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HomeMy WebLinkAbout08-27-09 (3)G 15056051058 REV-1500 Ex (Og-o5) OFFICIAL U~ ONLY PA DepaMrent of i7evenue B'~' °~ Il,ef Taxes INHERITANCE TAX RETURN Cou~r ~ Year Fie Number PO fjOX 280801 __ ---__ ___ ,~-nizaosoi RESIDENT DECEDENT 21 09 348 ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death Dale of Birth 17420-4428 ~ 04/09/2009 ! 01 /11 /1916 Decedent's Last Name Suffix Deoedertt's First Name MI Brown Ms. i Jeannette ! B _ _ -_ (If Applicable) Enter 3urvlving Spouse's Informsdon Below Spouse's Last Name Suffuc Spouse's First Name MI Spouse's Social Security Number THIS RETURN MUST BE FlLED IN DUPLICATE WR'H THE ___ _ _ __ _ REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW ~ 1. Original Return C~ 2. Supplemental Return Q 3. Remainder Return (date of death prior to 12-13-82) p 4. Limited F~tate C+ 4a. Future Interest Compromise (date of t~ 5. Federal Estate Tax Return Required death after 12-12-82) ~ 6. Decedent Died Testate O 7. Decedent Maintained a Living Trust 0 8. Toted Number of Safe Deposit Boxes (Attach Copy of Will) (Attach Copy of Tnist) Q 9. Litigation Proceeds Received O 10. Spousal Poverty Credit (date of death t~ 11. ElecBon to tax under Sec. 9113[A) between 12-31-91 and 1-1-95) (Attach Sch. O) CORRESPONDENT - THIS SECTION MUST BE C0IPLETED. ALL CORRESPONDENCE AND CONflDEKML TAX INFORMATION SHOULD BE DIRECTED T0: Name Daytime Telephone Number Michael A. Scherer, Esq __ . ___ __ __ __ __ __r.a_ Firm Name (HApp4cable) - __ __ REGISTER OF _~USEONLY y' i r; ._ ___ _ _ O'Brien, Baric & Schere ~ ,. ,_ ~, First One of address - . - ~ I -, 19 W. SOUth Street ~ . _- --, . J ; , { ,: Second line of address I , r _~ `-~ '"i7 ~ _ __ __ __ . ~' -~ ~ ~i _ -_ . _ . .. _. DATt~ ~ City or Post Office _ _ State ZIP Code ~ ~ Carlisle PA 17013 ~ Correspondent's e-mail address: Under penalties of perjury. I dedere that I have exerrrNred ttds return, brcluding acoarrperrying schedWes aTxl etatenwnfa, and to the beet of my Wwwledge and belief, it Is true, caorrect and complete. Dedaratlon d preperer clher than the peraonel repreeer~ve N based on all information of vrhlch preperer has any imoavledge. SIGNATUR PE RE SIBLE FgJNG RETURN DATE to - a c~ - c~ --- ADDRESS J ~' ~ r ~ .aCe. .~~e . u~~ e~ ~ % 7d E~ ~- SIGNATU ERA4RER THF~ THAN PRESENTATIVE ` DATE ADDRESS~~~~ -- ~1 Z~ ~ ~~ `~ I~r 5~~~ 12, ~Sr~ u-~--- C z r 1, s C~ ~~~ r ~ -~ i 3 PLEASE USE ORIQINAL FORM ONLY Side 1 15056051058 15056051058 1 REV-1500 EX 15056052059 Decedent's Name: Leann@tte B Brown RECAPITULATION 1. Real estate (Schedule A) . ............................................ 1. 2. Stocks and Bonds (Schedule B) ....................................... 2. 3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) ..... 3. Decedent's Social Security Number 174-20-4428 49,413.62 80.44 4. Mortgages 8 Notes Receivable (Schedule D) ......................... .... 4. 5. Cash, Bank Deposits 8 Miscellaneous Personal Property (Schedule E) .... .... 5. 6. Jointly Owned Property (Schedule F) Separate Billing Requested .... ... 6. 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (Schedule G) Separate Billing Requested.... .... 7. 8. Total Gross Assets (total Lines 1-7) ................................. ... 8. 9. Funeral Expenses & Administrative Costs (Schedule H) .................. ... 9. 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) ............. ... 10. 11. Total Deductions (total Lines 9 & 10) ................................ ... 11. 12. Net Value of Estate (Line 8 minus Line 11) ........................... ... 12. 13. Charitable and Governmental BequestslSec 9113 Trusts for which an election to tax has not been made (Schedule J) ..................... ... 13. 14. Net Value Subject to Tax (Line 12 minus Line 13) ..................... ... 14. TAX COMPUTATION -SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a)(1.2) X .0_ 15. 16. Amount of Line 14 taxable at lineal rate X .0 _ 1 g, 17. Amount of Line 14 taxable at sibling rate X .12 17, 18. Amount of Line 14 taxable at collateral rate X .15 1R 19. TAX DUE ......................................................... 19. 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT 15056052059 Side 2 1,119.78 50,613.84 17,400.32 17,132.75 34,533.07 16,080.77 16,080.77 0.00 0.00 15056052059 REV-1500 EX Page 3 File Number n,.,....a...~.+~~ `.,.,,.,Into Artliirncc• 21 09 348 DECEDENT'S NAME DECEDENT'S SOCIAL SECURITY NUMBER Jeannette B Brown _ 174-20-4428 STREETADDRESS 901 Sandbank Road CIS, STATE ZIP Mount Holly Springs PA 17065 Tax Payments and Credits: 1. Tax Due (Page 2 Line 19) 2. CreditslPayments A. Spousal Poverty Credit B. Prior Payments C. Discount Total Credits (A + B + C) (2) 3. Interest/Penalty if applicable D. Interest E. Penalty Total InterestiPenalty (D + E) (3) 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Fill in oval on Page 2, Line 20 to request a refund. (4) 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) A. Enter the interest on the tax due. (5A) B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (56} Make Check Payable to: REGISTER OF WILLS, AGENT o.ao 0.00 PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred :.................................................................................... ...... ^ b. retain the right to designate who shall use the property transferred or its income : ...................................... ...... ^ c. retain a reversionary interest; or .................................................................................................................... ...... ^ ^ d. receive the promise for life of either payments, benefits or care? ................................................................ ...... If death occurred after December 12, 1982, did decedent transfer property within one year of death 2 . without receiving adequate consideration? ........................................................................................................ ...... ^ 3. Did decedent own an "intrust for" or payable upon death bank account or security at his or her death? ....... ....... ^ 4. Did decedent own an individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? ................................................................................................................. ....... ^ IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is three (3) percent [72 P.S. §9116 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is zero (0) percent [72 P.S. §9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets antl filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is zero (0) percent [72 P.S. §9116(a)(1.2)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is four and one-half (4.5) percent, except as noted in 72 P.S. §9116(1.2) [72 P.S. §9116(a)(1)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is twelve (12) percent [72 P.S. §9116(a)(1.3)]. Asibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. REV-1502 EX+ (11-08) ~ Pennsylvania SCHEDULE A DEPARTMENT OF REVENUE REAL ESTATE INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Jeannette B. Brown 21-09-348 All real property owned solely or as a tenant In common must be reported at fair market value. Fair market value is defined as the price at which property would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both having reasonable knowledge of the relevant facts. Real property that Is folntty-owned with right of survhrorshlp must be disclosed on Schedule F. Attach a copy of the settlement sheet if the property has been sold. ITEM Include a copy of the deed showing decedent's interest if owned as tenant in common. VALUE AT DATE NUMBER OF DEATH DESCRIPTION 890 & 901 Sandbank Road, Mt. Holly Spings, PA 17016. Net sale price, see attached HUD-1 49,413.62 This real estate was one tract containing two houses. One house was extremely small and was literally falling down. The second house is on a slab and was packed full of valueless personal property. The yard was overgrown and the home was in very poor condition. A realtor suggested a value of $50,000 to $60,0000. Several informal offers were received and the highest offer was accepted. Property was conveyed immediately and "AS IS." See attached photos. Add $1,000 to account for down money. TOTAL (Also enter on L1ne 1, Recapitulation.) I $ 49,413.62 If more space is needed, insert additional sheets of the same size. REV-1503 EX+ (8-98) SCHEDULE B COMMONWEALTH OF PENNSYLVANIA STOCKS & BONDS INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Jeannette B. Brown 21-09-348 All property Jointiyowned with right of survivorship must be disclosed on Schedule F. (tf more space is needed, insert additional sheets of the same size) REV-1508 EX+ (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATE OF FILE NUMBER Jeannette B. Brown 21-09-348 Include the proceeds of litigation and the date the proceeds were received by the estate. Ail property jointly-owned with right of survivorship must ba disclosed on Schedule F. tir more space is neeaeo, insert aatlrtional sheets of the same sae) REV-15t1 EX+(12-99) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATNE COSTS ESTATE OF FILE NUMBER Debts of decedent must be reported on Schedule L ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: ~~ Hoffman Roth Funeral Home 6,583.32 2• Reverend Harold Posey 100.00 s. Carolyn Bixler, organist 30.00 B. ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions 2,5oa.oo Name of Personal Representative(s) JOhn Ile Social Security Number(s)lEIN Number of Personal Representative(s) 20430-6782 Street Address 594 Shadyside Drive Ciry Chambersburg .state PA zp 17202 Year(s) Commission Paid: 2009 2. Attorney Fees 7,500.00 3. Family Exemption: (If decedent's address is not the same as daimant's, attach explanation) Claimant Street Address City ,State _Zip Relationship of Claimant to Decedent 4. Probate Fees 87.00 5. Aarountant's Fees 350.00 6. Tax Return Preparer's Fees 250.00 7. TOTAL (Also enter on line 9, Recapitulation) I $ 17,400.32 (If more space is needed, insert additional sheets of the same size) REV-1512 FX- ,12-Ct;; ji`~~n~~ Pennsylvania DEPARTMENT OF REVENUE INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES & LIENS ESTATE OF FILE NUMBER Jeannette B. Brown 21-09-348 Report debts incurred by the decedent prior to death that remained unpaid at the date of death, including unreimbursed medical expenses. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH I Embarq- phone service to residence 136.10 2. FC&A, order numbers 17-324870-9; 17-456978-0; 17-485124-6; 17491043-0 162.84 3. CITGO 218.42 4. Comcast 67.01 5. Erie Insurance 178.00 6. Shipley Energy 773.48 7. RMC for Mind, Body and Spirit 121.46 8. Mount Holly Springs Borough: water service 12.32 9. Bretzman's Garage 442.25 10. Credit One 133.63 11. Horizon Eye Care 50.00 12. Doubleday Book Club 54.54 13. Amerimark 500.96 14. Met Ed 138.04 15. Martin's Onsite Storage 82.68 16. North Shore Agency 47.94 17. Robert O'Brien, Esquire 209.82 18. Red Cooper 28.94 19. Citi Financial 13,644.32 20. Harold Posey 100.00 21. Carolyn Bixler 30.00 TOTAL (Also enter on Line 10, Recapitulation) $ 17,132.75 If more space is needed, insert additional sheets of the same size. REV-1513 EX+ (9-00) SCHEDt~LE J COMMONWEALTH OF PENNSYLVANIA BENEFICIARIES INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Jeannette B. Brown 21-08-0348 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE I TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under Sec. 9116 (a} (1.2)) 1 • 8arnitz United Methodist Church, 23 Church Lane, Carlisle, PA 17013 charity 8 0% r e s i d u a r y 2• Cumberland County Prison Ministries clo Chaplain Hugh Foshee charity 20% residuary 1101 Claremont Road, Carlisle, PA 17013 ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET lI NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET I $ 0.00 (If more space is needed, insert additional sheets of the same size) LAST WILL AND TESTAMENT OF JEANNETTE B. BROWN I, Jeannette B. Brown, of Cumberland County. Pennsylvania, being of sound mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking all other wills and codicils heretofore made by me. FIRST I direct the payment of my debts and the expenses of my last "'! illness and funeral from my estate as soon after my death as conveniently may ~; be done. I have preplanned my funeral and all other arrangements associated ~~ with my death with Hoffman Roth funeral home. G I' SECOND I make the following specific bequests: ~i ~~ A. My collection of Native American items shall be given to Susquehanna University to be disposed of by those persons associated with a trust created to assist Native Americans. B. All my jewelry, furs, sterling silver and china to Anna Mae Ile. C. My bible collection and books to Reverend John Ile. If possible, I would like him to display the bible collection during World Bible Week. D. My electric player piano with rolls and the Wurlitzer electric organ with speaker, to the Reverend John and Anna Mae Ile. THIRD I give, devise and bequeath the rest, residue and remainder of my estate of whatever nature or wherever situate to Reverend John Ile and Robert L. O'Brien, Esquire, or the survivor, in trust, for them to distribute to the local charitable organizations that I have been associated with. Their ~; decision shall be final and in their discretion they may give to one, a few, or many of the organizations, in such amounts as they determine. In the event that they reach an impasse on a distribution, the Court shall appoint a local minister to provide binding arbitration. FOURTH ii ,; v~'i I direct that no trustee, personal representative, guardian or other fiduciary named, nominated, or appointed by this my Last Will and I~ ',; Testament shall be required to post any bond or give any security of any type '~~ for any purpose whatsoever, any law or rule of the court of the Commonwealth i'~ ~;; ~i of Pennsylvania or any other jurisdiction to the contrary notwithstanding. ~I FIFTH !, My personal representative shall have the following powers in ~I addition to those vested in them by law and by other provisions of this will, applicable to all property, real, personal or mixed and wheresoever situate. including property held for minors, whether principal or income, exercisable without court approval, and effective, with respect to each item of said 'f property until actual distribution thereof. A) To retain, as investments of my estate or trust, any or all assets of my estate, real, personal, or mixed, without regard to any principal of diversification, and to purchase and acquire real or personal property and to hold any or all of such real and personal property retained or acquired without making the same productive of income. B) To pay all taxes, charges and expenses of maintenance, upkeep, improvements, development, protection, preservation and investment of any retained or acquired real or personal property, such payments to be made from either principal or income as my personal representative shall determine. C) To retain or invest any and all funds, whether principal or income, in any real or personal property without restriction to legal investments; to purchase investments at premiums; to exercise all rights of a ~~' . '~ ' security holder or share holder in any corporation; and to lease, mortgage, pledge, give options upon or sell at public or private sale and without approval of any court, any real or personal property, or portion or portions thereof, irrespective of the manner or the means by which the same was r acquired by my said personal representative. ,~ D) To make payment or distribution herein provided for in cash, kind or partly in cash and partly in kind, at valuations fixed by my personal representative at the time of distribution. SIXTH Any and all payment or payments of any sum or sums, whether in cash or in kind and whether for principal or income, payable to an heir, shall be made upon the sole receipt of the respective individual to whom the payment is made, and free from anticipation, alienation, assignment, attachment, and pledge, and free from control by the creditors of any such beneficiary. All shares of principal and income herein given shall be free from anticipation, assignment, pledge, or obligations of any beneficiary and shall not be subject to any execution or attachment. ; SEVENTH I appoint Reverend John Ile and Robert L. O'Brien, Esquire, as Co- Executors of this my Last Will and Testament. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of five (5) typewritten pages, the first three (3) of which bear my signature in the margin for the purpose of ~1 I identification, this G'~"`- ~ day of ~ 2002. ~''~~~ ~. (Seal ) JEANNETTE B. BROWN Signed, sealed, published and declared by the above named testatrix, Jeannette B. Brown, as and for her Last Will and Testament, in the presence of us, who, at her request, in her sight and presence, and in the sight and presence of each other, have hereunto subscribed our names as witnesses. 1~~~-~ ADDRESS. ~.~ ~a.s~ ~~-~z~ ~ , ~ev~~..s(!Z P~ ~~- ~~~- ADDRESS 3~ ~.~ve, , ~ ,E !7a/3 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND We, Jeannette B. Brown, 6~Ya~~ and ~~~ (~~'~2,CQ.n ~ ,the testatrix and the witnesses . respectively , whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testatrix signed and executed the instrument of her Last Will and Testament, and that she signed willingly and that she executed as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testatrix, signed the Will as witnesses, and that to the best of their knowledge, the testatrix was at the time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. Sworn to and subscribed before me this 9th day of May, 2002. 7 Naiarial Seal Janriifer S. Lindsaf. Notary Pub~ir Carlisle Faro, C~rr.terla^~+ Co~.:nty nny Cam~rdssion Erpires ~iay. 2g n(~ Ap y~ r 2JV I 41.~iJ I~JCV..ica: 1, C'%!i~a!il?7 ~~I M1i^' ~"~ ,i^ ~ rrevious egnions are oosoie,e A. Settlement Statement _ __ loan HUD-1 t3/BF! re! Handbook 4305 2 U,S. Department of Housing and Urban Development OMB A covet No. 2502-0265 ex ices 11/3012009) o. i pe ui ~ 1. I]FHA 2. OFmHA 3. OConv. Unins. 6. File Number 7. Loan Number 8. Mortgage Insurance Case Number 4. OVA 5. ~Conv.lns. 09.6983WTAG ,s orm ,s umis e o gwe you e s a amen o a u se amen cos s. moun s pay o y se amen agen era s C. Note: Items marked "(p.o.cJ" were paid outsitle the Dosing; they are shown here for information purposes and are not mcluded in the totals. TlteEXpfe55 Settlement System WARNING: It is a crime to knrnwngly make false statements to the United States on This or any oMer similar /orm. Penalties upon wnviuion wn intrude a me end kn risonment. Far details see. Title is U. S. Code Section toot and Section 1oto. Printed 0611612009 at 16:19 TAG D. NAME OF BORROWER: ROGERS 8 SON LAWN CARE & LANDSCAPING LLC ADDRESS: E. NAME OF SELLER: ESTATE OF JEANNETTE B. BROWN ADDRESS: F. NAME OF LENDER: FULTON BANK aoDRESS: P.O. BOX 239 EAST PETERSBURG PA 17520 G. PROPERTY ADDRESS: 890 & 901 SANDBANK ROAD, MT HOLLY SPRINGS PA 17065 Townshi of Dickinson H. SETTLEMENT AGENT: Homesale Settlement Services, 2555 Kingston Rd, Ste. 225 York, PA 17402 PLACE OF SETTLEMENT: 1680 Kenneth Road York PA 17408 I. SETTLEMENT DATE: 06/1612009 J. SUMMARY OF BORROWER'S TRANSACTION: K. SUMMARY OF SELLER'S TRANSACTION: 100. GROSS AMOUNT DUE FROM BORROWER 400. GROSS AMOUNT DUE TO SELLER 101. Contract sales rice 50 000.00 401. Contract sales rice 50 000.00 102. Personal Pro art 402. Personal Pro art 103. Settlement char es to borrower line 1400 2447.25 403. 104, 404. 105. 405. Ad'ustments for items aid b seller i n advance Ad'ustments for items aid b seller in advance 106. Cit /town taxes 06/16109 to 12131/09 10.50 406. Cit /town taxes 06116/09 to 12131109 10.50 107. Count taxes 06116109to12131109 123.16 407. Coun taxes 06116109to12131109 123.16 108. School Taxes 06116109to06130109 44.13 408. School Taxes 06116109to06130109 44.13 109. 409. 110. 410. 111. 411, 112. 412. 120. GROSS AMOUNT DUE FROM BORROWER 52 825.04 420. GROSS AMOUNT DUE TO SELLER 50177.79 200. AMOUNTS PAID BY OR ON BEHALF OF BOR ROWER 500. REDUCTIONS IN AMOUNT DUE TO SELLER 201. De osit or earnest mone 1 000.00 501. Excess De osit see instructions 1 000.00 202. Princi al amount of new loans 37 500.00 502. Settlement char es to seller line 1400 764.17 203. Existin loan s taken sub'ect to 503. Existin loan s taken sub'ect to 204. 504. Pa off of First Mort a e Loan 205. 505. 206. 506. 207. 507. 268. 508, 209. 509. Ad'ustments for items un aid b seller Ad'ustments for items un aid b seller 213, 513. 214. 514. 215. 515, 218, 516. 217, 517. 218. 518. 219, 519. 220. TOTAL PAID BYIFOR BORROWER 38 500.00 520. TOTAL REDUCTION AMOUNT DUE SELLER 1 764.17 300. CASH AT SETTLEMENT FROM OR TO BORROWER 600. CASH AT SETTLEMENT TO OR FROM SELLE R 301. Gross amount due from borrower line 120 52 625.04 601. Gross amount due to seller line 420 50 177.79 302. Less amounts aid b lfor borrower line 220 38 500.00 602. Less reduction amount due seller line 520 1 764.17 303. CASH FROM BORROWER 14125.04 603. CASH TO SELLER 48 413.62 SUBSTITUTE FORM 1099 SELLER STATEMENT: The information contained herein is Important tax information and is being furnished to the Internal Revenue Service H you are required to fie a return, a negligence peneky or Other sanction will be imposed on you if this item is requiretl to be reported antl the IRS tletemlines that it has not bean reported. The Contract Sales Price tlesrxibed on line 401 aDOVe constitutes the Gross PfOCeeds or tlils lransatllgn. Vou are required by law to provide the sedlemenl agent (Fed. Tax ID No: ) wdh your correct taxpayer itlantifiralion number. N you do not provide your correct taxpayer idenlHication number, you maybe subject to civil or criminal penall,es imposed by law. Untler perjury, I ceAify that Iha number shown on this statement is my conecl taxpayer itlent8icalion number. 71 N: -_ ~ -.~- SELLER(S)SIGNATURE{S)~. 1 SELLER(S) NEW MAILING ADDRESS: SELLER(S)PHONE NUMBERS. (H) (W) __ _ _ _ Previcus etlitions are oosclele form HUD-~ r3/BFI ref Hantlbook 430'.2 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT File Number: 09.6983W PAGE 2 nrTTl c\AC\IT CTATG\ACAIT Tifle[,.nrecc Cefflcmcnf C~rctcm Printori nFlt Fl~(ln4 at 1F 1Q TAI; VLi is.s~t~fl..r~r vrr+. v... ~..~ ....__.. ._____.__..._.__ _._ L. SETTLEMENT CHARGES __ PAID FROM PAID FROM 700. TOTAL SALESlBROKER'S COMMISSION based on rice $50 000.00 = BORROWER'S SELLER'S Division of commission line 700 as follows: FUNDS AT FUNDS AT 701 $ to SETTLEMENT SETTLEMENT 702. $ to 703. Commission aid at Settlement 800. ITEMS PAYABLE IN CONNECTION WITH LOAN 801. Loan Ori ination Fee °! 802. loan Discount 803. A raisal Fee 804. Credit Re ort 805. Lender's Ins ection Fee 806. A lication Fee 807. Tax Service Fee 808. Document Pre aration to FULTON BANK 150.00 809. Flood Certification to FULTON BANK 13.50 810. 811. 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901. Interest From to $ Ida 902. Mort a e Insurance Premium for to 903. Hazard Insurance Premium for to 904, 905. 1000. RESERVES DEPOSITED WITH LENDER FOR 1001. Hazard Insurance mo. $ fmo 1002. Mort a e Insurance mo. $ Imo 1003. Cit Pro art Taxes mo. $ 1.61 Imo 1004. Count Pr en Taxes mo. $ 18.83 !mo 1005. School Taxes mo. $ 89.51 Imo 1009. A re ate Anal sis Ad'ustment 0.00 0.00 1100. TITLE CHARGES 1101. Settlement or closin fee 1102. Abstract or title search to Chris K ne 240.00 1103. Title examination 1104. Title insurance binder 1105. Document Pre aration 1106. Notar Fees to Noia Public 25.00 14.00 1107. Attorne 's tees includes above items No: 1108. Title Insurance to Old Re ublic Title 558.75 includes above items No: 1101-1104 1108 Basic Rate 1109. Lender's Polic 37 500.00 - 11 t 0. Ownets Pofic 50 000.00 -558.75 111 t. End 100 300 710 900 to Old Re ublic Title 200.00 1112. Wire Fee to Homesale Settlement Services 1113. Closin SvcLtr to Old Re ublic Title 35.00 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recordin Fees Deed 48.50 • Mort a e $ 76.50 Release $ 125.00 1202. Cit (Count taxlstam s Deed 500.00 Mort a e 500.00 1203. State Taxlstam s Deed 500.00 Mort a e 500.00 1204. 1205. 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Surve 1302. Pestlns ection 1303. Electronic Document Pre Fee to Homesale Settlement Services 1304. 1305. 2009 Co/Tw Taxes to Dickinson Townshi Carol n McQuillen T.C 245.17 1306. Tax Certification to Dickinson Townshi Carol n McQuillen T.C 5.00 1307. Overni ht and Handlin Fees to Homesale Settlement Services 1308. _ 1400 TOTAL SETTLEMENT CHARGES (enter on lines 103 Section J and 502 Section K) 2 447.25 764.17 HUD CERTIFICATION OF BUYER AND SELLER I have carefully reviewetl the HUD-t Settlement Statement arW to the bast/ of my knowletlge antl belief, N rs a true antl accurate statement of all receipts antl tllsbursemenls metle on my account or by ma in Ih/sf~/t//~., acl~iort I funher Cfe//n/ify (hat (rave receivetl a copy m the HUD-1 Settlement Statement. fC1AS/7%/1Pi~il7 /\ I T~ir/~~ ROU'EIrS"SSOR~{90FCAH 11QC7-Cf. ~~~ ~~ ~. WARNING IT IS A CRIME TO KNOWINGLY MAKE FALSE STATEMENTS TO THE The HUD-1 Settlement Slalemen which 1 have preparetl Is a Uue antl accurate account of This transaction. UNITED STATES ON THIS OR ANV SIMILAR FORM. PENALTIES UPON CONVICTION I h w s tl or will caure t f ntls to be tlisbursetl in acwrtlance with this statement. CAN INCLUDE A FINE AND IMPRISONMENT. FOR DETAILS SEE TITLE 1B' U. S. CODE SECTION '1001 AND SECTION 1070. 6y t l ~ / I~ /Q C I L,1 Prepared by: O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Parcel ID # 018-12-0338-042 This Indenture, made this I S~'~ day of ~~~ , 2009, Between JOHN ILE, EXECUTOR OF THE ESTATE OF JEANNETTE B. BROWN, late of Cumberland County, Pennsylvania, (hereinafter called the Grantor, of the one part, and ROGERS AND SON LAWN CARE & LANDSCAPING, LLC, a Pennsylvania limited liability company, with an address of , County, Pennsylvania, (hereinafter called the Grantee of the other part, Witnesseth, the said Jeannette B. Brown, by her Last Will and Testament, duly proved and recorded n the Register's Office of Cumberland County, Pennsylvania, as Estate No. 21-09-0348, provided inter alia, as follows: 7. I appoint Reverend John Ile and Robert L. O'Brien, Esquire, as Co-Executors of this my Last Will and Testament..... WHEREAS, the said Robert L. O'Brien, Esquire, renounced his right to serve as Executor and John Ile was duly appointed as Executor by virtue of a decree of the Register or Wills of Cumberland County of Apri121, 2009. NOW THIS INDENTURE WIT'NESSETH, that the said Grantor, by virtue of the power and authority aforesaid, in said Will contained, and in consideration of the sum of Fifty Thousand and 00/100 Dollars ($50,000.00) to it paid by the said Grantee, at and before the unsealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold and conveyed and does hereby grant, bargain, sell and convey to the said Grantee, its heirs and assigns forever. ALL that certain lot of land situate in the Township of Dickinson, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at the intersection of the center lines of Spruce Run Road and the private road leading to the lot now or formerly of Chris Ott, Stuart Estate and James Dougherty; thence along center line of said private road, South 23.5 degrees West, 383 feet to a point marked by an iron pin; thence in a Northwesterly direction along the line of lands now or formerly of Adam C. McGonigal, formerly part of the land hereby conveyed, 345 feet to a point in the center line of the Spring Run Road marked by an iron pin; thence by the center line of said Spruce Run Road in an Easterly direction, 140 feet to the place of BEGINNING, and having thereon erected a dwelling house. BEING the same premises which E.L. Gaughen and Lorena G. Gaughen, by Deed dated February 8th, 1990 and recorded February 14, 1990 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book K 34, Page 379, granted and conveyed unto Jeannette B. Brown, Grantor herein. TOGETHER with all and singular, the tenements, hereditaments and appurtenances to the same belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and also, all the estate, right, title, interest, property claim and demand whatsoever, both in law and equity, of the said Grantor, of, in to or out of the said premises, and every part and parcel thereof. TO HAVE AND TO HOLD the said premises, with all and singular the appurtenances, unto the said Grantee, its heirs and assigns, to and for the only proper use and behoof of the said Grantee, its heirs, assigns and successors forever. In Witness Whereof, the said Grantor has hereunto set his hand and seal the day and year first above written. Sealed and Delivered IN THE PRESENCE OF US: +I~ / {SEAL} Estate of Jeannette B. Brown By: John Ile, Executor Commonweal h of Pennsylvania ) r~~,~~Nr~ ): ss. County o ~ ) i On this, the ~~ day of ~ ~ , 2009, before me, the undersigned officer, personally appeared John Ile, Executor of the Estate of Jeannette B. Brown, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set nd and officia f 1 Notary Public 3 f Z ~~ My commission expires COMMONWEALTH OF PENNSYLVANIA Notarial Seal".~ ' David A. Baric, Nota{~ ~?ublic Carlisle Boro, Cumberland Gourriy My Commissbn Expires ~ 12, 2010 Member, Pennsylvania AssoC.4'tr of Notaries The precise residence and the complete post office address of the above-named Grantee is: On Behalf of the Grantee FORM# RAYAC-201 AGREEMENT OF SALE Rev.6/O6 Form approved by REALTORS®Assaciation of York and Adams Counties, Inc. Page 1 of 3 The use of this form is reserved for and restricted to membere of the REALTORS®Assoelation of York and Adams Counties, Inc. BROKER: None SALES ASSOCIATE: None Acting as: ( )Buyers Agent ( )Transaction Licensee ( )Sub-Agent ( )Dual Agent ( )Designated Agent for Buyer with Broker as Dual Agent of Seller and Buyer IN COOPERATION WITH BROKER: None SALES ASSOCIATE: None Acting as: ( )Sellers Agent ( )Transaction Licensee ( )Dual Agent ( )Designated Agent for Seller with Broker as Dual Agent of Seller and Buyer THIS AGREEMENT is made this 1. PARTIES: Between Eatat hereinafter called Seller, and day of MaY , 2009 (residing at 16517 Greenbrier Rd York PA Zip 17404 ) hereinafter called Buyer. 2. PROPERTY: Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: ALL THAT CERTAIN tract of ground with improvements thereon, if any, known as 890 and 901 Sandbank Rd Municipality Mt Holly Springs ,County Cumberland ,State PA ,Zip 17065 Identification: (Tax ID #; Parcel #; Deed BooklPage) 3. ZONING: The ZONING CLASSIFICATION of the property is Residential .Failure of this Agreement to contain the zoning classification (except in cases where the property and each parcel thereof, if subdividable, is zoned ktlty or primarily to permit single family dwellings) shall render this Agreement voidable at the option of the Buyer, and, if voided, any deposit tendered by the Buyer shall be returned to the Buyer without any requirement for court action. 4. PURCHASE PRICE: The purchase price is $ 50,000.00 (Fifty thousand Dollars) to be paid in cash o equivalent at time of settlement. 5. DEPOSITS: Security for the purchase is to be as follows: a) Cash/check at signing of this Agreement. "~ryQ' $ b) Cash/check on or before Zooq ~L $ a . Q c) Note/other (specify) ~ $ 6. FINANCING CONTINGENCY: This sale is contingent upon the following financing for Buyer: a) The amount of first mortgage financing of $ n/a , is for a term of n/a years. The type of financing is n/a ^ Fixed ^ Adjustable ^ Insured with an interest rate of n/a °~; however, Buyer agrees to accept the interest rate as may be committed by the mortgage lender, not to exceed a maximum interest rate of n/a °~, b) The amount of second mortgage financing of $ n/a , is for a term of n a years with an Interest rate of n/a Y°. c) The Seller agrees to pay Buyer's clos(ng costs, including prepaid expenses in the maximum amount of n/a d) The maximum financing placement, origination, or loan discount fees, to be paid by BUYER shall not exceed n/a % of loan amount. e) Unless otherwise agreed by Seller, Buyer's financing shall not be contingent upon sale or settlement of any real estate owned by Buyer. f) Buyer shall make a completed application incuding payment for appraisal and credft report, to a responsible lending institution on/ar before n/a .Should the Buyer tail to make such completed application within the specified time, It shall be the option of the Seller to declare this Agreement of Sale null and void at which time all deposit monies paid on account shall be forfeited to the Seller as liquidated damages and copies of this Agreement shall be returned to the Seller's agent for cancellation. Financing terms as stated above cannot be than without written agreement of all parties. g) All written mortgage commkments must be provided to Seller by n/a ,provided, however, Buyers mortgage commitment must not be conditioned upon verification of Buyers employment, credit, income or completion of real estate appraisal. If written commitments are not received by the above date, Buyer and Seller agree to extend the commitment date until Seller terminates this Agreement in writing; and in such event, any deposit shall be returned to Buyer. T. ADDITIONAL TERMS AND CONTINGENCIES ARE: ~~ f3 y~~- a) Written acceptance of all parties must be obtained on or before: June .:4", 2009 ~j b) Settlement is to be made on or before: ~dar,e~6~2998 ~~ ~n t !(a . 7 +~ c) Possession is to be delivered: At settlement • ' `~ d P t f t ill b di f id ll b t B S i ji t 1 ^Lr '- ) aymen rans er taxes w o e v ed equa y e ween uyer and ler. e e) All income and expenses, including but not limited to real estate taxes, rents, water, sewer and refuse charges, condo fees, homeowners' association fees and similar charges, public or prtvate, shall be prorated to date of (settlemenUpossession) on a fiscal year basis. f) Title to be vested at time of settlement f FIXTURES, TREES, SHRUBBERY, ETC.: All plumbing, heating, air conditioning and electrical systems and fixtures and systems appurtenant thereto _ . and forming a part thereof, antennas, masts and rotor systems; screens, stone windows and/or doors, shades, awnings, blinds, drapery and curtain ~v rods and hardware; radiator covers, kitchen cabinets, built-In appliances and wall-to-wall carpet, all trees, shrubbery, and plantings now on property, garage door openers, storage sheds, remaining healing and cooking fuels, exctuding propane, stored on the property at time of settlement, and ~ l_ C 1?~~rS'~~iiF~ t-- t~ 7-+~'r'c'T-~T''~ t~ t i'-i~t,./ !-/~~7s Z ~.-~-'7 1+k cc ;~•r Ai I ~ f 1 ~ fir; ~ r.a., .4 h :~ ~'+/ ELM ~- are INCLUDED in the sale and purchase price. The following items are EXCLUDED from the sale: ~ None of the above-mentioned included items shall be removed by Seller from premises after the date of this Agreement. Seller hereby warrants that ) ~1! C:=- Seller will deliver good title to all the articles described in this paragraph, and any other factures or items of personality specifically scheduled to be included in this sale. DISCLOSURESIINSPECTIONS IF ANY: Buyer acknowledges receipt of the mandatory Seller Disclosure Statement 1r1 i c~.. (initial) and a signed copy is hereby provided to the Seller. The following indicated written disclosures and/or addenda are made a part of this Agreement. ( )Disclosure and Inspectbn Addendum ( )Lead-hosed Palnt Testing Contingency ( ) VAIFHA Amendatory ClauselCeditication ( )Dual Agency Addendum ( )Housing Sale Lead-based Paint Disdosure Fonn ( ) Discbsure of Atif'ated Business Relationships ( ) Leadbased Paint Brochure ( )FHA Home Inspection Notice ( )Addendum for Property Not Connected to Public Sewer l ) ( ) Prudential Yost/West York 1680 Kenaedt RoadYork, PA 17408 Phone: Fax: Harry Naili Estate of lean Produced with ZipForm® by ztplogix 78070 Fifteen Mile Road, Fraser, Michigan 48028 www.zloLocix.com FORtUI# RAYAG201 Rev.6/06 Page 2 of 3 Address: 10. ASSESSMENTS AND NOTICES: As of the acceptance date of this Agreement, Seller represents the following: a) No public assessment or notice of a future public assessment for any matter Inciuding water, sewer, sidewalk or curbs, has been made against the ProPertY• b) Buyer understands that taxes may increase due to change of assessment or mileage retes. c) No condominium or homeowners' association assessments, N any, remain unpaid. d) Seiler has no knowbdge of any notice by arty govemnrental or public authority relating to violations of zoning, housing, buikding, safety or Ike ordinances or codes. e) Buyer is advised that access to a public road may require issuance of a highway occupancy permit from the Department of Transportation. 0 Sellers of property enrolled in the Cban end Green program shag, as required by taw, give the count' assessor 30 days notice of the pending sale. g) Buyer scknowledges that twilding codes, zontng ordinances, subdivision ordinances and restrieUve covenants may wntrol any adddion to or modification of the properly as well as restrtct the use of the property. if prior to settlement Seller receives any assessments or notices, as previously stated, then Seller shall immedietety give notice to Buyers. Unless otherwise prohibited try law, Buyer will be responsible for arty written notice served upon Seller attar execution of this Agreement and for the payment thereafter ofany public improvement and condominium or homeowners' asaodaUon assessments. 11. RIGHT-TO-FARM LAW 7 P.S. Section 981-957: The property you are buying may be located in an area where agricultural operations take plarre. Pennsylvania protects agricuRurel resources for tiro produeUon of food and agricultural products. The law limits circumstances where normal agrtwtturel operetions may (1e subject to nubance lawsuits ar restrtetlve ordinances. 12. TITLE AND COSTS: a) The Premises are to be conveyed tree and clear of all Ilene, encumbrances and easements, EXCEPTING HOWEVER: Existing bulding restrtctlone, ordinances, easements of roads, easements visible upon ttts ground, prhrileges ar rights of public service companies, M any; otherwise the title to the abovedescribed real estate shall be goad and marketable and such as will be insured by a reputable Title Insurance Comparry at the regular reles. b) If the Seller cannot give a good and marketable title, such as wAi be insured by a reputable Title Insurence Company ffi regular rates, then the Buyer has the option of taking such title as the Seller can gNe without abatement of price Or of being repaid ell monies paid by Buyer to Seller on account of the purchase and the Seller will reimburse the Buyer for any costs incurted by the Buyer for inspections specfied in paregreph ff9 and #12 (c) items (1), (2), (3), and in paragaph #12 {d); and in the latter event there shall be no further liability or obligation on either of the parties hereto and this Agreement shall become NULL AND VOID and alt copies will be returned to Sellers agent for cancellation. c) The Buyer wig pay for the following: 1) The premium for 1IUe insurance and/or titb search, or fee for cancellation of same, if any. 2) The premiums for food insurence and/or fire tnsurence with extended coverage, insurance binder charges or cancellation fee, if any. 3) Appraisal fees and charges paid in advance to mortgagee, ff arty. 4) Buyers normal settlement costs. d) Any survey or surveys which may be required by the Title Insurance Company or the abstracting attorney, for the preparation of an adequate legal description of the premises (or the correction thereof), shall be secured and paid for by the Seller. However, arty survey or surveys desired by the Buyer or required by hislher mortgagee shall be secured end paid for by the Buyer. 13. DOMESTIC RELATIONS LIEN: Pennsylvania law requires county Domestic Relations Offices to impose property liens for overdue child support. if appliceble, Buyer and Seiler shall advise their agenUlicensee so verificeUon of tlen status can be promptly determined. 14. DEPOSIT AND RECOVERY FUND: Deposits or hand monies shall be paid to Listing Broker, who shall retain the same until consummation or tertninetion of this Agreement in conformity with all applipble laws and reguiations. t.isting Broker may hold any uncashed check tendered as depose pending the acceptance of this offer. In the event of dispute for the return of deposit monies, Listing Broker will distnbute the monies pursuant to a final order of court or the written agreement of the parties. A real estaba recovery fund exists to reimburse persons who have suRered monetary loss and have obtained an uncollectable judgment due to fraud, misrepreaerdalion or deceit in a real estate transaction by a PertnsyNania licensee. For complete details, tali 717-783-3658. 15. TERMINATION AND RETURN OF DEPOSITS: a) If a Buyer terminates this Agreement pursuant to any right provkted in the Agreement, in the event, all deposit monies paid on account of the purchase price will be returned io Buyer and this Agreement shall be rendered null and void. The Broker holding deposit monies may ony release said funds according to the terms of an executed vrtitten agreement between Buyer and Seller and as permitted and required by the Rules and Regularions of the State Real Estate Commission. b) If there (s a dispute between Buyer and Seller over entitlement to deposit monies, a Broker is not legally permitted to determine ff a breach of the Agreement has occurred or which party is entitled to the deposit monies. A Broker holding deposit monies is required by the Rules and Regulations of the State Real Estate Commission to retain the deposit monies in escrow until the dispute Aetween the parties ~ resolved. In the event of litigation over deposR monies, a Broker fs ony authorized to distribute the monies according to the terms of a final order of court or a written agreement executed between the parries. Buyer and Seller agree that if any Broker or atfillated licensee is joined in litigation regarding distribution of deposit monies, the attorney's fees related costs of the Broker(s) and licensee(s) shall be paid by the party joining them. 16. TENDER AND POSSESSION: a) Title shall be tendered by way of warranty deed and possession is to be deMered by Kays to a vacant building (ff any) broom clean, free of debris or by deed and assignment of existing lease(s) at time of settlement if premises are tenant-occupied at the signing of this Agreement, unless otherwise specified herein. b) Seller wiN not enter into any new leases, wrttten extension of existing leases, fi any, of the premises without express written consent of the Buyer. c) Fortnai tender of an executed deed and purchase money is hereby waived. d) Buyer reserves the right to make ogre-settlement inspection of the subject premises. 17. MAINTENANCE AND RISK OF LOSS: a) Seller shall maintain the property (including all items mentloned in paragraph #8 herein) and any personal property spectficelly scheduled herein in its present condition, normal wear end tear excepted. b) Seller ahaU bear risk of lose from fire, or other casualties until time of settlement. In the event of damage to any properly included in this sale by fire or by other casuates, not repaired or replaced prior to settlement, Buyer should have the option of rescinding this Agreement and receiving ell monies paid on account or of accepting the property in its then eondtlion together with the proceeds of arty insurance recovery obtainable by Seller. Buyer is hereby notified that he may insure his equitable interest in this property as of the time of the acceptance of this Agreement (e) Buyer agrees, if necessary, to appy to not less than three insurance companies in order to secure basic Homeowners' insurance coverage. 19. RECORDING: This Agreement shall not be rewrded in the Ofllce for the Reeordkrg of Deeds or in any other office or pace of public record. 19. ASSIGNMENT: This Agreemerrt shall be bindkig upon the patties, theft respective heirs, personal represeMativee, guardians and successors, entl to the extent assignable, on the assigns of the parties hereto, Produced cash ZipFormrll by zipLOaix 19070 FMeen Mlle Road, Fraser, Mlehlgen 18028 wwN.zioLeaix.cam FORIvt# RAYAG201 Rev. 6/O6 Page 3 of 3 Address: 20. Code of Ethics and Standards of Practice of the Natlonal Association of REALTORS®1-t3: Buyer hereby admowtedges biting advised that REALTORS® are bound by a Code of Ethia and Standards of Practice established try the NATIONAL ASSOCIATION OF REALTORS®, Buyer hereby acknowledges being advLged of the possibility that Sellers or Sellers' representatives may not treat the existence, terms or condfllora of other offers as confldentlal unless confldenUallry is regWred by kw, regulatlons or by any txtnfldentlality agreement betaveert the parties. Z1. DEFAULT: Time shall be of the essence with reaped to performance of any obligatlan arising under this Agreement Compliance therefore must be made by the sperdlied date(s) or Seger may, at Sellers sole election, hold Buyer In breach of this agreement Shouts the Buyer. 1) fail to make any additional paymerds, as specified in paragraph #5, ar 2) famish false or incomplete informaflon to the Seiler, Sellers Agent or the mortgage lender eonceming the Buyers legal or 1Manciai stelae, or fag to cooperek In the proceasing of the mortgage loan eppficalion, which acs would result in the failure to obtain the approval of mortgage loan commibnertt, or 3) vlolak or fail to fulfill end perform any of the tarots or condltlons of title Agreement The Seiler may, at Sellers optbn, elect; a) to dedere the agreement of sale null and void; end b) to proceed against the buyer for Sellers actual damages; or c) to retain afl deposit money paid on atxount as fiquidakd damages which amount the parties agree is a reasonable sum and not in the nature of a penalty. Should the Seller vloiate or tail to tulflll and perform any of the terms and conditiorrs of this Agreement, Buyer may elect: a) to pursue Buyers remedy for spedfic performance of the Agreement; w b) proceed against the Seller for Buyers actual damages; or c) receive a return of the deposit money and also be entlUed to receive an additional sum equal to the deposit rtgnay paid on the account as Ilquidated damages which amount the parties agree is a reasonable sum and not in the nature of a penalty. 2Z. REPRESENTATIONS: Seller represents that Seier has Informed Buyer of any hidden or latent defects of which Seller has knowledge. It is understood that the Buyer has inspected the properly end any personal properly to be included in the sale or hereby waives the right to do so and has agreed to purchase it as a result of such inspecflon and not because of or in reliance upon any represenfatlons which were not inducted in this agreement whether made by any lxoker, transaction licensee or arty of their respective salespeople, employees, officers and/or partners. Buyer agrees that any and all stetemerds, daams, advertlsemerrts, marketlng, promotional exhfilts, bWlding and subdhrisbn plans made or presented try Seller, brokers, their licensees, employees, ottlcers, or partners are not incorporated In this agreement of sale unless expressly so stated to 6e made a part thereof The Buyer has agreed to purchase the property in Its present condtioon unless otherwise specified herein. It is further understood that this Agreement contains the whole Agreement between the Seller and the Buyer and there are no other terms obligatlons, covenants, repretrerdatiorts, statements or corxfltlons, oral w otherwise, of any kind whatsoever conceming this sale. Furthermore, this Agreement shall not be altered, amended, changed or modlfled except in vomiting executed by the par0es. 23. RELEASE: Buyer hereby releases, quit-deims and Porever dlecharges all real estate Itcensees, employees and any officer or partner of any one of them and any other person, firm or corporation who may be liable by or through them from any end all ddams, lasses tN demands, in law or equity, inducting but not limited to personal Injuries, property damage and arty and all of the consequences thereof, whether now known or not, which may arise from the presence of mold, all wood-boring Insects, redon, lead-based paint hazards, environmental hazards, any defects or deficiencies in the bnlot sewage disposal system and/or on .site water service system, or any detects or conditions on the property. This release shall survive settlement. 2t. MEDIATION: The Buyers, Sellers and Brokers agree that disputes relatlng to this Agreement SHALL be submitted to mediation in accordance with the REALTOR9®Assodatlon of York and Adams Counties, Inc., and that if any agreement to reached by the Buyers, Sellers and Brokers pursuant to a mediation conference, tt shall be binding upon them. The costs of mediation shall be shared equalry by Buyers, Sellers and Brokers named in the dispuk. This medlaUon conference must 6e concluded before any party to the dispute may initiate legal proceedings in any court system. Provided, however, any party may file a summons in court iF tt Is necessary to stop any statute of Iimitatlons from expiring, Thls duly to mediate disputes shall survive Mel settlement 25. EXECUTION: This Agreement and any amendments thereto, may be executed by the paNes by way of iransmisslon through a Facsimile (FAX) machine; such a wpy shall have the same legal enforceability and binding etiect upon the parties as though it were signed by all pertles to odglnal form. APPROVAL BY BUYFJ2: The Buyers hereto, intending to be legalry bound hereby, have hereunder set their hands and seals the day and year first above written. VNTNESS " " `-' "' I'~D ' v ~ BUYER ~`~"~ Otter Creek fates, Id,C (SEAL) WITNESS BUYER and/or assigns (SEAL) WITNESS BUYER (SEAL) APPROVAL BY SELLER: Seller hereby accepts/ceunleroffers the above proposal this day of .The effective date of this Agreement shag be the date on which the offer or any counteroffer is accepted as evidenced by the dated slgnaiure or dated initials. f ~A l i2 WITNESS "' Vn L ~ i 2(J ~ ~ ~~/ ~ ~I ~i?~ - r ~r~~ ~o J ~ SELLER- (SEAL) Estate of Jeannette H Brotm WITNESS SELLER (SEAL) WITNESS SELLER (gEgL) Produced with ZlpFomr®by apLopix ia070 Fiheen Mile Road, Fraser, Mlchipan 4ab26 www.aoLaabr.cam Estate of lean ADDENDUM TO AGREEMENT OF SALE Re: Estate of Jeannette Brown to Otter Creek Associates LLC and/or assigns The parties hereby incorporate the following terms into the foregoing agreement of sale: 1. The property is being conveyed "AS IS." Seller makes no representations or warranties regarding the condition of the property. Buyer is not relying upon any statements made by Seller or Seller's agents regarding the condition of the property. This provision supersedes any language to the contrary in the foregoing agreement of sale. 2. Buyer is obligated to furnish to Seller any of the following items located within the property if found by Buyer in connection with Buyer's clean-up of the property: native American items, jewelry, furs, sterling silver, bible collection, books, electric player piano, organ and china. 3. Buyer hereby releases the Executor, John Ile, Michael A. Scherer, Esquire and O'Brien, Baric & Scherer from any and all liability and claims in connection with the negotiation and consummation of the ~1j'~2NL~ x-012- t=Xc~w/~-;~ Seller Date: ~',,,, ~ °~ Z:, ~ c) foregoing agreement of sale. TaxDB Result Details Detailed Results for Parce108-12-0338-0 DistrictNo 08 Parcel ID 08-12-0338-042. MapSuffix HouseNo 890 Direction Street SANDBANK ROAD Ownerl BROWN, JEANNETTE B C/O PropType R PropDesc & 901 SANDBANK ROAD LivArea 812 CurLandVal 18000 CurImpVal 69590 CurTotVal 87590 CurPrefVal Acreage .06 C1GrnStat TaxEx 1 SaleAmt 32000 SaleMo 02 SaleDa 14 SaleCe 19 SaleYr 90 DeedBltPage 0034K-00379 YearBlt 1935 HF File Date 11/16/2004 HF Approval_Status A Page 1 of 1 i42. in the 2004 Tax Assessment Database http://taxdb.ccpa.net/details.asp?id=08-12-033 8-042.&dbselect= l 6/15/2009 • Hoffman-Roth Funeral Home & Crematory, Inc. 219 North Hanover Street Carlisle, PA 17013 (717)243-4511 May 29, 2009 The Funeral Service for Jeannette B. Brown 15596-85 We sincerely appreciate the confidence you have placed in us and will continue to assist you in every way we can. Please feel free to contact us if you have any questions in regard to this statement. THE FOLLOWING IS AN ITEMIZED STATEMENT OF THE SERVICES, FACILITIES, AUTOMOTIVE EQUIPMENT, AND MERCHANDISE THAT YOU SELECTED WHEN MAKING THE FUNERAL ARRANGEMENTS. OUR SERVICE: Graveside Service_ $3330.00 FUNERAL HOME SERVICE CHARGES $3330.00 SELECTED MERCHANDISE: Spencer 20 ga Steel $1630.00 Cave Proof,Concrete Box Int Recepc , $975.00 THE COST OF OUR SERVICES, EQUIPMENT, AND MERCHANDISE THAT YOU HAVE SELECTED $5935.00 Cash Advances Grave Opening $500.00 Death Certificates, $42.00 Sentinel. $50.06 Patriot $31.26 Memorial Folders _ _ _ _ _ _ _ _ _ $25.00 TOTAL CASH ADVANCES AND SPECIAL CHARGES . $648.32 Total Total Cost , $6583.32 TOTAL AMOUNT DUE $6SH3.3Z i This statement is net and payable in full within 30 days of receipt. ------------------------------------------------------------------ Please return this portion with your Remittance $ Amount Enclosed Service ID # 15596-85 Jeannette B. Brown l 11 ~} :a r ~' K '~nx ;'~ } 1 by '. - ~ p Zd~ i S X s~ ~~ "t }' ~ ti a r _ 't ~~ ` x `. '. 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