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Home My WebLink About01-0648 Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of Ruth B. Fought also known as No. a.1-o/-(P'li , Deeeased Social Security No. 178 -16 - 5484 Jay Willard Fought Petitioner(s), who islare 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) [!] A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) islare the exeeut or named in the last Will of the Decedent, dated 03/21/1984 and eodiciKs) dated None J. Willard Fought, named Executor under the Will, died 01/21/1987 . Jay Willard Fought, Petitioner hereunder, is named as successor Executor. State relevant eireumstances, e.g., renunciation, death of exeeutor, ete. Except as follows, Decedent did not marry, was not divoreed, and did not have a child born or adopted after exeeution of the doeuments offered for probate; was not the victim of a killing and was never adjudicated incompetent: n/a D B. Grant of Letters of Administration (e.t.a.; d.b.n.e.t.a; pendente lite; durante absentia; durante minoritate) Petitioner(s) after a proper seareh haslhave aseertained that Deeedent left no Will and was survived by the following spouse (if any) and heirs: I Name Relationship Residenee I (COMPLETE IN ALL CASES:) Attaeh additional sheets if neeessary. Decedent was domiciled at death in Cumber land County, Pennsylvania with hislher last family or prineipal residence at 978 Park Place, Monroe Township, Mechanicsburg, PA 17055 (list street, number, and municipality) Deeedent, then J!1.....jears of age, died 06/16/2001 at East Pennsboro Twp., Cumber land Co., PA (Loeation) Deeedent at death owned property with estimated values as follows: (If domieiled in PA) All personal property (If not domiciled in PAl Personal property in Pennsylvania (If not domieiled in PA) Personal property in County Value of real estate in Pennsylvania 2,300.00 $ $ $ $ 540,000.00 situated as follows: 978 Park Place, Mechanicsburg, PA T ed or rinted name and residenee Jay Willard Fought 978 Park Place, Mechanicsbur ,PA 17055 /6 _~II/:<.- 9 Prepared by the Pennsylvania Bar Association "'",.-.u.lnht /,..\ 1~ In,,,,,, enfhal.:ar. ",nlv r:P~v.h:~;~ I~ ~nrm RW-1 I1Q91\ Oath of Personal Representative Commonwealth of Pennsylvania County of Cumber land The Petitioner(s) above-named sweans) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of the koowleclge and belief of Petitioner(s) and that. as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate ~_ 10 ~w. . Sworn to or affirmed and subscribed __ W WauJ Jay W 1 ard ought before me this ~ay of r a-tL~ . I~ ~,.~~~ LewlS ~ No. 21-2001-648 Estate of Ruth B. Fought Deceased Social Security No: 178-16-5484 Date of Death: 06/16/2001 AND NOW, July 10th , 2001 . in consideration of the Petition on the reverse side hereon. satisfactory proof having been presented before me, IT IS DECREED that Letters [!I Testamentary 0 Of Administration (c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate) are hereby granted to Jay Willard Fought in the above estate and that the instrument(s) dated 03/21/1984 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters. . . . . . . $ 375.00 Short Certificate(s). 5. $ 15.00 . Renunciation. $ Affidavits ( $ Extra Pages ( 2) ) . $ 6.00 Codicil. . . . . . . . $ JCP Fee 0' $ 5.00 Inventory. $ Other . . . . . . . . . $ T,....TAI $ 401.00 ary C. Lewis ~ Attorney: James D. Bogar, Esquire PA 19475 1.0. No: One West Main Street Address: Shiremanstown, PA 17011 Telephone: 717/737-8761 MAILED LE'ITERS TO ATIORNEY JAMES D. BCX:;AR Form RW-1 (1991) H 105.805 REV 9186 This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local R~gistrar. The original certificate will be forwarded to the State Vital Records Office for permanent ~ling. WARNING: It is illegal to duplicate this copy by photostat or photograph. No. ~M ~~~ Local Registrar Fee for this certificate, $2.00 p 7386931 3~~./ i~ doe; I' Date 21-2001-648 Hl05.iQA..., 2/87 COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH TYPE.lPRINT IN PERMANENT BLACK INK NAME OF DECEDENT th.. Middle. l_>> I. AGE (la. Bor1t"Gyt Ruth B. Fought SWi F61E NUMeEA SEX Female SOCIAl'SURtTYNU..,- 2. ..1 _ 6_ 5484 UHOER 1 YEAR -- Days 87 v... Cumberland =..,,0 RACE . Amencan 1ncNft. 8Iac., WhiI.. * ,_, White .. COUNTY' OF DEATH .... DECEDENT'S USUAL OCCUPRION (Gi..,eNnd 01 WOfk done duI~ oI-....1'torr:emaK~r 11. SURvlVtNQ SPOuSE If .... orw INIOen l\MIel .... ... fRHER'S NAME (Fir.. MQ:Ie, lasll 11. lNFORIIANT'SNAME cr_ 17b. 174.0 :...~~~ MOTHER.SNAMEiF...._._""'....., Carrie Rupp 11. ORMANT'S~~~C'ecro>ad'1lll~'iIt1Iicsburg, Pa. 17055 - Elmer Brindle Jay W. Fought ~ 2 :;l o is ~ ~ z LOCRKlN.~._.lIpc- Mechanicsburg, Pennsylvania I. -AHO~':~F=I Home, Inc. 37 East Main Street Mechanicsburg, Pa 1705 _. LICENSE NUMBER o.<rESlGNEO Ooy. -, .... MS CASE REFERRED TO MEOtCAL EXAMlHERiCOAONEA1 .....0 Noc;g. l : <:J J /f I ,.- ~ l' "'" .r.^ ~ "'""L DUE 10 toR AS ACONSEOUENCE Of): ~(../#/(....( t.- oI,~, DUE 10 COR AS A CONSEOUENCE Of): .- I n.rv.t.... : 0ftMl PCf dNIh I ~t.. Q_,../ PART 8: Other ....... condIIiIoN c:onIf1blAiftO 10 dHIh. buI not,...,.......&hI~~tweninA\RT I. DUE 10 (OR AS A CONSEQUENCE Of)' WERE AUlOPSY FINOtNGS ......lA8LE PRIOR 10 COMtl'll:;.1ON Of CAU5E. OF OERH1 MAHNER Of DEATH ........ fir- o o DATE OF INJURY (Monlh Day, 'Mal') TIME Of INJUAY INJURY /Ii1 WORk1 OESCfU8E HOW INJURY OCCUAAEO. >10m..... o o o PlACE Of INJURY. At home, ,......, ....., factory. office M. building, iMC.ISpec::M _. ,." 0 NoD - Pending tnwnltgalion ,.,,0 NoD ........ CoukI noa be del.tro.ned ,........,.~ aa.. Db. CERTIFIER (Check only onel .CERTIFYiNG PHYSlClAH (PhySlCoMI cetbfylng cauw d lJeatn""""8I'> dnolh8f QhVSlCoatl has plooounced dealh ana compteleel lI~n 23) ro Ihe be.. 01 my IU'IOWa.ctge, death occurrect due 10 11M c.uaa(s. and mMNf.. atatN. . . . zo. .PRONOUHClHG AHD CERTlFytHG PHl'SICIAH CPhysoan boItl ;)l'ooouncong lJealh and U!flll.,..no 10 cause 01 Cledltll To lhe tte.1 o'my knowledga, dealhocc"rrecl" eM Ume,~I., tnd place, and d....lo lhecauu(s).and mann.,.. .1.led.. o ... lICENSE NUMBER OATE SIGNED lMol*,. CaW'. ~l o 21c. ,....,., -,>yr'>).L L. 21,,)"'-L (G, l.. "' "/ NAME AND ADOAESS OF PERSON WHO COMPLETED CAUSE OF DEATH (11em21lTypeOfPrinI /l-,') _ & /' '""'-. y~......,-,.J-~ '11;:) ,d ~_ I (- c.'\.... --'-....A. =--1 ("" ~ HI!) P . 32. DATE FllEO(Monlh Day. 'feaJ1 .MEDICAl EXAMiNER/CORONER On till. b..I. 0' ....mln.Uon andJorlnv.sUgalion. in m., opinion, de. occurred .'lhe tllne, date, and place, and due to Ihe cause(.. and mann.r..,tatM _... ...... ._......... 3t.. REGIST '5 SIGNATURE AND NUMBER o ~~ l~ (1d.11 L)!. ... ~l,tJe I ~ :taGI 21-2001-648 REGISTER OF WILLS OF CUMBERLAND COUNTY OATH OF SUBSCRIBING WITNESS James D. Bogar )(ladiGik (each) a subscribing witness to the will presented herewith, (xadI)cbeing duly qualified according to' law, depose(s) and say(s) that he Wr:l s present and saw Ruth B. Fought the testat r ix, sign the same and that he signed as a witness at the request of testat r i x in her presence and (in the presence of each other) (in the presence of the other subscribing witness(es)). ame) ., Shiremanstown, PA 17011 Sworn to or affirmed and subscribed before me this 6th day of James D. July 20 01 One West ~r~d(~Al/A~ Mary Lewi ' Reglste~ (Address) (Name) (Address) 21-2001-648 REGISTER OF WILLS OF CUMBERLAND COUNTY OATH OF NON-SUBSCRIBING WITNESS Jay Willard Fought ~ad1) a subscriber hereto, ~) being duly qualified according to law, depose(s) and say(s) that he is familiar with the signature of Ruth B. Fought xardt~k testat rix of (0:ntX~ftxt~UD~~Jn'fi~~x~:mt~~ the will that he presented herewith and ~~lriic believes the signature on the will is in the handwriting of Ruth B. Fought to the best of his knowledge and b illard FO~) Park Place, Mechanicsburg, PA 17055 Sworn to or affirmed and subscribed before me this 6th day of J y July ~ 20 01 . 8 ~(l. . ,~Lln I LJLV #,\"//oIi- Mary;' .Lewis ' Register? U (Address) (Name) (Address) 1E&5t Will &ub illt5t&uttut OF RUTIl B. FOUGHT I, RUlli B. FOUGHT, of Monroe Township, CurIDer land County, Pennsylvania, make, publish and declare this as and for my Last Will and Testament, hereby revoking all other Wills and Codicils heretofore made by me. FIRST: I direct the payment of all my just debts and the expenses of my last illness and funeral fran my estate, as soon after my death as conveniently may be done. SECOND: I devise and bequeath all the rest, residue and remainder of my estate of vhatever nature and wherever situate, together with any insurance policies thereon, unto my husband, J. WIlLARD FOUGHT, provided he survives me by sixty (60) days. THIRD: Should my husband, J. Willard Fought, predecease me or die on or before the sixty-first (61st) day following my death, I devise and bequeath all the rest, residue and remainder of my estate of whatever nature and -';IDerever situate, together with any insurance policies thereon, unto my son, JAY WIlLARD FOUGHT. FOURTH: Should my son, Jay Willard Fought, predecease me, I devise and bequeath all the rest, residue and remainder of my estate of whatever nature and wherever situate, together with any insurance policies thereon, unto my grand- daughter, ANGElA M. FOUGHT. FIFlli: In addition to all powers granted to them by law and by other provisions of this Will, I give the fiduciaries acting hereunder the following \ pOwers, applicable to all property, exercisable without court approval and effecti+e ...) 1IDtil actual distribution of all property: i ff\ (A) To sell at public or private sale, or to lease, for any period of time, any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms or conditions as are deemed proper. (Y) -........ (B) To partition, subdivide, or improve real estate and to enter into 1 C; --... agreerrents concerning the partition, subdivision, improvement, zoning or managemen of real estate and to impose or extinguish restrictions on real estate. (C) To compromise any claim or controversy and to abandon any property which is of little or no value. (D) To invest in all fonns of property, including stocks, ccmron trust funds and rrortgage invest:nlent funds, without restriction to investments authorized for Permsy 1 vania fiduciaries, as are deemed proper, without regard to any principle of diversification, risk or productivity. (E) To exercise any option, right or privilege granted in insurance policies or in other investments. (F) To exercise any election or privilege given by the Federal and otner tax laws, including, but not necessarily being limited to, personal incorre, gift and estate or inheritance tax laws. (G) To make distributions to my herein named beneficiaries in cash or in kind or partly in each. SIXIH: I direct that all inheritance, estate, transfer, succession and death taxes, of any kind whatsoever, which may be payable by reason of my death, whether or not with respect to property passing under this Will, shall be paid out of the principal of my residuary estate. SE.'VEN'IH: All interests hereunder, whether principal or income, while un- distributed and in the possession of the fiduciaries acting hereunder, even though vested or distributable, shall not be subject to attachment, execution or sequestration for any debt, contract, obligation or liability of any beneficiary, and furthermJre, shall not be subject to pledge, assigrnnent, conveyance or antici- pation. EIGH1H: I nominate and appoint my husband, J. 'WIllARD roUGHT, Executor of this, my Last Will and TestaIoont. In the event of the death, resignation or inability to serve for any reason whatsoever of the said J. Willard Fought, I nominate and appoint my son, JAY WII.l.ARD roUGHT, Executor of this, my Last Will and TestaIoont. In the further event of the death, resignation or inability to serve for any reason whatsoever of the said Jay Willard Fought, I nominate and appoint my granddaughter, ANGElA M. FOUGHT, Executrix of this, my Last Will and Testarrent. I hereby relieve my Executor fran the necessity of posting security in connection with his duties as such in any jurisdiction in which he may be called upon to act insofar as I am able by law to do so. n~ vJI'INESS WIEREOF, I have hereunto set my hand and seal to this, my Last Will and Testatment, this JI day of 'YY-\ fA,"L.c~ , 1984. F?~ D. %~~~ Ruth B. Fought '~ (SEAL) .... Signed, sealed, published and declared by the above named Testatrix as and for her Last Will and Testam=nt in our presence, who, at her request, in her presence and in the presence of each other, have heretmto subscribed our names as I attesting witnesses. I I I Address ]1/ ...;;r-;::- . . }- (. . ~1E(Jd i7f;;I-t:lfi (j - c~tJ~ ' Address -3- ~ CERTIFICATION OF NOTICE UNDER RULE 5.6 (a) Name of Decedent: Ruth B. Fought Date of Death: June 16, 2001 Will No. 21-01-0648 Admin. No. To the Register: I certify that notice of estate administration required by Rule 5.6(a) of the Orphans' Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate on July 6, 2001: Name Address Jay Willard Fought 978 Park Place Mechanicsburg, PA 17055 Notice has now been given to all persons entitled thereto under Rule 5.6(a) except: None Bog r, Esquire One West Main reet Shiremanstown, PA 17011 (717) 737-8761 Capacity: Personal Representative X Counsel for Personal Representative Date: 07/18/01 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 28C1601 HARRISBURG, PA 17128.0601 REV.1162 EX(11.96) RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT BOGAR JAMES D 1 W MAIN STREET SHIREMANSTOWN, PA 17011 -----.-. fold ESTATE INFORMATION: SSN: 178-16-5484 FILE NUMBER: 2101-0648 DECEDENT NAME: FOUGHT RUTH B DATE OF PAYMENT: 03/15/2002 POSTMARK DATE: 00/00/0000 COUNTY: CUMBERLAND DATE OF DEATH: 06/16/2001 NO. CD 000957 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 I $18,264.18 I I I I I I I I TOTAL AMOUNT PAID: $18,264.18 REMARKS: JAY WILLARD FOUGHT C/O JAMES D BOGAR ESQUIRE CHECK# 5 SEAL INITIALS: SK RECEIVED BY: REGISTER OF WILLS MARY C. LEWIS REGISTER OF WILLS Register of Wills of CUMBERLAND County, Pennsylvania INVENTORY Estate of Ruth B. Fought No. 21-01-0648 also known as Date of Death 06/16/2001 , Deceased Social Security No. 178-16-5484 Jay Willard Fought, Personal Representative(s) of the above Estate, deceased, verify that the items appearing in the following Inventory include all of the personal assets wherever situate and all of the real estate in the Commonwealth of Pennsylvania of said Decedent, that the valuation placed opposite each item of said Inventory represents its fair value as of the date of the Decedent's death, and that Decedent owned no real estate outside of the Commonwealth of Pennsylvania except that which appears in a memorandum at the end of this Inventory. I /We verify that the statements made in this Inventory are true and correct. !/We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Personal Repr Name of Attorney: James D. Bogar Esquire 1.0. No.: 19475 Signature: Address: One West Main Street Address: 978 Park Place Shiremanstown, PA 17011 Mechanicsburg, PA 17055 Telephone: 717/737 - 8761 Telephone: 717/766 - 5955 Dated: 03/13/02 Description Value ,...... ,... ....,J\... ':: ~~ f~' g" 2 ::s: ~ (See continuation page(s) attached) \Jl c.:o o C) (Attach additional sheets if necessary) Total: 534,058.08 NOTE: The Memorandum of real estate outside the Commonwealth of Pennsylvania may, at the election of the personal representative, include the value of each item, but such figures should not be extended into the total of the Inventory. 0.........."".."",4 hv thIS- pj::l.nn~lvania Bar Association Mr"'I\A/__"'7,...........\ Estate of: Date of Death: County: INVENTORY Ruth B. Fought 06/16/2001 Cumberland CASH: AgChoice Farm Credit - Retirement of qualified allocated surplus 179.87 HealthSouth - Refund 29.62 Old Guard Mutual Insurance - Conversion Litigation Payment 52.13 PNC Bank, N.A. - Checking Account No. 5070079159, date of death balance $270.81, accrued interest $0.11 270.92 532.54 PERSONAL PROPERTY: 1986 Buick Century - VIN 1G4AH19R7GT455517 350.00 Contents of home and personal property 750.00 1,100.00 -1- STOCKS/LISTED: AgChoice Farm Credit - 212 Shares of Stock, date of death value per share $5.00, plus $1.08 Earn. Res. Stock Div. 1,061. 08 Agway Inc. - Membership Common Stock, Certificate No. A-176404, 1 share, date of death value per share $25.00 25.00 Agway Inc. - Certificate No. FM-3098, Min 9% Mbr Mny Mkt due 10/08 100.00 Agway Inc. - Certificate No. NL-437, Min 7.50% Gen Mny Mkt due 10/07 1,000.00 Cumberland Valley Cooperative Association - Common stock, 2 shares; Preferred Stock, 244 shares; date of death value per share $10.00 2,460.00 Genex Cooperative, Inc. - (formerly Atlantic Breeders Cooperative) Account No. 00924991, date of death value $280.46 280.46 4,926.54 REAL ESTATE/PA: -2- All that certain piece or parcel of real estate being known and numbered as 978 Park Place, Mechanicsburg, PA. This property is enrolled in the Clean and Green Act and is assessed accordingly. Fair Market Value: 206,110 (county assessed value) x 1.00 (common level ratio factor) = $206,110.00. By Agreement for the Sale and Purchase of Agricultural Conservation Easement to the Commonwealth of Pennsylvania and a County Jointly in Perpetuity, having an operative date of June 15, 2001, Ruth B. Fought, the decedent herein, agreed to convey the development rights, in perpetuity, to the above-described real estate, all in accordance with the Agricultural Security Law, P.L. 128, No. 43, June 30, 1981 (3 P.S. Section 901-915) as amended. The total value received for the sale of the development rights is $321,389.00, consisting of payments made by the Commonwealth of Pennsylvania in the amount of $171,389.00 and from Cumberland County in the amount of $150,000.00. -3- 206,110.00 321,389.00 527,499.00 OFFICIAL USE ONLY C/ V REV-1500 INHERITANCE TAX RETURN RESIDENT DECEDENT /(P-;2'/!). 9 FILE NUMBER REV-1500 EX +(6-00) CAPB HpRL EplO CRAC KOTK ES c P o 0 R N R 0 E E S N T C o M T P A ~ X A T I o N o E C E o E N T COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE DEPT. 280601 HARRISBURG, PA 17128-0601 DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL) Fou ht Ruth B. DATE OF DEATH (MM-DD-YEAR) NUMBER 21-01-0648 DATE OF BIRTH(MM-DD-YEAR) COUNTY CODE yEAR SOCIAL SECURITY NUMSER 178-16-5484 THIS RETURN MUST BE ALEO IN OUPUCATE WITH THE 06/16/2001 OS/20/1914 I APPLlCABL SURVIVING SPOUSE'S NAME L.AST, FIRST,AND MIDDLE INITIAL. REGISTER OF WILLS SOCIALSECURITYNUM ER X 1. Original Return 4. Limited Estate X 6. Deeedent DIed Testate 3. date of death . RemaInder Return prior to 12-13-82) 5. Federal Estate Tax Return Required 8. Total Number of Safe Deposit Boxes (Attach copy of WIll} o 9. litigation Proceeds Received 2. Supplemental Return 4a. Future Interest Compromise (date of death after 12-12-82) 7. Decedent Maintained a LlvlngTrust 1 (Attach copy of Trust) 010. Spousal Poverty Credit 0 11. Election to tax under Sec. 9113(A) (date of death between 12-31-91 and 1- 1-95) (Attach Sch 0) ; ..THIS.SECTION MUST BE COMPLETElY. All CORRESPONDEr/CE& CONFIDEr/rIAt TAX INFORMATION'SHOULD BEflIRECTED!'r~~ NAME COMPLETE MAILING ADDRESS James D. Bo ar Es uire FIRM NAME(Jf Applicable) One West Main Street Shiremanstown, PA 17011 TELEPHONE NUMBER R E C A P I T U L A T I o N 3 - 6 1. Real Estate (Schedule A) Z. Stocks and Bonds (Schedule B) 3. Closely Held Corporation, Partnership or Sole-Proprietorship 4. Mortgages & Notes Receivable (Schedule 0) 5. Cash. Bank Deposits & Miscellaneous Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) o Separate Bilhng Requested 1. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7) (Schedule G or L) 8. Total Gross Assets (total Lines 1-7) 9. Funeral Expenses & Administrative Costs (SChedule H) (9) 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) (10) 11. Total Deductions (total Lines 9 & 10) 12. Net Value of Estate (Une 8 minus Une 11 ) 13. Charitable and Governmental Bequests/See 9113 Trusts for which an election to tax has not been made (Schedule J) 14. Net Value Subject to Tax (line 12 minus Line 13) (14) 465,870.62 527,499.00 4, 926 ;2~,: NQ1llEl; , OFFICIAL USE ONLY (1) (zl (3) d '" -5, ~:' (4) (5) None 1,632.,54 ~ I,..n None (6) co c-j None (8) 534,058.08 20,641.29 47,546.17 (11) (lZ) (13) 68,187.46 465,870.62 SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or trans1ers under Sec. 9116(aX 1.2) 16. Amount of Line 14 taxable at lineal rate 17. Amount of Line 14 taxable at sibling rate 18. Amount of line 14 taxable at collateral rate 19. Tax Due 20. 465,870.62 X ,0 0 (15) 0.00 X ,0 45 (16) 20,964.18 X .12 (17) 0.00 X ,15 (18) 0.00 (19) 20,964.18 OF AN>OVl5l1PAYIilENT .' YERSE'SIDE',ANDTO RECHECI<,MATH'<:<' i;':1':~:~#:H~:mE:~:l($~!~,:P:fi:h:tj::i Copyright (e) 2000 form software only The Lackner Group, Inc. Form REV-1500 EX (Rov. 6-00) Decedent's Complete Address: STREET ADDRESS 978 Park Place CITY I STATE I ZIP Mechanicsbun! PA 17055 Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments C. Discount (1) 20,964.18 0.00 2,565.00 135.00 Total Credits ( A + B + C) (2) 2,700.00 3. Interest/Penalty if applicable D. Interest E. Penalty 0.00 0.00 18,264.18 0.00 18,264.18 i:[r[i:!:[tT;,l'!"",:..... .. .... pLEASEANSWERTHEFOI..I..OWINGQUESTi6NSElYPLACINGAN"X,iINTHE APPROPRIATE ElLOCKS 1. Did decedent make a transfer and: 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. d. receive the promise for life of either payments, benefits or care? 2. If death occurred after December 12. 1982. did decedent transfer property within one year of death without receiving adequate consideration? . 3. Did decedent own an ~in trust for" or payable upon death bank account or security at his or her death? . . . . . . 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? . IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. Yes No ~~ o o D rn IT] IT] Under pena.ltles cf perjury, \ 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. Declaratfon of preparer other than the personal representatIVe Is based on all Information of which preparer has any knowledge. NATURE OF PERSON RESPONSIBLE FOR FlUNG RETURN Jay Willard Fought DATE .:\M --~r~h~~i~-,;E~5':;-FA -- :Cio5s------------ _h ----- - 03/13/02 ESENTA lVE James D. Bogar Esquire DATE One West Main Street - - -Shlrem;'il';to;,m; - FA - - noii - - - - - - - - - - - - - - - - - - -- uly 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the .9116 (a) (1.1) (iJ]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0% [72 P.S. 9116 (a) (1.1) Oin 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 twenty.one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is 0"/0 [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 48'(<>, except as noted in n. P.S. 9116{1.2) [72 P.S. 911 6(a)( 1)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12.% [72 P.S. 9116(aX 1.3)). A sibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. Capyrlght(c) 2.000 farm software on\y The Laoc\(ner Group, Inc. Form REV..1S00 EX (Rev. 6-00) 0~/23/2001 10:12 7177720412 DEPT OF REV PAGE 02 Rrv..olll'!h(M21 '*' SAFE DEPOSIT BOX INVIiNTORY C;gMMONWEA~TN Otl JIl:~N$YW4NI4 OIPARfMlit'T OJ ."'JeHUI IWMMItANC5 TAX DIVlIIQN Om.2f06IJ1 HARII'IURG. 1'''' lr,ZQoOOol Pleas. Prln1 or Typ. MusT SE COMPL!TED IY REPRES!NTATlVE O~ rlNANCIAL INSTITUTION WHERE SAP. OEPOS1T BOX IS LOCATED ANOR!TURNED TO ABOYl AllDRESS COUNTY COD! ALl NUMBEtt SOCIAL SOCURITY OR D!ATHCIiRTlFlCAn NUMB'. 178-16-5484 DA D NT'S 'OU ht, Ruth B ADDRESS OP DICEDENT ''''''') IC'TYI 978 Park P1e.ce Mechanicsburg. NAME AHDADDdSS OF PliIl$ON lEOUlSTlNli THI OPEIIING OF THE $.AFE DIPOS.T BOX [HAM!) J ames D. . SO<:1ar ,. Esquire (STRtu ADOll!SSJ (Cln) One West Main Street Shiremanstown NAME, ADDRISS AND RELATIONSIIIP (IF ANY] TO DICEDO"", O' PERSONISl PWENT AT THI sox OPENING o. INAME) 'IttLATlON~I'1'" James D. sogar, Esquire None (STREET ADO~ISSI (CITYI One West Main Street Shiremanstown Irl>. (NAME) {ll.ElATION5Hlrl Jay Willard Fought Son (STRf" ADDRESS) jCITY) 978 Park PLace Mechanicsburg c. (NAM!J ll"l.ATIONSHIp) 6/16/01 (sr.ATEj PA. (ZIP C:ODIlI 11055 I$TATe') PA (tiP COOE! 17011-6371 ISTRr.n ADOleSS! (Clm ($TArf/ IZlPCOD') PA 11011-6371 ISTATI!) (Zl!"C:ODfI PA 17055 ISTATG\ (ZIP'ODI:! NAMI AND ADORISS OF FINANCIAL INSTITUTlON WileR! THe SAR DEPOSIT BOX IS LOCATeD (HAME) PNC Bank, N.J\.. (S'TlteET ,toODIU!SSl 2 East Main Street I NAME OF PERSON IM/CING LAST ENTRY L .i. w.-n. I\,e; D,t.nOFCONTRACTT RENTIOX 1'1 BIROFBO \'l.~ C(;oL KAME AND ADDRISS OF PlRSONIS) ~.... G. iNAMOl . ~~,u. (SiRlli AODll'"] . - -.-.. ~ q, \''0 ?a..w.. 1I\a.ee. ~ ).STAT!) ~ I-l:t. ICITY) {STATEI Mechapicsbur PA DAT! AND TIME OF LAST ENTRV ., Q..o(1( II~. TITLf UNDIR WHICH " IS fIGISTER!D ~~ fc> "'t !ZI"CO~ 17055 .It. (NAhle) ,clm ($TAfel /Z'I'COl>f) NAME AND TlTl.l OF IMPLOYI TAKING THIINVENTOIY ..\~ A- WAS A WILL IN TM.BOX? ClY!S' 'SpfO If Yft. .. am..f will: b. NAme a.... ...d..... of ,..-.onal ...,..sent\ltlve. ff IMImecl in t\.o wftI (HAMI' (SiRen AOOftls.s1 10m (STATi/ IZIP caDiI I. N..... and adcl"lII of tIt~, if flny . (HAMil (STR!!T ACOKiSS] ICITY) ($url!l lZIP CODe) 0,8/23/2001 10:12 71 77720412 DEPT OF REV Page SAFE DEPOSIT BOX INVENTORY ~UCTIONS I (1) Cash: Report total only. ('2) Sto<lcJ: Li$t in detail e:very common or pref.rred ,artificcte, ",arro"t or other' rlghfS fotJnd in cox. Stocks (Ire '1 to be designat.d by name of com pc ny, certifi'C1te numb~r. dat~ of ceftlficQte, name in which stock i, I'agist.red, and number of shares and cICJ~~ of stock. (3) ObJi9Qtjons of U. S. Government: Number of items, dote of issue', foc:e value, ngmo!t in wnich registered I" and type of owne"hip, i.e" lointly held, pay'able on doalh, o,c. (4) Bands: Oe:signQh! by nQm4, amount, s.r1a/number. or .other d$$jgnotion. [Beorer Boncb:) I IS) l!ank and Sav;n$ls and Loan Passbooks: Stale nome of depo,ilor, numb.r of book, la,1 dal. appooring in book, nom. of bank and brandl, and balance. (61 Jo_lry, Coins Stamps, Manu.c,ipts etC" liS! and describe as fully as possibl. PAGE of 03 , , . (7) Deeds, Mortgag9s, Current Insuronce Policies 4r other eviclen(toll of inc:lebtQdnes.s:: List Qnd de~cl'ibe cn I Fully as po..ible. (8) All other eont.n,o. i ITeM fTIM DescRt'TION ~O_ '" -- ~J:l..1,.,..J i -~ i I I , I ; i i , ,- I i , I I I I I ! I CIRTlllY U~OER peNALTY OF PERJURY THAT THI ABOVE ReCORO IS peRSON RECEIVING COPY 0' CORReer ANO COMPUTI TO THI liST 0' MY KNOWLlOO;. ANO BWEP, SAPEr iPOSIT BOX INVENTORY, !=NA un-- 7"[- ,r! ()-.. 1"7" ~'" .DI h..~ PRINf NAMe ;~ " ~ f\ , (\~a.(' ~~INr N, ,..... ANifC\oII!C ,A.p"e"ItIATI! SOl( lIril.OW: ."fi"<l'rrrCe --;:;r <:~KAiPPlf~iIfIU,A.n: tlOX, ~~~ ~r"i~~,~~:t o ElIUIc;ufcr(lr~..) DAdmir'1i~rl'Qror(trlx.1 ~EJPr:'1' .Il~prl!l.ll.n'Ofiv. 0 Joint o.....n.' of ~C1fe OePQ8i1 bo~ . . " . " .. . NOTI. Attach add.hanal '1/2 X 1 1 ' sheet (5) .f neces;lury or usa duplIcates of this page of form. REV-1502 EX + (1-97) SCHEDULE A REAL ESTATE COMMONWEALTH OF PENNSYLVANIA INHERrTANCETAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Ruth B. Fought SS# 178-16-5484 06/16/2001 21-01-0648 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 knowledoe of the relevant facts. Real property which is iointly-owned with riGht of survivorship must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1 All that certain piece or parcel of real estate being known and 206,110.00 numbered as 978 Park Place, Mechanicsburg, PA. The property was acquired by J. Willard Fought and Ruth B. Fought, husband and wife, by Deed dated September 6, 1963 and recorded in the Cumberland County Recorder of Deeds Office, a copy of which is attached hereto and incorporated herein. J. Willard Fought died January 21, 1987, whereupon title to the property became vested solely in Ruth B. Fought, the decedent herein. This property is enrolled in the Clean and Green Act and is assessed accordingly. Fair Market Value: 206,110 (county assessed value) x 1.00 (common level ratio factor) - $206,110.00. 2 By Agreement for the Sale and Purchase of Agricultural Conservation Easement to the Commonwealth of Pennsylvania and a County Jointly in Perpetuity, having an operative date of June 15, 2001, a copy of which is attached hereto and incorporated herein, Ruth B. Fought, the decedent herein, agreed to convey the development rights, in perpetuity, to the above-described real estate, all in accordance with the Agricultural Security Law, P.L. 128, No. 43, June 30, 1981 (3 P.S. Section 901-915) as amended. The total value received for the sale of the development rights is $321,389.00, consisting of payments made by the Commonwealth of Pennsylvania in the amount of $171,389.00 anc from Cumberland County in the amount of $150,000.00. A copy of the Deed of Agricultural Conservation Easement to the Commonwealth of Pennsylvania and a County Jointly in Perpetuity dated November 9, 2001 is attached hereto and incorporated herein. Also attached hereto and incorporated herein is a copy of the Settlement Statement. 321,389.00 TOTAL (Also enter on line 1, Recapitulation) $ 527,499.00 (If more space is needed, insert additional sheets of the same size) Copyright (c) 1996 form software only CPSysterns, Inc. Form REV-1502. EX (Rev. 1-97) --'-----~ ~.. ...--,-... THIS DEED lLi..;': 'rill;; Gill duy f)f' .S',. pj,~ '" h...,. , , in the year of our 1,\1;01: j 'f!I,~ l;li"lkiLlilll (1111(: IHlndl'ed sixty-three (1963), by and between: J. \II1JLtI.HD FOTJliH'r and NEVIN lJ. FOUGHT of Monroe and 1.J:l.(ldle~j(~x 'T', "m.'ih ip:;;, l'(~s}1ec t:i vely, CUll1berland County, 11\;ol);.:(lv~:"ILl, i:';;;ucuLo1's lmc1er the Last Will and 'l'estument 'Ii" :;. 'i.'n:;'1'J~H FOlHill'T', del~e:;\sed? late of l-Aol11'oe Township, (,lllillJU1'l an,] Cl)Ullt:r, lJU1lnfj ylvanl.a, part,iea of the first p11.l't, GHANTOW), AND J. '.HT,LI',t{{/ li'r:-nKiH'f' Hnd HtJ'rH H. YOUGHT, his 'wife, of hj,J)II',:rf~ . 'l'OWil~lld"!i, Glllnl)01'lC:lnd COlmtyt, r'ennsylvtlnia, [l,'!!'1.it;~j nl' t.ll(~ ';(:cr,jjC, pu:ct, GH8.NTh:l!jS. ,':Tii~:i{Jr;<,~;, I hI' ~;(.lil1 i.;. Fo~] Le.~~ Font~llt \J<1;-:; veS ted in his lifl'~time 'I ii' lit[(. U', IiIi' nl'<~lld.~if~,.; h~('I~inaft(ji.' deserjbec1; Dnd :t';i1I':/,.':, Lhe ~it\i(! ri. l~o~~:rl'ER FOUG!IT died testate on Apri.l 30, 1"(.: (P.I !Ii l: ':n:u unll T(,~;1:<:l1w"!nt. /lnted I':'iay 14, 1960, was duly ,'1101,1;:,1:0: It ii'l ,!I'. ()rLicu (it' UiP nLeJsLeI~ oj' '.-11118 in and for Cumberland (:(l\\nt~', i\'IH\ ::"n.mia, ',Ibet'(~ the Sullie :L.i recorded in Vall BODle 53, Page ~';:1.' ;(1 L:,:1: '1,'t11 dud Tcst"Hllent containing, inter alia, the t'o1.1o'fJing\ 11.1. I !JerO(!hy C:luthoci.7.e ~.nrl 81llflO'l'ler my Execut.ors, hereinafter ;\itllh:!d, I,u :'ell JHy 010 all or tile I'eal esttd;e of which I may die :;I.!I:',ell OJ" f!()::;Sr.l,j;'iI~d, '-ll: nJUwl' public: 01' priV[lte sale, in their d.i.:;t':l'(~tilill, j'ur ::ll\ch IIL'lee OJ" prlGe~ ~lDd npon such terms and co1'1- Iii Lil'IJI:i~t.'; h) 1'.l1er'l tllUY ~jeem best, and to sign, geal, execute and '{<-:~livl"l' ull :;ueh dee{l or deeds of conveyance, as may be requisite :'(ltI l;i'~U~;~;<IJ'Y' fOl'Lhn f~I'mlt-.lng and assuring the SEllne to the pur- ('h;l:iC\' OJ' JJlll'\~hu~;Hl'S t.hereof' in fee sirnple; and the purchaser or ,,'ul'ehc:'u~r~: UJel'eoi' iJl tnking title thereto, shall take such t1 tIe I~"I"".' :;\'1\1 dl~;clH.ll'ged or any oblif~at1on to see to the application "r UH~ nnrchnse mClD8Y.u l.''ilf1~Kg,\~;, the said J. Willard Four,ht and Nevin B. Fought qualified ,~1~. Ull EXi!clltors' of said L,.lst VIill and Testament, and Letters Testa- (IH"nt 11'.\' I;('l'e duly iflSl.u,d to them on May 6, 1961; and ifli~db;j'L.', r.I)f~ ::il.lid l';xecuto.t'S on S(~pt.E.lmber 14,1961, p.ntered Into j, :l)':r'tellr~lent of .0,011,:> for :;;:.dd premises to J. Willard !,'oucht and Ruth i-I. -i",))),:'h\~, Ills wIfe, lor t.be consideration of Forty-six Thousand Seven jjliil.ll"l~(.1 l<'ifty iJ.Ud ['!o/lOO ('.A6,?50.00) DolltH'S; and ,I,: i::Hhfl;j, HII'; ~;.:d Ii &'J:c;ll 1-.01";-:; hy Pet! tion to the OrphElns COUJ't of' C:ur'll,,'('l~lnd CnunLy, Penllsylvtln:l.a, requested permission to sell said Y. '" 'I('~ i" .:.V ,,',f.L.. I,:,,; BcJ!Y 2{; Llr.r:103G rHn] pstatp to the sc;,ill .1. "illllard F'ough!. in hls 1.11 ,,-U v_i (In;"] ('np:1(;J ty, and Ruth B. Fought, hi!O wife; and V1IHmEAS, said Ol'11hnns Court by 11pCl'~)n 11ntol.1 AnFm; 1-, ('1 1<)('3, ~'nd r>ntel'p!l l,(l ~)l'oceedlni~!; number 944 In f;nlll COlt}' I. nl1i..hoJ'l~',r~rJ Up' 1'::>:'C(;11 hij';-' !;o convn,\ S,J lei 1';111<1 j_n aeco_"(ll-lnce with l;hl' ,,('ol'l'srdd ,q;l'eenlnn j- fl [' .':n"(p, auUlorized the said J. '~:.r-LllrJl'd F'ouehl l;n ourch,,':c:e I.ll<~ :~UlW~ i.n hi." Jndlv:Lchwl cupElclt~r t.of~et;hel' wtth hif:i v~lre, ;111(1 rurt-.h'?r nutl1rn-'i}',f'd :!lId directed suid Bxecutol's to execute ,md delivPl' a deou for ~w.k lclml, siJid Decree beIng made nursUnn!; to the TJl'lvi~;1.nn~l of' :::';"-'ct1011 r;4(, or the Flduci,lrief3 Act of A])1'11 18, 194~i, P.r.. ~;12, 20 P. ,8. ];?O.:14C; NOW, THEREli"ORE, this Indenture Witnessf'lth th.:1t. the sn:ld J. l;ULLABD FOUGHT and NEVIN B. FOUGHT, Executors ar; aforeflB.1.(l, by virtUf-' of tilE"' nO\"nr <-lDel But.hnrlty of sajd L8f:il1filll cmd T(>st;~n1ent rmd f;!1r'l DI'cran of 1;l<n OrplF-\ns Cou1'l i.lr(n:l;~r;ntcl, :tnrl in 1:'11'1: Illn!'.-\!;Jr))l (iI' i,ill', ~:lllll {If F'orty-:";ix Thousand ~;evnn JlundrE'C1 Fifty Cl1'Jd Ho/IO() (:~A(), ';')0. on) Dn]] ,I t'~;, lawful lllonny of t.he tTnitec1 r;tnb~.": of' Ampl':1.cu, .ill IUll'Hi n;d,r: hy Ulf~ 5.:11d J. ','iILLI\HD FOUGHT and HUTH II. [i'OUUH'j', hl!:i ,'life, ,,1 I; nm1 l'0fol'0 U1P 8rwpaling and delIvery hereof, U1P. J'oceipt whf~reoJ' l..'; IWl'(>by :iclil101'ilprlp;erl, !HlV0 gr~~nted, convpye(], hil 1'1',<1 :illr,!d, ::n1d, ,11.i 1"lJ"(~} ;'(,-- le:,1S8t1 [ll]I) confirmed, nm1 hy t,hfJ!in nl'f~spnts (10 I~rnn!:, cflnv0:r, lVll'g:dn, .',p'I"I, alL'>Il, l'nlHasn 811(1 confirlTl lmLo I,ltr~ f;:,~itl ,T. 'iiILLAHn li'OlJ(HI'I' nllrl tUJTJi U. J"OUUHT, his wif'p, l,llelr !lfd)'~j ,111d ns:::ll~ns, I\.L] Llin t: certain traci: of ["tlrlll hUlr! Logntl1nl.' wL f;h 1;f1{\ Llill)j'nv('III('lll:~; thereon el'ected s:tt-,nated in the 1'OWllShip of l':onroe, Gn1U1 I;:, of CUlllhr'J'l ;11111 <,lI1cl [3tate of Pennsylvania, more narticulnr1y hmU1<led Hntl tles~J'i hed ~.1:'i folloW's, to wit:- BEGINNING at a stone at the intersect.ion of n nubllc f OVlnsll i p roarl ('1'-559) with the pUblic t.ownship rOl1d (,P-'ii\2) Ip"rllnf~ fI'''" t 11.> lUll RORd tu the Lisburn Hoad; thence by the cpnter 0:1 1-.be flJ'st mentioned nubIle townshin road (T-559) nnd [11onr. l[mdf-i nJ' Dnvill PnrlP.rl Hnd JUnerva Zimmerman, South 2::tghty-two (82) l~egl'eN:; rii"t-,0.r"l1 (Vn minutes Viest, one thousand slx lmn<1l'eu i'.lrll'l;y-.l'lvp ('1,t'3~)) f'(>r~1'. 1(> p ~tonr~ at: l3nt1s formerly of JtAm ('llOll, nrw" I),' nincrv~l ~'ll1llil'n'mr::lil; I~IIPJI(~P nlonv s;lid lands of I,~lnervH Zlmme,rrnan, 0nul-,h f'nl'ty-oy}P (II"]) dnvrpf"[: j'Lrt~r>n (15") mlnute.s West, one thousand flve bHndr(~jl :;Jx!-:~r-tVI(l :"1\111 rJvc,-j-,enlh!'> (1,562.~n feet to a stone at lanel.": f.'nrlllPrJy or flc'vlll L. Her1:z1".l', now of Chal'lAs Hall i thAnCp. by lc.mds of ~c.d~d C\1;'l']Y:; il<ll] ;md ot~hers, 00nth f'orty-nJne ~49) degrnp~j flrto0r! (]~,) liIl.nub~[; F:!l[; i, nn'" thous<'Ind plv,ht hundT'fHl ten (1810~ rr~(d~ !:q ~nl .il'of1 ~'l1.1;r' in UH'> C"n+:cr ]jnr> of a nuhIle ront] f'nrrnnrly lUllh-lil ;I,c' 1-.11r:. lIi'iLl:l ;(n,;~d'l 0-'0:(. 21017), sn:l.r1 snU-r.'8 being also the northen.":terly Corl1Pl' of' hlllrL:; I1000J or formerly or c. E. I.Tsl'kley' thence l'\:long the <:cm,!-,p.r litH> of' -!-,hp -'O<-:d(l t'I','filJ HOudt' (L.R. 2101,;j the follo'Nlnv com'se~; nn(l dJsblll(~~!!;, namely: Horth forty-six (4(1) degl'eC'~ ~;:i.y, (06) jflinnte:"j J<;;".;1;, ()m~ llt,more(] five am] five-tnnth:, (105.5) J'P.pt t,f) <'Ill :il'on ~iP:Lh(!; Porth sevr~n~y ,(70) degrees Eas~, e1(';h1: hun<-11'0(1 fdf~ht:v-("!j,vhl: mvl J':i.vn.~h~ll'l-.h~-: ([WB.)) feet to Hnothnr lron 5n11\:8; Horth elf~hV,!-1-.hl'e(:l (83) (l('gl'n')~; forty (40) minutes E~l.st, three lnlnclred thirteen en3) feeL 1;0 :ll1ot.l1er iron spiIce in the centt~r line of a public township road ('I'_ri62) 108{i- ine; from the llf.!ill Road" to the Lisburn Road; thence alone the center line of the last mentioned public tovmshlp road (T-562), North one (01) degree thirty (30) winutes Enst, two thOllSEmd anA Inmdrnc1 sixty- three (2,163) feet t.o the point or nInce of DEGINT!INCr. COTJTAlNING one hunc'Jred ftve (105) acres n.ml one hun(lred tVH-mty- r:lV0 (],2)) pArches, be the same lIlorn or less. HAVING t.hereon erectetl [l two [lt1l1 o!'1n-!lnlf s Lory In'.IeJr dl',I(-d Lilli' house, brick Hnd frame bank burn cmd other buildings. BEING the same premi:,>es which Roy E. Richwine nnd fl.lv", I"f. lUchwlne, his wife, by their deed dated :.juy 251 1937, and recorded in T,he OrficH of the Recorder of Deeds in and for t.:umherland County, PennsylvDnia, in Deed Book "sn, Volume 11, Pace 557, granted and conveyed unto ~j. Fos tel' Fought, whose Executors are tbe Gr~llltors herein. TO HliVE AND TO I-fOLD the said tneSsuaf~8 or tenement nnd trae r... of 1l1nd, heredi'r.aments <:1nel premises hprAb:l f;l'cmhxl, cnnvpyccl and l'ele<l:wd, or mentioned and intended so to 1Jf~, with tbe rlprmrtenrll1ces, lIntotllo said J. VIILLI\HD FOUGHT and au'rn B. li'OUGH'r, hi~; wife, t!)r.d_r heirs [me] assigns, to and for t.ho only proDoI' w,n pml bdlOOf of them, tlw sn1(1 Grantees, their heirs nn~ nDsj.cns forAver. AND, I:he said (rl'ant.ol's, Executor!) <1.'1 nJ'()l'(~snJd, L!lPil' IW.ll'f;, Gxecuto.['S tlnd Eldministl'ators, (10 covnnnnt, prornlse ;:u1l1 fI~',rp(~ to rind wI th 1-.h0 :;ahi Grantees, I-,hp.ll' 110il's nnd nSfd.C:I1.<;, by ttlf'Sf.' p1'0!1nnt!.;, UFlt- Uwy, thr> said (rl'rmtoI's, hnvp not-. (lnr:,,""~, cOilmdtb'tl nny nct, II1n1.l.l'l' or thing 1jvlw tsoE"ver \'Ihereby the J1l'pm:b-;f:~s hm'(!b~r granted, or nny p8J'!; thereof, ls, are, shall or may he impeclchod, cllargc!d or nnCUmbe1'0cl in t1 tlf~, or ot.herwise howsoever. IN WITNgS;::; l,VHEREOF, ,T. WILLAHD Ji'CllJGHT and N1!:VlrJ D. FOm;lT'i', Execut.ors or the Last \~/ill and Testament of S. .F'ost(~r Fought, Vncerlsed. Grantors hereln, have hereunto set their hands and senIs the r18Y fJ,nd year first above written. ~)igned, sealed and dellvf~red , tl"~~) ~~es=fce." o~:" / ~~''',L 0-,,1, /(,/",.. / .. - - ...'/j _ _ ,,(1 Y ,(' _~:'S...L:.J::..2..J:.~~~~o"-.".,..,.. ",~ / in) J. lV /;~--' 0-"- f) ).__ _~tL --l!::ta.,-,,~LC_(f;F.I\L) ) J. Nill<.lrd our,;h~J/ )) , i-' '/ - / / ("I'-L) ~.,. . Ii . . '/ ,'t ,( ~~.~_.___,_"...j,',J ',It ) Nevin 11. Four;llt ) Execu.tors und(~r l;hF~ La[;t \',:111 ,1\1<1 ) 1'estument of fl. i,'o;.J'rl';l{ .F01J(;iI'l', Dp.cP[\~;ecl. , ,KY"- i\f,[:1 0:"\'7 !\:Jxy:J.i ',I"E1-031\ [jTATE OF PENNSYI.VAiHA f'(' '-'0. COUNTY OF CUMBERLAND On thIs tile t,l.!-- day or tl Notary PublJc in and fOl' the r;V.lte amI County n:f'Ol'o~;;d(l, thp. tlJ1(lPl'- '_ J"f'/' J, ,,', ~~>I , lCl63, hpfOl'P me, sl~med officer, personally appeClred J. VIILLAHD FOUC'rfl'l' nnc1 flEVJN -II. FOUGIl1', Executors of the Last Will and 'restament of 8. Foster )i'ongld~, Deee:) sed, DJ' tllo rj ta to 01' PCllns~r] vania, County of CurnlJ~I'lnnd, l,!>cwm to me (or ~;!Jtis.factorily provon) tn be tho parsons (1(.~!;cJ'il")r~d :in the f01'0goinr. instrument, unu <Jckno'illl:H1/'J!{) Uwt 1:hny pXGcute(l tlI0 fWllJ(-; ti'llned. in the CAract ty therein stated and for l,he nurposes tl\€,rein. cnn- In witness whel~eof, J hCl'f?l.mU) ~pt r,lY 11."IFl nnd nfflcJnJ .<:8H1. /ML t:.," \," !YYJ,?' \.- ....I.~. ~ //;:, \l.ECnROf.ll-OfflCE uf mE ----I..I..LI-a;--~&-. ----.........'o;--"'f".l.'. ":'.~JA.L} - . /_' ~CORIJEftOfOHI)S /-"(.....:...':\1. .~ ~ /,~J ..".,., ",.. / n At M~"Y LH ~llnlK, lffiUAt;pu~ii::~':, . ,.\.' , /'.' _~,~:i:t:-r. rl UIIUSll BIJROllGK CUH8fRUHO 'WiltJit , .'..: /.~ J~J~ '''CO''"''"OH'''IR''''Hf".\i~li&'~,{!;;.>;''> _~.)' ,_ PlflNSHVANlfl _----L ~~l( SChOll I)iil. CUlIlb. CG. Pa. 1% hly",alt Tranl"r T.~Z') ""JUl. '~L"'I6(...:. . " /1,'./d,dCx'''''n' .f!:.1f' ,~lnhL ~Il . ~~1. 1T' I Iwrehy !l:u1ifr '}Jd tbe Rf;(licltllu baQ ~'od OffiK:e d ~jl}lill Gra/J;J~(j i, P .) ., }) / , ;:.> ~"!--_..0.k4.ulJ.,':L.tcJ!.J..l1~"'"~'-'---'" / ) ('J; f' ;,{" , .L"'-:. _-14,~.,te,{u'::"'" C."lloU!lf-ar Mil. :t!l~t~!i:1~IN;r,;I,,~ t :,ifJ"" "I' t ,,;~..!'!...~,.. ':'::II'C<.; ......1,. "'1",.....-, ,,1\ ~l!....I#'~1 :IMfff,fJ':( I " \ \ r. ACEPERJF (9/94) AGREEMENT FOR THE SALE AND PURCHASE OF AN AGRICULTURAL CONSERVATION EASEMENT TO THE COMMONWEALTH OF PENNSYLVANIA AND A COUNTY JOINTLY IN PERPETUITY THIS AGREEMENT, made this ISt.5. day of .7"'-1 n ~ 20<10 by and among t:'&I-1l, g Pd "fh j residing at ~&" Ibl-~ f/ldO', /J1efi/.an,'~ $b;f~' f"... I7tJSS- ("Grantor(s) ') and the Commonwealt of pennsy bra (Commonwealth) acting through the Department of Agriculture, state Agricultural Land Preservation Board ("state Board") 2301 North Cameron street, Harrisburg, PA 17110-9408 and t"lOJlh h"",,!::',,'/ County, Pennsylvania, ("County") acting through ~ts County Agricultural Land Preservation Board, C~ I' I ;r /~ , Pennsylvania, (" County Board") (all the parties here~nafterare collectively referred to as Grantees) is an Agreement for the Sale and Purchase of an Agricultural conservation Easement. , WITNESSETH WHEREAS; Grantor(s) is/are the sole owner(s) of all that certain land situate in ff/ '" n r~ C" Township, /0$. 7). County, Pennsylvania consisting of <,0 ::'^, 7], acres of land together with the buildings and ~mprovements erected thereon and more particularly described in Exhibit "A" hereto ("the subject land"); and WHEREAS; Grantor(s) intend(s) to convey an agricultural conservation easement in the subject land to the Grantees pursuant to the Agricultural Area Security Law, 'P.L. 128, No. 43, June 30, 1981 (3 P.S. Section 901-915) as amended (hereinafter lithe ]l.ct"); and WHEREAS; the state Board, a departmental board within the Pennsylvania Department of Agriculture, is authorized under the Act to execute agreements for the purchase of agricultural conservation easements and to purchase agricultural conservation easements jointly in the names of the Commonwealth and the county; and WHEREAS; the Commonwealth acting through the State Board, has approved the purchase of an agricultural conservation easement in the subject land jointly with the county; and WHEREAS; the County has adopted a program for purchasing agricultural conservation easements which program has been certified by the State Board pursuant to the Act; and WHEREAS; the County acting through the county Board has recommended that the Corr~onwealth and the County jointly -1- 3. Upon payment of the purchase price and any reimbursement for costs incident to the purchase of the agricultural conservation easement as set forth in Article III, the allocation made to the County from the Agricultural Conservation Easement Purchase Fund shall be reduced by the amount paid by the Commonwealth. ARTICLE III 1. The state Board and the County Board agree that the costs set forth in the statement of Costs submitted to the state Board by the County Board and attached as Exhibit "B" hereto are costs incident to the purchase of the agricultural conservation easement. 2. At closing, the Commonwealth shall deliver a check in the amount of S /7/, 3i'i'. 0 6 to the Grantor(s) as payment for the Commonwealth's portion of the purchase price. At closing, the Commonwealth shall also deliver a check in the amount of S to the County as payment for the costs incident to the purchase of the agricultural conservation easement so long as. these costs actually have been incurred and approved by the state Board as part of the statement of Costs. 3. within 10 days after the closing of the purchase of the agricultural conservation easement, the County Board shall submit to the state Board a settlement statement, including an accounting for all funds received from the Commonwealth in connection with the purchase and a copy of the executed Deed of Agricultural Conservation Easement. 4. within 10 days after the closing of the purchase of the agricultural conservation easement, the County Board may submit a request for payment of its unreirr~ursed costs incident to the purchase of the agricultural conservation easement to the state Board. Payment of such costs will be approved by the state Board at its next regularly scheduled meeting so long as such costs are reasonable, within the scope of the statement of Costs, and the allocation of funds from the Agricultural Conservation Easement Purchase Fund to the County is sufficient to pay for such costs. 5. If the closing of the purchase of the agricultural conservation easement is not held within the time established pursuant to this Agreement, the Countv shall return immediately all funds received from the Commonwealth in connection-with this Agreement. ARTICLE IV Grantor(s) represent(s), warrant(s) to, and covenant(s) with the Grantees that: -3- . . 1. Grantor(s) are adult individuals having the full power, capacity and authority to enter into this Agreement. 2. Grantor(s) have been advised and encouraged to have legal counsel review this Agreement on their behalf prior to signing it. 3. Grantor(s) have read this Agreement and understand its contents and that it restricts the use of the subject land to agricultural production and, knowing this, voluntarily enter into this Agreement. 4. The information and statements set forth in the Application Form, Locational Map, soils Report and crop Report furnished by the Grantor(s) to the County Board pursuant to 7 Pa. Code Section 138e.61 is true and correct and that all facts necessary to prevent the information and statements from being misleading have been disclosed. 5. Grantor(s) acknowledges that any violation of the terms of this Agreement or the Deed of Agricultural Conservation Easement, when delivered, shall entitle Grantees, their successors, assigns or designees to obtain an injunction against such violation from a court of competent jurisdiction along with an order requiring Grantor(s), his heirs, executors, administrators, successors or assigns to restore the subject land to the condition it was in prior to the violation, and recover any costs or damages incurred including reasonable attorney's fees. Such relief may be sought jointly, severally, or serially. F_~TICLE V The County Board represents, warrants to, and covenants with the Grantor(s) and the state Board that: 1. The County Board has been duly established by the county and is validly existing under the laws of the Commonwealth of Pennsylvania. 2. The County Board has adopted rules and regulations for the administration of a countYVlide program for the purchase of agricultural conservation easements within agricultural security areas. 3. The County Board is in compliance with the constitution and laws of the Commonwealth, including the Act and the Regulations issued pursuant to the Act and has full power and authority to consummate all transactions, execute all documents, including this Agreement, and perform all acts contemplated in this Agreement in the name of the County. 4. The County Board has reviewed the information and statements set forth by the Grantor(s) in the Application -4- Form, Locational Maps, Soils Report, and Crop Report furnished to the County Board by the Grantor(s) pursuant to 7 Pa. Code Section 138e.61 and has found that the subject land is in an agricultural security area and qualifies for the purchase of an agricultural conservation easement under the Act and Regulations. 5. The County Board has furnished a summary Report, Title Report and proposed legal description for the subject land to the state Board pursuant to 7 Pa. Code Section 138e.91 and has recommended that the Commonwealth purchase an agricultural conservation easement in the subject land. 6. The County Board has complied with all provisions of the Act and Regulations in reviewing and recommending that the Commonwealth purchase an agricultural conservation easement in the subject land. 7. The information and statements contained in the Summary Report, Title Report and Proposed Legal Description furnished to the State Board by the County Board pursuant to 7 Pa. Code Section 138e.91 are true and correct and that all facts necessary to prevent the information and statements from being misleading have been disclosed. ARTICLE VI The State Board represents, warrants to, and covenants with the Grantor(s) and the County Board that: 1. The state Board is a departmental board within the Pennsylvania Department of Agriculture. 2. The state Board is in compliance with the Constitution and laws of the Coro~onwealth, including the Act and the Regulations, and has full power and authority to consurr~ate all transactions, execute all documents, and perform all acts contemplated by this Agreement in the name of the Corr~onwealth. PRTICLE VII 1. Grantor(s) shall not develop or use the subject land for any purpose other than agricultural production. 2. Grantees or their designees or either of them jointly or severally, shall have the right to prevent the development or use of the subject land for any purpose other than agricultural production. 3. Agricultural production consists of, and is limited to, the production for commercial purposes of crops, livestock and li~estock products, including the processipg or retail market~ng of the crops, livestock or livestock'products if -5- more than 50% of the processed or merchandised products are produced on the subject land. Crops, livestock and livestock products include, but are not limited to: (a) Field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans; (b) Fruits, including apples, peaches, grapes, cherries and berries; (c) Vegetables, including tomatoes, snap beans, cabbage, carrots, beets, onions and mushrooms; (d) Horticultural specialties{ including nursery stock{ ornamental shrubs{ ornamental trees and flowers; (e) Livestock and livestock products{ cattle{ sheep { hogs, goats { horses { poultry{ furbearing animals{ milk{ eggs { and furs; and (f) Tirnber{ wood and wood products derived from trees; (g) Aquatic plants and animals and their by-products. 4. This agricultural conservation easement shall not prevent the actions permitted under Section 14.1(C)(6)(i)-(v) of the Act. 5. This agricultural conservation easement shall be perpetual in duration. 6. Grantees' exercise or failure to exercise any right conferred by the agricultural conservation easement shall not be deemed to be manacrement or control of activities on the subject land for purposes of enforcement of the Act of October 18{ 1988{ (P.L. 756, No. 108), known as the Hazardous Sites Cleanup Act. 7. Grantor(s), his heirs, executors, administrators { successors or assigns agree to hold harmless{ indemnify and defend Grantees{ their successors or assigns from and against all liabilities and expenses arising from or in any way connected with all claims, damages, losses{ costs or expenses { including reasonable attorneys fees{ resulting from a violation or alleged violation of any State or Federal environmental statute or regulation, including but not limited to, statutes or regulations concerning the storage or disposal of hazardous or toxic chemicals or materials. The obligation imposed by this paragraph shall not merge with the Deed of Agricultural Conservation Easernent{ but shall survive the closing. I -6- ARTICLE VIII 1. The closing of the sale and purchase set forth in this Agreement shall occur on a date to be established by the parties which date shall be no more than 120 days from the date of complete execution of this Agreement by the Commonwealth. Closing shall be held at e.al'/;sl" or in another location in (i rJ In ;..?rIQ 11 A County,. Pennsylvania as agreed ~~ong the parties in writing. 2. At closing, Grantor(s) shall deliver to Grantees a fully executed Deed of Agricultural Conservation Easement in the form attached as Exhibit "C" hereto. Grantor(s) further agrees to execute and deliver to Grantees any other documents necessary to record such Deed of Agricultural Conservation Easement. The County Board shall record the Deed of Agricultural Easement i~~ediately following closing. JI.RTICLE IX 1. At the time of the closing as set forth in Article VIII of this Agreement, the agricultural conservation easement shall be free and clear of all liens, mortgages, options, rights of others in surface mineable coal, land use restrictions, and other encumbrances except as set forth below: 2. Grantees' obligation to purchase the agricultural conservation easement set forth in this Agreement is conditioned upon Grantor(s) being able to convey the agricultural conservation easement free and clear of all encumbrances except as set forth in this Article IX. Should Grantor(s) be unable to convey the agricultural conservation easement as set forth in this Agreement, Grantees may, at Grantees' sole option and discretion terminate this Agreement or extend the time for clcsing by a period of up to thirty days. Should Grantor(s) be unable to convey the agricultural conservation easement as set forth in this Agreement at the expiration of such thirty day extension, this Agreement shall terminate and Grantees shall have no further obligation to proceed to closing. 3. At closing, the County Board shall provide a title insurance policy naming the Grantees as the insured and issued by a Title Insurance COIDnany that is authorized to issue title insurance in the Commonwealth of pennsylvania. Such title insurance policy shall fully insur~ Grantees' -7- . interest in the subject land. All exceptions to such title insurance pOlicy, except as noted in paragraph 1, shall be removed prior to closing. The cost of such title insurance policy shall be paid by the County Board and shall be considered a cost incident to the purchase of the agricultural conservation easement set forth in this Agreement. ARTICLE X The information and statements set forth in the Application Form, Locational Map, Soils Report, and Crop Report, furnished by the Grantor(s) to the County Board pursuant to 7 Pa. Code Section 138e.61, and the Summary Report, Title Report, and proposed Legal Description furnished to. the State Board by the county Board pursuant to 7 Pa. Code section 138e.91 are incorporated in and made a part of this Agreement by reference thereto. Should any of the information set forth in the documents referenced in this Article X be other than as represented in such documents, the State Board may, at the state Board's sole option and discretion, terminate this Agreement, waive such nonconformity, or extend the time for the closing of the sale and purchase set forth in this Agreement for thirty days. A waiver of a nonconformity pursuant to this Article X must be in writing and signed by an authorized official of the State Board. Should the State Board choose to extend the time for the closing of the sale and purchase pursuant to this Article X, the State Board shall provide Grantor(s) and the County Board with a written statement of the nonconformity which must be corrected prior to closing. Should Grantor(s) fail to correct such nonconformity within such thirty day period, the Grantees' obligation to purchase the agriculture conservation easement set forth in this Agreement shall terminate. ARTICLE XI 1. All taxes imposed upon this sale and purchase of an agricultural conservation easement or the recording of the Deed of Agricultural Conservation Easement by any taxing authority shall be paid by the Grantor(s) at the time of closing. 2. All fees levied for the recording of the Deed of Agricultural Conservation Easement shall be paid by the County at the time of the closing. The obligations imposed on the respective parties by this Article XI shall not merge with the Deed of Agricultural Conservation Easement, but shall survive the Closing. ~RTICLE XII Upon execution by the Grantor(s) this doc~ment shall -8- , constitute an offer by the Grantor(s) to sell and convey an agricultural conservation easement to the Grantees. This offer shall be deemed to be accepted by the Grantees at such time as the state Board approves the recommendation of the County Board to purchase an agricultural conservation easement in the subject land. This Agreement shall become effective only upon acceptance by the Grantees and approval and execution by all persons designated on the signature page or pages of this Agreement. The failure of the Grantees to accept and execute this Agreement shall terminate the obligations of all parties to this Agreement. ARTICLE XIII 1. The time set for the closing and all other times set forth in this Agreement, shall be considered to be of the essence of this Agreement. The failure of a party to perform an action within the time required in this Agreement shall be considered to be a material breach of this Agreement. 2. This Agreement is expressly conditioned upon the availability of funds for the purpose of funding the purchase of the agricultural conservation easement provided for herein. In the event that such funds are not available, Grantees' obligations under this Agreement shall terminate. 3. Any amendment or modification of the terms of this Agreement shall have no force or effect unless it is in writing and signed by all parties hereto. 4. This agreement and all other agreements executed pursuant hereto shall be deemed to be contracts made under the laws of the Commonwealth of Pennsylvania and for all purposes, shall be construed in accordance with the laws of such Commonwealth. . 5. The Grantor(s) and the County Board shall comply with the provisions of the Contractor Integrity Clause, Exhibit D and the Nondiscrimination Clause, Exhibit E, attached hereto and incorporated herein. 6. No terms or provisions of this Agreement shall be deemed waived, and no breach excused, unless such waiver or consent to a breach shall be in writing and signed by an authorized official of the Commonwealth. ~~y waiver of a provision or consent to a breach, whether expressed or implied, shall not constitute a waiver of, or consent to, any other subsequent breach. -9- IN WITNESS WHEREOF, the parties to this Agreement have executed it in their own name or through their respective duly authorized officers, as of the date first above written. tl~~ ,(J ~~ t/ [] 6' /~- 0 ( . GRANTOR(S) 12..d'~ 6. FrJ""iA t- ';t ~ (~~~ [,;{/ \.J {; (\ {Ol Attest: [Date] SS# [Date] [Date] SSjj: [Date] [Date] [Date] SS# Grantor's Federal I.D. Number (if appllcable) Attest: COUNTY OF eo ,.11/;"'" fa VII/' PENNSYLVANIA, COUNTY AGRICULTURAL LAND PRESERVATION BOARD By: L-u",,-/ --/ cd~ Namo/-' [D. _'1teY' b/I rlo I -By: ':;tt.~ ro-~r'\'-;:;;' Name: [Date] , Title:~-1>I4''''{ -S,I4JM.,.,j III CHa I r pili'.., # In-/. i a2. 3 - 6t:Jt1 3 i I 9 County Federal I.D. No. By: ..2 3 Name: [Date] -10- I hereby certify that I am the Solicitor for the County and the county Board, that I have reviewed this Agreement and the documents referenced in the Agreement, and that they are properly executed and in the proper form and are in accordance with the laws of the Commonwealth of Pennsylvania' and the County. [Date] Attest: COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF AGRICULTURE, STATE AGRICULTURAL LAND PRESERVATION BOARD By: Name: (Date] By: SECRETARY OF AGRICULTURE CHAIRMAN, STATE AGRICULTURAL LAND PRESERVATION BOARD Approved for form and legality: By: Chief Counsel [Date] Department of Agriculture Preapproved form: OGC No. 2-K-451 Approved OAG 04/25/91 I hereby certify that funds in the amount of are available under appropriation symbol -2-4400-451 and in the amount of are available under appropriation symbol -2-4400-633. S 113-004-201- S 113-004-201- [Da1:e] Office of the Budget [Date] Comptroller -11- 1'8 :)~J u PGJER OF ATIORNEY ""~ KlUl AIL Mrn BY 'lllESE PRESEN'IS, That I, RlJ'IH B. FOUGHI:, of 978 Park Place, M>cl1anicsburg, Cu:Iberland Coonty, Pennsylvania, have made, constituted and appointed and by these presents de make, constitute and appoint J. WI!1.ARIl FOOGIT, of 978 Pari<: Place, Mechanicsburg, a.mDerland Coonty, Pennsylvania, as my attorney in fact with the power to transact any business in my name as though I myself 'Nere acting. This ~ includes, but is not limlxed to, the following; 1. To take all lawful steps to recover, collact and receive any anounts of nvney, now or hereafter owing or payable to me, and to ~e and eJ<ecute releases or other sufficient discherges for them; 2. To enter any safe deposit box of which I am a renter in my own right or jointly with others, to open new safe deposit boxes, and to add to or rermve any of the contents of any such safe deposit boxes I and to close "" "- e;.:tI)1 0>- J,J..j UJ l-- _I LLJZ r.,~ :~~ g ,. n , t~ ~ out any of the boxes; 3. To deposit funds in and withdraw funds iran any account thet I may have in any bank, trust canpany, tllltual savings bank or savings and loan association, including accounts I may hold jointly with other persons, or to deposit funds in and withdraw funds iran any account in any financial ins titution which my said attorney may create for that purpose; 4. To endorse notes, checks, drsfts and bills of exchange, which may require my endersanent for deposit, for cashing or for collection; 5. To sell, transfer or assign any personal property, stock, I bond or other security or evidence of debt which I am now possessed or in which I may have or hereafter acquire an interest and to execute any and all inst:.nnents necessary to make such sale, transfer or assigr1:nent; 6. To incur and pay any expense of keeping my real estate at 978 Park Place, Mechanicsburg, Cumerland Coonty, Pennsylvania, and any other real estate I may own or have an interest in or may hereafter acquire, in good order I and repair, to pay all taxes and other expenses necessary to keep and maintain I my said real estate; to lease all or parts of my real estate; to bo= on the I security of said real estate and give a IrDrtgage to secure such loan; to sell any part or all of my said real estate for such price and to such purchaser as .) i ~ ~ ~ cJ ---.. J~..... P. 6<>0.... &nOK 677 l'AGf t144 my attorney-in-fact shall dean advantag<lO\JS; and to manage, improve, maintain, restore, build or develop such property; 7. To purchase or otherwise acquire any interest in and acquire possessi.on of real property and to accept all deeds and other assurances in the law for such property; 8. To execute, deliver, and acl<nowle<lge deeds, deeds of trust, coverumts, indentures, agreeaents. mortgages, hypothecationa, bills of lading, bills, bonds, notes I receipts, evidences of debts. releases and satisfac:tioos of 1IXlrt:gage, jl.ll:lgpEnt, groutld rents and other debts; 9. To withdraw and receive the incane or corpua of any trust; 10. To sue and settls suits of any kind in my rume or for my benefit; 11. To sign, assign or endorse any security issued by any corporation bank or other organization and to exercise any rights with respect thereto that I may have; 12. To borrow uooey for my account on whatever tems and conditions as may be deemed advisable, including the right to borrow uooey on any insur policies issued on my life for any purpose, and to pledge, assign, and deliver is such policies as security. 13. To prepare, execute and file all tm< returns required to be made bY!re, to pay the taxes due, to collect any refunds. to sign waivers extending the period for the assesSllElt of such taxes or deficiencies in them, to sif'll consents to the imrediste assessment of deficiencies and acceptances of propose overassesSlMtlts. to execute closing agrearents, and to engage and appoint attorneys to represent me in comection with any matters arising before any federal, state or local tm<ing agency; 14. To disclaim any interest in property, and to cla1m an elective share of the estate of my deceased spouse; 15. To renounce fiduciary positions; 16. To arrange for my entrance to and care at any hospital, nursing hare. health center, convalescent hare, retiranent hare, or similar institution and to arrange for, consent to, waive and tenninate any and alllOOdical and sur gical procedures on my behalf, including the administration of drugs, and to pay all biUs for my care; 17. To create a trust for my benefit and to make additions to an existing trust for my benefit; 18. To make gifts. ~ 6 Ff:- ~ ~ :;f ct wor, 677 ~lc[1145 -2- If m; attorney-in-fact nailed above shall be or becare unable or unwilling to serve or to oontin:ue to serve, then 1 appoint in his stead or ss his successor, m; son, JAY WlLURD rouGIT, of 978 Park Place. ~csburg, CUIberland County, Pennsylvania. Subject to the foregoing, I authorize nv atto1:t1ey-in-fact to appoint a substitute or successor to act as attorney-in-fac with the sane l'<""'rs ss though nailed by me in this Power of Attorney. I do hereby ratify and coniUm all that m; attorney-in-fact and a substitute or successor shall lawfully do, or cause to be done, by viture of this Power of Attorney. This Power of Attorney shall not be affected by m; physical or nental disability or incapacity or by uncertainty as to "*'ether 1 am dead or alive, and it my be accepted and relied upon by anyone to man it is presented \Dtil such person either receives written notice of revocation by me or a guardian (or similar fiduciary) of m; estate, or has actual knowledge of m; death. My atto1:t1ey-in-fact shall be entitled to reasonable caIp!IlSation for services perf=d hereunder. IN Wl'INESS 1oHEREOF. and intending to be legally bound hereby, I have signed this Power of Atto1:t1ey this J. I day of l-r) CJ>/V-Z 1984, WI'INES5 : ~W~,tJ~A ~;)l. o.lj~'Iti:Y1IP(.J ~D1 OF PENNYSLV.oof CCXJN'IY OF aJI1IlERU,ND J(.....;t;t n, 71 ()....<..v~.2.-;f-' Ruth B. Fought (SEAL) 55. c~ t On this, the)I"' day of ~{a 1(' ~ , 1984, before me, a Notary Public. persooal1y appeared Rl1lR B. p::JU<;Hr. known to me (or satis- factorily proven) to be the person .nose name is subscribed to the within instrurrent, and acknowledged that she executed the same for the purposes there- jn concained. IN Wl'INESS YlHEREOF, 1 hereunto Set m; hand and offici4l.,~., T' ,. . >1~. 12c:J~;';" '~'i '~'. . o. . .;:~::~.~: j ,I' .\~~<.~: ..,/' My CoIlml.sS1.Ol1 Expll"es, . . "') ." ..,." . ,,, r ,.;"t. ,..1,..../\,..,1 ,. ...,SA A. Y'.<;";13AIlr,l-l "-~<lrv "'ub '~ ". .' . ",.,.~\-.,:. $.niremal1s1cwn.Cu.!.l\UIiI.(land. (0-. a. ,> ~ COillirniuion bpirl!i~(I16. 1987 BOO! 677 fAGE t116 -3- " J 719d r(~I.-\ :--."1')~:'~7:~ '~,~:":"L:'-R .t oJ.... _ ,'. ;' ._ .~. d - . . '1r:01'!','.:" ..r. n:"t'DS :\ '- ~J '.1 " ,. '." ., ", I \..- """B""""".~Jn C'Y'llT'f - PA ..... -..1,'1 l~r\~.:II.". '. oJ DPERJF (5/91) , DEED OF AGRICULTURAL CONSERVATION ~HQYm9 PrI TO THE COMMONWEALTH OF PENNSYLVANIA AND A COUNTY JOINTLY IN PERPETUITY 3 51 TIj,Ii\.. DEED OF AGRICULTURAL CONSERVATION EASEMENT t made this ...:t!:. day of November 2001 by and between Jay Willard Fou ht Executor of Las 1 es n ~einafter, "Grantor") and the Commonwealth of Pennsy vania-a~a the County of Cllmh"l'lRnn , Pennsylvania (hereinafter collectively referred to as "Grantees") in joint ownership pursuant to the Agricultural Area Security Law (P.L. 128, No. 43) as amended (hereinafter "Act") is made pursuant to the Act. WHEREAS, Grantor is the sole owner of all that certain land situate in Monroe Township, Cumberland County, Pennsylvania more particularly described in Exhibit "A" attached hereto consisting of 105.72 acres and all. buildings and improvements erected thereon ("the subject land"); AND W.~EREAS, the State Agricultural Land Preservation Board has'determined to purchase an agricultural conservation easement in the subject land pursuant to the Act; AND WHEREAS, the Agricultural Land Preservation Board of Cumberland County, Pennsylvania has determined to purchase an agricultu~al conservation easement in the subject land pursuant to the Act; AND WHEREAS, all holde~s of liens or other encumbrances upon the subject land have agreed to release or subordinate their interests in the subject land to this Deed of Agricultural Conservation Easement and to refrain from any action inconsiste~t with its purpose; NOVI THEREFORE, in consideration of the sum of $321.389.00 dollars, the receipt and sufficiency of which is hereby acknowledged, Grantor does voluntarily grant, bargain and sell, and convey to the Commonwealth of Pennsylvania as 53.33% percent joint owner and the County of Cumberland , Pennsylvania as 46.67%percent joint owner, their successors and assigns, (hereinafter "Grantees") and Grantees voluntarily accept, an agricultural conservation easement in the subject land, under and subject to the Act and the following terms and conditions: 1. Permitted Acts - During the term of the agricultural conservation easement conveyed herein, the subject land shall be used solely for the production for commercial purposes of crops, livestock and livestock products, including the processing or retail marketing of such crops, livestock or livestock products if more than fifty percent of, such processed or merchandised products are produced on the subject land (hereinafter "agricultural production"). For purpose of this Deed, "crops, livestock and livestock G:~:( 682 F.\CE ~468 products" include, but are not limited to: (a) Field crops, including corn, wheat, oats, rye, barley, hay, .potatoes and dry beans; (b) Fruits, including apples, peaches, grapes, cherries and berries; (c) Vegetables, including tomatoes, snap beans, cabbage, carrots, beets, onions and mushrooms; (d) Horticultural specialties, including nursery stock ornamental shrubs, ornamental trees and flowers; (e) Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, furbearing animals, milk, eggs and furs; (f) Timber, wood, and other wood products derived from trees; and (g) Aquatic plants and animals and their byproducts. Except as permitted in this Deed, neither Grantor nor his agents, heirs, executors, administrators, successors and assigns, nor any person, partnership, corporation or other entity claiming title under or through Grantor, or their agents, shall suffer, permit, or perform any activity on the subject land other than agricultural production. 2. Construction of Buildinqs and Other Structures - The construction or use of any building or other structure on the subject land other than as existing on the date of the delivery of this Deed is prohibited except that: ta) The erection of fences for agricultural production and protection of watercourses such as lakes, streams, springs and reservoirs is permitted. (b) The construction of one additional residential structure is permitted if; (i) The construction and use of the residential structure is limited to providing housing for persons employed in farming the subject land on a seasonal or full-time basis, (ii) No other residential structure has been constructed on the restricted land at any time since the delivery of the Deed, (iii) The residential structure and its curtilage occupy no more than two acres of the subject land, and (iv) The location of the residential structure and its driveway will not significantly harm the economic viability of the subject land for agricultural proauction. (c) The construction or use of any building or other structure for agricultural production is permitted. eOOK 682 fACE1469 (d) The replacement of a residential structure existing on the restricted land on the date of the granting of.the easement is permitted. . 3. Subdivision - The subject land may be subdivided if subdividing will not harm the economic viability of the subject land for agricultural production. If the subject land is subdivided, the Deeds to all of the subdivided parcels shall state on which of the subdivided parcels the residential structure permitted by this Deed may be constructed. Deeds to all other parcels shall recite that no additional residential structure is permitted. 4. Utilities- The granting of rights-of-way by the Grantor, his heirs, executors, administrators, successors and assigns, or any person, partnership, corporation or other entity claiming title under or through Grantor in and through the subject land for the installation, transportation, or use of, lines for water, sewage, electric, telephone. coal by underground mining methods, gas, oil or oil products is permitted. The term "granting of rights-of-way" includes the right to eonstruct or install such lines. The construction or installation of utility lines other than of the type stated in this paragraph is prohibited on the subject land. 5. Mining - The granting of leases, assignments or other conveyances or the issuing of permits, licenses or other authorization for the exploration, development, storage or removal of coal by underground mining methods, oil and gas by the owner of the subject land or the owner of the underlying ccal by underground mining methods, oil and gas or the owner of the rights to develop the underlying coal by underground mining methods, oil and gas, or the development of appurtenant facilities related to the removal of coal by underground mining methods, oil or gas development or activities incident to the removal or development of such minerals is permitted. 6. Rural Enterorises - Customary part-time or off-season minor or rural enterprises and activities which are provided for in the Ccunty Agricultural Easement Purchase Program approved by the State Board are permitted. 7. Soil and Water Conservation - All agricultural production on the subject land shall be conducted in accordance with a conservation plan approved by the County Conservation District or the County Board. Such plan shall be updated every ten years and upon any change in the basic type of agricultural production being conducted on the subject land. In addition to the requirements established by the County Conservation District or the County Board the conservation plan shall require that: (i) The use of the land for growing sod, nursery stock ornamental trees, and shrubs does not remove BOOK 682 ?AtE1470 , excessive soil from the subject land, and (ii) The excavation of soil, sand, gravel, stone or other materials for use in agricultural production on the land is conducted in a location and manner . that preserves the viability of the subject land for agricultural production. 8. Responsibilities of Grantor Not Affected - Except as specified herein, this Deed does not impose any legal or other responsibility on the Grantees, their successors or assigns. Grantor shall continue to be solely responsible for payment of all taxes and assessments levied against the subject land and all improvements erected thereon. Grantor shall continue to be solely responsible for the maintenance of the subject land and all improvements erected thereon. Grantor acknowledges that Grantees have no knowledge or notice of any hazardous waste stored on or under the subject land. Grantee's exercise or failure to exercise any right conferred by the agricultural conservation easement shall not be deemed to be management or control of activities on the subject land for purposes of enforcement of the Act of October ~&, ~988, (P.L. 756, No. 1081, known as the Hazardous Sites Cleanup Act. Grantor, his heirs, executors, administrators, successors or assigns agree to hold harmless, indemnify and defend Grantees, their successors or assigns from and against all liabilities and expenses arising from or in any way connected with all claims, damages, losses, costs or expenses, including reasonable attorneys fees, resulting from a violation or alleged violation of any State or Federal environmental statute or regulation including, but not limited to, statutes or regulations concerning the storage or disposal of hazardous or toxic chemicals or materials. 9. Enforcement - Annually, Grantees, their successors, assigns or designees shall have the right to enter the subject land for the purpose of inspecting to determine whether the provisions of this Deed are being observed. Written notice of such annual inspection shall be mailed to the Grantor, his heirs, executors, administrators successors or assigns at least ten days prior to such inspection. The annual inspection shall be conducted between the hours of e a.m. and 5 p.m. on a weekday that is not a legal holiday recognized by the Commonwealth of Pennsylvania or at a date and time agreeable to the county and the landowner. BOOK 682 PAGE1471 Grantees, their successors, assigns or designees shall also have the right to inspect the subject land at any time, without prior notice, if Grantees have reasonable cause to believe the provisions of this Deed have been or are being violated. . Grantor acknowledges that any violation of the terms of this Deed shall entitle Grantees, their successors, assigns or designees to obtain an injunction against such violation from a court of competent jurisdiction along with an order requiring Grantor, his heirs, executors, administrators, successors or assigns to restore the subject land to the condition it was in prior to the violation, and recover any costs or damages incurred including reasonable attorney's fees. Such relief may be sought jointly, severally, or serially. ~O. Duration of Easement - The agricultural conservation easement created by this Deed shall be a covenant running with the land and shall be perpetual in duration. Every provision of this Deed applicable to Grantor shall apply to Grantor's heirs, executors, administrators, successors, assigns, agents, and any person, partnership, corporation or other entity claiming title under or through Grantor. ~l. Conveyance or Transfer of the Subject Land - Grantor, his heirs, executors, administrators, successors or assigns, and any person, partnership, corporation, or other entity claiming title under or through Grantor, shall notify Grantees in writing of any conveyance or transfer of ownership of the subject land. Such notification shall set forth the name, address and telephone number of the Grantor and the party or parties to whom ownership of the subject land has been conveyed or transferred. This obligation shall apply to any change in ownership of the subject land. The restrictions set forth in this Deed shall be included in any Deed purporting to conveyor transfer an ownership interest in the subject land. 12. Aoolicability - Every provision of this Deed applicable to Grantor shall apply to Grantor's heirs, executors, administrators, successors, assigns, agents, and any person, partnership, corporation or other entity claiming title under or through Grantor. ~3. Interpretation - This Deed shall be interpreted under the laws of the Commonwealth of Pennsylvania. For purposes of interpretation, no party to this Deed shall be considered to be the drafter of the Deed. All provisions of this Deed are intended, and shall be interpreted, to effectuate the BOOK 682 PAGE 14. 72 intent of the General Assembly of the Commonwealth of Pennsylvania as expressed in Section 2 of the Act. To have and to hold this Deed of Agricultural Conservation~asement unto the Grantees, their successors and assigns in perpetuity. AND the Grantor, for himself, his heirs, executors, administrators, successors and assigns does specially warrant the agricultural conservation easement hereby granted. IN WITNESS WHEREOF, the undersigned have duly executed this Deed on the day first written above. GRANTOR ate of Ruth B. Fought [Seall [Seal] [Seal] [Seal] B SUBJECf, ALSO, to the Subdivision Guidelines and the County of C~berland Agricultural Land Preservation Program, as approved by the State Agncultural Land Preservation Board on February 22, 1996, and as hereafter revised in accordance with the guidelines and/or regulations on the said State Board, which County.Subdivision . Guidelines are incorporated herein by reference, as subsequently reVIsed as aforeSllld, and made a part hereof. eOQK 682 fACE1473 ACKNOWLEDGMENT COUNTY OF CUMBERLAND ss: COMMONWEALTH OF PENNSYLVANIA H... On this , day of November 2001 before me, the subscriber, a Notary Public for the Commonwealth of Pennsylvania, residi~g in the City of Carlisle persC>'la' ly ~peared. the aoov..e. . named Jay WIllard Fougllt, Executor of 1I1e'Last-Wm &: TestaMent of1tlith B.Foullht and in due form of law acknowledged tne aoove ueea ot Agricultural Conservation Easement to be their voluntary act and deed,. and desired the same to be recorded as such. WITNESS my hand and Notarial Seal the day and year aforesaid. J. Notary Public My Commission expires: IIOUIIl' a. _.lIClbII'fl'lllUC CAllUll.l,C'~ -1JIlI>IIDCOUIIIY.'A IIVcorM""'I,*_.IllNl~_ "c.i!:;;:'I"'~'" :"....r.'1;. .'"'. .....4~.,...;;;..~ l.i"" /:'I'r:;~";': :.:. :., . ..:;..,. ",t,r:. .'J'<,il'" . ", tJ::. -"",ftI.j ~ .........'4_. I- >21 '''I'' J';;'~ ~ d:~ " "'f:. :"lJ""'-';...""/l'!':~~..J'-':"" ~-i <<l ~f ........'i:,j.:: ..-, ~.~'~ ,'~, 0 ,'. :!:~jfff' . .:j"- I .,:-. ~\~}.if,~lh'~< ct.,,;' 1'" '~'~'fl1~~;~v,:..... .,- ~~~ '~":...~""." ~ iI~ ".,.'i'~" . .~I.., . '" ..~:. ....'. BOQ~ 682 rACE 14 7-1 EXillBIT "A" LEGAL DESCRIPTION Ruth B. Fought Estate ALL that certain tract of/and situated in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows; BEGINNING at a stone at the intersection of township roads T-559, now know as Baish Road, and T-562, now known as Speedway Drive; thence by the center of Baish Road, South 82 degrees 15 minutes West 1,635 feet to a stone at lands now or formerly of Creed in and JoAnne Paulus; thence by Paulus lands, South 41 degrees 15 minutes West 1,562.5 feet to a stone; thence by lands now or formerly of Barbara Marbain, South 49 degrees IS minutes East, 1,810 feet to an iron spike in the centerline of SR 2008, now known as Park Place Road; thence along the centerline of Park Place Road the following courses and distances: North 46 degrees 06 minutes East 10S.s feet to an iron spike; thence North 70 degrees East 888.5 feet to an iron spike; thence North 83 degrees 40 minutes East 313 feet to an iron spike in the centerline of Park Place Road; thence along Speedway Drive, North 1 degree 30 minutes East 2,163 feet to the place of BEGINNING. CONTAINING 105 ACRES AND 125 PERCHES, BE THE SAME, MORE OR LESS. LESS HOWEVER, a portion of land approximately 2,860 square feet given to the Commonwealth of Pennsylvania, Department of Transportation, by deed dated June 27,1986, and recorded in Deed Book A, Volume 32, Page 855. BEING the same premises that J. Willard Fought and Nevin B. Fought, executors under the Llast Will and Testament of S. Foster Fought, by deed dated September 6, 1963, granted and conveyed to J. Willard Fought and Ruth B. Fought, said deed recorded September 6, 1963 in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book Y, Volume 20, Page 1037. LEAVING 105.72 ACRES SUBJECT TO AN AGRICUL TURAL CONSERVATION EASEMENT. The said J. Willard Fought having died, January 1.1987, title to the same remained vested by operation of law solely in his surviving spouse, Ruth B. Fought. The said Ruth B. Fought died June 16, 1001 being seized in the above-described premises, having first made her Last Will and Testament duly accepted for probate in the Office of the Register of Wills to File No. 21-01-648. Letters Testamentary were issued thereon to Jay Willard Fought. The above-described premises were. not specifically devised. BOOK 682 FAGE 14 7,) ] C(T~iCy this to be recorded ! 1\ Cum berland County P A f::J~~r' ~ ii".;,',) Recorder of Deeds . rtment 01 Hous~a.nd Ulban Oevalo;;;:;;;nt 'Form US HUe. 1 Pane No. 1 ( ) 1. FHA Settlement Statement. U. $.Oe ( ) 2. FmHA 6. File Number 7. L08flNumber 8. Mortgage Insurance ( ~l~' Conv. Unins. Case Numbet' ( ) 4. VA 5. Cony. Ins. C. This form is fumlshed to gi....e you a statement 01 actual setI.\<<nent costs. Amounts paid 10 and by the settlement agent are shown. Items matlced "(p.o.c.)" WEIrs paid outside of the dos!" ; the are shown here for inlormational purposes and are not Included In the totals. o Name and Address of Borrower: CommonweAlth ot pennsylvania Cumberland County 1 Courthoulile Square Carlisle, Pennsylvania 17013 E. Name and Address 01 Seller: Zstate of Ruth 8. Fought '8y: Jay Willard ?ought, Executor c/o James o. Sogar. Esquire, 1 W.st Shiremanstowu, Pennsylvania 17011 TIN Main Street F. Name Address 01 Lender G. Propertylocalion Saish Road, Park place Road and Speedway Orive Monroe TownShip, Cumberland County H. Seller'S Settlement Agent: 'rey & Tiley uaw Office S South Hanover St. Carlisle, PA 17013 Settlement Date: November 9, 2001 Place of Settlement: 5 South H~over Street carlisle, PA 17013 TIN 25-1730538 J, SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION ~ 00 Gross Amount Due From Borrower 400 Gross Amount Due To Seller ..{J. '01 Contract sales price 32.1.,389.00 401 ContraCl Sales price 321,389.00 102 Personslpropefly 402 Personal property ~03 Sememenl charges from (Une 1400\ 3,169.25 40' 104 404 105 405 Adjustmttnts for ilems paid by seller In lJOvance: Adjustmtmls for items paicJ by seller in advance: 106 City/lawn taxes 11/9101 to 12131101 0.00 406 CltyJtown taxes 1119101 1012131/01 0.00 107 Countylaxes 407 Countylaxes i08 Assessments 406 Assenmen\s ~ 09 409 110 Schoof laxes 1119101 106130102- 0.00 410 School laxes ~~J9J01 106130J02 0.00 111 411 '12 412 . 20 Gross Amount Due From Borrower 324,558.25 420 Giross Amount Dueto SeUer 321,389.00 -------------- -------------- - ---- ------- ----- ------ :00 Amounts Paid By Or In Behalf Of Borrower 500 Reductlons In Amount Ou. To SeUer :01 Deposiloreamestmoney 501 E.xcess depo$i\ (see inS\NCtions} ::02 Principal arnountot new loan{s)u, 502 Settlement charges to seUer (line 1400) 0.00 203 Existingfooo(s) lal<ensubjeclto 503 ExisMgloa.n(s\ taken subieC\ to :04 504 Payolf of first mortgage loan 205 50S PayoU o( &econd mongao;e loan 206 506 :07 507 :08 508 :09 509 Adjustments for items upaid by seller Adjustments for items upaid by sa/lllr :10 City/towntax8S 1/1/01 to 11/9/01 510 City/lownlall.es.1I1101 101119101 ::11 Counlylaxes 511 Countylaxes ::2 Assessments 512 Assessments :13 513 :14 Schoollaxes 7/1/01 to 11/9/01 514 School tares 711/01 to ~~/9I01 215 515 2 ~ 6 51. 2,7 517 :18 51' :"9 51' :20 Total Paid By/For Borrower 0.00 520 Total Reductions to Amt Oue SeUer 0.00 -------------- ===-==-=======- ------ ------- ::'00 Cash At Settlement ~romITo Borrower: I 600 Cash At S.nlement To/From Seller: I :01 Gross amount due from borrower (line 120) 324,558.25 601 Gross amount loseflerfrom (line 420) 321,389.00 302 l.es.s amounts paid byllorborrower (trorn fine 220) (O.OOl 602 l-essreductions in amount due seUer(Iromfine520j: (O.OO} 303 Cash (X) From ( ) To Borrower 324,558.25 603 Cash ( ) From (X) To Seller 321,389.00 ------------- ------------- --- -- -- -- --- - -- to to to to Items fCequired By Lender To Be Paid In Advance: Interest From 9-Nov-Ol \0 HUO-l 700 Total SaleslBroker's Comm. baaed on price: Division of Commission (line 7DO) as felJews: 701 to 702 to 703 70A Commission paid at SettlamEl.nt 705 .00 .01 S02 .03 8Q4 805 80S S07 .0' SO, 810 '" 900 Items Payable In Connection With Loan: (Mortgage Ami: 0.00) loan Originatlan Fee Loan Discount .000 .000 AIlpraisalFee Credil F1eport Landet"'s tnspection Fee Mortgage Insurance Application Fee Assumption Fee Tax Service Coneract Flood Certifica~ion fee Dooument Preparation fee 901 902 Mortgage Insurance Premium tor 903 Hazard Insurance. Premium lor 804 90S 1000 Reserves Deposited With Lender: 1001 Hazafd insurance. 1002 Mortgage insurance 1003 City prOperty tSJtQS 1004 County property taxes 1005 Annual assessments 1008 1007Schoollaxes 1008 Aggregate Settlement 1100 Title Charges: 1101 Settlement or closing fee 1102 Abstract or title search 1103 Title examination 1104 Tille insurance binder 110~ Document preparation 1106 Notary tees 1107 Altotney's tees (includes above ilemsnumbers: 1108 TiTle insurance Adjustment (includes above items numbers: 1109 Lender's COllerage 1110 Owners Coverage 1111 Closing Service Letter 1112 1113 Overnight delivery fees 1200 Government Recording and Transfer Charge 1201 F1ecording lees' Deed $ 1202 City/county/stamps: Deed $ 1203 State tax/stamps: Deed $ 1204 Recording fees: Deed of 1205 1300 Additional Settlement Charges: L SETTLEMENT CHARGES 321,389.00 ~ % N/A 0.00 Total charges, % to % to Lines 801 through 8 0.00 \0 " \0 " \0 Ii 0.00000 perday", 1 months to years \0 years 10 Toal Raserv... Lines1001 thorugn 1008: mos. @ per month mos. 0 per month mas. @ $0.00 per month mos. @ per month mos. @ per monl'n mos. @ per month mos. @ $ 0 . 00 per month mos. @ per month to to to to to to to to Frey &; Tiley to 5 0 $ 321.3a9 Commonwealth Land Title Insurance Co. Endorsements: none Deed Pages: Q Mortgage: $ Mortgage: $ Mortgage: $ Agricultural Conservation Mtg pages.: F1eleases Easement 1301 Survey to 1302 PeST inspec[ion to 1303 ClJrrent Taxes due from BorrOwer/Seiler 1304 Appraisal !'ee to 1305 Noeification fees to 1306 1307 1400 Total Settlement Charges (enter on lines 103, Section J and 502, Section K) Cumberland County Cumberland County PaldFfom Borl'Owers FundS at Settlement 0.00 0.00 f.O.C. 0.00 1,9:38.75 N.A. 23.50 1,200.00 7.00 3,169.25 Page No. 2 Paid Ffom 700 Sellet's Fund. at 701 Settlement 702 703 704 70' .00 .01 S02 '03 8Q4 905 .OS .07 '0. .09 810 ." 900 901 902 903 904 905 1000 1001 1002 1003 1004 1005 1006 1007 100. 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1200 1201 1202 1203 1204 1205 1300 1301 1302 1303 1304 1305 1308 1307 0.00 1400 "'-,.-,.....,."':--"'..: -"'-::="''''.............. IHUo.., CERTIFICATION I direct and authorize Frey & Tiley to make distributions indicated for my account on the attached HUD-I Settlement Statement, approving the tax prorations indicated therein, and underst;:utd that prorations were based on figures for the preceding year. or estimates for the current year, and in the event of any change for the current year, all necessary adjustments must be made between Seller and Borrower direct; likewise any DEFICIT in delinquent taxes will be reimbursed to Frey & Tiley by Seller. I huve carefully reviewed the HUD-I Settlement Statement md to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my uccount or by me in this transaction. I further certify that I have received a copy of the HUD-I Settlement Statement Cumberland County To the best of my knowledge, the HUD-l Settlement Statement which 1 have prepared i true and accurate account of the funds which were received and have been or will be disbursed by the undersigned as part of the settlement of this transaction. November 9, 2001 Date Frey & Tiley, Settlement A en WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar fonn. Penalties upon conviction can include fine and imprisonment. For derails see: Title 18 U.S. Code Section IDOl and Section 1010. INFORMATION REPORTING ON REAL ESTATE TRANSACTIONS THIS HUD SElTLH1ENT STATEMENT CONTAINS IMPORTANT TAX INFORMATION (BOXES E. G. H.l, M AND LINE..wI) AND IS BEING RJRNISHEDTO THE INTERNAL REVE~UE SERVICE. tF YOU ARE REQUIRED TO FILE A. RETURN, A NEGLIGENCE PENALTY OR OTHER SANCTION WILL BE IMPOSED ON YOU IF THIS ITE:\1 IS REQUIRED TO BE REPORTED AND THE INTERNAL REVENUE SERVICE DETERMINES THAT IT HAS NOT BEEN REPORTED. FREY & TILEY PRIVACY POLICY As attorneys, we have a duty of confidentiality to our clients. As a part of representing our clients in a real estate transaction, we collect information concerning the Buy~rs and S~llers. This infommtlon can include names, addresses, telephone numbers, social security numbers, account balances and account numbers with financial institutions, credit reports, appraisals, contracts, and details concerning the real estate transaction and financing for the transaction. Some or all of this information may be nonpublic personal information. We also obtain information from public records. We restrict access to nonpublic personal information to those employees who need the information to provide necessary services in connection with the transaction. We also share this inforrnalion to the exrent necessary to complete the transaction with others involved in the transaction. These persons may include lenders, real estate agents, and inspectors. We may also share this information with gO'lemment agencies as required by \<1,w. We do not share this information with marketers or persons not connected with the transaction. TAX PRO. RATION ADDENDUM Dale of pr~Aatlon: Borrower Seller November 9,2001 SCHOOL REAL ESTATE TAX 'rom July 1. 2001 to June 30, 2002 School Real Estate Tax' Face School Real Estate Tax- flerDay Owes: $0.00 $0.00000 P.D.C. ASSESSMENT: PareeINo.: COUNTY & MUNICIPAL TAX from January 1. 2001 to December 31, :2001 Co. & Munic. Real Estate Tax- Face Ce. e. Munlc. Real Estate Tax- Per Day Ow,": P.O.C. See Settlement Sheet Lines 106&406,110&410, ,'0 &. 5'0, 2.'4 e. 514, and 130310r Results ott/'llS Addendum. Schoollaxes P.D,C. or charged to Seiler: QV'," Scl1oo~ lalleS P.Q.C. or ctlarged \0 Borrower Co. & Munic. P.D.C. or charged to Seller: Co. & Munic. P_D.C. or charged to Borrower REV-1503 EX +(1-97) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE B STOCKS & BONDS ESTATE OF FILE NUMBER Ruth B. Fou~ht ITEM NUMBER 1 SSfl 178-16-5484 06/16/2001 All property jointly-owned with right of survivorship must be disclosed on Schedule F. DESCRIPTION AgChoice Farm Credit - 212 Shares of Stock, date of death value per share $5.00, plus $1.08 Earn. Res. Stock Div., as per attached letter 2 Agway Inc. - Membership Common Stock, Certificate No. A-176404, 1 share, date of death value per share $25.00 3 Agway Inc. - Certificate No. FM-3098, Min 9% Mbr Mny Mkt due 10/08 4 Agway Inc. - Certificate No. NL-437, Min 7.50% Gen Mny Mkt due 10/07 5 Cumberland Valley Cooperative Association - Common stock, 2 shares; Preferred Stock, 244 shares; date of death value per share $10.00 6 Genex Cooperative, Inc. - (formerly Atlantic Breeders Cooperative) Account No. 00924991, date of death value $280.46, as per attached letter UNIT VALUE TOTAL (Also enter on line 2, Recapitulation) (If more space is needed. insert additional sheets of the same size) CopyrIght (e) 1996 form software only CPSystems.lne. I 21-01-0648 VALUE AT DATE OF DEATH 1,061. 08 25.00 100.00 1,000.00 2,460.00 280.46 4,926.54 Form REV-1503 EX (Rev. 1-97) 6 Ag Choice Farm Credit ~~~ Your first choice for finonciol services. ~@ January 7, 2002 James D. Bogar Attorney At Law One West Main St. Shiremanstown, PA 17011 RE: Ruth B. Fought Estate Dear Mr. Bogar: You recently requested a confirmation of the existence of any stock that Ruth B. Fought owned. I am enclosing a stock assignment form. The amount of the stock and the year it was purchased is listed on this form. This form will need to be signed and returned to us before we can retire the stock and disburse funds. Also there is S 1.014.31 in allocated surplus and S 179.10 in non-qualified allocated surplus. A request to retire these funds has been sent to our Board of Directors to review at the January Board Meeting. This request must be approved by the Board before funds can be disbursed. If you have any further questions, please contact our office. Sincerelv, dl, Y\L-l0-- 'Ac.1\., ,,- Linda Hann Loan Assistant Cumberland Valley Office 109 Farm Credit Drive. Chambersburg. PA 17201-7337. (717) 263-3315 . FAX (717) 263-1568 .. www.agchoice.com . AgChoice Farm Credit, ACA Member Equity Conversions, Transfers and Retirements Subject to the Farm Credit Act of 1971, as amended, and the Bylaws of this Association. I/We hereby request AgChoice Farm Credit, ACA to: 0 Convert 0 Transfer [] Retire # Shares Year $ Amount # Shares Year $ Amount Shares A Preferred: 25 1997 $125.00 Shares A Preferred: 2 1996 $10.00 Shares C Stock: 41 1998 $205.00 Shares A Preferred: 2 1998 $10.00 Shares C Stock: 74 1999 $370.00 Shares A Preferred: 1 1999 $5.00 Shares C Stock: 65 2001 $325.00 Shares A Preferred: 2 2000 $10.00 Allocated Surplus: Earn. Res. Stock Div. $1.08 TOTAL $1,061.08 Apply proceeds to: (check where applicable) o Outstanding Indebtedness, including interest and otner charges; o Purchase Class A Stock Preferred o Purchase Gass C Stock o Purchase Class C Participation Certificates [] Pay in cash Transfer From: Enter Member Name and Number Transfer To: Enter Member Name and Number The Estate of Ruth B. Fought Pay to: WITNESS: (For Each Member Signature) Ruth B. Fought J. Willard Fought, Attorney-in-Fact Member Signature Member Signature FOR ASSOCIATION USE ONLY A.pproved by: Date: Reason For Selling: Date: Reported to Board Check Number: Date Check Issued: A-126 (1/1/99) . (AG~AY) @ AGWAY INC., SECURITIES DEPT., PO BOX 4761, SYRACUSE, NY 13221-4761 August 20, 2001 James D Bogar Attorney At Law One West Main St Shiremanstown PA 17011 Re: Estate of Ruth B Fought Dear Mr. Bogar: This is in response to your letter of July 6, 2001, in which you request the date of death value on securities outstanding asfollows: nlo Ruth B Fou!!ht - SS# 166-54-5454 SECURiTY TYPE Membership Common Stock Min 9% Mbr Mny Mkt due 10/08 Min 7.50% GenMnyMktduel0/07 CERTIFICATE # A-176404 (1 sh/$25 par) FM-3098 NL-437 $ VALUE $ 25.00 $ 100.00 $1,000.00 Please be advised the value of Agway securities remains at the par and/or face value and does notfluctuate as those securities traded on the public exchanges. In view of this, on June 16, 2001, the value was as stated above. There is a limitation on the ownership of common stock. Only those persons actively engaged infarming, deriving taxable incomefrom afarm, and users of Agway commodities, are eligible for membership. The ownership of member securities is limited to those persons owning a share of common stock. To transfer certificates A-176404 and FM-3098 we will require: 1) The original certificates signed on the reverse side by the Executor with the signature witnessed by an Agway employee or guaranteed by the bank. 2) Certified copy of Appointmentfor the Estate of Ruth B Fought dated within six months of presentation. James D Bogar -2- August 20, 2001 3) Enclosed W-9 Form completed and signed by tile transferee certifying Ilis/ller Social Security Number 4) A statementfrom tile local Agway certifying tllat tile transferee is eligible for membersllip, including tile name of tile Agway Unit tllat will be patronized. Certificate NL-437 can be transferred to anyone. If you Ilave any questions, please call me at 315-449-7479. Sincerely, 6aLtccu~~~~ Barbara Jollnso: t Cumberland Valley Cooperative Association ~ 908 MT. ROCK ROAD POST OFFICE BOX 350 July 10, 2001 James D. Bogar Attorney at Law I W. Main Street Shiremanstown, PA 17011 RE: Ruth B. Fought Estate Dear Mr. Bogar: SHIPPENSBURG, PENNSYLVANIA 17257 TELEPHONE: 717 532-2197 FAX: 717 532-4353 Thank you for the letter concerning Ruth Fought's shares of stock with the Cooperative At the time of her death she had two (2) shares of Common Stock - Certificate number 3720 dated 1972 and Certificate number 5704 dated 1989 Mrs. Fought also had two hundred forty four (244) shares of Preferred Stock on three separate certificates They were on Certificate number 8881 dated 1975 for one (I) share, Certificate number 13186 dated 1978 for twenty one (21) shares, and Certificate number 13367 dated 1989 for two hundred twenty two (222) shares Ail shares of stock are worth $10.00 each, and that value per share never changes. Total number of shares that were owned by Mrs F ought are 246 shares that value $2,460.00 You may want to advise Mr. Jay Fought to cash these shares in now in settlement of the estate. If they are transferred to him or somebody else, they cannot be cashed in until settlement of their estate. If the decision is made to cash them in, we need each share signed and witnessed on the back by the executor of the estate and a death certificate mailed to us Please call if you have any additional questions Sincerely, d.--/2!O~ Tena R Jones C V. Cooperative Genex Cooperative, Inc. A su/lSidjary of Coopemtive Resources International November 28,2001 James D. Bogar, Attorney at Law One West Main Street Shiremanstown, PA 17011 Dear Mr. Bogar: Attached is a summary of the Genex patronage equity owned by Ruth B. Fought. Note that Ms. Fought owned one $5.00 share of stock. A better description would be a membership certificate. The value of the stock does not change, as it cannot be traded. In addition to the stock, she also owned patronage equity dividends of $275.46, bringing the total value of her account to $280.46. The account is titled in her name, Ruth B. Fought. Enclosed is an application to redeem the account. Sincerely, ~~ David E. Mellinger Regional Controller PO Box 5518, Ithaca, NY 14852-5518 · Phone: 607 272-2011 · FAX 607272-3928 · Website: www.crinet.com I REV-1508 EX +(1-97) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATE OF FILE NUMBER Ruth B. FouRht SS# 178-16-5484 06/16/2001 21-01-0648 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with the right of survivorship must be disclosed on Schedule F. ITEM NUMBER 1 AgChoice Farm Credit DESCRIPTION Retirement of qualified allocated surplus VALUE AT DATE OF DEATH 179.87 2 HealthSouth - Refund 29.62 3 Old Guard Mutual Insurance - Conversion Litigation Payment 52.13 4 PNC Bank, N.A. - Checking Account No. 5070079159, date of death balance $270.81, accrued interest $0.11 270.92 5 1986 Buick Century - VIN lG4AH19R7GT455517, as per attached appraisal 350.00 6 Contents of home and personal property 750.00 TOTAL (Also enter on line 5, Recapitulation) $ 1,632.54 (If more space is needed, insert additional sheets of the same size) Copyright (e) 1996 form software only CPSystems.lne. Form REV-1508 EX (Rev. 1-97) I JUL-31-2001 08:45 PNCBRNK CIF DEPRRTMENT 412 705 0057 P.01/01 0. PNCBAN< Decedent Reporting Firstside Center P7-Pf'SC-4-F 500 First Avenue Pittsburgh, PA 15219-3128 /SCP July 30, 2001 James D. Bogar One West Main Street Shiremanstown, PA 17011 RE: Estate of Ruth B. Fought, Deceased SSN: 178-16-584 DOD: 8/16/2001 Dear Mr. Bogar: Please find the date of death balances you have requested listed below. CHECKING ACCOUNT #5070079159 Established 08/07/1993 RUTH FOUGHT DOD Balance: $270.81 + $0.11 accrued interest Our office only provides date of death balances for IRA's, CD's, Checking and Savinas accounts. We do ~ Flnanc1al Transactions or Statement Orders. For Further Information please ealll-800-4-BANKER or your local PNC Branch and ask to speak with a Financial Services Representative. Sincerely, ~~ Rachelle Sciullo 1-800-762-1775 A member of The PNC Financial Services Group One PNC Plaza 249 Fifth Avenue f>ittsburgh Ptnn::iylvania 15222 2707 TOTRL P.01 PENNICK AUTOMOTIVE SALES & SERVICE ,k,...,.. ~..~ 211 CAMPGROUND ROAD' DILLSBURG, PA 17019' (717) 432-3631 Juk( GC~\ , \!e"'\~LL ~\~t \<\8\0 ~\ek.. C€'^~ \ht.) -.fc \ bL\I\\-~ \ q Q (614S~~n "e~'\"'t"e..'::. 2..s 'ky\, o...e:.\WL, Ao~~c..."$-""'~VYl\E:.~1 fb-..:JL.-..s.<\ee......"i p",....,e.- \o(n.\p,.s. I Avr C:=-<.~ i.~e,^'''''i C ~...W-~ICo.':.~:) I ~ ~(O 0-'e~wc~\L,...~), ~11V~ ('C:>"'-~\ {~~'""".-\'-,~ 'Ii \~ 6\€'eV'\'^1 ...,k\ I lV>c.u=\ (,.>,,,,-&'...0.5. ..s(\~r ~><..\-erlcv- ..,(~"'- ~..,...~y llA~(o"- $e."'(C~ lXM~lb",: k~.\.. ~, 6\k &.IM.~ I \€~~ r...,c..v-.\-er G.V\.6. ~eDr f~~ '\ N\A, \c... \ \~ &..w.~ I ~v..~ Q<..O-.-kr ruS\ (f~~~ ~o.o.~ ""''''- l t<2&-v <k=u- r-~ c....\~ &..tM.."'~~ I PQ.\,"- ~ &.:k~ / ~~ 4,r<Z.S, llll'o.\.eS ~~~ e\A.~ o.,,-~ eiC~c(.-6\- ,->o,...k ~.r- t'-,~c:\.":,,, l'",,-,*" 9D3\7'-\G- -,::.",~\'^L ~~l'> ~kl I C'-'v-r.e"'~ I).{l\c..~ 8t,8b~ c.,r-""~"l~ i'e.~..\ '\JCe. \~ ~t3co~ ~Q..~,--c~ ~.r \e~lr~ (\'Q_uk~ '<.c.b\ 4l- \jC(\t..'e... \:'::l 2:/SD.tv ~}e)i REV-1S11 EX + (1-97} COMMONWEALTH OF PENNSYLVANIA INHERITANCETAA RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF Ruth B. Fouf\ht SS{I 178-16-5484 06/16/2001 FILE NUMBER 21-01-0648 Debts 01 decedent must be reported on Schedule I. ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: 1 Myers Funeral Home - Funeral bill 8,463.00 B. ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions Name of Personal Representative(s) Social Security Number(s) I EIN Number of Personal Representati\le(s) Street Address City State Zip - Year(s) Commission Paid: 2. Attorney's Fees James D. Bogar Esquire 10,850.00 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 Register of Wills 401.00 5. Accountant's Fees 6. Tax Return Preparer's Fees 7. Other Administrative Costs 1 Recorder of Deeds - Fee to record Deed 37.50 2 Register of Wills - Short certificate 3.00 3 RESERVES: Costs to conclude administration of Estate including 850.00 filing fee for PA Inheritance Tax Return, Inventory and First & Final Account; preparation of Pers anal and Fiduciary Income Tax Returns and payment of potential tax due 4 U.S. Postal Service - Registered mailing fee 24.39 5 UPS - Courier fee 12.40 TOTAL (Also enter on line 9, Recapitulation) $ 20,641. 29 (It more space is needed, insert additional sheets ot the same size) Copyright (c) 1996 form software only CPSystems, Inc. I Form REV...1511 EX (Rev. 1-91) COMMONWEALTH OF PENNSYLVANIA lNHER1TANCET/4X RETURN RESIDENT DECEDENT EST"'TE OF Ruth B. Fought AEV.1512 EX +(1-97) SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES, AND LIENS FILE NUMBER 21-01-0648 SSIt 178-16-5484 06/16/2001 Include unreimbursed medical expenses. ITEM NUMBER 1 DESCRIPTION AgChoice Farm Credit - Loan No. 026 041 016006 27 originated August 9, 1999; balance due as of date of death $9,993.37 "'MOUNT 9,993.37 2 AgChoice Farm Credit - Loan No. 026 041 016006 29 originated March 15, 2001; balance due as of date of death $17,664.80 17,664.80 3 AgChoice Farm Credit - Loan No. 026 041 016006 30 originated May 29, 2001; balance due as of date of death $17,400.00 17,400.00 4 East Pennsboro Ambulance Service - Services rendered 120.00 5 General Pub Utilities Corp Electric bill 595.00 6 Greenawalt & Company, P.C. development rights Consultation regarding sale of 50.00 7 Old Guard Mutual Insurance - Annual premium for Farmowners Polic) 1,050.00 8 Peck's Septic System - Services rendered 100.00 9 Shillito Oil - Final bill 493.00 10 Verlzon - Telephone bill 80.00 TOTAL (Also enter on line 10, Recapitulation) $ 47,546.17 (If more space is needed, insert additional sheets of the same size) Copyright (el 1996 form software only CPSystems, Inc. Form REV-1512 EX (Rev. 1 -97) I 6 AgChoice Farm Credit 'G~~ Your first choice tor financial services. ~@ July 13, 2001 Attorney James D. Bogar One West Main Street Shiremanstown, P A 170 II RE: Ruth B. Fought Dear Mr. Bogar: Following is the information you requested regarding the loans of Ruth B. Fought: Loan Number Date Originated Estimated Balance Due # 026 041 01600627 # 026 04101600629 # 026041 01600630 August 9,1999 March 15, 2001 May 29, 2001 $ 9993.37 $17,664.80 $17,400.00 Copies of the original notes are attached. If you have any further questions, please call. Sincerely, , ~, "'J.G-.. Uu, r,- 1 "- Linda Hann Loan Assistant t:11c1 Cumberland Valley Office 109 Farm Credit Drive. Chambersburg, PA 17201-7337. (717) 263-3315. FAX (717) 263-1568 . . www.agchoice.com . REVOLVING VARIABLE RATE NOTE Date of Note: Auqust Uy, 1999 Loan Number: 026 041 016006-27 Place Executed: Chambersburq. Pennsylvania AgChoice Farm Credit, ACA Amount: $ 10,000.00 NUMBER TYPE REPAYMENT SCHEDULE AMOUNT DESCRIPTION OF DUE DATE 23 Interest Only .. instal Lment(s) of $ ACCRUED INTEREST due Monthly beginning 09/20/1999 .. installment(s) of $ due .. installment(s) of $ due .. installment(s) of $ due A final installment of the unpaid principal balance of the indebtedness and aLL accrued interest is due Auqust 20. 2001. All installments are successive unless otherwise noted and are payable on the same day of the month as the initial instaLlment. **Fixed Principal (Springfield) means the installment ~mount amortizes principal only and interest is to be added. Principal Only means the installment amount amortizes principal only and interest installments are separate. Interest Only means the installment amount includes accrued interest only and principal installments are separate. FOR VALUE RECEIVED, THE UNDERSIGNED (WHETHER ONE OR MORE) PROMISE(S) TO PAY, IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA, IN ACCORDANCE YITH THE REPAYMENT SCHEDUlE(S) ABOVE STATED, TO THE ORDER OF AqChoice Farm Credit. ACA ,its successors and/or assigns (hereinafter called Association), at its office in ChambersburQ. PA , the principal sum of Ten Thousand and no/100 ($10.000.00) Dollars, or so much thereof as may be advanced or readvanced from time to time, with interest on the initial advance from the date thereof to accrue at the rate of 6.500 percent (the "Margin pointsll) above the three month London Interbank Offered Rate (lISOR), as published in The Yall Street Journal (hereinafter called the "Indexll) on the first business day prior to the initial advance or any subsequent advance hereunder. For each subsequent advance hereunder, interest on each such subsequent advance from the date thereof to accrue at a rate calculated by adding the Margin Points to the Index as utilized on the next preceding Change Date, as defined herein. In the event a subsequent advance is made before the first Change Date has occurred, interest to accrue at the rate applicable to the initial advance, as determined above. The interest rate may be increased or decreased on the first day of September. 1999, and on the first day of each month thereafter, and upon such increase or decrease the unpaid principal balance due hereunder shall bear such rate of interest from the date of change. Each such date of increase or decrease is called a "Change Date." If the Index should no longer be so published, Association, in the exercise of reasonable judgment, shall substitute another means of determining an annual rate of interest which shall thereafter be the Index as that term is used herein. Association will give Unders~gned notice of such substitution. ,,' Before each Change Date, Association will calculate the new interest rate by adding the Margin Points to the Index as published for the 15th day of the next preceding month or if said 15th day is a Saturday, Sunday or Legal holiday, for the next preceding business day before said 15th day. This will be rounded to the nearest one-eighth (1/8) of one percentage point (0.125). This rounded amount will be the interest rate until the next Change Date. The Association agrees, time to time during the Undersigned may from time on the terms period from the to time borrow, and subject to the conditions set forth date hereof to and including AUQust 20. repay, and reborrow under this note. herein, to make advances to the Undersigned from 2001. ~ithin the limits of the loan amount, the Each advance shall be made upon a verbal, written, or telecopied request from the Undersigned to the Association not later than 4:30 P.M. on the day on which the advance is to be made. Such request shall specify the date of the requested advance and the amount thereof. Upon fulfillment of the applicable conditions for making an advance, the Association shall disburse the amount of the requested advance by crediting the same to the account of the Undersigned in such manner as the Association and the Undersigned may from time to time agree. The Association may rely on any verbal request for an advance as fully as if such request were in writing. The Undersigned and every endorser, guarantor, 8ssumer, and surety of this note hereby expressly waive presentment, demand, protest and notice of dishonor, and consent to all renewals, indulgences, extensions, and releases of personal liability and of security permitted by the owner or holder hereof. Terms and conditions of the Association's commitment letter and/or a loan agreement dated Auqust 09. 1999 ,and of the application and/or loan action request taken in connection with this loan are incorporated herein; provided however in the event of any inconsistency, the terms of this note shall prevail. At the option of the Association, any default in the terms and conditions of this note or under any other written instrument given or executed to Association or executed by Undersigned to any other party and now owned or held by Association shall constitute a default in the terms and conditions of anyone or more or all such notes or other written instruments. Upon default, Association, at its option, may declare 'this and all other indebtedness owed to be immediately due and payable and the unpaid principal balance shall thereafter bear interest at the rate(s) as provided in the note(s) in effect at the time of default and, if applicable, at the rate(s) as changed from time to time on succeeding Change Dates. The Association at its option may cease to make any further advances under this note, and Association may foreclose upon or sell any or all of the security for this note, in such order as it may prefer; and to apply the proceeds of such sale 'upon any indebtedness owed the Association in any order which it may desire. The Undersigned will pay immediately upon demand all advances for payment of taxes, liens, judgments, assessments, insurance ACAVLOC - COAL (12/98) , ,premium~, or other charges the property described in trustee's right, title and damages for loss or injury expense. on the property securing this loan incurred by Association in protecting and defending the title to the instrument securing this note, and in protecting any or all of the property and Association's or interest therein from loss or injury, and in fixing or cOllecting, or attempting to fix or collect, to the property, but Association shall be under no duty to take any such action or incur any such If Association employs an attorney to collect the debt evidenced by this note, or to enforce or protect any rights provided for herein, or suit is filed hereon, or proceedings are had in bankruptcy or any other court whatsoever, then in addition to any principal, interest or other charges as provided for herein, Association shaLL also recover aLL costs, expenses, and attorney fees reasonably incurred, including such fees and costs incurred on appeal. Such costs, expenses and attorney fees shall become part of the indebtedness evidenced hereby and shall be immediately payable on demand, and shall draw interest from the date incurred until paid at the rate provided herein, as permitted by law. If there is any error or omission in this note or in the instrument securing it, the Undersigned will promptly, upon request of Association, execute a new note and other written documents as deemed necessary by the Association to correct such error or omission and will promptly pay upon demand of Association all attorney's fees, costs and expenses incurred in connection therewith. If the Undersigned fails to pay, upon demand of Association, any sums due or incurred by Association for any of the purposes stated in this note, Association may advance the same, and alL amounts so advanced shall become and be a part of the principal due hereunder and shall immediately be due and payable by the Undersigned to Association. Amounts prepaid shall be applied first to any biLLed but unpaid interest. Unless otherwise required by law, additional amounts may be applied to accrued interest and/or such other amounts outstanding hereunder as Association in its sole discretion may determine. Prepayments applied to principal instaLlments shall be in inverse order of maturity. Undersigned agrees as a condition hereof to provide current financiaL statements, including a balance sheet and income statement in a form acceptable to Association as may be requested by Association while the indebtedness evidenced hereby or any other indebtedness from Undersigned to Association is outstanding. In the event the Undersigned fails to pay when due any installment or installments of principal and/or interest (or portions thereof) and if same remains unpaid by the end of twenty nine (29) calendar days after same is due, a late charge of Ten and no/100 percent (10.00%) of the overdue instalLment shall be paid by Undersigned to Association, not to exceed a maximum of $500.00. This note is the joint and several obligation of all persons executing it. Given under the hand and seal of the Undersigned. (L.S. ) ~ ~~ 8. -7\ ~~* (L.S. ) The within note is hereby endorsed by the payee named in the body of said note to the same extent as if the name of the payee ~ere hereinafter stated under the name of the foLlowing endorsee: PAY TO THE ORDER OF AGFIRST FARM CREDIT BANK, COLUMBIA, SOUTH CAROLINA ACAVlOC - COAL (12/98) F L<ED RATE NOTE Date of Note: March 15. 2001 Loan Number: 026 041 016006-29 PLace Executed: Chambersburg. Pennsylvania AgChoice Farm Credit, ACA Amount: $ 18.000.00 NUt1BER TYPE REPAYMENT SCHEDULE AMOUNT DESCRIPTION OF DUE DATE 67 Fixed Payment -- instaL lment(s) of $ 349.48 due MonthLy beginning 05/01/2001 -- instaL Lment(s) of $ due -- instaLlment(s) of $ due -- installment(s) of $ due A final installment of the unpaid principal balance of the indebtedness and all accrued interest is due December 01. 2006. ALL installments are successive unless otherwise noted and are payable on the same day of the month as the initial instaLlment. InstaLlment payments will be appLied to amounts due in such manner as Association may determine in its sole discretion, except as otherwise set forth herein. **Fixed Payment (Standard) means the installment amount amortizes means the installment amount amortizes principal only and interest amortizes principal only and interest installments are separate. interest only and principal installments are separate. both principal and 'interest. Fixed Principal (Springfield) is to be added. Principal Only means the installment amount Interest Only means the installment amount includes accrued fOR VALUE RECEIVED, THE UNDERSIGNED (WHETHER ONE OR MORE) PROMISE(S) TO PAY, IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA, IN ACCORDANCE WITH THE REPAYMENT SCHEDULE(S) ABOVE STATED, TO THE ORDER OF AqChoice Farm Credit. ACA ,its successors and/or assigns (hereinafter called Association), at its office in Chambersburq. PA , the principal sum of Eiqhteen Thousand and no/100 ($18.000.00) Dollars, with interest until paid at the rate of 10.000 per centum per annum (designated herein as the loan r"te). U~dersigned agrees as a condition hereof to provide current financial statements, including a balance sheet and income statement i~ a form acceptable to Association as may be requested by Association while the indebtedness evidenced hereby or any other indebtedness from Undersigned to Association is outstanding. The Undersigned may at any time make advance payments on principal in any amount, without penalty, provided all accrued interest and all ather expenses or charges due hereunder have been paid current. Such payments shalt operate to discharge the loan at an earlier date and shall not, except by written agreement, operate to r0duce the amount of unpaid installments. ,~e Undersigned and ~rotest and notice s~curity. every endorser, guarantor, assumer, and surety of this note hereby expressly waive presentment, demand, of dishonor, and consent to all renewals, indulgences, extensions, and releases of personal liability and of :crms and conditions of Association's commitment letter and/or a loan agreement dated March 15. 2001 and of the application and/or loan action request taken in connection with this loan are incorporated herein; provided however in the event of any j~consistency, the terms of this note shatl prevail. At the option of Association, any default in the terms and conditions of t~ls note or under any other written instrument given or executed by Undersigned to any other party and now owned, held or 32rviced by Association shall constitute a default in the terms and conditions of anyone or more or all such notes or other ,ritten instruments. Upon defauLt, Association, at its option, may declare this and all other indebtedness owed to be immediately due and payable and the unpaid principaL balance shall thereafter bear interest at the rate(s) as provided in the note(s) in effect at the time of default and, if applicable, at the rate(s) as changed from time to time on succeeding Change Jutes. Association at its option may cease to make any further advances under this note, and Association may foreclose upon or sell any or all of the security for this note, in such order as it may prefer; and to apply the proceeds of such sale upon any ~ndebtedness in any order which it may desire. T~e Undersigned witl pay immediately upon demand all advances for payment of taxes, liens, judgments, assessments, insurance C)1"t:,miums, or other charges on the property securing this loan incurred by Association in protecting and defending the title to ~~e property described in the instrument securing this note, and in protecting any or all of the property and Association1s or :rustee1s right, title and interest therein from loss or injury, and in fixing or collecting, or attempting to fix or collect, c2mages for lass or injury to the property, but Association shalt be under no duty to take any such action or incur any such f-:;,pense. If Association employs an attorney to coltect the debt evidenced by this note, or to enforce or protect any rights provided for flerein, or suit is filed hereon, or (Jl'oceedings are had in bankruptcy or any ot~ei'" court wh<;tsocver, thzn in addition to any 0:'incipal, interest or other charges as provided for herein, Association shall also recover all costs, expenses, and attorney (~es reasonably incurred, including such fees and costs incurred on appeal. Such costs, expenses and attorney fees shall become ,~3~t of the indebtedness evidenced hereby and shall be immediately pay~ble on demand, and shall draw interest from the date incurred until paid at the rate provided herein, as permitted by law. there is any error or omission in this note or in the instrument securing it, the Undersigned will promptly, upon requ~st.of A~sociation, execute a new note and other written documents as deemed necessary by Association to correct such error or ommlSS10n -,,"'d \~ilL promptly pay upon demand of Association all attorney's fees, costs and expenses incurred in connection therewith. If ^,~,\r IX - COAL (06/00) the Undersigned fails to pay. upon demand of Association, any sums due or incurred by Association for any of the purposes stated in this note, Association may advance the same, and all amounts so advanced shall become and be a part of the principal due hereunder and shall inmediately be due and payable by the Undersigned to Association. In the event tolereof) and no/100 percent the Undersigned faits to pay when due any installment or installments of principal and/or interest (or if same remains unpaid by the end of twenty nine (29) calendar days after same is due, a late charge of (10.00%) of the overdue installment shall be paid by Undersigned, not to exceed a maximum of$SOO.OO. portions Ten and Thi5 note is the joint and several obligation of all persons executing it. Given under the hand and seal of the Undersigned as at the date flf5t above written. (L.S.) ~/';)u \) ,C _',,-1 . r_", cv- 0 ~ ,..,,-,<,v. Ruth B Fought ~ (L.S. ) The within note is hereby endorsed by the payee named in the body of said note to the same extent as if the name of the payee were hereinafter stated under the name of the following endorsee: PAY TO THE ORDER OF AGFIRST FARM CREDIT BANK, COLUMBIA, SOUTH CAROLINA ACAFIX - COAL (06/00) Nr .~EVO~VI~G VARIABLE RATE NOTE coan Number: 026 041 016006-30 Date of Note: Mav 29. 2001 Place Executed: ChamO IrQ. Pennsvl van; a AgChoice farm Credit, ACA Amount: $ 17,400.00 NUMBER TYPE REPAYMENT SCHEDULE AMOUNT DESCRIPTION OF DUE DATE Fixed Principal ** installment(s) of $ 17,400.00 due 02/01/2002 ** installment(s) of $ due *'" instal Lment(s) of $ due ** installment,s) of $ due And .a final installment o~ the unpaid prin:ipaL balance of the indebtedness and all accrued interest is due FebruarY 01. 2002 All lnstallments are succeSSlve unless otherWlse noted and are payable on the same day of the month as the initial instaLlment Instal~ment payments wi~l be applied to amounts due in such manner as Association may determine in its sole discretion, excep~ as otherWlse set forth hereln. *'" Fixed Payment means the installment amount is a level amount. Fixed Principal means the installment amount amortizes principal only and interest is to be added. Principal Only means the instaLlment amount amortizes principaL only and interest installments are separate. Interest Only means the installment amount includes accrued interest only and principal installments are separate. FOR VALUE RECEIVED, THE UNDERSIGNED (WHETHER ONE OR MORE) PROMISEeS) TO PAY, IN ACCORDANCE WITH THE REPAYMENT SCHEDULE(S) ABOVE STATED, TO THE ORDER OF AqChoice Farm Credit. ACA , its succeSsors and/or assigns (hereinafter catted Association), at its office in ChambersbutQ. PA, the principaL sum of Seventeen Thousand Four Hundred and no/100 ($17.400.00) Dollars, in lawful money of the United States of America, or so much thereof as may be advanced from time to time, with interest on the initial advance from the date thereof to accrue at the rate of 2.:.QQQ percent (the IIMargin Points") above the three month London Interbank offered Rate (LIBOR), as published in The Wall Street Journal (hereafter called the IlIndexll) on the first business day prior to the initial advance or any subsequent advance hereunder. For each subsequent advance hereunder, interest on each such subsequent advance from the date thereof to accrue at a rate calculated by adding the Margin Points to the Index as utilized on the next precedlng Change Oate, as defined herein. In the event a subsequent advance is made before the first Change Date has occurred, interest to accrue at the rate applicable to the initial advance, as determined above. The interest rate may be increased or decreased on the first day of July. 2001, and on the first day of each month thereafter, and upon such increase or decrease the unpaid principal balance due hereunder shall bear such rate of interest from the date of change. Each such date of increase or decrease is called a "Change Date.1I If the Index should no longer be so published, Association, in the exercise of reasonable judgment, shall substitute another means of determining an annual rate of interest ~h,ch shall thereafter be the lndex as that term is used herein. Association witt give Undersigned notice of such substitution. Before each Change Date, Association will calculate the new interest rate by adding the Margin Points to the lndex as published for the 15th day of the next preceding month or if said 15th day is a Saturday, Sunday or Legal holiday, for the next preceding business day before said 15th day. This will be rounded to the nearest one-eighth (1/8) of one percentage point (0.125). This rounded amount ~ill be the interest rate until the next Change Date. The Association agrees, on the terms and subject to the conditions set forth herein, to maKe advances to the Undersigned from time to time during the period from the date hereof to and including January 01. 2002. Each advance shall be made upon a verbal, written, or telecopied request from the Undersigned to the Association not later than 4:30 P.M. on the day on which the advance is to be made. Such request shall specify the date of the requested advance and the amount thereof. Upon fulfillment of the appl\cable conditions for making an advance, the Association shall disburse the amount of the requested advance by crediting the same to the account of the Undersigned in such manner as the Association and the Undersigned may from time to time agree. The Association may rely on any verbal request for an advance as fully as if such request were in writing. The Undersigned and every endorser, guarantor, assumer, and surety of this note hereby expressty waive presentment, demand, protest and notice of dishonor, and consent to all renewals, indulgences, extensions, and releases of personal liability and of security. Terms and conditions of the Association1s commitment letter and/or a loan agreement dated Mav 29. 2001 , and of the application and/or loan action request taken in connection with this loan are incorporated hereinj provided however in the event of any inconsistency, the terms of this note shall prevail. At the option of the Association, any default in the terms and conditions of this note or under any other written instrument given or executed by Undersigned to any other party and now owned, held or serviced by Association shall constitute a default in the terms and conditions of anyone or more or all such notes or other written instruments. Upon default, Association, at its option, may dectare this and all other indebtedness owed to be immediately due and payable and the unpaid principal balance shall thereafter bear interest at the rate(s) as provided in the note(s) in effect at the time of default and, if applicable, at the rate(s) as changed from time to time on succeeding Change Dates. The Association at its option may cease to make any further advances under this note, and Association may foreclose upon or sell any or all of the security for this note, in such order as it may prefer; and to apply the proceeds of such sate upon any indebtedness in any order which it may desire. The Undersigned will pay immediately upon demand alL advances for payment of taxes, liens judgments, assessments, lnsurance premiums, or other charges on the property securing this loan incurred by Association in pr~tect;ng and defending t~e :itle to the property described in the instrument securing this note, and in protecting any or all of the propert~ and As~ocIatIonls or trusteels right, title and interest therein from loss or injury, and in fixing or collecting, or attemptl~g to f~x or collect, damages for loss or injury to the property, but Association shall be under no duty to take any such aetlon or Incur any such expense. If Association employs an attorney to collect the debt evidenced by this note, or to enforce or protect any r~ghts ~r~vide~ :or herein, or suit is filed hereon, or proceedings are had in bankruptcy or any other court whatsoever, then ln addTt10n t ny principal, interest or other charges as provided for herein, Association shall also recover all costs, expenses, and attorney fees reasonabty incurred, including such fees and costs incurred on appeal. Such costs, expenses and att~rney fees shatl become part of the indebtedness evidenced hereby and shall be immediately payable on demand, and shall draw 1nterest from the date ACAVCOM COAL (06/00) incurred until paid at the rate provided herein, as permitted by law. If there is any error or omission in this note or in the instrument securing it, the Undersigned will promptly, upon request of Association, execute a new note and other written documents as deemed necessary by the Association to correct such error or omission and will promptly pay upon demand of Association aLL attorney.s fees, costs and expenses incurred in connection therewith. If the Undersigned fails to pay, upon demand of Association, any sums due or incurred by Association for any of the purposes stated in this note, Association may advance the same, and all amounts so advanced shaLL become and be a part of the principal due hereunder and shall immediately be due and payable by the Undersigned. Amounts prepaid shall be appLied first to any biLled but unpaid interest. Unless otherwise required by law, additional amounts may be to accrued interest, outstanding principaL and/or such other amounts outstanding hereunder as Association in its sole discretion may determine. Prepayments applied to principal installments shall be in inverse order of maturity. Undersigned agrees as a condition hereof to provide current financial statements, including a balance sheet and income statement in a form acceptable to Association as may be requested by Association while the indebtedness evidenced hereby or any other indebtedness from Undersigned is outstanding. In the event the Undersigned fails to pay when due any installment or instaLlments of principaL and/or interest (or portions thereof) and if same remains unpaid by the end of twenty nine (29) calendar days after same is due, a late charge of Ten and no/100 percent (10.00%) of the overdue installment shall be paid by Undersigned, not to exceed a maximum of $500.00. AT THE OPTION OF ASSOCIATION, ANY DEFAULT UNDER THE TERMS AND CONDITIONS OF ANY OTHER WRITTEN INSTRUMENT EXECUTED BY UNDERSIGNED AND OWNED, HELD OR SERVICED BY AgChoice Farm Credit, ACA FOR ITSELF AND/OR AS AGENT/NOMINEE FOR ANY PARTY PURSUANT TO A MASTER AGREEMENT AMONG IT AND ITS WHOLLY-OWNED SUBSIDIARIES SHALL CONSTITUTE A DEFAULT UNDER THIS DOCUMENT. This note is the joint and several obligation of all persons executing it. Given under the hand and seal of the Undersigned. (L.S.) (L.S.) BY: / JayWil\a '[l (L. s.) The within note is hereby endorsed extent as if the name of the payee endorsee: PAY TO THE ORDER OF AGFIRST FARM CREDIT BANK, COLUMBIA, SOUTH CAROLINA by the payee named in the body of were hereinafter stated under the said name note to the same of the following ACAVCOM - COAL (06/00) REV-1513 EX +(9-00) COMMONWEALTH OF PENNSYLVANIA INHERITANCETI4X RETURN RESIDENT DECEDENT SCHEDULE J BENEFICIARIES ESTATE OF Ruth B. Fought SS!! 178-16-5484 06/16/2001 FILE NUMBER 21-01-0648 RELATIONSHIP TO DEC~DENT AMOUNT OR SHARE Do Not List Trustee(s) OF ESTATE NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY I. TAXABLE DISTRIBUTIONS [Include outright spousal distributions, and transfers under Sec. 9116{a)(1.2)j 1 J. Willard Fought Spouse Predeceased decedent, having died 01/21/1987 2 Jay Willard Fought 978 Park Place Mechanicsburg, PA 17055 Son Rest, residue and remainder of Estate ENTER DOLLAR AMTS. FOR DISTRIBUTIONS SHOWN ABOVE ON LN. 15 THRU 1a. AS APPROPRIATE, ON REV 1500 COVER SHEET II. NON- TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SEC. 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART 11- ENTER TOTAL NON- TAXABLE DISTRIBUTIONS ON LINE 13 OF REV 1500 COVER SHEET $ (If more space is needed, insert additional sheets of the same size) Copyright (c) 2000 form software only The Lackner Group, Inc. I 0.00 Form REV-1513 EX (Rev. 9-00) JEersl Mill erttb m~slerut~ttl OF RlITIl B. FOlJGfIT I, RlJlH B. FO\JGIlI, of Monroe Township, Cuni>er land County, Pemsy I vania, make, publish and declare this as and for my Last Will and Testament, hereby revoking all other Wills and Codicils heretofore made by lIE. FIRST, I direct the payment of all my just debts and the expenses of my last illness and funeral fran my estate. as soon after my death as conveniently may be done. SEc;ooo, I devise and bequeath all the rest, residue and remainder of my estate of ~tever nature and wherever situate J together with any insurance policies thereon, unto my husband, J. WIllARD FOUGHT, provided he survives lIE by sixty (60) days. 11IIRD, Should my husband, J. Willard Fought, predecease me or die on or before the sixty-first (6Ist) day following my death, I devise and bequeath all the rest. residue and remainder of my estate of whatever nature and wherever situate, together with any insurance policies thereon, unto my son, JAY WIllARD FOUGIT . FOUlIDl, Should my son, Jay Willard Fought, predecease me, I deVise and bequeath all the rest. residue and remainder of my estate of whatever nature and ~erever situate, together with any insurance IXJlicies thereon, unto my grand- daughter, ANGElA M. FO\JGIlI. i ]F:; FIFl1-l: In addition to all powers granted to them by law and by other provisions of this Will, I give the fiduciaries acting hereunder the following powers, applicable to all property, exercisable without court approval and effecti until actual distribution of all property, (A) To sell at public or private sale, or to lease, for any period of time, any real or personal property and to give options for sales, exchanges or M leases, for such prices and upon such tenns or conditions as are deemed proper. --.. ~ ~ (B) To partition, subdivide, or improve real estate and to enter into '" -........ agreerrents concerning the partition, subdivision, improvement, zoning or managernen of real estate and to impose or extinguish restrictions on real estate. (e) To COl1l'>:anise any claim or controversy and to abandon any property which is of little or no value. (D) To invest in all fotmS of property, including stocks, ccmron trust ftnds and tmrtgage investment funds. without restriction to invesbnents authorized for Permsylvania fiduciaries. as are deemed proper, without regard to any principle of diversification, risk or productivity. (E) To exercise any option, right or privilege granted in insurance policies or in other investIrents. (F) To exercise any election or privilege given by the Federal and other tax laws, including. but not necessarily being limited to, personal incorre.. gift and estate or inheritance tax laws. (G) To make distributions to my herein IIBII1ed beneficiaries in cash or in kind or partly in each. S1Xlli.: I direct that all inheritance. estate. transfer. succession and death taxes, of any kind matsoever, which may be payable by reason of my death, whether or rot >lith respect to property passing under this Will, shall be paid out of the principal of my residuary estate. Sr."VEN'IH: All interests heremder. whether principal or income. while un-I distributed and in the possession of the fiduciaries acting hereunder, even though vested or distributable, shall not be subject to attaclmalt. execution or sequestration for any debt, contract, obligation or liability of any beneficiary, and furthenrore, shall not be subject to pledge, assignrrent, conveyance or antici- pation. EIGHm, I nominate and appoint my husband, J. lillLARD FOUGHT, Executor of this, my Last Will and TestaIrent. In the event of the death, resignation or inability to serve for any reason whatsoever of the said J. Willard Fought, I nominate and appoint my son, JAY Wlll.ARD FOUGHT, Executor of this, my Las t Will and Testarrent. In the further event of the death. resignation or inability to serve for any reason ....matsoevet' of the said Jay Willard Fought, I nominate and appoint my granddaughter, ANGELA M. FOUGIIT, Executrix of this, my l2.st Will and Test8Il"erlt. I hereby relieve my Executor fran the necessity of posting security in connection with his duties as such in any jurisdiction in which he may be called upon to act insofar as I am able by law to do so. IN HIINESS mEREOF, I have herewto set my hand and seal to this, my Last Will and Testaonent, this J. I day of "'1 '^-v h. 1984. 11 ~th~ 'F~~L- ~~I (SEAL) -2- Signed. sealed. published and declared by the above !1BlJed Testatrix as and for her Last Will and Testament in our presence. 'Who, at her request. in her presence and in the presence of each other. have hereunto subscribed our names as attesting witnesses. Address 'y)/;i '~!T ,J (1,(jj!rzvP (('-rJ.!fN (J . /2; , I rV<4/()'~j< , Address -3- \. /6-o?~~ - 9 BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPT. Z80601 HARRISBURG, PA 171Z8-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX DATE ESTATE OF DATE OF DEATH FILE NUMBER 7 COUNTY ACN 09-10-2002 FOUGHT 06-16-2001 21 01-0648 CUMBERLAND 101 "(J,-: JAMES D BOGAR ESQ ONE W MAIN ST SHIREMANSTOWN PA 17nll :i .~ '..,', '* REY-1547 EX AFP 101-02) RUTH B Allount Rellitted ) CHANGED (1) (2) (3) (4) (5) (6) (7) 527.499.00 4.926.54 .00 .00 1.632.54 .00 .00 (8) MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 CUT ALONG THIS LINE .. RETAIN LOWER PORTION FOR YOUR RECORDS ~ REV=is'4j-EX-AFP-foY:02Y-NOYicE--OF-YNHEifiTANCE-TAX-A-PPRAisEifENT~--Ai.l-owANCE-OR----------------- DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF FOUGHT RUTH B FILE NO. 21 01-0648 ACN 101 DATE 09-10-2002 TAX RETURN WAS: [X) ACCEPTED AS FILED RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate [Schedule A) 2. Stocks and Bonds [Schedule B) 3. Closely Held Stock/Partnership Interest [Schedule C) 4. Mortgages/Notes Receivable [Schedule D) 5. Cash/Bank Deposits/Misc. Personal Property [Schedule E) 6. Jointly Owned Property [Schedule F) 7. Transfers [Schedule G) 8. Total Assets APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adll. Costs/Misc. Expenses [Schedule H) 10. Debts/Mortgage Liabilities/Liens [Schedule I) 11. Total Deductions 12. Net Value of Tax Return 13. Charitable/Governllental Bequests; Non-elected 9113 Trusts [Schedule J) 14. Net Value of Estate Subject to Tax 20,641.29 47.546.17 (11) (12) (13) (14) (9) (10) NOTE: To insure proper credit to your account, subllit the upper portion of this forll with your tax paYllent. 534,058.08 68.187 46 465,870.62 .00 465,870.62 NOTE: I~ an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will re~lect ~igures that include the total o~ ALL returns assessed to date. ASSESSMENT OF TAX: 15. Allount of Line 14 at Spousal rate 16. Allount of Line 14 taxable at Lineal/Class A rate 17. Allount of Line 14 at Sibling rate 18. Allount of Line 14 taxable at Collateral/Class B rate 19. Principal Tax Due TAX CREDITS: (15) .00 X 00 = .00 (16) 465,870.62 X 045 = 20,964.18 (17) .00 X 12 = .00 (18) .00 X 15 = .00 (19)= 20,964.18 ". l+J AMOUNT PAID DATE NUMBER INTEREST/PEN PAID [-) 03-15-2002 CDoo0957 .00 18,264.18 INTEREST IS CHARGED THROUGH 09-25-2002 TOTAL TAX CREDIT 18,264.18 AT THE RATES APPLICABLE AS OUTLINED ON THE BALANCE OF TAX DUE 2,700.00 REVERSE SIDE OF THIS FORM INTEREST AND PEN. 85.46 TOTAL DUE 2,785.46 . IF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. [ IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" [CR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 REV-1162 EX(11-96) RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT BOGAR JAMES D 1 W MAIN STREET SHIREMANSTOWN, PA 17011 -------- fold ESTATE INFORMATION: SSN: 178-16-5484 FILE NUMBER: 2101-0648 DECEDENT NAME: FOUGHT RUTH B DATE OF PAYMENT: 10/02/2002 POSTMARK DATE: 00/00/0000 COUNTY: CUMBERLAND DATE OF DEATH: 06/16/2001 NO. CD 001681 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 I $92.34 I I I I I I I I TOTAL AMOUNT PAID: $92.34 REMARKS: JAMES D BOGAR ESQUIRE CHECK# 2826 SEAL INITIALS: JA RECEIVED BY: REGISTER OF WILLS MARY C. LEWIS REGISTER OF WILLS COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG. PA 17128-0601 REV-1162 EX(11-96) RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT BOGAR JAMES D 1 W MAIN STREET SHIREMANSTOWN, PA 17011 -------- fold ESTATE INFORMATION: SSN: 178-16-5484 FILE NUMBER: 2101-0648 DECEDENT NAME: FOUGHT RUTH B DATE OF PAYMENT: 10/02/2002 POSTMARK DATE: 00/00/0000 COUNTY: CUMBERLAND DATE OF DEATH: 06/16/2001 NO. CD 001680 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 I $2,700.00 I I I I I I I I TOTAL AMOUNT PAID: REMARKS: JAMES D BOGAR ESQUIRE CHECK# 60-184-313 SEAL INITIALS: JA RECEIVED BY: REGISTER OF WILLS $2,700.00 MARY C. LEWIS REGISTER OF WILLS \, / ~-~y;; - 9 BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG, PA 17128-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE INHERITANCE TAX STATEMENT OF ACCOUNT * REY-1607 EX AFP 101-02) JAMES D BOGAR ESQ ONE W MAIN ST SHIREMANSTOWN PA 17011 DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN 10-15-2002 FOUGHT 06-16-2001 21 01-0648 CUMBERLAND 101 RUTH B Allount Rellitted MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 NOTE: To insure proper credit to your account, subllit the upper portion of this forll with your tax paYllent. CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~ REV =i6"ifj-Ex-AFi,--foY=o2Y------...--iNHERiYANcE--fA3f-sTATEMENf-'(fF-Accou'NT--...------------------ --- ESTATE OF FOUGHT RUTH B FILE NO.21 01-0648 ACN 101 DATE 10-15-2002 THIS STATEMENT IS PROVIDED TO ADVISE OF THE CURRENT STATUS OF THE STATED ACN IN THE NAMED ESTATE. SHOWN BELOW IS A SUMMARY OF THE PRINCIPAL TAX DUE, APPLICATION OF ALL PAYMENTS, THE CURRENT BALANCE, AND, IF APPLICABLE, A PROJECTED INTEREST FIGURE. DATE OF LAST ASSESSMENT OR RECORD ADJUSTMENT: 09-10-2002 PR I NC I PAL TAX DUE: ........................................................................................................................................................................................................................... 20,964.18 PAYMENTS (TAX CREDITS): PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (-) 03-15-2002 CDOO0957 .00 18,264.18 10-02-2002 CDOO1680 .00 2,700.00 10-02-2002 CDOO1681 88.56- 92.34 TOTAL TAX CREDIT 20,967.96 BALANCE OF TAX DUE 3.78CR INTEREST AND PEN. .00 IF PAID AFTER THIS DATE, SEE REVERSE TOTAL DUE 3.78CR iii SIDE FOR CALCULATION OF ADDITIONAL INTEREST. ( IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS. ) I b - ;'ly-'c2 - 9 ~ BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG, PA 17128-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE INHERITANCE TAX STATEMENT OF ACCOUNT *' REV-1U7 EX AFP (01-02) \ 1 " DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN 11-25-2002 FOUGHT 06-16-2001 21 01-0648 CUMBERLAND 101 RUTH B JAMES D BOGAR ESQ ONE W MAIN ST SHIREMANSTOWN PA 17011 Allount Rellitted MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 NOTE: To insure proper credit to your account, subllit the upper portion of this forll with your tax paYllent. CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~ REV =i6cfj-Eif-AFP-coY=02Y------...--iNHERiYANcE--TAif-sTAfEMENT-'[fF-AC-couiif--.-..------------------ --- ESTATE OF FOUGHT RUTH B FILE NO. 21 01-0648 ACN 101 DATE 11-25-2002 THIS STATEMENT IS PROVIDED TO ADVISE OF THE CURRENT STATUS OF THE STATED ACN IN THE NAMED ESTATE. SHOWN BELOW IS A SUMMARY OF THE PRINCIPAL TAX DUE, APPLICATION OF ALL PAYMENTS, THE CURRENT BALANCE, AND, IF APPLICABLE, A PROJECTED INTEREST FIGURE. DATE OF LAST ASSESSMENT OR RECORD ADJUSTMENT: 09-03-2002 P R I NC I PAL TAX DUE: .."".".."...........................""".."............................"""""".........................................................."""......................................................."........ 20,964.18 PAYMENTS (TAX CREDITS): PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (-) 03-15-2002 CDOO0957 .00 18,264.18 10-02-2002 CDOO1680 .00 2,700.00 10-02-2002 CDOO1681 88.56- 92.34 11-12-2002 REFUND .00 3.78- TOTAL TAX CREDIT 20,964.18 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 IF PAID AFTER THIS DATE, SEE REVERSE TOTAL DUE .00 iii SIDE FOR CALCULATION OF ADDITIONAL INTEREST. ( IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CRJ, YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS. J n / L/J 0" STATUS REPORT UNDER RULE 6.12 Name of Decedent: Ruth B. Fouqht June 16, 2001 Date of Death: Will No. 21-01-0648 Admin. No. Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes y No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No.1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes No X b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? Yes X No d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Cerk of the Orphans' Court and may be attached to this report. Da te: 12/18/2002 ~~~ . S' nature James D. Bogar, Esquire Name (Please, type or print) One West Maln St. Shiremanstown, PA 17011 Address (717) 737-8761 Te 1. No, Capacity: Personal Representative (MAH:rmf/AM3) x Counsel for personal representative