HomeMy WebLinkAbout04-0538 PETITION FOR PROBATE and GRANT OF LETTERS
Estate of HELEN L. SHANK No. /-- - -
also known as To: Register of Wills for Cumberland County,
, Deceased. Pennsylvania
Social Security No. 161-32-7497
The Petition of the undersigned respectfully represents that:
Your Petitioners, who are 18 years of age or older and the Executors named in the Last Will and
Testament of the above decedent, dated December 12, 2003.
Decedent was domiciled at death in Cumberland County, Pennsylvania, with her principal residence
at 38 Strawberry Court, Carlisle Borough, Carlisle, Cumberland County, Pennsylvania.
Decedent, then 81 years of age, died May 23, 2004, at Harrisburg Hospital, Harrisburg, Dauphin
County, Pennsylvania.
Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted
after execution of the will offered for probate; was not the victim of a killing and was never adjudicated
incompetent: N/A.
Decedent at death owned property with estimated values as follows: $
(If domiciled in Pa.) All personal property $ 18,490.00
(If not domiciled in Pa.) Personal property in Pennsylvania $
(If not domiciled in Pa.) Personal property in County $
Value of real estate in Pennsylvania $ 126,810.00
situated as follows: 38 Strawberry Court, Carlisle, Pennsylvania
Total $ 145,300.00
WHEREFORE, Petitioners respectfully req~S2~~e 9fthe Last Will and Testament presented
herewitJ~nd the grant ofl, gttg. l;S TESTAMENTARY thereon..~' ~
/Je ffr~/l~'~ hank/ ' c-
1021 Enola Road ( _..,HIZ1, ;B~Sx 890 !
Carlisle, Pennsylvania 17013 ---Tannersville, Pennsylvania 18372
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA ) '5
: SS
COUNTY OF CUMBERLAND )
The Petitioners above-named swear or affirm that the statements in the foregoing petition are true
and correct to the best of the knowledge and belief of Petitioners and that as personal representatives of the
bove we , and ,y dmin sterth tEb .
Sworn to or affirmed and subscribed ~,~
..be.~ore me this ~:7'7~/day of ~ ~ ~.~hank ./.--~
'-- ~'~ .~l~egist~r - '~-"-~ ~ /feffr~{/l~.Sha/~k
Estate of Helen L. Shank, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW ,J"t, kM E: ~ ., 2004, in consideration of~he petition on the
reverse side hereof, satisfactory proof having been presented before me,
IT IS DECREED that the instrument(s) dated November 1, 1993 described therein be admitted to
probate and filed of record as the last will of HELEN L. SHANK; and Letters Testamentary are
hereby granted to Gregory D. Shank and Jeffrey D. Shank.
Probate, Letters, Etc ............ $
Short Certificate(s)_. ............ $ I g, 0 0 Sea'-"'fi M. Shultz, Esquir3 (
~ ..~.2.~..~3..b... ...... $ Z~, 0 ~ Attorney I.D. No. 90946
,~]'CIo $ i 0, 0 0 19 Brookwood Avenue, Suite 106
TOTAL $ 7__~'~.{)19 Carlisle, Pennsylvania 17103-9142
Filed ............................................................ (717) 249-5373
F:\User Folderhnirm Docs\Estates~3 618-1 pet Itrs. wpd ~
CC
This is to certify that the information here given is correctly copied from an original certiFica[e
Local Registrar. The original certificate will be forwarded to the State Vital Records Office for ~
WARNING: It is illegal to duplicate this copy by photostat or photo]raph.
[~ Lo:al
No. ~ Date
H1~.14~ Rev.
COMMONWEALTH OF PENNSYLVANIA · DEPARTMENT OF HEALTH · VITAL RECORDS
~ CERTIFICATE OF DEATH
NA~E OF [~=cI~r~NT (Fi~k Ml~$e, LaM) IITATE ~ ~
~Cm~K~K~ ,. Helen L. Shank ~-male I~ 161 -- 32 - 7497
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~/ I /-WF~_ / /J~~ ~. OlO~3-L NAME~D~FACIUW Hoff~n-Ro~ ~eral
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LAST WILL AND TESTAMENT
OF
HELEN L. SHANK
I, HELEN L. SHANK, of 3 8 Strawberry Court, Carlisle, Cumberland County, Pennsylvania,
being of sound and disposing mind, memory and understanding, do make, publish and declare this
to be my Last Will and Testament, hereby revoking and making void all previous Wills and Codicils
heretofore made by me.
1
I order and direct my personal representative hereinafter named to pay all of my just debts,
funeral expenses and expenses involved or connected with the administration of my estate as soon
after my death as is reasonably possible. However, my personal representative need not accelerate
and pay those unmatured obligations which, in his, her or its opinion, it might be proper and more
advantageous to retain or renew and pay as they become due and payable. IfI do not own a burial
plot or a grave marker at the time of my death, I authorize my personal representative, in his, her or
its sole discretion, to purchase a burial plot and to erect a suitable grave marker at my grave, and to
expend sums from my estate for this purpose.
2
I give, devise and bequeath the rest, residue and remainder of my estate, together with all
insurance proceeds thereon of whatever nature and wheresoever situate as follows:
a. One Thousand ($1,000.00) Dollars to the CENTERVILLE LUTHERAN
CHURCH, of 1874 Walnut Bottom Road, Newville, Cumberland County, Pennsylvania;
Page 1 of 8
LAST WILL AND TESTAMENT OF HELEN L. SHANK
b. I give, devise and bequeath the rest, residue and remainder of my estate
together with all insurance proceeds thereon of whatsoever nature and wheresoever situate in equal
shares to my sons, if they survive me by sixty (60) days. In the event that my son, JEFFREY D.
SHANK, of HC 1, Box 890, Tannersville, Pennsylvania, does not survive me by sixty (60) days, the
full share shall go to my son, GREGORY D. SHANK, of 1021 Enola Road, Carlisle, Pennsylvania.
In the event that my son, GREGORY D. SHANK, does not survive me by sixty (60) days, his share
shall go to his daughters KIMBERLY R. BECKERLEGG of 22 Orange Street, Carlisle,
Pennsylvania, and JAMEY L. KELLEY of 2165 Newville Road, Carlisle, Pennsylvania. If both
of my sons do not survive me by sixty (60) days, I give, devise and bequeath the rest, residue and
remainder of my estate together with all insurance proceeds thereon of whatsoever nature and
wheresoever situate in equal shares to the aforesaid KIMBERLY R. BECKERLEGG and JAMEY
L. KELLEY, per stirpes, if they survive me by sixty (60) days. It is further my desire that my
personal representative, after consultation with any heir or heirs of mine who survive me, and in his,
her or its own discretion, choose such articles from my tangible personal property (exclusive of cash,
stock certificates, bonds, and all other tangible evidences of intangible personal property) as he, she
or it believes will be useful to such heir or heirs or desirable for him or her or them to have, either
from a sentimental point of view or otherwise, and to deliver such articles to such heir or heirs or
among such heirs in equal or unequal shares as determined by the further exercise of his, her or its
discretion, provided no other heir objects to the distribution. All tangible personal property not so
distributed is to be sold, either publicly or privately, by my personal representative, adding the
proceeds of such sale or sales to my residuary estate and to be disposed of in equal shares among my
residual beneficiaries after payment of my estate debts, taking into account the tangible personal
property otherwise provided to them.
3
Page 2 of 8
LAST WILL AND TESTAMENT OF HELEN L. SHANK
I grant my personal representative the following powers in addition to and not in limitation
of such powers as my personal representative shall hold by law:
(a) To retain all property received including the stock of any corporate fiduciary acting
hereunder, provided such property remains productive.
(b) To join in any corporation, partnership, recapitalization, merger, reorganization or
voting trust plan; to delegate authority with respect thereto; to deposit investments
under agreements and pay assessments; and generally to exercise all rights of
investors, including but not limited to, the voting of shares.
(c) To manage, operate, repair, improve, mortgage or lease on any terms any real estate
held or owned by my estate.
(d)To operate any business that I may own at my death.
(e) To invest any funds of my estate in any stocks, bonds, notes or other securities or
property, real or personal, without regard to the principle of diversification or any
other statute or general rule of law in his, her or its absolute discretion, it being my
intention to give my personal representative the broadest investment powers possible,
providing such investments do not unnecessarily prevent the prompt settlement of my
estate.
(f) To sell or otherwise dispose of any property, real or personal, tangible or intangible,
at any time forming a part of my estate in any manner and on such terms and
conditions as my personal representative shall see fit in his, her, or its absolute
discretion.
(g) To borrow money for the payment of taxes or for any other proper purposes in the
administration of my estate, and to mortgage or pledge estate assets as security.
(h) To compromise claims without court approval including, but not limited to, any
controversies with the United States of America or the Commonwealth of
Page 3 of 8
LAST WILL AND TESTAMENT OF HELEN L. SHANK
Pennsylvania concerning estate and inheritance taxes on any interests that may pass
under this my Last Will and Testament.
(i) To distribute in cash or in kind upon any division or distribution of my estate.
(j) To undertake any and all acts deemed necessary and proper by my personal
representative for the proper, advantageous and prompt management of the
settlement of my estate.
(k) In general, to exercise all powers in the management of my estate, which any
individual could exercise in the management of similar property owned in his own
right, upon such terms and conditions as to him, her or it may seem best and to
execute and deliver all instruments and to do all acts which he, she or it deems
necessary or proper to carry out the purposes of this, my Last Will and Testament.
4
No interest of any beneficiary of my estate, either in income or in principal, shall be subject
to anticipation or pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have
the power in any manner to charge or encumber his interest either in income or principal, nor shall
the interest of any beneficiary be liable or subject in any manner while in the possession of my
personal representative for the liability of such beneficiary.
5
I nominate, constitute and appoint my sons, JEFFREY D. SHANK and GREGORY D.
SHANK, as Co-Executors of this my Last Will and Testament. I direct that my personal
representative shall not be required to give or post bond for the faithful performance of his, her or
its duties in this or any other jurisdiction.
Page 4 of 8
LAST WILL AND TESTAMENT OF HELEN L. SHANK
I hereby declare it to be my express desire that my personal representative employ Michael
J. Hanft, Esquire, of the law firm of Hanft & Knight, P.C., of Cumberland County, Pennsylvania,
for legal advice and assistance regarding this my Last Will and Testament, they having considerable
knowledge of my affairs, views and wishes respecting any matters that may arise at the probate of
this instrument, the administration of my estate, and the execution of the powers herein mentioned.
Any mention ofHanfl & Knight, P.C. in this my Last Will and Testament, is my free and voluntary
act and through no influence by any person.
Page 5 of 8
LAST WILL AND TESTAMENT OF HELEN L. SHANK
IN WITNESS WHEREOF, I have hereunto set my hand to this my Last Will and Testament
this I~-~ dayofDecember, 2003.
WITNESS:
Helen L. Shank
Page 6 of 8
LAST WILL AND TESTAMENT OF HELEN L. SHANK
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA ·
· SS.
COUNTY OF CUMBERLAND ·
I, Helen L. Shank, the Testatrix whose name is signed to the attached or foregoing
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.
Helen L. Shank
Sworn or affirmed and acknowledged before me by Helen L. Shank, the Testatrix, this
day of December, 2003.
,SOUfll Middleton Twp., Cumberlend Cou~
Msmber P8nn~';~V~l~;~ .~..q$o(-.~8,1 (*.~r N~I'~$
Page 7 of 8
LAST WILL AND TESTAMENT OF HELEN L. SHANK
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA :
: SS.
COUNTY OF CUMBERLAND :
WE, ~ va J4. ,-~ O {~-Z- and ~r~_~/~~ L./t~ff~,ff~ ,the
witnesses whose names are attached to the foregoing document, being duly qualified according to
law, do depose and say that we were present and saw Helen L. Shank sign and execute the
instrument as her Last Will and Testament; that she signed willingly and that she executed it as her
free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing
and sight of the Testatrix signed the Last Will and Testament as witnesses and that to the best of our
knowledge the Testatrix was at the time 18 or more years of age, of sound mind and under no
constraint or undue influence.
Sworn or affirmed and subscribed before me by ~_..~ fi/~. ~O t~/-, and
r~'-~,~ L. t~'~f~ this}~--4fiC~dayofDecember, 2003.
South Middleton Twp., Cumbedand County
Member ~,r,r~.,~ni-~ A.~.~r'x'.'~tion Qf No~ades
F:\User Folder\Firm Docs\Wills~3383-1 his.will wpd
Page 8 of 8
F:\User Folder~Firm DocskEstates~3 618- I certification.wpd
CERTIFICATION OF NOTICE UNDER RULE 5.6(a)
Name of Decedent: HELEN L. SHANK
Date of Death: May 23, 2004
Will No. 2004-0538
To the Register:
I certify that notice of beneficial interest 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 June
2004. --.,
Name Address
Centerville Lutheran Church 1874 Walnut Bottom Road, Newville, Pennsylvania 17241
Gregory D. Shank 1021 Enola Road, Carlisle, Pennsylvania 17013
Jeffrey D. Shank HC 1, Box 890, Tannersville, Pennsylvania 18372
Notice has not been given to all persons entitled thereto under Rule 5.6(a) except: N/A
HANFT & KNIGHT, P.C/
Date: June 19/ , 2004 Q an M. Shultz, Esquire
Attorney I.D. No. 90946
19 Brookwood Avenue,
Suite~l-0~
Carlisle, Pennsylvania 17013-9142
Telephone (717) 249-5373
Capacity: Counsel forpersonal representatives
COMMONWEALTH OF PENNSYLVANIA REV 1162 EX(11 96)
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT 280601
HARRISBURG, PA 17128 0601
PENNSYLVANIA
RECEIVED FROM~ INHERITANCE AND F~TATE TAX
OFFICIAL RECEIPT
NO. CD 0O4298
SHANK GREGORY D
1021 ENOLA ROAD
CARLISLE, PA 17013
ACN
ASSESSMENT AMOUNT
CONTROL
NUMBER
fold
101 $6,200.00
ESTATE INFORMATION: SSN: 161327497
FILE NUMBER: 2104 0538
DECEDENT NAME: SHANK HELEN L
DATE OF PAYMENT: 08/23/2004
POSTMARK DATE: 08/23/2004
COUNTY: CUM BERLAN D
)ATE OF DEATH: 05/23/2004
TOTAL AMOUNT PAID: $6,200.00
REMARKS: G D SHANK
CHECK// 116
INITIALS: VZ
SEAL RECEIVED BY: GLENDA FARNER STRASBAUGH
REGISTER OF WILLS
REGISTER OF WILLS
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INHERITANCE TAX RETURN
RESIDENT DECEDENT
FILE NUMBER
21
COUNTY CODE
04
YEAR
0538
NUMBER
COMMONWEAL1'}I OF PENNSYLVANIA
DEPARTMENT OF REVENUE
OEPT.280601
HARRISBURG. PA 17128-0601
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I DECEDENTS NAME (LAST, FIRST, AND MIDDLE INITIAL)
! Shank, Helen L.
I DATE OF DEATH (MM-DD-YEAR) DATE OF BIRTH (MM-DO-YEAR)
If' OS/23/2004 10/07/1923
(IF APPLICABLE) SURVIVING SPOUSE'S NAME ( LAST, FIRST AND MIDDLE INITIAL)
I ~ ,. 0';9;nol Relum
I 0 4. Limited Estate
: ~ 6
D 9.
SOCIAL SECURITY NUMBER
4a. Future Interest Compromise (date of death after
12-12-82)
7. Decedent Maintained a Living Trust (Attach
copy of Trusl)
10. Spousal Poverty Credit (date of death between
12-31-91aa,d1-1-951-
THIS SECTION MUST BE COMPLETED.ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO:
NAME COMPLETE MAILING ADDRESS
I Sean M. Shultz, Esquire
IRM NAME (If applicable)
Knight & Associates, P.C.
~ELEPHONE NUMBER
I 717/249-5373
-r-'-;~:~-I"~~~~:~~chedule A)
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Decedent Died Testate (AlIach copy
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Litigation Proceeds Received
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2. Stocks and Bonds (Schedule B)
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3. Closely Held Corporation, Partnership or Sole-Proprietorship
4. Mortgages & Notes Receivable (Schedule D)
5. Cash, Bank Deposits & Miscellaneous Personal Property
(Schedule E)
6. Jointly Owned Property (Schedule F)
D Separate Billing Requested
7. Inter.vivos Transfers & Miscellaneous Non-Probate Property
(Schedule G or L)
8. Total Gross Assets (total Lines 1.7)
9. Funeral Expenses & Administrative Costs (Schedule H)
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I)
11. Total Deductions (total Lines 9 & 10)
12. Net Value of Estate (Line 8 minus Line 11)
THIS RETURN MUST BE FilED IN DUPLICATE WITH THE
REGISTER OF WILLS
SOCIAL SECURITY NUMBER
o 3. Remainder Return (dale of death prlor to 12-13-82)
o
5. Federal Estate Tax Retum Required
8. Total Number of Safe Deposit Boxes
o 11.Election to tax under$ec. 9113{A) (AlIach Sch 0)
11 Roadway Drive, Suite B
Carlisle, PA 17013
(1)
OFFiCIAL. USito,JLr
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,
147,582.67
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(2)
None
(3)
(4)
(5)
(6)
(7)
None
None
23,448.44
None
None
(8)
171,031.11
(9)
(10)
10,330.41
4,010.00
(11)
14,340.41
(12)
156,690.70
1,000.00
155,690.70
13. Charitable and Governmental Bequests/See 9113 Trusts for which an election to tax has not been
made (Schedule J)
14. Net Value Subject to Tax (Line 12 minus Line 13)
(13)
(14)
SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES
15.Amount of Line 14 taxable at the spousal tax rate, x .00 (15)
or transfers under Sec. 9116(a)(1.2)
z 155,690.70 .045 (16)
0 16.Amount of Line 14 taxable at lineal rate x
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.. 17. Amount of Line 14 taxable at sibling rate x .12 (17)
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~ 18. Amount of Line 14 taxable at collateral rate x .15 (18)
19. Tax Due (19)
7,006.08
7,006.08
20. D
CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT.
,,,,,",,>
>>BE SURE TO ANSWER ALL. QUESTIONS 'ON.REVERSE SIDE ANoRECHE"CK MATH<<
Copyright 2000 form software only The Lackner Group, Inc.
()>-.
Form REV-1500 EX (Rev. 6-00)
Dece,dent's Complete Address:
STREET ADDRESS
38 Strawberry Court
CITY
Carlisle
iSTATE PA
I ZIP 17013
Tax Payments and Credits:
1. Tax Due (Page 1 Line 19)
2. Credits/Payments
A. Spousal Poverty Credit
B. Prior Payments
C. Discount
(1)
7,006.08
6,200.00
326.32
Total Credits (A + B + C)
(2)
6,526.32
3. InteresUPenalty if applicable
D. Interest
E. Penalty
TotallnteresUPenalty (D + E)
4. If Line 2 is greater than Line 1 + Une 3, enter the difference. This is theOVERPAYMENT.
Check box on Page 1 Lil1e 20 to request a refund
5. If line 1 + Line 3 is greater than Une 2, enter the difference. This is theTAX DUE.
A. Enter the interest on the tax due.
B. Enter the total of Line 5 + 5A. This Is theBALANCE DUE
(3) 0.00
(4)
(5) 479.76
(5A)
(5B) 479.76
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;............................................................................. ~ ~
~: ~:::~ ~h~e~~~:i~~~~s:~~;:s~~~.~~~~~.~.~~.~~~.:.~~:.~~~..t.~~.~.~~~~.~~.~..~.~.i~. i.~.~.~.~~~..............................~~:::: :::::::~~..... ~
d. receive the promise for life of either payments, benefits or care?........................................................... [8J
2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without
receiving adequate consideration?................................................................................................................ 0 ~
3. Did decedent own an Min trust for" or payable upon death bank account or security at his or her death?......... 0 [8J
4. Did decedent own an Individual Retirement Account, annuity, or other non.probate property which
contains a beneficiary designation?. ..... .... ... ..... ... .... ......... ... ...... .... ... ..... ... ... .... ..... ... ... .... .... ........ ... .......... ...... 0 ~
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
1021 Enola Road
Carlisle, P A 17013
~~
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I'ATE /
I/Z5-/o';-
DATE
'!'t-'S""/bS"
ADDRESS
HC I, Box 890
Tannersville, PA 18372
ADDRESS
II Roadway Drive. Suite B
Carlisle, PA 170b
.,:lR1
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 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)l. The statutedoes not exemota 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)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.
A. Settlement Statement
U.S. Oepa1'\rTlen\ of Housing and Urban Development
D T..__" ^,," .,_ "M.. ""0.' "'DO.
I, g~"A 2. ~~mHA 3. OConv. Unins. T 6. File ~~r:.~ ') I l' Ulan Number T8.. Mal't\1.ar.e Il\S.\IrAoce Case Number
4 V' ~ I' on KARO -04
C. Note: hls form 's ~ iS~ed to give.,..,.. a 11alemlln\ 01 Ktual Selllemenl eOSI1. Amounts p.!Ild 101M by lhl sem.....enl agent ilia S~QWI1 I TiUeEJtprll" Setllement System
n",".m"ked.lPoc}"_.P.'dOUISI<lelhedol"'9.1t>ey_I~he...for"'onnlll'onPU...~."",.r.I\OI,ncluded",hetollll..
W~ANING" is. C""'e to kl''''''''''91Y mike ,aI'l SlllemtIfIlS lei ~"lJ!W.ed $lw.s on \l\IS 01 ... Q\I'N s,"",,,, term. ?"'~In won ,m
D NAMI: OF nORRowER: JOHN P. KAROLY, III and JOSHUA E. KAROLY
,
E, NAME OF SELLER: THE ESTATE OF HELEN L. SHANK
F. N^M~OF LENDER: N/A
G. PROrERTY ADDRESS: 38 STRAWBERRY DRIVE, Carlisle, PA 17013
t'oulh Mjddlnt~n T"wnshi"
: II. SETTLEMENT AGEtH: Salzmann, Hughes & Fishman, P.c., Telephone: 717-249-6333 Fax: 717-249-7334
_. ."., . .. 9( Ab;and;" c-~i'n'n DoaA rarlisl'" PA '7011
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.
SCHEDULE A
REAL ESTATE
COMMONWEALTH OF PENN$Y\.VANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
I FILE NUMBER
21 - 04 - 0538
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 property 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.
Shank, Helen L.
ITEM DESCRIPTION VALUE AT DATE OF
NUMBER DEATH
I Real Estate situate at 38 Strawberry Drive, South Middleton Township, Carlisle, Pennsylvania 147,582.67
TOTAL (Also enter on Line 1, Recapitulation) 147,582.67
.
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
COMMONWEALTH OF PENNSYlVANIA
INMERtTANCE TAX RETURN
RE$IOENT DECEDENT
ESTATE OF Sh nk 1
a ,HeenL.
I FILE NUMBER
21-04-0538
Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with the right of
survlvorshop must be disclosed on schedule F.
ITEM DESCRIPTION VALUE AT DATE OF
NUMBER DEATH
1 Waypoint Checking Account No. 1700007967 9,114.15
2 Waypoint Retirement Account No. 1723014568 2,345.55
3 Waypoint Certificate of Deposit No. 1754220514 10,016.39
4 1997 Escort Sedan 1,500.00
5 Refund from Sentinel 50.22
6 Refund from Highmark BlueShield 48.81
7 Property Tax Rebate 246.82
8 Condo Fee Refund 53.50
9 Condo Insurance Refund 73.00
TOTAL (Also enter on Line 5, Recapitulation)
23,448.44
.
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Shank, Helen L.
I FILE NUMBER
21 - 04 - 0538
Debts of decedent must be reported on Schedule I.
ITEM I DESCRIPTION AMOUNT
NUMBER
A. FUNERAL EXPENSES:
I Hoffman-Roth Funeral Home 6,774.00
2 Westminster Cemetery 995.00
I
I
I
B. ADMINISTRATIVE COSTS:
1. Personal Representative's Commissions
Social Security Number(s) I EIN Number of Personal Representative(s):
Street Address
City State Zip
-
Year(s) Commission paid
2. Attorney's Fees to Hanft & Knight, P.C./Knight & Associates, P.e. 1,300.00
3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation)
Claimant
Street Address
City State Zip
Relationship of Claimant to Decedent
4. Probate Fees to Register of Wills 299.00
5. Accountant's Fees
6. Tax Return Preparer's Fees
7.
I
Other Administrative Costs
The Sentinel - advertise letters
149.99
2
Cumberland Law Journal- advertise letters
60.00
_L
Total of Continuation Schedule(s)
TOTAL (Also enter on line 9, Recapitulation)
752.42
10,330.41
*'
ScheckJIe H
Funeral Expenses &
Mninislralive Costs cootinuecl
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Shank, Helen L.
I FILE NUMBER
21-04-0538
3
Income Tax Preparation - estimate
100.00
4
Travel Expenses for Co-Executor (6 trips of288 miles each round trip. Federal mileage
reimbursement rate ($0.375) from Tannersville, PA to Carlisle, PA
5
Postage
648.00
4.42
Page 2 of Schedule H
.
SCHEDULE I
DEBTS OF DECEDENT, MORTGAGE
LIABILITIES, & LIENS
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEoeNT
ESTATE OF
Shank, Helen L.
I FILE NUMBER
21 - 04 - 0538
Include unreimbursed medical expenses.
ITEM DESCRIPTION AMOUNT
NUMBER
1 Condo Fee 856.00
2 Bon-Ton 21.73
3 Bank Card Services - Visa 117.50
4 PP&L 310.53
5 Comcast Cable 10.93
6 Water/Septic 198.00
7 Sprint 32.84
8 Real Estate Taxes 1,477.93
9 Lawn Service 200.00
10 West Shore Ambulance Service 585.54
11 Electric 100.00
12 Trash 99.00
TOTAL (Also enter on Line 10, Recapitulation) 4,010.00
REV-1513 EX+ (9-QO)
*'
SCHEDULE J
BENEFICIARIES
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
NUMBER
NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY
I FILE NUMBER
21-04-0538
RELATIONSHIP TO I AMOUNT OR SHARE
DECEDENT , OF ESTATE
01J.Jat..Irultae(_\ I
son 50% resIdue
ESTATE OF
Shank, Helen L.
I.
I
TAXABLE DISTRIBUTIONS (include outright spousal distributions)
Gregory D. Shank
1021 Enola Road
Carlisle, PA 17013
2 Jeffrey D. Shank
HC I, Box 890
Tannersville, PA 18372
son
50% residue
I
I
I
Enter dollar amounts for distributions shown above on lines 15 through 18, as appropriate, on Rev 1500 cover she t
II. !NON-TAXABLE DISTRIBUTiONS:
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT
BEING MADE
i
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
Centerville Lutheran Church
1,000.00
I
TOTAL OF PART 11- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET
1,000.00
LAST WILL AND TESTAMENT
OF
HELEN L. SHANK
I, HELEN L. SHANK, on 8 Strawberry Court, Carlisle, Cumberland County, Pennsylvania,
being of sound and disposing mind, memory and understanding, do make, publish and declare this
to be my Last Will and Testament, hereby revoking and making void all previous Wills and Codicils
heretofore made by me.
I
I order and direct my personal representative hereinafter named to pay all of my just debts,
funeral expenses and expenses involved or connected with the administration of my estate as soon
after my death as is reasonably possible. However, my personal representative need not accelerate
and pay those unmatured obligations which, in his, her or its opinion, it might be proper and more
advantageous to retain or renew and pay as they become due and payable. If I do not own a burial
plot or a grave marker at the time of my death, I authorize my personal representative, in his, her or
its sole discretion, to purchase a burial plot and to erect a suitable grave marker at my grave, and to
expend sums from my estate for this purpose.
2
I give, devise and bequeath the rest, residue and remainder of my estate, together with all
insurance proceeds thereon of whatever nature and wheresoever situate as follows:
a. One Thousand ($1,000.00) Dollars to the CENTERVILLE LUTHERAN
CHURCH, of 1874 Walnut Bottom Road, Newville, Cumberland County, Pennsylvania;
Page 1 of 8
LAST WILL AND TEST AMENT OF HELEN 1. SHANK
b. I give, devise and bequeath the rest, residue and remainder of my estate
together with all insurance proceeds thereon of whatsoever nature and wheresoever situate in equal
shares to my sons, if they survive me by sixty (60) days. In the event that my son, JEFFREY D.
SHANK, ofHC I, Box 890, Tannersville, Pennsylvania, does not survive me by sixty (60) days, the
full share shall go to my son, GREGORY D. SHANK, of 1 021 Enola Road, Carlisle, Pennsylvania.
In the event that my son, GREGORY D. SHANK, does not survive me by sixty (60) days, his share
shall go to his daughters KIMBERLY R. BECKERLEGG of 22 Orange Street, Carlisle,
Pennsylvania, and JAMEY L. KELLEY of2165 Newville Road, Carlisle, Pennsylvania. Ifboth
of my sons do not survive me by sixty (60) days, I give, devise and bequeath the rest, residue and
remainder of my estate together with all insurance proceeds thereon of whatsoever nature and
wheresoever situate in equal shares to the aforesaid KIMBERLY R. BECKERLEGG andJAMEY
L. KELLEY, per stirpes, if they survive me by sixty (60) days. It is further my desire that my
personal representative, after consultation with any heir or heirs of mine who survive me, and in his,
her or its own discretion, choose such articles from my tangible personal property (exclusive of cash,
stock certificates, bonds, and all other tangible evidences of intangible personal property) as he, she
or it believes will be useful to such heir or heirs or desirable for him or her or them to have, either
from a sentimental point of view or otherwise, and to deliver such articles to such heir or heirs or
among such heirs in equal or unequal shares as determined by the further exercise of his, her or its
discretion, provided no other heir objects to the distribution. All tangible personal property not so
distributed is to be sold, either publicly or privately, by my personal representative, adding the
proceeds of such sale or sales to my residuary estate and to be disposed of in equal shares among my
residual beneficiaries after payment of my estate debts, taking into account the tangible personal
property otherwise provided to them.
3
Page 2 of 8
LAST WILL AND TESTAMENT OF HELEN L. SHANK
I grant my personal representative the following powers in addition to and not in limitation
of such powers as my personal representative shall hold by law:
(a) To retain all property received including the stock of any corporate fiduciary acting
hereunder, provided such property remains productive.
(b) To join in any corporation, partnership, recapitalization, merger, reorganization or
voting trust plan; to delegate authority with respect thereto; to deposit investments
under agreements and pay assessments; and generally to exercise all rights of
investors, including but not limited to, the voting of shares.
(c) To manage, operate, repair, improve, mortgage or lease on any terms any real estate
held or owned by my estate.
(d) To operate any business that I may own at my death.
(e) To invest any funds of my estate in any stocks, bonds, notes or other securities or
property, real or personal, without regard to the principle of diversification or any
other statute or general rule of law in his, her or its absolute discretion, it being my
intention to give mypersonal representative the broadest investment powers possible,
providing such investments do not unnecessarily prevent the prompt settlement of my
estate.
(f) To sell or otherwise dispose of any property, real or personal, tangible or intangible,
at any time forming a part of my estate in any manner and on such terms and
conditions as my personal representative shall see fit in his, her, or its absolute
discretion.
(g) To borrow money for the payment of taxes or for any other proper purposes in the
administration of my estate, and to mortgage or pledge estate assets as security.
(h) To compromise claims without court approval including, but not limited to, any
controversies with the United States of America or the Commonwealth of
Page 3 of 8
LAST WILL AND TESTAMENT OF HELEN 1. SHANK
Pennsylvania concerning estate and inheritance taxes on any interests that may pass
under this my Last Will and Testament.
(i) To distribute in cash or in kind upon any division or distribution of my estate.
U) To undertake any and all acts deemed necessary and proper by my personal
representative for the proper, advantageous and prompt management of the
settlement of my estate.
(k) In general, to exercise all powers in the management of my estate, which any
individual could exercise in the management of similar property owned in his own
right, upon such terms and conditions as to him, her or it may seem best and to
execute and deliver all instruments and to do all acts which he, she or it deems
necessary or proper to carry out the purposes of this, my Last Will and Testament.
4
No interest of any beneficiary of my estate, either in income or in principal, shall be subject
to anticipation or pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have
the power in any manner to charge or encumber his interest either in income or principal, nor shall
the interest of any beneficiary be liable or subject in any manner while in the possession of my
personal representative for the liability of such beneficiary.
5
I nominate, constitute and appoint my sons, JEFFREY D. SHANK and GREGORY D.
SHANK, as Co-Executors of this my Last Will and Testament. I direct that my personal
representative shall not be required to give or post bond for the faithful performance of his, her or
its duties in this or any other jurisdiction.
6
Page 4 of 8
LAST WILL AND TESTAMENT OF HELEN L. SHANK
I hereby declare it to be my express desire that my personal representative employ Michael
J. Hanft, Esquire, of the law firm of Hanft & Knight, P.C, of Cumberland County, Pennsylvania,
for legal advice and assistance regarding this my Last Will and Testament, they having considerable
knowledge of my affairs, views and wishes respecting any matters that may arise at the probate of
this instrument, the administration of my estate, and the execution of the powers herein mentioned.
Any mention of Hanft & Knight, P.C. in this my Last Will and Testament, is my free and voluntary
act and through no influence by any person.
Page 5 of 8
LAST WILL AND TESTAMENT OF HELEN 1. SHANK
IN WITNESS WHEREOF, I have hereunto set my hand to this my Last Will and Testament
this I'Z.-P\ day of December, 2003.
WITNESS:
~4
~lniJll #;bfii
~~ C(; .AI,.{~
Helen 1. Shank
Page 6 of 8
I
I
LAST WILL AND TEST AMENT OF HELEN 1. SHANK
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
I, Helen 1. Shank, the Testatrix whose name is signed to the attached or foregoing
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.
~t-.'/.;;(: d 1i.e,J.J
Helen 1. Shank
Sworn or affirmed and acknowledged before me by Helen 1. Shank, the Testatrix, this
J 2ib day of December, 2003.
"JIiltJ -nit ~1(:}W .J
NotaJIaI Seal
Dolly M. Housel, Nolary Public
South Mi_ Twp., Cumbe~and County
My Conmssion EJepires Sept. 24, 2006
_ Pen""""""'" A."5IJdation Of Notaries
Page 7 of 8
LAST WILL AND TESTAMENT OF HELEN 1. SHANK
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
WE, c~Vl)l/. Shu/t-t-
and rr;;; MJu/P L fJpj..ppS
,
,the
witnesses whose names are attached to the foregoing document, being duly qualified according to
law, do depose and say that we were present and saw Helen 1. Shank sign and execute the
instrument as her Last Will and Testament; that she signed willingly and that she executed it as her
free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing
and sight of the Testatrix signed the Last Will and Testament as witnesses and that to the best of our
knowledge the Testatrix was at the time 18 or more years of age, of sound mind and under no
constraint or undue influence.
(~;tf9Jr
~J.r..{/,f,/ iJl<f,{::
Sworn or affirmed and subscribed before me by Se.<l"\ 11. Sf-,/J tl--z- and
rJOf1ilUi.,f ( jJef.ffiS thisJ.2.~ dayofDecember, 2003.
,
Notarial Seal
Dolly M. Housel. Notary Public
South Middleton Twp., Cumbar1and County
My Corrmission Expires Sept 24, 2006
lJ~j j *-1111 4JJ nbl-( /
. a \ I
Membc'!r O"',,""'.....~ni.. I\s~~tinn ()f Notaries
F;\User Folder\Finn DocsIWills\3383-1hls.wiILwpd
Page 8 of 8
KNIGHT & ASSOCIATES P.C.
Attorneys at Law
January 26,2005
c')
Register of Wills
1 Courthouse Square
Carlisle, Pennsylvania 17013
;' )
RE: Estate of Helen L. Shank
Estate No. 21-04-0538
My File No. 3618.1
Dear Register of Wills:
Enclosed for filing please find an original and two copies of the Inheritance Tax Return in
the above-referenced estate. Please return a time-stamped copy to my office in the enclosed self-
addressed, stamped envelope. I have also enclosed a check in the amount of$15.00 representing the
filing fee for the return and a check in the amount of$479.76 representing the inheritance tax that
is due.
Should you have any questions or wish to discuss this matter further, please do not hesitate
to contact me.
Very truly yours,
KNIG
,
'-
SMS/dmh
Enclosures
F:\User FolderlFirm Docs\Estates\3618-Jreg.wills.wpd
11 Roadway Drive Suite B Carlisle, PA 17013~8806
.
717.249.5373 717.249.0457 fax
\>-
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT,280601
HARRISBURG, PA 17128.0601
REV-1162 EX(11-96)
RECEIVED FROM:
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
SHULTZ SEAN M
19 BROOKWOOD AVENUE
SUITE 106
CARLISLE, PA 17013
nn_n_ fold
EST A TE INFORMATION: SSN: 161-32-7497
FILE NUMBER: 2104-0538
DECEDENT NAME: SHANK HELEN L
DATE OF PAYMENT: 01/27/2005
POSTMARK DATE: 01/26/2005
COUNTY: CUMBERLAND
DATE OF DEATH: OS/23/2004
NO. CD 004886
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
101 I $479.76
I
I
I
I
I
I
I
I
TOTAL AMOUNT PAID:
REMARKS:
CHECK#1024
SEAL
INITIALS: JA
RECEIVED BY:
REGISTER OF WILLS
$479.76
GLENDA FARNER STRASBAUGH
REGISTER OF WILLS
ORPHANS' COURT DIVISION OF THE
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
STATUS REPORT UNDER RULE 6.12
Name of Decedent: HELEN L. SHANK
Date of Death: May 23,2004
Admin. No. 21-04-0538
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:
1. State whether administration of the estate is complete:
Yes -1L- 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 -1L- No
d. Copies of receipts, releases, joinders and approvals of formal or informal accounts
may be filed with the Clerk of the Orphans' Court and may be attached to this report.
Date: 5}Z) 05
Respectfully submitted,
L~~
Sean M. Shultz, Esquire
Attorney ill No. 90946
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17013
(717) 249-5373
Counsel for personal representative
F:\User Folder\Firm Docs\Estates\3618-lstatus.report.wpd
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