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Home My WebLink About03-0381PETITION FOR PROBATE and GRANT OF LETTERS Estate of WILLIAM WARWAVESYN also known as ,Deceased. To: Register of Wills County of Cumberland in the Social Security No. 078 - 14 - 6523 Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner, who is 18 years of age or older, is one of the personal representatives named in the last will of the above decedent, dated March 12, 2001. Decedent was domiciled at death in SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, with his last family or principal residence at 854 LINDSEY ROAD, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA 17013. Decedent, then 83 years of age, died APRIL 13, 2003 at 854 LINDSEY ROAD, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA 17013. 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. Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (If not domiciled in Pa.) Personal property in Pennsylvania (If not domiciled in Pa.) Personal property in County Value of real estate in Pennsylvania situated as follows: TOTAL 29,500.00 100,000.00 129,500.00 WHEREFORE, petitioner respectfully requests the probate of the last will presented herewith and the grant of letters testamentary thereon. DIANE TRACY 592 THREE CHIMNEYS LANE LOVELAND OH 45140 ,~ OATH OF PERSONAL REPRESENTATIVE STATE OF OHI(¥~// . .._ L : : The petitioner above-named swears that the statements in the foregoing petition are true and correct to the best of the knowledge of petitioner and that as personal representative of the above de.dent, petitioner will well and truly administer the estate according to law. Sworn to and subscribed /~~ before me. this ~d'~y of DIANE TRACY Estate of WILLIAM WARWAVESYN, Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW, ~_~, 2003, in consideration of the petition attached hereto, satisfactory proofl~aving been presented before me, IT IS DECREED that the instrument dated MARCH 12, 2001, described therein, be admitted to probate and filed of record as the last will of WILLIAM WARWAVESYN, and Letters Testamentary are hereby granted to DIANE TRACY. FEES Register ~o;I= Wills Probate, Letters, Etc. Short Certificates ..3.0_ P $ /o.o~ TOTAL $ ~b~q .o~ Filed: HAROLD S. IRWIN III (ID/~iO 2!~920) 35 East High Street Carlisle, PA 17013 717-243-6090 17£: 01.~/ g- ,t~/N 'gO. jo 79~::{i~ ? !"0,;0381:::t CERTIFICATE OF NOTICE UNDER RULE 5.6(a) Name of Decedent: Date of Death: Will No. To the Register: WILLIAM WARWAVESYN APRIL 13, 2003 2003 - 00381 Admin. No. 21 - 03 -00381 I certify that notice of beneficial interest or estate administration required by Rule 5.6(a) of the Orphan's Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate on May 22, 2003: Name DIANE TRACY DAVID WARWAVESYN DANIEL WARWAVESYN Address 592 THREE CHIMNEYS LN LOVELAND OH 45140 149 SHUGHART RD CARLISLE PA 17013 556 COMMONWEALTH DR CINCINNATI OH 45244 Notice has now been given to all persons entitled thereto under Rule 5.6(a) except: NONE May 22, 2003 'R~I HA~ RE 35 East High Street, Suite 201 Carlisle, PA 17013 717-243-6090 Atty for Estate of WILLIAM WARWAVESYN I, WILLIAM WARWAVESYN, of South Middleton Township, Cumberland County, Pennsylvania, declare this instrument to be my Last Will and Testament, hereby expressly revoking all Wills and Codicils heretofore made by me. ONE: I direct my Executrix to pay all of my debts, funeral and administrative expenses as soon as may be done conveniently after my decease. TWO: I specifically give, devise and bequeath to DIANE TRACY, of 592 Three Chimneys Lane, Loveland, Ohio 45140 the sum of Twenty Thousand and no/100 ($20,000.00) and my china dishes. THREE: I give, devise and bequeath all the rest, remainder and residue of my property of every nature and wherever situate to my children, DIANE TRACY, DANIEL WARWAVESYN and DAVID WARWAVESYN, in equal shares per stirpes. If one of my children should predecease me, then the share of my predeceased child shall be distributed equally to the issue of said child. If one of my above-named children should predecease me without living issue, then the share of my deceased child shall be distributed equally to the other children listed above who survives me. FOUR: I nominate and appoint DIANE TRACY, of 592 Three Chimneys Lane, Loveland, Ohio 45140, to be the Executrix of this my Last Will. FIVE: My Executrix may, at her discretion, compromise claims, borrow money, retain property for such length of time as she may deem proper; lease and sell property for such prices, on such terms, at public or private sales, as she may deem proper; and invest estate property and income without restriction to legal investments. SIX: I direct that my Executrix shall not be required to post bond or enter security in this or any other jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 12TM March, 2001. WILLIAM WARWAVI SYN day of (SEAL) Signed, sealed, published and declared by WILLIAM WARWAVESYN, the above named Testator, as and for his Last Will and Testament, in the presence of us, who, at his request and in his presence and in the presence of each other have subscribed our names as witnesses hereto. 2 ACKNOWLEDGMENT AND AFFIDAVIT WE, WILLIAM WARWAVESYN, CHERYL L. CLELAND and MARTHA L. NOEL, the testator and witnesses respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his Last Will, and that he had signed willingly, and that he executed it as his free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the Will as a witness and that to the best of their knowledge the testator was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence. WILLIAM WARWAVES~N CHEI~L L. CLELAND MkRTHA L.'i~'oEL COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : Subscribed, sworn to and acknowledged before me by, WILLIAM WARWAVESYN, the testator herein and subscribed and sworn to before me by CHERYL L. CLELAND and MARTHA L. NOEL, witnesses, this 12TM day of March, 2001. Notarial Seal Betzi A. Morrison, Notanj Public M..C.,arl_isle.Bo.m, _Cum. berlar~J Courtly Y ~.,omm~smon Expires Dec. 15, 2004 Member, Pennsylvanm Assoc~tlon o~ Notaries I~£: OLt/ g- ),VI, t £0. II COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT NO. REV-1162 EX(11-96) CD O03O66 IRWIN HAROLD S III ESQUIRE 64 SOUTH PITT STREET CARLISLE, PA 17013 ........ fold ESTATE INFORMATION: SSN: 078-14-6523 FILE NUMBER: 2103-0381 DECEDENT NAME: WARWAVESYN WILLIAM DATE OF PAYMENT: 09/29/2003 POSTMARK DATE: 00/00/0000 COUNTY: CUMBERLAND DATE OF DEATH: 04/13/2003 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 $7,479.91 REMARKS: HAROLD S IRWIN III TOTAL AMOUNT PAID: $7,479.91 SEAL CHECK# 8353 INITIALS: JA RECEIVED BY: DONNA M. OTTO DEPUTY REGISTER OF WILLS REGISTER OF WILLS REV-1500 EX (6-00) I COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE DEPT. 280601 HARRISBURG, PA 17128-0601 DECEDENT'S NAME (LAST, FIRST AND MIDDLE INITIAL) WARWAVESYN, WILLIAM DATE OF BIRTH INHERITANCE TA~ RETURN RESIDENT DECEDENT DATE OF DEATH APRIL 13, 2003 OFFICIAL USE ONLY FILE NUMBER 21 03 0381 COUNTY CODE YEAR NUMBER SOCIAL SECURITY NUMBER 078 -14 - 6523 APRIL 5, 1920 (IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST AND MIDDLE INITIAL) J SOCIAL SECURITY NUMBER I X 1. Odginal Return 2. Supplemental Return 4. Limited Estate X 6. Decedent Died Testate (Attach copy of Will) EX. A __ 9. Litigation Proceeds Received __ 4a. Future Interest Compromise (for dates of death after 12-12-82) __ 7. Decedent Maintained a Living Trust (Attach copy of Trust) __ 10. Spousal Poverty Credit (date of death between 12-31-91 and 1-1- __ 3. Remainder Retum (dates of death pdor to 12-13-82) __ 5. Federal Estate Tax Retum Req __ 8. Total No. of Safe Deposit Boxes __ 11. Election to tax (Sec. 9113(A)) NAME HAROLD S. IRWIN, III TELEPHONE NUMBER 717-243-6090 1. Real Estate (Schedule A) (1) 2. Stocks and Bonds (Schedule B) (2) 3. Closely Held Stock/Partnership Interest (Schedule C) (3) 4. Mortgages and Notes Receivable (Schedule D) (4) 5. Cash, Bank Dep & Misc Personal Property (Sched E) (5) 6. Jointly Owned Property (Schedule F) (6) 7. Transfers / Misc. Property(Schedule G) (Schedule L) (7) 8. Total Gross Assets (total Lines 1-7) 9. Funeral Expenses & Administrative Costs (Sched H) (9) 10. Debts, 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 (schedule J) 14. Net Value Subject to Tax (Line 12 minus Line 13) 15. Amount of Line 14 taxable at the spousal rate 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 COMPLI::¥t: MAILING ADDRESS 35 EAST HIGH STREET, SUITES 201/202 CARLISLE, PA 17013 175,000.00 0.00 0.00 0.00 32,612.05 0.00 OFFICIAL USE ONLY 41,007.37 384.24 (8) 207,612,05 (11) 41,391.61 (12 166,220.44 (13) 0.00 (14) 166,220.44 x. = (15) 0.00 $ 166,220.44 x.045 (16) = 7,479.91 $ x .12 (17) $ x .15 (18) (19) 7,479.91 ii!iii ............................................... Decedenfs Complete Address: Tax Payments and Credits: 1. Tax Due (Page I Line 18) 2. Credasl paymea~ A. Spou~ ~ C~ B. Prior ~ C. Discount ~ ISTALE 17013 Total Credits (A+B+C) (2) 3. Irdemst / Pmmlty if apl~K:able D. Ir~ E. Penalty Ta~d Inm'mWPem~y (D-,-E) (3) 4. If U~2is~-ea~rthan Lim~ 1 + Une3, mthecr~fer~. This isthe OVERPAYMENT. Check tx~x on Page I Une 20 to reqmt a refund (4) (1) $7,479.91 If I_~e I * Une3isgmalerthan Line2, e~-~erlhediffemnce. Thisislhe TAX DUE. A. Enler lhe inlerest o~ the tax due. B. Enlerthetl~alo~Line~. This islhe BALANCE DUE. $, _7_: 479.91 (5), (SA) (5~)~ $7,479.91 Make Check Pa ble to: REGISTER OF WILLS, AGENT PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use of income of the property transferred; ................................... ~ b. relain the righl to delignale ~lo lllal use the ~ ~ m #s iaCel~e;........ .llXl , c. rlla~a~imem~ m ........................................................................... X d. receive lira Ixarnise lar ~e ~ e#1tm' payments, bene~ls or earn? ............................... X 2. If dealh occarmd on m' before December 123, 19~2, did de~ade~ w#hi~ two years preceding ~ ~ ~ eallliaelali~? ................................................................... N/A a~ h~ or her ~? ...................................................................................................... ~ i 111E ~U~WER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLEi~ SC __!~_-~_ ~ l= G AND FiLE ~ ~ p~T ~ ~ ~ SmGN~JRE OF RERSON~ R~SPONSIBLE FOR FLUNG RETURN ADDRJES_S /I ~/ DATE 59~(~himne~s La~, Op 45140 AUGL[$T ~<::~, __~005 SI~~P~~'i~.~RSONAL REPRESENTATIVE ADDRESS ( ~ DATE AUGUST ,,'~, 2003 35 EAST HIGH ~I~T~, .C.A.RLj~__L..E, P..A 17013 suntara si~___,~e_ b ~A [72 P.S. SecUon 9~16 (aXl.1)(i)]. Seclion 9116 (aXt.1)(~)]: The slalule does nol exem~ a transfer to a sunaving spouse from ta~ and the statulo~y r~ for disclosure of __a~__ For ~,ab~ o~ dealh on or alter July 1, 2000:. pareni, an edoplive pare~, or a ~efaoare~ of the ch~d is 0% [72 p.s. Section 9116 (a)(1.2)]. 9~ 1 s (~ .2Xr/2 P.s. Secam m ~ 6 (aX~)]. REV-l§02 EX + (~2-85) COMMONWEALTH Of PENNSYLVANIA SCHEDULE A INHERITANCE TAX RETURN REAL ESTATE RESIDENT DECEDENT ESTATE OF --~-~ FILE NUMBER WILLIAM WARWAVESYN 2003 - 0381 (Property jointly-owned with Right of Survivorship must be disclosed on Schedule F) All real estate should be reported at fair market value which 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 havin~l reasonable knowled~le of the relevant facts. ITEM NUMBER DESCRIPTION HOUSE AND LOT OF GROUND AT 854 LINDSAY ROAD, CARLISLE, PA 17013 (Value based on sale price) TOTAL (Also enter on Line 1, Recapitulation) VALUE AT DATE OF DEATH 175,000.00 $175,000.00 (If more space is needed, insert additional sheets of same size.) REV-l§03 EX + (~4-86) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF WILLIAM WARWAVESYN (All property il ITEM NUMBER SCHEDULE B STOCKS AND BONDS dntl¥-owned with Right of Survivorship must be disclosed on Schedule F.) FILE NUMBER 2OO3 - 0381 NONE DESCRIPTION TOTAL (Also enter on Line 2, Recapitulation) VALUE AT DATE OF DEATH NONE (If more space is needed, insert additional sheets of same size.) REV-l§04 EX + (3-92) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF WILLIAM WARWAVESYN ITEM NUMBER SCHEDULE C CLOSELY HELD STOCK PARTNERSHIP AND PROPRIETORSHIP FILE NiJ~-3ER 2003 - ~381 DESCRIPTION VALUE AT DATE OF DEATH TOTAL (Also enter on Line 3, Recapitulation) NONE NONE (If more space is needed, insert additional sheets of same size.) REV-1507 EX + (6-86) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF WILLIAN WARWAVESYN (All propertyi, ITEM NUMBER SCHEDULE D MORTGAGES AND NOTES RECEIVABLE ~intl~owned with Right of Survivorship must be disclosed on Schedule F.) FILE NUMBE~ 2003 - 038'I NONE DESCRIPTION TOTAL (Also enter on Line 4, Recapitulation) VALUE AT DATE OF DEATH NONE (If more space is needed, insert additional sheets of same size.) REV-1508 EX + (2-87) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF WILLIAM WARWAVESYN (All property ~ ITEM NUMBER 4. 5. 6. 7. 8. 9o 10. SCHEDULE E CASH, BANK DEPOSITS AND MISCELLANEOUS PERSONAL PROPERTY )intly-owned with Ri~lht of Survivorship must be disclosed on Schedule F.) DESCRiP¥iON ALLFIRST BANK - Checking Account No. 00142-8568-1 (Value based on bank statement attached as Exhibit "B") ALLFIRST BANK- Money Market Account No. 09509-8408-2 (Value based on bank statement attached as Exhibit "B") REICHHOLD CHEMICALS PENSION PLAN - Pension Plan Check and Interest SHIPLEY OIL CO. - Credit on Account I.R.S. - Income Tax Refund SPRINT - Credit on Account EMPIRE BLUE CROSS / BLUE SHIELD - Refund 1991 OLDSMOBILE CUTLASS CIERRA- Very Poor Condition Mechanically and Otherwise (Value based on Kelley Blue Book Trade-In value as shown on attached Exhibit "C") SET OF NORITAKE DISHES (30 Years Old) [ These dishes are being listed with no value because they are mentioned in the will; however, decedent gave these dishes to the beneficiary in 2001, more than one year prior to death] REAL ESTATE TAX PRO-RATION TOTAL (Also enter on Line 5, Recapitulation) FILE NUMBER 2003 -- 0381 VALUE AT DATE OF DEATH 1,747.75 27,976.88 235.23 627.30 80.00 176.00 361.72 0.00 0.00 1,407.17 $ 32,612.05 (if more space is needed, insert additional sheets of same size.) REV-1509 EX + (~2-88) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT EST~.TE OF WILLIAM WARWAVESYN SCHEDULE F JOINTLY-OWNED PROPERTY FILE NUMBER 2003 - 0381 Joint tenant{s): NAME ADDRESS RELATIONSHIP TO DECEDENT Jointly-(,wned prop, rt¥: ITEM' Lc I I r-R ' DATE DESCRIPTION OF PROPERTY TOTAL DECD'S DOLLAR NO. FOR MADE VALUE % INT. VALUE OI JOINT JOINT OF ASSET DECEDENT,.~ TENANT INTEREST NONE TOTAL (Also enter on Line 6, Recapitulation) NONE (If more space is needed, insert additional sheets of same size.) REV-1'510 EX +'(2-87) SCHEDULE G INTERVIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE ~F FILE NUMBER WILLIAM WARWAVESYN 2003 - 0381 THIS SCHEDULE MUST BE COMPLETED AND FILED IF THE ANSWER TO ANY OF THE QUESTIONS ON THE REVERSE SIDE OF THE COVER SHEET IS YES. ITEM DESCRIPTION OF PROPERTY DATE OF NUMBER Include name of the transferee, their relationship to decedent, date of transfer DEATH % OF EXCLUSION TAXABLE VALUE OF DECD'S (If applicable) VALUE ASSET INTEREST TOTAL (Also enter on Line 7, Recapitulation) NONE (if more space is needed, insert additional sheets of same size.) REV-1511 EX + (7-88) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF SCHEDULE H FUNERAL EXPENSES, ADMINISTRATIVE COSTS AND MISCELLANEOUS EXPENSES FILE NUMBER WILLIAM WARWAVESYN 2003 0381 ITEM DESCRiP~ON AMOUNT NUMBER A. Funeral Expenses: 1. HOFFMAN - ROTH FUNERAL HOME, INC. 7,067.50 2. PASTOR CHUCK KISH and PASTOR DWAYNE WEAVER - Funeral Services 125.00 B. Administrative Costs: 1. Personal Representative Commissions: Social Security Number of Personal Representative:: Year Commissions Paid: 2. Estimated Total Attorney Fees: HAROLD S. IRWIN, III 9,981.36 3. Family Exemption: Claimant Relationship Address of Claimant at decedent's death: Street Address City State Zip Code 4. Probate Fees: REGISTER OF WILLS 269.00 C. Miscellaneous Expenses: 1. REGISTER OF WILLS - File Inventory and Appraisement 25.00 2. HAROLD S. IRWIN, III - Notary Fees 10.00 3. ALLSTATE INSURANCE CO. - Car Insurance Premium 207.20 4. PAT BROWN, ESQUIRE - Deed Preparation 100.00 5. VARIOUS PAYEES - Payments for Labor and Expenses to Prepare Real Estate for Sale 960.00 6. JUDY A. CAMPBELL, TAX COLLECTOR - School Real Estate Taxes 1,760.49 7. DAVID WARWAVESYN - Reimbursement for Materials and Supplies for Repairs to 1,294.32 Real Estate 8. BRETT WARWAVESYN - Lawn Cutting at Real Estate (8 Times @ $20.00) 160.00 9. RICHARD HARVEY- Construction of New Roof on Real Estate 4,746.00 10. HARRISBURG HAULING - Removal of Trash from Real Estate 25.50 11. ED NELSON - Repairs to Real Estate 540.00 12. LAUREN WARWAVESYN - House Cleaning 240.00 13. REGISTER OF WILLS - Copies 6.00 14. WSI HAULING - Dumpster Rental 850.00 15. DAVID WARWAVESYN - Miscellaneous Expense Reimbursement Related to Funeral 275.00 16. REAL ESTATE SALES COMMISSION 10,500.00 17. COMMONWEALTH OF PA - Real Estate Transfer Tax 1,750.00 18. SEPTIC PUMPING 115.00 TOTAL $ 41,007.37 (If more space is needed, insert additional sheets of same size.) REV-1512 EX + (1-93) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF WILLIAM WARWAVESYN NUMBER SCHEDULEI DEBTS OF DECEDENT, MORTGAGES, LIABILITIES AND LIENS I FILE NUMBER 2003 - 038'1 DESCRIPTION SOUTH MIDDLETON TOWNSHIP AUTHORITY - Water Bills METROPOLITAN EDISON COMPANY - Electric Bills TUCKEY MECHANICAL SERVICES, INC. - Repairs to Heating System TOTAL (Also enter on Line 10, Recapitulation) AMOUNT $ 69.30 144.63 170.31 $ 384.24 (If more space is needed, insert additional sheets of same size.) REV-1913 EX + (2-87) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT .... Wi!.LIAM WARWAVESYN SCHEDULE J BENEFICIARIES r FILE NUMBER 2003 - 0381 ITEM NAME AND ADDRESS OF BENEFICIARY K~-LATIONSHIP AMOUNT OR NUMBER A. Taxable Bequests: SHARE OF ESTATE 1. DIANE TRACY DAUGHTER 1/3 RESIDUE [NOTE - 592 THREE CHIMNEYS LN Dishes mentioned in will LOVELAND OH 45140 given to this beneficiary in 2001; also $20,000 in will to this beneficiary being disclaimed by her] 2. DAVID WARWAVESYN SON 1/3 RESIDUE 149 SHUGHART RD CARLISLE PA 17013 3. DANIEL WARWAVESYN SON 1/3 RESIDUE 556 COMMONWEALTH DR CINCINNATI OH 45244 ITEM NAME AND ADDRESS OF BENEFICIARY AMOUNT OR NUMBER SHARE OF ESTATE B. Charitable and Governmental Beque~: NONE TOTAL CHARITABLE AND GOVERNMENTAL BEQUESTS (also enter on Line 13, Recapitulation) $ NONE (If more space is needed, insert additional sheets of same size.) EXHIBIT "A" I, WILLIAM WARWAVESYN, of South Middleton Township, Cumberland County, Pennsylvania, declare this instrument to be my Last Will and Testament, hereby expressly revoking all Wills and Codicils heretofore made by me. ONE: I direct my Executrix to pay all of my debts, funeral and administrative expenses as soon as may be done conveniently after my decease. TWO: I specifically give, devise and bequeath to DIANE TRACY, of 592 Three Chimneys Lane, Loveland, Ohio 45140 the sum of Twenty Thousand and no/100 ($20,000.00) and my china dishes. THREE: I give, devise and bequeath all the rest, remainder and residue of my property of every nature and wherever situate to my children, DIANE TRACY, DANIEL WARWAVESYN and DAVID WARWAVESYN, in equal shares per stirpes. If one of my children should predecease me, then the share of my predeceased child shall be distributed equally to the issue of said child. If one of my above-named children should predecease me without living issue, then the share of my deceased child shall be distributed equally to the other children listed above who survives me. FOUR: I nominate and appoint DIANE TRACY, of 592 Three Chimneys Lane, Loveland, Ohio 45140, to be the Executrix of this my Last Will. FIVE: My Executrix may, at her discretion, compromise claims, borrow money, retain property for such length of time as she may deem proper; lease and sell property for such prices, on such terms, at public or private sales, as she may deem proper; and invest estate property and income without restriction to legal investments. SIX: I direct that my Executrix shall not be required to post bond or enter security in this or any other jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 12TM March, 2001. WILLIAM WARWAVI SYN day of (SEAL) Signed, sealed, published and declared by WILLIAM WARWAVESYN, the above named Testator, as and for his Last Will and Testament, in the presence of' us, who, at his request and in his presence and in the presence of each other have subscribed our names as witnesses hereto. ACKNOWLEDGMENT AND AFFIDAVIT WE, WILLIAM WARWAVESYN, CHERYL L. CLELAND and MARTHA L. NOEL, the testator and witnesses respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his Last Will, and that he had signed willingly, and that he executed it as his free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the Will as a witness and that to the best of their knowledge the testator was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence. WILLIAM~WARWAV~E$~N , CHERYL- L. CLELAND ' COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : Subscribed, sworn to and acknowledged before me by, WILLIAM WARWAVESYN, the testator herein and subscribed and sworn to before me by CHERYL L. CLELAND and MARTHA L. NOEL, witnesses, this 12TM day of March, 2001. Notarial Sea~ Betzi A. Momson, Notary Public M..C~d_isle .Bo. ro, _Cum. berland County y ~,ommlss~on Expires Dec. 15, 2004 Member, Pennsylvania Association o~ Notaries EXHIBIT "B" allfirst' A Division of M and T Bank Harold S. Irwin, III Attorney At Law 35 East High Street Hitner House, Suites 201 & 202 Carlisle, PA 17013 Allfirst Financial Center N.A. I~O. Box 900 Millsboro, DE 10966 Phone (302) 934-2909 Fax (302) 934-2955 May 29, 2003 Re: Estate of William Warwaves)~n Social Security: 078-14-6253 Date of Death: April 13, 2003 Dear Sir or Madam: Per your inquiry dated May 1, 2003, please be advised that at the time of death, the above-named decedent had on deposit with this bank the following: Type of Account Account Number Ownership ('Names o.19 Opening Date Balance on Date of Death Accrued Interest Total Relationship Checking W/Interest 0014285681 William Warwavesyn, Owner 06/28/89 $1,747.38 $ .25 $1,747.63 Type of Account Account Number Ownership (Names oJ) Opening Date Balance on Date of Death Accrued Interest Total Money Fund Alternative 0950984082 William Warwavesyn, Owner 06/07/02 $27,951.84 $ 16.69 $27,968.53 This letter does not include any accounts in which the deceased may have been listed as Power of .dttorney, Custodian of Uniform Transfers, Representative Payee, or Trustee under a Written Agreement. For further account information, closures and/or reimbursement of funds refer to below branch: CARLISLE GIANT OFFICE 255 SOUTH SPRING GARDEN STREET CARLISLE, PA 17013 717-240-6734 Sincerely, Assistant I Cis Services, (302) 934-2909 EXHIBIT "C" · Kelley Blue Book Used Car Values Page 1 of 2 NewCar ~ Build a Car My Car's VM~e Used ~r ~il Buy a ~ ~r ~lt YOur ~r ~su~nc8 Wa~n~ D~ Gu~ ~ice ~ut ~ ~e Blue Book ~t Wash Enter your email to get the latest Blue Book Trade-In Report Pennsylvania · August 20, 2003 Le 1991 Oldsmobile Ciera sedan 4D Engine: 4-Cyl. 2.5 Liter Trans: Automatic Drive: Front Wheel Drive Mileage: 94,000 Equipment Air Conditioning Power Steering _Buy a New Car List Your Car For Sale Online Free Lemon Chec_k _Auto Loans from 3.99% APR Insur~ Warranty Quote Payment Calculator_ Sell your car on eBay Motors_ AM/FM Stereo Consumer Rated Condition: Poor "Poor" condition means that the vehicle has severe mechanical and/or cosmetic defects and may be in questionable running condition. The vehicle may have problems that cannot be readily fixed such as a damaged frame or a rusted-through body. A vehicle with a branded title (salvage, flood, etc.) or unsubstantiated mileage should be considered "poor" because of potential problems and should be independently appraised to determine its value. Trade-In Value (no value) Trade-in value represents what you might expect to receive from a dealer for this consumer owned vehicle. Keep in mind that the dealer must then absorb the cost of making the vehicle ready for sale, advertising, sales commissions, arranging financing and insurance and standing behind the vehicle for any mechanical or safety problems. Get the latest Blue Book Get a Private Party Value Get Invoice & MSRP on New Cars Inventory of the real and personal estate of WILLIAM WARWAVE~YN, deceased 1. HOUSE AND LOT OF GROUND AT 854 LINDSAY ROAD, CARLISLE, PA 17013 175,000 00 2. ALLFIRST BANK- Checking Account No. 00142-8568-1 1,747 75 3. ALLFIRST BANK- Money Market Account No. 09509-8408-2 27,976 88 4. REICHHOLD CHEMICALS PENSION PLAN - Pension Plan Check Due 235 23 5. SHIPLEY OIL CO. - Credit on Account 627 30 6. I.R.S.- Income Tax Refund 80 00 7. SPRINT-Credit on Account 176 00 8. EMPIRE BLUE CROSS / BLUE SHIELD- Refund 361 72 9. 1991 OLDSMOBILE CUTLASS CIERRA- Very Poor Condition Mechanically and Otherwise (Value based on Kelley Blue Book Trade-In value) 0 00 10. REAL ESTATE TAX PRORATION 1,407 17 TOTAL $ 207,612 05 BUREAU OF INDIVIDUAL TAXES ZNHERTTANCE TAX DZVTSTON DEPT. 280601 HARRTSBURG, PA 1712B-0601 COHHONWEALTH OF PENNSYLVANIA DEPARTHENT OF REVENUE NOTICE OF .ZN~ERZTANCE TAX .APPRAZSEflENT, ALLONANCE OR DZSALLONANCE OF DEDUCTIONS AND ASSESSMENT OF TAX DATE 11-17-2005 ESTATE OF WARWAVESYN DATE OF DEATH 04-13-2005 FILE NUMBER 21 03-0381 RE¥-1547 EX AFP (01-0S) WILLIAM COUNTY CUMBERLAND HAROLD S IRWIN III ACN 101 STES 201 Z02 35 E HIGH ST I Amount Remitted CARLISLE PA 17013 HAKE CHECK PAYABLE AND RENZT PAYNENT TO: 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 DZSALLOWANCE OF DEDUCTZONS AND ASSESSHENT OF TAX ESTATE OF WARWAVESYN WILLIAH F]:LE NO. 21 0:3-0381 ACN 101 DATE 11-17-2003 TAX RETURN NAS: (X) ACCEPTED AS FILED ( } CHANGED RESERVATION CONCERNZNG FUTURE INTEREST - SEE REVERSF APPRAZSED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) (1) 2. Stocks and Bonds (Sohedule B) (2) 3. Closaly Held Stock/Partnership Interest (Schedule C) (3) q. Hortgages/Notas Reoeivable (Schedule D) (~) E. Cash/Bank Deposlts/Nisc. Personal Property (Schedule E) ($) 6. Jointly Ownad Property (Schedule F) (6) 7. Transfers (Schedule G) (7) 8. Total Assets APPROVED DEDUCTIONS AND EXENPTZONS: 9. Funeral Expenses/Ada. Costs/Nisc. Expenses (Schedule H) (9) 10. Debts/Hortgaga L{abilities/Lians (Schedule Z) (10) 11. Total Deductions 12. Nat Value of Tax Return 175z000.00 .00 ,00 .O0 $2r612.05 .00 .O0 (8) 41,007.$7 NOTE: To insure propar credit to your account, submit the upper portion of this for. with your tax payment. 13. 1~. NOTE: 207,612.05 ZF PAID AFTER DATE INDZCATED, SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. TAX CREDITS: PAYNEN1 DATE 09-29-2005 RECEIPT NUHBER CD005066 OI$COUNT {+) INTEREST/PEN PAID (-) .O0 reflect figures that include the total of ALL returns assessed to date. · O0 x O0 = . O0 166,220.~4 x 045= 7,479.91 · O0 x 12 = . O0 · 00 x 15 = . O0 (19)= 7,q79.91 ANOUNT PAID 7,479.91 ASSESSHENT OF TAX: 15. Amount of Line 1~ at SpousaZ rate (15) 16. kaount of Line 1~ taxable at Linaal/Class A rate (16) 17. Amount of L/ne 1~ at Sibling rata (17) 18. Amount of Line lq taxable at Collateral/Class B rate (18) 19. Principal Tax Due TOTAL TAX CREDIT BALANCE OF TAX DUE INTEREST AND PEN. TOTAL DUE 7,479.91 .00 .00 .00 ( ZF TOTAL DUE ZS LESS THAN $1, NO PAYMENT ZS REQUIRED. ZF TOTAL DUE ZS REFLECTED AS A 'CREDIT" (CR), YOU NAY BE DUE A REFUND· SEE REVERSE SZDE OF THIS FORH FOR ZNSTRUCTZO~.) Charitable/Governmental Bequests; Non-alected 9115 Trusts (Schedule J) (15) . O0 Nat Value of Estate Sub,act to Tax (lq) 166,2Z0.~4 Zf an assessment ~as issued previously, lines 14, 15 and/er 16, 17, 18 and 19 ~ill 384.24 (11) ~1.391 .~ (~) 166,220.44 RESERVATION: Estates of decedents dying on or before December IZ, 1982 -- if any futura interest in the estate is transferred in possess[on or enjoyment to Class B (collateral) beneficiaries of the dmcedent after the expiration of any estate for life or for years, the Commonwealth hereby expressly reserves the right to appraise and assess transfer Inharitmnce Taxes at the taafut Ctass B (coltataral) rate on any such future interest. PURPOSE OF NOTICE: PAYMENT: REFUND (CR): OBJECTIONS: ADMIN- ISTRATIVE CORRECTIONS: DISCOUNT: PENALTY: INTEREST: To fulfill the requirements of Section 21q0 of the Inheritance and Estate Tax Act, Act Z$ of 2000. (72 P.S. Section 91q0). Detach the top portion of this Notice and submit with your payment to the Register of #[11s printed on the reverse side. --Make check or money order payable to: REGISTER OF NILES, AGENT A refund of a tax credit, which was not requested on the Tax Return, may ba requested by completing an "Application for Refund of Pennsylvania Inheritance and Estate Tax" (REV-1315). Applications ara available at the Office of the Register of Nills, any of the 23 Revenue District Off[cas, or by calling the special lq-hour answering service for forms ordering: 1-SDO-362-ZOSO; services for taxpayers aith special hearing and / or speaking needs: 1-800-qq7-3020 (TT only). Any party in interest not satisfied eith 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: --eritten protest to the PA Department of Rsvanusj Board of Appeals, Dept. ZBiOZIj 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' Court. Factual errors discovered on this assessment should be addressed in writing to: PA Department of Revenue, Bureau of Individual Taxes, ATTN: Post Assessment Reviaa Unit, Dept. 260601, Harrisburg, PA 17128-0601 Phone (717) 787-6505. See page S of the booklet "Tnstructions for Tnharitance Tax Return for a Resident Decadent" (REV-1501) for an explanation of administratively correctable errors. If any tax due is paid within three (5) calendar months after the dacedant's death, a five percent (52) discount of the tax paid is alZoaad. The 15Z tax amnesty non-participation penalty is computed on the total of the tax and Interest assessed, and not paid bmform January 18, 1996, the first day after the and of the tax amnesty period. This non-participation penalty is appealable in the same manner and in the the same tiaa period as you would appeal the tax and interest that has bean assessed as indicated on this notice. Interest is charged beginning with first day of delinquency, or nine (9) months and one (1) day from the data of death, to the date of payment. Taxes which became delinquent before January 1, 19az bear interest at the rata of six (6Z) percent par annum calculated at a daily rata of .OOOl6q. All taxes ahich became delinquent on and after January 1, 1982 Hill bear interest at a rate which Hill vary from calendar year to calendar year ~ith that rate announced by the PA Department of Revenue. The applicable interest rates for 19BI through 2005 ara: Interest Daily Interest Daily Tntarest Daily Year Rate Factor Yeast Rate Factor Yamr Rate Factor 1982 lOX . O00Sq8 1987 9Z . O00Zq7 1999 72 . O00lgZ 1983 162 .000¢38 1988-1991 Ill .000501 2000 82 .000219 198q 11Z .000301 1992 92 . O00247 2001 92 .000247 1985 13Z .000556 1993-1994 77. . O00XgZ ZOOZ 62 .000164 1986 IOZ .000Z74 1995-1998 97. .000247 2005 57. .000137 --Interest is calculated as follows: INTEREST = BALANCE OF TAX UNPAID X NURBER 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 mmda after the interest computation date shown on the Notice, additional interest oust be calculated. STATUS REPORT UNDER RULE 6.1~ Name of Decedent: WILLIAM WARWAVESYN Date of Death: APRIL 13, 2O03 Will No. 21- 03 - 0381 Admin No. 2103 - 0381 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above- captioned estate: State whether administration of the estate is complete: Yes X No 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: Did the personal representative file a final account with the Court? Yes No X b. The separate Orphans' Court No. (if any) for the personal representative's account is: N/A Did the personal representative state an account informally to the parties in interest? Yes X No March 15,2004 Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. ? ::':;-u:~3 ~rold S. I~in, III , · ~) Afforney for Estate of Iliam ~a~avesyn G [ ~ ~0. 64 South Piff Street Carlisle, PA 17013 717-243-6090 RELEASE I, DIANE TRACY, hereby acknowledge that I have this day had and received from DIANE TRACY, executrix, and HAROLD S. IRWIN, III, the legal counsel for the ESTATE OF WILLIAM WARWAVESYN, deceased, the additional sum of Four Hundred Forty-two and 10/100 ($442.10) Dollars in full satisfaction and payment of my share in the estate. AND THEREFORE, I, the said DIANE TRACY, by these presents remise, release, quit claim, and forever discharge the said executrix and attorney, their heirs, executors and administrators, of and from the said share and of and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever, for or by reason thereof, or any other act, matter, cause or thing whatever, from the beginning of the world to the day of the date of these presents. And I hereby consent and agree that the Orphans' Court of Cumberland County may discharge the said executor and legal counsel as to this share upon application, without further notice to me. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day ""~ '3~.~' STATE OF OHIO DIANE TRACY ~ (SEAL) On this, the L~ day of ~, before me, the undersigned officer, personally appeared DIANE TRACY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. (SEAL) RELEASE I, DANIEL WARWAVESYN, hereby acknowledge that I have this day had and received from DIANE TRACY, executrix, and HAROLD S. IRWIN, III, the legal counsel for the ESTATE OF WILLIAM WARWAVESYN, deceased, the additional sum of Four Hundred Forty-two and 09/100 ($442.09) Dollars in full satisfaction and payment of my share in the estate. AND THEREFORE, I, the said DANIEL WARWAVESYN, by these presents remise, release, quit claim, and forever discharge the said executrix and attorney, their heirs, executors and administrators, of and from the said share and of and from all actions, suits, payments, accounts, ruckof~ings, clai~f'~s a~d demands whatsoever, for or by reason thereof, or any other act, matter, cause or thing whatever, from the beginning of the world to the day of the date of these presents. And I hereby consent and agree that the Orphans' Court of Cumberland County may discharge the said executor and legal counsel as to this share upon application, without further notice to me. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day of~, 200~.'J DANIEL WARWAVESYN (SEAL) STATE OF OHIO · ,'SS ,' On this, the ~ I.~? day of--~a~ll~, 200~ before me, the undersigned officer, personally appeared DANIEL WARWAVESYN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. RELEASE I, DAVID WARWAVESYN, hereby acknowledge that I have this day had and received from DIANE TRACY, executrix, and HAROLD S. IRWIN, III, the legal counsel for the ESTATE OF WILLIAM WARWAVESYN, deceased, the additional sum of Four Hundred Forty-two and 09/100 ($442.09) Dollars in full satisfaction and payment of my share in the estate. AND THEREFORE, I, the said DAVID WARWAVESYN, by these presents remise, release, quit claim, and forever discharge the said executrix and attorney, their heirs, executors and administrators, of and from the said share and of and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever, for or by reason thereof, or any other act, matter, cause or thing whatever, from the beginning of the wodd to the day of the date of these presents. And I hereby consent and agree that the Orphans' Court of Cumberland County may discharge the said executor and legal counsel as to this share upon application, without further notice to me. IN WITNESS WHEREOF, I have hereunto set my hand and seal the ~<~>"~'" day of December, 2003. (~~)~ ~ ~ ~ (SEAL) DAVID WARWAW/ESYN COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND : On this, the day of December, 2003, before me, the undersigned officer, personally appeared DAVID WARWAVESYN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. Notary Public (SEAL)