HomeMy WebLinkAbout11-20-08 (2) 15056051058
REV-1500 EX (06-05)
PA Department of Revenue OFFICIAL USE ONLY
Bureau of Individual Taxes
Po Box 2aosol County Code Year File Number
INHERITANCE TAX RETURN
_ Harrisburg, PA 17128-0601 RESIDENT DECEDENT 21 08 .0413
ENTER DECEDENT INFORMATION BELOW
Social Security Number Date of Death Date of Birth
1134-22-6791 03/11/2008 ' 05/16/1922
Decedent's Last Name Suffix Decedent's First Name
. MI
Nlyers Louise g
(If Applicable) Enter Surviving Spouse's Information B elow
Spouse's Last Name Suffix Spouse's First Name MI
Nlyers Gordon p
Spouse's Social Security Number
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
FfI.L IN APPROPRIATE OVALS BELOW
~~; 1. Original Return
REGISTER OF WILLS
2. Supplemental Return ~ 3. Remainder Return (date of death
prior to 12-13-82)
4. Limited Estate 4a. Future Interest Compromise (date of _,~;,~ 5. Federal Estate Tax Return Required
death after 12-12-82)
~:11' 6. Decedent Died Testate 7, Decedent Maintained a Living Trust ~ _ 8. Total Number of Safe Deposit Boxes
(Attach Copy of Will) (Attach Copy of Trust)
9. Litigation Proceeds Received r~~ m:ar 10. Spousal Poverty Credif (date of death i1. Election to tax under Sec. 9113(A)
between 12-31-91 and 1-1-95) (Attach Sch. O)
CORRESPONDENT - THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED T0:
Name Daytime Telephone Number
Patricia Armstrong Morgan (717) 418-150fi~ ±~-~a
~. 1. 5 • '!
Firm Name (If Applicable) ~ ` ' -`
- __- - ,
- REGISTER OF WtE~S USE Or~L~Y ~,
,. _ ,
~~ - , t
_
First line of address .;_ Ca t
34 Shellwind Drive ~ ..- ` '
~.
=,"~ ..
__ ..,
Second line of address -. „ ~
Y ~' tJ
.
~
_.
r'
City or Post Office State ZIP Code
DATE FILED ~
Savannah GA 31411
Correspondent's a-mail address:
Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief,
it is true, correct and complete. Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge.
SIGNATURE OF PEf;SON RE O SIBLE FO (LING R
ADORESS U ~
-~`a- L~~s~ St Su,rc Sr?d ?o $pY is-z,^d f-Ix~2~rsb+Jr ~A i~rvP
SIGNATURE OF PREPARER OTHER THAN REPRESENTATIVE DATE
P,DDRESS
PLEASE USE ORIGINAL FORM ONLY
Side 1
15056051058 15056051058
15056052059
REV-1500 EX
Decedent's Social Security Number
e m._ Decedent's Name: LOUISe B Myers
~~~. ___...,__ _ .._~ _ m ~.
_ 184-22-6791
.,.
~a e ~. _~_ _ m . ~___ ...m
RECAPITULATION ~._,m ___ ___ .
1. Real estate (Schedule A) ........................................... .. 1. 0.00
2. Stocks and Bonds (Schedule B) ..................................... .. 2. 1,064,683.22
3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) ... .. 3. 0.00
4. Mortgages ?£ Notes Receivable (Schedule D) ........................... .. 4. 0.00
5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) ...... .. 5. 3,584.69
6. Jointly Owned Property (Schedule F) Separate Billing Requested ..... .. 6. 6,270.50
7. Inter-~vos Transfers & Miscellaneous Non-Probate Property
(Schedule G) ~°"""° Separate Billing Requested...... .. 7. 0.00
8. Total Gross Assets (total Lines 1-7) .................................. .. 8. 1,074,538.30
9. Funeral Expenses & Administrative Costs (Schedule H) ................... .. 9. 47,599.96
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I} .............. .. 10. 9,690.10
11. Total Deductions (total Lines 9 & 10) ................................. .. 11. ' 57,290.06
12. Net Value of Estate (Line 8 minus Line 11} ............................ .. 12. 1,017,248.30
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which
an election to tax has not been made (Schedule J) ...................... .. 13.
14.
_~d Net Value Subject to Tax (Line 12 minus Line 13) ......................
ww_~ .. 14. 1,017,248.30
r_. ..~..~ _..~~ _ .m.._~ _.~.
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 .0 00 179,630.39 15. 0.00
16. Amount of Line 14 taxable -
at lineal rate X .0 45 837,618.00 16. 37,692.81
17. Amount of Line 14 taxable
at sibling rate X .12 17,
18. Amount of Line 14 taxable
at collateral rate X .15 1 g.
19. TAX DUE ....................................................... ..19. 37,692.81
20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
~~°
15056052059 Side 2
L 15056052059
REV-1500 EX F'age 3
Decedent's Complete Address:
File Number
21 08 '0413
DECEDENT'S IVAME DECEDENTS SOCIAL SECURITY NUMBER
Louise B Myers 184-22-6791
STREET ADDF;ESS
25 East Gate Drive
CITY STATE Zlp
Camp 1-'till PA 17011
Tax Payrnents and Credits:
1. Tax Due f,Page 2 Line 19) (1) 37,692.81
2. Credits/Payments
A, Spousal Poverty Credit
B. Prior Payments 40,000.00
C. Discount 2,105.27
Total Credits (A + B + C) (2) 42,105.27
3. Interest/F'enalty if applicable
D. Interest
E. Penali:y
Total Interest/Penalty (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) 4,412.46
5. 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. (5A)
8. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5B)
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 :......................................................................................... . ^
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.
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.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 zero (0) percent
[72 P.S. §9'116 (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.S. §9116(a)(1.2)j.
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.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 twelve (12) percent [72 P.S. §9116(a)(1.3)]. Asibling is defined, under
Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption.
REV-1503 EX+ (6-98)
SCHEDULE B
C01~1MONWEALTH OF PENNSYLVANIA STOCKS & BONDS
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Louise B. Myers 2008-0413
All property jointly-owned with right of survivorship must be disclosed on Schedule F.
(If more space is needed, insert additional sheets of the same size)
REV-150fi EX+ (6-98)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
ESTATE OF FILE NUMBER
Louise) B. Myers 2008-0413
Include the proceeds of litigation and the date the proceeds were received by the estate.
All property jointly-owned with right of survivorship must be disclosed on Schedule F.
(If more space is needed, insert additional sheets of the same size)
REV-1509 EX+ (6-98)
C
COIv1MONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE F
JOINTLY-OWNED PROPERTY
ESTATE OF FILE NUMBER
Louise 13. Myers 2008-0413
If an asset was made joint within one year of the decedent's date of death, it must be reported on Schedule G.
SURVIVING JOINT TENANT(S) NAME ADDRESS RELATIONSHIP TO DECEDENT
A. Suzainne M. Enders 407 Reservoir Road Daughter
Mechanicsburg, PA 17055
B.
C.
JOINTLY'-OWNED PROPERTY:
ITEM
NUMBER LETTER
FOR JOINT
TENANT DATE
MADE
JOINT DESCRIPTION OF PROPERTY
INCLUDE NAME OF FINANCIAL INSTITUTION AND BANK ACCOUNT NUMBER OR SIMILAR
IDENTIFYING NUMBER. ATTACH DEED FOR JOINTLY-HELD REAL ESTATE.
DATE OF DEATH
VALUE OF ASSET % OF
DECD'S
INTEREST DATE OF DEATH
VALUE OF
DECEDENT'S INTEREST
1. A. 11102/08 Wachovia Bank -Checking Account No. 3000043103932 12,540.99 50. 6,270.50
TOTAL (Also enter on line 6, Recapitulation) I $ 6,270.50
(If more space is needed, insert additional sheets of the same size)
COMMONWEi4LTH OF PENNSYLVANIA
DEPARTMEIVT OF REVENUE INFORMATION NOTICE
BUREAU OIF INDIVIDUAL TAXES AN D
DEPT. 280601 TAXPAYER RESPONSE
HARRISBURG, PA 17128-0601
REV-1543 E% 11FP C09-00)
FILE N0. 21 08-0413
ACN 08125483
DATE 06-04-2008
SUZANNE C ENDERS
X407 RESERVOIR RD
IMECHANICSBURG PA 17055
TYPE OF ACCOUNT
EST. OF LOUISE B MYERS ® SAVINGS
S.S. N0. 184-22-6791 ~ CHECKING
DATE OF DEATH 03-11-2008 ~ TRUST
COUNTY CUMBERLAND ~ CERTIF.
REMIT PAYMENT AND FORMS T0:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
WACHOVIRI BANK NA has provided the Department with the information listed below which has been used in
calculating the potential tax due. Their records indicate that at the death of the above decedent, you were a point owner/beneficiary of
this account. If you feel this information is incorrect, please obtain written correction from the financial institution, attach a copy
to this form and return it to the above address. This account is taxable in accordance with the Inheritance Tax Laws of the Commonwealth
of Pennsy:Lvania. Questions may be answered by calling C717) 787-8327.
COMPLETE PART 1 BELOW * * * SEE REVERSE SIDE FOR FILING AND PAYMENT INSTRUCTIONS
TOTAL (Enter on Lane 5 of iax Gomputaiaon~ s
Under penalties of perjury, I declare that the facts I have reported above are true, correct and
cortiplete to the best of my knowledge and belief. HOME C ~
WORK C ~
r.vn~vrn orruwTnoc TFI FPNCINF Nl1MBER DATE
EV-151'1 EX+ (12-99)
SCHEDULE H
FUNERAL EXPENSES &
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN ADMINISTRATIVE COSTS
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Louise B. Myers 2008-0413
Debts of decedent must be reported on Schedule I.
ITEM
NUMBER DESCRIPTION AMOUNT
A. FUNERAL EXPENSES:
1' Faith United Church of Christ (Mu sic, food, pastor, etc) 1, 000.00
2. Old Town Florist 207.76
3. Auer Memorial Home and Cremation Services Inc. 472.60
a, Rolling Green Cemetary 4,255.00
B. ADMINISTRATIVE COSTS:
1. Personal Representative's Commissions
16, 000.00
Name of Personal Representative(s) Patricia Armstrong Morgan
Social Security Number(s)/EIN Number of Personal Representative(s)
street Address 34 Shellwind Drive
c;ry Savannah state GA Z;p 31411
Year(s) Commission Paid: 2009
2. Attorney Fees 20,000.00
(Husband moved after
3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation)wife's death) 3,500.00
claimant Gordon D. Myers
street Address 5225 Wilson Lane, Apt. 2102
city Mechanicsburg State PA .Zip 17055
Relationship of Claimant to Decedent Husband
4. Probate Fees 610.00
5. Accountant's Fees 1,000.00
6. Tax Return Preparer's Fees
7. Harrisburg Patriot News- obituary 554.60
B.
TOTAL (Also enter on line 9, Recapitulation) I $ 47,599.96
(If more space is needed, insert additional sheets of the same size)
REV-1512 E:X+ (12-03)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE 1
DEBTS OF DECEDENT,
MORTGAGE LIABILITIES, & LIENS
ESTATE OF FILE NUMBER
Louise B. Myers 2008-0413
Report debts incurred by the decedent prior to death which remained unpaid as of the date of death, including unreimbursed medical expenses.
(If more space is needed, insert additional sheets of the same size)
REV-1513 EX+ (g-00)
SCHEDULE J
COMMONWEALTH OF PENNSYLVANIA BENEFICIARIES
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Louise B. Myers 2008-0413
RELATIONSHIP TO DECEDENT AMOUNT OR SHARE
NUMBS.R NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE
t TAXABLE DISTRIBUTIONS (include outright spousal distributions, and transfers under
Sec. 9116 (a) (1.2)J
1 ~ Spousal life estate interest .17768 x $1,010,977.80 Spouse $179,630.39
2. ChildreniGrandchildren Remainder Interest In Trust .82232 X $1,010,977.80 Children/Grandchildren $831,346.60
3. Joint Property With Daughter Daughter $6,270.50
ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THRO UGH 18, AS APPROPRIATE, ON RE V-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 II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET ~ $
(If more space is needed, insert additional sheets of the same size)
FACTORS FOR A LIFE OR LIVES
Interest Rate: 3.6
Age: 86
Payment Frequency: Annual
Life Estate Factor: 0.17768
Remainder Factor: 0.82232
Annuity Factor: 4.9356
Adjustment Factor: 1.0000
Adjusted Annuity: 4.9356
REV-16-49 EX+ (6-98)
COMMONWEALTH OF PENNSYLVANfA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE O
ELECTION UNDER SEC.9113(A)
(SPOUSAL DISTRIBUTIONS)
ESTATIE OF FILE NUMBER
Louise B. Myers 2008-0413
Do not complete this schedule unless the estate is making the election to tax assets under Section 9113(A) of the Inheritance & Estate Tax Act.
If the election applies to more than one trust or similar arrangement, a separate form must be filed for each trust.
This election applies to the _ I nuisP B Mare TPCtamanfary Tnist ~ inrlar tnru ~~+ori rlrtnhPr ~1 7006 Trust (marital, residual A, B, By-pass, Unified Credit, etc.).
If a trust or similar arrangement meets the requirements of Section 9113(A), and:
a. The trust or similar arrangement is listed on Schedule 0, and
b. The value of the trust or similar arrangement is entered in whole or in part as an asset on Schedule 0,
then the transferor's personal representative may specifically identify the trust (all or a fractional portion or percentage) to be included in the election to have such trust or sim-
ilar property treated as a taxable transfer in this estate. If less than the entire value of the trust or similar property is included as a taxable transfer on Schedule 0, the personal
representative shall be considered to have made the election only as to a fraction of the trust or similar arrangement. The numerator of this fraction is equal to the amount of
the trust or similar arrangement included as a taxable asset on Schedule 0. The denominator is equal to the total value of the trust or similar arrangement.
Part A: Enter the description and value of all interests, both taxable and non-taxable, regardless of location, which pass to the decedent's
surviving spouse under a Section 9113(A) trust or similar arrangement.
Description Value
All of t'he assets listed in Schedules B & E go into the Louise B. Myers Testamentary Trust under
Will dated October 31, 2006 after payment of all costs, including those set forth in Schedules H and
I.
Part A Total ~ $
1,010,977.80
1,010,977.80
Part e~ Enter the descriotion and value of all interests included in Part A for which the Section 9113(A} election to tax is being made.
(If more space is needed, msen aaainonai sneers or me same sice~
1
N
n O
O
r
J
~'
'- J
T ~ - J
J,j ;~
LAST WILL AND TESTAMENT `~'`=~'
""i C ~ T7 ~ , '
O F
_'-'~ ~ _
7i
_ i-~7
~
LOUISE B
MYERS ~ - ~ ~_
. ~,
cst
I, LOUISE B. MYERS, of 25 East Gate Drive, Hampden Township, Cumberland
County, Pennsylvania, do make, publish and declare this to be my Last Will and
Testament, hereby revoking all Wills and Codicils by me at any time made.
ITEM I. I direct that all inheritance and estate taxes becoming due by reason
of my death, whether such taxes may be payable by my estate or by any recipient of any
property, shall be paid by the Executor out of the property passing under ITEM IV of this
Will, as an expense and cost of administration of my estate. The Executor shall have no
duty or obligation to obtain reimbursement for any such tax so paid, even though on
proceeds of insurance or other property not passing under this Will. My executor shall not
use Retirement Assets to pay debts, expenses or taxes. Retirement Assets being assets
held in a qualified retirement plan or account, individual retirement account, deferred
compensation plan under Section 457 of the Internal Revenue Code (Code), Annuity
Contract under Section 403(b) of the Code, custodial account or any other type of plan or
account subject to the minimum distribution rules of Section 401(x)(9) of the Code, or
:similar provision of the Code, either directly or by reference thereto.
October 31, 2006
t
L.B.M.
..
F
ITEM Il. I direct the Executor to pay the reasonable expenses of my last illness
and funeral expenses from the property passing under this Will as an expense and cost
of administration of my estate, as my Executor shall so determine.
ITEM III. Except as I may have provided in a Memorandum signed by me and
kept with my Will, I give and bequeath to my h usband, GORDAN D. MYERS, if he survives
me, absolutely and in fee simple all of my household furniture and furnishings, books,
pictures, jewelry, silverware, automobiles, wearing apparel and all other articles of
household or personal use or adornment and all policies of insurance thereon. If I do not
predecease my said husband, I make said bequest to my children living at the time of my
death, to be divided among them as they shall agree, the Executor to represent any minors
in such division. Should there be no agreement, such property shall be divided among
them by the Executor in as nearly equal portions as is deemed practical in the sole
discretion of the Executor, having due regard to the personal preferences of such children.
ITEM IV. I give, devise and bequeath all the rest, residue and remainder of my
estate, not disposed of in the preceding portions of this Will, IN TRUST NEVERTHELESS,
to be further divided into two parts (and subpa its as indicated), each of which shall be held
in trust and constitute a separate Trust Fund to be known as "Trust A" and "Trust B".
"Trust A": There shall be placed in "Trust A" that fraction of my
residuary estate of which the numerator shall be a sum equal to the largest
October 31, 2006 -2- ~ ~ ,~1, ,
L.B.M.
amount that can pass free of Federal estate tax under my Will by reason of
the unified credit and the state death tax credit (provided that the use of this
credit does not require an increase in state death taxes) allowable to my
estate, but no other credit, and after taking account of dispositions under
other items of this Will and property passing outside of this Will which do not
qualify for the marital or charitable deduction, and after taking account of
charges to principal that are not allowed as deductions in computing my
Federal estate tax, and of which the denominator shall be the value of my
residuary estate. For purposes of establishing such fraction, the values
finally fixed in the Federal estate tax proceeding relating to my estate shall
be used. 1 recognize that the numerator of such fraction may be zero (0), in
which case no property shall pass under "Trust A" and that said numerator
may be affected by the action of the Executor in exercising certain tax
elections.
"Trust B": The balance of my residuary estate not placed in "Trust
A" shall be placed into "Trust B" to be held, administered and distributed in
accordance with ITEM VI of this Will.
ITEM V.
October 31, 2006
The following provisions shall apply to "Trust A":
-3- ~ ~~ %~
L.B.M.
Y
, ~,
(a) During the lifetime of my husband, CORDON D. MYERS, the
Trustee shall pay to or for the benefit of my said husband all of the income
of this Trust and so much of the princi pal of this Trust as maybe necessary,
in the sole discretion of the Trustee, for the proper support, maintenance,
and medical care of my said husband.
(b) Upon the death of my said husband, my Trustee shall divide
the then principal and any accretions thereto and any accumulations of
income into four (4) equal parts, one of said parts to be held in Trust and
administered and distributed as hereinafter provided for the benefit of my
grandchildren, STEPHANIE N. MYERS, LEIGH ANN M. ENDERS and
APRIL ENDERS ("Grandchildren's Trust); one of said parts to be set apart
for my son, CORDON D. MYERS II, as hereinafter provided, one of said
parts to be held in Trust for the benefit of my son, STEPHEN C. MYERS,
and one of said parts to be held in Trust for the benefit of my daughter,
SUZANNE ENDERS, and to be administered and distributed as hereinafter
provided. To the extent required by law monies may need to be held
separately or in separate companion Trusts or as my Trustee may so direct.
The provisions herein shall apply to all of said Trusts to the extent provided
October 31, 2006 -4- '~ l~ )~'1
r
L.B.M.
by applicable law with full discretion given to my Trustee to establish and
administer said Trusts under the law.
(c) The following provisions shall apply to the share set apart for
the benefit of my grandchildren, STEPHANIE N. MYERS, LEIGH ANN M.
ENDERS and APRIL ENDERS under the Grandchildren's Trust (each a
"Beneficiary" and collectively "Beneficiaries"):
(i) The Trustee shall quarterly pay over all of the
income and so much of the principal as the Trustee, in its sole
discretion, deems properforthe proper support, maintenance,
welfare, medical care and education to or among the
Beneficiaries living at the time of each quarterly distribution as
hereinafter provided.
In determining the amount of net income, if any, to be
distributed to any Beneficiary hereunder, Trustee is authorized
to make distributions in such proportions as Trustee shall
deem advisable, in the absolute discretion of Trustee,
regardless of whether such distribution shall be equal to any
other distribution for the medical care of any of said
C-ctober 31, 2006 -5- rte' ~~ ~~~1
L.B.M.
earlier if deemed appropriate by the Trustee, the Trustee sha11
divide the principal of the Trust into as many equal shares as
there are then living Beneficiaries and then deceased
Beneficiaries represented by then living issue. One share shall
be held in Trust for each of the then living Beneficiaries and
one share shall be paid to the then living issue of each such
deceased Beneficiary, per stirpes as hereinafter provided:
(1) The Trustee shall hold such share as a separate
trust fund for the benefit of such beneficiary and shall pay to
him or her all of the net income therefrom not less frequently
than quarterly, for the lifetime of such child or until such trust
is terminated as herein provided.
(2) At the time such child completes his/her course
of study and receives apost-high school degree, he or she
shall receive one-half ('/z) of the then principal of the separate
trust fund set apart and held for his or her benefit. For
purposes ofthe distribution calculations herein, any Retirement
Assets shall be excluded. When such child attains the age of
thirty (30) years, he or she shall receive the balance of the
October 31, 2006 -7- ;~- ~ ~~~
L.B.M.
principal then set apart and held for his or her benefit. If such
beneficiary does not receive apost-high school degree he/she
shall not receive the principal of the Trust until he/she attains
the age of thirty (30) years. Any Retirement Assets shat{ be
"distributed" upon the beneficiary attaining age thirty, except as
may be required by law to be distributed earlier and may
thereafter continue to be held in accordance with applicable
law or withdrawn at the Beneficiaries' discretion in accordance
with applicable law.
(3) In the event of the death of any Beneficiary for
whom a separate trust fund has been set apart prior to the final
distribution, the then principal of such separate trust and any
accrued income thereof shall be paid to the issue of such
Beneficiary living at his or her death, per stirpes.
In the event that any of the Beneficiaries die, that
portion of the principal which would have been set apart as a
separate trust for such Beneficiary under this ITEM V (c} shall
be paid over the issue of such Beneficiary living at his or her
death, per stirpes.
October 31, 2006 -8- ~ ~7 ~~~
L.B.M.
If any Beneficiary dies without issue, the principal of his
or her separate trust, or that portion of the principal which
would have been set apart as a separate trust for such
Beneficiary under ITEM V (c) above shall be distributed equally
among the other Trusts established under ITEM V (b).
(d) If my son, GORDON D. MYERS, II, survives the survivor of my
husband and myself, the share set apart for him shall be distributed to him
outright and in fee simple. Should such son not survive the survivor of my
husband and me, but be survived by his wife, LINDA MYERS, and have
been married to her at the time of his death, the Trustee shall pay one-half
('/2) of my son, GORDON D. MYERS, I I's share to said LINDA MYERS, and
the balance of such share shall be distributed equally among the other Trusts
established under ITEM V (b). If neither GORDON D. MYERS, II or LINDA
MYERS survive the survivor of my husband and myself then their share shall
be distributed equally among the other Trusts established under ITEM V (b}.
(e) The following provisions shall apply to the shares set aside for
my son, STEPHEN C. MYERS, and my daughter, SUZANNE ENDERS:
(i) The Trustee shall pay to orforthe benefit of such
child all of the income and so much of the principal of said
Gctober 31, 2006 -9- `'~~ t~ ~`1'~
L.B.M.
Trust as, in the discretion of the Trustee, maybe necessary to
maintain such child in the proper station in life, including proper
support, maintenance and medical care. For purposes of this
subsection (e) only the required minimum distributions from
any Retirement Assets shall be distributed until four (4) years
following my death unless required for the beneficiary's proper
support, maintenance and medical care or at the discretion of
my Trustee. After four years any Retirement Assets may.
thereafter be held in accordance with applicable law or
withdrawn at the beneficiary's discretion in accordance with
applicable law.
(ii) The principal of the Trust shall otherwise be
distributed to such child upon the following schedule:
One-fourth (1/4)ofthethen principal upon
establishment of the Trust;
One-third (1/3) of the then principal one
(1) yearfrom such date;
One-half (~/Z) of the then principal two (2)
years from such date:
October 31, 2006 -1 O- ~- ~ ~'~'' i
L.B.M.
and the balance ofthethen principal three
(3) years from such date.
(iii) Should such child die before final
distribution of the assets of said Trust, but be
survived by then living issue who are designated
as beneficiaries or who are issue of designated
beneficiaries under the Trust established in
subparagraph (c), the Trustee shall pay the
balance of said Trust to such issue per stirpes;
provided, however, that if there are then
established for such issue Trusts under
subparagraph (c), the share which would have
been paid to such issue shall be added to the
principal of the Trust established for the benefit
of that issue. If such child should die and leave
no issue their share shall be distributed equally
among the other Trusts established under ITEM
V (b).
ITEM VI. The following provisions shall apply to "Trust B":
7
C>ctober 31, 2006 -11- ~ ~ ;)~ 1
L.B.M.
(a) Trustee shall have, hold, manage, invest and reinvest the
assets of this Trust, collect the income and beginning at my death pay over
the net income in quarterly installments to my husband GORDON D.
MYERS, during his lifetime. The Trustee shall also, from time to time, pay
to my husband such amounts of principal of this Trust as the Trustee deems
necessary for the proper support, maintenance and medical care of my
husband.
(b} Upon the death of my husband, the Trustee shall pay all
accrued income and all income accumulated but undistributed to the estate
of my deceased wife and shall thereafter transfer the then remaining
principal of this Trust to "Trust A" to be held, administered and distributed in
accordance with the provisions of iTE M V of this iNill.
(c) If my husband should not survive me, then the provisions of
"Trust B" shall be void and the part of my estate which would have
constituted "Trust B" shall be added to "Trust A" to be disposed of in
accordance with ITEM V of this Will.
(d} The Executor shall be authorized in the Executor's sole,
exclusive and unrestricted discretion to determine whether to e{ect (under
Section 2056(b)(7) of the Internal Revenue Code of 1986 as amended, or
~' n
October 31, 2006 -12- ~~' ~-
L.B.M.
any corresponding provision of the Federal estate law), to qualify all, none
or a fraction of "Trust B" for the Federal estate tax marital deduction. The
decision of the Executor with respect to the exercise of the election shall be
final and conclusive upon all persons whose interests in my estate are
directly or indirectly affected by the election. Only property which is fully
eligible for the marital deduction under Federal estate tax law shall be
assigned to this Trust. Notwithstanding the provisions of subparagraph (b)
of this Item, the Trustee shall pay to the Executor of my husband's estate,
out of the principal of this Trust upon the death of my husband an amount
equal to the estate, inheritance, transfer, succession and other death taxes
("death taxes"), Federal, state and other, payable by reason of the inclusion
of the value of Trust property in my husband's estate. Such payment shall
be equal to the amount by which (1) the total of such death taxes paid by my
husband's estate exceeds (2) the total of such death taxes which would have
been payable if the value of the Trust property had not been included in his
state. The determination by my husband's Executor of the amount payable
hereunder shall be final. I direct the Trustee to pay such amount promptly
upon written request of my husband's Executor. The final determination of
the amount due hereunder shall be based upon the value as finally
October 31, 2006 -13- ~ ~~ X1'1
L.B.M.
determined for Federal estate tax purposes in my husband's estate. After
payment of the amount finally determined to be due hereunder, the Trustee
shall be discharged from any further liability with respect to such payment.
My husband may waive his estate's right to payment under this
subparagraph by Will, executed after my death, in which he specifically
refers to the right to payment hereunder given to his estate.
ITEM VII. The Executor shall be authorized in his sole and unrestricted discretion
to determine whether to elect (under Section 2652(a)(3) of the Internal Revenue Code of
1986 or any successor provision) to treat all or any portion of amount of Trust B as not
subject to the election provided for by Section 2506(b)(7) of the Internal Revenue Code for
purposes ofthe exemption from the Generation Skipping Transfer Tax (GST Tax) provided
for in Sections 2631 and 2632 of the Internal Revenue Code or any successor provision.
If the Executor makes the special election provided in Section 2652(a)(3) of the Internal
Revenue Code with respect less than the amount of the Trust, the Trustee shall divide
l-rust B into two trusts so that the unelected trust (to be known as the non-exempt trust)
is to have an exclusion ratio of one for purposes of the GST Tax and the elected trust (to
be known as the exempt trust) is to have an exclusion ratio of zero.
1n the event that any trust created hereunder is divided into two separate trusts so
that one is exempt from the GST Tax and the other is not, the Trustee is authorized to act
October 31, 2006 -14- ~ {~~~~ ~'~
L.B.M.
as follows: (1) no payment of principal is to be made from the exempt trust until the
principal of the non-exempt trust has been exhausted; (2} the expenses of trust
administration maybe paid first from the income of the trusts and then, if it is necessary,
from the principal of the non-exempt trust; and (3) any sum paid from principal of Trust B
to cover the estate taxes payable at my husband's death and attributable to the principal
and undistributed income of the Trust B shall be paid first from the non-exempt Marital
Trust and then from the exempt Marital Trust.
ITEM VIII. After my death, no beneficial interest under a trust created herein,
whether income or principal, shall be subject to anticipation, assignment, pledge, sale or
transfer in any manner, nor shall any beneficiary have the power to anticipate, encumber,
or charge such interest, nor shall such interest, while in the possession of the Trustee, be
liable for or subject to the debts, contract obligations, liabilities or torts of any beneficiary,
including those. claims of any beneficiary's spouse or former spouse against such
beneficiary. In the event of the execution of any special assignments, or the issuance or
levy of any attachment, garnishments, executions, orders of receivership, or other
sequestration or process, or attempt at sequestration or process, then all rights of the
beneficiary of such beneficial interest created herein attempted to be reached shall
immediately case and be suspended; subject, however, to being reinstated upon the
withdrawal of such attempt. However, during the such suspension, the Trustee shalt have
October 31, 2006 -15- ~ ~~ ~~~~
L.B.M.
the right to expend from the assets of such parts of the net income or corpus, or both as
in her discretion may be necessary or advisable to provide the support, health,
maintenance, education, and proper needs of the beneficiarywhose rights hereunder have
been so suspended, but during the suspension, such funds shall not be paid directly to
said beneficiary. Further, nothing herein shall be interpreted contrary to the provisions of
Section 2056 of the Internal Revenue Code of 1986, as amended, which sets forth the
requirements for the marital bequest deduction.
ITEM IX. Each trust created hereu nder shall in any event terminate twenty-one
(21) years after the last survivor of such of the beneficiaries thereunder as shall be living
at the time of my death, and thereupon, the property held in the trust shall be distributed
discharged of trust to the persons then entitled to the income and in proportion to which
they are entitled to the income.
ITEM X. In the settlement of my estate and during the continuance of the
foregoing Trusts, the Executor and the Trustee shall possess, among others, the following
powers:
(a) To retain any investments I may have at my death, including
specifically those consisting of stock of any bank even if I have named such
bank as the Executor or Trustee herein, so long as the Executor or Trustee
may deem it advisable to my estate so to do.
October 31, 2006 -16- ~ 5;=~ ~~~
L.B.M.
(b) To vary investments, when deemed desirable by the Executor
or Trustee, and to invest in such bonds, stocks, notes, real estate mortgages
or other securities or in such other property, real or personal, as they shall
deem wise, without being restricted to so-called "legal investments", and
without being limited by any statute or rule of law regarding investments by
fiduciaries.
(c) In order to effect a division of the principal of a Trust or for any
other purpose, including any final distribution of a Trust, the Executor or
Trustee is authorized to make said divisions or distributions of the personalty
and realty, partly or wholly in kind, and to allocate specific assets among
beneficiaries and Trusts created hereu nder so long as the total market va{ue
of any share is not affected by such division, distribution or allocation in kind.
Should it appear desirable to partition any real estate, the Executor or
Trustee is authorized to make, join in and consummate partitions or lands,
voluntarily or involuntarily, including giving of mutual deeds, recognizances
or other obligations, with as wide powers as an individual owner in fee
simple.
(d) To sell either at public or private sale and upon such terms and
conditions as the Executor or Trustee may deem advantageous to the estate
1
October 31, 2446 -17- ~ ~~ ~~~~
L.B.M.
or Trust, any or all real or persona{ estate or interest therein owned by the
estate or Trust severally or in conjunction with other persons or acquired
after my death by the Executor or Trustee, and to consummate said sale or
sales by sufficient deeds or other instruments to the purchaser or
purchasers, conveying a fee simple title, free and clear of all trust and
without obligation or liability of the purchaser or purchasers to see to the
application of the purchase money or to make inquiry into the validity of said
sale or sales; also, to make, execute, acknowledge and deliver any and all
deeds, assignments, options or other writings which may be necessary or
desirable in carrying out any of the powers conferred upon the Executor or
Trustee in this paragraph or elsewhere in my Will.
(e) To mortgage real estate, and to make leases of real estate.
(f) To borrow money from any party, including the Executor or
Trustee, to pay indebtedness of mine or of my estate, expenses of
administration or inheritance, legacy, estate and other taxes, and to assign
and pledge assets of my estate therefor. Provided, however, that this
paragraph shall not authorize borrowing from "Trust B" or any borrowing
which would violate the code relative to Retirement Assets.
October 31, 2006 -18- ~ ~~< ~~~ 1
L.B.M.
(g) To pay all costs, taxes, expenses and charges in connection
with the administration of my estate or a Trust. If any estate or inheritance
taxes are payable from assets received by the Trustee, such taxes shall be
paid from the assets constituting "Trust A", except such taxes shall not be
paid out of Retirement Assets.
(h) To make distributions of income and of principal to the proper
beneficiaries thereof, during the administration of my estate, with or without
court order, in such manner and in such amounts as my Executor deems
prudent and appropriate.
(i) To vote any shares of stock which form a part of the estate or
Trust, and otherwise to exercise all the powers incident to the ownership of
such stock.
Q) To join with my spouse and file any income tax or gift tax
returns that maybe due on my behalf and to pay so much of such taxes as
my Executor may deem appropriate (and to consent to any gifts made by my
husband being treated as having been made one-half by me).
(k) To make distribution in cash or in kind, or partly in each at
valuations fixed by my Executor and Trustee at the time of distribution.
October 31, 2006 -19- ,~ ~ ~ ~i,~
L.B.M.
(I) To execute and deliver any written instruments that they may
deem advisable to carry out any power, duty, or discretion granted to them,
and all persons shall be fully protected in relying upon their power to execute
every such instrument and no one shall be obligated to see to the application
by them of any money or property received by them pursuant to the
execution and delivery of any such instrument.
(m) To associate with them an accountant, custodian and
investment advisor or other professionals, and their agents and to
compensate such accountant, custodian and investment advisor,
professional and agents out of principal or income or both as my Executor
or trustee hall determine.
(n) In the discretion of the Executor or Trustee, to unite with other
owners of similar property in carrying out any plans for the reorganization of
any corporation or company whose securities form a part of the estate.
(o) To disclaim any interest i n property which would devolve to me
or my estate by whatever means, including but not limited to the following
means: as beneficiary under a will, as an appointee under the exercise of a
power of appointment, as a person entitled to take by intestacy, as a donee
October 31, 2006 -20- ~~ ~~~ ~~~ ~.
L.B.M.
of an inter vivos transfer, and as a donee under athird-party beneficiary
contract.
(p) To do all other acts in their judgment deemed necessary or
desirable for the proper and advantageous management, investment and
distribution of the estate or Trust.
ITEM XI. Whenever and as often as any beneficiary hereunder, to whom
payments of income or principal are herein directed to be made, shall be under legal
disability, or, in the sole judgment of the Trustee, shall otherwise be unable to apply such
payments to his own or her own best interests and advantages, the Trustee may make all
or any portion of such payments in any one or more of the following ways:
(a) Directly to such beneficiary;
(b) To the Legal Guardian or Conservator of such beneficiary;
(c) To a relative of such beneficiary, to be expended by such
relative for the benefit of such beneficiary; or
(d) By itself expending same for the benefit of said beneficiary.
Provided, however, that this power shall not apply to "Trust B".
ITEM XII. In the event that there should be established in the Last Will and
Testament of my husband, GORDON D. MYERS, Trusts similar to the Trusts herein
established forthe benefit of my children and their issue, the Trustee of each of said Trusts
October 31, 2006 -21- `~ )~ ~~~
L.B.M. ...
created in this Will shall have the right of merging it with the similar Trust for the same
beneficiaries created in the Will of my said husband, and operating each of said merged
Trusts as a single Trust.
ITEM XIII. Any person who shall have died at the same time as I shall have, or
in a common disaster with me, or under such circumstances that the order of our deaths
cannot be established by proof, or within thirty (30) days of my death, shall be deemed to
have predeceased me.
ITEM XIV, If at any time any child u nder the age of twenty-one (21) years shall
be entitled to receive any assets hereunder, the person designated by my then acting
Trustee shall receive such assets as Custodian under the Pennsylvania Uniform Transfer
'to Minors Act for that beneficiary. Such Custodian may receive and administer all assets
.authorized by law, and shall have full authority as provided in the Pennsylvania Uniform
~rransfier to Minors Act to use such funds in the manner it deems advisable for the best
interests of such beneficiary. In addition, said Custodian shall have all the rights and
privileges as to the Custodianship and its assets as are herein granted to the Executor as
to my estate and the assets therein. I also designate said Custodian as successor
Custodian of any property for which I am custodian under any Uniform Transfer to Minors
Act.
Gctober 31, 2006 -22- ~~'~ ~i1~1~
L.B.M.
ITEM XV. I hereby nominate, constitute and appoint Patricia Armstrong Morgan
to be the Trustee of the Trusts established hereunder.
ITEM XVI. I hereby nominate, constitute and appoint Patricia Armstrong Morgan
to be the Executor (herein referred to as the Executor). In the event of the death of Patricia
Armstrong Morgan, or her inability or refusal to serve as Executor and/or Trustee or upon
her resignation as Executor and/or Trustee, I appoint Thomas T. Niesen to serve as
successor Executor and/or Trustee hereunder. My Executor and Trustee are specifically
relieved from the duty or obligation of filing any bond or other security.
ITEM XVII. If my husband orthe personal representative of my husband disclaims
in whole or in part any property or interest therein otherwise distributable under ITEMS I{I
or IV such property or interest so disclaimed shall be distributed as if my husband
predeceased me with respect to such disclaimed interest provided in ITEM V (b}, (c), (d)
and (e).
ITEM XVIII. The Trustee and Executor may receive reasonable compensation for
services as a Trustee/Executor hereunder. Testatrix is fully aware that she may nominate
any person or corporate entity to serve as Executor andlor Trustee, but has on her own
initiative specifically requested Patricia Armstrong Morgan to serve in said capacity to
assure implementation of her goals and objectives or if she is unable to serve then she has
requested Thomas T. Niesen to serve in said capacity. The services rendered as Trustee
C)ctober 31, 2006 -23- '~ (~ ~~~~
L.B.M.
and Executor are separate from any services she (or he) may render as attorney for myself
or my estate.
IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and
Testament, consisting of this and the preceding twenty-three (23) pages, at the end of
each page of which I have also set my initials for greater security and better identification
this 315' day of October, 2006.
LOUISE B. MYERS
\~.~e, the undersigned, hereby certify that the foregoing Will was signed, sealed,
published and declared by the above-named Testatrix as and for her Last Will and
Testament, in the presence of us, who, at her request and in her presence and in the
presence of each other, have hereunto set our hands and seals the day and year first
above written, and we certify that at the time of the execution thereof, the said Testatrix
was of sound and disposing mind and memory.
rl ~"t-<-~` ~~t ~ ~ ~ ~,~-- (SEAL )
J ~~~ ~~~~~'~~~ SEAL
_ ( )
Residing at '1~ ~~ou~ ~~- ~~,~-~~-
Residing at ~~~ 5~~ ~'1ll ~r«'~
~-L]rr't5~t~c~ f ~ ~'~IIZ
F:ICLIENTSlM1SC\GMYERS\OOCUMENT12006 LM Last Will and Testament.wpd
-24-
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF DAUPHIN )
We, U ~~.k t ~ ~'Vl . ~-~s ~~ ~~ ,and ~ 1 ~-~--( i" l DU~~
the Witnesses whose names are signed tothe attached orforegoing instrument, being duly
qualified according to law, do depose and say that we were present and saw Testatrix,
LOUISE B. MYERS, sign and execute the instrument as her Last Will and Testament; that
Testatrix signed willingly and that she executed said Will as her free and voluntary act for
the purposes therein expressed; that each of us in the hearing and sight of the Testatrix
signed the Will as Witnesses; and that to the best of our knowledge the Testatrix was at
that time eighteen (18) or more years of age, of sound mind and under no constraint or
undue influence.
Sworn to and subscribed before me this 31St day of October, 2006.
Notary Public (~
My Commission Expires:
VONif4iOiVV~IEAti H Cfe= ~ "~~~,i4"ZUAP~liA
Notaries Se21
Rhonda Heffelfinger; Notary Public
City Of Harrisburg, Dauphin County
My Commission Expires Apr. 22, 2008
Member, Pennsytuania Association Qt Notaries
JL g3 ®1VA ~ 1~ 3 ~ ~ 1'~I ~'
l~ l~~~l~ ~ ~4~?Fa.Tl®IC~i~~ PATRICIAARMSTRONG
1~ Yi11~V 1~ OF COUNSEL
~~jj// ® Direct Dial: 717.418.1501
' /~fforney~ anrC ~oun~ellors of ~aw parmstrong@thomaslonglaw.com
November 20, 2008
Ms. Glenda Farner Strasbaugh n,
Register of Wills & Clerk of Orphans' Court ~
Cumberland County t_,o
-~
:~ --
Cumberland County Courthouse, 1s1 Floor '~~ ° ~' -
One Courthouse Square '- o - __i
Carlisle, PA 17013
;
~
,:_ ;
~~__ F
~~ a ~
;
In re: Estate of Louise B. Myers __
_, ~
- ~ :- ~~
Date of Death: March 11, 2008 =~ --
Social Security No.: 184-22-6791 "'
PA No. 21-08-0413
Dear Ms. Strasbaugh:
Kindly acknowledge receipt by dating and stamping the attached copy of this letter.
Enclosed in duplicate is the Pennsylvania Inheritance Tax Return (Schedules B, E, F, H, I, J
and O) together with the following:
Copy of decedent's will dated October 31, 2006;
2. There is no Federal Estate Tax Return; and
3. Estate Inventory.
A check in the amount of $30.00 is enclosed to cover the cost of filing the Return and for the
Estate Inventory.
If you have any questions, please contact the undersigned.
Very truly yours,
THOMAS, LONG, NJI & KENNARD
By / ~..G~~c c`c cam`--'c,~ `~'
Patricia Armstron v
9
Enclosures
F:\CLIENTS\MISC\GMYERS\Estate of L. Myers\Letlers\081118 Cumberland Co Reg. of Will.wpd
212 LOCUST STREET • SUITE 500 • P.O. BOX 9500 • HARRISBURG, PA 1 7 1 08-9500 • 717.255.7600 • FAX 717.236.8278 • www.thomaslonglaw.com
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF DAUPHIN )
I, LOUISE B. MYERS, Testatrixwhose name is signed to the attached orforegoing
instrument, having been duly qualified according to law, do hereby acknowledge that I
signed and executed the instrument as my Last Will and Testament; that I signed it
willingly; and that I signed it as my free and voluntary act for the purposes therein
expressed.
LOUISE B. MYERS
Sworn to and subscribed before me this 31St day of October, 2006.
Notar~r Public "
My Commission Expires:
i:.oilNn!io1~9Vif:=Ai-.Tr-i or e=Er'Jr~'CYLVANIA
Not~srial sea!
Rhonda Heffeffsnger, Notary Public
City Qf Harrisburg, Qauphin County
My commission Expires Apr. 22, 2008
Member, Pr~nrsylvania ~ssocimtion Of Plotaries