HomeMy WebLinkAbout07-20-15 RECORDATION REQUESTED BY:
James D. Hughes,Esquire n M
354 Alexander Spring Road, Suite 1 C) m �
Carlisle PA 17015 00 —
(717)249-6333 :Z
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WHEN RECORDED MAIL TO: 4�
77rSalzmann Hughes,PC CD
354 Alexander Spring Road, Suite 1 ca r n
Carlisle,PA 17015 - r-Y M
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TAX PARCEL NO.09-12-2988-001 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
Fiduciary Deed
MADE this day of , 2015
Between:
THE ESTATE OF WALTER J. BRASHEAR, by the Register of Wills and Clerk of
Orphans' Court, LISA M. GRAYSON, and the Administrator, BARRY R. SIMMONS,
late of East Pennsboro Township, Cumberland County, Pennsylvania and BARRY
SIMMONS, adult individual and Partner of Brashear Farms, of East Pennsboro
Township, Cumberland County, Pennsylvania;
GRANTORS
And:
BARRY R. SIMMONS, adult individual, of East Pennsboro Township, Cumberland
County, Pennsylvania;
GRANTEE
WHEREAS Walter J. Brashear died October 11, 2012, intestate seized of certain
land situate in East Pennsboro Township, Cumberland County, Pennsylvania; and
WHEREAS the Estate of the said Walter J. Brashear, was duly probated in the
Office of the Register of Wills in and for Cumberland County, Pennsylvania, on January
9, 2013, and Letters of Administration were granted to Barry R. Simmons, the above
named Administrator to #21-13-0027; and
WHEREAS Section 3356 of the Probate, Estates and Fiduciaries Code (20 PS.
3356) reads in pertinent part that "...the personal representative, in his individual
capacity may ... take by exchange, real or personal property of the estate, subject,
however, to the approval of the court, and under such terms and conditions and after
such reasonable notice to parties in interest as it shall direct. The court may make an
order directing a co-fiduciary, if any, or the court's clerk to execute a deed..."; and
WHEREAS, in accordance with the Family Settlement Agreement dated August
6, 2014, Barry Simmons, Administrator filed a Petition to Receive the hereinafter
described premises with the approval of the Court with the Court of Common Pleas in
and for Cumberland County, Pennsylvania - Orphans Court Division at Docket No.
2013-00027; and
WHEREAS, the Court, at Orphans Court Docket # 2013-00027, entered an Order
of Court dated July 10, 2015 directing Lisa M. Grayson, Esq., Register of Wills and Clerk
of Orphans' Court, and Barry Simmons, Administrator of the Estate of Walter Brashear
to execute this Deed.
WHEREAS the said Administrator was not required to file any bond to secure
faithful performance of his duties.
NOW THIS INDENTURE WITNESSETH that Lisa M. Grayson, Esq., Register of
Wills and Clerk of Orphans' Court, and Barry R. Simmons, Administrator of the Estate
of Walter J. Brashear, deceased, and Barry R. Simmons, for and in consideration of the
sum of ONE and 00/100 Dollar ($1.00) in lawful money of the United States, to them in
hand paid by the said GRANTEE at and before the sealing and delivery hereof, the
receipt whereof is hereby acknowledged they have granted, bargained, sold, aliened,
released and confirmed, and by these presents do grant, bargain, sell, alien, release and
confirm unto the said GRANTEE, his heirs and assigns:
ALL THAT CERTAIN farm or tract of land situate in the Township of East
Pennsboro, County of Cumberland, and Commonwealth of Pennsylvania, bounded and
described as follows:
BEGINNING at a stone at corner of land now or late of Jacob Renninger Estate;
thence along the line of land now or late of Renninger Estate North 64 degrees 30
minutes East 92.4 perches to a White Oak stump; thence along the line of land now or
late of David Stouffer Heirs South 71 degrees East 47 perches to a Maple; thence along
the line of land now or late of F. Roth South 06 degrees East 74.6 perches to a stake;
thence along the line of land now or late of James Jamison South 03 degrees 30 minutes
2
West 57 perches to a post; thence along the line of land, now or late of James Jamison
North 85 degrees West 64.7 perches to an Elm, near a Beech; thence along the line of
lands now or late of Jos. Blust and along a run as follows: South 86 degrees 15 minutes
West 14 perches; North 50 degrees West 19.5 perches; North 43 degrees West 16
perches; North 65 degrees 30 minutes West 16.8 perches; North 81 degrees West 23
perches to a stake at the run above mentioned; thence along the line of land now or late
of Albert Stine North 09 degrees East 67.6 perches to a stone, the place of BEGINNING.
BEING the same property which Walter Brashear, Barry Simmons and Emma
Brashear Yeager, Executors of the Estate of Gertrude Brashear Simmons and Walter
Brashear, Barry Simmons, Emma Brashear Yeager, Ross Brashear, Donald Brashear and
Orian Brashear, individually, by their Deed dated December 6, 1983, and recorded on
June 8, 1992 in Cumberland County Recorder of Deeds Book "S", Volume 35, Page 172,
granted and conveyed unto Barry Simmons and Walter Brashear, as Co-Partners
t/d/b/a Brashear Farms, a Partnership.
Barry Simmons, individually, owns a 50% interest in this property which he
conveys to himself as a Grantee therefore the transfer tax is reduced by 50%.
UNDER AND SUBJECT, NEVERTHELESS, to conditions, restrictions and
easements of prior record pertaining to said premises.
UNDER AND SUBJECT to any existing covenants, easements, encroachments,
conditions, restrictions, notations and agreements affecting the property, visible or of
record.
TOGETHER with all and singular 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 also, all the estate right, title, interest, use trust, property, possession, claim
and demand whatsoever, in law, equity or otherwise howsoever, of, in, to or out of the
same.
TO HAVE AND TO HOLD, the said hereditaments and premises hereby granted
and released, or mentioned and intended so to be, with the appurtenances, unto the
said GRANTEE and his heirs and assigns, to and for the only proper use and behoof of
the said GRANTEE his heirs and assigns, forever.
3
AND the said Barry R. Simmons, Administrator of the Estate of Walter J.
Brashear, deceased, and Barry Simmons, individually, covenant, promise, and agree to
and with the said GRANTEE his heirs and assigns, by these presents, that they, the said
GRANTORS have not done, committed, knowingly or willingly suffered to be done or
committed, any act, matter or thing whatsoever whereby the premises hereby granted,
or any part thereof, is, are, shall or may be impeached, charged or encumbered, in title,
charge, estate, or otherwise howsoever.
WITNESS the due execution hereof the day, month and year first above written.
Signed, Sealed and Delivered
in the Presence of:
BARRYX91MMONS, Administrator
of the Hsfate of Walter J. Bras ear
114 BARRY SIM S, Individually and
As Partner rashear Farms
J4"/
LISA M. GRAYSON, Re ' ter Wills
and Clerk of Orphans'
4
COMMONWEALTH OF PENNSYLVANIA )
ss
COUNTY OF CUMBERLAND )
On this, the day of , 2015 before me, the undersigned
officer, personally appeared BAR0 R. SIMMONS, Administrator for the Estate of
Walter J. Brashear, formerly Partner of Brashear Farms, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that he executed same as for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL Notary Public
George F.Douglas III,Notary Public
South Middleton Twp.,Cumberland County
My Commission Expires June 26,2019
MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES
COMMONWEALTH OF PENNSYLVANIA )
ss
COUNTY OF CUMBERLAND )
,TN
On this, the day of , 2015 before me, the undersigned
officer, personally appeared BARIIfY SIM ONS, individually and as Partner of
Brashear Farms, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that he executed same as for
the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL Notary Public
George F.Douglas Ili,Notary Public
South Middleton Twp.,Cumberland County
My Commission Expires June 26,2019
MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES
5
COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF CUMBERLAND
On this, the day of 2015 before me, the undersigned
officer, personally appeared LISA A GI$AYSON, Register of Wills and Clerk of
Orphans' Court, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that she executed same as for
the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Pulbc COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Marjorie A.Wevodau,Notary Public
Silver Spring Twp,Cumberland County
My commission expires April 05,2018
1 do hereby certify that the precise residence and complete post office address of the
within named Grantee is: P1 Rpt d X'+q�
Date
Attorney for LNAA,
SALZMANN HUGHES PC
Attomeys
6
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RECORDER'S USE ONLY
DEPARTMENT OF REVENUE STATEMENT OF VALUE Book Number
Bureau of Individual Taxes Page Number
PO BOX 280603
Harrisburg,PA 17128-0603 See reverse for instructions. Date Recorded
Complete each section and file in duplicate with Recorder of Deeds when (1) the full value/consideration is not set forth in the deed, (2)
the deed is without consideration or by gift, or(3) a tax exemption is claimed. If more space is needed, please attach additional sheets.
A Statement of Value (SOV) is not required if the transfer is wholly exempt from tax based on family relationship or public utility ease-
ment. However, itis recommended that a SOV accompany all documents filed for recording.
TRANSFERA. CORRESPONDENT - All inquiries may be directed to the following person:
Name Telephone Number:
Salzmann Hughes, P.C. (717) 249-6333
Mailing Address City State ZIP Code
354 Alexander Spring Road, Ste. 1 Carlisle PA 17015
B.
Date of Acceptance of Document
Grantor(s)/Lessor(s) Telephone Number: Grantee(s)/Lessee(s) Telephone Number:
Estate of Walter J. Brashear & Barr� R. Simmons Barry R. Simmons
Mailing Address a/k/a Barry Simmons Mailing Address
c/o Salzmann Hughes, P.C. 354 Alexander Spring Road 295 Pine Hill Road Extended
City State I ZIP Code City State ZIP Code
Carlisle IPA 17015 Enola I PA 117025
C. REAL ESTATE LOCATION
Street Address City,Township, Borough295 Pine Hill Road Extended East Pennsboro Township
County School District Tax Parcel Number
Cumberland East Pennsboro 09-12-2988-001
D. VALUATION DATA