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HomeMy WebLinkAbout03-22-12t ~ Elizabeth H. Feather, Esquire Attorney LD. No. 92618 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 efeather(a~cklegal.net Attornevs for Executrix Sharon L Ranak _ IN RE: ESTATE OF SAMUEL R. IN THE COURT OF COMMON PLEAS CALABRETTA CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION N0.2011-01306 PROOF OF SERVICE AND NOW, this 12~' day of March, 2012, I hereby certify that I have served a copy of the Rule to Show Cause entered March 7, 2012, and Petition for Distribution of Insolvent Estate Under 20 Pa. Cons. Stat. Ann. §3392 entered February 28, 2012, on the following, by depositing a true and correct copy of the same in the U. S. Mail at Harrisburg, Pennsylvania, postage prepaid, by Certified Mail, Return Receipt Requested, addressed to the following twenty-six (26) entities and people: CERTIFIED MAIL N0.7011 2970 0001 9433 0012 Bank of America Payoff Department Mail Stop NC4-105-01-40 4161 Piedmont Parkway Greensboro, NC 27410-8110 CERTIFIED MAIL N0.70112970 0001 9433 0050 c~ N PNC Bank ~' Consumer Loan Center , ~~ ~ ~~: ;~? P. O. Box 5570 ~T' ^' ~"' ~ ; BR-YB58-O1-5 Q~ -_-: <'~, . Cleveland OH 44101-0570 , ~ -n , ~ ~ ~ m _, .- .c - `" ~, ~: e ~ CERTIFIED MAIL N0.70112970 0001 9433 0067 James M. Griffie c/o Dennis Eckman Hooke, Hooke & Eckman Realtors LLC 977 Walnut Bottom Road Carlisle, PA 17015 CERTIFIED MAIL N0.70112970 0001 9433 0074 Hooke, Hooke & Eckman Realtors LLC c/o Dennis Eckman 977 Walnut Bottom Road Carlisle, PA 17015 CERTIFIED MAIL N0.70112970 0001 9433 0081 South Middleton Township Municipal Authority 345 Criswell Drive P. O. Box 8 Boiling Springs, PA 17007-0008 CERTIFIED MAIL NO. 70112970 0001 9433 0098 Cumberland County Tax Claim Bureau 1 Courthouse Square, Room 106 Carlisle, PA 17013 CERTIFIED MAIL NO. 7011 2970 0001 9433 0104 Sharon Rapak 611 Beinhower Road Etters, PA 17319 CERTIFIED MAIL N0.70112970 0001 9433 0111 BELCO Community Credit Union P. O. Box 82 449 Eisenhower Boulevard Harrisburg, PA 17108 CERTIFIED MAIL NO. 7011 2970 0001 9433 0135 CitiBank (South Dakota), N.A. Box 6500 Sioux Falls, SD 57117 CERTIFIED MAIL NO. 7011 2970 0001 9433 0142 CitiBank (South Dakota), N.A. c/o Derek C. Blasker, Esq. Burton Neil & Associates, P.C. 1060 Andrew Drive, Suite 170 West Chester, PA 19380 s y CERTIFIED MAIL N0.7011 2970 0001 9433 0159 Cumberland Goodwill Fire Rescue EMS P. O. Box 726 New Cumberland, PA 17070 CERTIFIED MAIL N0.7011297p 00019433 0166 Three Springs Family Practice 303 North $altimore Avenue Mt. Holly Springs, PA 17065 CERTIFIED MAIL N0.7011 2970 00019433 0173 Department of Veterans Affairs Lebanon VA Medical Center 1700 S. Lincoln Avenue Lebanon, PA 17042-7597 CERTIFIED MAIL N0.7011 2970 00019433 0180 Carlisle Regional Medical Center 45 Sprint Drive Carlisle, PA 17013 CERTIFIED MAIL N0.70112970 00019433 0197 Pottsville-Schuylkill Haven Area EMS 320 North Ninth Street Pottsville, PA 17901-2346 CERTIFIED MAIL N0.7011 2970 0001 9433 0203 Dana Willard, Account Advisor PSECU P. O. Box 67013 Harrisburg, PA 17106-7013 CERTIFIED MAIL N0.7011 2970 0001 9433 0210 PNC Bank P. O. Box 3424 Pittsburgh, PA 15230-3429 CERTIFIED MAIL N0.7011 2970 0001 9433 0227 Ashley Neil Orrstown Bank 2695 Philadelphia Avenue Chambersburg, PA 17201 CERTIFIED MAIL N0.7011 2970 00019433 0234 American Express c!o West Asset Management, Inc. P. O. Box 6183 Omaha, NE 68106-0183 CERTIFIED MAIL NO. 70112970 0001 9433 0241 Cumberland Goodwill Fire Rescue EMS c!o Commercial Acceptance Company P. O. Box 3268 Shiremanstown, PA 17011 CERTIFIED MAIL N0.7011 2970 0001 9433 0258 Direct TV P. O. Box 11732 Newark, NJ 07101-4732 CERTIFIED MAIL NO. 7011 2970 0001 9433 0265 CenturyLink P. O. Box 1319 Charlotte, NC 28201-1319 CERTIFIED MAIL N0.70112970 00014433 0272 Interstate Waste Services P. O. Box 25084 Lehigh Valley, PA 18002 CERTIFIED MAIL N0.70112970 00019433 0289 ADT Security Services, Inc. 14200 East Exposition Avenue Aurora, CO 80012 CERTIFIED MAIL N0.7011 2970 0001 9433 0296 Linda Dolan, Administrative Assistant Harrisburg Regional Counseling Center State Employees' Retirement System 30 North Third Street, Room 319 Harrisburg, PA 17101 CERTIFIED MAIL NO.7011 2970 0001 9433 0302 PPL Electric Utilities Customer Services 827 Hausman Road Allentown, PA 18104-9392 } CERTIFIED MAIL N0.7011 2970 0001 9433 0012 Bank of America Payoff Department Mail Stop NC4-105-01-40 4161 Piedmont Parkway Greensboro, NC 27410-8110 CERTIFIED MAIL N0.70112970 00019433 0050 PNC Bank Consumer Loan Center P. O. Box 5570 BR-YB58-01-5 Cleveland, OH 44101-0570 CERTIFIED MAIL N0.70112970 0001 9433 0067 James M. Griffie c/o Dennis Eckman Hooke, Hooke & Eckman Realtors LLC 977 Walnut Bottom Road Carlisle, PA 17015 CERTIFIED MAIL N0.70112970 0001 9433 0074 Hooke, Hooke & Eckman Realtors LLC c/o Dennis Eckman 977 Walnut Bottom Road Carlisle, PA 17015 CERTIFIED MAIL N0.70112970 0001 9433 0081 South Middleton Township Municipal Authority 345 Criswell Drive P. O. Box 8 Boiling Springs, PA 17007-0008 CERTIFIED MAIL N0.70112970 0001 9433 0098 Cumberland County Tax Claim Bureau 1 Courthouse Square, Room 106 Carlisle, PA 17013 CERTIFIED MAIL NO. 7011 2970 0001 9433 0104 Sharon Rapak 611 Beinhower Road Etters, PA 17319 CERTIFIED MAIL NO. 7011 2970 0001 9433 0111 BELCO Community Credit Union P. O. Box 82 449 Eisenhower Boulevard Harrisburg, PA 17108 CERTIFIED MAIL N0.7011 2970 0001 9433 0135 CitiBank (South Dakota), N.A. Box 6500 Sioux Falls, SD 57117 CERTIFIED MAIL N0.70112970 0001 9433 0142 CitiBank (South Dakota), N.A. c/o Derek C. Blasker, Esq. Burton Neil & Associates, P.C. 1060 Andrew Drive, Suite 170 West Chester, PA 19380 CERTIFIED MAIL N0.70112970 0001 9433 0159 Cumberland Goodwill Fire Rescue EMS P. O. Box 726 New Cumberland, PA 17070 CERTIFIED MAIL N0.70112970 0001 9433 0166 Three Springs Family Practice 303 North Baltimore Avenue Mt. Holly Springs, PA 17065 CERTIFIED MAIL N0.70112970 0001 9433 0173 Department of Veterans Affairs Lebanon VA Medical Center 1700 S. Lincoln Avenue Lebanon, PA 17042-7597 CERTIFIED MAIL N0.7011 2970 0001 9433 0180 Carlisle Regional Medical Center 45 Sprint Drive Carlisle, PA 17013 CERTIFIED MAIL N0.7011 2970 00019433 0197 Pottsville-Schuylkill Haven Area EMS 320 North Ninth Street Pottsville, PA 17901-2346 1 l CERTIFIED MAIL NO. 7011 2970 0001 9433 0203 Dana Willard, Account Advisor PSECU P. O. Box 67013 Harrisburg, PA 17106-7013 CERTIFIED MAIL NO. 7011 2970 0001 9433 0210 PNC Bank P. O. Box 3429 Pittsburgh, PA 15230-3429 CERTIFIED MAIL NO. 70112970 0001 9433 0227 Ashley Neil Orrstown Bank 2695 Philadelphia Avenue Chambersburg, PA 17201 CERTIFIED MAIL NO. 7011 2970 0001 9433 0234 American Express c/o West Asset Management, Inc. P. O. Box 6183 Omaha, NE 68106-0183 CERTIFIED MAIL NO. 7011 2970 0001 9433 0241 Cumberland Goodwill Fire Rescue EMS cJo Commercial Acceptance Company P. O. Box 3268 Shiremanstown, PA 17011 CERTIFIED MAIL N0.70112970 0001 9433 0258 Direct TV P. O. Box 11732 Newark, NJ 07101-4732 CERTIFIED MAIL NO. 7011 2970 0001 9433 0265 CenturyLink P. O. Box 1319 Charlotte, NC 28201-1319 CERTIFIED MAIL NO. 70112970 00019433 0272 Interstate Waste Services P. O. Box 25084 Lehigh Valley, PA 18002 CERTIFIED MAIL NO. 7011 2970 0001 9433 0289 ADT Security Services, Inc. 14200 East Exposition Avenue Aurora, CO 80012 CERTIFIED MAIL NO. 7011 2970 0001 9433 0296 Linda Dolan, Administrative Assistant Harrisburg Regional Counseling Center State Employees' Retirement System 30 North Third Street, Room 319 Harrisburg, PA 17101 CERTIFIED MAIL NO. 7011 2970 0001 9433 0302 PPL Electric Utilities Customer Services 827 Hausman Road Allentown, PA 18104-9392 CERTIFIED MAIL N0.70112970 0001 9433 0319 AscensionPoint Recovery Services, LLC 200 Coon Rapids Blvd., Suite 200 Coon Rapids, MN 55433-5876 A true and correct copy of the Rule to Show Cause and Petition for Distribution of Insolvent Estate Under 20 Pa. Cons. Stat. Ann. §3392 are attached as Exhibits "A" and "B" respectively and incorporated herein by reference. The original of each USPS Certified Mail Receipt, as issued to each of the above twenty- six (26) entities and people, is attached as Exhibit "C" and incorporated herein by reference. Respectfully submitted, CALDWELL & KEARNS, P.C. i Date: j ~ I q'/~, By: . ~~ / Eliz~eth .Feather, Esquire Attorney I,D. No. 92618 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (Facsimile) efeather(c~,ckle Tat, l.net Attorneys for Executrix, Sharon L. Rapak ~ 1361-oot/1s8o55 Estate of Samuel R. Calabretta IN RE: ESTATE OF SAMUEL R. '~~p~ _ CALABRETTA "~$}~~ ~., c%a ,Q IN THE COURT OF COMMON PLEAS OF K._, -.- ~ '- ~`' THE NINTH JUDICIAL DISTRICT u_ = ~ ~p =' ~~~~ ORPHANS' COURT DIVISION I f_l._ ,,~ ~ ~ Q_ a ~ No. 2011-1306 _~' ~~ `~ ~ "~ IN RR~: PETITION FOR DISTRIBUTION OF INSOLVENT ESTATE c-~, UNDER 20 PA. CONS. STAT. ANN X3392 RULE TO SHOW CAUSE AND NOW, this day of March, 2012, upon consideration of the Petition for Distribution of Insolvent Estate Under Pa. Cons. Stat. Ann.. §3392, filed by the Executrix of the Estate of Samuel R. Calabretta, Sharon L. Rapak, a Rule is issued upon all interested parties to show cause why the relief requested should not be granted. A HEARING on the Petition is scheduled for Monday, March 26, 2012, at 1:30 p.m. in Courtroom Number 6, Cumberland County Courthouse, Carlisle, Pennsylvania. PETITIONER shall effectuate service of this Rule upon all interested parties, namely those known to the Executrix to have an interest in or claim against the Estate of Samuel R. Calabretta, at least 14 days prior to the date of the Hearing. Petitioner shall file proof of such service prior to the commencement of the Hearing. RULE RETURNABLE at the March 26, 2012 Hearing. H TRUE COPY FROM RECORD In Testimony wh~roi,1 herowtlo set my hIM7q and qN stat of said Cout?t at GrYM, PA 7his~d~r d~~~.1~ ~~ ~~ ~ ~~, : ~xSc~r~ _--- Thoma A..Placey C.P.J. ~~,,~. end Distribution List: Elizabeth H. Feather, Esq. Caldwell & Kearns, PC 3631 North Front Street Harrisburg, PA 17110 For Executrix Sharon L. Rapak R 1 IN RE: ESTATE OF SAMUEL R, IN THE COURT OF COMMON PLEAS CALABRETTA CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ,., ~~.ti t; N0.2011-01306 ~"+ ~'~ ~"1 p ~ ("'!'7 Gl'l +~.* ~ PETITION FOR DISTRIBUTION OF INSOLVENT ESTATE°~~ ~, UNDER 20 Pa. Cons. Stat. Ann. 53392 n ~ =°'~ ~.w tv TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW come Caldwell & Kearns, P.C., and Elizabeth H. Feather, Esquire, attorneys for Sharon L. Rapak, Executrix of the Estate of Samuel R. Calabretta, and present the following Petition to settle an insolvent estate pursuant to Section 3392 of the Probate, Estates and Fiduciaries Code, and in support thereof, aver as follows: 1. Samuel R. Calabretta ("Decedent"), 81 years of age, who resided at 1414 Walnut Bottom Road, South Middleton Township, Cumberland County, Pennsylvania, died testate on October 21, 2011. 2. On December 6, 2011, Letters Testamentary were duly granted to Sharon L. Rapak. 3. The Executrix is the daughter of the Decedent, and the Executrix did petition for issuance of Letters Testamentary, which Letters were duly issued to her. 4. Decedent was not married at the time of his death, and is survived by his children, Sharon L. Rapak and Serena Calabretta. 5. At the time of his death, Decedent owned the real estate known as 1414 Walnut Bottom Road, Carlisle, Pennsylvania, having a value of $152,000.00. A copy of the Agreement of Sale is attached hereto and incorporated herein as Exhibit "A". ,. 6. Bank of America held a mortgage and loan against the above-referenced real estate, with the amount owed to Bank of America being $65,990.84, if paid by March 15, 2012. The daily amount due after March 15, 2012 is $29.31 interest plus late charges. 7. PNC Bank held a mortgage and loan against the above-referenced real estate, with the amount owed to PNC Bank being $59,613.31, if paid by March 15, 2012. The daily amount due after March 15, 2012 is $12.20. 8. BELCO Community Credit Union holds a judgment lien against the above- referenced real estate, with the amount owed being $6,084.99. 9. Citibank (South Dakota), N.A. holds a judgment lien against the above-referenced real estate, with the amount owed being $14,518.15. 10. The probate estate of which Decedent died seized consisted only of the real estate known as 1414 Walnut Bottom Road, Carlisle, Pennsylvania, with a value of $152,000.00. 11. The following administrative expenses and debts are claims against the Estate: a. Mortgages against the real estate: (1) Bank of America $ 65,990.84 (2) PNC Bank $ 59,613.31 TOTAL $1 25,604.15 b. Costs of Administration- Real Estate Settlement Costs: (1) James M. Griffie (Buyer of real estate)- Seller credit $ 8,667.00 (2) Hooke, Hooke & Eckman -brokerage commission $ 8,760.00 (3) Realty transfer tax $ 1,520.00 (4) Final water and sewer payment to South Middleton Township Authority $ 119.13 (5) 2011-2012 Carlisle School District real estate taxes to Cumberland County Tax Claim Bureau $ 1,476.74 ~,, TOTAL $20,542.87 c. Additional Costs of Administration: (1) Caldwell & Kearns, P.C. -Advances for probate costs, postage, duplicating charges $ 800.00 (2) Caldwell & Kearns -Attorney fees $ 4,500.00 TOTAL $ 5,300.00 d. Funeral Costs: (1) Sharon L. Rapak -Advance for funeral costs $ 2,000.00 e. Judgments: (1) BELCO Community Credit Union $ 6,084.99 (2) CitiBank (South Dakota), N.A. $ 14,518.15 TOTAL $ 20,603.14 f Medical Debts incurred within 6 months from date of death: (1) Cumberland Goodwill Fire Rescue EMS $ 192.18 (2) Three Springs Family Practice $ 5.55 (3) Department of Veterans Affairs - Prescription bill $ 137.97 (4) Carlisle Regional Medical Center $ 1,860.00 (5) Pottsville Schuylkill Haven EMS $ 1,671.73 (6) Schuylkill Medical Center $ 2,875.00 TOTAL $ 6,742.43 g. All Other Debts: (1) PSECU VISA loan $ 20,683,95 (2) PSECU Signature loan $ 691.52 (3) PNC Bank credit card $ 8,040.71 (4) Orrstown Bank $ 294.65 (5) West Asset Management -American Express $ 969.45 (6) Direct TV $ 194.25 (7) Century Link $ 391.67 (8) Interstate Waste Services $ 39.87 ~, (9) ADT $ 112.71 (10) PSERS $ 75.47 (11) PPL $ 564.52 TOTAL $ 32,058.77 TOTAL OF ALL ADNIINISTRATIVE EXPENSES AND DEBTS: $ 212,851.36 12. The Executrix is aware of no claims against the Estate which are not heretofore admitted in this Petition. 13. The assets of the Estate totaling $152,000.00, as set forth in Paragraph 5 above, are insufficient to pay all charges and claims against the Estate totaling $212,851.36, as set forth in Paragraph 11 above. Pursuant to 20 Pa. Consolidated Statutes Section 3392, payment should be made as follows: a. Mortgages against the real estate: (1) Bank of America $ 65,990.84 (2) PNC Bank $ 59,613.31 TOTAL $125,604.15 b. Costs of Administration- Real Estate Settlement Costs: (1) James M. Griffie (Buyer of real estate)- Seller credit $ 8,667.00 (2) Hooke, Hooke & Eckman -brokerage commission $ 8,760.00 (3) Realty transfer tax $ 1,520.00 (4) Final water and sewer payment to South Middleton Township Authority $ 119.13 (5) 2011-2012 Carlisle School District real estate taxes to Cumberland County Tax Claim Bureau $ 1.476.74 TOTAL $20,542.87 c. Additional Costs of Administration: (1) Caldwell & Kearns -Advances for ,, , probate costs, postage, duplicating charges $ 800.00 (2) Caldwell & Kearns -Attorney fees $ 4,500.00 TOTAL $ 5,300.00 d. Funeral Costs: (1) Sharon L. Rapak -partial reimbursement of $2,000 for advance of funeral costs $ 552.98 Total Payments $152,000.00 14, Notice of the presentation of this Petition has been given by first-class mail to all parties known to the Executrix to have an interest in or claim against the Estate, namely: Sharon L. Rapack, BELCO Community Credit Union, CitiBank(South Dakota), N.A., Cumberland Goodwill Fire Rescue EMS, Three Springs Family Practice, Department of Veterans Affairs, Carlisle Regional Medical Center, Pottsville Schuylkill Haven EMS, Schuylkill Medical Center, PSECU, PNC Bank, Orrstown Bank, West Asset Management, Direct TV, Century Link, Interstate Waste Services, ADT, PSERS, and PPL. 15. An insolvent inheritance tax return has been filed with the Pennsylvania Department of Revenue by the Estate. A copy of the inheritance tax return is attached hereto and incorporated herein as Exhibit "B". WHEREFORE, your Executrix, Sharon L. Rapak, through her attorneys, prays your Honorable Court to approve payment of all proper charges aild claims against the Estate as set forth in the foregoing Petition and to discharge Sharon L. Rapak from her duties as Executrix of the Estate. Respectfully submitted, CALDWELL & KEARNS, PC Date: ~2'~~~la sy: Eliza. eth H. Feather, Esquire Attorney I.D. No, 92618 3631 North Front Street Harrisburg, PA 17110 (717)232-7661 (717) 232-2766 (Facsimile) efeather(a,ckle a~ l,net Attorneys for Executrix, Sharon L. Rapak Estate of Samuel R. Calabretta S~'.A.iVTIA~~~ll ;A.;~~tFLpM1CNT FOIL T~1~E SALT Ole :l2'~A L ~S'~'AT"F ~sI2 This roan reeynnnanded and approved Pnr, Um nol rcFlriclcd to use Uy, the ncanlbarx of the Pcnnsylvmiia ASSi~cialiMc cif RI.Ah1•C'lRSQ?~(PAR). PARTIES i BUYER(S): James M. Griffie ~ SELLER(S) Estate Samuel R. Cala6retta (Sharon ~ l~apak, POAj . BUYER'S MAILING ADDRESS: SELLCR'S 1vIAILING A.DDI2GSS: ,,. - ... 1'ROPETiTY . ' PRQPERTYADDRESS 14'{4 Walnut Bottom Ftd Garhsle RA 1•TD15 ZiP 17015 ~ ': in the municipality of South Middleton ,County of Cumberland`' in the School District of South Middleton School District ~n tl$e Cot~unonvrealtli•ofPennsylvaiiia. Identification (e,g., Tax ID #; Parcel #; Lot, Block; Deed Book, Page, Recording Date): Parcel#40240746002 ` Deed '. Bk 0199 Pa 00493 BUYE12'S RELATIONSHIP WITH PA LICENSED BROKER I .__ No Business Relationship (Foyer is not represented by a :broker) ~ Broker (Company) _ Hooke, Hooke &''1=ckman :Realtors Licensee(s) {Name) Dennis' Eckman ,: LLC . °~ Company Address 977Walnu~`BottomlZd Direct Phone(s)71.7'249=1$44:ext33 Carlisle, PA"17015'`" Cetl Phone(s) 717-'3$5 7924 i Company Phone 717 245'`4844 Fax '717 249-1°822 Company Fax 7T7 249=1.822 Email deritiyCa?thinkh~ie:com Broker is: Licensee(s) is: ~ ,..., _.._.. X Buyer Agenr (Broker represents.)3uyer only) X Buyer Agent with Designated Agency . _ ~ Dual Agent (See Dual and/or Designated Agent box below) i BuyerAgent without Designated Agency ` ,. , ._: .,,. . ,, , .. ~ • Dual Agent (SeeDual°arrd1o13I3esigrl'ated A giynt box below) `Transaction Licensee (Broker and Licensee(s) provide real estate services but donot represent Buyer) ~ SELLER'S RELATLONSHIP WITH PA LICENSED BROILER No Business Relationship {Seller is not represented by a broker) `: Broker (Company) - RFJMAX 1 S'T ADVAN"FA.GE Licensee(s) (Name) PAULA HERSHEY j Company Address 637.5 MERCURY DR Direct Phone(s) 717-591-5555 MECHANICSBUR'G. FAA 17050 Cell Phone(s) _ - 717576-4Q:07" Company Phone 717-591-5555 ~ Fax - Company Fax Email patila.hershey(a)remax.net Broker is: Licensee(s) is: ' j Seller Agent (Broker represents Seller only) : _ Seller Agent with Designated Agency :Dual Agent (See Dua] and/or Designated Agent box below) % Se1lerAgent without Designated Agency Dual Agent (See Dual and/or Designated Agent box below) .....~. __ _ _..:Transaction Licensee (Broker and Licensee(s) provide real estate services but do not represent Seller) ~ DUALA:ND/OR DESIGNATED AGENCY A Broker is a Dual Agent when a Broker represents both Buyer and Seller in the same transaction. A Licensee is.a DuaLAgent when a Licensee 1•epresents Buyer and Seller in the samearansaction, Al] of Broker's licensees are also Dual,Agents UNLESS there are sepa~•ate Designated Agents for Suyer and Seller. If the same Licensee is designated for Buyer and Seller, the Licensee i 'a Dual Agent. i By signing this Agreement, Buyer and Seller each acknowledge leaving been previously informed of, and consented to, dual agency, if applicable. I __. _. _ .-•- --°- i Euyer Initials: ~ ASR Page 1 of II Seller Inifia]srJl" ~r I ~ C Re~•ised I/10 'y~ 1 Pennsy(wania Association of R~ALTORSz COPXRIGHT PEnNSPLVAN]AASSOC3ATIDi~OF REALTORS®2070 11 ]/10 •. 6s 7. FIXTURES AND PTCRSONAL PRpP]aRTX (1-10) ss (q) TN,~T;UppD .in this sale are' all existing items permanently installed in Chc Properly, li'ee oi' liens, and other items including s7 plumbing heating; radiator cpvers; lighting :fixtures (including chlndeliers and ceiling f~r]sj, .11ao1=and.spa t:quipment (including sa cpuers,an~ al.earring esluipment); eiecli•ic atiitnAl'feitciiig sysietiis'(eXelitBing collars); gatttge dope openers and transmitters; lele~ 69 vision antennas; unpotted shrubbery, plantings #!nd trees; any remaining heating and,epPk,it]g feels Stot:et]:oti.Che Property at the 7o tirpe pfSettlerBent; smoke detector's and earbpn monpxide defectors; sump pumps;~;3A(rage sheds, Ponces; mnilbpxes; wall tp wall 71 carpeting; existing window screens, storm windows find screenlstorm doors; rvlndow opyei•ing har~ware,~,shfldos and blinds; 72 awrtin;?s; built-in air conditioners; built-in appliances; the range/even, unless ofher•wise stateq;.ttnd,.if pwned,,,VySY,er treaunent sys- 73 'terns, pro ane tats%sa ~i e dishes and security systems. Also included: All hems ori•'MLS ~li5tihq sheetFattached plus 7s (B) The~owirtg items are LEASED (not owned by Seller). Contact the provider/vendor fof rttore utfpt•malion (e.g., water ircadnetlt 76 systems>-pTOpane tanks, satellite dishes and seourity systems): • 77 (C) EXCLUDED fixtures and items: 78 79 8. Mp~[2'%'G¢E'COP~'T1AiGE11ICY(i-T O) ~,. ,' ....';..,.` .. so WAILED. This sale is NOT contingent on mortgage financing, although Buyer may obtain mortgage financing and/or the parties e1 1nay,include an appraisal contingency. sz X ELECTED. a3 (A) ')"his~sale is contingent upon Buyer obtaining mortgage financing according to the following teens: as First Mortgage on the Property as Loan Amount; $ as Minlritum'Terri 30 years s7 Type of trioitgage FHA 203 K es Loan-To-Value`(LTV) ratio: ea For non=FHANA"loans LTV ratio not to exceed 96.5 9o Mortgage lender FOOTS CAPITAL 91 s2 93 94 ss 96 97 98 as 100 101 102 103 104 1os 106 107 108 109 11a 111 112 113 11A 115 116 117 1te 11a 120 121 122 123 124 125 126 127 1za 1zs 13D 131 Second Mm•tgage on the 1roperty Loan Amount $ Minimum Term yeat•s "lope of mortgage Loan-To-Value (LTV) ratio: For non-Fl•IA/VA loans L:fV ratio not to exceed Mortgage ]ender Interest rate " 4.25 %; however, Buyer agrees to accept the Interest rate %; .however, Buyer agrees, ao accept the interest rate as may be committed by the mortgage lender, not Interest rate as may be committed by thc:rnoi•tgage lender, not to exceed a maximum interest rate of 4.625 %. ~ to exceed a maximum interest~rate o'f x: %. ., Discount poirlts lean ongiria€ion, loan placement and other fees Discount points, loan origination, loatt,,placemenY:and other fees ;, charged by the lendet• as a percentage of the mortgage loan (exclud- charged by the lender as a percentage of "the mortgage loan (exclud-. h. ing any mortgage rnsurance premiums or VA funding ,fee) not to ing any mortgage insurance premrUrrrs~:or YA Pdnc#ing fee) not to .., ,. exceed 0 % (0% ifnot specified) ofthe mortgage loan, exceed %'(0°lo rf.itiY>t spivafel)'b'~#[~d~i'r'Oftgage'loan. ... i;... .... _.. -- (B) T.he interest rate(s) and fee(s) provisions in Paragraph 8(A) are satisfied if the mortgage lender(s) gives Buye'i~'the:right to guar-'" antes the interest rate(s) and fee(s) a[ or below the maximum levels stated. If lender(s) grv~es~l3uyet ths,trghi~o.lofi~lcfl m.;the, inter- est rate(s), Buyer will do so at least 15 days before Settletnent Date. Buyer gives SelCe~;flid ri~~,;at Se11er's;sole option and - as permitted by law and the mortgage lender(s), to cattt•ibute financially, without promise"of rerrftbnr'sei7teht,'to`ahe;BUyer and/or the mortgage lender(s) to make the above mortgage term(s) available to Buyer. `` ~ ""' `~' (C) Within 10 days (7 if not specified) from the.Execution Date of this Agreement, Buyer will make: a completed, written mort- gage application (including payment for and ordering of appraisal and credit reports wit gout delay, •at the time required by lender(s)) for the mortgage terms and to the mortgage lender(s) identified in Paragraph 8(A), if any, otheivrise to a responsible mo'itgage lender(s) of Buyer's choice. Broker for Buyer, if any, otherwise Broker for Seller, is authorized to communicate with the mortgage lender(s) to assist in the mortgage loan process. (D) Buyer Evill be in default of this Agreement if Buyer furnishes false information to anyone concerning Buyer's financial and/or employment status, fails to cooperate in good faith with processing the mortgage loan application (including delay of the appraisal), fails to lock in interest rate(s) as stated in Paragraph 8(B), or otherwise causes the ]enfler to reject, refuse to approve or issue a mortgage loan commitment. (E) 1. Mortgage Commitment Date: JANUARY 6, 2012 ,Upon receiving a mortgage commitment, Buyer will promptly deliver a copy of the commitment to Seller. 2. If Seiler does not receive a copy of the mortgage commitment(s) by the Mortgage Commitment Date, Seller may terminate this Agreement by written notice to Buyer. Seller's right to terminate continues until Buyer .delivers a`moitgage commitment to Seller, Until Seller terminates this Agreement, Buyer is obligated to make agood-faith;effort to obtain mgttgage fnancing. 3. Seller may terminate this Agreement by writtet't3otice to Buyer after the Mortgage Commitment Date if the mortgage commitment: a. Does not satisfy the terms of Paragraph 8(A), OR b. Contains any condition not specified in this Agreetent (e.g., the Buyer must settle on another property, an appraisal must be received by the lender, or the mortgage cottimitment is not valid through the Settlement'.Date) that is not satisfied and/or removed in writing by the mortgage lender{s) within 7 DAYS after the Mortgage .Commitment Date ,in Pazagraph 8(E)(1.), or :any .extension .thereof, "other-than those conditions that are customarily -satisfied at or near settlement (e.g., obtaining insurance, confirming employment), 4. If this Agreement is terminated pursuant .to Paragraphs 8(E)(2) or (3), or the mortgage loan(s) is not .obtained for settlement, all deposit monies vein be returned to Buyer according to the terms of Paragraph 22 and this Agreement will be VOID. Buyer will be responsible for any costs 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, fire insurance, hazard insurance, mine subsidence insurance, or any fee for cancel- laf~/ sisal fees and charges paid in advance to mortgage lender(s). ,~.~/~ Buyer initials: ~ , Ir ASR Page 3 of 11 Scllcr Initials:~~~ , I . ~ 1s5 (E) Property, or a portion of it, is preferentially assessed for tax purposes under the followinb Act(s) (see Notices Regarding Land 19s Use Restrictions): 197 _,~ Farmland and Forest Land Assessment hcl (C4ean.and Green Program; A.vt 319 of 1924; 72 P.S. § 5480,! el segJ tae I~OpenrSpaeeAct-(Act 442 of 1$G7; 321'.S. fi 500.1 el.$eq.) 198 .•iAgriGUitpral Area Security Law (/+ct A3 of 1981;,3 P.S. ti901 et seq.) 200 ~ i Other tot (F} Seller represents that, as of the date Seller signed this Agreement, no public improvement, condominium or homeowner association 2oz assessments have been made against 1'he Prpperry ~I>ICh remain unpaid, a))d that nq notice by any t;gvernment or public zo3 authority has `been setved`upon'Seller or anyo{ie an Seller's behalf, inc)u,~ling notices reldtin~ Co violations of :coning, housing, Zoo buitfling, safety or fire oriiinanees that remain tmcorrected, i)nd that Seiler knows of no eondittcn that would cQttstitute a violation zo5 of any~such ordinances #hat remain uncwl~ected, unless .otherwiscspecified here: 206 zo7 (G) Seller knows of no other potential notices (including violations) flntilcr assessments except as J'ollows: zoe zo9 (H) Accessto a ptilili'c-'road may require issuance ofa highway occupancy permit from the Department of Transportation. 210 10. WATVER,Q~',CQNTINGEj~IC1ES (~-QS) :. ,... .. , 211 If this A"`~rri~rtt"ii;`contin' nt on Bu er's ri ht to ins tect .tnd/or re )air the Pro tort or• to,vcttf ~ g Y g I.. I [ y, y insurflliilify, environmental 212 conditions, boundaries, certifications, zoning classification or nse, or any other littformation regard:in'g th`e'Property,'Buyer's 213 .failure to exercise any of Buyer's options within the times.set.forth in this Agreement is n WAIVER of .that contingency and 214 $'u~er accepts the 1'roperty:and agrees to the RELEASE in Paragraph 24 of this Agreement. - 215 11. INSPECTIONS'(1-Tn) (See Notices Regarding Property and~Lr>rvironmenta] Inspections) 216 (A) Righ"~s a~nrd Re'spo'•nsibY~ities 217 1, Seller will provide access to insurers' representatives and,~as may be required by this Agi•eelnent,or,by,tnortgage lender(s), to 21& surveyors, municipal ofi7cialsl,appraisers and inspectol's.,Alhparties and their real estate •l~ieensee(s)'niay attend any'in§p~actions, 219 2. Buyer rfiay rriake apre-settlement walk-through .inspection of the Property, Buyer's right to this lrispection is not waived by z2o any otYie~'provtston offhis Agreement. 221 3 Sellc`r" vWtll#hai;'e h~e9`ftiig and all-'unit#res (including fuel(s)) on, for all inspections/appraisiils ' 22z 4 All iiispec~ars, including borne inspectors, are apthanzed b~ Buyer to provide a copy of any itispeotion Report to broker forBuyer. 22a 5. Seller had tttt`'rigNt",`upon Yequest, to receive a free copy, of any inspection Report from the party fdi wh'oiil it was prepared. 22a (B) Buyer warves'~'or elects at Buyer's expense to have the, following Inspections, certifications;',and investigations (referred to as 225 "Inspection'.' °or "Inspections") performed by pi•ofe§sional~ contractors, home inspectors, engivieers; architects"and other properly 22s licensed or otherwise qualified professionals. If the same inspector is inspecting more than one system, the inspector must comply 227 with the Home Inspection Law. (See Notice Regarding the Home Inspection Law) 22a (C) For elected Inspection(s), .Buyer will, within the Contingency Period(s) stated in Paragraph l2(A), complete Inspections, obtain any 22s Inspection Reports or results (ceferred•to as "Report" or "Reports"), and accept the Property, terminate this Agreement, or submit a z3o WritterrCorrective Proposal(s) to Seller, according to thetenns of Paragraph 12(B). - ,,,; 231 ~ . , , ~ , ~;..,., $ome/1'roperty Inspections and Eiivii~anitieiital'~aza~ds (in Old, etc.) 232 e~d $tryermay conduct an inspection of the Property's structural components; roof; exter ror windows and exterior Waived z33 doors; exterior stdsng; Exterior Insulation and 1~inish Systems, fascia, gutters and downspot.its} switntning pools; hot / 23a tubs and spas; appliances; electrical systems; interior and exterior plumbing; public Sewer systems, heating and cgol- 235 ing,sy.•stems; water penetration; electromagneticfiei"d's,'v'vi;tlands and flood plain dehtteation; structure square z36 footage; mold and other environmental hazards (e.g, fungi, indoor air quality, asbestos, uiidetground storage tanks, 237 etc.); and any otheritems.$uyer•may select. If Suyer elects to have a home inspection ofthe Property, as defined in 23a the Home Inspection L,aw, the home inspection must be performed by a full member in good standing of a national 23s home inspection association, or a person supervised by a full member of a national home inspectlon:association, in 2no accordance with the ethical standards and code of conduct or practice of that association, or by a properly licensed 241 or registered engineer or architect. (See Notice Regarding the Home Inspection Law) z4z Wood'Infestation 243 ~rkcri Buyer may obtain a written "Wood-Destroying Insect Infestafion Inspection Report" from an inspector certified as Waived 244 a wood destroying pests pesticide applicator and will deliv~t~ itand all supporting documents, and drawings prov~id- 245 ed bythe inspector to Seller. The Report is~tobe made-satisfactory to and in compliance Wttli'apphca~le.)aWS, mort- 24s gage lender requirements, andlor Federal Insuring and Guaranteeing Agency requirements.~The Inspection is to be 247 limited;to,all readily-visible and accessible areas of alls'tructures on the Property, except fetibes If'tlie Inspection z4s tevedls acftve infestation(s), Buyer, at Buyer's Expense; may obtain aProposal fiom awood-destroying pests pes- zas ticide applicator to treat the.Property, I~•the Inspection zeveals~damage from active or°previctilS infastation(s);.Buyer 25o may dbfain a written Report from a professional contractor, home inspector or structural engineer that. is limited to 251 structural damage to the Property caused by wood-destroying organisms and a Proposalto repaii the PYOperty. 252 ~,~ ~ Radon 253 IdrY Buyer may obtain a radon test of the Property from a certified inspector. The U.S, Environmental-Protection Waived 254 \1C_,V~~. Agency (EPA) advises corrective action if the average annual exposure to radon is equal to or,higher than 0.02 / 255 working levels or 4 picoCuries/liter (4pCi/L). 25s 'Water Service 257 Elected 1'3uyermay obtain an Inspection afthe quality and quantity ofthewater systetnfrom aproperly licensed or otherwise t4~d 25a ~ qualified watedwell testing company. If and as required by the inspection company, Seller, at Seller's expense, will 259 locate and provi de access to the on-site (or individual) water system. Se11 erwill restore the Property to its previous con- zso dition, t Seller's expense, prior to settlement. 261 Buyer Initials: ~~ ASR Page 5 of 1J $c17erInitials:l~~~ Revised d/lU ~,. a2s (1 )Aapept tide PrQpcrly wil'b the `infprmation sl'alsd in the Report(s) `and agree eo the REI..hAS1~ in Paragraph 24 of this 32s Agreement, OR 330 (2)Tenninate~this /~breentgintary written notice to Seller, with all .deposit monies returned to Buyer' according to the farms pf• 331 Patagi•aPli`22 of ibis Agreement, OR 332 (3)Entet into..a mutually acceptable written agreement with .Seller, providing fpr any repairs pr. improvements to the 333 Property and/or any credit to Buyer at settlement, as acceptablgito the tnprtgage Ieneier, iCany, 33a if Buyer flails tp rcSppnd within -the time stated in Paragraph 12(I3)(3)(c) or fa{its.. tp terntin;tte this Agreement by 335 Written •n,Qticc to SCllcr within #ltat time, 'Royer will ttt'.ce~at the Prppc±•iy and .)~rec to t}te RCl,IrASi; in Paragraph ass 24 gf`~his A~t'jGemCitt. 337 (C) If a Report revea}s the need to expand or replace the existing iudivirdttal on-lpt sewage dtsppsal system,.~allpr Inay, with}n 33a days,(2S.,f not spegified),pf recetyitlg the Report, subnrii A Nrappslhtp Buyer. `t?he Proposal -will tnGjude,,bul riot tie ]iniited to, the a3s patt>,e pf jhe,p4znpatlY tp,n,Qrfgrrn t}t:e expansion pr replacement; provisi'ong..for payment, ineludiAg re4;ests,ranSt,tt.~rojeoted com- 3ao pletton date for cgrrective.~egspres. Within 5 DAYS pf receiving Seller's Proposal, pr ~lf ~Itp'PI'Op(1Sal IS 1)1'nVi(~kd Wlthln the aa1 stated time, Buyer~wjll notify $el~er`in writing of C3uyer's choice to: ' 342 1. Agree~to the terms oi't'he Proposal, accept the Property and agree to.t'he RI?,LEASE in I'aragrflph 24.of this-Agreement, OR 343 2 '1'etxtlip~te•thFS,~Agi'ect2ienl by'`x~tritten notice to Seller, with all ~deliosit monies returned to Buyer:,~.accq]'~(utg.,to,~the terms of 344 pat~g`raph 22 o#'thls Agreement, OR -~ 345 3 Accept the Pro e d the.exsfin s stem and a ree to the RELEASE in Para rah 24 of this A regiment, If re wired b an Sae , ,..,:. P rty a9_ g Y g g P S, . .. (I Y Y mortgage lender and/ol•, any governmental authority, Buyer will correct the defects before settlement or Within the;time required 3a7 by the mortgage lendeti=and/or governmental authority, at Buyer's sole expense, with permission"and access Lo:Ate Property given 348 by Seller, which may not be unreasonably withheld. ]f Seller denies Buyer permission and/oe,.access°tocot rect Clio-defects, Buyer 3as tnay •within 5 DAYS of Seller's denial, terminate this Agreement by written notice to Seller,'with all .deposit monies returned 350 to Buyer accprtling`tp,the.terms of Paragraph 22 of this Agreement. 351 If Bu;yer'fails`to respon.tl within ,tile time stated in Paragraph 12(C) or fails to term}Hate this' Agrcement,:Uy written notice 352 to Seller within that tinie;.Btryerwill accept the Property and agree to the RELEASE in Paragraph'24 of,ths Agreement. 353 13. NOTTCES,ASBESSMENTSAND MUN)CIPALREQUIRGMENTS (I-IO) - - 354 (A) In the event any notices, including violations, and/or assessments are received after Seller.-+has signed this;~A~raement and' before ass settlement; Seller will within 5 DAYS of receiving the notices and/or assessments provide a cppy of the notices'and/or assess- 356 merits to~T3uyer~and.will~notify Buyer in wtitingthat Seller will: 357 1 . Fully comply with the notices and/or assessments; at Seller's expense, before settlement.,]f Seller fully complies with the 3sa notices anr]/or assessments, Buyernaccepts the Property and agrees to the RELEASE in Paragraph 24 of this Agreement, OR ass 2. Not comply with the-notices andlpr;,assessments. If Seller chooses not to comply with the notices'and/or assessments, o Mails 3so within the stated time to notify: Buyer vyhether Seller will comply, Buyer will notify'Seller in writtttg within 5 DAYS 361 that Buyer• wi1L•, ~- '' 3sz a: Cbrnply with the. ti'otices and/or.asses§merits at Buyer's expet5se; accept the Property, and agr"ee to the" RELEASE in as3 paragraph 24 of tlii's'Agreement, OR 364 b. Tetmmate-tuts Agr~e~~~ent by written notice to Seller, with all deposit monies returned to,BuyYsr accotdtngaathe terms of ass 1''a~ngraph'~Z (its;'Ygkeemerit,' ~ ` .. ~-, > .~ .z ass If'I#uyel• fails,fo respoti wtthin the tune stated in Paragraph I3(A)(2) or fails to termttYtai`e fh-s Agreement by written notice 3s7 to'Sellet within that ttme, Buyer.will accept the Pa•operty and agree to the RELEASE in l°ara~r~)h ~l4 of ti`hi5"Agreement. 3se (B) If required by law,'wtthtn~~"30 DAYS from the Execution Date o`fthts Agreement, but in no case later; than ~15 DAYS prior 369 to Settlement Date; Seller„will:otderat Sell'er's expense a certification fromthe appropriate ,municipal~departtnent.(s) disclosing 37o notice of any uncon•eeted violations of zoning, housing, building, safety ~pr fii`e ordinances ahd/or a;.cettifoate permitting occu- 371 panty of the Property. If Buyer receives a notice of any required repairs/improvements, Biiyer wih~prampily- deliver a copy of 372 the notice to Seller. - a73 l . Within 5 DAYS of receiving notice from the municipality that repairs improvements are-required, Seller wit] deliver a 374 copy ofthe notice to Buyer and notify Buyer in writing that Seller will: - s75 a. Matte the required repairslimpzovements to the satisfaction of the municipality. df Seller makes the required 37a repairs/improvements, Buyer accepts the Property and-agrees to the RELEASE in Paragraph 24 of this Agreement, OR 377 b. Not make the required repairs/irrtprovements. If Seller chooses not.~to make the required repairs/improvements, Buyer will 37a notify Seller in writingwithin 5 DAYS that Buyer will: 37s (l) 'Make the repairs/improvements at Buyer's expense, with permission and access to the Property given by Seller, which 3eo will not be unreasonably withheld, OR 3e1 (2) Terminate this Agreement by written notice to Seller, with alt deposit monies returned to Buyer according to the terms 3a2 ofPat'ag"raph 22""of this Agreement- 3a3 If Buyer fails to respond within the time stated in Paragraph 13(B)(1)(b) or fails to terminate fh'is Agreement by 3sa written notice to Seller, within that time, Buyer will. accept-the Property and agree to the TtELEASE.}n Paragraph 3e5 24 of this Agreement, and Buyer accepts the responsibility to perform the repairs/improvetttehts according to the ass terms of the notice provided,. by the municipality, 3as 2, If Seller denies Buyer pertliission to make the required repairs/improvements, or does. not prov}de.Buyer access before 3as Settlement Date to make the required repairs/improvements, Buyer may, within 5 'DAYS, terminate this Agreement by 3as written notice to Seller, with a}1 depositmonies returned to Buyer according to 1lteterms of Paragraph 22 of this Agreement. 3se 3 . If repairs/improvements are required and Seller fails to provide a copy ofthe notice to Buyer as required in this Paragraph, Seller 3s1 w' erfo(rm,~,all repaiz~s/improvements as required by the notice at Seller's expense, Paragraph i3('B)(3) •tvi 1 survive settlement. 332 Buyer initials: } ~ V ASR Pagc 7 of 11 Seller Initials: , Revised'lll D ,, a61 3. If Seller does not iepan ca replace fhe failed system or:lppliancc or;agrcc to credh Buyer for its fair maike( virtue, or if Scllcr as2 fails to ncstify Buyer of Sellm•'s cbmce, Buyer Will notify Sullnr in wrrtmg,wi(hin 5 DAYS or beiare Settlement Date, as3 whichever is~eaPl~er, that B}iyer will: asa a. Accept"tije ~ropet')y~nnd agree, to the RGLCASI: in Paragraph 24 of this Agreement, OR aes b. Terminate this A.gi~eemenf'by written notice t9 Boller, ~witli aA dcposi( monies returned to BuYOr according to the terms of ass Paragi;~ph 22 ofhis Agreetliant. ' as7 If Buy,,~r fails.. to respRnd within the tune stated in Psu•a~raph 14(13),(3) or fails to toriatitatc this Ag(~ecmcnt by written asa notice 'to Seller within that ti[tte, `Moyer will accept the Property ,and agree fo the i2)~:TASI lit P}tra'gryihh 24 of this 4sa Agreement. a7o (C) Seller bears the risk of loss from fire or other casualties until settlement. if any properly i ncluded in this sale is destroyed and not a~1 rep)aeed:prior to settlement, Buyer wi IL• 472 1. Accept the Property in its dice cur'cent eandition together with fhe 1?roeeeds oi•any•ihsu['1nGe i'ecovery.obtaiilaUle by Seller, OR a23 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to. Buyer according to the terms of 4~a Paragraph 22 of this Agreement 475 17. IIOME'WAR'RANTIES (1-(0) ass At or before settlement, either party mayputchase a;home warranty for Lhe,Propetty ;fi•om a third-party'vendor,~Buyer and:Seller uitClersland 477 that a home warranty for the Property does not alter any disclosure requirements of Seller, will :i1ot cover or warrant any preexisting a~a -defects 'oF"fhe Property, and will not alter, waive or extend any provisions of this Agreement reg9rdtig inspections or certifications 479 that Buyer has elected or waived as part of this Agreement. Buyer and Seller understand that:,: a. 'broker who recommends a home aeo warranty may have a business relationship with the home warranty company that provides a financial beneftto the'h'roker, as1 18 T~CORDING (9-OS) ' ae2 'l~l'#s .~gi~eement will not be recorded in the Office of the Ctecorder of Deeds or in 1ny other office;or pl2oe of publicreeord. ]f Buyer as3 causes or permits.this Agreement to be recorded; Seller may elect to treat such act as a default of this Agreement: aaa 19. ASSIGNMENT (1-10} aas This Agreement is binding upon the parties, their heirs, personal representatives, guardians and successots,'and to the, e>(tictif assignable, aas on the assigns of the parties hereto. Buyer will not transfer or assign this Agreement without .the written' consent of Seller unless aes othgrwtse•stated in this Agreement. Assignmet~t,of this Agreement may result in additional transfer taxes. aes 20. GO'VERIVTNG.LA'VY, VENUE AND RERSO`NALJURISDICTION (9-OS)' '. aas (A)` The validity and construction of this Agreement, and the rights and duties of the parties, will be governed in accordance with the 4so laws of the Commonwealth of Pennsylvania. - as1 (B) The pai`ties agree that any dispute, cond•oversy or claim arising under or in connection with riots Agreement or its performance by as2 either-party submitted to a court shall be filed exclusively by and in the state or federal courts sitting„in the Commonwealth of. 493 ,. - ...'. Peitns}!Ivania. 494 21. REPRESENTATIONS (1-10) ass (A) AlI representations, clones, advertising, promotional activities, brochures or plans of anyt kind made; by Sel1eY( Bto{ket`~, their: ]tcens`+e~s, imployees, officers or partners :are trot a part of this Agreement unless expressly into„tpofatedi3o~ Sf ted,)n thts'~ asp Agteemet{~ This A cement contains the whole a teement between Seiler and Bu er and;tlY~a]•e are'.no other to m~ o~t11 tions, .. ase ~ _ g~ Y , ~srrt'aas?an ~n gi,;;,, r,.~x .~. bov~]lants,, representations, statements or' conditions, oral or- otherwise, of" any kind wiasoever concerning "this sale, This a9a agreement toil] not be altered, anlended, changed or modified except in writing executed by thespat;ttes r 500 (g) (PneieSS;ottierrvise stated'in this Agreement, ~iuyer, has inspected the P[~operty (including fXtitres an'd "any personal property sot specificalty;,~sted'herein) before-signing, this Agreement 'or has")valved the right fo .~p„stl, and agrees;ito purchase the sot Property;IN ITS PBESENT CONDJTIOIV,"subject to inspecfiori contingencies elected m thi's AgreetiieHt $uyekackn'oivledges 5D3 that 'Brokers, their licensees, employees, officers or partners have not made an independent CXamib'9ti~oit'or" d~eterrriipaton so4 of the structural .soundness of the Property, the age or condition of "th,e co[npotients, ,env[rontnental conditions, sos the permitted uses, nor of conditions existing in fhe IocaIe where the Property is situated;"nor have they made a mechanical sos inspection of any of the systems contained therein. 50~ (C) Any repairs required by this Agreement will be completed in a workmanlike manner: sos (D) Broker(s) have provided or may provide services to assist unrepresented parties in complying,vvith this Agreement. sos 22, DEFAULT, TERMINATION AND RETURN OF DEPOSITS (1-10) sto (A) U,~here Buyer terminates this Agreement pursuant to any right granted by this Agreement, Buyer will..be entitled to a return of 511 all deposit monies paid on account of Purchase Price .pursuant to the terms of Paragraph 22(B), and this Agreement will be 512 VO1D, Termination of this Agreement may occur .for other reasons giving rise to.claims. by $uyer and/or .Seller for the deposit 513 monies. 514 (g) Regardless of the apparent entitlement to deposit monies, Pennsylvania law does not allow a Broker holding deposit monies to 515 determine who is entitled to the deposit monies when settlement does not pecur, Broker can only release f)tedeposit monies: sts 1. If this Agreement is terminated prior to settlement and there is no dispute over entitlement to the deposit monies. A written 517 agreement signed by both parties is evidence that there is no dispute regarding deposit monies. Ste 2. If, after Broker has received deposit monies, Broker receives a written agreement that is signed by Buyer and Seller, directing sty Broker how to distribute some or all of`lhe deposit monies. s2o 3. According to the terms of a final order of court. set 4. According to the teens of a prior written agreement between Buyer and Seller that directs the Broker how to distribute the 522 c)® osi m nies if there is z dispute between the parties that is not resolved. (See Paragraph 22(C)) /1 5z3 EnyerIaitials: ~ ASRPage9of]] SelIerInitials: t t Revised 1/]t) Form generated by. i'ue FOrms'" wvrw.TrueForms.com SDD-49a-9612 583 S9A 595 596 587 598 599 600 601 802 fi03 604 806 606 607 608 809 610 611 612 613 614 615 616 617 sta 619 620 621 s22 Additional Tcr•ms: TO A Buyer and Seller aclcnowledgc receipt of a copy of this Agreement at the time of signing. This Agreement may be executed in one or more counterparts, each of which shall he deeriied to be an original and which counterparts - together shall constitute one and the same Agreement of the Parties. NOTICE TO PARTIES: WIZEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Parties to this transaction are advised to consult x Pennsylvania real estate attorney before signing if they desire legal advice. Return=of this Agreement, and any addenda and amendments, including return by electronic tra.nsmission,'beari.ng•the sjgnatures p~all~artes,`constitutes acceptance by the-parties. sz3 / Buyer has received the Consumer Notice as adopted by the State Real Estate Commission at 49.Pa. Code 624 / ~ §35.336. .. . s25 ~ / `'~$uyer has received a statement of Buyer's estimated closing costs before srgning this:Agreement. 626 / , Buyer has read and understands the notices and explanatory information ~mths A~rceirient: 627 .,, ,., .,•r;. .. • °' / Brayer has received a Seller's.Property Disclosure Statement before signing this Agrecmerit; if required by law 629 /` (see Information Regarding the Real Estate Seller Disclosure Law). ~~/ Buyer has received the Deposit Money Notice (for cooperative sales when Broker for Seller is holding deposit s3o //,, mofiey) befm•e signing this Agreement. sat V/ $ -hamreceived the Lead-Based Paint Hazards Disclosure, which is attached to this Agreement of Sale, and s3z the pam et Protect Your Family from Lead in Your Home (for properties built pr for to 1978) s33 WITN BUYER ~ , UG2~~~ /C -~Lr DATE _.~ ~~~~~ James M. Griffi s34 WITNESS BUYER DATE 635 WITNESS BUYER - ~ DATE r s3s .Seller'has deceived the Consumer Notice saS adopted by the State Real Estate Commission t1t 49.Pa. Code § 35.336, s37 Setter has received a statement oi' Seller's estimated closing costs before signing this Agreement. s36 Seller has rea d understands the otices a d explanatory information in this Agre nt. ~/ s3s ~I E ~ ~ ~ / ELLER DATE '' ~` ~ Sher ape , POA s4o WITNESS SELLER DATE sal Y+'ITNESS SELLER DATE ASR Pagc 11 of I] Revised 1/10 Form 9eneraled by; TI'ueForms'" www.TnieFormS.rnm ann_noo_oaa~ STRAIGHT FHA MORTGAGE', or FHA MORTGAGE VC/ITH A RENOVATION AND REPAIR LOAN/MORTGAGE OFFERED BY PHFA IN PLACE .., OF THE FHA 203K REHAB MORTGAGE AND MOVE SETTLEMENT EARLIER. .SEWAGE N0TlCES.(1'artl;raph 9: Seller Rcprescntations) NOTICES PURSUANT'I'O 7'I•IE 1'I;NNSYLVANIA SEWAGE FACILI'T'IES AC"I' NOTICE 1: TT•IERE I5 NO CURRENTLY EaIS'I'ING COMMUNITY SEWAGE SYSTEM AVAILABLE FOR '1'III; SUBJEC'p PROPERTY. SeGfiotl 7 of'the Pennsylvania Sewage 1'~rcrlifies Act, prgyides t171t no_ pepson shall 'install, :construct, request 'bid pro- posals fdr donstruction, altei", repair •or occupy any building or structure for which an rndiuidual ,sewage system is to be installed, without first obtainm; a permit, buyer is advised by this notice that, before signingthis Agreement, Buyer should contact the local agoncy charged with administering the Aot to det~rmple, the procedure and require- ments fox obtalging a permit for ,at, uJdiYi~JrE•tlsewaJ;e system. The local agency d$Tr;hed `Gvi'tIr a'd9n'irii~f~itih~ the Act bVih'be the muriici~ality wliere the Property rs located or that municipality working cooperativp)y with others. NOTICE 2: THIS PROPERTY IS SERVICED I3Y AN INDIVTD.UAL SEWAGE SYS'~'IlyJ~ TN~',~LLGD ,UND~,R.~~',IdE TEN-ACRE: ,PERMIT EXEMPTION 'PROVISIO'NS OF.SECTION 7 OF TiE PGI~NSYLVA1y1A~S~WAGE FACILITIES ACT. > (Section 7 provides that a permit may not be a•equired before installing, constructing, awarding a contract for con- struction, altering, repairing or connecting to an individual sewage system where aten-acre'parcel or,-lot`is_subdivid- ed from a parent tract after January l"0 1987). Buyer its advised that soils and site testing • were not; ccrndicted .and that, should the system malfunction, the owner' of the Property or properties serviced by the system at the ,tlrne of a malfunction may be held liable for any contamination, pollution, public health hazard or nuisance which .occurs as a result. NOTICE 3: THIS PROPERTY IS SERVICED BY A ~HOLDTNG TANK (PERMANENT OR TEIVIP.O'I2ARl')';TO'W19ICH SEWAGE. IS CONVEYED BY A WATER CARRYING SYSTEM AND WHICH IS DES)GNED AND CON- STRUCTED TO FACILITATE ULTT~'IATE IZIS1?05AL OR THE SEWAGE AT ANOTIIER"SITE. Pursuant to the Pennsylvania Sewage Facilities Act, Seller must provide a history of the aiit~ual cost of maintaining the tank from the date of its installation or December 14, 1995, whichever is later. ,, NOTICE 4: AN ,INDIVIDUAL SEWAGE SYSTEM -HAS BEEN INSTALLED AT AN ISOLATICIN:,DISTANCE FROM,A WELL THAT IS LES$.THAN THE<DISTANCE SI'~ECIFIED BY REGULATION."' ~ " `'" " • • ` ~• The regulations at 25 Pa. Code §73.13 pertaining to minimum horizontal isolation distances provide guidance, Subsection (b) of X73.73 states that the minimum horizontal isolation distance between an individual water supply or water supply system suction line and, treatment tanks shall be 50 feet. Subsection (c) of §73.13 states that the hori- zontal isolation distance between the individual water supply or water supply system suction_ line ,and; .the, peripeter of the. absorption azea shall be 100 feet. „~_~~. NOTICE 5 T.FIIS. LOT I$, WITHIN AN AREA IN WHICH PERMIT LIMITATIONS AI2E-'IN EFFECT AND IS SUBJECT TOY ,THOSE LIMITATIONS. SEWAGE ~.A1GI'LIT'IES ARE 1~TC)T AVAILADL,~ ~ FOR THIS LOT AND CON- STRUCTION OF A STRUCTURE TO BE SERVED BX SEWAGE FACILITIES MAY .NOT- BEGIN UNTIL TIiE, MUNICIPALITY COMPLETES A MAJOR PLANNING REQUIR~j1!IEryT I'UR517ANT TO' THE PENNSYLVANIA SEWAGE FACILITIES ACT AND REGULATIONS PROMULGATED 'THEREUNDER. BuyerInitials~ ~~/ Form generated by: •T'PneForms° Back of Page 2 Seller Initials: vda~v,~.TrueForms.com 800.499-9612 NO'I'ICES REGARDING PR01',IR7'Y Sr. 1~Ny1RONM1eN'1'AIr INSI'FrC'1'IO.NS (Paragraph 11: InS->pctpns) )exterior .Insulation and Finish Systeltls (EIS): )~xter)or Insulntlon' ,and Finish Systams sgmotimes •referred to as synthcfic stucco are multi layirt•ecl wall gystenls .lnplieti ~tp tl?e exiet,tor,.of.sltnte. homes, Poor or''irnproper 'instal}attion pf EIF'S may 'result in moisture penetl~tjpg {die siu'faae of a structure where .tt may cause damage to the building's +frttme Leakage mosLPrequenlly .occurs near dpprs,•and. wipdpws, gutters, the roof ppnnectfoq ?ltd al' the Io4vernt9st edge of 1'he. eatErioi~ sut'fiaFe. Vulnerability to leakage ,:., depends"ori'`struc'ture design as well as the expertise and application skills of the contractor. Daniale caused by 'water:'intrusiai'may be both extensive and expensive to repair but may go undetected in the absence of an adequate inspection. Buyers purchasing homes with EIFS constructipn may spek to engage an inspector experienced in Costing for EIFS-related ,Problenrs.,wlto sari determine the moisture content of the building's frame, Asbestos: The heat-resistant and durable nature pf asbestos makes it useful in constructipn, The physical propettteS il)~t, };ive asbes.Cps 'its xesistapoe to heal anti depay are linked with several adverse.,health effects. Asbes'tgs scan easily break into microscopic fibers that ielr~an suspended in the air fpr long periods of time When,,inhalecf these fibe~t•s s')iy pet~ptt:a.e=b dyy.tisstae lr~sbes>~~ is Irnpwn,'tp cause Asbest48is:rat7d various fioi•ms of cancer Ingtirres or Petluests 'for more m o•~ion abo4t ;asbestos can ~e directed to the U.S. environmental Protection Agency, Ariel Rtos Building, 1200 Pennsylvania Ave., N.W., Was}iirigtpn, D.C. 20460, and/or the Department of Health, Connnonwealth of Pennsylvania, Division of L-'nvironmental Health, 1-larrisbiti~g, PA .17120. Electromagnetic Fields: Electromagnetic Fields (EMEs) occur around all electrical appliances and powet• lines. Conclusive evi- deneethat EMEs pose health risks does. not exist at present, and Pennsylvania has no laws regarding this-issue." Envit'oiimental~ Hazards: The U.S. Environmental Protection Agency has a list of hazardous substances, ;the use attd disposal of which are restricted by law. Generally, if hazardous substances are found on a property, it rs tl"e property owner's ;rsspnnsbilily ,to .., dispose, of ~hem+ properly. ;,For more infonnatiori and ,a list of hazardous substances, contact the U.S..Envtronmental Protection _ .. .., Agency; Ariel Rios Building, ] 200 Pennsylvania Ave., N..W., Washington, D.C. 20460, (202) 260-2090. Wetlands. Wetlands ate protected by the federal :acid state governments. Buyer may wish to -hire an environmental engineer to investigate• whether the Property is located in a wetlands area to determine if permits for plans to build, improve or devAlop th"e''prop- erty-would be'affected or'd'enied because of its location in a wetlands area. - - - Mold, Fungi and Indoor Air Quality: Indoor mold contamination and the inhalation of bioaarosols-(bacteria; iriold spores, pollen and viruses) have been associated with allergic responses including upper respiratory congestion, cough, mucous. memlZrane irrita- , tion, fever, chills, muscle ache or other transient inflammation or allergy. Claims have been asserted that;ezpasur'e o mold eontam- mahon and btpaerosols ,l>,as:led to serious infection; .'iinmunosuppression and illnesses of newo or sy~steintc~3to)Cacxyw Sampling of mdoor'au quality and other methods exist to determine the presence and scope of indoor corlttiittrnattott,: tieca4se.,lndividuals may be affected differentl y p _ : rtt± >, ~ > ;: ~., ~ ~ • •- - y, or:not. affected of all, b the , resence of mold or other bioaerosols, Btuye~ may {w]s)t~ to~engag~~,the services of a i(Ciahfied~ ptrpfesstonal to undertake an,assessment•and/or sampling ,pfahe Property. Assessments and4 sam ~I Fnj~or ,the presence of mold- ae~ broaerosols can be performed >by qualified industrial hygienists; engi3ieers; "labo`'r~•torres and` `home tnspection , compa- nies that offer these services. Information. about indoor air quality issues is available through -the :U..S. Ettuironnental Protection Agenoy'and maybe obtained by contacting lAQ INFO, P,O. Box 37133, Washington, D.C. 200]3-7133,1•-800=438-4318:' Radon: Radon is a natut'al, radioactive gas that is produced in the ground by the normal decay of uranium and radium. Studies indi- cate that extended exposure to high levels of radon gas can increase the risk. of lung cancer. Radon can fird,_its way into any air-space and can permeate a structure. if a house has a radon problem, it usually can be cured by thcPeased' ventilation and/or by preventing radon entry, Any person who tests, mitigates or safeguards a building for radon in Pennsylvania must be certified by the Department of Environmental Protection. Information about radon and about certified testing or mitigation firms is available through .Department of. Environmental Protection, 'Bureau of Radiation Protection, 13th Floor, Rachel Carson State Office Building, P.O.' Box 8469, Harrisburg, PA 17105-8469, (800) 23RADON or (717) 783-3594, www,epa.gov NOTICES REGARDING RESIDENTIAL LEAD-BASER PAINT IIAZARD RED.UCT.I.ON ACT (Paragraph Il: Inspections) Lead-Based,.Paint Hazards Disclosure .Requirements (for properties built before I978): 'The Residential Lead-Based Paint Hazard' Reduction Act requires any Seller of property .built before 1978 to provide the Buyer v~ith ah EPA-app'rovetl"1e'ad hazards information pamphlet tifled'Protact Yow• Family from Lead in Yom' 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 property being sold, al Ong with°the basis used for deter- mining that th'e hazards eziSt, the location of the hazards, and the condition of painted surfaces. 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 lead-based ,paint hazards in ,or, about the ;property being sold, the ctirKmon areas, or other .residential. dwellings in multi-family,,.housing, .Before a Buyer is obligated to purchase any housing consttvcfe8'prior to'1978, the Act requires the Seller to give the Buyer 10 days (unless Buyer and .Seller agree in writing to another time period) to conduct a risk assessment or inspection fpr the presence of lead-based paint and/or lead-based paint hazards. The opportunity to conduct a risk assessment or inspection may be waived by the Buyer, in writing, Neith testingf nor abatement is required of the Seller. Housing built in 1978 or later is not subject to the Act. Buyer Initials ~. (- Back of Page 4 SeJlra-lnitials: Poem generated by: Tru~Forms" www,TrueForms.eom 600-499-9612 NOTICES REG~AItI,IIIVC•CONllOl1!IIN,1r<J1~,SAN'~'1'1~/~NNLp ~:OO MIkIU,NI1'1[;,S (Paxagr:ap}i ~.G, Ctipii,n~liiniuntlPlanntstl Cgnrnwnaty (IiQntco~"vnoi' Assbciatrtyti)"Ittsssilc Noficc) Defsnitiorl,pf a;liontlonriniuni • The Unifgtm ,Condorrtiriium f>rct de~nei; a:"cgtldsnttnitnn" ds:Ga;tl estatC; portions of which strt: designated'for scpazate ownership and the remainder of H>hich is designated for common ownership solely by the owners of those porlionS.~l2eaa estate is not a condominiunriniless Yhc undivided interests in the cummon elements are vested in the unit owners. ,_ n.e~init4Rlt af.a Itl;tnttod G'om'tlmnity The Ulxiform Planned Communtiy,,Act defines a "planned community" as real estate with respect to WliiOh a persgn, by virtge of ownership of an interest in arjy portion of the real estate, is or may become obligated by covenant,.easement oragreetnent jm~osed on tale-,owuer!s interest to Y P P 'tY ~, es m,SUT' nce,:,prpurt n~ltee, re an' 'nn .rovement; ` ~ .. pay an amount for real rq et, a~,. ,~ ~ ~~ ~• p, ' , ' p ,rnanagament, adrrjint~stration or regulatigti of any part of the real•estate other than the port;on of interest owned solely by tlle,persgn. The teim.extsludes,a~aooperaGve and-a condoin'tpiiun, baba coop- erative or condominium may be dart Qf a p(anged community For tl]5= purposes of•tlts definition, "pwetetship"~incltldes holding a leasehold interest ofmoie Phan 20 yeas, including renew;il options, in real estittC. The term includes non i~eSidenxtal, catnpgrolmd communities. <• _,. Exemptions from the (Inifortlt~Pldnn"edl'Com~3i`~iityAet'anti;;th~Unifor;n Condominium Act: J'VY,Uen a Certificate.of Resale is Ntit.Reguii•od The owner of a property located within a planned community is not required to fiirnish the Buyer with a certificate of resale under the follow- ing circurristanoes: - (1)'The•Planned Community contains no more than 12 units,,provided there.is no possibility of adding real estate or subtlividing units to increase the size of the Planned Commtmtt~ _. (2)'T'he'Plariried Community/Ctondorniniriin is one in which all of the units. are restricted exolusively ;to non-residential use, unless the dec- lat•ation provides that the resale provisigns are nevertheless to be followed. (3) The Planned Community/Condomiriiinn orunits are located outsidetle Commonwealth of Pennsylvania. (4) The transfer of the unit is a gratuitous transfer. (5) The.transfer of the umt is required by; gourt: order. (6) The trans`Fer df the unit is by ;the governi lent or a governmental. agency.. (7) The trartsfer ofthe unit i5"th'ti resulf;gf`~"orecloSure or m lieu of fgrecloguge. Notrces Regarding Public Offering-Statements. acid Right to Rescission 1f Seller is a Declarant of the condominium or planned community,:•5eiler is required tq furnish Buyei• with a egpy ,of the:Public Offering Statement and rts amendments For condominiums, the delivery of the PuUl.ic Offering.Statement must,be made nolatel thatrtlie;datethe Buyer executes this Ageemerit.`;3,uyer ma_y ca~cE:"1 this Agreement within ~l S days after receiving the Pubhc OfferttYg StetetYYent and any amendments that rriatertally`iifi'd ~td'~erSely'affect'Buyei. f;or'plantit:d communities,,,t}le.Declarantnust provide the Biny~r rvtth'a~copy ditle'Public Offering Statement and its amendments no later than the date the~Buyer executes this Agreement. Buyer tray catt'oel this'Agr8erfieti"t within 7 days after receiving the Public Offering Statement and any amendments that materialiy,and.adversely,affect Buyer:,` • NOTICES REGA~RLiI~C RECl~EA'1?IONAL' CABINS (Paragraph 15: Tttle,lSurveys &'.Costs) - The ft)1lowing definitions Bntl regmremenfs are taken from the Pennsylvania Constructign Code Act_(35,P.S. §7210.101 et. seq A Recreational Cabin is a structure yvhich is: ' (1) Utilized pnractpal]y for recreattQfia,~.activity; ~~: ~„ ~ .. (2) Not t~ilized as a ~domtdi~e or t esrdence for any individual. for any time period; (3) Not utilized for commercial purposes; (4) Not greater than two storii5`ih height, excluding basement; (5) Nat utilized by the owner or any otYier person as a place of employment; (b) Not a'mailing address for bills and ccri'esporidence;'and (7) Not listed as an individual's place of residence on a tax return, driver's license, car registration or voter registration. A recreational cabin may be exempt from the provisions of the Pennsylvania Construction Code Act if: (l) The>cabin is equipped with at least one smoke detector; one fire extinguisher and one carbon. monoxide detector in both the kitchen andsl@epng quarters; and (2) The oviner ofthe cabip files with the mpnicipality either: (a) An affidavit on a form prescnbed.by the.PennsylvaniaDepartment of Labor and Industry attesting to the factthat,the cabin meets the 9efiriition ova"`reol`eatiimal cabin" in Section.l0i of theAot;.or (b) A valid proof of insurance for the recreational cabin, written and issued by an insurer authorized to do business in this Cgnunouwealth, stating that Yhe'Strueture meets the definitioh of a "recreational cabin" as defined in Section 103 ofthe Act. If a recreational cabin is subject to exclusion from the Pennsylvania Construction Code Act, upon transfer of ownership of the recre- ational cabin, written notice must be provided in the sales agreement and the deed that the recreational cabin: (1) Is exempffrom this Act; ~` (2) May' not be"•ih conformance with the uniform construction code; and (3) Is nqt subject to municipal regulation. Failure to comply with this notice requirement shall render the sale void at the option of the purchaser. BrrycrTnitials: r Badc of Page 6 Seller Initials• Form generate y: TrueForms'" wmv.7rueFnrms.com 800-499-9612 NOTICES RCGARDINC'T'1.11s REAL 1sS't'A'PE SELLCR DiSCLOSIJI2E LAW (Page 11 : Signature Pagc) The Real ;wstate Seller Dis4l.osure Law requires that before an agreemv~l o~Psale is signed, the Seller in a residential ro81 estate llTnsfer must make certain disclosures gegarding the property to potential Buyers rn ~`(ptlg,i defined by the law. A residenual Peal.pstatq transfer is defined as a sale, exchange, installment sates contract, lease with an option to buy,~~ratt or other transfer oi'an interest in real property where NOT LESS THAN ONE AND NOT MORE THAN FOUR RESIDEN'1'IA1, DW1:IrLING LJN17'S are involved. The Law defines a number of exoeptrpns where the,disclosures do noLhave to be made; I , Transfers that are the resuht`of a eQu~ Qirdei•, ~ ~ -' F, 2. Transfers to a mortgage'lendar that resijlt from a Buyer's defluh and subsequent foreclosure sales that result from default. 3. Transfers from a co-owner to one or more other co-owners. ;;-1 4, Transfers made to a spouse off' ~irQCi~desaepdant. - '"; ,sr ~.. ' 5. Transfers between•`spol~ses`tliat~resulti'•om divorce, legal separation or property settilement. ' " 6. Transfers by a corporation, partnershjp or other association to.its shareholders, partners or other equity owners as part of a plan o1' liquidation, 7. Transfer of a property to be demolished or converted to non-residential use. 8. Transfer of unimproved real property. 9. Transfers by a fiduciary during the administration of a decedent estate, guardianship, conservatorship or trust. 10. Transfers ofnew construction that has never been occupied when: a. The Buyer has received cone=year warranty covering the construction; b. The building has been inspected for compliance with the applicable building code or, if none, a nationally recognized model build- ing code; and c. A certificate of occupancy or a certif cate of code compliance has been issued for the dwelling. In addition to these exceptions, disclosures for condominiums and cooperatives are limited to the Seller's particular unit(s). Disclosures regard- ingcommon azeas or facilities aze not required, as those elements are ah•eady addressed in the laws that.gover~n the resale of.,condominium and cooperative interests. .. ,'i / Buyerlnitials: Form generated by; TrttCForms" www.TrueFofms,com Bacl< of Page 8 Seller Initials: B00-4B9-8612 AP.PR.A~.IS~:X., C4NT~NG~NCY Al)I)~NDU.IYI TO AGIZ~CM~NT OI< SALE h ~ ~° AcA This form [epammGnded'ahd approved for, but not restricted to use hy, tlic nficmlwrS of the Pantbylvpnin nsSOCinlimi of RLiAIa'ORSCO (I'Ali) ;v, ,..~ ~ PR4.~P~R.TY 1414 Walnut Bottom:R~l Carlisle PA 1701;~~_ z SELLER Estate'Samuei R. CalabrettaYSharon Rapak, POA) • 3 BUX~~:-: ", .. James M. Griffie a DA`I'E'O'PAG'I•~EEMENT December 6 2011 b ,{ 6 7. The Agreement of Sale is contingent upon the'Pr`operty being appraised in a ntattner that is acceptable to underwr'ster (if Buyer is obtaining ~ financing) and at a value that is eRual to or higher'than: a -•. $ 9 % of the Pln-chase Price 10 X The Purchase Price 12 2. Contingency Period: days (21 if not specified) from the Execution i)ate of the Agreement. 13 Within this Contingency Period, Buyer may obtain an appraisal of the Property from a Pennsylvania cert[fed.:appraisel•. If Buyer is obtain- 1a i}tg;inon~age findncing, the appraisal shall be performed by a Pennsylvania cerl'ified appraiser, selected by the mortgage.letider to whom 1e 13iayer,has-matte application for financing. If Buyer is not obtaining mortgage financing, the appraisal shall be pprfolnie~J by a Aennsylvania 1s certified appraiser selected by Buyer. 17 (A) if the terms of Paragraph l are satisfied, Buyer accepts the Property and agrees to the terms of the RCLEASF paragraph of the 1a Agreement of Sale. 1s (B) If the terms of Paragraph I are not satisfied, Buyer will deliver a copy of the appraisal report `to Seller; aiid -d~uy'et „will, within the 20 Contingency Period; ' z1 1. Terminate the Agreement of Sale by written notice to Seller, .with all deposit monies returned to Buyer according to the terms of 22 Agreement of Sale, OR 23 2., Enter into a mutually acceptable written agreement with Seller. - - ,. 2a zs 3. If Buyer does not terminate the Agreelnettt of Sa]e or enter into a mutually acceptable written agreement with Sellerwithin this Contingency 2s Period, Buyer waives this contingency. 27 28 All other ter an~.~emdition f the Agreement of Sale remain unchanged and in full force and effect. zs ~ /// ~ so WITN lS ~ BUYER C a2 ~ ~U DATE ~~ ~' ~ _ / James M. Gri le 31 WITNESS BUYER DATE 35 WITNESS BUYER DATE SELLER DATE ` ! ~ ~/ Sharon Rap OA SELLER DATE SELLER DATE ~/ I Pennsylvania Association of REALTORS" COPYRIGHT P);NNSYLVANIAASSOCIATION OP REALTORS ®2005 OS/OS Form generated hy: TweFoims'" v+ww.TrueFOrms.com 800.498-9612 34 WITNESS ~, 2N 0201 z._Frldny 1414 V1lalnut Bottum Road Garlisle PA 17013 ,Addendum ~A.o.s.; Current Agreement of Sale details: Sales Price $162,000.00 Seller's assistance $6,(100.00 Under contract date 12J7/2011-Wednesday Settlement date 211512()12-Wednesday In reference to the agreement of sale between James Griftle (the purchaser) & SarnueE Calabretta (the seller), ratlt3ed on 12/7!2011, and covering the real property commonly known as 1414 Walnut Bottom Road Cariisie PA 17013, the undersigned purchaser and seller hereby acknowledge, agree and Incorporate the Following into the Agreement of Sale; whereas, all other existing terms remain unchanged. The contract settlement date fs extended to on or before 3115!12 Pu baser ~ ' Date ,~ .' ~ _ ~ 3_ J.~ Purchaser Date S r ~,/ Date ~~ Seller Date J ~ 1. .. ~ ~h so I v~e ~~- ~S-I-a-I-e. 15p561014p REV-1 sJ00 EX (01-10) OFFICIAL USE ONLY PA OQpartment of Revenue County Code Yeer File Number Bureau of Individual Taxes INHERITANCE TAX RETURN Po Box zeo6ol 2 ~, 1 1 1 3 0 6 Harrisburg PA 17128-0601 RESIDENT DECEDENT __ ENTER DECEDENT INFORMATION BELOW Social SeGUrity Number Date of p,eath MMDDYYYY Date of Birth MMDDYYYY 2 0 0 2 4 7 6 2 U 1 p 2 1 2 0 1 1 I7 9 p 4 1 9 3 Q pecedent's Last Name Suffix Decedent's First Name MI C A L A S R E T T A S A M U E L R (if Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MI N o n e 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 (date of ~ 5. Federal Estate Tax Return Required death after 12-12-82) ® 6. Decedent Died Testate ~ 7. Decedent Maintained a Living Trust ~ 8. Total Number of Safe Deposit Boxes (Attach Copy of Will) (Attach Copy of Trust) 9. Litigation Proceeds Received ~ 1 O. Spousal Poverty Credit (date of death Q 11. Election to tax under Sec. 9113(A) between 12.31-91 and 1-1-95) .(Attach Sch. O) _._ CORRESPONDENT -THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED T0: Name Daytime Telephone Number E L I Z A B E T H H F E A T H E R 7 1 7 2 3 2 7 6 6 1 S T R E E T State ZIP Code REGISTER OF WILLS USE pNLY First line of address C A L D W E L L Second line of address & K E A R N S P- C- 3 6 3 1 N O R T H F R O N T City or Posl Office H A R R I S B U R G DATE FILED P A 1 7 1 1 0 Correspondent's a-mail address: efeather(~cklegal.net Under penalties of perjury, I declare that I have examined this velum, including accompanying schedules and statements, and to the best of my knowledge and belief, it is truA, correct and complete. Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge. THAN REPRESENTATIVE 3631 NORTH FRONT HARRISBURG PA 17110 PLEASE USE ORIGINAL FDRM ONLY Side 1 150561014Q 1505610140 J 1505610240 REV-15D0 EX Decedent's Social Security Number oecedenesName; SAMUEL R• CALABRETTA 2 0 0 2 4 7 6 2 0 RECAPITULATION ' 1 1 5 2 0 0 0 . o 0 1. ............... . ..................... Real Estate (Schedule A) .... . .. 2. Stocks and Bonds (Schedule B) ................................ .... .. 2• 3, Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule G) ... , . 3. 4. g ( ) .................... Mort ages and Notes Receivable Schedule D .... 4. .. 0 0 0 5. Gash, Bank Deposits and Miscellaneous Personal Properly (Schedule E). .... , . 5. 6. Jointly Owned Property (Schedule F) ^ Separate Billing Requested . .... . , 6, 7. Inter-Vivos Transfers & Miscellaneous N -Probate Property (Schedule G) ~ Separate Billing Requested . .... , . 7. 8. Total Gross Assets (total Lines 1 through 7) ................ . .... .... .. 8. 1 5 2 0 0 0 • 0 0 9. Funeral Expenses and Administrative Costs (Schedule H) ............ .... .. 9• 2 7 7 9 7 • 5 1 10. Debts of Decedent, Mortgage Liabilities, and Liens (Schedule I) ....... .... .. 10. 1 B 5 0 0 8 . 4 9 11. Total Deductions (total Lines 9 and 10) ......................... .... .. 11. 2 1 2 8 0 6. 0 D 12. Net Value of Estate (Line 8 minus Line 11) ...................... .... .. 12. - 6 0 8 0 6 . 0 0 13. Charitable and Governmental BequestslSec 9113 Trusts for which an election to tax has not been made (Schedule J) ................ .... .. 13. 14. Net Value Subject to Tax (Line 12 minus Line 13) ................ .... .. 14. 6 0 8 0 6 . 0 0 TAX CALCULATION -SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a)(1.2)x.0 _ 0 0 0 15. O. D 0 16. Amount of Line 14 taxable at lineal rate X .0 _ 0. 0 0 16, 0. 0 0 17. Amount of Line 14 taxable 0 O Q 17 0 0 0 at sibling rate X .12 . . 18. Amount of Line 14 taxable 0 0 0 0 o 0 at collateral rate X .15 18. 19, TAX DUE ................................................ .... ..19. 0 . 0 0 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT ^ Side 2 1505610240 1505610240 J REV-1500 EX Page 3 Decedent's Complete Address: File Number 21 11 1306 DECEDENT'S NAME SAMUEL R. CALABRETTA STREET ADpRESS 1414 WALNUT BOTTOM 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 4. If Lfne 2 is greater than Line 1 + Line 3, enter the difference. This Is the OVERPAYMENT. Fill in oval on Page 2, Line 20 to request a refund. 5. If Line 1 ~ Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. Total Credits (A + B) (2) 0.00 (1) 0.00 (3) (5) (4) 0.00 0.00 Make check payable to; REGISTER OF WILLS, AGENT ,......;~n °~~~~~. ,~a~'~,.. ~i 1 . .i~~i~d.~3uA~:.C. :..<'~'.;~' i' , aJ3 r. xi?. 56'~'i5'^: 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 transfened : ...................................................................... ^ ^X b. retain the right io designate who shall use the property transferred or Its income : ............................... c. retain a reversionary interest; or ................................................................:.............................. ^ d. receive the promise for life of either payments, benefits or care9 ....................................................... ^ 2. If death occurred after December 12,1982, did decedent transfer property within one year o(death without receiving adequate consideration7 ....................................................................................... ^ ^X 3. Did decedent own an "intrust for" orpayable-upon-death bank account or secudty at his or her death? ......... ^ 4, Did decedent own an individual retirement account, annuity or other non-probate property, which contains a beneficiary designation7 .................................................................................................. ^ IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS fS:{~YES, YOU MUST COMPLETE SCHEDULE G AND'Q$F~ILE IT AS PART OF THE REkRT~jURN.{,~Vy(~~ p,,l, f~~~ ~j.1y~Yp~9ry ~ r 4 Y~: ,.. ~~~ ~ .~ .:' ~J~ x.o. ' .9~~h'~l .1~:"2"~.~11~1 1'`i.4~/~IL~45:.~'~iFSWen; Fa~~ a' rot , V M .. 1n..~ ~ .. y .. ~I y 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 Jan. 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 dales 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)j. • 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)]. Asibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. , .. ,.. , REV•1502 EX+ (01-1D) Pennsylvania ~ SCHEDULE A DEPARTMENT OF REVENUE INHERITANCE TAX RETURN REAL ESTATE RESIDENT pECEDEM SAMUEL R, CALABRETTA 21 11 1306 All real property owned solely or as a tenant in common must be reported at fair market value, Fair market value is defined as the price at which property would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both having reasonable knowledge of the relevant facts. Real property that fa jointlyownad with right of survivorehip must be disclosed on Schedule F. Attach a copy of the settlement sheet If the properly has been sold, ITEM Include a copy of the deed showing decedent's interest if owned as tenant in common, VALUE AT DATE NUMBER OF DEATH DESCRIPTION Real estate owned solely by the Decedent, Samuel R. Calabretta, known as 1414 Walnut 152,000.00 Bottom Road, Carlisle, South Middleton Township, Cumberland County, PA Date-of-death value determined from the Agreement of Sale to sell property in the amount of $152,000.00. Settlement of the real estate will occur after the Order to our Petition for the Distribution of Insolvent Estate is granted by the Cumberland County Orphans' Court, A copy of the Deed and Agreement of Sale are attached as Exhibit 1. TOTAL (Also enter on Line 1, Recapitulation,) ~ S If more enanP Ic noodod IICP P(Ill lllnn Pl CrIPPIC nr nAnP! n1 Yr1P CATP SIJP , REV A1511 EX+ (10.09) Pennsylvania DEPARTMENT OF REVENUE INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE M FUNERAL EXPENSES AND ADMINISTRATIVE COSTS ESTATE OF rr~c numopn SAMUEL R. CALABRETTA 21 11 1306 Decedent's debts moat be reported on Schedule I. ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES; 1. B, 2. 3. 4, 5. 6. 7. 8. 9. 10 ADMINISTRATIVE COSTS: Personal Represeniative Commissions: Name(s) of Personal Representative(s) Street Address Ctty State Year(s) Commission Paid: Attorney Fees; Family Exemption: (Ii decedent's address is not the same as claimant's, attach explanation.) Claimant Street Address City State Relationship of Claimant to Decedent Prohate Fees: Accountant Fees: Tax Return Preparer Fees: Legal advertising Bureau of Vital Statistics -Death Certificate Settlement costs for sale of real estate Sharon L. Repack- advance for cremation expenses ZIP ZIP 4,500.00 400.00 317.64 37.00 20,542.87 2,000.00 TOTAL (Also enter on Line 9, Recapllulation) I ~ I(more space Is needed, use additional sheets o1 paper of the same size. ,. .. REV-1512 EX+ (12-08) pennsylvania SCHEpULE I OEPARTMEN'r OF REVENUE pEBTS OF DECEDENT, INHERITANCE TAXRE7URN MORTGAGE LIABILITIES, & LIENS RESIDENT pECEDENT ESTATE OF FILE NUMBER SAMUEL R. CALABRETTA 21 11 1306 Report debts incurred by the decedent prior to death that remained unpaid et the date of death, including unreimbwsed medical expenses. ITEM NUMBER DESCRIPTION VALUE AT DATE OF DEATH 1. Bank of America mortgage liability 65,990.84 2. PNC Bank mortgage liability 59,613.31 3. BELCO Community Credit Union judgment lien 6,084.99 4. Citibank(South Dakota), N.A. judgment lien 14,518.15 5. Cumberland Goodwill Fire Rescue EMS- medical debt 192.18 6. Three Springs Family Practice- medical debt 5.55 7. Department of Veterans Affairs- medical debt 137.97 8. Carlisle Regional Medical Center- medical debt 1,860.00 9. Pottsville Schuylkill Haven EMS- medical debt 1,671.73 10. Schuylkill Medical Center 2,875.00 11. PSECU VISA loan 20,683.95 12. PSECU Signature loan 691.52 13. PNC Bank credit card debt 8,040.71 14. Orrstown Bank overdrawn account debt 294.65 15. West Asset Management- American Express credut card debt 969.45 TOTAL (Also enter on Line 10, Recapitulation) I $ 185.008.49 If more space is needed, insert additional sheets of the same size. ,, Continuation of REV-1500 Inheritance Tax Return Resident Decedent SAMUEL R.GALABRETTA 21 11 1306 Decedent's Name Page 1 File Number Schedule I -Debts of Decedent, Mortgage Liabilities, & Liens ITEM NUMBER DESCRIPTION AMOUNT 16. Direct TV- television services bill 194.25 17. Century Link- Internet service bill 18. Interstate Waste Services-trash bill 19. ~ADT-home security system bill 20. ~ PSERS- repayment of retirement benefit paid after death 21. IPPL-electric bill 391.67 39.87 112.71 75.47 564.52 SUBTOTAL SCHEDULE I 1,378.49 GRAND TOTAL SCHEDULE I $ 185.008.49 ,, REV-1513 EX+ (01.10) Pennsylvania SCHEDULE J DEPARTMENT OF REVENUE BENEFICIARIES INHERITANCE TAX RETURN RESIDENT pECEDEM ATE pF: ~~ ennc SAMUEL R. CALABRk I I /~ ~ I I I Iwo RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE 1 TAXABLE DISTRIBUTIONS (Include oukright spousal distributions and transfers under Sec. 9116 (a) (1.2).I 1. Sharon L. Rapak Lineal 0.00 2. Serena Calabretta Lineal 0.00 ENTER DOLIAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18 OF REV-1500 COVER S HEET, AS APPROPRIATE. II, NON-TAXABLE DISTRIBUTIONS: 1. A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN: B. CHARITABLE ANp GOVERNMENTAL DISTRIBUTIONS: 1. TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIOIVS ON LINE 13 OF REV-1500 COVER SHEET, $ If more space is needed, use additional sheets of paper of the same size. LAST WILL AND TESTAMENT OF SAMUEL R. CALABRETTA I, SAMUEL R. CALABRETTA, a resident of 225 N. Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania being of sound mind, memory and understanding, do hereby make, publish and declare this to be my Last Wi11 and Testament, hereby revoking all Wills and Codicils heretofore made by me. ITEM l: I direct that all my just debts, the expenses of my last illness and funeral expenses be paid as soon after my decease as the same can conveniently be done. ITEM 2: I direct that there shall be paid out of my residuary estate all estate, inheritance and like taxes together with any interest or penalty thereon imposed by the government of the United States, or any state or territory thereof, or by any foreign government or political subdivision thereof, in respect to all property required to be included in my gross estate for estate, inheritance or like tax purposes by any of such govern- ments, whether the property passes under this Wi11 or otherwise, excluding, however, any property over which I have a taxable power of appointment, provided, however, that no residuary beneficiary shall by reason of this provision be denied the Y~enefit of any deduction, credit, favorable rate of tax or other benefit which by law enures to such beneficiary. ~~~ ....~ %~~= ~•~- `~~°-Samue R."Cala~re~ta -1- LAST WILL AND TESTAMENT OF SAMUEL R. CALABRETTA ITEM 3: I give, devise and bequeath all of the rest, residue and remainder of my estate, real, personal and mixed, of whatsoever kind and nature, and wheresoever situate at the time of my death, in equal shares, unto my children, SHARON L. RAPAK and 5ERENA J. CALABRETTA, provided, however, that they survive me and are living sixty (60) days after the date of my death. ITEM 4: If and in the event that either Sharon L. Rapak or Serena J. Calabretta does not survive me and is not living sixty (60) days after the date of my death, then and in such event, I give, devise and bequeath the interest in my estate, which such , deceased child would have received, if living, to the issue of said deceased child, per stirpes. ITEM `~: I hereby nominate, constitute and appoint SHARON L. RAPAK, Executrix of this my Last Will and Testament, with full power to do any and all things necessary for the complete administration of my estate, and direct that no bond or other surety is required of her in this or any other jurisdiction for her performance of this office. If and in .the event that my daughter, SHARON L. RAPAK, does not survive me and is not living sixty (60) days after the date of my death, or does not complete her duties as Executrix, then and in such event, I hereby nominate, con~s,,t~ftute~and /appoint my Samuel R.~Cala' to LAST WILL AND TESTAMENT OF SAMUEL R. CALABRETTA daughter, SERENA J. CALABRETTA, Executrix of this my Last Will and Testament, with full power to do any and .all things necessary for the complete administration of my estate, and direct that no bond or other surety is required of her in this or any other jurisdiction for her performance of this office. ITEM 6: It is my intention that my son, MARK D. CALABRETTA, be excluded from sharing in the distribution of the proceeds of my estate. ITEM 7: If any provision of this Will or of any Codicil hereto is held to be inoperative, invalid or illegal, it is my intention that all the remaining provisions thereof shall continue to be fully operative and effective, so far as is possible and reasonable. IN WITNESS WHEREOF, I, SAMUEL R. CALABRETTA, the Testator, have to this my Last Will and Testament, typewritten on four (4) consecutively numbere d ages, subscribed my name and affixed my ,J seal this /~°~ day of ' -~'-"~`~''„~ 1990. ~% .. ate' r. ~~~=_"" /%t>'~~." _,rrGt,-2::,'~,~G~~~ ~c.~ ~ (SEAL ) ..._,._, ~mm~ -3- LAST WILL AND TESTAMENT OF SAMUEL R. CALABRETTA Signed, sealed, published and declared by the above named SAUUEL R. CALABRETTA, as and for his Last Will and Testament, in the presence of us, who have hereunto subscribed our names at his request, as witnesses hereto, in the presence of the said Testator, and of each other. ~,L.~L-~~~~,a ~„~~j~~;~residing at ~i~~.,r ., -y,P ; ~.. _~~~~~ fi'+~~7~-~ .c.gr ~ r~.._`_~ ' esiding at. ~ .~ ~~,~ .z / ~ . r -9- t~~7~~ Tax L.D. 40-24-0746-U02 l~ ~ a.~ ~'IDYJCIARY WA.RRAloTTYDEED --~- r,,~ made this ~ day of ~;; 1999; r~ t{„(ry ..r ~t~r~ 1'97 ~ C,x7 fir; cy ~+7 r w~ c;, --. ~'. ~';~ t'rs wf~' ;'9ry ~,~ ~~-~{ .r~ Y-r} ..~ . r~, '-a ~:- zr BE7CWEEN, CT.ARENCE I{. KNYSELY, individually and as Executor of the Estate of ~ DENNIS J. KNISELY, deceased, late of South Middleton Township, Cumberland County, Pennsylvania, herein designated as the Grantor; AND SAlbTUEL R CALAlB1~ETTA, of Mt. Holly 5piings, Cumberland County, rermsyit~a-~ia, i2erw4r designated as the Grantee; WHEREAS, Dennis J. Knisely died August 14, 1996; and WHEREAS, Dennis 7. Knisely died testate, seized of the hereinafter described tract of land; and WHEREAS, Letters Testamentary were granted to Clarence K. Knisely and indexed in the Cumberland County Register of Wills Office to N0. 21-96-714; and WHEREAS, under the Last Will and Testament of Dennis 7. Knisely dated September 1, 1984 the real estate was not specifically devised; and WHEREAS, Grace P. Knisely, one of the heirs named in the Last Will and Testament of Dennis J. Knisely, died November 4, 1998, leaving~to survive her as her sole heir her husband, Clarence K. Knisely: NOW THEREFORE, the Executor conveys the herein described tracts of land pursuant to the powers vested in him, respectively, as personal representative for the Estate, as follows: WI'T'NESS, that the Grantor for and in consideration of ONE HUNDRED TWENTY-FIVE THOUSAND and No Cents ($125,000.00) Dollars lawful money of the United States of America, to the Grantor in hand well and truly paid by the Grantee, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantor being therewith fully satisfied, does by these presents grant, bargain, sell and convey unto the Grantee his heirs and assignes forever. ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly described a.s follows; BEGINNING at a pointsn the centerline of Walnut Bottom Road where the same intersects the northern line of a 40 feet wide street known as Greenview Drive, which point of beginning is 740.75 feet measured along said centerline of Walnut Bottom Road, South of a point in the center of the Walnut Bottom Road at corner common to lands now or formerly pf Roy H. Wenger and lands now or formerly of Lynn R. Bitner; thence from said point of beginning along the northern line of said street known as Greenview Drive, South 42 degrees 39 minutes East, a distance of 205.45 feet to a point in the line of land now or formerly of Glenn E. Kau$inan and wife, recorded in the hereinafter mentioned Recorder's Office in Deed Book "lT", Volurne 20, Page 260; thence along said land now or formerly of Kauffman, North 48 degrees 30 minutes East, a distance of 135.39 feet to a point; thence by land now or formerly of Sylvester R, Snyder and wife, North 41 degrees 30 minutes West, a distance of 217,83 feet to a point in the center of the Walnut Bottom Road; thence along the centerline of said Walnut Bottom Road, South 43 degrees 25 minutes West, a distance of 140.07 feet to a point, the place of BEGINNING. BEAYG, improved with a brick ranch type dwelling house with attached two car garage, and being known and numbered as 1414 Walnut Bottom Road, Carlisle, PA . BEING the same premises which Ronald L. Weagtey, II and Kim G. Weagtey, husband and wife, granted and conveyed unto Deruus 7. Knisely by deed dated August 11, 1995, and recorded August 11, 1995, in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 126 Page 681. AND the said Grantor, in his capacities as aforesaid, covenants that he has not heretofore done or committed any act, manner, or thing whatsoever, whereby the Premises hereby granted and conveyed, or any part thereof, is, are, or shall be impeached, charged, or encumbered in title, charge, estate, or otherwise, howsoever. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. SIGNED SEALED AND DELIVERED in the presence of ESTATE OI' DENI~TIS 7, KNISELY %. ~~. CLARENCE ~ KNISEL , Execut r ~~ ,~~ ~~ ~ C~LARENC I~. ISE Y, In~ually BOOK ~.~~ FAGE ~~ ... COMMONWEALTH OF+ PENNSYLVANIA :ss. COUNTY OF CIJIIRBERLAND ON this the ~ ~~°ti day of ~~~?~'~ , 1999 before me, the undersigned officer, personally appeared ~uwrs,~IC. Y.Jw, individually and as Executor ofthe Estate of Dennis 7. Knisely, known by me (or satisfacton'y proven) to be the person whose name is subscribed to the within instrument and that he executed the foregoing instrument for the purposes therein WITNESS my hand and seal the day and year aforesaid. Notarial Soal MarJorie A. DeLuca, Notary Public South Middleton Twp., Cumberland Counly My Commission Expires Nov. 1, 1999 Member, Pennsylvania Association of Notaries I hereby certify that the precise mailing address of the Grantees is as follows: ~y/~ l.U .a/,v v'y~ ~en~.P ry /~~'.~a(f C~ nC(S'~P(~ r / ~~'j..3 Stato of Penrsyluania tt County ofCun~berlaridJ 86 r;rcor;6ed in the office for the recording of Deeds c:ct. !n nd for mberiand County, P . J~...flool<~, \/ol:`~ Pale witness my hen and e I of office of Carlis{e, PA, this ____.day of ~` 1 Att ey for Grantees ~1 ~..~ 1,~'"r 1•r...t .Y~ ,~..t r~~u a :; l~ a l:ic+ r~:+ r.; •r 1;J i • "'1" ryl I; Mt 1 r"1 +.• + .I ~~ i' I'1 1 i'7 1' i'1 •;a~y i7! ,Ya ~ C"a r-{. 7(i i'Ij I:"'7 I'+5 4 ": ? i" I'7 I"!"I I'rvl ° ^ 'r• ° P~II ~ Lo 5G ~ .• ~-•-t c.cl : ; r.:.v ~:+ tr.:a. . ; rut r . ~1 I fk :110: 1L :1 1 1 , u • I: ; r. • ~I„~, l) Y . ~: :~ : : 1'17 r.,... ,..,. ~{•:' i.~~ Jlu~ t':] 1.. .1 ::a:: ti11i:: : ~ .,n ;;17L r..~. y f..n j'1 :.I .x.:11 ry;t ~..r .., .: ....{ .lil >•Ct yl'•. .r.'1 ~_ I"1'I ::A:: " ~~ r .....A 1-.i •..I:J ••.4jt 1;U r J I~.n. IG:i I.:i' .~.7:: "0.', ...i 1 ..."1 ! Y.,Yt """'1 Im^ .;i 1. :"^J C:::O '71~ I"1"I •.r.l I . I 1 iTi ~•'. 1: ''^t ....••1 1"PI ~1"I rT:t I;.nt %1 ....:I 1'ZJ LI"1 •r rl r' ry, , . :? :I:t•. : ....:1 I 1 i ~ ~ •. ~i .~ t' ~:1 / ~ ~ " r r r'1 ~ c.l'r r~ 1-.:• -rt 3 d... ,.:1 ! ~ ..,., G . 1.-~~ s5l~ nm. fr. Ltt f..'. P.". ... t.C i~.' C.rt ' w~.,p. ~: IN RE: ESTATE OF SAMUEL R. IN THE COURT OF COMMON PLEAS CALABRETTA CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 2011-01306 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss: Sharon L. Rapak, Executrix of the Estate of Samuel R. Calabretta, being sworn according to law, deposes and says that she is the Petitioner in the foregoing matter, and that the facts set forth in the foregoing Petition are true and correct. SWORN TO and subscribed before me this aa~~ day of ~~OedA~Y , 2012. Notar~Public O' Sharon L. Rapak, Execu x Estate of Samuel R. Calabretta 11361-001/187034 CptJIM~NWEALTH OF PENNSYLVANIA Notarial Seal Nancy L. t3reski, Notary Public Susquehanna Twp., Dauphin County My Gommission Expires March 18, 2012 Member, Pannsylvanla Association of Notaries ` ;,c/o Dennis Eckman ?Hooke, Hooke & Eckman Realtors LLC 1977 Walnut Bottom Road Carlisle, PA ] 7015 __ _ _ _ _ - ~~. ,..~ ~.. _ _ _ _ _ __ ..,,.- .. ^ Complete items 1. 2, and.3. Also complete A. Signature ., ~ ~„a ~µf~~~s , ; ' item 4 if Restricted Delivery is desired. ~ ~. X ' C12idd~s' ~' e: ^ Print your name and. address on the reverse - . - so that we can return the Card to you. 8. Received by(Printed Name G ©aYe<af ` ^ Attach this cold to the back of the maiipiece, ~ a~ '~~ ~r `~ ' ,~ ; ~~ ` or on the front if space permits. ~ D. Is dein!ery addnass diiferent from Itert 1~? ~„ ~ ~ I 1 Article Addressed tn: ' ' ` ~ "' , + If YES. enter de~very addnrss6elaw ~ ,~ r +o-,~';# . "~'~ 1 Hooke, Hooke & Eckman Realtors LLC ~ ~ ~ ~ xyx>z ~ ~~"~ ~ k~ ~~ ' } e/o Dennis Eclanan y C ~ ° ~ ° "° ' "` 977 Walnut I3ortom Road 3. Se ce Type ~ '" a ~`~ r7 '~ '~ 't ~,! ~~ ` ~ Carlisle, PA 17015 ` ^ E~ressM'e(I ' ~ ' ~Cert(fiedMail _ _ m ~ .. _ ._ .. _ - - - D Registered Q Return Rerrelpt for fut ^ Insured Mall ~,` ~] G O D~ . ,wi e -:, ,~. s~~ ~' ::! x- 4. Restricted Delivery? (Extra Feet ,` ' u ~]'es ~~+, 2 ard~et~,r<,ix;r„, , . 7011 297D DDD1 9433 DD74 ~~ ~ ~~ ., , 1 b i m s 8 serv ce eJS, ?.. <- ~,. _- jTren fer fro ~: PS Form 3811, Februar3r•`2bp4-~~-~" t'tor>estlc•Retum;F~eceipt -- • - »r-»~~ t~~ x„~ ..:. _ _ .,~ ..d ,, t a 71]11 297D DDD1 9.433 DD81 _ w _: , .: Ps Form X81'1. February~2ooa ati~ R~;m Receipt ^ Complete Items t, 2„ artd 3. Also complete "`- ~" item 4 if Restricted Delivery is desired. , ~` X ^ Print. your name and address on the re+~erse ,. so that. we can return the card to you ~ ~„g ^ Attach this card to the back of the rnailptecea : "~ ~ ~`' or on the front if space permits. ~;~' ~' ~' 1. Article Addressed to: ~ y ~ ` n. ~ & P! 3p ii 3~4 / T3t £ ~ BELCO Community Credit Umon Y}ku.i y A P. O. Box $2 ~;# r 449 Eisenhower Boulevard ,Harrisburg, PA 17108 `r„~' 7 ° + 4 z Artlol@ Nurobery i s ~: ~:: ~ a 11 ' " 2 9 7 rars7arTieunservlcele6sll (1 .; ....,_~~ _.,~,~ ..-.~„-.~~ 9 4333; 711 2970 QOa7~..'9433 ' ~13'S i V } 1{. ~ k ro~ x C ~ ' ~` ~ ~ ~CitiBank (South Dakota), N.A. ~~ €2 r ~ ~. ~" $} ~ ` ~ ~ Y ~+ `~^ e a ~ z s ,,,~ " c/o Derek C. Blacker, Esq. , t : ~ ~ s ~ Y ~ f ~P ;, ~ r ~ s ~ ~ ~ P y ~ ' * Burton Neil & Associates, P. C. ~ ~ 4i ~ ~r '~~ ~~ P~~~' ~ Y`''~~ ~~~ ~~ ~~` '~ 1060 Andrew Drive, Suite 170 ~^~ r 6+ dl~~k ~ ~'~ ~t " ~ l ~ ~~rir~eMkw w West Chester, PA 19380 ' R P a ~. sP ~ v, _; Y v„ ~ ~.~, GY , ~: b i~ : - x. d; ,. ,:, ` ~ -~,~t Yi.. ~ . ~,,. - 7!]11 2970 OD[J7, 9433 x],42 ~ ~ • ^ Gbrttpl6te'Rems Tr 2, ~ano x. ruav ....,, Rem 411' RasLtck@d peUverY is desire ~^ PrIrRYourname~nd~addtess oq the i so that we can return the card to You ^ Attach#his ~~ the back of the m or on the front If'sR,ace permits. 1. Article Addressed to: Cumherland Goodwill Fire Rescue 1;M5 I P. O. Box 726 New Cumberland, PA 17070 E, ti 2 Article M4rrnber `~ 1 oc s:,.R; ~R11. FeliitnarY 2b04 11 297L1 QQO1 9433 Q159 ~; _ ,"1y < „. rtn"' °Rl~um Reeel`pt4 ~ ' ~"'»: t ~` ~` ~,.~; ~ , 97D,Q~p1_9433 Q166, ~~ A ~ ~ ~ h~~ ~l Y 1 1 i ~ X >-4 Y } ~ v 9"[' ~I t~ i t n ~ ~ Y cy f ~ b p f f# y., i" 5 4~ ~~~ ~ ~ 1 ~ i ~ h 8 t y x~ $ e artment o Veterans Aff'a ~rs `'= ~ J . ~ ~ x e x + i.+9 Lebanon V A Medical Center A t ~ ~ ~ ` ~ ~ `` '* ~r,,, ~" b~~~' , ,. >~ ~„,,, Y ] 700 S. Lincoln Avenue ~~~ ~ ~ z °~"^~~ , Lebanon, PA 17042-7597 ~ . 3'F. ~ ~ ~ "h ~~ „~ , ~ s E .. d~~4 7~ h '°d M 'W l ~y~ry'~ rt~a 4 Rest~ct®d 11'1 ~~`(®S ~~'~~'? 7Q11 2970 OQQ1 943'3 Q173 t~oto,set,~r~ratieA __. P'3 twf9M79 °11 i 1tArY 21~F74 Qnglic~l4etum RB¢ei~it , __ ~ 1 ~ L ~, acid"3. AlsoCOmplete ` ~>< Coi~pl`iie items t .~ /~. Si na i -- + '. ~ , ~ item 4 if Restricted Delivery is desired. C~ 7~ ~ ~ .' ~ ~ ' X i~ Prlrit your name and address on the reverse ~ ' 'sa that we can return the card to you. ~ by (Printed Namt G u , ^ Attach this hard talhe.back of the mailpiece;. ~ ~~~~ f ~ ~ a ~ ~ or on thefront if space permits. ` ' ' D Is delivery address diRererd from item'I~. 1. Artic)e gddrassed to; enter delivery address below 9 It YES ,. .', -s?r. ~ Carhsle Regional Medical Center 45 Sprmt nrive " ' Carlisle, PA 17013 3. loe Type ~Certifled Mail ~ Express Mail I ~ ~. " ^ Registered F] Returrafi~celp~f~, ^ Insutdd Mhil ~ Q.O.D., "~ , ~~ ~~ t ~ `' 4. Restricted Delivery? (FxGa Fee) ; ; f ~,» r .,. s .. ' _ t .. ~3. z ~~tl~~`.r F" " _ 7Q17, ledl8oel} 297Q 20Q1 9433 _Q18Q ~ ~ ,~`: ~ .~ m a , ,~ ~ ~__ _...~.. ~N __ _.. ~_ _ ,,. r_. ., ..~~ , ~ ~ " ~' PSE,orrn~811`Fetiruary"2004 aDCmestlcReturrrReceipt ~ ~ , • hr #5Y +s p x ~tt~~ffii:,~aeo~13 R1sQCOr~plete ~ , ~ ftettft4:tFFilc~e~veiy'isdesired: ^ Agent X ~ F~1E1t your'rr~m~;;nd address on the reverse 0 Addressee sO f19&t ws C8t7--HtUt'tt ttfe Qefd to you. R eiv P d Name) C. Date of Delivery ^ h;fhis.card:tiatn~lae;~BCk©f the mailplece, ` ~, ~ ~ ~ Z~~ ~ ~ e fnorifif'st~aca pei~i~tts. ': Girl t~ ; A. Isdelivery address differerrt from Rem 1? ^ Y ~ i. cis$ddr~ssetPto- ~ ~ , ,, ~ ` { ` If YES, enter delivery address below: ~ iPNC Bank - -" ~ ~ i iP. O. Box 3429 1 :' Pittsbur h Pq ; g , 15230-3429 3: se~~ 7YPe ~--_ -_ __ ~Certrfled'Mail ^ Expr~sMall 1, .__ __ ;. `. a - O;ffiegistered; ~ RetumRecelptforMerolk~ndi9p } ^ Insured Mail ^ GO.D. g•. 4. Restricted Del'IVerl? (Extra Fee) ^ Yes.:. , z ~ ' R~ ~~ 7011 - ~~ 2970 0~~1 9433 021 ~ """~' , ~. .___._ , _.._ F .. ~ x - - - -- P£i'~.~i~~~'i ~4'~04,. I,~mmestie Returri-Receipt - ` ^itY2595A2-M$ ~ • • 1 •, ~ ^ Complete items 1, 2, and 3. Also complete A. Sjy"a~"re ~ ~7' item 41f Restricted Deiivery is desired. X ~ (.~_~QX.X-Y~ ~ Q ^ Print your name and address orr the reverse so that we can return the card to you. Reoelved (Printed Name) C. Nrer7l a ^ Attach this Card to the back of the mailpiece,, ~ ~L.~~~~~~ ~ '' s or en he front if spacepennits. o. Is delivery address different from tram 12 ^` ' ~, icle Addressed to: f YES, enter delivery address below: ©No Cumberland Goodwill fire Rescue EMS ~" c/o Cpmmercial Acceptance Company P. O. Box 3268 3.,, Shiremanstown, PA 17011 ~~ Mail Q ~~ __ _ _ ^ Registered ^ Return Receipt for Merchandise ~ Insured Mall Q C.O.D. 4. ResMcted Dellve+yt (Extra Feel ^ Yes .. z. ArdoleNumber'. 7D11 297D DDD1 9433 D241 (nerrarerrramaart~ceae~J1 -- _ --- - -_ - ~ Ps Form 3811, February 2004 Dtxnestlc Return Receipt tosseGOZ-krtsao ~, _. _ „ item 4 if Restricted vpnr~„ IS d~rAjd 9 X ifie reverse ~ ^ Print dour name end address on / ~ i3`~ ' , ~ so.that we can rettrrrt tflie card tb you, ail leCe~ +if th th t~ d a B, R ~ (~trtnad erne) ~ , ~~te'of; ~~ p e m a t rd tC e ^ Attach this c h rmits ~ ~* th f nt ff r ~' ~ 1 e . o pn e ro apace - ` . Ds Is dethreryadtlress diRererrt horn item 17 EQ Yes 1. tcle Addressed to: ~ ~,:rr if YE3, enter' delivery, address belovr: ^ No birect TV ! _~. P, 0. Box 11732 Newark, NJ 07101-4732 3. Gerdfied Mall Q Express Mall D Registered ^ Re1um Rerslpt for MeroMrrdlse ' ^ Insured Mail O G.O.D. 4. Restricted Dellveri/1(Extra Fee) ^ Yea 2. ''~` ~ 7D11 ... 297D DDD1 9433 D258 R rrom ~ne-1 -- _.__ _---- -. ~. a PS Forrn 3811, February 2004 Domestic Return Aeestpt to2sss~az-neasao ,~,... -: ^' fi:brriplete iteirra 1, 2, end 8: Also complete ' "A: slgrtetuie' i . Iterrl4 fF ReshtcterJ'L)alivertr is desired. ^` PNnt your name and address on the reverse X L~~ '~~~ ~ ~p~t SOrt#78tWe Can r9h7ITA She°tt~d tta jrou. ~ ~ ~ !i_.rwsee ~ • Atfiada this card to the,tpadc bf the rnail iece @ R@celved by(Prln Q," ~ every ' p , or bn the front M sp~e'permlts. ~ ~ ,, : ~ , t Art~le Addressed to: D. >s deivery' ~ c` >~ ~3'ss tiYES.enterdel address `Cl'~1rYC - April H~. ~ ~ ~~ CenturyLink , s P, O. Box 1319 Charlotte, NC 28201-1319 w.„,~. 8. >yPe CerYfled Mall ^ ExPreee McJI © Reglsteretl ^ Return RecNpt for Mercharrdlse ^ Insured Mall ^ C.O.D. 4. ResMcted OeUveryt (Extra Fee) ^ Yes 2 Article Number (77ar>aibrrrom servdce rebaf 7 D 11 _ . _- 2 9 7 D D 2 ~ 1 9 4 3 3 D 2 6 5 - ___ PS Fomt 3811, February 20D4 Domestic Return Aecelpt __ ~ .9 ~ ~ aiid 3: ACso complete ~ ~; s'[gnatute "` ~ ~ .. ~ ~ ~ ~ r,,,,,,. ~' t/Vla l'Ap4V ~~\V~l nn~.y.i ~Y'~~j{) y-..~YJ tti~ ~ 11 RQJV tLA~ Vq~FII~i y ~ YV?!ICY. ~. ~ t Print your narte ar1(i addtess oci the reverse so filet tNe can return the card to You. nted Name) _ g. EtaceNed by (E ~ ^ Attach this cad 4o the back of the' mailpiece„ ~ .,~ '' or bir ~e floret if sP~~'P~tts. ~ D= Is delivepradtlress d(fferet3t from item 1? _ , l b t°, , cleAddiresr~edto: ow. e lfYE3,enFerdeiiveryaddress Interstate Waste Services ~~ P. O. Box 25084 ~_:~- Lehigh Valley, PA 18002 i , 3: S , Ge ~!!~ c CerdNed Mail ^ Exp!iass Metl „4 ^ Registered ^ Retum Receipt .,, ^" Insured Mail C] C.O;d; _ • ~,,`.;>`~^ ,..:. ~• A. Restricted pellvery?' ~a Fee) ~ ~. '~ t 7x11 297 ~~~21 9433 0272 ?t~;~,~~, _ A ~f;.= .T ~:lnmrer .~~31;1 i &®bt,y200A Gd„Siic RekUrr RecelpY _ R ,_ ' ~ - k 4 ~ . ~ ~ *g £ ~ y ft. Y^ ER'R' u~y~y t~y/~o-~~d'i~gr5gs k ^~"~~^, ,'~ ~~} kYY4 'e'~fMi ~ ~ '$d ''~~4~'S ~. `"~WF^al iLinda Dolan, Administrative Assistant ` ~ s (Harrisburg Regional Counseling Center '~ ~ ~,. ~ , ,~, , ~taMk, ~s~~k . State Employees' Retirement S stem y , :~ ~ s 30 North Third Street Room 319 ~ tea, id~~ x'14'" ~ c '*^ { ~s ~' , arrisb_ urg, PA 17101. ~t ~~~ a ~` 40, R36tbd'f7~IRae~?~'(fs;i°b~ z. ~~'~` 7011 2970_ a_~ff1 9433 0296 _ _. ~ _ ___ _ _ _ ..r._ -~ 'E~ f~ X1134 1~ltalasti~ RMUna a~etpt