HomeMy WebLinkAbout08-15-05
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METTE, EVA.NS & WOODSIDE
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
3401 NORTH FRONT STREET
P.O. BOX 5950
HARRISBURG. PA 17110-0950
HOWELL C. METTE
IRS NO.
23-1985005
TELEPHO~
(717) 232-5000
FAX
(717) 236-1816
http://www.mette.com
August 12, 2005
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CERTIFIED MAIL
RETURN RECEIPT REQUESTED
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Register of Wills
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
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Re: Estate of Robert H. Kalbach, Sr.
No. 21-05-0011
Dear Sir/Madam:
Enclosed herewith for filing are two copies of form REV-1500, Pennsylvania
Inheritance Tax Return, for the Estate of Robert H. Kalbach, Sr. Also enclosed are
the following:
1. Form 706, United States Estate (and Generation Skipping) Tax Return;
2. Check in the amount of$13.03 in payment of taxes due; and
3. Check in the amount of $15.00 in payment of the filing fee.
Thank you.
Sincerely,
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Howell C. Mette
HCM/lmg
Enclosures
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Ii'EV-1500 EX (6-00)
OFFICIAL USE ONLY
COMMONWEALTH OF
PENNSYLVANIA
DEPARTMENT OF REVENUE
DEPT. 280601
HARRISBURG, PA 17128-0601
REV-1500
INHERITANCE TAX RETURN
RESIDENT DECEDENT
FILE NUMBER
...2.L
COUNTY CODE
-9L 0011___
YEAR NUMBER
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DECEDENl'S NAME (LAST, FIRST, AND MIDDLE INITIAL)
Kalbach Sr. Robert
DATE OF DEATH (MM-DD-YEAR) DATE OF BIRTH (MM-DD-YEAR)
11/17/2004 11/7/1925
(IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL)
Irene H. Kalbach
CXJ 1. Original Return
D 4. Limited Estate
CXJ 6. Decedent Died Testate (Atlach copy of 'Mil)
D 9. Litigation Proceeds Received
H
SOCIAL SECURIlY NUMBER
186-24-2216
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
SOCIAL SECURITY NUMBER
209-20-2720
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D 2. Supplemental Return 0 3. Remainder Return (date of death plior to 12-13-82)
o 4a. Future Interest Compromise (date of death after 12-12-82) [XJ 5. Federal Estate Tax Return Required
D 7. Decedent Maintained a Living Trust (Attach copy at Trust) _ 8. Total Number of Safe Deposit Boxes
o 10. Spousal Poverty Credit Ida'o of ...th botween 12-31-91'00 H-95) 0 11. Election to tax under Sec. 9113(A)IAtlochSchOI
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THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIALTAXINFORMATIONSHOULllBE DIRECTED TO:
NAME COMPLETE MAILING ADDRESS
Howell C. Mette Es ire 3401 North Front Street
FIRM NAME (If Applicable)
METTE, EVANS & WOODSIDE
TELEPHONE NUMBER
717-232-5000
P.O. Box 5950
Harrisburg, PA 17110-0950
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(5)
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73,869.00
1,255,900.95
2,212,871.50
1,398,605.33
0.00
290.16
OEtIClAL USE ONL i:.;
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1. Real Estate (Schedule A)
(1)
(2)
2. Stocks and Bonds (Schedule B)
3. Closely Held Corporation, Partnership or SoJe-Proprietorship (3)
(J1
4. Mortg ages & Notes Receivable (Schedule D)
5. Cash, Bank Deposits & Miscellaneous Personal Property
(Schedule E)
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6. JEJintJ Owned Property (Schedule F)
Separate Billing Requested
7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7)
(Schedule G or L)
(6)
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343,075.06
8. Total Gross Assets (totel Lines 1-7)
(8)
93,654.03
62,819.00
5,284,612.00
9. Funeral Expenses & Administrative Costs (Schedule H) (9)
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule Q (10)
11. Tolal Deductions (total Lines 9 & 10)
(11)
156,473.03
5,128,138.97
4,076,881.25
12. Net Value of Estate (Line 8 minus Line 11)
13. Charitable and Governmental Bequests/See 9113 Trusts for which an election to tax has not been
made (Schedule J)
(12)
(13)
14. Net Value SUbJectto Tax (Line 12 minus Line 13)
(14)
1,051,257.72
SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES
15. Amount of Line 14 taxable at the spousal tax 343,075.06 L(15)
z rale, or transfers under Sec. 9116 (a)(1.2) x .0
0
~ 16. Amount of Line 14 taxable at lineal rate 708,182.66 x .0 ~(16)
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:;) 0.00
Il. 17. Amount of Line 14 taxable at sibling rale x .12 (17)
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0 0.00
(J 18. Amount of Line 14 taxable at collateral rate x .15 (18)
><
< 19. Tax Due
.... (19)
20. D
CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
0.00
31,868.22
0.00
0.00
31,868.22
> > BE SORE TO ~NSWER ALL QUESTIONS ON REVERSE SIDE AND RECHECK MATH < <
3W4645 1.000
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ecedents omPle e ress:
STREET ADDRESS
1 West Lawn Circle
Cumberland
CITY I STATE I ZIP
Wormlevsbura PA 17043-
1. Did decedent make a transfer and: Yes
a. retain the use or income of the property transferred;. . . . . . . . . . . . . . . D
b. retain the right to designate who shall use the property transferred or its income; . D
c. retain a reversionary interest; or . . . . . . . . . . . . . . . . . . . . . . . . D
d. receive the promise for life of either payments, benefits or care? . . . . . . . . . 0
2. If death occurred after December 12, 1982, did decedent transfer property within one year of death
without receiving adequate consideration? . . . . . . . . . . . . . . . . . . . . . . . . . . ., 0
3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? 0
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which
contains a beneficiary designation? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. IX] 0
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
Under penalties of perjury, I declare that I hava examined this return, induding accompanying schedules and statements, and to the best of my knowledge and belief, n is true, correct and complete.
Declaration of preparer othar than the personal representative is based on all infonnation of which preparer has any knowledge.
SIGNA lURE OF PERSON RESPONSIBLE FOR FILING REl1JRN
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Tax Payments and Credits:
1. Tax Due (Page 1 Line 19)
2. Credits/Payments
A. Spousal Poverty Credit
B. Prior Payments
C. Discount
(1)
0.00
30.262.43
1,592.76
Total Credits (A + 8 + C) (2)
3. Interest/Penalty if applicable
D. Interest
E. Penalty
0.00
0.00
Tota/lnterest/Penalty (D + E) (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)
8. Enter the total of Line 5 + SA. This is the BALANCE DUE.
Make Check Payable to: REGISTEROFWILLS,AGENT
(58)
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
Irene M. Kalbach
ADDRESS
1 West Lawn Circle
SIGNATURE F PREPARER OTHER THAN REPRESENTATIVE
Howell C. Mette, Es ire
ADDRESS
3401 N. Front St., P.O. Box 5950
Harrisburg, PA 17110-0950
31,868.22
31,855.19
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0.00
13.03
0.00
13.03
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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 3%
[72 P.S. ~ 9916 (a) (1.1) (OJ.
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 (')...\ I i \ D ro
The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets an,t'\.-i'''' .
the surviving spouse is the only beneficiary. . .n......
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For dates of death on or after July 1, 2000: l,^J
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 ~ D 6 t3V
or a stepparent of the child is 0% [72 P.S, ~ 9116(a)(1.2)]. .p..p D \ -.J .
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The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5%. except as noted in 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 .5. ~ 9116(a)(1.3)]. A sibli
individual who has at least one parent in common with the decedent, whether by blood or adoption.
3W4646 1.000
COMMONWEAlTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE A
REAL ESTATE
REV.1502 EX + (6-98)
ESTATE OF
FILE NUMBER
Robert H Kalbach. Sr. 21 05 0011
All real property owned solely or as a tenant In common must be reported at fair market value. Feir market value is defined as the price atlMlich property would be
exchanged between e willing buyer and a willing seller. neither being compelled to buy or sell. both having reasonable knowledge of the relevent facts.
Real property which Is Jolntly-owned wlt/1 right of survivorship must be disclosed on Schedule F.
N01r~R DESCRIPTION
1. 2.5 acres vacant land w/o
access, Crooked Hill Road and
Paxton Church Road,
Susquehanna Township, Dauphin
COunty, PA. Valued per
appraisal of L.G. Connor Real
Estate Appraisers
VALUE AT DATE
OF DEATH
7,000.00
2 Vacant lot, 1210 State Street,
Harrisburg, Dauphin County,
PA, 1.75 acres.
Assessed value $13,400 x 1.14
CLR
15,276.00
3 Vacant lot, Camp Hill Borough/
East Pennsboro Township; both
sides of Center Street, Lots
119 and 120.
Assessed
#119
#120
values -
$22,880
$23,600
$46,480
1.11
$51,593
51,593.00
x
3W4695 1.000
TOTAL (Also enter on line 1. Recapitulation)
(If more space is needed. insert additional sheets of the same size)
$
73,869.00
REV-1503 EX. (6-98)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
SCHEDULE B
STOCKS & BONDS
FILE NUMBER
Robert H Kalbach. Sr.
21 05 0011
All property jointly-owned with right of survivorship must be disclosed on Schedule F.
ITEM
NUMBER
1.27,618
27,618
P.L.C.
CUSIP:
DESCRIPTION
VALUE AT DATE
OF OEA TH
Shares
shares Allied Irish Bks.
sponsored ADR ORD
019228402
1,031,394.21
2 4,062 Shares
4,062 shares common stock PNC
Financial Service Group, Inc.
CUSIP: 693475105
224,506.74
3W4696 1.000
TOTAL (Also enter on line 2. Recapitulation) $
(If more space is needed. insert additional sheets of the same size)
1,255,900.95
REV-1504 EX + (6-98)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
SCHEDULE C
CLOSELY.HELD CORPORATION,
PARTNERSHIP OR SOLE-PROPRIETORSHIP
ESTATE OF
FILE NUMBER
Robert H Kalbach, Sr.
2105 0011
Schedule C-t or C-2 (including all supporting information) must be attached for each closely-held corporation/partnership interest of the decedent, other than a
sole-proprietorship. See instructions for the supporting information to be submitted for sole-proprietorships.
ITEM
NUMBER
DESCRIPTION
VALUE AT
DATE OF DEATH
1.
6,000 Shares
6,000 shares common stock, C.A.
Hempt Estate, Inc.
1,490,280.00
2 250 Shares
250 shares common stock Freedom
Equi.pment, Inc.
167,417.50
3 1% i.nterest i.n Kalbach Associ.ates
Limi.ted Partnership, a Delaware
limi.ted partnership U/A OS/25/2000
14,699.00
4 2,500 Shares
2,500 shares common stock, Pavex,
Inc.
540,475.00
3W4697 1.000
TOTAL (Also enter on line 3. Recapitulation)
(If more space is needed, insert additional sheets of the same size)
$
2,212,871.50
.REV-1505 EX + (6-98)
COMMONWEAL ll-i OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
SCHEDULE C-1
CLOSEL V-HELD CORPORATE
STOCK INFORMATION REPORT
FILE NUMBER
Robert H Kalbach. Sr.
21 05 0011
1. Name of Corporation Pavex , Inc.
Address 4400 Old Gettysburg Road
State of Incorporation PA
Date of Incorporation 3/13/1972
City Camp Hill
State PA
Zip Code 17011
Total Number of Shareholders
2
2. Federal Employer 1.0. Number 23-1873462
3. Type of Business Construction
Business Reporting Year 12/31/2004
ProducUService Pavinq and excavation
4.
I STOCK TYPE TOTA\.;NUMBEROF .. ;t'll.lM~~~()F~~~~\' VALUE OF THE I
Voting/t-llwVotlllg SHARES OUTSTANDING PARVALUE "OWNEb"BYTHEDECEDENT DECEDENT'~ STOCK
Com mon Vo tinq 2 1.7 3 1 1 0 0 2 5 0 0 $ 5 4 0 4 7 5 0 0
Preferred $
Provide all rights and restrictions pertaining to each class of stock.
5. Was the decedent employed by the Corporation~ . . . . . . . . . . . . . . . . . . . . . . . . [1g Yes
o No
If yes, Position Chairman of Bd
Annual Salary $
52 r 000 .00 Time Devoted to Business 100%
. . . . . . . . .. [1g Yes 0 No
1.148.073.72
6.
Was the Corporation indebted to the decedent? .
If yes, provide amount of indebtedness $
7. Was there life insurance payable to the corporation upon the death of the decedent? .., 0 Yes [1g No
If yes, Cash Surrender Value $
Owner of the policy
0.00 Net proceeds payable $
0.00
8. Did the decedent sell or transfer any stock in this company within one year prior to death or within two years if the date of death was prior to 12-31-82?
DYes 00 No If yes, 0 Transfer 0 Sale Number of Shares 0
Transferee or Purchaser Consideration $ 0 . 00 Date
Attach a separate sheet for additional transfers and/or sales.
9. Was there a written shareholder's agreement in effect at the time of the decedent's death?. 0 Yes
If yes, provide a copy of the agreement.
00 No
10. Was the decedent's stock sold? . . . .
....................... DYes
[]j No
If yes, provide a copy of the agreement of sale, etc.
11. Was the corporation dissolved or liquidated after the decedent's death? . . . . . . . . . .. 0 Yes !l9 No
If yes, provide a breakdown of distributions received by the estate, including dates and amounts received.
12. Did the corporation have an interest in other corporations or partnerships? . . . . . . . . . . .0 Yes 00 No
If yes, report the necessary information on a separate sheet, including a Schedule C-1 or C-2 for each interest.
THE FOLLOWING INFORMATION MUST BE SUBMITTED WITH THIS SCHEDULE
A. Detailed calculations used in the valuation of the decedent's stock.
B. Complete copies of financial statements or Federal Corporate Income Tax returns (Form 1120) for the year of death and 4 preceding years.
C. If the corporation owned real estate, submit a list showing the complete address/es and estimated fair market value/s. If real estate appraisals have been
secured, attach copies.
D. list of principal stockholders at the date of death, number of shares held and their relationship to the decedent.
E list of officers, their salaries, bonuses and any other benefits received from the corporation.
F. Statement of dividends paid each year. List those dedared and unpaid.
G. Any other information relating 10 the valuation of the decedent's slock.
(If more space is needed, insert additional sheets of the same size)
4W4698 1.000
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
SCHEDULE C-1
CLOSELY-HELD CORPORATE
STOCK INFORMATION REPORT
.REV.1505 EX + (6-98)
FILE NUMBER
Robert H Kalbach. Sr.
21 05 0011
1. Name of Corporation Freedom Equipment, rnc.
Address 4400 Old Get~!;burg Road
State of Incorporation PA
Date of Incorporation 7/25/1990
City Camp Hill
State PA
Zip Code 17011
Total Number of Shareholders
2
2. Federal Employer 1.0. Number 25-1637658
3. Type of Business Equipment rental
Business Reporting Year
Product/Service Construction equipment
4.
I TYPE TOTAI..NUfliIBi:ROf .. NU~BEROFSHARES VALUEOHHEI
S.TOCK V6tinglNonNoting SHARES OUTSTANDING PAR VALUE OWNEI?BYTHE DeCEDENT DECEPENT'SSTOCt( .
Common Votinq 2.500 0 00 250 $ 1 67,418 00
Preferred $
Provide all rights and restrictions pertaining to each class of stock.
5. Was the decedent employed by the Corporation~ . . . . . . . . . . . . . . . . . . . . . . .. DYes
o No
If yes, Position Vice President
Annual Salary $
o . 00 Time Devoted to Business
6.
Was the Corporation indebted to the decedent? .
If yes, provide amount of indebtedness $
... DYes
00 No
0.00
7. Was there life insurance payable to the corporation upon the death of the decedent? ... 0 Yes [29 No
If yes, Cash Surrender Value $
Owner of the policy
o . 00 Net proceeds payable $
0.00
8. Did the decedent sell or transfer any stock in this company within one year prior to death or within two years if the date of death was prior to 12-31-82?
DYes 00 No If yes, 0 Transfer 0 Sale Number of Shares 0
Transferee or Purchaser Consideration $ 0 . 00 Date
Attach a separate sheet for additional transfers and/or sales.
9. Was there a written shareholder's agreement in effect at the time of the decedent's death?. 0 Yes
If yes, provide a copy of the agreement.
lliI No
1 Q. Was the decedent's stock sold? . . . .
....................... DYes
119 No
If yes, provide a copy of the agreement of sale, etc.
11. Was the corporation dissolved or liquidated after the decedent's death? . . . . . . . . . .. 0 Yes [l9 No
If yes. provide a breakdown of distributions received by the estate, including dates and amounts received.
12. Did the corporation have an interest in other corporations or partnerships? . . . . . . . . . . .0 Yes 00 No
If yes, report the necessary information on a separate sheet, including a Schedule C-1 or C-2 for each interest.
THE FOllOWING INFORMATION MUST BE SUBMITTED WITH THIS SCHEDULE
A. Detailed calculations used in the valuation of the decedent's stock.
B. Complete copies of financial statements or Federal Corporate Income Tax returns (Form 1120) for the year of death and 4 preceding years.
C. If the corporation owned real estate, submit a list showing the complete address/es and estimated fair market value/s. If real estate appraisals have been
secured, attach copies.
D. List of principal stockholders at the date of death, number of shares held and their relationship to the decedent.
E List of officers, their salaries, bonuses and any other benefits received from the corporation.
F. Statement of dividends paid each year. List those declared and unpaid.
G. Any other information relating to the valuation of the decedent's stock.
(If more space is needed, insert additional sheets of the same size)
4W4698 1.000
.REV-1505 EX + (6-98)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
SCHEDULE C-1
CLOSELY-HELD CORPORATE
STOCK INFORMATION REPORT
FILE NUMBER
Robert H Kalbach. Sr.
21 05 0011
1. Name of Corporation C.A. Hempt Estate, Inc.
Address 205 Crgek Road
State of Incorporation PA
Date of Incorporation 1/9/1958
City Camp Hill
State PA
Zip Code 17011
Total Number of Shareholders
9
2. Federal Employer 1.0. Number 23-1536237
3. Type of Business Real estate rental
Business Reporting Year 12/31/2004
ProducUService Real estate
4.
I STOCK TYPE TOTAL NUMBER OF PAR VALUE ~g~BEROF StiARES VALUE OF THE ]
Voting/Noll-Voting SHARESOlJTS TANDING OWNED BY THE DECEDENT DECEDENT'SSTOOK
Common Votina 24 000 1 00 6.000 $ 1.490.280 00
Preferred $
Provide all rights and restrictions pertaining to each class of stock.
5. Was the decedent employed by the Corporation? . . . . . . . . . . . . . . . . . . . 0 Yes
00 No
If yes, Position
Annual Salary $
o . 00 Time Devoted to Business
6.
Was the Corporation indebted to the decedent? .
If yes, provide amount of indebtedness $
. DYes
00 No
0.00
7. Was there life insurance payable to the corporation upon the death of the decedent? ... 0 Yes 00 No
If yes, Cash Surrender Value $
Owner of the policy
o . 00 Net proceeds payable $
0.00
8. Did the decedent sell or transfer any stock in this company within one year prior to death or within two years if the date of death was prior to 12-31-82?
DYes 0 No If yes, 0 Transfer 0 Sale Number of Shares 0
Transferee or Purchaser Consideration $ 0 . 00 Date
Attach a separate sheet for additional transfers and/or sales.
9. Was there a written shareholder's agreement in effect at the time of the decedent's death?. 0 Yes
If yes, provide a copy of the agreement.
00 No
10. Was the decedent's stock sold? . . . .
...................... DYes
[1g No
If yes, provide a copy of the agreement of sale, etc.
11. Was the corporation dissolved or liquidated after the decedent's death? . . . . . . . . . ., 0 Yes 00 No
If yes, provide a breakdown of distributions received by the estate, including dates and amounts received.
12. Did the corporation have an interest in other corporations or partnerships? . . . . . . . . . . .0 Yes 00 No
If yes, report the necessary information on a separate sheet, including a Schedule C-1 or C-2 for each interest.
THE FOllOWING INFORMATION MUST BE SUBMITTED WITH THIS SCHEDULE
A. Detailed calculations used in the valuation of the decedent's stock.
B. Complete copies of financial statements or Federal Corporate Income Tax returns (Form 1120) for the year of death and 4 preceding years.
C. If the corporation owned real estate, submit a list showing the complete address/es and estimated fair market value/s. If real estate appraisals have been
secured, attach copies.
D. List of principal stockholders at the date of death, number of shares held and their relationship to the decedent.
E List of officers, their salaries, bonuses and any other benefits received from the corporation.
F. Statement of dividends paid each year. List those declared and unpaid.
G. Any other information relating to the valuation of the decedent's stock.
(If more space is needed, insert additional sheets of the same size)
4W4698 1.000
REV-l506 EX + (9-00)
COMMONWEALTH OF PENNSYLVANIA
INHERrrANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE C-2
PARTNERSHIP
INFORMATION REPORT
ESTATE OF
FILE NUMBER
Robert H Kalbach, Sr.
1. Name of Partnership Kalbach Associates Limited partnersh
Address 4400 Old Get~sburg Road
City Camp Hill
2. Federal Employer 1.0. Number 25-1866888
3. Type of Business Real estate manageme ProducUService Real estate
21 05 0011
Date Business Commenced 5/26/2000
Business Reporting Year 12/31/2004
State PA Zip Code 17011
4. Decedent was a IX] General 0 Limited partner. If decedent was a limited partner, provide initial investment $
0.00
5.
PARTNER NAME
PERCENT OF
INCOME
PERCENT OF
OWNERSHIP
BALANCE OF
CAPITAL ACCOUNT
A.
B. Irene M. Kalbach
C. Richard C. Kalbach Trustee
r
1.0000
49.0000
4
1.0000
49.0000
14 699.00
720 244.00
72
D.
h
6. Value of the decedent's interest $
7. Was the Partnership indebted to the decedent?
If yes, provide amount of indebtedness $
14,699.00
..... .....0 Yes
!XI No
0.00
8. Was there life insurance payable to the partnership upon the death of the decedent? . 0 Yes [X! No
If yes, Cash Surrender Value $
Owner of the policy
9. Did the decedent sell or transfer an interest in this partnership within one year prior to death or within two years if the date of death was
prior to 12-31-82?
o Yes [XI No If yes, 0 Transfer 0 Sale Percentage transferred/sold 0.0000
0.00 Net proceeds payable $
0.00
Transferee or Purchaser
Attach a separate sheet for additional transfers and/or sales.
Consideration $
0.00 Date
10. Was there a written partnership agreement in effect at the time of the decedent's death?
If yes, provide a copy of the agreement.
!Xl Yes 0 No
11. Was the decedent's partnership interest sold? . . . . . .
If yes, provide a copy of the agreement of sale, etc.
o Yes ~ No
12. Was the partnership dissolved or liquidated after the decedent's death? . . . . . . . . . . . . . . . 0 Yes [X! No
If yes, provide a breakdown of distributions received by the estate, including dates and amounts received.
13. Was the decedent related to any of the partners? . . . . . . . . . . . . . . . . .
If yes, explain
14. Did the partnership have an interest in other corporations or partnerships? . . . . . . . . . . . . . . 0 Yes m No
If yes, report the necessary information on a separate sheet, including a Schedule C-1 or C-2 for each interest
I THE FOLLOWING INFORMATION MUST BE SUBMITTED WITH THIS SCHEDULE
A. Detailed calculations used in the valuation of the decedent's partnership Interest.
B. Complete copies of financial statements or Federal Partnership Income Tax returns (Form 1065) for the year of death and 4 preceding years.
C. If the partnership owned real estate, submit a list showing the complete address/es and estimated fair market value/s. If real estate appraisals have been
secured, attach copies.
D. Any other information relating to the valuation of the decedent's partnership interest.
4W4699 1.000
!XI Yes 0 No
Estate of: Robert H Kalbach, Sr.
Schedule C-2 (Page 2)
Partner Name
Percent of
Income
Robert H. Kalbach, Sr.
1.0000
186-24-2216
Percent of
Ownership
Ba~ance of
Capi tal Account
1.0000
14,699.00
'REV-1507 EX + (6-98)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Robert H Kalbach. Sr.
SCHEDULE D
MORTGAGES & NOTES
RECEIVABLE
FILE NUMBER
21 05 0011
All property Jolntly-owned wltl1 right of survivorship must be disclosed on Schedule F.
ITEM
NUMBER DESCRIPTION
VALUE AT DATE
OF DEATH
1 Note receivable, Freedom
Equipment, Inc.
2 Note Receivable, Pavex, Inc.
250,531.61
1,148,073.72
3W46AC 1,000
TOTAL (Also enter on line 4, Recapitulation) $
(If more space is needed, insert additional sheets of same size)
1,398,605.33
REV-1509 EX. (6-98)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Robert H Kalbach. Sr.
SCHEDULE F
JOINTLY-OWNED PROPERTY
FILE NUMBER
21 05 0011
If an asset was made joint within one year of the decedent's date of death, It must be reported on Schedule G.
SURVIVING JOINT TENANT(S) NAME
ADDRESS
RELA llONSHIP TO DECEDENT
A.
Kalbach, Jr., Robert H
6339 Creek View Road,
Mechanicsburg, PA 17050
Son
B.
Kalbach, Richard C
3 Manassas Court, Mechanicsburg,
PA 17050
Son
c.
JOINTLY -OWNED PROPERTY:
LETTER DATE DESCRIPllON OF PROPERTY %OF DATE OF DEATH
ITEM FOR JOINT MADE INCLUDE NAME OF FINANCIAl. INSTITUTION PJoC) BANK ACCOUNT DATE OF DEATH DECO'S VALUE OF
N..MBER QR SIMIlAR IDENTIFYING NUMBER. ATTACH DEED FOR
NUMBER TENANT JOINT JOIW!lY-IRO REAL ESTATE. VALUE OF ASSET INTEREST DECEDENTS INTEREST
1. A.
1 AB 4/1/2003 Checking Account
#0571142737, owned jointly
with Robert H. Kalbach, Jr.
and Richard C. Kalbach.
The source was a
partnership in which each
owner held a 1/3 interest
so each is deemed to have
paid consideration for the
account. Only the
decedent's 1/3 is
includable in his estate. 870.49 33.3300 290.16
TOTAL (Also enter on line 6 Recaoitulation) $ 290.16
3W46AE 1.000
(If more space is needed, insert additional sheets of the same size)
REV-1510 EX' (6-98)
SCHEDULE G
INTER-VIVOS TRANSFERS &
MISC. NON-PROBATE PROPERTY
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Robert H Ka~bach, Sr.
FILE NUMBER
21 05 0011
This schedule must be completed and filed If the answer to any of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yes.
DESCRIPTION OF PROPERTY
ITEM IN::U.OE THO NOME OF THO TRANSFEREE. THEIR RELATIONSHIP TO DECEDE/oll' AICJ DATE OF DEATH % OF DECO'S EXCLUSION TAXABLE
NUMBEF THE DATE OF 'T1<ANSFER. ATTACHACOPY OF THE DEED FOR REAL ESTATE. VALUE OF ASSET INTEREST (IF APPUCABLEl VALUE
1. The Hartford Variab~e Annuity
#710507347, decedent's IRA;
Irene M. Ka~bach, beneficiary 38,725.81 100.0000 0.00 38,725.81
2 Pavex, Inc. Retirement P~an;
Irene M. Ka~bach, beneficiary 304,349.25 100.0000 0.00 304,349.25
TOTAL (Also enter on line 7, Recapitulation) $ 343.075.06
(If more space is needed, insert additional sheets Dfthe same sjze)
I ~W46AF 1.000
REV-1511 EX~(12-99)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Robert H Kalbach. Sr.
ITEM
NUMBER
A.
B.
3W46AG 1.000
FUNERAL EXPENSES:
1.
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
Debts of decedent must be reported on Schedule I.
DESCRIPTION
2
Grave Marker
Blooms to Bouquets - flowers
Total from continuation schedules
1.
ADMINISTRATIVE COSTS:
Personal Representative's Commissions
Name of Personal Representative(s)
Social Security Number(s) ( EIN Number of Personal Representative(s)
Street Address
City
Year(s) Commission Paid:
2.
Attorney Fees
State
Zip
Family Exemption: (If decedent's address is not the same as claimant's, attach explanation)
Claimant Irene M. Kalbach
Street Address 1 West Lawn Circle
3.
City Wormleysburg
Relationship of Claimant to Decedent SURVIVING SPOUSE
State PA
Zip 17043
4.
Probate Fees
5. Accountant's Fees
6. Tax Return Preparer's Fees
7.
None
FILE NUMBER
21 05 0011
TOTAL (Also enter on line 9, Recapitulation)
(If more space is needed, insert additional sheets of the same size)
$
AMOUNT
583.00
235.00
13,876.03
75,000.00
3,500.00
460.00
93 654.03
186-24-2216
Estate of: Robert H Kalbach, Sr.
Item
No.
3
4
Schedule H Part 1 (Page 2)
Description
Amount
Neill Funeral Home
10,841. 38
West Shore Country Club -
reception
3,034.65
Total (Carry forward to main schedule)
13,876.03
..
REV-1512 EX. (12-03)
COMMON\NEAL TH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Robert H Kalbach. Sr.
SCHEDULE I
DEBTS OF DECEDENT,
MORTGAGE LIABILITIES, & LIENS
FILE NUMBER
21 05 0011
Report debts incurred by the decedent prior to death which remained unpaid as of the date of death, including unreimbursed medical expenses.
ITEM
NUMBER
1.
DESCRIPTION
VALUE AT DATE
OF DEATH
U.S. Treasury
- balance 2004 federal personal
income tax
62,819.00
3W46AH 2.000
TOTAL (Also enter on line 10, Recaoitulation) $
(If more space is needed, insert additional sheets of the same size)
62.819.00
REV-1513 EX+ (9-00)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Robert H Kalbach Sr
SCHEDULE J
BENEFICIARIES
FILE NUMBER
21 05 0011
1
NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY
TAXABLE DISTR I BUTIONS [include outright spousal distributions, and transfers
under Sec. 9116 (a) (1.2)]
Irene H. Kalbach
1 West Lawn Circle
Wormleysburg, PA 17043
RELATIONSHIP TO DECEDENT
Do Not List Trustee(s)
AMOUNT OR SHARE
OF ESTATE
NUMBER
I
Pavex, Inc. Retirement Plan; Irene
M. Kalbach, beneficiary
Inventory Value: 304,349.25
The Hartford Variable Annuity
#710507347( decedent's IRA; Irene
M. Kalbach ( beneficiary
Inventory Value: 38,725.81
Surviving Spouse
343,075.06
ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET
II NON-TAXABLE DISTRIBUTIONS:
A SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE
1
Robert H. Kalbach Trust A - Credit
Trust
404,152.48
2
Robert H. Kalbach Trust B -
Marital Trust
3,672,728.77
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
3W46AI 1.000
TOTAL OF PART 11- ENTER TOTAL NON.TAXABLE DISTRIBUTIONS ON LINE 13 OF REY.1500 COYER SHEET
(If more space IS needed, insert additional sheets of the same size)
$
4,076 881. 25
"
Estate of: Robert H Kalbach, Sr.
Schedule J Part 1 (paqe 2)
Item
No. Description
2 Robert H. Kalbach, Jr.
6339 Creek View Road
Mechanicsburq, PA 17050
General Bequests: 145.08
2,500 Shares
2,500 shares common stock, Pavex,
Inc.
Inventory Value: 540,475.00
250 Shares
250 shares common stock Freedom
Equipment, Inc.
Inventory Value: 167,417.50
Son
3 Richard C. Kalbach
3 Manassas Court
Mechanicsburq, PA 17050
General Bequests: 145.08
Son
186-24-2216
Relation
Amount
708,037.58
145.08
IYll::.l 1 1::., ~Yl"\.l"'w c.x; VY\J'V.L.I.::JILJJ::.
ATTORNEYS AT LAW
HARRISBURG, PENNiiYLVANIA 17110-0950
Last Will and T estam.ent
OF
ROBERT H. KALBACH
I, ROBERT H. KALBACH, of the Borough ofWormleysburg,
Cumberland County, Pennsylvania, do make, publish and declare this to be my Last
Will and Testament, hereby revoking all Wills and Codicils by me at any time made.
ITEM I: I direct that all inheritance and estate taxes
(other than generation-skipping tax) becoming due by reason of my death, whether
payable by my estate or by any recipient of any property, shall be paid by the
Executor out of the residue of my estate, as an expense and cost of administration of
my estate. The Executor shall have no duty or obligation to obtain reimbursement
for any such tax so paid, even though on proceeds of insurance or other property not
passing under this Will.
ITEM II: I direct the Executor to pay the expenses of
my last illness and funeral expenses from the residue of my estate as an expense and
cost of administration of my estate.
ITEM III: I give all automobiles, personal and household
effects and other tangible personal property owned by me at my death, together with
all insurance thereon, to my wife, IRENE M. KALBACH, if she survives me by 30
days. If my wife fails to survive me by 30 days, such tangible personal property shall
be distributed in shares of approximately equal value to such of my sons,
ROBERT H. KALBACH, JR. and RICHARD C. KALBACH, as survive me by 30 days;
provided, however, that if either of my sons fails to survive me by 30 days, the share
to which he would have been entitled had he so survived me shall be distributed in
shares of approximately equal value to such of his children as so survive me; and
Pagel --f\~
provided further, that ifboth of my sons fail to survive me by 30 days, such items
shall be distributed in shares of approximately equal value to such of my
grandchildren as so survive me.
In the event that a minor grandchild of mine becomes entitled to any
items of tangible personal property, such items may be delivered to the grandchild or
to an adult with whom the grandchild resides at such time or times, whether before
or at majority, as my Executors may think appropriate, and the receipt of the
grandchild or of such adult shall discharge the Executors from all further liability
with respect thereto.
ITEM IV: I give and bequeath all of my shares of stock
of Pave x, Inc. and Freedom Equipment, Inc. to my son, ROBERT H. KALBACH, JR.,
ifhe survives me.
ITEM V: I give the residue of my estate, not disposed of
in the preceding portions of this Will, to my wife, IRENE M. KALBACH, and my son,
ROBERT H. KALBACH, JR., as Trustees (hereinafter collectively referred to as
"Trustee"), IN TRUST, to be divided into two parts, each of which shall constitute
separate trust funds to be known as "Trust A" and "Trust B".
"Trust A":
"Trust A" shall consist of a fraction of
my residuary estate. The numerator shall be a sum equal to the largest
amount that can pass free of Federal estate tax under my Will by reason
of the unified credit and the state death tax credit (provided that the use
of this credit does not require an increase in state death taxes) allowable
to my estate but no other credit and after taking account of dispositions
under other items of this Will and property passing outside of this Will
which do not qualify for the marital or charitable deduction and after
taking account of charges to principal that are not allowed as deductions
~W.~
Page 2e
..,....._"~ti,_,........-~ ,-~\~-tt
in computing my Federal estate tax. The denominator shall be the
value of my residuary estate. For purposes of establishing this fraction,
the values fmally fIxed in the Federal estate tax proceeding relating to
my estate shall be used. I recognize that the numerator of this fraction
may be zero (0), in which case no property shall pass to "Trust A". I
also recognize that the numerator may be affected by the action of the
Executor in exercising certain tax elections.
"Trust B": "Trust B" shall consist of the balance
of my residuary estate not placed in "Trust A".
ITEM VI:
The following provisions shall apply to Trust
"A":
(a) The Trustee shall pay to or for the benefit of my wife,
IRENE M. KALBACH, all of the net income of this Trust in convenient
installments, but not less frequently than annually. The Trustee shall
also pay to my wife, so much of the principal of this Trust as may be
necessary for the proper support, maintenance and medical care of my
wife.
(b) Upon the death of my wife, the Trustee shall pay over all of
the remaining assets, to one or all, or less than all of my issue, in the
amounts, and in the estates, in trust or otherwise, as my wife may
direct, making specific reference to this Power of Appointment, either
by written instrument filed with the Trustee during her lifetime or by
her Will.
In no event may this Power of Appointment be exercised in
favor of my wife, her estate or creditors of either.
Page 3
f~~~
_";r~.Jt~~~'r,;,.,~<j~l\~~,:~~~:::~~,.:~::,,,:,: _;_:;"+~.
,...."""'~4''''.
(c) Iftms Power of Appointment is not exercised by my wife,
in whole or in part during her lifetime, or in her Will, then upon the
death of my wife, the Trustee shall distribute the remaining
unappointed assets available for distribution as follows:
(1) The Trustee shall distribute to my son,
ROBERT H. KALBACH, JR., and LE TORT TRUST &
MANAGEMENT COMPANY, the lesser of the sum of
ONE MILLION ($1,000,000) DOLLARS, or ONE-THIRD
(l/Wd) of the remaining unappointed assets available for
distribution, IN TRUST NEVERTHELESS, for the
following uses and purposes:
A. The Trustee shall pay to or for
the benefit of my son, RICHARD C.
KALBACH (the "Beneficiary"), all of the net
income of this Trust in convenient
installments, but not less frequently than
annually. The Trustee shall also pay to the
Beneficiary so much of the principal of this
Trust as may be necessary for the proper
support, maintenance and medical care of the
Beneficiary .
B. Upon the death of the
Beneficiary, the Trustee shall pay over all of
the remaining assets, to one or all, or less
than all of the issue of the Beneficiary, in the
amounts, and in the estates, in trust or
otherwise, as my son may direct, making
IWl~~'z..
Page 4
'-. --'>"_''''''-''~-'''''''' ,.r...'~.""-~:':""'"
specific reference to this Power of
Appointment, either by written instrument
filed with the Trustee during his lifetime or
by his Will.
In no event may this Power of
Appointment be exercised in favor of the
Beneficiary, his estate or creditors of either.
C. If this Power of Appointment is
not exercised by the Beneficiary in whole or
in part during his lifetime, or in his Will, then
upon the death of the Beneficiary, the
Trustee shall divide the unappointed
principal into as many equal parts as there
are then living children of the Beneficiary and
then deceased children of the Beneficiary
represented by then living issue. The Trustee
shall distribute one share to each living child,
and shall hold one share as a separate Trust
for the benefit of the issue of each deceased
child, per stirpes.
D. In each Trust established for the
benefit of the issue of a deceased child of the
Beneficiary, the Trustee shall quarterly pay
the net income to or for the benefit of the
issue of such deceased child, per stirpes, living
at each time of quarterly distribution. As
soon as any issue of such deceased child
Page 5
...., "'"",,,,',',"".";f.:.''-'''''\p;.;<:.
. :"';1 "';'~;,,,..:,.;;,,\;;,..::"><.- ,0,:'.
~
,~,_ '_._' '__"~_'~'~ .< '''',' c..,_~,..-.,:__,~"_:,,,~,~.,''. "":,~ _~ ;":::-:-;"'..-. ~,.;g:.:~"~':-'.".~:"~'.' _":-;::':'
attains the age of twenty-one (21) years, and
in no event later than twenty (20) years
following the death of the Beneficiary, the
Trustee shall distribute the remaining
principal to the then living issue of such
deceased child, per stirpes.
(2) The balance of the remaining unappointed
assets available for distribution shall be distributed to my
son, ROBERT H. KALBACH JR. If he is not then living
but is survived by a then living widow, a portion of his
share shall be set aside as a separate Trust for her benefit,
as provided in paragraph (d) of this ITEM VI. The balance
of his share shall be paid to his then living issue, per
stirpes, or if no issue of his is then living; to my then living
issue, per stirpes.
Cd) The widow's portion of my son, ROBERT H. KALBACH,
JR.'s, share shall be the lesser of Ci) one-third (1/3) thereof or (ii) the
fraction 1/(N + 1), where "N" is the number of children of his then
living or then deceased but survived by then living issue. The widow's
portion shall be held as a separate Trust, and the income thereof shall
be paid to her at least quarterly for life. Upon the death of my son's
widow, the remaining principal shall be paid to his then living issue, per
stirpes, or if no issue of his is then living, to my then living issue, per
stirpes; provided, however, that if both of my sons were deceased upon
the death of the survivor of my wife and me, the remaining principal
shall instead be paid to my issue living upon my son's widow's death,
per stirpes.
Page 6
NfK
ITEM VII:
The following provisions shall apply to "Trust
B":
(a) Trustee shall, beginning at my death, pay over all of the
net income of this Trust in convenient installments, but not less
frequently than annually, to my wife, IRENE M. KALBACH, during her
lifetime. The Trustee shall also, from time to time, pay to my wife so
n:l.Uch of the principal of this Trust as may be necessary for the proper
support, maintenance and medical care of my wife.
(b) Upon the death of my wife, the Trustee shall pay all
accrued income and all income accumulated but undistributed to the
estate of my deceased wife. The Trustee shall thereafter transfer the
principal of this Trust to "Trust A" to be held, administered and
distributed in accordance with the provisions of ITEM VI of this Will.
(c) If my wife should not survive me, the provisions of "Trust
B" shall be void. The part of my estate which would have constituted
"Trust B" shall be added to "Trust A" to be disposed of in accordance
with ITEM VI of this Will.
(d) The Executor is authorized in the Executor's exclusive and
unrestricted discretion to determine whether to elect (under Section
2056(b)(7) of the Internal Revenue Code of 1986 as amended, or any
corresponding provision of the Federal estate law), to qualify all, none
or a fraction of "Trust B" for the Federal estate tax marital deduction.
The Executor's decision with respect to this election shall be binding
upon all persons. Only property which is fully eligible for the marital
deduction under Federal estate tax law shall be assigned to this Trust.
Notwithstanding anything to the contrary contained in this Will, the
Page 7
-~
~.......,.
Trustee shall not retain or invest in any property which is or becomes
unproductive. Notwithstanding the provisions of subparagraph (b) of
this Item, the Trustee shall promptly pay to the Executor of my wife's
estate, out of the principal of this Trust upon the death of my wife, an
amount equal to the estate, inheritance, transfer, succession and other
death taxes ("death taxes"), Federal, state and other, payable by reason
of the inclusion of the value of Trust property in my wife's estate. This
payment shall equal the amount by which (1) the total of the death
taxes paid by my wife's estate exceeds (2) the total of the death taxes
which would have been payable if the value of the Trust property had
not been included in her estate. My wife's Executor shall determine the
amount payable, and the determination shall be fInal. The
determination of the amount due shall be based upon values as finally
determined for Federal estate tax purposes in my wife's estate. Mter
payment of the amount determined to be due hereunder, the Trustee
shall be discharged from any further liability with respect to payment.
My wife may waive her estate's right to payment under this
subparagraph by Will, executed after my death, in which she specifically
refers to this right. .
ITEM VIII: Tbe Executor and the Trustee shall each
possess the following powers, each of which may be exercised without court approval
and in a fiduciary capacity only:
(a) To retain any investments I have at my death, including
specifically those consisting of stock of any bank even if I have named
that bank as the Executor or Trustee.
(b) To vary investments, and to invest in bonds, stocks, notes,
real estate mortgages or other securities or in other property, real or
P~e8 ~~
, .
______~.~.~".-t'.._c"'...",.~';_:~~-;,;-';:::::;~;~;.. ,'_' '~. ,',
:;;,. "",~,,""-"'''''''
personal, without being restricted to so~called "legal investments", and
without being limited by any statute or rule of law regarding
investments by fiduciaries.
(c) In order to divide the principal of a Trust or for any other
purpose, including final distributions, the Executor and Trustee are
authorized to divide and distribute personal property and real property,
partly or wholly in kind, and to allocate specific assets among
beneficiaries and Trusts so long as the total market value of each share
is not affected by the division, distribution or allocation in kind. The
Executor and Trustee are each authorized to make, join in and
consummate partitions of lands, voluntarily or involuntarily, including
giving of mutual deeds, or other obligations, with as wide powers as an
individual owner in fee simple.
(d) To sell either at public or private sale real and personal
property severally or in conjunction with other persons, and to
consummate sale(s) by deed(s) or other instrument(s) to the
purchaser(s), conveying a fee simple title. No purchaser shall be
obligated to see to the application of the purchase money or to make
inquiry into the validity of any sale(s). The Executor and Trustee are
authorized to execute, acknowledge and deliver deeds, assignments,
options or other writings as necessary or convenient to any of the power
conferred upon the Executor and Trustee.
(e) To mortgage real estate, and to make leases of real estate.
CD To borrow money from any person, including the Executor
or Trustee, to pay indebtedness of mine or of my estate, expenses of
administration or inheritance, legacy, estate and other taxes, and to
Page 9
w~~
.. I.. .
..... .- '..'--. _.'_.~'''--'''''''''""'''.''''''''''-'--''"-'''-
assign and pledge assets of my estate or any Trust established by this
Will. This paragraph shall not be construed to authorize borrowing
from "Trust B".
(g) To pay all costs, taxes, expenses and charges in connection
with the administration of my estate or any Trust established under
this Will. If any death taxes are payable with respect to my estate, these
taxes shall be paid from "Trust A" .
(h) To make distributions of income and of principal to the
proper beneficiaries, during the administration of my estate, with or
without court order, in such manner and in such amounts as the
Executor deems prudent and appropriate.
(i) To vote shares of stock which form a part of my estate or
any Trust established under this Will, and to exercise all the powers
incident to the ownership of stock.
(j) To unite with other owners of property similar to property
in my estate to carry out plans for the reorganization of any company
whose securities form a part of my estate.
(k) To disclaim any interest in property which would devolve
to me or my estate by whatever means, including but not limited to the
following means: as beneficiary under a will, as an appointee under the
exercise of a power of appointment, as a person entitled to take by
intestacy, as a donee of an inter vivos transfer, and as a donee under a
third-party beneficiary contract.
Page 10
rv4K
11 ., .
'-.~.'. ......,.~..:."'~'~...!.,~",.;,~;;~..:.;;;/.\;:.~':-..,. "'~'.-,,':, ".i""
(1) To prepare, execute and file tax returns of any type
required by applicable law, and to make all tax elections authorized by
law.
(m) To employ custodians of property, investment or business
advisors, accountants and attorneys as the Executor or Trustee deems
appropriate, and to compensate these persons from assets of my estate
or trust, without affecting the compensation to which the Executor and
Trustee are entitled.
(n) To divide any Trust created in this Will into two or more
separate Trusts so that inclusion ratio for purposes of the generation-
skipping transfer tax shall be either zero or one, in order that an
election under Section 2652(a)(3) of the Internal Revenue Code may be
made with respect to one of the separate Trusts, or for any other reason.
(0) To do all other acts in their judgment necessary or
desirable for the proper and advantageous management, investment and
distribution of the estate and Trusts established under this WilL
ITEM IX: No part of the income or principal of any
Trust created by this Will shall be subject to attachment, levy or seizure by any
creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary prior
to his or her actual receipt of income or principal distributed. The Trustee shall pay
the net income and the principal to the beneficiaries specified by me, as their
interests may appear, without regard to any attempted anticipation, pledging or
assignment, and without regard to any claim or attempted levy, attachment, seizure
or other process against the beneficiary.
ITEM X: If a beneficiary under the age of twenty-one
(21) years is entitled to receive assets under this Will, the Executors shall receive
Page 11
~*-
... I, .
c.'''.".:,.,.'''._.....o-.i;;.:..,.(./.
those assets as Custodian for the beneficiary under the Pennsylvania Uniform
Transfers to Minors Act. The Custodian may receive and administer all assets
authorized by law, and shall have full authority as provided in the Pennsylvania
Uniform Transfers to Minors Act to use assets in the manner the Custodian deems
advisable for the best interests of the beneficiary.
ITEM XI: Any person, other than my wife, who has died
within thirty (30) days of my death, or under such circumstances that the order of
our deaths cannot be established by proof, shall be deemed to have predeceased me.
If my wife and I die simultaneously, or under such circumstances that the order of
our deaths cannot be established by proof, my wife shall be deemed to have survived
me. Any person (other than myself) who has died at the same time as any then
beneficiary under this Will or in a common disaster with that beneficiary, or under
such circumstances that the order of deaths cannot be established by proof, shall be
deemed to have predeceased that beneficiary.
ITEM XII: I hereby nominate, constitute and appoint my
wife, IRENE M. KALBACH, and my son, ROBERT H. KALBACH, JR., to be the
Executors, collectively referred to as "Executor". The Executor, Trustee and
Guardian are specifically relieved from the obligation of filing bond or entering
security.
Each individual Executor and Trustee acting hereunder (however
appointed) shall have the right to appoint his or her successor, with one or more
alternates in a specified order of priority. Thereafter, if the Executor or Trustee for
any reason ceases to act, the first such designated successor who can and will act
shall be the successor. Any Executor or Trustee may from time to time alter his or
her designation before it takes effect, and the designation by a successor acting
hereunder shall supersede any designation of alternates made by a prior Executor or
Trustee. If any Executor or Trustee fails to qualifY or thereafter ceases to act
~~ ~
... .t. .
without having effectively designated his or her successor, the successor shall be such
person as the other then acting Trustee or Trustees may appoint; or if there is no
other then acting Trustee, such person as a majority of my then living adult
descendants may appoint.
IN WITNESS WHEREOF, I have set my hand and seal to this, my Last
,
Will and Testament, consisting of this and the preceding twelve (12) pages, at the end
of each page of which I have also set my initials for greater security and better
identification this 2/Sr day of ~ ' 2004.
~J J4 ~J1:~
ROBERT H. KALBACH
c.. -
(SEAL)
We, the undersigned, hereby certify that the foregoing Will was signed,
sealed, published and declared by the above-named Testator as and for his Last Will
and Testament, in the presence of us, who, at his request and in his presence and in
the presence of each other, have hereunto set our hands and seals the day and year
flrst above written, and we certify that at the time of the execution thereof, the said
Testator was of sound and disposing mind and memory.
~?h ,~ (SEAL)
Residing at I 1<) 04i..~ ~
UJ~J/~ 17,10/'3
Residing at ~n' ~er~v/~ ,e) .
/1(~e#A.JJ/CJ~;e..? / g (/o.s-o
/~ (SEAL)
(SEAL)
Residing at
289233vl
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT. 280601
HARRIS8URG, PA 17128-0601
REV-1162 EX(11-96)
RECEIVED FROM:
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
NO. CD 005689
METTE HOWELL C
POBOX 5950
3401 N FRONT ST
HARRISBURG, PA 17110-0950
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
u______ fold
101
$13.03
ESTATE INFORMATION: SSN: 186-24-2216
FILE NUMBER: 2105-0011
DECEDENT NAME: KALBACH ROBERT H
DATE OF PAYMENT: 08/15/2005
POSTMARK DATE: 08/12/2005
COUNTY: CUMBERLAND
DATE OF DEATH: 11/17/2004
TOTAL AMOUNT PAID:
$13.03
REMARKS:
CHECK#1017
SEAL
INITIALS: JA
RECEIVED BY:
GLENDA FARNER STRASBAUGH
REGISTER OF WILLS
REGISTER OF WILLS