HomeMy WebLinkAbout96-00878
PETITION F()I~ PHonATE 1I11c1 (;I~ANT OF LETn:HS
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COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL AECORDS
CERTIFICATE OF DEATH
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estate herein disposed of, or any part thereof, or on any bequest
or devise contained in this my Last Will (which term wherever used
herein shall include any Codicil hereto), be paid out of my
residuary estate and shall not be charged to or against any
recipient, beneficiary, transferee or owner of any such property
or interests in property included in my estate for such tax
purposes.
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(2) All such taxes in respect to any property or
interests in property included in my gross estate under Sections
2035, 2036, 2037, 2038, 2039, 2040, 204l, 2042, and 2044 of the
Internal Revenue Code shall be charged against and paid by the
recipient or beneficiary of such property or interest in property
or from the property or interest in the property, provided,
however: (a) there shall be no apportionment against any donee or
recipient of any such property or interest in property which is a
qualified charity under Section 2055 and the property or interest
in property was allowed in my federal estate tax proceedings as a
charitable deduction; (b) there shall be no apportionment against
my husband, if he is a donee or recipient of any such property or
interest in property and the property or interest in property was
allowed in my federal estate tax proceedings as a marital deduction
under IRC Section 2056. The amount of the tax to be charged against
such donee or recipient shall be determined by multiplying a
fraction (the numerator of which shall be the federal estate tax
value of the property to be apportioned as finally determined in
my federal estate tax proceedings and the denominator of which
shall be the total value of my taxable estate for such federal
estate tax purposes) times the net amount of such taxes payable by
my estate after the application of all credits against such taxes.
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ITEM IV
I give and bequeath all of my personal and household effects
of every kind including but not limited to furniture, appliances,
furnishings, pictures, silverware, china, glass, books, jewelry,
wearing apparel, boats, automobiles, and other vehicles, and all
policies of fire, burglary, property damage, and other insurance
on or in connection with the use of this property, as follows:
(1) I may leave written memoranda disposing of certain
personal property. Any such item of tangible personal property
shall pass according to the terms of such memoranda in existence
at the time of my death. If no such written memoranda are found
or identified by my PERSONAL REPRESENTATIVE within ninety (90) days
after my PERSONAL REPRESENTATIVE'S qual if ication, it shall be
conclusively presumed that there are no such memoranda and any
subsequent discovered memoranda shall be ineffective. Any property
given and devised to a beneficiary who is not living at the time
of my death and for whom no effective alternate provision has been
made shall pass according to the provisions of the following
Page 2 of the will of RUTH V. MULLER
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paragraph, and not pun;ullnt to nny lint l-llIpne gtlltute.
(2) In default of such memorllndn, or to the extent such
memoranda do not completely or effectively dispose of such
property, I give and boquenth tho rost of my personal and household
effects of overy kind to my husband, AR'l'IIUR R. MULLER, if he shall
survive me. If he shall not survive me, I give and bequeath all
this property to my children surviving me, in approximately equal
shares; provided, however, the issue of a deceased child surviving
me shall take per stirpes the share their parent would have taken
had he or she survived me. If my children and issue do not agree
to the division of the said property among themselves, my PERSONAL
REPRESENTATIVE shall make such division among them, the decision
of my PERSONAL REPRESENTATIVE to be in all respects binding upon
my issue. If any beneficiary hereunder is a minor, my PERSONAL
REPRESENTATIVE may distribute such minor's share to such minor or
for such minor's use to any person with whom such minor is residing
or who has the care or control of such minor without further
responsibility and the receipt of the person to whom it is
distributed shall be a complete discharge of my PERSONAL
REPRESENTATIVE.
ITEM V
I give, devise and bequeath all the rest, residue and
remainder of my property of every kind and description (inClUding
lapsed legacies and devises) wherever situate and whether acquired
before or after the execution of this Will, to the successor
Trustees under that certain Trust Agreement between myself as
Settlor and myself as Trustee executed prior to the execution of
this will on, (fJ,r' /</ , 1994. The Trustee shall add the
property bequeathed and devised by this Item to the corpus of the
above described Trust and shall hold, administer and distribute
said property in accordance with the provisions of the said Trust
Agreement, including any amendments thereto made before my death.
ITEM VI
I hereby nominate, constitute and appoint as PERSONAL
REPRESENTATIVE of this my Last Will and Testament my husband,
ARTHUR R. MULLER, and direct that he serve without bond. In the
event my husband is unable or unwilling to serve as PERSONAL
REPRESENTATIVES, I hereby nominate, constitute, and appoint
BARBARA M. SIEGEL, and direct that s/he shall serve without bond.
In the event BARBARA M. SIEGEL is unable or unwilling to serve as
PERSONAL REPRESENTATIVE, I hereby nominate, constitute, and
appoint ARTHUR R. MULLER, JR., and direct that s/he shall serve
without bond. Except as otherwise provided herein, if ARTHUR R.
MULLER or any successors as herein defined should fail to qualify
Page 3 of the will of RUTH V. MULLER
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as Personal Representatives or as Trustees hereunder, or [or any
reason should cease to act in such capacity, the successor or
substitute Personal Representative or Trustee shall be some bank
or trust company qualified to do business in the state of my
domicile at the time of my death, which successor or substitute
Personal Representative or Trustee shall be designated in a written
instrument filed with the court having jurisdiction over the
probate of my estate and signed by ARTHUR R. MULLER or if he fails
to act, by the Court having jurisdiction over the estate.
ITEM VII
Whenever the word "PERSONAL REPRESENTATIVE" or any modifying
or substituted pronoun therefor is used in this my will, such words
and respective pronouns shall be held and taken to include both the
singular and the plural, the masculine, feminine and neuter gender
thereof, and shall apply equally to the PERSONAL REPRESENTATIVE
named herein and to any successor or substitute PERSONAL
REPRESENTATIVE acting hereunder, and such successor or substitute
PERSONAL REPRESENTATIVE shall possess all the rights, powers and
duties, authority and responsibility conferred upon the PERSONAL
REPRESENTATIVE originally named herein.
ITEM VIII
For its services as PERSONAL REPRESENTATIVE, my individual
PERSONAL REPRESENTATIVE shall receive the amount provided by law.
If a corporate PERSONAL REPRESENTATIVE shall serve, it shall
receive for its services an amount which shall be determined by its
Standard Fee Schedule in effect and applicable at the time of the
performance of such services. If no such schedule shall be in
effect at that time, it shall be entitled to reasonable
compensation for the services rendered.
ITEM IX
By way of illustration and not of limitation and in addition
to any inherent, implied or statutory powers granted to PERSONAL
REPRESENTATIVES generally, my PERSONAL REPRESENTATIVE is
specifically authorized and empowered with respect to any property,
real or personal, at any time held under any provision of this my
Will: to allot, allocate between principal and income, assign,
borrow, buy, care for, collect, compromise claims, contract with
respect to, continue any business of mine, convey, convert, deal
with, dispose of, enter into, exchange, hold, improve, incorporate
any business of mine, invest, lease, manage, mortgage, grant and
exercise options with respect to, take possession of, pledge,
receive, release, repair, sell, sue for, to make distributions or
divisions in cash or in kind or partly in each without regard to
Page 4 of the will of RUTH V. MULLER
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the income tax basis of such asset, and in general, to exercise all
of the powers in the management of my Estate which any individual
could exercise in the management of similar property owned in its
own right, upon such terms and condi tions as to my PERSONAL
REPRESENTATIVE may seem best, and to execute and deliver any and
all instruments and to do all acts which my PERSONAL REPRESENTATIVE
may deem proper or necessary to carry out the purposes of this my
Will, without being limited in any way by the specific grants of
power made, and without the necessity of a court order.
ITEM X
I give to my Personal Representative full discretion to join
with my husband or his Personal Representative in the execution and
filing of joint income tax returns, to consent for federal gift tax
purposes to having gifts made by my husband or by me considered as
having been made one-half by me and one-half by my husband and to
pay as part of my debts so much of the income and gift tax or taxes
assessed as my estate, in the opinion of my Personal
Representative, becomes legally liable to pay and, except as
otherwise provided herein, to make or consent to any or all
elections and to exercise any or all options which may be available
under the terms of applicable tax laws.
ITEM XI
If any share or property hereunder becomes distributable to a
beneficiary who has not attained the age of Twenty-One (21) years
of age or if any real property shall be devised to a person who has
not attained the age of Twenty-one (21) years of age at the time
of my death, then such share or property shall immediately vest in
such beneficiary, but notwithstanding the provisions herein, my
PERSONAL REPRESENTATIVE acting as Trustee may retain possession of
such share or property in Trust for such beneficiary until such
beneficiary attains the age of Twenty-one (21), using so much of
the net income and principal of such share or property as my
PERSONAL REPRESENTATIVE deems necessary to provide for the proper
support, medical care, and education of such beneficiary, taking
into consideration to the extent my PERSONAL REPRESENTATIVE deems
advisable any other income or resources of such beneficiary or his
or her parents known to my PERSONAL REPRESENTATIVE. Any income not
so paid or applied shall be accumulated and added to principal.
Such beneficiary's share of property shall be paid over,
distributed and conveyed to such beneficiary upon attaining age
Twenty-One (21), or if he or she shall sooner die, to his or her
personal representatives or administrators. Whenever my PERSONAL
REPRESENTATIVE determines it appropriate to pay any money for the
benefit of a beneficiary for whom a Trust is created hereunder,
then such amounts shall be paid out by my PERSONAL REPRESENTATIVE
in such of the following ways as my PERSONAL REPRESENTATIVE deems
Page 5 of the will of RUTH V. HULLER
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best: (l) directly to such beneficiary; (2) to the legally
appointed guardian of such beneficiary; (3) to some relative or
friend for the care, support and education of such beneficiary;
(4) by my PERSONAL REPRESENTATIVE using such amounts directly for
such beneficiary's care, support and education. My PERSONAL
REPRESENTATIVE as trustee shall have with respect to each share or
property so retained all the powers and discretion conferred upon
it as PERSONAL REPRESENTATIVE.
ITEM XII
My PERSONAL REPRESENTATIVE shall have absolute discretion, but
shall not be required, to make adjustments in the rights. of any
beneficiaries, or among the principal and income accounts to
compensate for the consequences of any tax decision or election,
or of any investment or administrative decision, that my PERSONAL
REPRESENTATIVE believes has had the effect, directly or indirectly,
of preferring one beneficiary or group of beneficiaries over
others. In determining the federal estate and income tax
liabilities of my estate, my PERSONAL REPRESENTATIVE shall have
discretion to select the valuation date and to determine whether
any or all of the allowable administration expenses in my estate
shall be used as federal estate tax deductions or as federal income
tax deductions and shall have the discretion to file a joint income
tax return with my spouse.
ITEM XIII
If it becomes necessary for a representative of my estate to
qualify in any jurisdiction other than the State of my domicile at
the time of my death, then to the extent that I may legally do so,
I hereby nominate, constitute and appoint my PERSONAL
REPRESENTATIVE named in this will as my representative in such
jurisdiction and direct that such PERSONAL REPRESENTATIVE shall
serve without bond. If for any reason my PERSONAL REPRESENTATIVE
is unable or unwilling to serve as such representative or cannot
qualify as such representative, then I hereby appoint my PERSONAL
REPRESENTATIVE named herein to designate (to the extent that it may
legally do so) a person or a corporation to serve as my
representative and request that such person or corporation shall
serve without bond. Any representative named as provided herein
(to the extent that it may legally do so) shall have in such
jurisdiction all the powers and duties conferred or imposed on my
PERSONAL REPRESENTATIVE by the provisions of this will.
ITEM XIV
For purposes of this my Will, "children" mean the lawful blood
descendants in the first degree of the parent designated, "issue"
Page 6 of the Will of RUTH V. MULLER
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and "descendants" mean the lawful blood descendants in any degree
of the ancestor designated; provided, however, that if a person has
been adopted, that person shall be considered a child of such
adopting parent and such adopted child and his issue shall be
considered as issue of the adopting parent or parents and of anyone
who is by blood or adoption and ancestor of the adopting parent or
ei ther of the adopting parents. The terms "chi ld", "children",
"issue", "descendant" and "descendants" or those terms preceded by
the terms "living" or "then living" shall include lawful blood
descendant in the first degree of the parent designated even though
such descendant is born after the death of such parent.
ITEM XV
As used herein, the words "gross estate", "adjusted gross
estate", "taxable estate", "unif ied credit", "state death tax
credit", "maximum marital deduction", "marital deduction", "pass",
"qualified terminable interest", "gualified terminable interest
property", and any other word or words which from the context in
which it or they are used refer to the Internal Revenue Code shall
be assigned the same meaning as such words have for the purposes
of applying the Internal Revenue Code to my estate. Reference to
sections of the Internal Revenue Code and to the Internal Revenue
Code shall refer to the Internal Revenue Code amended to the date
of my death.
ITEM XVI
I hereby refrain from exerclslng any power of appointment that
I may have at the time of my death.
ITEM XVII
If any beneficiary and I should die under such circumstances
as would render it doubtful whether the benef iciary or I died
first, then it shall be conclusively presumed for the purposes of
this my Will that said beneficiary predeceased me.
ITEM XVIII
Except as otherwise provided herein, all payments of principal
and income payable, or to become payable, to the beneficiary of any
trust created hereunder shall not be subject to anticipation,
assignment, pledge, sale or transfer in any manner, nor shall any
said beneficiary have the power to anticipate or encumber such
interest, nor shall such interest, while in the possession of my
PERSONAL REPRESENTATIVE or Trustee, be liable for, or subject to,
the debts, contracts, obligations, liabilities or torts of any
beneficiary.
Page 7 of the Will of RUTH V. MULLER
21-96-878
RENUNCIATION
In Re Estate or
K( .~ -1 h V. l'() I { I i. ,-
deceased.
To the Register or Wills or ('' {( n'l h. 'I' J.\ ,: {I
County, Pennsylvania.
The undersigned {:)),-I:(I\" IV) ,.'\', ""T'/ ,j lIi'f U., .,' or
the above decedent. hereby rcnounce(s) the right to administer Ihe est lite and respectrully ask(s) that Lellers
/.-> c,+r\ (l']"' n + 'I r ,Y
be issued to P (' -t h ( . r R . rn I ' r I ,',' ,),.
WITNESS
hand this
day or
,19_.
K f!o:d f} A () '--/h. W'r;j1U
(SlsnalU'.)
./ 'I " ,,,"
,'."/('1 (' I". h... 'j" ",J, I , ,)
1)~'''~)1r,,<,t, 'fA 'j;;;',l'O,/
IAdd,...)
ISlsnaIU'.)
(Address)
1'.
(SianalUre)
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IAdd'."l
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,j()
RENUNCIATION
21-96-878
In Re Estate of
{~fJh If IVlitl/r,'
deceased.
To the Reglsler ofWlIIs of e lIn: 1,,'/'/..1 11 (/
County, Pennsylvania.
The undersigned Ii ,..i!:IU r-< (Yht! /,1'
hit ~J)f1 rid
of
Ihe above decedent, hereby renounee(s) the rlghl 10 administer Ihe estate and respeclfully ask(s) (ha( Letters
1p"to rYlP11+rl ..,/
I
be Issued 10 II,-'/-h'll' f( (iiI ,I (".,. ,I r
WITNESS
hand Ihls 1/ I h day of /)1 ;,..1 'r ,19~.
-,~l::;\ ~, 'b2Aa.D
(5ilnalu'\') f \
rt, (~"rbJtI()fr.,1 1!'')5$i(;'~S
I '-""1' ct,,,..: '-')....., '.
(~rl,< I.. (J" 1-101~
(Address)
(Silnalure)
(Addres.)
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e
CERTIFICATION OF NOTICE UNDER RULE 5.61al
NAME OF DECEDENT: RUTH V. HULLER
DATE OF DEATH: JULY 14, 1996
FILE NO: 1996-00878
TO THE REGISTER:
I certify that the notice of beneficial interest required
by Rule 5.6(a) of the Orphans' Court Rules was served on or mailed
to the following beneficiaries of the above-captioned estate on
Januarv 3. 1997:
Name
Address
Barbara H. siegel, 6401 utica Ridge Rd., Brookwood '23, Davenport,
IA 52807
Carol J. D'Amico 210 Oak street, Harrisburg, PA 17109-3714
Susan H. Calaman, 660 Barnstable Road, carlisle, PA 17013
Arthur R. Huller, Jr., Executor of Estate of Ruth V. Huller, 5466
Ashley Drive, Laury's station, PA 18059 ,
Arthur R. Huller, Jr., Trustee under Ruth V. Huller Trust, 5466
Ashley Drive, Laury's station, PA 18059
Arthur R. Huller, Jr., 5466 Ashley Drive, Laury's station, PA 18059
Notice has now been given to all persons entitled thereto under
Rule 5.6(a) except none
Date f /7/C;-,
I
N -=~
- 'r.
0$ ~o...
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1J;= E:
" ~ -:-: ~
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2. ~
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a: ~8
{(l!- (;~ /+-ed.
Signature
Name Alan M. Black. Esa.
Address 740 Hamilton Mall
Allentown. PA 18101
Telephone 610-776-7402
CAPACITY:
PERSONAL REPRESENTATIVE
x
COUNSEL FOR PERSONAL
REPRESENTATIVE
/SI--N, I..-J'
COMHONWEALTH OF PENNSVLVANIA
DEPARTHENT OF REVENUE
. .-
BU~EAU Of INDIVIDUAL TAXES
INliER I UNCE TAll DIVISION
DEP1. ZflD601
HARRlSaURC. PI 111:1-0601
NOTICE Of INHERITANCE TAX
APPRAISEHENT, ALLOWANCE OR DISALLOWANCE
Of DEDUCTIONS AND ASSESSHENT Of TAX
DATE
ESTATE OF
DATE OF DEATH
FILE NUMBER
COUNTY
ACN
03-30-98
MULLER
07-14-96
21 96-0878
CUMBERLAND
101
MAKE CHECK PAVABLE AND REHIT PAVMENT TO:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ....
REV:i54"i-Eif-AFP-ni9---9:fj-NOificE--OF-i:-NHER-iTAiicE-ifAni'ppiiiiisEHE'Nr-,--,m:OWAiicE-O-R-----------------
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
RUTH V FILE NO. 21 96-0878 ACN 101
ALAN M BLACK
BLACK ETAL
740 HAMIL TON
ALLENTOWN
ESQ
MALL
PA 18101
ESTATE OF MULLER
TAX RETURN WAS: I I ACCEPTED AS fiLED
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. R..I Est.t. (Schedule AJ
2. Stocks and Bonda (Schedule OJ
3. Clos.ly Hald stock/Partnership Int.ra.t (Schedule C)
4. Harig.gas/Not.. Raceivable (Schedule DJ
S. Cash/Sank Deposits/Hllc. Parsonal Property (Schedule EJ
6. Jointly Owned Property (Schedule f)
7. Transfars (Schedule G)
8. Tot.l Ass.t.
Altount R.ltt Uad
I X I CHANGED
SEE
.9Jii~
~'
In.,,,, 1111. ....".
RUTH
v
III
121
131
141
151
161
17l
.00
.00
23.785.00
.00
4,823.07
.00
331. 200.31
181
DATE
ATTACHED
03-30-98
Non CE
NOTE: To insure proper
credit to your account,
sub..it the upper portion
of this forlt with your
tax pay...."t.
359,808.38
APPROVED DEDUCTIONS AND EXEMPTIONS:
9. Fun.ral Expans../Ad... COlts/HIIC. Expans.s (Schedule HJ (9)
10. D.bh/Horlg.g. L1.bllltl.s/L1.ns ISch.dulo II 1101 .00
11. Tot.1 D.ductlons 1111
12. Hat Valu. of Tax R.tu~n (12)
13. Charitable/Governmant.l Bequa.ts; Hon-alectad 9113 Trust. (Schedule J) (13)
14. N.t V.1u. of Est.t. Subj.ct to T.. 1141
NOTE: If an assessment was issued previously, lines 14, lS and/or 16, 17 and 18 will
raflect figures that include the total of ALL returns assessed to date.
ASSESSMENT OF TAX:
15. Amount of Lin. 14 at Spousal rat. (15)
16. Anount of line 14 taxable at Lin..I/CI... A rat. (16)
17. Anount of Lin. 14 taxable at Collat.ral/Clals Brat. (11)
18. PrincIpal Tax Due
TAX CREDITS:
PAYHENT
DATE
04-11-97
RECEIPT
NUHBER
AA185386
DISCOUNT 1'1
INTEREST/PEN PAID I-I
.00
INTEREST IS CHARGED THROUGH 04-14-98
AT THE RATES APPLICABLE AS OUTLINED ON THE
REVERSE SIDE OF THIS FORM
8,276.18
1,781.00 X .00=
349,751.20 X .06=
.00 X .15=
1181
AHOUNT PAID
1.113.05
TOTAL TAX CREDIT
BALANCE OF TAX DUE
INTEREST AND PEN.
TOTAL DUE
8.?76 18
351, 532.20
.00
351,532.20
.00
20.985.08
.00
20,985.08
1,113.05
19,872.03
1,791.56
21. 663.59
" If PAID AfTER DATE INDICATED, SEE REVERSE
fOR CALCULATION Of ADDITIONAL INTEREST.
I If TOTAL DUE IS LESS THAN Sl, NO PAYHENT IS REQUIRED.
If TOlAL DUE IS REFLECTED AS A "CREDIT" ICRl, YOU HAY BE DUE
A REfUND. SEE REVERSE SIDE OF THIS fORH fOR INSTRUCTIONS. I
/5-/]6-/3
COMHONWEALTH OF PENNSVLVANIA
DEPARTMENT OF REVENUE
NOTICE OF DETERMINATION AND
ASSESSHENT OF PENNSVLVANIA
ESTATE TAX BASED ON FEDERAL
ESTATE TAX RETURN
DATE
ESTATE OF
DATE OF DEATH
FILE NUMBER
COUNTY
ACN
03-30-98
HULLER
07-14-96
21 96-0878
CUMBERLAND
201
v
*,
BUREAU Of INDIVIDUAL TAXES
IHU[AlTANCE talC DIVISION
D[Pl. :eou.
tlARAISllIMe, Pi 171Z8'0,01
ALAN M BLACK Esa
BLACK ETAL
740 HAHILTON MALL
ALLENTOWN PA 18101
AMount R...ltt.d
11,...11111.111.911
RUTH
V
MAKE CHECK PAVABLE AND REHIT PAVHENT TO:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE. PA 17013
NOTE. To Insur. prop.r cr.dlt to your .ccount, sub.lt tho upp.r portion of this for. with your t.. p.y..nt.
CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR FILES ....
R-EY:48:s-EX--AFP--Coi:-97i-----iiw-N"oficif-OF--nET"ERHiiiATiiiN-AiiD-~SSES!fHENif-------------------.-------.
OF PENNSVLVANIA ESTATE TAX BASED ON FEDERAL ESTATE TAX RETURN ..
ESTATE OF MUL LER
RUTH
V FILE NO.2l 96-0878
ESTATE TAX DETERMINATION
ACN 201
1. Credit For State Death Taxes as Verified
2. Pennsylvania Inheritance Tax Assessed
(Excluding Discount and/or Interest)
20.985.08
3. Inheritance Tax Assessed by Other Stetes
or Territories of the United States
(Excluding Discount and/or Interest)
.00
4. Total Inheritance Tax Assessed
5. Pennsylvania Estate Tax Due
TAX CREDITS:
PAVMENT
DATE
DISCOUNT (+)
INTEREST/PEN PAID (-)
AMOUNT PAID
RECEIPT
NUMBER
:;,
"
DATE 03-30-98
.00
20.985.08
.00
TOTAL TAX CREDIT .00
BALANCE OF TAX DUE .00
INTEREST AND PEN. .00
TOTAL DUE .00
elf TOTAL DUE IS LESS THAN $1, NO PAYHENT IS REQUIRED
If TOTAL DUE IS RefLECTED AS A "CREDIT" ICRI, YOU HAY BE
DUE A REfUND. SEE REVERSE SIDE OF THIS fORH fOR INSTRUCTIONS. I
~. /.
~"
"If PAID AfTER THIS DATE, SEE REVERSE SIDE
fOR CALCULATION OF ADDITIONAL INTEREST.
...
1,....t..'Kl',
'.---1
MCCARTHY, ANEWALT &' ALPERT, II I'
--.I
~.y-_..~_-....I
IMNIHK.M_C^RIIIY
1110M^S C. ^N[\\~n
HOUl'HI ^^I.PI'HI
"1 I ll\ Mil
IIU\\',\MO\ U'~IIIN
"'llIU\HIUIII,.t.
April 2, 199B
Register of Wills
Cumberland County Courthouse
One Courthouse Square
carliola, PA 170t3
In re:
Estate of Ruth V. Muller
File No. 21 96-0B7B
Dear Sir/Madam:
Enclosed please find a check in the amount of
$21,663.59 which represents additional tax due on this Estate
as assessed by the Department of Revenue along with the
original and a copy of the Department of Revenue statement.
Please time-stamp the copy of the statement and
return the same to my office in the enclosed envelope.
Very truly yours,
~4~
Robert A. Alpert
RAA:peb
Enclosures
'~')r.
I~ :.
';.
J
OJ
HO II.\MII.TON STREET' HU'NTOII'N, 1\\ INIOI
THEPIIONE(610) 417.H55'I'^X (610) i17.5670
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INHERITANCE TAX RETURN
RESIDENT DECEDENT
COMMO"WI'"'' 01'"'''''''''''' (TO BE FILED IN DUPLICATE
DlrA.,MrtH Of R(V(tIU(
"..",fJ:U~'1'l:" 0<Jl1 WITH REGISTER OF WILLS) (OUlm COOL
';.1;'"i~~";' 'R~t~ 'v':"""""" 'l'''q;,"n;-:;~D':i'~':'
'~~9':c~'~::~6'~5 U;,?~'~/'9;-uTA~~Yi~7~~-- C Cil r~~~{,~~'l~~d 17013-7621
'~~ll'~;';""^;~h~; "~ :"" '"" .,""" ,"".." rT{'f~~~'~~U~l.;uo~f'.3u3;i~c9'~~i:i;tU(liO'i"--'
EX 1. Original Return 0 2. Supplemental Relurn 0 3. Remainder Relurn
(lor date. 01 doath prior to 12.13.82)
o S. Federal E1tate Tall Relurn Required
1
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,
IHV.UOOUtI1'HI
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o 40. Futuro Inlorlnt Compromi1e
(for dolen 0' death oher 12.12.82)
oecedenl Died Te1tale eX 7. Detedent Maintained 0 liying Tru,'
(Mach copy 01 Willi (Mach copy 01 T.u.')
ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO.
NAMt COMPUTE MAli lUG "DOU~~ -... ,....
Alan M. Black, Esq. Black, McCarthYI'^newalt
740 Hilmi1ton 'lill1 ~ ,
Allentown, PA 18101
~
.....
"~'. . ,r"
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o A.
[X6.
limited ellale
fOR OATIS Of D[ATII AnlR 12131191 CHICK HlRl
If A SPOUSAL
POVERTY CRlDIT IS CLAIM[O I
flU HUMBlR
]'1'J(, - 00R7f1
YlAB
NUM8l B
:z:
a
5
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a:
1. Real EIlate (Schedule Al
2. Stock. and BondI (Schedule B)
3. CloI"ly Held 51oddPorlnenhip lnler.l' (Schedule C)
ll. Mor1goS" and Not., Receivable (Schedule 0)
5. Cosh, Bonk OeposiU & Miscellaneous Penonel Properly
(Schedule E)
6. Jointly Owned Properly (Schedule F)
7. T,anl!'" (Schedule GI(Schedulel)
8. Tolal Gron Aue" (Iolollin.. ,.7)
9. Funerol Expen\es. AdminiSlrative Cas", MilColloneouI
bpe".., (Schedule H)
10. Oebts, Mortgage liabilities, liens (Schedule I)
11. Total Deductions (IDlollin.s 9 & 101
12. Nel Value 01 eslot. (line 8 minus line 11)
13. Charitable and Gov.rnmental BequI"s (Schedule J)
IA. Ne' Value Subject to Tax (line 12 minus line 13)
15. Spousal Tran,fen (for dates of death after 6.30.94)
See In,'rudion' 'or Applicable Percenlage an Reverse
Side. (Indude valuo, from Schedule K or Schedule M.)
16. Amounl of line 14 tOlloble ot 6% role
(Indude value, hom Schedule K or Schedule M.I
17. Amounl of line 14 to...oble 01 15% rote
(Include value, from Schedulo K or Schedule M.)
18. Principal tOil due (Add to... from line' 15, 16 ond 17.)
19. Credih Spou,ol Poverty Credit Prior Payments
Total Numbor of Safe Dopo,il Bou,
& 1\lpert, p.e
._ J
(1)
12)
P)
(41
(5 )
-ll-
23,785.00
-0-
4,823.07
---------.-
'_:
Z
a
~
I-
'"
...
:E
a
...
..
'"
I-
-------_._-~ +
~n_____.___ --.- +
(6) -0-
(7)Ul,200.31
8,276.18
-0-
(8 )
359,808.38
(q) .
8,276.18
351,532.20
-0-
351,532.20
-0-
(10)
(151 332,981.31
1161 n__~~220. 8.9____
(11)
(121
(13)
(141
o
x.__=
K .06 = .__1.!..!!~_~ 0 5
1171.__._______uu___
_uK .15 =
-~_._---------_._--
(18)
1,113.05
Di\Count
Inlcrest
-0-
(1ql
(20)
20. If line 19 is grealer than line IB, enter Ihe difference on line 20, Thi, i, the OVERPAYMENT.
a O'et:r.n~lI'H,.t"TI'll.'ll'.l'I'II(..tlll(~.'..'I~tr.1"'I.lll.'l'.I'U.I''''JlIlcl'l
---.-----...---..---------- .--
1,113.05
---- 0-::'-" -
-'1;113:05
(211
121AI
121BI
21. Uline lB i, greater Ihon Une 19, enter the difference on Li"e 2\. Thi, i, Ihe TAX DUE.
A. Enler the inlere,t on the balance due on line 21 A
B. Enler Ihe 10101 01 line 21 and 21A on Line 21B. This is the BALANCE DUE.
Mob Check Payable to: Register o' Wills, A!lent
~~ BE SURE TO ANSWER ALL QUESTIONS ON REVERSE SIDE AND TO RECHECK MATH -< -< .
Under penaltie, 01 perjury, I dec1arelhat I hO'le e...amined this relurn, i"c1uding occam ponying schedule, and slalements. and 10 the best 01 my it"owlodgo and beliel,
it i, true, correct and complete. I declare that 011 real enlale ha, boen repolted at true maf~el value. Dedarotion of preparer other than the pellonol reprosentative is
based on 011 information 01 which prepofer ho' a"1_it~~~go,____ __ __ _ .__n.___. .,--- ----.----~.----. --------- ---.--.----. -..-.---.------
rr.~:~:}1l:ue'O!J""m.~~~ (..;~T(,., ,)J;. ~ Le;, .~'1-.s~t.J.<.~lr4 /^'t1 J S o'1'{ <;-7
"o...,u"o.' ""Ai.. olHlilHiN,f.1.i"""A"'" -- .-. A06.",' { . 0',(" /
Act '48 of 1994 provldel for the reduction of the tax rotellmpoled on tho not valuo of transfors to or for
the u.e of the Ipoule. The ratel 01 prelcrlbed by tho Ilotute will be:
. 3% (.03) will be applicable for eltatel of decedenll dying on or after 7/1/94 and before 1/1/96
. 20/0 (.02) will be applicable for ellatel of decedenll dying on or after 1/1/96 and before 1/1/97
. 1 % (.01) will be applicable for .Itates of decedents dying on or after 1/1/97 and before 1/1/98
. Spousal transfers occurring on or after 1/1/98 will be exempt from inheritance tax.
PLEASE ANSWER THE FOLLOWING QUESTIONS
BY PLACING A CHECK MARK (.....) IN THE APPROPRIATE BLOCKS.
YES NO
1. Did decedent make a transfer and:
a. retain the use or income of the property trans/erred, ....................................................... X
b. retain the right to designote who shall use the property trans/erred or its income, ...............
c. retain a reversionary interest; or ...................................................................................
X
X
d. receive the promise for life of either payments, benefits or care? .......................................
2. If death occurred on or before December 12, 1982, did decedent within two yeors preceding
death transfer property without receiving adequate consideration? If death occurred alter
December 12, 1982, did decedent tronsfer property within one year of death without receiving
adequate considerotion?..... ........... ...... ........ ................ ..... ...... ....... ................ .................. X
3. Did decedent own an 'in trust for' bank account at his or her death?.....................................
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YESr
YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
X
X
. '~.''''''.n
..,
MCCAIUHY, ANEWAIT & ALPERT, I 1.,'
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cmlBERr~llJm C0l1:.1TY COURTHOUSE
ONE COll~TlI(,"Rr-: R':'UlIPE
CAP.LIRLF. D^ 17013
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UV.IS06".. II III
COMMONWEALTIt OF PENNSYlVANIA
INltERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE "C-2"
PARTNERSHIP
INTEREST REPORT
------.--. .
-------_..-....-_._-~.-
.m_ -FilENU/;fBER
] 99(i-00ll7A
ESTATE OF
Muller, Ruth V.
1.
Namo 01 Partnonhip P-B AGS Genesis Income p" rt-L..
prudentinl Securitics, Inc.
199 Wnter St., 16th Fl.
New York, NY 10292-0116
94-302ll298
Fodoral!. D. Numbor
(A, por Farm 1065)
Dale Busln... Commenced
Addro..
BUlintlS Adivity
2. Clallification of Partnership:
oOonoral
~limitod
oOthor
Oeced.nt WOI a
1 imi tcd partner. If dlcldent was 0 limil.d partn.r, provide initiallnv"lment S
3.
BALANCE Of
CAPITAL ACCOUNT
PARTNER'S NAMES
% Of INCOME
% OF OWNERSHIP
SALARY
~ Ruth V. Muller
~ Other Partners Unknown
c.
.03062
D.
4. E,timatod Valuo of dl<odonl" Intoroll: S 4, 200 . 00
5. Amount and typo of partnorship Indoblodno.. 10 docodonl at dato of doath: S
6. Was there lif. insurancI payable. upon the death of dlCldent, to the partnlnhip' DYe. [llNo
If Y'" Co.h Surr.ndor Valuo: S Not pracood, payablo: S
Ownor of Policy:
7. Was there a wri".n partnership ogre.menl in ,Ked ollhe time of thl deceden", death' DYe, 0No
If yo., anath copy of ogr..ment.
8. Did th. partnership have an Int.r.st in any oth.r pOr1nerships or corporation' Dyes rnNo
If yes, report the necenary Informotion on a separate sh..t, Including Schedule "C..1" or "C.2" far each interest.
9 Old tho docodonl" Inloro.t in tho partnorshlp chansoln Iho yoar bolaro doath if tho dato 01 doath was an or akor 12/13/82 or if doath accurrod
prior 10 12/13182 In Ihela.t two yoan' DYe, ~Na
If yes, explain:
10. Wo, Iho dl<odonl rolalod to any 01 tho athor partners' Dy.. mNa
If yes, explain:
11. Was the partnership dissolved or Iiquidoled after decedenl's death' Dyes (X]No
If yes, report all the related informalion, Including copies of the Sales Agreement and/or Settlement Sheet.
12. Wa.lh. docodont', ,tack .ald' Dyo, IlQNa
If yes, provide a copy of the agreement of sale, elc.
13. Please submit the following information:
A. A detailed description showing the melhod af computalion utilized in lhe valuation of the decedenl's interest.
B. Complete copies of Financial stotemenls or complete copies ohhe Federal Tax Returns (Form 10651 for the year of dealh and A preceding years.
C. If the Company awned Real Estate, furnish a lis' showing the complete address'es and estimaled fair Markel Value". If Real Estale
Appraisals have been secured, please attach copi.s.
14. ALL OTHER INFORMATION RELATIVE TO AFFIXING THE TRUE VALUE OF THE DECEDENT'S INTEREST SHOULO ACCOMPANY THIS
. SCHEDULE.
'(Y,t!06 U. II III
COMMONWEAlTI1OF PENN5YlVANIA
INtlERITANCE TAX RETURN
RE51DENT DECEDENT
SCHEDULE "C-2"
PARTNERSHIP
INTEREST REPORT
Muller, Huth V.
fiLE NUMBER
1996-00878
ESTATE Of
1.
Namoof Pa~nonhlp Summit TilX Exempt L. P. I I
Prudential Securities, Inc.
199 Water St., 16th Fl.
New York, NY 10292-0116
Addrtll
Fodorall. D. Numbor
(A. p.r Farm 1065)
Dale Busin." Comm.nc.d
13-3370413
Busine" Activity
2. Clo"ilicalion of Portnership: OG.nerol
Q'llimil.d
DOth.r
Oec.dent was 0
1 imi ted partner. If decedent was 0 limited partner, provide initial investment S
3.
PARTNER'S NAMES
% OF INCOME
% Of OWNERSHIP
SALARY
BALANCE OF
CAPITAL ACCOUNT
.00811
.01081
.00811
.01081
1-=.0-
-.-t
_J.
n___----1
A. estimat.d Value of deeedonl's inlerest: S
8,272.50
5. Amount and type 01 partnership indebl.d"en ta deCldent at date of death: S
6. Was there lif. insurance payable, upon the death of decedent, to the partnership' DVes ~No
II y... Ca.h Surr.nd.r Valu.: S N.t pracoed. payable: S
Own.r of Policy:
7. Was there a wrinen partnership agreement in effect at the time of the decedent's death' DVes QgNo
If yes, attach copy of agreement.
8. Did the partnership have on inlerest in any olher partnerships or corporation' DVes [XNo
If yes, report the neeenary information on a sflparate sheet, Including Schedule "C.l" or "C.2" for each interest.
9 Old the decedent's Interest In the partnership change in the year before death if the date of death was on or aher 12/13/82 or if death occurred
prior 'a 12/13/82 In Ihe 10"two yea..' Dy.. DNa
If yes, explain:
10. Wa. ,he deced.n' rela'ed 'a any of ,h. oth.r pa~ne..' my.. DNa
II ye.. explain: Husband, Arthur R. ~uller. has a .01081% shilrl'> in Partnershir>
11. Woo ,he pa~ne..hip dillolved or liquidaled oher decodenl'. dea,h' DYe. UlNa
If yes, report all the related information, Including caples 01 the Sales Agreement and/or Seulement Sheet.
12. Wa.,he dec.denl'. .Iock .oldl DYe. mNo
If yes, provide a copy of the agreement of sale, ele.
13. Please submit the fallowing information:
A. A detailed description showing Ihe melhod of compulation ulilized In the valuation of Ihe decedent's interest.
B. Complete copies of financial statements or complete caples ohhe Federal Tax Returns (Form 1065) for the year of death and A preceding years.
C. If the Company owned Real estote, furnish a list showing the complele addreu/es and estimaled Fair Market Value!s. II Real Estale
Appraisals have been secured, please anach copies.
14. ALL OTHER INFORMATION RELATlVETO AFFIXING THETRUE VALUE OFTHE DECEDENT'S INTEREST SHOULD ACCOMPANV THIS
. SCHEDULE.
llV.U06 lh (1"1
COMMONWEAlTIl OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE "C-2"
PARTNERSHIP
INTEREST REPORT
11uller, Ruth v.
-----~fm-NUMiiER
] 9lJ1i-OOR7R
ESTATE Of
~.._..---~------_._---
\.
Nom. of Partn.rshlp Summi t Tax Exempt J,. p .
Prudential Securities, Inc.
199 Water St., 16th Fl.
New York, NY 10292-0116
III
Fod.,all. D. Numb., 13,3442249
(As p.' Fa,m 10651
001. Busln." Camm.nc.d
Add,...
Buslneu Adivity
2. Clanificalion of Partn.rship:
OG.n.ral
K1Umit.d
OOlh.,
Dec.d.nt was a
limi ted
partner. If dec.den' was a limited partner, provide InitiallnvIS'ment S
3.
PARTNER'S NAMES
% Of INCOME
% Of OWNERSHIP
SALARY
BALANCE Of
CAPITAL ACCOUNT
A. Ruth V. Huller
~ Other Partners Un know
c.
D.
~. Estlmol.d Volu. of d.c.d.nl's Inl.r..t: S 11, 312 . 50
5. Amaunl and typo of partnonhlp Ind.bt.dn... 10 d.c.d.nt 01 dol. of d.ath: S
6. Was there lif. insuranc. payable, upon th. death of dlcld.nl, to ,h. partn.rship' Dyes ~No
If y.s, Co.h Surr.nd., Valu.: S N.I prac..ds payobl.: S
Own.r 01 Policy:
7. Was there a wrin.n partnership agre.m.nt In .Hed at th. time of the decedent's death' DYes [S)Na
If yes, anach copy of agr..ment.
B. Did the partn.rship have an intere" In any other partnerships or corporation' Dyes [2}Na
If y.s, r.port the necenary Information on a "parole sheet, including Schedule "C.l" or "C-2" for each interest.
9 Did Ih. d.c.d.nl'slnl.,..t In Ih. partn.rshlp chong. In th. y.ar b.fa,. d.ath If Ih. dol. 01 d.ath was on or oh.r 12/13/82 or if d.ath accurr.d
prior 10 12/13/82 In th.last two y.ars! Oy.. KlNa
If y.s, .xplaln:
10. Was Ih. deced.nl r.lal.d 10 any of the ath.r partn.rs! Oy.s [}lNa
If y.., .xplain:
I\. WAS th. partn.rshlp di..aly.d or Ilquldal.d ah., d.c.d.nl's d.ath! Oy.. llilNa
If yes, r.port all the relaled Information, Induding caples of the Sales Agreement and/or Senlement Sheet,
12. Was Ih. d.c.d.nl's .tock sold! Oy.. I2llNa
If yes, provide a copy of the agreement of sale, etc.
13. Plea II submit the following information:
A. A detailed description showing the method of computalion utilized in lhe valualion of the decedent's inlerest.
B. Complete copl.. of Financal statements or complele copi.. of~he Federal Tax Returns (Form 1065) for the year of death ond A preceding years,
C. If the Company owned Real Eslate, furnish a list showing the comple'e oddreu/.s and estimated fair Mar~el Value", If Real Estale
Appraisals hove been secured, please anaw copi.s,
U. ALL OTHER INFORMATION RELATIVE TO AFFIXING THE TRUE VALUE OF THE DECEOENT'S INTEREST SHOULD ACCOMPANY THIS
SCHEOULE.
."1.',',, .
,.
'i>'l~,.il
n-o.;.':r;.\I\
.... .If, ~....
(()MMl)tIWI AIIlI 01 1'1 tHl~.lI.'AllI^
nun IlIlAHff tAl f11 Ill.,,,
III ~llllfnlJl(l1l11l1
SCHEDULE F
JOINTL V -OWNED PROI'EIHV
Muller, Ruth V.
I fIl[ UUMII[R
199G-OOIl'lR
.---. ---..' .
iSlAhor
Jolnl 10"onl(,I:
NAME
A. Arthur R. Muller
95 Ege
ADDRESS
--'---
Drive, Carlisle. P
17013:76 1
RELATlONSllII' TO DEC[O[NT
Spouse
II.
c.
Jolnlly..owned proporty:
ITEM LETTER DATE
FOR
NUMBE' JOINT MADE DESCRIPTION OF PROPERTY TOTAL VALUE DECO'S DOLLAR VALUE OF
TENANT JOINT OF ASSET % INT. DECEDENT'S INTEREST
1. A Household Goods 1,670.00 Exempt
2. A Farmers Trust Checking
Acct. #1267396 8,986.26 Exempt
Funds held jointly by
decedent and her husband
Arthur R. Muller
3. A Cumberland Crossings
Retirement Community
Refund 121,275.00 Exempt
.
-'---~---~'-,", ---~- -. -
TOT At (Aho enter on line 6, Recopitulalion) S -0-
.- -
(It morl' space is needed insert addItional dlCt'1t 01 some size'
IIVUIIIl'I'.1I1
ESTATE OF
ITEM
NUMBER
SCHEDULE H J
FUNERAL EXPENSES, .
ADMINISTRATIVE COSTS AND
MISCELLANEOUS EXPENSES _u Ploaso Print or Type
rLE NUMBER
1996-00878
!t.~~\,Q
~~~
(OMMOUW[All" or PCU"~Yt\'MIIA
IUlI[RIIAN([ lAX .[JURN
R[$ID[NT O[([OUn
Muller, Ruth V.
DESCRIPTION
1. .
A. Funorol Expenses:
Ewing Brothers Funeral Home
Carlisle, PA
1.
B. Administrative Costs:
2.
3.
4.
C.
1.
2.
3.
'4.
5.
6.
7.
8.
Personal Represenlolive Commissions to Arthur Muller, Jr. JEstimat
Social Security Number 01 Personal Representolive: 184 - 3 8 18 q 0
1997
Year Commissions paid
Allorney Fees Black, McCarthy, Anewalt & Alpert, P.C.
(Estimated)
Family Exemption
Claimant Arthur R. Muller, Relationship
Sr.
Address 01 Claimant 01 decedent's death
Slreel Address 95 Ege Drive
Husband
City
Carlisle
Zip Code17nl,-7F;'l
State P A
Probole Fees - Cumberland County Register of Wills
Miscellaneous Expenses:
TOTAL (Also onler on line 9, Recopitulolion)
(If morc space is needed, insert additional sheots of same size.)
AMOUNT
1,459.70
1,716.48
1,500.00
3,500.00
100.00
S 8,276.18
I~
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estate herein disposed of, or any port thereof, or on any bequest
or deville containod in thio my Laot will (which term wherever uoed
herein sholl include any Codici I hereto), be paid out of my
residuary estate and :.;hall not be charged to or against any
recipient, beneficiary, transferee or owner of any ouch property
or interest:.; in property included in my estate for such tax
purposes.
(2) All such taxes in respect to any property or
interests in property included in my gross estate under sections
2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, and 2044 of the
Internal Revenue Code shall be charged against and paid by the
recipient or beneficiary of such property or interest in property
or from the property or interest in the property, provided,
however: (a) there shall be no apportionment against any donee or
recipient of any such property or interest in property which is a
qualified charity under section 2055 and the property or interest
in property was allowed in my federal estate tax proceedings as a
charitable deduction; (b) there shall be no apportionment against
my husband, if he is a donee or recipient of any such property or
interest in property and the property or interest in property was
allowed in my federal estate tax proceedings as a marital deduction
under IRC section 2056. The amount of the tax to be charged against
such donee or recipient shall be determined by multiplying a
fraction (the numerator of which shall be the federal estate tax
value of the property to be apportioned as finally determined in
my federal estate tax proceedings and the denominator of which
shall be the total value of my taxable estate for such federal
estate tax purposes) times the net amount of such taxes payable by
my estate after the application of all credits against such taxes.
ITEM IV
I give and bequeath all of my personal and household effects
of every kind including but not limited to furniture, appliances,
furnishings, pictures, silverware, china, glass, books, jewelry,
wearing apparel, boats, automobiles, and other vehicles, and all
policies of fire, burglary, property damage, and other insurance
on or in connection with the use of this property, as follows:
(1) I may leave written memoranda disposing of certain
personal property. Any such item of tangible personal property
shall pass according to the terms of such memoranda in existence
at the time of my death. If no such written memoranda are found
or identified by my PERSONAL REPRESENTATIVE within ninety (90) days
after my PERSONAL REPRESENTATIVE'S qualification, it shall be
conclusively presumed that there are no such memoranda and any
subsequent discovered memoranda shall be ineffective. Any property
given and devised to a beneficiary who is not living at the time
of my death and for whom no effective alternate provision has been
made shall pass according to the provisions of the following
Page 2 of the will of RUTH V. HULLER
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paragraph, and not pursuant to any anti-la~;e statute.
(2) In default of such memoranda, or to the extent such
memoranda do not completely or effectively dispose of such
property, I give and bequeath the rest of my personal and household
effects of every kind to my husband, AR'l'HUR R. MULLER, if he shall
survive me. If he shall not survive me, I give and bequeath all
this property to my children surviving me, in approximately equal
shares; provided, however, the issue of a deceased child surviving
me shall take per stirpes the share their parent would have taken
had he or she survived me. If my children and issue do not agree
to the division of the said property among themselves, my PERSONAL
REPRESENTATIVE shall make such division among them, the decision
of my PERSONAL REPRESENTATIVE to be in all respects binding upon
my issue. If any beneficiary hereunder is a minor, my PERSONAL
REPRESENTATIVE may distribute such minor's share to such minor or
for such minor's use to any person with whom such minor is residing
or who has the care or control of such minor without further
responsibility and the receipt of the person to whom it is
distributed shall be a complete discharge of my PERSONAL
REPRESENTATIVE.
ITEM V
I give, devise and bequeath all the rest, residue and
remainder of my property of every kind and description (including
lapsed legacies and devises) wherever situate and whether acquired
before or after the execution of this Will, to the successor
Trustees under that certain Trust Agreement between myself as
Settlor and myself ~ Trustee executed prior to the execution of
this will on, (Jf 1-,1 ,1994. The Trustee shall add the
property bequeathed and devised by this Item to the corpus of the
above described Trust and shall hold, administer and distribute
said property in accordance with the provisions of the said Trust
Agreement, including any amendments thereto made before my death.
ITEM VI
I hereby nominate, constitute and appoint as PERSONAL
REPRESENTATIVE of this my Last will and Testament my husband,
ARTHUR R. MULLER, and direct that he serve without bond. In the
event my husband is unable or unwilling to serve as PERSONAL
REPRESENTATIVES, I hereby nominate, constitute, and appoint
BARBARA H. SIEGEL, and direct that s/he shall serve without bond.
In the event BARBARA H. SIEGEL is unable or unwilling to serve as
PERSONAL REPRESENTATIVE, I hereby nominate, constitute, and
appoint ARTHUR R. MULLER, JR., and direct that slhe shall serve
without bond. Except as otherwise provided herein, if ARTHUR R.
MULLER or any successors as herein defined should fail to qualify
Page 3 of the Will of RUTH V. HULLER
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as Personal Representatives or as Trustees hereunder, or for any
reason should cease to act in such capaci ty , the successor or
substitute Personal Representative or Trustee shall be some bank
or trust company qualified to do business in the state of my
domicile at the time of my death, which successor or substitute
Personal Representative or Trustee shall be designated in a written
instrument filed with the court having jurisdiction over the
probate of my estate and signed by AR~01R R. MULLER or if he fails
to act, by the Court having jurisdiction over the estate.
ITEM VII
Whenever the word "PERSONAL REPRESENTATIVE" or any modifying
or substituted pronoun therefor is used in this my Will, such words
and respective pronouns shall be held and taken to include both the
singular and the plural, the masculine, feminine and neuter gender
thereof, and shall apply equally to the PERSONAL REPRESENTATIVE
named herein and to any successor or substitute PERSONAL
REPRESENTATIVE acting hereunder, and such successor or substitute
PERSONAL REPRESENTATIVE shall possess all the rights, powers and
duties, authority and responsibility conferred upon the PERSONAL
REPRESENTATIVE originally named herein.
ITEM VIII
For its services as PERSONAL REPRESENTATIVE, my individual
PERSONAL REPRESENTATIVE shall receive the amount provided by law.
If a corporate PERSONAL REPRESENTATIVE shall serve, it shall
receive for its services an amount which shall be determined by its
standard Fee Schedule in effect and applicable at the time of the
performance of such services. If no such schedule shall be in
effect at that time, it shall be entitled to reasonable
compensation for the services rendered.
ITEM IX
By way of illustration and not of limitation and in addition
to any inherent, implied or statutory powers granted to PERSONAL
REPRESENTATIVES generally, my PERSONAL REPRESENTATIVE is
specifically authorized and empowered with respect to any property,
real or personal, at any time held under any provision of this my
Will: to allot, allocate between principal and income, assign,
borrow, buy, care for, collect, compromise claims, contract with
respect to, continue any business of mine, convey, convert, deal
with, dispose of, enter into, exchange, hold, improve, incorporate
any business of mine, invest, lease, manage, mortgage, grant and
exercise options with respect to, take possession of, pledge,
receive, release, repair, sell, sue for, to make distributions or
divisions in cash or in kind or partly in each without regard to
Page 4 of the will of RUTH V. MULLER
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tho i ncomo t/lX bani n of Buch iIlH;ot, /Inti i 11 qOlwrll l, to oxorci BO II 1 1
of the poworo in the m/lnllqemont of my Entate which /lny individu/ll
could oxercioo in the manllgoment of nimilur property ownod in ito
own riqht, upon ouch tormn and conditionn lIO to my PEIlSONAL
IlEPIlESENT^,l'IVl~ mllY soom bent, lInd to execute and deliver any and
all instrumento and to do all actG which my PEIlSONAL IlEPIlESENTA'l'IVE
may deem proper or necessary to carry out the purposes of this my
Will, without being limited in any way by the specific grants of
power made, and without the necessity of a court order.
ITEM X
I give to my Personal Representative full discretion to join
with my husband or his Personal Representative in the execution and
filing of joint income tax returns, to consent for federal gift tax
purposes to having gifts made by my husband or by me considered as
having been made one-half by me and one-half by my husband and to
pay as part of my debts so much of the income and gift tax or taxes
assessed as my estate, in the opinion of my Personal
Representative, becomes legally liable to pay and, except as
otherwise provided herein, to make or consent to any or all
elections and to exercise any or all options which may be available
under the terms of applicable tax laws.
ITEM XI
If any share or property hereunder becomes distributable to a
beneficiary who has not attained the age of Twenty-One (21) years
of age or if any real property shall be devised to a person who has
not attained the age of Twenty-One (21) years of age at the time
of my death, then such share or property shall immediately vest in
such beneficiary, but notwithstanding the provisions herein, my
PERSONAL REPRESENTATIVE acting as Trustee may retain possession of
such share or property in Trust for such beneficiary until such
beneficiary attains the age of Twenty-One (21), using so much of
the net income and principal of such share or property as my
PERSONAL REPRESENTATIVE deems necessary to provide for the proper
support, medical care, and education of such beneficiary, taking
into consideration to the extent my PERSONAL REPRESENTATIVE deems
advisable any other income or resources of such beneficiary or his
or her parents known to my PERSONl.!. REPRESENTATIVE. Any income not
so paid or applied shall be accumulated and added to principal.
Such beneficiary's share of property shall be paid over,
distributed and conveyed to such beneficiary upon attaining age
Twenty-One (21), or if he or she shall sooner die, to his or her
personal representatives or administrators. Whenever my PERSONAL
REPRESENTATIVE determines it appropriate to pay any money for the
benefit of a beneficiary for whom a Trust is created hereunder,
then such amounts shall be paid out by my PERSONAL REPRESENTATIVE
in such of the following ways as my PERSONAL REPRESENTATIVE deems
Page 5 of the will of RUTH V. HULLER
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best: (1) directly to such benoficinry; (2) to tho leqnlly
appointed guardian of such beneficiary; (ll to Dome relative or
friend for the care, Dupport and education of ouch beneficiary;
(1\) by my PERSONAL REPRESEN'r^,I'IVI~ using ouch nmounts di rectly for
such beneficiary's care, support and education. My PERSONAL
REPRESENTATIVE as trustee shall have with reDpect to each share or
property so retained all the powers and diDcretion conferred upon
it as PERSONAL REPRESENTATIVE.
ITEM XII
My PERSONAL REPRESENTATIVE shall have absolute discretion, but
shall not be required, to make adjustments in the rights. of any
beneficiaries, or among the principal and income accounts to
compensate for the consequences of any tax decision or election,
or of any investment or administrative decision, that my PERSONAL
REPRESENTATIVE believes has had the effect, directly or indirectly,
of preferring one beneficiary or group of beneficiaries over
others. In determining the federal estate and income tax
liabilities of my estate, my PERSONAL REPRESENTATIVE shall have
discretion to select the valuation date and to determine whether
any or all of the allowable administration expenses in my estate
shall be used as federal estate tax deductions or as federal income
tax deductions and shall have the discretion to file a joint income
tax return with my spouse.
ITEM XIII
If it becomes necessary for a representative of my estate to
qualify in any jurisdiction other than the State of my domicile at
the time of my death, then to the extent that I may legally do so,
I hereby nominate, constitute and appoint my PERSONAL
REPRESENTATIVE named in this will as my representative in such
jurisdiction and direct that such PERSONAL REPRESENTATIVE shall
serve without bond. If for any reason my PERSONAL REPRESENTATIVE
is unable or unwilling to serve as such representative or cannot
qualify as such representative, then I hereby appoint my PERSONAL
REPRESENTATIVE named herein to designate (to the extent that it may
legally do so) a person or a corporation to serve as my
representative and request that such person or corporation shall
serve without bond. Any representative named as provided herein
(to the extent that it may legally do so) shall have in such
jurisdiction all the powers and duties conferred or imposed on my
PERSONAL REPRESENTATIVE by the provisions of this will.
ITEM XIV
For purposes of this my Will, "children" mean the lawful blood
descendants in the first degree of the parent designated, "issue"
Page 6 of the Will of RmMl V. MULLER
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and "deucendnnt:n" mean the lawful blood dencendnnts in any degree
of the nnceutor designated; provided, however, that if n person has
boon adoptod, thut porson shull be considered 11 child of such
adopting parent and such adopted child and hiu issue shall be
considered as issue of the adopting parent or parents and of anyone
who is by blood or adoption and ancestor of the adopting parent or
either of the adopting parents. The terms "child", "children",
"issue", "descendant" and "descendants" or those terms preceded by
the terms "living" or "then living" shall include lawful blood
descendant in the first degree of the parent designated even though
such descendant is born after the death of such parent.
ITEM XV
As used herein, the words "gross estate", "adjusted gross
estate", "taxable estate", "unified credit", "state death tax
credit", "maximum marital deduction", "marital deduction", "pass",
"qualified terminable interest", "qualified terminable interest
property", and any other word or words which from the context in
which it or they are used refer to the Internal Revenue Code shall
be assigned the same meaning as such words have for the purposes
of applying the Internal Revenue Code to my estate. Reference to
Sections of the Internal Revenue Code and to the Internal Revenue
Code shall refer to the Internal Revenue Code amended to the date
of my death.
ITEM XVI
I hereby refrain from exerc~s~ng any power of appointment that
I may have at the time of my death.
ITEM XVII
If any beneficiary and I should die under such circumstances
as would render it doubtful whether the beneficiary or I died
first, then it shall be conclusively presumed for the purposes of
this my will that said beneficiary predeceased me.
ITEM XVIII
Except as otherwise provided herein, all payments of principal
and income payable, or to become payable, to the beneficiary of any
trust created hereunder shall not be subject to anticipation,
assignment, pledge, sale or transfer in any manner, nor shall any
said beneficiary have the power to anticipate or encumber such
interest, nor shall such interest, while in the possession of my
PERSONAL REPRESENTATIVE or Trustee, be liable for, or subject to,
the debts, contracts, obligations, liabilities or torts of any
beneficiary.
Page 7 of the will of RUTH V. MULLER
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TRUST AGREEMENT
This Agreement made this III day of 0 ( ,;-' , 1994,
between RUTH V. HULLER, hereinafter referred to as the Settlor and
Runl V. HULLER, hereinafter referred to as the Settlor-Trustee.
ARTICLE I
FAMILY DEClARATION
As of the sigining of this Trust Agreement, the Settlor is
married to ARTHUR R. HULLER (hereinafter referred to as Settlor's
wife), and the Settlor has four (4) living children, namely BARBARA
H. SIEGEL, CAROL H. D'AMICO, ARTHUR R. HULLER, JR., and SUSAN H.
CALAHAN .
ARTICLE II
TRUSTEE SUCCESSION IF SETTInR DIES OR BECOHES INCAPACITATED
(
If the Settlor-Trustee dies or is adjudicated to be
incompetent or in the event that the Settlor-Trustee is not
adjudicated incompetent, but by reason of illness or mental or
physical disability is, in the opinion of ARTHUR R. HULLER, unable
to properly handle the Settlor's own affairs, then and in that
event the Trustee named below shall immediately become the Trustee
under this Trust Agreement. The Settlor names ARTHUR R. HULLER as
the Successor Trustee. Third parties may rely on an affidavit by
the Trustee named above stating that the Successor Trustee is now
acting as Trustee hereunder.
ARTICLE III
DESCRIPTION OF PROPERTY TRANSFERRED
The Settlor has paid over, assigned, granted, conveyed,
transferred and delivered, and by this Agreement does hereby pay
over, assign, grant, convey, transfer and deliver unto the Trustee
the property described in Schedule A, annexed hereto and made a
part hereof, and has caused or will cause the Trustee to be
designated as beneficiary of those life insurance pOlicies
described in Schedule B, annexed hereto and made a part hereof.
These insurance policies, and any other insurance policies that may
be delivered to the Trustee hereunder or under which the Trustee
C:, may be designated as beneficiary, the proceeds of all such policies
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being payable to the 'l'rustee, and any other property that may be
received or which has been received by the 'l'rustee hereunder, as
invested and reinvested (hereinafter referred to as the "Trust
Estate"), shall be held, administered and distri buted by the
Trustee as hereinafter set forth.
AUTICLE IV
SETTI.OR'S RIGHTS UNDER I.IFE INSURANCE POI.ICIES
During the Settlor's life, the Settlor shall have all rights
under any life insurance policies payable to the Trustee, including
the right to change the beneficiary, to receive any dividends or
other earnings of such policies without accountability therefor to
the Trustee or any beneficiary hereunder, and may assign any
policies to any lender, including the Trustee, as security for any
loan to the Settlor or any other person; and the Trustee shall have
no responsibility with respect to any policies, for the payment of
premiums or otherwise, except to hold any policies received by the
Trustee in safekeeping and to deliver them upon the Settlor's
written request and upon the payment to the Trustee of reasonable
compensation for services. The rights of any assignee of any policy
shall be superior to the rights of the Trustee. If any policy is
surrendered or if the beneficiary of any policy is changed, this
Trust shall be revoked with respect to such policy. However, no
revocation of the Trust with respect to any policy, whether
pursuant to the provisions of the preceding sentence or otherwise,
shall be effective unless the surrender or change in beneficiary
of the policy is accepted by the insurance company. Upon the death
of the insured under any policy held by or known to, and payable
to, the Trustee, or upon the occurrence of some event prior to the
death of the Settlor that matures any such policy, the Trustee, in
its discretion, either may collect the net proceeds and hold them
as part of the principal of the Trust Estate, or may exercise any
optional method of settlement available to it, and the Trustee
shall deliver any policies on the Settlor's life held by it and
payable to any other beneficiaries as those beneficiaries may
direct. Payment to, and the receipt of, the Trustee shall be a
full discharge of the liability of any insurance company, which
need not take notice of this agreement or see to the application
of any payment. The Trustee need not engage in litigation to
enforce payment of any policy without indemnification satisfactory
to it for any resulting expenses.
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l'~SIQHS POR SETTLOR ANI) SET'l'LOR' S SPollSE
IllilUNG SE'l'Tr.on'S l.U'E'rIHE
'l'he Trustee shull hold, manage, invest and reinvest the 'l't"ust.
Estate (if any requires such management and investment) and shall
collect the income, if any, therefrom and shall dispose of the net
income and principal as follows:
(1) During the lifetime of the Settlor, the Trustee shall pay
to or apply for the benefit of the Settlor all the net income from
this Trust.
(2) During the lifetime of the Settlor, the Trustee may pay
to or apply for the benefit of the Settlor such sums from the
principal of this Trust as in its sole discretion shall be
necessary or advisable from time to time for the medical care,
comfortable maintenance and welfare of the Settlor, taking into
consideration to the extent the Trustee deems advisable, any other
income or resources of the Settlor known to the Trustee.
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(3) The Settlor may at any time during her lifetime and from
time to time, withdraw all or any part of the principal of this
Trust, free of trust, by delivering an instrument in writing duly
signed by her to the Trustee, describing the property or portion
thereof desired to be withdrawn. Upon receipt of such instrument,
the Trustee shall thereupon convey and deliver to the Settlor, free
of trust, the property described in such instrument.
(4) In the event that the Settlor is adjudicated to be
incompetent, then and in that event the Successor Trustee may
during the Settlor's lifetime, in addition to the payments of
income and principal for the benefit of the Settlor, pay to or
apply for the benefit of the Settlor's husband, ARTHUR R. HULLER,
such sums from the net income and from the principal of this Trust
as in its sole discretion it shall determine to be necessary or
advisable from time to time for the medical care, comfortable
maintenance and welfare of the Settlor's said husband taking into
consideration to the extent the Trustee deems advisable, any other
income or resources of the Settlor's said husband known to the
Trustee.
ARTICLE VI
SE'I'TI.OR' S RIGHTS TO AMEND. CHANGE OR REVOKE
nlE TRUST AGREEMENT
The Settlor may, by signed instruments del i vered to the
(...... Trustee during the Settlor's life: (1) withdraw property from this
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'I'rust in any amount and at any time upon givin<j t'UilSOnlllJlu noticu
in writing to the 'I'rustee; (2) add other property to thu 'I't.ust; (3)
change the beneficiaries, their respective shares and the plan of
distribution; (4) amend this Trust Agreement in lIny othor respect;
(5) revoke this Trust in its entirety or any provision therein;
provided, however, the duties or responsibilities of the 'l'rustee
shall not be enlarged without the Trustee's consent nor without
satisfactory adjustment of the Trustee's compensation.
ARTICLE VII
DISCRETIONARY PROVISIONS FOR TRUSTEE TO DEAL WITH
SETTLOR'S ESTATE AND MAKE PAYMENT OF DEBTS AND TAXES
After the Settlor's death, the Trustee, if in its discretion
it deems it advisable, may pay all or any part of the Settlor's
funeral expenses, legally enforceable claims against the Settlor
or her estate, reasonable expenses of administration of her estate,
any allowances by court order to those dependent upon the Settlor,
any estate, inheritance, succession, death or similar taxes payable
by reason of the Settlor's death, together with any interest
thereon or other additions thereto, without reimbursement from the
Settlor's PERSONAL REPRESENTATIVE or administrator, from any
beneficiary of insurance upon the Settlor's life, or from any other
person. All such payments, except of interest, shall be charged
generally against the principal of the Trust Estate includable in
the Settlor's estate for Federal estate tax purposes and any
interest so paid shall be charged generally against the income
thereof, provided, however, any such payments of estate,
inheritance, succession, death or similar taxes shall be charged
against the principal constituting Trust B and any interest so paid
shall be charged against the income thereof. The Trustee may make
such payments directly or may pay over the amounts thereof to the
PERSONAL REPRESENTATIVE or administrator of the Settlor's estate.
Written statements by the PERSONAL REPRESENTATIVE or administrator
of such sums due and payable by the estate shall be sufficient
evidence of their amount and propriety for the protection of the
Trustee and the Trustee shall be under no duty to see to the
application of any such payments. The Trustee shall pay over to
the PERSONAL REPRESENTATIVE of the Settlor's estate all obligations
of the United States Government held hereunder which may be
redeemed at par in payment of federal estate taxes.
ARTICLE VIII
CREATION OF TRUST B AND SHARE A
Upon the death of the Settlor, the Trustee shall divide the
Trust Estate (Which shall include any property which may be added
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from the Settlor's generul ostuto) uu lollows:
(1) If the Settlor ill survivad by her huulJund, AH'l'IIUn H.
HULLER, the Trustee shall divide the Trust Estate into Two (2)
separute shares, hereinafter designated as Share "A" lInll 'l'rust "b".
Share A shall be composed of cllsh, securities or other property of
the Trust Estate (undiminished by any estate, inheritance,
succession, death or similar taxos) having a value equal to the
maximum marital deduction as finally determined in the Settlor's
federal estate tax proceedings, less the aggregate amount of
marital deductions, if any, allowed for such estate tax purposes
by reason of property or interests in property passing or which
have passed to the Settlor's said husband otherwise than pursuant
to the provisions of this Article; provided, however, the amount
for Share A hereunder shall be reduced by the amount, if any,
needed to increase the Settlor's taxable estate (for federal estate
tax purposes) to the largest amount that, after allowing for the
unified credit against the federal estate tax, and the state death
tax credit against such tax (but only to the extent that the use
of such state death tax credit does not increase the death tax
payable to any state), will not result in a federal estate tax
being imposed on the Settlor's estate. The term "maximum marital
deduction" shall not be construed as a direction by the Settlor to
exercise any election respecting the deduction of estate
administration expenses, the determination of the estate tax
valuation date, or any other tax election which may be available
under any tax laws, only in such manner as will result in a larger
allowable estate tax marital deduction than if the contrary
election had been made. The Trustee shall have the sole discretion
to select the assets which shall constitute Share A. In no event,
however, shall there be included in this Share A any asset or the
proceeds of any asset which will not qualify for the federal estate
tax marital deduction, and this Share A shall be reduced to the
extent that it cannot be created with such qualifying assets. The
Trustee shall value any asset selected by the Trustee for
distribution in kind as a part of Share A hereunder at the value
of such asset at the date of distribution to Share A of such asset.
Share A shall be paid over and distributed to the Settlor's said
husband free of trust. Trust B shall be the balance of the Trust
Estate after the assets have been selected for Share A.
(2) If the Settlor's husband, ARTHUR R. HULLER, shall not
survive her, Trust B shall be the entire Trust Estate. Trust B
shall be administered as hereinafter set forth.
ARTICLE IX
TRUST B
Trust B shall
be held, administered and distributed
as
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follows:
(1) commencing with the date of Settlor's death, the Truotee
shall pay to or apply for the benefit of the Settlor's said husbflnd
until distribution pursuant to Paragraph (3) all of the net income
from Trust B in convenient installments as the Trustee in its sole
discretion shall determine primarily for the medical care,
comfortable maintenance, and education of the Settlor's said
husband, taking into consideration to the extent the Trustee deems
advisable, any other income or resources of the Settlor's said
husband known to the Trustee.
(2) Prior to division into shares pursuant to Paragraph (3),
the Trustee may pay to or apply for the benefit of the Settlor's
said husband such sums from the principal of Trust B in such shares
and proportions as in its sole discretion shall be necessary or
advisable from time to time for the medical care, education,
support and maintenance in reasonable comfort of the Settlor's said
husband, taking into consideration to the extent the Trustee deems
advisable, any other income or resources of the Settlor's said
husband known to the Trustee.
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(3) Upon the death of the survivor of the Settlor's husband
and the Settlor, the Trustee shall distribute sums of Five Thousand
and 00/100 ($5,000.00) Dollars to each of the Settlor's
grandchildren namely, REBECCA SIEGEL, FREDERICK W. SIEGEL, JR.,
ARTHUR R. HULLER, III, and SCOTT C. HULLER, if they shall survive
me. After distribution of those sums the Trustee shall divide this
Trust as then constituted into equal separate shares 50 as to
provide One (1) share for each then living child of the Settlor and
One (1) share for each deceased child of the Settlor who shall
leave issue then living. Each share for a living child of the
Settlor shall be distributed to such child. Each share for a
deceased child who shall leave issue then living, shall be
distributed per stirpes to such issue.
(4) At such time or in such event as this Trust Agreement
makes no provision for the payment of the then remaining trust
property, one-half (1/2) of such trust property shall be
distributed to the persons who would take, in the proportions they
would take, from my estate if I were then to die intestate the
owner of such property, according to the laws of the State of South
Carolina then in force and effect, and the remaining one-half (l/2)
of such trust property shall be distributed to the persons who
would take, in the proportions they would take, from my husband's
estate if he were then to die intestate the owner of such property,
according to the laws of the State of south Carolina then in force
and effect.
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AIl'l'ICI.~ X
II'mJS'l'~~ SUCC~SSlilli
The Trustee shall be subject to tho following:
(1) If any individual SUccessor trustee should fail to
qualify as trustee hereunder, or for any reason should cease to act
in such capacity, the SUccessor or substitute Trustee shall be the
next person willing to serve from the list below in the order
named:
(i)
(H)
(Hi)
ARTIIUR R. HUILER
BARBARA H. SIEGEL
ARTIIUR R. HULLER, JR.
If none of the above named individuals are willing or able to
serve, then the remaining successor individual trustee or trustees
shall continue to serve without a successor and, if all individual
trustees are unable or unwilling to serve, then a majority of the
adult beneficiaries shall designate in a written instrument filed
with the Court having jurisdiction over this Trust, a successor or
substitute corporate trustee which shall be a bank or trust company
qualified to do business in the state of the Settlor's domicile
and such corporate trustee shall be the sole trustee of this trust.
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ARTICLE XI
DEFINITION OF TRUSTEE
Whenever the word "Trustee" or any modifying or substituted
pronoun therefor is used in this Trust, such words and respective
pronouns shall be held and taken to include both the singular and
the plural, the masculine, feminine and neuter gender thereof, and
shall apply equally to the Trustee named herein and to any
successor or substitute Trustee acting hereunder, and such
successor or substitute Trustee shall possess all the rights,
powers and duties, authority and responsibility conferred upon the
Trustee originally named herein.
ARTICLE XII
SETTING TilE TRUSTEE'S FEE SCIIEDULE
If a corporate Trustee shall serve it shall receive an amount
which shall be determined by its Standard Fee Schedule in effect
and applicable at the time of the performance of such services.
If no such schedule shall be in effect at that time, it shall be
entitled to reasonable compensation for the services rendered.
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The Trustee is authorized in its absolute discretion with
respect to any property, real or personal, at any time held under
any provision of this Trust and without authorization by any court
and in addition to any other rights, powers, authority and
privileges granted by any other provision of this Trust or by
statute or general rules of law:
(1) To retain in the form received any property or undivided
interests in property donated to, 'or otherwise acquired as a part
of the Trust Estate, including residential property and shares of
the Trustee's own stock, regardless of any lack of diversification,
risk or nonproductivity, as long as it deems advisable, and to
exchange any such security or property for other securities or
properties and to retain such items received in exchange, although
said property represents a large percentage of the total property
of the Trust Estate or even the entirety thereof.
(2) To invest and reinvest all or any part of the Trust
Estate in any property and undivided interests in property,
wherever located, inclUding bonds, debentures, notes, secured or
unsecured, stocks of corporations regardless of class, interests
in limited partnerships, real estate or any interest in real estate
whether or not productive at the time of investment, interests in
trusts, investment trusts, whether of the open and/or closed fund
types, and participation in common, collective or pooled trust
funds of the Trustee, insurance contracts on the life of any
beneficiary or annuity contracts for any beneficiary, without being
limited by any statute or rule of law concerning investments by
fiduciaries.
(3) To sell or dispose of or grant options to purchase any
property, real or personal, constituting a part of the Trust
Estate, for cash or upon credit, to exchange any property of the
Trust Estate for other property, at such times and upon such terms
and conditions as it may deem best, and no person dealing with it
shall be bound to see to the application of any monies paid.
(4) To hold any securities or other property in its own name
as Trustee, in its own name, in the name of a nominee (with or
without disclosure of any fiduciary relationship) or in bearer
form.
(5) To keep, at any time and from time to time, all or any
portion of the Trust Estate in cash and uninvested for such period
or periods of time as it may deem advisable, without liability for
any loss in income by reason thereof.
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(6) '1'0 se 11 or exorcise stoek subscri pti on or conversion
rights.
(7) '1'0 refrain from voting or to vote shares of stock owned
by the Trust Estate at shareholders' meetings in person or by
special, limited, or general proxy and in general to exercise all
the rights, powers and privileges of an owner in respect to any
securities constituting a part of the Trust Estate.
(8) To participate in any plan of reorganization or
consolidation or merger involving any company or companies whose
stock or other securities shall be part of the Trust Estate, and
to deposit such stock or other securities under any plan of
reorganization or with any protective committee and to delegate to
such committee discretionary power with relation thereof, to pay
a proportionate part of the expenses of such committee and any
assessments levied under any such plan, to accept and retain new
securities received by the Trustee pursuant to any such plan, to
exercise all conversion, subscription, voting and other rights, of
whatsoever nature pertaining to such property, and to pay any
amount or amounts of money as it may deem advisable in connection
therewith.
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(9) To borrow money and to encumber, mortgage or pledge any
asset of the Trust Estate for a term within or extending beyond
the term of the Trust, in connection with the exercise of any power
vested in the Trustee.
(10) To enter for any purpose into a lease as lessor or lessee
with or without option to purchase or renew for a term within or
extending beyond the term of the Trust.
(11) To subdivide, develop, or dedicate real property to
public use or to make or obtain the location of plats and adjust
boundaries, to adjust differences in valuation on exchange or
partition by giving or receiving consideration, and to dedicate
easements to public use without consideration.
(12) To make ordinary or extraordinary repairs or alterations
in buildings or other structures, to demolish any improvements, to
raze existing or erect new party walls or buildings.
(13) To continue and operate any business owned by the
Settlor at the Settlor's death and to do any and all things deemed
needful or appropriate by the Trustee, including the power to
incorporate the business and to put additional capital into the
business, for such time as it shall deem advisable, without
liability for loss resulting from the continuance or operation of
the business except for its own negligence; and to close out,
liquidate or sell the business at such time and upon such terms as
it shall deem best.
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(14) To collect, receive, and receipt for rents, Issues,
profits, and income of the Trust ~stutc.
(15) To insure the assets of the 'I'rust ~state against damage
or loss and the 'I'rustee against ) lubl 11 ty wi th respect to third
persons.
(16) In buying and selling assets, in lending and borrowing
money, and in all other transactions, irrespective of the occupancy
by the same person of dual positions, to deal with itself in its
separate, or any fiduciary, capacity.
(17) To compromise, adjust, arbitrate, sue on or defend,
abandon, or otherwise deal with and settle claims in favor of or
against the Trust Estate as the Trustee shall deem best.
(18) To employ and compensate agents, accountants,
investments advisors, brokers, attorneys-in-fact, attorneys-at-
law, tax specialists, realtors, and other assistants and advisors
deemed by the Trustee needful for the proper administration of the
Trust Estate, and to do so without liability for any neglect,
omission, misconduct, or default of any such agent or professional
representative provided he was selected and retained with
reasonable care.
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(19) To determine, irrespective of statute or rule of law,
what shall be fairly and equitably charged or credited to income
and what to principal notwithstanding any determination by the
courts or by any custom or statute, and whether or not to establish
depreciation reserves.
(20) To hold and retain the principal of the Trust Estate
undivided until actual division shall become necessary in order to
make distributions; to hold, manage, invest, and account for the
several shares or parts thereof by appropriate entries on the
Trustee's books of account; and to allocate to each share or part
of share its proportionate part of all receipts and expenses;
provide, however, the carrying of several trusts as one shall not
defer the vesting in title or in possession of any share or part
of share thereof.
(21) To make payment in cash or in kind, or partly in cash
and partly in kind upon any division or distribution of the Trust
Estate (including the satisfaction of any pecuniary distribution)
without regard to the income tax basis of any specific property
allocated to any beneficiary and to value and appraise any asset
and to distribute such asset in kind at its appraised value.
(22) In general, to exercise all powers in the management of
the Trust Estate which any individual could exercise in his own
right, upon such terms and conditions as it may deem best, and to
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do all acts which it may doom necessary or proper to carry out tho
purposes of this Trust.
(23) To purchase property, real or personal, from the
Settlor's gonoral estate upon such terms and conditions as to prico
and torms of payment as the Sottlor's PERSONAL HEPRESEN'fATIVE or
administr~tor and the 'I'rustee shall agree, to hold the property so
purchased in the Trust although it may not qualify as an authorized
trust investment except for this provision, and to dispose of such
property as and when the Trustee shall deem advisable. The fact
that the Settlor's PERSONAL REPRESENTATIVE or administrator and the
Trustee are the same shall in no way affect the validity of this
provision.
(24) To lend funds to the Settlor's general estate upon such
terms and conditions as to interest rates, maturities, and security
as the Settlor's PERSONAL REPRESENTATIVE or administrator and the
Trustee shall agree, the fact that they may be the same in no way
affecting the validity of this provision.
(25) To receive property bequeathed, devised or donated to
the Trustee by the Settlor or any other person; to receive the
proceeds of any insurance policy which names the Trustee as
beneficiary; to execute all necessary receipts and releases to
personal representatives, donors, insurance companies and other
parties adding property to the Trust Estate.
(
(26) To permit any beneficiary or beneficiaries to occupy
rent free any residence constituting a part of the assets of a
trust for such beneficiary or beneficiaries and to pay the real
estate taxes thereon, expenses of maintaining said residence in
suitable repair and condition and hazard insurance premiums on said
residence.
ARTICLE XIV
MARITAL DEDUCTION SAVINGS ClAUSE
It is expressly provided that the grant of rights, powers,
privileges and authority to the Trustee in connection with the
imposition of duties upon said Trustee by any provision of this
Trust or by any statute relating thereto shall not be effective if
and to the extent that the same, if effective, would disqualify the
marital deduction as established in Share A hereof. It is
expressly provided that the Trustee shall not in the exercise of
its discretion make any determination inconsistent with the
foregoing intention.
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AU'l'JCJ.P. XV
~'lillS'J'HH "'OU 81ili~t:liaARLJlli1!1:aL&iJL'J.'I'lliliU=nYt
If any share hereunder becomes distributable to a beneficiary
who has not attained the age of Twenty-five (25) years, then such
share shall immediately vest in such beneficiary, but not
withstanding the provisions herein, the 'l'rustee shall retain
possession of such share in trust for such beneficiary until such
beneficiary attains the age of Twenty-five (25), using so much of
the net income and principal of such share as the Trustee deems
necessary to provide for the proper support, medical care, and
education of such beneficiary, taking into consideration to the
extent the Trustee deems advisable any other income or resources
of such beneficiary or his or her parents known to the Trustee. Any
income not so paid or applied shall be accumulated and added to
principal. Such beneficiary's share shall be paid over and
distributed to such beneficiary upon attaining age Twenty-five
(25), or if he or she shall sooner die, to his or her personal
representatives or administrators. The Trustee shall have with
respect to each share so retained all the powers and discretions
had with respect to the trusts created herein generally.
ARTICLE XVI
RESIGNATION OF TRUSTEE
The Trustee may resign this trusteeship during the Settlor's
lifetime by giving the Settlor Thirty (30) days notice in writing
delivered to the Settlor in person or mailed to the Settlor's last
known address, the resignation to become effective as hereinafter
provided. Upon receipt of such notice, the Settlor shall appoint
a successor Trustee which may be a bank or trust company qualified
to do business in the state of the Settlor's domicile. Upon the
failure of the Settlor to appoint a successor Trustee who accepts
the trust wi thin Thirty (30) days from the time notice was
deli vered in person or mailed to the Settlor, the Trustee may
resign to the court having juriSdiction over this trust, which
court may, if it deems advisable, accept the resignation and
appoint a successor Trustee which may be a bank or trust company
qualified to do business in the state of the Settlor's domicile.
Upon the appointment of and acceptance by the successor Trustee,
the original Trustee shall pay over, deliver, assign, transfer or
convey to such successor Trustee the trust property and make a full
and proper accounting to the Settlor, whereupon its resignation
shall become effective. The substitute or successor Trustee upon
acceptance of this Trust and the trust property shall succeed to
and possess all the rights, powers and duties, authority and
responsibility conferred upon the Trustee originally named herein.
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SU8S'I'I'I'U'I'ION 01' 'I'HlIS'l'Jili
The Settlor during the Settlor's lifetime may name a
substitute or successor Trustee which may be a bank or trust
company qualified to do business in the Settlor's domicile by
delivery to the Trustee herein a notice naming the successor or
substitute Trustee and indicating an intent to replace the Trustee
named herein. upon receipt of such notice, the Trustee named
herein shall pay over, deliver, assign, transfer or convey to such
substitute or successor Trustee (which accepts the appointment as
trustee), the trust property and make a full and proper accounting
to the settlor, whereupon the Trustee named herein shall be
discharged and have no further responsibility under this Trust
Agreement. Upon the failure of the Trustee to make such
conveyance, the Settlor may apply to the court having jurisdiction
of this Trust and such court may compel the conveyance by the
Trustee. The substitute or successor Trustee upon acceptance of
this Trust and the trust property shall succeed to and possess all
the rights, powers and duties, authority and responsibility
conferred upon the Trustee originally named herein.
ARTICLE XVIII
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DISTRIBUTION OF TRUST
If at any time any trust created hereunder has a fair market
value as determined by the Trustee of Fifteen Thousand ($15,000.00)
Dollars or less, the Trustee shall terminate such trust and
distribute the trust property to the person or persons then
entitled to receive or have the benefit of the income therefrom or
the legal representative of such person. If there is more than
one income beneficiary, the Trustee shall make such distribution
to such income beneficiaries in the proportion in which they are
beneficiaries or if no proportion is designated in equal shares to
such beneficiaries.
ARTICLE XIX
DEFINI'I'ION OF CHILDREN
For the purposes of this Trust, "children" means the lawful
blood descendants in the first degree of the parent designated; and
"issue" and "descendants" mean the lawful blood descendants in any
degree of the ancestor designated; provided, however, that if a
person has been adopted, that person shall be considered a child
of such adopting parent and such adopted child and his issue shall
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be considered as issue of the adopting parent or parents and of
anyone who is by blood or adoption and ancestor of the adopting
parent or either of the adopting parents. '1'he terms "child",
"children", "issue", "descendant" and "descendants" or those terms
preceded by the terms "living" or "then living" shall include the
lawful blood descendant in the first degree of the parent
designated even though such descendant is born after the death of
such parent.
ARTICLE XX
DEFINITION OF WORDS RElATING TO TIlE INTERNAL REVENUE CODE
As used herein, the words "gross estate", "adjusted gross
estate", "taxable estate", "unified credit", "state death tax
credit", "maximum marital deduction", "marital deduction", "pass",
"qualified terminable interest", "qualified terminable interest
property", and any other word or words which from the context in
which it or they are used refer to the Internal Revenue Code shall
be assigned the same meaning as such words have for the purposes
of applying the Internal Revenue Code to the Settlor's estate.
Reference to sections of the Internal Revenue code and to the
Internal Revenue Code shall refer to the Internal Revenue Code
amended to the date of the Settlor's death.
ARTICLE XXI
SIMULTANEOUS DEATHS
If any beneficiary and the Settlor should die under such
circumstances as would make it doubtful whether the beneficiary or
the Settlor died first, then it shall be conclusively presumed for
the purposes of this Trust that the beneficiary predeceased the
Settlor; provided, however, that if the Settlor's husband shall die
with the Settlor as aforesaid, the Settlor directs that the
Settlor's husband shall be conclusively presumed to have survived
the settlor.
ARTICLE XXII
PAYMENT OF FUNERAl. EXPENSES AND EXPENSES OF I.1.S'1'
IIJMESS OF INCOME BENEFICIARY
On the death of any person entitled to income or support from
any Trust hereunder, the Trustee shall be authorized to pay the
funeral expenses and the expenses of the last illness of such
person from the corpus of the Trust from which such person was
entitled to income or support.
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AR'l'ICLE XXI II
SOUTH CAROLINA LAW TO GOVERN
This Trust Agreement and the trusts created hereby shall be
construed, regulated and governed by and in accordance with the
laws of the State of South carolina.
ARTICLE XXIV
SPENDTHRIFT PROVISION
Except as otherwise provided herein, all payments of principal
and income payable, or to become payable, to the beneficiary of any
trust created hereunder shall not be subject to anticipation,
assignment, pledge, sale or transfer in any manner, nor shall any
said beneficiary have the power to anticipate or encumber such
interest, nor shall such interest, while in the possession of the
Trustee, be liable for, or subject to, the debts, contracts,
obligations, liabilities or torts of any beneficiary.
ARTICLE XXV
c
PERPETUITIES SAVING CLAUSE
Notwithstanding anything herein to the contrary, the trusts
created hereunder shall terminate not later than Twenty-one (21)
years after the death of the last survivor of the Settlor's said
husband and issue living on the date of the Settlor's death, when
the Trustee shall distribute each remaining trust hereunder to the
beneficiary or beneficiaries of the current income thereof, and if
there is more than one beneficiary, in the proportion in which they
are beneficiaries or if no proportion is designated in equal shares
to such beneficiaries.
IN WITNESS WHEREOF, the parties hereto have executed this
Trust Agreement in duplicate the day and year first above written.
(;~,/t ,/. !J/,tt'I; 'L-
RUTH V. HULLER, Settlor
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RUTH V. HULLER, Trustee
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COMMONWEALTH OF PENNSVLVANIA
DEPARTMENT OF REVENUE
INHERITANCE TAX
STATEMENT OF ACCOUNT
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e
BUREAU OF INDIVIDUAL TAXES
INltfRIlANC[ IAl DIVISION
O[Pl. 110.01
UARRISBWG, Pi 1I11a'OClol
III-UII II ai, 111.911
ALAN M BLACK
BLACK ETAL
740 HAMIL TON
ALLENTOWN
ESQ
DATE
ESTATE OF
DATE OF DEATH
FILE NUMBER
COUNTY
ACN
05-18-98
MULLER
07-14-96
21 96-0878
CUMBERLAND
101
RUTH
v
Anount Renitt.d
MALL
PA 18101
MAKE CHECK PAVABLE AND REMIT PAVMENT TO:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
NOTE: To insure proper credit to your .ccount, subnit the upper portion of this farn with your t.x paynent.
CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ..
R-EY:i60TEXuAFFi-ioi-:9:finm-...uiNHERi"r"ANCE'-TAif-SYAfEHE-NT-O"F"AC-Couiif--.-..mm--uum------
ESTATE OF MULLER RUTH V FILE NO.21 96-0878 ACN 101 DATE 05-18-98
THIS STATEHENT IS PROVIDED TO ADVISE OF THE CURRENT STATUS Of THE STATED ACN IN THE NAHED ESTATE. SHOWN BELOW
IS A SUHNARY OF THE PRINCIPAL TAX DUE, APPLICATION Of ALL PAYHENTS, THE CURRENT BAL~~CE, AND, If APPLICABLE,
A PROJECTED INTEREST FIGURE.
DATE OF LAST ASSESSMENT OR RECORD ADJUSTMENT, 03-23-98
PRINCIPAL TAX DUE: 20,985.08
PAVMENTS (TAX CREDITS):
PAVMENT
DATE
04-11-97
04-03-98
RECEIPT
NUMBER
AA185386
AA269927
DISCOUNT (+)
INTEREST/PEN PAID (-)
.00
1,737.57-
AMOUNT PAID
1,113.05
21,663.59
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TOTAL TAX CREDIT
21,039.07
G _d
UQ
BALANCE OF TAX DUE
53.99CR
INTEREST AND PEN.
" If PAID AfTER THIS DATE, SEE REVERSE
SIDE fOR CALCULATION Of ADDITIONAL INTEREST.
I If TOTAL DUE IS LESS THAN '1,
NO PAYHENT IS REQUIRED.
If TOTAL DUE IS RefLECTED AS A "CREDIT" ICRI,
YOU HAY BE DUE A REfUND. SEE REVERSE SIDE Of THIS fORH fOR INSTRUCTIONS. I
TOTAL DUE
.00
53.99CR
"''1I~(I'I''F1 REV -1500 1,",1' V
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COMMONWEAlTtt PE.ftft5nVAtllA INHERITANCE TAX RETURN ru NUMBER
OCPARTMENT Of RrVEtlUE :1 1 ') (, 0 8 7 fj
OCPU8OOl1 RESIDENT DECEDENT
BARRl RURG PA Hl1l\'(y..ol erJ.NTYcmr ".. .-.
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07/111/19~ E
(IF APF'l.lOBU)$I.IIMW<<j,SIW"..f'5N.Wl (lASl,'lRSl,N<<JUIOOlE ""TWI SOCtAL SlMITY M.I.I8ffi
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THIS RETURN MUST BE rlUOIN DUPLICATE WITH THE
Muller. Arthur It 1 1 1 - 0 9 - ') 9 1 0 REGISTER OF WILLS
o Ulnginal R.tum [JI: 2. Supplemenlill R.tum 0 3. R.maind.r R.tum I'" d.... '"" b Il.U'~
o 4. Limited Eslillo 0 4a. Futu..lnl.""ICompmmisel..d...."'''' 1l.la~ 0 5. Fed.ralEstalo Tax R.tum Required
[] f.JPrr.nID<>d T"IilI.~""'g;;;'1 G 7. Deced.nlMainlained aLivmg TMtl'kh..,dlMll _ B. TolatNumberofSa!.Depos~Box..
o 9.1,;ga..g~~~edSu ltted. 0 ?Ors1,&,'ial~~F~~1J..yd..1tJJ;W.\i~f.1fkl.,1\1 0 l1.E1ection 10 tax und.rSec. 9113(A)__w.ol
THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE ANO CONFIDENTIAL TAX INFORMATION SHOULO BE DIRECTED TO:
fW,If CCfAlUTE ,"WlING ADDRESS
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Allentown. p~ 18101
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tR.al Eslalo (Sd1edule A) (1)
2 Slocks and Bond. (Schedule B) (2)
3. C""~ Held Co!poralion,Partlle"h,p 0< SoIe.Propnelo"hip (3)
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4. Mor1gag.s & Notes Receivable (Sd1edule D)
5. Cash. Bank Deposits & Misa!lIaneous P.rsonal Property
(Schedule E)
6 Joinlly o.,ned Property (Sd1edule F)
7. InlerN"", Trans!e" & Misa!lIaneous Non.Probate Property
(Sd1edule G 0< L)
B. ToLTI Gron Anel. (101.11 Lin.s 1.7)
(4)
(5)
(6)
(7)
9. Fun.ral E.pense. & Admin~lralive Costs (Sd1edule H)
(9)
(10)
10. Debts of Deceden( MOr1gag. Uab,hli'ls. & L~ns (Sdledule I)
11. T oLTI Oedut1lons (101a1 Lines 9 & 101
12 H.IValue of EsLTle (lineB minusUne 11)
13. Chanlilble and Gov.mmenLlI BequeslSlSec 9113 Trusts for which an election 10 1.1. has nol oo.n
made (Schedule J)
14. Nel Valu. Subject to Tax ((lne 12 minus Une 13)
15. Amounl of IIOe 14 taxable
allll. spousal tax ralo , .
See inslrudion. on ..v.rse s~e for applic.1ble percenlilge
16. Amounto!hne 14lalable
aI6%ral. 1 9 , 9 0 :1 . I, (,
17. Amounlofhn.,4lalable
at 15%ral.
x .0
x .06
x .15
lB Tax Du.
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19,902.46
(11)
(12)
(131
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19 qn2,I16
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(14)
19 <Jf)~,t,(,
(151
(16)
(17)
(IB)
1. 19[,.1 5
1,1911.15
> > BE SURE TO ANSWER ALL QUESTIONS ON REVERSE SIDE AND RECHECK MATH < <
_';"';3t'!Cr-f"
Dr' . Laurv,;
DATE
r;/'JCI/OQ
DATE '
Decedent's Complete Address:
5 TnLL , AOOIl( S:;
(J'j E"I' IlI'j VI'
OIY
Carl i:1 Je
STAlL
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{il, 0 1'1-7621
Tax Payments and Credits:
1. Tax Due (Pil<Je tline 18)
2. Cred.lslPaymenls
A. Spousal PO'My Credll
8. Prior Payments
C. Disrounl
(1) 1 , 191. . I r,
3. InlereSllPenally if applicable
D.lnleresl
E. Penally
TOlaICredlls(A. 8. C) (2) -0-
TOlallnlereSllPenally (D. E) (3)
4. If line 2 is grealerthan line 1 + line 3, enter the difference. This is Ihe OVERPAVMENT.
Check box on Page 1 LIne 19to requelt a refund (4)
5 'fline 1 . line 31s greaterthan line 2, enlerthe difference. This is Ihe TAX DUE. (5) 1 . 19', . 15
A. Enler Ihe Inleresl on the lax due. (5A)
8. Enter the tolal of line 5 . SA. This Is the BALANCE DUE. (58) 1. 1 94 . 1 5
Make Check Payable to: REGISTER OF WILLS, AGENT
PLEASE ANSWER THE FOLLOWING QUESTIONS
BV PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Did decedent make a transfer and: Yes No
a. retain the use or Income of the properly transferred; ............................................................. [] 0
b. retain the right to designate who shall use the property transferred pr its Income; ................ [] 0
C. retain a reversionary Interest; or............................................................................................. 0 []
d. receive the promise for life of either payments. benefits or care? ......................................... [] 0
2. If death occurred on or before December 12, 19B2, did decedent within two years
preceding death transfer property without receiving adequate conslderallon? If death occurred
after December 12, 1982, did decedent transfer properly within one year of death without
receiving adequate consideration? .............................................................................................. 0 0
3. Did decedent own an 'in trust for' or payable upon dealh bank account or security
at his or her death?......................................................................................................................0 lD
4. Did decedent own an individual retirement account, annuity. or other non. probate property?....O 0
IF THE ANSWER TO ANV OF THE ABOVE QUESTIONS tS YES,
YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN
72 P.S. ~9116 (a) (1.1) (i) provided forlhe reduction of Ihe lax rate imposed on Ihe net value of transfers to or for the use of the
surviving spouse from 6% to 3% for dates of death on or after July 1, 1994 and before January 1. 1995.
72 P.S. ~9116 (a) (1.1) (ii) provided for the reduction of the rate imposed on the net value of transfers to or for the use of the survivin9
spouse from 3% to 0% for dates of dealh on or after January 1. 1995. The statule does not exempt a transfer to a surviving spouse
from tax, and Ihe statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse
is the only beneficiary.
FOR DATES OF DEATH ON OR AFTER JANUARV 1. 1995. Please answer the following question by placing an 'x' in Ihe
appropriate space.
Did the decedent create a trust or similar arrangement which is solely for the surviving spouse's benefit for his or her entire
lifetime? Ves I:S No 0
If you answered yes to Ihe above question, the tax on the trust or similar arrangement is postponed unWthe death of the second
spouse. at which time it will be fully taxable at tho rate(s) applicable to the remainder beneficiary(ies). Enter the value of the trust on
Schedule J. Parlll. in order to remove it from the calculation of Ihe lax due in this estate. You may wish 10 file Schedule 0 in order to
make the election available under Section 9113. If the election is made. the trust or similar arrangement is taxed in the estate of the
fllst decedent spouse, the portion of (he trust or Similar arrangement which benefits the surviving spouse IS taxed at the zero tax rate,
and the remainder Is taxed at the rate(s) applicable to the remainder beneficiary(ies). If you choose to make the election. you must
attach Schedule 0 to a timely.fiIed tax return. along with Schedule(s) K andlor M in order to show the apportionment of the trust or
similar arrangement between the surviving spouse and the remainder beneficiary(ies)
lq~IU,(I'II"l
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SCHEDULE 0
ELECTION UNDER SEC. 9113(A)
(SPQIJSAL DISTRIBUI!ON$)=_
FILE NUMOER
COMIJOtM't-'lTllor rEWl5'1'lV-'tM
11l1t(Rl1-'1lC( 1M R[lURtl
RESIOCtll OCCf{'('H
ESTATE OF
MULLER. RUTH V.
21 96 0878
Do not complete Ihls schedule unless the estate Is making the election 10 lax assels under Section 9113(A) of the Inheritance & Eslatc Tax Act
IIlhe eleclion applies 10 more lban OI)e 11\1\1 or similar anangemenl, a separale fOlm musl be "'ed lor each Irusl
This elCClion a ies 10 Ihe Rut n v. Mu ller Trusl marilal, residual A, 0, 0 . .>S, Unified Crc,JiI elC
Iia Irusl or similar arrangemenl meels Ihe requirements of Seclion 9113(A), and:
a. The lrusl 01 similar arrangemenlls Ilsled on Schedule 0, and
b. The value of Ihe lrust 01 similar arrangement is enlered in whole or in part as an assel on Schedule 0,
Ihen Ihe IranslerO<'s personal replescnlalive may specifically identify Ihe lrusl (all 01 a fractional portion or percenlage) 10 be induded '" Ihe elechon 10 have such IruSI or
similar property Ireated as a laxable Iransfer in Ihis eslale. 11 less Ihan Ihe entire value ollhe lrust or similar plopcrty is included as a laxable Iransler on Schedule O,lhe
personat represenlalive shall be considered Ie have made Ihe election only as 10 a fraction of Ihe lrusl or similar anangemen\. The numeralor ollhis fraction is equal 10
Ihe amounl of Ihe lrusl or similar anangemenl induded as a laxable assel on Schedule O. The denominalor is uallo Ihe lolal value otlhe Irusl or similar arran ement
PART A: Enter the description and value 01 all interests. both taxable and non,taxable, regardless 01 location, which pass to the decedent's
survivin s use under a Section 9113 A trust or similar arran ement
Df.SCRlPll()tl VA.l.ut:
1. Ruth V. Muller Trust - Schedule r.. Item 1
19,CJ02.46
Part A Total S 19 902.46
PART B: Enter the descri tion and value of all interests included in Part A for which the Section 9113 A election to tax is bein made.
Ol~RIPIl()fl V.&.lut:
1. Ruth V. Muller Trust - Schedule G, Item 1 19,902.46
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" Part B Tolal_L ~.,9,~~~~_
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(111l1C1fe ~,p,10~ \0; rlf.'f'11ed In',eft ,1,Mllll,n;J! ~hf't'l'l ollhe same Site)
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CERTIFIED .
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REGISTER OF WILLS
CUMBERLAND COUNTY COURTHOUSE
ONE COURTHOUSE SOUARE
CARLISLE PA 170i3
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REGISTER OF HILLS
ATTENTION: CHERYL
CUMBERLAND COUNTY COURTHOUSE
ONE COURTHOUSE SQUARE
CARLISLE PA 17013
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McCARTHY, ANEWALT &- ALPERT,I.L1'
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DANIEL K. M,CARfIIY
TII0MASCANEWAI.T
ROBERT A. AI.PERT
melll:""11
IIl1\\ARIlS. 1.1'51 UN
\\11111'11I1111'"41
June 11, 1998
Register of wills
Attention: cheryl
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
In re:
Estate of Ruth V. Muller
File No. 21 96-0878 and
Estate of Arthur R. Muller
File No. 21 96-0893
Dear Cheryl:
Pursuant to your telephone conversation with our
office, enclosed please find copies of the Inheritance Tax
Return Resident Decedent supplemental Return for the above
estates and two (2) checks in the amount of $15.00 each to
cover the filing fee of the returns. Thank you.
Very truly yours,
. .,.,~_::;;;r-p:~
...--~ --~
Robert A. Alpert
RAA:peb
Enclosures
HOIIAMII.TONSTRI'ET' "',UNIOWN. PA 18101
lI'tEI'II0NI' (610) ~ J7'H55 .)'AX (610) ~ J7'5670
lIty'!m(J'll'~ ~~!.
COUMOO~5'lV'''''
DEP'RT~[HT Of RmHU[
[)[PT III()(JJ,
HARRI 0 R PA 111 ()"..ol
[)(ClotKfS N.Wl (\.ASl, 'IR~'. N()U100U INlIWIIIlot .b1..... tnt." Mp." .o'dl
11 - ,.11 I' , ~\
REV-1500
INHERITANCE TAX RETURN
RESIDENT DECEDENT
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SOCIAL SlCURITl M...tA8[R DAlE Of otAlli
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{1F N'f\ICAllLEl5lM'vMhG5POU!>f: S"-Wl (l.lSl,flRST,NtJUlOO\llNl1Al1 socw. SlCUflITl Pf..I,lBlR
OATI-Of 8IHIH
n 7/0 r, / I ') I 7
THIS RETVRH MUST BE FUD IN DUPLICATE WTTH THE
REGISTER OF WILLS
o 1. Original Relum B 2. Supp~menlal Relum 0 3. Remainder Relum I" d....... . ,/uen
o Hlmite<lESlate O.aFulurelnlereSICompmmisel""d,,.......ll.,an 0 5. Fe<leral Eslate Tax Relum Required
rn 1)~enl Died ~eslale \!U...,~WII. l:'9 l.lle<:edent Mainlainl'd a L~(ng Trusl 1/<><'.", d T..... _ 8. TOIaI Number 01 Safe Deposrt Bo'es
'HI. nrcvlOUS 1 V SUll1111 ttcd. Trust nrCVJ or's 1 V sut1lTIlttc'L .
o .Ll1l<JeIiOllP_sR"",ired 0 10. Spoosal Poverty Cre<lrt 1""",,.._11.31.11'" ,.,.l\1 0 11. Election 10 tax under Sec. 9113(A)iI<'<'SdlOI
THIS SECTION MUST BE COMPLETEO. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULO BE DIRECTEO TO:
NAME CCUP\.ETE l.WUNG ,tDORESS
AI crt Eso
~ Al Cl.t f..L.P.
740 'lI.:tmi] ton Street
Allr'ntnwn. PA IRIO]
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2. SIOd<5 and Bonds (Sche<lu~ B)
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3. Closely Held CorporaliOll,Partnersh,p or SoIe-Propl1elorship
(11
(2)
(3)
(4)
(5)
(6)
(7)
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5. Cash, B.1nk Deposits & Miscellaneous Pe""nal Property
(ScI1e<lu~E)
6. Joinlly o..ne<l Property (Sche<lu~ F)
7. Inler.VIVOS Transfers & Miscellaneous Non.Probate Property
(Sche<lu~ G or L)
8. Tolll GrolS Amts (tolalUnes 1.7)
9. Funeral E'penses & Administrative Costs (Sche<lu~ H)
(9)
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10. Debts 01 DecedenL Mortgage Llabil,ll'lS, & L~ns (ScI1e<lu~ I) (10)
11. Tolll Deductlonl (Iolal Lines 9 & 10)
(11) 0
(12) , I 7 2 <) 'l 5 .4 'l
(13) n
(14) , I 7 2 , 9 'l 5 . 4 9
(15) 0
(16) I 0 I 3 7 9 .7 3
(17) n
(18) 1 0 , 3 7 'l '7 3
12. Net Vllu. of EIlIt. (Line 8 minus Line 11)
13. Chanlab~ and Govemmenlal BequestslSee 9113 Trusts lor which an election 10 lax has nol been
made (ScI1e<lu~ J)
It Nil V.lu. Subjlot to Tu (Line 12 minus Line 13)
15. Amount 01 line 141alab~
atlhespoosaltaxrale , ,
See ino!nJdions on reverse side lor applicab~ percentage
16. Amount ol1ine 141alab~
at6%rate , I 7 2 I 9 'l 5 .4 9
17. Amount of Hne 141alab~
e115% rale
x .0
x .06
x .15
18. Tu Due
19.
DATE
Or.
Laurvs Station r
1QI)50
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DATE
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Decedent's Com lete Address:
SIRHT AOOR[SS
II
O1Y
Carl is Il'
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1701 ]-7621
Tax Payments and Credits:
1. Tax Due (Page 1 Line 18)
2. CredltslPaymenls
A. Spousal Poverty Credit
B. Prior Paymenls
C. Discounl
(1) ] 0 , 37 CJ . 7 )
Total Credits (A + B + C) (2) - 0-
3. InleresUPenalty if applicable
D.lnlerest
E. Penally
TotallnleresUPenalty (D. E) (3)
4. If line 2 is greater than line 1 + line 3, enter the difference. This Is Ihe OVERPA VMENT.
Check box on Plge 1 Llnl19 to request I refund (4)
5. If line 1 + line 31s grealer than line 2, enler the difference. This Is the TAX DUE. (51 10, 379 . 73
A. Enler the Interesl on the lax due. (SA)
B. Enler the lolal of Une 5 + SA. This Is the BALANCE DUE. (58) 10 , 379. 7 3
Make Check Payable to: REGISTER OF WILLS, AGENT
PLEASE ANSWER THE FOLLOWING QUESTIONS
BV PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Old decsdent make a transfer Bnd: Yes
a. retain the use or Income of the property transferred: ............................................................. I!J
b. retain the right to designate who shalf use the property transferred pr Its Income; ................ I!J
c. retain a reversionary Interest; or............................................................................................. 0
d. receive the promise for life of either payments, benefits or care? .........................................I!J
2. II death occurred on or before December 12, 1982, did decedent within two years
precsding death transfer property without recslvlng adequate consideration? II death occurred
after December 12. 19B2. did decedent transfer property within one year of death without
recslvlng adequate consideration? .............................................................................................. ~ 0
3. Did decedent own an 'in trust for" or payable upon death bank account or security
at his or her death? ......................................................................................................................0
4. Old decedenl own an Individual retirement account, annuity. or other non.probate property?.... []
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No
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IF THE ANSWER TO ANV OF THE ABOVE QUESTIONS IS YES.
YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN
72 P .5. ~9116 (a) (1.1) (i) provided for the reduction of the tax rate Imposed on the net value of transfers to or for the use of the
surviving spouse from 6% to 3% for dates of death on or after July 1, 1994 and before January 1, 1995.
72 P.S. ~9116 (a) (1.1) (ii) provided for the reduction of the rate imposed on the nel value of transfers to or forthe use of the surviving
spouse from 3% 100% for dates of death on or after January 1, 1995. The statute does not exempt a transfer to a surviving spouse
from tax, and the statutory requlremenls for disclosure of assets and filing a tax return are stilf applicable even If the surviving spouse
Is the only beneficiary.
FOR DATES OF DEATH ON OR AFTER JANUARV 1. 1995. Please answer the following question by placing an 'x'ln the
appropriate spacs.
DId the decedent create a !ruBt or Blmllar arrangement which Is solely for the survivln9 spouse's benefit for his or her entire
lifetime? Ves 0 No 0
II you answered yes to the above question, the tax on the trust or similar arrangement is poslponed until the death of the second
spouse, at which time it will be fully taxable at the rate(s) applicable to the remainder beneficiary(ies). Enter Ihe value of the trust on
Schedule J. Part II, in order to remove it from the calculation of the tax due In this estate. You may wish to file Schedule 0 In order to
make the election available under Section 9113. If the election Is made, the trust or similar arrangement Is taxed In the estate of the
first decedent spouse, the portion of the trust or similar arrangement which benefits the surviving spouse is taxed at the zero tax rate,
and the remainder is taxed at the rate(s) applicable to the remainder beneficlary(ies). II you choose to make the election, you must
attach Schedule 0 to a timely.fiIed tax return, along with Schedule(s) K and/or M in order to show the apportionment of the trust or
similar arrangement between the surviving spouse and the remainder beneficiary(ies).
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McCARTHY, ANEWALT &: ALPERT,I.I.I'
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llANIELK.M.CARIIII'
TII0MASCANEWUT
ROBI'RT A.AI.PERT
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June 8, 1998
Register of Wills
cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
In re:
Estate of Arthur R. Muller
File No. 21 96-0893
Dear Sir/Madam:
Enclosed please find a Rev-1500 Inheritance Tax
Return Resident Decedent supplemental Return, for filing
regarding the above Estate and a check in the amount of
$10,379.73 which represents the tax due.
Very truly yours,
~-7..4'~
Robert A. Alpert
RAA:peb
Enclosures
CBRTIPIED MAIL
RETURN RECBIPT REQUESTBD
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TEI.ErIlOSE (610) H7.H55 'I'AX (610) i 37.5670
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REGISTER OF HILLS
CUMBERLAND COUNTY COURTHOUSE
ONE COURTHOUSE SQ"ARE
CARLISLE PA 17013
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MCCARTHY, ANEWALT &: ALPERT, I. II'
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1II0MASC.ANI'\\~1.I
ROBI.RI A,AI.I'I.BT
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June 8, 1998
Register of Wills
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
In re:
Estate of Ruth V. Muller
File No. 21 96-0878
Dear Sir/Madam:
Enclosed please find a Rev-1500 Inheritance Tax
Return Resident Decedent Supplemental Return, for filing
regarding the above Estate and a check in the amount of
$1,194.15 which represents the tax due.
Very truly yours,
RAA:peb
Enclosures
~:;:;;T ..d~~'
Robert A. Alpert
CERTIFIBD MAIL
RETURN RECBIPT REQUBSTBD
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TEI.EPIIONI. (610) i J7,H55. 1',1 X (6101 iJ7'5670
PA'fflEHT:
Detach the top porUon of thh NoUn and sw.1t with your p.YIIent a8d8 p.yabl. to the ~e end addr...
printed on t~ ravars. .Ida.
If RESIDENT DECEDENT aaka cheek or aoney order p.yable to: REGISTER OF WILLS, AGENT.
If HON.RESIDENT DECEDENl aak. check or aoney order p.yable to: COHHONWEALTlI OF PENNSYLVANIA.
REfUND (tah A rafund of a talll cr.dlt, which was not requested on the hill Return, aay be requtlsted by cu.platlna ."
-Applleetlon for Refund of Pennsylvania I~rltanca and [state lalll- (REV-ISIS). Applications ar. available at
t~ Dfflca of the Raglstar of Wills, any of the 23 Ravenue District Dfflcas or froe the Depart.-nt's Z4-hour
answarlna s.rvlce nuabars for fora. ordering: In pennsylvenla 1-800-36Z.2050, outside PennSYlvania
and within local H.rrlsburg are. (717) 781'8094, TOO' (111) 712-2252 (Hearlna lapalred only).
REPLY TO:
QunUon. ragardlng arrors contained on this noUce should be lIddra..ed to: PA Departeent of Ravenue, auraau
of Individual lalllas, ATTN: Post A..e,..ent Review unit, Dept. 280601, Harrl.borg, PA 11128-0601, phone
(717) 787-6505.
DISCOUKT:
If any talll due I. paid within thr.. (]) calendar .onth. after the dacadent'. death, a five ~rcent (5X) dl.count
of tha t.1II paid I. allowad.
PENALTY:
The 15% talll eane.ty non-participation penalty Is coaputad on the total of the tax and Intara.t a..a..ad, and not
paid before January 1&, 1996, tho first day aftar the and of tho tax .....ty period.
INTEREST:
Intere.t Is charged beglnnina with first d.y of delinquency, or nine (9) aonths and ona (1) d.y froe the date of
d..th, to the d.t. of pay.ent. lallla' which bacllllle delinquent bafore J~.ry 1, 1982 bear Inter..t at the rate of
six (6%) parcant par ~ calculated at a dally rate of .000164. All tallie' which bec... delinquent on and .ftar
January 1, 1982 will bear intare.t at a rate which will vary fro. cal.ndar year to cal.ndar year with that rat.
announced by the PA Depart.ant of Ravenue. lhe applicable Intere.t rata. for 1982 through 1998 ar.:
V.ar Int.r..t R.te Dally Intare.t Factor
Vear
Int.n,t R.te
Dally Intere.t F.ctor
1982 20% .ooo~a 11187 ,~ .000247
11183 16:1: .0004S8 19BB-lfJ91 11:1: .000]01
1'" 1I~ .00OSOI '''Z ,~ .000247
1985 U~ .DDOSSt. 19lJ3-1994 n .000192
1986 10% .00027" 1995-19lJ8 ,~ .OOD247
--Int.r.s t I_ calculat.d a. follows:
INTEREST = BALANCE OF TAX UNPAID X NU"BER OF DAYS DELINQUENT X DAILY INTEREST FACTOR
--Any Notlc. I.sued .fter the ta. b.coa.. d.llnquenl will refl.ct an Int.r..t calculetlon to fifteen (15) days
beyond the dete of the .......ent. If p.yaant I_ aade nft.r the Inter..t cu.put.tlon det. shown on the
Notice, additional Int.r..t .u.t be calculated.
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
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MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
R.glsler 01 Wills
Cumb.rl.nd Counly Courthous.
C.rlls'., PA 17013
CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~
-REV~~7E~~~npC-------NOT~EoFThHEmTANCETAXAPPRA~EMENT~AUOWANCEOR----------------.
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
MULLER RUTH V FILE NO. 21 96'()878 ACN 501
7AX RETURN WAS: (0) ACCEPTED AS FILED ( 181 ) CHANCED
RESERVATION CONCERNING FUTURE INTEREST. SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON: LITIGATION RETURN
BUBEAU OF INDIVIDUAL TAXES
INIU'IlITANC[ TAX DIVISION
DEPT. 280M'
u^,mISnUHG, P^ 171~'/I OWl
NOTICE OF INHERITANCE TAX
APPRAISEMENT, ALLOWANCE OR DISALLOWANCE
OF DEDUCTIONS AND ASSESSMENT OF TAX
DATE
ESTATE OF
DATE OF DEATH
FILE NO,
COUNTY
ACN
08.24.98
MULLER RUTH V
07.14.96
21 96'()878
Cumborl.nd
501
ROBERT A ALBBRT BSO
740 HAMILTON ST
ALLBNTOWN PA 18101
Amounl Remitted
ESTATE OF
DATE 08.24-98
SEE ATTACBEo NOTICE
1. Re.l Estate (Schedule A)
2. Stocks and Bonds (Schedule B)
3. Closely Held Stock/Partnership Interest (Schedule C)
4. Hortg.ges/Notes Receivable (Schedule 0)
5. C.sh/B.nk Deposits/ Hisc. Personal Property (Schedule E)
6. JOintly Owned Property (Schedule F)
7. Translers (Schedule C)
8. Total Assets
APPROVED DEDUCTIONS AND EXEMPTIONS:
9. Funer.l Expenses/Aa.. Costs/Hlsc. Expenses (Schedule H) (9) 0.00
10. oebts/Hortgage L1.bllities/Liens (Schedule I) (10) 0.00
11. Total Deductions (11) 0.00
12. Net V.lue 01 Tax Return (12) 19,902.46
13. Charitable/Coverrrnental Bequests; Non-elected 9113 Trusts (Schedule J) (13) 0.00
14. Net Value 01 Estate Subject to Tax (14) 19,902.46
NOTE: lion ......m.nt w.s I..u.d pr.vlously, IIn.s 14, 15 and/or 16, 17 .nd 18 will ,.II.clllgur..
Ih.llnclud. Ih. 101.1 01 AJ.1. r.lurns .ss....d to d.I..
(1)
m
(3)
(4)
(5)
(6)
(7)
0.00
0.00
0.00
0.00
0.00
0.00
19,902.46
(8)
ASSESSMENT OF TAX:
15. Amount 01 Lin. 14 .t Spous.l r.te (15)
16. Amount on Line 14 t.x.ble at Lineal/Class A r.t. (16)
17. Amount 01 Lin. 14 ta..ble .t Collateral/Class B rate (17)
18. Prlnclp.l Tax Duo
TAX CREDITS:
NOTE: To Inlure proper
credit to your IccounL
submit the upper portion
of this form with your
la. payment.
19 , 902 .46
0.00 X .00= 0.00
19,902.46 X .06 = 1,194.15
0.00 X .15 = 0.00
(18) 1,194.15
PAYHENT
DATE
04'03-98
06-09'98
RECEIPT
NlJIBER
AA269927
AA296301
DISCOUNT (+)
INTEREST/PEN PAID (-)
0.00
49.84 -
AMOUNT PAID
53.99
1,194. IS
TOTAL TAX CREDIT
BALANCE OF TAX DUE
INTEREST
TOTAL DUE
1,198.30
4.15 CR
.00
4.15 CR
.
IF PAID AFTER DATE INDICATED, SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST.
(IF TOTAL DUE IS LESS THAN SI, NO PAYMENT IS REQUIRED.
IF TOTAL DUE IS REFLECTED AS A CREDIT (CR), YOU MAY BE DUE
A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.)
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STATUS REPORT UNDER RULE 6,12
Name of Decedent:
1< LL '-H.
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Date of Death:
Will No,
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Admin. No,
pursuant to Rule 6,12 of the Supreme Court Orphans'
Court Rules, 1 report the following with respect to completion of
the administration of th~ above-captioned estate:
1.
State whether agministration of the estate is complete:
Yes No V
state when the personal
that the administration will be
2. If the answer is No,
representative rrasOnablY believes
complete:~ 6_'1'/
3. If the answer to No, 1 is Yes, state the following:
a. Did the personal representative file a final
account with the Court? Yes No
b. The separate Orphans' Court No. (if any) for
the personal representative's account is:
c. Did the personal representative state an
account informally to the parties in interest? Yes No
d. Copies of receipts, releases, joinders and
approvals of formal or informal accounts may be filed with the
Cerk of the Orphans' Court and may be attached to this report.
Date: ~ 1.2 LI I ')'"
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signat.ure
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Name (Please type or print)
>(/{:.(.. /t/,i,,/ // ;. L
Address~'('-':'f~ :-(..'I,,"~ ,'c, l':fc.~ 'f
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(e ,..) :),J...-I- I 7') ~.-
Te 1. No.
Capac i ty: / Personal
Representative
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