HomeMy WebLinkAbout03-0011PETITION FOR PROBATE & GRANT OF LETTERS
Estate of ARTHUR S. KECK
also known as
Social Secudty No.
174-05-2917
, deceased.
No. 21-03- Il
To: Register of Wills for the
County of Cumberland
Commonwealth of Pennsylvania
The Petition of the undersigned respectfully represents that:
Your Petitioners, who is 18 years of age or older and the Executor named in the Last Will of the above
decedent dated November 24, 1998 , and codicils dated none . The Executor named none
~ died Renunciations for none attached hereto.
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or principal
residence at 45 Bobcat Road, Lower Frankford Township, Carlisle
Decedent, then 88 years of age, died
Health Center, Carlisle, PA
December 20 ,2002, at Forest Park
Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted
after execution of the Will offered for probate; was not the victim of a killing and was never adjudicated
incompetent:
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property
(If not domiciled in PA) Personal property in PA
(If not domiciled in PA) Personal property in County
Value of real estate in Pennsylvania, situated as follows:
45 Bobcat Road, Lower Frankford Township, Carlisle, Cumberland County
$8,000.00
$.
$
$175,000.00
WHEREFORE, Petitioners respectfully requests the probate of the Last Will and Codicil(s) presented
herewith and the grant of letters testamentary thereon.
Signature(s) and Residence(s) of Petitioner(s):
Ronald L. Keck ir~correctl~ referred to as Ronala E. Keck '
205 Race Street
Boiling Springs, PA 17007
717-258-6266
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA ·
COUNTY OF CUMBERLAND ·
SS
The Petitioner(s) above named swear(s) or afffirm(s) that the statements in the foregoing petition are
true and correct to the best of the knowledge and belief of Petitioner(s) and that as personal representative of
the above decedent, petitioner(s) will well and truly administer the estate according to law.
Sworn to or affirmed and subscribed
me this 7th day of ~'~.~-.~' ~ ,~.'~t~_~- ~~_m ~ ~_.~'
before
January, 2003. Ronald L. Keck/Ronald E. Keck
/'?-//'3-/
No. 21-03-zz
Estate of ARTHUR S. KECK
· deceased.
DECREE OF PROBATE & GRANT OF LETTERS
AND NOW, January 7 l-h ,2003, in consideration of the Petition on the reverse
side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated
November 24, 1998 described therein be admitted to probate and filed of record as
the Last Will of Arthur S. Keck ; and Letters Testamentary are hereby granted to Ronald L.
Keck, incorrectly referred to as Ronald E. Keck
FEES
Probate, Letters, Etc ........ $ 235.00
Short Certificates(-2- ) .... $ 6.00
Renunciation(s) ........... $
JCP .................... $10.00
Other Will pages (-2-) .... $ 6.00
TOTAL: .... $ 257.00
Filed. Jan,~..7. th, 2003 ..........
Donna M. Otto, lst' Register of Wills DEputy
J,i~J~l Mctg'~HL~HES
/ A~ORNEY (~Ct. I.D. No.)
60 West Pomfret St., Carlisle, PA 17013
ADDRESS
717-249-2353
PHONE
Called Attorney on January 7th,2003.
his is to certi~' that the information here given is correctly copied fi'om an original certificate o[ death dui': f'ilcd with mc as
Local Registrar. Thc original certificate will be. forwarded to the State Vital Records Ofllce f'or permanent 6ling.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $2.00
P 8869779
No.
Local Registrar
_nEt_. o 2OO2 _
Date
NAME OF DECEDENT
COMMONWEALTH OF PENNSYLVANIA ° DEPARTMENT OF HEALTH ° VITAL RECORDS
CERTIFICATE OF DEATH
",~,~ \(,,.Lc__Y,-- '. '. 174 -- 05 .--2917
-' , : [ t I~ - ~ / ~7.~ Co ~A /~ I~
I
-.. ~er&~rator I-...Shoe Re, ir Aho~ ~ I~. ~ I o...s.~ / .. · -
45 ~t Rd I.~s,~ ' ~ ' ' '
,,. ~rlisle, PA 17013 ~ ~rland ~' ~ ~.~
~l"'~a,ii;t-~ - ITo~--i~--.~ .. - - 12~. zz=N. Hanover st., ~rli~le,
,33.
21-2003-11
LAST WILL AND TESTAMENT
I ARTHUR S. KECK, of Lower Frankford
Pennsylvania, declare this instrument to be my Last Will
revoking all Wills and Codicils heretofore made by me.
Township, Cumberland County,
and Testament, hereby expressly
ONE: I direct my Executor to pay all of my debts, funeral and administrative expenses
as soon as may be done conveniently after my decease.
TWO: I give, devise, and bequeath all of my estate of every nature and wherever situate,
I give, devise, and bequeath to my son, RONALD E. KECK.
THREE: I appoint RONALD E. KECK, to serve as Executor of this my Last Will.
FOUR: My Executor may, at his discretion, compromise claims, borrow money, retain
property for such length of time as he may deem proper; lease and sell property for such prices,
on such terms, at public or private sales, as he may deem proper; and invest estate property and
income without restriction to legal investments.
FIVE: No Executor, acting hereunder
bond or enter security in this or any jurisdiction.
shall be required to post
IN WITNESS WHEREOF, I have hereunto set my hand and seal this~ day of
November, 1998.
ARTHUR S. KECK
Signed, sealed, published and declared by ARTHUR S. KECK, the above named
Testator, as and for his Last Will and Testament, in the presence of us, who, at his request and in
his presence and in the presence of each other have subscribed our names as witnesses hereto.
ACKNOWLEDGMENT AND AFFIDAVIT
WE, ARTHUR S. KECK, CHERYL L. CLELAND and SHARON L. SCHWALM,
the testator and witnesses respectively, whose names are signed to the foregoing instrument,
being first duly sworn, do hereby declare to the undersigned authority that the testator signed and
executed the instrument as his last will and that he had signed willingly, and that he executed it
as his free and voluntary act for the purpose herein exl:ressed, 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 their
knowledge the testator was, at that time, eighteen years of age or older, of sound mind and under
no constraint or undue influence.
ARTHUR . KECK
'CH}~iY-L'L. CLELAND '
~ SHARO~L. ~CHWALM
COMMONWEALTH OF PENNSYLVANIA :
: SS:
COUNTY OF CUMBERLAND :
Subscribed, sworn to and acknowledged before me by ARTHUR S. KECK, the testator
herein, and subscribed and swor~,}o before me by CHERYL L. CLELAND and SHARON L.
SCHWALM, witnesses, this,,,~/Y/'~lay of November, 1998.
Notarial Seal
Martha L. Noel, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires Sept. 18. 1{}99
Member, Pennsylvania Ass06iation of Notaries
Notary Public
LAW OFFICES
iRWIN, MCKNIGHT & HUGHES
WEST POMFRET PROFESSIONAL BUILDING
60 WEST POMFRET STREET
CARLISLE, PENNSYLVANIA 17013-3222
( 717 ) 249-2353
F:\FILES\DATAF1LE\ESTATES\ 10604-3. family exempt
ESTATE OF ARTHUR S. KECK,
DECEASED
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 2003-0011
CLAIM FOR FAMILY EXEMPTION FROM REAL ESTATE
TO THE EXECUTOR OF THE WILL OF ARTHUR S. KECK, Deceased:
I, Pauline E. Keck, am the surviving widow of Arthur S. Keck, deceased, and I hereby claim
the Family Exemption of $3,500 pursuant to 20 Pa.C.S. §§ 3121 & 3123, and I request that it be
paid by distribution to me of real estate located at 45 Bobcat Road, Lower Frankford Township,
Carlisle, Cumberland County, Pennsylvania, as more particularly described according to Exhibit
"A," attached hereto and incorporated herein by reference.
Date: ~/.~ //d9 '~
Pauline E. Keck, Claimant
VERIFICATION
I verify that the statements contained herein are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn
falsification to authorities.
Pauline E. Keck
F:kFILES\DATAFILE\ESTATES\10604-3.deed
Exhibit "A"
All those two certain tracts of land situate in Lower Frankford Township, Cumberland County,
Pennsylvania, bounded and described as follows, to wit:
TRACT NO. 1. BEGINNING at a stone at the public road; thence by lands now of formerly
of the widow Barrick, North 4 ~ degrees East 50 perches to a hickory; thence North 11½ degrees
East 19.2 perches to a post; thence by lands now or formerly of John Donner, South 87 degrees East
44 perches to a post; thence by lands now of formerly of Richard Walker, South 4 degrees West 20
perches to a chestnut; thence by lands now or formerly of Daniel Green, South 24V4 degrees West
54 perches to a white oak; thence by the public road, North 4¼ degrees West 27 perches to the place
of BEGINNING.
CONTAINING seventeen acres and six perches.
TRACT NO. 2. BEGINNING at a stone pile comer of lands now or formerly of Jacob Nickey;
thence by same, South 87 degrees East 43½ perches to a post; thence by lands now or formerly of
Richard Walker, South 4½ degrees West 15 perches to a stone; thence by lands now or formerly of
Lydia E. Walker, deceased, North 87 degrees West 44 perches to a post; thence by lands of__,North
12 degrees East 15 ½ perches to the place of BEGINNING.
CONTAINING four acres and seventeen perches.
BEING Tract Numbers 2 and 3 of those three certain tracts of land which Randolph Anthony,
et al., by their deed dated May 4, 1957 and recorded in the office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania, in Deed Book "W", Volume 17, Page 52, granted and
conveyed unto Arthur S. Keck, decedent.
F \FILES\DATAFILE\ESTATES\10604-3 elect.will
ESTATE OF ARTHUR S. KECK,
DECEASED
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: ORPHANS' COURT DIVISION
: NO. 2003-011
ELECTION TO TAKE AGAINST Wll,l, AND CONVEYANCES
TO THE EXECUTOR OF THE WILL OF ARTHUR S. KECK, Deceased:
I, Pauline E. Keck, am the surviving widow of Arthur S. Keck, deceased, and I hereby
elect to take an elective share from my husband's estate pursuant to 20 Pa.C.S. § 2203.
Date:
Pauline E. Keck
VERIFICATION
I verify that the statements contained herein are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn
falsification to authorities.
Pauline E. Keck
IAR 0 4 2003
ESTATE OF ARTHUR S. KECK,
DECEASED
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: ORPHANS' COURT DWISION
· NO. 2003-0011
__ ~ ORDER OF COURT
AND NOW, this day of ,2003, upon consideration of the within
of~h~
EJtate
petition, Ronald L. Keck, Executor is hereby ordered to file Objections to the Petition,
if any he may have, within twenty days of service. Notice shall be served by regular mail upon
counsel for the estate. Ronald L. Keck is ordered to refrain from interfering with Petitioner's
exclusive possession of the real estate at 45 Bobcat Road, Carlisle, Pennsylvania, pending heating
on the Petition.
Heating on the Petition shall be held on ~]~Ft~ , ~ , c,Q'~, 2003,
at 7;30o'clock ~.m. in Courtroom Number ,fl., Cumberland Co(nty Courthouse, Carlisle,
Pennsylvania.
By the Court:
IN RE:
ESTATE OF ARTHUR S. KECK,
DECEASED
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: ORPHANS' COURT DIVISION
: NO. 21-03-011
NOTICE
TO RONALD L. KECK, EXECUTOR:
You are hereby notified to file Objections to the enclosed Petition within twenty (20) days
from service hereof or the relief requested therein may be entered against you.
MARTSON DEARDORFF WILLIAMS & OTTO
Date: March 3, 2003
Edward L. Schorpp, ~squire
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Petitioner
F:~ILES~DATAFILE~STATES\ 10604-3 .restrain.order
IN RE: : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE OF ARTHUR S. KECK, :
DECEASED : ORPHANS' COURT DWISION
· NO. 21-03-011
PETITION FOR RESTRAINING ORDER AND
['OR POSSESSION OF REAL ESTATE
TO THE HONORABLE, THE JUDGES OF THE SAD COURT:
1. Your petitioner is Pauline E. Keck, widow of the decedent, Arthur S. Keck.
2. Petitioner has heretofore filed her election to take against the will probated in the
estate; a copy of said election is attached hereto as Exhibit "A" and incorporated herein by
reference.
3. Petitioner has heretofore filed her claim for the family exemption to be satisfied out
of specific real estate of the decedent; a copy of said claim is attached hereto as exhibit "B" and
incorporated herein by reference.
4. The statutory procedure for the award of specific real estate in satisfaction of the
family exemption is set forth in the Pennsylvania Probate, Estates and Fiduciaries Code, 20 Pa.
C.S. § 3121, et seq.; said procedure provides, inter alia, for appraisement of the real estate, a
determination whether such real estate can be apportioned and allows the claimant a six month
period following appraisement in which she may decide whether to take the real estate at the
appraisement or to make payment to the estate for the difference between her exemption and the
value of real estate set aside.
5. Section 2211 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 2211 (d)
provides that the Court may, on petition of a surviving spouse and after hearing, restrain any person
from making a payment or transfer of property, and may make such other orders as the Court deems
appropriate under the circumstances.
6. Petitioner currently resides in the residence claimed and has resided there for a
period in excess of forty (40) years; petitioner and decedent built said residence and resided there
jointly since the early 1960's.
7. At the time of acquisition, Decedent caused the deed to the real estate which is the
subject °fthis petition to be titled separately in his name and it remained so titled through the date
of his death.
8. Under the provisions of his will, decedent made no specific devise of the residence,
but devised his entire residuary estate to his oldest son, Ronald L. Keck, and named him as sole
Executor of his estate.
9. During his lifetime, decedent caused all marital assets acquired during the marriage
to be titled separately in his sole name to the exclusion of Petitioner.
10. An award of possession of the residence to petitioner will avoid injustice during the
period in which petitioner's claims against the Estate and her claims to ownership of estate assets
are determined.
Wherefore, petitioner prays Your Honorable Court to enter an Order awarding exclusive
possession of the residence, and surrounding curtilage, situate at 45 Bobcat Road, Lower Frankford
Township, Carlisle, Cumberland County, Pennsylvania, to petitioner, restraining decedent's Executor
from interfering with petitioner's peaceful enjoyment of the same and restraining the Executor from
transferring or attempting to transfer any ownership interest in the real estate pending further Order
of Court.
MARTSON DEARDORFF WILLIAMS & OTTO
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorney for the Petitioner
Date: ,~--..~
VERIFICATION
I verify that the statements contained herein are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn
falsification to authorities.
P/reline ]E. Keck-
F ~FILES\DATAFILE\ESTATES\I0604-3 elect will
ESTATE OF ARTHUR S. KECK,
DECEASED
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 2003-011
ELECTION TO TAKE AGAINST WILL AND CONVEYANCES
TO THE EXECUTOR OF THE WILL OF ARTHUR S. KECK, Deceased:
I, Pauline E. Keck, am the surviving widow of Arthur S. Keck, deceased, and I hereby
elect to take an elective share from my husband's estate pursuant to 20 Pa.C.S. § 2203.
Date:
Pauline E. Keck
VERIFICATION
I verify that the statements contained herein are true and correct. I understand that false
statements herein are made subject to the penalties of 18 P a.C.S.A. § 4904, relating to unswom
falsification to authorities.
Pauline E. Keck
F:\FILES\DATAFILE\ESTATES\ 106(14-3 family exempt
ESTATE OF ARTHUR S. KECK,
DECEASED
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 2003-0011
CLAIM FOR FAMILY EXEMPTION FROM REAL ESTATE
TO THE EXECUTOR OF THE WILL OF ARTHUR S. KECK, Deceased:
I, Pauline E. Keck, am the surviving widow of Arthur S. Keck, deceased, and I hereby claim
the Family Exemption of $3,500 pursuant to 20 Pa.C.S. §§ 3121 & 3123, and I request that it be
paid by distribution to me of real estate located at 45 Bobcat Road, Lower Frankford Township,
Carlisle, Cumberland County, Pennsylvania, as more particularly described according to Exhibit
"A," attached hereto and incorporated herein by reference.
Date: 3/.~/69 '~
Pauline E. Keck, Cla~imant
VERIFICATION
I verify that the statements contained herein are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn
falsification to authorities.
Pauline E. Keck
F:\FILES\DATAFI LE\ESTATES\ 1060a-3.deed
Exhibit "A"
All those two certain tracts of land situate in Lower Frankford Township, Cumberland County,
Pennsylvania, bounded and described as follows, to wit:
TRACT NO. 1. BEGINNING at a stone at the public road; thence by lands now of formerly
of the widow Barrick, North 4 3/4 degrees East 50 perches to a hickory; thence North 11 ~/2 degrees
East 19.2 perches to a post; thence by lands now or formerly of John Donner, South 87 degrees East
44 perches to a post; thence by lands now of formerly of Richard Walker, South 4 degrees West 20
perches to a chestnut; thence by lands now or formerly of Daniel Green, South 243/4 degrees West
54 perches to a white oak; thence by the public road, North 4¼ degrees West 27 perches to the place
of BEGINNING.
CONTAINING seventeen acres and six perches.
TRACT NO. 2. BEGINNING at a stone pile comer of lands now or formerly of Jacob Nickey;
thence by same, South 87 degrees East 43'/2 perches to a post; thence by lands now or formerly of
Richard Walker, South 4V2 degrees West 15 perches to a stone; thence by lands now or formerly of
Lydia E. Walker, deceased, North 87 degrees West 44 perches to a post; thence by lands of__,North
12 degrees East 15 V2 perches to the place of BEGINNING.
CONTAINING four acres and seventeen perches.
BEING Tract Numbers 2 and 3 of those three certain tracts of land which Randolph Anthony,
et al., by their deed dated May 4, 1957 and recorded in the office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania, in Deed Book "W", Volume 17, Page 52, granted and
conveyed unto Arthur S. Keck, decedent.
CERTIFICATE OF SERVICE
I, Victoria L. Otto, an authorized agent ofMartson DeardorffWilliams & Otto, hereby certify
that a copy of the foregoing Petition was served this date by depositing same in the Post Office at
Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Marcus A. McKnight, Esquire
Irwin McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
MARTSON DEARDORFF WILLIAMS & OTTO
By
Victoria L. Otto
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
0 4 ZOO3
ESTATE OF ARTHUR S. KECK,
DECEASED
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DWISION
NO. 2003-0011
~ ORDER OF GOURT
AND NOV~, thi, s t0___~day of Ai~~(AA , ,.~_ , _12___ ~ ~!____,, ~003, upon consideration of the within
petition,]~p~k~~and~, are appointed to appraise the real
property claimed by Pauline E. Keck, widow of Arthur S. Keck, deceased, as her family exemption.
The appraisers are further directed to inquire as to the division of said real estate so as to apportion
a tract containing the residence and surrounding curtilage to petitioner without causing prejudice to
or spoiling the value of the remaining unimproved land.
Copies of the Petition, together with Notice, to include a direction to file any Objections to
the Petition within twenty days of service, shall be served by regular mail on the Executor and sole
devisee, Ronald L. Keck, and to counsel of record, Marcus A. McKnight, III, Esquire.
By the Court:
IN RE:
ESTATE OF ARTHUR S. KECK,
DECEASED
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DWISION
NO. 21~03-011
NOTICE
TO RONALD L. KECK, EXECUTOR:
You are hereby notified to file Objections to the enclosed Petition within twenty (20) days
from service hereof or the relief requested therein may be entered against you.
MARTSON DEARDORFF WILLIAMS & OTTO
Date: March 3, 2003
Edward L. Schorpp, Esquire
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Petitioner
F:\FILES\DATAF1LE\ESTATES\ 10604-3 .petition.exempt
ESTATE OF ARTHUR S. KECK,
DECEASED
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 2003-0011
PETITION FOR FAMILY EXEMPTION CLAIMED FROM REAL ESTATE
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
The petition of Pauline E. Keck respectfully represents that:
1. Petitioner is the widow of Arthur S. Keck, decedent, who died on December 20, 2002,
a resident of Lower Frankford Township, Carlisle, Cumberland County, Pennsylvania.
2. At the time of death, decedent and petitioner were married and the petitioner was a
member of the decedent's household.
3. Decedent left a will dated November 24, 1998, duly probated in the office of the
Register of Wills of Cumberland County, Pennsylvania, in Will Book 17-113-1, a copy of which is
attached as Exhibit "A".
4. On January 7, 2003, Letters Testamentary were granted to decedent's son, Ronald L.
Keck, by the Register of Wills.
5. Petitioner claims the following real estate of the decedent as her exemption under 20
Pa. C.S. § 3121, et seq.; the real estate consists of the residence in which your petitioner and the
decedent resided, being all that certain twenty-one acre, more or less, parcel situate in Lower
Frankford Township, Cumberland County, Pennsylvania, being improved with a dwelling house
known as 45 Bobcat Road, and being more fully described according to Exhibit "B" attached hereto.
6. Allowance of the Claim prior to the audit or confirmation of the account is requested.
Your petitioner and the decedent were married on October 23, 1933, in Carlisle,
Pennsylvania.
8.
9.
10.
The value of the real estate is not known to your petitioner.
Decedent's will devises his entire estate to his son, Ronald L. Keck, the Executor.
Your petitioner believes that, in the event the value of the real estate of the decedent
as claimed herein exceeds the allowable exemption, such real estate is capable of being divided so
as to set apart the amount claimed without prejudice to or spoiling the whole or any parcel of it.
11. In the alternative, your petitioner believes that the value of all of her claims against
the estate will offset the value of the real estate claimed.
Wherefore, petitioner requests Your Honorable Court to appoint two appraisers to value the
real property claimed by petitioner as her family exemption under 20 Pa.C.S. § 3123, and, in the
event the value of the whole parcel, as so appraised, exceeds the allowable exemption, to direct the
appraisers to inquire as to whether or not such real estate may be divided and allocated without
prejudice to or spoiling of the whole parcel.
MARTSON DEARDORFF WILLIAMS & OTTO
Edward L.
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorney for the Petitioner
VERIFICATION
I verify that the statements contained herein are tree and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unswom
falsification to authorities.
Pauline E. Keck
LAST WILL AND TESTAMENT
I ARTHUR S. KECK, of Lower Frankford
Pennsylvania, declare this instrument to be my Last Will
revoking all Wills and Codicils heretofore made by me.
Township, Cumberland County,
and Testament, hereby expressly
ONE: I direct my Executor to pay all of my debts, funeral and administrative expenses
as soon as may be done conveniently after my decease.
TWO: I give, devise, and bequeath all of my estate of every nature and wherever situate,
I give, devise, and bequeath to my son, RONALD E. KECK.
THREE: I appoint RONALD E. KECK, to serve as Executor of this my Last Will.
FOUR: My Executor may, at his discretion, compromise claims, borrow money, retain
property for such length of time as he may deem proper; lease and sell property for such prices,
on such terms, at public or private sales, as he may deem proper; and invest estate property and
income without restriction to legal investments.
Exhibit "A"
FIVE: No Executor, acting hereunder shall
bond or enter security in this or any jurisdiction.
be required to post
IN WITNESS WHEREOF, I have hereunto set my hand and seal this~q day of
November, 1998.
__~(SEAL)
ARTHUR S. KECK
Signed, sealed, published and declared by ARTHUR S. KECK, the above named
Testator, as and for his Last Will and Testament, in the presence of us, who, at his request and in
his presence and in the presence of each other have subscribed our names as wimesses hereto.
ACKNOWLEDGMENT AND AFFIDAVIT
WE, ARTHUR S. KECK, CHERYL L. CLELAND and SHARON L. SCHWALM,
the testator and witnesses respectively, whose names are signed to the foregoing instrument,
being first duly sworn, do hereby declare to the undersigned authority that the testator signed and
executed the instrument as his last will and that he had signed willingly, and that he executed it
as his free and voluntary act for the purpose herein 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 their
knowledge the testator was, at that time, eighteen years of age or older, of sound mind and under
no constraint or undue influence.
CH]~Y~L L. CLELAND '
SHARON L. SCHWALM
COMMONWEALTH OF PENNSYLVANIA :
: SS:
COUNTY OF CUMBERLAND :
Subscribed, sworn to and acknowledged before me by ARTHUR S. KECK, the testator
herein, and subscribed and swo.m, uJ~_before me by CHERYL L. CLELAND and SHARON L.
SCHWALM, witnesses, this~tr' 'day of November, 1998.
Notarial Seal
Martha L. Noel, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires Sept. 18, 1999
Member, Pennsylvania ASs0Cfatior~ of Notaries
· ~,.-' ~ l~lot-a~3' Public
F:~ILES~DATAFILE\ESTATES\ 10604-3 ,deed
Exhibit "B"
All those two certain tracts of land situate in Lower Frankford Township, Cumberland County,
Pennsylvania, bounded and described as follows, to wit:
TRACT NO. 1. BEGINNING at a stone at the public road; thence by lands now of formerly
of the widow Barrick, North 4 3/4 degrees East 50 perches to a hickory; thence North 11½ degrees
East 19.2 perches to a post; thence by lands now or formerly of John Donner, South 87 degrees East
44 perches to a post; thence by lands now of formerly of Richard Walker, South 4 degrees West 20
perches to a chestnut; thence by lands now or formerly of Daniel Green, South 243/4 degrees West
54 perches to a white oak; thence by the public road, North 4¼ degrees West 27 perches to the place
of BEGINNING.
CONTAINING seventeen acres and six perches.
TRACT NO. 2. BEGINNING at a stone pile comer of lands now or formerly of Jacob Nickey;
thence by same, South 87 degrees East 43½ perches to a post; thence by lands now or formerly of
Richard Walker, South 4½ degrees West 15 perches to a stone; thence by lands now or formerly of
Lydia E. Walker, deceased, North 87 degrees West 44 perches to a post; thence by lands of__,North
12 degrees East 15½ perches to the place of BEGINNING.
CONTAINING four acres and seventeen perches.
BEING Tract Numbers 2 and 3 of those three certain tracts of land which Randolph Anthony,
et al., by their deed dated May 4, 1957 and recorded in the office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania, in Deed Book "W", Volume 17, Page 52, granted and
conveyed unto Arthur S. Keck, decedent.
CERTIFICATE OF SERVICE
I, Victoria L. Otto, an authorized agent ofMartson DeardorffWilliams & Otto, hereby certify
that a copy of the foregoing Petition was served this date by depositing same in the Post Office at
Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Marcus A. McKnight, Esquire
Irwin McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
MARTSON DEARDORFF WILLIAMS & OTTO
Victoria L. Otto
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated:
F \FILES\DATAFI LE\ESTAT ES\ 10604-3. affidavit o f service
IN RE:
ESTATE OF ARTHUR S. KECK,
DECEASED
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: ORPHANS' COURT DIVISION
: NO. 2003-0011
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
'SS.
COUNTY OF CUMBERLAND )
I, Corrine L. Myers, an authorized agent ofMartson DeardorffWilliams & Otto, being duly
sworn according to law, depose and say that tree copies of the PETITION FOR RESTRAINING
ORDER AND FOR POSSESSION OF REAL ESTATE and PETITION FOR FAMILY
EXEMPTION CLAIMED FROM REAL ESTATE were served this date on the following by
depositing same in the U.S. Mail at Carlisle, PA, first class mail, postage prepaid, addressed as
follows:
Mr. Ronald L. Keck
205 Race Street
Boiling Springs, PA 17007
Marcus A. McKnight, Esquire
IRWIN MCKNIGHT & HUGHES
60 West Pomfret Street
Carlisle, PA 17013
MARTSON DEARDORFF WILLIAMS & OTTO
CorneL. Myer~"J
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Sworn to and subscribed before me this
10th day of March, 2003.
Notary Public
NOTARI,M. SEAL
VICTORIA L. OTTO, NOTARY PUBLIC
CARLISLE BORO., CUMBERLAND COUNTY
MY COMMISSION EXPfRES DEC, 2, 2006
IN RE:
ESTATE OF ARTHUR S. KECK
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2003 - 0011
: ORPHAN'S COURT DIVISION
ANSWER TO PETITION FOR FAMILY EXEMPTION
CLAIMED FROM REAL ESTATE
AND NOW, this 10th day of April 2003, comes the Respondent, Ronald L. Keck, by his
attorneys, Irwin, McKnight & Hughes, and makes the following Answer to the Petition for
Family Exemption Claimed from Real Estate:
The averments of fact contained in paragraph one (1) of the Petition are admitted.
The averments of fact contained in paragraph two (2) of the Petition are admitted.
The averments of fact contained in paragraph three (3) of the Petition are admitted.
The averments of fact contained in paragraph four (4) of the Petition are denied.
The payment of the family exemption does not require this procedure. The Petition is seeking to
delay the sale of the property.
WHEREFORE, the Respondent, Ronald L. Keck, requests Your Honorable Court enter
an Order dismissing the Petition of the Petitioner with prejudice.
Respectfully submitted,
I_~T & HUGItES
By: Marcus ~. M~Esquire
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Date: April 10, 2003
The averments of fact contained in paragraph five (5) of the Petition are conclusions of
law to which an Answer is not required.
The averments of fact contained in paragraph six (6) of the Petition are specifically
denied. On the contrary, the house was built by the late Arthur S. Keck. The parties separated
and the Petition
The averments of fact contained in paragraph seven (7) of the Petition are admitted.
The averments of fact contained in paragraph eight (8) of the Petition are admitted.
o
The averments of fact contained in paragraph nine (9) of the Petition are admitted.
10.
The averments of fact contained in paragraph ten (10) of the Petition are specifically
denied. On the contrary, the Petitioner has repeatedly refused to cooperate with the executor and
she has removed estate personal property from the property. She has refused to cooperate with
the executor of the estate.
2
VERIFICATION
The foregoing document is based upon information which has been gathered by counsel
and myself in the preparation of this action. I have head the statements made in this document
and they are true and correct to the best of my knowledge, information and belief. I understand
that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904,
relating to unsworn falsification to authorities.
RONALD L. KECK
Date: /tPRII. 10, 2003
IN RE:
ESTATE OF ARTHUR S. KECK
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 2003 - 0011
: ORPHAN'S COURT DIVISION
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Answer to
Petition was served upon the following by depositing a tree and correct copy of the same in the
United States mail, First Class, postage prepaid in Carlisle, Pennsylvania,
on the date referenced below and addressed as follows:
Edward L. Schorpp, Esquire
10 East High Street
Carlisle, PA 17013
Date: April 10, 2003
IRWIN, Mc~~T & HUGHES
B y~~~~~t ~sq uire
Carlisle, PA 17013
(717) 249-2353
Supreme Court I.D. No. 25476
4
IN RE:
ESTATE OF ARTHUR S. KECK
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2003 - 0011
: ORPHAN'S COURT DIVISION
ANSWER TO PETITION FOR RESTRAINING ORDER AND
FOR POSSESSION OF REAL ESTATE
AND NOW, this 10th day of April 2003, comes the Respondent, Ronald L. Keck, by his
attorneys, Irwin, McKnight & Hughes, and makes the following Answer to the Petition for
Restraining Order and for Possession of Real Estate:
The averments of fact contained in paragraph one (1) of the Petition are admitted.
The averments of fact contained in paragraph two (2) of the Petition are admitted.
The averments of fact contained in paragraph three (3) of the Petition are admitted.
The averments of fact contained in paragraph four (4) of the Petition are admitted.
The averments of fact contained in paragraph five (5) of the Petition are denied. The
family exemption of Three Thousand Five Hundred and no/100 ($3,500.00) Dollars is able to be
paid without division of the real estate.
6.
The averments of fact contained in paragraph six (6) of the Petition are admitted.
The averments of fact contained in paragraph seven (7) of the Petition are admitted.
The averments of fact contained in paragraph eight (8) of the Petition are beyond the
scope and knowledge of the Respondent. They are therefore denied.
o
The averments of fact contained in paragraph nine (9) of the Petition are admitted
10.
The averments of fact contained in paragraph ten (10) of the Petition are denied. The real
estate needs to be valued and sold in order to maintain the value for both the Petitioner and the
Respondent.
11.
The averments of fact contained in paragraph eleven (11) of the Petition are specifically
denied. The family exemption is able to be paid without subdividing the real estate.
2
WHEREFORE, the Respondent, Ronald L. Keck, requests Your Honorable Court enter
an Order dismissing the Petition of the Petitioner with costs paid to the Respondent since the
family exemption is able to be paid without subdividing the real estate.
By:
Respectfully submitted,
IRW~ & HUGHES
6~00ar4eUs~ n, rq~VIps~uir e
Carlisle, Pennsylvania 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Date: April 10, 2003
VERIFICATION
The foregoing document is based upon information which has been gathered by counsel
and myself in the preparation of this action. I have head the statements made in this document
and they are true and correct to the best of my knowledge, information and belief. I understand
that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904,
relating to unsworn falsification to authorities.
RONALD L. KECK
Date: .aPRIL 10, 2003
5
IN RE:
ESTATE OF ARTHUR S. KECK
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2003 - 0011
: ORPHAN'S COURT DIVISION
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Answer to
Petition was served upon the following by depositing a tree and correct copy of the same in the
United States mail, First Class, postage prepaid in Carlisle, Pennsylvania,
on the date referenced below and addressed as follows:
Edward L. Schorpp, Esquire
10 East High Street
Carlisle, PA 17013
Date: April 10, 2003
By:
T & HUGHES
Marcus A*. McKnig-h-i, III, Esquire
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Supreme Court I.D. No. 25476
4
MARTSON DEARDORFF WILLIAMS & OTTO
INFORMATION * ADVICE · ADVOCACY
TEN EAST HIGH STREET
CARLISLE, PENNSYtV^N1A 17013
TELEPHONE (717) 243-3341
FACSIMILE (717) 243-1850
INTERNET www. mdwo.com
April 16, 2003
ATTORNEYS & COUNSELLORS AT LAW
WILLIAM E MARTSON
JOHN' B. FOWLER III
EDWARD L. SCHORPP
DANIEL K. DEARDORFF
THOMAS J. WILLIAMS*
IVO V. OTTO III
GEORGE B. FALLER JR.*
CARL C. RISCH
MARK A. DENLINGER
DAVID R. GALLOWAY
ANTHONY T. LUCIDO
*BOARD CERTIFIED CIVIL Tatar SPECIALIST
HAND DELIVERED
Acting Clerk
Cumberland County Orphans Court
Cumberland County Courthouse
Carlisle, PA 17013
RE:
Estate Arthur S. Keck
Estate No. 2003-0011
Date of Death: December 20, 2002
Dear Acting Clerk:
Enclosed with this letter are appraisal reports fi.om Diversified Appraisal Services and B-H
Agency Appraisal ServiCes, which have been prepared for the above-referenced estate.
Will you please file these reports with the estate proceedings. I thank you in advance for your
prompt attention to this matter.
Very truly yours,
MARTSON DEARDORFF WILLIAMS & OTTO
Edward L. Schorpp
IVO/vlo
Enclosure
F:WILES\DATAFILEkESTATES\ 10604.3.oqahan$.appraisal
INFORMATION · ADVICE · ADVOCACYTM
FiFe No. 0400103 Page #1
Property Address:
City, State, Zip:
Legal Description:
Borrower:
45 Bobcat Road
Cadble: Pa. 170Z3
see Attad~ Deed CO~..
N/A
Lender/Client:
Address:
Estate of Arthur Keck
cio Edward Scho .~. ,E~..
10 E. High St. Carlisle, Pa. 17013
Prepared By:
Address:
Phone Number:
Prepared As Of:
Est. Market Value:
Douglas I~Heineman/G.Arthur Calaman
B-H Agency...A~r?aisal Services 163 N. Hanover St. Carlisle, Pa.17013
(717) 2a,3-1000
.April 1:2003
$1~t8:000.00
Cover Page wil~ Contents
Cover Letter
Appraisal Summary
Uniform Residential Appraisal Report
Text Addendum
Subject Photos
Building Sketch
Comparable Photos
Location Map
Certification and Umiting Conditions
Attached Addenda
This fom~ was reproduced by United Systems Software Company (800) 969-8727
File No. 0400103 Page'#2
B-H Agency Appraisal Services
163 N. Hanover Street
Carlisle, Pa. 17013
(717) 243-1000
Date: April 10, 2003
Client: Estate of Arthur Keck
c/o Attorney Edward L. Schorpp
10 E. High Street
Carlisle, Pa. 17013
In accordance with your request, I have inspected, as per your instructions, and appraised the properly located at:
45 Bobcat Road, Carlisle, Cumberland County, Pa. 17013.
As per your instructions, the purpose of this appraisal was to determine "Market Value" m unencumbered fee simple rifle
of ownership, and was done in compliance with and as defined by "USPAP" and the Appraisal Standards Board.
This report in it's entirety is intended and valid for the use of the named Client only, and is invalid if photo copied in part
or in whole by anyone other than the Client or the State Certified Real Estate Appraiser(s) named in the report. It is
intended solcy for the Client, and shall not be used by anyone other than the Client without the prior written consent of
the Client and the State Certified Real Estate Appraiser(s) conducting the appraisal process.
Note: This is a S]]mmary Appraisal Report, and contains 13 pages (plus the attached addenda), and any single page is
invalid ff detached or used separately from the entire report as ori~nally submitted.
This report was conducted and prepared with the utmost care and confidentiality and was established with no pre-
determined opinion of value.
Thank you for choosing B-H Agency Appraisal Services
Dougla.q R~ Hcineman
Designed by United Systems Software Company (800) 969-8727
File No. 0400103 Page #3
APPRAISAL SUMMARY
Subject Address .................. ~t5 Botx=al: Road
Legal Description ................. See AU3ched Deed Copy
City ............................ Carlisle
County ......................... Cumberland
State ........................... Pa.
Zip Code ........................ 17013
Census Tract ..................... 0130
Map Reference ................... 14-04-0383-053
Sales Price ..................... $ N/A
Date of Sale ..................... N/A
Borrower/Client ................... Estate of Arthur Keck
Lender ..........................
Size (Square Feet) ................. 1976
Price per Square Foot ............. $
Location ........................ Average_
Age ............................ 48.0 yrs.
Condition ....................... Fair
Total Rooms ..................... 5
Bedrooms ....................... 3
Baths ........................... 1.00
Appraiser ........................ Douglas R. Heineman & G. Arthur Calarnan
Date of Appraised Value ............. April 1, 2003
Final Estimate ct Value ............ $ $148,000.00
Designed by United Systems Software Comp,l~y (800) 969*8727
File No. 0400103 Page #4
UNIFORM RESIDENTIAL APPRAISAL REPORT
Iq~e lie. 04(0)103
Address 45 Bobcat Road
see Attached Deed Copy
Assessor's Parcel No. lq-04-0383-053
)le [] Leasehold
~borhood or Project Name Lower Franldord Twp.
Sales Price $ N/A Date of Sale N/A
Londer/Client Est;al~e of Arthur Keck
Appraiser R.Heineman/G.Arthur Cabman
Location [] Urban [] Suburban [] Rural
Built up [] Over 75% [] 25-7§% [] Under 25%
Growth rate [] Rapid [] Stable [] Slew
Property values [] Increasing [] Stable [] Declining
Demand/supply [] Shortage [] In balance [] Over supply
Marketing time [] Under 3 mos. [] 3-6 mos. [] Over 6 mos.
City Carlisle State Pa. Zip Code 17013
County Cumberland
Tax Year 02/03 R.E. Taxes $1121.27 Special Ascessrnents $ C & G
Current Owner Estate of Arthur Keck Occupant [] Owner [] Tenant [] Vacant
I Project Type [] PUD [] Condominium (HUD/VA only) HOA $ N/A /Mo.
Map Reteronce 1~-04-0383-053 Consus Tract 0130
Description and $ amount of loan charges/concessions to be paid by seller N/A
Address C/O ~ard Schorpp,Esq. 10 E. High St. Carlisle, Pa. 17013
Address B-H ,Agency A )raisal Services 163 N. Hanover St. Pa.17013
~0~ A~G~),iO. efamity __ [] Nct likely []Likely
I[]o~er 69k Lew 0 I2~4fam,y [] ~n process
1 [] Tenant 435k High 100+ I Multi-family To:
I [] Vacant (0-5%) Predominant I Commercial
I[] Vacant (over 5%) 80-100 40+ I ( )
Neighborhood boundaries and characteristics:
Factors that affect the marketability of the properties in the neighborhood (proximity to employment and amenities, employment stability, appeal to market, etc.):
Tt is my opinion that the subject property is in fair condition and would have fair to average marketing potential.
Market conditions in the subject neighborhood (including support for the above conclusions related to the trend of property values, demand/supply, and marketing time
- such as data on competitive properties for sale in the neighbmhoud, description of the prevalence of sales and financing concessions, etc.):
little {r~:rea~ over the past year. Average marketing time for similar properties in this
!PleJeel IIl~Wllaliefl fi' PIIBs (If applicable) - - Is the developer/builder in control of the Home Owners' Association (HOA)? []Yes
Approximate total number of units in the subject project N/A . Approximate total number of units for sale in the subject project
Describe cemmon elements and recreational facilities: N/A
Dimensions See att;ached lega_ I description in addenda section of .report
Sitearea 21.14 acres M/L (b'acts 2 and 3 ofthree) ComerLot []Yes []No
Specific zoning classification and description Residerttial
Zoning compliance [] Legal [] Legal nonconforming (Grandfatherod use) [] Illegal [] No zoning
Highest & best use as improved [] Present usu [] Other use (explain)
Utilities Public Other { Off-Mte Impmmmmml~ Type Public Private
Electricity [] t Street Macadam [] []
Gas [] Propa. ne .[x]ssible / Curb/Gutter None Observed [] []
Water [] Priva~ (well) I Sidewalk None (N3served [] []
San itarySewer [] Private (SePtic3 ! Street Lights None Observed [] []
StormS,,~r [] None Ok~,c,;rvea JA,~j None Observed [] []
Comments (apparent adverse easements, encroachments, special assessments, slide areas, illegal or legal nonconformin
[]No
Topography Level/Sloping
Size 21.14 acres (m/L)
Shape irregular
Drainage Fair
View Rural/Wooded
landscaping None
Driveway Surface Storle
Apparent Easements See Commerlts below
FEMA Special Flood Hazard Area [] Yes [] No
FEMAZone X Map Date 03,//16/88
FEMA Map No. 421018 0005 B
zoning use, etc.): See attached addendum...
GENERAL DESCRIPTION EXTERIOR DESCRIPTION FOUNDATION
No. of Units Foundation Slab YeS
No. of Stories One Exterior Walls Crawl Space N_/A
Type (Det./Att.) Roof Sudace Basement
Design (Style) Gutters & Dwaspts. Sump Pump NO
ExistingA~roposed Windew Type Dampness
Age (Yrs.) zt8 Storm/Screens Settlement
Effective Age (Yrs.) 20 Manufactured House NO Infestation Unknowll
BASEMENT INSULATION
Area Sq. Ft. __ []
% Finished __ []
Ceiling Walls __ []
Walls Floor __ []
Floor None __ []
Outside Enby Unknown __ []
See addendum
5 Rooms; 3 Bedroom(s); 1.00 IL~h(s);
1976 Square Feet of Gross Living Nea
INTERIOR Materials/Condition
Floors ¢.ot/Wd:Fair
Walls D-wall/Panel :Ave,
Trim/Finish Wood:Ave.
Bath Floor Ca .met:Fair
Bath Wainscot N/A
Doors Wood:Ave.
HEATING
Type Elec. BB
Fuel Electric
Condition Average
COOLING
Central No
Other None
Condition
KITCHEN EQUIP.
Refrigerator ~
Range/ovon
Disposal
Dishwasher
Fan/Hood
Microwave
Al-nC
None []
Stairs []
Drop Stair []
Scuttle []
Floor []
Heated []
Finished []
AMENITIES
Fireplace(s) # 1
Patio None
Deck None
Porch Front
Fence Chain unk
Pool :Tn Grd.
Unserviceable
CAR STORAGE:
[] None []
[] Garage
[] Attached
[] Detached
[] Built-In
[] Carport
[] Driveway
Additional features (special onergy efficient items, etc.): None
# of c~rs
Condition of the improvemonts, depreciation (physical, functional, and exlemal), repairs needed, quality of construction, remodeling/additions, etc.:
Adverse environmental conditions (such as, but not limited to, hazardous wastes, toxic substances, etc.) present in the improvements, on the site, or in the
immediate vicinity of the subject properly.- (]3aflnel Stream runs through..~-operty_ near house...grounds were ~hk~ted all around house
Freddie Mac Form 70 6-93 This form was reproduced by United Systems Software Company (800) 969-8727 - Page I Fannie Mae Form 1004 6-93
File No. 0400103 Page #5
v.~ion Sedh., UNIFORM RESIDENTIAL APPRAISAL REPORT nh, .o. 0,100103
ESTIMATED SITE VALUE ............................. $
ESTIMATED REPRODUCTION COST-NEW OF IMPROVEMENTS:
Dwelling 1976 Sq. Ft. @ $ = $
Sq. Ft. @ $ =
Garage/Carport __ Sq. Ft. @ $
Total Estimated Cost-New ..................... = $
Physical Functional External
=$
Depreciated Value of Improvements ....................... $
"As-is" Value of Site Improvements ....................... = $
IIIDICATED VALUE BY COST AFPIIOACH
rTEM SO&IECT
45 Bobcat Road 3308 Enola Road
N/A
N/A
N/A
N/A
N/A
Pr~imity to Subject
Sales Rice
Price/Gross Liv. Area
Data and/or
Verificatio~ Sources
VALUE ADJUSTMENTS
Sales or Financing
Concessions
Date of Sale/Time
Location
Leaschold/l:ee Sim
Site
View
Design and Appeal
Construction
Age
Condition
=$
C~PAmlm. E#0.1
Comments on Cost Approach (such as, source of cost estimate, site value, square
foot calculation and, fo~ HUD, VAand FmHA, the estimated remaining economic
life oflhe property): Due to the ~ and condition of the
sub_'mct improv~ts: the cost a..oproach was not
used. It is the opinion of this appraiser that the cost
a..oproach to value is inadequate:due to the
E :W
COMPARABLE I10. 2
COMPARABLE NO. 3
MI SSE
.03.01
& CCCH
DESCF~PllON DESCRIPllON DESCF~PtqON
t.50 to 2 acres acre 1.12 acre
Above Grade
Room Count -500
Basement & Finished Space
Rooms Below Grade
35.28
& CCCH
DESCRIFTION
HUD Sale
Functional Utility
Z.40 acres
Sc
Full Concrete
-25OO
Energy Efficient Items
Porch, Patio, Deck, Porch Porch/Deck
Fireplace(s), etc. Stove
Hone
$
Adjusted Sales Rice 23,81% 32,16% G: 23,1996
of Comparable 6.3:
Comments on Sales Comparison (including the sebject propertys compatibility to the neighborhood, etc.):
and wil~in the most recent months. All are in close
Ih/in(
ITEM ~B, JECT COMPARABLE NO. 1 COMPARABLE NO. 2 COMPARAm~ NO. a
Date, Price and Data 12/19/01
Source for prior sales CCCH CCCH
within year of appraisal
A~alysis of any current agreement of sale, option, or listing of the subject property and analysis of any prior sales of subject and comparables within one year of the dale of appraisal:
IIIDICAIF. J VALUE BY tkM. ES COMPARISON APPIIOACII ............................................................... $ __
Estimated Market Rent $ N,/A /Mo. x Gross Rent Multiplier N!A = $
The appraisal is made [] "as is" [] subject to the repairs, alterations, inspections, or conditions listed below []subject to completion per plans and specifications.
Conditions of Appraisal: See Text Addendum page_...
,0
Final Reconciliation: SeeText/IK:ldendunl page_,,,
The purpose of this appraisal is to estimate the market value of the real property that is the subject of this repod, based on the above conditions and the cedification,
contingent and limiting conditions, and market value definition that are stated in the attached Freddie Mac Form 439/Fannie Mae Form 10046 (Revised N/A
I (11~ ES11MATE1NE MAJlKETVALUE, ASBEFINEB, OFINE ILEAL IIIIOI~THATIS1HE SUBJ~T~ ~ ~,~ A~ril 1, 2003
I$1HE DATE OF III~PL:C'nOII AND 1lIE EFFECllVE DAI~ OF 1111~ ~ $148:000.OO
~ ~ ~'
· Name DO~O~I~. I-(eineman
Date~ed 04/10/03
State Cmlification # State State Certification # RL-000569-L
Or State License # RealEstate Appraiser State Pa. or Stale License #
Freddie Mac Form 70 6-93 1his form was reproduced by United Systems Software Company (800) 969-8727 _ Page 2
[] Did [] Did Not
Inspect Property
State Pa,
State
Fannie Mae Form 1004 6-9~
File No. 0400103 Page #6
TEXT ADDENDUM
Borrower/Client Est:ate of Arthur Keck
Address 45 Bobcat Road
City Carlisle
Lender/Client Estate of Arthur Keck
County Cumberland State Pa. Zip Code 17013
SITE COMMENTS:
Tax Map 04-383 shows a 20' R.O.W. crossing from parcel 029 thru subject tract #3 (4+ acres), and entering parcel 026.
Legal Description of subject makes no reference to any ILO. W. Further investigation revealed however, that a legal Right
Of Way had been awarded through means of a civil action. Information regarding this action in Case # 97-2687 is
available through the Office of Prothonotary at Cumberland County Courthouse. Date of the hearing was 01/26/98, for
the Plaintiff Keith E. Bear vs. Defendants Arthur S. and Pauline E. Keck of 45 Bobcat Road, Carlisle, Pa. Copy of
Conclusions and Description and Location of Right Of Way are included in the attached addenda section of this report.
DEFINmONS AND DATA SOURCES:
EXPOSUR~ TIME: For the appraised property, the exposure time, based on the experiences of other similar properties
in the same or similar neighborhoods is estimated to be at more or less than four months. Exposure time is backward
looking, and there is historical data available that provides a reasonable indication of the amount of time that would have
been involved to market the subject property, and Obtain a sale as of the effective date of the appraisal. This data has been
used in this estimate.
MARKET TIME: Marketing time on the other hand is forward looking, and is expressed as an estimate (projection) of
the time that would be required to market the property and obtain a sale. In this context, it should be noted that I have
adhered to the definition of marketing time as put forth by the "Appraisal Standards Board." This definition advises that
marketing time does not begin until two things take place: (1) an offering of the property at a price that marketing
participants find acceptable, and (2) an effective marketing plan is implemented.
SCOPE (EXTENT) OF APPRAISAL: In the preparation of this appraisal, I have made a physical inspection of the site
and the improvements (ff any). I have traveled to the neighborhood and made appropriate notes.
Data sources employed in addition to the physical inspection were the zoning map or officer and ordinance for the Lower
Frankford Township, the recorded deed, the tax assessor parcel records, and the FEMA maps for the location.
CCCH & CPML are acronyms for Cmnlnrland Co. Court House and Central Penn Multi-List respectively. These
were the primary sources used to secure property data. In addition, already verified information and data from my own
files was used ff needed and where appropriate. The information developed was independently verified where public
sources did not provide needed data verification. I have contacted listing agents or other parties to the transactious, if I
felt it necessary to verify data listed in CPML, as well as any suspected unordinary seller concessions.
In the valuation process, all appropriate value approaches, or their exclusions are discussed in the appropriate sectious of
the report.
CONDmONS OF APPRAISAL (DISCLOSURE):
The appraiser is unable to know or verify, and in most instances unqualified to determine or verify any insulation "R"
factor; also thc presence of urea formaldehyde foam insulation (UFFO, any wood infestation or causes thereof, any Icad
based paint, asbestos, the presence of any radon, polyclorinated biphenyls (PCB's), chlorofluorcarbons (CFC's), leaking
storage tanks (above or below ground), and soft contaminates or any type of contamination. The quality of any drinking
water cannot be tested or verified by this appraiser. The appraiser has no expertise and is unqualified to make any
assumptions, statements, or warranties as to the condition of any on site septic/sewage system if present.
The appraiser is not qualified to test for any contaminates in, on, or around the property, and can make no assumption as
to whether or not they are present_ It is to be noted however, that if any of the afore mentioned items are present, the
market value could be adversely affected or violated~ The appraiser(s) has made every effort to look, notice, and
document if obsented, any apparent or unusual appearing circumstance in, on or around the property at the time of the
inspection.
The appraiser has only considered the dwelling and items attached as realty. Personal or other items not permanently
attached such as refrigerators, washers, diyers, window air conditioners, etc. were not given consideration in the
appraisal.
Also NO VALUE is given as to small storage sheds, pools (above or in-ground), swing sets, normal fencing, or other
exterior structures of perceived value, unless specific~y noted in report. AH plumbing, heating, air conditioning (ff
present), and electrical systems appear to be functional to the best of this appraiser's knowledge, but no warranty or
expertise is stated in this report.
Designed hy United S~ems Software (800) 969-8727
File No. 0400103 Page #7
TEXT ADDENDUM
(Continued)
IqNAL RI~CONCIEIATION:
The assignment of appraisal for the subject of this report was to determine the worth or "Market Value" as of the date of
inspection/report. Further direction requested that the appraiser should "inquire as to the division of said real estate so as
to apportion a tract of land (60,000 square feet is minimum township requirement) containing thc residence and
surrounding curtilage to the petitioner without causing prejudice to or spoiling the value of the remaining ummproved
land. The 'Sales Comparison Approach To Value' as shown on page 5 of this report represents that latter analysis,
showing the subject residence and outbuildings with an estimated 1.5 to 2 acre parcel of land, as compared to three recent
sales of similar properties within reasonable proximity to the subject.
Presently, the residence and outbuilings are situated on tract #2 which contains 17.04 acres m/l, and is adjoined by tract
#3 which contains 4.10 acres m/1.
Inquiry of the potential for the division of the total subject acreage (21.14 acres) was made. Information was obtoined
from Donald Conaway at the Lower Frankford Township Municipal Authority, It was determined that subdivision of the
acreage may be possfole and is not prolu3ited under current township guidelines. It is to be noted however that
subdivision would hinge upon ability to obtain acceptable percdprobe test results for septic systems on each divided
parcel. Composition of the subject ground is slateland, which may not yield acceptable results in perc/probe testing.
Moving on the possibility that each site would pcrc, the following subdivision guidelines would apply:
1. Minimum lot size is 60,000 sq. fl.
2. Minimum frontage for lot is 200'.
3. Subdivision cost paid to township is $150.00 plus $35.00 p/lot paid to D.E.P.
4. Acceptable testing of existing septic system currently in use for existing residence.
5. Acceptable perc/probe site for each additional lot divided.
It is therefore the opinion of the appraiser, that the residence and surrounding curtilage of 1.5 to 2 acres or more could be
separated from the remainder without causing prejudice or spoiling the value of the remaining nnimproved land. Value
in this scenario is represented in the "Sales Comparison Approach' on page 5.
No suitable comparable properties of similar style, nature and acreage were found by the appraiser to be used in this
analysis. I have therefore formed my conclusion of value for the subject, as it is currently situated on tract #2 consisting
of 17.04 acres m/l, from the value indicated by the Sales Comparison Approach plus the value of the additional acreage.
It is my opinion that the Market Value for the subject property situated on tract #2, and as defined by USPAP and shown
in this report on page 12, is $148,000.00.
Although not part of the assignment of this appraisal, my research has indicated that the remaining acreage for tract #2
(after the division, and having 250' to 300' road frontage, and under the assumption that acceptable septic system
perc/probe tests were possible) would be valued at approximately $58,500 to $65,000.
Tract #3, the adjoining parcel of 4.10 acres m/l has access from Russell Road and the Right of way created by the afore
mentioned Civil Case #97-2687. Research revealed that recent sales of 3 to 4 acre lots in similar areas yeild $36,000.
This report is a Snmnmry Appraisal report. In this appraiser's opinion, the "Sales Comparison Analysis" represents the
best indiction of Market Value for the subject, as defined in the Statement of Limiting Conditions (attached). This
Approach to Value was given the most weight and consideration in estimating the subject's market value as of the date of
the appraisal.
The Income Approach was not cousidered by this appraiser, as the area is predominately owner occupied, therefore
limiting the amount of avoiloble data that would be necessary to complete that approach to value. Because the area is
primarily owner occupied, there was insufficient available rental data to complete an Income Capitalization Approach for
this report.
File No. 0400103 Page #8
SUBJECT PHOTOGRAPH ADDENDUM
Borrower/Client: Estate of Arthur Keck
Address: ~t5 Bobcat Road
City: Carlisle County: Cumberland
Lender/Client: Estate of Arthur Keck
State: Pa.
Zip Code: 17013
Front View
RearVlew
Street View
This form was reproduced by United Systems Software Company (800) 969-8727
File No. 0400103 P;~ge #g
SUBJECT PHOTOGRAPH ADDENDUM
Borrower/Client: F:~ate Of Arthur Keck
Address: 45 Bobcat Ro~I
City: Carlisle County:. Cumberland
Lender/Client: Estate of Arthur Keck
State: Pa
Zip Code: 17013
Detached Garage
Screened Pavilion
Workshop
'Ibis form was reproduced by United Sy'dem~ Software Compafly (800) 969-8727
File No. 0400103 Page #10
SKETCH
File Ilo. 0~00103
Borrower/Client Est;ate of Arthur Keck
Address 45 Bobcat Road
City Carlisle
Lender/Client Estate of Arthur Keck
County Cumberland
State Pa.
Zip Code 17013
21.0'
26.0'
14.0'
61.0'
Porch
AREA CALCULATIONS SUMMARY
Code Description Size Totals
~ G~o,,,, ~L~l~z9' ,~'ea 1976.00 1976.00
TOTAL LIVABLE (rounded) 1976
LIVING AREA BREAKDOWN
Breakdown Subtotals
15.0 z 26.0 390.00
26.0 z: 61.0 1586.00
2 Areas Total (rounded) 1976
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File No. 0400103 PacJe #11
COMPARABLE PHOTOGRAPH ADDENDUM
Borrower/Client: Estate of Arthur Keck
Address: 45 Bobcat Road
City: Carlisle County: Cumberland
Lender/Client: Estate of Arthur Keck
State: Pa.
Zip Code: 17013
Sales Comparable i
Front View
Address: 3308 Enola Road
Prox. to Subject: 0.4.3 MI E
Sales Price: $ 88900
Gross Living Area: 1509.00
Total Rooms: 7
Total Bedrooms: 4.
Total Bathrooms: 1.50
Location: Similar
Sales Comparable 2
Front View
Address: 3703 Enola Road
Prox. to Subject: 1.30 MI W
Sales Price: $ 89000
Gross Living Area: 864.00
Total Rooms:
Total Bedrooms: 2
Total Bathrooms: 1.00
Location: Similar
Sales Comparable 3
Front View
Address:
Prox. to Subject:
Sales Price: $
Gross Living Area:
Total Rooms:
Total Bedrooms:
Total Bathrooms:
Location:
4.24. Burgners Road
2.30 MI SSE
69000
1956.00
5
3
1.00
Similar
This form was reproduced by United Systems Sdtwam Company (800) 969-8727
File No. 0400103 Page #12
LOCATION MAP
file Ilo. 04,00103
Borrower/Client Estate of Arthur Keck
Address 45 Bobcat Road
0ity Carlisle
Lender/Client Estate of Arthur Keck
County Cumbedand State Pa.
Zip Code 17013
CPOSSUM LAKE
lOcal,e:
Designed by United Systems Software Company (800) 969-8727
File No. 0400103 Page #13
Rim IIo. 0400103
ommimoml OF milARI~"T VALUE: The most probable pdco which a property should bdng in a competitive and open market
under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price
is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing
of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both padies are well
informed or well advised, and each acting in what he considem his own best interest; (3) a reasonable time is allowed for
exposure in the open market; (4) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements
comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative
financing or sales concessions* granted by anyone associated with the sale.
*Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are
necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are
readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments
can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not
already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost
of the financing or concession, but the dollar amount of any adjustment should approximate the market's reaction to the financing
or concessions based on the appraiser's judgment.
STATEMENI' OF UMmNG CONDmONS AND APPRAISER'S CERTIRCATION
COmlmEmT AND LIMITIIIG COIIDmOIIS: The appraiser's codification that appeal in the appraisal report is subject to
the following conditions:
1. The appraiser will not be responsible for matters of a legal nature that affect either the properly being appraised or the title
to it. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title.
The property is appraised on the basis of it being under responsible ownership.
2. The appraiser has provided a sketch in the appraisal repod to show approximate dimensions of the improvements and the
sketch is included only to assist the reader of the report in visualizing the property and understanding the appraisers determination
of its size.
3. The appraiser bas examined the available flood maps that are provided by the Federal Emergency Management Agency (or
other data sources) and has noted in the appraisal repod whether the subject site is located in an identified Special Flood Hazard
Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination.
4. The appraiser will not give testimony or appear in coud because he or she made an appraisal of the property in question,
unless specific arrangements to do so have been made beforehand.
5. The appraiser bas estimated the value of the land in the cost approach at its highest and best use and the improvements
at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any
other appraisal and are invalid ff they are so used.
6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of
hazardous wastes, toxic substances, etc.) obsewed dudng the inspection of the subject property or that he or she became aware
of during the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser
bas no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the
presence of hazardous wastes, toxic substances, etc.) that would make the properly more or less valuable, and has assumed
that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the
property. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might
be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards,
the appraisal report must not be considered as an environmental assessment of the property.
7. The appraiser obtained the infommtion, estimates, and opinions that were expressed in the appraisal report from sources that
he or she considers to be reliable and believes them to be tree and correct. The appraiser does not assume responsibility for the
accuracy of such items that were furnished by other padies.
8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of
Professional Appraisal Practice.
9. The appraiser has based his or her appraisal reperf and valuation conclusion for an appraisal that is subject to salislactory
completion, repairs, or alterations on the assumption that completion of the improvements will be pedormed in a workmanlike
manner.
10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal repod can
distribute the appraisal report (including conclusions about the property value, the appraiser's identity and professional
designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated)
to anyone other than the borrower, the modgagee or its successors and assigns; the mortgage insurer, consultants; professional
appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality of
the United States or any state or the District of Columbia; except that the lender/client may distribute the property description
section of the report only to data collection or reporting sewico(s) without having to obtain the appraisor's prior written consent.
The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the
public through advertising, public relations, news, sales, or other media.
Freddie Mac Form 439 (6/93, 10/98) Page I of 2 Fannie Mae Form 1004B (6/93)
Thi~ form was reproduced by United System~ Software Company (800) 969-8727
File No. 0400103 Page #14
Rle
APPRAISEII'S CERTIFICATION: The Appraiser certifies and agrees that:
1. I have researched the subject market ama and have selected a minimum of throe recent sales of properties most similar
and proximate to the subject property for consideration in the sales compadsun analysis and have made a dollar adjustment when
appropriate to reflect the market reaction to those items of significant variation. If a significant item in a comparable property
is superior to, or mom favorable than, the subject property, I have made a negative adjustment to reduce the adjusted sales price
of the comparable and, if a significant item in a comparable properly is inferior to, or less favorable than the subject property, I
have made a positive adjustment to increase the adjusted sales pdce of the comparable.
2. I have taken into consideration the lactors that have an impact on value in my development of the estimate ol market value in
the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe, to the best
of my knowledge, that all statements and irdormation in the appraisal report am tree and correct.
3. I stated, in the appraisal mpod, only my own personal, unbiased, and professional analysis, opinions, and conclusions,
which are subject only to the contingent and limiting conditions specified in this form.
4. I have no present or prospective interest in the properly that is the subject of this rupert, and I have no present or prospective
personal interest or bias with respect to the participants in the transaction. I did not base, either padially or completely, my
analysis and/or the estimate of market value in the appraisal report off the race, color, religion, sex, handicap, familial status,
or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants
of the properties in the vicinity of the subject properly.
5. I have no present or contemplated future interest in the subject property, and neither my current or future employment
nor my compensation for performing this appraisal is contingent on the appraised value of the property.
6. I was not required to report a predetermined value or direction in value that favors the cause of the client or any related party,
the amount of the value estimate, the altainment of a specific result, or the occurrence of a subsequent event in order to receive
my compensation and/or employment for performing the appraisal. I did not base the appraisal repod on a requested minimum
valuation, a specific valuation, or the need to approve a specific mortgage loan.
7. I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted
and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of
this appraisal, with the exception of the depadure provision of those Standards, which does not apply. I acknowledge that an
estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate
I developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise
stated in the reconciliation section.
8. I have personally inspected the interior and exterior areas of the subject properly and the exterior of all propedies listed as
comparables in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject
improvements, on the subject site, or on any site within the immediate vicinity of the subject properly of which I am aware
and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market
evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject
property.
9. I personally prepared all conclusions and opinions about the real estate that were set fodh in the appraisal report, ff I relied on
significant professional assistance from any individual or individuals in the pedormance of the appraisal or the preparation of
the appraisal report, I have named such individual(s) and disclosed the specific tasks performed by them in the reconciliation
section of this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized
anyone to make a change to any item in the report; therefore, ff an unauthorized change is made to the appraisal repod, I will take
no mspensibility for it.
G. Arthur Calaman, Assistant to the Certified Real Estate .akopraiser, has assist~ and contributed significantly in the
inspecUon procedure, collecUon of data, market research, completing of forms, photos, sketches, compiling the written
report., and all other areas involved in the preparation of this appraisal report
SUPERVISORY APPRAISER'S CERTIFICATION.- ff a supervisory appraiser signed the appraisal repod, he or she certifies and
agrees that: I directly supervise the appraiser who prepared the appraisal repod, have reviewed the appraisal report, agree with
the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above,
and am taking full responsibility for the appraisal and the appraisal repod.
ADDRESS OF PROPERTY APPRAISED:.
APPRAISER:
Signature:
Name: G.Arthur Calafl~
Date Signed: 04/10_/03 '
State Certification #: Assistant to the Certified
or State License #: Real Estate . .Al~oraiser
State: Pa,
Expiration Dale of Certification or License:
45 Bobcat Road, Carlisle: Pa. 17013
SO~klI~ISER (onlyff required):
Date ~03
State Certification #: RL-OOO569-L
or State License #:
State: Pa,
Expiration Date of Certification or License: 06/30/03
[] Did [] Did Not Inspect Property
Freddie Mac Form 439 (6/93, 10/98) Page 2 of 2 Fannie Mae Form 1004B (6/93)
'Ibis form was repn:duced by United Systems Software Company (800) 969-8727
his Province and the earliest road laws were designed with this in mind. This has been a consistent
policy of the Commonwealth as well since the era of Independence from Great Britain. See, e. g.,
IN RE: PRIVATE ROAD IN LOWER MIFFLIN TOWNSHIP, CUMBERLAND COUNTY,
PENNSYLVANIA, REPORT OF THE BOARD OF VIEW, IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY, NO. 1802 CIVIL 1987, CIVIL ACTION - LAW, pp. 10-
37, esp. p. 25. Therefore, there is little that can be done to stem the tide of "progress" and
development even when a property is landlocked. The Board must therefore carry out its duty as
best it can and can consider only those factors which the law allows.
CONCLUSIONS OF LAW
1. Petitioner has met his burden of proving that he needs a right of way for ingress and
egress.
2.
The Board has tried to choose a right of way location by duly considering: the shortest
distance, best ground, least injury to private parties, and desire of the Petitioner. 36 P. S. s. 1785
(Purdon's). The description and location of the proposed right of way follows:
DESCRIPTION AND LOCATION OF RIGHT OF WAY
The description and location of the right of way is as follows:
From a point on the boundary line between lands now or formerly of Asper
Russell, Jr. and lands now or formerly of Arthur Keck as shown on the right-of-way
survey of Eric L. Diffenbaugh for Keith Bear, dated April 2, 1997; thence through the
lands now or formerly of Arthur Keck over an area twenty (20) feet in width centered upon
a line over the following courses and distances: South 34 degrees 49 minutes 00 seconds
East, 97.86 feet; South 66 degrees 51 minutes 00 seconds East, 244.50 feet; South 42
degrees 10 minutes 00 seconds East, 119.00 feet; more or less, to a point in the boundary
line between lands now or formerly of Thomas Russell and now or formerly of Arthur
Keck.
A reduced size copy of Diffenbaugh's Survey for Bear (Plaintiff Exh. 3) is attached hereto.
8
../
DETERMINATION
The Board appointed for the laying out of said road finds that the proposed road, as
specified in the foregoing REPORT, shall have a width and bearings as described above and shall
follow the path as shown on the said survey attached hereto. The road is necessary within the
meaning of the Act of Assembly. The Board further finds that Petitioners shall have a right to place
and maintain utilities within the right of way. Such right is to include above and underground
methods of conduction and carriage.
If the parties cannot reach an agreement as to damages, an award of damages shall be made
after a hearing to be later held upon that issue.
Respectfully submitted,
Charles E. Shields, m, Esquire
Eugene Hockensmith, Surveyor
Edwin T. Fanus, LaYman
Members of the Board of View.
9
./
i
,//
of o~r Dord one tho.s.m~ ~ne hundred and fifty-seven
in lhe
BETWEEN ~andolph Anthony and Margaret Anthony, his wife; Lloyd
A~thony and Ewelyn Anthony. his wife,Eva Cooper and Nell Cooper. her
husband;Viola Plumbly and Carroll Plumbly, her husband;Alberta Davis
and Orville Davi~, her husband;Mary McCombs and Everett ~cCombs,her
husband; Roland Anthony (Single person) all of Marion, Ohio and Mar-
ian Nesslrode and John Nesslrode her husband of Cleweland, Ohio, and
Ne!en Anthony (Widow) of Marion, Ohio, and Alberta Wei~le and John
Yeigle of ~arlisle R. D. F ], Cumberland County, Pennsylvania ~nd
Leon W. Anthony (Single ~an ) of the same place..
· ~ Arthur S. Keck, Borough of Carlisle, Cumberland Countv, Penn-
sylvania - -
WiI'NE$$EFH, that i,t co,~s/derat/on o! Ten H~dred (~1000.00)
~ ~ ~, ~e rec~pt wk~eo/~ ~reb~ ~~dged, the sa~ g~ntorS do
~ ~v~ ~ t~ sa~ g~n~e , his heirs and assigns
Grantee :
Dollhrs.
hereb~ grant
ALL those three certain tracts of land situate in Frankford
Township, Cumberland County, Pennsylvania, bounded and described
as follows, to wit:
TRACT NO. 1. B8GINNING at a black oak, a corner of land of W. H.
Riggleman and Wm.H. Thumma and others, thence by said lands North
five and one-half (5~) degrees East eighty-five (85) perches to a
stone heap on or near the line between the counties of Cumberland
and Perry; thence by said county line, estimate course North eighty-
five (85) degrees East one hundred (100) perches more or less to
stone heap at or near county line; thence by other land of the grant-
or South'fourteen (l&) degrees East sixt¥-f~ve (05) perches to a
stone heap at the foot of the "steep" of the Nprth Mountain; thence
by lands of Jno. Bear, Geo. Keiser and others South seventy-six (76)
degrees West one hundred thirty (130) perches to the black oak, the
place of beginning, containing fifty-four (S&) acres more or less.
IT BmING the same tract of land which Samuel A. Shambaugh and
Maud M. ShambauEh, his wife, by their deed dated the 2Otb day of
August, 19&d, and duly recorded in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania, in Deed Book" "
Vol. , Page , granted and conveyed to Edward Anthony. '
TRACT NO. 2. BEGINNING at a stone at the'public road; thence bF
lend of the widow Barrick North & 3/2 degrees East, 50 perches to a
hickory; thence North 11 1/2 degrees East, 19.2 perches to a post;
thence by land of John Doner, South 87 degrees East, d& perches to a
post; thence bv land of Richard Walker, South & de~rees West, 20
perches to a chestnut; thence by land of Daniel Green, South
degrees West, 52 perches to a white oak; thence bv the public road,
North ~ 1/& degrees, West 27 perches to the place of beginning.
Containing seventeen acres and Six perc.hes. .,
TRACT NO. ). BEGINNING at a stone pile corner of Jacob Nicke¥'s
land; thence by same South 87'degrees ~ast, &3 1/2 perches to a post;
thence by land of Richard Walker, South & 1/2 degrees West, 15 perch-
es to a stone; thence by land formerly of Lydia E. Walker, deceaseg
North 87 degrees West, && perches to a post~ thence bv land of
North 12 degrees East, 15 1/2 perches to
the place of beginning. Containing four acres and seventeen perches.
.f
it
BEING THE same tracts of land which Mary A. Mentzer, by her
deed bearing date, the 29th day of September, 1915, and duly recorde~
in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Deed Book "D", Vol. l&, Page 279, granted and con-
veyed unto David Edward Anthony.
The said Edward Anthony, ~'1~o known as David Edward Anthony,
died on the 26th day of March, 1956, intestate, leaving to survive
him as his sole heirs at law the following living children all of
whom are sui Juris: Eva Anthony, now intermarried with Neil Cooper;
Randolph Anthony; Roland Anthony; Viola Anthony, now intermarried
with Carroll Plumbly; ~1~ Anthony; Marian Anthony, now intermarriec
with John Nesslrode; Alberta Anthony, now intermarried with John
~eiglm , and Leon W. Anthony; and a deceased child, William Anthony,
who left to survive him his wife, Helen Anthony, and two children,
Alberta Anthony, now intermarried with Orville Davis, and Mary An-
thony, now intermarried with Everett McCombs.
~__TOWN
SCHOOL II CT,'CUMB.
1{ REAL ~TATE I~flSFER TAX-
DA~ ..................... A~-~-~
F~
C~t~ling
DECEMBER 1998
BOARD APPROVED CHECKLIST.FOR A,$SISTANTS
· Property: 45 Bobcat Road, Carl i sl e, Pa. 17013 ...-
The assistant to the state certified appraiser for this report has assisted in the following items:
Set up the file with all forms and general information for this report.
Assisted in the gathering and entering the data as the following: Tax Assessment information and map, Flood
Hazard information and map, Zoning information and map, location map, and similar information. '..
Accompanied and assisted in the inspection of the subject property for this report. '.~
Assisted in the analyzing of the Highest and Best Use of the subject property for this report.
Assisted in the gathering of the information for the comparable land sales data, verified and analyzed the
comparable land sales data for this report.
Assisted in the gathering of the information for the Cost Approach data, analyzed and selected the cost amounts
for this report.
Assisted in the gathering of the information for the Income Approach data, verified and analyzed the rental data for
this report.
Assisted in the gathering of the information for the comparable market sales data, verified and analyzed the
comparable market sales data for this report.
Assisted in the veri~ing of the data at the Tax Assessment office, the Recorder of Deeds Office~ County STEB
monthly report,- County Microfiche service and/or local MLS Service..
Assisted in the exterior inspection of the sales, rentals, land and other comparabl.es used for this report.
Assisted in the sketch drawing for this report. ·
AssisteJ in the entering of the subject and comparable data on the form and the data in'th~ comment areas of this
Assisted in ~e final reconciliation and the final estimate of value of the subject property for'this repp. rt
Assisted in the hal rev ofthis re ..:.. '" .- , .. :~
;utting t~'gether and packaging the final report.
DATE OF INSPECTION," April 1,..2..003
~;..~. ~Or.~ JAHO):,J,..~A ~,~!Y'.;. · ' "~'"
G. Arthur Cal aman '
Assistant to the Stete Ce, rtified ApPraiser
Signature
...... at ~'assist with the items checked and the
The state certified appraiser for this report does t~ereoy venzy ma 9~= ~,~,-"; .." .'~-;. .
state certified appraiser did review all the work done by the assistan~ items. .
Dougl as R', He~ne._.._~an ' - Signature
S~a~ Certir~. Appraiser
: Certificate~. P'L'.-00056~-L -
0ate: o4/to/o3; '. : '
°o.
APPRAISAL REPORT
45 BOBCAT ROAD
CARLISLE, PENNSYLVANIA
Diversified Appraisal Services
Real Estate Appraisers and Consultants
APPRAISAL REPORT
OF
A SINGLE-FAMILY DWELLING
LOCATED AT
45 BOBCAT ROAD
CARLISLE, PENNSYLVANIA
PREPARED FOR
THE ESTATE OF ARTHUR S. KECK
AS OF
DECEMBER 20, 2002
BY
LARRY E. FOOTE
DIVERSIFIED APPRAISAL SERVICES
EAST HIGH STREET, SUITE 101
CARLISLE, PENNSYLVANIA
17013-3052
(717) 249-2758
SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS
LOCATION:
TAX PARCEL NUMBER:
IMPROVEMENTS:
PROPERTY RIGHTS:
OWNERSHIP HISTORY:
SCOPE OF THE ASSIGNMENT:
OBJECTIVE:
EFFECTIVE DATE:
HIGHEST AND BEST USE:
COST APPROACH:
SALES APPROACH:
INCOME APPROACH:
FINAL VALUE CONCLUSION:
45 Bobcat Road
Carlisle, Pennsylvania
14-04-0383-053
A single-family dwelling.
Fee simple interest.
The subject property is owned by Arthur S. Keck. The
property was purchased on May 4, 1957 for a reported
consideration of $1,000 and ownership transferred on
deed reference 17-W-52.
The scope of the assignment included an analysis of the
subject's area, an inspection of the subject property, an
estimation of the property's highest and best use,
consideration of all three approaches to value, and the
application of those relevant to the valuation of the
subject.
To estimate the market value of the subject property as
unencumbered.
December 20, 2002.
Use as a single-family residence.
N.A.
$90,000
N.A.
$90,000
2
APPRAISAL CERTIFICATION
I hereby certify that upon application for valuation by:
THE ESTATE OF ARTHUR S. KECK
the undersigned personally inspected the following described property:
All those two certain pieces or parcels of land, with the improvements thereon erected,
situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and
described as follows:
TRACT NO. 1: Beginning at a stone at the public road; thence by lands now or
formerly of the widow Barrick, North 4% degrees East 50 perches to a hickory; thence North
11½ degrees East 19.2 perches to a post; thence by lands now or formerly of John Donner,
South 87 degrees East 44 perches to a post; thence by lands now or formerly of Richard
Walker, South 4 degrees West 20 perches to a chestnut; thence by lands now or formerly of
Daniel Green, South 24% degrees West 54 perches to a white oak; thence by the public road,
North 4¼ degrees West 27 perches to the place of beginning. Containing 17.04 acres.
TRACT NO. 2: Beginning at a stone pile comer of lands now or formerly of Jacob
Nickey; thence by same, South 87 degrees East 43½ perches to a post; thence by lands now or
formerly of Richard Walker, South 4½ degrees West 15 perches to a stone; thence by lands
now or formerly of Lydia E. Walker, deceased, North 87 degrees West 44 perches to a post;
thence North 12 degrees East 15½ perches to the place of beginning. Containing 4.11 acres.
Less, however, 19.15 acres of land which represents all of the above described land
except two acres located on the southeastern comer of the property, which includes the
dwelling, garage and two storage buildings presently on the site. This two-acre tract of land
also includes macadam road frontage along Bobcat Road. It is assumed that this parcel could
be subdivided in accordance with existing subdivision regulations and requirements.
Furthermore, it is my considered opinion that such subdivision would not cause prejudice to or
spoil the value of the remaining unimproved land, which would have road frontage along
Bobcat Road and Russell Road.
To the best of my knowledge and belief the statements contained in this report are true
and correct, and that neither the employment to make this appraisal nor the compensation is
contingent upon the value reported, and that in my opinion the Market Value as of December
20, 2002 is:
NINETY THOUSAND DOLLARS
$90,000
The property was appraised as a whole, subject to the comingem and limiting conditions
outlined herein.
Certified General Appraiser
GA-000014-L
PURPOSE OF THE APPRAISAL
The purpose of this appraisal is to estimate the Market Value of the subject property as
of December 20, 2002.
Market Value, as defined by the courts, is the most probable price estimated in terms of
money which a property will bring if exposed for sale in the open market, allowing a
reasonable time finding a purchaser who buys with knowledge of all the uses to which it is
adapted and for which it is capable of being used.
Frequently, it is referred to as the price at which a willing seller would sell and a willing
buyer would buy, neither being under abnormal pressure.
HIGHEST AND BEST USE
Highest and Best Use is defined by the Appraisal Terminology and Handbook,
published by the Appraisal Institute, as "the most profitable likely use to which a property can
be put". The opinion of such use may be based on the highest and most profitable continuous
use to which the property is adapted and needed, or likely to be in demand, in the reasonable
near future.
However, elements affecting value that depend upon events or a combination of
occurrences which, while within the realm of possibility, are not fairly shown to be reasonably
probable, should be excluded from consideration. Also, if the intended use is dependent on an
uncertain act of another person, the intention cannot be considered.
Based on the above definition and at~er seeing the site, neighborhood, and area, it is my
opinion that the present use of the subject is its Highest and Best Use.
5
SITE DATA
ADDRESS:
TOWNSHIP:
COUNTY:
STATE:
LOT SIZE:
SEWERS:
WATER:
ELECTRICITY:
LANDSCAPING:
45 Bobcat Road
Lower Frankford
Cumberland
Pennsylvania
Approximately 2.00 acres.
On-site septic system.
On-site well.
Adams Electric.
Typical for the area, with a sodded lawn, trees and shrubs.
None.
DETRIMENTAL INFLUENCES
Pride of ownership is evident throughout the neighborhood.
DESCRIPTION OF IMPROVEMENTS
GENERAL DESCRIPTION: One-story detached single-family
approximately 1,976 square feet of gross living area above grade.
CONDITION: Exterior: Fair to average.
Interior: Fair to average.
ROOMS: First Floor:
Basement:
EXTERIOR:
Foundation:
Walls:
Sash:
Gutters:
Roofi
dwelling containing
Living room, kitchen, laundry room, three bedrooms and
a full bathroom.
None. Concrete slab.
Concrete slab.
Stone
Aluminum frame casement windows with screens.
Aluminum, painted.
Asphalt shingles, which are starting to curl.
6
INT~RIOP~
PRINCIPAL
ROOMS:
Flooring:
Walls:
Ceilings:
Trim:
Hardwood
Drywall and wood paneling.
Acoustical tile blocks.
Wood, painted.
KITCHEN:
Cabinets:
Counters:
Walls:
Flooring:
Sink:
Wood, natural finish.
Formica
Drywall, papered.
Carpet
Double-bowl, stainless steel.
BATHROOM:
Flooring:
Walls:
Bathtub:
Lavatory:
Water closet:
Carpet
Formica and papered drywall.
Shower stall.
Double-bowl vanity.
Two-piece.
Medicine cabinet: Built-in.
HEATING:
Baseboard electric.
HOT WATER:
Electro, 60-gallon.
ELECTRIC:
Circuit breaker system, 200-ampere.
OTHER: Attached to the front of the dwelling is a covered porch. There is a
fireplace with a woodbuming stove insert in the living room. Also located on the site is a
detached 1,040 square foot three-car stone garage in average condition, a detached 416 square
foot concrete block and wood storage building in average condition, a detached 234 square foot
concrete block and wood storage building in fair condition, and an in-ground swimming pool
that is in very poor condition and is considered to have no value.
GENERAL CONDITION: All improvements are considered to be in fair to average condition
on the interior and on the exterior, with mechanical systems appearing to be adequate and
functioning properly. The ceiling in the bathroom is damaged as a result of the leaking roof.
There are no closets in two of the bedrooms.
7
THE APPRAISAL PROCESS
Three approaches to value are generally included in an appraisal report. These
techniques include the cost approach, sales comparison approach, and income approach to
value.
The cost approach to value is based on the assumption that the reproduction cost of a
building plus land value, tends to set the upper limit to value. A key assumption is that a newly
constructed building would have advantages over the existing building, therefore an evaluation
focuses upon disadvantages or deficiencies (depreciation) of the existing building compared to
a new facility. Due to the age of the subject improvements, the cost approach is considered to
be inappropriate and has, therefore, not been included in the development of this appraisal
report.
The sales comparison approach to value assumes that under normal conditions, a given
number of parties acting intelligently and voluntarily, tend to set a pattern from which value
can be estimated. Application of this approach relies on a comparison of the subject with a
sufficient number of recent transactions of comparable properties in the market, based on a
common unit, such as price per square foot of building area.
The income approach concerns itself with present worth of the future potential benefits
of a property. The initial estimate involves the net income, which a fully informed person is
justified in assuming the property will produce during its remaining useful life. This estimated
net income is then capitalized into a value estimate, based upon the level of risk as compared
with that of a similar type and class. Since homes similar to the subject are not typically
utilized as income-producing investment properties, the income approach to value is considered
to be inappropriate and has, therefore, not been included in the development of this appraisal
report.
SALES COMPARISON APPROACH
In arriving at this conclusion of the value of the subject property, the appraiser made a
survey of properties that have sold in the area of the subject property.
Consideration was given and adjustments were made on each comparable sale as to
time of sale, size, location, as well as all other factors that might affect value. A resume of
some of the sales considered by the appraiser is as follows:
SALE
NO. 1:
Location:
Date of Sale:
Sale Price:
Size:
Unit Price:
3308 Enola Road, Carlisle.
November 22, 2002.
$88,900
1,509 square feet.
$58.91 per square foot.
SALE
NO. 2:
Location:
Date of Sale:
Sale Price:
Size:
Unit Price:
3703 Enola Road, Carlisle.
May 10, 2002.
$89,OOO
864 square feet.
$103.01 per square foot.
SALE
NO. 3:
Location:
Date of Sale:
Sale Price:
Size:
Unit Price:
18 Church Road, Carlisle.
July 31, 2002.
$82,000
1,104 square feet.
$74.28 per square foot.
The appraiser, in addition to the sales listed, also considered several additional sales in
arriving at his final opinion of value. On the Sales Comparison Analysis form that follows this
page are dollar adjustments reflecting market reaction to those items of significant variation
between the subject and comparable properties. If a significant item in the comparable
property is superior to, or more favorable than, the subject property, a minus (-) adjustment is
made, thus reducing the indicated value of the subject; ifa significant item in the comparable is
inferior to, or less favorable than, the subject property, a plus (+) adjustment is made, thus
increasing the indicated value of the subject.
After making all of the necessary adjustments, it is the appraiser's considered opinion
that the indicated value of the subject property by the Sales Comparison Approach is $90,000.
SALES COMPARISON ANALYSIS
ITEM SUBJECT COMPARABLE #1 COMPARABLE #2 COMPARABLE #3
45 Boboat Road 3308 Enola Road
Address Carlisle Carlisle
Proximity to Subj~t
Sale Priea
Pricm / Sq. Ft. GLA
ADJUSTMENTS
Sales or Financing
Concessions
Date of Sale / Time
Location
Site / View
3703 Enola Road
Carlisle
~e
Condition
18 Chumh Road
Carlisle
N.A. $88,900 $89,000 $82,000
N.A. $58.91 $103.01 74.28
Inspection Courthouse and Central Penn MLS Courthouse ~nd Centnd Penn MLS Courthouse and Central Penn MLS
DESCRwI'iON DESCRIFfiON $ Adjust. DESCRII'flON $ Adjust.
No~ None
As of 12-20-02 11-22-02 5-10-02
Av~ge Similar Similar
2.00 am-es 1.13 an +3,000 1.12 acm +3,000
Design and App~ One-story deta~ed Similar Similar
Construction Stone Vinyl siding +3,000 Aluminum siding +3,000
47 y~a-s 27 years -8,900 20 yems -8,900
Abov~ Grade
Room Count
Gross Living Are.
Basement &Finished
Rooms B~low Grade
Fak to average
Tot. Bed. I Bath
!
6 3 1
1,976 square feat
None
Average
Baseboard electric
Thr~ i~rage
L8. coy. porch, two
storaSe bulldin6s.
Typical for the
Fir~hea with insert
Built-ins.
Superior
Tot. B~d. Bath
6 4 1½
1,509 square feat
Similar
Similar
Coal-fired hot air
Two-car garas~e
Enclosed poroh, two
storage buildings.
Similar
Non~
Similar
-4,400
-1,000
+4,700
+2,000
+2,000
+1,500
+1,400
$90,300
Superior +8,900
4' I 2 I1 +n,ooo
864 square feat ' [ +11,100
Full basen~t with
faro. rm. and bdrm. [ -10,000
DESC~ON
None
7-31-02
Simil~
.75 aoro +5,000
Similar
Stone
31 years
Sup~xior
6 13,11
Full b~,ment
+8,900
+8,700
Similar Similar
Similm' Similar
None 44,000 +5,000
storage building
Similar
Woodborning stove
Two poroh~s, encl.
porch, star. blcl~. .
Similnr
None
Similar
+500
+17,600
$106,600
Similar
+1,500
+23,100
$105,100
Functional Utility
Heating / Coolin~
C, arq~e / Caq0ort
Porches, Patios
Pools, etc.
Special Eneal~y
Efficient Items
Fireplaea(s)
Other (e.8. kitchen
equip., remodeling)
FINAL INDICATED VALUE OF SUBJECT PROPERTY: $90,000
10
UNDERLYING ASSUMPTIONS AND LIMITING
CONDITIONS SUBJECT TO THIS APPRAISAL
I assume no responsibility for matters legal in nature, nor do I render any opinion as to
the title, which is assumed to be marketable. The property is appraised as though under
responsible ownership.
The legal description used herein is correct.
I have made no survey of the property, and the boundaries are taken from records
believed to be reliable.
I assume that there are no hidden or unapparent conditions of the property, subsoil or
structures which would render it more or less valuable. I assume no responsibility for
such conditions or for engineering which might be required to discover such factors.
The information, estimates, and opinions furnished to me and contained in this report
were obtained from sources considered reliable and believed to be true and correct.
However, no responsibility for accuracy can be assumed by me.
This report is to be used in its entirety and only for the purpose for which it was
rendered.
Neither all nor any part of the contents of this report (especially any conclusions as to
value, the identity of the appraiser or the firm with which he is connected) shall be
reproduced, published, or disseminated to the public through advertising media, public
relations media, news media, sales media, or any other public means of communication,
without the prior written consent and approval of the appraiser.
This appraisal was prepared for the exclusive use of the client identified in this appraisal
report. The information and opinions contained in this appraisal set forth the
appraiser's best judgment in light of the information available at the time of the
preparation of this report. Any use of this appraisal by any other person or entity, or
any reliance or decisions based on this appraisal are the sole responsibility and at the
sole risk of the third party. The appraiser accepts no responsibility for damages
suffered by any third party as a result of reliance on or decisions made or actions taken
based on this report.
11
CERTIFICATE OF APPRAISAL
Your appraiser hereby certifies that:
1. The statements of fact contained in this report are true and correct.
The reported analyses, opinions, and conclusions are limited only by the reported
assumptions and limiting conditions, and are my personal, impartial, and unbiased
professional analyses, opinions, and conclusions.
3. I have no present of prospective interest in the property that is the subject of this report,
and no personal interest with respect to the parties involved.
4. I have no bias with respect to the property that is the subject of this report Or to the
parties involved with this assignment.
5. My engagement in this assignment was not contingent upon developing or reporting
predetermined results.
My compensation for completing this assignment is not contingent upon the
development or reporting of a predetermined value or direction in value that favors the
cause of the client, the amount of the value opinion, the attainment ora stipulated result,
or the occurrence of a subsequent event directly related to the intended use of this
appraisal.
To the best of my knowledge and belief, the statements of fact contained in this
appraisal report, upon which the analyses, opinions, and conclusions expressed herein
are based, are true and correct.
This appraisal report sets forth all of the limiting conditions (imposed by the terms of
my assignment or by the undersigned) affecting the analyses, opinions, and conclusions
contained in this report.
This appraisal report has been made in conformity with the Uniform Standards of
Professional Appraisal Practice adopted by the Appraisal Standards Board of the
Appraisal Foundation, and is subject to the requirements of the Code of Professional
Ethics and Standards of Professional Conduct of the National Association of Realtors
Appraisal Section.
12
10. No one other than the undersigned prepared the analyses, conclusions, and
opinions concerning real estate that are set forth in this appraisal report.
Certified General Appraiser
GA-000014-L
13
LARRY E. FOOTE
REAL ESTATE APPRAISER
EXPERIENCE:
1979-Present: Chief Appraiser, Diversified Appraisal Services, Carlisle, Pa.
Principal Broker, LaRue Development Company, Carlisle, Pa.
1976-1979: Associate Broker, Colonial Realty, Carlisle, Pa.
1972-1976: Realtor Associate, Jack Gaughen Realtor, Carlisle, Pa.
Appraisal experience included undeveloped land, farms, building lots, single-family dwellings, mobile
home parks, medical centers, nursing homes, motels, apartment buildings and complexes, office
buildings, service stations, veterinary clinics, rehabilitation centers, retail buildings, daycare centers,
warehouses, and manufacturing facilities.
EDUCATION:
Bachelor of Business Administration, pennsylvania State University, 1976.
Associate Bachelor of Business Administration, Harrisburg Area Community
College, 1974.
Diploma, Carlisle Senior High School, 1965.
Certificate, Pennsylvania Realtors Institute, GRI I, GRI II, GRI III.
Certificate, Realtors National Marketing Institute, CI 101, CI 102, CI 103, CI 104,
CI 105.
Standards of Professional Practice, American Institute of Real Estate Appraisers.
Real Estate Appraisal Principles, American Institute of Real Estate Appraisers.
Residential Valuation, American Institute of Real Estate Appraisers.
Appraisal Procedures, Appraisal Institute.
Principles of Income Property Appraising, Appraisal Institute.
Case Studies in Real Estate Valuation, Appraisal Institute.
Report Writing and Valuation Analysis, Appraisal Institute.
PROFESSIONAL LICENSES:
General Appraiser #(}A-000014-L, Commonwealth of Pennsylvania.
Real Estate Broker #RB-029729-A, Commonwealth of Pennsylvania.
PROFESSIONAL DESIGNATIONS:
GRI: Graduate of the Pennsylvania Realtors Institute, awarded by the Pennsyl=
vania Association of Realtors.
CRS: Certified Residential Specialist, awarded by the Realtors National Market-
ing Institute of the National Association of Realtors.
CCIM: Certified Commercial Investment Member, awarded by the Realtors
National Marketing Institute of the National Association of Realtors.
PROFESSIONAL ORGANIZATION AFFILIATIONS:
National Association of Realtors Appraisal Section.
Carlisle Association of Realtors.
Pennsylvania Association of Realtors.
National Association of Realtors.
Realtors National Marketing Institute.
14
PAST
CLIENTS:
Borough of Carlisle
Keystone Financial Mortgage
Cornerstone Federal Credit Union
Pennsylvania State Bank
Commerce Bank
Cumberland-Perry Association for Retarded Citizens
Carlisle Suburban Authority
Members 1't Federal Credit Union
Pennsylvania National Bank
Evans Financial Corporation
Cn'eenawalt & Company, CPA
Smith's Transfer Corporation
Carlisle Department of Parks and Recreation
Executive Relocation Services
Carlisle Area School District
Messiah Homes, Incorporated
ERA Eastern Regional Services
Pennsylvania Turnpike Commission
Chase Home Mortgage Corporation
Defense Activities Federal Credit Union
Pennsylvania State Employees Credit Union
PNC Mortgage Corporation
F&M Trust Company
National City Mortgage Corporation
Washington Mutual Home Loans, Inc.
Prudential Relocation Services
Lender's Choice
Market Intelligence, Incorporated
United Telephone Employees Federal Credit Union
Cumberland County Commissioners
Allstate Enterprises Mortgage Corporation
Dickinson College
PPG Industries, Incorporated
Gettysburg College
Redevelopment Authority of Cumberland County
Record Data Appraisal Services, Incorporated
First United Federal Savings Association
Fulton Bank
United States Marshall Service
GMAC Mortgage Corporation
Orrstown Bank
Letterkenny Federal Credit Union
BancPlus Mortgage Corporation
Coldwell Banker Relocation Services, Incorporated
Central Pennsylvania Savings Bank
Mellon Bank
Provident Home Mortgage Corporation
Drovers Bank
American Home Bank
Trans Union
M&T Mortgage Corporation
Cody Financial Mortgage Services
Waypoint Bank
Northwest Savings Bank
Blue Ball National Bank
Adams County National Bank
Countrywide Home Loans
Aarrow Mortgage
Various law firms and individuals
15
PHOTOGRAPHS OF THE SUBJECT IMPROVEMENTS
16
PHOTOGRAPHS OF THE SUBJECT IMPROVEMENTS
17
COMPARABLE SALE NUMBER 1
18
COMPARABLE SALE NUMBER 2
19
COMPARABLE SALE NUMBER
2O
CERTIFICATION OF NOTICE UNDER RULE 5.6(a)
Name of Decedent:
Date of Death:
Estate No.:
ARTHUR S. KECK
DECEMBER 20, 2002
21-03-0011
To the Register:
I certify that notice of the beneficial interest required by Rule 5.6(a) of the Orphan's
Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate
on April 16,2003 .
Name Address
Arthur R. Keck
Donald E. Keck
Pauline E. Keck
52 Marilyn Drive, Carlisle, PA 17013
245 W. Middlesex Drive, Carlisle, PA 17013
45 Bobcat Road, Carlisle, PA 17013
Ronald L. Keck
205 Race Street, Boiling Springs, PA 17007
Notice has now been given to all persons entitled thereto under/fl~le 5.6(a)~spt none.
Date: 04/16/03 Sig~
VIN' McKNIGHT & HUGHEs
N~~A. McKnight III,~
Address 60 West o
!
Carlisle, PA 17013
Capacity:
Telephone (717) 249-2353
__ Personal Representative
X Counsel for Personal Representative
IN RE:
ESTATE OF
ARTHUR S. KECK,
Deceased
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 2003-0011
IN RE: HEARING DATE
ORDER OF COURT
AND NOW, May 5, 2003, hearing on the Petition for Restraining Order
and for Possession of Real Estate set for June 2, 2003, is continued to
Friday, June 6, 2003, at 9:30 a.m. in Courtroom No. 3; counsel to notify all
interested parties.
Edward L. Schorpp, Esquire
Ten East High Street
Carlisle, PA 17013
For the Petitioner
Marcus A. McKnight III, Esquire
60 West Pomfret Street
Carlisle, PA 17013
For the Respondent
By the Court,
P.d.
ROGER B. IR WIN
MARCUS A. McKNIGHT, II1
JAMES D. HUGHES
REBECCA R. HUGHES
DOUGLAS G. MILLER
LAW OFFICES
IRWIN McKNIGHT & HUGHES
WEST POMFRET PROFESSIONAL BUILDING
60 WEST POMFRET STREET
CARLISLE, PENNSYLVANIA 17013-3222
(717) 249-2353
FAX (717) 249-6354
E-MAIL: IMHLAW@SUPERNET. COM
HAROLD S. IRWIN (1925-1977)
HAROLD S. IRWIN,, JR. (1954-1986)
IRWIN,, IRWIN&IRWIN (1956-1986)
IRWIN, IRWIN & McKNIGHT (1986-1994)
IRWIN, Mci(NIGHT & HUGHES (1994-
June 2, 2003
PRESIDENT JUDGE GEORGE E. HOFFER
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
CUMBERLAND COUNTY COURTHOUSE
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
RE: ESTATE OF ARTHUR S. KECK, DECEASED
2003-0011
Dear Judge Hoffer:
This letter is to confirm that the hearing set for 9:30 a.m. on Friday, June 6, 2003 has
been continued generally by the parties in order to determine if the matter can be resolved. We
will contact you if the hearing needs to be rescheduled.
MAM:sls
cc: Mr. Ronald L. Keck
Stan A. Skowronek, Appraiser
Very truly yours,
IRWIN, Mc~IGHT & HUGHES
IN RE:
ESTATE OF ARTHUR S. KECK
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 2003 - 0011
: ORPHAN'S COURT DIVISION
___ ~ ORDER OF COURT
AND NOW, this day of June 2003, upon agreement of the parties, the hearing on
the Petition for Restraining Order for the Possession of Real Estate scheduled for Friday, June 6,
2003, at 9:30 a.m. in Courtroom No. 3 is hereby continued generally.
Marcus A. McKnight, IH, Esq.
60 West Pomfret Street
Carlisle, PA 17013
For the Respondent
Edward L. Schorpp, Esq.
Anthony Lucido, Esq.
Ten East High Street
Carlisle, PA 17013
For the Petitioner
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT. 280601
HARRISBURG, PA 17128-0601
RECEIVED FROM:
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
NO.
CD
REV-1162 EX(11-96)
0O2897
MCKNIGHT MARCUS A III
60 W POMFRET STREET
CARLISLE, PA 17013
........ fold
ESTATE INFORMATION: SSN: 174-05-2917
FILE NUMBER: 2103-0011
DECEDENT NAME: KECK ARTHUR S
DATE OF PAYMENT: 08/14/2003
POSTMARK DATE: 00/00/0000
COUNTY: CUMBERLAND
DATE OF DEATH: 12/20/2002
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
101 $5,000.00
TOTAL AMOUNT PAID:
$5,000.00
REMARKS: MARCUS MCKNIGHT ESQUIRE
SEAL
CHECK# 020077
INITIALS: VZ
RECEIVED BY:
DONNA M. OTTO
DEPUTY REGISTER OF WILLS
REGISTER OF WILLS
August 18, 2003
Law Offices of
Irwin, McKnight & Hughes
West Pomfret Professional Bldg.
60 West Pomfret St.
Carlisle, Pa. 17013-3222
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPARTMENT 280601
HARRISBURG, PA 17128-0601
'03 ,:::0 26 :', ::;' ','- 1
Telephone
(717) 787-3930
FAX (717) 772-0412
Dear Mr McKnight:
Re:
Estate of Arthur S. Keck
File Number 2103-0011
This is in response to your request for an extension of time to file the Inheritance Tax Return for
the above estate.
In accordance with Section 2136 (d) of the Inheritance and Estate Tax Act of 1995, the time for
filing the return is extended for an additional period of six months. This extension will avoid the
imposition of a penalty for failure to make a timely return. However, it does not prevent interest from
accruing on any tax remaining unpaid after the delinquent date.
The return must be filed with the Register of Wills on or before March 20,2004. Because Section
2136 (d) of the 1995 Act allows for only one extra period of six (6) months, no additional extension(s)
will be granted that would exceed the maximum time permitted.
Sin~.r.~y, ..,~
Document~s~ing Unit
Inheritance Tax Division
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and sutmitted in dupl i<'"ate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argunent Court.
---------------------------------------------------------------------------------------
CAPTION OF CASE
(entire caption must be stated in fullf
PAULINE E. KECK,
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( Plaintiff)
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vs.
RONALD L. KECK,
EXECUTOR OF THE ESTATE OF
ARTHUR S. KECK, DECEASED, AND
RONALD L. KECK, INDIVIDUALLY,
N
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( Defendant)
No. 03-1522
Civil
JIl) 2003
I. State matter to be argued (i.e.. plaintiff's lIDtion for new trial. defendant's
demurrer to ccmplaint. etc.):
Defendant's Preliminary Objections
2. Identify counsel who will argue case:
(a)
for plaintiff:
Address :
Marcus A. McKnight, III, Esquire
IRWIN McKNIGHT & HUGHES
60 West Pomfret Street, Carlisle, PA 17013
(b)
for defendant:
Address:
Anthony T. Lucido, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street, Carlisle, PA 17013
3. I will notify all. parties in writing within !:'NO days that this case has
been listed for argunent.
4. Argunent Court Date:
July 23, 2003
A---t.?
Anthony T. Lucido, Esquire
Cl
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PAULINE E. KECK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RONALD L. KECK, EXECUTOR OF
THE ESTATE OF ARTHUR S. KECK,
DECEASED, AND RONALD L. KECK,
INDIVIDUALLY,
Defendants
CIVIL ACTION
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v.
NO. 03- 1,t').J.
IN EQUITY
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to do
so, the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
MARTSON DEARDORFF WILLIAMS & OTTO
Bu~~~4r
Edward L. Schorpp, Esqui
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
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Created: 3125J03lJ:2c16AM
Revised: 3126103 10:42:45 AM
PAULINE E. KECK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
---
NO. 03- /":'.2:L
CIVIL ACTION
RONALD L. KECK, EXECUTOR OF
THE ESTATE OF ARTHUR S. KECK,
DECEASED, AND RONALD L. KECK,
INDIVIDUALLY,
Defendants
IN EQUITY
COMPLAINT
AND NOW, comes the Plaintiff, Pauline E. Keck, by and through her attorneys, MARTS ON
DEARDORFF WILLIAMS & OTTO, and files this Complaint against the Defendants upon the
following:
1. Plaintiff Pauline E. Keck resides at 45 Bobcat Road, Carlisle, Cumberland County,
Pennsylvania, and is the widow of Arthur S. Keck (herein, "Decedent"), who died on
December 20, 2002.
2. Defendant Ronald L. Keck is an adult individual who resides at 205 Race Street,
Boiling Springs, Cumberland County, Pennsylvania, and is the duly appointed Executor of
Decedent's Estate by virtue of Letters Testamentary granted to him by the Register of Wills of
Cumberland County on January 7, 2003 at Estate No. 2003-011.
3. Defendant Ronald L. Keck is one of three surviving sons of the Decedent, and is the
residuary legatee of Decedent's entire estate under Decedent's Will duly probated in Book 17 -113-1,
a copy of which is attached as Exhibit "A".
4. Plaintiff and the Decedent were married on October 23, 1933, in Carlisle,
Pennsylvania.
5. Plaintiff and the Decedent resided together as husband and wife at all times from the
date of their marriage through the Decedent's death on December 20,2002.
6. During the marriage, and continuing through Decedent's death, Plaintiff nurtured and
cared for the Decedent, remained a dutiful and faithful wife, performed the duties of housewife,
assisted in the raising of the parties' children and, upon Decedent's insistence, regularly worked in
his shoe repair shop without compensation.
7. During the marriage and through the time of his death, Decedent mentally abused the
Plaintiff, threatened her with physical harm from time to time, and caused her to become
psychologically and economically dependent, incapable of exerting her own will, as follows:
a. On several occasions, and during the two years prior to his death, the
Decedent threatened Plaintiff with physical harm, pushed her around,
threatened to kill her, and told her to "pack her bags and get out;"
b. Despite her oft repeated requests, Decedent refused to allow Plaintiff to
become employed, notwithstanding his insistence that she work for him in his
shoe repair shop without pay, and continuously berated her for expressing a
desire to become gainfully employed;
c. Decedent intentionally refused to allow Plaintiff to become gainfully
employed so as to cause her to become totally and permanently,
psychologically and economically dependent upon him for her every basic
need, thus making her a hostage in the home;
d. Throughout the marriage Decedent refused to give Plaintiff any money, even
to the extent of providing insufficient funds to purchase basic necessities;
e. During the marriage Decedent secreted and isolated all ofthe parties assets
into his separate ownership, titling all liquid assets and the parties' marital
residence at 45 Bobcat Road, Carlisle, Pennsylvania, in his sole name; and
f. Approximately 20 - 30 years ago, Decedent forged Plaintiffs signature to
various deeds for certain jointly owned properties conveyed by the Decedent
without her joinder; thereafter, Decedent deliberately caused all assets
acquired by the parties to be titled separately in his name.
8. Throughout the marriage, Plaintiff dutifully performed parenting and housekeeping,
devoted substantial assistance to him in his business and made substantial contribution to the
acquisition of all marital assets.
9. Plaintiff provided substantial physical labor in the construction of the marital
residence.
10. Decedent engaged in a deliberate pattern of excluding Plaintiff from ownership of
assets acquired during the marriage, all in furtherance of his scheme to gain total economic
domination of Plaintiff.
II. Decedent engaged in the systematic and continuous infliction of mental and emotional
abuse upon Plaintiff and so psychologically and emotionally abused her that she became an
economic and emotional dependent of the Decedent, subject to his total and complete domination
and control, leaving her without the ability and will to resist his control or to seek her independence
through separation, divorce or other means.
12. Decedent's total psychological domination of Plaintiff caused her to live under
conditions of involuntary servitude.
13. In addition to intentionally depriving Plaintiff ofthe economic fruits of the marriage
by devising all of the assets acquired during the marriage to his son, Ronald 1. Keck, Plaintiff
believes, and therefore avers, that Decedent gifted substantial sums of money to his son in the
months prior to his death so as to further deprive Plaintiff of assets acquired during the marriage.
14. Decedent's conduct has left Plaintiff without the economic means to provide for her
basic needs and without the wherewithal to live according to the standard ofliving to which she is
entitled as a result of her efforts during the marriage.
COUNT I - CONSTRUCTIVE TRUST
Pauline E. Keck v. Ronald 1. Keck. Executor of the
Estate of Arthur S. Keck. and Ronald 1. Keck. Individuallv
15. The averments of Paragraphs 1-14, inclusive, of this Complaint are incorporated
herein as if set forth in full.
16. All of the assets comprising Decedent's estate were acquired during the marriage of
Plaintiff and Decedent, the acquisition of which resulted from Plaintiff contributing substantial effort
and services without remuneration or compensation from Decedent.
17. As the wife of Decedent, Plaintiff had every expectation that she would receive all
of the parties' jointly acquired assets upon Decedent's death.
18. Notwithstanding, Decedent secreted and segregated all ofthe assets acquired during
the marriage under his sole and separate ownership by titling all liquid accounts and the parties'
marital residence in his sole name, and thereupon excluding Plaintiff from receiving the fruits of her
lifetime labors in his Will.
19. None of the assets comprising Decedent's estate were acquired during Decedent's
lifetime by gift, inheritance or in any other manner other than through the efforts and contributions
of Decedent and Plaintiff, and Plaintiffs contributions were made without remuneration or
accumulation of ownership equity.
20. Defendant, Ronald L. Keck, Executor of the Estate of Arthur S. Keck, currently holds
title to all estate assets and is subject to an equitable duty to convey the same to Plaintiff.
21. In addition to having been appointed Executor of the estate, Defendant, Ronald L.
Keck, is the sole legatee of the estate and, without the intervention of equity, will be unjustly
enriched should he receive the estate assets.
22. All of the estate assets are subject to the imposition ofa constructive trust for the sole
benefit of Plaintiff.
23. Throughout the marriage, Decedent caused such fraud, duress, and undue influence
upon the Plaintiff that all of the assets acquired during the marriage should be subject to a
constructive trust under this Court's equitable jurisdiction.
WHEREFORE, Plaintiff requests the imposition of a constructive trust in her benefit upon
all of the estate assets and the transfer of ownership of the assets to her as the rightful and equitable
owner.
COUNT II - UNJUST ENRICHMENT
Pauline E. Keck v. Ronald L. Keck. Individuallv
24. The averments of Paragraphs 1-23, inclusive, of this Complaint are incorporated
herein as if set forth in full.
25. By virtue of the Decedent's Will, and as a result of Decedent titling all marital assets
under his sole and separate name during the marriage, Defendant, as sole legatee under Decedent's
Will, has been conferred substantial economic benefit which is unjust.
26. Defendant has not renounced any claim to all, or any portion, of Decedent's estate.
27. The acceptance and retention of Decedent's entire estate by Defendant would be
inequitable and would result in the unjust enrichment of Defendant.
WHEREFORE, Plaintiff demands restitution from Defendant in amount equivalent to the
residual value of Decedent's estate.
MARTSON DEARDORFF WILLIAMS & OTTO
Date:
B~~
Edward L. Schorpp, squire
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
-
LAST WILL AND TESTAMENT
I ARTHUR S. KECK, of Lower Frankford Township, Cumberland County,
Pennsylvania, declare this instrument to be my Last Will and Testament, hereby expressly
revoking all Wills and Codicils heretofore made by me.
ONE: I direct my Executor to pay all of my debts, funeral and administrative expenses
as soon as may be done conveniently after my decease.
TWO: I give, devise, and bequeath all of my estate of every nature and wherever situate,
I give, devise, and bequeath to my son, RONALD E. KECK.
THREE: I appoint RONALD E. KECK, to serve as Executor of this my Last Will.
FOUR: My Executor may, at his discretion, compromise claims, borrow money, retain
property for such length of time as he may deem proper; lease and sell property for such prices,
on such terms, at public or private sales, as he may deem proper; and invest estate property and
income without restriction to legal investments.
Exhibit HA"
FIVE:
No Executor, acting hereunder shall be required to post
bond or enter security in this or any jurisdiction.
IN WITNESS WHEREOF, r have hereunto set my hand and seal this;'/f day of
November, 1998.
Ald~J 2dck
ARTHUR S. KECK
(SEAL)
Signed, sealed, published and declared by ARTHUR S. KECK, the above named
Testator, as and for his Last Will and Testament, in the presence of us, who, at his request and in
his presence and in the presence of each other have subscribed our names as witnesses hereto.
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ACKNOWLEDGMENT AND AFFIDAVIT
WE, ARTHUR S. KECK, CHERYL L. CLELAND and SHARON L. SCHWALM,
the testator and witnesses respectively, whose names are signed to the foregoing instrument,
being first duly sworn, do hereby declare to the undersigned authority that the testator signed and
executed the instrument as his last will and that he had signed willingly, and that he executed it
as his free and voluntary act for the purpose herein 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 their
knowledge the testator was, at that time, eighteen years of age or older, of sound mind and under
no constraint or undue influence.
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ARTHUR ~ KECK
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CH YL L. CLELAND
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SHARON L. SCHWALM
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
Subscribed, sworn to and acknowledged before me by ARTHUR S. KECK, the testator
herein, and subscribed and swoTI}.lo before me by CHERYL L. CLELAND and SHARON L,
SCHWALM, witnesses, this~Y1tIay of November, 1998.
Notarial Seal
Martha L. Noel, Notary Public
Carlisle Bora, Cumbertand County
My Commission Expires Sept. 18. 1999
,em er, ennsy vama Association of otar as
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ov Notary Public
VERIFICATION
I verify that the statements contained herein are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. S 4904, relating to unsworn
falsification to authorities.
17U0ft1.~' I' ~~~~
Pauline E. Keck
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PAULINE E. KECK,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 03-1522 EQUITY TERM
RONALD L. KECK,
EXECUTOR OF
THE ESTATE OF
ARTHUR S. KECK,
DECEASED, AND RONALD L. :
KECK, INDIVIDUALLY,
Defendants
CIVIL ACTION
IN EQUITY
IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S
COMPLAINT
Before HOFFER. P. J. and HESS. J.
ORDER OF COURT
AND NOW, December"1l2003. upon consideration of the Preliminary
Objections of defendants to plaintiff's complaint, it is ordered and directed that
the objection with respect to jurisdiction is SUSTAINED, and the complaint is
dismissed.
vidward L. Schorpp, Esquire
Anthony T. Lucido, Esquire
Martson, Deardorff, Williams & Otto
Ten Eat High Street
Carlisle, PA 17013
For the Plaintiff
~rcus A. McKnight III, Esquire
60 West Pomfret Street .,
Carlisle, PA 17013
For the Defendants
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PAULINE E. KECK,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 03-1522 EQUITY TERM
RONALD L. KECK,
EXECUTOR OF
THE ESTATE OF
ARTHUR S. KECK,
DECEASED, AND RONALD L. :
KECK, INDIVIDUALLY,
Defendants
CIVIL ACTION
IN EQUITY
IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S
COMPLAINT
Before HOFFER. P. J. and HESS. J.
Hoffer. P.J.:
Before the court are the preliminary objections of the defendants,
Ronald L. Keck, et aI., to the complaint of the plaintiff, Pauline E. Keck.
The plaintiff brings this action in equity seeking a constructive trust against
the estate and against Ronald Keck individually. The defendant, Ronald
Keck, on behalf of himself and the Estate of Arthur Keck, has filed
Preliminary Objections to this equitable action. The first preliminary
objection contends that the plaintiff has failed to state an equitable basis
for relief when she already has adequate remedies at law and alleges
fraud by the defendant. The second preliminary objection avers that
jurisdiction in this court is not proper when the Orphan's Court has
exclusive jurisdiction over a decedent's estate and has already assumed
jurisdiction over Arthur S. Keck's Estate by granting letters of
administration.
FACTS
Plaintiff, Pauline E. Keck, and Arthur S. Keck ["Decedent"] were
married on October 27, 1933. Although neither filed any divorce action
over the court of their marriage, the parties apparently endured a long and
rocky marriage. The plaintiff brought criminal charges against the
decedent which resulted in an ARD disposition in 1999. Throughout their
marriage, the plaintiff was fully aware of the fact that the real estate
purchased by the decedent was placed into his name alone.
On December 20, 2002, Arthur Keck died. His will named one of his
sons, Ronald Keck, as his heir and the executor of his estate. Although
the plaintiff did not challenge the validity of the will, she did exercise her
right to elect against the will, asserting her spousal share of the estate.
The plaintiff now brings this action in equity against Ronald Keck,
Executor of the Estate and against Ronald Keck individually. She seeks a
constructive trust against the estate and against the son individually,
claiming the decedent had made financial gifts over the course of his
lifetime to his son, Ronald Keck. The defendant, Ronald Keck, on behalf
of himself and the Estate of Arthur Keck, has filed two Preliminary
Objections. First, the defendant objects to the imposition of a constructive
2
trust. Second, the defendant asserts that the jurisdiction in this court is not
proper.
DISCUSSION
We address the second preliminary objection first. As the defendant
objects to the jurisdiction being in the Court of Common Pleas, he argues
that the Orphan's Court has exclusive jurisdiction over a decedent's estate
and has already assumed jurisdiction over the decedent's estate by
granting letters of administration.
In his assertion, the defendant correctly relies upon Pope v.
Dascher.1 In Pope v. Dascher, the appellant brought an action in the
Court of Common Pleas in Philadelphia County seeking a constructive
trust to own title to shares of stock and real estate that were held in the
name of the decedent.2 Because the decedent had been holding title to
the property for the appellant's benefit, the appellant claimed that the
property were assets subject to a constructive trust. The appellee raised a
preliminary objection stating that jurisdiction for the case belonged to the
Orphan's Court, not the Court of Common Pleas.3 The Common Pleas
Court sustained this preliminary objection. The matter was appealed. On
appeal, the Supreme Court of Pennsylvania did not decide whether a
1 Pope v. Dasher, 429 Pa. 576, 240 A.2d 518 (1968).
2 Pope, 429 Pa. at 520.
3!Q."
3
constructive trust existed, but held that the even if there was a constructive
trust, proper jurisdiction for the case was in the Orphan's Court.
In coming to this conclusion, the Court examined the property
separately. First, the Court ruled that the Orphan's Court had exclusive
jurisdiction over the shares of stock because it was personal property.4
Secondly, the Court held that jurisdiction for the real estate, which would
be concurrent between the divisions, properly belonged in the Orphan's
Court because it had already assumed jurisdiction when it granted letters
by the register of wills.5
The case at bar is quite similar to Pope. Much like in Pope where
the Orphan's Court had granted letters by the register of wills, the
Orphan's case in the present case has also already granted letters of
administration prior to the filing of this case in the Common Pleas Court.
Therefore, the holding from Pope controls. Since the Orphan's Court has
already assumed jurisdiction, the jurisdiction over Arthur S. Keck's estate
belongs, not in this court, but in the Orphan's Court.6
4 Although amendments have been made to the Probate Code since the time Pope v.
Dascher was decided, the sections that the Court relied upon in rendering its opinion
have not changed. The Orphan's Court still has mandatory jurisdiction over the
adjudication of personal property held in the name of the decedent. The Orphan's Court
has concurrent jurisdiction over the adjudication of title to real estate. 20 Pa. C.SA
sections 711 (17) and 712 (1).
5 Pope, 429 Pa. at 521.
6 The plaintiff cites Binder v. Miller, 60 Pa. D&C 2d 675 (Phila. County 1973). However,
this case is factually distinguishable in that only a small portion of the property in Binder
was in the possession of the estate, whereas, all the property at issue in the present
4
CONCLUSION
The defendant's preliminary objection regarding jurisdiction is
sustained.
case is in the possession of the estate and is held by the personal representative of the
decedent. Further distinguishing Binder from the present case is the fact that none of the
properly at issue in Binder was titled in the name of the decedent, whereas in the
present case, all of the property at issue was titled in the decedent's name.
5
-.
PAULINE E. KECK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V ANlA
v.
NO. 03.1522
RONALD 1. KECK, EXECUTOR OF
THE ESTATE OF ARTHUR S. KECK,
DECEASED, AND RONALD 1. KECK,
lNDNIDUALL Y,
Defendants
CNIL ACTION
IN EQUITY
RULE TO SHOW CAUSE
AND NOW, thi~ +~ of ~~~~ is issued upon the Defendants to show
cause why the relief requested in Plaintiff's Motion for Reconsideration should not be granted. Rule
returnable within ~. days.
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PAULINE E. KECK,
Plaintiff
v.
RONALD L. KECK, EXECUTOR OF
THE ESTATE OF ARTHUR S. KECK,
DECEASED, AND RONALD L. KECK,
INDIVIDUALLY,
Defendants
AND NOW, this _ day of
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-1522
CIVIL ACTION
IN EQUITY
ORDER
, Plaintiff's Motion for Reconsideration is
Granted. Plaintiff's Complaint is transferred to the Orphans' Court.
J.
fIFILESIDATAFILE\GeneraI\Documentsll0604.3motreconlatl
Created \2i3\IC33.31PM
Revised: 1/2/04 11:15AM
106043
PAULINE E. KECK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03-1522
RONALD 1. KECK, EXECUTOR OF
THE ESTATE OF ARTHUR S. KECK,
DECEASED, AND RONALD 1. KECK,
lNDNIDUALLY,
Defendants
CNIL ACTION
IN EQUITY
PLAINTIFF'S MOTION FOR RECONSIDERATION
1. On April 2, 2003, Plaintiff Pauline E. Keck filed a Complaint in equity seeking the
imposition of a constructive trust for her benefit against the estate of her deceased husband, Arthur
S. Keck.
2. On April 30, 2003, the Defendants filed preliminary objections, claiming, inter alia,
that this Court lacked subject matter jurisdiction over Plaintiffs Complaint and that the Orphans'
Court was the proper judicial forum.
3. On December 18, 2003, the Court issued an Opinion and Order sustaining
Defendants' preliminary objections as to jurisdiction, holding that "since the Orphans' Court has
already assumed jurisdiction, the jurisdiction over Arthur S. Keck' s estate belongs, not in this court,
but in the Orphans' Court." Based on this conclusion, the Court dismissed Plaintiffs Complaint.
4. Plaintiff respectfully submits that the Court's dismissal of her Complaint was
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improper. Rather, the Court should have transferred the case to the Orphan's CCH.lrtpursuaitri'to
Pa.R.C.P.213(t).
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5. Rule 213( t) states, in pertinent part:
"When an action is commenced in a court which has no jurisdiction over the subject
matter of the action it shall not be dismissed if there is another court of appropriate jurisdiction
within the Commonwealth in which the action could originally have been brought but the court shall
transfer the action at the cost of the plaintiff to the court of appropriate jurisdiction. . ."
6. Similarly, 42 Ps.C.S. 95103 provides:
"If an appeal or other matter is taken to or brought in a court. . . which does not have
jurisdiction. . . the court shall not quash such appeal or dismiss the matter, but shall transfer the
record thereof to the proper tribunal of this Commonwealth, where the appeal or other matter shall
be treated as if originally filed in the transferee tribunal. . ."
7. The Pennsylvania Superior Court, inLucidorev.Novak, 391 Pa.Super. 46, 570A.2d
93 (1990) affirmed these principles when it held that a case may not be dismissed when brought in
the wrong court; rather, the court should transfer the matter to the correct division.
8. Based on the foregoing authorities, Plaintiff respectfully requests that the Court
reconsider its prior Order dismissing her Complaint and issue an amended Order transferring her
Complaint to the Orphans' Court.
MARTS ON DEARDORFF WILLIAMS & OTTO
B'.'~~
Edward L. Schorpp, Esquire
1. D. Number 17495
Anthony T. Lucido, Esquire
1. D. Number 76583
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: January 2,2004
Attorneys for Plaintiff
CERTIFICATE OF SERVICE
I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Plaintiff s Motion for Reconsideration was served this date by
depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as
follows:
Marcus A. McKnight, III, Esquire
IRWIN & McKINIGHT
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, P A 17013-3222
MARTS ON DEARDORFF WILLIAMS & OTTO
By Qn0v 3t (~IVVVIJ\,\[IL)
Ami J. Th ma
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: January 2,2004
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PAULINE E. KECK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03-1522 EQUITY TERM
RONALD L. KECK,
EXECUTOR OF THE ESTATE OF
ARTHURS.KECK,DECEASED,AND
RONALD L. KECK, INDIVIDUALLY,
Defendants
CIVIL ACTION
IN EQUITY
DEFENDANT'S ANSWER TO PLAINTIFF'S
MOTION FOR RECONSIDERATION
AND NOW this 12th day of February 2004, comes the Defendants, RONALD L.
KECK, EXECUTOR OF THE ESTATE OF ARTHUR S. KECK, DECEASED and
RONALD L. KECK, Individually, by and through his attorneys, Irwin & McKnight, and makes
the following Answer to the Plaintiffs Motion for Reconsideration:
1. The averments of fact contained in paragraph one (I) of the Motion for
Reconsideration are admitted. It is admitted that the Plaintiff, Pauline E. Keck, filed a Complaint
in Equity. It consisted of two (2) counts seeking both the imposition of a Constructive Trust in
Count I and a claim for Unjust Enrichment in Count IT.
2. The averments of fact contained in paragraph two (2) of the Motion for
Reconsideration are admitted.
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3. The averments of fact contained III paragraph three (3) of tile Motion: for
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4. The averments of fact contained in paragraph four (4) of the Motion for
Reconsideration are denied. On the contrary, Pa. R.C.P 213(f) is inappropriate in this case. This
rule applies only "when an action is commenced in a court which has no jurisdictions over the
subject matter of the action it shall not be dismissed if there is another court of appropriate
iurisdiction within the Commonwealth in which the action could orhdnallv have been
broul!ht...(Emphasis added). In this case, the Complaint sought equitable relief of the
imposition of constructive trust and unjust enrichment which appropriately could be brought in
Equity Court. The Plaintiff has already exercised her remedies available in the Orphans Court.
A transfer of this Complaint is not appropriate or permitted.
5. The averments of fact contained in paragraph five (5) of the Motion for
Reconsideration are admitted but inappropriate in this case.
6. The averments of fact contained in paragraph six (6) of the Motion for
Reconsideration are admitted. 42 Pa. C.S. Section 5103(a) deals with "an appeal or other
matter.. .". In this case, it is the relief sought by the Plaintiff which is inappropriate.
7. The averments of fact contained in paragraph seven (7) of the Motion for
Reconsideration are inappropriate in this case. In Lucidore v. Norack, 391 Pa.Super 46, 570
A.2d 93 (1990) the disputed issues were whether the "decedent lacked testamentary capacity"
and whether "an attorney exercised undue influence over and were in confidential relationships
with the decedent". Lucidore at p 94. The court appropriately transferred those issues to the
Orphan's Court. In this case, the Plaintiff has already filed all her available remedies in the
Orphan's Court. The Orphan's Court also has jurisdiction of all the assets. The Plaintiff is
2
seeking that the Court award her all the estate assets and all the residual value of the estate based
upon her complaints of abuse by the deceased during the marriage. The Orphan's Court has no
ability to provide the relief requested against the deceased. The Complaint should be dismissed
and not transferred. In Pope v. Dascher 429 Pa. 576, 240 A2d 518 (1968) the Court held simply
that jurisdiction was already in the Orphan's Court. As this Court in its opinion of December 18,
2003 correctly ruled at pp 4, "Since the Orphan's Court has already assumed jurisdiction, the
jurisdiction over the Arthur S. Keck Estate belongs not in Equity but in the Orphan's Court.
8. Based upon the foregoing authorities, Defendants respectfully request that the
Court dismiss the Motion for Reconsideration filed by the Plaintiff in this case.
Respectfully Submitted,
By:
Date: February 12, 2004
3
PAULINEE. KECK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03-1522 EQUITY TERM
RONALD L. KECK,
EXECUTOR OF THE ESTATE OF
ARTHURS. KECK, DECEASED, AND
RONALD L. KECK, INDIVIDUALLY,
Defendants
CIVIL ACTION
IN EQUITY
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, ill, Esquire, hereby certify that a copy of foregoing document
was served upon the following by depositing a true and correct copy of the same in the United
States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below
and addressed as follows:
Edward L. Schorpp, Esquire
Martson, Deardorff, Williams & Otto
10 East High Street
Carlisle, PA 17013
Attorney for Pauline F. Keck
By:
Date: February 12, 2004
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-1522 CIVIL
PAULINE E. KECK
Plaintiff
RONALD L. KECK, EXECUTOR
OF THE ESTATE OF
ARTHUR S. KECK, DECEASED
and RONALD L. KECK,
INDIVIDUALLY
ORDER OF COURT
AND NOW, April 2, 2004, by request of Anthony T. Lucido, Esquire,
counsel for the plaintiff, argument on the above matter is set for April 21,
2004.
Petitioner's brief is due by April 12, 2004; respondent's brief is due by
April 19, 2004.
By the Court,
P.J.
Anthony T. Lucido, Esquire
Martson Deardorff Williams & Otto
Ten East High Street
Carlisle, PA 17013
For the Plaintiff
Marcus A. McKnight III, Esquire
40 West Pomfret Street
Carlisle, PA 17013
For the Respondent
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PAULINE E. KECK,
Plaintiff
v.
RONALD L. KECK,
EXECUTOR OF THE ESTATE OF
ARTHUR S. KECK, DECEASED, AND
RONALD L. KECK, INDIVIDUALLY,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-1522 EQUITY TERM
CIVIL ACTION
IN EQUITY
PRAECIPE FOR ENTRY OF APPEARANCE
To Curtis R. Long, Prothonotary:
Please enter my appearance on behalf of the defendant, RONALD L. KECK, Executor
of the Estate of Arthur S. Keck, in the above captioned case.
Date: April 24, 2003
Respectfully submitted,
By:
IRWIN, Mc
arcus McKnight, III, Esquire
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(71 7) 249-2353
Attorney for defendant
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PAULINE E. KECK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO. 03-1522 EQUITY TERM
RONALD L. KECK,
EXECUTOR OF THE ESTATE OF
ARTHUR S. KECK, DECEASED, AND
RONALD L. KECK, INDIVIDUALLY,
Defendants
CIVIL ACTION
IN EQUITY
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certifY that a copy of attached Praecipe for
Entry of Appearance was served upon the following by depositing a true and correct copy ofthe
same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date
referenced below and addressed as follows:
Edward L. Schorpp, Esquire
10 East High Street
Carlisle, PAl 7013
By: arcus. Me ire
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Supreme Court J.D. No. 25476
Date: April 24, 2003
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SHERIFF'S RETURN - REGULAR
CASE NO: 2003-01522 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KECK PAULINE E
VS
KECK RONALD L ET AL
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JASON VIORAL
Sheriff or Deputy Sheriff o~
Cumberland County, Pennsylvania, who being duly sworn according to~law,
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says, the within COMPLAINT - EQUITY
was served upon
KECK RONALD L EXECUTOR OF THE ESTATE OF ARTHUR S KECK
the
DEFENDANT
, at 2002:00 HOURS, on the 4th day of April
2003
at 205 RACE STREET
BOILING SPRINGS, PA 17007
by handing to
RONALD KECK
a true and attested copy of COMPLAINT - EQUITY
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
3.45
.00
10.00
.00
31.45
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R. Thomas Kline '
04/07/2003
MDW&O
Sworn and Subscribed to before
By:
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me this /0 '::.
day of
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SHERIFF'S RETURN - REGULAR
CASE NO: 2003-01522 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KECK PAULINE E
VS
KECK RONALD L ET AL
JASON VIORAL
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EQUITY
was served upon
KECK RONALD L
the
DEFENDANT
, at 2002:00 HOURS, on the 4th day of April
2003
at 205 RACE STREET
BOILING SPRINGS, PA 17007
by handing to
RONALD KECK
a true and attested copy of COMPLAINT - EQUITY
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
?~'~~"~~,;:i.:.
R. Thomas Kline
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04/07/2003
MDW&O
Sworn and Subscribed to before
By:
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day of
~ J(J03 A.D.
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P othonotary ,
PAU.lINE E. KECK,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 03-1522 EQUITY TERM
RONALD L. KECK,
EXECUTOR OF
THE ESTATE OF
ARTHUR S. KECK,
DECEASED, AND RONALD L. :
KECK, INDIVIDUALLY,
Defendants
CIVIL ACTION
IN EQUITY
IN RE: PLAINTIFF'S MOTION FOR RECONSIDERATION
ORDER OF COURT
Hoffer, P.J.:
-
AND NOW, this 20th day of January, 2005, upon consideration of
Plaintiff's Motion for Reconsideration and Briefs submitted by both parties,
it is hereby ordered that Motion is GRANTED. Plaintiff's Complaint is
TRANSFERRED to the Orphans' Court Division.
.J.
Ami J. Thumma, Esq.
Ten E. High Street
Carlisle, PA 17013
(717)243-3341
Attorney for Plaintiff
Marcus A. McKnight III, Esq.
60 W. Pomfret Street
Carlisle, PA 17013
(717)249-2353
Attorney for Defendants .-,
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PAULINE E. KECK,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 03-1522 EQUITY TERM
RONALD L. KECK,
EXECUTOR OF
THE ESTATE OF
ARTHUR S. KECK,
DECEASED, AND RONALD L. :
KECK, INDIVIDUALLY,
Defendants
CIVIL ACTION
IN EQUITY
IN RE: PLAINTIFF'S MOTION FOR RECONSIDERATION
Hoffer, P.J.
Before the court is the Plaintiff's Motion for Reconsideration of the
court's dismissal of her Complaint. On April 2, 2003, Plaintiff brought an
action in equity seeking imposition of a constructive trust against her
husband's (Arthur S. Keck, "Decedent") estate and her son, Ronald Keck,
the Defendants, individually. Defendants Answered and filed preliminary
objections to the Complaint, averring that jurisdiction in this court was not
proper, and that Orphans' Court was the proper judiCial forum for issues
concerning the distribution of property of Arthur Keck's estate. The court
agreed with the Defendants, and dismissed the Complaint for lack of
subject matter jurisdiction on December 18, 2003. It found that Orphans'
Court had assumed prior jurisdiction over Arthur Keck's estate by granting
letters of administration. On January 5, 2004, Plaintiff filed a Motion for
Reconsideration seeking a transfer of the case to Orphans' Court, and
both parties filed briefs on the issue.
STATEMENT OF FACTS
Plaintiff, Pauline E. Keck, and Arthur S. Keck ["Decedent"] were
married on October 27, 1933. Although neither filed any divorce action
over the course of their marriage, the parties apparently endured a long
and rocky marriage. Throughout their marriage, Decedent purposefully
excluded Plaintiff from ownership of their marital assets despite the fact
that Plaintiff contributed to the household by performing all household
duties, raising the parties' children, and working in Decedent's shoe repair
shop.
On December 20, 2002, Arthur Keck died. His will named one of his
sons, Ronald Keck, as his heir and the executor of his estate to which he
was appointed to on January 7, 2003. Although the plaintiff did not
challenge the validity of the will, she did exercise her right to elect against
the will, filing for her spousal share on March 3, 2003.
Plaintiff then brought an action in equity against Defendants seeking
a constructive trust for her benefit, claiming that the decedent had made
financial gifts over the course of his lifetime to his son, and that he would
be unjustly enriched if he also received all estate assets. After the court
granted the Defendant's Preliminary Objection to jurisdiction and
dismissed the case, the Plaintiff filed a Motion for Reconsideration which
2
averred that the court should have transferred the case to the correct
division pursuant to Pa.R.Civ.P. 213(f), Pa.Con.Stat. tit. 42, ~ 5103,
instead of dismissing it.
DISCUSSION
The issues in this case are whether the Orphans' Court has proper
jurisdiction over the Plaintiff's Complaint, and if so, whether the court must
transfer the case to that forum instead of dismissing it. Because the
Orphans' Court assumed jurisdiction over all the assets of Arthur Keck's
estate, an action for imposition of a constructive trust of estate assets for
her benefit belongs in Orphans' Court. In addition, since an action filed in
an improper tribunal must be transferred to the appropriate one instead of
dismissed when the matter is justiciable, the instant case must be
transferred to Orphans' Court.
I. Jurisdiction is Proper Because Orphans' Court Assumed
Jurisdiction over Matters Concernina the Decedent's Estate.
The jurisdiction of Orphans' Court is set out in Pa.Cons.Stat.Ann. tit.
20, ~ 711-712 (2004). It has mandatory jurisdiction over adjudication of
personal property held in the name of decedent, and concurrent jurisdiction
with Common Pleas over the adjudication of title to real estate. !.Q.
Although constructive trusts are excluded from mandatory jurisdiction,
Orphans' Court has concurrent jurisdiction over matters involving the
determination of persons to whom title to realty has passed. Moreover, the
3
Pennsylvania Supreme Court held that when Orphans' Court has already
assumed jurisdiction prior to the filing of a case in Common Pleas, by
granting letters of administration, jurisdiction over continuing matters, even
constructive trust claims, is vested there. See Pope v. Dascher, 429 Pa.
576, 577 (1968). The court also noted that "it is well established that
orderly judicial procedure dictates that the court which first acquires
jurisdiction over a matter be permitted to decide all questions relating
thereto." .!.!i at 583.
In Pope. the appellant brought an action in the Court of Common
Pleas seeking a constructive trust to own title to shares of stock and real
estate that were held in the name of the decedent. 429 Pa. at 579. The
appellee raised a preliminary objection stating that jurisdiction was
improper in Common Pleas, and was vested in Orphans' Court. .!.!i The
court sustained the objection, and dismissed the case. On appeal, the
court first reasoned that Orphans' Court had exclusive jurisdiction over
shares of stock because it was personal property. Second, it reasoned
that concurrent jurisdiction for real estate properly belonged in the
Orphans' Court because it had already assumed jurisdiction when it
granted letters by the register of wills. .!.!i at 584.
In the case at bar, the court in granting the Defendant's preliminary
objections affirmatively answered whether Orphans' Court has proper
jurisdiction. It stated, "Since the Orphans' Court has already assumed
4
jurisdiction, the jurisdiction over Arthur S. Keck's estate belongs, not in this
court, but in the Orphans' Court." See prior Opinion at 4. Defendants
themselves argued in filing preliminary objections that Orphans' Court had
exclusive jurisdiction over further challenges to Arthur Keck's will.' Like
the Pope case, the Orphans' Court has already granted letters of
administration prior to the filing of this case in Common Pleas. Second,
although constructive trusts are excluded from mandatory jurisdiction,
Orphans' Court has concurrent jurisdiction to determine to whom real
estate may be passed. This concurrent jurisdiction is properly vested with
Orphans' Court because it has previously assumed jurisdiction, and has a
continuing duty to determine to whom real estate is passed.
II. Plaintiff's ComDlaint Was Filed in the Wrona Court and Must
be Transferred to OrDhans' Court.
The purpose of a unified court system with separate divisions is to
simplify procedure and remove archaisms from the courts. See
Commonwealth v. Wadzinski, 485 Pa. 247, 254 (1978). The Pennsylvania
Supreme Court stated if a matter is justiciable and there is jurisdiction
within the divisions of the Court of Common Pleas to hear it, the remedy in
this multi-division court is not a dismissal, but a transfer of the matter to the
correct division. kl This principle is reflected in Pa.Con.Stat. tit. 42, sec.
5103 which states:
, See Defendants' Preliminary Objections to Plaintiff's Complaint ~~ 14-16.
5
If an appeal or other matter is taken to or brought in a
court or magisterial district of this Commonwealth which does
not have jurisdiction of the appeal or other matter, the court or
district justice shall not quash such appeal or dismiss the
matter, but shall transfer the record thereof to the proper
tribunal of this Commonwealth...
Further, the Pennsylvania Rules of Civil Procedure 213(f), states:
When an action is commenced in a court which has no
jurisdiction over the subject matter of the action it shall not be
dismissed if there is another court of appropriate jurisdiction
within the Commonwealth in which the action could have been
brought, but the court shall transfer the action at the cost of
the plaintiff to the court of appropriate jurisdiction...
In addition, in Lucidore v. Novak. 570 A.2d 93, 94 (1990), the civil division
of Common Pleas found that it lacked the jurisdiction to hear an equity
action that alleged the decedent's will was obtained as a result of undue
influence. The civil division refused to transfer the action to Orphans'
Court, which had jurisdiction, and dismissed the matter. On appeal,
Superior Court held that dismissal was improper merely because it was
brought before the incorrect division, and remanded it back to Orphans'
Court. .!.Q., at 95. It relied on the mandatory language of Pa.Con.Stat. tit.
6
42, ~ 5103, which states that "a court lacking jurisdiction shall transfer the
action..." (Emphasis added) .!.Q.,
Similar to the civil division in the lucidore case, this court lacks
proper jurisdiction to hear the Plaintiff's claims. Orphans' Court has proper
jurisdiction over the constructive trust claim because it assumed
jurisdiction over all matters concerning distribution of Arthur Keck's estate.
Similar to the plaintiffs in lucidore, Plaintiff claims that undue influence
upon her permitted Decedent to keep all marital assets in his name, and
now brings a claim that concerns how estate assets should be distributed.
Therefore, lucidore and the aforementioned statutes are controlling.
Defendant argues that since the plaintiff already elected her spousal
intestate share in Orphans' Court that she has exhausted all her remedies,
and that Orphans' Court is precluded from granting her any further
equitable relief on this matter. Therefore, he argues, there is no other
court of appropriate juriSdiction that is able to grant relief, and the matter
must be dismissed, not transferred. Generally, "where the legislature
provides a statutory remedy which is mandatory and exclusive, equity is
without power to act, and a jurisdictional question is presented." Deluca v.
Buckeve Coal Co.. 463 Pa. 513, 519 (1975). However, there is no such
jurisdictional question present here. Orphans' Court already acquired
exclusive jurisdiction over distribution issues of Arthur Kirk's estate by
7
42, 9 5103, which states that "a court lacking jurisdiction shall transfer the
action..." (Emphasis added) !Q.
Similar to the civil division in the lucidore case, this court lacks
proper jurisdiction to hear the Plaintiff's claims. Orphans' Court has proper
jurisdiction over the constructive trust claim because it assumed
jurisdiction over all matters concerning distribution of Arthur Keck's estate.
Similar to the plaintiffs in lucidore, Plaintiff claims that undue influence
upon her permitted Decedent to keep all marital assets in his name, and
now brings a claim that concerns how estate assets should be distributed.
Therefore, lucidore and the aforementioned statutes are controlling.
Defendant argues that since the plaintiff already elected her spousal
intestate share in Orphans' Court that she has exhausted all her remedies,
and that Orphans' Court is precluded from granting her any further
equitable relief on this matter. Therefore, he argues, there is no other
court of appropriate jurisdiction that is able to grant relief, and the matter
must be dismissed, not transferred. Generally, "where the legislature
provides a statutory remedy which is mandatory and exclusive, equity is
without power to act, and a jurisdictional question is presented." Deluca v.
Buckeve Coal Co.. 463 Pa. 513, 519 (1975). However, there is no such
jurisdictional question present here. Orphans' Court already acquired
exclusive jurisdiction over distribution issues of Arthur Keck's estate by
7
granting of the letters. It will decide whether Plaintiff's actions preclude her
from recovering on the equitable theory of constructive trust.
The court in Pope held that Orphans' Court acquired prior jurisdiction
over distribution of realty in decedent's name, and under section 304 of the
Orphans' Court Act of 1951 (currently, See 20 Pa.C.SA 9701) has "all
legal and equitable powers required for or incidental to the exercise of its
jurisdiction." 429 Pa. at 584. Furthermore, Orphans' Court has mandatory
jurisdiction over distribution of personalty of a decedent's estate. 20
Pa.C.SA 9 711. A question of whether a constructive trust consisting of
estate assets may be set up for the benefit of the plaintiff is a matter of
distribution of the estate. Therefore, in this case, Orphans' Court has all
the equitable powers of Common Pleas Court to fashion appropriate relief
concerning distribution of realty(concurrent jurisdiction became mandatory
because of prior jurisdiction) and personalty of Decedent's estate even
where a plaintiff has already received a legal remedy.
This case is transferred to Orphans' Court pursuant to Pennsylvania
law.
8
PAULINE E. KECK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03-1522 EQUITY TERM
RONALD L. KECK,
EXECUTOR OF THE ESTATE OF
ARTHUR S. KECK, DECEASED, AND
RONALD L. KECK, INDIVIDUALLY,
Defendants
CIVIL ACTION
IN EQUITY
DEFENDANT'S PRELIMINARY OBJECTIONS
TO PLAINTIFF'S COMPLAINT
AND NOW this
day of April, 2003, comes Defendant, RONALD L. KECK,
EXECUTOR OF THE ESTATE OF ARTHUR S. KECK, DECEASED and RONALD L.
KECK, Individually, by and through his attorneys, Irwin, McKnight & Hughes, and makes the
following Preliminary Objections to Plaintiff's Complaint, and in support thereof avers the
following:
I. Preliminary Objection in the Nature of a Demurrer Pursuant to Pa. R.Civ. P.
1028(a)(4).
1. Plaintiff, Pauline E. Keck, filed a civil complaint on or about April 3, 2003
against Defendants Ronald L. Keck in his capacity as the Executor of the Estate of Arthur S.
Keck and against him individually, in summary alleging that Defendant, in his individual
capacity as the sole legatee of the estate, will become unjustly enriched should he receive the
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2. Arthur S. Keck died testate on December 20, 2002, and Defendant was appointed
Executor by virtue of Letters Testamentary granted to him by the Register of Wills of
Cumberland County on January 7,2003.
3. On or about March 3, 2003, Plaintiff filed a spousal election against Decedent's
estate.
4. Plaintiff has also filed numerous other petitions and pleadings in the Orphan's
Court of Cumberland County with regard to Decedent's estate.
5. Nevertheless, in what is believed to be a further attempt to delay the proper
administration of Decedent's estate, Plaintiff filed the instant action in equity only after the
passing of Decedent.
6. The basis of all of Plaintiff's allegations are harms attributable to the alleged
misconduct during the life of Decedent, Arthur S. Keck.
7. Plaintiff does not allege any tortious or otherwise improper conduct by Ronald L.
Keck in his capacity as Executor of the estate of decedent that would give rise to a claim against
said Ronald L. Keck in his individual capacity.
8. Plaintiff does not allege any improper action undertaken by Defendant Ronald L.
Keck in his individual capacity that gives rise to Plaintiff's claim.
9. Plaintiffs Complaint fails to state any cause of action against Defendant upon
which relief may be granted for the alleged abuses of Decedent.
10. Defendant preliminarily objects to Plaintiff's Complaint on the grounds that
Ronald L. Keck, in both his individual capacity and as Executor of Decedent's estate, is not a
proper party to this action and that the complaint is legally insufficient.
~
WHEREFORE, Defendant Ronald L. Keck, respectfully requests this Honorable Court
to grant his Preliminary Objections and dismiss Plaintiffs Complaint with prejudice.
II. Preliminary Objection Raising Lack of Jurisdiction Pursuant to Pa. R. Civ. P.
1028(a)(1).
11. Plaintiff's Complaint includes allegations that Defendant Ronald L. Keck is liable
to Plaintiff by virtue of his having been appointed Executor ofthe Estate of Arthur S. Keck.
12. Plaintiff's Complaint includes an allegation in paragraph 20 that as Executor,
Ronald L. Keck "holds title to all estate assets and is subject to an equitable duty to convey the
same to Plaintiff."
13. Plaintiff's Complaint also alleges that Defendant Ronald L. Keck individually is
the sole legatee under Decedent's Last Will and Testament.
14. 20 Pa.C.S.A. ~ 711(1) provides that the Orphans' Court has mandatory
jurisdiction over "the administration and distribution of the real and personal property of
decedents' estates. . . ."
15. Furthermore, 20 Pa.C.S.A. ~ 711(17) provides that the Orphans' Court has
mandatory jurisdiction over "the adjudication ofthe title to personal property in the possession of
the personal representative, or registered in the name of the decedent or his nominee, or alleged
by the personal representative to have been in the possession of the decedent at the time of his
death."
16. Plaintiff's Complaint was not filed in the Cumberland County Orphans' Court
which has mandatory jurisdiction over the claims raised by Plaintiff.
WHEREFORE, Defendant Ronald L. Keck, respectfully requests this Honorable Court
to grant his Preliminary Objections and dismiss Plaintiff's Complaint with prejudice.
Respectfully Submitted,
By:
Marcus A. , III,
Supreme urt ill No. 25476
West Po ft:et Professional Buildin
60 West PO~frer-StH;et _
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorney for Defendant
Dated: April 30, 2003
PAULINE E. KECK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03-1522 EQUITY TERM
RONALD L. KECK,
EXECUTOR OF THE ESTATE OF
ARTHUR S. KECK, DECEASED, AND
RONALD L. KECK, INDIVIDUALLY,
Defendants
CIVIL ACTION
IN EQUITY
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of foregoing document
was served upon the following by depositing a true and correct copy of the same in the United
States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below
and addressed as follows:
Edward L. Schorpp, Esquire
Martson, Deardorff, Williams & Otto
10 East High Street
Carlisle, PA 17013
ff & HUGHES
Dated: April 30, 2003
By: Marcus A. cKnig III, Esquire
Supreme Court ID No. 25476
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorney for Defendant
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INRE:
ESTATE OF ARTHUR S. KECK,
DECEASED
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 2003-0011
NOTICE TO PLEAD
TO: PAULINE E. KECK, and Edward L. Schorpp, Esquire
YOU ARE HEREBY NOTIFIED that you must responsively plead to the within
Answer with Counterclaim to Plaintiffs Complaint, pursuant to Pa. R.c.P. 2252(d) within twenty
(20) days after service, or a default judgment may be entered against you.
IRWIN & McKNIGHT
By:
Date: March 18,2005
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INRE:
ESTATE OF ARTHUR S. KECK,
DECEASED
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 2003-0011
ANSWER TO COMPLAINT WITH COUNTERCLAIM
AND NOW, this 18th day of March, 2005, comes the Defendant, Ronald L. Keck,
Executor of The Estate of Arthur S. Keck, Deceased, and Ronald L. Keck, Individually, by his
attorneys, Irwin & McKnight, and makes the following Answer to Complaint with Counterclaim
to the Complaint of the Plaintiff, Pauline E. Keck:
1.
The averments of fact contained in paragraph one (1) of the Complaint are admitted.
2.
The averments of fact contained in paragraph two (2) of the Complaint are admitted.
3.
The averments of fact contained in paragraph three (3) of the Complaint are admitted.
4.
The averments of fact contained in paragraph four (4) of the Complaint are admitted.
5.
The averments of fact contained in paragraph five (5) of the Complaint are specifically
denied. On the contrary, the marriage of the parties was marked by discord. There were several
separations and the Plaintiff even brought charges against the Decedent causing him a period of
imprisonment.
2
6.
The averments of fact contained in paragraph six (6) of the Complaint are specifically
denied. On the contrary, the Plaintiff was unfaithful to the Decedent and committed repeated
verbal and physical abuse upon the Decedent. The marriage was very difficult for the Decedent
and he was estranged from the Plaintiff for many years during which the parties were married.
7.
The averments of fact contained in paragraph seven (7) of the Complaint are specifically
denied. On the contrary, the Plaintiff always exerted her own will often to the detriment of the
Decedent's welfare.
A. On the contrary, the parties had a very contentious marriage marked by verbal
fights and several separations. On one occasion, the Plaintiff had the Decedent
arrested. This occurred within the last several years of the Decedent's life.
B. On the contrary, the Plaintiff refused to become employed. The parties were very
limited in income and the Plaintiff refused to work at even a part-time job which
increased the financial problems of the parties.
C. On the contrary, the Plaintiff refused to become employed even after the parties
began to receive social security. The Decedent was in very difficult financial
difficulties and the Plaintiff refused to help.
D. On the contrary, the Decedent was very generous to the Plaintiff even after he had
been arrested at her request.
E. On the contrary, the parties obtained some properties in joint name and the parties
later sold said properties. At the time of purchase, the 45 Bobcat Road property
was placed in the Plaintiffs sole name.
F. On the contrary, the Plaintiff never owned the present properties and the Decedent
never forged her signature to any legal documents.
3
8.
After reasonable investigation, Defendant is without knowledge or information sufficient
to form a belief as to the truth of the averments contained in paragraph eight (8) of the
Complaint, so they are therefore specifically denied and strict proof thereof is demanded at trial.
9.
After reasonable investigation, Defendant is without knowledge or information sufficient
to form a belief as to the truth of the averments contained in paragraph nine (9) of the Complaint,
so they are therefore specifically denied and strict proof thereof is demanded at trial.
10.
The averments of fact contained in paragraph ten (10) of the Complaint are specifically
denied. On the contrary, the Decedent did not engage in a pattern of buying and selling real
estate and has not engaged in the buying and selling of any real estate since August 7, 1987. The
Plaintiff knew or should have known of her status and could have taken action during her
lifetime by filing a divorce action or other legal action while the Decedent was alive to defend his
interests.
11.
The averments of fact contained in paragraph eleven (11) of the Complaint are
specifically denied. On the contrary, the Plaintiff had her own mind and sought her own counsel
and lived a life apart from the decedent. She could have filed for divorce but elected not to do
so. The Decedent did not control the Plaintiff.
4
12.
The averments of fact contained in paragraph twelve (12) of the Complaint are
specifically denied. On the contrary, the Plaintiff maintained her own friends and relationships.
In their later years, there were long periods of time when the Plaintiff and the Decedent failed to
talk to communicate with one another.
13.
The averments of fact contained in paragraph thirteen (13) of the Complaint are
specifically denied. On the contrary, the Decedent was on a fixed social security income for
years after his retirement. He had no additional funds to give to anyone and never gave any funds
to his son, Ronald L. Keck. Proof thereof is demanded.
14.
The averments of fact contained in paragraph fourteen (14) ofthe Complaint are
specifically denied. On the contrary, the Decedent lived on a fixed income as did the Plaintiff.
During the marriage, the Plaintiff took no steps to file any legal proceedings in a Divorce or to
seek spousal support. She is estopped from doing so now since the Decedent is no longer able to
defend himself. Said actions are not permitted by law after the death of one of the parties.
5
COUNT I
CONSTRUCTIVE TRUST
15.
The averments of fact contained in paragraphs one (1) through fifteen (15) of the Answers
of the Defendant are hereby incorporated by reference and made a part of this Answer to
paragraph fifteen of the Complaint.
16.
The averments of fact contained in paragraph sixteen (16) of the Complaint are
specifically denied. On the contrary, while the assets of the estate of Arthur S. Keck were
acquired during the marriage, the Plaintiff was never employed. She was supported by the
Decedent before he retired and received social security after his retirement.
17.
The averments of fact contained in paragraph seventeen (17) of the Complaint are
specifically denied. On the contrary, the Plaintiff and the Decedent had not purchased any assets
for years. The Plaintiff admits that the marriage was terrible and she should have had no
expectation of receiving assets from his estate, especially after having him arrested.
18.
The averments of fact contained in paragraph eighteen (18) of the Complaint are
specifically denied. On the contrary, the Decedent did nothing in secret. No real estate had been
purchased for many years. The Decedent had very little money and few assets other than the real
estate purchased in 1957. The marital residence was purchased in the name of the Decedent. He
never transferred it to himself.
6
19.
After reasonable investigation, Defendant is without knowledge or information sufficient
to form a belief as to the truth of the averments contained in paragraph nineteen (19) of the
Complaint, so they are therefore specifically denied and strict proof thereof is demanded at trial.
20.
The averments contained in paragraph twenty (20) of the Complaint are conclusions of
law to which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded at trial. Mr. Keck is required to
administer the estate and had been attempting to do so.
21.
The averments contained in paragraph twenty-one (21) of the Complaint are conclusions
of law to which no response is required. To the extent that a response is required, the averments
are specifically denied and strict proof thereof is demanded at trial. The Plaintiff is also a
beneficiary of the estate since she has elected against the will of her husband.
22.
The averments contained in paragraph twenty-two (22) ofthe Complaint are conclusions
of law to which no response is required. The Plaintiff has not stated sufficient facts to establish a
constructive trust. On the contrary, the Plaintiff is estopped from bringing actions she should
have brought while the Decedent was still alive and which are not to be permitted after the death
of one of the parties.
7
23.
The averments contained in paragraph twenty-three (23) of the Complaint are conclusions
of law to which no response is required. The Plaintiffs own conduct and treatment of the
Decedent do not entitle her to more than the share she has obtained by electing against the will of
Arthur S. Keck
COUNT II
UNJUST ENRICHMENT
24.
The averments of fact contained in paragraphs one (1) through twenty-four (24) of the
Answers of the Defendant are hereby incorporated by reference and made a part of this Answer
to paragraph twenty-four.
25.
The averments contained in paragraph twenty-five (25) of the Complaint are conclusions
of law to which no response is required. The Plaintiff is also a beneficiary of the estate because
she has elected against the will of Arthur S. Keck. She is entitled to her share of the estate. The
named legatee, Ronald L. Keck, is entitled to receive the remaining portion of the estate after
payment to the Plaintiff of her share.
26.
The averments of fact contained in paragraph twenty-six (26) of the Complaint are
admitted.
8
27.
The averments contained in paragraph twenty-seven (27) of the Complaint are
conclusions of law to which no response is required. The Plaintiff has elected against the will of
Arthur S. Keck and is by law a beneficiary of the estate. The Defendant, Ronald L. Keck, is
entitled to be a beneficiary of Arthur S. Keck's will.
WHEREFORE, Defendant, respectfully requests this Honorable Court to enter a
judgment in his favor and against Plaintiff in this matter, together with reasonable costs and
attorney fees, and such other and further relief as this Court deems just.
COUNTERCLAIM OF DEFENDANT
RONALD L. KECK. EXECUTOR OF THE ESTATE OF ARTHUR S. KECK.
DECEASED. AND RONALD L. KECK. INDIVIDUALLY
V.
PLAINTIFF. PAULINE E. KECK
AND NOW, this 18th day of March, 2005, comes the Defendant, Ronald L. Keck,
Executor of The Estate of Arthur S. Keck, Deceased, and Ronald L. Keck, Individually, by his
attorneys, Irwin & McKnight, and makes the following Counterclaim to the Complaint of the
Plaintiff, Pauline E. Keck
28.
The averments of fact contained in paragraphs one (1) through twenty-seven (27) of the
Answers of the Defendant are hereby incorporated by reference and made a part of this
Counterclaim.
9
29.
The real estate subject to the estate of Arthur S. Keck was purchased on May 4, 1957, in
the name of Arthur S. Keck in Deed Book W, Volume 17, Page 52, for the sum of $1,000.00.
No portion of the property was ever conveyed to anyone else.
30.
The following properties were conveyed by the Decedent, Arthur S. Keck and Pauline E.
Keck, which had been jointly owned by them:
A. To Stuart E. Lebo and Leona H. Lebo on August 7, 1987
Deed Book V, Volume 32, Page 961, for $27,500.00
B. To Irvin William Martin and Penny Lvnn Martin on July 14, 1983
Deed Book G, Volume 30, Page 1155, for $26,000.00
C. To Geore:e W. Paulus. Jr. on February 26, 1980
Deed Book W, Volume 28, Page 222, for $22,000.00
D. To Ronald E. Bowermaster and Anita C. Bowermaster on June II, 1976
Deed Book Q, Volume 26, Page 59, for $24,000.00
E. To Jacob M. Wert and Evelvn G. Wert on January 28, 1972
Deed Book L, Volume 24, Page 1008, for $9,000.00
F. To Marie L. Bvbee on October 14, 1981
Deed Book 0, Volume 29, Page 922, for $30,000.00
G. To Donald Eue:ene Keck on March 22, 1969
Deed Book D, Volume 23, Page 484, for $1.00
All these deeds were from the Plaintiff and the Decedent, Arthur Keck. None were
fraudulent. All were for consideration except for the gift to Donald Keck in 1969. At no time
was Defendant, Ronald L. Keck, benefited and no deeds were conveyed from Pauline Keck to
Arthur S. Keck.
10
The property owned by the estate has been owned by Arthur S. Keck since May 4, 1957,
until the date of his death. It was never hidden from the Plaintiff nor was the ownership changed
since its purchase.
31.
The Plaintiff cannot by law bring an action in divorce after the death of a Decedent. The
Complaint seeking unjust enrichment and a constructive trust is simply a divorce action seeking
equitable distribution after the death of a decedent.
32.
The Plaintiff is estopped from bringing the Complaint based on alleged abuse of the
Decedent who can no longer speak in his own defense.
33.
The claims of Plaintiff that after Arthur S. Keck retired on a fixed income that he gave
substantial sums of money to anyone are false and without any basis.
34.
The Plaintiff has been residing on the estate real estate without paying any rent to the
estate or paying any of the estate expenses such as taxes or insurance for the property.
35.
The estate seeks a reasonable rental and/or contribution from the Plaintiff for the
expenses of the estate required by the real estate in which she has been residing.
11
36.
The Plaintiff has failed to cooperate with the sale of the real estate in order to provide
funds sufficient to pay the inheritance tax and make any distribution to the beneficiaries of the
estate which include the Plaintiff.
37
The estate of Arthur S. Keck seeks to sell all or a portion of the real estate situate in
Lower Frankford Township and owned by Mr. Ronald L. Keck for nearly forty-eight (48) years
in order to pay estate expenses and the inheritance taxes.
38.
The Plaintiff who has resided in the dwelling at 45 Bobcat Road has failed to properly
maintain the single family dwelling and has caused significant damages to the dwelling and other
buildings on the property.
12
WHEREFORE, the Defendant, Ronald L. Keck, for himself and the estate of Arthur S.
Keck, seeks damages from the Plaintiff for the rental value of the dwelling, and expenses
required to be paid by the estate for property taxes and insurance with costs, legal fees, and
interest as permitted by the Court. The Defendant also seeks Court approval to sell or a portion
of the real estate to raise funds to pay expenses and his inheritance taxes due to the
Commonwealth of Pennsylvania.
Respectfully submitted,
IRWIN & McKNIGHT
By:
25476
Date: March 18,2005
13
ZOt.AT--Wll.rrantr 1""""'1. ~h"rt "'"rm. A('1 "rl!~~' BOOt4.W'l.l r'AGl ~2
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t!tbis meeb,
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of au,
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rd one thousand nine l1undr~d and
dOl/or ~
fifty-seven (19571
in fhe yrar
BET; _EN Randolph Anthony and Margaret Anthony, his wife' Lloyd
Anth, I and Evelyn Anthony his wife;Eva Cooper and Neil tooper her
husb, _diViola Plumbly and Carroll Plumbly, her husband;Alberta bavis
and '_ ville Davis, her husband;Mary McCombs and Everett McCombs,her
husba~di Roland Anthony (Single person) all of Marion, Ohio and Mar-
ian N~sslrode and John Neaslrode her husband of Cleveland, Ohio, and
Helen Anthqny (Widow) of ~~rion, Ohio, and Alberta Weigle and ~ohn
Weigle of varlisle R. D. , J} Cumberland County, Pennsylvania and
Leon h. Anthony (Single Man of the same place.
GranLtK s.
/1M ~,:,';hur S. Keck, Borour;h of C:JJ'liSle, Cwnberland Countv, Penn-
syl Vt~n i3
Grantee
WITNC'Sf-'TH, that ill COfI8idemtio.. of
Ten Hundred (~lOOO.aO)
i.. 114;, c' ,id, the reeeillt whereof is hereby aekllowledaed, the "aid arantorS dr,
and c, ,''J to the said omllt.e . his heirs and assig;ns
[)OWIr:-l,
hereuy gront
Towns.
as fo.'
L those three certain
0, Cumberland County,
: ows, to wi t:
tracts of land situate in Frankford
Pennsylvania, bounded and described
TRACT:~. BEGINNING at a black oak, a corner of land of W. H.
Riggl, "Ian and Wm. H. Thumma and others, thence by said lands North
fi ve i.rld one-half (5~) degrees ",ast eighty-five (85) perches to a
stone heap on or near the line between the counties of Cumberland
and h.rrvj thence by said county line, estimate course North eie;hty-
five \$S) df!srrAP~ K!lC::t' r\1"\.o. \...".......1_.........1 /,,....,("\\ .
80UK1V'1'i rAM J;j
B~ING TH~ same tracts of land which Mary A. Mentzer, by her
dee,l bearing date, the 29th day of September, 1915, and duly recorded
in l he Office of the Recorder of Deeds in and for Cumberland County,
Pe ".:nlvania, in Deed BooK "D", Vol. 14, Page 279, granted and con-
ve 'unto David ~dward Anthony.
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i whc.'
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The said Edward Anthony, also known as David Edward Anthony,
,n the 26th day of March, 1956, intestate, leaving to survive
l his sole heirs at law the followin~ living children all of
~re sui juris: Eva Anthony, now intermarried with Neil Cooper;
,lph Anthony; Roland Anthony; Viola Anthony, now intermarried
Carroll Plumbly; 110yd Anthony; Marian Anthony, now intermarried
John Nesslrodej Alberta Anthony, now intermarried with John
· . and Leon W. Anthony; and a deceased child, William Anthony,
teft to survive him his wife, Helen Anthony, and two children,
.'ca Anthony, now intermarried with Orville Davis, and Mary An-
i, now intermarried with Everett McCombs.
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Iletllng Agent
VERIFICATION
The foregoing document is based upon information which has been gathered by my
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unsworn falsification to authorities.
f:-,IC~ ~ K-4
RONALD L. KECK
Date:
MARCH 18, 2005
INRE:
ESTATE OF ARTHUR S. KECK,
DECEASED
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 2003-0011
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, ill, Esquire, hereby certify that a copy of attached document was
served upon the following by depositing a true and correct copy of the same in the United States
mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and
addressed as follows:
Edward L. Schorpp
Martson Deardorff Williams & Otto
10 East High Street
Carlisle, PA 17013
IRWIN & McKNIGHT
By:
Date: March 18,2005
14
F: \FILES\QA T AFILE\EST A TES\ 1 06043_reply
Created: 3/24/05 5:50AM
Revised: 3/30/05 11:24AM
INRE:
THE ESTATE OF ARTHUR S. KECK,
DECEASED
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION
NO: 2003-0011
"
REPLY TO COUNTERCLAIM
'..'J
AND NOW, comes the Plaintiff, Pauline E. Keck, by and through her attorneys, MARTS ON
DEARDORFF WILLIAMS & OTTO, and files this Reply to Counterclaim ofthe Defendants upon
the following:
28. Denied. The averments of Paragraphs 1 through 27, inclusive of Plaintiffs
Complaint are incorporated herein by reference.
29. Admitted in part and denied in part. It is admitted that the deed to the property so
states. To the extent that this averment implies that Arthur S. Keck purchased the property as his
sole and separate property from his separate funds, the same is denied. The parties contributed
jointly to the acquisition of the property. Decedent secreted the title into his own name and
otherwise fraudulently acted to the detriment of Plaintiff. Decedent made false representations to
Plaintiffthat he would not deprive her ofthe property. The averments of Paragraphs 6 through 27,
inclusive, of Plaintiffs Complaint are incorporated herein by reference.
30. Denied. The deeds speak for themselves. Plaintiff denies that she executed all of the
deeds referenced. The transactions were fraudulent to the extent decedent secreted the profits from
the sales to his own use and ultimately deprived Plaintiff of the benefit of the proceeds. It is
admitted that the property on which the parties jointly constructed their residence remained titled in
decedent's name through his death. Decedent secreted the title into his own name and otherwise
fraudulently acted to the detriment of Plaintiff. Decedent made false representations to Plaintiff that
he would not deprive her of the property. The averments of Paragraphs 7 & 10 of Plaintiffs
Complaint are incorporated herein by reference.
v-
31-32. Denied. The averments of these paragraphs are conclusions of law requiring no
answer herein.
33. Denied. The averments of Paragraphs 8-14, inclusive, of Plaintiffs Complaint are
incorporated herein by reference.
34. Admitted in part and denied in part. Plaintiff is not require to pay rent to herself for
property which properly belongs to her. Decedent's actions have left the Plaintiff destitute without
economic means to pay the taxes and insurance at the present time. Defendants have wrongfully
deprived Plaintiff of her property and the means to pay taxes and insurance.
35. Admitted in part and denied in part. It is admitted that Defendants wrongfully seek
the estate assets and monies from Plaintiff. Plaintiff has no duty to Defendants or the Estate, as she
is being wrongfully deprived of her property.
36. Admitted in part and denied in part. Plaintiff is wrongfully being deprived of her
property. No inheritance taxes are owing on spousal property and no other "beneficiaries" are
entitled to share in the estate, as it holds no assets under the law.
37. Admitted.
38. Denied. The dwelling and other buildings on the property are rightfully the property
of Plaintiff. Plaintiff is maintaining the property, rightfully owned by her, to the extent that her
economic means permit.
WHEREFORE, Plaintiff demands that Defendants' counterclaim be dismissed and that the
relief requested in her complaint be awarded.
MARTSON DEARDORFF WILLIAMS & OTTO
Date:$~-?.9. ~
/
~~
Edward L. Sc orpp, Esqu re
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
VERIFICA nON
I verify that the statements contained herein are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. S 4904, relating to unsworn
falsification to authorities.
r{U/~'Q C ;0-e)e.
Pauline E. Keck
Dated: :3 -.;;2"7 -DS-
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Reply to Counterclaim was served this date by
depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as
follows:
Marcus A. McKnight, III, Esquire
60 West Pomfret Street
Carlisle, P A 17013
MARTSON DEARDORFF WILLIAMS & OTTO
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Edward L. Schorpp, Esquire
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Dated: /?'1'~#' ..:?q ~
IN RE:
ESTATE OF ARTHUR S. KECK
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 21-03-11
ORPHANS COURT DIVISION
PRAECIPE FOR WITHDRAWAL OF COUNSEL
AND APPEARANCE OF COUNSEL
TO THE REGISTER OF WILLS:
i
I' Please note my withdrawal as counsel for the personal representative in the above
matter.
Dated: J / /?/cJ ~
I
rU
~h -rc-
Ivo V. Otto, III, Esquire
Martson, Deardorff, Williams & Otto
10 East High Street
Carlisle, Pennsylvania 17013
(717) 243-3341
BY:
Kindly enter our appearance on behalf the personal representative in the above
matter.
Dated:
'2..' I~' o~
~~-
Michael A. Scherer, Esquire
O'Brien, Baric & Scherer
Pa I.D.: 61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
BY:
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PI-
IN RE:
ESTATE OF ARTHUR S. KECK .
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 21-03-11
ORPHANS COURT DIVISION
PRAECIPE TO AMEND
TO THE REGISTER OF WILLS:
Please note that the Praecipe for Withdrawal/Appearance filed February 16, 2006
should pertain to Pauline Keck and not the personal representative. As such, Ivo V. Otto, III,
Esquire withdraws his appearance as counsel for Pauline Keck and Michael A. Scherer,
Esquire enters his appearance on behalf of Pauline Keck.
Dated: March 2-, 2006
~IL-
Michael A. Scherer, Esquire
O'Brien, Baric & Scherer
I.D.# 61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
BY:
.J
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IN RE:
ESTATE OF ARTHUR S. KECK .
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 21-03-11
ORPHANS COURT DIVISION
CERTIFICATE OF SERVICE
I hereby certify that on March '3 , 2006, I, Michael A. Scherer, Esquire, did serve a
copy of the Praecipe For Withdrawal Of Counsel and Appearance Of Counsel, by first class
U.S. mail, postage prepaid, to the party listed below, as follows:
E. Ralph Godfrey, Esquire
Salzmann Hughes PC
354 Alexander Spring Road, Suite 1
Carlisle, Pennsylvania 17013
~/tffi.-
Michael A. Scherer, Esquire
l_i_
L '._ ,
,
>-
"
IN RE:
ESTATE OF ARTHUR S. KECK
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 21-03-11
ORPHANS COURT DIVISION
AMENDED PRAECIPE TO SETTLE. DISCONTINUE & WITHDRAW CLAIMS
TO THE REGISTER OF WILLS:
Kindly amend the Praecipe filed April 2, 2007 by the undersigned. The Petition of
Pauline E. Keck for a constructive trust and the claim of Pauline E. Keck for an elective share
of the estate pursuant to 20 Pa.C.S.A. section 2203 shall be marked settled, discontinued and
withdrawn with prejudice.
Dated: April 3, 2007
mtfAI0-
Michael A. Scherer, Esquire
O'Brien, Baric & Scherer
I.D.# 61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
BY:
Attorney for Pauline E. Keck
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IN RE:
ESTATE OF ARTHUR S. KECK
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 21-03-11
ORPHANS COURT DIVISION
CERTIFICATE OF SERVICE
I hereby certify that on April 3, 2007, I, Michael A. Scherer, Esquire, did serve a copy of
the Praecipe For Withdrawal Of Counsel and Appearance Of Counsel, by first class U.S. mail,
postage prepaid, to the party listed below, as follows:
James D. Hughes, Esquire
Salzmann Hughes PC
354 Alexander Spring Road, Suite 1
Carlisle, Pennsylvania 17013
lt1!.'/t; Esquire
.-
9
~
IN RE:
ESTATE OF ARTHUR S. KECK
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 21-03-11
ORPHANS COURT DIVISION
PRAECIPE TO SETTLE AND DISCONTINUE
TO THE REGISTER OF WILLS:
Kindly mark the above-captioned action as having been settled and discontinued with
prejudice.
Dated: April 2, 2007
BY:
ichael A. cherer, Esquire
O'Brien, Baric & Scherer
1.0.# 61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
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INRE:
ESTATE OF ARTHUR S. KECK :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 21-03-11
ORPHANS COURT DIVISION
CERTIFICATE OF SERVICE
I hereby certify that on April 2, 2007, I, Michael A. Scherer, Esquire, did serve a copy of
the Praecipe For Withdrawal Of Counsel and Appearance Of Counsel, by first class U.S. mail,
postage prepaid, to the party listed below, as follows:
James D. Hughes, Esquire
Salzmann Hughes PC
354 Alexander Spring Road, Suite 1
Carlisle, Pennsylvania 17013
J!4HJ. &;"
Michael A. cherer, Esquire
COMMONWEAL I H""UI" PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT. 280601
HARRISBURG, PA 17128-0601
REV-1162 EX(11-96)
RECEIVED FROM:
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
KECK RONALD l
____u__ fold
ESTATE INFORMATION: SSN: 174-05-2917
FILE NUMBER: 2103-0011
DECEDENT NAME: KECK ARTHUR S
DATE OF PAYMENT: 04/09/2007
POSTMARK DATE: 04/09/2007
COUNTY: CUMBERLAND
DA TE OF DEATH: 12/20/2002
NO. CD 007983
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
101 I $22.65
I
I
I
I
I
I
I
I
TOTAL AMOUNT PAID:
$22.65
REMARKS: SALZMANN HUGHES PC
CHECK# 3614
SEAL
INITIALS: AJW
RECEIVED BY:
REGISTER OF WILLS
GLENDA FARNER STRASBAUGH
REGISTER OF WillS
--.J
15056041147
REV-1500 EX (06-05)
PA Department of Revenue
Bureau of Individual Taxes
PO BOX.280601
Harrisburg, PA 17128-0601
ENTER DECEDENT INFORMATION BELOW
Social Security Number Date of Death
OFFICIAL USE ONLY
~.'
'~
County Code Year
INHERITANCE TAX RETURN
RESIDENT DECEDENT 2 1 0 3
File Number
0011
Decedent's Last Name
Suffix
Date of Birth
09221914
Decedent's First Name MI
ARTHUR S
Spouse's First Name MI
PAULINE E
174052917
12202002
KECK
(If Applicable) Enter Surviving Spouse's Information Below
Spouse's Last Name Suffix
KECK
Spouse's Social Security Number
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
FILL IN APPROPRIATE OVALS BELOW
[Xl 1. Original Return D 2, Supplemental Retum 0 3. Remainder Return (date of death
prior to 12-13-82)
D 4. limited Estate D 4a. Future Interest Compromise D 5. Federal. Estate Tax Return Required
(date of death after 12-12-82)
[KJ 6. Decedent Died Testate D 7. Decedent Maintained a Living Trust 1 8. Total Number of Safe Deposit Boxes
(Attach Copy of Will) (Attach Copy of Trust)
D 9. litigation Proceeds Received 0 10 Spousal Poverty Credit (date of death D 11. Election to tax under Sec. 9113(A)
. between 12-31-91 and 1-1-95) (Attach Sch. 0)
CORRESPONDENT. THIS SECTION MUST BE COMPLETED, ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO:
Name Daytime Telephone Number
E, RALPH GODFREY, ESQ, 7172496333
Firm Name (If Applicable)
SALZMANN HUGHES PC
REGISTSifOF WILLS USE ONLY
'm;() -...l
First line of address
,.; 1
-i.: ('J
;',.:J
1-'j
354 ALEXANDER SPRING ROAD,
I
VJ
Second line of address
DAtE FILED \Y;)
City or Post Office
CARLISLE
State
PA
ZIP Code
17015
0)
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 is true, correct and complete. Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge.
SIG RE OF PERSON RESPONSIBLE F FILING RETURN DATE
Ronald L. Keck '1/)" 01-
ADDRESS
17007
DATE
E. Ralph Godfrey, Esq.
354 Alexander Spring Road, Suite 1, Carlisle, PA 17015
Side 1
L
15056041147
15056041147
--.J~
'J
--'
15056042148
REV-1500 EX
Decedent's Name: Art h u r S. K e c k
Decedent's Social Security Number
174052917
RECAPITULATION
1. Real Estate (Schedule A).......................................................................................... 1.
2. Stocks and Bonds (Schedule B)............................................................................... 2.
3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C).......... 3.
4. Mortgages & Notes Receivable (Schedule D).......................................................... 4.
5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E)................
6. Jointly Owned Property (Schedule F) 0 Separate Billing Requested............. 6.
7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property
(Schedule G) 0 Separate Billing Requested............. 7.
8. Total Gross Assets (total Lines 1-7)....................................................................... 8.
9. Funeral Expenses & Administrative Costs (Schedule H)......................................... 9.
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I)................................ 10.
11. Total Deductions (total Lines 9 & 10)...................................................................... 11.
12. Net Value of Estate (Line 8 minus Line 11)............................................................. 12.
13. Charitable and Governmental Bequests/See 9113 Trusts for which
an election to tax has not been made (Schedule J)................................................. 13.
14. Net Value Subject to Tax (Line 12 minus Line 13)................................................. 14.
TAX COMPUTATION - SEE INSTRUCTIONS FOR APPLICABLE RATES
15.
15.
16.
16.
17.
17.
18.
18.
19. Tax Due..................................................................................................................... 19.
20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT.
L
Side 2
15056042148
258,000.00
5.
7,752.41
265 752 41
39,801 35
10,418 95
50 220 30
215,532 11
215,532.11
o 00
5,018 94
o 00
o 00
5,018 94
o
15056042148
--'
REV-1500 EX Page 3
Decedent's Complete Address:
File Number 21-03-0011
DECEDENT'S NAME
Arthur S. Keck
STREET ADDRESS
45 Bobcat Road
CITY I STATE lZIP
Carlisle PA 17013
Tax Payments and Credits:
1. Tax Due (Page 1 Line 19)
2. Credits/Payments
A. Spousal Poverty Credit
B. Prior Payments
C. Discount
(1)
5,018.94
5,000.00
0.00
Total Credits (A + B + C)
(2)
5,000.00
3. Interest/Penalty if applicable
D. Interest
E. Penalty
3.71
(3) 3.71
(4)
(5) 22.65
(5A)
(5B) 22.65
Total Interest/Penalty (D + E)
4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT.
Check box on Page 2 Line 20 to request a refund
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE.
A. Enter the interest on the tax due.
B. Enter the total of Line 5 + 5A. This is the BALANCE DUE.
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:
a. retain the use or income of the property transferred;.................................................................................. D
b. retain the right to designate who shall use the property transferred or its income;.................................... D
c. retain a reversionary interest; or.................................................................................................................. D
d. receive the promise for life of either payments, benefits or care?............................................................. D
2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without
receiving adequate consideration?................................................................................................................. ..... D
3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death?......... D
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which
contains a beneficiary designation?................................................................ ..................................................... D [!J
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
Yes
No
[!J
[!J
[!J
[!J
[!J
[!J
For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the
surviving spouse is three (3) percent [72 P.S. ~9116 (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. ~9116 (a) (1.1) (ii)]. The statute does not exemot 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 twenty-one years of age or younger at death to or for the use of a
natural parent, an adoptive parent, or a stepparent of the child is zero (0) percent [72 P.S. ~9116 (a) (1.2)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is four and one-half (4.5) percent,
except as noted in 72 P.S. ~9116 1.2) [72 P.S. ~9116 (a) (1)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is twelve (12) percent [72 P.S. ~9116 (a) (1.3)]. A
sibling is defined under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption.
Rev-1502 EX+ (6-98)
*'
SCHEDULE A
REAL ESTATE
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
Keck, Arthur S.
FILE NUMBER
21-03-0011
ESTATE OF
All real property owned aolely or as a tenant In common muat be reported at fair mar1<el value. Fair mar1<et value is defined as the price at which property would be
exchanged between a willing buyer and a willing seller, nerther being compelled to buy or sell, both having reasonable knowiedge of the relevant facts.
Real property which Is jolntly-owned with rtght of survivorship must be disclosed on schedule F.
ITEM
NUMBER DESCRIPTION
1 House - 45 Bobcat Road, Lower Frankford Township, Carlisle, Cumberland County,
sold 03/30/2007 (settlement sheet attached)
VALUE AT DATE
OF DEATH
210,000.00
2 Mountain Ground - 54 acres, mil situate in Lower Frankford Township, Cumberland
County sold 07/31/2006; settlement sheet attached
48,000.00
TOTAL (Also enter on Line 1, Recapitulation)
258,000.00
(If more space is needed, additional pages of the same size)
Copyright (c) 2002 form software only The Lackner Group, Inc.
Form PA-1500 Schedule A (Rev. 6-98)
Rev-15G8 EX+ (6-98)
.
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
Keck, Arthur S.
FILE NUMBER
21-03-0011
ESTATE OF
Include the proceeds of litigation and the date the proceeds were received by the estate.
All property jolntly-owned with the right of survivorship must be disclosed on schedule F.
ITEM
NUMBER DESCRIPTION
1 M& T Bank - checking account
VALUE AT DATE
OF DEATH
1.097.27
2 M& T Bank - savings account
6.655.14
TOTAL (Also enter on Line 5, Recapitulation)
7.752.41
(If more space is needed, additional pages of the same size)
Copyright (c) 2002 form software only The Lackner Group, Inc.
Form PA-1500 Schedule E (Rev. 6-98)
REV-1151 EX+ (12-99)
.
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
Keck, Arthur S.
Debts of decedent must be reported on Schedule I.
FILE NUMBER
21-03-0011
ESTATE OF
ITEM
NUMBER
A. FUNERAL EXPENSES:
DESCRIPTION
AMOUNT
See continuation schedule(s) attached
7,498.50
1.
ADMINISTRATIVE COSTS:
Personal Representative's Commissions
B.
Social Security Number(s) I EIN Number of Personal Representative(s):
Street Address
City
Year(s) Commission paid
State _ Zip
2.
Attorney's Fees
SALZMANN HUGHES PC
10,000.00
3.
Family Exemption: (If decedent's address is not the same as claimant's, attach explanation)
Claimant Pauline E. Keck
Street Address 45 Bobcat Road
City Carlisle
Relationship of Claimant to Decedent
3,500.00
State
Spouse
PA
Zip
17013
4.
Probate Fees
257.00
5. Accountant's Fees
6. Tax Return Preparer's Fees
7.
Other Administrative Costs
See continuation schedule(s) attached
18,545.85
TOTAL (Also enter on line 9, Recapitulation)
39,801.35
Copyright (c) 2002 form software only The Lackner Group, Inc.
Form PA-1500 Schedule H (Rev. 6-98)
Rev-1S02 EX+ (6-98)
*'
SCHEDULE H-B7
OTHER
ADMINISTRATIVE COSTS
continued
COMMON~LTHOFPENNSYLVAN~
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
FILE NUMBER
21-03-0011
Keck, Arthur S.
ITEM
NUMBER
DESCRIPTION
AMOUNT
1
B-H Agency Appraisal Services
550.00
2
Cumberland Law Journal - estate notice publication
75.00
3
Diversified Appraisal Services
250.00
4
Foremost Insurance - insurance fees
730.00
5
Hilton's Lock Service
268.60
6
Irwin & McKnight - attorney fee
10.000.00
7
M& T Bank - lost key fee
15.00
8
Miscellaneous final expenseslfiling fees
250.00
9
550.00
P~tri,.i~ 6. jg".cu.n~~IA r.:P6. _ fi~lI,.i~1'\1 in,.".n,,:. t~v rAtllrn nrAn
10
Register of Wills - short certificateslfiling fees
100.00
11
Ronald Keck - reimburse expenses
1.335.69
12
Settlement charges - mountain ground
821.92
13
Settlement charges - house
2.408.66
14
Steven W. Barrett Real Estate - appraisal fees
475.00
15
The Sentinel - Legal - estate notice publication
105.98
16
Trash removal - fees
610.00
Subtotal
18.545.85
Form PA-1500 Schedule H-B7 (Rev. 6-98)
Copyright (c) 2002 form software only The Lackner Group, Inc.
Rev-1512 EX+ (6-98)
*'
SCHEDULE I
DEBTS OF DECEDENT,
MORTGAGE LIABILITIES, & LIENS
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
FILE NUMBER
21-03-0011
Keck, Arthur S.
Include unrelmbursed medical expenses.
ITEM
NUMBER
DESCRIpTION
VALUE AT DATE
OF DEATH
1
Adams Electric Co-Op
337.28
2
Appalachian Orthopedic
238.63
3
Belvedere Medical Center
97.08
4
Belvedere Medical Center
197.06
5
Blue Mountain Anesthesia
169.93
6
Carlisle Imaging Associates
105.65
7
Carlisle Pathology
109.53
8
Carlisle Regional Medical Center
1.012.00
9
222.02
r.nna
10
Central Penn Medical Group
199.86
11
Colorectal Center
185.38
12
Cumberland County Tax Bureau - real estate taxes 2004-2006
4.699.67
13
Cumberland Goodwill Ambulance
174.17
14
Deborah A. Kepner, Tax Collector - 2003 real estate taxes
1.543.89
15
Erie Insurance Group
911.00
16
Nurse Anesthetists
63.21
17
Philip D. Carey MD
54.05
Total of Continuation Schedule
See attached page
TOTAL (Also enter on Line 10, Recapitulation)
10,418.95
(If more space is needed, additional pages of the same size)
Copyright (c) 2002 form software only The Lackner Group, Inc.
Form PA-1500 Schedule I (Rev. 6-98)
Rev-1512 EX+ (6-98)
*'
SCHEDULE I
DEBTS OF DECEDENT,
MORTGAGE LIABILITIES, & LIENS
continued
COMMONWEAlTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
Keck, Arthur S.
FILE NUMBER
21-03-0011
ESTATE OF
ITEM
NUMBER
DESCRIPTION
VALUE AT DATE
OF DEATH
18
Sprint
98.54
TOTAL (Also enter on Line 10, Recapitulation)
10,418.95
Copyright (c) 2002 form software only The Lackner Group, Inc.
Form PA-1500 Schedule I (Rev. 6-98)
REV 1513 EX+ (9.00)
*'
SCHEDULE J
BENEFICIARIES
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
NUMBER
Keck, Arthur S.
NAME AND ADDRESS OF
PERSON(S) RECEIVING PROPERTY
TAXABLE DISTRIBUTIONS [include outright spousal
ilistributions, and transfers
under Sec. 9116(a)(1.2)]
RELATIONSHIP TO
DECEDENT
Do Not List Trustee(s}
FILE NUMBER
21-03-0011
SHARE OF ESTATE AMOUNT OF ESTATE
(Words) ($$$)
ESTATE OF
I.
1
Pauline E Keck
45 Bobcat Road
Carlisle, PA 17013
Spouse
Constructive
Trust and
Spousal
Election filed
104,000.00
2
Ronald L. Keck
205 Race Street
Boiling Springs, PA 17007
Son
remainder
Enter dollar amounts for distributions shown above on lines 15 through 18, as appropriate, on Rev 1500 cover sheet
II. NON-TAXABLE DISTRIBUTIONS:
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX is NOT
BEING MADE
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
TOTAL OF PART 11- ENTER TOTAL NON-TAXABLE DISTRIBUTiONS ON LINE 13 OF REV-1500 COVER SHEET
0.00
Copyright (c) 2002 form software only The Lackner Group, Inc.
Form PA-1500 Schedule J (Rev. 6-98)
LAST fVILL AND TESTAMEiVT
I ARTHUR S. KECK, of Lower Frankford Township, Cumberland County,
Pennsylvania, declare this instrument to be my Last \Vill and Testament, hereby expressly
revoking all \Vills and Codicils heretofore made by me.
ONE: I direct my Executor to pay all of my debts, funeral and administrative expenses
as soon as may be done conveniently after my decease.
T\VO: I give, devise, and bequeath all of my estate of every nature and wherever situate,
I give, devise, and bequeath to my son, RONALD E. KECK.
THREE: I appoint RONALD E. KECK, to serve as Executor of this my Last Will.
FOUR: My Executor may, at his discretion, compromise claims, borrow money, retain
property for such length of time as he may deem proper; lease and sell property for such prices,
on such terms, at public or private sales, as he may deem proper; and invest estate property and
income without restriction to legal investments.
FIVE:
No Executor, acting hereunder shall be required to post
bond or enter security in this or any jurisdiction.
IN 'WITNESS \VHEREOF, I have hereunto set my hand and seal this;"'-/ day of
November, 1998.
R~J JAd'
. ARTHUR S. KECK
(SEAL)
Signed, sealed, published and declared by ARTHUR S. KECK, the above named
Testator, as and for his Last \Vill and Testament, in the presence of us, who, at his request and in
his presence and in the presence of each other have subscribed our names as witnesses hereto.
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2
ACKNO\VLEDGlVIENT AND AFFIDAVIT
\VE. ARTHUR S. KECK, CHERYL L. CLELAND and SHARON L. SCH\VAL.M,
the testator and witnesses respectively, \vhose names are signed to the foregoing instrument,
being first duly sworn, do hereby declare to the undersigned authority that the testator signed and
executed the instrument as his last will and that he had signed willingly, and that he executed it
as his free and voluntary ad for the purpose herein exrressed, 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 their
knowledge the testator was, at that time, eighteen years of age or older, of sound mind and under
no constraint or undue influence.
~~~~,
ARTHUR & KECK
1~~~~
. /J/;. .' /1 /~l. //
\", ..~;r-://,///>-t". /-;:r <.k.;// ;/l:c ,';"(' L.:-;;;e../
-- SHARON'L. SCH\V ALM
COl\tIMON\VEAL TH OF PENNSYLVANIA
ss:
COUNTY OF CUMBERLAND
Subscribed, sworn to and acknowledged before me by ARTHUR S. KECK, the testator
herein, and subscribed and sworgJo before me by CHERYL L. CLELAND and SHARON L.
SCHWALM, witnesses, this~rY\iay of November, 1998.
r
~'tVfBf
IV Notary Public
Notarial Seal
Martha L. Noel, Notary Public
Carlisle Bora, Cumberland County
~..jy Commission Expires Sept. 18. 1999
Member, Pennsylvania ASSCC:iition uf Notaries
Previous editions are obsolete
form HUO-1 (3186) ref Handbook 4305.2
A. Settlement Statement
U.S. Department of Housing and Urban Development
B. Tvoe of Loan OMB Aooroval No. 2502-0265 (expires 913012006)
1. DFHA 2. DFmHA 3. DConv. Un ins. I S. File Number I 7. Loan Number I 8. Mortgage Insurance Case Number
4. nVA 5. nConv.lns. PA2007.001
C.Note: It~~~':ed1~~)~0= ~id ~~:~m~ ~O:~~;alh~e;~~~:h~s hSer~T~~~6~~ti~~ :u~~~ea~~r~~~~t f~c~~~~~l~tals, I TitleExpress Settlement System
~::'G~j~:: ~~~~~~r~sri~~~~~~ Fs:~=~s~~~~I~~":~,S~~~~: ~h~:na~6cf~~~ds~:ro~'1~~nalties,upon Printed 03/2712007 atl1:12 LRA
D. NAME OF BORROWER: Rodney L. Drawbaugh and Jacqueline L Drawbaugh
ADDRESS:
E. NAME OF SELLER: The Estate of Arthur S. Keck
ADDRESS:
F. NAME OF LENDER:
ADDRESS: ,
G. PROPERTY ADDRESS: 45 Bobcat Road, Carlisle, PA
Lower Frankford Townshia
H. SETTLEMENT AGENT: PA Real Estate Settlement Services, LLC, Telephone: 717.263.2121 Fax: 717.261.9998
PLACE OF SETTLEMENT: 354 Alexander Sarina Road Suite 1 Carlisle PA 17015
I. SETTLEMENT DATE: 03/29/2007
J. SUMMARY OF BORROWER'S TRANSACTION: K. SUMMARY OF SELLER'S TRANSACTION:
100. GROSS AMOUNT DUE FROM BORROWER 400. GROSS AMOUNT DUE TO SELLER
101. Contract sales orice 210000.00 401. Contract sales crice 210 000.00
102. Personal Prooertv 402. Personal Prooertv
103. Settlement chames to borrower lIine 1400\ 2 348.70 403.
104. 404.
105. 405.
Adiustments for items paid bv seller in advance Adjustments for items oaid by seller in advance
107. County taxes 03/29/07 to 12/31/07 235.08 407. County taxes 03/29/07 to 12/31/07 235.08
108. School Taxes 03/29/07 to 06/30/07 305.46 408. School Taxes 03/29/07 to 06/30/07 305.46
109. 409.
110. 410.
111. 411.
112. 412.
120. GROSS AMOUNT DUE FROM BORROWER 212 889.24 420. GROSS AMOUNT DUE TO SELLER 210 540.54
200. AMOUNTS PAID BY OR ON BEHALF OF BORROWER 500. REDUCTIONS IN AMOUNT DUE TO SELLER
201. Deoosit or earnest money 501. Excess Deoosit (see instructions\
202. Princinal amount of new loans 502. Settlement charoes to seller (line 1400\ 2 408.66
203. Existinn loan(s) taken subiect to 503. Existino loanls\ taken subiect to
204. 504. Payoff of First Moooaoe Loan
205. 505.
206. 50S. Payoff to Pauline E. Keck 94 000.00
Pauline E. Keck
207. 507.
208. 508.
209. 509.
Adiustments for items unDaid bv seller Adjustments for items unDaid bv seller
213. 513.
214. 514.
215. 515.
216. 516.
217. 517.
218. 518.
219. 519.
220. TOTAL PAID BY/FOR BORROWER 520. TOTAL REDUCTION AMOUNT DUE SELLER 96 408.66
300. CASH AT SETTLEMENT FROM OR TO BORROWER 600. CASH AT SETTLEMENT TO OR FROM SELLER
301. Gross amount due from borrower IlIne 120\ 212 889.24 601. Gross amount due to seller (line 420\ 210 540.54
302. Less amounts oaid by/for borrower (line 220\ 602. Less reduction amount due seller (line 520) 96 408.66
303. CASH FROM BORROWER 212 889.24 603. CASH TO SELLER 114131.88
SUBSTITUTE FORM 1099 SELLER ST~TEMENT' The Information, cont~ined ~erein is important tax information and I,s being f':lmished to the Internal Revenue Service, If you,are requ~red to file 8 return,
Une"'br==~~h'e SG~~i~~~~8~~cif~~~dt~~;~~ti~~IS Item IS reqUired to be reported and the IRS determInes that it has not been reported. The Contract Sales Pnce descnbed on
You are required by law to provide the settlement agent (Fed, Tax 10 No: ),wilh your ,correct taxpayer identification n~mber. If YOU, do not provide your cC?rrect. tBX~ayer identification
number. you may be subject to civil or criminal penalties imposed by law. Under penaltIes of p8l'Jury, I certify that the number shown on thIS statement IS my correct taxpayer Identification number,
TIN:_-_-_I_-_-_ SELLER(S)SIGNATURE(S): I
SELlER(S) NEW MAILING ADDRESS:
SELLER(S) PHONE NUMBERS:
(H)
(W)
""'revlous eOI!iUIlS are U[J~Ulele
A. Settlement Statement
U.S. Department of Housing and Urban Development
>1. Tvn.. nf loon . ""n".MCc ("xn'r -'^- ,_.
l. DFIlA 2. DFmHA 3. DCollv. Unitts I 6. File Number I 7. Loan Number Is Mortgage Insurance Case Number
4. OVA ~. O.cll.!lY. t". F ARLLlNGM07-06
C. Note: This form i~ furnished to give you a stS.lement of Bctusl setl1ement costs. Amounts paid. to and by the settlement agent are shown, T TllleExpress Settlement Syste
lIems malrked "(po.c.)" were paId outside the closing; they are shown here for information purposes and are not Included In the totals
WA~~J!~~~~I~n~I~lr~:~ ~n~n~~~~~r,:~~~~~~e Fs~~~~~nts to the United S~at~~ o~ ~h~S or ~~X,f1ther similar form. Penalties upon ch;....ed 07f30f2006 at 11 25 KS
D. NAME OF BORROWER: Michael S, Farlling
E. NAME OF SELLER The Estate of Arthur S, Keck
----A!.illRJ:SS'
F. NAME OF LENDER: N/A
~RESS'
G PROPERTY ADDRESS: Tract # 1 consisting 54 Acres, in Lower Frankford Twp" Carlisle, PA 17013
H. SETTLEMENT AGENT P A Real Estate Settlement SClviccs, LLC
Pl.N'~ n~ "'TT! ~tv"'1\lT' 354 Alexander SnrinQ Road Ste Carlisle PA 17015
~HT "MENT ,un'. 07/3112006
J. SUMMARY OF BORROWER'S TRANSACTION: K. SUMMARY OF SELLER'S TRANSACTION:
-1Q0 r.;ROS" ~"""NT nlll:: t::Rn" B"RROIIIII'R 400. GROSS AMOIJNT nllt:: T" "'" LER
101. "nn 48 000.00 An. I 48 000,0
10' P., 4n?
.J!lJ_ 1 010.58 An,
'M .n.
1n' .n5
Adiustments for ite~. noi" ,,,' .pll", in ~dv~nce A fnr ilems naid bv ...llpr in odvance
'06. "iIVIlnwn 10,0. ,no ";h,/Im.." .....
ln7 07/31/06 In 12 /31/06 7.04 ,n7 07/31/06'n 12 /31 /06 7.0
,06 School taxe~ 07/31/06'- 06/30 /07 78,49 4nB 07 /31/06In 06/30 /07 78.4
00 .00
10. 4'0.
111 <1,
'1' <1,
1 ?O. r.R"<::S AMO] INT 01 IF FROM B"RROI^It::R 49 096,11 420 GROSS AMOIINT O'l'" T" ""'I "'R 48 085,5
200. AMOI INTS PAID BY OR "N BEl-l~1 F OF BORflOWER 500, R"'nl I"TI"N" IN UA"I 'NT nil'" T"""'I I "'R
~~arnest money 5 000,00 <01 ""... 5 000.0
-.-2!L<-- P.'MiM' ---"n' nf _.,..IMn. <n, ~.t1] 821.9
~E-~j>ling,.1Qa!1islJaJ\eJU!Jh;"^1 'n ,n, "'y..Unn
'04 504 P.vnff of Fir n
?n< <n<
,n. <M
'07. "n7
,nB ,no
,no ,no
~";""m..nl. fnr item- "nno;" h" . I fM' 'd hv .,,11' r
"0 "",,/'nWn ",y.. <. n "itv/'nwn ",y..
", '"
,1? <1?
'" ""
,1< <'4
,,, 515
?1. ".
"7. 517
". 'lB.
~- <,0
220. T"T A' Pl<lD I 5 000.00 ~2n T"T~I R"'nll"TI"~1 III:: ""'I I "'R 5 821. 5
~nn TT' "''''''''T t::R"M "R T" >10RR WFR 600 "~"l-l A ~~, ll::'
'01 ",n..omn"n r 49 096,11 001 ,..11.. mn. 4?O' 48 085,~
3n? I 5 000.00 on? ._H.. '1'__ ..n' 5 821. 5
1n3. f:A"1-l t::R"" RORR....'^''''R 44 096.11 601 CA<::1-l T" ""'I I I=R 42 263. E
SUBSTITUTE FORM 1099 SELLER STATEMENT: The information cont~ined ~erein is impor1anttax information and I.S being f~rnished to the Internal Revenue Service If you.are required \0 file a relurn,
a neghgp.nce p'!naltyor other sanction will be imposed on you .If Ihls item IS requIred to be reported and the IRS delerrmnes that It has nol been reported. The Contract Sales Price descnbed on
line 401 above constItutes the Gross Proceeds of thIS transaction
You are required by law 10 provide tt'le seWement agent (Fed. Tax lD No' ,) ,with your .correct taxpayer identification n~mber. If you. do not provide your correc~ taxpayer Identification
number. you may be subJeclto civil or criminal penalties imposed by law. Under penalties of perJUry, I cerMy that the number shown on IhlS statement IS my correct taxpayer Identification number
TIN._"_"_'_-_"_ SEllER(S)SIGNATURE(Sl I
SELlER(S) NEW MAILING ADDRESS
SElLER{Sl PHONE NUMBERS
(H)
(W)
~
.d&rBank
Manufacturers and Traders Trust Company, 1100 Wehrle Drive, PO Box 767, Buffalo, NY 14240-0767
~~~~uwoc~
JAN 3 1 2003
January 24, 2003
RE:
Estate Search
The Estate of:
Date of Death (D.O.D.)
ARTHUR S KECK
12120/2002
lRWIN, McKNiGHT & HUGHES
To Whom It May Concern:
Identified below is the account information requested.
1. M&T Bank accounts in which the decedent's name appears:
SAY
1254235 .j
OPENED 3/95
15004201977731
OPENED 11/91
4319
D.O.D.
Balances
(Includes Accr.
Int.)
$1097.27
Accrued Interest
Account
Type
Account Number
Account Title
Opening Branch
CHK
ARTHUR S KECK
J ARTHUR SlaCK
$.00
4319
$6653.17
$1.97
2. Loans, Mortgages, or other obligations titled in the decedent's name
Account Number
Amount Owed
Account Description
NO Safe Deposit Box titled in the Decedent's name existed at our office.
If you have any questions about the information provided, please contact our Records Department at (716) 635-4010 or 1-800-724-
2440 outside of the Buffalo, NY calling area. Thank you.
Sincerely,
M&T BANK CORPORATION
BY:
8(l/L~~ ~1 ~'1_
Authorized Signature
DATE:
t --- ')- cf -' 0 '5
COMMONWEALTH OF PENNSYLVANIA
:' DEPARTMENT OF REVENUE
"OTICE OF INHERITANCE TAX
A~~RA~~EMENT. ALLOWANCE OR DISALLOWANCE
OF DEDUCTIONS AND ASSESSMENT OF TAX
07-02-2007
KECK
12-20-2002
21 03-0011
CUMBERLAND
101
APPEAL DATE: 08-31-2007
( See reverse side under Objections)
Amount Remittedl
MAKE CHECK PAYABLE AND REMIT
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION
PO BOX 280601
HARRISBURG PA 17128-0601
r"," tr,. "'J5
t"" I ~ f::'.
7G;ll ;! II t 3
_~V"'-_.' I ~...- .
DATE
ESTATE OF
DATE OF DEATH
FILE NUMBER
COUNTY
ACN
{\!
\.};
E RALPH GODFREY ESQ
SALZMANN HUGHES
354 ALEXANDER SPRING
CARLISLE PA 17015
REV-I547 EX AFP (06-05)
ARTHUR
S
I
PAYMENT TO:
CUT ALONG THIS LINE --+ RETAIN LOWER PORTION FOR YOUR RECORDS +--
-------------------------------------------------------------------------------------------
REV-1547 EX AFP (03-05) NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ESTATE OF KECK ARTHUR S FILE NO. 21 03-0011 ACN 101 DATE 07-02-2007
TAX RETURN WAS: (X) ACCEPTED AS F I LED
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Real Estate (Schedule A)
2. Stocks and Bonds (Schedule B)
3. Closely Held Stock/Partnership Interest (Schedule C)
4. Mortgages/Notes Receivable (Schedule D)
5. Cash/Bank Deposits/Misc. Personal Property (Schedule E)
6. Jointly Owned Property (Schedule F)
7. Transfers (Schedule G)
B.
Total Assets
APPROVED DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H)
10. Debts/Mortgage Liabilities/Liens (Schedule I)
11. Total Deductions
12. Net Value of Tax Return
) CHANGED
(D
(2)
(3)
(4)
(5)
(6)
(7)
258,000.00
.00
.00
.00
7,752.41
.00
.00
(9)
(10)
39,801.35
10.418.95
(1D
(12)
13.
14.
Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J)
Net Value of Estate Subject to Tax
If an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will
reflect figures that include the total of ALL returns assessed to date.
ASSESSMENT OF TAX:
15. Amount of Line 14 at Spousal rate
16. Amount of Line 14 taxable at Lineal/Class A rate
NOTE:
17. Amount of Line 14 at Sibling rate
lB. Amount of Line 14 taxable at Collateral/Class B rate
19. Principal Tax Due
TAX CREDITS:
PAYMENT
DATE
08-14-2003
04-09-2007
DISCOUNT (+)
INTEREST/PEN PAID (-)
.00
3.71-
RECEIPT
NUMBER
CD002897
CD007983
(15)
(16)
(17)
(1B)
104,000.00 X
111,532.11 X
.00 X
.00 X
NOTE: To insure proper
credit to your account.
submit the upper portion
of this form with your
tax payment.
(B)
265,752.41
AMOUNT PAID
5,000.00
22.65
TOTAL TAX CREDIT
BALANCE OF TAX DUE
INTEREST AND PEN.
TOTAL DUE
(13)
(14)
~n.??O.30
215,532.11
.00
215,532.11
00
045 _
12
15
.00
5,018.94
.00
.00
5,018.94
(19)=
5,018.94
. 00
. 00
.00
* IF PAID AFTER DATE INDICATED. SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST.
( IF TOTAL DUE IS LESS THAN $1. NO PAYMENT IS REQUIRED.
IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR). YOU MAY BE DUE' ('\\
A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) cr
Pa O.c. Rule 6.12 STATUS REPORT
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Name of Decedent:
ARTHUR S. KECK
Date of Death:
DECEMBER 20. 2002
File No.
21-03-0011
Pursuant to Pa.O.C. Rule 6.12, I report the following with respect to completion of the
administration of the above-captioned estate:
l
1. State whether administration of the estate is complete: .......................""'Yes
2. Ifthe answer is NO, state when the personal representative
reasonably believes that the administration will be complete:
o No
3. If the answer to No.1 is YES, state the following:
a. Did the personal representative file a final account
with the Court? ........................................................ 0 Yes )(NO
b. The separate Orphans' Court No. (if any) for the personal
representative's account is:
c. Did the personal representative state an account .
informally to the parties in interest? ........................'f:t.es 0 No
d. Copies of receipts, releases, joinders and approvals of formal or informal
accounts may be filed wi han's Court and may be
attached to this repo .
Date:
1/28/08
founsel
m
N
z
(.,L
;:r.
f-- .-.
~.
C-S[~
SALZMANN HUGHES PC
James D. Hughes. Esquire
Name (please type or print)
354 Alexander Spring Road. Suite 1
Address
Carlisle. P A 17015
City, State, Zip
(717) 249-6333
Telephone Number
C'?
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