HomeMy WebLinkAbout12-29-08."\7
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FAMILY SETTLEMENT AND FINAL RELEASE `~ _
ESTATE OF JULIA H. BARRICK _ _ - ~ ~ -
KNOW ALL MEN BY THESE PRESENTS, that Julia H. Barrick, late Hof Nev~ville;
~::y
-,
Cumberland County, Pennsylvania, deceased, died testate on Novelr`nber 6, ~07
having first made her Last Will and Testament, which was duly executed on April 19,
2000 and probated in the Office of the Register of Wills of Cumberland County as No.
21-08-0382, on April 4, 2008.
WHEREAS, the said Julia H. Barrick, by the aforesaid Last Will and Testament,
named Lois J. Swanger as Executrix of said Last Will and Testament;
WHEREAS, Letters Testamentary on the Estate of the said decedent were duly
issued by the Register of Wills of Cumberland County, Pennsylvania, to the said
Executrix, hereinafter called personal representative;
WHEREAS, the personal representative has gathered the assets of the Estate of
the said decedent and the assets consist of personal and real property with the total
value of $64,236.38 as set forth in Exhibit "A", which is a copy of the Pennsylvania
Inheritance Tax Return filed and approved by said personal representative, and which is
attached hereto and made a part hereof, and marked Exhibit "A";
WHEREAS, the debts and deductions, including the payment of inheritance tax
in the said Estate, which have now been paid, leave a balance for distribution of
$54,712.00, also as set forth in the statement of said personal representative, which is
attached hereto and marked Exhibit "B";
WHEREAS, the balance for distribution as shown in the said statement marked
Exhibit "B" has been reduced to cash and has been distributed as herein indicated in
accordance with the terms of the Last Will and Testament of the said Decedent;
NOW, THEREFORE, Lois J. Swanger being the sole heir under the Last Will and
Testament of the said decedent, and being that person entitled to inherit under said Last
Will and Testament, does hereby acknowledge that she has this day had and received
from the aforesaid personal representative, in full satisfaction and payment of all sums
of money, legacies, bequests, and devises as are given, devised and bequeathed to her
by the said Last Will and Testament, the amounts due her under said Last Will and
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Testament, which amounts she has received this day or prior to this day; and, she does
hereby stipulate that in order to avoid the expense and time involved in the filing of a
formal account and schedule of distribution, she agrees that no account is necessary
and she does hereby agree that she does consent to distribution being made without
the filing of an account and schedule of distribution, the same to be with the same force
and effect as if they had been filed and confirmed by the Orphan's Court Division of the
Court of Common Pleas of Cumberland County, Pennsylvania.
THEREFORE, Lois J. Swanger does hereby remise, release, quitclaim and
forever discharge the said personal representative, Lois J. Swanger, her heirs,
executors, administrators and assigned, of and from the said estate and from all
actions, suits, payments, accounts, reckonings, claims, and demands whatsoever for or
by reason thereof, or for any other use, matter, cause or thing whatsoever, touching
upon the Estate of the said decedent, and she does further hereby covenant and agree
that should any liability come due to the estate of the said decedent after the signing of
this Agreement, she does hereby covenant and agree that she will contribute pro-rata
our share of the Estate to satisfy any and all claims, demands, suits or causes of action
which may be successfully prosecuted against the said Estate or the aforesaid personal
representative after the signing, sealing and delivery of this Family Settlement
Agreement and Final Release.
IN WITNESS WHEREOF, she has hereunto set her hand and seal the day and
year noted below.
Date Wy# ss
Lois J. Swanger
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
NOTICE OF INHERITANCE TAX
BUREAU DF INDIVIDUAL TAXES APPRAISEMENT, ALLOWANCE OR DISALLOWANCE
INHERITA FICE TAX DIVISION OF DEDUCTIONS AND ASSESSMENT OF TAX
PO BOX 2E10601
HARRISBUF:G PA 17128-0601 REV-1547 EX AFP (06-053
DATE 11-24-2008
ESTATE OF BARRICK JULIA H
DATE OF DEATH 11-06-2007
FILE NUMBER 21 08-0382
COUNTY CUMBERLAND
JAMES M ROBINSON ACN 101
TURD LAW OFFICES APPEAL DATE: 01-23-2009
2 8 S P ITT ST ( See reverse side under Objections )
CARLISLE PA 17013 Amount Remitted-
MAKE CHECK PAYABLE AND REMIT PAYMENT T0:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
CUT AILONG THIS LINE ~ RETAIN LDWER PORTION FOR YOUR RECORDS 4--
REV-1547 EX AFP C03-05~ NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ESTATE OF BARRICK JULIA H FILE N0. 21 08-0382 ACN 101 DATE 11-24-2008
TAX RETURN WAS: (X) ACCEPTED AS FILED ( ) CHANGED
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Real Estate (Schedule A) (1) 57, 126.50
2'. Stocks and Bonds (Schedule B) (2) .00
3. Closely Held Stock/Partnership Interest (Schedule C) (3) .00
4. Mortgages/Notes Receivable (Schedule D) C4) .00
5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) C5) 7,109.88
6.. Jointly Owned Property (Schedule F) (6) .00
i'. Transfers (Schedule G) (7) .00
8. Total Assets (8)
NOTE: To insure proper
credit to your account,
submit the upper portion
of this form with your
tax payment.
64,236.38
APPROVED DEDUCTIONS AND EXEMPTIONS:
6:946 .33
Si. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) C9)
10. Debts/Mortgage Liabilities/Liens (Schedule I) C10) .00
ll. Total Deductions C11) 6.946.33
1 Net Value of Tax Return (12) 57,290.05
1:5. Charitable/Governmental Bequests; Non-elected 9113 Trus ts (Schedule J) C13) .00
lei. Net Value of Estate Subject to Tax (14) 57,290.05
NOTE: If an assessment was issued previously, l ines 14, 15 and/or 16, 17, 18 and 19 will
reflect figures that include the total of ALL returns assess ed to date.
ASSESSMENT OF TAX:
1!i. Amount of Line 14 at Spousal rate C15) 00 X 00 = . 00
16. Amount of Line 14 taxable at Lineal/Class A rate C16) 57,290.05 X 045 = 2,578.05
17. Amount of Line 14 at Sibling rate C17) •00 X 12 = .0 0
18. Amount of Line 14 taxable at Collateral/Class B rate (18) •00 X 15 = .00
19.
TAV /`O Principal Tax Due
CTTTC. (19)= 2,578.05
1 f1/~ .
PE\YMENT
DATE
RECEIPT
NUMBER
DISCOUNT (+)
INTEREST/PEN PAID (-)
AMOUNT PAID
08-'.L4-2008 CD010145 .00 2,578.05
11-:L7-2008 SBADJUST .00 3.96
EXHIBIT TOTAL TAX CREDIT 2,578.05
• y BALANCE OF TAX DUE .00
//'1, INTEREST AND PEN. .00
TOTAL DUE .00
* IF PAID AFTEP. DATE INDICATEB, SEE REVERSE C IF TOTAL DUE IS LESS THAN S1, NO PAYMENT IS REQUIRED.
F012 CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE
15056041147
REV-1500 EX (06-05) OFFICIAL USE ONLY
PA Department of Revenue County Code Year File Number
Bureau of Individual Taxes INHERITANCE TAX RETURN
Po Box.2soso~ 21 0 8 0 0 3 8 2
Harrisburg, PA 17128-0601 RESIDENT DECEDENT
ENTER DECEDENT INFORMATION BELOW
Sot~ial Security Number Date of Death Date of Birth
]_88053746 11062007 01191918
Decedent's Last Name Suffix Decedent's First Name MI
E4ARRICFC JULIA H
(If ,Applicable) Enter Surviving Spouse's Information Below
Spouse's Last Name Suffix Spouse's First Name MI
Spouse's Social Security Number
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
I~EGIST~I~ OF WILLS
FILL IN APPROPRIATE OVALS BELOW
®~ 1. Original Return ^ 2. Supplemental Return ^ 3. Remainder Return (date of death
prior to 12-13-82)
[~ 4. Limited Estate ^ 4a. Future Interest Compromise ^ 5. Federal Estate Tax Return Required
(date of death after 12-12-82)
p g Decedent Died Testate ^ ~ Decedent Maintained a Living Trust 0 8. Total Number of Safe Deposit Boxes
I~~ (Attach Copy of Will) (Attach Copy of Trust)
9. Litigation Proceeds Received ^ 1 p_ Spousal Poverty Credit (date of death ^ 11. Election to tax under Sec. 9113(A)
^ between 12-31-91 and 1-t -95) (Attach Sch. O)
CORRESPONDENT -THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO:
Name Daytime Telephone Number
r7AMES M ROBINSON 7172459688
Fiirm Name (If Applicable)
'PURO LAW OFFICES
Hirst line of address
28 SOUTH PITT STREET
Second line of address
Gity or Post Office
CARLISLE
State ZIP Code
PA 17013
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REGISTER OF WILLS USE ONLY
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DATE FILED ~`+~
C:orrespondent's a-mail address: j r ob i n s o n@ to r o t aw . c om
Linder 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.
;J~ (~~;~ ~~ ~ ~~~,~~~~ ~~ Lois J. Swanger ~(i ~~U~
P,DDRESS
50 E. Main Street, N wville, PA 17241
~IGNAT RE OF PREPARER TH TH EPf~ESENTATIVE ATE
~~ ` ~ James M Robinson ~ - ~ f~:~'
A R SS
South Pitt treet, Carlisle, PA 17013
Side 1
L~ 15056041147 15056041147
15056042148
REV-1500 EX
Decedent's Social Security Number
Decedent's Name_ B A R R I C K, J U L I A H 18 8 0 5 3 7 4 6
RECAPITULATION
1. Real Estate (Schedule A) .......................................................................................... 1.
2. Stocks and Bonds (Schedule B) ............................................................................... 2.
3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C).......... 3.
4. Mortgages & Notes Receivable (Schedule D) .......................................................... 4.
5 Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) ................ 5.
6. Jointly Owned Property (Schedule F) ^ Separate Billing Requested ............. 6.
7. inter-Vivos Transfers & Miscellaneous Non-Probate Properly
(Schedule G) ^ Separate Billing Requested ............. 7.
g. Total Gross Assets (total Lines 1-7) ....................................................................... 8.
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) ..................................................................... . 11.
12. Net Value of Estate (Line 8 minus Line 11) ............................................................ . 12.
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which
an election to tax has not been made (Schedule J) ................................................. 13.
14. Net Value Subject to Tax (Line 12 minus Line 13) ................................................
- __ . 14.
__
TAX COMPUTATION -SEE INSTRUCTIONS FOR APPLICABLE RATES
15. Amount of Line 14 taxable
at the spousal tax rate, of
transfers under Sec. 9116
(a)(1.2) X .00 15.
16. Amount of Line 14 taxable
0 5
5 7
2 9 0
16.
,
.
at lineal rate X .045
17. Amount of Line 14 taxable
at sibling rate X .12 17.
18. Amount of Line 14 taxable
at collateral rate X .15 18.
19. Tax Due ................................................................................................................... .. 19-
20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT.
57,126.50
7,109.88
64,236.38
6,946.33
6,946.33
57,290.05
57,290.05
2,578.05
2,578.05
Side 2
L~ 15056042148 15056042148
REV-1500 EX Page 3 File Number 21 - 08 - 00382
Ds~cedent's Complete Address:
Barrick, Julia H
- _ _ - ___ _
Sl"REET ADDRESS
50 East Main Street
CITY I STATE 'ZIP
Newville PA 17241
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
p. Interest
E. Penalty
Total Credits (A + B + C)
Total Interest/Penalty (D + E)
4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT.
Check box on Page 2 Line 20 to request a refund
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE.
A. Enter the interest on the tax due.
t3. Enter the total of Line 5 + 5A. This is the BALANCE DUE.
(1} 2,578.05
(2) 0.00
(3> 0.00
(4)
(5) 2,578.05
(5A)
(5B) 2,578.05
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 :..............................................................................._. ~ x
b. retain the right to designate who shall use the property transferred or its income :................................. _. j ', x
c. retain a reversionary interest; oc...._ ......................................................... ............................................._ '~ I' x I
d. receive the promise for life of either payments, benefits or care? ........... ~~ ' x
2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without
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receiving adequate consideration? ................................................................................................._.................... ' ~ LX
3. Did decedent own an "in trust for'" or payable upon death bank account or security at his or her death?......... _ _ x I
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which
contains a beneficiary designation? ...................................................................................................................... _ f x l
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. §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 zero (0) percent [72 P.S. §9116 (a) (12)].
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)]. 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.
', SCHEDULE A
REAL ESTATE
COMMONWEALTH OE PENNSYLVANIA I
INHERITANCE TAX RETURN '~,
RESIDENT DECEDENT ~'..
~ FILE NUMBER
ESTATE OF garrick, JUlia H ' 21 - 08 - 00382
All.real property owned sole)yy or as a tenant in common must be repported at fair market value. Fair market value is defined as the price
at which plroperty would be exci~anged between a willing buyer and a wilting 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 DESCRIPTION
NUMBER
1 50 East Main Street, Newville, PA 17241 1/2 Interest
VALUE AT DATE OF
DEATH
57,126.50
TOTAL (Also enter on Line 1, Recapituiationj 57,126.50
SCHEDULE E
CASH, BpA~+NK DEPOpSITS,o8~~MISC.
COMMONWEALTH OF PENNSYLVANIA '~ PERSONAL PROPERT I
INHERITANCE TAX RETURN '',
RESIDENT DECEDENT '
_. _. _ I.... _-.____._
FILE NUMBER
ESTATE OF garrick, Julla H 21 - 08 - 00382
._
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 DESCRIPTION VALUE AT DATE OF
NUMBER DEATH
---
1 Members 1st F.C.U. -Checking Acct .No. 197520-11 1/2 Interest 6,847.02
2 Members 1st F.C.U. -Savings Acct. Na. 197520-00 1/2 Interest 262.86
- _---- -_
TOTAL (Also enter on Line 5, Recapitulation} 7,109.88
SCHEDULE H
' FUNERAL DCPENSES &
COMMONWEALTH OF PENNSYLVANIA '
INHERITANCE TAX RETURN ~~~A'TI V C r~~Q~
RESIDENT DECEDENT vw
_ - -. I -___- --
ESTATE OF Garrick, Julia H FILE NUMBER
I~ 21 - 08 - 00382
Debts of decedent must be reported on Schedule 1.
ITEM
NUMBER FUNERAL EXPENSES: DESCRIPTION AMOUNT
A. 1 Auer Funeral Home
2 'Cremation Society of Pennsylvania
3 Mount Holly Springs Cemetery
4 Lisa's Floral -Flowers at Memorial Service
5 Food at Memoria! Service
B. ADMINISTRATIVE COSTS:
1. ', Personal Representative's Commissions
Social Security Number(s) / EIN Number of Personal Representative(s):
Street Address
City State Zip
Year(s) Commission paid
2. i Attorney s Fees Turo Law Offices
3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation)
Claimant Lois J. Swanger
Street Address 50 East Main Street
city Newville State PA zip 17
Relationship of Claimant to Decedent Daughter
a. Probate Fees Register of Wills
Cumberland Law Journal
The Sentinel -Legal
5. ' Accountant's Fees
G. Tax Re41~rn Praparar'c Fagg
7. Other Administrative Costs
1
530.00
940.00
600.00
50.00
100.00
1,284.73
3,000.00
200.00
75.00
166.60
TOTAL (Also enter on line 9, Recapitulation) 6,946.33
REV-15'13 EX+ (9-00)
pSCHEDULEJ
COMMONWEALTH OF PENNSYLVANIA BENEFICIARIES
INHERITANCE TAX RETURN
RESIDENT DECEDENT '.
ESTATE C1F
Barrick, Julia H
RELATIONSHIP TO
NUMBEF: NAME AND ADDRESS OF PERSON(S) DECEDENT
RECEIVING PROPERTY Do Not List Trustee(s)
I. TAXABLE DISTRIBUTIONS [include outright spousal
distributions, and transfers
under Sec. 9116 (a) (1.2)]
'] Lois J. Swanger Daughter
50 E. Main Street
Newville, PA 17241
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FILE NUMBER
21 - OS - 00382
__ -
SHARE OF ESTATE AMOUNT OF ESTATE
', (Words) ($$$)
Entire 57,290.05
Enter dollar amounts for distributions shown above on lines 15 through 18, as appropriate, on Rev 1500 cover sheet
II. 'NON-TAXABLE DISTRIBUTIONS:
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS
INOT BEING MADE
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
I
TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET ~I 0.00
__
EXHIBIT "B"
GROSS ESTATE NET OF TAX
LIABILITIES
A. Auer Funeral Home
B. Cremation Society of Pennsylvania
C. Mount Holly Springs Cemetery
D. Lisa's Floral
E. Food at Memorial Service
F. Turo Law Offices
G. Family Exemption to Lois J. Swanger
H. Register of Wills
I. Cumberland Law Journal
J. The Sentinel -Legal
TOTAL LIABILITIES
AMOUNT REMAINING TO BE DISTRIBUTED
DISTRIBUTIONS:
Lois J. Swanger
$ 61,658.33
$ 530.00
940.00
600.00
50.00
100.00
1,284.73
3,000.00
200.00
75.00
166.60
$ 6,946.33
$ 54,712.00
$ 54,712.00
TOTAL DISTRIBUTIONS $ 54,712.00