HomeMy WebLinkAbout12-04-07 (2)
-1
15056041114
REV -1500 EX (06-05)
OFFICIAL USE ONLY
County Code Year
File Number
PA Department of Revenue
Bureau of Individual Taxes
PO BOX 280601
Harrisburg, PA 17128-0601
ENTER DECEDENT INFORMATION BELOW
Social Security Number Date of Death
INHERITANCE TAX RETURN
RESIDENT DECEDENT
21-07-00744
Date of Birth
201-16-2367
Decedent's Last Name
07312007
11121924
Suffix
Decedent's First Name
MI
CULLINGS
(If Applicable) Enter Surviving Spouse's Information Below
Spouse's Last Name Suffix
ANNA
M
Spouse's First Name
MI
Spouse's Social Security Number
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
FILL IN APPROPRIATE OVALS BELOW
UU 1. Original Return D
2. Supplemental Return
D
CJ
o
3. Remainder Return (date of death
prior to 12-13-82)
5. Federal Estate Tax Return Required
D 4. Limited Estate CJ
4a. Future Interest Compromise (date of
death after 12-12-82)
7. Decedent Maintained a Living Trust
(Attach Copy ofTrust)
10. Spousal Poverty Credit (date of death
between 12-31-91 and 1-1-95)
8. Total Number of Safe Deposit Boxes
uu 6. Decedent Died Testate CJ
(Attach Copy of Will)
D 9. Litigation Proceeds Received D
D
11. Election to tax under Sec. 9113(A)
(Attach Sch. 0)
First line of address
,...:/
CORRESPONDENT - THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION(St:!OULD BE DleED TO: ::0
Name Daytime Telephdfte ~mber _J ;;:R C5
'''i ~~i (:") C)
717-243-58~.8P C") ~'1f3
.. iTl r-..j rn
REGISTER OF WlL' USE ONLY :-C, CJ
- C'O
r~
-'I =: ~.~~ .~
~ ;::-.:: nl
(.,')0
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CJ.)
STEPHEN D. TILEY
Firm Name (If Applicable)
FREY & TILEY
5 SOUTH HANOVER STREET
Second line of address
City or Post Office
State
ZIP Code
DATE FILED
CARLISLE
PA
17013
DATE
- '1- ,2aY?
HIGHWAY, CHAMBERSBURG, PA 17202
ADDRESS
STPEHEN D. TILEY,
5 SOUTH HANOVER STREET, CARLISLE,
PLEASE USE ORIGINAL FORM ONLY
PA 17013
Side 1
L
15056041114
15056041114
-1
~
~
-.J
15056042115
REV-1500 EX
Decedent's Name: ANNA M CULLINGS
RECAPITULATION
1. Real estate (Schedule A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. Stocks and Bonds (Schedule B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) . . . . .
4. Mortgages & Notes Receivable (Schedule D) . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) . . . . . . . .
6. Jointly Owned Property (Schedule F) DSeparate Billing Requested. . . . . . . .
7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property
(Schedule G) DSeparate Billing Requested. . .
8. Total Gross Assets (total Lines 1-7) . . . . .
201-16-2367
Decedent's Social Security Number
1. NONE
2.
3. NONE
4. NONE
5.
6. NONE
7.
8.
9.
13990.00
3172.00
197267.00
214429.00
6618.00
9. Funeral Expenses & Administrative Costs (Schedule H) . . . . . . . . . . . . . . . . . . .
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) . . . . . . . . . . . . . . . 10.
11. Total Deductions (total Lines 9 & 10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.
12. Net Value of Estate (Line 8 minus Line 11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which
an election to tax has not been made (Schedule J) . . . . . . . . . . . . . . . . . . . . . .. 13.
14. NetValueSubjecttoTax(Line 12 minus Line 13).......................14.
TAX COMPUTATION - SEE INSTRUCTIONS FOR APPLICABLE RATES
15. Amount of Line 14 taxable at
the spousal tax rate, or
transfers under Sec. 9116
(a)(1.2) X.O L
16. Amount of Line 14 taxable
at lineal rate X .0 ~
17. Amount of Line 14
taxable at sibling rate X . 12
18. Amount of Line 14 taxable
at collateral rate X . 15
205900.00 16.
19. TAX DUE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19.
20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
Side 2
L
15056042115
15.
17.
18.
15056042115
1911. 00
8529.00
205900.00
0.00
205900.00
0.00
9266.00
0.00
0.00
9266.00
D
-.J
REV-1500 EX Page 3 201-16-2367
Decedent's Complete Address:
File Number
21-07-00744
DECEDENT'S NAME DECEDENT'S SOCIAL SECURITY NUMBER
ANNA M CULLlNGS 201-16-2367
STREET ADDRESS
2100 BENT CREEK BLVD.
CITY II STATE I ZIP
MECHANICSBURG PA 17050
Tax Payments and Credits:
1. Tax Due (Page 2 Line 19)
2. Credits/Payments
A. Spousal Poverty Credit
B. Prior Payments
C. Discount
(1 )
9266.00
8660.00
455.78
Total Credits ( A + B + C ) (2)
9115.78
3. InteresUPenalty if applicable
D. Interest
E. Penalty
TotallnteresUPenalty ( D + E) (3)
4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT.
Fill in oval on Page 2, Line 20 to request a refund. (4)
0.00
0.00
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE.
(5)
150.22
A. Enter the interest on the tax due.
(5A)
B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5B)
Make Check Payable to: REGISTER OF WILLS, AGENT
150.22
PLEASE ANSWER THE FOllOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Did decedent make a transfer and: Yes No
a. retain the use or income of the property transferred; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 0
b. retain the right to designate who shall use the property transferred or its income; . . . . . . . . . . . . . . .. 0 0
c. retain a reversionary interest; or . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 0 0
d. receive the promise for life of either payments, benefits or care? . . . . . . . . . . . . . . . . . . . . . . . . . . 0 0
2. If death occurred after December 12, 1982, did decedent transfer property within one year of death
without receiving adequate consideration? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 0
3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? .. 0 0
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which
contains a beneficiary designation? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 0 0
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES. YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for
the use of the surviving spouse is three (3) percent[72 P .5. 99116 (a) (1.1) (i)].
For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is
zero (0) percent [72 P .5. 99116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the 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 July 1, 2000:
The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for
the use of a natural parent, an adoptive parent, or a stepparent of the child is zero (0) percent [72 P .5. 99116(a)(1.2)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is four and one-half
(4.5) percent, except as noted in 72 P .5. 99116(1.2) [72 P .5. 99116(a)(1)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is twelve (12) percent [72 P.S. 99116(a)(1.3)]. A sibling
is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption.
217
REV-1503 EX. (6-98)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE B
STOCKS & BONDS
ESTATE OF
CullinQs, Anna M.
FILE NUMBER
21-07-00744
All property jointly-owned with right of survivorship must be disclosed on Schedule F.
ITEM
NUMBER
1.
DESCRIPTION
VALUE AT DATE
OF DEATH
HD Vest Financial Services
Account No. 77700769
clo Mr. David Weaver
35 East High Street, Suite 103
Carlisle, PA 17013
Wells Fargo Money Market Fund
13,990
TOTAL (Also enter on line 2 Recaoitulation' $
(If more space is needed, insert additional sheets of the same size)
13 990
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217
REV-1508 EX+ (6-98)
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
CullinQs. Anna M.
Include the proceeds of litigation and the date the proceeds were received by the estate.
All propertyiointlv-owned with riaht of survivorshio must be disclosed on Schedule F.
FILE NUMBER
21-07-00744
ITEM
NUMBER
DESCRIPTION
VALUE AT DATE
OF DEATH
Cash in desk drawer
~,
L.
Cah in resident account at The Bridgs at Bent Creek
:-1.
Refund, ROBC Limited Partnership (The Bridges at Bent Creek)
4.
The Sentinel - refund
5.
Personal Property - See Attached Sheet
40
140
42
5
2,945
TOTAL (Also enter on line 5, Recapitulation) $
(If more space is needed. insert additional sheets of the same size)
3,172
Estate of Anna M. Cullings
Household Goods
Moved From Apartment August 17,2007
2 Curio Cabinets James $150
27" Television James $200
VCR James $ 10
6-Piece Wall Unit James $500
2 Plant Stands James $ 20
Cherry Desk James $ 75
Drop Leaf Cherry Table Karen $100
Jewelry Cabinet Karen $ 30
Wall Curio, White Karen $ 30
Miscellaneous Costume Jewelry Karen $500
Large Desk Karen $150
Desk Lamp Karen $ 40
End Table Karen $ 40
Gold Framed Mirror Karen $ 25
2 Floor Lamps Karen $ 75
Cherry Highboy Harry $300
Cherry Low Dresser Harry $300
Cherry Framed Mirror Harry $150
Marble Topped Stand Harry $250
(.)
u + + + + + + +
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217
REV-1510 EX+ (6-98)
COMMONWEALTH OF PENNSYLVANIA
IINHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE G
INTER-VIVOS TRANSFERS &
MISC. NON-PROBATE PROPERTY
FILE NUMBER
ESTATE OF
CullinQs, Anna M.
This schedule must be completed and filed if the answer to any of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yes.
21-07-00744
DESCRIPTION OF PROPERTY
ITEM INCLUDE THE NAME OF THE TRANSFEREE, THEIR RELATIONSHIP TO DECEDENT AND THE DATE OF I DATE OF DEATH % OF DECD'S EXCLUSION TAXABLE
NUMBER TRANSFER. ATTACH A COPY OF THE DEED FOR REAL ESTATE. VALUE OF ASSET INTEREST (IF Io.PPLtCA.BLE) VALUE
1. American National Insurance Company 0
Annunity Contract No. LAR0075018 0
c/o Barron Fitz-Gerald 0
640 Keckler Road 0
Harrisburg, PA 1111 0
0
Cash surrender value on date of death 82,149 100.00% 0 82,149
0
Transferees I Beneficiaries: 0
Harry M. Cullings - Son 0
Jams D. Cullings - Son 0
Karen S. Cullings - Daughter 0
0
2. Symetra Life Insurance Company 0
Annuity Contract No. M0778720 0
P.O. Box 34690 0
Seattle, WA 98124-1690 0
0
Letter of August 8, 2007 (attached) indicates an "estimated 0
contract value" as of July 31,2007. However, that is not a cash 0
surrender value. It includes contract purchase fees. An email 0
dated August 29, 2007 (attached) indicates a value of 0
$115,118.48. That value should include interest accrued after the 0
date of death. That value is, nevertheless, being used for 0
inheritance tax purposes. 115,118 100.00% 0 115,118
0
Transferees I Beneficiaries: 0
Harry M. Cullings - Son 0
Harry M. Cullings - Son 0
Karen S. Cullings - Daughter 0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
TOTAL (Also enter on line 7 Recapitulation) $ 197 267
(If more space is needed, insert additional sheets of the same size)
FROM :DAUPHIN COUNTY LIBRARY FAX NO. :7172347479
AU~-14-2ee? e~:S9 PM \BARRON~ITi;G~RA~D
\
i
I
Aug. 16 2007 09:51AM P3
17l?S64097S p.el
i
AMERICAN NATIOfilAL .'''-'Nee ~""ANY
i
!
j
I
AdIIlllllIll'8live 0fII1It
",0. lox 7&1S
Sin I'tlnollllla. CA '4'~7e73
TlllepIlD".; ..,,0848. 7lSO
Fax: I0Il0211011..2
Auguat 7, 2007
\ . .... \
! I
\ \
1 I
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I ,
i ~
Rc: Oeceatecl: i Ann'. M. Cullingl ~
."-~f:)llto-",f'Denth!,,.. !..~. -Jw~}h'~907 .. -I..
Contract No.: I LAR007Spl8 !
Dear Mr. Fitz-Gerald: \. \ .!
Ii:
As requested, below pl~ ftnd tb~ vat~eJ of the above;roferenqed annuity contract as of the date
of death for eetato tax p~rposes.' !
I
[' Contract No. !.Surt'cnder Vatl,ie
[ LAR007S0t8 582,148,66 .
I; I
Should you require any .dditional n,(ormation, ph:uc c~ntact o~r Claims Department toll &ae at
(800) 274.3179, extenlicm 4017.' : \
" I
. I I
Sino:;: , !tJ~ I
IlMrie W~ 1
Claims Department
Barron Fitz..Oerald
640 Keckler Road
Harrisb\lrg. P A 17 t 11
Death Benefit
585 000.00
Fri, Oct 19, 2007 7:35 AM
Subject: RE: Annuity Contract AA0778720
Date: Wednesday, August 29, 2007 7: 15 PM
From: Rengstorf, Joe <joe.rengstorf@symetra.com>
To: Stephen Tiley <stiley@freytiley.com>
I will attach a copy of our date of death valuation letter which people
use for estate purposes and it is our best answer for your first
questi.on.
The gross sum that would be paid to the three beneficiaries per our
actuarial department is $115,118.48. Again, this is based on today's
date. A commutation value needs to be calculated for each beneficiary
and they may be different depending on the timing of when we receive the
written request from each beneficiary.
The remaining schedule of benefits that Mrs. Cullings would have
received is:
$3,015.39 On August 10th, 2007 and on the 10th of each following
month until 43 payments have been made which is up to and including
February 10, 2011
The beneficiaries would receive the same schedule but at one third of
the value. So it would be
$1,00~;.13 On August 10th, 2007 and on the 10th of each following
month until 43 payments have been made which is up to and including
February 10, 2011
Once ~le have received all requirements, we would release the back dated
benefits and the payment stream would catch up to the current date.
You can contact me directly with further questions.
Joe Rengstorf
Claims Examiner: Income Annuities
Unit: 800-796-3872 x #3, 1
Direct: 425-256-8019
-----Original Message-----
From: Stephen Tiley (mailto:stiley@freytiley.com)
Sent: Wednesday, August 29, 2007 9:47 AM
To: Income Annuities Claims
Cc: Harry M. Cullingsi James D. Cullingsi Karen S. cullings
Subject: Re: Annuity Contract AA0778720
Dear I1r. Roff:
I entered you ernail address incorrectly and the message reproduced
below
came back undelivered. Hopefully this new attempt will be successful.
Sincerely,
Steve Tiley
Page 1 o~
Stephen D. Tiley
5 South Hanover Street
Carlisle, pennsylvania 17013-3307
Telephone: 717-243-5838
Facsimile: 717-243-6441
Ernail: stiley@freytiley.com
> From: Stephen Tiley <stiley@freytiley.com>
> Date: Wed, 29 Aug 2007 10:14:37 -0400
> To: Erick Roff <iaciai@symetra.com>
> Cc: "Harry M. Cullings" <cullings@iea.att.ne.jp>, "James D. Cullings"
> <jcullings@innernet.net>, "Karen S. Cullings" <k_cullings@yahoo.com>
> Subject: Annuity Contract AA0778720
>
> Dear Mr. Roff:
>
> I am the attorney for the estate of Anna M. Cullings, deceased. She
owned
> Annuity Contract AA0778720. I need a date of death valuation for
inheritance
> tax purposes, and I am assisting the beneficiaries in deciding whether
to take
> a lump sum distribution, or continue annuity payments.
>
> I am in receipt of a copy of your letter of August 8, 2007 to Karen
> Cullings. This ernail message will follow-up on a telephone message
which I
> just left at the number given on that letter.
>
> Please provide the following information:
>
> (1) The exact amount that Anna M. Cullings would have received if
she had
> chosen to cash in the annuity on July 31, 2007.
>
> (2) The exact amount and date of the payments Anna M. Cullings would
have
> received if she had lived beyond the annuity contract period.
>
> (3) The exact amount that the beneficiaries (gross for all three
> beneficiaries) will receive if they all elect a lump sum distribution.
>
> (4) The exact amount and dates of the payments that the
beneficiaries will
> receive if they all elect to continue annuity payments.
>
> Your assistance in providing this information is appreciated. If
you have
> any questions, please feel free to contact me. If you do not want to
disclose
> this information to me for privacy reasons please send it to Karen
Cullings at
> the New Cumberland address you used for her previously, or send it to
the
> decedent at her address.
>
> Sincerely,
>
> Steve Tiley
>
> Stephen D. Tiley
> 5 South Hanover Street
Page 2 092
FROM : DAUPH I N
COUNT~._ L I BRFlRY
FAX NO. :7172347479
Aug. 16 2007 09:51AM Pl
CD./Dept.
Phone II
SVM-ETRA..
Poet-if' Fax Note
To
Fall jl
FINANCIAL
August 8, 2007
Karen Cullings
824 2nd St.
Newcumberland, PA 17070
Annuity Contract: M0778720
Payee: Anna M. Cullings
Dear Ms. Cullings:
This letter is in response to your request for a valuation of Annuity Contract M077a720.
The estimated value of this contract as of the date of Anna M. Cullings's death. July 31, 2007, is
$117 ,629.00. This estimate is net and should not be considered as a present or cash surrender
value.
The figure provided should be understood as a purchase price value. Included in the amount
are certain costs and fees which are part of the premium that would be used to purchase the
. remaining benefits at today's market prices. For a pure present value I we recommend
contacting a Certified Public Accountant or someone in a similar position, who can calculate the
value more speCifically.
Our representatives are available 7:00 a.m. to 4:30 p.m. Monday through Friday, Pacific Time.
Call us toll free at 1-800-SYMETRA (796-3872), option 3 then 1. contact us via e-mail at
iaclai@symetra.com, or by toll free.fax at 1-866-817-8780.
t:!E
Erick Roff
Claims examiner
Income Annuities Claims Unit
Symetra Life Insurance Company
.
Syrnetrll Lif.lnsurMce Company' 777 lOath Avenue NE. Suite 1200. Bflllevue. WA 981104-S135. www.~yrnetr...c()n\
Mailing Address: PO Bex ::l4(,tJO. Seatl:lo.:, WA 98124-169Q. PMne 1-800..7\1b-~872 . TrY/TDD 1-800-833-6368
VL11HI')~
217
REV-1511 EX + (12-99)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIOENT DECEDENT
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
ESTATE OF
Cullings, Anna M.
Debts of decedent must be reported on Schedule I.
FILE NUMBER
21-07-00744
ITEM
NUMBER DESCRIPTION AMOUNT
A. FUNERAL EXPENSES:
1. Hoffman-Roth Funeral Home 3,321
2. Carlisle Memorial Service, Inc. 650
B. ADMINISTRATIVE COSTS:
1. Personal Representative's Commissions
Name of Personal Representative (s)
Social Security Number(s) I EIN Number of Personal Representative(s)
Street Address
City State Zip
Year(s) Commission Paid:
2. Attorney Fees (FREY & TILEY) 2,500
3. Family Exemption: (If decedent's address is not the same as claimant's. attach explanation)
Claimant
Street Address
City State Zip
Relationship of Claimant to Decedent
4. Probate Fees 132
5. Accountant's Fees (FREY & TILEY) 0
6. Tax Return Preparer's Fees (FREY & TilEY) 0
7. Filing Fee - Inheritance Tax Return 15
TOTAL (Also enter on line 9 Recaoitulation) $ 6.618
(If more space is needed, insert additional sheets of the same size)
REV-1512 EX+ (12..Q3)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
CullinQs, Anna M. 21-07-00744
Report debts incurred by the decedent prior to death which remained unpaid as of the date of death, including unreimbursed medical expenses.
VALUE AT DATE
OF DEATH
SCHEDULE I
DEBTS OF DECEDENT,
MORTGAGE LIABILITIES, & LIENS
ITEM
NUMBER
DESCRIPTION
1.
West Shore EMS - BLS
85
2.
West Shore EMS - BS
144
3.
Shelly Moving & Storage, Inc.
1,507
4.
Holy Spirit Hospital
175
TOTAL (Also enter on line 10, Recapitulation) $
(If more space IS needed, Insert additional sheets of the same size)
1,911
217
REV-1513 EX+ (9-00)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE J
BENEFICIARIES
ESTATE OF
FILE NUMBER
Cullinas Anna M. 21-07-00744
RELATIONSHIP TO DECEDENT AMOUNT OR SHARE
NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE
I. TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under
Sec. 9116 (a) (1.2)]
a. James D. Cullings, 11,428 Arch Stret, Carlisle, PA 17013 Grandson 5,000
b. Anthea Cullings Abers, 824 2nd Street, New Cumberland, PA 17070 Granddaughter 5,000
c. Harry M. Cullings, 108-402 Tsurumi-cho, Naka-ku,
Hiroshima, Japan 730-0045 Son 1/3 Residuary
d. James D. Cullings, 1221 Anthony Highway, Chambersburg, PA 17207 Son 1/3 Residuary
e. Karen S. Cullings, 824 2nd, Street, New Cumberland, PA 17070 Daughter 1/3 Residuary
ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET
II. NON-TAXABLE DISTRIBUTIONS:
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
TOTAL OF PART 11- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET $ 0
(If more space is needed, insert additional sheets of the same size)
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LAST WILL AND TESTAMENT
OF
ANNA M. CULLINGS'
I, ANNA M. CULLINGS, of South Middlet<?n Township (mailing address: 128 South
Ridge Road, Boiling Springs, Pennsylvania 17007), Cumberland County, Pennsylvania, being
of sound and disposing mind, memory and understanding, do hereby make, publish and declare
this as and for my Last Will and Testament, hereby revoking and making void any and all Wills
by me at any time heretofore made.
1. I direct my hereinafter named Executor or Executors to pay all of 'my just debts and
funeral. expenses as soon after my death as may be found convenient to do so. I further direct
that all inheritance and estate and death taxes which may be payable on account of my death shall
be paid from the residue of my estate regardless of whether the assets upon which such taxes are
based are included in my probate estate. .
2. All of the rest, residue and remainder of my estate, real, personal and mixed, and
wheresoever the same may be situate, I give, devise and bequeath to my husband, Harry M.
Cullings, his heirs and assigns, to the exclusion of my children, born and unborn, provided my
said husband, Harry M. Cullings, shall survive me bya period of ninety (90) days.
3, Should my said husband, Harry M. Cullings, predecease me or fail to survive me by
the aforesaid period of ninety (90) days, then in such event all of the re~t, residue and remainder
'of my estate, real, personal and mixed, and wheresoever the same may'he'situate, I give, devise
and bequeath as follows:
a) I give and bequeath the sum of $5,000.00 to my grandson, lames D. Cultings,
II, his heirs and assigns, provided he shall survive me by a period of ninety (90) days, but .
should he fail to so survive me then to such of his legitimate issue as shall survive me by a period
of ninety (90) days, per stirpes, and if there be no such issue then the same shall lapse.
b) I give and bequeath the sum of $5,000.00 to my granddaughter, Anthea
CuIlings Abers, her heirs and assigns, provided she shall survive me by a petiod of ninety (90)
days, but should she fail to so survive me then to such of her issue as shaR survive me by a
period of ninety (90) days, per stirpes, and if there be no such issue then the saine shall lapse.
c) The balance thereof I give, devise and bequeath in equal shares to such of my
three (3) children, their heirs and assigns, as shall survive me by a period of ninety (90) days, my
said three children being Harry Michael Cullings, James D. Cullings, and Karen Sue Cullings.
Should any of my said three children predecease me or fail to survive me by the aforesaid period
of ninety (90) days, then in such event I direct the share such deceased child of mine would have
received shall pass to such of his or her legitimate issue as shall survive me by a period of ninety
(90) days, per stirpes, and if there be no such issue the same shall lapse and be added to the share
or shares of my other children, per stirpes. '
4. I hereby nominate, constitute and appoint my husband, Harry M. Cullings, as Executor
of this my Last Will and Testament but should he predecease me or fail to qualify or cease serving
as such, then in such event I nomin,ate, constitute and appoint my three (3) children, Harry M. ~
Cullings, James D. Cullings and Karen Sue Cullings, or any of them, as alternate or successor
Executors, and I further direct that none of them shall be required to post any bond to secure the
faithful performance of his or her duties in the Commonwealth of Pennsylvania or in any other
jurisdiction.
5, Should any person less than 21 years of age be entitled to distribution from my estate,
in such event I direct the same shall be paid to the person or persons or corporate fiduciary which
may be selected by my Executors as Guardian of the estate of such person and if the amount is in
excess of $10,000.00 such appointment shall be approved by the Orphans' Court Division of the
Cumberland County Court of Common Pleas or such other court as may have jurisdiction, and I
authorize and direct such Guardian to receive and to invest the same and pay the income arising
therefrom together with so much of the principal thereof as in its opinion is necessary or desirable
to be expended for the proper maintenance, support and education of such person, and upon such
person attaining 21 years of age to pay to him or her the then remaining principal together with
any undistributed income.
6. My Executor and Executors and the Guardian of the estate of any distributee, in addition
to the powers conferred by law, are authorized and empowered:
a. To invest any part of the trust corpus in such securities, investments, or other
property as may be deemed advisable and proper, irrespective of whether the same are authorized
for the investment of trust funds under the laws of any governing jurisdiction.
Page 1 of 2 Pages
b. With respect to any corporation, the stocks, bonds, or other securities of which may
be held, to vote in person or by proxy on any shares of stock; to consent to the merger,
consolidation or reorganization of such corporations; to consent to the leasing, mortgaging or sale
of the property of any such corporations; to make any surrender, exchange or substitution of such
stocks, bonds or other securities as an incident to the merger, consolidation or reorgl!llization of
such corporations; to pay all assessments, subscriptions and other sums of money which may be
deemed wise and expedient for the protection and maintenance of the proportionate interest of the
investment in such corporations; to exercise an1 option or privilege which may be conferred upon
the holders of such stocks, bonds, or other securities of such corporations either for the
conversion of the same into other securities or for the purchase of additional securities, and to
make any and all necessary payments which may be required in connection therewith; and
generally to have and exercise as to all such stocks, bonds and other securities, the powers of an
individual owner who is under trUst obligation.
c. To hold the trust corpus in one or more consolidated funds in which separate shares
shall have undivided interests.
d. To sell at public or private sale for cash or upon credit, or partly for cash and partly
on credit, and upon such terms and conditions as shall be deemed proper, any part or parts of the
trust estate, and no purchaser at any such sale shall be bound to inquire into the expediency or
propriety of any such sale or to see to the application of the purchase moneys arising therefrom.
e. To keep on hand and uninvested such money as may be deemed proper and for
such period as may be found expedient.
f. To compromise, settle or arbitrate any claim or demand in favor of or against the
trust estate.
g. In the discharge of fiduciary duties, to employ counsel and to determine and to pay
such counsel reasonable compensation which shall be charged against the principal or income of
the trust fund, and shall further be entitled to charge against the principal or income such other
reasonable expenses and charges as may be necessary and proper to incur for the proper
discharge of fiduciary duties and for the proper management and administration. of the trust estate.
h. In making any division of property into shares for the purpose Of any distribution
thereof directed by the provisions of the trust, to make such division or distribution, either in cash
or in kind, or partly in cash and partly in kind, as shall be deemed most expedient, and in making
any division or distribution in kind may allot any specific security or property or any undivided
interest therein to anyone or more of such shares, and to that end may appraise any or all of the
property so to be allotted and the judgment as. to the propriety of such allotment and as to the
relative value for purposes of distribution of the securities or property so allotted shall be final
and conclusive upon all persons interested in the trust or in the division or distribution thereof.
i. To register any shares of stock or other assets of any trust in their own names or in
the name of a nominee. .
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will
and Testament, written on two (2) pages, this 25th day of August, 1994.
1'/' ' ,
al~'r?'?( J.n.. (;;-II'(UI ,:;;.::>) (SEAL)
AnnaM. Cullings' )..'....- .'
Signed, sealed, published and declared by ANNA M. CULLINGS, the Testatrix above-
named, as and for her Last Will and Testament, in our presence, who, in her presence, at her
request, and in the presence of each other, have hereunto subscribed our names as attesting
witnesses. .
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