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HomeMy WebLinkAbout02-0728 COMMONWEALTH OF REV-1500 PENNSYLVANIA OEPARTME.T OF REVENUE INHERITANCE TAX RETURN DEPT. 280601 "^RR,SBURG, PA 17 28 1 RESIDENT DECEDENT Q W Z uJ Q Z O 13. n,, O C) Z DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL) FANUS, PEARL M. DATE OF DEATH (MM.DD-Year) I DATE OF BIRTH (MM-DO-Year) 07/10/2002 05/29/1913 (IF APPUCABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, ANO MIDDLE INITIAL) OFFICIAL USE ONLY FILE NUMBER 2 1 -0 2 0 7 2 8 C~NTY COO~ YF_t~ ~U~R-- ' SOCIAL SECURITY NUMBER I 6 6- 1 2-5 6 2 5 THIS RETURN MUST BE FILED IN OUPLICATE WITH THE REGISTER OF WILLS r~ 1. Odginal Retum ~]4. Limited Estate E~6. Decedent Died Testate ~ [~ 9. Litigation Proceeds Received SOCIAL SECURITY NUMBER NAME HUBERT X. GILROYt ESQUIRE FIRM NAME (If ApplicaUe) BROUJOS & GILROYt P.C. TELEPHONE NUMBER 717-243-4574 --]2. Supplemental Return [--1 4a. Future Interest Compromise Ida~ of de~ ate~ 12-12-82) r'-i 7. Decedent Maintained a Living Trust (Attach co~¥~Tmst) L----1 10. Spousal Poverty Credit (d~ o~ah ~'een 12-31.91 a~d 1-1-95) r-~3. Remainder Return (dm o~ dea~ ~ ~o 12-13-82) r-j5. Federal Estate Tax Return Required ~ 8. Total Number of Safe Deposit Boxes r--~l 1. Election to tax under Sec. 9113(A) (A~ch Sch THIS SECTION MUST BE COMPLETED. ALL. CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO' COMPLETE MAILING ADDRESS 1. Real Estate (Schedule A) (1) 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 Deposits & Miscellaneous Personal Property (5} (Schedule E) 6. Join~ Owned Prpperty (Schedule F) (6) [~] Separate Billing Requested 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7) (Schedule G or L) 8. Total Gross Assets (total Lines 1.7) 9. Funeral Expenses & Administrative Costs (Schedule H) (9) 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) (10) 11. Total Deductions (total Lines 9 & 10) 12. Net Value of Estate (Line 8 minus Line 11 ) 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 4 NORTH HANOVER STREET CARLISLE, PA 17013 (8) (11) (13) (14) 90,000.00 OFFICIAL USE ONLY 22~430.01 3,601.83 12,569.53 4,408.19 116,031.84 16,977.72 99,054.12 99,054.12 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 r--1 > > BE SURE TO ANSWER ALL x ~ ¢5) 99,054.12 x :045 (16) x .12 (17) x .15 (18) EXHIBIT 4,457.44 (19) 4,457.44 AND RECHECK MATH < < COMV~DNWEALTH OF PENNSYLVANIA INHEPJTANCE TAX RETURN RESIDENT D~(~I~DI~NT SCHEDULE A REAL ESTATE ESTATE OF FILE NUMBER FANUS. PEARL M, ~1 02 072~ All real propert7 owned solely or as a tenant in co,~i~,on must be reported at fair market value. Fair market value is defined as lhe pdce at which property would be exchanged between a willing buyer and a willing seller, neilher being compelled to buy or sell, bolh having reasonable kn~ledge of the relevant facts. Real property which is jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM NUUBER DESCRIPTION VALUE AT DATE 1. 231 West Willow Street OF DEATH Carlisle, PA 17013 Appraisal Attached TOTAL (Also enter on line 1, Recapitulation) (If more space is needed, insert additional sheets of the same size) 90,000.00 90,000.00 COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATE OF FILE NUMBER FANUS. PEARL M, 21 Q2 072~ Include ~ proceeds of liligation and the date the proceeds were received by the estate. All property jointly-owned with the right of survivorship must be disc!e__~ on Schedule F. ITEM NUMBER DESCRIPTION VALUE AT DATE 1. M&T Account OF DEATH 1,194.95 4 6 Acct# 2673011892 M&T CD Acct# 31003911180386 Savings Bonds 1982 Oldsmobile Firenza Miscellaneous personal property TOTAL (Also enter on line 5, Recapitulation) 20,012.65 572.41 450.00 200.00 7 (If more space is needed, insert additional sheets of the same size) 22~430.01 COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE F JOINTLY-OWNED PROPERTY ESTATE OF FILE NUMBER FANUS. PEARL rvl, 21 02 072~ ff 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 ADORESS RELATIONSHIP TO DECEDENT A. Patricia Sue Fanus Stibilz 231 West Willow Street Daughter Carlisle, PA 17013 JOINTLY-OWNED PROPERTY: Lei it.H DATE DESCRIPTION OF PROPEHiY % OF DATE OF DEATH ITEM FOR JOINT MADE Include name o~ r~lancial inslitulion and bank accounl numbe~ or similar idenlifl/ing number Attach DATE OF DEATH DECO'S VALUE OF NUMBER TENANT JOINT deed for joinlyheld real estate. VALUE OF ASSET INTEREST DECEDENT'S INTERNS 1. iA. 1/4/99 Waypoint Account Checking 3,188.23 50. 1,594.1~ Acct # 1700032064 2 :A 5/29/98 Waypoint Account Savings 4,015.41 50. 2,007.71 Acct # 1750011151 TOTAL (Also enter on line 6, Recapitulation) $ n~, ............................... 3,601.83 space ~s needed, insert additional sheets of the same size) R~'~f-1511EX ~t-gz)~ '~ COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF FANU$, PEARL M, Debts of decedent must be reported on Schedule I. FILE NUMBER 21 02 0728 ITEM NUMBER DESCRIPTION 2 3 4 5 8 9 10 11 12 13 FUNERAL EXPENSES: Hoffman Roth Funeral Home Mabel Lebo - luncheon Pastor Shellenberger - luncheon George's Flowers Mabel Weirman - luncheon ADMINISTRATIVE COSTS: Personal Representative's Commissions Name of Personal Reprasentative (s) Patricia Sue Fanus Stibitz Social Secudty Number(s) I EIN Number of Personal Representative(s) 209-36-3886 Street Address 231 West Willow Street c~y Carlisle State PA Year(s) Commission Paid: Attorney Fees Broujos & Gilroy, P.C. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant zp 17013 Street Address Relationship of Claimant to Decedent Probate Fees State Zip Accountant's Fees Tax Return PrepareFs Fees Register of Wills Filing Short Certificates Cumberland County Law Journal The Sentinel - legal advertising Final Inheritance Tax Return Family Settlement Agreement TOTAL (Also enter on line 9, Recapitulation) $ AMOUNT 481.80 155.00 100.00 254.34 100.00 5,000.00 6,000.00 267.00 30.00 75.00 74.39 15.00 17.00 12,569.53 (If more space is needed, insert additional sheets of the same size) · R~V45~2 EX~ ¢-~71 · COMMONWEALTH O~ PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULEI DEBTS OF DECEDENT, MORTGAGE LIABILITIES & LIENS ESTATE OF FANUS, PEARL M. Include unreimbursed medical expenses. FILE NUMBER 21 02 0728 ITEM NUMBER DESCRIPTION 1. 2002 School Taxes - Darlene Moyer 10 11 12 13 14 15 UGI Gas Sprint Yellow Breeches Ambulance Thornwald Hone - TV Rental PP&L Comcast Cable Thornwald Home - Medical Records PP&L Comcast Cable Sprint UGI Gas Borough of Carlisle Thornwald Home PharAmerica TOTAL (Also enter on line 10, Recapitulation) AUOUNT 910.49 88.00 31.45 34.80 12.50 15.04 86.75 15.16 38.20 31.51 86.91 27.06 1,388.18 6202 4,408.10 (If more space is needed, inserl additional sheets of the same size) .-, Continuation of REV-1500 Inheritance Tax Return Resident Decedent 'FANUS, PEARL M. 21 02 Page 1 Schedule I - Debts or Decedent, Mortgage Liabilities, & Liens O728 ITEM NUMBER 16 17 18 19 20 21 DESCRIPTION Darlene Moyer- Personal Tax Ebener Associates - house appraisal Patricia Stibitz - reimbursement for trash removal, cleaning supplies, cleaning for home 2003 County Taxes - Darlene Moyer 2002 Tax Return Preparation - Harold Fraker Diversified Appraisal SUBTOTAL SCHEDULE I GRAND TOTAL SCHEDULE I AMOUNT 10.00 275.00 600.00 427.48 15.00 250.00 1,577.4F~ $ 4,408.19 COMMONt/VEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF SCHEDULE J BENEFICIARIES FILE NUMBER FANUS. NUMBER II. )EARL M NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY TAXABLE DISTRIBUTIONS (include outfight spousal distributions) Irwin E. Fanus 21 02 0728 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE Bo Not List Trustee(s) OF ESTATE Son Son 33.3% Jack Richard Fanus Patricia Sue Fanus Stibitz Daughter 33.3% (If more space is needed, insert addilional sheets of the same size) TOTAL OF PART [! - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV 1500 COVER SHEET B, CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINE: NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE 15 THROUGH 17, AS APPROPRIATE, ON REV 1500 COVER SHEET $ 33.3% LAST WIIJL AND TESTAMENT OF PEARL M. FANUS I, Pearl M. Fanus, of Carlisle, Cumberland County, Pennsylvania, declare this to be my last will and revoke any will previously made by me. ITEM ONE: I direct that all my debts and funeral expenses, including my gravemarker shall be paid from my residuary estate as soon as practicable after my decease as a part of the expense of the administration of my estate. ITEM TWO: I make the following specific bequests as set tbrth on Attachment "A'. ITEM THREE: I give, devise and bequeath the rest, residue and remainder of my estate to my three children, Irwin E. Fanus, Jack Richard Fanus and Patricia Sue Fanus Stibitz, share and share alike per stirpes. ITEM FOUR: I appoint Patricia Sue Fanus Stibitz, Executrix of this my last will. ITEM FIVE: In writing this my Last Will and Testament, it has been my desire to treat each of my children fairly with my material possessions and equally with my love. It is my hope and desire that the love and joy which we have shared together will continue in my absence and that you will be as close and loved by each other as you have been to me. May God richly bless each of you. ITEM SIX: All estate, inheritance, succession and other taxes, imposed or payable by reason of my death, and interest and penalties thereon, with respect to all property comprising my gross estate for tax purposes, whether or not such property passes under this will, shall be paid out of the principal of my residuary estate, without apportionment or right of reimbursement. ITEM SEVEN: I direct that my personal representative o.r guardian shall not be required to give bond for the faithful performance of their duties in any jurisdiction. Pearl M. l~anus ' PAGE ONE OF FIVE PAGES ITEM EIGHT: In addition to the rights and powers given to the fiduciaries by law or elsewhere in this will, I give to my Executor during the full time necessary and for the administration of my estate the following rights and powers to be exercised in his sole discretion: A. To retain any real or personal property which may at any time form a part of my estate so long as he or she deems it advisable. B. To invest in any real or personal property without restrictions to legal investments. C. To repair, alter, improve or lease for any period of time any real or personal property and to give options for leases. D. To sell at public or private sale, for cash or credit, with or without security, to exchange or to partition real or personal property, and to give options for leases. Eo To make distribution in kind. F. To compromise claims. IN WITNESS WHEREOF, I have hereunto set my hand this r-) day of /'~,4~ ,2002. SIGNED Pearl M. Fanus The preceding instrument, consisting of this and three other typewritten pages each identified by the signature of the Testatrix was on the day and date thereof signed, published and declared by the Testatrix therein named as and for her last will, in the presence of us, who at her request, in her presence and in the presence of each other have subscribed our names. PAGE TWO OF FIVE COMMONWEALTH OF PENNSYLVANIA - · SS COUNTY OF CUMBERLAND · witnesses whose names are signed to the attached or foregoing instrument being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument as her last will; that she signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the will as witnesses; and that to the best of our knowledge, the Testatrix was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn and subscribed before me this 7 ['' day o ,Ju~c.,.~,..~'~ ,2002. Notaryl Public Nolat iai Seal [~ndgot Ann Corco~an. Notar)~ Public C.l¢lisle D(;,o. Cumbedand County Commissl.. Expires June 10.2~2 My PAGE THREE OF FIVE PAGES COMMONWEALTH OF PENNSYLVANIA · · SS COUNTY OF CUMBERLAND . I, Pearl M. Fanus, whose name is signed to the attached instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my last will; that I signed it as my free and voluntary act for the purposes therein expressed. Pearl M. Fanus Sw ~9~_ and affirmed to and acknowledged before me this ~ ~ ~ ,2002. ' Notary Public {" day of '° 'l Notarial Seal Bridget Ann Corcoran. Notary Public C,~i'h~-Ie Boro, Cumberland Coonty 2002 I ~,4y Commission Expires June 10, PAGE FOUR OF FIVE PAGES ATTACHMENT "A" TO WILL OF PEARL M. FANUS Personal property to be distributed to the following: Patricia Fanus Stibitz: 2. 3. 4. 5. 6. Irwin Fanus: 2 antique-Victorian chairs (black seats) I red chair with rollers Grandfather clock. Amique pictures and mirrors Toys in attic My diamond ring 1. ,,~l~e steam engine and grinder in the garage. They are old. rather than wait until my death. 2. The gun upstairs in the front room. It was your father's gun. 3. The television in the middle room. 4. 2 antique chairs (green velvet seats) Jack R. Fanus: I gave them to Irwin 2. 3. 4. Cherry drop leaf table The chest in the vestibule 2 Antique chairs (green velvet seats) The knee hole desk and chair with green flower seat To My Three Children: It has been my desire to treat each of my children fairly with my material possessions and equally with love in my absence. May God richly bless each of you. I love all of you Mother (Pearl) Pearl M. Fanus PAGE FIVE OF FIVE ~OHN H. BROUIOS HUBERT X. GILROY BROUJOS & GILROY, P.C. ATTORNEYS AT LAW 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-4574 FACSIMILE: (717) 243-8227 jb roujos@broujosgilroy, corn hgilroy@broujosgilroy, com NON-TOLL FOR HARRISBURG AREA 717-766-1690 November 13, 2003 Patricia S. Stibitz Irwin Fanus Jack R. Fanus Re: Estate of Pearl M. Fanus Dear Patty, Irv and Jack: We have been going back and forth on the sale of the house, and I have advised all of you that it is not prudent to distribute all of the monies to each of you at the time of the sale of the house. Jack is now indicating he will not purchase the house unless he gets a credit for his 1/3 interest on the sale of the real estate. Irv has indicated to me that he will also not agree to the early distributions unless he receives his full 1/3 from the sale of the house. I have advised that there are simply not sufficient funds in the account to handle distribution along the lines Jack and Irv propose at this particular time. At this time, I want to give you some preliminary information relative to available cash in the Estate account. Along these lines, I again enclose a copy of the Inheritance Tax Return. I also enclose a copy of the check ledger from the Estate account. The original check ledger shows an opening balance of $6,847.26. That deposit came from 3 sources: Ao Bo The M&T Account of $1,194.95 (Item 1 on Schedule E of the Inheritance Tax Return). The Waypoint Savings Account of $4,015.41 (Item 2A on Schedule F of the Inheritance Tax Return). Patricia Stibitz, Irwin Fanus and Jack Fanus November 13, 2003 Page 2 The balance remaining in the checking account of $1,603.43 - the checking account is shown as Item lA on Schedule F and lists a value of $3,188.23 which was the amount in the account at the time of your mother's death. I enclose the account ledger for that account that shows the bills Patty paid after you mother died that brought the balance down to $1,603.43.) The ledger for the Estate account shows deposits of $20,008.16 which was for the M&T CD, $420.75 which was monies received from Jackson Insurance on an annuity, $144.07 which was another insurance refund, $572.41 which was the redemption of the bonds your mother owned, $288.75 which was payment from Jackson to M&T and a $700 payment from Patty for purchase of items of personal property. The account shows all of the other expenditures Patty has made from the Estate account since that time which includes Real Estate Taxes, Inheritance Taxes and other obligations. In my view, ali of these expenses appear to be quite legitimate and not subject to challenge. There was a few checks cut to Patty, and I will address those checks as follows: Check Number 111 was for $5,438.85. This was money Patty paid for improvements to the house while she was living there or before she was living there. Copies of invoices for improvements and these expenses are enclosed. w Check Number 104 was for $600.00. Patty cut this to herself, used it to purchase cleaning supplies and also pay Lisa and Laurie for assistance in cleaning. This was $500.00 in cash that she paid. Check Number 125 was a payment to Patty but was a reimbursement to her for a payment she made for the tombstone engraving. The account now shows a balance of $11,472.82. The Estate proposes to sell the real estate to Jack for $97,000.00. Because real estate taxes have already been paid, the Estate will receive a credit on those taxes, the amount to be dependent upon the exact date of settlement and how the proration works out. The Estate will also pay $970.00 in Transfer Tax. I believe it is safe to assume the tax proration in favor of the Estate will be less than the $970.00 obligation for Transfer Tax. Accordingly, the Estate will be netting somethi~g less than $97,000.00 from the sale of the real estate. Assuming Jack goes through with the transaction, the Estate would also net Patricia Stibitz, Irwin Fanus and Jack Fanus November 13, 2003 Page 3 approximately $2,800~00 for Jack's purchase of the personal property. This would result in an approximately $99,000.00 credit to the Estate. Jack and Irv have suggested that the only way they will agree to the transaction at this time is for each of them to receive their 1/3 interest at the real estate at the time of sale. A 1/3 interest between everyone on $97,000.00 equals $32,333.00. If $32,333.00 was distributed to Irv and Patty at time of settlement and Jack received his credit of $32,333.00 by virtue of the purchase of the real estate, when the dust settles the Estate account would still have approximately $12,000.00 in it. The following issues would still remain: Our office has not been paid any legal fees or reimbursement for costs advanced. The costs we have advanced are listed as Items 7 through 12 of Schedule H and themselves total in the neighborhood of $500.00. I am also enclosing our bill for services rendered to date based upon an hourly rate, and you can see that our current bill is close to $4,000.00. Be assured that the continued inability of all three of you to sit down and resolve these issues has caused continued additional work on my part and on Bridget's part and fees will only increase as we move further in this case. There is an issue with respect to whether Patty is going to take her Executor's fee and, if so, the amount of the fee. Ce Based upon what comments have been made to date, I suspect there may be a suggestion that some of the expenses that Patty reimbursed herself for relative to the house may be claimed to be not legitimate expenses of the Estate, and we will have to sort out those issues. De I remind you that Patty has also suggested in the past that she may seek reimbursement for some expenses she paid for your mother prior to her death. Whether there is an agreement on that and whether Patty can legitimately assert that claim remains to be seen. Most importantly, in the event there is a suggestion that Patty inappropriately paid some bills, there needs to be the ability to deduct those bills from a share going to Patty rather than having Patty have received her money and then expect her to repay it to the Estate. In other ~vot-ds, we should not distribute Estate assets if there are still outstanding claims and disag~-eements between the parties. Patricia Stibitz, Irwin Fanus and Jack Fanus November 13, 2003 Page 4 I trust the above gives you sufficient information for you to at least understand why I am very hesitant and unwilling to proceed with the sale of the real estate and each of you get a credit of $32,333.00. We need to ensure there is sufficient monies kept in the Estate to resolve all of the issues I have set forth above, and to resolve any other issues that may arise in the meantime. I suggested that a compromise of $20,000.00 or $25,000.00. If Jack received a credit of $25,000.00 on his purchase of the real estate based upon his Estate interest and Irv and Patty received checks for $25,000.00 upon the sale of the real estate, we would still have an Estate account balance of about $33,000.00. I am not completely happy reserving only those monies, but I think it would be a prudent number to hold back at this particular time. That money would be held in the Estate account and we could then try to sort out the issues as set forth above. If you think we can sort out ALL of the issues set forth above and ALL THREE OF YOU CAN AGREE in writing how to proceed on each and every issue, we can do an Estate settlement agreement in conjunction with sale of the real estate. Under that scenario, I would only suggest we reserve monies to pay any accounting fees that would be necessary relative to the filing of a final Income Tax Return. However, absent a full and final agreement at this time, we need to withhold sufficient monies to address all of the outstanding issues. It is important for you to understand that Patty, in her capacity as Executrix, has the ability to merely sell the property. Accordingly, we do not need Irv's written agreement on anything. However, I will require a written agreement from everyone if we are going to give Jack any credit right off the bat when the property is sold. Absent an agreement from everyone, the options at this time are quite simple: Ae Jack purchase the property for $97,000.00. He would pay the full amount, and that money would be paid in the Estate account. The Estate would be distributed at a later date after either an agreement is reached or after an accounting is approved by the court. Be If Jack does not want to purchase the property under these arrangements, Patty will proceed immediately with a sale to a third party. Patty will immediately list the property with a realtor. As I am sure you know, this will essentially cost the Estate 6% on the sale price and there is no guarantee that we will get someone to buy the property for $97,000.00. Furthermore, while the property stays on the market, the Estate continues to incur expenses. Patricia Stibitz, Irwin Fanus and Jack Fanus November 13, 2003 Page 5 Accordingly, everyone needs to make a decision at this point. We need Irv and Jack's position on this matter as soon as possible. If a resolution is not achieved by Monday, November 24, 2003, Patty will secure a realtor and list the property for sale. At that time, anyone can buy the property, including Irv, Jack or Patty and the Estate will be subject to paying real estate commissions, transfer tax and some other expenses that may be involved in the transaction. I await your direction. dca Sincerely yours, Enclosures A. B. TYPE OF LOAN: OMB NO. 2502-0265 'h U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT 1.r-]FHA 2. E]FmHA 3. r-]CONY. UNINS. 4. [--~VA 5. E]CONV. INS. 6. FILE NUMBER: SETTLEMENT STATEMENT P-137410 I 7. LOAN NUMBER: 8. MORTGAGE INS CASE NUMBER: C. NOTE: This form is fumished 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 ir~cluded in the totals. 1.0 3/98 (FANUS, JACK.PFD/Po137410/3) D. NAME AND ADDRESS OF BORROWER: E. NAME AND ADDRESS OF SELLER: F. NAME AND ADDRESS OF LENDER: Jack R. Fanus and Estate of Pearl M. Fanus Lois A. Fanus 231 West Willow Street 115 Sunset Drive Carlisle, PA 17013 Mt. Holly Springs, PA 17065 G. PROPERTY LOCATION: H. SE I ! LEMENT AGENT: 23-2267691 231 West Willow Street I. SETTLEMENT DATE: Carlisle, PA 17013 Broujos & Gilroy, PC Cumberland County, Pennsylvania PLACE OF SETTLEMENT December 17, 2003 4 North Hanover Street Carlisle, PA 17013 NSACTION 101. Contract Sales Price ! 97,000.00 401. Contract Sales Price 102. Personal Property -- 97,000.00 402. Personal Pro_.0p_~~ 103. Settlement Charo~s to Borrower~ i 1,849.2'----~ 403. 105. 404. n r i n 405. I V n ~/Town Taxes to ; 406. City/Town Taxes to 107. County Taxes 12/18/03 to 01/01/04 i 16.40 407. County Taxes 12/18/03 to 01/01/04 16.4~' 108. School 12/18/03 to 07/01/04 ' 109. ~ 536.52 408. School 12/18/03 to 07/01/04 i 536.5"~' 110. ~ 409' 410. 111. :: 411. 12. 120. GROSS AMOUNT DUE FROM BORROWER ; 412. , 99,402.17 420. GROSSAMOUNTDUE TO SELLER i 97,552.92: 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 201. Deposit or earnest money i 501. Excess Deposit (See Instructions) 202. Principal Amount of New Loan(s) i 502. Settlement Charges to Seller (Line 1400) ~ 973.50 203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to 204. 205. i 504. Payoff of first Mortgage i 505. Payoff of second Mortgage 206. ,, 207. 506. 208. CreditJl/3 Estate Distribution ~; 507. 209. i 32,333.33 508. CrediF1/3 Estate Distribution Adjustments For Items Unpaid By Seller 509. i 32,333.33 Adjustments For Items Unpaid By Seller 210. City/Town Taxes to i 510. City/Town Taxes to 211. County Taxes to :, 511. County Taxes to 212. School to ~ 213. : 512. School to 513. 214. ~ 514. 215. i 515. 217. I 516. ~ 517. 218. 219. r 518. i 519. 220. TOTAL PAID BY/FOR BORROWER i 32,333.33 520. TOTAL REDUCTION AMOUNT DUE SELLER ! 33,306.83 300. CASH AT St= I I LEMENT FROM/TO BORROWER: 600. CASH AT SETTLEMENT TO/FROM SELLER: 301. Gross Amount Due From Borrower (Line 120) : 99,402.17 601. Gross Amount Due To Seller (Line 420) i 97,552.92 302. Less Amount Paid By/For Borrower (Line 220) :i( 32,333.33) 602. Less Reductions Due Seller (Line 520). i( 33,306.83 303. CASH( X FROM)( TO)BORROWER ; 67 068.84 603. CASH ( X TO) ( FROM) SELLER i 64,246.09 The undersigned hereby acknowledge receipt of a comp eted coDv of Daoe_~ 1,t,? r,¢ thi~ ~f~ .... ~ ~ Borrower Jack R. Fanus Lois A. Fanus Seller any attachments referred to herein. Estate of Pearl M. Fanus HUO-1 (3-86} RESPA, HB4305 2 Pa~e 2 L. SI:T~LEMENT CHARGES 700. TOTAL COMMISSION Based on Price $ ~.. 0.0000 o~ PAID FROM PAID FROM Division of Commission (line 700) as Follows: BORROWER'S SELLER'S 701. $ to FUNDS AT FUNDS AT 702. $ to 703. Commission Paid at Settlement SETTLEMENT SETTLEMENT 704. to 800. ITEM~ PAYABLE IN CONNECTION WITH LOAN 801. Loan Origination Fee 0.0000 % to 802. Loan Discount % to 803. Appraisal Fee to 804. Credit Report to 805. Lender's Inspection Fee to 806. Mortgage Ins. App. Fee to 807. Assumption Fee to 808. 80g. 810. 811. 900. ITEMS REQUIRED By LENDER TO BE PAID IN ADVANCE 901. Interest From to @ $ /day ( days %) 902. MIP Totlns. for LifeOfLoan for months to 903. Hazard Insurance Premium for 1.0 years to 904. 905. 1000. RESERVES DEPOSITED WITH LENDER 1001. Hazard Insurance months (~ $ per month 1002. Mortga~le Insurance months ~ $ per month 1003. City/Town Taxes months @ $ per month 1004. County Taxes months @ $ per month 1005. School months @ $ per month 1006. months (~ $ per month 1007. months ~ $ per month 1008. months ~ $ ..._p,.~_month 1100. TITLE CHARGES 101. Settlement or Closin!~ Fee to 1102. Abstract or Title Search to 103. Title Examination to 1104. Title Insurance Binder to 1105. Document Preparation to 1106. Notary Fees to Cash 1107. Attorney's Fees to 3.5(3 ~[includes above,item numbers: 1108. Title Insurance to Commonwealth Land Title Corn a__.~_.~y~ (includes above item numbers: 840,75 1109. Lender's Coverage $ ) 1110. Owner's Coverage $ 97,000.00 1111. 1112. 1113. 1200~ING AND TRANSFER CHARGES 1201. Recording Fees: Deed $ 38.50; Mortgage $ - Releases $ 38.50 1202. Ci /Coun Tax/Stam s: Deed ~ 970.00 1203. State Tax/Stamps: Revenue Stamps ' Mortgage 1204. 970.00 1205. 130 .ADDITIONAL SETTLEMENT CHARGES 1301. Survey to 1302. Pest Inspection to 1303. 304. 1305. 1400. TOTAL S~- I I LI=MENT CHARGES (Enter on Lines 103, Section J and 502, Section K) 1,849.25 973.50 By sigmn~l Pac~e I of this statement the Ainn~fnri~ ~3t'-bn~,A~l~A ...... ;~. --~ ~ge receipt of a completed copy of page 2 of this two page statement. Certified to be a true copy. Broujos & Gilroy, PC Settlement Agent ( P-13741o i p-13741o / 3 } ROWE.A i 3 - AU 1092L B - AU 2276L R. D. 4, Box 353 · Carlisle, PA 249-2677 -- 249-1978 AucUon Is Action Call "ROWE"For June 28, 2003 TO: Patricia Stibitz Executrix 2900 Society Hill Drive, Apt 8 Camp Hill, PA 17011 CP: Hubert X Gilroy Attorney 4 North Hanover STreet Carlisle, PA 17013 FR: Benny E. Rowe Appraiser/Auctioneer 2505 Ritner Highway Carlisle, Pa. 17013 (717) 249-2677 RE: Pearl Fanus Estate, 231 West Willow Street, Carlisle, PA, Personal Property Appraisal. At current Auction Market Value. PAGE 2 Floor Light Mirror Lamp Stand Mahogany Card Table Blue Arm Wing Chair Oval Gold Mirror Brass Table Light Floral Sofa Reclining Chair Lamp Stand Bohemian Style Light hitchock Arm Chair Brass Bucket ~ Wood Iron Board Mahogany Double Pedestal Desk Brass Desk Light Misc. 6 Pcs. Maple Dinette Set Metal Cabinet Ma~tag Refrigerator Maytag Gas Stove Maytag Auto. Washer Maytag Dryer Kenmore Microwave Microwave Stand Small Electrical ApPliances 2 Griswald Skillets Misc. Small Kitchen Items Pots, Pans, Baking Glass, China, etc. Yellow Chest Brass Light Misc. Kitchen Cabinet Base Metal Cabinet Meat Bench Dehumidifier Metal Pot Misc. Tools Misc. Storage Chippendale Style Mirror 4 Pcs. Cherry Bedroom Suite Costume Jewlery 2 Vinyl Chairs $ 4.00 5.00 8.00 65.00 25.00 12.00 4.00 65.00 15.00 10.00 20~00 4.0O 8.00 150.00 20.00 185.00 65.00 135.00 85.00 20.00 10.00 22.00 12.00 32.00 28.00 18.00 25.00 4.00 12.00 15.00 5.00 12.00 15.00 5.00 6.00 18.00 25.00 450.00 110.00 10.00 PAGE 3 2 Brass Lights Caneback Chair Mahogany Corner stand 5 Tier Knick Knack Shelf Piano Stool Mahogany Stand Ironstone Tea Pot Ironstone Bowl Maple Frame Living Room Suite Platform Rocker Mahogany Pie Crust Stand 2 Drw. File cabinet Maple Mirror Iron Frog Table, Floor Lights Telephone Stand Misc. Step Ladder Extension Ladder lawn Roller Boat Motor Shelving Stoneware Jugs Wood Box Cedar Chest Porch Rockers Fans Lanterns Scooter Bicycle Railroad Sign Decorators X-mas Related Misc. Storage Household Small Hand tools Long Handle Tools Misc. Hardware TOTAL $ 10.00 5.00 25.00 40.00 30.00 15.00 45.00 10.00 5.00 N/V N/V 70.00 6.00 3.00 12.00 6.00 30.00 28.00 12.00 20.00 8.00 20.00 8.00 20.00 40.00 35.00 45.00 4.00 12.00 5.00 5.00 225.00 65.00 15.00 85.00 35.00 15.00 15.00 Benny E. Rowe ESTATE OF PEARL M. FANUS COSTS ADVANCED BY FIRM OF BROUJOS & GILROY, P.C. Register of Wills - Filing Fee Cumberland Law Journal Advertising Fee The Sentinel Advertising Fee Register of Wills - Short Certificates Regis'ter of Wills - Inheritance Tax Return $267.00 $ 75.00 $ 74.39 $ 30.00 $ 15.00 TOTAL $461.39 PETITION FOR PROBATE and GRANT OF LETTERS Estate of Pearl M. Fanus No. 2'02' I~ZB also known as To: Register of Wills for the Deceased. County of Cumberland in the Social Security No. 166-12-56 5 Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older an the executrix named in the last will of the above decedent, dated .Tanuary 7 , 2CC2 , ~~,_ and codicil(s) dated (state relevant circttmstanccs, e.g. renunciation, death of executor, etc.) Decendent was domiciled at death in Cumberland County, Pennsylvania, with h Pr last family or principal residence at 231 West Willow Street, Carlisle (list street, number and muncipality) Decendent, then 89 years of age, died July 10, 2002 ~ }~ at_ Thnrnwald Htime~ Carlisle, Cumberland County, Pennsylvania . Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: Decendent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property $ 80, 000.00 (If not domiciled in Pa.) Personal property in Pennsylvania $ (If not domiciled in Pa.) Personal property in County $ Value of real estate in Pennsylvania $ 85 000.00 situated as follows: 231 West Willow Street, Carlisle, CUmberlan ounty WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters testamentary (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) [heron. u v ~.. u ~ ~ c ~ .o c A •~ ~v ~a v~ ~ o m Patricia S. Stibitz 4 Sunset Court bur PA 17019 , ~~ ~-- OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA ~ ~' COUNTY OF ('.umberland The petitioner(sl above••c,imed swear(s) or affirm(s) that the statements in the foregoing petition are true and correct to the b,vsr of ti.' knowledge and belief of petitioner(s) and that as personal represen- tative(s) of the abo~•c tieced:nt petitioner(s) will well and truly administer the estate according to law. Sworn to or affirr:, l 4t~ind subscribed before me this _ Say of AUGUST 2002 ~~ St DONNA M OTTO 15t D PU' ~ er o`o' i ~ ricia S. Stibitz ~ ~1~~~~ ~ ~ ~i .~ \~-S~l-q No. 2 ~ - oz- -~ z,a Estate of Pearl M. Fanus ,Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW AUGUST 14, 2002 x_, 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 O 1-07-2002 described therein be admitted to probate and filed of record as the last will of PEARL M FANUS and Letters TESTAME are hereby granted to PATRICIA SUE FANUS STIBITZ FEES Probate, Letters, Etc.......... $ 235.00 Short Certificates( ) .......... $ 15.00 ~~~xx• extra .pages $ 1 ~ , ~~ _ icp $ 5.00 TOTAL $ 267.00 Filed 8-14-2002 ................................... called atty 8-14-2002 NNA M 0`I`I'C~eoiscer of Wil 1St E ~„ ~~ Hubert X. Gilroy (29943) ATTORNEY (Sup. Ct. LD. No.) Broujos & Gilroy, P.C. 4 N. Hanover St., Carlisle, PA 17013 ADDRESS (717) 243-4574 PHONE 11G~.ROs rtlV'~: Rl -hhis is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as ).Deal Registrar. The original certificate will be forwarded to the State Viral Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $2.O~D P 8481993 N o. N,DS.,uR« 21ST WT iNT Local Registrar JULl 1 2002 Date COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH NAME OF DECEOEM IFex. Mrdpe.lal -- -- - SE% SOCIAL Sf:CVRITY NUMBER~ DATE OF DEIITN,MprMl, Oay.'reMl ~ +• Pearl M. Fanus ].Female ]•166 - 12 - 5625 a• Jul 10, 2002 AGE )last B+mday) UNDER t YEAR UNDER I DAr DATE OF BIRTH BNTTNPLACE (Ch and !MOnm Da ''tal 'Ml F M r C PLACE OF OEQN lGreca aiy rare - xa nyrucl,ory mlalnr odl 89 onl y r Daya 11011n . MNNw . y aagn aa wnyl iddlesex Tw HOSPITAL: OTHER: Yra. May29,1913 p. , ,,,p.,;.m ^ ERIOupal»,nt ^ DDA C ~ ~ ^ ^ E x e. 7Cumb.Co.7PA „ R.ad.nn MI ~., COUNTY OF DEATH CT', BORO. T WP OF DEATH FACILT' NAME (N np1 uKnMron. gwa SIrM and raxnbnr WAS DECEDEM OF NISPANM:ORIGIN7 RACE - Amargn Inaan, Bgdt, VTMa. sa:. ' Ng ® Yw ^ N yaa, apady CWan, (SOaHI - Cumberland Carlisle Thornwald Home M.a¢m PdrroRkan «~ Whit , . e .. k. b. .. ,g. DECEDEM'S USUAL OCCUPA7N7N IDNOOF BUSINESS/INDUSTRY YMS DECEDENT EVERIN DECEDENT'S EDUCATION MMITAI STATUS-MamiW SURVIVNIG SPWSE IGM IUMawaa dgn dx crrm U.S ARMED FORCE57 A ad N . c aarMmiW,yYrRAwd, Ip wAe. ~.. mypm ~yl a rorainq aN; d oat ux rebeal Yw ^ N ® ENrrrarn+rYry CdNga DiorcW (Spats o - „~ Baker ,,. Bakery jO'r 12 n•a5•l Widowed . :. ,]. ,.. ,N. DECEDEM'S MAN-ING A0011 M,C ,Si,Zq CoEN DECEDENT'S pA 2 1 i~~ St ~ /7e,^ Na. MeaMn YraO In 3 west W ow ~T~~ +T•-s+.la Carlisle, Pa 17013 ~~ w n.n' no on soar safe) sawnaNP7 No, a.c.dwll Nwd ». ,y.. CLtmharl and na® wNNnacnWNlrMaa [`arl i al a . A fAT1ER'S NAME IFrll, MrdQa. uap c y arn. MOTHER'S NAME IFaM. MEW. Maalan Swrwnl ,.- Harry P. Myers „• Jennie R. Gephart NIFDRMAM'S NAME (Typsd'ri,3 INfOf1MANT'S MNLBq ADDRESS ISeaM. Ciy/Wwal. SIW. Zp Cad) ]... Patricia S. Stibitz ggp. 4 Sunset Court .illsbu Pa 17019 METNOOOf pSPOSITNJII DATE OF pSPOSITION ^ (Mam•O.r.eMr) Q9 crm,Mial^ RIaIIwalaomSl l PLACE OF aSPOSITM)N.Namaa CMMary, crwnmry LOCQM)N-Ciry/fuwr, $MI.,Ip Gpd «OIMIPMp a . ~^ a w ^ July 13 2002 Westminster Memorial , - :'~ :,e. Gardens ],.. ,,. Carlisle, PA - RE FUNS yIFE ASSVCM LICENSE NUMBER NAME ANDADpRESSOFfACIIT' Hoffman-Roth Fti]Ileral Home ,~, 014819 L m. 219 Nor h Hanove Cd li le Pa 17013 aama 2]ae ady wean urtMyng tlIa Daa a my k , dale occwrsa al IM Irma, dIa ane Place srnee. LN;ENSE NUMBER DRE SIGNED PM.o.n+na arr.N.w ac uma or dam a ~ ane Tna) Ham. .1aar1 ' drMyCYMadaMA. p~,/L r IQ.~ n.. - Nsl ]]e. ]]a. v Narlt•2e-]B rna1lWCOnpNlad uy TIM H DAIEP OUNCED DEAD IMOrnn. pay, Ywr) MNSCASE REFERRED TO MEDICAL EIUMINERICORONE - penm aaq pronoralew dwm. /Y1Qt0~1v ~~ ~ Q rH^ NO M°'r ]7. PMT I: EMar NN disaawt, irjaiw a WmpeCalixat wNC11 quaad 1 dale. Oo na agar IM ngda I Dying, Naa ureiaea rospiralay anaM,eMCa or Marl htlun. APproainna PART 11: OPrr agnilkanl urrOYiorr odwOulMgbdwla. DUl L W say on uuw on aan lit. ~ iaarya aMwaan rIa raaWng n dIa mMarryip talala gi.an n PMT I. MIEdAT! GIISE ffwl ~ i anal and dwM drraawrarlon c~ o ~o-v~ C rarrq~d.nl-~ DUE T010R ASACONSEQUENCE OFy. SaguwaWyMUrrdierra D. Many, IaaArq b mlwa;Ma DUE Tp P7R AS A CONSEQUENCE OFI: , ea... Erwr uNDEm.YNiO CAaRElOraaaa. .Ylay c. • ar aruad «araa DIIE TplOR ASA CONSEQUENCE OFI: ) raarrbq n dram LAST a . YO\4 AN AUTOPSY WERE AUTOPSY fINDING3 MANNER OF DEATH DATE OFIWURY TIME OFIWURY IWURYQ VRMN7 DESCRIBE NpIy INJURY OCCURRED. PERFORMED? AMULABLE PRgR 10 (MOnm. Day Year) coMPLETanoFCAUSE ^ QF DErQHT NanXral IwmKb. YN ^ I1o^ AeeidaM Palling lnvaarlgalian ^ p ]pa. ]04. M. ]at. qa Pb {p Yw ^ No ^ SuiciOa ^ Could rbl pa dtsrmrnrM ^ PUCE OF IW URY Al I h - oma, rm, flnN, laclay, aM1ta LOCRgN (Sbwt C!y/Tpwn, Sy1a) Ma. ` tM. Z!. SuiMg• aN:. ISpecrhl ]a. ~ CERTIFIER rCI•aa say wl 'CERTIF'yRKi PM7EIpAN IPnyxvn crniyaq cay a dam when anolner Pnvscwn nae ama.ncea seam ano canaNed ham 271 . SIGNATURE IT CEP Te M a.a of mY anowNdga, dam e«umd aoa M IM eawalal and manor as a,alad .......................... Q - ........................... ]t0. 'PRONOUNCING AND CE/1TIFYING PNYSKIAN IPhysa:an can paquncvq seam all Cmrlyarq locaused geamt T d LICEN MBE DATE SNiNEDI r.Day Year) r - a re all a my krwwledge, dal11 eeeurrW al u,a llrna, data, and place, arts dw to Nn c«wla) arts manor as soled ...................... . ^ ~ OfO Z ]t<. ]10. 1 NAME ANO ADDRESS OF PERSON WNO COMPLETED CAUSE OF OEATN 'MEDICAL E%AMINEWCORONER ga yop On tM Daaif of eaaminatlPn arts/w invesll Lion, in m Inian, lath xcuned al t11e Nma dale and plate arW due Io Ma eau d (Item 271 Tyq er PriM Darryl Gui$Wite7 , , , sa(a) an ^ rn.nrl..aaalal.d .................................................................................................. ],.. 522 South Pitt St.l Carlisle) Pa 17013 ]: REGISTRAR'S $IGNA7URE ANO NU ~. ~ " - ~ . DATE fILEDIMOnm. Day, Ywrl "~ -~~,~y t1, aooa. LAST WILL AND TESTAMENT OF PEARL M. FANUS ~ 1- D,~ - -1 ~.- ~ I, Pearl M. Fanus, of Carlisle, Cumberland County, Pennsylvania, declare this to be my last will and revoke any will previously made by me. ITEM ONE: I direct that all my debts and funeral expenses, including my gravemarker shall be paid from my residuary estate as soon as practicable after my decease as a part of the expense of the administration of my estate. ITEM TWO: I make the following specific bequests as set forth on Attachment "A". ITEM THREE: I give, devise and bequeath the rest, residue and remainder of my estate to my three children, Irwin E. Fanus, Jack Richard Fanus and Patricia Sue Fanus Stibitz, share and share alike per stirpes. ITEM FOUR: I appoint Patricia Sue Fanus Stibitz, Executrix of this my last will. ITEM FIVE: In writing this my Last Will and Testament, it has been my desire to treat each of my children fairly with my material possessions and equally with my love. It is my hope and desire that the love and joy which we have shared together will continue in my absence and that you will be as close and loved by each other as you have been to me. May God richly bless each of you. ITEM SIX: All estate, inheritance, succession and other taxes, imposed or payable by reason of my death, and interest and penalties thereon, with respect to all property comprising my gross estate for tax purposes, whether or not such property passes under this will, shall be paid out of the principal of my residuary estate, without apportionment or right of reimbursement. ITEM SEVEN: I direct that my personal representative or guardian shall not be required to give bond for the faithful performance of their duties in any jurisdiction. Gi~ti~ctc%y Pearl M. Fanus PAGE ONE OF FIVE PAGES ITEM EIGHT: In addition to the rights and powers given to the fiduciaries by law or elsewhere in this will, I give to my Executor during the full time necessary and for the administration of my estate the following rights and powers to be exercised in his sole discretion: A. To retain any real or personal property which may at any time form a part of my estate so long as he or she deems it advisable. B. To invest in any real or personal property without restrictions to legal investments. C. To repair, alter, improve or lease for any period of time any real or personal property and to give options for leases. D. To sell at public or private sale, for cash or credit, with or without security, to exchange or to partition real or personal property, and to give options for leases. E. To make distribution in kind. F. To compromise claims. ~~ IN WITNESS WHEREOF, I have hereunto set my hand this ~ _ day of /k- , 2002. SIGNED ~,~~ Pearl M. Fanus The preceding instrument, consisting of this and three other typewritten pages each identified by the signature of the Testatrix was on the day and date thereof signed, published and declared by the Testatrix therein named as and for her last will, in the presence of us, who at her request, in her presence and in the presence of each other have subscribed our names. r ~V V /^rVV^// l /~1 PAGE TWO OF FIVE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss We ~w~~~~ ~ ~<~ ~2C1 Y and .-~~~cir7~;._ ~tn~~=G1~~,1 witnesses whose names are signed to the attached or foregoing instrument being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument as her last will; that she signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the will as witnesses; and that to the best of our. knowledge, the Testatrix was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. /~ Sworn and subscribed befor/e me this l ('' day of ~J , 2002. L¢s ~.•~~ Notar Public __ .__ ~ _~~~ 3v~~;~ia! Seal Bridget Ar r ( ~ . n, n~,2:3~ yY 1'uC~li~ '..~_-~..L~~~_~iN4i,,W(~Utl~barlandGvwtiy ;;~~y ~~;r,;missi..~~ Ft.plres June 10, 2002 PAGE THREE OF FIVE PAGES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss I, Pearl M. Fanus, whose name is signed to the attached instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my last will; that I signed it as my free and voluntary act for the purposes therein expressed. IC, ~J Pearl M. Fanus Swo~i and affirmed to and acknowledged before me this ~~ day of J Ct~n~ G~,~.r , 2002. Notary Pu lic ._ .. ~ ___... N~ia;ial Seal ~?r~c!~~et At~n Cc.rr- ~r ,r~, Notat Public t_.<~~+~~ ie B~:.ro, Cumberland Comity :day C;~rnn~iss~~ri E::pires June 10, 2002 PAGE FOUR OF FIVE PAGES ATTACHMENT "A" TO WILL OF PEARL M. FANUS Personal property to be distributed to the following: Patricia Fanus Stibitz: 1. 2antique-Victorian chairs (black seats) 2. 1 red chair with rollers 3. Grandfather clock 4. Antique pictures and mirrors 5. Toys in attic 6. My diamond ring Irwin Fanus: 1. ~'~e steam engine and grinder in the garage. They are old. I gave them to Irwin rather than wait until my death. 2. The gun upstairs in the front room. It was your father's gun. 3. The television in the middle room. 4. 2 antique chairs (green velvet seats) Jack R. Fanus: 1. Cherry drop leaf table 2. The chest in the vestibule 3. 2 Antique chairs (green velvet seats) 4. The knee hole desk and chair with green flower seat To My Three Children: It has been my desire to treat each of my children fairly with my material possessions and equally with love in my absence. May Gc~d richly bless each of you. I love all of you Mother (Pearl) ~.J2- ~ a~.v~ Pearl M. Fanus PAGE FNE OF FIVE ~. ~' BROUJOS & GILROY, n. C. ATTORNEYS AT LAW JOHN H. BROUJOS 4 NORTH HANOVER STREET HUBERT X. GILROY CARLISLE, PENNSYLVANIA 17013 August 19, 2002 Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Estate of Pearl M. Fanus No.: 21-02-0728 Dear Sir or Madam: TELEPHONE: (717) 243-4574 FACSIMILE: (717) 243-8227 jbroujosQbroujosgilroy. com hgilroyQbroujosgilroy.com NON-TOLL FOR HARRISBURG AREA 717-766-1690 I hereby certify that Notice of Beneficial Interest required by Rule 5.6(A) of the Orphan's Court Rules was served on or mailed to the following beneficiaries of the above referenced Estate on Monday, August 19, 2002: Irwin E. Fanus 226 West Baltimore Street Carlisle, PA 17013 Patricia Sue Fanus Stibitz 4 Sunset Court Dillsburg, PA 17019 Jack R. Fanus 115 Sunset Drive Mt. Holly Springs, PA 17065 Notice has now been given to all persons entitled thereto under Rule 5.6(A). Sincerely yours, H ert X. Gilroy dca COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 1 7 1 28-0601 RECEIVED FROM: GILROY HUBERT X ESQUIRE 4 N HANOVER STREET CARLISLE, PA 17013 fold PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT ESTATE INFORMATION: ssN: iss-12-5625 FILE NUMBER: 2102-0728 DECEDENT NAME: ZANUS PEARL M DATE OF PAYMENT: 04/ 1 0/2003 POSTMARK DATE: 00/00/0000 COUNTY: CUMBERLAND DATE OF DEATH: 07/ 1 0/2002 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 ~ 54,457.44 TOTAL AMOUNT PAID: REMARKS: PATRICIA FANUS STIBLITZ C/O HUBERT X GILROY ESQUIRE CHECK#109 INITIALS: VZ SEAL RECEIVED BY: 54,457.44 DONNA M. OTTO DEPUTY REGISTER OF WILLS REV-1162 EX111-96) N0. CD 002408 REGISTER OF WILLS ~ ~~-~~- ~ COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES DEPARTMENT OF REVENUE INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG, PA 171zs-06oi NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX REY-1547 EX ~FP (O1-OS) (-~a .;PATE 05-19-2003 h .. • _ ESTATE OF FANUS PEARL M DATE OF DEATH 07-10-2002 FILE NUMBER 21 02-0728 '03 PRY 23 i1~~ :QquNTY CUMBERLAND HUBERT X GILROY ESQ ACN 101 BROUJOS & GILROY Anoint Remitted 4 N HANOVER ST t;,~i CARLISLE PA 17013~Si~'~A:.~;. MAKE CHECK PAYABLE AND REMIT PAYMENT T0: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 CUT ALONG THIS LINE - RETAIN LOWER PORTION FOR YOUR RECORDS ~ ---------------------------------------------------------------------------------------------------------------- REV-1547 EX AFP (01-03) NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF FANUS PEARL M FILE N0. 21 02-0728 ACN 101 DATE 05-19-2003 TAX RETURN WAS: (X) ACCEPTED AS FILED ( ) CHANGED RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate ( Schedule A ) (1) 9 0 , 0 0 0 . 0 0 NOTE : To insure proper 2. Stocks and Bonds (Schedule B) (2) .00 credit to your account, 3. Closely Held Stock/Partnership Interest (Schedule C) (3) .00 submit the upper portion 4. Mortgages/Notes Receivable (Schedule D) (4) .00 of this fiorn with your 5. Cash/Bank Deposits/Misc. Personal Property (Schedule El (5) 22,430.01 tax payment. 6. Jointly Owned Property (Schedule F) (6) 3,601.83 7. Transfers (Schedule G) (7) .00 8. Total assets (g) 116, 031 .84 APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) 12,569.53 (9) 10. Debts/Mortgage Liabilities/Liens (Schedule Il (10) 4,408.19 11. Total Deductions (11) 16.977.72 12. Net Value of Tax Return (12) 99, 054.12 13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J) [13) .00 14. Net Value of Estate Subject to Tax (14) 99, 054.12 NOTE: If an assessment was issued previously, lines 14, 15 andior 16, 17, 18 and 19 will reflect figures that include the total of ALL returns assessed to date. ASSESSMENT OF TAX: 15. Amount of Line 14 at Spousal rate (15) •00 X 00 _ .00 16. Amount ofi Line 14 taxable at Lineal/Class A rate (16) 99,054.12 X 045. 4,457.44 17. Amount of Line 14 at Sibling rate (17) .0 0 X 12 - .00 18. Amount of Line 14 taxable at Collateral/Class B rate (18) .00 X 15 - .00 19. Principal Tax Due (lq)= 4,457.44 TeY CRFi1TTS• DATE NUMBER INTEREST/PEN PAID (-) AMOUNT PAID 04-10-2003 CD002408 .00 4,457.44 TOTAL TAX CREDIT 4,457.44 BALANCE OF TAX DUE .DO INTEREST AND PEN. .00 TOTAL DUE .00 * IF PAID AFTER DATE INDICATED, SEE REVERSE ( IF TOTAL DUE IS LESS THAN S1, NO PAYMENT IS REQUIRED. FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS REFLECTED A5 A "CREDIT" (CR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.] RESERVATION: Estates of decedents dying on or before December 12, 1982 -- if any future interest in the estate is transferred in possession ar enjoyment to Class B (collateral) beneficiaries of the decedent after the expiration of any estate for life or for years, the Commonwealth hereby expressly reserves the right to appraise and assess transfer Inheritance Taxes at the lawful Class B (collateral) rate on any such future interest. PURPDSE OF NOTICE: Ta fulfill the requirements of Section 2140 of the Inheritance and Estate Tax Act, Act 23 of 2000. (72 P.S. Section 9140). PAYMENT: Detach the top portion of this Notice and submit with your payment to the Register of Wills printed on the reverse side. --Make check or money order payable to: REGISTER OF BILLS, AGENT REFUND (CR): A refund of a tax credit, which was not requested on the Tax Return, may be requested by completing an "Application for Refund of Pennsylvania Inheritance and Estate Tax^ (REV-13137. Applications are available at the Office of the Register of Wills, any of the 23 Revenue District Offices, or 6y calling the special 24-hour answering service for forms ordering: 1-SDO-362-2050; services for taxpayers with special hearing and / or speaking needs: 1-800-447-3020 (TT only). OBJECTIONS: Any party in interest not satisfied with the appraisement, allowance, or disallowance of deductions, or assessment of tax (including discount or interest) as shown on this Notice must object within sixty (60) days of receipt of this Notice by: --written protest to the PA Department of Revenue, Board of Appeals, Dept. 281021, Harrisburg, PA 17128-1021, OR --election to have the matter determined at audit of the account of the personal representative, OR --appeal to the Orphans' Ccurt. ADMIN- ISTRATIVE CORRECTIONS: Factual errors discovered on this assessment should be addressed in writing to: PA Department of Revenue, Bureau of Individual Taxes, ATTN: Post Assessment Review Unit, Dept. 280601, Harrisburg, PA 17128-0601 Phone (7177 787-6505. See page 5 of the booklet "Instructions for Inheritance Tax Return for a Resident Decedent^ (REV-1501) for an explanation of administratively correctable errors. DISCOUNT: If any tax due is paid within three (3) calendar months after the decedent's death, a five percent CS%) discount of the tax paid is allowed. PENALTY: The 15% tax amnesty non-participation penalty is computed an the total of the tax and interest assessed, and not paid before January 18, 1996, the first day after the end of the tax amnesty period. This non-participation penalty is appealable in the same manner and in the the same time period as you would appeal the tax and interest that has been assessed as indicated on this notice. INTEREST: Interest is charged beginning with first day of delinquency, or nine (9) months and one (1) day from the date of death, to the date of payment. Taxes which became delinquent before January 1, 1982 bear interest at the rate of six (6%) percent per annum calculated at a daily rate of .000164. All taxes which became delinquent on and after January 1, 1982 will bear interest at a rate which will vary from calendar year to calendar year with that rate announced by the PA Department of Revenue. The applicable interest rates for 1982 through 2003 are: Interest Daily Interest Daily Interest Daily Year Rate Factor Year Rate Factor Year Rate Factor 1982 20% .000548 1987 9% .000247 1999 7% .000192 1983 16% .000438 1988-1991 11% .000301 2000 8% .000219 1984 11% .000301 1992 9% .000247 2001 9% .000247 1985 13% .000356 1993-1994 7% .000192 2002 6% .000164 1986 10% .000274 1995-1998 9% .000247 2003 5% .000137 --Interest is calculated as follows: INTEREST = BALANCE OF TAX UNPAID X NUMBER OF DAYS DELINQUENT X DAILY INTEREST FACTOR --Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen (15) days beyond the date of the assessment. If payment is made after the interest computation date shown on the Notice, additional interest oust be calculated. JOHN H. BROUJOS HUBERT X. GILROY BROUJOS & GILROY, P c. ATTORNEYS AT LAW 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 April 10, 2003 Donna Otto Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Estate of Pearl M. Fanus File No.: 21-02-0728 Dear Donna: TELEPHONE: (717) 243-4574 FACSIMILE: (717) 243-8227 jbroujos~broujosgilroy. com hgilroy~brouj osgilroy. com NON-TOLL FOR HARRISBURG AREA 717-766-1690 Enclosed for filing is an original and 2 copies of the Pennsylvania Inheritance Tax Return in the above matter. Also enclosed is a check in the amount of $4,457.44 as payment on inheritance taxes. Thank you for your attention to this filing. Sincerely yours, ~^ ert X. Gilroy dca Enclosures cc: Patricia Stibitz Robert L. O'Brien, Esquire Jack Fanus ~~~-a=~ ~.~ 8 Estate of Pearl M. Fanus Estate Settlement A rg Bement THIS AGREEMENT made this ~ day of December, 2003, between PATRICIA S. STIBITZ (referred to herein as the "Executrix" or as "Patty"), JACK R. FANUS (referred to herein as "Jack"), IRWIN E. FANUS (referred to herein as "Irv") and PATRICIA S. STIBITZ, Executrix of the Estate of Pearl M. Fanus. WITNESSETH WHEREAS, Pearl M. Fanus (Decedent) died on July 10, 2002; and WHEREAS, pursuant to the Will of the Decedent dated January 7, 2002, Patricia S. Stibitz was appointed as Executrix of the Decedent's Estate by the Cumberland County Register of Wills by appropriate action of the Register of Wills on August 14, 2002 and Docketed at Number 21-02-0728; and WHEREAS, the Executrix has truly and appropriately administered the Estate of the Decedent; and WHEREAS, the Executrix has filed a Pennsylvania Inheritance Tax Return with the Pennsylvania Department of Revenue, said Return being attached hereto and marked Exhibit "A", and said Return including as attached to it a copy of the above mentioned Will of the Decedent; and WHEREAS, the Executrix has accomplished the payment of all Inheritance Taxes owing on the Estate of the Decedent and has accomplished the payment of all obligations owing on the Decedent's Estate except for miscellaneous obligations as set forth below; and WHEREAS, the Executrix and legal counsel for the Estate have provided to Patty, Jack and Irv (collectively referred to herein as the "Beneficiaries") all information relating to the Executrix's handling of the Decedent's Estate and, more specifically, a letter dated November 13, 2003 which set forth an accounting of monies administered by the Executrix through that date, said letter being attached hereto and marked Exhibit "B"; and /v^~~~ WHEREAS, Patty, Jack and Irv are the sole surviving children of the Decedent and, pursuant to the Will of the Decedent, are three equal beneficiaries of the Decedent's Estate; and WHEREAS, since November 13, 2003, the Executrix has made various payments from the Estate assets on various obligations leaving a balance in the Estate account of $10,968.23; and WHEREAS, the sole remaining asset of the Estate is real estate owned by the Decedent located at 231 West Willow Street, Carlisle, Pennsylvania (hereinafter referred to as the "Real Estate"); and WHEREAS, Jack proposes to purchase the Real Estate at a price of $97,000.00 and all parties to this Agreement agree that said price is an appropriate and fair price for the sale of the Real Estate; and WHEREAS, settlement on the sale of the Real Estate from t:he Estate of the Decedent to Jack is scheduled to take place on December 17, 2003, with aHud-1 Settlement Sheet (hereinafter referred to as the "Hud-1") prepared for that transaction and attached as Exhibit "C"; and WHEREAS pursuant to the Hud-1, Jack will receive a credit on his 1/3 distribution from the Estate pursuant to the $97,000.00 contract sale price, said credit being $32,333.33; and WHEREAS, in conjunction with Jack's purchase of the Real Estate, Jack will be purchasing personal property as set forth in the attached Exhibit "D" for a total purchase price of $2,840.00 which will be additional monies the Estate will receive; and WHEREAS, the parties desire to proceed with the sate of the Real Estate and, at the same time, afford a payment to Irv and Patty consistent with the credit Jack is receiving in the nature of $32,333.33; and WHEREAS, the parties desire to achieve a full and complete settlement of all matters relating to the Estate, but the parties recognize that there must be some reserve maintained for purposes of paying any miscellaneous bills and handling Income Taxes for the year 2003; and WHEREAS, the Executrix is prepared to achieve the final distribution of the Decedent's Estate subject to the reserve as set forth below; and WHEREAS, all parties acknowledge that they have been provided an opportunity to examine all records of the Decedent in the possession of the I~xecutrix and to examine all records of the Estate; and WHEREAS, the Executrix and all Beneficiaries desire that the administration of the Estate of Pearl M. Fanus be terminated without the expense and delay of a court accounting and the parties are willing to enter into this Estate Settlement Agreement in order to expedite the conclusion of the Estate; and WHEREAS, each party individually acknowledges that he and/or she have carefully examined this document and have had the opportunity to review this document with legal counsel if they so desired; and WHEREAS, All parties to this Agreement acknowledge ghat the firm of Broujos & Gilroy, P.C. has been retained as legal counsel for the Estate in this matter; and WHEREAS, in an effort to obtain a prompt resolution of the Estate and to conclude this matter, the Executrix is waiving all claims, if any, she may have against the Estate for monies paid on behalf of the Decedent prior to the Decedent's death; and WHEREAS, in an effort to obtain a prompt resolution of the Estate and to conclude this matter, the law firm of Broujos & Gilroy, P.C. is willing t:o reduce its legal fee in this matter to the sum of $5,000.00 plus the reimbursement of costs advanced out of pocket by the firm of Broujos & Gilroy, P.C. in connection with the administration of the Estate; and WHEREAS, in an effort to obtain a prompt resolution of the Estate and to conclude this matter, Irv and Jack are willing to waive all claims, if any, they may assert against the Executrix relative to her occupancy of the Real Estate and funds she spent in connection with repair of the Real Estate; and WHEREAS, the parties desire to set forth herein their agreement relative to how the Estate is to be concluded. NOW, THEREFORE, the parties in consideration of the mutual covenants herein expressed and intending to be legally bound hereby, agree as follows: 1 The above named Beneficiaries hereby waive the filing of a formal accounting and schedule of distribution in the Estate of Pearl M. Fanus. 2 The Executrix is authorized to proceed with sale of the Real Estate from the Estate to Jack in accordance with the figures as set forth in the Hud-1 and, in connection with said sale, Jack is to receive a credit for Estate distribution equal to $32,333.33. 3 Simultaneous with the sale of the Real Estate to Jack, the Estate shall make a distribution to Irv in the amount of $32,333.33 and a distribution to Patty in the amount of $32,333.33. 4 Also simultaneous with the sale of the Real Estate, the Estate shall pay the following obligations: Broujos & Gilroy, P.C. -reimbursement of costs advanced pursuant to listing of costs as set forth on attached Exhibit "E" $ 461.39 Register of Wills -filing fee for Family Settlement Agreement $ 17.00 Broujos & Gilroy, P.C. -attorney's fees for handling of Estate $5,000.00 Patricia S. Stibitz -Executrix Fee $5,000.00 5 Also simultaneous with the sale of the Real Estate, Jack shall purchase the items of personal property as set forth in the attached Exhibit "D" for the price of $2,840.00, with transfer of title of those items of personal property to be by virtue of a bill of sale from the Estate to Jack. 6 All parties agree that with the receipt of funds as set forth above and the payment of the bills as set forth above, monies remaining in the Estate shall equal approximately $2,900.00 (hereinafter referred to as "Escrow Monies"). The parties agree that the Escrow Monies shall be held by the Executrix for the payment of the following obligations: • Income Tax for 2003 • Accounting fees in connection with preparation of all Income Tax Returns • Any other bills that accrue to the Estate after settlement of the Real Estate. 7 The parties agree that upon completion of the filing of the a final Income Tax Return for the Estate upon the Executrix's payment of all outstanding obligations of the Estate, the Executrix may proceed with distributing any balance remaining in the Escrow Monies to Patty, Jack and Irv in equal shares, which distribution shall constitute a final distribution of the Estate. 8 The parties acknowledge that there are some miscellaneous items of personal property of the Estate still to be distributed, and the parties agree that those items may be distributed as follows: Item Pocket Watch Recipient Jack R. Fanus Miscellaneous documents Jack R. Fanus Cemetery lots at Westminster Cemetery Jack R. Fanus 9 The parties hereby forever release, compromise, settle and discharge any and all claims, demands, actions or causes of action, legal or equitable, absolute or contingent, which any of them may have against any other party hereto or against the Estate of Pearl M. Fanus or against the Estate's Executrix, Patricia S. Stibitz, by reason of any matter, cause or thing, growing out of or relating to any property or assets of said Estate, or growing out of or relating to any act of the Executrix in her administration of the Estate. This Release shall release the Executrix from all liabilities, whether due to her negligence or otherwise, which she may have by reason of her administration of the Estate of Pearl M. Fanus. This Release shall not release the Executrix from any claims relating to fraud or claims relating to any willful action on behalf of the Executrix in failing to disclose or account for any assets of the Estate which the Executrix may have received. 10 The parties acknowledge that in the event there are legitimate claims filed against the Estate which exceed Escrow Monies, each of the three Beneficiaries will in that event be liable to the Estate for one third of the claim and each Beneficiary agrees to reimburse to the Estate such monies as may be required in the event of a claim being filed against the Estate and exceeding monies held in the escrow account. 11 Each party hereby acknowledges that they have had the opportunity to present this Agreement to their own private legal counsel for legal advice if such party desires such individual legal advice. 12 The parties agree that this instrument shall be binding upon themselves, their successors, assigns and personal representatives. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first written above. WITNESS ESTATE OF PEARL M. FANUS ~~ ~ '_ ~~ PATRICIA S. STIBITZ, EXECUTRIX WITNESS BENEFICIARIES JACK ANUS C' ° ~~ IRWIN ~ FANUS r,~ ATRICIA S. STIBITZ COMMONWEALTH OF _~~ i5~ ~ _~ ~ ~~-~' REV 15 0 0 OFFICIAL USE ONLY PENNSYLVANIA DEPARTMENT OF REVENUE INHERITANCE TAX RETURN FILE NUMBER DEPT. 280601 HARRISBURG, PA 17128-0601 RESIDENT DECEDENT a ~ - 00- ~ °- ? ~ ` NTY E Y NUMBER - DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER Z FANUS PEARL M. 1 6 6- 1 2- 5 6 2 5 W ~ DATE of DEATH (MM-DD-Year) DATE OF BIRTH (MM-DD-Year) THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS U 07/10/2002 05/29/1913 W (IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER 0 w F ~ 1. Original Retum ^ 2. Supplemental Retum ^ 3. Remainder Retum (date or death poor to 12-1382) Q v a ~ ^ 4. Limited Estate ^ 4a. Future Interest Compromise (date or learn aver a-r as21 ^ 5 Federal Estate Tax Return Required W o0 ~ a m ^ 6. Decedent Died Testate (Abaco wvr or w~u1 ^ 7. Decedent Maintained a Living Trust (Adam copy or rmsq - 8 Total Number of Safe Deposit Boxes a a ~ 9. Litigation Proceeds Received ~ 10. Sp0US21 POVerty Credlt (dale of death between t2-3191 anti 1~1-95) ^ 11. Election to tax under Sec. 9113(A) (Attach scn of THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AN D CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: ~ w NAME COMPLETE MAILING ADDRESS Z HUBERT X. GILROY ESQUIRE 4 NORTH HANOVER STREET a FIRM NAME (If Applicable) BROUJOS 8~ GILROY P.C. CARLISLE, PA 17013 ~ 0 TELEPHONE NUMBER 717-243-4574 Z O_ F- Q J F- a Q U W 1 Real Estate (Schedule A) 2. Stocks and Bonds (Schedule B) 3 Closely Held Corporation, Partnership or Sote-Proprietorship 4. Mortgages & Notes Receivable (Schedule D) 5 Cash, Bank Deposits 8 Miscellaneous Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) Separate Billing Requested 7 Inter-Vivos Transfers 8 Miscellaneous Non-Probate Property (Schedule G or L) 8 Total Gross Assets (total Lines 1-7) 9 Funeral Expenses & Administrative Costs (Schedule H) 10 Debts of Decedent, Mortgage Liabilities, 8 Liens (Schedule I) i t. Total Deductions (total Lines 9 810) (1) 90,000.00 (2) (3) (4) (5) 22,430.01 (61 (7) 601.83 OFFICIAL USE ONLY (g) 116 031.84 (9) 12,569.53 (t0) 4,408.19 12 Net Value of Estate (Line 6 minus Line 11) 13 Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been made (Schedule J) 054.12 14. Net Value Subject to Tax (Line 12 minus line 13) SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES Z O I- Q F- a. O U >C Q I- 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 (t t) 16,977.72 (12) 99,054.12 (13) (14) X (15) 99,054.12 X .045 (16) 4,457.44 > > BE SURE TO ANSWER ALL QUA EXHIBIT X .12 X 15 d D n 9 (17) (18) 119) 4 457.44 ~ AND RECHECK MATH < < REV4502£X •,1tA7) • • . SCHEDULE A COMMONWEALTHaFPENNSYLVANIA REAL ESTATE INHERITANCE TAX RETURN ESTATE OF FILE NUMBER Senn rc pFntzl M 21 02 0728 All real property owned solely or as a tenant in common must be reported at fair market value. Fau 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 fads. Real property which is jointlyowned with right of sunirvorshiu must be disclosed on Schedule F. _ _ ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH t. 231 West Willow Street 90,000.00 Carlisle, PA 17013 Appraisal Attached TOTAL (Also enter on line 1, Recapitulation) I S g0 000.00 (If more space is needed, insert additional sheets of the same size) REV~150B IX - (1~N) ' SCHEDULE E COMMONWEALTH OFPENNSY~VANIA CASH, BANK DEPOSITS, & MISC. '"HEPoTANCE TAx RETURN PERSONAL PROPERTY RESIDENT DECEDENT ESTATE OF FILE NUMBER i enrl tc pFARL M 21 02 0728 Indude the proceeds of litigation and the date the pnxeeds were Deceived 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 1. M&T Account 1,194.95 Acct # 2673011892 2 M&T CD 20,012.65 Acct# 31003911180386 3 Savings Bonds 572.41 4 1982 Oldsmobile Firenza 450.00 5 Miscellaneous personal property 200.00 6 7 TOTAL (Also enter on line 5, Recapitulation) ( $ 22,430.01 (If more space is needed, insert additional sheets of the same size) REW ISQ3 E% 7 (1 ~9?I COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN SCHEDULE F JOINTLY-OWNED PROPERTY ESTATE Of FILE NUMBER FAIVUS PEARL M 21 02 0728 Ban asset was made joint within one year of the decedent's date of death, it must be reported on Schedule G. 231 West Willow Street Carlisle, PA 17013 Daughter ADDRESS RELATIONSHIP TO DECEDENT SURVIVING JOINT TENANT(S) NAME q. Patricia Sue Fanus Stibitz B C Inwrl v-nwNED PROPERTY: ITEM NUMBER LETTER FOR JOINT TENANT GATE MADE JOINT DESCRIPTION OF PROPERTY Include name of rmandal institution and bank account number a sunilar identifying number. Attach deed for jointry-held real estate. DATE OF DEATH VALUE OF ASSET % OF DECD'S INTEREST DATE OF DEATH VALUE OF DECEDENT'S INTEREST ~, q. 1/4!99 WaypointAccountChecking 3,188.23 50. 1,594.12 Acct # 1700032064 2 A 5!29/98 Waypoint Account Savings 4,015.41 50. 2,007.71 Acct # 1750011151 TOTAL (Also enter on line 6, Recapitulation) I 5 3.601.83 (If more space is needed, insert additional sheets of the sarrfe size) REV~t511E%'.jt-9I) t CQMMQNWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES 8~ ADMINISTRATIVE COSTS ESTATE OF FILE NUMBER Fenn tc PEARL M _ 21 02 0728 Debts of decedent must be reported on Schedule 1. ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: 1. Hoffman Roth Funeral Home 481.80 2 Mabel Lebo -luncheon 155.00 3 Pastor Shellenberger -luncheon 100.00 4 George's Flowers 254.34 5 Mabel Weirman -luncheon 100.00 g. ADMINISTRATIVE COSTS: ~ Personal Representative's Commissions Name of Personal Representative (s) Patricia Sue Fanus Stibitz Social Security Number(s)1 EIN Number of Personal Representative(s) 209-36-3886 Street Address 231 West Willow Street City Carlisle State PA _ Zip 17013 Year(s) Commission Paid: 2, Attorney Fees Broujos & Gilroy, P.C. 3_ Family Exemption: (If decedents address is not the same as claimants, attach explanation) Claimant SVeet Address City State .Zip Relationship of Claimant to Decedent 4. I Probate Fees 5, I AccountanCs Fees 6. ~ Tax Return Preparer's Fees 5,000.00 6,000.00 7. Register of Wills Filing 267.00 8 Short Certificates 30.00 9 Cumberland County Law Journal 75.00 10 The Sentinel -legal advertising 74.39 11 Finat Inheritance Tax Return 15.00 12 Family Settlement Agreement 17.00 13 TOTAL (Also enter on line 9, Recapitulation) $ 12.569.53 (If more space is needed, insert additional sheets of the same size) RFV~1512 E% • (1.971 SCHEDULE I DEBTS OF DECEDENT , COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN MORTGAGE LIABILITIES & LIENS RESIDENT DECEDENT ESTATE OF FILE NUMBER FANUS PEARL M. 21 02 0728 Include unreimbursed medical expenses. ITEM NUMBER DESCRIPTION AMOUNT 1. 2002 School Taxes -Darlene Moyer 910.49 2 UGI Gas 88.00 3 Sprint 31.45 4 Yellow Breeches Ambulance 34.80 5 Thornwald Hone - TV Rental 12.50 6 PP&L 15.04 7 Comcast Cable 2.64 8 Thornwald Home -Medical Records 86.75 g PP&L 15.16 10 Comcast Cable 38.20 11 Sprint 31.51 12 UGI Gas 86.91 13 Borough of Carlisle 27.06 14 Thornwald Home 1,388.18 15 PharAmerica 62.02 TOTAL (Also enter on line 10, Recapitulation) I E 4,408.19 (If more space is needed, insert additional sheets of the same size) • . Continuation of REV-1500 inheritance Tax Return Resident Decedent FANUS, PEARL M. 21 02 0728 Page 1 Schedule I -Debts or Decedent, Mortgage Liabilities, 8 Liens ITEM NUMBER DESCRIPTION AMOUNT 16 Darlene Moyer -Personal Tax 10.00 17 ~Ebener Associates -house appraisal 18 Patricia Stibitz -reimbursement for trash removal, cleaning supplies, cleaning for home 19 X2003 County Taxes -Darlene Moyer 20 X2002 Tax Return Preparation -Harold Fraker 21 ~ Diversified Appraisal 275.00 600.00 427.48 15.00 250.00 SUBTOTAL SCHEDULE I 1, 577.48 GRAND TOTAL SCHEDULE I S 4.408.19 REV~9513 E% •(I-97( SCHEDULE) CAMMONwEALTH OF PENNSYLVANIA BENEFICIARIES INHERITANCE TAX RETURN ESTATE OF FILE NUMBER nt A L L L / L 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) 1. Irwin E. Fanus Son 33.3% 2 Jack Richard Fanus Son 33.3°l0 3 Patricia Sue Fanus Stibitz Daughter 33.3% ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 17, AS APPROPRIATE , ON REV 1500 COVER SHEET If. NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS~ NOT BEING MADE 1. 1. B, CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV 1500 COVER SHEET S (If more space is needed, insert additional sheets of the sarne size) LAST WILL AND TESTAMENT OF PEARL M. FANUS [, Pearl M. Fanus, of Carlisle, Cumberland County, Pennsylvania, declare this to be my last will and revoke any will previously made by me. ITEM ONE: I direct that all my debts and funeral expenses, including my gravemarker shall be paid from my residuary estate as soon as practicable after my decease as a part of the expense of the administration of my estate. ITEM TWO: I make the following specific bequests as set forth on Attachment "A". ITEM THREE: I give, devise and bequeath the rest, residue and remainder of my estate to my three children, Irwin E. Fanus, Jack Richard Fanus and Patricia. Sue Fanus Stibitz, share and share alike per stirpes. ITEM FOUR: I appoint Patricia Sue Fanus Stibitz, Executrix of this my last will. ITEM FIVE: In writing this my Last Will and Testament, it has been my desire to treat each of my children fairly with my material possessions and equally with my love. It is my hope and desire that the love and joy which we have shared together will continue in my absence and that you will be as close and loved by each other as you have been to me. May God richly bless each of you. ITEM SIX: All estate, inheritance, succession and other taxes, imposed or payable by reason of my death, and interest and penalties thereon, with respect to all property comprising my gross estate for tax purposes, whether or not such property passes under this will, shall be paid out of the principal of my residuary estate, without apportionment or right of reimbursement. ITEM SEVEN: I direct that my personal representative or guardian shall not be required to give bond for the faithful performance of their duties in any jurisdiction. GLti~t,tc%2J Pearl M. Fanus PAGE ONE OF DIVE PAGES ITEM EIGHT: In addition to the rights and powers given to the fiduciaries by law or elsewhere in this wilt, I give to my Executor during the full time necessary and for the administration of my estate the following rights and powers to be exercised in his sole discretion: A. To retain any real or personal property which may at any time form a part of my estate so long as he or she deems it advisable. B. To invest in any real or personal property without restrictions to legal investments. C. To repair, alter, improve or lease for any period of time any real or personal property and to give options for leases. D. To sell at public or private sale, for cash or credit, with or without security, to exchange or to partition real or personal property, and to give options for leases. Eo To make distribution in kind. F. To compromise claims. v~ IN WITNESS WHEREOF, I have hereunto set my hand this ~ _ day of /1~- , 2002. SIGNED Pearl M. Fanus The preceding instrument, consisting of this and three other typewritten pages each identified by the signature of the Testatrix was on the day and date thereof signed, published and declared by the Testatrix therein named as and for her last will, in the presence of us, who at her request, in her presence and in the presence of each other have subscribed our names. ~~~ ~ ~~ PAGI TWO OF FIV E COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss We Ylc.~-~Ca'»'" ~Q (9~~ (2a Y and ~o,n~. C'~n~~~so~ witnesses whose names are signed to the attached or foregoing instrument being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument as her last will; that she signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the will as witnesses; and that to the best of our knowledge, the Testatrix was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. ~)~~~~ ~~t,~~.~..---- Sworn and subscribed before me this 1 ~'' day of J , 2002. Notar Public Notanal Seal f5ndget Ann Cos~n~-,n, Nutary Putd~c ++ C;,uh~.le (h,~u, Cwnberland o.,r~ty i' i~~1y Cor ~missi~i ~ ~ ~pues June 10, 2002 I PAGE THREE OF FIVE PAGES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss I, Pearl M. Fanus, whose name is signed to the attached instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my last will; that I signed it as my free and voluntary act for the purposes therein expressed. ~mt,r.,~ Pearl M. Fanus Sw~i and affirmed to and acknowledged before me this (~ da:y of J C~~n C.~-~,~ , 2002. ~J C~ G~.~./`- Notary Pu lic - - ---~ I Notarial Seal Ftr~d~et Ann Corc<irsn, Notary Public (;,;rL~ le Eicro, Cumberland County ` ~.A;r C:cmmissiun Expires June 10, 2002 I PAGE FOUR OF FIVE PAGES ATTACHMENT "A" TO WILL OF PEARL M. FANUS Personal property to be distributed to the following: Patricia Fanus Stibitz: 1. 2antique-Victorian chairs (black seats) 2. 1 red chair with rollers 3. Grandfather clock 4. Antique pictures and mirrors 5. Toys in attic 6. My diamond ring Irwin Fanus: I. ~~e steam engine and grinder in the garage. They are old. I gave them to Irwin rather than wait until my death. 2. The gun upstairs in the front room. It was your father's gun. 3. The television in the middle room. 4. 2 antique chairs (green velvet seats) Jack R. Fanus: 1. Cherry drop leaf table 2. The chest in the vestibule 3. 2 Antique chairs (green velvet seats) 4. The knee hole desk and chair with green flower seat To My Three Children: It has been my desire to treat each of my children fairly with my material possessions and equally with love in my absence. May Gc~d richly bless c•.ach of you. I love all of you Mother (Pearl) ~.SZ ~ G1~v~.c,~/~/ Pearl M. Fanus PAGE FIVE OF FIVE JoFw H. BROU1os HUBERT X. GILROY BROUJOS & GILROY, P c'. ATTORNEYS AT LAW 4 NORTH HANOVER STREET CARLISLE, PENNSYLdANIA 17013 TELEPHONE: (717) 243-4574 FACSIMILE: (717) 243-8227 jbroujos®broujosgilroy.com hgilroy~broujosgilroy. com NON-TOLL FOR HARRISBURG AREA 717-766-1690 Patricia S. Stibitz Jack R. Fanus November 13, 2003 Irwin Fanus Re: Estate of Pearl M. Fanus Dear Patty, Irv and Jack: ... ,d ;t., 1 "'S We have been going back and forth on the sale of the house, and I have advised atl of you that it is not prudent to distribute al! of the monies to each of you at the time of the sale of the house. Jack is now indicating he will not purchase the house unless he gets a credit for his 1/3 interest on the sale of the real estate. Irv has indicated to me that he will also not agree to the early distributions unless he receives his full 1/3 from the sale of the house. I have advised that there are sirnpiy not sufficient funds in the account to handle distribution along the tines Jack and Irv propose at this particular time. At this time, I want to give you some preliminary information relative to available cash in the Estate account. Along these lines, I again enclose a copy of the Inheritance Tax Return. 1 also enclose a copy of the check ledger from the Estate account. The original check ledger shows an opening balance of $6,847.26. That deposit came from 3 sources: A. The M&T Account of $1,194.95 (Item 1 on Schedule E of the Inheritance Tax Return). B. The Waypoint Savings Account of $4,015.41 (Item 2A on Schedule F of the Inheritance Tax Return). ~w EXHIBIT a a 9 Patricia Stibitz, Irwin Fanus and Jack Fanus November 13, 2003 Page 2 C. The balance remaining in the checking account of $1,603.43 -the checking account is shown as Item lA on Schedule F and lists a value of $3,188.23 which was the amount in the account at the time of your mother's death. I enclose the account ledger for that account that shows the bills Patty paid after you mother died that brought the balance down to $1,603.43.) The ledger for the Estate account shows deposits of $20,008.16 which was for the M&T CD, $420.75 which was monies received from Jackson Insurance on an annuity, $144.07 which was another insurance refund, $572.41 which was the redemption of the bonds your mother owned, $288.75 which was payment from Jackson to M&T and a $700 payment from Patty for purchase of items of personal property. The account shows all of the other expenditures Patty has made from the Estate account since that time which includes Real Estate Taxes, Inheritance Taxes and other obligations. In my view, alt of these expenses appear to be quite legitimate and not subject to challenge. There was a few checks cut to Patty, and I will address those checks as follows: 1. Check Number 111 was for $5,438.85. This was money Patty paid for improvements to the house while she was living there or before she was living there. Copies of invoices for improvements and these expenses are enclosed. 2. Check Number 104 was for $600.00. Patty cut this to herself, used it to purchase cleaning supplies and also pay Lisa and Laurie for assistance in cleaning. This was $500.00 in cash that she paid. 3. Check Number 125 was a payment to Patty but was a reimbursement to her for a payment she made for the tombstone engraving. The account now shows a balance of $11,472.82. The Estate proposes to sell the real estate to Jack for $97,000.00. Because real estate taxes have already been paid, the Estate will receive a credit on those taxes, the amount to be dependent upon the exact date of settlement and how the proration works out. The Estate will also pay $970.00 in Transfer Tax. I believe it is safe to assume the tax proration in favor of the Estate will be less than the $970.00 obligation for Transfer Tax. Accordingly , the Estate will he netting something less than $97,000.00 from the sale of the real estate. Assuming Jack goes through with the transaction, the Estate would also net Patricia Stibitz, Irwin Fanus and Jack Fanus November 13, 2003 Page 3 approximately $2,800.00 for Jack's purchase of the personal property. This would result in an approximately $99,000.00 credit to the Estate. Jack and Irv have suggested that the only way they will agree to the transaction at this time is for each of them to receive their 1/3 interest at the real estate at the time of sale. A 1/3 interest between everyone on $97,000.00 equals $32,333.00. If $32,333.00 was distributed to Irv and Patty at time of settlement and Jack received his credit of $32,333.00 by virtue of the purchase of the real estate, when the dust settles the Estate account would still have approximately $12,000.00 in it. The following issues would still remain: A. Our office has not been paid any legal fees or reimbursement for costs advanced. The costs we have advanced are listed as Items 7 through 12 of Schedule H and themselves total in the neighborhood of $500.00. I am also enclosing our bill for services rendered to date based upon an hourly rate, and you can see that our current bill is close to $4,000.00. Be assured that the continued inability of all three of you to sit down and resolve these issues has caused continued additional work on my part and on Bridget's part and fees will only increase as we move further in this case. B. There is an issue with respect to whether Patty is going to take her Executor's fee and, if so, the amount of the fee„ C. Based upon what comments have been made to date, I suspect there may be a suggestion that some of the expenses that fatty reimbursed herself for relative to the house may be claimed to be not legitimate expenses of the Estate, and we will have to sort out those issues. D. I remind you that Patty has also suggested in the past that she may seek reimbursement for some expenses she paid for your mother prior to her death. Whether there is an agreement on that and whether Patty can legitimately assert that claim remains to be seen. Most importantly, in the event there is a suggestion that Patty inappropriately paid some bills, there needs to be the ability to deduct those bills from a share going to Patty rather than having Patty have received her money and then expect her to repay it to the Estate. [n other cords, we should not distribute Estate assets if there are still outstanding claims and disagreements between the parties. Patricia Stibitz, Irwin Fanus and Jack Fanus November 13, 2003 Page 4 I trust the above gives you sufficient information for you to at least understand why I am very hesitant and unwilling to proceed with the sale of the real estate and each of you get a credit of $32,333.00. We need to ensure there is sufficient monies kept in the Estate to resolve all of the issues I have set forth above, and to resolve any other issues that may arise in the meantime. I suggested that a compromise of $20,000.00 or $25,000.00. If Jack received a credit of $25,000.00 on his purchase of the real estate based upon his Estate interest and Irv and Patty received checks for $25,000.00 upon the sale of the real estate, we would still have an Estate account balance of about $33,000.00. I am not completely happy reserving only those monies, but I think it would be a prudent number to hold back at this particular time. That money would be held in the Estate account and we could then try to sort out the issues as set forth above. If you think we can sort out ALL of the issues set forth above and ALL THREE OF YOU CAN AGREE in writing how to proceed on each and every issue, we can do an Estate settlement agreement in conjunction with sale of the real estate. Under that scenario, I would only suggest we reserve monies to pay any accounting fees that would be necessary relative to the filing of a final Income Tax Return. However, absent a full and final agreement at this time, we need to withhold sufficient monies to address all of the outstanding issues. It is important for you to understand that Patty, in her capacity as Executrix, has the ability to merely sell the property. Accordingly, we do not need Irv's written agreement on anything. However, I will require a written agreement from everyone if we are going to give Jack any credit right off the bat when the property is sold. Absent an agreement from everyone, the options at this time are quite simple: A. Jack purchase the property for $97,000.00. He would pay the full amount, and that money would be paid in the Estate account. The Estate would be distributed at a later date after either an agreement is reached or after an accounting is approved by the court. B. If Jack does not want to purchase the property under these arrangements, Patty wilt proceed immediately with a sale to a third party. Patty will immediately list the property with a realtor. As I am sure you know, this will essentially cost the Estate 6% on the sale price and there is no guarantee that we will get someone to buy the property for $97,000.00. Furthermore, while the property stays on the market, the Estate contin~-es to incur expenses. Patricia Stibitz, Irwin Fanus and Jack Fanus November 13, 2003 Page 5 Accordingly, everyone needs to make a decision at this point. We need Irv and Jack's position on this matter as soon as possible. If a resolution is not achieved by Monday, November 24, 2003, Patty will secure a realtor and list the property for sale. At that time, anyone can buy the property, including Irv, Jack or Patty and the Estate will be subject to paying real estate commissions, transfer tax and some other expenses that may be involved in the transaction. I await your direction. Sincerely yours, ubert X. Gilroy dca Enclosures n I111Q Nln ocne nne~ ~•~ A. . wvc-vcvv B. TYPE OF LOAN: U.S. DEPARTMENT OF HOUSING 8 URBAN DEVELOPMENT 1.QFHA 2.~FmHA 3. ~~CONV. UNINS. 4. QVA 5. ~CONV. INS. SETTLEMENT STATEMENT 6. FILE NUMBER: 7. LOAN NUMBER: g. 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 '(POCJ" were paid outside the closing, they are shown here for informational purposes and are not included in the totals. 1.0 3/98 (FANUS, JACK.PFDIP-137410/3) D. NAME AND ADDRESS OF BORROWER: Jack R. Fanus and Lois A. Fanus 115 Sunset Drive Mt. Holly Springs, PA 17065 E. NAME AND ADDRESS OF SELLER: Estate of Pearl M. Fanus 231 West Willow Street Carlisle, PA 17013 F. NAME AND ADDRESS OF LENDER : G. PROPERTY LOCATION: 231 West Willow Street Carlisle, PA 17013 H. SETTLEMENT AGENT: 23-2267691 Broujos & Gilroy, PC I. SETTLEMENT DATE: Decemb 17 2003 Cumberland County, Pennsylvania PLACE OF SETTLEMENT 4 North Hanover Street Carlisle, PA 17013 er , J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 101. Contract Sales Price 97,000.00 401. Contract Sales Price 97,000.00 102. Personal Pro a 402. Personal Pro ert 103. Settlement Char es to Borrower Line 1400 1,849.25 403. 104. 404. 105. 405. n r ~ ri v mn rl i !I i vn 106. Cit /Town Taxes to 406. Cit /Town Taxes to 107. Count Taxes 12/18!03 to 01/01/04 16.40 407. Count Taxes 12/18!03 to 01/01/04 16.40 108. School 12/18/03 to 07!01/04 536.52 408. School 12/18/03 to 07/01/04 536.52 109. 409. 110. 410. 111. 411. 112. 412. 120. GROSS AMOUNT DUE FROM BORROWER 99,402.17 420. GROSS AMOUNT DUE TO SELLER 97,552.92 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 201. De osit or earnest move 501. Excess De osit See Instructions 202. Princi al Amount of New Loans 502. Settlement Char es to Seller Line 1400 973.50 203. Existin loans taken sub~ect to 503. Existin loan s taken sub'ect to 204. 504. Payoff of first Mortgage 205. 505. Pa off of second Mort a e 206. 506. 207. 507. 208. Credit/1/3 Estate Distribution 32,333.33 508. CrediUl/3 Estate Distribution 32,333.33 209. 509. d~ustments or terns n aid a er ustments or terns n ai eler 210. Cit /Town Taxes to 510. Cit /Town Taxes to 211. Count Taxes to 511. Count Taxes to 212. School to 512. School to 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220. TOTAL PA1D BY/FOR BORROWER 32,333.33 520. TOTAL REDUCTION AMOUNT DUE SELLER 33,306.83 300. CASH AT SETTLEMENT FROM/TO BORROWER: 600. CASH AT SETTLEMENT TO/FROM SELLER: 301. Gross Amount Oue From Borrower Line 120 99,402.17 601. Gross Amount Due To Seller Line 420 97,552.92 302. Less Amount Paid By/For Borrower (Line 220) ( 32,333.33) 602. Less Reductions Due Seller (Line 520) ( 33,306.83 303. CASH (X FROM) ( TO) BORROWER TI... ....I .....:.......J 4...,..1.... . 67,068.84 603. CASH (X TO) ( FROM) SELLER 64,246.09 ~~~ „~~„~~„y,~~„ ,~~~~„y a~nnvw~cuyc iccc~pi ui a compie[eo copy or pages iaz ortnis statement & any attachments referred to herein. Borrower Seller Jack R. Fanus Estate of Pearl M. Fanus EXHIBIT Lois A. Fanus d ~ HUD-1 (3-86) RESPA, H64305.2 9 ra e 1 L. SETTLEMENT CHARGES 700. TOTAL COMMISSION Based on Price ° PAID FROM pglD FROM Division Of Commission line 700 8S FOIIOWS: BORROWER'S SELLER'S 701' $ t0 FUNDS AT FUNDS AT 702' $ t0 SETTLEMENT SETTLEMENT 703. Commission Paid at Settlement 704. to 800. ITEM PAYABLE IN CONNECTION WITH LOAN 801. Loan Ori ination Fee 0.0000 % to 802. Loan Discount % to 803. Appraisal Fee to 804. Credit Report to 805. Lender's Inspection Fee to 806. Mort a e Ins. A .Fee to 807. Assumption Fee to 808. 809. 810. 811. 900. ITEM RE IRED BY LENDER TO BE PAID IN ADVANCE 901. Interest From to @ $ /day ( days %) 902. MIP Totlns. for LifeOfLoan for months to 903. Hazard Insurance Premium for 1.0 ears to 904. 905. 1000. RESERVES DEPOSITED WITH LENDER 1001. Hazard Insurance months $ er month 1002. Mort a e Insurance months $ per month 1003. Cit !Town Taxes months $ per month 1004. Count Taxes months $ er month 1005. School months @ $ per month 1006. _ months @ $ per month 1007. months @ $ per month 1008. months $ er month 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 1106. Nota Fees to Cash 3.50 1107. Attorney's Fees to includes above item numbers: 1108. Title Insurance to Commonwealth Land Title Com an 840.75 includes above item numbers: 1109. Lender's Coverage $ 1110. Owner's Coverage $ 97,000.00 1111. 1112. 1113. 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording Fees: Deed $ 38.50; Mortgage $ Releases $ 38.50 1202. Ci /Count TaxlStam s: Deed ~ Mort a e 970.00 1203. State Tax/Slam s: Revenue Stam s ; Mort a e 970.00 1204. 1205. 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Surve to 1302. Pest Ins ection to 1303. 1304. 1305. 1400. TOTAL SETTLEMENT CHARGES Enter on Lines 103, Section J and 502, Section K) 1,849.25 973.50 .., ,.y,,,ny Nayc ~ „~ ~~~~~ ~.a«~~~~~~~, ~~~~ ,iy„aiunCS acKnowleage receipt or a completed copy of page 2 of this two page statement. Certified to be a true copy. Broujos & Gilroy, PC Settlement Agent ( P-137410 / P-137410 / 3 ) [LL - AU 1538E EN - AU 1092E OB - AU 2276E R. D. 4, Box 353 • Carlisle, PA 249-2677 - 249-1978 Auction Ys Action Call "R.~wE~~For Satisfaction Junes 28, 2003 TO: Patricia Stibitz Executrix 2900 Society Hill Drive, Apt 8 Camp Hill, PA 17011 CP: Hubert X Gilroy Attorney 4 North Hanover STreet Carlisle, PA 17013 FR: Benny E. Rowe Appraiser/Auctioneer 2505 Ritner Highway Carlisle, Pa. 17013 (717) 249-2677 ~~ RE: Pearl Fanus Estate, 231 West Willow Street, Carlisle, PA, Personal Property Appraisal. At current Auction Market Value. EXHIBIT a 3 _ PAGE 2 Floor Light $ 4.00 Mirror 5.00 Lamp Stand 8.00 Mahogany Card Table 65.00 Blue Arm Wing Chair 25.00 Oval Gold Mirror 12.00 Brass Table Light 4.00 Floral Sof a 65.00 Reclining Chair 15.00 Lamp Stand 10.00 Bohemian Style Light 1 0~0 ' 0 . hitchock Arm Chair ,, ~ , !'~ • ~" --r Brass Bucket 20.00 Wood Iron Board Mahogany Double Pedestal Desk 70.00 Brass Desk Light 4.00 Misc. 8.00 6 Pcs. Maple Dinette Set 150.00 Metal Cabinet 20.00 Maytag Refrigerator 185.00 Maytag Gas Stove 65.00 Maytag Auto. Washer 135.00 Maytag Dryer 85.00 Kenmore Microwave 20.00 Microwave Stand 10.00 Small Electrical Appliances 22.00 2 Griswald Skillets 12.00 Misc. Small Kitchen Items 32.00 Pots, Pans, Baking 28.00 Glass, China, etc. 18.00 Yellow Chest 25.00 Brass Light 4.00 Misc. 12.00 Kitchen Cabinet Base 15.00 Metal Cabinet 5.00 Meat Bench 12.00 Dehumidifier 15.00 Metal Pot 5.00 Misc. Tools 6.00 Misc. Storage 18.00 Chippendale Style Mirror 25.00 4 Pcs. Cherry Bedroom Suite 450.00 Costume Jewlery 110.00 2 Vinyl Chairs 10.00 T~~ PAGE 3 2 Brass Lights Caneback Chair Mahogany Corner stand 5 Tier Knick Knack Shelf Piano Stool Mahogany Stand Ironstone Tea Pot Ironstone Bowl Maple Frame Living Room Suite Platform Rocker Mahogany Pie Crust Stand 2 Drw. File cabinet Maple Mirror Iron Frog Table, Floor Lights Telephone Stand Misc. Step Ladder Extension Ladder lawn Roller Boat Motor Shelving Stoneware Jugs Wood Box Cedar Chest Porch Rockers Fans Lanterns Scooter Bicycle Railroad Sign Decorators X-mas Related Misc. Storage Household Small Hand tools Long Handle Tools Misc. Hardware 10.00 5.00 25.00 40.00 30 .00 15.00 45.00 10.00 5.00 N/V N/V 70.00 6.00 3.00 12.00 6.00 30.00 28.00 12.00 20.00 8.00 20 .00 8.00 20.00 40.00 35.00 45.00 4.00 12.00 5.00 5.00 225.00 65.00 15.00 85.00 35.00 15.00 15.00 TOTAL .00 ~~ ~ ~d. cab Benny E. Rowe ESTATE OF PEARL M. FANUS COSTS ADVANCED BY FIRM OF BROUJOS & GILROY, P.C. Register of Wills -Filing Fee $267.00 Cumberland Law Journal Advertising Fee $ 75.00 The Sentinel Advertising Fee $ 74.39 Register of Wills -Short Certificates $ 30.00 Register of Wills - Inheritance Tax Return 15.00 TOTAL $461.39 EXHIBIT BROUjOS & GILROY, P c ATTORNEYS AT LAW JOHN H. BROUJOS 4 NORTH HANOVER STREET HUBERT X. GILROY CARLISLE, PENNSYLVANIA 17013 July 8, 2004 Glenda Farner Strasbaugh Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: Estate of Pearl M. Fanus / 2002 - 00728 Dear Glenda: TELEPHONE: (717) 243-4574 FACSIMILE: (717) 243-8227 jbrouj os@brouj osgilroy. com hgilroy~broujosgilroy.com NON-TOLL FOR HARRISBURG AREA 717-766-1690 Enclosed for filing is a Status Report Under Rule 6.12. Also enclosed is a copy of the family Settlement Agreement which was filed to conclude the administration of this Estate. Should you have any questions, please feel free to contact me. Si cerely yours, Hubert X. Gilroy .1~' Enclosure STATUS REPORT UNDER RULE 6.12 Name of Decedent: ~ C sta. ~ ~'~- - ~ /c,C~~ s Date of Death: Will No.: Admin. No.: 7b4~• ~!0'`Z~-'~ Pursuant to Rule 6.12 of the Supreme Court Orphans' (:ourt Rules, I report the following with respect to completion of the administration of the above-captioned estate: State w er administration of the estate is complete: Yes No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No. 1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes _ No [( b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal r entative state an account informally to the parties in interest? Yes No II c. Copies of receipts, releases, joinders and approval of formal or informal accounts may be filed with the Clerk of the. Orphans' Court and maybe attached to this report. .~ n, Date: ~" Signature Name Address Telephone No. Capacity: n rsonal Representative Counsel for personal representative ~\ y 1 • ,. Estate of Pearl M. Fanus Estate Settlement Agreement v~ THIS AGREEMENT made this ~ day of December, 2003, between PATRICIA S. STIBITZ (referred to herein as the "Executrix" or as "Patty"), JACK R. FANUS (referred to herein as "Jack"), IRWIN E. FANUS (referred to herein as "Irv") and PATRICIA S. STIBITZ, Executrix of the Estate of Pearl M. Fanus. WITNESSETH WHEREAS, Pearl M. Fanus (Decedent) died on July 10, 2002; and WHEREAS, pursuant to the Will of the Decedent dated January 7, 2002, Patricia S. Stibitz was appointed as Executrix of the Decedent's Estate by the Cumberland County Register of Wills by appropriate action of the Register of Wills on August 14, 2002 and Docketed at Number 21-02-0728; and WHEREAS, the Executrix has truly and appropriately administered the Estate of the Decedent; and WHEREAS, the Executrix has filed a Pennsylvania Inheritance Tax Return with the Pennsylvania Department of Revenue, said Return being attached hereto and marked Exhibit "A", and said Return including as attached to it a copy of the above mentioned Will of the Decedent; and WHEREAS, the Executrix has accomplished the payment of all Inheritance Taxes owing on the Estate of the Decedent and has accomplished the payment of all obligations owing on the Decedent's Estate except for miscellaneous obligations as set forth below; and WHEREAS, the Executrix and legal counsel for the Estate have provided to Patty, Jack and Irv (collectively referred to herein as the "Beneficiaries") all information relating to the Executrix's handling of the Decedent's Estate and, more specifically, a letter dated November 13, 2003 which set forth an accounting of monies administered by the Executrix through that date, said letter being attached hereto and marked Exhibit "B"; and WHEREAS, Patty, Jack and Irv are the sole surviving children of the Decedent and, pursuant to the Will of the Decedent, are three equal beneficiaries of the Decedent's Estate; and ` WHEREAS, since November 13, 2003, the Executrix has made various payments from the Estate assets on various obligations leaving a balance in the Estate account of $10,968.23; and WHEREAS, the sole remaining asset of the Estate is real estate owned by the Decedent located at 231 West Willow Street, Carlisle, Pennsylvania (hereinafter referred to as the "Real Estate"); and WHEREAS, Jack proposes to purchase the Real Estate at a price of $97,000.00 and all parties to this Agreement agree that said price is an appropriate and fair price for the sale of the Real Estate; and WHEREAS, settlement on the sale of the Real Estate from the Estate of the Decedent to Jack is scheduled to take place on December 17, 2003, with aHud-1 Settlement Sheet (hereinafter referred to as the "Hud-1") prepared for that transaction and attached as Exhibit "C"; and WHEREAS pursuant to the Hud-1, Jack will receive a credit on his 1/3 distribution from the Estate pursuant to the $97,000.00 contract sale price, said credit being $32,333.33; and WHEREAS, in conjunction with Jack's purchase of the :Real Estate, Jack will be purchasing personal progerty as set forth in the attached Exhibit "D" for a total purchase price of $2,840.00 which will be additional monies the Estate will receive; and WHEREAS, the parties desire to proceed with the sale of the Real Estate and, at the same time, afford a payment to Irv and Patty consistent with the credit Jack is receiving in the nature of $32,333.33; and WHEREAS, the parties desire to achieve a full and complete settlement of all matters relating to the Estate, but the parties recognize that there must be some reserve maintained for purposes of paying any miscellaneous bills and handling Income Taxes for the year 2003; and WHEREAS, the Executrix is prepared to achieve the final distribution of the Decedent's Estate subject to the reserve as set forth below; and WHEREAS, all parties acknowledge that they have been provided an opportunity to examine all records of the Decedent in the possession of the Executrix and to examine all records of the Estate; and WHEREAS, the Executrix and all Beneficiaries desire that the administration of the Estate of Pearl M. Fanus be terminated without the expense and delay of a court accounting and the parties are willing to enter into this Estate Settlement Agreement in order to expedite the conclusion of the Estate; and WHEREAS, each party individually acknowledges that he andJor she have carefully examined this document and have had the opportunity to review this document with legal counsel if they so desired; and WHEREAS, All parties to this Agreement acknowledge that the firm of Broujos & Gilroy, P.C. has been retained as legal counsel for the Estate in this matter; and WHEREAS, in an effort to obtain a prompt resolution of the Estate and to conclude this matter, the Executrix is waiving all claims, if any, she may have against the Estate for monies paid on behalf of the Decedent prior to the Decedent's death; and WHEREAS, in an effort to obtain a prompt resolution of the Estate and to conclude this matter, the law firm of Broujos & Gilroy, P.C. is willing to reduce its legal fee in this matter to the sum of $5,000.00 plus the reimbursement of cost's advanced out of pocket by the firm of Broujos & Gilroy, P.C. in connection with the administration of the Estate; and WHEREAS, in an effort to obtain a prompt resolution of the Estate and to conclude this matter, Irv and Jack are willing to waive all claims, if any, they may assert against the Executrix relative to her occupancy of the Real Estate and funds she spent in connection with repair of the Real Estate; and WHEREAS, the parties desire to set forth herein their agreement relative to how the Estate is to be concluded. NOW, THEREFORE, the parties in consideration of the mutual covenants herein expressed and intending to be legally bound hereby, agree as follows: 1 The above named Beneficiaries hereby waive the filing of a formal accounting and schedule of distribution in the Estate of Pearl M. Fanus. 2 The Executrix is authorized to proceed with sale of the Real. Estate from the Estate to Jack in accordance with the figures as set forth in the Hud-1 and, in connection with said sale, Jack is to receive a credit for Estate distribution equal to $32,333.33. 3 Simultaneous with the sale of the Real Estate to Jack, the Estate shall make a distribution to Irv in the amount of $32,333.33 and a distribution to Patty in the amount of $32,333.33. 4 Also simultaneous with the sale of the Real Estate, the Estate shall pay the following obligations: Broujos & Gilroy, P.C. -reimbursement of costs advanced pursuant to listing of costs as set forth on attached Exhibit "E" $ 461.39 Register of Wills -filing fee for Family Settlement Agreement $ 17.00 Broujos & Gilroy, P.C. -attorney's fees for handling of Estate $5,000.00 Patricia S. Stibitz -Executrix Fee $5,000.00 5 Also simultaneous with the sale of the Real Estate, Sack shall purchase the items of personal property as set forth in the attached Exhibit "D" for the price of $2,840.00, with transfer of title of those items of personal property to be by virtue of a bill of sale from the Estate to Jack. 6 All parties agree that with the receipt of funds as set forth above and the payment of the bills as set forth above, monies remaining in the Estate shall equal approximately $2,900.00 (hereinafter referred to as "Escrow Monies"). 'The parties agree that the Escrow Monies shall be held by the Executrix for the payment of the following obligations: • Income Tax for 2003 • Accounting fees in connection with preparation of all Income Tax Returns • Any other bills that accrue to the Estate after settlement of the Real Estate. 7 The parties agree that upon completion of the filing of the a final Income Tax Return for the Estate upon the Executrix's payment of all outstanding obligations of the Estate, the Executrix may proceed with distributing any balance remaining in the Escrow Monies to Patty, Jack and Irv in equal shares, which distribution shall constitute a final distribution of the Estate. 8 The parties acknowledge that there are some miscellaneous items of personal property of the Estate still to be distributed, and the parties agree that those items may be distributed as follows: Item Pocket Watch Recipient Jack R. Fanus Miscellaneous documents Jack R. Fanus Cemetery lots at Westminster Cemetery Jack R. Fanus 9 The parties hereby forever release, compromise, settle and discharge any and all claims, demands, actions or causes of action, legal or equitable, absolute or contingent, which any of them may have against any other party hereto or against the Estate of Pearl M. Fanus or against the Estate's Executrix, Patricia S. Stibitz, by reason of any matter, cause or thing, growing out of or relating to any property or assets of said Estate, or growing out of or relating to any act of the Executrix in her administration of the Estate. This Release shall release the Executrix from all liabilities, whether due to her negligence or otherwise, which she may have by reason of her administration of the Estate of Pearl M. Fanus. This Release shall not release the Executrix from any claims relating to fraud or claims relating to any willful action on behalf of the Executrix in failing to disclose or account for any assets of the Estate which the Executrix may have received. 10 The parties acknowledge that in the event there are legitimate claims filed against the Estate which exceed Escrow Monies, each of the three Beneficiaries will in that event be liable to the Estate for one third of the claim and each Beneficiary agrees to reimburse to the Estate such monies as may be required in the event of a claim being filed against the Estate and exceeding monies held in the escrow account. 11 Each party hereby acknowledges that they have had the opportunity to present this Agreement to their own private legal counsel for legal advice if such party desires such individual legal advice. 12 The parties agree that this instrument shall be binding upon themselves, their successors, assigns and personal representatives. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first written above. WITNESS ~"`~~ WITNESS ~~~_. ~~~ ~~~ ESTATE OF PEARI, M. FANUS '` -~ , , PATRICIA S. STIBITZ, EXECUTRIX BENEFICIARIES JAC .FANUS ~~ ~ IRWIN FANUS ,~° s __ PATRICIA S. STIBITZ ~=v.~v: '~~ to-oa) COMMONWEALTH OF REV-150 0 OFFICIAL USE ONLY PENNSYLVANIA DEPARTMENT OF REVENUE INHERITANCE TAX RETURN FILE NUMBER DEPT. 280601 HARRISBURG, PA 17128-060, RESIDENT DECEDENT 8 ~ - o ~ o ? ~ ~ NT~ N ~R - DECEDENT'S NAME (IAST, FIRST, AND MtDOLE INITIAL) SOCIAL SECURITY NUMBER Z FANUS PEARL M. 1 6 6- 1 2- 5 6 2 5 W D DATE CAF DEATH (MM-OD-Year} DATE OF 81RTH (MM-D0.Year) THIS RETURN MUST BE FILED IN DUPLICATE WITH THE W REGISTER OF WILLS (~ 07/10/2002 05/29/1913 LL! (IF APPUCABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, ANO MIDDLE INITIAL) SOCIAL SECURITY NUMBER ~ 0 1.Original Retum ~ 2. Supplemental Return ~ 3. Remainder Retum (date of death poor l0 12.13-82) Q ~ a ~ ~ 4. Limited Estate ~ da. Future Interest Compromise (sate or deaM aver t2-t2-821 ~ 5. Federal Estate Tax Retum Required ~ a m ~ 6. Decedent Died Testate (Adam copy or w~x1 ~ 7. Decedent Maintained a living Trust (Adam copy a Trusq _ 8. Total Number of Safe Deposit Boxes a a ~ 9. LitgaGon Proceeds Received ~ 10. SpoUS81 POVerty Credit (date of death between 12-31-91 and 1-1-95) ~ 11. Election to tax under Sec. 9113(A) (Anacn scn o) r THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: w NAME COMPLETE MAILING ADDRESS i HUBERT X. GILROY ESQUIRE 4 NORTH HANOVER STREET w FIRM NAME (If Applicable) ~ BROUJOS & GILROY P.C. CARLISLE, PA 17013 p TELEPHONE NUMBER 717-243-4574 Z O f=- Q J F- a Q U w 1. Real Estate (Schedule A) (1) 2. Stocks and Bonds (Schedule B) (2) 3. Closely Held Corporation, Partnership or Sole-Proprietorship (3) 4. Mortgages 8 Notes Receivable (Schedule O) (4) 5. Cash, Bank Deposits ~ Miscellaneous Personal Property (5) (Schedule E) 22,430.01 6. Jointly Owned Property (Schedule F) (s) 3,601.83 Separate Billing Requested 1. Inter-V'rvos Transfers & Miscellaneous Non-Probate Property (7) (Schedule G or L) 8. Total Gross Assets (total Lines 1-7} 9. Funeral Expenses & Administrative Costs (Schedule H) (9) 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) (10) 11. Total Deductions (total Lines 9 & 10) 12. Net Value of Estate (Line 8 minus Line 11) 13. Charitable and Governmental BequestslSec 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) (~) 116, 031.84 12, 569.53 4,408.19 (t1} 16,977.72 (t 2) 99, 054.12 (13) (t4} 99,054,12 SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES Z O F- Q F- 0. O U ?C Q F- 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 > > 8E SURE TO ANSWER ALL QUA 90.000.00 OFFICIAL USE ONLY X (15) 99,054.12 X .045 (16) 4,457.44 X .12 (t7) X .15 (18) wu~QtT (19) 4,457.44 d D D a ~ AND RECHECK MATH < < REV-isozEx •,t~ 9» CpI,iIN1pMNEALTH OF PENNSYLVANIA 1 INHERITANCE TAX RETURN ESTATE OF SCHEDULE A REAL ESTATE FILE NUMBER stil Ic p~ARL M 21 02 0728 All real property owned solely or as a tenant in common must be reported at fair market value. Fatr market value a defined as the pace 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 propeRy which is jointlyovmed with right of survivorshia must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH t. 231 West Willow Street 90,000.00 Carlisle, PA 17013 Appraisal Attached TOTAL (Also enter on line t , Recapitulation) ~ S 90, 000.. (If more space is needed, insert additional sheets of the same size) ~uisoe IX-U ~1 ~_ ' SCHEDULE E COMMONWEALTH OF PENNSYLVANIA CASH, BANK DEPOSITS, & MISC. INHERITANCE TAX RETURN PERSONAL PROPERTY RESIDENT DECEDENT ESTATE OF FILE NUMBER FANUS PEARL M __ 21 02 0728 Indude 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 1. MZ3~T Account 1,194.95 Acct # 2673011892 2 MB~T CD 20,012.65 Acct# 31003911180386 3 Savings Bonds 572.41 4 1982 Oldsmobile Firenza 450.00 5 Miscellaneous personal property 200.00 6 7 TOTAL (Also enter on line 5, Recapitulation) ~ $ 22,430.01_ (If more space is needed, insert additional sheets of the same size) REY~1509 E7(• (7971 COMMONWEALTH OF PENNSYLVANIA ~ INHERJTANCE TAX RETURN RESIDENT DECEDENT SCHEDULEF JOINTLY-OWNED PROPERTY ESTATE OF FILE NUMBER FANUS PEARL M 21 02 0728 ff 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 A. Patricia Sue Fanus Stibitz e c .InINTLY-OWNED PROPERTY: ADDRESS 231 West Willow Street Carlisle, PA 17013 RELATIONSHIP TO DECEDENT Daughter ITEM NUMBER LETTER FOR JOINT TENANT DATE MADE JOINT DESCRIPTION OF PROPERTY Indude name of financial institution and bank account number a similar identifying number. Attach deed for jointy-held real estate. DATE OF DEATH VALUE OF ASSET % OF DECD'S INTEREST DATE OF DEATH VALUE OF DECEDENT'S INTEREST 1. A. 1/4/99 Waypoint Account Checking 3,188.23 50. 1,594.12 Acct # 1700032064 2 A 5/29/98 Waypoint Account Savings 4,015.41 50. 2,007.71 Acct # 1750011151 TOTAL (Also enter on line 6, Recapitulation) I S 3,601.83 (If more space is needed, insert additional sheets of the same size) REV 451 iE% •.;r-9n '_ ~ SCHEDULE H COMMONWEALTH OF PENNSYLVANIA FUNERAL EXPENSES ~ 1 INHEPoTANCETAxRETURN ADMINISTRATIVE COSTS RESIDENT DECEDENT ESTATE OF FILE NUMBER FANUS. PEARL M. 21 02 0728 Debts of decedent must be reported on Schedule I. ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: 1. Hoffman Roth Funeral Home 481 80 2 Mabel Lebo -luncheon 155.00 3 Pastor Shellenberger -luncheon 100.00 4 George's Flowers 254.34 5 Mabel Weirman -luncheon 100.00 B. ADMINISTRATIVE COSTS: ~. Personal Representative's Commissions Name of Personal Representative (s) Patricia Sue Fanus Stibitz 5,000.00 Social Security Number(s)! EIN Number of Personal RepresentaGve(s) 209-36-38$6 Street Address 231 West Willow Street city Carlisle state PA z;p 17013 Year(s) Commission Paid: 2. Attorney Fees Broujos & Gilroy, P.C. 6,000.00 3. Family Exemption: (If decedenCs address is rat the same as daimanCs, attach explanation) Claimant Street Address C~' State Zip Relationship of Claimant to Decedent 4. I Probate Fees 5. I AccountanCs Fees s. I Tax Return Preparefs Fees 7. Register of Wills Filing 267 00 8 Short Certificates . 30.00 9 Cumberland County Law Journal 75.00 10 The Sentinel -legal advertising 74.39 11 Final Inheritance Tax Return 15.00 12 Family Settlement Agreement 17.00 13 TOTAL (Also enter on line 9, Recapitulation) ~ $ (If more space is needed, insert additional sheets of the same size) 12.569.53 • RFV~t5~2 EX•(1~911• _ SCHEDULEI COMMONWEALTH OF PENNSYLVANIA DEBTS OF DECEDENT, ~ INH~ESIDE TDECEDE TRN MORTGAGE LIABILITIES & LIENS ESTATE OF FILE NUMBER FANUS. PEARL M. 21 02 0728 Include unreimbursed medical expenses. ITEM NUMBER DESCRIPTION AMOUNT 1. 2002 School Taxes -Darlene Moyer 910.49 2 UGI Gas 88.00 3 Sprint 31.45 4 Yellow Breeches Ambulance 34.80 5 Thornwald Hone - TV Rental 12.50 6 PP&L 15.04 7 Comcast Cable 2 ~ 8 Thornwald Home -Medical Records 86.75 9 PP&L 15.16 10 Comcast Cable 38.20 11 Sprint 31.51 12 UGI Gas 86 91 13 Borough of Carlisle 27.06 14 Thornwald Home 1 388 18 15 PharAmerica 62.02 TOTAL (Also enter on line 10, Recapitulation) I S 4 408.19 (If more space is needed, insert additional sheets of the same size) .. Continuation of REV-1500 Inheritance Tax Return Resident Decedent FANUS, PEARL M. 21 02 0728 Page 1 Schedule I -Debts or Decedent, Mortgage Liabilities, 8 Liens ITEM NUMBER DESCRIPTION AMOUNT 16 Darlene Moyer -Personal Tax 10.00 17 ~ Ebener Associates -house appraisal 18 ~ Patricia Stibitz -reimbursement for trash removal, cleaning supplies, cleaning for home 19 X2003 County Taxes - Darlene Moyer 20 X2002 Tax Return Preparation -Harold Fraker 21 ~ Diversified Appraisal 275.00 600.00 427.48 15.00 250.00 SUBTOTAL SCHEDULE I 1, 577.48 GRAND TOTAL SCHEDULE 1 S 4,408.19 REV-513 E%± {~-9~1 SCHEDULE) CpMNIpNWEALTHOFPENNSYIVANIA BENEFICIARIES INHEPoTANCE TAX RETURN RFSU)FNT DECEDENT 'ESTATE OF FILE NUMBER ~ A 21 2 72 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) 1. Irwin E. Fanus Son 33.3% 2 ~ Jack Richard Fanus ~ Son ~ 33.3°I° 3 ~ Patricia Sue Fanus Stibitz Daughter 33.3% ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON L-NES 15 THROUGH 17, AS APPROPRIATE, ON REV 1500 COVER SHEET ~]. NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE 1. B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV 1500 COVER SHEET ~ S (If more space is needed, insert additional sheets of the same size) LAST WILL AND TESTAMENT OF PEARL M. FANUS I, Pearl M. Fanus, of Carlisle, Cumberland County, Pennsylvania, declare this to be my last will and revoke any will previously made by me. ITEM ONE: I direct that all my debts and funeral expenses, including my gravemarker shall be paid from my residuary estate as soon as practicable after my decease as a part of the expense of the administration of my estate. ITEM TWO: I make the following specific bequests as set forth on Attachment "A". ITEM THREE: I give, devise and bequeath the rest, residue and remainder of my estate to my three children, Irwin E. Fanus, Sack Richard Fanus and Patricia Sue Fanus Stibitz, share and share alike per stirpes. ITEM FOUR: I appoint Patricia Sue Fanus Stibitz, Executrix of this my last will. ITEM FIVE: In writing this my Last Will and Testament, it has been my desire to treat each of my children fairly with my material possessions and equally with my love. It is my hope and desire that the love and joy which we have shared together will continue in my absence and that you will be as close and loved by each other as you have been to me. May God richly bless each of you. [TEM SIX: All estate, inheritance, succession and other taxes, imposed or payable by reaso~l of my death, and interest and penalties thereon, with respect to all property comprising my gross estate for tax purposes, whether or not such property passes under this will, shall be paid out of the principal of my residuary estate, without apportionment or right of reimbursement. [TEM SEVEN: I direct that my personal representative or guardian shall not be required to give bond for the faithful performance of their duties in any jurisdiction. GL~yt,tc%IJ Pearl M. Fanus PAGE ONE OF FIVE PAGES ITEM EIGHT: In addition to the rights and powers given to the fiduciaries by law or elsewhere in this will, I give to my Executor during the full time necessary anti for the administration of my estate the following rights and powers to be exercised in his sole discretion: A. To retain any real or personal property which may at any time form a part of my estate so long as he or she deems it advisable. B. To invest in any real or personal property without restrictions to legal investments. C. To repair, alter, improve or lease for any period of time any real or personal property and to give options for leases. D. To sell at public or private sale, for cash or credit, with or without security, to exchange or to partition real or personal property, and to give options for leases. E. To make distribution in kind. F. To compromise claims. t7 v IN WITNESS WHEREOF, I have hereunto set my hand this ~ _ day of ~- /k- .2002 . 4 SIGNED Pearl M. Fanus The preceding instrument, consisting of this and three other typewritten pages each identif-ed by the signature of the Testatrix was on the day and date thereof signed, published and declared by the Testatrix therein named as and for her last will, in the presence of us, who at her request, in her presence and in the presence of each other have subscribed our names. ",Ar~~ PAGE TWO OF FIVE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss We H~(~~~ ~ C9~ (~ Y and ~an,;. C'~n~'1so~ witnesses whose names are signed to the attached or foregoing instrument being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument as her last will; that she signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the will as witnesses; and that to the best of our knowledge„ the Testatrix was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. ~~~~ - a~~ e.r. Sworn and subscribed before me this 7 (` day of ~ , 2002. G~,~ ~S ~~' Notar Public I Notaua15eal Eindget Ann Corr~r-;n, N<ilaryy Public C,ulisle (h%~o, Cumberland County 1 e1y Cur~mi5si„n E~:pires Juna 10, 2002 PAGE THREE OF FIVE PAGES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss I, Pearl M. Fanus, whose name is signed to the attached instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my last will; that I signed it as my free and voluntary ac[ for the purposes therein expressed. Pearl M. Fanus Swc;rfi and affirmed to and acknowledged before me this (~ day of (J Ct~.~~ G~~ , 2002. W ~~ ~~~ Notary Pu lic _ ___ _ t Notarial Seal f3fld~et Ann Corcorsn, Notary Public G.;rhete Boro, Cumberland County I ~.:1y Ccmmissiun Expires June 10, 2002 I PAGE FOUR OF FIVE PAGES ATTACHMENT "A" TO WILL OF PEARL M. FANUS Personal property to be distributed to the following: Patricia Fanus Stibitz: I. 2antique-Victorian chairs (black seats) 2. 1 red chair with rollers 3. Grandfather clock . 4. Antique pictures and mirrors 5. Toys in attic 6. My diamond ring Irwin Fanus: 1. ~~e steam engine and grinder in the garage. They are old. I gave them to Irwin rather than wait until my death. 2. The gun upstairs in the front room. It was your father's gun. 3. The television in the middle room. 4. 2 antique chairs (green velvet seats) Jack R. Fanus: 1. Cherry drop leaf table 2. The chest in the vestibule 3. 2 Antique chairs (green velvet seats) 4. The knee hole desk and chair with green flower seat To My Three Children: It has been my desire to treat each of my children fairly with my material possessions and equally with love in my absence. May Gc-d richly bless c•.ach of you. I love all of you Mother (Pearl) CL~ Pearl M. Fanus PAGE FIVE OF FNE r ,~ ]'OHN H. BROUJOS HUBERT X. GILROY Patricia S. Stibitz Jack R. Fanus BROUJOS & GILROY, ~ c. ATTORNEYS AT LAW 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 November 13, 2003 Irwin Fanus Re: Estate of Pear! M. Fanus Dear Patty, Irv and Jack: TELEPHONE: (717) 243-4574 FACSIMILE: (717) 243-8227 jb roujos~broujosgilroy.com hgilroy®broujosgilroy.com NON-TOLL FOR HARRISBURG AREA 717-766-1690 69 .r._~ ice: i9 We have been going back and forth on the sale of the house, and I have advised all of you that it is not prudent to distribute all of the monies to each of you at the time of the sale of the house. Jack is now indicating he will not purchase the house unless he gets a credit for his 1/3 interest on the sale of the real estate. Irv has indicated to me that he will also not agree to the early distributions unless he receives his full 1/3 from the sale of the house. I have advised that there are simply not sufficient funds in the account to handle distribution along the lines Jack and Irv propose at this particular time. At this time, I want to give you some preliminary information relative to available cash in the Estate account. Along these tines, I again enclose a copy of the Inheritance Tax Return. I also enclose a copy of the check ledger from the Estate account. The original check ledger shows an opening balance of $6,847.26. That deposit came from 3 sources: A. The M&T Account of $1,194.95 (Item 1 on Schedule E of the Inheritance Tax Return). B. The Waypoint Savings Account of $4,015.41 (Item 2A on Schedule F of the Inheritance Tax Return). ~~ EXHIBIT Y D D ti Patricia Stibitz, Irwin Fanus and Jack Fanus November 13, 2003 Page 2 C. The balance remaining in the checking account of $1,603.43 -the checking account is shown as Item lA on Schedule F and lists a value of $3,188.23 which was the amount in the account at the time of your mother's death. I enclose the account ledger for that account that shows the bills Patty paid after you mother died that brought the balance down to $1,603.43.) The ledger for the Estate account shows deposits of $20,008.16 which was for the M&T CD, $420.75 which was monies received from Jackson Insurance on an annuity, $144.07 which was another insurance refund, $572.41 which was the redemption of the bonds your mother owned, $288.75 which was payment from Jackson to M&T and a $700 payment from Patty for purchase of items of personal property. The account shows all of the other expenditures Patty has made from the Estate account since that time which includes Real Estate Taxes, Inheritance Taxes and other obligations. In my view, all of these expenses appear to be quite legitimate and not subject to challenge. There was a few checks cut to Patty, and I will address those checks as follows: 1. Check Number 111 was for $5,438.85. This was money Patty paid for improvements to the house while she was living there or before she was living there. Copies of invoices for improvements and these expenses are enclosed. 2. Check Number 104 was for $600.00. Patty cut this to herself, used it to purchase cleaning supplies and also pay Lisa and Laurie for assistance in cleaning. This was $500.00 in cash that she paid. 3. Check Number 125 was a payment to Patty but 'was a reimbursement to her for a payment she made for the tombstone engraving. The account now shows a balance of $11,472.82. The Estate proposes to sell the real estate to Jack for $97,000.00. Because real estate taxes have already been paid, the Estate will receive a credit on those taxes, the amount to be dependent upon the exact date of settlement and how the proration works out. The Estate will also pay $970.00 in Transfer Tax. I believe it is safe to assume the tax proration in favor of the Estate will be less than the $970.00 obligation for Transfer Tax. Accordingly , the Estate will be netting something less than $97,000.00 from the sale of the real estate. Assuming Jack goes through with the transaction, the Estate would also net Patricia Stibitz, Irwin Fanus and Jack Fanus November 13, 2003 Page 3 approximately $2,800.00 for Jack's purchase of the personal property. This would result in an approximately $99,000.00 credit to the Estate. Jack and Irv have suggested that the only way they wilt agree to the transaction at this time is for each of them to receive their 1/3 interest at the real estate at the time of sale. A 1/3 interest between everyone on $97,000.00 equals $32,333.00. If $32,333.00 was distributed to Irv and Patty at time of settlement and Jack received his credit of $32,333.00 by virtue of the purchase of the real estate, when the dust settles the Estate account would still have approximately $12,000.00 in it. The following issues would still remain: A. Our office has not been paid any legal fees or reimbursement for costs advanced. The costs we have advanced are listed as Items 7 through 12 of Schedule H and themselves total in the neighborhood of $500.00. I am also enclosing our bill for services rendered to date based upon an hourly rate, and you can see that our current bill is close to $4,000.00. Be assured that the continued inability of all three of you to sit down and resolve these issues has caused continued additional work on my part and on Bridget's part and fees will only increase as we move further in this case. B. There is an issue with respect to whether Patty is going to take her Executor's fee and, if so, the amount of the fee. C. Based upon what comments have been made to elate, I suspect there may be a suggestion that some of the expenses that Patty reimbursed herself for relative to the house may be claimed to be not legitimate expenses of the Estate, and we will have to sort out those issues. D. I remind you that Patty has also suggested in the past that she may seek reimbursement for some expenses she paid for your mother prior to her death. Whether there is an agreement on that and whether Patty can legitimately assert that claim remains to be seen. Most importantly, in the event there is a suggestion that Patty inappropriately paid some bills, there needs to be the ability to deduct those bills from a share going to Patty rather than having Patty have received her money and then expect her to repay it to the Estate. In other words, we should not distribute Estate assets if there are still outstanding claims and disagreements between the parties. Patricia Stibitz, Irwin Fanus and Jack Fanus November 13, 2003 Page 4 I trust the above gives you sufficient information for you to at least understand why I am very hesitant and unwilling to proceed with the sale of the real estate and each of you get a credit of $32,333.00. We need to ensure there is sufficient monies kept in the Estate to resolve all of the issues I have set forth above, and to resolve any other issues that may arise in the meantime. I suggested that a compromise of $20,000.00 or $25,000.00. If Jack received a credit of $25,000.00 on his purchase of the real estate based upon his Estate interest and Irv and Patty received checks for $25,000.00 upon the sale of the real estate, we would still have an Estate account balance of about $33,000.00. I am not completely happy reserving only those monies, but I think it would be a prudent number to hold back at this particular time. That money would be held in the Estate account and we could then try to sort out the issues as set forth above. If you think we can sort out ALL of the issues set forth above and ALL THREE OF YOU CAN AGREE in writing how to proceed on each and every issue, we can do an Estate settlement agreement in conjunction with sale of the real estate. Under that scenario, I would only suggest we reserve monies to pay any accounting fees that would be necessary relative to the filing of a final Income Tax Return. However, absent a full and final agreement at this time, we need to withhold sufficient monies to address all of the outstanding issues. It is important for you to understand that Patty, in her capacity as Executrix, has the ability to merely sell the property. Accordingly, we do not need Irv's written agreement on anything. However, I will require a written agreement from everyone if we are going to give Jack any credit right off the bat when the property is sold. Absent an agreement from everyone, the options at this time are quite simple: A. Jack purchase the property for $97,000.00. He would pay the full amount, and that money would be paid in the Estate account. The Estate would be distributed at a later date after either an agreement is reached or after an accounting is approved by the court. B. If Jack does not want to purchase the property under these arrangements, Patty will proceed immediately with a sale to a third party. Patty wilt immediately list the property with a realtor. As I am sure you know, this will essentially cost the Estate 6°Io on the sale price and there is no guarantee that we will get someone to buy the property for $97,000.00. Furthermore, while the property stays on the market, the Estate continues to incur expenses. Patricia Stibitz, Irwin Fanus and Jack Fanus November 13, 2003 Page S Accordingly, everyone needs to make a decision at this point. We need Irv and Jack's position on this matter as soon as possible. If a resolution is not achieved by Monday, November 24, 2003, Patty will secure a realtor and list the property for sale. At that time, anyone can buy the property, including Irv, Jack or Patty and the Estate will be subject to paying real estate commissions, transfer tax and some other expenses that may be involved in the transaction. I await your direction. Sincerely yours, ubert X. Gilroy dca Enclosures nMR tJn ~~no_ma~ A. B. -TYPE OF LOAN: U.S. DEPARTMENT OF HOUSING 8 URBAN DEVELOPMENT 1.^FHA 2.QFmHA 3. QCONV. UNINS. 4. ~VA 5. QCONV. INS. 6. FILE NUMBER: 7. LOAN NUMBER: SETTLEMENT STATEMENT 7 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 (POCJ were paid outside the closing; they are shown here for informational purposes and are not included in the totals. 1.0 3/98 (FANUS. JACK.PFD/P-137410!3) D. NAME AND ADDRESS OF BORROWER: E. NAME AND ADDRESS OF SELLER: F. NAME AND ADDRESS OF LENDER: Jack R. Fanus and Estate of Pearl M. Fanus Lois A. Fanus 231 West Willow Street 115 Sunset Drive Carlisle, PA 17013 Mt. Holly Springs, PA 17065 G. PROPERTY LOCATION: H. SETTLEMENT AGENT: 23-2267691 I. SETTLEMENT DATE: 231 West Willow Street Broujos & Gilroy, PC Carlisle, PA 17013 D b 17 2 Cumberland County, Pennsylvania PLACE OF SETTLEMENT ecem er , 003 4 North Hanover Street Carlisle, PA 17013 J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 101. Contract Sales Price ! 97,000.00 401. Contract Sales Price 97,000.00 102. Personal Pro a 402. Personal Pro ert 103. Settlement Char es to Borrower Line 1400 1,849.25 403. 104. 404. 105. 405. mn rl i prr vn 106. Cit /Town Taxes to n I Pr rin vn 406. Cit /Town Taxes to 107. Count Taxes 12/18/03 to 01/01/04 16.40 407. Count Taxes 12/18/03 to 01/01/04 16 40 108. School 12/18703 to 07/01!04 536.52 . 408. School 12/18/03 to 07/01/04 ~ 536.52 109. ' 409. 110. 410. 111. 411. j 112. 412. 120. GROSS AMOUNT DUE FROM BORROWER ' 99,402.17 420. GROSS AMOUNT DUE TO SELLER 97,552.92 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 201. De osit or earnest mone 501. Excess De osit See Instructions 202. Princi al Amount of New Loans 502. Settlement Char es to Seller Line 1400 973 50 203. 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. 207. 507. 208. CrediUll3 Estate Distribution 32,333.33 508. Credit/1/3 Estate Distribution 32 333.33 209. , 509. ustments or /terns nand a ler ustments or Items nand a er 210. Ci /Town Taxes to i 510. Cit /Town Taxes to 211. Count Taxes to 511. Count Taxes to 212. School to 512. School to 213. ! 513. 214. ! 514. 215. i 515. 216. ' 516. 217. 517. 218. 518. 219. 519. 220. TOTAL PAID BY/FOR BORROWER ~ 32,333.33 520. TOTAL REDUCTION AMOUNT DUE SELLER ' 33,306.83 300. CASH AT SETTLEMENT FROM/TO BORROWER: 600. CASH AT SETTLEMENT TO/FROM SELLER: 301. Gross Amount Due From Borrower Line 120 99,402.17 601. Gross Amount Due To Seller Line 420 ~ 97 552 92 302. Less Amount Paid By/For Borrower (Line 220) '( 32,333.33) , . 602. Less Reductions Due Seller (Line 520) ( 33,306.83 3a3. CASH (X FROM) ( TO) BORROWER 67 068.84 603. CASH (X TO) ( FROM) SELLER 64 246 09 Tha nnriarcin Hari harohv ~r•4nn~.dn~i t f , . Borrower ge receip o a completed copy of pages 182 of this statement & any attachments referred to herein. Seller Estate of Pearl M. Fanus Jack R. Fanus EXHIBIT Lois A. Fanus d D D 9 HUD-1 (3-86) RESPA, HB4305.2 Paoe 2 L. SETTLEMENT CHARGES 730. TOTAL COMMISSION Based on Price ° PAID FROM BORROWER'S PAID FROM SELLER'S Division of Commission line 700 aS FOIIOWS: 701 $ t0 FUNDS AT FUNDS AT 7C2 $ CO SETTLEMENT SETTLEMENT 703. Commission Paid at Settlement 704. to 00. ITEMS PAYABLE IN CONNECTION WITH LOAN 801. Loan Ori ination Fee 0.0000 °I° to 802. Loan Discount % to 803. Appraisal Fee to 804. Credit Report to 805. tender's Inspection Fee to 806. Mort a e Ins. A .Fee to 807. Assumption Fee to 808. 809. 810. 811. 900. ITEMS RE UIRED BY LENDER TO BE PAID IN ADVANCE 901. Interest From to @ $ /day ( days °lo) 902. MIP Totlns. for LifeOfLoan for months to 903. Hazard Insurance Premium for 1.0 ears to 904. 905. 1000. RESERVES DEPOSITED WITH LENDER 1001. Hazard Insurance months $ er month 1002. Mort a e Insurance months $ er month 1003. Cit flown Taxes months $ er month 1004. Count Taxes months $ er month 1005. School months @ $ per month 1006. months $ er month 1007. months @ $ per month 1008. months $ er month 1100. TITLE CHARGES 1101. Settlement or Closin Fee to 1102. Abstractor Title Search to 1103. Title Examination to 1104. Title Insurance Binder to 1105. Document Pre aration to 1106. Nota Fees to Cash 3.50 1107. Attorney's Fees to includes above item numbers: 1108. Title Insurance to Commonwealth Land Title Com an 840.75 includes above item numbers: 1109. lender's Coverage $ 1110. Owner's Coverage $ 97,000.00 1111. 1112. 1113. 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording Fees: Deed $ 38.50; Mortgage $ Releases $ 38.50 ^'^ ^^ Certified to be a true copy. Broujos 8~ Gilroy, PC Settlement Agent ( P-137410 / P-137410 ! 3 ) By signing page 1 of this statement, the signatories acknowledge receipt of a completed copy of page 2 of tn~s two page statement. - '._ ILL - AU 1538E EN • AU 1092E ~, OB - AD 2276E ' R. D. 4, Box 353 • Carlisle, PA 249-2677 - 249-1978 Auction Is Action Call ~~R,~wE~~For Satisfaction June 28, 2003 TO: Patricia Stibitz Executrix 2900 Society Hill Drive, Apt 8 Camp Hill, PA 17011 CP: Hubert X Gilroy Attorney 4 North Hanover STreet Carlisle, PA 17013 FR: Benny E. Rowe Appraiser/Auctioneer 2505 Ritner Highway Carlisle, Pa. 17013 (717) 249-2677 RE: Pearl Fanus Estate, 231 West Willow Street, Carlisle, PA, Personal Property Appraisal. At current Auction Market Value. EXHIBIT D PAGE 2 Floor Light $ 4.00 Mirror 5.00 Lamp Stand 8.00 Mahogany Card Table 65.00 Blue Arm Wing Chair 25.00 Oval Gold Mirror 12.00 Brass Table Light 4.00 Floral Sofa 65.00 Reclining Chair 15.00 Lamp Stand 10.00 Bohemian Style Light 10,00 hitchock Arm Chair 0 -- Brass Bucket 20.00 Wood Iron Board _. Mahogany Double Pedestal Desk 70.00 Brass Desk Light 4.00 Misc. 8.00 6 Pcs. Maple Dinette Set 150.00 Metal Cabinet 20.00 Maytag Refrigerator 185.00 Maytag Gas Stove 65.00 Maytag Auto. Washer 135.00 Maytag Dryer 85.00 Kenmore Microwave 20.00 Microwave Stand 10.00 Small Electrical Appliances 22.00 2 Griswald Skillets 12.00 Misc. Small Kitchen Items 32.00 Pots, Pans, Baking 28.00 Glass, China, etc. 18.00 Yellow Chest 25.00 Brass Light 4.00 Misc. 12.00 Kitchen Cabinet Base 15.00 Metal Cabinet 5.00 Meat Bench 12.00 Dehumidifier 15.00 Metal Pot 5.00 Misc. Tools 6.00 Misc. Storage 18.00 Chippendale Style Mirror 25.00 4 Pcs. Cherry Bedroom Suite 450.00 Costume Jewlery 110.00 2 Vinyl Chairs 10.00 1~ _. `? PAGE 3 2 Brass Lights Caneback Chair Mahogany Corner stand 5 Tier Knick Knack Shelf Piano Stool Mahogany Stand Ironstone Tea Pot Ironstone Bowl Maple Frame Living Room Suite Platform Rocker Mahogany Pie Crust Stand 2 Drw. File cabinet Maple Mirror Iron Frog Table, Floor Lights Telephone Stand Misc. Step Ladder Extension Ladder lawn Roller Boat Motor Shelving Stoneware Jugs Wood Box Cedar Chest Porch Rockers Fans Lanterns Scooter Bicycle Railroad Sign Decorators X-mas Related Misc. Storage Household Small Hand tools Long Handle Tools Misc. Hardware 10.00 5.00 25.00 40 .00 30 .00 15.00 45.00 10.00 5.00 N/V N/V 70 .00 6.00 3.00 12.00 6.00 30.00 28.00 12.00 20 .00 8.00 20 .00 8.00 20.00 40.00 35.00 45.00 4.00 12.00 5.00 5.00 225.00 65 .00 15.00 85.00 35 .00 15.00 15.00 TOTAL .00 -~ ~t ~ ~ o _ c~ b Benny E. Rowe ESTATE OF PEARL M. FANUS COSTS ADVANCED BY FIRM OF BROUJOS & GILROY, P.C. Register of Wills -Filing Fee $267.00 Cumberland Law Journal Advertising Fee $ 75.00 The Sentinel Advertising Fee $ 74.39 Register of Wills -Short Certificates $ 30.00 Register of Wills - Inheritance Tax Return 15.00 TOTAL $461.39 EXHIBIT a