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HomeMy WebLinkAbout09-26-06 (3) . WEIGLE & ASSOCIATES, P.C. . ATTORNEYS AT LAW 126 EAST'KtNG STREET, SHIPPENSBURG,PA 17257-1397. . TELEPHONE: (717) 532-7388 FAX: (717) ?32-S289 """, ',,, ,', ". ',..'"," .. " .. ,.,.... .>.;:.;,....!<,!.~:,., :.....,:. '.j.-.:>'~'_.."""""'_:"'" ~',..'.,."- . i;/C',;" "l.....'k, '<., . ,',.C,';,,_, "';;-'1';" -' AGREEMENT OF SALE THIS AGREEMENT made this ~ day of ~ ,2006, BETWEEN DENNIS E. WENRICK and LENITA D. WENRICK, Co-Executors of the Estate of ANITA R. WENRICK, deceased, and beneficiaries under the Last Will and Testament ofthe said Anita R. Wenrick, presently of7703 Talhelm Road, Chambersburg, Pennsylvania, and P. O. Box 93, Newburg, Pennsylvania, 14668 Lurgan Road, Orrstown, Pennsylvania, respectively, hereinafter whether singular or plural, referred to as "SELLER," AND LENITA D. WENRICK, of P. O. Box 93, Newburg, Pennsylvania, hereinafter whether singular or plural, referred to as "PURCHASER." WITNESSETH, that for and in consideration of the sum of SIXTY-EIGHT THOUSAND DOLLARS ($68,000.00), to be paid by the Purchaser to the Seller as hereinafter provided, and intending to be legally bound hereby, the Seller agrees to sell and the Purchaser agrees to buy 328 East Orange Street, Borough of Shippensburg, Cumberland County, Pennsylvania, together with the improvements located thereon, more fully described in Exhibit "A" attached hereto and made a part hereof, which parcel of land, improvements, and all remaining contents are hereinafter collectively referred to as the "Property." UPON THE FOLLOWING TERMS AND CONDITIONS: 1. The purchase price for the Property shall be Sixty-Eight Thousand ($68,000.00) Dollars payable as follows: The full sum of Sixty-Eight Thousand ($68,000.00) Dollars shall be paid by the Purchaser to the Seller on the date set for final settlement. Final settlement shall be held within 30 days upon approval from Cumberland County Court of the Petition by Administrator for Leave to Purchase, at the Law Offices of Weigle & Associates, P.C., Attorney-at-Law, 126 East King Street, Shippensburg, Pennsylvania 17257, or at a place agreed upon by both the Purchaser and Seller. 2. At settlement, as hereinbefore provided, the said Seller will at their own proper cost and expense make, execute and deliver to the said Purchaser, a good and sufficient deed for the proper conveying and assuring of the said premises in fee simple, free from all encumbrance and dower, or right of dower, such conveyance to contain the usual covenants of Special Warranty. The premises are to be conveyed free and clear of all liens, encumbrances and easements, EXCEPTING HOWEVER, existing building restrictions, ordinances, easements of roads, privileges or right of public service companies, if any; otherwise the title to the herein described lot or piece of ground shall be good and marketable and such as will be insured by a Exhibit "n" WEIGLE & ASSOCIATES. RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 __"N"=",_"",~,,,,'''''<''k<_--'~_~__~_''_;'_''"'__'''. reputable insurance company licensed to do business in Pennsylvania at regular rates and without exception. Seller warrants that the restrictions affecting the premises, if any, will not be violated at the date of settlement hereunder. 3. All current real estate taxes and other municipal assessments on said property will be paid in full at the time of settlement and shall be prorated such that Seller shall be responsible for all taxes and assessments prior to settlement and Purchaser shall"'be responsible for all taxes and assessments from the day of settlement forward. The parties acknowledge that if the property is serviced by public \Vater and sewer, these bills and assessments will likewise be prorated to the date of settlement. , 4. The Seller agrees to deliver full and complete possession of the above-described premises to the Purchaser on the date of final settlement. 5. Purchaser represents, warrants and agrees that she has inspected and familiarized herselfwith Property, and related improvements and all personal property included within this transaction, and accepts all of the foregoing "AS-IS" and "WHERE-IS." Seller, except as herein provided, has made no representation, warranties or agreements, express or implied, of any kind, whatsoever, concerning the condition of any of the foregoing, or the suitability of the Property for any purpose, and Purchaser specifically accepts any and all risks that Purchaser may not be able, for any reason, to use the Property or any portion thereof for any purpose intended or desired by Purchaser. 6. Seller is responsible for payment of fees for preparation of the Agreement of Sale and preparation of the Deed. Purchaser is responsible for any settlement costs relative to the purchase of the above referenced property including but not necessarily limited to title search, preparation of settlement sheets, and other attorney fees, except as set forth in Paragraphs 3 and 4 of this Agreement of Sale. 7. It is agreed that the terms and conditions of this Agreement of Sale shall in no way be changed or altered except in writing and executed by all parties hereto. 8. Seller warrants and represents that, to the best of its knowledge, information and belief after inquiry and due diligence: (1) no hazardous substance [as defined in Section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) 42 U.S.C. 9601(14), as Amended by the Superfund Amendments and Re-authorization Act of 986 (Pub. L. No. 99-499, 100 Stat. 1613 (1986) (SARA)] is present on the premises; (2) no hazardous waste, residual waste or solid waste as those terms are defined in Section 103 of the Pennsylvania Solid Waste Management Act, 35 P.S. 6818.103 and/or 25 Pa. Code 75.260 and 75.261 is present on the premises; (3) no hazardous substance (as defined in Section 103 of The Pennsylvania Hazardous Sites Cleanup Act, Act of October 18, 1988, P.L. No. 108 (HSCA or Pennsylvania Superfund Act), is either presently being disposed, stored or treated or has ever been disposed, stored or treated by the Seller or to the Seller's knowledge, on the WEIGLE & ASSOCIATES. RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 . . .,_~~...__~...~"..._._"_.,_. ._,w..,.".~ ~"~~""-'-""''''_'~''''''_'~.'''.''''','J"~'",_ premises; and (4) Seller has not been identified in any litigation, administrative proceedings or investigation as a responsible party for any liability under the above-referenced laws. Seller will not use, generate, treat, store, dispose of, or otherwise introduce any hazardous substances, hazardous waste, residential waste, or solid waste (as defined above) in or on the premises and will not cause, suffer, allow, or permit anyone else to do so. 9. The parties hereto intend to legally bind themselves, their lwirs, executors, administrators, successors and assigns, to the terms and conditions of this Agreement. 10. In the event that Seller is unable to give a good and marketable title, Purchaser shall have the option oftaking such title as the Seller can give without abatement of price, or of being repaid all monies paid on account by Purchaser to Seller, and the Purchaser shall also be reimbursed for any title examination search incurred; and in the latter event, there shall be no further liability or obligation by either of the parties hereunder, and this agreement shall become null and void. Seller is obligated to take reasonable steps and expend reasonable sums to clear title of any liens, encumbrances, defects, or clouds which might appear. 11. There is public water and sewer at the Property. 12. The said time for settlement and all other items referred to for the performance of any of the obligations of this Agreement are hereby agreed to be of the essence of this Agreement. 13. Notices. All notices hereunder shall be by registered or certified mail, return receipt requested, addressed to the parties at the addresses set forth below. Either party may change its address for the purposes of receiving notice, by notice to the other. If to Seller: Estate of Anita R. Wenrick c/o Weigle & Associates, P.C. 126 East King Street Shippensburg, P A 17257 If to Purchaser: Lenita D. Wenrick P. O. Box 93 Newburg, P A 17240 14 Financing Contingency. Final settlement is contingent upon Purchaser obtaining mortgage tinancing after reasonable and diligent effort as follows: A. Amount: not to exceed $72,000.00 B. Mortgagee: Patriot Federal Credit Union C. Minimum term: 5 years D. Type of Mortgage: Fixed Rate E. Maximum interest rate: 9% WEIGLE & ASSOCIATES. RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 . '0 ..~~~...... ~~..- -..~. .~. '.- ..... ,~ .---'- . .~ c~__' c."" 15 This agreement constitutes the entire agreement between the parties hereto, and there are no agreements, understandings, restrictions, warranties, or representations between the parties other than those set forth herein or herein provided for. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. /" C. 0/ Z:~Z4 Dennis E. Wenrick, Co-Executor of the Estate of Anita R. Wenrick, and beneficiary, Seller ~~-~ enita D. Wemick, Co-Executor of the Estate of Anita R. Wemick, and beneficiary, Seller ~~ it. Wuut.L Lemta D. Wennck, Purchaser WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 . .. .. ALL that certain lot or parcel of ground with a two-story frame house thereon situate in the Borough of Shipp ens burg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: ON the North by Orange Street; on the East by Lot No. 38; on the South by a fourteen (14) foot alley and on the West by Lot No. 36 and having thirty-two (32) feet front on Orange Street and running back at an equal width one hundred and seventy-two (172) feet to the said alley, and being Lot No. 37 as shown in the plan oflots recorded in the Office of the Recorder of Deeds, in and for Cumberland County, in Miscellaneous Record Book No. 12, Page 434. BEING THE SAME which George C. McCulloch, by deed dated July 10, 1979, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Volume 28N, Page 457, granted and conveyed unto Leonard E. Wenrick and Anita R. Wenrick, his wife. Leonard E. Wenrick died on February 14, 2006. Anita R. Wenrick died on March 2,2006, with Letters Testamentary having been granted on April 5, 2006, to Dennis E. Wenrick and Lenita D. Wenrick, Grantors herein. EXHffiIT "A" WEIGLE & ASSOCIATES. RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 . .. .. pc JOINDER I, the undersigned, hereby join in the attached Petition for Order of Court approving the purchase of real estate of the decedent, Anita R. Wenrick, by the personal representative, Lenita D. Wenrick, and hereby request the Court to grant the relief requested. Lea Dennis E. Wenrick \ COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this, the / Y 0 day of ~ ' 2006, before me, a Notary Public in and for said County and State, the undersigned officer, personally appeared DENNIS E. WENRICK, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. ~Jk Notary Public (SEAL) Notarial Seal Linda K. Klein, Notary Public Shippensburg, PA Cumberland County My Commission Expires August 15, 2008 Exhibit "E" WEIGLE & ASSOCIATES. RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397