HomeMy WebLinkAbout10-20-14 (2) r-v
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Jennifer B. Hipp, Esquire '���� o ' ; s�'_;
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1 West Main Street � > ��=�
Shiremanstown, PA 17011 ; � t ��i
(717) 737-8761 ►--` '�.-= c�i
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Attorney ID No. 86556 �� ' � �;, �,
Assistant Cumberland County Solicitor � �`�'
For Cumberland County Aging and Community Services
IN RE: : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
HILDA J. CLINE, :
Incapacitated person : ORPHANS' COURT DIVISION
: NO. 21-14- 0585
RFQUES"I' FOR ORDER APPROVING SALE OF REAL PROPERTY OF HILDA J CLINE
Petitioner, Cumberland County Aging and Community Services, by its attarney,
Cumberland County Assistant Solicitor Jennifer B. Hipp, submits this Request for Order
Approving Sale of Real Estate of Hilda J. Cline and in support thereof states the following:
1. This Honorable Court appointed Cumberland County Aging and Community Services
as the plenary guardian of the person and estate of Hilda J. Cline by Order dated July
23, 2014.
2. Hilda J. Cline is married to Melvin L. Cline, neither of whom resides in their marital
home, same being known and numbered as 2509 Mill Road, Mechanicsburg,
Pennsylvania.
3. Given their health concerns, neither Mr. nor Mrs. Cline will be able to return to their
marital residence.
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4. In its Order, this �Ionorable Court directed Cumberland County Aging and
Community Services to take all necessary steps to secure and preserve the marital
assets, to include the home at 2509 Mill Road, Mechanicsburg, Pennsylvania.
5. Working with Dale L. Cline, Agent for Melvin L. Cline, Cumberland County Aging
and Community Services has secured the marital residence and obtained a purchaser
for the real property.
6. A copy of the Agreement of Sale for Real Estate for the marital residence is attached
hereto and incorporated herein as Exhibit"A."
7. The proposed purchaser of the marital residence is Forsythe's Investment Group, Inc.
8. Both Dale L. Cline, Agent for Melvin L. Cline, and Cumberland County Aging and
Community Services believe that the terms of the Agreement of Sale for Real Estate
are advantageous to both Mr. and Mrs. Cline, notably to include:
a. Purchase price of$110,000;
b. Purchaser to pay all of the 2%realty transfer tax;
c. Absence of a mortgage contingency given that Purchaser will pay "cash" at
settlement;
d. "As-is" sale of the home, which is in very poor condition due to neglect;
e. All items of personal property located in the home, to include miscellaneous
refuse, to remain in the home;
£ A "quick" sale, with settlement to occur on or before October 30, 2014; and
g. Dale L. Cline, Agent for Melvin L. Cline, estimates that the purchaser's
willingness to accept the property "as-is" and to include all items of personal
property in the home, to include miscellaneous refuse, will result in a savings
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of approximately $850.00, by eliminating the need to hire a waste hauling
company and/or rent dumpsters. See Exhibit "A."
9. The Agreement of Sale for Real Estate is contingent upon the Cumberland County
Office of Aging and Community Services obtaining this Honorable Court's approval
to take all action necessary to successfully conclude settlement on the sale of Hilda J.
Cline's marital resident as per the terms and conditions outlined in the Agreement of
Sale for Real Estate. See Exhibit"A," Paragraph 8.(A).
10. Dale L. Cline, Agent for Melvin L. Cline, supports this Request for Order Approving
Sale of Real Estate.
11. Austin F. Grogan, Esquire, attorney for Hilda J. Cline, supports this Request for
Order Approving Sale of Real Estate.
12. Mr. Grogan and the Cumberland County Office of Aging and Community Service are
amenable to meeting with this Honorable Court via teleconference in lieu of a hearing
to review resolution of this matter..
13. Petitioner hereby respectfully requests that this Honorable Court issue an Order
Approving the Sale of Real Estate of Hilda J. Cline pursuant to the terms and
conditions as set forth in the Agreement of Sale for Real Estate.
CONTINUED TO NEXT PAGE
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WHEREFORE, Petitioner Cumberland County Aging and Community Services
respectfully requests that this Court issue an Order approving the sale of real estate of Hilda J.
Cline pursuant to the terms and conditions as set forth in the Agreement of Sale for Real Estate,
same being 2509 Mill Road, Mechanicsburg, Cumberland County, Pennsylvania..
Date: October I�', 2014 � t
Jennifer . ipp, Esq ire
1 West ain Street
Shiremanstown, PA 17011
Cumberland County Assistant Solicitor
For Cumberland County Aging and Community
Services
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CERTIFICATE OF SERVICE
I, Jennifer B. Hipp, Esquire, hereby certify that I am this day serving the foregoing
Request for Order Approving the Sale of Real Estate of Hilda J. Cline upon the following named
individuals this day by depositing same in the United States Mail, First Class, postage prepaid, at
Shiremanstown, Pennsylvania, addressed as follows:
Austin F. Grogan, Esquire
Attorney for Hilda J. Cline
Coyne & Coyne, P.C.
3901 Market Street
Camp Hill, PA 17011
Melvin Cline
Claremont Nursing & Rehab Center
1000 Claremont Drive
Carlisle, PA 17013
Dale L. Cline
4825 Oakmont Garden
Mechanicsburg, PA 17050
Eugene L. Avery
437 Fairfield Drive
King William, VA 23086
Brian K. Avery
171 Coosaw River Drive
Beaufort, SC 29907
CONTINUED TO NEXT PAGE
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Michael Avery
c/o Jefferson County Jail
809 Richard Arrington, Jr. Blvd N
Birmingham, AL 35203-0122
Date: October ��, 2014
Jenn fe . Hipp, squire
1 West Main Street
Shiremanstown, PA 17011
Cumberland County Assistant Solicitor
For Cumberland County Aging and Community
Services
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AGRE$MENT OF SALE FOR RSAL ESTAT�
THIS AGREEMENT is entered into this �� day of � ,
2014 , by and between MELVIN L. CLINE (in care of Dale Cline,
agent for Melvin L. Cline, of 4825 Oakmont Green, Mechanicsburg,
Pennsylvania, 17050) and H. JANIE CLINE, a/k/a HILDA J. CLINE,
(in care of Cumberland County Aging and Community Services,
Plenary Legal Guardian of H. Janie Cline, of 1100 Claremont Road,
Carlisle, Pennsylvania 17015-8560) , husband and wife, hereinafter
called "SELLER" ,
AND
FORSYTHE' S INVESTMENT GROUP, INC. , of 2855 Heidlersburg Road,
Gettysburg, Pennsylvania, 17325, hereinafter called "PURCHASER" .
IT IS MUTUALLY AGREED AS FOLLOWS:
1 . PREMISES . The Seller agrees to sell, grant and convey
to the Purchaser, and the Purchaser agrees to purchase and accept
the conveyance of the following described real estate situate in
Upper Allen Township, Cumberland County, Pennsylvania, described
as follows:
Being all that certain piece or parcel of real estate
having erected thereon a dwelling house being known and
numbered as 2509 Mill Road, Mechanicsburg,
Pennsylvania, a copy of said Deed being attached
hereto, marked Exhibit "A" and incorporated herein.
Tax Parcel No. : 42-30-2110-028
2 . PURCHASE PRICE. The Purchaser agrees to pay the sum of
$110, 000 . 00 to the Seller, as the full purchase price and
consideration for the premises, payable as follows : $1, 000 . 00 on
Q EXHIBIT
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the signing of this Agreement, receipt of which is hereby
acknowledged, said down payment to be held by James D. Bogar,
Esquire, said account to be a non-interest bearing IOLTA account;
and $109, 000 . 00 in cash unless otherwise herein provided at
settlement of this transaction as scheduled and provided
hereinbelow.
3 . SETTLEMENT. Final settlement of this transaction shall
be made at the Law Office of James D. Bogar, One West Main Street
Shiremanstown, Pennsylvania, or any other mutually agreed upon a�LC
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location, and shall be made on or before October �1, 2014, at �'(�
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which time of settlement the Seller shall tender to the Purchaser �
a properly drawn and executed deed of special warranty, conveying
to the Purchaser a good and marketable title in fee simple, clear
of all liens and encumbrances, except easements or building and
use restrictions visible on the ground or of prior record, title
to be such as will be insured by a reputable title insurance
company in the central Pennsylvania geographical area without
exception or reservation at regular rates. Should Seller be
unable to deliver such title, Purchaser shall have the option of
either cancelling this Agreement of Sale for Real Estate and
receiving back any monies paid as a deposit or accepting such
title as Seller can give without offset, adjustment, or abatement
of the purchase price. Time is of the essence of this Agreement
of Sale for Real Estate.
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4 . TRANSFER TAXES AND APPORTIONMENT OF REAL ESTATE TAXES
RENTS AND EXPENSES AND SELLER'S ASSIST.
(A) All realty transfer taxes shall be paid by the
Purchaser. Current real estate taxes, utility charges and any
municipal service fees or rents will be prorated at and to the
date of settlement . Seller will be responsible for payment of
all expenses normally associated with the sale of residential
real estate, said expenses including preparation of the within
Agreement of Sale for Real Estate. Purchaser will be responsible
for payment of all expenses normally associated with the purchase
of residential real estate, said expenses including, but not
necessarily being limited to, title search, title examination and
title insurance, mortgage application and costs of mortgage, and
costs of preparation of the Deed.
5 . POSSESSION. Seller shall deliver possession of the said
premises to Purchaser at the time of final settlement.
6 . CONDITION OF PROPERTY AND RISK OF LOSS. The Seller
agrees that the property shall remain in substantially its
present condition until date of settlement, and if it is not, the
Purchaser may rescind this contract. Seller shall bear the risk
of loss from fire or other casualty until time of settlement.
7 . DEFAULT. Should Purchaser default in performing this
Agreement, any sum or sums paid on account of the purchase price,
by way of down-payment or otherwise, shall be retained by Seller,
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as liquidated damages, whereupon this Agreement shall become null
and void.
Should Seller default in performing this Agreement,
Purchaser shall have the right of having this Agreement declared
null and void and, further, having any sum or sums paid on
account of the purchase price, by way of down-payment or
otherwise, returned in full to Purchaser.
S . CONTINGENCIES . This Agreement of Sale for Real Estate
is subject to and contingent upon the occurrence or nonoccurrence
of the following events, as the case may be:
(A) The Cumberland County Office of Aging and Community
Services, Plenary Legal Guardian for Seller H. Janie Cline to
obtain an Order from the Court of Common Pleas of Cumberland
County authorizing the sale of real estate as contemplated herein
by this Agreement of Sale for Real Estate.
(B) Seller has no reports or records or knowledge of lead-
based paint and/or lead-based hazards in the property. Seller
warrants that the dwelling unit in question was constructed prior
to 1978 . Purchaser waives the opportunity to conduct a lead-
based paint and/or lead-based paint hazards risk assessment or
inspection for the presence of lead-based paint and/or lead-based
paint hazards.
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(C) Purchaser to retain all items of personal property and
miscellaneous refuse contained in the home and associated out-
building and on the real property as of the date of settlement.
{D) There are no other contingencies with respect to this
Agreement of Sale for Real Estate.
9. SURVEY. If the Purchaser should determine the need for
a current survey of the premises, the cost and expense thereof
shall be borne exclusively by the Purchaser.
10 . STATUS OF SEWER AND WATER. The property is served by
public sewer and public water.
11. MUNICIPAL IMPROVEMENTS. Seller has no notice of
municipal improvements including, but not being limited to,
sidewalk and curbing.
12 . ZONZNG OR DEED RESTRICTION. Seller warrants that the
present use of the property violates no existing zoning ordinance
or regulation or deed restrictions . Furthermore, Seller has no
notice of any proposed zoning change or change in use or
restrictions.
13 . INSPECTION/WARRANTY. It is understood that Purchaser
has inspected the above-referred to property and is not relying
upon any representations made by Seller or by Seller's agent (s) .
Seller agrees to sell and Purchaser agrees to purchase the above-
described property "as is" , there being no warranties, either
expressed or implied, as to the condition of the property.
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Furthermore, Purchaser expressly represents that Purchaser has
had ample opportunity to inspect the above-referred to property
and to investigate and have answered by third parties any
questions Purchaser has regarding the property and the present
condition of same and that Purchaser has not, in entering into
this Agreement of Sale for Real Estate, accepted or relied upon
any statements or representations made to Purchaser by Seller
and/or any of SeZler' s representatives or those individuals
authorized to speak on behalf of or transact business on behalf
of either Melvin L. C3ine and/or H. Janie Cline. Purchaser
expressly acknowledges that it did not receive a copy of the
Seller' s Property Disclosure Statement given that Seller was not
obligated to complete one pursuant to the Real Estate Seller
Disclosure Law (68 Pa.C.S .A. § 7301, et. seq. ) . This provision
shall survive settlement.
14 . PERSONALTY. The following specifically enumerated items
of personalty or personal property are included in the within
sale: Any and all items of personal property, to include
miscellaneous refuse, left in the home and any outbuildings and
on the real property as of the date of settlement.
The following specifically enumerated items of personalty or
personal property are not included in the within sale: NONE.
15 . BROKERS AND AGENTS. Seller and Purchaser both represent
that they have dealt with no real estate brokers or agents in
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connection with this sale and that no brokers or real estate
agent ' s commission is due any person on account of this sale.
Each party shall indemnify and hold harmless the other party from
the claim or demand of any broker or agent for any commission
which any such broker or agent may claim to be due him or her as
a result of this sale.
For the performance of this Agreement and intending to be
legally bound hereby, the parties bind themselves, their heirs,
personal representatives, successors and assigns, as witness
their hands and seals the day and year first above written.
WITNESS: SELLER:
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MELV L. CLINE [ `
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H. JANIE CLINE, a/k/a HILDA J. CLINE
PURCHASE •
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� ��t�� gZI�A M. AVERY, also known aa 8. JANIB CLINB. end MELVIN ; �
L. CLINE, her hasba,n8, oP Upper Allen Rownship, Cwnberland County, �
Pennaylvaaia, GRI+NTOR&, -----•--_-__..----'-'_'-""'--�..------------ �
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g. JANIE CLINE and MF.L.VIbI L. CLINE; her hueband, of Upper Al1en Town- ;
ship. Cumberland County, Pennsylvaa►i.a, GR�lNTEES, -------------��_--- �
I �;EYtl��t��t�TkattnconrfderatioaoJ One ($1.00)-------------��--"
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in hond poid,the receipt wkereof ia hereby aeknowledged,tl►e said g�antors do '�
hereL��ront and eo�ave�to the aaid¢rantee s, their heira a�id assi;n�, � ;
ALL that certaitt tract of land situate in the Townahip of Vpper Allen, j
County of Ctnnberlaad and State of Penneylvania, bounded and described i
as follows, to wit: . •
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� ggGINNING at a point at the interscction of the I.ieburn Road and the '
Mill Road to Graatham; thenGe alo¢►q said I.isburn Road South 81 �
degreea East one hundred eixty-nine aad one hundred twenty-five thou-
sandth (169.125) feet to a point; thence by the same South 81 degrees
East (South 78 degreea 23 minutes East, accord3ng to r�cent�snrvey
made by D. P. Raffensperger, a registered surveyor) a distance of one
handred forty-seven and fifteen one-hundredths (147:15) feet, more or j
less, bo a point; thence along the li.ne of land of W. O. Winger and �
Abbie Windez, his wife. Sauth 03 deqrees 30 minutes East, a distance
of two hundred (200) feet to a point; thence along the 2ine of lands .
of the same. and other land of L. Nelson Wingert and wife, anc7 land
of Conrad Wil�ur and wife, South 78 degrees 23 minutes East, a dis-
tenCE Of three�hundTed (300) £eet to a point oa the line of lands now
. � or formerly of Jacob Kuhns; thence along said line of lands of Jacob
xuhns, South 03 degrees 30 minutes East, a distance of two hundred
I aeven (207) feet to a point; thence along the line of other lands of
L. Nelson Wingert and Esther 8. Wis►qert, his wife, of which this was
� ,y part, North 82 degrees 16 minutes �Jest five hundred twenty-eight
(528a feet, more or less, to a point fn the Hill Road; tt►ence along
North •18 degreea west,(Horth 14 degrees 20 minutes West, according to
zecent survey made by D. P. Raffensperger, a registered surveyor), a "�
diatance.of four hundred fifty-nine (A59) feet, more or less, to a
point�at.the intersectio,i.of the Lisburn Road and the said M321 Road. �
at the place of SSGINNING-
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Fa HAVING thereon erected a two and ene-half stozy frame dwellinq hOuse,
�� frame�barn and other necessazy outbuildings. �• -� �
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I� IT BEIKG the same premises which Theodore 7+. Avery, Jr., and Hilda M.
; Avery, hzs wife, by their deed dated A�� .�, , 19�, �d
�I about to be recorded ia the office of the Recorder of Deeds in and
!' for Cumberland County, Peansylvania, qranted and conveyed unto Hilda
. �; M. Avery, also.knawr► as H. Janie Cline, who joined by her huaband, ,
, '+ Melvin L. Cliae, are Graz►tors herein.
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�� �tt ���1�1tt�9F ���lterraE� aaid�ran.tors ha.e heseunto :et theirliand a
j� auJ scal e the daJ nnd Uear Jlrat above w►itten.
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�'.�a�icl���x';;f:�;d Crnmnomvea2th and CountY. -------_----_-_�-_------_M� �
,��if��y7rylrrit�iit6:;u/Jicer,/�trwona!!y appea��d $. Janie Cline and Melvin L. C11IIC�
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