HomeMy WebLinkAbout01-0906
PETITION FOR PROBATE and GRANT OF LETTERS
Estate of' ri-Ilf<;'N~~ ;:J ~A/~~;GffT No. al- 01- oqOU
also known as To:
Register of Wills for the
1 Deceased. County of Cl/m'-;,rtei..A ~J} in the
Social Security No. /7'{ - IJS - -;..:2 y. 2 Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of ~ or older an the executC/2.s
in the last will of the above decedent, d~ed L
and codicil(s) dated . .
I/(~ . A
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decendent was domiciled at death in t.: "" ~ 1'2..'
hf ~ last family or principal residence at I
(list street, number and muncipality)
Decendent, then years of age, ied
at O./. L. 'r./ . \ l\ I:
Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted
after execution of the will offered for probate; was not the victim of a killing and was never adjudicated
incompetent:
,~ ;'ttJl
Decendent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property
(If not domiciled in Pa.) Personal property in Pennsylvania
(If not domiciled in Pa.) Personal property in County
Value of real estate in Pennsylvania
situated as follows:
.6!
~ j S.
$ ~ 9. t.~(}
$
$/~~ to,/)
I
0l
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s)
presented herewith and the grant of letters I~ j jo r/)~ ...../1/q r;. '1
(testamentary; administration c.La.; administration d.b.n.c.La.)
theron.
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OATH OF' PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA ~ss
COUNTY OF CU1YlBERLA~D J
The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are
true and correct to the best of the knowledge and belief of petitioner(s) and that as personal represen-
tative(s) of the above decedent petitioner(s) will 11 and truly administer the estate according to law.
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No. :J.1-DI-OCfO&
Estate of FLORE:NCE. A. A LBRlfJft T
, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW
OtTo 4
2.00 I
ui1t"'" in '~on"l'a'eratl'on l''- "j',e f~M;tin!~ ')fl
A___--_~_._.-_."._..._,_._~.1---,. "" "u . ~"'...~..... -. ........1.
the reverse side hereof, satisfactory proof having been presented before me,
IT IS DECREED that the instrument(s) dated 1- 5 -q lJ>
described therein be admitted to probate and filed of record as the last will of
Fl-O~c.t=... A. Al9.!PC1JiT
and Letters ~TAME.NTA
are hereby granted to t>oRCA5 EARlE:'/ ~ I>ENfJJ~ ALBRtGH T
FEES
Probate, Letters, Etc. ......... $ 235 .W
Short Certificates(3)_ . . . . . . . . .. $ q · 00
RefU!HSiatiol! .X:-.ffi~. ~ . . . . .. $~
~ $ 5.(1)
TOTAL _ $~
Filed 10: ~:. ql.. .... .... ........ . . . ...
MAILED TO ~EC1AIDR..
])oF\.-~ ~ .
AITORNEY (Sup. Ct. LD. No.)
ADDRESS
PHONE
I I 05.805 REV 9/86
This is to certify that the information here given is correctly copied fro~ an original certificate of death dul~ filed with me as
Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filmg.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
~. D~
~;...a~. ~~~~
Local Registrar
Fee for this certificate, $2.00
p
7578769
SEP 2 4 2001
NT
11105. :.,R... 2187 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
Y...
SEX
STAlf FILE NUMBER
SOCIAL SECURITY 'lUMBER
OATE OF 0ER11 ._. 0.,. ._,
NT
11(
'lAME Of' DECEDEPIT ,f... _. LMI'
t. Florence A.
AGE (1.atI8in!Ica'l) uNOEA 1 YtAA
...-. Days
F
3. 174 - 05
9/24/2001
BIRTHPLACE (CAy lIftd
SUIre 01 f",_ Cauna-,j
S.
COUNTY Of' OERH
81
~lo
1 Mt. Zion Rd.
t.. Carlisle, PA 17013
FRJ.lEA'S NAME CFirsI. ..._. L""
fl. Andrew Mountz
1NF000000S NAME (T ypeII'mII
-.O::>rcas A. Farly
IETHOO OF DtSPOS/TlON
~O =~O "-'-_Sl...O
. t..
SlGHRUAE OF
tlb. Coun
DId
-
,"in.
Cumberland --, 1111.0 ~a.:::'=oI
MOTHER'S NAME .f... ....,... MalCle/l Sut_1
ft. Edna Conmlan
INFORMANT'S MAtUHO AOORESS (Screoc. Cilylbwn, SWe. ZiP Col'e)
-. 29 Mt. Zion Rd., Carlisle PA 17013
PlACe OF lllSI'OSIT1OH. N_ 0I~. er.m-v lOCATlON. CilyITown. Stat.. ZIp c.-
O< 0lIlM "'-
2t.~estminster Man. Grds.
'lAME ANO ADOfIESS Of FAC\lIlY
De.EWin Brothers Funeral Hare, Carlisle, PA 17013
lICENSE NUMBER O.vE SIGNED
(Monlh.1lev. _
231t. /fN ~ 2301. q 2..'{ \2..00 \
'III'S CASE REFERRE TO:O EXA...INERICOAONER? Mo~
PART II: 0Uler ~ CXlnCIIIionI~ IOcleelll. but
noc IlISUIIinQ irllllll ~.,.... giwn In I\IJIIT I.
IolARITAL SWUS._
-.........~.
Diwlooed (SpecIy)
t.. Widowed
t,..m ......._......'"
RACE. _ -".1IIeck. WIl... elC.
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White
SUIMYING SPOUSE
CI_. QI\IW"-_
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Cumberland
... Carlisle Boro.
DECEOEHT'SUSUAl. ION
(Give knIa1___ourll\Q_ ,
oI--.g lie; dD noc.... 'cfrCd.) Sy l}@J}J.~LShoe
. nL Canenter "It. ....uupa.ny
DECEIlEH'''S IoIAlUIO AIlOAESS (SIr_~. s... Z.,Coclcl DECEDENT'S
ACTUAl.
AESlDENCE
"*"lCIlOI'lC
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t7L Slate
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21.. Car lisle, PA
17013
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WERE AUlOPSY ffNlllNGS
-...aE PAIOA TO
COMl'LET1OH OF CAUSE
OF OERH? fJ I A-
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MANNER OF OERH
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o.ve Of' INJUAY
tMontn.o..,.1Url
TIME OF INJURY
INJURY .v 'IYOAK?
DESCRlllE HOW INJURY OCCURRED.
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o PlACE OF INJURY. Al_. _. _.IKIO<y, oIftce ....
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'IIEOfCAL EXAMIHER/CORONEA
On Ule IMocle 01.._''''110'' .ndIotl"v.5t'g'IIon,I" my opl"ion, d..III occurr.d "III. 11m., d.I., .nd pl...,'ncI du.lo 1M .'U"(')'M
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REG/STRAin SIGNATURE AND NU
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ClRTIFU IOwa Clriy ClnCI
'c:aRT1'YINO PK'IIIClAN (""_C~CMnCaI_ -..,.,.,...IlhYIIC....hnP<~deall\ """c_"_23)
TO..._of....,~..__......_1D_........).nd_.....,.. ."".... ....................................................
21.
'PRONOUIlC\MO AHO C!RT""'INO PK'ISICIAN ,,,,.,..,., bOI/l lJfonoutlCll\Q <le'''' and c:er1tfyong 10 cause 01 <lea,,'
tlt... _ 01...., k--..g.. de.... __'1'" _. d.... .1Id plac., .nd _10 11M ........)..... "'....... .. ...104.. . . . . . . . . . . . . . . . . . . . . . . . .
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LAST WILL AND TESTAMENT
OF
FIDRENCE A. ALBRIGHT
I, FIDRENCE A. ALBRIGHT, of Cumberland County, pennsylvania, being
of sound mind, :rneroory and understanding, do hereby make, publish and declare
this as and for ~ Last Will and Testament, hereby revoking all other wills
and codicils heretofore made by me.
FIRST
I direct the payment of my debts and the expenses of my last
illness and funeral fran ~ estate as soon after ~ death as conveniently may
be done. If there be no cemetery lot available for ~ intennent, owned. by me
at the time of ~ death, I authorize my personal representative to purchase
such cemetery lot with a contract for perpetual care, using therefor funds
fran my estate, and I authorize my personal representative to cause title to
or ownership of such lot so purchased to be vested in such person as my
personal representative shall designate.
Further, in this connection, I authorize my personal
representative to expend funds fran my estate, in such arrount as my personal
representative shall consider necessary and desirable, for the purchase,
erection and inscription of a suitable marker for my grave.
SECClID
I give, devise and bequeath my entire estate of whatever nature
and wherever situate to my husband, BRUCE A. AlBRIGHT, if he shall survive me
by thirty (30) days. In the event my Husband predeceases me or fails to
survive me by thirty (30) days, then I give, devise and bequeath my entire
estate to my children, OORCAS EARLEY and DENNIS ALBRIGHT, in equal shares. In
~
II
the event that OORCAS EARLEY predeceases or fails to survive me thirty (30)
days, I give, devise and bequeath her portion of my estate to my grandson,
MICHAEL EARLEY, and any other after born, in equal shares, per stirpes. In
default of any such issue, then the share so appointed shall pass to Dennis
Albright provided he survives. In the event that DENNIS ALBRIGHT predeceases
or fails to survive me by thirty (30) days, I then give, devise and bequeath
his portion of my estate to OORCAS EARLEY or her issue, per stirpes.
THIRD
In the event I am not so sunrived by my said husband BRUCE A.
ALBRIGHT, and a portion of my estate passes to an heir under the age of
twenty-five (25), then that portion of my estate passing to the heir shall be
placed with FARMERS TRUST CXMPANY of Cumberland County , Pennsylvania, as
'IRUSTEE, under the following conditions:
1. My Trustee shall pay principal and income to or for the
benefit of the heir during his or her life as my Trustee, fran time to time,
shall deem advisable for the health, maintenance, support and cooplete
education of such heir and the members of his or her imnediate family. In
addition, my Trustee in his sole discretion may advance principal to said
beneficiary against the fractional shares to be advanced hereunder for the
costs of marriage, or the purchasing of a home or costs of entering a business
or profession if my said Trustee shall deem such expense reasonably prudent.
2. Notwithstanding the foregoing provisions, after attainment of
twenty-one (21) years, each heir may withdraw one-half (1/2) of the principal
of his or her trust valued as of said birthday or the date of division into
shares, if later; and after attaining age twenty-five (25) years, each heir
may withdraw the remainder of said principal and undistributed incane.
~
"
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I
3. In the event of the death of a trust beneficiary prior to age
twenty-five (25) then my Trustee shall distribute any remaining principal and
interest as such beneficiary shall appoint by specific reference to this power
in his or her will, or if such power is not exercised. in full, the unapp:>inted
principal shall be distributed to his or her issue, per stirpes, or in default
of such issue, to my issue, per stirpes; provided, however, any portion of
such principal, which would be distributed to any beneficiary for whom a trust
is then held hereunder, shall be added to such trust.
4. Should the principal of any trust herein provided for be or
becane too small in my Trustee's discretion to make establislnnents or
continuance of the trust advisable, my Trustee may distribute the remaining
principal and any accumulated or undistributed incane outright to the
beneficiaries in the proportions to which they are then entitled to. The
receipts and releases of the distributees will tenninate absolutely the rights
of all persons who might otherwise have future interest in the trust, whether
vested or contingent, without notice to them and without the necessity of
filing an account with the court.
FOURTH
I direct that no trustee, executor, guardian or other fiduciary
named, naninated, or appointed. by this my Last Will and Testament shall be
required to post any bond or give any security of any type for any purpose
whatsoever, any law or rule of the court of the Camonwealth of Pennsylvania
or any other jurisdiction to the contrary notwithstanding. I direct that the
law of the Camnnwealth of Pennsylvania shall apply to any interpretation or
application of the validity of this instrument.
FIFrH
My executor and trustee shall have the following powers in
addition to those vested in them by law and by other provisions of this Will,
applicable to all property, real, personal or mixed and wheresoever situate,
including property held for minors, whether principal or incane, exercisable
without court approval, and effective, with respect to each item of said
property until actual distribution thereof.
A) To retain, as investments of ItlY estate or trust, any or all
assets of ItlY estate, real, personal, or mixed, without regard to any principal
of diversification, and to purchase and acquire real or personal property and
to hold any or all of such real and personal property retained or acquired
without making the same productive of incare.
B) To pennit the children, or any of them, to occupy any real
estate retained or acquired upon such tenus and conditions as my executor or
trustee shall deem proper.
C) To pay all taxes, charges and expenses of maintenance, upkeep,
inprovements, developnent, protection, preservation and investment of any
retained or acquired real or personal property, such payments to be made fran
either principal or incane as my executor or trustee shall detennine.
D) To retain or invest any and all funds, whether principal or
incare, in any real or personal property without restriction to legal
investments i to purchase investments at premiums i to exercise all rights of a
security holder or share holder in any corporation; and to lease, mortgage,
pledge, give options upon or sell at public or private sale and without
approval of any court, any real or personal property, or portion or portions
thereof , irrespective of the manner or the means by which the same was
acquired by ItlY said executor or trustee.
'I
E) To nake payment or distribution herein provided for in cash,
kind or partly in cash and partly in kind, at valuations fixed by my executor
or trustee at the time of distribution.
SIXTH
Any and all payment or payments of any sum or sums, whether in
cash or in kind and whether for principal or income, payable to an heir, or
any of them, shall be made upon the sole receipt of the respective individual
to whom the payment is made, and free from anticipation, alienation,
assigrnnent, attachment, and pledge, and free from control by the creditors of
any such beneficiary.
SEVENTH
I appoint my husband, BRUCE A. ALBRIGHT, Executor of this my Last
will and Testament. Should my said Executor fail to survive me or for any
reason fail to qualify as Executor, then I appoint OORCAS EARLEY and DENNIS
ALBRIGHT of Pennsylvania, Co-Executors of this my Last Will and Testament.
IN WIWESS WHEREOF, I have hereunto set my hand and seal to this,
my Last Will and Testament, consisting of six (6) typewritten pages, the first
four (4) of which bear my signature in the margin for the purpose of
identification, this 5-!!2 day of JANUARY, 1996.
.'1~ 0- ~J2/
FIDRENCE A. ALBRIGHT
(SEAL)
II
II
Signed, sealed, published and declared by the aOOve named
testatrix, FIDRENCE A. ALBRIGHT, as and for her Last Will and Testament, in
the presence of us, who, at her request, in her sight and presence, and in the
sight and presence of each other, have hereunto subscribed our names as
witnesses.
~a.)~
ADDRESS Z 10 FtA,'rv \'W Sf. CArl, s ~ r'-4
,A
r"'" 4- ~+ ADDRESS 2- 2./ ,=.. L .~~..., ~,. t::~_/"/..' /'4
~TH OF PENNSYLVANIA
SSe
CCXJNTY OF CUMBERLAND
We, FIDRENCE A. ALBRIGHT,
~ ~4 ~ ~ G. /. /?1f!1 ~,9 ~,v
f11t {,h~ ( A. 5 '- here r
and
, the testatrix and the
witnesses, respectively, whose names are signed to the attached or foregoing
instrument, being first duly sworn, do hereby declare to the undersigned
authority that the testatrix signed and executed the instrument of her Last
Will and Testament, and that she signed willingly and that she executed as her
free and voluntary act for the purp::>ses therein expressed, and that each of
the witnesses, in the presence and hearing of the testatrix, signed the Will
as witnesses, and that to the best of their knowledge, the testatrix was at
the time eighteen (18) years of age or older, of sound mind and under no
constraint or undue influence.
Sworn to and subscribed before me this S t!l- day of JANUARY, 1996.
dft1JJt}
Notm\2J Seal '",
J'"' ;f"'r <::' r:'-~I(w,:{n, Notary Publlv
d1n.. '., ~'._:j-, j~,,,-.I,,~,""'nd {'ounty
Carli~;!('! 8'-'10, '-:'lJ\'U'jll~" -: 0 1999
t1 Co-">")".":''''-' ':".UFS ',~OV. 2v,
M:: be r.t;~;; ~:;'~.~~~:':~~~;'::-00r~()fN0tJ rlCS
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F:\FILES\DA T AFILE\EST A TES\I0465-notice.cen
--
CERTIFICATION OF NOTICE UNDER RULE 5.6(a)
Name of Decedent: Florence A. Albright
Date of Death: September 24, 2001
File No. 21-01-0906
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 or
about October 31, 2001.
Dorcas Earley
Dennis Albright
29 Mt. Zion Road, Carlisle, P A 17013
1 Mt. Zion Road, Carlisle, P A 17013
(717) 249-7434
(717) 258-8707
Notice has now been given to all persons entitled thereto under Rule 5.6(a) except: N/A
Date: October 31,2001
Signature
Name
~~~
Ivo V. Otto III, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Personal Representative
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
OTTO,IVO V. III, ESQ.
10 E. HIGH ST.
CARLISLE, PA 17013
-------- fold
ESTATE INFORMATION: SSN: 174-05-3242
FILE NUMBER: 21-2001- 0906
DECEDENT NAME: ALBRIGHT FLORENCE A
DA TE OF PAYMENT: 1 2/ 1 7 /2001
POSTMARK DATE: 00/00/0000
COUNTY: CUMBERLAND
DATE OF DEATH: 09/24/2001
NO. CD 000650
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
101 I $8,778.49
I
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I
I
I
I
I
TOTAL AMOUNT PAID:
REMARKS:
CHECK#105
SEAL
INITIALS: AC
RECEIVED BY:
REGISTER OF WILLS
$8,778.49
MARY C. LEWIS
REGISTER OF WILLS
17~//-5
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION
DEPT. Z80601
HARRISBURG, PA 171Z8-0601
NOTICE OF INHERITANCE TAX
APPRAISEMENT 1 ALLOWANCE OR DISALLOWANCE
OF DEDUCTIONS AND ASSESSMENT OF TAX
Reccti!
DATE
ESTATE OF
DATE OF DEATH
FILE NUMBER
COUNTY
ACN
02-04-2002
ALBRIGHT
09-24-2001
21 01-0906
CUMBERLAND
101
'02 FEB 13
1\10 :48
IVO V OTTO III ESQ
MARTSON ETAL
10 E HIGH ST
CARLISLE
u*
REV-1547 EX AFP Cl2-DD)
FLORENCE
A
Allount R_itted
C;e;ih
pWUfr~13d
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE1 PA 17013
CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~
REY=is4j-ix-AFP--fi'2-:ooi--NOTici--OF-"rNHiififANCi-YAX-APPRAIsiifEN:r,--ALi-owANci-oi-----------------
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ESTATE OF ALBRIGHT FLORENCE A FILE NO. 21 01-0906 ACN 101 DATE 02-04-2002
TAX RETURN WAS: (X) ACCEPTED AS FILED
CHANGED
If an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will
reflect figures that include the total of Abb returns assessed to date.
ASSESSMENT OF TAX:
IS. AIlount of line 14 at Spousal rate (IS)
16. Allount of Line 14 taxable at Lineal/Class A rate (16)
17. Allount of Line 14 at Sibling rate (17)
18. Allount of Line 14 taxable at Collateral/Class B rate (18)
19. Principal Tax Due
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)
~. Mortgages/Notes Receivable (Schedule D)
S. Cash/Bank Deposits/Misc. Personal Property (Schedule E)
6. Jointly Owned Property (Schedule F)
7. Transfers (Schedule G)
8. Total Assets
U)
(2)
(3)
(~)
(5)
(6)
(7)
177,000.00
.00
.00
.00
46,065.44
.00
.00
(8)
APPROVED DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H)
10. Debts/Mortgage LiabIlities/Liens (Schedule I)
11. Total Deductions
12. Net Value of Tax Return
13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J)
l~. Net Value of Estate Subject to Tax
(9)
UO)
151423.09
2.297.44
Ill)
(2)
(3)
(4)
NOTE:
.00 X 00 =
2051344.91 X 045 =
.00 X 12 =
.00 X 15 =
NOTE: To insure proper
credit to your accountl
submit the upper portion
of this forll with your
tax payment.
2231065.44
17.720 ~3
2051344.91
.00
2051344.91
(9)=
.00
91240.52
.00
.00
91240.52
TAX CREDITS:
PAYMENT RECE-ZPT DISCOUNT (+) AMOUNT PAID
DATE NUMBER INTEREST/PEN PAID (-)
12-17-2001 CDOO0650 462.03 81778.49
TOTAL TAX CREDIT 91240.52
BALANCE OF TAX DUE .00
INTEREST AND PEN. .00
TOTAL DUE .00
· IF PAID AFTER DATE INDICATED 1 SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST.
( IF TOTAL DUE IS LESS THAN $11 NO PAYMENT IS REQUIRED.
IF TOTAL DUE IS REFLECTED AS A "CREDIT-- (CR) 1 YOU HAY BE DUE
A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.)
,.
Name of Decedent:
Date of Death:
File No. :
Social Security No.:
I "LL f~ (..1 ",v
c,,/
REGISTER OF WILLS OF CUMBERLAND COUNTY
STATUS REPORT UNDER RULE 6.12
(For Resident Decedents Dying After July 1, 1992)
FLORENCE A. ALBRIGHT
September 24, 2001
21-01-0906
174-05-3242
Pursuant to Rule 6.12 ofthe 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 x 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:
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Date:
April 17, 2002
F:\FILES\DA T AFILE\EST A TES\ 1 0465.srep
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:
Did the personal representative state an account informally to the parties in
interest?
Yes No x
[Executors were sole beneficiaries and no accounting was necessary.]
Copies of receipts, releases, joinders and approvals offormal or informal accounts
_.:may be filed with the Clerk of the Orphans' Court and may be attached to this report.
j
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Signature:
Name:
Address:
Ivo V. Otto III, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Counsel for personal representative
..
,
ESTATE OF FLORENCE A. ALBRIGHT
CUMBERLAND COUNTY FILE NO. 21-01-0906
(~(Q) [FJ W
RECEIPT. RELEASE AND REFUNDING AGREEMENT
KNOW ALL MEN BY THESE PRESENTS that I, DENNIS ALBRIGHT, one of the
residuary legatees under the Last Will and Testament of Florence A. Albright, late of Lower
Frankford Township, Cumberland County, Pennsylvania, deceased, do hereby acknowledge receipt
of and from the Executors under the Last Will and Testament of the said Florence A. Albright, of
my one-half share of estate residue, in full satisfaction and payment of my residuary legacy under
the terms of said Last Will and Testament.
AND, THEREFORE, I, the said Dennis Albright, do by these presents remise, release, quit-
claim, and forever discharge the Executors aforesaid, their heirs, executors and administrators, of
and from the aforesaid legacy, and of and from all actions, suits, payments, accounts, reckonings,
claims and demands whatever, from the beginning of the world to the day of the date of these
presents.
AND, THEREFORE, I, the said Dennis Albright, agree to refund to the Executors aforesaid,
any portion of the distribution to which I am not properly entitled, and to the extent of said
distribution, to indemnify said Executors for claims made against them as Executors, and to
reimburse to said Executors all expenses and costs incurred in connection with any such claims.
AND I hereby consent and agree that the Orphans' Court of Cumberland County may
discharge the said Executors upon application, without further notice to me.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this d?L1..Jt:.... day of
~t,c4'\../ , 2002.
2/ ~
I , i
~i Q~ Oll .
rl6mis Albright T - ..
Witness:
~
.
ESTATE OF FLORENCE A. ALBRIGHT
CUMBERLAND COUNTY FILE NO. 21-01-0906
~ (OJ [FJ ~/
RECEIPT. RELEASE AND REFUNDING AGREEMENT
KNOW ALL MEN BY THESE PRESENTS that I, DORCAS EARLEY, one of the residuary
legatees under the Last Will and Testament of Florence A. Albright, late of Lower Frankford
Township, Cumberland County, Pennsylvania, deceased, do hereby acknowledge receipt of and from
the Executors under the Last Will and Testament of the said Florence A. Albright, of my one-half
share of estate residue, in full satisfaction and payment of my residuary legacy under the terms of
said Last Will and Testament.
AND, THEREFORE, I, the said Dorcas Earley, do by these presents remise, release, quit-
claim, and forever discharge the Executors aforesaid, their heirs, executors and administrators, of
and from the aforesaid legacy, and of and from all actions, suits, payments, accounts, reckonings,
claims and demands whatever, from the beginning of the world to the day of the date of these
presents.
AND, THEREFORE, I, the said Dorcas Earley, agree to refund to the Executors aforesaid,
any portion of the distribution to which I am not properly entitled, and to the extent of said
distribution, to indemnify said Executors for claims made against them as Executors, and to
reimburse to said Executors all expenses and costs incurred in connection with any such claims.
AND I hereby consent and agree that the Orphans' Court of Cumberland County may
discharge the said Executors upon application, without further notice to me.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this I q th day of
'/I{o.JLUL ,2002.
()/lWB1 Q fAn Q!1
Dorcas Earley
Witness:
~ \"
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I
I
~
_ .- -IDECE-DENTS NAME (LAST, FIRST, AND MIDDLE INITIAL)
I ALBRIGHT, FLORENCE A.
~DEAT~:YEAR) I DATE O~ BIRTH (MM-DD-YEARr~---
: 09/24/2001 I 02/18/1920
f(jFAPPlICABLETSuRVIVING SPOUSE'S NAME ( LAST. FIRST AND MIDDLE INITIAL)
I
---+
I 181 1. Original Return
I 0 4. Limited Estate
181
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REV-1500
INHERITANCE TAX RETURN
RESIDENT DECEDENT
00906
NUMBER
OFFICIAL USE ONLY
FILE NUMBER
21
COUNTY CODE
COMMONWEALTH OF PENNSYlVANIA
DEPARTMENT OF REVENUE
DEPT. 280601
HARRISBURG. PA 17128-0801
01
YEAR
f'. SOCIAL SECURITY NUMBER
174-05-3242
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THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
... SOCIAL SECURITY NUMBER
2. Supplemental Return
- -"03~ Remainder Return (date of death pnor ti)T2~3'82r --
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o 4a. Future Interest Compromise (date of death
after 12-12-82)
7. Decedent Maintained a Living Trust (Attach
copy of Trust)
10. Spousal Poverty Credit (date of death between
12-31-91 and 1-1-95)
o 11. Election to lax under Sec. 9113(A)(Attach Sch 0)
o 5. Federal Estate Tax Return Required
o 8. Total Number of Safe Deposit Boxes
6. Decedent Died Testate (Attach copy 0
of Will)
o 9. Litigation Proceeds Received 0
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! Ivo V. Otto, III, Esquire
FIRMNAME (ffapplicable)
i Martson Deardorff Williams & Otto
L-- ._.._~m._______._..~___ .
IfELEPHONE NUMBER
I 717/243-3341
ci.cc.==='c=.== U
: 1. Real Estate (Schedule A)
!
---I
I
10 East High Street
Carlisle, PA 17013
(1 )
(2)
177,000.00
O"FICIAL USE ONLY
.. C;
None=: (6'
:j ?7'
Nonec '.
~--~~~--
CJ
CJ
2. Stocks and Bonds (Schedule B)
9
3. Closely Held Corporation, Partnership or Sole-Proprietorship (3)
4. Mortgages & Notes Receivable (Schedule D) (4)
None;
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5. Cash, Bank Deposits & Miscellaneous Personal Property
(Schedule E)
6. Jointly Owned Property (Schedule F)
o Separate Billing Requested
7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property
(Schedule G or L)
8. Total Gross Assets (total Lines 1-7)
9. Funeral Expenses & Administrative Costs (Schedule H)
(9) 15,423.09
---~-
(10) 2,297.44
(5) 46,065.44,.
-.J
~) None
V
N
(7)
(8)
223,065.44
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I)
11. Total Deductions (total Lines 9 & 10)
12. Net Value of Estate (Line 8 minus Line 11)
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not
been made (Schedule J)
I 14. Net Value Subject to Tax (Line 12 minus Line 13)
- -----, SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES
15. Amount of Line 14 taxable at the spousal tax rate, x .00 (15)
or transfers under Sec. 9116(a)(1.2)
z 16. Amount of Line 14 taxable at lineal rate 205,344.91 x .045 (16)
0
>=
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f-
:J 17. Amount of Line 14 taxable at sibling rate .12 (17)
IL x
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0 ---~---
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~ 18. Amount of Line 14 taxable at collateral rate x .15 (18)
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---~------
19. Tax Due (19)
9,240.52
9,240.52
20. 0
CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT.
Copyright 2000 form software only The Lackner Group, Inc.
Form REV-1500 EX (Rev. 6-00)
.
~ Decedent's Complete Address:
STREET ADDRESS
~
One Mt Zion Road
CITY----~
Carlisle
STATE PA
ZIP 17013 -~-~
Tax Payments and Credits:
1. Tax Due (Page 1 Line 19)
2. Credits/Payments
A. Spousal Poverty Credit
8. Prior Payments
C. Discount
(1) 9,240.52
462.03
Total Credits (A + 8 + C)
(2)
462.03
3. InteresUPenalty if applicable
D. Interest
E. Penalty
TotallnteresUPenalty (D + E)
4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT.
Check box on Page 1 Line 20 to request a refund
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE.
A. Enter the interest on the tax due.
S. Enter the total of Line 5 + 5A. This is the BALANCE DUE.
(3)
(4)
(5)
(5A)
(58)
0.00
8,778.49
8,778.49
Make Check Payable to: REGISTER OF WILLS, AGENT
PLEASE ANSWER THE FOllOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Did decedent make a transfer and: Yes No
a. retain the use or income of the property transferred;............................................................................. 0 181
b. retain the right to designate who shall use the property transferred or its income;................................ 0 181
c. retain a reversionary interest; or............................................................................................................ 0 181
d. receive the promise for life of either payments, benefits or care?.......................................................... 0 181
2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without
receiving adequate consideration?............................................................................................................... 181 0
3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death?...... 0 181
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which
contains a beneficiary designation?.............................................................................................................. 0 181
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FilE IT AS PART OF THE RETURN.
Under penalties of pe~ury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief. it is true, correct
and complete.
Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge.
SIGNATURE OF PERS(\RESPO]BLE FOR FILING RETURN ADDRESS 29 Mt Zion Road ------;. DATE;
. , eJ' ')J Carlisle,PA 17013 1.2 17 of
- DATE
/d//11o I
--- DATE
/cJ- /; 741
One Mt Zion Road
Carlisle,PA 17013
10 East High Street
Carlisle, PA 17013
For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the
surviving spouse is 3% [72 P.S. ~9116 (a) (1.1) (i)].
For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0%
[72 P.S. ~9116 (a) (1.1) (i1)]. The statute does not exemot 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% [72 P.S. ~9116 (a) (1.2)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5%, except as noted in 72 P .S. ~9116
1.2) [72 P.S. ~9116 (a) (1 )].
The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% [72 P.S. ~9116 (a) (1.3)]. A sibling is defined,
under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption.
~
"
.
SCHEDULE A
REAL ESTATE
COMMONWEALTH DF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ES~~~E :F__ A=~~~HT~FL~~NCE A. I FILE ~~~:lE~00906 -
Ail real property owned solely or as a tenant in common must be reported at fair market value. Fair market value is defined as the
price at which property would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both having
reasonable knowledge of the relevant facts. Real property whictl is jointly-owned with right of survivorship must De disclosed on
schedule F.
ITEM
NUMBER
~.+._- .-.---.- .. ---
I ALL those two certain tracts of land situate in Lower Frankford Township, Cumberland County, P A,
being Parcel No. 14-05-0423-037, containing approximately 18 acres and being improved with a
one-story dwelling and outbuildings, and being recorded in Deed dated August 16,2001, recorded in
Cumberland County, PA, Deed Book 247, Page 4869. Value per appraisal attached.
DESCRIPTION
VALUE AT DATE
OF DEATH
177,600.00
TOTAL (Also enter on Line 1, Recapitulation)
177,000.00
..
SCHEDULE E
1 CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
ESTATE OF
ALBRIGHT, FLORENCE A.
*'
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
I FILE NUMBER
~_~l - 01 - 00906
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
M&T Bank, checking account #400297 (5214.08 + 1.82 ace. int.)
VALUE AT DATE
OF DEATH
5~2I s-:-9iT
DESCRIPTION
2
M&T Bank, certificate of deposit #31003910807204 (25422.01 + 42.41 ace. int.)
25,464.42
3
Proceeds of redemption of U.S. Savings Bonds
9,256.32
4
Sprint, refund
1.61
5
Insurance, premium refund
31.19
6
Continental Insurance, reimbursement for nursing home expense
5,346.00
7
Household goods
750.00
TOTAL (Also enter on Line 5, Recapitulation)
46,065.44
(.
.
ESTATE OF
, SCHEDULE G I
L~'~~~~~~~~~~~~~~~~~~~ 1_ -- - ... - ---
I FilE NUMBER
21 - 01 - 00906
I_______~-~
This schedule must be completed and filed if the answer to any of questions 1 through 4 on page 2 is yes.
~- --J ...----- DESCRIPTION OF PROPERTY DATE OF DEATH % OF it -_. -- ----
ITEM Include the name of the transferee. their relationship to decedent and Ihe date of transfer. E OF SSET DECO'S EXCLUSIO~ I TAXABLE VALUE
NUMBER Attach a copy of Ihe deed for real estate ALU A (IF APPLICABLE) I
. INTEREST
1- 1991 Chevrolet Blazer, transferred 8/01 to daughter, Dorcas' 2,000.00 100%
Earley
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ALBRIGHT, FLORENCE A.
2,000.00
6.00
2
1983 Camper, transferred 8/01 to son, Dennis Albright
1,000.00 100%
I
1,000.001
0.00
l____
i
---+-.- . -
TOTAL (Also enter on line 7, Recapitulation) I
t
. ~ I SCHEDULE H
~ : RJNERALEXPENSES&
COMMONWEALTH OF PENNSYLVANIA ~ Ana_OC!"T1:)A'J1\IE COSTS
INHERITANCE TAX RETURN #'\IJIV.~ IIV'\
RESIDENT DECEDENT
- --~~~ ------- --.. --------~---
I
I
I
....___._1_ ___ u___. __. ..
I FILE NUMBER
i ____21- ~~0~~~6_
ESTATE OF ALBRIGHT, FLORENCE A.
Debts of decedent must be reported on Schedule I.
DESCRIPTION
AMOUNT
--IT'EM--. I
_iUM~~~ ! FUNERAL EXPENSES:
1 I Ewing Brothers Funeral Home, Carlisle, P A
2 I Westminster Cemetery, grave opening
I
1-- -
I
3 i Reception food
\
B.
ADMINISTRATIVE COSTS:
Personal Representative's Commissions
1.
Social Security Number(s) I EIN Number of Personal Representative(s):
2.
Street Address
City State Zip
Year(s) Commission paid
Attorney's Fees Martson Deardorff Williams & Otto (estimated)
3.
Family Exemption: (If decedent's address is not the same as claimant's, attach explanation)
Claimant Dennis Albright
Street Address One Mt Zion Road
City Carlisle State PA Zip 17013
Relationship of Claimant to Decedent Son
Probate Fees Register of Wills, Cumberland County, PA
4.
5. Accountant's Fees
6. Tax Return Preparer's Fees
7.
I
Other Administrative Costs
The Sentinel, advertising Letters Testamentary
Cumberland Law Journal, advertising Letters Testamentary
2
3
Certified Mail to Department of Public Welfare
Total of Continuation Schedule(s)
I
l~----- .
TOTAL (Also enter on line 9, Recapitulation)
15,423.09
5,702.40
815.00
244.00
4,000.00
3,500.00
264.00
93.83
75.00
3.94
724.92
~
----_._--~--
.
ScheciJe H
FlI1eI'aI Expenses &
Adnirlistraive Cos1s continued
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
ALBRIGHT, FLORENCE A.
4 Register of Wills, filing fee, Inheritance Tax Return
I FilE NUMBER--~
! 21 - 01 - 00906
,---- - --
15.00
5
6
7
Diversified Appraisal Service, appraisal of real estate
Clarke-American, estate checkbook
9.92
200.00
Reserved for additional probate fee, filing and recording fees and miscellaneous costs
500.00
1_-
I ~.____
Page 2 of Schedule H
SCHEDULE I
DEBTS OF DECEDENT, MORTGAGE
LIABILITIES, & LIENS
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
ALBRIGHT, FLORENCE A.
Include unreimbursed medical expenses.
ITEM
NUMBER
I Chapel Pointe, account payable
DESCRIPTION
2
Omnicare Pharmacies, account payable
TOTAL (Also enter on Line 10, Recapitulation)
I FILE NUMBER
21 - 01 - 00906
u..____._ ________._
AMOUNT
2,295.00
2.44
2,297.44
OO""O""~M<S"'V"" 1
INHERITANCE TAX RETURN
RESIDENT DECEDENT
------_._---~ -.-.. --...-------- --.-----
SCHEDULE J
BENEFICIARIES
I
I
I
_u I
ESTATE OF
i FILE NUMBER
___1__~~1 ~?~90~
_J... R:~Z~~~~::~
j
ALBRIGHT, FLORENCE A.
Daughter
AMOUNT OR SHARE
I OF ESTATE
t:-~l~,,:t':'~;dll:
NUMBER
NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY
I. TAXABLE DISTRIBUTIONS (include outright spousal distributions)
1 I Dorcas Earley
29 Mt Zion Road
Carlisle, PA 17013
2 Dennis Albright
One Mt Zion Road
! Carlisle, PA 17013
Son
I
I
lOne-half estate residue
I
I t
I '
I Enler dollar amounts for distributions shown above on lines 15 through 17, as appropriate, on Rev 1500 cover she~t
II. I NON-TAXABLE DISTRIBUTIONS: I
'I A SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT I
BEING MADE I
!
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
TOTAL OF PART 11- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHE T
APPRAISAL REPORT
OF
A SINGLE-FAMILY DWELLING
LOCATED AT
1 MT. ZION ROAD
CARLISLE, PENNSYLVANIA
PREPARED FOR
THE ESTATE OF FLORENCE A. ALBRIGHT
AS OF
SEPTEMBER 24, 2001
BY
LARRY E. FOOTE
DIVERSIFIED APPRAISAL SER VlCES
EAST lllGH STREET, SUITE 101
CARLISLE, PENNSYL VANIA
17013-3052
(717) 249-2758
$C bt- \'A"
SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS
LOCATION:
1 Mt. Zion Road
Carlisle, Pennsylvania
TAX PARCEL NUMBER:
14-05-0423-037
IMPROVEMENTS:
A single-family dwelling.
PROPERTY RIGHTS:
Fee simple interest.
OWNERSHIP HISTORY:
The subject property is owned by Florence A Albright.
The property was purchased on for a reported
consideration of $1.00 and ownership transferred on Deed
Book 247, Page 4869.
SCOPE OF THE ASSIGNMENT: The scope 'of the assigfunent included an analysis of the
subject's area, an inspection of the subject property, an
estimation of the property's highest and best use,
consideration of all three approaches to value, and the
application of those relevant to the valuation of the
subject.
OBJECTIVE: To estimate the market value of the subject property as
unencumbered.
EFFECTIVE DATE:
As of September 24,2001.
HIGHEST AND BEST USE:
Use as a single-family residence.
COST APPROACH:
$181,000
SALES APPROACH:
$177,000
INCOME APPROACH:
N.A
FINAL VALUE CONCLUSION: $177,000
2
APPRAISAL CERTlFICA TION
I hereby certify that upon application for valuation by:
THE EST ATE OF FLORENCE A. ALBRIGHT
the undersigned personally inspected the fonowing described property:
All those two tracts of land situate in the Township of Lower Frankford, Cumberland
County, Pennsylvania, bounded and described as foHows:
TRACT NO.1: Beginning at a point located along a public right of way known as Mt.
Zion Road T -460 at lands now or formerly of Dorcas Earley~ thence along said Earley lands,
North 83 degrees 00 minutes 8 seconds West 289.59 feet to an iron post set; thence continuing
along the boundary line of said Earley lands, South 6 degrees 59 minutes 52 seconds West
173.31 feet to an iron pin at lands now or formerly of Wayne E. Brownewell; thence along said
Brownewen lands, North 74 degrees 38 minutes 5 seconds West, 512.13 feet, more or less, to a
point; thence continuing along said Brownewelllands, North 61 degrees 38 minutes 26 seconds
West, 337.89 feet to a point at lands now or formerly ofJesse W. Long; thence along said Long
lands, North 31 degrees 28 minutes 23 seconds East, 300.4 feet to a point; thence continuing
along same, North 82 degrees 26 minutes 49 seconds East, 460.65 feet to a point at lands now
or formerly of Bruce A Albright; thence along said Albright lands, South 61 degrees 52
minutes 12 seconds East, 575.91 feet to a point at said public right of way known as Mt. Zion
Road T-460; thence along said public right of way, South 7 degrees 40 minutes 00 seconds
West, 197.79 feet more or less to an iron pin at the comer of said Earley lands, the point and
place of beginning.
Being shown as Tract No.1 a residue tract ofland containing 9.648 acres on Final
Subdivision Plan for Bruce A and Florence A Albright which is recorded in Cumberland
County Plan Book 66, Page 57.
TRACT NO.2: Beginning at a spike located at the center of the intersection of two
public rights-of-way, being Township Road 460 and LR 21033; thence along the center line of
Township Road 460, South 00 degrees 58 minutes 00 seconds East, 907.29 feet to a spike at the
comer of Tract No.1 above described; thence along said Tract No.1, North 61 degrees 52
minutes 12 seconds West, 575.9 feet to existing stones at lands now or formerly of John E.
Garman; thence along said Garman lands, North 8 degrees 13 minutes 42 seconds West, 424.27
feet to an existing post; thence continuing along said Garman lands, North 61 degrees 12
minutes 19 seconds East, 568.74 feet to a spike located in the center of said LR 21 03 3; thence
along the center line ofLR 21033 South 47 degrees 18 minutes 00 seconds East, 80.00 feet to a
spike, the point and place of beginning
"
.J
.
Being shown as Tract No. 1 containing 8.563 acres on Final Subdivision Plan for Bruce
A. Albright which was recorded in Cumberland County Plan Book 29, Page 53.
To the best of my knowledge and belief the statements contained in this report are true
and correct, and that neither the employment to make this appraisal nor the compensation is
contingent upon the value reported, and that in my opinion the Market Value as of September
24,2001 is:
ONE HUNDRED AND SEVENTY-SEVEN THOUSAND DOLLARS
$177,000
The property was appraised as a whole, subject to the contingent and limiting conditions
outlined herein.
4
PURPOSE OF THE APPRAISAL
The purpose of this appraisal is to estimate the Market Value of the subject property as
of September 24, 2001.
Market Value, as defined by the courts, is the most probable price estimated in terms of
money which a property will bring if exposed for sale in the open market, allowing a
reasonable time finding a purchaser who buys with knowledge of all the uses to which it is
adapted and for which it is capable of being used.
Frequently, it is referred to as the price at which a willing seller would sell and a willing
buyer would buy, neither being under abnormal pressure.
HIGHEST AND BEST USE
Highest and Best Use is defined by the Appraisal Terminology and Handbook,
published by the Appraisal Institute, as "the most profitable likely use to which a property can
be pue'. The opinion of such use may be based on the highest and most profitable continuous
use to which the property is adapted and needed, or likely to be in demand, in the reasonable
near future.
However, elements affecting value that depend upon events or a combination of
occurrences which, while within the realm of possibility, are not fairly shown to be reasonably
probable, should be excluded from consideration. Also, if the intended use is dependent on an
uncertain act of another person, the intention cannot be considered.
Based on the above definition and after seeing the site, neighborhood, and area, it is my
opinion that the present use of the subject is its Highest and Best Use.
5
.
SITE DATA
ADDRESS:
I Mt. Zion Road
TOWNSIDP:
Lower Frankford
COUNTY:
Cumberland
STATE:
Pennsylvania
LOT SIZE:
18.21 acres.
SEWERS:
On-site septic system.
WATER:
On-site well.
ELECTRICITY:
Adams Electric.
LANDSCAPING:
Typical for the area, with a sodded lawn, trees and shrubs.
DET~ENTALmFLUENCES
None. Pride of ownership is evident throughout the neighborhood.
DESCRIPTION OF IMPROVEMENTS
GENERAL DESCRIPTION: One-story detached single-family dwelling contammg
approximately 1,200 square feet of gross living area above grade, with an enclosed breezeway
and attached two-car garage. Also located on the site is a 900 square foot concrete block
stable, an 800 square foot metal storage building, and a 40 square foot wooden storage
building.
CONDITION:
Exterior: Good
Interior: Good
ROOMS:
First Floor: Living room, eat-in kitchen, three bedrooms and a full
bathroom.
Basement: Full, with concrete floor.
6
EXTERIOR:
Foundation:
Walls:
Sash:
Gutters:
Roof:
Concrete block.
Brick
Vinyl-clad thermopanes with screens.
Painted aluminum.
Asphalt shingles.
INTERIOR, PRINCIPAL ROOMS: Flooring:
WaIls:
Ceilings:
Trim:
KITCHEN:
Cabinets:
Counters:
WaIls:
Flooring:
Sink:
BATHROOM:
Flooring:
Walls:
Bathtub:
Lavatory:
Water closet:
CONSTRUCTION:
Joists:
Beams:
Columns:
Plumbing:
HEATING:
Hardwood and carpet.
Drywall and wood paneling.
Drywall
Wood, natural finish.
Wood, natural finish.
Formica
Papered paneling.
Vinyl
Double-bowl, stainless steel.
Vinyl
Ceramic tile and painted drywall.
Built-in, with shower.
Vanity
Two-piece.
Wood
Wood
Concrete block.
Iron, copper and plastic.
Baseboard, electric.
HOT WATER:
Electric, 52-gallon.
ELECTRIC:
Circuit breaker system, 200-ampere.
OTHER:
There is a gas-burning stove located in the enclosed breezeway and a
brick fireplace in the basement.
GENERAL CONDITION: The improvements are considered to be in good condition on the
interior and on the exterior, with mechanical systems appearing to be adequate and functioning
properly.
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THE COST APPROACH
The Cost Approach to value is based on the principle of substitution. which proposes
that an informed buyer will pay no more than the cost of providing a substitute property with
similar utility.
In estimating the cost of providing a substitute. the following functions are completed.
The cost of the improvements, as if new. is estimated. Loss of value due to physical
deterioration, functional obsolescence and external depreciation, if applicable. is deducted to
represent the cost of a substitute depreciated. The land and the value of depreciated site
improvements is added to obtain a value indication of the real estate.
The cost new of the improvements was estimated using information from Marshall
Valuation Service, adjusted to the local area and verified with local contractors.
Dwelling: 1,200 sq. ft. @ $58..72 =
Basement: 1,200 sq. ft. @ $12.53 =
Porches, patios. etc.:
Fireplace and gasburning stove:
Garage: 480 sq. ft. @ $21.45 =
Total Estimated Cost New:
Depreciation:
Depreciated Cost of Improvements:
Misc. Site Improvements "as is":
Estimated Site Value:
$ 70,464
15,036
34,800
3,500
10.296
134,096
-33.524
100,572
10,000
70.000
Indicated Value by Cost Approach: $180.572
Rounded to: $181,000
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SALES COMPARISON APPROACH
In arriving at this conclusion of the value of the subject property, the appraiser made a
survey of properties that have sold in the area of the subject property.
Consideration was given and adjustments were made on each comparable sale as to
time of sale, size, location, as well as all other factors that might affect value. A resume of
some of the sales considered by the appraiser is as follows:
SALE NO. 1:
Location:
Date of Sale:
Sale Price:
Size:
Unit Price:
SALE NO.2:
Location:
Date of Sale:
Sale Price:
Size:
Unit Price:
SALE NO.3:
Location:
Date of Sale:
Sale Price:
Size:
Unit Price:
675 N. Middle Road, Newville.
July 16,2001.
$131,000
1,600 square foot dwelling on 8.58 acres.
$81.88 per square foot.
12 Long Road, Newville.
April 18, 2001.
$164,000
1 ,363 square foot dwelling with stable and other buildings
on 4.30 acres.
$120.32 per square foot.
142 N. Middlesex Road, Carlisle.
August 21,2000.
$126,000
2,200 square foot dwelling with stable and other buildings
on 2.40 acres.
$57.27 per square foot.
The appraiser, in addition to the sales listed, also considered several additional sales in
arriving at his final opinion of value. On the Sales Comparison Analysis form that follows this
page are dolIar adjustments reflecting market reaction to those items of significant variation
between the subject and comparable properties. If a significant item in the comparable
property is superior to, or more favorable than, the subject property, a minus (-) adjustment is
made, thus reducing the indicated value of the subject; if a significant item in the comparable is
inferior to, or less favorable than, the subject property, a plus (+) adjustment is made, thus
increasing the indicated value of the subject.
After making all of the necessary adjustments, it is the appraiser's considered opinion
that the indicated value of the subject property by the Sales Comparison Approach is $177,000.
9
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ITEM
Address
Proximity to Subject
Sale Price
Price I Sq. Fl GLA
Data Source
ADJUSTMENTS
Sales or Financing
Coocessioos
Date of Sale I Time
Location
Site I View
Design and Appeal
Construction
Age
Condition
Above Grade
Room Count
Gross Living Area
Basement &Finished
Rooms Below Grade
Functional Utilitv
Heatin~ I Coolimt
Gaf.lllre I CarPOrt
Porches. Patios
Pools, etc.
Special Energy
Efficient Items
Firenlace(s)
Other (e.g. kitchen
equip., remodeling)
Net Adi.(total)
Indicated Value
of Subiect
SUBJECT
I Mt. Zion Road
Carlisle
SALES COMPARISON ANALYSIS
COMPARABLE #1
675 N. Middle Road
Newville
COMPARABLE #2
12 Long Road
Newville
COMPARABLE #3
142 N. Middlesex Road
Carlisle
~~126000
~ $57.27 .
Inspection Central Pem MLS Courthouse and Central Perm MLS Courthouse and Central Perm
DESCRIPTION DESCRIPTION $ Atljust. DESCRIPTION $ A4just. DESCRIPTION $ Adjust.
As of 9-24-0 I
Average
18.21 aaes
I~ detached
Brick
36 years
Good
Tot. I Bed. r Bath
5 I 3 I 1
1,200 square feet
Full basement
Avera2e
Baseboard. electric.
2-car l!llI'll2e.
Encl breezeway,stor.
bld2., stable.
Typical for the
region.
Fplc., gasbumin2 sty.
Built-ins.
None
7-16~1
Similar
8.58 acres
Similar
Vmyl siding
26 years
Similar
Tot. r Bed. I Bath
6 I 3 I 2
1,600 square feet
Crawlspace
Similar
Heat PUIII[)
None
Porch. 0000.
Similar
None
Similar
-
+19,300
+3,000
4,000
-12,000
+ 10,000
-2,000
+6,000
+20,000
+2,000
+42,300
$173,300
None
4-IWl
Similar
4.30~
Similar
A1wninumsiding
29 years
Similar
Tot. I Bed. I Bath
5121m
1,363 square feet
Full bsmt.., with bed-
room and family nn.
Similar
Oil FHA w/CA
Similar
Porch. stable, pool.
stor. bldg.
+27,800
+3,000
-1,000
4,900
-6,000
-2,000
-5,000
Similar
Fireolace
+ 1,000
Similar
.-..'.-.........-.-.....
.-.._..-..........-........
+ 12,900
$176,900
FINAL INDICATED VALUE OF SUBJECT PROPERTY: $177,000
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None
8-21~
Similar
2.40 acres
Similar
Brick
18 years
Similar
Tot. T Bed. I Bath
6 i 3 I 2
2,200 square feet
Similar
Similar
Similar
l-car lmrll.I'e
Stable, two storage
b1df.'.:S-
Similar
Firenlace
Similar
-
+31,600
4,000
-30,000
+3,000
+1,000
+1,600
$127,600
CORRELA TION
Correlation may be defined as "the bringing together of parts in a proper relationship."
The parts of this appraisal report are the following approaches to value your appraiser used:
Value Indicated by Cost Approach
Value Indicated by Sales Comparison Approach
$181,000
$177,000
These approaches are representative of the market value of the subject property. I have
carefully reexamined each step in each method, and I believe the conclusions accurately reflect
the attitude of typical purchasers of this type property in this neighborhood. It is my belief that
this reexamination has confirmed the original conclusions.
The Cost Approach will result in an excellent estimate if all elements are figured
accurately, because no prudent person will pay. more for a property than the cost to produce a
substitute property with equal desirability and utility. Purchasers of the type of dwelling
typical of the subject property are more concerned with amenities than with hypothetical
replacement of the property. The value of the cost approach is not disregarded, but given less
weight because more errors in judgment can be made in this approach.
The Sales Comparison Approach was based on several recent sales of properties similar
to that of the subject, all of which are located in the same general area, The adjusted sales
prices are most consistent under comparison. This approach is the most reliable because it
reflects the reactions of typical buyers and sellers in the market.
Therefore, as a result of this appraisal and analysis, it is this appraiser's considered
judgment and opinion that the Market Value of the subject property, as of September 24,2001,
IS:
ONE HUNDRED AND SEVENTY -SEVEN THOUSAND DOLLARS
$177,000
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UNDERLYING ASSUMPTIONS AND LIMITING
CONDITIONS SUBJECT TO THIS APPRAISAL
1. I assume no responsibility for matters legal in nature, nor do I render any opinion as to
the title, which is assumed to be marketable. The property is appraised as though under
responsible ownership.
2. The legal description used herein is correct.
3. I have made no survey of the property, and the boundaries are taken from records
believed to be reliable.
4. I assume that there are no hidden or unapparent conditions of the property, subsoil or
structures which would render it more or less valuable. I assume no responsibility for
such conditions or for engineering which might be required to discover such factors.
5. The information, estimates, and opinions furnished to me and contained in this report
were obtained from sources considered reliable and believed to be. true and correct.
However, no responsibility for accuracy can be assumed'by me.
6. This report is to be used in its entirety and only. for the purpose for which it was
rendered.
7. Neither all nor any part of the contents of this report (especially any conclusions as to
value, the identity of the appraiser or the firm with which he is connected) shall be
reproduced, published, or disseminated to the public through advertising media, public
relations media, news media, sales media, or any other public means of communication,
without the prior written consent and approval of the appraiser.
8. This appraisal was prepared for the exclusive use of the client identified in this appraisal
report. The information and opinions contained in this appraisal set forth the
appraiser's best judgment in light of the information available at the time of the
preparation of this report. Any use of this appraisal by any other person or entity, or
any reliance or decisions based on this appraisal are the sole responsibility and at the
sole risk of the third party. The appraiser accepts no responsibility for damages
suffered by any third party as a result of reliance on or decisions made or actions taken
based on this report.
12
CERTIFICATE OF APPRAISAL
Your appraiser hereby certifies that:
1. The statements of fact contained in this report are true and correct.
2. The reported analyses, opinions, and conclusions are limited only by the reported
assumptions and limiting conditions, and are my personal, impartial, and unbiased
professional analyses, opinions, and conclusions.
3. I have no present of prospective interest in the property that is the subject of this report,
and no personal interest with respect to the parties involved.
4. I have no bias with respect to the property that is the subject of this report or to the
parties involved with this assignment.
5. My engagement in this assignment was not contingent upon developing or reporting
predetermined results.
6. My compensation for completing this assignment is' not contingent upon the
development or reporting of a predetermined value or direction in value that favors the
cause of the client, the amount of the value opinion, the attainment of a stipulated result,
or the occurrence of a subsequent event directly related to the intended use of this
appraisaL
7. To the best of my knowledge and belief, the statements of fact contained in this
appraisal report, upon which the analyses, opinions, and conclusions expressed herein
are based, are true and correct.
8. This appraisal report sets forth all of the limiting conditions (imposed by the terms of
my assignment or by the undersigned) affecting the analyses, opinions, and conclusions
contained in this report.
9. This appraisal report has been made in conformity with the Uniform Standards of
professional. Appraisal Practice adopted by the Appraisal Standards Board of the
Appraisal Foundation, and is subject to the requirements of the Code of Professional
Ethics and Standards of Professional Conduct of the National Association of Realtors
Appraisal Section.
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10. No one other than the undersigned prepared the analyses, conclusions, and
opinions concerning real estate that are set forth in this appraisal report.
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Larry . Foote
Certified General Appraiser
GA-000014-L
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LARRY E. FOOTE
REAL ESTATE APPRAISER
EXPERIENCE:
I 979-Present: Chief Appraiser. Diversified Appraisal Services, Carlisle, Pa.
Principal Broker, LaRue Development Company, Carlisle, Pa.
1976-1979: Associate Broker, Colonial Realty, Carlisle, Pa.
1972-1976: Realtor Associate, Jack Gaughen Realtor, Carlisle, Pa.
Appraisal experience included undeveloped land, farms, building lots, single-family dwellings, mobile
home parks, medical centers, nursing homes, motels, apartment buildings and complexes, office
buildings, service stations, veterinary clinics, rehabilitation centers, retail buildings, daycare centers,
warehouses, and manufacturing facilities.
EDUCATION:
Bachelor of Business Administration., Pennsylvania State University, 1976.
Associate Bachelor of Business Administration, Harrisburg Area Community
College, 1974.
Diploma, Carlisle Senior High School, 1965.
Certificate, Pennsylvania Realtors Institute, GR! I, GRIll,. GR! ill.
Certificate, Realtors National Marketing Institute, CI 101,CI 102, C1103, CI 104,
Cl 105.
Standards of Professional Practice, American Institute of Real EState Appraisers.
Real Estate Appraisal Principles, American Institute of Real Estate Appraisers.
Residential Valuation., American Institute of Real Estate Appraisers.
Appraisal Procedures, Appraisal Institute.
Principles of Income Property Appraising, Appraisal Institute.
Case Studies in Real Estate Valuation., Appraisal Institute.
Report Writing and Valuation Analysis, Appraisallnstitute.
PROFESSIONAL LICENSES:
General Appraiser #GA-OOOOI4-L, Commonwealth of Pennsylvania.
Real Estate Broker #RB-029729-A, Commonwealth of Pennsylvania.
PROFESSIONAL DESIGNATIONS:
GR!: Graduate of the Pennsylvania Realtors Institute, awarded by the Pennsyl-
vania Association of Realtors.
CRS: Certified Residential Specialist, awarded by the Realtors National Market-
ing Institute of the National Association of Realtors.
CCIM: Certified Commercial Investment Member, awarded by the Realtors
National Marketing Institute of the National Association of Realtors.
PROFESSIONAL ORGANIZATION AFFILIATIONS:
National Association of Realtors Appraisal Section.
Carlisle Association of Realtors.
Pennsylvania Association of Realtors.
National Association of Realtors
Realtors National Marketing Institute
15
PAST CLIENTS:
Borough of Carlisle
Keystone Financial Mortgage
Cornerstone Federal Credit Union
Pennsylvania State Bank
Commerce Bank
Cwnberland-Perry Association for Retarded Citizens
Carlisle Suburban Authority
Members 1st Federal Credit Union
Pennsylvania National Bank
Evans Financial Corporation
Greenawalt & Company. CPA
Smith's Transfer Corporation
Carlisle Department of Parks and Recreation
Executive Relocation Services
Carlisle Area School District
Messiah Homes, Incorporated
ERA Eastern Regional Services
Pennsylvania Turnpike Conumssion
Chase Home Mortgage Corporation
Defense Activities Federal Credit Union
Pennsylvania State Employees Credit Union
PNC Mortgage Corporation
F &M Trust Company
National City Mortgage Corporation
Washington Mutual Home Loans. Inc.
Prudential Relocation Services
Lender's Choice
Market Intelligence. Incorporated
United Telephone Employees Federal Credit Union
Cumberland County Commissioners
Allstate Enterprises Mortgage Corporation
Dickinson College
PPG Industries, Incorporated
Gettysburg College
Redevelopment Authority of Cumberland County
Record Data Appraisal Services, Incorporated
First United Federal Savings Association
Fulton Bank
United States Marshall Service
GMAC Mortgage Corporation
Orrstown Bank
Letterkenny Federal Credit Union
BancPlus Mortgage Corporation
Coldwell Banker Relocation Services, Incorporated
Central Pennsylvania Savings Bank
Mellon Bank
Provident Home Mortgage Corporation
Various law firms and individuals
16
p\IOTOGRA.P\IS 01' T\IE S\JllJECT PROPERT"
17
--
,
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. ~. MIff Bank
ACCOUNT NO.
ACCOUHT TYPE
400297
H&T SELECT WITH INTEREST
SEP. 08-0CT. 09,2001
1 OF 1
00 3 04319" H 021
132
FLORENCE A ALBRIGHT
1 MOUNT ZION RD
CARLISLE PA 17013-8913
INTEREST PAID YEAR TO DATE
46.98
HIGH STREET-CARLISLE
CHECI($&. .PTHU
SUBTRAtTIotfS .
09-08-01 BEGINNING BALANCE
09-10-01 CHECK NUttBER 4894
09-17-01 CHECK NUHBER 4895
09-24-01 DEPOSIT
09-24-01 CHECK NlJtIBER 4896
10-01-01 DEPOSIT U. ~, S~v' I "'ftS 6n-~S
10-09-01 INTEREST PAY"ENT
27.66
11.36
$8,199.74
8,172.08
8,160.72
146.36
3,093.00
6": 214 . DB::>
14,470.40
14,473.81
.:3,--'f) s 9,256.32
3.41
ENDING BALANCE
$14,473.81
,.
. Cttr:r;ltS .P~l() .~~~y..
I
4894 09-10-01
27.66
4895 09-17-01
11.36
4896 09-24-01
3,093.00
ANNUAL PERCENTAGE YIELD EARNED = 0 .43 i:
REFER A FRIEND TO "IT BANK AND GET A FREE GIFT!
NOW, WHEN YOU ASK A FRIEND TO OPEN A CHECKING ACCOUNT WITH "&T, NOT ONLY WILL
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TELEPHONE BANKING CENTER AT 1-800-724-2440 TO GET A REFER-A-FRIEND COUPON.
HURRY, GIFT QUANTITIES ARE LIHITED. FREE GIFT PROVIDED AT TI"E OF ACCOUNT
OPENING.
SC.H.
\" E h j.j...vY\l'\S
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+
Page: 1 Document Name: Sessiona
PSBLCDA1
EBRN6VJ
Customer Service workstation
Cert. of Deposit Account Balance
07:40:04
01/10/01
Account
#: 31003910807204
Product: CDA
Current Balance
d Interest
Int Pd Prior Cycle $
Pledged Amount $
Date Transaction
09/21 INTEREST PAID BY CHECK (DEB
09/21 INTEREST PAYMENT
08/22 INTEREST PAID BY CHECK (DEB
08/22 INTEREST PAYMENT
07/20 INTEREST PAID BY CHECK (DEB
07/20 INTEREST PAYMENT
06/22 INTEREST PAID BY CHECK (DEB
Do you want to close this account?
F2 Options F3 Main Menu F6 Referral
$
25,422.01
42.41
146.36
.00
D/e
D
C
D
C
D
C
D
2
Last
Last
SubCode: CL
M&T BANK
SSN/TIN: 174053242
Package:
Region : CEPA
Status : ACTIVE
Restraint: N
Deposit Amount: $
Deposit Date
146.36
01/09/22
Title
1: FLORENCE A ALBRIGHT
2 :
$
~
'T'
Amount
146.36
146.36
146.36
146.36
141.63
141.63
146.37
$
$
$
$
$
Fl1 Title
F12 Previous
S~H-. \\ E., :c~ 2.
-...
Date: 10/1/ 1 Time: 07:40:54 AM
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lAST WILL AND TESTAMENT
OF
FIDRENCE A. ALBRIGlIT
I, FIDRENCE A. AlBRIGHT, of Cumberland County, Pennsylvania, being
of sound mind, rnerrory and understanding, do hereby 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 my debts and the expenses of my last
illness and funeral fram my estate as soon after my death as conveniently may
be done. If there be no cemetery lot available for my intennent, owned by me
at the time of my death, I authorize my personal representative to purchase
such cemetery lot with a contract for perpetual care, using therefor funds
fram my estate, and I authorize my personal representative to cause title to
or ~ership of such lot so purchased to be vested in such person as my
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personal representative shall designate.
Further, in this connection, I authorize my personal
\'1"\ representative to expend funds fram my estate, in such amount as my personal
representative shall consider necessary and desirable, for the purchase,
erection and inscription of a suitable marker for my grave.
SEmND
I give, devise and bequeath my entire estate of whatever nature
and wherever situate to my husband, BRUCE A. AlBRIGHT, if he shall survive me
by thirty (30) days. In the event my Husband predeceases me or fails to
survive me by thirty (30) days, then I give, devise and bequeath my entire
estate to my children, OORCAS EARlEY and DENNIS AlBRIGHT, in equal shares. In
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the event that CORCAS EARIEY predeceases or fails to survive me thirty (30)
days, I give, devise and bequeath her portion of my estate to my grandson,
MIGfAEL EARIEY, and any other after born, in equal shares, per stirpes. In
default of any such issue, then the share so appointed shall pass to Dennis
Albright provided he survives. In the event that DENNIS ALBRIGHT predeceases
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or fails to survive me by thirty (30) days, I then give, devise and bequeath
his portion of my estate to CORCAS EARLEY or her issue, per stirpes.
THIRD
In the event I am not so survived by my said husband BRUCE A.
ALBRIGHT, and a portion of my estate passes to an heir under the age of
twenty- five (25), then that portion of my estate passing to the heir shall be
placed with FARMERS TRUST CXMPANY of Cumberland County, Pennsylvania, as
TRUSTEE, under the following conditions:
1. My Trustee shall pay principal and income to or for the
benefit of the heir during his or her life as my Trustee, from time to time,
shall deem advisable for the health, maintenance, support and corrplete
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education of such heir and the members of his or her imnediate family. In
ackiition, my Trustee in his sole discretion may advance principal to said
beneficiary against the fractional shares to be advanced hereunder for the
costs of marriage, or the purchasing of a home or costs of entering a business
or profession if my said Trustee shall deem such expense reasonably prudent.
2. Notwithstanding the foregoing provisions, after attainment of
twenty-one (21) years, each heir may withdraw one-half (1/2) of the principal
of his or her trust valued as of said birthday or the date of division into
shares, if later; and after attaining age twenty-five (25) years, each heir
may withdraw the rerrainder of said principal and undistributed income.
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3. In the event of the death of a trust beneficiary prior to age
twenty-five (25) then my Trustee shall distribute any remaining principal and
interest as such beneficiary shall appoint by specific reference to this power
in his or her will, or if such power is not exercised in full, the unappointed
principal shall be distributed to his or her issue, per stirpes, or in default
of such issue, to my issue, per stirpes; provided, however, any portion of
such principal, which would be distributed to any beneficiary for whom a trust
is then held hereunder, shall be added to such trust.
4. Should the principal of any trust herein provided for be or
become too SIlE.Il in my Trustee' s discretion to nake establishments or
continuance of the trust advisable, my Trustee may distribute the remaining
principal and any accumulated or undistributed income outright to the
beneficiaries in the proportions to which they are then entitled to. The
receipts and releases of the distributees will terminate absolutely the rights
of all persons who might otherwise have future interest in the trust, whether
vested or contingent, without notice to them and without the necessity of
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filing an account with the court.
FOURTH
I direct that no trustee, executor, guardian or other fiduciary
named, nominated, or appointed by this my Last Will and Testament shall be
required to post any bond or give any security of any tyPe for any purpose
whatsoever, any law or rule of the court of the Corrm:mweal th of Pennsylvania
or any other jurisdiction to the contrary notwithstanding. I direct that the
law of the C()f[(OOnwealth of Pennsylvania shall apply to any interpretation or
application of the validity of this instrument.
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FIFTH
My executor and trustee shall have the following powers in
addition to those vested in them by law and by other provisions of this Will,
applicable to all property, real, personal or mixed and wheresoever situate,
including property held for minors, whether principal or income, exercisable
without court approval, and effective, with respect to each item of said
property until actual distribution thereof.
A) 'Ib retain, as investments of my estate or trust, any or all
assets of my estate, real, personal, or mixed, without regard to any principal
of diversification, and to purchase and acquire real or personal property and
to hold any or all of such real and personal property retained or acquired
without making the same productive of income.
B) 'Ib permit the children, or any of them, to occupy any real
estate retained or acquired upon such terms and conditions as my executor or
trustee shall deem proper.
.!'
C) To pay all taxes, charges and expenses of maintenance, upkeep,
irrprovements, developnent, protection, preservation and investment of any
retained or acquired real or personal property, such payments to be made from
either principal or income as my executor or trustee shall determine.
D) To retain or invest any and all funds, whether principal or
income, III any real or personal property without restriction to legal
investments; to purchase investments at premiums; to exercise all rights of a
security holder or share holder in any corporation; and to lease, rrortgage,
pledge, give options upon or sell at public or private sale and without
approval of any court, any real or personal property, or portion or portions
thereof, irrespective of the manner or the means by which the same was
acquired by my said executor or trustee.
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E) To make payment or distribution herein provided for in cash,
kind or partly in cash and partly in kind, at valuations fixed by my executor
or trustee at the time of distribution.
SIXTH
Any and all payment or payments of any sum. or sums, whether in
cash or in kind and whether for principal or income, payable to an heir, or
any of them, shall be made upon the sole receipt of the respective individual
to whom the payment is made, and free from anticipation, alienation,
assignment, attachment, and pledge, and free from control by the creditors of
any such beneficiary.
SEVENTH
I appoint my husband, BRUCE A. ALBRIGHT, Executor of this my Last
will and Testament. Should my said Executor fail to survive me or for any
reason fail to qualify as Executor, then I a:pfX)int OORCAS EARLEY and DENNIS
ALBRIGlIT of Pennsylvania, Co-Executors of this my Last Will and Testament.
IN WI'lNESS WHEREOF, I have hereunto set my hand and seal to this,
my Last Will and Testament, consisting of six (6) typewritten pages, the first
four (4) of which bear my signature in the margin for the purpose of
identification, this 5-!!:..
day of JANUARY, 1996.
3~~ 0- ~.2/
FIDRENCE A. ALBRIGHT
(SEAL)
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Signed, sealed, published and declared by the above named
testatrix, FWRENCE A. ALBRIGHT, as and for her Last will and Testament, ln
the presence of us, who, at her request, in her sight and presence, and in the
sight and presence of each other, have hereunto subscribed our names as
witnesses.
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C~r!, S 0.
ADDRESS 2.10 FCt,'rv iw Sf,
~-4
,.
~~~~ ADDRESS 2- }./ ~. ,t*~~e- ST.,. C...-/...k, /4
~TH OF PENNSYLVANIA
SS.
CDUNTY OF OJMBERLAND
We, FWRENCE A. ALBRIGHT,
;Y/;c-h~ I A. 5L~fer
and
L J/ ;)t-
, the testatrix and the
G. E. H4v9 )/V
,
witnesses, resPeCtively, whose names are signed to the attached or foregoing
instrument, being first duly sworn, do hereby declare to the undersigned
aut~ority that the testatrix signed and executed the instrument of her Last
.;r
Will and Testament, and that she signed willingly and that she executed as her
free and voluntary act for the purPOses therein expressed., and that each of
the witnesses, in the presence and hearing of the testatrix, signed the will
as witnesses, and that to the best of their knowledge, the testatrix was at
the time eighteen (18) years of age or older, of sound mind and under no
constraint or undue influence.
Sworn to and subscribed before me this S t!l- day of JANUARY, 1996.
11L~tsr
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