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HomeMy WebLinkAbout04-0182PETITION FOR PROBATE and GRANT OF LETTERS Estate of Ray M. Souder. Sr. No. also known as ' Ray Melvin' Souder To: Register of Wills for the , Deceased. County of Cumberland in the Social Security No. 196-14- 3658 Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of a,~ o[ olc[e.r a.B the executors nga4med in the last wilt of the above decedent, dated ~.~ _&prll , 19__ and codicil(s) dated N/A (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decendent was domiciled at death in Cumberland County, Pennsylvania, with is last family or principal residence at 6000 Creekview Road, Me~hanicsburg, PA (list street, number and muncipality) Decendent, then 86 years of age, died February 12 ~ 2004 ,, at $eidle Memorial Hospital:; Mechanicsburg, Pennsylvania Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of tt~ ~ill offered for probate; was not the victim of a killing and was never adjudicated incompetent: Decendent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (If not domiciled in Pa.) Personal property in Pennsylvania (If not domiciled in Pa.) Personal property in County Value of real estate in Pennsylvania situated as follows: -O- WHEREFORE, petitioner(s) respectfully presented herewith and the grant of letters theron. Fay E Souder 6000 Creekview Road Mechanicsburg: PA 170S0 r.eque, st(s) the probate of the last will and codicil(s) reszamenrary (testamentary; administraffbn c.t.a.; administration d.b.n.c.t.a.) Linfotd N. Kinrle)>< ~ / 1050//lkmber~ Court \/ Mec,h/micsburg, PA 1%50 OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA 'h COUNTY OF f ss The petitioner(s) above-named sw.ear(s) or affirm(s) that the statements in the foregoing petition are true and correct to the best of the knowledge and betief of petitioner(s) and that as personal represen- tative(s) of the above decedent petitioner(s) will well arl.d truly administer the estate according to law. Sworn to or affirmed and subscribed < before me this ,~o~ ~',-/ d~y of Fay E. Souder . ~' No. Estate of Ray M. Souder, Sr. , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW f~'~&~f ~ ~z~6 ~, in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated 29 ~r-il I994 described therein be admitted to probate and filed of record as the last wil! of Ray M, Souder: gr_ and Letters Testamentary., are hereby granted to Fay E. Souder and l,in_ford N. KSnney FEES Prob~t~, Letters, Et~ .......... l~,,. ,~z ~-~ ~i~o~t'~e~ificates( ) .......... nciation ....... : ........ $ TOTAL ~' ~ William E. Miller, Jr. #07220 ATTORNEY (Sup. Ct· I.D. No.) 1822 Market Street, Camp, Hill~ P& 17011 ADDRESS 717/737-9210 PHONE his is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as l,ocal Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $2.00 Local Registrar~ - /- ~' COMMONWEALTH OF PENNSYLVANIA · OEPARTMENT OF HEALTH · VITAL RECORDS CERTIFICATE OF DEATH i1.Ray ~e Souder Sr. ale AIEOFOE.~TH=~c~Oa¥.~) ^~t~.,, u~.,~ ' ~.,o~ ' o~. 1' [' ' -- -- ]Feb. 12, 2004 : /7/1917 M~;~.._~A .~,. ~ ~C {~ ~ ~ ~-- ~ ~la~ ' ' ~' ~ ~CE~'S USU~ ~r[,~ ' ~' I. ' ' m. ~ ,,. Ret. F~ 6000 Creekview Rd. Mechanicsburg, PA 17050 ,~.~ ,,. Melvin C, Souder ,, Evelyn Mann · h-,. 6000 Creekview Rd.. ~h~ni~_~htr~. PA 17050 ~-r.oo~.~..~,~._._ ~.,~il c,,.~o. Fl ~.-~,--..,.U] l:E°~n'~"~"-.~-, I~, ~ ~ ~ ,F~.17, 2004 IMt. zion C~te~ ~nroe ~., PA - ' · ~ ~Ket Plaza Wa ~ ~~~ ~~ I,,,. 011667 L ~l~zzl D!neral __~__ ~ 'H / IO~EpR~EO~M~,~y.~ I~FER~DIO~E~INE~R?. / ' ~AC~E~, ' ' //' ' / - ' / 'r ~"~ I ' ~ - -- ~m~ ~ ~(~ ~ A C~-~~ ...... t [ -~ - --- - ~ .... I~~ I-. ~ ~- ~1' ........ , I I I ~m~l~R~C~y~ ]~' I~' ITM ¢ ~ - ........... ~ ............ - ......... . ........... .., ........................................ ~ ... ~v~r2t. r ~.~J ¢ ....,c.....,...,co.o... ,.~ ........... . .................................................................................................. ~ ~ :f:~ · LAST WILL AND TESTAMENT OF RAY MELVIN SOUDER I, RAY MELVIN SOUDER, of Cumberland County, Pennsylvania, do hereby make this my Last Will and Testament, revoking any former Wills and Codicils made by me. FIRST: I am married to Fay E. Souder, and all references to my wife in this Will are to her. I have four children: Ray M. Souder, Jr. (born July 6, 1937); Joyce A. Kinney (born July 27, 1939); Shirley Ann Snyder (born November 10, 1940) and Paul H. Souder (born June 29, 1942). These and any other children born to or adopted by my wife and me are described in this Will as "my children," or as "a child of mine." Any person born to or adopted by a child of mine is described in this Will as "my issue." Provided, however, no adopted person shall benefit hereunder unless the order or decree of adoption is entered before such adopted person attains the age of twenty-one (21) years. SECOND: I give my tangible personal property and all casualty insurance that I am carrying on said tangible personal property to my wife, or, if she does not survive me, I give said property to such of my children who are living at my death to be divided equitably among or between them as they may determine, or, if they are unable to agree, as my Executor shall determine, after considering the wishes of such children. I have complete -1- confidence that my wife, my children or my Executor will honor any written instructions that I may leave with regard to said tangible personal property. Any such property not so distributed shall~ be sold, and the proceeds added to my residuary estate to pass as hereafter described. THIRD: I give my son-in-law, Linford N. Kinney, if he shall su~,ive me, cash or other property equal in value to one percent (1%) of the value of my property listed on the inventory of my real and personal estate filed with the Register of Wills of the county of my residence at the time of my death. FOURTH: If my wife shall survive me, I bequeath to my Trustee, hereinafter named, IN TRUST NEVERTHELESS, cash, securi- ties or other property in the amount specified below, to be known as the "Bypass Trust." (1) The bequest shall be $600,000, subject however, to Paragraphs (2) and (3) below. (2) The bequest shall increase or decrease, based upon the availability of my federal unified credit for estate and gift taxes and the maximum allowable federal estate tax credit for state death taxes (but only to the extent that the use of such state death tax credit does not increase the death tax payable to any state), whether due to statutory changes, lifetime gifts in excess of the federal unified estate and gift tax exemption- -2- equivalent amounts, or any other transfer which affects the availability of my federal credits aforesaid. (3) The bequest shall decrease, even to zero, if necessary to reduce federal estate tax payable as a result of my death to zero (excluding, however, any federal estate tax due as a result of an excess retirement accumulation under Section 4980A of the Internal Revenue Code of 1986, as amended, or such similar section as may then be in effect), considering that my intention is to fund the Bypass Trust by using my available federal unified credit for estate and gift taxes and my federal estate tax credit for state death taxes and to eliminate federal estate tax on the balance of my federal taxable estate by using the federal estate tax unlimited marital deduction. FIFTH: I give, devise and bequeath the rest, residue and remainder of my estate, real and personal, to my wife. Should she not survive me, I give, devise and bequeath such rest, residue and remainder to my Trustee, hereinafter named, IN TRUST NEVERTHELESS, to be held, administered and distributed for all purposes as part of the Bypass Trust. SIXTH: The Bypass Trust shall be held, administered and distributed as follows: (1) My Trustee shall pay to or apply for the benefit of any one or more of my said wife, my children and my issue, until division into shares pursuant to Paragraph (3), all of the -3- net income from the Bypass Trust in convenient installments in such shares and proportions as my Trustee in its sole discretion shall determine primarily for the medical care, education, support and maintenance in reasonable comfort of my said wife, children and issue, taking into consideration to the extent my Trustee deems advisable, any other income or resources of my said wife, children and issue known to my Trustee, considering that my wife is the primary object of my bounty. (2) Prior to division into shares pursuant to Para- graph (3), my Trustee may pay to or apply for the benefit of any one or more of my said wife, children and issue such sums from the principal of the Bypass Trust in such shares and proportions as in its sole discretion shall be necessary or advisable from time to time for the medical care, education, support and mainte- nance in reasonable comfort of my said wife, children and issue, taking into consideration to the extent my Trustee deems advis- able, any other income or resources of my said wife, children and issue known to my Trustee, considering that my wife is the primary object of my bounty. Any payment or application of benefits for a beneficiary pursuant to this Paragraph shall be charged against this Trust as a whole rather than against the ultimate distributive share of such beneficiary to whom or for whose benefit the payment is made. -4- (3) Upon the death of my said wife, or upon my death if my wife did not survive me, the entire remaining principal of the Bypass Trust shall be divided into four (4) e~ua] distributed as follows: (a) One share to my son, Ray M. Souder, Jr., if living. If he is not then living, then his share shall be distributed to my Trustee, to be further divided into two (2) separate and equal shares, one share to be held in trust for the benefit of Ray's son, Gregory, and the other share to be held in trust for the benefit of Ray's son, Steven, as further described below. (b) One share to my daughter, Joyce A. Kinney, if living, otherwise to her daughter, Janet. (c) One share to my Trustee, to be held in trust for the benefit of my daughter, Shirley Ann Snyder, as further described below. (d) One share to my son, Paul H. Souder, if then living, and if he is not then living, then to his wife, Alberta, and their son, Michael, in equal shares or to the survivor of them. (4) Any property (including cash) which I have given during my lifetime to a child of mine shall be treated as ad- vancement against that child's share of the Bypass Trust, if I have executed an instrument in writing, or my child has -5- acknowledged in writing, that the gift of property is to be treated as an advancement, and whether or not such child survives me. For this purpose, the property advanced is to be valued as of the time of transfer. (5) If at the time of my death, or at any later time prior to final distribution hereunder, my said wife, my children, and all my issue are deceased and no other disposition of the property is directed by this Trust, then and in that event only, the then-remaining property of this Trust, together with any undistributed income, shall be divided and paid over and distrib- uted one-half (%) to those persons then living who would then be my heirs, their identities and respective shares to be determined in accordance with the law then in effect in the Commonwealth of Pennsylvania, as if I had then died intestate, and one-half (%) to those persons then living who would then be my wife's heirs, their identities and respective shares to be determined in accordance with the law then in effect in the Commonwealth of Pennsylvania, as if she had then died intestate. ~EVENTH: (1) The shares set aside for Gregory and Steven Souder under Article Sixth, Paragraph (3) (a), shall be held, administered and distributed as follows: all of the net income from each share shall be paid in convenient installments to, or applied for the benefit of, the named beneficiary of each share, until complete distribution of the share, as herein provided. In -6- addition to income, my Trustee may pay to or apply for the benefit of the named beneficiary such sums from the principal of the share as my Trustee, in his sole discretion, shall deem necessary or desirable from time to time for the medical care, education, support and maintenance in reasonable comfort of the named beneficiary, taking into account, to the extent my Trustee deems advisable, any other income or resources of the named beneficiary known to my Trustee. Upon the death of the named beneficiary of each share, the undistributed balance of the named beneficiary's share shall be distributed per stirpes to his then living issue, or in default of such issue, to my children and my issue, per stirpes. Provided, however, that if any portion of the share would be distributed to a person for whose benefit a trust is then being administered under this Will, that part shall instead be added to that trust and shall thereafter be administered and distributed according to its terms. (2) The share set aside in trust for my daughter, Shirley Ann Snyder, under Article Sixth, Paragraph (3) (c), shall be held, administered and distributed as follows: all of the net income from her share shall be paid in convenient installments to, or applied for the benefit of, Shirley Ann Snyder, until complete distribution of the share, as herein provided. In addition to income, my Trustee may pay to or apply for her -7- benefit such sums from the principal of the share as my Trustee, in his sole discretion, shall deem necessary or desirable from time to time for her medical care, education, support and mainte- nance in reasonable comfort, taking into account, to the extent my Trustee deems advisable, any other income or resources of hers known to my Trustee. Upon the death of Shirley Ann Snyder, or upon the division and distribution of the Bypass Trust, if she is not then living, the undistributed balance of her trust shall be divided, paid over, and distributed as follows: one-half (%) to her husband, Jerome Snyder, if he is then living, and one-half (%) (or all, if Jerome Snyder is not then living) to my children and my issue, per stirpes. Provided, however, that if any portion of the share would be distributed to a person for whose benefit a trust is then being administered under this Will, that part shall instead be added to that trust and shall thereafter be adminis- tered and distributed according to its terms. (3) Except as otherwise provided herein, if any share hereunder becomes distributable to a beneficiary who has not attained the age of twenty-five (25) years, then such share shall immediately vest in such beneficiary, but notwithstanding the provisions herein, my Trustee shall retain possession of such share in trust for such beneficiary until such beneficiary attains the age of twenty-five (25) years, using so much of the -8- net income and principal of such share as my Trustee deems necessary to provide for the proper medical care, education, support and maintenance in reasonable comfort of such beneficia- ry, taking into consideration to the extent my Trustee deems advisable any other income or resources of such beneficiary or his or her parents known to my Trustee. Any income not so paid or applied shall be accumulated and added to principal. Such beneficiary,s share shall be paid over and distributed to such beneficiary upon attaining the age of twenty-five (25) years, or if he or she shall sooner die, to his or her executors or administrators. I recommend that my Trustee consider dis- tributing all income from such share to such beneficiary when such beneficiary attains the age of twenty-one (21) years. My Trustee shall have with respect to each share so retained all the powers and discretions had with respect to the trusts created herein generally. EIGHTH: Anything in this Will to the contrary notwithstand- ing, all trusts created herein shall terminate no later than twenty-one (21) years after the death of all my descendants living at my death and, if any trust shall so terminate, all property then belonging to the income or principal shall be distributed to those beneficiaries (and in the same proportions) as are then entitled to receive the income therefrom. -9- NINTH: If any beneficiary and I should die under such circumstances as would render it doubtful whether the beneficiary or I died first, then it shall be conclusively presumed for the purposes of this my Will that said beneficiary predeceased me; provided, however, that if my wife shall die with me as afore- said, I direct that my wife shall be conclusively presumed to have survived me. TENTH: (1) I name my wife, Fay E. Souder, and my son-in- law, Linford N. Kinney, as my Co-Executors. If my wife is unable or unwilling to serve, Linford N. Kinney shall serve alone as my Executor. I direct that my Co-Executors, and their successors, herein referred to as my Executor regardless of number or gender, serve without bond in any jurisdiction in which called upon to act. (2) I name my wife, Fay E. Souder, and my son-in-law, Linford N. Kinney, as my Co-Trustees. If my wife is unable or unwilling to serve, Linford N. Kinney shall serve alone. I direct that my Co-Trustees, and their successors, herein referred to as my Trustee regardless of number or gender, serve without bond in any jurisdiction in which called upon to act. (3) Except as otherwise provided herein, if all those persons named in Paragraph (2), or any successor as herein defined, should fail to qualify as Trustee hereunder, or for any reason should cease to act in such capacity, the successor or -10- substitute Trustee shall be some bank or trust company with trust powers, which successor or substitute Trustee shall be designated in a written instrument filed with the court having jurisdiction over the probate of my estate and signed by my wife, or if she fails to act, signed by or on behalf of a majority of my children who have attained the age of eighteen (18) years, or if they fail to act, by the court having jurisdiction over the Trust. The situs of the Trust may be transferred to the situs of such successor or substitute Trustee by designation in the written instrument aforesaid. ELEVENTH: (1) I give to any Executor and to any Trustee named in this Will or any Codicil hereto or to any successor or substitute Executor or Trustee all of the powers enumerated in this Will and all of the powers applicable by law to fiduciaries in the Commonwealth of Pennsylvania and in particular through the Pennsylvania Probate, Estates and Fiduciaries Code, as effective and as in effect on the date hereof, during the administration and until the completion of the distribution of my estate, and until the termination of all trusts created in this Will or any Codicil hereto and until the completion of the distribution of the assets of such trusts. I direct that all such powers shall be construed in the broadest possible manner and shall be exer- cisable without court authorization. -11- (2) In determining the federal estate and income tax liabilities of my estate, my Executor shall have discretion to select the valuation date and to determine whether any or all of the allowable administration expenses in my estate shall be used as federal estate tax deductions or as federal income tax deduc- tions and shall have the discretion to file a joint income tax return with my wife. (3) If at any time any trust created hereunder (or any share thereof if the trust shall have been divided into shares) shall be of such value that, in the opinion of my Trustee, the administration expense of holding the assets contained therein in trust is not justified, my Trustee, in its absolute discretion, may terminate such trust and distribute the trust property to the person or persons then entitled to receive or have the benefit of the income therefrom or the legal representative of such person. If there is more than one income beneficiary, my Trustee shall make such distribution to such income beneficiaries in the proportion in which they are beneficiaries or if no proportion is designated in equal shares to such beneficiaries. (4) My Executor and Trustee are authorized and empow- ered to acquire and to retain, either permanently or for such period of time as my Executor or Trustee may determine, any assets, including the capital stock of any closely held corpora- tion, whether such assets are or are not of the character ap- proved or authorized by law for investment by fiduciaries and whether such assets do or do not represent an overconcentration in one investment. (5) My Executor and my Trustee are authorized and empowered to disclaim any interest, in whole or in part, of which I, my Executor, or my Trustee, may be the beneficiary, devisee, or legatee, by executing an appropriate instrument (in accordance with section 2518 of the Internal Revenue Code of 1986, as amended, or such similar section as may then be in effect). (6) My Executor and Trustee are authorized and empow- ered to sell at public or private sale, or exchange, and to encumber or lease, for any period of time, any real or personal property and to give options to buy or lease any such property. Additionally, my Executor and Trustee are authorized and em- powered to compromise claims, to borrow from anyone (including a fiduciary hereunder) and to pledge property as security therefor, to make loans to and to buy property from anyone (including a fiduciary or beneficiary hereunder); provided that any such loans shall be adequately secured and at a fair interest rate. (7) My Executor and Trustee are authorized and empow- ered to allocate property, charges on property, receipts and income among and between principal or income, or partly to each, without regard to any law defining principal and income. -13- TWELFTH: No person who at any time is acting as a co- trustee (if any) hereunder shall have any power or obligation to participate in or to exercise any discretionary authority that I have given to my Trustee to pay principal or income to such person, or for his or her benefit or in relief of his or her legal obligations. Such discretionary authority shall be exer- cised solely by the disinterested co-trustee. THIRTEENTH: No interest of any beneficiary under this Will, any Codicil hereto, or any trust created herein, shall be subject to anticipation or to voluntary or involuntary alienation. FOURTEENTH: All estate, inheritance, succession and other death taxes imposed or payable by reason of my death and interest and penalties thereon with respect to all property comprising my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid out of the residue of my estate, as if such taxes were expenses of administration, without apportionment or right of reimbursement. I authorize my Executor and Trustee to pay all such taxes at such time or times as deemed advisable. -14- IN WITNESS WHEREOF, I have set my hand and seal on this my Last Will and Testament this ~ day of ~~ , 1994. ~E SOUDE~ (SEAL) SIGNED, SEALED, PUBLISHED, and DECLARED by RAY MELVIN SOUDER, as and for his Last Will and Testament, on the day and year last above written, in the presence of us, who, at his request, in his presence, and in the presence of each other, all being present at the same time, have hereunto subscribed our names as witnesses: -15- SELF-PROVING AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF DAUPHIN : WILLIAM E. MILLER, JR. WE, RAY MELVIN SOUDER and , and PAMELA S. WOLFE , the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and that he had signed willingly (willingly directed another to sign for him), and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witness and to the best of his or her knowledge the Testator was at that time eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. RAY MELVIN SOUDER, Testator Witness Subscribed, sworn to, and acknowledged before me by RAY MELVIN SOUDER, the Testator, and subscribed and sworn to before me by WILLIAM E. MILLER, JR. PAMELA S. WOLFE of ~¢~ , 1994. i - ' NOTARIAL SEAL ] MARJORIE L. JOHNSON, Notary Public ~ Mechanicsbura. Cumberland County | My Commission ~xcires January 30. 1995~ , witnesses, this , and day Notary Public -16- PETITION FOR PROBATE and GRANT OF LETTERS Estate of Ray M. Souder. Sr. No. also known as. Ray Melvin' Souder To: Register of Wills for the , Deceased. County of Cumberland Social Security No. 196-14- 3658 Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of a,~ ot ol4e~r an the executOrs in the last wilt of the above decedent, dated .bkpTll '~" and codicil(s) dated N/A in the ' named ,19 94 h (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decendent was domiciled at death in Cumberland County_Pennsylvania, with is last family or principal residence at 6000 Creek-view Road, Me/:hanicsburg, PA (list street, number and muncipality) Decendent, then 86 years of age, died February. 12 ~Sj( 2004 , at Seidle Memorial Hospital:~ Mechanicsburg, Pennsylvan-ia Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of tl¥} hill offered for probate; was not the victim of a killing and was never adjudicated incompetent: l~/~ Decendent at death owned property with estimated values as follows: (If domiciled i.n Pa.) All personal property $ (If not domiciled in Pa.) Personal property in Pennsylvania $ (If not domiciled in Pa.) Personal property in County $ Value of real estate in Pennsylvania $ situated as follows: WHEREFORE, petitioner(s) respectfully presented herewith and the grant of letters theron} Fay E. Souder 6000 Creekview Road Mechanicsburg.. PA 17050 rfque.st(s) the probate of the last will and codicil(s) testamentary (testamentary; administratqbn c.t.a.; administration d.b.n.c.t.a.) 105 errT Court Mech/micsbur-~. PA 17'050 OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA COUNTY OF The petitioner(s) above-named sw.ear(s) or affirm(s) that the statements in the foregoing petition are true and correct to the best of the knowledge and belief of petitioner(s) and that as personal represen- tative(s) of the above decedent petitioner(s) will well arid truly administer the estate according to law. SWorn to or affirmed and subscribed ~_ x~ ~ ~~ before me this,~g7 T.-/ day of . Fay E. Souder . ~g' No. Estate of Ray M. Souder~ Sr. , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW fW-"~'~o)~'~,f' ~ .,~O~,~, in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated 29 ~ril ]994 described therein be admitted to probate and filed of record as the last will of Ray M, $ouder ~ ~qr_ and Letters Testamentary.- are hereby granted to Fay E. Souder and 1,5rfford N. KLuney FEES Probate, Letters, Et~ .......... $~'?'/9. _ ~ E~ ~h--~o~t'~e~ificates( ) .......... znciation ....... : ........$ $ TOTAL_ Filed .~-.e~.~./.~./Ca .02.. ~z.....~..o.~. ...... William E. Miller, Jr. #07220 ATTORNEY (Sup. Ct. I.D. No.) 1822 Market Street~ Camp ADDRESS 717/737-9210 PHONE PA 17011 CERTIFICATION OF NOTICE UNDER RULE 5, 6(a) Name of Decedent: Ray Melvin Souder, a/k/a Ray M. Souder, Sr. Date of Death: 12 February 2004 Will No. PA Admin. No. 2004-00182 To the Register: I certify that notice of the 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 28 April 2004: Name Address Faye E. Souder 6000 Old Creekview Road Mechanicsburg, PA 17050 Ray M. Souder, Jr. 411 East 3rd Street Birdsboro, PA 19508 Paul H. Souder 203 Ridge Road Carlisle, PA 17013 Shirley Ann Snyder 122 Locust Point Road Mechanicsburg, PA 17050 Joyce A. Kinney 1050 Tunberry Court Mechanicsburg, PA 17050 Linford N. Kinney 1050 Tunberrry Court Mechanicsburg, PA 17050 Notice has now been given to all persons entitled thereto under Rule 5.6(a) except: N/A Date: 14 June 2004 ..,v,~William E. Mill . Esq '1822 Market Street,,,,," Camp Hill, PA 17~'11 '~'-"717/737-9210 Capacity: Personal Representative X Counsel for Personal Representative REAL PROPERTY: None Inventory of the real and personal estate of Ray M. Souder a/k/a Ray Melvin Souder, Sr. '04 AU~ 12 P2:10 ,..,u., F'A PERSONAL PROPERTY: Cash & Securities: The Vanguard Group - 53,422.363 Shares Accrued dividends American Express - 5,335.358 Shares Cumberland Valley Cooperative Assoc. - 27 Shares Miscellaneous 1975 Chevrolet Dump Truck - VIN CCL339U144186 1986 Ford 350 Flatbed Truck- VlN 1FDK371 GNA44494 Inventory Value $ 0.00 633,055.00 921.21 49,085.29 270.00 700.00 2,300.00 TO TA L $68.~6,33~.50 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND being duly ~'wo'rn F~y E. Souder and Lin_ford N. Kinney accord;rig to law, deposes and says that ~n~ ~re t~ cc~-e~*eCl~tOr~ ~ of fhe Estate of ~Y:~' Souder, a/k/a ~ H. Souder, Sr. late of -- Neckanicsbur[,~ _H~amPden Town~hip , Cumberland County, Pa., deceased and +ha+ the w~thln is an inven+o~ m~de by ~e co-e~ec~o~ ,~ of the enHre estate of se~d decedent, consisting of ell +he personal property and rea[ estate, except real estate outside fha Commonwealth of Pen~,sy{venle, and that ~he f~gures opposite each item of the Inventory represent it's fair wlue as of +he date of decedent s death. -- Li~ ~ R~ey, ~ecu or ~E E, BOYER MILLER, Notau PuNic~ xaa... ]_. ~ H~I B~., Cum~d C~ty I 1 ~ ~.E~res N0v~r 13, 2~ I .. Date of Death .12th ~e~]n:~- 2~0~ INSTRUCTIONS I. An inventory must be filed within three months after appointment of persona! representative. 2. A supplement inventory must be filed within thirty days of d~scovery of additional assets. 3. Additional sheets may be attached as to personalty or realty 4. See Article IV, Fiduciaries Act of 1949. Z ~.u 0 Z William E. Miller, Jr. LAW OFFICES OF MILLER & ASSOCIATES, PC 1822 MARKET STREET · CAMP HILL, PA 17011 TEL: (717) 737-9210 · FAX: (717) 737-9215 10 November 2004 Of Counsel: Michael L. Bangs CERTIFIED MAIL - RETURN RECEIPT REQUESTED Cumberland County Register of Wills Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re; Estate of Ray M. Souder, Deceased File Number 21-04-0182 Dear Sir/Madam: Enclosed herewith for the above referenced estate are the following items: Original and one copy (without attachments) of the REV-1500, Inheritance Tax Return Resident Decedent, as well as additional copies of pages 1 and 2 marked "copy" A check in the amount of $5,575.39 representing the tax due for the REV-1500. Please send the time-stamped copies to me in the envelope provided. If you have any questions or require additional information, please call me at 717/737-9210. Thank you for your assistance with this matter. /mem Enclosures Very truly yours, Law Offices of MILLER & ASSOCIATES, PC cc: Linford N. Kinney, Co-Executor COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT NO. CD REV-1162 EX(11-96) 004621 MILLER WILLIAM E JR 1822 MARKET STREET CAMP HILL, PA 17011 ESTATE INFORMATION: SSN: 196-14-3658 FILE NUMBER: 2104-01 82 DECEDENT NAME: SOUDER RAY MELVIN DATE OF PAYMENT: 11 / 12/2004 POSTMARK DATE: 11/10/2004 COUNTY: CUMBERLAND DATE OF DEATH: 02/1 2/2004 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 $5,575.39 TOTAL AMOUNT PAID: $5,575.39 REMARKS: INHERITANCE TAX PYMT SEAL CHECK//109 INITIALS: RSK RECEIVED BY: GLENDA FARNER STRASBAUGH REGISTER OF WILLS TAXPAYER REV-1500 EX (6-00) Z UJ UJ CI FILE THIS RETURN WITH: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE DEPT. 280601 HARRISBURG, PA 17128-0601 21 2004 0182 COUNTY CODE- ~ ~ SOCIAL SECURITY NUMBER THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS Rev-1500 INHERITANCE TAX RETURN RESIDENT DECEDENT DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL) ~ .................... I DATE Of BIRTH (MM-DB-YEAR) (IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER ~1. Original Return ~2. Supplemental Return iiiiiiiiiill 3.  4. Limiled Estate ~4a. Future Interest Comprise (date of death after 12-12-82) ~ Remainder Return (U,ool,~hmo¢,o 12-13-~) 5. Federal Estate Tax Return Required ~6. Decedent Died Testate (Attach copy of Will) ~7. Decedenl Maintained a Living Trust (~ach a cop, of Trust) iiiiiiiiii!iiii 8. Total Number of Safe Deposit Boxes ~9. Litigation Proceeds Received ~10. Spousal Poverty Credil (~ate of death be~-,~e, ~2-31-91 a~l 1-~-95) ~11. Election to tax under Sec. 9113(A) 1. Real Estate (Schedule A) (1) $0.00 ! OFFICIAL USE ONLY (8) 2. Stocks and Bonds (Schedule B) (2) 3. Closely Held Corporation, Partnership or Sole-Proprietorship (3) 4. Mortgages & Notes Receivable (Schedule D) (4) 5. Cash, Bank Deposils & Misc. Personal Property (Schedule E) (5) 6. Jointly Owned Property (Schedule F) (6) ~ Separale Billing Requested 7. Inter-Vivos Transfers & Misc. Non-Probate Property (7) (Schedule G or L) ~. Total Gross Assets (total Lines 1-7) 9, Funeral Expenses & Administrative Costs (Schedule H) (9) 10. Debls of Decedent, Mortgage Liabilities & Liens (Schedule I) (10) 11. Total Deductions (total Lines 9 & 10) 12. Net Value of Estate (Line 8 minus Line 11) $~,844.46 '" $0.00 $0.00 $3,000.00 $115,870.30 $0.00 13. Charitable and Governmental Bequests/Sec 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) SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES 15. Amount of line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a)(1.2) 16. Amount of line 14 taxable at lineal rate 17. Amount of line 14 taxable at sibling rate 18. Amount of line 14 taxable at collateral rate 19. Tax Due 20. ~ $802,714.76 $27,676.79 $0.00 x .12 (17) $0.00 x ,15 (18) $000 .............................................................................................................. (19) $775,037.97 (14) (11) $27 676 75 (12) $775,037.97 (13) $000 Decedent's Complete Address: Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments C. Discount (1) $5,575.39 Total Credits (A + B + C) (2) SQ,DQ Interest/Penalty if applicable D. Interest iii!~!~!ii~!i!!~iii~i~i Total Interest/Penalty (D + E) (3) $0.00 If line 2 is greater than line 1 + line 3, enter the difference. This is the OVERPAYMENT. Check box on Page 1 Line 20 to request a refund (4) 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. B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5B) Make Check Payable to: REGISTER OF WILLS, AGENT (5) $5,575.39 $5,575.39 PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN X IN THE APPROPRIATE BLOCKS 1. Yes No 2. 4. IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. ~,,~U~nder penalti~.~ of perj~. I declare that l t~a ...... ined~hi~,~re~i~rn~i~cluding accompanying schedules and stat .... ts. and to the best of my knowledge and belief, it is t ......... ct, and complete. (~'-~ ~~'of~are~,~,j~t~ ~¥'e p ..... I rep ..... tative is based on all the inf .... tion of which prep .... h .... y knowledge. SlGNATI~J~E OF~PERS(~ RES~::~'NSI~iL~F:OR FILING RET~'RN __~, DATE ~'//q~ (~ ~J/~)/~ ~ .... . ........... ~....::..~::. ~,, ~.. Did decedent make a transfer and: 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 revisionary interest; or d. receive the promise for life of either payments, benefits or care? If death occurred after December 12, 1982, did decedent transfer propedy within on year of death without receiving adequate consideration? Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? 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 surviwng spouse is 0% [72 P.S. §9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statulory 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 lax 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 noled in 72 P.S. §9116(1.2) [72 P.S. §9116(a) (1)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% [72 P.S. §9116(a)(1.3)]. A sibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoplion. REV-1503EX '~ (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE B STOCKS & BONDS ESTATE OF Ray M. Souder FILE NUMBER All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM NUMBER DESCRIPTION VALUE AT DATE OF DEATH TOTAL (Also enter on line 2, Recapitulation $683,844.46 (If more space is needed, insert additional sheets of the same size) REV-1508 EX + (&OS) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATE OF Ray M. Souder FILE NUMBER 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 VALUE AT DATE NUMBER DESCRIPTION OF DEATH TOTAL (Also enter on line 5, Recapitulation $3,000.00 (If more space is needed, insert additional sheets of the same size) REV-1509 EX + (6-98) COMMONVVEALTH OF PENNSYLVANIA INHERiTANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Ray M. $ouder SCHEDULE F JOINTLY-OWNED PROPERTY FILE NUMBER 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 JOINTLY-OWNED PROPERTY: L~ ~< DATE DESCRIPTION OF PROPERTY % OF DATE OF DEATH ITEM FOR JOINT MADE Include name of financial institution and bank account number or similar identifying number. DATE OF DEATH DECD'S VALUE OF NUMBER TENANT JOINT Attach deed for jointly-held reap estate. VALUE OF ASSET INTEREST DECEDENT'S INTEREST TOTAL (Also enter on line 6, Recapitulation) $115,870.30 (If more space is needed, insert additional sheets of the same size) EV-1511 EX + (12-99) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF Ray M $ouder FILE NUMBER Debts of decedent must be reported on Schedule I. ITEM I NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: 5. 6. 7. E COSTS: Personal Representative's Commissions Name of Personal Representative (s) Social Security Number(s) / EIN Number of Personal Representative(s) Street Address City State ~i~ Zip Year(s) Commission Paid: i~iiii!iii?iiiiii~i~i?~i~i?~i~i~i~i~i~i~i~i~i~i~i~i~i~i~i~i~i~i~i~i~!i~i~!~!~' Attorney Fees Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address City Relationship of Claimant to Decedent Probate Fees Accountant's Fees Tax Return Preparer's Fees TOTAL (Aisc enter on line 9, Reca $27,676.79 (If more space is needed, insert additional sheets of the same size) REV-1513 EX + (9-00)) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE J BENEFICIARIES ESTATE OF Ray M. Souder FILE NUMBER RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s} OF ESTATE I. TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under Sec. 9116 (a) (1.2)] ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET II. NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE E~. 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) $0.00 z z 0 m 0 ~ m mm m COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE B~EAU OF IND~~P'AJ,;[~~~;:r:I:CE OF INHERITANCE TAX DllJi's~ '-'" .,' '- \ I ~, PO BOX 280601 f,~:':(-:':_ ' ',',' HARRISBURG PA 17128r:il6'0:1 ' NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX A[ I'!! 13'. I q nn'~' I U) " \l i ., Luj.).... nl. L t DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN 01-25-2005 SOUDER SR 02-12-2004 21 04-0182 CUMBERLAND 101 C'I,'r'I' , tl"l'\ WI L L IM!Pir~tLt~~:I.j~f MILLE'ri~1l ASSOCS 1822 MARKET ST CAMP HILL PA 17011 '*' REY-1541EX AFP (U-04) RAY M AJlount R...itted MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~ REv:r~'fi'f'IX"A"""r~1":6'!')"'N6Wcl'oj!"'iNHIRYfAN'ct'i"A;tA"PjlRAYill"'€NT~"ALLWANcriJR---"'--""'--'. DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX RAY M FILE NO. 21 04-0182 ACN 101 ESTATE OF SOUDER SR TAX RETURN WAS: ( I ACCEPTED AS FILED ( XI CHANGED If an assessment was issued previously, lines 14, IS and/or 16, 17, 18 and 19 will reflect figures that include the total of ~ returns assessed to date. ASSESSMENT OF TAX: 15. Amount of Line 14 at Spousal rate (IS) 16. Amount of Line 14 taxable at Lineal/Class A rate (16) 17. Amount of Line 14 at Sibling rate (17) 18. Allount of Line 14 taxable at Collateral/Class B rate (18) 19. Principal Tax Due C ITS: RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule AJ 2. St.ocks and Bonds (Schedule BJ 3. Closely Held St.ock/Part.nership Int.erest (Schedule CJ 4. Mortgages/Notes Receivable (Schedule DJ 5. Cash/Bank Deposits/Misc. Personal Property (Schedule EJ 6. Jointly Owned Property (Schedule FJ 7. Transfers (Schedule GJ 8. Total Assets III 121 (31 (41 (51 (61 (71 .00 683.844.46 .00 .00 3.000.00 115.870.30 .00 (81 APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule HJ 10. Debts/Mortgage Liabilities/Liens (Schedule IJ 11. Total Deductions 12. Net Value of Tax Return 13. Charitable/Governmental Bequestsj Non-eLected 9113 Trusts (Schedule J) 14. Net Value of Estate Subject to Tax (91 1101 27,676.79 .00 (111 1121 1131 1141 NOTE: 60,935.15 X 714,102.82 X .00 X .00 X T DATE 11-10-2004 NUMBER CD004621 INTEREST/PEN PAID (-I .00 AMOUNT PAID 5,575.39 INTEREST IS CHARGED THROUGH 02-09-2005 AT THE RATES APPLICABLE AS OUTLINED ON THE REVERSE SIDE OF THIS FORM TOTAL TAX CREDIT BALANCE OF TAX DUE INTEREST AND PEN. TOTAL DUE SEE 00 = 045 = 12 = 15 = 1191= DATE 01-25-2005 ATTACHED NOTICE NOTE: To insure proper credit to your account) submit the upper portion of this form with your tax payment. 802,714.76 ?7.i.7f. 79 775,037.97 .00 775,037.97 .00 32,134.63 .00 .00 32,134.63 5,575.39 26,559.24 405.56 26,964.80 . IF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. ( IF TOTAL DUE IS LESS THAN $1. NO PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CRI, YOU MAY BE DUE . A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS. I ~~~ REV-1470EX(6-88) . INHERITANCE TAX EXPLANATION OF CHANGES COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG PA 17128-0601 DECEDENTS NAME Ray M. Souder Sr. FILE NUMBER REVIEWED BY Bill Lyons ACN 2104-0182 101 SCHEDULE ITEM NO. EXPLANATION OF CHANGES Under the terms of the Bypass trust, the trustee may distribute income and principal to issue during the lifetime of the surviving spouse. In the absence of a request for a future interest compromise, the Department has the right to assess tax at the highest rate in the chain of potential distributions. Therefore, the tax has been assessed at 4.5% on the value of the residuary trust. ROW Page 1 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 MILLER WILLIAM E JR 1822 MARKET STREET CAMP HILL, PA 17011 -------- told ESTATE INFORMATION: SSN: 196-14-3658 FILE NUMBER: 2104-0182 DECEDENT NAME: SOUDER RAY MELVIN DATE OF PAYMENT: 02/17/2005 POSTMARK DATE: 02/16/2005 COUNTY: CUMBERLAND DATE OF DEATH: 02/12/2004 NO. CD 004962 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 I $24,000.00 I I I I I I I I TOTAL AMOUNT PAID: REMARKS: CHECK# 113 SEAL INITIALS: JA RECEIVED BY: REGISTER OF WILLS $24,000.00 GLENDA FARNER STRASBAUGH REGISTER OF WILLS LAW OFFICES OF MILLER & ASSOCIATES, PC William E. Miller, Jr. 1822 MARKET STREET' (AMP HILL, PA 17011 TEL: (717) 737-9210' FAX: (717) 737-9215 Of (ounsel: Michael L. Bangs 16 February 2005 Cumberland County Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 ...~".~ Re: Estate of Ray M. Souder, Sr., Deceased No. 21-04-0182 Dear Sir or Madam: cr: We enclose herewith a check in the amount of Twenty-Four Dollars ($24,000) payable to the Register of Wills, Agent, as a further payment on account of inheritance tax due in the above Estate. We filed the Inheritance Tax Return with your office with our cover letter of 10 November 2004 and included a payment due check with that letter. Upon recent receipt of a Notice of Inheritance Tax Appraisement, Allowance or Disallowance of Deductions and Assessment or Tax from the Income Tax Division of the Bureau of Individual Taxes from the Pennsylvania Department of Revenue, we realized we had inadvertently failed to include the Schedule M, Future Interest Compro- mise with the Return. We have requested a further re-calculation of the inheritance tax due and the enclosed payment should be considered as payment on account of the final amount due upon assessment of tax by the Inheritance Tax Division. Please time stamp the enclosed copy of this letter to acknowledge your receipt of the enclosed check to you as Agent and return it to me in the envelope provided. If you have any questions, or require additional information, please call me at (717) 737- 9210. Thank you for your assistance in this matter. Very truly yours, MILLER & ASSOCIATES, PC By William E. Miller, Jr. WEM/mlj Enclosures cc: Linford N. Kinney, Co-Executor Board of Appeals, PA Department of Revenue LAW OFFICES OF MILLER & ASSOCIATES, PC William E. Miller, Jr. 1822 MARKET STREET. CAMP Hill, PA 17011 TEL: (717) 737-9210. FAX: (717) 737-9215 Of Counsel: Michael L. Bangs 16 February 2005 Board of Appeals Department of Revenue Commonwealth of Pennsylvania 10th Floor, Strawberry Square Department 281021 Harrisburg, PA 17128-1021 Re: Estate of Ray M. Souder, Sr., Deceased File No. 21-04 -182 Dear Sir or Madam: We represent the Estate of Ray M. Souder, Sr., who died a resident of Cumber- land County on 12 February 2004. We timely filed with the Register of Wills of Cumberland County an Inheritance Tax Return Resident Decedent, Form REV-1S00, and paid the anticipated tax due thereon at that time. Recently, we received a Notice of Inheritance Tax Appraisement, Allowance or Disallowance of Deductions and Assessment of Tax for the Estate assessing an additional amount of tax. Upon review of the Notice, we realized we had inadvertently failed to include with the Inheritance Tax Return, the Schedule 1, Future Interest Compromise, which is applicable in this Estate. We enclose herewith copies of a Schedule M to be considered as part of the original filing of the Inheritance Tax Return Resident Decedent, Form REV-1S00, for the above Estate and request that you recognize the request for the Future Interest Compromise. We trust you will honor our request and will provide us with a revised Notice setting forth the new amount of tax due. Concurrently herewith we are making a payment of additional inheritance tax due to the Register of Wills of Cumberland County. I trust you will recognize that payment in your re-calculation of the inheritance tax due. Thank you for your consideration of our request. Very truly yours, In jf) MILLER & ASSOCIATES, PC By ~ William E. Miller, Jr. WEM/mlj Endlosures ( cc: Bill Lyons, Reviewer Linford N. Kinney, Co-Executor Cumberland County Register of Wills LAW OFFICES OF MILLER & ASSOCIATES, PC 1822 MARKET STREET. CAMP HILL, PA 17011 f~"'_~-i pOs" (~, ~ -,,- ''''''I~, * * ,* k9I1ft'- ;Iioi:JJ ~~~'-"Ei 5 ~ ~^'=f\ -H"~ 7t~ ? MAlLED FRm,,1 ZiP CODE "'1- -'(C" CUMBERLAND COUNTY REGISTER OF WILLS CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (' ~ -::'! t ',J L.._ 1".111".111".".11.,11,1,,1,1 17013+3301 02 IlllllulllltlllHlIllllllllllJlllltJ,1111l1 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE RECORDED OFFiCE O~ BUREAU OF INDIVIOUALI)r~~C'.' ',,,::, c INHERITANCE TAX INHERITANCE TAX DIVISION 1"":::>'Ji-., .J":; 'rl _.J PO BOX 280601 RECORD ADJUSTMENT HARRISBURG PA 111Z8-Q6Dl 20D5 ~,UG 19 P~112: 35 DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN 08-11-2005 SOUDER SR 02-12-2004 21 04-0182 CUMBERLAND 101 I'LC2'l, n~.- \..J Coo:;: -._' C:'~c. e'i WILLIAM E MILLER JR MILLER & ASSOCS 1822 MARKET ST CAMP HILL PA 17011 A.-ount ReMitted *' REY-lS93 EX AFP (03-05) RAY M MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 CUT ALONG THIS LINE --+ RETAIN LOWER PORTION FOR YOUR RECORDS +-- NOTE: To insure proper credit to your 8ccountl sub.it the upper portion of this form with your tax payaent. .. INHERITANCE TAX RECORD ADJUSTMENT .. ~-------------------------------------------------------------------------------------------------------------------------------------- REV-1593 EX AFP (03-05) ESTATE OF SOUDER SR RAY M FILE NO. 21 04-0182 ACN 101 AOJUST"ENT BASED ON: VALUE OF ESTATE: 1. Raal Estate (Schedule A) 2. stocks and Bonds (Schedule B) 3. Closely Held Stock/Partnership Interest (Schedule C) 4. HortgageslNotes Receivable (Schedule Dl S. Cash/Bank Deposits/Kisc. Personal Property (Schedule El 6. ~ointly Owned Property (Schedule Fl 7. Transfers (Schedule G) 8. Total Assets PROTEST BOARD DECISION 11) (2) (3) (4) un (6) (7) .00 683,844.46 .00 .00 3,000.00 115.870.30 .00 (8) DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Ad.inistrative Costs/ Kiscellaneous Expenses (Schedule Hl Debts/Hort~age Liabilities/Liens (Schedule Il Total Deductions N.t Value of Tax R.turn Charitable/Governmental Bequests; Non-elected 9113 Trusts Net Value of Estate Subject to rax 10. 11. 12. 13. 14. TAX: 15. AltOunt of Line 1'i at Spousal rat. 16. Amount of Lin. 14 taxable .t Lineal/Cless A rat. 17. ~ount of Line 14 at Sibling rete 18. A~t of Line l'i taxable at Collateral/Class B rate 19. Principal Tax Due TAX CREDITS: (9) 110) 27,676.79 .00 Ill! 112) 113) 114) (Schedule J) 123.990.18 X 00 = 651.047. 79 X 045= .00 X 12 = .OOX 15 = 119) 115) 116) 117J 118) DATE 08-11-2005 802,714.76 27,676.79 775,037.97 .00 775,037.97 .00 29,297.15 .00 .00 29.297.15 r -.rn:EIPT iT'fj AHDUNT PAID DATE NUHBER INTEREST/PEN PAID (-) 11-10-2004 ... CD004621 .00 5,575.39 02-16-2005 ..... CD004962 278.24- 24,000.00 08-10-2005 WR ITEOFF .00 2.36 TOTAL TAX CREDIT 29,297.15 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 TOTAL DUE .00 . IF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION DF ADDITIONAL INTEREST. IF TOTAL DUE IS LESS THAN $1, NO PAYHENT IS REQUIRED. IF TDTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU HAY BE DUE ,r A REFUND. SEE REVERSE SIDE OF THIS FOR" FOR INSTRUCTIONS.) ~~ BOARD OF APPEALS DEPT. 2810~1 HARRISBURG, PA 17128-1021 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE WILLIAM E MILLER JR ESa MILLER & ASSOCS 1822 MARKET ST CAMP HILL PA 17011 IN RE ESTATE OF: SOUDER RAY DOCKET NO. : TAX TYPE: APPEAL TYPE FILE NUMBER: ACN: APPRAISEMENT: PETITION FILED: EXAMINER: MAILING DATE: 0502839 Inheritance Protest 2104-0182 101 1/25/2005 2/1712005 DONNA E AUMENT Direct Dial: (717) 783-7894 Fax: (717) 787-7270 Email:daument@state.pa.us August 3, 2005 DECISION AND ORDER In its appraisement and assessment of the estate's inheritance tax return, the Department determined that, in the absence of a request for a future interest compromise, tax was due at the 4.5% rate, the highest rate in the chain of potential distributions, on the entire Bypass Trust. Petitioner requests the Board to accept a future interest compromise which assesses tax at the 0% rate on the spouse's life interest in the trust and at the 4.5% rate on the remainder interest of the decedent's children. Article Sixth of the decedent's Will provides for a Bypass Trust from which all of the net income must be paid for the medical care, education, support and maintenance in reasonable comfort of the decedent's wife, children and issue, taking into consideration any other income or resources and considering that the spouse is the primary object of the decedent's bounty. In addition, the trustee may distribute as much of the trust principal deemed necessary for the medical care, education, support and maintenance in reasonable comfort of the spouse, children and issue. Upon the death of the surviving spouse, the trust continues for the benefit of the decedent's children. SOUDER RAY BOARD DOCKET NO. 0502839 Page 2 of 2 Petitioner points out that the decedent's spouse is specifically stated to be the primary object of his bounty and states that all of the decedent's children are gainfully employed or otherwise provided for in their livelihood and have no known health emergencies or disabilities and should not need distributions during the spouse's lifetime. To date, only the spouse has received any distributions and, barring unforeseen circumstances, only she will continue to receive distributions. Based on these representations, the Board accepts Petitioner's compromise offer. We agree that the life estate factor applicable to a person nearest age 87 in February of 2004, using the federal 4.2% table, is 0.19096. However, we find the value of the Bypass Trust is $649,299.23 ($775,037.97 less $3,000.00 specific devise of personal property, $6,868.44 specific bequest of equivalent of 1 % probate estate and $115,870.30 jointly owned property). Accordingly, it is hereby Ordered that the protest is sustained-in-part. The Department is directed to issue an amended appraisement and assessment reflecting the taxation of the $649,299.23 Bypass Trust to the extent of $123,990.18 at the 0% rate and $525,309.05 at the 4.5% rate. FOR THE BOARD OF APPEALS GERARD J. SALLAVANTI, CHAIRMAN JOSEPH R. SLEEK, MEMBER A STATEMENT OF ACCOUNT WILL BE MAILED TO YOU BY THE BUREAU OF INDIVIDUAL TAXES. ANY APPEAL FROM THIS DECISION MUST BE FILED WITH THE ORPHANS' COURT WITHIN SIXTY (60) DAYS OF RECEIPT OF THIS DECISION. IF YOU REQUIRE THIS INFORMATION IN AN ALTERNATE FORMAT UNDER THE PROVISIONS OF AMERICANS WITH DISABILITIES ACT OF 1990, PLEASE CALL (717) 783-3664, OR FOR SERVICES FOR TAXPAYERS WITH SPECIAL HEARING AND SPEAKING NEEDS: 1-800-447-3020 (TT ONLY). D,rJ.I'Y')f",Co ('jr.-v.., 0.1 BUREAU OF INDIVIDUlC:""u.DES:: ,: V~r::vt ;,,-_!.~ INtERITANCE TAX DIYISIONJ:r:,CfCC .~ PO BOX 280601 ; :~,_..), '_: . HARRISBURG PA 17128-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE INHERITANCE TAX STATEMENT OF ACCOUNT *' REY-16D7 EX AFP (03-05) 2005 II.UG I 9 P/'i 12: 33 DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN 08-15-2005 SOUDER SR 02-12-2004 21 04-0182 CUM8ERLAND 101 ADOunt R_1 tteel RAY M CLEC::< C': OP~~,I/~ !fl"'" WILLIAMCE!'MILlER JR MILLER & ASSOCS 1822 MARKET ST CAMP HILL PA 17011 MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 NOTE: To insure proper credit to your account, subnit the upper portion of this for. with your tax pay..nt. CUT ALONG THIS LINE --+ RETAIN LOWER PORTION FOR YOUR RECORDS - --------------------------------------------------------------------------- REV-1607 EX AFP (03-05) ~~~ INHERITANCE TAX STATEMENT OF ACCOUNT ... ESTATE OF SOUDER SR RAY M FILE NO.21 04-0182 ACN 101 DATE 08-15-2005 THIS STATEMENT IS PROVIDED TO ADVISE OF THE CURRENT STATUS OF THE STATED ACN IN THE NAMED ESTATE. SHONN BELON IS A SUHHARY OF THE PRINCIPAL TAX DUE, APPLICATION OF ALL PAYMENTS, THE CURRENT BALANCE, AND, IF APPLICABLE, A PROJECTED INTEREST FIGURE. DATE OF LAST ASSESSMENT OR RECORD ADJUSTMENT: 08-10-2005 PRINCIPAL TAX DUE: 29,297.15 PAYMENTS (TAX CREDITS): ~ PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (-) 11-10-2004 CD004621 .00 5,575.39 02-16-2005 CD004962 278.24- 24,000.00 08-10-2005 WRITE OFF .00 2.36 TOTAL TAX CREDIT 29,297.15 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 IF PAID AFTER THIS DATE, SEE REVERSE TOTAL DUE .00 . SIDE FOR CALCULATION OF ADDITIONAL INTEREST. I IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED. IF TDTAL DUE IS REFLECTED AS A "CREDIT" ICRl, YOU HAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS. 1 BUREAU OF INPIVlDUA~~~'il~IFD OFW'f= (y INHERITANCE TAX DIVISIOM'::......:::,,::.= 'V_ :- PO BOX 280601 :--{-: ..>_ ! ). ~ i (~ HARRISBURG PA 17128-0601 - - ..)" "dJ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE I:NHERI:TANCE TAX STATEMENT OF ACCOUNT *' REV-1607 EX AFP (03-05) 2005 AUG 19 PH 12: 32 DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN 08-11-2005 SOUDER SR 02-12-2004 21 04-0182 CUMBERLAND 101 Amount R..ltted RAY M r'\ cr.'! '~.I_'-, ,,'. Q:-<Fil- /,. <~~ C~~' ilT WILLIAM ~jHIU;ERJR MILLER & ASSOCS 1822 MARKET ST CAMP HIll PA 17011 MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 NOTE: To insure proper credit to your 8ccount, sub.lt the upper portion of this for. with your t.x pay.ant. CUT ALONG THIS lINE --+ RETAIN LOWER PORTION FOR YOUR RECORDS - --------------------------------------------------------------------------- REV-1607 EX AFP (03-05) ~~~ INHERITANCE TAX STATEMENT OF ACCOUNT ... ESTATE OF SOUDER SR RAY M FILE NO.21 04-0182 ACN 101 DATE 08-11-2005 THIS STATE"ENT IS PROVIDED TO ADVISE OF THE CURRENT STATUS OF THE STATED ACN IN THE NAHED ESTATE. SHOWN BELOW IS A SUHHARY OF THE PRINCIPAL TAX DUE, APPLICATION OF ALL PAY"ENTS, THE CURRENT BALANCE, AND, IF APPLICABLE, A PROJECTED INTEREST FIGURE. DATE OF lAST ASSESSMENT OR RECORD ADJUSTMENT: 08-10-2005 PRINCIPAL TAX DUE: 29,297.15 PAYMENTS (TAX CREDITS): ~ PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (-) 11-10-2004 CD004621 .00 5,575.39 02-16-2005 CD004962 278.24- 24,000.00 08-10-2005 WRITE OFF .00 2.36 TOTAL TAX CREDIT 29,297.15 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 IF PAID AFTER THIS DATE, SEE REVERSE TOTAL DUE .00 . SIDE FOR CALCULATION OF ADDITIONAL INTEREST. I IF TOTAL DUE IS LESS THAN $1, NO PAY"ENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" ICRJ, YOU HAY BE DUE A REFUND. SEE REVERSE SIDE Of THIS FOR" FOR INSTRUCTIONS. J ~...U'II.." !.yl~''''J.., f~( ~ (...\ ~~ ~J ~ '":l"'":) _.-: _."-_.__~ .- ...~"':rr.,~l1ii _ _E 4"""t...,____:i._ __ii ___...3 ,0_...,...,-,-.~- ~~("C~.n.~tt{~ll~ lV.!!.. tt~ .IU!..!!..~ tLY.!L VIULJL!.!..il\i.JiClL.A.li:lUL.!!.l.UL vt.U!\UL.!llid.Y STATUS REPORT l.JNuER RULE 6.12 Name of Decedent:. Ray M. Souder, Sr. Date of Death: 12 February 2004 Estate No.: 21-04-0182 . 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 Kl No 0 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 c6Ui:t? . Yes 0 No !Xl b. The separate Orphans' Court No. (if any) for the personal representative's account is: N/ A c. Did the personal representative state an account informally to the pa.."iies in interest? Yes JXl No 0 c. Copies of receipts, releases, joinders and approval of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. ,,!H Date: 1/19/06 William E. Name er Jr. 1822 ~~rket Street, Camp Hill, PA 17011 Address 717/737 -9210 Telephone No. o:~ . l.... I. Capaciti: LJ Personal P,-epresen:ati-ve []l C,ollDsel for persoTlal representative ! '.) j ~'-.J 07"" '.-, l..i :-J ! ii r ~ -r "'n-"~r' r\r[lr.r P". (Ih' I'," \ I "-I':" ,- j;~_VI......1 L.,' l.....:___ ......... t .l''';'\'--' ZnO'h l,r:'J 20 PH 12: ~8 l..... u ""' OJ,j ~~) ,\- I ~~ IN TH~,~ATTER OFTflE ESTATE OF RAYM. SOUDER, SR., a1k1a RAY MELVIN SOUDER, DECEASED IN THE ORPHANS' COURT DIVISION OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-04-0182 ESTATE SETTLEMENT AGREEMENT .1r'- THIS AGREEMENT, made as of this (;2 - day of December 2005, WITNESSETH: THE CIRCUMSTANCES leading to the execution of this Agreement are as follows: 1. Ray M. Souder, Sr., a/k/a Ray Melvin Souder (the"Decedent") died testate on 12 February 2004 at 86 years of age, and Lindford N. Kinney and Fay E. Souder, qualified with the Register of Wills of Cumberland County, Pennsylvania, as Co-Executors (the "Executors") of the Decedent's probate estate (the "Estate"). 2. Decedent's Last Will and Testament (the "Will"), which was admitted to probate, was executed by Decedent on 29 April 1994. 3. Items SECOND, THIRD and FOURTH of the Decedent's Will provides for the distribution of Decedent's tangible personal property and real property, as follows: SECOND: I give my tangible personal property and all casualty insurance that I am carrying on said tangible personal property to my wife, or, if she does not survive me, I give said property to such of my children who are living at my death to be divided equitably among or between them as they may determine, of, if they are unable to agree, as my Executor shall determine, after considering the wishes of such children. I have complete confidence that my wife, my children or my Executor will honor any written instructions that I may leave with regard to said tangible personal property. G Any such property not so distributed shall be sold, and the proceeds added to my residuary estate to pass as hereafter described. THIRD: I give my son-in-law, Linford N. Kinney, if he shall survive me, cash or other property equal in value to one percent (1 %) of the value of my property listed on the inventory of my real and personal estate filed with the Register of Wills of the county of my residence at the time of my death. 'I' FOURTH: If my wife shall survive me, I bequeath to my Trustee, hereinafter named, IN TRUST NEVERTHELESS, cash, securities or other property in the amount specified below, to be known as the "Bypass Trust". 3. Item FIFTH of the Decedent's Will provides for the distribution of the rest, residue and remainder of Decedent's property, as follows: FIFTH: I give, devise and bequeath the rest, residue and remainder of my estate, real and personal, to my wife. Should she not survive me, I give, devise and bequeath such rest, resideue and remainder to my Trustee, hereinafter named, IN TRUST NEVERTHELESS, to be held, administered and distributed for all purposes as part of the Bypass Trust. 4. The Beneficiaries desire to settle the Estate informally in order to avoid the expense and delay involved with the formal adjudication of a First and Final Account by the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylva- nia (the "Court"). 5. The Executors join in this Agreement to signify their agreement with the terms hereof as more particularly set forth hereafter. 6. The Beneficiaries and Executors desire to forever settle and compromise any and all claims and rights which they may possess, now or hereafter, in the Estate and to -2- confirm their acceptance of the Informal Account (the "Account"), attached hereto as Exhibit "A" and incorporated herein by this reference, and the Schedule of Proposed Distribution (the "Schedule"), attached hereto as Exhibit liB" and incorporated herein by this reference. The Beneficiaries and Executors desire that the distributions to the Beneficiaries, as set forth in Exhibit liB", be in full satisfaction of their rights in the Estate. 7. The Beneficiaries wish to release the Executors and to indemnify them against any and all claims that may be asserted against the Estate or the Executors after the date hereof. The Beneficiaries also desire to release the Executors with respect to the waiver of a right to a formal adjudication of a First and Final Account of the Estate. 8. The Executors are willing to settle the Estate informally in consideration of the indemnifications hereinafter provided by the Beneficiaries and Trustees. NOW THEREFORE, in consideration of the foregoing and intending to be legally bound, the Beneficiaries and Executors, for themselves, their heirs, personal representa- tives, successors and assigns: 1. Represent and warrant that they have read and understand this Agreement . and confirm that the facts set forth above are true and correct, to the best or their knowledge, information and belief. 2. Declare that they have sufficient information to make an informed waiver of their right to a formal accounting with the Court, and they do hereby waive the filing and auditing of the same. 3. Acknowledge that the distributive share or amount set forth on the Schedule shall be in full satisfaction of the Beneficiaries' entitlements under the Will. 4. Release, remise, quitclaim and forever discharge the Executors, their heirs, personal representatives, successors and assigns, from and against all claims that they may, as legatees of the Estate, and in connection with the Estate, have, had, now has or may in the future have in connection with the Estate. -3- 5. Agree to refund, on demand, all or any part of any aforesaid distribution, which has been determined by the Executors, or by the Court, or by any court of competent jurisdiction, to have been improperly made. 6. Agree to indemnify and hold harmless the Executors, their heirs. personal representatives, successors and assigns, from and against any and all claims, loss, liability or damage (whether or not related to the negligence of the Executors) that may hereafter be asserted against the Estate or against the Executors. 7. Agree to execute such other or additional documents as may be necessary to effectuate the agreements set forth herein. 8. Acknowledge that this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. 9. Consent to the Court exercising personal jurisdiction over the Beneficiaries in any suit or action arising out of the enforcement of this Agreement. IN WITNESS WHEREOF, the Executors, and the Beneficiaries have placed their hands and seals on the attached Consents to Estate Settlement Agreement. -4- CONSENT TO ESTA TE SETTLEMENT AGREEMENT AND RECEIPT OF DISTRIBUTION I, LINFORD N. KINNEY, individually and as an Executor of the Estate of Ray M. Souder and as Trustee of the Bypass Trust created t~erein, and as Executor of the Estate of Fay E. Souder, herebYiac;:knowledge, as Executor, causing distribution of and, individu- ally and as Executor of the Estate of Fay E. Souder and Trustee of the Bypass Trust created under the Last Will and Testament of Ray M. Souder, acknowledge receipt of the assets of the Estate of Ray M. Souder, as set forth in the attached Estate Settlemen.t Agreement, and I, individually and in my fiduciary capacities, hereby consent to and join in the Estate Settlement Agreement, including Exhibits, which has been provided to me. WITNESS COMMONWEALTH OF PENNSYLVANIA 55. COUNTY OF CUMBERLAND On this, the \DL ~ay of December 2005, before me, the undersigned officer, personally appeared LINFORD N. KINNEY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledg.ed that he executed the same in the capacities and for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. NOTARIAL SEAL MARJORIE L JOHNSON Notary Publi Camp Hill Boro.. Cumbe~land County N M Commlssior EX'J~res Apr!! 15,2007 ~~ -5- '-"---'--"'-~'--'''''-. ~'._------.- "'..,..".- "'''''~'-'' -, "~""'< ., _._'._._~. __;" ,_~..'_.-_ _.....c. ~"'"".~"'; '.""~_ "--"".'''''''''''"'''' ", .....-.,-...-,.,..~- ._:--:'~~";::~::'~'~~';:':-'-';~,-;-,;;;::-;~~<;~~:~;:;,~;;;7,,;-;;,;.~';:;;:;::'. .. ,..... ""'""-'-'_ _.._~_. .____ "_".n ._... '.. ........~...."_..'c__,...,...........,.,.._ "'.':.,~-.,_..:;,.,." " - ".,.'.' ......,....._t>_ - ,., ." . ..". . -... __ EXHIBIT A INFORMAL ACCOUNT OF THE EXECUTOR Date of Death: February 12, 2004 Accounting for Period: . February 12, 2004 through December 3D, 2005 '.~ ..~f '.' Estate of Ray M. Souder Receipts of Principal Cash and Cash Equivalents P A State Bank Gold Coin Checking Account PA State Bank Premium Savings Account P A State Bank Gold Coin Savings Account M& T Bank Checking Account - Total cash and cash equivalents Stocks and Bonds The Vanguard Group American Express Mutual Fund Cumberland Valley Cooperative Assoc. Stock Total Stocks and Bonds Tangible Personal Property 1975 Chevrolet Dump Truck 1986 Ford 350 Flatbed Truck Tangible personal property Real Property Real property located at Creekview Road Total Real Property TOTAL RECEIPTS OF PRINC/PAL Inventory Value 2/12/04 $ 21,592.32 109,680.70 17,729.49 6.189.60 $ 155,192.11 $ 633,976.21 49,598.25 270.00 $ 683,844.46 $ 700.00 2.300.00 $ 3,000.00 $ 180,000.00 $ 180,000.00 $ 1.022.036.57 .I~,"#". ." .. 6 Estate of Ray M. Souder Summary of Account Receipts of Principal Less Disbursements: Funeral & Admin Expenses PA-1500 Taxes Total Disbursements Balance Before Distributions Less Distributions to Beneficiaries TOTAL BALANCE ON HAND FINAL DISTRIBUTIONS Balance on hand Estate of Fay E. Souder Balance after Final Distributions $ 27,676.79 29.297.15 $1,022,036.57 56.973.94 $ 965,062.63 940.634.16 $ 24.428.47 $ 24,428.47 24.428.47 $ 0.00 p,. - ~." LAW OFFICES OF MILLER & ASSOCIATES, PC William E. Miller, Jr. Anthony E. Marrone 1822 MARKET STREET · CAMP HILL, PA 17011 TEL: (717) 737-9210 · FAX: (717) 737-9215 Direct Dial Number: January 19, 2006 Cumberland County Register of Wills Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Estate of Ray M. Souder, Deceased File Number 21-04-0182 Dear Sir/Madam: Enclosed herewith for filing is an Estate Settlement Agreement for the above referenced estate along with our firm's check in the amount of $20.00. I am also enclosing herewith a completed Status Report Under Rule 6.12 verifying that the estate is now closed. I would appreciate you time-stamping the enclosed copy of the first page of the Estate Settlement Agreement and returning it to me in the envelope provided. If you have any questions or require additional information, please call me at 737-9213. Thank you for your assistance. \\\rQ\&~\\~L Michelle E. Miller /mem Enclosures cc: Lindford N. Kinney, Executor ::J::~:' ;; 7 '..' r'~, ,- ,-,' ..~,; ., . 'j ~ '. , /" L LAW OFFICES OF MILLER & ASSOCIATES, PC 1822 MARKET STREET CAMP HILL, PA 17011 DATE : Jan 19/2006 CHE #: 4196 AMOUNT: $20.00 ACCOUNT: GENERAL - 2 PAID TO: Cumberland County Register of Wills Filing fee re: Estate Settlement Agt CLIENT: 304 - Fay Souder Estate MATTER: 1347 "~' Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 1/04/2006 MILLER WILLIAM E JR 1822 MARKET STREET CAMP HILL, PA 17011 RE: Estate of SOUDER RAY MELVIN File Number: 2004-00182 Dear Sir/Madam: It has come to my attention that you have not filed the Status Report by Personal Representative (Rule 6.12) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 2/12/2006 Your prompt attention to this matter will be appreciated. Thank You. Sincerely, ~~J~~ GLENDA FARNER STRASBAUGH REGISTER OF WILLS cc: File Personal Representative(s) Judge \/:1'