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HomeMy WebLinkAbout04-11-13 REV-1500 EX (01-10) 1505610140 OFFICIAL USE ONLY PA Department of Revenue Bureau of Individual Taxes County Code Year File Number PO Box 280601 INHERITANCE TAX RETURN Harrisburg, PA 17128-0601 RESIDENT DECEDENT 2 1 1 2 0 �-$-3, y ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death MMDDYYYY Date of Birth MMDDYYYY 0 7 1 0 2 0 1 2 1 0 D 8 1 9 5 5 Decedent's Last Name Suffix Decedent's First Name MI M C G I L L V R A Y F R E D (If Applicable)Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MI Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW n 1.Original Return 2.Supplemental Return 3. Remainder Return(date of death prior to 12-13-82) 4. Limited Estate 4a. Future Interest Compromise(date of ❑ 5. Federal Estate Tax Return Required death after 12-12-82) OX 6. Decedent Died Testate 7. Decedent Maintained a Living Trust 0 8.Total Number of Safe Deposit Boxes (Attach Copy of Will) (Attach Copy of Trust) 9. Litigation Proceeds Received 10. Spousal Poverty Credit(date of death ❑ 11. Election to tax under Sec.9113(A) between 12-31-91 and 1-1-95) (Attach Sch.O) CORRESPONDENT-THIS SECTION MUST BE COMPLETED.ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: Name Daytime Telephone Number H U B E R T X G I L R 0 Y 7 1 7 2 - q- 3 3;3 4 1 -- , m n C cwt n C:2F&STER OF-WLS USE QNLY First line of address M A R T S 0 N L A W O F F I C E S T..l Second line of address C-� -3 1 0 E A S T H I G H S T R E E T = f'' City or Post Office State ZIP Code w DATE FIKD u' w, W C A R L I S L E P A 1 7 0 1 3 Correspondent's e-mail address: HGILROY((&,MARTSONLAW.COM Under penalties of perjury,I declare that I have examined this return,including accompanying schedules and statements,and to the best of my knowledge and belief, it is true,correct and complete.Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge. NATURE OF PER N R SPONSIBLE FOR FILING RETURN DATE J �C 1O P ADD SS 122 BUTTERMILK ROAD NEWVILLE PA 17241 SlGfdLRE IS WA OTHER THAN REPRESENTATIVE DATE ADDRESS 10 EAST HIG STREET CARLISLE PA 17013 PLEASE USE ORIGINAL FORM ONLY Side 1 1505610140 1505610140 J 1505610240 REV-1500 EX Decedent's Social Security Number Decedent'sNarne: FRED MCGILLVRAY RECAPITULATION 1. Real Estate(Schedule A) 1. 4 0 9 1 0 0 . 0 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. Stocks and Bonds(Schedule B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3. Closely Held Corporation, Partnership or Sole-Proprietorship(Schedule C) . . . . . 3. 4. Mortgages and Notes Receivable(Schedule D) . . . . . . . . . . . . . . . . . . . . . . . . . . 4. 5. Cash, Bank Deposits and Miscellaneous Personal Property(Schedule E). . . . . . . 5. 2 8 9 1 1 3 . 0 2 6. Jointly Owned Property(Schedule F) ❑ Separate Billing Requested . . . . . . . 6. 1 3 0 0 0 0 7. Inter-Vivos Transfers&Miscellaneous N n-Probate Property (Schedule G) t Separate Billing Requested . . . . . . . 7. 0 . 0 0 8. Total Gross Assets(total Lines 1 through 7) . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. 6 9 9 5 1 3 . 0 2 9. Funeral Expenses and Administrative Costs(Schedule H) . . . . . . . . . . . . . . . . . . 9. 6 1 8 9 6 . 5 0 10. Debts of Decedent, Mortgage Liabilities,and Liens(Schedule 1) . . . . . . . . . . . . . 10. 5 4 5 4 2 4 . 0 9 11. Total Deductions(total Lines 9 and 10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11. 6 0 7 3 2 0 . 5 9 12. Net Value of Estate(Line 8 minus Line 11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12. 9 2 1 9 2 . 4 3 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been made(Schedule J) . . . . . . . . . . . . . . . . . . . . . . 13. 14. Net Value Subject to Tax(Line 12 minus Line 13) . . . . . . . . . . . . . . . . . . . . . . 14. 9 2 1 9 2 . 4 3 TAX CALCULATION-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.0 _ 0 . 0 0 15. 0 . 0 0 16. Amount of Line 14 taxable at lineal rate X .0_ 0 . 0 0 16. 0 . 0 0 17. Amount of Line 14 taxable at sibling rate X .12 0 0 0 17. 0 . 0 0 18. Amount of Line 14 taxable at collateral rate x .15 9 2 1 9 2 . 4 3 18. 1 3 8 2 8 . 8 6 19. TAX DUE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19. 1 3 8 2 8 . 8 6 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT a Side 2 1505610240 1505610240 J REV-1500 EX Page 3 File Number Decedent's Complete Address: 21 12 0901 DECEDENT'S NAME FRED MCGILLVRAY STREET ADDRESS 210 BIG SPRING ROAD CITY STATE ZIP NEWVILLE PA 17241 Tax Payments and Credits: 1. Tax Due(Page 2,Line 19) (1) 13,828.86 2. Credits/Payments A.Prior Payments B.Discount Total Credits(A+B) (2) 0.00 3. Interest (3) 4. If Line 2 is greater than Line 1 +Line 3,enter the difference.This is the OVERPAYMENT. Fill in oval on Page 2,Line 20 to request a refund. (4) 0.00 5. If Line 1 +Line 3 is greater than Line 2,enter the difference.This is the TAX DUE. (5) 13,828.86 Make check payable to: REGISTER OF WILLS, AGENT PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a, retain the use or income of the property transferred; ...................................................................... ❑ ❑ b. retain the right to designate who shall use the property transferred or its income; ............................... ❑ ❑ c. retain a reversionary interest;or ................................................................................................ ❑ R 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? ....................................................................................... ❑ ❑ 1 Did decedent own an"in trust for"or payable-upon-death bank account or security at his or her death? ......... ❑ ❑X 4. Did decedent own an individual retirement account,annuity or other non-probate property,which contains a beneficiary designation?.................................................................................................. ❑ 0 IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES,YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. For dates of death on or after July 1, 1994, and before Jan. 1, 1995,the tax rate imposed on the net value of transfers to or for the use of the surviving spouse 3 percent[72 P.S.§9116(a)(1.1)(i)], For dates of death on or after Jan. 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0 percent [72 P.S.§9116(a)(1.1)(ii)].The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1,2000: • The tax rate imposed on the net value of transfers from a deceased child 21 years of age or younger at death to or for the use of a natural parent, an adoptive parent or a stepparent of the child is 0 percent[72 P.S. §9116(a)(1.2)]. • The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5 percent,except as noted in 72 P.S.§9116(1.2)[72 P.S.§9116(a)(1)]. • The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12 percent[72 P.S. §9116(a)(1.3)].A sibling is defined, undE Section 9102,as an individual who has at least one parent in common with the decedent,whether by blood or adoption. REV-1502 EX+(01-10) pennsylvania SCHEDULE A DEPARTMENT OF REVENUE REAL ESTATE INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF: FILE NUMBER: FRED MCGILLVRAY 21 12 0901 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 that 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. ITEM Include a copy of the deed showing decedent's interest if owned as tenant in common. VALUE AT DATE NUMBER OF DEATH DESCRIPTION 1. Real estate located at 122 Buttermilk Rd.,Upper Frankford Twp.,Newville,Cumberland Co., PA, 409,100.00 known as Tax Parcel No. 43-05-0415-024. * The value on the real estate has been selected in accordance with 72 P.S. Section 9122. The land is devoted to agricultural use,was devoted to such use at least three years preceding the death of the Decedent,and is more than 10 contiguous acres. The land qualifies under the PA Farm Land and Forest Land Assessment Act(Clean and Green)and has been assessed pursuant to that program. The assessed value is the value used on this Schedule A. A copy of the Cumberland County Assessment records for this parcel is included with this Return. * Decedent retained 100%interest in real estate per Martial Settlement Agreement dated May 2,2012. See attached Deeds, Martial Settlement Agreement and Divorce Decree. TOTAL(Also enter on Line 1,Recapitulation.) $ 409,100.00 If more space is needed,use additional sheets of paper of the same size. REV-1508 EX+(11-10) pennsylvania SCHEDULE E DEPARTMENT OF REVENUE INHERITANCE TAX RETURN CASH, BANK DEPOSITS, & MISC. RESIDENT DECEDENT PERSONAL PROPERTY ESTATE OF: FILE NUMBER: FRED MCGILLVRAY 21 12 0901 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly owned with right of survivorship must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1. M&T checking 989437069 27.99 See attached 2. Dairy cattle 86,500.00 See attached appraisal 3. Farm equipment 183,400.00 See attached appraisal 4. 2002 Dodge Ram 3500 pick up truck 7,300.00 See attached valuation 5. 1990 Dodge truck w/agricultural sprayer, licensed for farm use only, 6,000.00 6. US Department of Agriculture,FSA Milk income loss payment 3,708.54 7. Miscellaneous cash deposits 1,176.49 8. Household goods and personal property 1,000.00 TOTAL(Also enter on Line 5,Recapitulation) $ 289,113.02 If more space is needed,insert additional sheets of paper of the same size REV-1509 EX+(01-10) pennsylvania SCHEDULE F DEPARTMENT OF REVENUE JOINTLY-OWNED PROPERTY INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF: FILE NUMBER: FRED MCGILLVRAY 21 12 0901 If an asset was made jointly owned within one year of the decedent's date of death,it must be reported on Schedule G. SURVIVING JOINT TENANT(S)NAME(S) ADDRESS RELATIONSHIP TO DECEDENT A. Jessica L.Nailor 122 Buttermilk Road Friend Newville, PA 17241 B. C. JOINTLY-OWNED PROPERTY: LETTER DATE DESCRIPTION OF PROPERTY %OF DATE OF DEATH ITEM FOR JOINT MADE INCLUDE NAME OF FINANCIAL INSTITUTION AND BANK ACCOUNT NUMBER OR SIMILAR DATE OF DEATH DECEDENT'S VALUE OF NUMBER TENANT JOINT IDENTIFYING NUMBER. ATTACH DEED FOR JOINTLY-HELD REAL ESTATE. VALUE OF ASSET INTEREST DECEDENT'S INTEREST 1. A. 8/2010 2001 Dodge Dorango vehicle 2,600.00 50. 1,300.00 See attached TOTAL(Also enter on Line 6,Recapitulation) $ 1,300.00 If more space is needed,use additional sheets of paper of the same size. REV-1511 EX+(10-09) pennsylvania SCHEDULE H DEPARTMENT OF REVENUE FUNERAL EXPENSES AND INHERITANCE TAX RETURN ADMINISTRATIVE COSTS RESIDENT DECEDENT ESTATE OF FILE NUMBER FRED MCGILLVRAY 21 12 0901 Decedent's debts must be reported on Schedule 1. ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: 1. Egger Funeral Home,Newville, PA 2,607.57 B. ADMINISTRATIVE COSTS: 1. Personal Representative Commissions: Name(s)of Personal Representative(s) Jessica L.Nailor 23,975.00 Street Address 122 Buttermilk Road City Newville State Pa ZIP 1724 Year(s)Commission Paid: 2013 2. Attorney Fees: Martson Law Offices(estimated-see attached) 32,500.00 3. Family Exemption:(If decedent's address is not the same as claimant's,attach explanation.) Claimant Street Address City State ZIP Relationship of Claimant to Decedent 4. Probate Fees: Cumberland County Register of Wills 473.50 5 Accountant Fees: 6. Tax Return Preparer Fees: 7. Filing fee, Inheritance Tax Return 15.00 8. Additional Probate Fee 100.00 9. UPS Service 12.80 10. The Sentinel, advertising Letters Testamentary 200.16 11. Cumberland Law Journal,advertising Letters Testamentary 75.00 12. R&W Equipment, appraisal fee 187.50 13. M.Thomas Sheaffer,cattle appraisal 100.00 14. Landex Title Search 6.17 15. Copies for Title Search 19.00 16. Tax Mapping, copies 1.00 17. Certified mailings 23.80 18. S.W. Barrett Real Estate and Appraisal Services,appraisal fee 1,000.00 TOTAL(Also enter on Line 9,Recapitulation) $ 61,896.50 If more space is needed,use additional sheets of paper of the same size. REV-1512 EX+(12-08) pennsylvania SCHEDULE I DEPARTMENT OF REVENUE DEBTS OF DECEDENT, INHERITANCE TAX RETURN MORTGAGE LIABILITIES, & LIENS RESIDENT DECEDENT ESTATE OF FILE NUMBER FRED MCGILLVRAY 21 12 0901 Report debts incurred by the decedent prior to death that remained unpaid at the date of death,including unreimbursed medical expenses. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1. Ag Choice Farm Credit, outstanding balance,term loan 409,057.53 2. Ag Choice Farm Credit,outstanding balance, line of credit 48,860.23 3. Abom& Kutulakis, account payable 5,146.80 4. Agricultural Commodities, Inc., account payable 3,865.09 5. Ag Financial Services,account payable 7,458.44 6. Ed's Custom Milling, account payable 10,911.77 7. Chase Bank, USA,credit card#5550 2,456.33 8. F.M. Brown's Sons, Inc., account payable 10,473.02 9. John Deere Financial,account payable 17,098.85 10. M&T Bank, balance due on installment loan# 12044421120116001 4,169.11 11. Martin's Ag, account payable 4,026.20 12. Triple M Farms,account payable 21,900.72 TOTAL(Also enter on Line 10,Recapitulation) $ 545,424.09 If more space is needed,insert additional sheets of the same size. REV-1513 EX+(01-10) pennsylvania SCHEDULE J DEPARTMENT OF REVENUE BENEFICIARIES INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF: FILE NUMBER: FRED MCGILLVRAY 21 12 0901 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S)RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE I TAXABLE DISTRIBUTIONS [Include outright spousal distributions and transfers under Sec.9116(a)(1.2).) 1. Jessica L.Nailor Collateral 92,192.43 122 Buttermilk Road Newville,PA 17241 ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18 OF REV-1500 COVER SHEET,AS APPROPRIATE. II. NON-TAXABLE DISTRIBUTIONS: A.SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN: 1. B.CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS: 1. TOTAL OF PART 11 - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET. $ If more space is needed,use additional sheets of paper of the same size. ATTACHMENT TO SCHEDULE H, LINE 2 EXPLANATION OF ATTORNEYS' FEES This is a very confusing and convoluted Estate. A Court hearing was required in order to have the Executrix appointed and there are indications that there may be challenges to the Will filed by the children of the Decedent. Legal fees based upon a strict hourly rate are now close to $15,000.00, and it is anticipated that fees will exceed a standard percentage fee schedule. Accordingly,the amount listed on Schedule H for attorneys'fees is approximately$7,000.00 higher than what might normally be charged in handling this Estate. MARTSON LAW'QFFICES Hu ert X. Gilroy, squire Attorney for the state of Fred McGillvrAy v v U V VA n , ' s 7.4 rr OL 3 /,•mss _ _ O 17; 3 a_-I 11 F:`.FILES\Clients\14857 McGibray\14857.1 courturder IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF FRED MCGILLVRAY, Deceased CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-12- 0806 ORPHANS' COURT — — - ORDER AND NOW,this 6`''day of September,2012,the above Estate having come before the Court pursuant to a July 30,2012,Certification of Record to Court by the Clerk of the Orphans' Court,and a Certificate of Service having been filed indicating that Notice of the Hearing in this matter held this date was provided to all heirs and interested parties,and after hearing and taking testimony and admitting certain exhibits to the record, it is ordered and directed as follows: 1. The document filed with the Clerk of the Orphans'Court as the proposed Will of Fred McGillvray dated June 19, 2012, shall be accepted as filed. 2. The Clerk of the Orphans'Court is directed to issue Letters Testamentary in the above Estate appointing Jessica A. Nailor as Executrix. 3. This Order shall not prejudice any party in interest who is aggrieved from the appointment of Jessica A. Nailor as the Executrix and from the acceptance of the June 19, 2012, document for filing by the Register from initiating any appropriate appeals or objections pursuant to 20 Pa. C.S.A. § 908 or any other available appeal or objection. BY THE COURT, The Honorabfe Christylee L. Peck Hubert X. Gilroy, Esquire 10 East High Street Carlisle, PA 17013 Attorney for Petitioner Mr. Eric McGillvray 60 Michelle Way Hanover, PA 17331 A TRUE COPY FROM RECORD =r1 Mr. Kevin McGillvray In T�mony wherol, I hereunto Y 90 ttty hand and the seal 4991 East Prospect Road of NW Court at Carlisle.PA - Q, York, PA 17406 fl �� oc_= psiR of 1M Court a C�o ^�� T i �" CL) Ms. Melany An 2665 Prosperity Avenue, Apt. 302 Fairfax, VA 22031 Ms. Barbara McGillvray 120 Buttermilk Road Newville, PA 17241 Ms. Christine McGillvray c/o Marylou Matas, Esquire 26 West High Street Carlisle, PA 17013 122 Buttermilk Rd . Cumberland County, PA +dtj: i r� k' Copyright 2011 Esri. All rights reserved. Tue Dec 18 2012 10:51:36 AM. 43-05-0415-024 Site Address: 122 BUTTERMILK ROAD Deedbook: 200745778 Owner: MCGILLVRAY, FRED & CHRISTINE Land Use Code: 112 Property Type: A Acreage: 194.1 Square Feet: 1447 Taxable Status: T Clean & Green Status: A Land Assessed Value $: 114400 Building Assessed Value $: 294700 Total Assessed Value $: 409100 Sale Price $: 1 Sale Date: Sun Dec 9 2007 07:00:00 PM Year Built: 1890 Municipality: UPPER FRANKFORD TWP Height in Stories: Type of Dwelling: DETACH Primary Exterior: Aluminum Basement Percentage: 25 Air Conditioning: AC Total Rooms: 6 Bedrooms: 3 Full Bath: 2 Half Bath: 1 < r -7, oat f f( )Gt O PI e. e Dv kfvT T v�b / 1�S�l Tax Parcel No. Part of 43-05-0915-011 THIS INDENTURE Made the a3'� day of J406Lk!911 ,2004, / BET WEEN FREDRICK B. McGILLVRAY and BARBARA B. McGILLVRAY, husband and wife, of 120 Buttermilk Road,Newville,Pennsylvania, 17241,parties of the first part, "GRANTORS", and FRED McGILLVRAY and CHRISTINE McGILLVRAY, husband and wife, of 122 Buttermilk Road,Newville, Pennsylvania, 17241, to an undivided six and five tenths percent(6.5%)interest as Tenants in Common,parties of the second part, "GRANTEES". WITNESSETH, that the GRANTORS, for and in consideration of the sum of One Dollar . ($1.00), lawful money of the United States of America,unto them well and truly paid at and before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened, enfeoffed, released, conveyed and confirmed, and by these presents do grant, barg aid GRANTEES, their heirs and assign Tenants in Common (and as between s e ant by the Entirety), ALL that certain tract of land or farm situate in Upper Frankford Township, Cumberland County,Pennsylvania,more particularly bounded and described as follows: BEGINNING at a stone in the public road along line of property now or formerly of Lenz Miller; thence North three (03) degrees forty-five (45) minutes East, one hundred thirty-two and eight tenths (132.8) perches to a point; thence by land formerly of David Mitten, North fifty-two (52) degrees fifty (50) minutes East, forty-eight and nine tenths (48.9) perches to a fence post; thence by land now or formerly of the said David Mitten and of W. S. Kamarer, North fifty-two (52) degrees East, one hundred fifty-one and two tenths (151.2) perches to a point; thence by lands now or formerly of Samuel Burkhart, South twenty-seven (27) degrees ten (10) minutes East, one hundred seventy-one and four tenths (171.4) perches to a point; thence by land now or formerly of Solomon Bloser, South sixty- nine (69) degrees forty-five (45) minutes West, one hundred forty-three and one tenth (143.1) perches to a stone; thence by the same, South twenty (20) degrees eoox 261 iA-_4257 forty-five(45)minutes West, twenty-three and two tenths (23.2)perches to a stone; thence by land now or formerly of S. P. Yost, South seventy-two(72)degrees thirty (30) minutes West, one hundred six and six tenths (106.6) perches to the point and place of BEGINNING. CONTAINING two hundred four(204)acres and sixty(60) perches and being improved with a two and one-half (2-1/2) story frame house, tenant house,bank barn and various outbuildings. AND BEING an undivided interest in the same premises conveyed by Fredrick B. McGilIvray and Barbara B. McGillvray by deed dated March 5,1993 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book "D", Vol. 36, Page 1197,unto Fredrick B.McGillvray and Barbara B.McGillvray,the grantors herein,as equal tenants in common. TOGETHER with all and singular, the said property, improvements, ways, waters, water courses, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto 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 GRANTORS, in law,equity or otherwise howsoever,of,in and to the same and every part thereof. TO HAVE AND TO HOLD the said hereditament and premises hereby granted or mentioned, and intended so to be, with the appurtenances, unto the said GRANTEES, their heirs and assigns, to and for the only proper use and behoof of the said GRANTEES, their heirs and assigns forever. THIS CONVEYANCE is between parent and child and therefore is exempt from Realty Transfer Tax and the obligation to file a Statement of Value. AND, the said GRANTORS, for their heirs, executors and administrators, does by these presents covenant, grant and agree to and with the said GRANTEES, their heirs and assigns, that the said GRANTORS, and their heirs, all and singular the hereditament and premises herein above described and granted or mentioned, and intended so to be, with the appurtenances, unto the said GRANTEES, their heirs and assigns, against the said GRANTORS, their heirs, and against all and every other person or persons whomsoever lawfully claiming, or to claim the same or any part z c rn w-doK 261 p 4`53 C-, ---<4 o C.J G7 thereof generally shall and will warrant and forever defend. IN WITNESS WHEREOF, the said GRANTORS have to these presents set their hand and seal dated the day and year first above written. WITNESS: I,' ? FREDRICK B.MCGIILyL,VRAY ,90 C/o B PARA B. MCGILLVRAY COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND On this,the q7&1r'4 day of a A r- , 2004, before me, the undersigned officer,personally appeared FREDRICK B. M[CGflkVRAY and BARBARA B. MCGILLVRAY, known to me(or satisfactorily proven)to be the persons whose names are subscribed to the within instrument,and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF,I hereunto set my hand and official seal. COMMONwMALrri OF PI-NNSVLvMwn , Noto seal (SEAL)Nalary Put* rom T%,° C„Ky Notary Public My Cafx*Ww Expifsa Sept 3.2007 Member,Penne,,4vania Assock*on Of Notaries I do hereby certify that the precise residence and complete post office address of the within named GRANTEES is 122 Buttermilk Road,Newville,P 17241. 2004 r Attorney for Grantors Hamilton C.Davis,Esq. PO Box 40 Shippensburg,PA I T257 i t0 be recorded (717)532-5713 �allc� county PA RdK r � 261 PACE4259 "' Recorder of Deeds q9 H ooto 'U'fi C,:, P)eA.1 4- �! rn Tax Parcel No. u_ o E Parr of 43-05_0915-011 N ] U C= Ln THIS INDENTURE cr_ co L. , M Made the 3) day of ,2003, o BETWEEN FREDRICK B. McGILLVRAY and BARBARA B. McGILLVRAY, husband and wife, of 120 Buttermilk Road,Newville,Pennsylvania, 17241,parties of the first part, "GRANTORS", and FRED McGILLVRAY and CHRISTINE McGILLVRAY, husband and wife, of 122 Buttermilk Road,Newville,Pennsylvania, 17241,to an undivided six and five tenths percent(6.5%)interest as Tenants in Common,parties of the second part, "GRANTEES". WITNESSETH, that the GRANTORS, for and in consideration of the sum of One Dollar ($1.00), lawful money of the United States of America,unto them well and truly paid at and before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened, enfeoffed, released, conveyed and confirmed, and by these resents do grantMra'sTennant bar to the id GRANTEES,their heirs and assigns, in Common (and as between them elr interest shall be by the WntiretWv) enants ,OMMM ALL that certain tract of land or farm situate in Upper Frankford Township, Cumberland County, Pennsylvania,more particularly bounded and described as follows: BEGINNING at a stone in the public road along line of property now or formerly of Levi Miller; thence North three (03) degrees forty-five (45) minutes East, one hundred thirty-two and eight tenths (132.8) perches to a point; thence by land formerly of David Mitten, North fifty-two (52) degrees fifty (50) minutes East, forty-eight and nine tenths (48.9) perches to a fence post; thence by land now or formerly of the said David Mitten and of W. S. Kamarer, North fifty-two (52) degrees East, one hundred fifty-one and two tenths (151.2) perches to a point; thence by lands now or formerly of Samuel Burkhart, South twenty-seven (27) degrees ten (10) minutes East, one hundred seventy-one and four tenths (171.4) perches to a point; thence by land now or formerly of Solomon Bloser, South sixty- nine (69) degrees forty-five (45) minutes West, one hundred forty-three and one tenth (143.1) perches to a stone; thence by the same, South twenty (20) degrees eoox 255 PACE3249- forty-five(45)minutes West,twenty-three and two tenths(23.2)perches to a stone; thence by land now or formerly of S. P.Yost, South seventy-two(72)degrees thirty (30) minutes West, one hundred six and six tenths(106.6)perches to the point and place of BEGINNING. CONTAINING two hundred four(204)acres and sixty(60) perches and being improved with a two and one-half(2-112) story frame house, tenant house,bank barn and various outbuildings. AND BEING an undivided interest in the same premises conveyed by Fredrick B. McGillvray and Barbara B. McGillvray by deed dated March 5,1943 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book "D", Vol. 36, Page 1197,unto Fredrick B.McGillvray and Barbara B. McGillvray,the grantors herein,as equal tenants in common. TOGETHER with all and singular, the said property, improvements, ways, waters, water courses, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto 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 GRANTORS,in law, equity or otherwise howsoever,of,in and to the same and every part thereof. TO HAVE AND TO HOLD the said hereditament and premises hereby granted or mentioned, and intended so to be, with the appurtenances, unto the said GRANTEES, their heirs and assigns, to and for the only proper use and behoof of the said GRANTEES, their heirs and assigns forever. THIS CONVEYANCE is between parent and child and therefore is exempt from Realty Transfer Tax and the obligation to file a Statement of Value. AND, the said GRANTORS, for their heirs, executors and administrators, does by these presents covenant, grant and agree to and with the said GRANTEES, their heirs and assigns, that the said GRANTORS, and their heirs, all and singular the hereditament and premises herein above described and granted or mentioned, and intended so to be, with the appurtenances, unto the said GRANTEES,their heirs and assigns,against the said GRANTORS,their heirs,and against all and 2 BOOK 255 PACE3243 every other person or persons whomsoever lawfully claiming, or to claim the same or any part thereof generally shall and will warrant and forever defend. IN WITNESS WHEREOF, the said GRANTORS have to these presents set their hand and seal dated the day and year first above written. WI SS: r rv-VWT- FREDRICK B. MCGILLVRAY a, Y"�) Rn AIA—It-4-BARBARA B. MCGILLVRAY 3 BOOK 255 PACE3244 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND 't -W- On this, thei-)�`day of , 2003, before me, the undersigned officer,personally appeared FREDRICK S MCGILLVRAY and BARBARA B. MCGILLVRAY, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the wi instrument,and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF,I hereunto set my hand and official seal. Notarial seal • Harn ton C.Davis,Notary Public ; erg Boro,Cumberland County Nary ,�,ission expire$SW.27.2004 (SE Member,Pennsylvania Associatinn M Notaries �4Notary IC I do hereby certify that the precise residence and complete post office address of the within named GRANTEES is 122 Buttermilk Road,Newville, PA 7241. -'2003 Att rney fni Grantors Hamilton C.Davis,Esq. P O Box 40 Shippensburg,PA 17257 (717)532-5713 I Certlfy this to be rec"Ae In CunaberAand Cou"ty Recorder of Deeds 4 800K 255 PArF324.5 9c) '02 SAN 29 Phi 3 12 Tax Parcel No. Pmt of 43-{)5-0915-011 THIS INDENTURE Made the psi day of , ,2002, BETWEEN FREDRICK B. McGILLVRAY and BARBARA B. McGILLVRAY, husband and wife, of 120 Buttermilk Road,Newville,Pennsylvania, 17241,parties of the first part, "GRANTORS", and FRED McGILLVRAY and CHRISTINE McGILLVRAY, husband and wife, of 122 Buttermilk Road,Newville,Pennsylvania, 17241,to an undivided six and five tenths percent(6.50/6)interest as Tenants in Common,parties of the second park, "GRANTEES". WITNESSETH, that the GRANTORS, for and in consideration of the sum of One Dollar ($1.00), lawful money of the United States of America,unto them well and truly paid at and before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened, enfeoffed, released, conveyed and confirmed, and by these presents do grant,bargain and sell unto the laid GRANTEES,their heirs and assigns,'if utvided aix d' fi4 tettdis p vent(6.S%)iniW6 ais Tenants in Common (and as between them their interest shall be held as Tenant by the Entirety), ALL that certain tract of land or farm situate in Upper Frankford Township, Cumberland County,Pennsylvania,more particularly bounded and described as follows: BEGINNING at a stone in the public road along line of property now or formerly of Levi Miller, thence North three (03) degrees forty-five (45) minutes East, one hundred thirty-two and eight tenths (132.8) perches to a paint; thence by land formerly of David Mitten, North fifty-two (52) degrees fifty (50) minutes East, forty-eight and nine tenths (48.9) perches to a fence post; thence by land now or formerly of the said David Mitten and of W. S. Kamarer, North fifty-two (52) degrees East, one hundred fifty-one and two tenths (151.2) perches to a point; thence by lands now or formerly of Samuel Burkhart, South twenty-seven (27) degrees ten (10) minutes East, one hundred seventy-one and four tenths (171A) perches to a point; thence by land now or formerly of Solomon Bloser, South sixty- SiU�1t 2.50 1Au« 862 nine (69) degrees forty-five (45) minutes West, one hundred forty-three and one tenth (143.1) perches to a stone; thence by the same, South twenty (20) degrees forty-five(45)minutes West,twenty-three and two tenths (23.2)perches to a stone; thence by land now or formerly of S.P.Yost, South seventy-two(72)degrees thirty (30) minutes West, one hundred six and six tenths (106.6)perches to the point and place of BEGINNING. CONTAINING two hundred four(204)acres and sixty(60) perches and being improved with a two and one-half(2-1/2) story frame house, tenant house,bank barn and various outbuildings. AND BEING an undivided interest in the same premises conveyed by Fredrick B. McGillvray and Barbara B. McGillvray by deed dated March 5,1993 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book "D", Vol. 36, Page 1197,unto Fredrick B.McGillvray and Barbara B.McGillvray,the grantors herein,as equal tenants in common. TOGETHER with all and singular, the said property, improvements, ways, waters, water courses, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto 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 GRANTORS,in law,equity or otherwise howsoever,of,in and to the same and every part thereof. TO HAVE AND TO HOLD the said hereditament and premises hereby granted or mentioned, and intended so to be, with the appurtenances, unto the said GRANTEES, their heirs and assigns, to and for the only proper use and behoof of the said GRANTEES, their heir and assigns forever. THIS CONVEYANCE is between parent and child and therefore is exempt from Realty Transfer Tax and the obligation to file a Statement of Value. AND, the said GRANTORS, for their heirs, executors and administrators, does by these presents covenant, grant and agree to and with the said GRANTEES, their heirs and assigns, that the said GRANTORS, and their heirs, all and singular the hereditament and premises herein above described and granted or mentioned, and intended so to be, with the appurtenances, unto the said GRANTEES,their heirs and assigns,against the said GRANTORS,their heirs,and against all and 2 BOOK 250 :'AGE 863 every other person or persons whomsoever lawfully claiming, or to claim the same or any part thereof generally shall and will warrant and forever defend. IN WITNESS WHEREOF, the said GRANTORS have to these presents set their hand and seal dated the day and year first above written. WITNESS: - 5x, P 14; Fredrick B.McGillvray AiAara R Mc ailivray COMMONWEALTH OF PENNSYLVANIA ss' COUNTY OF CUMBERLAND On this,the?U day of— A--t&4-1!!� 1 2002, before me, the undersigned officer,personally appeared Fredrick B. McGR—flay and Barbara B. McGillvray, known to me(or satisfactorily proven) to be the persons whose names are subscribed to the within instrum acknowledged that he executed some for the purposes therein contained. IN WITNESS WHEREOF,I hereunto set my hand and official seal. NOUVW a" HSAAW X Z Z =%==�res w2 b. k Notary Public A580d0m of I do hereby certify that the precise residence and complete post office address of the within named GRANTEES is 122 Buttermilk Road,Newville,PA 17241. 2002 Attorney or Grantors t*1V 3 BOOK 250 'AGE 864 '33o5 l4 D Q v ref I : uE� T P. ZIEGLER RECORDER OF'DEEDS CUMBERLAND COl1NTY-PA '01 FEB 7 HI 3 20 Tax Parcel No. Part of 43-Q5-o41 5-011 THIS INDENTURE Made the 701 day of 2001, BETWEEN FREDRICK B. McGILLVRAY and BARBARA B. McGILLVRAY,husband and wife, of 120 Buttermilk Road,Newville,Pennsylvania,17241,parties of the first part, "GRANTORS", and FRED McGILLVRAY and CHRISTINE McGILLVRAY,husband and wife, of 122 Buttermilk Road,Newville,Pennsylvania,17 241,to an undivided five and seven tenths percent(5.7%)interest as Tenants in Common,parties of the second part, "GRANTEES". WITNESSETH,that the GRANTORS,for and in consideration of the sum of One Dollar (S 1.00),lawful money of the United States of America,unto them well and truly'paid at and before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened, enfeoffed,released, conveyed and confirmed, av 1 y ese presents do grant, and sell unto the said GRANTEES,their heirs and assigns,an tired in l (S:1*) Is Tenants in Common (and as between them their interest shall be as Tenant by the Entirety), ALL that certain tract of land or farm situate in Upper Fninkford Township,Cumberland County,Pennsylvania,more particularly bounded and described as follows: I BEGINNING at a stone in the public road along line of property now or formerly of Levi Miller; thence North three (03) degrees forty-five (45) minutes East, one hundred thirty-two and eight tenths (132.8) perches to a point; thence by land formerly of David Mitten, North fifty-two (52) degrees fifty (50) minutes East, forty-eight and nine tenths(48.9)perches to a fence post; thence by land now or formerly of the said David Mitten and of W. S. Kamarer, North fifty-two (52) degrees East, one hundred fifty-one and two tenths (151.2) peaches to a point; thence by lands now or formerly of Samuel Burkhart, South twenty-seven (27) degrees ten (10) minutes East, one hundred seventy-one and four tenths (171.4) perches to a point;thence by land.now'or'formerly of Solomon Bloser, South sixty- 239 PACE 257 z. s nine (69) degrees forty-five (45) minutes West, one hundred forty-three and one tenth (143.1) perches to a stone; thence by the same, South twenty (20) degrees forty-five(45)minutes West,twenty-three and two tenths(23.2)perches to a stone; thence by land now or formerly of S.P.Yost,South seventy two(72)degrees thirty (30)minutes West, one hundred six and six tenths(106.6)perches to the point and place of BEGINNING. CONTAINING two hundred four(204)acres and sixty(60) perches and being improved with a two and one-half(2-112) story Rene house, tenant house,bank barn and various outbuildings. AND BEING an undivided interest in the same premises conveyed by Fredrick B. McGillvray and Barbara B. McGillvray by deed dated March 5,1993 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Decd Book "D", Vol. 36, Page 1197,unto Fredrick B.McGillvray and Barbara B.McGillvray,the grantors herein,as equal tenants in common. TOGETHER with all and singular, the said property, improvements, ways, waters, water courses, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto 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 GRANTORS,in law,equity or otherwise howsoever,of,in and to the same and every part thereof. TO HAVE AND TO HOLD the said hereditament and premises hereby granted or mentioned, and intended so to be, with the appurtenances, unto the said GRANTEES, their heirs and assigns, to and for the only proper use and behoof of the said GRANTEES, their heirs and assigns forever. THIS CONVEYANCE is between parent and child and therefore is exempt firm Realty Transfer Tax and the obligation to file a Statement of Value. AND, the said GRANTORS, for their heirs, executors and administrators, does by these presents covenant, grant and agree to and with the said GRANTEES, their heirs and assigns,that the said GRANTORS,and their heirs, all and singular the hereditament and premises herein above described and granted or mentioned, and intended so to be, with the appurtenances, unto tlu said GRANTEES,their heirs and assigns,against the said GRANTORS,their heirs,and against all and 2 Boat X39 FACE ctf$ every other person or persons whomsoever lawfully claiming, or to claim the same or any part thereof generally shall and will warrant and forever defend. IN WITNESS WHEREOF,the said GRANTORS have to these presents set their band and seal dazed the day and year first above written. WIT of Fredrick B.McGillvray Barbara B.McGillvray COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND On this,the Z%I day of & 2001,before me,the undersigned officer,personally appeared Fredrick B. McGillvray and Elarbara B. McGillvray, known to me (or proven)to be the persons whose names are subscribed to the within instrument,and SCIrno that he executed same for the purposes therein contained, li IN WITNESS WHEREOF,I hereunto set my hand and official seal. f II�sppHsswl f�.wi ?f, hMma.r,w�rrgtww A�oo>sMona�arw . Notary Public I do hereby certify that the precise residence and complete post office address of the within named QRANTEES is 122 Buttermilk Road,Newvillq,PA 7241. 2001 Attorney for Cbydn*Is State of Pennsylvania I � County of Cumberland] RecordW In the office for the recording of D"de e nd for beriend County,P =Vok"' Page my hand t:day ice : 3 Carlisis,PA this d of LVW ME 259 rT%M 239 RECOCK: l"r ; EEDS T_"AA,e e N-: 4;-oc-o419'-•11 - AMBERU.';- ,(AIIIFV-rA (69.) '00 AN 5 Rol 9 37 T $ = 8 I N D ! N T U R i Made the 4 t day of 2000, B E T W E E N FREDRICK S. McGILLVRAY and BARBARA B.the MCGILLVRAY, husband and wife, of 1 Buttermilk Road, Newvills, Pennsylvania, 17241, parties of the first part, "GRANTORS", a n d FRED MCGILLVRAY and CHRISTINE McGILLVRAY, husband and wife, of 122 Buttermilk Road, Newville, Pennsylvania, 17241, to an undivided mix percent (6%) interest as Tenants in Common, "GRANTEES". WITNESSETH, that the GRANTORS, for and in consideration of the sum of One Dollar ($1.00), lawful money of the United States of America, unto them well and truly paid at and before the sealing and delivery hereof, the receipt whereof is hereby 111 acknowledged, have granted, bargained, sold, aliened, enfeoffed, released, conveyed and confirmed, d presents do grant, bargain A[1 i. tMee their heirs and assigns, an t 1+14011 AILIN[ as Tenants in Common (and as`bettrleen them�the�irinterest +shall be held as Tenant by the Entirety); ALL that certain tract of land or farm situate in Upper Frankford Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a atone in the public road along line of property now or formerly of Levi Miller; thence North three (03) degrees forty-five (45) minutes East, one hundred thirty-two and eight tenths (132.8) perches to a Point; thence by land formerly of David Mitten, North fifty-two (52) degrees fifty (50) minutes East, forty- eight and nine tenths (48.9) perches to a fence poet; thence by land now or formerly of the said David Mitten and of w. S. Kamarer, North fifty-two (52) degrees East, one hundred fifty-one and two tenths (151.2) perches to a point; thence by lands now or formerly of Samuel Burkhart, South twenty-seven (27) degrees ten (10) minutes East, one hundred seventy-one and four tenths (171.4) perches to a Ul,vt. 2� I 5�0 e points thence by land now or formerly of Solomon Bloser, South sixty-nine (69) degrees forty-five (45) minutes West, one hundred forty-three and one tenth (143.1) perches to a atone; thence by the same, South twenty (20) degrees forty-five (45) minutes West, twenty-three and two tenths (23.2) perches to a atone; thence by land now or formerly of S. P. Yost, South seventy-two (72) degrees thirty (30) minutes West, one hundred six and six tenths (106.6) perches to the point and place of BEGINNING. CONTAINING two hundred four (204) acres and sixty (60) perches and being improved with a two and one-half (2-1/2) story frame house, tenant house, bank barn and various outbuildings. AND BEING an undivided interest in the same premises conveyed by Fredrick B. McGillvray and Barbara B. McGillvray by deed dated March 5,1993 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book "D•, Vol. 36, Page 1197, unto Fredrick B. McGilivray and Barbara S. McGillvray, the grantors herein, as equal tenants in common. TOGETHER with all and singular, the said property, r .. improvements, ways, waters, water courses, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto 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 GRANTORS, in law, equity or otherwise howsoever, of, in and to the same and every part thereof. TO HAVE AND TO HOLD the said hereditament and premises hereby granted or mentioned, and intended so to be, with the appurtenances, unto the said GRANTEES, their heirs and assigns, to and for the only proper use and behoof of the said GRANTEES, their heirs and assigns forever. THIS CONVEYANCE is between parent and child and therefore is exempt from Realty Transfer Tax and the obligation to file a Statement of Value. AND, the said GRANTORS, for their heirs, executors and administrators, does by these presents covenant, grant and agree to and with the said GRANTEES, their heirs and assigns, that the said GRANTORS, and their heirs, all and singular the 2 y 6UUK 52A hereditament and premises herein above described and granted or th t e said aGRANTggg en heir oheirseand with as igns, against the said GRANTORS, their heirs, and against all and every other person persons whomsoever lawfully claiming, or to claim the same or any part thereof generally shall and will warrant forever defend. and IN WITNESS WHEREOF, the said GRANTORS have to these presents set their hand and seal dated the day and year first above written. WITNESS: Fredrick e. McGilly SEAL) Harbara B. McGillvray ) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ea. On this, the �I day of 3 M., before me, the undersigned officer, 2000, Fredrick B. McGillvray and Barbara B. McGipllvra ally seared (or satisfactorily proven) to be the persons whose enamesoare subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. seal.IN WITNESS WHEREOF, I hereunto set my hand and official SEAL) a Notary Public sR 3 .. buua 214 [Ac 522 I do hereby certify that the precise residence and complete post office address of the within named GRANTEES is 122 Buttermilk Road, Newville, PA 17241. 2000 Attorney for COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Be. RECORDED on this i-^ —L__ day of A.D. 2000, in the Recorders Office of sai ounty, in Deed Book a,�1, Vol. , Page , Given under my hand and the seal of the said office, the date above written. ;;tr-.;_1.,. ;:'•� 5 A: 4 �ou� 214 NNE 5ti3 `fy q3U - T H I S I N D E N T U R E K� Made the n day of 1999, B E T W E E N FREDRICK B. McGILLVRAY and BARBARA B. McGILLVRAY, husband and wife, of 120 Buttermilk Road, Newville, Pennsylvania, 17241, parties of the first part, "GRANTORS", a n d FRED McGILLVRAY and CHRISTINE McGILLVRAY, husband and wife, of 122 Buttermilk Road, Newville, Pennsylvania, 17241, to an undivided six percent (61k) interest as Tenants in Common, "GRANTEES". WITNESSETH, that the GRANTORS, for and in consideration of the sum of One Dollar ($1.00), lawful money of the United States of America, unto them well and truly paid at and before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, have granted, bargained, Bold, aliened, enfeoffed, released, conveyed and confirmed, and by these presents do grant, barga - I2 <Vptyr their heirs and assigns, A ubdLv Aed six peza*at (0) igteri&t as Tenants in Common (and as between them their interest shall be held as Tenant by the Entirety) , ALL that certain tract of land or farm situate in Upper Frankford Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a stone in the public road along line of property now or formerly of Levi Miller; thence North three (03) degrees forty-five (45) minutes East, one hundred thirty-two and eight tenths (132.8) perches to a point; thence by land formerly of David Mitten, North fifty-two (52) degrees fifty (50) minutes East, forty- eight and nine tenths (48.9) perches to a fence poet; thence by land now or formerly of the said David Mitten and of W. S. Kamarer, North fifty-two (52) degrees East, one hundred fifty-one and two tenths (151.2) perches to a point; thence by lands now or formerly of Samuel Burkhart, South twenty-seven (27) degrees ten (10) minutes East, one hundred seventy-one and four tenths (171.4) perches to a i�ru, 213 FAGU120 point; thence by land now or formerly of Solomon Bloser, South sixty-nine (69) degrees forty-five (45) minutes West, one hundred forty-three and one tenth (143.1) perches to a stone; thence by the same, South twenty (20) degrees forty-five (45) minutes West, twenty-three and two tenths (23.2) perches to a stoner thence by land now or formerly of S. P. Yost, South seventy-two (72) degrees thirty (30) minutes West, one hundred six and six tenths (106.6) perches to the point and place of BEGINNING. CONTAINING two hundred four (204) acres and sixty (60) perches and being improved with a two and one-half (2-1/2) story frame house, tenant house, bank barn and various outbuildings. AND BEING an undivided interest in the same premises conveyed by Fredrick B. McGillvray and Barbara B. McGillvray by deed dated March 5,1993 and recorded in the office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book "D", Vol. 36, page 1197, unto Fredrick B. McGillvray and Barbara B. McGillvray, the grantors herein, as equal tenants in common. TOGETHER with all and singular, the said property, improvements, ways, waters, water courses, rights, liberties, privileges, hereditamenta and appurtenances whatsoever thereunto 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 GRANTORS, in law, equity or otherwise howsoever, of, in and to the same and every part thereof. TO HAVE AND TO HOLD the said hereditament and premises hereby granted or mentioned, and intended so to be, with the appurtenances, unto the said GRANTEES, their heirs and assigns, to and for the only proper use and behoof of the said GRANTEES, their heirs and assigns forever. THIS CONVEYANCE is between parent and child and therefore is exempt from Realty Transfer Tax and the obligation to file a Statement of Value. AND, the said GRANTORS, for their heirs, executors and administrators, does by these presents covenant, grant and agree to and with the said GRANTEES, their heirs and assigns, that the said GRANTORS, and their heirs, all and singular the 2 euox 213 r„c�iiwl hereditament and premises herein above described and granted or mentioned, and intended so to be, with the appurtenances, unto the said GRANTEES, their heirs and assigns, against the said GRANTORS, their heirs, and against all and every other person or persons whomsoever lawfully claiming, or to claim the same or any part thereof generally shall and will warrant and forever defend. IN WITNESS WHEREOF, the said GRANTORS have to these presents set their hand and seal dated the day and year first above written. WITNESS: �c� Fredrick B. McGillvr� �) arbara B. McGillvray COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERLAND es. On this, the -2-4 day of lZy before me, the undersigned officer, 1999, Fredrick B. McGillvray and Barbara B. McG illy ay 1 knowappeared o e for satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. seal.IN WITNESS WHEREOF, I hereunto set my hand and official otary Public (SEAL) �bfs.+000 r 3 auox 213 r4u;1122 I do hereby certify that the precise residence and complete poet office address of the within named GRANTEES is 122 Buttermilk Road, Newville, PA 17241. �f.0• Z2 1999 � Ar7T� Atto ney for COMMONWEALTH OF PENNSYLVANIA so. COUNTY OF CUMBERLAND RECORDED on this � day of A.D. 1999, in the Recorder's Office of said County, in Deed Book Vol. ,! Page Given under my hand and the seal of the said office, the date above written. Recorder CJ QZ N „ 0 7• U 6: L„ m o a v� 4 eou� 213 P.,GdJ23 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE MCGILLVRAY V. FRED MCGILLVRAY Np 2010-3054 DIVORCE DECREE AND NOW, 0"P , it is ordered and decreed that CHRISTINE MCGILLVRAY plaintiff, and FRED MCGILLVRAY defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") A Marital Settlement Agreement is incorporated into but not merged with the Divorce Decree. By t Attest: j Lo( 6L Prothonotary CHRISTINE MCGILLVRAY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-3054 CIVIL TERM CIVIL ACTION - LAW FRED MCGILLVRAY, Defendant IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this j--- day of 2012, by and between Fred McGillvray, (HUSBAND) and Christine McGillvray, (WIFFg WITNESSETH: WHEREAS, the parties were married on January 26, 1975, in Bloserville, Pennsylvania. WHEREAS, HUSBAND and WIFE are the parents of three adult children. WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of the HUSBAND and WIFE to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification; the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property, settling of all matters between them relating to the past,present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of custody matters and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NONN',ri THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to jc molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE has filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any, and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted. by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree,judgment or order of divorce be obtained by either oi'the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; nothing in any such decree,judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATES: The transfer of property, funds and/or documents provided for herein, shall only take place on the distribution date, which shall be defined as the effective date of this Agreement, unless otherwise provided for herein, including any spousal support and/or alimony payments. 7. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widows or widowers rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouses will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: The provisions of this agreement and the legal effect have been fully explained to the parties by the respective counsel, Marylou Matas, Esquire, counsel for WIFE and Michelle Sommer, Esquire, counsel for HUSBAND. The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respect financial situations to the other including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, asset, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge; that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and bold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. REAL PROPERTY: The parties are the joint owners of real property located atl 22 Buttermilk Road, Newville, Cumberland County., Pennsylvania (the "property"). There are outstanding mortgage(s)/note(s)/lien(s)/judgment(s) due on this property, primarily due and owing to AgChoice Farm Credit. Currently, the outstanding obligations to AgChoicc are a line of credit: with an approximate balance due of$55,000 and a note with an approximate balance due of$417,000. In addition, 14USBAND owns and operates a dairy business from the property, and may have incurred other debts since the date of separation which are or will be recorded as liens against the real estate. HUSBAND intends to retain the property as his sole and separate property fi-ce of all claim of right, title, or interest of WIFE. From the date of separation forward, HUSBAND shall maintain responsibility for all mortgages/notes/judgments/liens due and owing for this property and for the business associated with this property and shall make payment to the creditors on a consistent basis, as required. HUSBAND shall maintain responsibility for all taxes, insurance and utilities, as well, from the date of separation forward, for this property and for the business associated with the property. HUSBAND shall transfer all utility accounts into his individual name within ten (10) days of the execution of this Agreement. HUSBAND shall indemnify WIFE and hold her harmless from all collection activity whatsoever related to the property and the debt associated with it. For her interest in the property, WIFE or WIFE's estate shall receive the surn of TWO HUNDRED NINETY-SIX THOUSAND SEVENTEEN DOLLARS AND 00/100 ($296,017.00). 14USBAND shall make the payment to WIFE in the following installments: a. WIFE has received a payment of$6,017 on or about April 10, 2012; 'WIFE shall receive NINETY THOUSAND DOLLARS AND 00/100 ($90,000) upon the sale of the real estate located at 265 West Ridge Street, Carlisle, PA; Settlement is anticipated to occur no later than May 15, 2012. In the event the property does not close when scheduled, HUSBAND shall commence monthly payments to WIFE in the amount of ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00) DOLLARS and 00/100 per month, beginning June 5, 2012 and continuing every month thereafter until either the property at 265 West Ridge Street, Carlisle,PA sells or until the $90,000 is paid in full to WIFE. In the event the property is sold while HUSBAND is making payments to WIFE, the payments HUSBAND has made shall be deducted from the remain.ing balance due at settlement. HUSBAND's monthly payments to WIFE shall not be considered alimony but are equitable reimbursement. HUSBAND's monthly payments shall be paid to WIFE on the fifth day of each month to her home address. HUSBAND's mother owns the real estate at 265 West Ridge Street, Carlisle, PA and has listed the property for sale, as referenced above. b. WIFE shall receive $100,000 at the five year anniversary of execution of this Agreement, with interest at the rate of 10%per annum if not paid by the 5 year anniversary (to begin interest at 5 years I day); c. WIFE shall receive the final $100,000 payment upon the ten year anniversary of the execution of this Agreement with interest at the rate of 10%per annum if not paid by the 10 year anniversary(to begin interest at 10 years I day). In the event HUSBAND fails to make any of the above listed installment payments when due, or in the event that HUSBAND fails to make two consecutive mortgage/note payments due and owing to the creditor prior to any refinancing or assumption of the loans to remove WIFE's name as a responsible party, WIFE shall have the immediate right to list the property located at 122 Buttermilk Road, Newville, Cumberland County, Pennsylvania for sale with a realtor/bank/third party of her choosing. WIFE shall be responsible for all aspects of sale, including determining the appropriate sale price, reducing the sale price if appropriate and signing a list and sales agreement. From the proceeds, all reasonable settlement costs and outstanding mortgages referenced herein due to AgChoice shall be paid. WIFE or WIFE's estate shall be reimbursed her outstanding payment due from paragraphs I I(a)through (d). In addition, if WIFE has contributed to the maintenance or payment of the property in anticipation of sale, WIFE shall be reimbursed those costs. Remaining proceeds shall be distributed to HUSBAND or HUSBAND's estate. HUSBAND shall make all attempts to remove WIFE's name as a responsible party on all loans/notes/mortgages/lines of credit and debts associated with the real property and business pending the 10 year anniversary payment referenced in 11(d) herein. HUSBAND shall cooperate with AgChoice to file all such documents as they request in a timely manner regarding the operation of the business and the plan to repay the loans. If there is an opportunity to remove WIFE's name from all or any of the loans, HUSBAND shall take such opportunity when it first presents itself. In the event HUSBAND fails to make two consecutive mortgage/lien/judgment payments, WIFE shall have the right to transfer the property to her name individually. In that event, WIFE shall have the option to sell or maintain the property as she chooses. In the event WIFE chooses to list the property for sale, she will list it at fair market value and WIFE or WIFE's estate shall receive from settlement all amounts due to her under this Agreement, after payment of the mortgage and reasonable settlement costs. WIFE shall be reimbursed any costs she added to the property to maintain it pending sale or refinance. The remaining proceeds shall be transferred to HUSBAND or his estate. WIFE will sign a Deed transferring all right, title, and interest in the property to HUSBAND. The Deed shall be held in escrow by WIFE's counsel and shall only be released recording upon HUSBAND's successful refinance of the property or other removal of her name as a responsible party on all of the loans. Pending HUSBAND's refinance of the mortgage/notes, and the final installment payments, HUSBAND shall not do anything which shall restrict WIFE's access to information with regard to the mortgage and notes. If requested HUSBAND shall sign documents necessary to authorize the financial institution(s) to release information to WIFE regarding HUSBAND's payment history on the above listed mortgage(s) and note(s) for which she is listed as a responsible party. HUSBAND shall sign those documents within 10 days of being requested to do so. 12. PERSONAL PROPERTY: Except as otherwise specified in this Agreement, the parties have divided between them, to their mutual satisfaction, all personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. 13. MOTOR VEHICLES: Commencing on the date of execution of this Agreement, WIFE shall retain possession of, as her separate property, the 2005 Nissan Murano, currently titled in WIFE's name. HUSBAND shall retain possession of, as his sole and separate property, the Dodge pickup truck, the 1997 Corvette, which has been sold by HUSBAND since the date of separation, and all vehicles used for his business, currently titled in HUSBAND's name. Except as otherwise provided for in this Agreement, from the date of separation, the party having use and possession of an automobile shall be solely responsible for all expenses associated with the automobile, including, but not limited to, any sales or other taxes relating to the transfer, insurance, maintenance, gasoline, and liens and/or loans and shall indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them. The parties agree to execute any and all documents necessary to give effect to this provision within seven (7) days of a request by the other. 14. BANK ACCOUNTS: HUSBAND and WIFE have owned various accounts during their marriage in both their individual and joint names which have been divided between them to their mutual satisfaction. 15. PENSIONS, ANNUITIES AND/OR RETIREMENT BENEFITS• Each party has individual retirement accounts (IRAs) held by various financial institutions. WIFE shall retain ownership of her IRAs as her sole and separate property. HUSBAND waives all right, title and interest in and to said account. HUSBAND shall retain ownership of his IRAs as his sole and separate property. WIFE waives all right, title and interest in and to said account. 16. STOCKS AND BONDS AND INVESTMENT ACCOUNTS: Neither party has any interest in any stock, bond or investment account. 17. DEBTS: The parties have accumulated debt during their marriage in both their individual and joint names. HUSBAND shall be responsible for the M&T line of credit, with a current approximately balance of $4,960, and shall make all monthly payments as they are due. HUSBAND shall indemnify and hold WIFE harmless against any liability :resulting from his failure to make payments as prescribed herein. HUSBAND shall immediately close the line of credit and shall take no further action to increase the debt limit so as to further obligate himself or WIFE to further debt with this creditor in the parties' names jointly. In addition, HUSBAND shall be responsible for and shall fully assume the balances on any and all debts that are currently in his name alone. HUSBAND shall indemnify and hold WIFE harmless against any liability resulting from his failure to make payments as prescribed herein. WIFE shall maintain responsibility for their daughter's AES student loan Parent Plus debt, and shall make all such monthly payments as they are due. WIFE shall be responsible for and shall fully assume the balances on any and all debts that are currently in her name alone. WIFE shall indemnify and bold HUSBAND harmless against any liability resulting from her failure to make payments as prescribed herein. A liability not specifically disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same become(s) due, and to indemnify and hold the other party and his or her property harmless for any and all such debts, obligations and liabilities. From the date of the execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to not use any credit card or other debt instrument for which the parties have joint liability or any potential liability. The parties agree to cooperate in closing any accounts which provide for joint liability. WIFE agrees that she shall not contract or incur any debt or liability for which HUSBAND or his property or estate might be responsible and shall indemnify and save HUSBAND harmless from any and all claims or demands made against HUSBAND by reason of debts or obligations incurred by WIFE. HUSBAND agrees that he shall not contract or incur any debt or liability for which WIFE or her property or estate might be responsible and shall indemnify and save WIFE harmless from any and all claims or demands made against WIFE by reason of debts or obligations incurred by HUSBAND. 18. LIFE INSURANCE: HUSBAND shall maintain a life insurance policy, naming WIFE as the beneficiary, in the amount of 5300,000 as of the date of execution of this Agreement. HUSBAND may decrease the death benefit as each interim payment is made, as referenced in paragraph 11. Therefore, upon the second installment payment, HUSBAND may decrease death benefit, and so on. HUSBAND shall provide proof of t I be policy, premium payments, and proof of beneficiary. Each party waives any right, title and interest they may have in the life insurance of the other party. In the event that either party owns life insurance, they may continue to own such policies and may change beneficiaries. 19. HEALTHINSURANCE: At the signing of execution of this Agreement, each party currently provides individual health insurance coverage for themselves. From the date of execution of this Agreement, each party shall be responsible for their own individual unreimbursed medical expenses, 20. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands,past,present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs. 2t AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though be or she were unmarried. 22. INCOME TAX: The parties have heretofore filed joint Federal, State and/or local income tax returns. Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. In the event the deficiency is the result of an oversight, error or mistake, the parties agree that any resulting tax, interest, penalty or expense shall be shared equally by the parties. 23. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the Act) specifically, the provisions of said Act pertaining to the transfers of property between spouses and forn-ier spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 24. BILL OF SALE: This Agreement shall constitute a sufficient bill of sale to evidence the transfer of property between the parties as stated herein. 25. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 26. BREACH: If either parry breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 27. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, � � dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver ar.y and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests,rights and claims. 28, ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 29. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 30. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 31. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 32. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 33. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party, has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of M - I execution of this Agreement that was not disclosed to the other party or his-or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. 34. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same fornlality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 35. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in detennining the rights or obligations of the parties. 36. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. Wit Christine McGillvray ���� Witness Fred McGillvray v r COMMONWEALTH OF PENNSYLVANIA COUNTY OF &t(/1 r ( : SS. On this, the kIdday of iL-�� 2012, before me a Notary Public, personally appeared Christine McGillvray, known to e to be the person whose name is subscribed to the within Marital Settlement Agreement an acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set Wublic 1. COMMONWEALTH OF PENNSYLVANIA�ri°l seW Tammle L.Peters,Notary Pubk Carlwe Born,Cumberland County MyComm1ss1wB0mSepL9,2013 MEMBER.PENNSYLVANIA ASSMATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF L4l-j)13 �2Lq�v ul On this, day of /Z— 2012, before me a Notary Public, personally appeared Fred McGillvray, known to me to be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. /�—j�— d, I — Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Deborah L Ryan,Notary Public Carlisle Borough,Cumberland County My commission expires June 11,2014 © M&TBank 499 Mitchell Road,Millsboro,DE 19966 Adjustment Services Phone 888-502-4349 F ax (302)934-2955 Martson Law Offices October 3,2012 10 East High Street Carlisle, PA 17013 Re: Estate of Fred McGillvray Social Security: 168-48-3225 Date of Death: July 10, 2012 Dear Sir or Madam: Per your inquiry on September 24, 2012,please be advised that at the time of death, the above-named decedent had on deposit with this bank the following: 1. Type of Account Checking Account Account Number 9839437069 Ownership(Names o)) Fred McGillvray Jessica L.Nailor(POA) Opening Date 03/292010 Balance on Date of Death $27.99 Accrued Interest $ .00 Total $27.99 2. Type of Account Installment Loan Account Number 12044421120116001 Ownership("Names of) Christine McGillvray(Borrower) Fred McGillvray(Co-Borrower) Opening Date 02262001 Balance on Date of Death $4169.11"This amount is not to be used for payoff purposes. For a payoff balance,please call 1-800-724-2440 Current Balance $ 4169.11 **This balance is not a payoff balance For any additional information on the above accounts,including ownership and any changes,closures and/or reimbursement of funds, please call the Stonehedge at 717-2404524. We were unable to locate any safe deposit box for the above-mentioned decedent. This letter does not include any accounts in which the deceased may have been listed as Power of Attorney,Custodian of Uniform Transfers, Representative Payee,or Trustee under a Written Agreement. Sincerely, Valarie Mercer Adjustment Services HUNTSDALE STOCK FARMS M. Thomas Sheaffer 130 LEBO ROAD,CARLISLE,PA 17015 PHONE 717-486-5112 • FAX 717-486-4311 DATE. I_- 5- KIN-V Atli ty - NUM ER DESCRIPTION AMOUNT 1 (46 1 � t AM 4-- (Owned, 1 e I a4r- Red In e6' Lv-v-.4 REMARKS: TOTAL 615s-0- 00 ALL-SALES FINAL,CLEAR AND FREE OF ALL CATTLE,SEMEN AND MERCHANDISE LISTED ABOVE 12/20/2012 16:43 7172430244 R W EQUIPMENT CO PAGE 02 R W EQUIPMENT CO 2510 RITNER HIGHWAY CARLISLE, PA 17015 EQUIPMENT APWRAISAL f"or JOHN DEERE 337 BLR&30 EJECTOR 3500 JOHN DEE RE 3010 TRACTOR W/YEAR ROUND CAB 3250 JOHN DEI RE 1219 MOCO 1200 3 BALE KING WAGONS 1800.00 EACH 54W 2 DILLER 8X 1 B WA GONS 2000.00 EACH 4000 1 DILLER 8X 20 WAGON 2200 14'BRILLION CULTIPACKER W/TRANSPORT 3500 JOHN DEERE 635 ROCK FLEX W/TANDEM DUALS 3500 JOHN DEERE 4030 T RACTOR QUADRANGE 8500 NEW HOLLAND H7230 DISCBINE 18000 DILLER TANK SPREADER _ 35W JOHN DEERE 4440 TRACTOR 2/WD CAB POWERSHIFT 18000 JOHN DEERE 4250 TRACTOR 2AND CAB POWERSHIFT 25000 JOHN DEERE 75010'DRILL DOLLY WHEEL GRASS ATT, 10000 3 MILLER PRO FRG_ BOXES 5200 ON TANDEM GEAR 6500.00 EA. 19500 195 NEW HOLLAND SPREADER $000 JOHN DEERE 3050 HARVESTER W/IRONGAURD 2 ROW&P/U 4500 JOHN DEERE 1750 PLANTER 8/ROW FRM CLTRS Ltd FAjcr. 19000 GEHL 860 HARVESER S HEADS 1200 JOHN DEERE 336&30 = 1800 JOHN DEERE 852 3PT RAKE: 500 VANDALE MANURE PUMP 42 LAGOON 9500 MEYERS 8 X18 SALE WAGON 1200 643 BOBCAT SSL 4200 CORN PRO DUMP TRAILER 6250 38'ELEVATOR am JOHN DEE RE 150 BLOWER 200 TOTAL 183,400.00 �!�'��yrlPir✓�1/(;�(u,Gt 6��� dry ��Glttl � r 2002 Dodge Ram 3500 Quad Cab Long Bed Trade In Values - Kelley Blue Book Page 1 of 3 1 ZIP CODE.172411 Sign in for Sign up) horne I car values I cars for sate I car reviews kbb top picks I research toots Popular at KBB.com THE 2012 RAM 3500 HEAVY DUTY The 40 rnpg Cars of'_2013 a Cvt=rti,s-inenP Skriv nGS� Home>Car Values> Dodge'> Nam 3500 Quad Cab> 2002 > option,> Long tied Dodge Ram 3500 Quad C. 2002 go Your Blue Book®Value Shot:Used tar Prices i Price Your Neyt Car 2002 Dodge Ram 3500 Quad Cab Style: Long Bed 'Ifl� IhI edit options ;change stye Mileage: 200000 change Like 1 this car Trade-in Value Private Party Value when trading in at a dealership when selling the car yourself taws Print Report THE 2013 RAM t AHE AD THROW YOUR WEIGHT AROUND Excellent $7,374 Shop for your next car price a new car Very Good $7,049 Good Instant Trade-In Offer get the otter Cumberland Valley Motors Dodge $6,899 awAWM Fair New 2013 Celebrating Challenger SXT $6,124 Sett your current car place an ad 40+Years of Excellence Verify Condition -Since 1971 Values valid until Be the first to know 02/07/2013 when values change follow this car (updated weekly) . aeve,tlrzment �ahy ads? Helpful resources from kbb.com �- 22,750-LDfitMJIB Write a Review Check Specs Sell Your Car 30.11048 MAX GM Own it?Love it�'I ell us, Know your car inside Use our ih,°Tools, and rut 11, a l�l iilf Search Cars for Sale Get a Used Car Report " °II ' near Newville Dodge Ram 3500 Truck Get the Information You Need on This 2002 Dodge Before You Buy search c•eri: :nem. ri,y acs% Infer E�IrV(o72tior2aJ) ge No VIN?No Problem!Buy an UNLIMLTED report today and run VINs as you research. Recently Viewed Car,, My SaveCl C,ar5 Save Car http://Www.kbb.com/dodge/ram-3 500-quad-cab/2002-dodge-ram-3 500-quad-cab/long-bed 19... 2/7/2013 2001 Dodge Durango SLT Sport Utility 4D Trade In Values - Kelley Blue Book, Page 1 of 3 Q ZIP CODE:172411 Sign in(or Sign up) hone I car values I cars for sale I car reviews [ kbb top picks I research tools AS SKCWN$�ff" Its, Popular at KBB.conn '• ©Lg4�iFi� Etp roa"Af#ft5EPV*E* : Tlir_Ott rnpq Ccwi of:�013 #Soo pav*04EEY OF'romVVE' �=era�srs;rrluM,a�$28,89 aarertiv;:nenY vrl'rr n:L> Home> Car Values> Dodge> Durango>2001 >Style>Options>SLT Sport Utility 4D Dodge Durango 2001 go Your Blue Book B Value Show Used Car Prices I Price Your Next tar .........................._. 2001 Dodge Durango Style: SLT Sport Utility 4DI 5 'ia L edit options 'change stv'e Mileage: 100000 change LIe. _2 this car Trade-in Value Private Party Value r�} when trading in at a dealership when selling the car yourself !�Y Print Report Excellent f'Yf3':ISt^ii1C'nt :"n'v ad.' $2,905 Shop for your next car price a new car Very Good $2,755 x; t>;K x, Instant Trade-In Offer Cumberland Valley Motors Dodge Good get the offer nz we $2,655 _ New 2013 Fair Celebrating Challenger SIFT $2,155 aa+v�ars Sell your current car place an ad of Excellence Verify Condition Since 1971 Values valid until Be the first to know 02/0e 2oi3 when values change follow this car (updated weekly) Helpful resources from kbb.com Write a Review Check Specs Sell Your Car New Cars You Might Like C)::n iE'Low,it,,..ill us. Know your car inside Uw Our..l_3Iu&Tool'. and out. 2013 Dodge Durango Search Cars for Sale Get a Used Car Report view near Newville <033 Ford Euplc3er - Get the Information You Need on This I� '- Dodge Durango I 2001 Dodge Before You Buy view search Enter Iv/1"N(optL7na{) go »� 2033 Ford Flex .r No VIN?No Problem!Buy an UNLIMITED , . report today and run Vlfds as you research. .._„ Recently Viewed Cars I My Saved Cars save car view http://www.kbb.com/dodge/durango/2001-dodge-durango/slt-sport-utility-4d/?pricetype=pri... 2/7/2013 -qa�... ,.e ...., r.,aC.m' -w44NC:xYxc.m YWffiaiiCm .: � t.- 10ice Cumberland Valley Office 109 Farm Credit Drive I Chambersburg,PA 17202 Fa�'? ��red�� (i17)263-3313 (717)263-1568 fax(www.AgChoice.com September 17, 2012 Martson Law Offices Attn: Hubert X Gilroy 10 East High St Carlisle PA 17013 Dear Mr Gilroy, Per your letter dated September 11, 2012, below are the loan balances for Fred McGillvray's loans with AgChoice Farm Credit as of July 10, 2012. Term loan $409,057.53 Credit line $48,860.23 Thank you for forwarding us the Short Certificate and let us know if you have any questions or require further information. Thank�you, Scott Owens Knowing you makes the difference."'