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HomeMy WebLinkAbout10-09-07 (2) --.J 15056041114 REV-1500 EX (06-05) OFFICIAL USE ONLY County Code Year File Number 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 ~I 07 33<6 184-26-7422 04022007 Date of Birth -J I / if"" /({53 Decedent's Last Name Suffix Decedent's First Name MI BITTING BOYD M (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 OVALS BELOW DO 1. Original Return 0 2. Supplemental Return o o o 3. Remainder Return (date of death prior to 12-13-82) 5. Federal Estate Tax Return Required o 4. Limited Estate 0 4a. Future Interest Compromise (date of death after 12-12-82) 7. Decedent Maintained a Living Trust (Attach Copy of Trust) 10. Spousal Poverty Credit (date of death between 12-31-91 and 1-1-95) 8. Totai Number of Safe Deposit Boxes DO 6. Decedent Died Testate 0 (Attach Copy of Will) o 9. Litigation Proceeds Received 0 o 11. Election to tax under Sec. 9113(A) (Attach Sch. 0) CORRESPONDENT - THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: Name Daytime Telephone Number ROBERT G FREY Firm Name (If Applicable) 717-243-5838 FREY & TILEY REGIST~-9F WILLS USF,ONL Y rm- First line of address 5 SOUTH HANOVER STREET \"::..J Second line of address <. "':I City or Post Office State ZIP Code DArr~ILED ~ '.....: CARLISLE (',:, PA 17013 RFREY@FREYTILEY.COM AD DATE ID o<j ()?' HANOVER STREET, C R SLE, PA 17013 ASE USE ORIGINAL FORM ONLY Side 1 L 15056041114 15056041114 --.J -.J 15056042115 REV-1500 EX Decedent's Social Security Number Decedent's Name: BOYD M BITTING RECAPITULATION 184-26-7422 1. Real estate (Schedule A) . . . . .. .. . . . . . . . . . . . . .. .. ............. 1. 80000.00 2. Stocks and Bonds (Schedule B) . . .. 2. NONE 3. NONE 3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) . . 4. Mortgages & Notes Receivable (Schedule D) . . . . . . . . . . .. .... 4. NONE 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) . . . . . . .. 5. 15815.00 6. Jointly Owned Property (Schedule F) DSeparate Billing Requested. . . . . . .. 6. NONE 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (Schedule G) DSeparate Billing Requested. . 7. 78070.00 173885.00 8. Total Gross Assets (total Lines 1-7) . . . . . . """""""'" 8. 9. Funeral Expenses & Administrative Costs (Schedule H) . . . . . 9. 31369.00 1 O. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) 10. 2433.00 33802.00 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. 140083.00 14. Net Value Subject to 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.O ~ 16. Amount of Line 14 taxable at lineal rate X .0 ~ 17. Amount of Line 14 taxable at sibling rate X . 12 18. Amount of Line 14 taxable at collateral rate X . 15 0.00 140083.00 15. 0.00 14 008 3 . 00 16. 17. 6304.00 0.00 0.00 18. 19. TAX DUE. . . . . . . . . . . . . . . . . 19. 6304.00 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT D Side2 L 15056042115 15056042115 -.J REV-1500 EX Page 3 184-26-7422 Decedent's Complete Address: File Number 21-07-0338 DECEDENT'S NAME DECEDENT'S SOCIAL SECURITY NUMBER BOYD M BITTING 184-26-7422 STREET ADDRESS 4A ADAMS STREET CITY Ii STATE I ZIP ENOLA PA 17025 Tax Payments and Credits: 1. Tax Due (Page 2 Line 19) 2. Credits/Payments A Spousal Poverty Credit B. Prior Payments Co Discount (1) 6304.00 Total Credits ( A + B + C ) (2) 0.00 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) 0.00 0.00 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) 6304.00 A Enter the interest on the tax due. (SA) 6304.00 B. Enter the total of Line 5 + SA This is the BALANCE DUE. (5B) 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: a. retain the use or income of the property transferred; . . . . . . . . . . . . . . . .. .. Yes D D D D D D b. retain the right to designate who shall use the property transferred or its income; . . . . . . . . . . . . . . . . c. retain a reversionary interest; or. . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 d. receive the promise for life of either payments, benefits or care? 0 .. ........................ 0 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? . . . . . . . . . . . 0 . . . 0 . . . . . . . . . . . . . . . . . . . . . .. ......... 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? . . No 00 00 00 00 00 00 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? . . . . . .. ............. ................................ 00 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. 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. ~9116 (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. ~9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is zero (0) percent [72 P.S. ~9116(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. ~9116(1.2) [72 P.S. ~9116(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. 217 REV-1502 EX+ (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE A REAL ESTATE ESTATE OF BOYD M BITTING FILE NUMBER 21-07-0338 All real property owned solely or as a tenant in common must be reported at fair market value. Fair market vaiue is defined as the price at which property would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both having reasonable knowledge of the relevant facts. Real property which is jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM NUMBER 1 DESCRIPTION House and lot of ground, 4-A Adams Street, Enola, Pennsylvania See HUD-1 settlement statement attached. VALUE AT DATE OF DEATH 80,000 TOTAL (Also enter on line 1, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 80,000 217 REV-1508 EX+ (6-98) SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIOENT DECEDENT ESTATE OF BOYD M BITTING FILE NUMBER 21-07-0338 ITEM NUMBER DESCRIPTION 1 1 st National Bank of Marysville, checking account, see statement attached 21st National Bank of Marysville, savings account, see statement attached 31st National Bank of Marysville, Christmas Club account, see statement attached 4 Real estate tax proration, see HUD-1 settlement statement attached 5 Miscellaneous personal property Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with riaht of survivorship must be disclosed on Schedule F. VALUE AT DATE OF DEATH 9,710 3,624 1,200 431 850 TOTAL (Also enter on line 5, Recapitulation) $ (If more space is needed. insert additional sheets of the same size) 15,815 217 REV-1510 EX+ (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY ESTATE OF BOYD M BITTING FILE NUMBER 21-07-0338 DESCRIPTION OF PROPERTY ITEM INCLUDE THE NAME OF THE TRANSFEREE, THEIR RELATIONSHIP TO DECEDENT AND THE DATE OF DATE OF DEATH % OF DECO'S EXCLUSION TAXABLE NUMBER TRANSFER. ATTACH A COpy OF THE DEED FOR REAL ESTATE. VALUE OF ASSET INTEREST (IF APPLICABLE) VALUE 1. 1st National Bank of Marysville certificates of Deposit, IRA 78,070 100.00% 78,070 TOTAL (Also enter on line 7 Recaoitulation) $ 78 070 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. (If more space is needed, insert additional sheets of the same size) 217 REV-1511 EX + (12-99) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF FILE NUMBER 21-07-0338 BOYD M BITTING Debts of decedent must be reported on Schedule I. ITEM NUMBER A. DESCRIPTION AMOUNT 1. FUNERAL EXPENSES: Shalonis Funeral Home 3,103 B. ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions Name of Personal Representative (s) Jeffrey L. BittinQ Sociai Security Number(s) I EIN Number of Personal Representatlve(s) Street Address 28 South Front Street City WormleysburQ State PA Zip 17043 Year(s) Commission Paid: 2007 9,300 2. 3. Attorney Fees Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address 450 City Relationship of Claimant to Decedent State Zip 4. Probate Fees 278 5. Accountant's Fees 6. Tax Return Preparer's Fees 7. Expenses in connection with real estate sold (See itemization attached 18,110 8. Advertising fee to Paxton Herald 38 9. Advertising fee to Cumberland Law Journal 75 10. Inheritance Tax filing fee to Register of Wills 15 TOTAL (Also enter on line 9 Recapitulation' $ (If more space is needed, insert additional sheets of the same size) 31 369 REV.1512 EX+ (12-03) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RE IDENT D CEDENT ESTATE OF BOYD M BITTING SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS FILE NUMBER 21-07-0338 Report debts incurred by the decedent prior to death which remained unpaid as of the date of death, including unreimbursed medical expenses. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1. Final Bill to Comcast Cable 50 2. Final Bill to GM Mastercard 330 3. Final Bill to Chase Visa 189 4. Final telephone bill to A TT 19 5. Final Bill to Discover Card 1,845 TOTAL (Also enter on line 10, Recapitulation) $ (If more space IS needed. Insert additional sheets of the same size) 2,433 217 REV-1513 EX+ (9-00) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE J BENEFICIARIES ESTATE OF FILE NUMBER BOYD M BITTING 21-07-0338 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 Boyd M. Bitting, II Son 25% 2 Thomas R. Watts Step-son 25% 3 Carol E. Roth ~(- Daughter 25% 4 Jeffrey L. Bitting Son 25% 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) Expenses in connection with real estate sold Expenses of sale from HUD-1 settlement statement County & Township real estate taxes Water bill UGI UGI Appliance repairs New swimming pool liner Painting and carpeting Water bill Electrical repairs Swimming pool repairs UGI PPL Water to fill pool Water bill PPL Sewer and trash Pool supplies UGI Water bill PPL School real estate taxes Pool supplies Water bill PPL Swimming pool maintenance Electrical repairs UGI Water Bill PPL UGI UGI Total real estate expenses 11,105 112 24 192 63 678 3,148 200 16 100 256 63 27 480 26 40 115 100 63 16 83 508 100 19 79 85 200 18 18 84 25 67 18.110 A Settlement Statement U_S. Department of Housing and Urban Development OMB Approval No 2502-0265 B. Type of Loan J FmHA 3 {X] Cony UnlOs 16 File Number 17. Loan Number: I 8. Mortgage Insurance Case Number: ] Conv Ins 400701510-CB 6101042 NOTE This form is furnished 10 give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown Items marked "{po.c.)" were paid outside of Ihe closing: they are shown here for informational purposes and are no! included in the totals. D. Name and Address of Borrower I E. Name and Address of Seller I F. Name and Address of Lender JAMES C CLARK JEFFREY L. BITTING. EXECUTOR OF JONESTOWN BANK ESTATE OF BOYD M. BITTING NKlA P.O BOX 717 2325 N. 2ND STREET BOYD MALCOLM BITTING JONESTOWN', PA 17038 HARRISBURG PA 17110 4-A ADAMS STREET ENOLA, PA 17025 [ ] FHA 4 I ] VA c G. Property Location 4-A ADAMS STREET, ENOLA. PA 17025 H. Settlement Agent ECURED LAND TRANSFERS - MECHANICS BURG Place of Settlement II. Settlement Date 09/24/2007 6~6~L~L~~~:URG PIKE Disbursement Date 09/24/2007 COUNTY. CUMBERLAND PARCEL ID. 09-16-1050-018A TOWNSHIP. EAST PENNSBORO TOWNSHIP J. SUMMARY OF BORROWER'S TRANSACTIONS K, SUMMARY OF SELLER'S TRANSACTIONS 100. Gross Amount Due From Borrower 400. Gross Amount Due To Seller 101 Contract Sales Price $80,000,00 401. Contract Sales Price I $80,000.00 102. Personal Property 402. Personal Property I 103, Settlement Charges to Borrower $2.518.75 403. I Adjustments For Items Paid By Seller In Advance Adjustments For Items Paid By Seller in Advance 113. CilylTown Taxes 413. CityfTown Taxes 114. County Taxes 150.3800/yr For 09/24/071hru 01101108 $40.79 414. County Taxes 150.3800/yr for 09/24/07 thru 01/01/08 $40.79 115. School Taxes 507.8200/yr for 09/24/07 thru 07101/08 $389.88 415. School Taxes 507.8200/yr for 09/24/07Ihru 07/01/08 $389.88 11 B. Assessments 418. Assessments 119 419. 121. Sewer & Refuse (July (Aug Sepl) 2007 115.00/qlr $8.75 421. Sewer & Refuse (July 1 Aug Sep11200711500/qtr $875 for 9/24/2007 to 10/1/2007 for 9/24/2007 to 10/112007 120. Gross Amount Due From Borrower I $82,958.17 420. Gross Amount Due To Seller I $80,439.42 200. Amounts Paid By Or tn Behalf Of Borrower 500. Reductions In Amount Due To Seller 201 Deposit or Earnest Money I $2,000.00 501. Excess Deposits I 202. Principal Loan Amount from Joneslown Bank I $84,129.00 502. Settlement Charges to Seller I $11,10500 203. Existing Loan(s) Taken Subject 10 I 503. Existing Loan(s) Taken Subject to I Adjustments For Items Unpaid By Seller Adjustments For Items Unpaid By Seller 210. 510. 211 511. 212 512. 213. CilyfTown Taxes 513. Cityrrown Taxes 214 County Taxes 514. County Taxes 218. Assessments 518. Assessments 219. 519 220. Buyer's Total Credits 300. Cash At Settlement From/To Borrower 301. Gross Amount Due From Borrower (line 120) 302. Less Amounls Paid By/For Borrower (line 220) $66,129.00 520. Seller's Total Charges I $11,105.00 I I 600. Cash At Settlement To/From Seller $82.958.17 601. Gross Amount Due To Seller (line 420) I $66,129.00 602, Less Deductions In Ami Due To Seller (line 520) I $80,439.42 $11,105.00 303. Cash [X] From [ ] To Borrower $16,829.17 603. Cash [X] To [ J From Seller $69,334.42 400701510. CB L Settlement Statement Page 2 700, Total Sale Commission 80000.00 @ 6 % = 4800,00 Division of Commission (line 700) As Follows: Paid From Borrower's Paid From Seller's 701. $2825.00 to C21 Piscioneri Realty Funds AI Settlement Funds At Settlement 702. $1975.00 10 ERA NRT, ine 703. Commission paid al settlement $4,800.00 708. Service Fee 10 C21 Piscioneri Realty $195.00 709. Broker Administrative Fee to ERA NRT, loc $165.00 800. Items Payable In Connection With Loan 801. Loan Origination Fee 802. Loan Discount 803. Appraisai Fee 10 JBT FOR RSR APPRAISERS $350.00 804 Credit Report from Trans Union (POC 5.00) 805 Lender Inspection Fee 810. Document Preparation to Jonestown Bank & Trust Co $129.00 812 Flood Cert Fee from LandAmerica (pOC g.OO) 816. Real Estate Taxes (rom Jonestown Bank (POC 655.2000 by Seller) 900. Items Required By Lender To Be Paid In Advance 901 Inlerest 902 Mortgage Insurance Premium 903 Hazard Ins. Premium to Juniata Muluallnsurance Company (POC 193.0000 by Buyer) 904 Flood Ins. Premium 1000. Reserves Deposited With Lender 1001. Hazard Ins. Reserve 1002. Mortgage Ins. Reserve 1003. City Property Taxes 1004. County Property Taxes 1010. Aggregate Accounting Adjustment . 1100. Title Charges 1101. Settlement/Closing Fee 1102. Abstract or Tille Search 1103. Title examination 1104. Title Insurance Binder 1105. Document preparation Deed Preparation to Craig Diehl, ESQ. $100 00 1106. Notary fee to Cash $20.00 $10.00 1107. Attorney Fee 1108. Tille Ins. Total (0 Secured Land Transfers - Mechanicsburg $738.75 1109. Lender's Coverage $64129.00 ($) 1110. Owner's Coverage $80000.00 ($738.75) 1111. Endorsements-l00/300/900 ($150.00) to Secured Land Transfers - Mechanicsburg $150.00 1119. Wire Transfer Fee to Secured Land Transfers - Mechanicsburg $35,00 1127. Electronic Delivery & Handling Fee to Secured Land Transfers - Mechanicsburg $50.00 1200. Government Recording And Transfer Charges 1201. Recording Fees for Deed 38.50; Recording Fees for Mortgage 42.50 1202. City/County Tax/Stamps 80000 1203. Slale Deed Tax 800.00 1300 Additional Settlement Charges $8100 $800.00 $800.00 1302. Pes I inspection (PaC) 1305. Home Inspection (POC) 1306. Pool Inspection (POC) 1307. ESCROW far Estate Taxes to Secured Land Transfers - Mechanicsburg $5,20000 1400. Total Settlement Charges $2,518.75 $11,10500 I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief It IS true and accurate statement of all receIpts and disbursements made on my accoun or by me in this transaction I further certify that I have received a copy of the HUD-1 Settlement Statement. BUYERS SELLERS The HUD-1 Settlement Statement which t have prepared is a true and accurat accordance with thiS statement. Settlement Agent /7 K /) Lr!Jf rJ (J()l 1~~dJQ SECURED LAND TRANSFERS. MECHANICS BURG J have caused or will cause the funds to be disbursed in Date 09/24/2007 , I) isplay CIS InfolDlation ", ", "' 5 t, _, iQisplay customer , fxit Boyd M Bitting , .collateral Deposits Tax ID 184-26-7422 Branch nUJTlber HOJTIe phone 717-732-0524 Bus iness phone 717-790-2604 Loans Other 0 .00 0 0 .00 0 Street Messages 17025-2601 " Relationships Maintenance 4 92,603.28 o .00 'boe .._....__.M...._...........,1............................._._............_............"..............................._........._._... 3,624.37 76,069.96 1,200.00 .00 Account closed .00 Account closed closed CS8500 SFlNC LAST WILL AND TESTAMENT OF BOYD MALCOLM BITTING C) . r-... :-~;"'" :.,-',J , , I....):) . --j i ," ~ I, BOYD MALCOLM BITTING, currently residing atA-=-AAdams .'- ._~ r~.) -..., ~. Street, Enola, Cumberland County, Pennsylvania 17025 being of soJDd mind, memory and understanding do hereby make and publish this my Last Will And Testament hereby revoking all previous Wills and Codicils made by me. Item I. I order and direct that all of my just debts, funeral expenses and inheritance taxes may be paid as soon as conveniently possible immediately after my death. Item II. I may leave a written list, which will be dated and either in my own handwriting or signed by me, that sets forth my wishes regarding distribution of specific personal property. The list may include proceeds from any insurance policies. I f I do, then I intend it to qualify as an amendment to this Will. If it should be determined that any such list does not qualify as an amendment to this Will, it is my hope that those entitled to share in my estate will nevertheless respect it. Item III. All of the rest, residual, and remainder of my estate, real, personal and mixed of whatever kind and wheresoever situated, I give and bequeath equally, PER CAPITA, to my children and stepchildren, CAROL ESTHER ROTH, THOMAS ROBERT WATTS, JEFFREY LYNN BITTING and BOYD MALCOLM BITTING, II. Item IV. I hereby nominate and appoint my son, JEFFREY LYNN BITTING, to be my personal representative. If he is unable or unwilling to serve I appoint THOMAS ROBERT WATTS. Item V. I direct that no Personal Representative appointed under this Will be required to post any bond or provide any security to serve in that capacity. Item VI. I confer on my Personal Representative, In addition to those powers granted by law, exercised in a prudent manner and constituting a part of my estate: A. To retain and to invest in all forms of real and the following applicable to powers to be all property personal property, without being confined to investments authorized by a statutory list, without being required to diversify and regardless of any principle of law limiting delegation of investment responsibilities by executors or trustees; B. To compromise claims and to abandon any property which, in my personal representative's opinion, is of little or no value; c. To sell at private or public sale, to exchange or to lease for any period of time, any real or personal property, and to give options for sales or leases; 2 D. To borrow from anyone, even if the lender is an executor hereunder, and to pledge property as security for repayment of the funds borrowed; E. To join in any merger, reorganization, voting-trust plan or other concerted action of security holders, and to delegate discretionary duties; F. To employ and to rely upon the advice given by investment counsel, to delegate discretionary authority to make changes in investments to investment counsel, and to pay investment counsel reasonable compensation in addition to any fees otherwise paid to my personal representative; G. To employ a custodian, to hold property unregistered or in the name of a nominee (including the nominee of any institution employed as custodian), and to pay reasonable compensation to the custodian in addition to any fees otherwise payable to my personal representative; H. To procure and carry at the expense of my estate insurance of kinds, forms and amounts deemed advisable by my executor to protect my estate and my personal representative against any hazard; 3 I. To commence or defend at the expense of my estate any litigation affecting my estate deemed advisable by my personal representative; J. To conduct alone or with others any business In which I am engaged or in which I have any interest at my death, with all the powers of any owner with respect thereto, including the power to delegate discretionary duties to others, to invest other property held hereunder in such business and to organlze a partnership or corporation to carry out such business; and K. To distribute in cash or in kind. IN WITNESS WHEREOF, I, BOYD MALCOLM BITTING, have to this my Last Will And Testimony hereunto set my hand and seal this day of 3- J (-ct-" , 2006. 4 SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testator, BOYD MALCOLM, as and for his Will, in the presence of us who, at his request, in his presence, and in the presence of each other, all being present at the same time, have hereto set our hand as witnesses: 1'/) 1 L NAME ClfJ:a~ (J RESIDING AT cllLf CV l/~~& 0i/r)( ?~ J3Jeed...- r// j J () JJ N~~()G-- RESIDING AT !03 N. <?,l,ST l ENOYA-V::: t r){t {lo'-f3 5 STATE OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND I, BOYD MALCOLM BITTING, having been according to law, acknowledge that I signed instrument as my Will, and that I signed it as voluntary act for the purposes therein expressed. duly the my qualified foregoing free and ) /7 .-::/ / ,/ .~,~; j ./'a4?:J~ MALCOLM BITTING r- 7' We, having been duly qualified according to law, depose and say that we were present and saw BOYD MALCOLM BITTING sign the foregoing instrument as his Will; that he signed it as his free and voluntary act for the purposes therein expressed; that each of us in his sight and hearing and at his request signed the Will as witnesses; and that to the best of our know ~ge h was at the time 18 years or more of age, of sound mind, an. unde no constraint or undue influence. t'-'" ------------~. ~ ...--- " \..... ~ ~ .'. ::::--- Witness <~ Subscribed, sworn to, or before me by the above-named testator names appear, on this ':?? day of affirmed, and acknowledged and by the witnesses whose 2006. ~:.~MMONl;VEALTH OF ?ENN'dYLV:-\Niii, . -- I ; NOTAR~LS~. ~ 1'0' D"",,1j?,';t:,.. t>iI\IIQ::<!. ''"'''' '.l"'~-'''1 ,t:l,.,,~ ~ a..'. nn;il'l~~ ~_ 1:. .~.~J1,.,,~~10Ur"J IT i':!(.Jt!.~:- r-Mf.iJl.Ji'~ ~ i So'lllth Mid~atr.m Twu., CUmi};;;l!el'ld CoLmJ ~ _:~.::~:y r'~~;m~~i~~on ~1~m~ D:;..[;, 1:\ 2"D.07" ~ ".,....,.,......-.~.,'~"""".u~~....,__"""'..,.=,,_._.-..-.:~-=O~=...-=_"'..,...,_~..".. _ """""-_... . "'-_._' 6