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HomeMy WebLinkAbout04-06-111505607121 REV-1500 EX (06-05) OFFICIAL USE ONLY PA Department of Revenue Bureau of Individual Taxes INHERITANCE 1`AX RETURN County Code Year File Number Po Box 2sosol 2 1 1 0 7 4 7 Harrisburg, PA 17128-0601 RESIDENT DECEDENT ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death Date of Birth 2 0 4 3 0 7 4 3 6 0 7 0 7 2 0 1 0 0 8 0 3 1 9 3 4 Decedent's Last Name Suffix Decedent's First Name MI M y e r s C l o y d C (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MI Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW a 1. Original Return ^ 2. Supplemental Return ^ 3. Remainder Return (date of death ^ 4. Limited Estate ^ 4a. Future Interest Compromise (date of ^ prior to 12-13-82) 5. Federal Estate Tax Return Required ^ 6. Decedent Died Testate ^ death after 12-12-82) 7. Decedent Maintained a Living Trust ~ 8. Total Number of Safe Deposit Boxes (Attach Copy of Will) (Attach Copy of Trust) ^ 9. Litigation Proceeds Received ^ 10. Spousal Poverty Credit (date of death ^ 11. Election to tax under Sec. 9113(A) between 12-31-91 and 1-1-95) (Attach Sch. O) CORRESPONDENT -THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DI Name RECTED TO: Daytime Telephone Number W a y n e F S h a d e E s q u i r e 7 1 7 2 4 3 0 2 2 0 Firm Name (If Applicable) _ _ _ _ ____ REGISTER OF WILLS USE ONLY ~.... '' First line of address ~ ~ i_ r"~1 ~-~ '~ ~-~ ....-_._ 5 3 W e s t P o m f r e t S t r e e t -r ~-a ~ t : ~~ t° ~-=; Second line of address ~- ~~. .r.~ ~._. _; I , ~ -,-7 ~,. _ ~- ~ ~ _ _ _ r--~ ~.~ ,_ _ -~ . ~ -; ; City or Post Office State ZIP Code ~, DRTE.F7LED _ - _ -- -. ' a r l i s l e P A 1 7 0 - _ _ ~~- ---- - .T. J 1 3 ~~' _ .._ ; : ;--- - ~. ~- ~`' ~=- -;, ~.. Correspondent's a-mail address: unaer penaiues or perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete. Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge. SIGNAT OF PERSO~SPONSIBLE FOR FILING RETURN DAT ADDRESS P•0• Box 985 Carlisle PA 17013 SIG~ATURE OF PR E THAN REPRESENTATIVE D TE llii'' i ~~ _ _ ~ ~~~ ADDR S 53 West Pomfret Street Carlisle PA 17013 PLEASE USE ORIGINAL FORM ONLY Side 1 1505607121 150560?121 J 1505607221 REV-1500 EX Decedent's Social Security Number Decedent's Name: C 101/ d C• M y e r s 2 0 4 3 0 7 4 3 6 RECAPITULATION 1. Real estate (Schedule A 1 1 7 5 0 0 0. 0 0 2. Stocks and Bonds (Schedule B) .................................. 2. • 3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) ..... 3. • 4. Mortgages & Notes Receivable (Schedule D) ........................ 4. • 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) ....... 5. 5 4 1 .5 8 . 2 7 6. Jointly Owned Property (Schedule F) ^ Separate Billing Requested ....... 6. • 7. Inter-Vivos Transfers 8~ Miscellaneous Non-Probate Property (Schedule G) ~ Separate Billing Requested ....... 7. 1 6 8 7 5 0. 4 3 8. Total Gross Assets (total Lines 1-7) ................. . . . ... . ... g. 3 9 7 9 0 8 . 7 0 9. Funeral Expenses 8 Administrative Costs (Schedule H) ....... ......... 9. 2 4 7 5 4 . 1 6 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) ... ......... 10. 1 5 0 1 5 • 9 5 11. Total Deductions (total Lines 9 & 10) .................. ......... 11. 3 9 7 7 0 . 1 1 12. Net Value of Estate (Line 8 minus Line 11) ................ ......... 12. 3 5 8 1 3 8 . 5 9 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been made (Schedule J) ......... ......... 13. 14. Net Value Subject to Tax (Line 12 minus Line 13) ......... ......... 14. 3 5 8 1 3 8 . 5 9 TAX COMPUTATION -SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a)(1.2) X .0 0 0 0 15. 16. Amount of Line 14 taxable at lineal rate X .045 3 5 8 1 3 8. 5 9 16. 17. Amount of Line 14 taxable at sibling rate X .12 0 0 0 17. 18. Amount of Line 14 taxable at collateral rate X .15 0 0 0 18 19. Tax Due ............ ........................... .. ..... ..19. 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT 0. 0 0 1 6 1 1 6. 2 4 0. 0 0 0. 0 0 1 6 1 1 6. 2 4 Side 2 1505607221 1,505607221 REV-1500 EX Page 3 File Number Decedent's Complete Address: 21 10 747 DECEDENT'S NAME Cloyd C. Myers STREET ADDRESS 1116 Karen Drive _. _ _ __ CITY STATE ;ZIP Carlisle PA 17013 Tax Payments and Credits: 1 ~ Tax Due (Page 2 Line 19) (1) 16,116.24 2, Credits/Payments A. Spousal Poverty Credit B. Prior Payments 13,000.00 C. Discount 684.19 Total Credits (A + B + C) (2) 13,684.19 3. Interest/Penalty if applicable D. Interest E. Penalty Total Interest/Penalty (D + E) (3) 0.00 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Fill in oval on Page 2, Line 20 to request a refund. (4) 0.00 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) 2,432.05 A. Enter the interest on the tax due, (5A) B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (56) 2,432.05 Make Check Payable to: REGISTER OF WILLS, AGENT PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1, Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred : ...................................................................... ^ X^ b, retain the right to designate who shall use the property transferred or its income; ............................... ^ Q c. retain a reversionary interest; or ................................................................................................ ^ X^ d. receive the promise for life of either payments, benefits or care? ....................................................... ^ 0 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? ....................................................................................... ^ Q 3. Did decedent own an "intrust for" or payable upon death bank account or security at his or her death? ......... ^ Q 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? .................................................................................................. ~ ^ IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is three (3) percent [72 P.S. §9116 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is zero (0) percent [72 P.S. §9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary, For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is zero (0) percent [72 P.S. §9116(a)(1.2)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is four and one-half (4.5) percent, except as noted in 72 P.S. §9116(1.2) [72 P.S. §9116(x)(1)], The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is twelve (12) percent [72 P.S. §9116(x)(1.3)]. Asibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. REV-1502 EX + (6-98) SCHEDULE A COMMONWEALTH OF PENNSYLVANIA REAL ESTATE INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Cloyd C. Myers 21 10 747 All real property owned solely or as a tenant in common must be reported at fair market value. Fair market value is defined as the price at which property would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both having reasonable knowledge of the relevant facts. Real property which is jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1. House an of o groun own an num ere as 1116 Karen Drive, Car is e, PA, 175,000.00 and more particularly bounded and described in Cumberland County Deed Book "P", Volume 24, Page 763, parcel # 29-20-1792-036. Valued in accordance with. an Installment Agreement of Sale dated January 31, 201 1. TOTAL (Also enter on line 1, Recapitulation) ~ $ 175,000 00 (If more space is needed, insert additional sheets of the same size) INSTALLMENT AGREEMENT OF~ SALE ~~ "PHIS AGR}:}:MF;NT, tllade thls 3~ J day of 201 1, by and between S'1'}±.VI; W. MY}R.', C;xecutor of the Last Will nd "I'estarn nt and (;state ol~ Cioyd C. Myers. Deceased (hereinafter referenced as "Seller") ANT) SHARON L. CARMAN oI~ 143 North Hanover Street Apartment 2, Carlisle, Pennsylvania 17013 (hereinafter referenced as "Buyer"), as follo~~s: .'eller agrees to sell and convey to Buyer who agrees to purchase from Seller the premises known and numbered as I 1 l6 Karen Drive, Carlisle, Cumberland County, Pennsylvania, with improvements thereon erected, as more particularly described herein in }:xhihit "A" attached hereto upon the following terms and conditions: 1. PURCI-fAS}: PRICI; "I~he purchase prig for said property shall be the sum of~ ()ne }Iundred Seventy- }~ ive Thousand and No/ 100 ($175,000.00) Dollars payable, as follows: Six }-Iundred and No/ 100 ($6(}U.0(}) Dollars on April 1, 201 1, and Six l Iundred and Nc~/ 100 ($600.00) Dollars on May 1, 2U 1 1, both ol~ ~~~hich payments will he in reduction of~ the purchase price, without interest. Buyer shall be required to pay the entire remaining principal balance of One Hundred Seventy-Three "Thousand Fight }{undred and No/100 ($173,800.OU) Dollars at final settlement which will he held on or before ,tune 1, 201 1, at the offices ofCJeorge E'. Douglas, III, 1/syuire, Salzmann Hughes, P.C., 354 Alexander Spring Road, Sulte 1, Carlisle, Pennsylvania 17015. In addition to the said monthly installments on account of the purchase price., . Buyer agrees to pay the taxes, tY~unicipal assessments and utility charges, ifany, accruing subsequently to the transfer of~possesston to Bu~:cr and to make all necessary repairs to the premises. Buyer also agrees to keep in force, from the date of possession by Buyer, insurance policies covering all risks of~physical loss to the subject premises. each policy shall he in a form and with companies satisfactory to Seller and in the amount of at least Une Hundred Fifty Thousand and No/100 ($150,000.00) Dollars for property and casualty losses. "1'he loss pa~~able shall be to the parties hereto as their interests may appear. Buyer shall provide Seller with evidence of~ insurance as of~ the date of~ this Agreement and each renewal, and each policy shall require that the carrier provide Seller with thirty (30) days' written notice before cancellation. Buyer also agrees to keep in force, trorn the date of possession by Buyer, general puhlic liability insurance in the amount ofat least One hundred Thousand and No/100 ($100.000.00) Dollars for accident, injury or death to any one person or to property and at least One Hundred 'Thousand and No/1 Ot) ($ 100.000.00} Dollars per occurrence, with Seller's being named as an additional insured. A late charge of '1'wcnty-l~ ivc and No/ 100 ($2.00) Dol lays for each five day period or fraction thereof that a payment is past due shall he paid by Buyer for expenses incurred by Seller in account supervision. Buyer shall have the privilege of paying as much of the principal balance due at any time. Real estate tars and sewer charges shall be prorated at discount bct~vccn the parties hereto using /~pri 1 i , 201 1, as the prorating date. When legal title is transferred from Seller to Buyer, .'tiller shall pay one-halfofthe realty transfer taxes, and E3uyer shall pay the remainder tllercof: If the premises are conveyed to a third party at the request of~ E3uyer, all realty transfer taxes shall he paid by Buyer anti the third party as they may agree, and Seller will not he obligated to pay any cif' the realty transfer taxes. All payments may he made to Seller by mail at any address designated by .'tiller in ~~riting. Until further notice, said payment shall he made to Seller at the offices of Wayne l'. Shade, Esquire, _53 West Pomlrel Street, Carlisle, Pennsylvania 17013. 1I. IN,'PEC"LIONS Buyer shall have the option, at the expense of I3uyer, of ordering any inspections of the premises on or before .Ianuary 31.201 1. in the event that any inspection reports indicate deticicncies in the property, Buyer will have the option of terminating this Agreement by notice to Seller in writing on or before E~ehruary 2K, 201 1, in which event this Agreement shall then become null and void. In the absence ol~such written termination, Buyer shall he deemed to have elected to tale title tv the premises "as is" without reduction in price and to release Seller from any and all claims. losses, or errands resulting at anytime from any information set forth in any of Buyer's inspection reports. -2- Possession of said property shall be delivered to Buyer on April 1.2011. With the exception of•the agreement that Buyer ~~-ill not sublease any portion ol~the premises until Seller is paid in full, Buyer shall be entitled to receive all rents. issues and profits from and after the date of possession, subject to the conditions herein set forth. IV. FINAL SE.r"l•I.EMEN'I• l~pon compliance with all of the terms and conditions of•this Agreement including payment of the purchase price in full, Seller will, at the expense ofSclier, make, execute and deliver to Buyer, a good and suf•licient Ueed for the proper conveyance ofsaici property, in fee simple, free ol•all liens and encumbrances, subject only to such casements and restrictions as arc visible car of record, such conveyance to contain the usual covenants ol•special warranty. V. UI:I~~AUI."1' Should Seller default upon the full and timely performance ol•any of Seller's obligations under the terms of this Agreement for any reason other than Buyer's default, Buyer may: (a) Enforce specific pcrlormancc ol•this Agreement; (b) lZequcst that all payments of principal he forthwith returned to Buyer upon tender by Buyer to ,'tiller ol•a recordable instrument terminating all of~the right, title and interest of I3uycr «~ith respect to the property which is the: subject of this Agreement; or (c) Bring suit for damages against Seller. Should Buyer default upon the lull and timely performance of any of~ Buyer's obligations under the terms of~this Agreement for any reason other than Seller's default, Seller may, without being required to make an election, pursue the following remedies: (a) Bring suit for damages against Buyer; (b) Accelerate the entire unpaid balance of~ the purchase price and all other sums payable by Buyer in accordance with the terms of'this Agreement together with costs ofsuit and attorney fees of five (5%) percent of the total accelerated -, -~- balance due or $3,000. whichever is greater, hereby waiving the right of exemption and inquisition so tar as the premises herein described, and any improvements erected thereon. Seller, at the option of Seller, may. among other remedies available to Seller, proceed by Action of f,jectment upon this Agreement after default as herein defined for the recovery otsaid premises. In such case, Buyer hereby authorizes and empowers any attorney of any Court of record in the Commonwealth of Pennsylvania or elsewhere to appear for [3uycr and to confess .judgment against Buyer for said entire unpaid balance of'thc purchase price and all other sums payable by Buyer in accordance with the terms otthis Agreement together with costs of suit and attorney fees of five (5`%) percent of the total accelerated balance due or $3.000 whichever is greater. In such case, !3uycr hereby authorizes and empowers any attorney ol~ any court of record in the Commonwealth ol~ Pennsylvania or clse~~~herc to appear [or [3uycr and to confess ~udglZlelll Of' ejectment and authorizes the immediate issuance of a Writ of Possession and Execution (without !cave ol~court) for the costs and attorney tees 01' five { ~%,) percent of~ the total accelerated balance due or $3,000, whichever is greater, waiving all stay and exemption laws. Buyer places a C~uitclaim Deed in escrow with attorney for Seller which Deed may he recorded in the event of~ default by [3uycr. Such aforesaid rights and remedies may he exercised and enforced concurrently and whenever and as often as occasion therefor arise.5; or (c) Retain the down payment hereunder together with all payments on account of'principal and interest as liquidated damages in lull satisfaction o['any and all claims against [3uycr for failure of Buyer to perform the duties, liabilities and obligations imposed upon [3uycr by the terms and previsions ol~this Agreement. Default on the part of Buyer shall he defined with respect to payments required hereunder, as follows: (a) failure to make any monthly installment payment for a period often (lU) days alter the same shall have become due and payable under the terms ol~this Ag rccment; (h) failure to pay any real estate tax bill or municipal tee or assessment prior to the expiration ol'the period during which it may be paid at face value; (c) failure to pay any insurance premium by the due date indicated by the carrier; or -4- (d) I=allure to satisfy any liens or judgments against Buyer which may be enforced against the property which is the subject of this Agreement, within thirty (3U) days of the date of entry ofsaid liens or_judgments. Acceptance by Seller of'any payments under the terms of this Agreement after a default by Buyer, or any failure of Seller to enforce any of'thc rights herein reserved to Seller, shall not be considered a waiver of the right to enforce any ofthc terms of'this Agreement at anytime; and any attempt to enforce the terms of this Agreement shall not be considered a waiver ofthe right of Seller to institute any other proceedings herein provided or provided b}~ law. 1/xcept where an election is required by Seller under the terms of this Agreement all of the terms of this Agreement may he enforced together or successively at the option of Seller. VI. MIS(.'I:I,I.ANI•;(_)US PRt)VISIONS Seller shall have the privilege of'encumbcring the property which is the subject cif' this Agreement by a mortgage or otherwise provided that at no time may any such encumbrance exceed the unpaid principal balance payable by I3uycr under the terms of this Agreement; and if' Seller should default with respect to any payments which may he required in connection with any such mortgage or other encumbrance, Buyer shall have the privilege of'applying any sums payable pursuant to this Agreement to such encumhrance holder. No modification ofthis Agreement shall be binding upon the parties hereto unless the same shal I be in writing and duly approved by all of the parties hereto. "I'he interest of Buyer in this Agreement shall not be assignahle, in whole or in part, without the prior written consent and approval cat' the .'el ler. l f such assignment is effected without such prior approval, all rights and remedies ofthe Seller set forth herein or otherwise available to the Seller shall immediately accrue to the Seller. ~I~ranster oI' title by Will, survivorship or by descent shall not be regarded as an assignment requiring the consent and approval of the Seller. Guyer shall not male any suhstantial alterations to the condition of said property or the buildings erected thereon without first securing the written consent and approval of Seller and without first filing a legally valid Stipulation against Liens in the event that any work is to he performed by anyone other than I3uycr. I f such substantial alterations are r effected without such prior consent and approval or ~.vithout such Stipulation against Liens, all rights and remedies of the Seller set forth herein in the event of~detault by Buyer or otherwise available to the Seller shall immediately accrue to the Seller. -5- Buyer expressly acknowledges that Buyer has inspected and examined the premiscs and accepts the same in their present condition "as-is" and that Seller has not made any representations or warranties regarding the condition thereof or their suitability for any purpose which is not expressly contained in this Agreement. Sella shall not he liable to Buyer for any injury to Buyer or damage to Buyer's property or for any third party claitlls asserted against Buyer or for any defect in or conditions affecting the premises, whether or not such defect or condition existed prior to the date of this Agreement and whether or not any of the same were caused by Seller's negli~~ence. V Buyer will not use or allow to he used any portion of~the premises to generate, manufacture, refine, transport, treat, store. handle, dispose, transler. produce or process hazardous substances except in lull compliance with all applicable environmental laws. If either Seller or Buyer should receive any notice from any governmental authority with regard to hazardous substances af~tecting the premiscs or any notice ol-violation of applicable environmental la~~-s, the party receiving such notice shall promptly notity the other party hereto. and the party responsible for such violation shall take all necessary steps to correct any such violation. Buyer shall indemnify Seller and save Seller harmless from all claims, actions, damages, liability and expenses including attorney fees and costs in connection with anv loss of li fe, personal injury or damage to property arising from or out of~any detect in or conditions affecting the premiscs, excluding any violations of any environmental laws that may have occurred prior to Buyer's possession, or from or out of-any occurrence in, upon or about the premiscs or the occupancy or use by Buyer oi'the premises or any part thereof; whether or not caused or occasioned by any negligent act or omission of Seller, his or its agents, contractors, employees. lessees or invitees and lrom all other claims. actions, charges, liabilities and expenses including attorney fees and costs arising out of or in anyway related to the premises. Buyer sha11 comply with all laws. ordinances and regulations of-duly constituted public bodies now- or hereafter in any manner affecting the premises or the use thereof: Buyer shall have the right to contest the validity ofany laws. ordinances or regulations adversely affecting the use of• the premises and shall hold Seller harmless against violations by Buyer, his agents, contractors, employees, lessees or invitees and trorn all other claims, actions, charges, liabilities and expenses including attorney lees and costs arising out ol~or in anyway related to the premises of-any such law, ordinance or regulation. -6- If the whole or any part onthe premises should be condemned or acquired in lieu of condemnation for any public or quasi-public purpose, any settlement or award resulting from such condemnation shall first he applied against the remaining indebtedness due Seller hereunder. The balance thereof; if any. shall belong to Buyer. Lauver shall have full right and authority to control any such claims in condemnation unless the offer of compensation is less in value than the amount oi~ unpaid interest and principal and any other sums due to Seller hereunder, in which event, the claims may not he resolved without the written consent of Seller, which consent shall not he unreasonably withheld. A1( onthe representations, warranties, covenants and agreements ofthe parties hereto shall survive final settlement and shall not be merged therein. `. '1•his Agreement shall he construed under and in accordance with the laws of the Commonvv~calth on Pennsylvania in ef~tcct as of the date hereof. In the event that any one or more onthc provisions onthis Agreement shall, for any reason, be held to he invalid, illegal or uneillorceable in any respect. such invalidity, illegality or uncnlorceahility shall not at7ect any other provisicm hereon; and this Agreement shall he construed as insuch invalid. ille~~al or unenl~~rceahle provision had never been contained herein. 'I'hc date of~ initial settlement shall be on or before April I , ?U 1 1. Risk onloss for hazards and for liability against one in possession unreal estate shall pass to L3uyer after settlement on the date ol• initial settlement. A rally executed special warranty Deed in fee simple, tree onall marital rights under the I'cnnsylvania Divorce Code and all liens and encumbrances other than existing restrictions and casemetlts ot~record shall he held by Seller until such time as all onthe obligations oi~ Buyer under the terms onthis Agreement have been satisfied. When all ol~ such obligations have been satisfied, Seller or the heirs, executors, administrators, successors or assigns of~ Seller, will deliver said Deed to Buyer. "phis obligation shall survive the death or incompetency of Seller. The residence which is the subject of this transaction was constructed prior to 1978. Buyer acknowledges receipt of a copy of the lead hazard information document approved by the I:nvironmenta) Protection Agency. Buyer also acknowledges the right to conduct alead-based paint inspection at the expense of Buyer. L3uyer hereby waives the right to such inspection. -7- If`any action at law or in equit}~ is necessary to enforce or interpret the teens of this Agreement, the prevailing party shall be entitled to reasonable counsel fees, costs and expenses of~ litigation in addition to any other relief to which the prevailing party may be entitled. Reasonable counsel fees shall be defined as reasonable hours expended at the then hourly rate of counsel for the prevailing party and shall extend to any independent proceedings necessary to collect counsel fees or to enforce any other judgment or decree in connection with this Agreement. Phis Agreement constitutes the entire agreement of the parties hereto and supersedes any prior understandings or written or oral agreements hctween the parties ~~~ith respect to the subject matter of this Agreement. This Agreement shall he binding upon the respective heirs, executors, administrators, successors and, to the extent assignable, assigns or nominees of the parties hereto. IN W1~1'Np:SS WHFIZI:UI~, the parties hereunto set their hands and seals the day and year first above ~~~ritten, intending to he legally bound. WI"I'NISSI+;S: I;S'1'A•I~I; ()I~ C.'1.C)YD C. MYI;IZS, I~I;CIASI;I) Steve W. Myers, I:xc ~ or ~. __:, •~ Sharon L. Carman -8- I.;XHIBIT "A" ALL "1~1 IA"I~ C,'~IZTAIN tract of land, with improvements thereon erected, situate in North Middleton 'I•ownship, Cumberland County, Pennsylvania, more particularly bounded and described in accordance ~~~ith a plan of 1~;.R. 1,ay by Carter ~" Greenawalt, I:nginecrs, Ilagcrsto~~~n, Maryland, dated September 2, 1930, with area calculation by Noel B. Smith, R.S., dated May 3. 1972. as tollo~~~s: BEGINNING at a point on the south side ol•a 16 foot alley ~i~hich point is also the corner of lands conveyed herein and lands now or formerly conveyed to .Iohn 1. Kauf'fi~nan, cat icx; thence along lands no«- or formerly conveyed to .1ohn I. Kauninan, e1 ux, South 3 degrees West. l >6.48 legit to a point at line of lands now or formerly o.f•the Penn Central Railroad Co.; thence along the same. South R3 degrees 44 minutes 46 seconds West, 3UR feet to a point at line of lands now or formerly of'the Penn C.'entral Railroad Co.; thence North 3 degrees 1~ast, 206 feet to the south side ot~a I6 foot wide alley; thence along the south side ot•a 16 food wide alley, 304 legit to a paint. the Place ot~ I3I;GINNING. CON"PAINING 55,097 square feet. BI;INCT the same premises which Ronald [_. Jones and Ruth R. ,loncs, husband and wife, by Uced dated May 12, 1972, and recorded in the t)ttice of the Recorder of~ Deeds ot~C'umherland County, Pennsylvania, in Deed Book "P", Volume 24, Page 762. granted and conveyed unto C.'loyd C. Myers and Shirley A. Myers, husband and wife. "1'hc said Shirley A. Myers died on I~eccmher 12, 19x9, whereupon the entire fee simple interest in the premises herein conveyed became vested in the said Lloyd C. Myers. REV-1508 EX + (6-98) SCHEDULE E COMMONWEALTH OF PENNSYLVANIA CASH, BANK DEPOSITS, ~ M~~7C. IN R SIDENT DECEDENTRN PERSONAL PROPERTY ESTATE OF FILE NUMBER Cloyd C. Myers 21 10 747 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointlyowned with right of survivorship must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH ~. M&T Ba , c ec ing account 1302604 28,383.20 2. State of New York, unclaimed funds 1,516.75 3. Highmark Blue Shield, refund of health insurance premium 123.32 4. Cash 380.00 5. Kevin M. Wickard, proceeds of public auction 10,507.00 6. Erie Insurance Group, refund of automobile insurance premium 168.00 7. United States Treasury, social security benefits 1,580.00 8. 1966 Farmall 706 5,500.00 9. 1956 Farma11450 6,000.00 TOTAL (Also enter on line 5, Recapitulation) I $ 54 158 27 (If more space is needed, insert additional sheets of the same size) 88-10- ~ 10 13 ; 50 FPOI~-MFD-8498'4 1. Type ofAcco~nt Ac~c~vur~t Number C?Hmerchil~ (Names nf} Clpenrr~bT Date Ba~cxncP on Ikate vrDeath Acc:n~c~c~ lntc~rz~~ t Tvtcel r 3029342610 T-349 P00~3I0003 F-'~0? Gheckl~g Account 13U26U4 Glcryd G Mvers nsi~ ~i96 $ ~~,3i~3.?0 3S U. UU ............................................................ ~'2f3,3~3,2U For further account lnformAtbn, closures an~,/ar rein>uursement of funds please call the High street Carlisle C~ice at #717.240.4.536. We were u~iable to locate any safe deposit box for tl~e above-mentioned decedent. Sit~c~ly, Suz~ituie M Kimble Adjustment Services 08/102010 1:52PM [Job No. 5339] X0003 _ :~ ~ ~ ~, w ~.: ~, , ~.__ v- .~~,.,~ rl (~ t .---~ _ ~LLER NAME < ?~C(:'c_:t.1.~~ r _ _-7`~-~" vC` ~~~~1~..i ~"' r`-~ . ~ ~~ ~ ~ :~ ®DRESS ~~ i ~ C ~~ C~ c.z~ =t t~irvH~ SETTLEMENT ®ATE OF SALE ~'~~- C~~ ~~} f C~ PHONE C ~-~ ! ~ ~-f C:y ~" ~ .~' 1 ~- ZIP ~ _ ~ C,, (~S l F CATION OF SALE ~,.t'~~-~' "~i ~ I ~Y ' U<<..c UCTIONEER ~~ ~~ ~ r1 f~)~~ ~ l.~~S t C-~..~~„f~:..-~ PHONE ~11 ? ~ ~.~ ~ -~ 5 _~`-~-1 ~ELLER'S EXPENSES RECEIPTS PROFESSIONAL FEES- ~ ' AUCTIONEER $ ~, ~}; / ~ ~~• _ CASH $_ ~, % ~~ ~! ~ ~ ~ ~.cl~ CLERK $ CHECKS $ c'> ~ ~1 ~s ~ U CASHIER $ OTHER RECEIPTS OTHER EXPENSES $ $ ~~z.: ~ $_ _~ ., _ ~ ~~ $ $ $ $_ $ $- $ $- $ $_ $ TOTAL RECEIPTS $_ ~L~. ~~ ~' ~ ~ $ LESS TOTAL EXPENSES $_ r• ~ ~' ~ ~~~•~' 1~il.~,ti C'Xf'I_rJ~~:~ ~ ~F ~~ ~ ~ j NET PROCEEDS PAYABLE TO SELI..ER ~ ~'~~ ~ ~ ~ ~ --'`~ I (or we), the seller, accept this settlement and acknowledge receipt of the above specified net proceeds f=rom the auction o{ my goods and property sold on the above date. I accept all responsibility for providing merchantable title to all goods, and property sold, and for delivery of title to the purchaser. 1~~-[~~` -~_, ~ a~ ~ .___ y- ,, ~ r~ e ~ e_ Auctioneer car Cashier's Signature (Seller's Signature) ;= lc.` ~~-~~iu -.©ate - - [date _ ____ (Seller's Signature) ~, y ~. ~~ ~~ C (~ ~~ ~` ~~ ~ ti, ~ ~ n n ` t REV-1510 EX + (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY ESTATE OF FILE NUMBER Cloyd C. Myers 21 10 747 This schedule must be completed and filed if the answer to any of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yes. ITEM NUMBER DESCRIPTION OF PROPERTY INCLUDE THE NAME OF THE TRANSFEREE, THEIR RELATIONSHIP TO DECEDENT AND THE DATE OF TRANSFER. ATTACH A COPY OF THE DEED FOR REAL ESTATE. DATE OF DEATH VALUE OF ASSET % OF DECD'S INTEREST EXCLUSION (IF APPLICABLE) TAXABLE VALUE ~, DWS Investments IRA 133347979 158,847.72 100. 158,847.72 2. DWS Investments IRA # 133345844 9,902.71 100. 9,902.71 TOTAL (Also enter on line 7 Recapitulation) ~ $ 168,750 43 (If more space is needed, insert additional sheets of the same size) JUL-28-2010(4tIED) 13:1 ORRSTO~N BRNK holdings by Investor Cloyd C Myers Mr Von A Jaymes 1116 Karen Dr Orrstown Finanaal Advisors Carlisle, PA 17013 427 Village Drive Cerllsle, PA 77015 717-249-3737 (FRX)7172498010 P.002~005 Combined Account Partfollo Date: 07!07/2010 - ~ O D Created: 07/28/2010 ~ (~,,< «~ Cloyd C Myers Acct Name:13W5 TRUST COMPANY COST FOR T>-IE IflA ROLLOVER OF CLOYD C MYERS 111Fi KAREN DR CARLISLE PA 17013-1785 Acct No:00~ 33345844 Acct Type:IRA Rollover Account Rep. No:1 13913 Account Total: $158.847.72 tnvestorTotal: $788,750.44 IntompiClC If presented wlthoui accompAnying disCWSUre ~Oe Page 7 of 2 07f28~2010 2:47PM [Job No. 5327] 00002 _ ..._ AccvuntTvtal: $9,902.7'{ Acct Name: DWS TRUST COMPANY CUST FOR THE IAA ROLLOVER OF GLOYD C MYEAS 1118 KAREN DR CARLISLE PA 17013-1785 Acct No:00133347979 AcctType:IRA Rollover Account Rep. No: 7 8913 REV-1511 EX + (10-06) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & A1111AIAlICTDATI\/e r'neTc ESTATE OF FILE NUMBER Cloyd C. Myers 21 10 747 Debts of decedent must be reported on Schedule I. ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: ~ . Hoffman-Roth Funeral Home, funeral expenses 783.97 2. Funeral food 1,152.75 B. ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions Name of Personal Representative (s) Street Address City State Zip Year(s) Commission Paid: 2, Attorney Fees Wayne F. Shade, Esquire 12,000.00 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address City State Zip Relationship of Claimant to Decedent 4. Probate Fees Register of Wills of Cumberland County, PA 427.50 5. ~ Accountant's Fees 6. ~ Tax Return Preparer's Fees 7. Cumberland Law Journal, advertise Letters Testamentary 75 00 8. Perry Hartzell, trash removal . 300 00 9. PPL, electric service . 124 41 10. The Sentinel, advertise Letters Testamentary . 198 16 11. Diversified Appraisal Services, real estate appraisal . 350 00 12. Comcast, cable television . 16 05 13. Erie Insurance Group, automobile insurance premium . 171 00 14. CenturyLink, telephone service . 46 42 15. PPL, electric service . 103 70 16. PPL, electric service . 56 23 17. Royer's Gulf Service, pick-up truck repairs . 110 28 18. North Middleton Authority, water and sewer . 151.42 TOTAL (Also enter on line 9, Recapitulation) I $ (If more space is needed, insert additional sheets of the same size) 24, 754.16 Continuation of REV-1500 Inheritance Tax Return Resident Decedent Cloyd C. Myers 21 10 747 Decedent's Name Page 1 File Number Schedule H -Funeral Expenses & Administrative Costs - B7. ITEM NUMBER DESCRIPTION AMOUNT 19. Kevin M. Wickard, expenses of public auction 2,062.54 20. PPL, electric service 83.15 21. North Middleton Authority, water and sewer 151.42 22. PPL, electric service 115.94 23. PPL, electric service 73.82 24. York Waste Disposal, trash removal 48.54 25. PPL, electric service 108.56 26. PPL, electric service 168.97 27. North Middleton Authority, water and sewer 151.42 28. PPL, electric service 300.04 29. PPL, electric service 176.08 30. Erie Insurance Group, homeowner's insurance 209.00 31. PPL, electric service 269.24 32. PPL, electric service 178.49 33. Cumberland Waterproofing, waterproof basement 1,550.00 34. Terminix, pest treatment 1,102.40 35. Erie Insurance Group, homeowner's insurance premium 358.00 36. North Middleton Authority, water and sewer 151.42 37. Robin K. Sollenberger, county and township real estate taxes 550.00 38. York Waste Disposal, trash removal 48.54 39. PPL, electric service 223.07 40. PPL, electric service 141.63 41. Register of Wills, filing inheritance tax return 15.00 42. Register of Wills, reserve for filing Account, etc. 450.00 SUBTOTAL SCHEDULE H-67 I 8,687.27 REV-1512 EX + (12-03) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE 1 DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS Cloyd C. Myers 21 10 747 Report debts incurred by the decedent prior to death which remained unpaid as of the date of death, including unreimbursed medical expenses. ITEM NUMBER DESCRIPTION VALUE AT DATE OF DEATH 1. Robin K. Sollenberger, school real estate taxes 2,263.90 2. PPL, electric service 271.00 3. Safe Haven Quality Care, LLC, personal care services 5,104.00 4. Cumberland County Office of Aging, lunches 55.50 5. CenturyLink, telephone service 63.75 6. CCRX, prescription plan premium 77.30 7. Safe Haven Quality Care, LLC, personal care services 5,104.00 8. PPL, electric service 271.00 9. Cumberland County Office of Aging, lunches 55.50 10. Recorder of Deeds, realty transfer tax 1,750.00 TOTAL (Also enter on line 10, Recapitulation) I $ 15,015 95 (If more space is needed, insert additional sheets of the same size) REV-1513 EX + (g-00) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE J BENEFICIARIES ESTATE OF Clo d C. M ers NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY I TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under Sec. 9116 (a) (1.2)] 1. Steve W. Myers P.O. Box 985 Carlisle, PA 17013 2. Teresa M. Monismith 909 Big Spring Road Shippensburg, PA 17257 3. Tammy M. Myers 11 Topview Drive Carlisle, PA 17015 FILE NUMBER 21 10 747 RELATIONSHIP TO DECEDENT Do Not List Trustee(s) Linea Lineal Lineal AMOUNT OR SHARE OF ESTATE 119,379.53 119,379.53 ].19,379.53 ~ ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV 1500 COVER SHEET II. NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE 1. B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS 1. TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET I $ (If more space Is needed, insert additional sheets of the same size) REV-1500 Discount, Interest and Penalty Worksheet Discount Calculation Total Amount Paid within three calendar months of the decedent's date of death: _ 132000.00 Discount: 684.19 Interest Table Year Days Delinquent Balance Due Interest this time period this year this period Before 1981 _. __ _, _ - 1982 1983 1984 1985 1986 _ 1987 __ -_ 1988 through 1991 __ _-__ - 1992 __ _1993 through 1994 1995 through 1998 __ 1999 2000 -_ 2001 2002 2003 2004 2005 ._ 2006 ____ 2007 2008 2009 TOTALS __ Penalty Calculation If the decedent's date of death was on or before March 31, 1993, insert the applicable amount: Total Balance Due on January 17, 1996:. Penalty: