Fill and Sign the Control Number Pa 039 78 Form

© 2016 - U.S. Legal Forms, Inc. PENNSYLVANIA SPECIAL WARRANTY DEED [Corporation to Husband and Wife / Two Individuals] Control Number: PA-039-78 I. TIPS ON COMPLETING THE FORMS The form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe Acrobat (“.pdf” format). “Form fields” facilitate completion of the forms using your computer. They do not limit your ability to print the form “in blank” and complete with a typewriter or by hand. It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the Forms toolbar. Look for the button on the Forms toolbar that resembles a shaded letter “a”. Click this button and the form fields will be visible. By clicking on the appropriate form field, you will be able to enter the needed information. In some instances, the form field and the line will disappear after information is entered. In other cases, it will not. The form was created to function in this manner. II. DESIGNATING HOW THE GRANTEES WILL HOLD THE PROPERTY: A. In the State of Pennsylvania, real property can be held by more than one person (concurrent estates) in the following ways: 1. If the Grantees ARE NOT married to each other, they can hold the property as: a. Tenants in Common: a type of concurrent estate in which each party owns an undivided interest in the property that will pass to their heirs when the tenant in common dies. Generally their shares are “equal” but may differ in size. b. Joint Tenants with the Right of Survivorship (JTWROS): is a type of concurrent estate in which co-owners have a right of survivorship, meaning that if one owner dies, that owner's interest in the property will pass to the surviving owner or owners by operation of law, and avoiding probate. 2. If the Grantees ARE married to each other, they can hold the property as: a. Tenants in Common – See above b. Joint Tenants with the Right of Survivorship – See above c. Tenants by the Entirety - a type of concurrent estate formerly available only to married couples, where ownership of property is treated as though the couple were a single legal person. Like a JTWROS, the tenancy by the entirety also encompasses a right of survivorship, so if one spouse dies, the entire interest in the property passes to the surviving spouse, without going through probate. 3. In the attached deed, the preparer will need to indicate how the Grantees will hold the property: as Tenants in Common; Joint Tenants with Right of Survivorship; or, Tenants by the Entirety. B. For additional information on the above see the definitions at: http://lawdigest.uslegal.com/ C. For example: “. . . as tenants in common , . . .” OR “. . . as tenants by the entireties, . . .” OR “. . . as joint tenants with the right of survivorship , . . .” III. 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Special Warranty Deed Page 1 of 3 Prepared by: After recording, return to: Parcel # SPECIAL WARRANTY DEED [Corporation to Husband and Wife / Two Individuals] FOR VALUABLE CONSIDERATION OF TEN DOLLARS ($10.00), and other good and valuable consideration, cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, , a corporation organized under the laws of the State of , hereinafter referred to as “Grantor”, does hereby grant, bargain, sell, convey, and warrant unto and , Husband and Wife, as , hereinafter “Grantees”, the following lands and property, together with all improvements located thereon, lying in the County of , State of Pennsylvania, to-wit: See Legal Description Attached as Exhibit A incorporated by reference Legal Description: PRIOR INSTRUMENT REFERENCE: Document No. (10 Digit): / Book Page of the public records of the Recorder of County, PA. ADDRESS OF PROPERTY: SUBJECT TO all easements, rights-of-way, protective covenants and mineral reservations of record, if any. Special Warranty Deed Page 2 of 3 TO HAVE AND TO HOLD same unto Grantees, and unto Grantee’s heirs, successors and assigns forever, with all appurtenances thereunto belonging. GRANTOR does for Grantor and Grantors’ successors and assigns forever hereby covenant with GRANTEES that Grantor is lawfully seized in fee simple of said premises; that the premises are free from all encumbrances, unless otherwise noted above; that Grantor has a good right to sell and convey the same as aforesaid; AND SAID Grantor will only warrant and forever defend the right and title to the above described property unto the said Grantees against the claims of those persons claiming by, through or under Grantor, but not otherwise. In witness whereof, said Grantor has caused its corporate name to be affixed hereto and this instrument to be executed by its thereunto duly authorized. A Corporation By: Signature Type or Print Name Its: STATE OF , COUNTY OF ) On this day of , 20 , before me a notary public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared , who acknowledged himself/herself to be the of , a corporation, and that he/she as such , being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself/herself as . In witness whereof, I hereunto set my hand and official seal. Signature of Notary Public NOTARY SEAL Printed Name of Notary Commission Expiration Date Special Warranty Deed Page 3 of 3 CERTIFICATION OF GRANTEE’S ADDRESS(ES): I hereby certify under penalty of perjury that the above information is true and accurate. Date: Signature Rank/Position: Special Warranty Deed Exhibit A EXHIBIT A Grantor: Grantees: Legal Description: