HomeMy WebLinkAbout10-26-10 (2) 505610148
RSV-1500 Ex (01-10)
PA Department of Revenue OFFICIAL USE ONLY
Bureau of Individual Taxes County Code Year File Number
Po Box zsosot INHERITANCE TAX RETURN 21 10 0115
Harrisburg, PA 17128-0601 RESIDENT DECEDENT
ENTER DECEDENT INFORMATION BELOW
Social Security Number Date of Death MMDDYYYY Date of Birth MMDDYYYY
177-24-6501 01282010 01151926
Decedent's Last Name Suffix Decedent's First Name M I
LEHMAN, JR SIMON A
(If Applicable) Enter Surviving Spouse's Information Below
Spouse's Last Name Suffix Spouse's First Name M I
LEHMAN BETTY G
Spouse's Social Security Number
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
FILL IN APPROPRIATE BOXES BELOW
® 1. Original Return ^ 2. Supplemental Return ^ 3. Remainder Return (date of death
prior to 12-13-82)
^ 4. Limited Estate ^ 4a. Future Interest Compromise (date of ^ 5. Federal Estate Tax Return Required
death after 12-12-82)
X^ 6. Decedent Died Testate ^ 7. Decedent Maintained a Living Trust _ 8. Total Number of Safe Deposit Boxes
(Attach Copy of Will) (Attach Copy of Trust)
^ ^ 10
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9. Litigation Proceeds Received .
overty
re
ate o
eat
pousa
t ( .
ect
on to tax under Sec. 9113(A)
between 12-31-91 and 1-1-95) (Attach Sch. O)
CORRESPONDENT - THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO:
Name Daytime Telephone Number
RICHARD C• SNELBAKER, ESQ 717-697-8528 >`.~
First line of address
44 WEST MAIN STREET
Second line of address
P•0• BOX 318
City or Post Office
MECHANICSBURG
State ZIP Code
PA 17055
REGISTE tll~jl.LS USE f>t~Y -'
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DATE FILED 43
Correspondent's e-mail address:
Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief,
it~s'I~ue, correct and complete. Declaration of preparer other than the personal representative is based on all information of which preparer wledge.
d
P• Kf~VETH LEHMAN, EXECUTOR 3872 HENRY ROAD, CHAMBERSBURG
SIG DER OTHER THAN REPRESENTATIVE QATE,
blahilt~
RICHARD C• SNELBAKER, ESQUIRE 44 WEST MAIN STREET, MECHANICSBURG
PLEASE USE ORIGINAL FORM ONLY PA 17 55
1505610148
Side 1
9M4647 4.000
1505610148
J
1505610248
REV-1500 EX
Decedent's Social Security Number
177-24-6501
Decedent'sName: LEHMAN, JR SIMON A
RECAPITULATION
1. Real Estate (Schedule A) 1 0 • 0 0
2. Stocks and Bonds (Schedule B) . 2
3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) , 3
60.04
0.00
4. Mortgages and Notes Receivable (Schedule D) 4 0 • 0 0
5. Cash, Bank Deposits and Miscellaneous Personal Property (Schedule E) 5. 3 2 0 , 3 7 9.6 3
6. Jointly Owned Property (Schedule F) ~ Separate Billing Requested g. 0 , 0 0
7. Inter-Vivos Transfers 8 Miscellaneous Non-Probate Property
(Schedule G) ~ Separate Billing Requested 7. 7 2 , 4 5 6.51
8. Total Gross Assets (total Lines 1 through 7) 8 3 9 2 , 8 9 6.18
9. Funeral Expenses and Administrative Costs (Schedule H) , , 9 2 2 , 8 9 2.7 0
10. Debts of Decedent, Mortgage Liabilities, and Liens (Schedule I) 10 4 , 8 5 5.9 8
11. Total Deductions (total Lines 9 and 10) , 11 2 7 , 7 4 8.6 8
12. Net Value of Estate (Line 8 minus Line 11) 12 3 6 5 ,14 7.5 0
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which
an election to tax has not been made (Schedule J) , , 13. 2 7 5 , 0 0 9.6 3
14. Net Value Subject to Tax (Line 12 minus Line 13) . 14 9 0 , 13 7 • 8 7
TAX COMPUTATION -SEE INSTRUCTIONS FOR APPLICABLE RATES
15. Amount of Line 14 taxable
at the spousal tax rate, or
transfers un~er Sec. 9116
(a)(1.2)x.o- 63, 032.81 15. 0.00
16. Amount of Line 14 xable
o 4~
at linealratex
.
27,105.06 1s. 1,219.73
17. Amount of Line 14 taxable
at sibling rate X .12 0 • 0 0 17. 0.0 0
18. Amount of Line 14 taxable
at collateral rate X .15 0. 0 0 18. 0. 0 0
19. TAX DUE 19. 1, 219.7 3
20. FILL IN THE BOX IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT X^
Side 2
1505610248 1505610248
9M4648 4.000
REV-1500 EX Page 3
Decedent's Comulete Address:
File Number
21 10 0115
DECEDENTS NAME
L HMAN, JR SIMON A
STREET ADDRESS
TOWNSHIP
CUM R A 0 TY
CITY STATE ZIP
M HAN CS URG PA 17050-
Tax Payments and Credits:
1. Tax Due (Page 2, Line 19)
2. Credits/Payments
A. Prior Payments (J • ~ ~
B. Discount ~ • ~ ~
3. Interest
(1> 1, 219.73
Total Credits (A + B) (2)
4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT.
Fill in box on Page 2, Line 20 to request a refund.
~•~~
(3) ~ • ~ (]
(4) ~ • ~~
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) ], , 219.7 3
Make check payable to: REGISTER OF WILLS, AGENT.
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Did decedent make a transfer and: Yes
^ No
a. retain the use or income of the property transferred;
i
i
f ^
erred or
ncome; ,
ts
b. retain the right to designate who shall use the property trans
c. retain a reversionary interest; or . .
^
d. receive the promise for life of either payments, benefits or care? .
2. If death occurred after Dec. 12, 1982, did decedent transfer property within one year of death
without receiving adequate consideration? . .
"
"
^
or payable-upon-death bank account or security at his or her death?
in trust for
3. Did decedent own an
4. Did decedent own an individual retirement account, annuity, or other non-probate property, which ® ^
contains a beneficiary designation?
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
For dates of death on or after July 1, 1994, and before Jan. 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is
3 percent (72 P.S. §9116 (a) (1.1) (i)].
For dates of death on or after Jan. 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0 percent
[72 P.S. §9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and
filing a tax return are still applicable even if the surviving spouse is the only beneficiary.
For dates of death on or after July 1, 2000:
• The tax rate imposed on the net value of transfers from a deceased child 21 years of age or younger at death to or for the use of a natural parent, an
adoptive parent or a stepparent of the child is 0 percent [72 P.S. §9116(a)(1.2)].
• The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5 percent, except as noted in
72 P.S. §9116(1.2) [72 P.S. §9116(a)(1)].
• The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12 percent [72 P.S. §9116(a)(1.3)j. A sibling is defined, under
Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption.
9M4671 2.000
REV-1503 EX + (8-98)
SCHEDULE B
COMMONWEALTH OF PENNSYLVANIA STOCKS & BONDS
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Simon A Lehman Jr 21 10 0115
All property jointly-owned with right of survivorship must be disclosed on Schedule F.
VALUE AT DATE
ITEM
NUMBER DESCRIPTION OF DEATH
1.U.S. Savings Bonds 60.04
Series EE savings bond with $50.00 face value. Bond
#L478112167EE.
TOTAL (Also enter on line 2, Recapitulation) I $ 60.04
3wasss ~.ooo (If more space is needed, insert additional sheets of the same size)
REV-1508 EX+ (6_g8)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
SCHEDULE E
CASH, BANK DEPOSITS, ~ MISC.
PERSONAL PROPERTY
ESTATE OF FILE NUMBER
Simon A Lehman Jr 21 10 0115
Include the proceeds of litigation and the date the proceeds were received by the estate.
All property jointJyowned with the right of survivorship must be disclosed on Schedule F.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
1 2008 Honda automobile
sale value
2 (Bankers Life
refund unused premium on long term care policy
3 Decedent's one-half interest in the Brethren In Christ
Charitable Remainder Trust which created three separate
interests:
(a) The first interest is to the surviving spouse and is
taxable at a 0~ rate.
(b) The second interest is a remainder trust for three
grandchildren and is taxable at a 4.5$ rate. The
remainder interest value is $27,105.06.
(c) The third interest is a remainder trust for the
Brethren In Christ Foundation and is non-taxable due to
the foundation being a charity.
See attached trust agreements and calculations for
remainder interest.
4 (Coventry Health Product Services
refund due the decedent
5 Decedent's one-half interest in the Mennonite Foundation
Charitable Remainder Unitrust
created 12/28/2004. See attached unitrust agreement.
6 Mennonite Mutual Aid Association
refund unused premium on health insurance policy
7 Orrstown Bank
checking account #111001647. Funds held in the account
are proceeds from sale of book written by the decedent.
All profits from the book sales will be donated to two
church institutions (see attached flyer)
17,300.00
684.37
27,105.06
16.70
273,947.25
263.87
1,062.38
3W46AD 1.000
Also enter on line 5, Reca
(If more space is needed, insert additional sheets of the same size)
320,379.63
REV-1510 EX + (08-09)
pennsylvania
DEPARTMENT OF REVENUE
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE G
INTER-VIVOS TRANSFERS AND
MISC. NON-PROBATE PROPERTY
Simon A Lehman, Jr
10 0115
This schedule must be completed and filed if the answer to any of questions 1 through 4 on page three of the REV-1500 is yes.
ITEM
NUMBE DESCRIP110N OF PROPERTY
INCLIAETFENMIEOFTFETRMSFEREE,TFEIRREIATIONSF#PTODECEDEMAPD
'fl-EDAiEOF7RM5FFRATfPCHACOPYOFTFEDEEDFORREALESTATE.
DATE OF DEATH
VALUE OF ASSET
%OFDECD'S
INTEREST
EXCLUSION
IF APPLICABLE
TAXABLE
VALUE
~~ Equitrust Life Insurance Co. 72,456.51 100.0000 0.00 72,456.51
annuity #EQ0001027359F.
Surviving spouse is
beneficiary .
TOTAL (Also enter on line 7, Recapitulation) $
72,456.51
If more space is needed, use additional sheets of paper of the same size.
9W46AF 2.000
REV-1511 EX+(10-09)
Pennsylvania
DEPPR'rMENTOF REVENUE
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE H
FUNERAL EXPENSES AND
ADMINISTRATIVE COSTS
ESTATE OF FILE NUMBER
Simon A Lehman Jr 21 10 0115
Decedent's debts must be reported on Schedule I.
ITEM
NUMBER DESCRIPTION AMOUNT
A. FUNERAL EXPENSES:
~ Funeral expenses for pastor, bishop and musicans 435.00
Total from continuation schedules
B.
1
ADMINISTRATIVE COSTS:
Personal Representative Commissions:
Name(s) of Personal Representative(s)
Street Address
2
3
4.
5.
6.
7.
1
City
Year(s) Commission Paid:
Attorney Fees:
Family Exemption: (If decedent's address is not the same as claimant's, attach explanation.)
Claimant Bettv G. Lehman
Street Address 233 Skyline Drive
City Mechanicsburg State PA ZIP 17050
Relationship of Claimant to Decedent SURVIVING SPOUSE
Probate Fees:
Accountant Fees:
Tax Return Preparer Fees:
McNees, Wallace & Nurcik, LLC
attorney services
Total from continuation schedules .
11,937.00
3,700.00
3,500.00
102.50
2,203.20
1,015.00
TOTAL (Also enter on Line 9, Recapitulation) I $ _ 22 , 8 92.7 0
State ZIP
swasA~ z.ooo If more space is needed, use additional sheets of paper of the same size.
Estate of: Simon A Lehman, Jr
Schedule H Part 1 (Page 2)
Item
No. Description
2 Gingrich Memorials
inscription on marker
3 Myers Funeral Home, Inc.
funeral sevices
21 10 0115
Amount
140.00
11,797.00
Total (Carry forward to main schedule) 11,937.00
Estate of: Simon A Lehman, Jr 21 10 0115
Schedule H Part 7 (Page 2)
2 Register of Wills
filing fee for Inheritance Tax Return 15.00
3 Reserve
reserve for filing fees and other miscellaneous
costs associated with the administration of the
Decedent's estate. 1,000.00
Total (Carry forward to main schedule) 1,015.00
REV-1512 EX + (12-08)
Pennsylvania SCHEDULE I
DEPPRTN~NTOF REVENUE DEBTS OF DECEDENT,
INHERITANCE TAX RETURN MORTGAGE LIABILITIES $ LIENS
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Simon A Lehman, Jr 21 10 0115
Report debts incurred by the decedent prior to death that remained unpaid at the date of death, including unreimbursed medical expenses.
BW46AH 2.000 If more space is needed, insert additional sheets of the same size.
REV-1513 EX+(01-10) SCHEDULE J
pennsyfvania
DEPARTMENT OF REVENUE BEN EFt CIARI ES
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF: FILE NUMBER:
Simon A Lehman Jr 21 10 0115
RELATIONSHIP TO DECEDENT AMOUNT OR SHARE
NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE
I TAXABLE DISTRIBUTIONS [Indude outright spousal distributions and transfers under
Sec. 9116 (a) (1.2}.]
1. Betty G. Lehman Surviving Spouse 63,032.81
233 Skyline Drive
Mechanicsburg, PA 17050
All of Residue to Betty G. Lehman:
2 Curtis G. Lehman Grandson 9,035.02
One-third of Brethren In Christ
Charitable Remainder Trust
ENTER DOLLAR AMOUNTS FOR pISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18 OF REV-1500 COVER SHEET, AS APPROPRIATE.
[[ NON-TAXABLE DISTRIBUTIONS
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX 1S NOT TAKEN:
1.
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS:
1. See Attached
1
TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LVNE 13 OF REV-1500 COVER SHEET. ~ $ 275 , 009.63
If more space is needed, use additional sheets of paper of the same size.
9WA6AI 2.000
Estate of: Simon A Lehman, Jr
Schedule J Part 1 (Page 2)
Item
No. Description
3 Tandi R. Lehman
One-Third of Brethren In Christ
Charitable Remainder Trust
4 Traci L. Lehman
One-Third of Brethren In Christ
Charitable Remainder Trust
21 10 0115
Relation Amount
Granddaughter 9,035.02
Granddaughter 9,035.02
Estate of: Simon A Lehman, Jr
Schedule J Part 2B (Page 1}
21 10 0115
Item
No. Description Amount
1 Brethren in Christ Foundation 531.19
Orrstown Bank
2 Mennonite Foundation 273,947.25
Decedent's one-half interest in the Mennonite Foundation
Charitable Remainder Unitrust
3 Mowersville Christian Academy 531.19
Orrstown Bank
Charitable Remainder Unitrust
Trust Type: Life
Transfer Date: 1/2010
§7520 Rate: 3.00%
fMV of Trust: $108,513 ~"
Growth Rates
Before Change: 3.00°l°
After Change: 3.00%
{ncome Rates
Before Change: 5.00%
After Change: 0.00%
Percentage Payout: 6.000%
Payment Period: Monthly
Months Val. Precedes Payout: 1
Lives: 1
Ages: 84
CRUT Type: NfMCRUT
Year to Changel'Flip': _ 10
Payout Sequence Factor: 0.984152
Adjusted Payout Rake: 5.905°!°
Interpolation:
8%:
Factor at 5 0.69830
.
Factor at 6.0%: 0.69029
Difference: 0.00801
{5.905% - 5.8%} / 0.2% = X 10.00801; Therefore X = 0.00421
Life Remainder Factor =Factor at 5.8% Less X: 0.69409
Present Value of Remainder Interest = $108,512.50 x 0.69409: $75,317.44
Donor's Deduction: $75,317.44
Donor's Deduction as Percentage of Amount Transferred: 69.409°l°
10!7/2010
G',~i~(y
Life Expectancy Based on Sec 1.401(a)(9) (2002)
Age of Person 1 (to nearest birthday): 84
Mortality Table: Sec 1.401(a)(9) (2002)
Individual Statistics
Your Additional Life Expectancy (Yrs.) Should Be:
Your Age at Life Expectancy Should Be:
The Probability of Living to Life Expectancy is:
The Median Age of Death for Your Current Age is:
Probability You Will Live to Median Age of Death:
Your Median Age of Death Minus Your Life Expectancy:
$.1
92.1
45.890%
91.4
52.535%
-0.7
10/7/2010
~~c 2 ~ `f
Present Value of a Lump Sum
10!7/2010
Expected Future Lump Sum: $75,317
Projected interest Rate: 3.000%
Number of Time Periods: 8
Present Value: $59,456
~~,~ 3 ~ ~
Charitable Remainder Unitrust
10/7!2010
Trust Type: Term
Transfer Date: 1/2010
§7520 Rate: 3.00%
FMV of Trust: $59,457
Growth Rate: 3.00%
Income Rate: 5.00%
Percentage Payout: 6.000%
Payment Period: Monthly
Months Vaf. Precedes Payout: 1
Term: 10
CRUT Type: Normal
Payout Sequence Factor: 0.984152
Adjusted Payout Rate: 5.905%
Interpolation:
Factor at 5.8%: 0.550185
Factor at 6.0°l0: 0.538615
Difference: 0.011570
(5.905% - 5.8%) / 0.2% = X / 0.011570; Therefore X = 0.006074
Term Remainder Factor =Factor at 5.8% Less X: 0.544111
Present Value of Remainder Interest = $59,456.50 x 0.544111: $32,350.94
Donor`s Deduction: $32,350.94
Donor's Deduction as Percentage of Amount Transferred: 54.411
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;~ ~ f H_ARITABLE REMAINDER UNITRUST
On this 19th day of March, 1999, we, SIMON A. LEHMAN, JR. and BETTY G.
LEHMAN (Donors), of 607 Evergreen Road, New Cumberland, PA 17070-2820, desiring to
establish a charitable remainder unitrust, within the meaning of section 6 of Rev. Proc. 90-31 and
section 664(d}(2) and (3) of the Internal Revenue Code (hereinafter referred to as "the Code")
hereby create the SIMON A. LEHMAN, JR. AND BETTY G. LEHMAN CHARITABLE
REMAINDER UNITRUST and designate THE JACOB ENGLE FOUNDATION INC. as
initial Trustee.
1. Funding of Trust. The donors transfer to the Trustee the property described in
Schedule A., and the Trustee accepts such property and agrees to hold, manage, and distribute
such property of the Trust under the terms set forth in this Trust instrument.
~. Payment of Unitrust Amount. In each taxable year of the Trust, the Trustee shall pay
to SIMON A. LEHMAN, 7R. AND BETTY G. LEHMAN (hereinafter referred to as "the
Recipients") in equal shares during their lifetimes, a unitrust amount equal to the lesser of: (a) the
Trust income for the taxable year, as defined in section 643(b) of the Code and the regulations
thereunder, or (b) six per cent (6.0%) of the net fair market value of the assets of the Trust valued
as of the first day of each taxable year of the Trust (the "valuation date"). The unitrust amount
for any year shall also include any amount of Trust income for such years that is in excess of the
amount required to be distributed under (b) (above) to the extent that the aggregate of the amounts
paid in prior years was less than the aggregate of the amounts computed as six per cent (6.0%) of
the net fair market value of the Trust assets on the valuation dates.
Upon the death of the first of the Recipients to die, the survivor Recipient shall be entitled
to receive the entire unitrust amount. The unitrust amount shall be paid in monthly installments.
Any income of the Trust for a taxable year in excess of the unitrust amount shall be added to the
principal. If for any year the net fair market value of the Trust assets is incorrectly determined,
then within a reasonable period after the value is finally determined for federal tax purposes, the
Trustee shall pay to the Recipients (in the case of an undervaluation) or receive from the
Recipients (in the case of an overvaluation) an amount equal to the difference between the unitrust
amount properly payable and the unitrust amount actually paid.
For aten-year period following the death of both Recipients, Simon A. Lehman, Jr. and
Betty G. Lehman, payments in equal amounts shall be made to Tandi R. Lehman, granddaughter;
Curtis G. Lehman, grandson; and Traci L. Lehman, granddaughter. If any of these three die
before the end of the ten-year period following the death of the second Recipient, payment of that
grandchild's share shall pass unto his or her issue per stirpes. If said grandchild leaves no issue,
said share shall lapse and be added to the shares passing to the other grandchildren or their issues
per stirpes.
3. Payment of Federal Estate Taxes and State Death Taxes. The lifetime unitrust interest
of the survivor Recipient will continue in effect upon the death of the first Recipient to die only
if the survivor Recipient furnishes the funds for payment of any federal estate taxes or state death
taxes for which the Trustee may be liable upon the death of the first Recipient to die.
4. Proration of the Unitrust Amount. In determining the unitrust amount, the Trustee
shall prorate the same on a daily basis for a short taxable year and for the taxable year ending with
the survivor's death.
5. Distribution to Charity. No amount other than a Unitrust amount shall be paid to or
for the use of any person other than an organization described in each of Section 170(b)(1)(A),
Section 170(c), Section 2055(a) and Section 2522(a) of the Internal Revenue Code (described
hereinafter as "qualified exempt" organizations). Upon the death of the survivor Recipient, the
Trustee shall distribute all of the then principal and income of the Trust (other than any amount
due either of the Recipients or their estates under the provisions above) equally unto The Jacob
Engle Foundation, Inc, to distribute such principal or income to such one or more organizations
described in sections 170(c}, 2055(a), and 2522(a) as the Trustee shall select in its sole discretion.
6. Additional Contributions. The donors and other persons may at any time contribute
additional property to the Trust, provided that such property is acceptable to the Trustee. If any
additional contributions are made to the Trust after the initial contribution, the unitrust amount for
the year in which the additional contribution is made shall be equal to the lesser of (a) the Trust
income for the taxable year, as defined in section 643(b) of the Code and the regulations
thereunder, or (b) six per cent (6.0%) of the sum of (1) the net fair market value of the Trust
assets as of the valuation date (excluding the assets so added and any income from, or appreciation
on, such assets) and (2) that proportion of the fair market value of the assets so added that was
excluded under (1) that the number of days in the period that begins with the date of contribution
and ends with the earlier of the Last day of the taxable year or the date of death of the survivor
Recipient bears to the number of days in the period that begins on the first day of such taxable year
and ends with the earlier of the last day in such taxable year or the date of death of the survivor
Recipient. In the case where there is no valuation date after the time of contribution, the assets
so added shall be valued as of the time of contribution. The unitrust amount for any such year
shall also include any amount of Trust income for such year that is in excess of the amount
required to be distributed under (b) above to the extent that the aggregate of the amounts paid in
prior years was less than the aggregate of the amounts computed as six percent (6.0%) of the net
fair market value of the Trust assets on the valuation dates.
7. Prohibited Transactions. The Trustee shall make distributions at such time and in such
manner as not to subject the Trust to tax under section 4942 of the Code. Except for the payment
of the unitrust amount to the Recipients, the Trustee shall not engage in any act of self-dealing,
as defined in section 4941(d), and shall not make any taxable expenditures, as defined in section
4945(d}. The Trustee shall not make any investments that jeopardize the charitable purpose of the
Trust, within the meaning of section 4944 and the regulations thereunder, or retain any excess
business holdings, within the meaning of section 4943(c).
8. Taxable Year. The taxable year of the Trust shall be the calendar year.
9. Governing Law. The operation of the Trust shall be governed by the laws of the State
of Pennsylvania. The Trustee, however, is prohibited from exercising any power of discretion
granted under said laws that would be inconsistent with the qualification of the Trust under section
664(d)(2) and (3) of the Code and the corresponding regulations.
10. Limited Power of Amendment. The Trust is irrevocable. However, Donors do retain
the right by written instrument or by Wi11 to add qualified charities to and/or remove charities
from the Schedule set forth in Paragraph 5 above, and to change percentage allocations to the
charities. In addition, the Trustee shall have the power, acting alone, to amend the Trust in any
manner required for the sole purpose of ensuring that the Trust qualifies and continues to qualify
as a charitable remainder unitrust within the meaning of section 664(d)(2) and (3) of the Code.
11. Investment Decisions. In addition to the powers conferred upon the Trustee by law,
the Trustee is authorized to invest and reinvest the Unitrust in any kind of property, without
diversification as to kind or amount and without regard to the limitations imposed by law on
investments. Nothing in this Trust instrument shall be construed to restrict the Trustee from
investing in trust assets in a manner that could result in the annual realization of a reasonable
amount or income or gain from the sale or disposition of Trust assets.
12. Trustee. The Jacob Engle Foundation, Inc. of Grantham, Pennsylvania, shall serve
as initial Trustee of the Unitrust herein established. If no Independent Trustee as defined under
Sections 664, 674, and 672 of the Code is acting with respect to this trust and the trust holds any
asset that does not have a readily ascertainable fair market value, or holds any insurance contract
or annuity contract, then an Independent Special Trustee as defined under the above Code sections
shall be appointed by the Trustee in a written document referring to this paragraph. The
Independent Special Trustee shall have sole responsibility for valuation of assets without readily
ascertainable fair market value, and shall make all decisions regarding withdrawals, surrender,
options, elections, allocations to income or principal, and dispositions with respect to any
insurance or annuity contract. The Independent Special Trustee shall have no powers other than
those specified in this paragraph.
A Trustee shall be entitled to compensation for services hereunder according to the
Trustee's schedule of fees in effect at the time such services are rendered. No bond or security
shall be required of the Trustee in any jurisdiction. The Trustee shall not be required to file an
inventory or annual report with any court with proper jurisdiction. If at any time a Trustee is a
corporation, the position of trustee may be assumed by a successor corporation with trust powers.
A successor trustee shall not be required to examine the administration or actions of any prior
trustee and shall not be liable far such administration or actions. Donors retain the right by
written instrument submitted to the Trustee to remove any Trustee and designate any successor
Trustee, except that a Donor shall not at any time be appointed or act as a successor Trustee.
IN WITNESS WHEREOF, this Trust Agreement has been signed by the Donors and
Trustee the day and year first above written.
ATTEST:
Simon A. Lehman, Jr.
Betty
Lelunan
THE JACOB ENGLE FOUNDATION, INC.
B -w~ SEAL
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b
,~, ~ ~,~
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~~'~`~
L..r~ ~°~."'' ~y
INSTALLMENT PURCHA4F A REEMENT
THIS AGREEMENT made this 19th day of March, 1999, between Simon A. Lehman,
Jr. and Betty G. Lehman of 607 Evergreen Road, New Cumberland, PA 17070-2820 (hereinafter
referred to as "GRANTOR"), and Jacob Engle Foundation, Inc., aNot-for-Profit Corporation,
____having-its~prirrcipal_piace--of-business- n-Cuinberland ~Cou~nt~; ~'ertnsy-l-v~rix-(her-eiAafter--r-efeFr~ed ---
to_as "GRANTEE"). _ _
WITNESSETH, that in consideration of the mutual covenants contained herein, and
intending~to Iie~ legally bound hereby the patie5~ agree as follows: :~;':~~ . ~~ ~-~~ -"-~"- - -R---- °~~-°
" 1. " DESCRIPTION: GRANTOR a reel to sell to GRANTEE and GRANTEE a gees
to purchase the following described real property (hereinafter referred to as "the Premises").
ALL THAT CERTAIN tract or parcel of land, .BEING Lot No . 1 _on the" Limited Final . , __
Subdivision Plan for Simon A. Lehman, Jr., which said Plan is recorded in the Cumberland
County Recorder's Office in Plan Book No. 57, Page 125.
BEING a part of the same premises which Paul C. Gibble and Helen E. Gibble, his wife,
by their Deed dated January 11, 1973 and recorded in the Cumberland County Recorder's_ Office
in Deed Book "Z", Volume 34, Page 30, granted and conveyed unto Simon A. Lehman, Jr. and
Betty G. Lehman, his wife, the grantors herein.
2. TERMS. GRANTORS do hereby agree to convey to GRANTEE for the
consideration of a Charitable Remainder Uni-trust for the lifetimes of Simon A. Lehman, Jr. and
Betty G. Lehman, said Uni-trust to be executed contemporaneously with the execution of this
agreement. GRANTEE shall be the Trustee of said Trust. The terms of said Uni-trust are set
forth in the Uni-trust Agreement which is attached hereto and made a part hereof and marked
Exhibit "B" . The purchase price value for the premises is one hundred sixty thousand dollars
($160,000.00). The remaining sixty thousand dollars shall be paid to the GRANTOR by the
GRANTEE.
3. POSSESSION: GRANTOR shall deliver possession of the Premises to GRANTEE
at a settlement on or before March 25, 1999. Record title shall remain in GRANTOR until such
time as GRANTEE shall find a purchaser as outlined in Paragraph Four.
4. DISPOSITION: GRANTOR and GRANTEE acknowledge that GRANTEE shall
have the right to actively seek a purchaser for the premises. When GRANTEE has secured a
purchaser for the premises, GRANTOR shall execute a deed conveying the premises to said
purchaser, and GRANTOR shall be responsible to pay one-half of the transfer tax, said amount
to be deducted from the net proceeds used to fund the aforementioned Uni-trust.
5. PAYMENT OF TAKES; CHARGES FOR MUNICIPAL SERVICES; AND
~F Y~~
a) All real property taxes levied` on the premises shall be apportioned-pro-rata
on a fiscal year basis at the time of settlement.
b) All charges for municipal services and current rents received or due upon
the premises shall be apportioned pro-rata at the time of settlement.
__ __ , , _ __ _ , _ .. _.. __ c} _ ___ All, real property, taxes: levied after the date_of_settlement shall_be paid. by _ _
the GRANTEE as follows:.
.- .. _
(~ Said taxes -shall be paid by GRANTEE directly to tax collectors prior to ~ -~ ~~---
the time said taxes become delinquent. GRANTEE shall provide to GRANTOR at least annually,
photocopies of paid receipts or canceled checks indicating payment of said taxes. _ - - - -
__ _ _ __ _
d) All charges for municipal services accruing after the date of possession
settlement shall be paid by GRANTEE directly to the suppliers of municipal -services prior to the __ _
__ --
time said charges become delinquent. GRANTEE shall provide to GRANTOR at least aruiually,
photocopies of paid receipts and/or canceled checks indicating payment of these billings.
6. ASSESSMENTS AND NOTICES: GRANTOR represents that as of the date of
this agreement no assessments for public improvements have been made against the premises
which remain unpaid and that no notice by any governmental or other public authority has been
served upon GRANTOR or anyone on GRANTOR's behalf, including notices relating to violation
of housing, buildings, safety or fire ordinances which remain uncorrected, unless otherwise
specified herein. GRANTEE will be responsible for any notices served upon GRANTOR after
the date of the Agreement; GRANTOR will be responsible for any such improvements,
assessments or notices received prior to the date of this Agreement.
7. STRUCTURAL CHANGES AND IMPROVEMENTS: GRANTEE shall make
no structural alterations to or upon the Premises without first obtaining GRANTOR's written
consent.
8. LEASING AND ASSIGNMENT: GRANTEE shall have the right to assign, lease
or transfer this agreement or any rights hereunder.
9 . HEIRS~.SUCCESSOR A_ND ASSIGNS: This agreement shall be binding upon
the parties hereto, their heirs; executors, administrators, and assigns: ~ ~ - ~ ~ -~
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written.
.._ _..._...._ __ __.__._ _._.. ____~____._.___.___-_,_-_._--- -_..... _._,~n_ .-----__.-__
GRANTEE:
Please Print Name and Title
Fee
~~ ~~.~~~~~~~ ~C1.tP ~ Q 19TH da of
. Y
March in the year of our Lord one thousand nine hundred and ninety nine (19 9 9 )
~Q~fuQQrt
SIMON A. LEHMAN, JR. AND BETTY G. LEHMAN, HIS WIFE, RECORD OWNERS
THE JACOB ENGLE FOUNDATION, INC., A PENNSYLVANIA NOT-FOR-PROFIT
CORPORATION, EQUITABLE OWNERS (hereinafter called the Grantor(s), of the one part, and
JOHN J. AMSLEY, SR. AND CATHERINE B. AMSLEY, HUSBAND AND WIFE,
(hereinafter called the Grantee(s), of the other part;
Y~XC$$'$Q~~ That the said Grantor(s) for and in consideration of the sum of
One hundred sixty thousand and 00/100 {$160,000.00) Dollars
lawful money of the United States of America, unto them well and truly paid by the said Grantee(s), at and
before the seating and delivery of these presents, the receipt whereof is hereby acknowledged, have granted,
bargained, svld, aliened, enfeoffed, released and cotafrmed, and by these presents do grant, bargain, sell,
alien, enfeoff, release and confirrre unty the .raid Grantee(s) their Heirs and Assigns, as tenants by
the entireties.
ALL THAT CERTAIN tract and parcel of land situate in the Township of
Silver spring, County of Cumberland and State of Pennsylvania, mare
particularly bounded and described as follows, to wit:
BEGINNING at a point in the Northern line of Skyline Drive {T-581),
which said point is in the division line between Lots Nos. 1 and 2
on the hereinafter mentioned Plan of Lots; thence along the
Northern line of Skyline Drive (T-581), South 67 degrees 35 minutes
30 seconds West, 510.00 feet to a point in the Eastern dedicated
right-of-way line of Rich Valley Road (L.R. 21019}; thence along
the Eastern dedicated right-of-way line of Rich Valley Road (L.R.
21019), North 20 degrees 49 minutes 30 seconds West, 376.99 feet to
a point at corner of lands now or formerly of Jerry Simpson; thence
along the line of said lands now or formerly of Jerry Simpson,
North 68 degrees 15 minutes 00 seconds East, 499.58 feet to a point
in the division line between Lots Nos. 1 and 2 on the hereinafter
mentioned Plan of Lots; thence along the division line between Lots
Nos. 1 and 2 on said Plan, South 22 degrees 24 minutes 30 seconds
East, 379.07 feet to a point in the Northern line of Skyline Drive
{T-581), first above mentioned, at the point and place of BEGINNING.
BEING Lot No. 1 on the Limited Final Subdivision Plan for Simon A.
Lehman, Jr., which said Plan is recorded in the Cumberland County
Recorder's Office in Plan Book No. 57, Page 125.
:BEING PART OF THE SAME PREMISES which Helen E. Gibble, widow, by her
,. •,•'~ deed dated March 13, 1979 and recorded March 13, 1979 in t he
' ~,~ Cumberland County Office of the Recorder of Deeds in Deed Book I,
'~~ .'`~~ ~ Volume 28, Page 92 granted and conveyed to Simon A. Lehman, Jr. and
Betty G. Lehman, his wife.
~~
~II~E~~~~ with all and singular the buildings and
improvements, ways, streets, alleys, driveways, passages, waters, water-courses, rights, liberties, privileges,
hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in any wise
appertaining, and the reversions and remainders, rents, issues and profits thereof; and all the estate, right,
title, interest, property, claim and demand whatsoever, of the said Grantor(s), as well at law as in equity, or
otherwise howsoever, of, in, and to the same and every part thereof.
~II ~~~E ~nli ~II ~IIlLt the said lot or piece of ground described
hereditaments
and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said
Grantee(s), their Heirs and Assigns, to and for the only proper use and behoof of the said
Grantee(s), their Heirs and Assigns forever, as tenants by the entireties .
.Z~.~t~ the said Grantor(s), for themselves and their
Heirs, Executors, and Administrators do by these presents, covenant, grant, promise and agree, to
and with the said Grantee(s), their Heirs and Assigns, that the said Grantor(s) and their
Heirs, all and singular the hereditaments and premises herein described and granted, or mentioned and
intended so to be, with the appurtenances, unto the said Grantee(s), their Heirs and Assigns,
against the said Grantor(s) and their Heirr, and against all and every other Person and Persons
whomsoever lawfutly claiming or tv claim the same or any part thereof, by, from or under him, leer, it, or
any of them, shall and will
BY THESE PRESENTS SPECIALLY WARRANT and,forever DEFEND.
~ri auat~T[E8S ~jErEit'~, the said parties of the ,first part to tJzese presents have hereunto
set their hand(s) and seal(s). Dated the day and year first above written.
d''~$nC~, ~E2T~E~I tTYt~t ~E~i~t'.I'C~
IN THE PRESENCE OP US:
THE JACOB ENGLE FOUNDATI
p c
~ ~~~
~~
~' ' C'vLc,.~~~ lG. ,.C-
(Attest
r
LEHMAN, H
~etx1
SILVER SPRING Township
CUMBERLAND County
~ The address of the above-named Crantee
~s I vd' ~ e_ ,~z i Zr,~~~u
_~. ~C~ ir7C7/
On behalf of .t a Grantee.
A. U.S. DEPARTMENT OF HOUSING and URBAN DEVELOPMENT
SETTLEMENT STATEMENT OMB No. 2502-0265
TITL
P
CORNERSTONE E
RO
Laserprinl
LAND TRANSFER, INC. B. TYPE OF LOAN
5 West Main Street
Shiremanstown, PA 17011 1. [ f FHA 2. [ ] FMHA 3. [ ] CONV. UNINS.
4. ( j VA 5. [ ] CONV. INS.
Phone: (717) 730-9664 Fax: (717) 730-9665 6. FILE NUMBER:
990212 7. LOAN NUMBER:
8. MORT. INS. CASE NO.:
C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked
'(p.o.c.)' were paid outside the closing; [hey are shown here for informational purposes and are not included in the totals.
D. NAME AND ADDRESS OF BORROWER:
JOHN J. AMSLEY, SR.
CATHERINE B. AMSLEY E. NAME AND ADDRESS OF SELLER:
SIMON A. LEHMAN, JR.
BETTY G. LEHMAN AND THE
JACOB ENGLE FOUNDATION F. NAME AND ADDRESS OF LENDER:
~~G//. PROPERTY LOCATION:
"7• ~ d
>~:-5- ACRES - SKYLINE DRIVE H. SETTLEMENT AGENT:
CORNERSTONE LAND TRANSFER I. SETTLEMENT DATE:
03/19/99
SILVER SPRING TOWNSHIP
CUMBERLAND County PLACE OF SETTLEMENT:
5 W. MAIN STREET, SHIREMANSTOWN PA 17011
J. SUMMARY OF BORROWER'S TRANSACTION: K. SUMMARY OF SELLER'S TRANSACTION:
too. GROSS AMOUNT DUE FROM BORROWER 400. GROSS AMOUNT DUE TO SELLER
101. Contract sales price 16 0 0 0 0. 0 0 aol.Contract sales price 16 0 0 0 0. 0 0
102. Personal property aoz.Personal property
103. Settlement charges to borrower (line 1400) 2 7 5 4 . 2 5 ao3.
104. 404.
105. 405.
Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance
to6. City/Town tax to 4os.CityjTown tax to
t o7. County tax 0 3 19 9 9to l 2 31 9 9 5 8. 0 9 a07. county tax 0 3 19 9 9to 12 31 9 9 5 8. 0 9
10&. Assessments to aos.Assessments to
109. SCHOOL 0 3 19 9 9to 0 6 3 0 9 9 6 9 0 2 409. SCHOOL 0 3 19 9 9to 0 6 3 0 9 9 6 9 0 2
110 to 410. to
111. 411.
112. 412.
1zo. GROSS AMOUNT DUE FROM BORROWER 162 8 81.3 6 42o.GROSS AMOUNT DUE TO SELLER 16012 7.11
eon. AMOUNTS PAID BY OR IN BEHALF OF BORROWER Sao. REDUCTIONS IN AMOUNT DUE TO SELLER
zo1. Deposit or earnest money So1.Excess deposit (see instructions)
zoz. Principal amount of new loan(s) Soz.Settlement charges to seller (line 1400) 16 97.91
203. Existing loan(s) taken subject to 5o3.Existing loan(s) taken subject to
zoo. Soa.Payoff of First Mortgage Loan
SIMON AND BETTY LEHMAN
60000.00
zo5. soS.Payoff of Second Mortgage Loan
206. 506.
207. 507.
208. 508.
209. 509.
Adjustments for items unpaid by sel ler Adjustments for items unpaid by seller
2to. City/Town tax to 51o.CityRown tax to
211. County tax to 511. County tax to
z12. Assessments to 51z.Assessments to
213. SCHOOL [O 513. SCHOOL 10
214. 514.
21 S. 515.
216. 516.
217. _ 517.
218. 518.
219. 519.
220. TOTAL PAID BY/FOR BORROWER 52o.TOTAL REDUCTION AMOUNT DUE SELLER 616 97 .91 I,
300. CASH A7 SETTLEMENT FROM OR TO BORROWER soo.CASH AT SETTLEMENT TO OR FROM SELLER
301. Gross amount due from borrower (line 120) 162 8 81.3 6 sol.Gross amount due to seller (line 420) 16 012 7.11
3oz. Less amount paid by/for borrower (line 220) so2.Less reduction amount due seller (line 520) 616 9 7.91
303. CASH (~[ FROMj ([ ] TOj BORROWER 162881.36 so3.CASH ([X] TOj ([ ]FROM) SELLER 8429 .20
Buyer or Borrower's Signature
J
~ca2t/
Seller's Signatu
HUD-i Rev. 5/86
~, , ~"
4 ~~~
~~~ INSTALLMENT SALE AGREEMENT FOR REAL ESTATE
ND
THIS INSTALLMENT SALE AGREEMENT made this as day of
~QLex~n~~c-, 2000, by and among SIMON A. LEHMAN, JR. and BETTY G.
LEHMAN (hereinafter called "Seller" or "Sellers") and BRETHREN IN CHRIST
FOUNDATION, an Indiana not-for-profit corporation (hereinafter called "Buyer" or
"Purchaser").
WITNESSETH:
WHEREAS, Seller is the owner of real estate which is more particularly bounded
and described in Exhibit "A" attached hereto, and
WHEREAS, Seller agrees to sell and Buyer agrees to purchase said real estate
under and subject to the terms and conditions set forth below; and
WHEREAS, this Agreement is actually intended to facilitate the gift of the
Premises described in Exhibit "A" by Sellers to Buyer as described hereinbelow, and
WHEREAS, the parties desire to confirm their understanding in writing.
NOW, THEREFORE, the parties hereto, intending to be legally bound hereby,
agree as follows:
1. RECITALS. The recitals set forth above are incorporated hereuz by
reference.
2. PROPERTY. Seller agrees to sell to Buyer and Buyer agrees to
purchase from Seller the premises particularly described in Exhibit "A," which
said Exhibit is attached hereto and made a part hereof together with all trees,
shrubbery, plantings now in or an premises, and easements and rights
appurtenant thereto. The premises and the foregoing personal property and
fixtures hereinafter collectively called the "Property."
3. PURCHASE PRICE. The purchase price for the Property is
payable as follows:
A. The purchase price for the Property is a $206,750.00 addition to a
Charitable Remainder Unitrust f or Simon A. Lehman, Jr. and Betty
G. Lehman dated March 19,1999 between Seller, as Settlor, and
Buyer, as Trustee.
B. The balance of $100.00 together with interest at 8% percent simple
interest payable on or before December 31, 2002. Said payment
date shall be the closing date, as defined hereinafter. Buyer may
prepay without penalty.
4. PAYMENT OF TAXES AND INSURANCE. Buyex shall be
responsible to pay all taxes, to include, but not limited to, township, county and
school district real estate taxes, together with insurance, to include flood
insurance, if applicable, on account of the premises described in Exhibit "A."
5. FINAL SETTLEMENT. It is agreed by and among the parties
hereto that this Agreement and settlement thereon shall lie signed and held on or
before eLd 1 3 d~ 0 and that final settlement shall be held on or before the
day of December 31, 2002 (TIME SHALL BE OF THE ESSENCE), or earlier if
Buyer exercises its right of prepayment. Said settlement shall be held at the
offices of Brethren in Christ Foundation, Grantham, Pennsylvania, or at such
other place mutually agreed upon by the parties hereto and at a time contained
in the written notice by the Buyer to Seller or the written notice by Seller to
Buyer. Seller agrees at the time of final settlement that Seller will furnish to
Buyer upon payment of the principal balance and interest then due and owing, a
special warranty deed conveying good and marketable title to the property to
Buyer, free of all liens and encumbrances, except existing restrictions of record,
and such title as will be insurable, at regular rates by a responsible title insurance
company. Further, Buyer shall pay all of the then-applicable realty transfer
taxes, and Seller shall pay no realty transfer taxes.
6. EXISTING OR FUTURE ENCUMBRANCES. The property
described in Exhibit "A" is not subject to any existing lien or encumbrance, except
existing easements and restrictions, if any. Seller agrees that Seller will not,
without the prior written consent of Buyer, further encumber or allow to be
encumbered the subject real estate.
7. RISK OF LOSS. Destruction of, or damage to any building or
other improvement now or hereafter erected or to be placed on the subject
property, whether said damage or destruction is caused by fire or other casualty,
2
shall not release Buyer from any of its obligations under this Agreement, it being
expressly understood by and between the parties that Buyer shall bear all risk of
loss to or damage to the subject property on or after the date of this Agreement.
8. INDEMNITY AND INSURANCE. Buyer agrees to indemnify and
save harmless the Seller from any and all claims for'damages arising out of injury
to person or property on the subject property. Buyer agrees to maintain liability
coverage insurance on the subject property from the date of this Agreement until
final settlement in an amount of at least $50,OOO.QO. Said insurance shall be with
a company or companies satisfactory to Seller and such policy or policies of
insurance shall contain provisions that any proceeds shall be payable to the
Buyex and Seller as their interests may appear, and such coverage or coverages
shall not be canceled or altered without giving thirty (30) days prior written
notice to Seller and getting Seller's written approval thereto. It shall be the
responsibility of Buyer to pay the premium for such insurance.
9. CONDITION OF PROPERTY AND MAINTENANCE. Buyer
agrees that it has personally inspected or caused to be inspected the subject
property and that Buyer is buying said property as is. Buyer shall be responsible
for the payment of any municipal assessment against the subject property, except
those, if any, resulting from work done or ordered to be done by the
municipality prior to the date hereof, and any such assessments which Buyer is
required to pay shall not be deemed an encumbrance on the title agreed to be
conveyed hereby. Buyer shall indemnify and hold the Seller and the property of
the Seller, including the Seller's interest in the property, free and harmless from
liability from any and all mechanic's liens or other expenses or damages resulting
from any renovation, alteration, buildings, repairs or other work placed on the
property by Buyer.
10. ASSESSMENTS AND UTILITIES. Buyer shall pay timely all
charges .and assessments (including benefit assessments) assessed and levied
upon the subject property after the date hereof. Further, Buyer shall pay all
utilities, including, but not limited to, heat, water, light, fuel and othex expenses
in connection with the operation and maintenance of the property.
3
11. ASSIGNMENT. Buyer shall have the right to assign this
Agreement or alI or any part of their right, title and interest herein without the
prior written consent of Seller. Seller shall have the right to assign this
Agreement or all of or any part of her right, title and interest herein.
12. DEFAULT. Payment of all monies becoming due hereunder by
Buyer and in the performance of all covenants and conditions of this Agreement
to be kept and performed timely by Buyer are conditions precedent to the
performance by Seller of covenants and conditions of the Agreement to be kept
and performed by Seller. In the event that Buyer should'fail for a period of thirty
(30) days after written notice by Seller to make any of the payments required by
this Agreement, or should Buyer fail to comply with any of the covenants or
conditions of this Agreement on its part to be performed, Seller may at her
option, declare the unpaid balance the purchase price and any accrued and
unpaid interest immediately due and payable. Seller may not elect to retake
possession but may only look to payment of the remaining balance due
hereunder from the Buyer or its assignee.
13. SELLER'S WARRANTY AND MUNICIPAL CLAIM. Seller
warrants that no notice of any governmental authority has been issued or served
upon the subject property or any occupant thereof or upon the Seller or agents of
Seller. prior to the signing of this Agreement calling attention to any violation of
any building, fire, safety or other ordinance or requirement or calling attention to
the need of any curbing, recurbing, paving, repaving or other construction or
improvement on or about the subject property or removal of any nuisance. No
municipal or other governmental improvements affecting the subject property
are, as of the date of this Agreement, in the course of construction or installation
and to the best of the knowledge of Seller, no such improvements have been
ordered to be made. Buyer shall be responsible for the payment of any
municipal assessment against the property except those, if any, resulting from
work done or ordered to be done by any municipality prior to the date of this
Agreement. Any such assessment which Buyer is required to pay shall not be
deemed an encumbrance on the title agreed to be conveyed by the terms of this
Agreement.
_. _ ...
. __
__ , T....,~..A.-~ __.
14. CONDEMNATION. To Seller's knowledge there are no pending
or threatened or contemplated condemnation or similar proceedings or
assessments affecting any part of the Property.
15. DEED IN ESCROW. Upon the execution of this Agreement, Seller
shall execute a special warranty deed conveying all of their right, title and
interest in the Property to Buyer. Said deed shall be delivered by Seller to
Buyer's attorney. Buyer's attorney shall hold said deed in escrow until such time
as the purchase price, together with any unpaid interest, is paid in full. At that
time, Buyer's attorney shall, deliver said deed to Buyer for recording. Said deed
shall be recorded at Buyer's expense.
16. NOTICE. Except for any notice required under applicable law to
be given in another manner, any notice to Buyer provided for in this Agreement
shall be given by mailing such notice by Certified Mail, Return Receipt
Requested, addressed to Buyer at P.O. box 290, Grantham, Pennsylvania 17027,
or at such other place as Buyer may designate by notice to Seller as provided
herein. Except for any notice required under applicable Iaw to be given in
another manner, any notice to Seller shall be given by Certified Mail, Return
Receipt Requested, to Seller's address, 233 Skyline Drive, Mechanicsburg,
Pennsylvania 17050, or to such other address as Seller may designate by notice
to Buyer as provided herein. Any notice provided for in this Agreement shall be
deemed to have been given to Buyer or Seller when given in the manner
designated herein.
17. POSSESSTON. Buyer shall be entitled to possession of said
Property immediately upon the signing of this Agreement.
18. ENTIRE AGREEMENT. This is the entire Agreement by and
between the parties hereto, and this Agreement shall be binding on and shall
inure to the benefit of the successors, heirs, personal representatives and assigns
of the parties hereto. Nothing in this paragraph shall be construed as a consent
by Seller to any assignment of this Agreement.
19. RECORDING. It is understood by and between the parties hereto
that this Agreement may be recorded in the Office of the 'Recorder of Deeds of
Cumberland County at the expense of Buyer.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound
hereby, hereunto set their hands and seals the day and year first above written.
SELLER:
.~
Simon A. Lehman, Jr.
r
Betty G. L hman
BUYER:
BRETHREN IN CHRIST FOUNDATION,
INC.
By:
is A. Stout, Chief Executive Officer
COMMONWEALTH OF PENNSYLVANIA
\ SS.
COUNTY OF CU.~~2~~o..~nC1
N~ l
On this, the ~_ day of ~ 2C,e.,w~ b Q„ C` , 2000, before me, a Notary
Public, personally appeared JULIA A. STOUT, who acknowledged herself to be the
Chief Executive Officer of Brethren in Christ Foundation, Inc., and that she as such
officer, being authorized to do so, executed the foregoing Installment Sale Agreement
for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~a1:~,1~
~~ ~.
Notary Pu is .~.....~...~-
(SEAL) Not~ria! Seal
tCimberiy R. Jaanbs, Notary Pub9ic
My Commission Expires: ~y ~,~~~s T~ E,~ r~~ ~ ~ , ~E'2~~~
Memtaer, Pannsytvania Association of Natarias
~~a~- Oa
COMMONWEALTH OF PENNSYLVANIA
1 \ SS.
COUNTY OF Cwm lpQ~ c' l Gc v~ C1
N~
On this, the ~. day of ~ e~2~~ , t` , 2000, before me, a Notary
Public, personally appeared SIMON A. LEHMAN, JR. and BETTY G. LEHMAN and
known to me (or satisfactorily proven) to be the persons whose names are subscribed to
the within Installment Sale Agreement, and acknowledged that they executed the same
for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
R. -~~,
Notary P lic ~~..
(SEAL) Notar[a.! sr~ai
Kimberly R. Jacobs, Notary F'ub4ic
Upper A11enTwp., Cumberland County ~yT
Commission Expires: lwy Commission Expires Sept. 26, 2002
~~ Memt~er, PennsyNanla Association at Notaries
7
EXHIBIT "A"
ALL THAT CERTAIN tract or parcel of land situate in the Township of Silver
Spring, County of Cumberland and State of Pennsylvania, more particularly bounded
and described as follows, to wit:
BEGINNING at a point in the western dedicated right-of-way line of Rich Valley
Road (S.R.1009), which said point is on the division line between Lots Nos. l and 2 on
the hereinafter mentioned Plan of Lots; thence extending along the division line
between Lots Nos.1 and 2 on said Plan, South 64 degrees 42 minutes 36 seconds West a
distance of 1268.81 feet to an iron pin in the line of land of the Cumberland Valley
School District; thence extending along the line of said land of the Cumberland Valley
School District and the line of lands now or late of Max C. Hempt, Ntirth 24 degrees 27
minutes 14 seconds West, a distance of 847.57 feet to an iron pin; thence along the line of
lands now or late of R.F. Fager Company, Gary A. Anderson, et al., North 80 degrees 43
minutes 16 seconds East, a distance of 1371.63 feet to an iron pin in the western
dedicated right-of-way of Rich Valley Road (S.R.1009), aforesaid; thence extending
along the western dedicated right-of-way line of the Rich Valley Road (S.R.1009), South
16 degrees 26 minutes 44 seconds East, a distance of 259.31 feet to an iron pin; thence
continuing along the western dedicated right-of-way line of the Rich Valley Road (S.R.
1009) in a southerly direction by the arc of a circle curving to the left having a radius of
1530.00 feet, the arc distance of 111.76 feet to an iron pin on the division line between
Lots Nos.1 and 2 on the hereinafter mentioned Plan of Lots, at the point and place of
BEGINNING.
BEING Lot No.1 on the Fina16 Lot Subdivision Plan for Simon A. Lehman, Jr.,
which said Plan is recorded in the Office of the Recorder of Deeds of Cumberland
County, Pennsylvania, in Plan Book No. 64, Page 81.
BEING a part of the same premises which Paul C. Gibble and Helen E. Gibble,
his wife, by their deed dated January 11,1973 and recorded in the Cumberland County
Recorder's Office in Deed Book "Z", Volume 30, Page 30, granted and conveyed unto
Simon A. Lehman, Jr. and Betty G. Lehman, his wife, the Grantors herein.
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_ ...... _ .SIMUhT A. AlYD BETTY.G.-LE~IlYI~N
CHARITABLE REMAINDER TJNITRUST
THIS AGREEMENT is wade this 28~~ day of ~cen~~e r2t?04, between
SIlVIQN A. LEHMAN and BETTY C. LEYIMA:N residing at 233 Skyline Drive,
Mechanicsburg, Pennsylvania {hereinafter called the 'Donors") and THE MENNQNITE
FOUNDATION, INC., anot-far-profit corporation, located at 1110 North Main Street,
Goshen, Indiana (hereinafter called "Trustee").
1. The Donors hereby transfer and deliver to the Foundation, as Trustee, the
property described in the annexed SCHEDULE A, upaz< the following terms. This
property arid all receipts of every kind shall be managed and invested by the Trustee as a
single fund {Hereinafter called the "Unitrust'") without distinction between principal and
income.
2.(a) The Trustee shall pay annually in equal quarterly installments in each taxable
year of the Trust to the Donors for their lifetimes, a Unitnzst amount equal to the lesser of
{a) the trust income for such taxable year (as defined in Section 643(b) of the luternal
Revenue Cade of 1986 and the regulations thereunder) and (b) Six percent (~ %) of
the net fair market value of the trust assets valued as of the first day of such taxable years.
If 50% ar more of the initial f=ast assets qualify as °Unmarketable Assets" under Section
664 and applicable regulations, defined as assets that are not cases, cash equivalents or
assets that can be readily sold or exchanged for cash or cash equivalents {within the
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,,
meaning of Section 731(c)), then for all purposes ofthis Agreement unless otherwise
specif ed herein, the .unitrust amount shat] be an amount equal to the lesser of (a) the trust -
income for the respective taxable year (as defined in Section 643(b) of the lntemal
Revenue Code of 19$6 and the regulations thereunder) and (b) S+K percent ((, °/a)
multiplied by the net fair market value of the crust assets valued as of the first day of each
taxable year. However, the obligation of the Trustee to pay such unitrust amount shelf
terminate with the payment next preceding the death of the last surviving individual
recipient. The unitrust amount shall be paid from trust income, Any net income of the
uraitrust for auy taxable year in excess of the unitrust amount shall be added to corpus at
the end of such year, The above payout method shall be used until the end of the earliest
year in which occurs the sale of the unmarketable assets specified in SCHEDULE A to
the extent that, •immediately following such sale, the xemaining uzunaxketable assets total
50% or less of the total fair market value of all trust assets. As of January 1 immediately
_........_.following.such.sale,..ihere.shall then..be.a..change_of...payoutmethod_fram.the above... _.,..._...._._......._....._...__.... _ .... _.
income exception method to a Section b64(d){2) payout method as described below. Qn
that January Y or upon the trust creation if the value of unmarketable assets is less than
50% immediately after the initial contribu#ion, the unitrust amount shall thereafter for all
purposes of tlus agreement, be aza amount equal #o u i K percent ( (a %) of the net
fair market value of the tract assets valued as of the first day of each taxable year.
Unitrust amounts shall be paid in equal quarterly installments from income and, to the
extent that income is not sufficient, from principal, Any net income of the unitrust for
any taxable year in excess of the unitrust amount shall be added to fihe corpus at the end
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of such year.
... . .........2.,{b)_ If the net, fair market value. of.the.Trust assets is incorrectly. determined by the .
fiduciary for any taxable year, then within a reasonable period after the final
determination of the correct value, the Trust shall pay to the recipient (in the case of an
under-valuation} or be repaid by ttte recipient {in the case of an aver-valuation} an amount
equaE to the difference between the unitrust amount properly payable and th.e unitrust
`' amount actually paid.
2.{c) Iu determining the unitrust amount, the Trustee shall prorate the same, on a
• daily basis, for a short taxable year and for the taxable year of the death of the last
surviving individual recipient.
2.{d) No funount other than the amount a5 described above may be paid to or i`or the
use of any person other than an organization described in Section 170(0) of the Internal
Revenue Code of 1986.
No federal estate_taxes, sta#e.death taxes_ar any_ o#11er.estate,.death_or . __... .
inheritance taxes with respect to this trust shall be allocated to or be recoverable from the
trusf. The Donors impose an obligation on their estates to pay any death taxes from
sources other than this trust and agree to so provide in their wills or in another way. This
provision maybe enforced by the successor beneficiary, the trustee or the charitable
rernainderman, acting alone or together.
The Donors have provided for the payluent of any death taxes from sources
other than this trust. Nevertheless, if for any reason, the trust becomes liable for death
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tares on the Donors' deaths, the life interest of the successor beneficiary shall take effect
only. ifthe successor beneficiary furnishes the funds.far payment of any death taxes far ...
which the tract maybe liable. If the successor beneficiary fails to filrnish (hose funds, the
successar beneficiary shall be deemed to have predeceased the Donors for all purposes of
this agreement.
2.(e) Upon the death of the last surviving individual recipient, this agreement shall
r terminate and the then principal of the urlitrust, together with any accrued income, shall
be irrevocably transferred to The Mennonite Foundation, Iuc., Goshen, Indiana, an
organization described in Section 170{c) of the Internal Revenue Code of 1986; provided,
however, that if tl~e Foundation is not an organization described in each of Section
170{b}{1)(A), Section 170(c), Section 2055{a} and Section 2522(a) at the time when any
principal or income is #a be distributed to it, the Trustee shall distribute such principal or
income to one or more argani~ations then so described as the Trustee shall select in its
.._sole.,discretian.and.iR.aucJ~.shares..as.it.shall_determine _.........._
3. Except where otherwise provided herein, in determining which amounts are
income and principal during the life afthis unitrust, all such determinations shall be made
based upon governing Indiana state law in effect at the time this Trost is entered into, and
all later Indiana law amendatory thereof ar supplemental thereto except, however, where
such. state law is superseded by or contrary to provisions of the Internal Revenue Code of
t 986 or the Regulations thereunder, or correspauding provisions of any subsequent
Federal Tax Law or Regulations, dealing with Charitable Rernaiuder Unitrusts, in which
event the latter provisions shall control.
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4. In addition to the powers conferred upon the Trustee by taw, the Trustee is
authorized to continue the investment of the unitrust in the property described in
S CHEDLJi,E A, or may sell the property and invest and reinvest the unitrust in any kind
of property, without diversification as to kind or amount and without regard to the
limitations imposed by law on investments and is specifically permitted (by way of
example and not limitation) to invest in stacks of any class, bonds and debentures; shares
or interests in one or mare common investment funds (or "jointly managed" funds)
administered by the Trustee, and shares of regulated investment companies ("mutual
funds"). No restrictions on investing Set forth in this document shall in any way restrict
the Trustee from investing in trust assets in a manner wluch could result in the annual
realisation of a reasonable amount of income ox gain from the sale or disposition of trust
assets.
Notwithstandingany provision herein to the contrary, except for the payment
_... __ . _ _.......af_the..unitrust amountta..recipient,..the_Trustee..is..prnhibited..from.-engagmg.in any act of --- ___ ._ ___ _ . _
self-dealing as defiuod. in Section 4941(d) of the Internal Revenue Code of 1986, from
retaining any excess business holdings as defined in Section 4943(c) of the Code which
would subject the trust to tax under Section 4943 of the Code, from malting any
investments which would subject the trust to tax under Section 4944 of the Code, and
from making any taxable expenditures as defined in Section 4445(d) of the Code. The
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i .
Trustee shall make distributions at such time and in such manner as not to subject the
trust to tax under Section 4942 of the Code.
The Trustee shall administer this Trust in all respects to insure this Trust's
continued quaIi.f cation as a Charitable Remainder Unitrust, and shall make aII the
calculations, payments, accountings, and all other actions whatsoever consistent with the
Internal Revenue Code Statutes and Regulations governing such unitrusts to the end that
such status ofthis Trust is.continued.
S. Additional contributions may be made to this Charitable Remainder tlnitrust
after the initial contribution. If any additional contributions are made to the trust afer the
initial contribution in trust, the unitrust amount for the taxable year in which the assets are
added to the trust sha11 be S j}C percent { (o °lo) of the sum of {a) the net fair market
value of the trust assets {excluding the assets so added and any income from, or
appreciation an, such assets) and (b) that proportion of the value of the assets so added
_......... __ __...... tl~iat was e~ccluded..under..(a)..which,.the..number of.days in..tiie_period.whiah..begins._with the _ _ . .
date of contribution and ends with the earlier of the last day of the taxable year or the
death of the last surviving individual recipient bears to the number of days in the period
which begins on the first day of such taxable year and ends with the earlier of the last day
of such taxable year or the death of the last surviving individual recipient. In the case
where there is no valuation date after the time of contribution, the assets so added shall be
valued at the time of contribution.
It is expressly provided, with respect to any property which may be payable or
distributable to the trust hereunder from the estates of the Donors, that the obligation to
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1
pay the unitrust amount as to such property shall commence with the date of such Donors'
deaths, Payment of-such unitrust amount-maybe deferred from the date of such Donors'
deaths until the end of the taxable yeaz of the trust in which the complete funding of such
gift to this trust occurs. Within a reasonable tin;ae after the occurrence of said event, the
Trustee shall pay to the appropriate beneficiary or beneficiaries, in the case of an
underpayment, ar must receive from said beneficiary or beneficiaries, in the case of an
r overpayment, the dii~'erence between:
(a) Any amounts actually paid, plus interest, compounded annually,
computed far any period at the rate of interest that the federal income tax
regulations under Section 664 of the Internal Revenue Code prescribe far the
trust for such computation for such period; and
(b) The amounts payable, determined under the method described in Section
1.664-1(a)(5}(ii) of the federal income tax regulations, plus interest,
_ ......... .... _......................................._..._compounded-annually,..computed-for.any-periodat-the-rate of interest.that..the--.-..._...._.......... . .
federal income tax regulations under Section 664 of the Code prescribe for the
trust far such computation far such period,
Notwithstanding anything to the contrary, in computing any underpayments or
overpayments the percentage rate to be used is to be that specif ed in the Internal Revenue
Code, Treasury regulations or other Treasury or IItS pronouncements which then govern
the percentage rate to be used in makuag the corrective payments.
6. The Trustee shall be entitled to receive reasonable compensation from time to
time, for its services as Trustee.
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7. The Trustee, in respect of this Trust, shall be excused from performing any of
the duties imposed upon it and shall be_exempC from. all.liability for failure to perform any
of the duties imposed upon it by the terms of the Indiana Trust Code as adapted by the
1971 Indiana General Assembly, and all acts amendatory thereof and supplemental
there#o, unless from time to time duetted in writing so to comply by an adult beneficiary
then entitled to receive or enjoy the benefits of net income thereunder, or who, in the
discretion of the Trustee, would be entitled to receive the same.
The Trustee, however, shall keep and maintain accura#e and full books and
records of account and at least once in each calendar year shall render a full accounting to
each beneficiary then entitled or who, in the discretion of the Trustee, might be entitled to
receive and enjoy the benefits of net income under this Trust.
$. This agreement is irrevocable, and the Donors retain no power over this Trust,
expressed, implied, or otherwise, except as herein provided. The Donors specifically
reserye_the_pawer to terminate.the. Trust partiahy,.or_~ompletaly, at, any,tim~,.by_directing,. __. __ ..__
the Trustee to make distribution of all or a portion of the trust corpus to the charitable
beneficiary named in numbered paragraph 2.{e) above. If the Trustee, acting upon such
direction of the Donors, makes a distribution in ]dad upon a partial termination, the
adjusted basis far federal income talc purposes of the property distributed shall be fairly
representative of the adjusted basis for such purposes of all trust property available for
distribution on the date of distribution- It is the Donors' intention that this unitrust shall
qualify as a Charitable Remainder Unitrust under the applicable provisions of the Internal
Revenue Cade and regulations. However, in recognition of the fact that interpretation of
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Statutes and R.egulatians concerning Charitable Remainder Unitrusts-may be subject to
change, and far the sole purpose that this Trust may comply with the statutes and
regulations as a Charitable Remainder Unitrust, the Trustee shall have the power to
amend this Trust as deemed necessary by said Trustee upon advice of counsel or upon
request by the Internal Revenue Service for the sole purpose of preserving the status as a
Charitable Remainder Unitrust, providing, however, that no such amendment shall in any
' ~ way increase the interest of the Donor recipients herein nor decrease the interest of the
Charitable Remainder beneficiary, nor be far the beneficial use of a person other than an
organization described in Section 170(c} of the Internal Revenue Code of 1986.
Notwithstanding any other provisions of this trust, the Trustee is prohibited
from exercising ally power or discretion in such matvner as to cause this Unitnlst to fail to
qualify as a Charitabte Remainder Unitrust as defined in Section 664 of the Internal
Revenue Code.
_..9.:........Tlle.individualxecipients may remove any Trustee upon thirty (30} days
written notice to the Trustee. Such action must be taken with the unanimous consent of
aA competent individual recipients. Any replacement Tnlstee may not include, and nZUSt
be independent of, the donor and/or any individual recipient, and mustbe pernzissible
under federal and state requirements governing charitable remainder trusts.
I4. The references contained herein to the Internal. Revenue Cods, and
regulations, are to the Internal Revenue Code of 1986, as amended, and as may from time
to time hereafter amended, and to the Treasury Department Regulations, as amended, and
as maybe from time to time hereafter published and amended.
9
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r
11. This agreement is made pursuant to, and shelf be interpreted in accordance
with, the laws of the State of Indiana. However, in any conflict with Section 664 of the
Internal Revenue Coda of 1986, the regulations thereunder or any other existing or
hereafter promulgated legislative or Treasury requirements for the qualifications of the
trust and for the Donors obtaining the fiill benefit of any income, gift and estate tax
charitable deductions to which they (and their es#a#es) maybe entitled, Section 654 of the
Code, the regulations thereunder and the legislative and Treasury xequirement shall
govern.
IN WITAlESS WIdEREOF, the parties hereto have executed this agreement
the day and year first above written.
D01'~TORS: ~ ~
Simon A.. Lehman
~~
Betty G. ehman
TRUSTEE: - THE MENNONITE FOUNDATION, INC.
~ \~n~+`
ld
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SCHEDULE A
An undivided 80°l° interest in Lot 3B, Rich Valley Road and Skyline Aoad,
Mecbanicsburg, Pennsylvania.
11
TF: MF Client file - 10D1953 - CORRESPONDENCE
AVAILABLE
JANUARY
2010
The story of life as a
bi-vocational pastor.
The Autobiography of
Simon Arthur Lehman, Jr.
Pastor Si shares many personal stories plus over 250
pictures of his family and church life from his past 84 years
since birth. He has farmed and preached over 60 years.
~~ 4.95 plus $5.00 shipping & handling soft bound
There will also be a limited number of hard bound copies available.
Please direct all orders and make checks payable to: Simon A. Lehman, Jr.,
233 Skyline Drive, Mechanicsburg, PA 17050, si.lehman@verizon.net
All profits from the sale of his books will be equally shared between two church
institutions: The Brethren in Christ Foundation for "Equipping Leaders For
Tomorrow" and the "Mowersville Christian Academy."
LAST WILL AND TESTAMENT
I, SIMON A. LEHMAN, JR., of the Township of Silver Spring, County of Cumberland,
uid Commonwealth of Pennsylvania, being of sound and disposing mind, memory and
understanding, do make, publish and declare this as acid for my Last Will and Testament, hereby
revoking and nicking void all former wills and codicils by me at anytime heretofore made.
FIRST. I order and direct that all my just debts and funeral expenses be paid by my
Executrix or Executor, as the case maybe, hereinafter named, as soon as conveniently may be
3one after m}~ decease.
SECOND. I give, devise and bequeath all the rest, residue and remainder of my Estate,
real, personal and mixed, whatsoever acid wheresoever situated, unto my wife, namely, BETTY
G. LEHMAN, absolutely and in fee simple, if she survives me by as many as sixty (60) days.
TH1RD. If my wife, namely, BETTY G. LEHMAN, does not survive me by as many as
sixty (60) days, then and in that event, I order aild direct that my Estate be distributed and
disposed of in the following manner:
A. I give and devise my residential real estate known and numbered as 233
Skyline Drive in the Township of Silver Spring, Cuumberland County, Pennsylvania
(containin.g approximately 1.4 acres of land), unto my son and daughter-in-law, namely,
P. KENNETH LEHMAN and PHYLLIS JEAN LEHMAN, husband and wife, or the
survivor of them if either should predecease me, in fee simple.
B. I give, devise and bequeath all the rest, residue and remainder of zny Estate,
real, personal and mixed, whatsoever and wheresoever situated, in equal shares unto my
three (3) grandchildren, namely, TANDI RENAE LAFRANC, CURTIS GIBBLE
LEHIv1AN and TRACI LYN SI-IELDON, share and share alike, absolutely and in fee
simple.
If any of my said grandchildren should predecease me and not leave issue to
survive me, I order and direct that the foregoing share of my residuary estate attributable
to such deceased person shall lapse and abate and my residuary estate shall be distributed
unto those who survive ine.
If any of my said grandchildren should predecease me and leave issue to survive
me, I order and direct that the foregoing share of my residuary estate attributable to such
deceased beneficiary shall be distributed unto his or her issue perstirpes by representation
~~
and not per capita, subject, however, to the protective trust provisions in paragraph C
below with respect to any beneficiary who has not attained the age of twenty-four (24)
years at the time for distribution of my estate.
C. I order and direct that the share of any beneficiary who has not attained the
age of twenty-fotur (24) years at the time for distribution of my estate shall be paid over
and delivered unto the surviving parent of such beneficiary as my testamentary trustee,
IN TRUST, NEVERTHELESS, to hold, manage, invest, accumulate income and reinvest
until the beneficiary attains the age of twenty-four (24) years, upon which event the trust
shall be terminated and the then remaining net balance thereof shall be paid over to
the beneficiary, absolutely. During the existence of any such trust, I authorize and
empower my said trustee in the sole exercise of his ox her discretion tc; use, consume,
expend and apply from tinge to time such amounts of income and principal as he or she
shall deem to be necessary and reasonable for the beneficiary's education. The term
"education" shall be interpreted and construed to mean college or other post-highschool
training which is intended to increase the beneficiary's productivity as an adult or
e~illance the quality of his or her life. In considering what is necessary and reasonable, my
said Trustee shall take into consideration the primary responsibility of the beneficiary's
surviving parent to provide such education. It is my will and intention that the foregoing
discretionary provision for education shall be supplementary to the parent's primary
responsibility.
LASTLY. I nominate, constitute and appoint my wife, namely, BETTY G: LEHMAN, to
be the Executrix of this, my Last Will and Testament, but if for any reason she should fail to
LAW OFFICES
pSNELBAKER 8C _
9RENNEMAN, P.C. -~
qualify as such Executrix, or cease so to serve, then and in that event, I nominate, constitute and
appoint my son, namely, P. KENNETH LEHMAN, to be the Executor hereof. If both of the
above named persons should fail to qualify as such personal representative or cease so to serve,
:hen and in such ultimate event, I nominate, constitute and appoint my grandson, namely,
CURTIS GIBBLE LEHIv1AN, to be the Executor of this my Last Will and Testament.
1 order and direct that none of the above named persons shall be required to post bond or
other security as a condition of qualification as my personal representative.
IN WITNESS WHEREOF, I, SIMON A. LEHMAN, JR., have hereunto set my hand and
peal to this my Last Will and Testament, which consists of thxee (3j typewritten pages to each of
which I have affixed my signature this First (lst) day of July, Two Thousand Eight (2Q08).
~~ (SEAL)
SIMON A. LEH , J .
The preceding instrument, consisting of this and two (2) other typewritten page, each
identified by the signature of the Testator, was on the date thereof signed, sealed, published and
declared by SIMON A. LEHMAN, JR., the Testator therein named, as and for his Last Will and
Testament, in the presence of us, who, at his request, in his presence and in the presence of each
other, have subscribed our names as witnesses hereto.
~~--
LAW OFFICES
SNELBAKER EC
HRENNEMAN, P.C,
-3-
CO1ViMONWEALTH OF PENNSYLVANIA)
COt1NTY OF CUMBERLAND
SS.
We, SIMON A. LEHMAN, JR., RICHARD C. SNELBAKER and SANE J. GOONEY,
the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing
instrument, being first duly swoni, do hereby declare to the undersigned authority that the
Testator signed and executed the instrument as his Last Will and Testament and that he had
signed willingly, acid that he executed it as his free and voluntary act for the purposes therein
expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the
Will as a witness and that to the best of his or her knowledge, the Testator was at that time
eighteen years of age or older, of sound mind and under no constraint or undue influence.
Testator
i Hess
fitness
Subscribed, sworn to and acknowledged before me by SIMON A. LEHMAN, JR., the
LAW OFFICES
SNELBAKER 8c
BRENNEMAN, P.C.
`testator, and subscribed and sworn to before me by RICHARD C. SNELBAKER and JANE J.
GOONEY, the witnesses, this First (Ist) day of July, 2008.
J r
otary Public
CflM1~9ta~lWEAI.'fM QF PENi`1SYlVANIti
Notarial Seri
Susan L Matraal, Notary Pubpa
Mecftanicsbur~ Barn, Cumbadand County
My Commisslan Bxpfrss Nav. ~a, Zt111
Member, Pennsyivartia Assaelatian of Notaries