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HomeMy WebLinkAbout07-29-10IN RE VIOLA ROSE WHITLEY, IN THE COURT OF COMMON PLEAS OF An Alleged Incapacitated Person :CUMBERLAND COUNTY PENNSYLVANIA ~F~. DOCKET NO.• ~~-~~ ~~~~~ ORPHANS' COURT DNISION AND NOW, come the Petitioners, RANDY C. WHITLEY, Sr. and LISA W~-iI'$'LEY, by and through their attorney, Jason P. Kutulakis, Esquire, ABOM & KUTULAKIS, L.I.~.P. and files the within Petition for Appointment of Emergency Guardian, pursuant to Tide 20 Pa.G.S.A. § 5513, and in support thereof aver the following. 1. The alleged incapacitated person is Viola Rose Whitley (hereinafter "Rose', bon September 1, 1927, with an address of 27 Maple Drive, Mechanicsburg, Pennsylvania, 1705. a 2. Petitioners are Randy and Lisa Whitley (hereinafter "Petitioners' with an ad of 233;5. ~ ~ r;Ts -~ G Market Street, Mechanicsburg, Pennsylvania, 17055. ' ?;a ~ N -,~_ cn 3. Petitioners are son and daughter-in-law of Rose. `~m~'' ~ ~~ s,• ~_ p -~-~ ~ 4. Rose was predeceased by her husband Walter Whitley. --' c.n 5. Rose has four children: Larry DUhitley, Roger Whitley, Michael Whitley and Randy Whitley. 6. Petitioners are legally qualified and suitable to be Guardian of the Person ajnd .Estate of Rose. 7. Petitioners desire to be appointed the Guardian of the Person and Estate of Roe. 8. In the alternative, Petitioners do not oppose anon-family member, who ~ neutral and unbiased, being appointed as Guardian of the Person and Estate of Rose. 9. Petitioners have no interest adverse to the alleged incapacitated person, Rose. 10. Guardianship is sought to protect Rose's health and property. 11. There is presently no Guardian of the Person or Estate for Rose. 12. Insofar as the Petitioners are able to ascertain, the persons who are heirs under ;the intestacy r.? r~, { _,~ r r, ; f7 -_ , ~ ~ } -7 _~~ s. --, -~~ +._ ._t, _~_ f"=; `_w r'ti ~~ ~~ statute in Pennsylvania are: Name Ad es Larry Whitley, Son 92 Regenry Woods. North, Carlisle, PA 17013 235 Aberdeen Road, Ruffin, NC 27326 Roger Whitley, Son 745 Stone Jug Road, Lewisberry, PA. 1739 Michael Whitley, Son 1583 Brechbill Road, Chambersburg, PA.'',17201 Randy Whitley, Son 2338 South Market Street, Mechanicsburg, PA 17055 Each of the above will be notified of these proceedings. 13. Rose is incapacitated by a mental disease to the extent that she lacks .sufficient ulnd~xstanding or capacity to make or communicate decisions to meet the essential requiren~erYts for her health or safety or to manage her estate. 14. On May 15, 2007, Rose signed a Durable Power of Attorney designating heir oldest son, Lary Whitley, and his friend, Twila Gregg, as hex agents. Seg, Power of Attorney of V. Rose Whitley, dated May 15, 2007; attached hereto as Exhibit A. 15. Larry Whitley and Twila Gregg were appointed as agents without the knowled~e or consent of any of Rose's other children. j 16. On May 20, 2007, Rose was seen in the Holy Spirit Hospital and wasd~.gixosed with Be~,~ Dementia by Nurse Practitioner Pam Darden. 17. Once Petitioners became aware of the Durable Power of Attorney, they (attempted to contact Rose, without success, to determine her competenry to designate an ~.ge~t through the use of a Durable Power of Attorney. 18. On May 25, 2007, Rose signed a Revocation of Power of Attorney, stating I~ that Larry R Whitley and Twila Gregg no longer have the authority to act on her behal~l arrd that any authority conferred on Lary R Whitley and Twila Gregg is revoked, ~an~celled and terminated. See, Revocation of Power of Attorney, dated May 25, 2007, attached hereto as Exhibit B. 19. On November 9, 2007, Rose signed a document purporting to revoke Power of Attorney from "Patty Whitley", "Randy Whitley, Jr.", and "Randy Whitley, Sr." ~ Revocation, dated November 9, 2007, attached hereto as Exhibit C. 20. On November 16, 2007, Rose signed a .Durable Power of Attorney designating Randy C. Whitley, Jr. and B. Patricia Whitley as her agents. See, Durable Power of Atttorney, dated November 16, 2007, attached hereto as Exhibit D. 21. On or about December 2007, Rose began attending Messiah Village Adult Community on recommendation of her treating physicians. 22. On March 21, 2008, Francis J. Janton, M.D. of Pennsylvania Neurological Aslsociates, Ltd. noted that he recommended that Rose have twenty-four (24) hour supervision ,fore... hex safety as she was experiencing periods of confusion and disorientation. ee, Dr. Ja~ntan's Letter, dated March 21, 2008, attached hereto as Exhibit E. ', 23. Rose did attend the Messiah Village adult daycare program from December ~Z007 through appatoximately May 2010, when her son Larry Whitley removed her from the prbg~tam. 24. On Match 24, 2008, W. Scott Setzer, M.D. of Heritage Medical Group, noted #hat Rose was diagnosed with mild, early dementia and that Messiah Village was "appropriate end necessary for [Rose]." S~.e, Dr. Setzer's Letter, dated March 24, 2008, attached hereto as ~xlnibit F. 25. On or about June 2008, it is believed, and therefore averred, that Rose signed a Power of Attorney, designating her friend, Marty Wagner, as her agent. 26. On June 19, 2008, Dr. Janton examined Rose following her appointment ~or Power of Attorney to a "non-family member," and concluded that Rose was not "~neutologically competent to make a sound decision on her own behalf and therefore [her appointment of a power of attorney on June 6, 2008] would be null and void." See, Dr. Janton's Utter, dated June 19, 2008, attached hereto as Exhibit G. 27. Dr. Janton noted in his letter that Rose was in agreement to change the Power of Attorney back to herself, with Randy Whitley and Patty Whitley as designees. See, Dr. Janton's Letter, . dated June 19, 2008, attached hereto as Exhibit G. 28. On November 25, 2008, Rose signed a Power of Attorney appointing Larry ~ Whitley as her agent, and Twila D. Whitley as her alternate agent. See, Power of Att4rn~ey, dated November 25, 2008, attached hereto as Exhibit H. 29. It is believed, and therefore averred, that Rose did not have the capacity to sign the Power of Attorney appointed Larry R. Whitley as her agent on November 25, 2008. 30. On or about March 2009, Petitioner Randy C. Whitley, Sr. was removed from] the HIPAA disclosure list and was refused access to Rose's medical files upon inquiry. 31. Petitioners have been; therefore, unable to commutucate with Rose's treating phiysi¢ians. 32. On July 15, 2009, a North Carolina Special Warranty Deed was executed w)~en Viola R Whitley (a/k/a Rose), Larry R. Whitley and Twila D. Whitley (a/k/a/ Zr'wila Gregg) purchased a parcel of land known as 235 Aberdeen Road, Ruffin, North Carolina. ee Special Warranty Deed, dated July 15, 2009, attached hereto as Exhibit L 33. On July 17, 2009, a home equity line of credit was executed, with Citizens Bank of Pennsylvania as Lender and Viola R Whitley a/k/a Rose V. Whitley as Bor~ower, in the amount of X45,000.00, on Rose's residence at 27 Maple Drive, Mecharucsburg~, PA 17050. Sew, Line of Credit, dated July 17, 2009, attached hereto at Exhibit J. 34. On or about September 8, 2009, a North Carolina Quitclaim Deed was executed conferring the interest in the property located at 235 Aberdeen Road, Ruffin, North C~rolina 27326 from Grantor Viola R Whitley to Grantees Larry R Whitley and Twila D. ~bUhitley. See, Quitclaim Deed, dated September 8, 2009, attached hereto as Exhibit K. _ _ _ _ -~~ _ i ~ 35. In 2010, Rose's property at 27 Maple Drive Mechanicsburg, PA 17050 was listed fox sale through realtor David Jones of RE/MAX Realty Associates. -See, Multi-List, attached hereto as Exhibit L. 36. On June 16, 2010, Rose Whitley and Larry Whitley executed a Seller's Disclosure Form as a part of the listing process for the sale of 27 Maple Drive Mechanicsburg, PA 17050. See, Seller's Disclosure Form, dated June 16, 2010, attached hereto as Exhibit M. 37. It is believed, and therefore averred, that Rose's residence is under contract acrd settlement on the sale of Rose's residence is to occur this Friday, July 30, 2010. 38. It is believed, and therefore averred, that Rose is terminally ill with lung cancer. 39. When Rose's sister attempted to visit with Rose over the weekend of July 23, 2010, she was batted from doing so by Larry Whitley without cause. 40. It is believed, and therefore averred, that Larry and Twila Whitley may have removed, or intend to remove, Rose from the Commonwealth. 41. It is unknown if any medical providers have been consulted in the decision to premove Rose from the Commonwealth. . It is believe and therefore averred that and Twila Whitle intend ~o sell Rose's 42 d, ~~' Y residence and take the proceeds. 43. It is believed, and therefore averred, that Rose did not have the .capacity to obttaain a $45,000 line of credit on July 17, 2009. 44. It is believed, and therefore averred, that Rose did not have the capacity to purchase property in North Carolina on July 15, 2009. 45. It is believed, and therefore averred, that Rose did not have the capacity toi execute, nor revoke, any Powers of Attorney after March 2008, when Dr. Janton determined that Rose suffered from mild, early dementia, to include the Power of Attorney appointing Larry Whitley as her agent on November 25, 2008. 46. It is believed, and therefore averred, that Rose does not have the capacity to sell her Mechanicsburg residence on Friday, July 30, 2010. 47. Petitioners request an emergency general guardianship of the person and estate of Rose on the following grounds: a. Rose suffers from a history of medically observed .and diagnosed dementia, delusional thinking, and paranoid ideation. b. Rose is in need of a guardian who will look out for her best interests beacause she has a mental incapacity that renders her incapable of making reasoned decis~tons in regard to her finances and. estate. c. It is believed, and therefore averred, that Larry Whitley is acting without authority in making decisions which impact Rose's medical and financial affairs. d. It is believed, and therefore averred, that Larry Whitley is not acting ~ Rose's best interest. e. Failure to appoint an emergency guardian will cause irreparable damag~ to the estate and the health of Rose because her dementia prevents her from und$xstanding the consequences of her medical and financial decisions, which have alre#ad~ depleted, and threaten to further deplete, Rose's estate. f. It is believed, and therefore averred, that Rose and Larry Whitley intend to close on the sale of Rose's property at 27 Maple Drive, Mechanicsburg, PA 17(50 on Friday, July 30, 2010, which will permanently deplete Rose's estate. g. It is believed and therefore averred that Rose is terminally ill with calncer and that Larry Whitley has removed, or intends to remove, Rose from the Comtxlonwealth. h. It is believed, and therefore averred, that Larry Whitley is denying the rest of the family access to-Rose. i. No harm will arise from the requested relief. - i~HEREFORE, in order to prevent irreparable harm to the estate and health q'f the alleged incapacitated person, Petitioners respectfully request that the appointment of an I Emergency Guardian of Rose's estate who shall be given the general power by this Court to includ~, but not be limited to, the ability to investigate and handle outstanding medical and financial matters for Rose, to travel to Pennsylvania. and handle the outstanding personal affairs on the behalf of ~ose, and to preserve the assets of Rose's estate. ~' Respectfully Submitted, ABOM & KIJ7"ULASIS, L.L.PI Date: July 28, 2010 Jason . K lakis, Esquire Atto y LD. .80411 2 West High Stteet Carlisle, PA 17013 (717) 249-0900 (717) 249-3344 Fax ~k~,abomkutulakis.com Attorney for Petitioners yE~F CATION We, I,~edtiomexs R.ANi~Y. C;. WbIITLEY, tir. a;ad LISA WIiITLEY, hereby ve~i£y that the staternesats contained i~ this Petititon for l~exgez~ey Guardianship ate ttue atad correct tq the best of o,xr knowledge, infoxaaation, and belief. We utxderstand that false statements herei~Z ate made subject to the Penalties o£ I8 Pa.C_S. § 4904, relating to wasworn £alsificatton to authoziti~s. Date R A C. WHI EY: ' IJate I.I.SA WI-IITLEY POWER OF ATTORNEY OF V. ROSE WHITLEY NOTICE THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGr1`ATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR PROPERTY, WHICItI MAY INCLUDE POWERS TO SELL OR OTHERWISE DISPOSE OF AN~ REAL OkPERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU. THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR ~I.GENT TO EXERCISE GRANTED POWERS, BUT WHEN POWERS ARE EXERCISED, SOUR AGENT MUST USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THIS POWER OF ATTORNEY. '' YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGI$OUT YOUR LIFETIME, EVEN AFTER YOU BECOME INCAPACITATED, UNLESS Y U EXPRESSLY LIMIT THE DURATION OF THESE POWERS OR YOU REVOKE T~IESE POWERS OR A COURT ACTING ON YOUR BEHALF TERMINATES YOUR AG~NT`S AUTHORITY. YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR AGENT'S FUNDS. A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS YOUR AGENT IS NOT ACTING AROPERLY. THE POWERS AND DUTIES, OF AN AGENT UNDER A POWER OF ATT{~RNEY ARE EXPLAINED MORE FULLY IN 20 PA. C.S. CH. 56. IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSING ~?O EXPLAIN IT TO YOU. I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I UNDERRSTAND ITS CONTENTS. DATE:/ / ~ ~~ 7 V. ROSE WHITLEY PRINCIPAL IXHIBIT POWER OF ATTORNEY OF V. ROSE WHITLEY KNOW ALL MEN BY THESE PRESENTS, that I, V. ROSE WHITLE~i', Principal, of 27 Maple Drive, Silver Spring Township, Mechanicsburg, Cumberland County, J~ennsylvania, hereby revoke any Power of Attorney previously given to any person, and do hereb~ .appoint my son, LARRY R. WHITLEY, and my friend, TWILA GREGG, as my true and lawful Agents, (hereinafter referred to as "Agent") for me in my name, place and stead, and for ray use, from time to time, to act in, manage, and conduct all of my business and affairs of very nature whatsoever, and for that purpose to do and perform any and all acts of whatsoever afore which shall or may, in the judgment of my said Agent, be proper and expedient in the mar~a.gement and conduct of my business, property and affairs as fully and effectually in all respect as I myself could do if personally present. The persons named above as my Agents must act together, with the signatures of both being required for all actions requiring written authorization. This Power of Attorney is effective immediately and will endure for as lon~ as I live or until I revoke it. It is my intent that this document and the powers herein conferred e given full force and effect in every jurisdiction or country wherein my Agent may need to act.', This Power of Attorney shall not be affected by my subsequent disability or incapacity. All acts done by my Agent pursuant to this power during any period of my disability or incapacity shall have the same effect and inure to my benefit and bind me and my successors in interest as if I were competent and not disabled. A. SPECIFIC POWERS.. Without in any way limiting or restricting t~e generality of the foregoing, but in furtherance thereof, and in partial enumeration only of the ppw~ers which I intend to invest in my said Agent, I hereby give full power and authority from time to time, for me and in my name, place and stead, and for my use, and within my Agent's sole discretion: 1. Bankins Relationship. To transact all and any of my bus' ss with any bank, savings and loan association, or credit union wherever situated, in which Iay have any business relations or connection; to withdraw money from any accounts standing inl, my name or in which I have any interest, in any of said banks or savings and Loan association, ar~d to that end to draw checks and savings withdrawal slips on any of said banks or savings and loan associations; to endorse checks, drafts, and bills of exchange for collection or deposit; to have access to open and remove the contents of any safety deposit box that I may have iat any bank, and to terminate my use of such box. 2. Pro er To buy, sell, mortgage, lease, repair, improve and deal in any and all of my property, whether real, personal or mixed, whether owned by me now' or hereafter; and to make, execute any and all deeds, leases, mortgages, bills of sale and other instruments of lease, transfer or conveyance as maybe necessary or advisable in the premises; to bprrow and to Page 2 of 9 POWER OF ATTORNEY OF V. ROSE WHITLEY mortgage and pledge my assets as security therefor and to lend money or assets nova or hereafter belonging to me, with or without security and upon such terms and conditions ~s my Agent deems appropriate; and to invest and reinvest my funds in such stocks, bonds, rr~uttial funds, securities, certificates of deposit, notes, annuities, land contracts, insurance policies, mortgages or other investments as my Agent may deem u~ my best interest and in the best interest of my estate. My Agent is expressly authorized to execute share liquidations or exercise check writing privileges with respect to any mutual fluids which I may own. 3. Insurance. To procure, provide for, obtain, agree to obtain, pay for, provide for payment of, enforce payment of, to assign, transfer, receive payment of, sand to settle, or compromise claims in connection with, any and all policies of insurance, including, but not Iirnited to, life, title, frre, extended coverage, burglary, theft, fidelity, public liability automobile, health, medical and accident and all other types of insurance of every kind whatsoever. 4. Execution of Documents. To sign any and all applications requests for permits, and papers that may be required at any time by any local, state or federal', agencies; to make, execute and deliver my income tax returns,. personal property or intangible ta~C returns and any and all other returns, disclosure or reports or other instruments of like nature required by any governmental authority. 5. Employment of Advisors. Retain and pay agents, employees, accountants, counsel (including investment counsel) for advice and other professional services including a bank, trust company or brokerage firm to act as custodian for my assets. ' 6. Compromise of Claim. To agree to, to perform or refuse to perform, and to ask for, demand, adjust, settle, compromise and/or sue or submit to arbitrationb any and all contracts, accounts, claims, demands, disputes, and other matters which are now subsisting or which may hereafter arise between me or between my said Agent acting on my behalf, and any other person, including, but not limited to, any dispute between me and the Internal Revenue Service or the Pennsylvania Department of Revenue or any other taxing authority. 7. Representation before Internal Revenue Service. To execute on my behalf Internal Revenue Service Powers of Attorney (Forms 2848 and 2848-D Ior successor forms) for the purpose of authorizing my Agent or any person or persons desigdated by my Agent to represent me before the Internal Revenue Service. My Social Securit~ Number is 8. Powers Pursuant to ~ecnon ~eu3 of the rennsyivanra rroQaue and Fiduciaries Code. To take such actions as may be required to effect any of the following transactions pursuant to the terms of that statute or such successor statutes as may then exist, including: (a.) Power to Make Limited Gifts. To make limited gifts. Page 3 of 9 POWER OF ATTORNEY OF V. ROSE WHITLEY (b.) Power to Create a Trust or to Make Additions to An Existing Trust. To create a trust for my benefit and to make additions to any existing trust or trusts for my benefit. (c.) Power to Claim an Elective Share. To claim an elective share in the estate of my deceased spouse and to disclaim in~er~sts in any property where required to do so by law. (d.) Power to Disclaim an Interest in Property. To disclaimh any interest in property to which I may become entitled. (e.) Power to Renounce Fiduciary Positions. To repoutice fiduciary positions. (f.) Power to Withdraw Income or Corpus from a Trust. 'To withdraw and receive the income or corpus from a trust of which I may be a beneficiary or over which I may hold a power to withdraw income or corpus. (g.) Power to Authorize Admission to a Medical Facility. Td authorize my admission to a medical, nursing, residential or similar facility, and to enter into agreements for my care. (h.) Power to Authorize Medical and Surgical Proct~dtlres. To authorize medical and surgical procedures. (i.) Power to Engage in Stock, Bond and Othepr ;Securities Transactions. To buy, sell, collect dividends, inter~st-'and other distributions, and without limitation, exercise all powers with respect to stocks, bonds and securities that I could if present. (j.) Power to En a in Commodi and O tion Transacti' n . To buy, sell, exchange, assign, convey, establish or con 'nue option accounts and without limitation, exercise all powers with respect to commodity and option transactions that I could if present. (k:) Power to Engage in Retirement Plan Transactions. 7~o contribute to, withdraw from and deposit funds in any type of retirement plan (including but not limited to, any tax qualified or hon-qualified pension, profit sharing, stock bonus, employee savings and retirement plan, deferred compensation plan o~ individual retirement account), select and change payment options for me, make roll-over contributions from any retirement plan to other retirement plans and, in general, exercise all powers wXth respect to retirement plans that I could if present. Page 4 of 9 POWER OF ATTORNEY OF V. ROSE WHITLEY (l:) Power to Pursue Claims and Litigation. To institutes prosecute, defend, abandon, arbitrate, compromise, settle or otherwise dispose of and appear for me in any Legal proceedings before any tribunal and collect any claim or settlement proceeds, waivel, or release rights, employ and discharge attorneys and others and in general, exercise all powers with respect to claims and litig~.tian that I could if present. ' (m.) Power to Receive Government Benefits. To prepare, s~gn and file any claim or application for Social Security, unemployment, military service or other government benefits, collect sand receipt for all government benefits or assistance, and in generaal, exercise all powers with respect to government benefits that',. I could if present. (n.) Power to Pursue Tax Matters. To prepare, sign, verify end file any tax return, sign any Internal Revenue Service power ~,of attorney form, represent me before any taxing authority, and', in general, exercise all powers with respect to tax matters that] I could if present. (o.) Power to Make Anatomical Gift. To make an anatomical gift of all or part of my body either before or after my death. ' 9. Power to Refuse Medical and Surgical Procedures. T~ refuse to authorize medical. or surgical procedures for me. 10. Change of Residence or Domicile. To change my residence o~ domicile. 11. Health Insurance Portabili aad Accountabili Act 1 96. In addition to the other powers granted by this document, my Agent shall have the. ful power and authority to serve as my personal representative for all purposes of the Health Insurance Portability and Accountability Act of 1996, (Pub. L. 104-191), 45 CFR Section 160 trough 164. Unless I have expressly provided otherwise, I consent to and direct covered entitie~ to .provide my protected health information to all persons designated in this document as my Agent and, in addition, to all persons designated in this document as my successor Agent. The aj~thorization and consent to disclosure set forth in this paragraph shall apply whether or not I have or lack the capacity to make or communicate healthcare decisions for myself. B. POWER OF ATTORNEY NOT. AFFECTED BY DISABILITY. ';This Power of Attorney shall not be affected by the disability of -the Principal. My intentiorx is that the authority conferred herein shall be exercisable by my Agent notwithstanding my later disability or incapacity or any later uncertainty as to whether I am dead or alive. Page 5 of 9 ~I_. _~ - ,_- T ~ __ POWER OF ATTORNEY OF V. ROSE. WHITLEY C. REVOCATION. This Power of Attorney shall continue in full forcie a.nd effect. until the earlier of: 1. The date on which I personally deliver or deposit in the mail certified, return receipt requested, a written notice of revocation addressed to my Agent; or ', 2. The date of my death. D. AFFIDAVIT OF LACK OF KNOWLEDGE OF REVOCATION.i lily Agent may execute an affidavit stating that at the time of doing any act on my behalf he on she had no actual knowledge of the revocation of this Power of Attorney as provided in Sectio~ C. hereof. In the absence of fraud, such affidavit shall constitute conclusive proof of the non-avocation of this Power of Attorney at that time. E. MISCELLANEOUS. 1. Ratification. I do hereby, for myself, my heirs, executors, and administrators, ratify and confirm and agree to ratify and confirm whatsoever my', said Agent shall do by vu-tue of these presents. 2. Indemnification. For the purpose of inducing any bank, trust company, savings and loan association, savings bank, brokerage firm or any other financial i stinution to recognize this instrument, irrespective of any specific or particular form of Power ~f i~ttomey any such institution may normally use or require, I, the Principal, hereby agree th~.t any such bank, trust company, savings and Loan association, savings bank, brokerage firm obr any other financial institution, and their respective successors and assigns, shall. be indemnified and held harmless by me and my estate from any Loss suffered or liability incurred by it or the in acting hereunder until a Certificate of Death certifying to my death shall issue and actual no~ce thereof be received by said bank, trust company, savings and loan association, savings bank'b brokerage firm or any other financial institution, and their respective successors and assigns, or ~luntil actual notice of a lawful termination according to law shall be received by it or them. 3. Execution. With respect to all powers granted herein, I au~thhdrize my Agent to make and execute any and all applications, consents, releases, assurancesb contracts, deeds, trust instruments and instruments which may be requisite or proper to effectuate this power. 4. Pennsylvania Law. This Power of Attorney shall be cdnstrued ui accordance with the laws of the Commonwealth of Pennsylvania. ', S. Parasraab-Headings. The paragraph headings contained in this Power of Attomey are for convenience only and shall in no way be consltrued to be part of this Power of Attomey. Page 6 of 4 --= - _ __ ; POWER OF ATTORNEY OF V. ROSE WHITLEY IN WITNESS WHEREOF, I, V. ROSE WHITLEY, the said Principal, have hereunto set my hand this /,~ day of May; 2007. SEALED and DELIVERED in the presence of us: "~° ~- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND C J r^ . ROSE WHITLEY Principal SS. >~~ L (7n thic the ~~~ rlav of Mav ~nn7 }u>.fnre me the nnrlercianerl nffrar ~Prcnnally appeared V. ROSE WHITLEY, satisfactorily proven to be the person whose name i~ subscribed to the foregoing instrument, as the Principal, and acknowledged that she has executed the same for the uses and purposes therein expressed, as her own &ee act and deed by signing Y~er name thereto. IN WITNESS WHEREOF, I hereunto set my name and official seal the day''iand year first above written. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Z~ .. ,~ `-• '' ~Y A. Jay, Notary Publ(c ! ~ ~ ~) Camp Fliil Bo% curnbe~iand county N'otai ~'!P~blic L1 My Commis~on Ewes Feb. 17, 2010 Member, Pennsylvania Association of Notaries Page 7 of 9 __ _r POWER OF ATTORNEY OF V. ROSE WHITLEY ACKNOWLEDGEMENT I, LARRY R. WHITLEY, have read the attached Power of Attorney and am the peson identified as the Agent for the Principal. I hereby acknowledge that in the absence o a specific provision to the contrary in the Power of Attorney or in 20 Pa. C.S. when I act as Agent; I shall exercise the powers for the benefit of the Principal I shall keep the assets of the Principal separate from my assets: I shall exercise reasonable caution and prudence. I shall keep a full and accurate record of ali actions, receipts and disbursements on behalf of the Principal. Date: S`"~l S l4 ~ LARRY WFII EY Agent COMMONWEALTI3 OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. ~ !t~ On this the ~ day of /~ 2007, before me, the undersigned officer, personally appeared LARRY R. TLEY, satisfactorily proven to be the ~erson whose name is subscribed to the foregoing instrument, as the Agent, and acknowledg d that he has executed the same for the uses and purposes therein expressed, as his own free wand deed by signing his name thereto, ', IN WITNESS WHEREOF, I hereunto set my name and official seal the day~~~and year first above written. COMMONWEALTW OF P5NN5YLVANIA ^. ; ~~ ~umberi~ end Coup ~ 6t~~~r `/ ~"~~ ~ Commission~~res Feb. 17, 2010 No ~b~ic ~._r Member; Pennsylvania AssoclaGon of Notaries Page 8 of 9 ,- ,__ , POWER OF ATTORNEY OF V. ROSE WHITLEY ACKNOWLEDGEMENT I, TWILA GREGG, have read the attached Power of Attorney and atn the person identified as the Agent for the Principal. I hereby acknowledge that in the absence of a specific provision to the contrary in the Power of Attorney or in 20 Pa. C.S. when I act as Agent: I shall exercise the powers for the benefit of the Principal. I shall keep the assets of the Principal separate from my assets. I shall exercise reasonable caution and prudence. I shall keep a full and accurate record of all actions, receipts and disbursemenits on behalf of the Principal. Date:J~ ~ J d COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND t .~ TWILA GREGG Agent SS. l ,.. On this the 6 ~ day of , 2007, before me, the undersigned off cer, personally appeared TWILA GRE G, satisfactorily proven to be the person whose name is subscribed to the foregoing instrument, as the Agent, and acknowledged that', she has executed the same for the uses and purposes therein expressed, as her own free act and deed by signing her name thereto. IN WITNESS WHEREOF, I hereunto set my name and official seal the days and year first above written. ~~MMONW~ALTH OF PENNSYLVANIA , NofBriel Sea! ti.//~" ~~i / .- A. Jay, Notary Public , / ~'~ •' M~Com~mission~ Cumberlant! County No _.I~ub iCt~..~,~t`~~i Expires Feb. t7, 2010 Member, Pennsylvania Association of Notaries Page 9 of 9 __ _ -_ . ~ _ _ __ __~ _, , r r ~ - ~ N W ~ Q r ` W ~ Q n . ~ ui •- w~~, O o ~ c~ ~ (~ ~ ~ H =' ~' C a Z , m r ~ O n ~ O O O C ~ U a o : ~ rs .L W ~ ~ r LL, w a ~ ~ O n -_;; z ~~ ~ ~ - ¢ ~;•. n ' i ~ ~, rn ...~:. - Y; , _~ __~ Revocation of Power of Attorney I, V. Rose Whitley of 27 Maple Drive, Mechanicsburg Pennsylvania. Being of sound mind, hereby revoke the power of attorney, which was granted by me on May 15, 207 and which was appointed Lary R. Whitley and Twila Gregg of Mechanicsburg, PA as my agent. Larry R. Whitley Twila Crregg no Longer have the authority to act on my b~ alf and any authority previously conferred on by Larry R Whi ley and Twila Grregg by said power of attorney is revoked, cancelled and terminated as of this date. May 26, 2007 Please return any copies of the POA to me. ~/a7 V. Rose Whitley 9~wrn and ~ t~fare th~s ~~zfh ~ , 20Ur Date SU ~ N M. DEDERER, Motary Public Ca Hill Boro, Cumberland County ~ My Commission Expires Aug. 20, 2009.,. ~~, _ _ _ __ (Jc~wc~ c~ i~~~e~ ~~m ~Jc C,vh~~ 4-1~.~ I~.rc~~{ C~h'~ ~-I~~( J Z ~r~~~ c ~~h~ ~-te~ 5~ EXHIBIT ,. ~ . .. POWE32 OF AT2'©RNEl' {A Durable Power of Attorney) ' NOTICE ' THE PURPOSE OF' THIS POWER OF ATTORiI~EY I9 TO GIVE TH.~ PERSON YOU DESIGNATE (YOUR "~1G.ENT ") BROAD POWERS TO HANDLE YOUR PRO~ERTY, WHICH MAY INCLUDE POWERS TD SELL OR O.THER~WISE DISPOSE OF ANY R~'AL OR PER- SONAL PROPERTY WITHOUT ADVANCE IVOT.~CE TO YO-U OR APP~;O`VAL 'BY Y6~U_ THIS MOWER OF AT'EO~IVEY IDOE5 NOT IMPOSE A DUTY ON YOt~'R ,AGENT TO EXERCISE GRANTED POL-7ERS, BU?' WHEN POW.ER5 ARE EXERCISED; YOUR AGENT MUST USE Df1E CARE TO ACT FOR YOUR BENE.~`IT AI{lD IN ACCORD~1NrC'E WITH THIS POWER OF ATTORNEY. YOUR AGENT MAY EJ~EI4CISE" THE POWERS GrUE:~V' HERE THROUG~fOtIT YOUR LIE'ETIME, ETJ£N AFTER YOU BECOME INCAPACITATED, UNLESS YOUI EXPRESSLY LIMIT THE DURATION 0~'' THESE POWERS O;R YOU REVOKE THESE PO ERS OR A C©URT ACTI1tiTG ON YOUR BEHA.Z,F` TERI~TNATES YOUR AGENT'S AUTH(~ITY. YOUR AGENT 1+IUST .ECEEP YOUR FUNDS SEPARATE FROM YOUR AGENT'S FUNDS. A COURT CAN TAKE AW~~i~Y THE PO.WEFtS OP' YOUR .AGENT IF IT ' FINDS YOUR AGENT IS ,NOT ACTING PR~7PERLY. THE POWERS AND DFJ'2'IE.s~ ©:F AN AGENT l7NDER A POWER OF ATTORNEY ARE EXPLAINED 1-?ORE F'f:TLLI' IN 20 PA. C.S. CH. 56. SF THERE IS ANYTH.LIV'G ABOUT 'THIS .FORM TiiAT Y{3U D.0 NOT UNDERSTAND, YOU SHOULD ASK ALAWYER -OF YOUR OWN CHOOSING TO .EXPLAIN IT! TO YOU. I HAVE READ OR HAD _ EXPLAINED 'TO AlE THIS NOTICE AND I '~'INDERSTAND ITS CONTENTS. V. ROSE WHI ?'LEY (Da t I EXHIBIT I__ I, V. ROSE WHITLEY, of Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania, hereby appoint RANDY C. C~HTTLEY, JR., and B. PATRICIA WHITLEY, jointly and severally, as my true', and lawful agent to act in, manage, and conduct all my estate and all'', my affairs, and for that purpose for me and in my name, place, and stejad, and for my use and benefit, and as my act and deed, to do .and execlute, or to concur with persons jointly interested with myself theren in the doing or executing of all or any-of the following acts, deeds, and things to the fullest extent possible as provided in Chapt,~er 56 of the Pennsylvania Probate, Estates and Fiduciaries Code as pre gently in effect and as~hereinafter amen-d:ed or in any statutory provisions which may hereafter be substituaed therefore: (?~- To engage in meal property transactions. N!y age~t shall have the power to sell and cdnvey all of my real propexty,'and any interest or right therein, including. but not limited to th~ property known as 27 Maple Drive, Silver Spring Township, Cumberland County, Pennsylvania, upon such terms as my agen shall think proper. (2) To engage in tangible personal property transact~bns. {3) To engage i~n stock., bond and other securities tr~:nsactions. (4) To engage in banking and :financial transactions_ {5) To enter safe deposit boxes. {6) To engage in insurance transactions. (7 ) 'I`o engage in retirement plan trans~acti ons . (8) To handle interests in estates and trusts, including the power to claim the family exemption tc~ the same extent as ~ personally could do under the provisions of Sections 3121-3126 of the ''Probate, Estates and rfiduciaries Code, or any similar provisions th~n in effect. (9) To pursue claims and .litigation, (10) To receive government b-enefits. (11) To pursue tax rtmattzrs . (12 ) To borrow money. (13) To create a trust for my benefit. (14) To make additions to an existing trust for my benefit. (15) to claim an elective share of the estate of my deceased spouse. {16) To disclaim-any interes-t in property. {17) To renounce fiduciary positions. {18) To withdraw arici recei~re the. income or corpus of a trust. { 19) To authorize my adrriiss.on to a medical, nursing, ' residential or similar facility anal to enter into agreements far my cane. (20 ) To autho.ri ze me~di:ca.1 and surgical procedures . (21) To receive. 'in°farmat.on. from an.y physician, health care professidnal, health c~a-re provider; anct medical care faCil~ty relating to my physical and me-ntal cor~.clition. and the diagnosi5~ prognosis, care, and treatment thereof upon the request of my agent. It is my intent that my agent s:lzall.be considered a.personal representative under privacy regulations related to protected healthcare'information and that my agent shall be entitled to all_ health informat.~on in the same manner as if T persona.ll.y w.e.re making the request. T3~is authori- zation and direction shall also b:e eon~sidered a consent to'the release of such information under current and future .regulations, ~.aws and rules, including. but not limited tb, the express grant of ~izthority to personal representatives as provided. by Regulation 5ection'164.502(g) of Title 45 of the code of Federal .Regulations and the med~.cal.infor- mation privacy law and regu3ati:ons~generally referred to a~ HIPAA. {22) To carry on any business interest awned by me fob whatever period of time deemed proper, including the power to~da -any and all things deemed necessary or appropriate, including the power to i~cor- porate any unincorporated business; to vote any and all shires of stock owned by me in -any -such business.; to borrow and to pledge assets owned by me as security for such borrowing; to assent to, join in, or vote i n favor of or against .any merg:e.r, reorganization, voting trust plan,. or similar action, and to delegate discretionary duties with respect thereto; to delegate all or any part. of the supervision, management and operation of the business to such person or persons as may be selected; anci to close out, liquidate, or sell the business at such time and upon such terms as shall seem best. My agent shall not 3 s L - - _ ___ _ _ ,~ ~ _ _ i - - r .~ .. be held to person=al liability for shrinkage of income or loss of capital value that may b~e incurred in the course of the operation of the business, except loss that may result from willful misconduct. (23) To engage and dismiss.agen.ts, counsel, anal employees. (24) To enter into.,. perform, modify, extend, cancel, .compromise, enforce, or otherwise act. with respect to any contract of any sort whatsoever. GIVING AND G~iNTING u:nt:o my said agent full power and', authority to do and pe~farm a1l.and every act, deed, matter, and thing whatso- ever in and about my estate, pr~aperty., and affairs as fully and effectually to all intents an:d:.purpases as I might or could do in my own proper person if personally present, the above speciaL~y enumer- ated powers being in aid and exempl.ficati=on~a.f the full, ~ornplete, and general power tiere.in. granted and :not in ~imi.tation or definition thereof, and hereby ratifying all .that nay said agent sha11 lawfully do or cause to be done b~y.virtue~ of these presents. P.StD I hereby declare that any act or thing lawfully dgne here- under by my said agent shall be binding on myself, and my I~eirs., legal and personal representatives, and assigns. This Power of Attorney shall continue. in force and may be accepted and reled.up~an by anyone t4 whom it is prese.nted',despite my purported revocation of. it or my death., until. actual written notice of such event is received by such p:erson.. In the .event of my 'incom- petency or incapacity, from Hrh:atever. cause, this Power of attorney sha11 not thereby be revoked: but shall thereupon become irrevocable during the period of my inc~ompet~ency or incapacity, and rnay~ be accepted and relied upon by anyone to whom it is presented despite such incompetency or incapacity; subject only to it becoming- void anal. of na further effect only upon receipt by such person either of (1} written evidence of the appointment of a guardian (or similar fiduciary) of my estate following adjudication of incompetency or incapacity, or t2} written notice of tt~y death. This Power bf Attorney shall not be affected by my subsequent disability or incapacity. In the event any court declares that I have become incpmpetent or incapacitated, I hereby state I prefer that no guardian of nnv estate or person be appointed s a that my affairs may be conducted under this general durable power of attorney, but if the court proceeds to appoint a guardian of my estate or person then under the authority granted to me in Section 5604 (c}(2:) of the Probate, Estates and 4' ., Fiduciaries Code 3 hereby nominate as such guardian of the. estate or of my person .the person or persons who is or are then serving under this general durable power of attorney. My agent hereby shall be emti tied to reasonable compe#~sati on for services performed hereunder as. well as to reimbursement fpr all reasonable costs and expenses actually incurred in carrying out any agent's duties and responsibilities hereunder. The agent acting under this power of attorney shall nat be lia}~Ie 'for any acts of,cammssion or omission performed n_ good fai h and shall be liable only for. deliberate and. intentional defalcation. It is my intention th:a.t either RAND7f C. WHITLEY, JR.., or B. PATRICIA WHITLEY, may act for. me as my.agent without the jr~inder of the other. IN yn NESS WHL3~EOff; I time hereunto set my hand this , ~~ _: day o f !~ 1kt++-~. 2 O~Q 7 .. V. Rt)SE tniHiTLEY COMMONWEALTH OF pENN'SYLZiAN:IA . .. S.$ .. COUNTY OF CUMBERLAND rs~a 2007, before mle, the On the f ~, -day of _~~-"> subscriber, a Notary Public, gersonaliy appeared the abovei, named V. ROSE WHITLEY, and in dine form of .law acknowledged the fore,~going-Power of Attorney to be her act and deed and desired the same tq be recorded as such. 6~7itnzss my hand .and Notarial Sealday an:d year a-~ioresaid. ~OMMONWE~LTki OF PBNNSYLY~AN~iA No`t~~ ~ I.Pu NOTARfIIL.SEAt QAVIQ H. S70NE, Notary Public New Cum6eriand Boro., Cumberland Co. 5 My Gommissian Mires -Nov. 9, 20yi3 ' • ~~ ` _ __ _ , -r _ _ _ - _I T STATE/CONIMONWEALTH OF ~~ L~°':~S . . COUNTY OF Y~ I, RANDY C. WHITNEY JR. , have read the attached power. of attorney and am the person,denti:fied as the agent for the princi- pal. I hereby acknowledge that sn the absence of a specific provision to the contrary in the' power o~,attorney.or in 20 Pa. C.S.'when I act as agent: I shall exercise the powers for the benefit of the pr~lincipal. I shall keep the assets o~f th.e principal separate frokn my assets. I shall exercise reasonable caution and prudence. I shall keep a ful3 and accurate .record of all actions, receipts and disbursements an behalf of .the .principal. ~ , _ ~ 3 t Y C.. W vEY;''"~~. _ (Agent? (Date) 5 ii STATE/COMNIONWERLTH OF ~,,j,~- SS.: COUNTY OF ~~.r.-~ 20 t ,~ before On this, the __~~___ day of -' me the undersigned officer, a. Notary. Public, personally appeared RANDY C. WHITLEY, JR. , -known to 'me for` satisfactorily proven) to be the person whose nain.e is subscribed to the. within instrument, and acknowl- edged that he executed tlie' :same f:or the purposes therein contained. IN WITNESS WHEREOF,. I. have here~intt~ set my hand and o',ffici,al seal the day and year first. above written. GOMMOt~i~f~A1.71~:DF~PE~INSYL~/A~t~A . NO'I11i~fAL u~EAF. - I~3ot.a.ry ' c KRTHLEEt~~ K~iM;. i±toFary Puhtio New Cumiberfand Soro., Gumberaand .Ca:: . A$~y Cc~t~ssion ~6cpires Dec. ~. 2040: 7 rT. ,_ _ __ ,.f ~._.. 11 STATE/CONiN?ONWEALTH OF ~~ SS. I~ g. PATRTC3A WHITLEY , have read the attached polder oz attorney and am the person identified as the agent for the principa.i. T hereby acknowledge that in the absence of a specific provision to the contrary in the power of attorney or in 2Q Pa. C.S. wY~en Fact as agent: I shall exercise the powers for the bene;fit of the p~incipai. Y shall }seep the assets of the principal separate frgm my assets. I shall exercise reasonable caution and .prudence. I shall keep a full ancl. a~ccurat.e record of. all actiornsr receipts and disbursements an behalf oz the principal. B. PATRIGIA WHITI,EY 8 .t A.c~e~nt } t(-1~~~~ (Date} i STATE /CONI`~bNuVEALTH OE ~~~' SS: COUNTY OF ~v~~~~ . ~_ da a€ 1C_~t~^~~.~.~ 20~~ , before On this the ~ ~' _ r me the undersigned officer, a Notary public, personally appeared B. pATRICiA WHITLEY, known to rrte for. s.a~isfactorily proven) to be the person whose name is sub.scribed•to~the within instrument, aid acknowl- edged that s°he executed.the same for tine .purpose•s therein contained. IN WITNESS WHERE"O:F, I have hereunto set my hand and of''ficial seal the day and year frst_abave written ~OAdAdE7~IW~AL3H. OF P~i~FOSYt~V~4~l~A 1dtXTi4RiA1 DAVID M: S3(iN~, ~©tar~r P.ubiic iVew ~umbedand~ Bar~,~~u~rberlaFld Co. My CornFnissiarx.S7tptres fvlov. 9, 2{~~E3 9 _ .____ __ _ _ _ _ _ _ r PENNSYLVANIA NEUROLOGICAZ, ASSOCIATES, LTD. and SLEEP HEALTH CENTER Albert W. I;eck. M.D. Francis J. Jantoa, M.D. L'a"° I. Lazy, M,D. Vivian C. Fairctoth, M,D. March 21, 2008 RE: VrOT.A W~I'X'I.EY To Whom It May Concern: Viola has been followed in this office neurologically, She has been stared on ~~ ~ derne~tia. Mrs. Whitley has en episodically #luctuatirag neurologic condition with disorientation. These episodes are the t+esult of her tutdertying neurolog~•c coondi ors, her medic~tiot~ts and situational strC5SOr5. It has been my recommendation since December of 2007, that lulrs_ Whitley have 24-hour su her safety. The clurent Messiah Village situation is ideal. I would be to rovide you ~on for further infornaatioa in this regard, ~PPY A y Sincerely, Franc" , Jsnton, M.D. FJJ/7 45 ES#: 935524 PT Ib#: 51525 CC: Patient's granddaughter 10 Lowther Street Lennoyne, PA 17443 .Phone (717) 774-227. EXHIBR ~ E ** TO~~ __~_~ ___ ita a Medical Grou Her g _ P . Listening, carinfl, Iea~linlJ. gowmansdade Family Practice Geoffrey M. James, M.D. y ~. Scott Setzer, }~1.D. One Kacr Courc, Suite 101 Terri Johnson, PA-C Mechanicsburg, 1'A 17055 J~;nne N. Larson, M.D. 1 Phone (717) 791-0~~1 • Pax <717) 591-010 Y F t t March 24, 2008 i To Whom It May Concern: { .; i , Ms. Whitley has been diagnosed with mild, early dementia: Her deficits are internl~t~nt aad are exacerbated by stress. I feel Adalt Day Care services administered by Mes$i~h Village have been appropriate and necessary for this patient. 4 t Sincerely, W. S tt Setzer, M.D. iierirage. Cardiology Diagnostic Grnter Heritage Diagnostic Gentc:r (717) 972-28l9 (7171737-3037 1-BC6~H1ViG-DOGS Heritage Medical CVreiup Laboratory' C717) $~, ~.us. EXHfBIT PENNS~.;~IANIA NEUROLOGICAL 1~SSC,~ RTES, LTD. and SLEEP HEALTH CENTER Albert W. Heck, M.D. Francis 1. Janton, M.D. Liana I. Laza, M.D. Vivian C. Faircloth, M.D. June 19, 2008 ~N. Scott Setter, M.D. ' Bo~avmansdale Family Practice 1 Kacey Court, Suite 101 Mechanicsburg, PA 17055 ' .: R'F• VIE~L.A WHTiL,ES' ;' .Dear Dr. Setter: I saw Viola today for followup. She is living back at her own residence with Randy's dalu~hter, Alva staying there full time. Things have generally gone well Recently, however, there has been a serious concern that Viola changed her power of att{~i~r-ey over to anon-family member t}:at she has kno-~vn for a couple of years. The families un egstand the concern that her accounts have been changail and there are no longer automatic with~r~wals for household utility payments and so forth. There has been quite a bit of family tension la~ain in thi s regazd. Ala generally fs~,:ls she is doing well. She walks quite a bit She is active at Messiah Vill~ge. She has not had hallucinations or frank confusional episodes. She remains on 1Vamenda and Aricepf along with Zocor; Celexa; I.evbid, Lotrel and Lozb~` Weight 124, blood pressure 138/60. Speech is clear. She has obvious forgetfulness in ~~ conversation, some word=finding difficulty. She had tmuble with the date. There was sbrl~e d.elasio^~ thirkin, and par'..noid i~e^~rr, C~:dent d~.~ri~g +,he cenversa±ic~n and: irte:-6.tioris,v:^th the family. At the end of the visit, Viola was in agreement to change the power of attorney back to hle~elf .with the family members, Randy and Patty listed as possible designates. In my medical op ::pion, the change on June 6 of her power of attorney was done in error.' 'ghat is, I do not believe she was competent neurologically to make a sound decision on her own ~~half and therefore that change would be null and void. . i ~~ JifN `% f Z~1~8 ~~ ~~ , I~t~~-~-~`~~ 110 Lowther Street Lemoyne, PA 17043 Phone (717) 774-2202 PT CABLED CAt.t. PT Ls'-'tTER TACKLER ri1.,ED BY PT iNSTR ~isR . ~ ~,.i . i Page 2 June 19, 2008 RE: VIOLA WHITLEY The family intends to follow up with the attorneys to correct the situation and I would be appy to be involved in any capacity needed. j Vi%ith respect to he*.e~euiologic condition and dementing illness, she should eontinu~'the c~~ ent . she will be able to be maintained in her own environment for as log as regimen and hopefu113- possible where she will do best but clearly needs protection from outside influences. Sincerely, ~. Francis J. Janton, Ivf.D. FJJ/7145 ES#: 1199511 PT ID#: 51525 ~. -~ TOTAL P.03 ,~.,... f °.~ .. POWER OF ATTORNEY BY VIOLA R. WHITLEY NOTICE THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PER ION YOU ~° BROAD POWERS TO HANDLE YOUR. PR~PERTY, DESIGNATE (YOUR AGENT' ) WHICH MAY INCLUDE POWERS TO SELL OR OTHERWISE DISPOSE OF ARTY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPR~VAL BY YOU. THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWERS, BUT WHEN POWERS ARE EXERCISE, YOUR AGENT MUST USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THIS POWER OF ATTORNEY. -YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE TI3R0 GHOUT YOUR .LIFETIIv~, EVEN AFTER YOU BECOME INCAPACITATED, S YOU EXPRESSLY LIMIT THE DURATION OF THESE POWERS OR YOU REVO THESE POWERS OR A COURT ACTING ON YOUR BEHALF TERMINATES YOUR IAGENT'S AUTHORITY. YOUR AGENT MUST-KEEP YOUR FUNDS SEPARATE FROM- YOUR ~IAGENT'S FUNDS. A COURT .CAN TAKE AWAY THE POWERS OF YOUR AGENT IF ~T, FINDS YOUR AGENT IS NOT ACTING PROPERLY. THE POWERS AND DUTIES OF AN AGENT' UNDER A POWER OF A'$TORNEY ARE EXPLAINED MORE FULLY IN 20 Pa.C.S. Ch. 56. (20 Pa:C.S. §5601 et seq.) '' IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU ADO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN. CHOOSING TO EXPLAIN IT TO YOU. I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I UNIp~RSTAND ITS CONTENTS. LA R. WHITLEY ~ DATE GRIFFIE & ASSOCIATES Attorneys At Law 200 N. Hanover Street IDO Lincoln Wuy Carlisle, PA 17013 Chambersburg, N D POWER OFATTORNEY KNOW ALL MEN BY THESE PRESENTS, That I, VIOLA R. WHiTI,>~Y, of 27 Maple Drive, Mechanicsburg, Pennsylvania, by these presents do appoint my son, L~RY R- WHITLEY, as my true and lawful attorney-in-fact (hereinafter referred to as "AAttorney") empowered in my name and on my behalf, for the purposes enumerated herein. In thQ event my son is unable or unwilling to perform the duties of my attorney-in-fact,' then I appoint my daughter-in-law, TVVII.A D. WHITLEY, attorney-in-fact. This power of attorney shall become effective immediately. I hereby xevoke all powers of attorney which I may have heretofore granted,; e~cept~(i) limited powers authorizing any lawyer or certified public accountant to act on my Behalf in any matter relating to federal taxes; (ii) limited powers over any bank, brokerage or nnlutual fund account or safe deposit box; provided that in either case, the power is signed by me', on a form authorized by the Internal Revenue Service or the institution involved, as the case may be; and (iii) any advance directive for health care, or similar document. My Attorney shall have full power of substitution, for me and in my name, to!transact all my business and to manage all my property and affairs as I might do if personally present, including, but not limited to, exercising the following powers: 1. To ask, demand, recover and receive all and any sums of money, debts anjd rents due or payable, or which may at any time be due and payable and belonging to me, from 'any person, firm, corporation, or legal entity whatsoever, including the Commonwealth of Pennsylvania, the United States of America, the Internal Revenue Service, the Social Security Adminisltration, and any other agency of the United States of America, the Commonwealth of Pennsylvania, another state of the United States, or any municipality of the same; 2. To have access to any safe deposit box of which I am a renter in my awn right or jointly with others, and to add to aG~FFlE & ASSOCIATES thereof; Attorneys At Law ~ 200 N. Hanover Street I DD Lincoln Wuyl East, Suite D Carlisle, PA 17013 Chambersburg~ PA 17201 , 11. To perform any acts on my behalf consistent-with prudent estate planning or financial management, including but not limited to: making gifts of any nature, creating trusts, making additions or subtractions from the principal or interest of any existing trusts, and, transferring title to real and personal property; 12. To make unlimited gifts to my spouse and/or my issue and to engage in Medicaid gift planning. A power to make unlimited gifts shall mean that my attorney may make for and on my behalf to any donees (including my attorney) and in such amounts as my attorney may decide. 13. To elect to take against the will and. conveyances of my spouse afte~t death, if appropriate, and disclaim any .interest in property which I am required to disclaim as ja result of such election; to retain any property which I have the right to elect to retain; to fill petitions pertaining to the election, including petitions to extend the time for electing 'and petitions for. orders, decrees, and judgments; and to take all other actions which my agent deems appropriate in order to effectuate the election; 14. To institute, prosecute, defend, compromise or otherwise dispose of and to appear for _ me in any proceedings at law or in equity or otherwise before any tribunal for the enfolrcement or for -the defense of any claim, either alone or in conjunction with other persons, relat~g to me or to any property of mine or any other persons, anal to obtain, discharge and substitute.. dounsel and authorize appearance of such counsel to be entered for me in any such action or proceeding, and to compromise or arbitrate any claim in which I may be in any manner interested clad for that purpose to enter into agreements to compromise or arbitrate, either through counsel o$ otherwise to carry on such compromise or arbitration. and perform or enforce any award ',entered in-- arbitration; 15. To disclaim any interest in property or to renounce any fiduciary respou5ibilities or positions; 16. To apply for and receive any retirement benefits to which I may be ;entitled, to exercise the right to elect benefits for payment options, and to engage in retirement plan transactions; 17. To represent me and pursue all tax matters, including, but not limited to, the preparation, execution and filing in my name and on my behalf any tax returns such as Internal Revenue Service forms, including return, report, protest, application for correction pf assessed valuation of real or other property or claim for refund in any connection with any tax'imposed by any government and to obtain an extension of time for any of the foregoing, or' to .execute waivers of restrictions on the assessment of deficiency on any tax; GRIFFIE & ASSOCIA-TES Attorneys At Law 200 N. Hanover Street I00 Lincoln Wi~y'IEast, Suite D Carlisle, PA 17013 Chambersburg,, PA 17201 i _~ i 3. To deposit funds in and withdraw funds from any accounts that I may have at any bank, trust company, mutual savings bank, credit union, or savings and loan associatian, or any other depository. by whatever name known, including accounts I may hold jointly with other persons, or to deposit funds in and withdraw funds from any account in any financial institution which my said Attorney may create for that purpose; 4. To endorse notes, checks, drafts and bills of exchange which may require my endorsement for deposit, for cashing or for collection; 5. To buy, sell, transfer or assign any tangible personal property, stock, bona, or other security or evidence of debt of which I am now possessed or in which I may have or hereafter acquire an interest in, and _to execute any and all instruments necessary to make such sale, transfer or assignment; - 6. To take custody of my stocks, bonds and other investments of all kinds, to give orders. for the sale, surrender or exchange of any such investments and to receive the proceeds, to sign and deliver assignments, stock and bond powers and other documents required for any!, such sale, assignment, surrender. or exchange;, to -give orders for the purchase of .stocks, bonds.. and. other investments of any kind and to settle for same; to give instructions. regarding the registration thereof .and the mailing of dividends and interest; to clip and deposit coupons attached to any coupon bonds, whether now owned by me or hereafter acquired; to represent me at shareholders' meetings and vote proxies on my behalf; and generally to handle and manage my inves~pnents; 7. To incur and pay-any expense of keeping any real estate I may own or have' an interest in or which I may hereafter acquire, in good order and repair, and to pay all and other expenses .necessary to keep and maintain my said real'estate; to borrow on the security of said'real estate and give a mortgage to secure such loan; to sell any part or all of my real estate for suc~i price and to such purchaser as my Attorney shall deem advantageous; and to make, execute, ~c~knowledge and deliver such deed, mortgage or other instrument as shall be required to carry out this power; 8. To borrow money for my account and upon the security of my estate, and tp pledge as security for such loan or loans .any or all of my property and estate, and to execute, .acknowledge and deliver to the lender or lenders such notes, bonds and assignment as my said Attorney may deem necessary or advisable far such purposes; 9. To invest any funds received by my said Attorney as may be deemed proffer for such investment, in such manner as may be determined in the exercise of prudent judgment and in such Attorney's absolute and sole discretion; 10. In the absolute discretion of my said Attorney, to apply any principal and income to the payment of the cost of my maintenance and care in any hospital, nursing hoin~e, public or private institution, or at my residence, and to the payment of any medical, surgical, dental or nursing care which maybe or is required for me; 200 N. Hanover Street Carlisle, PA 17013 GRIFFIE & ASSOCIATES Attorneys At Law 100 Lincoln Way East, Suite D Chambersburg~ PA 17201 1 _L ~ _ --- - 18. To procure, change, carry or cancel insurance of such kind and in such amounts against any and all risks affecting property or persons against liability, damage or claim of any sort; 19. My said Attorney shall not be required to conform with the accounting obligations as set forth in the Power of Attorney Act; 20. I give and grant unto my said Attorney, or any substitute or substitutes; ~ power and authority to do and perform all and every act and thing whatsoever requisite and m~cessary to be done in connection with my property or estate in order to carry out the foregoing powers, which shall be construed as broadly as possible, as fully to all intents and purposes a~s',I might or could do if personally present; hereby ratifying and confirming all that my said Attornley, or any substitute or substitutes, shall lawfully do or cause to be done therein by virtue of these'~,presents. IN WITNESS WI~REOF, I hereunto set my hand and seal this ~.~~ days of lL~t~ n~.rh_ ,2008. WITNESS: 1/a~~~ (~.~~ (SEAL) VIOLA R WHITLEY l~_ 200 N. Hanover Street Carlisle, PA 17013 GRIFFIE & ASSOCIATES Attorneys At Law 100 Lincoln Wcty!,East, Suite D Chambersbur~~ PA 17201 ' i ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA: . SS. COUNTY OF CUMBERLAND pn ~, the ~:,~.j. day of ~p-~.~~~,~~ , ~g~ before me the undersigned officer, personally appeared VIOLA R: WHITI~Y, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public . ~ ~~ - "'~- ..., . 1200 N. Hanover Street Carlisle, PA 17013 GRIFFIE & ASSOCIATES Attorneys At Law 100 Lincoln Wuy~East, Suite D Charnbersburg~ PA I720I ~i ~ . L_ ____--~-.-T_ _._ __ _ _ ., T I ._ ~ PDWER OF ATTORNEY OF VIOLA R. WHITLEY ACKNOWLEDGMENT BYAGENT I, the undersigned,. have read the attached power of attorney. and am the person identified as the agent for the principal. I hereby .acknowledge that in the absence of a specific provision to the contrary in the power of attorney or in 20 Pa. C.S. when I act as agent: I shall exercise the powers for the benefit of the principal. I shall keep the assets of the principal separate from my assets. I shall exercise reasonable caution and prudence. I shall keep full and accurate record of all actions, receipts and disbursements qn behalf of the principal. -. Y . ~~y Date 200 N. Hanover Street Carlisle, PA I70I3 GRIFFIE & ASSOCIATES Attorneys At Law 100 Lincoln Wray East, Suite D Chambersburg~ PA 17201 i I , POWER OF ATTORNEY OF VIOLA R. WHITLEY ACKNOWLEDGMENT BYAGENT I, the undersigned, have read the attached power of attorney and am the person identified as the agent for the principal. I hereby acknowledge that in the absence of a specific prorision to the contrary in the power of attorney or in 20 Pa. C.S. when I act as agent: I shall exercise the powers for the benefit of the principal. I shall keep the assets of the principal separate from my assets. I shall exercise reasonable caution and prudence. I shall keep full and accurate record of all actions, receipts and disbursements oa~behalf of the principal. // a~~o _ DATE 200 N. Hanover Street Carlisle, PA 17013 GRIFFIE & ASSOCIATES Attorneys At Law 100 Lincoln Wuy, East, Suite D Chambersburg~ PA 17201 FILED ROCKINGHAM COUNTY, NC REBECCA B. CIPRLANI, REGISTER OF DEEDS 8/24/2009 12:06:52 PM BOOK 1381 PAGE 78 - 93 INSTRUMENT #20090008735 Recording: $57.00 Probate: $2.00 Excise Tax:$60.00 3JULLAN , ~ `~' U'~1 NORTH CAROLINA SPECIAL WARRANTY DEED Excite Tax: ~f Parcel Ideotifia No. 171046. Verified by Rocivngham Counry, oa the day of BY• MHS File Nttmber. NCR-090700351A MaiUBax to: This insautrtent was prepared by: MorrisltlatdwicklScltneider, LLC,111 t,lebom'oa Stmt, Suite 100, Fort Mill, SC 29715. Brief Deaaiption for the index: Lot 1 THIS D®madc this day of by and bdweea GRANTOR GRANTl3E Deutsche Bank National Trost Coatpauy, as Tntsta, is onrat fa the registu+ed holders of Ao-eriqunt Mortgage ~nY R Whitley a~ Twila D. Whitley. and Viola R Whithiy, ' Inc. Asses Hacked Psaa-Through Suiea 2004-R7 ~Y 235 Abrniao Road, Ruffin, NC, 27325 ' Address: Mailing Address: ~. The designation Grants and Grantee as used herein shall ittdude said patties, Weir Rein, wccewars, and ataigns, and shall include singular, plural. masculine, feminine a tauter u requited by cootetd. WIITVFSSSfH, that the Grants, for a vsluabk consideration paid by the Grantee, the teoeipt of which is hereby sclmowledged, has sad by these presents den graa4 bargain, sell and convey anW the Grantee is PBB SIIvIPLS, alt thatoertain la a parcel of httxl sttwsed in Wes CSty of RuA'io, Township ofN/A, Rockipghw Coutay, PTraW Carolina and more partiirr:allarly descibed ore follows: See R "A" attached htxeto sad lade reles~eaa ha+esf Said ptropeltp carmnottly known as: 235 Abesdeat Road, Ruffin, NC 27326 The property heteinabove described was aoquited by Gtanta by instrument tttcorded Book 1352 Page 1055, Rockingham Register of Deeds. TO HAVE AND TO HOLD tltc aforesaid lot a parcel of lard sad all privileges and appurtenances tktersto belonging m the Grantee in FEE SIIYIPLE. And the Grantor ooveaama with the Grantee, that Graata has done nothing m impair wcb title as Grantor received, and Grata will waaent std defend the title againt the lawfd claims of all persons claiming by, undo or ilaough Chaator, other than the following esceprions: Ad Valorem Tarn fa ilte current year not yet due and payable, and all eesemer~ts, coveaenta, a~ rtxaicliona which may a may not appear of record. tervira taeo No.: ~OODr87I7a Awe ~awaer Rte tvo.: ~sao6erus veMQ ntte No.: Sm696r nv.ne„~ xss Abe,dw see4 aNre, tor: srszs lof3 enwmwfu miaw~wyo.~w BK: 1381 PG: 82 Book 7009 Paga 2654 3. The conveyance of the properties to the mortgage insurer, or the closing of the title to the property to be ncgliiri:d es real estate owned, or comrcyance of title to reel estate owned. 4. 'fhe completion of loan nssumplion agreements. 5. The full satisfactioltlrelease of a Mortgage or Deed of Trust or full conve}~ance upon payment end discharge of all sums secured.thereby, including, without • • limiution, cancellation of the related Mortgage Note. ti. The assignment of any Mortgage or Deed of Trust and the related Mortgage Note, in connection with the repurchase of the mortgage ioan secured end evidenced thereby. 7. The full assignment of a Morigsge or Deed of Trust upon payment and discharge of all sutras secured thereby in rnnjunaion with the refinancing thettiaf, including, . without limitation. the assignment of the related Mortgage Note. 8. With respect to a Mortgage or Deed of Trust, the forci:losurc, the taking of a deed i n 1 ieu of foreclosure, or the completion of judicial or Dora-judicial forccloslre or termination, tanccllation or rescission of any such foreclosure, including, wilbout lilaitation; arty and all of the folbwing acts: a. the substitution of trustee(s) serving under a Deed of Trust' in accordance with state law and the Deed of Trust; b. the preparation and issuance of statemenu of breach or non-performance; c. the preparation and filing of notices of defauh amdlor rwtiees of sale; d. the caecellation/rescission of notices of default andlor notilxs of sale; e. the taking of deed in lieu of foreclosure and f. the preparatiom and execution of such other doeuments and performance of such oUxr actions as may be necessary under the terms of the Mortgage, Deed of Trust or state law to expeditiously complete said transactions is paragraphs 8.a. through 8.e. above. n ,></l,l..r.....,., ,,. ,M~ «4 „f ,rnrMrrv nrnnirrtl Ihmllnh w fr>rirlne,~ nr rlra,Lie lir„ of fancTastm. including. ~~itht+ut limilntion, the csecutinn of tlx folloainF doculnLyttut1011: •• e. listing abreemenu; b. purchase and sak agrcemrn[s; 2 _. -- T ~..~__ r-. BK: 1381 PG: 79 Qd WfINESS WHEREOF, the Grantor has duly cxecuted the foregoing as of the day and year first above written. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage, Securities. Inc. Asset Backed Pass-Through Cetificates, Series 20~4-R7 BY: Amui~tt Home Morlgsyg Spvoin& Inn. as Attorney in Fact Signed B . (SEAL) Signature ' O~tOa NAISOR ('fide) !t's: (CotnpertpName) of: tt;siafan STATE OF ~_~~ ~~ COUNTY OP ~t,,~pd ~ Paula Kelley , Notay Publc, for county of State of ~ lterebycerdfy that gpn ame of Pasaa Signing), u • Qnnrot' (Podtion HeM in Competty) of Amaicm Home Mortgage Servtang, inc., a ~' d liability c~nY/ orbu arg:HZed P to ~e Iaaa of the sane of ore uboroay-in-fact for Ikntsche Bank Natioml Trost CaotpanY, as Truatae, is tro=t for the registered 6oldas of Aatecigt-est Mortga'e Setauidec. Inc. Asset Batted Pass-'ltrottg6 S ~ thin 2004-R7, either being Ply 1~'n to me or proven by aatiafactorY evide~, pasooaBY ~, a dm/ day, and ackoowledyad that 6erdte is the said officer of American Home Mortgage Servicing, limited liability/ odta std that (s)he, as slid officer mtd being authorized a do s0. volanarily executed the foregoing on behalf of the Corporation. for the purposes stated therein aorl that hisJha' authority to execute end acktt r) a sd irretrtaneat is b.Z°-as-~m~ranttaeot drily e~zeatsed+ aolm°*'ledpad, °Ttd r st l ~ pip ]~ocdt in the ot~ygf 16e Regina of or this iostrameat vves volunarily~execured wder~-and by-vbtne a~f 6r`tir' by ~ t t granting bimlhrr power of attorney. i tL,-ml. IEI~M~ adnwwledged I do furdta artily that _„{sA the vohtaary due execution oY the foregoing and annexed instrnme~ for the purposes drrran exprastd lot and in behalf of the vid Deateche Bank National Trust Company. u Trustee. in total for the registered holders of Anterigtrat Mortgage Saaaides, loc. Assn Backed Pau-Through Certificates, Staia 2004'R7. ~- -~ my hand a~ official seal this the 15'" day of .\ ~ ..J 20 Notary Public ~~~i` ~c~~~ The foregoing Certificate(s) of are dul at the date std time in the Book iarare ard5ed to be correct. -This irtshttrrtent and this certificate y and Page shown on the first page hereof. lte®sta of Deeds far County B3„ DawtyrAsaisara Register of Denis. swim too Nor: ~oooasrt2s ~.,, co~wr rci~ ~.: +ooou7+za veoaor ~ rk.: torasax '~,{ LOCO aa.e. RWrol. WC 377]6 a•' ""'~01 2 of 3 NO,OR~l1A arnso..as,w BR: 1381 PG: 80 i Tl1 ` 7 EXJJIBIT "A" AlI of Lot #1, as is shown on that plat for Leroy Blackwell, dated Juae 8,1998 by Obie M. Chambers & Associates, RCS, a copy of said plat being recorded in Plat Book 39, Page 37, Rockingham County Registry, to which plat reference is made for a more socurate and particular description. 235 Aberdeca Road, Ruffin. North Carolina 27326 Far Re[aeooa Only: Sdd property drolmowo u 235 Abadan Rand. Rarlfo. NC 27326 Smite iar No: ~00a687aa '~ Attat C'mipsy Pik Na: 100066'7428 VtmOOr Plk Na: 3036%2 Mcq.w.ryorw. 233 Madera Ra0. RaRi4 NC 27726 itntsgmvir nv.xnisrm 3of3 mnso.wsw. I i_ ICI _L BK: 1381 PG: 81 _ _ _ . _ ~ I-_i., ~- gook 7gea P"qs 265] ~11~l~ OIOJpI1D"=11C rQ fJOGO 05-04.2t~ 04:38:13 PM arteerr lTlRlTlm1~ . BK: R T008 PG:285~-2885 1>mBaRep~odnoed To The BetlE~k Q~ LtM17FD POWER OFArfORNEY r3 "' ~ru - 5.~~' KNOW ALL MEN BY THESE PRESENTS. thN Detdsdte Btstk Nstiota) TrtW CttmpmY, a ratiatal bankittg association orgatimd cad exislina under the hews of the Uahed States, fonacrly known a Sonkas Truss Company of Cal'ifarrua, N.A, ad hoviag As principal place of btabtess a 1761 EaA St. Andrew PMce. Saaa Ana, Calitbrob, 92705. n Trattee (the "Tnrstee") prrsuaa to the Pooling asd Servicing Agrtxments {Ihe "Agreeataus") listed on the sttacltcd Etthbit heaeby wratitutes and appoints Aarcrieao Rowe Mortgage Sen'idag, sae. as successes to Gti Reaide;taial Lettdtng Inc es suecetsor to Ameriquest Mortgage CgOPa^Y (d+e "Servicer"1. by and through th Snrvieer's offxen. the TnWee's true and lawful Ataraey-ia•Faet, in the Trustee s tames phKe aad stead and for the Trusttx's btatelit. in wrateaioa with all mortgage brans aervitxd by the Service pttrstratt to the AgreoneMi solely forth purpose of perfuming such acts cad oroaaini such doetaaaaa m the Wane of dta Ttastea ae ~~ m ~ of t•Ji'actuate the faBowtag taaunerated tnatsacuons is respect arty trust (th "Mortaees",aa the •naeds orrtmr -ey) ad p~~r ~ ~d thereby {urc -Mat~gsge Notes' roe which dm wtdasigaed is.eiags rtufke fot.~aian certiticateltolders (wfidha the tmdersigncd is rtlmed dtercia o mortgagee ac beoefidrl' or has become mortgagees by virtue of eadoreanem of the Mertp{e Note seared by arty atrcls Mortgage or Dessl of Trust) srtd for which American Hone Morlpge Serviting, Im h sating a tlra Servteer. }sus Appoiotmetrt :boll apply only to the following enumerated tranadions and ttodting herein or in the Agreement :hats be construed to th crnnrarY: I. The modificaion a rc-reeading of a Mortgage or Dead ofTnot, w'herc aid mo~Bwioo a ao-reearding is: soldy kr these purpoa of eorreeting the Matpge ar Dxd of'1'rust W cooR>mt same b the pigiaal idest of the panes thereto; m correct title errors discovered ally such title inaratta was issudl: or b modify tha Mortgage tx Daed of Trust for the ptrpose of Loa IvUtigtttim ar to emfom a • negotiaod legal sutlemera, g~ that said modilintiat or ra.rccuding, is any such instance, does not advd><lY aReu the liar of the Mortgage or Deed of Trust a insured and otherwise confomu to the provisions of the applicable Agreement. 2 The subordirglioa of Ibe lien of a Monpgc or Deed orrtusl to as easement in Wtror ofa public utility twamaty ofa wtematettt aasrcv M unit with rrtaaa of ernirtcul dnmain: thin neetitu shall include. wahnal tanrtattat.Ine extsutan iu portal x:aisF.rctiunshkxa's, partial nwrmtrl anc~':~ t* II><<n~'cutirn ~u nyv~xts to ttusltss b accomplish tarre. Ii I ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200928662 Recorded On 8/14/2009 At 10:06:04 AM * Instrument Typc -MORTGAGE User ID - AF Invoice Numbes - 50427 * Mortgagor - WHITLEY, VIOLA R * Mortgagee -CITIZENS BANK OF PENNSYLVANIA * Customer- EQUIFAX SETTLEMENT SER * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE 17.50 RECORDING FEES - ~ RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES p~FORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $ 54 .50 * Tvtal Pages - 8 Certification Page DO NOT DETAC~i This page is now part of this legal documt~lyt. I Certify this to be recorded in Cumberland County PA Ctty ~ Q d ~ r~~ RECORDER Clr, D EDS r~so * -Information denoted by an asterisk may change ~u-~ing the verification process and msy not be reflected Pd this page. u~ifM~u ~i 1MFIFRI AND COUNTY inst.# 200928662 -Page 8 of 8 __ _ -- -- ~ I _ _ _-- -- .. __ `C I r ~+, , t,l- Prepared Bv: ~ Citizens Sank Beth Romano y Retail Lending Services ~~j~ ~ 480 Jefferson Boulevard Wanvick,1t102886 1-800-894-4619 Return To' se'rnnre~rsrxvicts 420 Rouser Road, Bullding 3 Coraopolis, PA 15108 ~ $ r 4 q M ~ ~ t Q ~ O~ t ' Collateral Address: 27 MAPLE DRIVE, MECHANICSBURG, PA 17050 Master Mortgage rorrn Recorded By Citizens Bank of Pennsylvania In Volume ,Page Instrumen# # 200747167 , CUMBEItI.AND Cott>tty, Pennsylvania Records PENNSYLVANIA HOME EQUITY LINE OF CREDIT OPEN-END MORTGAGE (Securing Future Advances) INCORPORATING THE OPEN END MASTER MORTGAGE FORM RECORDED BY CITIZENS BANK OF PENNSYLVANIA MAXIMUM PRINCIPAL AMOUNT $ 45,000.00 KNOW ALL MEN BY THESE PRESENTS: That on 07/17/2009 ,the mortgagor, VIOLA R WHITLEY A/K/A ROSE V ~'VHITLEY PAMMSFOPEI\ 01109 F III ~II~IIII ND modeed Equifax Scttlemcnt SemiCes Y~III~I~I~I~~mYIIIIIIYI ~ J MECHANICSBURG, PA 17050 ("Property whose address is 27 MAPLE DRIVE, Address"); (hereafter "Borrower"}, inconsideration of a loan in the amount of $ 45,000.00 made available by CITIZENS BANK OF PENNSYLVANIA, a Pennsylvania banking association, xthose address is 1735 Market Street, Philadelphia, PA 19103 (hereafter "Lender"), the receipt whereof is tEtercby acknowledged, does hereby grant, bargain, sell and convey to the said Lender, its successors and assigns forever, the following real property, situated in the County of CUh4BERLAND in the State of Pennsylvania ("Property") and more particularly described as follows: SEE EXHIBIT A ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF and all the Estate, Title and Interest of the said Borrower either in law or equity, of, in and to the said premises; together with all the privileges and appurtenances to the same belonging, and all the retgts, issues and profits thereof; to have and to hold the same to the only proper use of the said Lender, its successors and assigns forever. t. Definitions: In addition to the definitions set forth in the Open-End Master Mortgage form referenced in Section 4 hereof, which definitions shall apply to all capitalized teens contained herein which are not otherwise specifically defined, the following term shall have the following meaning: (a) "Note" means the Promissory Note or Agreement signed by Borrower, delivered to Lendck and dated 07/17/2009 .The Note states that Borrower owes the Lender $ 45,000.00 plus intei'e~t. Borrower promises to pay this debt in regular Periodic Payments and to pay the debt in full trot lakct than 07/22/2034 , 2. THIS 1S A FUTURE ADVAPICE MORTGAGE. The repayment of which debt is evidenc d by a Credit Line Agreement (the "Agreement") made in favor of the Lender by the Borrower aad dated tie same date as this Security Instrument, under which the Borrower and the Lender reasonably contemplate khat there will be a series of advances, payments and readvances but which limits the aggregate principal in~e~tedness at any time outstanding to a maximum principal amount, encluding protective advances, of $ 45,000.00 including, but not limited to, any future advances, with interest thereon. 3. Payment of Principal Interest and Other t;;ltarses. Borrower will pay when due the principal lof, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due underlthe Note. 4. Incorporation of Terms d Conditions of Master Mort¢sue Form Recorded by Lender. Borrower covenants and agrees that it shall be bound by the terms, candttrons and provts:ons set forth to that Certain Open-End Master Mortgage Form recorded in Official Record in Volume ~ Instnment Page n200747167 , of the CUMBERLAND County ("Master M~o>ttgage"). Upon the occurrence of a default under the terms of such Master Mortgage, Lender shall be entitled to pursue all remedies specified in such Master Mortgage against the Borrower and the Property. Page 2 12130!2009 12:49:46 PM CUMBERLAND COUNTY ' inst.# 200928662 -Page 2 of 8 __ _ -.__. rr. ..~. >.-..... _._ -~- _ I Borrower has been provided with a copy of the Master Mortgage from Lender and acknowledges receiving it along with this Home Equity Line of Credit Open End Mortgage. S. Defeasance: This Security Instrument is given to secure the advances made by Lender to Borrower under the Note,-which Note has a maturity date of 07/22/2034. Upon the repayment in full of the amounts advanced under the Note, all accrued interest under the Note and all incidental amounts as set forth in the Master Mortgage, this Security Instrument shall be void. G. REQUEST FOR NOTICE OF DEFAUT T AND FORECLOSURE UNDER SUPERIAR MORTGAGES OR REEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over the Security Instrument to give Notice to Lender's address set forth on page one of the Security Instrument, of any default under the superior encumbrance and of any sate or outer foreclosure action. REIVIAINDER OF THIS PAGE )CN'I'ENTIONALLY LEFT BLANK Pagc 3 CUMBERLAND COUNTY inst.# 240928662 -Page 3 of 8 '.2:49:46 PM _, , L_. _ ____ __.~~, T~~. 7. Ii`' WITNESS WI-IEREOF, Borrower has executed this Mortgage. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained un the Security Instrument and in any Rider{s) executed by Borrower and recorded with it Signed, sealed and delivered: ', GENERAL PROVISIONS INCORPORATED BY REFERENCE AND NOT TO BE RECORDED SEE MASTER MORTGAGE FORM REFERRED TO HEREIN Page 4 I 0/2009 12:49:46 PM CUMBERLAND COUNTY ~nsL# 200928662 - Pana d of R ._ _.- ~ _-~. ~ ~,,. .T~ ,... _ .. ~ . i,.._ T .' CERTIFICATE OF RESIDENCE OF MORTGAGEE I do hereby certify that the precise address and principal place of business of the within r~arppcd mortSagee is: 1735 Market Street, Philadelphia, PA 19103. Citizens Bank of Pennsylvania By: Name: ~ t 1 ~a `-1.--,- Page 5 12!30!2009 12:49:46 PM CUMBERLAND COUNTY Inst.# 200928662 - Paae 5 of 8 ~I ._,_ _ . ~ ,.i... ,r __ INDIVfDUAL ACKNOWL ,DyGMENT OR COMMONWEALTH OF STATE ,~ COUNTY OF ~~ day of On the before me appeared VIOLA R WHITLEY A/K/A ROSE V WHITEY }SS: to me personally known to be the person(s) whose name(s) is/~a~e subscribed to this Instrument, and such person(s) acknowledged that he/she/they (i} executed the same for the purpo{end deed.con~amed, and (ii) executed this instrument as their free ac a IN WITNESS WHEREOF, ! hereunto~t my and an~fficial'~seal. (Official Seal} ' ` otary Public COMMnNWE~H OF pENNSYI.v No ARIAL SEAL CIWDY L. FOX, Notary PuWtc Lower Allen Twp. Cumbrriend Co. tJty Commiselort E~tres Dec. 13, 2009'.. '', Attention Registry of Deeds/Town or City Clerk: Mail to: Citizens Bank Consumer Finance Operations - RJW215 1 Citizens Drive Riverside, RI 02915 ,,,,,,,,,,,,,,,, ,,,,,~.~c one CUMBERLAND COUNTY ACKPA 4Jg5 I __~-', Inst.# 200928662 -Page 6 of 8 _ t_.: ___ _ T__~ is ` Exhibit A (I„ee~i Descrtnli~nl ALL THAT PARCEL OF LAND IN TOWNSHIP OF SILVER SPRING, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, A5 MORE FULLY DESCRIBED [N DEED BOOK 24-Z, BUNDLE 635, ID# 38-19-1610-059, BEING KNOWTJ AND DESIGNATED AS LOT 23, REVTSED PLAN OF LOTS FOR SILVER SPRINGS DEVELOPMENT COMPANY, FiLL•D IN PLAT BOOK 6, BUNDLE 4, METES AND BOUNDS PROPERTY. DEED FROM GEURGE ROhiNEY, SL•CRETARY OF HOUSING AND URBAN DEVELOPMENT OF WASHINGTON D.C. AS SET FORTH IN DEED BOOK 24-Z, BLTiDLE 635 DATED 01/!5/1913 AND RECORDED 01!30/1973, CUMBERLAND COUNTY RECORDS, COMMONWEALTH OF PENNSYLVANIA. Pege 3 '2009 12:49:46 PM CUMBERLAND COUNTY ',inst.# 200928662 -Page 7 of 8 i , .TAT _~_ 4IO1D17~CPM N>300X 13Ca81 PA(~C2~~CCA560 CIId3TRLA~NTE~2009000926~DS 9/8/2009 t2ecordinq:$15.00 Probate:S2.00 SJtTLIAN 2 Exoee Tact ..- po NOY rem aeon tltie line. feeooado~ Tens. Book and Pape North Carolina Quitclaim Deed This YgelNlltllt pteplnd py: Hobert z wtt Ti r Att~~ey This Ow Ids~~ Oiy d seotsrber TO 09 , by andbabMan Granbr and Gr~tae: 6tler Y agMte/tite Bleak for ease psrb: f~a~a, afidnrs. mr~ ~M aed if ap{ropdals aa6gr W mporatloa~Pnuwr~i~.11-e 6fatMr eats iaiaMe w Yssi hereto afnN e~drde aA pniks. MKi- McGs, mooaaon and as:~as and tndude stnpu6r. pltn 8meanastieb Atei'ten or miter n ~ e1 ceatatt VZOIl- R. 11Ht:TLE7. AiBow 1,i1RAY R. rntzazslr aad riie. rrmt- D. rtH2TI.E! Trarlsfu' at Ottinrrthlpr denlor, fora valuaute oonsideratiori pain ey t3ra~itae. d+e rooeipt d wren is n~ly adtnawMdge4 nac tt~sed end ieNesed snd does Iwaby temlee, roleeae and faeverquldaioe a tkamee, dw PropNty deeedbed below: P%p~ : ~ .GouMyd ~.,.,~~.,~~ ~NaMiCvorna. this popaq ris~i eaqufied by ttraiitor b!' ~n liabumerit nlKatded in Soak .Pape A msp ahowillp M pta~peity ai iaostded'n Put Boot . ~ Catr~ ttie legal tlea>slpUoe d the pn~perllt is: All of Lot #l. as is shown ca that plat for LaoY BladtvwelL deed Jtme 8.1998 by Obie M. Cbarrtbtxs & Associates. RLS. a copy of said plat being reoatdad in Plat Book 39, PaQa 37. ROC Cooney Reglsr<y, to which plat tr:fetenot: is made for a mote atxuraie and parricotar descripat+a 235 Abt~tlecn Road, Ruffin. North Cwoiina 27326 (09.08-13.B) /IMlM~MAM~K I~ ' ~ x't 1r' ,. t ~f` ~. ~~ ~ ~~ ..' =~ Continued on Page 2 '~ >'_'~ Attar rooordfnD mall to: Tint tat No. ~ " t;:raatw Ptaod loeti68ar N0. , 92 Ee4ales Roods alozth lkrpfad Bf' ~ `~ lisp a. PIl 17013 an r+e dap d , ZO_. ~~ ~ , Fain l~-70t ®zoaz er Jrnes v~ilioeu a Co. MiC. www.,lanaaVK>raets.oom Page 1 d 2 Initial EXHIBIT x • g1t:• 1381 PG: 2560 4ontinued firm Page 1 TO HAVE RNO t0 FlOlt) the said Properly aid aM priNlepes a~+d ~ ice) ~npi~'9 to Grantee, in tee simple. 6raMot lrgieae ao ranaoty, expegs a hnpied, ss tb ikle 1o tlu P• 5ignath+ras: rlrx~o~naaday end,~s~:w:ttm.gem.>~au~.aarandyear~stl,~en.bo~e. ~, tnaividtat yip 1~1-Q-~~ . cse~- ~. '~-~~ m7 (seal) er. i~ ~: Tipe: iseal) Y ts~l} ~~ ice) ~~^'~'/ ~~~~ ST~ ~ r nwrrloant ~ I. a NOWy Pul~lfc OF dk County and Stale e~ead. ~h ~ _ vt el: Q tllf9-tl~++ GraMrx panoraAy came t>olurs ~ Ills deer aaa the.>axufwn of the Insanrrtd ~ ri~nae my Ama.sd cAictal'stampseat, ha ~~ q;fa,~avb6e ~ ly canes Exyires'p~ ! yid„ ., ,. INCttlrouAl ~~~~ ~ ~ sTi-Tl: of coulTY or: ~ 1, a Nolay Pubic of ~ County and Sole slowessid. oerdty that Grantor persa~Wy came ttetare wte this dsy and am~owledped the exeation of the toRpoiy insatartent. wltgras ngr tend and alidal se>anp a east. tba dtry ~ ~ cammisabn E>~ires: - ENTITY: Corpotalian, LilwitW Lt.bitxy ~aY Gtatuat or lietiMd PalawsAlp ~ STATE OF GOINrTY ~ 1. a Notsy Pubie of tlN l:Otaty and StNe ataresald, amdfy llfat ppsanaJly raroe Dekre ale thie day and aeknorAadped thst he a d a tlae9t Carornn a ~ wrporaaw+ r limited ~rnpany r yens 0p r 4rrINeO tsutrrersbiP (,tree throaph the trappiosea) and that by authorHy ~r ttivan aid os an ad of the EnM4r, Ins signed the fonpdrg ia4ufrnrtt h its nerne and an 4s te+hstt a itt eat and deed. vYNness my had a++d aical stamp a neat, this der of . 20_ . Mr Cormasaion Expires: ~7 Pveeic Ttq tonpoig CartrYu~s} of tsNre toelliFSd to be carted This instruwnnt and Ills xrli6tale are dtiy uagislarld at tae dale erb time and in the BOdt and Page shown On /10lint P~ ~~ RE(NSTER OF DEEDS FOR t)Ol1NTY ~ OepayfAfsi~nt • Repew d DNda Form X701 02D02 br James VVNYena 3 Co.. Ina. 7nMw.JBmeeVNNiams.com Pape 2 d 2 ~. _ __ --- - i~ ~~t ~ 5Y'r o•~~ j~E~a'~ ~ ~~~p,l~ ~.,~~' ~tl~! ~ '-` c~` > li~~ ~ .~ t~~~~~1 ~ ~~~ a ~ln~ ~, ~: ~`'='~y''~ ~ li.~~~ : s~ ~ Sri ~ ` Y`-6~~~ ~~i :~; ~~t~ ~ ~~ ~ ~A~ ;: ~ ' ilk ~+. !~ ~ s~ ~ ~ i e~ ~[~.: ~ ~ .. ii a ~! ~~_ /~' ~ i ,+ /~3~ / ~~ j,~~i Y x ~- __,- ~. '.~ ~ __ ~~ - •I i .i ~ ~~ ~~ ~ ~' ~~ m ~ ~o z dp r ~' a n ~rn~ ~ r ~ r ~. ~' w w _. O S ,__~ r~ -, ~__, t 7~. 4 f +~A i ! ~ ~ ~ , eo r~S~rr ~: i~i`E~ ~j~~~l ~`~E ! ~ ~~~~~ ,. ~'i jl ~~ipt .~ ~ i~~; i 6 ~ ~ - ~ ~ 131 id - ~ ~ ~~ E t: _~ __ I R. _ _.. _, _ _ _, . W ~ ~. -_. _ ---. Pending MLS # 10196324 Class Residential/Farm Type Detached ' -~ .~ List Price $119,900 HTBB: No ,,d ~~ ~-, - Address 27 Maple Drive .- ~ a~ Virtual Tour Liv Rm Dim 18.5x11 Din Rm Dim 16.5x13 Kitchen Dim Fam Rm Dim Den Dim ' M BR Dim BD1 Dim BD2 Dim 12x10 BD3 Dim 12x10 BD4 Dim 8x7.5 BD 5 Dim City Mechanicsburg Mun Silver Spring Zip 17050 Area 6 Dev Schl Dist Cumberland Valley County Cumberland Associated Document ~ Quick Links: Design Ranch # Stories 1 Story Handicap No (;~ # Bdrms 2 Baths F 1 H 0 # FP Possession Nego Flood Zone: No Level 1 Window Treatment, Wall To Wall Carpet, Bay/Bow Window Level i Window Treatment Wall To Wall Car et Schedule a Showinn p Bath Half Full Bsmt 0 0 Main 0 1 2nd 0 0 Level 1 Wi d 3rd 0 0 n ow Treatment, Wall To Wall Carpet Level 1 Window Treatment, Wall To Wall Carpet Level 1 Window Treatment, Wall To Wall Carnet pax 1309 Tax Year 2010 Acres 0.1700 Lot Past Acres II Acres Square Ft Source public Records Square Feet Above Grade 1140 Finished Square Feet Below-Grade Condo No Fee Fee Fre uen / q cY Adult Community No Warranty No 'Year Built /- 1958 Const Frame Wtr/Swr Public Sewer, Public Water Ext Roof Brick Lot Sz Less Than '/a Ac Asphalt/Fiberglass Lot Desc Clear APPI Refrigerator, Range-Elec Age 51+ Years Ext Fea Out Buildings Rd Frntg Municipal Road Equip Smoke Detectors, Cable Ready Use Dining Formal Dining Room Out Bldg Parking Off Street Parking Barn Type Cool Central Air Barn Ind Amen Golf Course, Park, Playground, Public Transportation, ShoppirFm Equip Heat Forced Air, Oil .Fence Misc. Rms Eled:ric Circuit Breakers, 100 Amps Assoc Amen Occ pyy~r Aux Heat Zoning Residential Basement Slab Avail Finc Conventional, VA FHA Cash ublic View :marks , , Cute as a. buttoh. Ready to move into, 2/3 BR, 1 bath ranch home in Silver Spg township Quiet St level park. New Windows, Central Air. Priced $119,900. . , Y up to ~~r East on Carlisle Pike, R/ Maple Dr. at Silver Spg Township Building Listing Type Var Rate Comp .Under Const No Est Comp Date Update Date 7/9/2010 Possible Short Sale No SAC. 0 TLC Show Call List Office. Lock Box CPML BAC 3M LO RE/MAX REALTY ASSOCIATES Office: (717) 761-6300 3425 MARKET ST CAMP HILL PA 17011 I-A DAVID JONES Phone: (717) 441-5619. dave jones(alremax ne LA2 MICHELLE SNEIDMAN Phone: (717) 441-5618 LA3 Selling Office THE HOMESTEAD GROUP RESelling Agent NORENE KOEPPEL CDOM 15 Sel Contrail: Date 7/1/2010 Clsing Date Finc DOM 15 Sold Price Sell ~H~B~ Information provided is deemed re/lab/e but not guaranteed. 07/ . L T.. _ .~ RESIDENTIAL LEAD-BASED PAINT HAZARDS DISCLOSURE FORM This form recommrnded end ippraved for, but not restricted to use by, the members of the Pennsylvonia Association of 1tEALTORS® (PAR) THIS FORM MUST BE COMPLETED FOR ANY PROPERTY BUILT PRIOR TO 1978 PROPERTY ~ v LPD 2 SELLER 3 LEAD WARNING STATEMENT a Every purchaser of any interest in residential, real properly on which a residential dwelling was built prior tp 1978 is notified that s such property may present exposure `to lead from lead-based paint that may. place young children at risk o~ developing lead poi- e coning. Lead poisoning in young: children may produce permanentneurological damage,including learning disabilities, reduced ~ infelligence tuotient, behavioral problems, and im aired memo Lead oisonin also oses.a articulaz ri to re anf women. s The.Sellerof an P IY P g P P ~ p gn y interest in residential real property is required. fo provide the-Buyer with any informatiojn on lead-based-paint s ' hazards from risk ,assessments or' inspections in the: Sellers possession:and notify'.the Buyer of any known; lead-based paint haz- t o azds: A risk assessment or inspection. for possible lead-based paint. hazards is recommended prior to purc}tases: 1~ S~~'~r~' DISCLOSURE 12 `~ ' 1~.-~~ Seller has no knowledge of the presence of lead-based paint and/or lead-based aint h 13 / Seller has knowledge of the presence, of lead-based:pamt.and/or lead based P ~~ m or abouut the Property. is paint hazards m or aboipt jthe Property (Provide the basis forsdetermtning thatlead based'paint;and/orfiazards:exist, the!locahon(s), fie:ctindihon of t~~pamted:surfaces,:a>}ti ~s other'availablemformattonconcemrng.Sellersknowledgeofthepresenceoflead-basedpaintand%rlea lasedpainthazards) ~e S LL 'S RECORDS/REPORTS i7 Seller has no records or reports pertaining tti lead-based aint and/or lead-based ie / : Seller has rovtded B P painthazards >.n or a~out the Property.. : p uyer with alI. available records and. reports regarding lead=based paint and/or lean-based paint hazards in y s or about the: Properly. (List documents): Zo : zi SeIIer c es th ,t to the _ est of ller's knowledge ti'le above ata~e~tnlIe'',np'ts true accurate. ~ wITNE SELLER Y`~.~ ~ DATE ~~;,~ 23 WITNESS _ ..: SELLER DATE.. 2a WITNES$ SELLER HATE ~ AGENTACIINOWLEDGEMENTAND`CERTIFICATION 2s Agent/Licensee represents thatAgent liar informed Seller of Seller's obligations under the Residential Lead-Based-Paint ~ Hazard Reduction Act,; 42 U.S.C. §4852(d) and is aware of Agent's responsibility to ensure compliance: 2a The following have reviewed the information above .and .certify that the Agent statements are true to the best of their lctiowledge and belief. 2s SeIler Agent and Buyer Agent must both sign this; form.; 3o BROKER' FOR LE (Co PAY Na e) : "~" . ` U . 31 LICENSEE ~ ----_ 3z_ BROKER FOR BUYER (Company Name) 33 LICENSEE DATE' 3a BUYER 3s DATE OF AGREEMENT ~,.:~;. 3s BUYER'S:. ACKNOWLEDGMENT 37 / Buyer has received the pamphlet protect Your Family firm Lead in Your Home and has read the Lead Warning Statement. 3e ~ Buyer has reviewed Seller's disclosure of known lead-based paint and/or lead-based paint hazards and hais deceived the records 3s and reports regazding lead-based'paint and/or lead-Based paint hazards identified above. ~ Buyer certifies that to the best of Buyer's knowledge the above statements are true and accurate. a~ WITNESS. BUYER DA~7,"E a2 WITNESS BUYER. DA'1rE as WITNESS BUYER ,, DA1"E ~/ I Pennsylvania Association of REALTORS corYxrcxz rEtvwsrrvAxrnAssocuTroru EXHIBIT ... - ,. ~ ~ PROPERTY ~ 2 SELLER t 3 The Real state Seller Disclosure Law (6 P.S. §7301 et eq.) requires that a seller of a property must dis ose to a buyer all known a 4 material defects about the property being sold that are not readily observable. While the Law requires certain disclosures, this disclosure 4 s statement covers common topics beyond the basic requirements of the Law in an effort to assist sellers in complying with disclosure s s requirements and to assist buyers in evaluating the property being considered. Sellers who wish to see or use the basic disclosure form s ~ can find the form on the Web site of the Pennsylvania~State Real Estate Commission. 6 This Statement discloses Seller's knowledge of the condition of the roe ~ s for any inspections or warranties that Bnyer may wish to obtain. This Statement is n t a wtarran b of anler .and is not a substitute e to ranty or representation by any listing real estate broker, any selling real estate broker, or their licensees Buyer i~n ouragied to addr s to it concerns about the condifions of the property that may not be included in this Statement. This Statement does urolt relieve Seller of the tt 12 obligation to disclose a material defect that may not be addressed on this form. t3 A Material Defect is a problem with a residential real roe tz 14 value of the roe P P rtY °r aIIY Portion of it that would have a significatrt adverse impact on the i3 p p riy or that involves an unreasonable risk to people on the property. The fact that a structural dleQnent, system or sub- to is system is at or beyond the end of the normal useful life of such a structural element, system or subsystem is not by' itself a material defect. is is 1. SELLER'S EXPERTISE Seller does not possess expertise in contracting, engineering, architecture, environmental assessment or is n other areas related to the construction and conditions of the property and its improvements, except as follows: '. t7 2. OWNERSHIP/OCCUPANCY .. t6 (a) Is the properly currently, occupied? es ~ .. ~/ is If property is not occu i -~~ NO ~ `yes, by Whom? _ Seller Othe>~• occupants (tenants) 20 p ed, when was it last occupied? 2t (b) How long have you owned the property? . _ f973 (c) Are you aware of any pets having lived in the house or other structures dorm ~ If "yes," describe: g Your ownership? _ Yes ~No ~ 3. .ROOF za (a) Date roof installed: Documented? _ Yes No i()nlmown ~ (b) Has the roof been replaced or repaired durin 2s g your ownership? . t/Yes _ No 27 If "yes," was the existing roofing material removed? ~es No Unknown (c) Has. the roof ever leaked during your ownership? ya ~0 26 (d) Are you aware of any problems with the roof 2s gutters, flashing or downspouts? _ Yes ~No 30 Ezplain any "yes" answers in this section, including the location and extent of any problem(s) and any repair of itemediation efforts: 3t 4.. BASEMENTS AND CRAWL SPACES (Complete only if applicable) ~ (a) Does the property have a sump P~P~ Yes ~ "has it ever run? Yes N ° Unknown Unltnown Is it in working order? _ Yes - No _ Unlmown 39 (b) Are You a emulation, or dampness within the basement or crawl space? Yes No 36 (c) Do You ltnow of airy r -~ tthe or dampness paoblean in the basemart ~ crawl spac$7 _ Yes ._ No 37 ~P~ anY "Y~" answers in this section, including the location d ertent of any problem(s) and any repair or rs~medlalion efforts: se 5. TERMITES/WOOD-DESTROI'II~iG INSECTS, DRYROT, PESTS 3s (a) Are you aware of any termites/wood-destro ' ~ 40 Ymg insects, dryrot, or pests affecting the ProP~Y? Yes ~"No (b) Are You aware of any damage to the property caused by termites/wood-destro in tns ~ 1~ at (c) Is your properly currently under contract b a licensed Y g cets, ~ or pests? _~ Yes _ No 4z Y pest control compaay7 Yes No a3 (d) Are you aware of any termite/pest control reports or treatments for the property? Yes °' o Ezphiin any "yes" answers in this section, including the name of any serviceltreatment provider, if applicable: 4s STRUCTURAL ITEMS 4s {a) '~ Yon aware of any Past or Present water leakage in the house or otlibr'ttructures? Yes ~~No ~ (b) Are you aware of any past or present movement, shifting, deterioration, or other problems with walls, foundations, or other 4s structural components? Yes No {c) Ate you aware of any past ~ pteseat problems with dri 50 (d) Is our roe ~' ~°S' ~ g wads ce ~ ___,_ Yes No 5t Y P p rty co cted with an Exterior Insulating Finishing System (EIFS), such as Dryvit or syntht~tiC stucco? ~ Yes o Unknown If yes, date installed, if known (e) Are there any defects (including stains) in flooring or floor covetin ? _ y~ s3 (f) Are you aware of an fire stn ~ o ~Unkniown 5a Y tm, water or ice damage to the property? -yes ~o zplain any "yes" answers in this section, including the location and extent of an ~ y problem(s) and any repair or r'emediation efforts: ss _ ~ ~ Buyer Initials: Date SPD Page 1 of 5 Seller Initials: ~~ Date ~ ~ ss '/ I Pennsylvania Association of REALTORS' cot~xte~rrrtcmvsnvnrtrn,-ssoctw•noNai>rx~rrro~.z~y o2ro9 - _ -- _ __ - - to 19 za 21 z2 23 za z5 zs 27 28 29 38 31 32 33 34 3s 36 37 38 39 ao at 42 a3 44 45 46 a~ 6 48 49 50 st 52 s3 ss 5s E s~ SELLER'S PROPERTY DISCLOSURE STATEMENT SPD This form recommended and approved for, but not restricted to use by, the members of the Pennsylvania Association of REALTORS®(PAR). ~ _ _ __ _ - 59 7. ADDTITONS/ALTERATIONS Ijave any additions, structural changes, or other alterations been made to the property 59 so during your ownership? ,yes _ No st If yes, list additions, structural changes, or alterations Approxunate Were permits obtained? Were final inspections/approvals st sz (use additional sheets if necess azY)• date of work (Yes/No/Unknown) obtained?. (Yes/NolUnknown) sz 63 ~ ~ oO ~~±± B4 ~ ,G~ '~/7 63 gs ~ ~ ?i 64 66 65 67 66 se Note to Buyer: The PA Construction Code Act, 35 P.S. § 7210.101 et seq. (effective 2004), and local codes establish stan4lards for building and se 69 altering properties. Buyers should chec/r with the municipality to determine if permits and/or approvals were necess ro so, whether they were obtained. Where required permits were not obtained, the munici li mi ht uire the currentr caner for r pgrade or~>'~ a ~o rt than es made Pa ~' g m9 g by prior owners. Buyers can have the property inspected by an expert in codes compliance to ,determine if issues exist. Expanded » r2 title insurance policies may be available for Buyers to cover the risk of work.done to the properly by previous owners withauta permit or approval. ~z rs 8.WATER SUPPLY ra (a) What is the source of your drinking water? Public Water Well on Property Community Water ra rs None Other (explain): - 76 (b) When was your water last tested? 75 Test results: re n ]f Your drinking water source is not public, is the pumping system in working order? Yes No rs If "no," explain: -... n r9 (c) Do you have a softener, filter, or other treatment system? yes No re ~ If you do not own the system, explain: 79 et (d) Have you ever had a problem. with your water su 1 ~ eo sz (e) Has your well ever run dry? I•es PP Y• Yes t/No et es NO Applicable ~ (f) Is there a well on ihe.properiy not used as the primary source of drinking water? Yes ~~No ~ If yes, is the well capped? Yes No ~ es (g) Is the water system shazed? Yes No ~ as (h) Are you aware of leaks or other problems ast or resen relatin to the water su I ~ er YeS No ' P ]? t' g PP Y, P~-P~g system, and related items? es se Ezplain any "yes" answers in this section, including the location and extent of an robl er es y p em(s) and any repair or remediation efforts: es ~ 69 9. SEWAGE SYSTEM 90 sz (a) What is the type of sewage system? ~ Public Sewer Individual On-lot Sewa a Dis osal S e 91 ~ g P Y~ m 9z Individual On-lot Sewage Disposal System in Proximity to. Well Community Sewage Disposals System s3 ~ Ten-acre Permit Exemption Holding Tank None None Available/Permit Limitations in Effect 94 9s Other type of sewage system (explain): ._.__ ~ (b) ff Individual On-lot sews e ~ ~ ~ g system, what type. Cesspool - Drainfield Unlmown •9s Other (specify): 9e (c) Are there any septic tanks on the Property? Yes No ~ 99 If "ya,° what type of tank(s)? lvletal/steel Cement/conerete Unknowniberglass - Ylmknown gig too Other (specify): - 10t (d) When was the on-site sew a dis osal toz a ag p system Iast serviced? to () Are there any sewage pumps located on the property? Yes No . 103 If Yes, tYPe(s) of PCP(s) t oz 104 Who is responsible for maintenance of sewage pumps? Are pump(s) m working order? - .yes _ No tas tos (fl ~ the sewage system shared? y~ ton tos No tos (g) Are you aware of any past or present leaks, backups, or other problems relating to the sewage system and related items? Yes ~ No tos for Ezplam any "yes°' answers in this section, includin the location and extent ofan toe g y probie~s) and any repair or reimediation efforts• for tog 10. PLUMBING SYSTEM ton tto (a) ~ ofplumbing (check all that a 1 109 ttt PP Y): "~ Copper Galvanized Lead 'PVC Polybutylene pipe (PB tto `Mixed Unlmown Other (explain): ) ttz (b) Are you awaze of any problems with any of your plumbing fixtures (e.g., including but not limited to: kitehern, laundry ttt tta zoom fixtures; wet bars; etc.)? -Yes t/No , or bath- ttz tta If `des," explain: n3 tts I1. DOMESTIC WATER HEA tta its (a) Type of water heating: _ Elechic Natural Gas Oil _pm tt6 Other (explain): P~ -Solar _ Suau>rter/VVutter Hook: Up t t s rte (b) Are you aware of an ~ P y problems with any water heater or related ui meat? yes No ttr tts H'°~y~,~ explain: tta t2o gayer Lrilials: Date rt9 --_. SPD Page 2 of 5 Sewer Initials: ~ Date /A ~/G~'/~ tzo w - - - 121 12. AIR CONDITIONING SYSTEM ~ 122 (a) Type of air conditioning: _ Central Air Wall Units Window Units None 121 122 123 Other (explain): 12a Number of window units included in sale Location(s) 123 a 125 (b) Age of Central Air Conditioning System: _ ~D+~/` Unlmown Date last serviced, if known - - ' T 12 tzs t2s (c) List any areas of the house that are not air co n dtti Oned: 1z7 (d) Are you aware of any problems with any item in this section? Yes No t26 _ 128 If "yes," eXplaul: t27 1z9 13. HEATING SYSTEM 129 130 (a) Type(s) of heating fuel(s) (check all that apply): _ Electric /Fuel Oil Natural Gas Propane 129 130 131 Coal Wood Other: __ 13z (b) Type(s) of heating system(s) (check alt rttat apply): /Forced Hot Air Hot Water Heft Pump 131 132 133 Electric Baseboazd Steam Wood Stove (How many? _) Coal Stove (How many? ) t33 _ _ 134 Other: iss (c) Age of Heating System: Unknown Date last serviced, if known ~y 136 (d) pre there any fireplaces? Yes ~T " " 134 t35 ~. o If yes, how many? Are the king? Yes No t37 (e) Are there any chimneys (from a fireplace, water heater or any other heating system)?• es ~No t3s 137 _ 138 If `~res," how many?- ~~jy~yhen wire they_last cleaned? LTnlmown y r 138 ~ t3a pre they working? ' yes No If "no," explain: `° t3a 3 tao (f) List any areas of the house that are not heated: ~~al(~ ' . tat (g) Are you awaze of any heating fuel tanks on the property? Yes No 1ao _ tae Location(s), including underground tank(s): ~ tat tai If you do not own the tanks, explain: 1a2 taa Are you aware of any problems or repairs needed regarding any item in this section? Yes ~No t43 ta4 us 1T "yes," explain• t,~ 145 tai 14. ELECTRICAL SYSTEM t4s 1a7 1as (a) TYPe of Electrical System: .Fuses tr~cuit Breakers How Many Amps? ~ Unkripwn tas (b) pre you aware of any knob and tube wiriag in the home? Y I~ ~ 14B es Np ,, / t5o pro yon aware of any problems or repairs needed in the electrical system? yes (/ iVo 149 " - . t5t I f "Y~" eZp}~' t5a tsz 15. OTHER EQITIPIVIENT AND APPLIANCES 151 1sz 153 This section must be completed for each item that will, or may, be sold wltb the property. The fact thataip item is listed does t53 t5a not mean it is included in the Agreement of Sale. Terms of the Agreement of Sale negotiated between BU~yer and Seller will Asa 1ss determine wLich items if any are includ d i th , , e n e.parchase of the Property. - 156 (a) Electric Garage Door Opener Number of Transmitters Keyless Entry 1~ tsl (b) Smoke Detectors How many7_~ Location(s) 158 tss (c) Security Alarm System Owned Leased (Lease Information t57 - ) tss (d) Lawn Sprinkler(s) How many? Automatic Timer Ise ts0 (e) Swimming pool Hot Tub/Spa PooUSpa Heater PooUSpa Cover WhirlpooiUTub ts9 tat PooUSpa Equipment and Accessories (list): i80 z tsz (fl _~Refrigerator(s) /Range/Oven Microwave Oven Dishwasher Trash Compactor 16t ~, ts3 Garbage Disposal Chest Freezer Washer _^. Dryer v intercom ) ~C 7i ( F ts2 163 et 164 g ng an(s) How many? 2 Location(s) ts6 (h) Awnings Attic Fan(s) Satellite Dish l ora~ S ed Decktal Electric Animal Fence 166 (r) Other: -- ts4 ts5 tsl Are yon aware of any problems or repafrs needed regarding any item in this section? Yes No t6s 168 If `eyes," explain' . 167 1ss 16. LAND (SOIIS, DRAINAGE, FLOODIIVG AND BOUNDARIES) '• ° tae na (a) Land/Soils 1sa tit 1) Are you aware of any fill or expansive soil on the properly? y~ ~No 170 - 172 2) Are you aware of any sliding, settling, earth movement, u vat, subsidence, or earth stability problems that have 173 d t71 t72 occurre on or affect the properiy7 Yes No t7a 3) Are you aware of any. exislinP~Past or. proposed mining, strip-mining, or any other excavations that might affect this t i74 7s property? Yes (/ No tls Note to Buyer: The property may. be subject to mine subsidence damage. Maps of the counties and mines where'mine subsidence m damage raay occur and mine subsidence insurance are available through: Department of Environmental Protection Mine Subsidenc ns m , e ns Insurance Fund, 25 Technology Drive, California Technology Park, Coal Center, PA 15423 (800) 922-1678 (within Penns lvani y a) or 179 (724) 769-1100 (outside Pennsylvania) ve . tso Buyer Initials: Date SPD Page 3 of 5 Seller Initials: _'~ pate1a~=- 179 180 te1 4) Is the property, gr a portion of it, preferential! assessed for tax t/ Y purposes, or subject to limited development rights? tst taz Yes _ No If "yes", check all that apply below: tee tea Farmland and Forest Land Assessment Act - 72 P.S:§5490.1 et seq. (Clean and Green Program) tea ta4 Open Space Act - 16 P.S. § 11941 et seq. taa tes Agricultural Area Security Law - 3 P.S. §901 et seq. (Development Rights) tes 1es Other 186 ts7 NotetnBuyer:PenrzsyltKmiahasenactedtheXi httoFanrtAct P.S 951-957 in an g' (3 ,¢ ) effort to limit the cirrlunstarrces under which agricultural open- te7 ~ ations may be subject to mrisance suits or orn'inarces Buyers are enco:aaged to investigate whether arty agricultural operations covered by the Act tes '. operate m the vicinity of the prnperiy. 189 tso 5) Are you aware of sewage sludge (other than corrunerciall available fertilizer roducts bein s read on the ro e ts1 y P ) g P P P rtX or t9o have you received written notice of sewage sludge being spread on an adjacent properly? Yep lijlo tst tsz 6) Are you aware of the transfer, sale and/or lease of any of the following property rights b ~ ' tea (y you or a previous owner of the t9_ property)? -Timber _ Coal _ Oil _ Natural Gas _ Other minerals ty3 ': 194 Note t6 Biryer:• Before entering into an agrtzement o sale, B f uyrr' cart bestigate the status of these rights by, among otherrpu~7s, engagu2g legal cozen- ts4 195 set; obtainirlgatitleercnnincrhonofwtlintitedyt?mscmdsearchingtheoffieialrecordsinthecountyOffceoftheReco»~oflDepds;andelsetrhere Buyer- tss tss it also advised to investigate the terms ofarry erishng leases, acs Buyer may be subject to terms ofthase leases. tss ts7 Explain any "yes" answers in this section: . 198 197 19s (b) Flooding/Drainage tse tss ~ 1) Is any part of this property located in a wetlands area or a FEMA flood zone? Yes No Unknown 200 ~' tot 2) Do you know of any past or present drainage or flooding problems affecting the property? Yes ~No z0t ~ Explain any "yes" answers in this section, including dates and eztent of flooding: 2~ 203 203 zoo (c) Boundaries 205 I zoo zos ) Do you know of any encroachments, boundary line disputes, or easements affecting the property? Yes _ No 2os 207 Note to Buyer:• MastproperTies have easernaltsfor utilityservioes and odrerrearons. These earentaltsga7erally da not rt~trict the orrlrrwry use of the 206 ~ property arra'Sellermaynot be aware ofthem. Be, fore entering brio an agreement ofsalg Buyers ccm irtvestagate the exist~eiofecaements and snnilar 207 rerhictions by orrlerbrg an Abstmet of'Tltle orsea;'dzing the official records in the t~tarty Ojficec o~'the Reaorr~• ofDeeds. zoo , 2os 2) Do you access the property from a private .road or lane? Yes No 210 209 If yes, do you have a recorded right of way or maintenance agreement? Yes No z1o zn 3) Are you -aware of any shared or common areas (e.g., driveways, bridges, docks, walls, etc.) or'maintenance agreements? ztt z1z Yes ,~ No 212 ~3 Ezplain any "yes" answers in this section: 2t4 213 215 17, AA7eAnOUSSUBSTANCESANDENVIRQNMENTAI,ISSUES ~ z14 276 215 ; (a) Are you-aware of any underground tanks (other than home heating fire! or septic tanks disclosed above)? - Yes ~io 2ts 2u (b) Are~you awaze of any past or present hazardous substances resent o the. ro 27a P ~ p party (structure or soil) 5uc~ as; but not limited to, 2t7 asbestos or polychlorinated biphenyls (PCBs), etc.? Yes No zta z1s (c) Ana you aware of any tests for mold, fungi, or indoor air quality in the property? Yes ~o' z1s ~ (d) Other than general household craning, have you taken any efforts to control or remediate mold or mold-like substances in the ~ 2z1 property? Yes o ~ Note to Buyer: Individuals may be 22t ~ affected ttly, ornot at alrr by mold a~iarl. Ifmold aattarrbration or indoor pis quQltty is a concern, 2zz z2a ~S are ~ t ° ~~ ~ services of a quali~Frnfessiaertcd to aTo testing. Lhon on this issue is a-railal~lef from the Unites Stater ~3 ~ Envirornnerrldl ProteetianAgencyandmcry be obr~d by ao»tartirglAQB.VFCO P.O. Box 37133, Washingtorty D C 20G-13-71!33,1-800-4381!318. z~4 ' (e) Are you aware of any dumping on the properly? yes vNo ~ (f) Have you received written notice re ' g the presence of an enviromnental hazard or biohazard on• your property or any adja- ~ ~ cent property? Yes No 228 227 (g) Are you aware of any tests for radon gas that have been performed in any buildings on the property? Yes N 22e ~ If "yes," Iist date, type, and results of all tests below: ""- ~ DATE TYPE OF TEST RESULTS (picocuries/liter or working levels) NAME dF TESTING SERVICE 230 231 232 231 ~ (h) Are you aware of any radon removal system on the properly? Yes _ No 232 233 ~ If "yes," list date installed and type of system, aad whether it is in working order below: ~ 235 DATE INSTALLED TYPE OF SYSTEM PROVIDER 236 VVURICIt{IG ORDER? 235 xs7 Yas No ~ 236 i If roe ~ _ Yas No z37 O p p sty was constructe or if construction began, before 1978, you must disclose any knowledge of 1¢ad-based paint on the z3e ~ property. Are you aware of any Lead-based paint or lead-based paint hazards on the property? Yes ~/f1o 23e zoo If "yes," explain how you know of it, where it is, and the condition of those lead-based paint. surfaces: 2aa 241 242 241 ~/~ ~ ~ ~ 242 2a3 Boyer Initials: Date SPD Page 4 of 5 Seller Initials:c~~t w _ I)fate ~~ 243 .. ~ 2aa (j) If property was constructed, or if construction be an before 1978 g ,you must disclose any reports or records of lead-based paint z44 zas or lead-based paint hazards on the property. Are y-ou~ware of any reports or records regarding lead-based paint or lead-based zas gas paint hazards on the property? Yes y No za7 If "yes," list all available re orts and records: zoo p 247 zas (k) Are you aware of testing on the property for any other hazardous substances or environmental concerns ? _ Yes _ No zas gas (() Are you aware o~any other hazardous substances or environmental concerns that might impact upon .the property? zas zso Yes No zs0 zss Explain any "yes" answers in this section: 2ss zsx - zs3 18. CONDOMINIUMS AND OTHER HOMEOWNER ASSOCIATIONS (Complete only if applicable) zs3 zsa Type: Condominium _ Cooperative -Homeowner Association or Planned Community zsa zss Other. 2s5 zss No1ue regardir:g Condo»rbiirarrs, Coopanfi~es, and planned Cow A buyer of a resale emit in a condominicrrM r~operative, or planned 2ss zs7 comm7mity must receive a copyofthe declaration (other than theplats andplarrs), the bylaws, the tides orregulations, and d ce~lifrcate ofrrsale issued zss , zse by the association in the cortdominiion, coope~rrtive, orplarmed B Beres nsible or ital contrz corromatityt uyersmay po f cc~ bugiohr,itutiationfeerorsim- zse zss filar orre-time fees in addition to regular monthly mainterrarrae fees The buyer will ham the option of canceling the agreetn~ni with the return of all. zs9 zs0 deposit monies until the certificate has been provided to the buyer andfor. fnae slays therea,~ or until corn+eyance, whichever occurs, first. zso 2st 19. MISCELLANEOUS zss ~ (a) Are you aware of any .historic preservation restriction or ordinance or azcheological designation associated with the property? 2sz 2s3 Yes No zs3 ~ (b) Are you aware of any existing or threatened legal action affecting the property? _ Yes No 2ss ~ (c) Are you aware of any violations of federal, state, or local laws or regulations relating to this properly? _~_,_ Yes _ No zss -zss (d) Are you aware of any public improvement, condominium or homeowner association assessments against the property that remain zss 2s7 unpaid or of any violations of zoning, housing, building, safety or fire ordinances that remain unconecte~t?, Yes No 2s7 ~ (e) Are you aware of any judgment, encumbrance, lien (for example, co-maker or equity loan), overdue paytpent on a support obli- zse 2ss gation, or other debt against this property that cannot be satisfied by the proceeds of this sale? Yes No zss z7o (f) 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 z7o zr property? Yes No z7~ 272 (g) Are you aware of any insurance claims filed relating to the property? Yes No 272 273 (h) Are you aware of any material defects to the property, dwelling, or fixtures which are not disclosed elsev~rhere on this form? z7a z7a y~ No rra 275 A material defect is a problem with a residential real roe or an p p rty y portion of it that would have a significant adverse impact zss z7e on the value of the properly or that involves an unreasonable risk to people on the property. The fact that ~ strucuual element, zrs zn system or subsystem is at or beyond the end of the normal useful life of such a structural element, system or subsystem is not by ~ ~ itself a material defect. z79 Explain any "yes" answers in this section: z79 280 280 zei The undersigned Seller represents that the information set forth in this disclosure statement is accurate ands complete to the best 2e~ 2s2 of Seller's Imowledge. Seller hereby authorizes the Listing Broker to provide this Information to prospectivk buyers of the prop- zee 2es erty and to other real estate licensees. SELLER ALONE IS RESPONSIBLE FOR THE ACCURACY OF TA~ INFORMATION zs3 zsa CONT TgI EMENT. Seller shall cause Buyer to be notified in writing of any information supplied on this form zsa 2es whic es rende a 'n ccurate y a change fn the condition of me property followiag completion of this form. gas zee SELLER DATE zas za' WI SELLER IlA'I'l~ j 2s7 zse WITNESS SELLER DATE Zee zas EXECUTOR, ADMIII'ISTRATOR, TRUSTEE SIGNATURE BLOCK 2es zso According to the provisions of the Real Estate Seller Disclosure Law, the undersigned executor administrator or tm~stee is not required 2s0 2st to fill out a Seller's Property Disclosure Statement. The executor, administrator or trustee, must, however, disclose, any known mate- 2ss 292 rial defect(s) of the property. -- _ _ 292 293 DATE 293 ~ RECEIPT AND ACKNOWLEDGEMENT BY BUYER zs4 ~ The undersigned Buyer acknowledges receipt of this Disclosure Statement. Buyer aclozowledges that this Statement is not a zss 2ss warranty and that, unless stated otherwise in the sales contract, Buyer is purchasing this property in its p event condition. It 2ss zs7 is Buyer's responsibility to satisfy himself or herself as to the condition of the property. Buyer may regpe~t that the property z97 29e be inspected, at Buyer's ezpense and by qualified professionals, to determine the condition of the structure' of its components. zse 299 WITNESS .BUYER DATEI 299 3~ WITNESS BUYI~ R 300 DA'~'EI 301 WITNESS BUYER DATE' 30~ SPD Page 5 of 5 ~~., . _ - - - - i_ • i~ CERTIFICATE OF SERVICE AND NOW, this --day of July, 2010, I, Shannon Freeman of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing PETITION FOR EMERGENCY APPOINTMENT OF GUARDIAN upon the following via U.S. Postal Service, First Class Mail: Viola Rose Whitley 235 Aberdeen Road Ruffin, NC 27326 Viola Rose Whitley 27 Maple Drive Mechanicsburg, PA 17050 Bradley Griffie, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 Attorney for Larry Whitley Roger Whitley 745 Stone Jug Road Lewisberry, PA. 17339 Mieliael Whitley 1583 Brechbill Road Chambersburg, PA. 17201 Randy Wlitley 2338 South Market Street Mechanicsburg, PA 17055 on Fre ;:;rte __ L~_