HomeMy WebLinkAbout96-00657
!)ETIT!ON Hm !)!mnATE und GHANT OF LETTEltS
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aflor o'~~nlinn "I' Iho II ill ol'l'orod I'm p",halo; W'l' 1I"'lho I'klil11 01' a killing and W'l' nel'~r adjudicated
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OATH OF PEHSONAL UEPHESENTATIVE
CO:\I!\IO:'<iWEALTII OF l'EI'I:'<iSYL\' AI'IIA ! ''';
COl:'<in' OF ___C,UMBf:U.l'lt!D J <;.
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nUl' ,tIld ~,'nl'~l 10 Ihl..' hl'''' of lhl' klH1\\ Icd~c ami hdid of p~tilioncrt\} and that a~ personal rcprescn-
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No. 21-96-657
Estate of
Mar.qar.et Hhlne
. Deceased
DECHEE OF PHOBATE AND GHANT OF LETTEHS
AND NOW August 2 3 19_~,. in ~onsideration or lhe petilion on
tho reve"o side horoof. s:Ui,faolory proof having hoen presonled hdore mo.
IT IS DECREED 111111 tho inslrumolll(s) datod Der.embe r. ~ 1994
described Iherein be ad1l1i1lod to prolllllo and mod "f rocord as Ihe last will of
Marqar.et Rhlne a/k/a ~ar.qar.et M.Rhine
and Lelters Testamentar.v
arc hereby gral1lod to stasia Rh lne
c. va, )u>
Register 01 Wills
FEES
JCP
S 25.00
S 1. OD-
S
S-5....01L.
TOTAL _ S 33.00
,.. ..A.ugust. ,23 ,199,6...,.....,
,~IlIlRESS
Probate. Letle". Etc, .....,...
Short Certificilles( 1) , , . . , . . . . .
Ronunciation .""""......,
"TTORNEY (Sup. 0. 1.1>. Nil.,
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COMMONWEALTH or PENNSYLVANIA. Df.PAftTMlHT OF H!ALTH . VITAL RECORDS
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21-69-657
Form R2J5
LAST WILL AND TESTAMENT
BEITKNOWN,lhatl, MtriDM,C' !2J-/Je-
St-t:t P f ~k)cS'B u g.( -,- . County of Co IYl f? t::7U...A--,J p
in the State of vi. AJ being of snund mind. do makc and dcclnrc !his to
be my Last Will an Tcstament expressly revnking all my prior Wills and Codicils at any time made.
of
J. PERSONAL REPRESENTATIVE:
Jappoint S"TPrS I R I< t+ lt0e of CuM~E1eLA-t.,) 1)
~",.>,- '1' . as Personal Representative of this my Last Will aBTestament and p]'de if !his Personal
R.'l!~s,en!ativc is unable or unwilling 10 servc then I appoint OU/tL\) H-- IN ~of
~ KL I,..) Calu oJ, 'T . as allemate Personal Represe a ve, My PCrsonal presentalivc shall
be authorized to carry out all provisions of this Will and pay my just debts. obligalions and funeral expenses. I
further provide my Personal Representativc shall not be required to post surety bond in this or any olher jurisdiction.
and direct that no expert appraisal be made of my estate unless required by law,
II, GUARDIAN:
In the event I shall die as the sole pnrcnt of minor children. then I appoint
. as Guardian of said minor children, If this named Guardian is
unable or unwilling to serve. then I appoint
as allematc Guardian.
III. BEQUESTS:
I direct that after payment of all my just debts. my properlY be bequeathed in the manner following:
TO UO,uftl.:t) M.>l> 'SThS I A ~ H- '~b
\0 KA'i PrkJ"D PAl R\-\ IN!::
"'"fl) UEL'D U::-S (Yl\ LLE?e..
4 ,~ I 1l::R-PLY L.IJ-M P -ro r:1-UVl t;1(. e t+- fAJ t:
$". (Jrr-uw11'- C~..y CuP ""TO PA-uYlCTL 12.H-lkJf::.-
b , ~ C'1'I.H~,S () P CA-l'3 TO V I R..& I /oJ I A ;:= La rL'(
7 I CDo KI E"" ~ IV CtfA-R u>l"TE" R 1+ I tJ t
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IN WITNESS WHEREOF, I have hereunto set my hand this lit . , L ,
'\)l:C <:.1\ \ V,(;;'(C ' 19 'I~ ,to this my Last Will and Testament.
day of
AI 0
Signature
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III. WITNESSED:
This Last Will and Teslllment of (lIIiKG 1\ kll +~ HI ,j c-
was signed and declared to be hislher Last Will and Testament in our presence and at hislher request and in Ihe
presence of each other, we do hereby witness same on this day of ' 19
Witness Signature
Address
Witness Signature
Address
Witness Signature
Address
State of
, County of
ss
We,
and '
he testator,and the witnesses, respectively, whose names are signed to the attached and foregoing instrument, were
sworn lmd declared to the undersigned that the tesUlIor signed the instrument as hislher Last Will and Ihal each of the
witnesses, in the presence of the teslator and each other, signed Ihe will as witnesses.
,
. ,
Witness
Testator:
Witness
Witness
Subs<:ribed and sworn before me by
.
, the testator, and
by
and
the witnesses. on the
day of
,19_.
My Commission Expires:
Notary Public
o It.%. lApl Forms. Before)'ou use lhll form. read II. 8n in.1I blank" and IMkt Vl'h.llt\'tr chanIn art nt<<,W)' 10 your (Wtirulu ltln\ACtion. Con\ullll...yCt if
you doubllhc fonn', ritntU for yourpwpo\C and use. n.z usnl Fonn\ anJ dM! r:I3iltf rroh no ft'pT\Cntllolionnr "'lIlTIInI)', flpn:" or Implle..J. ..lIh rtlrrd to the
merchantability of this (onn fot an Inltnded u\c 01 DUrDOiC.
21-96-657
HEGISTER OF WILLS 01' COUNTY
OATH 01' SUBSCRIBING WITNESS
Sworn 10 or affirmed and subsoribod before
~ili~ ~
signod as a wilness althe
ce of each olher) (in Ihe presence of Ihe
oodicil
(each) a subscribing 'ilncsS 10 thc will prcsontod hercwith. (oach) bcing duly
law, depose(s) and say(s) at
Ihe teslal , sign Ihe same an
request of leslat_ in h
other sllbscribing witness(es)),
(Name)
(Address __..
Register
(Name)
(Ae/e/ress)
REGISTER OF WILLS OF CUMBERLAND COUNTY
OATH OF NON.SUBSCRIBING WITNESS
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(each) a subscribor herelo, (each) being duly qualified aocording to law, depose(s) and say(s) that
We ar.e familiar with Ihe signalUre of Mar.qar.et Rhine
:tlfdl<llb<
will
Ihal
we
presented herewith and
codicil
belicvcs thc signature on tho will is in the handwriting of
lestat~ of (one of Ihe subscribing witnesses to) Ihe
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10 the bosl of ~L-. knowkdgo and belicf.
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CERTIFICATION OF 1I0TICE UNDE!1.E1J!&. 5.:l!d1iJ. '
Name of Decedent :~a r ~ 0. r e l 'B h i n <2~,'".
Date of Death:-.J u n I' ex- , C{ <] c;..., '
I
Will No. 1'1910 - 0 0 t:. 5'" 7 Admin. 110. y.J) t~("), .7/ ']10 - orc ') 7
To the RegisLer:
I certify that notice of beneficial interest required by
Rule 5.6(a) of the Orphans' Court Rules was served on or mailed to
the following beneficiaries of Lhe above-capLioned estate on
AII3asN.b/ /Q9Go :
Name
o .J1...\ m H k. 1< ~ll n ~.
~C\t ~~I W. K"'i ne.-
@'Ruebe.- ~hi"e..
(j) h r H Kine (~r;c\pr
Address
.9Y:JI/ L"'I' ft! (7/'d"'!Jr'/''''),'''''' 'P). 11 ;lo/
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/c';0'1jJlou41",,,, f?r;/ Clt'.{lr'1-51;.c,sb'''J/fJJ n~'v
If. "C'2.(Ju"'&(,J~ l1.'vIJb/J''j,/~ J 72'(cJ
SJ:i' /VJI)"".sptJI J) S)",) I' h""J.'P..1IP"7
Notice has now been given to all persons entitled thereto under
Rule 5.6(a) except\Jrr~II\1d. f'~ -ShJf-w'""bur':) pft
C:tem We,e, (L~srost'c\ (){ ~(,iOC-+0 de('t'c\~"i$d.~+h.J
Da te : f/ ~ " / 9 Co .-J)O'~Cr- Y? WL.0
, I Signature
G)1)cn~ 1 ('\ <-\- S1l\S I~K h; 1'(2
1" '2. i ... ., Kc\.
Nt'wblJ,r'):PA 17;;ilJO
~ 'De) or e S \'f'i \1 e r
Q,3 (/...lly."h"rC) ::;/-,
A (t'loI/~ ",11,/ IN, 17 "'8
Name S -Je s '<'l '7? 7?), I n f?
Address 1.-;' I ?..""J?ol.
N .. w blA O' ~. -p jJ 17:J Cf 0
TelephonelZL7l <'1;;3 -I,' 0 CJ
Capacity: X Personal Representative
Counsel [or personal
representative
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REV""OO.",,,, INHERITANCE TAX RETURN ~~~c!':m~~fFDR~MmR 12/31/91
RESIDENT DECEDENT POVERTY CREDIT IS CLAIMED
COMMONW'AlTtoOll"NNCoYLVANOA (TO BE FILED IN DUPLICATE FILE NUMBER
mPAnlM[NT Of H[V[N\J[ 21 1995
toAnl"'~~:;~.':~~~~"''''u, WITH REGISTER OF WILLS) COUNTYCOOE YEAR
DECEDENrs NAME (LAST, FIRST, AND MIDDLE INITIAL) DECEDENrs COMPLETE ADDRESS
Erne, Mar B. 1665 Orrs Bridge Road
SOCIAL SECURITY NUMBER DATE OF DEATH DATE OF BIRTH Enola, PI\ 17015
DECEDENT 166-32-5782 08/16/95 07/30/1939 Coun Cumberland
'" A...."CA"l '5unV'V'Nll'"UU''''' NAM' (LA> , SOCIAL SECURITY NUMBER AMOUNT RECEIVED (SEE INSTRUCTIONS)
I: IRS' AND MI(HJLr INITIAll
17. Amount 01 Uno 1418Jcnblo at 15% raiD
(Includo valuc:) from Schedule K or Schedulo M.l
18, Pllncipallax duo (Add lax Irom Uno. 15, 16 and 17,)
19. Crodlt:J 5pouu1 PO'o'l!Ily Credit Prior Payments Discount
+ 19,676.00. 631.58-
20. 11 Uno 19 is roalor Hum Uno 10. ontor Iho dilloronco on Uno 20. This is tho OVERPAYMENT.
A. Check hero If au are re uestln a rotund of our ove a em.
21, II linD 10 i. gloalar Ihan Uno 19, onlor Iho d,lIaronco on linD 21. Thi. '" Iho TAX DUE.
A. Enler tho inturcst on tho balanco duo on Uno 21A.
B. Enlor Iho lolal 01 linD 21 ond 21A on linD 21B, Till. '" Iho BALANCE DUE.
Mako Check Pay.blolo: R~g19ler 01 Will., Agonl
.. .. BE SURE TO ANSWER ALL QUESTIONS ON PAGE 2 AND TO RECHECK MATH" ..
Undor penaltlos 01 perjury. I declare that I tlQ"O ollal1llnod Ihl:J rolurn, including accompanYing schodulos and slatomonls, and to tho bost of rTr/ knowlodgo
end boliol, 11 iS1ruD. corroct Dnd completo. I ClJc!ilIQ lhat All ronl 0:>11110 has boon reportod ot truD markot valuo. Doclaratlon at proparor olhor than tho porsonal
reprosontatlvD is bosed on nll inlormallon 01 :~!:~''plOoa'CT has Dny knowledgo.
AOOn(5~ DATE
CHECK
APPRO-
PRIATE
BLOCKS
CORRES-
PONDENT
RECAPIT-
ULATION
TAX
COMPUTA-
TION
0657
NUMBER
1. Ollgll1al Rolurn
3. Romalndor Roturn
,'a,dAluo1duthpllorto12-1J-UI
05. Fedora! Estato TIUl Roturn Rcqulred
o 4 lImllod Estato 0 4a Futuro Inlorost ComprorTllso
1101 do'o. 01 doalh ollor 12-12-02)
[B G. Decodant Diad Toslala 0 7. Decodent Mainlo.lnod D UVlng Trust
(Alloch copy 01 Will) (Allacll copy 01 Tlu,1)
ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO:
NAME COMPLETE MAILING ADDRESS
Richard W. Stevenson c/o McNees, Wallace & Nurick
TELEPHONE NUMBER P,O. Box 1166
(717) 237-5208 Harris PA 17108-1166
1 Roal Eslalo (Schodulo A) ( 1 ) None
2, Slock. ond Bond. (Schod"lo B) ( 2 ) None
3, Clo.oly Hold Slock/Pannurship InlOloS! (5ch. C) (3) 281,262.17
4. MOlIgogo. ond Nolo. Rocoivoblo (Schodulo D) ( 4 ) None
5, Co.h, Bank Dopo",l. & Miscollanoou. Po,"onal ( 5 ) 85, 962 . 98
P'oporty (Schodulo E)
6, Jointly Ownod Properly (Schodulo F)
7. TranslOl. (Schodulo G) (Schodulo L)
8, Tolal Gross Assol. (lolal Unos 1-7)
9. Funeral Expenses, Administrativo Costs,
Miscellaneous Expenses (Schedule H)
10, Dobl', Mongogo Liabll,tro., Lion. (Schodulo I)
11 Tolal Doductlons (total Lines 9 & 10)
12. Not Value 01 Estllte (Uno 8 minus Uno '1)
13. Charitable nnd GovornmonlnlBoquosts (Schedulo J)
O. Tolal Number 015010 Dopo.il Boxos
(6 )
(7 )
None
0.00
( 8)
367,225.15
(9)
17,350.52
(10)
12,290.73
29,641.25,
337,583.90
None
(11)
(12)
(13)
14, Not Value Subcct to Tox (lIno 12 mmus uno 13)
15, Spall"'! Tran&llfl(lof dalllol onl" alter 6-30-94). 5u (15)
Instrucllonstor Appll~biePelt.nt..g'DnPag.2.11nclud.
...alues from ScnelJule ll:. Ot Schedule M.l
16, Amounl 01 Lino14 laxoblo a16% ralo (16)
(lncludo values tram Schodulo K or Schedule M.I
14
337,583.90
x . :;
337,583.90)( .08 :;
20,255.03
(17)
O.OOx .15
:
0.00 .
(18)
20,255.03
Inlorost
(19)
(20)
20,307.58
52.55
(21)
(21A)
(21B)
See Schedule attached
SIGNATURE or PRE PARER OTHER THAN R(PRES[NTATI [
"t. I
PA15001' NTF 6619
AOOftES5
c/o McNees,
Harrisburg ,
DATE
wallace & Nurick, P.O. Box 1166
PI\ 17108-1166
Copyright Forms Solt""'JleOnty, 1994 Nelco, Inc. N94PAQOI
PA AEV-HiOO EX (7-04) Pogo 2
Acl H4l! 011994 provldos lor Iho roducllon ollho lox rolollmposod on Iho nol voluo ollronllorllo or lor Iho UIO 01
Iho IpCUIO. Tho rotos os proscrlbod by Iho ItotUtO will bo:
. 3% (.03) will bo appllcablo lor ostolol 01 docodontl dying on or ohor 7/1'94 and boloro 1/1/96
. 2% (.02) will bo oppllcablo lor ostotos 01 docodonts dyIng on or ollor 1/1/96 and boloro 1/1/97
. 1% (.01) will bo oppllcablo lor oslotos 01 docodonts dying on or aher 1/1/97 and boloro 1/1/96
. Spousollronslors occurrIng on or ollor 1/1/96 will bo oxompllrom Inhorllonco lox.
PLEASE ANSWER THE FOLLOWING QUESTIONS
BY PLACING A CHECK MARK (,,) IN THE APPROPRIATE BLOCKS.
YES NO
1. Old docodont mako a tronslor and:
8. rolain tho usa or lncomo ollho properly 1ronsloHod, . .
... .......... .......................................
x
b. rolaln tho rlghl to dosignata who shall usa tho proporty translorred or its Incomo,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X
c. retain B rovorslonary Inlorost; or. . .. ................. .......... .............................................. X
d. rocolvo tho promise for lira 01 either payments, benefits or cDro? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X
2. II death occurrod on or boforo December 12, 1962. did decodont withIn two yoars procoding doath transfor property without receiving
odoquolo consldorolion? II doolh occurrod ollor DocomOOr 12, 1082, did docodonllronslor proporty wilhln ono YOOf 01 doolh wilhoUI
rocolving adequate consideration? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X
3. Old docedent own an 'in trust lor' bank account al his or ht'~ d\Jalh? . . .. . . .. . . . . . . . . . . .. .. . . .. . . .. . . . . .... . . . . . . . . .. ... . . X
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES,
YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
PAt5002 NTF 8080
Copyright Forms Soil.".'. Only. t99. Nelco.lnt. N9~PAOOi'
"
REV-l002 EX + (12'8~)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
EnATE OF FlU; NUMBER
B. Erne 21-1995-0657
(Prop.11y 'olntlv'owned wllh Righi 01 Survlvor.hlp mUlt b. dllclolOd on Schedul. F) All '..,...... Ihould be 'eported II Illr mlrk., Vllu.
whIch II d.nn.d II Ih. price .t which prop.11y would b. exchlnged b.twlOn . willing buver .nd . willing IllIer. n.'ther beIng compelled
10 b or lOll, both hlvln ro..onlble knowl.d .01 th. rol.vlnll.o",
ITEM
NO,
SCHEDULE A
REAL ESTATE
I
I~
i
DESCRIPTION
VALUE AT DATE
OF DEATH
None
C\
PAI5021
NTF 171'
TOTAL Also ontor on Ilnol. Roc llulshon
(II moro spsco Is noodod, Inson eddlhonalshoota of sarno size.)
s
0.00
COPyright Forma SOli""." Only, '89" N'lco,lnc. N'4PAD21
IIVlW>>lItllll11
..~'~iCl
.......;)tl......
COMMQNW(A"H Of "NN~W""'41A
INHf'HlANC( IAI Af1UAt4
At$IDWIO(CIOfNI
SCHEDULE C.2
PARTNERSHIP
INTEREST REPORT
ESTATE OF
FILE NUMBER
Marj' fl. Erne
1.
Namo 01 Partno"h;p _I~hcils" n t.,.1I 11LI"(1 rilL L. 1'_.
Address
1665 Orrs /lrid,g~_R_'2.ill:!.______._____
Fedoral L D. Numhor
IA. por Form 1065)
Dale BUlinen Commenced _.~_I}_1.j'_+l:. 4 ,
1995
Enola, PA 17025
Bu,;no.. ACliv;ry,_.Pa rm Re Iii ted
2. Clanification of Partnership:
OOono,al
00 limi'od
OO,hor
Decedent wal a -1..im.l-.t..~.d_ partner. If decedent was a limiled partner, provide initial inveltment S 281,262.17
3.
PARTNER'S NAMES % OF INCOME % OF OWNERSHIP
A, Mar B. Erne 97 97
8. Edward W. Erne, Jr. 1 1
c. Patrick M. Erne 1 1
0, Elaine M. Erne 1 1
Eltimated Value of decedent's intereSI: S 281 ,262.17
SALARY
BALANCE OF
CAPITAL ACCOUNT
-0-
281,262.17
2,899.61
2,899.61
2,899.61
-0-
4,
S. Amount and type of partnership indebtedness to decedent at dale of dealh: S - 0-
6. Was there life inlurance payable, upon Ihe dealh of decedent, to the partnenhipf DYel ~No
If yes, Cash Surrender Value: S Net proceeds payable: S
Owner of Policy:
7. Was there a written partnership agreement in effect at the time of the decedent's dealhf [l;1Yes DNa
If yes, attach copy of agreement.
B. Did the partnership have on inlerest in any other partnerships or corporation' DYes ~No
If yes, report fhe necessary information on a separate sheet, including Schedule "C.1 II or "C.2" for each interest.
9. Did the decedent's inlerest in Ihe partnership change in the year before death if the date of dealh was on or after 12/13/82 or if dealh occurred
prior 10 12/13/B2 in Iho 10.1 Iwa yoa..! Oyo. ~Na
If yes, explain:
Partnership created 7/24/95
10, Wa, Iho docodonl ,olalod 10 any of Iho a,ho, partn...! ooYo, DNa
flyo"explain: Decedent was the Mother of the other Partners
11. Wa, Iho partno..hip di..alvod 0' Iiquidatod aho, docodonl" doath! Oyo, ~Na
If yes, report all the related information, including copies of the Sales Agreement and/or Seltlement Sheet.
12, Wa, ,ho docodonl" ,lock ,old! Oyo. ~Na
If yel, provide Q copy of the agreement of sale, etc.
13. Please submit the following information:
A. A detailed description showing the melhod of computation utilized in the valuation of the decedent's interes'.
B. Complele copies of financial statements or complele copies of the Federal Tax Returns (Form 1065) for Ihe year of death and 4 preceding years.
C. If the Company awned Reol Estate, furnish a list showing the complele address/es and estimated Fair Marh, Value/s. II Real Estale
Appraisals have been secured, please auach copies.
U. ALL OTHER INFORMATION RELATIVETO AFFIXING THE TRUE VALUE OFTHE DECEDENT'S INTEREST SHOULD ACCOMPANY THIS
SCHEDULE.
I!! -
~CDNNDR~
215911farket Slreel
Camp /ltll, I'A 17011~/707
717 737-057-1 . FAX 737-3906
. REAL ESTATE APPRAISERS
The property, in my opinion, has an estimated retrospective market value
as of the date of death, August 16, 1995, of:
TWO HUNDRED NINETY THOUSAND ($290,000) DOLLARS
Employment in and compensation for making this appraisal are in no manner
contingent upon the value reported, and I certify that I have no financial
interest in the property appraised, present or contemplated, and that the
appraisal assignment was not based on a requested minimum valuation, a specific
valuation, or the approval of a loan.
Very truly yours,
oCi
/-!;-+!-d I- ,)nJIJl.Y-ij
Karen Darney, Broker, CRS, a(I
PA State Certified General Appraiser
Certification Number GA-001260-L
File No. 5-136
(
,
2
PennS),lvanla Slate Certlfled General AppraIsers
(
TABLE OF CONTENTS
Letter of Transmittal..........,................ 1/2
Table of Contents ..,............................ 3
Summary of Salient Facts ....................,... 4
Subject Photographs .........................,... 5/9
Neighborhood Map ................................ 9A
Narrative Section
Location ........................................
Purpose of the Appraisal........................
Funotion of Appraisal...........................
Property Rights Appraised .......................
Non .Real Property ...............................
Hazardous Materials .............................
OWnership .......................................
Flood Data ......................................
Maps........................................... .
Area Analysis ...................................
Land..................... .......................
Legal Description ...............................
Neighborhood Analysis/Trends ....................
Building (s) Description .........................
Leases ..........................................
Zoning ..........................................
Taxes & Assessments .............................
Utilities .......................................
Highest and Best Use ............................
Final Valuation & Marketing Time Estimate .......
Valuation Process and Scope of Appraisal........
Cost Approach ...................................
Income Approach .................................
Sales Comparison Approach/Market Approach .......
Reconciliation ..................................
Appraisers' Certification .......................
Unapparent Conditions ...........................
Assumptions and Limiting Conditions .............
Appraisers Qualifications .......................
Addendum:
Location Map
Property Tax/Plat Map
Legal Description
Survey provided by owner
Zoning Map
Zoning Ordinance
So11 Map
10
10
10
10
11
11
11
11
11
12/13
13/14
14
14/15
16/17
17
17
17/18
1B
18/19
19/20
21
22
22
23/35
36
37/3B
39
40
41/44
3
sun.lloCI 1'1I010GIlAI'IlS
,>
~.-',. ".
....~
View of in ground pool to rear of subject residence.
View of front of rental house and detached garage.
6
SUBJECT PIIOTOGIlAPflS
"
. r)
View of rear of detached garage and rental house.
View of bank barn.
7
SUBJECT PllOTOGIlAPllS
."
"
View of hog shed and paddock area to rear of bank barn.
View of private driveway looking east.
8
-,
SUBJECT P/lOIOGIlAP/lS
View of Orrs Bridge Road looking south.
View of Orrs Bridge Road looking north.
9
.
(
.
APPRAISAL OF
PROPERTY SITUATED
1665 Orrs Bridge Road, Ha_pden Township,
Cu.berland County, Enola, PA 17043
LOCATION:
Subj ect is located on the western side of Orrs Bridge Road, Hampden
Township, Cumberland County, Pennsylvania, known and numbered as 1665 Orrs Bridge
Road, Enola, PA 17043.
PURPOSE OF THE APPRAISAL:
The purpose of this appraisal is to estimate the retrospective Market
Value, as defined in the front page of the report, of the subject property as of
the date of death, August 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 estate settlement purposes.
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 easements 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.
\
10
HAZARDOUS MATERIALS:
In this appraisal assignment, the existence of potential hazardous 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 pl'esent in the property, has not been
considered. The appraiser is not qualified to detect such substances. We urge
the client to retain an expert regarding these matters.
The building is of an age where lead based paint may be present. The
market does not penalize the property, but the client should be advised of its
possible existence. It is assumed that it is not present. If the client has a
concern than a qualified expert should be contacted.
OWNERSHIP:
The property is owned by Pheasant Hill Farm L.P., a Pennsylvania Limited
Partnership, consisting of Edward W. Erne, Jr., Patrick M. Erne, Mary B. Erne,
and Elaine M. Erne, conveyed from Mary Bridget Erne for a consideration of $1.00
on July 24, 1994, and recorded in Deed Book 125, Page 726. This transfer was
among family members.
00
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 since the establishment of the family partnership.
FLOOD DATA:
According to FMEA Community Flood Map #420360 0005 - Panel not printed: no
special flood hazard areas, dated March 2, 1993, the property is not located in
a flood plain. Federal flood insurance is not required.
,j
MAPS:
A copy of the Cumberland County tax map has been included in the addendum
for the purpose of identifying the perimeter boundaries of the tract, its overall
size and shape and its relationship to the surrounding parcels in the
neighborhood.
A location map has also been included in the appraisal for the purpose of
identifying the locational features of the property as it relates to the existing
road system.
c
11
AREA ANALYSIS:
The subject property is located in Hampden Township, Cumberland County
which is part of the Harrisburg-Lebanon-Carlisle Metropolitan Statistical Area
(MSA) , which consists of Cumberland, Dauphln, Lebanon and Perry counties. The
hub of the area is Harrisburg, the area's largest city and the state capitol.
The Harrisburg-Lebanon-Carlisle MSA is located in the South Central
Pennsylvania region which consists of three MSA's, Harrisburg-Lebanon-Carlisle
MSA, York MSA an Lancaster MSA. This five county region 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. Baltimore and Philadelphia are
close enough that their suburban populations are now impacting on southern York
County and eastern Lancaster county.
o
Four interstates and five major state routes run through Central
Pennsylvania. Convenience to major cities, ports and industrial centers is very
good with highway distances as follows: Baltimore 85 miles, Philadelphia 103
miles, Washington 100 miles, New York City 185 miles, Pittsburgh 200 miles,
Gettysburg 35 miles, Allentown 81 miles and Lancaster 38 miles. Within a day's
drive over half of the nation's population and 45% of the nation's manufacturing
income can be reached.
Freight and rail services to the area are excellent. More than 38 trucking
lines maintain terminals in Harrisburg which is located at the hub of the East-
West and North -South lines of the Conrail Railway, making the area ideally
situated for storage in transit benefits. The Conrail Railway also operates a
large freight classification yard in the area. The freight yard, which can
process 4,000 freight cars a day, is connected to all major U.S. cities for one
and two day deliveries.
Eight major airlines provide regular nonstop service to New York,
Philadelphia, Pittsburgh, Washington, Chicago, St. Louis, Atlanta and Boston with
connections to anywhere in the world. Every major air-package service is
available through the Harrisburg International Airport.
Employment opportunities in the area are good. The State of Pennsylvania
employs 35,000 area workers. Harrisburg being the State Capitol and the U.S.
Government employs another 14,000+, most of which serve the two large supply
depots, the Army Supply Depot at New Cumberland and the Ship's Parts Control
Depot in Mechanicsburg.
(
According to information provided by the Central Penn Business Journal,
December, 1994, some the largest employers in the Harrisburg Area include AMP,
12
AREA AN^LYSIS CONT'O:
Inc., Hershey Foods Corporation, Pennsylvania Blue Shield, Giant Food Stores,
Inc., Capital Health System, Herco, Inc., polyclinic Medical Center, and Harsco
Corporation.
The economic base of the area is diversified 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
facilities.
In summary, the area's location with respect to the Eastern United States,
the presence of convenient highway, air and rail transportation and the presence
of State and National Employment opportunities have resulted in bright prospects
for continued growth in the Harrisburg-Lebanon,Carlisle Metropolitan Statistical
Area.
LAND:
An irregular shaped parcel containing 56.21 acres located on the southwest
side of Orrs Bridge Road. Site inclines from the street and then is gently
rolling. Land is subject to a deeded easement with the abutting land owners via
a private driveway on the south of the property. The right-of-way is a 16 foot
private alley (driveway) with the right to maintain a fence along one side of the
driveway and includes the privilege of putting up a gate at each end (See
enclosed deed). Pine Run stream runs along the eastern edge of woodland.
According to the owners there are approximately 39 acres of tillable
ground; 2-3* acres in erosion control; 7t acres in woodland; 7* acres in pasture;
and, 2 acres designated to the homesite. The Cumberland County Tax office
designates 2 acres as the homesite, 15.21 acres as Class III tillable acres, 19
acres as Class IV tillable; and 20 acres Class VI pasture.
Soil is classified as Berks-Weikert-Bedington which is shallow to deep,
gently sloping to very steep, well drained soils that formed in material
weathered from gray and brown shale, siltstone, and sandstone; on uplands.
According to Bill Noss, Cumberland County Soil Conversation Technician, this is
a shale soil; a common soil type in approximately 1/3 of Cumberland County north
of the Conodoguinent Creek. Hay grows well and drought resistant crops. This
is considered a moderate to fair crop production soil type. This past year wheat
was raised as a 'cash' crop and previous years small grains were raised.
(,
, '
13
LAND CDNT'D:
Soil Classification:
BeC Berks shaly silt loam, 8-15% slopes
BeB Berks shaly silt loam, 3,8% slopes
BeD Berks shaly silt loam, 15-25% slopes
WkF . Weikert and Klinesville very shaly silt
loams, 25,75% slopes
According to a conservation plan there are 2-3 acres of grass way for erosion
control. The owners have received an estimate of $4,000 to $5,000 for selective
hardwood trees from Weaver Lumber, Lebanon, PA, for timbering value.
The site is served with two private wells supplying water to both houses
and the barn. Only one well is in use and the other is not known if functioning.
The well produces 60 gallons of water per minute per the owner. There are two
private septic systems . one for each house.
The closest public water line, per Todd Mohn, PA American Water Company,
is located on Mountain View Road & Orrs Bridge Road approximately 1,500 feet
south of the subject. The public sewer line, per Steve Campell, Hampden
Township, is a 18' interceptor line which follows Sears Run creek located west
of the subj ect. Neither utility is planned to be installed closer to the
subject; any servicing to the site would be the developers expense.
Orrs Bridge Road is paved for two lanes of traffic and does not have curbs
or gutters. Kile Lane is a private lane which half is on the southern boundary
of the subject property (easement as recorded in the deed).
The land is improved with two houses, barn, and outbuildings. The pasture
is partially fenced with wood fencing in fair condition. The improvements are
discussed in the building section.
LEGAL DESCRIPTION:
See enclosed legal description and survey in Addendum.
NEIGHBORHOOD ANALYSIS/TRENDS:
The subj ect site is located in the northeastern quadrant of Hampden
Township just west of the East Pennsboro Township line and south of Wertzville
Road, aka Route 944. The surrounding uses include agricultural and residential.
Farms have recently been purchased for residential development. The neighborhood
is active with new residential development. New construction in the immediate
("
14
(
NEIGHBORHOOD ANALYSIS/TRENDS CONT'D:
neighborhood includes Wyndham Place townhouses, Mountain View Village apartments,
Governor's Glenn, Kingswood, and The Highlands, single family residential
developments all located to the south of the subject. Several other new
residential developments are located along Wertzville Road in both the east and
west direction.
The area along Wertzville Road has been actively developed in the past five
years with conversion of farm land to residential developments as zoning permits.
The location is in demand due to its convenient location to all major roadways
and employment, including the State Capitol, U.S. Navy Depot and the expanding
West Shore Area. Interstate 81 is located within one mile which provides easy
access to both the east and west shores of the Susquehanna River. Harrisburg is
located 3-4 miles east of the subjectj Carlisle is located 10-12 miles west of
the subject. Routes 11-15, 581, and 76 are all accessed off of 181.
Prices vary within the neighborhood and depend on the type of property and
its existing use. Generally housing prices range form $65,000 to in excess of
$300,000, with ages ranging from new to 100+, with typical age being 15-20 years.
Residential rentals rage from $350 to $B50 per month. Commercial and industrial
uses range in price from $90,000 to $1,000,000+. The area has been consistent
in maintaining property values with the vacancy rate in the area of 5%,10%.
Demand for properties in the neighborhood is good with most properties
owner occupied. Planning, zoning and restrictions for the area permit a mixed
blend of uses which are favorable to the neighborhood. Properties qualify for all
types of financing with mortgage money available for residential, commercial and
industrial/warehouse properties through numerous lending institutions.
Physically the improvements in the area of the subject property are well
maintained and in good condition. The subject property is currently being farmed
and is compatible with other agricultural uses.
Schools, shopping, transportation, churches and recreation is average for
the area.
Utilities within the neighborhood include electricity, telephone.
In conclusion, neighborhood values are expected to remain stable.
(
15
BUilDINGS AND IMPROVEMENTS:
-,
Homestead: The homestead is a two r.tol'y single family, detached house
containing 2,190 square feet. This aluminum sided house was built in 1935 with
a second level addition added for additional bedrooms/bath and a one story
addition was added on in 1975 and utilized as a family room (per owner). A
concrete block foundation basement is located undor all except tho family room.
Tho basement is unfinished and has a partial dirt floor which is located under
one bedroom. The first levol consists of: a living room with stone fireplace,
dining room, kitchen with minimal amount of knotty pine cabinets, dishwasher,
electric range, vent, vinyl floor, stainless stoel double bowl sinki family room
off dining room with four small skylights, wood floor, and four glass sliding
doors. Ceiling damaged due to prior roof leak area covered with a piece of
drywall which needs tapod and coiling repainted. Two bedrooms (one currently
utilized as a study). Front bedroom has a hole in the ceiling and has a scuttle
access to a floored attic (per the owner). Some ceiling tiles are missing and
the interior needs painted. Full bath has a ceramic floor and ceramic tub
enclosure, sink and toilet.
c
Second level has three bedrooms and one full bath. Bath has two sinks, tub
and toilet. Bath has a vinyl floor, fiberglass tub enclosure and pocket door
separating one vanity area. Second floor ceiling height is 7' which is lower
than the typical house in the market area.
Interior has plaster walls and drywall partitions, wall to wall carpeting
vinyl floor coverings and wood interior and exterior doors.
Three zoned, oil hot water heat, no central air conditioning, domestic hot
water, shingle roofi wood double hung windows with storm units & partial screens.
Inground concrete 20'x40' swimming pool with depths of 3' to 8' was added
in 1985. Pool is fenced with a 4' chain link fence and has a diving board.
There is a covered front porch; a four level wood deck in the process of
being completed to the rear of the house. The exterior wood trim on the house
needs painted.
Home has average landscapingi home is in average condition with cosmetic
repairs needed as described above.
Second rental house: One story, aluminum sided home built in 1960 containing
1,000 square feet. 'New' shingle roof per owner, aluminum downspouts and
guttersi concrete block, 3' crawl space foundation with dirt floor. Floor plan
consists of large eat.in kitchen with center island/bar, wood cabinets, double
bowl stainless steel sink, electric range with hood/venti living room, two
(
16
SKETCH/AREA TABLE ADDENDUM
"I,No 5.136
S 801I0"",'/C\'ll'Il
U Estate of M<lf n, Erne
B PfoptrtyAddlU'
J 1665 Orrs nrld . RO.1d
E c.~ COllrtw 5"" LPCodI
C n 7
T LlIl'ICIII
eN s Wallace & NurlcK
~,~
MAlN HOJS(
I 24'
M
P
R
0
V
E
M
E
N
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S
K
E
T
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srr.cw::> LEvtL.
24'
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'7
17 S'
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nRST LML
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S' 1 CO<I, Pcil~ S' 36.5
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17
SCAlE; 1 Inch. 151..,
AREA CALCULATIONS SUMMARV
LIVING AREA CALCULATIONS
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"
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L
C
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Are8
CO\....,
GLAZ
PO'
Name 01 Area
MAUl LlvtL
S(COMO Llvn
toytrld Porth
Oeck
D'tk
DICk
Det.
51..
TOt815
1311.,00
176.00
Broakdown
16.S0 . ]6.00
36.50 l 24.00
Subtotal.
131'.00
816.00
1]14.00
876.00
12.00
]n.oe
'4&0.00
96.00
81.00
773,00
(
TOTAL LIVABLE (rounded)
2190
2190
.-
.t'''' ....
, "
16A
( ,
SKETCH/AREA TABLE ADDENDUM
r..,No 5-136
S 001'0""'1/0.'"'
U E8tftte ot Mar a, Erna
B PJOPfIIYMQlI",
J 1 rl:S arid" Road
E C,,, Col/nl)' 51111 lop Cod,
e 7
T LInd.,
W I k
24' !I:J
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:4' :4'
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SCAlE: 'Inch.. 151,"
A
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A
AREA CALCULATIONS SUMMARY
Arell Name 01 Ares Size TOlal.
GU1 1t'""1 MOVIt 1000.00 1000.00
CIA II,." 126O.0C
,tg S/'led 192.00
e.,..,t 576.00 2111,0<)
PO, Oed 64.00
Oect 160.00 224.00
Subtotal.
1000.00
LIVING AREA CALCULATIONS
Br.akdown
50.00 II: 20.00
C
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A
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N
S
TOTAL LIVABLE (rounded)
1000
1000
U~.. ..,..... ,,1' ..
U_'lt
16B
TAXES & ASSESSMENTS CONT'D:
Taxes:
County
Municipal
School
$ 364.61
44.67
1 ,712.35
Total Real Estate Taxes
$2 , 121 .63
Common Level Ratio for Cumberland County: 7.3%
Value Implied by Assessment: $203,972.60
The common level ratio is established by the State Tax Equalization Board
each year and is used as a measure of the relationship between the assessment and
market value. The market value implied by the assessment is derived by dividing
the assessed value for the subject property by the current Common Level Ratio.
If the implied market value is substantially (usually at least 15%) higher than
the market value estimated in this report, prudent management would seek an
adjustment in the assessment. If the implied market value is substantially lower
than the market value estimated in this report, a review should be made of any
additions and/or renovations which may have been made since the last assessment,
which may prompt a reassessment if the property were sold.
A note should be made that while the application of the Common Level Ratio
to the assessed value of the property creates a market value indication for tax
purposes, it may not be reflective of the actual market conditions which exist
at the current time period. Therefore, the indicated market value through
application of the Common Level Ratio to the assessed property value is provided
as information only and is not one confirmed or supported by your appraisers.
UTILITIES:
Public utilities connected to the subject are:
Sewer Private Septic systems
Water Private well
Electric Pennsylvania Power & Light Co.
Telephone Bell of Pennsylvania
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 amenities, and that which is permitted or would be permitted by the local
municipal or township authorities, and that which would not be unduly
c
16
UIGHEST AND BEST USE CONT'D:
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 . possible and permissible uses that
will produce the highest net return or highest
present worth.
The highest and best use of the land (site), if vacant and available for
use, may be different 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 excess of the value of the
site.
c, G
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.
Based on the foregoing, it is our opinion, the highest and best use of the
subject property is its existing use as continued agricultural uses until such
time public water' and sewer is extended to the subj ect site. When the public
water and sewer are extended, the highest and best use would be for residential
development.
VALUATION:
Taking all of the foregoing factors into consideration, it is my opinion
the property has an estimated retrospective market value as of the date of death,
August 16, 1995, of:
TWO HUNDRED NINETY THOUSAND ($290,000) DOLLARS
(
19
VALUATION PROCESS AND SCOPE OF APPRAISAL:
The purpose of this appraisal is to estimate the market valuo of tho foe
simple title to the subject property. The goal of the valuation process is a
well documented and supported value conclusion that reflects the appraiser's
study of all factors that influence the market value of the property being
appraised. In order to do this, the appraiser usually studies a property from
three different view points which are typically known as the three approaches to
value. They are as follows:
1. Cost Approach whereby the current cost of reproducing or
replacing the improvements less the loss in value from depre-
ciation equals a depreciated cost of improvements, value of the
land is added to arrive at an indication of value.
2. The Sale Comparison Approach is that approach to value
whereby the subject property is compared to other recent
sales of comparable properties to arrive at an indication
of value.
Of)
3. The Income Capitalization Approach looks at the earning power
of the subject property, its income or anticipated future
benefits and capitalizes this into an indication of value.
Information for the application of the three approaches to value is ob-
tained from the market through research and analysis and it should be noted that
the approaches are interrelated. Separate indications of property value are
usually derived from each approach. These approaches to value will be considered
in the following section of this report.
Market Analvsis and ~pecial Considerations:
In the 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 is currently available in the Greater
Harrisburg area.
2.
Rent concessions which are currently available in competing
space presently for lease.
3.
The availability of vacant sites which would permit construction
of new facilities.
(
21
COST APPROACH:
Approach through which an appraiser derivos 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 subjeot
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.
INCOME CAPITALIZATION APPROACH:
Approach through which an appraiser derives a value indication for income-
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 investment; secondly, the annual cash
flows may be discounted for the holding period and the reversion at a specified
yield rate. (The Dictionarv of Real Estate Appraisal, Second Edition, Page 156).
In this market, few farms are rented and there is insufficient data
available to develop either an estimated market rent or a gross rental
multiplier. Due to the lack of rental data, the Income Approach is not
appropriate. Therefore, the Income approach was considered but not developed.
for this type of property the Income approach is usually less significant than
the Sales Comparison Approach.
l
22
SALES COMPARISON APPROACIl/MARKEr APPROACIl:
""
The approach through which an appraiser derives a value indication
comparing the property to be appraised to similar properties that have boen sold
recently, applying appropriate units of comparison and making adjustments, abased
on the elements of comparison, to the sale price of comparable.
In epplying the Sales Comparison Approach, the appraiser takes the
following steps:
1. Researches the market and selects the sales and/or listings of
properties most comparable to the property being appraised. Generally,
the most current and similar comparable sales 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
characteristics and any special conditions.
3. Analysis and compares each 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.
5. Reconciles the adjusted prices of the comparable properties into an
indication of valu9 for the property being appraised.
In an effort to arrive at value indications by the Sales Comparison
Approach, sales of reasonably similar properties in surrounding areas were
studied.
Numerous sales were studied, as well as, current listinga 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 'arms length.'
(
Each comparable property was compared to the subject property and
adjustments were made for significant differences. The adjusted price of each
comparable indicated a value range for the subject which was then reconciled into
a single value indication via the Sales Comparison Approach.
23
,
.
. .... -. ~.. - - .... .- ..
SALE NO.:
1
GRANTOR:
McCoy, John P. & Pearl
GRANTEE:
Diehl, Raymond E. & Genevieve A.
LOCATION:
W. Old York Road, South Middleton Township,
TAX MAP NUMBER:
40-11-0290-004
DATE OF SALE:
8-4-95
DEED BOOK/PAGE:
126/283
IMPROVEMENTS:
Stone house, 1240 sq.ft. and out buildings
LAND:
115.95 acres
ZONING:
Agriculture
CONSIDERATION:
$475,000
UNIT PRICE:
$4,097 per acrej $4,481 per tillable acre
COIIIENTS:
Stone farm house built in 1870j bank barnj shedj
improvements in fair condition. Good soil quality:
Soil Type: DuB - Duffield silt loam, 3-8% slope
HaB _ Hagerstown silt loam, 3-8% olope
HaC - Hagerstown silt loam, 8-15% slope
EdC - Edom silt clay loam, 8-15% slope
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SALE NO.:
3
GRANTOR:
Spangler, Dale e.
GRANTEE:
Stamy, John F. III & Diane B.
LOCATION:
1220 Baish Road, Monroe Township
TAX MAP NUMBER:
22.11.2BO.23
DATE OF SALE:
1-22.91
DEED BOOK/PAGE:
34Y/414
IMPROVEMENTS:
Brick house and out buildings
lAND:
89.68 acres
ZONING:
Agricultural
CONSIDERATION:
$450,000
UNIT PRICE:
$5,018 per acrej $5,252 per tillable acre
COIlllENTS:
Purchased by adjoining property owner to protect
his interest in dairy farm and support his growing
herd. This was a private sale with the grantor
holding a second mortgage. Property was improved
with a brick house, large brick barn, frame barn
and outbuildings in average condition. Road front-
age is along Baish Road. Area is known for its
high productivity of the land. On site well and
septic. No public utilities close by.
,
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Soil type: DuA Duffield silt loam, 0-3% slope
DuB Duffield silt loam, 3-8% slope
DuC Duffield silt loam, 8-15% slope
EdC - Edom silty clay loam, 8 -15% slope
HuA - Huntingon silt loam, 0-5% slope
(
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28
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SlsLE NO.:
5
GRANTOR:
Arnold, Adam & Myrtle
GRANTEE:
Marks, Gary & Patricia
LOCATION:
North Lebanon Township, Lebanon County, PA
TAX \lAP NUMBER:
27-70-540
DATE OF SALE:
5-11.94
DEED BOOK/PAGE:
303/555
IMPROVEMENTS:
House and out buildings
LAND :
82 acres
ZONING:
Agricultural
CONSIDERATION:
$300,000
UNIT PRICE:
$3,456 per acre; $3,659 per tillable acre
COIIlIENTS:
On site well and septic; General farm purchased at
public auction. The property is located in North
Lebanon Township along the west side of Grace
Avenue just past West Kercher Road. The buildings
located on this property were in fair to poor
condition.
Soil type:
BkB Berks shaly silt loam
BeB Bedington shaly silt loam
BkC Berks shaly silt loam
These soil types are inferior soils when compared
with the Hagerstown-Duffield.Clarksburg series.
However, berks is capable of producing high crop
yields somewhat equal to Hagerstown.
l
32
SALES COMPARISON APPROACIl CONT'D:
Adjustment Grid:
Sale Price/ Soil Qual/Cond Topo/Road Loc, & Adjusted
No. Acre Time Size Qualitv 2nd Home Frontallo Zoninll Price/Acre
1 $4,097 -0. +10% -20% +20% - 5% +15% $4,916
2 $5,039 -0. + 5% -25% +20% ,10% +15% $5,291
3 $5,018 +10% +10% -25% + 5% ,10% +15% $5,269
4 $4,010 + 5% +10% -25% +25% 5% +15% $5,013
5 $3,456 -0- + 5% - 5% +30% . 5% +15% $4,838
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COMMENTS:
Sale #1 is the most recent sale. Sale had superior soil quality; house and
outbuildings were in fair condition and considered inferior to the subj ect. Site
had more road frontage and had superior topography which is more desirable and
reflected in the location adjustment.
Sale #2 was adj usted for superior soil quality; inferior condition of
improvements; superior location having a corner location and level ground.
Sale #3 was adjusted for time to bring it up to current market conditions;
Sale had superior soil quality; condition of improvements was considered equal;
comparable located on level land with superior road frontage.
Sale #4 was adjusted for time; superior soil qualities; inferior condition
of improvements; superior level topography. Sale had similar location and
surroundings with new developments near by.
Sale #5 had similar soil qualities; adjusted for inferior condition of
improvements and superior topography and road frontage.
The market sales of improved properties reflected unit value unadjusted,
and with the land merged ranged from $3,456 to $5,039 per acre for farm ground.
After considering the differences, the adj usted price ranged from $4,838 to
$5,291 per acre. Most weight was placed on Sale 1/2 which is closest to the
subject's size; Sales #2 and #3 had the least net adjustments. Estimated value
was supported by Sale #4 which had the most similar location.
(
34
IIECONCILIATlON
The indicationn of value an developed by the three approachen to value oro
os follows:
Value indicated by the Cost Approach
Value indicated by the Income Approach
Value indicated by the Market Approach
NA
NA
$290,000
The cost factors used in the Cost Approach have been developed from local
contractors, Marshall Valuation Service, as well as but not limited to my
experience as an appraiser and Realtor, which reflects the local present cost of
construction.
t
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 which is
subject to error. This approach was not used in this appraisal. Purchasers of
farms are more concerned with the income the property will produce from crops
than with its reproduction cost. Most purchasers of properties similar to the
subj ect take into consideration the tax advantage 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 was not considered applicable since the majority of
farms in this market area are owner occupied and not leased. The quality and
quantity of income data is limited.
Greatest weight is given to the Market Approach, which reflects the
reactions of the typical buyers and sellers in the market place. Sales of 5
properties were documented and analyzed. A major segment of farms of this type
is owner occupied. For this type of property the Income Approach is usually less
significant than the Sales Comparison approach or the Cost Approach because owner
occupants are not interested in leasing.
Sales of five farms were documented and listed. Sales ranged in price from
$3,456 to $5,039 per acre. After adjustments were made for the differences, the
indicated estimated value is $5,100 per acre. The value of the timber on the
property is estimated at $4,500.
\
36
111'1' I!AlSEII 'S-.!!f:IlTI F LeAl ION
I have reoearchud the ollhject markut area and have oelected a minimum of
three recent salen of pr'opel'lleo moot nimila,' and pl'oximate to the nubject
property for consideration in the Daleo compal'ison analynio and have made
adjustmants when appropriate to reflect the market reaction to thone items of
significant variation. If a significant item in a comparable property is
superior to, or more favorable than, the subject property, I have made a negative
adjustment to reduce the adjusted sales price of the comparable and, if a
significant item in a comparable property is inferior to, or less favorable than
the subject property, I have made a positive adjustment to incl'ease 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
have not knowingly withheld any significant information from the appraisal report
and I believe, to the best of my knowledge, that all statements and 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 occupants of the
subject 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 value
estimate, the attainment of a stipulated result, or the occurrence of a
subsequent event in order to receive my compensation and/or employment for
performing the appraisal. I did not base the appraisal report on a requested
minimum valuation, a specific valuation, or the need to approve a specific
mortgage loan.
\
37
APPRAISER'S CERTIFICATION
(CONT'O)
I performed this appraisal in conformity with the Uniform Standards of
Professional Appraisal Pr-actice that wern adoptnd and promulgated by the
Appraisal Standards Board of The Ai'PI'aisal Foundation and that were in place as
of the effective date of this appraisal, with the exception of the departure
provision of those Standards I 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 consistent 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 interior and exterior areas of the subject
property and the exterior of all properties listed as comparables in the
appraisal report. I further certify that I have noted any apparent or known
adverse conditions in the subject improvements, on the subject site, or on any
site within the immediate vicinity of the subj ect 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. Itwe
have also commented about the effect of the adverse conditions on the
marketability of the subject property.
or.;
\:.:
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 change to any item in the report; 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 relating to review by its duly authorized representatives.
I certify that I to the best of my knowledge and belief, the reported
analyses, opinion and conclusions were developed I and this report has been
prepared, in conformity with the requirement of the Code of Professional Ethics
and the Standards of Professional Appraisal Practice of the Appraisal Institute.
I certify that I, Karen Darney, personally inspected the property.
(
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Karen Darney, GRI, CR
38
.
UUAI'PAnENT CONOI nONS
It is 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 than an otherwise
comparable property. No responsibility is assumed for such conditions nor for
any engineering required to discover such things.
Physical items described are to be used as a general guide for property
valuation and not as a complete and detailed physical report. Conditions behind
walls, above ceilings, behind locked doors, or under the ground which are not
exposed to casual view, were not inspected. No warranty is given or implied on
structural or mechanical items of the property. We suggest an expert be hired
for a detailed investigation, if desired.
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
supporting strata would be unsuitable for improvements.
While the land surface has been inspected, as far as possible, by
observation, it was not pos~ible 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 assignment, the existence of potential hazardous 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.
l
39
ASSUMPTI ONS AND LI M IT I NG COND IT IONS
We assume no responsibility for matters legal in character' nor do we render
any opinion as to the t1 Ue whlch is assumed to be good, existing liens and
encumbrances have been disregarded and the property is appraised as though free
and clear under responsible ownership and con,petent management.
We believe to be reliable the information, identified in this report as
being furnished to us by others, but we assume no responsibility for its
accuracy.
We assume that the utilization of the land and improvements is within the
boundaries of the property lines of the property described and that there is no
encroachment or trespass unless noted with the report. No survey of the property
has been made by the appraiser(s) and no responsibility is assumed in connection
with such matters. Any maps, plats, or drawings reproduced and included in this
report are intended only for the purpose of showing spatial relationships.
Possession of this report, or a copy thereof, does not carry with it the
right of publication, nor may it be used for any purpose by any but the
applicant, and in any event, only with proper qualifications.
We have no present or contemplated interest in the property appraised.
The distribution of the total valuation of this report between land and
improvements applies only under the existing program of utilization. The
separate valuations for land and building must not be used in conjunction with
any other appraisal and are invalid is so used.
We are not required to give testimony or to appear in court by reasons of
this appraisal, with reference to the property in question, unless arrangements
have been previously made therefor.
Mathematical models are based on estimates and assumptions that are
inherently subj ect to uncertainty and variation, we do not represent them as
results that will actually be achieved.
This report has been made in conformity with the Uniform Standards of
Professional Appraisal Practice and the Appraisal Institute.
(
40
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~CDNNDR~
2159 Market Street
Ca"'JlIftIl,I'A 1701/..1707
7177.17.0,57.1 . FAX 737.3906
REAL ESTATE APPRAISERS
QUALIFICATIONS
KAREN DARNEY
PROFESSIONAL EXPERIENCE:
Aug~st, 1994 to Present: L.G. Connor Real Estate Appraisers. Broker/Ownor and
feo ap,."sise,' of large and small commercial and industrial properties, farms,
condemnations, tax appeals, vacant ground and one to four units and Gingle family
inclUding new construction, condominiums and employer relocation.
April, 1994 to August, 1994: Lester G. Connor, MAl, Fee appraiser. large and
small commercial and industrial properties, farms, condemnations, tax appeals,
and single family residential properties including new const,'uction, condominiums
and ~mployer relocation.
FelJruary, 1992 to April, 1994: K, Jesse ReHenbach Associates, LTD. Fee
appraiser ' commercial and single family residential properties including new
construction, condominiums and employer relocation.
October, 1990, to January, 1992: Associate Broker doing residential sales for
Jack Gaughen Realtor and Coldwell Banker MGM Realty, Inc.. Managed and sold new
construction in nine developmentsj and, sold resale properties.
September, 1985 to September, 1990: Associate Broker with Coldwell Banker MOM
Realty, Inc.. Office manager for offices located in Hershey and Middletown, PA,
December, 1979 to August, 19B5: Sales Associate for Owen'G.,oss, Inc" Partners,
Real Estate Instructor for the Institute of Real Estate Studies t~nching in
Harrisburg and York.
EDUCATION:
1969 West Virginia University
Morgantown, West Virginia
Bachelor of Science in Nursing
(
Post Graduate Academic Education:
1974 University of North Carolina
Chapel Hill, North Carolina
1972.73 Temple University
Harrisburg, Pennsylvania
Pennsylvania State Certified Genera/ Appraisers
EDUCATION CONTINUED:
APPRAISAL COURSES:
Real Estate Analysis, RA2
Appraisal Standards and EthiCS, RA5
Acceptable Residential and Commercial Appraisals
Cost and Income Approaches, RA4
Appraisal Principals, 1110
Appraisal Procedures, 1120
Narrative Appraisal Report
Residentisl Csse Study, 1210
Appraisal Reporting of Complex Residential Properties
Income Approach to Appraisal
Basic Income Capitalization, 1310
Advanced Income Capitalization, 11510
Appraising for FHA Insured Loans
Standards of Professional Practice, Part A . 1410
Standards of Professional Practice, Part B . 1420
Report Writing and Valuation Analysis, 11540
Fundamentals of Relocation Appraising
Marshall & Swift Commercial Cost Approach
Highest and Best Use and Market Analysis, 11520
REAL ESTATE COURSES:
Real Estate Law
Investment
Fundamentals and Practice
Fair Housing & Law
PROFESSIONAL DESIGNATIONS AND LICENSES:
1994
1994
1994
1992
1992
19BB
19BB
19B5
19B4
19B2
t 1979
Pennsylvania Broker License HRB.044264.L
Appraisal Institute Affiliate, Candidate for MAl, HM940777
Pennsylvania State Certified General Appraiser, GA.001260.L
Certified Commercial Real Estate Appraiser (CCRA), National Association
of Real Estate Appraisers, H46120
Certified Dispute Settler in Dispute Resolution System Mediation,
National Academy of Conciliators.
Certified Residential Specialist (CRS), Residential Sales Council of the
Realtors National Marketing Institute. H7636
Certified Code of Ethics Instructor, Pennsylvania Association of Realtors.
Pennsylvania Real Estate Instructor, License HRI.0064B.A
Pennsylvania Real Estate Associate Broker HAB,044264.A
Graduate Pennsylvania Realtors Institute (GRII, a National Association of
Realtors Designation.
Pennsylvania Salesperson License HRS.122124.A
PROFESSIONAL ORGANIZATIONS:
Appraisal Institute, Affiliate Member
Central Pennsylvania Chepter, Appraisal Institute
Notional Association of Real Estate Appraisers
National Association of Realtors
Realtors Notional Marketing Institute
Pennsylvania Association of Realtors
Boord of Directors, 1995, 1994, 1993, 1992
Greater Harrisburg Association of Realtors
President, 1995
COURTS OF TESTIMONY . EXPERT WITNESS:
Cumberland County
Lebanon County
FEE APPRAISER AND CONSULTANT TO:
Various bonks, mortgage companies, credit unions, employee relocation
companies, broker trade programs. Approved appraiser for Pennsylvania Deportment
of Transportation.
ERRORS AND OMMISSIONS:
Real Estate Errors & Omissions Insurance
Policy Period: 3/16/95 to 3/16/96
Policy #: 506JA 6966 AR
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DEED
This Deed is made the ot~
day of July, 1995,
BET WEE N
MARY BRIDGET ERNE, of Hampden Township, Cumberland County,
Pennsylvania (the "Grantor"),
AND
PHEASANT HILL FARM L.P., (the "Grantee"):
WIT N E SSE T H
That the Grantor, in consideration of One Dollar ($1.00), paid by
the Grantee to the Grantor, the receipt whereof is hereby
acknowledged, does hereby grant and convey to the Grantee:
ALL THAT CERTAIN tract of land situate in the Township of
Hampden, County of Cumberland and State of Pennsylvania,
more particularly bounded and described as follows, to-wit:
BEGINNING at a stake in the public road at the junction
of the line of lands of S.B. Moore and Ralph Earley;
thence along said Moore lands, South 28 degrees 30
minutes West, 320 feet to a point; thence by the same
South 16 degrees 14 minutes East, 38.6 feet to a point;
thence along lands now or late of H.W. Arnold, and
along the center line of a private driveway, South 76
degrees 34 minutes West, 535.07 feet to a point; thence
by the same, South 64 degrees 18 minutes West, 263.16
feet to a point; thence by the same, South 88 degrees
45 minutes West, 659.33 feet to a point; thence by the
'same, South 87 degrees 17 minutes West, 553 feet to a
point at line of lands now or late of W.L. Kile; thence
by said Kile lands, North 08 degrees 24 minutes West,
806.65 feet to a point at line of lands of E.E.
Eslinger; thence by said Eslinger lands, North 80
degrees 19 minutes East, 1059.3 feet to a black oak;
thence by the same, North 47 degrees 04 minutes East,
205 feet to a stake; thence by the same, North 17
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degrees 45 minutes West, 409.2 feet to a stake; thence
North 32 degrees East, 99 feet to a hickory; thence due
East, 306.9 feet to an oak tree; thence South 81
degrees 25 minutes East; 610.53 feet to a stake at line
of lands now or late of Ralph Earley; thence along said
Earley lands, South 18 degrees 30 minutes East, 342.8
feet to a stake; thence by the same, South 40 degrees
30 minutes East, 543 feet to a point in the center line
of the public road aforesaid; thence by said road,
South 58 degrees 15 minutes West, 311.85 feet to a
point, the Place of BEGINNING.
THE FOREGOING description is in accordance with a
survey made by D.P. Raffensperger, Registered surveyor,
March 7, 1951, showing the area to contain 56.21 acres.
TOGETHER WITH the improvements thereon erected which
include a 1~ story frame dwelling house, frame bank
barn, one story frame dwelling house, and other
accessory buildings.
ALSO UNDER AND SUBJECT, nevertheless, to the
reservation in favor of Jacob Novinger, his heirs and
assigns, and the owners and occupiers of the lands
abutting said private driveway and adjoining the lands
herein described on the South, in common with the
owners and occupiers of the within described premises,
of the free right of ingress, egress and regress over
the 16 foot private alley now on the ground and
mentioned above, subject to the duty of the above named
Jacob Novinger, his heirs and assigns, and the owners
and occupiers of the tract adjoining to the south,
aforesaid, to maintain the fence along one side of said
right-of-way; said owners and occupiers to have the
right and privilege of putting up a gate at each end of
said right-of-way.
UNDER AND SUBJECT, nevertheless, to all easements,
restrictions, encumbrances and other matters of record
or that a physical inspection or survey of the premises
would reveal.
BEING the same tract of land which Edward W. Erne with
the joinder of his wife, Mary Bridget Erne, by deed
dated December 26, 1967, being recorded in the Office
of the Recorder of Deeds in and for Cumberland county
at Carlisle, Pennsylvania in Deed Book "P", Vol. 22,
page 828, et seq., granted and conveyed to Edward W.
Erne and Mary Bridget Erne, husband and wife, as
tenants by the entireties. The said Edward W. Erne
departed this life August 15, 1994 whereby title to the
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R.T, Residenti.1 . Towne
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S80!. Puqltl.e. The purpose of the R.T, Residemial. To""ne District is 10 provide for the orderly expansion
of multi.family residential development in oreas which can ieasibly be supplied with essential public facilities; to
provide for the public health and to prevenl the over.crowding of the land through the 'pplication of maximum
housing densities; to provide standards which will encourage the installation of public bcilities and the
preserv.tion of public open space; to exclude 'Clivities of. commercial or industrial nOlure and any 'Clivities not
comp.tible with residential development; to provide for lhe public convenience and .void undue congestion on
the roads, To provide for an equiuble shoring of the investment and maintenance for sewer, water, electric, gas
and other utilities; to otherwise create conditions conducive to corrying out the purposes of lhis Ch'pter.
(.Ord 82.2, 3/29/84, S8oo)
1
S802. Permitted Use.. A building m.y be erected or used and . lot may be used or occupied for any of the
following purposes and no other:
I. Singl..f:unily, dmched dwelling..
2. Singl..f:unily, semi-det.ched dwelling.,
3. Singl..f:unily, .tuched dwellings,
4. Two.f:unily, det.ched dwelling.,
S. Two.f:unily, semi-del.ched dwellings.
6. Public utilities and facilities.
7. Private nuning homes, hospitals and sanitoriums,
8. Club House (fraternal or lodge)
9. Family doy care home.(.Ord, 92-05, 2/4/92)
10, Accessory use on the same lot with and customorily incidental to any of the above permitted uses.
(.Ord 82-2,3/29/1984,5801, as amended by Oed 94-01, 5/3/94)) ,
S803. Cnndition.1 Use.. The following conditional uses and no olher may be allo",'ed by the TO""n!hip
Board of Commissioners aher recommendotions by lhe Planning Commission, pursuanl to lhe express standmls
and criteria Set forth in Pan 18 of thi. Ch.pter,
I. Mobile Home Pork,
2. Churches or similor places of worship, porish house. and convents,
3. School.,libraries, mu.eums .nd municipal buildings.
4, Municipal parks, playgrounds and recreation oreas including swimming pools,
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5, Private parks, playgrounds and recreation are.s including swimming pools when accessory to and
incidental to residential development of the Jistrict and not operated for gain or profit,
6, PlilIlned residential development pUrluantto Pan 15 of the Hampden Township Zoning Ordinance.
lOrd 84.2,3/29/84,S802;.s amended by Ord 8407.7/3/84, and by Ord 86,6,8/5/86,51)
5804. Buildin~ Hei~ht I imit. No building shall be erected to a height in excess of thiny.five (35) feet;
provided, however, that this height may be incre.sed one (I) foot for each additional foot that the width of each
yard exceeds the minimum required. All yards shall exceed the minimum by the number of feet proposed to be
added to the maximum height of thiny.five (35) feet. Ord 84.2.3/29/84,5803)
S80S. Lot Area and Width.
I. For residential lots, the area shall be not less than reflected in the following table:
Lot Area Lot Area Lot Area
Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit
with with without
Dwelling Public Water & Sewer Public Sewer Public Sewer
Type ('q hI ('q hI (sq', h I
Single,family
detached 7,500 9,000 30,000
Single.family
semi-detached 4,500 5,500 30,000
Single-family
attached 2,000 3,000 30,000
Two.family
denched 6,000 7,000 30,000
Two.family
semi.attached 4,500 5,500 30,000
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2, For residentiallolS, the fronuge shall be not lesslhJn reflected in the following lable:
Minimum Fronuge
Minimum Fronuge at the
at the Street Line Street Line
per Lot per Lot
Dwelling With Puhlic Sewer Without Public Sewer
Type Interior (ft,) Corner (11-1 Ifd
Single-family
detached 75 8S 100
Single-family
semi-deuched 45 60 100
Single-family
attached 20 40 100
Two.family
detached 60 75 ISO
Two.family
semi-detached 45 60 150
[fJbles amended by Ord 94-01,5/3/94)
3. For non.residentiallots with public sewer, the >rea Jnd frontJge requiremenlS shall be not 1m than
ien thowand (10,000) square feet and lot width of not less than one hundred (100) feet at the street line.
(Ord, 85-4)
4. For non.residentiallol.l without public sewer, each lot shall be not less than thirty thousand
(30,000) square feet and lot width of not lell than one hundred fifty (150) feet along the street line,
(prd 84.2,3/29/84, 5804: as amended by Ord 85.4, 4/2/85)
S806. Mnimum Densil;)'. The maximum density in this District shall be no more than ten (10) dwelling
units per acre. (Ord 84.2, 3/29/84, 5805)
S807. lot Cnverare.
I. The maximum lot coverage of any lot in this zoning district shall be fortr percent (40%) of the totJI
>rea of said lot less any additional area required to be free of impervious material as part of the storm,,'ater
management facilities required by this Township,
2. Any portion of a lot not covered with impervious mJterial Jnd not required to be otherwise developed
as part of the stormwater management fadlities required by this Township shall be planted and maintained with
vegetative material.
(prd 84-2,3/29/84, 5806: as amended by Ord 85,4, 4/2/85)
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LEGEND
BERKS,WEIKERT'BEDINGTDN AssoclOI,on Shallow 10
deep, gently SloPIng to 'Jery steep. well dramed so.Is that
tormed In material weathered trom eray and brown shale.
'llutane, and sandstone. on uplands
HAGERSTOWN,DUFFIELD Assoc'allon Deep, nearly I.,el
10 moderately steep, well drained SOlIs that formed In
material weathered trom Ilmutone; on uplands
HAlLETON.LAIDIG.BUCHANAN Assoc,allon: Deep, nearly
level to ...ery sleep, well drained 10 somewhat poorly drained
SOlis thilt formed In maU~rliJl weathered Irom jra)' and
brown QuartzIte. sandstone. sllhlone, and shale: on uplands
MONONGAHELAATKINS,MIDDLEBURY Anoclal,on: D.ep
nearly level and gently sloping. moderately well dramed to
Poorly drained Salls thallormed 10 allUVium; on terrace5 and
!load plalns
MURRILUAIDIGBUCHANAN Assocl.lIon De.p. ne.rly
le...el to moderately sleep. well draIned to somewhat poorly
drained Salls Ihat tormed m collUVium trom gray sandslol"e.
conglomerate. Quartzite. and limestone; on uplands
ATHOL.NESHAMINY Associallon: Deep, gently Slop 109 end
Sloping. well drained soils that tormed in matenal
weathered tram conglomera1e, breCCias, and diabase; on
uplands
HAlLETON.CL YMER ASloe,al,on: De.p, nearly level 10 ,ery
sleep, well draIned Salls that formed in matenal weathered
tram gray sandstone and Quartzlte; on uplands
HIGHFIELD.GLENVILLE ASSOCiation: Deep, nearly I.,ello
moderately steep. well drained to somewhat Poorly dramed
SOlis that formed In material weathered from sthlst and
rhyolite; on uplands
Comp,led 19B3
U,S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL RESOURCES,
STATE CONSERVATION COMMISSION
PENNSYLVANIA STATE UNIVERSITY, COLLEGE OF AGRICULTURE
GENERAL SOIL MAP
CUMBERLAND COUNTY, PENNSYLVANIA
(
Scale 1:2~3,440
o 1 2 3
, I : ~ I
4 Mil"
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4
t I I
8 Km
I
i
So.1 Survoy
148
TABLE 5,--YIELDS I'EII ACHE Of CRU~~ AIm PASTUHE
[Held. aro thoBe thnt can Bo c~pecte,l unrj~r B hl;.tl le'Jel of l'Tlanogemfmt. Ab:Hmce of . yield f1guro lndicates
thRt tho lSoH 1. not sut tl~J l" tt)l~ crop or '..1\1' cr'Jp ~\.'nerally In nol ~rown on the noli ]
Soli name .nd \corn 1S11age\ Gruas-
map lIymbol Corn CatlS Wheat Alfalfa hay legume hay Pasture
lli! 12!! lli! lli! !2!! ~ A X.
AbB----------------------- 100 \ 20 70 40 3.5 3.U 5.5
AlbrlghU
AbC----------------------- 90 \ 16 65 40 3.5 3.0 5.5
Albrlghts
AgA----------------------- 125 \ 25 75 45 5.0 3.5 6.5
Allegheny
AgB----------------------- 115 I 23 75 45 5.0 3.5 6.5
Allogheny
AnB----------------------- H5 17 60 2.5 5.0
Andover
AoB----------------------- \
Andover
AtB----------------------- 135 \ 27 HO 50 5.5 j.5 6.5
Athol \
AtC----------------------- 125 25 75 45 5.0 3.5 6.5
Athol I I
A~~h~i--------------------\ 110 \ 22 65 40 4.5 3.0 5.5
Aw------------------------ 100 I 20 60 3.0 5.5
Atkins I
Bb------------------------ 120 \ 24 HO 45 4.5 3,5 6.5
Barbour
Be------------------------ 120 I 24 80 45 4.5 3.5 6.5
BaBher \
BdB----------------------- 130 26 75 50 5.0 3.5 6.5
Bedlngton
BdC----------------------- 120 24 70 45 4.5 3.5 6.5
Bed1ngton
BdO----------------------- 105 21 60 40 4.0 3.0 5.5
Bedlngton
BoB----------------------- 80 16 60 35 3.5 3.0 5.5
Berks \
BeC----------------------- 75 15 55 35 3,0 2.5 5.u
Berka
BeO----------------------- 70 14 50 30 3.0 2.5 5.0
Berka
BhB----------------------- 5.0
Berks
BhO----------------------- 4.5
Berka
BoA----------------------- 140 2H 80 50 5.0 3.5 6.5
( Blrdsboro
Soo footnote at end of table.
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LIMITED PARTNERSHIP AGREEMENT
OF
PHEASANT HILL FARM L.P.
,.
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.._~.._..._._..--- ~ .
...-.-.--------- "'-".--~ '.
_ h"__"_W__' -.. ..
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ARTICLE I
1.1.
1.2.
1. 3.
1.4.
1. 5.
ARTICLE II
2.1.
2.2.
2.3.
2.4.
2.5.
2.6.
2.7.
2.8.
2.9.
2.10.
ARTICLE III
3.1.
3.2.
3.3.
3.4.
3.5.
3.6.
ARTICLE IV
4.1.
4.2.
4.3.
4.4.
4.5.
4.6.
4.7.
4.8.
4.9.
4.10.
4.11.
4.12.
Management . . . . . . . . . . .
Time Devoted by General Partners
Conflicts of Interest . . . .
Powers of the General Partners
Restrictions on Powers . . . .
ExpUlsion of a Limited Partner .
Removal of a General Partner . .. .
L~~~i:ki~y=-:.-. . -, . "=~'=','= ~ ~",::~_' =.'.' :":'"0--' ......- ..:~ ~=. .~~-=-=.8--:~
Indemnification of Partners . . 8
Indemnification in General . . 8
Divorce . ., ...... ., 8
Lawsuits . . . . . . . . . . . 8
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PHEASANT HILL FARM L.P.
LIMITED PARTNERSHIP AGREEMENT
TABLE OF CONTENTS
BASIC STRUCTURE
Formation . . .
partnership Name . .
Business and purpose . . .
principal place of Business
Term. . . . . . . I .
FINANCIAL ARRANGEMENTS . . .
Initial Capital contributions .
Additional Capital contributions
Return of capital contributions . .
No Interest on Capital contributions
Nature of Interests . . . . . . . . . .
Partners' Share of the profits and Losses .
Limitation on Liability for Limited Partners
Rights of priority . . . .
Distribution of Profits . . .
Salary to General Partners . .
.
.
ACCOUNTING FOR THE PARTNERSHIP
Capital Accounts .
Drawing Accounts .
Accounting Year . .
Method of Accounting
Books and Records
Annual Statements
.
ADMINISTRATIVE PROVISIONS
.
.
1'M.e.
1
1
1
1
1
. 2
2
2
2
2
2
2
2
2
3
3
3
3
3
3
4
4
4
4
5
5
5
5
5
7
7
. 7
.
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ARTICLE V
5.1.
5.2.
5.3.
5.4.
5.5.
5.6.
ARTICLE VI
6.1-
6.2.
6.3.
6.4.
6.5.
6.6.
6.7.
6.8.
6.9.
6.10.
ARTICLE VII
7.1.
7.2.
7.3.
7.4.
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MEETINGS OF PARTNERS . . . .
8
8
9
9
9
9
9
Annual Meeting of Partners .
special Meeting of Partners . . . .
Voting at Annual and special Meetings
No Meeting or Vote Required if Written Consent
General partner Meeting . . . .
Telephone Conference . . . . . .
TRANSFER OF PARTNERSHIP INTEREST
9
10
10
12
13
13
13
13
13
Transfers . . . .
Events of Default
Effect of Default
Sale . . . . . . .
Assignment . . . .
Transfer of General Partner Interest
Death or Incompetency of a Limited Partner
cessation of a Legal Entity . . . . . . .
Restriction on Transfer because of Tax Effect
Restriction on Transfer because of Securities
14
Laws. . . . . . . . . . . .
14
SUBSTITUTED LIMITED PARTNER
14
14
14
15
conditions . . . . . . . . . . .
Amendment only Required Quarterly
consent Not Required
voting Interests
15
.
.
ARTICLE VIII DISSOLUTION
8.1.
8.2.
8.3.
8.4.
8.5.
8.6.
ARTICLE IX
9.1.
9.2.
,7..= :!;l.,3.
9.4.
9.5.
. .
Dissolution of Limited Partnership
Non-Termination of partnership . .
Liquidation of Assets . . . . . .
Winding Up the partnership . . . . . . .
Gains or Losses in Process of Liquidation
Right to Demand property
POWER OF ATTORNEY
15
16
16
16
16
17
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In~.e:r~~_;=-:: ..-.-:....--::. ,=. ~-_!:::-. p'
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17
17
.. 1_8== =
18
18
Documents .. . .
property and Claims .
powers~~oupl~~=~l~han
Assignment . . . . . . .
Notice . . . . . . . .
.
. .
. . . . . . . . . .
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ARTICLE X MISCELLANEOUS . . . . 18
10.1. Execution in counterparts 18
10.2. Sole Agreement 18
10.3. choice of Law . . 18
10.4. Severability . . . 18
10.5. Agreement Binding . . 18
10.6. Titles and subtitles . 19
10.7. Words and Gender or Number 19
10.8. Partner . . . . . . . 19
10.9. Partnership Interest 19
10.10. Amendments . . . . 19
10.11. opinion of Counsel 19
10.12. Notice . . . . . . 19
10.13. Waiver in General . . . . 20
10.14. Waiver of Action for Partition . 20
10.15. Arbitration 20
10.16. Validity . . . . . . . . . 20
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LIMITED PARTNERSHIP AGREEMENT
OF
PHEASANT HILL FARM L.P.
This
of the
following
Limited partnership
day of
General Partners:
Agreements made and entered into as
, 19___, by and among the
Edward W. Erne, Jr.
patrick M. Erne
and the following Limited Partners:
Mary B. Erne
Elaine M. Erne
In consideration of the mutual covenants herein, the parties
hereby form a Limited Partnership upon the following terms and
conditions:
ARTICLE I
1.1.
Partnership
partnership
Formation.
pursuant to
Act.
BASIC STRUCTURE
The parties hereby form a Limited
the pennsylvania Revised Uniform Limited
1.2. Partnership Name. The business of the Partnership
shall be conducted under the name of PHEASANT HILL FARM L.P.
1.3. Business and purpose. The business and purpose of
the partnership shall be to engage the business of owning and
farming real estate, and in any other lawful act or activity in
which a partnership may engage, including, but without limitation
to engage generallY in any and all phases of the business of
owning, holding, managing, controlling, acquiring, purchasing,
disposing of or otherwise dealing in or with any interests or
rights in any real or personal property, directly or through one
or more other partnerships or other entities or arrangements.
1.4. principal Place of Business. The principal place of
.~lis.triElf~si:l.f~,the partnersh~p~s,liaJ.l.:: be at 166,s::.Q.~iJ3'::Bdg~::RQad" , -=,=-
Enola, CUmberland county, pennsylvania, or at such other place as
the General Partners may from time to time designate.
~. ---..------.......--- -- - -----.--------...-- .------
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1.5. Term.
first above written
as herein provided.
The partnership shall commence on the date
and shall continue until terminated by law or
ARTICLE II
FINANCIAL ARRANGEMENTS
2.1. Initial caoital contributions. The initial capital
contributions of the Partners are shown on the attached
Schedule "A". The percentage interests express the share of
property shown on said attached schedule "A" contributed by and
for the partners. The initial percentage share of capital of
each Partner is therefore as follows:
GENERAL PARTNERS:
INITIAL PERCENTAGE
SHARE OF CAPITAL
Edward W. Erne, Jr.
Patrick M. Erne
1%
1%
LIMITED PARTNERS:
Mary B. Erne
Elaine M. Erne
97%
1%
2.2. Additional caoital contributions. There shall be no
additional capital contributions to the capital of the
Partnership unless otherwise agreed to in writing by all of the
Partners. A Partner may assign his or her own interest to others
but only as herein provided.
2.3. Return of caoital contributions. Each Partner
irrevocably waives any statutory, equitable or other rights he or
she may have to withdraw or demand the return of his or her
capital contribution except as provided herein.
2.4. No Interest on caoital contributions. capital
contributions to the partnership shall not bear interest.
'j
2.5. Nature of Interests. All property owned by the
Partnership, whether real or personal, tangible or intangible,
shall be deemed to be owned by the partnership as an entity. No
Partner shall have any direct ownership of any Partnership
property.
2 . 6:,,_~_ partners' Share. of the, prof,i ts and Losses:.Jaoh::':,,::-:
Partner shall share in the profits and losses of the partnership
according to their respective percentage share of capital.
2.7. ~imitation on Liabilitv for Limited Partners. No
Limited Partner shal~ ~~~s~nallY be liable_~~~.~y of the debts
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or losses of the Partnership beyond such Partner's capital
interest in the Partnership.
2.8. Riqhts of Prioritv.
individual Partners shall have no
other as to the return of capital
Except as herein provided,
right to any priority over
contributions.
the
each
2.9. Distribution of Profits. Distributions to the
Partners of net operating profits of the Partnership shall be
made at least annually except that earnings may be retained by
the Partnership and transferred to Partnership capital for the
reasonable needs of the business as determined in the sole
discretion of the General Partners. Distributions as made shall
be made to the Partners simultaneously.
Net operating profit for any accounting period shall mean
the gross receipts of the Partnership for such period, less the
sum of all cash expenses of operation of the partnership, and
such sums as may be necessary to establish a reserve for
operating expenses.
2.10. Salarv to General Partners. Annually, the General
Partners shall receive a reasonable salary for services rendered
to the Partnership, which shall be in addition to their
respective share of Partnership profits. The compensation for
the General Partners shall be reviewed periodically and adjusted
appropriately.
ARTICLE III
ACCOUNTING FOR THE PARTNERSHIP
3.1. Capital Accounts. Separate capital accounts shall
be maintained for each Partner. The capital interest of each
Partner shall consist of all such Partner's contributions to the
capital of the Partnership, plus such Partner's share of
Partnership profits transferred to capital, less distributions to
such Partner in reduction of such Partner's Partnership capital,
and less such Partner's share of Partnership losses if
transferred from such Partner's drawing account.
3.2. Drawinq Accounts. An individual drawing account
shall be maintained for each Partner. All withdrawals, other
than salaries, made by a Partner shall be charged to such
Partner's drawing account. Each Partner's share of profits and
losses shall be;'cr.edited:,orcharged;'til :cSucli:'P.artner's :dX:cud,n9::- '.:. ::: ~
account.
A credit balance of a Partner's drawing account shall
constitute a Partnership liability to that Partner, it shall not
_c..c?,,!stitute, ':!. ~art of such ~a_rtner~s_ c~pi1:..a!. acco~n_t _o~_ such_ _ _ _ __
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Partner's interest in the capital of the Partnership. If, after
the net profit or the net loss of the partnership for the fiscal
year has been determined, a Partner's drawing account shows a
deficit (a debit balance), whether occasioned by drawings in
excess of such Partner's share of Partnership profits or by
charging such Partner for such Partner's share of a Partnership
loss, the deficit shall constitute an obligation of that Partner
to the Partnership to the extent of the Partner's capital
account. However, in no event shall any Limited Partner be
liable for any amount beyond the balance in such Partners capital
account.
payment of any amount owing to the Partnership shall be made
in a manner and time determined by the General Partners. Such
obligations shall not be made payable on demand nor shall
interest be charged thereon above the prime interest rate plus 3
percentage points.
The Partnership's fiscal year
of each year and shall end on
3.3. Accountinq Year.
shall commence on January 1st
December 31st of each year.
3.4. Method of Accountinq.
maintain its accounting records in
accepted accounting principles and
purposes on the cash basis.
The Partnership shall
accordance with generally
shall report for income tax
3.5. Books and Records. The Genera~ Partners shall
maintain the books and records of the partnership at the
principal place of business. Each Partner shall have access to
such books and records and shall be entitled to examine them at
any time during the partnership's ordinary business hours.
3.6. Annual Statements. At the end of the year, the
General Partners shall cause the partnership's accountant to
prepare a balance sheet setting forth the financial position of
the partnership as of the end of that year and a statement of
operations (income and expenses) for that year. A copy of the
balance sheet and statement of operations shall be delivered to
each Partner as soon as it is available. Copies of all income
tax returns filed by the Partnership also shall be furnished to
all Partners.
Each Partner shall be deemed to have waived all objections
to any transaction or other facts about the operation 9f the
~Pai.tiiei'liliJ.p, dis'c1osid":jji~tne~ baranee sheet~ s.ta.teme~~~=,:' ~ '':,-,-:~
operations and income tax returns unless he or she shall have
notified the General Partners in writing of his or her objections
within thirty (30) days of the date on which each such document
is mailed.
.. .._-- -- -'---'-- .. .
.- -.. -..... - .---- .- -- _.._. - -- - - - _.. -. - -. -- -.. .._" _. - - .-
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ARTICI,E IV
ADMINISTRATIVE PROVISIONS
4.1. Manaqement. The business of the Partnership shall
be under the exclusive control of the General Partners who shall
act by a majority vote in all business affairs. For these
purposes each General Partner shall have one vote. The Limited
Partners shall not participate in the management of the business
of the Partnership.
4.2. Time Devoted bv General Partners. The General
Partners are required to devote to the busines~ of the
Partnership such time as is reasonable and prudent.
4.3. Conflicts of Interest. Partners may engage in or
possess interests in other business ventures of every kind and
description for their own accounts. Neither the Partnership nor
any of the Partners shall have any rights by virtue of this
Agreement in such independent business ventures or to the income
or profits derived therefrom.
4.4. Powers of the General Partners. The General
Partners shall have the authority to exercise the powers
reasonably necessary in order to pursue the Partnership's
purposes including, but not limited to, the following:
a. To engage in farming activities with respect to
the property located at 1665 Orrs Bridge Road, Enola,
Pennsylvania.
b. To obtain, sell, convey, mortgage, encumber,
lease, exchange, pledge, partition, plat, subdivide, improve,
repair, surrender, abandon or otherwise deal with or dispose of
any and all real property of whatsoever character and wheresoever
situated at such time or times and in such manner and upon such
terms as the General Partners deem expedient and proper. To give
options therefore, to execute deeds, transfers, leases, pledges,
mortgages, and other instruments of any kind. Any leases and
contracts may extend beyond the term of the Partnership.
c. To acquire any personal property for the use of
the Partnership.
d. To purchase, invest in, or otherwise acquire,
and .to.;~t'ain:s, any and an~~t~qR~-';:-,lio.i)ds', ~ no~!iis7, c:~ft=oflier==-_~:~.'~':'P
securities, or any variety of real or personal property,
including stocks or interests in investment trusts and common
trust finds operated and managed by a corporate trustee.
_4_ __.. _. _ _ ._ ___ _.._. - ___ - -.~ ----
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e. To sell, transfer, assigns convey, lease,
exchange, or otherwise dispose of any or all of the assets of the
partnership upon such terms and conditions as the General
Partners deem advisable, including a deferred payment sale or an
exchange for other assets of any kind.
f. To place record title to, or the right to use,
Partnership assets in the name of a General Partner or the name
of a nominee for any purpose convenient or beneficial to the
Partnership.
,.,
g. To open and to close checking accounts, savings
accounts and safety deposit boxes in banks or similar financial
institutions, with or without indication of any fiduciary
capacity. To deposit cash in and withdraw cash from such
accounts and boxes, with or without any indication of any
fiduciary capacity. To hold such accounts and securities in
bearer forms or in the name of a General Partner or in the name
of a nominee, with or without indication of any fiduciary
capacity.
h. To borrow money upon terms acceptable to the
General Partners from any person or entity, to pledge or mortgage
any property as security therefore and to renew any indebtedness
incurred by the General Partners.
i. To employ brokers, consultants, attorneys,
accountants, architects, engineers, property managers, leasing
agents and other agents, persons or entities deemed appropriate
to the conduct of the Partnership business, including, without
limitation, a General Partner, any persons or entities related to
a General Partner, or in which a General Partner has an interest.
j. To adjust, arbitrate, compromise, sue, defend,
settle, abandon or otherwise deal with any and all claims in
favor of or against the Partnership.
k. To acquire and enter into any contract of
insurance which the General Partners deem necessary and proper
for the protection of the Partnership, for the conservation or
its assets, or for any purpose convenient or beneficial to the
Partnership.
1. To execute and deliver on behalf of the
Partnership such documents or instruments as the General Partners
deem ,appi'opr~ra..t1!.ln~the conduct j:iJ::: t,hEl_-,li'ai;.thership :Dj~~i~rij!,it~..!.-":;;~9-~'.-:-':'~'
person, firm or corporation dealing with the Partnership shall be
required to inquire into the authority of the General Partners to
take any action or make any decisions.
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m. To make employment contracts, to pay pensions
and to establish pension and other incentive plans of any or all
of its employees.
n. To establish, invest and maintain reserves for
the benefit of the Partnership in such amounts as the General
Partners, in their sole discretion, shall determine, and to
expend such reserves in such amounts and for such purposes as the
General Partners shall determine.
4.5. Restrictions on Powers. No Partner, without the
consent of all the other Partners, shall:
a. Do any act in contravention of this Agreement.
b. Do any act which would make it impossible to
carryon the ordinary business of the Partnership.
c. Confess judgement against the Partnership.
d. possess partnership property, or assign his or
her interest or rights in specific Partnership property for other
than a partnership purpose.
4.6. EXDulsion of a Limited Partner. The General
Partners may terminate the interest of a Limited Partner and
expel such Partner for any of the following reasons:
a. For interfering in the management of the
Limited Partnership affairs or by holding themselves out to
others as having the power to act for or bind the Partnership.
b. For engaging in conduct which could result in
the Partnership losing its tax status as a partnership.
c. For engaging in conduct which tends to bring
the Partnership into disrepute or such Partner's interest becomes
subject to attachment garnishment, or similar legal proceeding.
d. For failing to meet any commitment to a General
Partner in accordance with any written undertaking.
In each of the foregoing events, the termination shall not
result in a forfeiture to the Limited Partner of the value of his
or her interest in the partnership at the time of termination.
. '_ __,"._.__._.___'" ._'~' ._._ _.,._h____._ -,---"-----.
_ .. ____._.__________ __. _ __ ._ ______~ _ _ _. _ _ n. _____.___._____.
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4.7. Removal of a General Partner. A General Partner may
be removed upon the written consent or affirmative vote of
Limited Partners owning 89% of the then outstanding Partnership
interests. However, if the General Partner that was voted to be
removed is the only remaining General Partner, then before such
~ .__ _ _ ___'__'_ .______ _. _.._._~____~u____~_ .-. .' -.-----..--------..
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removal is effective and simultaneously with such removal, a
successor General Partner must be elected by the Limited Partners
owning 89% of the then outstanding Partnership interests.
4.8. Liabilitv. No Partner shall incur any liability for
any mistakes or errors in judgement made in good faith and in the
exercise of due care in connection with the Partnership business.
No Partner shall be deemed to have violated any of the provisions
of this partnership Agreement for any such mistakes or errors in
judgement.
4.9. Indemnification of Partners. The partnership shall
promptly indemnify each Partner for payments reasonably made and
personal liabilities reasonably incurred by such Partner in the
ordinary conduct of partnership business or for the preservation
of its business or property.
4.10. Indemnification in General. The Partnership shall
indemnify, to the full extent permitted by law, any person who is
made, or threatened to be made, a party to any action, suit or
proceeding (whether civil, criminal, administrative or
investigative) by reason of the fact that such person, or his or
her testator or interstate, is or was a General Partner, employee
or agent of the partnership or serves or served any other
enterprise at the request of the Partnership.
4.11. Divorce. The Partnership shall not be terminated by
the divorce of a Partner.
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4.12. Lawsuits. The partnership shall not be terminated
by a lawsuit against the partnership or a Partner.
ARTICLE V
MEETINGS OF PARTNERS
'.
5.1. Annual Meetina of Partners. Annual meetings of
Partners, if actually held, shall be held on such date and at
such time as shall be designated from time to time by the General
Partners and stated in the written notice of the meeting. At the
meetings the Partners shall transact such other business as may
properly be brought before the meeting.
, .
5.2. soecial Meetina of Partners. special meetings of
the Partners, for any purpose or purposes, may be held by waiver
, of::-ii6tiee.:a:rid, consent -an'd-'sh-all":lJe-caIled 1!Y.:t:.ne- uenetaJ. 1"'liytners - ,
at-the'.W'ri ften request-Of. partneI:s 'Ownfng not las's than-ten" - - -
percent (10%) of the entire capital or profit interest of the
Partnership. Such request shall state the purpose or purposes of
the proposed meeting.
-. - -_.-.-- ~._--- _.._.._-~--_.-_.__..._.-._-_..... .-.--
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Business transacted at a special meeting of the Partners
shall be limited to the purposes stated in the written notice
unless all of the Partners agree to do otherwise.
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5.3. Votinq at Annual and Special Meetinqs. All Partners
shall have the right to vote at the annual meeting and any
special meetings concerning business which may properly be
brought before the meeting according to their respective
percentage share of capital interest. Except as otherwise set
forth herein, a majority of such capital shall control.
5.4. No Meetinq or Vote Required if Written Consent.
Whenever the vote of the Partners at a meeting is required or
permitted to be taken, the meeting and vote of the Partners may
be dispensed with if the written consent to such action is
obtained from Partners having no less than the minimum percentage
of the vote required of such action.
. .
5.5. General Partner Meetinq. The General Partners may
hold meeting, both regular and special, either within or without
the state of the Partnership's principal place of business.
Regular meetings of the General Partners may be held without
notice at such time and at such place as shall from time to time
be determined by the General Partners. Special meeting of the
General Partners may be called by a General Partner on one (1)
day's notice to each General Partner, either personally or by
mail or by telegram.
At all meetings of the General Partners, a majority of the
General Partner shall constitute a quorum for the transaction of
business and the act of a majority of the General Partners
present at any meeting at which there is a quorum, shall be the
act of the General Partners. Any actions required or permitted
to be taken at any meeting of the General Partners, may be taken
without a meeting if the General Partners who have the necessary
vo~es to take such action consent in writing.
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,", 5.6. Telephone Conference. Partners may participate in a
meeting by means of telephone conference or similar
communications equipment. All persons participating in a meeting
pursuant to such equipment shall constitute presence in person at
such meeting.
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ARTICLE VI
~, ':'_-" _..,TIDillSFER-OF PARTnr03R!1>-lNTERE'ST
6.1. Transfers. The Partners shall not sell, assign,
pledge, or otherwise transfer or encumber in any manner or by any
means whatever, their share in all or any part of their interests
of the partnership now owned or after acquired to a non-partner,
. .'_ ____._ ____._._ .." .~ _.. _. __ _ _ ._ _. _ _ .._ ~ _ _ _ ~.. _ _ _ _ .. _ 4"
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without having first obtained the consent of or offered such
share to the other Partners and to the Partnership in accordance
with the terms and conditions of this Agreement.
6.2. Events of Default. The following events shall be
deemed to be default by a Partner:
a. The violation of any provision of this
Agreement and failure to remedy or cure that violation within ten
(10) days after written notice from either General Partner.
b. The making of an assignment for benefit of
creditors or of an entry of an order for relief under any section
or chapter of the Federal Bankruptcy Code, as amended, or under
any similar law or statute of the United states or any of its
states.
c. The appointment of a receiver for all or
substantially all of the Partner's assets and the failure to have
the receiver discharge within thirty (30) days after the
appointment.
d. The bringing of any legal action against the
Partner by his or her creditor, resulting litigation, that, in
the opinion of a General Partner, creates a real and substantial
risk of inVolvement of the partnership property that will
probably result in: (1) the financial detriment of the other
partners; or (2) the creditor, or the creditors assigned,
succeeding in or to all or part of the interest of the Partner in
the partnership.
6.3. Effect of Default.
a. On the occurrence of an event of default by a
Partner, the other Partners shall have the right to elect to
terminate the interest of the defaulting Partner without
effecting a termination of the Partnership. This election may be
made at any time within one year from the date of that default,
on giving the defaulting Partner ten (10) days' written notice of
the election, providing that default is continuing on the date
notice is given. In the event of termination of the defaulting
Partner's interest, each nondefaulting Partner who voted to elect
the option (the Purchasing Partners) shall be required to
purchase the interest of the defaulting Partner, in the
proportion that his or her interest in the Partnership bears to
~ '."--tlie' aggregate ,..Q!;".the.,..1nterests'ln ,Ehe~~al::.tner:slu.p, of,-aJ,l _"",_,~,____=,;"
Purchasing Partners.
b. The purchase price to be paid to the defaulting
Partner shall be paid in cash or, at the option of the purchasing
Partners, by the ~x~c~tj~n .and,delivery of notes of e~ch, ,
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purchasing Partner, payable to the order of the defaulting
Partner in the amount of the purchase price. 'I'hese notes shall
bear interest at the Applicable Federal Rate pursuant to Code
51274 of the Internal Revenue Code of 1986, as amended, and shall
be payable in fifteen (15) annual installments of principal and
interest, the first installment being payable one year from the
date of execution and delivery of the note. Each note shall
provide for full payment privileges without penalty. The
purchase price to be paid to the defaulting Partner under the
election allowed by the paragraph shall be the fair market value
of the defaulting partner's interest in the partnership. This
purchase price shall be reduced by the aggregate amount of any
outstanding debts of the defaulting partner to the Partnership
and also by all damages caused to the Partnership by the default
of the defaulting Partner.
c. On tender to the defaulting partner of the cash
or note from the purchase defined in b. above, or if no payment
is due on the date the purchase price is determined, the
defaulting Partner shall have no further interest in the
partnership or its business or assets and the defaulting Partner
shall execute and deliver any assignments and other instruments
that may be reasonable to evidence and fully and effectively
transfer the interest of the defaulting Partner to the
nondefaulting Partners. If the appropriate instruments are not
delivered, after notice by a General Partner that the purchase
price is available to the defaulting Partner, the General partner
may tender delivery of the purchase price to the defaulting
Partner and execute, as the defaulting partner's irrevocable
agent, any legal instruments to the appropriate continuing
Partners. All parties agree that a General Partner shall not
have any individual liability for any actions taken in this
connection.
d. No assignment or transfer of a defaulting
partner's interest as provided in this Agreement shall relieve
the defaulting Partner from any personal liability for
outstanding indebtedness, liabilities, liens, or obligations
relating to the partnership that may exist on the date of the
assignment or transfer. Default of any Partner under this
Agreement shall not relieve any other partner from his, her, or
its agreements, liabilities and obligations under this Agreement.
A defaulting Partner's interest in the partnerShip shall not be
considered in any Partnership voting requirement.
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. ~"~___ __.~ ".. "~... . ~t;aql1'::'~~rt:neL!!I~:g~!l,- qon~1<.l.tut:es~~nC1=l!PIl.Qtl}~
both General Partners as the partners' attorneys-in-fact in the
event that the Partner becomes a defaulting partner whose
interest in the partnership has been foreclosed in the manner
provided herein. On foreclosure, the General partners are
authorized and allowed to execute and deliver a full assignment
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or other transfer or the defaulting Partner'D interest in the
Partnership and the General Partners shall have no liability to
any person for making the assignment or transfer.
f. Within ten days after an appraisal of the value
of an interest in the Partnership is required under any
provisions of this Agreement, two appraisers shall be selected,
one by each opposing party, whether consisting of a group of
Partners or an individual Partner. If either party fails to name
an appraiser within the specified time, the other party may
select a second appraiser. The two appraisers selected shall
proceed promptly to determine the fair market value of the
Partnership interest, including a fair market valuation of the
interest in equity in the Partnership of the Partner in question
and taking into consideration any outstanding indebtedness,
liabilities, liens and obligations relating to the Partnership
property. The joint determination of the fair market value by
the two appraisers shall be final and binding on all parties. If
the two appraisers selected are unable to agree on the fair
market value, the two appraisers shall select a third appraiser
whose determination as to the fair market value shall be averaged
with the appraisals of the other two appraisers. The average of
the three appraisals shall be conclusive evidence as to the fair
market value and shall be final and binding on all parties. The
appraisers shall deliver a written report of their appraisal to
the General Partners who shall provide copies of the report to
all interested parties.
6.4. ~. A Partner may sell his or her Partnership
interests but only after such Partner has first offered it to the
Partnership and the other Partners as follows:
a. The Partner shall give written notice to the
Partnership that such Partner desires to sell his or her
interest. The Partner shall attach to that notice the written
offer of a prospective purchaser to buy the interest. This offer
shall be complete in all details including the purchase price and
terms of payment. The Partner shall certify that the offer is
genuine and in all respects what it purports to be.
b. For one hundred twenty (120) days from receipt
of the written notice from the Partner, the Partnership shall
have the option to retire the interest of the Partner at the
price and on the terms contained in the offer submitted by the
Partner.
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c. If the Partnership does not retire the interest
of the Partner, then the other Partner shall have the option to
acquire such Partner's interests at the price and on the terms
contained in the offer submitted by the Partner. The Partners
who exercise this option may acquire such Partner's interest in
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proportion to their respective capital interests, unless they
otherwise agree to a different percentage, within sixty (60) days
after the termination of the Partnership's option to buy.
d. If neither the Partnership nor any of the
Partners exercise the option to acquire such Partners interests
the Partner shall be free to sell his or her Partnership interest
to the said prospective purchaser of the prices and on the terms
contained in the certified of her submitted by the Partner.
~,
6.5. Assianment. Except as herein provided, a Partner
shall not assign his or her Partnership interest. However, a
Partner may assign his or her Partnership interest to other
Partners without the consent of any other Partner.
6.6. Transfer of General Partner Interest.
transferee of a general partnership interest shall
interest in the capacity of a Limited Partner.
The
acquire such
6.7. Death or Incompetencv of a Limited Partner. Upon
the death or legal incompetency of an individual Limited Partner,
such Partner's authorized representative shall have all of the
rights of a Limited Partner for the purpose of settling or
managing such Partner's estate. The authorized representative
shall have such power as the decedent or incompetent possessed to
assign such Limited Partner's interest in the Partnership to an
assignee and to join with such assignee in making application to
substitute such assignee as a Limited Partner.
6.8. Cessation of a Leqal Entitv. Upon the bankruptcy,
insolvency, dissolution or other cessation to exist as a legal
entity, of a Limited Partner not an individual, the authorized
representative of such entity shall have all the rights of a
Limited Partner for the purpose of effecting the orderly winding
up and disposition of the business of such entity. The
authorized representative shall have such power as such entity
possessed to assign such interest of the entity in the
Partnership to an assignee and to join with such assignee in
making application to substitute such assignee as a Limited
Partner.
6.9. Restriction on Transfer because of Tax Effect. No
Limited Partner or other person who has become the holder of
interest in this Partnership shall transfer, assign or encumber
all or any portion of such interest in the Partnership during any
. t;lsc:a~-year,_it.~suCIL.1;raIls!e.r,. assignment "oJ:.._enC!lmbr_a!:1ca"wou~q,,= .lJ1
the sole discretion of the General Partners, result in the
termination of the Partnership for purposes of the then
applicable provisions of the Internal Revenue Code of 1986, as
amended.
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6.10. Restricti_on on Transfer because of Securities Laws.
No Limited Partner for other person) who has become the hOlder of
interest in tho Partnership, shall transfer, assigns or encumber
all or any portion of such interost in the Partnership Unless
such Partner has obtained the prior written consent of the
Director of the Securities Commission if required under the
Commission's rules, and the written opinion of counsel for the
Partnership that the transfer will not violate any federal or
state securities laws.
ARTICLE VI:(
SUBSTITUTED LIMITED PARTNER
7.1. Conditions. No assignee or transferee of the whole
or any portion of a Limited Partner's interest in the Limited
Partnership shall have the right to become a substituted Limited
Partner in place of such Partner's assignor unless all of the
fallowing conditions are satisfied:
a. The General Partners, in their sole and
absolute discretion, have consented in writing to the admission
of the assignee as a substituted Limited Partner.
b. The fully executed and acknowledged written
instrument of assignment sets forth the intention of the assignor
that the assignee become a substituted Limited Partner and the
assignment has been filed with the Limited Partnership.
c. The Limited Partnership interest being acquired
by the assignee consists of all of the assigning Limited
Partner's interest.
d. The assignor and assignee execute and
acknowledge such other instruments as the General Partners may
deem necessary or desirable to effect such admission, including
the written acceptance and adoption by the assignee of the
provisions of this Agreement and such assignee's execution,
acknowledgement and delivery to the General Partners of a Power
of Attorney, the form and content of which shall be provided by
the General Partners.
7.2. Amendment Onlv Reauired Ouarterlv. The General
Partners will be required to amend the Agreement of Limited
Partnership only quarterly to reflect the substitution of Limited
~ srs...... n B-. ream m1. e 0.... _
amended, an--assi~jnee shalf" not be"come a- "substituted Limited-- ".
Partner.
7.3. Consent Not Reauired. No consent of any of the
Limited Partners is required to effect the substitution of a
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Limited Partner, except that a Limited Partncr who assigns his or
her interest must evidcnce his or her intcntion that the assignee
be admitted as a substituted Limited Partner in such Partner's
place and he or she must execute all necessary instruments.
7.4. votina Interests. In the event a vote of the
Limited Partners shall be taken pursuant to this Agreement for
any reasons a Limited Partner shall, solely for the purpose of
determining the number of Partnership interests held by such
Partner in weighing such Partner's vote, be deemed the holder of
any Partnership interests assigned by such Partner in respect of
which the assignee has not become a substituted Limited Partner.
Provided that under no circumstances shall an assignee have such
voting rights.
ARTICLE VIII
DISSOLUTION
8.1. Dissolution of Limited Partnership. The Limited
Partnership shall be dissolved only upon the occurrence of any of
the following events:
a. The expiration of the term of the Partnership.
b. Voluntary dissolution of the Partnership by
agreement of all of the Partners.
c. The written consent or affirmative vote to
dissolve the Limited Partnership of Limited Partners owning more
than 89\ of the then outstanding Partnership interests.
d. The failure to elect a successor General
Partner simultaneously with the removal of the only remaining
General Partner as required herein.
e. The bankruptcy or dissolution of a Corporate
General Partner (except by way of merger, consolidation or
corporate organization or reorganization) or the death,
incapacity or bankruptcy of an individual General Partner when no
other General Partners remain or succeed. Provided, that the
Limited Partners owning more than 50% of the then outstanding
Partnership interests may determine to reform the Partnership and
elect a new General Partner and continue the Partnership's
business. In such events the Partnership shall be dissolved and
.~.L"l"'LO;'.~t:~.sset:fLaIlCC.L"l.abl._ll.t:l.e~~~na",-.L.lJe ~con"t:.J::l.but:eC1. t:o iLJlew==~,. _~ .
Limited Partnership which shall be formed and all the remaining
parties to this Agreement and such new General Partner shall
become parties to such new Limited Partnership.
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For purposes of obtaining the required vote to
reform the Partnership, Limited Partners owning 10% or more of
the then outstanding partnership interests may cause to be sent
to Limited Partners of record a written notice setting forth the
date and purpose of the meeting. Expenses incurred in the
reformation, or attempted reformation, of the Partnership shall
be deemed expenses of the Limited Partnership. For the purposes
of this Section an individual General Partner shall be deemed to
be incapacitated if he or she is disabled and unable to take an
active part in the management of the partnership business for a
continuous period of at least six (6) months.
f. The entry of a dissolution, decree or judicial
order by a court of competent jurisdiction or by operation of
law.
8.2. Non-Termination of Partnership. The Limited
Partnership shall not be terminated by the death, insanity,
bankruptcy, withdrawal or expulsion of any Limited Partner, by
the assignment of any Limited Partner of such Partner's interests
or by the admission of a new Partner.
8.3. Liauidation of Assets. In the event of dissolution
and final termination, the General Partners shall wind up the
affairs of the Partnership and shall sell all the Partnership
assets as promptly as it consistent with obtaining, insofar as
possible, the fair value thereof.
8.4. Windina UP the Partnership. Upon dissolution of the
Partnership, the General Partners shall immediately commence to
wind up and liquidate the Partnership business. The Partners
shall continue to share profits and losses during the period of
liquidation in the same proportions as before dissolution. In
liquidating the Partnership business, the General Partners may
either sell all or part of the Partnership assets and distribute
the proceeds or .may make distributions completely or partially in
kind pro rata or non-pro rata as to specific assets. Such assets
or proceeds therefrom, to the extent sufficient, shall be applied
and distributed in the following order:
a. Payment to creditors of the Partnership, other
than Partners, in the order of priority provided by law.
b. Payment to Partners for unpaid salaries and for
the credit balances in their drawing accounts.
._..__ ..... .... ...., .. _ ..,_._._.._.__._~ '.. ..U'___' _.. _ _
........._.... . -.-.------.-. .- -- _..-
c. Payment to the Partners of credit balances in
their capital accounts.
8.5. Gains or Losses in Process of Liauidation. Any gain
or loss on disposition of partnership properties in liquidation
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shall be credited or charged to the Partners in proportion to
their interest in profits or losses of the Partnership. Any
property distributed in kind in liquidation shall be valued and
treated as though the property were sold and the cash proceeds
were distributed. The difference between the value of property
distributed in kind and its book value shall be treated as a gain
or loss on sale of the property and shall be credited or charged
to the Partners in proportion to their interests in profits and
losses of the Partnership.
8.6. Riaht to Demand Property. No Partner shall have the
right to demand and receive property in kind of his or her
distribution.
III
ARTICLE IX
POWER OF ATTORNEY
9.1. Documents. Each Partner hereby irrevocably
constitutes and appoints each General Partner as his or her true
and lawful attorney, in his or her name, place and stead, to
make, execute, acknowledge and file:
a. Any certificate of Limited Partnership or other
instrument which may be required to be executed or filed by the
Partnership or which the General Partners shall deem advisable to
execute or file.
b. Any and all amendments or modifications to the
instruments described herein.
c. All documents which may be required to
effectuate the dissolution and termination of the Partnership.
9.2. prooertv and Claims. Each Partner does hereby
appoint the first named General Partner as his or her true and
lawful attorney, in his or her name, place and stead, to do the
following:
a. To purchase, deal with property and to mange
the same including, without limitation, to sign, deliver or
record all deeds, contracts of sale or other instruments
conveying title to the property, either in the names of the
Partners or in the name of the Partnership.
and
her
D. "~o.estalJl..1.Sh. lJanK accoullts. 1: or. the PartnerShl.p.
to deposit and withdraw funds therefrom, solely upon his or
signature.
r="""._.....-........_....::..=
c. To demand, sue for, levy or recover all sums of
money, debts, rents or other demands or claims of any nature
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whatsoever which are or shall be due the Partnership in such
manner as a General partner shall determine to be advisable.
9.3. Powers Coupled with an Interest. Each Partner
expressly agrees and intends that the foregoing powers of
attorney are coupled with an interest.
9.4. Assionment. The foregoing powers of attorney shall
survive the delivery of an assignment by any of the partners of
the whole or any portion of his or her Partnership interests.
9.5. Notice. From time to time, the General Partners
may, at their sole discretion, send notice to the Partners of
actions taken. If objection is not received by the General
Partners within thirty (30) days of said notice, then said action
shall be binding upon all of the partners.
ARTICLE X
MISCELLANEOUS
10.1. Execution in Counterparts. This Agreement may be
executed in any number of counterparts with the same effect as if
all Parties had all signed the same document. All counterparts
shall be construed together and shall constitute one agreement.
Each Party shall become bound by the agreement immediately upon
affixing his or her signature hereto, independently of the
signature of any other party.
10.2. Sole Aareement. This Agreement and the exhibits
hereto constitute the entire understanding of the Parties with
respect to the subject matter hereof and supersede all prior
agreements and understanding pertaining thereto.
10.3. Choice of Law. This Agreement and all rights and
liabilities of the Partners, assignees, substituted limited
partners, the Partnership and the assets of the Partnership shall
be subject to and governed by the internal laws of the
Commonwealth of Pennsylvania -- not the laws pertaining to choice
or conflict of laws.
10.4. Severabilitv. If any provision of this Agreement,
or the application thereof, shall, of any reason and to any
extent, be invalid or unenforceable, the remainder of this
Agreement and the application of such provision to other persons
--.- --:-or . c1rcums_tanc.eJi J;;!li1.l1_not_be~aU:"~cJ;"e_cLt_h~):"~bY , _ but; rattier shaU~__
be enforced to the maximum extent permissible under applicable
law.
10.5. Aareement Bindina. This agreement shall be binding
upon the parties hereto and upon their heirs, executors,
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administrators, successors or assigns, and the parties hereto
agree for themselves and their heirs, executors, administrators,
successors and assigns to execute any and all instruments in
writing which are or may become necessary or proper to carry out
the purpose and intent of this Agreement.
10.6. Titles and Subtitles. Titles of the articles,
paragraphs and subparagraphs are placed herein for convenient
reference only and shall not to any extent have the effect of
modifying, amending or changing the express terms and provisions
of the Partnership Agreement.
10.7. Words and Gender or Number. As used herein, unless
the context clearly indicates the contrary, the singular number
shall include the plural, the plural the singular, and the use of
any gender shall be applicable to all genders.
10.8. Partner. Unless the context requires otherwise, any
reference to a General Partner shall include all General Partners
and any reference to the General Partners shall mean any General
Partner. Any reference to Partner shall include both General
Partners and Limited Partners.
10.9. Partnership Interest. Unless the contest requires
otherwise, any reference to an interest in the Partnership shall
mean the capital interest in the Partnership.
10.10. Amendments. Except with respect to vested rights of
the Partners, this Partnership Agreement may be amended at any
time by an 89% vote as measured by the interest in the sharing of
profits and losses. A copy of any amendment shall be promptly
mailed or delivered to each Partner at such Partner's last known
address.
10.11. Opinion of Counsel. The doing of any act or the
f~ilure to do any act by any Partner (the effect of which may
cause or result in loss or damage to the Partnership) if pursuant
tp.opinion of legal counsel employed by the General Partners on
behalf of the Partnership, shall not subject such Partner to any
liability. Further, the General Partners shall not be liable for
any error in jUdgement or any mistake of law or fact or any act
done in good faith in the exercise of powers and authority
conferred upon theme but shall be liable only for gross
negligence or willful default.
."" -" ~..10.12.. "Notice~ _An~ and all notices_prOYidecLforJ1er.ein_ _ _ __
shall be given in writing by first class mail. The notice shall
be addressed to the last address known to the sender or delivered
to the recipient in person. Notice of a meeting shall be mailed
not less than ten (10) nor more than sixty (60) days before the
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SCHEDULE "A"
Attached to PHEASANT HILL FARM L.P. LIMITED PARTNERSHIP
AGREEMENT dated the day of , 19___.
1. The following real estate subject to the encumbrances
owed thereon to wit:
ALL THAT CERTAIN tract of land situate in the Township of
Hampden, County of Cumberland and State of Pennsylvania,
more particularly bounded and described as follows, to-wit:
BEGINNING at a stake in the public road at the junction
of the line of lands of S.B. Moore and Ralph Earley;
thence along said Moore lands, South 28 degrees 30
minutes West, 320 feet to a point; thence by the same
South 16 degrees 14 minutes East, 38.6 feet to a point;
thence along lands now or late of H.W. Arnold, and
along the center line of a private driveway, south 76
degrees 34 minutes West, 535.07 feet to a point; thence
by the same, South 64 degrees 18 minutes West, 263.16
feet to a point; thence by the same, South 88 degrees
45 minutes west, 659.33 feet to a point; thence by the
same, South 87 degrees 17 minutes West, 553 feet to a
point at line of lands now or late of W.L. Kile; thence
by said Kile lands, North 08 degrees 24 minutes West,
806.65 feet to a point at line of lands of E.E.
Eslinger; thence by said Eslinger lands, North 80
degrees 19 minutes East, 1059.3 feet to a black oak;
thence by the same, North 47 degrees 04 minutes East,
205 feet to a stake; thence by the same, North 17
degrees 45 minutes West, 409.2 feet to a stake; thence
North 32 degrees East, 99 feet to a hickory; thence due
East, 306.9 feet to an oak tree; thence South 81
degrees 25 minutes East; 610.53 feet to a stake at line
of lands now or late of Ralph Earley; thence along said
Earley lands, South 18 degrees 30 minutes East, 342.8
feet to a stake; thence by the same, South 40 degrees
30 minutes East, 543 feet to a point in the center line
of the public road aforesaid; thence by said road,
South 58 degrees 15 minutes West, 311.85 feet to a
point, the Place of BEGINNING.
THE FOREGOING. description is in accordance with a
survey made by D.P. Raffensperger, Registered surveyor,
March 7, 1951, showing the area to contain 56.21 acres.
TOGETHER WITH the improvements thereon erected which
include a 1~ story frame dwelling house, frame bank
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barn, one story frame dwelling house, and other
accessory buildings.
ALSO UNDER AND SUBJECT, nevertheless, to the
reservation in favor of Jacob Novinger, his heirs and
assigns, and the owners and occupiers of the lands
abutting said private driveway and adjoining the lands
herein described on the South, in common with the
owners and occupiers of the within described premises,
of the free right of ingress, egress and regress over
the 16 foot private alley now on the ground and
mentioned above, subject to the duty of the above named
Jacob Novinger, his heirs and assigns, and the owners
and occupiers of the tract adjoining to the south,
aforesaid, to maintain the fence along one side of said
right-of-way; said owners and occupiers to have the
right and privilege of putting up a gate at each end of
said right-Of-way.
UNDER AND SUBJECT, nevertheless, to all easements,
restrictions, encumbrances and other matters of record
or that a physical inspection or survey of the premises
would reveal.
BEING the same tract of land which Edward W. Erne with
the joinder of his wife, Mary Bridget Erne, by deed
dated December 26, 1967, being recorded in the Office
of the Recorder of Deeds in and for cumberland county
at Carlisle, Pennsylvania in Deed Book "P", Vol. 22,
page 828, et seq., granted and conveyed to Edward W.
Erne and Mary Bridget Erne, husband and wife, as
tenants by the entireties. The said Edward W. Erne
departed this life August 15, 1994 whereby title to the
above described property vested in Mary Bridget Erne,
the surviving spouse and the Grantor herein.
The above-described real estate is hereby conveyed to said
Pheasant Hill Farm L.P. by Mary B. (Bridget) Erne, Grantor, with
Grantor retaining the obligation to personally pay all
obligations thereon if any presently exist.
- 22 -
Page 2
21-1995-0657
Estate of: Mny B. Erne
Item
No.
SQlEOOLE E __ Cash, Bank D'lposits and Miscellaneoos Personal Ptqlerty
Value at Date
of Death
D'lscription
16 - Net Value $2,601. 77
'fue New Englance Insurance Investrrent
Policy Face J\lrOUllt 40,000
Insured: patrick Erne
Cbntract No.: 8238670 $2,015.32
17 'fue Prudential Life Insurance - Proceeds of Policy on the Life
of Edward W. Erne, Sr.
571. 00
'IUl'AL. (Carry forward to rrain schedule) . . . . . .
571. 00
,,-, ~,-:,.__.,.... ~,,"-:,;..4_~,!'0$..irl. "c:~".;,'"":,, <>
, , .', ~ . . ~.. ,., i,....
[.f~~!~;'
APPRAISAL
l-IARCIl 1996
l-IARY B. ERNE ESTATE
1665 Orr3 Bridge Road
Enola, PA
ITEH
SUNROOH
VALUE
20.00
20.00
150.00
100.00
10.00
Stereo
Shelf Unit
7 Pc. Rattan Furniture
Nordic Track
2 Lamps
DINING ROOH
7 Pc. Dining Room Suite
Black Forest Clock
Depression Stemware
China
Baskets
Spinet Piane
150.00
100.00
25.00
40.00
25.00
100.00
LIVING ROOM
Floor Lamp
Sofa
2 Blue Chairs
Hexagonal Table
2 End Tables
Coffee Table
) Table Lamps
Yellow Chair/Ottoman
Server
Vacuum
10.00
50.00
40.00
25.00
40.00
25.00
)0.00
5.00
25.00
10.00
KERRY PAE AUCTIONEERS
.Auctloneers .Appralsers .Consultants
PENNSYLVANIA: P.O. Box 640, Douphln, PA 17018 . (717) 236.3752
flORIDA 961 Sundrop Court, Marco Island, Fl33937 . (813) 642.95Bl
.ITID1 KITCHEN ~
Sharp Microwave 25.00
GE Refrigerator 100.00
PotG/Pano/diohe3 50.00
DBII
Computer Syotem 150.00
LaGer Printer 100.00
Sofa Bed !IO.OO
Book3 20.00
BookGhelf 10.00
Lamp 10.00
Mantle Clock 20.00
Chair 10.00
Kneehole Desk & Chair 20.00
HALLWAY
Gilt Cesso Mirror 35.00
BEDROOM
Oval Table 200.00
3 Section Bookcase 150.00
Chair 10.00
Dresser 10.00
SECOND FLOOR BEDROOM # 1
2 Single Beds 40.00
Chair 10.00
Bernina 930 Sewing ~mchine 150.00
Dresser 10.00
BEDROO~I # 2
6 Pc. Bedroom Suite 120.00
2 Lamps 10.00
19" Color TV 25.00
Wicker Shelf 10.00
BEDROOM # :3
2 Pine Dressers 20.00
Bed 10.00
Exercycle 10.00
HALLWAY
Buffet 25.00
Fan 5.00
Lamp 5.00
Oak Mirror 20.00
.1
. .
.'
B~;3UI-m
KERRY ALA1I FAE
President/Owner Kerry Pac Auctioneern, Inc.
P.O. Box 6110, Dauphin, 1'A 17018
717-2)6-)752
EDUCATIOlI
Graduate Central Dauphin Eaot HiGh School
Depauw University, Greencaotlc, Indiana
Certificd Auctioncers Institute - Awarded Designation CAI
Past Instructor Harrisburg Area Community College
'.
..
AUCTIOIl EXPERIEIlCE
20 Years full time Auctioneer
Bankruptcy Auctioneer for U.S. Hiddle District Court
Designated Auctioneer for U.S. Small Business Administration
Designated Auctioneer/Appraiser for Resolution Trust' Corporation
18 ~ears as Automobile Auctioneer for:
Chrysler Corporation
General Motors
National Auto Dealers Exchange
Hatfield Auto Auction
Harrisburg Auto Auction
Newburgh Auto Auction
Ford Motor Company
Hertz
Avio .
PA Auto Dealers ~change
Skyline Auto Exchange
Lee County Auto Auction
.
OTHER EXPERIENCE
Testified as an expert witness for Dauphin County District Attorney's
Office and for appraisal work in the Federal Middle District Court.
LICEllSES AND i1EI1BERSHIPS
Licensed and BQnded as Auctioneer in Florida and Pennsylvania since 1975
Licensed Real Estate Broker in Pennsylvania
Past President Pennsylvania Auctioneers Association
Past Secretary/Treasurer Pennsylvania Auctionecrs Ansociation
Past President Certified Auctioneers Institute
Member National Auctioneers Association
Member Pennsylvania Auctioneers Association
Member Florida Auctioneers Association
Hember Ilational Realtors Association
\
"
'"
.,
~
.
"
AWARDS AND OFFICES
,
'"
Stato Champion Auctionoel' 1986
12 Firut Place Mvortiuing Awardu since 1978 ,'.
2 :Jecond Place Allardn in Did Calling Conteot 1980 <<. 1981
Firot Placo in National Hembol'ohip of National Auctioneero Aooociation
Third Place in National Nornberohip of National Auctioneero Aooociation
1985 National Convention Chairman for lIational Auctioneero AOGociation
Chairman Doard of Governoro - Certified Auctioneers Institute
Le!;iulative Chairman l'eoponoible for new Liconne Law in 1984 fer
Commonwealth of Pennnylvania Auctioneers
lIational Chairman of Ethico Committee of Certified Auctioneern Institute
";.."
SOCIAL AlID POLITICAL OHGANIZA'fIONS
Nember Jacob E. HcColly Lodge F &: AN 798 32' Hason in Harrisburg Consistory
Vice Chairman Board of Directoro Dauphin National Bank
Treasurer Independant American Investment Corporation
Past Chairman Middle Paxton Township Board of Supervisors
Former Dauphin County Deputy Coroner
REFEREIICES
Leon P. Haller, Trustee - U.S. Middle District Bankruptcy Court
William King, Former Chairman of Board - Dauphin Deposit Trust Company
Georgia Bear ~ Farmers Bank <<. Trust of Hanover
Dick Johnson ~ Fulton Bank
James Best, Trust Department - PNC Bank
Nancy KlahOld, Vice President - Hamilton Bank Corestates
Richard Bem, Vice President - Johnstown Bank &: Trust Comp~ny
Thomas Ford - Commonwealth of PA Surplus Property Divisiori
City of Harrisburg Bureau of Economic Development
Charles Henery - Safari Club International
.Jeffrey Piccola, Senator
Keith Dalrymple, President - Dauphin National Bank
Sally Klein, Commissioner - County of Dauphin
John Purcell, Attorney
Chris Cicconi, Attorney
J. Joseph Hepford, Attorney
LeRoy Zimmerman, Former Attorney General
James Morgan, Attorney
Walter W. Wilt, Attorney
Jooeph Layman, Attorney
Leslie Handler, Attorney
Charles Schmidt, Attorney
James Ronca, Attorney
Thomas W. Scott, Attorney
Todd Hoover, Dauphin County Judge
Jeanine Turgeon, Dauphin County Judge
.'
., "
;
. ,
REV-l509 EX. (12-00)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE F
JOINTLY-OWNED PROPERTY
ESTATE OF
MaIy B. Erne
Jolnllenln~e):
NAME
ADDRESS
JolnUy-owned property:
I FILE NUMBER
21-1995-0657
RELATIONSHIP TO DECEDENT
LETTER DATE DOLLAR VALUE OF
ITEM FOR MADE DESCRIPTION OF PROPERlY TOTAL VALUE DECD'S DECEDENT'S
NO. JOINT JOINT OF ASSET "INT, INTEREST
TENANT
None
TOTAL (Also onlOl on IIno e. ROC811IIUleUon) S 0.00
(II moro spoco is noodod, Insort oddlUonal shools 01 s.... slzo,)
PA15091
NTF 121eA
COPYflOhl Forma 5011..,. Onlv. 1994 Nelce,lnc. N94PA09,
REV-1510 EX . (2-071
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
SCHEDULE G
TRANSFERS
PLEASE PRINT OR TYPE
FILE NUMBER
Mary B. Erne 21-1995-0657
THIS SCH. MUST BE COMPLETED & FILED IF THE ANSWER TO ANY OF THE QUESTIONS ON THE REVERSE SIDE OF COVER SHEET IS YES.
DESCRIPTION OF PROPERTY DECO. DOLLAR VALUE
ITEM lncludo nD.n1a 01 tho l,on510roo, tholr EXCLUSION TOTAL VALUE % OF DECEDENTS
NO. rolotionshln to docodont, dolo 01 translof. OF ASSET INT. INTEREST
1 Meridian Bank IRA Certificate of 0.00
Deposit #3083603062 dtd 4/09/87
Date of Death Value: $3,259.11
(Primary Beneficiary: Edward W.
Erne, deceased; a:mtingent
Beneficiaries: Elaine M" Patrick
M. andEdwardW. Erne, Jr,)
Interest accrued to date of death 0.00
on above item $45,85
2 Meridian Bank IRA Certificate of 0.00
Deposit #3133641419 dtd 2/04/88
Date of Death Value: $4,359.89
(Primary Beneficiary: Edward W.
Erne, deceased; Cbntingent
Beneficiaries: Elaine M" Patrick
M" andEdwardW, Erne, Jr.)
Interest accrued to date of death 0,00
on above item $123,60
3 Meridian Bank IRA Certificate of 0.00
Deposit #3113543809 dtd 8/08/85
Date of Death Value: $5,416,61
(Primary Beneficiary: Edward W.
Erne, deceased; Cbntingent
Beneficiaries: Elaine M., Patrick
M. and Edward W. Erne, Jr,)
4 Meridian Bank IRA Certificate of 0.00
Deposit #3133640759 dtd 3/06/86
Date of Death Value: $5,299,11
(Primary Beneficiary: Edward W.
Erne, deceased; Cbntingent
Beneficiaries: Elaine M" Patrick
M. and Edward W. Erne, Jr.)
Interest accrued to date of death 0.00
on above item $97.71
5 Meridian Bank IRA Certificate of 0.00
Deposit #3133640742 dtd 3/06/86
Date of Death Value: $4,027,80
TOTAL (Also onlor on Ilno 7. RocaolhJlaUonl S 0.00
(II mora spaco I. noadod, In.o~ addlUono/ shoalS 01 sarno slzo.)
PA16101 NTF 1217A
Copyright Form. Soil"",.,. Only. 1894 NelcD, Inc. N94PAtO'
.."-
Page 2
Estate of: Mazy B, Erne 21-1995-0657
SCJ.IEOOLE G -- Transfers
Decedent I):)llar Value
'lbtal Value Percent of Decedent IS
Description Exclusion of Asset Interest Interest
-
5 (Primary Beneficiary: Edward W.
IIll Erne, deceased; Cbntingent
Beneficiaries: Elaine M" Patrick
M. and Edward W, Erne, Jr,)
Interest accrued to date of death 0.00
on above item $75,64
fit
6 Edward W. Erne, Jr. - Received a U 3,000,00 2,899.61 lOOt 0.00
Interest In Real Estate Which Was
Mazy B. Erne Transferred to the
Pheasant Hill Fann L, p,; Appraised
Value $2,899.61
7 Patrick M, Erne - Received a l% 3,000.00 2,899.61 lOOt 0.00.
Interest In Real Estate Mazy B.
Erne Transferred to the Pheasant
Hill Fann L.P,; Appraised Value
$2,899.61
8 Elaine M. Erne - Received a l% 3,000.00 2,899.61 lOOt 0.00
Interest in Real Estate Mazy B.
Erne Transferred to the Pheasant
Hill Fann L.P.; Appraised Value
$2,899,61
'lOmL. (Cany foIWard to main schedule) . , , . . .
0,00
, ,
R[V-I", n'l'-"I
i
,
I'"
COMMONW[ALT" OJ: I'["'NSYLVANIA
INIURUANC[ TAl H[ rUIlN
R[SIOUH o[cro[,..,
SCHEDULE H
FUNERAL EXPENSES,
ADMINISTRATIVE COSTS AND
MISCELLANEOUS EXPENSES
Pl.... Prlnt 0' Type
FILE NUMBER
21-1995-0657
,
ESTATE OF
B, Erne
ITEM
NO,
A. Fune,el Expenl..:
DESCRIPTION
AMOUNT
'"
See Schedule attached
'"
'Ibtal fran continuation page (s)
B. AdmlnlllraUve COlli:
8,086.98
1.
PorsonoJ Roprosontativo Commissions
Soclel Seeurlty Number 01 Porsanel RoprosonlaUvo;
Yoar Convnlsslons paid
0.00
....
2. Anomoy Foes
3,500,00
3. Family ExompUan
Clelmanl Edward and Partick Erne RolaUanship Sons
3,500.00
Addro.. 01 Clelmanl al deeodonrs doalh
StrOOI Addro.. 1665 errs Bridqe Road
City Enola
Slale PA
ZIp Code 17025
4. Prabalo Foes
340.00
C. Mlscellanoaus Exponsos:
See Schedule attached
'Ibtal fran continuation e(s)
PA15111 NT' 1210
CopyrIght Fo,m, Softw.,. Only. 1994 N.,co, 'nc:. Ng"PAIII
TOTAL Also onlor on line 9. Roc itulatJon
(II maro apacola noodod,lnsartaddlUanal Ihooll olsamo allo.)
$
1,923.54
17 350.52
R[V-15t~n'IIlIl]J
COMMONWEAL '" Of P[NNSnVANIA
INttEnUANCE fAx Il[lUI1N
RESID[Nf DECEDENt
SCHEDULE I
DEBTS OF DECEDENT.
MORTGAGE LIABILITIES AND LIENS
Pi.... Pltnt or
FILE NUMBER
21-1995-0657
.....
ESTATE OF
B, Erne
ITEM
NO.
DESCRIPTION
AMOUNT
1 Andrews & Patel - ~cal Bill
160.85
2 McNees, Wallace & Nurick - Legal Fees for Estate Planning
3 MBNA J\rrerica - Credit Card Account
3,738,36
6,313.32
r:"'l
4 Samron Camu.lni.cations - Cable Bill
33,56
5 State Farm- Insurance Bill
288,00
6 Boscov's- Credit Card Account
149.80
7 D:Jnegal Mutual Ins, O:l. - CXltstanding Cleek
8 Donegal Mutal Insurance O:l. - Oustanding Chcck
9 Bell Atlantic - Telephone Bill- CXltstanding Olecks
10 Cbunty of C1tmberland - CXltstanding Cleek
11 PP&L - Electric Bill - CXltstanding Check
12 Oxm:lor House - Cookbooks - CXltstanding Cleek
13 AT&T - Telephone Rental
14 John Wanamaker - Credit Card Account
458.00
375,00
128.99
3.50
129,13
47.82
24.31
263.07
15 Ccmrol1lo.\:alth of Pennsylvania - 1994 Individual Incare Tax
167.02
16 Moffit, Pease and Associates
10.00
PA15121
NTF~allo
TOTAL Also ontor on Ilno 10, Roc hulatlon
(II mo'o spaco Is noodod, lnoon additional shools 01 same slzo.)
$
12 290,73
COpytlght Forma SoftwA'e Onlv. 1994 N.lcD.lnc. N94PA12t
Register of Wills of CUMBERLAND county, Pennsylvania
certificate of Grant of Letters Testamentary
No. 1995-00657 PA No. 2195-0657
ESTATE OF ERNE MARY B
I LA::;'!', r! Kb'!', M! UULt;)
Late of
HAMPDEN TOWNSHIP
I.:UMtlt;KL..AfjU I.:UUfj'!'I,
Deceased
Social Security No. 166-32-5782
day of Auqust
19~ an instrument
WHEREAS,
.dated July
was admitted
on the 31st
24th 1995
to probate as the last will of ERNE MARY B
(LA::;~, riK::;~, M!UUL..t;)
late of HAMPDEN TOWNSHIP
16th day of Auqust ~ and,
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I, MARY C. LEWIS , Register of Wills in and for
the county of CUMBERLAND in the commonwealth of Pennsylvania, hereby certify
.that I have this day granted Letters TESTAMENTARY
to EDWARD W ERNE JR and PATRICK M ERNE
who ~ duly qualified as Executor(rixl
and ~ agreed to administer the estate according to law, all of which fully
~appears of record in my Office at CUMBERLAND COUNTY COURT HOUSE,
CARLISLE, PENNSYLVANIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my Office the 31st day of Auqust
,
CUMBERLAND County, who died on the
1995.
'-lip, e .f~' tU'-P.~~rt\
gl.sr-eII:' of 1. i
**NOTE** ALL NAMES ABOVE APPEAR (LAST, FIRST, MIDDLE)
7/24/95
ruJ.
Qf:
MARY B. ERNE
CC~\PV
I, MARY B. ERNE, of Cumberland County, pennsylvania, declare this to be
my will and hereby revoke all prior wills and codicils made by me.
1. Personal tv. I bequeath all of my tangible personal property not
used in business or for the production of income, including without limitation
furniture, furnishings, clothing, jewelry, objects of art and decoration, and
the like, together with the insurance thereon, to those of my children who
survive me. If said children are not all competent adults, or if they cannot
agree on the division, then my executor(s) shall make the division, and may
sell any items passing hereunder and distribute the proceeds.
2. Residue. I bequeath, devise, and appoint all the rest of my
property, of whatever nature and wherever situated, including property over
which I hold a power of appointment, to my issue, per stirpes; provided,
however, that if my daughter, ELAINE, is then living, her share shall be held
for her in a separate trust hereunder under the terms of paragraph 3 below and
if any issue (other than a child of mine) is then under the age of twenty-five
(25) years, his or her share shall be held for him or her in a separate trust
hereunder under the terms of paragraph 4 below.
3. Elaine M. Erne Trust. The income and principal of the separate
trust for my daughter, ELAINE, shall be distributed as follows:
(a) Income and Principal. The Trustee(s) shall payor
apply to the benefit of my daughter, ELAINE, from time to time,
such amounts from the principal or income, up to the whole
thereof, as the Trustee(s), in the Trustee(s), sole discretion,
may from time to time deem necessary or advisable for the
satisfaction of my daughter's special needs, and any income not
distributed shall be added to the principal. As used herein,
"special needs" refers to the requisites for maintaining my
~
,
I
!n
daughter'. good health, safety, and welfare when, in the
di.cretion ot the Trustoe(s), such requisites are not being
provided by any public agency, office or department ot any city,
county, or .tate goyernmsnt, or by the federal governmsnt, or any
other public or private agency. "Special nesds" shall include,
but not be limited to, dental expenses; special equipment;
programs of training, education and treatment; and necessary
recreation and entertainment. It is my intent, as expressed
herein, that because ELAINE is unable to maintain and support
herself independently, the Trustee(s) shall, in the exercise of
the Trustee(s), best judgment and fiduciary duty, seek support and
maintenance for my daughter from all available public resources,
including Supplemental security Income (SSI), Medicaid, Federal
Social security Disability Insurance, and any other appropriate
state or local agency. In making distribution to my daughter for
her special needs, as herein defined, the Trustee(s) shall take
into consideration the applicable resource and income limitations
of the public assistance programs for which my daughter is
eligible. No part of the corpus of the trust created herein shall
be used to supplant or replace public assistance benefits of any
city, county, state, federal, or other governmental agency that
hae a legal responsibility to serve persons with disabilities that
are the same or similar to the impairment(s) of my daughter. No
part of the principal or undistributed income of the trust estate
shall be considered available to the beneficiary.
(b) Distribution. Upon the death of my daughter, ELAINE,
any balance then held hereunder shall be distributed to her issue
per stirpes, or, if none are then living, per stirpes to my issue,
provided, however, if any such issue (of ELAINE or of mine, other
than a child of mine) is then under the age of twenty-five (25)
years, his or her share shall be held for him or her in a separate
- 2 -
trust thsretofore or then .created hereunder under the terms of
paragraph 4 below.
4. SeDarate Truets, The income and principal of a separate trust for
a beneficiary pursuant to the terms of paragraph 2 above shall be distributed
aB followB'
(B) Income. The income shall be distributed at least
quarterly to or for the benefit of the beneficiary. ND payment
Bhall be made under this eubparagraph (a) which would diecharge to
any extent the legal obligation of any person for the support of
the beneficiary.
(b) Princioal. The Trustee(e) shall pay from the
principal such sums to or for the benefit of the beneficiary as in
the discretion of the Trustee(s) seem proper for his or her
support, maintenance, health care, and education, taking into
account the other sources of income, support and estate that are
available to him or her. No payment shall be made under this
subparagraph (b) which would discharge to any extent the legal
obligation of any person for the support of the distributee.
(c) Distribution of Seoarate Trust.
(i) When such beneficiary shall have attained
the age ,of twenty-five (25) years, the Truetee(s)
shall distribute to him or her at his or her written
request the entire balance held in his or her separate
trust.
(ii) If such beneficiary should die before
making proper requeet for the entire balance in hie or
her separate truet, then the entire balance in his or
her separate trust shall at his or her death be
distributed, outright or in trust, in such Bums or
proportione as such beneficiary may direct in his or
'her last will, expressly referring to his or her
- 3 -
separate trust hereunder, but only among my isouel and
to the extent that such beneficiary shall fail to
exercise effectively hio or her limited power of
appointment hereunder, the aforemsntioned balance in
hi8 or her 8eparate trust 8hall then be distributed
per stirpes to his or her issue, or, if no ouch issue
survive him or her, per stirpes to my issue, with the
ohare of any of such issue for whom property is then
held in or payable to a separate trust under paragraph
3 or this paragraph 4 being added to such separate
trust.
(d) Disoosition Uoon Aoolication of Rule Aaainst
Peroetuities. Notwithstanding subparagraph (c) above, if during
the lifetime of a person for whom a separate trust under this
paragraph 4 was established the intere6t of such person therein
becomes void under the applicable rule against perpetuities, then
the balance in such separate trust shall then be distributed
outright to such person.
S. Survival Clause. If any beneficiary hereunder should die within
sixty (60) days after me or within sixty (60) days after any other person ths
survival of whom determines his or her rights hereunder, then such beneficiary
shall be deemed to have predeceased me or such other person for all purposes
hereunder.
6. Powero. In addition to such other powers and duties as may be
granted elsewhere herein or which may be granted by law, the fiduciarieo
hereunder shall have the following powers and duties, without the necessity of
notice to or consent by any Courtl
(a) To retain all or any part of my property, real or
personal, in the form in which it may be held at the time of its
receipt, including any cl~se1y held business in which I have an
interest and any stock of any corporate fiduciary hereunder, a8
- 4 -
.
(g) In dividing or distributing any property, real or
personal, included herein, to divide or distribute in caeh, in
kind, or psrtly in caeh and partly in kind.
(h) To hold, manage, and develop any real estate which may
be held by them at any time, to mortgage any euch property in such
amounte and on such terms as they may deem advisable, to lease any
such property for such term or terms, and upon such conditions and
rentals as they may deem advisable, whether or not the term of any
such lease shall exceed the period permitted by law or the
probable period of retention under this instrument; to make
repairs, replacements and improvements, structural and otherwise,
in connection with any such property, to abandon any such property
which they may deem to be worthless or not of sufficient value to
warrant keeping or protecting, and to permit any such property to
be lost by tax sale or any other proceedings.
(i) To employ such brokers, banks, custodians, investment
counsel, attorneys, and other agents, and to delegate to them such
duties, rights and powers as they may determine, and for such
periods as they think fit.
(j) To register any securities at any time in their names
as fiduciary, or in the names of nominees. with or without
indicating the trust character of the securities so registered.
(k) With respect to any securities held hereunder, to vote
upon any proposition or election at any meeting of the person or
entity issuing such securitiee, and to grant proxies,
discrstionary or otherwise, to vote at any such meeting; to join
.or bscome a party to any reorganization, readjustment, merger,
voting trust, consolidation or exchange, and to deposit any such
securities with any committee, depository, trustee or otherwise,
and to payout of the trust created herein, any fees, expenses,
and assessments incurred in connection therewith; to exercise
- 6 -
convereion, subscription or other rights, and to receive or hold
any new securities issued as a result of any such reorganization,
readjustmsnt. merger, voting trust, consolidation, exchange or
exercise of conversion, subscription or other rights and gsnerally
to take all action with respect to any such securities as could be
taken by the absolute owner thereof.
(1) To engage in sales, leases, loane, and other
transactions with my estate, the estate of my husband, or any
trust established by either of us, even if they are also
fiduciaries or beneficiaries thereof.
(m) To make all necessary proofs of death under the
insurance policies of which they are the beneficiary, to execute
any receipts for the proceeds and to institute any action to
collect said proceeds and to make adjustments of any claim
thereunder, provided, however, that they need not institute any
action unless they shall have been indemnified against all
expenses and liabilities to which they may become subject as a
rssult thereof. If, however, they desire to institute such action
without indemnification, they are hereby authorized to be
reimbursed for all expenses and liabilities incurred as a result
thereof from any amounts which may be held in trust hereunder then
or thereafter.
(n) To exercise all elections which they may have with
respect to income, gift, estate, inheritance or other taxes,
including without limitation execution of joint income tax
returns, election to deduct expenses in computing one tax or
another, election to split gifts, and election to payor to defer
payment of any tax, in all events without their being bound to
require contribution from any other person.
(0) To operate, own, or develop any business or property
held hereunder in any form, including without limitation sole
- 7 -
,,",
,..
""
,
I
,I
I-
I
I
...
...
,
proprietorship, limited or general partnership, corporation,
association, tenancy in common, condominium, or any other, whether
or not they have restricted or no management rights, as they in
their discretion think best.
7.
SDendthrift Clause. No interest (whether in income or principal,
whether or not a remainder interest, and whether vested or contingent) of any
beneficiary hereunder shall be subject to anticipation, pledge, assignment,
sale or transfer in any manner, nor shall any beneficiary have power in any
manner to charge or encumber his or her said interest, nor shall the aaid
interest of any beneficiary be liable or subject in any manner while in the
possession of the fiduciaries for any liability of such beneficiary, whether
such liability arises from his or her debts, contracts, torts, or other
engagements of any type.
8. Facilitv of PaYments for Minors or IncomDetents. Any amounte or
property whi~h are payable or distributable hereunder to a minor or
incompetent may, at the discretion of the fidUCiaries, be paid to the parent
or guardian of such minor or incompetent, to the person with whom such minor
or incompetent resides, or directly to such minor or incompetent, or may be
applied for the use or benefit of such minor or incompetent.
9. ~. I direct that all estate, inheritance, and succession
taxes that may be assessed in consequence of my death, of whatever nature and
by whatever juriSdiction imposed, other than generation-skipping taxes, shall
be paid out of the principal of , mY general estate to the same effect as if
said taxes were expenses of administration, except that any such'additional
taxes (and interest and penalties thereon) imposed on account of my interest
in or power over an~ trust established by my husband shall be paid out of the
property held in such trust, and all other property includable in my taxable
estate for federal or state tax purposes, whether or not passing under this
will, shall be free and clear thereof I provided, however, that my executor(e)
may in the discretion of the executor(s) request that any portion or all of
said taxes (to be paid out of the principal of my general estate) shall
- 8 -
.
- "..
.-- -
\
,
I
.
.
instead be paid out ot the principal ot any trust established by me in this
will or otherwise, to the extent expressly authorized under the terms ot said
trust.
10. Fiduciaries. I appoint as executors hereunder my sons, EDWARD W.
ERNE, JR. and PATRICK M. ERNE. It either of my sons should be unable or
unwilling to s.rve or to complete the administration of my estate, no
successor shall be appointed to serve in his place and if neither of them
should be able or willing to serve or complete the administration of my
estste, DAUPHIN DEPOSIT BANK AND TRUST COMPANY (or its successor), shall serve
in their place. I appoint as Trustees hereunder my said sons. If one of my
sons should be unable or unwilling to serve or to complete the administration
of any trust hsreunder, then the other of my sons shall serve alone. If
neither ot my sons should be able or willing to serve or to complete the
administration ot any trust hereunder, then DAUPHIN DEPOSIT BANK AND TRUST
COMPANY (or its successor) sh~ll serve in their place. My Trustee(sl shall
serve as guardian of the property of any minor beneficiaries hereunder, under
any instrument of trust executed by me, under any policies of insurance on my
lite, and in any other situation in which the power to make such appointment
exists under the laws of pennsylvania. No individual fiduciary shall be
liable tor the acts, omissions or defaults of any agent appointed and retained
with due care or of any co-fiduciary. No fiduciary shall be required to
furnish bond or other security for the proper performance of his duties
hereunder.
11. Gender. Unless the context indicates otherwise, any use of the
masculine gender herein shall also include the feminine gender.
IN WITNESS WHEREOF, I, MARY B. ERNE, herewith set my hand to this, my
last Will, typewritten on eleven (1.11 sheets of paper including the
- 9 -
\
. ,
.
.
.
.
Of~
self-proving attestation clause and signatures of witne...., this ~ ~ day
, 1995.
Witnessed I
~rg~ku-
residing at ~ J/J.t. jJ Ii
residing at f-:1*OA-^ ,Pc.
- 10 -
(81^LI
. ,
.
.
.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF h{{Of/:<"lA.
SS:
/1 . f ,., . / j
Mary B. ~rne (the testatrix I , {",,2/.i'-<- 0 ,.(:..t.'f1,/J1..,(~(tltlt/oJ and
II(lUI~ iJ !C.,'Lifll.r.<L (the witnesses), whose names are signed to tho!
foregoing instrum~nt, being first duly sworn, each hereby declares to the
undersigned authority that the testatrix signed and executed the instrument as
her last will in the presence of the witnesses and that she had signed
willingly, and that she executed it as her free and voluntary act for the
purposes therein expressed, and that each of the witnesses, in the presence
and hearing of the testatrix, signed the will as witness and that to the best
of his or her knowledge the testatrix was at that time eighteen years of age
or older, of sound mind and under no constraint or undue influence.
TESTATRIX:
~Qr.eAAv~
Mary B. ne
WITNESS:
~rLA.i/~
Subscribed, sworn to and acknowledged before me by MARY B. NE the
testatrix, and subscribed and sworn to before me by t?t2A,L( ,I. ~,~~.l,(qlq~
I. A ".
and k.{l/t.r:L( ,P. ,I((.L/I.(/I ti, , the witnesses, this ..;It/Y day of
. f /''l. I
Vll...{Y , 1995.
NOTARIAL SEAL
JUOY A. BOMGARDNER, Notary Public
Harrisburg, PA Dauphin County
My Commission Expires Feb. 23, 1998
'- /,.--:) r.
....~l..l.d~ ri.. :tiJ"'''''1l1lli.uuv
(" ') ~ tary Public-' I
'. \~ !_.'
',~_/ (SEAL)
- 11 -
I.:, - I i_l- "I
...
,.
w
fil
u
w
o
fOR DATIS Of DIAIII AnlR 1"31191 CHICK HIRl
,,~:J~:9C\ INHERITANCE TAX RETURN ~o~::~yUWDIlI5CLAIMID [ I
-.IffJ_ RESIDENT DECEDENT fill NUMBIR
COMMONW[AllttOf ",""mAl'" (TO BE FILED IN DUPLICATE "' / (II (
O(PARtM[Nf Of Il(V(t4U[ ....... / V'
tt..,,~~J:H~O'i'i.\180bOl WITH REGISTER OF WILLS) COUN1Y CODE YEAR
U~O(t~'!t NAMlIlA!tl "I!lI. ANDMIOOll 'NIIIAII OllIOlllT.!1 (0""1(11 "'OOil'JI~ I. f
_ 11 ULe-<-.._ttC1.LClA':'yv.T,o,' f1. I .m d,o IE, 'iJbllHI .s -r:Aeel7 -, .-7
'I ;':;(~"'I"i~~' II 7q.l ~F: 9.~. u~~o~~~~__l$" c~.":'ff~~/~'t'(u;tP,:l'_H_"_'~~_
,,' ..."""" """.." ,~"" '....0 "'" '''' ":~::~~'_ _I 'O(..~'~~:~ N"M" ~ _ _ . ..... f A~O~N~'::"" D I'" """"("0""
IH"'I~OOB.I'Q~1
(, <)- 7
NUMBER
w
...
"'c'"
ua:~
w"'"
:z:09
ufm
..
c
1f.J'-
04.
06.
[] 3.
[]5,
..Q8
Remainder Return
liar dole' of death prior 10 12.13.821
Federal E,loIB Tax Return Rvquired
Total Number of Sofe Deposit 80xe,
Original Return
[OJ 2. Supplomenlal RelUon
[] 40. Fulurft Inlcrest Compromise
(for dates of death alter 12.12.82)
Decedent Died Testate 0 7. Decedent Maintained a liying Trud
(Alloch copy of Willi (Allach copy of Trust)
ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO:
NAME ~ COMPIIt( MAILING ADDRUS
So..,>",- t<,~\,,,-e 1}/7-U'11?dDQ
"'''HOH' HUM": ~ 0 () N .p I.() b l( ( -p IJ
limited Estate
....
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Ww
=0
=,.
S~
:n
\n ::Im
/7 ).1.{ (.r~
.::-,
,.
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:s
=>
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=
1. Real edate (Schedule Al
2. Slack. and Bond. (Schedule B)
3. Closely Held Stock/Partnership Interesl (Schedule CJ
4. Mortgages and Notes Receiyable (Schedule D)
5. Cash, Bank Deposill & Miscellaneous Personal Property
(Schedule E)
6. Jointly Owned Property (Schedule FI
7, T,anofon (Schedule GI(Schedule l)
8. Total Gran Anell (tolollines 1.7)
9. Funeral Expenses, Administratiye Cads, Miscellaneous
Expenses (Schedule HI
10. Debll, Mortgage liabililies, liens (Schedule I)
11. Total Deductions (tolollines 9 & 10)
Nel Value of Estate (line 8 minus line 11)
Charitable and Goyernmantal Bequests (Schedule J)
Net Value Subject 10 Tax (line 12 minus line 131
Spousal Transfen (For datel of death after 6.30.941
See Indrudions for Ar,p!icable Percentage on Reverse
Side. (Include yalues rom Schedule K or Schedule M.l
Amount of line 14 taxable at 6% role
(Indude values from Schedule K or Schedule M.)
Amount of line 14 taxable 01 15% role
(Include values from Schedulo K or Schedule M.I
Principal tax due (Add tax from lines IS, 16 and 17.1
Credils Spousal Poyerty Credit Prior Paymenll
(I)
( 2)
( 3)
(41
( 5)
'.'
I
ul
l-:~
..... ?..
i"
(61. .
(7) .....J....:L:;L'~~
5" '1--.!...J..s. Lj I
(8)
77},J"C;?
(91
(10)
~ 1 ,/, 'I J
":~ 3 O~. S-S-
(11)
(12)
(131
(14)
12,
13,
14,
15.
16,
17,
,.
0
;:: 18,
c
... 19.
=>
..
'"
0
...
>< 20.
c
...
21.
;l3oS-~5~
(15)
x,____=
(l6)_~_J_O ';r..c..._~ ~___x .06 =
/3'ii-. ::)1
(171 ..__~_~__...,~__..____..___ x .15 =
(18)
J3.f/~=/_
Discount
Intorest
--------- +
----~-- ...
(191
(20)
IF line 19 is greater than Une 18, enter the difference on line 20. This is the OVERPAYMENT.
iii 0
Check hero If you are requesting a refund o' your overpaymont.
/38", SI
1211
(21A)
1218)
uI3y,.5_L_u..____
If line 18 is greater than line 19, enter Ihe difference on Uno 21. This is the TAX DUE.
A, Enter the interest on tho bolance due on line 21 A,
a. Enler Ihe tala I olUne 21 and 21A on Uno 21B. This i, the BALANCE DUE.
Make Check Payable 10: Register o' Willi, Agent
~ ~ BE SURE TO ANSWER ALL QUESTIONS ON REVERSE SIDE AND TO RECHECK MATH -0(-0(
Under penalties of perjury. I declare that I hoye uomined this relurn, including accompanying sthedulf!s and statements. and to Ihe be,t of my lo.nowledge and belief,
it is true, correct and complote, I declare thai 011 real ostoto has been reported at t'ue mor~et yolue Declarotion a. preparer other than tho personal repre,entotiye is
based on 011 inlormation of which preparer has any knowledge.
SIGNAIUlH Of PllISO,N RfSPON~J"1f~'O~~I~-r;A!TU-A~~--'AODii"~S-~----""-----------.---..-.,--.--~.- -.-- ~::;-_;-~--.._--_---__M-_ DATl
~..Li i.~<,<::~.C )_..I~.'-:<'("~" ~__.IJ./2.iO,' 7J'cl../l0::~L'p,-.'1_ /<4 1.7._.:{Y..L'. _u...?"' -97
~ntfifE!OI PII(PUIR OtHl1 IIiAH lPAI\HHATIII! AOOln..., -, OA!t
Act #48 011994 provldol lor tho roductlon of tho lax ralos imposod on tho not valuo ollronllors 10 or lor
Ihe Ule of Iho spOUle, The ralel 01 prelcrlbed by Iho slalulo will bo:
e 3% (,03) will bo applicable for ollales of decedonll dying on or aflor 7/1/94 and beloro 1/1/96
. 2% (,02) will bo applicablo for oslales of docedents dying on or afler 1/1/96 and boloro 1/1/97
· 1% (.01) will be applicable for ellales of decedenls dying on or alter 1/1/97 and before 111/98
. Spousal transfers occurring on or after 1/1/98 will be exempt from inherllance tax,
PLEASE ANSWER THE FOLLOWING QUESTIONS
BY PLACING A CHECK MARK (...) IN THE APPROPRIATE BLOCKS.
YES NO
1. Did decedent moke a transler and:
a. retain the use or income 01 the property transferred, .......................................................
,j
~
b. retain the right 10 designote who shall use the property transferred or its income, ...............
~I
c. relain a reversionary interest; or ...................................................................................
.I
V
d. receive the promise for life of either payments, benefits or care? .......................................
2. If dealh occurred on or before December 12, 1982, did decedent within two years preceding
deolh tronsfer properly without receiving adequate consideration? If death occurred after
December 12, 1982, did decedent transfer properly within one year of deolh without receiving
adequate consideration?........................................................... ........................................
II
t/
3. Did decedent own an 'in trust for' bank account at his or her death?.....................................
.j
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES,
YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
JlYI~I"IJ-,rl
ESTATE OF
~'J~:9t\
..;!ljI....
COMMONWfAtTH Of PfNNSYlVANIA
INHllnANCI TAX InUIN
IUIDINT DlelDINT
.....:1)','. ~L'I_;L .,. i';hi
SCHEDULE E
CASH, BANK DEPOSITS AND
MISCELLANEOUS
PERSONAL PROPERTY
(AIt pr.pert., lolntly-owned with the Right of Survlvo"hlp mUlt be dlu,...d on Schedule '1
ITEM
NUMBER
1
EUl',Lil Ac(.~nlJtll.
DESCRIPTION
5
~"~-l~'~. 0
, t:{~ >_ .1. n,~,
:_1.Pl)2..~.'el
Household f.OOds and fu!'ni LUr't:
s. HAinz 3enefi L Center (pcn:31o!1 CI1CC1{)
2
S:-1.~1 inr:~ /\(;C()!U: L
J
Chc(~\.lr1f, A(~(:UU~1 t.
4
ens tu::lt~
j QViC' 1'1;/
6
Ploaso Print or Typo
FilE NUMBER
./. I (:1 c-. c,)" 7
7
i,.ediCZ"11 In~:urrlnce .U:.in1JU!::~i2uent (i~.~ ~.lue .:ihil~ld.)
9
Everet t C::.1s!l j,..u tuaJ In~Ul'::;.:H.:r~ c.
(rc?n tl'l" i:l~;Ul"':Hlet
~'"l:'" ~e)
10
t:n t I;cd 'I'ele:'Jh0ne of :A
VALUE AT
DATE OF DEATH
- Ii, 1']4. 24
~ 1 ,0 1 ~). 99
~ 1,)'71.2'1
0
0
0
7!}.O7
37.49
2J.OO
2.89
TOTAL (Also onlor an lino 5, Roea ilulatian) S 7 . 7;:::> . S. (;
IA"ach additional 8~" x 11" ,heeh iF mare 'pace is ne.d,d,)
11\1<1)11 lIt I''''
ESTATE OF
,
~~:~"
_!t.JlJJ'p
COMMONWEAUH Of PENNSYLVANIA
INtlEIUYANCE 'AX RETURN
RESIDENT DECEDENT
SCHEDULE H
FUNERAL EXPENSES,
ADMINISTRATIVE COSTS AND
MISCELLANEOUS EXPENSES
; Plea.e Print 0' Tvpe
FILE NUMBER
/).1 (If, 0)7
~I,al'f,al'O t ,'d ~{hin'.~
ITEM
NUMBER
A. Funeral Expen.e..
B.
4.
C,
1.
2.
3.
4.
5.
6.
7.
8.
DESCRIPTION
AMOUNT
1.
l;'op.elsane.t:l' - EJ.'lc!-:c:!' l"1U'Il{~l':.l.1 E.O!:H~, Inc.
funeral ;J.nu lJur'l;~ 1 C';': i)t-':lCP~;
;i';, 194. 21t
1.
Admlnl.tratlve co.t..
Personal Represenlalive Commillions
Social securily Number of Personal Represenlotive:
Year Commissions paid
2.
Allorney Fees
3.
Family Exemption
Claimant
Addrell of Claimanl 01 decedenl's dealh
streel Addrell
City
Stale
Zip Code
Relationship
Probate Fees
MI.eellaneous Expen.e..
Entt'avin:~, !;Ul-'l3.1 _'.lit'Y.(?f'
1 'I,'" . J.!; O:'i.1..
,J ,::,
.'
,~5'). 00
keeistcr or willA
JJ.OO
Ha!'risonbu)~ i.,cdicnJ. h;~SO.
74.02
United 'I'el."phone CO!:I;nn:'
27.95
u.s. Fost Office
( "L';" ",,)
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10.24
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(ptln Lo co ;,i ,.:')
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, - r."",
.1. ",. ,",,'
TOTAL (Also enler an line 9. Recapitulation)
(If more spaee Is needed. In.ert additional sheets of same size.)
s 5'1./ I 'i, '1/
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DNo. AA 185239
1"1142111""1
COMMONWEALTH OF PENNSYLVANIA
DIPARTMINT OF RIVINUI
OFFICIAL RECEIPT · PENNSYLVANIA INHERITANCE AND ESTATE TAX
.
RECEIVED FROM:
i
ACN
ASSESSMENT r;I
CONTROL ...
NUMBER
AMOUNT
STASIA RHINE
131 ZION ROAD
lu1
~jae.~J.
NEWBURG, PA 17240
lOtDH"!
ESTATE INFORMATION,
!II filE NUMBER
~ 21-1996'-0657
I:t NAME OF DECEDENT (LAST)
SI RHINE MARGARET
II DATE OF PAYMENT
fa POSTMARK DATE
COUNTY
SSN 174-18-1179
(FIRST) IMII
CUMBERLAND
DATE OF DEATH
REMARKS
m TOTAL AMOUNT PAID
$13B.51
VZ
STASIA R RHINE
SEAL
CHECI<II 4310
~)'I')/; . ,~. .'
RECEIVED BY 1/"".'" 'I ( ../; ',..,..v ,b't-
,I SIGNATURE
MAR V C. L~W I S '/.~~'J ' /.' ')-
REGISTER OF WILLS
REGISTER OF WILLS
-- - - - - - _ _ ____M __ ._...... __ .n__
-.. -~- -.... -.. . --- --- --
h _. _.__ ___. _ _.. . .___ __. ~ __.'_ __ _ __ _. __ _
1.'.
---' -~
,
---'--
,.-
.__d_ _.~..---.....llcI.
~4i '~1 -,:.
IS /)1 '7
BUREAU OF INDIVIDUAL TAXES
INlILRIfANC[ Ult DIVisiON
D[Pf. (110601
IlARRISIUAG. PA 11l:a-ObDI
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
NOTICE OF INHERITANCE TAX
APPRAISEMENT, ALLOWANCE OR DISALLOWANCE
OF DEDUCTIONS AND ASSESSMENT OF TAX
~TASIA R
131 ZION
NEWBURG
RHINE
RD
DATE
ESTATE OF
DATE OF DEATH
FILE NUMBER
COUNTY
ACN
PA 17240
05-12-97
RIHNE
06-06-96
21 96-0657
CUMBERLAND
101
Anount R."H t.d
-~-
C-
1*
11'-1"'''1","..11
MARGARET
M
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~
liE Ii: iS47 -E'iCAFP--i 03":97 "i-NoT i CE-- OF - -itiHEiiiTAiicE- TAx-APPRA is EifiN"-'-- ALL" oWAiic E- oli- - _m_ n__ - -- - --
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ESTATE OF RHINE MARGARET M FILE NO. 21 96-0657 ACN 101 DATE 05-12-97
If an assessment was issued previously, lines 14, IS and/or 1&, 17 and 18 will
reflect figures that include the total of ALL returns assessed to date.
ASSESSMENT OF TAX:
15. AMount of lln. 14 at Spousal rat. (15)
16. AMount of Lina 14 taxable at Lin..l/Class A rat. (16)
17. Anount of Llna 14 taxable at Coll.t.ral/Class 8 rat. (17)
18. Principal Tax Oua
TAX RETURN WAS. (X I ACCEPTED AS FILED
RESERVATION CONCERNING FUTURE INTEREST . SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. R..I Est.t. (Schedule Al (1)
2. stocks and Bonds (Schadule B) 12)
3. Closely Hald stock/Partnership Int.rast (Schadula C) (3)
4. Harig.ga./Hotas Racalvabla (Schedula OJ (4)
5. Cash/Bank Deposits/Hise. Personal Property CSchedule E) (5)
6. Jointly Owned Property (Schedule F) (6)
7. Trensfers (Schedule G) (7)
8. Tot.l Assets
APPROVED DEDUCTIONS AND EXEMPTIONS:
9. Funer.l Expenses/Adn. Costs/Hisc. Expens.s (Schedule H) (9)
10. Debts/Hortg.ge liabilities/li.ns (Schadule I) (10)
11. Total Deductions
12. Net Value of Tax Return
13. Charitable/GoY.rn~ental a.que.ts (Schedule J)
14. Het Value of Estat. Subject to Tax
NOTE:
TAX CREDITS:
PAVMENT
DATE
03-05-97
RECEIPT
NUMBER
AA185239
DISCOUNT 1+1
INTEREST/PEN PAID 1-)
,00
) CHANGED
.00
.00
.00
.00
.00
.00
7.722.96
IB)
5,414.41
.00
Ill)
1121
1131
Ilit)
,00 X .00:
2,308.55 X .06:
.00 x, 15:
IlBI
AMOUNT PAID
138.51
TOTAL TAX CREDIT
BALANCE OF TAX DUE
INTEREST AND PEN.
TOTAL DUE
HOTE: To insure proper
cradit to your account,
subnit tha upper portion
of this forn with your
tax pay.ant.
7,722.96
1;.414 41
2,308,55
.00
2,308.55
.00
138.51
.00
138.51
138.51
.00
.00
,00
. IF PAID AFTER DATE INDICATED, SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST.
I IF TOTAL DUE 15 LESS THAN $1, ND PAVMENT IS REQUIRED.
IF TDTAL DUE IS REFLECTED AS A "CREDIT" (CRI, YOU MAV BE DUE
A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INsTRUCTIDNs,1
co'
..
.-' ..J
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RESERVAIION. E.t.t.. .f ..,...nt. .,Ing .n ., ..f.'. 0.'....' Il. \..l .- If .n, futu'. Int.,..t In tho ..t.t. I. t,.n.f."..
In .......I.n ., .nj.v..nt t. tl..' 0 (,.II.t.'." ..n.fl,I.,I.. .f tho ..,...nt .ft., tho .,.I,.tl.n .f .nv ..t.t. f.'
llf. or for y.ar., the Co..onw..lth h.r.by .~pr...lY r...rv.. the right to .ppr.I.. and ...... tran.f.r Inh.rltanc. f....
.t the l.wful CI... B (coll.teral) r.te on any .uch future Inter..t.
PURPOSE OF
NOTICE I
fa fulfill the r.qulr...nt. of S.ctlon 21~0 of tha Inh.rltanc. .nd E.tat. fax Act, Act 21 of 1995. (7Z P.S.
s.ctlon 9IltO).
PAV"ENt:
O.t.,h tho t.. ..,tl.n .f thl. N.tl,. .n. .u..lt .Ith v.u' ..v..nt t. tho ..gl.t., .f Will. .,Int.. .n tho ,...,.. .1...
--"aka check or .oney order payabl. tal REGISTER OF MILLS, AGENT
REfUND (CA):
A r.fund of a tax cradlt, which wa. not requ..t.d on the tax R.turn, .ay ba r.qu..t.d by co.platlng an -Application
for Rafund of P.nn,Ylvanla Inh.rltanc. .nd E.tat. fa.~ IREY-I!I!). APplications ara avall.bla at the Offlca
of tha A.gl.t.r of Will., .ny of tha Z! R.venua DI.trlct Offlc.., or by calling the .paclal Zit-hour
an.warlng .arvlca nu.ber. for for.' ordering: In P.nnsylvanl. 1-600-!6Z-20S0, outsld. Pennsylvania and
within local Harrl.bUrg .rea (717) 767-609~, TDOI (717) 77Z-ZZSZ IH.arlng Iapalr.d Only).
OOJEtlION$. Anv ..,tv In Int.,..t n.t ..tl.fl.. .Ith tho ...,.I....nt, .11...n,. ., .1..II...n,. .f ...u,tl.n., ., ........nt
of t.. I Including dl.count or lnt.r.st) .. Ihown on thl. Notlca aUlt obJ.ct within .Ixty (60) d.y. of rec.ipt of
thh Notln by:
..wrltten protest to the PA Oepart..nt of A.v.nu., Board of Appeal., n.pt. Z610Z1, Harrl.bUrg, PA
-.al.ctlon to hava tha .att.r d.t.ralnad .t .udlt of the .ccount of the parson.l r.pr.s.ntatlv.,
__.pp..1 to the Orphan" Court.
17Iza-UZI,
OR
ADKIN
IstRATlVE
CORRECTIONS:
F.ctual .rror. discovered on this .....s..nt .hould b. addr..sad in writing to: PA D.p.rta.nt of A.v.nue,
Buraau of Indlvlduai tax." Att": Po.t A.......nt Reviaw Unit, n.pt. Z60601, Harrl.burg, PA 171Z6-0601
Phone (717) 767-6505. S.a p.ga S of the bookl.t -In.tructlon. for Inh.rltanc. tax A.turn for a R..ld.nt
D.c.d.nt" IREY-ISOI) for an .xpl.natlon of adalnl.trativ.ly correctable .rror..
DISCOUNT I
If any tax due i. paid within thr.. (!) c.l.ndar .onth. aft.r the d.c.d.nt'. d.ath, . flv. p.rc.nt IS~) dl.count of
the tax paid I. .Ilow.d.
PENAL TV:
Th. IS~ tax aan..ty non-participation p.nalty I. co.putad on the total of tha t.x and lnter..t .......d, .nd not
paid bafore J.nuary 16, 1996, the flr.t day aft.r tha and of the tax ..ne.ty parlod. Thl. non-partlclp.tlon
p.nalty I. .ppealable In the .... .annar .nd In tha the .... ti.a parlod .. yOU would app.al the t.x and Int.re.t
that h.. b..n .......d a. Indlc.ted on thl. notlca.
INTEREST I
Int.r..t I. charg.d b.glnnlng with flr.t day of d.llnquency, or nlna (9) aonth. .nd one (1) day fro. tha data of
d.ath, to the data of p.y..nt. tax.' which bacaa. d.llnqu.nt b.fora January I, 196Z b..r lnt.ra.t at tha rata of
.Ix (6X) p.rcant p.r annu. calculated at a dally rat. of .OOOI6~. All ta... which b.c..e delinquent on and aftar
January I, 196Z will b.ar Inter..t at a rat. which will vary fro. cal.ndar y.ar to cal.ndar y.ar with that rate
announc.d by the PA n.part..nt of R.v.nu.. the applicable Intar..t r.ta. for 196Z through 1997 .ra:
~ Int.r..t Rat. DailY Interut FActor !2! tnt.ra.t Rat. OallY tnt.ra.t Factor
1962 2aZ .000S48 1967 .. .OODZ~7
196! 16:< .aOOltS8 1988-1991 11:< .OODSOI
1964 11:< .000301 1991 'X .ODOZlt7
1985 UZ .00DSS6 1995-1991t 7X .00019Z
1986 lOX . DODZ71t 1995-1991 'X .000Z47
ulnt.r..t II calculat.d .. followll
INTEREST = BALANCE OF TAX UNPAID X NUNBER OF OAYS DELINQUENT X DAILY INTEREST FACTOR
--Any Hotlc. l..u.d aft.r the tax b.Co..' dallnqu.nt will r.fl.ct an lnt.ra.t calculation to flft.en lIS) day.
b.Yond the date of tha ........nt. tf pay.ant I. .ade aft.r the Int.r..t co.put.tlon data .hown on the
Notlc., addltlonal Int.ra.t .u.t b. calculat.d.
OR