HomeMy WebLinkAbout08-05-09J REV-1500 15056041158
EX (06-05)
PA Department d Revenue OFFICIAL USE ONLY
Buroeu dlndMduel Tams County Code Veer File Number
Po Box zeo9at INHERITANCE TAX RETURN 21 09 0394
Hemisburg, PA 17129-0601 RESIDENT DECEDENT
ENTER DECEDENT INFORMATION BELOW
Social Security Number Date of Death Date of Binh
204-01-9671 01272009 11121921
Decedent's Last Name
DERR
Suffix Decedent's First Name
MARY
(if Applicable) Enten Surviving Spouse's Information Below
Spouse's Last Name Suffix
Spouse's Social Security Number
FILL IN APPROPRIATE BOXES BELOW
Spouse's First Name
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
MI
E
MI
1. Original Retum ^ 2. Supplemental Retum ^ 3. Remelnder Retum (date or death
prior to 12-13-82)
^ 4. Limited Estate ^ 4a. Future Interest Compromise (tlate of ^ 5. Federal Estate Tax Return Required
6,
Decedent Died Testate
~ 7. death after 12-12-62)
Decedent Malntainetl a Living Trust
~ 8. Total Number of Safe Depoatt Boxes
(Attach Copy of Will) (Attach Copy of Trust)
^ 9. Litigation Proceetls Received ^ 10. Spousal Poverty Credit (date of death ^ 11. Election to tax untler Sec. 9113(A)
between 12-31-91 and 1.1-95) (Attach Sch. O)
CORRESPONDENT - TNIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCEAND CONFIDENTI/LL TAx INFORMATION SHOULD BE DIRECTED TO:
Name Daytime Telephone Number
LOWELL R• GATES, ESQUIRE 717-731-9600
Firm Name (If Applicable)
GATES, HALBRUNER, HATCH & GUISE, P•C•
First line of address
1013 MUMMA ROAD
Second line of dress
SUITE 100
City or Post Office State ZIP Cotle
,,'i
_~
-i
-'i
->
LEMOYNE PA 17043
a Correspondent'se-mailaddress: L • GATESaGATESLAWFIRM • COM
Under penalties o1 perjury, I declare thM I hew examined this rotum, including accompanying achetlules end etMements, end to the best of my knowledge and belief,
it Is true, corroct and complete. Declaration o1 prepsror other then the peroonel ropresanfatrve Is based on all informellan of which proparor has any knowlstlga.
R A E• V A R N E R /r JG~! ~~ ems-- (i (//,~.t/~L~
15056041158
Side 1
BM1947 3.000
15056041158
Estate of MARY E. DERR
Executors (Page 1)
Name Kathryn A. Swope
Address 2030 Old York Road
Dillsburg, PA 17019-
Tax ID 165-38-0870
Name Barbara E. Varner
Address 5 Maple Drive
Etters, PA 17319-
Tax ID 167-40-2019
204-01-9671
J 15056042159
REV-1500 EX
Decedent's Sodal Seadty Number
204-01-9671
Decedents Name:D E R R MAR Y
RECAPITULATION
1. Real estate (Schedule A) .......... 1,
O • a a
2. Stocks and Bonds (Schedule B) ......................... . 2. 0 • 0 ~
3. Closely Held Corporation, Partn~shlp or Sde-Proprietorship (Schedule C) • ... . 3. Q . 0 0
4. Mortgages 6 Notes Receivable (Schedule D) ............. . 4. 0 • ~ ~
5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) ....... . 5.
6991.00
6. Jointly Owned Property (SrJradule F) ~ Separate Billing Requested .... . 6.
o.ao
7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property
(schedule G> ~ separate Bnnng Requested .... . 7.
2 9 4 8 4 8.0 0
8. total Gross Assab (total Lines 1-7) .................. 8. 3 ~ ~~ 8 39 • 0 ~
9. FuneratExpenses&AdministrativeCosts(ScheduleH) .............. . s. 46378.00
10. Debts of Decedent, Mortgage Lladlilles, & Liens (Schedule I)..... 10. 5159.00
11. Total Deduelbns (total Lines 9 & 10) ........ 11. 51 S 37 • ~ 0
12. Nat Value of Estate (LlneBminus Line ll) ................. .. 12. 250302.00
13. Charitable and Governmental Bequests/Sec 9113 Trusts fa which
an election to tax has not been made (Schedule J) ......... 13. 0 • ~ ~
14. Net Value SubJea to lax (Line 12 minus Llne 13) ...... 14. S ~ 02 • ~ ~
TAX COMPUTATION • SEE INSTRUCTIONS FOR APPLICABLE RATES
15. Amount of Line 14 taxable
at the spousal fax rete, or
transfers unQer Sec. 9116
(a)(1.2) X .0 0, 0 0 15. O• O O
16. Amount of Line 14 taxable
at lineal ratex.OL1.5 250302.00 16• 11264 •00
17. Amount of Line 14 taxable
at sibling rate X .12 ~• ~ ~ 17, Q• Q O
18. Amount of Line 14 taxable
at collateral rate X .15 0• ~ ~ 18. 0• ~ 0
ts. rAxDUE ................................... ts. 11264.00
20. FILL IN THE BOX IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
Side 2
15056042159 ernaeees.ooe 15056042159
REV-1500 EX Pepe 3
DacadenHs Complete Addrwss~
FlN Number
7l. n4 m701i
DECEDENTS NAME
A
STREET ADDRESS
GTY
P STATE ZIP
Tax Payments and Credits:
1. Tax Due (Page 2 Line 19)
2. Credits/Payments
A. Spousal Poverty Cretlit ~ . ~ Q
B. Prior Paymems 14 0 0 0.0 0
C. Discount 563.00
3. InteresVPenalty ii applicable
D. Interest
E. Penalty
(1) 11264.00
row creak. (A+e+c) (2) 14563.00
Total lntarsel/Penally (D+E) (3) Q. ~^
4, If Line 2 is greater than Line 1 + Line 3, enter the difference. This le the OVERPAYMENT,
FIII in box on Page 2, Lina 20 to roquut a Muntl. (4) 3299.0 0
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) 0 • 0 0
A. Enter the interest on the tax due. (5A) 0 • 0 0
B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (58) D • 00
Make Check Payable to: REpSTEROF WILLS, AGENT
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
1, Did decedent make a transfer and: Vas No
a. retain the use or income of the property tranaferted; x^ ^
b. retain the right to designate who shall use the Droperty transferred or its income; ......... x
c. retain a reversionary Interest; or ................................ X
d. receive the promise for IHe of either payments, benefits or care? ................. IJ
2. If death occurred after December 12, 1982, did decedent transfer property within one year of death
without receiNng adequate consideration? .............................. ^
3. Did decedent own an "in trust for" or payable upon tleath bank account ar security et hla or her death? . ^ 0
4. Did decedent own an Indivitlual Retirement Account, annuity, or other non-probate property which
contains a beneficiary deslgnation9 ................................. Q ^
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUS7 COMPLETE SCHEDULE 6 AND FILE IT AS PART OF THE RETURN
For dates of death on or after July 1, 1994 antl before January 1, 1995, the tax rate imposetl on the net value of transfers to or for the use of the suMving spouse
is three (3) percent [72 P.S. §9118 (a) (1.1) (i)].
For dates of death on or after January 1, 1995, the tax rate Imposed on the net value of transfers to or for the use of the surviving spouse is zero (0) percent
[72 P.S. §9118 (a) (1.1) (ii)]. The statute does not exemM a transfer to a suMving spouse from tax, antl the statutory requirements for tllsGOSUre of assets and
tiling a tax return are still applicable even if the suMNng spouse is the only beneflciary.
For dates of death on or otter July 1, 2000:
The tax rate Imposed on the net value of trensfers from a deceased child twenty-one years of ape or younger at tleath to or for use of a natural parent, an
adoptive parent, or a stepparent of the child is zero (0) percent [72 P.S. §9118(a)(1.2)].
The lax rate Imposetl on the net value of transfers to or for the use of the tlecedent's lineal benefiGertes is four and one-half (4.5) percent, except 85 noted in
72 P.S. §9116(1.2) [72 P.S. §9118(a)(1)].
The lax 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. §9118(a)(1.3)]. A siNinp is defined,
untler Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption.
srnesn t.ooo
REV-1 WZ EX+(11-W)
Pennsylvania SCHEDULE A
OEPARTFEMOF REVENUE
INNERRANCE TAX RETURN REAL ESTATE
RESIOEM OECEOEM
FILE NUMBER
GLARY E. DERR 21 09 0396
All real property owned wNly or r • NnaM in common muH M nporfw H fair market value. Fair market value le tleAnw r the pace at which property
woultl De ezchange0 between a willing buyer antl a willing seller, neither being oompelNtl to buy or sell, both heNng IreonaWe knowtwga oithe rebvant fads.
RNI pmpsrty Mat Is Jolrrtlyownetl whh rlpM of survivorship must M tllwloeetl on Sohsduls F.
eweaes z.ooo If more space is needed, InseR addttipnel sheets of the same size.
REV-150J EX ~ (&9e)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDEM DECEDENT
SCHEDULE B
STOCKS 8 BONDS
I.N~_RY E. DERR 2t 09 094
All property Jointly-ownetl with rtght of aurvWonhip must be disclosed on Schedule F.
3yJ48B8 1.000 (f more space is needed, Insert additional sheets of Me same size)
REV-1507 EX ~ (&99)
SCHEDULE D
MORTGAGES 8 NOTES
ESTATE OF FILE NUMBER
MARY E. DERR 21 090396
M property jWrrdyownstl wlth tlgM of survlvonhip must hs dbclossd on SeMtlule F.
OW69AC 1.000 Qf moro apace la needed, insert eddhiansi sheets of pme size)
REV-15ae EX t (&ae)
SCHEDULE E
COMMON/rE4lTH OF PENNSYLVANIA CASH, BANK DEPOSITS, 8i MISC.
INHERRANCE TAX RETURN ______. _. ____-_-.
3W~8AD t.ppp (I/ moro space la neede4 insert WdNiond aheMe of the same size)
REV-i50BE1(~(68a) SCHEDULE F
COMMOhNVEALTH OF PB3JSVLVANW JOINTLY-OWNED PROPERTY
aa.miTe urc re v orn aai
ESTATE OF FILE NUMBER
MARY E. DERR 21 09 0396
k an asset was made Jolntwkkln om year of tM deeedenPa dab of death, k mtut W roported on SehetluN G
SURVNtJG JOM TBdAM(S) PNhE
JOINTLY-0WNED PROPERTY:
Ft~4TpNSFW TO OEC®BJf
~~
I'A~EFZ IETTEA
Fd1 JOIN
TENANT GATE
M4~E
JOM 06CRPfION OF PROF$iiY
NUMBER d191MIWtIDBITIA'INOIIUM®I.AnMNOEED FOR
JDMTLY-NEU)RPALEBTATE.
~~~~TM
VALUE OFASSET ss of
~S
MHt6T n4TE OF L7EATH
VALI.E OF
D~Bif'S M6~ST
None
TOTet (Also a R R I e i I 0
(N more apace ro needeQ Inasrt eddNOnal aheels of the sane she)
3W4aAE 1.000
REV-0510 E%+ (&eB)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDEM DECEDENT
SCHEDULE G
INTER-VIV03 TRANSFERS &
MISC. NON-PROBATE PROPERTY
MARY E. DERR 21 09 0396
This schedule must be completed antl filed if the answer to any of Questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yes.
ITEM
NUMBS DESCRIPTION OF PROPERTY
NAILS IIENWECi11E}g46FEgEE, Tlijq gEUTlOlA~P TO pECECEM NO
nEwn:ormusa. AnaalAmPr oF~oEEO FOq qE4. ESTATE.
DATE OF DEATH
VALUE OF ASSET
%OF DECD'S
INTEREST
EXCLUSION
IF APPIJCABLE
TAXABLE
VALUE
t~ Real Property at 3501 Green
Street, Camp Hill, PA held in
the Mary Emma Derr Trust
(Auction prise on 4/13/2009
closed on 6/26/2009) 118,000 100.0000 0 118,000
2 Janney Montgomery Scott
Securities Account M1898-2690
held in the Mary Emma Derr
Trust 157,525 100.0000 0 157,525
3 Janney Montgomery Scott IRA
Account k2718-5710 (Payable to
named beneficiaries Barbara E.
Varner and Kathryn A. Swope) 19,323 100.0000 0 19,323
TOTAL (Also enter on Ilne 7, Reeapitulatbn) ~ $
(I/ moro epeoe is neetleq insert W tllllonel shaete of the same alze)
~WdeAF 1.000
REV-1511 EX~ (1608)
ESTATE DF ' """"""""
"'4Y E DERR 21 09 0394
Debts of decedent must be reported on Schedule I.
ITEM
NUMBER
A. FUNERAL EXPENSES:
~ Malpezzi Ebneral Home
SCHEDULE H
FUNERALEXPENSE3 8
ADMINISTRATIVE COSTS
DESCRIPTION
AMOUNT
10,382
B. ADMINISTRATIVE COSTS:
1. Personal Reprlaentmive's Canmissions
Name of Personal RepresentattNa(s) n. ~1..~ c v.~..e.- c u.tt.ryn A. Swore
Street Address 5 Maple Drive
City Ettera State PA Zip 17319
Year(s) Commission Paid: Pending
2. Attorney Fees
3. Family Exemption: (If decedent's address is not the same as Gaimant's, attach explanation)
Glaimmt
4.
5.
8.
7.
1
2
3
15,000
15,000
S}rent AAAroxx
City State ZIP _
Relationship of Claimant to Decedent
Probate Fees
Accountant's Fees
Tex Return Preparer's Fees
PPL Electric
Pennsylvania American Water
UGI Gas Utilities
Total from continuation schedules .
605
264
115
5,012
46
]WdeAG 1.000
more space is needed, insert atltlitional sheets of the same size)
Estate of: MARY E. DERR
Schedule H Part 7 (Page 2)
4 Verizon
5 Castle Clean - carpet cleaning
6 Palmer's Auto Service - Car repairs
7 Hrickera Auction - Auctioneer's Expenses on sale of
household goods
8 Hrickera Auction - Avetion Fee for real property
9 Premier Appraisals - appraisal of real property
10 Hampden Township - Sewer and Water Hill
11 Hampden Township, Cumberland County - Real Estate
Taxes
12 Cumberland Law Journal
13 Patriot News - Publication of Notice to Creditors
14 Settlement Charges on sale of real property
Total (Carry forward to main schedule)
21 09 0394
267
106
171
1,040
1,180
300
139
372
75
169
1,193
5,012
REVd517 EX~(tP-W)
` SCHEDULE
Pennsylvania
OEPNRMEMOF REVENUE DEBTS OF DECEDENT,
NJHERITANCE TPXRETURN MORTGAGE LIABILITIES & LIENS
RESIDEM OECEDEM
ESTATE OF FILE NUMBER
MARY E. DERR 21 09 0394
Reoort debts Incurred 6v the decedent orlor to death that temalned unpaltl at the tlate M death, Including unnlmburaed matliesl expenses.
sweanN 2.000 If more space is needed, insect atltlltional sheets of the same size.
REV-1513E%+(11-09) SCHEDULE J
Pennsylvania
OEPMIAENTOF REVENUE BENEFICIARIES
INFERRANCE TAX RETURN
RESIDENT DECEDEM
FILE NUMBER
~'"'RS ° • "~+'+' 21 0 9 0394
RELATIONSHIP TO DECEDENT AMOUNT OR SHARE
NUMBER NAME AND ADDRESS OF PERSON(S) RECEMNG PROPERTY Do Not List 7rwtee(s) OF ESTATE
1 TA%ABLE DISTRIBUTIONS [intlude outdyllt apouaY dialdbutiana, entl iranafaa antler
See. 2116 (a) (1.2).]
1. Barbara E. Varner
5 Maple Drive
Ettera, PA 17319 Daughter 125,151
2 Kathryn A. Swope
2030 Old York Road
Dillsburq, PA 17019 Daughter 125,151
ENTER DOLLAR AMOUMS FOR OISTRIBUf10NS SHONM ABOVE ON LINES 15 THROUGH 1 8 OF REV-1500 COVER SHEET, AS APP ROPRIATE.
II NON-TAXABLE DISTRIBUTIONS:
A. SPOUSAL DISTRIBUTIONS UDDER SECTION Yi 13 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN
1.
B. CHARRABLE AND GOVERNMEMAL DISTRIBUTIONS
1.
TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET. S 0
ewaeAl z.ooa ~r more space Is neeaea, insert a0attlonal sNeeta of the same size.
Estate of Mary Emma Derr
Pennsylvania Inheritance Tax Return
Form REV-1500
EXHIBIT A
Copy of the Certified Death Certificate of the Decedent
L^4 Em c
11f .;._i^4'3ie^Y-.., i < .,t ! .~7 ~tf ~;u ~C'. s:•.S r 'G?, ~ ~-'^i:?vS-- ~ Ci?OTDO,a I'a ~iPi.
_ ., r...r.'.liinrl tnub?
?'ni< i< ID r_erhfy t17at 5Fe ir7funnatiU~~ hers .;
cu tectir i{ri i d,`r~m an on eilill CuVi fii ate a(
{iulY filed with me us Local Regissr'ar. The ~s
_<nilic¢c Ecill ba fcr•,varded t.r the Stale
j<.2CC", .~i~ ~Jl i{l C' i0f i]CI'i17011enf illlp^_.
,r ~ -, i,
'~ ~'.~ r it-; c) Ir n,te'..i
aua xu- uauk COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALtH • VITAL RECORDS
Y~Eii.:r~iFmi" CERTIFICATE OF DEATH
s.•a raN {See ins4u<tions and examples on reverse) suiF FnF,we xFn
sire dGxtuml[au.cgye.hx. wroV 1. Sea ]• wSmury Nwwe, • Wu NOnm prmlM dY.na)
Female 204 - O7 - 9671 January 271 2N9
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- Hill PA 77011
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Estate of Mary Emma Derr
Pennsylvania Inheritance Tax Return
Form REV-1500
EXHIBIT B
Copy of the Last Will and Testament of Mary Emma Derr
Dated June 12, 2006
LAST WILL & TESTAMENT
OF
MARY EMMA DERR
1, Mary Emma Derr, now of 3501 Green Street, Camp Hill, Pennsylvania 17011, do
publish and declare this to be my Last Will and Testament, hereby revoking all other prior
wills and codicils made by me"
FIRST. Family Background and Appointment of Executor.
(A) Family and Back around Information. I am a widow. My husband, Valentine
H. Derr, predeceased me an March 5, 200b. The children of our marriage are Stanley E. Den,
Kathryn A. Swope and Barbara E. Vamer. Throughout this Will, Stanley E. Derr, Kathryn A.
Swope and Barbara E. Varner will be referred to as "my children." The word "issue" will
include my children as well as my other descendants.
(B) Appointment of Executor. 1 appoint as my Executors (all hereinafter referred
to as Executor) under this Will, the following named persons to serve without bond and
without being required to account to any Court:
Executrix: My daughter, Barbara E. Varner
Successor Executrix: My daughter, Kathryn A. Swope
(C} Inter Vivos Trust. She inter vivos trusk agreement referred to in this Wili is
entitled "The Mary Emma Derr Trust," by and between Mary Emma Derr, as Settlor, and
Mara Emma Derr- as Tnistee. as now in effect or as may hereafter be amended.
SECOND. Funeral and Last 111ness Expenses; Taxes.
(A) Expenses of Funeral and Last Illness. 1 direct my Executor to pay my funeral
expenses and the expenses of my last illness from my estate, In addition, my Executor may
notify the Trustee of the Trust described in paragraph 0 of any such expenses and my
Executor may accept reimbwsement fi-om such Trustee.
(B) Taxes. 1 direct my Executor to pay any and all estate, inheritance, succession,
legacy, transfer and other death taxes or duties, by whatever name cal3ed, in~litding-any-ark-- - - "
all interest and penalties thereon imposed-under aws o any jurisdiction by reason of my
ea upon or with respect to any and all property included in my gross estate for the purpose
G~l~i
LAST WILL c4z TESTAMENT
OF
MARY EMMA DERR
P.4GE20F71
of such taxes, whether such property passes under or outside of this Will. Without any
apportionment otherwise required bylaw and without being prorated or apportioned among or
charged against the respective devises; legatees, beneficiaries, transferees, or other recipients
of any such property or charged against any property passing or which may have passed to
any of them, I direct that any taxes so paid shall be charged against my residuary estate. My
Executor shall not be entitled to reimbursement for any portion of .any such [axes from any
such person. The foregoing provisions of this Article 0 shall not apply to such portion or
portions of said taxes, interest and penalties which may be required to be paid, or are actually
paid or reimbursed, by the Trustee of the Trust described in Paragraph 0, above.
THIRD. Tangible Personal Property. Except for those items excluded below
and tYrose items enumerated in the Letter of Instruction, I bequeath all my tangible personal
property, including but not limited to clothing, jewelry, heirlooms, furniture, household
furnishings, personal effects, motor vehicles, and all other similar articles, which I own, and
the insurance thereon, my children, Stanley E. Derr, Kathryn A. Swope and Barbara E.
Varner, per stirpes. Tangible personal property shall not include: (]} any and all property
used by me in any business, (2) cash on hand or on deposit in banks, (3) stock or securities,
(4) any type of evidence of indebtedness, and 15) ary fife, health or accident insurance
policies.
if there is any disagreement as to distribution, I direct my Executors to make such
distribution. The decision of my Executors shall be final and binding. Any items not selected
or any items which my Executors considers wisuitable for rriy children may be distributed or
sold in the sole discretion of my Executors and; if sold, the net proceeds therefrom shall be
added to the residue of my estate. Any such article allocated to a minor may, as my Executor
deems advisable, either be delivered to [he minor or to any person to safeguard on behalf of
the minor.
Notwithstanding any other provisions in this Article 0, I may leave a separate, dated
and unsigned Letter of Instruction, which I shall place with my Will, containing directions as
to the ultimate disposition of certain of the property bequeathed under this Article 0, and such
Letter of Instruction shall determine the distribution of such items.
FOURTH. Residuary Estate. ]devise and bequeath~_ ue an
remainder of my estate, real uersnnal-and-mixed; ~liaEever nature and wherever situated to
wl3ieh~-amtegal7y or equitably entitled, to the then-acting Trustee(s) of the Trust described in
u~~
LAST WILL & TESTAMENT
OF
MARY EMMA DERR
PAGE 3 of I I
Paragraph 0 of this Will, to be held, administered and distributed pursuant to [he terms
thereof, as the same may be amended from time to time. Sy this devise and bequest of my
residuary estate I hereby exercise all Powers of Appointment I possess at the time of my death
except any power of appointment which I possess under the Trust described in Paragraph 0 of
this Wi11.
First. Powers of Executor. In addition to the powers and duties as may have
been granted elsewhere in this Wi]], but subject to any limitations stated elsewhere in this
Will, the Executor shall have and exercise exclusive management and control of the Estate
and sha}1 be vested with the following specific powers and discretion, in addition to the
powers as may be generally conferred from time to time upon the Executor by law:
(A) In the management, care and disposition of the Estate, the Executor
shall have the power to do all things and to execute such instruments, deeds, or other
documents as maybe deemed necessary or proper, including the following powers, al]
of which may be exercised without order of or report to any Court:
I. To sett, exchange or otherwise dispose of any property at any
time held or acquired hereunder, at public or private sale, for cash or on terms,
without advertisement, including the right to lease for any term
notwithstanding the period of the Estate, and to grant options, including any
option for a period beyond the duration of the Estate; except that, in lieu of any
binding shareholder agreement or buyisell agreement to the contrary, the
Executor shall not be permitted to sell the stock or any other ownership interest
in any business owned by me, or held in trust, at my death, without first
offering the same for sale to my children, or without next offering the same to
the corporation or business represented by such evmership interest for
redemption.
2. To invest all monies in such stocks, bonds; securities,
mortgages, notes, chooses in action, real estate or improvements thereon, and
any other property as the Executor may deem best; without regard to any law
now or hereafter enforced limiting investments of fiduciaries, except that the
Executor may not invest in any securities issued l~_~E. or, or
__ --__
issued by a Harp + ~rr"s--~~ny of such Executor.
,x~L~-
LAST WILL & TESTAMENT
OF
MARY EMMA DERR
PAGE 4 0>< ll
3. To retain for investment any property deposited with the
Executor- hereunder; except that the Executor may not retain for investment
any stock in the corporate Executor, or in a parent or affiliate company of such
Executor.
4. To vote in person or by proxy any corporate stock or other
security and to agree to or take any other action in regard to any
reorganization, merger, consolidation, liquidation, bankruptcy or other
procedure or proceedings affecting any stock, bond, note or other security.
5. To use attorneys, real estate brokers, accountants and other
agents, if such employment is deemed necessary or desirable, and to pay
reasonable compensation for their services.
6. To compromise, settle or adjust any claim or demand by or
against the Estate and to agree to any rescission or modification of any contract
or agreement affecting the Estate.
7. To renew any indebtedness, as well as to borrow money, and to
secure the same by mortgaging, pledging or conveying any property of the
Estate.
8. To retain and carry on any business in which the Estate ;nay
acquire an interest, to acquire additional interest in any such business, to agree
to the liquidation in kind of any corporation in which the Estate may have an
interest and to carry on the business thereof, to join with other owners in
adopting any form of management for any business or property in which the
Estate may have an interest, to become or remain a partner, general or limited,
in regard to any such business or property and to hold the stock or other
securities as an investment, and to employ agents and confer on them authority
to manage and operate the business, property or corporation, without liability
for the acts of such agent or for any loss, liability or indebtedness of such
business if the management is selected or retained with reasonable care.
---
9. 7o re ist -or-othef security in the name of a
--- _ nominee, without the addition of words indicating that such security is held in
a fiduciary capacity, but accurate records shall be maintained showing that
?~ ~ ~~ ~-~ I, lU
(/l~~
LAST WILL 8t TESTAI~4ENT
OF
MARY EMMA DERR
PAGE 5 OF l 1
such security is a Estate asset and the Executor shall be responsible for the acts
of such nominee.
(B) Whenever the Executor is directed to distribute any Estate assets in fee
simple to a person who is then under twenty-one (21) yeazs of age, the Executor shall
be authorized to hold such property in Trust for such person until helshe becomes
twenty-one (21) years of age, and in the meantime shall use such part of the income
and the principal of the Estate as the Executor may deem necessary to provide for the
proper support and education of such person. If such person should die before
becoming twenty-one (21) years of age, the property then remaining in trust shall be
distributed to the personal representative of such person's estate.
(C) In making distributions from the Estate to or for the benefit of any
minor or other person under a legal disability, the Executor need not require the
appointment of a guardian, but shat] be authorized to pay or deliver the same to the
custodian of such person, to pay or deliver the same to such person without the
intervention of a guardian, to pay or deliver the same to a legal guardian of such
person if one has already been appointed, or to use the same for the benefit of such
person.
(D) In the dis'oursernent of the Estate and any division into separate Crusts
or shares, die Executor shall be authorized to make the distribution and division in
money or in kind, or both, regardless of the basis for income tax purposes of any
property distributed or divided in kind, and the distribution and division made and the
values established by the Executor shall be binding and conclusive on all persons
taking hereunder. The Executor may in making such distribution or division allot
undivided interests in the same property in several Wsts or shares.
(E) The Executor shall be authorized to lend or borrow, including the right
to lend to or borrow from any trusts which 1 or my spouse may have established
during life or by will at an adequate rate of interest and with adequate security, and
upon such terms and conditions as the Executor shaII deem fair and equitable.
(F) The Executor shall be authorized to sell or purchase at the fair market
value as determined by the Executor, ~n}~prep~-y-te-cr-fi-ortr-an~st created by me
,~, _i ~~`
-~
~'~/
LAST WILL & TESTAA4ENT
OF
MARY EMMA DERR
PAGE 6 OF 11
or my spouse during life or by Will, even though the same person or corporation may
be acting as Executor of my estate or as Trustee of any of my other trusts.
(G) The Executor shall have discretion to determine whether items should
be charged or credited to income or principal or allocated between income and
principal as the Executor may deem equitable and fair under all the circumstances,
including the power to amortize or fail to amortize any part or all of any premium or
discount, to treat any part or all of the profit resulting from the maturity or sale of any
asset, whether purchased at a premium or at a discount, as income or principal or
apportion the same between income and principal, to apportion the sales price of any
asset between income and principal, to treat any dividend or other distribution of any
investment as income or principal, or apportion the same between income and
principal, to charge any expense against income or principal or apportion the same,
and to provide or fail to provide a reasonable reserve against depreciation or
obsolescence on any assets subject to depreciation or obsolescence, all as the Executor
may reasonably deem equitable and just under all the circumstances. If the Executor
does not exercise the above discretionary power, the cash or accrual allocation shall be
in accordance with Chapter 8l of Title 20 of the Pennsylvania Consolidated Statutes,
or the corresponding provisions of subsequent state law.
(H) If at any time the total fair market value of the assets of any trust
established or to be established hereunder is so small that the corporate Trustee's
annual fee for administering the trust would be the minimum annual fee set forth in the
Trustee's regularly pubtished fee schedule then, in effect, the Trustee in its discretion
shall be authorized to terminate such trust or to decide not to establish such trust, and
in such event the property then held in or to be distributed to such trust shall be
distributed to the persons who are then or would be entitled to the income of such
trust. If the amount of income to be received by such persons is to be determined in
the discretion of the Trustee, then the Trustee shall distribute the property among such
of the persons to whom the Trustee is authorized to distribute income, and in such
proportions, as the Trustee in its discretion shall determine.
(I) Except as otherwise provided in this Will, when the authority and
power under this Will is vested in two (2) or more Executors or Trustees the ~ +~ '+~----- - -
~_-_ ,
and owers are to _he.__held _ p y
P ~ -}etrtt}y ~rthe`Executors or Trustees, res ectwel A
majority of the Executors or Trustees may exercise any authority or power granted
~1~<~ Its
~r%~
LAST WILL & TESTAMENT
OF
MARY EMMA DERR
PAGE 7 OF 11
under this Will or gamed by law, and may act under this Will. Ary attempt by one
such Executor or Trustee to act under this Will on other than ministerial acts shall be
void. The action of one such Executor or Trustee under this Will may be validated by
a subsequent ratification of the act by a majority of the Executors or Trustees.
Second. Rights and Liabilities of Executor.
(A) No bond or other security shall be required of any Executor.
(B) This instrument always shall be construed in favor of the validity of
any act or omission by any Executor, and any Executor shall not be liable for any act
or omission except in the case of gross negligence, bad faith or fraud. Specifically, in
assessing the propriety of any investment, the overall performance of the entire Estate
shall be taken into account.
(C) Each Executor shall be entitled to receive reasonable compensation for
services actually rendered to my estate, in an amount the Executor normally and
customarily charges for performing similar services during the time which he,~she
performs the services.
(T~) Suendthrift °rovision. Na beneficiary shall have the power to
anticipate, encumber or transfer his or her interest in the estate in any manner other
than by the valid exercise of a power of appointment. No part of the estate shall be
liable for or charged with any dehts, contracts, liabilities ar torts of a beneficiary or
subject to seizure or other process by any creditor of a beneficiary.
Third. Tax Elections.
(A) In determining the zstate, inheritance and income tax liability relating
to my Estate, the Executor's decision as to ali available tax elections shall be
conclusive on all coneemed. If the Executor joins with my spouse in filing income tax
returns, or consenting for gift tax purposes to having gifts made by either of us during
my life considered as having been made one-half by each of us, any resulting liability
shall be borne by my Estate and my spouse in such proportions as they may ogee. In
accordance with IRC Section 2b32(a) and without regard to whetheraF~dera)-zstate
__-- -
tax _return is_actually-~}ed~ -rnq~utor ~ allocate so much of the Federal
l~-~~
LAST WILL & TESTAMENT
OF
MARY EMMA DERR
PAGE 8 OF ll
Generation Skipping Transfer (GSTI exemption amount as will fully exempt any
generation skipping transfer which may occur under this Wi11.
(B) The Executor may, in its discretion, determine the date as of which my
gross estate shall be valued for the purpose of determining the applicable tax payable
by reason of my death.
(C) The Executor may, in its discretion, decide whether all or any part of
certain deductions shall be taken as income tax deductions (even though they may
equal or exceed the taxable income of my estate and whether or not claimed or of
benefit on my estate's income tax return) or as estate tax deductions when a choice is
available; and in the event that all or any part of such deductions are taken as income
tax deductions, no ad}ustment of income and principal accounts in my estate shat] be
made as a result of such decisions.
Faurth. Definitions and General Provisions.
(A) Survival. Any beneficiary who dies within sixty (6p) days after my
death shall he considered not to have survived me.
(B) Cavticns. The captions set forth in this Will at the beginning of the
various articles hereof are for convenience of reference only and shall not be deemed
to define or limit the provisions hereof or to affect in any way their constnaetion and
application.
(C) Children. As used in this Will, the words "child" and "children" shall
include persons who are legally adopted and the issue of said persons, whether born in
or nut of wedlock; so long as any person born out of wedlock is acknowledged Sn a
written instrument executed by the one of their natural parents who is a descendant of
mine to be the child of said descendant. The word "issue" shall include descendants of
all generations including adopted persons. A posthumous child shall be considered as
living at the death of his parent. The birth to me or the adoption by me of a child or
children subsequent to the execution of this Will shall not operate to revoke this Will.
Except for discretionary distributions which may be made unequally amon~a g_ro~of-----
persons and distributions pursuan to a ~ ~,t a exereis~ofa power of appointment, in
___ _ - --------~nakirr~~dislnFiution to the children of any person, the property to be distributed shall
be divided into as many shares as there are living children of the person and deceased
~'~~
LAST WILL & TESTAMENT
OF
MARY EMMA DERR
PAGE 9 QF 11
children of the person who ]eft children who are then living. Each living child shalt
take one share and the share of each deceased child shall be divided among his then-
livingdescendants in the same manner.
(D) Code. Unless otherwise stated, all references in my Will to section and
chapter numbers are to those of the Internal Revenue Code of 1986, as amended, or
the corresponding provisions of any subsequent federal tax laws applicable to my
estate
(E) Other terms. The use of any gender includes the other genders, and the
use of either the singular or the plural includes the other.
(F) Powers of Appointment are Exercised. By this Will I exercise any and al]
Powers of Appointment which I possess at the time of my death except any power of
appointment which I possess under the Trust described in Paragraph 0, above.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BL_?N?K
v`F~I//~
3N WITNESS WHEREOF, I, Mary Emma Derr, the Testatrix, have to this my Last Will and
Testament, typewritten on eleven (l 1) pages, including the Acknowledgment and Affidavit, set
my hand and seal this rz day of June, 2006.
~~-~~.
Mary Emma Derr
Signed, sealed, published and declared by the above-named Testatrix, as and for her Last Wil]
and Testament, in the presence of us, ~vho have hereunto subscribed our names at his request, as
witnesses hereto, in the presence of the said Testatrix, and in the presence of each other. Each of
us further declares that he or she believes the Testatrix to be of sound mind and memory. The
preceding instrument consists of this and ten (10) other conseculively numbered typewritten
pages including the Acknowledgment and Affidavit.
1_~~'~~. ~~ _~--'- residing at~'>~f..^<:; ~ , , , . t-'i~
(prier name) ~
~~
n'^ ~~ ` residing at /~~/~~ti~G~ ~cf~_
i
(print name)
ACKNOWLEDGMENT AND AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CIJMSERLAND
S S:
The Testatrix and the witnesses whose names are signed and subscribed to the attached or
foregoing instrument, being first duly sworn and qualified according to law, do hereby
acknowledge, depose and say to the undersigned authority, that the Testatrix signed and executed
the instrument as her Last Will in the presence of the witnesses; that she signed it willingly or
willingly directed another to sign it for her; that she executed it as her free and voluntary act for
the purposes therein expressed; that each of the witnesses were present and saw the Testatrix
sign and execute the instrument as her Last Will; that each subscribing witness in the hearing and
sight of the Testatrix signed the will as witnesses; and that to the best of their know}edge the
Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint
or undue influence.
Testatrix
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
~~.
On this. the ~~ day of June; 2006, before me, a Notary Public, the undersigned officer,
personally zppeared MARY EMMA DERR and the witnesses, known to me er satisfactorily
proven tc be ti,e persons whose names are subscribed to the within Will executed the same, and
that said persons acknowledged that they executed the same for the purposed therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official Seal.
Notarial Seal
Victoria M. RarJrin, Notary Public
Lemoyno Boro. Cumberland CouAy
MY Commssiw, Expires Aug. 27.2006
Member. Pennsylvania gssodaryon O, Notaries
,vU,a,y r um,c
My Commission Expires:
Estate of Mary Emma Derr
Pennsylvania Inheritance Tax Return
Form REV-1500
EXHIBIT C
Copy of the Mary Emma Derr Trust
Dated June 12, 2006
THE
MARY EMMA DERR
TRL3ST
THIS TRUST AGREEMENT is executed in triplicate on this ~°~ day of June, 2006,
by and between Mary Emma Derr, now of 3501 Green Street, Camp Hill, Pennsylvania 17011
(herein called "Settlor") and Mary Emma Derr, now of 3501 Green Street, Camp Hill,
Pennsylvania 17011 (herein called "Trustee").
ARTICLE I.
TRUST ESTATE
Section 1.01 Initial Principal. The Settlor, desiring to establish an irrevocable trust,
does hereby irrevocably transfer, assign and deliver to the Trustee and her successors, and
assigns the assets listed on SCHEDULE "A", attached hereto and made a part hereof. As further
evidence of such assignment, the Settlor has executed or will execute or cause to be executed
such other instruments as may be required for the purposes of completing the assignment or
transfer of title to such property to the Trustee. The Trustee accepts such transfer and
assignment to herself as Trustee, and undertake to hold, manage. invest and reinvest the assets of
this Trust, and to distribute the income and principal of the Trust in accordance with the
provisions of this Agreement.
Section 7.02 Additional Principal. The Settlor and any other person or persons, ~a~ith
the consent of the Trustee, shall have the right at any time io make additions to the corpus of this
Tnrst ar any share thereof hereby established. All such additions shall be held, governed, and
distributed by the Trustee in accordance with the terms and conditions of this Agreement. The
Trustee, in its sole discretion, may require, as a prerequisite to accepting property, that the
transferring party provide evidence satisfactory to the Trustee that (i) the property is not
contaminated by any hazardous or toxic materials or substances; and (ii) the property is not
being used and has never been used for any activities directly or indirectly involving the
generation, use, treatment, storage, disposal, release or discharge of any hazardous or toxic
materials or substances.
Section 3.03 Disclaimer. The Trustee shall have the right to disclaim, in whole or in
part, prior to its acceptance by the Trustee, any interests in property for_any r~acnn~"-----_
not limited to a concern that su sperE}~rl-ramie pot'enffal liability under any federal, state,
---- ----- enviiomnental law.
ARTICLE II.
IRREVOCABILITY OR TRUST
Section 2.01 Irrevocability. The Settlor has been advised of the consequences of an
irrevocable trust and hereby declare that this Trust shall be irrevocable and shall not be altered,
amended, revoked, or terminated by Settlor or any other person or persons.
ARTICLE III.
LIFE INSURANCE POLICIES
Section 3.01 General Provisions. If any insurance policies are transferred into this
Trust, the Trustee shall be vested with all right, title, and interest in and to the transferred
policies of insurance, and are authorized and empowered to exercise and enjoy, for the purposes
of the Trust herein created and as absolute owner of such policies of insurance, all the options,
benefits, rights and privileges under such policies, including the right to borrow upon and to
pledge them for a loan or loans. The Trustee takes all rights, title, and interest in and to the
above stated insurance policies subject to any prior split-dollar life insurance agreement and
assignments, which may be in effect at the time of transfer. The insurance companies which
have issued policies are hereby authorized and directed to recognize the Trustee as absolute
owners of such policies of insurance and as fully entitled to al] options, rights, privileges, and
interests under such policies, and any receipts, releases, and other instruments executed by the
Trustee in connection with such policies shall be binding upon all persons interested in this
Trust, The Settlor hereby relinquishes all rights, title, interest and powers in such policies of
insurance which Settlor may own and which rights, title, interest and powers are not assignable,
and will, at the request of the Trustee, execute all other instruments reasonably required to
effectuate this relinquishment.
Section 3.02 Payment of Premiums. The Trustee shall be under no obligation to pay
the premiums which may become due and payable under the provisions of any policy of
inswance which may be transferred or assigned to this Trust, or to make eer'ain that such
premiums are paid by the transferor of such policy, or to notify any persons of the nonpayment
of such premiums, and the Trustee shall be under no responsibility or liability of any kind in case
such premiums are not paid, except the Trustee shat] apply any dividends received on such
policies to the payment of premiums thereon. Upon notice at any time during the continuance of
this Trust that the uremiums due upon such policies are in default, or that premiums which will
become due will not be paid; either by the transferor or by any other person, the Trustee, within
their sole discretion, may apply any cash values attributable to such policy to the purchase of
paid-up insurance or of extended insurance, or may borrow upon such policy for the pa}nnent of
premiums due thereon, or may accept the cash values of such policy upon the policy's forfeiture.
In the event that the Trustee receives the cash value of such policy upon its forfeiture for
nonpayment of premiums, the amount received shall be added to the corpus of this Trust and_
___ -
shall be administered according to the terms_of this t--}f- insured ender such
THE
MARY EMMA DERR
TRUST
PnGE 2OF 14
policies of insurance, becomes totally and permanently disabled within the meaning of any
policies and because thereof the payment of premiums, or any of them, shall during the
pendency of such disability, be waived, the Trustee, upon receipt of such knowledge, shall
promptly notify the insurance company which has issued such policies, and shall take any and all
steps necessary to make such waiver of premium provision effective.
Section 3.03 Duties of Trustee With Regard to Life Insurance Policies. The Trustee
shall be under no obligation or duty whatever except with respect to the safekeeping of such
policies of insurance and the duty to receive such sums as may be paid to them, in accordance
with the requirements of this Trust, by the companies issuing such policies, and to hold, manage
and disburse such proceeds subject to the terms of this Agreement. Upon the death of the
insured, the Trustee shall make reasonable efforts to carry out the provisions of this Agreement.
including the maintenance or defense of any suit, provided, however, the Trustee shall be under
no duty to maintain or enter into any litigation unless its expenses, including counsel fees and
costs, have been advanced or guaranteed in an amount and in a manner reasonably satisfactory to
the Trustee The Trustee may repay any advances made by them or reimburse themselves for any
such fees and costs from any corpus or income of this Trust.
ARTICLE IV.
TRDST DISTRIBUTIONS
Section 4.O1 Trust Principal. The entire carpus of this Trust, including the assets
initially transferred to this Trust, subsequent additions to this Trust, and the proceeds of any sale,
exchange or investment of such Trust assets, shall be used for the purposes herein contained.
Section 4.D2 Income Distribution. During the Settlor's lifetime, the Trustee shall
distribute all of the net income of the trust to, or for the beneftt of, Mary Emma Derr, for and
during the remainder of her life, provided that if Mary Emma Derr should be admitted into a
long-term care facility for a period of time greater than ninety (90) days, then the Trustee shall
discontinue distribution of al{ income, and shall accumulate any and all of the net income of the
trust, and shall add such nci income to the principal of the trust. The Trustee shall make no
distribution of principal to, or for the benefit af, the Settlor.
Section 4.03 Principal Distributions. Upon the death of the Settlor, the Trust shall
terminate. Upon termination, all the rest, residue and remainder of the Trust estate shall be
distributed in the following manner:
(a) Fifty Percent (50%) of the rest, residue and remainder of the Tnst estate
shall be distributed to the Settlar's daughter, Kathryn A. Swope.
(b) Fifty Percent (50%) of the rest, residue and remainder of the Tiust_,estate--- -
shall be distributed to the Setth'c rta>,.g#'~>-$arbar~~rner.
THE
MARY EMMA DERR
TRUST
PAGE ~ OF ]4
(c) The Settlor acknowledges her son, Stanley E. Derr. However, the
Trustee shall not make any distributions of income or principal from the Trust estate to
Settlor's son, Stanley E. Derr.
If either of Kathryn A. Swope or Barbara E. Varner predeceases the termination of
this Trust, the predeceased daughter's share shall be distributed to the predeceased daughter's
issue, per stirpes. If either of Kathryn A. Swope or Barbara E. Varner predeceases the
termination of this Trust without leaving issue, then such predeceased daughter's share shall be
distributed to the then-living Kathryn A. Swope or Barbara E. Varner, per stirpes.
Section 4.04 General Power of Appointment. Kathryn A. Swope and Barbara E.
Varner are hereby granted the genera] power to appoint some or a31 of the principal of this Trust
to themselves and their estates, in such proportions and upon such terms (in trust, outright gifts,
or in any other manner) as they jointly deem advisable. This power shall not be exercisable
under their Wills. If Kathryn A. Swope and Barbara E. Varner fail, either in whole or in part,
to exercise this general power of appointment herein granted, the unappointed principal shall
continue in trust and shall be administered according to the terms of this Trust. Upon the death,
resignation, removal or incapacity of Kathryn A. Swope or Barbara E. Varner, the survivor of
them shall exercise the general power of appointment under this provision. Prior to the exercise
of the General Power of Appointment by Kathryn A. Swope and Barbara E. Varner, they
must provide a written notice of the intent to exercise this power to the then-current Trustee.
The Trustee shall inform the Settlor of the intent to exercise this Genera] Power of Appointment.
For a period of ten (10) days, the Settlor may veto the proposed exercise of the General Power of
Appointment. After the ten (10) day period expires, the proposed exercise of the Genera] Power
of Appointment shall take effect unless the Trustee has received written veto from the Settlor,
4.05. Broad Special Power of Appointment. Mary Emma Derr is hereby granted
the special power to appoint, at any time and from time to time, the principal of this Trust, in
whole or in part, and in any manner and in such proportions as she deems advisable to whomever
she desires. This power shall be exercisable by her Will, specifically referring to this special
power of apnointmen± ir. this paragraph 4.U5 cf this Trust. This special power of appointment
does not grant to her the power to appoint the principal of this trust to herself, her estate, her
creditor, or the creditors of her estate. If she fails, either in whole or in part, to exercise this
special power of appointment herein granted, the unappointed principal shall continue in trust
and shall be administered according to the terrvs of this trust_
ART]CLE V.
POWERS OF TRUSTEES
Section S.OI General Powers. In addition to such other powers and duties as may
have been granted elsewhere in this Trust, but subject to any limitations contained elsewhere in
this Trust, the Trustee shall have the following powers and_duties;__ ~--~~-~-
t THE
MARY EMMA DEAR
TRUST
PAar4oF 14
(a) In the management, care and disposition of this Trust, the Trustee shall
have the power to do all things and to execute such deeds, instruments, and other
documents as may be deemed necessary and proper, including the following powers, all
of which may be exercised without order of or report to ary court:
(i) To sell, exchange, or otherwise dispose of any property,
real, personal or mixed, wheresoever located, at any time held or acquired
hereunder, at public or private sale, for cash or on terns as may be
determined by the Trustee, without advertisement, including the right to
lease for any term notwithstanding the period of the Trust, and to grant
options, including an option for a period beyond the duration of the Trust.
(ii) To invest all monies in such stocks, bonds, securities,
investment companies or trust shares, mortgages, notes, chooses in action,
real estate, improvements thereon, and other property as the Trustee may
deem best, without regard to any law now or hereafter in force limiting
investments of fiduciaries; except that the Trustee may not invest in any
stock or securities issued by the corporate Trustee or issued by a parent or
affiliate company of such Trustee.
(iii) To retain for investment any property deposited with the
Trustee hereunder; except that the Trustee may not retain for investment
any stock or securities in the corporate Trustee or in a pazent or affiliate
company of such Trustee.
(iv) To vote in person or by proxy any corporate stock or other
security and to agree to or take any other action in regard to any
reorganization, merger, consolidation, liquidation, bankruptcy or other
procedure or proceedings affecting any stock, bond, note or other security
held by this Trust,
(v) To use lawyers, real estate brokers, accomrtants and any
other agents, if such employment is deemed necessary or desirable, and to
pay reasonable compensation for their services.
(vi) To compromise, settle or adjust any claim or demand by or
against the Trust and to agree to any rescission or modification of any
contact or agreement affecting the Trust.
(vii) To renew any indebtedness, as well as to borrow money, _
and to secure the same by mortgaging, pledging or_ cotA~
-- - -axy__-. -_-
Txi=
MARY EMMA DERR
TRUST
PAGE 5 OF 14
property of the Trust, including the power to borrow from the Trustee (in
the Trustee's individual capacity) at a reasonable rate of interest.
(viii) To retain any business interest transferred to the trustee, as
shareholder, security holder, creditor, partner ar otherwise, for any period
of time whatsoever, even though the interest may constitute all or a large
portion of the trust principal; to comply with the provisions of any
agreement restricting transfer of the interest; to participate in the ccnduct
of the related business or rely upon others to do so, and to take or delegate
to others discretionary power to take any action with respect to its
management and affairs which an individual could take as outright owner
of the business or the business interest, including the voting of stock (by
separate trust or otherwise regazdless of whether that separate trust will
extend fora term within or beyond the term of the trust) and the
determination of all questions of policy; to execute and amend partnership
agreements; to participate in any incorporation, reorganization, merger,
consolidation, sale of assets, recapitalization, liquidation or dissolution of
the business, or any change in its nature, or in any buy-sell, stock
restriction, or stock redemption agreements; to invest in additional stock
or securities of, or make secured, unsecured, or subordinated loans to, the
business with trust funds; to take all appropriate actions to prevent
identify, or respond to actual or threatened violations of any
environmental law or regulation thereunder; to elect or employ with
compensation, as directors, officers, employees, or agents of the business,
any persons, including a trustee of any trust held under this instrument, or
any director, officer, employee, or agent of a corporate trustee of any trust
held under this instrument, without adversely affecting the compensation
to which that trustee would otherwise be entitled; to rely upon reports of
certified public accountants as to the operations and financial condition of
the business, without independent investigation; to deal with and act for
the business in any capacity (including in the case of a corporate trustee
any banking or trust capacity and the loaning of money out of the trustee's
own funds) and to be compensated therefor; and to sell or liquidate the
business or any interest in the business.
(ix) To register any stock, bond or other security in the name of
a nominee, without the addition of words indicating that such security is
held in a fiduciary capacity, but accurate records shall be maintained
showing that the stock; bond or other security is a trust asset and the
Trustee shall be responsible for the acts of the nominee.
THE
MARY EMMA DERR
TRUST
PAGE 6 OE 14
(x) To merge this Trust with any other trust created in my Will
or otherwise, with similar provisions and purposes and the same
beneficiary or beneficiaries, but only to the extent that the merger of the
trusts will not cause the imposition of gift tax or generation-skipping tax,
federal or otherwise.
(xi) To set aside as a separate trust, to beheld and administered
upon the same terms as those governing the remaining trust property, any
interests in property, for any reason, including but not limited to a concern
that such property could cause potential liability under any federal, state,
or local environmental law.
Section 5.02 Whenever the Trustee is directed to distribute any trust principal in fee
simple to a person who is then under twenty-one (21) yeazs of age, the Trustee shall be
authorized to hold such property in trust for such person until he becomes twenty-one (21 }years
of age, and in the meantime shall use such part of the income and the principal of the trust as the
Trustee may deem necessary to provide for the proper support and education of such person in
the standard of living to which he has become accustomed. If such person should die before
becoming twenty-one (21) years of age, the property then remaining in trust shall be distributed
to the personal representative of such person's estate.
Section 5.03 In making distributions from the Trust to or for the benefit of any minor or
other person under a Iega1 disability, the Trustee need not require the appointment of a guardian,
but shall be authorized to pay or deliver the distribution to the custodian of such person, to pay
or deliver the distribution to such person withoui the intervention of a guazdian, to pay or deliver
the distribution to the legal guardian of such person if a guardian has already been appointed, or
to use the distribution for the benefit of such person.
Section 5.04 In the distribution of the Trust and any division into separate ousts and
shares, the Trustee shall be author-;zed to make the distribution and division in money or in kind
or in both, regardless of the basis for income tax purposes of any property distributed or divided
in kind, and the distribution and division made and the values established by the Trustee shall be
binding and conclusive on all persons taking hereunder. The Trustee may in making such
distribution or division allot undivided interests in the same property to several trusts or shares.
Section 5.05 If at any time after Senior's death the total fair market value of the assets
of any trust established or to be established hereunder is so small that the corporate Trustee's
annual fee for administering the trust would be equal to or less that the minimum annual fee set
forth in the Trustee's regularly published fee schedule, then the Trustee in its discretion shall be
authorized to terminate such trust or to decide not to establish such trust, and in such event the
ro ert then held in or to be distributed to such trust shall be distrib~fn ch:
THE
MARY EMMA DERR
TRUST
PAGE 7 QF 14
then or would be entitled to the income of such trust. if the amount of income to be received by
such persans is to be determined in the discretion of the Trustee, then the Trustee shall distribute
the property among such of the persons to whom the Trustee is authorized to distribute income,
and in such proportions, as the Trustee in its discretion shall determine.
Section 5.06 The Trustee shall be authorized to ]end or borrow, including the right to
lend to or borrow from the Seitlor's estate, at an adequate rate of interest and with adequate
security and upon such terms and conditions as the Trustee shall deem fair and equitable.
Section 5.07 The Trustee shall be authorized to sell or purchase, at the fair market value
as determined by the Trustee, any property to or from Settlor's estate; the estate of Settlor's
spouse, or any trust created by Settlor or Settior's spouse during life or by will, even though the
same person or corporation maybe acting as executor of Settlor's estate or the estate of Settlor's
spouse or as trustee of any other such trusts and as the Trustee of this Trust.
Section 5.08 The Trustee shall have discretion to determine whether items should be
chazged or credited to income or principal or allocated between income and principal as the
Trustee may deem equitable and fair under all the circumstances, including the power to
amortize or fail to amortize any part or all of any premium or discount, to treat any part or all of
the profit resulting from the maturity or sale of any asset, whether purchased at a premium or at a
discount, as income or principal or apportion the same between income and principal, to
apportion the sales price of any asset between income and principal, to treat any dividend or
other distribution on any investment as income or principal or to apportion the same between
income or principal, to charge any expense against income or principal or apportion the same,
and to provide or fail to provide a reasonable reserve against depreciation or obsolescence on
any asset subject to depreciation or obsolescence, all as the Trustee may reasonably deem
equitable and just under all of the circumstances.
Section 5.09 The Trustee is hereby authorized and empowered to purchase such
insurance policies as they deem appropriate.
Section 5.10 Actions and Voting by Trustees. When the authority and power under
this Trust is vested in two (2) or more Trustees or Co-Trustees, the authority and power under
this Trust or granted by law shall be vested in, and exercised by; each of the Trustees jointly,
such that each Trustee ma_y only act jointly, ir, the administration or under the terms of the Tract
agreement.
Section 5.11 Trustee's Power to Deal with Environmental Haaards. The Trustee
shall have the power to use and expend the trust income and principal to (i) conduct
environmental assessments, audits, and site monitoring to determine compliance with any
environmental law or regulation thereunder: (ii) take all appropriate remedial actiea-te~eerrtairr;'
clean up or remove_ any ~nvirearrterrta}-traz~rd- r`nc1uding a spill, release, discharge or
TxE
MARY EMMA DERR
TRUST
Pacr 8 or 14
contamination, either on its own accord or in response to an actual or threatened violation of any
environmental law or regulation thereunder; (iii) institute legal proceedings concerning
environmental hazards or contest or settle legal proceedings brought by any local, state, or
federal agency concerned with environmental compliance, or by a private litigant; (iv) comply
with any local, state or federal agency order or court order directing an assessment, abatement or
cleanup of any environmental hazards; and {v) employ agents, consultants and legal counsel to
assist or perform the above undertakings or actions. Any expenses incun-ed by the trustee under
this paragraph maybe charged against income or principal as the trustee shall determine.
ARTICLE VI.
SPENDTI3RIFT PROVISION
Section b.01 General Provision. No beneficiary shall have the power to anticipate,
encumber or transfer his interest in the Trust Estate in any manner other than by the valid
exercise of a Power of Appointment. No part of the Trust Estate shall be liable for or charged
with any debts, contacts, liabilities or torts of a beneficiary or subject to seizure or other process
by any creditor of a beneficiary.
ARTICLE VII.
CONSTRUCTION OF TRUST
Section 7.01 Choice of Law. This Trust shall be administered and interpreted in
accordance with the laws of the Commonwealth of Pennsylvania.
Section 7.02 Code. Unless otherwise stated, al] references in this Trust to section and
chapter numbers are to those of the Internal Revenue Code of 1986, as amended, or
corresponding provisions of any subsequent federal tax laws applicable to this Trust.
Section 7.03 Other Terms. Unless the context otherwise requires, the use of one or
more genders in the text includes all other genders, and the use of either the singular or the plural
in the text includes both the singular and the plural.
Section 7.04 Captions. The captions set forth in this Agreement at the beginning of the
various divisions hereof are for convenience of reference only and shall not be deemed to define
or limit the provisions hereof or to affect in any way their construction and application.
Section 7.05 Situs of Trust. The Trust shall have its legal situs in Cumberland County,
Pennsylvania.
THE
MARY EMMA DERR
TRUST
PAGE 9 OF 14
ARTICLE VIII.
COMPENSATION OF TRUSTEES
AND
APPOINTMENT OF SUCCESSOR TRUSTEES
Section 8.01 Compensation. The Trustee shall receive as her compensation for the
services performed hereunder that sum of money, based on an hourly charge or percentage rate,
which the Trustee normally and customarily charge for performing similar services during the
time which they perform these services.
Section 8.02 Removal of Trustee. Settlor, may remove the Trustee, or any of them, at
any time or times, with or without cause, upon thirty (30) days' written notice given to the
curcent Trustee. Upon the death of the Settlor, a majority of the current income beneficiaries
may remove the Trustee, or any of them, at any time or times, with or without cause, upon thirty
(30) days' written notice given to the Trustee. Upon the removal of the Trustee, a successor
Trustee shall be appointed in accordance with the terms set forth in Section 8.03.
Section 8.03 Appointment of Successor Trustee. The Trustee may resign at any time
upon thirty (30) days' written notice given to the Settlor or upon the death of the Settlor, upon
thirky (30) days' written notice given to the current income beneficiary or beneficiaries
(including a beneficiary's natural or legal guardian or legal representative), hereunder. Upon the
death, resignation; removal or incapacity of the Trustee, Kathryn A. Swope and Barbara E.
Varner shall become the successor co-trustees. Upon the death, resignation, removal or
incapacity of Kathryn A. Swope and Barbara E. Varner, then additional successor trustees
maybe appointed by the Settlor during her lifetime, or, after Settlors death, by a majority of the
current income beneficiaries. Rny successor trustee shall be a financially sound and competent
corporate trustee. Any successor trustee thus appointed, or, if the Trustees shall merge with or
be consolidated with another corporate fiduciary, then such corporate fiduciary; shall succeed to
all the duties and to al] the powers, including discretionary powers, herein granted to the
Tmstees.
Section 8.04 Exoneration of Trustee. No Trustee shat] be liable for any loss or
depreciation in value sustained by the Trust as a result of the Trustee retaining any property upon
which there is later discovered to by hazardous materials or substances requiring remedial action
pursuant to anY federal; state; or local environmental law, unless the Trustee contributed to the
loss or depreciation in value through willful default, willful misconduct, or gross negligence.
Section 8.05 Indemnification of Trustee Upon Distribution. Notwithstanding any
contrary provision in this Trust Agreement, the Trustee may withhold a distribution to a
beneficiary until receiving from the beneficiary an indemnification an agreement in which the
beneticiary agrees to indemnify the Trustee against any claims filed against the Trustee as an
Tx>:
MARY EMMA DERR
TRUST
PAGE 10 or ]4
"owner" or "operator" under the Comprehensive Envirottmental Response, Compensation and
Liability Act of 1980, as from time to time amended, or any regulation thereunder.
ARTICLE IX.
PERPETUITIES CLAUSE
Section 9.01 General Provision. Notwithstanding anything to the contrary in this
Trust, each disposition I have made here, legal or equitable, to the extent it can be referred in its
postponement of becoming a vested interest to a duration measured by some life or lives in being
at the time of my death is definitely to vest in interest, although not necessarily in possession, not
later that twenty-one (21) years after such lives (and ary period of gestation involved); or, to the
extent it cannot be referred in any such postponement to such lives, is to so vest not later than
twenty-one (21) years from the time of my death.
ARTICLE X.
ACQUISITION OF UNITED STATES TREASURY BONDS
ELIGIBLE FOR TAX PAYMENT; PAYMENT OF TAXES, FUNERAL
EXPENSES, AND EXPENSES OF ADMINISTRATION
Section 10.01 Acquisition of Bonds. The Trustee may, at any time, without the prior
approval or direction of the Settlor and whether or not the Settlor are able to manage their own
affairs, acquire United States Treasury Bonds selling at a discount, which bonds are redeemable
at their par value plus accrued interest thereon for the purposes of applying the proceeds to the
payment of the United States estate tax on the Settlor's estate; and the Trustee may borrow from
any lender, including itself, with or without security, to so acquire these bonds.
Section 10.02 Pavment of United States Estate Tax by Bond Redemption. The
Settlor direct that any United States Treasury Bonds which may be redeemed at their par value
plus accrued interest thereon for the purpose o£ applying the proceeds to the payment of the
United States estate tax imposed on the Settlor's estate, and which are held by the Trustee, shall,
to the extent of the amount determined to be required for payment of the estate tax, be
distributed to the legal representative of the Settlor's estate to be used by the legal representative
ahead of any other assets and to the fullest extent possible to pay the estate tax.
Section 10.03 Pavment of Death Taxes and Other Estate Settlement Costs. Afrer the
Trustee has complied with Section 10.02; above, acd ascertained from the legal representative
that all such bonds have been redeemed in payment of the United States estate tax, the Trustee
shall also ascertain from the legal representative whether the legal representative has sufficient
assets to pay the remaining legacy, succession, inheritance, transfer, estate and other death taxes
or duties (except the additional estate tax imposed by Section 2032(c), or corresponding
provisions of the internal Revenue Code of 1986 applicable to the Settlor's estate and imposing
- -
t etax _levied_or_.asseased.. against--ihe-,Se~tilor'~-estate--(h~a}t-rnt r~~t-ate-pe--dies
THE
MARY EMMA DERR
Tlzus7
Pace I t Or ]4
thereon}, all of which taxes, interest and penalties are hereafter referred to as the death taxes,
interest and penalties. 1f the legal representative advises the Trustee that insufficient funds exist
to pay all the death taxes, interest and penalties, the Trustee shall then pay to the legal
representative from the trust property, an amount equal to al] the death taxes, interest and
penalties in excess of the funds available to the legal representative for this purposes, which
payments are to be made without apportionment. In making the payments, the Trustee shall use
only those assets or their proceeds which are includable in the Settlor's gross estate for purposes
of the United States estate tax and shall not impair the marital portion without first exhausting
the entire non-marital portion.
Section 10.04 If the Executor of the Settlor's Estate, in such Executor's sole discretion,
shall determine that appropriate assets of Settlor's estates are not available in sufficient amount
to pay (1) the Settlor's funeral expenses, and (2) expenses of administering the Settlor's estates,
the Trustee shall, upon the request of the Executor of the Settlor's estate, contribute from the
principal of the trust estate the amount of such deficiency; and in connection with any such
action the Trustee shall rely upon the written statement of the Executor of the Settlor's estate as
to the validity and correctness of the amounts of any such expenses, and shall furnish funds to
such Executor so as to enable such Executor to dischazge the same, or to discharge any part of all
thereof itself by making payment directly to the person entitled or claiming to be entitled to
receive payment thereof. No consideration need be required by the Trustee from the Executor of
Settlor's estate for any disbursement made by the Trustee pursuant hereto, nor shall there be any
obligation upon such Executor to repay to the Trustee any of the funds disbursed by it hereunder,
and all amounts disbursed by the Trustee pursuant to the authority hereby conferred upon it shall
be disbursed without any right in or duty upon the Trustee to seek or obtain contribution or
reimbursement from any person or property on account of such payment. The Trustee shall not
be responsible for the application of any funds delivered by it to the Executor of the Settlor's
estate pursuant to the authority herein granted, nor shall the Trustee be subject to liability to any
beneficiary herew5der on account of any payment made by it pursuant to the provisions hereof.
IN WITNES WHEREOF, the Settler and Trustee Lave hereunto set their hands and seals as of the
day and year first above written.
Witness
~V ~ `.
Settler
1Vlary Emma Derr
TxE
MARY EMMA DERR
TRUST'
PAGE 12 Or 14
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
5S:
On this, the l,- r day of June, 2006, before me, a Notary Public, the undersigned
officer, personally appeared Mary Emma Derr, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within Trust Agreement, and acknowledged that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official Seal.
-~
i
~~
i
otary Public
My Commission Expires:
rdotartat Seat
Victoria M. Flartfcfn, tJOtary Public
Lemoyne 6oro. Cumberland County
MY Cnnrtwssion Ei~irea Aug. 27, 2006
Member. Pennsylvania Association Of Nobries
ACCEPTANCE
The foregoing Trust Agreement was delivered, and is hereby accepted, at
t'°~- p F4, t1 _, Pennsylvania, on June f~ r, 2006.
Witness
L t I
''.~( d
Trustee
Mary Emma Kerr
TxE
MARY EMMA DERR
TRUST
PAGE ] 3 OF l4
SCHEDL3LE "A"
SCHEDULE REFERRED TO IN THE TRUST AGREEMENT
DATED: JUNE ~, ZOO6
FROM: MARY EMMA DERR, SETTLOR
T6: 1'rZARY EMMA DERR, TRUSTEE
PROPERTY DESCRIPTION:
Residence and all personal property contained within located at:
THE
MARY EMMA DERR
TRUST
PAGE 140E IA
SCHEDULE"A"
SCHEDULE REFERRED TO iN THE TRUST AGREEMENT
DATED: JUNE , 2006
FROM: MARY EMMA DERR, SETTLOR
TO: MARY EMMA DERR, TRUSTEE
PROPERTY DESCRIPTION:
Residence and all personal property contained within located at:
THE
MARY EMMA DERR
TRUST
PAGE Id OF IT
Estate of Mary Emma Derr
Pennsylvania Inheritance Tax Return
Form REV-1500
EXHIBIT D
Copy of Department of Revenue
Receipt for Prepayment of Inheritance Tax
No. CD 011148 Dated 04/23/2009
wcaa OF MpNtbunl rqk ES
OEPL PBO60t
NnRGSFURG. ca 1 >t?6.O6C'
PENNSYLVANIA
RECEIVED FR6M: INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
VARNER BARBARA E
5 MAPLE Dft
ETTERS,PA 17319
-- ~o,~
ESTATE INFORMATION: ssN: 2oa-o~-ss7i
FILE NUMBER: 2109-0394
DECEDENT NAME: DERR MARY E
DATE OF PAYMENT- D4J23/2009
POSTMARK DATE: 04/23/2009
CauNTV: CUMBERLAND
DATE OF DEATH: 01;27/2009
-~~ REV-1167 Ekn 1-96~
N0. CD 01 1 148
ACN
ASSESSMENT AMOUNT
CONTROL
NUMBER
?01 ~ 514,000.00 ,
i
TOTAL AMOUNT PAlD:
REMARKS:
X14,000.00
CHECK~153
INITIALS: JN
seas RECEIVED BY: GLENDA EARNER STRASBAUGH
RE~t~TEf~ O~ WILLS
TAXP0.VER
Estate of Mary Emma Derr
Pennsylvania Inheritance Tax Return
Form REV-1500
EXHIBIT E
Documentation of Assets
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BRICKERS AUCTION
- Buy & Sefi on Gominession - Complete Saie Service
93 Texaco Rd., -Mectiariicsbur8, PA 17055 766-5785
Personal Property of ;;°~/~~ ~~ ~ ~~`
Address
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a~.tatandi.~s Total sale 3 ~ 3 ~ , ~.
Tata6Checks f y zt ~. L S~
Total Cash ~ ` ~Z; ,j' ~~ z L
Cash After Payout
Ems
AtlCfiOfl9er ac Clerks K - i ,-_. I
1 l l.'
rf Cl
~: \ t~~ ib C.
Adv. Cost ~" y / C' U;~ t-x!`ri
Property Fare - i ~: ~ ~ -
___. Sc^rls Setup or Nelp ~
'~ .~%~ G ~ 0 ~? ~=xdstis~
¢
Total E~enses ,`~ , ~ 2 ~ _ ~' , ~`, ~~.
~ ~,~ ~
~~ l~%1 ~ ~~ rXc~'P ~
~ , ~' ~ ~-E~-
~1~ `` r E- ` -
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MBTBank
a99 ~Ntdiell Road, Millsboro. DE 19966 Mail Code DE~MB-R
Law Offices of
Gates, Halbruner, Hatch & Guise, P.C.
1073 Mumma Road, Suite 700
Lemoyne, Pennsylvania 17043
Re' Estate o1 n;an~ 6nrnrn Derr
Socia! Sactrrity: ?0?-DI-?671
Date of Death: January 27, 2009
Phone 1886!502-4,49
Fax r:(I')91a~?9»
Hine i0. 2009
Dear Sir or Madam:
Per your inquiry dated June 18, ?009. please be advised [hat a[ the time of death, the above-named decedent had on deposit
with this bank the following.-
I. Type ofAccoaun
Accozuv Number
eTnmership (Hanes n~
Opening Drne
Balnnce nn Dare oJDeath
Accared Interea
Tara!
Claecking.Account
61210137
D'ralentine H Der'r*
A4an' Emma Den-*
/0/2884 Closed 3/79/09
S (,010.09
S 0.01
S 1.070.11
~ Tune ri(Appn,~ftl
Account Nroarber
Otvnerslvp (Names oj)
Opening Dnre
tsalance on Date of Death
Acovred Interest
Total
~;,9a;a~s ACS vi,n,'
15004213563932
d4an~ Ermna Derr"
5//6/06 Closed 2/24/09
S 0.00
S 0.00
5 D.00
Please he advised, there was no safe depose box found for the above. dgce~[ _~._H_tipoti.reviewing.[he_+ntevmation- ---
above, yoii-belie3e /here are additional accounts not referenced, please provide us with an account number and/or
name of any possible joint account holder. For any additional information on the above accounts, including
ownership and any changes, closures and/or reimbursement of funds, etc., please contact our Mechanicsburg Office
k 717-255-2031.
Sincerely,
^ ~.
Trade Hare
Ad;ucnnent Services
canT~IT~or~1~ aF ~,~~,~
PRC?PERTY: 301 GREEN STREET, C:1;~'i€' H{L%,, H.A119PDEN TCiI~~NSH{P,
CUNfBERLAND COUNTY, FE1~NS1'L~%,aN{A; [;E?iNC, T,tX PAP.CEL NU114BER 7Q-27-
027~-347.
The conditions of the sale ofreal estate owned by THE MARY EMRhA DERR TRUST
tlgte~[I !1 Ilx?F 1 ~ ?p06, ill'1(l? Oneih~ by }~i~hl IC S le Ur 3uCt~~~i1 on thie 1 21 n ~Iw n{ p1_pl tl, ?(If)Q arC 1°
fpl~tlWS':
TRRST: The real estate to be sot d is locared at 3501 Green Street, Camp Hill, Hampden
Township. Cumberland County, Pennsylvania, as set lorth in the Property Description attached
herato a5 Exhibit "A". Any additional survey of the pmpeiiy desired by the Buyer shall he at rite
E?uyer's exliense.
SECOND: The Seller reserves the ri~~ht to reject any and all bids.
THIRD: The hiehest bidder shall he declared in he the Buyer subject to the light of the
Seller u~ reject anti rmci all bids.
FOURTH: CnuntylTp~~~nshih real estare r.,~~s hn~r'n~cn ~~,iid Ihrongh I)cc~'n~ix~; i 1. _'0(~2
School real estate taxes have been paid duou~;L>rn~~?'i _rn~~l :ail fares will be prorated between
the Seller and the Buyer at the time of settlement on a fise~ii andlor calendar year as designated by
the tasine authority.
FIFTH: The Seller shall convey the tide in Fee sin~plc by deed bearing a special ~*~arrnnh~_
l he property is lip he conveyed free and clear of all liens. encumbrances and easements: excepting,
h~i~,x~~ever. the fo{lowima existing building restrictions. i~rdioiu~ecs_ easements of roads. privileges.
__ __
_ _ _ _ __
nr ri phis of any public service companies providing service to t'nc premises or agreements or like
nulllers trh record_ and eascmeNS or restrictions visible uprm the ^__round~. otherwise. title to the
described ~~cal estate sha{f he good and markeuihle
('nnciitinnc of Cale
~ilC h~~ar~~ Emma iierr Trust dal eci .6une ]'z, 2tliro
3~6i Green Sireet, Camp Hill, Pa
rAoc -j-
h
S1\TH: Buver shall pay Ten'hhousand anc9 noll OD Dollars (Sl it_t)r1U.U0) of the prn~chase
price to the Sellerat the timethe property is struck down. Payment shall be eitherin cash orceitit3ed
Bieck.
SE~'El\TH: Settlement shall beheld on orhefore forty-tlve (.451 days atier the signing of
~hesc C'onilitions of Sale. At final settlement, the remainder of the purchase price shall be due and
,.,
EiGFITH: Possession of the prenuses will he delivered to the Buver upon the date of the
~citlement_
NINTB: Seller and Buyer shalleaehpayone-halft'~~)ofanyappiicabiereallynansfertaxes.
TGNTH~ The decd is to be p cp:n~ed ~ rl e~:ecute:' „ t~,; ~ i arse ~,;~th~c Seller- 'the costs
~iF rca~rding the deed and searching the title try (he prnpeiwshall he paid h~ lii vec rill ~uher c~lsls
z,f >~at{ement shall he paid by the party who incurs such cosis-
ELEVENT}I: Seller ceriities therehas been no work done. or notice received that work is
in he rime- by the numie.ipality or at its direction. in a~nnection veiti~ the ~~nstallation i,f sewer or
woicr r,r lin~ improvements such as pavine nr re-pavim~ of streets or nlleys_ or the installations Of
curbs r~r,idewalks.
" "`f\~EI~F fH~:-"Tile pi~pctitybeim; sold is suhje~t to a{I .~pplrcable i~ecieral. state ,m<i local
la~:~c statutes. ordinances- Hiles and reeulations. Seller certifies that nn rotice has been served by
I 4. ~ . - I
Oil ~ i*u~-ern nl c'lliai alJ ihC)rit]~ t0~i the ieirirwai fir al ;~icillun U ftny it ulSFi~Ce, tC~ [uc ~iuicu Ifni vt an;p
zunin_ rc~_ulation_ or concealing the coiutemnntiun of any potion oflhe said prnpenv.
Cmsditions of Sale
The iE1ar~' Gn}nsa .)err "i rust dated .inne .Z, ZUU(}
101 Green Street_ Canzp Hilh Pa
Pater -3-
THIRTLEN~TFi: kirk of loss ur danrtge to the property shall pass to Buyer when the
pmpctty is struck dog>~n by the auctioneer. Subsequent loss or damage to the proper!y shall eat
relieve the Buyer tiom his obligation to purchase the property.
FOURTEENTH: The property is being sold "as is". Seller makes no representations or
warranties concerning the property to be sold. It is understood that Buycs' had the right to inspect
the property prior to sale and either has iiapected the property or waives the right to do so- Buyer
agrees to purchase the propem~ as a result of such inspection or the waiver of the right ofsame and
not because of or in reliance uprni any representation or ~m~an ante made by Seller, and Buyer agrees
to purchase the propert}~ in its present condition.
FIFTEENTH: In the Brent that Seller is unable to give ,t good and marketable t~,„?e ;uch as
rr-ill he insured bU a licensed title innrrance cr~mpony et rep=ular tales. Buyer shrill have the npti~n ni
takinu such title ris theSeller can give without abatement ofthe purchase price orirfbeing rel;aid all
moneys paid by Buyer to Seller on account of the purchase price, togetherwith costs for searchin
title as 6'LIVeI n~av have incun~ed: and in the latter event, there shall be nn further liability or
obli~~ation on either cif the panics hereto and these Conditions of Sale shall become null and ~roirl.
SIXTEENTH: if the Buyer tails to comply with the above teens, Buyer shall forfeit the
_.
_:nuauru_paici orr the-E}ap of thessle as sseesced mTd irgtirdaietttiamaeci. ant] the Sellei may proceed
to make a rosaie of the premises. either et public or pri~~ate sale.
Cundifions of Sale
'i'{li~ I~-i H1'~' cnurut f3err Trusi daieci Jtute IZ, Ziiiin
tti(i[ Green Street, C';inip Fiii{, P>t
Fade -4-
SEV`ER'TEENTH: Bttver iterehv ,icl;ninaVed~~r; receipt ~~f these Cnndihons of Save, the
acceptance attached hereto and the Prope:~y Description attached hercto-
;i'iTNGSS:
%~'Z-
~y~' ~/,~~~---__
TIyE ivi:E[i~ F~)tii4'fiE BF.RR'~'RE!ST
B,~tTE6 JUNE t2, ZOQh:
"i
i f
is ATF192~'N .A. SW(}pF, C'(~-TRIICT£'F
p
a.aRB.aa,~ ~. ~~,~RrvE€z, ~o-T~E~sT~.~
Conditions of Sale
Tile i~4arv Emma E7err Trust dated Sane i=, 2iriin
5~U1 lrccn Street, Canrp Fl ill, Ya
E'a'se -~-
SUP'ER'S ~CCGPTwPJC'i
1 (~>t~ e) hereb~r ackno~n~ledge, that L (' Wej have this ;l~rJ purcl~rase~{ zit publi;; auction the aLove-
nanlcii Onii dC52rii?id ICai eStale IGCated ai ~~O~ VreCn ~trcCl- Qlnip [ii{{. }j.lT~l~({81 TtYWtiShl{),
Cumberl,mii Couniv. Pennsyhrania- owned by The lvtar~~ Emnw Derr Tru.,t dated lone 12, ?U(In,
Kathryn A. Swope and Barbara ~. Vm~er, Successm~ C'rr-Trustees. at the price of
~ r (~ L''C'~„'''" 1 (We) ~~eree to he suhjecs in and a~~ree to comt>ly with the
foreaoine Conditions of Sale.
\~~itncss my Eour) hand(s) this 13`" day ni ApriL 2009.
\~'ET~ESS:
~ r
'~ 2~
- ,_i/
Buvis Ai1tk~„. __~ i,..i i=aria--r_I~._,-~_ .,1~'_r_y-
~:
_..
c ~ ~ Z
Buyer Aitnrnev __-SIZcL^_}2w",-J•"'•"`~-~~~- f !`~~~~~'-~_'-_~ ~- -
~- ~ --
Conditions of Sale
T im iJisrv Emma irerr Trust dated .Tune I=, Ziiii6
X5111 Cat-een Sn ecr, Camp Hili, Pa
Pale -f.-
N:~hltBC"I' "4"
PROPERTY [DESCRTPi'iON
ALL THAT CERT.41N pieceor pareel otlandsihiatein HampdcnTotnntsltil.?. CumbcrlandCounty.
Penn~yl vemiu. nu~te particularl}~ hounded and described in accordance with a stnvey of Gen i t f .Betz,
Re~zistcred SurvcYOr. dated Match 1 5. 1970. as i~ollows, to ~~uit:
BEGINNING at a hub at the southwest airner of the intectectirtn ~~f Careen , nd ;S'' Rheetc; thence
a{i~nu ~}ie wesletly {ine of ,j°i StteeS, South f I de::rees, 12 minutes E.asi a disi2nce n1 1 ZL 4l1 feet
to a hub: thence along the dividing fine 6eiv,~een the herein dcscnbed lot and prouerry now of
tormerlvofAu~~ustusand MaijrnieLucisano_South 70 degrees OSminures Westadisianeeof55.16
feet to a huh. thence ;Tong the cfiviilin, line between the herein described log and lot Nip 1 ? on the
herrinoficr meniinncd plan of lots, Nprth l~) derces SS mntu[es West a distance ~~f 1?U 00 feet to
,nt inn pin ,Ilona the southerly line ni Green SueeC thence ;+lone said line North (1 de~rters U~
n°~uxite, E,~~i .i tfi~i.ince of 7 ~ >(~ feet in huh. the place o± heeinning.
BEING: I_~~~ Nn I : _ Bnul: "M" Plan Nn. ; "Hnmpdcn Gardens" rcenrdcii ut Pl;;i°, 6o,d. ~. i;:~~~ (~3-
ii;1~~iNG TIleRE'HN rRrCTE~:IiI, c . ~il< I : lwu of , v ±~.~~~ cilvJ~iil7lC J<1~il,itiiduici~i~li71i1eSc
hl<~el: _nraue known ,ts ~5f11 Green Sheet.
C vLTE is brm i5lumuAep lp give ypv Halakmenl p/actual «IlkTenl FO5l5 4mpunls P<~p lp antl0y l]le selrlem<nl ag<nl ere sown
nams ma»<a TPOC]'w< e Pa p p~raia< me nw;ng. mre art mown n¢ra m•;nwrmarmnal wmpsea ene are _pr mn ^eee iKmr for:e
. .
cNAI.E aND AUUrrEaa t'. nvN.~wcr.
rrATYr`f.WR R066W5
:O VJHEATI 4NO DFIVF
Mf CHFNIF$6UFfi. PA 1]055 rnmt ..ro .~,,,.e.,a... .,~..r.. ........ ...... _..~.~_... ..,..,...
MAFYEMMP DERR TRUST COMMERLE 6PNxwaRRSeUFC n'P
3561 GR££N $1flEEl T/D161A METRp DANK
LAMP HILL, PJ. 1]Drr 3801 o0.%iON STF£ET
HPPRI$DURFi, PP r]rrl
G PFppERTY LpLAtION
:SO+GRE4N Si REEY
CAnnP MLL PA ITOn
CUMfiERLANp COUnry vennsVlvan~a H. SEITLEMEIJT PGENT
iRI.LOUNtt A95TRgCT
pLALE pF SEtTLEMENT
n6 CENTRAL 6LV0.
CAMP MILL. PP 1)011 . 25~',fi19Et\ I SFTTL FMENT Da TE
SERVICE
June 26 :OC9
`
J SUMMPRY Of BORROWER'S TRANSACTION KSVMMPRY pF SELLER'$TPANSA[TJN
t00. GRO55 AMOUNT pUE GgOM 6pgROWER: <OO. GROS6 AMOUNT DUE TO SELLER.
rot Lpnvad bares Price
10: PPrspnbl Pm a ttf;Op06D sOL Contract galas Fri[e ~
a02. Personal Pro e1P. rr6000.OD
T 035elUemem Cner e51p 8pslpper Line la00 46339) 509.
rCe
-.L°_ 50e
505.
AO Utlmenls Fpr hems Paie9 $e4er Jr ae.'an
¢a Atl uBlmenli FO/Ikma PaieH $ellerm aeven[e
r 06. Ci Rpwn Taxes 0613fi/09 to Ot/Otllp 192.88 aD6. CI /Town Tares OEr]EID9 Ip MIC'.nn "e6
:9r Cpun Taxes to Pm can Taea m
IDE ScFrooL TAx O6J1mae m 0]ronw n ~. +D6. scHOpL TAJI D6rz6Ja9 Ip otm+lnE n n
\09 $EWER/iRP5M p6/26N91a 0TNtN9 ]fi] 509. SEWERRRASM p626/09m U1/61109 I Pfi3
ne +m
ni
n2 nz
Ii0 GROSS AMOUPoT DUE FRpM BORROWER 11:051$$ 830 GROSS AMOUNT DUF TO SELLER ~ rr621t 61
}OU. AMOUNTS PAID BY OR LN BEHALF Oi BORROWER' 500. REDUCTIONS IN AMOUNT pUE TO SELLER
201 De osn pr eamesl mpne A;Ofi0A0 50T. Excess De psil See matrpnipns I
3D1 Prrno alPmounl pl New loans 9a <00.00 502. Senl¢manl Lllar ea lp Bellel L'-ne +a00 r r9]-0
101. brsbn Ipan s taken a d W 50]. Ex¢lin Ipan s b4en su0 n Ip
20a p15BUR5EMENY OF GIFT FUN05 16,65155 56A. PaypX of Lrsl Mortgage I
105 505. Pa Mp eeeontl p
e
206 506. Oe pall relainepp ¢Oer 10.000-0
20] 50>
20E SOB.
209 509.
Peusrmenrs Fw hems ue aieB Server Aeuslmems Pornems un a;e6 gene
210 GI down )saes 1p 510. Ci Rpwn Taxe¢ 1
CpunT Teas Ip 511. Cpun Yaxea
P12 SCHppI TA% 1p 51]. SCHOOL TAX
n' S1]
515.
n5
515
216
11t
}r6
E+6
St)
St6. _
L9 _
_____
.Fp t_,+F:IG 3VFOF BORROWEfl
\ 123-5i55 90 TpT0.L RFOVCYION AMOUM pt'E SELLEF ~ '~r5_00I
>Dp CASH
Ai 6E TTLEMENT FROMRO BORROWER'. 600. CA6H AT SETTLEMENT iO1GROM $FLLFR.
]C1 Gip<s Ampum Ou<Grpm Barpwer Cme syO 4305155 601 Gmss Ampvnl Due iv Seller Line a20) - -~5 >61
]D2 Lesa Amm~m PaieO if pi Bprrn rlLina 220) ,I t23-Sr551 602. Less ReUUCevns DUe Selln lL~ne 52Ur c50G
_0i Cf Ertl FROM)1 TOJ BORROWER Op0 60] CASHIX i0)r .RpM,)SELLFF `L%O:e E`
1 i ur.eera~pnp4' 1'¢rcey acMnpwl¢pg¢ r Leipl pl a CpmObleC copy pl Ca9¢a 132 pl Ipis slaleml!rvl L any alla¢nmems re tee Ip
.rPVE LPREFULLY RE VIEWED 1HE HUO~t SETTLEMENT 6TALEMENI PND TO THE 6E51 OF MY NNdNLEDGEepNO fiEnLIE Fn IT IEL TREE /.NC
ALC'R4Tf$TPTEMEN10f ALL RFC£IPTS ANppJ$HUPSEMENI$MPOE ON UY ACCOV JT OR~MEI 11151PF /~C 1 1'.l.
1~A /.pVf RECE VEDA/C~p~Py D,~FppTHE//HUD-r SETTLEMENT SI4FEMENi - - -~
6prpwe ~~~.d~-A~(~ See ~J4 L c yvU
MATTHEW R. RD6B N$ MAP V f MMA pEFR TF U$'
C TGS VJMC OWER`N ~yfp Np~EBEE~LF]J~5~0.5E06V THE UNOERSF~NE0 ~5 PPFT OF irvg SECTLE/£NCvGG 9',6„ ~x
TRANSACTION LL~J //
SelpemeM EANTO FILER
gem
W APNING NI$pCRIME iO NNCININGLY MPNE FpL$E$TpiEMf-NT$TO THE UNITEp 51PTE50N JH15 pF PNV 51Ml\AR 10HI4 Ff NAI TEE t'F[iN
CONVICiIGN CAN INCL UDE PFINE PNp IMPR15ONMENi FOP DFTgIL$$ff. TITLE 16 V.$ CODE SECTION 1Cp1 S $E CTION rCrG
D) s ~ n.
>D] commras~rn va.fi ar $emem¢m
]Da ippNSACTION FEE
n
HOD. ITEMS PAYPBLE IN CONNECTION WITN LOAN
IB01 Loan Ongi .fion [e= A
BO' LOan Oracc
00i P00•a0 In MARK VY HELKMAN POC a000060RROWER )5.00
BDa. CgOil Remn c WUIFAX MORTGA ESERVICE$ POC t].tH LENDER
BOS LenOe/s msgeOmn Fes O MpgK HECNMAN BS OG
806 MOnOage my Rp4 Fee
00). Assumpllon F
¢
BOB. VNpE RV+q Ii ING FEE
COMM RL BANKIHPRRISSURG. NP.TN/B/A A96I859AMENCER
g09 ADMINISiq AiION FEf n COMMERC BPNI(/HARRISSURG,NA. i.Nl61A METR06pNK S%500
610. OVERNIGHT MaG FEES UNISHIPPER$ POC 16.00 LENDER
Bt1 FLOOC CERTIFrUTION PEE W LTERS KLUWIfR FI POC 60p LENDER
900. ITEMS REOl11REp BV LENLEP TO BE PPIG IN PDV PNLE
9011n esl From OEIZ6105 c GLOLOS E Ia.22pp0/tlay ) SOays T) h.12
902 Mon a elnzwance vrtmbmlo• gnlnz lq I
90J Hazsrtl insurance PremWm lcr 10me oALLSTATE W3URPNCE PCL a9].a080RROWER
90e ZDO65CMOOL 1P%F5 10 a MICNAEI LANGAN TA%COLLECTOR iOC 11a9.]]
905 2005 COUrvYVROWNSNIP TFTr MICHAEL LANCWN. TA%COLLECTOR POC ]65.p1
1000 RESERVES BEPOSITEC WITN LENDER
1001 Ma:aro lnsu•:nce _ iODp mon0s ~ f lay a Onln tN.JS
10021JOngace - onlll3 ((TS E gnln
100]. Cnv/10w= ~ E onlll
100< COU Tav 6.60p momma D ]f.pa on111 IBfi.1<
1005. $LHOOI TFM 1) 000 monlnc f t0a.11 per manln t,]Sia3
1006. ?DOB SCHOOL !NYE` mgnllls S monln
10m. mina 1m S mpmn
t 000. AGGREG:.TE ESCFGW ALJUSIVIE monlna f mMlp -2)8.10
1100. TIYLE CXPRGES
1101 Serllemenr or ClOS Fee
1101 CLOSING PROTECTIOm IETTEF l0 FIRST AMERICAN TITLE IN$URPNLE COMPANY
110] LiIIe EHaminalion Ic
)S.pO
tlC< inletr e6rne
x
n05 Docu mP
1IDf NOIxry Fae _ e CASH 15.00 800
110T a ys Res a GAiE5 HaL0RUNER. HATCH8GW5E P.L. POC
s aewe ae~. nr,mm.••
11DE t - c TRbCOUNiV ABSTRACT SERVICEIAGENT FpP 15i AMERICA
W
e 9v5]5
s
e0 vmLne
tl[s
1.05 Lenom's COVeraae _ 9a a000p t06B99000PA1
1lp Owners Ce~e•age ~ f nH.00000 9n0]51069p6916PA0
1 ENCORSENEN_rOF_)'OD E' __ VCCOUNTV ASS~GT SERVICE
15000
1200. GOVERNMENT pECOROINL oNp iRPNSFER CNPRGES
t 20'~ Rem•Oinp Fees peen b <6 SG. Mongage b ]6 Sp: Releases b
40Z Cny~CCUnry ia43amps G¢eo T100.OpN00a
1PW 6rare Tavl6lamps ue 5lemps 110060: MOggage 12S.p0
1]6000
1,10000
12pa ELECTRONIC pOCUME^+T 6f TR1EVRL rc CRbLOUNTV ABSTRACT SERVICE ZS00
'~2H5 OVERNIGHTIC(NR1ER [EFS O TRSCOUNTY PBSTRALI SERVILE 1a 50
t]OO. PpOIiIONPL $FTFLf MErv1 LNPPGES
t 101 Surve
1]O? iA3 CERlIF1CFilON FEE [ TR1~C0'JNTY PB$TRPLT SEPVILE RE-IMDURSEMENT 5.00
1i0: $EWEGnpaSr.!Ul'r.SEGIPS3E=c HhMPCErv TOWNSNIP SEWER AUTHORITY 1iB6S
tIOS
1 <p0. iOIAL SETTLEMENT CHAPGE$ IEnfer on Llnas 101, $acllon J anE 501. SaGlion K) a N]i 9al 1.19] 00
EETTtEMENI OFFICER
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account vvorKnook }~ ~•rt Page: 1
Pnsitinns ~ T~° t
_
ACrnunt Name: DERR MARY FMMA Afrnunt M.imber: 27tft-571!1
Username: CharVes Pass
Account Information Details Balances
271 B-5710 H832 C51 _ _ _ 4C-Street PJame~HOld/Hold All Funds Total Acc[ Val _ _ _ 19494.45
MARY EMMA DERR (1RA) investment ObjeCbve _ W Trading & Speculation Total Market Val 19,377.69
]MS LLC CUST FBO Risk Tolerance A Funds Available-.- _
__ 122.26
5 MAPLE DR Cash Bal 122 26
ETFERS PA 17319-9473
Home Phone 717(Ti7-D
E-Mail Address
___
2uantitr~, Name __ - i Account T e , 5 mbol Mkt Price
---Y~!~- J_ Value
-_--.~ Mgn.
i
Loc Ot-,,2-i-di
~~-
19,377.73
197.0370 AIM EQUTY CHRTER FD CL A I CHTRX 11.1600 2,198.93 Yes SKF / Z 1 ~ ;: ~ `i
333.3310 A1M EQUITY FDS CONSTELLA 1 CSTGX 16.5800 5,526.63 Ves SKF t v ~ c = _ - _, _ , ~~~
6fl9.5770 HANC OCK 1NbTTR REG BK A 1 FRBAX 9.8200 6,771.65 Yes SKF ~t' `~!ti ? _.. .-_ .. ' tl t'
167.8320 MFS SER II GRWTH FD CL A 1 MFEGX 26.0400 4,370.35 Yes SKF P " ~ I -. ~- - ~ e
35.7510 MUTUAL SER FD SHS CL C 1 _ _ _ TEMiX 14.2700 510.17 Yes SKF 14 ~ ~ c? - `~' "
""This information is not the official record of your account and is subject to changes, errors and omissions and cannot be
guaranteed as to its accuracy or completeness- Your panted confirmations and periodic account statements constitute
your official account record. This information is not a substitute for other important information that Janney sends to you.
Tne above may not oe used for iax reposing purposes. Janney will provide oninc+ai iax documeniaiion regarding your
account to you by mail
Estate of Mary Emma Derr
Pennsylvania Inheritance Tax Return
Form REV-1500
EXHIBIT F
Documentation of Expenses
~ _ Michael J. Mn7yeZZi.Owrrer Jeremy J. Shartzer, Funeral DireUOr
FUNERAL HOME --
8 Nlnrket Plaza W'ny Mechanicsburg, PA 17055 • Phone: (7I7) 697-4696
February 10, ?009
Barbara Varner
5 Maple Drive
Etters. PA 17319
The l uneral Service for b^,aty Emma Derr
We sincerely appreciate the confidence you have placed in us and will continue to assist you in every way we can. Please
feel free to contact us if you have any questions in regard to this statement.
THE FOLLOWING 1S AN ITEMIZED STATEMENT OF THE SERVICES FACILST]ES. AUTOMOTIVE EQUIPMENT,
AND MERCHANDISE THAT YOU SELECTED WHEN MAKING THE FLT~ERAL .ARR,ANGEMENTS.
I. PROFESSIONAL SERVICES
Services of Funeral DicectorlStaff $4275.00
FUNERAL HOME SERVICE CHARGES $4275.00
SELECTED MERCHANDISE:
Sotid Oak Casket $2795.00
AZ Ga. Regular $1425.00
Register Package $90.00
THE COST OF OUR SERVICES, EQUIPMENT, AND MERCHANDISE THAT YOU HAVE SELECTED $8585.00
,aT THE TIME FUNERAL ARRANGEMENTS WERE MADE. WE ADVANCED CERTAIN RaYMENTS TO OTHERS AS AN
ACCOMMODATION. THE FOLLOWING IS .aN ACCOLIAITING PGR THOSE CHARGES.
CASH ADVANCES
Opening Grave $725.00
Cemetery Equipment $160.00
Certified Death Certificates $30.00
Newspaper Notices - Paviot $520.42
Flowers $212.00
Monument Engraving $ I SU.00
TOTAL CASH ADVANCES AND SPECIAL CHARGES $1797.42
SUII-TOTAL $10382.4?
INi"FIAL PAYMENT (DISCOUNT /CREDITS _ _
TOTAL AMOUNT DUE $16382.42
1 JI ~r1
~~~~~~D
~~
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iru-n:ni~dp~'_:.i(imrrulhn~nr.~vm
v .~. rrrar nct Jt.
Harrisburg, PA 17101
Inquiries - 717-255-8213
GATES, HALBRUNER & HATCH, P.C.
ATTN ACCTS PAYABLE
1013 MUMMA ROAD
SUITE 100
LEMOYNE
PA 17043
\ ~ r, ~;
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1 h `~
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the
~ommonweal[h of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
larrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of genera4 circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
fhe Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
3N have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
icily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is
nterested in the subject matter of said printed notice or advertising, and that all of the afiegations of this statement as to the time,
>lace and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered io verity this statement on
lehalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
T and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
'UBLICATION COPY
ESTATE NOTICE
NOTICE is hereby 9ivenihat MARY
EMMA DERR late of Homvden
TownshlR, CUmbe(tontl COOnty,
PennSYl VantR, hvs tlied, fhatdvring her
h/ettme shp,estVEltstied The Marv
EmITO Derr TYVS}..entl tM1pl VII pe(SVnS
mdebte0 to her are reauesied to mpke
Immetllate pov moot and those bovinR
The MOry EmmR Detr Trvsf
c/o Bdrb¢rRE. Varner and
KatEixu-A Swoae,CmTrus}ees
This ad # 0001954923 ran on the dates shown below:
March 11, 2009
March 18, 2009
I / ~ March 25, 2009
........... d ~ < ~_-.~
i /`
Swortfto and subscribed before, the thls26,day of March, 2009 A D
t_'
- ,
I
/ ' ~ '
.. / ~ ___-
__ ,. ~. ~~ii!~( _ t ,~ Y ~i
Notary Public
temovne, PA noga ,y M1llflfi(>NVUFALrH CAF °FNNSVLVANii
~~~~ ,tau tu~~,lVCtu~
Now you know
Nt~tana~ eal
~ ShBnie L Hsner, Notary Public
( GY Of Hartist>t+r9, Dauphin Gartty ''
M'/ Cnnrttiesion E+cpi2a Nov. 26, 201 t
Mgrnp¢e, PennavWania Aseoclatfon o/ NDtarVP.s
CUMBERLAND LAW JOURNAL
32 SOUTH BEDFORD STREET -
_~
CARL{SLE, PA 17013 _~r,,,
Tele: (717) 249166 Fax: (717) 249-2663 it ~ ~ ~ Vic`'
March 27, 2009
Cumberland Law Journal is published every Friday by the Cumberland County
Bar Association and is designated by the Court of Common Pleas as the official legal
publication for Cumberland County and the legal newspaper for publication of iegal
notices.
TO; Lowell R. Gates, Esquire
Mary Emma Derr Estate
RE:
Legal advertisements must be received by Friday Noon. All legal advertising
must be paid in advance. Make all checks payab4e to: Cumberland Law Journal.
Advertisement inserted on following dates:
March 13, March Z0, and March 27, 2009
Advertising Cost $ 75.00
Proof of Publication $ 0.00
Second Proof Request $ 0.00
Payment received $ 75.00
Total Amount Due $ 0.00
Becky H. Morgenthal, Executive Director
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May I6, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Joumal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid;
was established .lamtary 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, ] 952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
March 13, March 20, and March 27 2009
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law 3ournal, a legal periodical of general circulation, and that he is not interested In the subject
matter of the aforesaid notice or advenisement, and that a)] allegations in the foregoing
statements as to time, place and character of publication are nzie.
/ rv`~'
- - ~ ®~_
L' a Marie Coyne, Ediltor
SWORN TO AND SUBSCRIBED before me this
27 day of March 2009
/% -- -. ~
6~
~~'~ Notary- ?~- r~
Derr, Mary Emma, decd.
[,ate of Hampden Township.
Co-Trustees: Barbara E. Varner
and Kathryn A. Swope. 5 Maple r.-_..~.,-s.:...,,_.~..__,-..-E-~_.,~...r.„,~.,•:,,..~.>:,-..
Drive, Etters, PA 17319. ~ ~ ":, -; _a
Attorneys: Lowell R. Ga[cs, Es- ~ p@t ~ ~, ,EI,,._
quire, Gates, Halbruner & Hatch, ~ No'oy Fz~:;c P
P. C., 1013 Mumma Road, Suite ~ CRrt"i> 5C> ~ rtl +yE;~ ~.~~,~;.;;"y ,q
l OQ (,emoFme, PA 170A3. p NM1 e r r d; n E ~rnes < ^r;l G h
t.,»... m.q,.... o. ..,---~~.. .r--.,,. ....
I~RtCKERS AUC~iC)N
Buy & Selt on Commission - Carrlptete Sale Service
93 Texaco Rd., .Mechanicsburg, PR i 7055 766,5785
Peaxonal P.operty of ,%'~1~~~~ l~ ~: i`~.
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som at PaaDtlc Saaiie ,%~- h j< ~ ~ ~ --z~, zo t~ ~j
Oaststanding Total Sale j ~ `3 I , ~ .~
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Total Cash iZ; `j ~`~ C L
Cash 1ltter Payout
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PLEASE REMIT PAYMENT T0.
HAMPDEN TOWNSHIP
230 S. Spotting Hill Road
Mechanicsburg, PA 17050-1097
PHONE 717-909-7145
hampden n hampdeniou•nship. us
www. hampdenm~~~nsh ip. us
Maste~CardNisa Accepted
PROPERTY ADDRESS 3501 GREEN ST
MARY EMMA DERR
3501 GREEN ST
CAMP HILL PA 17011-4319
DUE DATE 041302009
CN: 006464-000
LC'. 102I02?5347
AMOUNT DUE $138.65
AFTER DUE DATE 8182.52
__ RETURN TOP PORTION N17H PA\TiENT
BILL INCLUDES APRt L-.ii1NE?604 Q7 SE}}'ER AND/OR TRASH CHARGES. PA}TiENT ISbUE BY APRIL 30, 20091N ORDER TO
:}VOID LATE CHARGES.
DATF, CONSUMPTION
BALANCE FORWARD
PAYMENT
SEWER
TRASH
AD)US7MENT
PENALTY
{NTEREST
MARY EMMA DERR
7501 GREEN ST
CAMP HILL PA 1 701 1-43 19
O1/Oi/2D04
olnzn6D9
04!01(2009
D4101/2009
~~
~\a~~°~
\'
Gi:GSS BALANCE PAYABLE AFTF P. ;C CATS
DIRECT W17HDRAWAL AVAILABLE
AMOLMT
138.65
{ 38.65
94.40
44 25
D oD
0.00
0.00
PROPERTY ADDRESS 3804 GREEN ST
CA 0 0 69 6 4-006
LC 10210275347
DGE DATE 04!30/09
.4MOUN"f DUE $138.65
AFTER DUE DATE $152.52
RESIDENTIAL & COMhiERCIAI. PROPERIIF:S ARE 12E~IIN UED lF THEY if:U'F. n SANITAR}' SEWER BLOCKAGE OR BACK UP TO
NOTIFY THE TOWNSHIP BF,FORE CALLIN'GA PLUM1iBER. CALL THE 70}1'NSHIP'S ROTFl LANE TREATMENT PLANT AT 7(i-7963-
MICHAEL LANGAN, TREASURER COUNTY OF CUMBERLAND _ ~ ~ _ Discount I - Face I Penalty
230 SOUTH SPORTING HILL ROAD Race 5. oonoo ! _ z % 1 j 10
MECHANCSBURG. PA 17050 cNTY P/c _. __. I a.sc I 5.00 ~ 5-so
TOWNSHIP OF HAMPDEN I
Rate 5.00000 2~~ ~ 10~
MUN Pii - .°0 :.00 5.50
__ _- ° I
TAX AMOUNT DUE --> ~I $ssD j sTa.DD ~ Sn.oD
I
rf Paia on or Afeai '~~ ;im/zoo9 ! 5lo112009 ~ 7/ol/zoos
If Paid On or Hefo>•a I 4/90/2009 ~ 6/30/2009
DERR, MARY EMMA
3501 GREEN 5T. ~~~ )~ ~ ,~ ~~ L
CAMP HILL PA 17011 ~ ~ ~~~~ Ij ~~
MARCH-JUNE MON 8 TUES 9-4:30. G~l ~ G ~ /~ ~l ~~
THURS 9-m30 ANC 6-B PM
GLOS ED \NED. FR1, AND HOLIDAYS
PHONE: 7t 7737-4822 Return Bill with Payment. For a Receipt ,Enclose Self Adtlressed Stamped Envelope.
?SE SEND BOTH COPIES CF BILL N7/SASE FOR RECEIPT TAX COLLECTOR COPY Bill No: 3725
AID TAXES SUBMITTED 70 UELINOUE NT COLL 12/15/09
Control No: 010.007478 2009 Statement of Personal Taxes Bill Date: 3/01/2009
,~e Assessed
Value 0
MICHAEL LANGAN TREASURER COUNTY OF CUMBERLAND Discount i Face Penalty
230 SOUTH SPORTING HILL ROAD Rate 5.00000 2 ~ i 10 %
MECHANICSEURG. PA t70S0 cNrv P/c e.4D ~ s. oo I s.sD
TOWNSHIP OF HAMPDEN '~ 'I
Rate 5.00000 ~ 2 % j ~~ 10 %
MUN P C 4.5C 5.00 ~ 5.50
TAX AMOUNT DUE ---> j s9sD % $10.00 ~ StT.oa
I
If Paid on or After i- 31c-,/zoos ~, 5/ol/zoo9 i/OS/zoos
DERR. MARY EMMA
3501 GREEN SL
CAMP HILL PA 17011
MARCH-JUNE MOIJ &TUES 9-4 a0',
THURS 93:30 AND 6~8 PM
CLOSED WED. FRL AND HOLIDHYS
PHONE: 717-737-0822
AXES ARE IN ESCROW. FORWARD TO MORTGAGE GO-
RSE SEfJD BOTH CGFIES OF BILL WfSASE FOP REC£1PT
}~E
MICHAEL LANGAN TREASURER
230 SOU I H SPORTING HILL ROAD
MECHANICSBURG. PA +7050
A 5 S ESS. NO - t 0007382
MAP NO' 10-21-0275347
3501 GREEN STREET
RCRES .180 DEED 00275/01504
HAMPDEN GARDENS
tOT 11 BLK M PL3 PB 5 PG 63
Residential Building
RESIDENTIAL
DERR, MARY EMMA TR
5 MAPLE DRIVE
ETTERS PA 17319-9473
MARCH~JUNE tJiON 8 TUES 3-4.30
THUR59~4:30 AND 6-8 PM
CLOSED VJED, FRI. AND HOLIDAYS
PHONE: 717-737-48[2
Return Bill with Payment. For a Receipt, Enclose Self P,ddre55eo Stampetl Envelope.
TAXPAYER COPY Bill No: 2269
Control No: 010 ~ 007382 2009 Statement of Real Estate Taxes Bill Daie 3/0V200<,
.0.55e55ed Lanp ImGrOVer.en[
Mineiail _
~ Total
Values I
29 210j 704 800 01 ~' .75 O3D I
COUNTY OF CUMBERLAND I i
Discount ' __
Face Penalty
Rates -
i
.v0.39500 ' .0039900 2 5 '~. ~ SO @
COONTY R/H fi0.9Bj 263.x11
j 317.51 i ]2J .09 35b. d0
Rates _
.000380001 DDU1B0001 i ~ ~ I, lOS
COUNTY LIB _ i9.76 '.
S. E1 ?9.30 '.6.73
_
TOWNSHIP OF HAMPDEN i
Race6 .00016000' .OOC 18000 _
`~I , 10 '<
MUNLC F(E 4. _i i 19.9E - 23 y+ 29-?0 1 26. )l
TAX AMOUNT DUE ---> j s3ss.D3 ', s372.as j $aos.7a
If Paid On oz Af [er ~-7/pl (DCOE ~ J91 /2069 1)01/2005
If Paid On or Before 4/]0/2005 ~' 6/]0/2609
IF NOT PAID BY 12/25(2009 TH15 BILL WILL BE RETURNE D TO TAX
CLAIM BUREAU FOR COLLECTION AND FlLING OF A LIE N AGAIN57
VOUR PROPERTY.
"SEE REVERSE SIDE OF BILL FOR A BREAKDOWN OF YOUR COUNTY TAX DOLLARS "'
R?ti rrn Rill wleh P~:,m am a.,. ~ o,.,-,..... o-_:_-_ ~... ,
Darren Barbacci DPM 1 ~G ~~ ~j'~- ~ 2 n ,~j~ 1~
996 E ORANGE STREET ~` ~ ~~ _ _ _ ~_ _ ._,_
LANCASTER, PA 17602 /~' 4/22/2009 I I
(717)393-4503 1, ~
c~ ~~~LI _
MARY E. DERR
3501 GREEN STREET , / ~„ /\~~C~ DERMA001
CAMP HILL, PA 17011 ~ /
Last Payment Received 4/16!2009 Amoun?: -39.22 Previous Balance: 46.00
Patient: MARY E. DERR Chart # DERMA001 Case Description: i/ i6/09
1/16/2009 011609A NEW HOME VISIT 37899 75.00
3/11/2009 0116098 MEDICARE PAYMENT 37899 0.00
3/11(2009 0116098 PATIENT DEDUCTIBLE 37899 0.00
3/11/2009 011609B ADJUSTMENT OF MEDICARE PAYMENT 37899 fi.78
4/6/2009 011609E INSURANCE PAYMENT 37899 0.00
4/16/2009 0116098 CHECK PAYMENT 37899 -39.22
4122/2009 011609A MEDICARE PAYMENT 37899 0.00
4/22/2009 011609A PATIENT DEDUCTIBLE 37899 0.00
4/22/2009 011609A ADJUSTMENT OF MEDICARE PAYMENT 37899 -21.94
warren 8arbacci DPM
996 E ORANGE STREET
LANCASTER, PA 17602
(717)393-4503
MARY E.DERR
3501 GREEN STREET
CAMP HILL, PA 17011
Statement Date Chart Number Page
04!0612009 DERMA001 ~
Make Checks Payable To:
Darren Barbacci DPM
996 E ORANGE STREET
LANCASTER, PA 17602
(717)393-4503
Date of Last Payment: 3/11/2009 Amount: 0.00 Previous Balance: 0.00
Parient: MARY E. DERR
Chart Number DERMA001
Case: 1116109
Paid by
Dates Procedure Charge Primary
Paid By
Guarantor
Remainder
01(16/09 11721 46.00 0.00
~\l~
~~`~~~
-6.78 39.22
Amount Due
39.22
______ ___~~4...~ n rirvHNCE CHARGE OF 1.50 % PER MONTH
2645 NORTH THIRD STREET iAN ANNUAL PERCENTAGE RATE OF 18.0°s) OFE -Ii
HARRISBURG, PA 17110 MINIMUM SERVICE CHARGE OF $ 1.00 WILL BE CYIARGED
ON ALL AMOUNTS 30 DAYS OR MORE PAST DUE
STATEMENT OF ACCOt}NT
PHONE: 717-232-0400 '
_..,,,,.._-r?;~^:?:_ 02/03/2009
PMT DUE..02J14j09 MARY DERR
HCPA
3501 GREEN ST
CAMP HILL PA 17011
'~I'."L..DIIE_--_- l 7_..12 .=.".3t u~G,C:i N[FL-RT?E~14= r ~'18TIf ~.'J ~. Ypiif' ~+l'1hErv5
i
k* ACTIVITY FOR DEP,R, MARY- --
01/05/09 ! 6256927 25 I NITROGLYCERIN 0.4
01/07/09 ', Payment-Thank You
CK 1361
Ol/26j09 ~, 6256927 25 '', NITROGLYCERIN 0.4
i
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8.56
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LEGEND
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DERRMl /~J-~-1~
PAGE 1
OO I 8.56
0 0 '. 9 6.71-.
00 ! 8.56
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17.12
Caregiver Expenses for Mary Emma Derr 2009
(INC = In Home Care)
A enc /Care ber Pa went Date Amount Month! Total
IHC 1!2/09 $1043.50
IHC I/9/09 $973
IHC 1/17/09 $973
IHC I/24/09 $973
IHC I/3l/09 $973 Janua $4935.5
2009 Total $4935.50. _ i