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HomeMy WebLinkAbout06-22-10 Z5056D71120 R~r-~ goo PA Depar#ment of Revenue ~ ~~> OFFICIAL, U$E ONLY 8ut1~U of Individual Taxes Goimty Code Yet Fik Number Po eoxa$osoi INHERITANCE TAX RETURN rfarrfstx,rg, Pa ~7~2s-oso~ RESIDENT pECEDENT 21 10 0088 ENTER DECEDENT INFORMAT~N BELOW Social Security Number Date of Death Date of Birtfi 201 18 5429 12 31 2009 1,0 2$ 1924 Decedent's Last Name Suffix Decxdent's First Name Mt ENCK BARBAR>, J (ff Applicabiej Enter Survivin8 Spouse's Irdiorn>ation Below Spouse's Last Name Suffix Spouse's First Name MI Spouse's Social Security Number THiS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FlLL IN APPROPRIATE OVALS BELOW 1. t7rigirtel Return ^ 2. Supplemeni~d Rettun ^ 3. ~ ~ (dale of death ^ 4. t-invited E.afate ^ '~' Ida ~ drathsdEer~ 12-12-82) ^ 5. Federal ES1aEe T8x Reitlm R®quiR'+d © 6 (At~fi ~ ~) ^ 7, ~Mao~ ge living Trust 0 8. Tok81 Number of Seise Deposit BouOBe ^ 8. Litipatton Prooeede Received ^ 40. ~ .~1 ~i1 endt~ 1~6jf `~ei ^ 11. EIe~On to 1a~c unchr SeC_ 8113tH) (Attach Sttt. Oj CORRE8PONDENT -THIS SECTIO>~I MUST !3E COMPLETED. ALL C E AND CONFIDENTIAL TAX If~ORMATION 9HOltLD BE DIRECTED TO: ~~ Daytirrre Teisphwte Nwr~ber rTA1~S D - BOGAIt 717 7 37 87 61. Finn Nam {If Apppcable) BOGAR ~ HIPP LAMP OFFICES First tine of address ortE ~vES~ rsnlN s~$s Second Irrte of address City or Post Office sH=RE~NSZOtivr1 Stabs 7JP Code PA 17011 RECasTER c~ vt~.,s usE oars ~ ~; { r'-. T { .,..~. C.,,, w ~ ~ 1 r.'~,r . ,~ ~4~ ~r ~ ~r•, C::' `) -, .. , .. DATE fiL.Egi ~~ ~f-, :._ ~_'.~ ~~! ._._:, a ;; ._,.. i. ~~,~ ~.•> {"T~ -~,-~ correspondent': e-marl address: jbogar(~bogarlaW.CtD111 under penattlse at perlurl-, ! declare fret 1 hays eranritred this re~tum, aooorr>p stahedulee ^ slstemerrls, said b the best of my krawkci8e and bed, iE is hue, eared aKrd complete. Dedaratjon oi` preper+er other trier, fhe j~~ reproeerfrt'tirre Is based on~ infamstion of twtdch preparrr has any knowledge. SI(iNA~~ OF PERSON RESPONSIBLE FOR FLING RETURN DATE Barbara J. Kerstetter ZZ Heckman Road. Newviile. PA 17241 SIOtiAIURE OF PREPARQt 07t1ER THAN REPRESENTI~TIVE DATE James d. Boger ADDRESS _-- One West Main Street, Shiremanstown, PA 17411 Side 1 l..~. 15t15607Z120 15056071120 J REV-1500 EX Decedent's Name: Barbara J. Enck Decedent's Social Security Number 201 18 5429 RECAPITULATION 1. Real Estate (Schedule A) ....................................................................................... 1. 2 0 0, 0 0 0. 0 0 2. Stocks and Bonds (Schedule B) ............................................................................. 2. 3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C)......... 3. 4. Mortgages & Notes Receivable (Schedule D) ........................................................ 4. 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) ............... 5. 5 8 , 52 3.16 6. Jointly Owned Property (Schedule F) ^ Separate Billing Requested............ 6. 7. Inter-Vivos Transfers & Miscellaneous f~q Probate Property Se arate Billin Re d uest S h d l G 7 p g ............ q e ) ^~ ( c e u e . 8. Total Gross Assets (total Lines 1-7) ..................................................................... 8. 2 5 8 , 5 2 3.16 9. Funeral Expenses & Administrative Costs (Schedule H) ....................................... 9. 3 2 , 7 2 9 . 0 4 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) .............................. 10. 11. Total Deductions (total Lines 9 & 10) ................................................................... 11 _ 3 2 , 7 2 9 . 0 4 12. Net Value of Estate (Line 8 minus Line 11) .......................................................... 12. 225 , 7 94.12 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been made (Schedule J) ............................................... 13. 14. Net Value Subject to Tax (Line 12 minus Line 13) ............................................... 14. 225 , 7 94.12 TAX COMPUTATION -SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a)(1.2) X .00 15. 16. Amount of Line 14 taxable at lineal rate X .045 2 2 5, 7 9 4.12 16. 17. Amount of Line 14 taxable at sibling rate X .12 0 . 0 0 17. 18. Amount of Line 14 taxable at collateral rate X .15 0 . 0 0 18. 19. Tax Due .................................................. ....................... ... ...................................... 19. 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT. 15056072120 0.00 10,160.74 0.00 0.00 10,160.74 Side 2 1505607212U 15056072120 J REV-1500 EX Page 3 Decedent's Complete Address: File Number 21-10-0088 DECEDENT'S NAME Barbara J. Enck STREET ADDRESS 17 Thomas Drive CITY Mechanicsburg STATE PA ZI P 17050 Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments C. Discount 3. Interest/Penalty if applicable p. Interest E. Penalty 9,595.00 505.00 Total Credits (A + B + C) (1) 10,160.74 (2) 10,100.00 Total Interest/Penalty (D + E) 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Check box on Page 2 Line 20 to request a refund 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. q, Enter the interest on the tax due. g, Enter the total of Line 5 + 5A. This is the BALANCE DUE. Make Check Payable to: REGISTER OF WILLS, AGENT (3) (4) (5) 60.74 (5A) (5B> 60.74 PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred :.............................................................................:. ^ ^x b. retain the right to designate who shall use the property transferred or its income :.................................. ^ ^x c. retain a reversionary interest; or ............................................................................................................... ^ ^x d. receive the promise for life of either payments, benefits or care? ............................................................ ^ ^x 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? .................................................................................................................... ^ 0 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death?....... ^ ^x 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? .................................................................................................................. ^ IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is three (3) percent [72 P.S. §9116 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is zero (0) percent [72 P.S. §9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is zero (0) percent [72 P.S. §9116 (a) (1.2)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is four and one-half (4.5) percent, except as noted in 72 P.S. §9116 1.2) [72 P.S. §9116 (a) (1)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is twelve (12) percent [72 P.S. §9116 (a) (1.3)]. A sibling is defined under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. Rev-1502 EX+ (11-08) SCHEDULE A REAL ESTATE COMMONWEALTH OF PENNSYLVANIA I INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Enck, Barbara J. 21-10-0088 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. Attach a copy of the settlement sheet if the property has been sold Include a copy of the deed showing decedent's interest if owned as tenant in common. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1 Real Estate -All that certain piece or parcel of real estate having erected thereon a 200,000.00 dwelling house known and numbered as 17 Thomas Drive, Mechanicsburg, Pennsylvania. The property was acquired by John I. Enck and Barbara J. Enck, his wife, by deed dated March 15, 1948 and recorded March 15, 1948 in the Cumberland County Recorder of Deeds Office, a copy of said deed is attached hereto and incorporated herein. The said John I. Enck died April 29, 1984, whereupon full and complete title to the within described property became vested solely in Barbara J. Enck, surviving spouse, the decedent herein. The above-described real property was sold pursuant to an Agreement of Sale for Real Estate dated March 4, 2010, a copy of which is attached hereto and incorporated herein. Final settlement took place on March 26, 2010. A copy of the deed conveying said real estate, along with a copy of the Settlement Sheet, are attached hereto and incorporated herein. The sale price of the real estate was $200,000.00. TOTAL (Also enter on Line 1, Recapitulation) ~ 200.000.00 (If more space is needed, additional pages of the same size) Copyright (c) 2009 form software only The Lackner Group, Inc. Form PA-1500 Schedule A (Rev. 11-08) 201-CT-Warranty Deed Henry Hali, Ina, Indiana, Pa. ~ttDP njP ~s ~ day of ~~~''`'''~~ in ti~.e year of our Lord one th.ou.sarLCb nirLeTiundred forty-eight (1948) . ~Ct1Uf¢lt 1NARRE~d T. LOUSE and GRACE T. LOUSE, his ~vife, of the Township of Silver Spring, County of Cumberland and State of Penn- sylvania, Grantors , and JOPIN I . EA: CK and BARBARA J . ENC K, his wife , of the '?orough of i~Iid.dletown, Co~.anty of Dauphin and State of Per sylvania, Grantees it d~~triCg~et~j, that i~n consid~erationof the sum of One 01.00) Dollar and other good and valuable considerations X~~~C in h.urLd paid, the receipt whereof is herebr~ aekr~owled~'ed, the said~'rantors do hereby 'rant and carLUey to the staid ~'rantee s ALL that certain tract of land with the imprcvements thereon erected, situate in the Township of Silver Spring, County of Cumberland and State of Penn- sylvania, bounded and described as follows., to }nrit:- BEGINNING at a post on the right-of-way line of tb:e Pennsyl- vania Railroad Company at corner of property of Gross Estate; thence along the line of said property of Gross Estate south 23 degrees west three hundred twenty-four (324) feet to a post; thence along the line of other property of Marren T. Louse and Grace T. Louse, his wife, north :5.1 degrees 10 minutes west one hundred sixty-one (161) feet to an iron pin; thence along the line of property of Clyde Ih'. Louse and Ethel I. Louse, his wife, north 51 degrees 10 minutes west five hundred sixty-one (5:61) feet to an iron pin; thence along the same south 38 degrees 50 minutes west two hundred seventeen and eight-tenths (217.8) feet to an iron pir~; thence along the same south 51 degrees 10 minutes east four hundred (400) feet to an iron pin; thence along said other property ox~ t'+arren T. Douse and Grace T. Louse, his wife, south 38 degrees 50 minutes west one hundred and two-tenths (100.2) feet to a.n iron pin; thence along same soutin 51 degrees 10 minutes east one. hundred eighty-two (182) feet to an iron pin on the line of property of the Gross Estate; thence along the line of said property of Gross Estate south 53 degrees 45 minutes vrest three hundred sixty-one and eighty-four hundredths (.361.84) feet to a post; thence by the same north 33 degrees 45 minutes west seven hundred thirty-nine and two-tenths (739.2) feet to a post; thence. by the same south 65 degrees west forty-four and eighty-eight hLUZdredths (44.88} feet to a post at corner of land of Tolbert Bricker; thence along the line of said land of Tolbert Bricker north 33 degrees 15 minutes west one thousand five hundred forty-seven and four-hundredths (1,547.04) feet to a post; thence by the same north 60 degrees east four hundred eight and two-tenths (408.2) feet to a post on the right-of- v+ray line of the Pennsylvania Railroad Company; thence along the said right-of-tray line of the Pennsylvania Railr. oad Company south 49 degrees 45 minutes east tw0 thousand eighty (2,080) feet, more or less, to a post, the place of BEGIR~~TING; containing thirty-four (34) acres of land and improved with a 2~ story frame dwelling house; frame bank barn and other outbuildings. BEING apart of the same preriises wr~ich Estella Thomas Steele, et a1., by their deed dated ~riarch 26, 1946 and recorded in the Recorder's Office ir. and for Cumberland County in Deed. Book "E", Vohame 13, Page 296, granted and conveyed unto l"JaMren T. Douse and Grace T. Douse, his wife, the. grantors herein. SUBJECT, H0~'VER, to the following reservation: that the grantors here~.n for themselves, their heirs and assivns, reserve the right of ingress, egress and redress over and upon the lane or road vrhich extends along the line of the property remaining in the said grantors and also along the line of the property of Clyde ~F1. Douse and Ethel I. Louse, his tivif e . ,,, 1r, .. ~ 11 y~; ~. ~ ~ AYY . 1 p~ ~ - '\ Ana the said ~'rai2tor s do hereby covenant that, they r~vi~ll W'.f1IlIL.%1~V1' GEl~ERALLY the property Iaereby conveyed. SIT ~tt1iQ$g ~~jPrCDf i said ~'ray~ tors hcLVe hereurzto set their hands and seals the dad and near first above uritteh. ... .... __... .. ... ............................:............. ....................... SEAL ~igneD, ~esieD zinc ~eiiberea ~ ~~~"~~ in tfje ~re~ente of . SEAL i-1 ........................_........................._......................................__.............. ...................._..........................................................-..................................... SEAL State of Pennsylvania ss. County of Cumberland ~ ~ 4 -~-~.~r~,.~ ~ Y9 48, be or On this, the /S day of ~ f e me the undersigned o$icer, personally appeared ~~~arren T. Douse a:-x~. grace T. 'mouse, his v~ife, known to me (or satisfactorily proven) to be the p erson s whose names ~e subscribed to the with- in instrument, and acknowledged that they' executed same for the purposes therein contained. In witness whereof, I hereunto set my hand and,,~~ff~icial seal. C~ ~.~ ~ f -~ ~ ~'-~ o,IO i ARC F'USLIG __ _ _ _ _ ~f i t~nmissiAn Fxeires larch 31, 1=s~.-`_-_-Title of 0$icer, ------- CERTIFICATE OP' RESIDENCE I do hereby certify that t~he/'precise residence of the within named grantees is / ~e,~a. !5 ~ 19 48 . Attorney~f or__-_Szr..an~~as_~----------_-__-- ~\ t_ ~~ i\ w ~ S-1 ~ ~' ~i ~ ~ ~ ~ ~ ,.. w t!~ W ~ ~ ~ 3 ~ r ~ O ~ I~ + W 3 . ~ - ~ T~ T V ~ ~F. rl Q V ~ S .. _- f'... M H }~ W Q~ 'E. `SS H a' na "' .. F+ k"'1 Yom-, ` s ~". ^ ~ ~ ~ -- . .~ fir„ ~ .. S ~ ~ ^"' COMMONWEALTH OF PENNSYLVANIA ` ~ ± ss. County of ~.~~~ .~~ G~~~ ,,,,~~, ~~ ~ ~~ RECORDED on this -_----1~.~~~=`~~_-- day of -- ~-_~~~...~ ~.~.__------___-- <'` ,, A. D. Y9_______, in the Recorder's o}~ice of said County, i.n Deod Book ~~'- Yol. ----L~ ----------, Page ----~~---------------• Given under my hand and tlce seal of t e said office, the date above written. ~ .~ r ,~. ____.,!~' %°~ _~~~.~ ~_! Recorder. AGREEMENT OF SALE FOR REAL ESTATE THIS AGREEMENT is entered into this ~i-L day of ~~.rC~l , 2010, by and between BARBARA J. KERSTETTER and JOHN I. ENCK, Co- Executors of the ESTATE OF BARBARA J. ENCK, late of Silver Spring Township, Cumberland County, Pennsylvania, hereinafter called "SELLER", AND JAMES P. BENDER and DEBORAH A. BENDER, husband and wife, of 429 Penn Street, Bressler, Dauphin County, Pennsylvania, hereinafter called "PURCHASERS". IT IS MUTUALLY AGREED AS FOLLOWS: 1. PREMISES. The Seller agrees to sell, grant and convey to the Purchasers, and the Purchasers agree to purchase and accept the conveyance of the following described real estate situate in Silver Spring Township, Cumberland County, Pennsylvania, described as follows: Being all that certain piece or parcel of real estate having erected thereon a dwelling house being known and numbered as 17 Thomas Drive, Mechanicsburg, Pennsylvania. Containing 2.17 acres, more or less. Being Lot No. 2 on Final Subdivision Plan for Enck Farm recorded March 20, 2000 in the Office of the Cumberland County Recorder of Deeds at Plan Book 80, Page 113 and part of real estate being conveyed by Warren T. Louse and Grace T. Louse, his wife, by Deed dated March 15, 1948 and recorded March 15, 1948 in the Office of the Recorder of Deeds of Cumberland County in Deed Book U, Volume 13, Page 88 granted and conveyed unto John I. Enck and Barbara A. Enck, his wife, a copy of said Deed being attached hereto, marked Exhibit "A" and incorporated herein. Tax Parcel No. 38-08-0567-027 2. PURCHASE PRICE. The Purchasers agree to pay the sum of $200,000.00 in cash unless otherwise herein provided at settlement of this transaction as scheduled and provided hereinbelow. 3. SETTLEMENT. Final settlement of this transaction shall be made at the Law Office of James D. Bogar, One West Main Street Shiremanstown, Pennsylvania, or any other mutually agreed upon location, and shall be made on or before, Friday, March. 26, 2010, at which time of settlement the Seller shall tender to the Purchasers a properly drawn and executed deed of special warranty (fiduciary), conveying to the Purchasers a good and marketable title in fee simple, clear of all liens and encumbrances, except easements or building and use restrictions visible on the ground or of prior record, title to be such as will be insured by a reputable title insurance company in the central Pennsylvania geographical area without exception or reservation at regular rates. Should Seller be unable to deliver such title, Purchasers shall have the option of either cancelling this Agreement of Sale for Real Estate and receiving back any monies paid as a deposit or accepting such title as Seller can give without offset, adjustment, or abatement of the purchase price. Time is of the essence of this Agreement of Sale for Real Estate. 2 4. TRANSFER TAXES AND APPORTIONMENT OF REAL ESTATE TAXES, RENTS AND EXPENSES AND SELLER'S ASSIST. All realty transfer taxes shall be paid equally by the Seller and Purchasers, with Purchasers paying one percent (1%) and Seller paying one percent (lo). Current real estate taxes, utility charges and any municipal service fees or rents will be prorated at and to the date of settlement. Seller will be responsible for payment of all expenses normally associated with the sale of residential real estate, said expenses including, but not necessarily being limited to, preparation of this Agreement of Sale for Real Estate, preparation of the Deed and clearing or marking satisfied any and all mortgages. Purchasers will be responsible for payment of all expenses normally associated with the purchase of residential real estate, said expenses including, but not necessarily being limited to, title search, title examination and title insurance, mortgage application and costs of mortgage. 5. POSSESSION. Seller shall deliver possession of the said premises to Purchasers at the time of final settlement. 6. CONDITION OF PROPERTY AND RISK OF LOSS. The Seller agrees that the property shall remain in substantially its present condition until date of settlement, and if it is not, the Purchasers may rescind this contract. Seller shall bear the risk of loss from fire or other casualty until time of settlement. 3 7. DEFAULT. Should Purchasers default in performing this Agreement, any sum or sums paid on account of the purchase price, by way of down-payment, if any, or otherwise, shall be retained by Seller, as liquidated damages, whereupon this Agreement shall become null and void. Should Seller default in performing this Agreement, Purchasers shall have the right of having this Agreement declared null and void and, further, having any sum or sums paid on account of the purchase price, by way of down-payment, if any, or otherwise, returned in full to Purchasers. 8. CONTINGENCIES. This Agreement of Sale for Real Estate is subject to and contingent upon the occurrence or nonoccurrence of the following events, as the case may be: (A) Purchasers obtaining a mortgage in an amount not to exceed $190,000.00, with the rate of interest and all other terms and conditions being prevailing rate, terms and conditions, a written commitment for said mortgage to be obtained and delivered to Seller within fifteen (15) days of the date of signing of this Agreement. Purchasers shall make written application for a mortgage within five (5 ) days of the date of s igning of this Agreement and, further shall provide a written copy of same to Seller, also within the five (5) day period. Purchasers will be required to exercise good faith efforts in an attempt to obtain said mortgage. 4 (B ) Within fifteen (15 ) days of the date of thi s Agreement , Purchasers, at Purchasers' expense, may choose to have the property tested and certified free from termites and/or wood- boring insects, along with any damage (cosmetic or structural) caused by termites and/or wood-boring insects, by a licensed or otherwise qualified professional. If the results of the tests indicate that treatment is required or repairs are necessary on account of any cosmetic or structural damage, Purchasers will have the ability to exercise any one of the following options: (1) Accept the property with the information stated in the reports. (2) Terminate this Agreement by providing written notice to Seller. (3) Enter into a mutually acceptable written ,agreement with Seller providing for the cost of treatment and repairing any cosmetic or structural damage and/or any credit to Purchasers at settlement. Purchasers shall advise Seller as to the option elected within the above-referred to fifteen (15) day period. Seller will, within seven (7) days of receiving the inspection reports-from Purchasers and, further, being advised by Purchasers, in writing, as to the Purchasers' position with respect thereto, inform Purchasers in writing of the Seller's position. 5 (C) Seller has no reports or records or knowledge of lead- based paint and/or lead-based hazards in the property. Seller warrants that the dwelling unit in question was constructed subsequent to 1978. Purchasers waive the opportunity to conduct a lead-based paint and/or lead-based paint hazards risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. (D) Within fifteen (15 ) days of the date of this Agreement , Purchasers, at Purchasers' expense, may choose to have the property tested for radon gas with a certificate being provided that the presence of radon gas is within acceptable and allowable levels as mandated by the Pennsylvania Department of Environmental Protection and related agencies. If the level of radon is not within the acceptable and allowable levels, Purchasers will have the ability to exercise any one of the following options: (1) Accept the property "as is". (2) Terminate this Agreement by providing written notice to Seller. (3) Enter into a mutually acceptable written agreement with Seller and Purchasers providing for any necessary remedial action to correct any excessive radon levels and to produce a certificate stating that the radon levels are within levels accepted by the Pennsylvania 6 Department of Environmental Protection and related agencies, and/or any credit to Purchasers at settlement. Purchasers shall advise Seller as to the option elected within the above-referred to fifteen (15) day period. Seller will, within seven (7) days of receiving the inspection reports from Purchasers and, further, being advised by Purchasers, in writing, as to the Purchasers' position with respect thereto, inform Purchasers in writing of the Seller's position. (E) Within fifteen (15) days of the date of this Agreement, Purchasers will make application for property and casualty insurance for the p roperty to a responsible insurer. If Purchasers can not obtain property and casualty insurance for the property on terms and conditions reasonably acceptable to Purchasers, Purchasers will have the ability to exercise any one of the following options: (1) Accept the property . (2) Terminate this Agreement by providing written notice to Seller. (3) Entez into a mutually acceptable written agreement with Seller. Purchasers shall advise Seller as to the option elected within the above-referred to fifteen (15) day period. Seller will, within seven (7) days of receiving the inspection reports from 7 Purchasers and, further, being advised by Purchasers, in writing, as to the Purchasers' position with respect thereto, inform Purchasers in writing of the Seller's position. (F) There are no other contingencies with respect to this Agreement of Sale for Real Estate. 9. SURVEY. The cost and expense thereof shall be borne mutually by Purchasers and Seller. 10. STATUS OF SEWER AND WATER. The property is not served by public sewer and public water. The property is served by a private well and a private septic system. Purchasers waive the opportunity to conduct an inspection or testing of the well and pump system, as well as, a water potability test. In addition, Purchasers waive the opportunity to conduct a inspection of the on lot septic system. 11. MUNICIPAL IMPROVEMENTS. Seller has no notice of municipal improvements including, but not being limited to, sidewalk and curbing. 12. ZONING OR DEED RESTRICTION. Seller warrants that the present use of the property violates no existing zoning ordinance or regulation or deed restrictions. Furthermore, Seller has no notice of any proposed zoning change or change in use or restrictions. 13. INSPECTION/WARRANTY. It is understood that Purchasers have inspected the above-referred to property and is not relying 8 upon any representations made by Seller or by Seller's agent(s). Seller agrees to sell and Purchasers agree to purchase the above- described property "as is", there being no warranties, either expressed or implied, as to the condition of the property. Furthermore, Purchasers expressly represent that Purchasers have had ample opportunity to inspect the above-referred to property and to investigate and have answered by third parties any questions Purchasers have regarding the property and the present condition of same and that Purchasers have not, in entering into this Agreement of Sale for Real Estate, accepted or relied upon any statements or representations made to Purchasers by Seller. Purchasers acknowledge that Seller is not required to complete a Seller's Property Disclosure Statement. Seller has, in fact, not completed a Seller's Property Disclosure Statement. 14. PERSONALTY. The following specifically enumerated items of personalty or personal property are included in the within sale: NONE. 15. BROKERS AND AGENTS. Seller and Purchasers both represent that they have dealt with no real estate brokers or agents in connection with this sale and that no brokers or real estate agent's commission is due any person on account of this sale. Each party shall indemnify and hold harmless the other party from the claim or demand of any broker or agent for any 9 commissior~ which zr~_y such broker or went ma,y claim to be due him or her a.s ~. result a~ this sale . For the per~c~rrnance cif this .Agreement and intending to ~e legal3~ bQUnr3 hexehy, the parties bind themselves, ~heYr heirs, persane.l representatives, successors and assigns, as wit~ress their hands and seals the dad and gear first ar3ave ~tritten. ~I~`t~~S BAR.B~AR..A. sT. ~RS~`~T~~, CC3_£X+ECU ~flr of the: B11R~3~1RA J . ~NCK E~'~.A:TE SEAI,~ ~'(~3~ ~ . ~NCK, Cry - Exe~ut or +~~ the: B$ARA ~ . E~IC~ ES`~~TE ~EA;L ~T.~~S P . BII~DER DE~r30RAH ~1. BENDER 10 ._ NSF) ~ammi~~on which any such braI~er or agent may claim to be due him ~r her as a re s~u1 t cif tb.i. s sale For the ~aerformaxxce of this Agreemez~,t and intending to be legally bound hereby, tb.e par~~.es bind themselves, their heirs, ~ersanal re~resenta.tives, su.acessass and assigns, as v-~tne~v t3~.eir hands and. seals the day and year first abC+tre written.. WITNESS (SEAL} BAA~~.E~AR~. ~' , KE~.~~E`I"T~., CCU ~- ecutr~r cif the ~AR}~AR7~ ~ . El+~'CR ESTATE ,, {SEAL ~ t'~~N T ~]`~K, ~- ecute~r cif tie 8~ ~' .. ~'{~K ~ST~iT~ fs} {gRns } 1Q comrnissior~. which. a~:y such hrr~ker or agent may claim to be due h.?m car her as a result of this sale. Far the performance of this Ag~'eetnent and intenc~.ing t© be legal3y hound hereby, the pasties bind thern.se~.ve s, their heirs, persor~.l representatives, successors and assigns , as witz~.ess their hands and seals the day and. year first above written. W~T'~7ES5 ~~~} BARB:A~~A ~" . ~R~T'TER , Cc.~ - ~e cutor t~f the F~AF~BARA J . ~~"~A`TE ~~} J~H~' I . ENS., ~c~-Executor of the: ~~SRBARA ~r ,, ~S'TATE (~: I3FBC'~i ?~.. BF~t~'3ER l C3 Tax Parcel No. 38-08-0567-027 THIS INDENTURE, MADE THE aCo fr day o f YYt alG(/~. two thousand ten (2010) BETWEEN BARBARA J . KERSTETTER and JDHN I . ENCK, Co- Executors of the Estate of BARBARA J. ENCK, late of Silver Spring Township, Cumberland County, Pennsylvania, parties of the first part , and JAMES P . BENDER and DEBORAH A. BENDER, husband and wife, of Bressler, Dauphin County, Pennsylvania, parties of the second part WHEREAS, the said Barbara J. Enck, by her Last Will and Testament, duly proved and .recorded in the Curnbezland County Register of Wills Office, Pennsylvania, in Doc}~et Book 21-10- 0088, Letters Testamentary being issued on January 27, 2010, provided, in pertinent part, as follows SECOND: In addition to all powers granted to them by law and by other provisions of this Will, I give the fiduciaries acting hereunder the following powers, applicable to all property, exercisable without court approval and effective until actual distribution of all property: (A) To sell at public or private sale, or to lease, for any period of time, any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms (including credit, with or without security) or conditions as are deemed proper .. . FIFTH: I nominate and appoint BARBARA J. KERSTETTER and JOHN I. ENCK, Co-Executors of this, my Last Will and Testament... NOW THIS INDENTURE WITNESSETH, that the said parties of the first part, by virtue of the power and authority aforesaid, in said Will contained, and in consideration of .the sum of Two Hundred Thousand and 00/100 Dollars ($200,000.00) to them paid by the said parties of the second part, at and before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold and conveyed, and do hereby grant, bargain, sell and convey to the said parties of the second part, their heirs and assigns forever: ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pin (To Be Set) said iron pin being on the dividing line of Lot No. 2 on the hereinafter mentioned plan of lots and lands now or formerly of Clarence H. Heinly, III; THENCE continuing along said boundary line of lands now or formerly of Clarence H. Heinly, III and continuing along th.e boundary line of Lot No. 2 and lands now or formerly of John D. Weary and Rebecca A. Hall, North 52 degrees 33 minutes 45 seconds West a distance of five hundred sixty-three and fifty-nine one-hundredths (563.59) feet to an iron pin (To Be Set) , said iron pin being on the boundary line between Lot No. 2 and lands now or formerly of Rebecca A. Hall; THENCE continuing along said boundary line, South 37 degrees 26 minutes 15 seconds West a distance of two hundred seventeen and ninety-three one-hundredths (217.93) feet to an iron pipe, said iron pipe being on the dividing line between Lot Nos. 1 and 2 on the hereinafter mentioned plan of lots; THENCE continuing along said dividing line, North 37 degrees 33 minutes 45 seconds West a distance of three hundred fifty and zero one-hundredths (350.00) feet to an iron pin (To Be Set); THENCE North 48 degrees 10 minutes 24 seconds East a distance of one hundred fifty-eight and sixteen one-hundredths (158.16) feet to an iron pin (To Be Set); THENCE North 71 degrees 26 minutes 15 seconds East a distance of one hundred thirty and zero one-hundredths (130.00) feet to an iron pin (To Be Set); THENCE South 25 degrees 03 minutes 45 seconds East a distance of two hundred forty and zero one-hundredths (240.00) feet to an iron pin (To Be Set}; THENCE South 52 degrees 33 minutes 45 East a distance of five hundred eighty and zero one-hundredths feet (580.00) feet to an iron pin (To Be Set); THENCE South 22 degrees 36 minutes 13 seconds West a distance of twenty-five and eight- three one-hundredths (25.83} feet to an iron pin (To Be Set), said iron pin being on the dividing line between Lot No. 2 on the hereinafter mentioned plan of lots and lands now or formerly of Clarence H. Heinly, III, the point and place o~ BEGZNNING. BEING Lot No. 2, containing 2.1707 acres, more oz less, as shown on the Final Subdivision Plan for Enck Farrn. Sasd Plan being recorded March 20, 2000 in Plan Book 80, Page 113. HAVING ERECTED THEREON a dwelling house being known and numbered as 17 Thomas Drive, Mechanicsburg, Pennsylvania. BEING PART OF THE SAME PREMISES which Warren T. Louse and Grace T. Gouse, husband and wife, by deed dated March 15, 1948 and recorded March 15, 1948 in the Cumberland County Recorder of Deeds Office in Deed Book "U", Volume 13, Page 88, granted and conveyed unto John I. Enck and Barbara J. Enck, husband and wife. The said John I. Enck died April 29, 1984 whereupon full and complete title to the within described real estate became vested solely in Barbara J. Enck, surviving spouse, the decedent herein. The said Barbara J. Enck died December 31, 2009. UNDER ANI? SUBJECT, NEVERTHELESS, to the following: 1. Reservations set forth in the Deed dated March 15, 1948 from Warren T. Louse and Grace T. Louse, husband and wife, to John I. Enck and Barbara J. Enck, husband and wife, said Deed being recorded March 15, 1948 in the Cumberland County Recorder of Deeds Office in Deed Book "U", Volume l3, Page 88. 2. Memorandum of Agreement dated February 16, 2000 by and between Barbara J. Enck and Max D. Marbain, same being recorded on April 5, 2000 in Cumberland County Recorder of= Deeds Office in Miscellaneous Book 641, Page 840. 3. Declaration of Easement dated February 3, 2000 by Barbara J. Enck, same being recorded on April 5, 2000 in the Cumberland County Recorder of Deeds Office in Miscellaneous Book 641, Page 837. 4. Under and subject to a twenty-five (25) feet wide access easement in favor of 1 ands now or formerly of John I. and Barbara Enck ( "Enck" ) identified as Lot No . 2 (D. B . 13U, Page 88) on the Plan, which property now or formerly of Enck adjoins Evergreen II along its northwestern boundary. The easement area, which is located on Lot No. 40 and extends along the common boundary line between Lot Nos. 40 and 41, is more fully depicted in the Final Subdivision Plan Phase s Two, Three, Four Evergreen II prepared by Alpha Consulting Engineers, Inc. dated April 12, 2007, as subsequently revised and recorded in the Office of the Cumberland County Recorder of Deeds at Instrument No. 200737889_ The easement rights in favor of Lot No. 2 are more particularly described in a certain Memorandum of Agreement dated February 16, 2000 and recorded Apri 1 5, 2000 in Cumberland County Miscellaneous Book 641, Page 840. Said reservation being set forth in the March 12 , 2 0 0 9 Deed f rom Max D . Marbain and Marbain Associates, LTD. to No rbet J. Brown and Mikyong Brown, husband and wife, said Deed being recorded March 18, 2009 at Instrument No. 200907955. 5. Under and subject to rights of ingress, egress and regress over Thomas Drive, a private road, including any and all maintenance obligations associated therewith. TOGETHER with all and singular the rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof,. and all the estate, right, title, interest, property, claim and demand whatsoever of the said Barbara J. Enck at and immediately before the time of her decease, in law or equity or otherwise howsoever, of, in, to or out of the same: TO HAVE AND TO HOLD the said granted premises to the said parties of the second part, their heirs and assigns forever . AND the said parties of the first part, do covenant, promise, grant and agree, to and with the said parties of the second part, their heirs and assigns, by these presents, that the said parties of the f first part , have not done , committed, or' knowingly or willingly suffered to be done, any act, matter or thing what- soever, whereby the premises aforesaid, or any part thereof, is, are, shall or may be charged or encumbered, in title, charge or estate, or otherwise howsoever. IN WITNESS WHEREOF, the said parties of the fi~'st part have hereunto set their hands and seals the day and year above written. Signed, Sealed and Delivered in the Presence of ~~~ \%~ U`' ~~ ~ ~ ._ ~ -. SEAL ) BARBARA J . K SZ'E TTER, Co-Executor of t=he Estate of Barbara J. Enck ~- Go ~~~~- /~~ ( SEAL ) c HN I. ENCK, Co- ecutor. of the Estate of Barbar- ~". Enck COMMONWEALTH OF PENNSYLVANIA C,i...i rr, b ~~ : I pc,n ~ S S COUNTY OF On this , the ~~ ~-day of a-T ~~- 2 010 , before me , the undersigned officer, personally appeared BARBARA J. KERSTETTER, Co-Executor of the Estate of Barbara J. Enck, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ' -L/t~~--- ~yr~' ( SEAL ) Notary Public My Commission E~pi es: ~-,~-~,~~ IA l DIANE MONTGOMERY, NOTARYP'UBtIC SHIREMANSTOWN BORO, CUMBER LRNO COUNTY MY COMMISSION IXPIRES AUGUST 3, 2013 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CL~ <`^b~ ~~c~- On this, the air` day of ~~~..~ 2010, before me, the undersigned officer, personally appeared JOHN I. ENCK, Co- Executor of the Estate of Barbara J. Enck, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. t - f .~~-~ ( SEAL ) Notary Public My Commission Expires: ~-~-~(3 NOTARIAL SEAL DIANE MONTGOMERY, NOTARY PUBLIC SHIREMANSTOWN BORO, CUMBERLAND COUNTY MY COMMISSION EXPIRES AUGUST 3, 2013 CERTIFICATE OF RESIDENCE I do hereby certify that the precise residence and complete post office address of the within named grantee is 17 Thomas Drive, Mechanicsburg, Pennsylvania 17050. a,t, W~, a2 CO 2 010 ~ JENNI E B. H P Attor ey for Grantees U.S. DEPARTMENT OF HOUSING 8~ URBAN DEVELOPMENT 1.[]FHA 2.[]FmHA 3.OX CONY. UNINS. 4.[]VA 5.~CONV. INS. 6. FILE NUMBER 7. LOAN NUMBER SETTLEMENT STATEMENT 4256-1 (OLD HUD-1 8. MORTGAGE INS CASE NUMBER C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked [POC]" were paid outside the closing; they are shown here for informational purposes and are not included in the totals. 1.0 3/98 (BENDER-OLD HUD-1.PFD/4256-1 (OLD HUD-1)!9) D. NAME AND ADDRESS OF BORROWER James P. Bender Deborah A. Bender 429 Penn Street Bressler, PA 17113 E. NAME AND ADDRESS OF SELLER Estate of Barbara J. Enck F. NAME AND ADDRESS OF LENDER Members 1st F.C.U. 5000 Louise Drive Mechanicsburg, PA 17055 G. PROPERTY LOCATION 17 Thomas Drive PA 17050 nicsbur h M H. SETTLEMENT AGENT 23-2048775 James D. Bogar Law Offices PA2150 I. SETTLEMENT DATE March 26, 2010 g, a ec Silver Spring Townshp Cumberland County, Pennsylvania PLACE OF SETTLEMENT One West Main St. Shiremanstown, PA 17011 J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TR ANSACTION 100. GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER: 101. Contract Sales Price 200,000.00 401. Contract Sales Price 200,000.00 102. Personal Pro ert 402. Personal Pro ert 103. Settlement Charges to Borrower (Line 1400) 7,210.44 403. 104. 404. 105. 405. Adjustments For Items Paid Sy Seller in advance Adjustments For Items Paid By Seller in advance 106. CountytTwp Taxes 03126110 to 01 /01 t11 555.30 406. CountyiTwp Taxes 03/26/10 to 01 /01111 555.30 107. School Taxes 03/26/10 to 07/01!10 511.97 407. School Taxes 03/26110 to 07/01/10 511.97 108. Assessments to 408. Assessments to 109. Sewer 409. Sewer 110. 410. 111. 411. 112. 412. 120. GROSS AMOUNT DUE FROM BORROWER 208,277.71 420. GROSS AMOUNT DUE TO SELLER 201,067.27 200. AMOUNTS PAID BY OR IN BEHALF OF BORROW ER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 201. Deposit or earnest money 501. Excess Deposit (See Instructions) 202. Principal Amount of New Loan(s) 190,000.00 502. Settlement Charges to Seller (Line 1400) 12,353.29 203. Existin loans taken sub'ect to 503. Existin loans taken sub'ect to 204. 504. Payoff of first Mortgage 205. 505. Pa off of second Mort a e 206. 506. De osit or earnest move 207. 507. 208. 508. 209. 509. Adjustments For Items Unpaid By Setter Adjustments For /terns Unpaid By Setter 210. Count lTwp Taxes to 510. Count /Twp Taxes to 211. School Taxes to 511. School Taxes to 212. Assessments to 512. Assessments to 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220. TOTAL PAID BY/FOR BORROWER 190,000.00 520. TOTAL REDUCT. AMT DUE SELLER 12,353.29 300. CASH AT SETTLEMENT FROMiTO BORROWER: 600. CASH AT SETTLEMENT TOIFROM SELLER: 301. Gross Amount Due From Borrower Line 120 208 277.71 601. Gross Amount Due To Se1{er Line 420 201 067.27 302. Less Amount Paid By/For Borrower (Line 220) ( 190,000.00 ) 602. Less Reductions Due Seller (Line 520} ( 12,353.29) 303. CASH (X FROM) ( TO) BORROWER 18,277.71 603. CASH (X TO) ( FROM) SELLER 188,713.98 HUD-1 (3-86) RESPA, H84305.2 Page 2 L. SETTLEMENT CHARGES 700. TOTAL COMMISSION Based on Price $ Utz % PAID FROM PAID FROM Dlvlslon Of COl7)mISSIOn (llne 7OO) aS FO//OWS: BORROWER'S SELLER'S FUNDS AT FUNDS AT 7 1. t0 SETTLEMENT SETTLEMENT id at Settlement 704. to ~ ~ 800. ITEMS PAYABLE IN CONNECTION WITH LOAN 801. Loan Ori ination Fee % to 802. Loan Discount 0.7500 % to Members 1st 1,425.00 803. Underwritin Fee to Members 1st 150.00 804. Document Pre aration Fee to Members 1st 305.00 805.. to 806.. to 807.. to 808. 809. . 810. . 811. 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901. Interest From 03/26/10 to 04/01/10 @ $ 25.376700/day ( 6 days %) 152.26 902. Mortgage Insurance Premium months 903. Hazard Insurance Premium 1.0 years POC by Buyers 904. 905. 1000. RESERVES DEPOSITED WITH LENDER 1001. Hazard Insurance 3.000 months @ $ 43.75 per month 131.25 1002. Mort a e Insurance months @ $ per month 1003. Coun /Tw Taxes 2.000 months $ 60.11 er month 120. 2 1004. School Taxes 10.000 months $ 163.82 er month 1 638.20 1005. Assessments months @ $ per month 1006. months @ $ per month 1007. months $ er month 1008. Agg.Escrow Adj. months @ $ per month -459.24 1100. TITLE CHARGES 1101. Settlement or Closin Fee to 1102. Abstract or Title Search to 1103. Title Examination to 1104. Title Insurance Binder to 1105. Document Pre aration to James D. Bogar Law Offices POC by Seller 1106. Nola Fees to Diane Montgomery 10.00 10.00 1107. Attorne 's Fees to James D. Bo ar Law Offices (includes above item numbers: 1101; 1105 ) 1108. Title Insuran a to James D. Bo ar Law Offices 1 508.75 (includes above item numbers: 1103; 1104 -End. 100, 300 8~ 8.1 ) 1109. Lender's Covera e $ 1110. Owner's Covera e $ 1111. Insured Closin Protection Ltr to First American Title Insurance Co. 75.00 1112. 1113. 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recordin Fees: Deed $ 64.00; Mortgage $ 90.00; Releases $ 154.00 1202. Cit /Count Tax/Stam s: Deed 2,000.00• Mort a e 2 000.00 1203. State Tax/Stam s: Revenue Stamps 2,000.00: Mortgage 2,000.00 1204. Pre a ment of PA Inh. Taxes to Re ister of Wilts, A ent 9,595.00 1205. 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Surve to 1302. Pest Ins ection to 1303. Courier to UPS 16.99 1304.2010 County/Township Taxes to Debra Wiest, Tax Collector 721.30 1305. Tax Certification to James D. Bogar Law Offices 10.OC 1400. TOTAL SETTLEMENT CHARGES (Enter on Lines 103, Section J and 502, Section K 7,210.44 12,353.2 By signing page 1 of this statement, the signatories acknowledge receipt of a completed copy of page 2 of this two page slat nt. e Certified to be a true copy e . Bo r w ices Settleme t Agent ( 4256-1 (OLD HUD-1) / 4256-1 (OLD HUD-1) / 10 ) ACKNOWLEDGMENT OF RECEIPT OF SETTLEMENT STATEMENT ~ Borrower: James P. Bender and Deborah A. Bender Seller: Estate of Barbara J, Enck Lender: Members 1st Settlement Agent: James D. Bogar Law Offices PA2150 Place of Settlement: One West Main St. Shiremanstown, PA 17011 Settlement Date: March 26, 2010 Property Location: 17 Thomas Drive Mechanicsburg, PA 17050 Silver Spring Townshp Cumberland County, Pennsylvania I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the HUD-1 Settlement Statement. Estate of Barbara J. Enck e Be er Debora A. Bender Barbara J. Kerst tter ~' Co-Ex Jo nc o-Executor To the best of my knowledge, the HUD-1 Settlement Statement whic I have prepared is a true and accurate account of the funds which were received and have been or will be disbursed b th undersigned as part of the settlement of this transaction. ~r. 1l< ~ ~i~(e~ . Bt~gar tabu offices Settlem t Agent WARNING: It is a crime to knowingly make false statements to the United States on this or any similar form. Penalties upon conviction can include a fine and imprisonment. For details see: Title 18 U.S. Code Section 1001 and Section 1010. HUD-1 (3-86) RESPA, HB4305.2 Rev-1508 EX+ (6-98) a COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATE OF FILE NUMBER Enck, Barbara J. 21-10-0088 ....... ., r,... ........ .. y.. ... ., r... .,..., ..~ ~~ All property jointly-owned with the right of survivorship must be disclosed on schedule F. ITEM NUMBER DESCRIPTION VALUE AT DATE OF DEATH 1 LPL Financial -Account No. 2180-0409 -date of death value $37,466.40 37.466.40 2 PNC Bank -Checking Account No. 5004958358 -date of death value $1,790.83. This 1.790.83 account was non-interest bearing. 3 PNC Bank -Savings Account No. 5030088317 -date of death value - $1,982.84; 1.982.85 accrued interest $0.01 . 4 1995 Mercury - VIN# 1 MFLM653XSK637507 -sold at private sale 1.000.00 5 Furniture and Contents -sold at auction. This sale included the coin collection. 4.828.75 6 Postcard Collection -sold at private sale 1.254.80 7 Stamp Collection -sold at private sale 3.175.00 8 American Diabetes Association -Magazine Refund 9.36 9 Diakon -Cumberland Crossings Refund 4.201.95 10 Donegal Insurance -Homeowner's Insurance Refund 138.50 11 Medco -Medicaid prescription refund 73.80 12 National Geographic Society -Refund 14.25 13 Ohio Casualty -Automobile Insurance Refund 92.64 14 Patriot News -Refund 48.85 15 Suburban Propane -Refund 1.426.51 I Total of Continuation Schedule See attached page TOTAL (Also enter on Line 5, Recapitulation) 58.523.16 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule E (Rev. 6-98) Rev-1508 EX+ (6-98) SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY COMMONWEALTH OF PENNSYLVANIA continue d INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF I FILE NUMBER Enck, Barbara J. 21-10-0088 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule E (Rev. 6-98) ~ ^ ^ ~1 L ~1~~-nCla~ James M. Lane Investment Consultant Katherine E. Wentling 2250 Millennium Way Suite 100 Enola, PA 17025 717 2141900 office James D. Bogar 877 999 1919 toll free 717 2141901 fax Attorney At Law One West Main Street Shiremanstown, Pennsylvania 17011 RE: The Estate of Barbara J. Enck Social Security No. 201-18-5429 Date of Death: December 312, 2009 De .Bogar, Mrs. Enck had two accounts at, or related to, LPL Financial at the time of her death. LPL Account 2180-0409 Value at close of business on December 31, 2009 was $37,466.40. Nationwide Life Insurance Variable Annuity, Contract Number : 01-3579781 Value at close of business on December 31, 2009 was $688.74. The Estate of Mrs. Enck is named as the beneficiary of this policy. The Estate Account for Mrs. Enck will be established as soon as personal identification information for John I. Enck, Co-Executor is received. Please contact me if I can be of further assistance. Sincerely, mes M: ~ Lane Member FINRA/SIPC P~vc LEADING THE YYAY February 10, 2010 James D Bogar, Esq. One Nest Main St Shiremausto~vn, PA 17011 RE: Barbara J Enck SSN: 201-18-5429 DOD: 12-31-2009 Dear Mr. Bogar: In response to your request for Date of Death (DOD) balances for the customer noted above, our records show the following: Cbteckiag Account Account # 500495S35S Established: 08-01-2006 BARBARl~ J ENCK DOD balance: $ 1,790.53 non interest bearing Savings Account Account # 5030088317 Established: 05-17-1990 BARBARA J ENCK D!QD balance: $ 1,982.54 + 0.01 accrued interest Interest paid 01-01-2009 thru 12-31-2009 $ 1.8Z Y'I-D Please note that this office provides date of death balances for deposit accounts (IRAs, CDs, Checking and Savings). We do aot process any 5na.ncial. transactions or prnvide statements. If you need assistance with any of these 1temS, please call 1-888-PNC-BANK (1-888-76Z-265) or step by yourlocal PNC Bank branch office. Sincerely, National Financial Services Center PNC Bank, N.A. IVSember FDIC Page 1 of 1 , 1 ~ ~ Il~bvt ff nr. o . 1.~4~k~ . € / a.~ ~.u ~. ,~ ,td; ~ ~ ~ ~ ^ l ~ !'i i''f, r! ~ ~ ~ ~~ ~r ~, ~~! i. ' v ,,. '. .,„. v . ~ ,~,. .,h.~ ..,,. .v v ,. n.. ,,,~H S / ,tiY ,~/N\v d`a.. .y1,, ~1~ ~~.: "v"' v .9 ~ v ~,, / DEPART MENT OF TRANSPORTATION -_ %~ CERTIF'(CATE ; ~. OF TITLE FOR A VEHICLE e 1 , 1tk~' ~ +r~ L ! ~ ~ ~ x r i ~~~ 1 .- 9~D1~bDD5~DD3~~~l~DO~ _ . _ ~ _: _ - ~ VEHICLE IDENTIFICATION NUMBER ~ YEAR ~ MAKE OF VEHICLE I TITLE NUMBER -~ ---r -i r is r lis s ~ BODY TYPE ~ DiJP ! I .SEAT CAP ~ PRIOR TITLE STATE ~ ~ , .. - ODOM. PROCD. DATE ODOM. MILES }-- I ODpM. STATUS ~- ! - - - ' .. , ~ - --- , ~ ~ _ ' ..DATE PA TITLED '!DATE OF ISSUE UNLADEN WEIGHT ~ GVW_ R GCWR TITLE.BRANDS 1 ~ _' ~ ODOMETER STATUS = ~ 0= ACTUAL MILEAGE 1 ~ "~ .i ~. ' .:: - t = MILEAGE EXCEEDS THE MECHANICAL :., .. .~ ~ 2 NOT THE ACTUAL'~.pAILEAGE_. ~~ 3 NOT THE ACTUAL MILE~GE•Ot}OMETER ~ I \ TAMPERINGVERIFIED K _ 4 = EXEMPT FROM ODOMETER DISGLO$t/RE ~ ~ F ' REGIST~gED OWNER(S) „ ~ TITL~BRANDS i A ANTIQUE VEH CL S~I~Ui~~A ~ ~~L~ 1 = E I C =' CLASSIC VEHICLE ~+, ` ~ _ ; ~ D =: COLLECTIBLE VEHICLE ~ ' ~ F =OUT OF COUNTRY . ~ G = ORIGINALLY MFGD. FOR NON`~U.S. ~ ~~ ~' +~ ~` p~` q~ Ti~ ~ 2 4 ~ ~ ~R 73 P ~ ~~ U ~ ~ DISTRIBUTION S.: H A RICULTURAL VEHICL s' = G E~~ L =LOGGING VEHICLE ~~ ` I P = ISANAS A POf:ICE VEHICLE ~ ~~• I R = RECONSTFIUCTED '"' ..• S = STREET'ROD T = REGOVERED'THEFT L EH IC E V V E IC ~ ~ =V H LE CONTAINS REISSUED VfN. W HI • s ? = FL000 VE CLE Y FIRSTcLIEN FAVOR OF: ~~ X = IS/WASATAXI i SECOND LIEN FAVOR OP %~~ro. ~ - - 0 _ \ ~ ~~.` , s If a second leinholder fs fisted upon sa5sfaction df the first lien, the fir tienholder must forward this Title to the Bureau of Motor.- Vehicles wlth > r ~ FIRST LIEN RELEASED appropnateform and fee, ~ : DATE ~~ I ~ ~p ' ^ ~ '' BY ~ AUTWORIZED REPRESENTATIVE SECOND 1_IEN RELEASED ' 'e?,~~ p ~- ~~ ~s„i'>P;a~`F~' ':3 ., .~.etr.:`S>"'4~."!»°'R.<".'`w`".~~s c-- s~n'a~.~° '~'- MAILING ADDRESS RY_ _ AUTHpRIZED REPRESENTATIVE • ~ ~A-~tI~ARA .~ Ef~C~ ~ '' .: ~7 ';I'#~MA~S ~R ~ :r ~~C1~N~~S~3~'R~ Pit ~~fl~5 ,/ E ~_~ _.: ~ \ ~ \ E ~, . : ' - ~ / ~ -°I cer#ify;as. of the. date of 'issue, the official. records of'the Pennsylvania' Department a{~~ fir./ ,,, ja iA/~r.. ]}~ N 'j( ~j _ : : of Transportation reflect that the person(s) or company named herein is the fawful owner \ .? :i~ of the said vehicle. ,:. ;, Secretar ~~ _.~ Y.'of Transportation - ;. SU[~3SCRf8ED AND.SWQf71V ,' ~ c ~' ' - When at~plyktg 16r tkle wtth a o0 owner, 'other t;trflt your 5pbuse etteck;nne bt > ^~ ,.. T06EFpRE ME: ~ these ts(aks. It' no bloek f5 checked,;kle' WifY be Issuetl ss "Tenants in Gorirtnon ~: ~~ .WEAR ".` ~ ~ MO ~ I ~ DAY A ^ Joi11t7enants with Alghj of SurvJvorshfp (on death of one:ownar; fills oes .. 9 :- ,.:. toahe sitnliving owner), ~ B ^~ Tenants to Common {on death of one owner,; interest of deceased owner ~r-_ ' goes to his or her heirs or estate):. ,.~~- SIGNATURE OF PERSON ADMIN[STERfNG OATH f 1ST LIEN DATE: -.~ FF NO LIEN, CHECK ;: ._ ; `= .~~ 1ST LIENHOLDER ^ ~~ J Q . . - STAEET x - w __ ,. ,. e . ~~~~ ~ r ~ ' '~ O r , . . . . ~. .- CITY STATE ZIP ~.= .. I FINANCIAL INSTITUTION NUMBER ' C] ~; • s -. ^ 2ND LIEN DATE: • IF NO LIEN, CHECK ~ The undersigned hereby makes apptieation for Certificat of Tille to the ib hi l d d i= e ve escr c e e above, subject [o the encumbrances and other legal claimssetforth here. 2ND LIENHOLDER ~ T - V J S ~ / STREET ~ . ~ W ~~~ '~'s SIGNATURE OF APPLICANT OR AUTHORIZED SIGNER ~ ~p r ' - CITY STATE ZiP i W +a+ -~ SIGNATURE OF:CO-APPLICANT/TITLE OF AUTHORIZED: SIGNER FINANCIAL INSTITUTION NUMBER I -~~c~~7 _ - _ _ e,~ ~. ~ on A~~ ~ .~ . ~ ~ ~~~~c~~~ ~~~~~ ~~~~ '~~~~ . ~ - s~ ~ ~ ~~~ ~Y- G ~i~ 30~- ~` t~~ a"e'`-~`S s~~ ~~ ~ _..-- .~ ~";~~ ~~ VVV f ,~~~. ~.~ ~~- ~°`st -~- ~~~ r t ..ma'r' t~ ///''' t «~~ ~ ~~' ~ ~~~ ~~ ~ ~~ REV-1151 EX+ (10-06) i COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF FILE NUMBER Enck, Barbara J. 21-10-0088 V VY4V V• MVVV wa...~ ^~~M.7L Nei ~~.. r./VI ~G {,.1 V~1 VVI~GW YIG 1• ITEM DESCRIPTION AMOUNT NUMBER A. FUNERAL EXPENSES: See continuation schedule(s) attached B. ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions Name of Personal Representative(s) Street Address City State Zia Year(s) Commission paid 2. Attorney's Fees Bogar & Hipp Law Offices 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. I Probate Fees 10,309.00 11,550.00 377.50 5. Accountant's Fees 6. Tax Return Preparer's Fees 7. Other Administrative Costs 10,492.54 See continuation schedule(s) attached TOTAL (Also enter on line 9, Recapitulation) 32,729.04 Copyright (c) 2009 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 10-06) SCHEDULE H FUNERAL EXPENSES AND ADMINISTRATIVE COSTS continued ESTATE OF FILE NUMBER Enck, Barbara J. 21-10-0088 ITEM NUMBER DESCRIPTION AMOUNT Funeral ExQenses 1 Myers Funeral Home -funeral bill 10.009.00 2 Silver Spring Presbyterian Church -funeral luncheon 300.00 H-A 10.309.00 Other Administrative Costs 3 Chuck Bricker -Auctioneer's Commission 970.00 4 Continuing Care RX -prescription medical bill 97.05 5 Cumberland County Recorder of Deeds -Realty Transfer Tax 2.000.00 6 D&D Septic -Port-a-Potty rental for auction 85.30 7 Debra Wiest -tax certification fee 10.00 8 Debra Wiest - 2010 County/Township Taxes 721.30 9 Diane Montgomery -Notary fees for real estate settlement 10.00 10 Newville Church of God -food stand for auction 100.00 11 Ohio Casualty -car insurance payment 134.40 12 Padden Guerini 8~ Associates -fee to prepare 2009 personal income tax returns 255.00 13 PNC Bank -pension reclamation 831.41 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 6-98) SCHEDULE H FUNERAL EXPENSES AND ADMINISTRATIVE COSTS continued ESTATE OF FILE NUMBER Enck, Barbara J. 21-10-0088 ITEM NUMBER DESCRIPTION AMOUNT 14 PPL -electric bill 215.69 15 PPL -electric bill 186.86 16 PPL -electric bill 39.22 17 PPL -electric bill 194.62 18 RESERVES: -costs to conclude administration of Estate, including filing fees for 4.000.00 PA Inheritance Tax Return and Inventory, preparation of Accounting, preparation and filing of Fiduciary Income Tax Returns and miscellaneous expenses 19 S&T Lawn Maintenance 344.50 20 Suburban Propane 50.00 21 Suburban Propane 50.00 22 United Parcel Service -courier fee 16.99 23 Wonders, LTD -canopy rental for auction 180.20 H-B7 10.492.54 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 6-98) REV-1513 EX+(11-OS) COM INHERITANCE TAX RETURNANIA RESIDENT DECEDENT SCHEDULE J BENEFICIARIES ESTATE OF Enck, Barbara J. NUMBER NAME AND ADDRESS OF PERSON(Sl RECEIVING PROPERTY I TAXABLE DISTRIBUTIONS [include outright spousal ' dlstributions, and transfers under Sec. 9116(a)(1.2)1 See attached schedule FILE NUMBER 21-10-0088 RELATIONSHIP TO SHARE OF ESTATE AMOUNT OF ESTATE DECEDENT (Words) ($$$) nn Nnt 1 iwt Tr~~stPPlsl ~ ~ Tota I ~ Enter dollar amounts for distributions shown above on lines 15 throu h 18 on Rev 1500 cover sheet, as a ro NON-TAXABLE DISTRIBUTIONS: II. A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS _ TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET Copyright (c) 2009 form software only The Lackner Group, Inc. Form PA-1500 Schedule J (Rev. 11-08) SCHEDULE J BENEFICIARIES (Part I, Taxable Distributions) ESTATE OF: Barbara J. Enck 12/31/2009 201-18-5429 Item Name and Address of Person(s) Share of Estate Amount of Estate Number Receiving Property Relationship (Words) ($$$) 1 Tamea A. Boone 11351 Occoquan Oaks Lane Woodbridge, VA 22192 2 Cindy J. Corbin 38 Mayberry Lane Mechanicsburg, PA 17050 3 Barry L. Enck 5906 West 124th Street Overland Park, KS 66209 4 Jody W. Enck 12 Knoll Tree Road Ithaca, NY 14850 5 John I. Enck Jr. 1759 Indian Tree Drive Warriors Mark, PA 16877 6 Connie B. Kavulich 1702 Douglas Drive Carlisle, PA 17013 7 Barbara J. Kerstetter 22 Heckman Road Newville, PA 17241 8 Twilla M. Schaub 716 Woodfield Drive Lititz, PA 17543 Daughter One-eighth of rest, residue and remainder Daughter One-eighth of rest, residue and remainder Son One-eighth of rest, residue and remainder Daughter One-eighth of rest, residue and remainder Son One-eighth of rest, residue and remainder Daughter One-eighth of rest, residue and remainder Daughter One-eighth of rest, residue and remainder Daughter One-eighth of rest, residue and remainder 1 ~~.~~ ~i~1 ttnD~ (7~ P~Y~tmQrct OF BARBARA J. ENCK I, BARBARA J. ENCK, of Silver Spring Township, Cumber- land County, Pennsylvania, make, publish and declare this as and for my Last Will and Testament, hereby revoking all other Wills and Codicils heretofore made by me. FIRST: I devise and bequeath all the rest, residue and remainder of my estate of whatever nature and wherever situate, including any property over which I hold power of appointment and together with any insurance policies thereon, in equal shares, to my children, BARBARA J. KERSTETTER, JOHN I. ENCK, TWILLA M. SCHAUB, BARRY L. ENCK, TAMEA A. BOONE, CONNIE B. KAWLICK, JODY W. ENCK and CINDY J. KLINGER, provided that should any of my children predecease me, I give and bequeath such child's share unto his or her issue per stirpes by representation, and if there be a failure cf same, then I give ar~u bequGatrs .such d2cdased ~;hi,1C1's share to my surviving children as provided herein. SECOND: In addition to all powers granted to them by law and by other provisions of this Will, I give the fiduciaries acting hereunder the following powers, applicable to all property, exercisable without court approval and effective until actual distribution of all property: (A} To sell at public or private sale, or to lease, for any period of time, any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms (including credit, with or without security} or condi- tions as are deemed prober. This includes the power to give legally sufficient instruments for transfer of the property and to receive the proceeds of any disposition of it. (B) To partition,, subdivide, or improve real estate and to enter into agreements concerning the partition, subdivision, improvement,~zoning or management of real estate and to impose or extinguish restrictions on real estate. (C) To compromise any claim or controversy and to abandon any property which is of little or no value. (D) To invest in all forms of property, including stocks, common trust funds and mortgage investment funds, without restriction to investments authorized for Pennsylvania fiduci- aries, as are deemed proper, without regard to any principle of diversification, risk or productivity. (E) To exercise any option, right or privilege granted in insurance policies or in other investments. (F) To exercise any election or privilege given by the Federal and other tax laws, including, but not necessarily being limited to, personal income, gift and estate or inheritance tax h J S~ ~' >J ~~ \. V laws. (G) To make distributions to my herein named benefici- cries in cash or in kind or partly in each. (H) To borrow money from themselves or others in order to pay deb~s, taxes, or estate cr trust adtni:~i:st-ration expenses, ~ to protect or improve any property held under my will, and for investment purposes. (I) To select a mode of payment under any qualified retirement plan (pension plan, profit sharing plan, employee stock ownership plan, or any other type of qualified plan) to the extent the plan or the law permits them to do so, and to exercise any other rights which they may have under the plan, in whatever manner they consider advisable. THIRD: I direct that all inheritance, estate, transfer, succession and death taxes, of any kind whatsoever, which may be payable by L~eason of my death, whether or not with respect to property passing under tYiis Will, shall be paid out of the princi- pal of my residuary estate. FOURTH: All interests hereunder, whether principal or income, which are undistributed and in the possession of the 2 fiduciaries acting hereunder,- even though vested or distributable shall not be subject to attachment, execution or sequestration for any debt, contract, obligation or liability of any beneficiary, and furthermore, shall not be subject to pledge, assignment, conveyance or anticipation. FIFTH: I nominate and appoint BARBARA J. KERSTETTER and JOHN I. ENCK, Co-Executors of this, my Last Will and Testament. I direct that my Executor or Executrix, as the case may be, and ' their successors, shall not be required to post security or a bond for the performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand-and seal ~C ~~- to this, my Last Will and Testament, this ~ ~ day of ~~- ~~ , 1990. i ~ .~ i ~L L./--t ~=' ( SEAL) Barbara J. Enck Signed, sealed, published and declared by the above- named Testatrix as and for her Last Will and Testament in our presence, who, at her request, in her presence and in the presence of each other, have hereunto subscribed our names as attesting witnesses. Address Address q~ r