HomeMy WebLinkAbout10-27-08 (2)15056041147
REV-1500 ~ (06-05) OFFICIAL USE ONLY
PA Department of Revenue
• ? un ear i e um
Bureau of Individual Taxes INHERITANCE TAX RETURN
Po sox.2aosol RESIDENT DECEDENT 2 1 0 8 0 2 6 0
' Harrisburg, PA 17128-0601
Social Security Number Date of Death Dabs of Birth
168018593 02132008 05161917
Decedents Last Name Suffix Decedent's First Name MI
BRIICB CHARLES F
(lf Applicable) Enter Surviving Spouse's Information Below
Spouse's Last Name Suffix Spouse's First Name MI
Spouse's Sodal Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
FILL IN APPROPRIATE OVALS BELOW
® 1. Original Return p 2. Supplemental Return L] 3. Remainder Return (date of death
prforto 12-13-82)
~] 4. Limited Estate 0 4a, Future Interest Compromise ~ 5. Federal Estate Tax Return Required
(date of death after 12-12-82)
® g, Decedent Oled restate
(Attach Copy of ywlq O ~, Decedent Maintained a Living trust
(Attach Copy of Trust) ], 8. Total Number of Safe De
posit BOXES
~ 9. LlUgatlon Proceeds Received 0 10. S~ a~ tP2~ t e~ndki~-9 ~ d~~ p 11.Elect)on to tax under' Sec. 9113(A)
(Attach Sch. O)
ame ~ Daytime T®lephone Number
DALE F SHVC3HART, JR. ESQIIIRS 7172414311
Firm Name (If A licable)
PP
First Ilne of address
10 1i88T HIGH STREET
Second Ilne of address
City or Post Offtce State aP Code
CARLISLE PA 17013
Correspondent's e-mail address:
' ~~ /f' 1 Dale F Shughart, Jr. Esquire
REGISTER OF WILLS USE ONLY
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DATE
10 West High Street, Carlisle, PA 17043
Side 1
15056041147 15056041147 J
13121 Greenoble Drive, Rockville, MD 20853
O
~~ `~
~ ~~
15056042148
. '
REV 1500 EX
Decedents Social Security Number
oeceasM~e name: BRUCE , CHARLES F . 16 8 018 5 9 3
RECAPITULATION
1. Real Estate (schedule A) .......................................................................................... 1. 2 7 7, 5 0 0. 0 0
2. Stocks and Bonds (Schedule e) ............................................................................... 2. 4 8 4, 9 7 9. 2 2
3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C).......... 3.
4. Mortgages & Notes Receivable (Schedule D) .......................................................... 4.
5. Cash, Bank Deposits i~ Miscellaneous Personal Property (Schedule E) ................ 5. 4 7 1 , 12 3 . 4 5
6. Jointly Owned Property (Schedule F) p Separate Billing Requested ............. 6.
7. Inter-Vivos Transfers 8 Miscellaneous Non-Probate Properly
(Schedule G) p Separate Billing Requested ............. 7. 15 , 0 0 0 . 0 0
8. Total Gross Assets (total Lines 1-7) ....................................................................... g. 1, 2 4 8, 6 0 2. 6 7
9. Funeral Expenses & Administrative Costs (Schedule H) ......................................... 9. 3 2 , 0 4 7 . 5 1
10. Debts of Decedent, Mortctage Liabilities, & Liens (Schedule I) ................................ 10. 1 1 , 6 9 9 . 6 2
11. Total Deductions (total Lines 9 & 10) ...................................................................... 11, 4 3 , 7 4 7.13
12. Net Value of Estate (Line 8 minus Line 11) ............................................................. 12, 1 , 2 0 4 , 8 5 5 . 5 4
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which
an election to tax has not been made (Schedule J) ................................................. 13.
14. Net Value Subject to Tax (Line 12 minus Line 13} ................................................. 14, 1 , 2 0 4 , 8 5 5 . 5 4
TAX COMPUTATION -SEE INSTRUCTIONS FOR APPLICABLE RATES
15. Amount of Line 14 taxable
at the spousal tax rate, or
transfers under Sec. 9116
(ax1.2) X .00 15.
1 B. Amount of Line 14 taxable
at lineal rate X .045 1, 2 0 4, 8 5 5. 5 4 16, 5 4 , 2 18.5 0
17. Amount of Line 'f~ faxable
at sibling rate X .12 17.
18. Amount of Line 14 taxable
at collateral rate X .15 18.
19. Tax Due ..................................................................................................................... 19. 5 4 , 218.5 0
20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT. ^
Side 2
1505604214$ 15056042148
~ REV-1500 EX Page 3 File Number 21 - 08 - 0260
Decedent's Complete Address:
• Bruce, Charles F.
Green Ridge Village
410 Big Spring Road
Newville PA 17241
Tax Payments and Credits:
1. Tax Due (Page 1 Line 19)
2. Credits/Paymenffi
A. Spousal Poverty Credit
B. Prior Payments
C. Discount
3. Interest/Penalty if applicable
p, Interest
E. Penalty
Total Credits (A + B + C)
Total Interest/Penalty (D + E)
4. If Line 2 is greater than Line 1 + Llne 3, enter the difference. This is the OVERPAYMENT.
Check box on Page 2 Line 20 to request a refund
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE.
A. Enter the interest on the tax due.
g, Enter the total of Line 5 + 5A. This is the BALANCE DUE.
(1) 54,218.50
(2) 50,000.00
(3) 0.00
(4)
(5) 4,218.50
(SA)
(5B) 4,218.50
Make Check Payable to: REGISTER OF WILLS, AGENT
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Did decedent make a transfer and: Yes No
a. retain the use or income of the property transferred :.................................................................................. x
b. retain the right to designate who shall use the property transferred or its income :.................................... x
c. retain a reversionary interest: or .................................................................................................................. x
d. receive the promise for life of either payments, benefits or care? .............................................................. x
2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without
receiving adequate consideration? ....................................................................................................................... ~ ^
3. Did decedent own an °in trust for or payable upon .death bank account or security at his or her death?......... ^ ^x
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which
contains a beneficiary designation? ...................................................................................................................... ^
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN
For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers In or for the use of the
surviving spouse is three (3) percent [72 P.S. §91 i6 (a) (1.1) (i)].
For dates of death on or after January 1,1995, the ffix rate Imposed on the net value of transfers to or for the use of the surviving spouse is zero
(0) percent [72 P.S. §9116 (a) (1.1) (lip. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements
for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficary.
For dates of death on or after July 1, 2000:
The tax rate Imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a
natural parent, an adoptive parent, or a stepparent of the child is zero (0) percent [72 P.S. §9116 (a) (1.2)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is four and one-half (4.5) percent,
except as noted in 72 P.S. §9116 1.2) [72 P.S. §9116 (a) (1 p.
The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is twelve (12) percent [72 P.S. §9116 (a) (1.3)]. A
sibling is deftned under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption.
2,500.00
i
SCHEDULE A ,
REAL ESTATE (('I
COMMdJWEALTH OF PENNSYLVANIA
INHERITANCE TA%RETURN
~ RESIDENT DECEDENT I
I
i
FILE NUMBER
ESTATE OF Bruce, Charles F. ! 21 - 0$ - 0260
All real property owned sole)y or as a tenant in common must be n3 orted at fair market value. Fair market value is defined as the price
at which property would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both having
reasonable knowledge of the relevant facts. Real property which is jointly-owned with right of survivorship must be disclosed on
schedule F.
ITEM DESCRIPTION VALUE AT DATE OF
NUMBER DEATH
1 An undivided one-half ownership interest, as tenant in common, of three tracts of unimproved 277,500.00
land at Kutz Road and Hosfelt Road, Penn Township, Cumberland County, PA being: Parcel
#31-10-0624-046, containing 6.75 acres; Parcel #31-10-0624-048, containing 53.86 acres;
Parcel #31-10--0624-049 containing 21.27 acres. valued in accordance with attached appraisal
of Larry E. Foote.
Deed reference: Deed Book 167, Page 651, dated 11/10/97.
TOTAL (Also enter on Line 1, Recapitulation) 277,500,00
SCHEDULE B
STOCKS & BONDS
~ COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN j
RESLDENT DECEDENT
FILE NUMBER
ESTATE OF Bruce, Charles F. ', 21 - 08 - 0260
All property jointiy-owned with right of survivorship must be disclosed on Schedule F.
ITEM DESCRIPTION ~ UNIT VALUE VALUE AT DATE OF
NUMBER DEATH
1 1400 shares ALLEGHENY ENERGY INC, common stock, CUSIP 52.86 74,004.00
#017361106) ~ 52.86
2 200 shares BOEING CO, common stock, 84.82 17,044.00
CUSIP #097023105) ~ 84.82 (16,964A0)
x div $80
3 50 shares CBS CORP NEW CL B, 25.255 ~ 1,262.75
CUSIP #124857202 ~ 25.93
4 500 shares DELPHI CORP, common stock, ' 0.135 67.50
CUSIP # 247126105 t~ 0.135
5 100 shares DUN & BRADSTREET CORP DEL NEW, common stock, CUSIP, 89.54 8,954.00
#26483E100)
6 500 shares GENERAL ELECTRIC CO, common stock, 34.845050 17,422.53
CUSIP #369604103 ~ 34.845050
7 400 shares GENERAL MTRS CORP, common stock, 26.615 10,646.00
CUSIP #370442105 X26.35 x dividend 35 cents per share (26.615)
8 400 shares GOODRICH CORP, common stock, 61.345 24,538.00
CUSIP #382388106 ~ 61.345
9 300 shares JOHNSON & JOHNSON, common stock, 63.17 18,951.00
CUSIP #4781601049 ~ 63.170
10 100 shares LOCKHEED MARTIN CORP, common stock, CUSIP ~. 108.08 10,808.00
#539830109 ~ 108.08
TOTAL (Also enter on line 2, Recapitulation) 484,979.22
' SCHEDULE B
STOCKS & BONDS
COMMONWEALTH OF PENNSYLVANIA
• 1NHERRANCETAxREruRN continued
RESIDENT DECEDENT
ESTATE OF Bruce, Charles F.
All property jointly-owned with right of survivorship must tie disclosed on Schedule F.
ITEM DESCRIPTION
NUMBER
11 474 shares M & T Bank Corp, common stock,
CUSIP #55261 F104 ~ 87.595
12 400 shares MOODYS CORP, common stock,
CUSIP #615369105 ~ 39.195
13 800 shares MOTOROLA INC, common stock,
CUSIP #620076109 ~ 11.66
14 600 shares NCR CORP NEW, common stock,
CUSIP #62886E108 ~ 23.15
15 1000 shares PEPCO HOLDINGS INC, common stock,
CUSIP #713291102 ~ 26.293750
16 4 shares PIPER JAFFRAY COS, common stock,
CUSIP #724078100 ~ 43.295
17 3000 PPL CORP, common stock,
CUSIP #69351 T 106 ~ 48.230
18 40 shares R H DONNELLEY CORP, common stock,
CUSIP #74955W307 ~ 19.86
19 100 shares SYNOVUS FINL CORP, common stock,
CUSIP #871610105 ~ 12.220
20 600 shares TERADATA CORP DEL, common stock,
CUSIP #88076W103 ~ 23.025
21 48 shares TOTAL SYS SVCS INC, common stock,
CUSIP #891906109 ~ 22.615
FILE NUMBER
21 - 08 - 0260
UNIT VALUE ~ VALUE AT DATE OF
i DEATH
87.595 41,520.03
39.195 15,678.00
11.66 9,328.00
23.15 13,890.00
26.29375 26,293.75
43.295 173.18
4$.230 144,690.00
19.86 794.40
12.220 1,222.00
23.025 13,815.00
22.615 1,085.52
Page 2 of Schedule B
a .. SCHEDULE B
~~~~~~ ~ ~~~~~
CCMMCNWEALTH OF PENNSYWANIA
~ 1NNERITANCE TAX RETURN continued
RESIDENT DECEDENT
-_.- ...--_ ___~ . _ ._ -_ _ ___.. _...._ _ - _--
FILE NUMBER ~__~rr
ESTATE OF BCUC@, Char~2S F. 21 - 08 - 0260
All property joiMiy-owned vrfth right of survivorship must be disclosed on Schedule F.
ITEM
__._
- _ _ _ - - --
_._..__..._ DESCRIPTION - - - __-__--- _._--_--.
UNIT VALUE ____ .... __.
VALUE AT DATE OF
NUMBER DEATH
22 412 shares US ANCORP DEL, common stock 32.665 13,457.98
CUSIP #902973304 ~ 32.665
23 50 shares VIACOM INC NEW 40.765 2,038.25
CUSIP #92553P201 ~ 40.765
24 200 shares EM CO, common stock, 80.495 16,099.00
CUSIP #88579Y101 ~ 80.495
25 195 shares ALCATEL-LUCENT, 6.135 1,196.33
CUSIP #013904305 ~ 6.135
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
°O"'"A0N`"~^'-TMOFPEN"~"^"'^ PERSONAL PROPERTY
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF Bruce, Charles F. FILE NUMBER
21 - 08 - 0260
Include the proceeds of litigation and the date the proceeds were received by the estate. Ali property jointly-owned with the right of
survivorship must be disclosed on schedule F.
ITEM
NUMBER DESCRIPTION VALUE AT DATE OF
DEATH
1 Furniture valued in accordance with attached appraisal of Allysa Loney. 60.00
2 1994 Mercedes-Benz automobile, valued in accordance with attached Kelley Blue Book 4,500.00
valuation.
3 Members 1st FCU, Power of Attorney Accounts #9876 1,852.19
Checking: Principal 1,852.19
Accrued 'interest -0-
4 Members 1st FCU, Power of Attorney Accounts#9876 37,188.14
Savings: Principal 37,188.14
Accrued interest -0-
5 M & T Bank, Money Market Account #2003069 380,021.65
Principal 367,878.87
Accrued interest 12,142.78
6 Presbyterian Homes, refund on Residency Agreement. 40,562.50
7 Connecticut Imaging, refund 40.47
8 Defense Finance and Accounting Service, final military retirement pay 6,898.50
I TOTAL (Also enter on Line 5, Recapitulation) ~ 471,123.45
COMMONWERLTH OF PENNSYLVANIA SCHEDULE G
INHERITANCE TAX RETURN INTER-VIVOS TRANSFERS &
RESIDENT DECEDENT MISC. NON-PROBATE PROPERTY
__ _
__
ESTATE OF Bruce, Charles F. FILE N2MB08 - 0260
.._
___
This schedule must be completed and filed if the answer to any of questions 1 through 4 on page 2 is yes.
._
ITEM DESCRIPTION OF PROPERTY DATE OF DEATH % ~ EXCLUSION
NUMBER Include the name of the transferee, their relationship to decedent VALUE OF ASSET DECD'S (lF APPLICABLE TAXABLE VALUE
and the date of trensier. Attach a copy of the deed for real estate. INTEREST ~
1 Chad F. Bruce, son 6,000.00 100% 3,000.00 3,000.00
6/20/07, cash gift, Ck #908
2 Chad F. Bruce, son 6,000.00 6,000.00
12/21/07, cash gift, Ck #911
3 Chad F. Bruce, son 6,000.00 6,000.00
02/06/08, cash gift, Ck #912
TOTAL (Also enter on line 7, Recapitulation) 15,000.00
5CI-~DULE H
caat-AONwEwTN of PENNSVwANIA ~~~' w w / &~+
INHERITANCE TAX RETURN ~~N~ 1 1 WTIY G ~ 1 ~7
RESIDENT DECEDENT
ESTATE OF Bruce, Charles F. 21 - 08 - 0260
Debts of decedent must be reported on Schedule t.
NUMBER FUNERAL EXPENSES: DESCRIPTION AMOUNT
A. 1 Auer Memorial Home and Cremation Services, Inc., cremation 1,380.00
B. ADMINISTRATIVE COSTS:
1. Personas Representative's Commissions
Social Security Number(s) / EIN Number of Per3onal Representative(s):
Street Address
City State Zip
Year(s) Commission paid
2. Attome~s Fees Dale F. Shughart, Jr. (estimated)
3, Family Exemption: (If decedents address is not the same as claimant's, attach expianatlon)
Claimant
Street Address
CIty State Zip
RefaHonship of Claimant in Decedent
4. Probate Fees Register of Wills (paid 240 owe 600)
5. Accountant's Fees
6. Tax Retum Prepare-'s Fees (estimated) 2008 and Fiduciary
7. Other Administrative Costs
1 Cumberland Law Journal, advertise
20,000.00
840.00
1,000.00
75.00
TOTAL (Also enter on line 9, Recapitulation) 32,047.51
.. ,
Shcadt~ie H
Ftlr>~eral E~q~erl~es &
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN ~~ ^~ .....+• ...a
VW73 ~.7~1 ~ 1YO~~
RESIDENT DECEDENT
ESTATE OF Bruce, Charles F.
21 - 08 - 0260
2 The Sentinel, advertise 150.64
3 IBIS Appraisal Services, appraise personal property 60.00
4 Diversified Appraisal Services, appraise real estate 325.00
5 Register of Wills, Short Certificates 20.00
6 M 8 T Bank, drilling safe deposit box 150.00
7 M Z3< T Bank, safe deposit box rental 40.00
8 Cumberland Perry Abstract, bring down title search 28.50
9 Postmaster, certified mail 6.00
10 Recorder of Deeds, deed recording 73.50
11 Bonnie Coyle, notary fees 30.00
12 Register of ~Ils, filing inheritance tax return and inventory 30.00
13 Chad F. Bruce, reimburse out of pocket expenses, mileage, telephone, postage 506.00
14 Mable Stitt, Tax Collector, 2008 county and township real estate taxes. 127.49
15 M & T Bank, management fees on invested assets to 9/15/08. 5,345.18
16 Larry HofFinan, preparing 2007 income tax returns 200.00
17 Chesapeake Exxon, auto inspection 69.00
18 Cassius Mullen Repair Service, vehicle repairs 541.36
19 Merchant Tire Auto Center, vehicle repairs 333.44
20 Maryland Department of Motor Vehicles, transfer and register vehicle 216.40
Page 2 of Schedule H
Sd~ed~ie H
' funeral E>~ert~ &
COMMONWEALTH OF PENNSYLVANIA wy~
INHERITANCE TAX RETURN rM.a"
RESIDENT DECEDENT
ESTATE OF Bruce, Charles F. 21 - 08 - 0260
21 Register of Wills, reserve for accounting 500.00
Page 3 of Schedule H
` ,.
COMMONWEALTN OP PENNSYLVANu
INHERITANCE TA% RETURN
~ RESIDENT DECEDENT
SCHEDULEI
DEBTS OF DECEDENT, MORTGAGE
LIABILITIES, & LIENS
FlLE NUMBER
ESTATE OF BrUCe, Charles F. 21 - 08 - 0260
Include unreimbursed medical expenses.
ITEM DESCRIPTION AMOUNT
NUMBER
1 Special Event Emergency Medical Services, Inc., ambulance 138.03
2 Green Ridge Village, nursing care 4,243.01
3 Carlisle HMA Physician Management, doctor bill (21.41 8~ 48.51) 69.92
4 Kinetic Image, medical bill 11.74
5 Health Network Laboratories, medical bill 13.00
6 Continuing Care RX, medicine 883.34
7 United States Treasury, 2007 personal Federal Income Taxes 2,314.00
8 PA Department of Revenue, 2007 personal State Income Taxes. 3,068.00
9 M & T Bank, management fees on invested assets. 787.88
10 U.S. Treasury 2006 personal Federal Income taxes 170.70
TOTAL (Also enter on Line 10, Recapitulation) I 11,699.62
fiEV-1513 EXa (9-00~ ,
SCHEDULE J
COMMONWEALTH OF PENNSYLVANIA BENEFICIARIES
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF :, FILE NUMBER
Bruce, Charles F. 21 - 08 - 0260
RELATIONSHIP TO SHARE OF ESTATE AMOUNT OF ESTATE
NUMBER NAME AND ADDRESS OF PERSON(S) DECEDENT (Words) ($$$)
RECEIVING PROPERTY Do NotLlstTrustee(a)
I~ TAXABLE DISTRIBUTIONS [include outright spousal
distributions, and transfers
under Sec. 9116 (a) (1.2)] '
1 Chad F. Bruce Son One hundred
13121 Greenoble Drive percent
Rockville, MD 20853 100%
Enter dollar amounts for distributions shown above on lines 15 through 18, as appropriate, on Rev 1500 cover sheet
II. NON-TAXABLE DISTRIBUTIONS:
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS
NOT BEING MADE
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
TOTAL OF PART 11 -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET 0.00
__
~ i
~_ ~
APPRAISAL REPORT
VACANT LAND IN PENN TWP.
CUMBERLAND COUNTY, PA.
PREPARED FOR
THE ESTATE OF CHARLES F. BRUCE
BY
LARRY E. FOOTE
DIVERSIFIED APPRAISAL SERVICES
35 EAST HIGH STREET, SUITE 101
CARLISLE, PENNSYLVAr1IA
17013-3052
(717) 249-2758
COPY
~ Y
f r ,
SifMMARY OF Il1ZL'ORTANT FACTS AND CONCLUSIONS
LOCATION: Kutz Road and Hosfelt Road
Penn Township
Cumberland County, Pennsylvania
TAX PARCEL NUMBERS: 31-10-0624-045, 048 and 049
DESCRIPTION: A 5.75-acre, 53.86-acre and 21.27-acre tract of vacant
land.
PROPERTY RIGHTS: Fee simple interest.
OWNERSHIP HISTORY: The subject property is owned by the Charles F. Bruce.
The property. was acquired on November 10, 1997 for a
reported consideration of $1.00 and ownership transferred
on Deed Book 167, Page 651.
SCOPE OF THE ASSIGNMENT: The scope of the assignment included an analysis of the
subject's area, an inspection of the subject property, an
estimation of the property's highest and best use,
consideration of all three approaches to value, and the
application of those relevant to the valuation of the
subject.
OBJECTIVE: To estimate the market value of the one-half tenant in
common interest in the subject property as unencumbered.
EFFECTIVE DATE: As of February 13, 2008.
HIGHEST AND BEST USE: Development into two farmettes.
COST APPROACH: N.A.
SALES APPROACH: $277,500 (one-half interest)
INCOME APPROACH: N.A.
FINAL VALUE CONCLUSION: $277,500 (one-half interest)
2
t'
APPRAISAL CERTIFICATION
I hereby certify that upon application for valuation by:
THE ESTATE OF CHARLES F. BRUCE
the undersigned personally inspected the following described property:
All those certain three tracts of land situate in Penn Township, Cumberland County,
Pennsylvania, bounded and described as follows:
TRACT NO. 1: Beginning at an iron pin at corner of Lot No. 1 on the hereinafter
mentioned Plan of Lots in line of land now or formerly of Ralph A. Bream; thence by said Lot
No. 1 North 24 degrees 42 minutes 54 seconds West 439.65 feet to an iron pin; thence by the
same South ?0 degrees 24 minutes 39 seconds West 584.98 feet to an iron pin in line of Lot
No. 3 on the hereinafter mentioned Plan of Lots; thence by said Lot No. 3 North 14 degrees 40
minutes 14 seconds West 207.26 feet to an iron pin in line of land now or formerly of Ralph A.
Bream; thence by said land now or formerly of Ralph A. Bream North 16 degrees 45 minutes
00 seconds West 199.65 feet to an iron pin; thence by the same North 65 degrees 30 minutes 00
seconds East 685.31 feet to an iron pin, the place of beginning. Containing 6.75 acres, more or
less and being Lot No. 2 on the Subdivision Plan for Charles F. and Nlildred T. Bruce, dated
November 1, 1989, and recorded in the Office of the Recorder of Deeds in and for Cumberland
county in Plan Book 59, Page 94.
TRACT N0.2: Beginning at a railroad spike in the right-of--way of Kutz Road, on the
northern edge of the right-of-way for Interstate Route 81; thence by the northern right-of-way
line of I-81 by a curve to the left with a radius of 5,859.65 feet, an arc length of 514.09 feet to
an iron pin; thence by the same South 4? degrees 07 minutes 20 seconds West 998.81. feet to an
iron pin; thence by a curve to the left with a radius of 3,689.83 feet, an arc length of 159.32 feet
to a point; thence by the same North 40 degrees 24 minutes 14 seconds West 10.00 feet to a
point; thence by the same by a curve to the left with a radius of 3,679.83 feet, an arc length of
192.67 feet to an iron pin; thence by the same North 37 degrees 24 minutes 14 seconds West
20.00 feet to a point; thence by the same by a curve to the left with a radius of 3,459.83 feet, an
arc length of 239.53 feet to a point; thence by the same South 33 degrees 39 minutes 15
seconds East 30.00 feet to an iron pin; thence by the same by a curve to the left with a radius of
3,689. $3 feet an arc length of 186.66 feet to a point; thence by the same South 59 degrees 14
minutes 40 seconds West 268.62 feet to an iron pin at corner of land now or formerly of
Richard Mains Corporation; thence by said land now or formerly of Richard Mains Corporation
North 24 degrees 25 minutes 43 seconds West 1,717.40 feet to an iron pin at corner of land
now or formerly of Ralph A. Bream; thence by said land now or formerly of Ralph A. Bream
North 68 degrees 15 minutes 00 seconds East 750.48 feet to an iron pin in line of Lot No. 2 on
the hereinafter mentioned Plan of Lots; thence by said Lot No. 2 South 14 degrees 40 minutes
14 seconds East 207.26 feet to an iron pin at corner common to Lot Nos. 1 and 2 on the
3
~'
hereinafter mentioned Plan of Lots; thence by said Lat No. 1 South 11 degrees 03 minutes 43
seconds West 69.75 feet to an iron pin; thence by the same South 38 degrees 55 minutes 53
seconds East 44.78 feet to an iron pin; thence by the same South 65 degrees 33 minutes 18
seconds East 61.84 feet to an iron pin; thence by the same South 74 degrees 49 minutes OS
seconds East 49.96 feet to an iron pin; thence by the same South 84 degrees O 1 minutes 02
seconds East 69.45 feet to an iron pin; thence by the same South 87 degrees 13 minutes 59
seconds East 159.81 feet to an iron pin; thence by the same South 78 degrees 34 minutes 19
seconds East 60.37 feet to an iron pin; thence by the same North 69 degrees 32 minutes 42
seconds East 451.12 feet to an iron pin; thence by the same South 24 degrees 42 minutes 54
seconds East 184.30 feet to an iron pin; thence by the same North b8 degrees 19 minutes 13
seconds East 176.70 feet to an iron pin; thence by the same North 67 degrees 32 minutes 08
seconds East 207.37 feet to an iron pin; thence by the same North 43 degrees 49 minutes 47
seconds East 95.01 feet to an iron pin; thence by the same North 41 degrees 34 minutes 41
seconds East 370.19 feet to a railroad spike on the eastern edge of Kutz Road; thence along
land now or formerly of Ralph A. Bream and within the right-of-way for said Kutz Road South
47 degrees 30 minutes 54 seconds East 491.08 feet to a railroad spike in the right-of--way of
Kutz Road, the piece of beginning. Containing 53.86 acres, more or less, and being Lot No. 3
on the Subdivision Plan for Charles F. and Mildred T. Bruce, dated November 1,1989, and
recorded in the Office of the Recorder of Deeds in and for Cumberland county in Plan Book 59,
Page 94.
TRACT N0.3: Beginning at a railroad spike in the right-of--way of Kutz Road,
Township Road T-432 at comer of land now or formerly of Douglas R. Kutz; thence by slaid
land now or formerly of Douglas R Kutz South 68 degrees 21 minutes 52 seconds West
2,457.25 feet to an iron pin on the southern right-of--way line of Interstate Route 81; thence by
the southern right-of-way line of said I-81 by a curve to the left with a radius of 3,999.83 feet,
an arc length of 691.43 feet to an iron pin; thence by the same North 47 degrees 07 minutes 20
seconds East 285.07 feet to an iron pin; thence by the same North 42 degrees 52 minutes 40
seconds West 50.00 feet to a point; thence by the same North 47 degrees 07 minutes 20 seconds
East 713.11 feet to a point; thence by the same to a curve to the left with a radius of 5,599.65
feet, an arc length of 535.59 feet to a railroad spike in the right-of--way of Katz Road; thence
within the right-of--way of Katz Road and along land now or formerly of Ralph A. Bream South
47 degrees 30 minutes 54 seconds East 857.89 feet to a railroad spike in the right-of-way of
Kutz Road, the place of beginning. Containing 21.27 acres, more or less.
To the best of my knowledge and belief the statements contained in this report are true
and correct, and that neither the employment to make this appraisal nor the compensation is
contingent upon the value reported, and that in my opinion the Market Value of the one-half
interest in the subject property, as of February 13, 2008, is:
TWO HUNDRED SEVENTY SEVEN THOUSAND FIVE THOUSAND DOLLARS
$277,500
The property was appraised as a whole, subject to the contingent and limiting conditions
4
S ~
outlined herein.
~-~ J
Larry E. Foote
Certified General Appraiser
GA-U00(114-L
t
PURPOSE OF THE APPRAISAL
The purpose of this appraisal is to estimate the Market Value of the one-half interest of
the subject property as of February 13, 2008.
Mazket Value, as defined by the courts, is the most probable price estimated in terms of
money which a property will bring if exposed for sale in the open market, allowing a
reasonable time finding a purchaser who buys with knowledge of all the uses to which it is
adapted and for which it is capable of being used
Frequently, it is referred to as the price at which, a willing seller would sell and a willing
buyer would buy, neither being under abnormal pressure.
HIGHEST AND BEST USE
Highest and Best Use is defined by the Appraisal Terminology and Handbook,
published by the Appraisal Institute, as "the most profitable likely use to which a property can
be put". The opinion of such use may be based on the highest and most profitable continuous
use to which the property is adapted and needed, or likely to be in demand, in the reasonable
near future.
However, elements affecting value that depend upon events or a combination of
occurrences which, while within the realm of possibility, aze not fairly shown to be reasonably
probable, should be excluded from consideration. Also, if the intended use is dependent on an
uncertain act of another person, the intention cannot be considered.
Based on the above definition and after seeing the site, neighborhood, and area, it is my
opinion that development of the subject into two farmettes is its Highest and Best Use.
6
SITE DATA
ADDRESS: Tax parcels 31-10-0624-046, 048 and 049 on Kutz Road.
TOWNSHIl': Perri
COUNTY: Cumberland
STATE: Pennsylvania
LOT SIZE: 21.27 acres, 53.86 acres and a 6.75-acre lot addition.
SEWERS: None on site.
WATER: None on site.
ELECTRICITY: Public utility. ~
LANDSCAPING: .All tracts are presently being utilized for• crop farming.
ZONING: Agriculture.
DETRIMENTAL INFLUENCES
None. Pride of ownership is evident throughout the neighborhood.
DESCRIPTION OF 'THE SITE
The subject site consists of three vacant parcels of land containing 21.27 acres, 53.86
acres and 6.75 acres. However, the 6.75 acre tract may only be used as a lot addition to the
53.86-acre tract, according to a note on the Subdivision Plan for Charles F. and Mildred T.
Bruce dated November 1,1989, prepared by Stephen G. Fisher, professional land surveyor.
The 53.86-acre tract, along with the 6.75-acre tract, is irregular in shape and contains
approximately 491.08 linear feet of macadam road frontage along Kutz Road and the southern
boundary line adjoins Interstate 81. The 21.27-acre tract is triangular in shape and contains
approximately 857.891inear feet of macadam road frontage along Kutz road and the northern
boundary line adjoins Interstate 81.
The topography of the tracts is best described as .rolling. -Some areas of the road
frontage are slightly above road grade. There does not appear to be any drainage problems, and
7
t
according to the Federal Emergency Management Agency map number 421584-0005-B, the
site is not located in an azea which is prone to flooding.
In the absence of core boring, it has been assumed that there are no mineral deposits of
a commercial nature underlying the subject sites. For the same reason, it is assumed that there
are no unusual sub-soil conditions that would adversely affect the subject sites.
Access to the sites is via Kutz Road, and visibility of the sites from this roadway is
considered to be good.
8
THE APPRAISAL PROCESS
Three approaches to value are generally included in an appraisal report. These
techniques include the cost approach, sales comparison approach, and income approach to
value.
The cost approach to value is based on the assumption that the reproduction cost of a
building plus land value, tends to set the upper limit to value. A key assumption is that a newly
constructed building would have advantages over the existing building, therefore an evaluation
focuses upon disadvantages or deficiencies (depreciation] of the existing building compared to
anew facility.
The sales comparison approach to value assumes that under normal conditions, a given
number of parties acting intelligently and voluntarily, tend to set a pattern from which value
can be estimated Application of this approach relies on a comparison of the subject with a
sufficient number of recent transactions of comparable properties in the market, based on a
common unit, such as Brice per square foot of building area or price per acre.
The income approach concerns itself with present worth of the futwe potential benefits
of a property. The initial estimate involves the net income, which a fully informed person is
justified in assuming the property will produce during its remaining useful life. This estimated
net income is then capitalized into a value estimate, based upon the level of risk as compared
with that of a similar type and class.
Since the subject property consists of a vacant tract of land or existing improvements
have insignificant value, in accordance with the departure provision of the Uniform Standards
of Professional Appraisal Practice, only the sales comparison approach to value has been
applied to the subject property and is subsequently presented.
9
SALES COMPARISON APPROACH
In arriving at this conclusion of the value of the subject property, the appraiser made a
survey of properties that have sold in the area of the subject property.
Consideration was given and adjustments were made on each comparable sale as to
time of sale, size, location, as well as all other factors that might affect value. A resume of
some of the sales considered by the appraiser is as follows:
SALE NO. 1:
Location:
Parcel No.:
Date of Sale:
Deed Ref.:
Sale Price:
Size:
Unit Price:
Grantor:
Grantee:
SALE NO. 2:
Location:
Parcel No.:
Date of Sale:
Deed Ref.:
Sale Price:
Size:
Unit Price:
Grantor:
Grantee:
SALE NO. 3:
Location:
Parcel No.:
Date of Sale:
Deed Ref.:
Sale Price:
Size:
Unit Price:
Grantor:
Grantee:
Creek Road, West Pennsboro Township.
4b-07-0477-013A
February 28, 2047.
Deed Book 278, Page 4556.
$225,000
21.86 acres of rolling land
$10,293 per acre.
Donald W. and John B. Pattison.
Eric L. and Jeri M. Diffenbaugh.
Campground Road, Lower Frankford Township.
14-06-0025-057A
November 9, 2006.
Deed Book 277; Page 2649.
$127,000
18.66 acres of rolling land.
$6,806 per acre.
Robert P. and Deborah W. Winston.
Jefrtey M. and Lisa M. Garman.
Hoy Road, North Middleton Township.
29-04-0377-030
April 12, 2006.
Deed Book 273, Page 4898.
$396,885
66.31 acres of rolling to hilly land.
$5,985 per acre.
Paul Dick.
Paul W. Gettel and Annette K. Burns.
10
The appraiser, in addition to the sales listed, also considered several additional sales in
arriving at his final opinion of value. 4n the Sales Comparison Analysis form that follows this
page aze dollar adjustments reflecting market reaction to those items of significant variation
between the subject and comparable properties. If a significant item in the comparable
property is superior to, or more favorable than, the subject property, a minus (-) adjustment is
made, thus reducing the indicated value of the subject; if a significant item in the comparable is
inferior to, or less favorable than, the subject property, a plus (+) adjustment is made, thus
increasing the indicated value of the subject.
After making all of the necessary adjustments, it is the appraiser's considered opinion
that the indicated value of the one-half interest in the subject property by the Sales Comparison
Approach is as follows:
21.77-acre tract: $15b,000
60.61-acre tract: $399,000
11
SALES COMPARISON ADJUSTMENTS
21.77-ACRE TRACT
The appraiser has analyzed comparable sales and has developed dollar adjustments,
reflecting market reaction to those items of significant variation between the subject and
comparable properties. If a significant item in the comparable property is superior to, or mare
favorable than the subject property, a minus (-) adjustment is made, thus reducing the indicated
value of the subject; if a significant item in the comparable is inferior to, or less favorable than
the subject property, a plus (+) adjustment is made, thus increasing the indicated value of the
subject.
SALE #1 SALE #2 SALE #3
Sale Price 225,000 127,000 396,885
Price Per Acre 10,293 6,806 5,985
Time +515 +340 +599
Location -599
Land Size +599
Topography +599
Net Adjustment +515 +340 + 1,198
Indicated Value: 10,808 7,146 7,183
21.77 acres x $7,146 = $155,568
Rounded to: $156,000
12
a
SALES COMPARISON ADJUSTMENTS
60.61-ACRE TRACT
The appraiser has analyzed comparable sales and has developed dollaz adjustments,
reflecting market reaction to those items of significant variation between the subject and
comparable properties. If a significant item in the comparable property is superior to, or more
favorable than the subject property, a minus (-) adjustment is made, thus reducing the indicated
value of the subject; if a significant item in the compazable is inferior to, or less favorable than
the subject property, a plus (+) adjustment is made, thus increasing the indicated value of the
subject.
SATE # 1 SALE #2 SALE #3
Sale Price 225,000 127,000 396,885
Price Per Acre 10,293 6,806 5,985
Time +515 +340 +599
Location -599
Land. Size -1,029 -681
Topography +599
Net Adjustment -514 -341 +599
Indicated Value: 9,779 6,465 6,584
60.61 acres x $6,584 =$399,056
Rounded to: $399,000
FINAL ONE~HALF TENANT IN COMMON VALUE CALCULATION:
$156,000 -Value of 21.27-acre tract
399 000 -Value of 60.61-acre tract
$555,000 -Value of the entire property _ 2 = $277,500
13
' 3
CORRELATION
Correlation may be defined as "the bringing together of parts in a proper relationship."
The parts of this appraisal report are the following approaches to value your appraiser used:
Value Indicated by Cost Approach N.A.
Value Indicated by Sales Comparison Approach $277,500
Value Indicated by Income Approach N.A.
These approaches are representative of the market value of the subject property. I have
carefully reexamined each step in each method, and I believe the conclusions accurately reflect
the attitude of typical purchasers of this type property in this neighborhood. It is my belief that
this reexamination has confirmed the original conclusions.
The Sales Comparison Approach was based on several recent sales. of properties similar
to that of the subject, all of which are located in the same general area. The adjusted sales
prices are most consistent under comparison. This approach is the most reliable because it
reflects the reactions of typical buyers and sellers in the market.
Therefore, as a result of this appraisal and analysis, it is this appraiser's considered
judgment and opinion that the Market Value of one-half interest in the subject property, as of
February 13, 2008, is:
TWO HUNDRED SEVENTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS
$277,500
14
UNDERLYING ASSUMPTIONS AND LIlVIITING
CONDITIONS SUBJECT TO THIS APPRAISAL
1. I assume no responsibility for matters legal in nature, nor do I render any opinion as to
the title, which is assumed to be mazketable. The property is appraised as though under
responsible ownership.
2. The legal description used herein is correct.
3. I have made no survey of the property, and the boundaries are taken from records
believed to be reliable.
4. I assume that there are no hidden or unappazent conditions of the property, subsoil or
structures which would render it more or less valuable. I assume no responsibility for
such conditions or for engineering which might be required to discover such factors.
5. The information, estimates, and opinions furnished to me and contained in this report
were obtained from sources considered reliable and believed to be true and correct.
However, no responsibility for accuracy can be assumed by me.
6. This report is to be used in its entirety and only for the purpose for which it was
rendered.
7. Neither all nor any part of the contents of this report (especially any conclusions as to
value, the identity of the appraiser or the firm with which he is connected) shall be
reproduced, published, or disseminated to the public through advertising media, public
relations media, news media, sales media, or any other public means of communication,
without the prior written consent and approval of the appraiser.
8. This appraisal was prepared for the exclusive use of the client identified in this appraisal
report. The information and opinions contained in this appraisal set forth the
appraiser's best judgment in light of the information available at the time of the
preparation of this report. Any use of this appraisal by any other person or entity, or
any reliance .or decisions based on this appraisal are the sole responsibility and at the
sole risk of the third party. The appraiser accepts no responsibility for damages
suffered by any third party as a result of reliance on or decisions made or actions taken
based on this report.
15
CERTIFICATE QF APPRAISAL
Your appraiser hereby certifies that:
1. The statements of fact contained in this report are true and correct.
2. The reported analyses, opinions, and conclusions are limited only by the reported
assumptions and limiting conditions, and are my personal, impartial, and unbiased
professional analyses, opinions, and conclusions.
3. I have no present of prospective interest in the property that is the subject of this report,
and no personal interest with respect to the parties involved.
4. I have no bias with respect to the property that is the subject of this report or to the
parties involved with this assignment.
5. My engagement in this assignment was not contingent upon developing or reporting
predetermined results.
6. My compensation for completing this assignment is not contingent upon the
development or reporting of a predetermined value or direction in value that favors the
cause of the client, the amount of the value opinion, the attainment of a stipulated result,
or the occurrence of a subsequent event directly related to the intended use of this
appraisal.
7. To the best of my knowledge and belief, the statements of fact contained in this
appraisal report, upon which the analyses, opinions, and conclusions expressed herein
are based, are true and correct.
8. This appraisal report sets forth all of the limiting conditions (imposed by the terms of
my assignment or by the undersigned) affecting the analyses, opinions, and conclusions
contained in this report.
9. This appraisal report has been made in conformity with the Uniform Standazds of
Professional Appraisal Practice adopted by the Appraisal Standards Boazd of the
Appraisal Foundarion, and is subject to the requirements of the Code of Professional
Ethics and Standards of Professional Conduct of the National Association of Realtors
Appraisal Section,
16
10. No one other than the undersigned prepazed the analyses, conclusions, and
opinions concerning real estate that are set forth in this appraisal report.
~ ~~~
E. Foote
Certified General Appraiser
GA-000014-L
17
PRIVACY NOTICE
Pursuant to the Gramm-Leach-Billey Act of 1999, effective July 1, 2041, appraisers,
along with all providers of personal financial services are now required by federal law to
inform their clients of the policies of the firm with regard to the privacy of client nonpublic
personal information. As professionals, we understand that your privacy is very important to
you and are pleased to provide you with this information.
In the course of performing appraisals, we may collect what is known as "nonpublic
personal information" about you. This information is used to facilitate the services that we
provide to you and may include the information provided to us by you directly or received by
us from others with your authorization.
We do not disclose any nonpublic personal information obtained in the course of our
engagement with our clients to nonaffiliated third parties, except as necessary or as required by
law. Byway of example, a necessary discloswe would be to ow independent contractors, and
in certain situations, to unrelated third party consultants who need to know that information to
assist us in providing appraisal services to you. All of ow independent contractors and any
third party consultants we engage are informed that any information they see as part of an
appraisal assignment is to be maintained in strict confidence within the firm. A disclosure
required by law would be a disclosure by us that is ordered by a court of competent jurisdiction
with regard to a legal action to which you are a party.
We will retain records relating to professional services that we have provided to you for
a reasonable time so that we are better able to assist you with your needs. In order to protect
your nonpublic personal information from unauthorized access by third parties, we maintain
physical, electronic and procedwal safeguaxds that comply with our professional standards to
inswe the security and integrity of yow information.
18
LARRY E. FOOTE
REAL ESTATE APPRAISER
EXPERIENCE:
1979-Present: Chief Appraiser, Diversified Appraisal Services, Carlisle, Pa
Principal Broker, LaRue Development Company, Carlisle, Pa
1976-1979: Associate Broker, Colonial Realty, Carlisle, Pa.
1972-1976: Realtor Associate, Jack Gaughan Realtor, Carlisle, Pa.
Appraisal experience included undeveloped .land, farms, building lots, single-family dwellings, mobile
home parks, medical centers, nursing homes, motels, apartment buildings and complexes, office
buildings, service stations, vetezinary clinics, rehabilitation centers, retail buildings, daycare centers,
warehouses, and manufacturing facilities.
EDUCATION:
Bachelor of Business Administration, Pennsylvania State University, 1976.
Associate Bachelor of Business Administration, Harrisburg Area Community
College, 1974.
Diploma, Carlisle Senior High School, 1965.
Certificate, Pennsylvania Realtors Institute, GRI I, GRI II, GRI III.
Certificate, Realtors National Marketing Institute, CI 101, CI 102, CI 103, CI 104,
CI 105.
Standards of Professional Practice, American Institute of Real Estate Appraisers.
Real Estate Appraisal Principles, American Institute of Real Estate Appraisers.
Residential Valuation, American Institute of Real Estate Appraisers.
Appraisal Procedures, Appraisal Institute.
Principles of Income Property Appraising, Appraisal Institute.
Case Studies in Real Estate Valuation, Appraisal Institute.
Report Writing and Valuation Analysis, Appraisal Institute.
PROFESSIONAL LICENSES:
General Appraiser #GA-000014L, Commonwealth of Pennsylvania.
Real Estate Broker #RB-029729-A, Commonwealth of Pennsylvania.
PROFESSIONAL DESIGNATIONS:
GRI: Cnaduate of the Pennsylvania Realtors Institute, awarded by the Pennsyl-
vania Association of Realtors.
CRS: Certified Residential Specialist, awarded by the Realtors National Market-
ing Institute of the National Association of Realtors.
CCIM: Certified Commercial Investment Member, awarded by the Realtors
National Marketing Institute of the National Association of Realtors.
PROFESSIONAL ORGANIZATION AFFILIATIONS:
National Association of Realtors Appraisal Section.
Greater Harrisburg Association of Realtors.
Pemisylvania Association of Realtors.
National Association of Realtors.
Realtors National Marketing Intitute.
19
. PAST CLIENTS:
Borough of Carlisle
Keystone Financial Mortgage
Cornerstone Federal Credit Union
Pennsylvania State Bank
Commerce Bank
Cumberland-Perry Association for Retarded Citizens
Carlisle Suburban Authority
Members 1" Federal Credit Union
Penm~sylvania National Bank
Evans Financial Corporation
Greenawalt Bc Company, CPA
Smith's Transfer Corporation
Carlisle Department of Parks and Recreation
Executive Relocation Services
Carlisle Area School District
Messiah Homes, Incorporated
ERA Eastern Regional Services
Pennsylvania Turnpike Commission
Chase Home Mortgage Corporation
Defense Activities Federal Credit Union
Pennsylvania State Employees Credit Union
PNC Mortgage Corporation
FBtM Trust Company
National City Mortgage Corporation
Washington Mutual Home Loans, Inc.
Prudential Relocation Services
Lender's Choice
Market Intelligence, Incorporated
United Telephone Employees Federal Credit Union
Cumberland County Commissioners
Allstate Enterprises Mortgage Corporation
Dickinson College
PPG Industries, Incorporated
Gettysburg College
Redevelopment Authority of Cumberland Courrty
Record Data Appraisal Services, Incorporated
First United Federal Savings Association
Fulton Bank
United States Marshall Service
GMAC Mortgage Corporation
Otrstown Bank
Letterkenny Federal Credit Union
BancPlus Mortgage Corporation
Caldwell Banker Relocation Services, Incorporated
Central Pennsylvania Savings Bank
Mellon Bank
Providerrt Home Mortgage Corporation
Various law firms and individuals
20
21
PHOTOGRAPHS OF THE SUB,TECT PRUr~lc11
_..
r,~a¢QV~s~. ""'°a"~m~ .::: cam, .., .. '
,,:
:,
~a '. :":
r~`~ f 11 i
22
~ Estate Valuation
Date of Death: 02/13/2008 Estate of: Charles F. Bruce, Agent
Valuation Date: 02/13/2008 Account: 2003069
Processing Date:.-03/14/2008
Aeport Type: Date of Death
Number of Securities: 25
File ID: Bruce, Charles F, Agent
Shares Security Mean and/or Div and Int Security
or Par Description High/Ask Low/Bid Adjustments Accruals Value
1) 1400 ALLEGHENY ENERGY INC (017361106)
COM
New York Stock Exchange
02/13/2006 53.94000 52.28000 H/L
52.860000 74,009.00
2) 200 BOEING CO (097023105)
COM
New York Stock Exchange
02/13/2008 85.63000 84.01000 H/L
84.820000 16,969.00
Div: 0.4 Ex: 02/06/2008 Rec: 02/08/2008 Pay: 03/07/2008 80.00
3) 50 CBS CORP NEW (124857202)
CL B
New York Stock Exchange
02/13/2008 25.58000 24.93000 H/L
25.255000 1,262.75
4) 500 DELPHI CORP (297126105)
COM
Other OTC
02/13/2008 0.19000 0.13000 H/L
0.135000 67.50
5) 100 DUN 6 BRADSTREET CORP DEL NEW (26 483E100)
COM
New York Stock Exchange
02/13/2008 90.29000 88.79000 H/L
89.540000 8,959.00
6) 500 GENERAL ELECTRIC CO (369604103)
COM
New York Stock Exchange
02/13/2008 35.10010 34.59000 H/L
34.895050 17,422.53
71 400 GENERAL MTRS CORP (370442105)
COM
New York Stock Exchange
02/13/2008 27.00000 25.73000 H/L
26.365000
Div: 0.250000 Ex: 02/13/2008 Rec: 02/15/2008 Pay: 03/10/2008 + 0.250000
26.615000 10,646.00
8) 400 GOODRICH CORP (382388106)
COM
New York Stock Exchange
02/13/2008 62.72000 59.97000 H/L
61.345000 29,538.00
9) 300 JOHNSON & JOHNSON (476160104)
COM
New York Stock Exchange
02/13/2008 63.75000 62.59000 H/L
63.170000 18,951.00
10) 100 LOCKHEED MARTIN CORP (539830109)
COM
New York Stock Exchange
02/13/2008 109.15000 107.01000 H/L
108.080000 10,808.00
11) 474 M fi T BK COAP (55261F104)
COM
New York Stock Exchange
02/13/2008 89.19000. 86.00000 H/L
87.595000 41,520.03
Page 1
This report was produced with EstateVal, a product of Estate Valuations ~ Pricing Systems, Inc. If you have questions,
please contact EVP Systems at (818) 313-6300 or www.evpsys.com. (Revision 7.0.4)
v
• Date of Death: 02/13/2008
Estate
of: Charles F. Bruce, Agent
Valuation Dat e: 02/13/2008 Account: 2003069
Report Type: Date of Death
Processi~ Da te: 03/19/2008 Number of Securities: 25
File IDs Bruce, Charles F, Agent.
w Shares Security Mean and/or Div and Int Security
or Par Description High/Ask Low/Bid Adjustments Accruals Value
12) 400 MOODYS CORD (615369105)
COM
New York Stock Exchange
02/13/2008 39.82000 38.57000 H/L
39.195000 15,670.00
13) 800 MOTOROLA INC (620076109)
COH
New York Stock Exchange
02/13!2008 11.00000 11.52000 H/L
11.660000 9,328.00
14) 600 NCR CORD NEW (62886E108)
COM
New York Stock Exchange
02/13/2008 23.99000 22.61000 H/L
23.150000 13,890.00
15) 1000 PEPCO HOLDINGS INC (713291102)
CQM
New York Stock Exchange
02!13/2008 26.91000 2b.17750 H/L
26.293750 26,293.75
16) 9 PIPER JAFFRAY COS (729078100)
COH
New York Stock Exchange
02/13/2008 49.70000 41.81000 H/L
43.295000 173.18
17) 3000 PPL CORP (693517106)
COM
New York Stock Exchange
02/13/2008 48.59000 47.87000 H1L
48.230b00 149,690.00
18) 40 R H DONNELLEY CORD (74955W307)
coM NEW
New York Stock Exchange
02/13/2008 20.99000 19.23000 H/L
19.860000 794.40
19) 100 SYNOWS FINL CORP (8716101051
COM
New York Stock Exchange
02/13/2008 12.49000 11.95000 H/L
12.220000 1,222.00
20) 600 TERADATA CORD DEL (08076W103)
COM
New York Stock Exchange
02/13/2008 24.16000 21.89000 H/L
23.025000 13,815.00
21) 48 TOTAL SYS SVCS INC (891906109)
COM
New York Stock Exchange
02/13/2008 22.87000 22.36000 H/L
22.615000 1,085.52
22) 412 US BANCORP DEL (902973304)
COM NEW
New York Stock Exchange
02/13/2000 33.00000 32.33000 H/L
32.665000 13,957.98
23) 50 VIACOM INC NEW (92553P201)
CL B
New York Stock Exchange
02/13/2008 41.59000 39.99000 H/L
40.765000 2,038.25
Page 2
This report was produced with EstateVal, a product of Estate Valuations fi Pricing Systems, In c. If you have questions,
please contact EVP Systems at (818) 313-6300 o r www.evpsys .com. (Revision 7.0.4)
I •
Dade of Death: 02/13/2008
Valuation Date: 02/13/2008
ProcessintJ Date: 03/14/2008
Shares Security
or Par Description
29) 200 3M CO (88579Y101)
COM
New York Stock Exchange
02/13/2008
25) 195 ALCATEL-LUCENT (013904305)
SPONSORED ADR
New York Stock Exchange
02/13/2008
Estate of: Charles F. Bruce, Agent
Account: 2003069
Report Type: Date of Death
Number of Securities: 25
File ID: Bruee-, Charles F, Agent
Mean and/or Div and Int Security
High/Ask Low/Bid Adjustments Accruals Value
81.51000 79.48000 H/L
80.495000
16,099.00
6.21000 6.06000 H/L
6.135000
Total Value:
Total Accrual:
Total: $464,979.22
~pouEK ~I,Ao~KEr ~A~„atic~S'
pQrr~tAA~- ~ 3~7,g7~.H1
TotAc- un~n ~ 3 80, 4d ~ • ~S'
1,196.33
$484,899.22
580.00
~ 86~,'~~~.8'~
~ 38o,oai.~,S
Paqe 3
This report was produced with EstateVal, a product of Estate Valuations & Pricinq Systems, Inc. If you have questions,
S please contact EVP Systems at (818) 313-6300 or www.evpsys.com. (Revision 7.0.4)
TABLE OF CONTENTS
Table of Contents
Appraisal Certificate
Appraisal Summary
Photograph & CD-ROM Instructions
Personal Property Listing
Appraisal Summary (Copy)
References
Privacy Notice
Statement of Qualifications
Assumptions and Limiting Conditions
2
3
4
5
6
7
8
9
10
11
2
ti ~
APPRAISAL CERTIFICATE
I hereby certify that, upon the request for the estate appraisal of the personal property of
Charles Bruce, deceased, I have personally and physically inspected the listed personal
property. The personal property was appraised to determine the FAIR MARKET
VALUE, AS OF d.o.d. February 13, 2008 & reported on April 1, 2008. The date of
inspection was March 20, 2008.
The information and values contained in this report are based upon my experience as an
appraiser and other reliable sources. The personal property was found to be in
EXCELLENT condition, unless otherwise noted. Values are reported piece-by-piece,
and/or as a whole. All values reported have been determined with consideration to the
condition of the item, market conditions, and salability factors.
pis Ap~raisa~
..~
C.A.
~i-vector
3
APPRAISAL SUMMARY
It is in my opinion, that as of d.o.d February 13, 2008, the Fair Market Value of the
personal property of Charles Bruce, deceased:
(Sixty Dollars and Zero Cents)
($60.00)
pis Ayrpraisa~
C.A.
~lY8Ct0Y
The report must be read in its entirety. The Appraisal Summary ONLY is
not the appraisal report
Personal Property Listing
1 Chest. Modern chest on chest dresser with $35.00
eight drawers.
Corresponding Digital Photograph File:
r0329396jpg
2 Chest. Modern Pennsylvania House chest $20.00
with one drawer and two doors.
Corresponding Digital Photograph File:
r0329397 jpg
3 Chair. Modem plush recliner chair. $5.00
Corresponding Digital Photograph File:
r0329398jpg
Total $60.00
APPRAISAL SI:f~/IlVIARY (COPY)
It is in my opinion, that as of d.o.d February 13, 2008, the Fair Market Value of the
personal property of Charles Bruce, deceased:
(Sixty Dollars and Zero Cents)
($60.00)
Ibis Annraisa~
ICES
C.A.
Director
The report must be read in its entirety. The Appraisal Summary ONLY is
not the appraisal report.
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Private Party Value is whet a buyer can expect to pay when buying a used
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The final sale price may vary deperxNrg on the vehida's actual wnditbn and
kxal marllek candiBOns. This value may also be used to denve Fair Market
' Vdue for Inwrenm and vehicle donation purposes.
Veiride Condition Ratings Clieck Vehkle TI[le History
Excellent
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less than 5% of all used vehicles fall into this category.
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• tittle ar ra nrst on this vehcle.
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Fair
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• Some mechanical or cosmetic defects and needs servidrp but is
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• denn title history, the paint, body and/or interior need work
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• Tires may need to be replaced.
• There may ba some repairable nisi damage.
Poor
• Severe mechanical and/or cosmetic defects and is in poor running
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• Brended title (salvage, Flood, etc.) or unsubstantiatsd mileage.
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St
MEMBERS 1st
FEDERAL CREDIT iJNION
SAVINGS ACCOUNT:
Account Number/Suffix
Date Account Established
Principal Balance at Date of Death
Accrued Interest to Date of Death
Total Principal and Accrued Interest
Name of Joint Owner
CHECKING ACCOUNT:
Account Number/Suffix
Date Account Established
Principal Balance at Date of Death
Accrued Interest to Date of Death
Total Principal and Accrued Interest
Name of Joint Owner
Estate of: CHARLES F. BRUCE
Date of Death: 02/13/2008
Social Security Number: 168-01-8593
9876-00
11 /20/1967
$37,188.14
$12.23
$37,200.37
None
9876-11
01 /30/1979
$1,852.19
$.36
$1,852.55
None
MBERS 1ST FED RAL/ C~R~EDIT UNION
~~~~-~
Danielle A. Kline
Insurance Services Specialist
May 6, 2008
5000 Louise Drive EO. Box 40 Mechanicsburg, Pennsylvania 17055 (800) 283-2328 wwwmemberslst.org
~ M&T Investment Group
February 20, 2008
Dale F. Shughart, Jr., Esquire
10 West High Street
Carlisle, Pennsylvania 17013
RE: Estate of Charles F. Bruce
Dear Dale:
As requested, this letter will serve to provide you with the Money Market Balances in the
Charles F. Bruce account # 2003069 at his date of death on February 13, 2008.
Money Market Balance in account 2003069: $367,878.87
Accumulated Income to Date of Death: $ 12,142.78
Should you have any question, please do not hesitate to call.
Thank you.
Very truly yours,
Manufacturers and Traders Trust Company
~c
David C. Gority
Vice President
Private Client Services
One West High Street, P.O. Box 220, Carlisle, Pennsylvania. 17013
(717) 240-4505 or 1-800-822-2155
' F:\WP51\Q,IENT\SHUGDALE\SRUCE2.WIL 11/04/97 HCD
LAST WILL AND TESTAMENT
I, CHARLES F. BRUCE, of the Borough of Carlisle, Cumberland
County, Pennsylvania, declare this to be my Last Will and Testament
and revoke any Will or Codicil previously made by me.
ITEM I: I direct that all my just debts (except as may be
barred by a Statute of Limitations) and my funeral expenses
(including my gravemarker and expenses of my last illness) shall be
paid from my residuary estate, as soon as practicable after my
decease as a part of the administration of my estate.
ITEM II: I give and bequeath all my tangible personal property
(excluding cash on hand and tangible evidences of intangible
personal property), including but not limited to, any and all
automobiles and other motor vehicles, household goods and furniture
and furnishings, china, silverware, jewelry, ornaments, works of
art, books, pictures, wearing apparel and personal effects,
together with any policies of insurance applicable thereto
including any prepaid premiums thereon to my son, CHAD F. BRUCE,
provided that he shall survive me.
ITEM III: If my wife, MILDRED T. BRUCE, survives me, I devise
and bequeath to my TRUSTEE, hereinafter named, to be held in a
separate TRUST (the non-marital or By-pass Trust) the maximum
amount that can pass at my death free of federal estate tax because
of the unified credit and all other credits or deductions
applicable to my estate other than the marital deduction, (provided
however that the credit for state death taxes shall be taken into
1 e~~~~~
C
account only to the extent that doing so does not result in state
death taxes that would otherwise not be payable). The amount of
this By-Pass Trust and its funding shall be governed by the
following:
A. The amount of this By-Pass Trust shall be reduced by
the aggregate of (1) all items includable in my estate for
Federal Estate Tax purposes which either are taxable gifts
made during my lifetime or are disposed of in previous
articles of this Will or pass outside of this Will but only if
such items do not qualify for the Federal Estate Tax marital
deduction or the Federal Estate Tax charitable deduction and
(2) the amount of any administration expenses claimed as
income tax rather than estate tax deductions.
B. My executor shall allocate and set aside or
distribute to this By-Pass Trust any (up to all) assets (or
proceeds of assets) which do not qualify for the marital
deduction for Federal Estate taxes. But in no event shall
assets be distributed in kind to this By-Pass Trust to the
extent the effect would be to permit diminution of the marital
deduction trust (created in Item IV below) by more than a pro-
rata share of all depreciation occurring in my estate between
the date of my death and the date of distribution to this
Trust. Any allocation of assets between this By-Pass Trust
and the marital deduction trust shall, with respect to each
gift, be comprised of assets having an aggregatle market value
2 I _/V~
at the time of allocation fairly representative of the net
appreciation or depreciation in value to the date of
distribution of all assets then available for distribution.
C. My Trustees shall hold this gift, IN TRUST, for the
following uses and purposes and under the following terms and
conditions:
1. To pay the net income therefrom to my wife,
MILDRED T. BRUCE, for and during her lifetime.
2. As much of the principal of this Trust as my
Trustees in their sole discretion may from time to time
think advisable for the health, support and maintenance
of my.wife, MILDRED T. BRUCE, and for the protection and '
preservation of her property, shall either be paid to her
or else applied directly for her benefit by my Trustees
after taking into account her or their other readily
available assets and sources of income.
3. My Trustees may apply the net income of this
Trust for the support of my wife, MILDRED T. BRUCE,
should she by reason of age, illness or any other cause
in the opinion of my Trustees be incapable of disbursing
it.
4. Upon the death of my wife, MILDRED T. BRUCE, (or
upon my death, if my spouse shall have predeceased me)
the then remaining principal and any undistributed income
shall be distributed to my son, CHAD F. BRUCE(J, if he
3 . ~-~i~. ~-C
shall then be living. However, if my son has died before
the death of the latter of my wife and me but leaves
descendants who are living at the death of the latter of
my wife and me, such descendants shall receive, per
stirpes, the share that my son would have received had he
been then living. If at any time after my death, whether
during the continuation of any trust established
hereunder, or at the time for termination of such trust,
there is no beneficiary named or designated hereunder
living to receive such property, or to have such property
continue in trust for his or her benefit, or at my death,
if no such beneficiary is then living, the property then
constituting the trust estate shall be distributed, free
from trust, as follows:
a. One-quarter (lj4) thereof to my brother,
ELMER R. BRUCE, provided he shall survive me.
Should my said brother be then deceased, such
property shall be distributed to my intestate heirs
as then ascertained under the Intestate Laws of
Pennsylvania as though I had died at such time, a
resident of Pennsylvania and owning such property.
b. One-quarter (1/4) thereof to my daughter-
in-law, LINDA H. BRUCE, provided she shall survive
me. Should my said daughter-in-law be then
deceased, such property shall be distributed to my
cam. ,.
intestate heirs as then ascertained under the
Intestate Laws of Pennsylvania as though I had died
at such time, a resident of Pennsylvania and owning
such property.
c. One-half (1/2) thereof to be divided among
the following individuals in the following manner:
(1) 25~ to my wife's sister, CARLENE
FOSTER. If she does not survive me, then to
my wife's sister, VERNA BAKER and niece,
PATRICIA DOWNING, or the survivor, in equal
shares.
(2) 50~ to my wife's sister, VERNA
BAKER. If she does not survive, then to my
wife's sister, CARLENE FOSTER and niece,
PATRICIA DOWNING, or the survivor, in equal
shares.
(3) 25~ to my wife's niece, PATRICIA
DOWNING. If she does not survive, then to my
wife's sisters, CARLENE FOSTER and VERNA
BAKER, or the survivor, in equal shares.
Should both of my wife's sisters and her niece
be then deceased, such property shall be
distributed to my wife's intestate heirs as then
ascertained under the Intestate Laws of
Pennsylvania as though she had died a(t such time, a
5 ~ ,
~,
resident of Pennsylvania and owning such property.
ITEM IV: All of the residue and remainder of my estate, I
devise and bequeath to my Trustees hereinafter named, to be held,
IN TRUST, (the Marital Deduction Trust) for the following uses and
purposes and under the following terms and conditions:
A. My wife, MILDRED T. BRUCE, shall be paid the entire
income from the principal in such periodic installments as the
Trustees shall find convenient, but at least as often as
quarter-annually.
B. As much of the principal of this trust as my
Trustees, in their sole discretion, may from time to time
think advisable for the health, support and maintenance in
reasonable comfort of my wife, MILDRED T. BRUCE, and for the
protection and preservation of her property shall either be
paid to her or else applied directly for her benefit by my
Trustees after taking into account her other readily available
assets and sources of income.
C. My Trustees may apply the income or Principal of this
Trust for the support of my wife, MILDRED T. BRUCE, should she
by reason of age, illness or any other cause in the opinion of
my Trustee be incapable of appropriately receiving or
disbursing it.
D. Upon the death of my wife unless there is a contrary
provision in her Will, the Trustee shall deduct and pay to the
personal representative of my wife's estate an amount equal to
6 1 -e
~~ ~ ,
the increase if any in federal estate tax or state death taxes
which her estate will have to pay because of the inclusion of
the assets under this ITEM IV of my Will in her gross estate.
My Executor or Trustees may rely upon a certification from my
wife's personal representative as to the amount of such
additional death taxes.
E. This ITEM IV of my Will is intended to be able to
qualify and my Executor is authorized to make such election as
is necessary to qualify all or part of this gift for the
marital deduction under the qualified terminable interest
property provision set forth in Section 2056(b)(7) of the
Internal Revenue Code of 1986, as amended. As such I direct
that (1) if any provision of my Will shall result in depriving
this ITEM IV of the benefits if IRC § 2056(b)(7) such
provision is hereby revoked and my Will shall be read as if
any portion thereof which would result in such
disqualification is null and void; (2) my Executor is hereby
excused from liability to any person for the decision to elect
to have this ITEM IV qualify for the marital deduction or for
the decision to elect not to so qualify all or any of it; and
(3) no reimbursement or other adjustment shall be made as
among beneficiaries by reason of the consequences of such
election or failure to elect. If the federal estate tax laws
applicable to my estate permit a partial election to be made,
or permit such an election with respect to a specific portion
7 ~, ~ .~
~, ~ ,
of this Trust, my Executor may make such election with respect
to less than all of this Trust. It is my suggestion that my
Executor elect to qualify this entire Trust under Section
2056 (b) (7) of the Internal Revenue Code unless the anticipated
incremental estate taxes occasioned by my spouse's death or
the anticipated length of survival of my spouse make a lesser
election or no election more appropriate. My Executor shall
not be liable for any decision made in good faith and with
reasonable diligence with respect to such election.
F. If the marital deduction or any similar benefit is
allowable with respect to any property, including property
held by entireties, which my wife has received prior to my
death, or at my death will receive otherwise than pursuant to
this ITEM IV, the value of such property should be taken into
consideration in calculating the size of the election made by
my Executor.
G. In funding the By-Pass Trust under ITEM III and this
marital deduction (Qualified Terminable. Interest Property)
Trust, my Executor shall take into consideration the existence
of and shall not (if possible) distribute to this portion any
assets which would not qualify for the federal estate tax
marital deduction.
H. All assets distributed in kind shall be valued at the
value at which it is finally included in my gross estate for
federal estate tax purposes, provided that the gregate
~~
market value thereof on•the date of allocation (plus the value
as finally determined for federal state tax purposes of all
other property qualifying for the marital deduction) be
comprised of assets having an aggregate market value at the
time of allocation fairly representative of the net
appreciation or depreciation in value to the date of
distribution of all assets then available for distribution.
I. Notwithstanding any other provision of this Will, my
spouse shall have the right and power to direct that the
assets of this Trust be invested or reinvested so as to
produce such income as is reasonable and consistent with the
value of the trust corpus. Notwithstanding any contrary
provision of this Will, my Trustee shall pay to my spouse's
estate all income accrued or received by this Trust, but not
distributed prior to my spouse's death.
J. I recognize the possibility that no amount may be
disposed of by this ITEM IV and that the amount disposed of
may be affected by certain tax elections of my Executor.
K. Upon the death of my spouse (or upon my death if my
spouse shall have predeceased me), and after payment of any
taxes payable pursuant to Section E. of this ITEM IV, the
balance of this Trust shall be distributed in the same manner
as is provided for in ITEM III.C.4. hereof.
ITEM V: I direct my Executor to pay all estate and inheritance
taxes, including any interest and penalties thereon, (other than
any caused by negligent delay) payable with respect to all property
~,
. ,
b
includable in my gross estate, or taxable by reason of my death,
whether or not such taxes are payable by my estate or by the
recipient of any such property, out of the portion of my Estate
distributable to ITEM III above.
ITEM VI: My Executors, Trustees and Guardians {herein sometimes
referred to as "fiduciaries" or "fiduciary") shall have the
following powers in addition to those vested in them by law and by
other provisions of my will applicable to all property, whether
principal or income, including property held for minors,
exercisable without court approval, and effective until actual
distribution of all property:
A. Any fiduciary hereunder may renounce or resign at any
time with or without cause.
B. No fiduciary shall be required to file bond, execute
any instrument appointing anyone to accept service of process,
or file inventories or accounts of any kind, except as ordered
to do so by a court of competent jurisdiction or as required
to do so under a state statute not providing for release of
such requirements by a testator.
C. If there is no corporate fiduciary acting hereunder,
my Executor or Trustees may designate a corporation
(regardless of where organized or headquartered) with
fiduciary powers to act as agent or custodian hereunder, may
delegate to it such duties as may be appropriate (including
investment recommendation duties), may pay to it reasonable
compensation for its services, and may discharge it with or
10
a
without cause.
D. To retain any or all of the assets of my estate, real
or personal, including stock of any corporate fiduciary,
without regard to any principal of diversification or risk.
E. To invest in all forms of property, including stock,
common trust funds, and mortgage investment funds whether
operated by my fiduciary or others, without restriction to
investments authorized for Pennsylvania Fiduciaries, as they
deem proper, without regard to any principle of
diversification or risk.
F. To sell at public or private sale, to exchange, or to
lease for any period of time, any real or personal property
and to give options for sales, exchanges or leases, for such
prices and upon such terms or conditions as they deem proper.
G. To allocate receipts and expenses to principal or
income or partly to each as they from time to time think
proper in their sole discretion, but in no event shall the
income of the marital deduction trust be reduced by the
exercise of this power.
H. To borrow from or to sell to my Trustees even though
such Trustee may be my Executor.
I. To cause the title to any property held hereunder to
stand in the name of a nominee or nominees.
J. To repair, alter or improve any real or personal
property; to borrow money, including the right to borrow money
from any fiduciary hereunder, and to pledge, mortgage, or
~~ ~
•i
create a security interest in any property held by them as
security therefor, and to make loans, secured or unsecured,
for such purposes and upon such terms and conditions as they
may deem advisable, including loans to my estate, with or
without interest, for any purpose whatsoever, and to exercise
options of any kind.
K. To subscribe for or to exercise options for stocks,
bonds or other investments; to join in any plan of lease,
mortgage, merger, consolidation, reorganization, foreclosure
or voting Trust and to deposit securities thereunder; to vote
securities in person or by proxy, in such connection to
delegate discretionary powers; and generally to exercise all
the rights of security holders or employees of any
corporation.
L. To compromise, submit to arbitration or release any
claim of my estate or any Trust hereunder against others and
to pay, compromise, or submit to arbitration any claim of
others against my estate or any Trust hereunder.
M. To exercise any law-given option to pay death taxes
in installments, the payment of interest due on such
installments to be a Charge against principal.
N. To exercise any law-given option to treat
administrative expenses either as income tax or as estate tax
deductions, without regard to whether the expenses were paid
from principal or income, without regard to whether the size
of the marital deduction share created in ITEM IV hereof (if
elected) will be increased thereby, and without requiring
reimbursement.
O. To receive other property of any type acceptable to
the Trustees, including, but not in way of limitation, life
insurance proceeds, which may be devised, bequeathed,
assigned, granted, conveyed or made payable to the Trustees by
any other person, to be added to and administered in
accordance with the then applicable provisions of the Trust or
Trusts hereunder; provided, however, if more than one Trust is
then being administered hereunder, such other person may
specify, in the instrument of transfer, among which Trusts,
and in what proportions such property shall be allocated.
P. To treat the entire trust estate as a common fund for
the purpose of investment, notwithstanding any provision
herein for division thereof into shares or separate Trusts.
Q. Any Trust beneficiary will have the right at any time
to request of and receive from the Trustees a complete written
accounting of such matters pertaining to the administration of
the Trust as are pertinent to that beneficiary. In the
Trustees' discretion, income tax returns of the Trust may be
used to satisfy such request.
R. In making distribution of my estate, my Executor (and
in making distribution of any Trust, my Trustees) are hereby
granted the power to make non-prorata distribution of assets
in kind.
S . My Trustees in addition to other powers granted shall
13 ~ C
have the authority to purchase life insurance on the lives of
any or all beneficiaries of the Trust. In addition, specific
authority or power is granted to pay premiums on existing
policies as well as those purchased after the creation of the
Trust even though said policies may not be owned by or payable
to the Trustees as beneficiary. Premiums may be paid from the
income of the Trust estate or, if necessary, from principal.
T. Should the principal of any Trust herein provided for
be or become so small that, in the Trustees' discretion,
establishment or continuance of Trust is inadvisable, my
Trustees or my Executor may make immediate distribution of the
then remaining principal and any accumulated or undistributed
income outright to the person or persons and in the
proportions they are then entitled to. If any such person is
then a minor, distribution may be made to that person's
guardian, or to a person selected by the Trustee to be
custodian for such person until the age of twenty-one (21)
years under the Pennsylvania Uniform Transfers to Minors Act.
U. My fiduciaries, generally, shall have full power and
authority to exercise all rights and privileges appurtenant to
any property held by my fiduciaries, and to execute and
deliver any and all instruments which may be necessary or
expedient in the exercise of the powers granted herein;
provided, however, that no Trustee hereunder shall have any
power in the administration of the Trust created under ITEM IV
hereof which would in any way disqualify said Trust for t e
14 ~ 1
purposes of the marital deduction afforded by the Federal
Estate Tax Laws.
V. Any fiduciaries are authorized to make distributions
in any manner which he or she deems to be in the best interest
of a beneficiary, including:
1. To such beneficiary directly, including mailing
to his or her last-known address or depositing to his or
her bank account or to a bank account to be opened by him
or her; and
2. To an existing Trust (or fund thereof) for the
sole benefit of such beneficiary and providing no less a
right to present enjoyment of income and principal that
would be the case under the Trust hereunder; and
3. Directly to third persons for the sole benefit
of such beneficiary or such beneficiary's dependents.
4. The receipt for any distribution made in
conformity with the above provisions will fully discharge
Trustee from any further liability for that distribution.
5. No fiduciary will exercise any discretionary
authority to distribute principal or income for the
benefit of any beneficiary to reimburse any governmental
entity which may have incurred expense for the benefit of
that beneficiary or pay any obligation of a beneficiary
if that expense or obligation is otherwise payable by any
governmental entity or pursuant to any governmental
program of reimbursement or payment. IL
- - ..
•, ~ ~ ,
J
W. The situs of any Trust created hereunder shall be in
the County of Cumberland, and State of Pennsylvania, and all
questions pertaining to the construction or validity of the
provisions of this instrument shall be governed by the laws of
that State (other than its conflicts of laws provisions).
Despite the foregoing, the Trustees may, at any time and from
time to time, change the situs of any Trust created hereunder
as the Trustees in their sole discretion deem desirable for
the benefit or security of this Trust. The Trustees may elect
(or decline to elect) the law of a different jurisdiction and
thereafter the court of such other jurisdiction shall have the
power to effectuate the purposes of this instrument to such
extent. The Trustees may change the situs of any Trust
created hereunder, and may change the situs of one Trust
without changing the situs of other Trusts created hereunder.
This is a continuing power which will not be exhausted by its
use. The determination of the Trustees as to the change of
situs shall be conclusive and binding on all persons
interested or claiming to be interested in any -Trust
hereunder.
X. If there are co-fiduciaries serving hereunder, they
may delegate any and all management duties and
responsibilities to one of them. My co-fiduciaries may, for
example, designate one of them to maintain a bank account or
accounts, and in that instance the signature of only that
fiduciary shall be required to open and maintain such acr_c_oun~'t(
16 Cl r~~GQ/~~'(/t71..~ C..
to deposit funds to such account and to write checks on such
account.
ITEM VII: If any property passes outright (either under this
Will or otherwise) to a minor (which shall be defined as anyone
under twenty-one (21) years of age) and with respect to which I am
authorized to appoint a guardian and have not otherwise
specifically done so, I decline to appoint a guardian but instead
authorize my Executor to distribute such property to a Custodian
selected by my Executor (and my Executor may act as such Custodian)
as Custodian for the minor under the Pennsylvania Uniform Transfers
to Minors Act. Provided, however, that this appointment shall not
supersede the right of any fiduciary to distribute a share where
possible to the minor or to another for the minor's benefit.
ITEM VIII: I appoint my son, CHAD F. BRUCE, Executor of this my
Last Will. Should he fail to qualify or cease to act as Executor,
I appoint my daughter-in-law, LINDA H. BRUCE, Executor of this my
Last Will.
ITEM IX: I direct that my Executor and Trustee or their
successors shall not be required to give bond for the faithful
performance. of their duties in any jurisdiction.
ITEM X: I appoint my son, CHAD F. BRUCE, and FINANCIAL TRUST
SERVICES COMPANY, Trustees of any trusts created by this my last
Will. Should my son, CHAD F. BRUCE, fail to qualify or cease to act
as Trustee, I appoint my daughter-in-law, LINDA H. BRUCE,
substitute Co-Trustee.
ITEM XI: My individual fiduciary shall be( /e'n~titled
17 l,G (/~'V
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r
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i
reasonable compensation for his or her services rendered from time
to time and to reimbursement of out of pocket expenses.
ITEM XII: My corporate fiduciary shall be entitled to
compensation based upon its regular schedule of fees for such
services in effect from time to time during the period over which
its services are performed.
ITEM XIII: I specifically give unto my son, CHAD F. BRUCE, or
should he be unable or unwilling to act, my daughter-in-law,
LINDA H. BRUCE, as the case may be, in his sole discretion, the
right and authority to revoke the appointment of any corporate
fiduciary designated in my Will or in any Codicil thereto, provided
that he simultaneously appoint a substitute corporate fiduciary.
IN WITNESS WHEREOF, I hereunto set my hand and seal to this my
Last Wi11 and Testament, wriitten on nineteen (19) sheets of paper,
dated this ~a ~^ day of i~~/1Typ~G~-+~ 1997.
~~~~^~' `' ~~ ( SEAL )
Charles F. Bruce
The preceding instrument, consisting of this and seventeen
(17) other typewritten pages, each identified by the signature or
initials of the Testator, was on .the day and date thereof signed,
published and declared by the Testator therein named, as and for
his Last Will, in the presence of us, who, at his request, in his
presence, and in the presence of each other have subscribed our
names as witnesses her to.
1. ~ ~ residing at ~. ~ ~~~
residing at 3~ E~r~'E~+b N 5 j zi ae3
18
4
i ,
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r
r
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
. ss.
r
T ~ ~
I, CHARLES F. BRUCE, the Testator whose name is signed to the
attached. or foregoing instrument, having been duly qualified
according to law, do hereby acknowledge that I signed and executed
the instrument as my Last Will; and that I signed it willingly and
as my free and voluntary act for the purposes therein expressed.
1 ~ r~ (SEAT,)
Charles F. Bruce
Sworn to or aff'rmed and a knowledged
before me by G a ~ ~ ~-~ ~ the
Testator, this ~_ day of
~, 1997. '°'°
tlpTAR1AL SEAL
eokk~e ~. crnn.E, r~arARY acta~.4c
` BORO OF tuiT HOLLY SFi1146S. CUW16ERi,ANO Ca.
Notary Pub ' C MY C0111~IISSItjit D(PIRES OCTOR£R i7. 1~J'88
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
. ss.
We , 17~~ ~. ~ Jam` ~ ht~tq hu ll, ~~. and .,, a~ r ~ 1~A ~Lprr~s~
the witnesses whose nac~ies are signed to the attached or foregoing
instrument, being duly qualified according to law, do depose and
say that we were present and saw the Testator sign and execute the
instrument as his Last Will; that the Testator signed willingly and
executed it as his free and voluntary act for the purposes therein
expressed; that each subscribing witness in the hearing and sight
of the Testator signed the Will as a witness; and that to the best
of our knowledge the Testator was at the time eighteen (18) or more
years of age and of sound mind and under no constraint or undue
influence.
Sworn to or affix-mP~ _. c~ s~~h~rribed to
before me by ~~..F-~~h~.~~k. and
:lallvt ~0..2~` K~~ witne ses, this
day of -Uau~~b`~, 1997.
Notary lic ~,o„p„
i~f~'fAf[IAl SEJlL
19 SRFtkIE L. CCYtk. ygQ7nRY F't!f?i.lC
90RQ itf liT W,rilu ::+~tAli,S. L'lf~t3fc.F:i;~.fVU i.B.~
i~Y C07N~.215Si:ii1 ~?1~S ti4~'U~~,