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Home My WebLink About79-00195 ;' ! It.) 0) ,,~. .' ,~ '.' " . , ~j< : '.~ ,.' .;1:~ ;" " :c' I " . .. ; I ' ' I , , . " J I .. : :-.:. ,..' f I , , I ' .. , , lQ I . . i j a I ~~. I . . i '&; r ! ;',( 1;':. ;~ ..4. ~ " . :I ... o ,s B aD t~" ,- " .." ... ST. JOliN' S ~W/\NGEI,IC/\L LUTIIER1\N ClIURClI, Sill REH/\N13TOlm, CUMDERL/\ND COUNTY, PF.NNSYLV/\NI/\,: SUCCESSOR TO ST. JOIIN'R EVANGELICAL LU'I'IIER1\N CIIURClI OF IIAMPDEN 'l'OWNSIIIP, CU~lDERL/\ND COUNTY, PENNSYLV/\NI/\ AND GEIUoI1\N LUTlIt:R1\N CONGREG/\TION OF PENSDOROUGlI TONNSIIIP, CmIDERL/\ND: COUN'l'Y, I'ENNSYLV/\NI/\ IN TIlE COURT OF COMMON PLEAS OF CmIDERL/\ND COUNTY, PENHSYLVANIA ORPHANS' COURT DIVISION NO. 19 DECREE f1!:- /\ND NON, this ~ day of ?11~ , 197 f, tho Court upon consideration of the within Petition, and after hearing thereon, finds that the proposed sale will be in the interost and advantage of St. John's Evangelical Lutheran Church of Shiremanstown, Cumberland County, Pennsylvania, and without prejudice to any trust, charity or purpose for which the real eotate is held and without violation of any laws which may confer immunity or exemption from sale or alienation, and that Fifty Eight Thousand Two Hundrea Fifty (~5B,250.00) Dollars is a better price for the 1.525 acre tract than can be obtained at public sale: FR1\NK J. LEBER, Substitute Trustee under the Deed of George Wormley and Elizabeth Wormley, his wife, and /\dam Kreitzer and Elizabeth Kreitzer, his wife, said Deed being dated April 12, 1793, recorded in the Office of the Recorder of Deeds in Cumber- land County in Deed Book L, Volume 1, Page 309, is authorized on receipt of the purchase money of Fifty Eight Thousand Two lIundred Fifty ($5B,250.00) Dollars to make private sale and con- veyance to Judith Lifton, her heirs and assigns, of that tract of real estate located in East pennsboro Township, Cumberland County, Pennsylvania, more specifically described as follows: BEGINNING at a point on the \~estern right of \~ay line of Poplar Church Road; thence by a curve to the right having a radius of 35.77 feet, an arc distance of 67.70 feet to a point on the eastern legal right-of- way line of Old Creek Road; thence along said right- of-way line North 42 degrees lB minutes West 117.63 feet to a pin; thence continuing along said right-of- way North 47 degrees 42 minutes West 36.0B feet to a pin; thence along land now or formerly of North Bridge n: ..I" .'''1('' .L\'U .' ~ 107 Development Co. North 26 degrees 57 minutes 30 seconds West 253.09 feet to a pin; thence still along land now or formerly of North Bridge Development Co. North 60 degrees 33 minutes East 181.50 feet to a pipe; thence along other land of St. John's Evangelical Church the following three courses and distances: (1) South 08 degrees 57 minutes West 198.02 feet; (2) North 55 degrees 33 minutes East 164.33 feet; and (3) south 58 degrees 10 minutes East 3.75 feet, more or less, to a point on the western right-of-way line of poplar Church Road, aforesaid; thence along said right-of-way the following three courses and distance: (1) by a curve to the left having a radius of 879.02 feet, an arc distance of 86.12 feet; (2) south 69 degrees 1.5 minutes 58 seconds East 30 feet and (3) by a curve to the left having a radius of 849.02 feet, an arc distance of 210.43 feet to a point, the place of Beginning. CONTAINING 1.525 acres according to survey of D. P. Raffensperger Associates, dated January 19, 1979. BEING a portion of the same premises which George wormley and Elizabeth Wormley, his wife, and Adam Kreitzer and Elizabeth Kreitzer, his wife, by Deed dated April 12, 1793, recorded in the Office of the Recorder of Deeds of Cumberland county in Deed Book L, Volume 1, Page 309, granted and conveyed unto Jacob \iOrmley and Jacob Rupley as Trustees for the nembers in communion with the church or school commonly called the Manor Church or School, predecessors to St. John's Evangelical Lutheran Church, Shiremanstown, cumberland County, Pennsylvania. The title transferred to purchaser to be indefeasible by any person ascertained or unascertained or any class of persons having a present or expected interest in the subject real estate and unprejudiced by any error in any proceedings of the Court; and title transferred to be free of use restrictions set forth in the above-described Deed; the net proceeds from said sale shall be distributed by FRANK J. LEBER, Substitute Trustee, to the Trustees of St. John's Evangelical Lutheran Church to be applied to the perpetual Care Fund of the St. John's EVangelical Lutheran Church, Shiremanstown, cumberland county, Pennsylvania, and the income derived therefrom to be used, in part, for the care and maintenance of the poplar Grove or poplar Church Cemetery located in East pennsboro Township, cumberland County, Pennsylvania. BY THE COURT, /~/~.J' e...\ 1GG ;.~.t 109 -2- ST. JOHN'S EVANGELICAL : LUTHERAN CHURCH, SHIREMANSTOl'1N, : CUMBERLAND COUNTY, PENNSYINANIA,: SUCCESSOR TO ST. JOHN'S IWANGELICI\L LUTHERAN CHURCH OF HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA AND GEill4AN : LUTHERAN CONGREGATION OF PENS BOROUGH TOWNSHIP, CUHBERLAND: COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 19 PETITION FOR LEAVE TO SELL AT PRIVATE SALE BY TRUSTEE UNDER DEED PURSUANT TO CHAPTER 83, PROBATE, ESTATE AND FIDUCIARY CODE TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of FRANK J. LEBER, Substitute Trustee, under Deed of George Wormley and Elizabeth Wormley, his wife, and Adam Kreitzer and Elizabeth L. Kreitzer, his wife, said Deed dated April 12, 1793, respectfully represents: 1. By Deed dated April 12, 1793, George Wormley and Eliza- beth Wormley, his wife, and Adam Kreitzer and Elizabeth Kreitzer, his wife, conveyed a certain tract of real estate, more spec i- fically hereinafter described, to Jacob Wormley and Jacob Rupley as Trustees for the Members in Communion with the church or school commonly called the Manor Church or School, predecessors to St. John's Evangelical Lutheran Church, Shiremanstown, Cumber- land County, Pennsylvania. 2. By Decree dated I1Circ/' :2 Z. I ICf79 , Petitioner was appointed Substitute Trustee for Jacob Wormley and Jacob Rupley under the terms and conditions of the above-described Deed. 3. A copy of the Deed creating the trust, dated April 12, 1793, recorded on ~Iay 12, 1793 in the Office of the Recorder of Deeds of Cumberland County in Deed Book L, Volume 1, Page 309, is attached hereto, marked Exhibit "A" and incorporated herein by . reference. In addition, a typed copy of said Deed is attached hereto, marked Exhibit "B" and incorporated herein by reference. 4, That your Petitioner, as Trustee for St. John's Evange- lical Lutheran Church, ShiremanstO\m, Cumberland County, Pennsyl- vania, successor to the Manor Church, formerly of Pennsboro D', ,1 '\ c' ,,'~ CIS I. v\ ,.....u I,<.~ V Township (East pennsboro Township), Cumberland County, Pennsyl- vania, is seized of title in real estate located in East Penns- boro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: "Beginning at a Chestnut Oak thence South twenty four degrees and a half East twenty two Perches to a White oak thence South thirty Seven degrees East four- teen Perches to a Post, thence South forty nine degrees East four Perches and two tenths of a Perch to a Post thence North one degree and a half East thirty six Perches to a Post thence South fifty one degrees and a half West twelve Perches and two Tenths of a perch to a Post thence South thirteen degrees West twelve perches to a Post thence South fifty six degrees and a half West eleven Perches and a half a Perch to the place of Beginning containing two Acres and a half " Being the same premises which George Wormley and Elizabeth Wormley, his wife, and Adam Kreitzer and Elizabeth Kreitzer, his wife, by Deed dated April 12, 1793, conveyed to Jacob Wormley and Jacob Rupley, as Trustees, said Deed recorded on Hay 12, 1793 in the Office of the Recorder of Deeds of Cumberland County in Deed Book L, Volume 1, Page 309. Said real estate is adjacent to a cemetery, commonly known as the Manor Cemetery, Poplar Grove Cemetery or Poplar Grove Cemetery. A survey prepared by D. P. Raffensperger Associates, dated January 19, 1979, is attached hereto and marked Exhibit "C" and incorporated herein by refer- ence. 5. The above-described real estate is presently unoccupied. Said real estate, in its present state has no rental value. There is no current tax assessment against said real estate. 6. There are no liens or charges of record against the said real estate. However, said real estate is subject to use re- striction set forth in the above-described Deed as follows: "To have and to hold the said piece of Ground with the appurtenances unto the said Jacob Wormley and Jacob Rupley their heirs and assigns for ever To and for the uses following that is to say, To and for the use of the members in Communion with the Church or School commonly called the Manor Church or School in the Township of Pensborrough .' "t 1"(~ ,'r,' n9 U,j,. '1.JJ", v aforesaid, and to and for the purposes of a seat for a church or \louse of Religious ~Iorship for a School or for a Burying Ground for the members aforesaid, within said province pursuant to an Act of the General Assembly in such case made and Provided Intitled 'An act for the enabling religious Societies of Protestanta within the Province to purchase lands for a burying ground, Churches, Houses of worship Schools etc.' And to and for no other other use intent or purpose whatsoever, . . . . And the said Jacob Wormley and Jacob Rupley for themselves respectively and their respective Heirs executors and admini strators do hereby declare and agree that the grant and release aforesaid made as aforesaid to them their heirs and assigns is not made for their Private use and benefit and advantage, but only in trust and to the end and intent that the piece and parcel of Ground aforesaid with the appurtenances may from time to time and for ever hereafter be used and enjoyed as and for the site of a Church, or a School or House of Religious Worship and burying Grounds for the members in the Communion with the Church and Congregation aforesaid within the Provinces and that the names of said Jacob Wormley and Jacob Rupley are only made use of herein for the ends intents and purposes aforesaid.. " 7. St. John's Evangelical Church of Shiremanstown origi- nated in 1787 at the Poplar Church or Hanor Church located in Pensborough Township (Lowther Manor), now East Pennsboro Town- ship, Cumberland County, Pennsylvania. Subsequently, in 1806 the poplar Church congregation, frequently called the German Lutheran congregation, began worshipping with the German Reformed congre- gation at the Peace Church then located in East pennsboro Town- ship, now Hampden Township, Cumberland County, Pennsylvania. The German Lutheran congregation and the German Reformed congregation entered into an agreement dated May 18, 1806 setting forth how the two congregations were to function within the Peace Church. That agreement was signed by Jacob Wormley as a member of the German Lutheran congregation. 8. The German Reformed congregation and the German Lutheran congregation continued to share the Peace Church until on or about llay 1, 1865, at which time the German Reformed congre- gation, then called the German Presbyterian congregation of the Peace Church, by Deed dated May 1, 1865, conveyed to the German 1l::,I. inG I.\'l 100 -3- Lutheran congregation a five acre tract, more or less, located to the east of the Peace Church. Thereafter, in June of 1866, a new church was constructed and the German Lutheran congregation left the Peace Church and began using the new church, called the St. John's Church. The Deed from the German Reformed congre- gation, then called the German Presbyterian congregation of the Church of Peace, to the German Lutheran congregation as recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book_____, Volume , Page 9. On August 5, 1865, the German Lutheran congregation adopted a new constitution and a new name, St. John's Evangelical Lutheran Church, Hampden Township, Cumberland County, Pennsyl- vania. "' 10. On November 18, 1873, the German Lutheran congregation, then called the St. John's Evangelical Lutheran Church of Hampden Township, petitioned the Court of Common Pleas of Cumberland County for Articles of Incorporation under the name of St. John's Evangelical Lutheran Church of Hampden Township. On January 12, 1884, the Articles of Incorporation of St. John's Evangelical Lutheran Church of Hampden Township were approved by your Honor- able Court. On January 19, 1874, the Articles of Incoporation were recorded in the Of.fice of the Recorder of Deeds of Cumber- land County in Miscellaneous Book 3, Page 325. 11. Your Petitioner, on behalf of St. John's Evangelical Lutheran Church of Shiremanstown, successor to St. John's ~van- gelical Lutheran Church of Hampden Township and the German Lutheran congregation, desires to sell the 1.525 acre tract on the survey attached hereto, marked Exhibit "C", to a private purchaser, more fully described below. 12. As shown on the attached survey, Exhibit "C", the real estate proposed to be sold by private sale is severely sloped and cannot be used for the purpose of a cemetery. In addition, St. John's Evangelical Lutheran Church of Shiremanstown has a ceme- tery containing approximately twenty-three (23) acres located in -4- 1.";, b;"' _'U '.r~ 101 . Hampden Township adjacent to the Peace Church. That cemetery is presently operated by the Cemetery Committee of St. John's Evan- gelical Lutheran Church of Shiremanstown and is about fifty (50%) percent developed. 13. St. John's Evangelical Church of Shiremanstown consists of seven hundred twenty-five (725) confirmed members and present- ly has a large church complex located at 5-7 Eberly Avenue, Borough of Shiremanstown, Cumberland County, Pennsylvania. The church portion of the church complex located in Shiremanstown was built in 1970. The parish education building was constructed in 1952. Due to the size of the congregation and the present faci- lities available to it, it is unlikely that the subject real estate will be necessary to provide a church, school or cemetery for the members of the congregation. 14. The St. John's Cemetery located adjacent to Peace Church is operated and maintained by the St. John's Evangelical Church of Shiremanstown through the Cemetery Con~ittee and the Trustees of St. John's Evangelical Lutheran Church of Shiremanstown. In addition to revenues generated by sale of lots, there is also a Perpetual Care Fund, administered by the Trustees, which income is used to provide revenues for maintenance of the St. John's Cemetery. The present principal balance of that perpetual care fund is approximately One Hundred Fifty Thousand ($150,000.00) Dollars. 15. The Poplar Grove or Poplar Church Cemetery located adja- cent to the subject real estate is presently in a state of dis- repair. Periodically, the cemetery has been maintained by Boy Scouts and various civic organizations. For the most part, the cemetery is not maintained. 16. Petitioner requests your Honorable Court to approve the proposed private sale, as described below, and allow the net pro- ceeds to be distributed to the Perpetual Care Fund to be used, in part, for perpetual care and maintenance of the Poplar Church or Poplar Grove Cemetery. The proposed use of the proceeds to be fl:"~ 10G ,',\rf 102 -5- derived from the private sale are consistent with the use re- strictions set forth in the above-described Deed. 17. The only party in interest in this matter is the St. John's Evangelical Church of Shiremanstown, successor to St. John's Evangelical Church of Hampden Township and the German Lutheran congregation. The congregation of St. John's Evange- lical Lutheran Church of Shiremanstown at its annual congregation meeting held on November 26, 1978, authorized Petitioner to seek approval of the private sale and has authorized the proposed distribution of the net proceeds to be derived from that sale. A copy of that Resolution is attached hereto, marked Exhibit "D" and incorporated herein by reference. 18. Judith Lifton, 5270 Strathmore Drive, 11echanicsburg (Hampden Township), Cumberland County, Pennsylvania, is the pro- posed purchaser. The consideration for the 1.525 acre tract, as shown on the attached survey, is Fifty Eight Thousand Two Hundred Fifty ($58,250.00) Dollars. The terms and conditions of said sale are set forth in an Agreement of Sale dated November 27, 1978, by and between St. John's Evangelical Lutheran Church of Shiremanstown and Judith Lipton. A copy of said Agreement of Sale is attached hereto and marked Exhibit "E" and incorporated herein by reference. 19. The Appraisal Report submitted by Joseph lIcGraw is attached hereto, marked Exhibit "F" and incorporated herein by reference. The Appraisal Report of Lester G. Connor is attached hereto, marked Exhibit "G" and incorporated herein by reference. The affidavit of Joseph McGraw and Lester G. Connor, each a com- petent person, setting forth that they have inspectcd the real estate to be sold, that they are acquainted with the value of real estate to be sold, that they are acquainted with the value of real estate in the locality of the subject property, that they are not personally interested in the proposed sale and that in each of their opinion the proposed consideration is more than can be obtained at a public sale. The affidavits are attached hereto u: "', VG'''~ 103 -6- and marked Exhibit "H" and Exhibit "I", respectively, and incor- porated herein by reference. 20. That Petitioner is satisfied that the price offered for the subject real estate is full and fair and better than can be obtained at public sale and the acceptance of it will be in the best interest and advantage of St. John's Evangelical Lutheran Church of Shiremanstown. 21. That the legal title of the 1.525 acre tract, as de- scribed on the attached survey, is subject to restriction more fully described above and a trust created by the Deed from George Wormley and Elizabeth Wormley, his wife, and Adam Kreitzer and Elizabeth Kreitzer, his wife, and no power conferred upon your Petitioner as Substitute Trustee to sell said real estate, and the purpose of this proceeding is that your Honorable Court may decree that the title transferred to the purchaser shall be indefeasible by any person ascertained or unascertained or any class of persons having a present or expected interest in the premises and unprejudiced by any error in the proceedings of the Court. WHEREFORE, Petitioner prays your Honorable Court under the provisions of Chapter 83, Section 8301 through 8306, Probate, Estate and Fiduciary Code, 20 Fa.C.S.A. ~5B301-8306, to authorize Petitioner, as Substitute Trustee under the Deed of George Worm- ley and Elizabeth Wormley, his wife, and Adam Kreitzer and Eliza- beth Kreitzer, his wife, dated April 12, 1793, to sell the 1.525 acre tract, as shown on the attached survey, free of the restric- tions set forth above, and to distribute the net proceeds there- from to the Trustees of St. John's Evangelical Lutheran Church of Shiremanstown to be applied to the principal of the Perpetual Care Fund and the income derived therefrom to be used, in part, for the maintenance of the Poplar Church or Poplar Grove Ceme- tery. , . .. .. , , . .. -" ,~: ,..... '. .-.....,... ....,-".., '.--..,.. -.' . ...... '.. .'. "':. . ..~;"..,:... ..... t.. .".,.". .... '.. .' -.... '. "":J.." ~""'" ~._.~ . 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Deed George \'Iormley " 1\daJO Kreitzer et uxoss ) ) to Jacob Normley I< Jacob Rupley ) 'l'his Indenture made the Twelth day of Aprile in the year of our Lord one thousand seven hundred and ninety three Between George \'/ormley of Pensborough in the County of Cumberland and Commonwealth of Pennsylvania yeoman and Elizabeth his wife and 1\dam Kreitzer of the Township County and State aforesaid yeoman and Elizabeth his wife of the one part and Jacob Wormley and Jacob Rupley both of the Township County and State aforesaid yeoman of the other part. Witnesseth that the said George Wormley and Elizabeth his wife and Adam Kreitzer and Elizabeth his wife as well for and in consideration of the sum of five shillings specie lawful money of Pennsylvania to them and each and every of them well and truly in hand paid by the said Jacob Wormley and Jacob Rupley at and before the ensealing and delivery of these presents the receipt and payment whereof they the said George \'/ormley and Elizabeth his wife Adam Kreitzer and Elizabeth his wife do hereby severally acknowledge and thereof and of every part and parcel thereof do acquit release and for ever discharge the said Jacob Wormley and Jacob Rupley their Executors and 1\dministrators for settling and assuring the piece or parcel of Ground and Hereditaments herein after mentioned to be granted and released hereby to, for and upon such Uses, Trusts Intents and purposes and subject to such agreements as is here- after expressed and declared of and concerning the same and also for divers other good and valuable causes and consideration the said George Wormley and Elizabeth his wife and Adam Kreitzer and Elizabeth his wife hereunto moving have and each and every of them hath granted, bargained Sold, Released and confirmed and by these presents do and each and every of them dothe Grant, Bargain, sell, Release and confirm unto the said Jacob Wormley and Jacob Rupley in their actual possessions now being by virtue of a bargain and sale to them thereof made by the said EXHIBIT "n" p <:. . eorge ~lormley and Adam l(reitzer by the force of the Statute for transferring uses into Possession made and provided and to their heirs and assigns all that piece or parcel of Ground with the appurtenances situate lying and being in Pensborough 'l'ownship aforesaid bounded and described as follows to wit, Beginning at a Chestnut Oak thence South twenty four degrees and a half East twenty two Perches to a White Oak thence South thirty Seven degrees East fourteen Perches to a Post, thence South forty nine degrees East four Perches and two tenths of a Perch to a Post thence North one degree and a half East thirty six Perches to a Post thence South fifty one degrees and a half ~lest twelve Perches and two Tenths of a perch to a Post thence South thirteen degrees ~lest twelve perches to a Post thence South fifty six degrees and a half West eleven Perches and a half a Perch to the place of Beginning containing two Acres and a half and the reversions, remainders, rents, issues and pro- fits thereof and of every part and parcel thereof and all the Estate, Right, Title, Interest, Trust, Property claim and demand whatsoever of them the said George Wormley and Elizabeth his wife and Adam Kreitzer and Elizabeth his wife or either or any of them of in to or out of the same piece or parcel of Ground aforesaid with the appurtenances as of every part and parcel thereof To have and to hold the said piece of Ground with the appurtenances unto the said Jacob Wormley and Jacob Rupley, their heirs and assigns for ever To and for the uses following that is to say, To and for the use of the members in Communion with the Church or School commonly called the Manor Church or School in the Township of Pennsborrough aforesaid, and to and for the purpose of a seat for a church or House of Religious l~orship for a School or for a Burying ground for the members aforesaid, within the said Province pursuant to an Act of the General Assembly in such case made and Provided Intit1ed "An act for the enabling religious societies of Protestants -2- . . . <, . within the Province to purchase lands for a burying grounds, churches, Houses of Norship Schools etc." And to and for no other use intent or purpose whatsoever, and the said George Wormley and Elizabeth his wife and Adam Kreitzer and Elizabeth his wife for themselves their and every of their heirs, Executors and Administrators do Covenant grant and agree to and with the said Jacob Wormley and Jacob Rupley their and each of their heirs and assigns that they the said George Wormley and Adam Kreitzer and their and every of their heirs, the above described piece or parcel of Land hereby granted or mentioned or intended so to be with the Appurtenances unto them the said Jacob Wormley and Jacob Rupley their or either of their heirs and assigns against them the said George Wormley and Adam Kreitzer their and every of their heirs and against all and every other person and persons whomsoever lawfully claiming or to claim the same or any part or parcel thereof from by or under them, them or any of them shall and will warrant and for ever defend by these presents. And the said Jacob Wormley and Jacob Rupley for them- selves respectively and their respective Heirs Executors and administrators do hereby declare and agree that the grant and release aforesaid made as aforesaid to them their heirs and assigns is not made for their Private use benefit and advantage, but only in trust and to the end and intent that the piece or parcel of Ground aforesaid with the appurtenances may from time to time and for ever hereafter be used and enjoyed as and for the site of a Church, or School or House of Religious Worship and burying Ground by the members in the Communion with the Church and Congregation aforesaid within the province and that the names of the said Jacob Wormley and Jacob Rupley are only made use of herein for the ends intents and purposes aforesaid. And the said Jacob Wormley and Jacob Rupley for themselves respectively and their respective heirs Executors and Administrators do hereby covenant promise, declare and agree -3- . <. . with the said George I'lormley and Adam Kreitzer their Executors and administrators in manner following that is to say that they the said Jacob I~ormley and Jacob Hupley and their respec- tive heirs Executors and Administrators shall and will from time to time: and at all times for ever hereafter permit and suffe the said piece or parcel of Ground hereby granted and released or intended so to be and every part and parcel thereof with the appurtenances to be held and enjoyed by the members in communion with the Church and School aforesaid as and for the Site of a Church or !louse of Worship and burying Ground for members in Communion with the Church aforesaid within the said Province subject to such to such orders and regulations as may be made by the said Church or Congregation, and also that they the said Jacob Wormley and Jacob Hupley and their respective !leirs Executors and administrators shall and will at any time or times hereafter assign over and release the aforesaid piece or parcel of Ground with the appurtenances and every part or Parcel thereof unto such person and persons as the Honorable incorporated society for the propagation of the Gospel shall or may direct or appoint upon the trusts, and to and for the intent and purposes whatsoever In witness whereof the Parties to these presents have hereunto interchangeably set their hands and seals the day and year first above written Scaled and delivered in the Presence of us Simon !lailman, Jacob Colp ) George Wormley (Se ) her ) Elizabeth X Wormley (Se mark Adam Kreitzer (Se Elizabeth Kreitzer (Se 1) Heceived in the day of the date of the above written Indenture from the above named Jacob Wormley and Jacob Rupley the sum of five shillings specie it being in full for the consideration money above mentioned. Witness present George I~ormley Adam Kreitzer -4- o ~ . . . . . , ~ 4~.~~ ~~ ~I.- O. -0 . . .~ EXHIBIT "C" 1 - i i I , ! '. " '. : ~. ... said sale is to be made under and subject to the terms and conditions set forth in an Agreement of Sale, as amended, by and between St. John's Evangelical Lutheran Church and Judith Lifton, dated November 27, 1978. A copy of the Agreement of Sale, as amended, by and between St. John's Evangelical Lutheran Church and Judith Lifton shall be delivered to the secretary and shall be retained in the permanent records of the Church. In the event that the undisclosed third party pur- chaser shall submit a bid in excess of the consideration provided for in the Agreement of Sale, as amended, by and bet\~een St. John's Evangelical Lutheran Church and Judith Lifton, then the subject real estate, as des- cribed above, shall be transferred to the purchaser after his or her name shall be disclosed to the Church Council. The President, Vice President and Secretary of the congregation, and the Substituted Trustee, are hereby authorized to execute all documents to effect said trans- fer, to include, but not limited to, the Agreement of Sale with Judith Lifton, the Agreement of Sale with the undisclosed third party purchaser, First Addendum to Agreement of Sale, Petition for Appointment of a Sub- stitute Trustee and Petition to Authorize Sale Under Chapter 83 of the Probate, Estate and Fiduciary Code. Further, it is the desire of the congregation, subject to the approval of a court of competent juris- diction, that the net proceeds derived from said sale be distributed to the Trustees of St. John's Evangelical Lutheran Church of Shiremanstown and a minimum of $100,000.00 be allocated to the Perpetual Care Fund for the St. John's Cemetery and the income derived - 2 - , . ... . , . mutual benefits to be derived here from and intending to be legally bound hereby, the parties hereto do hereby mutually agree as follows: 1. The Seller agrees to sell and convey to the Purchaser who agrees to buy for the consideration hereinafter mentioned and contained, a certain tract or parcel of land, said land being unimproved and consisting of approximately two and one- half (2-1/2) acres, situate in East Pennsboro Township, formerly known as Pensborough Township, Cumberland County, Pennsylvania, being located along the northern side of Poplar Church Road at or near the intersection of Center Street as is more particu- larly described in Exhibit "A" hereto attached, however specifically excluding that portion of said real estate which use has been and remains a burying ground, known apd referred to as the "Manor Cemetery", together with reasonable access thereto. 2. The exact tract or parcel of ground to be conveyed hereunder shall be surveyed by D. P. Raffensperger Associates of Camp Hill, Pennsylvania, and a certified copy of said survey shall be presented to Purchaser, which survey shall disclose: A. The tract or parcel of ground as set forth in Exhibit "A"; B. The tract or parcel above set forth shall by survey be subdivided into two (2) tracts, Tract No. 1 and Tract No.2. Tract No. 1 shall include only that portion of the real estate used as the burial ground, being known as the Manor Cemetery, together with reasonable access from Poplar Church Road. Tract No. 2 shall in- clude all other real estate, said Tract No. 2 being the subject matter of this Agreement of Sale; C. The location of all easements or rights-of- - 2 - ,. . . ~ . .. . way, whether or not recorded or ~isible, on said premises; D. All access to public streets or roads surrounding the said premises; " E. The precise location of all improvements (except individual gravesites) on the said premises, if any; F. All encroachments on the said premises and all encroachments on adjacent premises by improve- ments on the said premises; G. All other information normally shown on a certified survey. H. Upon completion of said survey, it shall be attached to this Agreement and marked Exhibit Ole". Tract No. 2 as shown on said survey shall be the real estate conveyed. Purchaser shall have the right within ten (10) days from delivery to her of such survey to terminate this Agreement. If she so desires to terminate Purchaser shall give such notice to Seller by certified mail return receipt requested. 3. The parties hereto acknowledge that a certain portion of the real estate described in Exhibit "A" has been subject to Pennsylvania Department of Transportation condemnation proceed- ings. Purchaser shall not be entitled to share in any proceeds to which Seller may be entitled as a result of such condemnation proceedings. Purchaser shall not be required to spend any monies in pursuing any such claim(s) to an award(s) of such condemnation proceedings. Nor shall Purchaser's rights to any condemnation award(s) affecting Tract No.2 that may be commenced subsequent to the date of this Agreement be in any way limited. - 3 - . ~ 4. The parties hereto acknowledge that the last known deed '0 .aid premi.e, wa' da,ed 'he 12'h day of April, 119J and recordod in ",e oW"" of <he cnroberland cono,> Reoorder of oeed' ln oeed 1Ioek " Vol- "L", a' pa,e J09, whereby ..id real e"a,e wa' con,eyed '0 ,acob Wormley and 'acob Ropley, aa Tru"ee' for <he ..nor Church, <he .ucce",or ,here'o beln, ,be ,eller berein. The par'ie, a,ree ,ba' iu order '0 properlY conuey ""e 'eller shall be required to have a substituted trustee appointed. ,eller may brie' an Ac,\oe ,c Quie' Ti"e iu ,be Cour' of Ccmmun pleas of cumberland county, pennsylvania, if it is deemed necessary to remove any defect in Seller's title. 5. The parties are also aware that the real estate to be ,old bereunder " ,ubjen' '0 oer,ain rea,ric,'on, ln ,aid deed wbicb prnhib" u.e of ",e premi,e, for o'ber ,ban 'be .i,e of a .chnrcb or SOhool or \Inu.e of lIorobiP and bnryln, ,round". The purchaser has informed the seller that she intends to use 'be proper'y a. a ,i'e for ,be ereo,ion of a profe,,'ona' offioe bulldin" .aid u.e beln, a permi,'ible u,e under Ea" penn,boro TOWn.biP znnin, ordinanne No. 66-59, a' amended and ,upplemen,ed. TO induce purchaser to enter into this Agreement and as a condi'ion 'berc'o 'eller a,reea ,ha' prior '0 'be clo,ln' of ",'e i' will pronure a Deeree from a Cour' of compe,eo' jorla- die"on au'hori dn, a pr> va'e ..le of Trac' No.2, perm""n, aald Trac' NO. 2 '0 be o.ed for ,he erec,'on of a profe,.ional office building, as has above been set forth. 6. The total purchase price for the property herein con- veyed shall be determined in the following manner: A. The purchase price for Tract 2 shall be the Fair Market value (F1W) of said real estate. The FMV shall be determined in accordance with the guidelines for real property appraisal set forth by the Society of Real Estate APpraisers. The FMV shall be deter- - 4 - .. mined by taking the average of two appraisals sub- mitted by qualified real estate appraisers. The required appraisals shall be obtained upon joint instructions from Seller and Purchaser and shall be performed by Joseph HcGraw of 'l'hird and Harket Streets, Lemoyne, Pennsylvania and Lester G. Connor, 2159 lIarl:et Street, Camp lIill, Pennsylvania. The appraisals shall be based upon only the premises . shown on the hereinabove described survey as Tract No. 2. The appraisals shall assume that Seller has fee simple title, that the restrictions set forth in Paragraph 5 above will be removed and that said tract shall have a permissible use of Office - Apartment under the Zoning Ordinance above referenced. D. The Seller acknowledges that an undisclosed third party has expressed a desire to bid on Tract No. 2. Within five (5) days of completion of the appraisals and delivery of copies thereof to Seller and Pur- chaser, Seller shall give notice to the aforesaid third party requesting said third party to submit a written sealed bid for the purchase of the subject premises. Seller shall not, however, furnish such third party \~ith the appraisal reports prepared at Purchaser's cost. Said notice shall be sent certi- fied mail, return receipt requested. The third party shall thereafter have five (5) days from the receipt of the aforesaid notice within which it must deliver to Seller any bid for the purchase of said premises which it wishes to submit. The third party bid must be net to Seller. C. In the event the third party either fails to submit a bid or fails to timely submit a bid - 5 - I . ." Seller shall notify Purchaser of same by certified mail, return receipt requested within two (2) days of the third party's failure of performance. Pur- chaser shall then have five (5) days from receipt of such notice to notify Seller of her desire not to proceed under the terms and conditions of this Agreement. In the event Purchaser so notifies Seller then this Agreement shall be null and void. In the event Purchaser docs not exercise her option to terminate then the purchase price shall be the FMV as determined in Paragraph 6A hereof. D. In the event the third party timely submits a bid, then within three (3) days receipt of same Seller shall open said bid in the presence of Purchaser and at that time disclose to Purchaser both the amount of the bid and the name of the third party bidder. Purchaser shall then have five (5) days from the bid opening to notify Seller of her desire not to proceed under the terms and condi- tions of this Agreement. In the event Purchaser so notifies Seller then this Agreement shall be null and void. In the event Purchaser does not exercise her option to terminate then the purchase price shall be determined as follows: (1) If the third-party bid was below the FMV price as established as heretofore set forth then the purchase price shall be the FMV. (2) If the third-party bid is equal to or greater than the FMV price then the purchase price shall be One ($1.00) Dollar greater than the third-party bid. - 6 - . . ! , C. The availability of municipal water and sewer- age services to the pre~ises herein to be conveyed. 8. Settlement is to be made within one hundred eighty (180) days from the date of a Court Decree authorizing the sale and authorizing the use of the Tract No. 2 for a professional office building. Said settlement to be at the law offices of Kogan and smigel, 120 South Street, Harrisburg, Pennsylvania 17101, or at such place as the partilils herein may mutual agree upon. 9. The real property is unimproved and no personalty is included in the sale. 10. Taxes upon the above described Tract No. 2 shall be apportioned at the time of settlement. Purchaser shall pay one (1%) percent of purchase price on account of Pennsylvania Realty Transfer Tax and local realty transfer tax; Seller shall be required to pay the remaining one (1%) percent of said realty transfer taxes, unless Seller is exempt from said taxes. 11. The premises are to be conveyed by special warranty deed from Seller to Purchaser. Title shall be free and clear of all liens, encumbrances and easements, excepting however, ordi- nances, easements of roads or rights-of-way and the following item none of which prevent the use of the real estate for the purpose of the erection of a professional office building, none of which have been violated and none of which impose any financial burden on Purchaser: existing restrictions, if any, other than those contained in the above referenced deed of 1793; privileges or rights of public service companies; agreements or like matters of record; othen/ise the title to the above described real estate shall be good and marketable and such as will be insured at the regular rates by any reputable title insurance company approved to do business in the Commonwealth of Pennsylvania. - 8 - \ , .' 12. In case material defects other than those hereinabove set forth, arc found in the title and so reported, then, if such defects are not cureu within ninety (90) days of the notice of the defect, this Agreement may at Purchaser's option become null and void. In the event that any such defect shall be discovered and reported, the time for settlement set forth in Paragraph 8 shall be extended for a reasonable period of time so that Seller can cure said defect. 13. It is agreed oetween the parties hereto that exclusive possession of ownership of the said premises will be delivered to the Purchaser upon the closing herein set forth. 14. If, subsequent to the date of this Agreement and, prior to the date of settlement, all or any part of Tract 2 is taken by eminent domain Purchaser, by written notice to the Seller, may elect to cancel this Agreement absolutely. In the event Purchaser shall so elect, both parties shall be relieved and released of and from any further liability hereunder. Unless this Agreement is so cancelled, it shall remain in full force and effect, and Seller shall assign, transfer and set over to Purchaser any of Seller's right, title and interest in and to any awards that may be made for such taking. 15. Purchaser or her nominee shall have the right from the date of this Agreement to enter upon the premises and make any and all inspections, tests, surveys and appraisals and to conduct and carry out any and all engineering studies and operations she may desire, at her sole cost and expense. 16. In the event that a dispute or claim shall arise with respect to any of the terms or provisions of this Agreement, or with respect to the performance by either of the parties hereto of the undertakings or agreements herein contained or contained in any agreements attached hereto and made a part - 9 - . . ,. hereof, then either party may, by notice as herein provided, require that such dispute or claim be submitted to arbitration within ten (10) days after such notice is given by such party. Seller, within the said ten (10) days, shall designate one (1) arbitrator, Purchaser shall designate one arbitrator and then the' third arbitrator shall be designated by the two (2) arbitrators so designated, and all disputes or claims shall be resolved in accordance with the rules and procedures of the American Aribitra- tion and the laws of the Commonwealth of Pennsylvania. In the event that the two (2) arbitrators designated as hereinabove provided shall fail to designate a third arbitrator, or in the event a person designated as arbitrator as hereinabove provided refuses or becomes unable to act as such and the party on whose behalf such person was designated as arbitrator fails to designate a successor arbitrator, the then president of the Pennsylvania Bar Association shall designate the third arbitrator or the successor arbitrator, as the case may be, at the request of either party hereto. Within ten (10) days after a dispute or claim is submitted for arbitration, the arbitrator shall render a decision in writin and the decision in which any two (2) arbitrators shall concur shall in all cases be binding on the parties. The arbitrators shall deliver to the parties duplicate original copies of their decisions on the date rendered. All resulting awards and determinations made by the arbitrators pursuant to the provisions of this section shall be conclusively binding upon all parties hereto and judgments may be rendered thereon. Each party shall pay the fees and expenses of its arbitrator. The fees and expenses of the third arbitrator in connection with each arbitration shall be paid as the arbitrators shall award. 17. It is hereby acknowledged that Seller is represented by the law firm of Myers, Myers, Flower and Johnson of Lemoyne, - 10 - . . Pennsylvania. Seller shall be billed on a quarterly basis for legal services relating to this Agreement and services to be performod hereunder at the rate of Fifty-Five ($55.00) Dollars per hour. Notwithstanding any provision in this Agreement to the contrary it is expressly agreed and understood by the parties hereto that Seller's legal expenses as above set forth shall be paid by Purchaser, together with the costs of the requisite survey and appraisals hereunder. However, in the event that a conveyance is made to Purchaser then all such costs shall be reimbursed to Purchaser at the settlement here- under. If the third party bid is accepted by Seller then all of Seller's costs, to include survey costs, appraisal cost and attorneys' fees to that date shall be immediately reimbursed to Purchaser. If Purchaser elects to exercise her option not to proceed at any specific time that is herein provided for, and Seller within two (2) years of that date conveys to any party then Purchaser shall be entitled to be reimbursed for the hereto set forth advanced costs and expenses at the time of settlement. However, in the event that Seller cannot establish marketable title as evidenced by an adverse Court decision as to either the Quiet Title action or as to action to remove the restrictive covenants then in that event Purchaser shall not be entitled to reimbursement. The decision to appeal any Court decision shall be at the sole option of Purchaser who shall likewise be responsible for the legal costs related to such an appeal and who in a like manner would be entitled to reimbursement of such costs should ultimately a conveyance be obtained as a result of a favorable appellate Court decision. In the event that the ratification of this Agreement as provided for in Paragraph 18 is not obtained then Purchaser shall be entitled to reimbursement of all costs including survey and appraisal fees, together with attorneys' fees, incurred to that date. - 11 - . . .. . lB. This Agreement shall be executed on behalf of the Seller by the appropriate designated officers of the Church council and Board of Trustees. It is further understood and agreed bet~leen the parties hereto that this Agreement is sub- ject to ratification by the members of the congregation of the Seller. a meeting of same to be held on the 26th day of November, 1978, at which time this Agreement shall be presented for such approval. The resolution of approval if made shall be then forthwith attached to this Agreement as Exhibit "B". 19. Notwithstanding any other provisions of this Agreement,' it is agreed by and between the parties hereto that in the event that the Court of Cornmon pleas of cumberland county approves the proposed private sale of the subject real estate but that such approval is specifically conditioned upon purchaser paying an amount equal to the highest appraised value and not the average of the two appraisals then purchaser agrees to pay said amount. The foregoing provision shall be void in the event that the bid submitted by purchaser is in excess of the highest appraisal submitted. 20. If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall to any extent, be invalid or unenforceable, the remainder of this Agreement or the application of such term, covenant or condition to persons or circmnstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and each term, covenant and condition of this Agreement shall be valid and be enforced to the fullest extent permitted by law. Furthermore, each covenant, agreement, obligation and other provision contained in this Agreement is, and shall be deemed and construed as, a separate and independent covenant of the party bound by, undertaking or making the same, and not dependent on any other provision of this Agreement unless expressly so provided. - 12 - \ .' II . Said ~Dle is to be made under and subject to the tLlrJ'1U illld conui tions set forth in an Agreement of Sale, au amendeu, l>y and l>et~leen St. John's Evangelical Lutheran Church and Judith Lifton, dated November 27, 1978. A copy of the Agreement of Sale, as amended, by and between St. John's Evangelical Lutheran Church and Judith Lifton shall be delivered to the secretary and shall be retained in the permanent records of the Church. In the event that the undisclosed third party pur- chaser ~hall submit a bid in excess of the consideration provided for in the Agreement of Sale, as amended, by and bet\~een St. John's Evangelical Lutheran Church and Judith Lifton, then the subject real estate, as des- cribed above, shall be transferred to the purchaser after his or her name shall be disclosed to the Church Council. The President, Vice Pr~sident and Secretary of the congreyation, and the Substituted Trustee, are hereby authorized to execute all documents to effect said trans- fer, to include, but not limited to, the Agreement of Sale with Judith Lifton, the Agreement of Sale with the undisclosed third party purchaser, First Addendum to Agreement of Sale, Petition for Appointment of a Sub- stitute Trustee and Petition to Authorize Sale Under Chapter 83 of the Prol>ate, Estate and Fiduciary Code. Further, it is the desire of the congregation, subject to the approval of a court of competent juris- diction, that the net proceeds derived from said sale be distributed to the Trustees of St. John's Evangelical l.utheran Church of Shiremanstown and a minimum of $100,000.00 be allocated to the Perpetual Care Fund for the St. John's Cemetery and the income derived - 2 - ; I I . . " . . " thet'efroln to be used, in part, for the restoration and perpetual maintenance of the Hanor Cemetery and the ua 1 ance 0 f said proceeds, if any, to be allocated to the Church Endowment Fund and the income derived ; therefrom be used for general church purposes. I, Susan Higgins, Secretary of St. John's Evangelical Lutheran Church, hereby certify that the foregoing Resolution was adopted at the annual Congregational Meeting of the members , of St. John's Evangelical Lutheran Church of Shiremanstown, said Congregational Heeting was held on Sunday, November 26, 1978, and that said Resolution was adopted in accordance with the Bylaws of the Church. .LIlrot-l ,/... 6~f~' (SEAL) Susan mg"ijrrta Secretary St. John's Evangelical Lutheran Church of Shiremanstown Ii , . , . " . . FIRST ADDENDUM TO AGREEMENT OF SALE 'l'lIIS FIRST ADDENDU~I, made and entered into this 27th day of November, 1978, by and bctween ST. JOHN'S EVANGELICAL LUTHERAN CHURCH OF SHIREHANSTOWN, Successor to ST. JOHN'S EVAHGELICAL LUTHI::RAN CHURCH OF HMIPDEN TOWNSHIP, Cumberland County, Pennsylvania, and rmNOR CHURCH (frequently called The German Lutheran Congregation) formerly of East pennsboro Township, Cumberland County, Pennsylvania, a Pennsylvania non- profit association, having its principal offices at 5-7 South Eberly Avenue, Shiremanstown, Cumberland County, Pennsylvania, hereinafter referred to as "Seller", and JUDITH LIFTON of 5270 Strathmore Drive, Hechanicsburg (Hampden Township), Cumberland County, Pennsylvania, hereinafter referred to as "Purchaser", WITNESSETH: mlEREAS, Seller and Purchaser have entered into an Agreement of Sale dated November 27, 19781 and ~nlEREAS, each of the parties hereto desire to amend said Agreemcnt by adding the provisions set forth below to said Agree- mentl and I~HEREM:;, the parties desire to confirm their understanding in writing. HOW, THEREFORE, in consideration of the premises and mutual benefits to be derived therefrom and intending to be legally bound hereby, the parties hereto do hereby mutually agree as follows: l. The Agreemcnt of Sale by and between the parties hereto dated November 27, 1978, pertaining to land more particularly described in Exhibit A of said Agreement, which Agreement, together with Exhibit A, is incorporated herein by reference, is amended with regards to Paragraph 17, by deleting the last .....~. l). '~... .. l,t . \ ~ 1 ~ :~ :\~ ~:~ '.~ . . .. .. . .. c: . . ;. . .. .. ... .. .. t 1 ~ ,......... .. \ \ . . = I Portion of East Pennsboro Township Street Map Showing the Subject Location . ) EAST PENNSBORO SCALE 1".1200' JOSEPH McGRAW . Appraisals. Properly Consul/ants . THIRD and MARKET STREETS, LEMOYNE, P^. s a u ZONIN s T p TOWNSHIP E N N S PLA B 0 E A S T ... E A PENNSBORO - ... -. . JOSEPH McGRAW . Appraisals . Properly Consullanls . THIRD and MARKET STREETS, LEMOYNE, PA HIGHEST AND BEST USE Highest llnd Best Use is defined as "That reasonable and prob- able use that will support the highest present value, as defined, as of the effective date of the appraisal". * After making an analysis of the legal uses under the East Pennsboro Township Ordinance and the neighborhood market demand, we estimate the highest and best use of the property to be for a medical related prof{'sRionlll offic(' hui1din~ contnlning an estimated 5,000 to 7,000 square feet. *Source: "Real Estate Appraisal Terminology" American Institute of Real Estate Appraisers JOSEPH McGRAW . Appraisals. Propttly Consultants . THIRD and MARKET STREETS. LEMOYNE, PA, . . LAND VALUATION BY MARKET DATA APPROACH The Market Data or Comparative Approach calls for appraisal by comparing, weighing and relating sales of similar vacant sites to the land being appraised. A thorough search for recent land transfers in the neighbor- hood produced the following sales: 1. Grantor Grantee Date Location Size Topography Shape Zoning Improvements Utilities Total Consideration I'r ll'l' Pl'" :;11. n. of Land 2. Grantor Grantee Date Location Size Topography Shape Zoning Improvements Richard J. Patterson Cumberland Co. Industrial Development Authority March 10, 1978 Deed Bk. 27-R, page 448 Cumberland County Tax Map Parcel No. 19-1592-7, along the west side of Poplar Church Road across from the service entrance to the Holy Spirit Hospital, East Pennsboro Township, Cumberland County, Penna. 3.75 acres or 163,350 square feet Severe elevation drop from Poplar Church Road level to a natural swale. Irregular Office Apartment Vacant land as of the date of sale. Now improv- ed with a professional office bUilding. Available to the area for extension. Public sewer connection requires pumping facilities. $150,000. $ .92 L. B. Smith Estates Inc. et al Sencit Pennsboro Co. October 20, 1977 Deed Bk: 27-M, pg. 102 210 Senate Avenue (less than ~ mile from the subject), East Pennsboro Township, Cumberland County, Penna. 1.86 acres or 81,022 square feet. Gently rolling topography requiring only mini- mal excavation costs. Irregular Office Apartment Vacant land sale, now improved with the Section 8 housing for the elderly. JOSEPH McGRAW . Appraisals. Properly Consul/ants . THIRD and MARKET STREETS, LEMOYNE, PA. - \ . CORRELATION OF VALUE ESTIMATES Income Approach Not used due to insufficient data. Cost Approach Not considered to be an appropriate methOd to estimate the market value of land. Market Approach $50,000. Based upon the available information, the market approach was considered the only reliable method to estimate market value. After making a thorough analysis of the market condition, we estimate the fee simple rights of real estate on March 5, 1979 to be: Fifty Thousand Dollars _ _ _ - - - - - - - - - ($50,000.) JOSEPH McGRAW . Appraisals' ProperlY Consullants . THIRD and MARKET STREETS. LEMOYNE. fA, ~ . " . . . .. . Dnployment in and compensation for making th1& . ",;, ...> , ;." ,;., .' .;':;;. ::';:".;, -, ; '.' i,',,: " ",,' :. .:: ...., '.', '.':, . "c C'" ':.,' , ";. ">,<,.',:" ".....<:..;> .' ."',:' ::r}'fi~?:~~l ';: ";;; . f~;Y:. ....., . .' ..',:'f ..",' '.' ','. ":::::' .'. . . ;~:;~:'::,}.'':;~,.:.>.<~ ;:'., ,', .' "'.:.;', ~'<,,:" . . ,/;i~"!d, ...<: ,., ; "'\.' ,<;:.\ 1/,:'..:, '. .c.' '" ,:,".::,' c.... .,..,.>v::.:.:......:','. .:.'.::;'j' '.v ..."'.::~:.::>:..,.:;.>:. ,',', ',.,:,; '" "'. c;'. " ,. ,.".. : "".':': . ' ',,'. ':,b~,:{" .', ". ".' .:' ".: ,: ",,' '.:....'..:; ,:-. .'. '.'.:.'. .:,,' :'; '.-,:; , '.i .:' ... ."': ,.:,\:.~. ".' ..... < ...... .' :;'. :i:'\;: "'c'.:,; :.:;, ; '';'t ::1 i> j,!; , , , . '. ,;:i ',' '.' '.' "'f'. '::" '.:, ",' ., .... <:,~,~:'.':;<l;~:!:':;c.., , ?> ::;j;~ i/'; ~:;~,' : ...,: ':'~';"!~~i . ;~j~~i; .:':: i. '~ ;,;~, c" c. '.: :' ::in:'.;~'.-' .. ::'i":;}' .'c..,' '.,,,,:.', :<'i,X". .' .'. . ----." C'." ' : 'f~:l'; . '.'~, .,,'0.;:.: " .:J(' ". ,.'. "..":::.::C: . :,' c',' '.";'>.:'':'',',:., :".?:....~ ' :,.- ::,,';'; i::.:'>':, .... ,. ~,~, ...;, .f, . ":'::';;.' . . ":. , :: 'j ;J~~':"5i: . i~J/..' , .'. ,:.' :,'.' .'. >';"" . :.,: . .", '. :,.:: I " .; '. :.'.', " ,.: ,,; .;/' "'.', ":':.' , .. :~':' .~" . ,'<i:,: .'" , ., :~ ,i~~~; ;'''CI'''. }i.' ,: ( ".: ", . '. ....., .... . ..'; .. ;;. ',.. 0:'(j71~:i)[ ,,:,;' .....; . "d' ..' :;~;~~};:, , ': .:.: ;;' :~ ,;~. ~ ~ .~ 'd>..;, 'ie;,.' ";;,; ::",~ :~' :;::~\:-<J;:::iif~;'.':. '..' .,;' :,~i\\,:..' ,> r;;')~ -', .< ,,;"1.~t~:' ':;:,,; ~<.: " ,. '..:.', ... .;' ,,' .. .', :.,' '. " , :,:.'" "i, :/!:::i;<, ", :i~':;"':;::i~i;, , '~ ::~;::::;: -, <;.. U;,,;,,';:;:~,..):i. ". .." ." .... , . 'I'" ...:,": ,': '", ::-;:'~:::' .; .' ',:." ,;';:' ""'"'' "";:: :':>:'. ",":;:.:.: <i'. ;.:::.;,. .~" :' .:>;'i;:.>,..{> :<,: " . . ". .', " " : ;'. "::).,;;;:;.,<<:.'; "~;: , . . , . '. " .. ,::, . " c' ... :.' -c.... , . . .,..;.\ ::'fi'.'.... :' " t' :, .,'c''- . :.!;;: ::',:~ ':,' ,:'. ," ~S~, . ~" :(~~;:.. , ..: :: ~~;S:> ';'#f;! ", ;~ :~: ' ? :- ';;:,. , ,". .' 'CI . : ':'-':.: ::. :;: ,~,..:..'. '. .... ,:,., :',. ','c.; ...; '. "c'::"c,i '.: ". . '.. .,...;:;.,.... ,... '..-V'. ' '.,....',1 ' .<., '.. '.' :;" :~7; :':,; ~;, ;:,." I.:, ;~':i):: '( . .. .. ...;4 ~: i,' :,::;:;t(\.[:'~.;: '... .'.;. ':..:;:' .,.... ,,:, ;' r; ..\. .. i,'." 'ij. ' ,','.:.:" ,,', r,; " . : G. apprailllll are in no manner contingent upon the value reported, and I certify that I have no finan- cial interest in the property appraised, present or contunplated, or in any mortcJlIge secured thereby.' '1he appraiser has personlllly inspected the property. , ., f. .'. ;;<ij;., {~~, ~: ') . . '( :J, .' ,~,Tf. ,:{~,": ,,:.' ~~1(~~?~r:,~i>r\', t~v _ _ 1. .'~. ~~l ~~'ZiJ~; ~~~~~ ;;,.. ". . ,j .,- .': '", .. . Ill-III E.'/II/c' IIJ Clli,,"lfall/ . ApPrtlbalr ofejler (J. Connor 2150.\/...1.1 SI....., 7'17.(l~H' CO"'I' WII. ro. 17011 QUALIFICATIONS EXPERIENCE: a. Real Estate _ Since 1952 b. Real Estate Management and Mortgage c. Appraising 1. Veterans Administration 2. Federal Housing Administration, Certified Agency Program 3. General Appraising- Residential, Commercial and Industrial 4. Commonwealth of Pennsylvania d. Expert Witness: 1. CUmberland, Dauphin, York and Perry Counties Board of Viewers 2. CUmberland, Dauphin, York and Perry Courts of Common Pleas TRAINING: a. Bloomsburg State College, Business Administration b. Harrisburg Area College Center- Real Estate Appraisal and Financing c. Instructors Clinic, ~diana University, Bloomington, Ind. d. Instructor 1. Appraisal of Apartment Buildings, Society of Real Estate Appraisers 2. Society'S Course 101, II "" " 3. Penn State College Extension, Real Estate Theory and Practice, Real Estate Appraisal I and II 4. Condemnation, American Society of Appraisers MEMBERSHIP: American Institute of Real Estate Appraisers_ MAl Society of Real Estate Appraisers_ SRPA (Pres. '60 and '76) American Society of Appraisers- ASA (Pres. '68) National Association of Review Appraisers- CRA Greater Harrisburg Board of Realtors (Pres. '74) Pennsylvania Real Estate Association (State Director '75) National Association of Real Estate Boards Hampden Township Zoning Board (Pres. '61) CLIENT REFERENCES: Central Pennsylvania Savings Association, Shamokin, Po. Thomas Mortgage Company, Inc., Harrisburg, Pa, Homestead Savings Association, Middletown, Po. Lomss & Nettleton Company, Camp Hill, Pa, Commonwealth National Bank, HarriSburg, Pa. West Shore Savings & Loan Association, Lemoyne, Po. Dauphin Deposit Trust Company, Harrisburg, Po. Other Clients Pennsylvania Department of Highways General Motors Homequity Bell of Pennsylvania QJlf Oil Corpora tion Exxon PPG Industries, Inc. E.I. Ou Pont De Nemours & Co., Inc. M&MDEn: Am.'llcan InIlllul. al Real Eliot. A,'prolM:r.-AlAl American socfcl~ 01 Apptll/,.....-ASA Sodcl~ 01 Real EstoS' A"p'aIIen-SR~A . . AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, JOSEPH McGRAW, a qualified real estate appraiser with my principal office at Third and Market Streets, Lemeyne, Penn- sylvania, being duly sworn according to law, depose and say that I have inspected the l.525 acre tract located in East Pennsboro Township, cumberland county, Pennsylvania, being the real estate proposed to be sold under these proceedings, that I have com- pleted an appraisal as to the fair market value of said real estate, being Fifty Thousand ($50,000.00) Dollars, that I am acquainted with the value of real estate in the locality in which the subject real estate is located, that I have no personal interest in the proposed sale and that, in my opinion, the pro- posed consideration, Fifty Eight Thousand Twe Hundred Fifty ($58,250.00) Dollars is more than can be ebtained at a publiC sale. Sworn to and subscribed before me this ~~ay of l-nCM.oK. ' 1979. ~~1 ~'i~~ - ~.~.f'o.... ~ ~~f-~,(~,I~~3 EXHIBIT "H" r' fe" ~~[ :!'.' .;l:~;:~ . ~~~~:"" ;'!,,~. ',' .~~r '.~ ,r~f::' .:;" ... '.,' , . :.', . ..; ...,' ... ,'<" ,.:. ....,,,:,,'. .' .'.'; " \'" :H'< .>. ';',,"'~ ":I' . '::,,:,', \,' .,L: ". ..... ..: i.", .'.. .:~':: .' : .... . C.:: '..'....;>> . .;'. '.' · '.::r~,:i"~:.:,>.."'., '. ",':.,': ..~'~:'. .\',;' .'( ~ ~.. ..,::'. c...'.::::"...'}, '. ,,' .. .:,: "':'" .....: :.' :':'. '.: "..';', '.... . .... .... . -: .::::', '. . " "......,' ;. .",.': .,," . . ,', :;~ ~'ii,.:tl~A: ,',,;:;tf' ,.:}'(~~ i ~:. ;' , .' < ;.::f::.~:.,:-: ;':'::r :;., y,'! !:' E' '. \, ';'<"':}::;;', ..'......; ,~<' .:: ' ,:' '.' ,.,/,:,,>:." " "'. }.' ....,:.. ,":;:.':::; ". . .:,;....,.":'. ':,:.i/ :~:'. ',",'<.'2:.: ::<;;':~,<':>.:',> .;/ ,.'.'.R,:; "."'::':"".: >,,'..",,' ::t..,: '.','" ....' < ,:'" . . ", · ...'. I::' , . ::,. ':',:'; ':', .,;.;'.',:\'Z. <.... " ." ,'" : ":;: ',"'>' . .. . ... . ....'>. ":.'" ..'. :.. ,,', . :,.' .' 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E-< E" Or>: ~t.?~~H\:l~...:Ift< ,:> ~ is OCll)< o < ~ =- '"'UP ~ P...:I~OZOf"l1-1 I"a ><E-<~~ 0 0 CIlt.1 U~ ~>< ...:IUl ~i ! ~ U QU UJO~ CJ~ .. :c:~U) [-4 "'H ~I~ - LJ::~ "Z" Q~O::JI'" . r>:1il~r-lU ~ - f:Uf.i~":: ~~Hu5 ci 0:;1 r-< P i :3 P III Iil PH i:i ft< t!) r., f"l r<, P~Q ~. ~ I e . III o ,., g~u~ 0 Qt1i~p, ~ IIlgjlIl H ~ Uf"l~ Z Oft< eat>. . ~ ':>CIltIlt.1~l;jH Of"lP~ ... ~s~g '!a-I-1- UIIl II: 00 H E~ P, P, [~ s:>t::~::': CJtI) E-<":: ui E-t U 0 CIlE"OCllIilP.P Zj;!; H:>Q ~ PI:<51iOlllU 0':': E-<Hf"l ~ft< ...:I t:lU UO 'tl) Iilll:f"l HO W ' r.. P,P,Q p,. ! , , . . . ". '. -- . ' " . " , . .' .' . . ST. JOHN'S EVANGELICAL LUTHERAN CHURCH, SHIREMANSTOWN, CUMBERLAND COUNTY, PENNSYLVANIA,: SUCCESSOR TO ST. JOHN'S EVANGELICAL LUTHERAN CHURCH OF HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA AND GERMAN LUTHERAN CONGREGATION OF PENSBOROUGJI TO~mSHIP, CUNBERLAND: COUNTY, PENNSYLVANIA : IN THE COURT OF CO~~ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 19 PETITION FOR APPOINTMENT OF SUBSTITUTE TRUSTEE TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of St. John's Evangelical Lutheran Church, Shiremanstown, Cumberland County, Pennsylvania, by its President, Douglas L. Leber, respectfully represents: 1. By deed dated April 12, 1793, George Wormley and Eliza- beth Wormley, his wife, and Adam Kreitzer and Elizabeth Kreitzer, his wife, conveyed a certain tract of real estate, more speci- fically hereinafter described, to Jacob Wormley and Jacob Rupley as Trustees for the members in communien with the church or school commonly called the Manor Church or School, predecessor to St. John's Evangelical Lutheran Church, Shiremanstown, Cumber- land, Pennsylvania, Petitioner. 2. A copy of the Deed creating the trust, dated April 12, 1793, recerded on ~Iay 12, 1793 in the Office of the Recorder of Deeds of Cumberland County in Deed Book L, Volume 1, Page 309, is attached hereto, marked Exhibit "A" and incorporated herein by reference. In addition, a typed copy of said Deed is attached hereto, marked Exhibit "B" and incorporated herein by reference. 3. That the above-described Deed created said trust by providing as follows: "[T]he said George Wormley and Elizabeth his wife and Adam Kreitzer and Elizabeth his wife hereunto moving have and each and every of them hath granted, bargained Sold, Released and cenfirmed and by these presents do and each and every of them dothe Grant, Bargain, sell, Release and confirm unto the said Jacob Wormley and Jacob Rupley in their actual possession now being by virtue of a bargain and sale to them thereof made by the said Geerge Wormley and Adam Kreitzer by the force of the Statute for trans- ferring uses into pcssesion made and provided and ", -. 1!~(' "r (Jl.." . 0 ""l.. 93 " to their heirs and assigns all that piece or parcel of Ground with the appurtenances situate lying and being in Pensborough Township aforesaid bounded and described as follows to \1it, Beginning at a Chestnut Oak thence South twenty four degrees and a half East twenty two Perches to a White Oak thence South thirty Seven degrees East fourteen Perches to a Post, thence South forty nine degrees East four Perches and two tenths of a Perch to a Post thence North one degree and a half East thirty six Perches to a Post thence South fifty ene degrees and a half West twelve Perches and two Tenths of a perch to a Post thence South thirteen degrees West twelve perches to a Post thence South fifty six and a half West eleven Perches and a half a Perch to the place of Beginning containing two Acres and a half and the reversions, remainders, rents, issues and prefits thereof and of every part and parcel thereof and all the Estate, Right, Title Interest, Trust, property claiD and demand whatsoever of the said George Wormley and Elizabeth his wife and Adam Kreitzer and Elizabeth his wife or either or any of them of in to or out of the same piece or parcel of Ground aforesaid with the appurtenances as of every part and parcel thereof Te have and to hold the said piece of Ground with the appurtenances unto the said Jacob Wormley and Jacob Rupley, their heirs and assigns for ever To and for the uses following that is to say, To and for the use of the members in communion with the Church or School cemmonly called the Manor Church or School in the Township of Pennsborrough aforesaid, and to and for the purpose of a seat for a church or House of Religious Worship for a School or for a Burying ground for the members aforesaid, within the said province pursuant to an Act ef the General Assembly in such case made and provided Intitled 'An act for the enabling religious societies of protestants within the province to purchase lands for a burying grounds, Churches Houses of Worship Schools etc.' And to and for no other use intent or purpose what- soever, and the said George Wormley and Elizabeth his wife and Adam Kreitzer and Elizabeth his wife for themselves their and every of their heirs, Executors and Administrators de Covenant grant and agree to and with the said Jacob Wermley and Jaceb Rupley their and each of their heirs and assigns that they the said George wormley and Adam Kreitzer and their and every of their heirs, the above described piece or parcel of Land hereby granted or mentioned or intended so to be with the Appur- tenances unto them the said Jacob wormley and Jacob Rupley their or either of their heirs and assigns against them the said George Wormley and Adam Kreitzer their and evcry of their heirs and against all and every other person and persons whomseever lawfully claiming or to claim the same or any part or parcel thereof from by or under them, them or any of them shall and will warrant and for every defend by these presents. And the said Jacob Wormley and Jacob Rupley for themselves respectively and their respective Heirs Executers and administra- tors do hereby declare and agree that the grant and release aforesaid made as aforesaid to them their heirs and assigns is not made for their private use benefit and advantage, but only in trust and to the end and intent that the piece or parcel of Ground aforesaid with the appurtenances may from time to -2- u: oJ', .\ f,t". " :r ~:,O '. !H o " . , , , time and for every hereafter be used and enjoyed as and for the site of a Church, or School or House of Religious Worship and burying Ground by the mcmbers in the Communion with the Church and Congregation aforesaid within the province and that the names of the said Jacob Wormley and Jacob Rupley arc only made use of herein for the ends intents and purposes aforesaid. And the said Jacob Wormley and Jacob Rupley for themselves respectively and their respec- tive heirs Executors and Administrators do hereby covenant promise, declare and agree with the said George Wormley and Adam Kreitzer their Executors and administrators in manner following that is to say that they the said Jacob Wormley and Jacob Rupley and their respective heirs Executors and Administrators shall and will from time to time and at all times for evcr hereafter permit and suffer the said piece or parcel of Ground hereby grantcd and released or intended so to be and every part and parcel thereof with the appurtenances to be held and enjoyed by the members in communion with the Church and School aforesaid as and for the Site of a Church or House of ~lorship and burying Ground for members in Communien with the Church aforcsaid within the said Province subject to such to such orders and regulations as may be made by the said Church or Congregation, and also that they the said Jacob Wormley and Jacob Rupley and their respective Heirs Executors and administrators shall and will at any time or times hereafter assign over and release the aforesaid piece or parcel of Ground with the appurtenances and every part or Parcel thereof unto such person and persons as the Honorable incorporated seciety for the propagation of the Gospel shall or may direct or appeint upon the trusts, and to and for the intent and purposes whatsoever." 4. That the said Jacob Wormley and Jacob Rupley, Trustees aforesaid, have both died. Said ~rustees, Jacob l~ormley and Jacob Rupley, did not file an account, no auditor has been ap- pointed and the real estate has never been awarded to any other substituted trustee or trustees. 5. The only party of interest in this matter is St. John's Evangelical Lutheran Church which said church is chartered pursuant to Articles of Incorporation filed with the Prothonotary of Cumberland County on November l8, l873 and approved by your Honorable Court on January 12, 1874. Said Articles of Incorpo- ration or Charter of Incorporation is recorded in the Office of the Recorder of Deeds of Cumberland Ceunty in Miscellaneous Book 3, Page 325. Said Articles of Incorporation or Charter of Incor- poration was recorded as set forth above on January 19, 1874. -3- b' " 1'1" ,Of I J. \to,..1 ~5 '.~ 1 . . . -, " ,- . , ... · ".. , ". . . "."'. , ',. " .' '. .0.'. ". . lit...,. .'. .,,,' . "'~:"".'''''''' 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Deed George Wormley & Adam Kreitzer et uxoss ) ) to Jaceb Wermley & Jacob Rupley ) This Indenture made the Twelth day of Aprile in the year of our Lord one thousand seven hundred and ninety three Between George Wormley of Pensborough in the County of Cumberland and Commonwealth of Pennsylvania yeeman and Elizabeth his wife and Adam Kreitzer of the Township County and State aforesaid yeoman and Elizabeth his wife of the ene part and Jacob Wormley and Jacob Rupley both of the Township ceunty and State aforesaid yeoman of the other part. Witnesseth that the said George wormley and Elizabeth his wife and Adam Kreitzer and Elizabeth his wife as well for and in consideration of the sum of five shillings specie lawful money of Pennsylvania to them and each and every of them well and truly in hand paid by the said Jacob Wormley and Jacob Rupley at and before the ensealing and delivery of these presents the receipt and payment whereof they the said George Wormley and Elizabeth his wife Adam Kreitzer and Elizabeth his wife do hereby severally acknowledge and thereof and of every part and parcel thereof do acquit release and for ever discharge the said Jacob Wormley and Jacob Rupley their Executors and Administrators for settling and assuring the piece or parcel of Ground and Hereditaments herein after mentioned to be granted and released hereby to, for and upon such Uses, Trusts Intents and purposes and subject to such agreements as is here- after expressed and declared of and concerning the same and also for divers other good and valuable causes and consideration the said George Wormley and Elizabeth his wife and Adam Kreitzer and Elizabeth his wife hereunto meving have and each and every of them hath granted, bargained Sold, Released and confirmed and by these presents do and each and every of them dothe Grant, Bargain, sell, Release and confirm unto the said Jacob Wormley and Jacob Rupley in their actual possessions now being by virtue of a bargain and sale to them thereof made by the said EXHIBIT "n" , , 00 .' . eorge Wormley and Adam Kreitzer by the force of the Statute for transferring uses into Possession made and provided and to their heirs and assigns all that piece or parcel of Ground with the appurtenances situate lying and being in Pensborough Township aforesaid bounded and described as follows to wit, Beginning at a Chestnut Oak thence South twenty four degrees and a half East twenty two Perches to a White Oak thence South thirty Seven degrees East fourteen Perches to a Post, thence South forty nine degrees East four Perches and two tenths of a Perch to a Post thence North one degree and a half East thirty six Perches to a Post thence South fifty one degrees and.a half West twelve Perches and two Tenths of a perch to a Post thence South thirteen degrees West twelve perches to a Post thence South fifty six degrees and a half West cleven Perches and a half a Perch to the place of Beginning containing two Acres and a half and the reversions, remainders, rents, issues and pro- fits thereof and of every part and parcel thereof and all the Estate, Right, Title, Interest, Trust, Property claim and demand whatsoever of them the said George Wormley and Elizabeth his wife and Adam Kreitzer and Elizabeth his wife or either or any of them of in to or out of the same piece or parcel of Ground aforesaid with the appurtenances as of every part and parcel thereof To have and to hold the said piece of Ground with the appurtenances unto the said Jacob Wormley and Jacob Rupley, their heirs and assigns for ever To and for the uses follewing that is to say, To and for the use of the members in Communion with the Church or School commonly called the Manor Church or School in the Township of Pennsborrough aforesaid, and to and for the purpose of a seat for a church or House of Religious Worship for a School or for a Burying ground for the members aforesaid, within tho said Province pursuant to an Act of the General Assembly in such case made and Provided Intitled "An act for the enabling religious societies of Protestants -2- , . "0 ," . . within the Province to purchase lands for a burying grounds, Churches, Houses of Worship Schools etc." And to and for no other use intent or purpose whatsoever, and the said George Wormley and Elizabeth his wife and Adam Kreitzer and Elizabeth his wife for themselves their and every of their heirs, Executors and Administrators do Covenant grant and agree to and with the said Jacob Wormley and Jacob Rupley their and each of their heirs and assigns that they the said George Wormley and Adam Kreitzer and their and every of their heirs, the above described piece or parcel of Land hereby granted or mentioned or intended so to be with the Appurtenances unto them the said Jaceb Wormley and Jacob Rupley their or either of their heirs and assigns against them the said George Wormley and Adam Kreitzer their and every of their heirs and against all and every other person and persons whomseever lawfully claiming or to claim the same or any part or parcel thereof from by or under them, them or any of them shall and will warrant and for ever defend by these presents. And the said Jacob Wormley and Jacob Rupley for them- selves respectively and their respective Heirs Executors and administrators do hereby declare and agree that the grant and release aforesaid made as aforesaid to them their heirs and assigns is not made for their Private use benefit and advantage, but only in trust and to the end and intent that the piece or parcel of Ground aforesaid with the appurtenances may from time to time and for ever hereafter be used and enjoyed as and for the site of a Church, or Schoel or House of Religious Worship and burying Ground by the members in the Communion with the Church and Congregation aforesaid within the province and that the names of the said Jacob Wormley and Jacob Rupley are only made use of herein for the ends intents and purposes aforesaid. And the said Jacob Wormley and Jacob Rupley for themselves respectively and their respective heirs Executors and Administrators do hereby covenant promise, declare and agree -3- , , " " . . . with the said George Wormley and Adam Kreitzer their Executors and administrators in manner following that is to say that they the said Jacob Wormley and Jacob Rupley and their respec- tive heirs Executors and Administrators shall and will from time to time and at all times for ever hereafter permit and suffe the said piece or parcel ef Ground hereby granted and released or intended so to be and every part and parcel thereof with the appurtenances to be held and enjeyed by the members in communion with the Church and School aforesaid as and for the Site of a Church or House of Worship and burying Ground fer members in Communion with the Church aforesaid within the said Province subject to such to such orders and regulations as may be made by the said Church or Congregation, and also that they the said Jaceb Wormley and Jacob Rupley and their respective Heirs Executors and administrators shall and will at any time or times hereafter assign ever and release the aforesaid piece or parcel of Ground with the appurtenances and every part or Parcel thereof unto such person and persons as the Honorable incorporated society for the propagation of the Gospel shall or may direct or appoint upon the trusts, and to and for the intent and purposes whatsoever In witness whereof the Parties to these presents have hereunto interchangeably set their hands and seals the day and year first above written Sealed and delivered in the Presence of us Simon Hailman, Jacob Colp ) George Wormley (Se 1) ) her ) Elizabeth X Normley (Se 1) mark Adam Kreitzer (Se 1) Elizabeth Kreitzer (Se 1) Received in the day of the date of the above written Indenture from the above named Jacob Wormley and Jacob Rupley the sum of five shillings specie it being in full for the consideration money above mentioned. 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