HomeMy WebLinkAbout07-21-06
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15056051058
REV-1500 EX (06-05)
PA Department of Revenue
Bureau of Individual Taxes
PO BOX 280601
Harrisburg, PA 17128-0601
ENTER DECEDENT INFORMATION BELOW
Social Security Number Date of Death
INHERITANCE TAX RETURN
RESIDENT DECEDENT
OFFICIAL USE ONLY
County Code Year
File Number
c2J 05
00343
Date of Birth
198-44-8135
11/14/2004
11/25/1951
Decedent's Last Name
Suffix
Decedent's First Name
MI
Studer
James
N
(If Applicable) Enter Surviving Spouse's Information Below
Spouse's Last Name Suffix
Spouse's First Name
MI
Studer
Kathy
M
Spouse's Social Security Number
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
FILL IN APPROPRIATE OVALS BELOW
. 1. Original Return
2. Supplemental Return
3. Remainder Return (date of death
prior to 12-13-82)
5. Federal Estate Tax Return Required
4. Limited Estate
4a. Future Interest Compromise (date of
death after 12-12-82)
7. Decedent Maintained a Living Trust
(Attach Copy of Trust)
10. Spousal Poverty Credit (date of death
between 12-31-91 and 1-1-95)
8. Total Number of Safe Deposit Boxes
6. Decedent Died Testate
(Attach Copy of Will)
9. Litigation Proceeds Received
11. Election to talS U[1der Sec. 9113(1\)
(Attach Sch. 0) > .... '
" ,
CORRESPONDENT - THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED'TO:
Name Daytime Telephone Number
William H. Andring, Esq
Firm Name (If Applicable)
REGISTER OF WILLS pSE QNLY
First line of address
234 North Street
t,
Second line of address
City or Post Office
State
ZIP Code
DATE FILED
Harrisburg
PA
17101
Correspondent's e-mail address:
Under penalties of perjury, I declare that I have examined this retum, including accompanying schedules and statements, and to the best of my knowledge and belief,
it is true, correct and complete. Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge.
SI~]URE OF PERSON R. ESPO~:7IBLE FOR FILING RETURN
^~, 711 /<5'-~ .'-/
ADDRESS
935 Orr's ridge Road
SIGNATU,~E OF.F:R~ARER}JTI;IER
.:-/ I'-~ '
ADDRE~S t ,/
234 North Street, Harrisburg, PA 17 01
PLEASE USE ORIGINAL FORM ONLY
DATE
.i)-/<r-c'~
DATE
05/18/06
L
15056051058
Side 1
15056051058
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15056052059
REV-1500 EX
Decedent's Name:
James
N Studer
RECAPITULATION
1. Real estate (Schedule A).
. . .. . . .,. 1.
2. Stocks and Bonds (Schedule B) .
2.
3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) 3.
4. Mortgages & Notes Receivable (Schedule D) . .
5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) 5.
6. Jointly Owned Property (Schedule F) Separate Billing Requested 6.
7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property
(Schedule G) Separate Billing Requested.. . 7.
8. Total Gross Assets (total Lines 1-7).
9. Funeral Expenses & Administrative Costs (Schedule H).
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I).
. . . . . 10.
11. Total Deductions (total Lines 9 & 10). . .
.... 11.
12. Net Value of Estate (Line 8 minus Line 11) . .
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 Subject to Tax (Line 12 minus Line 13)
TAX COMPUTATION - SEE INSTRUCTIONS FOR APPLICABLE RATES
15. Amount of Line 14 taxable
at the spousal tax rate, or
transfers under Sec. 9116
(a)(1.2) X .0_
16. Amount of Line 14 taxable
at lineal rate X.O_
17. Amount of Line 14 taxable
at sibling rate X .12
18. Amount of Line 14 taxable
at collateral rate X .15
. . . 14.
15.
16.
19. TAX DUE
. . . . . . 19.
20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
15056052059
Side 2
L
Decedent's Social Security Number
198-44-8135
3,574.04
4.
8.
3,574.04
7,500.00
9.
7,500.00
0.00
17.
18.
0.00
15056052059
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REV-1500 EX Page 3
Decedent's Complete Address:
DECEDENT'S NAME
James N Studer
STREET ADDRESS
935 Orr's Bridge Road
File Number
05 00343
DECEDENT'S SOCIAL SECURITY NUMBER
198-44-8135
CITY
Mechanicsburg
STATE
PA
ZIP
17050
Tax Payments and Credits:
1. Tax Due (Page 2 Line 19) (1)
2. Credits/Payments
A. Spousal Poverty Credit
8. Prior Payments
C. Discount
3. Interest/Penalty if applicable
D. Interest
E. Penalty
Total Credits (A + 8 + C ) (2)
TotallnterestJPenalty ( D + E ) (3)
4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT.
Fill in oval on Page 2, Line 20 to request a refund. (4)
5. If Line 1 + Line 3 is greater than Line 2, enter the difference, This is the TAX DUE. (5)
A. Enter the interest on the tax due.
8. Enter the total of Line 5 + 5A. This is the BALANCE DUE.
(5A)
(58)
0.00
Make Check Payable to: REGISTER OF WILLS, AGENT
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X"'N THE APPROPRIATE BLOCKS
1. Did decedent make a transfer and: Yes No
a. retain the use or income of the property transferred;.......................................................................................... 0 00
b. retain the right to designate who shall use the property transferred or its income; ........................................... 0 00
c. retain a reversionary interest; or.......................................................................................................................... 0 [iJ
d. receive the promise for life of either payments, benefits or care? ...................................................................... 0 [iJ
2. If death occurred after December 12, 1982, did decedent transfer property within one year of death
without receiving adequate consideration? .............................................................................................................. 0 00
3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? .............. 0 00
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which
contains a beneficiary designation? ........................................................................................................................ 0 00
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse
is three (3) percent [72 P.S. S9116 (a) (1.1) (i)].
For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is zero (0) percent
[72 P.S. S9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and
filing a tax return are still applicable even if the surviving spouse is the only beneficiary.
For dates of death on or after July 1, 2000:
The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an
adoptive parent, or a stepparent of the child is zero (0) percent [72 P.S. s9116(a)(1.2)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is four and one-half (4.5) percent, except as noted in
72 P.S. S9116(1.2) [72 P.S. s9116(a)(1)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is twelve (12) percent [72 P.S. s9116(a)(1.3)]. A sibling is defined, under
Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption.
REV,1503 EX+ (6,>
SCHEDULE B
STOCKS & BONDS
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
James N. Studer
FILE NUMBER
2005-00343
All property jointly-owned with right of survivorship must be disclosed on Schedule F.
ITEM
NUMBER
1.
DESCRIPTION
Option Agreement for 250 Shares of Series C Common Stock in Guard Insurance Group, Inc.
VALUE AT DATE
OF DEATH
3,574.04
TOTAL (Also enter on line 2, Recapitulation) $
(If more space is needed, insert additional sheets of the same size)
3,574.04
REV,1511 EX+ (12-99)
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
James N. Studer
FILE NUMBER
2005-00343
Debts of decedent must be reported on Schedule 1.
ITEM
NUMBER
A.
DESCRIPTION
AMOUNT
1.
FUNERAL EXPENSES:
Musselman Funeral Home, 324 Hummel Ave., Lemoyne, PA
7,500.00
B. ADMINISTRATIVE COSTS:
1. Personal Representative's Commissions
Name of Personal Representative(s)
Social Security Number(s)/EIN Number of Personal Representative(s)
Street Address
City
State
Zip
Year(s) Commission Paid:
2. Attorney Fees
3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation)
Claimant
Street Address
City
State
Zip
Relationship of Claimant to Decedent
4. Probate Fees
5. Accountant's Fees
6. Tax Return Preparer's Fees
7.
TOTAL (Also enter on line 9, Recapitulation) $
(If more space is needed, insert additional sheets of the same size)
7,500.00
REV,1513 EX+ (9-00)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
James N. Studer
SCHEDULE J
BENEFICIARIES
FILE NUMBER
2005-00343
RELATIONSHIP TO DECEDENT AMOUNT OR SHARE
NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE
I TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under
Sec. 9116 (a) (1.2)]
1. Kathy M. Studer Wife 100%
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
B CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
TOTAL OF PART 11- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET $
(If more space is needed, insert additional sheets of the same size)
Last Will and Testament
OF
JAMES N. STUDER
In rendering final stewardship of the property entrusted to me by the will and
grace of God., I, JAMES N. STUDER, of Cumberland County, Pennsylvania, being 0
sound mind and desiring to make proper provision for the distribution of my entire
estate, and realizing the uncertainty of this life, and with full confidence and trust in
my Lord and Saviour Jesus Christ, in His death on the cross for my sins and in His
shed blood as an atonement for my soul, and knowing that by faith in His sacrifice on
the cross for me, I have etemallife, do hereby declare and publish this to be my Last
Will and Testament, hereby revoking any and all Wills by me at any time heretofore
made.
ARTICLE I
DEBTS, EXPENSES AND DEATH TAXES
1.01 Debts and eXDenses. I direct my personal representative to pay in the due
course of the administration of my estate all expenses of my last illness, and funeral
and administration expenses. I further direct my personal representative to pay in
the due course of the administration of my estate all of my enforceable debts and
obligations EXCEPT debts, if any, that are secured by a mortgage or security
PAGE 1 OF EIGHT PAGES
agreement or other encumbrance. In its discretion my personal representative may
continue to pay any installment obligations on an installment basis, or may prepay
any or all of such obligations in whole or in part.
1.02 Encumbrances. Any mortgage, lien or other encumbrance upon any
property given or distributed hereunder, either outright or in trust, shall be assumed
by the person receiving such encumbered property, and my personal representative
shall distribute any of my encumbered assets SUBJECT TO the indebtedness and
encumbrance upon such assets.
1.03 Taxes.
a. I direct my personal representative to pay in the due course of the
administration of my estate all estate, inheritance and succession taxes (including
interest and penalties thereon) payable by reason of my death with respect to property
passing under my Will or any Codicil.
b. All such taxes and interest and penalties thereon, payable by reason
of my death with respect to other property (Le. property NOT passing under my Will
or any Codicil), including, but not limited to, insurance on my life, jointly owned
property or U.S. Savings Bonds (however held) shall be charged against the donee,
beneficiary, or co-owner receiving such property.
1.04 The above debts, expenses, obligations and taxes directed to be paid by
my personal representative shall be paid out of and be charged generally against my
residuary estate without reimbursement from any person.
PAGE 2 OF EIGHT PAGES
In any event if it becomes necessary in the discretion of my personal
representative to obtain cash with which to pay the debts, expenses of administration,
family allowance and taxes, I direct my personal representative to first seek such cash
by selling the assets of my probate estate to, or borrowing on the security of such
assets from, the Trustee of the JAMES AND KATHY STUDER REVOCABLE
TRUST, dated Fe, b.
2-'1
,
, 1993, on such terms and conditions as may
be satisfactory to my personal representative. In the event the residuary assets
passing under my Will or any Codicil are insufficient to satisfy such obligations and
taxes, the personal representative shall so certify to the Trustee of the JAMES AND
KATHY STUDER REVOCABLE TRUST, dated
r::-e b.
2i-f
1993, who shall satisfy such from the trust corpus.
ARTICLE II
2.01 Familv Status. I declare that I am married, my wife being Kathy M.
Studer, referred to in this Will as "my wife," and we have three (3) children of our
marriage who are now living, namely: Jason J. Studer, Shelley L. Studer and J. Scott
Studer. We have no predeceased children.
2.02 Trust Weement. All references in this Will to "my Trust Agreement"
shall be deemed to refer to that certain agreement evidenced by an instrument
captioned the JAMES AND KATHY STUDER REVOCABLE TRUST, executed by my
wife and me as Trustors and by my wife and me as Trustees, dated
F" e/b. 2q , 1993.
PAGE 3 OF EIGHT PAGES
C~1rl.-.k'~
N. STUDER
2.03 Trustee. All references in this Will to the "Trustee" shall be deemed to
refer to the person acting under my Trust Agreement.
2.04 Clarifications. Where applicable, references in this Will to the masculine
shall include the feminine and to the singular shall include the plural.
2.05 Survivorshio. If my wife and I die simultaneously, or under such
circumstances that it is impossible to determine conclusively which of us died fIrst,
it shall be presumed, for purposes of construction of this Will, that I died fIrst and she
survived me. Any other person who might otherwise be a beneficiary under the terms
of my Will shall be deemed to have predeceased me if he dies within sixty (60) days
following the date of my death.
ARTICLE III
I hereby give, devise, and bequeath all of the rest, residue and remainder of my
estate, whether real, personal, or mixed, and regardless of where the same may be
situated, whether vested or contingent at the time of my death, to the then acting
Trustee of said JAMES AND KATHY STUDER REVOCABLE TRUST, dated
_F'€~b. 2- Y
, 1993 or its successor, in trust, as Trustee under said
Trust Agreement, to be added to said trust estate, and for said Trustee to have and
to hold all of the property given unto it under this Will for the uses and purposes, and
with the powers, authorities and duties specified therein, including any written
amendments thereto or written modifications thereof expressed and set forth at the
date of my death. It is my intention not to create a separate or testamentary trust
PAGE 4 OF EIGHT PAGES
Ci;h1AC.,f 11 _
N. STUDER
and it is further my intention that said Trust Agreement shall not be subjected to the
jurisdiction of the Probate Court.
ARTICLE IV
4.01 Appointment of Personal Ret>resentative. I nominate, constitute and
appoint my wife as personal representative of my estate under this my Last Will and
Testament, to serve without bond. In the event that she shall predecease me or shall
be unable to serve, I hereby nominate, constitute and appoint my brother, John R.
Studer of Hummelstown, Pennsylvania, as successor personal representative of my
estate, to serve without bond. In the event that he fails to survive me or shall be
unable to serve, then I hereby nominate, constitute and appoint my wife's niece,
Dawn R. Meyer of Carlisle, Pennsylvania, as second-successor personal representative
of my estate, to serve without bond.
4.02 Powers of Personal Revresentative. I hereby authorize and empower my
personal representative, or any successor personal representatives, to have and
exercise all the powers enumerated under the laws of the State of Pennsylvania
specifying powers of personal representatives, and all of the powers of my trustees,
and all of the following powers and discretions, subject to any limitations specified:
to continue to operate any business I may own or operate at my death; to sell, lease,
mortgage, or encumber to such persons, at such times, and upon such terms and
conditions as in their absolute discretion is deemed proper, any part or all of my
property and estate, whether real, personal or mixed, at private or public sale, without
PAGE 5 OF EIGHT PAGES
notice and without authority of, or conflI'mation by, any court or person; to hold,
manage, retain for so long as my personal representative deems it prudent to do so,
and to purchase and sell (including on a margin), assign, transfer, dispose of, receive,
invest in and reinvest in securities (which "securities" include common stocks,
preferred stocks, investment trusts, certificates of deposit, bonds, debentures,
intangible personal property, investments and any other securities of any type, nature
or description); to vote securities; and to exercise any stock option, all pre-emptive
and other similar rights with respect to any securities; and to exercise generally in
respect of all securities all rights, powers and privileges as are or may be exercised by
any person owning similar securities in hi~ own right; to maintain a margin account
with a stock brokerage flI'm, to execute all documents necessary for the opening and
maintenance thereof, to borrow money from a brokerage f'lI'm, to pledge securities
owned by the estate as collateral and to grant a security interest therein, and to
permit the stock brokerage flI'm to re-Iend these securities in the ordinary course of
its business; to make, execute and deliver or accept deeds, assignments, leases,
releases, mortgages, or other written instruments desirable or proper to carry out,
consummate, and render effective any act or actions done or taken pursuant to the
powers and authority granted herein; to petition for administration of the estate
without court supervision and if granted by the court, to administer the estate
without court supervision; to appoint a resident agent to accept service of process,
notices, and other documents, and to fue legal notice of such appointment; and to
PAGE 6 OF EIGHT PAGES
exercise all additional powers that may now or hereafter be conferred on her by law,
and all powers that may be necessary to enable her to administer this Will in
accordance with the provisions of this Will and subject to any limitations specified in
this Will.
ARTICLE V
I nominate, constitute and appoint my wife, to serve as guardian of my children
during the minority of each child. If at any time during the minority of any of my
children, my wife for any reason shall not act as guardian of my children, I then
nominate, constitute and appoint my brother, John R. Studer of Hummelstown,
Pennsylvania, to serve as guardian of my children during the minority of each. If at
any time during the minority of any children of mine, John R. Studer for any reason
shall not act as guardian of such children, I then nominate, constitute and appoint my
wife's niece, Dawn R. Meyer of Carlisle, Pennsylvania, to be substitute guardian of
such children.
I do not desire that the guardian or guardians of my minor children should
incur personal expense for the support of said minor children. The trustee shall
disburse funds from the trust created herein for reasonable expenses incurred in
accommodation of any children of mine during the minority of each.
In the event the Court finds it necessary to appoint a guardian not herein
named, then I make the following request of the Court: One, that if I am survived
by more than one minor child they be allowed to remain together as a family unit.
PAGE 7 OF EIGHT PAGES
Two, that said child(ren) be placed where they receive Christian training and
upbringing in harmony with my beliefs. Three, that the Pastor of the Church where
I am a member at the time of my death, assist the Court by suggesting a Christian
family to assume the guardianship of my surviving minor children and that the Court
respect such suggestion as fully as permitted under law.
IN WITNESS WHEREOF, I, JAMES N. STUDER, herewith set my hand to this
my Last Will and Testament, typewritten on 8 sheets of paper (including the
attestation clause and signature of witnesses), upon the bottom of each one of which
I have also written my name, this;L!d- day of F ..pJ2.
,1993.
Signed, sealed, published and declared by the testator, JAMES N. STUDER, as
and for his last will and testament, in the presence of us, who, at his request, in his
presence and in the presence of each other, have hereunto subscribed our names as
witnesses.
RF.'lIDING AT U \I I~ \h,n ":.\1 \fu!.l~
RF.'lIDING AT 7J?~) ~
PAGE 8 OF EIGHT PAGES
STATE OF PENNSYLVANIA }
}
COUNTY OF CUMBERLAND }
I, JAMES N. STUDER, Testator whose name is signed to the attached or
foregoing instrument, having been duly qualified according to law, do hereby
acknowledge that I signed and executed the instrument as my Last Will; that I signed
it willingly, and that I signed it as my free and voluntary act for the purposes therein
expressed.
Subscribed and sworn
State this 'J.. if day of
otary Public, in and for said County and
, 1993.
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l!iliPoL ;Ix Y F (!u /!(?v
{Printed Name} /'
Resident of Cumberland County,
Pennsylvania
My Commission Expires:
t/;ql9t,
STATE OF PENNSYLVANIA )
)
COUNTY OF CUMBERLAND )
We, Jvha- e..;(\\/l(\C\u~~
and ~~n1U- [, - ~j L
the witnesses whose names are signed to the attached or foregoing instrument, being
duly qualified according to law, do depose and say that we were present and saw the
testator sign and execute the instrument as his Last Will; that the testator signed
willingly and executed it as his free and voluntary act for the purposes therein
expressed; that each subscribing witness in the hearing and sight of the testator
signed the will as a witness; and that to the best of our knowledge the testator was
at that time 18 or more years of age, of sound mind and under no constraint or undue
influence.
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Witn s .
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My Commission Expires:
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Subscribed and sworn to before me, aN otary Public, in and for said County and
State this ().If'' day of , 1993.
.J
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N0~L~ a/fey
(Printed Name)
Resident of Cumberland County,
Pennsylvania
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