HomeMy WebLinkAbout03-0661
Register of Wills of CUMBERLAND County, Pennsylvania
PETITION FOR GRANT OF LETTERS
Estate of Mildred g. Wert No. ~,- O~- u tol
also known as M Ild~ l(, U).f.V"f:- ce?-
, Deceased Social Security No. 196-03-7547
Petitioner(s), who islare 18 years of age or older, appJy(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
lTI A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) islare the execut, OR named in the last WiD of
the Decedent, dated November 9, 1999andcodici~s) dated.. February 16,2001
State relevant circumstances, e.g., renunciation, death of executor, etc.
Except as follows, Decedent did not marry, was not divorced, and did not have a chilcl born or adopted after execution of the documents
offered for probate; was not the victim of a killing and was never adjudicated incompetent:
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0 B. Grant of Letters of Administration
(c.t.a.; d.b.n.c.t.a; pendente lite; durante absentia; durante minoritate)
Petitioner(s) after a proper search haslhave ascertained that Decedent left no Will and was survived by the following spouse (if any) and
heirs:
I Name Relationship Residence I
(COMPLETE IN ALL CASES:) Attach additional sheets jf necessary.
Decedent was domiciled at death in Hampden Township, Cumberland County, Pennsylvania with hislher last family
or principal residence at 5,511 Silver Creek Drive, Mechanicsburg, P A 17050
(list street, number, and municipality)
Decedent, then ~years of age, died July 7, 2003 at Holy Spirit Hospital, East Pennsboro Township, Cumberland Co., PA
(Location)
Decedent at death owned property with estimated values as follows: ; ~5 {.wl9
(If domiciled in PAl All personal property $
(If not domiciled in PAl Personal property in Pennsylvania $
(If not domiciled in PAl Personal property in County $
Value of real estate in Pennsylvania $
situated as follows:
Franklin D. Wert, Jr.
645 Sawmill Road
Mechanicsbur , P A 17055-6052
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Prepared by the Pennsylvania Bar Assocliltfon Form RW-1 (1991)
Copyright (c) 1996 form software only CPSysterns, Inc.
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Oath of Personal Representative
Commonwealth of Pennsylvania
County of
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true
and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of
the Decedent. Petitioner(s) will well and truly administer the estate according to law. ~;;;~
Sworn to or affirmed and subscribed Franklin D. Wert, Jr.
before me this'" -*1 day of
G.~~~ 645 Sawmill Road
,~OO3
~~~f"~~ Mechanicsburg, PA 17055-6052
~ . For. the Register
No. ~/-D$ - l/Jibl
Estate of Mildred K. Wert Deceased
Social Security No: 196-03-7547 Date of Death: July 7, 2003
AND NOW, (\ll~LLDt I :1-( c2 C() ?> /' , in consideration
of the Petition on the reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters [!J Testamentary 0 Of Administration
(c.t.a.; d.b.n.c.t.a,; penclente lite; durante absentia; durante minoritate)
are hereby granted to Franklin D. Wert, Jr.
in the above estate and that the instrument(s) dated November 9, 1999 and February 16,2001 ~
described in the Petition be admitted to probate and filed of record as the last Will of Decedent.
FEES
Letters. . . . . . . . . . . $ OJ-tO .00 ~'5'f"\ro.-'-tY\D'ct:n~\:. ~~P'~ll ~\lA~ C\"r.o~ J..CJ'fJ~
' Register of WI s .
Short Certificate(s). . . . . $ /'),00
Renunciation. . . . . . . $ Attorney: Thomas E. Flower, Esquire
Affidavits ( ) $ I.D. No: 83993
Extra Pages ( ) . $ 3q.CO Address: SAIDIS, SHUFF, FLOWER & LIND SA Y
Codicil. . $ /() . 5V 2109 Market Street, Camp Hill, P A 17011
JCP Fee. $ 10.00 Telephone: 717/737-3405
Inventory. $ -tfhcl 8- 12- 2003
$L ~t:o~
Other . . ))"~-ZOO3
TOTAL. . . . . . . , . $ 4-14,50
Prepared by the Pennsylvania Bar AssOCiation CopyrIght (c) 1996 form software only CPSysterns. Inc. Form RW-1 (1991)
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CERTIFICATE OF DEATH
STATE FilE NUMBER
NAME OF DECEDENT (FIrst. fwhdole. LilSI) SEX S0CIAl SECURITY NUMBER
,. Mildred K. Wert ., Female 3.196 - 03 -
uNDER 1 YEAR UNDER 1 DAY BJRTHPlACE (C.ty and PlACE OF DEATH ICt>e<:I< 01'1... 1)(18 ->eemSlrucllOl'lSon OlMl SlOe)
MonIh. ! Cay. Hours ! MM'tut.. Stale Of Fcr8J(]n CoumrYl HOSPITAL
lopa'..", [Xl ERJOu/paI'lInl 0 DOAO
1 7 Scranton Pa ...
. FACilITY NAME (II nOl Inllt'1\JIlon, gIVe streel and numb8r1
. 10. CUrrber land Ie. Fast Pennsboro 14.
DEceDENT'S USUAL OCCUPATION KINO OF 8USINESSIINDUSTRY MARITAL STATUS. Uarried
(Give kand of work done dullng mosI N.ver ....rried. Widowed.
ot WOIking lite; do not use rellfed) Dtvofced (Speclty)
. "Jbusewife 11b. Fl,anklin D. Wert
DECEDENT'S MAJlING ADDRESS (Slreet. CilyfTown. State, Zip Code) DECEDENT'S HaIIpd~
ACTUAL 17.. Slate Oid lwp.
5511 Silver Creek Drive AESlDENCE don""
(See ,nSCructlOtl8 lWeir,.
...~chanicsburg, Pa 17050 on other SIde) CUnberland IOWnship? 17d.O ~:C='=or
17b.Coun city;1)oro
FATHER'S NAME (First Middle, laSS) MOTHER'S NAUe tF'rs!. M"ldlc, Maldell Surname}
...
INFORMANT'S NAME (T ypelPrint 17050
200Franklin D. Wert 2Db.
METHOD OF DISPOSITION PlACE OF DISPOSITION - Nan.e of CemelffY. Cremiltofy lOCATION. CilylTown, Slale, ~ Code
. Bunal ex Cremation D Removallrom Slar. 0 or OChef Place
Othet (Speclfyl 11 2003 Gate of Hl~ven Mechanicsbu ,Pa
21c. 21d.
LICENse NUMBER NAME AND AOOAESS OF FACILITY 1903 Market Street
2>b. 011654 L 22c. Hill Pa 1701
To the buJI 01 my knowledge. death occurred allne lime. dale and plac. stated U N UMBER DATE SIGNED
(Signahlf'! and Tille) (Monlh. Day, Year)
23.. ,3<.
WAS CASE REFEARED TO MEDICAL EXAUINERlCOAONER? No~
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I Approximal. PAATII: OtfMr S9'iftcant CClrIdtIiona cooUibuting to dqlh. but
: interwl tMtIw..n not resutling in the under1ying cauM given in PART I.
, I oIlMI and ~.th
(<.<:;(f'r..:\(, r, {"" lu~ ,
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DUE fJOR" A CONseOUEN!E Ofl ,
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DUE TO lOA AS A CONSE~UENCE Of): I
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DUE TO (OR AS A CONSEOUENCE OF): I
,
,
WEAE AUTOPSY FINDINGS MANNER OF DEATH DATE OF INJURY TIME OF INJURY INJURY AT 'NORK? DESCRIBE HOW INJURY OCCURRED.
AVAILA8lE PRIOR TO (Month Day. Vear)
COUPlE'TIQN OF CAUSE 0 D
OF DEATH? Nalural Homic~ Vas 0 NoD
Accident 0 Pending Invesl!galion D
NO~ Yes 0 No 0 [] o ~CE OF INJURY. At home. tar;,O:;eet. factory. office ... 3oe.
Suicide Could nol be determined
2... 21b. buikling. elC. ISpecllv)
ZO. 300.
CERTIFIER ICheck oniy one) SIGN.IJ
.CERTJFYING PHYSICIAN (PhySICian cerhtVlng cau~e 01 death when anOlhef phySIC,an has Dl'Oflouncea dealh ana compleled Ilem 23) ~.Jlb. {P. (I
Tolh.bntofmyknowt.dge.d..lhoccurred due to Ihe causeCI) and manner a. Ilatect........,. .................... ...........
'PRONOUNCING AND CERTIFYING PHYSICIAN If'h...SIC~n holtl j.JrQnouncmg death and Cer1llylf'1gloCilouse 01 deathl 0
To Ihe belli 0' my knowtadge, death occurred at lha Urn.. data. ..nd placa..and due to Ihe cause(l) and m.anne, aa alated..
. MEDICAL EXAMINER/CDRONER (V, /)
On the bull of examination and/or Investigation. in my opinion. death occurred al theUm., dat., and place. and due 10 the C8use(l) and
manne, a. st.ted.. . . . . .. . . . . . .. . , . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. .. . . . . . . . . . . . . . . .. . . , . . . . . . ". . . . . . . . . . . . . . .. . [] , I (r-c )fj . >,", ~
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REGISTRAR'S SIGNATURE AND ~R
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Wert, Franklin D. Sr; Codicil for Franklin
, .
CODICIL
TO THE LAST WILL AND TESTAMENT
OF
MILDRED S. WERT
I, MILDRED S. WERT, of Camp Hill, Cumberland County, Pennsylvania,
declare this to be the First Codicil to my Last Will and Testament, dated November 9,
1999.
ITEM I: This Codicil to my Will is prepared to adjust the shares of my
residuary estate to take into account an advancement made to our son, DONALD R.
WERT. This advancement and the adjustment described herein should be applicable
whether my spouse predeceases me and my children inherit directly through my estate,
or whether they inherit as residuary beneficiaries under any Trust I have established in
my Will.
Our son, DONALD R. WERT, made certain investments on our behalf
with our funds, but in his name, in 1986 in Fairmont Associates Limited Partnership in
the form of a loan. The loan was converted to stock in Integrated Health Services and
then sold on January 24, 1992. Our initial investment was $25,000.00. However, when
SAlOIS the investment was sold it yielded $69,103.00, for a gain of $44,103.00, on which it is
SHUFF, FLOWER
& LINDSEY
ATfORNEYSoAToLAW estimated that he would have paid tax at 30.8%, or $13,583.74. Consequently, the
26 W. High Street
Carlisle, PA amount that he held at that time on our behalf was $55,519.00. This investment was
commingled in Donald's portfolio with the intent of returning the investment when a
Wert, Franklin D. Sf.; Codicil for Franklin
targeted asset was sold. However, in the meantime, he paid tax on the initial investment
and has reported any earnings in his name from the date of the sale forward.
Rather than reclaim the investment, we gifted it to him. We gifted
$20,000.00 at the end of 1991, and $20,000.00 at the end of January of 1992, and the
remainder in 1993. My spouse and I each gifted one-half of the total gift to him each
year.
Since we have made no such significant gifts to any of our other children,
and in order that disbursement of our final estate be made in an equal fashion among all
of our children, it is our desire to value the advancement by assuming that it would have
increased in value by a rate of 6.5% compounded annually. For the purposes of this
computation, the amount initially to bear interest shall be $55,519.00, and the date from
which it shall be assumed to have increased in value in such fashion will be February 1,
1992. The resulting amount shall be considered to be an advancement, and each of our
children shall received the same amount from either my residuary estate, or from the
residuary of any Trust created under my Will prior to division of the remaining residuary
which shall be paid equally to all of our children, including DONALD R. WERT. We
arrived at the interest rate of 6.5% considering that it is high enough to be fair to our
SAlOIS other children, but significantly lower than Donald would have paid for a commercial
SHUFF, FLOWER business loan. The lower interest rate partially reflects the family nature of this
& LINDSEY
ATIORNEYSoAToLAW
26 W. High Street transaction, and the value of Donald's advice on the investment to us.
Carlisle, PA
2
Wert, Franklin D. Sf: Codicil for Franklin
Although this language also appears in my spouse's Codicil, we do not
want the advancement to be duplicated, but wish for the adjustment to take place only
once.
ITEM II: In all other respects, I hereby ratify, confirm and republish my
Last Will and Testament dated November 9, 1999, together with this First Codicil, as
and for my Last Will.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this/'~
day of [.~d4_o.7- ,2001.
~~/-d-.0' I 2J~
Mildred S. Wert
SIGNED, SEALED, PUBLISHED and
DECLARED in the presence of:
SAlOIS
SHUFF, FLOWER
& LINDSEY
AITORNEYSoAToLAW
26 W. High Street
Carlisle, PA
3
I
Wert, Franklin D. Sf.; Codicil for Franklin
. . ..
COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF CUMBERLAND
I, MILDRED S. WERT, Testatrix, whose name is signed to the attached or
foregoing instrument, having been duly qualified according to law, do hereby
acknowledge that I signed and executed the instrument as a First Codicil to my Last
Will; that I signed it willingly; and that I signed it as my free and voluntary act for the
purposes therein expressed.
Sworn or affirmed to and acknowledged before me, by MILDRED S. WERT, the
Testatrix, this IlQ~ day of dc-~~I , 2001, at
C'cVL t~ , Pennsylvania. J
/r;~~A- 1i ZU~
Mildred S. Wert, estatrix
NOTARIAl.. SEAL
MERl.ENE J. MAAHEVKA. NOTARY PU8UC
SAlOIS " CAAUSl.E, CI.JM8ERI.Nc) COUNTY, PA
, ,~: COMMISSION I!XPIAES JUNE a, 2ID02
SHUFF, FLOWER
& LINDSEY
ATIORNEYSeAToLAW
26 W. High Street
Carlisle, P A
4
Wert, Franklin D. Sr.; Codicil for Franklin
. .
COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF CUMBERLAND
We, James D. Flower, Jr. and Johnna J. Kopecky ,
the 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
Testatrix sign and execute the instrument as a First Codicil to her Last Will; that she
signed willingly and that she 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
Codicil as witnesses; and that to the best of our knowledge the Testatrix was at that time
18 or more years of age, of sound mind and under no constraint or undue influence.
Sworn or affirmed to and subscribed to before me by James D. Flower, Jr.
and Johnna J.Kopecky this -.J loU day of
::ddl\L~) ,2001.
r~~
SAlOIS
SHUFF, FLOWER
& LINDSEY
ATIORNEYS'AT'LAW
26 W. High Street
Carlisle, P A
NOTARIAL lEA&..
MERLENE J. MAAHE\IKA, NOTARY PUBLIC
CAAUSLE. aJU8EIUHD COUNTY, PA
MY OOIoMB8ION EXPIAE8.l1NE e, 2002
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11Iast Jlill aub Ufestattttttf
OF
MILDRED S. WERT
I, MILDRED S. WERT, of Camp Hill, Cumberland County, Pennsylvania, declare
this to be my Last Will and Testament, and revoke any and all Wills and Codicils made by
me.
ITEM I: I direct that all my just debts and funeral expenses, including my grave
marker and all expenses of my last illness, shall be paid from my residuary estate as soon
as practicable after my decease, as a part of the expense of administration of my estate.
ITEM II: I give my household and personal effects and other tangible personal
property of like nature to my husband, FRANKLIN D. WERT, SR., if he survives me,
together with all insurance policies thereon, if any. If my husband, FRANKLIN D. WERT,
SR., does not survive me, I give such property to those of my children who survive me, in
approximately equal shares. In the event of any disagreement among my children with
regard to any such assets, all such disagreements shall be conclusively resolved by my
Co-Executors or Executor.
ITEM III: I give and bequeath the sum of Two Thousand ($2,000.00) Dollars to
GOOD SHEPHERD ROMAN CATHOLIC CHURCH.
ITEM IV: I give and bequeath the sum of One Thousand ($1,000.00) Dollars to
MARIANIST MISSIONS.
ITEM V: I give and bequeath the sum of One Thousand ($1,000.00) Dollars to
OBLATES MISSIONS.
ITEM VI: If my husband, FRANKLIN D. WERT, SR., survives me by thirty (30)
days, I give, devise and bequeath to my Trustee, hereinafter named, to be held IN TRUST,
during the life of my said husband, FRANKLIN D. WERT, SR., a sum equal to the
maximum dollar amount, if any, which can then pass free, of federal estate tax in my estate
by reason of the unified credit against federal estate tax allowable to my estate on the date
of my death (the "credit shelter amount"), reduced by the aggregate of (1) all items
includable in my estate for federal estate tax purposes which either are disposed of in
previous articles of this Will or pass outside of this Will but only if such items do not qualify
for the federal estate tax marital deduction or the federal estate tax charitable deduction,
and (2) the amount of any administration expenses claimed as income tax rather than
estate tax deductions and (3) the amount of any state death taxes payable by my estate.
This Trust shall be referred to and known as my Credit Shelter Trust. The aforementioned
sum shall be held for the following uses and purposes:
A. To pay the income to him in convenient installments, at least quarter-
annually.
B. The Trustee may apply the net income of this Trust for the benefit of
my said husband should he by reason of age or illness be incapable of disbursing it.
C. As much of the principal of this Trust as the Trustee, in its sole and
absolute discretion may from time to time think advisable for the support of my husband
to maintain him in the station of life to which he is accustomed at my death and after taking
into consideration his other readily available assets and sources of income or during illness
or emergency, may be either paid to him or applied directly for him.
2
D. Upon the death of my husband, FRANKLIN D. WERT, SR., the then-
remaining principal and any accumulated or undistributed income shall be distributed as
follows:
1. The sum of Ten Thousand ($10,000.00) Dollars to my sister,
JOAN K. WOODBRIDGE. Should she die prior to receiving this bequest, I direct said sum
to be paid to her children, in equal shares, JOHN WOODBRIDGE, STEVEN/STEPHEN
WOODBRIDGE, MICHAEL WOODBRIDGE, KENNETH WOODBRIDGE, JOANNE
WOODBRIDGE and GREGORY WOODBRIDGE.
2. The balance in equal shares among my six (6) children,
FRANKLIN D. WERT, JR., CAROL M. SMITH, DAVID K. WERT, BARBARA J. HAGUE,
DONALD R. WERT, and DEBORAH K. EMIG, or their issue, per stirpes, provided that if
any beneficiary entitled to distribution shall then be under age twenty-two (22), the share
of such beneficiary shall be held by the Trustee, in further separate Trust, for the following
uses and purposes:
a. If the beneficiary is under age eighteen (18), to expend
and apply so much of the net income (any income not expended or applied to be
accumulated and added to principal) and so much of the principal of each Trust as the
Trustee, after consultation with the guardian of said beneficiary, shall consider advisable
for the support, maintenance and education (including college education, both graduate
and undergraduate).
b. After the beneficiary attains the age of eighteen (18),
thereafter to pay to such beneficiary the net income together with so much of the principal
thereof as Trustee shall consider advisable for the support and education (including college
education, both graduate and undergraduate) of such beneficiary, after taking into
consideration his other readily available assets and sources of income.
c. Up to the entire balance of principal and undistributed
income, of the then-remaining share of such beneficiary shall be distributed to that
beneficiary at or after age twenty-two (22). Distribution at or after this stated age shall be
made only in the event the beneficiary requests such distribution by a writing intended to
take effect during his lifetime, executed by him upon or after attaining age twenty-two (22)
and delivered to my Trustee.
d. If any Trust beneficiary shall die before receiving final
distribution of his entire share, the undistributed balance shall be distributed to the
beneficiary he names specifically in his Will, referring to this Trust. Should said beneficiary
die without a Will provision specifically referring to this Trust, then his share shall be paid
to his heirs at law.
3
e. In the event that any of my children predecease me,
leaving no issue surviving, then whatever gift or bequest would have passed to such child
shall be distributed to my surviving children, or their issue, per stirpes.
E. I direct that my Co-Executors and their successors shall not elect that
this Trust be included in my husband's estate as a part of the marital deduction.
ITEM VII: It is my expectation that my husband shall have established a
revocable Trust appointing my sons, DAVID K. WERT and FRANKLIN D. WERT, JR., as
Trustees, and paying the income to him for life. If such a revocable Trust exists as of the
date of my death, I give, devise and bequeath the rest, residue and remainder of my estate
of every nature and wherever situate to said Trustees, DAVID K. WERT and FRANKLIN
D. WERT, JR., for the benefit, nevertheless of my husband, FRANKLIN D. WERT, SR.
Should he not have established such a Trust, or should he have revoked it prior to the
time this bequest takes effect, I give, devise and bequeath the rest, residue and remainder
of my estate of every nature and wheresoever situate outright to my husband, FRANKLIN
D. WERT, SR.
ITEM VIII: Should my husband, FRANKLIN D. WERT, SR., fail to survive me by
thirty (30) days, I give, devise and bequeath the rest, residue and remainder of my estate
of every nature and wheresoever situate to FRANKLIN D. WERT, JR., CAROL M. SMITH,
DAVID K. WERT, BARBARA J. HAGUE, DONALD R. WERT and DEBRA K. WERT, or
their issues, per stirpes, provided that if any beneficiary entitled to distribution shall then
be under age 22 years, the share of such beneficiary shall be held by the Trustee, in
accordance with the terms set forth in Item VI, D, 2, above.
4
ITEM IX: If my husband, FRANKLIN D. WERT, SR., makes a qualified
disclaimer (as defined in Section 2518 of the Internal Revenue Code, as amended) with
respect to all or any portion of the interest in property given to him under any provision of
my Will, I give such disclaimed property interests to the Trustee of my Credit Shelter Trust,
IN TRUST, for the benefit of my said husband during his lifetime with the balance of the
principal and interest passing in conformity with the terms of Item VI-D-2 hereof.
ITEM X: My Co-Executors, Co-Trustees, and their successors shall have the
following powers in addition to those vested in them by law and by other provisions of my
Will, applicable to all property, whether principal or income, including property held for
minors, exercisable without court approval, and effective until actual distribution of all
property:
A. To borrow money from any person or institution, including my fiduciary
and to mortgage or pledge any or all real or personal property as they in their sole
discretion shall choose, without regard for the dispositive provisions of this
instrument, except that no property passing to the marital deduction share shall be
so mortgaged or pledged.
B. To reasonably compromise claims asserted by or against my estate.
C. To join with my husband in filing a joint income tax return without
requiring him to indemnify my estate against liability for the tax attributable to his
income, and to consent to any gifts made by my husband being treated as having
been made one-half by me for the purpose of federal laws relating to gift tax.
D. To retain any or all of the assets of my estate, real or personal, without
regard to any principle of diversification or risk.
E. To sell at public sale, to exchange, or to lease for any period of time,
any real or personal property and to give option for sales, exchanges, or leases, for
such prices and upon such terms or conditions, as they deem proper.
5
F. To make loans to, to sell to, and to buy property from my or my
husband's executor or administrator or my Trustee. This shall not be construed as
a command to exercise these powers under any circumstances. All sums payable
to the Trust established in Item VI hereof from whatever source shall be utilized for
such loans or to purchase assets from my Co-Executors at final federal estate tax
values.
G. To exercise any law-given option to pay death taxes in installments,
the payment of interest due on such installments to be a charge against principal of
my Credit Shelter Trust.
H. Notwithstanding any power granted expressly or impliedly herein, such
shall be void and of no effect as to the marital gift if such would either eliminate said
gift or reduce it below that elected by my Executor.
ITEM XII: All shares of principal and income hereby given shall be free from
anticipation, assignment, pledge or obligation to the beneficiaries and any of them, and
shall not be subject to any execution, attachment, levy or sequestration or other claims of
the creditors of said beneficiaries or any of them.
ITEM XIII: All federal, state and other death taxes payable because of my death,
with respect to the property passing under this Will and forming my gross estate for tax
purposes, including any interest or penalty imposed in connection with such tax, shall be
paid out of the non-marital residue of my estate, if any. Any such tax, including interest or
penalty imposed, due by virtue of taxable property forming my gross estate, passing under
this Will shall be paid directly from such property and shall not be paid out of the marital
or charitable deduction share of my estate. It is my specific command and intent herein that
no property forming part of the marital or charitable deduction share of my estate be
6
utilized to payor be reduced by any federal estate or Pennsylvania (or other state)
inheritance or estate taxes.
ITEM XIV: I appoint my sons, DAVID K. WERT and FRANKLIN D. WERT, JR.,
to serve as Co-Trustees under this Will. Should either of my sons, DAVID K. WERT and
FRANKLIN D. WERT, JR., fail to qualify or cease to act as Co-Trustees, I appoint my
daughter, DEBORAH K. EMIG, as successor Co-Trustee of this my Last Will and
Testament. Should both of my remaining son and my daughter, DEBORAH K. EMIG, fail
to qualify or cease to act as Trustee, I appoint FIRST UNION NATIONAL BANK, to serve
as successor Trustee under this Will. I direct that a majority of my then-surviving children
shall have the right to remove FIRST UNION NATIONAL BANK as fiduciary and appoint
a successor corporate fiduciary.
ITEM XV: I direct that no Executor, Trustee or their successors serving
hereunder be required to post bond or enter security in any jurisdiction.
ITEM XVI: I appoint my sons, DAVID K. WERT and FRANKLIN
D. WERT, JR., or the survivor of them, as Co-Executors of this my Last Will and
Testament. Should both my Co-Executors, DAVID K. WERT and FRANKLIN D. WERT,
JR., fail to qualify or cease to act as Co-Executors, I appoint my daughter, DEBORAH K.
EMIG, as Executrix of this my Last Will and Testament.
ITEM XVII: As Guardian of any property which passes under or outside of my Will
to a minor and with respect to which I am authorized to appoint a Guardian and have not
7
specifically done so outside of my Will, I appoint my sons, DAVID K. WERT and
FRANKLIN D. WERT, JR., or the survivor of them.
ITEM XVIII: All references herein to the singular or the masculine shall include
the plural or the feminine respectively, where appropriate throughout this my Last Will and
Testament.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
Ii y-t day of IV 1) ~ Iu- ,1999.
I
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,
Mildred S. Wert
SIGNED, SEALED, PUBLISHED and
DECLARED in the presence of:
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8
COMMONWEALTH OF PENNSYLVANIA
: ss
COUNTY OF CUMBERLAND
I, MILDRED S. WERT, Testatrix, whose name is signed to the attached or
foregoing 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 willingly; and that
I signed it as my free and voluntary act for the purposes therein expressed.
Sworn or affirmed to and acknowledged before me, by MILDRED S. WERT,
the Testatrix, this q-t.i\ day Ofl. /~U.,Q -r~ kJ1..A. . ,1999.
I
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Mildred S. Wert, Testatrix
wJ
NOrAFllAL lEAL
MERLENE J. MAfHM(A. NOrNff PUaJC
CARUSl.E. CUI&JI.AND COUNTV, PA
MY COMMISSION EXPIE8.ue I, IDOl
9
.
COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF CUMBERLAND
We, James D. Flower, Jr. and Linda Jumper ,
the 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 Testatrix sign
and execute the instrument as her Last Will; that she signed willingly and that she 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 that time 18 or more years of age, of sound mind and under
no constraint or undue influence.
Sworn or affirmed to and subscribed to before me by James D. Flower, Jr.
and Linda Jumper this --.Q ~ day ~ yy\j:;W"
1999.
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NOTMlALIIAL
MIIJIUNe J. MAAHE\1(A, HDrNft IIt&IC
CAAuU. CUMI&I.AND COUNTY, PA
'. MY COMMISSION !JCPIfI!B JUNI!"IDOI
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REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
CERTIFICATION OF NOTICE UNDER RULE 5.6(a)
Name of Decedent: Mildred S. Wert
Date of Death: July 7, 2003
Will No. 2003-00661 Admin. No. 21-03-0661
To the Register:
I certify that notice of (beneficial interest) estate administration required by Rule 5.6(a) of
the Orphans' Court Rules was served on or mailed to the following beneficiaries of the above-
captioned estate on January 11, 2004.
Name Address
Good Shepherd Roman Catholic Church 3435 Trindle Road, Camp Hill, P A 17011
Marianist Missions, Mount St. John, 4435 East Patterson Road, Dayton, OH 45481-0001
Oblates Missions 323 Oblate Drive, P.O. Box 659432, San Antonio,
TX 78265-9432
Franklin D. Wert, Sr. c/o Franklin D. Wert, Jr., Trustee, 645 Sawmill
Road, Mechanicsburg, P A 17055-6052
Notice has now been given to all persons entitled thereto under Rule 5.6(a) except
none
I [T' C('
Date: t ~ t Cj --- () ~/ j ~L~ C. / ' (f\,l),---c/ ~
Thomas E. Flower, Esquire
SAIDIS, SHUFF, FLOWER & LINDSAY
2109 Market Street
Camp Hill, P A 17011
(717) 737-3405
Capacity: _Personal Representative
-.X Counsel for Personal
Representative
Cumberland County - Register Of Wills
One Courthouse Square
Carlisle, PA 17013
Phone: (717) 240-6345
Date: 6/06/2005
FLOWER THOMAS E
2109 MARKET STREET
CAMP HILL, PA 17011
RE: Estate of WERT MILDRED S
File Number: 2003-00661
Dear Sir/Madam:
It has come to my attention that you have not filed the Status
Report by Personal Representative (Rule 6.12) in the above captioned
estate.
As per the AMENDMENTS TO. SUPREME COURT ORPHANS' COURT RULES, NO.
103 SUPREME COURT RULES DOCKET NO. 1, for decedents dying on or after
July 1, 1992, the personal representative or his counsel, within two
(2) years of the decedent's death, shall file with the Register of
Wills a Status Report of completed or uncompleted administration.
This filing is due by: 7/07/2005
Your prompt attention to this matter will be appreciated.
Thank You.
Sincerely,
~,l~(?A/ ~~/~
GLENDA FARNER STRASBAUGH
REGISTER OF WILLS
cc: File
Personal Representative(s)
Judge
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. .
Register of Wills of Cumberland County
STATUS REPORT UNDER RULE 6.12 .
Name of Decedent: ~. l\ J f'e~ S UJel! c-
Date of Death: 07 /07 / 20&'3,
( f
Estate No.: 260 '3 - ooG(91
Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following
with respect to completion of the administration of the above-captioned estate:
1. State rer administration of the estate is complete:
Yes No .Et
2. If the answer is No, state when the personal representatiye reasonably believes that
the administration will be complete: s.o d1i"..J, A" /) 7 2. I:) 0 )'
, I
3. If the answer to No.1 is Yes,state the following:
a. Did the perso~tative file a :final account with the Court?
Yes 0 No -
b. The separate Orphms' Court No. (if any) for the persona! representative's
account is: .
c. Did the perso~sentative state an account informally to the parties in
interest? Yes No 0
c. Copies of receipts, releases,joinders and approval offormal or informal
accounts may be filed with the Clerk of the Orphans' Court and may be
attached to this report. . ;t;;a~JA.:. )h,t~!J,
Date: o~/ 3D / :1eo S~
;
Si ature
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Name
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Address . /-; P/1 (70 f:)'
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Telephone No. &, 9/ 30'-10
Capacity: ~sonalRepresentative
o Counsel for personal representative crX
Cumberland County - Register Of Wills
One Courthouse Square
Carlislel PA 17013
Phone: (717) 240-6345
Date: 6/22/2007
FLOWER THOMAS E
2109 MARKET STREET
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RE: Estate of WERT MILDRED S
File Number: 2003-00661
Dear Sir/Madam:
This notice is to serve as a reminder that the Status Report by
Personal Representative under Rule 6.12 is due on the below listed
date.
As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES I NO. 103
SUPREME COURT RULES DOCKET NO. 11 for decedents dying on or after
July 1, 19921 the personal representative or his counsell within two
(2) years of the decedent's deathl shall file with the Register of
Wills a Status Report of completed or uncompleted administration.
This filing is due by:
7/07/2007
please feel free to contact this office with any questions you may
have. If you have already filed your Status Report I please disregard
this notice.
SincerelYI
$~~~
Glenda Farner Strasbaugh
Clerk of the Orphans' Court
cc: File
Personal Representative(s)
J
Cumberland County - Register Of Wills
One Courthouse Square
Carlisle, PA 17013
Phone: (717) 240-6345
Date: 6/22/2007
WERT FRANKLIN D JR
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RE: Estate of WERT MILDRED S
File Number: 2003-00661
Dear Sir/Madam:
This notice is to serve as a reminder that the Status Report by
Personal Representative under Rule 6.12 is due on the below listed
date.
As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103
SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after
July 1, 1992, the personal representative or his counsel, within two
(2) years of the decedent's death, shall file with the Register of
Wills a Status Report of completed or uncompleted administration.
This filing is due by:
7/07/2007
Please feel free to contact this office with any questions you may
have. If you have already filed your Status Report, please disregard
this notice.
Sincerely,
/'1. V ,.b-L.__lJ
~~J~~-'
; J/,/
Glenda Farner Strasbaugh
Clerk of the Orphans' Court
cc: File
Counsel
~
Pa. D.C. Rule 6.12 STATUS REPORT
REGISTER OF WILLS OF CUMBERLAND
COUNTY, PENNSYLVANIA
Name of Decedent: MILDRED S. WERT
Date of Death: JULY 7, 2003
File Number: 2003-00661
Pursuant to Pa. O.C. Rule 6.12, I report the following with respect to completion of the administration of
the above-captioned estate:
1. State whether administration of the estate is complete: . . . . . . . . . . . . . . . . . . .. i2I Yes D 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? . . . . . .. DYes i21No
b. The separate Orphans' Court No. (if any) for the personal
representative's account is:
c. Did the personal representative state an account
informally to the parties in interest? ............................... laYes D No
d. 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.
Date 06-28-07
~~
Signature of Person Filing this Form
Capacity: DPersonal Representative Ii2ICounsel
THOMAS E. FLOWER
Name of Person Filing this Form
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Address
2109 MARKET STREET
, ~ : 11 W~ Z - lnr LGDl
CAMP HILL, PA 17011
(717) 737-3405
Telephone
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5056051058
F ~ REV-1500 Excos-o5>
PA Department of Revenue OFFICIAL USE ONLY
Bureau of Individual Taxes County Code Year File Number
INHERITANCE TAX RETURN """"
Po Box 280601 21 03 0661
Harrisburg, PA 17128-0601 RESIDENT DECEDENT
ENTER DECEDENT INFORMATION BELOW
Social Security Number Date of Death Date of Birth
_.
196-03-7547 ' 07/07/2003
Decedent's Last Name Suffix Decedent's First Name MI
FILL IN APPROPRIATE OVALS BELOW
Ctl~ 1. Original Return C 2. Supplemental Return t 3. Remainder Retum (date of death
prior to 12-13-82)
~ 4. Limited Estate C 4a. Future Interest Compromise (date of C3 5. Federal Estate Tax Return Required
death after 12-12-82)
C~3 6. Decedent Died Testate 7. Decedent Maintained a Living Trust _,._~,._ 8. Total Number of Safe Deposit Boxes
(Attach Copy of III) (Attach Copy of Trust)
<"_ 9. Litigation Proceeds Received C~ 10. Spousal Poverty Credit (date of death C:'~ 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 DIRECTED TO:
Name Daytime Telephone Number
THOMAS E. FLOWER (717) 737-3405
............._.... _.........
Firm Name
SAIDIS, FLOWER & LINDSA
First line of address
2109 MARKET ST
Second line of address
_ __ _
City or Post Office
CAMP HILL
Correspondent's a-mail address:
State ZIP Code
PA 17011
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Under penalties of perjury, I deGare that I have examined this return, inGuding 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.
SIGNATU~~ ~SPONSIBLE R FILING RETURN ~ DATE
,~-- ! Z- 03 /G
FRANKLIN D. WERT, JR, 645 SAWMILL RD., MECHANICSBURG, PA 17055
SJI ~RE OF PREP '~j~~ THAN REPRESENTATIVE DATE
/ /A /A i i ~~~y l///~L I - / ?~ I L079-~
SAIDIS, FLOWER & LINDSAY, 2109 MARKET ST., CAMP HILL, PA 17011
PLEASE USE ORIGINAL FORM ONLY
Side 1
15056051058 15056051058
REV-1500 EX
Decedent's Name: MILDRED
15056052059
Decedent's Social Security Number
_.. __ . _
S WERT
196-03-7547
RECAPITULATION
1. Real estate (Schedule A) ............................................. 1.
2. Stocks and Bonds (Schedule B) ....................................... 2. 298,447.00
3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) ..... 3.
4. Mortgages 8 Notes Receivable (Schedule D) ............................. 4.
5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) ........ 5.
6. Jointly Owned Property (Schedule F) i~ Separate Billing Requested ....... 6.
7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property ~ ~'~~~ ~~~~mm~ ~~w~~'~~~~~`~
(Schedule G) t Separate Billing Requested........ 7.
8. Total Gross Assets (total Lines 1-7) .................................... 8. 298,447.00
9. Funeral Expenses 8 Administrative Costs (Schedule H) ..................... 9. ',
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) ................ 10.
11. Total Deductions (total Lines 9 & 10) ................................... 11.
12. Net Value of Estate (Line 8 minus Line 11) .............................. 12. 298,447.00
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which -°-°--~ - --...._. ~.~.... _..____,._.~_~.•.
an election to tax has not been made (Schedule J) ........................ 13. 4,000.00
14. Net Value Subject to Tax (Line 12 minus Line 13) ........................ 14. '; 294,447.00
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 00 294,447.00 '. 15. 0.00 i
16. __.,.._w._.~._____._......___.. ~.__.M ~ _.___,
Amount of Line 14 taxable
at lineal rate X .0 _ 16.
17. Amount of Line 14 taxable ~~~~~ ~~~~~~~~~ ~~~~~~ ~~~~~~ ~~
at sibling rate X .12
___ ___.__.___ ._
~ 17.
18. _
Amount of Line 14 taxable ~ .
at collateral rate X .15 18.
19. TAX DUE ......................................................... 19.
20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
15056052059 Side 2
15056052059
REV-1500 EX Page 3
Decedent's Complete Address:
FI~Number ~ _, ____,
21 03 ' 0661
DECEDENTS NAME DECEDENTS SOCIAL SECURITY NUMBER
MILDRED S WERT 196-03-7547
STREET ADDRESS
645 SAWMILL ROAD
~In' STATE ZIP
MECHANICSBURG PA 17055
Tax Payments and Credits:
1. Tax Due (Page 2 Line 19) (1)
2. Credits/Payments
A. Spousal Poverty Credit
B. Prior Payments
C. Discount
Total Credits (A + B + C) (2)
3. InterestlPenalty if applicable -
D. Interest
E. Penalty
Total InteresUPenalty (D + E) (3)
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)
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5)
A. Enter the interest on the tax due. (5A)
B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5B)
Make Check Payable fo: 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 :.......................................................................................... ^
b. retain the right to designate who shall use the property transferred or its income :............................................ ^
c. retain a reversionary interest; or .......................................................................................................................... ^
d. receive the promise for life of either payments, benefits or care? ...................................................................... ^
2. If death occurred after December 12,1982, did decedent transfer property within one year of death
without receiving adequate consideration? .............................................................................................................. ^
3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? .............. ^
4. Did decedent own an Individual Retirement Account, annuity, or other non•probate property which
contains a beneficiary designation? ........................................................................................................................ ^
0.00
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 p2 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) p2 P.S. §9116(a)(1)j.
The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is twelve (12) percent [72 P.S. §9116(a)(1.3)]. 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.
0.00
0.00
REV•1503 EX+ (6-98)
SCHEDULE B
COMMONWEALTH OF PENNSYLVANIA STOCKS & BONDS
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
MILDRED S. WERT 21-03-0661
All property Jointly-owned with right of survivorship must be disclosed on Schedule F.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
~~ .1770.198 SH. GABELLI FUND @ 16.07 28,447.00
2.; ' WACHOVIA SECURITIES ACCOUNT #86730433 270,000.00
TOTAL (Also enter on line 2, Recapitulation) E , 298,447.00
(If more space is needed, insert additional sheets of the same size)
REV-1513 EX+ (9-00)
SCHEDULE J
COMMONWEALTH Of PENNSYLVANIA BENEFICIARIES
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
MILDRED S. WERT 21-03-0661
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 distritw8ons, and transfers under
Sec. 9116 (a) (1.2)1.....
II
1
ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES t5 THROUGH 18, 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
FRANKLIN D. WERT, SR., 645 SAWMILL RD., MECHANICSBURG, PA 17055 294,447.00
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
1 GOOD SHEPHERD ROMAN CATHOLIC CHURCH, 3435 TRINDLE RD., CAMP HILL, PA 17011 2,000.00
2 MARIANIST MISSIONS , 4436 E. PATTERSON RD., DAYTON, OH 45481 1,000.00
3 OBLATES MISSIONS, 323 OBLATE DRIVE, PO.BOX 659432, SAN ATONIO, TX 78265 1,000.00
TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET ;'`' 298,447.00 ,
(If more space is needed, insert additional sheets of the same size)
'~
~tt~t ~i11 ~n~ C~TPSt~
OF
MILDRED S. WERT
I, MILDRED S. WERT, of Camp Hill, Cumberland County, Pennsylvania, declare
this to be my Last Will and Testament, and revoke any and all Wills and Codicils made by
me.
ITEM I: I direct that all my just debts and funeral expenses, including my grave
marker and all expenses of my last illness, shall be paid from my residuary estate as soon
as practicable after my decease, as a part of the expense of administration of my estate.
ITEM I1: I give my household and personal effects and other tangible personal
property of like nature to my husband, FRANKLIN D. WERT, SR., if he survives me,
together with all insurance policies thereon, if any. If my husband, FRANKLIN D. WERT,
SR., does not survive me, I give such property to those of my children who survive me, in
approximately equal shares. In the event of any disagreement among my children with
regard to any such assets, all such disagreements shall be conclusively resolved by my
Co-Executors or Executor.
ITEM III: I give and bequeath the sum of Two Thousand ($2,000.00) Dollars to
GOOD SHEPHERD ROMAN CATHOLIC CHURCH.
ITEM IV: I give and bequeath the sum of One Thousand ($1,000.00) Dollars to
MARIANIST MISSIONS.
ITEM V: I give and. bequeath the sum of One Thousand ($1,000.00) Dollars to
OBLATES MISSIONS.
ITEM VI: If my husband, FRANKLIN D. WERT, SR., survives me by thirty (30)
days, I give, devise and bequeath to my Trustee, hereinafter named, to be held INTRUST,
during the fife of my said husband, FRANKLIN D.' WERT, SR:, a sum equal to the
maximum dollar amount, if any, which can then pass free of federal estate tax in my estate
by reason of the unified credit against federal estate tax allowable to my estate ~on the date
of my death (the "credit shelter amount"), reduced by the aggregate of (1) all items
includable in my estate for federal estate tax purposes which either are disposed of in
previous articles of this Will or pass outside of this Will but only if such items do not qualify
for the federal estate tax marital deduction or.the federal estate tax charitable deduction,
and (2) the amount of any administration expenses claimed as income tax rather than
estate tax deductions and (3) the amount .of any state death taxes payable by my estate.
This Trust shall be referred to and known as my Credit Shelter Trust. The aforementioned
sum shall be held for the following uses and purposes:
A. To pay the income to him in convenient installments, at least quarter-
annually.
B. The Trustee may apply the net income of this Trust for the benefit of
my said husband should he by reason of age or illness be incapable of disbursing it.
C. As much of the principal of this Trust as the Trustee, in its sole and
absolute discretion may from time to time think advisable for the support of my husband
to maintain him in the station of life to which he is accustomed at my death and after taking
into consideration his other readily available assets and sources of income or during illness
or emergency, may be either paid to him or applied directly for him.
2
D. Upon the death of my husband, FRANKLIN D. WERT, SR., the then-
remaining principal and any accumulated or undistributed income shall be distributed as
follows:
1. The sum of Ten Thousand ($10.,000.00) Dollars to my sister;
JOAN K. WOODBRIDGE. Should she die prior to receiving this bequest, I direct said sum
to be paid to her children, in equal shares, JDHN WOODBRIDGE, STEVEN/STEPHEN
WOODBRfDGE, MICHAEL WOODBRIDGE, KENNETH WOODBFtIDGE, JOANNE
WOODBRIDGE and GREGORY WOODBRIDGE.
2. The balance in equal shares among my six (6) children,
FRANKLIN D. WERT, JR., CAROL M. SMITH, DAVID K. WERT, BARBARA J. HAGUE,
DONALD R. WERT, and DEBORAH K. EMIG, or their issue, per stirpes, provided that if
any beneficiary entitled to distribution shall then be under age twenty-two (22), the share
of such beneficiary shall be held by the Trustee, in further separate Trust, for the following
uses and purposes:
a. ~ If the beneficiary is under age eighteen (18), to expend
and apply so much of the net income (any .income not expended or applied to be
accumulated and added to principal) and so much of the principal of each Trust as the
Trustee, after consultation with the guardian of said beneficiary, shall consider advisable
for the support, maintenance and education (including college education, both graduate
and undergraduate).
b. After the beneficiary attains the age of eighteen (18),
thereafter to pay to such beneficiary the net income together with so much of the principal
thereof as Trustee shall consider advisable for the support and education (including college
education, both graduate and undergraduate) of such beneficiary, after taking into
consideration his other readily available assets and sources of income.
c. Up to the entire balance of principal and undistributed
income, of the then-remaining share of such beneficiary shall be distributed to that
beneficiary at or after agetwenty-two (22). Distribution at or after this stated age shall be
made only in the event the beneficiary requests such distribution by a writing intended to
take effect during his lifetime, executed by him upon or after attaining age twenty-two (22)
and delivered to my Trustee.
d. If any Trust beneficiary shall die before receiving final
distribution of his entire share, the undistributed balance shall be distributed to the
beneficiary he names specifically in his Will, referring to this Trust. Should said beneficiary
die without a Will provision specifically referring to this Trust, then his share shall be paid
to his heirs at law.
e. In the event that any of my children predecease me,
leaving no issue surviving, then whatever gift or bequest would have passed to such child
shall be distributed to my surviving children, or their issue, per stirpes.
E. I direct that my Co-Executors and their successors shall not elect that
this Trust be included in my husband's estate as a part~of the marital deduction.
ITEM VII: It is my expectation that my husband shall have established a
revocable Trust appointing my sons, DAVID K. WERT and FRANKLIN D. WERT, JR., as
Trustees, and paying the income to him for life. If such a revocable Trust exists as of the
date of my death, I give, devise and bequeath the rest, residue and remainder of my estate
of every nature and wherever situate to said Trustees, DAVID K. WERT and FRANKLIN
D. WERT, JR., for the benefit, nevertheless of my husband, FRANKLIN D. WERT, SR.
Should he not have established such a Trust, or should he have revoked it prior to the
time this bequest takes effect, I give, devise and bequeath the rest, residue and remainder
of my estate of every nature and wheresoever situate outright to my husband, FRANKLIN
D. WERT, SR.
ITEM VIII: Should my husband, FRANKLIN D. WERT, SR., fail to survive me by
thirty (30) days, I give, devise and bequeath the rest, residue and remainder of my estate
of every nature and wheresoever situate to FRANKLIN D. WERT, JR., CAROL M. SMITH,
DAVID K. WERT, BARBARA J. HAGUE, DONALD R. WERT and DEBRA K. WERT, or
their issues, per stirpes, provided that if any beneficiary entitled to distribution shall then
be under age 22 years, the share of such beneficiary shall be held by the Trustee, in
accordance with the terms set forth in Item VI, D, 2, above.
4
ITEM IX: If my husband, FRANKLIN- D, WERT, SR., makes a qualified
disclaimer (as defined in Section 2518 of the Internal Revenue Code, as amended) with .
respect to all or any portion of the interest in property given to him under any provision of
my Will, I give such disclaimed property interests to the Trustee of my Credit Shelter Trust,
IN TRUST, for the benefit of my said husband during his lifetime with the balance of the
principal and interest passing in conformity with the terms of Item VI-D-2 hereof.
ITEM X: My Co-Executors, Co-Trustees, and their successors shall have the
following powers in addition to those vested in them by law and by other provisions of my
Will, applicable to all property, whether principal or income, including property held for
minors, exercisable without court approval, and effective until actual distribution of all
property:
A. To borrow money from any person or institution, including my fiduciary
and to mortgage or pledge any or all real or personal property as they in their sole
discretion shall choose, without regard for the dispositive provisions of this
instrument, except that no property passing to the marital deduction share shall be
so mortgaged or pledged.
B.' To reasonably compromise claims asserted by or against my estate:
C. To join with my husband in filing a joint income tax return without
requiring him to indemnify my estate against liability for the tax attributable to his
income, and to consent to any gifts made by my husband being treated as having
been made one-half by me for the purpose of federal laws relating to gift tax.
D. To retain any or all of the assets of my estate, real or personal, without
regard to any principle of diversification or risk.
E. To sell at public sale, to exchange, or to lease for any period of time,
any real or personal property and to give option for sales, exchanges, or leases, for
such prices and upon such terms or conditions, as they deem proper.
F. To make loans to, to sell to, and to buy property from my or my
husband's executor or administrator or my Trustee. This shall not be construed as
a command to exercise these powers under any circumstances. All sums payable
to the Trust established in Item VI hereof from whatever source shall be utilized for
such loans or to purchase assets from my Co-Executors at final federal estate tax
values.
G. To exercise any law-given option to pay death taxes in installments,
the payment of interest due on such installments to be a charge against principal of
my Credit Shelter Trust.
H. Notwithstanding any power granted expressly or impliedly herein, such
shall be void and of no effect as to the marital gift if such would either eliminate said
gift or reduce it below that elected by my Executor.
ITEM XII: All shares of principal and income hereby given shall be free from
anticipation, assignment, pledge or obligation to the beneficiaries and any of them, and
shall not be subject to any execution, attachment, levy or sequestration or other claims of
the creditors of said beneficiaries or~any of them.
ITEM XIII: All federal, state and other death taxes payable because of my death,
with respect to the property passing under this Will and forming my gross estate for tax
purposes, including any interest or penalty imposed in connection with such tax, shall be
paid out of the non-marital residue of my estate, if any. Any such tax, including interest or
penalty imposed, due by virtue of taxable property forming my gross estate, passing under
this Will shall be paid directly from such property and shall not be paid out of the marital
or charitable deduction share of my estate. It is my specific command and intent herein that
no property forming part of the marital or charitable deduction share of my estate be
utilized to pay or be reduced by any federal estate or Pennsylvania (or other state)
inheritance or estate taxes.
ITEM XIV: I appoint my sons, DAVID K. WERT and FRANKLIN D. WERT, JR.,
to serve as Co-Trustees under this Will. Should either of my sons, DAVID K. WERT and
FRANKLIN D. WERT, JR., fail to qualify or cease to act as Co-Trustees, I appoint my
daughter, DEBORAH K. EMIG, as successor Co-Trustee of this my Last Will and
Testament. Should both of my remaining son and my daughter, DEBORAH K. EMIG, fail
to qualify or cease to act as Trustee, I appoint FIRST UNION NATIONAL BANK, to serve
as successor Trustee under this Will. I direct that a majority of my then-surviving children
shall have the right to remove FIRST UNION NATIONAL BANK as fiduciary and appoint
a successor corporate fduciary.
ITEM XV: I direct that no Executor, Trustee or their successors serving
hereunder be required to post bond or enter security in any jurisdiction.
ITEM XVI: I appoint my sons, DAVID K. WERT and FRANKLIN
D. WERT, JR., or the survivor of them, as Co-Executors of this my Last Will and
Testament. Should both my Co-Executors, DAVID K. WERT and FRANKLIN D. WERT,
JR., fail to qualify or cease to act as Co-Executors, I appoint my daughter, DEBORAH K.
EMIG, as Executrix of this my Last Will and Testament.
ITEM XVII: As Guardian of any property which passes under or outside of my Will
to a minor and with respect to which I am authorized to appoint a Guardian and have not
7
specifically done so outside of my Will, I appoint my sons, DAVID K. WERT and
FRANKLIN D. WERT, JR., or the survivor of them.
ITEM XVII1: All references herein to the singular or the masculine shall include
the plural or the feminine respectively, where appropriate throughout this my Last Will and
Testament.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
_day of ~ !~ H.~ilk (~.~ , 1999.
~~ `
--, Mildred S. Wert
SIGNED, SEALED, PUBLISHED and
DECLARED in the presence of:
-~
~~
8
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss
I, MILDRED S. WERT, Testatrix, whose name is signed to the attached or
foregoing 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 willingly; and that
I signed it as my free and voluntary act for the purposes therein expressed.
Sworn or affirmed to and acknowledged before me, by MILDRED S. WERT,
the Testatrix, this ~ day of
1999.
Mildred S. Wert, Testatrix
Public
NO~TARIAL8EAt.
MERLENE J. MARNEVKA, NOrrARY PUBLIC
CARLISLE, CUMBERLAND COUNT1f, PA
MY COMMISSION EXPIREB JUNE 8.8002
9
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss
We, James D. Flower. Jr. and .Linda Jumper ,
the 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 Testatritc sign
and execute the instrument as her Last Will; that she signed willingly and that she executed
it as her free and voluntary act for th.e 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 that time 18 or more years of age, of sound mind and under
no constraint or undue influence.
Sworn or affirmed to and subscribed to befo~rey~me by James D. Flowex, Jr.
and Linda Jumper this `~-~ day
1999.
blic
NO~TAIEl11. SEAL
MISRLWVE J. MA~VKA, NC?ARYPU®UC
CARLISLE, CUMBERLAND COUNTY. PA
MY CCMMl8810N EXPIRES JUNE s. SD02
10
Wit ss
Wert, Franklin D. Sr; Codicil for Frank
CODICIL
TO THE LAST WILL AND TESTAMENT
OF
MILDRED S. WERT
I, MILDRED S. WERT, of Camp Hill, Cumberland County, Pennsylvania,
declare this to be the First Codicil to my Last Will and Testament, dated November 9,
1999.
ITEM I: This Codicil to my Will is prepared to adjust the shares of my
residuary estate to take into account an advancement made to our son, DONALD R.
WERT. This advancement and the adjustment described herein should be applicable
whether my spouse predeceases me and my children inherit directly through my estate,
or whether they inherit as residuary beneficiaries under any Trust I have established in
my Will.
Our son, DONALD R. WERT, made certain investments on our behalf
SAIDIS
CHUFF, FLOWER
& LINDSEY
ATTORNEYS•AT•LAW
26 W. High Street
Carlisle, PA
with our funds, but in his name, in 1986 in Fairmont Associates Limited Partnership in
the form of a loan. The loan was converted to stock in Integrated Health Services and
then sold on January 24, 1992. Our initial investment was $25,000.00. However, when
the investment was sold it yielded $69,103.00, for a gain of $44,103.00, on which it is
estimated that he would have paid tax at 30.8%, or $13,583.74. Consequently, the
amount that he held at that time on our behalf was $55,519.00. This investment was
commingled in Donald's portfolio with the intent of returning the investment when a
Wert, Franklin D. Sr.; Codicil for Frai
targeted asset was sold. However, in the meantime, he paid tax on the initial investment
and has reported any earnings in his name from the date of the sale forward.
Rather than reclaim the investment, we gifted it to him. We gifted
$20,000.00 at the end of 1991, and $20,000.00 at the end of January of 1992, and the
remainder in 1993. My spouse and I each gifted one-half of the total gift to him each
year.
Since we have made no such significant gifts to any of our other children,
SAIDIS
iHUFF, FLOWER
& LINDSEY
ATT°RNEYS•AT•LAW
2G W. High Street
Carlisle, PA
and in order that disbursement of our final estate be made in an equal fashion among all
of our children, it is our desire to value the advancement by assuming that it would have
increased in value by a rate of 6.5% compounded annually. For the purposes of this
computation, the amount initially to bear interest shall be $55,519.00, and the date from
which it shall be assumed to have increased in value in such fashion will be February 1,
1992. The resulting amount shall be considered to be an advancement, and each of our
children shall received the same amount from either my residuary estate, or from the
residuary of any Trust created under my Will prior to division of the remaining residuary
which shall be paid equally to all of our children, including DONALD R. WERT. We
arrived at the interest rate of 6.5% considering that it is high enough to be fair to our
other children, but significantly lower than Donald would have paid for a commercial
business loan. The lower interest rate partially reflects the family nature of this
transaction, and the value of Donald's advice on the investment to us.
2
Wert, Franklin D. Sr.; Codicil forFrai
Although this language also appears in my spouse's Codicil, we do not
want the advancement to be duplicated, but wish for the adjustment to take place only
once.
ITEM II: In all other respects, I hereby ratify, confirm and republish my
Last Will and Testament dated November 9, 1999, together with this First Codicil, as
and for my Last Will.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~~
day of ~",~~A~~~-° -~ , 2001.
~~-
~ Mildred S. Wert
SIGNED, SEALED, PUBLISHED and
DECLARED in the presence of:
SAIDIS
SHUFF, FLOWER
& LINDSEY
A7TORNEYS•AT•IAW
2G W. High Street
Carlisle, PA
3
/,/
Wert, Franklin D. Sr.; Codicil forFre
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss
I, MILDRED S. WERT, Testatrix, whose name is signed to the attached or
foregoing instrument, having been duly qualified according to law, do hereby
acknowledge that I signed and executed the instrument as a First Codicil to my Last
Will; that I signed it willingly; and that I signed it as my free and voluntary act for the
purposes therein expressed.
Sworn or affirmed to and acknowledged before me, by MILDRED S. WERT, the
Testatrix, this _~ ~ day of ~~~. h.~ , 2001, at
~~ ~,,,~ ,Pennsylvania.
Y
Mildred S. Wert, estatrix
se..-~ ~ e
NotarX~' ublic
SAIDIS
SHUFF, FLOWER
& LINDSEY
ATTORNEYS•AT•LAW
2G W. High Street
Carlisle, PA
NOTARIAL SEAL
~ MERLENE J. Cv1AgpIEVK/` NOTARY PU81JC
GiRU81E. CUti1BEF1lANp COUNTY, PA
~` MY fSgION EXPIRES JUNE B, 2002
4
Wirt, Franklin D. Sr.; Codicil for Fla
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
We James D. Flower, Jr.
ss
and Johnna J. Kopecky
the 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
Testatrix sign and execute the instrument as a First Codicil to her Last Will; that she
signed willingly and that she 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
Codicil as witnesses; and that to the best of our knowledge the Testatrix was at that time
18 or more years of age, of sound mind and under no constraint or undue influence.
Sworn or affirmed to and subscribed to before me by James D. Flower, Jr.
and ~~ J~~o((h~nna J. Kopecky this day of
~~~KL L_ , 2001.
fitness
SAIDIS
iHUFF, FLOWER
& LINDSEY
ATTORNEYS•AT•LAW
2G W. High Street
Carlisle, PA
~~
Notaru,~"ilblis
NOTARIAL BEAL
MERLENE J. MARHEVKA, NOTARY PUBLIC
CARUSIJ:, CUMBERLAND COUNTY, PA
MY COMM118810N EXPIRES JUNE 8, 2002
5
'~
LAW OFFICES
JOHN E. sLIxE
ROBERT C. SAIDIS
JAMES D. FLOWER JR
CAROL J. LINDSAY
JOHN B. LAMPI
DANIEL L. SULLIVAN
ALBERT H. MASLAND
DEAN E. REYNOSA
THOMAS E. FLOWER
MARYLOU MATAS
JASON E. KELSO
SAIDIS, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
2109 MARKET STREET
CAMP HILL, PENNSYLVANIA 17011
TELEPHONE: (717) 737-3405 -FACSIMILE: (717) 737-3407
EMAIL: tflower®sfl-law.com
www.sfl-law.com
December 4, 2009
Cumberland County
Register of Wills and Clerk of Orphans' Court
1st Floor, Room 102
1 Courthouse Square
Carlisle, PA 17013
Re: Estate of Mildred Wert, deceased
File No. 2003-00661
Dear Register of Wills:
~~
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Please find enclosed the Inheritance Tax Return for the above-referenced estate, as well
as the filing fee of $15.00.
Please contact our office should you have any questions.
Very truly yours,
SAIDIS, FLOWER & LINDSAY
Yv nne M. Sersch, Asslstant to
mas E. Flower, Esquire
CARLISLE OFFICE:
26 WEST HIGH STREET
CARLISLE, PA 17013
TELEPHONE: (717)243-6222
FACSIMILE: (717)243-6486
REPLY TO CAMP HILL
:yms
enclosures
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NOTICE OF INHERITANCE TAX
~, ~(-"~~~ E'I~T, ALLOWANCE OR DISALLOWANCE
BUREAU OF INDIVIDUAL TAXES f ~ i.,: ,/ ~„
INHERITANCE TAX DIVISION ., ,:.17F' ~ ~`f'IONS AND ASSESSMENT OF TAX
PO BOX 280601 r<, LI„ w ~ ~,~~' ~ ~`iL:. ~,
HARRISBURG PA 17128-0601 ~`'~
~Q! 0 MkY 11 P~ 2~ ~2
~~~~~ ~~
Q~~~~~ ~~~~~
THOMAS E FLOWEI~;(~~,~~~1~'_,~~;~~ ~;~_~„ P~
SAIDIS FLOWER 8~ LINDSAY
2109 MARKET ST
CAMP HILL PA 17011
pennsylvan~a ~
DEPARTMENT OF REVENUE
REV-1547 EX AFP C12-09)
DATE 05-10-2010
ESTATE OF WERT MILDRED S
DATE OF DEATH 07-07-2003
FILE NUMBER 21 03-0661
COUNTY CUMBERLAND
ACN 101
APPEAL DATE: 07-09-2010
(See reverse side under Objections)
Amount Remitted
MAKE CHECK PAYABLE AND REMIT PAYMENT T0:
REGISTER OF WILLS
1 COURTHOUSE SQUARE
CARLISLE PA 17013
CUT-ALONG-THIS-LINE-- ~ RETAIN-LOWER-PORTION-FOR YOUR RECORDS-
--- ----- ---- ---- --------------- ----- ------- ---------------- ~ -
----- -----------------
REV-1547 EX AFP C12-09) NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ESTATE OF: WERT MILDRED SFILE N0.:21 03-0661 ACN: 101 DATE: 05-10-2010
TAX RETURN WAS: CX) ACCEPTED AS FILED C ) CHANGED
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Real Estate (Schedule A) C1) •0 0 NOTE: To ensure proper
2. Stocks and Bonds (Schedule B) C2) 298,447.00 credit to your account,
3 Closely Held Stock/Partnership Interest (Schedule C) C3) .0 0 submit the upper portion
. of this form with your
4. Mortgages/Notes Receivable (Schedule D) C4) •0 0 tax payment.
5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) C5) .0 0
6. Jointly Owned Property (Schedule F) (6) .0 0
7. Transfers (Schedule G) (7) .0 0
8. Total Assets C8) 298 , 447.00
APPROV ED DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) C9) .0 0
10. Debts/Mortgage Liabilities/Liens (Schedule I) C10) .0 0
11. Total Deductions C11) .0 0
12. Net Value of Tax Return C12) 298,447.00
13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J) C13) 4,0 0 0.0 0
14. Net Value of Estate Subject to Tax (14) 294,447.00
NOTE: If an assessment was issued previously, lines 14, 15 and/or 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 C15) 294,447.00 X 00 = .00
16. Amount of Line 14 taxable at Lineal/Class A rate C16) .0 0 x 0 4 5 = .0 0
17. Amount of Line 14 at Sibling rate C17) .00 X 12 = .00
18. Amount of Line 14 taxable at Collateral/Class B rate C18) .0 0 X 15 = .0 0
19. Principal Tax Due C19)= .0 0
TAX CREDITS:
PAYMENT
DATE RECEIPT
NUMBER DISCOUNT C+)
INTEREST/PEN PAID C-)
AMOUNT PAID
TOTAL TAX PAYMENT .00
BALANCE OF TAX UE .00
INTEREST AND PEN. .00
TOTAL DUE .00
* IF PAID AFTER DATE INDICATED, SEE REVERSE IF TOTAL DUE IS REFLECTED AS A "CREDIT" CCR), YOU MAY BE DUE
FOR CALCULATION OF ADDITIONAL INTEREST. A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS. (~