HomeMy WebLinkAbout04-09-07
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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
Secial Security Number Date .of Death
OFFICIAL USE ONLY
g.ounty .Code Year
INHERITANCE TAX RETURN
RESIDENT DECEDENT 21 06
File Number
0631
167-12-2871
01/08/2006
Date .of Birth
06/17/1920
Decedent's Last Name
Decedent's First Name
MI
Sturdivant
Dorothea
K
(If Applicable) Enter Surviving Spouse's Information Below
Last Name Suffix
First Name
MI
Speuse'sSecialS.Elc.u~ty..Nurnber
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
FILL IN APPROPRIATE OVALS BELOW
{:at 1. Original Return
c::::J
2. Supplemental Retum
C..:l
3. Remainder Return (date .of death
prier te 12-13-82)
5. Federal Estate Tax Return Required
4. Limited Estate
c::::J 4a. Future Interest Cempremise (date .of
death after 12-12-82)
c::::J 7. Decedent Maintained a Living Trust
(Attach Cepy efTrust)
c::::J 10. Speusal Peverty Credit (date .of death 11. Electien te tax under Sec. 9113(A)
between 12-31-91 and 1-1-95) (Attach Sch. 0)
CORRESPONDENT - THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO:
Name gi:!ytirnEl'-ElIElP~ene NUrn~er
6. Decedent Died Testate
(Attach Cepy .of Will)
9. Litigatien Preceeds Received
...0
8. Tetal Number .of Safe Depesit Bexes
Michael A. Scherer, Esq
(717)
Firm Name
O'Brien Baric & Scherer
First line .of address
\....:;
19 West South Street
Secend line .of address
r,
.or Pest Office
DATE FILED
Carlisle
17013
Cerrespendent's e-mail address:mscherer@obslaw.com
Under penalties .of perjury, I declare that I have examined this return, including acc.ompanying schedules and statements, and te the best .of my knewledge and belief,
it is true, correct and complete. Declaratien .of preparer ether than the persenal representative is based en all infermatien .of which preparer has any knewledge.
SIBLE FO LING RETURN T
ADDR
19 West South Street, Carlisle, PA 17013
PLEASE USE ORIGINAL FORM ONLY
Side 1
L
15056051058
15056051058
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p)
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15056052059
REV-1500 EX
Decedent's Name:
Dorothea
K Sturdivant
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) . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4.
5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) . . . . . . .. 5.
6. Jointly Owned Property (Schedule F) c::J 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8.
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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.
12. Net Value of Estate (Line 8 minus Line 11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.
13. Charitable and Govemmental Bequests/See 9113 Trusts for which
an election to tax has not been made (Schedule J) . . . . . . . . . . . . . . . . . . . . . . . . 13.
14. Net Value Subjectto Tax (Line 12 minus Line 13) .. . . . . . . . . . . . . . . . . . . . . . . 14.
167-12-2871
Decedent's Social Security Number
0.00
0.00
289,210.92
0.00
315,090.78
16,000.69
2,566.77
18,567.46
296,523.32
296,523.32
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 45 296,523.32
17. Amount of Line 14 taxable
at sibling rate X .12
18. Amount of Line 14 taxable
at collateral rate X .15
15.
19. TAX DUE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19.
20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
15056052059
Side 2
L
16.
17.
18.
15056052059
13.343.55
13,343.55
c::)
---I
REV-1500 EX Page 3
File. Number
Decedent's Complete Address: I 21 i I 06 i 0631 I
DECEDENT'S NAME DECEDENT'S SOCIAL SECURITY NUMBER
Dorothea K Sturdivant 167-12-2871
STREET ADDRESS
833 Walnut Lane
CITY I STATE I ZIP
Carlisle PA 17013-3559
Tax Payments and Credits:
1. Tax Due (Page 2 Line 19) (1)
2. Credits/Payments
A. Spousal Poverty Credit
B. Prior Payments
C. Discount
13,343.55
Total Credits ( A + B + C ) (2)
15,000.00
3. Interest/Penalty if applicable
D. Interest
E. Penalty
Total Interest/Penalty ( 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)
1,656.45
0.00
B. Enter the total of Line 5 + SA. This is the BALANCE DUE.
(SA)
(5B)
A. Enter the interest on the tax due.
0.00
Make Check Payable to: REGISTER OF WILLS, AGENT
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Did decedent make a transfer and: Yes No
a. retain the use or income of the property transferred;.......................................................................................... D [i]
b. retain the right to designate who shall use the property transferred or its income; ............................................ D [i]
c. retain a reversionary interest; or.......................................................................................................................... D [i]
d. receive the promise for life of either payments, benefits or care? ...................................................................... D [i]
2. If death occurred after December 12, 1982, did decedent transfer property within one year of death
without receiving adequate consideration? .............................................................................................................. D [i]
3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? .............. D [i]
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which
contains a beneficiary designation? ........................................................................................................................ D [i]
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. 99116 (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. 99116 (a) (1.1) (ii)]. The statute does not exemot 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. 99116(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. 99116(1.2) [72 P.S. 99116(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. 99116(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-1508 EX+ (6-98) .
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
ESTATE OF
Dorothea K. Sturdivant
FILE NUMBER
21-06-0631
Include the proceeds of litigation and the date the proceeds were received by the estate.
All property Jointly-owned with right of survivorship must be disclosed on Schedule F.
ITEM
NUMBER
DESCRIPTION
VALUE AT DATE
OF DEATH
Allianz Annuities
#70044285
146,478.06
142,732.86
#70054170
TOTAL (Also enter on line 5, Recapitulation) $
(If more space is needed, insert additional sheets of the same size)
289,210.92
REV-1509 EX+ (6-98*
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE F
JOINTLY-OWNED PROPERTY
ESTATE OF
Dorothea K. Sturdivant
FILE NUMBER
21-06-0631
If an asset was made joint within one year of the decedent's date of death, it must be reported on Schedule G.
SURVIViNG JOiNT TENANT(S) NAME
ADDRESS
RELATIONSHIP TO DECEDENT
A'Joyce A. Levin
833 Walnut Lane
Carlisle, Pennsylvania 17013
daughter
B.
C.
JOINTLY.OWNED PROPERTY:
LETTER
ITEM FOR JOINT
NUMBER TENANT
1. A.
DATE
MADE
JOINT
DESCRIPTION OF PROPERTY
INCLUDE NAME OF FINANCIAL INSTITUTION AND BANK ACCOUNT NUMBER OR SIMILAR
IDENTIFYING NUMBER. ATTACH DEED FOR JOINTLY-HELD REAL ESTATE.
DATE OF DEATH
VALUE OF ASSET
%OF
DECO'S
INTEREST
DATE OF DEATH
VALUE OF
DECEDENT'S INTEREST
09/01/03
Checking Account
No 1n100R046??75
51,759.73
50
25,879.86
TOTAL (Also enter on line 6, Recapitulation) $
(If more space is needed, insert additional sheets of the same size)
25,879.86
REV-1511 EX+ (12-99)*
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
FILE NUMBER
21-06-0631
ESTATE OF
Dorothea K. Sturdivant
ITEM
NUMBER
A.
B.
1.
Debts of decedent must be reported on Schedule I.
DESCRIPTION
AMOUNT
1.
FUNERAL EXPENSES:
St. Patrick's
Empire Restaurant reception I Thomwald dinner
Hoffman - Roth Funeral Home
Flowers by Mt. Lakes
Gerry Sirvcante (vocalist/piano)
Glenwood Memorial Gardens
St. Dorothy's RC Church (Priest)
ADMINISTRATIVE COSTS:
250.00
4,320.00
2,439.60
493.89
125.00
1,420.60
500.00
2.
3.
4.
5.
6.
7.
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 1,920.00
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 316.41
5. Accountant's Fees
6. Tax Return Preparer's Fees
7. George Christ (estate advisor fee) 1,000.00
8. George Christ (payment-member Hanerch CC - luncheon for burial) 2,870.45
9. Mary Sturdivant (burial flowers) 89.15
10. Cumberland Law Journal (legal advertising) 75.00
11. The Sentinel (legal advertising) 180.59
TOTAL (Also enter on line 9, Recapitulation) $
(If more space is needed, insert additional sheets of the same size)
16,000.69
REV-1512 EX+ (12-03) '*
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE I
DEBTS OF DECEDENT,
MORTGAGE LIABILITIES, & LIENS
ESTATE OF
Dorothea K. Sturdivant
Report debts Incurred by the decedent prior to death which remained unpaid as of the date of death, including unrelmbursed medical expenses.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
FILE NUMBER
1.
PharMerica (3/6)
24.50
2.
PharMerica (7/18)
78.15
3.
UCC of Christ (Thornwald) (1/16)
4.
Pennsylvania Department of Revenue - Irrevocable Trust Tax
2,207.12
7.00
5.
Bankcard Services
250.00
TOTAL (Also enter on line 10, Recapitulation) $
(If more space is needed, insert additional sheets of the same size)
2,566.77
REV-1513 EX+ (9-00)
SCHEDULE J
BENEFICIARIES
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Dorothea K. Sturdivant
FILE NUMBER
21-06-0631
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 Joyce A. Levin, 833 Walnut Lane, Carlisle, PA 17013 daughter 50%
2 Dorothea K. Sturdivant 2004 Irrevocable Trust Agreement Dated 06/15/04 trust 50%
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)
~O'fI/iII ~ dT~
of
DOROTHEA K. STURDIVANT
"
,
I, Dorothea K. Sturdivant, of Cumberland County, Pennsylvania, being of sound mind,
memory and understanding, do hereby make, publish and declare this as and for my Last Will
and Testament, hereby revoking all other wills and codicils heretofore made by me.
ITEM ONE: I direct the payment of my debts and the expenses of my last illness and
funeral from my estate as soon after my death as conveniently may be done.
ITEM TWO: I direct that all taxes that may be assessed in consequence of my death,
of whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary
estate as a part of the expense of administration of my estate.
ITEM THREE: I give and bequeath such of my personal property as may be listed on a
signed and dated memorandum kept with my Will to the persons named thereon, provided
they survive my death. Should such a memorandum not be found with my Will, it shall be
conclusively presumed that none was prepared, and all of my personal property shall pass
according to the remaining provisions of this Will.
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ITEM FOUR: I give, devise and bequeath one-half of the rest, residue and remainder
of my estate to my daughter, Joyce A. Levin, per stripes, provided she survives me by thirty
(30) days. In the event Joyce A. Levin predeceases me or fails to survive me by thirty (30)
days, I give, devise and bequeath her share of my estate to her children, in equal shares.
I give, devise and bequeath the other one-half of the rest, residue and remainder of my
estate to the Dorothea K. Sturdivant 2004 Irrevocable Trust Dated July 20,2004. In the
event that my daughter, Mary E. Sturdivant, the sole beneficiary of the Dorothea K.
Sturdivant 2004 Irrevocable Trust Dated July 20, 2004 predeceases me or fails to survive
me by thirty (30) days, I give, devise and bequeath the remaining one-half of my estate to
Joyce A. Levin, per stirpes.
ITEM FIVE: I confer upon my executor the right to sell or otherwise convert any real or
personal property at public or private sale, at such time or times, in such manner, and for such
price or prices, and 0(1 such terms and conditions as my executor shall determine, and to
execute and deliver good and sufficient conveyances, assignments and transfers of the
property, without liability of any purchaser for the application of any consideration; to borrow
money and to secure its payment by mortgage of real or personal property, pledge of
investments, or otherwise, without liability on the part of the lenders to see to the application
thereof; to retain any investments at discretion; to invest and reinvest at discretion, without
restriction to so-called "legal investments;" to make distribution in cash or in kind; to allocate
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and distribute different kinds or disproportionate shares of property or undivided interests in
property among beneficiaries, in case or in kind, or partly in each; and to do all other acts and
things necessary or appropriate in the management, administration and distribution of my
estate.
ITEM SIX: I direct that no trustee, executor, guardian or other fiduciary named,
nominated, or appointed by this my Last Will and Testament shall be required to post any
bond or give any security of any type for any purpose whatsoever, any law or rule of the court
of the Commonwealth of Pennsylvania or any other jurisdiction to the contrary notwithstanding.
I direct that the law of the Commonwealth of Pennsylvania shall apply to any interpretation or
application of the validity of this instrument.
ITEM SEVEN: Any and all payment or payments of any sum or sums, whether in cash
or in kind and whether for principal or income, payable to an heir, or any of them, shall be
made upon the sole receipt of the respective individual to whom the payment is made, and
.
free from anticipation, alienation, assignment, attachment, and pledge, and free from control
by the creditors of any such beneficiary.
ITEM EIGHT: I appoint my daughter, Joyce A. Levin, Executrix of this my Last Will
and Testament. Should my said Executrix fail to survive me or for any reason fail to qualify as
Executrix, then I appoint George Christ, alternate Executor of this my Last Will and
Testament.
3
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will
and Testament, consisting of four (4) typewritten pages, the first three (3) of which bear my
signature in the margin for the purpose of identification, this the 20th day of July, 2004.
~--- l~vyvJtli..~t."<)-yt,EAL)
Dorothea K. $turdivant
Signed, sealed, published and declared by the above named testatrix, Dorothea K.
Sturdivant, as and for her Last Will and Testament, in the presence of us, who, at her request,
in her sight and presence, and in the sight and presence of each other, have hereunto
subscribed our names as witnesses.
~fY0. ADDRESS 210 ft.t:rvJ.(.vJ ~t. (j.II,'S!-t ?A 17011
CIMtd m. t:U{'~
ADDRESS 9t ,Jduo~,d'( )L.. ;(I~~, f1a /7tJ/3
4
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
We, Dorothea K. Sturdivant, /l1i~el A. 5t,t,~I"(/ and 77;t~ /11. Arc-e.",,', the
testatrix and the witnesses, respectively, whose names are signed to the attached or foregoing
instrument, being first duly sworn, do hereby declare to the undersigned authority that the
testatrix signed and executed the instrument of her Last Will and Testament, and that she
signed willingly and that she executed as her free and voluntary act for the purposes therein
expressed, and that each of the witnesses, in the presence and hearing of the testatrix, signed
the Will as witnesses, and that to the best of their knowledge, the testatrix was at the time
eighteen (18) years of age or older, of sound mind and under no constraint or undue influence.
Sworn to and subscribed before me this the 2 D th day of July, 2004.
!l
~~~x.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal .
Amanda L. Fisher, Notary Pubhc
Carlisle Boro, Cum~rland County
M Commission Ex Ires A r. 17, 2006
Member, Pennsylvania Assoclat!on 01 NO'<lries
5
DOROTHEA K. STURDIVANT 2004 IRREVOCABLE
TRUST AGREEMENT DATED JULY 20. 2004
THIS TRUST AGREEMENT, made this 20th day of July, 2004, by and between:
DOROTHEA K. STURDIVANT, of Carlisle, Pennsylvania, hereinafter referred to as
"SETTLOR,"
and-
JOYCE A. LEVIN, of Carlisle, Pennsylvania, hereinafter referred to as
"TRUSTEE,"
The Trust created by this Agreement shall be known as the "Dorothea K.
Sturdivant 2004 Irrevocable Trust Dated July 20, 2004" and this Agreement, under
which the said Trust is created, shall hereinafter be known as the "Dorothea K.
Sturdivant 2004 Irrevocable Trust Agreement Dated July 20, 2004."
WITNESSETH:
ARTICLE ONE- TRUST ESTATE
The SETTLOR has transferred and delivered to the TRUSTEE, without
consideration on her part, the property described in "Exhibit A" attached hereto and
made a part hereof, the receipt of which is hereby acknowledged by the TRUSTEE.
Such property and all property hereafter subject to this Trust shall constitute the Trust
Estate and shall be held, managed, administered and distributed by the TRUSTEE as
hereinafter provided.
ARTICLE TWO- IRREVOCABILITY OF TRUST
This Trust shall be irrevocable and shall not be altered, amended, revoked or
terminated by either the SETTLOR or any other person.
1
ARTICLE THREE- SUCCESSOR TRUSTEES
In the event that Joyce A. Levin should die, resign, become incapacitated or for any
other reason be unable to continue to act as TRUSTEE of this Trust, then George
Christ, shall act TRUSTEE in her place. In the event that neither of the above persons
is able to act as TRUSTEE, then LeTort Management & Trust Company, of Camp Hill,
Pennsylvania, shall act as TRUSTEE in the place of the two TRUSTEES who are
unable to serve.
ARTICLE FOUR- DISTRIBUTION OF INCOME
TRUSTEE shall, during the term of the Trust's existence, be authorized to
distribute to or for the benefit of MARY E. STURDIVANT, who is at times hereinafter
referred to as the "Income Beneficiary" of the Trust, such amounts of the Trust's net
income as the TRUSTEE, in TRUSTEE's sole discretion, determines to be necessary
for said beneficiary's health, maintenance and support. Any Trust net income that is
not distributed during any year shall be accumulated and added to the principal of the
Trust.
ARTICLE FIVE- TRUSTEE'S DISCRETION TO
DISTRIBUTE PRINCIPAL DURING TRUST TERM
During the term of the Trust, the TRUSTEE shall, in TRUSTEE's sole discretion,
be authorized from time to time to distribute such amounts of TRUST principal,
including the entire amount thereof, as are determined by TRUSTEE to be required for
the health, maintenance and support of the beneficiary. TRUSTEE may do so even
though the effect may be to prevent the income beneficiary from receiving any or any
more Trust net income.
2
ARTICLE SIX- TERMINATION OF TRUST
The Trust created under this Agreement shall terminate upon the death of MARY
E. STURDIVANT or upon the distribution of the entire Trust Principal, which ever occurs
first. At the termination of this Trust, the entire remaining Trust principal, including any
accumulated income, shall be distributed to JOYCE A. LEVIN, if she is then living, or to her
issue, per stirpes; PROVIDED, HOWEVER, that nothing shall prevent TRUSTEE from
exercising TRUSTEE's discretion to make earlier distributions of Trust principal, up to the
entire amount thereof, to MARY E. STURDIVANT.
ARTICLE SEVEN- POWERS OF TRUST
In order to carry out the purposes of this Trust Agreement, the TRUSTEE, in
addition to all other powers granted by law, shall have the following powers and discretions:
(A) To retain any property, including real estate, received by the Trust Estate for
as long as the TRUSTEE considers advisable.
(8) To purchase, invest and reinvest in every kind of property, including real
estate, and investments which women of prudence, discretion and intelligence acquire for
their own accounts.
C) To manage, control, repair and improve all Trust property.
(D) To sell for cash or on such terms and conditions as deemed advisable or
desirable by the TRUSTEE any Trust property, and to exchange any Trust property.
(E) To adjust or compromise any claims for or against the Trust, and to agree to
any rescission or modification of any contract or agreement.
3
(F) To lease any property for terms within or beyond the duration of the Trust for
any purpose which the TRUSTEE, in her discretion, may deem advisable, with or without
an option to purchase, and to make such improvements or effect such repairs or
replacements to any real estate subject to this Trust Agreement, and to insure such real
estate against fire or any other risks, and to charge the expense therefor to principal or
income or part thereof to each, as the TRUSTEE may deem proper, and to develop such
property, to subdivide it, dedicate it to public use, or grant easements thereon as the
TRUSTEE may consider advisable.
(G) To borrow money and to mortgage or pledge or otherwise encumber or
hypothecate Trust assets as the TRUSTEE may, in her discretion, deem advisable, either
for herself individually or from others.
(H) In any division or distribution of the Trust Estate, and in the discretion of the
TRUSTEE, to divide and distribute property of the Trust Estate in money or in kind,
including undivided interests, or partly in money or partly in kind, including undivided
interests; to exercise such powers, herein conferred, after the termination of the Trust
Estate until final distribution of the Trust assets; and to evaluate Trust property for the
purposes of determining the amount of the Trust principal to be distributed to each
Beneficiary named herein, which valuation shall be conclusive and binding.
(I) To collect any and all income earned by the Trust and to pay for any and all
Trust expenses, including payment of all taxes and other expenses of administering the
trust, including compensation paid to attorneys, accountants, investment advisors or other
professionals for services rendered.
4
All powers given to the TRUSTEE by this Trust Agreement are exercisable by the
TRUSTEE only in a fiduciary capacity. No power given to the TRUSTEE hereunder shall
be construed to enable the SETTLOR or any person to purchase, exchange or otherwise
deal with or dispose of the principal or income therefrom for less than adequate
consideration in money or monies worth; to permit the SETTLOR or any other contributor
to the Trust to borrow income or principal; or to authorize loans to a person other than the
SETTLOR or any other contributor to the Trust Except on the basis of an adequate interest
charge and with adequate security. No person, other than the TRUSTEE, shall have or
exercise the power to vote or direct the voting of any corporate shares or other securities
of this Trust, to control the investments of this Trust either by directing investments or
reinvestments or by vetoing opposed investments or reinvestments, or to require or
exchange any property of this Trust by substituting other property of equivalent value. The
TRUSTEE shall not use the income or principal of the Trust to pay premium on insurance
on the life of the SETTLOR.
ARTICLE EIGHT-SPENDTHRIFT
The interests of any and all beneficiaries of this trust in the principal and/or income
of the Trust Estate shall not be subject to the claims of his/her creditors or creditors of
others, nor to legal process, and may not be voluntarily or involuntarily alienated or
encumbered.
ARTICLE NINE- RESIGNATION. REPLACEMENT
AND COMPENSATION PROVISIONS
Any Trustee hereunder shall have the right to resign, at any time, for any reason
whatsoever, without Court approval.
5
Any non-corporate Trustee may apply to the Court for permission to charge
reasonable compensation for the duties actually discharged as Trustee.
Corporate fiduciaries shall be entitled to receive compensation for its services
hereunder in accordance with its schedule in effect when the services are performed.
ARTICLE TEN- GENERAL
This Trust Agreement shall be governed by the laws of the Commonwealth of
Pennsylvania.
IN WITNESS WHEREOF, this Trust Agreement has been signed by the SETTLOR
and the TRUSTEE on the 20th day of July, 2004.
~/r,~
, DOROTHEA K. STURDIVANT, SETTLOR
~a/~ )
J CE A. LEVIN, TRUS ~
6
COUNTY OF CUMBERLAND
)
): SS.
)
COMMONWEALTH OF PENNSYLVANIA
On this, the Aom day of "- )ul~ ,2004, before me, the
undersigned officer, personally appeared Doro hea K. Sturdivant, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within
instrument, and acknowledged that she executed same for the purposes therein,
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
()nJ-/~ 1t\ <<SjU-v
(seal)
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Amanda L. Fisher, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires Apr. 17, 2006
Member, PennsylvaniaA.sso.:i8;;CP of Notnries
COUNTY OF CUMBERLAND
)
): SS.
)
COMMONWEALTH OF PENNSYLVANIA
On this, the ;?Obi day of ,July ,2004, before me, the
undersigned officer, personally appeared Joyce A. Levin, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that she executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
. //.
tLnu~ ?A ~0
(sea!)
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Am~da L. Fisher, Notary Public
Carlisle Boro, Cumberland County
My Commission E>:"ir~s Apr. 17,2006 I
Member, Pennsy!vam<, r\~SCc,3jC\n of N()~ari.}'?
7
Fax Transmittal
10/17/2006 12:58 PM PAGE
2/003
Fax Server
:.>x~
".-
~ ""'--
'Wl\cIlOVIA
Reference ID: 1791797
Wachovia Bank NA
Balance Confirmation Services
POBox 40028
Roanoke, VA 24022-7313
October 17, 2006
OBIDENB~C&SCHERER
ATTN: MICHAEL A SCHERER
19 WEST SOUTH STREET
CARLISLE, P A 17013
SUBJECT: Verification I Confirmation of Account and Balance Information provided for:
Customer: DOROTHEA K STURDIVANT (SSN# 167-12-2871)
Date of Death: January 8, 2006
Deposit Account Information
AccOlmt
Type
Account
Number
Date of Death
Balmce
Average
Balmce'
Date
Opened
Maturity Interest Accrued YTD Date
Date Rate Interest Interest Paid Closed
CHECKING 1010080462275
LEGAL TInE: DOROTHEASTlIRDlVANT
JOYCE A LEVIN
$51,759.73
9/212003
$26.19
$0.00
· Due to system limitatiolL'i. we can only provide a twelve month average balance on depository accounts.
Revolvin2 Credit Information
Account
Type
Account
Number
Date of Death
Balance
Credit
Limit
Date
Opened
Date
Closed
Times Legal Title
1..,te
VISA
4264299266562819
MBNA - Revolving credit accounts are no longer serviced by Wachovia Bank. Please contact MBNA at 800-477-9131.
Fax Tran5mittal
10/17/2006 12:58 PM PAGE
3/003
Fax Server
::~~
,--
c:" "'-_
~HOVIA.
Reference ID: 1791797
No Safe Deposit Box found for ell' tamer.
· Date of death balance does not include accrued interest.
* If date of death occurrs on a weekend or a holiday, date of death balance does not include any transactions that were
made during that time period.
~Q..~
Teresa Bennett
Servicenter Associate
Phone: (540)563-7323
11; tb
4/4/2007 2:42 PM
Allianz Life -) 7172495755
Alhanz life Insurance Company of North Amenca
PO Box 59060
Minneapolis. MN 55459-0060
800/950-1962
AlIianz (ffi)
Apnl 24. 2006
ESTATE OF DOROTHEA STURDIVANT
C/O MARC LINSKY, AGENT
FAX: 856-482-5362
Re: DOROTHEA STURDIVANT, deceased
Annuity Polley Number 70044285 and 70054170
Dear Executor:
ThIS letter IS In reference to your request for the date of death value on the
above polley.
Please be advised that the cash surrender value as of January 8, 2006 was as
follows:
Polley 70044285
Polley 70054170
$142.732.86
$146,478.06
Should you have any questions, please feel free to contact our office. Thank
you
Smcerely,
John WltcpaleklbJ
Claim Exammer
Page 2 of 9