HomeMy WebLinkAbout04-25-84
IN RE: ESTATE OF
IN THE COURT OF CO~10N PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
CLARA E. BURNHISEL, also kno\Vll
as CLARA E. COMP, DECEASED
LATE OF TIlE BOROUGH OF CARLISLE,:
Cill1BERLAND COUNTY, PENNSYLVANIA: NO. 21-78-590
PETITION PURSUANT TO PA. C.S. ~5l55
FOR APPROVAL OF SALE OF REAL ESTATE
OF MINOR AND DISTRIBUTION OF PROCEEDS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
The Petition of RUTH E. MORRIS, as parent and legal guardian
of MICHAEL J. MORRIS, formerlyMIGHAELL. BERNHEISEL, a minor, by
Hayne F. Shade, Attorney for MICHAEL J. MORRIS, respectfully
represents, as follows:
1.
Petitioner RUTH E. MORRIS in an adult individual who resides
at 823 Erford Road, Camp Hill, Cumbe:rland County , Pennsylvania.
2.
Petitioner is an adoptive parent of MICHAEL J. MORRIS, former
ly MICHAEL L. BERNHEISEL, by virtue of the order of this Court in
the person of the Honorable Dale F. Shughart, P.J., dated June 12,
1981.
3.
MICHAEL J. MORRIS was born MICHAEL L. BERNHEISEL on August
16, 1973, to Clara E. Burnhisel, also known as Clara E. Comp, and
allegedly to Frank L. Burnhisel, also known as Frank L. Bernhisel.
4.
It is further alleged that four previous children born to
WAYNE F. SHADE
Attorney at Law
5 South Hanover Street
Carlisle. Pennsylvania 17013
Clara Edna Comp, all of whom are now adults, namely Elsie I.
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Miller, Janet L. Benner, Frank E. Camp and Wanda M. Wolfe, were
the children of Frank L. Burnhisel.
5.
Although the said Clara E. Camp was not ceremonially married,
the said Clara E. Camp assumed the name of Clara E. Burnhisel.
6.
FRANK L.BURNHISEL died intestate on September 10, 1975,
leaving to survive him two children, Alice L. 'vallace and Laura
11. (Cornett) Garner, who were ultimately appointed administratricie
of his estate. Also living at the time of the death of Frank L.
Burnhisel were the said Clara E. Burnhisel, Elsie I. Miller,
Janet L. Benner, Frank E. Camp, Wanda M. Wolfe and Michael L.
Bernh~i$el,now Michael J. Morris.
7.
The said CLARA E. BURNHISEL with now MICI~EL J. MORRIS and he
other four children consulted HaynE~ F. Shade, Esquire, in July of
1976 with regard to the filing of claims of inheritance against
the estate of FRANK L. BURNHISEL.
8.
The said CLARA E. BURNHISEL died on October 4, 1978.
9.
Negotiations between the said \Jayne F. Shade, ESQuire, and
\~illiam A. Kramer, II, Esquire, resulted in a settlement which was
approved by your Honorable Court in the person of the Honorable
Dale F. Shughart, P.J. by Order of Court dated December 1, 1981,
and filed in the Estate of FRANK L. BERNHISEL, Deceased, at
WAYNE F. SHADE
Attorney at Law
5 South Hanover Street
Carlisle. Pennsylvania 17013
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No. 21-75-504 of the record of Cumberland County, Pennsylvania.
10.
Said settlement provided for distribution of one-half of the
net Estate of FRANK L. BERNHISEL to ALICE L. v7ALLACE and LAUP~ M.
CORNETT and distribution of the remaining half in equal shares to
the said five children of CLARA E. BURNHISEL.
11.
Distribution of the liquidated portion of the Estate was
approved.
12.
A portion of the Estate of FRANK L. BERNHISEL which passed
in equal shares to the said five children of CLARA E. BURNHISEL was
the undivided one-half interest of the said FRANK L. BERNHISEL in
a tract of unimproved land situate in Saville TO\Vllship, Perry
County, Pennsylvania.
13.
Said tract of land containing 35.64 acres is more particular-
ly bounded and described in Exhibit "A" which is attached hereto
and incorporated herein by reference as though fully set forth.
14.
The owner of the other undivided one-half interest in said
real estate was the said CLARA E. BURNHISEL. See deed dated
April 5, 1963, and recorded in Perry County Deed Book 174, Page 279,
whereby Margaret Comp and James Comp, her husband, granted and
conveyed said premises to Clara Comp and Harold Compo See further
deed dated April 10, 1964, and recorded in Perry County Deed Book
WAYNE F. SHADE
Attorney at Law
5 South Hanover Street
I Carlisle. Pennsylvania 17013
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178, Page 272, whereby Harold Comp granted and conveyed his
undivided one-half interest in said preI'1ises to FRANK L. BERNHISEL.
15.
The share of the said MICHAEL J. MORRIS in said undivided
one-half interest of CLARA E. BURNHISEL was an eoua1 one-fifth
thereof by virtue of Item Second of her Last ,Qi11 and TestaTIent
dated June 22, 1977, and admitted to probate as above-captioned.
16.
The only asset in the estate of the said CLARA E. BURNHISEL
other than miscellaneous personal property of less than $500.00 in
value was the undivided one-half interest in said real estate.
17.
The funeral bill and all other major obligations of the
estate of the said CLARA E. BURNHISEL remain to be paid and there
is no source of payment other than said real estate.
18.
The fair market value of said real estate has been appraised
by two qualified appraisers, Melvin E. Spahr and Steven W. Barrett
at $17,500.00 and $19,500.00, respectively, copies of their written
appraisals being attached hereto as Exhibits "B" and "c" and
incorporated herein by reference as though fully set forth.
19.
All parties with interest in said real estate have entered
into an agreement for private sale of said real estate for the sum
of $19,600.00 subject to Court approval, a copy of said agreement
being attached hereto as Exhibit "D" and incorporated herein by
WAYNE F. SHADE
Attorney at Law
5 South Hanover Street
Carlisle, Pennsylvania 17013
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reference as though fully set forth.
20.
Petitioner believes and therefore avers that the said propose
sale is in the best interests of the said l1ichael J. Morris and
that the price offered is better than can be obtained at Dublic
sale.
21.
~vayne F. Shade, Esquire, as Executor of the estate of Clara E.
Burnhisel, Deceased, joins in this Petition to request Court
a~proval of said sale for payment of the obligations of the estate
of Clara E. Burnhisel, Deceased.
22.
The aforesaid Elsie I. Miller, Janet S. Benner, Frank E.
Comp and Handa M. vJolfe join herein by the said ~vayne F. Shade,
ESQuire, their attorney-in-fact, a coPY of the Power of Attorney
dated June 29, 1982, being attached hereto as Exhibit !IE" and
incorporated herein by reference as though fully set forth.
IffiEREFORE, all parties in interest with respect to said real
estate respectfully request that your Honorable Court approve the
proposed private sale of said real estate with the one-fifth share
of the proceeds of the said Michael J. Morris to be held by Wayne
F. Shade, Esquire, pending further Order of Court.
Respectfully submitted,
Ha~~sC;~
WAYNE F. SHADE
Attorney at Law
5 South Hanover Street
Carlisle. Pennsylvania 17013
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COM}10N~lliALTH OF PENNSYLVANIA)
55.
COUNTY OF CUMBERLAND
)
RUTH E. t10RRIS, being duly sworn according to law, deposes
and says that she is one of the Petitioners in the foregoing
Petition and that the facts set forth therein are true and correct
to the best of her knowledge, information and belief.
"
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n I t/1 t' r/I, /'/~/
Ruth E. MorriEf
Sworn to and subscribed
before De this ~3~ay
Of~
, 1984.
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WAYNE F. SHADE
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Attorney at Law
5 South Hanover Street
Carlisle. Pennsylvania 17013
COMMONWEALTH OF PENNSYLVANIA)
SS.
COUNTY OF CUMBERLAND
)
~JAYNE F. SHADE, Esquire, beinf duly sworn according to law,
deposes and says that he. is Attorney for Michael J. Morris and
Attorney-in-Fact for Elsie I. Miller, Janet L. Benner, Frank E.
Comp and Handa M. Wolfe, that he makes this Affidavit on their
behalf being authorized to do so, and that the facts set forth in
the foregoing Petition are true and correct to the best of his
knowledge, information and belief.
wa~~hf~
Sworn to and subscribed
before me this lefrday
of
~
, 1984.
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WAYNE F. SHADE
Attorney at Law
5 South Hanover Street
Carlisle. Pennsylvania 17013
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ALL THAT CERTAIN piece or parcel of ground situate in Saville Township, Perry
County, Pennsylvania, more particularly bounded and described according to the
survey of Thomas L. Palm, R.S., dated March 13, 1981, as follows:
BEGINNING at a point in the center of Township Road 350 at lands now or formerly
of Arthur Allen, Jr., thence in said Township Road and along said lands the
following courses and distances: South 2 degrees 50 minutes 09 seconds East 642.60
feet; South 1 degree 35 minutes 09 seconds East 398.04 feet; and South 9 degrees
39 minutes 52 seconds West 251.26 feet; thence along said lands and thro~gh an iron
pin set off 33.93 feet South 50 degrees 14 minutes 53 seconds East 222.35 feet to
a marked pine; South 14 degrees 29 minutes 53 seconds East 199.86 feet across a
twenty (20) feet wide right-of-way to an iron pin found; South 24 degrees 22
minutes 22 seconds. West 162.52 feet to an iron pin found at a second twenty (20)
feet wide right-of-way; South 26 degrees 14 minutes 32 seconds East 138.42 feet
along said second right-of-way to a nail in a marked white oak; South 25 degrees
18 minutes 27 seconds West 168.43 feet across said second right-of-way to an iron
pin found; South 72 degrees 11 minutes 15 seconds West 298.38 feet to an iron pin
in fallen marked locust; South 27 degrees 09 minutes 05 seconds West 86.79 feet
to a marked red oak; and South 46 degrees 10 minutes 32 seconds West 334.67 feet
across a third twenty (20) feet wide right-of-way to an iron pin found at lands
now or formerly of David Hoover and others; thence along said lands the following
courses and distances: North 46 degrees 31 minutes 24 seconds West 404.15 feet
through an iron pin set in a cherry stump 31.80 feet from a point in the center of
said Township Road 350; along the center line of said Township Road North 44 degrees
30 minutes 55 seconds East 395.84 feet to a point in the center line of said
Township Road; North 38 degrees 44 minutes 02 seconds West 331.97 feet through an
iron pin set 19.71 feet from the center line of said Township Road to an iron pin
set; North 25 degrees 58 minutes 32 seconds East 359.78 feet to an iron pin set at
a private road; and North 11 degrees 23 minutes 04 seconds West 1362.05 feet across
said private road to an iron pin set in Township Road 348 at a corner of lands now
or formerly of E. M. Brown; thence along said lands now or formerly of E. M. Brown
North 88 degrees 04 minutes 25 seconds East 237.75 feet to an iron pin fo~nd at the
corner of said lands now or formerly of E. M. Brown and lands now or formerly of
James Swartz; thence along said lands now or formerly of James Swartz North 88 degrees
04 minutes 25 seconds East 228.73 feet to an iron pin in a pine stump; thence
continuing along same South 81 degrees 00 minutes 26 seconds East 293.53 feet
through an iron pin set 25.00 feet from a point in the center line of said Township
Road 350, the Place of BEGINNING. CONTAINING 35.64 Acres.
EXEIBIT >lA"
AFFIDAVIT OF VALUE
COtlliOmlliALTH OF PENNSYLVANIA)
S8.
COUNTY OF CUMBERLAND
)
MELVIN E. SPAHR, being duly sworn according to law, deposes
and says, as follows:
1. That he is a licensed real estate broker in the Co~ryon-
wealth of Pennsylvania with offices at 3501 Spring Road, Carlisle,
Cumberland County, Pennsylvania.
2. That he is well acquainted with the premises situate in
Saville Township, Perry County, Pennsylvania, referenced in Perry
County Deed Book 174, Page 279, and with the value of real estate
in the vicinity of said premises.
3. That he has inspected said ~remises and is of the opinion
that $17,500.00 is a full and fair price for the same; and under
all the circumstances, a better nrice than can be obtained at
public sale.
4. That he believes itwoulddbe in the best interest and
to the advantage of the minor to sell said pre~ises for any price
equal to or exceeding said appraised value.
5. That deponent has no present or contemplated future
interest in the property appraised or the result of the appraisal.
Sworn to and subscribed
before )Je_.t.his /7t,{ day
of ~1 ,1984.
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~in E. sip
WAYNE F. SHADE
Attorney at Law
5 South Hanover Street
Carlisle. Pennsylvania 17013
co . SHULTZ, Notary
My Commission EJ'l::i,es CllJ,:.1" 19/0
Carlisle, P A C'~mberl(!nd c-.'~ntr EXH I BIT ' I B -1 ' I
1/ ~jM 4J.-
"MEL"vin E. Spahr
Real Estate Appraiser
.3501 Spring Road, Carlisle, Permsylvania 17013
Phone: 243-5436
APPRAISAL OF THE VALUE
CERTIfiCATE
for:
~.I.I~....hlt:f~
Rona Id 1.. Mahan
219 Hilltop Road,
Boiling Springs, Pennsylvania 17007
1:0 i',I., ITilii\ IlIat I lIan' pt'rsollally examilled the property described as
.lppranDUlte17 35.64 Acres of Woodland in Saville Township,
Perl"1 Coont" Pennq1vania.
Along 'township Roads T-350 and T-348
alill it i~ 111\ 01"111011 that tht' \'alllt' 01 ~ai'l (>I'()(>e~ty as of the 28th
March, 1984 A. n, IS $17,500.00
day of
LIMITING
CONDITIONS
The- opinion of value expressed above is the result of and is Subject to the data
and conditions described in detail in the accompanying nport of Three pages.
No responsibility is assumed for matters of a legal nature concerning the apprais-
ed property, nor of questions of survey,
No fractional part of this appraisal is to be used in conjunction with another ap-
praisal. Such use renders it invalid,
1.
EXHIBIT "B-2"
Phone: '24:~-f)4:~6
, .
MEL SPAHR AGENCY
Real Estate & Insurance
3501 Spring Road, (Carlisle Springs)
Carlisle, Pa. 17013
Locati 0111
Approxiutel7 35.64 acres of woodland.
Saville Township, Perry Count1. PeD.ll8Y'lvan1a.
Along Township Roads, T-350 and T-346
Directions to above tractt
Rt. 7b over Wagner's Gap to Roseburg. rake Roote 849.,
turn right at Nllrserr, go approrlnaate17 one halt .ue,
tum right on Township Road T-350 to propert1.
A;pprax1ute17 2700' road frontage on Town8hip ROIId '1'-350
known as Peach Ridge Road.
Taxes a
AssesslDellt.
2380.00
County.
Twp.
School.
Total
24.99
5.95
52.36
183.30
School System would be West Perry.
Highest and Best Use Analysisl
Highest and best lise is defined 8S That use or land which 1118"
reasonabl1 be expected tp produce the greatest net return to
land OTer a given period.. or tiae. When estiaating highest and
best use, whether ,!acant or illproved, it i. illlPorHnt t.o consider
the zoning ot the property. the dellBnd tar euch propert7 USetl to
which the subject 1s adapted 8m availability ot properties or the
subject type. Aa .entioned, ther 18 no zoning in the area ot the
subject prope~o I considered the possible teasible uses that could
be .de or the property. My' invee1;1gation reTealed that !lOst or the
properties in the i_ediate area, are siailar in t;ype. HI' conclusion
is that the higheet. and beet uee of t.he IJUbjeet tract. is a. woodland.
2.
EXHIEIT "B-3"
Phon'e: 24:l-54:l6
MEL SPAHR AGENCY
Real Estate & Insurance
3501 Spring Road, (Carlisle Springs)
Carlisle, Pa. 17013
C<JotPARABT .11'$1
Grantor: Hart"J" P'uller
Grantees Paul J. SIlith
Location, Saville Township
Considerations $1500.00
Date of Transfer. J1D1e 8, 198)
Deed Reference. Vol. 336 Page 390
Deecript10nt 14.954 Acres of Woodland
Grantors Darlene M. Holl
Grantees Lee E. Raudabaugh
Locationt TJrone TCND8hip. (Adjacent to San1le Township)
Cansiderationa $20,000.00
Date or Transfer. NOYellber 1, 198)
Deed Reference. Vol. 344 Page S02
Descr1:ptloo. )7.14 Acres ot Woodland
Grantor. George L. BilluD
Grantees Stalftb8U~h'. .l1r Semea
Locat1cxu Southwest Madison Township
Consideratioru $90,000.00
Date ot Transter. Nov8llber 2, 198)
Deed Reterencet Vol. 345 Page 41
Deecript10nz 211 Acres or Woodland
Grantor. Doreen L. Koser
Grantee. Rick D. Reieinger
Loc.t1~u Jackson TOlmShlp (West ot Snille Twp.)
Considerationt $1,000.
Date ot Transfer. June 7, 198)
Deed Reterences Vol. 336 Page 399
DeSCr1.ptlolU 2.1.37 Acres ot woodland.
II! arrtn.ng at the Market Value ot this propertT, oonsideration wes given to
locatlCl1'1, topograpbJ', access to the tract of land and the P.P. & L Right-ot-way,
traversing through the approxiaate center ot this tract ot land, h.rtng a d8l'-
reciating effect em the tract of woodland.
3.
EXEIEIT "B-4-"
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MEL SPAHR AGENCY
Real Estate & Insurance
350J SprinJ: Road, (Carlisle Springs)
Carlisle, Pa. J7013
QU.u.IFIWIOUS
UPUUlliCE,
T lU.lil 00 I
A. R&ol l15tate 25 lears
B. Real E.tate Managenent. 2S years
C. Apprab1ng 25 leare
1. Veteran" J.dllinbtrat1on
2. Tederal Rou151ng Administration
). Co~onvealth ot Pennaylvania
L. General Appra1s1ng. Rea1dent1al, Farma & Commerc1al.
D. Expert W1tn888 I
1. Cumberland, Dauphin, Juniata & Perrr Count1es Board of V1e-w
2. Cu~berland, Dauphin! Jun1ata & Perrr Courts ot Conmoo Pleae.
3.. United States P'edera District Court, Harrisburg,. Pao
4. New foric Un1vera1 ty, Cert1ficate Buainesa Adm1nletration.
B. Univere1ty ot Tennenee - Real E15tate
C. Real Xl!Jtate Se.,inare
D. Maryland Imsurance School
MDl.BERSKIP I
A~erican Aa8oc1at1on ot Certit1ed Appra1aer.. CAS
Tri CountT Planning COltlI'd.lul1on
Chs1man ot M1ddlesex Tovn&hip Zoning Hearing Board
Vice Cha1nnan - M1ddleaex Township Planning Commiss1on
Car11e1e Area Induatrlal Devolopllent COl'llorat1oo
Licensed Real l!:3tato Broker No. RB 019808
UCer\e&d Ineurance Broker No. 1201200
C Ll f.}J T REF E:.Iml CES I .
Central Mortgage CocnpaDJ'", Harrlabarg, Pa.'
L~s & Nettleton Mortgage Co~ny, Houston, Texaa.
Advance Mortgage Compar\1, Detroit, M1chigan.
Virg1nia National Bank, Virginia
Colonial Mortgage Company, Reading, Pa.
G1raed Tra.t CO<<Jpal\Y, Ph11adelphia J Pa.
Carli~le Bldg. & Loan Aasociatioo, C.rliele~ P..
OTHER CJ...l.E2lTS,
Panns,ylvania General state AotDoritT
II F1.eh Comm1asion
" 0 aGl e C onun.1ll tl1 00
Carlisle Suburban Authority
South Middleton Township School Board
Indu strlee Li.ct. ted, New York
ExocutraM, Inc. New Yorle, N.Y.
Phillips Petroleum Co~panT, Columbus, Oh1o
Firat Pennsylvania Bank, Philadelphia, Pa.
Plus _ MaI'\1 Other Clients.
EX:'::IBIT "B- 5 II
AFFIDAVIT OF VALUE
COMMON~ffiALTH OF PENNSYLVANIA)
SS,
COUNTY OF CUMBERLAND
)
STEVEN D, BARRETT 1 being duly sworn accordinp to law1 deposes
and says1 as follows:
1. That he is a licensed real estate broker in the Comrnon-
wealth of Pennsylvania with offices at 124-126 North Hanover Street,
Carlisle1 Cumberland County, Pennsylvania.
2. That he is well acouainted with the premises situate in
Saville Township, Perry County, Pennsylvania 1 referenced in Perry
County Deed Book 174, Page 279, and with the value of real estate
in the vicinity of said premises.
3. That he has inspected said premises and is of the opinion
that $191500.00 is a full and fair price for the same; and under
all the circumstances 1 a better price thDn can be obtained at
public sale.
4. That he believes it would be in the best interest and
to the advantage of the minor to sell said uremises for any urice
equal to or exceeding said appraised value.
5. That deponent has no present or contemplated future
interest in the property appraised or the result of the appraisal.
=::-t=. {t/ ~ wr-f/
Steven W. Barrett .
WAYNE F. SHADE
Sworn to and subscribed
before~~.~h}s /7U day
of ~ ' 1984.
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/In I 9p...... EXHIB-l.T "C-l"
My Commission Expires ~. .Jf., / 0 \J
torn.lo, PA Cumberland CQUl'!ty
Attorney at Law
5 South Hanover Street
Carlisle. Pennsylvania 17013
Legal Description
Sale Price $
Actual Real Estate Taxes $
Lender/Client Wayne
Occupant vacant land
LAND APP~AISAL ~EPORT
Census Tract
Ma Reference
RORd
State
Loan Term
yrs Property Rights Appraised
, Fee
1 Leasehold ;"DeMinimis PUD
(yrl Loan charges to be paid by seller $ Other sales concessions
Shade, Attorney Address 5 South Hanover
Appraiser Steven W. Barret t Instructions to Appraiser
o Urban
o Over 75%
o Fully Dev. 0 Rapid
o Increasing
C Shortage
o Under 3 Mos.
Present Land Usel2..% 1 Family ~% 2..4 Family
~% Industnalj!i % Vacant
Change In Present Land Use ~ Not LI kely
I') From
o Suburban. ~ Rural
o 25% to 75% ~ Under 25%
o Steady :xi Slow
~ Stable [] Declining
~ In Balance C Over Supply
~ 4-6 Mos. [J Over 6 Mos.
~% Apts. ~% Condo~% Commercial
GU()r1
Employment Stability
Convenience to Employment
Convenience to Shopping
Convenience to Schools
Adequacy of Public Transpor,tation
Recreational Facilities
C
-"4 f"" Poor
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19 " 0
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~~ 0
~ [] D
=~ ~J 0
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[x] 0
){; D
x' 0
IX 0
~-,
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n
L..J
:J
[J
%
Predominant Occupancy
Slflgle Famll V Price Range
Slflgle Familv Age
$
[xi Owner [] Tenant
25,000 to$ 75,000
new vrs to 100 vrs
% Vacant
Adequacv of Utilities _._
Property Compatibility u
Protection from Detrimental Conditions:J
Police and F Ire ProtectIOn
o Likely (')
To
U Taking Place (')
Predomlflant Value $
Predominant Age
SO,OOO
50 yrs
General Appearance of Properties
A eal to Market
'-l
Comments Iflcluding those factors, favorable or unfavorable, affecting marketability (e.g. public parks, schools, view, noise)
amenities within 10 miles. No ublic trans ortation i
and huntin area.
See legal description
Zoning classification none
1S. fl4 ~Xor Acres 0 Corner Lot
Present Improvements IXldO[] do not conform to zoning regulations
Highest and beSl use ,:x; Present use
PubliC Other (Descn'",)
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'Other Ispeclfv)
OFF SITE IMPROVEMENTS
Topu
Size
Shape
lJ
[J
o
'Underground Elect & Tel
Street Access :x.: PubliC ~ Pnvate
Surface macadam/ gr avel
Maintenance: [] PubliC Pnvate
:J Storm Sewer f' Curb/Gutter
S,dewiJlk ! I Street Llqhts
View
Dralflage
Is the property located in a HUDldentified Special Flood Hazard Area71ilNo Dyes
(favorable or unfavordtJlf! Irlc!u(ltnq i.IIlY dPPdll!llt ~j(IVt~r~e l.'jJ~t~n1ent~). encroilchrnent~ or other adverse conditions)
Wooded site. PP&L right-of-way crossing throu h tract havin
site usage.
on view and
. DEFINITION OF MARKET VALUE: The highest price in .te~ms Qf money which a property will bring in a competitjve and
open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and
assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified
date and the passing of title from seller to buyer under conditions whereby: (I) buyer and seller are typically motivated;
(2) both parties are well informed or well advised, and each acting in what he considers his own best interest; (3) a reasonable
time is allowed for exposure in the open market; (4) payment is made in cash or its equivalent; (5) financing, if any, is on
terms generally available in the community at the specified date and typical for the property type in its locale; (6) the price
represents a normal cOfi9ideration for the property sold unaffected by special financing amounts and/or terms, services, fees,
costs, or credits incurred in the transaction. ("Real Estate Appraisal Terminology," published 1975.)
CERTlFICA TlON AND STATEMENT OF LIMITING CONDITIONS
CERTIFICATION: The Appraiser certifies and agrees that:
I. The Appraiser has no present or contemplated future interest in the property appraised; and neither the employment to
make the appraisal, nor the compensation for it, is contingent upon the appraised value of the property.
2. The Appraiser has no personal interest in or bias with respect to the subject matter of the appraisal report or the partici-
pants to the sale. The "Estimate of Market Value" in the appraisal report is not based in whole or in part upon the race, color,
or national origin of the prospective owners or occupants of the property appraised, or upon the race, color or national origin
of the present owners or occupants of the properties in the vicinity of the property appraised.
3. The Appraiser has personally inspected the property, both inside and out, and has made an exterior inspection of all
comparable sales listed in the report. To the best of the Appraiser's knowledge and belief, all statements and information in
this report are true and correct, and the Appraiser has not knowingly withheld any significant information.
4. All contingent and limiting conditions are contained herein (imposed by the terms of the assignment or by the under-
signed affecting the analyses, opinions, and conclusions contained in the report).
5. This appraisal report has been made in conformity with and is subject to the requirements of the Code of Professional
Ethics and Standards of Professional Conduct of the appraisal organizations with which the Appraiser is affiliated.
6. All conclusions and opinions concerning the real estate that are set forth in the appraisal report were prepared by the
Appraiser whose signature appears on the appraisal report, unless indicated as "Review Appraiser." No change of any item in
the appraisal report shall be made by anyone other than the Appraiser, and the Appraiser shall have no responsibility for any
such unauthorized change.
CONTINGENT AND LIMITING CONDITIONS: The certification of the Appraiser appearing in the appraisal report is subject
to the following conditions and to such other specific and limiting conditions as are set forth by the Appraiser in the report.
I. The Appraiser assumes no responsibility for matters of a legal nature affecting the property appraised or the title there-
to, nor does the Appraiser render any opinion as to the title, which is assumed to be good and marketable. The property is
appraised as though under responsible ownership.
2. Any sketch in the report may show approximate dimensions and is included to assist the reader in visualizing the prop-
erty. The Appraiser has made no survey of the property.
3. The Appraiser is not required to give testimony or appear in court because of having made the appraisal with reference
to the property in question, unless arrangements have been previously made therefor.
4. AIl}ilstribution of the valuation in the report between land and improvements applies only under the existing program
of utilization. The separate valuations for land and building must not be used in conjunction with any other appraisal and are
invalid if so used.
5. The Appraiser assumes that there are no hidden or unapparent conditions of the property, subsoil, or structures, which
would render it more or less valuable. The Appraiser assumes no responsibility for such conditions, or for engineering which
George L. Ebener & Associates, Realtors
139 WEST HIGH STREE"f.,'CAALlSLE, PENNSYLVANIA
TELEPHONE: 243-6195
AGREEMENT OF SALE
AGREEMENTmadethis ................... .Z.e:th.................................... day of '" r.~~~..... 19~.~... WITNESSETH:
That .....C L A RI:\. . 13. U. RN.H l. SJJ.. . ~ S. T.JU ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(hereafter called Seller) A.ddres;;,.
agree to sell to ., ~.O.N.~~.~.. .~.~... .~.~~... .I?~.A~~~.. .~.~. .~~.~.~~.. ~.':l.~.. ~~.'?~.. ~ .... .a.r:'.~.. ~.~.R~~.Y.N.. ~ .... P~~~.~.~..
m
REALTOR
(hereafter called Buyer)
Address
the following described real estate
Located in Saville Township, Perry County, Pa. alongT-350 and T-348,
and containing approx. 35.64 Acres.
............................................ .1. ?~.~..~. ~.9.~.. ~??.................................................................
(Reference I \Deedbook) (Volume) (Pagel
This Sale Includes:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . rh.~ ~ . . S.l:I.~ ~ . . i.~. . .~ ~ ~ J~.~.~ . . ~.l? . .~ ~~. ~.~. . ~ p p.r.C?.v. ~~. ~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sale was brought about through the
efforts of .. .~Qn;;l.l.q. .1,...,.. Ma h.;;ln.,.. .~.. .l.i c~.n~.ed. .Re.a.lt 0.1.'.. .and. .o.r:l.e.. P.f.. .th~. .P.lJ.I:Ch.;;l.fH~ r.s.. h~r.e.in,.,
upon the terms and conditions hereafter set forth:
1. PRICE: ............................................................................
(Al DepOSit - at signing this agreement
\H) Additional Deposit due on or before the
(C) Balance due in cash at settlement. . . . . . . . . . . .
. . . . . . .. .1$ .19. ,.6.00 ...Q.a to be paid as follows:
$ .20DO ...0.0.. by.. NDte....
.....Q.........................
. . .1.? .,. P. O.Q. ~ Po.. . . . . . . . . . . .
Total price $ . . .1.9.,. 6. 0.0., Q O. . . . . . . . . . . . .
2. FINANCING: This agreement is .....c. is not .).... conditioned upon buyers obtaining mortgage financing as follows:
Mortgage principal amount $........................ type ........................ minimum term ........................ maximum
interest rate ......................... Terminal date for obtaining mortgage committment ................................................
This contract is null and void if financing is not obtained by this date.
Broker will advise buyers of possible sources of mortgage funds, but cannot assume responsibility for obtaining buyers' mortgage. Buyers will co-
operate fully with Agent afld Lender to obtain financing. . d . h
Additional Financing Information.. The.. N.ote.. .abDye.. me nti.one d. .1eI.ill. .b.e.. pa.~.... ;lJl. .~.~~... .~P9~...........
.a!?l?~p~~.':l.c~. .l?.f.. ~~.i.~.. ~9r.~.elllE3~.~.. .t~Y. .~.~.~.~E:~.~.................................................................
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. MUNICIPAL IMPROVEMENTS: Sellers have no notice of municipal improvements (such as sidewalks, curbs, water, sewer, etc.) except
...................................................... '.' ......................... .......................................................
4. ADJUSTMENTS AT SElvfLEMENT: Taxes, water, rent and all other annual claims and charges upon the above described premises shall be
apportioned at the time of settlement. Purchase price includes fuel oil remaining in tank at time of settlement.
5. TRANSFER TAXES: All realty transfer taxes shall be paid one-half by buyer and one-half by seller unless otherwise stated ................
................ .................... ....................................... ................. .................. ............ .... .........
6. SETTLEMENT: Settlement to be made on or before .......u pO n . .CO u r. t. . .a p p r.Q.v a 1.. . . ..
Upon the failure of buyers to pay purchase money in full on or before the set time for settlement, all monies paid and notes or checks made
pursuant to paragraph 1. (Al & (B) above by buyers may be retained by sellers at their option, as liquidated damages.
7. POSSESSION: Possession is to be delivered at settlement, unless otherwise stated ......................................................
8. RISK OF LOSS: It is the responsibility of the Sellers to carry fire and casualty insurance until date of settlement and to maintain the property
structurally and substantially to date of settlement.
9. TITLE: Seller promises to convey clear of all liens and encumbrances with a properly drawn and executed deed of general warrenty.
10. AGENCY: Broker is acting as Agent only and in no case whatsoever will be held liable to either party for the performance, or non-perfor-
mance of any term or covenant of this agreement.
11. COPY: A copy of this contract and the Buyers payments shall be held in ESCROW account for the mutual benefit of the parties concerned
until settlement is made.
12. CO-BROKE: If a sale by Co-Broker, name of agency. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13. ADDITIONAL AGREEMENTS: .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.............. ............ ........................ ......... .... ............. .................. ...... ............ ... ....................
............... ..................... ......... ..... .... .............. ............ ............. ...........................................
................................. ........ ...... ... ........ ... .......... ............................ ....... .............................
14. GOVERNMENT REGULATIONS: Seller certifies: (1) that the real estate which is the subject of this Agreement is located in the district
classified as; (2) that the existing use of said premises is legally permitted; (3) that owner has received no notice of any uncorrected violation of the
housing, building, safety, or fire ordinances pertaining to said premises; (4) and at settlement owner will deliver certificates to this effect from the
appropriate municipal officer to the buyer, if required by law to do so pursuant to Act 89 of June 23, 1976
15. This Agreement shall be binding to the heirs, executors, administrators and assigns of the respective parties hereto.
IN WITNESS WHEREOF, THE SAID PARTIES HAVE HEREUNTO ~d?' ~~
~. ~.~:'y',,-:.-.~.,.-:'.. .C'. .-)?(c,../!Lk1-~....................
~:::::bYapp~v.~.a~v. .~""a~".. ........... ............ ~:::'rJ1t;ff~...."..".".......
.....~r.E~.I.. .
WITNESS....................................................... (.S~I~~~W~. '~~/'
(Seller)
Buyers Attorney .................................................. Sellers Attorney ..................................................
Dated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(NAMEi
INAME)
Sellers Insurance Co. & Agent .....................................
INAMEI
EXHIBIT "D"
-----. ."-...
..
II
PO\~R OF ATTORNEY TO SELL REAL ESTATE
AND DISTRIBUTE PROCEEDS
KNOW ALL HEN BY THESE PRESENTS, That We, ELSIE I. MILLER,
ANET S. BENNER, FRANK E. COMP, WANDA M. WOLFE and MICHAEL J. MORRIS
Y RUTH E. MORRIS, his parent and legal guardian, the foregoing
eing the heirs-at-Iaw of Frank L. Bernhisel, also known as Frank L. .
urnhisel, Deceased, and the testamentary legatees of Clara Comp
urnhisel, have made, constituted, and appointed, and by these
resents do make, constitute and appoint Wayne F. Shade, Esquire,
ive South Hanover Street, Carlisle, Pennsylvania, our true and
lawful attorney, for us, and in our names, places and steads, to
enter into and take possession of all such messuages, lands,
tenements, hereditaments, and real estate whatever, more particularl
ounded and described in Perry County Deed Book 174, Page 279, and
178, Page 272, to or in which we are or may be in any way entitled
or interested; and to grant, bargain, and sell the same, or any
part or parcel thereof, for such sum or price and on such terms as
to him shall seem meet; and for us and in our names to make, execute,
acknowledge and deliver good and sufficient deeds and conveyances
I
for the same, either with or without covenants and warranties; and
to ask, demand, recover and receive all sums of money which shall
become due and payable to us by means of such bargain or sale, and
Ito compound and agree for the same, and to execute and deliver
sufficient discharges and acquittances therefor; and giving and
granting unto our said attorney full power to do and perform all
and every act and thing whatsoever requisite and necessary to be
WAYNE F. SHAIJE
Attorney at Law
done in and about the premises, as fully to all intents and
5 South Hanover Street
arUl1e, Pennly1vanl. 17013
EXEIBIT "E-l"
\
.' '
urposes as we might or could do, if personally present; and to
ake distribution to or in behalf of us of our respective shares
f the receipts thereof; hereby ratifying and confirming all that
attorney shall lawfully do or cause to be done by virtue
IN WITNESS WHEREOF, we do hereby set our hands and seals this
:/I~ day of a..AM^-L- , 1982.
Signed, Sealed and Delivered
in the Presence of
C,LJ~~
Elsie I. Mi er
(SEAL)
~e.Q~~
~net ~. Benner
(SEAL)
~./~ E~
Frank E. Comp
(SEAL)
l
~:
~ ~~ ~,,\ lJ0~
Wanda M. Wolfe
(SEAL)
MICHAEL ~. MORRIS
By II uJ!I (. If!/~
Parent and Legal Guardian
(SEAL)
W,\ YNE F. SHADE
Attorney at Law
South Hanover Street
lole, Penno,,\vonio 17013
'1
- L. --
EXHIBIT "E;-2"
. I
l
.' '
OMMONWEALTH OF PENNSYLVANIA)
bOUNTY OF CUMBERLAND )
On this, the~day of S::U/lf~
undersigned officer, perSO~llY appeared
SS.
, 1982, before me,
he
Elsie 1. Miller,
anet S. Benner, Frank E. Comp, Wanda t1. Wolfe, and Ruth E. Morris,
arent and legal guardian for Michael J. Morris, known to me (or
satisfactorily proven) to be the persons whose names are subscribed
to the foregoing Power of Attorney, and acknowledged that they
executed the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
CONNIE R. SHULTZ, Notary Public
om mission ExpiresQ:1/,28; /t;f;'j-
Carlisle, PA C..mberland County
WAYNE F. SH!\DE
Attorney at Law
5 South Hanover Street
:arlhle, Pennsylvania 17013
EXHIBIT "E-3"
IN RE: ESTATE OF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
CLARA E. BURNHISEL, also known
as CLARA E. COMP, DECEASED
LATE OF THE BOROUGH OF CARLISLE,
Cill1BERLAND COUNTY, PENNSYLVANIA
NO. 21-78-590
ORDER OF COURT
.) .. r tl ^ \
AND NOI.v, this-L~ . day of f'\ J' .. '-..'-
, 1984, upon considera
tion of the within Petition and upon motion of Hayne F. Shade,
Esquire, Attorney for Petitioners, the Court being of the opinion
that the proposed sale will be in the best interests and advantage
of the minor as well as necessary for payment of the obligations of
the Estate of Clara E. Burnhisel, also known as Clara E. Comp,
Deceased, and that $1.9,600.00 is a better price for the premises
than can be obtained at public sale, Ruth E. Morris, parent of the
said minor child, Michael J. Morris, is authorized upon receipt of
the minor's share of the purchase money by Wayne F, Shade, Esquire,
to join in the private sale and conveyance to Ronald L. Mahan,
DeannaE. Maha~Eddy B. Dasher and Carolyn J. Dasher, their heirs and
assigns, of the following described real estate premises:
ALL THAT CERTAIN piece or parcel of ground situe.te in
Saville Township, Perry County, Pennsylvania, more particularly
bounded and described according to the survey of Thomas L. Palm,
R.S., dated March 13, 1981, as follows:
BEGINNING at a point in the center of Township Road 350 at
lands now or formerly of Arthur Allen, Jr., thence in said Township
Road and along said lands the following courses and distances:
WAYNE F. SHADE
Attorney at Law
5 South Hanover Street
Carlisle. Pennsylvania 17013
LI.,..',JI\
...L..i.._t rkU[
'. .1
'...hJ t:..
South 2 degrees 50 minutes 09 seconds East 642.60
feet; South 1 degree 35 minutes 09 seconds East 398.04 feet; and
South 9 degrees 39 minutes 52 seconds West 251.26 feet; thence
along said lands and through an iron pin set off 33.93 feet South
50 degrees 14 minutes 53 seconds East 222.35 feet to a marked pine;
South 14 degrees 29 minutes 53 seconds East 199.86 feet across a
twenty (20) feet wide right-of-way to an iron pin found; South 24
degrees 22 minutes 22 seconds West 162.52 feet to an iron pin found
at a second twenty (20) feet wide right-of-way; South 26 degrees
14 minutes 32 seconds East 138.42 feet along said second right-of-w y
to a nail in a marked white oak; South 25 degrees 18 minutes 27
seconds West 168.43 feet across said second right-of-way to an iron
pin found; South 72 degrees 11 minutes 15 seconds West 298.38 feet
to an iron pin in a fallen marked locust; South 27 degrees 09 minut s
05 seconds West 86.79 feet to a marked red oak; and South 46 de~ree
10 minutes 32 seconds West 334.67 feet across a third twenty (20)
feet wide right-of-way to an iron pin found at lands now or for-
mer1y of David Hoover and others; thence along said lands the
following courses and distances: North 46 degrees 31 minutes 24
seconds West 404.15 feet through an iron pin set in a cherry stump
31.80 feet from a point in the center of said Township Road 350;
along the center line of said Township Road North 44 degrees 30
minutes 55 seconds East 395.84 feet to a point in the center line
of said Township Road; North 38 degrees 44 minutes 02 seconds West
331.97 feet through an iron pin set 19.71 feet from the center 1in
of said Township Road to an iron pin set; North 25 degrees 58 I!1in-
WAYNE F. SHADE
Attorney at Law
5 South Hanover Street
Carlisle. Pennsylvania 17013
utes 32 seconds East 359.78 feet to an iron pin set at a private
. ,~ 1 ("i. .l
L:,),', _l_L.1_ F;~Gr. uv0
, .
road; and North 11 degrees 23 minutes 04 seconds West 1362.05 feet
across said private road to an iron pin set in Township Road 348
at a corner of lands now or formerly of E. M. Brown; thence along
said lands now or formerly of E. M. Brown North 88 degrees 04
minutes 25 seconds East 237.75 feet to an iron pin found at the
corner of said lands now or formerly of E. M. Brown and lands now
or formerly of James Swartz; thence along said lands now or former1
of James Swartz North 88 degrees 04 minutes 25 seconds East 228.73
feet to an iron pin in a pine stump; thence continuing along same
South 81 degrees 00 minutes 26 seconds East 293.53 feet through an
iron pin set 25.00 feet from a point in the center line of said
Township Road 350, the Place of BEGINNING. CONTAINING 35.64 Acres.
The title transferred to the purchasers shall be indefeasible
by any person ascertained or unascertained or any class of persons
having a present or expected interest in the premises and unpreju-
diced by any error in the proceedings of the Court.
By the Court,
Jj O-,-,,~ I [~~
SI,-c'!3-
. J.
WAYNE F. SHADE
pr. '
vUv,\
.,
~ll~t 1<~G[
'r: cr.. ,.t(
,':'../.1
Attorney at Law
5 South Hanover Street
Carlisle. Pennsylvania 17013