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HomeMy WebLinkAbout01-23-07 (2) ,-- ; EV~ 1500 EX (6~OO) OFFICIAL USE ONLY COMMONWEAL TH OF PENNSYLVANIA DEPARTMENT OF REVENUE DEPT. 280601 HARRISBURG. PA 17128-0601 REV-1500 INHERITANCE TAX RETURN RESIDENT DECEDENT FILE NUMBER ~L COUNTY CODE -9L l1~Q___ YEAR NUMBER DECEDENTS NAME (LAST. FIRST. AND MIDDLE INITIAL) Devlin Carol DATE OF DEATH (MM~DD~YEAR) DATE OF BIRTH (MM-DD-YEAR) A SOCIAL SECURITY NUMBER 195-38-0174 THIS RETURN MUST BE FILED IN DUPLICATE WITH THE I- Z UJ C UJ () UJ C 11/2/2006 7/31/1948 (IF APPLICABLE) SURVIVING SPOUSE.S NAME (LAST. FIRST. AND MIDDLE INITIAL) Michael B. Devlin [X] , Original Retum D 4 Limited Estate D 6 Decedent Died Testate (Attach copy of Will) D 9 Litigation Proceeds Received REGISTER OF WILLS SOCIAL SECURITY NUMBER W f- ~5(/) ulr~ wa..u :1:00 U lr-l a..lD a.. <( 164-38-8267 D 2. Supplemental Return D 3. Remainder Retum (date of deanl prior to 12~13~82) D 4a. Future Interest Compromise (date of death after 12~12~82) D 5 Federal Estate Tax Return Required D 7. Decedent Maintained a Living Trust (Attach copy of Trust) _ 8 Total Number of Safe Deposit Boxes D 10. Spousal Poverty Credit (dal' of d'a1h b,'w"," '2~31~91 aod '~1~95) D 11 Election to tax under Sec 9113(A) (AII"hS,h 0) THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: NAME COMPLETE MAILING ADDRESS I- Z w o z o ll.. en w a:: a:: o u Michael B. Devlin FIRM NAME (If Applicable) 6 Stonehedge Way Carlisle, PA 17015 TELEPHONE NUMBER 717-249-3414 1 Real Estate (Schedule A) (1) o OFFICIAL USE ONLY 2. Stocks and Bonds (Schedule B) (2) o f~l c;::'~ c:::~ --' '-- :::':". ~-,.... 3 Closely Held Corporation. Partnership or Sole-Proprietorship (3) 4 Mortgages & Notes Receivable (Schedule D) (4) 5. Cash. Bank Deposits & Miscellaneous Personal Property (Schedule E) (5) Z 6. Jointly Ol'ffled Property (Schedule F) (6) 0 o Separate Billing Requested i= :s 7 Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7) ::> (Schedule G or L) l- ii: 8 Total Gross Assets (total Lines 1-7) <( () UJ 9. Funeral Expenses & Administrative Costs (Schedule H) (9) 0:: 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) o o N W 91,469 o :!::'n 1,786,586 t..O (...) C) 1,878,055 (8) 24,759 692 (11) (12) (13) (14) 25,451 1,852,604 10,388 13 Charitable and Governmental Bequests/Sec 9113 Trusts for -Mllch an election to tax has not been made (Schedule J) 14. Net Value Subject to Tax (Line 12 minus Line 13) 1,842,216 SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES 15 Amount of Line 14 taxable at the spousal tax 1,793,736 L(15) z rate, or transfers under Sec. 9116 (a)(12) x .0 0 i= 16 Amount of Line 14 taxable at lineal rate 6,925 x .0 ~(16) <( I- ::> 0 a.. 17 Amount of Line 14 taxable at sibling rate x .12 (17) :E 0 41,556 U 18 Amount of Line 14 taxable at collateral rate x 15 (18) X <( Tax Due I- 19 (19) o 312 o 20 D CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT 6,233 6,545 > > BE SURE TO ANSWER ALL QUESTIONS ON REVERSE SIDE AND RECHECK MATH < < 3W4645 1 000 Decedent's Complete Address: I 8-TREET ADDRESS '6 Stonehed e Wa I CITY Carlisle STATE PA '" ==1 170~ Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A Spousal Poverty Credit B. Prior Payments C. Discount (1) 6,545 o o 327 3 Interest/Penalty if applicable D Interest E Penalty Total Credits (A + B + C) (2) 327 o o Total Interest/Penalty (D + E) (3) o 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) o 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) 6,218 A Enter the interest on the tax due. (5A) o B. Enter the total of Line 5 + 5A This is the BALANCE DUE. (5B) Make Check to: REGISTER OF 6,218 PLEASE ANSWER THE FOllOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS Did decedent make a transfer and: a. retain the use or income of the property transferred;. . . . . . . . . . . . . . . b retain the right to designate who shall use the property transferred or its income; . c. retain a reversionary interest; or ... . . . . . . . . . . . . . . . . . . . . . d. receive the promise for life of either payments, benefits or care? . . . . . . . . . 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? . . . . . . . . . . . . . . . . . . . . . . . . . . " D 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? D 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. [XJ D IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. Yes No ~ ~ [XJ D D D D ~ ~ [Jg Under penalties of perjury, I declare that I have exammed this return, Including accompanying schedules and statements, and to the best of my knowledge and belief, it IS true, correct and complete Declaration of prep rer other an th personal representative IS based on afl information of which preparer has any knowledge ISLE FOR FILING RETURN 6 Stonehedge Way SIGNATURE OF PREPARER OTHER THAN REPRESENTATIVE Carlisle, PA 17015 DATE ADDRESS 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 99916 (a) (1.1) (i)J 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 0% [72 PS 89116 (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 0% [72 PS 89116(a)(1.2)J 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 72 P S 89116(12) [72 PS 9 9116(a)(1)] The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings IS 12% (72 PS 8 9116(a)(1. 3)]. A sibling IS defined, under Section 9102, as an individual who has at least one parent In common Wlth the decedent, whether by blood or adoption 3W4646 1 000 REI(-1~08 EX + (6-98) . . COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATE OF Carol A. Devlin FILE NUMBER 21 06 1110 Include the proceeds of litigation and the date the proceeds were received by the estate All property jointly-owned with the right of survivorship must be disclosed on Schedule F_ ITEM NUMBER DESCRIPTION VALUE AT DATE OF DEATH 1 1999 Toyota Avalon 7,150 2 American Home Bank - checking 9,229 3 Northwest Mutual - #5629301 CSV policy on surviving spouse 6,663 4 Northwestern Mutual # 5820210 CSV on surviving spouse 6,367 5 Northwestern Mutual # 6570450 CSV on surviving spouse 9,849 6 Northwestern Mutual # 6799906 CSV on surviving spouse 8,551 7 Northwestern Mutual # 6876259 CSV on surviving spouse 17,041 8 Northwestern Mutual # 7397774 CSV on surviving spouse 7,716 9 Northwestern Mutual # 8151624 CSV on surviving spouse 14,887 10 Northwestern Mutual # 8996001 CSV on surviving spouse 4,016 3W46AD 1 000 TOTAL fAlso enter on line 5, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 91,469 . . REV-\S"0 EX. (6-98) SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Carol A. Devlin FILE NUMBER 21 06 1110 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. DESCRIPTON OF PROPERTY ITEM It'ULOE HE NAME OF TI-E TRANSFEREE THEIR RELATIONSHIP TO DECEDENT AND DATE OF DEATH % OF DECO'S EXCLUSION TAXABLE NUMBEF TI-E DATE OF TR.AJ\SFER ATTACH A COP'( OF THE DEED FOR REAL EST ATE VALUE OF ASSET INTEREST (IF APPLICABLE) VALUE 1 Carol Devlin Revocable Trust Residence (Wintergreen, VA) 850,000 100.0000 0 850,000 2 Carol Devlin Revocable Trust Investments (see attached) 936,586 100.0000 0 936,586 TOT AL (Also enter on line 7, Recapitulation) $ 1,786 586 (If more space IS needed, Insert additional sheets of the same size) 3W46AF 1 000 REV.1511 EX + (12.99) COMMONWEAL TH OF PENNSYL VANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF Carol A. Devlin FILE NUMBER 21 06 1110 Debts of decedent must be reported on Schedule I. ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES 1. Cemetery lot 500 2 Funeral reception 4,325 Total from continuation schedules 13,304 B. 1. ADMINISTRATIVE COSTS Personal Representative's Commissions Name of Personal Representative(s) Social Security Number(s) I EIN Number of Personal Representative(s) Street Address City State Zip Year(s) Commission Paid 2. Attorney Fees 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Michael Devlin 3,500 Street Address 6 Stonehedge Way City Carlisle State PA Zip 17015 Relationship of Claimant to Decedent SPOUSE 4. Probate Fees 630 5. Accountant's Fees 2,500 6 Tax Return Preparer's Fees 7. None 3W46AG 1.000 TOTAL (Also enter on line 9, Recapitulation) (If more space is needed, insert additional sheets of the same size) $ 24,759 Estate of: Carol A. Devlin 195-38-0174 Schedule H Part 1 (Page 2) Item No. Description Amount 3 Grave Marker 1,000 4 Hoffman-Roth Funeral Horne 9,504 5 Travel - family members 2,800 Total (Carry forward to main schedule) 13,304 REV-~1::.12 EX + (12-03) COMMONWEAL TH OF PENNSYL VANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Carol A. Devlin SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS FILE NUMBER 21 06 1110 Report debts incurred by the decedent prior to death which remained unpaid as of the date of death, including unreimbursed medical expenses. ITEM NUMBER DESCRIPTION VALUE AT DATE OF DEATH Community Life Team EMS 459 2 Medical expense 233 3W46AH 2 000 TOTAL (Also enter on line 10, Recapitulation) $ (If more space is needed. insert additional sheets of the same size) 692 REV-1513 EX+ (9-00) SCHEDULE J BENEFICIARIES COMMONWEAL TH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Carol A. Devlin NUMBER I 1 NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under Sec. 9116 (a) (1.2)J Aimee Andyshak 3027 Tipperary Road Northern Cambria, PA 15714 5.882% Residue: 3,463 2 Amber Andyshak 3027 Tipperary Road Northern Cambria, PA 15714 5.882% Residue: 3,463 3 Ashley Andyshak 140 A Chambersburg Street Gettysburg, PA 17325 5.882% Residue: 3,463 RELATIONSHIP TO DECEDENT Do Not List Trustee(s) FILE NUMBER 21 06 1110 AMOUNT OR SHARE OF ESTATE Niece Niece Niece 3,463 3,463 3,463 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 2 3 4 B CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS 1 Todd Baird Lindsay Foundation POBox 274, Carlisle, PA 17013 2 CARC - Project Share 5 N Orange St, Carlilse, PA 17013 3W46AI 1 000 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) $ 3,463 1,731 10,388 Estate of: Carol A. Devlin 195-38-0174 Schedule J Part 1 (Page 2) Item No. Description Relation Amount 4 Helen Andyshak POBox 62 Heilwood, PA 15745 11.763% Residue: 6,925 Mother 6,925 5 Brandon Devlin 206 Hilltop Avenue Garner, NC 27529 5.882% Residue: 3,463 Nephew 3,463 6 Colin Devlin 1112 Bynum Street Wilson, NC 27893 5.882% Residue: 3,463 Nephew 3,463 7 Michael B. Devlin 6 Stonehedge Way Carlisle, PA 17015 General Bequests: 1,793,736 Surviving Spouse 1,793,736 8 Lara Hayworth 1505 Debbs Lane Chesapeake, VA 23320 5.882% Residue: 3,463 Niece 3,463 9 Chris Kaufman 8299 Clover Ridge Drive Erie, PA 16509 5.882% Residue: 3,463 Nephew 3,463 10 Craig Kaufman 11813 Cherrywood Drive Locust Grove, VA 22508 5.882% Residue: 3,463 Nephew 3,463 11 Matthew Kaufman 1310 S Mt Joy Street Elizabethtown, PA 17022 5.882% Residue: 3,463 Nephew 3,463 Estate of: Carol A. Devlin Item No. Description 12 Mike Kaufman 5709 Timber Creek Drive Erie, PA 16509 5.882% Residue: 3,463 13 Brett Milanese 201 Wakefield Drive Charlotte, NC 28209 5.882% Residue: 3,463 14 Ryan Milanese POBox 1845 Welcome, NC 27374 5.882% Residue: 3,463 Schedule J Part 1 (Page 3) Nephew Nephew Niece 195-38-0174 Relation Amount 3,463 3,463 3,463 Estate of: Carol A. Devlin Item No. 3 4 195-38-0174 Schedule J Part 2 (Page 2) Description Amount St Jude's Childrens Researach Hospital 501 St Jude PI, Memphis, TN 38105 1,731 St Patrick Church 140 E Pomfret St, Carlisle, PA 17013 3,463 AMERICAr~ H6MEBANkNA Amencan Way Corporate Center 3840 Hempland Road Mountville, PA 17554 Phone (717) 285-6400 (877) BANKAHB (226-5242) CAROL A DEVLIN 6 STONEHEDGE WAY CARLISLE PA 17015-9115 11111111111111111111111111111111111111111.1,11111111111111"II www.bankahb.com FrM 1 *** CHECKING *** MONEY MARKET BEGINNING ACCOUNT NUMBER 0000102350 PREVIOUS STATEMENT BALANCE AS OF 10/20/06 ..... ... '" ......... .... PLUS 1 DEPOSITS AND OTHER CREDITS .. ........... """ LESS 2 CHECKS AND OTHER DEBITS ..... ..... """'" ... CURRENT STATEMENT BALANCE AS OF 11/20/06 .............. ........... NUMBER OF DAYS IN THIS STATEMENT PERIOD 31 STATEMENT DATE 11/20/06 0000102350 ACCOUNT NO. CYCLE-020 RATE 3.15000 !~~i:~ 5.114.47 4.134.62 '\ *** CHECK TRANSACTIONS *** SERIAL DATE AMOUNT 1 1016 11/15 1.276.92 I DATE ----------------------------------------------------------------------------------- AMOUNT SERIAL ----------------------------------------------------------------------------------- *** CHECKING ACCOUNT TRANSACTIONS *** DATE DESCRIPTION 11/09 AC-CITICARD PAYMENT-CHECK PYMT CK-0000I015 11/20 INTEREST PAYMENT DEBITS l 3.837.55 CREDITS 20.06 *** BALANCE BY DATE *** 10/20 9.229.03 11/09 5.391.48 11/15 ----------------------------------------------------------------------------------- 4.134.62 4.114.56 11/20 PAYER FEDERAL ID NUMBER................. INTEREST PAID YEAR TO DATE.............. THIS STATEMENT OVERDRAFT CHARGES........ THIS STATEMENT RETURNED ITEM CHARGES.... YEAR TO DATE OVERDRAFT CHARGES..... ..... YEAR TO DATE RETURNED ITEM CHARGES...... 23-3087841 690.20 .00 .00 .00 .00 ---------------------------------------------------- *** INTEREST EARNED THIS STATEMENT PERIOD DAYS IN PERIOD ......................... INTEREST EARNED ........................ ANNUAL PERCENTAGE YIELD EARNED (APY) .... *** 31 20.06 3.20% - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- AS OF SEPTEMBER 1. 2006. AMERICAN HOME BANK WILL NO LONGER BE OFFERING TELEPHONE BANKING. WE INVITE YOU TO TRY OUR FREE ONLINE BANKING AT WWW.BANKAHB.COM. TO REPORT A LOST OR STOLEN DEBIT CARD. PLEASE CALL 1-800-523-4175. NOTE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION 9N~M:ubW. GORDON REi;:;TPJJ r; 1"'::( irn(,:, f.,: f 1!n !Ic-n <~ F~ ppr;l'-:\l:-!1.ut:,,!(, f\f-V~(\,'; (d-'; r O;"T~ f)~)li(:"/i..)l;'~T~l; :~::'(':!{:P"~ D('PU(~ii:C '" January 16, :>001 Michael B Devlin 6 Stonehedge Way Carlisle PAl 7013 RE Michael B Devlin Policies ~6:>9301 5820210 6)70450 6799906 6816259 7397774 8151624 89%001 Dear Mr. Devlin Our condolences on the passing of your wife, Carol. As of November) lOOt), thi: interpolated tenninal values of the policies listed above are: Policy 5629301 5820210 6570450 6799906 6876259 7397774 8151624 8996001 Insured Michael H D.:vlin Michael 8 Devlin Michael n Devlin Michael B Ikvlin Michael IS rkvlin Michael IS Ikvlin Michael IS Devlin Michael IS D('vlin Interpolated Ji:.rrn Res(~ve $6,667.8{) $6,367 'r> $9,84R ':,(J $8,550X'; $ I 7,0.109D $1,116.-:1 $14,88696 $4,01~ j:j While we are happy to provide this illfonnation for you, Northwestf:m i'Vi nllla! is not in R position to advise you on tax matter~;. Voie feel it is important that Ollr poiicynwIlns discuss these issu(:s with an attomey. accountant or the IRS. Ifl can be of further assistance to you, please call me at (800) 388 8 r.n Sincerely, ~ ~ei4ta4 Gordon Reistad Enclosure: IRS 71) hJIms cc Donald E Fa.dor, CLU. n 7-n8 6868 POBox 1751' HanishurgPA 11105 O()j'j'l"l4) Tr12 Nonnwpstf'rn MutLJitl Liff' i I~,ur -'nCf> Con !jJitny I?D) OI';t \}J,~" ; 1(1<:,in !\Venue, MdW"tJkpe, Wisconsin I; ~7{J~J 414 7 ,r i, 1 11 l; 0'1 ~ ';~! u;u; Carol Devlin T/A CUSIP SECURITY # UNITS UNIT COST VALUE 04314H204 ARTISAN INTL FUND 1270.152 29.55 37,533 105320107 BRANDYWINE FUND 937.3 33.21 31,128 108747502 BRIDGEWA Y BLUE CHIP 35 IND 6274.04 7.93 49,753 220378EF6 CORRY PENN PA 3.25% 12/15/07 20000 99.64 19,928 23339C206 DWS EQUITY 500 INDEX 1001.382 155.05 155,264 23339E723 DWS SIT MUNIINSTL BD 1414.721 10.3 14,572 239080401 DAVIS NY VENTURE FD INC 1996.689 37.45 74,776 41014V869 JOHN HANCOCK SMALL CAP IND 979.244 12.52 12,260 411511306 HARBOR INTL FUND 421.05 60.16 25,330 45383QBFO INDEPENDENT BK 4.15% 7/31/07 20,000.0000 99.11 19,822 459200101 IBM COM 400 91.68 36,672 489645MP3 KENNETT SQ PA 3% 2/15/08 10,000.0000 99.12 9,912 548174CE9 LACKAWANNA PA SWR 3% 9/15/08 10,000.0000 98.86 9,886 55261F104 M & T BK CORP COM 68.0000 120.41 8,188 581291BZ3 MCKEAN CNTY PA 3.5% 11/1/11 20,000.0000 100.41 20,082 595679BU4 MIDDLE BUCKS PA 3.4% 2/15/09 20,000.0000 99.65 19,930 627196AVO MURRYSVILLE PA 3.55% 11/1/106 20,000.0000 100.52 20,103 687380105 ORRSTOWN FINL SVCS INC COM 235.0000 37.75 8,871 696420JL3 PALISADES PA 2.9% 9/1/2010 10,000.0000 96.81 9,681 721279EM5 PIKE CNTY PA 3.3% 10/01/2009 10,000.0000 99.18 9,918 857322V A6 PA ST PUB SCH 3% 11/01/10 10,000.0000 97.25 9,725 884116203 THIRD AVE SMALL CAP VALUE FD 2342.138 26.19 61,341 92204L203 VANGUARD PA TAX FREE 51,031.3300 1.00 51,031 92204L302 VANG PA TAX FREE L T ADMIRAL 3190.416 11.41 36,403 922908835 VANG MID CAP IDX INSTL 6465.659 19.22 124,270 922908876 VANGUARD SM CAP INDEX FD 592.534 31.48 18,653 94904P203 WEITZ VALUE FUND 788.471 40.24 31,728 959886CU4 W. WESTMORLAND PA 310/15/09 10,000.0000 98.26 9,826 936,586 SUMMARY OF SALIENT FEATURES Subject Address 330 Deer Spnngs POint Legal Description Lot 109 Deer Springs Section, Mountain SID 13-A, Wintergreen City Wmtergreen County Nelson Stale VA Zip Code 22958 Census Tracl 120086.9502 00 Map Relerence 16820 Sale Pnce I NJA Date oj Sale NJA Borrower Mike Devlin Lender Mike Devlin Size (Square Feet) 2,448 Price per Square Foot I Location Wintergreen Age 1 Condition Good lotalRooms 8 Bedrooms 5 8aths 45 Appraiser Sean B. McCoy, RAA Date 01 Appraised Value November 22, 2006 Final Estimate 01 Value $ 850,000 Form SSO - "WmTOTAl" appraisal soMware by a la mode, inc. - 1.800.AlAMODE ~_ c:,~l~'\l r.:.r?'f.t'~.;.:-',. f~2~7S;?>.\"",: Ii' ! .C [ci \\ f i )) '\\til i~. rj \~,!_,) l' -::.x:ll'i,,~l "ti' 'I..A.. ,,,<:'iY ,..;-.-.,'..... 1 H '''<:>~ ...;_;~... t. c.. REVOCABLE TRUST AGREEMENT THE CAROL A. DEVLIN REVOCABLE TRUST ~ THIS AGREEMENT is made and entered into this 't8 day of January, 2004, by and between CAROL A. DEVLIN, of South Middleton Township, Cumberland County, Pennsylvania, as Settlor (the "Settlor"), and LETORT MANAGEMENT & TRUST COMPANY, a Pennsylvania trust company with offices in Camp Hill, Pennsylvania, as Trustee (the "Trustee"). WIT N E SSE T H: WHEREAS, the Settlor may be desirous in the future of placing the active management and control of certain property in the hands of the Trustee. NOW, THEREFORE, for and in consideration of their mutual covenants and promises, the Settlor and Trustee agree as follows: ARTICLE ONE TRUST ASSETS S1.1 The Settlor, or any other party or person, may from time to time make policies of insurance on the Settlor's life, individual retirement account benefits, and/or qualified or non-qualified retirement plan benefits payable to the Trustee, or may transfer assets to the Trustee, subject to the terms of this Agreement, by inter vivos grant or by Will. The trust assets shall include the proceeds of all insurance policies payable to the Trustee and all such other {A507179} -1- benefits or added assets (collectivelY the "Trust Assets"), which shall be held, administered, distributed and governed by the Trustee, IN TRUST NEVERTHELESS, in accordance with the provisions of this instrument and any amendments hereto. 92.1 During the Settlor's liletime, the Trustee shall have, hold, manage, invest ARTICLE TWO DURING THE SETTLOR'S LIFETIME and reinvest the Trust Assets, collect the income, and ~2.1.1 The Trustee shall payor apply the entire net income as the Settlor may from time to time direct. The Trustee shall also pay to the Settlor such sums from or portions of the principal of the trust as the Settlor may from time to time request from the Trustee during the Settlor's lifetime. ~2.1.2 The Trustee shall pay and use such portion or all of the income and principal of the Trust Assets as the Trustee, in the Trustee's sole discretion, shall deem necessary from time to time to provide for the proper maintenance, support, medical, hospital, nursing or nursing home care of the Settlor and of the Settlor's husband, MICHAEL B. DEVLIN (the "Settlor's Husband"). 93.1 Upon the death 01 the Settlor, the Trustee shall divide and distribute the ARTICLE THREE UPON THE SETTLOR'S DEATH balance of the Trust Assets as follows: ~3.1.1 _ If the Settlor's Husband survives the Settlor, the. Trustee shall distribute the Trust Assets to the Settlor's Husband. ~3.1.2 If the Settlor's Husband does not survive the Settlor, the Trustee shall distribute the Trust Assets to the then serving Trustee of the Mike and Carol Devlin Charitable Trust created under the terms of the Will of the survivor of the Settlor and the Settlor's Husband, if it is then in existence, to be distributed under the terms thereof. If such Charitable Trust is not then in existence, the Trustee shall distribute such assets to {A507179:) -2- one or more organizations described in Section 2055(a) of the Internal Revenue Code in such proportions as the Trustee shall select in the Trustee's sole discretion, taking into consideration the charitable interests of the Settlor reflected by any written memoranda and by the Settlor's other charitable contributions. ARTICLE FOUR APPOINTMENT OF FIDUCIARIES whatsoever, without court approval. If LETORT MANAGEMENT & TRUST COMPANY is 54.1 Any Trustee hereunder may resign at any time, for any reason unable or unwilling to act or continue to act, for any reason whatsoever, the Selllor appoints the Settlor's Husband, MICHAEL B. DEVLIN, as successor Trustee. If the Sellior's Husband Is unable or unwilling to act or continue to act, for any reason whatsoever, such person(s) or institution(s) as the Settlor's Husband shall designate in an inter vivos or testamentary writing shall be appointed as successor Trustee. 94.2 AIi references herein to the "Trustee" shali mean the originaliy appointed Trustee or the successor Trustee, as the case may be. 95.1 No fiduciary under this Agreement shali be required to give bond or other ARTICLE FIVE POWERS OF FIDUCIARIES security for the faithful performance of the fiduciary's duties. 95.2 Any such fiduciary shali have the foliowing powers, in addition to those given by law: 55.2.1 To invest in, accept and retain any real or personal property, including stock of a corporate fiduciary or its holding company, without restriction to legal investments; {A507179} -3- . . 95.2.2 To sell, exchange, partition or lease for any period of time any real or personal property and to give options therefor for cash or credit, with or without security; 95.2.3 To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; 95.2.4 To hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or depository, or in book entry form or unregistered or in such other form as will pass by delivery; 95.2.5 To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributees on a non-pro rata basis, and for such purposes to make reasonable determinations of current values; 95.2.6 To terminate any trust created herein, the principal of which is or becomes too small in the Trustee's discretion to make the establishment or continuance of the trust advisable, and to make immediate distribution of the then remaining trust property to the beneficiary then entitled to the income of the trust property or, if there is more than one beneficiary, to the beneficiaries then entitled to the income of the trust property, in proportion to their respective interests therein or, if such interests are not defined, in equal shares to such beneficiaries. The receipts and releases of the distributees will terminate absolutely the right of all persons who might otherwise have a future interest in the trust, whether vested or contingent, without notice to them and without the necessity of filing an account in any court; 95.2.7 To execute any agreement relating to the disposition or redemption of any business interest that may be a part of the trust estate, whether the same involves a proprietary interest, a partnership interest or stock in a closely held corporation; 95.2.8 To operate or arrange for the operation of any business interest held hereunder, and to join or become a party to, or to oppose, any reorganization, readjustment, foreclosure, merger, voting trust, dissolution, consolidation or exchange relating to any such business interest; ~5.2.9 To engage in litigation and compromise, arbitrate or abandon claims; (AS07179} -4- 85.2.10 To determine the apportionment of receipts and expenses, including extraordinary cash dividends, stock dividends, capital-gain dividends of regulated investment companies and proceeds and expenses of the sale of unproductive real estate, between income and principal, such apportionment to be made so as to balance fairly the interests of any income beneficiary and the remaindermen; S5.2.11 To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person thereby affected; ARTICLE SIX PROVISION FOR TAXES, DEBTS AND EXPENSES expenses of her last illness, funeral, burial and administrative expenses of her estate and 86.1 The Trustee may pay any of the Settlor's legally enforceable debts, any estate taxes, inheritance taxes, transfer taxes and other taxes of a similar nature payable by reason of the Settlo~s death to any government or subdivision thereof upon or with respect to any property subject to any such tax, and any penalties thereon, or any portion thereof, in the Trustee's sole discretion, without reimbursement, out of the principal of that portion of Trust Assets disposed of by of Article Three hereof. ARTICLE SEVEN REVOCABILITY alter or revoke this instrument in whole or in part; provided, however, that the duties, powers, S7.1 The Settlor may, by instrument in writing delivered to the Trustee, modify, compensation and liability of the Trustee shall not be changed without the written consent of the Trustee. {A507179} -5- the Internal Revenue Code of 1986, as amended from time to time, or the corresponding 98.1 As used in this Agreement, the term "Internal Revenue Code" shall mean ARTICLE EIGHT MISCELLANEOUS PROVISIONS provision of subsequent law. that it is impossible to determine which survived, it shall be conclusively presumed and this 98.2 If the Settlor's Husband and the Settlor die under such circumstances Agreement shall be construed as if the Settlor's Husband had predeceased the Settlor. benefit of any beneficiary who is under (a) twenty-five (25) years of age, or (b) a legal disability 98.3 Whenever the Trustee is directed to distribute property to or for the or otherwise suffers from an illness or mental or physical disability that would make distribution directly to such beneficiary Inappropriate (as determined in the Trustee's sole discretion exercised in good faith), the Trustee may distribute such property to the person who has custody of such beneficiary, may apply such property for the benefit of such beneficiary, may distribute such property to a custodian for such beneficiary, whether then serving or selected and appointed by the Trustee (including the Trustee), under any applicable Uniform Transfers to Minors Act or Uniform Gifts to Minors Act, may distribute such property directly to such beneficiary's estate, or may distribute such property directly to such beneficiary (except if any of the conditions hereinbefore described in (b) apply), without liability on the part of the Trustee to see to the application of such property. This provision shall not In any way operate to suspend such beneficiary's absolute ownership of such property or to prevent the absolute vesting thereof in such beneficiary. (A507179} -6- S8.4 Except as otherwise may be provided in this Agreement, during the continuance of any of the trusts created hereunder and thereafter until the property is distributed to and received by any beneficiary hereunder, the principal sums thus held in trust for any beneficiary, respeciively, and the income thereof shall not be subject to or liable for any contracts, debts, engagements, liabilities or torts of such beneficiary noW or hereafter made, contracted, incurred or committed, but shall be absolutely free from the same, and such beneficiary shall have no power to sell, assign or encumber all or any part of the principal sums or such beneficiary's interest therein, respectivelY, or the income thereof, or to anticipate the income. S8.5 A corporate fiduciary shall be entitled to receive compensation for its services hereunder in accordance with its schedule in effect when the services are performed, but not in eXcess of such compensation as would be approved by a court of competent jurisdiction. An individual fiduciary shall be entitled to receive reasonable compensation for such fiduciary's services hereunder. S8.6 This instrument and any trust created hereunder shall be governed by the laws of Pennsylvania and shall have its situs in Cumberland County, Pennsylvania. [THE BALANCE OF THIS PAGE HAS BEEN lEFT INTENTIONAllY BLANK] {AS07179} -7- IN WITNESS WHEREOF, the Settlor and the Trustee have hereunto affixed their hands and seals and/or caused this instrument to be duly executed on the date and year first written above. WITNESS: SETTLOR: c:JC:/'t>F#-' / C!-!lidt( (J) ~ Carol A.. Devlin ~ ATTEST: TRUSTEE: _~f,{)~ LETORT MANAGEMENT & TRUST COMPANY {A507179) -8- THE CAROL A. DEVLIN REVOCABLE TRUST SCHEDULE A WITNESS: SETTLOR: /~~4 CLru# 0 ~ Carol A. Devlin ATTEST: TRUSTEE: ~r;o~ LETORT MANAGEMENT & TRUST COMPANY B~~~~~~ Title: {A507179} -9- COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this, the )..6 ~ day of January, 2004, before me, a notary public, the undersigned officer, personally appeared CAROL A. DEVLIN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) Notarial Seal d Kathy J. Weidner, Notary Public Carlisle Boro, Cumberland County My Commission Expires June 28, 2005 Member, Pennsylvania Association ot Notanes {A507179:) -10- COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this Z~~ay of January, 2004, before me, a Notary Public, the undersigned officer, personally appeared ~ y/~..5 J)/p rr>-1r-1J ,who acknowledged himse /herself to e the {! ()O of LETORT MANAGEMENT & TRUST COMPANY, and that he/she as such officer, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of said LETORT MANAGEMENT & TRUST COMPANY by himsele9s such officer IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~J-"~{)~ Notary P~ .' ..... My Commission Expires 'NOTARIAlSfAC/' KATIE E. CLARf(f', NQTARYPlIBUG. lOWER ALLEN 'TWp,CUMBERlANDCO. MY COMMISSION EXPIRES NOV7 2005 (SEAL) {A507179} -11- COpy AMENDMENT OF AGREEMENT OF TRUST THIS AGREEMENT is made and executed this 31st day of October, 2006, by and between CAROL A. DEVLIN, of South Middleton Township, Cumberland County, Pennsylvania, as Settlor (the "Settlor"), and LETORT MANAGEMENT & TRUST COMPANY, a Pennsylvania trust company with offices in Camp Hill, Pennsylvania, as Trustee (the "Trustee"). WIT N E SSE T H: WHEREAS, the Settlor, as Settlor, and the Trustee, as Trustee, entered into an Agreement of Trust dated January ,;{~'200,t(the "Trust Agreement"); and WHEREAS, Article Seven of the Trust Agreement reserves to the Settlor the right to modify, alter or revoke the Trust Agreement in whole or in part by instrument in writing delivered to the Trustee. NOW THEREFORE, the Settlor hereby amends the Trust Agreement to read as follows: 1. ARTICLE THREE of the Trust Agreement is hereby deleted and the following new ARTICLE THREE is substituted therefore: ARTICLE THREE UPON THE SETTLOR'S DEATH 93.1 Upon the death of the Settlor, the Trustee shall divide and distribute the balance of the Trust Assets as follows: S3.1 ,1 If the Settlor's Husband survives the Settlor, the Trustee shall distribute the Trust Assets to the Settlor's Husband. (A857728: I) S3.1.2 If the Settlor's Husband does not survive the Settlor, the Trustee shall distribute the Trust Assets in equal shares to the following of the Settlor's and the Settlor's Husband's nieces and nephews who survive the Settlor: S 3.1.2.1 Lara Hayworth; S 3.1.2.2 Ryan Milanese; S 3.1.2.3 Brett Milanese; S 3.1.2.4 Brandon Devlin; S 3.1.2.5 Colin Devlin; 9 3.1.2.6 Ashley Andyshak; 93.1.2.7 Amber Andyshak; f 93.1.2.8 Amie Andyshak; \ 93.1.2.9 Chris Kaufman; .~-- , '. 93.1.2.10 Craig Kaufman; 9 3.1.2.11 Matt Kaufman; 9 3.1.2.12 Mike Kaufman; IN WITNESS WHEREOF, the Settlor and the Trustee have hereunto affixed their hands and seals and/or caused this instrument to be duly executed on the date and year first written above. WITNESS: SETTLOR: ~~~ caro~~ A^~~ ATTEST: TRUSTEE: fZfL 9PL-- LETORT MANAGEMENT & TRUST COMPANY B~~~~~~~'O~.- Title: ..~~~ (A857728I } . . COMMONWEALTH OF PENNSYLVANIA ) ) ) SS: COUNTY OF DAUPHIN On this, the 31 st day of October, 2006, before me, a notary public, the undersigned officer, personally appeared CAROL A. DEVLIN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. , ~ )-f. {kv.:. Notary Public My Commission Expires: (SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Marianne H. Acri, Notary Public City of Harrisburg, Dauphln County My Commission Expires June 10, 2010 (A8577281 ) < . COMMONWEALTH OF PENNSYLVANIA COUNTY OF OAV'tffIN ) ) ) SS: .)JA- f On this I day 0 Oc;hbu- , 2006, before me, a Notary Public, the undersigned officer, personally appeared G. fr\G4--tlt\ ~('hd~4'1e< , who acknowledged himself/herself to be the f(u,'~+ of LETORT MANAGEMENT & TRUST COMPANY, and that he/she as such officer, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of said LETORT MANAGEMENT & TRUST COMPANY by himself/herself as such officer IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ 1-1. tf.uv,' Notary Public My Commission Expires: (SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Marianna H. Acrf, Notary Public City of Harrisburg, Dauphln County My Commission EXpIres June 10, 2010 (A857728! ) COMMONWEALTH OF PENNSYLVANIA DEPAR, >'FNT OF REVENUE · BUREAU [F INDIVIDUAL TAXES DEPT 260601 HARRISBURG, PA 17128-0601 REV-1162 EX(11-96) RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT DEVLIN MICHAEL B 6 STONEHEDGE WAY CARLISLE, PA 17015 -------- j'.Jld ESTATE INFORMATION: SSN: 195-38-0174 FILE NUMBER: 2106-1110 DECEDENT NAME: DEVLIN CAROL A DA TE OF PAYMENT: 01/23/2007 POSTMARK DATE: 01/23/2007 COUNTY: CUMBERLAND DA TE OF DEATH: 11/02/2006 NO. CD 007729 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 I $ 6, 2 1 8.00 I I I I I I I I TOTAL AMOUNT PAID: REMARKS: CHECK# 1671 SEAL INITIALS: WZ RECEIVED BY: REGISTER OF WILLS $ 6, 2 1 8.00 GLENDA FARNER STRASBAUGH REGISTER OF WILLS