e is" anti "vvi#A all faults" as of the date of this Agremnent. BUYER aclmowledga and agrees that (i) SELLER has sot made and is sot now making. sod Sella specifically disclaims, any warranties, tepraemtsaons or guarmtiea of any kind or c;ueacter, express or implied, oral or written, past, present or future, with respect to the Propety inelndiag, withorrt limitation, inoo®e sad expeasea, the condition of the Pmpmty, the presence or absence of hazardous substances, taxi compliance or non-compliaacx of the Pmpaty with applicable larva, codas, ruins or regulations, and any dowmmts, agressnmte or other information provided to BUYER by Dui T>m or any of SELLER'S repr+eaeatetivos, sad (ii) BUYER is relying solely on its own expertise and that of BUYER'B afnsuiteats in purchasing the Property. BUYER shall have the right to have a home inspection, termite and pest inspection and radon test pafonned oa the Property, at BUYER'S sole cost and expense. If any written report of snob iaspastion discloses materiel problerns and each report is delivered to SELLER, then SELLER shall have tixi right to clxt to eititer laminate this Agreemert ~ to repair any each problen at SELLER'S sole cost and expense. 7. Possession of the Property shall be delivered to BUYER on the Settlement Date. 8. SeWement Cosh and Adiastmeab. At the Settlernent, all grormd rents, real estate taxes, charges for sewer sad wets, if any, and all other public or govarmnental charges or public or private assessments against the Property, shall be adjusted and apportioned between the parties as of the 3ettle~nt Date, and ther+eafta all such items shell be paid by BUYER. BUYER end SELLER shall each DaY one-half ('h) of all (a) recordation, tranafia and other taxes on the deed of oonveyeaoe, and (b) recording £ees on the deed of conveyance. SELLER shall pay for prepastion of the Deed. BUYER shall pay all other costa of rho Settlemerrt, including -3- sr~zoor:Harn n.e Farr ns~.ss~.n a sus va.aoaaneAs but not limited to costs in coffiection with any chmges by the pally coaductirig the Settlement, title aeazrh, title inautmiice, survey, inspections of the Property and financing of the Purchase Price by BUYER; provided, howmrer, that SELLER shall pay the fast Thtee Thousand Dollars (;3,000.00) of the eats of Settlement otherwise payable by BUYER as provided by tins Section 8. 9. Risk of Loss. SELLER shall beer the risk of the loan of the Property until Settlement. 10. pefaalL (a) If BUYER viohrtos or fails to fulfill and perform any of the terms or conditions of this Agreement, then the Deposit and any other soma paid by BUYER on socrnmt of the Purchase Price or cxmsideration ha+ain maybe retained by SELLER edther (i) on the of the Pmrheae Price, (ii) on aceoimt of any actual damages suffered by SELLER as may be detetmmed by any ceurt of cempetent jurisdiction, or (iii) as liquidated damages for such breach, and SELLER shall be relemed from all liab>7ity or obligation and this Agreement shall baoome null and void SELLER shell have the right of spexdfic performance in the event of BUYER'3 default. (b) If 9ELLSR violates or fails to fulfill and perform any of the terms or conditions of this Agreennent, then BUYER, ea its sole and eardnsive remedy, shall have the right to eatha (1) terminate this Agreement and receive the Deposit from Escrow Agent or (2) seek specific perl6misnce of this Agreement. 11. , (a) SEIJ.ER represents to BUYER that there are no real e>atate or brokerage oommiasions payable in oomtaxion with dre transactlona contemplated by this Agroement to any party claiming through SELLER, or arising out of the actions of 3 i1~~ SEI.I,ER shall iadenoaify and hold hazmleas BUYER from all costa, claims, damages or liability of any kind in connection with the breach of this representation. ro> BuY$R rep¢eseorta to Sitr z.Fe that there ate no real estate or brokerage wmmissions payable in cx»meaion with the ireureaetione contemplated by this Agreement to say party claiming through BUYER, or arising out of the actions of BUYER BZJYER shall indemnify and hold hamrleas 9ELLER from all cesB, claims, damages or liability of any kind in connection with the breach of this representatiaa (c) The representations ~td.indemnitiees net firth is this Sex~ion 11 shall survive the Settlement or the earlier te+mination of this Agreement. 12. Notices. All noticxs, demands, elections, deliveries end other communications between the parties required or desired to be given in cennartfon with this Agreement (each, a "Notice's, to be effective under this Agteenrent, shall be in writing end shall be dotmed to be given and received (a) when delivernd personally, (b) one business day efts deposit with a national overmi~ht oora~ier amvice (erg, Feeieral Express); or (c) three (3) business days after deposit with the United States Postal Service as e;artified marl, return mceipt requested; in any event with all charges or poatago pmpaid and addressed as follows: -a- 3142-0D7:Ndan ErhM feW E~shle Apsuo~nt of 8W va.OOeB/tNOa If to BiJYER, Curtis and Angela Carbaugh 121 North Peon Street Shippmaburg,Peansylvania 17257, and if to SELLER, cJo Dorms 3. Hoover, Rosen Hoover P.A. One Charles Center 100 North Charier Stroet, Suite 1010 Baltimore, Maryland 21201. Either party may form t®e to time desi®oate another address for the receipt of future Notices by a Notice given as provided in this Section 12 to the othea party at the address set forth in, or as last providod by arch other party in aceordaoce with, this Section 12. 13. (e) This Agreement is the entire agremnent between the parties with ra4pec~t to the matters seR forth herein, and all each prior stateanmts, diawsaions, negotiations and agreements, oral or written, are superseded by this Ageemrat and merged hereon. (b) All Section headia~ or titles in this Agreement are for convenience of reference only, and shall not be deemed to affect the meaning or convhudion of any provision of this Agreement. All refeamces in this Agreement to Sections are to Sections in this Agreement, unless otherwise arpanesly indicated. (c) This Agreement maybe mreurbed in and each each counterpart shall be deenred to be an original, b~ au such cormtaperts togethe shall oonstitute but erne Agreement. (d) Whmeva the cAntwrt hereof shall so rngaire, the singular shall include the phual, the phual the singular, and the use of any gender shall be applicable to all genders. (o) If any provision (or any part of any provision) contained in this Agreemomt shall for nay reason Ix hdd to be invalid, r71ega1 or unenforceable in any rasped, such invalidity, r7legality or unenfotceability shall not affect any other provision (or remaining part of the affectai provision) of this Agreement but this Agroentent shall be construed as if sack invalid, illegal or rmmforcesble pmviaion (err part thereof) had never hem contained herein but only to the extent it is im+alid, illegal or unmforoeeble. (f) This Agreement shall be binding upon and shall inure to the benefit of the parties and then respective heirs, personal mpresentatives and easigoa. The inteaexsst of BilYEIt under this Agreement shall not be assignable in whole or in part without the prior written consort of SELLER 'lYsasfer of such interest by will, survivorship or by descent shall not be regarded as en assignmerrt requiring the consent of SELLER (g) Time is of the esemce of thin A.g~eememt. (h) See Addendum A attached hereto and made a part hereo£ [Sigoaturer begin m following page] -5- S14&eD1:NoMn F.kye Rey Eeble AananeM d Sys K~1.0oca/2age IIV WITNESS WHEREOF, the parties havo duly exeartal this Real Bstate Agreement of Salo the dsy and yeaz fast above writtea. wlTxESS: ~r,..a,. wrl.2vESS: sEI.I,ER: ESTATE OF VALERIA NO N sy: ~ssAL~ Executor suYER: ~sBAr,~ CURTLS IIGH ~A~ ~S~) A CARBAIIfHI ADDENDUM "A" TO REAL ESTATE AGREEMENT OF SALE 1'roporty Addmss: 10 South Water Street Newburg, Cumberland Comty, PennsYtvania Seller(s): Estate of Vabrla Nolan by Dennis J. Hoover, Ezecutor Buyer(s): Curt Carbangh and Angle Carbaagh, husband and wife A SELLER must disclose to BUYER all known material defects about property being sold that are ~t readily observable. This disclosurc statement is designed to assist the SELLER in complying with disclosure rcquireaments and to assist the BUYER in evaluating the property being considered. This statement discloses the SELLffit'S knowledge of the condition of the property as of the data ~gnad by the SBLLBR and is not a substitute for any inspections or warra~iea that the BUYER may wish to obtain. This statement is sot a warranty of eery kind by the SELLBR or their egeats. The BUYER is encrouragad to address concerns about the conditions of the property that may not be included in this statement. This statcment does rbt relieve the SELLER of the obligation to disclose a material defect that maynot be addressed on this form. A material dafnct is a problem with the property or any portion of it that would have a significxat adverse impact on the value of the residential real properly or that involves ea rmreawnable risk to people oa the land. 1. SELLER'S EXPERTISE. .The SELLER does not possess expertise in oontrac,ting, engineering, arclritecdae or other areas related to the conahudion and conditions of the property and its imptovemeMS, accept as follows: 2. OCCUPANCY. Do you, the SBLLBR, c~fly occupy this > _ Yes _ No If `~o", when did you last occupy the property? 3. ROOF. a. Tate roof was installed: b. Has the roof been replaced or repaired during You ownership? _ Yes _ No If "yes", were the existing shingles removed? _ Yea _ No Unknown V a Has the roof ever leaked during your ownership? _Yea _No Unlmown d. Do you know of any problems with the roof, gutters or downspouts? Yes No Explain any "yes" answers you give in this section: 4. BA3F.11"!$NTS AND CRAWL SPACE3. (Complete only if applicable). a. Dons the property have a sump pump? _ Yes _ No -Unknown b. Are you aware of any water leakage, accumulation or dampness within the basement or crawl space? _ Yes _ No If "yes," desadbe in detail: c. Do you know of say repairs or other attempts to control e~ water or dampneav within the basement or crawl apace? _ Yes No If "yes" devcn'be the location, extort, date and name of the peason who did the repair or control effort: 5. b. Are you aware of any damage to the propmty r~uaed by tamites/wood destroying ineaxs, dry rot or pests? Yes No c. Ie your property cunrntly under ooahact by a lioansed peat control company? Yes No 2 d Are you aware ofany tettmite/peat control reports or treatments for the property in the last five years? Yes No. Explain eny "yea" answers you give in this axtion: 6. STRUCTURAL 1TEM8. a. Are yon aware of any peat or present watea leakage is the houso or other atructurea? Yes No b. Are you aware of any past or p~reeent movement, shifting, deterioration or other problems with walla, foundations or other shuc~iaal compoaemts7 Yes No a Are you aware of any past or present problems with driveways, walkways, patios or retaining walls on the property Yea No Explain eery "yes" answers that you give is this section. When explaining efforts to control or repair, Please descr~'be the location and extort ofthe pmble~ and the date and pennon by whom the work was done, if known: 7. Have you made any additions, stnuxural changes or other alterations to the PY~ _ Yes _ No If "yea,° ploase deacrfbe: 8. WATER AND3EWAGE. a. What is the source of your drinking water? _ Public Commwrity System _ Well on paoperty Other If "other", please explain: b. If you drinking wale ~uroe is not public: When was your wets last tested? What wes the result of the test? Ia the pumping system in waa9dng atdaz? Yes No If" no" please explain: c. Ib you have a softener, water or other purification system _ Yes _ No lf"yes" is the system leased owned d. What is the type of sewage system public sewer private sewer septic tank cesspool other If "other,,, please acplain: e. is there a sewage pump? _ Yes No If `~yes,° is it in woddng order? _ Yes _ No £ When was the septic system or cesspool serviced last? g. la eithea the water or sewage system shared? _ Yea _ No If "yes," please explain: h. Are you aware of any leaks, backups or other problems relating to any of the phmtb;ng, wets a~ sewage-related items? _Yea _No if `~," Please explain: 4 9. PLUMBING SYSTEM. a Typeofplumbing: copper galvanized lead PVC unknown other If "other," Please explain: b. Are yon aware of any problems with any of your phmtbing fixtures (inch but not limited to: kitchen, laurKiry or bathroom, wet beta, hot water heater, etc.)? _ Yes No If "yes," Please explain: 10. DEATING AND AIIt CONDITIONING. a Type of air conditioning: antral electric central gas wall none Numbs of window units included in sale: Location: b. List any areas of the house that are notair-conditiottaL• c. Type of heating: _ dedrical fuel oil natural gas _othes If "other," Please explain: d. List any arses of the house that era sot heated: e. Type of wares heattttg: dechic _ fitel oil _ natural -]~ other If "other," Please explain: 5 Are you aware of any underground fool tanks on the ptopeity4 _ Yea No If "yes," please explain: Am you aware of any problems with any its in this sactionl _ Yes No If "yes," Please explain: 11. ~F,C"li'RICAI. SYSTEM. 12. Are yon aware of any problems or repairs needed in the electrical system? _ Yes _ No T£ "yes," Please explain: only if applicable). e. Electric garage door open Number of transmitters b. Smoke detectors How many? Where locatal: a Security alarm system Owned _ Leased If Loosed provide lease information: d Lawn sprinkler I3amber Automatic Timer a Swimming Pool Pool Head Spa/hot tub List all pool/spa equipment:. f. Re&igastor Range Microwave Oven Dishwasher Trash Compactor Garbage disposal g. Washer ~,a. h. Intercom Ceiling fans Number Location: j. Other Are any items in this section in need of repair or replacoment't _ Yea _ No -Unknown If'~es,"Please explain: 13 BALD fSO1Z3. DRAINAGE AND BOUNDARIE31. e. Are you aware of any fill or expansive soil on the propa~ty? Yea No b. Are you aware of any sliding, settling, earth movement, upheaval, subsidence or earth sm}rility problems that have occanred on or that affect the pmpat}~? Yea No c. Are yon swan of any existing or pmposad mining, strip mining or any other wccavations that might affect this pmpaty? Yes No d To your knowledge, is this property, or part of it, located in a flood zone or wetlands area? Yea No e. Do yon know of any past or presort drainage or flooding problems 8 ~e property? Yes No 7 f. Do you know of any encroachments, b0imdary line disputes Of easements? Yes No NOTE TO BUYER: Most propertia have easemmla rannhig across ffiem for utility eerviees and otter reasons. 7n many eases, ffie easemenb do ~t restrkt ffie ordinary use of the property and ffie sailer may not be readiiy aware of them. Bnyen may wish to debtmine the ezhrtence of easemenb and ratrktions 6y examining the property and orderh~ an abstract of th9e or searching the records in ffie Office of ffie Recorder of Deeds for ffie eomty before entering into an agreement of sale. g. Are you swam of say ahazed or common areas (for example, driveways, bridges, dodos, walla, etc.) air maintenance agreements? Yes No Explain any "yea„ aasweis you give in this section: 14. ADOU3 3UB3TANCBB. a Am you swam of any undergrouad teaks or hazardous sabstancbs present on the property (stnuxtm err so~1) such as, but not limited to, asbestos, Polychlorinated be phenyls (PCB's) radon, lead paint, Uma Formaldehyde Foam hianlationT Yes No b. To your knowledge, has the property been tested for any hazardous substances? Yea No c. Do you know of any other impact upon the ptopert}/i Yea No environmental concmva that might Explain any "yes„ answers yon give in this section: 15. CONDOMINIUMS AND OTHER HOMEOWNERS ASSOCIATIONS. (oompl~s only if applicable). Type Condominium _ Coopeaative _ Homeowners Association _ Other 8 If "other", Please explain: According to section 3407 of the Uniform Condominium Aet (ti8 Pa. C.S. Section 3407 (rehrting to reek of snits) 8 Pa. SectlOn 4409 (relating to resale of cooperative intereab), a buyer of a resale Wait in a condomini® or cooperative must recdve a cm~tl$cate of resale issaed by the associatlon in the eoadominiam or cooperathro. The bayer will have the option of e~cehng the agreement with return of all deposit masuy^s natlt the c~Cabe has bees provided to the buyer and for five days theredter or mtll conveyance, whichever occurs Bret. e. Are yon aware of any existing or threatened legal action affecting the property? Yes No b. Do you know of any violations of Federal, State or local laws or regulations relating to this pmpq yty~i Yes No a Are you aware of any public improvement, condominium or homeowner association asaeasmeoxs against the property that remain paid or of any violations of wring housing, building safety or fire aidinmces that remain unconecxed? Yes No d. Are yon aware of any judgonant, ~ lieu (for example, co-maker or equity loan) or other debt against tiua property that cannot be satisfied by the pmceeds 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 P~ Yes No £ Are you aware of eay mateoal defects to the Property, dwelling or fixtures which ~e not disclosed e8sawhere on this foffi9 Yes No 9 A material defect is a problem with tho property or any porfion of it that woakl love a sigoiSant adv~we impact asr the valve of the residential roal property or that hrvolva an unreasonable risk to people on the land. ~p~ ~Y `5'~'~ ensvvers Y~ give in this section: The undersigned sellea represmta that the information set forth is this discloser statement is arc~anme and complete to the best of the seller's ]movvledge. The seller hereby authorizes any agent far the seller to provide this information to prospective buyers of the property and to other real estate agents. The seller atone is responsible for the acaaacy of the information contained in this atatemeat. The seller shall cause the buyer to be notified in writing of any infiormatioa supplied on this finm.which is.readeted imcw~agte by a change in the condition of the property following tlu completion of this form. [SIGNATURES CONTINIIED ON PAGE 11] E7~SC`YT1'®R, AHlvf~iS3Y2ATOR, TftIJh~ The undersigned has sever occupied the property and lacks the personal knowledge necessary to complete this disclosure statemetrt. ESTATB.OF ~ $~ DATB: RECEIPT AND ACKNOWLEDGEhIENl' BX BIIYER The undersigned buyer acimowladgos receipt of this disclosure atateanent. The boyar acknowledges that this statement ie not a warranty and'that, untess stated otherwise in the eels centract, the buyer is purchasing this property is its present condition It is the boyar's responsibility to sstzaPy himself or herself as to the condition of the property. The buyer may request that the property be in~pected,'st the buyer's expense and by qualified professionals, to determine the condition of the structiue or its componems. 11 EXHIBIT D Estimated Net Proceeds Purchase Price Pursuant to Agrement of Sale Less Recordation Tax paid by Seller (1 % of purchase price) Tax Bill [county, real estate, library tax] tax adjustment ($347.77 paid in January, 2009 for the calendar year January, 2009 - December, 2009 -adjusted @ .95 per diem for 61 days) Tax Bill [school tax] tax adjustment ($1,126.85 paid in July, 2009 for July 1, 2009 -June 30, 2010 -adjusted @ $3.08 per diem for 242 days) Seller's Closing Assistant to Buyer Preparation of Deed Estimated Net Proceeds $134,000.00 -$1,340.00 $57.95 $745.36 -$3,000.00 -$150.00 $129,567.95 EXHIBIT D * BEFORE THE IN RE: * REGISTER OF WILLS ESTATE OF VALERIA H. NOLAN * COUNTY OF CUMBERLAND * PENNSYLVANIA * ESTATE NO. 21-2009-0655 * * * * * * * * * * * * * CONSENT TO SALE OF REAL ESTATE BY PARTIES IN INTEREST TO THE HONORABLE, THE NDGES OF THE SAID COURT: The undersigned, being all the parties in interest in the Estate of Valeria Nolan and having the relationship to the Deceased as set forth next to their name below, do hereby consent to the proposed sale of the Property as set forth in the PETITION TO DETERMINE REQUIREMENT FOR ADDITIONAL SECURITY UPON SALE OF REAL ESTATE BY ADMINISTRATOR PURSUANT TO 20 PA. CONS. STAT. § 3353 to which this Consent is attached as Exhibit E and do further concur with and consent to Petitioner's request that no additional bond be required in order for the Petitioner to consummate the sale on behalf of the Estate and receive, deposit and distribute the proceeds of such sale as an asset of the Estate. ~~ ann Hoover, Daughter ~/ Rodney Hoov r, Son-In-Law D J. over, Grandson/Petitioner 3142.00] \Consrn[ 082809 EXHIBIT E :~