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Home My WebLink About80-00719 ;wx~.~ ("., iJlt:/ . . -M',"7\.- ~l~';{ .''-.:,:"C ~~,.\, ~~i::.~, ' , , .' ."',, ,;'::" . .....0. '-',"' . "":. ~ '.,..;-,. ~ ~ ,.,"-" ~ u ~ ~ tI) ~ m j.;I ~ " r<. (r, .. ~ ~ ~ .\"1 tI) ~ ',- . ' 1'" ~ ~ U H p:; U = 00 ..... I 0 - .~.... . ' ;<<"'4 " ... ~ . G ..,'0. ... \0 ~ ,-'-. ..Z. . .. "'.' ,.""., '. No. 24~80 71.~ PETITION FOR PROBATE OF WILL AND LETTERS TESTAMENTARY in the Estate of RICHARD MELVILLE CALDWELL , deceased, Mary C. Lewis To ~~ Register of Wills for the County of Cumberland, in the Commonwealth ot Pennsylvanio. IS Petitioner(~9F4 the execut..-i'lC named in the Lost Will and Testament of Richard Melville Caldwell dated March 27. 196:; Decedent was a citizen of the United States and a resident of ~mk~ Borough, Cumberland County, Commonwealth Carlisle of Pennsylvonia. Decedent died on Saturday A. D. 19~, in the County of the 20th day of September Stote of Dauphin Pennsylvania at the age of 54 years, ::bast _ Jber Decedent has not been married ond has not had children born to him since the execution of the above described Will. Decedent was possessed of personol property to the value of unestimated and of reol estate to the value of -1L" ': t. ,J-J..- )tluN os near os can be ascertained; said real estate situated as follows appbv Therefore, your petitioner(sa respectfully applies for the probate of the soid Last Will and Testament and for Letters Testomentary thereon, Dated S"ptPmhf>r? ') 1 9RO Name and oddress of Petitioner(s) /.) ~ ,~J.;"1' rM(' jl./l./.A'~ BETTY JANE CALDWELL 562 West Penn Street Carlisle, PA 17013 COMMONWEALTH OF PENNSYLVANIA ~ ss COUNTY OF CUMBERW\ND Betty .lane C"ldw,,'1 named in above application, being duly sworn according to law say(s) that the statements set forth in this petition are true to the ~&ll.: knowledge ond belief, // and subscribed before JJLt,t-ffAd~ me~sePt. 25 1980 VJ . (!. . ~) , Register Mary C. Lewis iJfJJZO Mart son , Esquire MART SON , P.e. best of 'h~y ~~ Sworn to November 10, 1980 Attorney: William F. WILLIAM F. .' -, . A ~. LAST WILL AND TESTAMENT OF RICHI>RD MELVILLE CALDWELL I, RICHARD ImLVILLE CALDVmLL, of Carlisle, Pennsylvania, declare this to be my last Will, hereby revoking all prior wills and codicils. FIRST: I give all my tangible personal property and any insurance thereon to my wife, BETTY JANE CALDW~LL. If she dies before the thirtieth day following the day of my death, this gift shall lapse or be divested and such property shall pass in equal shares to my children living at the death of the survivor of my wife and myself, particular articles to be allocated among them as they agree, or, if they cannot agree, as my Executor decides. My Executor shall represent any minor child in any division of such property and shall deliver to the person stand- ing in the place of a parent to such minor, without bond, such portion of the minor's share as my Executor, after considering the minor's wishes, deems appropriate and shall sell the balance and retain the proceeds for the minor under Item Third hereof. SECOND: I give the residue of my estate, real and personal to my wife, BETTY JANE CALDWELL, provided that if she dies before the thirtieth day following the day of my death this gift shall lapse or be divested and I give such property to my issue living at the death of the survivor of my wife and myself, per stirpes. THIRD: I appoint my Executor as Guardian with power (i) to receive and hold for minors all property payable by law to a guardian appointed by my Will; (ii) to invest such property and all accumulated income without restriction to investments authorized - ( for fiduciaries; and (iii) to use income and principal for the minor's maintenance and education, either directly or by payment to any person selected to disburse it whose receipt shall be a complete acquittance therefor. All unexpended principal and income shall be paid to the minor at majority. Guardian may, in discharge of all duty hereunder, pay any minor's share deemed impractical of administration to the person standing in place of the minor's parent or deposit it in an interest-bearing account in the minor's name. FOURTH: No provision in this Will is intended to exer- cise any power of appointment. FIFTH: No interest of any beneficiary under this Will or any codicil hereto shall be subject to anticipation or volun- tary or involuntary alienation. SIXTH: In addition to powers given them by law, my Executor and her successors and any Guardian acting hereunder shall have the following powers, applicable to all property held by them, effective without court order and until actual distri- bution: (a) To retain any property received by them including the stock of any corporate fiduciary acting hereunder; (b) To sell real estate for any purpose, publicly or privately, for such prices and on such terms as they deem proper, without liability on the purchasers to see to application of the purchase moneys; (c) To compromise controversies; -2- " . - , A, ~ .t. (d) To distribute in cash or kind or both at such valuations as they may fix; and (e) To hold investments in the name of a nominee. SEVENTH: All taxes, interest and penalties thereon pay- able by reason of my death with respect to property comprising my gross taxable estate, whether or not passing under this Will, shall be paid from my residuary estate. EIGHTH: This Will shall not be modified by birth to or adoption by me of any child. NINTH: I appoint my wife, BETTY JANE CALDWELL, Executor of this Will. If she for any reason does not act or continue to act, I appoint ERNEST wILLIM~ SHOVER Executor in her place with the same powers and duties. No fiduciary acting hereunder shall be required to post bond or enter security in any jurisdiction. IN WITNESS vlliEREOF, -It this ,:), 7 day of I1lt't.u,L I have hereunto set my hand and seal , 1965. /.t::f--..L n~L~ e-t'""t'~-t~L) SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testator, RICHARD MELVILLE CALDWELL, as and for his last Will and Testament, in the presence of us, who, at his request, in his presence and in the presence of each other, have hereunto sub- scribed our names as witnesses: -(/CI!la-,,-~ /~ Name 3,2, 7 L', uJ d~.: Jr ~t.~. e. , Addres; lIA-;,{r';<--r~ ll!. ;r~~~~ ." Name 1;2)'// ~//..f{ . {(/ .:...A"'- ;:"7e(,,_~_ .r'. Address ' Name Address -3- II OATH OF SUBSCRIBING WITNESS COMMONWEALTH Or' PENNSYLVANIA 1 ss: COUNTY OF CUMBERLAND \ This....,... ....... ...........~~.~~............ .......", ...... ........, day of ,........' ...., ,~~~,::~~'::~".., ............ ......,...... A, D" 19,~,~..,' before me aiMnnb&~llOO, Register for the Probate of Wills and granting lelters of Administration in and for said County of Cumberland, in the Commonwealth of Pennsylvania, personally came .............. .,." ",., ".!:l::...!?~~,~?,..~~~,?~",~n~,.,Y~.~8.;.TI~~..,!1.:,..g~,~~J.".. ".,.,."""", ".,...,.,.."""".,.,..."..... ,."., '" ,...."" "..., the subscribing witnesses to the foregoing instrument of writing purporting to be the last Will and Testament of .,..,'~~~,I.1~?;A..!1~~y.:!,;J"l~,.f.?!:.9,W~1+.",.".. ,,' ",.",.,., ..,.."""", Outed ",\1F.,+.\:b..,V",..J..9.fi5...... lateof....~~,~.9.E!=!,~8h-...~Lg~..;:H,~J~..................................................... Cumberland County Pa., deceased who being duly .........$,wP.m....................... according to law, depose and say. that ..they...w.ere................. present, and saw and heard the testa.t;P.~........................, .....,Ric.har,d..Mel:v.il,le..,Cal.dwell............. sign, seal, publish, pronounce and declare the said instrument of writing as and for hj,Il............ Testament and Last Will, and at the time of so doing .................h!:!............................was of sound and disposing mind memory and understanding, to the best of ..........th,'?.:hL.......................knowledge, observation and belief. .............J?~Q?;JL!<,9........,...... and subscribed before ///, r l n_ (~~ ;"":;!~....r..~,............... .",... "l:.,';,;y~~;;:.,.,a2..,.,\X..c~~...... .................................................................................. AFFIDAVIT OF DEATH COMMONWEALTH OF PENNSYLVANIA ( ss: COUNTY OF CUMBERLAND \ ............. ......"....,....,'~.~~,~y."J.~!!,~...g~1~~~:I:l".....,",.,...".."...,...,....."",..., .,..,..""""...., "..........,..".being duly ..............~~,c;>,El:l....................... says that as nearly as can be ascertained the said decedent .......................... ..."...,.....,..,." ",.,."....,.,~~~~,~E~...!1~.+.)!J.~:I:,~",g.'!-1~~~:I:J," "".,.,."",....',.,....,.,' "..."""", .......,., ..,. "'..,,, ,died on .............~.?!<,\!r.rJ,?y.................. the ......~Q,1,:,h................,day of ........,s.~p.t;~ml:l~r......................., A,D" lre.Q..., at or about ..................,....................... o'clock, ....M. ..............~.~g,;-,n...t;:,9..........,......,...and subscribed this 25th September ................................................ day of ......................., 19, .JUt before ........4~&~ ~:~dm..... Mary C. Lewis 4 ! OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA} COUNTY OF CUMBERLAND SS: Before me. the Register for the Probate of Wills and granting of Letters of Administration in and for the County of Cumbertand, personally came ......~l':J;:,t:,y...,J.flJ).li\..!;,1il.).,Q~l':lL................................................. who. being duly .......IlW,Q.l:n.........., do li\1l...... depose and say that as......E~fi:\:J.\t;d,~..................................... . Richard Melville Caldwell of the last Will and Testament of ............................................................................,............................deceased ...............llhliL.. will well and truly administer the goods and chattels, rights and credits of said deceased according tD law. And also will diligently comply with the provisions of the law relating tD Transfer Inheritances. ..S:\'l.\U',U..l:.O........ and subscribed before me. ........ ,~~,?~~~~~E..~,?.................. A, D" 19..80...... ::~~ L:::,:.~mm ~ ....".~~""'~.,.... .................................................................................. :.,; 0: ..:I: a> :<IJ ro: ..:I:'" Ol ~ ~ ,.-If ~ c::l u <3'; u.. ti! roo 0 ..:I '*l (j) ..:I H ~ 0\: ~ :> -'<l 0: ..-I: ..:I 0 ..-I; ~ r--: 0 I ~ ~ I'Q )..I: - 0: - - .. (1): ro: @ ,~ u: ~\ I $ ~ E-t: ..-I: ~ !:: ti!\ (1): <'1\ ,~ >: C U "" 0: OQ ~ H ~ lfl: Zj p:: ..-I: . ... M: - 0 roll .l!l " '*: a> 11 ... ~ 1l ~ <IJ "" '" - !:: ,~ r.:l '" ~ ~ DeCREE Be it remembered that on the ........t.~.~l:....... day of .................~~:':'.~~!?~~.............. A, D., 19 .~.~..., there was probated and recorded the last Will and Testament of ........~~~,~~,:.c::..~,I,:.~.':':~~,~~..9,?,~~~~,~~.........., carlisle ' late of ............................................................................, Cumberland County. Pennsylvania, Deceased. Letters .....................~~.~~.';:~:.17:~~,:.r.".... were granted to "....,..,.,.,',..,",.~;;~.~!.'...'!.~.~:..9,?~~~~.~,~...,.,.....,.......".... Witness my hand and official seal the day and year aforesaid, ~~~':~ci;;; REV. 1547EX (3-83) BUREAU OF ACCOUNTS SETTLEMENT PENNSYLVANIA DEPARTMENT OF REVENUE P.O. BOX 2055 HARRISBURG. PA 171 05 NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS, AND ASSESSMENT OF TAX ACN 101 DATE ESTATE OF CALDWELL RICHARD H FILE NO, 21 80-0719 DATE OF OEATH 09-20-80 COUNTY CUHBERL.p.jJD NOTE: TO INSURE PROPER CREDIT TO YOUR ACCOUNT SU8MIT THE UPPER PORTION OF THIS NOTICE WITH YOUR TAX PAYMENT TO THE REGISTER OF WILLS OF THE ABOVE CDUNTv, MAKE CHECKS PAvABLE TO "REGISTER OF WILLS, AGENT1l . WIL.LIAH F HARTSON 10 E HIGH ST PO BOX L CARLISLE PA 17013 PLEASE RETURN THIS PORTION TO REGISTER OF WILLS IF PAYMENT DUE <:;1:1'1:: !'~9~~_~Hl~ .L!~E_ _ _. .-:-. !l~'I~I~_L,.q,V!~R_!'9!:l,!:19~f_q.R_ Y91}!:l_~E_C9!l!?~.-:-_ - - - - -. - -- -- -- NOTICE OF INHERITANCE TAX APPRAISEMENT. ALLOWANCE DR DISALLOWANCE REV. 1547EX (3-B3) ESTATE OF CAL.DWELL RICHARD M FILE NO, 21 80-0719 TAX RETURN WAS: (X I ACCEPTED AS FILED RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN ,. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule BI 3. Closely Held Stock/Partnership Interest (Schedule C) 4. Mortgages and Notes ISchedule 01 S. Cash & Miscellansl')us Personal Properly (Schedule E) 6. Jointly Owned Properly (Schedule F) 7, Transfers ISchedule GI 8. Total Assets APPROVED DEDUCTIONS AND EXEMPTIONS: PAYMENT DATE RECEIPT # DISCOUNT (+) INTEREST (-) 02-25-83 070623 43.92- INTEREST IS CHARGED FROH 02-26-83 TO 04-26-83 AT THE RATES APPL.ICABL.E AS OUTLINED ON THE REVERSE SIDE OF THIS FORM.- . IF PAID AFTER THIS DATE SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST I CHANGED OF DEDUCTIONS AND ASSESSMENT OF TAX ACN 101 DATE 04-11-83 ( 11 2,400.00 ( 21 .00 ( m 12,807.00 ( 41 .00 ( 51 .00 ( 61 .00 171 .00 ( BI 15,207.00 9. Funeral Expensesl Administrative Costs/Miscellaneous Expenses (Schedule HI 1 91 10, Debts/Mortgages/Liens (Schedule II (1 OJ , " Total Deductions , 2. Net Value of Tax Return 13. Charitable/Governmental Bequests (Schedule Jl 14. Net Value of Estate Subject to Tax NOTE: If an assessment was previously Issued, lines 14, 15 and/or 16 reflect figures that include the total of..illl returns assessed ASSESSMENT OF TAX: 15. Amount of line 14 taxable at 6% rate ( 151 16. Amount of line 14 taxable al 15% rale (16) 17. Principal Tax Due TAX CREDITS: 3,282.50 4,666.61 (111 (121 (131 (141 and 17 will to date. 7,949.11 7,257.89 .00 7,257.89 7,257.89 .00 435.47 .00 435.47 )(,06= X,15= 1171 AMOUNT PAID 478.89 TOTAL TAX CREDIT BALANCE OF TAX DUE INTEREST TOTAL DUE 434. 7 .50 .00 .50 (If Balance Due is less than $1.00 no payment is required) nrr,: :: r,r .H'~ p RESERVATION: In the event thai anv fulure interest in this eslate is Iransferred in possession or enjovment to collateral (Class 8) heirs of the decedent after the expiration at anv estate far life or for Vears, the Commonwealth hereby expresslV reserves the right to appraise and assess transfer inheritance taxes at the lawful collateral (Class 8) rate on any such future interest purpose of Notice: to lulfill the requirements 01 Section 709 of the Inheritance and Estate Tax Act 01 196 I (72 P,S, sect,on 2485-709), Objections: Any party in interest not satisfied with the appraisement, allowance or disallowance 01 deductions. or assessment of tax (including discount or interest) as shown on this Nolice must object within sixty (50) days of receipt of this Notice. Objections may be made as follows: _ by written protest to the Department of Revenue. Board of Appeals _ by electing to have the maller determined at audit _ by appeal to the Orphans' Court Discount If anv tax due is paid Within three (3) months alter the decedent's death, a discount 01 five percent (50/0) of the tax paid is allowed. , the discount period is calculated in calendar months, Example: date 01 death 1-15-82, discount period expires 4- 1 5-82. Except for tax on a luture interest, inheritance lax becomes delinquent n,ne (9) months Irom the date of death. , Inheritance tax on a future interest becomes delinquent at the expiration of three months from: _ the dale of election to prepay or _ the dale of death of the life tenant or annuitant Interest is calculated on a daily basis from _ delinquent date to date of payment on any tax unpaid on delinquent date _ date of last delinquent payment to date of payment on any unpaid balance. Interest is charged at the following rates: Interest: Delinquent Date Annual Interest Rate Dailv Interest Factor 5/27/43 to and including 12/31/81 111/82 to and including, 12/3 I /82 , /1/83 to and including 12/31/83 6% 20% 16% ,000164 ,000548 ,000438 \ I \ ! \ I I ! Estates that become delinquent on or before December 31. 1981 will maintain a constant interest rate, The rate in ellect when the tax first becomes delinquent will remain constant until the delinquent balance is paid in full. Estates that become delinquent on or after January '. 1982 will contain a variable interest rate. Thus. taxes that remain outstanding from calendar year to calendar year will be subject to different rates in effect on each January 1. INTEREST = BALANCE OF UNPAIO TAX X NUMBER OF OAvS X DAILv INTEREST FACTOR, . If a tax balance remaIns outstanding for more than one calendar year, a separate mterest determination must be made for each year at the apphcable rate. (Only one calculation IS necessary if the estate maintatns the constant interest rate,) Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen OS} days beyond the date of the assessment. If payment is made after the interest computation date shown on the NotIce. additional interest must be calculated. To Remit Payment: Detach the top portion of th's Nollce and submit With your pavment to the Register 01 Wills of the county shown on the Notice. , Address information is listed on page 13 of the booklet, "Instructions lor Inheritance Tax Return for a Resident OecedenLH . Make check or money order payable to: Register of Wills. AgenL REV-1500 EX + (9.81) ::L BUREAU OF EXAMINATION PENNSYLVANIA DEPARTMENT OF REVENUE P.O, BOX B327 HARRISBURG, PA 17105 Oecedent's Name (Last, First,and Middlelnitiail DECEASED CALDWELL, Richard Melville Social Security Number Oa,e of Death 138-22-2916 eptember 20,1980 ,. Original Return 0 2, Supplemental Relurn 0 INHERITANCE TAX RETURN RESIDENT DECED NT I /-/~~- /-- File Number 21-80-719 Decedent's Address 562 West Penn Street Carlisle, PA 17013 3, Remaindar Return 0 CHECK BLOCKS 4, Life Estate 0 5, Fedaral Estate Tax 0 Return Required. 6. Decedent died testate n 7, Decedent maintained ellving 0 8, Number at sate daposlt 0 (Auech copy of Will) W trust (Attech COpy of trusd boxes inventoried All correspondence and conlidential tax Inlormation should be directed ta: APPRO. PRIATE CaRRE. SPONDENT Name Address WILLIAM F. MART SON , P,C, Telephone No, City 1701 .- State .?J (717) 243-3341 .; ~ Zi TAX 10, II, 12, 13, 14. Real Estate (Schedule A) Stocks and Bonds (Schedule B) Closely Held Stock/Partnership Interest (Schedule C) Mortgages and Notes (Schedule 0) Cash & Miscellaneous Personal Proparty (Schedule E) Jointly Owned Property (Schedule F) Transfers (Schedule G) Total Gross Assets ltotal lines 1.71 Funeral Expenses Administrative Costs/Miscellanaous Expenses {Schedule HI Oebts/Mongages/Liens (Schedule il Totel Deductions ltotelllnes 9 & 101 Net Velue of Estate {ljne 8 minus line 111 Charitable Bequests (Schedule J) Net Velue subject to tax (ljne 12 minu, line 13) 111 ( 2) { 31 { 41 ( 5) ( 6) ( 7) 2 400 00 None 12,807,00 None None None None J~ Recapitulation AND ,. 2, 3. 4. 5, 6. 7. B. 9. { 81 15,207.00 RECAPIT. ULAllDN ( 9) (10) 3,232.50 4,666.61 (11) 7,949.11 {121 7.257,89 (131 None (14) 7,257,89 x,06= 435.47 x,15= None (17) 435,47 Interest 43,42 CALCU. LATION Compullltion of Tax 15, Amount 01llne14texable at 6% rate (15) 7 . 257.89 Unclude values lrom Schedule K) 16, Amount olline 14 taxable at 15% rete (16) None Unclude values from Schedule K) 17, Principal tax due (edd tax from line 15 plus tax Irom line 16) 18, Total Prior payments: (a\ Amount Peid (b) Plus Discount (c) Minus Interest (18) None 19, Balence Oue Uine 17 minus line 1 B) Make Check Payable to: Register of Wills, Agent . .. PLEASE RECHECK MATH'" (19) 478,89 Under penalties 01 perjury,l declere that I have examined this return, including accompanying schedules and statements. and to the best of my knowledge and bellef,lt is true, correct, and complete, Oeclaration 01 preparer other than the personal representative is based on all information at which preparer hes anv kno ledge, 562 \-les t Penn Street 1 I (lAl~ Carlisle, PA 17013 '.3< "'u.r.c'c., ::1.'/, /183 RSONAL REPRESENTATIVEISl AODRESS OATE p, 0, Box L Carlisle. PA 17013 ADDRESS ,.:).,/.U"-"",, :N, /1:;3 DATE .".U02IX+ ("") SCHEDULE "A:' REAL ESTATE COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER 21-80-719 ITEM NUMBER RH~r~ARn MRT.\TTT T R r.AT.nlJF.T.T. (All propertY Jolntly.owned with Right of Survlvonhlp mu.t be dlaclosed on Schedule "F"I VALUE AT DATE OF DEATH 1. DESCRIPTION ASSESSED VALUE ALL THAT certain tract of mountain land situate in Paradise Township, Monroe County, Pennsylvania, containing 0.4655 Acres, more or less, and having no improve- ments thereon erected, and being more fully bounded and described in the Office of the Recorder of Deeds in and for Monroe County, Pennsylvania, in Deed Book Volume 698, Page 30. $600.00 2,400.00 NOTE: All other property, both real and personal, was owned by decedent and Betty Jane Caldwell as Tenants by the Entireties. TOTAL (Also enter on line 1, Recapitulation) $ 2,400.00 (If more .pace I. n..aad In.ert additional ,hut. of ume Ilza) R"EV-1506 EX + (9-81) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF SCHEDULE "C.2" PARTNERSHIP INTEREST REPORT FILE NUMBER 21-80-719 RICHARD MELVILLE CALDWELL 1. Name of Partnership Ernest W. Shover Farm Equipment Federal 1.0, Number 23-1304908 (As per Form 1065) Address 19 West South Street ] /] /72 Date Business Commenced Carlisle, PA 17013 Business Activity Farm Equipment Sales & Service 2. aassificatian of Partnership: IKJ General DOlher D limited Decedent was a partner, If decedent was a limited partner, provide initial investment S 3, Partner's Names % of Income % of Ownership Salary Balance of Capital Account A, B. C. D. 4, Estimated value of decedent's interest by estate: $ (SF'P "t-t-",.npc1) 5. Amount of company indebtedness to decedent at date of death: $ (See attached) 6, Was there life insurance payable. upon the death of decedent, to the partnership? DVes ~No If yes. Cash Surrender Value: $ Net proceeds payable: S 7, Was there a written partnership agreement in effect at the time of the decedent's death? If yes, attach copy of agreement, If no. provide explanation, ug Ves o No 8, Did the partnership have an interest in any other partnerships or corporations? If yes. report the necessary information on a separate sheet, DVes GNo 9, Did the decedent's interest in the partnership change in the last two vears? o Ves I] No If yes. explain: 10. Was the decedent related by blood or marriage to any of the other partners? !Xl Ves ONo If yes. explain: By Marriage: spouses of partners are sisters 11. Was the partnmhip dissolved or liquidated after decedent's death? DYes [X] No If yes, report all the related information, especially including copies of the Sales Agreement and/or Settlement Sheet. .(~."IlIX+ lUll COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF SCHEDULE "H" FUNERAL EXPENSES, ADMINISTRATIVE COSTS AND MISCELLANEOUS EXPENSES ITEM NUMBER 1. 2. 3. FI LE NUMBER RICHARD MELVILLE CALDWELL DESCRIPTION A. Funeral Expcnscs: Ewing Brothers Funeral Home Reverend John Larson, Honorarium, Funeral Service Mary Mason. Funeral Service Vocalist B. Administrative Costs: 2. 1. Personal Representative Commissions Attarncv Fees WILLIAM F. HARTSON, P.C. 21-80-719 AMOUNT 265.00 35.00 30.00 760.00 3. Family Exemption: Betty Jane Caldwell 562 West Penn Street, Carlisle, Pa.l 013 2,000.00 1. 2. 3. 4. 5. 6. C, Miscellaneous Expenses: Register of Wills: Probate costs and short - certificates Cumberland Law Journal: Advertising Executrix's Notice The Evening Sentinel: Advertising Executrix's Notice Recorder of Deeds, Monroe County: Recording Fee Register of Wills, Filing fee, Inventory and Appraisal Reserve Account: Reserve for miscellaneous and closing costs TOTAL (Also enter on line 9. Recapitulation) lit mar. sp.c. II needed Inun eddltlon.1 IhMU of ume Ilze} 28.00 18.00 18.00 13.50 15.00 100.00 $ 3,282.50 . , " . .'" ", ; \ , , I ,1 I I i~ I, I .i- I , I i , I j.,,"nON a tlNILa.u:a A"O"Nn. "Y u.w , . " ARTICLES OF PARTNERSHIP THIS AGREEMENT made and entered into this 1st day of January , 1972, by ,and between: RICHARD M. CALDWELL, of the Borough of Carlisle. Cumberland Comity. Pennsylvania, and LEE C. MORRISON, of the Township of North Middleton. Cumberland County, Pennsylvania, witnesseth: WHEREAS, the parties hereto desire to become partners for the purposes more fully set forth herein below; and WHEREAS, the. parties hereto desire to define the terms of their association and to commit their agreement to writing; NOW, THEREFORE, in consideration of the mutual promises herein contained and intending to be legally bound hereby, the parties hereto agree as follows: NAME AND PLACE OF BUSINESS 1; The name of the' partnership shall be "ERNEST W. SHOVER FARM EQUIPMENT". 2. . The principal place of the business of the partnership shall be: 19 West South Street. Borough of Carlisle. Cumberland. County, Pennsylvania. and at such other localities .within and without the Commonwealth of Pennsylvania as ~ay be agreed upon by the partners. PURPOSES 3. The partnership shall engage in the business of buying and selling at wholesale and retail. leasing, repairing, maintaining and dealing. generally with new and used farm implements, machinery and equipment and accessories thereto, and in such other business of a similar or related. nature as shall be agreed upon by the partners from time to time. :./..~'. '.. ~..~~. ,.: . . ......,.... -1- " " '.' " '" ., , .. .", " , ' .: ,:,.." :, . ::\', ~~.' :'.. , , !'.. " CAPITAL 4. The capital of the p~rtnership shall consist of all contributions made by the various partners on or before the date of this Agreement, together with all such contributions in the future as 'shall from time to time be made by any partner. 5. An individual capital account shall be maintained for each partner, which capital account shall reflect all capital contributions made in accordance with the provisions of faragraph 4 herein above. " I' \,: .., . 1 ' ,', .1 '1 , I ! I I." " I' " 6. ,Except by unanimous' agreement of the partners, or up~n dissolution, the capital contributions of 'the partners shall not be subject to withdrawal. I' I , PROFITS AND LOSSES , ' 7. The net profits or net losses of the partnership shall be distributable and chargeable, as the case may be, to each of the partners in equal ,proportions. 8. ' An individual income account shall be maintained for each partner. Profits and losses shall'be credited or debited to the individual income accounts as soon as practicable after' the close of each fiscal year. 9. If there be no balance in the individuai income accounts I . j' , I net losses shall be debited to the individual capital accounts. , 'If the capitsl account of the partners shall have been depleted~' by the debiting of losses under this ?aragraph, future profits of that partner shall not be credited to his income account until the depletion shall have been made good, but shall'be credited .to his capital account. After such depletion in this capital account shall have been made good, his share o~ ~he profits thereafter shall be credited to his income account~ " . " MANAGEMENT MUlION a ."ILUted AnOfllNru AT LAW 10. 'The partners shall have equal rights in the management " . ~." . . .~~.' .... -2- . '. . . " '. " I , ' :,::,':;,:"i::';~:r \~:::;:,;, " . .... , I ' ~ l.~no. . o.naAKa ATTD"Hn. AT LAW I ~ ' [:, I.,' , f" ,I .. t., .' '. r I i i I i , . , , , I . i ,j, ',I: ' " ,'!' ,,' ',. .:..: . " .. " , " I, I ..... . . j. , . . :' " I ! , ' , ' , , , ' " , " , , , " " of the'partnership business; provided, however, that in all matters respecti~g the ge~e~a~ transactions of the p~rtnershi~ and the management of the businesB, the express wish and opinion of the majority of the partners shall govern and be binding upon the whole of said partners. 11. During the continuance of the partnership, each partner shall oevote his full time and attention to the partnership business. and no partner shall engage in or carryon any other business or trade without the consent of all other partners. 12. Each partner may'draw such sum as salary for work performed as shall from time to time be agreed upon by all pa~tners. Such salaries shall be deducted from the partnership profits before computing the profit shares of the partners, but the payment of salaries shall be an obligation of the partnership only to the extent that there are partnership assetsavai~able theref~r, and shall not be an obligation of ' the partners in- dividually. , 13'. The partnership shall maintain a bank account or account in such bank or banks as may be agreed upon by the partners. Checks shall be drawn on the partnership account Dr partnership purposes only and may be signed by any partner. 14. Nei~her partner may without the consent of the other partner: .' ~ (a) Borrow money in the firm name for firm purposes or utilize collateral owned by the partnership as securit for any loan; (b) Assign, transfer, pledge, compromise or release any of the claims of or debts due the partnership except upon payment in full, or arbitrate or consent to the arbitration of any aisputes or controversies' of the ~. . . ' . ' : ,',", ~.., partnership; .'": . " :' . -3- " , " . .: ." . . , , '. " . ,'",' .. ...... ':: ::,:~:~:;:\ ~::~:~ '~: :~>.', . ',' . ':. . . " '. j " .., I '. . ..,' ,1. . . "'1 :', . , . . ,. J" ;..: .t.. '" "....: I....... .; : :...: ..r .:;;',.,1, ,.. " "'i: .:::-.:r:' ," . '. , I .. k~ ;::.:r: . . " ..' I, '" . '. ~. ~. ~ : ! ..... I , ..-.. ';" . ~.. . I :: ': . . . . , . : 'I " ,;. . ", ','-'. .... ,'I' ." '. '. '. . , .. " ',:'''' ;'... '" " .' J " : " , , I .: '. " . , " .' , . . . :. ..;,,: . " , ,', , . .' ',. , .'," . ,,,1.\..:.... -, ,,',; '. (c). Make, execute or deliver any assignment 'for.' . . ;; '-i '" ~ .. .: ;.! . ., ! -: ~- . ~ I ..:T\':.';::,{ the b~nefit of creditors" or any bond, confessio~' ,.",' ",; " ..'~. . '.'.~:I.' . "'" . " ". 'of judgment, chattel mortgage, deed, guarantee, " '... .:'.': . i-: i~demnity bond" surety bond, '.or contract to sell or . . .~. '. . ..;. . :'.~:': ....: '," 'contract of sale of all or substantially all of the , . ' '... . .,.,,: ,.:..:;'.property of the partnership; . '.':," .:- :;: ~;1 . . . . ,:,.:;, ..:', :.:, (d) ) Lease or mortgage' any partnership real ,estate , " , "." , . '. ./ ",'~:' ,.... '. ': ::::::,"/t', or any interest therein or enter into any contract . .: ",' ~ I :. '.;':. . . ~ I ,'. ..... ":::;..:: .:,,:' for. any such purpose; ',,~ .... '.<: I" . : . (e) Pledge or hypothecate or in any manner transfer " his interest in the partnership except to the other '.' ", < 'parties to this Agreement; and , ., . ,." ' ., .,' (f) Become a surety, guarantor, or accommodation '. "!,' ' ", ' party to any obligation. . I'; , ~ " ' .. DISSOLUTION BY RETIREMENT, DEATH OR ADJUDICATION '. OF MENTAL INCOMPETENCY , . .15. Any partner may retire' from the partnership upon one ,'. ' hundred twenty (120)'days'prior written notice ,to the other partner. 16. Retirement, death or adjudication of mental in~ompeten~y of a partner shall work an immediate dissolution of toe partnership. ' 17. In the event of retirement, death or mental incompetency of a partner, the' remaining partner shall have the right to continue the business of 'the partnership under its present name 'by himself or in conjunction wi~h any.other person or persons , ,'" he may select, but he shall pay to the retiring partner, or the legal representatives of,~he.peceased or mentally incompetent " ... ,I_"'!'. '\".' .' . ' .1',.,.1" ...' ;".:. ", .".: ' " ',. . .' . ',' , .. ' '.' " '..t " -4- .' " , , '. . . .'. j.... . , ., ,. ,', partner, as the case may be, the value of his interest in the '\:~:,;;;.;:i'~A~~;:~:h:;~:, partnership as' 'provided hereunder~ Settlement for such payment' . ':"'1<. ...:.' . , , '.';.'. shall be held within 120 days of the effective date of such ,": ,','I' .. .' . . . .',., . : ' ,': ;.\" :, . '; . . .:. '.' ~ . ,',',. ..... .'/ ,:;,:',;)1; i,' , ' .., .1. ..,. I' ,- ',' . . '. .: ~. ,,' 'i .,:,;.,: '\<({':,::,: ,.,', " , . . -':,' ..i . :":. .... ;'" ~. . 'j .' .. .. .': . . d.,' \ t I. ~ :".-: \: ',:; .~. . 'I ,'.., I" ",'. ~ . . . I, t. . <. " 'I' . " I . ..; .... f,l;:.,.::.:'/<.:...,;, 1::' '. .' . \, .' ' . i" :..'..:;:.'... :,"'.' .'.'... ,'.' ..... . !' .'. ::~,)'.:: :>:. :.'.: [::;':,'::'.:,/. .';::.' .1. . . \',': ;" ," ~'>: '-;~ I': :. -.' . :t;., ..; ,,': .. '.. '.' " . , '. . retirement. or within 120 days of the date of the death of the " deceased paL'tner. or within 120 days of the adjudication of menta incompetency and the appointment of a guardian for the i?competen partner,. as the case may be, at which time all sums of money and documents shall be executed and delivered by the remaining . partner. The value of the interest of a retiring. deceased or ; .. j mentally incompetent partner. as the date of dissolution, shall be the 'sum of: " .... (a) His capital account; :: . '(b) His income account; (c) Any earned or unp~id salary <;lue him; ,and' (d) His proportionate share of a~crued net profits. ~f a net loss has been incurred to the date of dissolution. his share of such loss shall be deducted. Inventory for the purposes herein shall be valued at cost or market value. which ever is lower. Other assets shall be valued at book value. No value for good will or firm name . . shall be included in the computation of a partner's interest hereunder. Settlem~nt by the remaining partner of the value of the . ' interest of a retiring, deceased or mentally incompetent partner shall be by the payment on said settlement date of twenty (20%) i '.....N 6 ..n...." per cent of the value of such partner's interest as defined IAno"NntI AT LAW '.' . : . ~ ~ . . ;..... - '. I . .,' . .' ,'.. . . : .... .,' . .... " "".: ,0. ., .; . j' " . . . . I "';.... ',",: ", .... .. . ..... ,. . ,~,~t~~ir.~;';;; . . . , " <:::>?::;;':'; ::.'; , , ... '. I . ..' '.. . ;". ,~i ..::'1 "j "::'~ . ~( ~::' .:.~. :''';'~'!':':I~ ,::.:" ...:. I. .." ..,'".,. '.', ~I" ~;~ ;.:;..~;.ti:: L~:'.<" .... "..,... :1' :- . ~':'1' .~..','ii"'! :.<:': ..1 . .c..... I' ,0' t . '." :r;"! .:.' ~"::'\~J .~;;.; ~:. 'j ,..,.' ... .;:: .;.",.,;t~~. :[';':',.; ~<. ',\';t.,;i. ,'; . ~ . . :.~::. }';: ;~. ~ . . :.' i.', ..;....'.';.. ::':'.; ''''f.~':: .~ '"". " .... . '. ". ::.,,' . .' . .' . '. , . 0" "0 .:";' . ..; .... ..' .' ..' . . " . .... .' " . .' . . -..:'. :',. ." ""ucn" 6 _HIUAU" AnOftHn. AT LAW I herein in cash and by delivery to the retiring partner; or the '. legal ';~presentatives of'the deceased or mentally incompetent partner, as the case may be, of a promissory note for the balance. of said value and providing for the payment of the principal there~f in four (4) eq~al annual installments, the first to be '.,paid Qne (1) year after settlement date, anc) annually thereafter, and further :providing for the payment for interest annually on all unpaid balances at the same rate as annual certificates . . of deposit,'"shall bear as issued by The Commonwealth National Bank, Carlisle, Pa., on settlement date, and each year thereafter, to be determined in advance for the" ensuing year', Such promissory note shall provide also for the acceleration of all installments of principal and interest upon default in the payment of anyone installment of' principal or interest. VOLUNTARY DISSOLUTION ," 18, Unless dissolved by retirement, death or mental , ' in~ompetency of a partner, the partnership' ~hall continue until ' dissolved by agreement otall partners. Upqn any such,voluntary dissolution by agreement, a full and accurate inventory.shall be prepared, and the assets, liabilities and income, both gross and net, shall be ascertained; the debts of the partnership shall be' dispharged, and all monies and other assets of the I partnership jemaining shall be used first to discharge the , capital accounts of the respective parties ~s they may then be . . , constituted on the books of the partnership and any residue thereafter shall be divided between the partners in proportion to the distribution of the net profits and losses as hereinaoove' '(.'OJ. provided. ',.. I. 1 ., l...~l.....,. '-,,' ..... . l . i ; . ! , ~ l , ; -6- \ . ~, LAST WILL AND TESTAMENT OF RICHARD MELVILLE CALDWELL I, RICHARD MELVILLE CALDVffiLL, of Carlisle, Pennsylvania, declare this to be my last Will, hereby revoking all prior wills and codicils. FIRST: I give all my tangible personal property and any insurance thereon to my wife, BETTY JANE CALD\VELL. If she dies before the thirtieth day following the day of my death, this gift shall lapse or be divested and such property shall pass in equal shares to my children living at the death of the survivor of my wife and myself, particular articles to be allocated among them as they agree, or, if they cannot agree, as my Executor decides. My Executor shall represent any minor child in any division of such property and shall deliver to the person stand- ing in the place of a parent to such minor, without bond, such portion of th~ minor's share as my Executor, after considering the minor's wishes, deems appropriate and shall sell the balance and retain the proceeds for the minor under Item Third hereof. SECOND: I give the residue of my estate, real and personal to my wife, BETTY JANE CALDWELL, provided that if she dies before the thirtieth day following the day of my death this gift shall lapse or be divested and I give such property to my issue living at the death of the survivor of my wife and myself, per stirpes. THIRD: I appoint my Executor as Guardian with power (i) to receive and hold for minors all property payable by law to a guardian appointed by my Will; (ii) to invest such property and all accumulated income without restriction to investments authorized I . , I , i I L, . ~ "' for fiduciaries; and (iii) to use income and principal for the minor's maintenance and education, either directly or by payment to any person selected to disburse it whose receipt shall ~e a complete acquittance therefor. All unexpended principal and income shall be paid to the minor at majority. Guardian may, in discharge of all duty hereunder, pay any minor's share deemed impractical of administration to the person standing in place of the minor's parent or deposit it in an interest:bearing account in the minor's name. FOURTH: No provision in this Will is intended to exer- cise any power of appointment. FIFTH: No interest of any beneficiary under this Will or any codicil hereto shall be subject to anticipation or volun- tary or involuntary alienation. SIXTH: In addition to powers given them by law, my Executor and her successors and any Guardian acting hereunder shall have the following powers, applicable to all property held by them, effective without court order and until actual distri- bution: (a) To retain any property received by them including the stock of any corporate fiduciary acting hereunder; (b) To sell real estate for any purpose, publicly or privately, for such prices and on such terms as they deem proper, without liability on the purchasers to see to application of the purchase moneys; (c) To compromise controversies; -2- (d) To distribute in cash or kind or both at .... such valuations as they may fix; and (e) To hold investments in the name of a nominee. SEVEN1~: All taxes, interest and penalties thereon pay- able by reason of my death with respect to property comprising my gross taxable estate, whether or not passing under this Will, shall be paid from my residuary estate. EIGHTH: This Will shall not be modified by birth to or adoption by, me of any child. NINTH: I appoint my wife, BETTY JANE CALDWELL, Executor of this Will. If she for any reason does not act or continue to act, I appoint ERNEST WILLIAM SHOVER Executor in her place with the same powers and duties. No fiduciary acting hereunder shall be required to post bond or enter security in any jurisdiction. this IN WITNESS vmEREOF, ,-II ).7 day of ~~ I have hereunto set my hand and seal , 1965. ~...../- n-v-&r:/Le- e-<"~k-{~L) SIGNED, SEALED, PUBLISHED ANp DECLARED by the above-named Testator, RICHARD MELVILLE CALDWELL, as and for his last Will and Testament, in the presence of us, who, at his request, in his presence and in the presence of each other, have hereunto sub- scribed our names as witnesses: 3.:2..f u. uJ(~C!n.:lt- &vt.t.~. f:., , Address --?A-.lJJa~~ ~ Name 1/~;~ 7l!. .ff ~~ l~ame J;z. .s' ~/.:.-r ~7.1./,,",",-- .J(', Address ' Name Address ~Rl~i},~~~::':":'" : j' " 'COMMONWEALTH OF PENNSYLV~~IA ' rt~;J~0106Q'a ' DEPARTMENT OF REVENUE ~~~,r(~.J" . ~'\!FICIAL RECEIPT. PENNSYLVANIA INHERITANCE AND ESTATE TAX ,.,\~,~",~'h~.1" . , .. ! ' l ;. j,' , , 1 , I RECEIVED FROM: r: ..t.ty J. ~a1.4v-11 I 0/0 .nl1D-~."'RaOll.-..-C.- 1D .. .CVll a~t --"---'- C:.~lial.. b.-11013 L ESTATE INFORMATION: FILE NUMBER NAME OF DECEOENT DATE OF PAYMENT POSTMARK DATE m m AMOUNT LAST FIRST MI ~ Assessment Control No. probab 47._.. COUNTY DATE OF DEATH REMARKS C:Wlbedu4 -1 ~TOTAL AMOUNT PAID 471. It SEAL RECEIVEO BY ,:;.~~ ~ fGffuRsJfCv~/ REGISTER OF WILLS - --.----------.--------------------.---. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND l J IS: b.ing duly swor.D_-- .ccording 10 I.w, dopos.s .ood s.y. th.t g,. -is-the ~_ _--- of tho Est.t. 01 RichRrc\ M,,'vill" Caldwell I.t. oftheJ~Or_ough_of-Carlisle------ ____-. Cumb.rl.nd County. P.., d.ceued .nd th.t tho within is .n inv.ntory m.d. by _~eJ;-t-y_.rane_C.aldwelJ-- ---- ' the s.idExecutrix of the .ntir. est.t. of s.id d.cedent, consisting of .11 the person.1 prop.rty .nd reol est.te, except re.1 e.tote outside the Commonwealth of Pennsylv.nia, and that the ligures opposite e.ch it.m of the Inv.ntory represent it's f.ir v.lue as 01 the d.te of d.cedent's de.th. BETTY JM:llL~t>LD\m~!- ~wnYn t"n .nd subscribed before me, \ -bc~:'t.,~~:,/;;:,.:.,-../.~ Betty Jane Caldwell \_ 562 West Penn Street Carlisle. PA 17013 Addr." :J.'-J 19 83 tt" A-" ) . ~ J Q, . ,;, _ ~, dLU'-f WILLIAM L EARP, Norol'/ Pub!;c Cafll~lc, Cumberland Co" PA My Commission E><plres Aug. 13, 198.4 Oat. of Oe.th - 20t.h D.y September Month 1980 Vur INSTRUCTIONS I. An inventory must be liled within three months after appointment of person.1 representative, .' 2. A supplement inventory must be filed within thirty days of discovery of .ddition.1 ....ts, 3. Additional sheets may be attached as to personalty or realty 4. See Article IV, Fiduci.ries Act of 1949. I j >- .,; Ul m ~ ~ ~ < "j 00 W m '" .... U D 0 III ~ m 0 W Ul C '" \ :I: co: ~ .. t- '" u. 00 '" Z .... -' u. -' <( 0 ::il '" LIJ <( w \ > 0 Z co: ~\ :f ~ 0 c ! c ~ III Z 0 0 co: 0 Z ~ w <( ~\ .... '" -0 c - ~ d 0 ~ m H .I> ... '" ~, m E ... .! 0 \ 00 ~ 0 -' 0 it II> cO ,-v ._,:::0 ::~rn ." ,1,1- :;r, ,_.J " , ~; .-n '.Jl -; " ! .'~ Inventory of the real and personal estate 01 Richard ~Ielville Caldwell deceased REAL ESTATE: 1. ALL THAT certain tract of mountain land situate in Paradise Township, Monroe County, Pennsylvania, containing 0.4655 acres, more or less, and having no improvements thereon erected, and being more fully bounded and described in the Office of the Recorder of Deeds in and for Monroe County, Pennsylvania, in Deed Book Volume 698, Page 30. Market Value TOTAL REAL ESTATE PERSONALTY: 1. Capital Account Valuation of Richard M. Caldwell's interest in Partnership of Ernest W. Shover Farm Equipment. Date-of-death Value TOTAL PERSONALTY RECAPITULATION TOTAL VALUE REAL ESTATE: $ 2,400.00 TOTAL VALUE PERSONALTY: $12,807.00 TOTAL APPRAISED VALUE: $15,207.00 (NOTE: All other property, both real and personal, was owned by decedent and Betty Jane Caldwell, his wife, as Tenants by the Entireties.) $2,400 00 $2,400 00 12 807 00 12,807 00