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F. \FILES\DA T AFILE\General\Current\ 11145.2. motiontostrikeorvacateelectiveshare
Created 6/9/06 JOJ4AM
Revised 7/11/06 328PM
IN RE: : IN THE COURT OF COMMON PLEAS OF
EST A TE OF LINWOOD B. PHILLIPS, JR.,: CUMBERLAND COUNTY, PENNSYLVANIA
Deceased,
ALICE R. PHILLIPS,
Petitioner
: ORPHANS' COURT DIVISION
. )
()
f_
v.
: NO. 21-06-0122
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ROBERT G. FREY,
Respondent
[,',J
EXECUTOR'S PETITION TO VACATE
SPOUSE'S ELECTION TO TAKE AGAINST THE WILL
AND NOW, comes Robert G. Frey, Executor ofthe Estate of Linwood B. Phillips, Jr., deceased,
by and through his attorneys, MAR TSON DEARDORFF WILLIAMS & OTTO, and hereby moves that
this Court vacate Alice R. Phillips's election to take against the will, and in support thereof, avers as
follows:
1. Alice R. Phillips (hereinafter "Petitioner"), is an adult individual residing at 93 Encks Mill
Road, Carlisle, Cumberland County, Pennsylvania 17013, and is the surviving spouse of decedent,
Linwood B. Phillips, Jr. (hereinafter "Decedent"), who died on February 2,2006.
2. Robert G. Frey (hereinafter "Respondent") was appointed as executor under Decedent's
Will and was issued a Grant of Letters on or about February 8, 2006. A true and accurate copy of
Decedent's Will and incorporated Codicils, which were probated by the Cumberland County Register of
Wills on or about February 8, 2006, are attached hereto as Exhibit "A."
3. Petitioner filed an "Election Against Will and Conveyance" on June 22, 2006, with the
Cumberland County Register of Wills, attempting to exercise her rights pursuant to 20 Pa. C. S.A. S 2201,
et. seq (relating to a surviving spouse's right to elect against a will). A true and accurate copy of the
Election is attached hereto as Exhibit "B."
4. Petitioner has filed no contrary elections to Decedent's estate.
S. Decedent's estate, subj ect to election, includes various personal and real property in the
Commonwealth of Pennsylvania. Because a number of appraisals are still ongoing, the actual value of the
estate is still unknown.
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6. Under Pennsylvania law, a surviving spouse can waive her right to elect, either wholly or
partially, before or after the marriage or before or after the death of the decedent. See 20 Pa.C.S.A. S
2207.
7. Respondent, in the instant case, objects to Petitioner's election against the Will, because
Petitioner clearly waived her right to elect against Decedent's Will when she entered into a valid Pre-
Nuptial Agreement with Decedent. See Kester v. Kester, 486 Pa. 349 (1979).
8. Petitioner actually signed identical copies of the Prenuptial Agreement twice. True and
accurate copies of these identical Prenuptial Agreements that Petitioner signed are attached hereto as
Exhibits "c" and "D."
9. The following are parties-of-interest to the estate.]
Alice R. Phillips
93 Encks Mill Road
Carlisle, P A 17013
Surviving Spouse
Linda L. Stull
2261 Walnut Bottom Road
Carlisle, P A 17013
Daughter
Linwood B. Phillips, III
1530 Centerville Road
Newville, P A 17241
Son
Merle R. Phillips
938 Rockledge Drive
Carlisle, P A 17013
Son
Walter Allen Phillips
2261 Walnut Bottom Road
Carlisle, P A 17013
Son
I Note: the interested parties' relationship to the Decedent is indicated in italics below the
address of the person.
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10. Under Decedent's Will and incorporated Codicils, Petitioner is left income from a trust,
which is worth about two million dollars, and a life estate in their residence. Decedent's children share the
remainder of the estate in equal 114 shares.
11. The following parties have consented to the vacating of the election: Merle R. Phillips and
Walter Allen Phillips. The Consents and Joinder of these individuals are attached hereto as Exhibit "E."
The Consents and Joinder of Linda Stull and Linwood B. Phillips, III, who are represented by Hubert
Gilroy, Esquire, are believed to be forthcoming.
WHEREFORE, Respondent, Robert G. Frey, Executor of the Estate of Linwood B. Phillips,
requests that this Honorable Court issue a citation against all the interested parties to show cause why
Petitioner's election to take against the Will should not be vacated.
Respectfully Submitted,
MARTSON DEARDORFF WILLIAMS & OTTO
By 11(1J jAcL/(,{A.M
Ivo V. Otto, III
Attorney J.D. No. 27763
Michael 1. Collins
Attorney J.D. No. 200427
10 East High Street
Carlisle, PAl 70 13
(717) 243-3341
Date: July \\ , 2006
Attorneys for Respondent
j
f
LAST WILL AND TESTAMENT
OF
LINWOOD B. PHILLIPS, JR.
I, LINWOOD B. PHILLIPS, JR., of Dickinson Township (mailing address: 93 Encks
Mill Road, Carli6le, Pennsylvania 17013), Cumberland County, Pennsylvania, being of sound
and disposing mind, memory and understanding, do hereby make, publish and declare this as and
for my Last Will and Testament hereby revoking and making void any and all Wills by me at any
time heretofore made.
~
1. I direct my hereinafter named Executor or Executrix to pay all of my just debts and
funeral expenses as Soon after my death as may be found convenient to do so. I further direct
that my funeral services be conducted by Ewing Brothers Funeral Home, 630 South Hanover
Street, Carlisle, Pennsylvania in a manner substantially similar to the arrangements which I made
for my wife Edna Lucille Phillips and that my body be interred beside her grave on my burial lot
in Cumberland VaHey Memorial Gardens located along Governor Ritner Highway near the
Borough of Carlisle, Pennsylvania. I further direct that on Lot 8C- I the same shall be reserved
for the burial of my wife, Alice Renee Phillips, her body to be located at the head of my body
and a headstone placed there substantially the same as the headstone marker at my grave.
2. I direct that all inheritance, transfer, succession, estate and death taxes which may be
payable on account of my death shall be payable from the assets which give rise to such taxes
and charged to the person or persons receiving the assets.
3. I give, devise, and bequeath to my hereinafter Trustee, his successors and assigns, in
trust, the maximum amount which will qualify for the unified credit for federal estate tax which
is presently $1,000,000.00 and scheduled to reach $3,500,000.00, to be divided into equal shares
for each of my four children who are LINDA L. STULL, LINWOOD B. PHILLIPS, III, MERLE
R. PIDLLIPS AND ALLEN W. PHILLIPS, provided each one so sharing shall survive me by a
period of ninety (90) days, but should any of them fail to so survive me then the provision for
such deceased child shall lapse unless such deceased child shall have legitimate issue as
hereinafter defined who shall survive me by a period of ninety (90) days, in which case the
provisions for the deceased child of mine shall be divided between or among such legitimate
issue, per stirpes. The share allocated for each child of mine as above provided shall be invested
by my hereinafter named Trustee and each child of mine shall receive from income and principal
the sum of at least $12,00g..00 per year or each child's share of the income, whichever shall be
greater. If the amount allocated for each child of mine shall be invested in any mutual fund or
funds, my Trustee is authorized and directed to allocate any ordinary income distributions and
any capital gain distributions partly or wholly to principal or to distributable income as the
Trustee shall deem best. Upon the death of the child of mine for whom the share has been
allocated, any balance remaining in that child's share shall be paid to his or her legitimate issue
as hereinafter defined who shall survive that child, per stirpes, and if there be no such legitimate
issue as hereinafter defined, then the same shall be added to the shares of my other children. If
one or more of the other shares have been distributed to the issue of that child for whom such
share was held, then the amount which would have been added to such share shall be distributed
to the then living legitimate issue as hereinafter defmed of the child of mine whose share had
been distributed.
The meaning of "legitimate issue" as used above shall be limited to a child or children
whether legitimate of not who were born to a female descendant of Testator, and shall be limited
to a child or children born to a male descendant of Testator where the father of such child or
children was married to the mother either before or after the birth of such child or children. In
any case, the meaning of "child" or "children" or "legitimate issue" as used above shall not
include any adopted child or children.
No title in any Trust hereby created, or in tfie-.income accruing therefrom, or in its
accumulation, shall vest in any beneficiary and no beneficiary shall have the right or power to
transfer, assign, anticipate or encumber his or her interest in said Trust, or the income therefrom
prior to the actual distribution thereof by the Trustees to such beneficiary. Further, neither the
income nor the principal of said Trust shall be liable in any manner, in the possession of the
Trustees, for the debts, contracts or engagements of any of the beneficiaries.
Page 1 of 4 Pages
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4. If at the time of my death I am married to Alice R. Phillips and if she survives me, I
give, devise, and bequeath to my hereinafter named Trustee, his Successors and assigns, in Trust,
my residence at 93 Encks Mill Road in Dickinson Township in Cumberland County,
Pennsylvania, together with its curtiledge and in addition the duplex dwelling house adjacent
thereto, and a garden house and garage building but not the various farm buildings and acreage,
together with the sum of $2,000,000.00, (Two Million Dollars) the income from which shall be
used for the benefit of my wife, ALlCElt. PffiLLIPS, she to have the right to occupy the
principal residence and the income to be used to pay real estate taxes and hazard insurance with
appropriate limits of coverage, make alii necessary repairs and maintain both the buildings and
grounds, and the income in excess of that required for these ptrrposes shall be paid at regular
intervals, at least annually, to or for the benefit of my wife Alice R. Phillips. Upon the death of
my wife, Alice R. Phillips, the assets of this Trust shall be retained by my hereinafter named
Trustee, his successors and assigns, in Trust and the income and principal distributed as provided
in the Trust established in paragraph no. 3 hereinabove.
I direct my Executor to elect under Internal Revenue Code Section 2056 to qualify this
Trust set forth in paragraph no. 4 above for the Federal Estate Tax marital deduction, limited,
however to those assets which otherwise would qualify for the marital deduction if transferred to
my wife, Alice R. Phillips and to elect to have this Trust treated as a qualified terminable interest
Trust (QTIP).
5. All of the rest, residue and remainder of my Estate, real, personal and mixed, and
wheresoever the same may be situate, I give, devise and bequeath to my hereinafter named
Trustee, his successors and assigns, in Trust as a separate Trust to be held by him for the benefit
of my four children as provided in paragraph no. 3 above, and the income and principal of this
Trust shall be held and distributed in the same manner as provided in said paragraph number 3
above. Should the Trustee find it necessary or desirable to combine the assets of this Trust with
the assets of the Trust provided in paragraph number 3 above if such combining is advantageous
to the operation of the Trust and its beneficiaries.
6. Any share or portion of a share of any Trust created hereunder, or any other property
of mine that is not disposed of under any other provision of this Will, shall go and be distributed
to the persons who Would constitute my heirs-at-law had I died ninety (90) days after my actual
date of death, intestate and unmarried.
7. If my wife and I should die under such circumstances that the order of our deaths
cannot be established by proof, it shall be presumed that my wife survived me.
8. I hereby nominate, constitute and appoint my friend's son, ROBERT G. FREY as
Executor of this my Last Will and Testament, but should he predecease me or fail to qualify or
cease serving as such, then in such event I nominate, constitute and appoint my daughter LINDA
A. STULL as alternate or successor Executrix and I further direct that neither of them shall be
required to post any bond to secure the faithful perfonnance of his or her duties in the
Commonwealth of Pennsylvania or in any other jurisdiction.
9. I hereby nominate, constitute, and appoint my friend's son ROBERT G. FREY as
Trustee of all the Trusts hereinbefore set forth. The compensation of said Trustee and of his "
successors, shall be limited to a total of one-half of 1 % of the value of the corpus of the Trust
calculated annually as of December 31st of the immediately preceding year. In any year in
which said Trustee declines or fails to accept compensation, the same shall be deemed waived
and shall not be accumulated for payment in a future year,
10. In addition to the powers conferred by law, my hereinbefore named Executor and
Trustee, and his successors, are empowered:
a. To invest any part of the trust corpus in such securities, investments, or other
property as may be deemed advisable and proper, irrespective of whether the same are
authorized for the investment of trust funds under the laws of any governing jurisdiction.
Page 2 of 4 Pages
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. b. With respect to any corporation, the stocks, bonds, or other securities of which
may be held, to vote in person or by proxy on ~y shares of stock; to con~ent to the ~erger,
consolidation or reorganization of such corporatIons; to consent to the leasmg, mortgagmg or
sale of the property of any such corporations; to make any surrender, exchange or substitution of
such stocks, bonds or other securities as an incident to the merger, consolidation or
reorganization of such corporations; to pay all assessments, subscriptions and other sums of
money which may be deemed wise and expedient for the protection and maintenance of the
proportionate interest of the investment in s~ corporations; to exercise any option or privilege
which may be conferred upon the holders of such stocks, bonds, or other securities of such
corporations either for the conversion of~the same into other securities or for the purchase of
additional securities, and to make any and all necessary payments which may be required in
connection therewith; and generally to have and exercise as to all such stocks, bonds and other
securities, the powers of an individual owner who is not under trust obligation.
c. To hold the trust corpus in one or more consolidated funds in which separate
shares shall have undivided interests.
d. To sell at public or private sale for cash or upon credi~ or partly for cash and
partly on credit, and Upon such tenns and conditions as shall be deemed proper, any part or parts
of my estate or the trust estate, and no purchaser at any such sale shall be bound to inquire into
the expediency or propriety of any such sale or to see to the application of the purchase moneys
arising therefrom.
e. To keep on hand and uninvested such money as may be deemed proper and for
such period as may be found expedient.
f. To compromise, settle or arbitrate any claim or demand in favor of or against my
estate or the trust estate.
g. And authorized in the discharge of fiduciary duties, to employ counsel and to
determine and to pay such counsel reasonable compensation which shall be charged against the
principal or income of the trust fund, and shall further be entitled to charge against the principal
or income such other reasonable expenses and charges as may be necessary and proper to incur
for the proper discharge of fiduciary duties and for the proper management and administration of
the trust estate.
h. In making any division of property into shares for the PUIpose of any distribution
thereof directed by the provisions of the trust, to make such division or distribution, either in
cash or in kind, or partly in cash and partly in kind, as shall be deemed most expedient, and in
making any division or distribution in kind may allot any specific security or property or any
undivided interest therein to anyone or more of such shares, and to that end may appraise any or
all of the property so to be allotted and the judgment as to the propriety of such allotment and as
to the relative value for purposes of distribution of the securities or property so allotted shall be
final and conclusive upon all persons interested in the trust or in the division or distribution
thereof.
i. And authorized to register any shares of stock or other assets of any trust in their
own names or in the name of a nominee.
j. To retain and invest in shares of stock of my Trustee.
k. To retain any investments including mutual funds which I may own at the time of
my death and in addition to invest any part of the Trust corpus in such mutual fund or mutual
funds as may be deemed advisable or proper, irrespective of whether the same are authorized for
the investment of trust funds under the laws of any governing jurisdiction.
1. To determine from time to time whether all or some portion of realized capital
gains shall be treated as ordinary income for distribution to a beneficiary or treated as principal
to be retained as part of the corpus, and such designation need not be consistent from one year to
another.
Page 3 of 4 Pages
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IN WITNESS WHEREOF, I ha~e~ere to set nv 1;nd _and s~al to tl).is my Last Will and
Testament written on three (3) pages, thl ayof 7 nt{J2/J!r2Gfjj:
Clca5
~~~ /3dP';'~h (SEAL)
Linwood B. Phillips, Jr.
"'
Signed, sealed, published, and declared by LINWOOD B. PHILLIPS, JR., the Testator
above named, as and for his Last Will and Testament, in our presence, who, in his presence, at
his request, and in the presence of each other, have hereunto subscribed our names as attesting
witnesses.
fI:/J!~:! J3~~
Page 4 of 4 Pages
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FIRST CODICIL TO LAST WILL AND
TESTAMENT OF LINWOOD B. PIDLLIPS, .jR
DATED MARCH 3.2005
..,
I, LINWOOD B. PHILLIPS, JR., of Dickinson Township (mailing address: 93 Encks
Mill Road, Carlisle, PA 17013), Cumberland County, Pennsylvania, being of sound and
disposing mind, memory and understanding, do hereby make, publish, and declare this as
and for a First Codicil to my Last Will and Testament dated March 3, 2005.
4. I hereby revoke in its entirety paragraph number four (4) of said Last Will
and Testament dated March 3, 2005, and substitute therefore the following:
If at the time of my death I am married to Alice R. Phillips and if she survives me,
I give devise and bequeath to my Trustee named in paragraph number eight (8) of said
Last Will and Testament, his successors and assigns, whatever dwelling house and lot of
ground (may have hereafter had constructed or acquired, it being my intention to have
constructed a dwelling house on one of my lots located in the Subdivision known as
Clarendon, in Dickinson Township, Cumberland County, Pennsylvania, which house and
lot of ground shaH be used for the benefit of my wife, Alice R. PhiIJips, she to have a life
estate in the same so long as she shall live, and in addition, I give devise and bequeath to
said Trustee the sum of $2,000,000.00 in trust, the income from which or 5% of the
principal thereof as of December 31st of the year preceding the year of distribution to her,
whichever shall be larger, which shall be used for the benefit of my wife, Alice R.
Phillips, so long as she shall live, she to have the right to occupy said house and lot of
land and said income shall be used to pay real estate taxes and hazard insurance with
appropriate limits of coverage, and for the making of all necessary repairs and
maintenance of the buildings and land, and the income in excess of that required for these
purposes shaH be paid to her or for her benefit at regular intervals, at least annually.
Upon the death of my wife Alice R. Phillips, the assets of this trust shaH be retained by
my said Trustee, his successors and assigns, in trust, and the income and principal
distributed as provided in the trust established in paragraph number three (3) of my said
Last Will and Testament dated March 3, 2005. In the event that I have not constructed a
dwelling house on one of my lots in Clarendon, Dickinson Township, Cumberland .'
County, Pennsylvania, then I direct my Executor to do so for use by my wife, or to
acquire a suitable dwelling elsewhere in which she shall have a life estate, cost of which
shall not exceed $300,000.00 if a new house is constructed or $350,000.00 if a house and
lot are purchased, which shall be in addition to the $2,000,000.00 to be held in trust as
above provided.
I direct my Executor to elect under Internal Revenue Code Section 2056 to
qualify this trust as set forth in this paragraph number four (4) above for the Federal
Estate Tax Marital Deduction, limited, however, to those assets which otherwise would
First Codicil to Last Will and Testament of
Linwood B. Phillips, Jr,
Page I of2
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qualify for the marital deduction if transferred to my wife Alice R. Phillips and to elect to
have this trust treated as a Qualified Terminable Interest Trust (QTIP).
Except as hereinabove provided, I hereby ratify and affirm the provisions of my
said Last Will and Testament dated March 3, 2005.
"
IN WITNESS WHEREOF, I have hereunto set my hand and seaI.~ First
~ast Will and Testament, dated March 3, 2005, on this I day of
~ ,2005.
\
~A~~~ -.,L
LINWOOD B. PHILLIPS, JR. u
(SEAL)
Signed, sealed, published and declared by LINWOOD B. PHILLIPS, JR., the
Testator above named, as and for a First Codicil to his Last Will and Testament dated
March 3,2005, in our presence, who in his presence, at his request, and in the presence of
each other have her-eunto subscribed our names as attesting witnesses.
?>~
First Codicil to Last Will and Testament of
LinlVood B. Phil/ips, Jr.
Page 2 of2
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SECOND CODICIL TO LAST WILL AND
TESTAMENT OF LINWOOD B. PIDLLIPS. .JR,.
DATED MARCH 3.2005
I. LINWOOD B. PHILLIPS, JR., of Dickinson Township (mailing address: 93 Encks
Mill Road, Carlisle, PA 17013), Cumberland County, Pennsylvania, being of sound and disposing
mind, memory and understanding, do hereby make, publish, and declare this as and for a Second
Codicil to my Last Will and Testament,!'4ated March 3,2005.
A. If at the time of my death I am married to Alice R. Phillips and if she survives
me, until such time as she shall actually occupy the dwelling house contemplated to be acquired
either by new construction or purchase of an existing house and lot.of ground, etc., as provided in
the First Codicil to my Last WiJ/ and Testament which Codicil is dated November 17, 2005, I
direct that Alice R. PhiJ/ips shall have the right to occupy my residence at 93 Encks Mill Road in
Dickinson Township, in Cumberland County, Pennsylvania, together with its curtiJege and in
addition the duplex dwelling house adjacent thereto, and a garden house and garage building, and
garden area and pond located between said dwelling house and Encks Mill Road, but not the
various farm buildings and acreage. During the time my wife Alice R. Phillips shall choose to
occupy this property. she shall be responsible for paying the real estate taxes and hazard
insurance with the appropriate limits of coverage, make all necessary repairs, and maintain both
the bUildings and grounds, applying the income from the duplex dwelling houses and any other
income generated by the premises to these expenses. All expenses in excess of that generated
from said duplex dwelling house and any other income generated from the premises, shall be paid
from the Trust fund provided for her as set forth in the First Codicil to my Last Will and
Testament dated November 17, 2005.
It is my expectation that my said wife Alice R. Phillips shall choose to occupy the
residence contemplated to be constructed or acquired as set fOlth in said First Codicil to my Last
Will and Testament, and Upon her choosing to do so, the right to occupy the property herein
provided at 93 Encks Mill Road shall terminate.
B. No title in allY Trust created under any provision of my Last Will and Testament
dated March 3, 2005 or in the First Codicil to said Last Will and Testament dated November 17,
2005, Dr in the within Second Codicil to said Last Will and Testament, or in any future Codicil to
said Last Will and Testament, or in the income accruing therefrom, or in its accumulation, shall
vest in any beneficiary and no beneficiary shall have the right or power to transfer, assign,
anticipate or encumber his or her interest in such Trust or Trusts, or in the income therefrom prior
to the actual distribution thereof by the Trustee or Trustees to such beneficiary. Furthermore,
neither the income, nor the principal of any such Trust shall be liable in any manner, in the
possession of the Trustee or Trustees, for the debts, contracts or engagements of any of the
beneficiaries.
C. Except as hereinabove provided, I hereby ratify and affirm the provisions of my
said Last Will and Testament dated March 3,2005, and the provisions of the First Codicil to my
said Last Will and Testament dated November 17,2005.
IN WITNESS WHEREOF, I have hereunto set my hand3,nd seal to this Second Codicil
to my Last Will and Testament, dated March 3, 2005, on this ~ay of Nmoember, 2005.
p~
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LINWOOD B. PHILLIPS, JR. plf--,
Signed, sealed, published and declared by LINWOOD B. PHILLIPS, JR., the Testator
above named, as and for a Second Codicil to his Last Will and Testament dated March 3,2005, in
our presence, who in his presence, at his request, and in the presence of each other have hereunto
subscribed our names as attesting witnesses.
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-06-0122
EST ATE OF LINWOOD B. PHILLIPS, JR, DECEASED
ELECTION AGAINST WILL AND CONVEYANCE
I, ALICE R. PHILLIPS, wife of Decedent, Linwood B. Phillips, Jr., hereby exercise the
rights granted to me under Chapter 22 of the Probate, Estates and Fiduciaries Code, 20 Pa.
C.S.A. ~ 2201 et seq., to receive my elective share from my husband's Estate.
a~, /l ~dJ2ect.~
,
ALICE R. PHILLIPS
Counsel:
Neil W. Yahn
Attorney 1.0. No. 82278
James Smith Dietterick & Connelly, LLP
134 Sipe Avenue
Hummelstown, P A 17036
(717) 533-3280
Dated: June 22, 2006
(" ';
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
ORPHANS' COURT DIVISION
NO. 21-06-0122
ESTATE OF LINWOOD B. PHILLIPS, JR, DECEASED
CERTIFICATE OF SERVICE
I, Neil W. Yahn, Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for
Petitioner, Alice R. Philips, hereby certify that I have served a copy of the foregoing Election
Against Will and Conveyance on the following, on the date and in the manner indicated below:
U.S. MAIL. FIRST CLASS. PRE-PAID
Robert G. Frey, Executor
c/o Robert G. Frey
Frey & Tiley
5 South Hanover Street
Carlisle, P A 17013
Attorney for the Estate of Linwood B.
Phillips, Jr.
George B. Faller Jr., Esquire
Martson Deardorff Williams & Otto
Ten East High Street
Carlisle, P A 17013
Attorney for Attorney for Linwood B.
Phillips, III
Hubert X. Gilroy, Esquire
Broujos & Gilroy, P.c.
4 North Hanover Street
Carlisle, P A 17013
Attorney for Linda Stull
Dated: (( /2.2.- / Q '"
, ,
JAMES, r:j,
By:
Neil W. Yahn
Attorney J.D. 0.82278
134 Sipe Ave ue
Hu elst n, P A 17036
(717) 533-3280
PRE.NUPTIAL-.MiR~LEm
ENTEUED INTO THIS Bs-t/u cluy of September, 2000, between, Linwood
D. Phillips, Jr., of Dil;:ldnson Township, CurnherlnnJ County, Pennsylvania (mailing address: 9J
Encks l\'Iill Road, Carlisle, Pennsy lvania 1 70 I J). hereinatkr known as "HUSBAND",
AND
Alice n. Mountz, of Dickinson T(HVnship. CUl11hL'rland County, Penllsylvania (mailing
address: 93 Encks Mill Road, Carlisle, Pennsylvllnia 170 I J). hereinafter known <IS "WIFE",
\-VITNESSETH: That in consideration of the terms and conditions herei 11 set forth, and in
conlemplation and consideration of thc contemplated marriage Dr HUSBANO and \VIFE to eilch
olher. the}' do agr~l' as follows: .
1. The pm1ies to this Agl'l..~CrI1Cnl intend and desire to dcfine their respective rights in lhe
property of lhe other, and to avoid sllch interest which, excepl for the operation of this Agreement,
they might Hcquire in the property of the other as incidents of lheir nlilITi;:tgc relationship.
2. HUSBAND \V[lS born Oil July 28, 1925, and has four children, who m'c Linda L.
Stull, Linwood n. Phillips, lll, Waller Allen Phillips, and Merle R. Phillips.
3. WIFE was born 011 December 11, 1935, and hus three children, who are Harold C.
Mirahilo, fir., Dm,vn 1\1arci Hamel. and Paula George.
4. HUSilAND is presently relired. WIFE is presently retired.
5. Attached hereto and marked Exhibit "A" is a statement (If substantially all of !.he
assets of HUSBAND pn:;sL'nlly owned by him and in addilion sets fOl1h his expect4lncies.
6. Attached hereto alld marked Exhihit "D" is a statement of substanlially all of The
assets 01" WIFE presently owned by hor and in addition sels rOl1h her expectancies.
7. This Agreement is entered inlo in consideration (If marriage, and lts effecliveness is
l'xpressly condilioned Oil such marriage bctv....een the parties actually taking plact', and if, for nny
reason. lhe marriage is not consummated, this Agreement wi II be of no force or effect.
~. HUSBAND and WIrE do hereby admit and acknowledge thal each has been
represented hy illlk'pendent counsel ill the negoliation of this Agrcc~lent; thm the COllll'\el
representing l:ach pm1y was 01' his or her own choosing.: and tbalthis Agreement has heen read by
each of the panics awl has been eXplained to each of them by such counsel as lo its meaning and
legal consequences.
9. Except as herein provided, HUSBAND docs herehy covenant and agree with WIFE
that II USDAND will ndther during the lifetime of WIFE nUl after her death lake, claim. demnIld or
receive, and doe~ hc;:rl:by waive and release aI/ rights. claims, litles and intercsts, actual, indlOate, Or
contit'gCllt. iufaw UlIl,:lluity which I-IUSBAND miglll. by reason of his marriage to \VIFE, acqll~.re
ill hl:r property or estate, iurluding but nOllimited to:
a, All of the assets listed on Exhibit "B" attached hereto pIllS all income whi.:h
mrlY be earned and accumulated on slIch assets, the lippreeintion in value or ~uid asset~, n:lu
tlw proceeds uf sale 01' liquidt'ltioll of nll)' of saiJ assets and the reillv{:sLml:llt of such
P.02
proceeds in other ussets;
,b. Right or clnim of dower OJ' curtesy or any statutory substitllte therefor as
pro\:l~ed by the stntlltes of thl~ state. in which tile parties or either of them mighl die
dormciIcd;
c. The right to any distl'ibllti ve share in the estate of W LFE should she die intesL.lte;
d. Tht' right to take against the Will of WI FE, his prospective Spouse;
e. The right to uct as Ad11linislrator or Executor, either alone or jointly with oth..:r:o;.
or the estale of WIFE, unless nominated by Wn;E;
f. The righttu seek Sllpp0l1 from WIFE;
g. The righT of claim of any aliulUn)" in The event of termination uf the
contemplated marriage of the parties prior to the deaTh of either of Them, hy divorce or
otherwise. .
1U. Exc'.'ept as herein provided, WIPE dot's hereby covt'llunt and agree with HUSBAND
that \\,'IFE will neither during the lifeTiml' or HUSD1\ND TIm after his death take, claim, demand 01'
receive, and does hereby waive [tud release all rights, claiJl1!;, titles and interests, aCllJill, inchoate. o/'
contingent, in law an equity which WIFE might, by reason of her marriage to HUS13ANU, acql:il"\.~
in his propel1y or estate, including but not limitnllo:
a. All of the assets listed on Exhibit "'^" Htt<lchcd hereLD plus all income which
may be eal'rl<.:d and accumulated on such assets, as well as the proceeds of sale or Iiguidar;.on
of any of said assets anc.J the reinvestment of such proceeds in other assets;
h. Right or claim of dower or cllrtt:)sy ur any statutory substitUTe thcr~ror us
provided by the statures of the state in which the partie.s tlr either of thl:m might die
domici led; .
c. The right to any distributive share in the estate of HUSBAND should he dil'
intestat~~;
d. The right to rake against the WiI! of HUS BAND, hn prospecti"e SPOllS(:;
c. The right tu act us Administrator or Executrix, either alolle or jointly Wifh others,
or the estate of HUSDAND, unless nominated by HUSBAND;
1'. The righlto seek sUppurL, future supporL or henefit fWmliLISBAND;
g. The right of claim of allY alimony in the evenl of termination of lhc
contemplated marriage of the parties prior to the deat.h of either of them, by divorC'l' or
(Jtherwisc.
Il. If the marriage ends prior tn the death of either HUSBAND or WIPE, WIfE sball be
entirlc:d to c.lll.lIU)J sLIm pa)'lllem calculated as $1,000,00 time~ the number of whole months between
the dale of marriage and the date of separation. Thereafter, WIFE shall be l;ntitled to receive
$2,000.00 per monlh for sllpportllntjl such time as she remarries, or until ~u(:h time as either party
dic$. whichever C\'(:nl shall firsL occllr. Provided. however. tllnr if :'lny trust j~ created hy
IIUSI3AND for tht': hem~fi( of WIFE and is dc!':ignllled as being 1'(11" hc;r ~UPP()11 during her lifc:\iIllI.:,
any distributions from said tl'ust to WIFE shull be crdilcd towmd the payments of llIonllJy
SlIpport from HUSBAND for purposes of this parngmph.
. /2, If WIFE survives HUSBAND, WIFE shull be enlitled to a SUpport paymen: of
$],000,00 per mOIll h, to be adj 1Is1 cd annll all y, be gi lIn i 0 g on f he Ii rs t ann i vers'u'y of the de at b of
H US BAN D, by m ul tiply i 0 g the moo thly s Uppot1 pay" hie for the preeed ing year by a fl'act io n,
th(~ llUllleralor of which shall be the Cunsumer Price Indcx for the Cllrrent year, and the
denOllliIlalor of ..vhit'h shall be the ConSllmer Price Index for the preceding year, which amount
shall then be payable Jor lhe suceeediug twelve equa' mouthly support payments, Provided,
however, that if any trust is crcated by HUSBAND for the bencfir of WIFE and is designated as
being for her SUpport during hel' lifetime, allY Jistribllliolls from snid trllst to Wlfo'E shall be
c'edit,.d loward the paymems of mOl1lhly slIppon fwm HUSBAND for purposes of tbis paragraph.
. 13. All other assets which HUSBAND and WIFt Illa)' have acquired or hereafter ucql.lir(~
which arc ucquired jointly by HUSBAND nnd WIFE as t~nants in common or as jOint tenunts with
the rigbtllf survivorship or llS tenants by the entirely, in the absence of a specific designatior of
theil' interests in sllch a~sct:) being Other lhan equal, then same shall be deemed 10 be equal and shull
be trea/ed ,IS marital pl'opell)'.
14. HUSBAND and WIFE each Agree thut nothing herein cont(:lincd shaH be deel1lcG to
dcpri ve any child horn of their contemplated marriage from the right to SUpport by either or botll
HUSBAND and WIFE.
15. HUSBAND and WIFE covenant Ihat c,H:h shall willingly, at the request of either
pany, or at tile n:qul:sI of his or her successors or assign~, executc, deliver and properly
acknowledge whatever additional instruments may be required or convenient to carry out the
intention of this Agreell1~~tll, nnJ shall ex~x'lItc, deliver and properly acknowledge any dl:cUS Of other
documents in order that good and marketaole title to any property can be COIlYCycJ by une pan)' or
the esl.lle of thm parly free from <lny c1aill1 of the other pmty.
16. Nothing herein cOllt!lincd shall preclude 01' prevcnt eithcr HUSBAND 01' WIFE from
lIH1king inter vivos transfer or testamentary beque."ts to each other which may be ll1oreg;cnerous
titan anything provided herein, provkk~d that any such intc1'vi\'os lransfer shall cJcarly illdicall;' in
writing that such transfer is int(:ndcd to alter the terms of this Agreement fo the extenl of svch
tn.\llsfer.
INTENDING TO BE LIl:GALLY BOUND HEREBY, the parties hereto have ex~c.:u'ed
this Agreement on the day and yem first hereinabove written,
-.Y: Xu.!-0:~~4l?:i.e.fr""A.SBAj.!
Linwoud tl. PhJII(p~, Jr. t/"
-, '? /) ~-_....
C~.c:~.~ - /( ''.i- (SEAL)
---_._--~- ~ --.sAlice n. J'Iuuu(t; :t
PRE-NUPTIAL A G REEIVIENT
" .L 0 c..fc) ~ if
ENTERED INTO THIS 2. day of. SeptsH1b.er, 2000, between, Linwood
B. PhilIips, Jr., of Dickinson Township, Cumberland County, Pennsylvania (mailing address: 93
Encks Mill Road, Carlisle, Pennsylvania 17013), hereinafter known as "HUSBAND",
AND
Alice R. Mountz, of Dickinson Township, Cumberland County, Pennsylvania (mailing
address: 93 Encks Mill Road, Carlisle, Pennsylvania 17013), hereinafter known as "WIFE",
WITNESSETH: That in consideration of the terms and conditions herein set forth, and in
contemplation and consideration of the contemplated marriage of HUSBAND and WIFE to each
other, they do agree as follows:
1. The parties to this Agreement intend and desire to define their respective rights in the
property of the other, and to avoid such interest which, except for the operation of this Agreement,
they might acquire in the property of the other as incidents of their marriage relationship.
2. HUSBAND was born on July 28, 1925, and has four children, who are Linda L.
Stull, Linwood B. Phillips, Ill, Walter Allen Phillips, and Merle R. Phillips.
3. WIFE was born on December 11, 1935, and has three children, who are Harold C.
Mirabito, Sr., Dawn Marei Hamel, and Paula George.
4. HUSBAND is presently retired. WIFE is presently retired.
5. Attached hereto and marked Exhibit "A" is a statement of substantially all of the
assets of HUSBAND presently owned by him and in addition sets forth his expectancies.
6. Attached hereto and marked Exhibit "B" is a statement of substantially all of the
assets of WIFE presently owned by her and in addition sets forth her expectancies.
7. This Agreement is entered into in consideration of marriage, and its effectiveness is
expressly conditioned on such marriage between the parties actually taking place, and if, for any
reason, the malTiage is not consummated, this Agreement will be of no force or effect.
8. HUSBAND and WIFE do hereby admit and acknowledge that each has been
represented by independent counsel in the negotiation of this Agreement; that the counsel
representing each party was of his or her own choosing; and that this Agreement has been read by
each of the parties and has been explained to each of them by such counsel as to its meaning and
legal consequences.
9. Except as herein provided, HUSBAND does hereby covenant and agree with WIFE
that HUSBAND will neither during the lifetime of WlFE nor after her death take, claim, demand or
receive, and does hereby waive and release all rights, claims, titles and interests, actual, inchoate, or
contingent, in law an equity which HUSBAND might, by reason of his marriage to WIFE, acquire
in her property or estate, including but not limited to:
a. All of the assets listed on Exhibit "B" attached hereto plus all income which
may be earned and accumulated on such assets, the appreciation in value of said assets, and
the proceeds of sale or liquidation of any of said assets and the reinvestment of such
proceeds in other assets;
b. Riaht or claim of dower or curtesy or any statutory substitute therefor as
provided by the statutes of the state in which the parties or either of them might die
domiciled;
c. The right to aI:1Y distributive share in the estate of WIFE should she die intestate;
d. The right to take against the Will of WIFE, his prospective Spouse;
e. The right to act as Administrator or Executor, either alone or jointly with others,
of the estate of WIFE, unless nominated by WIFE;
f. The right to seek support from WIFE;
g. The right of claim of any alimony in the event of termination of the
contemplated marriage of the parties prior to the death of either of them, by divorce or
otherwise.
10. Except as herein provided, WIFE does hereby covenant and agree with HUSBAND
that WIFE will neither during the lifetime of HUSBAND nor after his death take, claim, demand or
receive, and does hereby waive and release all rights, claims, titles and interests, actual, inchoate, or
contingent, in law an equity which WIFE might, by reason of her mmTiage to HUSBAND, acquire
in his property or estate, including but not limited to:
a. All of the assets listed on Exhibit "A" attached hereto plus all income which
may be'earned and accumulated on such assets, as well as the proceeds of sale or liquidation
of any of said assets and the reinvestment of such proceeds in other assets;
b. Right or claim of dower or curtesy or any statutory substitute therefor as
provided by the statutes of the state in which the parties or either of them might die
domiciled;
c. The right to any distributive share in the estate of HUSBAND should he die
intestate;
d. The right to take against the Will of HUSBAND, her prospective spouse;
e. The right to act as Administrator or Executrix, either alone or jointly with others,
of the estate of HUSBAND, unless nominated by HUSBAND;
f. The right to seek Support, future support or benefit from HUSBAND;
g. The right of claim of any alimony in the event of termination of the
contemplated marriage of the parties prior to the death of either of them, by divorce or
otherwise.
11. If the marriage ends prior to the death of either HUSBAND or WIFE, WIFE shall be
entitled to a lump sum payment calculated as $1,000.00 times the number of whole months between
the date of marriage and the date of separation. Thereafter, WIFE shall be entitled to receive
$2,000.00 per month for support until such time as she remarries, or until such time as either party
dies, whichever event shall first occur. Provided, however, that if any trust is created by
HUSBAND for the benefit of WIFE and is designated as being for her support during her lifetime,
any distributions from said trust to WIFE shall be credited toward the payments of monthly
support from HUSBAND for pUrposes of this paragraph.
12. If WIFE survives HUSBAND, WIFE shall be entitled to a support payment of
$3,000.00 per month, to be adjusted annually, beginning on the first anniversary of the death of
HUSBAND, by multiplying the monthly support payable for the preceding year by a fraction,
the numerator of which shall be the Consumer Price Index for the current year, and the
denominator of which shall be the Consumer Price Index for the preceding year, which amount
shall then be payable for the succeeding twelve equal monthly support payments. Provided,
however, that if any trust is created by HUSBAND for the benefit of WIFE and is designated as
being for her support during her lifetime, any distributions from said trust to WIFE shall be
credited toward the payments of monthly snpport from HUSBAND for purposes of this paragraph.
13. All other assets which HUSBAND and WIFE may have acquired or hereafter acquire
which are acquired jointly by HUSBAND and WIFE as tenants in common or as joint tenants with
the right of survivorship or as tenants by the entirety, in the absence of a specific designation of
their interests in such assets being other than equal, then same shall be deemed to be equal and shall
be treated as marital property.
14. HUSBAND and WIFE each agree that nothing herein Contained shall be deemed to
deprive any child born of their contemplated marriage from the right to support by either or both
HUSBAND and WIFE.
15. HUSBAND and WIFE covenant that each shall willingly, at the request of either
party, or at the request of his or her Successors or assigns, execute, deliver and properly
acknowledge whatever additional instruments may be required or convenient to carry out the
intention of this Agreement, and shall execute, deliver and properly acknowledge any deeds or other
documents in order that good and marketable title to any property can be conveyed by one party or
the estate of that party free from any claim of the other party.
16. Nothing herein contained shall preclude or prevent either HUSBAND or WIFE from
making inter vivos transfer or testamentary bequests to each other which may be more generous
than anything provided herein, provided that any such intervivos transfer shall clearly indicate in
writing that such transfer is intended to alter the terms of this Agreement to the extent of such
transfer.
INTENDING TO BE LEGALLY BOUND HEREBY, the parties hereto have executed
this Agreement on the day and year fIrst hereinabove written.
~~-r' /.? ~;t)
Linwood B. Phillips, Jr.
~~---.: A ~,.~
Alice R. Mountz
(SEAL)
D,eu i 'Oed
->
Balances as of September 15,2000
Current Value Est. Future Value
Orrstown Bank -
Hometown Investment Account $ 250,000.00 $ 875,500.00
Orrstown Bank -
Certificate of Deposit #508-59700 $2,250,000.00 $2,250,000.00
Expires 9(13(2002
Orrstown Bank
Stock (14,584 shares @ $42) 612,528.00 765,660.00
Adams County National Bank
Stock (3,048 shares @ $18.50) 56,388.00 70,485.00
Tressler Lutheran Services
Municipal Bond (matures 1(1(02) 100,000.00 100,000.00
Orrstown checking account 1.453.36 1.500.00
TOTAL
$3.270.369.36
$4.063.145.00
*** 899 Emily Drive,
Mechanicsburg, PA
$ 90,000.00
$112,500.00
- -. ...~.. u .:' , ;:. ;:' H '" t" HI L LIP:3 C. F FEY
..
Edlu Corporation PI-operties:
South Middleton Twp, (Baker fa nnlficld 11c.w;t
to Western Village - 15 acres +/_)
Phillips portion
E\....ingfaml (Middlesel< Twp. Wolfs Bridge
Road - 100 acres +f-) Phillips portion
Wert farm (Wolf's Bridge Road - 100 acres
+(.) Phillips portion
Snug Harbor(Cavalty Road (9 acres +/.)
Phillips portion
Wertz Run Road (slate bank B acres +(.)
Phillips portion
Baker Farm (Walnut Bottom Road north
To Allen Road. 90 acr-es +1-) Phillips'
Portion
Luv: farm (Dex:o beside Montsera grocery
Store - Pine Road - 2 acres +f-)
Phillips portion
Sou.th Middleton Township (along west side of
Road to Western ViI/age - 8 acres +(.)
Phillips portion
Ashley Place - Holly Pike (3 acres +(-) Phillips portion
Lots 46 and Lf'7, Spril1g Road, North Middleton Twp.
Phillips portion
Gilliard land (South Middleton TO\.VTlsnip mountain
Ground (19 acres +(-) Phillips portion
Gilliard land (Mt. Hol1y moul1tain ground)
Phil/ips portion
Gilliard land (Rout~ 94, South Middleton Twp)
Phillips portion
71724~169~
F'.02
Current Value
Est. Future Value
$ 300,000.00
$375,000.00
$ 600,000.00
$750,000.00
$ 600,000.00
$750,000.00
$ 175,000.00
$218..750.00
$ 50poo.oo
$62,500.00
$ 5 poo,OOO.OO
$6,250,000.00
$ 7,500.00
$9,375.00
$ 100,000.00
$125,000.00
$ 200.000.00
$250,000,00
$ 40,000.00
$50,000.00
$ 50,000.00
$62,500.DO
$ 30,000.00
$37,500.00
$ 20,000.00
$25,000.00
. . -.. _..~" _';7 H ,., .... H ILL r P :::. '" F F: E "(
711.24~169::'
F.. 0:;<;
Huntington TO\Nl1ship, Adams Co. (58 acres +/- near
Heidlel"sburg) Phillips p0rtion
$ 150,000.00 $187..5CO.oO
$ 100,000.00 $125,000.00
$ 75,000.00 $9.3,750.00
S 800,000.00 S 1,000,000.00
$ 245,000.00 $306,250.00
$ BOO,OOO.OO $1,000.,000.00
$ 800,000.00 $1.,()OO,DOO.OO
$ 200,000.00 $250,000.00
$ 200,000.00 ~2.50.000.00
$ BOO,OOO.OO $1,000,000.00
$ 60,000.00 $60,000.00
$ 25,000.00 $31,250.00
$ '+5,000.00 $56,250.00
$ 900.000.00 $1,125,000.00
1.800,000.00 $2,250.000.00
350,000.00 $437,500.00
75,000.00 $93,750.00
7,157.000.00 $ 8,946,250.00
$ 400,000.00 $500..000.00
125,000.00 $156,250.00
$ 900,000.00 $1,125,000.00
897,000.00 $1,121,250.00
$ 600.000.00 $750,000.00
124.,676~500.oQ BO.84~.625.()O
Wan-itlgton TOMisnlp (20 .!cres +/. off Ficke:;
Road near Dillsbv.rg) Phillips portIon
Shughart land (10 acres +(- north side of 181
Ab~tting Royer farm) Phillips portion
Smith farm (110 acres +(- along Adams Road
SMT, adjoining DDD.zPf farms) Phillips portion
244 Burnt Ho~se Road (5 +{- acres)
Enck's Mill Road (89 +(. acres) Sheaffer farm
Enck's Mill Road (61 +(- acres) White farm
Walnut Bottom Road (36 +(- a,res) March fam.
Richland Road (21.58 acres)
Walnut Bottom Road (139 acres) Erford farm
W. Yellow Breeches Road (7.8 acres)
Montsera Road 0.723 acres)
Montsera Road (6 ,acTes)
93 Enck's Mill Road (97.4-38 acres) land
House
Duplex
Garage
Hog operation
~iontsera Road (59.79 acres) Alexander fann limd
Buildings
locust Lane (I22 acres.;.) Hoffer fann land
Buildings
Stewart Fat'l11 (100 acres +/_)
TOTAL:
,-/,_, .....1'::' Hr'l
r'H I LL I P'3 ,'< FF:EY
7L72431693
F'.04
Balances as of September 1) 2000
Current Val~le Est. Future Value
Orrstown Bank -
Hometown Investment Account $ 2,556,205.89 $3,195,257.36
Orrstown Bank
Stock (14,584 shares @ $42) 612,528.00 765,660.00
Adams County National Bank
Stock (3,048 shares @ $18.50) 56}388.00 70,485.00
Tressler Lutheran Services
Municipal Bond (matures 1{1(O2) 100,000.00 100,000.00
Orrstown checking account 1,453.36 l..;iQQ.OO
TOTAL
U326.575.25
.aJ32,90~.36
I I 'oJ ,... U'7: '.:1;.21
AJ1 PH I LL I P';:,
C, FF:EY
7172431693
F'.05
ANNENDAl-E LOT-S:
LOT # GROSS AREA SEPrIC CURRENT VALUE EST. FUTURE VALUE
1 45,7B5.83 s'l' ft. sand mound $43,900.00 $54,875.00
2 42,589.79 sand mound $43,900.00 $5-4-,875.00
3 47,241.,13 sand mound $43,900.00 $Sl/-,87.5.00
4- 44,901kB6 sand mound $44,900.00 $.56,125.00
5 43,135.78 sand mound $44,900.00 556,125.00
6 51,12/-1-.66 sand mound $44-,900.00 $56,125.00
7 '~3,265. 73 sand mound $44,900.00 $56,125.00
8 54-,938.02 sand mound $44,900.00 $56,125.00
9 54,390.19 sand mound $44,900.00 $56,125.00
10 49.88/~.O2 sand mound $43,900.00 $54,875.00
11 55,818.18 sand mound $44,900.00 $56,125.00
12 50,391.35 sand mound $44,900.00 $56,125.00
13 4l1-,910.85 sand mound $44,900.00 $56,125.00
14 48.408.3 3 sand moul1d $44.900.00 $56,125.00
15 53, 9~,q.. 79 sand mound $44,900.00 $56,125.00
16 48,306.12 sand mound $43,900.00 $54,875.00
17 50,929.77 sand mound $43,900.00 $54,875.00
18 89,99.!t.36 sand mound $46,900.00 $58,625.00
19 53,602.70 sand mound .$4-3,900.00 $54,875.00
20 43, B 75.00 sand mound $44,900.00 $56,125.00
23 45~115.B2 sand mOLlnd $4-3,900.00 $54,875.00
24- 41,967.88 sand mound $43,900.00 $54,875.00
26 54/1-45.44 sand mound $43,900.00 $54,875.00
27 49,937.31 sand mound $lf.4,900.00 $56,125,00
-... . 10-' "-' ,.., I I r- n J. L L IF'S ~( F R E Y
t1724,;!,1693
F'.06
.
28 471466.95 sa nd t'tlO UI1 d $.q.3.900,OO $541875.00
29 '+5)861.15 sand mound $ 4 3,900.00 $5~JB75_00
30 50,956.30 sand mOLtnd $44-,900.00 $56,125.00
31 4-8J076.44 sand mound $44-,900.00 $56,125.00
32 40,840.54 sand mound $43,900.00 $54-,875.00
TOTAL $1,2.91,100 $1,613,875
L.B.'s ONE.HAlr-
$645.550
.$~06.937.50
l~' I ...-.,.&. L L r F' :::.
15< FF:EY
71724316'?.3
F".07
CLARE1"-'DON PRICE LIST
LOT # SALE PRICE GROSS/NET SQ.FT. SEPTIC EST, FUTURE VALUE
(with/without easement)
.#1 $49,900 60, 163 sq. ft. sand mOlmd $ 62,3 75.00
#7 $49,900 60,002 S81,d mound $62,375.00
#8 $50,900 66,133 in-ground $ 63,625.00
#9 $49,900 60,097 sand {w. denit. $62,375.00
#10 $52,900 60,265 in-gt'otmd $66,125.00
#11 $52,900 60,008 sand mound $66,125.00
#12 $52,900 68,100 I 60,010 in-ground $66,125.00
#13 $52,900 63,228 in.gl"Ound $66,125.00
#14 $52,900 70.880 f 60,922 sand mound $66,125.00
#15 $52,900 62,089 f 60,38J. sand mound $ 6 6,115.00
#17 $1l-9,900 61,197 sand mound $62,375.00
#18 $481900 60,903 sand! w. denit. $61,12.5.00
#19 $50,900 69,383 sand mound $63,625.00
#20 $48,900 60,082 sandi w. denit. $61.125.00
#21 $50,900 68,151 sand mound! well $63,625.00
#22 $49,900 61,600 sand! w. denit. $62,375.00
#23 $49,900 62,657 sand mound $62,375.00
#24 $49,900 64-,350 sand mound $62,375.00
#25 $50,900 73,827 sa nd mound $63,625.00
- - - - .... ,- n J. L L r p :::; t", F F: E )'
71 724<!=1 >::.~<!=
F.e.;::;
#26 $4B,~OO 64,218 sand mound $61,125,00
#27 $5ll-,900 116,15LJ. sand mound $68,625.00
#2.8 $51,900 61,4:35 sand mound $ 64,875.00
#29 .$lj.2,900 60,000 sand! w. denit. $53,625.00
#30 $it-Z,900 601000 sandI w. denit. $53,625.00
#31 $4-2,900 60,000 sand! w. denit. $53,625.00
#32 $l/.2,900 60,000 sandi w. denit. $53,625.00
#33 $lJ.2,900 60,000 sandI w. denit. $53,625.00
#36 ~p45,900 60,000 sand mound $57,375.00
#37 $42,900 60,876 sandi w. denit. $53,625.00
#38 $51,900 60,572 sand mound $64,875.00
#39 $51,900 66,314 sand mound $64,875.00
#41 $49,900 71,690 sandI w. denit. $62,375.00
#42 $49,900 60,197 sandI w. denit. $62,375.00
#43 67,736 r 66,120
$53,900 sandi w, denit. $67,375.00
#41.j. 137,106 /126.418
#45 $45,900 60,000 sandi w. denit. $57,375.00
#46 $45,900 60,000 sand! w. demit. $57,375.00
#47 $47,900 60,000 sand mound $59,875.00
#:~8 $49,900 70.062 f 60,163 sand mound $62,375.00
#49 $49,900 86,285 sand mound $62,375.00
---
. , '- , , CJ '" ; L' l H 1"1 PHI L L r p :=; 1:. F f'; =: .,..
71724::: 1 ~.9~
P.0';o
#50 $49,900 84,728 sand mound $62,375.00
#51 $46,900 60,762 5and/w. denit. $5 B, 625 ,00
#52 $49,900 60,753 sat1d mound $62,375.00
#53 $49,900 60,753 sa~d mound $62,375.00
#54 $Lj.9,900 60,753 s~nd mound $62.3 75.00
#55 $4-9,900 60.753 sand mOllnd $62,375.00
#56 $49,900 60,753 sand mound $62,375.00
#57 $lf.9,900 60,753 sand moulid $62.,.3 75.00
#58 $4f.:,900 60,034 sand mound $61,125.00
#59 $48,900 60..661 sand mound. $611125.00
#60 $49,900 71,248 ! 60,024 sand mound $61,375.00
#61 $46,900 60,546 I 60,118 sand! w. denit. $58,625.00
#62 $50,900 63,974 sand mound $63,625.00
#63 $52,900 60,169 sand! de 11 it.(INell $ 66,125.00
#64- $50,900 60,277 sand mound $ 63,62.5.00
#65 $50,900 62.668 ( 60,007 sand mow-:d $63,625.00
#66 $50,900 64,133 ( 60,145 sand mound $63,625.00
#67 $5(),900 67,452 /60,012 sand mound $ 63,6.25.00
#68 $50,900 65,067 /60,057 sa nd mound $63,625.00
#69 $521900 60,452 ! 60,054- sand mound!well $66,125.00
#70 $51,900 60,031 sand mound $64-,875.00
#71 $50,900 60,034 sat1d mound $63,625.00
~_'.u.c' H'" ,..HILLrp:::; It< FF.:EY
7172431633
F'. 01
#50 $'1-9,900 8'1-,728 sand mound $ 62)375.00
#51 .$46.900 60,762 sandfw. denit. $58,625.00
#52 $'+9>~OO 60,753 sand mound $62,375.00
#53 .$.q.9,900 60,753 S311d l110und $62,37.5.00
#54- $.q.9,900 60.753 sand mound $62,375.00
#55 $49,900 60,753 sand mound $62,375.00
#56 $Lf.9,900 60,753 sand mound $62,375.00
#57 $49,900 60 J 753 sand mound $62,375.00
#58 $lJ.8,900 60.034- sand mound $61,125.00
#59 $48,900 60,661 sand rtwul1a $61,125.00
#60 $49,900 71,248 f 60,024 sand mound $62,375.00
#61 $46,900 60.54-6 160,118 sandi w. denit. $58.625.00
#62 $50,900 63,974- sand mound $63)625.00
#63 $52,900 60,169 sandfdenit.(well $66.125.00
#64- $50,900 60,277 sand mound $63,625.00
#65 $50.900 62,668 /60.007 sand mound $63,625.00
#66 $50,900 64,133 f 60,145 sand mound $63,625.00
#67 $50,900 67,4-52 I 60,012 sand mOlll1d $63,625.00
#68 $50)900 65,067 f 60,057 sand mound $63,625.00
#69 $52,900 60,452 ! 60,054 sand moul1d/well $66,125.00
#70 $51,900 60,031 sa nd mound $ 6Lf.,8 75.00
#71 $ 50, 900 60,034 sand mound $63,625.00
.. "-"-' "'-"., \:1'''':04 At1 PHILLIP:::; ~< FF.:E'r'
717.2431633
F'.02
#72 $50,900 60,046 sand mound $ 63,525.00
#73 $46,900 60,7.q.9 sandi w. denit. $58,625.00
#74- $49,900 62,800 I 60.50~ sand mound $ 62,3 75.00
#75 $4-9,900 66,500 ( 60,159 sa nd m01..!t1d $62,375.00
#76 $4-9,900 61,645 sa nd moutld $62,375.00
#77 $4-9.900 62,558 sand mound $62,375.00
#78 $50,900 60,174 sa nd mou nd $63,625.00
:#79 $4-9,900 61,245 I 60/F-I-5 sand mound $62,375.00
#80 $49,900 79,033 r 75,390 sand mound $62,37'5.00
#81 $49,900 72,234 I 64,895 sand mound $62,375.00
#82 $47.900 65,039 f 60,304- sand! w. denit. $59.875.00
#83 $52.,900 65,.480 f 60,024- sand mound $66,125.00
#84 $46..900 123,385 160,672 sand mound $58,625.00
#85 $49,900 60,117 sand mound $62,.3 75.00
#86 $49,900 60,791 sand mound $62,375.00
TOTAL U,U.-9-.400 llLl...8.ooQ
- - "-" ~" " .... " "'."'; 1:.1 4 R r1 PHI L LIP S l:< F R E Y
71724:::1693
F.E'!=:
HERITI\GE VALLEY LOTS:
L.B. PHILLIPS
LOT # GROSS AREA SEPTIC SYSTEM CURRENT VALUE EST. FUTURE VALUE
11 67,069 sand mound $39,900.00 $49,875.00
12 67,;W3 sand mound $41,900.00 $52,375.00
Ill- 72/1-48 sand mound $41,900.00 $52,375.00
16 67,771 sand mound $41,900.00 $52,375.00
19 67,779 sand mound $1l-1,900.00 $52,375.00
21 68,342 sand mound $42,900.00 $53,625.00
23 66,552 conventional $42,900.00 $53,625.00
25 68,119 sand mound $ll-3,900.00 $54,875.00
27 68,058 sand mound $43,900.00 $54,875.00
32 68,834 sand mound $44,900.00 $56,125.00
34 67,614- sand mound $45.900.00 $57,375.00
38 68,989 conventional $44,900.00 $56,125.00
39 68/+60 sand mound $44,900.00 $56,125.00
42 69,060 sand mound $43,900.00 $54,875.00
44 67,037 sand mound $4-3,900.00 $54,875.00
47 67,tJ.17 sand mound $43,900.00 $54-,875.00
J.J.9 67,lBLJ. sand mound $J.J.3,900.00 $5LJ.,875.00
52 66964- conventional $l!-4,900.00 $56,125.00
,
53 69,840 conventional $44,900.00 $56,125.00
.. - --... I ..:..' (,;A: ,10::.1::. I
71724-31633
F'.O.+
55 74,:L96 conventk'lnal $44-,900.00 $56,125.00
56 67,7 b 1 sand mound $lJ.5,900.00 $57,375.00
j9 74,JI-69 SCI ~ld moul1d $44,900.00 $56,125.00
62 67A94 sand mound $45,900.00 $57,375.00
TOTAL ~$1,008, 700 jl,260,lli
..., ~". . t.,., "-' M II r f""'1 ~ L L r p S U< F F: E Y
7172431r::,93
F".85
, I
KII\:GS GAP - MINI MODULE
Lot # CW{RENT VALUE GROSS AREA SEPTIC EST. FUTURE VALUE
Lot #2 $36,900.00 541238 seepage bed $46,125.00
Lot #3 $3.5,900.00 4-3,381 seepage bed $44,875.00
Lot #4 $35,900.00 43,381 seepage bed $lf.lI-,875.00
Lot tl5 $34~ 900.00 40,502 seepage bed $43,625.00
Lot #6 $3tt~900.00 40,502 seepage bed $43,625,00
Lot #10 $36.900.00 491950 seepage bed $46,125.00
KINGS GAP
Lot # 1 $37,900.00 52.395 sand mound $47,375.00
lot #11 $36,900.00 44,550 sand mound $ lj. 6. 125.00
Lot #14 $37,900.00 53,577 conventional $47,37.5.00
Lot #15 $38,900,00 59J373 sand mound $48,625.00
Lot #16 $4~,900.00 69,300 sand mound $56,125.00
Lot #19 $4'10,900.00 72,267 sand mound $56,125.00
lot #20 $ll4,900.00 66,934 sa nd mound $56.125.00
Lot #21 $44,900.00 61.575 sand mound $56,125.00
Lot #22 $44-,900.00 111}259 sand mound $56,125.00
- .... -" .. .-" ~..J --:' .. t:,,1 "_I ': 1'1 r"" n 1. L L 1 P:=; G( F F.: =: y
7L72-l3169~
P.06
, I
Lot #23
$44,900.00
87,.587
sand mound
$56,125.00
Lot #30 $37,900.00 55,377 seepage bed $47,375.00
Lot #3 J $37,900.00 50,067 sand mou.nd $47,375.00
Lot #32 $37,900.00 51,488 sand mOl.tl1d $47,375.00
Lot #33 $37,900.00 56,573 sand mound $47,375.00
Lot ft35 $39,900.00 61,475 sand mound $49,87.5.00
Lot #36 $39,900.00 55,361 sand mound $49,875.00
Lot #37 $39,900.00 40,254- sand mound $'1-9,875.00
Lot #38 .$42,900.00 5 6, 769 tr~nches $53,625.00
Lot #39 $42,900.00 63,927 seepage bed .$53,625.00
Lot #4-0 .$42,900.00 64,251 conventional $53,625.00
Lot #4-1 $39,900.00 43,552 sand mound $49,875.00
Lot #42 $39,900.00 401500 sand mound $49,875.00
Lot #43 $39,900.00 40.500 seepage bed $.1J.9,875.00
Lot #4q. $39,900.00 40,500 sand mound $.lf.9,875.00
Lot #4-5 $39,900.00 45,784 sand mound $4-9,875.00
Lot #If.6 $39,900,00 51,635 sand mound $~9,875.00
Lot #47 $39,900.00 407P06 sand mout'ld $49,875.00
Lot #48 $38,900.00 55,26lf. sand mound $J.f.S.625.00
-' t:. r- - 1 1 - 0 er M 0 t'l 0 '9 ; 0';:' A 11 PHI L LIP '=' r, F F; E: Y
Lot #'+9
TOTAL
$3(',900.00
54:4-50
1l.?5~!..>600
717'::-;'~1693
sand mound
P.07
$4-7,375.00
$1.693.250
-. "-' '-' 'r '...J r" L' '0' : E1 6 A '1 PHI L LIP '=' C< F F: E 'r'
7172431693
F'. 0::;:
TOWNHOUSES
CLI.-rcnt Value
Est. Future
Value
Fairfax Apartrt1ents (16 units @ $80.000.00
each) Phillips' pOI"tion $ 640pOO.OO $800,000.00
Highland COUti' Apartments (30 units @
$80,000.00) Phillips' portion $1,200.000.00 $1.500,000.00
Rock/edge Drive Apartments 07 units @
$90,000.00) Phillips' portion $ 7651000.00 $956,250.00
Forest Court Apartments (24 units @
$90,000.00) Phillips' portion .$1.080,000.00 $1,350,000.00
Hamilton Court Apartments (22 units @
$75,000.00) Phillips' portion $ 825,000.00 $1,031.250.00
Center Street Apartments (12 units @
$BOpOO,QO) Phillips' portion $ 480,000.00 $600,Opo.oo
BUt'r AV811ue A.partments (12 units @
$95,000.(0) Phillips' portion .$. 570.000.00 $712.500.00
TOTAL
~60.000.00 16.950.000.00
. . , , .
FARM EQUIPMENT VALUES
9(1(00
Description Current Est. Future
Value Value
IH 684 Tractor, SN B000922, 62 HP,
2042 hours, 2wd, w( 2250 loader $18,920.00 $22,704.00
IH 684 Tractor, SN B000506, 62 HP,
1544 hours, 2wd, w(2250 loader $19,360.00 $23,232.00
IH 686 Tractor, SN U9931, 66 HP,
2973 hours, 2wd, RapS $17,380.00 $20,856.00
IH 686 Tractor, SN U010527, 66HP,
1648 hours, 2wd, ROPS, WGTS $17,050.00 $20,460.00
IH 1066 Tractor, SN not found, 125 HP,
2204 hours, 2wd, ROPS, WGTS $24,750.00 $29,700.00
IH 1066 Tractor, SN U048793, 125 HP,
1150 Hours, 2wd, RapS, WGTS $27,060.00 $32,472.00
IH 1566 Tractor, SN U011605, 161HP,
2433 hours, 2wd, RapS, WGTS, DUALS $25,300.00 $30,360.00
IH 1086 Tractor, SN U51094, 130 HP,
2wd, CAB, WGTS $31,240.00 $37,488.00
IH 1486 Tractor, SN U010948, 145 HP,
2wd, CAB, WGTS $32,670.00 $39,204.00
Case 1840 Skid/oader, SNjAF0076813,
53 HP, 63 hours, RapS, Aux. Hydr. $19,140.00 $22,968.00
Case 1845C Skid/oader, SN 17955062
60 HP, 1544 hours, ROPS, Hy flow Hydr. $26,510.00 $31,812.00
Sweepster LH Power Broom, SN 906295,
For Case 1840(1845C $ 3,575.00 $ 4,290.00
t f',
Bradco 11 HD Backhoe, SN 81H8H990,
For Case 1840/1845C
$ 8,580.00
Rockhound 60A landscape Rake, SN A930912002
For Case 1840/1845C $ 6,435.00
Rockhound 60A landscape Rake, SN A94051090
For Case 1840/1845C $ 6,435.00
McMillen X1850 Earth Auger, SN not found,
For Case 1840(1845C, several augers $ 2,915.00
Anbo Snowblade, SN 172, for Case 1840/1845C
Hydraulic angle $ 2,970.00
Construction attachment Corp Grapple Bucket,
SN 2306A for Case 1840/1845C, with teeth $ 3,080.00
Erskine 2418 Snowblower, SN 3324 for Case 1840(
1845C $ 4,730.00
Bradco Trencher, for Case 1840(1845C
$ 4,730.00
Farmall H Tractor, SN 36359, reconditioned $ 4,950.00
Farmall M Tractor, SN 145643, reconditioned$ 5,280.00
Ford 917l Flail Mower, SN not found,
3 point, 5' width
$4,730.00
Woods 316 Rotary Mower, SN not found, pull
Type batwing $ 9,460.00
Taylor/Pittsburgh 265 Rotary mower, SN 1046508H
3 pt., 84" width $ 1,760.00
Taylor/Pittsburgh 265 Rotary mower, SN 1046508H
2 pt., 84" width $ 1,760.00
Taylor/Pittsburgh 940 Tiller, SN 0497, 3 pt.
6' width $ 1,980.00
$10,296.00
$ 7,722.00
$ 7,722.00
$ 3,498.00
$ 3,564.00
$3,696.00
$ 5,676.00
$5,676.00
$ 5,940.00
$ 6,336.00
$5,676.00
$11,352.00
$ 2,112.00
$ 2,112.00
$ 2,376.00
, f' I
Brillion XI08 Cultipacker, SN 158747,
Xfold, pull type $ 9,350.00 $11,200.00
Brillion XI08 Cultipacker, SN 157287,
Xfold, pull type $ 9,350.00 $11,200.00
Brillion Cultimulcher, no model, SN not
Found, 24' folding type $16,060.00 $19,272.00
Case-IH 5500 Chisel Plow, SN not found,
3 pt., 17 shank $ 8,580.00 $10,296.00
Case-IH 5500 Chisel Plow, SN not found,
3 pt., 13 shank $ 6,930.00 $ 8,316.00
Case-IH 5700 Chisel Plow, SN 0009574.
3 pt., 13 shank, gauge wheels $ 7,590.00 $ 9,108.00
IH 720 Moldboard Plow, SN U007339.
Semi-mount. 6 bottom. coulters $ 7,150.00 $ 8,580.00
IH 720 Moldboard plow. SN U0022750,
Semi-mount. 6 bottom. coulters $ 7,150.00 $ 8.580.00
IH 710 Moldboard Plow, SN U1111#1,
Semi-mount, 5 bottom, coulters $ 6,050.00 $ 7,260.00
IH 710 Moldboard Plow. SN Ull1#2,
Semi-mount, 5 bottom. coulters $ 6,050.00 $ 7,260.00
IH 450 Moldboard Plow. SN not found,
3 pt., 3 bottom, coulters $ 3,520.00 $ 4,224.00
IH 450 Moldboard Plow, SN not found,
3 pt.. 3 bottom, coulters $ 3,850.00 $ 4,620.00
IH 6500 Coulter Chisel Plow, SN not found,
Pull-type, 9 shank $ 7,260.00 $8,712.00
Brillion Sts. 121 Field cultivator, SN 155058,
Pull-type, 20' width, s-tine $ 6,050.00 $ 7,260.00
i .
ARPS AB 350 Blade, SN 25LJ.7, 3 pt. 8' width $ 1,5LJ.0.OO $ 1,8LJ.8.00
New Holland 80 Bale Carrier, SN LJ.60977,
3 pt., hydraulic $ 1,430.00 $ 1,716.00
Sovema 51805 Tiller, 3 pt., 6' width $ 1,540.00 $ 1,8LJ.8.00
Danuser F-8 Earth Auger, SN not found,
Several augers, 3 pt. $ 2,310.00 $2,772.00
Danuser MDHl Post Driver, SN not found,
3 point, hydraulic $ 2,200.00 $ 2,640.00
Danuser MS-l Woodsplitter, SN 811 $ 1,320.00 $1,584.00
IH 3082A Backhoe, SN 1111, 3 pt.,
Extra buckets $ 5,170.00 $ 6,204.00
Danuser F-8 Earth Auger, SN not found, 3 pt.
Like new condition, several augers $ 2,530.00 $ 3,036.00
Gill Soil Preperator, SN not found, 3 pt.,
6' width $ 1,870.00 $ 2,244.00
ARPS Stone Ra ke, SN not fou nd, 3 pt.,
.7' width, Hydr. Angle $ 1,980.00 $ 2,376.00
Lilliston 9680 No-Till Grain Drill, SN 6500,
18 x 7 configuration, grass seeder $12,980.00 $15,576.00
IH 400 Corn Planter, SN not found, 6 row
Narrow, dry fertilizer, no-till $ 5,500.00 $ 6,600.00
IH 5100 Grain Drill, SN not found, 18 x 7
Combination grass seeder $ 6,930.00 $ 8,316.00
Krause 1922 Disk Harrow, SN 3535,
Folding tandem type, C-spring, recond. $13,530.00 $16,236.00
Krause 1924 Disk Harrow, SN 3946,
Folding tandem type, C-spring, recond. $13,750.00 $16,500.00
. I I f
Brillion Sts. 121 Field Cultivator, SN 155059,
Pull-type, 20' width, s-tine $ 6,050.00
$ 7,260.00
Athens 131 Disk Harrow, SN F75481, pull-type,
Dual wheels, 13' width $ 6,600.00
$ 7,920.00
Athens 131 Disk Harrow; SN C7761, pull-type,
Dual wheels, 13' width $ 6,820.00
$8,184-.00
Krause 2887 Coulter Chisel Plow, SN 1228,
Pull-type, 7 shank $9,570.00
$11,484-.00
Brillion Sct52 Subsoiler, SN 157113, V-ripper,
5 shank, shear bolt $ 5,830.00
$ 6,996.00
IH 5000 SP Windrower, SN C001133, diesel,
12' width, reconditioned $19,250.00
$23,100.00
IH 60 Shredder, SNU000614-, pull-type,
Reconditioned $ 9,020.00
$10,824.00
Case-IH 1190 Mower Conditioner, SN U202216,
Pull type, 9' width $ 8,030.00
$ 9,636.00
Case-IH 1190 Mower Conditioner, SN 001721
Pull type, 9' width $ 8,030.00
$ 9,636.00
Case-IH 3450 Round Baler, SN U001721,
4 x 5 ba Ie
$ 9,900.00
$11,880.00
Case-IH 3650 Round Baler, SN U000964,
5 x 6 bale
$12,320.00
$14,784.00
IH 445 Square Baler, SN U003043, w(#15
Th rowe r
$ 6,270.00 $ 7,524.00
$ 3,080.00 $ 3,696.00
$ 3,080.00 $ 3,696.00
$ 1,540.00 $1,848.00
$ 6,270.00 $ 7,524.00
IH 35 Hay rake, SN not found
IH 35 Hay rake, SN not found
IH Dual Rake Hitch
IH #8 Flail Chopper, SN U004176
I I ~
IH 1300 Mower, SN U9545, 3 pt., sickle
Ba r type $ 3,850.00 $ 4,620.00
Home-built Hay Wagons (6 total) $13,200.00 $15,840.00
Home-built Flat Wagon, with hoist $ 2,200.00 $ 2,640.00
Demeo RG10 Wagon Gear, SN not found,
10 ton, extendable tongue, tires Er wheels $ 1,650.00 $ 1,980.00
Demeo RG 10 Wagon Gear, SN not found,
10 ton, extendable tongue, tires Er wheels $ 1,650.00 $ 1,980.00
Demeo RG10 Wagon Gear, SN not found,
10 ton, extendable tongue, tires Er wheels $ 1,650.00 $ 1,980.00
Woods BB 700 Box Scraper, SN 1724, 3 pt.
With scarifiers $ 2,310.00 $ 2,772.00
3 Misc. trailers $ 6,600.00 $ 7,920.00
Misc. Buckets, weights Er loose attachments $33,000.00 $39,600.00
Cub Cadet 2072 Tractor, SN 766203, 1919
Hours, wI Peco Vac, 50" deck $ 7,260.00 $ 8,712.00
Cub Cadet 2072 Tractor, SN 766668, 1720
Hours, with 50" deck $ 5,280.00 $ 6,336.00
Cub Cadet 2072 Tractor, SN 766201, 1812
Hours, with 50" deck $ 4,950.00 $ 5,940.00
Cub Cadet 2072 Tractor, SN 791476, 589
Hours, w/Peco Vac, 50" deck $ 7,590.00 $9,108.00
Cub Cadet 2082 T'~actor with 50" deck $ 5,830.00 $ 6,996.00
Troy Silt Horse Rototiller, 8hp. Kohler
Engine $ 1,760.00 $ 2,112.00
Hardi TR53 Sprayer, SN 89-10072, pull-
type, boom handgun $ 2,420.00 $ 2,904.00
. I. a
Hardi TR53 Sprayer, SN 86-10049, pull-
type, boom handgun $ 2,200.00 $ 2,640.00
VVW Renegade Chipper/Shredder, like new $ 2,530.00 $ 3,036.00
Gandy Turf Tender Fertifizer Spreader, pull-
type, 42" width $ 1,210.00 $1,452.00
Raps for 1066 Tractor $ 1,650.00 $ 1,980.00
Gravity Bin Wagons (4 total) $12,540.00 $15,048.00
IH 1700 Truck, SN 416080G402317,
Dump truck $ 4,950.00 $ 5,940.00
Cam Spray Pressure Washer $ 2,420.00 $ 2,904.00
Unknown Pressure Washer $ 1,430.00 $ 1,716.00
Misc. Items used in lawn care $10,450.00 $12,540.00
TOTAL
.$800.580.00
$960.696.00
, (, -...
Wh iteta i I Dee r
Description Current. Val.
448 racks mounded on plaques, average
value $1,500 (will be $1,800) $672,000.00
105 racks not mounted on plaques, average
value $1,300 (will be $1,600) $136,500.00
15 life-size mounts, average value $5,500
(will be $7,500) $ 82,500.00
826 shoulder mounts, average value $5,000
(will be $6,000) $4,130,000.00
30 sets still at taxidermist, average value
$1,300 (will be $1,800) $ 39,000.00
25 capes @ $500 each $ 12,500.00
Total
$5,072,500.00
Est Future
Value
$ 806,400.00
$168,000.00
$112,500.00
$4,956,000.00
$ 54,000.00
$ 12,500.00
$6,109,400.00
"'..L-LJ.r-:=; t:: FF:E'''''
717:24:=:1693
F'. C12
. It.." .
Misc~llal1eous Assets:
1993 Cadillac Sedarl DeVille $13,000.00
1991 Cadillac COLlpe DeVille 9,000.00
19 BS Oldsmobile Estate StationwagcJr! 3,500.00
1984 Chevmlet Pick-up TI'uck (4-wheel drive) 5,500.00
Five (5) Cub Cadet Garden rn~cto'(S with Mowers
@ $SPOO.OO ea. 25,000.00
Two (2) grass catchers with engines @ $2,500.00 ea. 5,000.00
Full line of lawn and gardetl equipment, gas dt"iven tools and
Handtools 25,000.00
Five (5) sets of lawn and patio furniture @ $500.00 ea. 2,500.00
Maintenance supplies, !umber, material of all kinds 811d
Paint supplies 4,000.00
rota I Mjscellaneous$~2.500.00
. " J
Home FUI"Il ishi ngs
OFFICE:
Desks, file cabinets, chail-s, c<lbinet fat" plans, 6 bronze
Statues, computer, copy machine, walnut dt-op-Ieaf
Table, fiJ>< machine, printer
LIVING ROOM:
Sofas, chairs. oriental rug, chen)' tables, lamps, hassocks,
Misc. pk.:hlres
Doll collection
FOYER:
Gr"andfather clock, chairs, buffet, lamps
DINING ROOM:
Table, 12 chairs, comer cabinet. two buffets, dry sink (all
Cherty - nat1d made) 6 - 12 place setting China; 32 place
Settings of silver, numerous dishes. Gr"andfather clock
KITCHEN/BR.EAKFAST AREA:
All built-in; stove. dishwasher", refl-igel-ator, microwave,
Kitchen appliances too numemus to list; dinette table,
Overstuffed chairs, tables, etc.
SIDE PORCH:
18 pc. wrought iron furnitut"e set, hanging baskets, carpet,
la mps, etc.
FAMILY ROOM:
Desk, cha.ir, sofa, side chairs, ovel"stuffed chairs, bed, lamps,
Manv other items
..
ENCLOSED BACK PORCH:
Chairs, tables; accessories and furniture too numerous to
List
MASTER BEDROOM:
Two full sets of cherry furniture, sofa, chairs, desk, lamps,
King size bed, oriental rugs, other misc. items
I .... I .4..... .=. J. '=, ';1.:-.
p.D3
$ 20,000.00
17,000.00
10,000.00
11,000.00
30,000.00
IlJ. ,dad .00
9,000.00
8,000.00
20,000.00
25,000.00
- - - - ... '" 01. L- 1- .1 r .=. 1.;( r- r:. r:. r
-, 1 .. 2. 4 ::; 1 ';:.:1 3
P.01
I
L It t ~ I
THREE .s~-1ALL BEDROOMS:
All funli;.hed with double beds, dresset.s, lamps, chain,
O~'iel'lt-al r"ugs, etc. ($ 7,000 ea.) 11.000.00
LOUNG E:
8 cheny captain's chairs, table, 3 recliners, 1 sectional scfa,
coffee table, '~nd tables, 8 bar stools, fully equipped wet bar,
refriger"tor, 12 bronze statues, cheny buffet, stereo system 18,000.00
10 television sets, vadoLIS sizes fJ.,OOO.OO
very large amethyst col/ectiorl 35,000.00
lat'ge bt'onze statue collection 40,000.00
complete collection of Charles Denault wildlife prints 4.5,000.00
Total Hou.sehoJd $327,000.00
.. .' t
IN RE:
ESTATE OF LINWOOD B.
PHILLIPS, JR.,
Deceased,
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
ALICE R. PHILLIPS,
Petitioner
.
~ ORPHANS' COURT DIVISION
.
: NO. 21-06-0122
v.
ROBERT G. FREY,
Respondent
CONSENT AND JOINDER OF MERLE R. PHIlLIPS
COMMONWEALTH OF PENNSYLVANIA )
):ss.
COUNTY OF CUMBERLAND )
I, Merle R. Phillips, son and heir of Linwood B. Phillips, Jr., deceased, do
hereby join in and consent to the foregoing Executor's Petition to Strike
Spouse's Election to Take Agaiust the Will, whereby it is requested that the
Court vacate the Election of Alice R. Phillips in the above-captioned case.
lrJ>[\2Q<,~
Merle R. Phillips
Swom to and subsc~bed
befo~e this " t day
~*2006.
'--- --.-..-/ M 6 ? c-. .
N P ,.,'
otary 1l111l
NOTARIAL SEAL
_ TRISHA A. UESS. Notary Pubflt
Borough of Carlisle, Cumbo County. PA
My Commission Expires May 20. 2010
..... . . ~
I, Mary M. price, an authorized agent for MartsOn Deardorf\Williarns & Otto, hereby certify that
a copy of the foregoing Respondent's Motion to Strike Petitioner's Election to Take AgainSt the Will was
served this date by depositing same in the Post Oftke at Carlisle, P A, first class mail, postage prepaid,
addressed as follows:
g:RTIFICATE OF SERVIClI.
Neil W. Yahn, Esquire
JAMES SMITH DIETIERlCK & CONNELLY, LLP
134 Sipe Avenue
Hummelstown, P A 17036
Attorney for Petitioner
Hubert X. Gilroy, Esquire
BROUJOS & GILROY, P .C.
4 North Hanover Street
Carlisle, P A 17013
Linwood B. Phillips, III
1530 Centerville Road
Newville, P A 17241
Merle R. Phillips
938 Rockledge Drive
Carlisle, P A 17013
Walter Allen Phillips
2261 Walnut Bottom Road
Carlisle, PA 17013
MARTSON DEARDORFF WILLIAMS & OTTO
J
By l... 1);
Ma . Price
Ten Ea t High Street
Carlisle, P A 17013
(717) 243-3341
Dated: 1 / I I / 0 t
.... .., ~
IN RE: : IN THE COURT OF COMMON PLEAS OF
ESTATE OF LINWOOD B. PHILLIPS, JR.,: CUMBERLAND COUNTY, PENNSYLVANIA
Deceased,
ALICE R. PHILLIPS,
Petitioner
: ORPHANS' COURT DIVISION
v.
: NO. 21-06-0122
ROBERT G. FREY,
Respondent
CITATION
AND NOW, on this day ofJuly, 2006, upon consideration of Respondent' s Petition
to Vacate Spouse's Election to Take Against the Will, is Rule is hereby issued upon the parties of interest
in the above captioned case to show cause, if any they have, why the relief of Respondent in his Petition
should not be granted.
Rule Returnable in days.
BY THE COURT
J.
....1
IN RE: : IN THE COURT OF COMMON PLEAS OF
EST A TE OF LINWOOD B. PHILLIPS, JR.,: CUMBERLAND COUNTY, PENNSYLVANIA
Deceased,
ALICE R. PHILLIPS,
Petitioner
: ORPHANS' COURT DIVISION
v.
: NO. 21-06-0122
ROBERT G. FREY,
Respondent
CITATION
AND NOW, on this day ofJuly, 2006, upon consideration of Respondent's Petition
to Vacate Spouse's Election to Take Against the Will, the same is GRANTED, Petitioner's election against
the will is hereby vacated with prejudice, and the executor is directed to proceed with the administration
of the estate consistent with the Will and Codicils that have been probated in the above captioned case.
BY THE COURT
J.