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HomeMy WebLinkAbout01-0549 PETITION FOR PROBATE & GRANT OF LETTERS Estate of ELIZABETH A. EATER also known as Social Security No. , deceased. No. 21-01- S 'I Cf To: Register of Wills for the County of Cumberland Commonwealth of Pennsylvania 162-36-9735 The Petition of the undersigned respectfully represents that: Your Petitioners, who is/are 18 years of age or older and the Executrix named in the Last Will of the above decedent dated March 15 , 1996, and codicils dated none, 19------.:. The Executor named none died Renunciations for none attached hereto. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or principal residence at 5263 East Trindle Road, Hampden Township Decedent, then ~ years of age, died April 29, 2001, at 5263 East Trindle Road, Mechanicsburq, PA 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 i ncom petent: 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 PA (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania, situated as follows: 993 Pine Road, Mt. Holly Sprinqs, Dickinson Township, Cumberland County $1,000.00 $ $ $350,000.00 WHEREFORE, Petitioners respectfully requests the probate of the Last Will and Codicil(s) presented herewith and the grant of letters testamentary thereon. Signature(s) and Residence(s) of Petitioner(s): I1tJ,-/)arv,"- C +:QAF'ti Lc) Barbara E. Fetrow 5263 East Trindle Road Mechanicsburq, PA 17055 717-766-3613 OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND 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 of the above decedent, petltioner{s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before me this 2i' -eIt..I day of June ,2001. ""ryx!JUd(i, (~.a~ JOtL(I. Q . ~j;-;..LJ/~P.~ I Register' () cl3C1r6atY,-C. k:fr-c?c{) Barbara E. Fetrow /{,-).J6--il No. 21-01- 549 Estate of ELIZABETH A. EATER , deceased. DECREE OF PROBATE & GRANT OF LETTERS AND NOW, June 11, , 2001, in consideration of the Petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated March 15, 1996 described therein be admitted to probate and filed of record as the Last Will of Elizabeth A. Eater; and Letters Testamentary are hereby granted to Barbara E. Fetrow ~t'. t4//~ K:o~ .t?{j-..~??~)J~.dLt- egister of Wills FEES Probate, Letters, Etc. . . . . . . . $ 305.00 Short Certificates(-2- ) . . . . $ 6.00 Renunciation(s) ........... $ JCP ......... . . . . . . . . . . . $ 5.00 Other Will Paqes (-2-) .... $ 6.00 TOTAL: .... $ 322.00 Filed. . ...r~~. P... .2.o.q~ . . . . . . . . . . . 60 West Pomfret St., Carlisle, PA 17013 ADDRESS 717 -249-2353 PHONE CALLED ATTORNEY JUNE 11, 2001 .' ..' 21-01-549 LAST WILL AND TESTAMENT I, ELIZABETH A. EATER, of the Borough of New Cumberland, Cumberland County, Pennsylvania, declare this to be my Last Will and Testament, hereby expressly revoking all Wills and Codicils heretofore made by me. 1. I direct my executrix to pay all of my debts, funeral and administrative expenses as soon as may be done conveniently after my decease. 2. I authorize and empower my executrix to sell any realty owned by me at my death and not specifically devised herein, at either public or private sale, and to give good and sufficient deeds therefor, in fee simple, as I could do if living. 3. I give, devise and bequeath all of my estate of every nature and wherever situate to my daughter, Barbara E. Fetrow, and if she is not living at the time of my death, to her two children, share and share alike. 4. I nominate and appoint Barbara E. Fetrow to be the executrix of this my Last Will and Testament; she is to serve as such without bond. Should she die before my death, renounce or refuse or be unable to serve for any reason, I nominate and appoint Mary Ann Fetrow and Vance E. Fetrow, as substitute executors, also to serve as such without bond, with the same powers as are given herein to my executrix, and also to serve as such without bond. 5. I hereby suggest that my personal representatives retain the servIces of Irwin, .' McKnight & Hughes, as attorneys in the settlement of my estate. "- IN WITNESS WHEREOF, I have hereunto set my hand and seal this I f day of March, 1996. ~;/d>f' Q L/'1SEAL) EL ABETH A. EATER . Signed, sealed, published and declared by ELIZABETH A. EATER, the testatrix above named, as and for her Last Will and Testament, in the presence of us, who at her request, in her presence and in the presence of each other have subscribed our names as witnesses hereto. 2 ACKNOWLEDGMENT AND AFFIDA VIT WE, ELIZABETH A. EATER, TERESA M. HENRY and CHERYL L. CLELAND, the testatrix and witnesses respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testatrix signed and executed the instrument as her Last Will and that she had signed willingly, and that she executed it as her free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the testatrix, signed the Will as a witness and that to the best of their knowledge the testatrix was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: Subscribed, sworn to and acknowledged before me by ELIZABETH A. EATER, the testatrix herein and subscribed and sworn to before me by TERESA M. HENRY and CHERYL L. CLELAND, witnesses, this ,," day of March, 1996. ( /l/~tary1~bl;:L- I f , l Seal Roaer B. !!win, NolaryP\do~ CMIlil Boro, CItnbel1and My COmmIlIsIon expres Oct. 3, 1 ~~, .-' 'r- / /' CERTIFICATION OF NOTICE UNDER RULE 5.6(a) Name of Decedent: ELIZABETH A. EATER Date of Death: APRIL 29.2001 Estate No.: 21-01-0549 To the Register: I certify that notice of the beneficial interest required by Rule 5.6(a) of the Orphan's Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate on June 27.2001 Name Address Barbara E. Fetrow 5263 East Trindle Road. Mechanicsburg, P A 17055 Notice has now been given to all persons entitled thereto under Rule 5.6(a) except none. Signature 7J.~ Date: 06/27/01 IRWIN, Mc T & HUGHES Name Roger B. Irwin. Esauire Address 60 West Pomfret Street Carlisle. PAl 70 \3 Telephone (717) 249-2353 Capacity: Personal Representative x Counsel for Personal Representative Jnventory of the real and personal estate of ELIZABETH A. EATER deceased /f e/ 993 PINE SCHOOL ROAD, DICKINSON TOWNSHIP, M.T. HOLLY SPRINGS, CUMBERLAND COUNTY $350,000 00 ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND L J ss: Barbara E. Fetrow being duly sworn Executrix according to law, deposes and says that she i ~ t:hp- of the Estate of Elizabeth A. Eater late of -.!'a1l!P.~el!__'!'~~f!.hj.Eu_ ------- , Cumberland County, Pa., deceased and that the within is an inventory made by her, the said Executrix of the entire estate of said decedent, consisting of all the personal propl!rty and real estate, except real estate outside the Commonwealth of Pennsylvania, and that the figures opposite each item of the Inventory represent it's fair value as of the date of decedent's death. 2002 '73or{)C[r'-cc C. W~) 4.) Executor . Administrator 5263 East Trindle Road Kechanicsburg, PA 17055 Address Date of Death 29th Day April Month 2001 Year INSTRUCTIONS ,. An inventory must be filed within three months after appointment of personal representative. 2. A supplement inventory must be filed within thirty days of discovery of additional assets. 3. Additional sheets may be aHached as to personalty or realty 4. See Article IV. Fiduciaries Act of 1949. QJ >- ""tI 1-1 tr.l Gl .,.,j ~ .... w ~ ... 6- >- a::: .... 'll ~ W -< ~ IV en )i~ -d' ~ Q.. .... U Cl ~ 0 IV In 0 V) C t7l 0 W a::: w III " :g~ I ...... J: Q.. . E-t Q.. = .... -I LL <I .. "'"" Z 0 'll .,.,j OE-t 0 LL -I -< = Q.. e =fS I W 0 -< w ~' QJ .;.. "'"" > Z a::: "t:l ... H -<H N ~ c ~ Z 0 c ~ SI :s . 0 V) Z 0 I=Q ~ a::: 0( U - Z W H I ""tI 1-1 Q.. ~ QJ IZi c 'll bO i .... -.: ~ 0 Q) ~ ""tI ...w H IV E ...!! 0 ... ::s 0 'll U u: CD ...J c REV.1500 ex + (6~OOl OFFICIAL USE ONLY CAPB HpRL EplO CRAC KoTK ES C P o 0 R N R 0 E E S N T C o M P T U A T X A T I o N REV-1500 INHERITANCE TAX RETURN RESIDENT DECEDENT I (p -;J,35 - II FILE NUMBER o E C E o E N T COMMONWEALTH OF PENNSYL.VANIA OEPARTMENT OF REVENUE DEPT. 280601 HARRISBURG, PA 17128-0601 DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL) Eater Elizabeth A. DATE OF DEATH (MM-DD-YEAR) 162-36-9735 THIS RETURN MUST BE FILED IN OUPUCATE WITH THE 21-01-0549 CQUNTYCODE YEAR NUMBER SOCIAL SECURITY NUMBER REGISTER OF WILLS SOCIAL SECURrTYNUMBER X 1. Original Return 4. Limited Estate X 6. Decedent Died Testate 3. Remainder Return ~f~trg~i:{~-82) 5. Federal Estate Tax Return Requited 8. iotal Number 01 Safe Deposit Boxes (Attach copy of Will) o 9. Litigation Proceeds Received 2. Supplemental Return 4a. Future Interest Compromise (date of death after 12~ 1Z~82) 7. Decedent Maintained a Living Trust (Attach copy of Trust) 010. Spousal Pov~rty Cfedit 0 11. Election to tax under Sec. 9113(A} (date of death between 1Z~31-91 and 1~ 1-95) (Attach Sch 0) , THIS SECnoHMUST;BE;~LEI'l5D:.\AU:,'COIl~E1!ICE'.~CON"\DElII:tIAL TAX INFORMATlO~SHOUl-DlIE DIIlECTED'rO: NAME COMPLETE MAILING ADDRESS Ro er B. Irwin Es . FIRM NAME (If Applicable) IRWIN McKNIGHT & HUGHES TELEPHONE NUMBER 60 West Pomfret Street West Pomfret Professional Bldg. Carlisle, PA 17013 R E C A P I T U L A T I o N 1 249-2353 1. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule S) 3. Closely Held Corporation, Partnership or Sole-Proprietorship 4. Mortgages & Notes Receivable (Schedule D) S. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) o Separate Billing Requested 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7) (Schedule G or L) 8. Total Gross Assets (total Lines 1-7) 9. Funeral Expenses & Administrative Costs (Schedule H) (9) 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule!) (10) 11. Total Deductions (total Lines 9 & 10) 12. Net Value of Estate (Line 8 minus Line 11) 13. Charitable and Governmental8equests/Sec 9113 Trusts for which an election to tax has not been made (Schedule J) 14. Net Value Subject to Tax (Line 12 minus Line 13) (8) 385,450.55 (11) 26,418.51 (12) 359,032.04 (13) (14) 359,032.04 (1) (2) (3) 350,000.00 None None OFFICIAL USE ONLY (4) (5) None None (6) 994.58 34,455.97 26,418.51 None SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116(a){1.2) 16. Amount of Line 14 taxable at lineal rate 17. Amount of Line 14 taxable at sibling rate 18. Amount of Line 14 taxable at collateral rate 19. Tax Due 20. x o 0 (15) 359,032.04 X 045 (16) X 12 (17) X .15 (18) (19) 0.00 16,156.44 0.00 0.00 16,156.44 REFUHll Of' AN. Q~RPAYME1!IT IONS ON REVERSE SIDE AND TO RECHECK MATH < < Copyright (c}2000 form software only The Lackner Group, Inc. Form REV...1500 EX (Rev, 6~OO) Decedent's Complete Address: STREET ADDRESS 5263 East Trind1e Road , CITY I STATE I ZIP Mechanicsburg PA 17055 Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit B. PriQr Payments C. Discount (1) 16.156.44 0.00 807.82 Total Credits ( A + B + C) (2) 807.82 3. Interest/Penalty if applicable D. lnterest E. Penalty 0.JO Tota) Interest/PenaJty ( 0 + E i (3) 4. If Line 2 is greater than line 1 + Line 3. enter the difference. This is the OVERPAYMENT. Check box on Page 1 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. (SA) B. Enter the rotal of Line 5 + SA. This is the BALANCE DUE. (58) Make Cheek Payable to: REGISTER OF WillS, AGENT 2. 'JJ ~5.348.62 0.00 2.5.348.62 :::-:i:;-Y:i!H:,!':Uiu:i,--::\:-n:H.:::(",):Ur!,:i:,,<.::::':'"::':':::,:::".::.,;,:\:,::: ,,"', "',.,",',",'." ''''..'..,::'::::;:::':..:,..:', PI..EASEANSWER '1'HEFol..l..owlNGGUESTIONSBY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: 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 proml'se for life of either payments, benefits or care? Z. tf death occurred after December 12. 1982. did decedent transfer property within one year of death without receiving ac:equate consideration? 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? 4. Did deceoent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FilE IT AS PART OF THE RETURN. Yes No IXI r-xi ~ tfj Ii ri h LJ !Xi n '--, LJ [Z] o [Z] SIGNATURE OF PERSON RESPONSI8LE FOR FILING RE:TURN Under penalties of perjury, I declare that I have examined this return. including accompanying schedules and statements. and to the best of my knowiecge and belief. it is trl'e. correct and complete. Oeclaration of preparer other than the personal representative is based on aU information of which preparer has any knowledge. o,o{,:)erlYu 0 It) SIGNATURE OF PREPARER OTHER THAN REPRESENTATIVE Barbara E. Fetrow 5263 East Trindle u -Me~ha:nic-a:b~;'- -;- PA - -ii6ss- - - - - -- - - - - - - - - - - - - -- IRWIN McKNIGHT & HUGHES 60 West Pomfret Street - - -Ca;'-iisi,,;: - PA - -i '7613- - - - - - - - - - - - - - - - - - - - - - - - - -- '3.~ DATE ~!"I,n ::lATE 7!.~ IVI For dates of de or after July 1, 1994 and before January 1, 1995. the tax rate imposed on the net value of transfers to or for rhe use of tne surviving spouse is 3% [72 P.S. 9116 (a) (1.1) (i)j. Fer dates of death on or after Januarj1, 1995. the tax rate imposed on the net value of transf€'rs 10 or for the use of the survivinc soouse is 00/0 [72 P.S. 9116 (a) (1.1) (jill. The statute does not exemPt a transfer to a surviving spouse from tax, and the statutory requirement; jar disc~osure 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 c/ a natural parent. an adoptive parent, or a stepparent of the child is 0% [72 P.S. 9116 (a) (1.2)]. The tax rate imposed on the net value at transfers to or for the use of the decedent's lineal beneficiaries is 4,50/0. except as noted In 72 P.$. 9116( 1.21 [72 P.S. 9116(a, 1 I]. The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% [72 P.S. 9116(a)( 1.3)] A sii:Jiing is defined. under Section 9102. as an individual who has at least one parent in common with the decedent, whether by blood or adoption. Copyright (c!2000 form software only The Lackner Croup, Inc. Fcrm REV-1S00 EX (Rev. 6-COI AEV~ 1502 EX + (1-97) COMMONWEALTH OF PENNSYLVANIA INHERlTANCETAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Elizabeth A. Eater SS# 162-36-9735 04/29/2001 21-01-0549 All real property owned solely or as a tenant in common must be reported at fair market value. Fair market value is defined as the price at which property would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both having reasonable knowledae of the relevant facts. Real property which is jointly-owned with riGht of survivorship must be disclosed on Schedule F. ITEM VALUE AT DATE DESCRIPTION NUMBER OF DEATH I 993 Pine School Road, Dickinson Township, Mt. Holly - Cumberland 350,000.00 County (agreement of sale attached) SCHEDULE A REAL ESTATE TOTAL (Also enter on line 1, Recapitulation) $ 350,000.00 (If more space is needed, insert additional sheets of the same size) Copyright (c) 1996 form software only CPSystems,lnc. Form REV-1502 EX (Rev. 1-97) REV-1S09 EX ...(1.97) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Elizabeth A. Eater SCHEDULE F JOINTL V-OWNED PROPERTY SS{/ 162-36-9735 04/29/2001 FILE NUMBER 21-01-0549 If an asset was made joint within one year of the decedent's date of death. it must be reported on Schedule G. A. SURVIVING JOINT TENANT(SI NAME Barbara E. Fetrow ADDRESS 5263 E. Trindle Rd. Mechanicsburg, PA 17055 RELATIONSHIP TO DECEDENT daughter B. c. JOINTLY-OWNED PROPERTY, LETTER DATE DESCRIPTION OF PROPERTY % OF DATE OF DEATH ITEM FOR JOINT MADE Include name of final1Cial institution and bank DATE OF DEATH DECO'S VALUE OF account numbe( or simila( identiiying number. NUMBER TENANT JOINT Attach deed for jointly- held real estate. VALUE OF ASSET INTEREST DECEDENT'S INTEREST 1 A 04/01/65 PNC Bank NA - checking 1,989.15 50 . 0070 994.58 account TOTAL (Also enter on line 6, Recapitulation) $ 994.58 (If more space is needed insert additional sheets of the same size) CopyrIght (c) 1996 form software only CPSysterns, Inc. Form REV-1509 EX (Rev. 1-97) AEV-,510 EX +(1-97) SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX AETURN RESIDENT DECEDENT ESTATE OF Elizabeth A. Eater 04/29/2001 SSif 162-36-9735 This schedule must be completed and filed if the answer to any of questions 1 through 4 on page 2 is yes. FILE NUMBER 21-01-0549 DESCRIPTION OF PROPERTY %OF ITEM INClUaE THE NAME Of" THE TRANSf"EREE THEIR DATE OF DEATH DECO'S EXCLUSION TAXABLE VALUE RELATIONS IP TO DECEDENT AND THE DATE OF TRANSFER. NUMBER ATTACH ACOPYOF THE DEED FOR REAL ESTATE. VALUE OF ASSET INTEREST (IF APPLICABLE) 1 Barbara A. Fetrow, daughter 8,742.66 3,000.00 5,742.66 10/08/2000 2 Briel1e Fetrow, 8,742.66 3,000.00 5,742.66 greatgrandchild 10/08/2000 3 Briana Fetrow, 8,742.66 3,000.00 5,742.66 greatgrandchild 10/08/2000 4 Brittany Fetrow, 8,742.66 3,000.00 5,742.66 greatgrandchild 10/08/2000 5 Mary Ann Fetrow, grandchild 8,742.67 3,000.00 5,742.67 10/08/2000 6 Vance Fetrow, grandson 8,742.66 3,000.00 5,742.66 10/08/2000 TOTAL (Also enter on line 7, Recapitulation) $ 34,455.97 (If more space is needed, insert additional sheets of the same size) Copyright (c) 1996 form software only CPSystems, Inc. Form REV-1510 EX (Rev. 1-97) REV-1511 EX +(1-97) COMMONWEALTH OF PENNSYLVANIA INHERITANce TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF Elizabeth A. Eater Debts of decedent must be reported on Schedule I. ITEM NUMBER A. B. SSII 162 - 36 - 9735 04/29/2001 FILE NUMBER 21-01-0549 DESCRIPTION AMOUNT 1 FUNERAL EXPENSES, Parthemore Funeral Home 6,874.00 2 Weis Markets - meal 35.16 1. ADMINISTRATIVE COSTS, Personal Representative's Commissions Name of Personal Representative(s) Social Security Number(s) I EIN Number of Personal Representative{s) Street Address City State Zip Year(s) Commission Paid: 2. 3. Attorney's Fees IRWIN McKNIGHT & HUGHES Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Barbara A. Fetrow Slreet Address 5263 East Trindle Road City Mechanicsburg State -1'L Zip 17055 Relationship of Claimant to Decedent daughter 15,250.00 3,500.00 4. Probate Fees Register of Wills 322.00 5. Accountant's Fees 6. Tax Return Preparer's Fees 7. 1 Other Administrative Costs Cumberland Law Journal - estate notice publication 75.00 2 Register of Wills, filing fee 25.00 3 S.W. Barrett Real Estate - appraisal fee 250.00 4 The Sentinel, Legal - estate notice publication 87.35 TOTAL (Also enter on line 9, Recapitulation) $ 26,418.51 (If more space is needed, insert additional sheets of the same size) Copyright (c) 1996 form software only CPSystems, Inc, Form REV-1511 EX (Rell, 1-97) REV-1513 EX ~(9-00) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX. RETURN RESIDENT DECEDENT SCHEDULE J BENEFICIARIES ESTATE OF Elizabeth A. Eater SSfl 162-36-9735 04/29/2001 FILE NUMBER 21-01-0549 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE Do Not List Trustee(s) OF ESTATE NUMBER I. 1 NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY TAXABLE DISTRIBUTIONS [Include outright spousal distributions, and transfers under Sec. 9116(a)(1.2)] Barbara E. Fetrow 5263 East Trind1e Road Mechanicsburg, PA 17055 Daughter remainder ENTER DOLLAR AMTS. FOR DISTRIBUTIONS SHOWN ABOVE ON LN. 15 THRU 18, AS APPROPRIATE, ON REV 1500 COVER SHEET II. NON-TAXABLE DISTRIBUTIONS, A. SPOUSAL DISTRIBUTIONS UNDER SEC. 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART 11- ENTER TOTAL NON- TAXABLE DISTRIBUTIONS ON LINE 13 OF REV 1500 COVER SHEET $ (If more space is needed, insert additional sheets of the same size) Copyright (c) 2000 form software only The Lackner Group, Inc. 0.00 Form REV-1513 EX (Rev. 9-00) LAST WILL AND TESTAMENT I, ELIZABETH A. EATER, of the Borough of New Cumberland, Cumberland County, Pennsylvania, declare this to be my Last Will and Testament, hereby expressly revoking all Wills and Codicils heretofore made by me. I. I direct my executrix to pay all of my debts, funeral and administrative expenses as soon as may be done conveniently after my decease. 2. I authorize and empower my executrix to sell any realty owned by me at my death and not specifically devised herein, at either public or private sale, and to give good and sufficient deeds therefor, in fee simple, as I could do ifliving. 3. I give, devise and bequeath all of my estate of every nature and wherever situate to my daughter, Barbara E. Fetrow, and if she is not living at the time of my death, to her two children, share and share alike. 4. I nominate and appoint Barbara E. Fetrow to be the executrix of this my Last Will and Testament; she is to serve as such without bond. Should she die before my death, renounce or refuse or be unable to serve for any reason, I nominate and appoint Mary Ann Fetrow and Vance E. Fetrow, as substitute executors, also to serve as such without bond, with the same powers as are given herein to my executrix, and also to serve as such without bond. S. I hereby suggest that my personal representatives retain the services of Irwin, McKnight & Hughes, as attorneys in the settlement of my estate. n IN WITNESS WHEREOF, I have hereunto set my hand and seal this (. day of March, 1996. . ~;A.Bt c:';-) L.-ttsEAL) EL ABETH A. EATER . Signed, sealed, published and declared by ELIZABETH A. EATER, the testatrix above named, as and for her Last Will and Testament, in the presence of us, who at her request, in her presence and in the presence of each other have subscribed our names as witnesses hereto. 2 ACKNOWLEDGMENT AND AFFIDA VIT WE, ELIZABETH A. EATER, TERESA M. HENRY and CHERYL L. CLELAND, the testatrix and witnesses respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testatrix signed and executed the instrument as her Last Will and that she had signed willingly, and that she executed it as her free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the testatrix, signed the Will as a witness and that to the best of their knowledge the testatrix was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence, ./'/ TERESA M. HENR ~/m~4~ RYL L. CLELAN COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND Subscribed, sworn to and acknowledged before me by ELIZABETH A. EATER, the testatrix herein and subscribed and sworn to before me by TERESA M. HENRY and CHERYL L. CLELAND, witnesses, this I;" day of March, 1996, / " 'l d~,-- (;tary Public . SeeI Roaer B,ltwIn. Ncll!IY P\.do ClIIIIil earo. Cu, bool8lld Ccutt My COmmIsSIon ExpInls 0cl3. 1996 Phllwo!n Law Offices IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street, Carlisle. Pennsylvania /7013-1222 THIS AGREEMENT is entered into this uJ' day of June, 200 I, by and between BARBARA E. FETROW, Executrix of the Estate of Elizabeth A. Eater; hereinafter called SELLER, AND HARRY H. FOX, JR., hereinafter called PURCHASER. IT IS MUTUALLY AGREED AS FOLLOWS: 1. The SELLER agrees to sell, grant and convey to the PURCHASER, and the PURCHASER agrees to purchase and accept the conveyance of the following described real estate situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as foHows: BEING the farm property, with improvements as recorded in Cumberland County Deed Book "Z", Volume 12, Page 9. 2. The PURCHASER agrees to pay the sum of 5350,000.00 to SELLER, payable as follows: a 510,000.00 NOTE on the signing of this agreement, receipt of which is hereby ackno~ledged; the balance of the purchase price, itemized as follows: PURCHASER will transfer to Barbara E. Fetrow, 2 properties located in Hampden Township, Cumberland County, as recorded in Deed Book 237, Page 374 and Deed Book 237, Page 377, plus the sum of $125,000.00 upon the delivery of the deed to said property to said PURCHASER. Settlement to be at the office of Irwin, McKnight & Hughes, 60 West Pomfret Stree4 Carlisle, Pennsylvania 17013.3222. 3. The settlement shall be made within 45 days of recording of the final Plan of the Subdivision of Deed Book 12 "Z" 9 which time shall be of the essence, at which time of settlement the SELLER shall tender to the PURCHASER a properly drawn and executed deed of special warranty, conveying to the PURCHASER a good and marketable title in fee simple, clear of aH encumbrances, except easements or building and use restrictions, visible or of record, and shall deliver possession to the PURCHASER and the PURCHASER shall pay the balance of the purchase price in cash. SELLER agrees to extend the settlement date if all approvals required for final Subdivision have not been received by June 30, 2002, provided that PURCHASER has acted in good faith and with due diligence to secure such approvals. 4. All taxes for the current year shall be prorated to date of settlement, County and Borough or Township taxes on a January I st to December 31 st year basis and the School tax on a July 1 st to June 30th year basis. Pennsylvania Realty Transfer tax and any other sale or transfer taxes are to be paid equally by SELLER and PURCHASER. 5. The SELLER agrees to transfer title to the PURCHASER to all plumbing, heating and lighting fixtures. 6. The SELLER agrees that the property shall remain in substantially its present condition until date of settlement. reasonable wear and tear expected, and if it is not, the PURCHASER may rescind this contract. 7. TIle PURCHASER hereby waives the formal tender of the deed if the purchase price is not paid as agreed upon above. 8. (a) The PURCHASER will have full access to the farm property for any and all necessary activities related to gaming subdivision approval. (b) The sale is contingent upon subdivision approval for not less than 15 tracts (unless PURCHASER agrees to fewer) from all requisite governing bodies or agencies. Such approvals are the sold obligation and at the sole expense of PURCHASER. (c) The SELLER agrees to cooperate with PURCHASER in accomplishing a tax deferred (Sec. 1031) exchange of PURCHASERS Hampden Township properties, provided that there are no negative consequences to SELLER. (d) The PURCHASER will pay interest in the amount of 8% on the $125.000.00 from the date of final settlement for one or two years at the option of the SELLER. 9. Should the PURCHASER fail to make settlement as hereinbefore provided, the amount paid down as hand money, to wit: $10,000.00 NOTE may be retained by the SELLER as liquidated damages. Should the SELLER fail or refuse to convey as hereinbefore provided, the PURCHASER may require the return of the hand money paid and reasonable title examination expenses incurred by the PURCHASER. 10. For the performance of this agreement, the parties bind themselves, their heirs, personal representatives, successors and assigns, as witness their hand and seals the day and year first written above. ,7-1 J dL '- ESTATE OF ELIZABETH A. EATER ,'5arbct r'C'-- ~, -0?f-r'd cJ BARBARA E. FETROW (SEAL) WITNESSED BY: BY: (SEAL) (J '-_/' 3oi-, PURCHASER: ~~NM~ HARRY H. FOX, JR. (SEAL) (SEAL) 2 nN-1g-.21J;H In:23 P.llt/Ill ~~M~g First.ide Center P7-PFBC-4-F 500 First Avenue PittsbUrgh, PA 15219-3128 /SCP lune 18, 2001 Roger B. Irwin 60 West Pomlrct SIrecr Cariisle,PA 17013-3222 RE: E.tate of Elizobeth A. Eo"", Deceased SSN: \62-36-9735 DOD: 4/29/200 1 Dear Mr. Irwin: Please:find the date of death balances you have requested listed below. CHECKING ACCOUNT #5140017755 Established 04/0]/1965 ELIZABETII A EATER BAlUlARA A FETROW DOD Balance: $1,989.15 (non-in....... Oc.ring) Our offICe only provides date of death balaDees for IRA '9, CD's, Checking and S2Vings aeeoantJ. We do l!Q. FiDmcial Trama.etiom or Statemet1t OrdU$. For Furth.,. info......tion plcaae taD 1-80()..4..BANKER or YOUT local me BraoclJ and ask to speak with a FiDucial Servket Representative. ~~ Rachelle Sciullo t-800-762-1775 A mCfl'llKr of Th~ f'NC An<ind:al ~ Otoup PNC 8m N,A. Pitt~!lu"9n I'tl'l(lsylYarlia lS26S TOTt=L P.Et! 06/19/01 08:45 TX/RX NO.7618 P.001 . COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES OEPT.2B0601 HARRISBURG, PA 17126-0601 . REV-1162 EX(11-96) RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT IRWIN ROGER B ESQ 60 W POMFRET ST CARLISLE, PA 17013 n______ fold ESTATE INFORMATION: SSN: 162-36-9735 FILE NUMBER: 21-2001- 0549 DECEDENT NAME: EA TER ELIZABETH A DA TE OF PAYMENT: 07/23/2001 POSTMARK DATE: 00/00/0000 COUNTY: CUMBERLAND DATE OF DEATH: 04/29/2001 NO. CD 000077 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 I $15,348.62 I I I I I I I I TOTAL AMOUNT PAID: $15,348.62 REMARKS: B A FETROW C/O ROGER B IRWIN ESQUIRE CHECK# 0771 SEAL INITIALS: VZ RECEIVED BY: REGISTER OF WILLS MARY C. LEWIS REGISTER OF WILLS / 6 -~.,- ~>6~/ I COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG, PA 17128-0601 NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN 09-03-2001 EATER 04-29-2001 21 01-0549 CUMBERLAND 101 ROGER B IRWIN ESQ IRWIN ETAL 60 W POMFRET ST CARLISLE PA 17013 REV-1547 EX AFP (12-001 ELIZABETH A Amount Remitted MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~ REV=is4'-EX-"FP-fi"'i=oOY-NCificE--OF-YNHEiiTANCE-YAX-APPRAisEMENT-,--"LLOWANCE-oi----------------- DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF EATER ELIZABETH A FILE NO. 21 01-0549 ACN 101 DATE 09-03-2001 TAX RETURN WAS: (X) ACCEPTED AS FILED CHANGED RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule B) 3. Closely Held Stock/Partnership Interest (Schedule C) 4. Mortgages/Notes Receivable (Schedule D) 5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) 7. Transfers (Schedule G) 8. Total Assets (1) (2) (3) (4) (5) (6) (7) 350,000.00 .00 .00 .00 .00 994.58 34,455.97 (8) APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) 10. Debts/Mortgage Liabilities/Liens (Schedule I) 11. Total Deductions 12. Net Value of Tax Return 13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J) 14. Net Value of Estate Subject to Tax (9) (10) 26,418.51 NOTE: To insure proper credit to your account, submit the upper portion of this form with your tax payment. 385,450.55 ?6.418 1i1 359,032.04 .00 359,032.04 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 16. Amount of Line 14 taxable at Lineal/Class A rate 17. Amount of Line 14 at Sibling rate 18. Amount of Line 14 taxable at Collateral/Class B rate 19. Principal Tax Due TAX CREDITS. .00 (11) (12) (13) (14) (15) .00 X 00 = .00 (16) 359,032.04 X 045 = 16,156.44 (1n .00 X 12 = .00 (18) .00 X 15 = .00 (19)= 16,156.44 . PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (-) 07-23-2001 CDOOOO77 807.82 15,348.62 TOTAL TAX CREDIT 16,156.44 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 TOTAL DUE .00 * IF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. ( IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) RESERVATION: Estates of decedents dying on or before December 12, 1982 -- if any future interest in the estate is transferred in possession or enjoyment to Class B (collateral) beneficiaries of the decedent after the expiration of any estate for life or for years, the Commonwealth hereby expressly reserves the right to appraise and assess transfer Inheritance Taxes at the lawful Class B (collateral) rate on any such future interest. PURPOSE OF NOTICE: To fulfill the requirements of Section 2140 of the Inheritance and Estate Tax Act, Act 23 of 2000. (72 P.S. Section 9140), PAVMENT: Detach the top portion of this Notice and submit with your payment to the Register of Wills printed on the reverse side. --Make check or money order payable to: REGISTER OF HILLS I AGENT REFUND (CR): A refund of a tax credit, which was not requested on the Tax Return, may be requested by completing an "Application for Refund of PennsYlvania Inheritance and Estate Tax" (REV-13l3). Applications are available at the Office of the Register of Wills, any of the 23 Revenue District Offices, or by calling the special 24-hour answering service for forms ordering: 1-800-362-2050; services for taxpayers with special hearing and I or speaking needs: 1-800-447-3020 (TT only). OBJECTIONS: Any party in interest not satisfied with the appraisement, allowance, or disallowance of deductions, or assessment of tax (including discount or interest) as shown on this Notice must object within sixty (60) days of receipt of this Notice by: --written protest to the PA Department of Revenue, Board of Appeals, Dept. 281021, Harrisburg, PA 17128-1021, OR --election to have the matter determined at audit of the account of the personal representative, OR --appeal to the Orphans' Court. ADMIN- ISTRATIVE CORRECTIONS: Factual errors discovered on this assessment should be addressed in writing to: PA Oepartment of Revenue, Bureau of Individual Taxes, ATTN: Post Assessment Review Unit, Dept. 280601, Harrisburg, PA 17128-0601 Phone (717) 787-6505. See page 5 of the booklet "Instructions for Inheritance Tax Return for a Resident Decedent" (REV-150l) for an explanation of administratively correctable errors. DISCOUNT: If any tax due is paid within three (3) calendar months after the decedent's death, a five percent (5%) discount of the tax paid is allowed. PENALTY: The 15% tax amnesty non-participation penalty is computed on the total of the tax and interest assessed, and not paid before January 18, 1996, the first day after the end of the tax amnesty period. This non-participation penalty is appealable in the same manner and in the the same time periOd as you would appeal the tax and interest that has been assessed as indicated on this notice. INTEREST: Interest is charged beginning with first day of delinquency, or nine (9) months and one (1) day from the date of death, to the date of payment. Taxes which became delinquent before January 1, 1982 bear interest at the rate of six (6%) percent per annum calculated at a daily rate of .000164. All taxes which became delinquent on and after January 1, 1982 will bear interest at a rate which will vary from calendar year to calendar year with that rate announced by the PA Department of Revenue. The applicable interest rates for 1982 through 2001 are: Vear Interest Rate Daily Interest Factor Vear Interest Rate Oaily Interest Factor 1982 20% .000548 1992 9% .000247 1983 16% .000438 1993-1994 7% .000192 1984 11% .000301 1995-1998 9% .000247 1985 13% .000356 1999 7% .000192 1986 10% .000274 2000 8% .000219 1987 9% .000247 2001 9% .000247 1988-1991 11% .000301 --Interest is calculated as follows: INTEREST = BALANCE OF TAX UNPAID X NU"BER OF DAYS DELINQUENT X DAILY INTEREST FACTOR --Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen (15) days beyond the date of the assessment. If payment is made after the interest computation date shown on the Notice, additional interest must be calculated. ST A TUS REPORT UNDER RULE 6.12 vi Ci/ O~ Name of Decedent: ELIZABETH A. EATER Date of Death: APRIL 29. 2001 No. 21-01-0549 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration ofthe above-captioned estate: 1. State whether administration ofthe estate is complete: --X- Yes _ No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No.1 is Yes, state the following: a. Did the personal representative file a [mal account with the Court? Yes X No 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? X Yes No d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of Orphan's Court and may be attached to this report. Date: 2/28/03 Si~;Y'JdJu~ IRWIN, Mc~GHT & HUGHES ROl!er B. Irwin. Esquire Name (please type or print) 60 West Pomfret Street Address Carlisle. P A 17013 City, State, Zip (717) 249-2353 Telephone Number X Personal Representative Counsel for Personal Representative Capacity: