HomeMy WebLinkAbout03-0496Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS
Estate of Russell E. Gainor No. ~/--~. ~/~g
also known as ,
, Deceased Social Security No. 204- 03 - 5095
Jay E. Gainor
Petitioner(s), who is/are 18 years of age or older, apply(les) for:
(COMPLETE 'A' or 'B' BELOW:)
A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the execut or
the Decedent, dated 06/04/2002 and codicil(s) dated None
named in the last Will of
State relevant circumstances, e.g., renunciation, death of executor, etc.
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents
offered for probate; was not the victim of a killing and was never adjudicated incompetent:
N/^
B. Grant of Letters of Administration
(c.t.a.; d.b.n.c.t.a; pendente lite; durante absentia; durante minoritate)
Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and
heirs:
I Name Relationship Residence
(COMPLI: I h IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland
or principal residence at 230 Pennsylvania Avenue,
Decedent, then 86 years of age, died 05/29/2003
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property
(If not domiciled in PA) Personal property in Pennsylvania
(If not domiciled in PA) Personal property in County
Value of real estate in Pennsylvania
County, Pennsylvania with his/her last family
East Pennsboro Twp., West Fairview, PA 17025
(liststreet, number, and municipally)
at West Fairview, East Pennsboro Twp., PA
(Location)
12,000.00
40,000.00
situated as follows: 230 Pennsylvania Avenue, West Fairview, Cumberland Co. , PA
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of
letters in the appropriate form to the undersi~lned:
' ~t,j;,,h ~'~ j~re'~, I Jay E. Gainor Typed or printed name and residence
d .---~/,~- :~ 1008 Havenwood Court, Mechanicsbur~, PA 17050
Prepared by the Pennsylvania Sar Association
Copyright (c) 1996 form software only CPSystems, inc.
Form RW-1 (1991)
Oath of Personal Representative
Commonwealth of Pennsylvania
County of Cumberland
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true
and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of
the Decedent, Petitioner(s) will well and truly administer ~,~state according t~law.
Sworn to or affirmed and subscribed ~
before me thJs/~d~y o, ~m~E. Gainor
Estate of Russell E. Gainor
Deceased
Social Security No: 204-03-5095 Date of Death: 05/29/2003
AND NOW, ~/j~__.~/~2 , in consideration
of the Petition on the regse/~ side hereon, satisfactory proof having been presented before me,'~
IT IS DECREED that Letters ~ Testamentary [] Of Administration
(c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate)
are hereby granted to Jay E. Gainor
in the above estate and that the instrument(s) dated 06/04/2002
described in the Petition be admitted to probate and filed of record as the last Will of Decedent.
FEES
Letters ........... $
Short Certificate(s) ..... $
Renunciation ........ $
Affidavits ( ) .... $
g. oo
y: Ua~es D. Bo~'arl~. Esquire
I.D. No: 19475
Extra Pages ( ) .... $ /¢~, O0
Address: One West Main Street
Shiremanstown, PA 17011
Codicil ........... $
JCP Fee .......... $ ~. 0~.~~)
Telephone: 717/737-8761
Inventory .......... $
Other ........... $
TOTAL ......... * /'~/'~. ~C~)
Prepared by the Pennsylvania Bar Association Copyright (c) 1996 form software only CPSystems, Inc.
Form RW-1 (1991)
6~:~V ~t NFII' £0.
REGISTER OF WILLS OF COUNTY
OATH OF SUBSCRrRING ~TYNESS
codicil
(each) a subscribing witness to the will pr=ented herewith, (each) being duly qualified according to
law, depose(s) and say(s) that pr~ent and saw
the testat , ~ign the same and that signed az a wimps at the
request of testat in h pr=once and (in the presence of each other) (in the pre, once of the
other subscribing witness(es)).
Sworn to or affwmed and subscribed before
me this day of
20
(Name)
(Address)
(2¥ame)
(Address)
Reg~rer
WILLS OF Cumberland COUNTY
I3AIH~03' NON-SUBSCRIBING WITNESS
Jay E. Gainor
~) a suksc~ber hereto, ~ being duly qu~Eed ac:ordinz_ :o law, de.~cse,.)'~ "~ ~d say(s) nba:
he fa~dH~ with the siena ..... of Russell E. ~inor
te~a~°r of .~ .... . ) the will presented here',vi;h and
tka~ he behoves the signa~ur~ on the will is in ~e handw~:ing cf
Russell E. C~inor
5wcrn te or afEmned and suL-sc,-.'~ed before
mesN% /"g:P~ da,/ o ( (Name)
Q~_/.~,ff 20 03 1008 Havenw~d Cou~, Mechanicsburg, PA 17050
~VameJ
(.4 ddrezs)
Register of Wills of Cumberland County, Pennsylvania
OATH OF SUBSCRIBING WITNESS
Estate of Russell E. Gainor No.
also known as
, Deceased
James D. Bo~ar, Esquire
(each) a subscribing witness to the ~] codicil(s) ~ will(s) presented herewith, (each) being duly qualified according to law
depose(s) and say(s) that she/he/they was/were present and saw the above Testator(rix) sign the same and that she/he/they signed as
a witness at the req~l~t of Testatq~(rix)in his/her/their presence and r~ in the presence of each other ~ in the presence of the
other subsdribing wit~ss(es). ' .~.
(Address)
(Signature)
(Address)
Sworn to or affirmed and subscribed
before me this j ~ -/- ~ day
of j uO¢
--'"~'~')/0 L~ ~, ! ' ') /'l/'). ' ~1'" ' NOTARIAL SEAL
~--~-~~/~71~ BONNIE L WILLIAMS_, NOTARY PUBLIC J
Notary Public /SHIREMANSTOWN BORO., CUMBERLAND CO.I
/ MY COMMISSION EXPIRES APRIL
My Commission Expires: ·
(signature and seal of Notary or ether official NOTE: To be taken by officer authorized to administer oaths.
qualified to administer oaths. Show date of Please have present the original or copy of instrument(s)
expiration of Notary's commission.) at time of notarization.
Prepared by the Pennsylvania Bar Association
Copyright (c) 1996 form software only CPSystems, Inc. Form tIJlRW-:; (1991)
I,AST WILL AND TESTAMENT
OF
RUSSELL E. GAINOR
I, RUSSELL E. GAINOR, of East Pennsboro Township,
Cumberland County, Pennsylvania, make, publish and declare this
as and for my Last Will and Testament, hereby revoking all other
Wills and Codicils heretofore made by me.
FIRST: I devise and bequeath all the rest, residue and
remainder of my estate of whatever nature and wherever situate,
including any property over which I hold power of appointment and
together with any insurance policies thereon, unto my wife,
HELEN J. GAINOR, provided she survives me by sixty (60) days.
SECOND: Should my wife, HELEN J. GAINOR, predecease me
or die on or before the sixty-first (61st) day following my
death, I devise and bequeath all the rest, residue and remainder
of my estate of whatever nature and wherever situate, including
any property over which I hold power of appointment and together
with any insurance policies thereon, in equal shares, to my
children, JAY E. GAINOR, DONALD R. GAINOR and P~AY A. GAINOR,
provided that should any of my children predecease me, I give and
bequeath such child's share unto his issue per stirpes by
representation, and if there be a failure of same, then I give
and bequeath such deceased child's share to my surviving children
as provided herein.
THIRD: Should any of my grandchildren not have
attained the age of twenty-two (22) years at the time for distri-
bution to him or her, I give, devise and bequeath the share of
each such grandchild to my hereinafter named Trustee or Trustees,
IN SEPAP~ATE TRUSTS, to hold, manage, invest and reinvest the
shares so received, and to use and apply from time to time such
portion of income and principal for the said grandchild's post-
high school education (including college, trade school or other
similar training or education), as my Trustee or Trustees, in
their sole discretion, deem advisable. The Trustee or Trustees,
in exercising their discretionary authority with respect to the
payment of income or principal of the within Trust to my
grandchildren, shall take into consideration any income or other
resources available to my grandchildren from sources outside this
Trust.
Any income or principal not so applied shall be dis-
tributed to each grandchild when he or she attains the age of
twenty-two (22) years. In the event any of my grandchildren die
prior to the termination of the Trust established herein for
their benefit, the interest of my grandchild in said Trust shall
cease with any income and principal being divided evenly between
or among that deceased grandchild,s brothers and sisters or the
separate trusts established hereunder for their benefit and, in
the absence of any brothers and sisters, to my other grandchil-
dren in equal shares.
FOURTH: In addition to all powers granted to them by
law and by other provisions of this Will, I give the fiduciaries
acting hereunder the following powers, applicable to all proper-
ty, exercisable without court approval and effective until actual
distribution of all property:
(A) To sell at public or private sale, or to lease,
for any period of time, any real or personal property and to give
options for sales, exchanges or leases, for such prices and upon
such terms (including credit, with or without security) or
conditions as are deemed proper. This includes the power to give
legally sufficient instruments for transfer of the property and
to receive the proceeds of any disposition of it.
(B) To partition, subdivide, or improve real estate
and to enter into agreements concerning the partition, subdivi-
2
sion, improvement, zoning or management of real estate and to
impose or extinguish restrictions on real estate.
(C) To compromise any claim or controversy and to
abandon any property which is of little or no value.
(D) To invest in all forms of property, including
stocks, common trust funds and mortgage investment funds, without
restriction to investments authorized for Pennsylvania fiduci-
aries, as are deemed proper, without regard to any principle of
diversification, risk or productivity.
(E) To exercise any option, right or privilege granted
in insurance policies or in other investments.
(F) To exercise any election or privilege given by the
Federal and other tax laws, including, but not necessarily being
limited to, personal income, gift and estate or inheritance tax
laws.
(G) To make distributions to my herein named benefici-
aries in cash or in kind or partly in each.
(H) To borrow money from themselves or others in order
to pay debts, taxes, or estate or trust administration expenses,
to protect or improve any property held under my will, and for
investment purposes.
(I) To select a mode of payment under any qualified
retirement plan (pension plan, profit sharing plan, employee
stock ownership plan, or any other type of qualified plan) to the
extent the plan or the law permits them to do so, and to exercise
any other rights which they may have under the plan, in whatever
manner they consider advisable.
FIFTH: I nominate and appoint JAY E. GAINOR, as
Trustee of the hereinabove described trusts. In the event of the
death, resignation or inability to serve for any reason whatso-
ever of the said JAY E. GAINOR, I nominate and appoint, my
grandson, RYAN M. GAINOR, as Trustee of the hereinabove described
trusts. I direct that my Trustee or Trustees shall serve without
bond and shall receive fair and reasonable compensation.
SIXTH: I direct that all inheritance, estate,
transfer, succession and death taxes, of any kind whatsoever,
which may be payable by reason of my death, whether or not with
respect to property passing under this Will, shall be paid out of
the principal of my residuary estate.
SEVENTH: All interests hereunder, whether principal or
income, which are undistributed and in the possession of the
fiduciaries acting hereunder, even though vested or distribut-
able, shall not be subject to attachment, execution or sequestra-
tion for any debt, contract, obligation or liability of any
beneficiary, and furthermore, shall not be subject to pledge,
assignment, conveyance or anticipation.
EIGHTH: I nominate and appoint my wife, HELEN J.
GAINOR, Executrix of this, my Last Will and Testament. In the
event of the death, resignation or inability to serve for any
reason whatsoever of the said HELEN J. GAINOR, I nominate and
appoint JAY E. GAINOR, Executor of this, my Last Will and Testa-
ment. I direct that my Executrix or Executor, Trustee or
Trustees, as the case may be, and their successors, shall not be
required to post security or a bond for the performance of their
duties in any jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and
seal to this, my Last Will and Testament, this ,~ day of
, 2002.
RUSSELL E. GAINOR
4
Address
Address
Signed, sealed, published and declared by the above-
named Testator as and for his Last Will and Testament in our
presence, who, at his request, in his presence and in the
presence of each other, have hereunto subscribed our names as
attesting witnesses.
OF
RUSSELL E. GAINOR
'03 JU¢'! 1 g !",8:39
JAMES D. bOGAR
ATTORNEY AT LAW
ONE WEST MAiN STREET
SHIREMANSTOWN, PENNSYLVANia 17011
CERTIFICATION OF NOTICE UNDER RULE 5.6 (a)
Name of Decedent: Russell E. Gainor
Date of Death: May 29, 2003
Will No. 21-03-0496
Admin. No.
To the Register:
I certify that notice of estate administration 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
July 8, 2003:
Name Address
Jay E. Gainor
Donald R. Gainor
Ray A. Gainor
1008 Havenwood Court
Mechanicsburg, PA 17050
4149 Beardsely Drive
Montgomery, AL 36104-1622
2918 Brookwood Street
Harrisburg, PA 17111
Notice has now been given to all persons entitled thereto under
Rule 5.6(a) except:
None
Date: 7/8/03
LTD
Capacity:
~me~-D ogar, Esquire
One Wes)~°~n Street
Shiremanstown, PA 17011
(717) 737-8761
Personal Representative
Counsel for Personal
Representative
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT. 280601
HARRISBURG, PA 17128-0601
R~CEIVED FROM:
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
NO.
CD 003573
BOGAR JAMES D
1 W MAIN STREET
SHIREMANSTOWN, PA
17011
'ESTATE INFORMATION: SSN: 204.-03-5095
FILE NUMBER: 2103-0496
DECEDENT NAME: GAINOR RUSSELL E
DATE OF PAYMENT: 02/1 8/2004
POSTMARK DATE: 00/00/0000
COUNTY: CUMBERLAND
DATE OF DEATH: 05/29/2003
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
101 81,882.51
iREMARKS:
SEAL
JAMES BOGAR, ESQ
CHECK# 1621
TOTAL AMOUNT PAID:
81,882.51
INITIALS: AC
RECEIVED BY:
GLENDA FARNER STRASBAUGH
REGISTER OF WILLS
DEPARTMENT OF REVENUE
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT. 280601
HARRISBURG, PA 17128-0601
RECEIVED FROM:
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
NO.
REV-1162 EX(11-96)
CD 003573
BOGAR JAMES D
1 W MAIN STREET
SHIREMANSTOWN, PA
17011
........ fold
ESTATE INFORMATION: SSN: 204-03-5095
FILE NUMBER: 2103-0496
DECEDENT NAME: GAINOR RUSSELL E
DATE OF PAYMENT: 02/18/2004
POSTMARK DATE: 00/00/0000
COUNTY: CUMBERLAND
DATE OF DEATH: 05/29/2003
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
101 $1,882.51
REMARKS:
SEAL
JAMES BOGAR, ESQ
CHECK//1621
TOTAL AMOUNT PAID:
$1,882.51
INITIALS: AC
RECEIVED BY:
GLENDA FARNER STRASBAUGH
REGISTER OF WILLS
REGISTER OF WILLS
REV- 1500 EX + {6-00)
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
DEPT. Z80601
REV-1500
INHERITANCE TAX RETURN
RESIDENT DECEDENT
OFFICIAL USE ONLY
FILE NUMBER
21 - 03 - 0496
COUNTY CODE YEAR NUMBER
CA
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HARRISBURG, PA 171Z8-0601
ED I DECEDENT'SNAME(LAST'FIRST'ANiMtDDLEINITIAL)Gainor Russell E.
CE DATEOFDEATH(MM-DD-YEAR) DATEOFBIRTH(MM-DD-YEAR)
D 05/29/2003 07/14/1916
E (IF APPLICABLE) SURVIVING SPOUSE S NAME (LAST, FIRST, AND MIDDLE INITIAL)
N '
T
Ir 1. Original Return ~ 247! Supplemental Return
P B 4. Limited Estate Futurelnterest Compromise (date of deathafter 1Z-12-8Z)
RL '
~ O 6. Decedent Died Testate Decedent Maintained a Living Trust
ATKC (Attach copy of Will) (Attach copy of Trust)
E S 9. Litigation Proceeds Received r-'] 10. Spousal Poverty Credit
(date of death between 1Z-31-91 and 1-1
SOCIAL SECURITY NUMBER
204-03-5095
THIS RETURN MUST BE FILED IN OUPUCATE WITH THE
REGISTER OF WILLS
sOCIAL SECURITY NUMBER
J (date of death
3. Remainder Return prior to 12-13-82)
5. Federal Estate Tax Return Required
0 8. Total Number of Safe Deposit Boxes
---] 11. Election to tax under Sec. 9113(A)
(Attach Sch O)
NAME
James D. Bo~ar Esquire
FIRM NAME (If Applicable)
TELEPHONE NUM8ER
717./737- 8761
Street
PA 17011
1. Real Estate (Schedule A) (1)
2. Stocks and Bonds (Schedule B)
3. Closely Held Corporation, Partnership or (3)
Sole-Proprietorship
4. Mortgages & Notes Receivable (Schedule D) (4)
5. Cash, Bank Deposits & Miscellaneous Personal Property (5)
(Schedule E)
6. Jointly Owned Property (Schedule F) (6)
E~ Separate Billing Requested
7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7)
(Schedule G or L)
8. Total Gross Assets (total Lines 1-7)
9. Funeral Expenses & Administrative Costs (Schedule H) (9)
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) (10)
11. Total Deductions (total Lines 9 & 10)
12. Net Value of Estate (Line 8 minus Line 11 )
13.
14.
COMPLETEMAILINGADDRESS
One West Main
Shiremanstown,
40,000.
No~
No~.~
11,983
584.8~
600.05
10,410.14
924.46
(8) 53,168.22
(11) 11,334.60
(12) 41,833.62
(13)
(14) 41,833.62
Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been
made (Schedule J)
Net Value Subject to Tax (Line 12 minus Line 13)
SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES
15. Amount of Line 14 taxable at the spousal tax
rate, or transfers under Sec. 9116(aX1.2)
16. Amount of Line 14 taxable at lineal rate
17. Amount of Line 14 taxable at sibling rate
18. Amount of Line 14 taxable at collateral rate
19. Tax Due
41,833.62
X .00
X .045
X .12
X .15
(15) 0.00
(16) 1,882.51
(17) 0.00
(18) 0.00
(19) 1,882.51
Copyright (c) ZOO0 form software only The Lackner Group, Inc. Form REV- 1500 EX (Rev. 6-00)
Decedent's Complete Address:
STREET ADDRESS
230 Pennsylvania Avenue
CI~
Enola
Tax Payments and Credits:
1. Tax Due (Page 1 Line 19)
2. Credits/Payments
A. Spousal Poverty Credit
B. Prior Payments
C. Discount
3. Interest/Penalty if applicable D. Interest
E. Penalty
STATE
?A
ZIP
Total Credits ( A + B + C ) (2)
Total Interest/Penalty ( O + E ) (3)
If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT.
Check box on Page 1 Line 20 to re~tuest a refund (4)
If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5)
A. Enter the interest on the tax due. (SA)
B. Enter the total of Line 5 + SA. This is the BALANCE DUE. (SB)
17025
(1) 1,882.51
Make Check Payable to: REGISTER OF WILLS, AGENT
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: ......................... ~ r-~
b. retain the right to designate who shall use the property transferred or its income; ...........
c. retain a reversionary interest; or ....................................
d. receive the promise for life of either payments, benefits or care? ...............
2. If death occurred after December 12, 1982, did decedent transfer property within one year of death
without receiving adequate consideration? ................................ ~ ~']
3. Did decedent own an "in trust for" or payable upon death bank account or security at his
or her death?
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property
which contains a beneficiary designation? ................................ ~ ~
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES,
YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
Under penalties of perjury, [ declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true,
0.00
0.00
0.00
1,882.51
0.00
1,882.51
correct and complete. Declaration of preparer other than the personal representative is based on ail Information of which preparer has any knowledge.
SIGNA~ PERSON RESPO~SLE ~OR FLUNG RETURN Jay E Cainor DATE
~ /- ~) ~ ' -~ 1008 ~avenwood Court
c ,. .....................................................
~ Mechanicsbur~, PA 17050
SIGN~PREPARE~THER THAN REPRESENTATIVE J~es D Bogar Esquire ~- ---
/ / ~ ~ One West Main Street ,
7- -'kVdik- ....................
surviving spouse is 3% [72 P.S. 9116 (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 0%
[72 P.S. 9116 (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 0% [72 P.S. 9116 (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 4.5%, except as noted in 72 P.S. 9116(1.2)
[72 P.S. 9116(a)(1)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% [72 P.S. 9116(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.
Copyright (c) 2000 form software only The Lackner Group, Inc. Form REV- 1500 EX (Rev. 6-00)
REV-1502 EX + (1-97)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
SCHEDULE A
REAL ESTATE
FILE NUMBER
Russell E. Gainor SS# 204-03-5095 05/29/2003 21-03-0496
All real property owned solely or as a tenant in common must be reported at fair market value. Fair market value is defined as the price
at which prope~ would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both having reasonable
knowledge of the relevant facts. Real property which is jointly-owned with right of survivorship must be disclosed on Schedule F.
ITEM
NUMBER DESCRIPTION VALUE AT DATE
OF DEATH
1 Ail those certain two (2) pieces or tracts of land situate in
East Pennsboro Township, (formerly the Borough of West
Fairview), Cumberland County, Pennsylvania, having placed thereon
a mobile home being known and numbered as 230 Pennsylvania
Avenue, West Fairview, Pennsylvania. The property was acquired
by Russell E. Gainor and Helen J. Gainor, his wife, by Deed dated
May 23, 1969 and recorded May 23, 1969 in the Cumberland County
Recorder of Deeds Office and by Deed dated November 13, 1987 and
recorded November 18, 1987 in the Cumberland County Recorder of
Deeds Office, a copy of the said Deeds are attached hereto and
incorporated herein. The said Helen J. Gainor died January 16,
2003, whereupon full and complete title to the above-described
properties became vested solely in Russell E. Gainor, the
Decedent herein. The above-described real estate was sold
pursuant to an Agreement of Sale for Real Estate dated December
29, 2003, a copy of which is attached hereto and incorporated
herein. Final settlement took place on January 28, 2004. A copy
of the Deed conveying said real estate, along with a copy of the
Settlement Sheet, are attached hereto and incorporated herein.
The sale price of the real estate was $40,000.00.
TOTAL (Also enter on line 1, Recap~ulation) $ 40,000.00
(If more space is needed, inse~ additional sheer of the same size)
Form REV-1502 EX (Rev. 1-9~
Copyright (c) 1996 form software only CPSystems, Inc.
40,000.00
our Lord oas I~ou~nd nln~ I~undr~d aixty-~lne (1969)
· ~I~.TSVEEN HAR~ARET I. SANDS, single, of the Borough of West Fait-view, CoJn.y
of Cumberland, and State of Pennsylvaltia, Party of the F~rst Pert.
RUSSKLL E. CAll, OR and HELEN J. C~.INOR. hle wife,
Cra,h-as:
in Aand ~id, th~ re.pt w~o~ ~ ~ ~ :..~:='~ed~d, t~ sa~ ~ra.tor does hereb~ V~ut
~L TI~T.C~TA~N p~ece or parce~ ~f~and, 8~ua~e in ~he ~rough of
Fai~iew, ~un~y o~ C~berland ~d S~a~a of Pennsy~vaniae bonded ~d
aa foXlovs:
BEGI~ING at a spike on the sout[~ side of Pennsylvania ~venue aC the
line of ~he ~rs~ alley west of ~ola ~ad; ~hence along Pennsylvania Avenuc
South ~3 degrees ~2 m~nutes ~esK ~e Uundred Seven~y-gight and SevenVy-E~gbc
One-hundredths (178.78) feec ~o a spik~ ~ ~he sou~h side of ~oCher
alley; thence along ~he laK~er South 70 degrees ~8 minu~es ~es~, Nine~y-T~
(92) gee~, ~re or less~ ~o a point; ~l;ence North ~3 degrees ~2 ~lnu~es E~'.~;
along other property of ~be Grantor ~ I[undred ~en~y-$even (127) fee~,
or lees, ~o a bol~ on the ~es~ s~de of a 15-~oo~ alley~ ~hence along ~be~atd
all~y North 38 degrees 11 sinuses Eas~, Seventy-Five (7~) leek ~o ~he pta_=
~E~NG Khe nor~he~ Seventy-Five (7~) ~ee~ of Lots 22~ 23, 2~, 25, and 26
=s shown on the A~ended Connected P~an of A. R. RupXey, aa recorded tn .~he
Cumberland County Recorder~a O[f~ce ~tt Plan ~ook ~, Page 56.
BEING pnr~ of th~ ~ame premlnea ~h~ch ~he Orphann~ Cour~ D~vtaton of
Cour~ o~ Go~n P~eaa of Cumberland Coun~y~ on Hay 6~ ~969~ a~arded ~o ~r~r=~
t. Sandn and Th~aa P; ~sers ~ copy of ~ald decre~ being recorded ~n Deed
Book E, VoL 23, Png~ 87~, ~berXand County Records, ~he undivided one-h.~
lnteren~ ~n ~h~ch ~he aa~d Thorn P. ~e~er~ and Lurn IleXene~ h~a ~fe~ by ~d
dated Hay ~9, ~969~ and duXy recordeR~ conveyed Ko Hargnre~ ]. Sanda, Grantor
heretn.
604
f. ene~all7 ~e ~,~lf h~re~ con,..
~N WITNESS WHEREOF, eai~ ~r~ntoe
the dnlt and vear ~rst above written.
~sacet: I. Sands
S~ate of PENNSYLVAN L~ /'ee'
Counl~ of CURBERLAHD -
gas undersized o~e~r, per~l~ a~d ~rgaret I. Sands
~.~k/or satbfacfo~i~ p~en) fo be ~it,. ~trs~ ~se Mind la ~bs~bed to the
,~in i~t~g, a~ ael~wled~ that ..he e~e~ted ~ms f~ the pu~osc~ therein
State of
~oung~
On gh~, ~s da~ of ,1~ , be/ore me,
~own to me (or sut~/agtor~ proven) ~ be Re person whose n~me eubse~bed to the
~ithin instrument, and ~knomled~d fh~ eze~ted ~ms f~ th~ pu~ost~ therein
c~tains~
Pee Simple Deed: Individual or COrl~rale
November 19~7
(hereinafTer called the Gramurls). of the one part and
RusseLl. E. (~alnor ~nH Helen J. G&Inor, his wire
{hereinaftes called the Grantee/s). of lite other part.
]J~]IIU~TI:II! :q,.t ~. eonMde,atlon of
Dollars.
In ~nd p~d~ the receipt whefeo~ la hefby a~owledpd, the ~d G~&ntor/g do/does hereby ~ant and eon~y unto the said
Osantee/s, ~he~r heirs,
~L ~T CE~T~ lot o~ i~d situate in the ~,~x'ough of ~eet Falryiev, C~berl~d
C~nty, Pe~sylv~nla, bonded and denerlb~
B~INNINO ab a potn~ on ~he westerly line or a 15 foot a~ey, being the first alley
ven~ or ~ola Road, a~ ~he southerly line oIi, ro~rty o~ ~he Or~teel ~hence alor,~
said ~ley, south 38 degrees ~ ~nutes east 133.67 fee~ to a m~ke on the northerly
line or another 1~ ~ a~eyl ~henee by the ~t~er line, south 55 degrees 17 ~nut.~s
ven~ ~3 fee~ ~o a s~e on ~he northeas~ line
the ~ter line, north 70 degrees ~6 ~nu~es west 1~9.87 ree~, more or less. to a
poln~ on the southerly line of other property or ~he Grates; thence by the latter
line, north ~3 degrees ~2 ~nutes east 127
BEIHG the southern portion or ~ta 22 ~ougL a6, Inclusive, on the ~ended connected
,//)Plan of A. E. Eupley, recorded In ~he C~berlu.d C~nty Eecorder's Office In Plan Book
1, Page 56.
~EIH~ ~IE 8~ PII~ whXch Narg~e~
Chile, Potta, her husband, by deed dat~ ~ebru~ 9, 1973 and recorded la the
C~berl~d County OEfiee o~ the Recorder of Deeds In Deed Book Z-2~, P~e 1077.
granted and conveyed Unto Runee~ g. Ga~nor.
~115 I8 A COHVEY~CE from husb~4 and wife to huab~d ~d wife.
UNDER AND SUBJECT to all Acts BE Assembly, Cou:.ty and Township ordinances, rlghLs
OE Public Utilities and Public Service Companies. existing restrictions, and easements,
visible o~ o[ record, to the extent that any persona or entitles have acquired legal
~'~1~ t~e sai(J ~{,ntqr~,d./does.lT]rteby.co/Iyengpt to ~nd will, the said G*a.tee/s tim he/ehe
e~; ~ GO Geu~ *' ' SIIALLANI)WlI.L
, W~ttant aud[or~vef I}c[cml the I:=tein above
described i. emises, with the beredltaments a.d appurtenances, unto Ibc ~ld Gfnntee/! ~heLF he2~ ~
hud nssiK .... galnst ti .... Id Grnntor/s i~([~}~%~ ~thef pa, Ion lawfully clalnlinK or who shall hereafter clehu the ......
or any part I ~ereof, by, from of under ~ ~ or any of them.
IN WI~S WI~OF, the ~ld Grantofls has/have c.used these p*e~.tl to ~ duly executed, the day and y~at first above
written.
Sealed and IJellvered
in the presence of:
Euneell E. O~nor
il®Ion J. t~L~l/nor
CummunweaJth uf Pennsylvania: County or :
O. Ods. Ihe day of 19 ,befure me, the undersigned ofli~,.f, i~etsonally
,ppeated wh~ acknowledaed Idmselflhe.el~ to be the of
a co,potation, and that hc/she as such
, being authmized to do so, execuled the foregoing instfument faf the pufpose thefeln contained by
sigumg the name of the cmpmation by Idn~elflhefself as
Notary Public
Commonwealth of Pennsylvania: Cool~ty of York : -....'"..
On this, lite .~3 tl~J~lx aL ~v~mber . 1~.87 , be[oreA, e. lite umJet~iRoe~
~lown to me (or salisfaclor~y proven) to be the ~tn..,.'/s whose name/s ~/are subscribed to the~lUgu instzutnwnt
lcknow edged that he/she/they executed the ~me for fl ,. purport therein contained
' . ........ ~__'
. ' '
MY C~MISS~ E~IIIES J~Y ~, 1~1 .... ' .....
F~W~P.,PA Y~IY
THIS
Tax Parcel No. 45-16-1050-023
& 4S-!6-!050-24
INDENTURE.
MADE THE
BETWEE,¥
day of ' ~ ,
two thousand four (2004)
JAY E. GAiNOR, ExecutOr of the Last Will and Tes-
5ament of RUSSELL E. GAINOR, late of East
Permsboro Township, Pennsylvania, party of tko
first part,
and
I~%RL A. GOBBEL, of Worm!eysburg, Pennsylvania,
party of the second part:
WHEREAS, the said RUSSELL E. GAiNOR by his Last Will and Testa-
men5, duly proved and recorded in the Cumberland County Register
of Wills Office, Pennsylvania, in Docket Book 21-03-0496, Letters
Tes5amen~ary being issued on June 18, 2003, provided, in perti-
nen~ part, as follows:
FOURTH: in addinion to all powers granted to them by
law and by osher provisions of this Will, I give the fiduciaries
ne_~.~e_ the following powers, applicable to a__~ prop-
er~y, ~ ~
~x .... o=o=e without court approval and effective until
actual dis;ribu~ion of all property:
(A) To sell at public or private sale, or to lease,
for any_period of time, a~v... --__~=~ o~_ _persona! property and to give
opticns for sales, exchanges or leases, for such prices and upon
such. tez.-ms (including credit, with or without security)or condi-
5zons as are deemed Drouer This includes
_ _ · t..e power to give
legally sufficient instruments for transfer of the property and
.... =v~ the proceeds o~ any disgosition of it.
EIGHTH: I nominate and appoint my wife, HELEN j.
GAiNOR, Executrix of this, my Last Will and Testament. In the
event of the death, resignation or inability to serve for any
reason whansoever of the said HELEN J. GA!NOR, I nominate and
appoint JAY E. GAiNOR, Executor of this, my.Last Will and Testa-
merit...
NOW THIS INDENTURE WITNESSETH, that the said party of the first
part, by virtue of the power and authority aforesaid, in said
Will contained, and in consideration of the sum of Forty Thousand
Dollars ($40,000.00) to him paid by the said party of the second
part, at and before the ensealing and delivery of these presents,
the receipt whereof is hereby acknowledged, has granted, bar-
calned sold and conveyed and does he, eoy grant, bargain, sell
and convey to the said party of the second part, his heirs and
assigns forever:
''? THOSE CER~ArN two (2) pieces or t.ac=s o~ land situase in
Easn Pennsboro Township (formerly the Borough of West Fairview),
Cumberland County, Pennsylvania, bounded and described as
follows, to wit:
TRACT NO. 1:
BEGiS~iNG at a spike on the ~
sou=~ side of Pennsylvania Avenue at
5he western line of the first alley wesn of Eno!a Road; thence
along Pennsylvania Avenue South 53 degrees 42 minutes Wes5 One
Hundred Seventy-Eight and Seventy-Eight One-hundredths (178.78)
_ee_ to a spike at the south side of another !5-foot alley;
nhence along the latter South 70 degrees 48 minutes West, Ninety-
Two (92) feet more or less, to a point; thence North 53 degrees
42 minutes Easn along another property of the Grantor One Hundred
~y-Seven (127) feet, more or less, to a bolt on the west side
o= a !5-fo05 alley; thence along the said a!!ev North ~8 degrees
-- m-~,u~s East, Seventy-Five (75) feet to the place of
BEGi5DIiNG.
BEING the northern Seventy-Five (75) feet of Lots 22, 23, 24, 25
and 26 as shown on the A=~ended Connected Plan of A.R Rup!ey, as
..... ==u in the Cumberland Count,.; R~co~c~_ s Office in P~a~ Book
~ °=ce 56 - - "
BEING the same premises which w~=~=~ .
.... =~-~ i Sands, single person,
by deed dated May 23, 1969 and recorded May 23, 1969 in the
~.~me,_anc County Recorder of Deeds Office in Deed Book
Vcl'mme 23, Page 604, granted and conveyed unto Russell E. Gainor
and Helen j. Gainor, his wife. The said Helen J. Gainor died
January 16, 2003, whereupon title to the within described prop-
erty became vested s61ely in Russell E. Gainor. The said Russell
E. Gainor died May 29, 2003.
TRACT NO. 2:
BEGiNiqiNG at a point on the westerly line of a 15 foot alley,
being the first alley west of Eno!a Road, at the southerly line
of property of the Grantee; thence along said alley, south 38
degrees il minutes east 133.87 feet to a stake on the northerly
line of another 15 zoot alley; thence by the latter line, south
55 degrees 17 minutes west 43 feet to a stake on the northeast
line of another 15 foot alley; thence along the latter line,
north 70 degrees 48 minutes west 159.87 feet, more or less, to a
point on the southerly line of other property of the Grantee;
thence by the ia~ter line, north 53 degrees 42 minutes east 127
feet, more or less, to a bolt, the place of BEGI~N-NING.
BEING the southern portion of Lots 22 through 26, inclusive, on
the amended connected Plan of A.R. Rup!ey, recorded in the
Cumberland County Recorder's Office in Plan Book 1, .Page 56.
BEING the same premises which Russell E. Gainor and Helen j.
Gainor, his wife, by deed dated November 13, 1987 and recorded
November 18, 1987 in the Cumberland County Recorder of Deeds
Office in Deed Book "B", Vol. 33, Page 112, granted and conveyed
unto Russell E. Gainor and Helen j. Gainor, his wife. The said
Helen J. Gainor died January.!~, 2003, whereupon title to the
within described property became vested solely in Russell E.
Gainor. The said Russell E. Gainor died May 29, 2003.
TOGETHER with all and singular the righus, liberties, privileges,
hereditaments and appur5enances whatsoever thereunto belonging or
in anywise apperUaining, and the reversions and remainders,
terms, issues and profits thereof, and all the estate, right,
title, interest, property, claim and demand whatsoever cf the
said RUSSELL E. GAiNOR at and immediane!y before the time of his
decease in law or e~ity o_ ' ~ ~
' ~ otne_,~.se howsoever, of, in, to or
out of the same:
TO ~VE A~ArD TO HOLD the said granted premises to the said party
of the second part, his heirs and assigns forever.
~ND the said party of the first part, does covenant, promise,
grant and agree, to and with the said party of the second part,
his heirs and assigns, by these presents, that the said party of
the first part, has not done, committed, or knowingly or
willingly suffered t~ be done, any act, matter or thing what-
soever, whereby the premises aforesaid, or any part thereof, is,
are, shall or may be charged or encumbered, in title, charge or
estate, or otherwise howsoever.
IN WITNESS WHEREOF, nhe said party of 5he first part has here-
unto set his hand and seal the day and year above written.
Signed, Sealed and Delivered
'7 in the Presence of
/
J&Y'-~. Gai.~or Executor oF the
Estate of Russell E. Gainor
COPA~-ONWEALTH OF ~=~r~Tcv~ ~r~m'-~
..
CO0~'TY OF CG~ERLA~ND :
SS.
On this the ,
undersigned officer, personally aDoe~red Jay E. Gainor, known to
me (or satisfacnori!y proven) to be the person described in the
foregoing '~
z,.sz~me.,~ and acknowledged that he executed the same
in the capacity therein s:a:ed and for the purposes therein
con:ained. -
IN WITNESS ~HERE0? ? ~=~= ...... ~-
........... o sen my na=~c and official
seal.
Notary Public
My Commission Exp_ires:
( SEAL )
~ONtflE L ~LLIA,~,~S, NOTARY MJ'BUC
~ COMMISS;ON ~Pt~'~ APRIl l~,
CERTIFICATE OF RESIDENCE
I do hereby certify nka: the precise residence and complete
uos~ office address of 5ke
~ ,~:~nzn named grantee is 107 N. 2nd
Street, Worm!eysburg, PA 17~'43.
January 28, 2004
J~mes D ogar, Esquire
Attorney ~ Grantee
CO~iM-ONWEALTH OF PEN~SYLVA~NiA :
: SS.
COUNTY OF CUP!BERLAND :
RECORDED on this day of
200.. , in the Recorder's Office of the said Counuy, in
Deed Book , Page
Given under my hand and the seal of the said office
the date above ~- '
, Recorder.
AGREEMENT OF SALE FOR REAL ESTATE
THiS AGREEMENT is entered into this ~4~ day of ~j~,
2003, by and between JAY E. GAiNOR, Executor of the Estate of
Russell E. Gainor, late of East Pennsboro To~.~ship, Cumberland
County, Pennsylvania, hereinafter called "SELLER"
KARL A. GOBBEL, of 107 N. 2~ Street,Worm!eysburg,
hereinafter called "PURCHASER".
iT iS MUTUALLY AGREED AS FOLLOWS:
Pennsylvania,
Being all those two (2 certain pieces or parcels of
real estate having erected thereon a mobile home being
know~.~ and numbered as 230 Pennsylvania Avenue, West
Fairview, Cumberland County, Pennsylvania, a copy of
said Deeds being attached hereto, co!!ect~ve~¥ marked
E~tibit "A" and incorporated herein. - --
Tax Parcel No.: 45-16-1050-023
2. PURCHASE PRICE. The Purchaser agrees to pay the sum of
$~0,000.00 to the Seller, as the full purchase price and
consideration for the premises, payable as follows: $i,000.00 on
the signing of this Agreement, receipt of which is hereby
acknowledged; and $39,000.00 in cash unless otherwise herein
! D~=~rc=c The Seller agrees to sell, granz and convey
to the Purchaser, and the Purchaser agrees to purchase and accept
the conveyance of the following described real estaze situate in
the East Perm. sboro Tow~_.,ship Cumberland County, Pennsylvania,
described as follows:
provided at settlement of this transaction as scheduled and
provided hereinbe!ow.
3. SETTLEMENT. Final settlement of this transaction shall
be made at the Law Office of James D. Bogar, 1 West Main Snreet,
Shiremanstown, Pennsylvania, or any other mutually agreed upon
location, and shall be made on or before January 23, 2004, an
which time of settlement the Seller shall tender to the Purchaser
a properly drawn and executed deed cf special warranty, conveying
to the Purchaser a good and marketable title in fee simple, clear
of all liens and encumbrances, except easements or building and
use restrictions visible on the ground or of prior record, 5is!e
to be such as will be insured by a reputable title insurance
company in the central Pennsylvania geographical area without
exception cr reservation at regular rates. Should Seller be
unable to deliver such title, Purchaser shall have the opnicn of
either cancelling this Agreement of Sale for Real Estate and
receiving back any monies paid as a deposit or accepting such
title as Seller can give without offset, adjustment, or abatement
of the purchase price. Time is of the essence of this
of Sale for Real Estate.
4. TP~_NSFER TA~ES A~ APPORTiO.~rH_ENT OF REAL ESTATE T.LXES,
RENTS A/ND EXPENSES. Ail realty transfer taxes shall be paid
e.cfual!y by the Seller and Purchaser, with Purchaser paying one
percent (1%) and Seller paying one percent (1%). Current real
estate taxes, utility charges and any municipal service fees or
rents will be prorated at and to the date of settlement.
5. POSSESSION. Seller shall deliver possession of the said
premises to Purchaser at the ~ime of final settlement.
6. CONDITION OF PROPERTY AND RiSK OF LOSS. The Seller
agrees that the property shall remain in substantially its
present condition until date of seZtlemens, and if it is not, the
Purchaser may rescind this contract. Seller shall bear the risk
of loss from fire or other casua!~y un5i! 5ime of settlemenz.
7. DEFAULT. Should Purchaser default in performing this
Agreement, any sum or sums paid on accoun5 of the purchase price,
by way of dowr.-paymenU or otherwise, shall be retained by Seller,
as liquidated damages, whereupon this Agreement shall become null
and void.
Should Seller default in performing this AgreemenU,
Purchaser shall have t~= right of having ~
--~ ~s Agreement declared
null and void and, further, having any s.~ or sums paid on
accounZ of the purchase price, by way of down-payment or
o~herwise, returned in full or Purchaser.
8. CONTiNGENCiES. This Agreement of Sale for Real Estate
is subject to and contingent upon the occurrence or nonoccurrence
of the following events, as the case may be: NONE
9. SURVEY. If the Purchaser should determine the need for
a current survey of the ~ ~
- .~em, ses, the cost and expense thereof
shall be borne exc!usi~e!y by the Purchaser.
!0. STATUS OF SEWER .AND WATEr. The property is served by
public sewer and public water.
i!. ~JN'iCiPAL IMPROVEMENTS. Seller has no notice of
municipal improvements including, but not being limited to,
sidewalk and curbing.
12. ~ONING OR DEED RESTRiCTiON. Seller warrants than the
present use of the proDerty vio!a5es no exis~l=_g zoning ordinance
or regulation or deed restrictions. Furthermore, Seller has no
no5ice of any proposed zoning change or change in use or
restricSions.
13. .~NSPECT!ON/WAR~LNTy. It is understood that Purchaser
has inspected the above-referred to property and is not relying
upcn any representations made by Seller or by Seller's agent(s).
Seller agrees to sell and Purchaser agrees to purchase the above-
described property "as is", there being no warranties, either
expressed or im~!ied, as to the condition of the property.
Fur%hermore, Purchaser expressly represents that Purchaser has
had ample opportunity to inspec5 ~he above-referred to property
and to investigate and have answered by third parties any
questions Purchaser has regarding 5he property and the present
condition of same and that Purchaser has not, in entering into
this Agreement of Sale for Real Estate~ accepted or relied upon
any statements or representations made to Purchaser by Seller.
Purchaser acknowledges-that Seller, who is an Executor of an
esnate, is not obligated and, in fact, has not completed a
Seller's Property Disclosure Statement. This provision shall
s~_vlve settlement.
14. PERSONALTY. The following specifically enumerated items
of personalty or personal property are included in the within
sa~=: a washer, dryer, and -~
-~ - =~! window treatments.
15. BROKERS A_ND AGENTS. Seller and Purchaser both represent
~= they have dealt w~t~ no real estate
.... ~-oke. s or agents in
connection with this sale and tha~ no brokers or real estate
agent's commission is due any person on account of this sale.
Each party shall indemm, ify and hold harmless the other par~y from
the claim or demand of any broker or agen~ for any commission
which any such
~ ...... or agent may claim no be due him or her as
a resu!~ of this
16 _.UNDERSTA_~DiNG n~ TO ~== Gn~AGr It is understood and
agreed by and between Seller and Purchaser that Jay E. Gainor,
~-~c-v!cua!!y, will have the right to use the garage, for the
purpose of storing construction ma5eria!s and tools, for a period
of =~fteen (!5) years from the date of settlement as set forth
herein. Jay E. Ga!nor will not be obligated to pay rent to
Purchaser. Jay E. Gainor agrees to vacate the garage no later
than fifteen (15) years from the dane of settlement as set forth
herein, in addition, Jay E. Gainor agrees to obtain contents
insurance and liability insurance coverage in an amount or
amounts that are mutually agreeable by and between Jay E. Gainor
and the Purchaser herein, naming purchaser as additional in~ured.
Purchaser is not responsible for Jay E. Gainor's personal
property or other items placed on the property in _cfuestion. Jay
E. Gainor and the Purchaser agree, upon the re.cfuest of the other,
to enter into a lease reflecting these terms prior to or'at
settlement as set = ~
=o~~h herein.
For the performance of this Agreement and intending to be
legally bound hereby, the Parties bind themselves, their heirs,
personal representatives, successors and assigns, as witness
their hands and seals the day and year firsn above ~
- _ w~ _tten.
WITNESS:
Estate of Russell E. Gainor
JAY ~. ~-'kINOR~ individually
(SEAL)
of the
SEAL)
(SEAL)
~unacLi ~. O~incr ~:d Helm: j. G<~incr, .~l:
O~lZ ,~[D 00/i00
~n ~nd ~d Ihe rcc:q~ '~heteoF!~her~v ~c~owied~:d,. ......
C°un:7. P~r~yiv~la, bonded and deacrlbed a:: fo~ows:
~i:~?~2~;G a~ a pu!:~ om ~he w~erly ll== of ~ l~ foo~ a~-,, being ~he
3EZ:;G ~he ~outhern per,Aaa of Lo~a ~2 ~=ug!. ~j, Inclusive, om %he ~endcd
Ch~!es Fot~s, her husba:d, bM de~d dat~j Y~br'aa~ ~, iPT3 and ret:tried i= the
Z~b~rl~ud CecUM Cfflc~ of the Recorder of Deeds In Deed Book Z-~, ?n~e 1077,
~i~ i~ A CC~F;iT,~CZ fr=m hu~b~d and vI/e to hu~b~ud ~ud vile.
U:lOE~ A:;D 3UOJECT ~= all ,%c~= of Aa=emoi.f, C~u:.:,/ and Township o=dinanc~,
C:Jmlnv, wc:~ilh ul' ."C:lnSViv:ni,:; ~.JuIl:)' '.~[ :
On Ibis, thc ~a'/' ~' ~9 . ~c:'urc mc, :he undc:si~nc~ u~.~.
a :orp,?ralion, and :hat
Nolary i'ublic
A B. TYPE OF LOAN:
U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT t.[~FHA 2.[-~FmHA 3.~'ICONV. UNINS. 4.~-'~VA 5.~--]CONV. INS.
6. FILE NUMBER: J 7. LOAN NUMBER:
SETI'LEMENT STATEMENT 3669-1
I
8. MORTGAGE INS CASE NUMBER:
C. NOTE: This form is furnished to give you a statement of actual setllement costs. Amounts paid to and by the settlement agent are shown.
Items marked "[POCI" were paid outside the closing; they are shown here for informational puq~o$es and are not included in the Iotals.
D NAME AND ADDRESS OF BORROWER: E. NAME AND ADDRESS OF SELLER: F. NAME AND ADDRESS OF LENDER:
Karl A. Gobbel Waypoinl Bank
IO7 N. 2nd Slreel Eslale ut Russell E. Galnor P.O. Box 1711
Worm eysburg, PA t 7043 c./o Jay E. Gainor, Execulor Harrisburg, PA 17105- t 711
1008 Havenwood Court
Mechanicsburg, PA 17050
G. PROPERTY LOCATION: H. SETTLEMENT AGENT: 23-2048775 I. SETTLEMENT DATE:
230 Pennsylvania Avenue James D. Sugar Law Offices PA2 t 50
Weal Fai~view, PA 17025
Jam~.~ry 28, 2004
PLACE OF SETTLEMENT
One Weal Main SI.
Shiromanstown, PA 17011
J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION
:100. GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER:
101. Conlract Sales Price 40,000.00 401. Contract Sales Price 40,000.00
102. Personal Property 402. Personal Property
103, Seltlement Charges to Borrower (Line 1400) 1~620.75 403.
t04. 404.
105. 405.
Adjustments For Items Paid By Seller in advance Adjustments For Items Paid B~/ Seller in advance
t06. Counly/Twp Taxes to 406. Counly/'rwp Taxes Io
107. School Taxes 01/28/04 Io 07/01/04 388.50 407. School Taxes 01/28/04 Io 07/01/04 388.50
108. Assessments to 408. Assessments Io
109. Sewer 01/28/04 1o 04/01/04 67.52 409. Sewer 01/28/04 lo 04/01/04 67.52
1 t0. 410.
111. 411.
112. 412.
120. GROSS AMOUNT DUE FROM BORROWER 42,076.77 ! 420. GROSS AMOUNT DUE TO SELLER 40,45602
200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 50g. REDUCTIONS IN AMOUNT DUE TO SELLER:
20 I. Deposil or eamest money 1,000.00 501. Ex~e_~_~ De~n,~__~!! (See Instructions)
202. Principal Amount ol New Loan(s) 26r000.00 502. $elfiemen! Charges to Seller (Line 1400) 1,750.03
203. Exisling loan(s) laken subject Io 503. Exisfing loan(s) taken subject Io
204. 504. Payolf ol first Mortgage
205. 505. Payoff of second Modgage
~06' 506. Deposit or earnesl money
207.
208. 507. (Deposit dish. as proceeds)
209. 509.
Ac~'ustmenls For Items Unpaid By Seller Ad/uslmenta For Items Unpaid By Seller
210. Counly/1'wp Taxes 01/01/04 Io 01/28/04 17.01 510. County/'rwl3 Taxes 01/01/04 to 01/28/04 17.01
21 t. School Taxes lo 511. School Taxes to
212. Assessments to 512. Aasessrnents to
213. 513.
214. 514.
215. 515.
216. 516.
_217. 517.
218. 518.
219. 519.
220. TOTAL PAIO BY/FOR BORROWER 27,017.01 520. TOTAL REDUCTION AMOUNT DUE SELLER 1,767.04
, .300. CASH AT ~e.i ~ t. EMENT FROM/TO BORROWER: 600. CA~N AT S~ ~ ~ LEMENT TO/FROM -_~:; ~ FR:
301. Gross Amounl Due From Borrower (Erie 120) 42,076.77 601. Gross Amount Due To Seller (Line 420) 40,456.02
302. Less Amount Paid By/For Borrower ILine 220) ~( 27,017.01 602. Less Reductions Due Seller {Line 5201 ( 1,767.0a
303. CASH( X FROM)( TO)BORROWER 15,059.76 603. CASH( X TO)( FROM)SELLER 38,688.98
undersigned hereby acknowledge receipt of a completed copy of pages 1&2 of this stalement & any altachments referred to herein.
I HAVE CAREFULLY REVIEWED THE HUD-1 SE'FTLEMENT STATEMENT AND TO THE BEST OF MY KNOWLEDG AN
~ACCURATE STATEMENT OF ALL RECEIPTS AND DISBURSEMENTS MA~ ................... E O BELIEF, IT IS A TRUE AND
~.~C= ~Jl~l M~ RL~L~UUN/UH BY ME IN THIS TRANS TION. I FURTHER CERTIFY
THAT. H;oVrEroRwEerCEIVED A GOPY O*T~-IE HUQ..t SE'I-FLEMENT STATEMENT.
TO TH Ja ainor, Execulor
E BEST OF MY K~LEDGE~, ~tE HUD-1 SETI'LEMENT STATEMENT WHICH, HAVE PREPAR~ED~S A TRUE AND ACCURATE ACCOUNT OF THE
FUNDS WHICH WE~E~RE~EIVED/~J;~R_VE BEEN OR WILL BE DISBURSED BY THE UNDERSIGNED AS PART OF THE SETTLEMENT OF THIS
TRANSACTION.
~[a .r~'O~. Sugar La)~e'l~f~ices '
:)ellTement Agenl [
WARNING: IT IS A CRIME TO KNOWII~L~' MAKE FALSE STATEMENTS TO THE UNITED STATES ON THIS OR ANY SIMILAR FORM. PENALTIES UPON
CONVICTION CAN INCLUDE A FINE AND'~I~IIPRISONMENT. FOR DETAILS SEE; TITLE 18 U.B. CODE SECTION 1001 & SECTION 1010.
L. SETTLEMENT CHARGES
700. TOTAL COMMISSION Based on Price $
Division of Commission (line 700) as Follows: soRnowErrs
701. $ Io
703. Commission Paid al Setllemenl S~TTLI~M~NT SE~FLIEM~NT
~04. to
.8,00. ITEMS PAYABLE IN CONNECTION WITH LOAN
801. Loan Origination Fee 1,00OO % 1o Waypoinl Bank 260,00
802. Loan Dlscounl % to
803. Loan Documentalion Fee Io Waypoinl Bank 200.00
~(~4, Credit Report to
805. Flood Cerlificalion Fee Io Waypoinl Bank 20,0(~
806. Mortgage App. Fee Io
807. Assumplion Fee Io
808. Document Preparalion
809. Tax Service Fee
810. Courier Fee
811.
900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE
'90t. lnlereslFrom 01/28/04 Io 02/01/04 @ $ /day ( 4days %)
1000. RESERVES DEPOSITED WITH LENDER
100t. Hazard Insurance monlhs O $ per monlh
1002. Mortgage Insurance months {~ $ per monlh
1003. Counly/TwpTaxes monlhs ~ $ per monlh
1004. SchooITaxes monlhs ~ $ per month
1005. Assessmenls months {~ $ per monlh
1006. monlhs ~, $ per month
1007. monlhs O $ per monlh
t008. Af]~l. Escrow Ad~. months ~ $ per month
t 100. TITLE CHARGES
I t01. Seltlemenl or Closin~ Fee Io
1102. Abslracl or Title Search to
103. Tills Examinalion 1o
104. TiUe Insurance Binder to
105. Document Preparation lo
106. Notary Fees to B. Williams 4.00
107. Atlomey's Fees Io James D. Bogar Law Offices
__..____~includes above item numbers.1101; 1105
1108. Title Insurance io James D. B ar Law OIIIces )
~ 649.7.r
. (includes above ilea numbers.1103; 1104 - End.-100.300.8.1 ) -
1109. Lender's Coverage $ 26,000.00
1110. Owner's Coverage $ 40,000.00
1111. Tax Certificalion Fee to James D. Bogar Law Offices advanced cost 4.0(~
1112.
1113.
1200. GOVERNMENT RECORDING AND TRANSFER CHARGES
1201. Recording Fees: Deed $ 40.50; Morlgage $ 46.50; Releases $ 87.00
1 202. CJI /C~x/Slam s: Deed 400.0(~ MoH.,.._~.~q.~q~
~ 400.00
1203. Slale Tax/Slamps: Revenue Slamps 400.00; Mortgage 400.'-~-'-~ ~~'
1204. Assignmenl of Mortgage
,!205. Stipulalion vs. Liens Prolhonota~
1300. ADDITIONAL SETTLEMENT CHARGES
~ to
1302. Pesl Insj:)ecllon to
1303. Sewer/Trash ~ to East Pennsboro Township. 230 PA Avenue 96.00
1304. Sewer/Trash(past due balance) Io Easl Pennsboro Township. 230 PA Avenue __ 204.0'~
1305. Delinquent School Tax to Cumberland County Tax Claim Bureau ~ 1,045.9~
1400. TOTAL SETTLEMENT CHARGES (Enter on Lines 103, Section J and 502, Section K} 1,620.75 1,750.03
Cerlified 1o be a true copy
- . ~o'gar Law p~icss
Settlement Agent '~J
REV-1508 EX + (1-97)
SCHEDULE E
COMMONWEALTH OF PENNSYLVANIA CASH, BANK DEPOSITS, & MISC.
INHERITANCE TAX RETURN
RES,OENT DECEDE.T PERSONAL PROPERTY
ESTATE OF FILE NUMBER
Russell E. Gainor SS# 204-03-5095 05/29/2003 21-03-0496
Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with the right of
survivorship must be disclosed on Schedule F.
ITEM
NUMBER
DESCRIPTION
Prudential Securities Inc. Alliance Account No. KZE-316175-01
date of death balance $11,305.40, accrued interest $27.91
1987 Pontiac, VIN 1G2JB51K4H7504652 Sold at Private Sale
Contents of home and personal property - Sold at Private Sale
VALUE AT DATE
OF DEATH
11,333.31
200.00
450.00
TOTAL (Also enter on line 5, Recapitulation) $ 11,983.31
(If more space is needed, insert additional sheets of the same size)
Copyright (c) 1996 form software only CPSystems, Inc. Form REV-1508 EX (Rev. 1-97)
FOR THE PERIOD:
May I -May 31, 2003 ACCOUNT NUMBER:
KZE-316175~01
Alliance Balance $11,305.40 Ac, coun~ Servic~g Ird'mrrmllo~q:
Tolal Net Worfh
Avatlabfe For CheckwfJllng $1t,30fj. 40
Alliance I~deresl Paid Since Incepllon
Aliance lalerest Rate For Current 8talomefll
Ped~d'.
Your VRU ~coesm I~Jmber:
PAGE ! of 2
$11,333.31 Fei* a~counl balance and &cfivily informatlo~ 24 ho.m a day
$11.333.31
$11,333,31
397.38
3.00%
4351001115471
call Ihe Alliance Servioe Center al 1-877-ALLIANCE (255-4262).
RUSSELL E GAINOR
:230 PEN NSYLVANIA AVE
ENOLA PA 17025-3030
Que$1ioflo? Cell qJs at 1-877-ALLIANCE (1-877-255-4262).
(MRAfl 1998-A033468)
Interesl
Tolal Income
$27.9li
$27.~1
$97.38
Opening Nlbflce Balance
Income & DistribuUons In Cash
Funds Added
C~ckb~g
Miscellaneous
Cbslng Nlarice B~lance
$11.3D5.40
527.9t
$.00
· ,$.00
$11,333.31
$07.38
1,235.93
$
FOR THE PERIOD:
ACCOUNT
May 1 -May 31, 2003 RUgSELL E GAINOR KZE-316175.01
INCOME & DISTRIBUTION8
ALLIANCE INTEREST FOR THE PERIOD
04130-05/30
tIATE
05/30
Int~oel
PRICE/COM M ENT8 AhIOUflT DEBITED
PAGE 2of2
AMOUNT CREDO'ED
$27.91
A2AA 360
CERTIFICATE OF TITLE FOR A VEHICLE
RECONSTRUCTE0
0317 00~1000~589,.001~ ~ ~;i . ZECONSTRUCTE0
1G2J ~_qlK 4H750146;52 i i9817 PONTIAC
VEHICLE IOENTIFtCATION NUMBER y~ k~ C~ V~MiCL~
~OY ~PE I DUP S~T CAP PRIOR TITLE STATE ~M PR~D. OATE
OATE PA ~D DAT~ OF ISSUE ' UN~OEN wEIGHT GVWR
REGI~STEREO OWNER(S)
629 N HARKET
DUNG ANJ'~I2N PA
FIRST WEN FAVOR OF:
SECOND UEN FAVOR OF:
RECONSTRUCTED
RECONSTRUCTED
t 3906310750~ HA
TIRE NUMEER
08fl:6411 0
O~M. MILES ODD STA~
FIRST UEN RELEASED
8Y
MAIUN~ ADDRESS
AUTHORIZED REPRESENTATIVE
DALE M HAYES
629 N MARKET
OUHCANNON PA
ST APT 307
17020
SECON0 UEN RELEASED
Dy
0ATE
AUTHORIZED REPRESENTATIVE
official ,'eco~ M ~le P~n~ylvan~a 0e~l.ment
AIL_..
SUBSCRIBED N~lO SWORN
TO BEFORE ME:
Il a co-purchaser o~ner man your spouse is Eslecl and you w~
~ tis~ ~ 'Join[ Ten~m ~ ~g~t of S~nip' (On ~a~
~ner, .u/la g~s to su~ivi~ ~ner.) CHECK HERE Q. O~e,
~11 be ~ssu~ ~ "Tenants rn ~mmon' (On a~ o~ ~ owner,
{ ~e~ owner goes ~o ni~er ~ei~ or estate).
~ST LIENHOLDER
STREET
j FINANC;AL ~N~TITUTION NUMEER
2140 UEN DATE: ~ IF NO UEN. CHECk( []
2NO UENHOI.DER
STREET
CITY STATE Z~
REV- 1509 EX ~- (1-97)
SCHEDULE F
JOINTLY-OWNED PROPERTY
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Russell E. Gainor SS~; 204-03-5095 05/29/2003
If an asset was made joint within one year of the decedent's date of death, it must be reported on Schedule G.
FILE NUMBER
21-03-0496
SURVIVING JOINT TENANT(S) NAME
A. Jay E. Gainor
*Note: Helen J. Gainor
predeceased Decedent havin9
died on January 16, 2003.
ADDRESS
1008 Havenwood Court
Mechanicsburg, 17050
RELATIONSHIP TO DECEDENT
Son
JOINTLY-OWNED PROPERTY:
L~- i i ~-H DATE DESCRIPTION OF PROPERTY % OF DATE OF DEATH
ITEM =OR JOINT MADE Include name of financial institution and bank
account number or similar Identifying number. DATE OF DEATH DECD'S VALUE OF
NUMBER TENANT JOINT Attachdeed forJointly-heldrealestate. VALUE OF ASSET INTEREST DECEDENT'S INTERE$
1 A 10/01/78 PNC Bank, N.A. - Checking 1,169.71 50.00% 584.86
Account No. 5140022191,
date of death balance
$1,169.71
TOTAL (Also enter on line 6, Recapitulation) $ 584.86
(If more space Is needed insert additional sheets of the same size)
Copyright (c) 1996 form software only CPSystems, Inc. Form R£V-1509 EX (Rev. 1-97)
PNCBAN
August 14, 2003
Sarnes D. Bogar
One West Main Street
Sh/rernanstown, PA 17011
Estate of RttsselI E. Gainor, deceased
SSN: 204-03-5095
DOD: 5/29/2003
Dear Mr. Bogar:
In response to your request for Date of Death balances for the customer noted above, our
records show the following:
Checking Account
Account #5140022191
RUSSELL E GAINOR
HELEN I GAINOR
/AY E GAINOR
DOD balance: $1,169.71 (non-interest bearing)
Established 01/01/I 978
For Loan informatior~ please call 1-800-762-2265. (Account) RCA #4003048005411752
Please note that this office only provides date of death balances for deposit accounts
(IRAs, CDs, Checking and Savings accounts). We do not proems any financial
transactions or provide statements. If you need assistance with any of these items,
please call 1-888-PNC-BANK (I-888-762-2265) or ~top by your local PNC Bauk brauch
office.
Sincerely,
Rachelle Wells
1-800-762-I775
PT-PF$C-0a-F
50o fir~ Ave~
Pittsburgh PA 152 ~ 9
Member FDIC
TOTAL P.01
REV-1510 EX * (1-97)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Russell E. Gainor
SCHEDULE G
INTER-VIVOS TRANSFERS &
MISC. NON-PROBATE PROPERTY
204-03-5095 05/29/2003
FILENUMBER
21-03-0496
This schedule must be completed and filed if the answer to any of questions 1 through 4 on page 2 is yes.
DESCRIPTION OF PROPERTY % OF
ITEM INCLUDETHE NAME OF THE TRANSFEREE. THEIR DATE OF DEATH DECD'S EXCLUSION TAXABLE VALUE
RELATIONSHIP TO DECEDENT AND THE DATE OF TRANSFER.
NUMBER ATTACH A COPY OF THE DEED FOR REAL ESTATE. VALUE OF ASSET INTEREST (IF ~PLICABLE)
1 Waypoint Bank - Savings 3,600.05 3,000.00i 600.05
Account No. 8978002868,
date of death value
$3599.22, accrued interest
$0.83. *(AN EXEMPTION IN
THE AMOUNT OF $3,000.00 IS
CLAIMED IN ACCORDANCE WITH
THE PROVISIONS OF THE
INHERITANCE AND ESTATE TAX
ACT, BEING 72 P.S. SECTION
9108(c) AND 72 P.S. SECTION
9107(c)(3))
TOTAL(Alsoenteronline7, Recapitulafion) $ 600.05
(If more space is needed, insert additional sheets of the same raze)
Copyright (c) 1996 form software only CPSystems, Inc. Form R£V-I$10 EX (Rev. 1-97)
07/22/2003
[Wau
LOOK FOR US. WE'LL GET YOU THERE.
JAMES BOGAR
ONE WEST MAIN ST
SHIRESMANTOWN PA 17011
Account Number
Class of Account
Date Opened
Principal Balance
Accrued Interest
Balance at Date of
Death
The information which you requested on the account(s) of RUSSELL GAl-NOR
(Social Security Number 204-03-5095) is/are as follows:
8978002868
SAVINGS
01~I/03
3599.22
.83
3600.05
Account Ownership JTO
Name of Joint JAY GAINOR
Owner, if any
Date Ownership 01/21/03
Was Established
Account Number
Class of Account
Date Opened
Principal Balance
Accrued Interest
Balance at Date of
Death
Account Ownership
Name of Joint
Owner, if any
Date Ownership
Was Established
Additional
Information
Requested
S.,~.terely,
SENIOR SERVICES REP.
...... RO. Box 171 !. HARRISaURG. PENNSYLVANIA 1710r;-1711
REV- 1511 EX *(1-97)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Russell E. Gainor SS~
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
204-03-5095 05/29/2003
FILE NUMBER
21-03-0496
Debts of decedent must be reported on Schedule I.
ITEM
NUMBER
AD
1
2
3
ao
2°
3
4
5
6
DESCRIPTION
FUNERALEXPENSES:
Baughman Memorial Works - Monument
Pamela's Flowers Funeral Flowers
Pastor Gettins Eulogy
ADMINISTRATIVE COSTS:
Personal Representative's Commissions
Name of Personal Representative(s)
Social Security Number(s) / EIN Number of Personal Representative(s)
Street Address
City State
Zip
Year(s) Commission Paid:
Attorney's Fees James D. Bogar Esquire
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
Probate Fees
Accountant's Fees
Register of Wills
Tax Return Preparer's Fees
Other Administrative Costs
Aegis Insurance Company - Mobile Home Insurance
Alicia D. Stine, Tax Collector - Tax Certification for Sale
Real Estate
of
Ail Pro Rental - Truck Rental-Personal Property Removal
Boyd E. Diller - Trash Removal
Cumberland County Tax Claim Bureau - Real Estate School Taxes
East Pennsboro Township - Sewer/Trash Final Bill
Total of Continuation Schedule(s)
TOTAL (Also enter on line 9, Recapitulation)
(If more space is needed, insert additional sheets of the same size)
AMOUNT
1,554.60
210.04
100.00
4,812.50
146.00
120.50
4.00
106.00
149.50
1,045.99
300.04
1,860.97
$ 10,410.14
Copyright (c) 1996 form software only CPSystems, Inc. Form REV-1511 EX (Rev. 1-97)
Estate of: Russell E. Gainor
Soc Sec #: 204-03-5095
Date of Death: 05/29/2003
Continuation of Schedule H-B7
(Other Administrative Costs)
Item Description
Amount
7
8
9
10
11
12
13
Pa. American Water Company - Water Bill-Final
Pennsylvania Department of Transportation - Vehicle Title
Transfer
PP&L Electric Bill-Final
Recorder of Deeds Realty Transfer Tax
RESERVES: Costs to conclude administration of Estate including
filing fee for PA Inheritance Tax Return, Inventory and First &
Final Account; preparation of Personal and Fiduciary Income Tax
Returns
West Shore Oil Oil Bill-Final
Worley Motors - Vehicle Transfer
73.18
58.50
234.35
400.00
850.00
209.94
35.00
1,860.97
REV-151Z EX + (1-97)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Russell E. Gainor SS~;
SCHEDULE I
DEBTS OF DECEDENT,
MORTGAGE LIABILITIES, AND LIENS
204-03-5095 05/29/2003
FILE NUMBER
21-03-0496
Include unreimbursed medical expenses.
ITEM
NUMBER
1
DESCRIPTION
Holy Spirit Hospital Bill-Final
PNC Bank, N.A. Visa Payoff, Account No. 5490 9990 1845 4289
R. Lynn Magargle, M.D. - Bill-Final
TOTAL (Also enter on line 10, Recapitulation)
AMOUNT
18.66
782.24
123.56
924.46
(If more space is needed, insert additional sheets of the same size)
Copyright (c) 1996 form software only CPSystems, Inc. Form REV-1512 EX (Rev. 1-97)
REV- 1513 EX *(9-00)
SCHEDULE J
COMMONWE^LTH OF PENNSYLV^N~^ BENEFICIARIES
INHERITANCE T^X RETURN
RESIDENT DECEDENT
ESTATE OF
FILE NUMBER
Russell E. Gainor SS~/ 204-03-5095 05/29/2003 21-03-0496
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){l.Z)]
1 Donald R. Cainor Son One-Third
4145 Beardsley Drive (1/3) of Rest,
Montgomery, AL 36104 Residue and
Remainder
2 Helen J. Cainor Spouse Predeceased
Predeceased Decedent Decedent
3 Jay E. Gainor Son One-Third
1008 I~avenwood Court (1/3) of Rest,
Mechanicsburg, 17050 Residue and
Remainder
4 Ray A. Gainor Son One-Third
2918 Brookwood Street (1/3) of Rest,
I~arrisburg, PA 17111 Residue and
Remainder
ENTER DOLLAR AMTS. FOR DISTRIBUTIONS SHOWN ABOVE ON LN. 15 THRU 18, AS APPROPRIATE, ON REV 1500 COVER SHEET
II. NON-TAXABLE DISTRIBUTIONS:
A. SPOUSAL DISTRIBUTIONS UNDER SEC. 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
TOTAL OF PART II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV 1500 COVER SI-ti=Er $ 0.00
(If more space is needed, insert additional sheets of the same size)
Copyright (c) ZOO0 form software only The Lackner Group, Inc. Form REV-1513 EX {Rev. 9-00)
LAST WILL AND TESTA ViENT
OF
RUSSELL E. GAINOR
I, RUSSELL E. GAINOR, of East Pennsboro Township,
Cumberland County, Pennsylvania, make, publish and declare this
as and for my Last Will and Tes5ament k~_~£y revoking all other
Wills and Codicils heretofore made by me.
FIRST: I devise and bequeath all the rest, residue and
remainder of my estate of whatever nature and wherever situate,
l..clu~_..g any property over wnzcn I hold power cf appointment and
5cgether with any insurance policies thereon, unto my wlfe,
HELEN J. GA!NOR, provided she survives me by sixty (g0) days.
SECOND: Shcu!d my wife, HELEN J. GAINOR, predecease me
or die cn or before the sixty-first (g!s~ day following my
deauh, i devise and bequeath all the rest residue and remainder
~= mY es~aT= of ¼~ '
~ w~.=~ever nature and
- - .... =¥~- s~tuat=, including
-~y ~_~ue_~/ over whi~ I hold power of a~pointmenU and together
with any ~ ~ ~ ~
-~.su~=.~c~ policies thereon, in equal shares, to my
G .... , JAY E. GAINOR, DONALD R. GAINOR and P_AY A. GA!NOR,
p_cz_s .... should an,/ of my child~e., uredecease me, I give and
bequeath such child's share unto his issue per stirpes by
representation, and if there be a failure of same, then I give
and bequeath such deceased child's share To my surviving children
as provided herein.
THIRD: Should any of my grandchildren not have
attained the age of twenty-two (22) years at the time for distri-
bution to him or her, I give, devise and bequeath the share of
each such grandchild to my hereinafter named Trustee or Trustees,
IN SEPA2~ATE TRUSTS, to hold, manage, invest and reinvest the
shares so received, and to use and apply from time to time such
portion of income and principal for the said grandchild's post-
high school education (including college, trade school or other
similar training or education), as my Trustee or Trustees, in
their sole discretion, deem advisao_e.~ ] The Trustee or Trustees,
in exercising their discretionary authority with respect to the
payment of income or principal of the within Trust to my
grandchildren, shall take into consideration any income or other
resources available to my grandcki!dren from sources outside this
Trust.
Any income or principal not so applied shall be dis-
tributed to each grandchild when he cr she attains the age of
twenty-two (22) years. In the event any of my grandchildren die
prior to the termination of the Trust ~ ~
es~as!ished herein for
their benefit, the interest of my crandc~id in said Trust shall
cease with any income and~_n~~-~...~_==_ beinc_ divided evenly between
or among that deceased grandchild's brothers and sisters cr the
separate trusts established he ...... e_ Ecr their benefit and, in
the absence cf any brothers and sisters, to my other grandchi!-
~ shares.
FOL~TE: In addition tc all powers granted tc them by
law and by cnher ~~- ' ~
u~~vzs_ons of this Wzzz, I give the fiduciaries
actinc hereunder
t..e fc!!cwing powers, applicable to all proper-
ty, =~ ~=~] without
ex~~c~.=~_e court apprcva! axc effective until actual
c_s~rzbutzcn of all properny:
(A) To sell at ~' ~' _
pUD±lC cr Dr~' ~
_ -~=.e sa]e, or to lease,
for any period of time, any rea! cr persona! property and tc
options for sales, exchanges cr leases, for such prices and upon
such terms (~c!uding credit,
--- wz~,, or without security) or
conditions as are deemed pro~er This includes the power
legally sufficient instruments for transfer of the property and
to receive the proceeds of any disposition of it.
(B) To partition, subdivide, or improve real estate
and to enter into agreements concerning the partition, subdivi-
sion, improvement, zoning or management of real estate and
impose or extinguish restrictions on rea! estate.
(C) To compromise any claim or controversy and to
abandon any property which is of little or no value.
(D) To invest in all forms cf property, includinc
stocks, common trust funds and mortgage investment funds, without
restriction tc investments authorized for Pennsylvania fiduci-
aries, as are deemed proper, without regard to any principle cf
diversification, risk or productivity.
(E) To exercise any option, right or privilege granted
in insurance pc!icies or in other investments.
(F) To exercise any election cr privilege given by the
Federal and other tax laws, inc!udinc, but not ~= ~"!y
_ ne~ssa, l keinc
limited to, personal_ income, cift_ and estate or lnhe__~ance' ~ tax
laws.
(G> To make distributions to my herein named benefici-
arie= in ca=% or in kind or partly in
(H} To borrow m~n~3 ~rom ....... =~_~== o:.:=,~ ~* crder
to pay debts taxes or estate or t~'~=~ =s ~-~ .... ~
' ' ...... m-~=o~_a=_c~ expenses,
=~t or zmurcve any properUy held under my will, and for
investment purposes.
(r) To select a mode of payment
- u~.c~_ any qualified
retirement plan (~e.~sion plan, profi~ sharing plan, employee
stock
owne~=..z~ plan, or any other tl~e cf qualified plan) to the
exten~ the plan or the law permits them to dc sc, and to
ex~..__se
any other right= which they may have -'-~ '
- u~c=_ the plan, in whatever
manner they consider advisable.
FIFTH: I '
. nominate and appoint JAY E. GAINOR, as
Trustee of the hereinabove described trusts. In the event of the
death, resignation or inability to serve for any reason whatso-
ever of the said JAY E. GAINOR, I nominate and appoint, my
grandson, RYA~ M. GAINOR, as Trustee of the hereinabcve described
trusts. I direct that my Trustee or Trustees shall serve without
bond and shall receive fair and reasonable compensation.
SIXTH: I direct that all inheritance, estate,
transfer, succession and death taxes, of any kind whatsoever,
which may be payable by reason cf my death, whether or not with
respect to property passing under this Will, shall be paid out of
the principal of my residuary estate.
SEVENTH: Ail interests hereunder, whether principal or
income, which are undistributed and in the possession of the
fiduciaries acting hereunder, even though vested or distribut-
able
, s~===~ not be subject to attachment, execution cr se.c/uestra-
ticn for any debt, contract, obligation cr liability cf any
beneficiary, and furthermore, sna±_~ ~ not be subject to pledge,
assignment, conveyance cr anticipation.
~IGETK: I nominate and appoint my wife, HELEN J.
GAINCR, Executrix of this, my Lasm Will and TesUament. In the
event cf the death, resignation cr inability to serve for any
reason whatsoever cf the said HELEN j GAiNOR I
· , ncm,~=~e and
appoint JAY E. GAINOR, Executor cf this, my Last Will and Testa-
ment. I direct that my Executrix or Executor, Trustee or
Trustees, as the case may be, and their successors,=~=-~a~]__ not be
-~=~=~~=-~~ tc post security, or a bond for the performance c== their
duuies in any jurisdiction.
iN WITNESS WHEREOF, I have h=~=~o set my hand and
seal to this, my Last Will and Testament, this ~'~-~.~ day of
' ' 2002
RUSSELL E. GAINOR
Address
Address
Signed, sealed, published and declared by the above-
named Testator as and for his Last Will and Testament in our
presence, who, at his request, in his presence and in the
presence of each other, have hereunto subscribed cur names as
attesting witnesses.
- "~. // L~''- r'~z ~.,
'-- .-=-~-+~-.","~' /'. ~'~ /
"
· '": . : ~' , I' '-,:" "' I "
5
Register of Wills of
CUMBERLAND
INVENTORY
County, Pennsylvania
Estate of Russell E. Cainor
also known as
Jay E. Gainor,
, Deceased
No. 21-03-0496
Date of Death 05/29/2003
Social Security No. 204- 03 - 5095
Personal Representative(s) of the above Estate, deceased, verify that the items appearing in the following Inventory include all of the
personal assets wherever situate and all of the real estate in the Commonwealth of Pennsylvania of said Decedent, that the valuation
placed opposite each item of said Inventory represents its fair value as of the date of the Decedent's death, and that Decedent owned
no real estate outside of the Commonwealth of Pennsylvania except that which appears in a memorandum at the end of this
Inventory. I ANe verify that the statements made in this Inventory are true and correct. I/~Ve understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. Section 4904 relatin9 to unsworn falsification to authorities.
Name of
Attorney: Ja~es D. Bo~ar Esquire
I.D. No.: 19475
Personal Representa~
Signature:
Jay ~. G~inor
Signature:
Address: One West Main Street
Address: 1008 Havenwood Court
Shiremanstown, PA 17011
Mechanicsbur~, PA 17050
Telephone: 717/737- 8761
Telephone: 717/763- 9616
Dated:
Description
(See continuation page(s) attached)
(Attach additional sheets if necessary)
Total: 51,983.31
~IOTE: The Memorandum of real estate outside the Commonwealth of Pennsylvania may, at the election of the personal representative,
include the value of each item, but such figures should not be extended into the total of the Inventory.
Prepared by the Pennsylvania Bar Association
Copyright (c) 1996 form software only CPSystems, Inc. Form #Ri-7 (1992)
Estate of:
Date of Death:
County:
INVENTORY
Russell E. Gainor
05/29/2003
Cumberland
CASH:
Prudential Securities Inc. -
Alliance Account No.
KZE-316175-01, date of death
balance $11,305.40, accrued
interest $27.91
11,333.31
PERSONAL PROPERTY:
1987 Pontiac, VIN
1G2JB51K4H7504652 - Sold at
Private Sale
Contents of home and personal
property - Sold at Private
Sale
200.00
450.00
11,333.31
REAL ESTATE/PA:
Ail those certain two (2)
pieces or tracts of land
situate in East Pennsboro
Township, - (formerly the
Borough of West Fairview),
Cumberland County,
Pennsylvania, having placed
thereon a mobile home being
known and numbered as 230
Pennsylvania Avenue, West
Fairview, Pennsylvania. The
property was acquired by
Russell E. Gainor and Helen
J. Gainor, his wife, by Deed
dated May 23, 1969 and
recorded May 23, 1969 in the
40,000.00
650.00
-1-
Cumberland County Recorder
of Deeds Office and by Deed
dated November 13, 1987 and
recorded November 18, 1987
in the Cumberland County
Recorder of Deeds Office, a
copy of the said Deeds are
attached hereto and
incorporated herein. The
said Helen J. Gainor died
January 16, 2003, whereupon
full and complete title to
the above-described
properties became vested
solely in Russell E. Gainor,
the Decedent herein. The
above-described real estate
was sold pursuant to an
Agreement of Sale for Real
Estate dated December 29,
2003, a copy of which is
attached hereto and
incorporated herein. Final
settlement took place on
January 28, 2004. A copy of
the Deed conveying said real
estate, along with a copy of
the Settlement Sheet, are
attached hereto and
incorporated herein. The
sale price of the real
estate was $40,000.00.
40,000.00
TOTAL RECEIPTS OF PRINCIPAL ...............
51,983.31
-2-
BUREAU OF ZNDZVZDUAL TAXES
INHERITANCE TAX DIVISTON
DEPT. 280601
HARRISBURG, PA 17128-0601
JAMES D BOGAR ESQ
I W HAIN ST
SHIRENANSTOWN
COMHONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
NOTICE OF INHERITANCE TAX
APPRAZSEHENT, ALLOHANCE OR DZSALLO#ANCE
OF DEDUCTZONS AND ASSESSHENT OF TAX
Re ~,.'~:~_::, :. :-; ~ DATE 04-05-2004
RF?!~ ESTATE OF GAINOR
DATE OF DEATH 05-29-2005
FILE NUMDER 21 05-0496
~ :',-ii:~ i~_~!~ COUNTY CUMBERLAND
ACN 101
PA 1~7011
Amount Rem J.'l:'l:ed
RUSSELL E
HAKE CHECK PAYADLE AND REHZT PAYHENT TO:
REGISTER OF WILLS
CUNBERLAND CO COURT HOUSE
~Z.~2~ THZS LINE ~'* RETAZN LOW"" ......... C~RLISLE, PA 17015
~ ~u~uN FOR YOUR RECORDS
REV- zs~? ~-~p~--~i=~-~¥~E~p-~~k~_~A~_~~k~_~k~_~- .................
ESTATE OF GAINOR DZSALLO#ANCE OF DEDUCTIONS AND ASSESSHENT OF TAX
RUSSELL EFZLE NO. 21 05-0496 ACN 101 DATE 04-05-2004
TAX RETURN NAS: ( X} ACCEPTED AS F/LED ( ) CHANGED
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN DASED ON: ORIGINAL RETURN
Z. Real Estate (Schedule A)
2. Stocks and Bonds (Schedule B) (1)_ 40;000.00
(2) .00
$. Closely Held Stock/Partnership Znterest (Schedule C) ($) .00
~. Nortgagas/Notes Receivable (Schedule D)
(4) .00
5. Cash/Bank Doposits/Hisc. Persona/ Property (Schedule E) ($)_ 11 ;985 51
6. Jointly Owned Property (Schedule F} '
7. Transfers (Schedule G) (6). 584.86
8. Total Assets (7). 600.05
(8) 55,168.22
APPROVED DEDUCTIONS AND EXEMPTZONS:
9. Funeral Expensas/Adm. Costs/NJsc. Expanses (Schedule H) (9). 10,410.14
10. Debts/Hortgage LiabiZities/Limns (Schedule Z)
11. Total Deductions (10) 924.46
12. Net Value of Tax Return (11)
(12) 41,833.62
13. CharitabZa/Govarnmmntal Bequests; Non-elected 911~ Trusts (Schedule J) (13) .00
1~. Net Value of Esta*e Sub~mct to Tax
(Z~) 41,833.62
NOTE: Zf an assessment was issued previousZy, lines 14, 15 and/or 16, 17, 18 and 19 #ill
reflect figures that include the total of ALL returns assessed to date.
ASSESSMENT OF TAX:
15. Amount of L/ne lq a* Spouse1 rate
(15). .00 X O0 = .00
16. Amount of Line 1~ ~axabZa at LineaZ/Class A rata (16) 41,855.62 X 045 1,882 51
17. Amount of L/ne 1~ at SibZing rate = ·
(17) .00 X 12 = .00
18. Amount of Line 1~ taxable at CoZZatmraZ/C1ass B ra~e (18)_ .00 X 15
19. Principal Tax Due = .00
rAX ~REDZTS: (19)~ 1,882.5]
~ NU~ ~ ~-----~HOUNT PAZO
.0§
ZNTEREST AND PEN.
TOTAL DUE
NOTE: To insure proper
credit to your account,
submit the upper por~ion
of this fore w/th your
~ax Payment.
1,882.51
.00
.00
.00
ZF PATD AFTER DATE INDICATED, SEE REVERSE ( ZF TOTAL DUE ZS LESS THAN $1, NO PAYHENT ZS REQUIRED.
FOR CALCULATZON OF ADDITIONAL INTEREST. ZF TOTAL DUE ZS REFLECTED AS A 'CREDZT" (CR), YOU NAY BE DUE
A REFUND. SEE REVERSE SIDE OF THIS FORN FOR TNSTRUCTZONS.)
RESERYATIOR: Estates of decedents dying on or before December 1Z, [gSZ -- iF any futura interest in the estate is transferred
in possession er enjoyment to Class B (collateral) beneficiaries of the decadent after the expiration of any as[ate for
life or for years, the Coeeonaealth hereby expressly reserves the right to appraise and assess transfer Inheritance Taxes
at the lawful Class B (collateral) rate on any such future interest.
Tax Act, Act 23 of 2000. (?Z P.S.
PURPOSE OF
NOTICE: To RJlfill the requirements of Section ZlqO of the Inheritance and Estate
Section 91qO).
pAYNENT: Detach the top portion of this Notice and submit with your payment to the Register of #ills printed on the reverse side.
--Make check or money order payable to: REGISTER OF RILLS, AGENT
REFUND [CR): A refund of a tax credit, which was not requested on the Tax Return, may be requested by completing an -Application
for Re~und of Pennsylvania Inheritance and Estate Tax" [REV-1313)- Applications are available at the Office
of the Register of Rills, any of the 23 Revenue District Offices) or by calling the special Zq-hour
answering service for fores ordering: 1-800-36Z-ZOSO; services for taxpayers with special hearing and / er
speaking needs: 1-SO0-~q7-30ZO iTT only).
OBJECTIONS: Any party in interest not satisfied with the appraisement, allowance, or disallowance of deductions, or assessment
of tax (including discount or interest) as shown on this Notice must object within sixty [60) days of receipt of
this Notice bY:
--written protest to the PA Department of Revenue, Board of Appeals) Dept. Z&IOZI, Harrisburg, PA 17IZ&-IOZI, OR
--election to have the matter determined at audit of the account of the personal representative, OR
--appeal to the Orphans' Court.
ABMIN- to: PA Department of Revenue~
[STRAT[VE
CORRECTIONS: Factual errors discovered on this assessment should be addressed in writing
Bureau of Individual TaxeS, ATTN: Post Assessment Review Unit~ Dept. ZB060[, Harrisburg) PA 17128-060[
_ 5 of the booklet -instructions for Inheritance Tax Return for a Resident
Phone (717) 787 6505. See page __.:__ ~ administratively correctable errors.
Decadent" (REV-IS01) for an expland~.v., -f
If any tax due is paid within three (3) calendar months after the decedent's death, a five percent (SI) discount of
DISCOUNT: the tax paid is allowed.
PENALTY: The lex tax amnesty non-participation penalty is computed on the total of the tax and interest assessed, and not
paid before January 18, 1996, the first day after the end of the tax amnesty period. This non-participation
penalty is appealable in the same manner and in the the same time period as you would appeal the tax and interest
that has been assessed as indicated on this notice.
INTEREST: Interest is charged beginning with first day of delinquency~ or nine (9) months and one [1} day from the date of
death, to the date of payment. Taxes which became delinquent before January l, 198Z bear interest at the rate of
six (SI) percent par annum calculated at a daily rate of .00016q. All taxes which became delinquent on and after
January 1, 198Z will bear interest at a rate which will vary from calendar year to calendar year eith that rate
announced by the PA Department of Revenue. The applicable interest rates for 198Z through ZgOq are:
Interest Daily Interest Daily
Factor
Interest Daily Factor Year Rate
Year Rate Factor Year Rate
l~S3 lSZ .OOO~3S [99Z 9Z .O00Z~7 ZOOZ 6X .00016~
198q llZ .000301 1993-199~ 72 .O0019Z 2003 5Z .000137
rgB5 13Z .000356 199S-199B 9Z .0002q7 ZOO~ qX .gO0110
1986 lOX .O00Z7q 1999 7Z .O0019Z
19B? lOX .O0oz?* ZO0O ?X .Oool~Z
--Interest is calculated as folloes:
INTEREST = BALANCE OF TAX UNPAID X NUNBER OF DAYS DELINQUENT X DATLY INTEREST FACTOR
--Any Notice issued after the tax becomes delinquent will reflect an interest calculation to ~ifteen (15) days
beyond the date of the assessment. If payment is made after the interest computation date shoan on the
Notice, additional interest must be calculated.
STATUS REPORT UNDER RULE 6.12
Name of Decedent:
RUSSELL E. GAINOR
Date of Death:
5/29/03
Will No. 21-03-0496
Admin. No.
Pursuant to Rule 6.12 of the Supreme Court Orphans'
Court Rules, I report the following with respect to completion of
the administration of the above-captioned estate:
State whether administration of the estate is complete:
Yes x No
2. If the answer is No, state when the personal
representative reasonably believes that the administration will be
complete:
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 X
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 X 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:
S[gnatur~/-
James D. ~Bogar, Esquire
Name (Please type or print)
One West Main St.
~'...~ Shiremanstown, PA 17011
Address
~ c~ ~-'~ {717 ) 737-8761
Tel. No.
Capacity:
__Personal Representative
x
__Counsel for personal
representative
(MAH:rmf/AM3)