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HomeMy WebLinkAbout79-0004ORIGINAL, IN RE: ESTATE OF ERNEST L. RITTNER Janice A. Rittner, Executrix On the Petition of JANICE A. RITTNER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION Estate NO. 21-79-0004 r, , n `~': ,- PETITION TO APPOINT SUCCESSOR CO-TRUSTEE ~ ~ =~' ~, n ~ ~' ~ Rr'+ i ~~~ ~ C7 C7O-~n -'? p~ _°: ~ ±~_. .s° AND NOW comes Petitioner, Janice A. Rittner, by and through her attorney, Jacqueline A. Kelly, and files this Petition to Appoint Successor Co-Trustee and in support hereof avers as follows: Ernest L. Rittner, late of Cumberland County, Pennsylvania, died testate on December 20, 1978; having first made his Last Will and Testament dated February 5, 1974, which instrument was admitted to probate and is recorded in Cumberland County Courthouse, Register of Wills, File No. 21-79-0004; (A true and correct copy of the Last Will and Testament of Ernest L. Rittner dated February 5, 1974 is attached hereto as Exhibit "A"); 2• Janice A. Rittner was duly appointed as Executrix of the Estate of Ernest L. Rittner on January 3, 1979; 3. The parties in interest are: Janice A. Rittner, wife; Gretchen Lynn Rittner, daughter (now known as Gretchen R. McLeish); Ernest L. Rittner, II, and Jeffrey Scott Rittner, son. (Joinders signed by Gretchen R. McLeish (formerly Gretchen Lynn Rittner), Ernest L. Rittner, II and Jeffrey Scott Rittner aze attached hereto as Exhibit "B"); 4. Under Article Sixth, The Last Will and Testament of Ernest L. Rittner devised the rest, residue and remainder in trust, to be held by Janice A. Rittner and the National Central Bank ~;; <-~; . =i--, c,- ~ ,_~ rr, . _~ ,, -__ ~ ~~ rn c~ of Harrisburg, Pennsylvania, as Co-Trustees. 5. Under said Last Will and Testament, Janice A. Rittner, is named as the primary beneficiary to receive income and principal during her lifetime. After the death of Janice A. Rittner, any remaining trust property is to be distributed equally to Gretchen Lynn Rittner, Ernest L. Rittner, II, and Jeffrey Scott Rittner, and any other child of Ernest L. Rittner born to him through his marriage with Janice L. Rittner or legally adopted by him after the date of his Will. The trust residue is to be held in trust for each beneficiary in the event that any of them are under the age of thirty (30) years old. Gretchen, Ernest, II, and Jeffrey, are currently all over the age of thirty. No other children were born to Ernest L. Rittner or legally adopted by him after the date of his Will. 6. National Central Bank of Harrisburg, Pennsylvania is now operating as Wells Fazgo Bank, N.A. 7. Neither National Central Bank of Harrisburg, Pennsylvania, nor Wells Fazgo Bank, N.A. accepted any appointment as trustee and never performed any acts of administration of or related to the Will and trust thereunder. 8• Wells Fazgo Bank, N.A. hes renounced and declined to serve as Trustee under the Last Will and Testament of Ernest L. Rittner. (A true and correct copy of the Renunciation and Declination to Serve as Successor Trustee signed by Andrew C. Melzer, Senior Vice President of Wells Fazgo Bank, N.A. and accompanying letter are attached hereto as Exhibit "C"). 9• Attorney Jacqueline Kelly for Petitioner thereafter contacted the Trust Department of Citizens Bank in the attempt to ascertain whether another corporate trustee would be willing to act as co-trustee with Janice A. Rittner. Kathleen F. Freed, Senior Vice President of Citizens Private Bank and Trust, responded by stating that their minimum account size is one million dollazs. (A true and correct copy of email from Kathleen F. Freed is attached hereto as Exhibit "D"). 2 10. Petitioner is only aware of two properties that are subject to estate and trust administration under the Estate of Ernest L. Rittner. Those two properties are: 1) real property located at 282 Lowther Street & 426 South Third Street, Lemoyne Borough, Cumberland County, tax parcel identifier 12-22-0822-2288; and 2) real property located at 402 South Third Street (formerly 428 South Third Street), Lemoyne Borough, Cumberland County, tax parcel identifier 12-22-0822-228A. (True and correct copies of the Deeds for each property are attached hereto as Exhibit "E"). All other property of which Ernest L. Rittner had an interest as of his date of death was not subject to estate or trust administration because the property either passed to Janice A. Rittner as surviving tenant by the entirety or to Janice A. Rittner as a named beneficiary. 11. The Estate of Ernest L. Rittner owns a 30% interest in each of the properties named above, and the current values of each property are as follows: 1) 282 Lowther Street & 426 South Third Street has a value of $800,000, whereby the Estate's 30% interest is equal to $240,000; and 2) 402 South Third Street has a value of $495,000, whereby the Estate's 30% interest is equal to 5148,500. (True and correct copies of statements from the Cumberland County Tax Assessment Database are attached hereto as Exhibit "F" as well as a statement from the Cumberland County Board of Assessment Appeals). 12. It is the belief of all the parties in interest that no other corporate trustee would be willing to act as co-trustee for said trust under the Last Will and Testament of Ernest L. Rittner, based on the renunciation/declination by Wells Fargo Bank, N.A. and also on the response by Citizens Bank. Most banks, like Citizens Bank, have a minimum account size requirement similar to that of Citizens Bank. 13. It is the desire of all the parties in interest to have Gretchen R. McLeish (formerly Gretchen Lynn Rittner) named as Successor Co-Trustee along with Janice A. Rittner in order to 3 fill the co-trustee vacancy. Gretchen currently assists her mother, Janice A. Rittner, with her affairs and would work well together serving as Co-Trustees. 14. Janice A. Rittner and Gretchen R. McLeish (formerly Gretchen Lynn Rittner) are aware of their fiduciary duties as proposed Co-Trustees, and they both hereby agree to undertake the responsibilities, which may include filing a supplemental Pennsylvania Inheritance Tax Return, a supplemental Inventory, and possibly a federal estate tax return. WHEREFORE, Petitioner respectfully requests that the Court, under Section 7764(e) of the Pennsylvania Uniform Trust Act, PEF Code, appoint Gretchen R. McLeish (formerly Gretchen Lynn R.ittner) as Successor Co-Trustee along with Janice A. Rittner under the Last Will and Testament of Ernest L. Rittner, to have all the rights, powers and privileges conferred and created by said appointment. Respectfully submitted, .~/ /1 JAN L. BROWN & ASSOCIATES Date: l `J~ '~yl ~ ~~~~1,I> ~ie . /~ /~ /, Jadquelid~e A. Kelly, Esquire Attorney ID No. 91973 845 Sir Thomas Court, Suite 12 Harrisburg, Pennsylvania 17109 (717)541-5550 Attorney for Petitioner 4 VERIFICATION I verify that the statements made in this Petition to Appoint Successor Co-Trustee are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. -- ----.. ---... . - ~~ LAST WILL AYID TESTAI~NT OF ERNEST L RITTNER I, ERNEST L, RITTNER, of the Township of silver Spring, County of Cumberland and Commonwealth of Pennsylvania, being of sound and disposing mind and memory, and not acting under undue influence of any myrLaat WillpandrTeetament, lnbmannerand form followingtremant to be mentaryl~itingshof whatsosverlkindvand,natureliheretoforeamada bysma SECOND= i hereby direct my Executrix, or her successor, harain- after named, to pay all my jyet debts, expenses of administration and deceaae,eXpenaee out o! my estate, as soon as ie practicable after my T~~r I direct that all estate, inheritance, tranafor, legacy or succession taxes, or death duties, which may be assessed or imposed as a result of my death or with respect to my estate, or any part LasteWill anedeTestament{uincludine thee to ~aDole valuegof all policies of insurance on my life and of all transfers _ eats includible in my estate for the purposes opfsuch~taxesaend duties, .shall be paid out of my general estate as an expense of administration and without apportionment and shall not ba prorated or charged against underfthis N1118 iintthe absolyteadiecret on of y Executrpix88herein- after named, she maY PaY such taxes immediately or may postpone the payment of the taxes on luture or remainder interests until the time possession accrues to the beneficiary or beneficiaries named herein, MY Executrix may, in her discretion, arrange for extension of time }or the payment of said estate and inheritance taxes, and any interest fom au hnextenaiona or on any such taxes, whether or not resulting an expense of admfnietrationPpnsmentaR shall be borne by my estate ae all ofFm~~ I give and bequeath unto my wife, JANICE A, RMTNER, Y jewelry, furniture, automobiles and other articles of per- i sonal use or adornment, except my gun collection, for which I have hereinafter provided, Should m wife predecease me, all said per- sonal effects as above described.shall be distributed among my children living at the time of my decease in such manner as they shall mutually determine, If my said living phildren hre unable to agree to the distribution thereof, my substituted Executor, hereinafter t ibutedhand itsadetsrmination~hall bsdfinalbanddconclueiveouponamy said children, -- -- _~._ _ 9:6 _ .~ I !' I' ~i l I; i~ keepinglby~my hereincnamedtTrueteescuntiltmynsona11ERNEST1L.iRITTNER,Ii and JEFFREY gCpq»p RITTNEA shall have both attained the age of twenty- one (21) years, at which time the Truateea shall divide the collection between my two eons, the division to be at the discretion of my said Truateea, SIXTfi: I give, devise and bequeath all the rest, residue and re- mainder of my estate, real, personal or mixed of whatsoever nature and wheresoever situate, including all contracts of life insurance on the life or lives of others which I may own and any and all which I may have any rights, interests or Property over said wife, d Powers of appointment unto my of Harrisburg, Dauphin County, Pennsylvania~inC~stL n8everthelesa,Cfor the following uses and purposes. (a) My Trustees eh 1 immediatel u eiduary estate sell env n..n_•~ t Y Pon the receipt of my re- determine in their sole judgment that the retentiontofuauchapropertyall shall be to the best interest of the trust, estate, or the beneficiaries thereof, and invest the proceeds~in income producing property or other investments. Thereafter, and after the payment of all taxes provided in Item Third, the Trustees shall divide the Trust Estate into Trust Funds, hereinafter referred to and described as T nd "A" and Trust P so that the total of the values of (1) Trust Fun » the value of any gifts herein contained plus (2) ~dulc~ti~on~ plea (3) the values of that partuoflthenproceedaeofainsurance oep l venue Code, plus (4) the value of ro err veaten indmr the internal rue of being held in art estate b entireties, shall exceedwife by vir- of Trust Fund "e" plus (6) the value of any gifts not qualifyinghforothe marital deduction, by (7) an amount equivalent to the Estate Taxes paid out of the principal of my Estato in accordance with the provisions of subsection, htheowordP~value"pshallemean,tas toeeachnitemnofnce of this the amount in dollars reflected in and as finally eatablishedrforreatate tax purposes under the United States Internal Revenue Code. in the assignment of property to the several Truest Panda, as above set forth, notwithstanding anything herein to the contrary, my Trustees shall assign property,, including cash, which is fairly representative on the date or dates of the a:tablishmsnt of the several Trust Funds, of appreciation or depreciation in the value of all property available for distribution in the establishment of each Trust Funds hereunder. Funds^a^-~.(b)»e~e Trustees shall take, receive andholdsad.Trust conditions 'for the uses and purposes and subject to the terms, powers and duties as hereinafter set forth. -2- O^~'~ II ' ~ (c) The Trustees shall be vested with reasonable discre- tionary powers and in all matters not otherwise herein specifically provided, they shall exercise their sound judgment and discretion in the performance of their duties hereunder. They shall not be liable i for any error of judgment provided that •uch error ie honestly made. (d) i give and grant unto my Trustees, and the survivor thereof, and their successor, the following powers, which shall be con- strued broadly and which may be exercised by them in either or both capacities, as in their discretion they deem advisable, in addition to and not in limitation of their common law and statutory powers: respect to, convey convert~tdealswith,cdiapose~ot~lenter intoraexchange, hold, improve, invest, lease, manage, mortgage, grant and exercise op- tions with respect to, take possession of, pledge, receive, release, re- pair, sell, sue for, and, in general, to do any and every act and thing and to enter into and carry-out any and every agreement with respect to the property included in any trust created in thie'Will which they could do if they ware the absolute owners thereof, without being limited in any way by the specific grants of power hereinafter made, (2) To retain for such time as in their judgment may seem advisable all or any part of my property br assets which at any time shall constitute a part of the trusts herein provided for. (3) To sell or exchange, either privately or at public sale and without prior approval of any court, at such time or times and at such pries or prices and on such terms and conditions as the Trustees may consider advisable, all or any pert of the trust property, real, personal or mixed, and to execute,. verify, acknowledge and deliver all deeds, bills of Bale, or other documents which may be necessary or proper in the exercise of such powers without liability on the purchaser or pur- chasers to look to the application of the purchase price, manner as they may)determine9eincludi(:g aut°rityhtodalterherepairucmain- ~ twin or improve such property as hereinafter set forth, to mortgage such property in ouch amount, on such conditions, and at such rates of inter- ; eat as they shall deem adviaabler to abandon such property,, to adjust boundaries, to erect or demolish buildings thereon, to convert for a; ~ different use, to, dedicate for publio use without compensation, to grant easement^ and rights-of-way, to waive payment for property taken by i right of eminent domain and to claim and negotiate for payment for proper- ty eo taken, to insure for any or all risks, to grant options, to parti- tion, to enter into partyewall_contracts, to_prntact out of_tha_general charge thehcostuofsanyeactionetakan withnregardrtoeanycsuchtproperty to principal or income as they may determine. To make all ordinary repairs ~ to any real estate held by them and such extraordinary repairs, alters- - tione or improvements as they may deem advisable and to charge all ordi- ~ nary repairs againat the income and all extraordinary repairs, alterations or improwmant• againat the principal of the Trusts herein created o! which the property being repaired, altered or improved forme a pert, -3- w - __ ~ . •L herein created for)such term orntarmel a daf c c nt h T n or su h re al or rentala, and under each covenants and agreements ae may, in the discretion of the Trustees b ~~ , a considered for the beat interest of the trust eatatea. Tha Trustees shall recognize existing leases b t h ~) ~ , u s all have the power to agree to modification of, or amendment to, the terms of existin leases or to ext l M' g ena ona or renewals thereof. The Trustees shall have full authority to acquire b u h ~ y p rc ase, gilt or otherwise, and to resell, receive, hold, manage and control real estate and an ~j: , y other interest therein, subject to the Truata, and to do all thfnga nece i J ssary or proper n the performance of such functions. . ~~ I,. (6) To invest, and from time to time to reinvest, to acquire, and to retain temporarily or erma tl j p nen y the trust eatatea re- ceivad or held by them in cash or in any kind of l !' rea or personal proper- r m ,~ i l w l jj; way ot li itation common or preferred stodcai inveatment~trusts~imutual funds, common trust funds v ti i' , o ng trust certificates, bonds, mortgages, debentures, notes, unsecured obligations, wastin asset !' g s, or investments which are unproductive, overproductive, or underproductive, as in their discretion the ma d ~~ y y eem advisable, on that any such investment may bear to th w t a rf t t p ;~1 e total tru t unda or he rela tion it may bear to the type or character '8f otheF investments i t . • n the reat eatatea, or to the effect such investment may have upon the diverai- fication of the investments i ~~ n the trust eatatea and they shall not be re- t v _ _ ~ ,-.r. ii miscible for fiduciariea under any present orcfuturasapplicablealawPait bein m i t ( .~ g y n ention to give my Trustees they shall believe to be for•the beat i t~o a s n i ntarea f the Trueta created herein i)~ !I' (7) To pay income tax on gains fromtthe sale or other conversion of capital aaseta out of the proceeds thereof. ' j;! (8), To amortize, accelerate payment of, reduce, extend, modify, settle or liquidate any lien encumbrance , , mortgage or ether charge against any real estate or other property which may be subject to a II~~ the ovenante, torma andeconditionap fi a i g g o I ' o any ex atin mort age or mortgages upon said. real estate, on the part of the mortgagor required t b d ~ o e kept an performed and shall have full power and authority, with the consent of the mortgagee or mortgagees t t ~i, , o ro und, replace, extend or otherwise amend the same, and to anticipate and accelerate any periodical a therei t p ymen s n required. I! all rights and privilegesupertaining totsecurities~whichn o E) are available to the owners thereof. ~ " (10) To receive or make distribution of eny trust herein created, either in money or in kind or tl i G , par y n money and partly in kind. The judgment of the Trustees as to what shall constitute an -4- ,°ii':3 -.. equitable 8latribution or apportionment shall ba binding and coneluaive upon the banafi daries hereof. Nothing herein contained, however, shall empower the Trustees to make distribution before the time or times spoci- fied herein. claim or other matterTodiractlylorcindiroctlyieaffecting the Truatat any (12) To use income and/or principal to maintain in force any policies of life insurance which I may own on the life or lives of other portions or to recaivo in gift or purchaao or maintain previously existing insurance or annuity contracts for the benefit of any banoficiary, primary.or coneingent, it the Trustees determine that the beet interests of my family would be served by purchasing said contracts or by continu- ing such insurance in lorce end to exercise all tho powers given to tho owner of such policies. (13) To employ couf~esl, auditors, accountants, appraisore, i ~, engitwara, and other persons, professional or otherwise, as may bs nacae- ! vary for the proper administration of the Trusts, and to pay their com- ~' pensation from trust funds. (14) To borrow money and as ^ecurity therelor to execute j 'I bonds and mortgagee containing warrants o! attorney, to conlas• judgment ~ ~i end to pledge personal property. '•.. ~i ~ I' (15) To incorporate any unincorporated business received ~ ~ from my estate. (16) To carry on and conduct any business enterprise in !' which I may be engaged at my death. „'" Trueta in one orlmoraTCOnaolida adgfunde,~ein wholecoruin part~haesthoyate may determine. Ae to each consolidated fund, the diviaiona into the, vari- ous shares comprising such land Head ba made only on the Trustees' books of the principalhand income oftthsalundeandlchargedtwith itstproportionata part o! the expenaee'thereof. No such holding shall, however,. defer the vesting in possession of any estate created herein. ~ (18) As to each Trust created herein, to exerciso all~the powers granted and all the duties Smpoea4 herein until such Lima after the termination of that Trust ae the property included in that Trust ha^ been fully distributed, and to do all other acts which, in their judgment, may ba naceasary or appropriate for the proper or advantageous management, ~ investment or disposition of any property included in nny Trust created .herein,.... (B) st Funds "A" and "B" shall be my wile. JAN C8 A, RITTNEA. -5- o~ 1p. (f) During my said piss's lifetime, the Trustees shall pay •~? nstallmente, unto my said wifesJANICE A,BRITTNER ual or more frequent • time of my decease, commencing from the -~ (9) In addition to the income as above provided for, the Trustees shall pay to and for the use of my said wife and children living with and supported b her each Fund "A^ or Trust Fund ^H! portions o o + er Trust ~. t.~iem a comfortable standard of livin maintain for her • or +iving as uea ere g• The phrase com or a elan and living to that which my wife ~ra~ceustomed duringm myal;feiiomehe mode of Trustees are also directed to pay to and for the use of my said wife and children, living with and supported by her, such additional portions of ~~ funds notibeingfavailabls for thsdaurA^ or ^e" as may be necessary, (other I}' any unusual emergency such as aeriouapillnesa,~e~eeaite~raan oaeration, physical of menEA2' Iig~;caps or s m ~~ such children, No withdra~a7s or - a ac ng mY ~'+ e o ' pal of the Trust Ponds unless and untilnit haslbeen firatfdete+ti^inedithat Ij my wife's income from said Trust Funds "A" and "fl" and her income from all other sources includ its insurance benefits, is insufficient for ' the purposes above described. Znao ar as w ~~, ; principal of Trust Fund rawer s are made from the „~., my_wfe.-.$hall o r ht !~ authority or discretion in said deterniination~wh ch shall beemadeuexclu- ~, T~StYP~una A~thote-Y`rnstee, or its auc • however, the determination as to whether ortnotewPthdraw- ala from principal era necessary and proper shall be made by all of the Trustees in concert, ~~' (h) Upon the death of my said wife, JANICE A, RITTNER, the Gp surviving Trustee or its successor shall transfer and pay the principal A.~~~~ of Trust Fund "A" to such person or persona (including her estate) as my wife shall specifically appoint by her Last will and Testament and in de- ~' meuor survivingemeisdiefwithinaapperiodnof thin she should predecease decease, I direct that the principal of said Truat(FUnddshallobeoaddedmto and become a part of Trust Fund "FI" to be administered and distributed in l' accordance with the provisions of this Will, ~ (i) Upon the depth of my said wife, or if she shall prede- I cease me or surviving me, die within a period of thirty (30) days follow- inq my decease, I direct that Trust Fund ^g^ (and also Trust Fund ^A", if my said wife has sailed to exercise the power of appointment with re- ! apect thereto as provided in subparagraph (h) of Paragraph FIFTH hereof) ! shall be held, used, applied and disbursed and distributed, in the diacre- lion of the surviving Truatae, as hereinafter more particularly set forth, Yar and tb Ay children, to sit: GRETCHEN LYNN RITTNER, ERNEST L, RITTNER, ZI and JEFFREY SCOTT RZTTNER, and any other child or children hereafter ~ born to me through my marriage with my wife, JANICE A, RZTTNER, or whom I might legally adopt.. ~ ! a4 I 1 i -6- .. Q81 • (j) All moneys and property coming into the hands of my said `' o ee under Trust Fund "B" as defined in subparagraph (i) of Paragraph F FIFT}I araof, may bo hold, inveatod,nnd administered ae one Truot, or in S`~ ecrotion of rho Trustoo, may bo divided ineo ae many trusts as . there are individual bonoficiarioe of income, and subject to the provi- eiona hereinafter cot forth in paragraph (1) hereof for the payment di- rect to a beneficiary after attaining hie or her majority, all income re- maining each year not used for the benetit of a beneficiary or beneficl- arias hereunder shall ba added to principal, (k) The said Truatoo in its sole discretion may pay and use the Income or so much thereof ae it shall deem advisable or eo much of educationipeupporttandewelfara ofveachlorfall of thepbeneficiarieae~hare- inaboue named, in such amounts and in such proportions ss it, in its Bole discretion, shall deem proper. It is my desire that this trust estate ba administered and used by my said Trustee for the beat interest of my children, now living, after-born to my wile, JANICS A, RITTNHR, or legally adopted by me, to the fullest extent possible in my place ae though I were physically present and were administering my own funds for their benelit, (1) Upon eny beneficiary hereunder attaining the ago of twenty-one (21) years, the Trustee shall., in its discretion, semi-annually thereafter, determine the amount of net income of this Trust which shall be allocated to such beneficiary and shall pal:'tha same to such benefici- ary, retaining any balance of net income to be dietri{wted end paid in the Trustee~e discretion to or for the use of the beneficiary or bene- ficiariae not having attained the age of twenty-one (Y1) years or for distribution to such beneficiary or beneficiaries subsequent to their at- taining the age of twenty-one (21) years, (m) Upon any beneficiary attaining the age of twenty-five (25) years, the Trustee shall pay and distribute to such beneficiary one- half (1/2) of the proportionate share to which the said beneficiary~ahall be entitled, free of trust, and that thereafter ae said beneficiary shall a the age of thiit t raid naliciar thin Trust shall tazm a an t e rnmainin one half 2) proper one e a are to w caryea set e benBfitYary free~~~o~-~tuet, The Tres a owever, shall continue to ads minister the Trust as to the beneficiary or beneficiaries under the age of thirty (30) years uninhibited. and this Trust ehallsbe of onatruedtas topeffectuate the ea etothatrtha~ Trustee in making payments to or for the use of the beneficiaries here- under, shall, in its sole discretion, have full power and authority for any reason which_In-its judgment shall bs-sufficient to depart-Yrom equali- ty for reasons including, but not limited to, a beneficiary being or be- coming physically or mentally handicapped, requirements for the mainten- ance and support o! their immediate family bewminq unusually unbalanced,. their differing educational needs, unbalanced gifts previously received Item parents, grandparents or others, and any unbalance ltt the amounts previously received under this Trust. -7- ~'8,~i . _` tti II i' ii i~ i !' ;; ~~ `i . __'~ ; '1 I the continuance of thiaeTrunat~ahall die leaving a widownordwidower and child or children, or a widow or widower or child or children, the Trustee, in its sole discretion, may allocate and make payments of principal and/or income to or for the use of such widow or widower and child or children or widower or widower or child or children in the place of such deceased beneficiary and with full discretionary powora in my said Trustee to pay nothing on such account. In such event, • upon final distribution of the Trust by limitation of time as herein- before provided, as to any amount ao allocated by my Trustee for a widow or widower or child or children not then eui juris, this Trust shall continue as to any amount allocated by the Trustee for such widow or widower and child or children or widow or widower or child or children until he, she or they shall become eui juris, masculine (p) Ae used in this will and the Truata hereunder, the pronoun shall include the feminine, and the singular shall include the plural, (q) I designate my Trustee ae guardian for my benefici- aries who, by reason of age, illness or other incapacitiea, are incom- petent to receive any funds to whicli'•they are entitled hereunder and as such guardian it shall have all the poiaera herein given to it as Trustee, the powers herein givenswithmiiself~inoitsindividualecapacityany of SEVENTHa The rights, titles, benefits, interests and estates of any beneficiary hereunder, including beneficiaries under the Trusts herein created shall not be aubjoct to the rights or claims of his or her creditors nor subject to nor liable to any process of law or court, and all of the income, principal, and other benefits from•or under any Trust herein created, shall be payable, and deliverable only, solely, exclusively and personally to the designated beneficiaries hereunder at the time the designated beneficiaries are entitled to take the same under the terms of thin instrument, EI(,~ITH: As is particularly set forth in subparagraphs (i) and (j) of Paragraph FIFTH of this my Laat Will and Testament, it is my will that in the event, upon my decease, I shall be surviued by any RthITT~Rhior legallydadoptedtby mernthan the Truateasiherain2establiahed, dividedPbyimybsaid Trusteelin admnatration~piftitRbeeita 8lstretion, and in distribution and all such children shall receive equal and im- partial treatment, except as limited by subparagraph (n) of Paragraph FIFTH hereof, in accordance with the specific terms of the Trust as hereinabove set forth as though said children were included in the spe- cific terms thereof. NINTH: Should my said wife and my children, GRETQ~N LYNN RITTNER, ERNEST L, RITTNER, II and JEFFREY SCOTP RITTNER, and any other children which may be hereinafter born of my marriage with JANICE A, RITTNER, predecease me or should we all die at the same time as the result of the same accident or disaster or during a joint last illness, or under circumstances that are such that the order of our death cannot be ascer- tained with reasonable certainty, then and in any of such events, i hereby give, devise and bequeath my said residuary estate, as follows, unto my Mother and Father, FRANCEB RITTNER and WILLL4M RITTNER, or the survivor of them. TENTH: I direct that all dividends upon shares of stocks at any time constituting part of my estate or any Trust hereby established payable in stock of the corporation declaring the same shall be deomed to be corpus, except that such stock dividends paid regularly (i,e. at regular or substantially regular intervals) out of currant earnings, may in the discretion of my Exncutrix or Trustees, be deemed to ba income d cemrmineexhether anyTaruuchedividendahare Boll ipowTr and authority to rent earnings, All cash dividends, irrespective whetherlthe same are i of the kind sometimes described as ordinary dividends or of the kind sometimes described as "extraordinary dividends," excepting liquidat- ~ ing dividends, shall be deemed to be income, and my Executrix and Trustees shall also have full power and authority to determine Whether any divi- ~ Benda upon shares of stock in a wasting-asset corporation, and whether the oneideclaringdther amaioor otherepropertyf ehall~beratreated as than ~ corpus or income or in part corpus and in pars income. Any election ' or determination pursuant to this paragraph may be made by my Execu- trix or Trustees, irrespective as to whether the dividend in question shall in fact constitute corpus or income provided, however, that nothing in this paragraph contained shall be deemed to authorize my Executrix or Trustees to retain any dividends or any portions thereof, j insofar ae such retention would result in an illegal accumulation of income, ' In the event that rights to s):bacribe to securities or other ' property shall accrue upon any of the securities or other property, my Executrix and Trustees are authorized, in their respective sole discretion, to exercise such rights or to sell the same, and, insofar ae may be permitted by law, the proceeds of such sale, or in the event of the exercise thereof, the value thereof at the time of such exer- i ciee, shall be and become a part of the corpus. ELEVENTHe I hereby give unto my Executrix, or her~euccoseor, hereinafter named, and to my Trustees, hereinbafore named, the fullest powaF-.and-authority in a}}.meltere end-questions pertaining to-the thisnmytLaetoWill mood Teetamant,Tincluding®cbutnnot bypwayiofolimita- tion the power and authority to determine Air a....,,~..., or her suoceseor ""'r °°~~wraza ana empower my~x~u- , pending ^sttlement of my estate, to sell, convey, -9- ~~~ , ~~ - I ~! ~. I ~~ - •Y II .. .. .. ... .~ _ '' . ~~ • mortgage, lease, exchange, encumber or otherwise dispose of any and all o! the property, real, personal or mixed, at any time belon in ~` ,• to my estate, either at public or private sale, without prior ap- g proval of any court, and at such times and for such price or prices ~~ and in any such case upon such terms as she may think beat in her ~i discretion, and I authorize and empower my said Executrix to exe- ~ cute, acknowledge and deliver [o the purchasers, grantees, mort- '1: gageea, vendoea, asaigneae, or other persons, each contracts, deeds, ~,~ mortgagee, bonds, bills of sale, and all other instruments of writ- '" 1i ing neceaeary or proper without 6bligation upon the latter to see to ~ the Proper application of the proceeds. She shall also have the power ~~ to compromise or otherwise to settle or adjust any and all claims, I; charges, debts and demands whatsoever against, or in favor of, my !" estate as fully ae I could do if living. She shall further be em- i~ powered to carry on and conduct any business enterprise in which I ~; may be engaged at my death, to retain any assets, including stocks ~; or securities which I may own at the time of my death, pending the settlement of my estate, without regard as to whether or not such ~~ assets or securities are legal inveatmenta for fiduciaries, and may make distribution in kind to my Trustees. Pending settlement of my '~ estate, she shall also have the authority in her discretion to convert, ~~ sell, exchange or dispose of such assets and securities either for ' cash or for terms satisfactory to her and 'to acquire other assets ~' without limitation to aecuritiea or inveatmenta a§ may be declared ~: ~ legal for investment of Trust funds. My Executrix and her successor shall further be empowered to borrow money, and to pledge assets of my estate ae security therefor, fox the purpose of paying taxes which • `!: may be levied upon or payable by my estate, in accordance with this Will in the event that funds in the hands of my Executrix or her suc- T~~' ceasor, shall ba insufticient to .,; of my Executrix, or her succesaorPaiteBCh taxes, and if, in the opinion auritiea and other assets, real and personal8 wouldcthenrbe made at ~~' a sacrifice. .I • !• . ~„ or any su~eLCessor= namedybyimecha ein,nahalifbeyre9uiredito givetbond, or other security, required by law or otherwise, for the faithful per- formance of their duties, whether as Executrix or Trustees. THIRTEEIiTHs I hereby nominwfw_ ,.....etu..~_ ~_~ ____.__ . _ ~I2fueee this appointment, predeceasea~ma, or-for any ~otherareasonlis~ unable to serve, then and in that event, I do hereby nominate, conati- tute and appoint tie NATIbNAL CENTRAL BkNK as successor Executor of this my Last Will and Testament and to have all the rights, privileges and duties conferred and created by reason of said appointment. I . `urth~r hers e~ominate constitute and appoint, as hereinbetnr.. awr and -10- ~~~J y rrw~~n 'I ~~ I ___...._.______...__ __._~____._____-___....__.... 'I i v .. • •• appoint my Father, WILLIAM F. RITTNER and the NATIONAL CENTRAL DANK ij ~I •• ` to be the Trustees of this my Last Will i „i f~ the rights, privileges and duties conferred andteseated bytreaeon ofl said appointment. In the event the said NATIONAL CENTRAL BANK shall consolidate or merge with another corporation of fiduciary character and having power to act as Executor and Truetoe, including a national bank in this state having the proper permit to act as Executor and Trustee, then I nominate and appoint such successor corporation or bank as the successor Executor of and the Co-trustee under this my Last Will and Testament, and I direct that it shall have all the rights, powers and privileges conferred hereinabove upon the said NATIONAL CENTRAL BANK both in the capacity o! successor Executor o! and as Co-trustee under Paragraph FIFTH of this my Last Will and Testament. .,~ IN WITNEBg REOF, 1 haw hereunto set my hand and seal this .t day of ~ c•. ~ • , }gam , /4>y .._---.. ~~ f "~ ~ ~ ~ (SEAL) Er s R ttner gIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testator, ERNEST L, RITTNER, as and !or his Laat Will.and Testament, in the presence of ua, who at his request, in his presence, and in the presence of each other, all being present at the same time, haw hereunto set our hands as witnaeaeei Na Address M'~ ' N A~dress~~_ Name Address QAti'C ~J \ i 11 } !~ [~li ~i iy .~ _ f~ • 1 9$fi tl ,~ i i~ i - OATH OF SUBSCRIBING `NITNESS i' '~. COiviDlONtt'F.AL'fl{ OF 1'IiNNSYLVANIA r. ~1 COUNTI' OI' CUAIRI~.RLAND es. l~ ~; This :...................... 29th DecembeY ................................................. cb,y of.................... ..............._........................... A.D.,19.78 _. j before mr Richard F:. Anderson, Register for the Probato of 1Vills and granting letters of Administration li in rind fur snid County of Cumbrrluncl, in the Commonwealth of Pennsylvania, personally came .............. I~' ~, .......OP.11n..kn...$DY.~er ................. ............................................ ~j: the subscribing witnesses to rho furngoing instrument of writing purporting fn be the Inst 1Vill and r. ; Testoment of ...........Ernest Ir• Rattner ~: .........................................................._-__ t~..,..., Febraw rv a leis. ~. ii . r; r '~ , i i i ~! Silver Spring Township, ~ . Intr. of ............................................................................. ........................ Cumberlond County Pa., deceased who being duly ............ eworn•.-.•-------------- nceording to law, depose and say, that ...h4.. was„-- .................... present, and saw and heard the testa..tor, Ernest L. Rattner, . ............................................................... . ............. sign, seal, publish, pronounce and declare the snid instrument of writing as and for h.i~........... Testament and Last tPill, and at the time of so doing . Ernest L. Rattner ..................................was of sound and disposing mind memory and understanding, to the best of .~??!!.-L.-.Sn~/dez' .....knowle ge, obsxt~vation and belief. i // ......... Sworn to '-. . .... .......................... d subscribed before ......: ~1V... ` t ........... ~1n1 ........_Donn..L~...s~yaer ................. ... ti..s. ... `' ...................... ................ ............ .......... Richard E. Andc ................ ........................................_. - . rS4Gw~CYister ...................................... s~~~ i AFFIDAVIT OF DEATH .ACTH OF P1;NNSYLVANIA CUMBCRLAND } ss: at or about ................................................................._ ing duty ............... that as nearly as can be ascertained rho acid dace t the ........:........... ......_.dny of ........... o'clock, .... ....................................................and subssvitfed this 19, ........, before Qichnrcl fi. ,\nderu,n, Register on A.D„ 19.._..., aei~ _.. _.... _-- ------_-------~- ~,,.x.. .I ' OATH OF SU©SCRIF2ING VJffNCS$ I~ I I ~' i COMMONWEALTH OF PGNN3YLVANIA ~! °"` !1 COUNTY OF CUMBERLAND ~~ :: ~~ ~ Thls .................... .. .r~~....~c.......................doyoL... ~: ~~..r..f..:rrr:~rL~iF.'...,.................A.D.,19:~.? Ik beforo mo Richard L•'. Andoraon, Rogictor for tho ProLnrn ~r wo:. ,....e .___.:__ ._.. _ .. ., in and for said County of Cumborland, in tho Commonwoalth of Ponnsylvonla, pareonolly camo .............. ,William D. Doswell, one o! tho eubxcribing witnesses to tha ................................................................................................ foregoing Imtrumant of writing purporting to bo tho last Will and Toetamontof ...............Ernont L. fiittnor„.,.,,,••.,.,• ........... ................: Dntod ,Fcbr...~.~..197.4........... latoof ............... Silver 8rrin~,To!mshi~•...,,....,..••..•.........•CumborlnndCount Po. docoacad who boing duly ..................aworrt....,....: Y , .. sccording to law, dopoeo and say, thnt .... eho..wsa prceont, and sow and hoard the taeW.....1;A> :..................... ........ Srnoot..L .. i ............................ . R ttnor ................. sign, eesl, publish, pronounce and doclero tM seld inetrumont of writing ne and for h.i°,,.,,.,,,,, Toetamont and Last Will, and at the time of so doing= :..................,,, he,,,,,,,,,,,,was of round and disposing mind memory and undorotonding, f4 the boat of ...............hsr......................~nowlod •^ • ga, obeorvation and ballot. sworn ............................................... a 9ubecribad boforo ..:rakz.,r>ia .kt,G.~~~:, Rkhnrd E. Andorroq,tjy~~~••••••••••••••••..........••••••• ~: Lrk ~ AFFIDAVIT OF pEATH ' r COMMONWEALTH OF PENNBYLVANIA COUNTY OF CUMBERLAND ~ ~• i e .- ............S/A3!, ,,,,,,,,,,,,,,,,,,,,,,,say.-that aeneaa'ly oaaaa be_eseertained-tho said deoedsnt .......................... ........,~.RN E~T.......~.:...1~.~..r..~r~ ~'~•.. . ......................................................................................dlod on ..........~~.A.~i~1kl,~..... the ............ta~..~~......d~y of ...fi~.u:rnn ..................... A.D., 19.~..~ at or nbout .......................................... o'clock ...M. .. sworn ,and anbecribod this .......... ..........................28th day of ........DecemUer ....... 19, 78...., boforo d ...... ....... .... .. .. .r:..... .......,........................... Richard E. Andoreon, Ragletor .:~. ~..~"`.p"_._.. .ni ~i8 le~i Ij I' II 4~ l i i~ ,N ~. it ~~ !i t' ~I ~~ .'. ,. I ~I .I i~ r. ~.1 ...... ... pose an say/t at as.. ..7~lw.C..IA...fR.l.:fem ............................. j; of the last Will and Toetament of ...~,~,sleaT......<..:...../.LA:7!~'7.`!v~° ~ .............................deceasod ...... ti :......:~........... will well and truly administer the goods and chattels, rights and credits of said deceased ~ eaording to law, pnd also will diligently comply with tha provisions oC the law relating to Transfer !' Inheritancca............sworn and subxribed "' before me. ,; ........... .... . .. i ~' OATH OF Pc^RSONAL REPRESENTATIVE I' f 1 COMMONWEALTH OF PENNSYLVANIA !! ~ '' i COUNTY OF CUMBERLAND 1 ~ SS: I, I- Before me, the Register Cor tho Probate of Willaland granting of Letters of Administration iri and Cor '~ the County of Cumberlnnd, personally came ......(/!91'.,~.C,Cr.C.......~i R~~~~~ a I` 1 who, being duly ..rgulp~.~., do K.a de d h ,~ -}' ~~ December 28 ................~ .~~.~...........~.. A.. D.. .18 .'8..... .`~~~~Z'//ii.dlJ....~..... ............ ., '' ................: `..c'~a'~~:1: .... .... ............................. Richard .Anderson, Register ~~ ................................................... i p~ (' 'LLLq^. s.~.~. _. 1 ~ x'11 h .~ ~1. ~ ~: .~pr O F i ~.: d 1 H ~ ^~ N ~wi/ ~ . O ...I • ~ Po e a; .. j' ` c~ ~ 3 Fi a`[ Cwi a?: v ~ '': t'~f g ~ °` `.t a •v o x w c m • m a . b: ~ DECREE ~~ Tenue j; He it remembered that on tha ......~M........... day of .......................... rY..............., A. D., 19 79.... there ~; wm probated and rernrded the last Will and Testnmant of .. Ernest L. Rattner .... IateoC ..............311gor Spr1n~.Toxnahip..._.,.... Cumberland County, Pennsylvania, Deceased.Letten+ :; TeatemontarY Janioe A. Rattner :, ....................................................... were granted to .................................................... ........................................ I.• Witaees my hand and oCiicial seal the day and year etoreesid. n n, 6" ............................ ... ~'t.:..ic........,~ ' ~ Richard );. Anderson, ReEister. n... yV.J...r IN RE: ESTATE OF ERNEST L. RITTNER ) Janice A. Rittner, Executrix ) On the Petition of JANICE A. RITTNER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION Estate NO. 21-79-0004 JOINDER I, GRETCHEN R. MCLEISH (formerly GRETCHEN LYNN RITTNER), join in this Petition to Appoint Successor Co-Trustee filed by Janice A. Rittner to have Gretchen R. McLeish (formerly Gretchen Lynn Rittner) appointed as Co-Trustee with Janice A. Rittner under the Last Will and Testament of Ernest L. Rittner. Witness: EN R MCL''~ISH GRETCHEN LYNN RITTNER) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Q, vL, SS: ON THIS, the ~~clay of~n, , 201 I, before me a Notary Public for the State of Pennsylvania, personally appeared Gretchen R. McLeish, known to me to be the person whose naTme is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. N PFfblio~4~ ~~~~ NOTARIAL SEAL JACQUELINE A KELLY Notary Public CITY OF HARRISBURG, DAUPHIN COUNTY My Commission Expires Dec 17, 2011 IN RE: ESTATE OF ERNEST L. RITTNER ) Janice A. Rittner, Executrix ) On the Petition of JANICE A. RITTNER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION Estate NO. 21-79-0004 JOINDER I, JEFFREY SCOTT RITTNER, join in this Petition to Appoint Successor Co-Trustee filed by Janice A. Rittner to have Gretchen R. McLeish (formerly Gretchen Lynn Rittner) appointed as Co-Trustee with Janice A. Rittner under the Last Will and Testament of Ernest L. Rittner. Witness: COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~ : SS: ~-- . ON THIS, the ~ day of _ ~ n 2011 before me a Notary Public for the State of Pennsylvania, personally app 'Jeffr ~Rittner known to whose name is subscribed to the within instrument and acknowledged that he executed the stamen for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. N tart' blic NOTARIAL SEAL JACQUELINE A KELLY Notary PubUc CITY OF HARRISBURG, DAUPHIN COUNTY My Commission Expires Dec 17, 2011 IN RE: ESTATE OF ERIVEST L. RIT"TNER) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION Janice A. Rittner, Executrix Estate NO. 21-79-0004 On the Petition of JANICE A. RITTNER I, ERNEST L. RITfNER, II, join in this Petition to Appoint Successor Co-Trustee filed by Janice A. Rititr-er to have Gretchen R McLeish (formerly Gretchen Lynn Rittner) appointed as Co-Trustee with Janice A. Rittnet under the Last Will and Testament of Ernest L. Rittner. witness: STATE OF NEVADA ~~ ERNFST L. RI1'iNER, II SS: COUNTY OF w~-5 H~~ ON THIS, the ~ day of a ~~ ~~ , 2011, before me a Notary Public for the State of Nevada, personally Ernest L. Rittner, II, known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the sazne for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and officio seal. NOTARY PUBLIC STATE OF NEVADA Co~rMy of VN~M~w „~ ,~ zlioNC3 wEl cfnEN rte. ~ zu~a TRUST UNDER WILL ~ OgITTNER ,~' ERNEST 5,1974 Dated February TION TO SERA CIpTION AND DECLTNRUSTEE RENUN AS SUCCESSOR d Testament dated February ast Will and said Will was accepted for Ernest ~ttner execute er ~ Executor an WSERE desig~ting J~rce A• ~~ 5,1974 ~~~wlanu)ary 3,1978. National Central Bank e Agreement, Estee of the probate on irteenth of th ~ to serve as ~cle Th with Janice A• Kitt" AS, under Art WHEN °minated along entral sburg> PA vvas n ational C of Ham Will; and interest to N Trust under Bank> N p, is successor in W~REAS, Wells Farg° ent as trustee, PA•; and ted its appointor B~ of Hamsb"rg' never accep ~O~ed any acts of o Bank, N •Aand did not Pe W~~AS' Wells Farg inistration> assets for adm st thereunder; and accepted ar-y to the Will or tru d renounce and never of or related ower to administration ~~ N,A, has the right an P WxEREAS~ Wells Farg° B stee. d declines its ent as successor tru hereby renounces an ointm N.A• to Janice A. Rittner decline its aPP wells Farg° Bank' NOW TDEREFO~~ a or possible successorship appointment as Trustee and any futur Will. SSOCIA'rION under the NAT ONAL A ~ S Z~ ~ ~ C,O BAN Date: WELLS FAR ~ !' A .~L(, B y : .JC:J+1o;- ~1 ~- plle.S lc~~ 1 And<~, ~, M~.IZ~ ; ~-- - 1 TRUST UNDER WILL OF ERNEST RITTNER Dated February 5, 1974 RENUNCIATION AND DECLINATION TO SERVE AS SUCCESSOR TRUSTEE WHEREAS, Ernest Rittner executed his Last Will and Testament dated February 5, 1974 ("Will") designating Janice A. Rittner as Executor and said Will was accepted for probate on January 3, 1978. WHEREAS, under Article Thirteenth of the Agreement, National Central Bank of Harrisburg, PA was nominated along with Janice A. Rittner to serve as trustee of the Trust under Will; and WHEREAS, Wells Fargo Bank, N.A, is successor in interest to National Central Bank of Harrisburg, PA.; and WHEREAS, Wells Fargo Bank, N.A. never accepted its appointment as trustee, never accepted any assets for administration, and did not performed any acts of administration of or related to the Will or trust thereunder; and WHEREAS, Wells Fargo Bank, N.A. has the right and power to renounce and decline its appointment as successor trustee. NOW THEREFORE, Wells Fargo Bank, N.A. hereby renounces and declines its appointment as Trustee and any future or possible successorship to Janice A. Rittner under the Will. WELLS FARGO BANK, NAT ONAL ASSOCIATION BY: ~ Date: ~ Z~ 1 C~ ~- - 7 THE PRIVATE BANK June 17, 2010 Roland Gray, III, Esquire Rubin and Rudman, LLP 50 Rowes Wharf Boston, MA 02110 Re: Ernest and Janice Rittner Dear Mr. Gray: Andrew C Melzer, CTFA Regional Trust Manager Senior Vice President 600 Penn Street P O Box1102 Y1480-040 Reading, PA 19603 610.655.3135 610.655.0395 Fax Enclosed is the executed Renunciation and Declination to Serve as Successor Trustee for the trust under the will of Ernest Rittner. Sincerely Andrew C. it Sr. Regional and Sr. Vice ACM:cmb Enc. Page 1 of 1 Jacqueline Kelly From: Freed, Kathy [Kathleen.Freed@CITIZENSBANK.com] Sent: Wednesday, February 23, 2011 1:09 PM To: jackiejlb@verizon.net Cc: O'Brien, Beth L Subject: follow up Hi Jackie, I wanted to follow up on our meeting earlier this month. It was a pleasure meeting with you and hearing about your practice. In answer to your question, our minimum account size is $1 million and any existing trusts that we would accept would have to be reviewed on a case by case basis. Best regards, Kathy Kathleen F. Freed, CFP® Senior Vice President Citizens Private Bank 8 Trust 3025 Chemical Road, 194-0395 Plymouth Meeting, PA 19462 '~ 610-941-5328 Cell 610-248-6044 Kathleen.Freed~citizensbank. com „~~~~ri~ ~~* ~titizens Bank Use of email is inherently insecure. Confidential information, including account information, and personally identifiable information, should not be transmitted via email, or email attachment. In no event shall Citizens or any of its affiliates accept any responsibility for the loss, use or misuse of any information including confidential information, which is sent to Citizens or its affiliates via email, or email attachment. Citizens does not guarantee the accuracy of any email or email attachment, that an email will be received by Citizens or that Citizens will respond to any email. This email message is confidential and/or privileged. It is to be used by the intended recipient only. Use of the information contained in this email by anyone other than the intended recipient is strictly prohibited. If you have received this message in error, please notify the sender immediately and promptly destroy any record of this email. 2/23/2011 ~~1 ~^~~-~ ~` ~S`~ . ~~, a~~ ,s.. w. el-DYkD F^OY A ODapaAT10N. A. Isa1, ~~x~ r~~.er~~a~~~, i~. sat 11)t 30th day of April, A D. sae teaotad aloe eendrad sad aeVQnty-three (1973) Between the CerperaeW by the wmy ttyln ^nd ntLt et AITTNEA'S DI.YER CO., a corporation of the Commonwealth of P¢n.-tsylvania, having its principal office and place of business in the City of Harrisburg, County of Dauphin and Commonwealth of Penrisyl- vania, Grantor, oteM enepan^„d WILLIAM F. AITTNER, FRANCES M. RITTNER and ERNEST E. RITTNEA, all oP the Township of East Pennsboro, County o$ Cumberland and C nwealtl~ of Pennsylvania, in the proportions of ownership as her~~inoa~ter set orth, ~~ ~ T ,a3lredeatswr Grantees, of ten other part i'tlittttsstt!) 'rlwl t1a; iaW Rittner's Diner Co. ter and le aw- alderntt^we[tb^eus sf One ($1.00) Dellsry ]awful me^ey of tAO United State, to It in baud paid L1 the a-W Grantees ae Wn time of the caautlen ecrmf, tee reeeipt wesrm[ la hereby ^ee^owleddel, boa Oanled, brpe.ed, mW, limed. eeteol&d, releeael and mn6rmed, and by then prexet^ deu gravy butaiw, Hell, alley metes, re- ~William F. Rattner 408, Frances M. Rattner 303 lease and eaeden a^b the ^.W and Ernest E. Rattner 308 of the title to said ~~~:[ their heirs and assigns, trtTth^reenaln-pkerarp.,ee}sF~nh,kn,M ALL those four certain pieces or parcels of land all lying and situate in the Dorovgh of Lemoyne, County of Cumberlatd and Commonwealth of Pennsylvania, more particularly bounded and descrih~d as follows, to wit; being TractsNo. 2, 2, 3 and 5. T CT NO. l: BEGINNING at a point in the road at the east corner of t a intersection of the extension of the lines of Lowther and ThirB (formerly Rossmoyne) Streets; thence southeastwardly along th¢ line of Third Street one hundred thirty-five and six tenths (135.6) feet to a Foint on the western boundary line of the property now or late of Nissley Shaffer; thence in a northeastwardly direction by a line at right angles to Tltird Street and along the last mentioned ,property Zinc, two hunc]red seventeen and eight tenths (217.8) feet to a point on the southwestern boundary line of pmpertp described in Tract No. 2t thence northwest- wardly along line of last mentioned property one hundred thirty-five and six tenths (135.6) feet to a point on fife southeastern line of l.aether Street; then cu in a southweatwardly direction along line of Lowther Siraet, two hundred seventeen and eight tenths (217.8) feet to r, point, the place of Begir-Wing. . BEING Lot No. 57 on the Plan of Lower Walton, laid out by the ~ Trustees of the Estate of James McCormick, deceased, dated October 1, 1915, and rernrded in the Cumberland County Recorder's Office in Plan Book 1, Page 204. ; LESS .071 acres of the northeast corner of said tract which was ~' taken by the Commornvealth of Pennsylvania for highway purposes, causing the corner to be rounded, referonce to said taking being contained in Deed Eook H, Vol. 15, Page 413; and is further subject to the taY.ing by the Commonwealth of Pennsylvania of a portion of the frontage along Low- , Cher Street and at said corner for slope. The first taking was on Oc- tober 19, 195C and the second on January 13, 1953, both condemnations 1 bring in connection with Route 333. t HAVING thereon erected a gasoline Service station and tourist ~~ cabins. eooK~25r:~1p%6 { f i 1 _ L._. 1.. nzn+nn++ z~z~~zz ou r, uaocoi Bean rani isrrv ~' . , ___-__. , ... _l,; i~ ~~ TRACT N0. 2: BEGINNING at a point on the southeastern side of Lowther. '••~act, said point being two hundred seventeen and eight tenths (217.8) feet noat!laast of the intersection of the extension of the southern side of Lowther Street with the eastern side of Third Street (formerly Rossmoync); thanes in a northeasterly direction along line of the east • side of Lowther Street fifty (50) feet to o point; thence southeastwazdll• ~ • by a line at right angles to Lowther Street and along the line of property now or late of Heister C.. Culp, two hundred seventeen and eight tenths I (217.8) feet to a point; thence southwestwardly along the Line oP property now or late of Cornelius Lonkhart fifty (SO) feet to a point; thence northwestwardly along property now or late of Nissley Shaffer and property described in Tract No."l, ewo hundred seventeen and sight .tenths (21`7.8) feet to a point on the southeastern side of Lowther Street; the place of ;~ ' Beginning. HAVING erected thereon a one story frame dwelling house, No. 282 ,~ Lowther Street, Lemoyne, Pennsylvania ,i BEING part of Lot No. 58 on a certain Plan of Lots laid out by J tife James Hdormick Estate, known as Lower Walton, recorded in the Recorder's Office in and for Cumberland County, Pennsylvania in Plan ~ Book 1, Page 2d4: -" f "' - i i THACT NO_. 33: BEGINNING at a point on Third Str¢et (formerly Rossmoyne - Street one hundred eighty-five and eix tenths (185.6) feet southeast ~' of the southeast corner of Thiel Street and Lowther Street: thence north- eastwazdly at right angles to Third Street .and parallel with the line of Lot No. 57 on Plan of Lots of Lower Walton, laid out by the Trustees of the Estate of James McCormick, deceased, dated October 1, 1915, and re- corded in the office for the Recording of Desds in and for the County of Cumberland in Plan Book No. 1, Page 104, two hundred seventeen .and eight- tentha (217.8) feet to a point; thence parallel with Third Street in n ,I northwesterly direction fifty (50) feet along line of Lot No. 56 on said Plan to a point; thence southweatwardly tvo hundred seventeen and ~ eight-tenths (217.8) feat along line of Lot No. 57 to a point on Third Street fifty (SO) feet to a point, the place of Beginning. If !I BEING the northern half of Lot No. 56 on said Plan. HAVING thereon erected a two story brick dwelling house known and `~ numbered as 422 South Third Street (formerly known as Rossmoyne street). ALL that certain tract of vacant ground situate in East Pennsboro I Township, Cumberland County aforesaid: TRACT NO. 4: BEGINNING at a point on the western line of Center Street, I' saa"~poani being at the dividing line between Lots Nos. SS and 57 on the hereinafter mentioned Plan of Lots; thence continuing along the western Iine of Center Street South 15 degrees OS minutes east, two hundred ten and nineteen hundredths (210.19) feet to a point at the di- viding line between Lots Nos. 61 and 63 on said plan? thence continu- ing along the last mentioned dividing line and beyond (erroneously re- "' • ferred to on prior Deed of record as being between Lots Nos. 63 and 64) south 77 degrees 20 minutes west, six hundred nineteen and eighty hue- dredths (619.60) feet to a point on the eastern line of Penn Street; thence continuing along the eastern line of Penn Street north l2_degreea ! 40 minutes west, two hundred ten (210) feet to a poialt at the dividing line between Lots Nos. 56 and 58 on said plan; thence along the said last mentioned dividing line and beyond (erroneously referred to on prior Deed of record as being between Lots Nos. 55 and 56) north 77 degrees 20 minutes east, six hundred ten and ninety-five hundredths (610.95) feet to a point, the place of Beginning. BEING Lots Nos. 57, 58, 59, 60, 61 and 62 on the Plan Of West Enola Acres, said plan being recorded in the Cumberland County Re- corder's Office in Plgn Book 3, Page 22. The above description is preparsd from survey made by n. P. Raffensperger Associates, dated January 21. 1972, a copy of said survey being attached to a prior Deed. TRACT N0. 5: (See attached sheet) acoic~' 25~i ~S7 \~>•7.•1n11 7.71.77 D~• l`I IA ADC DI AAlfl f`!~I IAITV Inef $ 1a79n1RM __.._1 !_1.. T NO. 5s HEGZNNZN G at a point on South ThirdStrect 235.6 feet spot east of the southeast corner of South Third Street and Lowther ? Serest; thence northeastwardly at right angles to South Third Streot t along Lot No. 55, 217.8 feet to a point; thence parallel with South I Third Street in a northwestwardly direction 50 feet along the Line of + Lot No. 58 to. a point at line of lands now or lato of Albert X. Zeigler; ; thence southweatwardly 217.8 feet along line of lands now or late of Albert%. Zeiglor to a point on South Third Stroet; thence southeast- S wardly along South Third Street 50 feet to a point, ,the place of be- ginning. ( K HAVING thereon erected a one and one-half story brick dwelling house known and numbered as 428 South Third Street, Lemoyne, Pa. 2 1 TRACTS NO. 1 and 2 BEINC the same premises that George J. Danner and Esther A. Danner, his wife, by their Deed dated the 19th day of ' May, 1965, and on the 20th day of May, 1965, recorded in the Office fqr the Recording of Deeds in and for the County of Cumberland in Dead Dook P, Vol. 21, Pnge 127, granted and conveyed unto Rittner'e Dinar Co., the Grantor herein. TRACT NO. 3 BEING the same premises which Catherine M. Wiley, formerly Catherine M. Hessert and R. 8. Wiley, her husband, by their Deed dated the 1st day of April, 1966 and on the 9th day of April, 1966, recorded in the.Office fox the Recording of Deeds in and for the County of Cumberland in Deed Book X, Vol. 21, Page 930, granted and conveyed unto Rittner's Diner Co., the Grantor herein. TRACT NO. 9 BEING the same premises which Jamos F. Sgrignol,i and Marion J. Sgrignoli, his wife, by their Deed dated the 2nd day of March, 1972, and on the 13th day of March, 1972, recorded in the Offfce far the Recording of Deeds in and for the County of Cumberland in Deed Book N, Vol. 24, Page 327, granted and conveyed unto Rittnex's Diner Co., the Grantor herefn. I; TRACT NO. 5 BEZNG the same premises which Joyce A. Snyder, single woman, by her Deed dated the 15th day of May, 1970, and on the 18th day of Dlay, 1970, recorded in the Office for the Recording of Deeds in and for the County of Cumberland in Deed Book Q, Vol. 23, Page 121, granted and conveyed unto Rittner's Diner Co., the Grantor herein. "' Rittner's Diner Co. under date of April 2, 1973, under and in accordance with the provisions of Article XZ of the Business Corpora- tipn Law, the Act of. May 5, 1933, P.L. 364, as amended, approved a ~~. Plan of Dissolution and under date of April 3, 1972 executed a Certifi- j Cate of Election to Dissolve said corporation, which Certificate of Elec- ,.; tion to Dissolve under date of April 18, 1973, was filed in the Office '. of the Department of State, Corporation Bureau of the Co:mnonwealth of Pennsylvania, and the within conveyance to William F. Rittner. Frances M.. Ri ttner and Ernest E. Rittner is a conveyance in liquidation of said ~~~ . corporation in dissolution and said real property is distributed in this liquidation to the Grantees named herein in the following propor- - tions: William F. Rittner - 409; Frances M. Rittner - 308 and Ernest ~~ E. Rittner - 309, which is in accordance with the common stockholdings j of the three above Hamad Grantees, being the only sharoholdors of said j rnrporation. I 1 ~, =~a m ~TOo eco rte" 25~ue ''" =9°' s.~bS (~ KRaT I ~., ~~_ 1 r fo°o ~: i ~^ i ~ ~(Ny I V S ~ M- If ~_.~ nn~n•.nn... n.71.7 ~f A.1 /`I IA,O LOI AAII'1 /•I~I IAITV Together with ail ald aingalar the 1wildinSs, prlrUe,^,cr. Ixralilamenb awd apparWamnep wbatuavp tl.rreunto bclonaiu~, er fn anywtre apixrtaildng, aml the re'rniou and raaa7adeq renb, faaaes aeJ preRla thercel; anJ all the ntatq right, tttk, Inlernt, prolxttr, claim awd rtetennd vhatsoerar of It. . uv a,id Grantor Tither is Iaw or triulty, of. M and' b tk ramc. Hsu littur ulca iu 1[n1a Uw NW message $ er teaeeenta ud let $ ,~ - i S of aneed mare deoarihd, 6eredttalaen4 and Ixmisea ttetcby grwtad, bargained ani weld, or axlrtioaal, er totaaded w to by wilb the •ppurknuon, amo the acid Giantea5 in the , propor- tion heretofore act forth, their respective heirs awd aaigw, to eai for the Daly laroper vs and &baol el the said Granteea r their respective heirs aml .s+7}sA forerer. - .. And tba uid party' of the'6nt •-part lef aself aad•Ib aoeAetaarsr deEi berEby eerenaet and agrea t• and wieb the aaN Grantaes,. ttjei;..respective heirs ,.• ` ~ aad ablgna, thnt it the said party of the Ent pan aad ib queen+en, NI wTd aingdar the uid hereby arukd, t pfo=[A, et„ei°r pr~sp~eC[iv~e he3raGrantees in the proportion heretofore sat and aaaiywyr ageiaat it tha laid party of the Lrat ptrt ud Ib aeceesaory aad agsiaet sll aad a.ey ether perou wed llaraans whamaxree law[ally ekiade6 or to claim the uaie ~ee ~ part "tkreol . ~i~ttl[ tttt~ 3~tiI1 ~ttrrttttt tttul ~nr¢u¢r ~i¢f¢rtl by th.ae pwerlb. . ..'~1ttt~ the uld . . Rittner's Ditter Co. • doll . Ixrcby constiWte and appoist b be Ita attorney, for it aad to Ya Dame, and u wed for its wrpente act and deed to ukaowbaige thin deed before any person Iwrine aolbority by lbe Lws of Ne Cemmonwuttb of PionAylruis to ttha each aeknewledgaxnt, to tbo Intent lhal the pm{ may he dale rcrorded, ~ ~ , ~Ii u¢STUttttril~ ~lj¢rPnf eha..la Rittner's Diner Co. i ' ltas unwed this hdeahre to be sigacd 6y ib President, attuled by itt her- ~" rctaq aml alE;wl 6ereanto the eeamu and eorpora4 and of tix ufd Cw ntioa, Iba! the sui aaized hereto y the seal of said Corpsntion,that it ,ra ~ ~' as aLised 6y ardor of the Hoard o[ Dirceten of latd Cerpsratiaai, wed that they.aigoe~ their namse bcrcb by 17:e order, Iha aey and year Rrst'abTVt:writ4n: 3falled, Sealed and Dclirared RZT DINRR __~ ' (n the prewnro of H}'=- . ._ ~ ~ _ ...._.~____,_ _ Alteat: C . _______..__ &aeataq ;,~ ~25PUEj_~$9 nonv~n„ e.~~.oo osa rl IAAOCDI aAlll r`r111A1TV _~ Inez a ~o~~ntann ,.._ .. i `-="loo/ Pennsylvania 1 u Gway of L..: ;:b in O^ tbL, tbs ,~~' dy sf April , tp73 , County berm me a Notary public in and for said State an8 / ' per,en.ty appearat William p, Rittner bO °°dQa~d ag1°t'' , ~bv adrrretrkdged blmsrlf b be tee President of Rittner's Diner Co., w eerpsroHsr, end that Le a eacD PYBaident' ~ , M:Jng avtMHsed b de sa, esecated the feeet;olrrg instrument !er Ore purlwres therein tonts(ned b~ alp lag the rams of the em'porsUoq bT bl 'l~r~ ~4jr'•,, Ir arlbre r•hereo/, I Irerevato ast ~ur .~...: __ No ar Public .~-J'~,z TifA eJ O/irir~l' _ ~ n,~ ~ c Sob e! P ~ •: e, Ri1WN' WBUC ~4 . ~ 0:.. r. t.. Grntr of ~ C7tarNrka [Alts +1h ~. !N'f ? . Naanlrq, R pegGia Otn` 16areb~ asrtl/~ that b tb4 da). of In the Teu of wr Lord, one tlmaaand a{na buadred ad the wMerlher ~~' be%re tw, appeared .tyre attsrrR~ tamed t• tha fsetgeing Deed, aad 67 villas of and In yurswnee of the artbatAr tbeteL aevferred tllgp him, •eknoledged Ore aatd deed b be the aM and dad e! the Bald lYltrtu m~ band aM aeal lire dad and rear abrwbt. Tk!e of C[, leer i' l ... .~ . ... .. • ~:~.. Jf f ~ ~ s ~• iii n tn ~ ~ ~ ~ M ~ g ~ ~ 'a~ '„ ~ rt Y ~ ~ m I~ o ! k n ~ rv n s ~ + f~ !K i~' ~ fu i t ' }k. r ' ~• ~ g µ ~b ~ ~ •~ i ! om 1 to jy 1~ io o r ~ ~ ~ a +C ~' F j K ~ i~ ~n a I ~ o' . i I is t0 rn ar o p r j I i ' I ~ { ~ i Gmnwrrwult6 of naaylrula, Gunl~r es. Aeaerded w this ~. ~ dq o[ A. A. ID in tLr: Avmrder~'tr egieeLaf uld Deny M D ke p Yol.~ ~ - . Pnge / D~~G ~ Y7 6lrrn under m~ hwd and stet o! the Bald Ogieey,~th< date alron ~rittenr, ~~ !~ Kccotdcr, ecl~ 25~i;,~~ ~"0 rl3/91 /7M 1 7379'3 PM CI IAARFRI ANfI Cll11NT'V REGISTERED 6Y THE R U H 0~ EMOYNE; PA. -~~ Sr[,rrsry . .~ eed ee {; ~, i i i i ~ ~. II I .. LLL. Inet !! 1g73r17RM _ Pano 1 COMMONWEALTH Of PENNSYLVANIA DEPARTMENT OF REVENUE aUREAU OF [OUNTY LOLL EC110NS REALTY TRANSFER TAX AFFIDAVIT OF VALUE FOR REC ROOK NVMalR PAGE MUY6ER COMPLETE AP-LICAOLE SECTIONS IN FULL AND FILE IN DUPLICATE WITH RECORDER Of OEf.OS W EN (11 THE - ___ __ _ ._.___.. __ __ ,DATE RECORD _. '~_,YVi-~~ FULL CONSIDERATION IS NOT fET FORTH IN THE GEED, 12) THE TRANSFER IS WITNOVT CONLOER•TION OR 1 WfT, OR (1/ A iAK E%EMPTION IS CLAIMED. (REFER SECT, t, RTT ACT OF DEC. 77, I95 t. I. 1. 17/7 •S Au cu nem SECTION 1 (CON/L ETE fOR ALL TRANSACTIONS) Rittner'sDiner CO. 320 Chestnut__S_t., Harr_i_sburq, Pa. 441N r041{I ~- - - .(i~~VYxi~ ' William F. Rittner, 409J Frances M. 2R65 Sunset Drive RittnOr, 30tj Ernoat II. Rittnerl,..40i Camp Hill, P@nnsylvania 17011 LOCATION OF LANG, TENEMENTS AND NEREDITAMEMtS:SOlith@a@t COlE18! 3rd and Lowther Sts, , 282 Lowther St., 422 S. 3rd St. and 428 S. 3rd St., LeRlDyne, Pa. and _Lntz.57_.to_~2_iacl.usi3re Plea_a~wast.~Laola..Acres_(Elan_ ,.. u., ~., ur , . Noon. 4 a n u r4n4 w +c ~oN NwN, ur a. .u4. rrn N •u urn r HOOk T-r Pan_r 74 GWNT• FULL CONSIOE RATNSN f MIGNEST ASS[fSEO VALVE S FAIR MARKET VALUE f RE AL TT TRANSfER TAK /AID f TA% E%ENPT TRANfACT10NSt IF TRANSFER IS SECTION 11 (COMPLETE ONLY If -ROPERTY MAS SUa/E[i TO LIEN OR MORTGAGE A7 THE TIME OP TRANSFER) EXIfTiNG MORTGAGE. { OISPOSI TIOM 40n tG110iE EXISTING MORTGAGE,f OISroNT10N 4 0• i E%ISTING LIEN OE OBLIGATIONa f ~__~ DISIONTION f%ISTIMG LIEN OR ORLIGATIONa S DISPDSI TION SECTION III (COMPLETE ONLY If TRANSFER IS RESULT OF /UDlC1Al SALE( OFF( CIA( CONDUCTING LLE SUCCESSfUL BIDDER NA„t 4nuass - TITLR IUOGEMENT -LUf ~ BID PRK! MIGNEST ASSESSED PRIOR LIENS VALUE g 'v. UN/AID REAL ESTATE TA%ES S ~-- S`-'---- - }NCaY.,Ti'~Y`aa ~ ',~}}T~ ' WATER RENT DUE__ 'd,~'~'• SEWAGE RENT DUE ~-a _ ~ ~}~~ ~ .i~": ax .~j_ u NOTE( CALCUL 4TION5 MUST {E SHOWN iN ALL COLUMNS. ~ ~ ' 1 -. p+ ; dl!oAS ~' SU63CRi ED EEfORE NE THIS ~ t ~~• DA' ~ ALL OF THE INFORMATION ENTERED ON EOTN SIDES Of THIS Af PIOAYIT IS TRUE F $OF N~_ [ r ' ~ ' , ULL AND COMPLETE TO THE ~T+ ~ ~ y. •AC , ~ W - °• 1 ~ BEST F MT KNOWL EDG IMFORMA• 1!:M ( .• t ~ -- ` ~^- • ..a Y ~ 'NOrAIr rusl.c TIO ANO BELIEF. ' wir' ~ 'OONTj1iS10N EXPIRES 1ApL.~_19 77 i r~~ ~ ..:.s%LV °r: ~ ~ a ' t ' 'i ~'~ GRANTEE ^ AGENT fOR GRAM ^ GRANTOR , f ,,// ~T r n„/ , eeolr~2SeA4Ei ] (j] AGENT FOR GRANTOR ^STRAW ^ r, , TRUSTEE 03/31/2011 2:37:33 PM CUMBERLAND COUNTY Inst.# 1973n If THIS IS A Tl AMllil llnu . e.e... .~_.. __ __-.___-~---~__...~_-_~.~~__~~~ _~ v '. - w I MsM'rMML inc. IM4h K 1 Frm. M d IfO~M,r~ad hr M~MM"°'a~N 1 ~D I ~` ~ P.T GC99:G~01 FIC: hF TIIC ~~ ~ ~ ~ NCCO~CN CF 7"ib5 ~CUNCE 1: tNb CC 'Y ~.~ ~• MADE THE ~' dap of ~vt"r~u$ ~ itt the year of oua Lord one tAowsnd xixe hx red Seventy-eight (1978) :II BETWEEN WILLIAM F. RITTNER, FRANCES M. RITTNER, his wifo, EANEST ~~ ~ RITTNER, and JANICE E. AITTNER, his wife, parCiea of the firsC part, i GYantor a , and WILLl'AM F. RITTNER, FRANCES M. RITTNER,. and ERNEST RIT'1'NER, parties of the second part r t i ! Grantee s: WITNESSET$, that in sensidaratton o/ Ona Dollar and 00/100----------------- i ' ~ in hand paid, the rsetipt wAersaJ is Aarebt! deknomisdped, the raid Qtantor a do hsrs6y prani I and convey to the said~~prantses , ALL THAT CERTAIN tract of land situate in Lemoyne Borough, Cumberland County; Pennaylvanis, more particularly bounded and described in ac- ~, cordance with the final subdivision plan of Michael C. D'Angelo, R.S., dated March 2, 1978, as follows, to wit: I ' BEGINNING at a point on the eastern line of 3rd Street, said point •bein measured by same in a southeasterly direction a distance of i 135.60 feet from the southern line of Lowther Street Extended being the southeast corner of the intersection of 3rd and Lowther Street, ~ said point also being referenced at the southwestern corner of Lot No. 1 on the hereinafter mentioned plan of lots; thence. North 33 de- greee 45 minutes 42 seconds. East. along tha southern'line of Lot No.l on said subdivision a distance of 175.0 feet to a point; thence North I: it 56 degrees 14 minutes IS seconds Weat along the eastern line of Lot No. 1 on said plan a distance of 135.60 feet to a point on the southern line of Lowther Street; thence North 33 degrees 45 minutes 42~aeconda East along said southern line of Lowther Street a distance of 92.80 . feet to a point: thence South 56 degrees 14 minutes 18 seconds East ~ along the western line of lands now or formerly of Shelley a diatanca of 21'7.80 feet to a point; thence South 33 degrees 45 minutes 42 seconds West a distance of 50.0 feet to a point; thence South 5b degrees 14 ~ minutes 18 seconds East a distance of 17.80 feet to a point; thence ~~ South 33 degrees 45 minutes 42 seconds West along the northern line of other lands of the Grantors herein a distance of 217.80 feet to a paint on the eastern line of 3rd Street; thence North 56 degree's 14 !I ,minutes 18 seconds West along the said eastern line of 3rd Street a distance of 100.0 feet to tha point and place of BEGINNING. BEING Lot No. 2 on the final subdivision plan for William F. Rittner, as recorded in the Cumberland County Recorder's Office in Plan Book 32, Page 144, on May 25, 1978. The aforesaid Lot No. 2 is composed of formerly all of Lot No. 56•, the residue of Lot No. 57, and part of Lot No. 58 on the plan known as Lower Walton, as recorded in Plan Book 1, Page 204. BEING the same premises which was conveyed unto the ,joint Mortgagors herein by the following deeds:- a. Lot tlo. 57 bung part of Tract No. 1 set forth in lleed-Book 25-C, Page 1067• b: part of Lot No. 58 being all of Tract No. 2 as aeC forth in Deed Book 25-C, Page 1067; c. the northern half of Lot No. 56. being all of Tract No. 3 as set forth in Deed Book 25-C, Page 1067; 600CA 2S PAGE 1 i ~._.. ,., ......: d. the southern half of Lot No. 56 as set forth in Deed Sook 23-)C: Yage 3~/. UNDER AND SUBJECT to restrictions, easements and condtions of prior d 1 recox THE PURPOSE of .the within described deed 1a to. compile Che various above conveyances into one pazcel hereinafter known as Lot No. 2 afoxe- said. -' RND the mid grantors Asrsby coveaant and agree 'that they } w+71 warrant GENERALLY , fAe property Aeraby conveyed. _! f .._ ~.: [N WITNESS WHEREOF, said prar+t%'8 have he1'81Lnt0 set their ha+rds and seals the day and Year first above written. . ~ py,,.s.p..w.,s r11+..t ~'~ ~ L,j.IAM F. RITTt . ~ {w t4r rrrePO rt f G~.//cam/y-Jyr..-~~.~ - .~....-. .. a11~L a. r .C~,~y.ryyi~~+[yi IAeL ~~ JL 0. . ICE E. R~1f~~'~ '. i i i Stets ol~j.~~-{(~v0~~ . ~ ~ra. Coanty of e.LL!'+I~J~~ day c/ /t _, OU,G,} , ie'tP , 6a/ore mc.. s On tA4, the 0bii~~ lJ.•u 7 'ths undersigned odicar; pe*+onsIIyy a~~~ppcored WILLIAM F. RITTNER, FRANCES M. RITTNER, ~ his wife, ERNEST RIITNE[t, and JANICE E. RITTNER, his wife eabeeribed to tM . _ A+noum toms (or satie/aetorily proven) to be thepason9 who Hans s are within {+utramsnt, and aoA~wwledged that they azeeatsd dame la fhe paryass tAare{n 1 IN WITNESS WHEREOF, ! hernatito sat mY hand and official seal. '>~; ,`:' ~ ' ' :` ~' +*L ' •,y',: e;` '~' ~"• o , susu+AluvxiKxehryP~lio <;`~~ Ia. C,.~...t»+,.. F•r}.n Ck1.72, I9N Tit[t o% n.>~F~si'" ° . /Y r~a . ,; ,~ A c a hereby csrtiJy that the precise residents and complete pat o,~ce addrtas w~~ grantee {s S,/a S ~ .Sii£A~TNMO~ J~~%dfi ~'~^~ ~y7t 1D7~ ~ Ir`FCtfAn/icS6/RG~ ~ /7oS~l O~ ~ ~ I BOOKA 28 PACE 2 TaxDB Results Search Results for the 2010 Tax Assessment Database Page 1 of 1 Dews. phtrktNe t~...fR LLesume thPeedt Uneeti.a Street tbreerl C[4 em,Txpe [c9nRnt ldz.~ru c..t..av.i CrdoaY.at ~x79tyet Cu~heN.T 1; vour+c. ~ 13-3b ~~ ~ ~ , ~` 403 S Y,HIRD ' IANE'f @ C/O AWERADA/CBC CV 236A STREET 131600 )61400 095000 J DAVID BUS(PIESS TRST ~ - L Er AL u~~r~` http://taxdb.ccpa.net/results.asp ~-dl ~G~C ~~. a~lut~i~U 1/14/2011 TaxDB Results Search Results for the 2010 Tax Assessment Database Page 1 of 1 qua v a vrmir m u. firm column for inmvi Mnl lipi DenW l~tuelNo M1rtel-JR M '~rtix HowxNO Pim!ioa Shea {hra~rt C!9 -!oyTYY- Ptoallec l.iy~~ (;~r1.roAYo1 GodmRYtl CnrTOlY~il C~Pn1Ye1 Ar 1i-22- .. ... ....__ YOUNG. - _._ 4426 ~ 12 0822- ~ 282 LOWTNER JANET EEN SOUTH DnaJS 2288 STREET 4 '1}{IRO 224800 575200 800000 .gr MVID RITTNER STREET ~ i~i~ ~u~ u ~Lt t`~ http://taxdb.ccpa.net/results.asp 1/14/2011 Cumberland County Board of Assessment Appeals Old Courthouse, First Floor One Courthouse Square CarNste, PA 17013 12001371-I1-890 hrdRurllhruhrhJlnrhllluubrbdlurlrl6lmh61 oalsl YOUNG, JANET & DAVID T14 al & KATHLEEN & SANEST RITTNER sUITa Loo 182 LOWTHER STREET LEFIOYNE, PA 17043-2043 THIS iS NOT A TAX B ILL Cumberland County Board of Commlasioners Gary Eichelberger, Chairman R~hard L. Ravegno, Vice-Chairman Barbara B. Cross, Secretary .. DECISION NOTICE -CUMBERLAND COUNTY BOARD OF ASSESSMENT Ai'REALS This is your official notice of the decision by the Cumberland County Board of Assessment Appeals regarding your informal appeal of the assessed value of the real property described below. The Board has determined a change in assessed value, as indicated and explained below. NaILINp DATSt July 16, 4010 Manic. s 14 - LEMOYNE HOROUOIt sohoolt 9 - WSBT BMORE BD Location 4H4 LOMTrrBR BTABB? a X46 BoVTt[ TMZRD 8TA8LT LOT 4 Pa 32 PO 14t Taxable Property Vnit/Lot IDs L-0004 Land Bizet .96 acre^ Property Typet CO Cotxaezcisl - Office Parcel Identifier. ia-21-081a-a1Bs Effective for Tax Year: 2011 APPEALED BOARD DECISION ASSESSED VALUE ASSESSED VALUE Land aa4, Boo aa4, Boo Bulidlnpc TOTAL 605, 900 830,700 575,100 800,000 a Lard NO NOT BulWings APPLICABLE APPLICABLE TOTAL Tax Status Taxable Taxable Clean and Green Status DECZSIONr The Hoard has APPROVED the Aevierr AliDraiasr's Ascotmaendatioa as a result o! information gathered at an INFORFt]-L REVIEW. cc: Secretary of Municipality Secretary of Schoo! District Ed Schorpp, Solicitor owc~~~ IN RE: ESTATE OF ERNEST L. RITTNER Janice A. Rittner, Executrix IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION Estate NO. 21-79-0004 ORDER OF COURT ~h AND NOW, this ~~ day of QQ t ~~ , 2011, upon Petition of Janice A. Rittner, it is hereby ordered and decreed that Gretchen R. McLeish (formerly Gretchen Lynn Rittner) is appointed as Successor Co-Trustee along with Janice A. Rittner under the Last Will and Testament of Ernest L. Rittner, to have all the rights, powers and privileges conferred and created by said appointment. BY THE COURT: n ~~ ~'} -17 ~ y ~~~ ~~~~ GiC~Q ~~ ~ --~i A J. r7 -~` ~ 3 ~~* - _.. " i- ~. ~.n ~~, ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: JANICE A BITTER, EXECUTRIX CUMBERLAND COUNTY PENNSYLVANIA NO.21-79-0004 CERTIFICATE OF SERVICE OF ORDER ORDER DATE JUDGE'S INITIALS: TIME STAMP DATE: 4/13/11 IN RE: ORDER OF COURT SERVICE TO: JANICE A RITTNER GRETCHEN R MCLEISH JEFFREY SCOTT RITTNER JAN L BROWN & ASSOC ERNEST L RITTNER II METHOD OF MAILING: ENVELOPES PROVIDED BY: ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 4/14/11 ® PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT SERVICE TO: METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT ,~~~_ Deputy Clerk of Orphans' Court