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12-30-10 (2)
1505610143 REV-1500 Ex (°'-'°' OFFICIAL USE ONLY PA Department of Revenue pennsylvania County Code Year File Number Bureau of Individual Taxes DEVARTMENrOFREVENUE PO 60X.280601 INHERITANCE TAX RETURN 21 10 0 8 9 9 Harrisburg, PA 17128-0601 RESIDENT DECEDENT ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death Date of Birth 202 16 6459 08 18 2010 12 07 1925 Decedent's Last Name Suffix Decedent's First Name MI SHOWALTER ALTHEA R (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MI Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW 1. Original Return ~ 2. Supplemental Return ~ 3. Remainder Return (date of death prior to 12-13-82) 4. Limited Estate ~ 4a. Future Interest Compromise ~ 5. Federal Estate Tax Return Required (date of death after 12-12-82) g Decedent Died Testate (Attach Copy of Will) ~ ~• (Attach Co a~of Trust a Living Trust PY ) ~ 8. Total Number of Safe Deposit Boxes 9. Litigation Proceeds Received ~ 10. Spousal PovertY Credit date of death between 12-31 zJ1 and -1-95) ~ 11 • Election to tax under Sec. 9113(A) (Attach Sch. O) CORRESPONDENT -THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: Name Daytime Telephone Number JAMES D BOGAR 717 737 8761 REGISTER O~ILLS USE tY .~~' ~ c~, First line of address ~ `~ ~ c-~ ~ <"'3 ONE WEST MAIN STREET ~ ~ . Second line of address Q~~ © ~ f , .-~~ '~•~ ~ ~ 2~- .:. D LED ~ +'~ t City or Post Office State ZIP Code ~ ~~ SHIREMANSTOWN PA ~"~~f Correspondent's a-mail address: jbogar@bogarlaw.com Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete. Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge. SIG ATURE OF PERSON SPONS LE FOR FILING URN DATE ,G~v Sandra G. Showalter ~/ ADDRESS 1129 Pine Road Carlisle PA 17015 SIGNA E F PREPARE THER THAN REPRESENTATIVE DATE James D. Bogar I L ~ ~4 ~ ~~ ADDRES One West Main Str et, Shiremanstown, PA Side 1 1505610143 1505610143 J J 1505610243 REV-1500 EX Decedent's Social Security Number Decedents Name: Showalter, Althea R. 2 02 16 645 9 RECAPITULATION 245,000.00 1. Real Estate (Schedule A) ....................................................................................... 1. 2. Stocks and Bonds (Schedule B) ............................................................................. 2. 3. Closely Held Corporation, Partnership orSole-Proprietorship (Schedule C)......... 3. 4. Mortgages & Notes Receivable (Schedule D) ........................................................ 4. 209,131.59 5• Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) ............... 5. 6. Jointly Owned Property (Schedule F) ^ Separate Billing Requested............ 6. 7. Inter-Vivos Transfers & Miscellaneous I~q Probate Property arate Billin Re Se uested 117 , 638.25 g ............ p q (Schedule G) ~J 7. g. Total Gross Assets (total Lines 1-7) ..................................................................... g. 5 71 , 7 6 9.8 4 35,254.18 9. Funeral Expenses & Administrative Costs (Schedule H) ....................................... 9. 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) .............................. 10. 11. Total Deductions (total Lines 9 ~ 10) ................................................................... 11 3 5 , 2 5 4.18 12. Net Value of Estate (Line 8 minus Line 11) .......................................................... 12, 5 3 6 , 515.6 6 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been made (Schedule J) ............................................... 13. 14. Net Value Subject to Tax (Line 12 minus Line 13) ............................................... 14, 53 6 , 515.6 6 TAX COMPUTATION -SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a)(1.2) X .00 15. 16. Amount of Line 14 taxable 5 3 6 515.6 6 16. at lineal rate X .045 , 17. Amount of Line 14 taxable at sibling rate X .12 0 . 0 0 17. 18. Amount of Line 14 taxable at collateral rate X .15 0 . 0 0 18. 19. Tax Due ................................................. ................................................................. 19. 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT. 0.00 24,143.20 0.00 0.00 24,143.20 Side 2 1505610243 1505610243 REV-1500 EX Page 3 Decedent's Complete Address: File Number 21-10-0899 DECEDENT'S NAME Showalter, Althea R. STREET ADDRESS 1129 Pine Road CITY Carlisle STATE PA ZIP 17015 Tax Payments and Credits: 1. Tax Due (Page 2, Line 19) 2. Credits/Payments A. Prior Payments B. Discount 3. Interest 22,871.25 1,203.75 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Check box on Page 2 Line 20 to request a refund 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. Total Credits (A + B) (2) (3) (4) (5) 24,143.20 24,075.00 68.20 Make Check Payable to: REGISTER OF WILLS, AGENT. PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred :............................................................................... ^ ^x b. retain the right to designate who shall use the property transferred or its income :.................................. ^ ^x c. retain a reversionary interest; or ............................................................................................................... ^ ^x d. receive the promise for life of either payments, benefits or care? ............................................................ ^ ^x 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? .................................................................................................................... ^ 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death?....... ^ ^x 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? .................................................................................................................. ^x ^ IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. For dates of death on or after July 1, 1994 and before Jan. 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving ~. spouse is 3 percent [72 P.S. §9116 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0 percent [72 P.S. §9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: • The tax rate imposed on the net value of transfers from a deceased child 21 years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is 0 percent [72 P.S. §9116 (a) (1.2)]. . The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5 percent, except as noted in 72 P.S. §9116 1.2) [72 P.S. §9116 (a) (1 )]. . The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12 percent [72 P.S. §9116 (a) (1.3)]. A sibling is defined under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. (1) Rev-1502 EX+ (11-08) SCHEDULE A REAL ESTATE COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Showalter, Althea R. 21-10-0899 All real property owned solely or as a tenant in common must be reported at fair market value. Fair market value is defined as the price at which property would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both having reasonable knowledge of the relevant facts. Real property which is jointly-owned with right of survivorship must be disclosed on schedule F. Attach a copy of the settlement sheet if the property has been sold Include a copy of the deed showing decedent's interest if owned as tenant in common. ITEM NUMBER 1 DESCRIPTION Real Estate -All those three (3) certain pieces or parcels of land situate in the Borough of Akron, Lancaster County, Pennsylvania, being known and numbered as 203 and 109 Fulton Street, Akron, Pennsylvania. The property was acquired by Henry J. Showalter and Althea R. Showaler, husband and wife, as follows: Tract No. 1 - by Deed dated March 1, 1957 and recorded March 4, 1957 in the Office of the Recorder of Deeds of Lancaster County in Deed Book "N", Vol. 45, Page 39; Tract No. 2 - by Deed dated March 17, 1955 and recorded March 25, 1955 in the Office of the Recorder of Deeds of Lancaster County in Deed Book "B", Vol. 44, Page 594; andTract No. 3 - by Deed dated July 29, 1954 and recorded July 29, 1954 in the office of the Recorder of Deed of Lancaster County in Deed Book "T", Viol. 43, Page 325; Copies of all three (3) Deeds are attached hereto and incorporated herein. The said Henry J. Showalter died June 18, 2003, whereupon full and complete title to the within described real estate became vested solely in Althea R. Showalter, the Decedent herein. The above- described real estate was sold pursuant to an Agreement of Sale for Real Estate dated November 5, 2010, a copy of which is attached hereto and incorporated herein. Final settlement took place on November 5, 2010. A copy of the Deed conveying said real estate, along with a copy of the Settlement Sheet, are attached hereto and incorporated herein. The sale price of the real estate was $245,000.00. VALUE AT DATE OF DEATH 245,000.00 TOTAL (Also enter on Line 1, Recapitulation) I 245,000.00 (If more space is needed, additional pages of the same size) Copyright (c) 2009 form software only The Lackner Group, Inc. Form PA-1500 Schedule A (Rev. 11-08) ~~~ 'aforesaid South Yalnat street, thenoe along said ouch line south forty-two dagreea east, twentyeipht feet to a point and by th• samr;--south eight degrees east, twenty-seven feet to the ~. ` ~ plane of Beginning. O'~N7'AI~IIN(i approximately vightJ-six hundred square feat of land, BEZHt3 the acne premia~a which David 8. Eberly and Sallie D. 8berly, his w1fe, by deed dated August 17, 19l~O, conveyed to B. R. Ho111nger and Sus 1i. Hollfngere hia xife, reoord- ed is the Aeoorder~a Offioai in and for the County o1'~ Lanoaater In Reoord 9ooY T, Voluaa 31y, ;: ~ pane 351. ~, r AHD the said Sue A. tilollinger died Feb ~27, 19it7, whereby title vwated ansolutely i ~ in R. R. Aallinger, in fee. AND the aaid~grantor dwa herebrwa 'ant specially the property hereby conveyed, i Ili VITltgSS ti~FiHREDF, said 6 cantor "a heree~to set hia hand and Beal the day and Dear first abovewritten. ~ ,~ ~ 1 SIYl1I8D, SFALtn AHD DSLIYI~iEd In the 1'rea nos oft R. R. Aollinger {SRAL) Oxmn .°.:rs:hoy John 0. Aeraheq ,~ COK9J'i'd°..ALTR :1F P'ZD7?iSYLYANI~~` 0° L.ANCA3'*HR S9s On this, the Lt day of ?[arch, 2957 before S me, a ]iotarr Public, the undera _ed officer, personally appeared R. R. 1Sollinger, widower, known to ae (or satlafxetork'ir proven) to be the personwhoae game ie subaoribsd to the within instttiwsat, and • cknow~ gad that h\ cuted the sale !or the purpose therein contained. TN VITlfIS3'V"8RB0! 2 have hereon t my hand and lfotarial seal. !ty commission sxpireslSarah 9, 1959 John 0. Hershey, I[otar;- Pub is {N. P. SEAL) Lltits, Lanesstarr Co., Pa. I li';R88X CgR'!'IFX, that the preeiae address of the grantee herein is Kanheim Toraahip 183 Delp Road, Lancaster, Uncaster County, Pa. J. auy Bahlemaa Registeevd ?fareh 1;., 1957 Borough of Litits, Lanes: ter County ~• Reaorded Karoh !t, 1957 ~""`" Recorder. w g ew we aw aew~r • saw +~• wwwwti ww aerw 27667 His?[RY S. 3HOf1ALT>Dt ) THIS DE>~ finds th• fir_ st day of lSareh, in the fear Kineteea haadred TO ) and lift?-sever {1957} Between RE'~'R1l S.li HOifALTER, ltidoxer, of tl» HBHRY !~. SHOiiALTBR LT 1tX, ~ borough of Akron, County of Lanceater and State of Pennsylvania, of the first part thereinafter nailed Grantor} and ftRtRY J. s°0'tAL'"AR {hia son) and ALT"EA R. 3H0'+iALT10t, hie wife, of the Borough of Akron aforesaid, of the other part, {hereinafter ca lied "(lrantees• } ' SfITl4ffiS1:7'H, That to consideration o! nature love sad affection as~d th• sun of One • 01.00) Dollar Dollara~ in hand paid, the receipt xhereof is hereby acimowledRed, thr said grantor dose hereby grant and convey to the said grantees, their heirs and assigne,,aa tenants ' by the entireties, A'.L T'F1T C$RTAIH aessuage, t eneaent and tract or plane of Lnd situated at Akron Railroad Station, in the Borough of Apron, Gountr of Laa~caater and State of Pennsylvania, bounded f sad described as follows, to wits B]t;Il[lfltif3 at an iron pin in the aiddle of ftilton Street] thence in and along said street, north fourteen a nd one-half degrees vest, eleven a nd t wenty-too hundredths perahea to s point in the middle of the Readin6 and Columbia Railroad track a-~d said f'+rzlton street; thegoe ~. along Lhe aiddle of said railroad frank, north seventy-seven oeprees east, t hirteensnd t uenty•fire hundredths perches to a point in the middle of acid railroad frank; thence in and along the ~ middle of a sitteen feet wide alley and by land now or Late of Pred Yeidsnn, south thirteen decrees seat, eleven a nd s S~tty-two hundredths perches to an iron pin; thence by I and now or ]s to of A. N. wolf, .South seventy-a ins degraea teat, twelve and eighty-four hundredths perehes to • the plane of Beginning. CON4rLITiINO one hundred end forty-eight perahaaof land. ` ,1 . . .......s. ua... ._~w.+-.. ..r~',e ... ::-.ia..,:__.'i:~>.~:_ _ . a+:.:a.r. • ...... ..ix '.-.. ...,.. ,.~.2,.t a a,.r.~ ..a~Y:Yi-:~hr+:.'K'-"u, ~~- ..; ~. „=;F~. d ~' i. •.. .~ xv xu ;^ ^o.;~: Page 1 of 1 s R'.ti Yr.T+lp'.~i.YT+~+.~~+4't • .^. ~ V,'~iY.. ~ }y':•w .tw.~clY ic:..: .!R_ n. "vR J.,.-.~. 4~ ~nro the saes prsiaiaas vhiatsAFrx1 J. Seffl+; axa0 Kasar P. N*rt'laa~, bis Yile, b; dead dataQ Jantaar; 15, ig3~5 s,Ad raaordsd in tha Raoordix'a OiYiQ~ in and tar tha Cauab! a! Lamas#er to Reaard Hook lS, ooluaar 3z, paga 3, aonTaynse to Hand S, at-ortalter MYad Lisai• 8. dho~ralter, leis t~ifa, their hitirs and a safgt~a , AaPU the aaib Li~ssie 8. Shaxal.tsr died Iia; $, 14r.~+ tend tiae pa~t~part; ikaaretare teas#sd in Aanrf !t. Shwa3#st~. dA'0 tha acid gz~antar does h arah~ ararrattt apeaiallf the piwparC; haret-p conFe;ed. Ii+i ?{ITtIB3'~ `+lixBR?:f~, said g#~anttsb hRS t-aretantu ast his hand and seal the dayand gear first abovs vt'~it#sn. aI~'~I~BD, gr~L~ dllil ~~ In the Prearentte ot= '~~sra b. 4hawal #+ar {SB'1lL} {lvea Aereha; Doha ti. #iarrhf; COt+L~QNii'Sd.LYg ~QF ~Ii1~9YTY~~ C(ltk~l~ ©F i~11Gd8~'13f~ dSt ~ this, th+1 1st ds; at ~,arcts, I'~'~? be- fQrs aaa, a 1fOtarl Patblia th• -tridarsign~rd oftia,sr, peraona2lt 11 ppeat~sd REl4'3CY ~. SA{7l~tLLTB'Fi, knt!llLll to +es {ar sa#~^fac#ori2; paar+an3 to ba the gers iKhasa Hass is substzri'bad to tha witftiss inatlro- netst, sad' a aknoa~ladgad #haf" kts exsaeu0ed tfit• saaae !er tha pasrRoas i herari~ oonta iciad . 111 lii'~tS9S 'IifIgI~E~r', I hsrrr iset~sunto a at ~ hand and Tl~tari.al sral. liar cosr~aieyiasa a xpires 1[areh ~f 19$9 Joint t+, A.ar~ahrar, lfotar; Pttb3ic (±t. ?~. 3 ~lL} Gitits, I.anoaater Co. Pa, 7 hsreb~ aer#ifT, Rha# !ha fraCiee address at` th+r drantess hef~-erin iat ltfcrsrt~ ~'aroag3~. I.anraatar CtittntT, Penna. fRren Rerahtr; Reaot'ded llsroh ~., 1957 J~r+~+ ~' Raaorder. sa~+t+-saw sa+a~a~ ~-aefsw oa~taa}e os#rt 2766$ J. H8RB8R7' FlCgL 2LT tTX. ~ ?!~i5 D383?, tia~da thin ~}th da; of '.faros irlha gear nit-atests hrutEit~ed Td attd filth-ssrata 11957) E4st~rarn J.. i±E~~IiT F~'R,L ,and C~tA'iLC".•"7"~ Z. P~Fct JAM33 !#. P. 'J?gR !Ct tilt. ~ his ttii's, oi' t!*.a ?aw»ship of L+aneaater, Causatar of Laneaatar, Darns;» iaani^ ~hsraiss•ft.ar aallad the (~rantr~ra ~ seed JR?!SS E, P". a8I~8R and BLL~1' D. HHII~SEt, tsi• tirf.t`a, ai' the ~i.tg of L,at*csstar, Ccstnt~ of Lancaster, Pstanarl~rani~t (lseraieaftar callad the Lfrantees} ilFi'tN$338'1R, t#aa# its ranrlidw~rstiort aaf` ~If'4 Tfi4'~'JL1fD '7!~ N'i1ifF?ft~ 31xTY-S?RPl7' DAT-#,'3~ (~2,2#i6.44} in hated paid„ this reo~aipt xtssraa! is harab; aaictaarledgad, ti~pr laid drantorit do hers bar d='~ t atad eats.*e; to tha ae1 d iFraateas, their hairs attd a saiR:~s, At.L. 17IdT CffR'3'lI~ lat ar pfaaa of grautid~ s ituaLad rm tha south liras of lKtadareeraa~C Lama, in ibbaaTille Manor,: U~ncaat*r ?dw~nsEsiA, I~atacaster t:atsstr, ribs»al;l~aaia, bouadad and deieribMd as i`ollaxa, to xi# ~ SHCiI>!~t7N4 at sn irota xrin on the soctth line of Maa~iavarsek If~ne, a a+orr~er ct other prccsparlar na.r or let• at ~. Aet!bart Mehl and G~sarlQtt• ~. Feh:l, acid fron flits bail a diatano~r of 152 ft. zest of t!ae lateraeation of tike as id south 1.itsa aP ?#eadawol~oak Larne and the +reat Iit» ~bT Lbbe~rilL 14oad; thenaa eyctending along acid other~roptrtx 4f the 4rantare, "sauth ~ degt•eara 1T n#nutes Vas;, a dietatkta v>c 1G5.4 Isat to an iron pica, a carnet of o#har pros rtg no+t or late cf She (Trantara= theses e_,tendin;g aloryg said. other prspar#r c«t the gratatars itarth 8~ de~raes ,EF3 minutes SfeaL, a dieES~nce of faJ.b test to an .irp3"a pin,: a aern•r at properly! uora or lata df zha tlrer-tot'a heroics, said proper#: being Iaao3m tan ~1~10 ?iradatiarrek i'.ane, theno~e asctendng alnn6 sold propertf of the t3rststar 2iorth 5 degraea 17 s~ir,uter fast. a disttanoe of 105.J fast tc an iron pin an tha south line of the wfareaaid ~teadoxoreek Lana; theesas axtanding alctag acid south http://icris.lancasterdeeds. tom/efilm/ImageServer.aspx?src=//INGEO2/IQSImages/Film/BOO... 8/27/2010 ~~ :~ ~~~ 9 ti~~~ Sxeoutrix of the 1a at x111 aad testament of Mary 8. xeekiue, deoeasad,the reapeot!.ve sums of money ast oppoaits our Hamer, above, is full aatiafaotion rod psymept of any sod rll suoh rum or sums of mot~ey,ahara or shares, purparta aad dlvide~da which were d ue, orirg,payable aad be- loagiag. to w by aay mess whatsoever from the ssid fsffi• lt. Sheets, azeautriz ea sfcressid, , aad es aad each of us do hereby soknorledge t hat t be sao suet r boveata tad oI t he as id Effie M. Sxenutriz, sbestaf is trw aad oorract is every pert rhatsoever aad we do aoknowledge ther rtae is a fu12 srd oomplete discharge of the ssid Rffie 1[. Ohaet:, executrix ae aforesaid, hereby wsivlag the neeasslty by tYa said Effie li.dbseta of tiling sayr ooount whataoaverae raid executrix. AfiD, THl'EtBFidiB, we the acid Nllliem J. yeektaa sea John 3. Yaekias, do by thsas presents, re miae,relsase,quitolsim aad forever disohorga the seLd Effie )[. Shasta, her hairs, pa raoaal cepreaente tires and s saigaa, of aad f rom s1I aatioaa, noire, psyme eta, soao uots. raak- esiags,oleima aad dsmsada wbataosver, for or by r asaoa thereof, er of aay other aot,matter, or use er thingrhatsoever, up to the present time. Iif 1/ITNESS t~llREOF, ^e have hereunto set our hrada sad ass la thin 84th day of Karop, 195b. xitaeaasas xi111am J. lisekias (3AAL) Aaas Msoregesne, Edith O. Oats JoSa ~. lieskiae (SEAL) STATE OF PSNNSYLYA1tIA,GOUti~ OF IiAlICJ~.318R,S3. Oa this 84th day of Yarob, 1955, bs+ fors ms, s tictary Publio is sadfer said Ststa sad County, personally oame the rithia armed *illism J. lNekins sad Joha S. llsakina aad a oknorledged tbs foregoing relsasa to be t5e ie sot sN deed and desired the same is be recorded ea sueh. witasas a7' head sad notarial ssalthe day aad year sferasaid. l4 ooamissio^ expires Jan. 7, 1954 l[ra. idith O. Oats, tlotsry Pablio (H.P.SEAL) Raosrded Wroh 2b,196b ~,~ Recorder *•esa-aoo t-aatoo~-oaEttseoss~ sr olfss THn DEBU, asds this serssbeat4 day of Ilsrah La the yasr 9474 HBtittY 3. sHOt~ALTSR,ST.IIZ. Tp ) ainsteaa husdred Had Piny f in BBTIT~H H~BY S.SHOEAL?3R !® HBIRtY J. sHOMAL7ER,ST.iAC. }} LIZZIE S. 3HORAL'BtR, hasband sad rite, st the Boraugh of Akron, in Leacsswr County, iltata of Pennaylvaaia, (bsrsiasfter oslled We Osfaators} and H811RY J. 3HO'4AEER A1fD ALTHEA R. sHOwAL~R, hnabsadsnd rife, of the Borc,gb of Akroa,Couaty sad state afsrasaid, taaants bq the satiratiee sad to the aurti~er of rhea, Chair heirs sad assig~a, (being son A daughter to lar of gas otora) (hereinafter •oellsd the grss- teea) _ wITTl~SETH, That La ooasidoration sf ttia sea sf Taro hundred (~200.OO~I00) dollars, • is laaad paii,the rsosipt rheresf is hereby s<o]caorledged,theseid grantors ds hs-eby great and ooavay tothe said grastaea,tbeir hairs aad asaig:~a, ALL THAT CLRTAIB aeasusgs, tenement and treat of Lsnd, aitwte along Frast Street in the Borough of Alrrea. Lasater Ceuaty and Stets of Peaaaylvaala, beuaded s ad desaalbed is follsra, to rite BEGIIIISIYG at ra iron pia is tae middle of groat Street at t5i middle sf a siztsea tee t r ids rsservad a lley; thenos by o flier lead of Hoary Sborelter, grantee herein, sad along Lys riddle of acid aixtesa feet reasrvsd a lley north t~ irteen degrees went, (H. l3• f. } a ~d is- tssae sf 234.47 feet to s pout is L he middle of t!m Rsrdiag Company Rsilraad; ffieaee along t9e middle of ssid eailrrsd north asvaaty aevsa dagrasa east, (tit. 77• E.) s diatsace d 67.16 fast to a point La the middle of srid lailrosd; tbsaoe by lead of sfereasid $sary Shorsltor, the rithin geastee, south thirteen degrees sad fifty fro minutes asst, (3. 13. 52" E.) a d U- tsaoa of 234.47 feet iathr middle of Front Street; theaoa la aad along the riddle efaaid Front Street, aopth seventy seven tegrsea west, (5.77' R.) a distaaoa st 67.16 feet to tye place of Beginning. Containing fifty seven psrobsa of lasd. BEIITG the sale prsaires r:~ioh Fred H. Hsldmva sai Flsreaaa Heldman, h!a •ite, by 1 r r r I i 6 9 5 ) their deed dated April 10, A• D• 1937, and rr~oo~rded La tbs 01'fioe for the Reaordiag of Deeds la end tar Laaovater Oounty, aforesaid, is Deed Book C, volume 33 at page ibl,foc the ooaaidsretion therein ns rationed, did grant sad ooavsy unto Henry S. Pub'walter end Liszie 9.9horalter, the ~1 Creators hereln. their hefra sndaasigas. AND the asid grantors do hereby oove~sat and agree to sad with the asid grantees, yy that they the grsbtor. their heirs, exeoutors endedmiaiatralsre,ahall and will apeoially war- teat ead forever defend the berate above deaoribsd prsmisea,wtth the hareditemerta ead appur- tsaanaea, unto the said grantees, their he ire snd saatgna, agelaat the said Orsntors and ageisat . every other psraaa lawfully olaiming or•whoahell he resfter elsimthe same or eay part thereof. ` Iti iNI11iffiS EHERBOF, asid (3rsntors have hersuntoseo their heads ead aeela the day ' snd yver first above wrietea. (U.9.I.R. #.55) Sosled sad delivered is tbs preasaee of uas Henry 3.Sbowelter (SIlAL) Oeorgs C. Eesvar, Laura F. weevee LLszie 3.9hosaltor (BSAL) ti 9TAT8 OA PStiBSYLVANIA, COUtiTY OF UNCAST6R, 9S. Os this 3svsntseath day of Ha rah ' A. D. 195b, before me s Notary Publio is ead for sAtd County sad state oaa-sthe above named Heavy s. Showalter sad Liszie S. Showal tar. huebsad and wLfe,sf Akron Borough, Lsaosster County, ' Penasylvaais, betag seporately awarae ad examined, Lbay aopeestely aM oolleotirsly dealsred ead ackaowledgsd tbo foregoing died to be their free sotsad d~sd sad dsaired the same to be renordsd ea such. witnsaa my head ead aotariel seal the day sad year aforesaid. !iy ooaimiasion a:pares Jan. 17, 19b7 George C. Nteavsr, iiotery Publio {1t.P.3BAL) y Leaoeater City, Lenasstsr Co., Ps. I ysraby asrtLfy that the preoiaa reaidsaes of th4 withla grantees is Akron Borough, ~~ U nosater County, Pa., reaidiag et tio. 103 Fulton Street In the said Borough.. • ' asorge C. lleavs/~r~---U'~otor P io . • Rsoordsd 14eroh 25, 19b5 V~,~ Reeerder cee~ p~t#~~t3FtFiF~tiFi-iFif~FitltlFitiF eoett 9978 YIitE 3TRE6T REAL ESTATS,IifC. ~ THIS IND~NTDRB, aade the 25th day of Hereh is the year t(itN- TO j teen hundred and fifty fiYe BBTRBEti VIIB STA38T RsAL ffiRl-TS, a } IIOR8E4i2 MBRTHAN, BT.O7C. } INC., s Psanaylvenis Carperatian, with priacipsl offioss at S7 Esat Yias Street, is the City sad County of Leaaeater sad .• State of Ysanaylvaais, (bsreiasiter called the arsator) of the one psrt,sad NORB$RT YIBATAAN A1iD LILi.IAti 11Stt1SAli, hSs w ife, of the City o! Lsooa ter,Couaty of Lr aasrter sad Ztst • of Peaaayl- rsais, (heretaaftsr called the assatses) of t:he otherpert, -, . ' MITiiffi38TH, 7hst the said graatar xor swd is ooasideratioa of theawa of biaety sis . tsurdred iitaety (#9580.00} 8ollsrs, Lwful aroaey of the IIsited States of Aa+erics,uato it wll sad teuly paid by the asid grantssa, at sad before the seeliagaod delivery of these prsaeata, ~' tbo receipt w5sreof ishereby sokaowledged, bas greeted, bargsioed,aold,slieaed, eafeoffed, re- ' leksad sad oontieebd, end by these presents does greo t, bargain, sell, alien, eafsoft, release, " and oonfira unto the se id gesatwss thelr Beira sad aasiass. ALL THAT C~TAIN lot sf lead aituatsd oa t to west a ide at Stevens 44esa! bstweea ` _ 9etiuyllill Street and Dslawsro Street, La t be City of Leaosater,. C....aty of Lsaass tar ead state • of Psaasylvoais, baviag a two story brink dwslliag house t5sreea ereoted,•kaowa as•7b6 Stsveaa Aveaw, bouadsd sad desoribed es followns -_ ~. BR4I1[NIBO at s point fifty three sad fortyfivt one-bundredtba (53.45) feet north of the iatsrssatioa of t he aort6 lase of Delaware Street ead the wsat Tins of 9tsveaa Avsaue, • oorner of ache: property now er 2ste of tbs grantor hsrei5,ssid other propaTtT bslag kaowa ss J 7S6 $teveaa Avoaus; tbeaco ezteadLag sloag asid other property of tbs grantor sad thru the middle of s site iaa5 party wsll,aeuth eighty aevsa (87) dsgresa tweatyfits (25) minutes west e distsaee of ons_ hundred thirteen • ad s eveaty aevsa one-busdrsdtbs (113.47) fast to s point f on ~3e seat s ide of a fifteen {15) feet Vide alley; tboabe extsating along the asst side sf asid sllss north two (2) dsgreea thirty f ire (3b} miautsa west a d iataaee of ssveataea ead sizty aevsa one-hundredths {17.67} feet to s point, a corner of other property now or late of the greater 6ereia, asid other property being kaowa as ~7b4 3tsvena Areaue;t5saoe sxteniiag .z ._ _~ 1 1 !.1 7 I~ 1 ! ~I ~ ~ it 1 1 ~, ~! ~ €3~ 5 (8) iooh oowarete block party partition Yeli betrasea the dxelliag •reotrd on the !aersis da- saribed presires, rcd the dvellisa created anth• premiaee irrsdistely •d~oieiag the some oe tM west. BSIlIO the sssdc premises ~rlsiaa covens J. Yswmsa aad gsrsb S. Yevsea, his Rits, by their deed of iadentur• besrisa date of July 29, 1Sb0 esd reaordad on Jsnusry 30, 1p52, la the Offioe for the Reoordina d Llasds is and for Lsacsatcr Coust=, panaayivaaie, Sa Desd Book B, Volwn 42, page 170, gyrated cad ooaeeyrd uato~isemuel •. $urlcboldcc rsd ssdie P. Burkholder, ~i~ eii~l~og~o~sa,iea~eamorielull~ set fa~rt~ trittie~sbCorsRaunbiosedde~.d. THN same oonditioss And the ^sid areatore do 5craby epsaislly ^srrnat the propertlr riereby coeveyed, Ili wIT2tlS.4S 'HEillftSOF,seid grsatore have hereunto pt their beads •adsssla tb• d.y •sd year prat above xrlttoa. (II.3.I.R. ~8.2b) {PA.R.R~.T. #76.00) s1.6sed,scaled .nd delivered is the preseaa• o! Samuel •. Burkhholder (SEAL) •illier H. llsna, Joaa 1t. Salliwaa Sadie P. Burkholder {BRAE) COIE1i~fSEALTH OF pgNlISYLVANU, COlT1iTY OF IJU(CA3IER,3S. 0• tbie,tbe 2pth day of July, 1454, bctor• me, • RoterT Publio, the uodersi.6aed otr!!~!r; i,.r.oaei ~.:.,....•-d g~~,aiii `w• iaurk- rr~ - •• •• holder • *d l5sdie p. Hurlcholder, hie vile, kaovn to re (or •atlst+otor ilyprovsa} to be t bs persoss vhos• aeaes ere eabsoribed to the witbin inatrus-eat, •Ad saknoviedged that they sxcauted the sacra for the purpose therein oonu feed. In Nttnese xbereot, I !uwe hereto set siq 5sad esd aotarirl Berl. ~ cosmissioa •rpire^ Jsnasry S~.lgSb Josa 1[. Sullivan, llotery Publio (li.P. 3SAL) I tiereby certify that the prcoise address of the grsatese lrereirr is b42 Burroea Lve~aue, Leaaaster,Peaseylvsaie. XLllisr H. ilsaa, Attoraty healetered Jaly ED, lEb~ Bureau of Desd Registeetie• City o Leaaester, pa. Rcaordcd Daly 24, 195! f ~ order e} aewwa~-~r•+-e aaoaw eae-* 4604 ALBSRT ~(. ~1F's IEYI33S ) THIS DERD,swde tale 2Qth day of Jaly is the year siseteea Tp j bnsdred sad fifty four BET6E$ft SETA X.ltZLLSR AND OBIS D. IiR][RY J. SHJpALq'S?,ES. Qx. ) 1[ILIiR, her bwrbssd, of the Borough of Akron, County of ba- ouster end state of tea*sylvsais, otta• first pert, (heceia- •fter oelled the Orestors) esd 2IILNRY J. 3HOSAL23R ASO ALTl~A R. SHOwALZICR, bnsbrad r ad wlte, teassts is common by the •atirctiea •srd tottse survivor of t'ssr, their heirs eaa assigns, of ttr Bar ongb of Akron, County ~ Lesoeater s sd Sts L of Psasayl vsaie, o! tae seaoas part, f bs re- isettsr oelled the arastses) rITlIE3SST8. 1'het taoosaideretios- of t h• tM, total suA of Oars tbausesd two huwdred sad fifty {=1,250.0/100) dollars, is bead paid, the rroeipt eberaot is hereby •okaowledasd, the •sid grantors, do hereby Bast esd oosaey to the said arsstees their heirs sad •seigaa, ALL THAT OZRTAIx tract ae pseoel of lead, lyls,g sovith of the Resdisg ~ Columbia Brssob of The Rcodtas Cospesy railroad •od asst of Fulton Streets situate is Akron Borough„ Lssorater County and State of peassylveais, bousded aad deaaribed es tolloxa, to vi ti BS:}Il[iFI~} rt the aortbxcat our ner thereof, s point is Fulton St., is Akron Borough, end balsa located 185.13 feet southx^rd from the neater of the Reedisig cad Coluwbls Rsileoad, thecae by la ad o! Henry S.SboRalter, north 7S degrees asst. 211.8 feet t0 ra iron pisitheaoe by the srsle, sautb 13 degrees east, 42.7 feet to • ate b ;thecae by the arse, north 77 degrees east, 87 feet to a stsM 3 thence still oontiautas by lrsd of said Henry S.Saoweltdr, north 13 degrees xret, 234.5 feet toe point in the center otttrr •foresrid Resdiaa r sd Columbia ~tsil- rosd;thasae rlasg the oeetar of Arid rrilrosd, north 7T degrees eest,142.6 feet to spoisti thence by Ir sd retained by tt~s araators be rein, acute 13 degrees red 82 minutes Brat, 264 feet to as iron pia at the rat a Ids of tree;tbezoc aosttsutaa by other lrnd at tae grratora, south 78 degrees sad b8 minutes went, 118 feet t o • point la Fulton Strrst aforesaid, brviag oroeaed ~~ ~ ~~ ~~ ~i2f~ ~.ri t!~eough an iron pit set along the reef s idr of Fulton Etreat aAd 30 teat troa the tornitua '~ of this oourss= throne sloag in Puito:. Street, north 14 d'egreea end s0 xiautes cost, 81 feat tc the plane of bsginniag. - CORTAIIiYHO oa• ante and forty three g oar halt perohea (1 Aors ~ 43} Perches) atriot araaur• as per draft of surrey wade by Howard H. Rsnck, Reg, Surrsyor, oa 1[sy ith, A. D• 1964 ~.-~ a nopy oi' whie5 is attaohed hsr~to sad anode a part hereof. BEIYI • pert of tae •axe prexiasa wh l,ah Andrsw Bollitger sad Annie lC., bl• wife, by theft deed det.•d ][arch 31. 1910, dad recorded la the ptfios o! t he Reoordrr of Desda, la and for the County of Leacastsr, In Deed Book H, Yolurns 20, page 399, grastsd asd.:oareyed unto A. B. Molt, bts !sirs and esaigaa. >, A31D BEI40 ALSO s pert of the a •aa peenisea shioh Harry A. 3!~irker snd Bertha T. Shirlr r, his site, by their deed dated April 16, 1438 aad reoorded is thr Offio• of the Re- ooedrr of Deeds is sad for the County of Lanosater •foreaaid, is Deed Book Z. Yolurs II0, page :-:, 41?, gen atad sad coareyed unto the acid A. X. xolt. AxD the said A. Y. Holt, oleo bows •a filbert li. Tolt, brio` so thereof seised of :- the bereiabetore dsaoribed pres<isss, died oa Macoh 31, 1439, Uariag his last sill end teats- ` last fisted •otober 21,192?,sad duly recorded tatbs Otttor of the Register of Hills it aad !or Laosster County is Hill Book Q, Yolusa 3,psge bb?, duly probated oa April 6, 1939, to April Tara, 1939, Ro. 49, rhseein he derissd, later slia, as tollowst - "?th. All!!se rest, rsaidw and rearsiador of aH estate, Z giro, •ad begwath it equal aheces, to q wite,Aaaa H. molt, aad sq daughter, Elta w•1lillec." AYD the a•id Asae H. wolf, sidow of the abore deordeat, and naidur deriaae died as ~iors~eber 23,1949, ia4atatr, lesriag to aurrlrr hrr as her Daly he it st Ls, her daughter, '' "slta H.fliils r, •!te et Orie 0. llilter, .brreupon for entire tss •ixpls title is nos resod into thM a•id llts E.Hiiler, grastor herein. Aad the said Orsators, do !s Toby oorraent and agree toead sith t be said Oe antNa that tbey, the Oran tors, their heirs, executors asd ada~isiatratora,ahrll end wtil speaiallT - wsrcant end torsrsr detsnd the hersia abore desoribed preteises, s ith t he hrreditssrents aad ap :~ part+eaeaoae,uato the said graatees,ttielr beir^ rnd enslgaa, ageinat the •aid grsniers aad against erary other paeao^ Lstnlly alaLsing or she shall haraetter eleintha asair or •nT pact ;~ << thereoti gwrsnL•iag to the graaGea hersia, tbrir hairs end aasigaa, free and olesr title a ~' to t he aaan:aes aonvs d hereb aad for anraelraa, sa y ys y grsntors,our Beira •ad aaaigas,_siil sate the sithia graatesa, their heirs •xd aasiaaa, hsrmleaa end tree of asT oberge or demand un- whetsaerer aos~diaehsrged or to be obargad •gsLnat thr sithin grantors, their hrtre •ad assigaa or the estate or boldiags out of wtsioh thin gnat is eoareysd. Zlf tT!lS3.4 HREltEQr, acid Orsntora herre t»rennto •et tasir bends end seals the deT snd Tsar first abore written. (U.S.I.R. X1.66) (1'A.R.E.T.T. =12.50} ,, Sealed end deliwrad la for prraense of uas Elta M. Miller (SEAL) r ~~ Qaorge C.+Hearrr, Daniel ~H.Yillsr Orir 0. Miller (3aAL) STAT3 OP PEIiXBYLYAttIA, COUli'!7C OP LINGASTBR, SS. Oa thI. 29th dsy of JulT, A.D. 19b4, before aw • liotsry Publio taaad !or asid CountT • red Sets o.ne tM abore aaaied 31ts ~. ]tiller snd Oris 0. 11111sr, bar husbasd, of Akron Borough, Laaoestsr County a ad Stste of Pena- aylvaais, aad aakoawLdged the torsgafag deed to be theft tree sot snd deed s red dasirsd the s; oast to be escorded ea aunb. Hltsaas aq hand end noterisl seal the dsy ssd'ysar storiasid. €J iRy ooaasissi oa expires Jsawry 1?, 1957 Osorgs C. 'Keever, (N.E. SgAL) j I~aaaster City, Lsncastsr Couatl, State of P•ansyly® is. I aeceby oeetil'y toot the prsaisr resideaos of ton within grsatesa is 103 Pultoa i A ~ Street, Akron. Pe. 0sorge C. Hee r P c1! f~ Renard•d July QQ, 1554* * • i- i- ~- e * ~- +- ~t i- a• sr o ~ e: t'~~ Yr~ a~ * `g°v`-sr ~ ~~ ~i ~~ i S !I l Z STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE A/S-R ~rt,;~ f,.,,,, ,-ecnmmenried and annroved for. but not restricted to use by, the members of the Pennsylvania Association of REALTORS (PAR}. SELLER S BUSINESS RELATIONSHIP WITH PA LICENSED BROKER BROKER (Company) PHONE ADDRESS FAX LICENSEE(S) Designated Agent? ^ Yes BROKER IS THE AGENT FOR SELLER. OR (if checked below): Broker is NOT the Agent for Seller and is a/an: ^ AGENT FOR BUYER ^ TRANSACTION LICENSEE ^ No ~~, a.l BUYER S BUSINESS RELATIONSHIP WITH PA LICENSED BROKER ~ = ~ ~ =f BROKER (Company) .a'--~ € ~- ~ is : c ": ~^~ .`~` _ '' ~ d<. ~. «- ~ ~ ~" ._' PHONE ' .. ...: ~ ADDRESS f~,`',% ~.; ~;;:, .fig )e ~ ;,,ec `:~ ~- ~ ~..,~;,.s !, ; t ~ ;'~ ,.~:; t ~ ~ `~a FAX F' l~? ~' ~$~ s .;.:~ x- LICENSEE(S) ~ ~`~ t £"' °~`? ~ '" Design:~ted Agent? ^ Yes ^ No BROKER IS THE AGENT FOR BUYER. OR (if checked below): Broker is NOT the Agent for Buyer and is a/an: ^ AGENT FOR SELLER ^ SUBAGENT FOR SELLER ^ TRANSACTION LICENSEE When the same Broker is Agent for Seller and Agent for Buyer, Broker is a liual Agent. All oz tsroxer s ucensees are also Luai ti~CUw lJl\LL' 00 ~11G1 G sll G separate Designated Agents for Buyer and Seller. If the same Licensee is designated for Seller and Buyer, the Licensee is a Dual Agent. F ` '~ ~ ~ , is between s 7 1. ~~jt~ ~greerr~e~t, dated F~ SELLER(S): ~° 1 ~ ~~ ~- .~. 7~:. ~~:s ti :, .~ ~: t t'~ ~'~ ~ ~ 7 !'~. ~' c~-~~. t ' ~, .,,. 3~, ~ >" _ ~., „ ~ 'r"..~ %' 2 2 3 5 fi 7 8 9 ~a 11 t2 13 14 t5 16 i7 ~a t9 24! 21 22 23 24 25 2fi 27 zs 29 30 31 32 33 34 35 36 37 38 39 40 41 _, called Seller, and BUYER(S): `~ ~ ~ i ~ i~ ~ ~ .,7 , .~- ~.- r. tL p' ,r ~ ~ ~.J // fj Ai j ~s /" S:~ ~ P: ~"~. y'S'C. Y ~ "`~ ~ Y.~ F V'..,f':~`el ~'I t-yF 6, ~'~i'dl ~ ~ 7~".." t~ 3 called Buyer 2. PROPERTY (9-OS) Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: ALL T T CERTAIN lot or piece o grouted with. btWdings and improvements thereon erected, if any, known as: in the (~~:.;, t ~.: of ~w z`~`.~f.~' County of ~- ~~`~ t- ~~'~ ~' ~' ~`- in the Commonwealth of Pennsylvania. Identification (e.g., Taz ID #; Parcel #; Lot, Block; Deed Book, Page, Recording Date): ~ ~ ~"_ ~ ~ '` ~°'' t '~ °` ~ ~ `'s`ue ~ ~° 3. TERMS (9-05) "' t~..a~ (~ €„ "~ , . 4 (A) Purchase Price "`~ ''~ ~ ~ _ u._~.__ FF x `~ U.S. Dollars, which will be paid to Seller by Buyer as follows: 1 , , . 1. Cash or check at signing this Agreement: $ ~ ``r°` '~~"~ ``~ ` 2. Cash or check within days of the execution of this Agreement: $ 3. ~ 4. Cash or cashier s check at time of settlement: $ Y" ~~ ~ ~`~ `"~ ' ~~.~ . TOTAL $ `~ ~ °~ `~ . (B) Deposits paid by Buyer within 30 DAYS of settlement will be by cash or cashier s check. Deposits, regardless crf the form of payment and the person designated as payee~,will,be paid in U.S. Dollars to Broker for Seller (unless otherwise stated here), ..`s ~ ~., Y .. ~ ~ .• ;:_ ~.~. ~ ~ "~ -~ ~ .. r ...- ,who will retain deposits in an escrow account until consummation or termination of this Agreement in conformity with all applicable laws and regulations. Any check tendered as deposit monies may be held uneashed pending the acceptance of this Agreement. (C} Seller s written approval to be on or_before: (D) Settlement to be on ~`~' ~~ ° ~ ~ '~' ~ ~~' , or before if I3uyer and Seller agree. (E) Settlement will occur in the county where the Property is located or in an adjacent county, during normal business hours, unless Buyer and Seller agree otherwise. (F) Conveyance from Seller will be by fee simple deed of special warranty unless otherwise stated here: (G) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here: (H) At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing where applicable: cur- rent taxes (see Information Regarding Real Estate Taxes); rents; interest on mortgage assumptions; condominium fees and homeowner asso- ciation fees; water and/or sewer fees, together with any other lienable municipal service. All charges will be pro-rated for the period(s) cov- ered. Seller will pay up to and including the date of settlement and Buyer will pay for all days following settlement, unless otherwise stated here: __ Buyer Initials: ~ ~~ A/S-R Page 1 of 10 Seller Initials: t~~~ Revised 9/05 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS® 2005 9/05 ~~ I Pennsylvania Association of REALTORS® 3 4 r5 u 7 8 9 i0 11 tz f3 i4 t5 f6 17 ~a i9 20 21 22 23 24 25 2& 27 28 29 30 31 32 33 34 35 35 37 38 39 ao Ott 42 4. 'FIXTURES & PERSONAL PROPERTY (9-OS) ~}p 43 (A) INCLUDED in this sale are all existing items permanently installed in the Property, free of liens, including plumbin€;; heating; lighting fix- ~."s ~~ tures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers and transmitters; tele- ~4 45 vision antennas; unpotted shrubbery, plantings and trees; any remaining heating and cooking fuels stored on the Property at the time of set- ~t5 ~~ tlement; sump pumps; storage sheds; mailboxes; wall to wall carpeting; existing window screens, stoml windows and screen/storm doors; as R? window covering hardware, shades and blinds; awnings; built-in air conditioners; built-in appliances; and the range%oven unless otherwise 4? ~ stated. Also included: ~ ~~ ~s ao (B) LEASED items (not owned by Seller): 'ai 57 i~ (C) EXCLUDED fixtures and items: s3 53 >~ 5. DATES/TIME IS OF THE ESSENCE (9-OS) 54 >5 (A) The settlement date and all other dates and times referred to for the performance. of any of the obligations of this Agreement are of the essence 55 ~6 and are binding. ~& _? (B) For purposes of this Agreement, the number of days will be counted from the date of execution, excluding the day this Agreement was exe- 57 ;s cuted and including the last day of the time period. The Execution Date of this Agreement is the date when Buyer and Seller have indicated s ~~ full acceptance of this Agreement by signing and/or initialing it. All changes to this Agreement should be initialed anti dated. 59 ~t~ (C) The settlement date is not extended by any other provision of this Agreement and may only be extended by mutual written agreement of the parties. ~~ (D) Certain time periods are pre-printed in this Agreement as a convenience to the Buyer-and Seller. All pre-printed time :periods are negotiable si ,2 and may be changed by striking out the pre-printed text and inserting a different time period acceptable to all parties. b2 _~ 6. MORTGAGE CONTINGENCY (9-05) ~~ WAIVED. This sale is NOT contingent on mortgage financing, although Buyer may still obtain mortgage financing. ~ ^ ELECTED. ~ s~ s (A) This sale is contingent upon Buyer obtaining mortgage financing as follows: ~ ~? First Mortgage on the Property • Second Mortgage on the.Property s7 ~$ Loan Amount $ Loan Amount $ ~g 9 Minimum Term years Minimum Term years 6g '~ Type of mortgage Type of mortgage ?~ t 2 Mortgage lender Mortgage lender 7t T~ ~ 73 ~ Interest rate %; however, Buyer agrees to accept the Interest rate %; however, Buyer agrees to accept the ~~ 5 interest rate as may be committed by the mortgage lender, not to interest rate as maybe committed by the mortgage lender, not to ?~ 6 exceed a maximum interest rate of %. exceed a maximum interest rate of %. ~~ _ ? Discount points, loan origination, loan placement and other fees charged Discount points, loan origination, loan placement and other fees charged 77 e by the lender as a percentage of the mortgage loan (excluding any mort- by the lender as a percentage of the mortgage loan (excluding any mort- ?$ s gage insurance premiums or VA funding fee) not to exceed gage insurance premiums. or VA funding fee) not to exceed ?s 4 % (0% if not specified) of the mortgage loan. % (0% if not specified) of the mortgage loan. &~ 1 The interest rate(s) and fee(s) provisions in paragraph 6 (A) are satisfied if the mortgage lender(s) gives Buyer the right to guarantee the interest rate(s) s7 z and fee(s) at or below the maximum levels stated. Buyer gives Seller the right, at Seller's sole option and as permitted by taw and the mortgage $2 3 lender(s), to contribute financially, without promise of reimbursement, to the Buyer and/or the mortgage lender(s) to make the above mortgage term(s). ~ available to Buyer. ~ 5 (B) Within days (10 if not specified) from the Execution Date of this Agreement, Buyer will make a completed, written mortgage appli- ~ cation forthe mortgage terms stated above to the mortgage lender(s) identified in paragraph 6 (A), if any, otherwise to a responsible mortgage. t~s ? lender(s) of Buyer's choice. ,Broker for Buyer, if any, otherwise Broker for Seller, is authorized to communicate with the mortgage ~? 3 lender(s) to assist in the mortgage loan process. ~ ~ (C) Should Buyer furnish false or incomplete information to Seller, Broker(s), or the mortgage lenders} concerning Buyer's .legal or ~~ financial status, or fail to cooperate in good faith in processing the mortgage loan application, which results in the mortgage Ieuder(s} 90 ! refusing to approve a mortgage loan commitment, Buyer will be in default of this Agreement. ~~ (D) 1. Mortgage commitment date: . If Seller does not receive a copy of Buyer's mortgage commitment(s) by this i date, Buyer and Seller agree to extend the mortgage commitment date until Seller terminates this Agreement by written notice to Buyer. ~S3 2. Upon receiving a mortgage commitment, Buyer will promptly deliver a copy of the commitment to Seller. ~~ 3. Seller may terminate this Agreement in writing after the mortgage commitment date, if the mortgage commitment(s}: o~ ~= a. Is not valid until the date of settlement, OR ~~ b. Is conditioned upon the sale and settlement of any other property, OR ~; - c. Does not satisfy all the mortgage terms as stated in paragraph 6 (A), OR ~~ • d. Contains any other condition not specified in this Agreement that is not satisfied and/or removed in writing by the mortgage lender(s) ~~ ~~ within 7 DAYS after the mortgage commitment date in paragraph 6 (D) (1), other than those conditions that are customari- ?~_~~ ' ly satisfied at cr near settlement, such as obtaining uisurance and confirming employment status. ~~; 4. If this Agreement is terminated pursuant to paragraphs 6 (D) (1) or (3), or the mortgage loan(s) is not obtained for settlement, all deposit monies 1~:2 will be retained to Buyer according to the terms of paragraph 30 and this Agreement will be VOID. Buyer will be responsible for any costs =w3 'µ incurred by Buyer for any inspections or certifications obtained according to the terms of this Agreement, and any costs incurred by Buyer for: ~~:~~ '~ (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; (2) Flood insurance and/or fire insurance with '~ extended coverage, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees and charges paid in advance to mortgage lender. ;so 7 Buyer Initials: A/S-R Page 2 of 10 SeIIer Initials: _ `"- "~~ r~_____~ nines ;ts- 1aa t09 11Q t1t 1i2 t13 ti4 tt5 its 1t7 1t8 i19 12Q 121 t22 123 124 t25 i26 t27 128 t29 13~ t31 i32 133 i34 i35 t36 13: t38 139 140 i41 142 143 144 145 146 t47 i48 149 15D 151 152 153 154 155 t56 157 158 159 i 6t} 161 X62 i63 t54 165 t6o t67 168 169 iTv (E) Ifthe mortgage lender(s), or an insurer providing property and casualty insurance as required by the mortgage lender(s), requires repairs to the Property, Buyer will, upon receiving the requirements, deliver a copy of the requirements to Seller. Within 5 DAYS of receiving the copy of the requirements, Seller will notify Buyer whether Seller will make the required repairs at Seller's expense. 1. If Seller makes the required repairs to the satisfaction of the mortgage lenders} or insurer, Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreement. 2. If Seller will not make the required repairs, or if Seller fails to respond within the time given, Buyer will, within 5 DAYS, notify Seller of Buyer's choice to: a. Make the required repairs, at Buyer's expense, with permission and access to the Property given by Seller; permission and access may not be unreasonably withheld by Seller, OR b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of this Agreement. (F) Seller Assist ©`~ NOT APPLICABLE ^ APPLICABLE. Seller will pay: ^ $ , or % of Purchase Price, maximum, toward Buyer's costs as acceptable to the mortgage lender(s). FHA/VA, IF APPLICABLE (G) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless Buyer has been given, in accordance with HUD(FHA or VA requirements, a written statement by the Federal Housing Commissioner, Veterans Administration, or a Direct Endorsement Lender setting forth the appraised value of the Property of not less than $ (the dollar amount to be inserted is the sales price as stated in this Agreement). Buyer will have the privilege and option of proceeding with consummation of the contract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mort- gage the Department of Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the Property. Buyer should satisfy himself/herselftbat the price and condition of the Property are acceptable. Warning: Section 1010 of Title 18, U.S.C., Department of Housing and Urban Development and Federal Housing Administration Transactions, provides, "Whoever for the purpose of ...influencing in any way the action of such Department, makes, passes, utters or publishes any statement, knowing the same to be false ...shall be fined under this title or imprisoned not more than two years, or both." (H) U.S. Department of Housing and Urban Development (HUD) NOTICE TO PURCHASERS: Buyer's Acknowledgement ^ Buyer has received the HUD Notice "For Your Protection:. Get a Home Inspection." Buyer understands the importance of getting an independent home inspection and has thought about this before signing this Agreement. Buyer understands that FHA will not perform a home inspection nor guarantee the price or condition of the Property. (I) Certification We the undersigned, Seller(s) and Buyer(s) party to this transaction each certify that the terms of this contract for purchase are true to the best of our knowledge and belief, and that any other agreement entered into by any of these parties in connection with this transaction is attached to this Agreement. 7. WAIVER OF CONTINGENCIES (9-05) If this Agreement is contingent on Buyer's right to inspect and/or repair the Property, or to verify insurability, environmental conditions, boundaries, certifications, zoning classification or use, or any other information regarding the Property, Buyer's failure to exercise any of Buyer's options within the times set forth in this Agreement is a WAIVER of that contingency and Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreement. PROPERTY INSURANCE AVAILABILITY (9-05) -® WANED. This Agreement is NOT contingent upon Buyer obtaining property and casualty insurance for the Property, although Buyer may still obtain property and casualty insurance. ^ ELECTED. Contingency Period: DAYS (15 if not specified) from the Execution Date of this Agreement. Within the Contingency Period, Buyer will make application for property and casualty insurance for the Property to a responsible insurer. Broker for Buyer, if any, otherwise Broker for Seller, may communicate with the insurer to assist in the insurance process. If Buyer cannot obtain property and casualty insurance for the Property on terms and conditions reasonably acceptable to Buyer, Buyer will, within the Contingency Period: (A) Accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, OR {B) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of this Agreement, OR (C) Enter into a mutually acceptable written agreement with Seller. If Buyer and Seller do not reach a written agreement during the Contingency Period, and Buyer does not terminate this Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement. INSPECTIONS (9-OS) (A) Seller will provide access to insurers' representatives and, as may be required by this Agreement, to surveyors, municipal officials, and inspec- tors. If Buyer is obtaining mortgage financing, Seller will provide access to the Property to appraisers and others reasonably required by mort- gage lender(s). Buyer may attend any inspections. (B) Buyer may make apre-settlement walk-through inspection of the Property. Buyer's right to this inspection is not waived by any other provision of this Agreement. (C) Seller will have heating and all utilities (including fuel(s)) on for all inspections. (D) All inspectors, including home inspectors, are authorized by Buyer to provide a copy of any inspection report to Broker for Buyer. (E) Seller has the right, upon request, to receive without charge a copy of any inspection report from the party for whom it was prepared. 8. 9. ~~ t71 Buyer Initials: A/S-R Page 3 of 10 R.~ Revised 9/05 Seller Initials: __ t48 1~9 ttt~ 1tt t12 t13 tt~ f1~ tti tt~ 1tA 1t9 ~, ~. 121 t22 123 124 125 i26 t27 128 129 1"sJ 131 132 133 134 13N 13~i 137 138 133 14~ 141 142 t43 144 14a 145 147 t48 149 156 S51 152 153 154 155 156 i5T 156 i59 16~ 1E1 162 163 164 i65 t~6 t67 168 1fi9 try 171 t72 '10. INSPECTION CONTINGENCY OPTIONS (9-OS) t72 t7.~ The inspection contingencies elected by Buyer in paragraphs 11-15 are controlled by the Options set forth below. The time periods stated in ~I? ? Y these Options will apply to all inspection contingencies in paragraphs 11-15 unless otherwise stated in this Agreement. ?7~ t"~ Option 1. Within the Contingency Period, as stated in paragraphs 11-15, Buyer will: ,, u t'e 1. Accept the Property with the information stated in the report(s) and agree to the RELEASE in paragraph 27 oi'this Agreement, OR ~ t ~ t%'' 2. If Buyer is not satisfied with the information stated in the report(s), terminate this Agreement by written notice to Seller, with all deposit =r t t ~ monies returned to Buyer according to the terms of paragraph 30 of this Agreement, OR ; E ~. t i ~ 3. Enter into a mutually acceptable written agreement with Seller providing for any repairs or improvements to the Property and/or any ~ f 9 t~.~~ credit to Buyer at settlement, as acceptable to the mortgage lender(s), if any. ~~~ t~? If Buyer and Seller do not reach a written agreement during the specified Contingency Period, and Buyer does not terminate this u? 1fi? Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph t&2 ?~~ 27 of this Agreement. ;~~ t84 Option 2. Within the Contingency Period, as stated in paragraphs 11-15, Buyer will: t34 t35 1. Accept the Property with the information stated in the report(s) and agree to the RELEASE in paragraph 27 of this Agreement, OR 1~5 tee 2. If Buyer is not satisfied with the information stated in the report(s), present the report(s) to Seller with a Written Corrective Proposal 136 t87 ("Proposal") listing corrections and/or credits desired by Buyer. The Proposal may, but is not required to, include the name of a prop- 137 188 erly licensed or qualified professional to perform the corrections requested in the Proposal, provisions for payment, including retests, and t~8 1B9 a projected date for completion of the corrections. Buyer agrees that Seller will not be held liable for corrections that do not comply with 1~9 1gt1 mortgage lender or governmental requirements if performed in a workmanlike manner according to the terms of Buyer's Proposal, or by 190 191 a contractor selected by Buyer. 1g1 192 a. Within days (7 if not specified) of receiving Buyer's Proposal, Seller will inform Buyer in writing of Seller's choice to: t92 193 (1) Satisfy the terms of Buyer's Proposal, OR 193 194 (2) Credit Buyer at settlement for the costs to satisfy the terms of Buyer's Proposal, as acceptable to the mortgage lender(s), if any, OR t94 ts5 (3) Not satisfy the terms of Buyer's Proposal and not credit Buyer at settlement for the costs to satisfy the terms of Buyer's Proposal. t95 t96 b. If Seller agrees to satisfy the terms of Buyer's Proposal or to credit Buyer at settlement as specified above, :Buyer accepts the Property t9s t97 and agrees to the RELEASE in paragraph 27 of this Agreement. tg7 tsg c. If Seller chooses not to satisfy the terms of Buyer's Proposal and not to credit Buyer at settlement as specified above, or if Seller fails tg8 t99 to choose any option within the time given, Buyer will, within days (5 if not specified): tgg 200 (1) Accept the Property with the information stated in the report(s) and agree to the RELEASE in paragraph 27 of this Agreement, OR 200 201 (2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of para- tot 202 graph 30 of this Agreement, OR 202 203 (3) Enter into a mutually acceptable written agreement with Seller providing for any repairs or improvements to the Property and/or 203 204 any credit to Buyer at settlement, as acceptable to the mortgage lender(s), if any. 204 205 If Buyer and Seller do not reach a written agreement during the time specified in Option 2, 2. c., and Buyer does not ter- 2{D5 206 urinate this Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the 2t36 207 RELEASE in paragraph 27 of this Agreement. 207 20~ 11. PROPERTY INSPECTION CONTINGENCY (9-05) (See Property and Environmental Inspection Notices) tog 209 .Buyer understands that property inspections, certifications and/or investigations can be performed by professional contractors, home inspectors, tog 21o engineers, architects and other properly licensed or otherwise qualified professionals, and may include, but are not limited to: structural compo- 210 211 nents; roof; exterior windows and exterior doors; exterior siding, fascia, gutters and downspouts; swimming pools, hot tubs and spas; appliances; 2t1 212 electrical, plumbing, heating and cooling systems; water penetration; environmental hazards (e.g., mold, fungi, indoor air quality, asbestos, under- 212 213 ground storage tanks, etc.); electromagnetic fields; wetlands inspection; flood plain verification; property boundary/square footage verification; 213 214 and any other items Buyer may select. Buyer is advised to investigate easements, deed and use restrictions (including any historic preservation 214 2t5 restrictions or ordinances) that apply to the Property and to review local zoning ordinances. Other provisions of this Agreement may provide for 215 2t 6 inspections, certifications and/or investigations that are not waived or altered by Buyer's election here. ~~ 216 2t7 ~ WAIVED. Buyer has the option to conduct property inspections, certifications and/or investigations. Buyer WANES THIS OPTION and 217 218 agrees to the RELEASE in paragraph 27 of this Agreement. 218 219 ^ ELECTED. Contingency Period: days (15 if not specified) from the Execution Date of this Agreement. 2t9 z2tl (A) Within the Contingency Period, Buyer, at Buyer's expense, may have inspections, certifications and/or investigations completed by proper- 220 22; ly licensed or otherwise qualified professionals. If Buyer elects to have a home inspection of the Property, as defined in the Pennsylvania Home 2'21 222 Inspection Law (see Information Regarding the Home Inspection Law), the home inspection must be performed by a full member in good stand- 222 223 ing of a national home inspection association or a person supervised by a full member of a national home inspection association, in accordance 223 224. with the ethical standards and code of conduct or practice of that association, or by a properly licensed or registered professional engineer, or a ~22n, 225 properly licensed or registered architect. This contingency does not apply to the following existing conditions and/or items: ?25 zee e 22~ 2 27 :? 2~M (B) If Buyer is not satisfied with the condition of the Property as stated in the written inspection report(s), Buyer will proceed under one of the fol- 223 229 lowing Options as listed in paragraph 10 within the Contingency Period: 2aa 23(7 ^ Option 1 23C 2s? ^ Option 2 For the purposes of Paragraph 11 only, Buyer agrees to accept the Property with the results of arty report(s) and a rees to =~u•"~ g 232 the RELEASE in paragraph 27 of this Agreement if the total cost to correct the conditions stated in the report(s) is less than X32 233 $ ($0 if not specified) (the "Deductible Amount"). Otherwise, all provisions of paragraph 10, Option 2, shall 233 2~~~; apply, except that Seller will be deemed to have satisfied the terms of Buyer's Proposal if Seller agrees to perform corrections s;34 235 or offer credits such that the cumulative cost of any uncorrected or uncredited condition(s) is equal to the Deductible Amount. 2 5 236 Buyer Initials: ~. A/S-R Page 4 of 10 Seller Initials:.... _ `~ 236 uP~~~P~ 9m~ 23i 12. W04D INFESTATION INSPECTION CONTINGENCY (9-OS) ~ 237 z~' ,-- WAIVED. Buyer has the option to have the Property inspected for wood infestation by an inspector certified as awood-destroying pests pesti- 238 ~.. cide applicator. BUYER WAIVES THIS OPTION and agrees to the RELEASE in paragraph 27 of this Agreement. 23g 2~~`' ^ ELECTED. Contingency Period: days (15 if not specified) from the Execution Date of this Agreement. ?40 z=<~ (A) Within the Contingency Period, Buyer, at Buyer's expense, may obtain a written "Wood-Destroying Insect Infestation Inspection Report" 241 :~z from an inspector certified as awood-destroying pests pesticide applicator and will deliver it and all supporting documents and drawings pro- z~z 243 vided by the inspector to Seller. The report is to be made satisfactory to and in compliance with applicable laws, mortgage lender requirements, :?A3 z~~ and/or Federal Insuring and Guaranteeing Agency requirements, if any. The inspection is to be limited to all readily visible and accessible areas 244 x='.~ of all structures on the Property except fences and the following structures, which will not be inspected: 245 248 246 247 (B) If the inspection reveals active infestation(s), Buyer, at Buyer's expense, may within the Contingency Period, obtain. a Proposal from awood- 247 24S destroying pests pesticide applicator to treat the Property. 24g 249 (C) If the inspection reveals damage from active or previous infestation(s), Buyer, at Buyer's expense, may within the Contingency Period, obtain 249 z50 a written report from a professional contractor, home inspector or structural engineer that is limited to structural~dama.ge to the Property caused z50 z51 by wood-destroying organisms and a Proposal to repair and/or treat the Properly. z51 252 (D) If Buyer is not satisfied with the condition of the Property as stated in the written inspection report(s), Buyer will proceed under one of the fol- 252 253 lowing Options as listed in paragraph 10 within the Contingency Period: 253 254 ^ Option 1 254 255 ^ Option 2 z55 256 13. STATUS OF RADON (9-OS) (see Information Regarding Radon) 256 257 (A) Seller has no knowledge concerning the presence or absence of radon unless checked below: 257 258 ^ 1. Seller has knowledge that the Property was tested on the dates, by the methods (e.g., charcoal canister, alpha track, etc.), and with the 258 259 results of all tests indicated below: 259 260 DATE TYPE OF TEST RESULTS (picoCuries/liter or working levels) 260 261 z61 262 262 263 ^ 2. Seller has knowledge that the Property underwent radon reduction measures on the date(s) and by the method(s) indicated below: 263 264 DATE RADON REDUCTION METHOD 264 265 265 . 286 266 267 COPIES OF ALL AVAILABLE TEST REPORTS will be delivered to Buyer with this Agreement. SELLER DOES NOT WARRANT , , 267 268 EITHER THE METHODS OR RESULTS OF THE TESTS. 2gg 269 270 (B) RADON INSPECTION CONTINGENCY ~ WAIVED. Buyer has the option to have the Property inspected for radon by a certified ins ector BUYER WAIVES THIS OPTION d egg 270 p . an 271 agrees to the RELEASE in paragraph 27 of this Agreement. 271 272 ^ ELECTED. Contingency Period: days (15 if not specified) from the Execution Date of this Agreement. 272 273 Within the Contingency Period, Buyer, at Buyer's expense, may obtain a radon test of the Property from a certified inspector. If Seller 273 274 performs any radon remediation, Seller will provide Buyer a certification that the remediation was performed by a properly licensed and 274 27'5 certified radon mitigation company. 275 276 1. If the written test report reveals the presence of radon below 0.02 working levels or 4 picoCuries/liter (4 pCi/L), Buyer accepts the 276 277 Property and agrees to the RELEASE in paragraph 27 of this Agreement. 277 278 2. If the written test report reveals the presence of radon at or exceeding 0.02 working levels or 4 picoCuries/liter (4 pCilL), Buyer will 278 279 proceed under one of the following Options as listed in paragraph 10 within the Contingency Period: 279 280 ^ Option 1 280 281 ^ Option 2 ~ 2g1 282 14. STATUS OF WATER (9-05) 282 283 (A) Seller represents that the Property is served by: "~ 283 284 ;.,.~ Public Water 2gq 285 ^ On-site Water 285 286 ^ Community Water 286 287 ^ None 287 288 ^ 288 289 (B) WATER SERVICE INSPECTION CONTINGENCY 289 290 : r^ WAIVED. Buyer has the option to have an inspection of the quality and or quantity of the water system for the Property. BUYER WAIVES 290 291 THIS OPTION and agrees to the RELEASE in paragraph 27 of this Agreement. 291 z92 ^ ELECTED. Contingency Period: days (15 if not specified) from the Execution Date of this Agreement. 292 293 1. Within the Contingency Period, Buyer, at Buyer's expense, may obtain an inspection of the quality and/or quantity of the water sys- 293 294 tem from a properly licensed or otherwise qualified water/well testing company. 2gq 295 2. If required by the inspection company, Seller, at Seller's expense, will locate and provide access to the on-;;ite (or individual) water 295 z9s system. Seller also agrees to restore the Property, at Seller's expense, prior to settlement. 296 297 3. If Buyer is not satisfied with the condition of the water system as stated in the written inspection report(s), Buyer will proceed under 297 z98 one of the following Options as listed in paragraph 10 within the Contingency Period: egg zg9 ^ Option 1 2g9 39 , ^ Option 2 300 301 _.__ Buyer Initials: A/S-R Page 5 of 10 Seller Initials: -"" _ 301 Revicerl_A/n5 302 4:r:3 3~i4 315 L;3 ~3 3t1s 30~ %' ~ :311 :312 15. STATUS OF SEWER (9-05) (A) Seller represents that the Property is served by: ~-^• Public Sewer ^ Individual On-lot Sewage Disposal System (see Sewage Notice 1) ^ Individual On-lot Sewage Disposal System in Proximity to Well (see Sewage Notice 1; see Sewage Notice 4, if applicable) ^ Community Sewage Disposal System ^ Ten-Acre Permit Exemption (see Sewage Notice 2) ^ Holding Tank (see Sewage Notice 3) ^ None (see Sewage Notice 1) ^ None Available/Permit Limitations in Effect (see Sewage Notice 5) ^ 302 303 304 305 3C~6 307 30S 309 310 3t1 312 31a (B) INDIVIDUAL ON-LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY 313 ,31t -.~C7~_ WAIVED. Buyer has the option to have an inspection of the individual on-lot sewage disposal system for the Property. BUYER 314 315 WAIVES THIS OPTION and agrees to the RELEASE in paragraph 27 of this Agreement. 315 31:, ^ ELECTED. Contingency Period: days (IS if not specified) from the Execution Date of this Agreement. v16 3 ~? 1. Within the Contingency Period, Buyer, at Buyer's expense, may obtain an inspection of the individual ors-lot sewage disposal sys- 3 ~7 310 tem from a qualified, professional inspector. ,~18 31~ 2. If and as required by the inspection company, Seller, at Seller's expense, will locate, provide access to and empty the individual on- 319 :320 lot sewage disposal system. Seller will also restore the Property, at Seller's expense, prior to settlement. 320 32i 3. If the inspection. report reveals defects that do not require expansion or replacement of the existing individual on-lot sewage disposal 321 322 system, Buyer will proceed under one of the following Options as listed in paragraph 10 within the Contingency Period: 322 :323 ^ Option 1 323 324 ^ Option 2 324 325: 4. If the inspection report reveals the need to expand or replace the existing individual on-lot sewage disposal system, Seller may, 325 326 within 25 DAYS of receiving the inspection report, submit a Written Corrective Proposal ("Proposal") to Buyer. The Proposal 325 327 will include, but not be limited to, the name of the company to perform the expansion or replacement; provisions for payment, includ- 327 323 ing retests; and a projected completion date for corrective measures. Within 5 DAYS of receiving Seller's Proposal, or if no 328 32? Proposal is provided within the time given, Buyer will notify Seller in writing of Buyer's choice to: 329, 330 a. Agree to the terms of the Proposal, if any, whereupon Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of 330 331 this Agreement, OR 331 332 b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of para- 332 333 graph 30 of this Agreement. 333 334 c. Accept the Property and the existing system and agree to the RELEASE in paragraph 27 of this Agreement, and, if required by 334 335 any mortgage lender and/or any goverrunental authority, correct the defects before settlement or within the time required by the 335 .33~ mortgage lender and/or governmental authority, at Buyer's sole expense, and with permission and access to the Property given by 336 337 Seller. Permission and access may not be unreasonably withheld by Seller. If Seller denies Buyer permission and/or access to cor- 337 338 rest the. defects, Buyer may, within 5 DAYS of Seller's denial, tern~inate this Agreement by written. notice to Seller, with all 338 335 deposit monies returned to Buyer according to the terms of paragraph 30 of this Agreement. 33g 340 16. HOME WARRANTIES (9-OS) 340 341 At or before settlement, either party may have the opportunity to purchase a home warranty for the Property from athird-party vendor. Buyer and 341 342 Seller understand that a home warranty for the Property does not alter any disclosure requirements of Seller, will not cover or warrant any pre- 342 3=tr existing defects of the Property, and will not alter, waive or extend any provisions of this Agreement regarding inspections or certifications that 343 344 Buyer has elected or waived as part of this Agreement. Buyer and Seller understand that the licensee, broker or mortgage lender who orders the 344 ;335 home warranty may possibly receive a fee paid by the home warranty company. 345 346 17. ZONLNG CLASSIFICATION & VERIFICATION OF USE CONTINGENCY (9-OS) 346 :~47 (A) Failure of this Agreement to contain the zoning classification (except in cases where the property {and each parcel thereof, if subdividable} is 347 348 zoned solely or primarily to permit single-family dwellings) will render this Agreement voidable at Buyer's option, and, if voided, any deposits 348 s48 tendered by the Buyer will be returned to the Buyer without any requirement for court action. 343 35t< Zoning Classification: 350 351 (B} Contingency Period: days (7 if not specified) from the Execution .Date of this Agreement. 3a1 X52 Within the Contingency Period, Buyer, at Buyer's expense, may verify that the present use ( ) 352 3u3 of the Property is permitted. In the event the present use is not permitted, Buyer will, within the Contingency Period, give Seller written 3i>3 3{~ notice that the present use of the Property is not permitted and that Buyer will: 354 3~:~ 1. Accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, OR r55 °3u 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of 355 ~~;~' this Agreement. ~~7 "5"~ If Buyer fails to respond withi*r the Contingency Period or does not terminate this Agreement by written notice to Seller within that 353 ~5~ time. Fluyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement. 35n ,~ 18. NOTICES, ~SSI/SSI<~1<I~N'TS & CERTIFICATES Ol~' OCCUPANCY (9-OS} 80 ~~ F (A j Seller represents, as cfthe da*_e Seiler siUned this Agreement, that ro public improvement, condominium or homeowner association assessments '~~? :~~=2 nave beep; made against the Property which remain unpaid, and that no notice by any go~•ernment or public authority has been served upon Seller ,~a2 or anyone on Seller's behalf, including notices relating to violations of zoning, housing, building, safety or fire ordinances that remain uncor- 352 ~~,t~ rested, and that Seller knows of no condition that would constitute a violation of any such ordinances that remain uncorrected, unless otherwise ;xua ;~'~ specified here: u°~5 +.~ ° (B) Seller knows of no other potential notices (including violations) and/or assessments except as follows: 3v - >. - --- 367 ~~~ Buyer Initials: A/5-R Page 6 of 10 .--~ Seller Initials: ;3sg 3~9 (C) In the event any notices (including violations) and/or assessments are received after Seller has signed this Agreement and before settlement, 369 3'~ 'Seller will provide a copy of the notices and/or assessments to Buyer and will notify Buyer in writing within 5 _ DAYS of receiving the 370 .. notices and/or assessments that Seller will: ~,7,~ 3:"< l . Fully comply with the notices and/or assessments at Seller's expense before settlement. If Seller fully complies with the notices and/or 372 ~;~ assessments, Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreement. OR 373 :~;~~ 2. Not comply with the notices and/or assessments. If Seller chooses not to comply with the notices and/or assessments, or fails within the ;~74 3:`~: time given to notify Buyer whether Seller will comply, Buyer will notify Seller in writing within 5 DAYS that Buyer will: 3r°5 3?5 a. Comply with the notices and/or assessments at Buyer's expense, accept the Property, and agree to the RELEASE in paragraph 27 of 318 s~ this Agreement, OR ;>7 u°sJ b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 37s 31~s 30 of this Agreement. ~ 3rs~ If Buyer fails to respond within the time stated in paragraph 18 (C) (2) or fails to terminate this Agreement by written notice to 330 381 Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement. 331 382 (D) If required by law, within 30 DAYS from the Execution Date of this Agreement, but in no case later than 15 days prior to settlement, Seller 382 383 will order at Seller's expense a certification from the appropriate municipal department(s) disclosing notice of any uncorrected violations of zon- 383 33:~ ing, housing, building, safety or fire ordinances and/or a certificate permitting occupancy of the Property. If Buyer receives a notice of any ,;84 3S5 required repairs/improvements, Buyer will promptly deliver a copy of the notice to Seller. 3;8, 386 1. Within 5 DAYS of receiving notice from the municipality that repairs/improvements are required, Seller will notify Buyer in writ- 336 3S1 ing that Seller will: ,337 388 a. Make the required repairs/improvements to the satisfaction of the municipality. If Seller makes the required repairs/improvements, 330 389 Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreement. OR 369 39e b. Not make the required repairs/improvements. If Seller chooses not to make the required repairs/improvements, Buyer will notify 390 391 Seller in writing within 5 DAYS that Buyer will: 331 392 (1) Make the repairs/improvements at Buyer's expense, with permission and access to the Property given by Seller, which will not 3g2 393 be unreasonably withheld, OR 393 ~~ (2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of para- 3g4 395 graph 30 of this Agreement. 3g5 395 If Buyer fails to respond within the time stated in paragraph 18 (D) (1) (b) or fails to terminate this Agreement by written notice 396 397 to Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, and Buyer 397 333 accepts the responsibility to perform the repairs/improvements according to the terms of the notice provided by the municipality. 399 3~9 2. If Seller denies Buyer permission to make the required repairs/improvements, or does not provide Buyer access before settlement to make 399 4Dt1 the required repairs/improvements, Buyer may, within 5 DAYS; terminate this Agreement by written notice 1;o Seller, with all deposit 400 401 monies returned to Buyer according to the terms of paragraph 30 of this Agreement. 401 402'. 3. If repairs/improvements are required and Seller fails to provide a copy of the notice to Buyer as required in paragraph 18 (D), Seller will 4~2 403 perform all repairs/improvements as required by the notice at Seller's expense. Paragraph 18 (D) (3) will survive settlement. ~~; 404 (E) Access to a public road may require issuance of a highway occupancy permit from the Department of Transportation. 404 405 19. TITLE, SURVEYS & COSTS (9-OS) d05 408 (A) The Property will be conveyed with good and marketable title as is insurable by a reputable title insurance company at the regular rates, free and 4C~s 407 clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the following: existing deed restrictions; historic preservation 407 408 restrictions or ordinances; building restrictions; ordinances; easements of roads; easements visible upon the ground; easements of record; and 406 4U9 privileges or rights of public service companies, if any. 409 410 (B) Buyer will pay for the following: (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; 410 4`s1 (2) Flood insurance, fire insurance with extended coverage, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees and 4i1 412 charges paid in advance to mortgage lender(s); (4) Buyer's customary settlement costs and accruals. 4t2 413 (C) Any survey or surveys required by the title insurance company or the abstracting attorney for preparing an adequate legal description of the 413 414 Property (or the correction thereof) will be obtained and paid for by Seller. Any survey or surveys desired by Buyer or required by the mortgage 414 415 lender will be obtained and paid for by Buyer. 415 4'!6 (D) If Seller is unable to give a good and marketable title and such as is insurable by a reputable title insurance company at the regular rates, as specified 410 411 in paragraph 19 (A), Buyer will: 417 418 1. Accept the Property with such title as Seller can give, with no change to the purchase price, and agree to the RELEASE in paragraph 27 of this 416 419 Agreement, OR 419 429 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of 420 421 this Agreement. Upon termination, Seller will reimburse Buyer for any costs incurred by Buyer for any inspections or certifications obtained 421 422 according to the terms of this Agreement, and for those items specified in paragraph 19 (B) items (1), (2), (3) and in paragraph 19 (C). 42a 423 (E) The Property is not a "recreational cabin" as defined in the Pennsylvania Construction Code Act unless otherwise stated here (see Information 423 42~ Regarding Recreational Cabins): 42u 425 20. CONDOMINIUM/PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) RESALE NOTICE (9-OS) ~~ 425 "25 ^`` NOT APPLICABLE ;125 Oaf ^ APPLICABLE: CONDOMINIUM. The Property is a unit of a condominium that is primarily run by a unit owners' association. §3407 of the 421 42s Uniform Condominium Act of Pennsylvania (see Information Regarding Condominiums and Planned Communities) requires Seller to furnish 423 Myr9 Buyer with a Certificate of Resale and copies of the condominium declaration (other than plats and plans), the bylaws and the rules and regula- 4?~ ~3°,i tions of the association. 43~ 431 ^ APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOCIATION). The Property is part of a planned community as defined by w3i ~;, '"' the Uniform Planned Community Act (see Information Regarding Condominiums and Planned Communities). §5407(a) of the Act requires 4 „fr <;3; Seller to furnish Buyer with a copy of the Declaration (other than plats and plans), the bylaws the rules and regulations of the association, and 43; 43~t a Certificate containing the provisions set forth in §5407(a) of the Act. 43~; 435 Buyer Initials: A/S-R Page 7 of 10 Seller Initials: T _____1 A/AC 435 ~;~~ THE FOLLOWING APPLIES TO PROPERTIES THAT ARE PART OF A CONDOMINIUM OR A PLANNED COMMUNITY. 436 (A) 'Within 15 DAYS from the Execution Date of this Agreement, Seller, at Seller's expense, will request from the association a Certificate of 437 Resale and any other documents necessary to enable Seller to comply with the relevant Act. The Act provides that the association is required to ~~~ _ . provide these documents within 10 days of Seller's request. ~~~ (B) Seller will promptly deliver to Buyer all documents received from the association. Under the Act, Seller is not liable to Buyer for the failure of 44~' ~y ~ the association to provide the Certificate in a timely manner, nor is Seller liable to Buyer for any incorrect information provided by the associ- ~~ =~=; % ation in the Certificate. ~~~ -~~ (C) The Act provides that Buyer may declare this Agreement VOID at any time before Buyer receives the association documents and for 5 days after ~~=~ receipt, OR until settlement, whichever occurs first. Buyer's notice to Seller must be in writing; upon Buyer declaring this Agreement void, all ~~~ deposit monies will be returned to Buyer according to the terms of paragraph 30 of this Agreement. ~"~ _ (D) If the association has the right to buy the Property (right of first refusal), and the association exercises that right, Seller will reimburse Buyer for ~~ ~~z, any costs incurred by Buyer for any inspections or certifications obtained according to the terms of the Agreement, and any costs incurred by Buyer 447 :.~~~ for: (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; (2) _Flood insurance and/or fire insurance with 44S ~~~ extended coverage, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees and charges paid in advance to mortgage lender(s). ~ fw9 21. MAINTENANCE & RISK OF LOSS (9-OS) ~~~ <~~~ (A) Seller will maintain the Property, grounds, fixtures and personal property specifically listed in this Agreement in its present condition, normal ~~~ ~~~ wear and tear excepted. 452 ~~,~ (B) If any system or appliance included in the sale of the Property fails before settlement, Seller will: 453 ~~~ 1. Repair or replace the failed system or appliance before settlement, OR ~~~ ~~~ 2. Provide prompt written notice to Buyer of Seller's decision to: 4:~5 ¢~~; a. Credit Buyer at settlement for the fair market value of the failed system or appliance, as acceptable to the mortgage lender(s), if any, OR 456 457 b. Not repair or replace the failed system or appliance, and not credit Buyer at settlement for the fair market value of the failed system 4~a7 458 or appliance. 458 459 3. If Seller does not repair or replace the failed system or appliance or agree to credit Buyer for its fair market value, or if Seller fails to noti- 459 46~ fy Buyer of Seller's choice, Buyer will notify Seller in writing within 5 DAYS or before settlement, whichever is earlier, that Buyer 46a 46~ will: 461 ~~~ a. Accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, OR 462 453 b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 463 464 30 of this Agreement. 464 465 (C) Seller bears the risk of loss from fire or other casualties until settlement. If any property included in this sale is destroyed and not replaced, Buyer will: 465 466 1. Accept the Property in its then current condition together with the proceeds of any insurance recovery obtainable by Seller, OR 466 467 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of 467 458 this Agreement. 468 469 22. COAL NOTICE (Where Applicable) 469 470 THIS DOCUMENT MAY NOT SELL;, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHTS OF SUPPORT UNDERNEATH THE SURFACE LAND 470 474 DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNEZS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL SUCH COAL AND 47t ~+'2 IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. (Th1S 472 473 notice is set forth in the manner provided in Section 1 of the Act of July 17, 1957, P.L. 984.) "Buyer acknowledges that he may not be obtaining the 473 474 right. of protection against subsidence resulting from coal mining operations, and that the property described herein may be protected from damage 474 475 due to mine subsidence by a private contract with the owners of the economic interests in the coal. This acknowledgement is made for the purpose 475 470 of complying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of Apri127, 1966:' Buyer agrees 476 477 to sign the deed from Seller which deed will contain the aforesaid provision. 477 478 23. POSSESSION (9-05) 478 479 (A) Possession is to be delivered by deed, keys and: 479 480 1. Physical possession to vacant Property free of debris, with all structures broom-clean, at day and time of settlement, AND/OR 480 481 2. Assignment of any existing lease(s), together with any security deposits and interest, at day and time of settlement, if Property is leased at 48t 482 the execution of this Agreement, unless otherwise stated in this Agreement. 482 483 (B) Buyer will acknowledge existing lease(s) by initialing the lease(s) at the execution of this Agreement, unless otherwise specified herein. 483 4$4 (C) Seller will not enter into any new leases, extensions of existing leases or additional leases for the Property without the written consent of Buyer. 484 485 24. RECORDING (9-OS) This Agreement will not be recorded in the Office of the Recorder of Deeds or in any other office or place of public record. 485 486 If Buyer causes or permits this Agreement to be recorded, Seller may elect to treat such act as a breach of this Agreement. 486 48i 25. ASSIGNMENT (9-OS) This Agreement is binding upon the parties, their heirs, personal representatives, guardians and successors, and to the extent 487 4.88 assignable, on the assigns of the parties hereto. Buyer will not transfer or assign this Agreement without the written consent of Seller unless other- 488 489 wise stated in this Agreement. .tgL- 499 26. GOVERNING LAW, VENUE & PERSONAL JURISDICTION (9-OS) 49Q ~t9~ (A) The validity and construction of this Agreement, and the rights and duties of the parties, will be governed in accordance with the laws of the 49"€ 492 Commonwealth of Pennsylvania. qg2 493 (B) The parties agree that any dispute, controversy or claim arising under or in connection with this Agreement or its performance by either party 493 494 shall be decided exclusively by and in the state or federal courts sitting in the Commonwealth of Pennsylvania. 494 4s5 27. RELEASE (9-OS) 495 49. Buyer releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES and any OFFICER or a96 X97 PARTNER of any one of them and any other PERSON, FIRM or CORPORATION who may be liable by or through them, from any and a~7 ~~?~ all claims, losses or demands, including, but not limited to, personal injury and property damage and all of the consequences thereof, whether aQ =~'~~ known or not, which may arise from the presence of termites or other wood-boring insects, radon, lead-based paint hazards, mold, fungi or 4gra ~n3 indoor air quality, environmental hazards, any defects in the individual on-lot sewage disposal system or deficiencies in the on-site water sere- ~~9 5~'~~ ice system, or any defects or conditions on the Property. Should Seller be in default under the terms of this Agreement, or in violation of any 55t ~~~~~ seller disclosure law or regulation, this release does not deprive Buyer of any right to pursue any remedies that may be available under law 57v 5r,:.; or equity. This release will survive settlement. S93 5j~4 Buyer Initials: A/S-R Page 8 of 10 Seller Initials: '° ~-------"'~ T _ _ __ _. _ _1 A /A t. 5Q~ 505 546 5D7 5cs 5t~,9 Csi 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 544 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 55rs 557 555 559 56{} 561 5fi2 563 564 565 566 567 5;;s 569 57J 571 REPF,ESENTATIONS (9-OS) 505 (A) All representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seller, Brokers, their licensees, employ- 505 ees, officers or partners are not a part of this Agreement unless expressly incorporated or stated in this Agreement. This Agreement contains the 5j.~7 whole agreement between Seller and Buyer, and there are no other terms, obligations, covenants, representations, statements or conditions, oral 5u¢ or otherwise, of any kind whatsoever concerning this sale. This Agreement will not be altered, amended, changed or modified except in writing 5u9 executed by the parties. 51z= (B) Unless otherwise stated in this Agreement, Buyer has inspected the Property (including fixtures and any personal property specifically X11 listed herein) before signing this Agreement or has waived the right to do so, and agrees to purchase the Property IN ITS PRESENT 5?2 CONDITION. Buyer acknowledges that Brokers, their licensees, employees, officers or partners have not made an independent exam- 5i3 ination or determination of the structural soundness of the Property, the age or condition of the components, environmental conditions, 51=1 the permitted uses or of conditions existing in the locale where the Property is situated; nor have they made a mechanical inspection of 5l5 any of the systems contained therein. 515 (C) Any repairs required by this Agreement will be completed in a workmanlike manner. 517 (D) Broker(s) have provided or may provide services to assist unrepresented parties in complying with this Agreement. 518 DEFAULT (9-OS) 519 (A) Seller has the option of retaining all sums paid by Buyer, including the deposit monies, should Buyer: 520 1. Fail to make any additional payments as specified in paragraph 3, OR 521 2. Furnish false or incomplete information to Seller, Broker(s), or any other party identified in this Agreement concerning Buyer's legal or 522 financial status, OR 523 3. Violate or fail to fulfill and perform any other terms or conditions of this Agreement. 524 (B) Unless otherwise checked in paragraph 29 (C), Seller may elect to retain those sums paid by Buyer, including deposit monies: 525 1. On account of purchase price, OR 526 2. As monies to be applied to Seller's damages, OR 527 3. As liquidated damages for such breach. 528 (C) C7~'`' SELLER IS LIMITED TO RETAINING SUMS PAID BY BUYER, INCLUDING DEPOSIT MONIES, AS LIQUIDATED DAMAGES. 529 (D) If Seller retains all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to paragraph 29 (B) or (C), Buyer and Seller 53D aze released from further liability or obligation and this Agreement is VOID. 531 TERA~IINATION & RETURN OF DEPOSITS (9-05) 532 (A) Where Buyer terminates this Agreement pursuant to any right granted by this Agreement,. all deposit monies paid on account of purchase price 533 will be returned to Buyer and this Agreement will be VOID. The broker holding the deposit monies may only release the deposit monies accord- 534 ing to the terms of a fully executed written agreement between Buyer and Seller and as pemutted by the Rules and Regulations of the State Real 535 Estate Commission. 536 (B) If there is a dispute over entitlement to deposit monies, a broker is not legally permitted to determine if a breach occurred or which party is enti- 537 tied to deposit monies. A broker holding the deposit monies is required by the Rules and Regulations of the State Real Estate Commission to 538 retain the monies in escrow until the dispute is resolved. In the event of litigation over deposit monies, a broker will dists7bute the monies accord- 539 ing to the terms of a final order of court or a written agreement of the parties. Buyer and Seller agree that, if any broker or affiliated licensee is 540 joined in litigation regarding deposit monies, the attorneys' fees and costs of the broker(s) and licensee(s) will be paid by the party joining them. 541 REAL ESTATE RECOVERY FUND (9-OS) 542 A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real estate licensee 543 owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been unable to collect the judgment after exhausting all legal 544 and equitable remedies. For complete details about the Fund, call (717) 783-3658 or (800) 822-2113 (within Pennsylvania) and (717) 783-4854 (out- 545 side Pennsylvania). 546 MEDIATION (9-OS) 547 (A) Unless otherwise checked in paragraph 32 (D), Buyer and Seller will submit all disputes or claims that arise from this Agreement to mediation 548 in accordance with the Rules and Procedures of the Home Sellers/Home Buyers Dispute Resolution System. Any agreement reached through 549 mediation and signed by the parties will be binding (see Information Regarding Mediation). 550 (B) Buyer and Seller have received, read, and understand the Rules and Procedures of the Home Sellers/Home Buyers Dispute Resolution System. 551 (C) Any agreement to mediate disputes or claims arising from this Agreement will survive settlement. 552 (D) ,,C-~``~MEDIATION IS WAIVED. Buyer and Seller understand that they may choose to mediate at a later date should a dispute or claim arise, 553 but that there will be no obligation for any party to do so. 554 RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT NOTICE (Required for properties built before 1978) (9-OS) 555 Lead-Based Paint Hazards Disclosure Requirements: The Residential Lead-Based Paint Hazard Reduction Act requires any seller of prop- 556 erty built before 1978 to provide the buyer with anEPA-approved lead hazards information pamphlet titled Protect Your Family from Lead in Your 557 Home and to disclose to the buyer and the broker(s) the known presence of lead-based paint and/or lead-based paint hazards in or on the proper- 558 ty being sold, along with the basis used for determining that the hazards exist, the location of the hazards, and the condition of painted surfaces. 553 Any seller of a pre-1978 structure must also provide the buyer with any records or reports available to the seller regarding lead-based paint and/or 580 lead-based paint hazards in or about the property being sold, the common areas, or other residential dwellings in multi-family housing. Before a 551 buyer is obligated to purchase any housing constructed prior to 1978, the Act requires the seller to give the buyer 10 days (unless buyer and sell- 5:s2 er agree in writing to another time period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint 563 hazards. The opportunity to conduct a risk assessment or inspection may be waived by the buyer, in writing. Neither testing nor abatement is 564 required of the seller. Housing built in 1978 or later is not subject to the Act. 565 23. 29. 30. 31. 32. 33. ^ NOT APPLICABLE. Property was built in 1978 or later. ^~APPLICABLE. Property was built before 1978. Broker must attach the Lead-Based Paint Hazards Disclosure and Inspection Contingency Addendum (PAR Form LPA) or another acceptable form with the information required by the Act, and provide Buyer the pamphlet Protect Your Family from Lead in Your Home. Buyer(s) must initial below that they have received both documents: ~~ Lead-Based Paint Hazards Disclosure and Inspection Contingency Addendum (attached as part of this Agreement). ~~ Protect Your Family from Lead in Your Home 572 Buyer Initials: A/S-R Page 9 of 10 Seller Initials: ~ ~~ Anviena ~//1C 56f~ 567 5<<8 a£i~ ur3 571 572 73 34. SPECIAL CLAUSES (1-02) 573 74 (A) The following are part of this Agreement if checked: .574 'S ^ Sale & Settlement of Other Property ^ Settlement of Other Property Contingency Addendum (PAR Form SOP) 575 {'~ Contingency Addendum (PAR Form SSP) ^ Tenant-Occupied Property Addendum (PAR Form TOP) 576 77 ^ Sale & Settlement of Other Property Contingency ^ 577 7a with Right to Continue Marketing ^ 575 79 Addendum(PAR Form SSP-CM) ^ 579 a0 (B) Sao ?1 581 82 - 582 83 ~ c:--r - -- :.. - 583 8~3 .__ . ~ 584 85 - 585 8& . ' , .- .- . - ~ ,:.` _ _ .. __ .. ,.. 586 S7 , _ _ _ _ :. 587 88 588 89 589 ~ 590 91 591 92 592 93 593 94 594 95 595 96 596 97 597 ?s Buyer and Seller acknowledge receipt of a copy of this Agreement at the time of signing. 598 99 NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Parties to this transaction are advised to consult 599 00 an attorney before signing if they desire legal advice. 5Q0 01 Return by facsimile transmission (FAQ of this Agreement, and any addenda and amendments, bearing the signatures of all parties, consfitutes 601 02 acceptance by the parties. 602 os ^ .Buyer has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336. 603 ~~ ^ Buyer has received a statement of Buyer's estimated closing costs before signing this Agreement. 604 05 ^ Buyer has read and understands the notices and explanatory information in this Agreement. 605 ^ Buyer has received a Seller's Property Disclosure Statement before signing this Agreement, if required by law (see Information Regarding 506 07 the Real Estate Seller Disclosure Law). 607 08 ^ Buyer has received the Deposit Money Notice (for cooperative sales when Broker for Seller is holding deposit money) before signing this 608 09 Agreement. 509 1o BUYER'S MAILING ADDRESS: s1a 11 511 WITNESS BUYER DATE ~ 3 WITNESS BUYER DATE t4 WITNESS BUYER DATE 'S ^ Seller has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336. i6 ^ Seller has received a statement of Seller's estimated closing costs before signing this Agreement. ~? ^ Seller. has read and understands the notices and explanatory information in this Agreement. to SELLER'S MAILING ADDRESS: t ,~ ;. ~~0 WITNESS ~~ ' - _' .,~ ;: a ~----__ SELLER ~ DATEE ~~ WITNESS SELLER ~ DATE ~` WITNESS SELLER DATE A/S-R Page 10 of 10 Revised 9/05 _ 612 513 614 615 616 617 616 619 620 621 622 s';,a_.~ ~ ~'.i .., dY`l~s~b ty ~~`~ ~ ak': a ~ ,sa~ ~ r .-a"i~.. i iia`:; ,. - SELLER' ~ ~ - - _ __ _,.- _; _- Y ~ .- ,._ , r BAYER ;. _. _ , -., _ „ . ." ~ - ---- _ _... DATE OF AGREEMENT 1. SELLER'S DISCLOSURE Seller has no knowledge concerning the presence of lead-bused paint ar~dfar lead-based paint ltaza-rds in yr about tl~e Property, unless checked below. ^ Seller has knowledge of the presence of lead-based paint and%vr lead-based paint hazards in ~~r al~o~~t tl~e F'rc>perty. (Prvvide tl.~ t~asis for determining that lead-based paint and/or hazards exist, the location(s), t}:e condition of the painted surfaces, and other available informa- tion concerning Seller's knowledge of t)'ie presence of lead-based paint arid,!or lead-based paint hazards.) ___ 2. SELLER'S RECORDS/REPORTS Seller has no records or reports pertaining to lead-based paint and/or lead-based paint hazards in or about the Property, unless checked below. ~''' ^ Seller has provided Buyer with all available records and reports regarding lead-based paint and~'or lead-based paint hazards in or about the Property. (List documents): 3. BUYER'S ACKNOWLEDGMENT Buyer has received the pamphlet Protect Your Family fiom Lead in .Your Horne and has read the Lead Warning Statement on the front of this form. Buyer has reviewed Seller's disclosure of known lead-based paint and/or lead-based paint hazards in paragraph 1 and has received the records and reports regarding lead-based paint and~'or lead-based paint hazards identified in paragraph 2. 4. LEAD-BASED PAINT ASSESSMENT/INSPECTION CONTINGENCY Buyer acknowledges that before Buyer is obligated to buy a residential dwelling built before 1978, Buyer has 10 DAYS (unless otherwise nego- tiated) to conduct a risk assessment and/or inspection of the Property for the presence of lead-based paint and/or lead-based paint hazards. ~£l WAIVED. Buyer understands that Buyer has the right to conduct a risk assessment andlor inspection of the Property to determine the pres- ence of lead-based paint and/or lead-based paint hazards. BUYER WAIVES THIS RIGHT and agrees to the terms of the RELEASE para- graph of this Agreement. ° ^ ELECTED. Contingency Period: 10 days from the Execution Date of this Agreement. (A) Within the Contingency Period, Buyer, at Buyer's expense, may choose to obtain a risk assessment and/or inspection of the Property for lead-based paint and/or lead-based. paint hazards. (B) Within. the Contingency Period, Buyer may deliver to Seller a written list of the specific hazardous conditions cited. in the report and those corrections requested by Buyer, along with a copy of the risk assessment and/or inspection report. (C) Seller may, within 7 DAYS of receiving the list and reports}, submit a Written Corrective Proposal ("Proposal") to Buyer. The Proposal. will include, but not be limited to, the corrections to be performed, the name of the remediation company and a projected completion date for corrective measures. Seller will provide certification from a risk assessor or inspector that corrective measures have been satisfactorily completed on or before the projected completion date. (D) If Seller submits a Proposal, Buyer will, within 5 DAYS: 1. Accept the Proposal and the Property in writing, and agree to the terms of the RELEASE paragraph of this :Agreement, OR 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of the TER- MINATION & RETURN OF DEPOSITS paragraph of this Agreement. (E} If Seller does not submit a Proposal within the time set forth in paragraph (C) above, Buyer will, within 5 DAYS: 1. Accept the Property in writing, with the information stated in the reports} and agree to the terms of the RELEASE paragraph of this Agreement, OR 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to-Buyer according to the terms of the TER- MINATION & RETURN OF DEPOSITS paragraph of this Agreement. - If Buyer fails to exercise any of Buyer's options or to terminate this Agreement within. any of the tune periods stated in this para- graph, Buyer will accept the Property and agree to the terms of the RELEASE paragraph of this Agreement. 5. BROKERS'/LICENSEES' CERTIFICATIONS The undersigned Licensees involved in this transaction, on behalf of themselves and their brokers, certify that their statements are true to the best of their knowledge and belief. The Licensees involved in this transaction have informed Seller of Seller's obligations under the Residential Lead-Based Paint Hazard Reduction Act, 42 U.S.C. §4852(d), and are aware of their respon- sibility to ensure compliance. 6. BUYER/SELLER CERTIFICATION By signing this Addendum, Buyer and~Seller certify the accuracy of their respective statements, to the best of their knowledge. `~ :, •~6 i WITNESS BUYER `~ ~ `' ~ DATE WITNESS BUYER DATE WITNESS BUYER DATE WITNESS ~:~ , . -. ~- ~ .- r~ ---~ SELLER _ ~ DATE .~ - r ,~ , WITNESS SELLER t '` - ' - DATE r WITNESS SELLER --~ - ~' ! DATE BROKER FOR SELLER (Company Name) ACCEPTED BY DATE ~.. BROKER FOR BUYER (Company Name) ` ' - ACCEPTED BY ~ DATE LPA Page 2 of 2 ~,. Set~len~tent Statement [] T.,.....,f 1 .,..n U.S. Department of Housing and Urban Development nnna e.,...,,,,~1 nl., ~~n~_n~a~ 1. ^FHA 2. ~FmHA 3. QConv. Unins. 6. File Number 4. pVA 5. ~Conv.lns. 10-32543BSSLC 7, Loan Number 8. Mortgage Insurance Case Number is orm Is umis e o glue you a s a emen o ac ua se emen cos s. oun pal an y e se amen agen are s own. C. NOte: Items marked "(p.o.c.)"were paid outside the closing; they era shown here for information purposes and are not inGuded in the totals. WARNING: It is a crime to knowingly make false statements tD the United States on this or any other similar form. Penalties upon conviction can include a tine and im risonment For details see: Title 18 u. S. Code Section 1po1 and Section 1010. TItIeEXpreSS Settlement System Pflnted 11104/201 O at 12:17 LJC D. NAME OF BORROWER: LATITUDE 17, LLC ADDRESS: 100 HIGHLAND DRIVE LITITZ PA 17543 E. NAME OF SELLER: ESTATE OF ALTHEA R. SHOWALTER ADDRESS: CIO JAMES D. BOGAR ESQUIRE ONE WEST MAIN STREET SHIREMANSTOWN PA 17011 F. NAME OF LENDER: ADDRESS: G. PROPERTY ADDRESS: 103 & 109 FULTON STREET, AKRON, PA 17501 Akron Borou h H. SETTLEMENT AGENT: Barrister's Settlement Services, 131 Centerville Road, Lancaster, PA 17603 PLACE OF SETTLEMENT: One West Main Street Shiremanstown PA 17011 Lancaster PA 17603 I. SETTLEMENT DATE: 11105!2010 J. SUMMARY OF BORROWER'S TRANSACTION: K. SUMMARY OF SELLER'S TRANSACTION: 100. GROSS AMOUNT DUE FROM BORROWER 400. GROSS AMOUNT DUE TO SELLER 101. Contract sales rice 245 000.00 401. Contract sales rice 245 000.00 102. Personal Pro ert 402. Personal Pro ert 103. Settlement char es to borrower line 1400 4 309.63 403. 104. 404. 105. 405. Ad'ustments for items aid b seller in advance Ad'ustments for items aid b seller in advance 106. Cit liown taxes 11105110 to 12131110 78.76 406. Cit (town taxes 11105110 to 12131/10 78.76 107. Count taxes 11105110 to 12131110 134.53 407. Count taxes 11105110 to 12131110 134.53 108. School Taxes 11105110 to 06130111 3 042.85 408. School Taxes 11105/10 to 06/30111 3 042.85 109. 409. 110. 410. 111. 411. 112. 412. 120. GROSS AMOUNT DUE FROM BORROWER 252 565.77 420. GROSS AMOUNT DUE TO SELLER 248 256.14 200. AMOUNTS PAID BY OR ON BEHALF OF BOR ROWER 500. REDUCTIONS IN AMOUNT DUE TO SELLER 201. De osit or earnest move 10 000.00 501. Excess De osit see instructions 10 000.00 202. Princi al amount of new loans 502. Settlement char es to seller line 1400 3 392.19 203. Existin loans taken sub'ect to 503. Existin loan s taken sub'ect to 204. 504. Pa off of First Mort a e Loan 205. 505. 206. 506. 207. 507. 208. 508. 209. 509. Ad'ustments for items un aid b seller Ad'ustments for items un aid b seller 213. 513. 214. 5'Y4. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220. TOTAL PAID BYIFOR BORROWER 10 000.00 520. TOTAL REDUCTION AMOUNT DUE SELLER 13 392.19 300. CASH AT SETTLEMENT FROM OR TO BORROWER 600. CASH AT SETTLEMENT TO OR FROM SELLER 301. Gross amount due from borrower line 120 252 565.77 601. Gross amount due to seller line 420 248 256.14 302. Less amounts aid b /for borrower line 220 10 000.00 602. Less reduction amount due seller line 520 13 392.19 303. CASH FROM BORROWER 242 565.77 603. CASH TO SELLER 234 863.95 SUBSTITUTE FORM 1099 SELLER STATEMENT: The information contained herein is important tax information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanGion wilt be imposed on you if this item is required to be reported and the IRS determines that it has not been reported. The Contract Sales Price described on line 401 above constitutes the Gross Proceeds of this transaction. You are required by law to provide the settlement agent (Fed. Tax ID No: )with your cored taxpayer identification number. If you do not provide your correct taxpayer identification number, you maybe subject to civil or criminal penalties Imposed bylaw. n er penal as o perjury, { cerU(y that the number shown on this statement is my correct taxpayer identification number. TIN: / SELLER(S) SIGNATURE(S): / SELLER(S) NEW MAILING ADDRESS: SELLER(S) PHONE NUMBERS: (H) (W} U.V. VL~ I'll\IIVILIYI VI IIVVVIIYV/11VV V1\Ur11Y ULVCLVrIYILIVI rIICIVUI11UCl. IV-JLJYJUJJ YHlot L 4FTT1 FMFNT STATEMENT TitleExDress Settlement Svstem Printed 1110412010 at 12:17 LJC L. SETTLEMENT CHARGES PAID FROM PAID FROM 700. TOTAL SALES/BROKER'S COMMISSION based on rice $245 000.00 = BORROWER'S SELLER'S Division of commission line 700 as follows: FUNDS AT FUNDS AT 701. $ t0 SETTLEMENT SETTLEMENT 702. $ io 703. Commission aid at Settlement 800. ITEMS PAYABLE IN CONNECTION WITH LOAN 801. Loan Ori inaiion Fee 802. Loan Discount 803. A raisal Fee 804. Credit Re ort 805. 806. 807. 808. 809. 810. 811. 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901. Interest From to Ida 902. Mort a e Insurance Premium for to 903. Hazard Insurance Premium for to 904. 905. 1000. RESERVES DEPOSITED WITH LENDER FOR 1001. Hazard Insurance mo. Imo 1002. Mort a e Insurance mo. Imo 1003. Cit Pro art Tax mo. 42.03 Imo 1004. Count Pro art Tax mo. 71.79 Imo 1005. School Taxes mo. 388.88 Imo - 1009. A re ate Anal sis Ad'ustment 0.00 0.00 1100. TITLE CHARGES 1101. Settlement or closin fee 1102. Abstract or title search 1103. Title examination 1104. Title insurance binder 1105. Document Pre oration to Barrister's Settlement Services 55.00 1106. Note Fees to Nota Public 5.00 10.00 1107. Attorne 's fees includes above items No: 1108. Title Insurance to New Jerse Title Insurance Com an 1 742.13 includes above items No: 1101-1104' 1108 Basic Rate 1109. Lender's Polic 1110. Owner's Polic 245 000.00 -1742.13 1111. 1112. 1113. 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recordin Fees Deed 57.50 • Mort a e $ • Release $ 57.50 1202. Cit /Count tax/stem s Deed $2 450.00 • Mort a e 2 450.00 1203. State Tax/stam s Deed 2 450.00 • Mort a e 2 450.00 1204. 1205. 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Document Download Fee to Barrister's Settlement Services 1302. Final Water & Sewer to Akron Borou h 902.19 1303. Shi in & Handlin Fee to UPS 1304. Count /Munici at Tax Cert. Fee to Wa ne Reber Jr. 10.00 1305. School Tax Cert. Fee to E hrata Area School District 20.00 1306. 1307. 08. 140 . TOTAL SETTLEMENT CHARGES enter on lines 103 Section J and 502 Section K 4 309.63 3 392.19 HUD CERTIFICATION OF BUYER AND SELLER I hav car fully r vie ed the HUD-1 Settle ant Statement and to the best of my knowledge and belief, It is a We and accurate statement of all receipts and disbursements made on my account or by me in this ran Ilion. I fu her certify t t I have ceived a copy of the HUD-1 Settlement Statement. ~TATE~F'ALVVACT6 I WARNING: IT IS A CRIME TO KNOWINGLY MAKE FALSE STATEMENTS TO THE I The HUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction. UNITED STATES ON THIS OR ANY SIMILAR FORM. PENALTIES UPON CONVICTION 1 h caused or will cause the funds to be disbursed in ac rdanc with this statement. CAN INCLUDE A FINE AND IMPRISONMENT. FOR DETAILS SEE TITLE 18: U.S. CODE SECTION 1001 AND SECTION 1010. ~ ~ / / By: OA Tax Parcel No. 0201887100000 103 and 109 Fulton Street Borough of Akron, Lancaster County Akron, Pennsylvania THIS INDENTURE, MADE THE 5 ~'` day of 1..9 , two thousand ten (2010) BE~''WEEN SANDRA G . SHOWALTER, Executrix of the Last Will and Testament of ALTHEA R. SHOWA:LTER, late of Carlisle, Cumberland County, Pennsylvania, party of the first part, and LATITUDE 17, LLC, having a principal business address of 100 Highlands Drive, Suite 200, Lititz, Lancaster County, Pennsylvania, party of the second part: WHEREAS, the said ALTHEA R. SHOWALTER by her Last Will and Testament, duly proved and recorded in the Cumberland County Register of Wills Office, Pennsylvania, in Docket Book 21--10- 0899, Letters Testamentary being issued on September 1, 2010, provided, in pertinent part, as follows: SECOND: In addition to all powers granted to them by law and by other provisions of this Will, I give the fiduciaries acting hereunder the following powers, applicable to all property, exercisable without court approval and effective until actual distribution of all property: (A) To sell at public or private sale, or to lE~ase, for any period of time, any real or personal property and to give options for sales, exchanges or leases, for sucri prices and upon such terms (including credit, with or without security) or conditions as are deemed proper... Fourth: I nominate and appoint my son, THOMAS H. SHOWALTER, Executor of this, my Last Will and Testament. In the event of the death, resignation or inability to serve for any reason whatsoever of the said THOMAS H. SHOWALTER, I nominate and appoint my daughter-in-law, SANDRA G. SHOWALTER, Executrix of this, my Last Will and Testament... THE said THOMAS H. SHOWALTER renounced his rights as the Executor, which Renunciation was properly filed with the Cumberland County Register of Wills Office. As a result thereof, SANDRA G. SHOWALTER, is the duly qualified Executrix. NOW THIS INDENTURE WITNESSETH, that the said party of the first part, by virtue of the power and authority aforesaid, in said Will contained, and in consideration of the surn of Two Hundred Forty-five Thousand and 00/100 Dollars ($245,000.00) to her paid by the said party of the second part, at and before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold and conveyed, .and does hereby grant, bargain, sell and convey to the said party of the second part, its successors and assigns forever: PARCEL NO. 1: ALL THAT CERTAIN tract or parcel of land situated at Akron Railroad Station, in the Borough of Akron, Lancaster County, Commonwealth of Pennsylvania, more particularly bounded and described, as follow to wit: BEGINNING at an iron pin in the middle of Fulton Street; THENCE in and along said street, North 14% degrees West, a distance of eleven and twenty-two one-hundredths (11.22) perches to a point in the middle of the Reading and Columbia Railroad track and said Fulton Street; THENCE along the middle of said railroad track, North 77 degrees East, a distance of thirteen and twenty-f=ive one-hundredths (13.25) perches to a point in the middle of: said railroad track; THENCE in and along the middle of a sixteE~n (16) foot wide alley and by land now or formerly of Fred TiVeidman, South 13 degrees East, a distance of eleven and sixty-two one- hundredths (11.62) perches to an iron pin; THENCE by land now or formerly of A. N. Wolf, South 79 degrees West, a distance of twelve and eighty-four one-hundredths (12.84) perches to t:he place of BEGINNING. -2- CONTAINING one hundred and forty-eight (148) perches of 1<~nd. BEING THE SAME PREMISES WHICH Henry S. Showalter, widower, by deed dated March 1, 1957 and recorded March 4, 1957 in the Office of the Recorder of Deeds of Lancaster County at Deed Book "N", Volume 45, Page 39, granted and conveyed unto Henry J. Showalter and Althea R. Showalter, his wife. The said Henry J. Showalter died on June 18, 2003 whereupon full and complete title to the within described real estate became vested solely in Althea R. Showalter. The said Althea R. Showalter died August 18, 2010. TRACT NO. 2: ALL THAT CERTAIN tract or parcel of land situate along Front Street in the Borough of Akron, Lancaster County, Commonwealth of Pennsylvania, more particularly bounded and described, as follow to wit: BEGINNING at an iron pin in the middle of Front Street at the middle of a sixteen (16) foot wide reserved alley; THENCE by other land now or formerly of Henry J. Showalter and along the middle of the said sixteen (16) foot reserved alley, North 13 degrees West, a distance of two hundred thirty-four and forty- seven one-hundredths (234.47) feet to a point in the middle of the Reading Company Railroad; THENCE along the middle of :said railroad, North 77 degrees East, a distance of sixty-seven and sixteen one-hundredths (67.16) feet to a point in the middle of said railroad; THENCE by land now or formerly of Henry J. Showalter, South 13 degrees and 52 minutes East, a distance of two hundred thirty-four and forty-seven one-hundredths (234.47) feet in the middle of Front Street; THENCE in and along the middle of said Front Street, South 77 degrees West, a distance of sixty-seven and sixteen one-hundredths (67.16) feet to the place of BEGINNING. CONTAINING fifty-seven (57) perches of land. BEING THE SAME PREMISES WHICH Henry S. Showalter, widower, by deed dated March 1'7, 1955 and recorded March 25, 1955 in the Office of the Recorder of Deeds of Lancaster County at Deed Book "B", Volume 44, Page 594, granted and conveyed unto Henry J. Showalter and Althea R. Showalter, husband and wife. The said Henry J. Showalter died on June 18, 2003 whereupon full and complete title to the within described real estate became vested solely in Althea R. Showalter. The said Althea R. Showalter died August 18, 2010. -3- TRACT NO. 3: ALL THAT CERTAIN tract or parcel of land lying South of tree Reading and Columbia Branch of the Reading Company Railroad and East of Fulton Street, situate in the Borough of Akron, Lancaster County, Commonwealth of Pennsylvania, more particularly bounded and described, as follow to wit: BEGINNING at the northwest corner thereof, a point in Fulton Street, in Akron Borough, and being located one hundred ei_ghty- five and thirteen one-hundredths (185.13) feet southward from the center of the Reading and Columbia Railroad; THENCE by land now or formerly of Henry S. Showalter, North 79 degrees East, a distance of two hundred eleven and eight tenths (211.8) feet to an iron pin; THENCE by the same, South 13 degrees East, a distance of forty-two and seven tenths (42.7} feet to a stake; THENCE by the same, North 77 degrees East, a distance of ~~ixty- seven (67) feet to a stake; THENCE still continuing by land now or formerly of Henry S. Showalter, North 13 degrees West, a distance of two hundred thirty-four and five tenths (234.5) feet to a point in the center of the aforesaid Reading and Columbia Railroad; THENCE along the center of said railroad, North 77 degrees East, a distance of one hundred forty-two and five tenths (142.5} feet to a point; THENCE by land now or formerly of Elta W. Miller and Orie 0. Miller, South 13 degrees and 52 minutes East, a distance of two hundred sixty-four (264) feet to an iron pin at the East side of a tree; THENCE continuing by other_ lands now or formerly of Millers, South 76 degrees 58 minutes West, a distance of four hundred sixteen (416) feet to a point in Fulton Street aforesaid, having crossed through an iron pin set <~long the East side of Fulton Street and thirty (30) feet from i~he. terminus of this course; THENCE alang Fulton Street, North 14 degrees 30 minutes West, a distance of eighty-one (81) feE.t to the place of BEGINNING. CONTAINING one- (1) acre and forty-three and one-half (433:) perches strict measure as per draft of survey made by Howard H. Ranck, Registered Surveyor, on May 4th, 1954. BEING THE SAME PREMISES WHICH Elta W. Miller and Orie 0. Miller, her husband, by deed dated July 29, 1954 and recorded July 29, 3954 in the Office of the Recorder of Deeds of Lancaster County at Deed Book "T", Volume 43, Page 325, granted and conveyed unto Henry J. Showalter and Althea R. Showalter, husband and wife. The said Henry J. Showalter died on June 18, 2003 whereupon full -4- and complete title to the within described real estate became vested solely in Althea R. Showalter. The said Althea R. Showalter died August 18, 2010. TOGETHER with all and singular the rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging or in anywise appertaining, and the reversions and remainders, rents, issues and profits ther eof, and all the estate, right, title, interest, property, claim and demand whatsoever of the said Althea R. Showalter at and immediately before the tune of her decease, in law or equity or otherwise howsoever, of, in, to or out of the same: TO HAVE AND TO HOLD the said granted premises to the said party of the second part, her heirs and assigns forever. AND the said party of the first part, does covenant, promise, grant and agree, to and with the said party of the second part, its successors and assigns, by these presents, that the said party of the first part, has not done, committed, or knowingly or willingly suffered to be done, any act, matter or thing what- soever, whereby the premises aforesaid, or any part thereof, is, are, shall or may be charged or encumbered, in title, charge or estate, or otherwise howsoever. IN WITNESS WHEREOF, the said party of the first part has hereunto set her hand and seal the day and year above written. Signed, Sealed and Delivered in the Presence of D~ / ~ '{,~ .c:,.4't ( SEAL ) SANDRA G. SHOWALTER, Executrix of the Estate of ALTHEA R. SHOWALTER -5- COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF . On this, the ~~ day of~~~~~, 2010, before me the undersigned officer, personally appeared SANDRA G. SHOWALTER, Executrix of the Estate of ALTHEA R. SHOWALTER, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same in the capacity therein stated and for the purposes therein contained. seal. YLVANIA blic County 5, 2012 of iVotaries CERTIFICATE OF RESIDENCE I do hereby certify that the precise residence and complete post office address of the within named grantee is ~ ~ ~ ~~ ~(~ El LflN.~.,$ ~~ ~ ~ 2010 Attorney/Agent for IN WITNESS WHEREOF, I hereunto set my hand and official COMMO(WVEAL7M O~ PENNY Notarial Seal Linda J. Cunrod, Notary Pu East Hempfield 7wp., Lancaster My Commission Expires June 2 Member, Pennsylvania Association (SEAL ) Nota y Publ c My ommission Expires: -6- Rev-1508 EX+ (6-98) SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Showalter. Althea R. 21-10-0899 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with the right of survivorship must be disclosed on schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1 Members 1st Federal Credit Union -Savings Account No. 343542-00. Principal balance at 378.21 date of death $378.16; accrued interest $0.05. 2 Members 1st Federal Credit Union -Savings Account No. 343541-00. Principal balance at 36,421.42 date of death $36,416.33; accrued interest $5.09. 3 Members 1st Federal Credit Union -Checking Account No. 343542-11. Principal balance at 6,999.17 date of death $6,998.85; accrued interest $0.32. 4 Members 1st Federal Credit Union -Checking Account No. 343541-11. Principal balance at 5,992.37 date of death $5,992.37; accrued interest $0.30. 5 MML Investor Services, Inc. Investment Account -Date of death balance $158061.00 158,061.00 6 Tractor -sold at private sale 400.00 7 Akron Borough -Sewer and water refund 586.42 8 Lititz Mutual Insurance Company -Refunds (not yet received) 118.00 9 Pennsylvania Department of Revenue - 2009 personal income tax refund 175.00 TOTAL (Also enter on Line 5, Recapitulation) I 209,131.59 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule E (Rev. 6-98) St MEMBERS 1St FEDERAL CREDIT UNION REGULAR SAVINGS ACCOUNT: Account Number/Suffix 343542-00 343541-00 Date Account Established 11 /21 /2008 11 /21 /2008 Principal Balance at Date of Death $378.16 $36,416.33 Accrued Interest to Date of Death $.05 $5.09 Total Principal and Accrued Interest $378.21 $36,421.42 game of Joint Owner NONE NONE CHECKING ACCOUNT: Account Number/Suffix 343542-11 343541-11 Date Account Established 11 /21 /2008 11 /21 /2008 Principal Balance at Date of Death $6,998.85 $5,992.07 Accrued Interest to Date of Death $.32 $.30 Total Principal and Accrued Interest $6,999.17 $5,992.37 Name of Joint Owner NONE NONE VISA CREDIT CARD ACCOUNT: Account Number Date Account Established Balance at Date of Death Name of Joint Cardholder 4672090000011635 11 /25/2008 $0.00 None MEMBERS 1ST FEDERAL CREDIT UNION ,~, Leigh- ne Stallings Lending Insurance Support Specialist September 14, 2010 Estate of: Althea R. Showalter Date of Death: 08/18/2010 Social Security Number: 202-16-6459 5000 Louise Drive P.O. Box 40 Mechanicsburg, Pennsylvania 17055 (800) 283-2328 wwwmemberslst.org Elwood & Associates, Inc. Tax & Financial Services JOSEPH J. ELWOOD, EA Enrolled to Practice Before the Internal Revenue Service November 2, 2010 James D. Bogar, Esq. One West Main Street Shiremanstown, PA 17011 Re: Estate of Althea R. Showalter Dear Mr. Bogar: This letter is being sent in response to yours date September 22, in which you requested some additional information. 1) Copies of the 2009 federal and PA personal income tax returns as well as the 2009 federal gift tax return are enclosed. 2) I understand the Aviva Insurance contract has been located and redeemed since the date of your letter. 3) The Allstate Life Insurance Company annuity #GA18844485 which was issued on April 25, 2005 is an IRA. I have not seen the original contract but must assume it was a rollover based upon the date it was issued. The value of that contract on August 18, 2010 was $117,63 8.25. Tom Showalter, as beneficiary of this policy, has decided to transfer it to his name and will use this resource as an additional source of income in the future. I have arranged for the documentation required to effect the transfer and set up the desired yearly distributions to be mailed to Tom. 4) The investment account held by MML Investors Services, Inc. contains 2,1.45 shares of Windstream Corporation stock, a Money Market Mutual Fund anal six different Municipal Bonds. I am enclosing a current printout of that account listing all of these holdings and showing the value of each of these investments as of August 18, 2010 which total $158,061.00. 900 Cavalry Road, Suite 1 • Carlisle, PA 17013-1622 Tel: (717) 241-6262 • Fax: (717) 243-9405 p. 2 James D. Bogar November 2, 2010 5) I have also identified an investment in a publicly traded limited partnership, Centerline Holding Company. However, I have not yet been able to determine its value as of August 18, or at the present time. Therefore, I have sent an inquiry to their Investor Relations office in New York and asked them to provide the required information to me just as soon as possible. I will, of course, relay it to you as soon as I have it. Please do not hesitate to contact me if you have any questions or need additional information on any of these matters. Very t ly yours, oseph J. Elwood, EA President Cc: Sandy Showalter ~ ;N 00 0~ ~n v ;~ 3 „ 3 j~ m 'cn .~ ~ ~- ~ ~ ~o io = ~ o ,,,., .fl ~ to ~, ~ ~ w .~ ~ jai o ~ ~ iZ c i3 s n. x N ':00 '~ '•Ut 'C1 j0 'G~ * ~ (D 'D D D j< rn !o O 'n ~' n ~ 'W ;01 N N i~ ,~ ~ a ~ (n W v' H !~ lD ~ rr ~ ~ v~ocnp cn~ocn D~D3 Drn~ N~~~ 3a~~c C'» ~ p~rn~ -<rn~n2 C~rnC G~pmD oN~m rnprnz ~ ~ rt ~ cn,~~-{ CnGoD ~~=z rncn<n ~opz =tnGO ~3 z ~ ~ rn~rn~ mmo0 ~rno~ ~DrnD n~rn~ n~rnz Nrn ~ ~' v, ~o3n ~Goz rn3ui0 z~.-~<-~i No<~ OWGn c ~ ~ ~ N-Prn~ ~,,a~~~ ~rniv3 morn Np~< Z~oz z m 'Gn cn oz(~ po D ~zuim U1 rn~ N D -{ rn~ ':m `~ oOH~ ~~\~ 3no~ ~zNn MoD C=~~ p 3 ~z 20n rn3 on zU1-z1 z~ ~~OD Cl C~ ~rr ~ 3 ,._.r zzo Z `-'rno-~ Z• (n zno= D O DG~W ~~_ ~~~~ ~(no,~ =o-I ~~oO -~v ~ iv o0 (na°,D porn ~ ~ ~=~D ~o~ nrn~cn -i ~ ctQn 'O ~ ui ~ zND -~~,~~ Oo= ~oz D~O~ D n ~n O O rnVO or' rnrn~D 3~~ MoD ~G\D ~ O ~. to ~ IoW rn== GNZ rnocn ~~C ~noC rn' 3 a rt o0 o G~ m N rn o p 'n \ ~ ~ --I ~ ~ _ N ,o O ~ o -ri=D ~~~' 2oNO2 rn < zNO~ rn = to ~ to < m ~o rn ~ cn UG ~ _ p CD . _._.. _. ~ ___ _ _ N !r-+ ;N ;~ ~ «O ~O ~O Ul j0 O W N ~ ~~.,~ IC - n • o ~o jo io ~o o ~ .~ ; h ;o ~ ~ ;O j0 10 i0 0 o N to ' ~;3 ~, ; ~ 'o io ~o to 0 0 0 ~o ~ ~ j0 ~O 10 IO O O V O wC i0 10 !O ,O IO IO O O ~. 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'-' ' lD lp l~ O t~ l~ -(fl, ~ ~'~ ~~ ~ ~D V V O 01 Ul ~ N ~. !c] C/~ N Cll Q1 O W U1 O V iro ~~ .J W (!1 O V ~ O O V in 00 O~ CO -p .. ~_....W .A O O C7 ~- i3 ,w ~ ~ ~ ~ W i~ N N :'s Ir~7 lD t~ l0 Cl1 00 l~ W V : If~D ~~ GO V U't O C!1 U1 N J~ 'rt A (I ~ Ul N t-~ W U1 l~ O 'C ~--1 V U1 I--~ ~-+ V O N i V i01 in i~ O O O O O O V .a] itD C _ _ _ _ __ __ _ _ _. __ _ ___ __ -N+ (ii Vn1 VnI N Vnf ~ ~ ~ `C ~ fD _- ~ ~C !C C iC 'C C N 10 O IO i~ i= O ~C j~ ~~ i~ i~ ~~ I~ O O i~ ;O ;O ~O i0 I~ ,a 10 i0 10 10 i0 IO ;O IN `G ~ '~ ir2 I~ I~ ~ i0 ~rt ~~ i~ i~ v I~ io, ~ j0 C C C C C C C ~~_ j~ O O O O O O O 7~ D O O O O O O ~ O !Q ;N' ~ ~ ~ ~ ~ ~ ~ ~ Itn LD ~ ~ ~ ~ ~ ~ ~ ~ ~ ;Q '? ~~ ~ ~ ~ ~ ~ Q -4 --~ ® ~ ~ ~ _. cA ~ ~ ° ~ ~' ~ i~ 0 0 ~~ err ~~ ;~ ~~ ro i~ ~I a o~ < r~ ~ d rt ~ ~ N' ~ N ~ vi V a ~ N ~ ~ ~ r o, ~ 2 H 3 O n ~ ~ D ~~ ~ ~ ~_ rn N h o a ,~ I~ ro ~ ~ '~ a ~ < N rt n. I~ c ~ ~ a c ~~ n O = A ~r h p Z o ~ ~ .. ~~ ~ . O n ~ c ~ 3 ~ rt ~ ~ N C 01 01 `y ~ ~ N . rt 'y rt 1D 3 rt y fD A O 11 N I~ ~ I~ ~, ~ ~ (D \O -' N rn~ ra o to O ~rt N O O D 3 in ~.~.. 0 0 CJ] ,-. . O 0 N Rev-1510 EX+ (6-98) SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Showalter, Althea R. 21-10-0899 This schedule must be completed and filed if the answer to any of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yes. ITEM NUMBER DESCRIPTION OF PROPERTY THE DATE OF R~ANSFERSATTACIiTA COP OF THE DEED ~OREREAL ESTATE. DATE OF DEATH VALUE OF ASSET °i° OF DECD'S INTEREST ( EXCLUSION IF APPLICABLE) TAXABLE VALUE 1 Allstate Life Insurance Company -Annuity No. 117,638.25 117,638.25 GA18844485. Date of death value $117,638.25. Thomas G. Showalter was the named beneficiary of this account. TOTAL (Also enter on Line 7, Recapitulation) I 117,638.25 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule G (Rev. 6-98) Elwood & Associates, Inc. Tax & Financial Services JOSEPH J. ELWOOD, EA Enrolled to Practice Before the Internal Revenue Service November 2, 2010 James D. Bogar, Esq. One West Main Street Shiremanstown, PA 17011 Re: Estate of Althea R. Showalter Dear Mr. Bogar: This letter is being sent in response to yours date September 22, in which you requested some additional information. 1) Copies of the 2009 federal and PA personal income tax returns as well as the 2009 federal gift tax return are enclosed. 2) I understand the Aviva Insurance contract has been located and redeemed since the date of your letter. 3) The Allstate Life Insurance Company annuity #GA18844485 which was issued on April 25, 2005 is an IRA. I have not seen the original contract but must assume it was a rollover based upon the date it was issued. The value of that contract on August 18, 2010 was $117,638.25. Tom Showalter, as beneficiary of this policy, has decided to transfer it to his name and will use this resource as an additional source of income in the future. I have arranged for the documentation required to effect the transfer and set up the desired yearly distributions to be mailed to Tom. 4) The investment account held by MML Investors Services, Inc, contains 2,145 shares of Windstream Corporation stock, a Money Market Mutual Fund and six different Municipal Bonds. I am enclosing a current printout of that account listing all of these holdings and showing the value of each of these investments as of August 18, 2010 which total $158,061.00. 900 Cavalry Road, Suite 1 • Carlisle, PA 17013-1622 Tel: (717) 241-6262 • Fax: (717) 243-9405 p. 2 James D. Bogar November 2, 2010 5) I have also identified an investment in a publicly traded limited partnership, Centerline Holding Company. However, I have not yet been able to determine its value as of August 18, or at the present time. Therefore, I have sent an inquiry to their Investor Relations office in New York and asked them to provide the required information to me just as soon as possible. I will, of course, relay it to you as soon as I have it. Please do not hesitate to contact me if you have any questions or need additional information on any of these matters. Very t ly yours, oseph J. Elwood, EA President Cc: Sandy Showalter ~--- ~ n ____ - O -n 3 ~~~ C ~ ~ ~ ~ ~ O H ~~ ~ ~ ~ ~~ e ' ~ ~ ~ f~D IA tD ~ . :,O ~ ~ ~' X to n y ` ~1 N O ,u, ip ',cn ,~ ~ -~ u+ ~ ~t~ ,'w 1 ,3 ,a,, r,, ~ ..c ~ `;'3= ';~ 1N to ?~ G ~, ~-+ Q ~ w 'F, `,G~ N --' ~ rn rn ~ G~ N rn Ct1 can ` ';~ O y~,v3 ~o LZ ,~'° ~~ ~rn G rn ir, o~ ©N.~, t~°it ':n A~~ I ?i tJ cl~ rn~ n o G G Z~ o Z O 3 i~ ~ n n- °~~`~ c~J,7ooo ~rn°o ~zorn Noz ~i~'~ ~ o `}o °p v-r~ rn~az rntr~ni~3 ~--1°'~ "'QU~y. C"~o~~o ~v '',~ G ,~ a rn ~ ~ G o v ?~ ~ o ~ ~ Z ~ z z ~ ~1 G'1 ~ o ~ -i n `-~ = ~~ ~ o° ~O ~~' Nrn rn3° z ~~°~ ~o~ nrn o^° 70 3 ~a ~ '~o S ~+ o~~~ ~=or ZZ° ~ ~=o q rot ~~,:?C rn `~ ~ ~~~. ~ Z `~ OOH ~mu~i1T' mvu' n = .-N= ~ ~,°, ~ o rtn w m = ~. v s -1-c o rn N ~' ~c ~' ' ~ r+ _ .: .P ~, ~ c~h = `~ ,o _ oo N to ~ ~' 3 ~ ,N sup ~O p o Ip ~ s,Q 1Cj ~,O ,O ~. p 'c ' ~`0 10 I° ~t~ io '° ~ N N ~ '~'~ ~ ~ i° ~° ip 1° W ~ ~~fl1 lp ~, p !~ i0 ~p ~ O N ~ !~,';,~ C3' ~t0 ~O - pJ ~ a p O ~ ro TS s° r.. O ° O O d 0 d o 'o ~ o -::~o ' ~ a a ~s i. ....... 'o o ~, ~ o rn ty o o ~ ~ °o ;,,.~ ~ ° ;~ o O W ~ W ~ N O ~. '.~' ~-~ ~ '~ t~J1 i1~ ~ N `"~ ~ ro -1 ~' r' _ w O O ~' ~ '~~ to ~, a? O .,,J Q ~ IN p ~ ;...1 ~ ~ O Vii ~' ~ ~~ ~ o ~ G ~ _ ,,,~ ~ N c-~ O N ? ',G 1`~ ,,~ ~ O ~ `'C 1F 'Q ; ~~ o ~ ~ `~~ -..3 N ~'~~ '.o ;g ;~ ~ r ` ~ 3 ',o~ ~ ~ O ~ ~ ~,,'~ ~ 11~ }can K/'S O O ~ ~ ~ "'- ~l ~~ i~ i~ tz{rl~•s~) (D ;C g ~ ~ ' ~ '~(~D ~-O In ~. 'cu ~~ ~ ~ ~ `~ ~ ~ Q ~ ~ 4 '"" ~., ._ ~ ~ ~ ~ ~ ~ ~ ~ _ ~--~ -- N _ N _ O ~ __ O REV-1151 EX+ (10-06) COMM~R ,- ANT DECED N~RN ANIA SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS Debts of decedent must be reported on Schedule 1. ITEM DESCRIPTION AMOUNT A, FUNERAL EXPENSES: See continuation schedule(s) attached 6,010.22 B. ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions Name of Personal Representative(s) Street Address City State Zia Year(sl Commission paid 2. Attorney's Fees Bogar & Hipp Law Offices 19,320.00 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address City State Zia Relationship of Claimant to Decedent 4. Probate Fees 482.50 5. Accountant's Fees 6. Tax Return Preparer's Fees 7. Other Administrative Costs 9,441.46 See continuation schedule(s) attached TOTAL (Also enter on line 9, Recapitulation) 35,254.18 ESTATE OF FILE NUMBER Showalter, Althea R. 21-10-0899 Copyright (c) 2009 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 10-06) SCHEDULE. H FUNERAL EXPENSES AND ADMINISTRATIVE COSTS continued ESTATE OF FILE NUMBER Showalter, Althea R. 21-10-0899 ITEM NUMBER DESCRIPTION AMOUNT Funeral Ex ep nses 1 Hendricks Flower Shop -flowers for funeral 304.22 2 Pastor Johnson -honorarium for funeral 200.00 3 Stradling Funeral Home -funeral bill 5,341.00 4 Stradling Funeral Home -balance of funeral bill 165.00 H-A 6,010.22 5 Other Administrative Costs Akron Borough -final sewer and water bill 902.19 6 Barrister's Settlement Service -Notary fee 10.00 7 Ephrata School District -school tax certification fee 20.00 8 In Your Home Care -medical bill 490.00 9 Joe Elwood, CPA -fee for preparation of Gift Tax Return 125.00 10 Joe Elwood, CPA -fee for preparation of 2009 Personal Income Tax Returns 925.00 11 Joe Elwood, CPA -Fee for review, research and preparation of date of death valuation letter 1,540.00 regarding investment accounts and mutual funds 12 Lititz Mutual Insurance Company -Insurance premiums 364.00 13 PPL -electric bill 12.01 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 6-98) SCHEDULE H FUNERAL EXPENSES AND ADMINISTRATIVE COSTS continued ESTATE OF FILE NUMBER Showalter, Althea R. 21-10-0899 ITEM NUMBER DESCRIPTION AMOUNT 14 PPL -electric bill 4.40 15 PPL -electric bill 21.15 16 PPL -electric bill 9.87 17 PPL -electric bill 19.05 18 PPL -electric bill 6.79 19 Recorder of Deeds -Realty transfer tax 2,450.00 20 Register of Wills -Fee to record Will in Lancaster County 32.00 21 RESERVES: -Costs to conclude administration of Estate, including filing fees for PA 2,500.00 Inheritance Tax Return and Inventory; 2010 Personal Income Tax Returns and payment of taxes; preparation of Accounting; and preparation and filing of Fiduciary Income Tax Returns 22 Wayne Reber, Jr. -tax certification fee 10.00 H-B7 9,441.46 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 6-98) SCHEDULE H FUNERAL EXPENSES AND ADMINISTRATIVE COSTS continued ESTATE OF FILE NUMBER Showalter, Althea R. 21-10-0899 ITEM NUMBER DESCRIPTION AMOUNT 14 PPL -electric bill 15 PPL -electric bill 16 PPL -electric bill 17 PPL -electric bill 18 PPL -electric bill 19 Recorder of Deeds -Realty transfer tax 20 Register of Wills -Fee to record Will in Lancaster County 21 RESERVES: -Costs to conclude administration of Estate, including filing fees for PA Inheritance Tax Return and Inventory; 2010 Personal Income Tax Returns and payment of taxes; preparation of Accounting; and preparation and filing of Fiduciary Income Tax Returns 22 Wayne Reber, Jr. -tax certification fee H-B7 4.40 21.15 9.87 19.05 6.79 2,450.00 32.00 2,500.00 10.00 9,441.46 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 6-98) SCHEDULE J COMMNH~W,EtANTCE T _ PEN~~$.RLVANIA ENT DE ED BENEFICIARIES R ID ESTATE OF FILE NUMBER Showalter, Althea R. 21-10-0899 NAME AND ADDRESS OF RELATIONSHIP TO SHARE OF ESTATE AMOUNT OF ESTATE NUMBER PERSON(Sl RECEIVING PROPERTY DECEDENT (Words) ($$$) I TAXABLE DISTRIBUTIONS [include outright spousal . distributions, and transfers under Sec. 9116 a 1.2 Thomas H. Showalter Son One Hundred 536,515.66 1129 Pine Road Percent of Rest, 17015 Residue and Remainder Total 536,515.66 Enter dollar amounts for distributions shown above on lines 15 throu h 18 on Rev 15 00 cover sheet as a ro riate. NON-TAXABLE DISTRIBUTIONS: II. A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEETI Copyright (c) 2009 form software on{y The Lackner Group, Inc. Form PA-1500 Schedule J (Rev. 11-08) LAST WILL AND TESTAMENT OF ALTHEA R. SHOWALTER C~~• ('~.,,, ~ . ,,t ~;/ ~. .,,~ J N `~- ~ ~~.~ ~~ I, ALTHEA R. SHOWALTER, of Mechanicsburg, Cumberland County, Pennsylvania, make, publish and declare this as and for my Last Will and Testament, hereby revoking all other Wills and Codicils heretofore made by me. FIRST: I devise and bequeath all the rest, residue and remainder of my estate of whatever nature and wherever situate, including any property over which I hold power of appointment and together with any insurance policies thereon, to my son, THOMAS H. SHOWALTER, provided however should he predecease me, then to my grandson, JASON R. SHOWALTER, or his issue per stirpes by representation. SECOND: In addition to all powers granted to them by law and by other provisions of this Will, I give the fiduciaries acting hereunder the following powers, applicable to all proper- ty, exercisable without court approval and effective until actual distribution of all property: (A) To sell at public or private sale, or to lease, for any period of time, any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms (including credit, with or without security) or conditions as are deemed proper. This includes the power to give legally sufficient instruments for transfer of the property and to receive the proceeds of any disposition of it. (B) To partition, subdivide, or improve real estate and to enter into agreements concerning the partition, subdivi- sion, improvement, zoning or management of real estate anal to impose or extinguish restrictions on real estate. (C) To compromise any claim or controversy and to abandon any property which is of little or no value. (D) To invest in all forms of property, including stocks, common trust funds and mortgage investment funds, without restriction to investments authorized for Pennsylvania fiduci- aries, as are deemed proper, without regard to any principle of diversification, risk or productivity. (E) To exercise any option, right or privilege granted in insurance policies or in other investments. ;,~ (F) To exercise any election or privilege given by the Federal and other tax laws, including, but not necessarily being limited to, personal income, gift and estate or inheritance tax ,~. laws. c (G) To make distributions to my herein named benefici- aries in cash or in kind or partly in each. (H) To borrow money from themselves or others in order ... to pay debts, taxes, or estate or trust administration expenses, ..=~. -w,~ to protect or improve any property held under my will, and for ~~ investment purposes. ~~~ (I) To select a mode of payment under any qualified ~ retirement plan (pension plan, profit sharing plan, employee stock ownership plan, or any other type of qualified plan) to the extent the plan or the law permits them to do so, and to exercise any other rights which they may have under the plan, in whatever manner they consider advisable. THIRD: I direct that all inheritance, estate, trans- fer, succession and death taxes, of any kind whatsoever, which may be payable by reason of my death, whether or not with. respect to property passing under this Will, shall be paid out of the principal of my residuary estate. FOURTH: I nominate and appoint my son, THOMAS H. SHOWALTER, Executor of this, my Last will and Testament. In the 2 event of the death, resignation or inability to serve for any reason whatsoever of the said THOMAS H. SHOWALTER, I nominate and appoint my daughter-in-law, SANDRA G. SHOWALTER, Executrix of this, my Last Will and Testament. I direct that my Executor or Executrix, and their successors, as the case may be, shall not be required to post security or a bond for the performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, this I'~ day of . 2008. ~ ~ ~.. / ! 7 ~ n ~~~~t~~ ~ f ~ C~~ ( SEAL ) ALTHEA R. SHOWALTER Signed, sealed, published and declared by the above- named Testatrix as and for her Last Will and Testament in our presence, who, at her request,. in her presence and in the presence of each other, have hereunto subscribed our names as attesting witnesses. Address Address ~D ~ ~~ 3