HomeMy WebLinkAbout95-00886
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OV4~4b-OOO~8/NoYcmbcr 6, 1995/MCD/DKU47645
ST. JOHN'S LUTHERAN CHURCH,
CUMBERLAND COUNTY, PENNSYLVANIA
COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY,PENNSYLVANIA
ORPHANS' COURT DIVISION
NclY~ 19~
PRELIMINARY DECREE
AND N~W' thls1-l ~aY of m ' 1995. upon consideration of the within Petlllon and
'''''' ""'" ,r J~~" C,m.. ,,~.rt & W,Id,." . 'w'" . "'''','''' " fu, .hhln ...."1""" ',Jd In
Co rtroom No. , Cu berland County Courthouse, Carlisle, Pennsylvania. on the $"" day of
, 1995, at' .M. Notice to be provided to the Attorney General In accor ance with Rule
5. ,Pennsylvania Supreme Co rt Orp ans' Court Rules.
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QO.I~46.000~8/NoY<",bcr 6. 199"MCD/DKU4764~
ST. JOHN'S LUTHERAN CHURCH.
CUMBERLAND COUNTY. PENNSYLVANIA
COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY. PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 'i?S'c, 19..if
~t- DECREE
AND NOW. this t day of ~. . 1995, the Court upon consideration of the within
Pelitlon and after hearing thereon. find that the proposed sale will he in the interest and advantage of St. John's
Lutheran Church of Shiremanstown. Cumberland County. Pennsylvania, and without prejudice to any trust. charity
or purpose for which the real estate Is held and that $20.000.00 Is a fair price for the .155 acre tract located at17 East
Main Street. Shiremanstown. Cumberland County, Pennsylvania.
The Trustees of St. John's Lutheran Church, present Trustees of the Trust created by the Last Will and
Testament of Henry M. Rupp, of Shlremanstown, Cumberland County, Pennsylvania. appointed as said Trustee by
Order of Court dated March 30. 1982, and authorized upon receipt of the purchase money of $20.000.00 to make
private sale and conveyance to Vernon B. Magnelli and Joyce Magneill. husband and wife, of the tract of real estate
located In the Borough of Shlremanstown. Cumberland County. Pennsylvania, more specifically described as follows:
A certain lot of ground situate In the Borough of Shlremanstown. Cumberland County.
Pennsylvania. bounded on the north by an alley. on the east hy (furmerly) Jeremiah
Wise. at the suuth by Main Street on the west by (furmerly) William Balsley.
cuntalnlng a fruntage un Muln Street of 34 feet. and a depth of 213 feet. There being
erecledthereon a well uf wmer und pump, and a bolldlng knuwn and numbered a~ 17
East Main Street, Boruugh uf Shlremanstuwn, Cumberland Cuunty. Pennsylvania.
The nel proceeds from said sale shall be distributed by tile Trustees uf St. Juhn's Lutheran Church as part of
the Perpetual Care Fund of St. John's Lutheran Church, Shlremanstown. Cumberland Cuunty. Pennsylvania. and the
Income derived therefrom to be used for the care and maintenance of the burial Iou of Henry M. Rupp and Henry
Rupp In SI. John's Cemetery located In Hampden Township, Cumberlan unly, en ylvanla.
J.
I
. '.
. 004246-0002810'l<lbcr 27. 19951MCDIOKU47349
ST. JOHN'S LUTHERAN CHURCH,
CUMBERLAND COUNTY, PENNSYLVANIA
COURT or COMMON PLEAS or CUMBERLAND
COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 19_
PIITITION FOR LEAVE TO SELL AT PRIVATE SALE BY TRUSTEE UNDER DEED
PURSUANT TO CHAPTER 83, PROBATE, ESTATE AND FIDUCIARY CODE
To the Honorable Judge of said Court:
AND NOW, the Trustees of St. John's Lutheran Church (.Trustees.), Shiremanstown, Pennsylvania, by Johnson,
Duffie, Stewart & Weidner, respectfully represents as fullows:
I. St. John's Lutheran Church originated in 1787 at the Poplar Church or Manor Church located in Pennsbor
Township (Lowther Manor), now East Pennsboro Township, Cumberland County, Pennsylvania.
Subsequently, in 1806 the Poplar Church Congregation, frequently called The German Lutheran congregation,
began worshiping with the German Reformed congregation al the Peace Church then located in East Pennsbor
Township, now Hampden Township, Cumberland County, Pennsylvania.
2. On August 5, J 865, the German Lutheran congregation adopted a new constitution and a new name, St. John'
Evangelical Lutheran Church, Hampden Township, Cumherland County, Pennsylvania.
3. On November 18, 1873, the German Lutheran congregation, then called the St. John's Evangelical Luther
Church of Hampden Township, petitioned the Court of Common Pleas of Cumberland County for Articles 0
Incorporation under the name of St. John's Evangelical Lutheran Church of Hampden Township. On Janu
12, 1874, the Articles of Incorporation of St. John's Evangelical Lutheran Church of Hampden Township wer
approved by your Honorahle Court. On January 19, 1884, the Articles of Incorporation were recorded in th
Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 3, Page 325.
4. St. John's Evangelical Lutheran Church, In connection with the merger or consolidation of Lutheran Churc
of America and Evangelical Lutheran Church, adopted a new constitution and changed its name to 51. John'
Lutheran Church.
. 004246-boomOclobcr 27, 19951MCD/DKU47349
"
10. Testator's wife, Kate Rupp, testamentary trustee for said lot of ground situate in the Borough of Shlremanstown
and mentioned In Item 3 of said Will, died on or aOOut December 19, 1925, and by Order of the Orphans'
Court of Cumberland County, dated February 8, 1934, Jacob S. Rupp was appointed Trustee.
II. Jacob S. Rupp died on May 13, 1946, and by Order of Court, dated November 16, 1953, D. Stoner Dietz w
appointed successor Trustee.
12. On January I, 1954, D. Stoner Dietz, as Trustee,leased the aOOve described property \0 Merle L. Rider. Th
lease provided for a term of five (5) years for consideration of $50.00 per year.
13. On November 25, 1959, D. Stoner Dietz, as Trustee, let the property to Merle L. Rider. The lease provided
for a term of twenty (20) years for consideration of $50.00 per year.
14. D. Stoner Dietz resigned as Trustee effective February 26, 1982. A copy of his resignation Is attached hereto,
marked Exhibit 'B' and Incorporated herein.
IS. Your Petitioners, Trustees, by Order of Court, dated March 30, 1982, attached hereto, marked Exhibit 'C'
and Incorporated herein, were appointed Trustees to carry out the terms and conditions of the Trust created
In IIem 3 of the Last Will and Testament of Henry M. Rupp, Decea.~ed.
16. On March 3, 1982, Trustees let the property to Merle L, Rider. The lease provided for a term of one (I) ye
for conslderalion of $480.00.
17. On December II, 1982, Trustees and Merle L. Rider extended the lease dated March 3, 1982 by Extenslo
of Lease Agreement. The Agreement provided for an extension of one (I) year for consideration of $480.00.
18. On September 17, 1991, Merle L. Rider and Mary Lou Rider, his wife, transferred to Trustees, by Bill 0
Sale, the building erected upon the property numbered as 17 East Main Street, Borough of Shlremanstown,
Cumberland County, Pennsylvania. A copy of said Bill of Sale is attached hereto, marked Exhibit' D' an
Incorporated herein.
.3.
. 004Z46.boozS/Octobcr27, 19951MCD/DKU47349
"
19. The property has not been leased or occupied since September, 1991.
20 There are no liens or charges of record against the said real estate,
21. The Trustees have obtained a real estate appraisal, dated July 3, 1994, from a qualified real estate appraise
with respect to the real estate indicating that a fair market value of the real estate is Twenty Thousan
($20,000.00) Dollars. A copy of the appraisal Is attached hereto and marked Exhibit 'E' and Incorporat
herein.
22. On September 20, 1995, the Trustees executed an Agreement of Sale for Commercial Real Estate to conve
the property contingent upon approvals of the Orphans' Court Division, Court of Common Pleas 0
Cumberland County, Congregational Council of St. John's Lutheran Church and the Congregation of St. John'
Lutheran Church.
23. Vernon B. and Joyce Magnelll, husband and wife, of Lower Allen Township, Cumberland County,
Pennsylvania, are the proposed purchasers. In consideration for the .155 acre tract (Including the structure
is $20,000.00. The terms and conditions of said sale are set forth In an Agreement of Sale for Commercial
Real Estate, dated September 20, 1995. A copy of said Agreement of Sale for Commercial Real Estate I
attached hereto and marked Exhibit 'F' and Incorporated herein.
24. Approval was received from the Congregational Council of St. John's Lutheran Church by Resolution, dat
October 3, 1995, attached hereto, marked Exhibit 'G' and Incorporated herein.
25. Approval was received from the Congregation of St. John's Lutheran Church by Resolution dated October 8
1995, attached hereto, marked Exhibit 'H' and incorporated herein.
26. Petitioner is satisfied that the price offered for the subject real estate Is fair and will be in the best interest an
advantage of the Trust created In Item 3 of the Last Will and Testament of Henry M. Rupp.
-4-
. 004Z46-000ZS/0c\obcr27, t995IMCD/DKU47349
,. ,
27. The sale of the real estate and the distribution of the proceeds to the Perpetual Care Fund Is most benefic I
to the preservation and purpose of the Trust,
WHEREFORE, your Petitioners pray your Honorable Court under the provisions of Cbapter 83, Seclion 830 I throug
8306, Probate, Estate and Fiduciary Code, 20 Pa. C,S,A. fi8301-8306, to authorize Petitioners to sell the .155 acr
tract (to Include the structure) and to distribute the net proceeds therefrom to the Trustees of St. John's Luther
Church as part of the principal of the Perpetual Care Fund and the Income derived therefrom to be UJed for th
maintenance and care of the St. John's Cemetery and the burial lots of Henry M. Rupp and his father Henry Rupp
located therein, thereby preserving the purpose of the Trust.
...
,
-5.
. 004246-0002B/Oc\obcr27, 1995IMCD/DKU47349
"
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
:55.
On the ,Lv) day of J\l,\ :",,'\',L ,1995, before me, the undersigned officer, personally appeared
ALBERT R, STALLKNECHT, who acknowledged himself to be the Chairman of the Trustees of St. John's Luther
Church, and that he as such Chairman, being authorized to do so, executed the foregoing instrument for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARIAL SEAL
DONNA K. LINDSEY, Nolary Public
lcmoyno Borougn Cumberland Co
My Commission Expires Mar. 15, 1999
Not' ie
I
'. M commission expires
(SEAL)
z.
~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
:55.
On the ,..)N:) day of ;0, I J, ,.~: ( ,1995, before me, the undersigned officer, personally appear
ROGER F. TROSTLE, who acknowledged himself to be a Trustee of St. John's Lutheran Church, and that he as such
Trustee, being authorized to do so, executed the foregoing instrument for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official,seal, /.
-L)/ ?
Not~lIc .
My commission expires
NOTARIAL SEAL (SEAL)
DONNA K. LINDSEY, Nolary Public
lemoyna Borough Cumberland Co
My Commission Expires Mar. 15, 1999
-6-
'OO4Z46-liOOZ8/Novcmbcr 6, t 995/MCD/DKU4 7349
COMMONWEALTH OF PENNSYLVANIA
:55.
COUNTY OF CUMBERLAND
On the (::)'1) day of {JOJ''Jlt ( ,1995, before me, the undersigned officer, personally appeared
GARY T. GARDNER, who acknowledged himself to be a Trustee of St. John's Lutheran Chureh, and that he as such
Trustee, being authorized to do so, executed the foregoing instrument for the purposes therein contained,
IN WITNESS WHEREOF, I hereunto set my hand and Omelal.seal.), /'
, ,~. /( '-1
NotaJy l'ii1mC
NOTARIAL SEAL My commission expires
DONNA K. LINDSEY, Nolary Public (SEAL)
lomoyno Borough Cumberland Co.
My COmml..lon EllplrGl Mar. 18. 11l9O
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
:55.
On the ,,),~v day of ;VUJC ',Il'l. ,1995, before me, the undersigned officer, personally appeared
ROBERT E. WARREN, who acknowledged himself to be a Trustee of St. John's Lulheran Church, and that he as such
Trustee, being authorized to do so, exeeuted the foregoing Instrument for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal"" /1'
.' ) A.
&ol~biic
My commission expires
(SEAL)
7'
NOTARIAL SEAL
DONNA K. LINDSEY, Nolary Public
lomoyno Borougn Cumberland Co
My Commission Expires Mar, 15, 1999
.7.
, .
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BIl IT m!~t.BE~lUl, ~hl~ I, H.o17 .. IiIlpp. ot Sbl.....l1.OtoWD,
CUab.~I.od COUO~T, f.nnITI,.ot., olrob.n', b.IQI ot .ound .Dd dl.-
pOllc& oSnd, ...1>017 .Dd und. Mtoodt ,,<<, .Dd oon.old.r1,,<< tbo ""o.~.lo'r
ot llr., do th.rororo OA&o, publl.b U>d d..l.... W. h be IQ' 1....
'111 aDd 1e.taEt.nt, 10 1Uc.c'r and ra,.. tolloriara, that 1. to "7'
Hn, 1 dlro.~ th.t ~ bodT b. d...oUr 10t.~,..d 10 .
C'h~I.tloo-llk. tuM.~, 10 tho Old ~~oo. c.... to 17. oPPOllh a1U.........-
~o'm, In Ho.."d.o TOrtllhlp, Cuab.~lond Countr, fo",arh.nlo, Uld tl>o'
W7 8~v, be lultat17 mArV.d with a aoDUDont to b. ..1.ot'4 b1 W7
.xooutor n..,10 naa:let4. at . co.t cot to ..z0,.4 tM lUll or Ct.600.00)
Doll...., .nd ~hat .11 or JUlt d.b," .Dd ruo.r-a.l .:,p.I1.OOI b. tI...t p.ld
o~ ot ., ..tat. II loon ~. oODy.nllntl1 caD be done atter -r d.o.....
I~.ol I 81'. And b.qu..tb to -r b.lo,.d wit.. lat. ftupp.
.11 "'T p.roon.1 pI'OPI,.tT. locludlog t'urultu.... book" plct"...., ",o.r.
PI'"OIr.!"OI'7 not.., boD4l, book aaoount., aDd whatl..lr bllol1.l1 in aCT
01.. to mr P....oo.l .I~at.. to ba hand.d 0'." to ha,.. br "'1 Exeo"to,.
barlto na~.d, al 1000 .rtlr .7 d.o.... .. OlD b. oo~l.t.Dtl, witb .
prop",. I.~tll..o~ ot .11 ~ d.b~.1 .nd to ba,. LCd \0 hold Lb. ....
to biT' and to tar b.l,.. aDd '..lgD.l tONYlr.
It.ol I Sl,. .04 d.,I.. to IQ' balo,.d ~t.. lat. BupP. .04
luob IUCCIIIO~I .1 &OT. rl'O. ~1.. to tl... be "pPolD'" br ,ha Ol'phal1.O'
CoUM or CUlIborland Couotr, . o.M.lo 10' ot 81'Ound IUI>.Il'.d h tno
Bo~ough or ~btro.lnltoOD, Countr .nd St.t. ato.....ld, bound.d on tb.
coMb b, .n I11IT, on tho ...t br (to,,",.lr) J.ro.a1ab I'to.. 00 'b.
lou'b br ..In St~.., and on tb. ""' br (to"'.~lr) ~111Ia", Balll.r.
oont.lolns . r,.ont.S. on ..In 5tro.t or Tbtr\r-roUl' (~4) P..t, Lnd a
d.p~b or 1.0 RUDd~ld .Dd Thlrt..n (21S) P..t. Tb.~. b.l.. .,..o,.d
'h.~.on · ..11 or wat.r .Dd pump. In Truet, ,hAt "'7 ..ld 1.....t.. .04
b.r 'uca...o~ k..p the .aid lot, t.no.. tb.~oa. &nd p~, La 1004
t;XIIIIIIT I'A"
NFISr, .nd U...t ther eol1lct, .nd u.e th. INJUll 'noo.. th.,..tJooa,
.rt.r fir,t d'~\.:ctSns . re..onable campeD..tiOD rol" '.Mlo.., aDd "be
.ror...ld ref.lr., for .nd to..rd. lc..plag -.:r ~Yrlal lot In prop.r
oor.dltloa lad rep.lr./ aad If t~..re 10 oar or IIld taco.. ro..ll11D,
art.,. coc.;:lr1ns with the Iror"ald d' ....etloD. th'n to u., .uoh
~ala.nc. tOwardl k"flnc l.D propor ....pdr tb. ~Ul'I.l lot at IIJ' t.....r,
Henry R\;;.p.
Boo.. All tho re.ldu. o.nd r....IDd.r ot IIJ' real ..t.t.,
wh.re".r .1tuat.ld, r Sl", .nd d..,1,. to rq belc,.d w1t.. taL, Rupp,
to hav. .nd to hold tho .0.. tor .nd durlns b.r DAtural lit., or LI
long AI .he remair.. a widow: But In lobe '''.ot that lb. .hall ,....."7.
thea I dl...ct that all q ....1 OItat., IUO'ftlaS tb. lot b....lnb.to...
d.vl..d) .ball b. .old, Lad tho pro...d. dlTld.d .. tallow.. ODO-thlrd
tb.reot to b. p.ld to KT wit., E.t. Rupp, .~.alut.lr, .nd tb. rowalo-
Ins too-third. to b. .qY.llT dlTld.d &aong.t IIJ' brotb.r. .Dd .I.t.ra
Lad tb. children at d.o....d broth.r. Lad .I.t.ral tb. aald .hlldroo
to b. .ntltl.d to .uob ab..... or .ba..... .. tb.lr p.ront. would b.T.
be.n .ntltl.d to roO.IT., It tb.n 11TID&,
Aad l..tlr, I do ~lc., .on.tltut. .nd oppoLnt Chrl.tloo 01.'.,
ot I.chlnlelburg, Cu=berload Co~tr, '.on'rlTLClo, to be tb. Ex.cu'or
ot tbl. =r LIlt ~'ll and T..toa.nt, b.....bT ....Toklog all tora.r 8111.
.nd T.atoe.at. br ,. .t LD1 tlo. b.....toror. ~d., o.nd d.clar1D1 tbJ.
to b. 'r Lo.t 1111 oad T..too.ot.
II lI1TJrEg9 mre RIO'" , I hn. b.roWlh aubocrlb.d IIJ' ......, Uld
.rtl~.d 'r ...1, tb. ~ourt'.Dtb 40T ot ..reb 10 tb. r-ar ot our Lord
00. Tboul.ad Elcht Hundrod oad Ila.tr.
Signed, "Iled, pub11.b.d and
d.elared b7 tbe "..,.top aboy. aaa.d, .,
..ad ror hi. 1,.t .,,11 and Te.t'..nt, 1n
the p,....oc. or U', wbo hay. ha~uDto.
It h:. reque.t, .ubllcrlbad our n.a....la
h1. p~..nc'L lnd In the pre'lnc. or ..Db
oth.,., ... w1. n'I", h.,..to.
/Illlfllr.. flOP' (!It,LL)
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HESIGNATION
I, D. STONEH DIETZ, having been appointed Trustee pursuant to
Order of the Orphans' Court of Cumberland County, Commonwealth of
Pennsylvania, which said Order is dated November 16, 1953, to carry
out the terms and conditions of the Trust created in and by Item
3 of the Will of Henry M. Rupp, Deceased, do hereby resign as said
,
Trustee. This resignation shall be effective upon the appointment
of a successor trustee or trustees by the Cumberland county Court of
ICommon Pleas, Orphans' Court Division.
I DATE:
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EXHIBIT "B"
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!I IN REI
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\TO THE HONORABLE, THE JUDGES OF SAID COURT:
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,Lutheran Church, Shiremanstown, pennsylvania, by JERRY R. DUFFIE,
!ESOUIRE, respectfully represents as follows:
ESTATE OF HENRY M. RUPP
LATE OF SHIREMANSTOWN,
PENNSYLVANIA, DECEASED
IN THE COURT OF COMBON PLEAS OF
CUr~BERL"llD COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
PETITION
AND NOW, JACK SHADER, President of the Trustees of St. John's
1, That your Petitioner, JACK SHADER, is President of the Trustees
1\ of St. John 's Lu theran Church, Shiremanstown, cumberlar,d County,
I Pennsylvania,
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2.
That the Cemetery Committee of St, John's Lutheran Church
is charged with the duty of maintaining and caring for the St. John's
jcemetery, Hampden Township, cumberland County,
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I 3. That Henry M. RupP, pursuant to his Last will and Testament,
ijdated March 14, 1890, directed that hiE body be interred in the old
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I Cumberland County, Pennsylvania.
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That in Item 3 of the Last will and Testament of Henry M.
IRUPP, he directed as follows:
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"I give and devise to nlY beloved wife, Kate Rupp,
anc such successors as may, from time to time, be appointed
by the Orphans' Court of Cu~berland County, a certain
lot of ground situated in the Borough of Shiremanstown,
County and State aforesaid, bounded on the north by
an Alley, on the east by (formerly) Jeremiah Wise,
on the south by Main Street and on the west by (formerly)
William Balsley, containing a frontage on Main S~reet
of Thirty-four (34) Feet, a~d a depth of Two Hundred
and Thirteen (213) Feet. T~ere being erected thereon
a well of water and pump, in Trust, that my said 7rustee
and her successors, keep the said lot, fences thereon,
and pump, in good repair, and that they collect, and
use the annual income therefrom, after first deducting
a reasonable compensation for services, and the aforesaid
repairs, for and towards keeping my burial lot i~ proper
cc~cition and repairs; and if there is any of said
income rerr.aining after complying with the aforesaid
direction, then to use such balance towards keeping
in proper repair the burial lot of my father, Henry
Rupp. "
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llwas duly proved and recorded in the Office of the Register of Wills
I of Cumberland County in Will Bock "U", Page 28. A copy of said will
I is attached hereto, marked Exhibit "A" and incorporated herein.
5.
That the said Henry M. Rupp died and his Last Will and Testament
6. That Testator's wife, Kate Rupp, who was the testamentary
Trustee for said lot of ground situate in the Borough of Shiremanstown
Ii and mentioned in Item 3 of said Will, died on or about December 19,
1925, and by Order of the Orphans' Court of Cumberland County, dated
February 8, 1934, Jacob S. Rupp was appointed Trustee in her place.
7. That Jacob S. Rupp died on May 13, 1946.
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s. That by Order of Court dated November 16, 1953, 0, Stoner
Dietz was appointed successor Trustee of Jacob S, Rupp.
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ITrustee. A copy of his Resi9nation is attached hereto, marked Exhibit
I "B" and incorporated herein.
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II of St. ~ohn's Lutheran Church, Shiremanstown, and their successors
ielected pursuant to the Constitution of St, John's Lutheran Church,
II be desi~nated as successor Trustees to 0, Stoner Dietz.
H
" NHEREFORE, your Peti tioner prays your Honorable Court to appoint
I the Trustees of St. John's Lutheran Church to carry out the provisions
9.
That 0, Stoner Dietz, successcr Trustee, has resi9ned as
10.
That your Petitioner respectfully requests that the Trustees
of the Trust created by Item 3 of the Last Will and Testament of
Henry M. Rupp, Deceased.
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HESIGNA'rION
I, D. STONER DIETZ, having been appointed Trustee pursuant to
i Order of thl! Orphans' Court of Cumberland County, Com:r.onwealth of
IpennsYlvania, which said Order is dated November 16, 1953, to carry
lout the terms and conditions of the Trust created in a~d by Item
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!3 of the Will of Henry M, Rupp, Deceased, do hereby resign as said
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Ii Trustl.!~ I
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/10f a successor trustee or trustel!s by the Cumberland County Court of
iConunon Pleas, Orphans' Court Division.
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This resignation shall be effective upon the appointment
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EXIIIBIT "Il"
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COMNOllh'EIILTII OF PENNSYLVANIA
COUNTY OF v...--~~ () .. . Q
OSl
On this, the 3.--.Q day of """" ~
, 1982, before me,
a Notary Public, personally appeared JACK SHADER. known ~o me (or
!satisfactorilY proven) to be the person whose name is subscribed
Ito the within instrument, and acknowledged that he executed the same
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Ifor the purposes therein contained,
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IN NITNESS \~IlEREOF, I hereunto set my hand and official seal,
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I,or^_y F"tWt:
Mv Ct.mm:J:lI"n [_rUN &('(', a IU5
LellltlV"'. )00. CUlt.berland CoUAll
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all of their right, tllle ami inlerest with re~pect 10 the building erecled upon real estate municipally known and
numbered as 17 East Main Slreel, Borough of Shire mans town, Cumberland County, Pennsylvania, Further, Rider does
hereby transfer any and all right, title and Interest they have with respect to said building and Trustees accept said
building In an 'as is' condition,
3. Termination or Leuse, By the execution of thi~ Bill of Sale Rider and Trustees hereby confirm and
ratify the prior termination of the Lease by and between Merle L, Rider and Trustees originally dated March 3, 1982,
together with all extensions or said Lease.
4. Mutuul Rele:lSe, For and in consideration of the covenants herein contained together with other good
and valuable consideration, receipt and sufficiency of which are hereby acknowledged, Trustees and Rider do hereby
release, discharge and quit claim the other from any claim, demand, action or cause of action related to or arising ou
of or In connection with the Lease, dated March 3, 1982, togetber with Ihe extension thereof or any maller relating
to the acquisition of the building,
S. Binding Erred. this Bill of Sale shall be binding upon and shall Inure to the benefit of Rider, their
personal representatives, heirs, successors and assigns. this Bill of Sale shall be binding upon and shall Inure to the
benefit of the Trustees, their successors and assigns.
6. Go\'ernlng Lnw. this Bill of Sale shall be governed by and construed in accordance with the laws
of the Commonwealth of Pennsylvania.
[LEFT BLANK INTENTIONALLY]
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Johnson, DUffie, Stewart & Weidner
Property Situated
17 East Main Street
Shiremanstown Borough, Cumberland County
Shiremanstown, Pennsylvania 17011
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REAL ESTATE APPRAISERS
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REAL ESTATE APPRAISERS
2159 Markel Slre.1
Camp 11111, 1'1\1701104"07
717737,05701 ' FAX 737,3906
July 3, 1996
Johnson, DUffie, Stewart & Weidner
ATTN: Jerry R. Duffie, Esquire
301 Market Street
P,O. Box 109
Lemoyne, PA 17043,0109
RE: 17 E. Main Street, Shiremanstown, PA
Dear Mr, Duffie:
In accordance with your request, we have appraised the above captioned
property. This appraisal was made to estimate the market value as of June 16,
1996, the date of inspection.
Market Value is defined as "The most probable price which a property should
bring in a competitive and open market under all conditions requisite to a fair
sale, the buyer and seller, each acting prudently, knowledgeably and assuming the
price is not affected by undue stlmulus. Implicit in this definition is the
consummation of a sale as of a specified date and the passing of title from
seller to buyer under conditions whereby:
a, buyer and seller are typically motivatedj
b. both parties are well informed or well
advised, and acting in what they
consider their own best interests;
c, a reasonable time is allowed for exposure
in the open marketj
d. payment is made in terms of cash in United
States dollars or in terms of financial
arrangements comparable theretoi and
e. the price represents a normal consideration
for the property sold unaffected by special
or creative financing or sales concessions
granted by anyone associated with the sale."
'Uniform Standards of Professional Aooraisa1 Practice, 1995 Edition, The
Appraisal Foundation, p, 8,
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SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS
LOCATION:
17 E Main Street, Cumberland County, Shiremanstown
Borough, Shiremanstown, PA 17011
OWNERS OF RECORD:
Trustees of St, John I s Lutheran Church for the
Estate of Henry M, Rupp
TAX 10 NUMBER:
37,23.0555.083
LAND DATA:
Size
Shape
Zoning:
6,744 Square Feet or ,155 Acres
Irregular
C/N ' Neighborhood Commercial
(Non.oonforming use)
IMPROVEMENTS:
One story detached frame building oontaining
716 Square Feet
PERSONAL PROPERTY:
None
UTILITIES:
Water, Sewer, Electric, Gas, and Telephone
RIGHTS APPRAISED:
Unencumbered fee simple estate
HIGHEST AND BEST USE:
The highest and best use of the subject property
is for oommercial use.
PURPOSE:
Market Value
VALUE ESTIMATES:
Not Applicable
Not Applicable
$20,000
Cost Approach
Income Approach
Sales/Market Approach
ESTIMATED MARKET VALUE:
$20,000
REASONABLE MARKETING TIME:
6 to 18 Months
DATE OF VALUATION:
DATE OF INSPECTION:
DATE OF REPORT:
June 16, 1995
June 16, 1995
July 2, 1995
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Vlew of rear roomj
flote damaged
celling,
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SUBJECT PllOTOGRAPIlS
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Vlew of center alcove
houslng furnace, hot
water heater, toilet,
and electrlcal panel,
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SUBJECT PltOTOGRAPltS
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Street view of E. Main Street looking East,
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Street view of E. Main Street looking West.
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APPRAISAL OF
PROPERTY SITUATED
17 E. Main Street. Shiremanstown Borough.
Cumberland County
Shiremanstown, Pennsylvania 17011
LOCATION:
Subject is located on the north of E, Main Street in Shiremanstown Borough,
Cumberland County, Pennsylvania, known and numbered as 17 E. Main Street,
Shiremanstown, PA 17011
PURPOSE OF THE APPRAISAL:
The purpose of this appraisal is to estimate the Market Value, as defined
in the front page of the report, of the subject property as of the date of the
inspection of the subject property, June 16, 1995.
The market value will represent the 'as is' physical condition of the
property as of the date of appraisal.
FUNCTION OF APPRAISAL:
The function of this appraisal is its use in providing a market value
estimate which is for the explicit use of the client.
PROPERTY RIGHTS APPRAISED:
The property rights appraised assumes fee simple title which includes all
of the rights and benefits inherent in the ownership of the subject property,
subject to essements and restrictions of record,
NON,REAL PROPERTY
The Federal Reserve Board requires the appraiser to identify and separately
value any personal property, fixtures, or intangible items that are not real
property but are included in the appraisal, and discuss the impact on their
inclusion or exclusion on the estimate of market value.
There is no non,real property include in the estimated market value of the
subject,
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OWNERSHIP COrlT'D:
The subject property is not under current agreement or option and is not
offered for sale on the open market. According to public records, the subject
property has not changed hands during the past three years,
AREA ANALYSIS:
The Harrisburg,Lebanon.Carlisle Metropolitan Statistical Area is located
in the south central Pennsylvanla reglon WhlCh conslsts of three MSA'sj
Harrlsburg,Lebanon.Carllsle, York MSA and Lancaster MSA. ThlS flve county reglon
is one of the most strategically located areas in the Eastern United States and
the major center for food distribution in the Middle Atlantic market region which
contains over 40 million people, 1/5 of the national population. In addition,
it is ideally situated as a manufacturlng and transportation hub, Baltlmore and
Philadelphia are close enough that their suburban populations are now impacting
southern York County and eastern Lancaster County. Midtown Manhattan and
Pittsburgh are both about 200 miles from the center of this region,
Four interstates and five major state routes run through Central
Pennsylvania. Convenience to industrial, port and other major cities is very
good with highway distances as follows: Baltimore 65 miles, Philadelphia 103
miles, Washington 100 miles, New York City 165 miles, Pittsburgh 200 miles,
Gettysburg 35 miles, Allentown 61 miles and Lancaster 36 miles, Within a day's
drive, you can reach over half of this country's people and 45~ of the nation'a
manufacturing income,
Freight and rail services to the area are excellent, More than 63
trucklines serve tha area, including but not limited to Yellow Freight, Roadway,
ABF, Carolina and United Parcel, most with major regional terminala located in
the Harrisburg area, Located at the hub of the East,West and North,South linea
of the Conrail Railway, our rail freight yard is the largest in the East, It can
process 4,000 freight cars a day for one and two-day delivery to all major U,S,
cities, That capacity will expand even further as Conrail invests 58 million in
its Harrisburg internodal terminal,
Eight major airlines provide regular nonstop service to
Philadelphia, Pittsburgh, Washington, Chicago, St. Louis, Atlanta and
connections to anywhere in the world, Every major air'freight and
service is available through Harrlsburg's International Airport,
New York,
Boston with
air'package
Employment opportunities in the area are good, The State of Pennsylvania
employs 35,000 area workers. Harrlsburg being the State Capitol and the U.S,
Government employs another 14,000+, most of which aerve the two large supply
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AREA ANALYSIS corn'D:
depots, the Army Supply Depot at New Cumberland and the Sh1p'S Parts Control
Depot in Mechanicsburg, but even includIng the state, the top 50 employers in
Central Pennsylvania account for only 35 percent of all the region's workers,
According to 1nformatlon p,'ov1ded by the Central Penn Business Journal,
December 1994, some of the largest employers 1n the Harrisburg Area include AMP
Inc" Hershey Foods Corporatlon, Pennsyll'atlla Blue ShIeld, GIant Food Stores
Inc., Capital Health System, Herco Inc" Polyclinic Med1cal Center, and Harsco
Corporation,
The economic base of the area 1S diverslf ied and extends from strong
government, service related and transportation facilities to commercial and
industrial uses. Unemployment rates are consistently some of the lowest reported
in the area. This is due in the most part to high State and Federal Government
Employment, as well as, expanding private sector uses of distribution and office
facili ties.
In summary, the area's location with respect to the Eastern United States,
the presence of ~onve.lient hlghway, air and rail transportation and the presenqe
of State and National Employment opportunities have resulted in bright prospects
for continued growth in the Harrisburg Standards Metropolitan Statistical Area,
NEIGHBORHOOD ANALYSIS/TRENDS:
The subject property is located on the northern side of E, Main Street, in
the center of Shiremanstown Borough, approximately 5 miles west of Harrisburg,
The Borough of Shiremanstown itself is located equidistant between the Boroughs
of Mech~nicsburg and Camp Hill,
The immediate area of the subject on Main Street, the major east,west
thoroughfare through Shiremanstown Borough, is a mix of residential and
commercial uses including professlonal offices, beauty salons, bank, Post,office,
personal service, apartments, borough offices, fire station, churches, and single
family homes, Northwest of Shiremanstown is the U.S, Naval Supply Depotj
immediately northeast is the Hampden Industrial Park. The Pennsylvania Railroad
tracks are located two blocks north of Main Street, Several shopping centers are
located within one to three miles of the borough.
Shiremanstown is a Borough of approximately 1,587 residents according to
the 1990 census, located in Harrisburg's West Shore Area, at the eastern end of
Cumberland County. It is a middle lncome suburb with little industry containing
approximately 750 residences.
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NEIGHBORHOOD ANALYSIS}TRENDS CONT'D:
Pr1ces 1n the Borough vary ~Ith the type of property and 1ts present use.
Res1dent1al uses range from 530,000 to 5200,OOO+}. with ages from new to 100+
years, Residential rentals range from 5350 to 5750 per month. Commercial and
ReSIdential propertIes range in price from 5100,000 to 1n excess of 51,000,000
with ages ranges from 5 to 50+}. Yl?ars, Commercal, Industrial, and warehouse
rentals range from 53,50 to 513,50 per square foot, dl?pendlng on the sIze of the
rental unIts and the servIces Included,
The area has been conslstant In maintainIng property values, ActIve, new
townhouse construction is taking place w1thin one block of the subJect, demand
for properties in the area IS moderate with the maJority of the properties owner'
occupied. The vacancy rate of the arl?a appears to be under 5~.
Borough and plann1ng restr1ct1ons permit a WIde range of uses which are
favorable to the neighborhood, PropertIes in the neighborhood qualify for all
types of financing, and mortgage money is available through the many lending
institutions in the area, as well as, possible assistance from Cumberland County
Industrial Development Authority.
Highway accessabili ty in and to the area is one of the neighborhoods
greatest assets, Subject is located within a mIle of Route 15 and Route 11; U,S.
Route 15 is a major north,south traffic artery wich provides convenient access
to Camp Hill/Harrisburg area and also to Gettysburg and parts south, In the
neighborhood, U.S, Route 11 is a four lane limited access with two lanes in each
directIon, Both of these roadways in the area including interstate routes 1,76,
I'8t, and 1,83, and regional expressway improvements of major federal routes U,S.
11 and U,S, 15 and local service routes provide easy access to thIS neighborhood.
Physically the improvements In the area are generally in average to good
condition. Due to the steady amount of traffic through Shiremanstown on Main
Street, the location of the property IS well situated for professional, office
and commercial uses,
Schools, shopping, transportation, churches and public parks are all within
walking or short driving distance.
Values in the neighborhood are e~pected to remain stable due to the
convenient location of the neighborhood.
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SITE:
An irregular shaped parcel wlth 33,9' frontage located on the northern side
of E. Main Street and extendlng to a depth of 200' to Strawberry Alley in the
rear. Access can be gained from either of these tracts, The site has a slight
decline to the rear, The site has a total area of 6,744 square feet as per the
enclosed survey, by C.W, Junkins Associates, Incorporated, dated 09/30/92. The
survey indicates the lot extends to the center of both Maln Street and Strawberry
Alley in the rear, Therefore, the effective usable land area would be less,
The survey (see page t5A) lndicates the drlvewny serviclng the neighboring
property is encroaching on the subject's slte, Likewise, the southeast corner of
the remaining stone foundation located to the rear of the subj ect' s lot is
encroaching upon the same neighbor's land.
The building has limited visibility along Main Street due to its size, The
improvement is described with building data.
There are private sidewalks and concrete curbs on E, Main Street, Parking
is on.street, Site is serviced by public utilities. There is no landscaping ,
the lot is primarily in grassj a concrete sidewalk fronts the building and is in
average condition. Services include public water and sewer, electric, gas and
telephone and all are connected to the site,
LEGAL OESCRIPTION:
See enclosed legal description located in the Addendum of this report,
BUILDING:
The building is a one story, frame structure on wood and concrete block
supports a~proximately 95+/' years old. Property was originally a spring house
and then utilized as a barber shop since 1923. Dimensions are 16'2' x 44'4'
containing 716 square feet. The property was vacant at the time of inspection,
The building contains 2 rooms. The front room has a combination of newer
drywall and wood panelled walls, Suspended tube florescent lighting, wood floor
in need of finishing, wood/particle board ceiling, one porcelain sink, and a
through'wall air. conditioner above the front door, In the center of the building
is a small alcove containing the furnace, hot water heater, and toilet, To the
rear of the building is a room with side entry with painted walls and wall ~o
wall carpeting. Ceiling is damaged due to water leak and needs repaired, There
is a side door, needs replaced, prOViding side entry onto a small wood porch.
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BUILDItIG CONT'D:
Roof is metal in need of scraping, painting, and possible repair. Windows
sre wood, double hung with one fixed, front display window, There are no storm
or screen units. Property is heated by a gas FHA heat, No insulation was noted
for areas were concealed. Pastor Seifried does not know if furnace is in working
order, Exterior needs scraped and painted. There are no downspouts or gutters,
There are two individual electric meters (one for each room), 200 amp electrical
service.
Building is in poor condl Hon ",i th an effective age of 75+ years. The
bUilding IS tilting to the west, Your appraiser is not an expert in
engineering/architecture. Although tilting, the building appears to still have
some functional utility. If concerned, it is recomended the owner contact an
expert in this area, This appraisal is based on no major structural defects
present,
UTILITIES:
Public utilities connected to the subject are:
Sewer
Water
Electric
Telephone
Gas
Municipal
Pennsylvania-America Water Co,
Pennsylvania Power & Light Co.
Bell Atlantic
U,G. I.
ZONING:
Property is zoned C/N ' Neighborhood Commercial, Due to age, the subject
is a non,conforming use due to not meeting the minimum, side yard set back
requirement,
TAXES & ASSESSMENTS: (Tax Map #37'23'0555,083)
Assessment: Taxes:
Land $ 480 County $ 29.15
Improvements 710 Municipal $ 28.56
Total $ 1,190 School $ 149.94
Total Real Estate Taxes S 207.65
Common Level Ratio for Cumberland County: 7,5~
Value Implied by Assessment: $ 15,867
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TAXES & ASSESSt.lEtITS CONT' 0:
The common level ratlo is establlshed by the State Tax Equalization Board
each year and is used as a measure of the relatlonshlp between the assessment and
market value, The ~ark~t value lmplled by the assessment is derived by dividing
the as~nssed value for the subject properl1 by the current Common Level Ratlo,
If the implied mark~t value is substantially (usually at least 15~) higher than
tho market value estimated in thls report, prudent management would seek an
adjustment ln the assessment. If the lmpl1ed market value is substantlally lower
than the market value estlmated ln thlS report, a review should be made of any
additlons and/or r.,.,atlons WhlCh mey have been made since the last assessment,
which may prompl a reassess~.nt 11 the pr~perty were sold.
A note shu"lo be made that while the application of the Common Level Ratio
to the assesced . lue of the property creates a market value indication for tax
purpOSOG, 1t may not be reflective of the actual market condltlons which exist
at the current Ume period, Therefore, the indicated market value through
application of the Common Level Ratio to the assessed property value is provided
aB information only and is not one confirmed or supported by your appraisera.
LEASErS):
There are no leases, Property is currently vacant.
HIGHEST AND BEST USE:
The highest and best use of a property is that use to which the land can
be put which will create the greatest utility for the land, be it in profit or
in amenlties, and that WhlCh is permltted or would be permitted by the local
munlcipal or township authorities, and that which would not be unduly
objectionable to the character of the surrounding property, and keeping within
the scope of the general neighborhood development.
In estimating highest and best use, there are essentially three states of
analysis:
A, Possible use ' uses to which it is physically
possible to put the site in question,
B, Permissible use ' legal uses permitted by zoning
and deed restrictions on the site in question,
C, Feasible use ' posslble and permissible uses that
will produce the higheat net return or hiQhest
present worth,
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HIGHEST AND BEST USE CDNT'D:
The highest and best use of the land (site), if vscant and available for
use, may be differant from the highest and best use of the improved property.
This is normally true when the improvement is not an appropriate use and yet
makes a contribution to the total property value in e~cess of the value of the
site.
The following test must be passed in determining the highest and best use:
A. The use must be legal,
B, The use must be probable, not speculative.
C. There must be a profitable demand for such use and it must
return to the land the highest net return for the longest period of time,
As Vacant:
The highest and best use of land as though vacant assumes that the site is
vacant or can be made vacant by demolishing the existing improvements. The
questions to be answered in this analysis are: If the land is, or were, vacant,
what use should be made of it? What type of building or other improvement, if
any, should be constructed on the land end when?
Leoallv Permissible:
The site is zoned C.N which allows a wide veriety of uses including retail
sales, personal services, offices, and residentiel uses. Regulations call for a
ma~lmum of 75~ nf lot coverage and a ma~lmum building height of 35 feet, plus
certain front, side, and rear yards; there are no plans for zoning changes, The
surrounding sites have been developed with a mix of uses of multi-level
buildings, The neighborhood has older, two story homes converted into
office/appartment uses, Commercial uses would be permissible; as well as multi-
family dwelling,
Phvsicallv Possible:
The lot hss 33,9' front footage and has appro~imately 180' effective, depth
on the western side to its deepest point; or, approximately 6,OOOi square feet.
Maximum building height is 35' WhiCh would allow a multi.level. detached buildi~g
to be built, Although a narrow lot, according to Mr, Federicki, Zoning Officer,
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Phvsicallv Possible Cont'd:
Borough of Shiremanstown, a detached bUIldIng, 20. wIde, could be bUIlt wIth
parkIng accessed from the rear. Or, three of the eXIsting walls could be removed
and a new structure built on the same foundation as a legal, non'conforming use.
Parking would be to the rear of the buildIng,
The site appears readily developable for the legally permissible uses,
While no soil or engineenng t es ts were avallable, the exis t ing improvement
suggests that there are no physIcal constraInts on development,
Financiallv Feasible:
There are no apparent impedIments to the development of the subj ect
property that will cause exceSSIVe development costs. Overall, const ruction
costs, sustainable rents, and occupancy levels for commercial/office uses in this
area indicate that development could be expected to be financially feasible i
especially, for an owner occupant.
Although a small lot, the subject's location in the center of Shiremanstown
would be desirable in providing commercial needs of the surrounding residential
area.
Maximallv Productive:
The highest and best use for the site as vacant would appear to be small
professional office or commercIal use with an appartment(s) above due to the fact
that residential uses are being converted into office/appartment uses.
As Imoroved:
The highest and best use of the property as improved pertains to the use
that should be made of an improved property in light of its improvements, It is
the use that maximizes an investment property value, consistent with the long-
term rate of return and associated risk.
If demolished, any residential or commercial use could be constructed, As
per zoning, the lot requires 5' foot set'backs on the sides of the lot, and a
10' foot set-back from the rear alley, No front set'back is required for the lot
because of the existing structures to the left and right of the subject front the
property line and have established the set back line. This leaves the possibility
of building a 20' wide structure, up to 35' in height,
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As Imoroved Cont'd:
Scince the lot iB narrow, added parking may be difficult, Tha existing
building could be used if improved, being brought up to code, Parking could be
added to the rear, accessed from Strawberry AllaYi and, possibly a driveway added
along the eastern sida of the property.
Acoording to Mr. Prowell, zonlng offioer, the existing bUllding can not be
uBed in its 'as is' condition. The building muat be leveled, new plumbing and new
eleotrical sdded, and brought up to code.
The highest and best uae of the existing structure, therefore, would be
renovation and uaa aa a small commercial businesa or a emall offica, Thia is
evidencad by the fact that a prior tenant began renovations,
VALUATION:
Taking all the foregoing factors into consideration, it is our opinion the
proparty has an estimatad market value as of the date of inapection, Juna 16,
1995 of:
TWENTY THOUSAND (520,000) DOLLARS
Employment in and companaation for making this appraisal are in no manner
contingent upon the valua reported, and I certify that I have no finanoial
interest in the property appraised, present or contemplated, and that the
appraisal aasignment waa not based on a requested minimum valuation, a specific
valuation, or the approval of a loan, The appraiser personally inspected the
property.
Marketina Time Estimate:
The reasonablo marketing time ia an estimate of the amount of time it might
take to sell a property interast in real estate at the estimated market velue
level during the period immediately after the effeotive date of an appraiaal,
Marketing time differs from exposure time, which is always presumed to preoede
the effective date of an appraiBal,
The estimata of marketing time considered information garnered including
market oonditions that may affect marketing time, such es the identification of
typical buyers and sellers for the type of real estate involved and typical
equity investment levelB and/or financing terms, The reasonable marketing time
1a a function of prioe, time, uae and anticipated market conditiona such as
ohanges in the oost and availability of funds; not an isolated estimate of time
alone.
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Market Analvsis and Special Considerat10ns:
In tha valuation process, market factors which relate directly to the
marketability of the subject property were considered & included the following:
1, The current supply of new and used space of equal or
superior quality which 1S currently available in the Greater
Harrisburg area.
2. Rent concessions Wh1Ch are currently available in competing
space prasently for lease.
3, The availability of vacant sites which would permit construction
of new facilities.
COST APPROACH:
ApprOACh through Which an appraiser derives a value indication of the fee
simple interest in a property by estimating the current cost to construct a
reproduction of or replacement for the existing structure, deducting for all
evidence of accrued depreciation from the cost new of the reproduction or
replacement structure, and adding the estimate land value plus an entrepreneurial
profit, Adjustments amy be made to the indicated fee simple value of the subject
property to reflect the value indication of the property interest being
appraised, (Dictionarv of Real Estate Appraisal, Second Edition, Page 72).
The Cost Approach will not be used, The Cost Approach will have limited
reliability due to the large amount of functional obsolescence and physical
deterioration attributed to the age and condition. The current improvements are
estimated to be 100+ years in age, As a buildinp ages, the depreciation
estimates required by your appraiser through the Cost Approaoh become more
speculative in nature, causing the Cost Approach to be suspect. Therefore, when
estimating the value of the subject property, your appraiser has relied solely
on the Sal~s Comparison Approach.
INCOME CAPITALIZATION APPROACH:
Approach through which an appraiser derives a value indication for inoome.
producing property by converting anticipated benefits, Le" cash flows and
reversions, into property value. This conversion can be accomplished in two
ways: One year's income expectancy or an annual average of several years' income
expectancies may be capitalized at market'derived capitalization rate or a
capitalization rate that reflects a specified income pattern, return of
investment, and change in the value of the lnvestmentj secondly, the annual cash
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INCOME CAPITALIZATION APPROACH CONT'D:
flows may be discounted for the holdlng period and the reversion at a specified
yield rate, (The Dictionarv of Real Estate Appraisal, Second Edition, Page 155),
The Income Capitalization approach will not be used, Due to the physical
deterioration and functional obsolescence the subject property is not in rentable
condi Hon. The ability of the property to continue to provide a reasonable
return and the competitive position of this investment were considered, Due to
the lack of quality and quantity of data, this approach was not utilized,
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SALES COMPARISON APPROACH/MARKET APPROACH:
The approach through WhiCh an appraiser derives a value indication
comparing the property to be appraised to similar propertiea that have been sold
recently, applying appropriate units of comparison and making adjuatmenta, abased
on the elements of comparison, to the sale price of comparable.
In applying the Sales Comparison Approach, the appraiser takes the
following steps:
1, Researches the market and selecta the sales and/or listings of
properties most comparable to the property being appraised, Generally,
the most current and similar comparable salea prove to be the best
indicators of the value of the subject.
2, Collects and verifies data on each selected property's selling and
listing prices, dates of sale, physical differences, locational
charaoteristics and any special conditions,
3, Analysis and compares esch property with the subject as to time of
sale, location, physical characteristics, conditions of sale and other
differences,
4, Adjusts the sales or listing price of each comparable for
differences between it and the subject, Adjustments are based on
market extractions and/or judgement.
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5, Reconciles the adjusted prices of the comparable properties into an
indication of value for the property being appraised,
In an effort to arrive at value indications by the Sales Comparison
Approsch, sales of reasonably similar properties in surrounding areaa were
studied,
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Numerous sales were studied, as well as, current listings and properties
under contract, Only the most comparable sales have been selected for inclusion
in this report, Verification of sales information with realtor, grantor, grantee
and/or courthouse record were conducted where possible. Special attention was
given to terms of sale and special conditions to determine that the transactions
were 'srms length,'
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Each comparable property was compared to the subject property
adjustments were made for significant differences. The adjusted price of
comparable indicated a value range for the subject which was then reconciled
a single value indication via the Sales Comparison Approach.
and
each
into
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MARKET STUDY . COMPARABLE SALES
The approach yields an indication of value by comparing recent salos of
similar properties, and making adjustments for time, location, physical and other
differences. Among the area sales reviewed were the following:
1.
GRANTOR
GRANTEE
LOCATION
TAX lOll
IMPROVEMENTS
BUILDING SIZE
LOT SIZE
ZONING
DATE SOLD
CONSIDERATION
PRICE/SO,FT,
VERIFIED:
Lesher, Alan p,
NA
1221 Trindle Road, South Middletown Township,
Carlisle, PA
21,22,119.4
One Story ranch with 4 rooms, 2 bedrooms, one bath
in fair condition; dirt basement; 1 car garage,
740 sq,ft,
12,000 sq,ft.
Commercial
June 2, 1994
$45,000 Deed: NA
$60,81
ERA Garman Realty, Vicki Pryor, Listing Agent
Comments: On the market for 3+ years; Sold with owner finanoing for
a period of 3 yeara, 8\ interest rate. No other seller concessions, Seller had
to put $5,000 of improvements into the property to prior to placing it on tho
market. Purchased for residential use,
2.
GRANTOR
GRANTEE
LOCATION
TAX lOll
IMPROVEMENTS
BUILOING SIZE
LOT SIZE
ZONING
DATE SOLO
CONSIOERATION
PAICE/SO,FT,
VERIFIED
Comments :
condition and owner is
that nothing was done
'shell. '
Virginia N. Volland
Larry E, Brenneman
3549 Green Street, Hampdon Township,
Camp Hill, PA
10.21.275.355
One story ranch home in poor condition,
768 sq,ft.
7,200 sq,ft.
Office/Appartment
February 28, 1995
$35,000
$45.57
Grantee
Purchased as an invostment property; houso in poor
currently gutting/renovating. Mr, Bronneman stated
to house for 29 years and considered the building as a
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MARKET STUDY, COMPARABLE SALES CONT'D:
3,
GRANTOR
GRANTEE
LOCATION
TAX ION
IMPROVEMENTS
BUILDING SIZE
LOT SIZE
ZONING
DATE SOLD
CONSIDERATION
PRICE/SO.FT,
VER I FICA TI ON
Eli Jr, & Karen M. Linta
John & Kare L Gorecki
2159 W, Harrisburg Pike, Middletown
36,22,23
One story commercial building on slab,
1,412sq,ft.
6,000 sq,ft.
Commercial Highway
July 29, 1991
$38,000
$26.91
Grantor, Mr, Linta
Comments: Former dress shop sold to be used for flooring
sales. BUilding in fair to poor conditionj 50% metal and 50% frame constructionj
metal roofj gas, space heater; needed to add public sewagej supplied by public
water, electric, and gas. Located in flood plane,
4, GRANTOR Frank s. Ward
GRANTEE Thomas 0, & Leola M, Gould
LOCATION 30 West Main Street, Shiremanstown
TAX ION 37,23,0555,071
IMPROVEMENTS One and a half story frame dwelling with 2 car
garage; partial basement with dirt floor,
BUILDING SIZE 960 sq,ft,
LOT SIZE 6,400 sq.ft,
DATE SOLD July 1990
CONS I DERA T I ON $44,000 Oeed 36K, Page 660
PRICE SO,FT, $36.96
VERIFICATION Grantee: Mr. Gould
Comments: Property sold in 1990 with owner financing at market
rates, Grantees obtained conventional financing and settled with the seller in
July 1993, Home built in mid-1660's, contains 9 rooms, 4 BR's, and 'one bath;
oil, hot water heat; frame construction.
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MARKET STUDY, COMPARABLE SALES CONT'D:
5,
GRANTOR
GRANTEE
LOCATION
TAX ION
IMPROVEMENTS
BUILDING SIZE
LOT SIZE
DATE SOLD
CONSIDERATION
PRICE SO.FT.
VERIFICATION
Welter, Leroy J, & Jeanne M.
104 Lewisberry Road, New Cumberland
27.000,03,0067
One story, one room brick bulldln
374 sq,ft.
10,000 sq,ft,
April 1994
$37,900
$101,33
Broker: ReMax Realty Inc., Dave Smolizor,
Listing Agent
Comments: One story, one room offico building utilized 01 a ulod car
dealer'l office; sold for same use, Lot predominately pavod,
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SALES COMPARISON APPROACH CONT'D:
Comparable Comments:
Sale HI was in fair condltion and sold for residential purposes;
Adjustments made for quality end condition. Adjustment made for larger lot size
for market indicates that a higher price is paid for smaller properties,
Location was considered inferior to the subject,
Sale H2 was the most recent sale and sold as a 'shell' in need of major
improvements. Adjustments made for its superior quality/conditionj larger lot
size; and, inferior location/visibility and zoning.
Sale H3 was adjusted for market conditions/timej larger building size and
superior conditionj smaller lot sizej and inferior location,
Sale H4 is located 1 block from the subjeotj similar in age, Adjustments
msde for quality and conditionj and market conditions/time,
Sale H5 was adjusted for quality and conditionj larger lot sizej and,
inferior location/visibility.
Sales of similar properties were limited. The market sales of improved
properties reflected values unadjusted, ranged from $37,900 to 545,000,
Substantial condition adjustments made due to limited utility, Most weight placed
on sales HI and H2 which had similar building size.
Based on the data developed and analyzed for this property I the most
logical indication of value is $20,000,
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Plt010GHAPliS OF BUILOING SALES
Sale #1
Sale #2
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PHOTOGRAPI1S OF BUILDING SALES
Sale 115
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RECONCILIATION
The indications of value as developed by the three approaches to value are
as follows:
Value indicated by the Cost Approach
Value indicated by the Income Approach
Value indicated by the Market Approach
Not Applicable
Not Applicable
$ 20,000
The cost factors used in the Cost Approach have been developed from local
contractors, Marshall Valuation Service, as well as, but not limited to our
experience as an appraiser(s) and realtor(s), which reflects the local present
cost of construction,
The Cost Approach generally will result in an excellent estimate of value
if the building is new or reasonably new, and the improvements reflect the
highest and best use of the land. However, when items of physical deterioration
and obsolescence must be estimated, an area of judgement is involved whioh is
subject to error. The Cost Approach was not utilized due to age, deferred
maintenance and the high amount of obsolescence observed.
Generally, purchasers of commercial buildings are more concerned with the
income the property will produce rather than its reproduction cost. Most
purchasers of proparties, similar to the subject, take into consideration the tax
sdvsntage accorded owner occupied properties through depreciation, as well as,
seeking a long term investment or retirement fund, An investor may also
anticipate a profit to be realized through appreciation at the conversion.
The Income Approach will generally allow a typical investor to predict his
or her profit margin in the renting or leasing of the subject property,
Unfortunately, due to the functional obsolescence, poor condition of the subject,
and lack of rental data, this approach is inappropriate because of the high
margin for judgement error, For these reasons, the Income Approach was not
utilized.
Greatest weight was given to the Market Approach which reflects the
reactions of typical of buyers and sellers in the market place j and, the
properties similar are typically purchased by an owner occupant, Sales of 5
properties were documented and analyzed. This approach indicates a value of
$20,000.
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UNAPPARENT CONDITIONS
It iB assumed there are no hidden or unapparent conditions of the property,
subsoil or structures including, possible existence of dry rot, fungus, termites
or other vermin which might render it more or less valuable thsn an otherwise
compsrable property. No responsibility is assumed for such conditions nor for
any engineering required to discover such things.
A structural pest control report has not been obtained for this valuation,
If such report would uncover necessary corrective work, which is normally
performed at the expense of the current owner, this cost would be deducted from
the estimated value.
Subsurface rights such as minerals, oil and gas deposits were not
considered in this report.
The Appraisers have not been prOVided with a soil analysis offering
evidence of the structural ability of the subsurface for support of improvements,
Upon physical inspection, the Appraisers did not notice physical indications that
aupporting strata would be unsuitable for improvements,
While the land surface has been inspected, as far as possible, by
observation, it was not possible to personally observe conditions beneath the
soil. Therefore, no representatives are made as to these matters, The value
estimate is subject to any soil conditions that would cause a loss in value,
In this appraisal sssignment, the existence of potential hazsrdous material
used in construction or the maintaining of the building or the gases found in the
environment (such as the presence of urea formaldehyde insulation, toxic waste,
and/or radon gas) which mayor may not be present in the property, has not been
considered, The Appraisers are not qualified to detect such substances. We urge
the client to retain an expert regarding these matters,
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~PPRAISER'S CERTIFICATION
I have researched the subject market area and have selected a minimum of
three recent sales of properties mos t similar and proxima te to the subj ect
property for consideration in the sales comparison analyslS and have made
adj ustments when appropriate to reflect the market reaction to those items of
significant variation, If a slgn1f1cant item 1n a comparable property is
superior to, or more favorable than, the subject property, I have made a negative
adj ustment to reduce the adj usted sales price of the comparable and, H a
significant item in a comparable property 1S inferior to, or less favorable than
the subject property, I have made a positive adjustment to increase the adjusted
sales price of the comparable.
I have taken into consideration the factors that have an impact on value
in my development of the estimate of market value in the appraisal report. I
hsve not knowingly withheld any significant information from the appraisal report
and I believe, to the best of my knowledge, that all statements snd information
in the appraisal report are true and correct.
I stated in the appraisal report only my own personal, unbiased and
professional analysis, opinions and conclusions, which are subject only to the
contingent and limiting conditions specified in this form.
I have no present or prospective interest in the property that is the
subject of this report, and I have no present or prospective personal interest
or bias with respect to the participants in the transaction. I did not base,
either partially or completely, my analysis and/or the estimate of market value
in the appraisal report on the race, color, religion, sex, handicap, familial
status, or national origin of either the prospective owners or oocupants of the
subj ect property or the present owners or occupants of the properties in the
vicinity of the subject property,
I have no present or contemplated future interest in the subject property,
and neither my current or future employment nor my compensation for performing
this appraisal is contingent on the appraised value of the property.
I was not required to report a predetermined value or direction in value
that favors the cause of the client or any related party, the amount of the valua
estimate, the attainment of a stipulated result, or the occurrence of a
subsequent event in order to receive my oompensation and/or employment for
performing the appraisal. I did not base the appreisal report on a requested
minimum valuation, a specH ic valuation, or the need to approve a specific
mortgage loan,
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APPRAISERS' CERTIFICATION
(CONT'O)
I performed this appraisal in conformity with the Uniform Standards of
Professional Appraisal Practice that were adopted and promulgated by the
Appraisal Standards Board of The Appraisal Foundation and that were in place as
of the effective date of this appraisal, with the exception of the departure
provision of those Standards, which does not apply, I acknowledge that an
estimate of a reasonable time for exposure in the open market is a condition in
the definition of market value and the estimate I developed is conaistent with
the marketing time noted in the neighborhood section of this report, unless I
have otherwise stated in the reconciliation section,
I have personally inspected the site and proposed construction plans of the
subject property and the exterior of all properties listed as comparables in the
appraisal report. I further certify that if I have noted any apparent or known
adverse conditions in the proposed subject improvements, on the subject site, or
on any site within the immediate vicinity of the subject property of which I am
aware and have made adjustments for these adverse conditions in my analysis of
the property value to the extent that I had market evidence to support them, I
have also commented about the effect of the adverse conditions, if any, on the
marketability of the subject property,
,
I personally prepared all conclusions and opinions about the real estate
that were set forth in the appraisal report. If I relied on significant pro'
fessional assistance from any individual or individuals in the performance of the
appraisal or the preparation of the appraisal report, I have named such
individual(s) and disclosed the specific tasks performed by them in the recon'
ciliation section of this appraisal report, I certify that any individual so
named is qualified to perform the tasks, I have not authorized anyone to make
a chenge to any item in the reportj therefore, if an unauthorized change is made
to the appraisal report, I will take no responsibility for it,
The use of this report is subj ect to the requirements of the Appraisal
Institute ~elative to review by its duly authorized representatives,
I certify that Karen Oarney personally inspected the property,
/-t?I:.1 ~'
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REAL EBTATE APPRAIBERB
2159 Marltel Slreel
Camp Hili, n. 1701/04707
717737,05701 ' FAX 737.3906
aUALI F I CA TI ONS
KAREN OARNEY
pnOf1~~lO~AL-l]fkrIENCE:
August, 1994 to Present: L.G, Connor Real Estate Appraisers. Broker/Ownor and
fee apprnJsar of large and small commerCIal and industrial properties, farms,
cnndemnaUons, tax app&als. vacant IlrClund and one to four units and ungle family
InclUdIng new constructIon, condomInIums and employer relocatIon,
AprIl, 19114 tn Augllst, 1994: Lester G. Connor, MAl. Fee appraiser, large and
snaJ I comml!l'clal and Industr al propertieS, farms, condemnations, tax app~alt,
and slngle famIly reSIdentIal propertIes including new construction, condominiums
and cmploy&r relocatIon.
Fel,,'uary, 1992 to April, 1994: K, Jesse Reitenbach Associates, LTO, He
appral~er ' commercial and slngl~ famIly residential properties including new
con~trUGtlnn, condomIniums and employer relocation.
OctOber, 1990, to January, 1992: Associate Broker doing residential sales for
Jack Gaughen Realtor and Coldwell Banker MGM Realty, Ino.. Managed and sold new
constructlon In nIne developmentsj and, sold resale properties,
Sept~mber, 1985 to Se~tember, 1990: Associate Broker with Coldwell Banker MUM
ReRlty, Inc" Ofhce mRnager for ofhces located In Hershey and l.Ilddletown, PA,
Deuemll&r, 1979 to August, 1985: Sales Associate for Owen,G,'oss, Inc" Partners,
RQ~l F.etate Instructor for the Institute of Real Estate Studiea tenching In
Hnrrl3burg and York.
EDUCATION:
1969 West Virginia University
Morgantown, West VirgInia
Bachelor of SCIence in Nursing
Post Uraduate Academic EducatIon:
1974 University of North CarolIna
Chapel Hill, North Carolina
1912,73 Temple UniverSIty
HarrISburg, PennsylvanIa
f'mn'Y/I'anla Slate Cerllj(cd General Appraisers
.
. '
".
EDUCATION CONTINUED:
APPRAISAL COURSES:
Real Estate Analysis, RA2
Appralsal Standards and EthlCS, RAS
Acceptable Resldentlal and Commercial Appraisals
Coat and Income Approaches, RA4
Appraisal Principals, lItO
Appraisal Procedures, 1120
NarratlvP. Arprnlsal Report
ResHl1/otlal Gar,.. StllclV, 1210
Appralsal Reportlng of Complex Residential Properties
Income Approach to Appralsal
Basic Income Capitalization, 1310
Advanced Income Capitalization, 11510
Apprals1ng for FHA Insured Loans
Standards of ProfeSSIonal Practlce, Part A ' 1410
Standards of PrOfeSG10nal Practice, Part B . 1420
Report Writing and Valuation Analysis, 11540
REAL ESTATE COURSES:
Real Es tate Law
Investment
Fundamentals and Practlce
Fair Housing & Law
PROn~SIONAL OES1.Q!:itlJ.lONS f!,~ENS~t
1994 Pennsylvanla Broker Llcense NRB.044264,L
1994 Appraisal Instltute Affiliete, Csndidate for MAl, NM940777
t994 Pennsylvania Stete Certified Oeneral Appreiser, OA.001260,L
1992 Certified Commercls1 Real Estate Appraiser (CCRA), National Association
of Real Estate Appralsers, N46120
1992 Certlfied DIspute Settler ln Dlspute Resolution System Mediation,
National Academy of Conciliators,
1988 Certified Residential Speclalist (CRS), Residential Sales Counoil of the
Realtors National Merketing Institute, N7636
1988 Certified Code of Ethios Instructor, Pennsylvania Assooiation of Realtors,
1985 Pennsylvanla Real Estate Instruotor, License HRI,00648.A
1984 Pennsylvanla Real Estate Asnoclate Broker HAB,044264.A
1982 Oraduate Pannsylvanla Realtors Instltute (ORI), a National Association of
Realtors Daslgnatlon.
1979 Pennsylvania Salesperson License HRS.122124-A
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BIlI.au lIf Prolc,,,ol'" alld O"upallol\lll Aff~llS
p,O BOX ~649, H^tn,I1JI~, PA 17105,2649
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GE~ERAL APPRAISER
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JUN 30 1997
CerUllca1e Number
JUt. OS 1994
GA_001260-t.
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Inuc4 To:
;.fftrfJ )~).,7Y1~,{ y,/
KAREN S OARNEY
539 COOl.IOGE STREET
SEW CliMBERI.ANO PA 17070
ct:HTlYIC^H. ~\"\II1:11
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SHOWN
ISSU~1l TO
"AREN S OARHE't
L G C ONtlOR REH
ESTATE lPPRA1SERS
2159 PlAR...ET sTREET
CAPlP H1LL PA 17011
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IN RE: ESTATE OF HENRY M, RUPP
LATE OF SHIREMANSTOWN,
PENNSYLVANIA, DECEASED
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
...?/.3 ~' /9'i:J.
ORDER OF COURT
AND NOW, this.30 day of '-ma.~
, 1982, at
o'clock .M.,
upon consideration of the within petition of Jack Shader, President,
Trustees of St, John's Lutheran Church, Shiremanstown, Pennsylvania,
and upon motion of Jerry R. DUffie, Esquire, attorney for Petitioner,
the Trustees of St, John's Lutheran Church, and their successors
ijelected pursuant to the Constitution of St. John's Lutheran Church,
ilare hereby appointed Trustees to carry out the terms and conditions
of the Trust created in and by Item 3 of the Last Will and Testament
of Henry M, Rucc, Deceased, in place of D, Stoner Dietz. The successor
Trustee herein appointed shall serve without surety.
BY THE COURT,
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"I give and devise to my beloved wife, Kate RUPP,
and such successors as may, from time to time, be appointed
by the orphans' Court of cu~berland County, a certain
lot of ground situated in the Borough of Shiremanstown,
County and State aforesaid, bounded on the north by
an ~lley, on the east by (formerly) Jeremiah Wise,
on the south by Main Street and on the west by (formerly)
William Balsley, containing a frontage on Main Street
of Thirty-four (34) Feet, and a depth of TWO Hundred
and Thirteen (213) Feet. There being erected thereon
a well of water and pump, in Trust, that my said Trustee
and her successors, Keep the said lot, fences thereon,
and pump, in good repair, and that they collect, and
use the annual income therefrom, after first deducting
a reasonable compensation for services, and the aforesaid
repairs, for and towards keeping my burial lot in proper
condition and repairs; and if there is any of said
income remaining after complying with the aforesaid
direction, then to use such balance towards Keeping
in proper repair the burial lot of my father, Henry
RUPP'"
5. That the said Henry M. RUPP died and his Last Will and Testament
was duly proved and recorded in the Office of the Register of Wills
II of Cumberland county in Will Book "U", Page 28. J>. copy of said Will
\ is attached hereto, marked Exhibit ,,~" and incorporated herein.
6. That Testator's wife, Kate RUPP, who was the testamentary
Trustee for said lot of ground situate in the Borough of Shiremanstown
I and man<ionad in nam J of "id will, "ad on 0' abou' Oacamb"' 19,
~ "25, and by o,da' of 'ha o,ph.n" cou" of cumba,'and coun'Y' da,ad
I Fab,ua'Y S, ,,'4, Jacob 5. RUPP waa appoln,ad T,u,'aa ln ha' place.
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7. That Jacob S. RUPP died on May 13, 1946.
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"1 U. OP HE"" ", Im'PP
Oil tT IlI!NE.BS~IUl, ~hl~ I, H.al"1 II, INpp, at Sbl.....adoWD,
cu.b.~llod Coua~T, '.nnl,.l.aata, .Irahaa'. b.lD& at .ound ADd dll-
pOlloa .Ind, ......,f'7 aO<l und.rotaadtnc, aDd ooadd.rioll U.. Wlol,,\llo',.
at Ilta, do ~h.rata.. ..k., publllb ADd dIal... th!1 '0 be W1 1...
"111 IDd Te.t.amlnt, 1n m4nnl,. lad to,.. tollow1.na. Uat 1. to ..7'
nl., I dl...t that ~ bod,. b. dlo.aU,. 10to~~.d la .
Ch~I.tlao-ltk. moan.r, 10 tho Old rlaa. C...t.f'7. appo.lt. 8h1roa&D.-
town. In Rlmpl.a Townohlp, Cumberland CouotT, rlno.,.l.lnla, ODd tbat
-r gra.. b. .ut~lb17 mArV.d with a '0aumlot ~o b. alllat.d b,. -r
Iloautor nl\l'...ln ntj:nec.\, at I eel\ n"t. to exo..d the .~ or ($600.00)
Dollar., ond t"ot 011 ..,. 'u.ot d.bt. .0<1 tw>aral ozp.nall bl tl...~ pald
out or., ,~tat.. II loon II cOD"lnllntl,. oaa be done artal" ., d..o.....
Itl.' 1 Rl.. .Dd blqu.atb to W7 b.la,"d witl. ~I" ftUpP.
.11 .,. pI ...onal pl'Opl~~", laaludlog t'\lro1tura. book., plct"..... .....,..
pro&1I.0,", not.., bon.cSl, book aOooUDt., aDd nat.....r b,lol1l1 In ID7
01.. to .,. p....oo.l ..tatl, to be baDd.d 0.11' to bal', b,. aT &&Iautor
b.r,ln na..d, II loon ,rter .7 d.o.... .. aln b. oo~1.t'Dt17 witb .
prop. I' lo~~l....a~ at .11 -r d.bt., a04 to ba.. LCd to hold Lbl ....
to bar and to hiI' bllM IDl.! ...1SDa toa.....r.
It.., I Bl.. .ad d..l.. to .,. bela..d wit., IA'" ~p, aDd
.uah .UCC.I,orl I. lIA,., tro. tl.. to tl.., be appoLD'04 b,. 'bo Orpbano'
Court at Cumblrl.nd COUDt7, a o.rtaln la' at llPOun4 .1'aAtI4 In tno
Boroush at ~blro.onltoon, Count,. .ad St.'" Itoro.ald, boundld oa tbl
nortb b,. aD Hlo,., aD tho .oot b,. (fo,,"l'l,.) J.I'ML1U1 111.., 00 'bl
.outh b,. lIaln Strl.t and 00 tb. ...t b,. (foralrl,.) 111110. 8&1.11,..
oODtllDlng a trontaS. on 11.10 ~tro.t at rbtrt,.-tOUl' (54) '.It, aDd.
dlptb at ,.. RUDd~.d .Dd Thl~..n (215) ,..,. !b.rl bllna Il'Io'ad
th.r.on . 0011 at ..t.r aDd pump, 10 Truat, tha~ 111 .Ild '~'"" 004
b.r .uco...o~ kelp the .ald lot, rlnOI. tbereoD. &ad pu.p, LQ 1004
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rep.lr, Ind thlt tho:r call oat , IDd u.. tho oru,ual Inooa. th...rr...
ottor rtrlt d.dutttns I reooanabl. aoapoDootloD tor .orolo.., 'Dd tb.
otarooold rep'lro, ror and toward. kooptDS ~ burial lot ID prop.r
aa~dltloD aDd repotr., and It th.ro 10 OD7 or ootd IDcoao roaalD1D1
.ttor aocpl;rins .Ith tho otor.oold dlreotloD, thon to u.. .uoh
baloDa. ton rd. ..oplDl lJl prop.r ropalr tb. burld lo~ ot ..,. t..a.r,
Honr)' Rupp.
Ito., All tho ro.ldu. ADd r.aalD4.r ot a:r ro.l ..t.t.,
whore..r oltuat.d, I Sl.. .nd d..l.. to a:r bolo..d wit., E.t. ftUpp,
to h.y. .nd to hold tho .... tor .nd durlna b.r DAtural lit., or ..
Ions .. oh. remalo. . oldoo, But ID tho ...nt that .h. .hall ro"rr:r,
thOD I dtroot th.t .11 ~ ..al ..tato, (oxa.ptIDs tho lot b.rolnbotoro
dovl.od) oball bo oold, ~d tbe proo..d. dl.ld.d a. tollowa, ODO-~hlrd
tboroot to b. pold to a:r wit., E.t. Rupp, ab.olut.l:r, and tho rwaalD-
1"1 too-third. to b. .qu.ll:r dt.ld.d aao06.t a:r broth.r. aDd .I.t.ra
and tb. children or d.o....d broth.r. and .1.t.rll tb. ..Id ohlldroD
to b. .ntltl.d to .uoh .haro or .haro. a. tb.lr paront. oould ba..
bo.D .ntltl.d to reo.I.., It tb.D 11.loa.
And Illt17, I do mako, oon.tltuto .nd .ppoLDt Cbrl.tlaD DI.t.,
ot Jochlntcobur8' CumborlaDd Count:r, roano:rl.Lala, to bo tb. ax.outor
ot tbll D1 LRlt '111 and 'oltamoDt, borob:r ro.oklDI all tora.r 1111.
'Dd 'o.ta.oDto b1 .0 ot &n1 tla. borototor. ..do, ADd doclar1as tb1.
to bo a1 Lt.t 1111 and T.ltO..Dt.
II lI'ITlrE!lS t.llER&Or, I ho.. horollDto .ubnrlb.d rq _. Lad
.ttlxod a1 00.1, tho 'ourto'Dtb 4o:r ot .orab In tb. :r-ar ot our Lord
000 Tbouoond Eight Hundred and Ilnot:r.
Slgnod, o.ol.d, publlobod and
doolarod b1 tb. t..tator abo.. ~d, ..
and ror hll 10lt ~ll Ind T.oto..nt, In
the P......DO. or U', who hAl" h....uato,
at h1. r.que.t, .u~ecrlb.d our na".,la
ht. pr...ncI, and 10 the prO.IDOI or ..6b
other, a. ri~ne'.I' h....to.
IIl!JIl1' I. flOPP (SLU.)
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ARTICLE VI
CO~\MERCIAL DISTRICTS
SECTION 6,00 - C-N NEIGHBORHOOD COMMERCIAL
6, OJ. - Purpose
Neighborhood Commercial Distrlcts are established at the center of
residential areas to prcvide locations for retail sales, personal
services and offices, It shall be the purpose of these districts
to provide for the routine shopping needs of the surrounding resi-
dential area.
6.02 - Use Reaulations
A structure may be erected or used and a lot may be used or occu-
pied for any of the following uses and no other. Uses designated
by the letters USE" are permitted only by special exception.
1. Principal Uses -
Residential
(1) Single family attached dwelling
(2) Multi-family dwelling (see Section 7,OJ,).
(3) Conversion apartments (see Section 7.02) (SE) .
Institutional
4) Business colleges, trade schools, music and dancing
schools and similar organizations.
(5) Churches
(6) Clubs.
(7) Cultural facilities.
(8) Day nurseries (see Section 7,06) (SE) .
(9) Police and fire stations (see Section 7.08).
*(9a) Offices for Municipal officials.
Commercial
(10) 'Business, professional, public service and financial
offices (see Section 7,09) .
(11) Business service establishments (see Section 7.10).
(12) Mortuaries (see Section 7.12).
(13) Personal service establishments (see Section 7,13).
(14) Retail stores and businesses (see Section 7.15).
(15) Sit-down restaurants and taverns (see Section 7.14).
Utilities and Transportation
(16) Bus and rail passenger terminals.
(17) Communication transmitting and receiving facilities.
(see Section 7.17).
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*As amend~cl by Ordinance .275
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(18) Community garage or pnrkinR lot (see Section 7,18).
(19) Principal supply utilities (see Section 7,19).
(20) Sewage facilities.
2. Accessory Uses -
( 1) Accessory bUildings, private garages (see Section 7.60).
( 2) Accessory sewage facilities,
( 3) Accessory supply utilities.
( 4) Ap.artment combined with a principal commercial ~v 1natitu-
tional u~r (see Section 7.20),
( 5) Home occupation (see Section 7,21).
( 6) Off-street parking (as provided in Article X),
( 7) On-lot storage (see Section e.3l).
( 8) Private swimming pool (see Section 7,22),
( 9) Rooming house (see Section 7.03),
(10) Signs (as provided in Article IX),
(11) Temporary structure and/or use (see Section 7,23),
(12) Principal uses as accessory uses or any accessory use not
listed herein (see Section 7.24) (SE).
6.03 - Dimensional Requirements
In this district, any structure hereafter erected or any lot here-
after used or occupied for any lawful purpose shall provide the
minimum and not exceed the maximum dimensions specifed below.
Should these requirements conflict with the requirements of Articl~
VII for any specified use, the requirements of Article VII shall
take precedence.
1. Lot area and Lot Width _
(1) Single family attached dwelling - two thousand (2,000) square
feet/twenty (20) feet,
(2) Multi-family dwelling - None (See also Section 7,01),
(3) Other permitted principal uses. None, unless specified in
Arti~le VII or required by the 20ning Hearing Board,
(4) Minimum lot area and minimum lot width for permitted ac-
cessory uses - None, unless specifed in Article VII or
required by the 20ning Hearing Board.
2. BUilding Setback and Yard Requirements. (see also Section 7.60).
*(1) Minimum bUilding setback line. Five (5) feet,
*(2) Minimum side yard (see Section 7.67).
*(3) Minimum rear yard - Ten (10) feet
3. BUilding Size _
(I) Maximum building area - Seventy. five percent (75' of lot
area.
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*As amended by Ordinance #275
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(2) ~taximum floor area rnt io ' One hllllclrC'r1 fl fty percent (150\)
of lot area.
'. 4, Building Height,
(1) ~laximum building hl!lllht . Thi rty- five (35) feet.
(2) Maximum height of structures not designed for human occu.
pancy is governed by Section 7,52,
6.04 - Secondary Commercial Area
1. As permitted by Section 60S of the Pennsylvania Municipalities
Planning Code the special regulations contained in paragraph 2
below apply to all prospective and propo~ed structures and uses
to be located in the entire portion of the C.N District located
east of Locust Street, The ~urpose of these regulations are to:
(1) Protect the residents of east Main Street from heavy com-
mercial intrusion,
(2) To provide a transition between the CoN commercial district
and the R.ST residential districts on East Main Street, but
(3) To provide alternative economic uses and activities for the
buildings and occupants located here.
2. Within that portion of the CoN Districts specified in paragraph
1 above, the granting of a permit for any commercial use or
uses listed in Section 6,02.1 (10) throught (15) shall he per'
mitted only by Special Exception of the Zoning lIearing Board
and subject to the following conditions:
(1) Any proposed commercial UMe shall u~e existinG principal
buildings upon a lot unless the applicant can demonstrate
to the satisfaction of the Zoning Hearing Board hoth that
the continued use of any such building is unsafe and un-
desirable and that its replacement will be an improvement
to the Borough
(2) If any new building shall be approved it shall use the
established building sethack line in the same block, or
be an extension of an existing principal building.
(3) Any ~ew, extended or altered principal building shall be
in harmony with adjacent buildings in scale, design and
materials.
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, 004Z46-DQOZ8IScl"rmb" IS, 19951JRDIDKU46~90
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AGREEMENr OF S,\LE FOR COMMERCIAl. REAL ESTATE
TillS AGREE/IlEr.T OF SALE FOR COM/IlERCIAL ImAL FSfATE ('Agreement uf Sale), made an
<::"''' , ,
enlelN Into thi~ ,{'(' day uf ..:l, :1;' I-"I'~ r. ~.,- ,1995, hy anJ amung TRUSTEES, ST. JOliN'
I
UJTlIERAN CHURCH, Borougb of Shireman Mown. Cumberlomd Counly,l'enn~yll'anla, her"lnafter ~aJled 'Trustees'
and VERNON n,l\IAGNELLI und JOYCE MAGNELI,I, hush:md and wife, of Lower Allen Tuwnshlp, Cumberland
Count)', Pennsylvania, hereinafter Indll'ldually and ~\lllecli\'CI)' ~allcd "Magnelli."
RECITAl_<i
A, Trust~es are the owners uf an Imprllved parceluf real est,lIe, containing 0.155 acres, more or les~
~lllIale io Shlremanstown BOrl1ugh, C'umherland COUnlY, Pennsylvania, municipally known and numbered as 17 Eas
M~ln Stre.Jt. Shlremanstoll'n, P~lmsyl\'anla,
B, Constructc!l upon the r..31 e'.tate is allll~e s~o;'Y frame struclure,
C, ~Ia:tnelll desires to pur';has~ said real eslalc nnr Trustees d.<lre to sell said real estate to Magnell
under and ~u~ject tu the lerms and condhlun.< h~rein~t\cr provlJed,
D, Trusl.:C! amI Mng~elll d~slre tCl c,'u:irm thetr III dem:mJlng in writing,
NOW, TIfEREFORE, the panics herel\', each Inlendinlltll b.. legall)' hound, agree as follows:
I. Recltnls, The reclwls set f.lI1h abol'e arc Incorporaled hrr..ln,
2. SnbJcll Rel!1 Estate. The real estale which Is the suhJecl of this Agreemrnt Is a 0,155 acre tract, mor
or less, hal'lng erected thereun an one ~lor)' frame structure, ~ltlJale In ShlremanslUwn Borough, Cumberland County
Pennsyll'anl~, which said real estate Is shown 00 Exhlbh 'A' being a boundary plan for St. Johns' Lutheran Church,
prepared by C,W. Junkln~ Associates, Ino" dated Seplember 30, 1992, Said rol:ll estale, together with the one star
frame structure erect...! thrreon, Is hereinafter called lhe 'Prllpmy,'
',004246-00028/Scplcmbcr IS, 19951JRD/DKL/46390
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3. Al:rl'Cl1wnt or Sale and Pllrchllse. Magnelll desires III purchase the Property from Trustees an
Trustees de.~lre to sell the Property to Magnelllllnder and suhject to the terms and conditions hereinafter provided,
4. PurchlL~e Price. The pllrdHlse price fur the Property shall he the sam of Twenty Thousan
($20,000,00) Dollars which said purcha.'e price shall be paid hy Magnellllll Trustees a., follows:
A, DOWnpll)'mellt, Magnelll shall pay to Trustees, uplln the execution of this Agreement of Sale,
the sum of Two Thousand ($2,000.00) Dollars which said sum shall he held in an Interest bearin
escrow account by Trustees' allorney with the Interest chargeable and payable to Magnelll, Verno
B, Magnelll's social security account numher Is 206-]2-1067.
B, Balance. The balance of the purchase price, Eighteen Thousand ($ 18,000,(0) Dollars, is t
be paid by Magnellllo Trustees at the time of selllement, as hereinafter described, by certified check
cashier's check or title Insurance company check.
5, Title. Trustees shall convey the Property to Magnelll pursuant to a special warranty deed conveyln
good and marketable, fee simple title free and clear of all liens and encumbrances except easements, rlghts-<lf-wayan
restrictions of record, zoning restrictions and easements and encroachments visible by Inspection. Said title shall b
insurable by a reputable title Insurance company doing business In the Commonwealth of Pennsylvania at regular rates,
Magnelll acknowledges that there is an existing encroachment for a driveway on the eastern portion of the Propert
and a portion of the foundation for a structure (now removed) In the northern portion of the Property may encroac
upon the property to the east, In addition, the Boundary Plan shows the lot extending to a point within the legal right
of-way of East t.1aln Street (S.R. 2014); accordingly, the southern portion of the Property, as shown on the Boundar
Plan, extends within the legal rlght-<lf-way of East Main Street,
6. Conditions Precedent, this Agreement of Sale is specifically condilioned upon the following:
A, Congregational Approval, The approval of the Congregation of St, John's Lutheran Church,
Trustees agree to submit the proposed Agreement of Sale to the Congregational Council of St, John'
Lutheran Church within thirty (30) days following the date of the execution and to request th
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:OO4Z46-000ZS/SCJl!cmbcr IS, 1995/IRD/DKU46J90
Congregational Council to ~ubnllt Ihe propn~ed Agreemenl nf SOlie tn the Congregation at a regular or
~peclal meeting of the Cnngregatlnn within forty,fjve (45) calendar da)'s from the date of the execution
of this Agreement of Sale, If the TruMees do nnl oblaln the approval of the Congregation by
November I, 1995 then Magnelll ~hall have the righi, al Macnelll'~ option. upon written notice to
Trustees, to terminate this Agreemenl of Sale whereupon the downpaymenl, described in Paragraph
4-A, together with the intere~t earned thereon, ~hilll be refunded to Magnelll and this Agreement of
Sale shall be null and void without further Iiabllhy by either pan)' to the other,
B, Court ApprO\'ul. The sale of the Propeny must be approved by the Orphans' Court Division,
Court of Common Plea.~ of Cumberland COUnly, Trustees agree to submll a Petition to the Orphans'
Court Division, Court of Common Plea~ of Cumberland Counly requesting that the sale be upproved
by the Court within fort)'-fi\'e (45) days from the date of this Agreement of Sale, If court approval
of the proposed sale Is not obtained by the Trustees by December IS, 1995 then, In that event,
Magnelll or Trustees shall have the right, at their opllon, upon written notice to other, to terminate this
Agreement of Sale whereupon the downpayment referred to In Paragraph 4-A, together with the
Interest earned thereon, shall be refunded, Immediately, to Magnelli and this Agreement of Sale shall
be null and void without further liability by either party to the other.
C. Exclusive Remedy/Fullure of Condition. In the event that this Agreement of Sale Is
terminated pursuant to Subparagraph A or Subparagraph B then Magnelll's right to terminale and
receive a refund of the downpayment, together with Inlere~t earned thereon, shall be Magnelll's sole
and exclusive remedy In the event of said termination.
7. Seulement. Settlement shall occur within thirty-five (35) calendar days following the date of the
approval by the Orphans' Court Division, Court of Common Pleas of Cumberland County, Trustees shall provide
written notice to Magnelll when the Court has approved the proposed sale, Subject to mutual agreement of Trustees
and Magnelll settlement may occur prior to the expiration of the thirty-five (35) days following the date of the Court
approval, Magnelll acknowledges that the final order of the Court approving the proposed sale could be appealed within
thirty (30) days from the date of said final order, In the event that Trustees or Magnelll cannot agree as \0 a time,
date and place of the settlement then settlement shall occur on the thirty-fifth (35th) calendar day following the date
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: 004Z46-0002S/S<plcmhcr 18, 19951JRDIDKU46390
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of the Order of Court approving the sale In the offices of Johnson, Duffie, Stewart & Weidner, 301 Markel Street
Lemoyne, Pennsylvania at 2:00 p.m, (prevailing time), In the evcnt that the Ihlrty,lifth (35th) day sball be a Saturday
Sunday or holiday then settlement shall occur on the next following business day at the same lime and place. Tim
shall be deemed of the essence with respect tu senlement.
8, Adjustments at Settlement, County. tuwnship and school district real estate taxes shall be adjust
as of the date of senlement based on the calendar or fiscal )'ear of the taxing authority, Municipal charges, such
sewer or refuse, if any, shall be adJusted as of the date of senlement based on the then current billing period of th
billing authority.
9. Really Transfer Taxes. Magnelll shall pay all realty transfer taxes assessed In connection with thl
conveyance,
10, Risk of Loss. Trustees assume risk of loss by fire or other casualty up to and Including the date 0
settlement, In the event that the one story frame structure Is damaged by fire or other insured casualty then, in tha
event, Magnelll shall be required to complete senlement and the Trustees agree to assign to Magnelll any and aI
insurance proceeds payable as a result of said casually. This provision sball not Impose any obligallon upon Truste
to obtain any additional Insurance with respect to the one story frame structure, If there is Insurance coverage In effec
for the one story frame structure as of the date of this Agreement of Sale then the Trustees shall maintain sal
Insurance coverage through the date of settlement,
11. "As Is" Condition, Trustees are conveying the Property, specificall)' Including the one story fram
structure, to Mallnelll In an 'as Is' condition and there are no warranties, either expressed or implied. Magnell
acknowledges that Magnelll has inspected the one story frame structure and that the structure Is In a dllapldat
condition and that the electrical, plumbing and heating systems may not be In a functional condition and that there ma
be building code violations throughout the one story frame structure.
12, Water/Sewer. The Property Is serviced by a public sanitary sewer system and water Is provided b
Pennsylvania American Water Company.
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:OO4Z_28/SCplcmhcr 19. 19951JRDIDKU46390
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13, Zoning Clu.~sinclltlon, Ba.~ed on the currenl Zoning Ordinancc of thc Borough of Shlremanstown, the
Propcrty Is localed within Ihc Commcrcial Ncighhorhood (C-N) Zoning Distrlcl.
14. Trusllocs' Dcrllull, If TruMecs arc unahlc tll delh'cr thc quality of tltlc required in accordance with
thc tcrms of this Agreement of Sale, Magnclll shall ba\'e thc option or tcrmlnatlng this Agrccment of Sale and the
downpayment referred to in Paragraph 4-A. together with thc interest carncd thereon. will immediatcly be refunded
to Magnclll wbereupon this Agrccmcnt of Sale shall bc null and void without further liahlllty by cither party to the
other or, in the allernatlve, Magnclll may procced to selllement and take such title as Trustees can convey without an
abatement or reduction in purchase price, If Trustees shall otherwise default with respect to any of the terms and
conditions of this Agreement of Sale, Magnelll shall ha\'c the right 10 terminate the Agreement of Sale and the
downpayment referred to In Paragraph 4-A, together with the Interest earned thereon, shall be refunded to Magnelll
and this Agreement of Sale sball be null and void without further liability by elthcr party to the other; or, In the
alternative, Magnelll may pursue any other rlghl or remedy available allaw or equity.
15, Magnelll's Deraull. If Magnelll shall fall to perform any of the terms and conditions of this
Agreement of Sale, then Trustees shall have the right to relaln the downpaymcnt as dcscribed in Paragrapb 4-A,
together with the interest earned thereon, as liquidated damages to compensate Trustees, In part, for the removal of
Property from the market, legal, accounting and other expenscs incurred In connection with this transaction whereupon
this Agreement of Sale shall be null and void wltbout further liability by elthcr party 10 the other; or, In the alternative,
Trustees may pursue any other right or remedy available at law or equity.
16, Real Estale Commissions, Trustces and Magneili repreSenllO the other that there are no other real
estate commlsslol)S, finder's fees or other sums duc and payable In connection with this transaction and Trustees and
Magnelll agree to Indemnify and save harmless the other on the account of any demand, aCllon or cause of action
arising out of or relating to any demand submllted by any party on accounl of any such real estate commission or
finder's fee or otherwise.
17, Governing Law, this Agreement of Sale sball be governed by and construed In accordance with the
laws of the Commonwealth of Pennsylvania,
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:OO4Z46-000~8/Scptcmbcr 18, 19951JRD/DKU46l90
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18. Entire Allr~ment, this Agreementllf Sale represents the entire agreement by and among the parties
hereto, and this Agrcemenlllf Sale shall not be amended or altered, except In \\Tillng, signed by Trustees and Magnelll,
19. Blndinll Errloct. This Agreement of Sale shall he binding upon and shall inure to the benefit of
Magnelll, their heirs, personal represenlatlves and pcrmllted a.~slgnees, TIlls Agreement of Sale shall be binding upon
and shall inure to the benefit of Trustees, St. John's Lutheran Church, Its successors and assigns,
20, Assignment, Magnelll shall not have the right to a.~sign this Agreemenl of Sale, or any part thereof,
or any Interest In the Property without the prior written consent of Trustees, which said consent may be withheld.
21. Aulhorl7.l1llon. Trustees, by the execution of this Agreement of Sale, represent to Magnelll that the
Trustees have the authority to enter Into this Agreement of Sale. Magnelll acknowledges that the Trustees do not have
the authorlly, without the approval of the Congregation of St, John's Lutheran Church, to sell the Property. In
addition, as set forth in Paragraph 6.8 the sale of the Property Is subject to the approval of the Orphans' Court
Division, Court of Common Pleas of Cumberland COUnly.
IN WITNESS WHEREOF, the parties herelo, each Intending to be legally bound. have caused this Agreement
of Sale to be signed and delivered In duplicate the day and year first above wrlllen.
WITNESS:
Magnelll :
"
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IJ L/lA.-.-t.......-L'f' ~~1.At...",..-......,~.
Vernon 8, M:lgnelll '7
,~)/t..l,~" '7//(~1N,-t:.([. (SEAL)
Joyee Magnelll 'J
:.., j/ '"'
Trustees:
TRUSTEES OF ST. JOHNS' LUTHERAN CHURCH
By: (U{....J p.k/-4_~ ,~SEAL)
Albert Stall knecht, Chairman
(SEAL)
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004:46-lll103t/Scplcmbcr Z6, 1995/JRDIDKU46969
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RESOLUTIONS OF TIlE CONGREGATIONAL COUNCIL
ST, JOliN'S LUTHERAN CIIURCII
The following Resolu!lons were duly adopted by the Congregational Council, St, John's Lutheran Churcb, at
a regular meeting held on 0, : , ' r- ... ..:J , 1995,
BACKGROUND
,1st;
A. Trustees of St, John's Lutheran Church are currently the owner of a r.55 acre tract, more or less.
slruate in the Borough of Sblremanstown, Cumberland County, Pennsylvania, municipally known and numbered as 17
East Main Street, Shlremanstown, Pennsylvania,
B. Constructed upon the real estate Is a one story frame structure which Is In a dilapidated condition,
C. The Trustees have obtained a real estate appraisal from a qualified real estate appraiser with respect
to the real estate Indicating that the fair market value of the real estate is Twenty Thousand ($20,000.00) Dollars,
D. Vernon B. Magnelll and Joyce Magnelll, husband and wife, of Lower Allen Township, Cumberland
County, Pennsylvania, submitted a proposal to the Trustees to purchase the real estate, to Include the one story
strucrure, for a purcbase price ofTwenty Thousand ($20,000,00) Dollars,
E. Trustees have entered Into an Agreement of Sale for Commercial Real Estate, dated September 20,
1995, pertaining ,to the sale of that real estate for a purchase price of Twenty Thousand ($20,000,00) Dollars under
and subject to the terms and conditions set forth in the Agreement of Sale for Commercial Real Estate,
F, The Agreement of Sale for Commercial Real Estate is specifically conditioned upon the approval 0
the Congregation of St, John's Lu!heran Church and the approval of the Orphans' Coun Division, Court of Common
Pleas of Cumberland County.
G. The Trustees now request that the Congregational Council confirm and ratify the Agreement of Sale
for Commercial Real Estate, recommend approval of the Agreemenl of Sale for Commercial Real Estate to the
I
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, 004Z46-0003 lIScp<cmbcr 26, 199511 RDIDKU46969
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Congregation and schedule a special Congregational meellng so thai th~ proposed Agreement of Sale for Commercial
Real Estate can either be approved or disapproved by the Congregation,
NOW, THEREFORE, the Congregational Council, based on the foregoing Background, adopts the following
Resolutions:
RESOLVED, that the Agreement of Sale for Commercial Real Estate, daled September 20, 1995, by illd
among Trustees, St. John's ).utheran Church, and Vernon B, Magnelll and Joyce Magnelll, husband and wifr..
,1$::'
penalnlng to the sale of a~cre tract, more or less, situate In the Borough of Shlremanstown, Cumberland County.
Pennsylvania, municipally known and numbered as 17 East Main Slreet, Shlremanstown, Pennsylvania for a purchase
price of Twenty Thousand ($20,000,00) Dollars Is hereby ratified and confirmed,
FURTHER RESOLVED, that the Congregational Council recommend to the Congregation that the
Congregation approve the proposed Agreement of Sale,
FURTHER RESOLVED, thataspeclal meeting of the Congregation be held on OC/q/;e.- f ,1995
is hereby authorized and the requisite notices and announcements with respect to the special meeting shall be made in
accordance with the constitution,
FURTHER RESOLVED, that If the Agreement of Sale Is approved by the Congregation that the Trustees are
authorized and directed to seek the approval of the Orphans' Court Division, Court of Common Pleas of Cumberland
County, of the Agreement of Sale and the propused sal~,
FURTHER RESOLVED, that if the Orpbans' Court Division, Court of Common Pleas of Cumberland
County, approves the sale of the Property pursuant to the Agreement of Sale that the President of the Congregational
Council and Chairman of the Trustees, together with the Secretary of the Congregational Council, are authorized to
execute and deliver a special warranty deed conveying the Property to Vernon B. Magnelll and Joyce Magnelll,
busband and wife, upon payment, In full, of the purchase price,
FURTHER RESOLVED, that the Chairman of th~ Trustees Is authorized to execute and deliver any other
documents reasonably required In order to complete the transaction,
'Q04246-00031/Scplm>bcr 26, 19951IRDIDKU46969
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RESOLUTIONS OF TIlE CONGREGATION
ST, JOHN'S LUTHERAN CHURCH
The following Resolutions were duly adopted by the Congregation of St. John's Lutheran Church at a special
Congregational meeting held on t!Yr-.L;.-(L{!'A../..p . 1995.
BACKGROUND
,Ij"f
A. Trustees of St. John's Lutheran Church are currently the owner of a ~ acre tract, more or less,
situate In the Borough of Shlremanstown, Cumberland County, Pennsylvania, municipally known and numbered as 17
East Main Street, Shlremanstown, Pennsylvania.
B. Constructed upon the real estate is a one story frame structure which is in a dilapidated condition.
C, The Trustees have obtained a real estate appraisal from a qualified real estate appraiser with respect
\0 the real estate Indicating that the fair market value of the real estate Is Twenty Thousand ($20,000.00) Dollars.
D. Vernon B. Magnelll and Joyce Magnelll, husband and wife, of Lower Allen Township, Cumberland
County, Pennsylvania, have submitted a proposal to the Trustees to purchase the real estate, to include the one story
structure, for a purchase price of Twenty Thousand ($20,000,00) Dollars,
E. Trustees have entered Into an Agreement of Sale for Commercial Real Estate, dated September 20,
1995, pertaining {o the sale of that real estate for a purchase price of Twenty Thousand ($20,000,00) Dollars unde
and subject to the tenns and conditions set forth In the Agreement of Sale for Commercial Real Estate,
F. The Agreement of Sale for Commercial Real Estate Is specifically conditioned upon the approval 0
the Congregation of St. John's Lutheran Church and the approval of the proposed sale by the Trustees to Mr. and Mrs.
Magnelll by the Orphans' Court Division, Court of Common Pleas of Cumberland County,
G. The Congregational Council, by Resolution, dated ((JcU~ ,? ,1995, ratified an
confirmed the Agreement of Sale for Commercial Real Estate.
W4246-0003 tlScpl=ba 26, 199511 RDIDKU46969
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H. The Congregational Council, pursuant to Resolution, dated {G( (j-f..(' v.3 J 1<; ~1995, recommends
to the Congregation that the Congregation approve the Agreement of Sale for Commercial Real Estate,
NOW, THEREFORE, the following Resolutions are hereby adopted by the Congregation of St. John's
Lutheran Church:
RESOLVED, that the Agreement of Sale for Commercial Real Estate, dated September 20, 1995, by f.rod
among Trustees, St. John's Lutheran Church, and Vernon B, Magnelli and Joyce Magnelll, husband and wiCr.,
,I~:S
pertaining to the sale of a ~ acre tract, more or less, situate In the Borough of Sbiremanstown, Cumberland County,
Pennsylvania, municipally known and numbered as 17 East Main Street, Shiremansto.....n, Pennsylvania having erected
thereon a dilapidated one story structure, for a purchase price of Twenty Thousand (520,000,00) Dollars Is hereby
approved.
FURTHER RESOLVED, that the Trustees are hereby authorized and directed to submit the appropriate
petition to the Orphans' Court Division, Court of Common Pleas of Cumberland County for approval of the proposed
sale of said real estate by the Trustees to Vernon B, Magnelli and Joyce Magnelll for the purchase price and under th
terms and conditions set forth In the Agreement of Sale for Commercial Real Estate.
..................................................................................................
CERTIFICATION
The undersigned, Secretary, Congregational Council, hereby certities that the foregoing Resolutions were dul
adopted by the Congregation of SI. John's Lutheran Church at a special meeting held 0
iJC'tiJ.l'-4 , 8' ,1995.
Date: tf)~~ ~ /99~-
ST. JOlJtPS LUTHERAN CHURCH
By:~a--r". &'f?d"'--
Secretary, Congregational Council
(CORPORATE SEAL)
;
CERTIFIED COPY:' , ..
JOHNSON, DUFFIB, STBW AR.TS WBIDNBR
, . ,._-_.,a:'~__~,~_:~~I~kNBY~ ^T:~^W- - ,
,. ,UlMOYN., PENNSYLVANIA
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. A"D"HlY PO"
NoV Da~
-",.<..,.,,,,."--";"-~...
ST. JOHN'S l.UTHERAN CHURCH,
CUMBERl.AND COUNTY,
PENNSYLVANIA
COURT OF COMMON PLEAS OF CUMBERl.AND
COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
N00- Jf.. 191'5
ACKNOWLEDGMENT OF SERVICE
The under~lgned, Janice L, Anderson, Chief Deputy Attorney General, designee of the Attorney General of
the Commonwealth of Pennsylvanhl 111 accept notice pursuant to Rule 5.5, Supreme Court Orphans' Court Rules,
hereby acknowledges receipt of nmlce to the Attorney General pursuant to Rule 5,5, Pennsylvania Supreme Orphans'
0'1\00-
Court Rule on November ~. 1995.
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