HomeMy WebLinkAbout12-04-06 (2)
..
.-1100 EX + (80f0)
OFFICIAL USE ONLY
REV-1500
INHERITANCE TAX RETURN
RESIDENT DECEDENT
COMMONWEALTH OF
PENNSYLVANIA
DEPARTMENT OF REVENUE
DEPT. 280601
HARRISBURG, PA 17128-0601
'*
FILE NUMBER
II
06
0493
NUMBER
COUNTY CODE YEAR
SOCIAL SECURITY NUMBER
DECEDENTS NAME (LAST, FIRST, AND MIDDLE INITIAL)
Flscella, Frank J.
DATE OF DEATH (MM-DD-YEAR) DATE OF BIRTH (MM-DD-YEAR)
I-
Z
W
Q
W
o
W
Q
119-01-5552
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
.03-04-2006
07-28-1914
REGISTER OF WILLS
SOCIAL SECURITY NUMBER
(IF APPLICABLE) SURVIVING SPOUSE'S NAME ( LAST, FIRST AND MIDDLE INITIAL)
[!] 1. Original Return
o 4. limited Estate
o 6. Decedent Died Testate (Attach
copy of WII)
o 9. Litigation Proceeds Received
o 2. Supplemental Return
o
~
o
o 3. Remainder Return (date of death pr10r to 12-13-82)
o 5. Federal Estate Tax Retum Required
B. Total Number of Safe Deposit Boxes
o 11. Election to tax under Sec. 9113(A) (Attach Sch 0)
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4a. Future Interest Compromise (date of death after
12-12-82)
7. Decedent Maintained a Living Trust (Attach
copy of Trust)
10 Soousal Poverty Credit (date of deelh between
. 12-31-91 and 1-1-95)
~ "~ --- - --- ~--~~ -~~~, ---~" --~-- -~~ -~_ ___~"__~_~ --_no ___~__ ___
...
Z
W
Q
Z
i
i
8
NAME
Marielle F Hazen
FIRM NAME (If appIiceble)
Marlelle F. Hazen
COMPLETE MAILING ADDRESS
2000 Linglestown Road, Suite 202
Harrisburg, PA 17110
(1) None
(2) None
(3) None
(4) None
(5) 2,312.85
(6) None
(7) 305,451.57
(8) 307,764.42
(9) 23,418.15
(10) 5,723.93
TELEPHONE NUMBER
717-540-4332
1. Real Estate (Schedule A)
2. Stocks and Bonds (Schedule B)
3. Closely Held Corporation, Partnership or Sole-Proprietorship
4. Mortgages & Notes Receivable (Schedule 0)
5. Cash, Bank Deposits & Miscellaneous Personal Property
(Schedule E)
Z 6. Jointly Owned Property (Schedule F)
8 I. Separate Billing Requested
~ 7.1 r-Vivos Transfers & Miscellaneous Non-Prob~e ProPerty
~ ( . . edule G or L) 0 Separate Billing Req~sted
ii: 8. I Gross Assets (total Lines 1-7) .
~ 9. F ...i _"... . Adml""''''.... Co,", (8"""'"1e H)
a::
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I)
11. Total Deductions (total Lines 9 & 10)
(11)
(12)
29,142.08
278,622.34
12. Net Value of Estate (Line 8 minus Line 11)
13. Charitable and Governmental Bequests/See 9113 Trusts for which an election to tax has
not been made (Schedule J)
14. Net Value Subject to Tax (Line 12 minus Line 13)
SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES
(13)
(14)
None
278,622.34
15.Amount of Line 14 taxable at the spousal tax rate, 0.00 x .00 (15)
Z or transfers under Sec. 9116(a)(1.2)
Q 278,622.34 .045 (16)
I- 16. Amount of Line 14 taxable allineal rate' x
~
::)
0.. 17.Amount of Line 14 taxable at sibling rate 0.00 x .12 (17)
:Ii
0
0 18. Amount of Line 14 taxable at collateral rate 0.00 x .15 (18)
><
~ 19. Tax Due (19)
0.00
12,538.01
0.00
0.00
12,538.01
CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
20.0
Copyright 2002 fonn software only The Lackner GrouP. Inc.
Fonn REV-1500 EX (Rev. 6-00:
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MARIELLE_~AZEN.0 T~RNE'
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Olcedent'. Complete AddrHI:
fSTREET ADDRESS
i 304 Ollndal. Drive
I
lCiTV Camp Hill
TIX Plym.ntalnd Credits:
1. Tu Ci..1fI (Page 1 Une Hli
2. C!llQltslPllymenta
fA, 800u$ll: POi/MY Creall
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STA"'c, PA
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12,53801
9,000.00
473.68
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(2)
'<413.88
:3 .'1t.IfiIi....nalty II appileal::le
;,) Interest
Ii Penalty
'ro:a' .rUlruI!Pena"y rC: ,. E) iJ)
4. !'! Line 2 II grelter th~1'\ Line 1 .. Line:; !,'l,e' :~,e d!'I'e'INA! 11'1:115 Il'le OVERPAYMENT
Check bax t>" PIli_ 1 \.lne 20 to "'<11,;"1 . ~!\ln;;
~ Ii UrHI1 .. une 311 greater th.lI Unlli:l. !!IntI" It!@ dl~I!l'tln~t! nil! I! the TAX DUE
A 1!1t.r t1<il il'l\ereSl 01'1 Vw tax aU!!
BErne! tne tOllli elf Une 5 + 5A This is 1M BA~ANCE DUE
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3,oe4.33
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'58!
3,064.33
Make Chock Payable to REGiS'TER OF W7LLS, AGE."ilT
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Old dlCll<l8nt make a tre~&f&r llr>.d 'rn "r.
~ rellln !he u~e Or income 01 iM., p'op~rty transfe:red ."
~ relllln ~he 'ig'll ~e d..lgl'll!lte wt\c !!oaii U'lt ~~e prooerty '"3N;''''-:M:'l' ,l~ ". :':!'T'e: ~
~. ~tei" a reversionllry lflttlre&t; or x
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2 if Oellth IX:CUrreO after Deoe11bel 12. 1 ?,tl2 tilG de\:eller:t .ransl':':' ;xqJe::y w"rllll ene jea' or 0<'1>:'1 wthO<.I;
rec:aivlf'Q lidlJqUllte ca"llderltjo~? 1(
Old a.tedtl"t own an 'in "'1.1$1. for' Of py(\l)lt upor death bet", ~~.(,0i:nl N ~,ec\lnw at bis ,.,r ker ;'l"!ll~?
, Did decedent O\Ifn OlIn IndMcl\.;al Rllli"t'r.~ar.\ .~ccol.ln'. llnr'Liity, or or""" ,"ot,-;"OP..lt! property ""'rI':;"
eontllni! 3 !)en6fielery deel9l'\'t!on? ~
iF '111! ""SWEft TO ANY 01' '/'lip. ABO'JE Ql.IU"\ONS is YES, YOU MiJ:i'l' COM1',_t'rF.' SC:.,I!:OULI! G AND FilE ;1 ~s PAP. , OF ",'HP. Rl!'TURH.
,mtr rll1l:2:iH:",,'~. I ~ Q'\et ( l\a~ tH(limInod 1.'111 f'fltw"" In~~""lno ,iT.!1f'!'lf:Ql1lii,'U Jo::;,~~i~., lln~ ,ljJ!err.tS.,~~ !1M ~ t~. f:l"~ (,; 'f1r' ;(f1c~:.~e 1Ir)(J ~I.f ll~' n..s ~ -3'1"~~ ..~u
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Oe~l'Ih A. Fllcella , 'M
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Marlelle I1lztn
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GermdntowTi, MO 20814
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Har":!5P:, ill, PA 17110
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1'01 all_ af death on or after Ju~ 1, 1994 and baror", Ja~I.I"i' 1 199~.;.e \,,~ ,,,re ir1p,~~ed an the net value oflrllMters te 0; ., ,'1e \1M 01 the
~~lv'"in\lIlPOiIM 113% [72 I) S, S9116 (a\ (1.1) Uf,
rOl Jiles of deetn or: or after JllnUC~ 1 191:\5, the lex ral, "i.){>'S60 ;-,11 ':'\0 ilil' V2'.t' ';,ftransters 10 or tor lhe UM! ~ rM II<' 't~,n:. lpoU.. .0%
{l2 PS ~911e (e) (1 1) {illi The st8tu,~ ~l]QU~Y~:~~.1ll a trangf€r t~ (l w\",m,,$pc)uile frurn lax, and tne lltl!'utOi)' teQl 'emlt'a for dlfi(:Io~",j!,
oj :u~e:~ and 1l!lng & tal( return are stHl appliclW',' ~l!)r' ,f the ~urv.v;~g "p.J'.I~'" l:,& <J'-dy b4lMfic,ary.
d ~f.~, ~ 'J.~"" \! f~ _ '
For 'J8tM of lleath (in or after JUly 1, 200e . I 'tlft:;Hn In cr" r l!l, use Q' ,
'jrl~ \lIk ll;tlltJ l,"poaed on th. net .....o!u(: Jt tranaTertt 4~Qm ~ .j€".'~~p:.&;Ilt<t r.h .~l t'.f~~~"\!tC~1~ I"'~~;' '"~. :198 or younger 3_ . ....-
r,~\.\}H~', PlI''''''t 3" OOIJpIillt pare~':. IJr ~ 5IepPllre;.l vI ttle child 'S I)'k f7 4 ro.01 ~~, ,'; la! .. ' 6" . ,., ,_
.. l~.' "'t ~l e oft,~n$fels ,,) or for lhll ~!i6 oft"e eeceden\ ~ w-ea, '.)"".I,cII.I""''' i~ 4 5~;,. c...cC'pt '" J'""~ ,n .~ p~
.,.."~ 'il.X 'tile impose.... 01\ .~" n.. II. U .. . .'.. '
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(j;//[c.ed ,. _,,,,, Section 9102. lI$ an 'rdlVlClUi'l1 w,,' ,'~~~., hI U, . . ,., -~.
Rev-1508 EX+ (6-98)
.
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Fiscella, Frank J.
FILE NUMBER
21-06-0493
Include the proceeds of litigation and the date the proceeds were received by the estate
All property jointly-owned with the right of survivorship must be disclosed on schedule F.
ITEM VALUE AT DATE
\lUMBER DESCRIPTION OF DEATH
1 Cash - Cash in possession 165.00
2 Income Tax - Refund 304.00
3 MBNA - Refund 3.85
4 1995 Chevrolet Lumina 1,270.00
5 Personalty 570.00
TOTAL (Also enter on Line 5, Recapitulation)
2.312.85
(If more space is needed, additional pages of the same size)
Copyright (c) 2002 form software only The Lackner Group, Inc.
Form PA-1500 Schedule E (Rev. 6-98)
Rev-1510 EX+ (6-98)
SCHEDULE G
INTER-VIVOS TRANSFERS &
MISC. NON-PROBATE PROPERTY
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
Fiscella, Frank J.
FILE NUMBER
21-06-0493
ESTATE OF
This schedule must be completed and filed if the answer to any of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yes
ITEM DESCRIPTION OF PROPERTY DATE OF DEATH % OF DECO'S TAXABLE
EXCLUSION
NUMBER INCLUDE NAME OF TRANSFEREE, THEIR RELATIONSHIP TO DECEDENT AND VALUE OF ASSET INTEREST (IF APPLICABLE) VALUE
THE DATE OF TRANSFER ATTACH A COPY OF THE DEED FOR REAL ESTATE
1 304 Glendale Drive, Shiremanstown, Cumberland 187,000.00 187.000.00
County, PA - Owner - Frank J. Fiscella Trust
Beneficiaries - 3 Children
Per Attached Appraisal
2 PNC Bank - Checking Acct. No. 50-0471-6404 50.00 50.00
Titled: Frank J. Fiscella Trust
3 PNC Bank - CD Acct. No. 31600225785 30.180.05 30.180.05
Titled: Frank J. Fiscella Trust
4 PNC Bank - CD Acct. No. 31900264900 10,279.24 10.279.24
Titled: Frank J. Fiscella Trust
5 Sovereign Bank - Checking Acct. No. 571141218 7.095.98 7,095.98
Titled: Frank J. Fiscella Trust
6 Sovereign Bank - CD Acct. No. 1685483354 5,395.07 5.395.07
Titled: Frank J. Fiscella Trust
7 Sovereign Bank - CD Acct. No. 0575509427 5,337.43 5.337.43
Titled: Frank J. Fiscella Trust
8 Sovereign Bank - CD Acct. No. 168455071 10.920.12 10.920.12
Titled: Frank J. Fiscella Trust
9 Sovereign Bank - CD Acct. No. 0575300249 49,193.68 49,193.68
Titled: Frank J. Fiscella Trust
TOTAL (Also enter on Line 7, Recapitulation) 305,451.57
(If more space is needed, additional pages of the same size)
Copyright (c) 2002 form software only The Lackner Group, Inc.
Form PA-1500 Schedule G (Rev, 6-98)
REV-1151 EX+ (12-99)
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Fiscella, Frank J.
FILE NUMBER
21-06-0493
Debts of decedent must be reported on Schedule I.
ITEM
NUMBER
A. FUNERAL EXPENSES:
DESCRIPTION
AMOUNT
See continuation schedule(s) attached
6,728.75
B.
1.
ADMINISTRATIVE COSTS:
Personal Representative's Commissions
Deborah A. Fiscella
Social Security Number(s) / EIN Number of Personal Representative(s):
175-40-7391
Street Address
13260 Meander Cove Drive
City Germantown
Year(s) Commission paid
State MD Zip 20874
2006/2007
10,000.00
2.
Attorney's Fees
Marielle F Hazen
5,000.00
3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation)
Claimant
Street Address
City
Relationship of Claimant to Decedent
State
Zip
4. Probate Fees
5.
Accountant's Fees
Walton Williams, CPA
375.00
6. Tax Return Preparer's Fees
7.
Other Administrative Costs
See continuation schedule(s) attached
1,314.40
TOTAL (Also enter on line 9, Recapitulation)
23,418.15
Copyright (c) 2002 form software only The Lackner Group, Inc.
Form PA-1500 Schedule H (Rev 6-98)
Rev-1502 EX+ (6-98)
SCHEDULE H-A
FUNERAL EXPENSES
continued
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Fiscella, Frank J.
FILE NUMBER
21-06-0493
ITEM
NUMBER
DESCRIPTION
AMOUNT
1
Malpezzi Funeral Home
5.024.75
2
Mechanicsburg Senior Center - Place of Funeral Reception
100.00
3
Peter Sergo - Catered Funeral Reception
1.604.00
Subtotal
6,728.75
Copyright (c) 2002 form software only The Lackner Group, Inc
Form PA-1500 Schedule H-A (Rev. 6-98)
Rev-1502 EX+ (6-98)
SCHEDULE H-B7
OTHER
ADMINISTRATIVE COSTS
continued
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Fiscella, Frank J.
FILE NUMBER
21-06-0493
ITEM
NUMBER DESCRIPTION AMOUNT
1 Blue Jay Services - Lawn Maintenance 440.00
2 Claude Wolfe - Appraisal of Personalty 75.00
3 Federal Express 22.90
4 Larry Zuvich - Home Maintenace 270.00
5 Lower Allen Township - Refuse 166.50
6 Lower Allen Township - Sewer 90.00
7 Michael Connor - Appraisal 250.00
Subtotal
1.314.40
Copyright (c) 2002 form software only The Lackner Group, Inc.
Form PA-1500 Schedule H-B7 (Rev. 6-98)
Rev.1512 EX+ (6.98)
SCHEDULE I
DEBTS OF DECEDENT,
MORTGAGE LIABILITIES, & LIENS
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Fiscella, Frank J.
FILE NUMBER
21-06-0493
Include unreimbursed medical expenses.
ITEM
NUMBER DESCRIPTION
1 Alert Pharmacy
VALUE AT DATE
OF DEATH
8.03
2 Chris Tebbano - Packing Supplies
144.41
3 Comcast
18.90
4 Country Meadows - Nursing Home
301.19
5 Cumberland County - Township Real Estate Taxes
631.02
6 Cumberland County - County Real Estate Tax
9.80
7 Cumberland County - School District taxes
1,892.93
8 Erie Insurance
591.00
9 James Smith, et al - Legal Fees
100.00
10 MCI
162.81
11 Messiah Village - Nursing Home
532.44
12 Mobile X-Ray Imaging
50.71
13 PA American Water
180.76
14 PP&L
950.51
15 West Shore EMS
149.42
TOTAL (Also enter on Line 10, Recapitulation)
5,723.93
(If more space is needed, additional pages of the same size)
Copyright (c) 2002 form software only The Lackner Group, Inc.
Form PA-1500 Schedule I (Rev. 6-98)
REV-1513 EX+ (9-00)
SCHEDULE ..
BENEFICIARIES
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
NUMBER
Fiscella, Frank J.
NAME AND ADDRESS OF
PERSON(S) RECEIVING PROPERTY
TAXABLE DISTRIBUTIONS [include outright spousal
distributions, and transfers
under Sec. 9116(a)(1.2)]
FILE NUMBER
21-06-0493
RELATIONSHIP TO
DECEDENT
Do Not List Trustee(s)
SHARE OF ESTATE AMOUNT OF ESTATE
(Words) ($$$)
I.
1
Deborah A. Fiscella
13260 Meander Cover Drive
Germantown, MD 20874
Daughter
50%, Less
$5,000.00
2
John A. Fiscella
227 Montague Road
Leverett, MA 01054
Son
25%, Plus
$2,500.00
3
Christine C. Tebbano
24 Sundance Drive
Saratoga Springs, NY 12866
Daughter
25%, Plus
$2,500.00
Total
Enter dollar amounts for distributions shown above on lines 15 through 18, as appropriate, on Rev 1500 cover sheet
II. NON-TAXABLE DISTRIBUTIONS:
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT
BEING MADE
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
TOTAL OF PART 11- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET 0.00
Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule J (Rev. 6-98)
Lor,,1MOI'JW'cAL TH OF PENI,SYL VANIA
DEPARTMEln OF RE\ EIJLJE
BUREAU OF !,\jCI\/IDUAL TAXES
DEPT 280601
HARRISBURG, PA 17' 28-0601
REV-1162 EX(11-96)
RECEIVED FROM:
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
FISCELLS DEBORAH
13260 MEANDER COVE RD
GERMANTOWN, MD 20874
___~_n_ fold
ESTATE INFORMATION: SSN: 119-01-5552
FILE NUMBER: 2106-0493
DECEDENT NAME: FISCELLA FRANK T
DA TE OF PAYMENT: 06/06/2006
POSTMARK DATE: 06/01/2006
COUNTY: CUMBERLAND
DA TE OF DEATH: 03/04/2006
NO. CD 006794
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
101 I $9,000.00
I
I
I
I
I
I
I
I
TOTAL AMOUNT PAID:
$9,000.00
REMARKS:
CHECK# 858
INITIALS: MG
SEAL
RECEIVED BY:
TAXPAYER
GLENDA FARNER STRASBAUGH
REGISTER OF WILLS
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FRon : CEWER STRGE MARJ<ETI t'-JG
FAX NO. :301 540 6325
Rpr. 11 2086 0?: 4i:,i~M ='E
Kdlcy Blue Boot - Private Party Pricing Repon- Chevrolet, Lumina htqrJlwww.lcbb.comlkblki.dlllkw.kc-ur?aO!Wp;870764;&;+P;&723.
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Another Reoort
Free QARFAX Record Ch~
&.arch Used Vehi~ Ustinas
Fin~nce Your Vehi~
Insure Your Vehieie
BLUE BOOK" PRIVATE PAllY REPORT
penlUlytYania . APril 5, 2006
1995 Chevrolet lumirla Sedan 4D
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Engine: V6 3.1 Uter-
rr,ns: Automatic
Drive: FWD
Mileage: 47,502
Equipment
Air ConditiOning
Power Steering
Power Door locks
Tilt Wheel
AM/FM Stereo
Dual Front Air Bags
Consumer Rated Condition: Good
"Good" condition means that the vehicle is free of any major defects.
This vehide has a dean title history, the paint, body and Interior
have only minor (If "'IV) LJlemlshes, and there are no major
lof2
4/5/06 2:38 PM
FRClt1 : CHJTER STRGE '1RRVET I t'iG
FA>< NO. : 301 540 6325
Rpr. 11 2006 07: 46Ht1 P)
Kelley Blue Book - Private Par.:y Pricing Report - CheYf()!e(, Lumina http://,,,ww.kbb.comIk:blki.dJl/kw.kc.ur?aolwp~870764;&;+p;&723._.
mechanical problems. There should b@ littI@ or no rust on this
vehicle. The ti~$ match and have substantial tread wear left. A
~gOOd" vehicle wilt need some reconditioning to be sold at retail. Most
consumer owned vehides tall Into this Category.
Private Party Value $1,615
Private Party Value is what a buyer can expect to pay when buying
a used car from a private partv. The Private Party Value assumes
the vehide is sold ftAs Is" and carries no warranty (other than the
continving factory warranty). The final sale price may vary
depending on the vehicle's actual conditlon and IQcaI market
conditions. This value may also be used to derive Fair Market Velue
for insurance llnd vehicle donation purposes.
..~~
COPvr19ht @ 2006 by Kelley Blue Book CO'I All Rights Reserved.
Mar-Apr L006 tditlon. The specific information required to
determine tI'1e value for this particular vehlde was supplied by the
person generating this report. VehicJe v8lu~tions are opinions and
may vary from vehicle to vehide. Actual valuations will vary based
upon market conditions, SpxiflCations, vehide condition Or other
particular circumstances pertinent to thit> pBlticular vehicle or the
transaction or the parties to the trantac:tion. This repOrt Is
intended for the indiVidual use of the person generating this report
.only and shall not be sokj Or transmitted to another party. Kelley
Blue Book assumes no responSibility for errol'$ or
omissions. (v.06035)
2of2
4/5106 2;38 PM
FRat1 : CEHTER STRGE ~1i'1Rt<ETI t~G
FAX HO. :301 540 E325
Rpr. 11 20CE. 0-; '"4""
Kelley Blue Book - Trade-In Pricing Report. Chevrolet, Lumina
httptlfwww.kbb.comJkb/ki.dll/l(wJ:c.Ut'laolwt: 1 'b4 T i .& ; +t;&278 ;...
at Kelley Blue Book
.. THE nmSrED RES~
BLUE B{)OK'* TtlDE~IN VALUE
Pennsylvania · April S, 2001
1995 Chevrolet Lumina Sedan 40
..
Another Reoort
Free CARFAX f3eca:dGheclc
search U~ Yerhicl~ Ustinus
Finance Your Vehid~
IMUte Your VehiCle
Engine: V6 3.1 Uter
Trail$: Automatic
DrIve: FWD
MU$'age: 47,502
Equipment
Air Conditioning
Power steering
Powes- Door Lnclcs
Tilt Wheel
AM/FM Stereo
Dual Front Air Bags
Consumer Rated Condition: GOOd
"Good" oondition means that the vehIcle Is free of any major defects. This vehicle has a
dean !it!~, tile paint, body (lOci interior have amy minor (Ir ~flY) blemishes, and
there are no major mechanical problems. There should be Iltl:le or no I\Ist on this
vehicle. The tires match and have subsmntial treed wear left. A "good" vehicle wtll need
some reo:>nditioning to be sold at retail. Most consumer owned vehides fall into this
category .
Trade-In Value
$$25
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4'5'06 2:42 PM
IROt1 : Cct-ITER STRGE r1RF~KET I t-li
FAX NO. :301 540 6325
Rpr. 11 20136 C',-~:.c,:C .-,f.;
Kelley Blue Book - Retail Pricing Rq,ort - Chevrolet. Lumina
Illtp:/lwww.kbb-COrn/kbIki.dlllkw.kc.ut!aOI'"r:4&5751_&.+r;&.;Olev ..
. Kelley Blue Book
. ~ THE TRUST~ RJ:S~~
BLUE BOOKs RETAlJ- REPORT
Pennsyrvanie . ApriT 5: 2di:i6
1995 Chevrolet Lumina
Sedan 4D
Another RePOrt
Free CARFAX FIIl!ICOrd Check
Search Used Vehide1.Jst1l'lOS
Ei.oan~ Your Vehicle
~~,Xour Vehicle
.. ~._....... M
,,~: ....
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Engine; V6 3.1 Liter
Trans: Automatic
Drive: FWD
Mileage: 47,502
Equipment
Air Conditioning
Power Steering
Power Door Locks
Tilt Wheel
AM/FM Stereo
Du~1 Front Air Bags
Retail Value $2..760
The Kelley 8lue 600k Suggested R.etail Value is representative of dealers'
asking plices and 1$ the starting pOint for negOtiation between a COnSUmer
and a dealer. This Suggested Retail Value assumes that the vehide hllt
been fully reconditioned and has a dean title blst~. This value also takes
into account the dealers' profit, costs for advertlsing, sale$ commissions
and other costs of dQing business. The final sale price will likely be Ie$$
1 of 2
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MAill~G AobflESS
OOO"lHER ST"(l)~
:l.I/THORI2'!'O ~l'RESll<T/.TM'
FRANK J FISCELLA
3D" GLENDALE OR
SHIREMANSTOWN PA 11011
.",
'J ".
CLAUDE ~ WOLFE & ASSOCIATES
AUCTIONEER.S &; APPRAiSERS
rAMI,r OWNeD SINCE 1910
2009 LINCOLN STR~fl . CAMP HILL, PA 11011
I 117.737.0734
November 11, 2.006
Eatate 01 Frank J FisceDa
304 Glendale Drive. SfairemanstowD. PA
...~ .(.~.. _...~....~ .__.n_.,--
Atwater Kent radio table
:f'AMUtY wm1
145.00
Kimball spinet piano
WaU mirror
LOONG ROOM
125.00
SOJ.lO
Pkture of Lincoln by Hen&el
HALI~w""r
250.00
APPRAISAL TOTAL $ 510.00
This Fair Market Value appraisal is true and correct to the best of my ability as an
auctioneer and appraiser with 35 yem experiel}(:C.
Me;;nber: ~~_:Amaiw~~(JglldofAmetka
\\).'i.G~ &~_
W. K. Dusty Cbapman~ CAGA
8d l~d T0 : Z0 9002 SC . (\DH
S2E9 0\7S mE: 'OH xtJ.::!
9N I .l3>itltJVJ 3::ItI.15 cF3.1t~3): WOo.::!
CONNOR GROUP
File No. FISCELLA
Case No
Uniform Residential Appraisal Report
The oumose of this summalV aooraisal reoort is to o[Ovide the lender/client with an accurate, and adeouatelv suooorted, oomion of the market value of the sub'
Prooertv Address 304 GLENDALE DRIVE Citv SHIREMANSTOWN State PA ZioCode 17011
. Borrower FISCELLA Owner of Public Record FISCELLA Countv CUMBERLAND
Leoal Deseriotion DEED BOOK 00114 PAGE 00592
Assessor's Parcel # 48-24-0795-025 Tax Year 2006 RE Taxes S 2,400 EST
Neiohbortlood Name SHIREMAN MANOR MaD Reference 42-41 Census Tract 112
1.!:'l0ccuoant I I Owner I I Tenant T X TVacant ~ Assessments $ N/A r 1 PUD HOM N/A r 1"", vear loer month
E:I Prooertv Riohts Aooralsed rx 1 Fee SllTloleT 1 Leasehold I I Other (describe)
" AsSlonment T voe I I Purchase Transaction T T Refinance Transaction r xl Other (describe) ESTABLISH MARKET VALUE
Lender/Client NI A Address N/A
Is the subiect orooertv currentlv offered for sale or has it been offered for sale in the twelve months prior to the eflective date of this appraisal? r 1 Ves r xl No
Reoor! data source(s\ used, offennos orice(~ and da~ THE SUBJECT HAS NOT BEEN LISTED FOR SALE IN THE LAST TWELVE MONTHS
THE CENTRAL PENN MUL TllIST WAS EARCHED FOR DATA.
,I U did lKJ did not analyze the contract for sale for the sWjecl purchase transaction. Explain the results of the analysis of the contract for sale or why the analysis was not
oerformed. THE SUBJECT IS NOT CURRENTLY UNDER AN AGREEMENT OFR SALE TO THE APPRAISERS KNOWLEDGE
Contract Pnce S N/A Date of Contract N/A Is the propertv seller the owner of oub~c record? r 1 Yes r 1 No Data Souoe(s)
m :s there any financial assistance (loan charges, sale concessions, gift or downpayment aSSistance, elc.) to be paid by any party on beha~ of the borrower? UVesUNo
.. If V es, reoort the total dollar amount and describe the items to be paid NI A
.~
Note: Race and the racial co sition of the nelnhborhood are not ~sal factors.
"
Locatim r llkban X 1 Suburl>a~r 1 Rural T Prooertv Values X llncreasino r 1 Stable r lDeclinina PRICE AGE One-Unit 70 %
.. Bum-Up rxlOver 75% 1 25-75% r 1 Under 25% I DemandlSuoolv I I Shortaae I X 110 Balance I lOver S.""", $10(0) -~';i 24 Un~ 5 %
. Growth r 1 Raoid xl Stable I 1 Slow I Marketing Time I X I Under 3 mths I I J.<) m1l1s I lOver 6 mils Mulb-Family
.. 125 Low 35 5 %
Nelohbortlood Boundaries THE SUBJECT IS LOCATED BETWEEN SIMPSON FERRY ROAD AND 225 Hioh 65 Commercial 10 %
.. . GETTYSBURG ROAD AND BETWEEN ST. JOHNS ROAD AND ALLENDALE WAY. 180 Pred. 45 Other 10 %
.. Nelohborhood Descriotion THE SUBJECT NEIGHBORHOOD CONSISTS OF MAINLY RESIDENTIAL DWELLINGS OF SIMILAR AGE AND
CONSTRUCTION. THE LOCALE IS WITHIN A SHORT COMMUTE TO DESIRED AMENTIES. THE CAPITOL CITY OF HARRISBURG IS
WITHIN A TEN MINUTE COMMUTE. NO ADVERSE MARKETABILITY FACTORS NOTED.
Market Conditions (inciudino sUOOOr! forlhe above condusionsl CURRENT MARKET CONDITIONS ARE GOOD. AS MORTGAGE INTERSET RATES
ARE AVAILABLE IN THE 6% RANGE. SELLER CONCESSIONS ARE TYPICAL WITH VA AND FHA FINANCING.
Dimensions AS PER PUBLIC RECORD Area .20 ACRE Shaoe Rectanoular View RESIDENTIAL
Specific Zonina Classification SINGLE FAM RES Zonina Descriotion RESIDENTIAL USE
ZOnlna Comoliance IX 1 Loaaf r 1 Loaal Nonconformina tGrandfathered USg) I I No Zonino I IIII00al (dgserioo\
Is the hlahest and best use of subiect orooerlv as improved (Of as proposed per olans and specificationsl the present use? X IVes I TNo ff No, deSCllbe.
Utilities Public other I desCrIbe) Public 01l1er (describe \ I Off-site Imorovements- Tvoe Public Private
Eleclliatv IX 1 1 Water Ixl I I I Street Asnhalt rxl I I
Gas I 1 1 Sanitarv Sewer Ixl I I I Allev r 1 I I
FEMA S~lal Flood Hazar~ AIea T Tves XTNo FEMAFIoodZone ZONE C FEMA Map # 420369 FEMA Man Date 3-15-79
Are the utilities and/or off-site imlll'ovements t;;;;;cal for the market area? I X I Yes I I N() ~ No, describe.
Aie (here ariv-iIdve<Se sReCondltions ()f exieinaJf,idOis (eaSements, er.croaa.ments, enviiUr1inen1il1 CondilioflS, land uses, elcl?' r I Yes fx 1 No IrYes, dtiSal5e.
THERE WERE NO ADVERSE EASEMENTS. ENCROACHMENTS OR ENVIRONMENTAL CONDITIONS HOWEVER THE APPRAISER IS
NOT AN ENVIRONMENTAL RISK SCREENER OR AUDITOR
~,.,.. -'. "!'. ,"'<'",~ ---""" --""";';~
Un~s r X lone r lOne wi1l1 AccesSOlV Un~ 1 Concrete Slab I ICrawl Space Foundation Walls CONCRETElAVG Floors HW/CARP/AVG
# of Stones TWO 1 Full Basement I X Ipartial Basement Extelior Walls BRICKlFRMlAVG Walls PLAS/DWAUAVG
T voe r xl Det r 1 Alt. r 1 S-DetlEnd Unit Basement Area 616 SQ. It Roof Surface SHINGLElAVG TrimlFinlSh Wood/AVG
X IExistino I . I Prooosedl IUnder Cons! Basement Finish 0 % Gutters & MetallAVG Bath Floor VINYlIAVG
Desion ISMe) SPI I IOutside En1 /Exitl Isumo Pumo W!lldow T voe ''''''VI Ba1l1 Wainscot TILElPLAS/AVG
Year BUln 1970 Evidence of I Infestation Storm Sashllnsulaled THERMO/AVG Car Slorane I I None
Effective Ane IVrs\ 14-18 YEARS -1 Damoness 1 Settlement Screens EXISTING/AVG r Xl Drivewav # of Cars MUL
Attic None Healinnl IFWA IHWssll X IRadiant Amenities Woodstove(s) # Drivewav Surface Asnhalt
1 Droo Starr Stairs 10ther IFuel Elec. X lFieolacelsl # 1 Fence X1Ga""'" # of Cars 1
I Floor X Scuttle Cooli"" I X central Air Conditioning X lPatiolOed< CV P Porch I C'",mnrt # of Cars
i f1 Finished Heated llndividuail I lather lPool Other lAIt I 1 Det r xl BUlllin
Appliances r 1 Refriaerator r xl Ranae/Oven r X lDishwasherl X IOisoosa11 I Microwavel I Washern:lrver r lother (describe)
Flnlshedarea ab'?~~Jl'"d~"""l<l'ns' ,J. __~__ 3 Bedroom, 2F 1H Balh(') 1660 Square~tofGrossLlVlng~.ai>.tl<:lve(J.r:ade
.. Addih"",1 f~.h",'" (,,,,,,,i.1 """my ~ffiri~nt ~~ms, ~tc) COVERED REAR PATIO, WINDOWS REPLACED WITH VINYL CLAD THERMOPANFS
.
. De~lbe the condmon of the nronertv IInciudlnn needed renalrs, deterioration renovalkms refl1odelll1'J. elt )
THE 5UB.JFCT PROPETY 15 CONSIDERED IN
OVERALL AVERAGE CONDITION AS SIGNIFICANT IMPROVEMENTS AND MAINTENANCE PROCEDURES HAVE BEEN
SATISFACTORILL Y COMPLETED. NO MAJOR REPAIRS OR MODERNIZATIONS ARE REQUIRED FOR FAVORABLE MARKETABILITY
Are there anv phvs.cal deficiencies or adverse conditions that affecI the Iivab~jty. soundness, or structural integrity of the orooertv? livesT X TNo ~ Yes, describe
THERE WERE NO OBVIOUS PHYSICAL ADVERSE CONDITIONS NOTED UPON INSPECTION, HOWEVER THE APPRAISER IS NOT A
HOME INSPECTOR OR STRUCTURAL ENGINEER.
Docs the orooertv aenerallv confmm to 1I1e nelOhbortlood-tfurleoonal utility, style, condition, use, construction, etc.\? I X I Yes I I No ~ No, describe THE SUBJECT
CONFORMS TO THE NEIGHBORHOOD. THE MAJORITY OF THE HOMES WITHIN THE NEIGHBORHOOD ARE DETACHED SINGLE
FAMILY DWELLINGS.
Freddia Mac Fonm 70 March 2005
ClitkrORMS Ap~I"i.,,1 Suflw",,, 800-622-8727
Fannie Mae Fonm 1 DO-1 March 2005
1""9" 1 vf 13
CONNOR GROUP
File No. FISCELLA
Case No
Uniform Residential Appraisal Report
o There are 2 comoarable orooerlies currentlv offered for sale in tlhe subiecl neiohborhood ranaing in mice from $ 165,000 10 $ 210,000
There are 5 comcarable sales in the su 'eet neiohborhood within the cast twelve months ranaina in sale mice \rom $ 165 000 10$ 210 000
FEATURE I SUBJECT COMPARABLE SALE # 1 COMPARABLE SALE # 2 COMPARABLE SALE # 3
; Address 304 GLENDALE DRIVE 33 S. WEST AVENUE 302 W. GREEN STREET 5 RUPP AVENUE
J&PA17011 SHIREMANSTOWN PA 17011 SHIREMANSTOWN PA 17011 SHIREMANSTOWN, PA 17011
Proxlmitv 10 Subiect 0.21 MI WSW 0.11 MI NNW 0.22 MI N
Sale Price 1$ N/A 180 000 ~'$ .. ~ 204000 17 5 000
Sale PricelGross Liv. Area $ 000 . fl. $ 106.70 108.34 50" $ 11792 sofl
Data Source(s) PubLIC RECORDS PubLIC RECORDS PubLIC RECORDS
Venfication Source(s) MULTI LIST MULTI LIST MULTI LIST
VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION .(-) $ Adiuslmen DESCRIPTION .(-) $ Adiustment DESCRIPTION +(-) $ Adjuslmen
Sale or Finandoo CONY CONY CONY
Concessions 25 DA YS/MRK lDAY/MRK lDAY/MRK
Date of SalelTime 10-28-2D05 +720C 11-15-2005 +8 DOC 8-5-2005 +8,30(
Location SUBIAVG SUB/AVG SUB/AVG SUBIAVG
Leasehold/Fee Simole Fee Simole Fee Simole Fee Simole Fee Slmole
Site .20 AC/AVG .19 AC/AVG 21 ACIAVG .18 AC/AVG
View RESIDENTIAVG RESIDENTlAVG RESIDENT/AVG RESIDENT/AVG
DeSlan ISMe) SPLIT LEVIAVG SPLIT LEVIAVG SPLIT LEVIAVG SPLIT LEV/AVG
: Qualitv of Construction BRKlFRM/AVG BRKlFRMlAVG BRKlFRMlAVG BRKlFRMIAVG
, Actual Ace 36 YEARS EST 41 YEARS EST 43 YEARS EST 44 YEARS EST
Condition A veraae A veraae Averaae Averaae
Above Grade 12tal I Bdrmsl Baths Total IBdnmsl Baths Total fBdms I Baths - cIola/ BT}.JlaJlls... ----- ----
Room Count 7 I 3 12F lH 7 I 3 12F 1 H 8 I 4 I 2.50 7 3 2F lH
. Gross Livino Area 1660 so. fI 1687 so. fl. -54C 1883 so. fl. -4 46( 1484 so ft +3.52C
Basement & Finished PART BASE PART BASE PART BASE PART BASE
Rooms Below Grade UNFINISHED UNFINISHED UNFINISHED REC RM BR -3,00(
Functional Ulilitv Averaae Averane Averane A verane
Heatlna/Coolina EUCA EUCA OIUCA OIUCA
Enemv Effidenl Items ThERMO WIND thERMO WIND STORM WIND ThERMO WINO
GaraQe/Caroort 1 CAR GAR BTN 1 CAR GAR BTN 1 CAR GAR BTN 1 CAR GAR BTN
PorchlPatiolDeck COY PATIO PATIO +50( FLNSUNIRM -3,00( PATIO +50(
FIREPLACE 1 FIREPLACE 1 FIREPLACE 1 FIREPLACE 1 FIREPLACE
NEW /KIT/BA THS -14.50C
Net Adlustment IT otan rxl.fl- $ 7160 fl.rxl- $ -13960 xl .r 1 - $ 9320
!io Adjusted Sale Pnce Net Adj: 4% Net Adj -7% Net Adj: 5%
. . of Comoarables Grass Alii : 5% $ 187160 Gross Adi: 15% S 190040 Gross Adi: 9% S 184320
. I I X I did I I did not researdl the sale or !ransler historv of the subiect orooertv and comcarable sales. If not, eXD lain RECENT TRANSFER OF THE SUBJECT
NOTED.
. I did I X I did not reveal anv mior sales or transfers of the s for the three vears nnor to tlhe eflec1ive date of this aooraisat
My research
Data sourte(s COURTHOUSE
My researdl I did I X I dId not neveal any onor sales or transters at the comparable sales tor the year Dnor to the date at sale of tlhe comnarable sale
Data source(s COURTHOUSE MUtTI tlST ,~_. .'.' ..' ., .. .
Report the results of tlhe neseardl and anatvsis of the orior sale or transfer historv of tlhe subiect orooertv and r"""""rabIe sales Ir"""rt additional nrior sales on nane 3)
ITEM SUBJECT COMPARABLE SALE # 1 COMPARABLE SALE # 2 COMPARABLE SALE # 3
Date of Prior SalelT ransfer NO SALE IN THE NO SALE IN LAST NO SALE IN LAST NO SALE IN LAST
Pnce of Prior SaleJT ransler LAST THREE YEARS YEAR YEAR YEAR
Data Source(s) COURTHOUSE COURTHOUSE COURTHOUSE COURTHOUSE
Effective Dale of Data Source(s) 11-8-2006 11-8-2006 11-8-2006 11-8-2006
Analvsis at Drior sale or transfer historv of the subiect orooertv and comDarable sales NO RECENT TRANSFERS NOTED.
Summa,,! of Sales Cornpanson Approach ALL SALES ARE DETACHED DWELLINGS SITUATED WITHIN THE SAME MARKET AREA
FOR SEARCH PURPOSES NOTED ABOVE, REGARDING LISTINGS I SALES, THE NEIGHBORHOOD WAS CONSIDERED DETACHED
DWELLINGS IN SHIREMANSTOWN, AS REPORTED BY THE CENlRAL PENN MULTI LIST, SPECIFICALLY AREA 6
---~._-~.'~- '~'"... . ,...., . ..--....-.-.--.,.-, ----- ,- ~~---" .._-~ --
IndIcated Value bv Sales Comoanson AoDroach $ 187.000
Indicated Value bv' Sales Comoarison Aooroach $ 187 000 Cost Aooroach lif develooodl $ 48 000 Income AoDroach lit develooedl S N/A
THE COST APPROACH AND INCOME APPROACH WERE NOT CONSIDERED APPLICABLE FOR THIS APPRAISAL
this appraisal IS made ~ "as is,. U subject to completion per plans and specifications on tlhe baSiS of a hypotlhetical condrtion that the improvements have been
completed, 0 subject to the lollowing repairs or alterations on the basis 01 a hypothetical condition that the nepairs or allerations have been completed, or 0 subfecl to the
lulluwill" l""Uill;d ill>uectiUlI """"d UII U", e,I1aUltJillalv a"ollloIiUlIII",1 U", wfldiliufl Ul denae",;v dues lIullequile allelaliUlI UI leUdi!.
Bam on a complete visual inspection of tlhe interior and exterior areas of the subject property, defined scope of work, statement of assumptions and limiting
conditions, and appraiser's certification, my (our) Opinion of the market value, as defined, of the neal property that is the subject of this report IS
$ 187 000 a. of OCTOBER 29 2006 , which i. the date of io.oeclion and the effective date of this annrai.al.
Click FORMS Appraisal Software 800-G22-8727
Fel111le Mile F<>>1I11004 Merch 7005
Page 2 of 13
Freddie Mac Form 70 Marr.h 7005
CONNOR GROUP
Uniform Residential APoraisal Reoort
THIS IS A COMPLETE SUMMARY REPORT.
File No. FISCELLA
Case No
. THE SUBJECT IS AN DETACHED SPLIT LEVEL STYLE DWELLING SITUATED IN A MAINLY RESIDENTIAL LOCALE OF
SHIREMANSTOWN.
,DUE TO THE LACK OF RECENTLY TRANSFERRED SIMILAR DWELLINGS WITHIN THE SUBJECTS IMMEDIATE NEIGHBORHOOD,
"IT WAS NECESSARY TO EXCEED RECOMMENDED TIME AND DISTANCE GUIDELINES
THE SUBJECT AND ALL SALES ARE DETACHED DWELLINGS LOCATED WITHIN THE SAME MARKET AREA AND SCHOOL
DISTRICT.
. ADJUSTMENTS:
'AS A PORTION OF THE SELECTED COMPARABLES TRANSFERRED NEAR OR OVER SIX MONTHS AGO, A MINIMAL 4% ANNUAL
;, TIME ADJUSTMENT WAS APPLIED TO REFLECT THE MARKETS REACTION. DUE TO NEAR RECORD LOW MORTGAGE
INTEREST RATES REAL ESTATE IN THIS LOCALE HAS EXPERIENCED SIGNIFICANT APPRECIATION. THE CENTRAL PENN
MULTI LIST REPORTED OVER AN 8% APPRECIATION RATE FOR 2005.
~GROSS LIVING AREA ADJUSTMENTS WERE BASED UPON TWENTY DOLLARS PER SQUARE FOOT.
~ THE REMAIING ADJUSTMENTS WERE BASED UPON THE MARKETS REACTION TO THE DIFFERING AMENITIES AND
:CONDITIONS.
.. -----------.---
IF ADDITIONAL INFORMATION OR DOCUMENTATION IS REQUIRED, PLEASE CONTACT ME.
RESPECTFULLY SUBMITTED
'MICHAEL CONNOR
Provide adequate i~fomla~n for ~ lender/client to reoticate your cost fiaures and calculations
Support for the aniruon of srte value (summary of oomoarable land sales or other methods for estimalina srte value)
RESTIMATED I -I REPROOl!CTlbNOR r lREPLACEM!:NTcOSTNEW
rei Source of cost data
f.-i: Qualrtv ratino 110m cost service Effective date of cost data
~ Comments on Cost Aooroach (oross livino area calculations, depreciation, etc.l
OPINION OF SITE VALUE
Dwellino 1 660
Bsmt 616
-So Ft (jjJ $
. So Ftliil $
-$
=$
=$
48 000
Garaoe/Carnort
Total Estimate of Cost-new
less Phvslcal 29 I FU!ldi:Jna/
Deoreciation I
Deoreciated Cost of Imorovements
. ^' is. Valuo of Sito Imorovemenls
So Ft t1il $
=$
=$
I External
I
=$ (
-$
-$
Estimated Remainina Economic life (HUD and VA onlvl
35-45
Year IndiCated Value Bv Cost Aooroach
=$
48 000
f~;..;,. ~~;ks,<=~~~€Z~JfiJ!~~
fit Estimated MonthlY Market Rent $ X Gross Muttiolier
m Summary of Income Aooroach (includirlll support for rnaf1(et rent and GRM)
=$
Indicated Value bv Income Aooroach
~'.' " "',.," " ' '~ ,-
j, II,. d.V"lopetlbui~""'i"-WllliOI o( u;.. Ho"=;"'r'~ ~on '(HOA)? r '1 y~, r "1 No Unit type{,) I '1 Detached'''-[]~~ed
Provide the follOWlno Infonnellon for f'UD~ ONLY if the dcveloocr/buildcr i, in control of the HOA ond the ~ubicct nropenv b an attaahcd clwoll,na unit
leoal Name of Proiect
Total number of phases Total number of uruts Total number of unrts sold
~ Total number of uruts rented Total number of units for sale Data source(s)
Was the proiect created bv the conversion of existino buildinols) into a PUD? r lYes r 1 No If Yes date of conversion.
Does the proiect contain any multi-dweUina unrts? I I Yes I I No Data source.
.:;,; Are the unrts, common elements, and recreation facilities comolete? I IYes I I No If No, describe the status of comoletion.
~
~
IAre the common elements leased to or bv the Homeowner's Association? I IYes I I No <<Yes, desctibe the rental terms and nnlions
Describe common elements and recreational fac~lties.
Click FORMS Appraisal Software 800-622-8727
Fannie Moo FOflTl 1004 March 2005
Page 3 of 13
FreddIe Mac Fonn 70 March 2005
CONNOR GROUP
EXTRA COMPARABLES 4-5-6
File No. FISCELLA
Case No
Borrower FISCELLA
Properly Address 304 GLENDALE DRIVE
City SHIREMANSTOWN County
LenderlClient NIA
CUMBERLAND State
Address NIA
PA
Zip Code
17011
FEATURE I SUBJECT I COMPARABLE SALE # 4 COMPARABLE SALE # 5 COMPARABLE SALE # 6
Address 304 GLENDALE DRIVE 310 S. BROAD STREET 1102 BALDWIN STREET
~PA17011 MECHANICSBURG MECHANICSBURG
ProXlmitv to S,m;,.ct 3.1 MIW 1.4 MIWSW
Sale Pnce $ NIA 179900 197.000 $
Sale Price/Gross LN. Area $ 0.00 . ft. $ 138.81 ,n ft $ 97.24 sa. It $ "'ft
Manufactured Home T TYes [xl No r lYes [xl No r lYes r 1 No
Data Source(sl PubLIC RECORDS PubLIC RECORDS
Verification Source/sl MULTI LIST MULTI LIST
VALUE ADJUSTMENTS DESCRIPTION +(-) $ Adiuslmen DESCRIPTION +(-) $ Adiustment DESCRIPTION +(,) $ Adlustmen
Sale or Financino CONY CONY
Concessions 4 DAYS/MRK 3 DA YSIMRK
Date of Salemme 8-25-2006 2-3-2D06 +5.800
Location SUB/AVG SUBIAVG SUBIAVG
LeaseholdlFee SimPle Fee Simole Fee Simole Fee Simole
Site .20 ACIAVG .24 AC/AVG ~4 ACIAVG --~._~
----~ "--.- .-~---- ---
View RESIDENTIAVG RESIDENTIAVG RESIDENTIAVG
Desion (StvIe) SPLIT LEVIAVG SPLIT LEVIAVG SPLIT LEVIAVG
Qualitv af Construction BRKlFRM/AVG BRKlFRMlAVG BRKlFRM/AVG
Actual Ace 36 YEARS EST 49 YEARS EST 42 YEARS EST
Condition A veraae Averaoe Averaae
Above Grade Total Bdmls. [ Baths Total IBdnnsl Baths Total IBdnnsJ Baths Total IBdnns] Baths
Room Count 7 3 12F lH 5 I 3 I 1.00 +500r 8 I 4 I 2.50 I I
Gross UvIOO Area 1660 sa. ft. 1.296 sa ft. +728C 2.026 "" ft. -7.32C sa ft.
Basement & Finished PART BASE PART BASE PART BASE
Rooms Below Grade UNFINISHED FAM RM BR BT -75OC BR -5QC
Functional UtilitY A verane Averaoe Averaoe
HeabnalCoolino EUCA OIUCA OIUCA
Enerov Effident Items thERMO WIND thERMO WIND thERMO WIND
GaraoelCaroort 1 CAR GAR BTN 1 CAR GAR BTN 1 CAR GAR ATT 100C
Porcl1lPabolDeck COY PATIO PATIO +50C SCR POR -10or
FIREPLACE 1 FIREPLACE o FIREPLACE +l.00C 1 FIREPLACE
.
Net Adiustment IT otan rxl + I I, $ 6,280 r l+rxl- $ -4,020 rxl+r 1- $ 0
Adjusted Sale Price Net Adj: 3% NeIAdj>2% Net Adj: -7%
. of Comoarables Gross Adi : 12% $ 186180 Gross Adj: 8% $ 192 980 Gross Ad;: 12% $ 0
Reoort the results of the research and ana~ of theDfiOfs.1e or transfer historv of the sub' and comnarable sales
ITEM SUBJECT COMPARABLE SALE # 4 COMPARABLE SALE # 5 I COMPARABLE SALE # 6
Date of Prior Sale/Transfer NO SALE IN THE NO SALE IN LAST NO SALE IN LAST
Pnce of Prior Salerr raosler LAST THREE YEARS YEAR YEAR
Data Sourcels) COURTHOUSE COURTHOUSE COURTHOUSE
Effective Date of Data Sourcels) 11-8-2006 11-8-2006 11-8-2006
Analysis of prior sale or transfer historv of the subiect Drooertv and comparable sales
~'____~_~__.'C___"_'_'_~.._'__._'''__''__ ,~_,,_"_'_~_..__ --~-_._-_._---_.~,--------~--~----~---- -~~_.~~_._-- ,.- - --~~._.__.~-
Summary of Sales Cornpanson A'pp!"!'.ch_~.. ._"____ -,,~- .........- '''.'-_.._"-~'--.~..._- . ~ ..-... ._.~._.~_....-._--- . -.-.---,-.-..------ .~_._---- . ___ , n._ _____~
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CONNOR GROUP
Uniform Residential Appraisal Report
File No FISCELLA
Case No
This report form is designed to report an appraisal of a one-unit property or a one-unit property with an accessory Unit;
Including a unit in a planned unit development (PUD). This report form IS not designed to report an appraisal of a
manufactured home or a Unit in a condominium or cooperative project.
This appraisal report is subject to the following scope of work, intended use, intended user, definition of market value,
statement of assumptions and limiting conditions, and certifICations. Modifications, additions, or deletions to the intended
use, intended user, definition of market value, or assumptions and limiting conditions are not permitted The appraiser may
expand the scope of work to include any additional research or analysis necessary based on the complexity of this appraisal
assignment Modifications or deletions to the certifications are also not permitted. However, additional certifications that do
not constitute material alterations to this appraisal report, such as those required by law or those related to the appraisers
continuing education or membership in an appraisal organization, are permitted.
SCOPE OF WORK: The scope of work for thiS appraisal is defined by the complexity of this appraisal assignment and the
reporting requirements of this appraisal report form, including the followmg definition of market value, statement of
assumptions and limiting conditions, and certifications. The appraiser musl. at a minimum: (1) perform a complete visual
Inspection of the interior and exterior areas of the subject property, (2) inspect the neighborhood, (3) inspect each of the
comparable sales from at least the street, (4) research, verify, and analyze data from reliable public and/or private sources,
and (5) report his or her analYSIS, opinions, and conclusions in this appraisal report.
INTENDED USE: The intended use of this appraisal report is for the lender/client to evaluate the property that is the
subject of this appraisal for a mortgage finance transaction.
INTENDED USER: The intended user of this appraisal report is the lender/client
DEFINITION OF MARKET VALUE: The most probable pnce which a property should bring in a competitive 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 (1) buyer and seller are typically motivated; (2) both
parties are well informed or well advised, and each acting in what he or she considers his or her own best interest; (3) a
reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U. S. dollars or In terms
of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold
unaffected by special or creative financing or sales concessions. granted by anyone associated with the sale.
. Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are
necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are
readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing
adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional
lender that IS not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical
dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's
reaction to the financing or concessions based on the appraisers judgment
STATEMENT OF ASSUMPTIONS AND LIMITING CONDITIONS: The appraiser's certification in this report IS
subject to the following assumptions and limiting conditions'
1 The appraiser will not be responSible for matters of a legal nature that affect either the property being appraised or the title
to it, except for information that he or she became aware of during the research involved in performing this appraisal. The
appraiser assumes that the title is good and marketable and will not render any opinions about the title
2 The appraiser has provided a sketch in this appraisal report to show the approximate dimensions of the improvements.
The sketch is included only to assist the reader in visualizing the property and understanding the appraiser's determination
of its size.
3 The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency
(or other data sources) and has noted in this appraisal report whether any portion of the subject site is located in an
identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or
implied, regarding this determination.
4 The appraiser will not give testimony or <!ppe<!1 in GOulll.Jecause he or she made an appraisal ot the property In quesllon,
unless speCific arrangements to do so have been made beforehand, or as otherwise required by law.
~. I he appraiser has noted In thiS appraisal report any adverse conditions (such as needed repairs, deterioration, the
presence of hazardous wastes, toxic substances, etc) observed during the inspection of the subject property or that he or
3he became aware of durinllthe re~""'rch involved In performonQ thl~ appra!~al. Unle~~ otherwl~e ~tateo in thl~ apprai~1
report, the appraiser has no knowledge of any hidden or unapparent physical deficiencies or adverse conditions of the
property (such as, but not limited to. needed repairs, detenoratlon, the presence of hazardous wastes, toxic substances,
adverse environmental conditions, etc.) that would make the property less valuable, and has assumed that there are no such
conditions and makes no guarantees or warranties, express or implied. The appraiser will not be responsible for any such
conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist.
Because the appraiser IS not an expert in the field of environmental hazards, this appraisal report must not be considered as
an environmental assessment of the property.
6 The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory
completion, repairs. or "Iterations on the assumption that the completion, repairs, or alterations of the subject property will
be performed in a professional manner.
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Fannie Mae Form 1004 March 2005
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Freddie Mac Form 70 March 2005
CONNOR GROUP
Uniform Residential Appraisal Report
File No. FISCELLA
Case No
APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that
1. I have, at a minimum, developed and reported this appraisal in accordance with the scope of work requirements stated in
this appraisal report.
2. I performed a complete visual Inspection of the intenor and exterior areas of the subject property. I reported the condition
of the improvements in factual, specific terms, I identified and reported the physical deficiencies that could affect the
livability, soundness, or structural integrity of the property
3. I performed thiS appraisal In accordance with the requirements of the Uniform Standards of Professional Appraisal
Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were In
place at the time this appraisal report was prepared.
4. I developed my opinion of the market value of the real property that is the subject of this report based on the sales
comparison approach to value. I have adequate comparable market data to develop a reliable sales comparison approach
for this appraisal assignment I further certify that I considered the cost and income approaches to value but did not develop
them, unless otherwise indicated in this report.
5. I researched. verified, analyzed, and reported on any current agreement for sale for the subject property, any offering for
sale of the subject property in the twelve months prior to the effective date of this appraisal, and the prior sales of the subject
property for a minimum of three years prior to the effective date of this appraisal, unless otherwise indicated in this report
6. I researched, verified, analyzed, and reported on the prior sales of the comparable sales for a minimum of one year prior
to the date of sale of the comparable sale, unless otherwise indicated in this report.
7. I selected and used comparable sales that are locationally, physically, and functionally the most similar to the SUbject property.
8 I have not used comparable sales that were the result of combining a land sale with the contract purchase price of a home that
has been built or will be built on the land.
9 I have reported adjustments to the comparable sales that reflect the market's reaction to the differences between the subject
property and the comparable sales.
10, I verified, from a disinterested source, all information in this report that was proVided by parties who have a financial Interest In
the sale or financing of the subject property.
11 I have knowledge and experience in appraising this type of property in this market area.
12. I am aware of. and have access to, the necessary and appropriate public and private data sources, such as multiple listing
services, tax assessment records, public land records and other such data sources for the area in which the property is located
13. I obtained the information, estimates, and opinions furnished by other parties and expressed in this appraisal report from
reliable sources that I believe to be true and correct.
14. I have taken into consideration the factors that have an impact on value with respect to the subject neighborhood, subject
property, and the proximity of the subject property to adverse influences in the development of my opinion of market value I
have noted in this appraisal report any adverse conditions (such as, but not Iimiled to, needed repairs, deterioration, the
presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) observed during the inspection of the
subject property or that I became aware of during the research involved in performing this appraisal. I have considered these
adverse conditions in my analysis of the property value, and have reported on the effect of the conditions on the value and
marketability of the subject property.
15. I have not knowingly withheld any significant information from this appraisal report and, to the best of my knowledge, all
statements and information in this appraisal report are true and correct.
16 I stated In thiS appraisal report my own personal, unbiased, and profeSSional analYSIS, opiniOnS, and conclUSions, which
are sublect only to the assumptions and Iimiling conditions in this appraisal report
17. I have no present or prospective interest in the property that is the subject of this report. and I have no present or
prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or
completely, my analysis and/or opinion of market value in this appraisal report on the race, color, religion, sex, age, marital
status, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the
present owners or occupants of the properties in the vicinity of the subject property or on any other basis prohibited by law.
18. My employment and/or compensation for performing this appraisal or any future or anticipated appraisals was not condllroned
on any aareement or Understanding, wrttten or otnerwlse, that I WOUld report (or present analysiS supporting) a predetermined speCifiC
value, a predetermined minimum value, a range or direction in value, a value that favors the cause of any party, or the attainment of a
specific result or occurrence of a specific subsequent event (such as approval of a pending mortgage loan application)
19. I personally prepared all conclusions and opinions about the real estate that were set forth in this appraisal report. If I relied on
significant real property appraisal assistance from any individual or individuals in the performance of this appraisal or the
preparation of this appraisal report, I have named such individual(s) and disclosed the specific tasks performed in this appraisal report
I certify that any individual so named is qualified to perform the tasks I have not authorized anyone to make a change to any ilem
in this appraisal report; therefore, any change made to this appraisal is unauthorized and I will take no responsibility for it
20. I identified the lender/client in this appraisal report who is the individual, organization, or agent for the organization that
ordered and will receive this annraisal renort.
Freddie Mac Form 70 March 2005
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Fannie Mae Form 1004 March 2005
Page 6 of 13
CONNOR GROUP
File No. FISCELLA
Case No
nI orm eSI entia \ppraisal eport
21. The lender/client may disclose or distribute this appraisal report to: the borrower: another lender at the request of the
borrower; the mortgagee or its successors and aSSIgns; mortgage insurers; government sponsored enterprises; other
secondary market participants; data collection or reporting services; professional appraisal organizations; any department,
agency, or instrumentality of the United States: and any state, the District of Columbia, or other jurisdictions: without having to
obtain the appraiser's or supervisory appraiser's (if applicable) consent Such consent must be obtained before this appraisal
report may be disclosed or distributed to any other party (including, but not limited to, the public through advertising, public
relations, news, sales, or other media)
22. I am aware that any disclosure or distribution of this appraisal report by me or the lender/client may be subject to certain
laws and regulations Further, I am also subject to the provisions of the Uniform Standards of Professional Appraisal Practice
that pertain to disclosure or distribution by me.
23. The borrower, another lender at the request of the borrower, the mortgagee or its successors and assigns, mortgage
insurers, government sponsored enterprises, and other secondary market participants may rely on this appraisal report as part
of any mortgage finance transaction that involves anyone or more of these parties.
24. If this appraisal report was transmitted as an "electronic record" containing my "electronic signature: as those terms are
defined in applicable federal and/or state laws (excluding audio and video recordings), or a facsimile transmission of this
appraisal repor1 containing a copy or representation of my signature, the appraisal report shall be as effective, enforceable and
valid as if a paper version of this appraisal report were delivered containing my original hand written signature.
25. Any intentional or negligent misrepresentation(s} contained in this appraisal repor1 may result in Civil liability and/or
criminal penalties including, but not limited to, fine or imprisonment or both under the provisions of Title 18. United States
Code, Section 1001, et seq., or similar state laws.
SUPERVISORY APPRAISER'S CERTIFICATION: The Supervisory Appraiser certifies and agrees that.
1. I directly supervised the appraiser for this appraisal assignment, have read the appraisal report, and agree with the appraiser's
analysis, opinions, statements, conclusions, and the appraiser's certification.
2 I accept full responsibility for the contents of this appraisal report including, but not limited to, the appraiser's analysis, opiniOnS,
statements, conclusions, and the appraisers certification.
3. The appraiser identified in this appraisal report is either a sub-contractor or an employee of the supervisory appraiser (or the
appraisal firm), is Qualified to perform this appraisal, and is acceptable to perform this appraisat under the applicable state law.
4 This appraisal report complies with the Uniform Standards of Professional Appraisal Practice that were adopted and
promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal
report was prepared
5. If this appraisal report was transmitted as an "electronic record" containing my "electronic signature," as those terms are
defined in applicable federal and/or state laws (excluding audio and video recordings), or a facsimile transmission of this
appraisal report containing a copy or representation of my signature, the appraisal report shall be as effective, enforceable and
valid as if a paper version of this appraisal report were del.ivered containing my original hand written signature.
APPRAISER - ~UL SUPERVISORY APPRAISER (ONLY IF REQUIRED)
Signature Y!JJJ Signature
Name MICHAEL CONNOR Name
Company Name CONNOR GROUP Company Name
Company Address 3330 DERRY STREET Company Address
HARRISBURG, PA 17111
Telephone Number 717 -561-8587 Telephone Number
Email Address C21CONNOR@.AOLCOM Email Address
Date of Signature and Report NOVEMBER 8, 2006 Date of Signature
Effective Date of Appraisal OCTOBER 29, 2006 State Certification #
State Certification # RL-000794 L or Slate License #
or State License # State
or Other (describe) State # PA Expiration Date of Certification or License
State
Expiration Date of Certification or Licen6e 6/2007
SUBJECT PROPERTY
ADDRESS OF PROPFRTY APPRAISED
304 GLENDALE DRIVE 8 Did not inspect subject property
SHIREMANSTOWN, PA 17011 Did inspect exterior of subject property from street
Date of Inspection
APPRAISED VALUE OF SUBJECT PROPERTY $ 187,000 o Did inspect interior and exterior of subject property
LENDER/CLIENT Date of Inspection
Name
Company Name N/A COMPARABLE SAlES
Company Address N/A o Did not inspect exterior of comparable sales from street
ODid Inspect exterior of comparable sates from street
Email Address Date of Inspection
U 'f
R 'd
. IA
R
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Fannie Mae Form 1004 Marcil 2005
Page 7 of 13
Freddie Mac Form 70 Mardl 2005
CONNOR GROUP
USPAP COMPLIANCE ADDENDUM
File No FISC ELLA
Case No
APPRAISER'S CERTIFICATION:
The following Certification statements are in addition to and may supercede the signed Appraiser's Certification attached to thiS appraisal report
This Appraiser's Certification is compliant with the current edition of the Uniform Standards of Professional Appraisal Practice
I certify that, to the best of my knowledge and belief:
The statements of fact contained in this report are true and correct
The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal.
Impartial, and unbiased professional analyses, opinions, and conclUSIons.
I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties Involved.
I have no bias with respect to the property that is the subject of this report or to the parties invoved with this assignment
My engagement in this assignment was not contingent upon developing or reporting predetermined results.
My compensation for completing this assignement is not contingent upon the development or reporting of a predetermined value or direction in
value that favors the cause of the client, the amount of the value opmion, the attainment of a stipulated result, or the occurrence of a subsequent
event directly related to the intended use of this appraisal.
My analyses, opinions, and conclusions were developed. and this report has been prepared, in conformity with the Uniform Standards of
Professional Appraisal Practice.
I 00 have D have not made a personal inspection of the property that IS the subject of this report. (If more than one person signs this certification.
the certification must clear1y specify which individuals did and which individuals did not make a personal inspection of the appraised property.)
No one provided significant real property appraisal assistance to the person signing this certification. (If there are exceptions, the name of each
individual providing significant real property appraisal assistance must be stated.)
PURPOSE, INTENDED USE, AND INTENDED USER OF THE APPRAISAL:
The purpose of the appraisal is to esfimate the market value of the subject property, as defined in this report, as of the effective date of this report.
The Intended use of the appraisal is to assist the client and any other intended users in the underwriting, approval, and funding of the mortgage loan
The Intended users of this report are the stated client and any other institutions involved in the underwriting, approval, and funding of the mortgage
loan. No one else, including the purchaser and seller, should rely on the estimate of value or any other conclusions contained in this appraisal report
ANALYSIS AND REPORT FORM:
The appraisal is based on the information gathered by the appraiser from public records, other identified sources, inspection of the subject property
and neighborhood, and selection of comparable sales, listings, and/or rentals within the subject market area.
The original source of the comparable data described in the Data Source section of the market grid along with the source of confirmallon provided,
where available, the original source is presented first The sources and data are considered reliable. When conflicting information was provided,
source deemed most reliable has been used. Data believed to be unreliable was not included in the report or used as a baSIS for the value
conclusion. The extent of the analysis to this assignment is stated in the AppraIser's Certification included above and attached to this report
DEFINITION OF INSPECTION:
The term "Inspection", as used in this report, is not the same level of inspection that is required for a "Professional Home Inspection" The appraiser
does not fully inspect the electncal system, plumbing systems, mechanical systems, foundation system, floor structure, or subfloor. The appraiser is
not an expert in construction materials and the purpose of the appraisal is to make an economic evaluation of the subject property. If the client
needs a more detailed Inspecllon ofthe property, a home inspection, by a Professional Home Inspector, is suggested,
DIGITAL SIGNATURES:
The signature(s) affixed to this report, and certification, were applied by the origmal appraiser(s) or supervisory appraiser and represent their
acknowledgements of the facts, opinions and conclusions found in the report Each appraiser(s) applied his or her signature electronically using a
password encrypted method. Hence these signatures have more safeguards and carry the same validity as the individual's hand applied signature.
If thf' rf'port has a haod-applied signature, this comment does not apply
OPINION OF MARKET VALUE VS ESTIMATE OF MARKET VALUE:
The current Uniform Standards of Professional Appraisal Practice defines the market value conclusion as an opinion of market value and not an
estimate of market value,
THREE YEAR SALES HISTORY FOR THE SUBJECT PROPERTY:
The apprai~llr ha~ complied with Standard~ Rule 1-5b and 2-2b (ix) requiring the appraiser to analyze and report all Mlf''' of thf' "Ilhw"t property
that occurred within the three (3) years prior to the effective date of the appraisal. If this Information was available to the appraiser(s), it IS reported
in the subject column of Sales Comparison Analysis section of the appraisal report
EXPOSURE PERIOD:
By studying the sales of similar comparable residential properties with value ranges as identified in the Neighborhood section of this report and
rrent neighborhood trends in the subject area, the appraiser feels that the exposure time tor the
e' g Ime identified in the Neighborhood section of this appraisal report.
~
discussions with individuals knowledgeable 0
, _.
subject prope~;' the ~tedlla
Signature I ~
t-l<!me. MICHAEL CONNOR
Date Report 3illlh,d NOVEMBER 8, 2000
State Certification # RL-000794-L
Or State License #
Signature
Name
Ddl" R"1JV11 Siull"d
State Certification #
Or State License #
DDid DDidNot
Inspect Property
State PA
State
Slate
State
Page 13 of 13
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REVOCABLE TRUST AGREEMENT
,r'~>
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.f:'_' [ '7 I '- f',
/)/}/O THIS REVOCABLE TRUST AGREEMENT (the "Agreement") made this
~ day of 5~6&< , 1994, by and among FRANK J. FISCELLA,
of 304 Glendale Drive, Shiremanstown, Cumberland County, 9/2-1 ( i If-
Pennsylvania, (the "Settlor" and "Trustee") and DEBORAH ANN
FISCELLA (individually the "Successor Trustee") .
WITNESSETH:
WHEREAS, Settlor desires to establish a revocable trust
under the terms and conditions hereinafter set forth; and
WHEREAS, Settlor desires to transfer assets to said trust at
this time.
NOW, THEREFORE, in consideration of the foregoing premises
and the covenants and promises herein contained, the parties
hereto, intending to be legally bound hereby, agree as follows:
1. TRUST PROPERTY. Settlor hereby actually and
constructively transfers and delivers to Trustee the property
listed on Schedule "A" attached hereto, which, together with any
additions thereto as hereinafter provided, shall constitute the
Trust Estate, and shall be held, administered and distributed as
provided in this Agreement.
2. TRUST NAME. This Agreement, as from time to time
amended, may be designated the "FRANK J. FISCELLA TRUST AGREEMENT
DATED SEPTEMBER 23, 1994," and the initial trust hereby
evidenced, as from time to time amended, may be designated the
"FRANK J. FISCELLA TRUST AGREEMENT DATED SEPTEMBER 23, 1994."
3. DISPOSITIVE PROVISIONS. Trustee shall invest and
reinvest the Trust Estate and shall distribute the net income
(the "Income") and principal thereof as follows:
A. During Settlor's lifetime, Trustee shall pay the
Income no less frequently than quarter-annually to her or for her
benefit and shall also pay to him such sums from principal as he
may direct in writing; PROVIDED, however that in the event of
Settlor's mental or physical incapacity, as certified to Trustee
by Settlor's personal physician, Trustee shall expend both Income
and principal to such extent and in such manner as she or he in
her or his discretion deems advisable for the welfare and
comfortable support of Settlor during suc}} period of incapacity.
Trustee is specifically authorized, in the event of such
incapacity, to continue Settlor's pattern of making gifts to
individuals and organizations.
B. Upon Settlor's death, Trustee shall distribute
funds from the Trust Estate to the personal representative of
Settlor's estate for the payment of expenses of Settlor's estate,
including, without limitation, taxes, funeral expenses, and
administrative expenses.
C. Upon Settlor's death and upon payment of expenses
pursuant to section J.B 01 this Agreement, Trustee shall
distribute the balance of the Trust Estate in equal shares to
such of the following persons as survive Settlor's death for a
period of thirty (30) days:
(1) Settlor's daughter, CHRISTINE CAROL TEBBANO,
or her issue, per stirpes;
(2) Settlor's son, JOHN ANTHONY FISCELLA, or
his issue, per stirpes; and
(3) Settlor's daughter, DEBORAH ANN FISCELLA, or
her issue, per stirpes
D. Should the principal of the Trust Estate, in the
sole opinion of the Trustee, be or become too small to warrant
placing or continuing of such fund in trust or should its
administration be or become impractical for any other reason, my
Trustee, in the exercise of her sole discretion, may then pay
such principal absolutely to any beneficiary hereunder or may
place said principal in the name of any beneficiary hereunder in
an interest bearing account in any bank, bank and trust company
or national banking association of her choosing, payable to such
beneficiary.
E. The interest of any beneficiary hereunder,
including a remainderman, in Income or principal, shall not be
subject to assignment, alienation, pledge, attachment or claims
of creditors until after payment has actually been made by
Trustee as hereinbefore provided.
F. Corporate distributions received in shares of the
distributing corporation shall be allocated to principal,
regardless of the number of shares and however described or
designated by the distributing corporation.
4. POWERS OF TRUSTEE. Except as otherwise specifically
provided herein or as Settlor may direct during administration of
-2-
the Trust Estate, Trustee shall hold and manage all real and
personal property held by him, together with any additions
thereto as hereinafter provided, upon the following terms and
conditions with the following powers and authorities, all in
addition to and not in limitation of those granted by law:
A. To take, hold or retain all or any part of the
Trust Estate hereby created in the form acquired as long as he
deems advisable and to receive all the Income, increments, rents
and profits thp-rp-from.
B. To sell, exchange, partition, lease, option or
otherwise dispose of any property or part thereof, real or
personal, which may at any time form part of this Trust Estate at
public or private sale for such purposes and upon such terms,
including sales on credit with or without security, in such
manner and at such prices as he may determine, including the
right to lease real estate for periods in excess of five years
and for a term expiring after the termination of any trust. In
the event of a sale, exchange, partition or lease of any of the
property of this Trust Estate, there shall be no liability on the
part of the purchase or purchasers to see to the application of
the purchase money, but the same shall be held and disposed of by
such purchase or purchasers, free and clear of any of the
provisions of this Agreement.
C. To continue any investments which may form a part
of this Trust Estate or to invest or reinvest the same in any
property, real or personal, of any kind or nature, including
stocks, bonds, mortgages, other securities and common trust funds
of Trustee without being limited or restricted to investments as
now or may hereafter be prescribed for trustees by the laws of
the Commonwealth of Pennsylvania or any other state.
D. To cause securities which may from time to time
comprise any part of this Trust Estate to be registered in her
name as Trustee or in the name of any nominee or to take and keep
the same unregistered and retain them or any part thereof in such
condition that they will pass by delivery without disclosing the
fact that the property is held in a fiduciary capacity.
E. To make any loans, either secured or unsecured, in
such amounts, upon such terms and such rates of interest and to
such persons, firms, or corporations as he deems advisable, and
to pay over to the Executor or Administrator of Settlor's estate
such sums as may be required for the purpose of the payment of
taxes, debts and administration expenses.
F. To retain the principal or corpus or any part
thereof of this Trust Estate in the form of cash.
-3-
G. To borrow money for any purpose in connection with
the administration of this Trust Estate; execute promissory notes
or other obligations for the amounts so borrowed and secure the
payment of any amount so borrowed by mortgage or pledge of any
rectI ur personctl property which may at any time form a part ot
this Trust Estate.
H. To vote, in respect to any securities which may at
any time form a part of this Trust Estate, upon any proposition
or election at any meeting and to grant proxies, discretionary or
otherwise; vote at any such meeting; to join in or become a part
of any reorganization, readjustment, merger, voting trust,
consolidation or exchange and to deposit any such securities wilh
any committee, depositary, trustee or otherwise and to payout of
this Trust Estate any fees, expenses and assessments incurred in
connection therewith and to charge the same to principal or
Income as he may see fit; to exercise conversion, subscription or
other rights, or to sell or abandon such rights and to receive
and hold any new securities issued as a result of such
reorganization, readjustment, merger, voting trust,
consolidation, exchange, or exercise of subscription, conversion
or other rights; and generally take all action in respect to any
such securities as he might or could do as absolute owner
thereof.
I. To retain or purchase policies of life insurance,
to pay premiums thereon from Income or principal and to exercise
all rights of ownership thereover.
J. In her discretion to allocate to either principal
or Income or between them any and all capital gains and taxes
which he may be required to pay on behalf of this Trust Estate.
K. To divide or distribute, whenever it is required
or permitted, this Trust Estate; to make such division or
distribution in kind or in money, or partly in kind and partly in
money; and that for such purposes the judgment of Trustee as to
the value of the different items shall be conclusive and final
upon the beneficiaries.
L. To hold and administer the Trust Estate created
hereby in one or more consolidated funds in whole or in part in
which the separate Trust Estate shall have an undivided interest.
M. To determine, in connection with making
investments, whether to amortize premiums in whole or in part.
N. To engage attorneys, investment counsel,
accountants, agents and such other persons as he may deem
advisable in the administration of this Trust Estate and to make
such payments therefor as he may deem reasonable and to charge
the expenses thereof to Income or principal as he may determine
-4-
and to delegate to such persons any discretion which he may deem
proper. Trustee shall not be liable for any negligence, omission
or wrongdoing of such counselor agents, providing reasonable
care was exercised in their selection.
O. Should the principal or Income of the Trust Estate
be payable to any person as to whom Trustee has actual knowledge
of a court adjudication of incompetency, or who Trustee, in her
discretion, determines is unable to act effectively on her UWn
behalf in financial matters, to use such princip~l or Income for
the benefit of such beneficiary, including, but not limited to,
the right to pay premiums for life, health, accident and any
other insurance.
P. To effect direct deposit of any retirement
benefits, Social Security benefits, or other regular monthly
payments into accounts maintained for the benefit of Settlor.
5. TRUSTEE.
A. During Settlor's lifetime and so long as Settlor
is mentally and physically competent, Settlor shall act as
Trustee. In the event of Settlor's mental or physical
incapacity, as certified by Settlor's personal physician, Settlor
appoints his daughter, DEBORAH ANN FISCELLA, to act as successor
Trustee. For the purpose of this Agreement, any reference to
Trustee shall be deemed to include any successor Trustee, who
without court order or act of transfer, shall have all the title,
power, and discretion granted to the original Trustee.
B. The powers granted in Section 4 of this Agreement
shall be in addition to those granted by law and may be exercised
even after termination of this trust until actual distribution of
the Trust Estate, but not beyond the period permitted by any
applicable rule of law relating to perpetuities.
C. To the extent that such requirements can legally
be waived, no Trustee hereunder shall ever be required to give
bond or security as Trustee, or to qualify before, be appointed
by, or account to any court, or to obtain the order or approval
of any court respecting the exercise of any power or discretion
granted in this Agreement.
D. Trustee's exercise or non-exercise of powers and
discretions in good faith shall be conclusive on all persons. No
person paying money or delivering property to any Trustee
hereunder shall be required or privileged to see to its
application. The certificate of Trustee that Trustee is acting
in compliance with this instrument shall fully protect all
persons dealing with Trustee.
-5-
6. COMPENSATION AND RESIGNATION OF TRUSTEE.
A. Trustee shall be entitled to receive compensation
from time to time over the period during which her services are
performed, but not in excess of such compensation as would be
approved by a court of competent jurisdiction. During Settlor's
lifetime, such compensation shall be charged wholly against
Income, unless Settlor directs otherwise in writing.
B. Trustee may resign at any time by written notice
to Settlor or any other beneficiary of the trust.
7. RIGHTS OF SETTLOR.
A. Settlor or others may add to the Trust Estate, by
Will, inter vivos transfer or beneficiary designation, cash or
such property in kind as is acceptable to Trustee.
B. Settlor reserves the right to revoke this
Agreement at any time, in whole or in part, by written notice
delivered to Trustee during Settlor's lifetime.
C. Settlor further reserves the right to amend this
Agreement at any time by a proper instrument in writing, executed
by Settlor, delivered to Trustee during Settlor's lifetime and
accepted by Trustee.
D. If Settlor designates Trustee as beneficiary of
the proceeds of any policies of insurance on her life, the duty
and responsibility for the payment of premiums and other charges
on such policies during Settlor's lifetime shall rest solely upon
her, unless she shall expressly direct Trustee in writing to pay
the same from Income or principal; otherwise, the only duty of
Trustee shall be the safekeeping of such policies as are
deposited with him, and Trustee shall be under no duty to notify
Settlor that any such premium or other charge is due and payable.
All options, rights, privileges and benefits exercisable by or
accruing to Settlor during her lifetime by the terms of the
policies shall be for her sole benefit and shall not be subject
to this Agreement; Settlor agrees, however, not to exercise any
options whereby the proceeds would be payable to Trustee other
than in one sum. Upon the written request of Settlor, Trustee
shall execute and deliver such consents and instruments as may be
requisite to enable Settlor to exercise or avail herself of any
option, right, privilege or benefit granted by any of the
policies. Upon Settlor's death, or at such later time as may be
specified in the policies, the net proceeds of any policies then
payable to Trustee hereunder shall be collected by Trustee; the
receipt of Trustee for such proceeds shall release the insurance
companies from liability on the policies, and the insurance
companies shall be under no duty to see to the application of
such proceeds. Trustee may take all steps necessary in her
-6-
opinion to enforce payment of said policies and shall be entitled
to indemnify himself out of any property held hereunder against
all expenses incurred in taking such action.
E. Settlor may also designate Trustee as beneficiary
of certain employee death benefits. In such case, Trustee shall
collect the proceeds receivable therefrom upon Settlor's death
and hold them as part of the Trust Estate. The receipt of
Trustee for such proceeds shall be a full acquittance to the
administrators of such benefits, and said administrators shall
not be liable to see to the application of such proceeds. To the
extent that such proceeds are not included in Settlor's estate
for federal estate tax purposes, they shall not be used for the
payment of death taxes or any administration expenses of her
estate. Trustee may select any option available to him as to the
time and method of payment of such proceeds and may also exercise
any option with respect to the income or death taxes thereon as
she in her discretion deems advisable, and her decision in these
matters shall be binding upon, and shall not be subject to
question by, the beneficiaries.
8. INTERPRETATION. Wherein used in this Agreement the
masculine shall be deemed to refer to and include the feminine.
9. APPLICABLE LAW. This Agreement has been delivered to
and accepted by Trustee as hereinafter provided in the
Commonwealth of Pennsylvania and shall be governed in all
respects by the laws of the Commonwealth.
10. ACCEPTANCE BY TRUSTEE AND SUCCESSOR TRUSTEE. Trustee
signifies her acceptance of the Trust Estate created hereby and
acknowledges (unless otherwise noted in writing) that he has
received this day from Settlor the property listed on Schedule
"A," attached hereto and made a part hereof by reference.
Trustee and successor Trustee agree that they will use the Trust
Estate and dispose of the proceeds thereof upon and subject to
all and singular the trust, terms and provisions set forth in
this Agreement.
-7-
IN WITNESS WHEREOF, Settlor and Trustee have hereunto set
their hands and seals the day and year first above written.
WITNESS:
SETTLOR AND TRUSTEE:
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FRANK ~. FISCELLA
WITNESS:
SUCCESSOR TRUSTEES:
~~~
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DEBORAH ANN FI~ELLA -
-8-
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
)
) ss:
)
COUNTY OF DAUPHIN
On this, the ~/!j) day of 9ff , 1994, before me a
Notary Public, the undersigned officer, personally appeared FRANK
J. FISCELLA, known to me, or satisfactorily proven, to be the
person whose name is subscribed to the within instrument, and
acknowledged that he executed the same for the purpose therein
contained.
IN WITNESS WHEREOF, I
c--.-.-.-... -------..
I :\iOTlIRIAL SEAL
I CtjNNiE L REESE. Notary Public
i, Derry Twp., Dauphin County
~~_~_~~lmission Expires Feb. 20,1995
seal.
-9-
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
)
) 55:
)
COUNTY OF DAUPHIN
C'
On this, the 2..3 rd day of l ';oB1f:mht.L ,1994, before me
,
a Notary Public, the undersigned officer, personally appeared
DEBORAH ANN FISCELLA, known to me, or satisfactorily proven, to
be the person whose name is subscribed to the within instrument,
and acknowledged that she executed the same for the purpose
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
~?~Af~.
t/ NOTARY PUBL C
NOTARIAL SEAL
JENNIFER D. MILLER, Notary Pu~ic
Hershey, PA Dauphin County
My Commission Expires June 2,1997
-10-
Certificate of Trust
The undersigned Trustor hereby certifies the following:
1. This Certificate of Trust refers to the FRANK J. FISCELLA TRUST AGREEMENT dated
SEP 23 1994 under a revocable trust agreement executed by FRANKJ. FISCEL~
as Trustor and initial Trustee.
2. The disability Trustee(s) for FRANK J. FISCELLA are:
DEBORAH ANN FISCELLA
3. The death Trustee(s) for FRANK J. FISCELLA are:
DEBORAH ANN FISCELLA
4. The Trustee(s) under the trust agreement are authorized to acquire, sell, convey,
encumber, lease, borrow, manage and otherwise deal with interests in real and
personal property in trust name. All powers of the Trustee(s) are fully set forth in
Article Eleven of the trust agreement.
5. The trust has not been revoked and there have been no amendments limiting the
powers of the Trustee(s) over trust property.
6. No person or entity paying money to or delivering property to any Trustee shall
be required to see to its application. All persons relying on this document
regarding the Trustees and their powers over trust property shall be held harmless
for any resulting loss or liability from such reliance. A copy of this Certificate of
Trust shall be just as valid as the original.
The undersigned certifies that the statements in this Certificate of Trust are true and
correct and that it was executed in the County of Dauphin, Pennsylvania on SEP 23 1994
6~ fT~~
FRANK J. I#SCELLA
Assignment of Bank Accounts
FRANK J. FISCELLA, does hereby transfer and assign, without consideration and in order
to change formal title only, all right, title and interest which he now has in those Bank
Accounts listed below, to FRANK J. FISCELLA, Trustee, or his successors in trust, under the
FRANK J. FISCELLA LIVING TRUST dated SEP 2 3 1994 and any amendments
thereto:
Institution
Account Number
"~H0rFBank
Harris Savings Bank
l&2-*107617 1
0500026376/0560000988
This assignment was executed on SEP 2 3 1994
t?'~d 1 r~ ~~d){t
FRANK J. FiSCELLA
STATE OF PENNSYLVANIA
SS
COUNTY OF DAUPHIN ) / )
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On this the ~day of .Jet. , 19~, before me, f \ YL rc ---' ' ,
the undersigned officer, personally appeared FRANK J. FISCELLA, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument
and acknowledged that he executed the same tor the purposes therein contained.
In witne. ss Who ereot IZZ h,. ceu to ,set my hand and official seal.
/1 /
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Notary Public t
Title 0 Officer NUTAF1IAL SrJ\L
"CONNIE L. REESE, Notary Public
Derry Twp., Dauphin County
My Commission Ex()ires Feb 20, 190.5
. . {'(lL{ The Second Amendment
G \ , '; I'^ ,,' ~ ! to the
. -
Frank J. Fiscella Revocable Trust Agreement
\ t-J fl i 7
On September 23, 1994, I, FRANK J. FISCELLA, signed the Frank
J. Fiscella Revocable Trust Agreement, more formally known as:
FRANK J. FISCELLA, Trustee, or his successors in trust,
under the Prank J. loiscella Revocable Trust Agreement
dated September 23, 1994, and any amendments thereto.
Pursuant to Section 7.C of my Revocable Trust Agreement, which
permits me to amend my Agreement in writing at any time, I now wish
to amend my Agreement as follows:
1. This Second Amendment to the Frank J. Fiscella Trust
Agreement amends the first paragraph of the Amended and Restated
J Revocable Trust Agreement dated March 4, 1995 to reflect the
correct date of the Frank J. Fiscella Trust Agreement to be
September 23, 1994.
2. Paragraph 1. TRUST PROPERTY of my Revocable Trust
Agreement lS hereby revoked In its entirety and substituted
therefor is the following:
1. TRUST PROPERTY. Settlor hereby actually and
constructively transfers and delivers to Trustee the property
listed on Schedule "A" attached hereto and all of the tangible
personal property that I own at my death, which, together with any
additions thereto as hereinafter provided, shall constitute the
Trust Estate, and shall be held, administered and distributed as
provided in this Agreement.
3. Paragraph 3. DISPOSITIVE PROVISIONS of my Revocable Trust
Agreement lS hereby amended and substituted therefor lS the
following:
C. Upon Settlor's death and upon payment of expenses
pursuant to Section 3.B of this Agreement, Trustee shall distribute
all of lIlY Lcl.ll<:j.iLle tye1.sonal property, including, but not limited
to, my furniture, household items and automobiles, in accordance
with any written, signed and dated memorandum left by me directing
the distribution of such property. My Trustee shall distribute the
balance of the Trust Estate in equal shares to such of Settlor's
children, CHRISTINE CAROL TEBBANO, JOHN ANTHONY FISCELLA and
DEBORAH ANN FISCELLA, per stirpes, as survive my death for a period
of thirty (30) days, in shares of equal value, to be divided in
such manner as they shall agree.
All other provisions are hereby ratified and confirmed.
I executed this amendment on
~ f; 1997
I certify that I have read the foregoing Second Amendment to
my Revocable Trust Agreement, and that it correctly states the
changes I desire to make in my Revocable Trust Agreement. I
approve this Second Amendment to my Revocable Trust Agreement In
all particulars, and request my Settlor and Trustee to execute it.
~Q?~
FRANK JI FISCELLA,
Settlor and Trustee
ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF DAUPHIN
The foregoing amendment to the Frank J. Fiscel
'l'rusL Agreement was acknowledged before me on ~.
by FRANK J. FISCELLA, as Settlor.
Witness my hand and official seal.
Addendum to Schedule A
Property of
FRANK J. FISCELLA
Personal Property
Personal Effects
Furniture, Furnishings and Appliances
Jewelry
All other tangible personal property
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AMENDED AND RESTATED REVOCABLE TRUST AGREEMENT
I OJ-'> ~'..,
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THIS AMENDMENT AND RESTATED REVOCABLE TRUST AGREEMENT of the
FRANK J. FISCELLA TRUST AGREEMENT DATED SEPTEMBER 23,1995 is made
this OLj day of ~a..rG.-f, 1995 pursuant to the right
reserved to Settlor under section 7.C. of the Trust Agreement, as
follows:
('"Y'4
(t ({ d 0.
REVOCABLE TRUST AGREEMENT
THIS REVOCABLE TRUST AGREEMENT (the "Agreement") made this
2Jrd day of September 1994 ,~, by and among FRANK J. FISCELLA, of
304 Glendale Drive, Shiremanstown, Cumberland County, Pennsylvania,
(the "Settlor" and "Trustee") and DEBORAH ANN FISCELLA
(individually the "Successor Trustee") .
WITNESSETH:
WHEREAS, Settlor desires to establish a revocable trust under
the terms and conditions hereinafter set forth; and
WHEREAS, Settlor desires to transfer assets to said trust at
this time.
NOW, THEREFORE, in consideration of the foregoing premises and
the covenants and promises herein contained, the parties hereto,
intending to be legally bound hereby, agree as follows:
1. TRUST PROPERTY. Settlor hereby actually and
constructively transfers and delivers to Trustee the property
listed on Schedule "A" attached hereto, which, together with any
additions thereto as hereinafter provided, shall constitute the
Trust Estate, and shall be held, administered and distributed as
provided in this Agreement.
2.
TRUST NAME .
This Agreement, as from time to time
amended, may be designated the "FRANK J. FISCELLA TRUST AGREEMENT
DATED SEPTEMBER 23, 1994," and the initial trust hereby evidenced,
as from time to time amended, may be des ignated the "FRANK .J.
FISCELLA TRUST AGREEMENT DATED SEPTEMBER 23, 1994."
3. DISPOSITIVE PROVISIONS. Trustee shall invest and
reinvest the Trust Estate and shall distribute the net income (the
"Income") and principal thereof as follows:
A. During Settlor's lifetime, Trustee shall pay the
Income no less frequently than quarter-annually to hin or for his
benefit and shall also pay to him such sums from principal as he
may direct in writing; PROVIDED, however that in the event of
Settlor's mental or physical incapacity, as certified to Trustee by
Settlor's personal physician, Trustee shall expend both Income and
principal to such extent and in such manner as she or he in her or
his discretion deems advisable for the welfare and comfortable
support of Settlor during such period of incapacity. Trustee lS
specifically authorized, in the event of such incapacity, to
continue Settlor's pattern of making gifts to individuals and
organizations.
B. Upon Settlor's death, Trustee shall distribute funds
from the Trust Estate to the personal representative of Settlor's
estate for the payment of expenses of Settlor's estate, including,
without limitation, taxes, funeral expenses, and administrative
expenses.
j.).
/
/
/
C. Upon Settlor's death and upon payment of expenses
pursuant to Section 3.B of this Agreement, Trustee shall distribute
the balance of the Trust Estate in equal shares to such of the
following persons as survive Settlor's death for a period of thirty
(30) days:
(1) Settlor's daughter, CHRISTINE CAROL TEBBANO,
or her issue, per stirpes;
(2) Settlor's son, JOHN ANTHONY FISCELLA, or
his issue, per stirpes; and
(3) Settlor's daughter, DEBORAH ANN FISCELLA, or
her issue, per stirpes
a. Should the principal of the Trust Estate, in the
sole opinion of the Trustee, be or become too small to warrant
placing or continuing of such fund in trust or should its
administration be or become impractical for any other reason, my
Trustee, in the exercise of his sole discretion, may then pay such
principal absolutely to any beneficiary hereunder or may place said
principal in the name of any beneficiary hereunder in an interest
bearing account in any bank, bank and trust company or national
banking association of her choosing, payable to such beneficiary.
E. The interest of any beneficiary hereunder, including
a remainderman, in Income or principal, shall not be subject to
assignment, alienation, pledge, attachment or claims of creditors
until after payment has actually been made by Trustee as
hereinbefore provided.
F. Corporate distributions received in shares of the
distributing corporation shall be allocated to principal,
regardless of the number of shares and however described or
designated by the distributing corporation.
4. POWERS OF TRUSTEE. Except as otherwise specifically
provided herein or as Settlor may direct during administration of
-3-
the Trust Estate, Trustee shall hold and manage all real and
personal property held by him, together with any additions thereto
as hereinafter provided, upon the following tp.r1nS and conditions
with the following powers and authorities, all in addition to and
not in limitation of those granted by law:
A. To take, hold or retain all or any part of the Trust
Estate hereby created in the form acquired as long as he deems
advisable and to receive all the Income, increments, rents and
profits therefrom.
B. To sell, exchange, partition, lease, option or
otherwise dispose of any property or part thereof, real or
personal, which may at any time form part of this Trust Estate at
public or private sale for such purposes and upon such terms,
including sales on credit with or without security, in such manner
and at such prices as he may determine, including the right to
lease real estate for periods in excess of five years and for a
term expiring after the termination of any trust. In the event of
a sale, exchange, partition or lease of any of the property of this
Trust Estate, there shall be no liability on the part of the
purchase or purchasers to see to the application of the purchase
money, but the same shall be held and disposed of by such purchase
or purchasers, free and clear of any of the provisions of this
Agreement.
C. To continue any investments which may form a part of
this Trust Estate or to invest or reinvest the same in any
property, real or personal, of any kind or nature, including
stocks, bonds, mortgages, other securities and common trust funds
of Trustee without being limited or restricted to investments as
now or may hereafter be prescribed for trustees by the laws of the
Commonwealth of Pennsylvania or any other state.
D. To cause securities which may from time to time
-4-
comprise any part of this Trust Estate to be registered in her name
as Trustee or in the name of any nominee or to take and keep the
same unregistered and retain them or any part thereof in such
condition that they will pass by delivery without disclosing the
fact that the property is held in a fiduciary capacity.
E. To make any loans, either secured or unsecured, in
such amounts, upon such terms and such rates of interest and to
such persons, firms, or corporations as he deems advisable, and to
pay over to the Executor or Administrator of Settlor's estate such
sums as may be required for the purpose of the payment of taxes,
debts and administration expenses.
F. To retain the principal or corpus or any part
thereof of this Trust Estate in the form of cash.
G. To borrow money for any purpose in connection with
the administration of this Trust Estate; execute promissory notes
or other obligations for the amounts so borrowed and secure the
payment of any amount so borrowed by mortgage or pledge of any real
or personal property which may at any time form a part of this
Trust Estate.
H. To vote, in respect to any securities which may at
any time form a part of this Trust Estate, upon any proposition or
election at any meeting and to grant proxies, discretionary or
otherwise; vote at any such meeting; to join in or become a part of
any reorganization, readjustment, merger, voting trust,
consolidation or exchange and to deposit any such securities with
any committee, depositary, trustee or otherwise and to payout of
this Trust Estate any fees, expenses and assessments incurred in
connection therewith and to charge the same to principal or Income
as he may see fit; to exercise conversion, subscription or other
rights, or to sell or abandon such rights and to receive and hold
any new securities issued as a result of such reorganization,
-5-
readjustment, merger, voting trust, consolidation, exchange, or
exercise of subscription, conversion or other rights; and generally
take all action in respect to any such securities as he might or
could do as absolute owner thereof.
I. To retain or purchase policies of life insurance, to
pay premiums thereon from Income or principal and to exercise all
rights of ownership thereover.
J. In his discretion to allocate to either principal or
Income or between them any and all capital gains and taxes which he
may be required to pay on behalf of this Trust Estate.
K. To divide or distribute, whenever it is required or
permitted, this Trust Estate; to make such division or distribution
in kind or in money, or partly in kind and partly in money; and
that for such purposes the judgment of Trustee as to the value of
the different items shall be conclusive and final upon the
beneficiaries.
L. To hold and administer the Trust Estate created
hereby in one or more consolidated funds in whole or in part in
which the separate Trust Estate shall have an undivided interest.
M. To determine, in connection with making investments,
whether to amortize premiums in whole or in part.
N. To engage attorneys, investment counsel,
accountants, agents and such other persons as he may deem advisable
in the administration of this Trust Estate and to make such
payments therefor as he may deem reasonable and to charge the
expenses thereof to Income or principal as he may determine and to
delegate to such persons any discretion which he may deem proper.
Trustee shall not be liable for any negligence, omission or
wrongdoing of such counselor agents, providing reasonable care was
-6-
exercised in their selection.
o. Should the principal or Income of the Trust Estate
be payable to any person as to whom Trustee has actual knowledge of
a court adjudication of incompetency, or who Trustee, in his
discretion, determines is unable to act effectively on his own
behalf in financial matters, to use such principal or Income for
the benefit of such beneficiary, including, but not limited to, the
right to pay premiums for life, health, accident and any other
insurance.
P. To effect direct deposit of any retirement benefits, .
Social security benefits, or other regular monthly payments into
accounts maintained for the benefit of Settlor.
5. TRUSTEE.
A. During Settlor's lifetime and so long as Settlor is
mentally and physically competent, Settlor shall act as Trustee.
In the event of Settlor's mental or physical incapacity, as
certified by Settlor's personal physician or upon Settlor's death,
Settlor appoints his daughter, DEBORAH ANN FISCELLA, to act as
successor Trustee. For the purpose of this Agreement, any
reference to Trustee shall be deemed to include any successor
Trustee, who without court order or act of transfer, shall have all
the title, power, and discretion granted to the original Trustee.
B. The powers granted in section 4 of this Agreement
shall be in addition to those granted by law and may be exercised
even after termination of this trust until actual distribution of
the Trust Estate, but not beyond the period permitted by any
applicable rule of law relating to perpetuities.
C. To the extent that such requirements can legally be
waived, no Trustee hereunder shall ever be required to give bond or
-7-
security as Trustee, or to qualify before, be appointed by, or
account to any court, or to obtain the order or approval of any
court respecting the exercise of any power or discretion granted in
this Agreement.
D. Trustee's exercise or non-exercise of powers and
discretions in good faith shall be conclusive on all persons. No
person paying money or delivering property to any Trustee hereunder
shall be required or privileged to see to its application. The
certificate of Trustee that Trustee is acting in compliance with
this instrument shall fully protect all persons dealing with
Trustee.
6. COMPENSATION AND RESIGNATION OF TRUSTEE.
A. Trustee shall be entitled to receive compensation
from time to time over the period during which his services are
performed, but not in excess of such compensation as would be
approved by a court of competent jurisdiction. During Settlor's
lifetime, such compensation shall be charged wholly against Income,
unless Settlor directs otherwise in writing.
B. Trustee may resign at any time by written notice to
Settlor or any other beneficiary of the trust.
7. RIGHTS OF SETTLOR.
A. Settlor or others may add to the Trust Estate, by
Will, inter vivos transfer or beneficiary designation, cash or such
property in kind as is acceptable to Trustee.
B. Settlor reserves the right to revoke this Agreement
at any time, in whole or in part, by written notice delivered to
Trustee during Settlor's lifetime.
-8-
c.
Agreement at
by Settlor,
accepted by
Settlor further reserves the right to amend this
any time by a proper instrument in writing, executed
delivered to Trustee during Settlor's lifetime and
Trustee.
D. If Settlor designates Trustee as beneficiary of the
proceeds of any policies of insurance on his life, the duty and
responsibility for the payment of premiums and other charges on
such policies during Settlor's lifetime shall rest solely upon him,
unless he shall expressly direct Trustee in writing to pay the same
from Income or principal; otherwise, the only duty of Trustee shall
be the safekeeping of such policies as are deposited with him, and
Trustee shall be under no duty to notify Settlor that any such
premium or other charge is due and payable. All options, rights,
privileges and benefits exercisable by or accruing to Settlor
during his lifetime by the terms of the policies shall be for his
sole benefit and shall not be subject to this Agreement; Settlor
agrees, however, not to exercise any options whereby the proceeds
would be payable to Trustee other than in one sum. Upon the
written request of Settlor, Trustee shall execute and deliver such
consents and instruments as may be requisite to enable Settlor to
exercise or avail himself of any option, right, privilege or
benefit granted by any of the policies. Upon Settlor's death, or
at such later time as may be specified in the policies, the net
proceeds of any policies then payable to Trustee hereunder shall be
collected by Trustee; the receipt of Trustee for such proceeds
shall release the insurance companies from liability on the
policies, and the insurance companies shall be under no duty to see
to the application of such proceeds. Trustee may take all steps
necessary in his opinion to enforce payment of said policies and
shall be entitled to indemnify himself out of any property held
hereunder against all expenses incurred in taking such action.
E. Settlor may also designate Trustee as beneficiary of
certain employee death benefits. In such case, Trustee shall
-9-
collect the proceeds receivable therefrom upon Settlor's death and
hold them as part of the Trust Estate. The receipt of Trustee for
such proceeds shall be a full acquittance to the administrators of
such benefits, and said administrators shall not be liable to see
to the application of such proceeds. To the extent that such
proceeds are not included in Settlor's estate for federal estate
tax purposes, they shall not be used for the payment of death taxes
or any administration expenses of his estate. Trustee may select
any option available to him as to the time and method of payment of
such proceeds and may also exercise any option with respect to the
income or death taxes thereon as he in his discretion deems
advisable, and his decision in these matters shall be binding upon,
and shall not be subject to question by, the beneficiaries.
8. INTERPRETATION. Wherein used in this Agreement the
masculine shall be deemed to refer to and include the feminine.
9. APPLICABLE LAW. This Agreement has been delivered to and
accepted by Trustee as hereinafter provided in the Commonwealth of
Pennsylvania and shall be governed in all respects by the laws of
the Commonwealth.
10. ACCEPTANCE BY TRUSTEE AND SUCCESSOR TRUSTEE. Trustee
signifies his acceptance of the Trust Estate created hereby and
acknowledges (unless otherwise noted in writing) that he has
received this day from Settlor the property listed on Schedule "A,"
attached hereto and made a part hereof by reference. Trustee and
successor Trustee agree that they will use the Trust Estate and
dispose of the proceeds thereof upon and subj ect to all and
singular the trust, terms and provisions set forth in this
Agreement.
-10-
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Settlor confirms the provisions of said Amended and Restated
Trust Agreement, reserving to himself the right to amend further
the Trust Agreement and this Amended and Restated Trust Agreement.
IN WITNESS WHEREOF, Settlor and Trustee have hereunder set
their hands and seals the day and year first above written.
WITNESS:
SETTLOR AND TRUSTEE:
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FRANK J./ FISCELLA
WITNESS:
SUCCESSOR TRUSTEE:
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DEBORAH ANN FISCELLA
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-11-
ACKNOWLEDGMENT
COUNTY OF CUHBERLAND
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COMMONWEALTH OF PENNSYLVANIA
On this I the D'i day of M ~~c...H I 1995 I before me a
Notary Public, the undersigned officer, personally appeared FRANK
J. FISCELLA, known to me, or satisfactorily proven, to be the
person whose name is subscribed to the wi thin instrument I and
acknowledged that he executed the same for the purpose therein
contained.
IN WITNESS WHEREOF, I hereunto
official seal.
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-12-
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
55:
COUNTY OF COHBERLAND
On this, the Ot-J day of ~,Prl2{J,-+ , 1995, before me a
Notary Public, the undersigned officer, personally appeared DEBORAH
ANN FISCELLA, known to me, or satisfactorily proven, to be the
person whose name is subscribed to the wi thin instrument, and
acknowledged that she executed the same for the purpose therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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-13-
Certificate of Trust
The undersigned Tru::;tur hereby certifies the following:
1.
This Certificate of Trust refers to the FRANK J. FISCELLA TRUST AGREEMENT dated
SEP Z 3 1994 under a revocable trust agreement executed by FRANK J. FISCELL~
as Trustor and initial Trustee.
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The disability Trustee(s) for FRANK J. FISCELLA are:
DEBORAH ANN FISCELLA
3. The death Trustee(s) for FRANK J. FISCELLA are:
. DEBORAH ANN FISCELLA
4. The Trustee(s) under the trust agreement are authorized to acquire, sell, convey,
encumber, lease, borrow, manage and otherwise deal with interests in real and
personal property in trust name. All powers of the Trustee(s) are fully set forth in
Article Eleven of the trust agreement.
5. The trust has not been revoked and there have been no amendments limiting the
powers of the Trustee(s) over trust property.
6. No person or entity paying money to or delivering property to any Trustee shall
be required to see to its application. All persons relying on this document
regarding the Trustees and their powers over trust property shall be held harmless
for any resulting loss or liability from such reliance. A copy of this Certificate of
Trust shall be just as valid as the original.
The undersigned certifies that the statements in this Certificate of Trust are true and
correct and that it was executed in the County of Dauphin, Pennsylvania on SEP 23 1994
6~ 1T~~
FRANK J. ~SCELLA
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Register of Wills, Cumberland County, Pennsylvania
INVENTORY
Estate of
Frank J. Fiscella
No.
21-06-0493
also known as
. Deceased
Date of Death 03/04/2006
Social Security No. 119-01-5552
Deborah A. Fiscella
The Personal Representative(s) of the above Estate, deceased, verify that the items appearing in the following Inventory
include all of the personal assets wherever situate and all of the real estate located in the Commonwealth of Pennsylvania
of said Decedent, that the valuation placed opposite each item of said Inventory represents its fair value as of the date of
the Decedent's death, and that the Decedent owned no real estate outside of the Commonwealth of Pennsylvania except
that which appears in a memorandum at the end of this Inventory. I/We verify that the statements made in this Inventory
are true and correct. I/We understand that false statements herein are made subject to the penalties of 18 Pa. C. S.
Section 4904 relating to unsworn falsification to authorities.
Attorney:
Marielle F Hazen
Personal Representative
Signature:
Deborah A. Fiscella
I.D. No.:
68003
Signature:
Signature:
Firm: Marielle F. Hazen
Address: 2000 Linglestown Road, Suite 202
Harrisburg, PA 17110
Telephone: 717 -540-4332
Address: 13260 Meander Cove Drive
Germantown, MD 20874
Telephone: 301-540-4842
Dated:
11/30/2006
Personal Property
Cash...............................................................................................
Personal Property.........................................................................
Stocks/Listed......... ... ....................... ................... ......... ..................
Stocks/Closely Held.. ..... .............. ....................... ..........................
Bonds.... ................ ............... ....... ........... ........................................
Partnerships and Sole Proprietorships .....................................
Mortgages and Notes Receivable.................................. .............
All Other Property.........................................................................
472.85
1,84'0.00
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Total Personal Property.............. ....... ....................
2,312.85
Total Real Property................................................
2,312.851
Total Personal and Real Property.........................
Total Out-of-State Real Property..........................
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MARIEILE F. HAzEN
2000 Linglestown Road
Suite 202
Harrisburg, PA 17110
IT..L: (717) 540-4332
F\X: (717) 540-4313
\\wwhazenelderlawcom
December 1, 2006
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CERTIFIED MAIL
Register of Wills
Cumberland County Courthouse
One Courthouse Square
Carlisle,PA 17013
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Re: Estate of Frank T. Fiscella
21-06-0493
To: The Register of Wills:
Enclosed for filing please find the original and one copy of the above-referenced
Inheritance Tax Return and Inventory, along with a copy of the first page of the
Inheritance Tax Return. Please date stamp the first page of the return and a copy of the
Inventory and return them to my office in the enclosed self-addressed envelope.
Also enclosed is a check for the inheritance tax in the amount of $3,064.33 and
one in the amount of $30.00 for the filing fee.
If you have any questions or require any additional information, please do not
hesitate to contact me.
Sincerely,
~~~.
Jeta Combs
Paralegal
Enclosures
cc: Deb Fiscella, Trustee
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