HomeMy WebLinkAbout01-17-06 (2)
REV-1737..~ EX (S-OO)
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FILE THIS RETURN WITH:
COMMONWEALTH OF
PENNSYLVANIA
DEPARTMENT OF REVENUE
DEPT. 280601
HARRISBURG, PA 17128-0601
REV.1737.A
INHERITANCE TAX RETURN
NONRESIDENT DECEDENT
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DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL)
Lahar Elton B.
DATE OF DEATH (MM-DD-YEAR)
DATE OF BIRTH (MM-DD-YEAR)
04/20/2005 12/24/1920
(IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL)
[X] 1. Original Return
D 4. Limited Estate
D 6. Decedent Died Testate (Attach copy of Will)
D 9. Litigation Proceeds Received
D 2. Supplemental Return
D 4a. Future Interest Compromise (date of death after 12-12-82)
D 7. Decedent Maintained a Living Trust (Attach copy ofTrust)
D 10. Spousal Poverty Credit (date of death between 12-31-91 and 1-1-95)
OFFICIAL USE ONLY
FILE NUMBER
-0 5 004 1 0
COuNTY"Co5E ---VEAR- - - NuMaER--
SOCIAL SECURITY NUMBER
o 02- 1 4 - 6 1 6 9
SOCIAL SECURITY NUMBER
D 3. Remainder Return (date of death prior to 12-13-82)
D 5. Federal Estate Tax Return Required
_ 8. Total Number of Safe Deposit Boxes
D 11. Election to tax under Sec. 9113(A) (Attach Sch 0)
THIS SECTION MUST BE COMPLETED. ALLCORRESPONDENCEANDCONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO:
NAME COMPLETE MAILING ADDRESS
Theresa L. Shade Wix Es uire 4705 Duke Street
FIRM NAME (If Applicable)
Wix, Wen er & Weidner
TELEPHONE NUMBER
717 652-8455 Harrisbur PA 17109
REFER TO METHOD OF COMPUTATION IN THE NONRESIDENT DECEDENT INSTRUCTION BOOKLET (REV-1736)
Check One: [R] Flat Rate 0 Proportionate (Complete Worksheet on Reverse Side)
METHOO
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1. Real Estate (Schedule A)
2. Stocks and Bonds (Schedule B)
3. Closely Held Corporation, Partnership or Sole-Proprietorship
(Schedule C)
4. Mortgages & Notes Receivable (Schedule D) (4)
5. Cash, Bank Deposits & Miscellaneous Personal Property (5)
(Schedule E)
(1)
(2)
(3)
6. Jointly Owned Property (Schedule F) (6)
D 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 I) (10)
11. Total Deductions (total Lines 9 & 10)
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)
14. Net Value Subjectto Tax (Line 12 minus Line 13)
(8)
(11)
(12)
(13)
(14)
94,537.02
OFFICIAL USE ONLY
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13,887.89
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108,424.91
67,373.45
67,373.45
41,051.46
WHEN PROPORTIONATE METHOD IS ELECTED, REFER TO WORKSHEET ON REVERSE SIDE FOR AMOUNTS TO BE ENTERED ON LINES 15 THRU 18,
41,051.46
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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)
0.00 X .0_ (15)
39,693.28 X .045 (16)
1 ,358.18 X .12 (17)
0.00 X .15 (18)
(19)
0.00
1,786.20
162,98
0.00
1,949.18
QJ-
20. D
CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
> > B.ESURE TO ANSWERALL QUESTIONS ON REVERSE SIDE AND RECHECK MATH < <
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. Make check payable to Commonwealth of PA
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REV-1737-1 EX + (9-00)
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
DEPT. 280601
HARRISBURG, PA 17128-0601
This affidavit must be completed and sworn to by a person having personal knowledge of these
facts, preferably by a surviving spouse or member of the decedent's family.
Date of Death
04/20/2005
NONRESIDENT DECEDENT
AFFIDAVIT OF DOMICILE
Name of Decedent
Lahar, Elton B.
Legal Address at Time of Death:
Street Address
City/Borough
Carlisle
State
3761 Spring Road
PA
Zip Code
17013
The following information is submitted in support of the statement that the above individual was
not domiciled in the Commonwealth of Pennsylvania at the date of death.
1. Names and addresses of the decedent's surviving spouse and members of his/her immediate family:
Name and relationship to decedent
Kimberly L. Lahar
Street Address
2601 N. Old Stage Road, #15,
Name and relationship to decedent
Craig Lahar
Street Address
6445 Gallop Road
Name and relationship to decedent
Jeff Lahar, 488 Quail Ridge Road, Fincaster, VA 24090
Street Address
488 Quail Ridge Road
2. Did the decedent ever live in Pennsylvania?
If yes, during what periods?
May 2001 to April 2005
City/Borough
Mt. Shasta
Daughter
State Zip Code
CA 96097
City/Borough
Harrisburg
Son
State
PA
Zip Code
17111
City/Borough
Fincaster
IX
Yes
Son
State
VA
No
Zip Code
24090
3. Did the decedent spend time in Pennsylvania during the five years preceding death?
If yes, during what periods and at what address?
May 2001 to April 2005 - 3761 Spring Road, Carlisle, PA
IX Yes
No
4. What was the nature of decedent's places of residence during the five years immediately preceding death?
Indicate whether decedent resided in a house or apartment and whether it was rented or owned by the decedent, and/or whether decedent resided in a hotel
or the home of relatives or friends.
From May to October 2001, decedent rented an apartment. On October 31, 2001 the decedent bought a home
at 3671 Spring Road, Carlisle, PA which property he intended to resell and then move back to California.
5. Was the decedent employed during the five years preceding death? C Yes ex No
If yes, list the name and address of employer(s).
6. Did the decedent leave a will? iXl Yes No
If yes, state the court which admitted the will to probate, the date admitted, and attach a copy, including all codicils, and a certificate of issuance of
letters testamentary.
On May 3, 2005 the Register for Cumberland County, Carlisle, PA issued Letters Testamentary
7. If the decedent did not leave a will, has an administrator of his estate been appointed? C Yes ~ No
If yes, state the court which appointed the administrator, the date of appointment, and attach a certificate of the issuance of letters of administration.
Not Applicable
8. At any time during the last five years did the decedent execute a will, a codicil, trust indenturE!, deed, mortgage, lease or any other document in which
the decedent was described as a resident of Pennsylvania? -. i Yes [Xl No
If yes, describe such document.
NONRESIDENT DECEDENT AFFIDAVIT OF DOMICILE (continued) Page 2
9. Had the decedent paid a tax on income or on intangible property to any state, county, or municipality during the last five years?
If yes, where and when was it paid? x: Yes i No
The decedent filed income taxes as a California resident and mailed his taxes to Franchise Tax Board, P.O.
Box 942867, Sacramento, CA 94267
10. To what regional office ofthe Internal Revenue Service did the decedent forward his Federal Income Tax returns during the last five years
preceding death?
The Austin Service Center
11. At the time of death, did the decedent own, individually or jointly, any interest in real property, including lease.holds or tangible personal property
located in Pennsylvania? XI Yes [] No
If yes, describe the property in detail.
The decedent owned the property located at 3671 Spring Road, Carlisle, PA 17013
12. In what business activities was the decedent engaged during the last five years preceding death?
Indicate whether decedent was employed or otherwise engaged in business, and state the names and the addresses of the persons, firms or corporations with
which the decedent had such business affiliations. (Except for employer listed in #5)
None
13. What is the estimated gross value of the decedent's estate, wheresoever situated, exclusive of real property and tangible property located outside
of Pennsylvania?
Approximately $780,000.00
14. At the time of death, did the decedent own or operate an automobile? eYes
If yes, in which state was it registered?
XI No
15. At the time of death, was the decedent a member of a church or any other organization?:::J Yes
If yes, provide the name and address of the church or any other organization.
Xi No
16. State the purpose or reason the decedent owned real property in Pennsylvania.
The decedent owned real property in Pennsylvania for an investment opportunity.
17. Include any other information you wish to submit in support ofthe contention that the individual was not domiciled in Pennsylvania at the time
of death. If more space is needed, insert additional sheets of same size.
The decedent did not vote in Pennsylvania nor did the decedent have a Pennsylvania driver's license. It
was the intent of the decedent to return to California but various health and medical problems delayed his return
to California.
Continued on a Separate Page
Name of person completing affidavit
Relationship to decedent
Kimberl L. Lahar
Street Address
Dau hter
2601 N. Old Stage Road, #15
City
Mt. Shasta
State
Zip Code
CA
96097
Under penalties of perjury, I declare that based on my personal knowledge of the decedent, the
information provided on this form is true, correct and complete.
Signature of peJson completing aff' avit Date
~. /2. -"1.,,J" ~C)~
Continuation of REV-1737-A Inheritance Tax Return Nonresident Decedent
Lahar. Elton B.
05 00410
Page 1
17. Information Supporting that the Decedent Was Not Domiciled in Pennsylvania at the Time of Death
On April 20, 2005, the date of the decedent's death, Kimberly Lahar, the decedent's daughter, was coming to
Pennsylvania from California in order to pick up her father and take him home to California. Due to the decedent's
deteriorating health condition he was unable to travel alone. Kimberly Lahar had already left her home and was on
her way to Pennsylvania when the decedent's death occurred.
The majority of the decedent's finances and financial matters were managed in California by his daughter,
Kimberly Lahar
INVENTORY
Estate of Elton B. Lahar
No.
05
00410
, Deceased
Date of Death 4/20/2005
Social Security No. 002-14-6169
also known as
Personal Representative(s) of the above Estate, deceased, verify that the items appearing in the following inventory include all of the
personal assets wherever situate and all of the real estate in the Commonwealth of Pennsylvania of said Decedent, that the valuation
placed opposite each item of said inventory represents its fair value as of the date of the Decedent's death, and that Decedent owned no
real estate outside the Commonwealth of Pennsylvania except that which appears in a memorandum at the end of this inventory. I/We
verify that the statements made in this inventory are true and correct. I/We understand that false statements herein made are subject to the
penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
Name of
Attorney: Theresa L. Shade Wix, Esquire
P7:;ep9:~ / 8w'*'><
I.D. No.:
43089
Address: 4705 Duke Street
Harrisburg
Telephone: (717) 652-8455
Dated
J;J- - ;2fr - 0")
PA 17109
Description
3761 Spring Road, Carlisle, Pennsylvania
Value
50,000.00
Allstate Insurance payment for dwelling coverage for fire at
3761 Spring Road, Carlisle, Pennsylvania on April 15, 2005
44,537.02
Personal Property of Decedent
13,887.89
Total
(Attach Additional Sheets if necessary)
108,424.91
NOTE: The Memorandum of real estate outside the Commonwealth of Pennsylvania may, at the election of the personal representative,
include the value of each item, but such figures should not be extended into the total of the Inventory.
RW-4
REV-1737-2 EX + (9-0(*
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
NONRESIDENT DECEDENT
ESTATE OF
SCHEDULE A, PART 1
REAL ESTATE
IN PENNSYLVANIA
FILE NUMBER
Lahar, Elton B. 05 00410
Part 1 must include all real property owned by the decedent individually or as a tenant in common with another party(ies), having its
situs in Pennsylvania. Property which is jointly-owned with right of survivorship should be disclosed on Schedule F. All real estate
must be reported at fair market value which is defined as the price at which property would be exchanged between a willing buyer and
a willing seller, neither being compelled to buy or sell, both having reasonable knowledge of the relevant facts.
ITEM
NUMBER DESCRIPTION VALUE AT DATE OF DEATH
1. 3761 Spring Road, Carlisle, Cumberland County, Pennsylvania 50,000.00
(Owned by Elton B. Lahar, now deceased. The Estate of Elton B. Lahar by its
Executrix, Kimberly Lahar, conveyed said property unto Matthew J. Rutkowski and
Martin P. Rutkowski on July 26,2005.)
(See Schedule A, Exhibit 1)
2. Payment from Allstate Insurance Company for dwelling coverage for fire 44,537.02
loss to property located at 3761 Spring Road, Carlisle, Pennsylvania on
April 15, 2005
(See Schedule A, Exhibit 2)
PART 1 TOTAL
$ 94,537.02
PART 2 TOTAL
Proportionate Method Only from reverse side $
TOTAL (Also enter on line 1, Recapitulation) $ 94,537.02
(If more space is needed, insert additional sheets of the same size)
)
i1-
,1:j'?
3" fif1 ,,~'-~
TAX PARCEL NO.: 21-04-0373-026
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MADE THE ~q I DAY OF
THOUSAND ONE (2001)
THIS DEED
ctC.C
'OlNOU 2 Arl8~~
, IN THE YEAR TWO
BETWEEN:
James S. Hostetter and Margaret L. Hostetter, His Wife,
GRANTORS
AND
Elton B. Lahar
GkANTEE
WITNESSETH, that in consideration of the sum of Eighty-nine Thousand five hundred
($89,500.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said
grantors do hereby grant and convey to the said grantees, their heirs and assigns:
ALL THAT CERTAIN parcel of ground situate in the Township of Middlesex, Cumberland
County, Pennsylvania, bounded and described pursuant to the Deed Plot as parepared by John S.
Shambaugh, P.E. ofFPE Consulting Engineers, Dillsburg, Pennsylvania, dated May 5, 1994, as
follows:
BEGINNING at an iron pin found along the boundary line between said property and the Church
of the Brethren, South 52 degrees, 43 minutes, 14 seconds East along lands now or formerly of
said Church of the Brethren and along lands now or formerly of Daniel Roebuck, 370.98 feet to
an iron pin; thence North five degrees, 19 minutes, 28 seconds West along lands now or
formerly of Lester Wetzel 73.09 feet to an iron pin; thence North 42 degrees, 28 minutes, 44
seconds West along lands now of formerly ofJames S. and Margaret L. Hostetter, a distance of
419.39 feet to a point along Pennsylvania Legislative Route 34; thence South 42 degrees 31
minutes 54 seconds West along said Pennsylvania Legislative Route 34, a distance of 128.91 feet
to a point along Pennsylvania Legislative Route 34 at the property of the Church of the Brethren;
thence 52 degrees 43 minutes 14 seconds East along lands of said Church of the Brethren, a
distance of 103 feet to an iron pin, the Place of Beginning, Containing 39,678.92 square feet or
.911acres, more or less.
IT BEING the same premises which Hazel B. Miller, formerly Hazel B. Hostetter and Jane
Humer by their deed of June 30t\ 1994, and recorded in Cumberland County Records in Deed
Book 107 at page 809, granted and conveyed unto James S. Hostetter and Margaret L. Hostetter,
his wife, Grantors herein.
AND the said Grantor(s) do hereby WARRANT SPECIALLYthe property hereby conveyed.
800K 249 fAGE 236
Schedule A, Exhibit ~
IN WITNESS WHEREOF, said Grantor(s) havelhas hereunto set their hands and seals the day
and year first above written.
~
7)"'PJ00--1 LJm;v.r
u .'
/90,m,;J--JqU~EAL)
() James S. Hostetter
I./h -.0 ,,,) 1. .-h-rt4:
// n2l}'. p /. t .--;;f ,,- '/<v~Eii~L-'
argaret L. Hostetter
/
Ct~~~befl.~r":d CDUftty Recarde( -::f ,}:-~'i~
Instrument . 1",.-'
~:ecei::.tF. 351555
In";.tr# 2001...03SB49 : .t/\~2/2t:;~j 1
i~e!l3rk5: TF~I -COUNTY
LAHAF~
DEED
DEED - ~RIT
DEED - xTr STATE
Cfj~BEF~LAND tJi~LLEY
i',IDDLESEX TWP
;j'/J:I .
&":;'7 J':"
U'-~':' ,.:
[,E~D - ~/H
CO IMF:EOVEMfNT FND
PEel! Ii'~PRt)HT FUND
CheckH .3254
Check# 3248
Check# 3249
"TJtal !~2(eiYed~s::~I:
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800K 249 PACE 237
COMMONWEAL TH OF PENNSYLVANIA:
/1 '.' Cf": ss
COUNTY OF U/y10L~L.?';L
t-
On this the a I ) day of QC!.~-r-- ,2001, before me, a Notary Public, the
undersigned officer, personally appeared:
JAMES S. HOSTETTER and MARGARET L. HOSTETTER, his wife
known to me, or satisfactorily proven to be the person(s) whose Name(s) is/are subscribed to the
within instrur.lent, and acknowledged that they executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
1
I .
\ 'Ct~A- eL:l..- );,1 rilLi . .-
.,NOTARY PUBLIC
MY COMMISSION EXPIRES;
Not:lrial Seal ;J
Glenda M. vVethingtorJ, Notary PUb. lie
Camp Hill Bora, Cumberland County
My Commission Expires Dee. 27, 2002
...---
~1erllb9r, fJennsyivanLJ As:;ccia'uGn c: No~ari8S
CERTIFICATE OF RESIDENCE
I he. reby certify~h~ pr~cise residenge of t~ Grantee( s) herein ~/~ follows:
~=J 1 (y I ~,.1Jl)vvv\.l I~ c\ I L CCA__Li .~ k-( I .., c\._ 176 {_~
~ / / t
_/( VI' '- 0 / , Ct, C--J 'fcc;-e - f
Attorney/ 'gent fi' r Gra~e(s) , ~
Office of the Recording of Deeds in and for CUMBERLAND County,. Pennsylvania,
Recorders' Certificate:
C '{' ,. ,
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BOO~ 249 PAGE 238
DEED
Tax Parcel No. 21-04-0373-026
Made the;). r ~ay of j u.-l '( , in the year of our Lord Two Thousand Five (2005)
Between Kimberly L. Lahar, Executrix of the Estate of Flton B. Lahar. party of
the first part ("Grantor") ~ .k.~ ~ tJ..4
{7 '/~ . ..
~tJ ..~ Idp
:>~ ~"
~/~-U(~
AND
Matthew J. Rutkowski and Martin P. Rutkowski,
parties of the second part ("Grantees")
WHEREAS, the said Elton B. Lahar became in his lifetime ~vl.;;JV"'; ... .~~, _.~_.._. .
certain lots or pieces of ground, situate in the Township of Middlesex, County of
Cumberland and State of Pennsylvania, and more particularly described hereinafter;
and
WHEREAS, the said Elton B. Lahar departed this life on April 20, 2005 after having first
made his Last Will and Testament in writing, dated November 21, 1997;
WHEREAS, the said Last Will and Testament was duly probated and filed in the Office
of the Register of Wills of Cumberland County on May 3, 2005; and
WHEREAS, Elton B. Lahar by said Last Will and Testament appointed as Executrix
Kimberly J. Lahar. Kimberly J. Lahar was granted Letters Testamentary which were
duly issued by the said Register of Wills on May 3, 2005 as in and by said Will and
~ecords of sai9.Re,9ister of Wills, recourse thereunto being had, appears; ~
;. . w,!~, fit.(~~ ~J1IM.4tIJf~ ~.
11t ITNESSETH; Tnat the said Grantor for and in consideration of the sum of FIFTY
'. <:, uJ THOUSAND and 00/100 ($50,000.00) DOLLARS, lawful money of the United States,
~ unto Grantor well and truly paid by the said Grantees at and before the sealing and
delivery hereof, the receipt of which is hereby acknowledged, by virtue of the power
granted by law, Grantor granted, bargained, sold, aliened, released and confirmed, and
by these presents does grant, baraain, sell, alien, release and confirm unto the said
Grantees, Grantees' heirs and assigns,
ALL THAT CERTAIN parcel of ground situate in the Township of Middlesex,
Cumberland County, Pennsylvania, bounded and described pursuant to the Deed Plot
as prepared by John S. Shambaugh, P.E. of FPE Consulting Engineers, Dillsburg,
Pennsylvania, dated May 5, 1995 as follows, to wit:
BEGINNING at an iron pin found along the boundary line between said property and
the Church of the Brethern, south fifty-two degrees (520) forty-three minutes (43"),
fourteen seconds (14') east along lands now or formerly of said Church of the Brethren
and along lands now or formerly of Daniel Roebuck, three hundred seventy and ninety-
eight hundreds feet (370.98') to an iron pin; thence north five degrees (50), nineteen
minutes (19") twenty eight seconds (28') west along lands now or formerly of Lester
Wetzel seventy-three and nine hundredths feet (73.09") to an iron pin; thence north
forty-two degrees (420) twenty-eight minutes (28") forty-four seconds (44') west along
lands now or formerly of James S. and Margaret L. Hostetter, a distance of four
hundred nineteen and thirty-nine hundredths feet (419.39") to a point along
Pennsylvania Legislative Route 34; thence south forty-two degrees (420) thirty-one
minutes (31 ") fifty-four seconds (54') west along said Pennsylvania Legislative Route
34, a distance of one hundred twenty-eight and ninety-one hundredths feet (128.91 ") to
a point along Pennsylvania Legislative Route 34 at the property of the Church of the
Brethren; thence fifty-two degrees (520) forty-three minutes (43") fourteen seconds
(14'), east along lands of said Church of the Brethren, a distance of one hundred three
feet (103") to an iron pin, the place of BEGINNING, containing thirty-nine thousand six
hundred seventy-eight and ninety-two hundredths (39,678.92) square feet or .911
acres, more or less.
BEING THE SAME premises which James S. Hostetter and Margaret L. Hostetter, his
wife by their Deed dated October 31, 2001, and recorded in the Cumberland County
Recorder of Deed's Office in Deed Book 249, Page 236, granted and conveyed to Elton
B. Lahar.
TOGETHER with all and singular ways, waters, water courses, rights, liberties,
privileges, hereditaments and appurtenances whatsoever thereunto belonging, or in
anywise appertaining and the reversions and remainders, rents, issues and profits
thereof; and also all the estate, right, title, interest, use, trust, property, possession,
claim and demand whatsoever of Grantor, in law, equity or otherwise, of, in, to, or out of
the same.
TO HAVE AND TO HOLD the said hereditaments and premises hereby granted and
released, or mentioned and intended so to be, with the appurtenances unto Grantees,
Grantees' heirs and assigns, to and for the only proper use and behoof of the said
Grantees, Grantees' heirs and assigns, forever.
AND the Grantor, for Grantor, and Grantor's heirs, executors and administrators, does
covenant, promise and agree, to and with the said Grantees, and assigns, by these
presents, that it, the said Grantor, has not done, committed, or knowingly, or willingly
suffered to be done or committed, any act, matter or thing whatsoever whereby the
premises hereby granted, or any part thereof, is, are, shall or may be impeached,
charged or encumbered, in title, charge, estate or otherwise howsoever.
In Witness Whereof, the Grantor has hereunto set her hand and seal the day
and year first above written.
it-
State of California
SS.:
County of
On this, the _ day of , 2005, before me, a Notary
Public, the undersigned officer, personally appeared Kimberly J. Lahar, Executrix of the
Estate of Elton B. Lahar, known to me (or satisfactorily proven) to be the person whose
name is subscribed to the within deed and acknowledged that she executed the same
for the purposes therein contained.
In Witness Whereof, I hereunto set my hand and official seal.
Notary Public
My Commission Expires:
I Hereby Certify that the precise residence of the Grantees herein is as follows:
Attorney for Grantees
o
o
MB N .2502-0265 ,r
A. B. TYPE OF LOAN:
U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT 1.DFHA 2.oFmHA 3. DCONv. UNINS. 4.oVA 5.0CONV INS.
6. FILE NUMBER: 17. LOAN NUMBER:
SETTLEMENT STATEMENT RUT236-05
8. MORTGAGE INS CASE NUMBER:
C. NOTE: This form is furnished to give you a statement of actual selt/ement costs. Amounts paid to and by the selt/ement agent are shown.
lIems marked -{POer were paid outside the closing; they are shown here for informational purposes and are not included in the totals.
1.0 3mB (R\ J T 230-05, P FaiR U T216 -05!.1)
D. NAME AND ADDRESS OF BUYER: E. NAME AND ADDRESS OF SELLER: F. NAME AND ADDRESS OF LENDER:
MATTHEW J. RUTKOWSKI and ESTATE OF ELTON B. LAHAR CASH
MARTIN P. RUTKOWSKI 3761 SPRING ROAD
44 DEVONSHIRE SQ. CARLISLE, PA 17013
MECHANICSBURG, PA 17050
G. PROPERTY LOCATION: H. SETTLEMENT AGENT I. SETTLEMENT DATE:
3761 SPRING ROAD CHARLES E. SHIELDS. III, ESQ.
CARLISLE. PA 17013 July 26. 2005
CUMBERLAND County, Pennsylvania PLACE OF SETTLEMENT
3414 CHESTNUT STREET
CAMP HILL, PA 17011
J. SUMMARY OF BUYER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION
100. GROSS AMOUNT DUE FROM BUYER: 400. GROSS AMOUNT DUE TO SELLER:
101. Contract Sales Price I 50,000.00 401. Contract Sales Price I 50,000.00
102. Personal Propertv I 402. Personal Prooerty !
103. Settlement Charaes to Buyer (Line 1400) I 1,105.25 403.
104. I 404.
105. I 405. I
Ad'ustments For Items Paid Bv Seller in advance Adiustments For lIems Paid Bv Seller in advance
106. City/Town Taxes 07/26/05 to 01/01/06 I 128.42 406. Citv/Town Taxes 07/26/05 to 01/01/06 128.42
107. County Taxes to 407. Countv Taxes to
108. SCHOOL TAX 07/26/05 to 07101106 841.37 408. SCHOOL TAX 07/26/05 to 07/01/06 I 841.37
109. 409. I
110. 410. I
111. I 411. !
112. I 412.
120. GROSS AMOUNT DUE FROM BUYER I 52,075.04 420. GROSS AMOUNT DUE TO SELLER 50,969.79
200. AMOUNTS PAID BY OR IN BEHALF OF BUYER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER:
201. Deposit or earnest monev 2,500.00 501. Excess Deoosit See Instructions) I
202. Principal Amount of New Loan(s) 502. Settlement Charges to SelleilLine 140m I 9,508.24
203. Existino loanls1 taken subiect to 503. Existina loan(s) taken sub'ect to
204. ! 504. Payoff of first Mortgage
205. ! 505. Pavoff of second Mortaaae
206. I 506. Deoosit retained bv seller 2,500.00
207. 507.
208. I 508.
209. I 509.
Adjustments For lIems Unoaid Bv Seller Adiustments For lIems Unoaid Bv Seller
210. City/Town Taxes to 510. Citv/Town Taxes to
211. CountvTaxes to I 511. Countv Taxes to !
212. SCHOOL TAX to 512. SCHOOL TAX 10 !
213. I 513.
214. I 514. I
215. I 515. I
216. I 516.
217. 517. I
218. I 518. I
219. I 519. I
220. TOTAL PAID BY/FOR BUYER I 2,500.00 520. TOTAL REDUCTION AMOUNT DUE SELLER I 12,00824
300. CASH AT SETTLEMENT FROM/TO BUYER: 600. CASH AT SETTLEMENT TO/FROM SELLER:
301. Gross Amount Due From Buver Line 120) 52,075.04 601. Gross Amount Due To Seller Line 420 I 50,969.79
302. Less Amount Paid By/For Buyer (Line 220) I( 2,50000) 602. Less Reductions Due Seller (Line 520) I( 12,008.24
303. CASH ( X FROM) ( TO) BUYER I 49,575,04 603. CASH ( X TO) ( FROM) SELLER I 38,961.55
I
The undersigned hereby acknowledge receipt of a completed copy of pages 1&2 of this statement & any attachments referred to herein.
I HAVE CAREFULLY REVIEWED THE HUD-1 SETTLEMENT STATEMENT AND TO THE BEST OF MY KNOWLEDGE AND BELIEF, IT IS A TRUE AND
ACCURATE STATEMENT OF ALL RECEIPTS AND DISBURSEMENTS MADE ON MY ACCOUNT OR BY ME IN THIS TRANSACTION. I FURTHER CERTIFY
THAT I HAVE RECEIVED A COPY OF STATEMENT. (\\,'\ 0 (j) 0 17 () i I / ' ~
Seller ,__~~ 0'" ....>J.J4J.)}.Ju f.,UvL)t'
ESTATEOFJfi~l(W,BI1LAH-t.1il Co /I l"7/
J'u,v CI~((&. ~uU.-Lv L.)(EL
MARTIN P. RUT OW SKI IF U /.
TO THE BEST OF MY KNOWLEDGE, THE HUD-1 SETTLEMENT STATEMENT WHICH I HAVE PREPARED IS A TRUE AND ACCURATE ACCOUNT OF THE
FUNDS WHICH WERE~ Ap H~E DISBURSED BY THE UNDERSIGNED AS PART OF THE SETTLEMENT OF THIS
TRANSACTION.
SETTLEMENT OFFICER
Settlement Agent
WARNiNG: IT IS A CRIME TO KNOWINGLY MAKE FALSE STATEMENTS TO THE UNITED STATES ON THIS OR ANY SIMILAR FORM. PENALTIES UPON
CONVICTION CAN INCLUDE A FINE AND IMPRISONMENT. FOR DETAILS SEE: TITLE 18 U.S. CODE SECTION 1001 & SECTION 1010.
..-:....
L. SETTLEMENT CHARGES
700. TOTAL COMMISSION Based on Price $ @ % PAID FROM PAID FROM
Division of Commissionl/ine 700! as Follows: BUYER'S SllLurs
701. $ to FUNDS AT FUNDS AT
702. $ to SETTLEMENT SETTLEMENT
703. Commission Paid at Settlement
704. TRANSACTION FEE to
800. ITEMS PAYABLE IN CONNECTION WITH LOAN
801. Loan Oriainatian Fee % to
802. Loan Discount % to
803. Appraisal Fee to
804. Credit Report to
805. Lende~s Inspection Fee to
806. Mortaaae Ins. ADD. Fee to
807. Assumption Fee to
808.
809.
810.
811.
900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE
901. Interest From to @ $ /day ( days %j
902. MIP Totlns. for LifeOfLoan for months to .
903. Hazard Insurance Premium for 1.0 years to
904.
905.
1000. RESERVES DEPOSITED WITH LENDER
1001. Hazard Insurance months $ ner month
1002. Mortaaae Insurance months $ ner month
1003. CitvfTown Taxes months ~ $ per month
1004. County Taxes months ~ $ per month
1005. SCHOOL TAX months @ $ per month
1006. months (cj) $ oer month
1007. months @ $ per month
1008. AGGREGATE ESCROW ADJUSTMEI months Ii'il $ ner month
1100. TITLE CHARGES
1101. Settlement or Closina Fee to
1102. CLOSING PROTECTION LETTER to FIRST AMERICAN TITLE INSURANCE COMPANY
1103. 60 YEAR SEARCH & HUD PREP to TRI-COUNTY ABSTRACT SERViCE POC: $150.00
1104. Title Insurance Binder to
1105. Document Preparation to WI X, WENGER & WEIDNER DEED 100.00
1106. Notarv Fees to CASH 6.00
1107. Attorney's Fees to CHARLES E. SHIELDS, III, ESQ. 368.75
{includes above item numbers:
1108. Title Insurance to TRI-COUNTY ABSTRACT SERVICE AGENT 190.00
(includes above item numbers: )
1109. Lende~s Coverage $
1110. Owner's Coverage $ 50,000.00 190.00
1111. ENDORSEMENTS
1112.
1113.
1200. GOVERNMENT RECORDING AND TRANSFER CHARGES
1201. Recording Fees: Deed $ 40.50; Mortgage $ Releases $ 40.50
1202. City/County Tax/Stamos: Deed 500.00' Mort ane 500.00
1203. State Tax/Stamps: Revenue Stamps 500.00; Mortaaae 500.00
1204.
1205. OVERNIGHT/COURIER FEES
1300. ADDITIONAL SETTLEMENT CHARGES
1301. Survey to
1302. Pest Inspection to
1303. 2005 SCHOOL TAXES to PENNY DAVIS, TAX COLLECTOR 21-04-0373-026 903.24
1304. TAX CERTIFICATION FEE to TRI-COUNTY ABSTRACT SERVICE 5.00
1305. ESCROW FOR PA INHERITANCE TAX to WIX, WENGER & WEIDNER. ESCROW AGENT 8,000.00
1400. TOTAL SETTLEMENT CHARGES (Enter on Lines 103, Section J and 502, Section K\ 1.105.25 9,508.24
1'11(1""
By signing page 1 of this statement, the signatories acknowledge receipt of a completed copy of page 2 of this two page slatement. t
~~~~
SETTLEMENT OFFICER
Settlement Agent
Certified to be a true copy.
( RUT236-05 I RUT236-oS I 3 )
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REV-1737-4 EX + (9-0,*
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
NONRESIDENT DECEDENT
SCHEDULE E, PART 1
MISCELLANEOUS
PERSONAL PROPERTY
ESTATE OF
FILE NUMBER
Lahar, Elton B. 05 00410
Part 1 must include all tangible personal property having its situs in Pennsylvania. Examples of tangible personal property are
jewelry, furniture, paintings, etc. All property jointly-owned with the right of survivorship must be disclosed on Schedule F.
Complete Part 2 on reverse side ONLY when the proportionate method of tax computation is elected.
ITEM
NUMBER DESCRIPTION VALUE AT DATE OF DEATH
1. Personal Property of Decedent 13,887.89
Allstate Insurance Co., 10815 David Taylor Drive, Charlotte, NC 28262
Payment under personal property coverage due to fire loss on 4/15/2005
(See Schedule E, Exhibit 1)
PART 1 TOTAL
$ 13,887.89
PART 2 TOTAL
Proportionate Method Only from reverse side $
TOTAL (Also enter on line 5, Recapitulation) $ 13,887.89
(If more space is needed, insert additional sheets of the same size)
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Schedule E, Exhibit 1
REV-1737-7 EX + (9-0*
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
NONRESIDENT DECEDENT
SCHEDULE I
DEBTS OF DECEDENT,
MORTGAGE LIABILITIES, & LIENS
Use Schedule I, Part 2, ONLY for
proportionate method of tax computation.
ESTATE OF
FILE NUMBER
Lahar, Elton B. 05 00410
Part 1 must include mortgage liabilities, liens and taxes against the Pennsylvania realty that were due and
owing as of the date of decedent's death.
Complete Part 2 ONLY when the proportionate method of tax computation is elected.
PART 1 - OBLIGATIONS AGAINST PENNSYLVANIA REALTY
ITEM
NUMBER DESCRIPTION
1. Chase Home Finance, LLC, 3415 Vision Drive, Columbus, OH 43219
Mortgage-Loan #30-1692940450-553, property address: 3761 Spring Road,
Carlisle, Pennsylvania, mortgagor: Elton B. Lahar
(See Schedule I, Exhibit 1)
AMOUNT
67,373.45
PART 2 - ALL OTHER DEBTS OF THE DECEDENT
TOTAL PART 1 $
67,373.45
ITEM
NUMBER
DESCRIPTION
AMOUNT
TOTAL PART 2 $
TOTAL (Also enter on line 10, Recapitulation) $
(If more space is needed, insert additional sheets of the same size)
67,373.45
Chase Home Finance LLC
June 29, 2005
Loan Number 30-1692940450-553
REQUESTOR:
IJO!UWWEIl NAME ANI) I'HOI'EIl'l'Y AI)I)HE~';:
ELTON B LAHAR
2601 N OLD STAGE RD SPC 15
MOUNT SHASTA CA 96067-9732
ELTON B LABAR
3761 SPRING RD
CARLISLE PA 17013-0000
BREAKDOWN OF AMOUNT OWED
PRINCIPAL BALANCH
INTEREST FROM 07/01/2005
TO 07/29/2005
66,999.~2
RECORD lUG FEE
27.00
346.93
TOTAL AMOUNT SECURED BY THE MORTGAGE 07/29/2005 . .
67,373.45
TOTAL AMOUNT OWED INCLUDING SERVICE FEES
. . . . . . . . . . . . . . . . . .
67,373.45
INTEREST RATE
PER DIEM
6.75000%
12.39
Chase Home Finance LLC ("eHF") will issue and mail the annual tax & interest statement (substitute form 1098)
record at the end of the calendar year. IF THE PROPERTY IS SOLD, PLEASB PROVIDE THE SELLERS
fORWARDIIIG ADDRESS.
FORWARDING ADDRESS:
The above figures are subject to final verification upon receipt of the payoff remittance by eHF.
Except where prohibited, CIIF reserves the right to adjust the above figures and refuse any funds which
are insufficient to pay the Total Amount Secured by the Mortgage for any reason including but not
limited to error in calculation of the Total Amount Secured by the Mortgage, previously dishonored
check or money order, stop payment of checks or ACH payments or additional disbursement made by CHF
between the date of this payoff statement and the receipt of funds. The Total Amount Secured by the
Hortgage, pursuant to this statement, is further conditioned upon:
1. If the payoff remittance is insufficient to pay the Total Amount Secured by the Mortgage, we will
withdraw funds from the borrower(s) escrow account, if available, to complete such payoff. If
sufficient funds are not in the escrow to cOll'lplete such payoff, the check will be returned with a new
quotation. Insufficient payoff funds remitted via wire transfer will be returned and a new quote will
need- to be ordered. -" __ _
2. All checks which have been tendered to CHF in satisfaction of monthly payments must have cleared
the borrower's bank. DO NOT PLACE A .STOP PAYMENT. ON CHECKS previously mailed to CUP or cancel ACH
debits by CHF prior to prepayment in full. A late charge fee will be assessed at the close of
business on the 16th day of the month if the current payment is not received, and such late charge
should be added to the Total AlDount Secured by the Mortgage, if payment is received by CHF after the
16th. You may call 1-800-848-9136 Payoff Wire Account to ascertain the late charge amount.
J. Disbursements of all escrowed items (e.g. hazard, flood and PHI insurance, taxes, etc.) WILL BE
PAID FROM ESCROW AS NORMALLY SCHEDULED (UP to the date payoff funds are received). It is the
responsibility of the borrower(s) and their closing agent (if applicable) to obtain a refund should a
double payment of taxes or insurance occur. If you require confirmation of any recent escrow
disbursements, please call 1-800-848-9136. Any remaining escrow balance or overpayment will be mailed
directly to the borrower(s) within thirty (30) business days after processing of the funds required to
pay the Total Amount Secured by the Mortgage. WE WILL HOT ACCEPT OR PROCESS ESCROW ASSIGNMENTS,
4. Payoff funds should be remitted. via wire transfer to: NOTE: FUNDS THAT CANNOT BE IDENTIFIED WILL
BE RETURNED.
JPMorgan Chase Bank, R.A..
ACCOURT .323553129
lIBA ROO'rIIlG NUIlIlIlR 021000021
ACCOURT RAIlE. Chase HOOle Finance LLC Payoff Wire Account
WIRE DESClUPTIOII 1IUS'r INCLUDE CIIASE IIOIII! FIllAJlCE LLC LOAII RIIIIBIlR,
CUSTOIIIlR RAIlE, PROP!lIl7Y ADDRESS, AltD llGEIIT'S COHTACT IHF'ORIlArIOR
Ai"rlh PAYOFF PROCBSSIIIG
If you are not reMitting funds via wire transfer, payoff funds must be in the fonn of a CASHIER' S
CHECK or OFFICIAL BANK CHECK payable and forwarded to:
CIII\SE IIOIII! FI1Il\1ICB LLC
ATTN. DBPARTIIIlH'I' PP-1456
3415 VISIOII DRIVE
COLOKBoS, OR 43219
For correct identification and postinq. THE CHASE HOME FINANCE LLC LOAn NUMBER HUST BE PROVIDED ON THE
PAYOFF CHECK.
5. If a recording fee is not included in the Total Amount Secured by the Mortgage, the
.ortg4qe/release documents .will be returned to the borrower ( s) or borroW'er( s) agent for satisfaction,
and any charge~ for record,:ng the release of lien will be the responsibility of the borrower (s) unless
othe~1.se requl.red by appll.cable law. Please provide a forwarding address for the borrower(s), when
appl1.cable, and the name, address and telephone number of the payer, if different from the borrower(s).
6. You understand and agree that if CHF receives and pr?cesses a payoff and subsequently is
requested to return such payoff funds, due to loan rescissl.on or for any other reason unless
prohibited by law, CRF will deduct a re-load fee of $1,000 frOlD the payoff funds that are ret~rned to
c~pensate Cay for its time and costs incurred in re-loading such loan onto its system.
1. NOTICE TO ACB CUSTOHBRS: CRF requires written notice at least five (5) business days prior to
~~i~~~. if you wish to cancel automatic debit arrangements. Otherwise, the autocharge will rellain in
QLTRO
Schedule I, Exhibit 1
7-25-2005 8:04AM
FROM
P.2
ella.limn. I'In.n~ LlC
3415 VialQn Orive
Columbus, 01-4 4321~
(llOO) 84a-91~ C\Itlomor c.re
(800) 582.0542 TOO I Text T.~
01 CHAsE
. 1
. I
I
o.te: July 25. 2005
Alto: Mrs. L_
Fax: (530) 926-2387
RIl; Chue Lo.In II: l~ I
Property Address: 376 ~ Spring ROll((
PrortrtyCity, SUit. Zip: Carlisle.PA 17013
Mortpp(s); EI<<1ll8.tahar I
PaidolfDalc: ~yIO~200S:
l'his tenet is to llclcnowlc:4ge thBl ChQse has LeiVed the~' \(l payoff your m~ Ioen mer.w;cd above.
a.. HoIne Finance UC will furward the ~nxl dowm to n:lcue i1Illicn; sIK>rtly. If ~ II"" ~ !hat
CMs<> reoord the ~lel\. dn<:1II\lent, we will p..ep.rc 1he em and send it to the approprialc county f.:r
recording. I
Thi$lotW wHl $etVC a~ l"roof thallhc aboTe fetercnccd loan ~ paid in fulL Withm 30 ~ from =eipt of tho
payofI flmd:l. Cho:lO will forwud wrJ fiIllib FYIld in ~ of lbc payoff amOllllt and any Imlaining cscrow
funds to you. Unlem noti(JCd, a- will MIi4 ~~ cr e.KtOW ntiln4you an: _Wed to ~ a reSlllt of tl)itj
paYOfIMayQl.ll' IQSl8 ye3lt end ~ stal=l:I1tiothc lI\ai~lIddn. ~ in ~thi$l~r. !OJ)m'snt
<.Iellly$, it is inlpalive thai: youin{ma US of~ ~ to yflrmmlingaddn:1I.
lfOlase wascoUcding =ow fund.5 for ~sor~, ~pq.ymemQrtllele ~s i~ flOW YOlA'responSWi1ity.
J'leat<! eanlaCt your ~'s insurance agent md)'ow1ljxing authority lO ~ them oethe a4dteS$ fOl'
forwatdina f\ltul'e telalQd co.rrespal'ldcnce ana bills. tr your II/ortaasc payment included optiQna) iruunm~e. this
~. Was <:lIllc:eled when ywr lOlln w~ paid off. .Tf yOU rld"lIl8tlCed your loan tI\rousb Chaoc. plca!le conIact
automer (".are at (800) 848-9136. if you willh In inquire ~t amtinuing lbi:s ~.
, I
Olasc's goal j" '" provide the higbo:slloY\lI 0{ 'l\l$lity $Orv\~ If you havc art! queetiOllll or want III change YOOl"
mailing addrcsa, plCllllC Ila1laCt Clabncr eara at (SOO) 8-48- 136. You lll({ speik wilh . Custcmtll' ('-3te
Profemonal, avaUabl~ Monday througb Fridly from 8:00 . lO 6;00 p.m~ Eastem lime.
We appreciate the opp<lI't\mit>, to hIlvo serv~ YQQl' lllort se 10cm 3lld hope that you will Ioolc to CIlasc fir your
futw-e (mandaI needs. I I
~~. I
triff41lY~
Lit:n Relea.'lO ~ertt
o-ltome Finam.-e u..c
Thenl;you.4oc
REV-1737-7 EX + (9-0r~
REVERSE ~
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
NONRESIDENT DECEDENT
ESTATE OF
SCHEDULE J
BENEFICIARIES
FILE NUMBER
Lahar, Elton B.
05 00410
When flat rate method is elected, list the beneficiaries of the Pennsylvania property.
When proportionate method is elected, list all beneficiaries.
RELATIONSHIP TO
NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY DECEDENT AMOUNT OR SHARE
NUMBER Do Not List Trustee(sl OF ESTATE
I. TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under Sec. 9116 (a)(1.2)]
1. Kimberly J. Lahar, 2601 N. Old Stage Road, #15, Daughter 8,210.29
Mt. Shasta, CA 96097
2. Craig Lahar, 6445 Gallop Road, Harrisburg, PA 17111 Son 8,210.29
3. Jeff Lahar, 488 Quail Ridge Road, Fincaster, VA 24090 Son 8,210.29
4. Donald Lahar, 160 Lovejoy Road, Loudon, NH 03307 Brother 8,210.30
5, Chad Lahar, 9613 Constitution Hall Dr., Charlotte, NC 28277 Grandson 8,210.29
ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON REV-1737 COVER SHEET OR THE PROPORTIONATE METHOD WORKSHEET ON THE REVERSE
SIDE OF REV-1737 COVER SHEET, AS APPROPRIATE.
II. NON-TAXABLE DISTRIBUTIONS:
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE
1.
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
1.
TOTAL OF PART II
ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1737 COVER SHEET $
(If more space IS needed, Insert additional sheets of the same size)
LAST WILL and TESTAMENT
of
Elton B. Lahar
I, Elton B. Lahar, a resident of Contra Costa County, State of California, declare that this
is my Will.
FIRST. I revoke all \Vills and Codicils that I have previously made.
SECOND. I direct that my family complete the arrangements for my funeral.
THIRD. Except as othenvise provided in this Will, I have intentionally and with full
knowledge of the consequences omitted to provide for my heirs.
FOURTH. If any beneficiary under this \Vill or any other person claiming to be entitled
to a portion of my estate in any manner, directly or indirectly, contests or attacks this \Vill or any
of its provisions, any share or interest of that contesting individual granted by this Will is revoked
and, along with any other interest claimed (by the laws of succession or othenvise), shall pass instead
as if that con testing individual had predeceased me withou tissue.
FIFTH. I have not entered into either a contract to make Wills or a contract not to
revoke Wills. If any part of this Will is held to be void, invalid, or inoperative, I direct that such
voidness, invalidity, or inoperativeness shall not affect any other part of this Will, and that the
remainder of this \Vill shall be carried into effect as though such part had not been contained
herein.
As used in this Will, the masculine, feminine, or neuter gender, and the singular or plural
number shall each be deemed to include the others whenever tbe context so indicates.
SIXTH. I direct that all inheritance, estate, or other death taxes that may by reason of
my death be attributable to my probate estate or any portion of it, including any property received
by any person as a family allowance or homestead, sball be paid by my Executor out of the residue
of my estate disposed of by this Will, without adjustment among the residuary beneficiaries, and
shall not be charged against or collected from any beneficiary of my probate estate.
SEVENTH. I am married to Mary E. Lahar and any reference in this Will to my "spouse"
is to her. I have three children, Jeffrey Lahar, Kimberly Jane Lahar, and Craig Elton Lahar, all
of whom are adults. I have no children who died leaving issue surviving.
The term "issue" refers to lawful lineal descendants of all degrees; the terms "issue" and
"children" include adopted persons.
EIGHTH. I nominate Mary E. Lahar as Executor of this Will, to serve without bond. If
she fails to qualify or ceases to act, I nominate Kimberly Jane Lahar, to serve as Executor, without
bond. If she, too, fails to qualify or ceases to act, I nominate Craig Elton Lahar, to serve as
Executor, without bond.
I authorize my Executor to sell, with or without notice, at either public or private sale, and
to mortgage, lease, and convey all or part of my estate, both real and personal property, at such
times and on such terms and conditions as may be deemed best, subject only to such confirmation
of court as may be required by law, and within the representative's discretion, to settle, compromise,
and adjust any and all claims either in person or by proxy as to all stocks or other securities in my
estate, to continue to completion any investment or undertaking of mine pending, but not completed,
at the time of my death, and, in that connection, to borrow and pledge assets of the estate to secure
any such borrowings.
I further authorize my Executor either to continue the operation of any business belonging
to me at my death for such time and in such manner as my Executor may deem advisable for the
best interests of my estate, or to sell or liquidate the business at such time and on such terms as my
Executor may deem advisable for the best interests of my estate. Any such operation, sale, or
liquidation by my Executor, in good faith, shall be at the risk of my estate and without liability on
the part of my Executor for any resulting losses.
My estate shall be administered under the California Independent Administration of Estates
Act.
NINTH.
The following are the facts relating to the Trust into which the residue of this
e~.~.e n.~l1 he --"-e..1 -"e- 0- .-~n~~e--e-l .0 ~. .1..e e--l -~ --_h~.e -~ ..1..;s e~.~.e'
"lal W111 U }lUU1 U UV 1 1 ua1 "1 11 U L aL LIl lJU V1 t"!UUal VJ. LU1 "lal.
a.
Name of Trust: ELTON B. LAHAR AND MARY E. LAHAR 1997 TRUST.
Name of Trustee of said Trust at the date of signing this \Vill: Elton B. Lahar.
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As used in this Will, the term "Trust" shall refer to said Trust immediately above described.
'ViII of Elton B. Lahar
Page 2
TENTH. I give all of my estate, real and personal, wherever situated, IN TR UST, to the
Trustee, or any successor Trustee, appointed in the Trust. Said estate shall be added to,
administered, and distributed as a part of that Trust, according to the terms of said Trust and any
amendments made thereto prior to my death. This paragraph shall not create, or be construed as
creating, a separate or testamentary trust of the assets governed by this paragraph, nor shall this
paragraph subject the existing Trust or the property added to it by this Will to the jurisdiction of the
probate court or to the laws relating to testamentary trusts.
If the disposition in the preceding paragraph is not operative or is invalid for any reason, or
if the Trust hereinabove referred to fails or has been revoked, then I hereby incorporate herein by
this reference the terms of said Trust on the date of execution of this Will, without giving effect to
any amendments made subsequently, and I give all of my estate, IN TRUST, to the Trustee or
successor Trustee named in said Trust as Trustee, to be held, administered, and distributed as
therein provided.
I subscribe my name to this Will this ~t .stf{ day of November, 1997, at Pleasant Hill,
California.
O:tH:\Br ~
Elton B. Lahar, Testator
On the date last above written, Elton B. Lahar, hereinafter called Testator, declared to us,
the undersigned that the foregoing instrument, consisting of THREE (3) pages, including this page,
was Testator's Will and requested us to act as witnesses to it. Testator thereupon signed this \Vill
in our presence, all of us being present at the same time. We now, at Testator's request, in
Testator's presence, and in the presence of each other, subscribe our names as witnesses. At the
time this \Vill was executed, we believed the Testator was of sound mind and acting voluntarily.
\Ve declare under penalty of perjury that the foregoing is true and correct.
Executed this cJ!s Hi' day of November, 1997, at Pleasant Hill, California.
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John MiIgate
4600 Fallow Way, Antioch, CA 94509
Will of Elton B. Lahar
Page 3
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Preservation Trust, set forth in Article Nine, Paragraph B, below, as one Trust together with any
other property subject to such provisions.
ARTICLE NINE
Surviving Spouse Holds Power of Appointment Over Survivor's Trust
Distribution of Trust
A. Survivor's Pmver of Appointment.
(1) On the Surviving Spouse's death, the Trustee shall distribute any remaining balance
of the Survivor's Trust, including principal and accrued or undistributed income, to one or more of
the group consisting of the Settlors' estate, issue, or any charitable organizatiuns, and on any terms
and conditions, either outright or in Trust, and in any proportion that the Surviving Spouse shall
appoint by Will or Codicil specifically referring to and exercising this Pmver of Appointment.
(2) On the Surviving Spouse's death, and subject to any Power of Appointment exercised
by the survivor, the Trustee may, in the Trustee's discretion, payout of the principal of the
Survivor's Trust the Surviving Spouse's debts outstanding at the time of his or her death and not
barred by the statute of limitations, Statute of Frauds, or any other provision of law; last-illness and
funeral expenses; attorneys' fees; other costs incurred in administering the Surviving Spouse's
probate estate; and estate and inheritance taxes, including interest and penalties attributable to the
Survivor's Trust or arising on the Surviving Spouse's death.
(3) On the Surviving Spouse's death, if and to the extent that the Surviving Spouse shall
not have effectively disposed of all property of the Trust Estate through a valid and effective exercise
of the Power of Appointment, the Trustee shall distribute the Survivor's Trust as follows:
[a] If Elton B. Lahar was the Surviving Spollse, the Survivor's Trust shall be distributed,
ou trigh t and free of trust, as follows:
[i] All of the Settlors' jewelry, clothing, household furniture and furnishings, personal
automobiles, and other tangible articles of a personal nature, or interest in such property not
otherwise disposed of herein or in any other manner, together with insurance on the property, to
Trustee to distribute in accordance with instructions which each Settlor has left with this Declaration
of Trust, and, in the absence of such instructions, or should such instructions fail to dispose of any
or all of the Settlors' personal property, said undistributed personal property shall pass in equal
shares to Kimberly Jane Lahar and Craig Elton Lahar.
Elton B. Lahar and Mary E. Lahar 1997 Trust
Page 7
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[ii] The residue and remainder shall be divided by the Trustee into unequal shares, said
shares compu ted so that, taking into account the distribution of the Preservation Trtlst, Kimberly Jane
Lahar will receive sLxty-five percent (65%) of the combined distributions, Craig Elton Lahar will
receive fifteen percent (15%) of the combined distributions, and JelTrey Lahar will receive ten
percent (10%) of the combined distributions, Chadwick Lahar will receive five percent (5%) of the
cornbined distributions, and Donald Lahar will receive five percent (5%) of the combined
distributions. TIle Trustee shall then proceed to distribute said shares, outright and free of trust,
to each then-living beneficiary. If a beneficiary does not survive, his or her share shall pass to his
or her then-living descendants, by right of representation; provided, if a beneficiary leaves no then-
living descendants, his or her share shall be added, pro rata, to the other shares distributed
hereunder.
(b] If J.lary E. Lahar was the SUll.:iving Spouse, the Survivor's Trust shall be distributed,
outright and free of trust, as follows:
[i] All of the Settlors' jewelry, clothing, household furniture and furnishings, personal
automobiles, and other tangible articles of a personal nature, or interest in such property not
otherwise disposed of herein or in any other manner, together with insurance on the property, to
Trustee to distribu te in accordance with instructions which each Settlor has left with this Declaration
of Trust, and, in the absence of such instructions, or should such instructions fail to dispose of any
or all of the Settlors' personal property, said undistributed personal property shall pass to Kimberly
Jane Lahar.
(ii] The residue and remainder shall be distributed, outright and free of trust, to Kimberly
Jane Lahar.
If, for any reason, the terms of this subparagraph fail to dispose of all property subject to
disposition by Mary E. Lahar, then the property shall be distributed outright and free of trust to her
heirs at law determined in accordance with California's laws of intestate succession as they existed
on the date this instrument was first signed by Settlor (but subject to Article Eight, Paragraph D,
below). Mary E. Lahar deliberately and with full knowledge of the consequences makes no
provision for her son, Craig Elton Lahar, except as a contingent beneficiary.
Elton B. Lahar and Mary E. Lahar 1997 Trust
Page 8
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B. Distribution of the Preservation Trust.
On the Surviving Spouse's death, the Trustee shall treat all assets still held in the Preservation
Trust and, after payment of just debts and expenses of the Surviving Spouse, shall distribll te the
Preservation Trust as follows:
[a] If Elton B. Lahar .vas the deceased spouse, the Preservation Trust shall be distribll ted,
outright and free of trust, by the Trustee into unequal shares, said shares computed so that, taking
into account the distribution of the Survivor's Trust, Kimberly Jane Lahar will receive sixty-five
percent (65%) of the combined distributions, Craig Elton Lahar will receive fifteen percent (15%)
of the cornbined distribu tions, and Jeffrey Lahar \vill receive ten percent (10%) of the combined
distributions, Chadwick Lahar will receive five percent (5%) of the combined distributions, and
Donald Lahar will receive five percent (5%) of the combined distributions. The Trustee shall then
proceed to distribu te said shares, outright and free of trust, to each then-living beneficiary. If a
beneficiary does not survive, his or her share shall pass to his or her then-living descendants, by right
of representation; provided, if a beneficiary leayes no then-living descendants, his or her share shall
be added, pro rata, to the other shares distributed hereunder.
[a] If Mary E. Lahar was the deceasedspollse, the Preservation Trust shall be distributed,
outright and free of trust, to Kimberly Jane Lahar.
If, for any reason, the terms of this subparagraph fail to dispose of all property subject to
disposition by Mary E. Lahar, then the property shall be distributed outright and free of trust to her
heirs at law determined in accordance with California's laws of intestate succession as they existed
on the date this instrument was first signed by Settlor (but subject to Article Eight, Paragraph D,
below). Mary E. Lahar deliberately and with full knowledge of the consequences makes no
provision for her son, Craig Elton Lahar, except as a contingent beneficiary.
C. Limitation on Distributions to Persons Under Age Twentv-One (21). If any beneficiary
entitled to outright distribution of a Trust or of a portion of a Trust is under age twenty-one (21),
the Trustee shall hold and administer the beneficiary's portion of the Trust Estate for his or her
benefit. Income of the property retained in Trust shall be added to principal, and the Trustee shall
pay to, or apply for the benefit of, the beneficiary as much of the beneficiary's Trust as the Trustee,
in the Trustee's discretion, considers necessary for the beneficiary's proper health, education,
support, and'maintenance. When the beneficiary attains the age of twenty-one (21), the Trustee
Elton B. Lahar and Mary E. Lahar 1997 Trust
Page 9