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HomeMy WebLinkAbout10-12-10IN RE: : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SYBIL ARMS, :ORPHANS' COURT DNISION An alleged incapacitated person NO. 21-10-0226 *~~ r~ can - -,- ~T~ _ - t ~~ PETITION TO SELL REAL ESTATE `_,~' r- - ~"` ~- ~1 -- AND NOW COMES THE PETITIONER, the Cumberland County Agin~Bt ? ~=~ " -.._f :.~ -. ._. Community Services, in and for Cumberland County Pennsylvania b its solicita -"' -' ° ~; _ ~ -- , y ~ ~ _ ;,.~ , c~. Anthony L. DeLuca, Esquire who represents and avers as follows: The Petitioner is the Cumberland County Aging & Community Services, in and for Cumberland County, Pennsylvania, with its office located at 1100 Claremont Road, Carlisle, Cumberland County, Pennsylvania. 2. Sybil Arms currently resides at Golden Living Center West Shore located at 770 Poplar Church Road, Camp Hill, Cumberland County, Pennsylvania. 3. On March 5, 2010, a Petition for the Appointment of Permanent Plenary Guardians of the Person and Estate of Sybil Arms was filed in the Orphan's Court Division of the Court of Common Pleas, in and for Cumberland County, Pennsylvania to No.21-10-0226 and on Apri16, 2010, after hearing Sybil Arms was adjudicated to be an incapacitated person and Cumberland County Aging & Community Services was appointed Permanent Plenary Guardians of the Person and Estate of Sybil Arms. A copy of the Final Decree dated Apri16, 2010 is attached hereto, marked as Exhibit "A", and incorporated herein by reference. 4. Prior to moving to Golden Living Center West Shore in December, 2009, Sybil Arms resided at 1416 Market Street, Camp Hill, Cumberland County, Pennsylvania. 5. Public records reflect that Aline Arms and Sibyl E. Arms are the owners of the real estate situated at 1416 Market Street, Camp Hill, Cumberland County, Pennsylvania, as joint tenants with the right of survivorship. A copy of the Deed for said property is attached hereto, marked as Exhibit "B", and incorporated herein by reference. 6. Petitioner believes and, therefore avers, that Sibyl E. Arms and Sybil Arms are one and the same person. 7. Aline Arms died on March 20, 1989 and, by operation of law, title to said premises vested solely in Sibyl E. Arms, also known as Sybil Arms. 8. The real estate presently sits empty of all personal property and is in deplorable condition which will only continue to worsen. 9. The Cumberland County Tax Assessment on 1416 Market Street, Camp Hill, identified as Parcel No. 01-21-0269-268, prior to reassessment was $58,230.00, and is now reassessed at $125,200.00. A copy of the assessment is attached hereto, marked as Exhibit "C", and incorporated herein by reference. 10. On December 2, 2009, the Borough of Camp Hill condemned the property situated at 1416 Market Street, Camp Hill, Pennsylvania and the house was posted with a notice that it was uninhabitable. A copy of the property condemnation is attached hereto, marked as Exhibit "D", and incorporated herein by reference. 11. An appraisal of said property was conducted on May 20, 2010 by Diversified Appraisal Services of 36 East High Street, Carlisle, Cumberland County, Pennsylvania and the fair market value was determined to be $42,000.00. A copy of the appraisal is attached hereto, marked as Exhibit "E', and incorporated herein by reference. 12. Said real estate is in need of extensive repairs in order to make it habitable. 13. The Petitioner believes and, therefore, avers that there are presently no mortgages or judgments recorded. 14. Cumberland County Aging & Community Services, the appointed Permanent Plenary Guardian of the Person and Estate of Sybil Arms believes and, therefore, avers that the sale of said real estate is in the best interest of the Estate of Sybil Arms and the proceeds from said sale will be needed to pay for her continuing care at Golden Living Center West Shore. 15. The Petitioner has engaged in discussions to sell said property to Atlantic Central Bankers Bank of 1400 Market Street, Camp Hill, Pennsylvania and has executed an Agreement of Sale dated September 2, 2010 wherein Atlantic Central Bankers Bank would purchase the property "AS IS -WHERE IS" with all faults and current conditions for the sum of $47,500.00 contingent upon a final non appealable court approval authorizing the sale and distribution of proceeds from the sale to Petitioner. A copy of the Agreement for the Sale of Real Estate is attached hereto, marked as Exhibit "F", and incorporated herein by reference. WHEREFORE, the Petitioner respectfully requests that this Honorable Court enter an Order directing the sale of 1416 East Market Street, Camp Hill, Cumberland County, Pennsylvania (Parcel No.:01-21-0269-268) owned by Sibyl E. Arms, also know as Sybil Arms, "AS IS -WHERE IS" with all faults and current conditions to Atlantic Central Bankers Bank for the sum of $47,500.00 and that Petitioner be authorized to execute any and all documents relating to the sale by signing as Guardian of the Person and Estate of Sibyl E. Arms, also known as Sybil Arms. Respectfully Submitted, Anthon L. D uca Es uire Y q 113 Front Street P.O. Box 358 Boiling Springs, Pennsylvania 17007 (717) 258-6844 ID No. 18067 VERIFICATION I hereby verify that the facts and information set forth in the foregoing Petition are true and correct to the best of my knowledge, information, and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: C3~}~~a~v- (s ~ dOtC) ~~,,~;,.Qs~ Janet Paull 1N RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. SYBII, ARMS, :ORPHANS' COURT DIVISION An alleged incapacitated person N0.21-10-0226 ;..., ~~~ ~~ c~ ~ FINAL DECREE + ~ ~~ -~ E ~_- ~,: AND NOW, this day of y ;, ,~~, 2010, this matter having bee"~a17ed fo~~ =-~ rU a hearing, the Court finds, upon clear and convincing evidence, that Sybil Aries is an ~~' incapacitated person in that she suffers from a mental impairment that prevents her from receiving and evaluating information effectively and prevents her from formulating and communicating decisions to such a significant extent that she is unable to manage her financial affairs or meet essential requirements for her physical health and safety on a daily basis. The Court appoints Cumberland County Aging and Community Services, in and for Cumberland County, Pennsylvania, as Permanent Plenary Guardians of the Person and Estate of Sybil Arms. Cumberland County Aging & Community Services is also authorized to obtain payment for its services pursuant to the Fee Schedule attached to its Petition; and Cumberland County Aging & Community Services is further authorized to obtain payment of a Guardian fee subject to a maximum of 10% of Sybil Arms's gross monthly income or $100.00 per month, whichever is less, pursuant to Medical Assistance A TRUE COP whereof ~ h®~no In Testimony set my hand and the seal EXHIBIT "A" of said Court at Carlisle, PA ~"t~d4y o ~,. ~ 0 r~~ `. 'his ~ , ~ ~`~ ~ ~~~~ . ,, , .,, `--4ry , y a» OrPf-xns Court ~~ Currtitarldnd Cour~tY Sep-U9-201D 11.18~m From- ., p~ F a .~ r ~~~ i~ -~o~ oEro ... -r._~„_~~^ ~•r ~STEAEP C~ TnE ~ ;R;,;1CH OF C:"3F NIL ~) . • •~-~~ •U~d~ rl,. ~ 2 ~ ' iJny nI Fobruary •~ ~N~trrv,• brri,drrtd gjrr) eigl,tY five f19B51 ~C~C~t CLRIA JAMES REltyy, of Lower Allen ToevnShip, Cuaibaxland a County, petcr,sylvania, gp~gyTpR ~- e7 ~" ~ . ,~ ~ ~ ^~ - ANb - .. ~ ;; •. ~ 8oronshRo and Sx,6Xt >r, 7-Atib, of the ;,~ ~ -: ~P Dili. Cumborland c_ ,m County, XantisylvaniA. as ja,inL tenapfip w ~ -_ " 413~'1A'EE3 e~ el3iYl.YOtehlAr is :. m . iii tfir /n•nr 0 § 6 Q E~e r; o~~ ~i ~e ~' ~L. +I ~.• I, ~., ~' ~i ~:ip~i r ~ \ `\~ T. ~I "'y ' 1 t ~~ TJ~rrr i9 roruirle+vrCian. al Thirty Pour TJlousar~d Four bundled FiYt~, (534,x50) Ar r/lars, Jrc luired patrl, flip t'C~a~~l arAq~nr,~ JR Rere7,y~ acx,r+r.rr,Jul~reJ, f ire a({irl ;runtr,r •/q ea $n'~bl/ sr*xr,r or, r1 rruryCv to fHPirrid srAetnd , t11R~r hNily un~r r+,.,ai~he, ALL that certain pioce or DarceZ og land si.aato in ttia Borough of Camp Ri21, Cymborlassdl County, Pennsylvania, boundec9 and'deecribed fo accordance With a eurvay end plan thereo! mmde by p, p, Ra~Een~P~Qer R,S., Hated Aov~~r yp~ 1958, as follow. bSrtTlNjpQ at a point on tl7e north siQO oz•M~keT SCxaet at the distance of 129.75 feet sass oP the northeast corner of Markmt and North 15th Ssreeto; shame aMe~odi,ng along Prae+i8es cio. 2b18 !~larkot Street and palling through tLe center o~ a partiflio?1 wall, Rorth I7 20gfooc vi~9ela11eya~thence0alongethe same~t on tht 'Oyu side of a mu+ti~oes Eastr 20, 44 feet to as imn in et ~rth 72 de9ree• 30 late of R. C. Martin: tnenco along the same gauller of land saw or R~inutsa E9st, 20D feet to aA iron pips oA the no kAlaidogo~~~ati Street aforesaid: thence along tha same, South 72 d¢groes 30 mi.putaB Pest, 20.02 Bost co Lisa point Qnd place of a~GyNtaING. BAVZNG tberaon erectod a 'Crvo atosy Lrick e9welll„ng hovs• known and 4~bored as 1416 lyarkot 9t'soetr Ca1l~ 8111, PEtznsyly,nnia~ ~~ AND SC9.T~CT to rights a~ es0ement. of prioF rocord. PQnn , ~ NYP; kei,~hi,g Ve ~AeOArv dQh Jalnee C. Petu~ypseker sad Virginia need ,boe,k A r Y ed'datad duly 15, A96e, reQOrd.b i~ 9'raoeed sad ooaveled2un 'page 519, c~~xland County reeords, Y tv Cla1z Jdgiee ~1o311yr tre• Grantor hereS.a,. EXHIBIT "B"• . . ~~cr __ T-234. P.0031008 F-3~6 Diu ~~ niren «ay ~n~ Sa, ~1~W M hiC ao„~~~~ vat 862 Sap-09-2010 i1:19am From- T-234 P.004f0~A F-316 ~]K~ /hr. ael+l QI+,IJInr rfr, @4 1yRrtb~ CEN£liAi.L3( 1oJAtrapt rRe prwpcrLq AArCb~r coni'CJc(2, ~n ~ii~3~CJ4~ ~~lf'!'1CCB~ +a!(! ~rpTlllfr Jl+,g Jr~rrl.xlo ar/ Sj,s J~orrd Onrl •ry,j Ilrn r/q~ rrq(( rlpyr f~JaE grrphF 7uNifEl2. ,~'igneb, ~"~aled, n„t1 ~~liuerra ; ~n the ~rreenre o~ 1 • f~ rrra2r James ~,1Zy ~jj ~~,~,,,_ i L.CIAf ~ ~~ ~ .wnnRh r1 • ..:.•:il.:[t'!:rl.,+ SCE ---- ~.. I * Rr,.~ E~NM frwwJ.r Tr i o..>, Co Drrr. t;.t, wm. ~ ~,. __^ , ~eUtJnaug•rpJFjt VF ~]lhtta~flVriAlA • si. tGou,+~p of CUM85'RLArIb U+r fAiw, r,,r /,Z ~dnl! •+/' PabJCVpry IJ B$ p~(urr, ma , d nOta r ~, zY ptthlic, N,r nrrdrr.lOn•n/ ufflrv'r, (r/rxynrrlry A/yrrtrrnl CLAlIB .77tM&S XETZLY, A•,a..nW Ir,...r•(r.Mn!(.f.r~Yarir~l.rpr•w~Rrbr'Lbvlr~gnq wlrryn,JlfRln ~a •pIr/Qrrt1,Y/[6tAnrEathki In=lrnn,rlc,, pnd /r~'Mn..Arr/~Nrj rl,~u G,• r~rnferrr/ fhr nergf~ ur !!.n Yi nn [ r-Y u^IT,vr;,ti,~,tryrkr(F'(,M, ! hnw~ , ~ ! ~ pe aer~.~. ~ee~Ae(tl 1 +rnnfp •r(. y l,a,V! nhrr n ar mgk4l If ~...'.•. 1?lE ~MccAUSl1W, NDTA~Y ~ , . ~ ~+y Mr Cpnah Wn JA/Otn tuff ~~ t~ e`I •J ~ , `~° ~.. ~DJtItltPn~Jrn)}J, nF ~ •:' L~ ~ •~'~ ~r~+ne~+lvstrJi~t ~ W' _ r., r ..~f` , w4 _ i ~uuttld »F ., On fhG, rA• rlrry r•/ !7 ru•/,rn rlre N,•. rr,l.Irrr: rtnrr( .y/fr•.r, /•rr-nr,rNlly vppwr.J I 1•..vmnhrxr.~(rrrneri+/'rr~fvlilp/v,rr•r,r)Inlr,•Ihrf,rrAer n~hrr+•nr.,hr 'Y+r •gnrrnr. verl Mr•IdAnYrlr•rrdre! Ilr.,l Ar prrrRird Nrr brAr for Uu InrrlAS LAaie n,`r.,pl,~( ~C/yln ~ !.t- uyr.~•e~xx I- ~lr,•(!-_•nr, /Any. hrenenfv nrl ay hvn,! na.l „Q/, ~exab~ ~d•JC~'if~l (Jtur f.he ~recine rrrrrlreat of rlrr;trel.LCC~ herei7t jR ].416 Masket St „ Came Si11, kA a:_'~G3~.:xGE A63 • I ;3!2010 09:41 71?2406115 CJMB CO AGING Ct59 SVC PAGE 02:'02 ink r .F~ ~ c 0 ~ r' C n .~! ~' ~ ~ a ~~c~ ~ ;, N .~ C ~., ao ~y~ 0 ~aN G 0 s v r= L N ~ 0 ~ N Q%.. ~O Y W .,., O ~ (n Rl ~ ~ a ~ / ~ r+ R ~ v M N 0! r. ~' O ~I ~ ~ N T !/ t~ l~ ~; EXHIBIT "C" 4/~///~~~ ~..Ro Borough of Camp Hill ~, 1µ~0AlORA/tG ~F~T U~ NQV. 10TI1 ~.T. • .less. ~a`~. r av ~gFR[ANq ~~• Property Condemnation 14161V.~arket Street Borough of Camp Hill Tuesday, December 1, 2049 2145 Walnut Street Camp Hill, PA 17011 Phone (717) 737-3456 Fax (717) 730-3961 The residence was a hazard to the owner's health due to the garbage and animal feces throughout the entire house. The Borough Manager and Assistant Manager did a walk- through ofthe property with a representative from the Office of Aging. The home was full of paper, garbage, and animal feces throughout the first floor. Tn addition, the walls in the home have paint peeling from the ceiling to the floor and several rooms have boles and significant cracks in the ceiling. ' There was a large hole in the ceiling at the bottom. of the stairs. and there was food, empty and dirty containers as well as trash covering the first floor in the living room, dining zoom and kitchen. The second floor conditions were the same. All three (3) rooms upstaixs were completely covexed with debris, clothing and trash. The hallway was filled with clothes aid .miscellaneous items such as pictures, trinkets, etc. Two of the rooms had dirt and building materials from a roof collapse in 2006. The bathroom was relatively clutter-free and the water works. There were two (2) cats runiung flee. The Humane Society did find a cat in the freezer. A representative of the Borough took pictures of the entire property to doewnent the findings and the reasons for the condemnation. The house was posted with a notice it was uniaihabitable. Property was condemned Wednesday, December 2, 2009. ERHIBIT "D" 10-05-`18 11;17 FFOCI-Cumberland Co A & CS 71796©5529 .~ r T-©30 P~002'Gl~G5 F-U36 APPRAiSAi. OF REAL PROPERTY LOCATED ar 1416 Market Straet Camp Hill, PA 1701 ~ Doed Book 31C Page 862 FOR Cumberland County Office of Ilse Aging OAINION OF YALIJE: 42,000 AS OF May 20, 2010 BY Susan 8, i3urkhokler Drvargifietl AppYaisal Services 35 E. Mrgn Street, sung 101 Carlisle, PA ~ 7013 (777)249-2758 suo.burkholder~igmaif. com EXHIBIT "E" Form GA1V -'TOTAL for Windows' appraisal solnvare Dy 8 la made, Inc. -~ 1.800-ALAMODE lei-~5-`10 11:17 FF30M-Cumberland Co A & CS 7179605529 T-030 P0003i0005 F-U36 RESIDENTIAL APPRA;9.~`,A! Si ~nn~neQV p~tono•r _ _ ______ _ _ _ . __, ~. _, FdeNO.; 0807105 Address: 1a1e Market Street Ci :Cam bill Stela: PA Zi Code: 17011 Cumperland t al Oescd till: Oeed gook g1 C Pa a 862 Assessor's Parcel #: 01-21-ozs9-zss Tax Year. 2010 R.E Taxrs: E 1 860.81 Special Assessmertls: E n.a. Borrower d a licahla : n.a. Curr9ntOwrerot Record: Arms Aline & Sib Occu ant: Owner I Tenam Vacant Manulaclured Housin - T e: PUD Condomirdum Coo eraGve Other describe HOA: E [1 er ear er mantft h4rFetMea Nenre: Cam f1~g t}prou h Map Releronce: 01.21.0269-zr38 GBnsus Trad: 150 The al Wa raiser 15 b deveh an u inion Oi: Alarkel Vabe as deiirrad , ur other B bt VaIL6 d65C~ihe Trlts n ret)ecis the ttxbwm value d not Current sae conlrnenis : Clarenl ne Ins action Date Is Ina Elfecilve Date Retras active Pros active cries deveb to utis appraisal: Sales Com arison A roam Cost A roach I income A proach See Reconciliation Comments ana Sco a of Work Prv lTi s A iSCd: fee Sim k n L.easehdd I-1 Leased Fee Olhsr desctige M4wd~ Us®~ The intondad use is to establish valu®. INdefeO Users name or Cumbertarw Count Office of ttte A in CienD Cumberland Coun Offiem of the in Address: 1100 Claremont Road Carlisle PA 17015 A'= Susan 6. gurkfloWer Address: 35 E. H; n Sireat, Ste 101 Caniste PA tY0i3 Location: Urban StlDUtDSn Rural BIIQ uD; ®Over 75% ^ 2575% ^ Under 25% C Mh 1 id Predominant occupancy , Dne-Unit Housing PRICE AGf Present Land Uss One-Unit 7o sE Change in Land Use d Not likcy YV 17 9: ^ Rap ~ Stable ^ Slow P l i ®Owner E(000) (yrs) 2-4 Unit ~ ^ tikely ' ^ In Process roperbv7 ues: ^ klcreasbig ( Siablo ^ D9Clining ^ Tenant 50 Low 3p Multi-UNI 96 • To: Dan9ndlstppy; ^ Stgrtago ®b balance ©0ver 5uppty M ~ Vaurd (Q-5`X) - b00 Hi h 250 Comm'I 30 % YarlaXi tin19: (l Under 5 Mos. 6a 9-6 Mos, (1 over 6 Mos. I l Vacarn >59D 200 Pred 7D ~, Marled Area Raxaiafies, Drseriplion, and Marled CondlGons Qneluding support for 11x1 abov6 cnaractefistics and trends): The 3ubie~t neiohDorhood is nordered by SZnd Street Roula 15 tirxl Lemovne Borouoh __ __ Established residential area w~ttl etbple oyynf;rsNp patterns within reasonable commuting dirtance to -choola places of vror hip shoppinn ynd lranspoRation, Dirtiensl9ns: Irre ular Sits Area: .09 acrd ~9 GbssificaDarr. Office Apartmtnt DesCripllon: Exi&tinq uae is permitted Ton ComDGance: m Legal ^ LeOai noncoritarmin0 grandtatherad III al rl No zoning An CCtYRs a scab@? Yes Lf No Qq Unknown Have the documems been revievred? Yss No Grour>s1 Renl dap ticable E ! Hiplirst & Best Use as improved: U Present use, or Other use (expbin) Rehab _„_ AcWal Us9 as of Ettetlh9 Date: Sirusb famiN dvvellinn Use as appraised In this fepOfh Sin la Tamil dwellin Surrx~ryat Kigtiasl & Bast User. Continued use 9~single famiN dwehino lhiGlbx WDEe Olh9r Provida/DascripGon oil~skc improvements Typs PubGC Pdvete Topography u ar sloe ~~ub ® ^ Sirast Macadam ~ ^ Slie T ical for the area ~ ~ ^ Curb/Gutier None ^ ^ Shape Irre ular W7kr ~ ^ Sidewa9c None __ _____ ^ Q Drainage A raars2itle uate ' Sarvlary S9wer ~ ^ 5lreet ligNS None ^ ^ View Avera e 51011nSeNRt AI None ^ Ihllx rile ~emaNS: Inside Lot fl Cornet La f-l Cul de Sac [7 Under pond Utilities ^ DNi;r describe FEAiA a1 Flood Hazard Area Yes No FEMA FIOOd Zone X fEMA Ma ~ 42041 C0281 E FEMA Map Dats 3-1 fi-09 _-_. Sge CddYpenls: The home Ig located rn Csmn Hftl Borouoh. This home has public water and sewer on site . ~ ' Gerseralaescdptlon * of ~+ 1 ^ ACC.UnI FYtararoesodptbn Fourdatien Conc block Faundat(on SIeD None Sasamorn None Area Sq ft 580 Hwling T e H C9t5tariss 2 ExlerforWalLs Brkk Crawl Space None . , %ffnshed 0 yp or wtr Fuel pit Type ®Dol. ^ Atl Root Surlece Rubber 8asemenl 100 Ceiling Unfinished DaslVr (SIYb) Townhouse Ealstirn Proposed ^ Und.COrL, AClrsl Ape D'ts-) 6o are Cutlers 8 Dwnspls. Aivm W1rWDW Type DbMhu StomyScreens None Sump PsrmD U Dafnpn9ss ^ SeiUement None Walla unBntattad Fbor Concrete Outside Entry No tooting ^~~• Csnlral Other w ~~ ~- 5o ears lntestation None '~` YdorbrposeriPGm FUOrs Ca et Wa1s }Master IrimiFirtish Wood AppGantos Retrigerata ^ RaIg9rOr9n ^ Disposal ^ Attic None Stairs ^ Drop Stair ^ ScutDe Q Ameni0e5 Rrep}ac9(s) # Woodslove(s) r>E Patio Covered Dedt cer5forage ^ None Garagii # of cars ( Tot.) Attach. _ Delacn, rd Bath Floor Ca of Dishwaahor ^ Doorway ^ Portn covered Btt; in ~ k BalhWarnscot Plaster F7ryHeod ^ Fbar ^ Fence _ Carport Q Dogs Wood Mbrowav9 ^ Healed ^ Pool Driveway ~ ~ ~ , Washer/D er rl 8ry'Sti9d ere? above grade COmBinT; 6 Raoms ' Addi6aavlnatures: Frv_nl and rear DPrSh• _ _ Fnished n 3 8s drooms 1 BaUt s 1 1f30 S uare FC¢t o SurtaCe f Gross Livin Area ADave Grade U ~i C 7; DeSCr>be 1heCarldi80n of tilt: proD9rty (Including Dhy51C81, (anCGOnaI end ecl9mel ob5olg5Cence}: The interior and exterior or the home are consklered to ue in Door condition. The eeitings are damaged from water leaks from the root and the bafhroom Most fbor coverings ware removed or st5in ~ tl. The plaster walls have cracks and perehnn paint No Utdilte° were on al the hme 01 lha inepeetion ~ ~~JIVI±~ ~ 1!'f,4. ,`.••...-'-••_._....~...,.,.-..,q,..,,,.,,.,....~,....wrnnrvwsuwn„w,m,ucuycnuwau,,.,gn~rc,.ii~mVVa.wc.muf•oeicrM~'rRUgeG~,quedle0, form GPRES2 -'FOTA4 for Windpws• appraisal software by a fa mode, ins. -1-600-ALAMODE 3/2007 AGREEMENT FOR THE SALE OF REAL ESTATE THIS AGREEMENT FOR THE SALE OF REAL ESTATE is made this ~~~ day of September, 2010, between Sibyl E. Arms by and through her guardian, the Cumberland County Aging and Community Service, 1416 Market Street, Camp Hill, PA 1701 1 (hereinafter the "Seller"). -AND- Atlantic Central Bankers Bank, with a mailing address of 1400 Market Street, Camp Hill, PA 17001-1109, and or their assigns (hereinafter the "Buyer"). FOR AND IN CONSIDERATION of their mutual promises and agreements, and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows: I . AGREEMENT TO SELL: Seller and Buyer, intending to be legally bound hereby, covenant and agree as follows: Seller shall, on the date hereinafter specified, by Deed of special warranty, grant, transfer and convey unto Buyer, in fee simple, free and clear of all liens and encumbrances, except as hereinafter set forth, good and marketable title and such as wi Il be insurable by any responsible title insurance company doing business in Pennsylvania, at regular rates, to the property located at 1416 Market Street, Camp Hill, PA 17011. 2. CONSIDERATION: Buyer will purchase said property and pay therefore the sum of $47,500.00 payable as follows: A. Earnest money deposit in the amount of $4,750.00 to be paid at the time of the execution of this Agreement and to be held by Anthony J. Foschi, in escrow, and paid out pursuant to the terms of this Agreement. B. At settlement, the balance of $42,750.00 in cash, attorney's check or certified funds, upon delivery of Deed. 3. CONTINGENCY: A. Seller being able to transfer the property and satisfy all liens on the same for the net proceeds from this transaction without additional contributions from Seller. B. Final Non Appealable Court approval authorizing the sale and distribution of proceeds from the sale to Cumberland County Aging and Community Service. 4. PRORATION ITEMS: Real Estate taxes, water, sewer, trash, association dues and other municipal utilities and rents shall be prorated as of the date of settlement. All realty transfer taxes shall be divided equally between Seller and Buyer. 5. POSSESSION: Possession of said property shall be delivered to Buyer on the date of settlement. In the event that possession of said described property is delivered to Buyer prior to delivery of Deed, the party in possession defaults in his performance hereunder, then and in such event the defaulting party in possession does hereby authorize and empower any attorney of the Court of Common Pleas of the county in which said property is located to appear for him and confess judgment in an amicable action in ejectment against him and all persons claiming under him; and such defaulting party does hereby further agree that a Writ of Possession may forthwith issue and be duly executed so that on said judgment and execution, the party in possession maybe ousted from such possession and the same delivered to the other party, hereby releasing all errors and waiving all appeals, exemptions and stays of execution or other process on such judgment and for the confession and entry of such judgment this Agreement or a copy hereof, duly certified by affidavit, shall be sufficient warrant. 6. SETTLEMENT: Settlement shall take place no later than 60 days from the date of the execution of this Agreement, but within 20 days from the satisfaction of all contingencies in Paragraph 3 herein, at 3425 Simpson Ferry Road, Camp Hill, Pa 17011. EXHIBIT "F" structures thereon; (d) or other minerals as shown by instruments of record; and (e) easements apparent upon inspection of said property. 16. STATUS OF WATER AND SEWER: Seller warrants that this property is serviced by: XX public water, XX public sewer, private water, private sewer. If either of the aforesaid systems are private, Seller warrants that it has not received notice from the municipality or municipal officials that public water or sewer will be assessed or installed. 17. INSPECTIONS: Seller hereby agrees to permit inspections by authorized appraisers, reputable certifiers and/or Buyer as may be required by the lending institution or insuring agencies. 1 S. WAIVER OF TENDER; NOTICES: Formal tender of Deed and of Purchase price are hereby waived. Any notices between the parties hereto shall be in writing and may be served in the manner provided by law for the service of process of equity or may be mailed by certified or registered mail to either party at the respective address above set forth. If mailed, such notice shall be deemed effectively given as of the second business day after the date of posting. 19. ENTIRE CONTRACT: This Agreement constitutes the entire contract between the parties hereto and there are no other understandings, oral or written, relating to the subject matter hereof. This Agreement may not be changed, modified or amended, in whole or in part, except in writing, signed by all parties. Wherever used in this Agreement, the singular shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. Marginal notes are inserted for convenience only and shall not form part of the text of this Agreement. 20. COVENANT NOT TO RECORD: Buyer will not record this Agreement. Any recording of this Agreement shall constitute a default hereunder on the part of the Buyer and shall automatically render this Agreement null and void. 21. BINDING EFFECT: This Agreement and all of its terms and conditions shall extend and be binding upon the parties hereto and upon their respective heirs, executors, administrators, successors and assigns. BUYER(S): Atlantic Central Bankers Bank 5~ ~- ~e~ WITNESS: SELLER(S): ~F ~~I~c~ Cumberland County Aging and Community Service, Guardian for Sibyl E. Arms WITNESS: