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HomeMy WebLinkAbout07-15-11 (2)1505610143 REV-1500 x(01-10) OFFICIAL USE ONLY PA Department of Revenue pennsylvania County Code Year File Number Bureau of Individual Taxes DEPARTMENT OF REVENUE PO 60X.280601 INHERITANCE TAX RETURN 21 11 010 9 Harrisburg, PA 17128-0601 RESIDENT DECEDENT ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death 199 38 0957 O1 03 2011 Decedent's Last Name Suffix FOUGHT (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Date of Birth 05 21 1942 Decedent's First Name MI JAY W Spouse's First Name MI Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF Vri/ILLS FILL IN APPROPRIATE OVALS BELOW 1. Original Return ~ 2. Supplemental Return ~ 3. Remainder Return (date of death F~rior to 12-13-82) 4. Limited Estate ~ 4a. Future Interest Compromise (date of death after 12-12-82) ~ 5. Federal Estate Tax Return Required a g Decedent Died Testate (Attach Copy of Will) ~ 7• (AttacheCo a~of Trust a Living Trust PY ) 8. Total Number of Safe Deposit Boxes 9. Litigation Proceeds Received ~ 10. Spousal Poverty Creditl(date of death between 12-31- 1 and -1-95) ~ 11. Election to tax under Sec. 9113(A) (Attach Sch. O) CORRESPONDENT -THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAB; INFORMATION SHOULD BE DIRECTED TO: Name Daytime Telephone Number JAMES D BOGAR 71.7 737 8761 :.w} c~ First line of address ONE WEST MAIN STREET Second line of address City or Post Office SHIREMANSTOWN State ZIP Code PA 17011 Correspondent's a-mail address: jbogar@bogarlaw.com Under penalties of perjury, I declar at 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. cla ation of preparer other than the personal representative is based on all information of which preparer has any knowledge. SIGNATURE OFON RES NSIBL FOR FILING RETURN DATE ,. ~' Gary Orndorff (~ ` ~ ADDRES .. .. ...._ _ ~~; _.... A 2381 H~ ord Driv York PA 17402 SIGNAT,Uff E 0 PREPAf}€R ER THAN REPRESENTATIVE DATE ////] James D. Bogar ~~ ~~ ADDRESS One West Main Stre ama Hill, PA 17011 REt31STER OF ~ USE OI~' rn ,fir ~~ ~ CT1 :7~~ ~~ DATE FILED "~~ c: ~ ` _ ~.~, ._ ;~ ~.~ ~~ r-r~ Side 7 1505610143 1505610143 J REV-1500 EX Decedent's Name: FOUght, Jay W. Decedent's Social Security Number 1.99 38 0957 RECAPITULATION 809,000.00 1. Real Estate (Schedule A) ....................................................................................... 1. 2. Stocks and Bonds (Schedule B) ............................................................................. 2. 3. Closely Held Corporation, Partnership orSole-Proprietorship (Schedule C)......... 3. 4. Mortgages & Notes Receivable (Schedule D) ........................................................ 4. 228,273.46 5• Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) ............... 5. 6. Jointly Owned Property (Schedule F) ^ Separate Billing Requested............ 6. 7. Inter-Vivos Transfers & Miscellaneous I~.cn; Probate Property Billi S t R t d 18 6 631.51 ~ ............ epara e ng eques e (Schedule G) ~f 7. 8. Total Gross Assets (total Lines 1-7) ..................................................................... g, 1 , 223 , 904.97 79,420.11 9. Funeral Expenses 8~ Administrative Costs (Schedule H) ....................................... 9. 47,000.00 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) .............................. 10. 11. ( } .................................................................. Total Deductions total Lines 9 & 10 11. 12 6 , 42 0.11 12. .......................................................... Net Value of Estate (Line 8 minus Line 11) 12 1 , 0 9 7 , 4 8 4 . 8 6 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been made (Schedule J) ............................................... 13. 14. Net Value Sub'ect to Tax Line 12 minus Line 13 1 ( ) ............................................... 14. 1 , 0 9 7 , 4 8 4 . 8 6 TAX COMPUTATION -SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a)(1.2) X .00 15. 16. Amount of Line 14 taxable 1 0 9 7 4 8 4. 8 6 16. at lineal rate X .045 , , 17. Amount of Line 14 taxable at sibling rate X .12 0 . 0 0 17. 18. Amount of Line 14 taxable at collateral rate X .15 0 . 0 0 18. 19. Tax Due ............................................. ..................................................................... 19. 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT. 0.00 49,386.82 0.00 0.00 49,386.82 Side 2 1505610243 1505610243 1505610243 REV-1500 EX Page 3 DPr_edent's Complete Address: File Number 21-11-0109 DECEDENT'S NAME Fought, Jay W. _ STREET ADDRESS 978 Park Place _ Mechanicsburg CITY STATE ZI P Mechanicsburg PA 17055 Tax Payments and Credits: 1. Tax Due (Page 2, Line 19) 2. Credits/Payments A. Prior Payments B. Discount 47,016.45 2,469.34 3. Interest 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. Total Credits (A + B) (1) 49,386.82 (2) 49,485.79 (3) (4) 98.97 (5) Make Check Pa able to: REGISTER OF WILLS AGENT. PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE_ APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred :............................................................................... ^ ^x b. retain the right to designate who shall use the property transferred or its income :.::::::::.::::::: ::::.::::.:::.::: ^ ^x c. retain a reversionary interest; or ............ .......................................................... ^ ^x d. receive the promise for life of either payments, benefits or care? ............................................................ ^ ^x 2. If death occurred after December 12, 1982, did decedent transfer property within one year ~of death without receiving adequate consideration? .................................................................................................................... ^ 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or I~er death?....... ^ ^x 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? .................................................................................................................. ^x ^ IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G A,ND FILE IT AS PART OF THE RETURN. For dates of death on or after July 1, 1994 and before Jan. 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3 percent [72 P.S. §9116 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0 percent [72 P.S. §9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the st~itutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: • The tax rate imposed on the net value of transfers from a deceased child 21 years of age or younger at deai:h to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is 0 percent [72 P.S. §9116 (a) (1.2)]. . The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5 percent, except as noted in 72 P.S. §9116 1.2) [72 P.S. §9116 (a) (1)]. . The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12 percent ('72 P.S. §9116 (a) (1.3)]. 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+ {11-08) SCHEDULE A REAL ESTATE COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Fought, Jay W. 21-11-0109 All real property owned solely or as a tenant in common must be reported at fair market value. Fair market value is defined as the price at which property would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both having reasonable knowledge of the relevant facts. Real property which is jointly-owned with right of survivorship must be disclosed on schedule F. Attach a copy of the settlement sheet if the property has been sold Include a copy of the deed showing decedent's interest if owned as tenant in common. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 978 Park Place, Mechanicsburg -Sale of Real Estate -All that certain piece or parcel of real estate having erected thereon a dwelling house being known and numbered as 978 Park Place, Mechanicsburg, Pennsylvania. The property was acquired by Andrew K. Souder and Megan C. Souder, by deed dated April 14, 2011 and recorded April 14, 2011 in tlhe Cumberland County Recorder of Deeds Office, a copy of said deed being attached hereto and incorporated herein. The above-described real estate was sold pursuant t:o an Agreement of Sale for Real Estate dated February 28, 2011, a copy of which is <~ttached hereto and incorporated herein. Final settlement took place on April 14, 2011. A copy of the Settlement Statement is attached hereto and incorporated herein. The sale prit;e of the real estate was $777,000.00. 2 Mountain Ground -Real Estate -All that certain piece or parcel of land situate in Carroll Township, (formerly Monaghan Township) York County, Pennsylvania . The property was acquired by Jay W. Fought by Deed dated October 9, 2003 and recorded November 21, 2003 in the Cumberland County Recorder of Deeds Office, a copy of said Deed being attached hereto and incorporated herein. The above-described real estate is being tran:;iferred to Seth Orndorff, sole beneficiary of the Estate of Jay W. Fought. Date of death value as listed on the attached appraisal. 777,000.00 32,000.00 TOTAL (Also enter on Line 1, Recapitulation) I 809,000.00 (If more space is needed, additional pages of the same size) Copyright (c) 2009 form software only The Lackner Group, Inc. Form PA-1500 Schedule A (Rev. 11-0 3 ~ wsU ~~ 1 ~ `~ ~ 1 ~~~ ^~~RVr~ 5y U 1~:, lV . 15 ~~ ~ ,~~~~;~ Tax Parcel Imo . 22--11-0278-025 THIS INDENTURE, ~~~ ~~'~ 13th day of March, two thousand two (2fl02} JAY WILLARI~ FOUGHT, Executor of the . i,ast Will ~~~'~-~ late of and Testament of RUTH B . F~LJGHT', Monroe Township, Cumberland County, Pennsylvania, party of the first part, anca~ ~ JAY WILLA.R.D FOUGHT, of Mon xoe: Towna~~P' of the • Cumberland County, Pennsyl~ar_~ia., P Y second part : ~, W~iEREA.~ , the said Ruth B . Fought by her Zast ~n~i~ ~aend1s ~erao fnt , duly proved and recorded in the Cumberland Cou ~ g -Wills Office, Pennsy~.-vania, in Docket Book 2~.- Os-0548, betters Testamentary being issued on July 10, 2x01, pro~i.ded, . in pertinent part , : as follows SECOND c I devise and bequeath all th-e ~~ertnature residue and remainder of my estwith anw~ai nsL~rance and wherever situate, together Y policies thereon, unto my husband, J . W2LL.AF~ FOUGHT, provided he survives me b'y- sixty .(6 0) day's THIRD : Should my husband, J . Willard. Fought , predecease me or die on or before the sixty--first (61st) day following my death, I devise and ~oequeath all the rest , residue and remainder. of rny- e~~tate of whatever nature and wherever situate, together with any insurance policies thereon, unto my son, SA~~ ~ILLA.RD FOUGHT . •~ - . , gam; zn addition to all powers gr`a-nt~ed to them by law and by other provisions of this T~ti.l. 1,, 1 give the fiduciaries acting hereunder the following ~~owers, applicable to a31 property, exercisable wit~~out court approval and effective unt i1 actual di s tai. best ion of al l property: ,,:, j~1..~. (A.~ To sell at public or private sale, or to eriod of time, any real or personal lease., for any p property and to give options for sales, exchanges or leases, for such. prices and upon such terms or conditions as are deemed proper... EIS : Z nominate and appoint my hush>and, J my Last Wi.l1 and WILLARD FOUGHT, Executor of this, Testament . In the event of the death' oevexf nof~theor inability to serve for any reason whats oi.nt m son, said J. Willard Fought, I nominate and app Y JAY WILL.ARD FOUGHT, Executor of tha.s, my Last Wild. and Testament... ~ •- art: of the first NOW THIS INDENTURE ~(+J='2'NES5ETH, :that .the said p y art b virtue of the power and authority aforesaipnelpallard p. Y . Wall contained, and, in consideration of the sun o 1.00) . to him paid. by the said party of the second pthe' receipt (~ resents, . before the ensealing and delivery of these. p bargained, sold and whereof is hereby acknowledged, has granted, conve ed, and does hereby grant , bargain, sell and spforeveor :the ~ y ? said party of the second part, his heirs and ass.~.gn ALL THAT CERTAIN tract of farm land together wit3z thehi. improvements thereon erected, situate in Monroe ,Towns p, being more part:i.cularly bounded Cur'nberl and County, Pennsylvania , and described as follows , to wit : . u:b1 is township BEGINNING at a stone at the intersection of a P leadin .from road (T~559} with the public township roadb(`I~he~center of the . the .Mill Road to the Lisburn Road; thence y first mentioned public township road (T-559} and along mandtesf 00 South 82 degrees l David Paden and Minerva Zimmerman,, seconds West, one thousand six hundred thirty-fivee~id ofrJohne^ hundredths (1535.00} feet to a stan.eCet~lonassa~dmlarids of Good, 'now of Minerva Zimmerman; then g Minerva Zimmerman, South 41 degrees 15 minutes 0d seconds West, . one thousand five. hundred sixty-two and five-tenthzlerr 5now5of feet to a stone at lands formerly of David L. FIert , Charles Hall; thence by lands of said Charles~nelthoudsandheight South 49 degrees 15 rninethundOedthsna1810S0O) :feet to an iron hundred ten and zero on spike in the center line of a public road forrn~Vrly known as the "Mi 11 Road" (L . R . 21017) said spike being also the northeasterly thence along the corner of 1 ands now or forrnellRoad" C (L .RMa210 17} the following center line of the said "Mil ao~~ ~~~ ~~~~~~ courses and distances, namely: North 46 degrees 1`05m5)ufeet00o an seconds East, one hundred five and fzvs OOnsecancls East, eight .iron spike; North 70 degrees 00 minute hundred eighty-eight and five-tenths (88 8 .5) feet: tothreehhundred spike; North 83 degrees 40 minutes 00 ooCOfeetE~tc>tanother iron thirteen and zero one-hundredthublic3township ro~~d (T-562} . spike in the center line of a p leading from the "Mill . Road" to the Lisburn Ro a~; thence along ublic t o~vx-LShip road (T- the .center line of the lasinutesl00eaeporids East, two thousand 5 62 }, North: O l degree 3 0 m one hundred .sixty t~iree and zero one-hundredths 4;2, 1&3.00) feet to the point or place of BEGINNING. . CONTAINING one hundred five (l 05 } acres and one ~~,v-ndred twenty- five -(125 } perches, loe the same more or less _ LESS, HOWEVER, a portion of land .approximately' 2~:8entSOfare feet given to th.e Commonwealth of Pennsylvan~.a, Depaxt~m Transportation, by Deed dated June 27, 2986, and recorded in Deed Book "A" , Volume 32, Page 855. HAVING ERECTED THEREON a two and. one--half story Lorick dwelling house, brick and frame bank barn and other .out -b11ildings, collectively being known and numbered ~as 978 Paz}~ Place, Mechanicsburg, Pennsylvania. BE I i~TG tie same prerni s e s which J . W i 11 a rd ; Fougrit sand Nevin B . Fought, Co-Executors under the Last Will and 'L'e si_ament of S . Foster Fought , deceased, late of Monroe Townsl3.ila, Cumberland County, Pennsylvania, by :deed dated September b , 1963 . and recorded September 5 ,, 1963 in the. Cumberland Cou:zty Recorderd and Volume 2~0, Page 1035, grante Deeds office in Deed Book {' Y" , conveyed unto J . Will and Fought .and Ruth B . Fought , l 9 87band and wife . The said J. Willard Fought died January 21, , whereupon .full and complete title to the within +described real estate became vested solely in Ruth. B . Fought, surviving spouse . The said Ruth B . Fought died June 16, 2041. IINDER AND STJBJECT, 1~TE'VERTHEI~ESS, to the following restrictions and conditions as set forth in the Deed of Agr'ic~ulturh~ Executor Conservation Easement by and betofeRuthaB.WFougridt,Fand the of the Last Will and Testament Commonwealth of Pennsylvania and the County of= Cumberland, Pennsylvania , same being dated November 9 , 2 0O1 and recorded November 9, 2001, in the Cumberland County Recorder of Deeds Office in Book 682 , Page 1~ 68, specifically being as follows 1. Permitted Acts - During the term of the agricultural the subject land shall be conservation easement conveyed herein, oses of crops, used solely for the production for commercial purpocessing or livestock and livestock products, including the P tail marketing of such crops, livestock or lives~ohandisedcts re rocessed or m,~ if more than fifty. percent of such p roducts are produced on the subj ect land ~hth~sp'Deedr "crops, P For purpose a "agricultural product ion" } 'vestock and livestock products" include., but are not limited li to: ' eld cro s , including corn, wheat, oats, rye, barley, (a) F~- p hay, potatoes and dry beans; eaches, grapes, cherries and (b} Fruits, including apples, p . berries; (c) Vegetab3es , including tomatoes, snap bE:ans, cabbage, carrots , beets , onions and mushrooms ; (d} horticultural specialties,, including rn~rsery stock ornamental shrubs t ornamental trees and tsowen~ll~ding cattle, (e~ Livestock and livestock produrbearing ~~nimals, milk, sheep, hogs, goats, horses, poultry, . eggs and furs ; ~ roducts derived from (f } Timber, wood, and other wood p trees ; and ( ) Aquatic plants and animals and their b~rproducts . g ce t as ermitted in this Deed, neither Grantor nor his~S Ex p P a ent s ,heirs , executors ,. administrators , succies.~ors and ass g , 9 nor an erson, partnership, corporation or otlie:r entlt~ufferming Y P title under or through Grantor, or their agectslandaother than permit, or perform any activity on the subj agricultural product ion. 2. Construction of: Buildin s and Other Steres~~ucturehon the construction or use of .any building or oth subject land other Irian as existing on the date of the delivery of this Deed is prohibited except that . (a} The erection of fences for agricultural prodreamsn and protectsor~ of watercourses such as 1 akes, Springs and reservoirs is permitted. (b} The construction of one additional residential structure is permitted if ; (i} ,The construction and use of the residential eou~~ ,5~~ ~,~c~~~'°~ structure is limited to providing housing for persons employed in farming the subject land on a seasonal or full-time :basis, (ii) No other residential struct~uz~e has been constructed on the restrifttr~elD~edat any time since the delivery o (iii) The residential structure and its curtilage occupy no more than two acres; of the suhj ect 1 and , and The location of the residential structure and (iv} its driveway will not sign1fs.c.antly harm the economic viability of the sur>ject land for agricultural production. (c) The construction; or use of any builari cis°rerrnitted. structure for agricultural.producti p (d} The replacement of a residential str~et~urantingtofgthe the restricted land on the date of t g easement i s permitted . 3 , ' Subdivision - Th.e subject land may be subdi~ odedhef sub? ect subdividing will not harm the economic viabil y land for agricultural product ion . I f the subj e c1= land i s subdivided, the Deeds to all of the subdivided parcels shall state on which of the subdivided parcels the re s;idential cture ermitted by this Deed may be construc~Ced. Deeds to . stru p all other parcels shall recite that no additional res3dentla structure is permitted. rantin of rights-of -waY b~Y the Grantor, 4. Utilities - The g ~ his heirs, executors, administrators, successors and assigns, or an person, partnership, corporation or other entity ect1land for Y title under or though Grantor in and useoof h Llines for water, the installation, transportat1on, underground mining rnethads, sewage, electric, telephone, coal by ~~ rantin of gas, oil or oil products is permitted. The term g g rights-of-way" includes the right to construct or install such lines. The construction or installation of ut.ilsty lines other than of the type stated in this paragraph is prohibited on the subject land. 5. Mining - The granting of leases, assignments or other BOCK. ~ ~~' f~A.~~~ ~~ of permits, licenses o:r other conveyances or the issuing development , storage or authorization for the exploration, oil and gas by the removal of coal by underground mining methods , coal b owner of the subject land or the owner of thheuodneryofgthe y underground mining methods , oil and gas or t coal by underground mining rights to develop the ordtheydevelopment of appurtenant methods, oil and gas. underground mining facilities related to. the removal oact°vitbes incident to the . methods, oil or gased~vQfopuchtm~nerals is permitted . removal or developm al Ente rises - Customary part-time or off -season minor 6, Rur ~ 1 ente rises and activities which are prcividea ~ rthe t e or rura rP g rove y County Agricultural Easement Purchase Pro ram apF - State Board are .permit.ted . roduction on ~ . Soil and Water Conservation - All agcordanc :awipth. a the subject land shall be conducted in aCGonServc~tion District or .conservation plan approved by the County Board. Such plan shall be updated ev~~ry tenc~e©ns. and the County e of agricultuza~_ produ upon any change in the basic typ ~ bein conducted on the subject land. In acldit iorl to the g the County Conservat~.on District or requirements established by lan shall regta.ire that the County Board the conservation p ' f the land for growing sod, rnzrsery stock { i } The use o . ornamental trees , and shrubs does no-t. remove .excessive soil from the subject land, and - The excavation of soil , sand, gravel , stone or °ther t21~ ricultural prod~a.ction on materials for use in ag land is 'conducted in a location and manner that reserves th.e viability of the subject land for P . agricultural production. g , Res onsibilities of Grantor Not Amf oseear~.v ~legaPtorsother specified herein, this Deed does .not i p y their successors or assigns . responsibility on the Grantees, Grantor shall continue to be solely responsible f°ctplandnandf all all taxes and assessments levied agtorsshall continue to be improvements erected thereon. Gran solel responsible for the maintenance of the sobledtesat~atnd Y all improvements erected. therenoticeroftanyahazardous waste Grantees have no knowledge or stored on or under the subject land. Grantt~~saer~cultural allure to exerc~ se any right conferred by g ~oo~ ~~. ~~c~~~ aev.ra~ ec (s.gel ~ . COMMdNWEALTH QF PENNSYLVANIA DEAARTMENT OF REVENUE dUit.EAfl OF IND{YlDUA1, TAXES oEPr. 2s~o3 17128.Dba3 REALTY TRAM: ~3'ATEMEi~T 0 fee Reverse far I RF';URJtK'~ uac ~r~~, ~ r ~'} A '~ i Scats Tax Pai ~ V-- ~ _ _ ~v ~~ ~- ?~+~ G +~ ~^r~^ ~ ~ Book N u .r /1,, ~'~ ' / ~ u i' ! A pQgs Number ~ ~3 c~~ rts3ru+c{iolns Date Rsocud«~ ~ -~ ~~ ~ ~~~~ ' HARRfSSURG, PA - - Compfeta each section crud fife in duplicate with Recorder of Deeds when (1~ the foil vQluelcansideration is not set forth in the deed, (2) when the deed is without consideration, or by gift, or (3) a tax axemptiion is claimed. A Statemdnt of Value is not required if the transfer is wholly exempt from tax bcsad on: 1 famil relationshi or 2 ubiic utifi acssament. If mores Qea is nendad, attach addit'rartaf .haet(s}. A CC}R~ESP(~NDE~iT - AlI in uiries ma be directed to the fotplawNuq~pecson: Name ire Area Code 1717 1 737-8761 James D. Boger, Esau State Z,i.Q Code Street Address City pA 1 / 0 ~'1' One hest Main St. Shiremanstown B TRANSFER DATA GrantarjsjlLessor(sj Jay Willard Fought , Executor of the Estate of Ruth B Fought Sheet Addresz C/o Ja»s D. ~ogar, .>;sc~u..t...c~ One West Main St. ~~, State Shiremanstown PA c P.aa~~RTr LacAT~oN 5traet Address 978 Park Place county _ Cumberland _Jay y~7illard Fo 5irset Aid re~ss 978 Park Place Qacum+rnt Ma.rCh 13 x 2 0 0 2 ht T... 17011 ~ I Mechanicsburg aru~o --r - pA 170 5 5 VALI.~AT~~L~ DATA -$1.00 aunty Asses: .~(~~ .110 City, Township, tioraugn N~nroe Township >thool Oistriet • lax Parcel Number Cumberlar>id Valley 22=11°0278025 .f- . 0 _ 0 0 5. Common level Ratio Factor x 1..0 -- E EXFMPT~~~I QATA a. Arnastnt o Exemption Clairtsed 1 fs. Percentage 100 10a~ 3. Total Canside . ~ $1.00 . ~ = $21x0,110.00 2. Chet:l< Appropriate Sox ~~iaw far i;xemption Clairttod 21_~1_ab48 Ruth B . Fought Vd,'Il Or IntBStOt9 5UGt:eSSiOn (Name of O+tedent) (Estate .File Numberj ^ Transfer tc industrial Development Agenry.. ^ Transfer.to a trUSt. (Attach complete copy of trust agreement identifying alI benefidariss.~ ^ Transfer between principal and agent. (Attach complete copy of agencylstraw party agreement.) ^ Transfers to the Commonwect{th, the United States and lnstrurnentuiities by gift, dedication, condemnation or in lieu of condemnation. (lf condemnation or in Lieu of condemnation, attach copy of resolution.) Page Number . ^ Transfer from mortgagor to a holder of a mortgage in default. Mortgage Book Number _______-.- ^ Corrective or confirmatory deed. (Attach complete copy of the pricxr deed being corrected flr confirmed.) ^ Statutory corporate consolidotion, merger or division. (Attach copy of articles} ^ Other (Please explair, exemption claimed, i£ nfher than listed above.) der penclties of law, I declare tlZat f have examined this Statement, including accompanying information, and to the bast of my knawi$dge b:3ie#, it is truer c •ct and carrtpleta. Data Sigs~aturs of Coerv~s nd+ or Rss~o 61+ Party _ - r. ~ ~~ 0 3 /13 /G 2 f;A1LlJRETQ CON4P! R'E THtS Fa TQ RECORD 7HE DEED. PERLY OR ATTACH APf i1CA.SLE DOCUMENTATION MAY Rf:SUL' IN TH E fi`ECOI~DER'S RErUS~ l~ ROBERT P. ~IEGLER RECORDER Off` DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 1713 717-240-6370 Instrument Number - 201111104 Recorded On 4/14/2Q11 At 10:07:04 AM * Instrument Type -DEED Invoice IYuxnber - 85335 User ID - KW * Grantor -FOUGHT, JAY WILLARD * Grantee -SOURER, ANDREW I~ * Customer - SNELBAKER * FEES STATE TRANSFER TAX $7,770.00 STATE WRIT TAX $0.50 STATE JCSjACCESS TO $23.50 JUSTICE RECORDING FEES - $21.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CUMBERLAND VALLEY $3,885.00 SCHOOL DISTRICT MONROE TowrTSFiI P $ 3, 8 B 5.0 0 TOTAL PAID $15,612.00 * Totat Pages - 1 Q Certification Page DO NOT DETACH This gage is now part of this legal document. I Certify this to be recorded in Cumberland County PA ~ o~ a ~v~ ,O o;~ ~y G- i~~~/ ~ ~ ~ ° RECORDER O D EDS ~r~ao * -Information denoted by an asterisk may change during the verification process and may not be reflected on this page. OQfl79W i AGREEMENT OF SALE FOR REAL ES'JC'ATE THIS AGREEMENT is entered into this 28th da.y of February, 2011, by and between GARY ORNDORFF, Executor, of the Estate of JAY W. FOUGHT, late of Monroe Township, Cumber:and County, Pennsylvania, hereinafter called "SELLER", AND G. LEE SOUDER, or assigns, of ~,~a /1/~~-~~~ ~.~,~„~~ pa,.,~- ~ , New Kingstown, Silver Spring Township, Cumberland County, Pennsylvania, hereinafter called "PURCHASER". IT IS MUTUALLY AGREED AS FOLLOWS: 1. PREMISES. The Seller agrees to sell, grant and convey to the Purchaser, and the Purchaser agrees to purchase and accept ~ the conveyance of the following described real e;state situate in Monroe Township, Cumberland County, Pennsylvania, described as follows: Being all that certain piece or parcel of rE~al estate, being a farm containing approximately 105 acres and having erected thereon a barn, various out.bl~ildings and a dwelling house being known and numbered a:~ 978 Park Place,. Mechanicsburg, Monroe Township, CumbE~rland County, Pennsylvania, a copy of said Deed bE~ing attached hereto, marked Exhibit "A" and incorporated herein. Tax Parcel No.: 22-11-0278-025 2. PURCHASE PRICE. The Purchaser agrees to pay the sum of $777, 000.00 to the Seller, as the full purchase ~~rice and consideration for the premises, payable as follov~rs : initial down- payment of $27, 000.00, in cash, on the signing of: this Agreement, receipt of which is hereby acknowledged by Seller'; additional down-payment of $250,000.00, in cash, being due and payable by Purchaser to Seller on or before March 23, 201:1; and, $500,000.00, in cash unless otherwise herein provided at settlement of this transaction as scheduled and provided hereinbelow. All down-payments will be held b~~ Gary Orndorff, Executor of the Estate of Jay W. Fought. Purchaser is not entitled to receive by way of direct payment, credit, or otherwise, interest on said down-payments. Zt is understood and agreed by Purchaser and Seller that the initial ~3own-payment of $27,000.00 and the additional down-payment of $2.50,000.00 are non-refundable. 3. SETTLEMENT. Final settlement of this transaction shall be made at the Law Office of James D. Bogar, One West Main Street Shiremanstown, Pennsylvania and shall be made on or before May 10, 2011, at which time of settlement the Seller shall tender to the Purchaser a properly drawn and executed deed of trust warranty, conveying to the Purchaser a good and marketable title in fee simple, clear of all liens and encurnbrancE=_s, except easements or building and use restrictions visib:Le on the ground or of prior record, title to be such as will be =insured by a reputable title insurance company in the central Pennsylvania geographical area without exception or reservation at regular rates. Should Seller be unable to deliver sucr title, Purchaser shall have the option of either cancelling this ~~greement of Sale for Real Estate and receiving back any monies paid as a deposit 2 f or accepting such title as Seller can give without offset, adjustment, or abatement of the purchase price. Time is of the essence of this Agreement of Sale for Real Estate. 4. TRANSFER TAXES AND APPORTIONMENT OF REAL ESTATE TAXES, RENTS AND EXPENSES. All realty transfer taxes shall be paid equally by the Seller and Purchaser, with Purchaser paying one ;percent (1%) and Seller paying one percent (10) . Current real estate taxes, utility charges, and any municipal service fees or rents will be prorated at and to the date of settlement. Seller will be responsible for payment of all expenses normalJ_y associated with the sale of real estate, said expenses including, but not necessarily being limited to, preparation of this Agreement of l Sale for Real Estate, preparation of the deed an~~.other documents, including any documents required to c:Lear any and all mortgages and judgments and to complete settleme~zt. Purchaser will be responsible for payment of all expenses ~~ormally associated with the purchase of real estate, sai~~. expenses including, but not necessarily being limited to, title search, title examination, title insurance and any and a:Ll costs associated with completing closing and fire and :Liability insurance. 5. POSSESSION. Seller shall deliver posse~~sion of the said premises to Purchaser at the time of final settlE~ment. 3 6. CONDITION OF PROPERTY AND RISK OF LOSS. The Seller agrees that the property shall remain in substantially its present condition until date of settlement, anc~:if it is not, the Purchaser may rescind this contract. Seller sha:11 bear the risk of loss from fire or other casualty until time o:f settlement. 7. DEFAULT. Should Purchaser default in pf~rforming this Agreement, for any reason or for no reason what.sc~ever, any and all sum or sums paid on account of the purchase ~~rice, as set forth hereinabove, by way of down-payment or ot.hE=_rwise, shall be retained by Seller, as liquidated damages, wherela.pon this Agreement shall become null and void. Should Seller default in performing this Agreement, Purchaser shall have the right of having this Agreement declared null and void and, further, having any sum or sums paid on account of the purchase price, as set forth here:~nabove, by way of down-payment or otherwise, returned in full to Purchaser, or Purchaser, at Purchaser' s option, can avail himsE~lf to any other remedies at law or in equity, including specific performance. 8. CONTINGENCIES. This Agreement of Sale j.or Real Estate is not subject to or contingent upon the occurrence or nonoccurrence of any event whatsoever including, but not necessarily being limited to, the following: (A) Obtaining a mortgage or financing in arly amount; (B) The property being inspected, tested oz~ certified as free from termites or wood-boring insects, along with any damage 4 (cosmetic or structural) caused by termites or wood-boring insects; (C) Testing for radon gas and obtaining a certificate that the presence of radon gases are within acceptable and allowable levels as mandated by the Pennsylvania Department of Environmental Protection and related agencies; (D) Inspecting and testing to ensure that:1~he water is potable and to ensure that the gallon per minute flow of water from the well (s ) and/or spring (s ) is sufficient. ~~nd, finally, that the well pump and appurtenances are in good working order; (E} Having the on-lot septic tank and systE~m pumped and/or tested; (F) Having a building inspection and/or certification completed by a licensed or otherwise qualified p~~ofessional; and, (G) Seller has no reports or records or knowledge of lead- based paint and/or lead-based hazards in the pro~~erty. Seller warrants that the barn, outbuilding and dwelling house were constructed prior to 1978. Purchaser waives the opportunity to conduct a lead-based paint and/or lead-based paint hazards risk assessment or inspection for the presence of leach-based paint and/or lead-based paint hazards. 9. SURVEY. If the Purchaser should deter:rni.ne the need for a current survey of the premises, the cost and e~~pense thereof shall be borne exclusively by the Purchaser. 5 10. STATUS OF SETn1ER AND WATER. The property is served by an on-lot septic system and well and/or spring water. Seller warrants that it has no notice or information ghat public sewer and public water will be .installed or assessed. Purchaser acknowledges that he has been afforded ample opportunity to investigate and confer with the appropriate f ederal, state, county and municipal officials with respect to all matters involving public sewer and public water as pertains to the premises. 11 . MUNICIPAL IMPROVEMENTS . Seller has no :notice of municipal improvements including, but not being limited to, sidewalk and curbing. 12. ZONING OR DEED RESTRICTION. Seller warrants that the } present use of the property violates no existing zoning ordinance or regulation or deed restrictions. The within .remises is subject to the provisions of the Pennsylvania Clean and Green Act. Furthermore, Seller has no notice of any proposed zoning change or change in use or restrictions. Finally, Purchaser acknowledges that the premises in question is su:oject to certain restrictions and conditions as-set forth in the Deed of Agricultural Conservation Easement by and betwee~z Jay Willard Fought, Executor of the Last Will and Testament: of Ruth B. Fought, and the Commonwealth of Pennsylvania and the County of Cumberland, Pennsylvania, same being dated Novern]~er 9, 2001 and 6 recorded November 9, 2001, in the Cumberland County Recorder of Deeds office in Book 683, Page 1468. 13. INSPECTION/WARRANTY. It is understood that ~urcriaser has inspected the above-referred to property and is not .relying upon any representations made by Seller or by Seller's agent(s). Seller agrees to sell and Purchaser agrees to ~>u:rchase the above- described property "as is", there being no warra~zties, either expressed or implied, as to the condition of the property. Furthermore, Purchaser expressly represents that Purchaser has had ample opportunity to inspect the above-referred to property and to investigate and have answered by third parties any questions Purchaser has regarding the property alzd the present condition of same and that Purchaser has not, i.n entering into this .Agreement of Sale for Real Estate, accepted or relied upon any statements or representations made to Purcha:~er by Seller. Purchaser acknowledges that Seller is not obligated to complete a Seller's Property Disclosure Statement. This provision shall survive settlement. 14. PERSONALTY. The following specifically enumerated items of personalty or personal property are included. in the within sale: all permanently installed items. The following specifically enumerated items of personalty or personal property are not included in the within sale: washer; dryer; refrigerator; stove, milk tank. 7 15. BROKERS AND AGENTS. Seller and Purcha~>er both represent that they have dealt with no real estate broker; or agents in connection with this sale and that no brokers oz' real estate agent's commission is due any person on account of this sale. Each party shall iridemnify and hold harmless thE~ other party from the claim or demand of any broker or agent for any commission which any such broker or agent may claim to be due him or her as a result of this sale. For the performance of this Agreement and intending to be legally bound hereby, the parties bind themselves, their heirs, personal representatives, successors and assigns, as witness their hands and seals the day and year first above written. WITNESS: SELLER: (SEAL) GARY FF, ecutor, of The Estate of ay W. Fought PURCHASER: -~ - ( SEAL ) G. LEE SOUDER 8 . -, ~3 ~ ~~ , ~~ 1 ~ `~ ~ 1 - :..l~J r~ ^. lv JJ ~; ~ ~ ` r `, v .~ F T1~" G ~ \ l t~ ~ ~ tA` ~',~',~~'' ~ Tax Parcel No . 22--11-0278-025 ,~~~ ~~ ~5 ~~ ~N~ ~ NT~tT~~ 'PHIS 13th day of March, two tho~.a.sand two (2 ~ 02 } MADE TH.~ JAY WILL.A~-B FOUGHT, Executor of the. i,ast Will ~3.EZ~W.~.E1V . and Testament of RUTH B . FtJUGHT, tlate of Monroe Township, Cumberland Coun. y, penn.sylvania, party of the first part, d ~ SAY WILLARD FOUGHT, of Monroe 'T'ownship, an art of the Cumberland County, Pennsyl~rania, p Y second pant : ~, WHEREAS, the said Ruth B . Fought by her Last ~i11 Redis~eraofnt, duly proved and recorded in the Cu~trBook 21~01~054 8 , Letters Wills Office, Pennsylv'an1a, in Doc ~ rovi.ded, in Testamentary being issued on July 10, 2001, p pertinent part, as follows: SECOND c I devise and bequeath all tl~.e rest , residue and remainder of my estateri anwhansuranceture and wherever situate, together wit. y J . WILL.ARD F'OtTGHT, policies thereon, unto mY, hsixtnd (60) day's . provided he survives me by Y THIRD : Should my husband, J . Willard Fought , predec e me or die on or before the si~.ty-first (61st) day fallowing my death, I devise and bequeath all the rest, residue and remainder. of o~etriertwith any whatever nature and whereveruntournyeson,gS.Ay '~1ILLA.RD insurance polices thereon.., FOUGHT . ~~ - .. ,. owers granted to them F~FTH: Zn addition to all p ive the by law and by other provisions of this wi.11, I g fiduciaries acting hereunder the fallowing powers, applicable to a31 property, exercisable without court a roval and effective until actual distribution of all PP property: ~~ L~~i. EXHIBIT "A" (A) To sell at public or private sale, or to real or personal lease., for any period of time, anY exchan es or and to give options for sales, g property leases, for such. prices and upon such terms or conditions as are deemed proper... Dint m husband, J EIS; I nominate and app Y my Last Will and WILLARD FOUGHT, Executor of this, Testament . In the event of the death, oevegnof ~theor inability to serve for any rman.atewandsappoint my son, said J. Millard Fought, I no m Last Will and JAY ji,TILLARD FOUGHT, Executor of this', y . Testament... •~ art of the first NOW THIS INDEN'T'URE ~?STNESSETH, Ghat .the said p Y art b virtue of the power and authority aforesaionelpolladr p. Y . Will contained, and. in consideratao~ oQ ft~hessecond part, at and (1.00} to him paid by the said p ~' resents, the receipt .before the ensealing and delive half ranted bargained, sold and whereof is hereby acknowledged, g conve ed, and does hereby grant, bargain, sell and soforeve~.the 1 y said party of the second part, his heirs and assx.gn. L THAT CERTAIN tract of farm land together with the 1 AL improvements thereon erected, situate in Monroe Towns P~ being more particularly bounded Cumberland County, Pennsylvania, and described as follows, to wit: ub1. is township BEGINNING at a stone at the intersection of a P leadin .from road (T-559} with the public township road ~Tthe2center of the the .Mill Road to the Lisburn Road;atdh(Tc559} and along lands of first mentioned public township r'o South 82 degrees 15 minutes 00 David Paden and Minerva Zimmerman,. _ seconds West , one thousand six hundred thirty- f i,Vmerld of rJohne hundredths. X1635.00} feet to a stoneCetalon~ssaid lands of Good, 'now of Minerva Zimmerman; then g Minerva Zimmerman, South 41 degrees 15 minutes 00 seconds West, _ 562 .5.} one thousand five hundred sixty-two and five-tenths (l , feet to a stone at lands formerly of David L. Hel~Zand~ othersf Charles Hall; thence by lands of said Charles Ha South 49 degrees 15 minutes 00 seconds East, oneethtosandiroght hundred ten and zero one-hundredths (1810.00) f spike in the center line of a public road formerly known as the "Mill Road" (L.R. 21017} , said- spike being also,tthen~etalongethe corner o f 1 ands now or f orrnerly of C . E . Markley, center line of the said "Mill Road" {L.R. 21010 the following e~o~ ~~~ ~~~r~~ courses and distances, namely: North 46 depress a05n'~~ufeetOto an seconds East, one hundred five and fivs-OOnseconds East, eight iron spike; North '70 degrees 00 minute feet to another iron hundred eighty-eight and five-tenths (83 8 .5 ) three hundred spike; North 83 degrees 40 minutes 03 oQCOfeetEtotanother iron thirteen and zero one-hundredthublic township road (T-562} .spike in the center line of a p leading from the "Mill Road" to the Lisburn Road; thence along the center line of the last mentioned public township road (T- two thousand 5 62) , North. O 1 degree 3 0 minutes oneShundaedthst ~ 2 , 16 3 . 0 0) feet one hundred ,sixty three and zero to the point or place of BEGINNING. CONTAINING one hundred five {105) acres and one hundred twenty- f ive { l2 5 } perches , be the same more or less . LESS, HQWEVER, a portion of land ,approximately 2 r 850 .square feet given to the Commonwealth of Pennsylvania$6Deandtrecorded in Deed Transportation, by Deed dated June 27, 29 , Book "A", Volume 32, Page 855. HAVING ERECTED THEREON a two and. one--half story bi l di n.ds el l ing }souse, brick and frame bank barn and other out bu g t collectively being known and numbered ~as 978 Park Place, Mechanicsburg, Pennsylvania. . BE2NG the same premises which J . Willard ;Foag~~stamentvof S~ . Fought, Co-Executors under teeofaMonroelTownship, Cumberland Foster Fought, deceased, la County, Pennsylvania, by :deed dated September 6 , 1963 . and recorded September 6 , 1963 i:n the. Cumberland County Recorderd and Deeds Office in Deed Book "Y" , Volume 2~0, Page 1035, grante conveyed unto J. Willard Fought .and Ruth B. ,Fought, husband and wife. The said J. Willard Fought died January 2Z, 1987, whereupon .full and complete title to the within described real estate became vested solely in Ruth B. Fought, surviving spouse. The said Ruth B . Fought died June 16, 2001. IINDER AND SUBJECT, NEVERTHELESS, to the following restrictions and conditions as set forth in the Deed of Agriculturn~ Executor Conservation Easement by and between Jay Willard Foug , of the Last Will and Testament: of Ruth B. Fought , and the Commonwealth of Pennsylvania and the County of Cumberland, Pennsylvania , same being dated November 9 , 2 001 and recorded November 9, 2001, in the Cumberland County Recorder of Deeds Office in Book 682 , Page 1468, specifically being as follows ~ao~~ ~~ ~~~L~~ 1, Permitted Acts - During the term of the agricultural the subj ect land shall be conservation easement conveyed herein, oses of crops, used solely for the production for commercial pure livestock and livestock products , including the PTOOCks lroduct s retail marketing of such crops, livestock or livest p if more than fifty percent of such processed ar merchandised roducts are produced on the subject land (hereinafter "cro s, P For u ose of ths.s Deed, P "agricultural production" } . P rP livestock and livestock products" include,, but are not limited to. a Field crops, including corn, wheat, oats, rye, barley, ( ) hay, potatoes and dry beans; ra es, cherries and (b} Fruits, including apples, peaches, g p berries; (c} ~Tegetables , including tomatoes, snap beans, cabbage, carrots , beets , onions and mushrooms ; (d) Horticultural specialties, includwngsnursery stock ornamental shrubs , ornamental trees and f to e , _ (e) Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, furbearing animals, milk, eggs and furs; (f} Timber, wood, and other wood products derived from trees; and (g) Aquatic p 1 ant s and animal. s and their byproducts . Exce t as permitted in this Deed, neither Grantor nor hisns P agents,heirs, executors,, administrators, successors and ass g , nor any person, partnership, corporation or ot~a.er en~ltsufferming title under or through Grantor, or their agents, sha permit, or perform any activity on the subject land other than agricultural production. 2. Construction of Buildin s and Other Structures - The construct~.on or ia.se of any building or other structure on fiver subject land other than as existing on the date of the del y of this Deed is prohibited except that (a) The erection of fences for agricultural production and protectson of watercourses such as lakes, streams, springs and reservoirs i s permitted . (b} The construction of one additional residential structure is permitted if; (i} ~ The construction and use of the residential BOiJ~ +~~+~ f~~~r.,~~ structure is limited to providing housing for persons employed in farming the subject land on a seasonal or full-time basis, (ii) No other residential structure has been constructed on the restricted land at any time since the delivery of the Deed, (iii ) The residential structure and of 5thersubj ect occupy no more than two acre land , and '~ The location of the residential structure and (1 ) its driveway will not s~.gn.ificantly harm the economic viability of the subject land for agricultural production. (c} The construction; or use of any building. or other - structure for agricultural production ~s permitted (d.} The replacement of a residential stt~eturantinStofgthe the restricted land on the date of g g ~. easement is permitted. 3 . - Subdivision - 'the subject land may be subdivided if subdividing will not harm the economic viability of the subject land for agz~cultural production. If the subject land is subdivided, th.e Deeds to all of the subdivided parcels shall state on which of the subdivided parcels the ~.e c~dednt1Deeds to structure permitted by this Deedhatynoeadd,itional residential all other parcels shall recite structure is permitted. rantin of rights-of-way by the Grantor, 4. Utilities - The g g his heirs, executors, administrators, successors and assigns, or any person, partnership, corporation or other entity claiming title under or though Grantor in and through the subject land for the installation, transportation, or use of, lines for water, sewage, electric, telephone, coal by underground mining methods, gas, oil or oil products is permitted. The term "granting of rights-of-way" includes the right to construct or install such lines. The construction or installation of ut ilsty lines othez' than of the type stated in this paragraph is prohibited on the subject land. 5, Mining - The granting of leases, assignments or other BBC., ,~~ of permits, licenses or other conveyances or the issuing storage or development , authorization for the exploration, as b the removal of coal by underground mining methode ~ underlnang coal by owner of the subject land or the owneasoortthe owneryof the underground mining methods, oil and g under round mining rights to develop the underlyingeiaamebt of appurtenant methods, oil and gas, or the de P underground mining facilities related to the removal oact°. vitbes incident to the methods, oil ar gased~vofopuchtrninerals is permitted . removal or developm . art -time or cf f -season minor 6, Rural Enterprises - Customary p 1 ente rises and activities which are provided forthe the or rura rP g roved b County Agricultural Easement Purchase Pro ram app Y State Board are permitted. 7, Soil and Water Conservation - All agriculturawiPh~auction on the subject land shall be conducted.ountacConse rvat1on District or .conservation plan approved by the Y Count Board.. Such plan shall be updated. every teuctions and the Y ricultural prod upon any change in tree basic type of ag ~~ being conducted on tb.e subject land. In addition to the re uirernents established by the County Conservetio~eD~na~ict or q lan shall r qu the County Board the conservation p (i} The use of the Sand for grosiaOeSOdo.tnremove ..excessive ornamental trees, and shrub soil from the subject land, and ii The excavation of soil, sand, gravel, stone or other } materials for use in agricultural production on land is ~ conducted in a location and manner that preserves the viability of the subject land for agricultural production. 8 , Res onsibilities of Grantor Not Affected - :Except as s ecified herein, this Deed does not impose any legal or other p their successors or assigns. responsibility on the Grantees, Grantor shall continue to be solely responsible f°ctplandnandfall all taxes and assessments levied agto sshall continue to be improvements erected thereon. Gran solely responsible for the maintenance of thck.nohwledtesathatnd all improvements erected thoTenoticeroftanyahazardous waste Grantees have no knowledge stored on or under tree subject land. Grantee's exercise or failure to exercise any right conferred by the agricultural ~~o~ ~~ ~~~~~~ conservation easement shall not be deemed torbeu~aOSeSmoft or control of activities on the subjeig 11988f(P.~ p56, No. 108), enforcement of the Act of October , known as the Hazardous Sites Cleanup Act. Grantor, his heirs, executors, administaadefendSGranteess or assigns agree to hold harmless,minad~ a1ainst all liabilities and their successors oz' asssgns fro connected with all claims, expenses arising from or in aensesy including reasonable damages, losses, costs or exp torne 's fees, resulting from a violation or alleged violation at Y of any State or Federal environmental statute or regulation but not limited. to, statutes or regulations concerning including, the storage or disposal of hazardous or toxic chemicals or materials. their successors, .assigns g. Enforcement - Annually, Granttos~nter the subject land for or designees shall have the r~.ght rovisions of the purpose of inspecting to determine noticerofhsuch annual this Deed are being observed. Written his heirs, executors, inspection shall be mailed to the Grantor, administrators, successors or assigns at least ~e~od,ductedior to such inspection. The annual in.spectmononhalWeekday that is not a between the hours . of 8. a . m . and 5 p . le al holiday recognized by-the Cornrnonwealth of Pennsylvania or 3 at a date and time agreeable to the countslaneeshshall alsorhave Grantees, their. successors, assigns or de g he ri ht to inspect, the subject land at any time, w~~heut prior t g notice, if Grantees have reasonable ca~eebe°nbe'violated. provisions of this Deed have been or a g cknowled es that any violation of the terms of this Grantor a 3 Deed shall entitle Grantees, their successsuch violationrfrom a designees~to obtain an inj~ionoalonglwith an order requiring court of competent ~~urisdict Grantor, his heirs, executors, administrators, successors or assi ns to restore the subject land to the condit~a~aie~wancurred g prior to the violation, and recofeeSanYsu°htrelief may be sought including reasonable attorney's jointly, severally! or serially. ricultural conservation 10. Duration of Easement - The ag easement created by this Deed shall be a coven~verru~ovisionhof the land and shall b e perpetual in duration. Y P this Deed applicable to Grantor shall apply to Gaaents,sandlany executors, administrators, successors, asssgns, g artnership, corporation or other entity claiming title person, p under or through Grantor. - ve ance or Transfer of the Sub' ect Land - Grans~rand1an-y 11 . -C~n heirs, executors, administrators, srcotherrentitysclairning title person, partnership, corporation, ° Grantees in writing of any under or through Grantor, shall notify ect land. Such conveyance or transfer of ownership °f addres] and telephone notification shall set forth the nameo~ artier to whom ownership -number of the Grantor and the partyed o trans~erred_ This of the subject land has, been convey tion shall apply to any change in ownersri.ip of the subject obl~ga land. fictions set forth in this Deed small be includedt~-n The restr an Deed purporting to convey or transfer an ownership .inter Y in the subject land.. rov1sion of this Deed applicable to 12. Applicability' --Every p Grantor shall apply to Grantor's heirs, executors,- agents , anal any person, administrators, succeionror othernentity clairni.ng title under or ~ partnership, corporat through Grantor. - ~- ~ tation - This Deed shall be interpreted under the 13 . Int erpre Laws of the Commonwealth of PennsylvanShallFbe coo nidered to be interpretation, no party to this Deed rovisions of this Deed are the drafter of the Deed. All p ded and shall be interpreted, to effectuate thaniatast of inten , the General Assembly of the, Commonwealth of Pennsy v expressed in Section 2 of the Act. to the Subdivision Guidelines and the County of SUBJECT, ALSO. roved b Cumberland Agricultural Land Preservata.on Pr°dr~n' Februapry -22 . Y the State .Agricultural Land Prein acco~dan~e with the guidelines 1996, and as hereafter. revised _ and/or regulations on the said State Bdaherein1by reference, as Subdivision Guidelines are incorporate subsequently revised as aforesaid, anal made a part hereof . liberties, privileges, TOGE`T'HER with all and sing anaestwhatsoever thereunto belonging or heredltaments and appurten in anywise appertaining; and the reversions and remainders, rents issues and profits thereof, and all the eStever ofgthe ro ert claim and demand whatso title, interest, p ~ Yr said Ruth B . Fought at and immediately before the time of her r ~~~~~~~ acc,. ~~ decease, in law or equity or otherwise howsoever, of, in, to or out of the same ranted premises to the said party TO HAVE AND. TO HOLD the said g of the second part, his heirs and assigns forever. art , does covenant , promise, AND the said party Qf the first P art of the second part, grant and agree, to and with the said p Y - art of b these presents, that the said p y his heirs and assiggns, Y the first part, has not done, committed, matte °ornghingrwhat- willingly suffered to be done, any act, rna art thereof, is, soever, whereby the premises aforesaid, or any p hall or may be charged or encumbered, in title, charge or ase, s estate, or otherwise howsoever. ~~~Q~, the said party of the first part has ~N ~~'~~'~'~ ~'~ and, yeas above written . hereunto set his hand and seal the day Signed, Sealed and Delivered e Present of 1 i' C.-: - ~ _ ~ ~r (S E.AL a Wi lard Fought,- xe utor E~ ate of Ruth B . Faug COMMONWEALTH OF PENNSYLV~1NlA SS. COUNTY OF CUMBERLAND J ' the under- On this , the 13th day of March, 2 00 2 , before UGHT known to signed officer; personally appeared JAY W=LEAK-I~ FO , me (or satisfactorily proven} to be the person descu~~adthe same foregoing instrument , and acknowleddgeod thetpurposes therein in the capacity therein stated an contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~-~,~~~! (SEAL ~ i4~ ~' . r1 ,~ ~ ~':; ~~,, ;','. i N a ry Pub l i t _•~rl ,~~.{~~~•~~~ ~'1~~,'~; i My Commission Expires . ~~~ :~ ~ r:?- • ~~ 0 u, ~ ~ ~ hJatanal seal . ', ~~ • .~ • Joan E. Brothers, Notary Public • •• - ~ ~ ; Shirsrrsarzstawn Boro, Cirmhertand County r~ ~ ~'. ~r'Q ~ ~~: `~ ~tAy Cotnmissior't Expires Feb. 12, 20Q6 ~. r~ ~~ {:; ~ D l ~ ~~, -. • . • • • ~ • ~ . i~iefr~ber, Pec~rtayNanlB Association Qt ldotstlag ~ ~C ~~. '~`~ ~ y ~~ ~n .~~' 4~ •11JJ ~1'J•t*` CERTIFICATE OF RESIDENCE do hereb certify that the precise residence and complete I y rantee is 97g Park post office address of the within named g Place, Mechanicsburg, P.A 17055. Match 13, 2002. - Ja es D. og r, Esquire .Attorney e t for Grantee {N . T . S . ) COMMONTn7EALT~-i O F PENN S YLVAN I.A S S. CQT]NTY OF CUM~3ERLAND ~ - .. day cif ` RECORDED on thi s 2002, in the Recorder's Office of the said County, in Deed Book Page ~ Given under my~ hand and the seal of the said office, the-date above written. , Recorder. ,.. 1S ~a ~C T~COt~~t~ 'I ~~~~~~ ~ -~ P~ ~u~berland ~~ ~ , In O~ X44 e. ~' ; ~ 7 = J C er~~ eCOTd~~ a~ ~~ed.S ~~ ~~ ~~~1 ~~~~~~~~~ __ R~YO,eU~K"5 U~t vrv~r - --~- - - ' aev-Ifi3 ~c Is.vei ~ s Strn+ Tax Poi ~ _ ,~~L' C-}- i .,- ~EALI I ~ICJ~N~• G~ Tt'l/~. Book Nur~ ~ ~`~ COMMONWEALTH +DF PENNSYLYANI,4 $'~ATEhAENT O~ VALUE Pa . Nurrtber DEPARTMENT OF REVENUE _ 9 ~ ~~ ~~ RUitEAfl QF INS{y10UAL TAXES Dot. R~ccsrd~d ~ .~ ~~ ~ ~~~, OEpT. 2gOb?73 •' kARRfSBURG, PA 17128.obo3 ~@@ Reverie >For ins3rut:t~o~s _ _ ____ (~J when the deed Complete earn section and ale in duplicate with Recorder of Deeds when (T) the full value/consideration is not sei forth in the deed, is without consideration, or by gift, oi" {3) a tax exemption is claimed. A Statement of Value is not rrrquired if the transfer is wholly exempt from tax bcsed on: 1 famil reiationshi or 2 ubiic utifi easement. If mares ace is needed, attach additional .f~eet(s}. A CORRESPONDEi~'IT - Ali in viries ma be directed to tf~e fo~lo~wi~g person: . Tsiephane N umber: - Name 717 737-8761 James D . Boger , Esquire Area cc~~e i 1 c;ry state z; code Street Address Shiremanstown PA 11011 One West Main St. B TRANSFER DATA I t,~. ~ ~c=.~~i r_i n _ Grantors}/Lessor(s) Jay Willard Fought , Executor Of the Estate of Ruth B. Fou ht street Ad resz c/o James D. Boger, Esquire One West Main St. - _ _ , cty - state L''In~ r1m~r1C~"'r'1C.71"1 PA March 13, 2002 Willard 9 7 8 Park Place 17011 I Mechanicsburg hate up 4oae pA 17455 ~.l1 ayi ..+.4.,+, v ........ ~ . C PROPERTY LO~AT~ON 978 Park Place VMY.117 v h Cumberland fl YALi.1AT~0__N DAT~-. . Actual Cash Consideration .$1.00 ' 'aunty Assessocf Ya{ue 06,110 E EXF~VIPT~ON DATA a. Amount o Exacnption Claimed 100$ - C;ty, 7awrtship, t3orougn Munroe Township . _ ichool District 'Tax Parcel Number Cumberland Valley 22=:L1~-0278-025 5. Common Level Ratio Factor 6. Fair Market Value X ~.a _ ~za6,11o.aa Percentage of Interest 140 ~ 2. Citacic Appropriate Box B~r~ow for Exemption Clairn~-d Ruth B. Fought 21-O1-0648 . ~^ Will or intestate succession (Name of Ostedent) (Ea.tare.Fiie Numbed ^ Transfer to Industrial Development Agertry. . ^ Transfer to a trust. {Atta~cli complete copy of trust agreement identifying olI benefidaries.i ^ Transfer between principal and agent. (Attach complete copy of agencylstraw party agreement.) ^ Transfers to the Commonwealth, the United states and Instrumeataiities by gift, dedication, condemnation ar in lieu of cendemnatian. (lf candamnatian or in lieu of condemnation, attach copy of resoiutiori.) Page Number _ . ^ Transfer from mortgagor to a holder of a mortgage in default. Tvlartgage Book Number - ^ Corrective ar confirmatory deed. (Attach complete copy of the prior deed being corrected or cc:nfirmed.) ^ Statutory corporate consolidation, merger or division. {Attach copy of articles. ^ Other (Please explain exemption claimed, i£ other than listed above.) "~ der penclti.s of Icw, I declare thct {have examined this Statement] including nccampanying information, and to the b$st of my lCnawl$dg~ b*3ief, #it is truer c •et and template. -' Date Sig»aturr of Camas ndt or Res o 6i: Party l ~CCr: r ~~~ r,4~~u~~~ 03/13/02 ~ - P;~)i.llR;;7Q C~NlPtRE THIS FORM P1::~lY OIR ATTACH APPi1CAStE DC?~UMI:NTATI4N MAY RESULT IN THE RECORDER'S REPUS~~'~ TQ RECORD 7HE Di:rD. ROBERT P. ~IEGLER RECORDER OF DEEDS CUMBERLAND COUNT~'S~ 1 COURTHOUSE SC~UARE CARLISLE, PA 17413 717-240-6370 Instrument Number - 201111104 Recorded On 4!1.4/2011 At 1 0:07:04 AM * Instrument Type -DEED Invoice Number - 85335 User ID - KW * Grantor -FOUGHT, JAX WILLARD * Grantee -SOURER, ANDREW K * Customer - SNELBAKER * FEES STATE TRANSFER TAX $7,770.00 STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $21.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES P'EE $3.00 CUMBERLAND VALLEY $3,885.00 SCHOOL DISTRICT MONROE TOWNSHIP $3,8e5.00 TOTAL PAID $15,612.00 * Total Pages - 1II Certification Page DO N()T DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA ~{ °~ ~ 'vex, ~~ ~o RECORDER O D EDS L ~7~ * -Information denoted by an asterisk may change during the verification process and may not be reflected on this page. iuiuiiiuiiiiui~;iiiii t ~ goy ~I~I~IICI~I~ Tax Parcel Info,. 22--11-0278-025 11~AI)E 7'~IE THIS INDENTURE, t`~~` day of f~-2.r~ two thousand eleven (2011} B~TW.E~.N GARY ORND4RFF, Executor of t:hE~ Last Will and Testament of JAY W. FOUGHT, a,~k/a JAY WILLARD I~'OUGHT, late of Monroe Town~;h:ip, Cumberland County, Pennsylvania, party o:~ the first part, and ANDREW K. SOLIDER, of Cumberland County, Pennsylvania and MEGAN C. SC>UDER, of Cumberland County, Pennsylvania, as tenants in common, parties of the s~:cond part: WHEREAS, the said JAY W. FOUGHT by his Last Wsll and Testament, duly proved and recorded in the Cumberland County Register of Wills Office, Pennsylvania, in Docket Book 21-11-0109, Letters Testamentary being issued on January 25, 2011, provided, in pertinent part, as follows: THIRD : In addition to all powers granted to them by law and by other provisions of this Will., I give the fiduciaries acting hereunder the following powers, applicable to all property, exercisable without court approval and effective until actual distribui~ion of all property: (A) To sell at public or private sale, or to lease, for any period of time, any real or personal ~~roperty and to give options for sales, exchanges or leasE~s, for such prices and upon such terms (including cre:d:~t, with or without security) or conditions as are dE~eined proper . This includes the power to give legally sufficient instruments for transfer of the property arzd to receive the proceeds of any disposition of it... SEVENTH: I nominate and appoint GA.R~_' ORNDORFF, Executor of this, my Last Will and Testament... NOW THIS INDENTURE WITNESSETH, that the said p,ar~ty of the first part , by virtue of the power and authority of ore:~aid, in said Wil l contained, and in consideration of the sum of= Seven Hundred Seventy-Seven Thousand and 00/100 ($777, 000.00) D~o~_lars to him paid by the said parties of the second part, at and be:Eore the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold and c:o~zveyed, and does hereby grant, bargain, sell and convey to the ss~ic~ parties of the second part, their heirs and assigns forever: ALL THAT CERTAIN tract of f arm 1 and together wi tri 1~he improvement s thereon erected, situate in Monroe Township, Cumberland County, Pennsylvania, being more particularly bounded a1Zd described as follows, to wit: BEGINNING at a stone at the intersection of a pub-1:~c township road (T-559) with the public township road (T=562) leading from `the Mill Road to the Lisburn Road; thence by the cent:e:r of the first mentioned public township road (T-559) and alorig lands of David Paden and Minerva Zimmerman, South 82 degrees 15 mi~zutes 00 seconds West, one thousand six hundred thirty-five and zero one-hundredths (1635.00) feet to a stone at lands formerly of John Good, now of Minerva Zimmerman; thence along said lands of M:in.erva Zimmerman, South 41 degrees 15 minutes 00 seconds West, c>nE~ thousand five hundred sixty-two and five-tenths (1,562.5) feE~t to a stone at lands formerly of David L. Hertzler, now of CharlE:s Hall; thence by lands of said Charles Hall and others, South 49 degrees 15 minutes 00 seconds East, one thousand eight hundred tE~n and zero one- hundredths (1810.0 0 ) f eet to an iron spike in the center 1 ine of a public road formerly known as the "Mill Road" (I~.:R. 21017) , said spike being also the northeasterly corner of lands now or formerly of C.E. Markley; thence along the center line of the said "Mill Road" (L.R. 21017) the following courses and ds_s~tances, namely: -2- North 46 degrees 06 minutes 00 seconds East, onE~ hundred five and five-tenths (105.5) feet to an iron spike; North 70 degrees 00 minutes 00 seconds East, eight hundred eighty-eight= and five-tenths (888.5) feet to another iron spike; North 83 degrE:es 40 minutes 00 seconds East, three hundred thirteen and zerc> one-hundredths (313.00) feet to another iron spike in the center line of a public township road (T-562) leading from the "Mill Ro~~d" to the Lisburn Road; thence along the center line of the last mentioned public township road (T-562), North O1 degree 30 minutes 00 seconds East, two thousand one hundred sixty three and zero one-hundredths (2 , 163.0 0 ) f eet to the point or place of BEGINN~_N~~ . CONTAINING -one hundred five (10 5 ) acres and one h~.~ndred twenty-five (125) perches, be the same more or less. LESS, HOWEVER, a portion of land approximately 2,,860 square feet given to the Commonwealth of Pennsylvania, Department of .Transportation, by Deed dated June 27, 1986, anc~:recorded in Deed Book "A", Volume 32, Page 855. HAVING ERECTED THEREON a two and one-half story brick dwelling house, brick and frame bank barn and othE:r out-buildings, collectively being known and numbered as 9'78 Park Place, Mechanicsburg, Pennsylvania. BEING the same premises which Jay Willard Fought:, Executor of the Last Will and Testament of Ruth B. Fought, by deE~d dated March 13, 2002 and recorded March 15, 2002 in the Cumberland County Recorder of Deeds Office in Deed Book 250, Page 3864, grG~ni.ed and conveyed unto Jay Wi 11 and Fought . The said Jay Wi 11 and Fought died January 3, 2011. UNDER AND SUBJECT, NEVERTHELESS, to the following :restrictions and conditions as set forth in the Deed of Agricultu~:al Conservation Easement by and between Jay Willard Fought, ExecL~tor of the Last Will and Testament of Ruth B. Fought, and thE: Commonwealth of Pennsylvania and the County of Cumberland, Pennsylvania, same being dated November 9, 2001 and recorded November 9, 2001, in the Cumberland County Recorder of Deeds Office in Mi ~~c . Book 6 82 , Page 1468, being as follows: 1. Permitted Acts - During the term of tYle agricultural conservation easement conveyed herein, the subject land shall be used solely for the production for commercial p-uz~poses of crops, livestock and livestock products, including t hE: processing or -3- retail marketing of such crops, livestock or livestock products if more than fifty percent of such processed or merr_handised products are produced on the subject land (hereinafi~er "agricultural production") For purpose of this Deed, "cropps, livestock and livestock products" include, but are not limitec~~to: (a) Field crops, including corn, wheat, cats, rye, barley, hay, potatoes and dry beans; (b) Fruits, including apples, peaches, gr~~p~=s, cherries and berries; (c) Vegetables, including tomatoes, sna~~ beans, cabbage, carrots, beets, onions and mushrooms; (d) Horticultural specialties, including nursery stock ornamental shrubs, ornamental trees and flowers; (e) Livestock and livestock products, .including cattle, sheep, hogs, goats, horses, poultry, furbearing animals, milk, eggs and f urs ; (f ) Timber, wood, and other wood product s derived from trees ; and (g) Aquatic plants and animals and their ~~y~~roducts . Except as permitted in this Deed, neithez~ Grantor nor his agents, heirs, executors, administrators, succes~sc~rs and assigns, nor any person, partnership, corporation or othE~r entity claiming title under or through Grantor, or their agents, shall suffer, permit, or perform any activity on the subject: land other than agricultural production. 2. Construction of Buildings and Other ~~tructures - The construction or use of any building or other structure on the subject land other than as existing on the date of the delivery of this Deed is prohibited except that: (a) The erection of fences for agricultural. production and protection of watercourses such as :Lakes, streams, springs and reservoirs is permitted. (b) The construction of one additional resi.dE~ntial structure is permitted if; (i) The construction and use of= the residential structure is limited to providing housing for persons employed in farming the subject land on a seasonal or full-time ba~~is, (ii) No other residential strl.~cture has been -4- constructed on the restrictE~d land at any time since the delivery of the Df~ed, (iii) The residential structure aizd its curtilage occupy no more than two acz~e:~ of the subject 1 and, and (iv) The location of the residential structure and its driveway will not signi.f:~cantly harm the economic viability of the subject land for agricultural production. (c) The construction or use of any b7.zilding or other structure for agricultural production is permitted. (d) The replacement of a residential structure existing on the restricted land on the date of th.e granting of the easement is permitted. 3. Subdivision - The subject land may bye subdivided if subdividing will not harm the economic viability of the subject land for agricultural production. If the subject land is subdivided, the Deeds to all of the subdivided parcels shall state on which of the subdivided parcels the resi~~.ential structure permitted by this Deed may be constructed. DE~eds to all other parcels shall recite that no additional residential structure is permitted. 4. Utilities - The granting of rights-of-way by the Grantor, his heirs, executors, administrators, successors and assigns, or any person, partnership, corporation or other entii~y claiming title under or though Grantor in and through the subject land for the installation, transportation, or use of, lines for water, sewage, electric, telephone, coal by underground mining mE~thods, gas, oil or oil products is permitted. The term "granting o:f rights-of -way" includes the right to construct or install ~>u~~h lines. The construction or installation of utility lines other than of the type stated in this paragraph is prohibited on thE~ subject land. 5. Mining - The granting of leases, assi~gr.~ments or other conveyances or the issuing of permits, licE~nses or other authorization for the exploration, development, ~~t~~rage or removal of coal by underground mining methods , oil and g~~s by the owner of the subject land or the owner of the underlying coal by underground mining methods, oil and gas or the owner of the rights to develop the underlying coal by underground mining method~~, oil and gas, or the development of appurtenant facilities related to the removal of -5- coal by underground mining methods, oil or gas development or activities incident to the removal or development of such minerals is permitted. 6. Rural Enterprises - Customary part-time or off:-season minor or rural enterprises and activities which are provided for in the County Agricultural Easement Purchase Program ap~>rc~ved by the State Board are permitted. 7. Soil and Water Conservation - All agricultural production on the subject land shall be conducted in accordance with a conservation plan approved by the County Conser~ration District or the County Board. Such plan shall be updated every ten years and upon any change in the basic type of agricultura:L production being conducted on the subject land. In addition to 1=he requirements established by the County Conservation District or the County Board the conservation plan .shall require that:. (i ) The use of the land for growing sc>d, nursery stock ornamental trees, and shrubs does not :remove excessive soil from the subject land, and (ii) The excavation of soil, sand, gravel, stone or other materials for use in agricultural production on the land is conducted in a location and manner i~hat preserves the viability of the subject land fc>r agricultural production. 8. Responsibilities of Grantor Not Affected - Except as specified herein, this Deed does not impose any legal or other responsibility on the Grantees, their successors or assigns. Grantor shall continue to be solely responsible for payment of all taxes and assessments levied against the subject land and.~~ll improvements erected thereon. Grantor shall continue to be ~~o:lely responsible for the maintenance of the subject land and a.ll improvements erected thereon. Grantor acknowledges that Gz~antees have no knowledge or notice of any hazardous waste storE~d on or under the subject land. Grantee' s exercise or failure to Exercise any right conferred by the agricultural conservation easemE~nt shall not be deemed to be management or control of activitiE~s on the subject land for purposes of enforcement of the Act of C>ctober 18, 1988 (P.L. 756, No. 108), known as the Hazardous S1tE:S Cleanup Act. Grantor, his heirs, executors, administratc>r:~, successors or assigns agree to hold harmless, indemnify and defend Grantees, their successors or assigns f rom and against all liabilities and expenses arising from or in any way connected with all claims, -6- damages, losses, costs or expenses, including reasonable attorney's fees, resulting from a violation or alleged violation of any State or Federal environmental statute or regulation :including, but not limited to, statutes or regulations concerning the storage or disposal of hazardous or toxic chemicals or rnatE=_rials. 9. Enforcement - Annually, Grantees, their succe~>sors, assigns or designees shall have the right to enter the suk~j fact land for the purpose of inspecting to determine whether the ~~rovisions of this Deed are being observed. Written notice of such annual inspection shall be mailed to the Grantor, his heirs, executors, administrators, successors or assigns at least tE~n days prior to such inspection. The annual inspection shall be conducted between the hours of 8 a . m . and 5 p . m . on a weekday that: i s not a 1 egal holiday recognized by the Commonwealth of Pennsyl.v~~.nia or at a date 'and time agreeable to the county and the lando~n~ner. Grantees, their successors, assigns or designees shall al sc> ~Zave the right to inspect the subject land at any time, without ~>rior notice, if Grantees have reasonable cause to believe the ~~rc~visions of this Deed have been or are being violated. Grantor acknowledges that any violation of the terms of this Deed shall entitle Grantees, their successors, assigns or designees to obtain an injunction against such violations from a court of competent jurisdiction along with an order requ_~ring Grantor, his heirs, executors, administrators, successors or assigns to restore the subject land to the condition it was in prior to the violation, and recover any costs or damages incurred including reasonable attorney's fees. Such relief may be sought joini~ly, severally, or serially. 10. Duration of Easement - The agricultural con~~ervation easement created by this Deed shall be a covenant running with the land and shall be perpetual in duration. Every provs~;ic~n of this Deed applicable to Grantor shall apply to Grantor's hE~irs, executors, administrators, successors, assigns, agents, a.nd any person, partnership, corporation or other entity clairninc~ title under or through Grantor. 11 . Conveyance or Transfer of the Subject Lazzd - Grantor, hi s heirs, executors, administrators, successors or ~~ssigns, and any person, partnership, corporation, or other entit~r claiming title under or through Grantor, shall notify Grantees i:n writing of any conveyance or transfer of ownership of the subject land. Such notification shall set forth the name, address and telephone number of the Grantor and the party or parties to whom ownership of the subject land has been conveyed or transferred. This obligation -~- shall apply to any change in ownership of the subject land. The restrictions set forth in this Deed shell be included in any Deed purporting to convey or transfer an ownership interest in the subject land. 12. Applicability - Every provision of this E~eE~d applicable to Grantor shall apply to Grantor's heirs, executor:, administrators, successors, assigns, agents, and any person, partnership, corporation or other entity claiming title under or through Grantor. 13. Interpretation - This Deed shall be interpreted under the laws of the Commonwealth of Pennsylvania . Fio:r purposes of interpretation, no party to this Deed shall be con~~idered to be the drafter of the Deed . All provisions of this Deed a.re intended, and shill be interpreted, to effectuate the inter~t of the General Assembly of the Commonwealth of Pennsylvania ~~s expressed in Section 2 of the Act. SUBJECT, ALSO, to the Cumberland Agricultural the State Agricultural 1996, and as hereafter and/or regulations or Subdivision Guidelines subsequently revised as Subdivision Guidelines ~~nd the County of Land Preservation Program, as approved by Land Preservation Boarc~ on February 22, revised in accordance wi_t]z the guidelines the said State Board, which County are incorporated herein ~~y reference, as aforesaid, and made a part hereof . TOGETHER with all and singular the rights, libe~=ties, privileges, hereditaments and appurtenances whatsoever therE~u:nto belonging or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, property, claim and demand whatsoever of: the said Jay W. Fought at and immediately before the time of his dE:cease, in law or equity or otherwise howsoever, of , in, to or out= of the same TO HAVE AND TO HOLD the said granted premises tc~ the said parties of the second party, their heirs -and assigns foz_e~ver . AND the said party of the first part , does covenant. , promise , grant and agree, to and with the said parties of the ~~econd part, their heirs and assigns, by these presents, that the s~~id party of the first part, has not done, .committed, or knowi:nc~ly or willingly suffered to be done, any act, matter or thing whatsoever, whereby the premises aforesaid, or any part thereof , is , a.re, shall or may be charged or encumbered, in title, charge or esi~ate, or otherwise howsoever. -8- IN WITNESS WHEREOF, the said party of the f first. part has hereunto set his hand and seal the day and year above written. Signed, Sealed and Delivered in the Presence of ~~ ~, ( SEAL ) Ga Executor of the Estate of Jay W. Fought, a/k/a Jay Willard Fought COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this, the % day of t'~ 2 011, before me, the undersigned officer, personally appeared GARY ORNDORFF, Executor of the Estate of JAY W. FOUGHT, a/k/a JAY WILLARD FOUGHT, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official NOTARIAL SEAL CAROL A. BOGAR, NOTARY PUBLIC ~ G~-^--" _ ( SEAL ) SHIREMANSTOWN BORO, CUMBERLAND COUNTY `- MY COMMISSION EXPIRES NOVEMBER 13, 2011 Notary Public seal. CERTIFICATE OF RESIDENCE I do hereby certify that the precise residence and complete post office address of the within named grantee is April 2011 Attorney/Agent far Grantee -9- PtµENrpF ~W*llhlil*`a a. Settlement Statement (HUD-1) il~ll~ll ~~ 9~qN DEV6~0 OMB Approval No. 2502-0265 1. © FHA 2. © RHS 3. ~ Conv. Unins. 6. File Number. 7. Loan Number. 8. Mortgage Insurance Case Number. 4 ~ VA 5. © Conv.lns. C. Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)' were paid outside the closing; they are shown here for informational purposes and are not included in the totals. D. Name & Address of Borrower. E. Name & Address of Seller. F. Name & Address of Lender. Andrew K. Souder and Megan C. Souder Estate of Jay Willard Fought 432 Pine Road c/o Gary J. Omdorff, Executor Mount Holly Springs, PA 17065 2381 Hartford Road York, PA 17402 G. Property Location: H. SetdementAgent i. Settlement Date: Tax Parcel #22-11-0278-025 Richard C. Snelbaker April 14, 2010 Monroe Township, Cumberland County, PA Place of Settlement 44 W. Maln Street, Mechanicsburg, PA 17055 -. , 100. Gross-Amount Due frdm Borrower. - L-. 1oL Contract satesprice - $777,000.00 102:" Personal property ' 103. Settlement charges to bonower (line 1400) $7,842.00 ".104:- _ 105. Adjustment for Items pald;by seller Jn-adv~nce 108.Cityltown taxes 411411:1' ~ ~ ~to ;1213111,`1 r ~~ $611.13 -107. County taxes to 108. Assessments fo 109: School tax 4/14/11 to 6/30111' - $544.89 '110: :..111. - 112. - - ..._ X120: Gross Amount Due from Borrower $785,998.02 =200. Amount Paid byor in'Behalf.of:Borr'ower: .201. Deposit or earnest money _ $277,000.00 202. Principal amount of hew loan(s) ' 203. Existing loan(s) taken subject to' ' - 204. .. ' 205 - ':. _206. - .207. -- 208. 209.. _ - `Adjustments for Hems unpaid by seller 210.~Ci Mown taxes to ' 211. Coun taxes p .` 212. Assessments .::213.... _ .:::214.. - ,.215. . 216'.. _ 5217: 218. 219. 220.-Total Paid bylfor Borrower $277000.00 300. Cash at Settlemenffrom/to Borrower 301. Gross amount tlue from borrower (line 120) $785,998.02 302. Less amounts paid byffor borrower (Ilne220) - .' ( $277,000.00 ) 303. Cash ~ From ~ To Borrower $508,998.02 The Public Reporting Burden for this collection of information is estimated at 35 minutes per response for collecting, reviewing, and reporting the data. This agency may not collect this information, and you are not required to complete this fbrm, unless it displays a currently valid OMB control number. No confidentiality is assured; this disclosure is mandatory. This is designed to provide the parties to a RESPA covered transaction with information during the settlement process. Previous edition are obsolete Page 1 of 3 HUD-1 L. Settlement Charges ~ ~'~. 700 TotatRe~~Es ~ ~ ,.. ty s w c r a~ ,~ ~ Division of commission (line 700) as follovrs : 701. $ to 702. $ to ~ z ~~ q ~~' ~ ~~ ~ ~~':,t ..~ ald~ ~ro"~` ' , B~: R _ ~ 9, e x~ ,. n <r `~ ~~;~ PaJd From . ~Iler's ~ mF;,n~s~~-l~~ e mep ~ ~t~+ ~'.;~~ , ~P~ ~ y .c. •~? _ 703. Commission paid at settlement ~ " 704. .. _.. 800~ItemsPaya"I. nsCohne ~lon~, ,L a~i ,.rfi, .z~aza ~ kl z z~"'' -..~. ~, ~ ~_) ~ ~ W_ ~ _ ._~- _ _ 801. Our origination charge $ (from GFE #1); 802. Your credit or charge (points) for the specific interest rate chosen $ (from GFE #2) 803. Your adjusted originatioh charges (from GFE #A)- 804. Appraisal fee to" " " - (from GFE #3)" 805: CredR report to (from GFE #3)= 806.7ax service to (from GFEM#3) 807. Flood certlficatiohto {from GFE#3) 808. , 809.: -. -.810. _ , -811. _ -- - f, '~900. Items`'Requlred by Lerrde'fl:obeP n ~' v ---- 901 Daily interest charges from to @ $ day ,.... ~,4 '`~ h~'tYr s _ (from GFE #10) -- ' _ - - 902. Mortgage insurance premium for months to . (from GFE #3) 903. Homeowner's insurance for years to` (from GFE #11) ,_ 904.' .. ~= 1000~R' ~ es,:D pas t ~ e ~'a~ a 1001.Initial deposit for your. escrow account from GFE #9) ~ ~ -_ 9~`e' G' - - 1002. Homeowner's insurance mohths @ $' ~ per month $ 1D03._Mortgage insurance months @ $ per month $ ' 1004. Property Taxes months @ $ per month $ 1005:' : ` ., months @ $ per month $ - _ -1006.. months @ $ - ' per month - $ _ -. ~ 1D07: Aggregate Adjustment -$ 11001Title`~tf`a'r~as"~~~~y;~ ~ ~ 'A` »' t rt,/ ~•. wTC d. Y~'(~'4^.iftl l i/~:1 1101. Title services and lender's title insurance ;'L ,~~~na J F ~.''a - ~ rfvII M.f[YCj4 .1.,-4,6:i. (from GFE #4):' 1102. Settlement orclosing fee $ 1103,OwnerstiUe insurance. (from GFE.#5) 1104_ Lender's Utte insurance $ 1105. Lender's Utle policy limit $ - ~ •- 1106: Owneds title policy limit $ -. .1107: Agi3nt's'portion of the total title insurance premlumto $ -1108: lJnderwnter's portion of the total title insurance pramium to $ 1109. 11'10. Seller's attorney fees to James D.Bogar, Esquire 1111. Borrower's attorney fees to 5nelbaker & Brerineman; P. C: P ~ Q , C , -T-~ -r---~, ~,...i. ~1200~'Govemmerit Recording'an [ ~.~;, -k. w a ~,,n ». 1201. government recording charges ''M' . . 't ~ ~1 3 ? ~ i :~ ---- ~ - (from GFE #7) 1202. Deed $:72.00 Mortgage $ Release $ 1203:'7ransfertaxes (from GFE.#8) 1204,City/Countyaax/stamps .Deed $ 7;770.00' Mortgage $ 1205; State tax/stamps - Deed $'7;770.00 Mortgage $ $7,770.00 1206. ; ._ _ _ -. "< ~ }~` ax~ ~ t` ~ ~~i. ` - 1300;AddJtlonal SettlemehtCjtarges; 3 a~ ~~(tw re c~t~~ ~ ,a'_c. _,~,.n..Y. - -- 13D1. Required services that you can shop for (from GFE #6)' 1302. =_ ~ _. 1303.: : '. - $ .. . ;.1304. ~ :. .1305. ._ .. 1400. Total Settlement Charges (enter on lines 103, Section J and 502, Section K) ^ •. : ~ t t ', r ~ t ~I Previous edition are obsolete Page 2 of 3 rluu-1 +w~'ie" ~~~~t'rt?= ~ t.u ~.~5~' C`1.r" ~S+T'y. ~.~n3 7-l: io'~ ASSI_wPN~~3~~^ ~ ~ r'~~.. l ~ ?~ ~~' ~ ~1 L1 t ~ ft-~1`~'~ ~i a r ~;L j' ~' :3~ a ,-3.i ~ F :=~Gomt7anso~of,G odrFatth ~stlma~,e~;(GFE,~a~deF~U~ 1=Ghahrges~~~~` r~~ s Goad Faith Est mate ~• T ~ rHUD 1 ~~ :s'v^F::1~MC?~:??a!~i:~i.gl:,; a'.`.ai.~o; s.„„.~~tc•: ~rrExiu.. ri a;a}Ix ~r __si,•~iE?*m ! ~F: ^:i.~ ~:~ ky:~t.. a - 1:a4` --- ~Ctiarges ThetCannot Increase ~ HUD 1 L'Ine'Number C)(!r ongiiiation charge ~ •: # B01 - `Your credit;pr charge{points) for the specific 1nte~est rate chosen : `;~# 802 w.: - - Your adtusted ongination charges - # 803 :; - "Transfertaxes - _ = ~•~#203''' _ ~~- .;~:~:r,as~-r ;4 ~'o z - s.. ~ .3,~'ff- a ~+. t4.. b1 a -~ ~~~Gootl.,atth,EstirnateY~~-r~~..~-t~~t~p-~~ ~~:~,~t;~.. - uJ. Y.E4.-L-..L~1.' ~~ :~. LN~~l :C....~:l ~Si.t.l~Y1-..~:=. $ or °/ 'Good Faith Es4lmate THUD-1 - ' nan Terms Previota edition ere obsolete Page 3 of 3 HUD-1 Note: If you have any questions about the Settlement Charges and Loan Terms listed on this form, please contact your lender. WARNING: It is a crime to knowingly make false statements to the Uiuted States on this or any other similar form. Penalties upon conviction can include a fuse and imprisonment. For details see: Title 18 U.S. Code Section I U01 and Section 1010. I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belie:, it is a true and accurate statement of all receipts and disbursements made on my account or by me ui this transaction. I-further certify that I have received a copy of the HUD-1 Settlement Statement. Bon-ower: Dale: y ~~~ Seller: Xrt.. Dater ~ /y ~ Borrower: Date: Seller: Bozaower: Date: Borrower: Date: Date: The HUD-1 Settlement Statement which X have prepared is a tide and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this~statement. Settlement Agent: _ Date: ~.~,Q / y, Zor J Date: Seller: Date: Seller: GCC-HLTD-1 new-~ (12/09) Page 4 of 4 i, .. rn~~ ~f~.r4 ~' 4.V ` ~ L A yQR~ C~U~r ~ ~, } g 5 ~ ~ ~ err ~~~ ~ y w ~~~~~ Tax Parcel No . ~~ " ~,~~ -~J""~~`-. ~3 ram„ ~' TFIIS DEED, hlAl?E T~'E day of ~~~.~- in the year two thousand three Q3} BET~EEl~ JAY W . FOtJGH~' and ANDREA L . Ft~UGKfi, husband and wife, of Mechanicsburg, Pennsylvania, Grantors, anrl' JAY W. FGtIGHT~ of Mechanicsburg, Pennsylvania, Grantee: ~ ~ WITNESSETI~, that in consideration of Gne and No/104 Dollars t$1.00}, in hand paid, the receipt whereof is hereby acknowl- edged, the said Grantors do hereby grant and convey to the said Grantee, his heirs and assigns: ALL THAT CERTAIN piece or parcel of land situate in Carroll Township (formerly Monaghan Township}, Yark County, Pennsylvania, bounded and described as follows, to wit: ~ BEGINNING at stones, corner of tract now or formerly of Moses Markley, thence by the same North 35 degrees West fifty-five and fifty hundredths (55.50) perches to stones, corner of tract now or formerly of Moses Markley; thence by lands now or formerly of ~'ohn Evans South 54-1/2 degrees iciest eighteen and si~cty hun- dredths (18.60) perches to stones, corner of land now ar formerly ! of Jacob Pentz; thence by the same South 3S degrees East thirty- f five- t35} perches t4 stones, corner of same; thence North 35 ~ degrees East eighteen and sixty hundredths (1$.60) perches to the place of BEGINi~TING . C~4NTAINING six t E } acres and sixty ~ 60) perches of land . BEING the same premises which Jonas W. Brindle, widower, Ruth E. Brindle Fought and J. i-~Tillard Fought, her hus~aand, acid N. Vivian ~Yt r t1 r'1 t"t is r? ~ r. r :.~ .r .r . 1 ~ ~ i' i •. ... i Brindle, Executrix of the Last Will and Testament of Paul E. Brindle, late of Monroe Township, Cumberland County, Pennsylvania by deed dated August 2~, 1975 and rect~rded February 4, 1976 in the York County Recorder of Deeds. Office in Deed Book "69 X", Page 941, granted and conveyed unto Jay W. Fought and Arxdrea L. Fought, his wife, the Grantors herein. THIS IS A TRANSFER FROM HUSBAND AND WIFE TO HUS~3,AND AND IS, THEREFORE, EXEMPT FROM THE. PAYMENT OF REALTY TRANSFER, TA.X. AND the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. IN WI~88 tJF, said Grantor has hereunto set their hands and seals the day and year first above written. 3i~ned, Sealed +AS~d Ifel~,verec~ in the Presence of ~} COMMONWEALfiH OF PENNSYLVANIA . SS. COUNTY OF CUMBERLAND ; AND~tEA L . SEAL} tSEAL} On this, the ~~~ day of (~~~-~-©~e,~-- 2(JtJ3, 3aefore me, the undersigned officer, personally appeared JAY W. FOUGHT, known to me (or satisfactflrily proven} to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. seal. ~N wzTNESS wxER~aF, I hereunto set my hand and official SEAL} Notary Public i+iy Commission Expires ~~~ ~ ~af0~1rY F+~iiD ~~~~ ~r ~':' - •~ . , ,; 1.r . .a , f.a~,~~•, ~ ~ • ,,; •...,..~ ,.~k. . ~... ..~^.r COIKM~ALTH OF PENNSYLVANIA SS. COUNTY OF ~u.~~~D~--'~~ i Ors. this, the ~ r2.o day of N~~-~' 2 003, before me, the unders~.gned officer, personally appeared .ANDREA L . FOLYGHT, known to me (or satisfactorily proven) to be the person whose name is su3ascribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. ~. , ZI1T T~i`ITNESS WHEREOF, I hereunto set my hand and official ,: ~ ~.. . . ;~-a~.. `~:;. ~'~-~ . t SEAL ~ ~t '' '~ "~,'~4"~F!•~ N~]iIII~W ~ ~y y,~ ~.Yotary ~G W.~i. Z.C ~P' : 'r. ' _ V i ~ ~. ~1~f. NL~ry t"11LJ11G '...~; ~ ~d-ebr- Cvmbe+~end Co~tty N!y Commission Expires - ;~-~ ~ -; ~ issian,"~X~~ Apr.12, 2004 ~-/~~' w ~, '."r 1 M6dTtbHC p~h~lraanc;•- ".-r+'~NiltfC:1 Ot NOt8fi86 r ~y ~ ~ ' - Hsi (~~:. ~t I do hereby certify that the precise residence and complete post office address of the within named grantee is 978 Park Place, Mechanicsburg, Pennsylvania 1?055. t,, ~g , 2 0 0 3 J es D . $o r Esquire Attorney for antee {NTSy COMMO~IWEAL,TH OF PENNSYLVANIA SS COUN'T'Y OF 'irORK RECORDED on this day of , 200,, in the Recorder's office of the said County, in Deed Book Page - Given under my hand and the seal of the said office, the date above written. Recorder. ~}~~ rr ~;P3 f1~r. .r~ v' .r ~ . .. ~5~8 5~8~ ~E~a~o~~ ~ uEE~~ Y4~Rl~ ~piJNTY PEhlNSYLVA~IIA i ~ Il~STRlfflENT iiUlleQt ~ Ck[)~ i i ~~~~ ~ECr~~ ~H too ~r ~ i , ~~~~ 11= ~Sf • ~iD AM ' JCSlA~fS~ TD ~f G.~Duil J1~TI~E AFf'DRfiABt.E HGllSIN6 3f 1.5~ STATE i~tiT Tel( ~0.5~ ~ ~;~ a FEES ~2.u~ ~£~EIRDIii6 FEfS ~13.~D ~NTlI ARt~fIVES f EE ~ .0~ a0d AR~IIIVES FEE t3.~ 1 !)iAl X42, pig ~ iNtit: 44441 l~£it: JUG 1 •T~,` CU5Tt3~R f CQlJ1~TY 1 (~ i ~2'~1~ ~IB ~t3C11~8IIt ~'0 ~ ~~ Rect~rd ~d In Y~r~ Cc~u nay, pg, r~~,,,~[ ...~ " '1 ~ ~~"' v; W~ G ~~`~~^~~' 1 •~Gip • • r•• QP @T Of '~'GOl]ty"~' D Z a J H C' O W W W D m LOCATION MAP ~~ ~~ ~~ ~ h u _ town f-%'~ ~~ ; `~ ~~ ~ ~ . ~i j ,~- ~ ,:~ 9 ___~==-= ~' 1.7_4 =--~~..~ %' ~C~ ~~ ,... ~ .i ~ _ ..~..~.~. ~ : r-. o~~ .,... w ..... ~J~ . eidighs I ~ ~~, ~~ ~ ~:~ ._,4. ~'Y ~ fJ \\\~1+~ ` Y /~ `~ -'f J~ ~ b ~ a :~ ~i 1 ;. White Ro` -~ 1 ~1 ~f Acr ~'~ ~~ 40.11327°N 77.06989°W ~ ~l / (I' '~, r. r^, \ ~A M-+ ~`l~ C~v.;° 'dnao; b f ~' -~ _. .~~~ ~~ y Stone Head North (- 74 a I jl !,y i ~t ~.., ~ a ~_ _...--- 1 ~~ ~.,~ `~,; ~` "ti ~ /' ~' 1.94; 1 f ~ ~ ~~ / /~~. -' ~ ~l~ ~ },r '., ~ ~`. - Ike ri n g -~ 0 mi 0.5 1 1.5 2 Copyright ©and (P) 1988-2009 Microsoft Corporation and/or its suppliers. All rights reserved. http://www.microsoft.com/streets/ Certain mapping and direction data ©2009 NAVTEO. All rights reserved. The Data for areas of Canada includes information taken with permission from Canadian authorities, including: Her Majesty the Queen in Right of Canada, ©Queen's Printer for Ontario. NAVTEO and NAVTEQ ON BOARD are trademarks of NAVTEO. ©2009 Tele Atlas North America, Inc. All rights reserved. Tele Atlas and Tele Atlas North America are trademarks of Tele Atlas, Inc. ©2009 by Applied Geographic Systems. All rights reserved. Real Estate Appraisal Summary Report of Jay Wi Ilard Fought Estate Land Pine Street Dillsburg, Pa. 17019 York County, Pennsylvania 6.41 Acres Intended User: Mr. Gary Orndorff (Client) 2381 Hartford Road York, PA 17402 Prepared By: Agrarian Associates Inc. 327 Cumberland Street, 1st Floor Lebanon, PA 17042 Effective Date of Appraisal: January 3, 2011 Date Submitted: March 1, 2011 AGRARIAN ASSOCIATES, INC. 327 Cumberland Street, 1st Floor Lebanon, PA 17042 APPRAISAL REPORT I. Introduction Agrarian Associates Inc. 327 Cumberland Street, 1st Floor Lebanon, PA 17042 (717) 228-1510 March 1, 2011 Mr. Gary Orndorff 2381 Hartford Road York, PA 17402 Dear Mr. Orndorff: In accordance with your request for appraisal of the Jay Willard Fought Estate land, have estimated the market value of the 6.41 acres of vacant land to be as follows: As Is ***Thirty two thousand dollars*** $32,000 The interest being appraised is a fee simple estate. The effective date of appraisal is January 3, 2011, the date of Jay Willard Fought's death. Due to inclement weather, the appraiser was unable to physically inspect the property. I have made a careful study of the property and all related data and information documented in the report. I have considered all appropriate approaches to value and have complied with the intent and purposes of the Uniform Standards of Professional Appraisal Practice (USPAP) and procedures and regulations pertaining to this Summary appraisal. I trust that you will find this report complete and to your satisfaction. If you have questions, feel free to contact me any time. Respectfully submitted, B r i a n D Digitally signed by Brian D. Pedrick DN: cn=Brian D. Pedrick, o=Agrarian Associates, Inc., ou, Pedrick email=agrarianC~verizon.net, c=US Date: 2011.03.01 12:27:15 -05'00' Brian D. Pedrick, IFAA PA State Certified General Appraiser License # GA-001200-L Specializing in Farms, Land, and Conserva#ion Easements Brian D. Pedrick, 1FAA GA-001200E Epsucheolige L. Hoffman GA-003349 Angela M. Wright GA-003562 CERTIFICATE OF APPRAISER: I certify that, to the best of my knowledge and belief .. . - 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. - I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. - I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. - 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 of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. - My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice and the Standards of Professional Practice of the National Association of Independent Fee Appraisers. - I (Angela M. Wright) did not perform a personal inspection of the property that is the subject of this report. - No one provided significant real property appraisal assistance to the person signing this certification. - Based on all elements that could reasonably affect the value of the Jay ~Ilard fought estate property and considering the Assumptions and Limiting Conditions contained herein, I have estimated the market value of the subject property, as of January 3, 2011, of: As Is ***Thirty two thousand dollars*** $32,000 B r i a n D A n g e l a M Digitally signed by Angela M. Wright Digitally signed by &ian D. Pedrick • DN: cn=An ela M. Wri ht, • DN: cn=Brian D. Pedrick, o=Agrarian 9 9 Associates, Inc.,ou, o=Agrarian Associates, Inc., ou, Pedrick email=agrarian@verizon.net, c=US Wright email=agrarian@verizon.net, c=US Date: 2011.03.01 12:27:37 -05'00' Date: 2011.03.01 12:27:54 -05'00' Brian D. Pedrick, IFAA Angela M. Wright PA State Certified General Appraiser PA State Certified General Appraiser License # GA-001200-L License # GA-003562 March 1, 2011 March 1, 2011 i STATEMENT OF LIMITING CONDITIONS THIS REPORT, INCLUDING THE CERTIFICATION CONTAINED HEREIN, IS MADE EXPRESSLY SUBJECT TO THE FOLLOWING LIMITING CONDITIONS: (1) The report is not an authorized copy unless it is signed in blue ink (except for electronically signed versions). (2) Possession of this report, or a copy thereof, does not imply the right of publication nor the right of use for any purpose by anyone other than the client to whom it is addressed, without the written consent of the appraiser. (3) Neither all nor any part of the contents of this report shall be conveyed to any person or entity, other than the appraiser's or firm's client, through advertising, solicitation materials, public relations, news, sales, or other media without the written consent and approval of the authors, particularly as to valuation conclusions, the identity of the appraiser or firm with which the appraiser is connected, or any reference to the appraiser's affiliation with any professional appraisal organization or designation. Further, the appraiser or firm assumes no obligation, liability, or accountability to any third party. If this report is placed in the hands of anyone but the client, client shall make such party aware of all the assumptions and limiting conditions of the assignment. (4) The use of this report is subject to the requirements of the National Association of Independent Fee Appraisers, as relating to review by their individual duly authorized representatives. Further, the disclosure of the contents of this report is governed by the By-Laws and Regulations of the National Association of Independent Fee Appraisers. (5) This report shall be used in whole and not in part. The loss or removal of any portion of the report invalidates the entire report. (6) The appraiser and/or firm, by reason of this report, shall not be required to give testimony or be in attendance in any court, administrative hearing or any conferences pertaining to such, unless proper notice, arrangements and compensation terms are made in advance. (7) The appraiser and/or -firm by reason of this report, shall have no obligation to revise the conclusions presented herein in order to reflect events and/or conditions occurring subsequent to the date of valuation. (8) The appraiser and/or firm reserves the right to review, and revise if necessary, his judgments and conclusions on the basis of information withheld or not discovered in the normal course of diligent investigation. (9) The appraiser and/or firm has no responsibility for matters of a legal nature, questions of survey, opinions as to title, soil or sub-soil conditions, engineering or other technical matters. (10) The property is assumed to be free and clear of all liens, encumbrances and defects of title, except those specifically cited within this appraisal report. (11) Marketable title, competent management, responsible ownership and compliance with all governmental regulations and controls are assumed, unless specifically cited otherwise within this appraisal report. (12) The appraiser and/or firm assumes that~all required licenses and/or permits, consents or other legislative or administrative authority from any local, state or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate(s) contained within this report are based. This also assumes a timely manner without unusual cost. Unless otherwise specifically cited in this appraisal report. STATEMENT OF LIMITING CONDITIONS (13) The appraiser and or firm assumes that there are no hidden or unapparent conditions of the property, sub-soil or structures which would render it more or less valuable than otherwise competitive/comparable property. The appraiser and or firm also assumes no responsibility for such conditions or engineering studies which might be required to discover such conditions. (14) Any sketches, maps or other exhibits prepared by the appraisers and illustrated within this report are included solely to aid the reader in visualizing the property and/or its location, and should not be construed as surveys or engineering drawings. (15) Each value estimate, finding, prediction, assumption or conclusion contained within this report is that of the appraiser's and is not to be considered as an assurance that an event will or will not occur. The value estimate is based upon appropriate research and applicable appraisal techniques; in that, by its nature, the appraisal of real estate is not an exact science, the end result is an opinion with which others may differ; the final estimate of value is not guaranteed and no warranty is implied or intended. (16) The current (effective date of appraisal) purchasing power of the U.S. dollar is the basis for the value estimate; no extreme fluctuations in economic cycles are anticipated. (17) Any allocation of value to the land and/or improvements contained within this report are based on the current program of utilization and are constituent parts of the total value reported. Neither allocation may be used in making a summation report by combining component values created by others. Either will be invalidated if so used. (18) If the property rights appraised herein relates to an estate that is less than the whole fee simple estate and is a fractional interest only, the value of the fractional interest plus the value of all other fractional interests may or may not equal the value of the whole fee simple estate. (19) No consideration has been given to any furniture, trade fixtures, special equipment, personal property, the present worth of any business or enterprise and/or inventories that may be located on the subject property which are not normally considered part of the real estate. Any discussion of those items is for reference purposes only, and the appraiser and/or firm accepts no responsibility for the valuation of those items. (20) It is assumed that no ruins, artifacts or items of historical or archaeological significance have been discovered or exist on the subject property. (21) The Americans with Disabilities Act (ADA) became effective January 26, 1992. The appraiser has not made a specific compliance survey and analysis of the subject property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property together with a detailed analysis of the requirements of the ADA could reveal that the property is not in compliance with one or more of the requirements of this act. If so, this fact could have a negative effect upon the value of the property. Since the appraiser and/or firm has no direct evidence relating to this issue, they did not consider possible noncompliance with the requirements of ADA in estimating the value of the property. STATEMENT OF LIMITING CONDITIONS (22) Unless otherwise stated in this report, the existence of potentially hazardous substances, including without limitation asbestos, polychlorinated biphenyl, petroleum leakage, or agricultural chemicals, which may or may not be present on the property, or other environmental conditions, were not called to the attention, nor did the appraiser and/or firm become aware of such conditions during their inspection. The appraiser and/or firm has no knowledge of the existence of such materials on or in the property unless otherwise stated. The appraiser and/or firm, however, is not qualified to test such substances, such as asbestos, urea formaldehyde foam insulation, or other hazardous substances or environmental conditions, which may affect the value of the property. The value estimated is predicated on the assumption that there is no such condition on or in the property or in such proximity thereto that it would cause a loss in value. No responsibility is assumed for any such conditions, nor for any expertise or engineering knowledge required to discover them. (23) It is assumed that no waste dumping of disposal activities have occurred upon the subject property; that there are no underground storage tanks situated on the subject property; and no activities have occurred or conditions been maintained on adjacent lands which have resulted in the contamination of the surface water, ground water or soils at the subject property, unless otherwise stated in the report. Unless otherwise stated in the report. (24) If required, any environmental impact statement prepared for the subject property is assumed favorable and will receive approval from the appropriate regulatory bodies. (25) To the best of the appraiser's and/or firms knowledge and belief, the information furnished to the appraiser or firm, and the statements of fact contained in this appraisal report, and upon which the analyses, opinions, and conclusions are expressed herein are based, are true and correct, subject to a reasonable effort having been made to verify such information. (26) It is assumed by the appraisers, the proposed construction (if any) will be completed in a good workman like manner, in compliance with all applicable building codes and government regulations, and in a timely fashion. (27) Acceptance of and/or use of this appraisal report constitutes acceptance of the foregoing assumptions and limiting conditions along with any other assumptions and/or conditions cited within the body of the report. (28) It is assumed by the appraisers that the property, if improved is served by an adequate and potable water source and that any waste disposal systems such as septic systems are permitted and functioning properly. (29) Actual building measurements are taken inter-connected, inaccessible, or difficult t measurements are taken from public records, discussions with the property owner. when practical. Many times buildings are o measure accurately. In these instances, counting of standard building components, and iv USDA-FSA Form FmHA 1922-1 (Rev. 10-99) Agrarian Associates File No. A1102027L UNITED STATES DEPARTMENT OF AGRICULTURE FARM SERVICE AGENCY State Pa APPRAISAL REPORT -FARM TRACT County York Owner/Applicant Jay W. Fought ° Legal Description and Number of Acres 6.41 Acres Vacant Woodland Carroll Township Pa rce I : 2 0-000-0 B-0087-FO Deed: 1618-5882 ° Purpose and Intended Use of Appraisal Estimate Market Value For Federal Estate Tax Purposes Effective Date of Appraisal is January 3, 2011, the date of Jay Willard Fought's Death ° Rights Appraised ® Fee Simple ^ Leasehold ^ Other ° Highest and Best Use of Property Recreational, Open Space ° Extent of process See Attachments A. LOCATION F. NATURAL RESOURCES* NAME OF NEAR TOWN Dillsburg ^ MINERALS* ^ OIL OR GAS DIRECTION FROM TOWN Northwest ^ TIMBER ^ GRAVEL MILES FROM TOWN < 2 ^ OTHER (SPECIFIC _ MILES FROM NEAR, SCHOOL < 10 G. WATER* MILES FROM NEAR, CHURCH N/A FARMSTEAD PASTURE AND B. ROADS AND COMMUNITY FAMILY USE LIVESTOCK CROPLAND CONDITION OF ROADS ^ E ^ G ® F ^ P SOURCE KIND OF FARM ROAD None WELL DEPTH MILES TO NEAR, PUBLIC GRAVEL OR H-S ROAD 1,300'+- CONVENIENT [~ Y ^ N ^ Y ^ N ^ Y ^ N RIGHT-OF-WAY TO FARM ^ YES ^ NO ADEQUATE [~ Y ^ N ^ Y ^ N ^ Y ^ N i FARM, DIST. CONDITION ^ E ^ G ^ F ^ P DEPENDABLE ['~ Y ^ N ^ Y ^ N ^ Y ^ N TYPE OF FARM, IN COMMUNITY QUALITY ACCEPTABLE ^ Y^ N^ Y^ N^ Y^ N C. FARM SERVICES ^ R.F.D. ^ PHONE ^ POWER LINE ^ MILK ROUTE H. HAZARDS, DETRIMENTS AND LIMITING CONDITtONS* MILE FROM ELEV. GINS MKTG. FACIL. ^ IDENTIFlED HISTORICAUARCHAELOGICALSlTES ^ WETLAND ACRES ^ UNDERGROUND STORAGE TANKS D. COMMUNITY FACTORS ^ CONSERVATION EASEMENT ACRES ^ HAZARDOUS WASTES FARM COMPARED WITH AVERAGE IN COMMUNITY ^ MUDSLIDE AREA LOCATION ^ AVG. ^ BETTER ^ POORER ^ HIGHLY ERODIBLE LAND See FSA ACRES DESIRABILITY ^ AVG. ^ BETTER ^ POORER ^ FLOOD PLAIN ACRES SALABILITY ^ AVG. ^ BETTER ^ POORER ^ OTHER (SPECIFIC Environmental Concerns Unknown RENTABILITY ^ AVG. ^ BETTER ^ POORER COMMENTS None of the subject soils are listed as being hydric or as having hydric inclusions. E. CONDITION OF LAND GENERAL FERTILITY ^ E ^ G ^ F ^ P' 1. OWNERSHIP HISTORY* NOXIOUS Wooded % DATE BOUGHT 10/2003 _ ACRES 6.41 PRICE $ 1.00 WEEDS: Unknown ~° CHANGES: DATE COSTS LAND NEEDS: $ DRAIN AC LEVEL AC CONTOUR ~` AC OTHER (SPECIF1~ _ AC COMMENTS IRRIGATED* '` AC, NAME OF IRRIGATION DIST. ~. TYPICAL RENTAL TERMS Land Value/Acre: 4 992 Building Value/Acre: 0 ANNUAL RENT $ CASH $ SHARE % PROD. QTY. K. TAXES ASSESSED VALUE $ 7,050 REAL EST. TAXES(yr) 2011 ASSES. RATE 100% % $ 142 MIL LEVY 20.1393 SPEC. IMPROVE DIST. *Attachments as needed TAXES* $ corm rui - " I U I AL zUl U" appraisal software by a la mode, inc. - 1-800-ALAMODE Page 1 of 5 USDA-FSA Form FmHA 1922-1 (Rev.10-99) k k KIND SIZE CONDI- USEFUL DEPRECIATED OF DIMENSION TION LIFE REPLACEMENT CON- KIND FOUN- OR AREA OF REPLACE- REMAIN- VALUE I YEAR STRUC- OF DA- OF GROUND STOR- BUILD- MENT ING (Insurance CONTRIBUTORY KIND OF BUILDING BUILT ~ TION ROOF TION FLOOR IES ING COST (yrs. or %) Coverage) VALUE (1) (2) ~ (3) (4) (5) (6) (~) (8) (9) (10) (11) (12) A. DWELLING None $ $ $ B. C. D. E. F. G. H. I. J. K. L TOTALS (ADD AN ATTACHMENT IF ADDITIONAL SPACE IS NEEDED TO DESCRIBE BUILDINGS) BUILDING CONTRIBUTORY VALUE PER ACRE $ DATE SALE PR ICE * ADJUSTMENT FACTORS ADJUSTED VALUE OF IDENTIFICATION TOTAL PER LOCA- BUILD- PER SALE OF PROPERTY ACREAGE TOTAL ACRE TION LAND INGS TIME OTHER ACRE TOTAL (1) (2) (3) (4) (5) (6) (~) (8) (9) (10) (l i) (12) 06/08 Balkovic A. Leicht 8.5 $ 42,500 $ 5,000 $ $ $ $ $ $ 5,000 $ 32,050 02/09 Lloyd B• Myers 7.5 45,000 6,000 6,000 38,460 06/09 Stidfole C. Reinhart 6.31 24,000 3,803 3,803 24,377 07/09 Betz D. Murray 6.19 42,500 6,866 6,866 44,011 07/10 Fleming ETA E• Ruth 4.79 25,000 5,219 5,219 33,454 * INDICATE (+) OR (-) ADJUSTMENT IN DOLLAR AMOUNTS [Subject better add (SBA)] INDICATE (0) OR (_) IF NO SIGNIFICANT DIFFERENCE [Comparable better subtract (CBS)] MARKET VALUE $ 5,000 $ 32,050 SEE ATTACHMENT(S) Other FOR SUPPORTING DATA, DOCUMENTATION, AND COMMENTS COMMENTS ON ADEQUACY AND APPROPRIATENESS OF BUILDINGS TAKING INTO CONSIDERATION PLANS FOR BUILDING CONSTRUCTION OR REPAIR INCLUDING COST (ESTIMATED) The subject property is vacant woodland. **Due to inclement weather, the appraiser was unable to personally inspect the subject property. COMMENTS ON CONDITION OF LAND TAKING INTO CONSIDERATION PLANS FOR LAND IMPROVEMENTS INCLUDING COST (ESTIMATE) The subject is 6.41 acres of vacant woodlands. Soils are Edgemont Series with 8-70% slopes. The subject is not enrolled in Clean & Green. The subject is located in the AC -Agricultural Conservation Zoning District of Carroll Township, York County. The subject does not have any public road frontage. The appraiser is making the assumption that the property has a legal ROW, and the estimate of value arrived at in this appraisal is based upon that premise. **The appraiser was unable to interview anyone with personal knowledge of the property. The appraiser is making the assumption that the property is not encumbered by any perpetual/restrictive easements or Life Estates. The estimate of value arrived at in this appraisal is based upon that premise. g Form F01 - "TOTAL 2010" appraisal software by a la mode, inc. -1-800-ALAMODE Page 2 of 5 USDA-FSA Form FmHA 1922-1 (Rev. 10-99) ij ~: YIELD TOTAL PRODUCTION LANDLORD'S RETURN CROPS ACRES PER PRICE GROSS CASH AND/OR RENTAL SHARE (7) ACRE AMOUNT pER UNIT VALUE RATE OR % VALUE (1) ~ (2) (3) (4) (5) _ (6) (la) (7b) $ _ $ FARMSTEAD, DWELLING RENTAL (Rent per month) CASH RENT WOODLAND 6.41 WASTELAND, ROADS, ETC PERMANENT PASTURE ANIMAL UNITS $ TOTALS 6.41 $ $ (8) DEDUCTIONS REAL ESTATE TAXES AND ASSESSMENTS INSURANCE COSTS ON BUILDINGS MAINTENANCE COSTS BUILDINGS, FENCES, WATER SUPPLY, TILE OPERATING AND MAINTENANCE COSTS FOR IRRIGATION AND DRAINAGE ANNUAL PAYMENTS ON BONDED DEBTS OTHER DEDUCTIONS (SEEDS, CROP INSURANCE, WATER CHARGES, FERTILIZER, LIME SPRAY MATERIAL, HAULING, HARVESTING, GINNING, AND MARKETING EXPENSES). $ 142 TOTAL DEDUCTIONS _ (9) NET FARM INCOME $ 142.00 $ -142.00 (10) CAPITALIZATION RATE % (11) CAPITALIZATION VALUE PER ACRE $ CAPITALIZATION VALUE $ (12) VALUE OF MINERALS (If not included in above CAP Rate) TOTAL CAPITALIZATION VALUE (INCLUDING MINERALS) $ (13) CAPITALIZATION RATE SELECTION COMPARABLE RATE COMMENTS A, % B. % C. ~ % i D. ~ % - E. % ~ Page 3 of 5 Form F01 - "TOTAL 2010" appraisal software by a la mode, inc. -1-800-ALAMODE 91SDA-FSA Form FmHA 1922-1 (Rev. 10-99) DEPTH OF KIND OF VALUE USE OF LAND (1) ACRES (2) SOIL DESCRIPTION (3) TOPSOIL (4) SUBSOIL (5) TOPOGRAaHY (Ei) PER ACRE (7) TOTAL (8) CROPLAND $ $ TOTAL CROPLAND PERM. PASTURE WOODLAND 6.41 EeD,EeF 0-6" Stony 8-70% _ 5,000 32,050 FARMSTEAD ROADS, ETC. TOTALS 6.41 MARKET VALUE OF LAND $ 32,050 CONTRIBUTORY VALUE OF BUILDINGS AS IMPROVED (OBTAIN TOTAL FROM PART2, COLUMN 12) $ MINERAL ACRES OWNED VALUE OF MINERALS (per acre) TOTAL CONTRIEIUTORY VALUE OF MINERALS $ SUMMATION VALUE OF FARM (PER ACRE $ - 5,000) $ 32,050 VALUE INDICATION -MARKET DATA APPROACH (SALES COMPARISON) $ _ 32,050 VALUE INDICATION -CAPITALIZATION (INCOME) APPROACH $ VALUE INDICATION -SUMMATION (COST) APPROACH $ _ 32,050 MINERAL-CONTRIBUTION $ RECOMMENDED MARKET VALUE (LAND AND MINERALS) ($ 4,992 /Acre) ~_ 32,000 Note: The Recommended Market Value Includes the mineral contribution from Form FSA 1922-11, if any. SEE ATTACHMENTS Addenda FOR SUPPORTING DATA, DOCUMENTATION AND COMMENTS I CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE AND BELIEF: 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. I HAVE NO (OR THE SPECIFIED) PRESENT OR PROSPECTIVE INTEREST IN THE PROPERTY THAT IS THE SUBJECT OF THIS REPORT, AND NO (OR THE SPECIFIED) PERSONAL INTEREST WITH RESPECT TO THE PARTIES INVOLVED. I HAVE NO BIAS WITH RESPECT TO THE PROPERTY THAT IS THE SUBJECT OF THIS REPORT OR TO THE PARTIES INVOLVED WITH THIS ASSIGNMENT. MY ENGAGEMENT IN THIS ASSIGNMENT WAS NOT CONTINGENT UPON DEVELOPING OR REPORTING PREDETERMINED RESULTS. MY COMPENSATION FOR COMPLETING THIS ASSIGNMENT WAS NOT CONTINGENT UPON THE DEVELOPMENT OR REPORTING OF A PREDETERMINDED VALUE OR DEIRECTION IN VALUE THAT FAVORS THE CAUSE OF THE CLIENT, THE AMOUNT OF THE VALUE OPINION, THE ATTAINMENT OF A STIPULATED RESULT, OR THE OCCIIRAACE OF A SUBSEQUENT EVENT DIRECTLY RELATED TO THE INTENDED USE OF THIS APPRAISAL. MY ANALYSES, OPINIONS, AND CONCLUSIONS WERE DEVELOPED, AND THIS REPORT HAS BEEN PREPARED, IN CONFORMITY WITH THE UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE. I ~ HAVE ® HAVE NOT MADE A PERSONAL INSPECTION OF THE PROPERTY THAT IS THE SUBJECT OF THIS REPORT. (IF MORE: THAN ONE PERSON SIGNS THE REPORT, THIS CERTIFICATION MUST CLEARLY SPECIFY WHICH INDIVIDUALS DID AND WHICH INDIVIDUALS DID NOT MAKE A PERSONAL INSPECTION OF THE: APPRAISAL PROPERTY.) NO ONE PROVIDED SIGNIFICANT PROFESSIONAL ASSISTANCE TO THE PERSON SIGNING THIS REPORT (IF THERE ARE EXCEPTIONS, THE NAME: OF EACH INDIVIDUAL PROVIDING SIGNIFICANT PROFESSIONAL ASSISTANCE MUST BE STATED.) CONTIN ~ NT AND IMITIN ~ ONDITION TAT ti^FNT• THE APPRAISER IS NOT QUALIFIED TO VERIFY OR DETECT THE PRESENCE OF HAZARDOUS SUBSTANCES BY VISUAL INSPECTION OR OTHERWISE, NOR QUALIFIED TO DETERMINE THE EFFECT, IF ANY, OF KNOWN OR UNKNOWN SUBSTANCES PRESENT, UNLES:> Ol}IERWISE STATED ON THIS FORM OR AN ATTACHMENT HERETO. THE FINAL VALUE CONCLUSION IS BASED ON THE SUBJECT PROPERTY BEING FREE OF HAZARDOl1S WASTE CONTAMINATIONS, AND IT IS SPECFICALLY ASSUMED THAT PRESENT SUBSEQUENT OWNERSHIPS WILL EXERCISE DUE DILIGENCE TO ENSURE THAT THE PROPERTY DOES NOT BECOME OTHERWISE CONTAMINATED. oigltany signed by Angeia M. wrignt ht DN: cn=Angela M. Wdgh4 o=Agrarian Associates Inc An ela t Wri , - ou, g Vf. g DATE OF INSPECTION email=agrarian@verizonne4~U5 No Site Inspection (SIGNED) Date:2011.03.Ot 122832-05'00' EFFECTIVE DATE 01 /03/2011 Angela M. Wn~ht, GA-003562 (TITLE) THIS APPRAISAL CONTAINS REVIEWED BY _ ATTACHMENTS Addenda DATE Form F01 - "TOTAL 2010" appraisal software by a la mode, inc. -1-800-ALA,M01)E Page 4 of 5 Agrarian Associates Borrower Ja W. Fou ht Estate __ File No. A1102027L Pro a Address Pine Street C' Dillsbur County York State Pa i:i Code 17019 Lender N/A PROPERTY HISTORY OF SUBJECT PROPERTY In developing a real property appraisal, when the value opinion to be developed is market value, an appraiser must, if such information is available to the appraiser in the normal course of business: (a) analyze all agreements of sale, options, or listings of the subject property current as of the effective date of the appraisal. (b) analyze all sales of the subject property that occurred within the three (3) years prior to the effective date of the appraisal. The appraiser has attempted to obtain specific information on the subject property with the following findings: The subject property has had no change of ownership in the past three (3) years. ® The subject property has had no change of ownership in the past five (5) years. The subject property is currently under contract. Details of the pending purchase are summarized below. [~ The subject property is currently offered for sale: The listing price is $ __ The subject property has been sold in the past three (3) year period. Details of the previous sale{s) are disclosed below. Sale/Recording Date Sales Price List/Asking Price Grantor/Grantee Data Source The subject property is proposed construction and is not currently being offered. [] A previous sales history of the subject property could not be obtained by the appraiser in the normal course of business. Comments: The subject property has not been sold or transferred within the last 5 years. The subject property is currE:nt~~ not listed for sale or under Form PHS2 - "TOTAL 2010" appraisal software by a la mode, inc. -1-800-ALAMODE Page 1 7. PURPOSE OF APPRAISAL AND DEFINITION OF VALUE: The purpose of this appraisal is to estimate the Market Value for the subject property. A current economic definition agreed upon by agencies that regulate federal financial institutions in the United States of America and contained in the 2003 edition of the Uniform Standards of Appraisal Practice is: The most probable price which a property should bring ire a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and 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 parties are well informed or well advised, and acting in what they consider their own best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in United States 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. 2. SCOPE OF THE APPRAISAL The client has requested that the appraisers develop and prepare a Summary Appraisal Report" that is in compliance with the requirements of the Uniform Standards of Professional Appraisal Practice (USPAP). This appraisal has been prepared in a narrative format in conformance with the applicable standards. The values contained within this appraisal are subiect to the Assumptions, Limitin_g Conditions and Certificate, as previously cited. A "Summary Appraisal Report" is defined within the Uniform Standards of Professional Appraisal Practice as presented below: "A written report prepared under Standards Rule 2•-2 (b) performed under Standard 7." Comment: The full extent of the ,process may not be apparent to the reader in the contents of the report: Page 2 A SummaryAppraisa/ Report, presents only compendious discussions of the data, reasoning, and analysis that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning and analysis is retained in the appraiser's work file. The depth of discussion contained within this report is specific to the needs of the client and the intended use of the document. The appraisers are not responsible for unauthorized use of this report. The Scope is defined in the Dictionary of Real Estate Appraisal, Third Edition, published by the Appraisal Institute, as the extent of the process in which data are collected, confirmed and reported. This appraiser has been collecting, confirming and reporting data for over 25 years. The process leading to the final value conclusions includes a review of governmental, social, physical, and economic factors impacting the subject property as of the date of valuation. A careful study of the surrounding regional and local real estate markets were made. The appraisers physically inspected the subject property, researched governmental controls such as current zoning, availability of utilities, real estate assessments and taxes, and forecasted the effect of these factors on the value and marketability of the subject property. The appraisers have also considered factors such as: regional and neighborhood data, trends in agriculture, competitive market data, and the availability of mortgage financing. The process of data collection used in developing the appraisers' conclusions and final value estimates involved obtaining information from real estate professionals, public officials, grantors and grantees, public records and data from the appraisers' internal files. This information was augmented by the appraisers' personal knowledge of the subject's market and knowledge of real estate on a longitudinal basis of active real estate transactions. Market data is sought for many factors in any value estimate. The data includes sales and offerings of improved property and parcels of vacant land similar or competitive to the subject, current prices of construction materials and labor, rentals of similar or competitive properties and their operating expenses if available, current rates of return on similar or competitive real estate investments, market demand and general economic (market) conditions as of the date of valuation. The main source for the appraiser's sales data is the tax assessment office of each county. The assessment offices retain a record of every property transfer which has occurred in the respective county. The appraiser researches supplements this information with various multi-list services, discussions with brokers, auctioneers, and reviews of real estate publications which contain property sales information. Page 3 Sales utilized in appraisal reports are verified with a party involved in the transaction. The first step in the valuation process is to determine and iidentify the highest and best use of the real property, as of the date of valuation. 'The second step is the development of the applicable methods or approaches to solve the question(s) sought in the appraisal assignment. "Market Value" is typically arrived at by the traditional three (3) methods: Cost, Sales Comparison, and Income Capitalization Approaches. (1) The Cost Approach is predicated on the concept that the total value of improved property is equivalent to the market value of the land plus the cost of the improvements, less depreciation from physical, functional and external deficiencies. (2) The Sales Comparison Approach is predicated on comparable sales data which tends to reflect what willing and knowledgeable, but uncoerced, seller and buyer would agree upon as the price at which a property should exchange. (3) The Income Capitalization Approach is predicated on the foundation that value is based on the net income the property is capable of producing and which derives an estimate of present worth from the capitalization of such net income. The Sales Comparison and Cost Approaches are typically given most weight. Due to the many motivations for the purchase of farmland, the Income Capitalization Approach is not relied upon. The Cost Approach typically serves to evaluate the property's financial feasibility and tends to set the upper limit of value. However for agricultural property, the Cost Approach is utilized in estimating contributory improvement value which includes accrued depreciation. This applies to both the subject property and competitive market sales in the development and application of the Sales Comparison and Income Capitalization Approaches. The logic of this reasoning is that land is considered to be held in perpetuity, whereas buildings and improvements are depreciating assets. The final step in the valuation process is the reconciliation of the value indications derived from the applicable approaches, into final value estimates for the valuation questions. A thorough review of the entire valuation process precedes the development of the final reconciled value indications. The scope of the appraiser's research is extensive. The appraiser's sources and research methodology provide all of the data needed to complete an accurate value conclusion. Page 4 3. PROPERTY RIGHTS APPRAISED The scope of this valuation assignment requires that the appraiser consider the "Fee Simple Estate" in the subject property. A "Fee Simple Estate" is defined in the Dictionary of Real Estate Appraisal, third edition, published by the Appraisal Institute, as follows: "Absolute ownership unencumbered by an other interest or estate, subject only to the limitations imposed by the government powers of taxation, eminent domain, police power, and escheat. " The "Fee Simple Estate" is also subject to normal right-•of-ways granted to governmental agencies and public utility companies for the placement and maintenance of utility distribution and drainage systems .as well as other easements of record. The subject is encumbered by an agricultural conservation easement which is perpetual and limits the use of the property to agriculture. 4. IDENTIFICATION OF SUBJECT PROPERTY: The subject property is located in Carroll Township, York Caunty. The property is identified by deed reference 1618-5882 and tax parcel 20-000-OB-0087-F0. The property contains 6.41 acres of vacant land. 5. TAXES: The subject has a market assessed value of $7,050 for 2t)11. The subject is not enrolled in Clean and Green. The current annual taxes are $142 based on current millage rates of 20.1393 for Carroll Township. 6. ZONING: The subject is located in the AC -Agricultural Conservation Zoning District of Carroll Township, York County. The purpose of the AC Zoning District is to preserve rural resource areas of Township by providing for very low-density development. Extension of existing public sewer and existing water facilities is contrary to this purpose and is therefore prohibited within this Zone. Permitted Uses {Subject to the requirements listed in Articles 3 and 4 of this Ordinance.) 1. Agriculture (excluding intensive animal operations), horticulture and forestry uses; 2. Communication antennas on existing structures; 3. Essential Services; 4. Greenhouses and nurseries; 5. Kennel; 6. Municipal use; 7. No-impact home based business; Page 5 8. Public parks and playgrounds; 9. Public utilities structures, with the exception of community/public sewer and water plants and lines; 10. Roadside stands; 11. Single-family detached dwellings, however, tracts of six (6) acres or more may be developed as a residential conservation subdivision in accordance with this Ordinance and Article 12 of the SALDO; and 12. Accessory uses customarily incidental to the above permitted uses, including, but not limited to, the following: a. Family day-care facilities, as defined herein; b. Manure storage facilities as an accessory use to a farm, provided that construction and subsequent operatior~ of the waste storage facility shall be in accordance with all applicable State and Federal regulations, and provided that said manure was produced on the premises; c. Processing of farm products; d. Roadside stands, as an accessory use to a farm, for the sale of agricultural products grown on the premises, provided any such building does not exceed 1,000 square feet in floor area, and must be located more than ten feet (10`) from the front street right-of way line and must have adequate off-street parking and a driveway meeting minimum sight distance requirements. Also, a maximum of two (2) signs will be permitted and shall not exceed fifteen (15) square feet in total area, nor exceed a max~rmum height of eight feet (8'). e. Open Space Land -Open space comprising a portion of residential development. f. Noncommercial keeping of livestock Other uses permitted by Special Exception or Conditional lJse. 'C`he minimum iot size for most permitted uses is 2 acres. A copy of the zoning ordinance is included in the addenda. 7. ANALYSIS AND CONCLUSIONS: HIGHEST AND BEST USE A critical point of any valuation analysis is the determination of highest and best use of the property being appraised. Highest and Best lJse is defined in the Dictionary of Real Estate Appraisal, third edition, published by the Appraisal Institute, as follows: "The reasonably probable and legal use of vacant rand or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet and legal permissibility, physical possibility, financial feasibility, and maximum profitability. " Page 6 In determining the highest and best use of a property, are appraiser takes into account and analyzes the following criteria: Legally Permissible - In all cases, an appraiser must determine what uses are legally permissible. Private restrictions, zoning, building codes, historic district controls and environmental regulations must be investigated because they may preclude many potential highest and best uses. Physically Possible -Physical characteristics of the site and improvements may affect the uses to which a property can be utilized. The utility of a parcel may depend on the site's frontage and depth and the improvements layout, design and utility. Financially Feasible - In determining which uses are physically possible and legally permissible, an appraiser eliminates some uses from consideration. Then, the uses that meet the first two criteria are analyzed further to determine which are likely to produce an income, or return, equal to or greater than the amount needed to satisfy operation expenses, financial obligations, and capital amortization. All uses that are expected to produce a positive return are financially feasible. N~laximally Productive - 4f the financially feasible uses, the use that produces the highest price, or value, consistent with the rate of return warranted by the market for that use is the highest and best use. To determine the highest and best use of the property, the same rate of return is often used to capitalize income streams from different uses into their respective values. This procedure is appropriate if all competing uses have similar risk characteristics. The use that produces the highest value is the highest and best use. Highest and Best Use is analyzed in two parts. ,First, the property is considered to be vacant and available for development as of the valuation date. Then, the highest and best use of the property as improved and/or proposed to be improved is considered. It is to be recognized that in cases where a site has existing improvements on it, the highest and best use may very well be determined to be different from the existing use. The existing use will continue, however, unless and until land value in its highest and best use exceeds the total value of the ;property in its existing use. An interim use is an existing and relatively temporary use where the transition to highest and best use is deferred. A building or other improvement may have many years of remaining life yet may not enhance the value of the land that has a higher use, except as an interim-use improvement while the land is in transition. Page 7 Highest and Best Use as Applies to Subject: After con~;idering all the factors that would affect highest and best use including location, zoning, physical characteristics of the site and existing improvements, a determination has been made that the highest and best use of the subject property both as improved and vacant is recreational and open space type uses. The subject property is vacant land. There are no existing improvements to influence highest and best use. The subject is 6.41 acres of vacant woodlands. Soils are E:dgemont Series with 8-70% slopes. The subject does not have any public road frontage. The appraiser is making the assumption that the property has a legal E:OW, and the estimate of value arrived at in this appraisal is based upon that premise. ~`*The appraiser was unable to interview anyone with personal knowledge of fhe property. The appraiser is makin_g the assumption that the property is not encumbered by an y perpetual/restrictive easements or Life Estates. The estimate of value arrived at in this appraisal is based upon that premise. ** The subject is located in a rural area of the county. Area land uses include recreational and open space, spotty residential and agricultural uses. The subject is located in an Agricultural Conservation Zoning District of the Township. Current zoning will permit limited agricultural and non-agricultural uses, including residential uses. The subject is not preserved. The subject .has limited legal and extremely limited physical potential for typical alternate uses. Current zoning will permit limited agricultural and non-agricultural uses, including residential uses. The subject does not have any public road frontage. Topography of the property is sloped to very steep. The lack of public road frontage coupled with unfavorable topography of the property would most likely severely limit potential development and/or more intensive uses. The subject property does not have any public road frontage. The appraiser has made the assumption that a legal right of way exists for the property, and the estimate of value is also based upon that premise. Based on the preceding discussion, the highest and best use of the subject property both as vacant land and as improved is recreational and open space type uses. 8. MARKET DATA APPROACH: Five comparable sales were used in this appraisal report.. All five sales were in the subject market area. The adjusted values per acre ranged from $3,803 to $6,866 per acre. A value of $5,000 per acre was chosen for the subject. 9. CAP/ TALIZATION APPROACH: The Capitalization Approach was not applicable to this assignment. The subject is not the type of property that would be purchased on its ability to generate an income stream. Page 8 10. SUMMATION APPROACH: The Summation or Cost Approach was not applicable to thus assignment. The subject is basically vacant land. 11. EXPOSURE TIME: The subject is a 6.41 acre tract of vacant woodlands. The ~;ubject does not have any public road frontage. The subject has sloped to steep topography. Current zoning will permit limited agricultural and non-agricultural uses. The subject is located in an area of the county where recreational and open space type properties are typical. The subject would have extremely limited potential for development or more intensive uses.- Estimated exposure time is 6-12 months. Exposure time is estimated by speaking with brokers, auctioneers and parties involved with the comparable sales. 12. RECONCILIATION OF MARKET VALUE: The reconciliation of value was based upon the fact that they Market Approach was the only indication of value. The Market Approach takes into account the actions of buyers and sellers in the market place. The Market Approach uses sales of competitive properties on the subject marketplace. When similar sales exist, this approach to value is most accurate since it involves the motivations of typical buyers and sellers. The Summation Approach was not applicable since the subject is vacant land. The Income Approach was not applicable since the subject is not the type of property that would be purchased c-n its ability to generate an income stream. The final decision of value on this property is based on the Market Approach. "Market Value" As Is ***Thirty two thousand dollars*** $32,000 Addenda YORif C01lMTY ` ~ 16 18 5 8 8 2 "~Nr o~cc ~'fara K~ Tax Parcel No . ~ ~ "' ~~(~ °'~.~""t~~ . 1 ~'l~t. THIS DEED, MADE THE day of ~'~~Phr- in the year two thousand three 03} BETWEEN JAY Tr-i. FOUGHfi and ANDREA L. FOUGHT`, husbax~. and wife, of Mechanicsburg, Pennsylvania, Grantors,. and JAY W. FOUGHT of Mechanicsburg, Pennsylvania, Grantee: ~ITNESSETH, that in consideration of One and No/1Q0 Dollars {$1.00}, in hand paid, the receipt whereof is hereby acknowl- edged, the said Grantors do hereby grant and convey to the said Grantee, his heirs and assigns: ALL fiHAT' CERTAIN piece or parcel of land situate in Carroll Township {formerly Monaghan Township}, York County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at stones, corner of tract now or formerly of Moses Markley, thence by the same North 35 degrees West. fifty-five and fifty hundredths (55.50) perches to stones, corner of tract now or formerly of Moses Markley; thence by lands now or formerly of John Evans South 54-1/ 2 degrees ~ntest eighteen anc3. sixty hun- dredths { l8.60 } perches to stones, corner of land'. now or formerly of Jacob Fentz; thence by the same South 35 degrees East thirty- five t35} perches to stones, corner of same; thex~.ce 1hTorth 35 degrees East eighteen and sixty hundredths (18,60} perches to the place of BEGINNING . CaNTAINING six {6} acres and sixty {6Q} perches o~f land. ~` BEI~i'G the same premises which Jonas Srd. Brindle, widower, Ruth E. Brindle Fought and ~'. Willard Fought, her husband., and N. Vivian `..~ J .~ . 1 . i~i'r~ ~. f Erindle, Executrix of the Last Will and Testament of Paul E. Brindle, late of Monroe Township, Cumberland County, Pennsylvania by deed dated August 22, 1975 and recorded February 4, 1976 in the York County Recorder of Deeds Office in Deed Book "69 X", Page 941, granted and conveyed unto Jay W. Faught and Andrea L. Fought, his wife, the Grantors herein, THIS IS A TRANSFER FROM HITS$ANE} AND WIFE TO HUSBAND AND IS, THEREFORE, EXEMPT FROM THE PAYMENT OF REALTY' TRANSFER TAX. A1~lt3 the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. IN WIT~SS OF, said Grantor has hereunto set their hands and seals the day and year first above written. SiQnecl, Beaded aad De~i~.verec~ iu the Praeeaae of COMMONWEALTH OF PII~INSYL~lANIA : SS. COUNTY OF CUMBERLAND ; AND'~F~Pi L . ~~-~.. ~ISEAI,~ {SEAL} On this , the ~~ day of ~~-~-v~C ~ 2003 , before me, the undersigned officer, personally appeared JAY li'J, FOUGHT, known to me (or satisfactorily proven} to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. seal. IN WIThTESS WHEREOF, I hereunto set my hand and officzal .SEAL ~ Notary Public i~+iy Commission Expires ~L ~~olrgr P~1iQ ~~dy~ ~ Mp~tf~e~, ~fI~IK ~. L_. ~~ ti t CONIl~SC-~1WE~ALTH OF PF.~I~TIJSYLVANIA SS. COUNTY OF ~;u.~¢.r~~ On this, the ~~ day of /I~Q~.'Q'r-~ 20(13, before me, the undersigned officer, persona].iy appeared ANDREA L. FOUGHT, known to me for satisfactorily proven3 to be the person whose name is subscribed to the within instrument, and a.c]cnowledged that she executed the same for the purposes therein contained. •~ • ZN FITNESS WHEREOF, ,: :., <.. :~a~,~ . . ,~:, ~. '•'' ~~' j4"^' ?~ fYVlil7 ~W • , +~ ' ~ ~,;~- ~ ~{•- ' Ann B. Faltor..,~~ CowntY ~.;-,~:;w''i~ xpN~is Apr.12, 2004 ~~ ' M6trlbfiC PC+f~h~lrt=tnt~, ". ~~`I~~tC~ Ot NoRafteS ~~ ".5., . r ii a +~a :: l I hereunto set my hand and official ,: ~~~ ~. (SEAL J Notaxy Public Niy Oom~tission Expiz-es: ~-/r~~' I do hereby certify that the precise residence and complete post office address of the within named grantee is 978 Park Place, Mechanicsburg, Pennsylvania 17055. AJss~~jt,~„ !~ , 2 0 0 3 J es D. Bo r Esquire Attorney for antee {NTS) CONIlylONWEALTH OF PENNSYLVANIA SS. COUNTY OF YORK RECORDED an tlzi s day of , 200,, in the Recorders Office of the said Count~~, in Deed Book Pale Given under my hand and the seal of the said office, the date above written. Recorder. ~t~ er,~ r v'v _ ~-5~8 REGI~RDEff ~ aEE~s YORK COUNTY PENNSYLVANIA ~ Il~;TRUMENT NICER ~cat~ o~ riio y 21 . 2~~~ 11: 39 : ~+~ ~A1'1 ,xsr~s m sit~.t~, JUSTIN pFf©RlSABt.E tDUSIN6 ffl.5it ~ STRTE 1KtIT TAK #tl.5~} PiM NUflUER FEES 92.E RECEIRDIii6 FEfS ~i3,t>I# COI~[Tlt ARI~tIVES fEE x.04 itdD pRai1VES FEE t3.t10 10iAL ~42,QC ii{~: 4#~48+F1 USA: JUb • r~ ~ CUSTt~R C~FITY 1 Y~• ~t~ 5~8~ ~t`tif~t ~IIB ~~c'ut~teIIt ~'Q ~ y'r R,ecarded In Y~r~ ~c~un~y, pg, ~'r%~' . - .. ~, _~' ,i~,'~ i-, ~ ~-, ~,~ ~ ~. ,~ ~~ +~ •.... P ~.~~ a'~'~aour~~ Q Soil Map-York County, Pennsylvania (FOUGHT LAND) N ~ N V r` j 40° 6' 58" 40° 6' 45" O V 40° 6' 58" 40° 6' 45" U QA Natural Resources Web Soil Survey 2/27/2011 Conservation Service National Cooperative Soil Survey Page 1 of 3 N Map Scale: 1:1,860 fi printed onAsize (8.5" x 11") sheet. Meters ~ N n 0 15 30 60 90 /,\V Feet 0 50 100 200 300 ca .~ >, c d Z J O 2 U C7 Y O ~~ to •O Z 0 C~ G O Z a G Z V W J a O Q ° m O ~ N ~ ~ Rf t6 ~ ~ N r" ~ ~ > U ~ w ~ N ..O cn 3 ~ O ~; N ~ ~ Z RJ ~ O O .C L -p U N '6 t~0-.. ~ C ~ N N (0 (n ~ ;~ ~ - Y O C7.. t0 O O U U ~ fq ~ O `- ~ ~ (B C ~ fQ N O O to ~ m v1 y ~ O Z > ° ~ ~ rn ~ 3 _ a N c Q 3 o ,~ Z U ~ Q >,o ~ N ~ a~ o~ .C ~ 4.- N . 0 ~ U '~ Z ~ ~ ~ C O a ~ Q ~ C ~~„ y C O O O Q - ~ Q ` O ~ 3 0 0 = L Q ~ p (II ~ d O o ~' O c o 3 0 ~' ~ >+ c Sri o ~ ?' ~ m ai ° m o. n1 ~ t ~ E o ~ ~ c V ~ a -o .n a~ ~ ~ ~ ~ •` ~ ~ ~ ~ _ ~ ~ ~ N Y ~ O O Q ~ ~ Q L O. O ~ O O O > ~ . p~ .. (/1 O cB ~ Z~ N- O O N O (D 00 ~.. O .C ~ ~ >+ ~ C N O (~ N +.• (~ ~ = 'O a O W N C e- ~ O .~ a ~ ~. O ~ .~ ' N O Q~ .~ O "O ~ ~ ~ ~ Z O~ O f!1 .~. Q N ~ L C Q . ~ (0 ~ ~ N O ~ f6 _ ~ O ~ O ~ O ~ ~ w ~ ~ ~ n-~ cn ° ~ o'n.~ca a ° ca ca ~ ° o ~ - 2 .«r a~ E c~ E ~ y N oa n ~ C ~ U (II .~ ~ a a ~ w w 3 ~ a m 7+ ~ °? ~ N ~ `~ °? ~ ~ ~ 0 ~ ~ 0 ~ L_ ~ ~ ~ O L_ ~ ;~ 7 d ~ ~ ~ C h ~ N "~ ' U O J d w {gyp ~ r V N ~ LL t t0 V IQ d LL ` ~ p d ~ d 1 ~ ~ ~`` - 3 ~ ~~~ ~ z~ s ~ a t0 -_ 3 ` ~ k 1 o Q o •- a ~ a a ai y y y ~ m ~' ~ ~ ~ ~ ca a o a ` ~ d o ~ ~ o o n ~_' ~ ~ ~ ~ °~ '"' ~ 3 `~ d c w a n L ~ o m o r+ f0 w 3 O O ` >. y N O (6 f0 C > ` C_ to _ ~ U .C C > Y '~Q _ ~ '~ C d a r _._ ~ ® ~ .`~". ~ -~' ~ ,~+ O O ~ + •, ICI C? ~~ '~ fli '~ ~ ~ y a 'a '~ ~ . . Q cn ~~ 0 0 N N N ~ N cB a~ ~ 'o Z~ ~ ~ ~o '- ~ ° n. ~U is C (0 Z m v N •~ d ~ ~ ~ _ N ~ ~ ~o tL6 y N .~ C m 0 Z U oG\ Soil Map-York County, Pennsylvania FOUGHT LAND Map Unit Legend York County, Pennsylvania (PA133) Map Unit Symbol Map Unit Name Acres in A01 Percent of AOI EeD ~ Edgemont channery loam, 8 to 25 percent slopes, very stony 5.5 85.8% EeF Edgemont channery loam, 25 to 70 percent slopes, very stony 0.9 14.2% Totals for Area of Interest 6.5 100.0% U~ Natural Resources Web Soil Survey 2/27/2011 ~ Conservation Service National Cooperative Soil Survey Page 3 of 3 Dwellings With Basements-York County, Pennsylvania. (FOUGHT LAND) S 40° 6' 58" 40° 6' 45" N Map Scale: 1:1,860 if printed on A s¢e (8.5" x 11") sheet. ° i Meters ° N `~ n 0 15 30 60 90 n ,L\V Feet 0 50 100 200 300 U L3A Natural Resources Web Soil Survey 2/27/2011 ~~ Conservation Service National Cooperative Soil Survey Page 1 of 5 40° 6' 58" 40° 6' 45" N p N tt ~ ~ ti 7 1 m 'c ca >, c c N d a o ~ UZ -~ a O -~ 1}~ ~_ C~ m ~ ~O m ~- ~ -- m m L_ N C N D p Q O ~ O (fl ~ ~ L cy ~ a~ o ~ O ~ 3 c +-• N ~ ~ ~ U U~ ~~ ~ ~ N y O C C O L ~ ~ ~ (0 fn N O "- ~ = Y N Z ~ ~ ~ C ° U U U . ~ O (0 N~ O O x ~ ~ z ~ "' ~ ~_ ~' ~ ~ ~: L ~ ° ~ y , m °~ ~ ~ ~ Z cao > c- .c U G ~ r Q ~ ~ _ caa o NZ O ~ Q ~ Q c ~ N ~ ~ s ~ 3~ o~ C G a~ ~`1 O Q E ~ V •o (A NpZp ~ c ai O~ Q, O c ~ ~ ~ O OQ ~/ in Q ~. a v ~ O~ ~ ~ ~ ~ d 0 Q o ~ ~ m~ Qa~i O c ~' c 3 ~ o ~ ° ~ ~ c in ° ~ ~' ~ a> V' Z ° ~ u0i ' ° ~ ai a N ~s~ ~ o °~ ~ c U ° fl. a~ ~ ~ ~ ~-° o ~ i Q ~ V (~ ~ -Q -a -- ~ ~ a~ ~ CC ~ C ~ Q D. . ~ o ~ ` ~ ~ ~ °? ~ °> 3 . o~.r o Q ~_ .~ N c a .~ m Z Q' ~ .cn 0= ~- ~ O ~ o c . O N°~ ~ CO L_ ~ ~ E ~'~ ~ ~N ~ ~ ~ t- "O 'p ~ N to ~.. (0 , O~ ~+~ _ ~ ~ ' ~ ai o-ia ~ ~•~ ZQ ~ ~ ° ~ ~-° ~ ~ ~ a ~ o cn a~ ~ cn rn ~c a ~ aa~ ~ (A ~ o 'a ~, to a ° cam ~ ~-°o ~ ~ -~ o .... m~mE ~ ~ a ~ c°A ~ U IL--c°.. c°n cA ~ Imo- ° .~ o N .a (C v) y 0 ~ ~ m ~ 3 Z O V L ° ^ C = ~ ~ N L ~ ~ N ~ O ' O W 0 ~ Q O ~ ~ - y ~ N N to Vl u1 N f9 to (0 ~ ~ Q' ~ O ~ f0 d C 3+ f6 Q a+ C -- O ~ d ~ _ .~ ~ ' ~ F 0 + W r t ~O r ~ d ^ ~ C w a ~ F- ~~ 0 0 N N ti N N N ~ m Z ~ 'o ~ ~ ° ° ~ w - c`a '0 0 ~Q ~ O ~U ~a c 0 m Z ~_ N ~~ d ~ N 7 ~ O O N ._ ~ ~ ~ ~ ~ N ~ O ZV ~~ ~6 Dwellings With Basements-York County, Pennsylvania FOUGHT LAND Dwellings With Basements Dwellings With Basements- Summary by Map Unit.- York County, Pennsylvania Map unit Map unit name Rating Component name Rating reasons Acres in Percent of AOI symbol (percent) (numeric values) AOI EeD Edgemont Very limited Edgemont, very stony Slope (1.00) 5.5 85.8% channery loam, 8 (80%) to 25 percent slopes, very stony _ EeF Edgemont Very limited Edgemont, very stony Slope (1.00) 0.9 14.2% channery loam, (75%) 25 to 70 percent slopes, very stony Totals for Area of Interest 6.5 100.0% Dwellings With Basements:- Summary by Rating Vaiue Rating Acres in-AOI Percent of AOI Very limited 6.5 - 100.0% Totals for Area of Interest 6.5 100.0% U-~ Natural Resources Web Soil Survey 2/27/2011 Conservation Service National Cooperative Soil Survey Page 3 of 5 Dwellings With Basements-York County, Pennsylvania FOUGHT LANb Description Dwellings are single-family houses of three stories or less. For dwellings with basements, the foundation is assumed to consist of spread footing: of reinforced concrete built on undisturbed soil at a depth of about 7 feet. The ratings for dwellings are based on the soil properties that affect the capacity of the soil to support a load without movement and on the properties that affect excavation and construction costs. The properties that affect the lo<~d-supporting capacity include depth to a water table, ponding, flooding, subsidence, linear extensibility (shrink-swell potential), and compressibility. Compressibility is inferred from the Unified classification of the soil. The properties that affect 'the ease and amount of excavation include depth to a water table, ponding, flooding, slope, depth to bedrock or a cemented pan, hardness of bedrock or a cemented pan, and the amount and size of rock fragments. The ratings are both verbal and numerical. Rating class terms indicate the extent to which the soils are limited by all of the soil features that affect the specified use. "Not limited" indicates that the soil has features that are very favorable for the specified use. Good performance and very low maintenance can bE:, expected. "Somewhat limited" indicates that the soil has features that are moderately favorable for the specified use. The limitations can be overcome or minimized by special planning, design, or installation. Fair performance and moderate maintenance can be expected. "Very limited" indicates that the soil has one or more features that are unfavorable for the specified use. The limitations gf:nerally cannot be overcome without major soil reclamation, special design, or expensive installation procedures. Poor performance and high maintenance can be expected. Numerical ratings indicate the severity of individual limitations. The ratings are shown as decimal fractions ranging from 0.01 to 1.00. They indicate gradations between the point at which a soil feature has the greatest negative impact on the use (1.00) and the point at which the soil feature is not a limitation 1;0.00). The map unit components listed for each map unit in the accornpan~ying Summary by Map Unit table in Web Soil Survey or the Aggregation Report in Soil Data Viewer are determined by the aggregation method chosen. An aggregated rating class is shown for each map unit. The components listed for each map unit are only those that have the same rating class as listed for the map unit. The percent composition of each component in a particular map unit is presented to help the user better understand the percentage of each map unit that has the rating presented. Other components with different ratings may be present in each m<~p unit. The ratings for all components, regardless of the map unit aggregated rating, can be viewed by generating the equivalent report from the Soil Reports tab in Web Soil Survey or from the Soil Data Mart site. Onsite investigation may be needed to validate these interpretations and to confirm the identity of the soil ~~n a given site. Rating Options Aggregation Method: Dominant Condition Component Percent Cutoff.• None Specified USDA Natural Resources Web Soil Survey 2/27/2011 Conservation Service National Cooperative Soil Survey Page 4 of 5 Dwellings With Basements-York County, Pennsylvania FOUGHT LAND Tie-break Rule: Higher USDA Natural Resources Web Soil Survey 2/27/2011 ~~ Conservation Service National Cooperative Soil Survey Page 5 of 5 Septic System Sand Mound Bed or Trench (PA}-York County, Pennsylvania (FOUGHT LAND) 40° 6' 58" 40° 6' 45" N Map Scale: 1:1,860 if printed on A s¢e (8.5" x 11") sheet. Meters ~ ~ N ~ n 0 15 30 60 90 /`\v Feet 0 50 100 200 300 u~QA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 2/27/2011 Page 1 of 5 40° 6' 58" 40° 6' 45" - o N N V n ~ n (0 •C f0 T c c m a c 0 U Y O d ~ v Z U J °? _ H~ o ~ ~O m `-' -a c ° 0 v c a~i ~+ U d D a O ~ O O ~ N (p ~ ~ _ mot' o ~ ~ (III ~ O N 3 ~ `o ~ ~ U Z t6 ~ N C O •C L N ~ m V c6 N ~ UJ ~ ;~_ ~ ~ rn - ~ - ~ ° Z r, ~ ~ C O Oj O V ~ ~ _ O t0 to ~ O O X ~ ~ M ~, ~ ~ ~ rte= H ~ ~ N , Nz° z ~ '~ ~~~ Q ~ 3 ~ ~~a o y Z U Q ao c N ~ a~ ~°` w- ° .~ a~ O Q ~ r •oZ ~ Sao ~ cai rn a ~ = N y ~ o Q Q o ~ a a ~ z~ m~ m O V ° ° o ~ 3 ~ ~~N L o ~ ~~ $ ~ a ~~ - Z -° ~, ° ~ 'L m a~ a ~~g E O ~~ o c o U a E~ ~ cc ~ ~m ~ ~ ~ U ~ ~ ~ ~ ~ . Y L o ~ ~ ~ ~ O ~ a o. ~ ° N ~ ~ ~~, °~ , 3 ~, ~ ~ .~ Q ~ V ~ i ~ ~... .! Z~ fLQ .! 0= ~" fn O -."O.. O C .O O N O ~ ~ _ ~ ~ N ~ = 'O 'O ~ T to " " N ~ ~ O O ~ 7+ N ~ (!~ O j C ~ ~ ~ a c0 N - ~ ° ~ - ~ ~ L o- coo o c -°•°- o ~ ~Q ~> m N ~a ° ~ ~°~Za ~ a u°i uoi ai m ca o v~~ ~ ~ o n-~ ~ , ~ ~ - ~ j »r °~o-p~~ m ~ co E ~ ° ~ a ~ c~~U I~-s°-. inci ~ H v.~ o m a m (A y ~ o ~ ~ ~ 3 Z ~ N N ''' •~ ~ - N o C U "6 s ~ ~ N ^ C = ~ N ~ N O ' ~ ~ ~ O O W a a ~ ~, L _ o ~ N N N m y m ~ ~ ~ ~ o ~o a ~ ~ Q _ iq > > -p _ ~ O O ~ cn Z .-. c° 4i N ~- ~ U N N 3 O d (n ~ ~ ~ ~ ~ ~ Q ~"' m LL d ~ w c _ : _ ~ N ~ ~ ~ ~ ~ = ~ ~-' LL ~ c a _ l6 ;y ` Q O cn a° 3 F= ~~ 0 0 N N ti O N N a~ ~ O O N ~ '.~-. O ~ ~ ~ a ~U m c 0 Z d ~ ~~ a~ ~ ~y ~ ~ 0 c N ._ ~ ~ ~ y O N l~9 O Z V ~~ Septic System Sand Mound Bed or Trench (PA~York County, Pennsylvania FOUGHT LAND Septic System Sand Mound Bed or Trench (PA) Septic System Sand Mound Bed or Trench (PA)-Summary by Map. Unit -York County, Pennsylvania Map unit Map unit name Rating Component name Rating reasons Acres in .Percent of AOI symbol (percent) (numeric values) AOI EeD Edgemont Very limited Edgemont, very stony Too steep (1.00) 5.5 85.8% channery loam, 8 (80%) to 25 percent slopes, very stony _ EeF Edgemont Very limited Edgemont, very stony Too steep (1.00) 0.9 14.2% channery loam, (75%) 25 to 70 percent slopes, very stony Totals for Area of Interest 6.5 100.0% ,Septic System -Sand Mound Bed or Trench (PA)- Summary by Rating Va{ue Rating. 'Acres in Apl Percent of AOI Very limited 6.5 100.0% Totals for Area of Interest 6.5 100.0% USDA Natural Resources Web Soil Survey 2/27/2011 Conservation Service National Cooperative Soil Survey Page 3 of 5 Septic System Sand Mound Bed or Trench (PA}-York County, Pennsylvania FOUGHT LAND Description This is a system of pressurized lines that distribute effluent from a :>eptic tank into a mound with sand under aggregate. The mound is placed on top of the mineral soil surface. About 1 to 4 feet of sand could be placed on the mineral soil surface in a sand mound system. Only the part of the soils between depths of 0 and 20 inches is considered when the soils are rated. The soil properties and site features considered are those that affect absorption of the effluent and construction and maintenance of the system and those that may affect public health. These include depth to a water table, depth to bc;drock, content of rock fragments, flooding, slope, and saturated hydraulic conductivity (Ksat). Flooding is a serious problem because it can result in improper tre~~tment of the effluent and contamination of ground water or surface water. If Ksat is too fast or too slow, if the content of rock fragments is too high, or if the water table is too close to the surface, the effluent can contaminate the ground water. If this system is improperly installed on the steeper slopes, the effluent could flow along the surface of the soils. Additional grading may be needed in areas downslope from the system. The ratings are both verbal and numerical. Rating class terms indicate the extent to which the soils are limited by all of the soil features that affect thE; specified use. "Not limited" indicates that the soil has features that are very favor~~ble for the specified use. Good performance and very low maintenance can be expected. "Slightly limited" indicates that the soil has features that are favaral~le for the specified use. The limitations are minor and can be easily overcome. Good performance and low maintenance can be expected. "Moderately lirnited" indicates that the soil has features that are somewhat favorable for the speci~~fied use. The limitations can be overcome or minimized by special planning, design, or installation. Fair performance and moderate maintenance can be expected. "Very limited" indicates that the soil has one or more features that are unf~~vorable for the specified use. The limitations generally cannot be overcome without major soil reclamation, special design, or expensive installation procedures. F'oor performance and high maintenance can be expected. Numerical ratings indicate the severity of individual limitations. The ratings are shown as decimal fractions ranging from 0.01 to 1.00. They indicate gradations between the point at which a soil feature has the greatest negative impact on the use (1.00) and the point at which the soil feature is not a limitation (0.00). The map unit components listed for each map unit in the accompanying Summary by Map Unit table in Web Soil Survey or the Aggregation Report in Soil Data Viewer are determined by the aggregation method chosen, which is displayed on the report. An aggregated rating class is shown for each map unit. They components listed for each map unit are only those that have the same rating cl~~ss as listed for the map unit. The percent composition of each component in a part:icular map unit is presented to help the user better understand the percentage of Each map unit that has the rating presented. Other components with different ratings may be present in each m~sp unit. The ratings for all components, regardless of the map unit aggregated rating, can be viewed by generating the Selected Soil Interpretations report with this interpretation included from the Soil Reports tab in Web Soil Survey or from the Soil Data Mart USDA Natural Resources Web Soil Survey 2/27/2011 Conservation Service National Cooperative Soil Survey Page 4 of !~ Septic System Sand Mound Bed or Trench (PA)-York County, Pennsylvania FOUGHT LAND ` site. Onsite investigation may be needed to validate these interpret~~tions and to confirm the identity of the soil on a given site. Rating Options Aggregation Method; Dominant Condition Component Percent Cutoff.' None Specified Tie-break Rule; Higher UyDA Natural Resources Web Soil Survey 2/27/2011 "_ Conservation Service National Cooperative Soil Survey Page 5 of 5 Paths and Trails-York County, Pennsylvania (FOUGHT LAND) 40° 6' 58" 40° 6' 45" 0 N Map Scale: 1:1,860 'rf printed on As¢e (8.5" x 11")sheet. l v "v Meters ~ ~ N 0 15 30 60 90 n A Feet 0 50 100 200 300 USQA Natural Resources Web Soil Survey 2/27/2011 ^~----- Conservation Service National Cooperative Soil Survey Page 1 of 4 40° 6' 58" 40° 6' 45" 0 fV N d a ~ °n m 'c m >. c c a~ ~ _ ~~ ~g O U Y O C7 O N ~ 'O `.. H c m L_ (9 n. O Q O ~ O (0 ~ ~ ~ C ~ 0 t U p ~0 'p . N ..~ N N ~ O }; O ~ i U ) ~ N ~ N O O .C O ~ ' o Z ~ a m o v- ~ ~ O U w a i U d) N o c o E uJ ~ O O .- X ~ ~ ~ '- 2 ~ ~ fn ~ t0 ~ ~ O O O ~~w ~ i!') ~ L N L ~ , ~ ~ ~ ~~ ~ ~yy LL. Z (~ O > ~ V A N Q c0 o y Z U Q ~ ~ N ~ a~ s 'L ~ 3 m •~ a~ O ~ _Z cvi fl. ~ w ~ O Q o m ~ 3~ s ~ ~Q ° ~ ~~ aw ~ ° ~ o ~ n N E o ~ `o ~ ~ ~ ~ ~ N ~ Z c 'Q ~ . ~s~ ~~ c V,~ n. O ~ o y ~ •L E U c`0 ~ ~ 'p -i O O N 3 ` ~ ~ Q ~ v ~ ~J ~ °? N , } N 0~~. L O ,O C O ( 0 ~ Z~ N- N O O N O` O 00 In .C ''" ~. ~ N fn ~ :~ N +~ N cD ~ _~ N C O "d ~, O ~ ~ O~ O O fn ~ ~+ 'O Q O f0 L C d .Q ~ U ~ ~ O N O 'Q .~ Z Q f0 O .~ 'O ~ ~ ~ cn ~ ~~'a am ~ m .... o n~ co ~ ( Q ~ L H O N a~ O O O cn~U L O H~ O O cACq (B ~ N L H v.~ o O N a m ~ 0 m ~ Z ~ a~ ~ E 4 ~ ~ U 3 t rn W ^ O ~ ~ 'D °~ m 0 C = y 'O '9 ~ 0 0 W Q O n ~ s ~ ~ ~ v co y m w C ~ ~ y ~ ~ ~ A f.~ y d ~ Q O (~ y O O 01 ~ (A C O Z O ~ Z ~ U ~ U .O`+ C t0 3 O (n ~ ~' +O' (A f0 O ~ ~ ~ J Q ~ w O '~+ ~ ~ ^ ~ LL ~ V ~ ~ O ~i a s ~ ~ y Q fn G. ~ F- r d' O O N N N ~ a~ Z ~ 'o Z ~ ~ o ~ ~ - m .o ~~ O_ U f0 C O m Z d _V N •~ ~~ O = y O ~ ~ ~ ~ 7 y ~ O ZV ol` Paths and Trails-York County, Pennsylvania FOUGHT LAND Paths and Trails Paths and Trails- Summary by Map Unit--York County, Pennsylvania Map unit Map unit name Rating Component name Rating reasons Acres in Percent of AOI symbol (percent) (numeric values) AOI EeD Edgemont Somewhat limited Edgemont, very stony Large stones 5.5 85.8% channery loam, 8 (80%) content (0.53) to 25 percent Slope (0.50) slopes, very stony EeF Edgemont Very limited Edgemont, very stony Slope (1.00) 0.9 14.2% channery loam, (75%) 25 to 70 percent Large stones slopes, very content (0.53) stony Totals for Area of Interest 6.5 100.0% Paths and Trails- Summary by Rating Value Rating Acres in AOI Percent' of AOI Somewhat limited 5.5 85.8% Very limited 0.9 14.2% Totals for Area of Interest 6.5 100.0% USDA Natural Resources Web Soil Survey 2/27/2011 ~ Conservation Service National Cooperative Soil Survey Page 3 of 4 Paths and Trails-York County, Pennsylvania FOUGHT LAND Description Paths and trails for hiking and horseback riding should require little or no slope modification through cutting and filling. The ratings are based on the soil properties that affect trafficability and erodibility. These properties are stoniness, depth to a water table, ponding, flooding, slope, and texture of the surface layer. The ratings are both verbal and numerical. Rating class terms indicate the extent to which the soils are limited by all of the soil features that affect thE; specified use. "Not limited" indicates that the soil has features that are very favor~3ble for the specified use. Good performance and very low maintenance can be expected. "Somewhat limited" indicates that the soil has features that are moderately favorable for the specified use. The limitations can be overcome or' minimized by special planning, design, or installation. Fair performance and moderate maintenance can be expected. "Very limited" indicates that the soil has one or more features that are unfavorable for the specified use. The limitations generally cannot be overcome without major soil reclamation, special design, or expensive installation procedures. Poor performance and high maintenance can be expected. Numerical ratings indicate the severity of individual limitations. The ratings are shown as decimal fractions ranging from 0.01 to 1.00. They indicate gradations between the point at which a soil feature has the greatest negative impact on the use (1.00) and the point at which the soil feature is not a limitation (0.00). The map unit components listed for each map unit in the accompanying Summary by Map Unit table in Web Soil Survey or the Aggregation Report in Soil Data Viewer are determined by the aggregation method chosen. An aggregated rating class is shown for each map unit. The components listed for each map unit. are only those that have the same rating class as listed for the map unit. The percE;nt composition of each component in a particular map unit is presented to help they user better understand the percentage of each map unit that has the rating prE~sented. Other components with different ratings may be present in each m~~p unit. The ratings for all components, regardless of the map unit aggregated rating, can be viewed by generating the equivalent report from the Soil Reports t~rb in Web Soil Survey or from the Soil Data Mart site. Onsite investigation may bey needed to validate these interpretations and to confirm the identity of the soil ~~n a given site. Rating Options Aggregation Method: Dominant Condition Component Percent Cutoff.• None Specified Tie-break Rule: Higher Natural Resources Web Soil Survey 2/27/2011 '~ Conservation Service National Cooperative Soil Survey Page 4 of 4 ~, ~. U $~~ ., c~ :, -. ~, ,. ~~ ., :,, ,, , . -.. ' ~ ~1. ..,~ -! r 4.. _ •~ * ~'~ ` 1 S S ' ,,~ U~~1 ~,~ ~ ,, ~.. `. f r .. ,. ti ~. -`~. ~ °' M ~L ~ ~ ''~~ ~lUSt~ ~.~ fli~~1:~ .N~ '\ tiK ~' ~, ~ ~ '~ .~",. ~~ ~ r` ti 4 ~ }h, _~ v off f "r, YL. '" a t ~ %. f ~+ 'e, `~ s ` QQ~87~. '2 ~i 3 r~ ~''"f s ~« ,,, ~, ~~ ~~ ~ ~ ~ ~, ~ ~ ~` ~ "~" ~ ~, ~ `~ ' ;, ~ ~ ~ ~ ' ,~ dry ; i ~" Mom„ ~ ~ ~ ~~ ~ ~' ~~,,"~ ~ ,:..,,.,,,;,~.~" P ~.._.-..,.- ~ ~...._,_. ,..a` Jam, ` i ~ ° ~'~ ~ ,,.°~ ~~.' 'V, ~ ~ VV~' `..~ ~y ~} f I i. t ,_ i ` _,-~-"° 1 ~ 1l t1~ ` L~% k! ,,,.~" ,,r ~ ~~ '~ ' ~ ~ rte"" ~ W~~"I t~. 1 ~~ ~; ~ ~, .,,~ ,~ e" 4p ~ Scaf~ 1 inch = 400 feet ------ - Road Nlunicipallties Rai:! 10Q yr Ficodplain Parcels ~_______ Easements} ~[~ ~ai[s} Ma s arc not ~i a~Yi actual sum .,, ._ Parcel Key: ~a000880a87'Ft?Gtt~~3~~ ~~ - 'o ~ ~ ~ r~cu W ~.c~E O W y~ov,°w' N ~ fl.~OCti ,~~ a..t ~ V is .d ~ ~ o ~ W ~ c •- ~ _ c Z `~' w r yc ~ V m ~+'y ~ 7 Z O _ ~ r`~`41 ~ ~E W W cd ~~~~o m RS ~ ~ r (~ ~ 1+~1 ~ ~ ~ ~ryN ~ C4 W C" cd ~ tao N c ~ T ~ ~ l0 " O ~s ~ J ~ 'd e- p ~~~_ ~ w ~ E E~ a .J ~ ~ O ~ p LL O O ~ ~ o ~,y~,'~' N~y iy O ~ .~ ~ Q a z ~'J ~ ~ o i ~ ~ ~ E ~^ ~ ~~,W c ~ r"i. ~ m ~ y WT R COL ow ~ ir~rr H ~ o ~ E o C Q ~~ ~ ~ ~ ~ Z W ~ ~ ,~ ~ ~ E fji >. LL t ~ V LL. ~ R~I Q w E Q v- qq ~ ~ Wr ~ ~ LL sue, ~ $ U m~ m O. 0 ~ w W 0 ca3y~E Li. I~ ~i ~ ~ o (~ C t`~pY~ C Q m«coE ~ N ~ °' E~ m z ~ ~ ova L£LO ~~Ntld SNli~f Seale 1 inch = 4t3Q feet ~ ~11uni~~p~ali~i~~ F~aii ,~ ~ Q4 err Fio~~~la~in Parcel ~___---- Eas~rnent~) ~~~ Sons) ~~ S ai'~ Ilat ~1'0>E11 e~C~i111 StI2'V Parcel Key: 24000UBOD87FaQ84~D .._.~,,,. f, ~~ I „~ ~~ f m _.: Z H C~ O ~- ~ ~ U 2 a C~ O a O H w m a~~o~ ~ ~ ~ ~o~~ ~~a~ ~afON ~ ~~E_ co v, ~^'o o_ a~ ;v ~ ~ M ~fO~c d' m n~.y s~ y~ N~ ~Eo,,c C=Cn. ~N 01y v1 (6 2 ~--I ~~ U C (J'/ M O ~ ~ IJJ C t> II ` ~Eoaz ~ h ~~ ~ Es .C N aaE o 0 _u,'o ~ •- O fd i'' iL.+ _~ o ~ O,~NO10 °°>_o .-+ ~ c o.acy ~ C O~ o,~o~~ n rv ~ a a~ ,~ o ~ 8 ~. a.~ c41E~c~ ~~ o rv ~ a~ ~ ~ ~'~o ~ : r ~ ~ .c c c •- > ~U H-v~oE~a 0 ~ ~ .~ N M y ~ R C~ ea U O •a ~ O ~ U ~ ~ a a CC '8 ~ ~ :~ .~.~ fin H ~u w ?~ ~'v'.'e ~0 ~ Article 2 Zone Regulations Section 201 Agricultural -Conservation Zone (AC} A. Purpose The primary purpose of the Agricultural-Conservation ~~one is to preserve rural resource areas of Township by providing for very low-d~~ensity development. Extension of existing public sewer and existing water fa.ciliti.es is contrary to this purpose and is therefore prohibited within this ZonE;. B. Permitted Uses (Subject to the requirements listed in Articles 3 and 4 of this Ordinance.) l . Agriculture (excluding intensive animal operations), horticulture and } forestry uses; 2. Communication antennas on existing structures; 3. Essential Services; 4. Greenhouses and nurseries; 5. Kennel; 6. Municipal use; 7. No-impact home based business; • 8. Public parks and playgrounds; 9. Public utilities structures, with the exception of community/public sewer and water plants and lines; 10. Roadside stands; 11. Single-family detached dwellings, however, tracts of six (6) acres or more inay be developed as a residential conservation sul~division in accordance with this Ordinance and Article 12 of the SALDO; and Article 2.doc 2 - 1 Adopted: 9/27/06 Amended: 12/14/09 12. Accessory uses customarily incidental to the above permitted uses, including, but not limited to, the following: a. Family day-care facilities, as defined herein; b. Manure storage facilities as an accessory use; to a farm, provided that construction and subsequent operation of the waste storage facility shall be in accordance wit11 all applicable St<~te and Federal regulations, and provided that said manure v~~as produced on the premises; c. Processing of farm products; d. Roadside stands, as an accessory use to a faun, for the sale of agricultural products grown on the premises„ provided any such building does not exceed 1,000 square feet in floor area, and must be located more than ten feet (10'} from the front street rightWof way line and must have adequate off street parkif7g and a driveway meeting rninimurn sight distance regpiremer.~ts. Also, a maximum: of two (2) signs will be permitted and shall not exceed fifteen (15) square feet in total. area, nor exceed a m~a~irr-urn height of eight feet (8'). J e. Open Space Land -Open space comprising a portion of residential development. f. Noncommercial keeping of livestock, subject to the following criteria: (1) The following list specifies the maximum number of animals that ma be ke t. The kee in of a combination of animal y p p g types (Group 1, 2 and 3} shall require an animal density equal j to the ratio of the number of animals, ley type. i. Group 1 -Animals (excluding fish) whose average adult weight is less than ten (10) pounds, but more than 12 ounces shall be permitted at an animal density of twelve (12) per acre, with a maximum number of fifty (50) animals per property; ii. Group 2 -Animals whose average adult weight is between ten (10) and eighty-five (85) pounds shall be permitted at an animal density of two (3) per acre, with a maximum number of twenty (20) animals per property; and, Article 2.doc 2 - 2 Adopted: 9/27/06 Amended: 12/14/09 iii. Group 3 -Animals whose average adult weight is greater than eighty-five (85) pounds sha]'.l be permitted at an animal density of one (1) per acre, with a maximum number often (10) animals. i '~ (2) The following lists minimum setbacks (from all property lines) imposed upon the placement of any structure used to house noncommercial livestock. Should one structure be used to house a combination of animal types, the most restrictive setback shall apply. 1 i. Group 1 Animals ~ A. IJp to 4 animals, twenty-five foot (~,5') setback; B. 1Vlore than 4 animals, a fifth, foot (50'} setback; ii. Group 2 Animals A. Up to 2 animals; a twenty-five foot (25') setback; B. More than 2 animals; a fift~~ foot (50') setback. ~ 111. Group 3 Animals A. Up to two animals; a fifty fi7ot (50' setback). B. More than 2 animals; a seventy-eve foot (75') 1 setback. (3) All structures used to house noncornmf;rcial livestock shall be prohibited from placement between thE; front of the principal building (as determined by the Zoning Officer} and the street or access right-of way; I (4} All animal wastes shall be properly stored and disposed of and setback 50 feet minimum from property lines, so as not to be 3 ~ objectionable at the site's property line. All animals, their ~ housing, and their outdoor pasture/recreation areas shall be properly maintained so as not to become a nuisance to ~ adjoining properties. C. Special Exception Uses (Subject to the requirements li:>ted in Articles 3 and 4 of this Ordinance.) 1. Animal hospitals and kennels; 2. Bed and breakfasts; Article 2.doc 2 - 3 Adopted: 9/27/06 Amended: 12/14/09 3. Campgrounds; 4. Cemeteries; 5. Group :Homes; 6. Home occupations; 7. Horne occupation in accessory structure; 8. Private clubs; 9. Riding stables; 10. Shooting range, outdoor; and 11. Wind energy conversion systems D. Conditional Uses (Subject to the requirements listed in Articles 3 and 4 of this Ordinance.) 1. Airports/heliports; ~~ 2. Churches and related uses; 3. Golf courses and driving ranges; 4. Intensive animal operations; 5. Sawmills; 6. Schools, private and public; 7. Sewer and water treatment facilities, (community systems); 8. Stockyards and feedlots; 9. Quarry and-other extractive related uses; 10. Waste handling facilities, principal; and 11. Accessory uses customarily incidental to the above conditional uses. E. Minimum Lot Area Requirements Unless otherwise specified, all. uses within. this Zone shall contain a minimum lot area of two (2) acres; however, the minimum required lot size maybe required to be increased to accommodate an on-lot sewage disposal site as Article 2.doc 2 - 4 Adopted: 9/27/06 Amended: 12/14/09 determined by the PA DEP, as well as an alternate site as required by Article 3 of this Ordinance. F. Maximum Permitted Height 1. Principal buildings and structures -Thirty-five feet (35'). 2. Accessory buildings and structures. -- Twenty-five feet (25'). Municipal uses are exempt from height requirements. G. Driveways and Access Drives All. driveways serving single-family dwellings shall be in accordance with Article 4 of this Ordinance. All access drives serving other uses shall be in accordance with Article 4 of this Ordinance. H. Agricultural Nuisance Disclaimer All lands within or abutting the Rural Agricultural Zone are located within an. area where land may be used for commercial agricultural production. Owners, residents, and other users of. this property may be suhje~~ted to inconvenience, discomfort, and the passibility of injury to property and. health arising from normal and accepted agricultural .practices and operations including but not limited to raise, odors, dust, the operation of rnachiner3r of any kind including aircraft, the storage anal disposal of manure, the application of fertilisers, soil amendments, herbicides, and pesticides. Owners, occupants, and users of this property should be prepared to accept such incanveruences, discomfort, and possibility of injury from normal agricultural operation;, and are hereby put on off cial notice that Section 4 of the Pennsylvania Act 1 ~S3 of 1982 The Right to Farm Law may bar them from obtaining a legal judgment against such normal agricultural operations. I. Agricultural Setback Requirement In addition to such buffering and screening required elsewhere in this Ordinance, no residential structures shall be placed within one-hundred feet (100') of any land used for the commercial raising and keeping of animals. And, no structures shall be erected or used for the commercial raising and keeping of animals within one-hundred feet (l 00') of a residential lot. J. Storm Water All agricultural, horticultural, and forestry uses shall be conducted so as to minimize the conveyance of storm water off the site, and shall include conservation measures to minimize sediment leaving the site. Article 2.doc 2 - 5 Adopted: 9/27/06 Amended: 12/14/09 K. Table of Dimensional Requirements -Agricultural Conservation Zone Minimum Lot Width Required Setbacks At Minimum At street right- Maximum Each Minimlun Required of- Lot Front Side Rear Buildin T e Lot Area Building Line wa Covera e Setback 3 Setback Setback Single-family 2 acres ~ 200 ft 110 ft 15% 50 ft 30 ft 50 ft detached dwelling Accessory Buildings and Structures a N/A N/A N/A Included in a above 100 ft 10 ft l.0 ft ' The minimum required lot size may be required to be increased to accommodate an on-lot sewage disposal site as determined by the PA DEP, as well as an alternate site as required by Article 4 of this Ordinance. ` No accessory building and structure (except a permitted sign) shall be located within. the front yard, unless it is set back at least one hundred feet (100) from the street right-of--way. s Buildings (including residential and nonresidential buildings} along major thoroughfares must be set back at least fifty feet (50') from the right-of--way line of such thoroughfare. Major thoroughfares shall be any arterial, major collector, or minor collector street as specified in the Northern York County Regional Comprehensive Plan or other Township Ordinance. ~ Up to 200 square feet. Over 200 square feet must meet the principal building setback. Article 2.doc 2 - 6 Adopted: 9/27/06 Amended: 12/14/09 BALKOVIC LAND ~ , ., ~ ~:..:..: ..:., .V...~. aeeme ~ ..,.. __ - Re~on hrt ..- .,,: ~ ~ ._ x. ~~ ~ t~~~ ~ Dr Cr N~~ L~.^, ~e~ i $u(IInK-.- _.. _ L { i _- ~~~~4}: ~h f11~Y711Y AYE ~,. ~ -. '1 ; ~~~k `e} afar ~.... ,... ~ `S ~4 M.1fEF1BJ ry { ~ ~ ~ ~ r ~ y'. 7GBSi00W s { ~_ `~ ",~- 0~'.O~ fdrviwr/irk ......... - R r , S~ {,` ,. . n, yk :. '., _. .. ' „.F~"rt~ ~ '«. fA,VW,`,r~fh~ .~ .. .. „s 't 7~F klatr ~'~" _,,.. -. -„w.. .„..~ ~ ~ . _. ,. ~.,~ 1 ., _~,.,...~__.~.~ <..,„~, ..R tY ~ o~ ,: ~ ; , ° - 4 (% ei r ~ _ .~ .~~. .. ' l90 ~ t ~~ ti~ 3 ? !„ ~~,.^' '~ ~~ .~u."-~'„~,'~ ', WW's,., ` ~".~ t r .<~ ,. -°~ ~ . ,,, yy~. GRANTEE: JAMES AND LINDA M. BALKOVIC GRANTOR: MARGARET L. LEICHT PARCEL #: 27-RG-12B DEED: 1970-7177 COUNTY: YORK TOWNSHIP: FAIRVIEW DATE OF SALE: 06/05/2008 SALES PRICE: $42,500 ACREAGE 8.50 ACRES LAND VALUE: $42,500 ($5,000 /AC) BUILDING VALUE: $0 R:~~~, . Scare 1 inch = 666.66666666-66666 feet - -- Road Municipalities Rai! ~ 4Q yr Floodplain Parcel ~~,_~..~_ Eas~m~nt~~ ~~.~ ~cai ls} 11-'.~a~s are ix4t fiQ~n ~c~.~al survey Parcel Key: Z7~OQRGt7012B0000a© LLOYD LAND GRANTEE: ROANALD R. LLOYD GRANTOR: HOLBERT G. AND LYNDA MYERS PARCEL #: 07-14-0154-002 DEED: 200905088 COUNTY: CUMBERLAND TOWNSHIP: COOKE DATE OF SALE: 02/19/2009 SALES PRICE: $45,000 ACREAGE 7.50 ACRES LAND VALUE: $45,000 ($6,000 /AC) BUILDING VALUE: $0 Map Map Page 1 of 1 http://ccgis.ccpa.net/aspnet_client/ESRI/WebADF/PrintTaskLayoutTemplatf;s/default.htm 2/16/2011 2010 Parcels 2010 Parcels STIDFOLE LAND -- gyp?,( .~_..... ~ ._.. _., ... ', - ' iI.~NNl~rf7;. ,; , . __. G ~ ~ ~ BAs i ~ ~ .. - ,, ..._ _ . ate' ~a _._..__ g '~, u ; . ~_ ~, space wa 'xa ~~ ~ ~ +ni~exw ~us.3ara / ..,., ~~ : rR; t _. -.w ~..:._~ _. : r ~,.. ~~ ~ GRANTEE: JOHN B. STIDFOLE GRANTOR: HELEN M. REINHART PARCEL #: 49-0E-17B DEED: 2068-2393 COUNTY: YORK TOWNSHIP: WARRINGTON DATE OF SALE: 06/27/2009 SALES PRICE: $24,000 ACREAGE 6.31 ACRES LAND VALUE: $24,000 ($3,803 /AC) BUILDING VALUE: $0 i Scale 1 inch = 4t~0 feet Rca~i ~ l~riurticipalitie~ Rail 1 ~~ yr FiQOdplain Parcels ~------_~ Eas~nr~~n#~} ~~~ ~aits~ TVI~ s ~t'~e not fro~~- acti.~al si~-v~ Parcel Key: ~~o©o0EO0178000000 .m B ETZ LAN D ... • -- .... _. ,, ~ . ~ ~ „~, ~ , ~, ~ ' '~ ~. ~° o ~ ~ ,Y ~. ',e M ~` n ~z tw o ,T .u ~ ~~ , ~ "YM~ , ti ' ~,~et '~' fia^ 'lid ~ ~ ~m .... - - ~` ~ ....~} - o -,... .. .._..... ..~.... .+' ~q,,` ._'' ,' d~ ~3P' '~ l.~rors _..,_..,.,,..,~ t .. ,. GRANTEE: MELINDA S. AND JAMES BETZ GRANTOR: ANDREW E. MURRAY LIVING TRUS~i^ PARCEL #: 29-NB-85C DEED: 2035-6354 COUNTY: YORK TOWNSHIP: FRANKLIN DATE OF SALE: 07/29/2009 SALES PRICE: $42,500 ACREAGE 6.19 ACRES LAND VALUE: $42,500 ($6,866 /AC) BUILDING VALUE: $0 ~ . yam- , Scale 1 inch = 400 feet -- RQa~ _~ ~~~ticipalites Rai! ~ QO ~r F1QCdplain Parcels 1VIa s ~ ~ not f~.-oin ~c~tial stu-~ Parcei Key: 29000NBOa85~0UCfQ0~D FLEMING LAND a i GRANTEE: MICAELA FLEMING & RONALD GROSS GRANTOR: RUBY A. RUTH PARCEL #: 33-FE-227 DEED: 2085-8841 COUNTY: YORK TOWNSHIP: JACKSON DATE OF SALE: 07/28/2010 SALES PRICE: $25,000 ACREAGE 4.79 ACRES LAND VALUE: $25,000 ($5,219 /AC) BUILDING VALUE: $0 State 1 inch = 200 feet ---- RQa~ Municipalities Rani ~ ~Q yr Flo~dpfain Parcels ~ ~~~ ~~~ ~ ~~~ ~C~:ll~l SilY4'0 Parcel Key: 33000FE02270000000 ,Y .. ,... , .. r ~, BRIAN D. PEDRICK, IFAA PA State Certified General Appraiser, License # GA-001200E FORMAL EDUCATION: The Pennsylvania State University, University Park, PA 16802. Received a Bachelor of Science degree in General Agriculture in 1982. National Association of Independent Fee Appraisers Inc. Principles of Farm, Ranch and Rural Appraising - 19~~6 Advanced Farm, Ranch and Rural Appraising - 1996 Capitalization Rates, Discount Rates and Ratios - 1996 Uniform Standards of Professional Appraisal Practice - 1997, 2000, 2003, 2005 Pennsylvania Real Estate Appraiser Law and Regulations - 2000, 2002, 2004 Litigation Valuation - 2001 American Society of Farm Managers and Rural Appraisers Conservation Easement Valuations & Case Studies - :2006 Appraisal Institute Partial Interest Valuation -Undivided - 2000 Uniform Appraisal Standards for Federal Land Acquisitions - 2004 Valuation of Conservation Easements - 2008 Assessors' Association of Pennsylvania Fundamentals of Real Estate Appraisal - 1993 Site and Market Analysis - 1993 Cost Approach to Value - 1993 Income Approach to Value - 1993 Appraisal Standards and Ethics - 1995, 1997 Pennsylvania Real Estate Law and Regulations, 1999 Berks Real Estate Institute Real Estate Tax and Investment, 1998 Pennsylvania Realtors Institute Appraisal Standards and Ethics - 1993 Narrative Report Writing - 1993 Introduction to Commercial Appraisals - 1993 Institute of Real Estate Studies Real Estate Law - 1993 Real Estate Investment - 1995 Real Estate Finance - 1995 Residential Construction - 1996 Property Management - 1997 Lee and Grant Company Appraising Historic Properties - 1995 Environmental Hazards - 1995 Eminent Domain - 1995 Appraisal Standards and Ethics - 1995 McKissock Data Systems Real Estate Fraud - 2001 Expert Witness Testimony - 2001 USPAP - 2007, 2009 Pennsylvania State University Agricultural Engineering Workshop -Dairy Housing - 2002 Forest Steward's Program - 40 hours - 2008 Received credit for 21 undergraduate business courses from area universities, 1985-1988. PROFESSIONAL EXPERIENCE: Agrarian Associates, Inc.: President and PA State Certified General ,Appraiser, 1995 to present. Responsible for the administration of appraisal services for the south-central Pennsylvania area. Agrarian Associates Inc. is an appraisal company that specializes in P;eal Estate appraisal of agricultural properties, including Market Values, Agricultural-Use V~~lues, Property Tax Assessment Appeals and Conservation Easement Valuations. USDA Farmers Home Administration: 1983-1993. County Supervi;cor in Lancaster, Berks.and Schuylkill Counties. Responsible for the administration of a variety of Agricultural and Residential loan and grant programs including all aspects of loan malting and servicing. Duties included appraisals of farms, residential properties and chattels and providing management and technical advice to borrowers as well as the management of the county office. Caseload included 150 farm accounts and 600 housing accounts. Certification, Designations and Memberships: Pa. State Certified General Appraiser. General Certification # GA-0(11200-L. Senior Agricultural Designation -National Association of Independe~Zt Fee Appraisers (HAIFA). Master Planner Class -Lancaster County Planning Commission - Spr7ng 2002 Member of the Assessors' Association of Pennsylvania (AAP). North Cornwall Township Agricultural Preservation Board Member Member of the Lebanon County & Pennsylvania Builders Association Past President, Mount Gretna Snowmobile Volunteers Member SAMPLE ASSIGNMENTS (Agrarian Associates Inc.): 2,500-sow farrow to feeder complexes 1,400,000-bird layer operation Severa1500+cow dairy facilities 2,800-sow farrow through wean facilities Sew pig nurseries Wean through finish hog facilities 48-unit subsidized elderly housing complex 48-unit subsidized housing complex 100,000 bird/year feather bird complex (fly fishing lures) Over 50,000 Acres of Land for Agricultural and Conservation Easement Purposes ACCOMPLISHMENTS (FmHAI: County Office of the Year, 1991. County Supervisor of the Year, 1989. Runner-up County Office of the Year, 1985. Most active office in Pennsylvania based on loan volume, 1991 and 1992. Only office in Pennsylvania to implement the Guaranteed Rural Housing Loan Program(1992). Among the lowest farm and housing program delinquencies in Penns/lvania. Eliminated 25 collection farm accounts while covering Berks/Schuyllill Counties. I ACCOMPLISHMENTS (Agrarian Associates Inc.): ~ Real Estate Appraisals of 250-350 agricultural properties per year. Approved appraiser by most of the agricultural lenders throughout central and south-central Pennsylvania. Counties serviced include; Adams, Bedford, Berks, Blair, Bradford, (:ambria, Centre, Chester, Clinton, Columbia, Cumberland, Dauphin, Franklin, Fulton, Huntington, Juniata, Lackawanna, Lancaster, Lebanon, Lycoming, Mifflin, Monroe, Montgomery, Northampton, Northumberland, ~ Perry, Schuylkill, Snyder, Somerset, Susquehanna, Union, Wayne and York. OFFICE: Agrarian Associates,, Inc. 327 Cumberland Street, 1st Floor Lebanon, PA 17042 (717) 228-1510 -telephone (717) 228-1512 -fax agrarian@verizon.net - e-mail l~ ANGELA M. WRIGHT FORMAL EDUCATION: Assessors' Association of Pennsylvania Site and Market Analysis - 2006 Cost Approach to Value - 2006 Income Approach to Value - 2006 The Maryland Association of Appraisers, Inc. Appraising The Farm - 2005 Institute of Real Estate Studies Real Estate Law - 2004 Advanced Income Property - 2004 Basic Income Property - 2004 Residential Valuation Using Cost and Income Approaches - 2003 National Uniform Standards of Professional Appraisal Practice - 2003 McKissock Data Systems Environmental Issues For Appraisers- 2009 Appraising Factory Built Housing- 2009 Construction Detail and Trends - 2009 USPAP - 2009 American Society of Farm Managers and Rural Appraisers Oil, Gas and Mineral Appraisals - 2010 PROFESSIONAL EXPERIENCE: Pennsylvania State Certified General Appraiser - 2007 Licence # GA003562 -Expires 2011 Agrarian Associates, Inc.: 2003 -Present Fee Appraiser. Experience includes the appraisal of Agricultural properties located in Pennsylvania. Appraisal service areas reach 32 Pennsylvania Counties and include Counties located in the Lehigh and Susquehanna Valleys, Northeastern, North CE;ntral, South Central, and Southwestern Pennsylvania. Experience includes the research, collection, verification, analysis, and reporting of data utilizing local government offices, which include Assessment, Recorder of Deeds, Mapping and GIS, and local Zoning officials. Verification of data collected is conducted through government records, site visits of subject and comparable prop~~rties, and speaking with buyers, sellers, brokers, and auctioneers. Estimates of Value are arrivect at through the analysis of data collected and are based off the development of the three approaches to value; the market, cost, and income approaches. Reports are prepared in a narrative forrn;~t. OFFICE: Agrarian Associates, Inc. 327 Cumberland Street, 1St Floor Lebanon, PA 17042 (717) 228-1510 -telephone (717) 228-1512 -fax agrarian@verizon.net - e-mail '~ `. ~ . :: w ~" '~ ~ ; ~ ++ C~ Q a.+ ;. a '`'` r/~ . 3r•i .~~ `~ '- P ~ V I arr . ~~ ~. r ••• ' eel S ~+ ~ y~"~ ~ i~~ 3 t. ~ '' ~ c ~ ',: ` a ' i ~ ~ ~ t ~ 4 ~'~ /~ ': ~[~ H' } t M. 'wrr ~° ~ ,HV ~ „yG . ~ 4. € ~~ ~Zrrt ~ ^N W . Y~ ~~ ~.~~'~~~ ~ ~- ~y ~'~ a ,. ~ ..,. ~`' ,~1 ~ ' ~~~ ~~~~ x"rossz~ r ~ '~' , aa ~~u~ ~q j~~l I,~.,i a f~f~ ~ yi+il ~i+ ~i/ •r ~ r.. err ~W :.. ~.ir~y ` ee W ~. -~ ~ ~ _~ i 1~. "~ ~.? L.7 t!! ~ ~ ~ ~~ 1 1 '.~ ' '~ ~ ~ ~ ~, ~ ~ ~ ..r :; hr v.+ ~ ~+ ~ CC ~ t L ,•.r, ,~ ~ " cv ~~; . w (,~'; ~} :~ L?~ :ate ';' : - ~ ; .r ,. 1 i ;: , : . , . C ~:' . ~; . W . . , + y n ~ - ~ ,,.yna~' _y ,~ ~ ~~ }},~ .' \.j ' f'.~M'` p ~ ~ , .... ~'. -+.~ ~?. ~ A ~, ate C~ ~. UCH ~ ~ ". =~ 1. o , ~' ~~` r t-- . G r a N ~ Q :, o C~,1 ~} cs ~ ~ ~~ ~ a ~ ~ .:; ~ cv M v ~ ~.. ~;: w ;.; t~ .,~ ~.,,,r .. ,,., ~ ,:; ^.- cr er '~ ~ ;; ~ `~., . ,;, ecc a u ~- I ~ 1- C W t ~_ ''I~./~~`yy ~~ ~. ~w. •tiMF ~ ,~ L r i ~ ~.. ~~ /~f M ~i ~y i I f ~ :.~ ~ iii/ ~ ,., ~ W h w ` ,fir ' +~,~ ~, v s ., ~` ~J°' f",~e'd,t , . , '~ y ~ r X11 1 ~~ .y My ~r ,~..'~W: ~ ~~iavrav sue" W ^^~'' ;~ W ..~R~ W - s /1, ~ •! . ~ql r.ii `/LTV ~. C'W . ~.... t'~! ~ ~ ~ ~ ~ ~ ~ U` t1 ~ °~ ~ y , :v ~ ~ j ~ r ~ ~,,. ~ 4 ~ '~ ~ '~ (~ '"~ ~ U <t ~ t ~, ti b ~L ~i u :! L! O ~'~~~ ,L •v I, - U ~° c ~„) Rev-1508 FJ(+ {6-98) SCHEDULE E GASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Fought, Jay W. 21-11-0109 Include the proceeds of litigation and the date the proceeds were received by the estate. Afl property jointly-owned with the right of survivorship must be disclosed on schedule F. ITEM NUMBER DESCRIPTION VALUE AT DATE OF DEATH 1 CNL Hotel & Resource, Inc. -Class action proceeds 20.29 2 Hempt Brothers -Final paycheck 307.56 3 PNC Bank -Checking Account No. 5003115527. Date of death balance $83,099.76; accrued 83,100.67 interest $0.91 -See attached date of death valuation letter 4 Corn Crop -Proceeds from sale of corn crop to Hempt Brothers -See attached rE:ceipt 35,518.20 5 Farm Equipment and Vehicles -Sold at auction -See attached receipt 77,316.00 6 Hogs -Proceeds from sale of hogs to J. L. Miller & Sons -See attached receipt 609.60 7 Hogs -Proceeds from sale of hogs to J. L. Miller & Sons -See attached receipt 659.95 8 Hogs -Proceeds from sale of hogs to J. L. Miller & Sons -See attached receipt 783.90 9 Hogs -Proceeds from sate of hogs to J. L. Miller & Sons -See attached receipt 702.00 10 Personal Property -Personal property from 978 Park Place, Mechanicsburg, Pennsylvania - 20,082.00 Sold at Auction -See attached receipt 11 Prepaid Seed Corn -Proceeds from sale of prepaid seed corn to G. Lee Souder -• See 3,570.42 attached receipt 12 Soybean Crop -Proceeds for sale of soybean crop to Wheatland Enterprise 4,797.30 13 AAA Central Penn -Subscription refund 62.50 14 AARP -Refund 21.32 15 Angus Journal -Subscription refund 50.00 I Total of Continuation Schedule See attached page TOTAL (Also enter on Line 5, Recapitl:alation) 228,273.40 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-'[500 Schedule E (Rev. 6-g Rev-1508 EX+ (6-98) SCHEDULE E y CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN continued RESIDENT DECEDENT ESTATE OF FILE NUMBER Fought, Jay W. 21-11-0109 ITEM NUMBER DESCRIPTION VALUE AT DATE OF DEATH 16 Dillsburg Banner -Subscription refund 11.50 17 Elizabethtown Insurance Company -Refund of portion of insurance premium 386.00 18 Farm Show -Subscription refund 7.30 19 Lancaster Farming -Subscription refund 8.48 20 Met Ed -Refund of portion of final utility bill 19.87 21 Nationwide Insurance -Refund of yearly premium 104.00 22 Penn Waste -Refund of final utility bill 40.49 23 Progressive Farmer -Subscription refund 19.50 24 QSP, Inc. -Subscription refund 24.73 25 QSP, Inc. -Subscription refund 15.26 26 Successful Farming -Subscription refund 34.62 TOTAL (Also enter on Line 5, Recapitulation) ~ 228,273.4G (:opyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule E (Rev. 6-Q~) CNL Hotel & Resorts, Is~c. Net Settlement Consideration PO Box 24700 West Palm Beach, FL 33416 I Illill VIII VIII VIII VIII VIII VIII VIII (IIII (IIII IIII IIIIII VIII VIII VIII VIII VIII IIII IIII "0000053292-131054' 4577 - 111 :4577 :12/28/10 Chiilm Number: 0000053292 Ac~~ount Number: 1199380957 **T19/Pi09**********ALL FOR ADC 170 ~~ JAY W. FOUGHT TOD ~~ U/A 08/28/04 978 PARK PL MECHANICSBURG PA 17055-9503 NOTICE OF SECOND DISTRIBUTION FROM REMAINING NET SETTLEMENT CONSIDERATION Dear Claimant: This check is in addition to the first distribution and represents your pro rata share of the remaining balance of the Net Settlement Consideration. The remaining balance is being redistributed to all claimants who previously cashed their initial distribution checks. The minimum threshold to receive a second distribution check is $10 or gre;~.ter. Any claim falling below the $10 minimum did not participate in the second distribution. Accordingly, enclosed is a seco~ld distribution check representing your pro rata share of the remaining Net Settlement Fund Consideration:. (A) # of Shares: $750. DO (B) Award Per Share: 0.027051 554102 (C) Check Amount (A x B): $20.29 Because the tax treatment of this distribution varies based on the recipient's tax status and individual circumstances, the Claims Administrator cannot offer tax advice. You should consult your tax advisor to determine the tax consequences, in a.ny, of this distribution to you. This check will remain valid for 40 days. Please deposit this check promptly. If this check is not cashed within 40 days, you will forfeit your right to participate in the Net Settlement Consideration in the CNL Hotel & Resorts, Inc. Securities Litigation and your pro rata share will revert back to the Net Settlement Consideration. No reissue requests will be honored after the 40 days: Sincerely yours, Claims Administrator ~ Detach and sign the back of this instrument. ~' F"eb. 7. 2011 1.O~PP~ PNC BANK 412-70~-2747 ~PNC No. 8990 P. 1~2 February 7, X031 James D Bogar Esq. ~Une RTest 1VJain 5t _ S}~itxrm,att*;town, PA. 1711 RE. Jay W Fought .SSN: 19938-0957 DDD: OI-Q3-21111 ' Dear IVfr. BQgsr: . 1n ~sponse to your nec~st for Dale of Death. ~3~UD) balances frn the cu~s~vmer r~otad above, guar records show ~e fol~vwing: _ Checking Accvent Accotutt # 51343115527 - F,stabIished: 1Z~13-1999 JAY '9~ Fi~U'~GHT ~D bsla~ce; ~ g3,099.7~ + D.9i ~ccxued artere~ ~ ~~ o~-~~-zvz ~ ~ ~ a~-o~ 20~ 1 ~ a.oo ~ LQau Aeeaant The decedent nu~intsined Loan. Accaunt # 4003 Q4814932?900. For further a#ion ar~d asslncc~ a contact 1-BSS-?b2-~2fi5. Select man 1, th~a option 3 mod. then t1(~rv), Af1es P~ ~ P re~z~aia on fhe Jive to spec with a.1~ Fi~.c%al Service Co~csult~,. Please note that this office provides daze of death ba~ncvs for deposit accowsts ~IRAa, CDs, ~btec,~img ate. Saviugs)_ ~VVe de next 1~~ suaep f~nsacial >b~sactio~s yr pre>'vlde state. If you need assi~.ce with ax~y of these items, please cxill i-~8SS-1'N'~-SANK (i-888-`~b2 265) yr st~P b3' Your Iaca1 PbTC Bank bra~tcit off ce. Sincerely, Ne~ona[ Finaaacial Services Gen'ter PNC Ba+ak, NA. 11rJemtbe~ FDIC Page J 4J`2 ' ~'eb. 7. ~O1 i l ; 05PM PhfC BASK 4i 2-70~-747 Na, $9~~ P. 2/~ This message is ixctended for the use o}'the fndivtriual or entity ra which it is culdressed and may contain ix~farnxativr~ that is,priYileg~ec~ con~dentr"al aid e~rempl`fram disclosure wider applicable law ~f thae reader of phis message is x~at tie irtte~tded recripierrt or the employee or ag~er~t ne.~pansibte far delivering this r~~ssr~ge to the inte~zderl recipient, you are hereby ~ivtifred tit ~rrry dissemit~atinn, d'istributivr~ yr capy~g o, f'this curi7rr~uniccm'arrs is strictly prflhibti~ec~ I~'you have received this cQmmur~ication in error, please notify me inunedial~ly by reply or by te~e~ pho~-te at 800-76~~~I X73 acid immediately destroy this, fa.~ed da cume~ Page Z o~Z Inv': Late ,, Iriv ~No . .. Invoice Amount Disc Amt Pa ernt Amount Bal-ante Due 00 ~ 12/22/10 68540 35,518.20 0.00 35,518.20. 0. .T~r,a,,,- _ n~~~n ~nrT~uT STAY 0.00 $35, 518 .20 CK# 00337183 12/29/10 Rick Foreman AuctioneerAu1163L, 386 Sprin~eld Rd. Shippensburg Pa 17257 (71'776-4602 ~.~ ~7a2c,~ /Yawl ~a ~, ~ ~-~ 77, 3~6 _` ~ lea w (~,~ ~ C'.~ y9 .30 9~ 7 7, 316 = - 5-968 7/ 6~8 = ~frv~ tae Es~a~a 766-5955 432-4927 ~; Ja Fou ht ~. y g 978 Park Place Road ~, ' Mechanicsburg, PA 17055 ~ ~•~ M ~- ,20 ,~ t , `~ r ~- -,n r, M ~ ~ ~`} ~ ~ ~~ f. fT `r 766-5955 ~~ - > :+ 432-4927 '. ,; Ja Fought y 978 Park Place Road Mechanicsburg, PA 17055 ~i `~Ir ~ r G .i *t 766-5955 '' r , Fou ht ~~ ~~ Ja ~- y g 978 Park Place Road ' Mechanicsburg, PA 17055 432-4927 <, ~ t ~,.. r ~i~ ; ~,;L., f. -f20 ~ F ~.,. ~~ 7~6-555 ~-~ : 432-4927 ry Ja Fou hit `~ ~ y g 9 > A~t~re~ ~ ~a~-*~, > ~C~ ~ ~ ~~~ ~ ~n B ,2D ~ :~~~ ~` ~, :a ,~ - :1~ _ :~ >~ ~~~ ., ;% RQ~VE'S ~-.UC'TIQN SER~''~~ICE (RH 79L) 2505 Ritner Highway Carlisle, PA 1701~i Dave Rowe (AU 2295L) Rowe (AU 1538L) 249-1978 697-4794 249-2677 Auction Is Action Call "Rowe" For Satisfaction SELLERS NAME ~-'S ~ ~ ~~-~ W ` ~` " ' ''~'7 _ DATE ~ ~ 1 ~ ADDRESS ~~-~ C~~~~/3~5 ~IJ ~1`= _ :PHONE ~i•,F ~~ Co`2.~~ T OTHER ~ ~ `~ ~ ~~-~-~Z ~'~`'.n,.~ Q,/~ ~•~-~C i"1'~o~,AUCTIONEER % Z`~, AUCTION DATE/LOCATION 1 ~.~ ~.~ ~~~~ ~-r -,,-..o a. ~~LERK % ~1~t ~~~ ~ ~~~ ~~ DESCRIPTION OF MERCHANDISE v 3 I Commission the Auctioneers to sell the merchandise to the highest bidder b3~ Public Auction. Merchandise to be sold as is & grouped as necessary to obtain bids. I certify that I am the owner or authorized represen- tative of the merchandise, goods and or property and have good title and the right to sell and that they are free from all incumbrances. I agree to accept all responsibility for providing merchantable title and for delivery of title to the purchaser. I agree to hold harmless the Auctioneers against any•claims of the nature referred to in this agreement. ~~-----= AUCTION SIGNATURE ATURE Total Sales (Clerking Tickets Attached) ~ ~- a' ~' ~ `~-- Less Sale Expense: ~ S" ----~ ~~~% Commission Auctioneer $ ~ ~ ~' ~ % Commission Clerks OTHER: TOTAL SALE EXPENSE DEDUCTED $ SELLERS NET ~ ~ ~ ~ ~ ~ ~ ~ ~''~-0' ~ ~. ~~ PION EER® ® A DUPONT BUSINESS Pioneer I-ii-Bred International, Inc. Jay Fought 978 Park PI Mechanicsburg, PA 17055 Cash Rec~pt122120°I~0 Business Partner: 172.38152 ~~ ~~ rr' .~ Check Number Chec~ Amount ~ ~~~0 3,570.42 Totals: $3,570.42 Document Amount Payment Account Description Number applied EPS Percent EPS Amount Amount Fought; Jay (2011 Spring) 800000703 4,025.25 10.00 'D!o 454.83 3,570.42 'totals: $4,025.25 $454.83 $3,570.42 ~ .JFF - 5683622 (717) 766-2954 Lynn Wingert 422 Gettysburg Pike chanicsburg, PA 17055 THANK YOU FOR USING PIONEERS BRAND PRODUCTS. ALL DISCLAIMERS AND WARRANTIES WILL BE PROVIDED AND WILL ALSO BE PRINTED ON THE PRODUCT CONTAINER. Pioneer Hi-Bred Interns#ional, Inc. Page 1 of 1 1 0/22/201 0 1 2:12 Pi~~ Rev-1510 EX+ (6-98) SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Fought, Jay W. 21-11-0109 This schedule must be completed and filed if the answer to any of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yes. ITEM NUMBER DESCRIPTION OF PROPERTY THE DATE OF TROANSFER.SATTACIi A COP OF TIRE DEIED FOR REAL ESTATE. DATE OF DEATH VALUE OF ASSET °i° OF DEI"D'S INTEREST Excl_usloN (IF APPLICABLE) TAXABLE VALUE 1 Ameriprise Financial -Annuity Account No. 80,921.65 80,921.65 93006893902 2 004. Seth Orndorff, the Decedent's grandson, is the named beneficiary of this annuity - See attached date of death valuation letter. 2 Ameriprise Financial -Annuity Account No. 31,773.13 31,773.13 93007831235 0 004. Seth Orndorff, the decedent's grandson, is the named beneficiary of this annuity - See attached date of death valuation letter. 3 Ameriprise Financial -Annuity Account No. 54,118.08 54,118.08 93007899790 3 004. Seth Orndorff, the decedent's grandson, is the named beneficiary of this annuity - See attached date of death valuation letter. 4 Ameriprise ONE Financial Account -Account No. 16,054.79 16,054.79 00064129430 1 021. Seth Orndorff, the decedent's grandson, is the named beneficiary of this account - See attached date of death valuation letter. 5 Fulton Financial Advisors - Hempt Brothers, Inc. -IRA 3,763.86 3,763.86 Account No. 941464-007260-0. Seth Orndorff, the decedent's grandson, is the named beneficiary of this account -See date of death valuation letter TOTAL (Also enter on Line 7, Recapitulation) I 186,631.5`8 T (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 G (Rev. 6-98) January 12, 2011 MARK ERIC SANDOE FL 1 1105 SHRIVERS CORNER RD GETTYSBURG, PA 17325-8369 Dear MARK ERIC SANDOE: We have received notification of JAY W FOUGHT's death. The deceased's name appears on the following accounts. Account values as of 01/03/2011 are listed below. At the end of this letter, you. will find a list of beneficiaries shown in our initial review of the accounts Account Information Annuities -Post 1985 Account Number Ownership 93006893902 2 004 Individual 93007831235 0 004 Individual 93007899790 3 004 Individual Ameriprise ONE Financial Account Account Number Ownership 00064129430 1 021 Individual - TOD Annuities -Post 1985 Account Number Total Value 93006893902 2 004 $80,921.65 93007831235 0 004 $31,773.13 93007899790 3 004 $54,118.08 Ameriprise ONE Financial Account Account Number Total Value 00064129430 1 021 $16,054.79 A~o+ctName:!-cereriprse QNE Fi~ervc~! Acccxmk .l~AYW FQUiGHTTOQ Aicct Ho~fl~B41ZB43tl ~1 ~tType:Morri~uel'ie~d iice~;; ~~vv~~ j ~ n tT ' • ?5 ~y~y^! ,~, ++~ s "s~+N.nP.ir . ~~ 4T8 '1.DD 4.TD EOI111~1H'1T$ {pRll~E WPi~[71 REP-1.:E5iME '[;5mD0 1Q.P'O 18.D6QDQ A55~Cd)r1E~~ _ 031032@11 12:24 7173373379 SANDQE&ASSOC PAGE 02/02 ~en;~c~~~ ~n-farmatfan We havc the fallowing beneficiaries on recctird far the dcccascd's ~~ovnts. Acc~~~ot Number: 9300~i8939Q2 2 OC}~4 D-esi~~tson: PRIM~-RX BENEFTCIA,R1' S~TX~ (~RN'~ORFF GRANDSON x.00.0090 SECt~NDA~RY BENEFICIARY GARY ORNDORFF $QN-~1-I./~1,~ 100.0090 NIINOR BENEFICIARIES: IP ANX ~~CIARY LISTED IN THIS SE~'iTCsN iS A. I~i1fNC1R, I HEREBY REQUEST THAW PR~CE~~75 X3S PAID TO GARY ORtr1DORFF AS CUSTODIAN IJI~F.,~.'Z'~3 pA UTMA Account Number. 9300783 ~2'~5 0004 I~ignat~loa: PRIMARY BENEFICIARY' SETH {7RNDQk~F GRANDSON IOO.QO°!b SECaND~1RY $ENE~t~.A,RY GARY ()RNDOk SON-IN-LAQV , 7 ~'~ ~ ~ fZ`t'C'~`Ld Ci ~'C + ~~ C1~' bC.`~~~ Cll`~ lOQ.009o C~ 4 }`[. ~~ ~ ~.~ ~ ~? ~ ~? ~ ~j ~Ct'J ~. ~3 Gt. d t~ G. S ~.~r~ ~'~ l~.ll Q ~ } ~ ~} 1~.G~ ~`.'~ 1 •~'C f ~ "I ~~~ ~ S 1~'l'1 ~ C ~ C'~~ 1 'S Gl ~'+~1 t n ~ ~' Acatiom Nombe~: 9300~8~9790 3 004 Designstfon: PRIMARY BENEFIQAFLY SETH ORNDORFF Ca4RANDSON 100.04°lii St3CC1NDARY BENEFICIARY GrAR'X C?IiNDQRFF St'~N-xN-LA~V 100.0090 ~ZN4R B1SfiTBFTCIAR_~S: IF ANX 1~BNSFICIARY LISTP.Iy IN TfIIS S~3CTION IS A M]NOR, Z HBRB$Y REQUEST THAT ~'ROCEBIaS BE FA1D TO OARY CiRNI3CRFF A,S CUSTODIAN UNDER THE ~'A UTMA Account Number: 00064129430 1021 ~sf ~ltion: I'R~ARY BENEFIGIA~RY SETH ORNI~O~RFF CirRANDSON 140.OQ~ SBCONDARY HFsNEFICIARY GARY ORNDC~R~ SCAN-~T-I.AW 100.00$6 MIltiTOR BEN ~'~CIARIBS: IF ANY ~BNEfTCZARY LJSTETs T.N 7"HIS SECTION IS A, MIVOR, I HERfi$Y R$C,~USST THAT FROCEET75 BE PAII~ TO CAR'X URNDORFF AS CUSTODIAN UNDER THE PA A 02r~10/2011 14:36 X173436324 FULTON FINANCIAL ADU FAGE 0101 F~TLTON FZNANC:T,f1T...~l7VIS~7RS°' Mczkiz~ SI~cGr':ss T'rrs~»t31.' February 10, 2011 James Bogar, Esquire One West plain Street Shiremanstown, PA 7.70~,~, RE: Jay W. Fought ~'IA FASCIN'IILLE (7T1) 737-2~8b Dear Mr. Bogar: BeIoW is the information you requested in regards to lay W. Fought. Social Security Number: 199-35-0957 Beneficiary: SEth Orndorff Date Account Opened; 07/01J2D07 Value of Account on January 3, 2011: $3,763.86 If you have any questions, you can contact me directly at (717J 771-0704. Sincerely, Alicia E, Renard, CFP, CRSP. Relationship Manager Retirement Services ACR/tlh 30 So~arh Geo,-fie Street. ~vrl., 1'A I740.1 ~ www.fi~.lCora.fi.nan~i::tlacivi:;c»-~.~c.~m znvestn:-e~~ts -Wealth Nlanage~x~ex~t ~ Cor~c~raLc: anc~ Retirement Scrvi.ces • Pa~avate ]Bznki.ng • Insurance REV-1151 EX+ (10-06) ,- COMMONWEALTH OF PENNSYLVANIA SCHEDULE H FUNERAL EXPENSES & ESTATE OF FILE NUMBER Fought, Jay W. 21-11-0109 Debts of decedent must be reported on Schedule I. ITEM DESCRIPTION AMOUNT NUMBER A, FUNERAL EXPENSES: See continuation schedule(s) attached B. ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions Name of Personal Representative(s) Street Address City State Zip Year(sl Commission paid 2, Attorney's Fees Bogar & Hipp Law Offices 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address City State Zia Relationship of Claimant to Decedent 4. I Probate Fees 14,541.34 25,200.00 593.50 5. Accountant's Fees 6. Tax Return Preparer's Fees 7. Other Administrative Costs 39,085.27 See continuation schedule(s) attached TOTAL (Also enter on line 9, Recapitulation) 79,420.11 Copyright (c) 2009 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 10-06) SCHEDULE H FUNERAL EXPENSES AND ADMINISTRATIVE COSTS continued ESTATE OF FILE NUMBER Fought, Jay W. 21-11-0109 ITEM NUMBER DESCRIPTION AMOUNT Funeral Ex ep nses 1 Baker's Restaurant -Funeral luncheon 110.41 2 Baker's Restaurant -Funeral Luncheon 63.93 3 Cemetery monument -Funeral expense 3,360.00 4 Myers Funeral Home -Funeral bill 11,007.00 H-/4 14,541.34 5 Other Administrative Costs AAA -Replacement title for Exployer 30.50 6 Agrarian Associates, Inc. -Farm appraisal 700.00 7 Agrarian Associates, Inc. -Mountain ground appraisal 200.00 8 Battery Plus -Battery replacement for vehicle for preparation for sale 60.50 9 Battery Plus -Battery replacement for vehicle for preparation for sale 85.33 10 Carlisle Car Wash -Preparation of vehicles for sale 29.00 11 Cumberland County Law Journal -Legal advertisement 75.00 12 Cumberland County Recorder of Deeds -Realty transfer taxes regarding sale of 978 Park 7,770.00 Place, Mechanicsburg, Pennsylvania 13 Direct TV -Utility bill 18.29 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 6-98) SCHEDULE H FUNERAL EXPENSES AND ADMINISTRATIVE CASTS continued ESTATE OF FILE NUMBER Fought, Jay W. 21-11-0109 ITEM NUMBER DESCRIPTION AMOUNT 14 Gary Orndorff -Mileage reimbursement 1,627.92 15 Gary Orndorff -Gas for Exployer for preparation for sale 30.00 16 Gary Shughart -Combine services 1,400.00 17 Internal Revenue Service -Fee charged for obtaining Estate EIN 130.00 18 Internal Revenue Service -Fee charged for obtaining EIN for Seth Orndorff Trust 130.00 19 Journal Publications -Legal advertisement 131.00 20 Lowes -Lock replacement for vehicle for preparation of sale 6.33 21 Madeline M. Harbold, Tax Collector -Payment of 2011 County/Township taxes rye mountain 39.86 ground located in York County, Pennsylvania 22 Mary A. Murray, Tax Collector - 2011 County/Township real estate taxes for 978 Park Place, 854.54 Mechanicsburg, Pennsylvania 23 McDonnell Oil -Utility bill 581.97 24 McDonnell Oil -Utility bill 713.86 25 Met Ed -Utility bill 144.60 26 Met Ed -Utility bill 28.77 27 Met Ed -Utility bill 13.24 28 Met Ed -Utility bill 84.75 29 Met Ed -Utility bill 13.04 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 6-98) SCHEDULE H FUNERAL EXPENSES AND ADMINISTRATIVE CASTS continued ESTATE OF FILE NUMBER Fought, Jay W. 21-11-0109 ITEM NUMBER DESCRIPTION AMOUNT 30 Met Ed -Utility bill 0.97 31 Met Ed -Utility bill 13.40 32 PA Department of Treasury - 2010 Pennsylvania Personal Income Taxes -Form PA 721.00 33 Penn Waste -Utility bill 32.70 34 RESERVES -Costs to conclude the administration of the Estate, including filing fees for PA 5,000.00 Inheritance Tax Return and Inventory, preparation of first and final account and Federal and State Fiduciary Income Tax returns, preparation of final Personal Income Tax returns 35 Rick Foreman Auctioneer -Auctioneer's commission and costs for sale of farm equipment 5,698.00 and vehicles (Please note that amount shown on the receipt attached herein to Schedule E is incorrectly calculated. The correct total is $5,698.00.) 36 T-Mobile -Utility bill 105.47 37 Truckwash -Preparation of vehicle for sale 49.82 38 U. S. Postal Service -Mailing fees 12.22 39 United States Treasury - 2010 Personal Income Taxes -Form 1040 7,140.00 40 Verizon -Utility bill 15.76 41 West Shore Tax Bureau - 2010 Personal Income Taxes -Form 531 321.92 42 William G. Rowe -Auctioneer's commission for sale of personal property 5,020.51 43 Wolfe's Diner -Luncheon for public sale staff 55.00 H-'.B7 39,085.27 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 6-98) Rev-1512 EX+ (12-08) SCHEDULE 1 DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Fou ht, Ja W. 21-11-0109 ~___.. a_~._ :..,.....ba ti., rtio ,rp~p~ant prior to death that remained unpaid at the date of death, including unreimbwsed medical expenses. (If more space is needed, additional pages of the same size) Copyright (c) 2009 form software only The Lackner Group, Inc. Form PA-1500 Schedule I (Rev. 12-OL) March 3, 2011 Gary J. Orndorff, Executor Jay W. Fought Estate 978 Park Place Mechanicsburg, PA. 17055 Dear Mr. OrndorFF, During the second half of 2010, I made advances of working capital to lay W. Fought. As of January 3, 2011,. the amount owing,to me was $47,000.00. On February 12, 2011, this amount was paid in full by the Estate of Jay W. Fought, via check number 110 in the amount of $47,OOO.OCi. There was no interest or costs outstanding relating to this advance of working capital. Sincerely, 0. Lee 5ouder REV-1513 EX+ (11-08) COMMNHERITAN~E~ ~C RET~RN ANIA RESIDEN DE EDEN SCHEDULE J BENEFICIARIES ESTATE OF Fou ht, Jay W. NAME AND ADDRESS OF NUMBER PERSON(S) RECEIVING PROPERTY I TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under Sec. 9116(a 1.2 Seth Orndorff 2381 Hartford Drive York, PA 17402 FILE NUMBER 21-11-0109 RELATIONSHIP TO SHARE (~F ESTATE AMOUNT OF ESTATE DECEDENT (V~,-ords) ($$$) A. -1.L 1 :-L T.w .a.~~~/~1 Grandchild rest re::idue and remainder of Estate ~ Totall ~ Enter dollar amounts for distributions shown above on lines 15 throu h 18 on Rev 1500 cover sheet, as a ro riate. NON-TAXABLE DISTRIBUTIONS: II. A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAB: IS NOT TAKEN B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEETI _ _ Copyright (c) 2009 form software only The Lackner Group, Inc. Form PA-1500 Schedule J (Rev. 11-08) LAST WILL AND TESTAMENT OF JAY W. FOUGHT I, JAY W. FOUGHT, of Mechanicsburg, Cumberland County, Pennsylvania, make, publish and declare this as rind for my Last Will and Testament, hereby revoking all other tnTi~_ls and Codicils 3 heretofore made by me. FIRST: I devise and bequeath all the 7:est, residue and remainder of my estate of whatever nature and whE~rever situate, including any property over which I hold power off= appointment and together with any insurance policies thereon, to my grandson, SETH ORNDORFF, provided that should he predeceasf=_ me, then to GARY ORNDORFF, husband of my deceased daughter, r~NGELA ORNDORFF. SECOND: Should SETH ORNDORFF not have attained the age of twenty-five (25)-years at the time for distribution to him, I give, devise and bequeath his share to my herein<~.fter named Trustee, IN TRUST, to hold, manage, invest and reinvest the share so received, and to use and apply from time to time such portion of income and principal for SETH ORNDORFF'S education (including college, trade school or other similar training or education), support and welfare as my Trustee, in their sole discretion, deem advisable. My Trustee may make the payments for the support and maintenance of SETH ORNDORFF directly to SETH ORNDORFF or his guardian or Guardians. Any payments made by my Trustee pursuant hereto shall be made without further responsibility to SETH ~..~ OR,NDORFF, his Guardian or Guardians, or to any person taking care of~him. The Trustee, in exercising their discretionary authority with respect to the payment of income or principal of the within Trust to SETH ORNDORFF, shall take into consideration any income or other resources available to him from sources outside this Trust. In addition, my hereinafter named TrustE~e shall have the 1~ right, in their sole discretion, to purchase anal pay for out of the principal, as well as income, such insurance policies as will provide for SETH ORNDORFF'S medical care. Any income or principal not so applied shall be dis- tributed to SETH ORNDORFF when he attains the agE= of twenty-five (25) years. In the event SETH ORNDORFF dies pri<~r to the termi- nation of this Trust established herein for his ]~enefit, the interest of said grandchild in said Trust shall ~~ease with any income and principal passing to GARY ORNDORFF as set forth hereinabove. THIRD: In addition to all powers granted to them by law and by other provisions of this Will, I give the fiduciaries acting hereunder the following powers, applicable to all proper- ty, exercisable without court approval and effective until actual distribution of all property: (A) To sell at public or private sale, or to lease, for any period of time, any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms (including credit, with or without security) or conditions as are deemed proper. This includes the power to give --~ egally sufficient instruments for transfer of the property and ition of it. to receive the proceeds of any dispos (B) To partition, subdivide, or improve real estate and to enter into agreements concerning the partition, subdivi- sion, improvement, zoning or management of real estate and to ~npose or extinguish restrictions on real estatE:. (C) To compromise any claim or controversy and to abandon any property which is of little or no v~~lue . (D) To invest in all forms of property, including stocks, common trust funds and mortgage investmE~nt funds, without restriction to investments authorized for Penns~rlvania fiduci- 2 aries, as are deemed proper, without regard to any principle of , diversification, risk or productivity. (E) To exercise any option, right or :privilege granted in insurance policies or in other investments. (F) To exercise any election or privilege given by the Federal and other tax laws, including, but not necessarily being limited to, personal income, gift and estate or .inheritance tax laws. (G) To make distributions to my herei:n named benefici- aries in cash or in kind or partly in each. (H) To borrow money from themselves o:r others in order to pay debts, taxes, or estate or trust adminzst:ration expenses, to protect or improve any property held under my will, and for investment purposes. (I} To select a mode of payment under any qualified •etirement plan (pension plan, profit sharing pl;~.n, employee stock ownership plan, or any other type of qualified plan) to the ~ extent the plan or the law permits them to do so, and to exercise - any other rights which they may have under the p:1an, in whatever manner they consider advisable. FOURTH: I nominate and appoint GARY O:RNDORFF, as Trustee of the hereinabove described Trusts. I direct that my Trustee shall serve without bond and shall receive fair and reasonable compensation. FIFTH: I direct that all inheritance, estate, trans- fer, succession and death taxes, of any kind whatsoever, which may be payable by reason of my death, whether or not witr~ respect to property passing under this Will, shall be paid out of the principal of my residuary estate. SIXTH: A11 interests hereunder, whether principal or income, which are undistributed and in the posse~~sion of the fiduciaries acting hereunder, even though vested or distribut- 3 able, shall not be subject to attachment, execution or sequestra- tion for any debt, contract, obligation or liabi:Lity of any beneficiary, and furthermore, shall not be subje~~t to pledge, _ _ _ _ _ assignment, conveyance or anticipation. SEVENTH: I nominate and appoint GARY ORNDORFF, Execu- for of this, my Last Will and Testament. In the event ~1_ 1.11C death, resignation or inability to serve for any reason whatso- ever of the said GARY ORNDORFF, I nominate and a:~point JAMES D. BOGAR, Executor of this, my Last Will and Testament. I direct that my Executor or Executors, and Trustee, as t:he case may be, and their successors, shall not be required to post security or a bond for the performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, this,~~~y day of ~~>~ ~ 2007. '~ ~~~~ .,~~i r~'"- y~ ( SEAL ) t JAY W. UG T Signed, sealed, published and declared. by the above- named Testator as and for his Last Will and Testament in our presence, who, at his request, 1n nls presence a.~~u 111 1.110 presence of each other, have hereunto subscribedL our names as attesting witnesses. Address Address 4