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HomeMy WebLinkAbout09-12-07 (3) -I 15056041169 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 q ~ File Number (Q'l Date of Birth 189-09-1036 06132007 09301917 Decedent's Last Name Suffix Decedent's First Name KRIZAK CAROLYN MI R (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MI Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE BOXES BELOW IX] 1. Original Retum D 4. Limned Estate IX! D 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 of Trust) D 10. Spousal Poverty Credn (date of death D 11. Election to tax under Sec. 9113(A) between 12-31-91 and 1-1-95) (Attach Sch. 0) r-.) c:.::".J CORRESPONDENT - THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULl(il: DIRECTED TO~ Name Daytime Telep~cf~umber ~ DAVID A HAMILTON 717-697Ji~~ ~ ..c-::x) N REGISTER \.0) rJLS U~NLY . '~=--2 --T'i :r: D 3. Remainder Return (date of death prior to 12-13-82) D 5. Federal Estate Tax Retum Required 6. Decedent Died Testate (Attach Copy of Will) 9. Lnigation Proceeds Received 1 8. Total Number of Safe Deposit Boxes ;--~ ) ~r, ~ .:.~.=' I Firm Name (If Applicable) First line of address . :.b ~ HAMILTON & MUSSER PC 0' U1 176 CUMBERLAND PARKWAY Second line of address City or Post Office state ZIP Code DATE FILED MECHANICSBURG PA 17055 DHAMILTON@HNMCPAS.COM ADDRESS 176 CUMBERLAND PKY. MECHANICSBURG PA 17055 SIGNATURE OF PREPARER OTHER THAN REPRESENTATIVE DATE ADDRESS PLEASE USE ORIGINAL FORM ONLY Side 1 L 15056041169 15056041169 -I \~\ -...J 15056042160 REV-1500 EX Decedent's Name: CAROLYN R KRIZAK 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) D Separate Billing Requested . . . . . . . 6. 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (Schedule G) D 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 Governmental 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. 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 .01.5. 2 , 490 , 429 . 31 17. Amount of Line 14 taxable at sibling rate x .12 18. Amount of Line 14 taxable at collateral rate x .15 15. 16. 17. 18. 19. TAX DUE ........................................................ 19. 20. FILL IN THE BOX IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT Side 2 L 15056042160 Decedent's Social Security Number 189-09-1036 1,649,289.03 172,804.59 698,161. 33 2,520,254.95 22,410.05 7,415.59 29,825.64 2,490,429.31 2,490,429.31 112,069.32 112,069.32 D 15056042160 -...J REV-1500 EX Page 3 Decedent's Complete Address: File Number 21- 07 - 0675 DECEDENTS NAME Carolyn R Krizak STREET ADDRESS 722 Oak Circle CITY I STATE I ZIP Mechanicsburg PA 17055 Tax Payments and Credits: 1. Tax Due (Page 2 Une 19) 2. CreditslPayments A. Spousal Poverty Credit B. Prior Payments C. Discount (1 ) 112,069.32 5.603.47 3. InterestlPenalty if applicable D. Interest E. Penalty Total Credits (A + B + C) (2) 5,603.47 TotallnterestlPenalty (0 + E) (3) 4. If Une 2 is greater than Une 1 + Une 3, enter the difference. This is the OVERPAYMENT. Fill in box on Page 2, Une 20 to request a refund. (4) 0.00 5. If Line 1 + Une 3 is greater than Une 2, enter the difference. This is the TAX DUE. (5) 106,465.85 A. Enter the interest on the tax due. B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5A) (5B) 106,465.85 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 [iJ b. retain the right to designate who shall use the property transferred or its income;. . . . . . . . . . . . . . . . . . .. D ~ c. retain a reversionary interes~ or ......................................................... D ~ d. receive the promise for life of either payments, benefits or care? ................................ D ~ 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? . . .. . .. .. . . .. . .. . .. .. .. .. . .. . .. .. . .. . .. .. . .. . .. . . ... D IX] 3. Did decedent own an 'in trust for' or payable upon death bank account or security at his or her death? . . . .. D IX] 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. D !Xl 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 )Qi)]. 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. 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-1503 EX+ (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE B STOCKS & BONDS ESTATE OF Carolyn R Krizak FILE NUMBER 21-07-0675 All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM NUMBER 1. 10 11 12 VALUE AT DATE OF DEATH DESCRIPTION PP&L Corp 16,000 shs @ 44.40 710,400.00 2 Ameren Corp 2,163 shs @ 50.10 108,366.30 3 PSEG Inc 1,000 shs @ 86.94 86,940.00 4 Exelon Corp 1,000 shs @ 72.10 (Phila. Electric) 72,100.00 5 Xcel Energy 632 shs @ 21.48 (N. States Power) 13,575.36 6 First Energy 404 shs @ 64.98 26,251.92 7 IDA Corp 200 shs @ 32.09 6,418.00 8 DQE Inc 300 shs @ 20.00 6,000.00 9 DWS Scudder Muni Bond Fund 53,506.437 shs @ 8.87 474,602.10 VanKampen PA Muni Bond Fund 1,476.337 shs @ 16.99 25,082.97 VanKampen Enterprise Fund 3,612.454 shs @ 15.55 56,173.66 Oppenheimer PA Muni Bond 4,943.738 shs @ 12.82 63,378.72 Note: All shares of Scottish Power were sold on 5/14/07 with the proceeds deposited into the Citizens Bank Account. The shares did not have to be returned because the company had been purchased by another entity. TOTAL (Also enter on line 2, Recapitulation) $ 1 , 649 , 289 . 03 (If more space is needed, insert addttional sheets of the same size) REV-1508 EX+ (6-98) SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Carolyn R Krizak FILE NUMBER 21-07-0675 Include the proceeds of I~igation 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 1 2 3 4 DESCRIPTION Citizens Bank Checking #6100690067 Citizens Bank Checking #6213464364 Diamond Rings Personal Property VALUEAT DATE OF DEATH 11,935.32 138,999.27 21,520.00 350.00 TOTAL (Also enter on line 5, Recapitulation) $ (If more space is needed, insert add~ional sheets of the same size) 172,804.59 REV-1510 EX+ (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY ESTATE OF Carolyn R Krizak FILE NUMBER 21-07-0675 This schedule must be completed and filed if the answer to any of questions 1 through 4 on the reverse side ofthe REV-1500 COVER SHEET is yes. DESCRIPTION OF PROPERTY ITEM INCLUDE THE NAME OFTHETRANSFEREE, THEIR RELATIONSHIP TO DECEDENT AND DATE OF DEATH % OF DECO'S EXCLUSION TAXABLE NUMBER THE DATE OFTRANSFER. ATTACH A COPY OFTHE DEED FOR REAL ESTATE. VALUE OF ASSET INTEREST (IF APPLICABLE) VALUE 1. John M. Krizak Family Trust 25-6572478 2 Sovereign Bank Checking #1681718707 3 6,683.51 100.00 36 ,683.51 3 AT&T 9,836 shs @ 39.98 39 3,243.28 100.00 393 ,243.28 4 Allete, Inc. 1,066 shs @ 47.12 5 0,229.92 100.00 50 ,229.92 5 COMCAST 1,485 shs @ 26.87 3 9,901.95 100.00 39 ,901. 95 6 VERIZON 2,304 shs @ 42.90 98,841.60 100.00 98 ,841.60 7 Residence: 3730 Brisban St. , HBG. , PA 80,000.00 100.00 80 ,000.00 Appraisal enclosed John M. Krizak was the spouse of the decedent. The trust was created after his death on 10/23/1996 SS# 177-24-5460 8 Utilites @ 3730 Brisban St. Property (371. 93 100.00 (371. 93) 9 Insurance@ 3730 Brisban St. Property (367.00 100.00 (367.00) TOTAL (Also enter on line 7, Recapitulation) $ 698,161. 33 (If more space is needed, insert add~ional sheets of the same size) REV-1511 EX+ (10-06) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF Carolyn R Krizak FILE NUMBER 21-07-0675 Debts of decedent must be reported on Schedule I, ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: 1. Malpezzi Funeral Home 12,966.63 B. ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions Name of Personal Represen1ative(s) Street Address City State - ZIP Year(s) Commission Paid: 2. Attorney Fees 7,500.00 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 1,195.00 5. Accountant's Fees 6. Tax Return Preparer's Fees 7. Appraisal Fees 425.00 8 Registered Mail Costs 108.42 9 Filing Fee 35.00 10 Estate Notices 180.00 TOTAL (Also enter on line 9, Recapitulation) $ 22,410.05 (If more space is needed, insert add"ional sheets of the same size) REV-1512 EX+ (12-03) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS ESTATE OF FILE NUMBER Carolyn R Krizak 21-07-0675 Report debts incurred by the decedent prior to death which remained unpaid as of the date of death, including unreimbursed medical expenses. VALUEAT DATE OF DEATH ITEM NUMBER 1. DESCRIPTION Messiah Village Nursing Home 7,415.59 TOTAL (Also enter on line 10, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 7,415.59 REV-1513 EX+ (9-00) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE J BENEFICIARIES ESTATE OF Carolyn R Krizak FILE NUMBER 21-07-0675 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAMEANDADDRESS 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 David A Hamilton Son 50% 1207 Bauman Court Mechanicsburg PA 17055 2 Nancy Mandes Daughter 50% 349 Hardwood Lane Ivyland PA 18974 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 INHICHAN ELECTION TO TAX IS NOT BEING MADE B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART II - 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) REV-1513 EX+ (9-00) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE J BENEFICIARIES ESTATE OF Carolyn R. Krizak FILE NUMBER 21-07-0675 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAMEANDADDRESS 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 Susan Waller Step Daughter 349,080.67 3730 Brisban Street Harrisburg PA 17111 2 David Hamilton Son 174,540.33 1207 Bauman Court Mechanicsburg PA 17055 3 Nancy Mandes Daughter 174,540.33 349 Hardwood Lane Ivyland PA 18974 Beneficiares of the Krizak Trust on Schedule G ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-l500 COVER SHEET II NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR 'MilCH AN ELECTION TO TAX IS NOT BEING MADE B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET $ (If more space is needed, insert add~ional sheets oflhe same size) INVENTORY REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS File Number 21-07-0675 Personal Representative(s) of the Estate of Carolyn R. Krizak deceased, depose(s) and say(s) 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 of the Commonwealth of Pennsylvania except that which appears in a memorandum at the end of this inventory. 9~.~0~T"'~ I verify that the statements made in this Inven- } tory are true and correct. I understand that false state- ments herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Attorney __ (Name) David A. Hamilton (Address) 176 Cumberland Pky., Mechanicsburg, PA 17055 (Telephone) 717-697-3888 xl00 (Supreme Court J.D. No.) DATE OF DEATH LAST RESIDENCE 722 Oak Circle Mechanicsburg, P A 17055 DECEDENTS soc. SEC. NO. 06/1312007 189-09-1036 FIGURES MUST BE TOTALED Citizens Bank Checking Account #6100690067 Citizens Bank Checking Account #6213464364 Diamond Rings Personal Property PP&L Corp 16,000 shs @ 44.40 Ameren Corp 2,163 shs @ 50.10 PSEG Corp 1,000 shs @ 86.94 Exelon Corp 1,000 shs @72.1O XCEL Energy 632 shs @ 21.48 First Energy 404 shs @ 64.98 IDA Corp 200 shs @ 32.09 DQE Inc 300 shs @ 20.00 DWS Scudder Muni Bond Fund 53,506.437 shs @ 8.87 VanKampen PA Muni Bond Fund 1,476.337 shs @ 16.99 VanKampen Enterprise Fund 3,612.454 shs @ 15.55 Oppenheimer PA Muni Bond Fund 4,943.738 shs@ 12.82 11,935.32 138,999.27 21,520.00 350.00 710,400.00 108,366.30 86,940.00 72,100.00 13,575.36 26,251.92 6,418.00 6,000.00 474,602.10 25,082.97 56,173.66 63,378.72 (Attach additional sheets as needed) TOTAL: 1,822,093.62 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. (See 20 Pa. c.s. 93301(b)) Form RW-09 rev. 10.13.06 a Citizens Bank 1~ Account Number 6100690067 Account Title CAROLYN KRIZAK Date Opened 6/6/1966 Account Type Checking Principal Balance as ofDOD $11935.32 Interest from Last Posting to DOD $.00 Account Balance as of DOD $11935.32 YTD Interest to DOD $117.63 a CltlzensBank~ Account Number 6213464364 Account Title CAROL YN KRIZAK Date Opened 11/29/2005 Account Type Checking Principal Balance as of DOD $138999.27 Interest from Last Posting to DOD $.00 Account Balance as of DOD $138999.27 YTD Interest to DOD $2168.99 < ::;;;:,:':; :/,., ,.' > '.~ ,:' . ~':;J";,: "'<;'L:':: . .; , , . .;."" ,:: , " .' '"d,: f;(': ,::'J, :,::>,~ . , ~r">- ,,"" Y'{',.:'.':,,:: ?,', ,;., . :~;<:;:,,: .-~:: ~,"::h> '. >.-,,',.-.;, "':.,' 'i'.::';': ::; !).:.," -':' " , '. ' ~,:': ,,: . , ";::-'." ", ;.~.:I.,:" , ,~" .' ,t'>';, :~;';~>\:i;' '.~" ",:;~'~ ;.~ b:, < ;,.. ~~~~~~' :'/, . " ,: "",>>:'.' ~, ,",: ' ~. :1.'''' 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(J) en W a: W ~ . en ct 8 . ...J 8 u = = = = = = = = = = = = = = = = _z enO ~~ ctz :1:- 0 a a ('V') 0 en::E .0 a 0 1.0 1.0 a a a 0 0 0 0 a a 0 0 0 1.0 a ~ oz 0 0 ,...; ,...; 0 0 a a a 0 0 a a a 0 a ,...; 0 1.0 zw ,...; ,...; M M ,...; ,...; N U"l M t-l U"l ~ ~ U"l U"l Lrl N M ~ Q REGISTER OF WILLS CUMBERLAND County, Pennsylvania CERTIFICATE OF GRANT OF LETTERS No. 2007-00675 PA No. 21-07-0675 Es ta te Of: CAROL YN R KRIZAK (First, Middle, Last) Late Of: UPPER ALLEN TOWNSHIP CUMBERLAND COUNTY Deceased Social Securi ty No: 189-09-1036 WHEREAS, on the 17th day of July 2007 instruments dated: December 29th 1994 May 17th 2000 were admi tted to probate as the last will and codicil of CAROL YN R KRIZAK (First. Middle; Last) la te of UPPER ALLEN TOWNSHIP, CUMBERLAND County, who died on the 13th day of June 2007 and, WHEREAS, a true copy of the will &codicil THEREFORE, I, GLENDA FARNER STRASBAUGH as probated is annexed hereto. , Register of Wills in and Pennsylvania, hereby for CUMBERLAND County, in the Commonwealth of certify that I have this day granted Letters TESTAMENTARY to: DA VID A HAMIL TON who has duly qualified as EXECUTOR(RIX) and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYL VANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 17th day of July 2007. **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) FIRST CODICIL TO THE LAST WILL AND TESTAMENT OF CAROLYN R. KRIZAK I, CAROLYN R. KRIZAK, of Lower Paxton Township, Dauphin County, Pennsylvania, being of sound mind, disposing memory and full legal age, having made my Last Will and Testament dated December 29, 1994, do hereby make, publish and declare this to be the First Codicil to my said Last Will and Testament. FIRST: I hereby modify, amend and replace Paragraph THREE of my Last Will and Testament to read as follows: I hereby give, devise and bequeath all of my estate of every nature and wherever situate to my children, NANCY C. MANDES and DA VID A. HAMILTON, in equal shares, per stirpes, which provides that thec9hild or g children of any deceased child shall take the share their parent would have:~en if ~ living. In the event for whatever reason either of my children predecease;~d F leave no surviving issue, then their respective share be given, devis~t~d - bequeathed to my remaining child and distributed as set forth herein. . /; :cl;: -.J C) ...,.., - . f'l::it -I ... j ,~~ Cf: ~.~~ 4'~~ ,./'-~ 1'-) SECOND: I hereby ratify and affirm all of the other provisions of my Last Wntand >h '::) Testament dated December 29, 1994. IN WITNESS WHEREOF I have hereunto set my hand and seal this I 71'day of May, 2000. ~ fCJ<~ CAROL R. KRIZAK! The preceding instrument, consisting of these two typewritten pages, was on the day and date thereof signed, sealed, published and declared by the person thereof named, as and for a codicil to said person's last will and testament in the presence of us, who, at said person's request, in said person's presence and in the presence of each other have subscribed our names as witnesses hereto. [~/ &Lf :Jt~Y- ~ 2 ACKNOWLEDGMENT AND AFFIDAVIT WE, CAROLYN R. KRIZAK, CHERYL L. CLELAND and MARTHA L. NOEL, the testatrix and witnesses respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testatrix signed and executed the instrument as a First Codicil to her Last Will and Testament dated December 29, 1994, and that she had signed willingly, and that she executed it as her free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the testatrix, signed the First Codicil as a witness and that to the best of their knowledge the testatrix was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence. c~ f ~J,. CAR LYNR. AK ~~ ~/dU C~ L L. CLELAND ~#!o~ COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND Subscribed, sworn to and acknowledged before me by CAROLYN R. KRIZAK, the testatrix herein, and subscribed and swoffl to before me by CHERYL L. CLELAND and MARTHA L. NOEL, witnesses, this ~day of y,2000. Notarial Seal Jacqueline L. Drawbaugh, Notary Public Carlisle Bora, Cumberland COunty My Commission Expires Aug. 14, 2003 Mmr.bfJr, Pe!mS~llvanja Association of Notaries LAST WILL AND TESTAMENT I, CAROLYN R. KRIZAK, of 426 Trudy Road, Lower Paxton Township, Harrisburg, Dauphin County, Pennsylvania, being of sound mind, disposing memory and full legal age, do hereby make, publish and declare this instrument to be my Last Will and Testament, hereby expressly revoking all Wills and Codicils heretofore made by me. ONE: I direct my Executor or Executrix, as the case may be, to pay all of my debts, funeral and administrative expenses as soon as may be done conveniently after my decease. Furthermore, I direct that all state, inheritance, succession. and other death taxes imposed or payable by reason of my death and all interest and penalties thereon with respe8 to all p~erty,., . (;..0:0 <-- ,..r', composmg of my gross estate for death tax purposes, whether or not such prop~J~ses~der~',~ i ._~_ ~ ...~~ this Will, shall be paid by the Executor or Executrix of my estate. :?~,\~ -I ' ' ,;.-1/..... o -0 "n > ,.. w . :::0 .. TWO: My Executor or Executrix, as the case may be, may, at his or ~!te7 discre~n, compromise claims, borrow money, retain property for such length oftime as he or she may deem proper; lease and sell property for such prices, on such terms, at public or private sales, as he or she may deem proper; and invest estate property and income without restriction to legal investments unless otherwise provided hereunder. I authorize and empower my Executor or Executrix to sell any realty and/or personalty owned by me at my death and not specifically devised or bequeathed herein, at public or private sale or sales and to give good and sufficient deeds and/or bills of sale therefor, in fee simple, as I could do if living. My Executor or Executrix is authorized and empowered to engage in any business in which I may be engaged at my death, for such period of time after my death as seems expedient to said Executor or Executrix. LRt< notwithstanding the above, the Trustee shall have the sole discretion throughout the duration of this trust in which to distribute any of the trust principal or income for the benefit of any of my heirs or beneficiaries for any such purpose as the Trustee deems reasonable under the circumstances such as but not limited to the purchase of real property, tuition for further education or any other purpose which would in the Trustee's sole discretion advance the best interest of said heir or beneficiary. When each respective heir or beneficiary reaches the age of thirty-five (35) years, then of whatever remains of income or principal of the said heir's or beneficiary's divided share under this trust estate shall be distributed to said heir or beneficiary, per stirpes, which provides that the child or children of any deceased heir or beneficiary shall take the share their parent would have taken if living. In the event that any said heir or beneficiary becomes deceased prior to the final distribution hereunder without leaving surviving issue, said deceased heirs or beneficiary's share shall be divided equally between all of the heirs and beneficiaries who are a part of this trust and distributed in accordance with this paragraph. If for whatever reason there are no heirs and beneficiaries remaining as a part of this trust, then in that event, the rest, residue and remainder hereof shall be distributed in equal shares to the beneficiares set forth in Paragraph Three hereof FIVE. The Trustee, as well as my Executor or Executrix, shall have the following powers, in addition to those vested in it by law, for my property held for the benefit of my beneficiaries, whether income or principal, exercisable without court approval and effective until the distribution of all property under the terms of the trusts set forth in Paragraph Three above: The Trustee, at its discretion, may compromise claims, borrow money or retain property for such length of time as it may deem proper, sell lease, pledge, mortgage, transfer, exchange, convert or otherwise dispose of or grant option of all or any portion of trust property for such prices and on such terms in public or private transactions as it may deem proper; and 3 tRJ< invest trust property and income without restrictions to legal investments. The determination of the Trustee with respect to the advisability of making payments out of the income or principal to any heir or beneficiary inheriting hereunder shall to conclusive and binding on all persons howsoever interested in the respective trust. Further, the Trustee shall be authorized to receive additions to the respective trust of any kind or any property whatsoever from sources other than my estate and at any time in the sole discretion of the Trustee. SIX. I hereby nominate and appoint my son, DAVID A. HAMIL TON, to be the Executor of this my Last Will and Testament. If he has predeceased me, failed to qualify, renounced or ceased to serve as Executor for whatever reason, I then appoint JOHN GREGORY HAMILTON to serve as Executor in his place. In the event that he has predeceased me, failed to qualify, renounced or ceased to serve as Executor for whatever reason, then I appoint NANCY C. MANDES to serve as Executrix of this my Last Will and Testament, each substitute Executor having the same powers as are given to the original Executor hereof SEVEN. I hereby nominate and appoint my son, DAVID A. HAMILTON, to serve as the Trustee of any trust created herein. In the event that it is unable to serve as Trustee of any trust hereunder for whatever reason, then in that event I hereby nominate and appoint JOHN GREGORY HAMIL TON to serve as Trustee of any trust created herein, or if he is unable for any reason whatsoever, then I hereby nominate and appoint NANCY C. MANDES, to serve as Trustee of any trust created herein. EIGHT. No Executrix, Executor or Trustee acting hereunder shall be required to post bond or enter security in this or any other jurisdiction. 4 c..R}( NINE. No person or persons shall benefit hereunder unless such beneficiary shall survive me for a period of at least thirty (30) days. TEN. No beneficiary may assign or anticipate his or her interest in any income or principal held or distributable hereunder; and no beneficiary's creditors may attach or otherwise reach any such interest. ELEVEN. If any person or institution entitled to share in any distribution under the terms of this my Last Will and Testament becomes an adverse party in any proceeding to contest the probate of this Last Will and Testament, such person or institution shall forfeit his, her or its entire interest inherited hereunder and all provisions in favor of such person or institution shall be declared void and of no effect. The share of such person or institution so forfeited shall be distributed a part of the residue pursuant to Paragraph Three G. hereof except that if such person or institution is entitled to share in the said residue, that interest shall be distributed proportionately to the other residuary distributees. TWELVE. The validity and administration of any trust established hereunder and any question or disputes relating to the construction or interpretation of any said trusts shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania. 5 C,RJ< IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~day of December, 1994. ~ ('~/)+ e. k~l~(SEAL) CAROLYN R. KRIZAK Signed, sealed, published and declared by the above-named person as and for a Last Will and Testament, in our presence, who at said person's request, in said person's presence and in the presence of each other have hereunto set our names as subscribing witnesses. yUd#X. Xpj~ ~~fY atAt'( llSERIJDHIKIIlZ 6 ACKNOWLEDGMENT AND AFFIDAVIT WE, CAROLYN R. KRIZAK, SHARON L. SCHWALM and CHERYL L. CLELAND, the testatrix and witnesses respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testatrix signed and executed the instrument as her last will and that she had signed willingly, and that she executed it as his free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the testatrix, signed the will as a witness and that to the best of their knowledge the testatrix was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence. r (7= ~.J!~ CAROL KRIZAK ' ~tN1.:s~Jk~ ~&~ COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND Subscribed, sworn to and acknowledged before me by CAROLYN R. KRIZAK, the testatrix herein, and subscribed and sworn ~before me by SHARON L. SCHWALM and CHERYL L. CLELAND, witnesses, ~ day of December, 1994. ~f3Pk~ 7YyJJ01/:bJn Notary E lie Notarial Seal 1 ,. Belzi A. Mooison. Notary PubrlC Carlisle Bore. Cumberland County My Commission Expires Dec. 15, 1996 Member, Pennsylvania Association of Notaries NOTICE OF BENEFICIAL INTEREST IN ESTATE BEFORE THE REGISTER OF WILLS, COUNTY OF DAUPHIN, PENNSYLVANIA In re Estate of John M. Krizak (Jr.) , deceased, No. 0907-1996 TO: David A. Hamilton. Trustee (beneficiary) 2731 Rosegarden Blvd. ( address) Mechanicsburg. P A 17055 Please take notice of the death of decedent and the grant of letters to the personal representative(s) named below. You may have a beneficial interest in the estate as follows: 100% interest in the John M. Krizak Family Trust as determined by the terms and conditions of the Last Will and Testament of John M. Krizak dated December 15. 1994. and 100% interest in the John M. Krizak Marital Trust as determined by the terms and conditions of the Last Will and Testament of John M. Krizak dated December 15. 1994. Name of decedent John M. Krizak Jr. Last known address 426 Trudy Road of decedent Harrisburg. P A 17109 Date of Death 10/23/96 Place of Death Polyclinic Hospital County of grant of original letters Dauphin Decedent died x testate intestate A copy of the Will x 1S is not attached Name(s), address(es) and telephone number(s) of all personal representatives appointed: Name David A Hamilton Address 2731 Rosel!81'den Blvd.: Mechanicsburll'. P A 17055 Telephone 717-697-5640 Name(s), address(es) and telephone number(s) ofall counsel Name James D. Hwzhes. Esquire Address 60 West Pomfret Street. Carlisle. PA 17013 Telephone 717-249-2353 Additional information may be obtained from the undersigned. Date: 01/21/97 GHT & HUGHES James D. H Address: 60 West Pomfret Street Carlisle. P A 17013 Telephone: (717) 249-2353 Capacity: personal representative x counsel for personal representative LAST WILL AND TESTAMENT 1, JOHN M. KRIZAK, of 426 Trudy Road, Lower Paxton Township, Harrisburg, Dauphin County, Pennsylvania, being of sound mind, disposing memory and full legal age, do hereby make, publish and declare this instrument to be my Last Will and Testament, hereby expressly revoking all Wills and Codicils heretofore made by me. ONE: I direct my Executor or Executrix, as the case may be, to pay all of my debts, funeral . and administrative expenses as soon as may be done conveniently after my decease. Furthermore, I direct that all state, inheritance, succession and other death taxes imposed or payable by reason of my death and all interest and penalties thereon with respect to all property composing of my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid by the Executor or Executrix of my estate. TWO: My Executor or Executrix, as the case may be, may, at his or her discretion, compromise claims, borrow money, retain property for such length of time as he or she may deem proper; lease and sell property for such prices, on such terms, at public or private sales, as he or she may deem proper; and invest estate property and income without restriction to legal investments unless otherwise provided hereunder. I authorize and empower my Executor or Executrix to sell any realty and/or personalty owned by me at my.death and not specifically devised or bequeathed herein, at public or private sale or sales and to give good and sufficient deeds and/or bills of sale therefor, in fee simple, as I could do ifliving. My Executor or Executrix is authorized and empowered to engage in any business in which I may be engaged at my death, for such period of time after my death as seems expedient to said Executor or Executrix. ~~.,X'" THREE. I hereby give, devise and bequeath all of my estate of every nature and wherever situate to be distributed IN TRUST, for my spouse, CAROLYN R KRIZAK, subject to the following provisions: A The estate shall be divided by the Trustee into two separate trusts, hereinafter referred to as Trust A (the Marital Trust), and Trust B (the Family Trust). B. Trust A, the Marital Trust, shall consist of all of my assets other than those allocated to Trust B, the Family Trust. C. Trust B, the Family Trust, shall consist of those of my assets equal in value to the maximum amount, if any, that are necessary to permit my estate to use in full any federal estate tax unified credit which has not been claimed for distribution during my lifetime after considering any adjusted taxable gifts and bequests by Will which do not qualify for the marital deduction and all charges to principal of the estate which are not deducted in computation of the federal estate tax of my estate; provided, however, that the allocation of the Family Trust shall be satisfied with assets as of the date of allocation or distribution; and further provided that any assets which do not qualify for the federal estate marital deduction shall be used first to satisfy the allocation to this Family Trust. D. From the Marital Trust, the Trustee shall pay all of the net income to my spouse in monthly payments. My spouse also has the right to receive from the Trustee all or a portion of the principal from the Marital Trust and to change the beneficiaries of this Marital Trust in my spouse's discretion. At the death of my spouse, the Trustee shall distribute the lh/\ \ ( ~. I" 2 principal and accumulated income as follows: (a) Fifty percent (50%) to my daughter, SUSAN LOUISE WALLER, per stirpes, which provides that the child or children of any deceased child taking the share their parent would have taken if living. In the event for whatever reason, my daughter SUSAN LOUISE WALLER predeceases my spouse and leaves no -surviving issue, then her share hereunder shall be given, devised and bequeathed to my wife's children, NANCY C. MANDES, JOHN GREGORY HAMILTON and DAVID A HAMILTON, in equal shares, and distributed in accordance with subparagraph (b) set forth directly below. b) Fifty percent (50%) to my wife's children, NANCY C. MANDES, JOHN GREGORY HAMILTON and DAVID A HAMIL TON, in equal shares, per stirpes, which provides that the child or children of any deceased child taking the share their parent would have taken if living. In the event for whatever reason, any of my wife's children predecease my spouse and leave no surviving issue, then their respective share and be given, devised and bequeathed to the remaining of my wife's children in equal shares and distributed as set forth herein. E. From the Family Trust, the Trustee shall pay all of the net income to my spouse in monthly payments. The Trustee may distribute to my spouse such amounts from the principal of the Family Trust as provided hereunder, up to the whole thereof, as the Trustee in his discretion shall deem necessary or advisable to provide for the care, maintenance and support of my spouse, so as to support my spouse in my spouse's accustomed manner of living, provided, however, the Trustee shall consider any other sources of income available to my spouse when making payment hereunder. The Trustee shall, when requested by my spouse, pay five (5%) percent of the principal or $5,000.00, whichever amount is greater, annually to my spouse during my spouse's lifetime, but in no way shall the Trustee distribute more of the principal of this Family Trust to my spouse than in the above amounts. This limited right to make withdrawals from the ~. ~y 3 principal of the trust estate is noncumulative, so that an amount which might have been withdrawn during a particular ~ear may not be withdrawn in any subsequent year. Upon the death of my spouse, the remaining accumulated income and principal of the Family Trust shall be distributed as follows: (a) Fifty percent (50%) to my daughter, SUSAN LOUISE WALLER, per stirpes, which provides that the child or children of any deceased child taking the share their parent would have taken if living. In the event for whatever reason, my daughter SUSAN LOUISE WALLER predeceases my spouse and leaves no surviving issue, then her share hereunder shall be given, devised and bequeathed to my wife's children, NANCY C. MANDES, JOHN GREGORY HAMILTON and DAVID A. HAMILTON, in equal shares, and distributed in accordance with subparagraph (b) set forth directly below. b) Fifty percent (50%) to my wife's children, NANCY C. MANDES, JOHN GREGORY HAMIL TON and DAVID A. HAMIL TON, in equal shares, per stirpes, which provides that the child or children of any deceased child taking the share their parent would have taken if living. In the event for whatever reason, any of my wife's children predecease my spouse and leave no surviving issue, then their respective share and be given, devised and bequeathed to the remaining of my wife's children in equal shares and distributed as set forth in this subparagraph (b). F. If any of my beneficiaries or heirs are under the age of thirty-five (35) years of age at the time of my death and inherit any assets hereunder by virtue of my death, the Trustee shall hold all of their respective shares in trust according to the following terms and conditions: Upon the creation of this Trust, the Trustee shall divide this trust principal into individual shares in the name of each heir or beneficiary in the amount equal to the amount that said heir or }/~ ~W 4 beneficiary inherited hereunder. The Trustee, as well as my representative, is hereby authorized to retain, unconverted, any property, real or personal, that I may own at my death and shall be under no duty to convert it into legal investments. The Trustee shall have the power and authority to sell, transfer, convey, invest and reinvest and to pay over the net income of the trust property, to or for the use of said heir or beneficiary, or to accUmulate it in the sole discretion of the Trustee. The Trustee is also authorized and empowered to pay over to, or for the use and benefit of my heirs or beneficiaries such portion of or all of the principal of the trust estate as in the Trustee's sole discretion seems proper for their support, maintenance, education, or medical care. My primary object is to insure the support, maintenance, education and medical care of my heirs and beneficiaries until they reach the age of thirty-five (35) years. However, notwithstanding the above, the Trustee shall have the sole discretion throughout the duration of this trust in which to distribute any of the trust principal or income for the benefit of any of my heirs or beneficiaries for any such purpose as the Trustee deems reasonable under the circumstances such as but not limited to the purchase of real property, tuition for further education or any other purpose which would in the Trustee's sole discretion advance the best interest of said heir or beneficiary. When each respective heir or beneficiary reaches the age of thirty-five (35) years, then of whatever remains of income or principal of the said heir's or beneficiary's divided share under this trust estate shall be distributed to said heir or beneficiary, per stirpes, which provides that the child or children of any deceased heir or beneficiary shall take the share their parent would have taken if living. In the event that any said heir or beneficiary becomes deceased prior to the final distribution hereunder without leaving surviving issue, said deceased heir's or beneficiary's share shall be divided equally between all of the heirs and beneficiaries who are a part of this trust and distributed in accordance with this paragraph. For whatever reason there are no heirs and beneficiaries remaining as a part of this trust, then in that event, the rest, residue and remainder hereof shall be distributed in equal shares to the residual 5 ~,~ )f beneficiaries set forth in Paragraph Three G. set forth directly below. G. In the event that my spouse predeceases me and I choose for whatever reason during my lifetime to withdraw all of the assets from the Marital Trust set forth above or I have accumulated any assets which are not being held in trust hereunder or under any written trust document executed by me during my lifetime, then in that event, I hereby give, devise and bequeath all the rest, remainder and residue of my estate to be distributed as follows: (a) Fifty percent (50%) to my daughter, SUSAN LOUISE WALLER, per stirpes, which provides that the child or children of any deceased child taking the share their parent would have taken if living. In the event for whatever reason, my daughter SUSAN . LOUISE WALLER predeceases my spouse and leaves no surviving issue, then her share hereunder shall be given, devised and bequeathed to my wife's children, NANCY C. MANDES, JOHN GREGORY HAMIL TON and DAVID A. HAMIL TON, in equal shares, and distributed in accordance with subparagraph (b) set forth directly below. b) Fifty percent (50%) to my wife's children, NANCY C. MANDES, JOHN GREGORY HAMILTON and DAVID A. HAMILTON, in equal shares, per stirpes, which provides that the child or children of any deceased child taking the share their parent would have taken if living. In the event for whatever reason, any of my wife's children predecease my spouse and leave no surviving issue, then their respective share and be given, devised and bequeathed to the remaining of my wife's children in equal shares and distributed as set forth in this subparagraph (b). FOUR. The Trustee, as well as my Executor or Executrix, shall have the following powers, in addition to those vested in it by law, for my property held for the benefit of my beneficiaries, whether income or principal, exercisable without court approval and effective until 6 ~."'" ~ the distribution of all property under the terms of the trusts set forth in Paragraph Three above: The Trustee, at its discretion, may compromise claims, borrow money or retain property for such length of time as it may deem proper, sell lease, pledge, mortgage, transfer, exchange, convert or otherwise dispose of or grant option of all or any portion of trust property for such prices and on such terms in public or private transactions as it may deem proper; and invest trust property and income without restrictions to legal investments. The determination of the Trustee with respect to the advisability of making payments out of the income or principal to any heir or beneficiary inheriting hereunder shall to conclusive and binding on all persons howsoever interested in the respective trust. Further, the Trustee shall be authorized to receive additions to the respective trust of any kind or any property whatsoever from sources other than my estate and at any time in the sole discretion of the Trustee. FIVE. I hereby nominate and appoint my son, DAVID A HAMILTON, to be the Executor of this my Last Will and Testament. If he has predeceased me, failed to qualify, renounced or ceased to serve as Executor for whatever reason, I then appoint JOHN GREGORY HAMIL TON to serve as Executor in his place. In the event that he has predeceased me, failed to qualify, renounced or ceased to serve as Executor for whatever reason, then I appoint Mellon Bank, Harrisburg, Dauphin County, Pennsylvania to serve as Executor of this my Last Will and Testament, each substitute Executor having the same powers as are given to the original Executor hereof. SIX. I hereby nominate and appoint my son, DAVID A HAMILTON, to serve as the Trustee of any trust created herein. In the event that it is unable to serve as Trustee of any trust hereunder for whatever reason, then in that event I hereby nominate and appoint JOHN GREGORY HAMIL TON to serve as Trustee of any trust created herein, or ifhe is unable for any 7 ...\1 ~.~ reason whatsoever, then I hereby nominate and appoint Mellon Bank, Harrisburg, Pennsylvania, to serve as Trustee of any trust created herein. SEVEN. No Executrix, Executor or Trustee acting hereunder shall be required to post bond or enter security in this or any other jurisdiction. EIGHT. No person or persons shall benefit hereunder unless such beneficiary shall survive me for a period of at least thirty (30) days. NINE. No beneficiary may assign or anticipate his or her interest in any income or principal held or distributable hereunder; and no beneficiary's creditors may attach or otherwise reach any such interest. TEN. If any person or institution entitled to share in any distribution under the terms of this my Last Will and Testament becomes an adverse party in any proceeding to contest the probate of this Last Will and Testament, such person or institution shall forfeit his, her or its entire interest inherited hereunder and all provisions in favor of such person or institution shall be declared void and of no effect. The share of such person or institution so forfeited shall be distributed a part of the residue pursuant to Paragraph Three G. hereof except that if such person or institution is entitled to share in the said residue, that interest shall be distributed proportionately to the other residuary distributees. ELEVEN. The validity and administration of any trust established hereunder and any question or disputes relating to the construction or interpretation of any said trusts shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania. ~ _ ~ A~ 8 IN WITNESS WHEREOF, I have hereunto set my hand and seal this \Stb day of December, 1994. -1~ 1vt ./(4,t,. (SEAL) \J JOHN M. KRIZAK Signed, sealed, published and declared by the above-named person as and for a Last Will and Testament, in our presence, who at said person's request, in said person's presence and in the presence of each other have hereunto set our names as subscribing witnesses. .~.' /~~ \ Cf7 t1..A..I?t ,>:r:.. . m ./ ~~~~4 \ 9 ACKNOWLEDGMENT AND AFFIDAVIT WE, JOHN M. KRIZAK, SHARON L. SCHWALM, and CHERYL L. CLELAND, the testator and witnesses respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his last will and that he had signed willingly, and that he executed it as his free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the will as a witness and that to the best of their knowledge the testator was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence. ~ iV1 ,A~ J--- JO .KRIZAK ~171 /)-( ?tr:' ~~~at1U' SHARON L. SCHWALM c~~/ COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND Subscribed, sworn to and acknowledged before me by JOHN M. KRIZAK, the testator herein, and subscribed and sworn to before me by SHARON L. SCHWALM and CHERYL L. CLELAND, witnesses, this ~ day of December, 1994. P>Q~ mj1h~ft Notary ublic Notarbf Seal 8e.tzi A M~;n;SOri. Notary Public rv' CarlISle I3cro, Cumberiarod County -.y Commission Expires Dee. 15, 1996 Member, ~Associallon of Notaries 2 CONNOR GROUP File No. KRIZAK Case No. m orm eSI en 18 ,ppralS8 epo 21. The lender/client may disclose or distribute this appraisal report to: the borrower; another lender at the request of the borrower; the mortgagee or its successors and assigns; mortgage insurers; government sponsored enterprises; other secondary market participants; data collection or reporting services; professional appraisal organizations; any department, agency, or instrumentality of the United States; and any state, the District of Columbia, or other jurisdictions; without having to obtain the appraiser's or supervisory appraiser's (if applicable) consent. Such consent must be obtained before this appraisal report may be disclosed or distributed to any other party (including, but not limited to, the public through advertising, public relations, news, sales, or other media). 22. I am aware that any disclosure or distribution of this appraisal report by me or the lender/client may be subject to certain laws and regulations. Further, I am also subject to the provisions of the Uniform Standards of Professional Appraisal Practice that pertain to disclosure or distribution by me. 23. The borrower, another lender at the request of the borrower, the mortgagee or its successors and assigns, mortgage insurers, govemment sponsored enterprises, and other secondary market participants may rely on this appraisal report as part of any mortgage finance transaction that involves anyone or more of these parties. 24. If this appraisal report was transmitted as an "electronic record" containing my "electronic signature," as those terms are defined in applicable federal and/or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shall be as effective, enforceable and valid as if a paper version of this appraisal report were delivered containing my original hand written signature. 25. Any intentional or negligent misrepresentation(s) contained in this appraisal report may result in civil liability and/or criminal penalties including, but not limited to, fine or imprisonment or both under the provisions otTilie 18, United States Code, Section 1001, et seq., or similar state laws. SUPERVISORY APPRAISER'S CERTIFICATION: The Supervisory Appraiser certifies and agrees that: 1. I directly supervised the appraiser for this appraisal assignment, have read the appraisal report, and agree with the appraiser's analysis, opinions, statements, conclusions, and the appraiser's certification. 2. I accept full responsibility for the contents of this appraisal report including, but not limited to, the appraiser's analysis, opinions, statements, conclusions, and the appraiser's certification. 3. The appraiser identified in this appraisal report is either a sub-contractor or an employee of the supervisory appraiser (or the appraisal firm), is qualified to perform this appraisal, and is acceptable to perform this appraisal under the applicable state law. 4. This appraisal report complies with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal report was prepared. 5. If this appraisal report was transmitted as an "electronic record" containing my "electronic signature," as those terms are defined in applicable federal and/or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shall be as effective, enforceable and valid as if a paper version of this appraisal report were del,ivered containing my original hand written signature. APPRAISER - ~VL SUPERVISORY APPRAISER (ONLY IF REQUIRED) ~ Signature Signature Name MICHAEL CONNOR Name Company Name CONNOR GROUP Company Name Company Address 3330 DERRY STREET Company Address HARRISBURG, PA 17111 Telephone Number 717-561-8587 Telephone Number Email Address C21 CONNORtfilAOL.COM Email Address Date of Signature and Report JULY 23, 2007 Date of Signature Effective Date of Appraisal JULY 20, 2007 State Certification # State Certification # RL-000794-L or State License # or State License # State or Other (describe) State # PA Expiration Date of Certification or License State Expiration Date of Certification or License 6/2009 SUBJECT PROPERTY ADDRESS OF PROPERTY APPRAISED 3730 BRISBAN STREET B Did not inspect subject property HARRISBURG. PA 17111 Did inspect exterior of subject property from street Date of Inspection APPRAISED VALUE OF SUBJECT PROPERTY $ 80.000 o Did inspect interior and exterior of subject property LENDER/CLIENT Date of Inspection Name Company Name HAMIL TON COMPARABLE SALES Company Address N/A 8 Did not inspect exterior of comparable sales from street Did inspect exterior of comparable sales from street Email Address Date of Inspection U Of R od f IA IR rt ClickFORMS Appraisal Software 800-622-8727 Fanme Mae Form 1004 March 2005 Page 7 of 15 Freddie Mac Form 70 March 2005