HomeMy WebLinkAbout03-03-08
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REV-1500 EX(06-05)
PA Department of Revenue
Bureau of Individual Taxes
PO BOX 280601
Harrisburg, PA 17128-0601
15056041158
INHERITANCE TAX RETURN
RESIDENT DECEDENT
OFFICIAL USE ONLY
County Code Year
21 07
File Number
0622
ENTER DECEDENT INFORMATION BELOW
Social Security Number Date of Death
Date of Birth
210-16-1368
06192007
12301925
Decedent's Last Name
Suffix
Decedent's First Name
MACKINTOSH
KATHARINE
MI
L
(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
[K] 1 . Original Return
o 4. Limited Estate
[K] 6. Decedent Died Testate
(Attach Copy of Will)
o 9. Litigation Proceeds Received
Supplemental Return
o
o
3. Remainder Return (date of death
prior to 12-13-82)
5. Federal Estate Tax Return Required
0.- 8. Total Number of Safe Deposit Boxes
Spousal Poverty Credit (date of death 0 11. Election to 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 Daytime Telephone Number
o 2.
04a.
W 7.
010.
Future Interest Compromise (date of
death after 12-12-82)
Decedent Maintained a Living Trust
(Attach Copy of Trust)
LINDA J. LUNDBERG, VICE PRESIDENT
717-730-2265
Firm Name (If Applicable)
4242 CARLISLE PIKE
REGISTER OF::WILLS USE ~
c; 0 ::::r;
. -~ ~:rU r=! f~
- ~ r-'., I
>~., ~L~ LJ
City or Post Office
State
ZIP Code
--I
ti4TE FILED
''1
PNC BANK, N.A.
First line of address
Second line of address
P.O. BOX 308
CAMP HILL
PA
17011-0308
Correspondent's e-mail address:LINDA.LUNDBERG@PNC.COM
Under penalties of perjury, I declare that I have examined this retum, including accompanying schedules and statements, and to thE! best of my knowledge and belief,
it is true, correct and comp t t t r tative is based on all information of which preparer has any knowledge.
LING DATE
ADDRESS
-
Vice Pres. & Tru;:.i OHker
SIGNATURE OF PREPARER ornER mAN REPRESENTATIVE
DATE
ADDRESS
PLEASE USE ORIGINAL FORM ONLY
Side 1
L
15056041158
6M46473.000
15056041158
--l
c::l\~
-.-J
15056042159
REV-1500 EX
Decedent's NameM A ( KIN TO S H
RECAPITULATION
1 . Real estate (Schedule A) .
2. Stocks and Bonds (Schedule B) .
3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C).
4. Mortgages & Notes Receivable (Schedule D). . . . . . . . . . . . . .
5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E).
6. Jointly Owned Property (Schedule F) D Separate Billing Requested
7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property
(Schedule G) D Separate Billing Requested
8. Total Gross Assets (total Lines 1-7). . . . . . . . . .
9. Funeral Expenses & Administrative Costs (Schedule H).
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I).
11. Total Deductions (total Lines 9 & 10). . . . .
12. Net Value of Estate (Line 8 minus Line 11) . .
13. Charitable and Governmental Bequests/See 9113 Trusts for which
an election to tax has not been made (Schedule J) .
14. Net Value Subject to Tax (Line 12 minus Line 13)
Decedent's Social Security Number
210-16-1368
KATHARINE L
. 1. 0.00
. . 2. 169354.00
. 3. 0.00
. . 4. 0.00
. 5. 107544.62
. . 6. 0.00
.7. 0.00
. 8. 276898.62
. 9. 23209.70
10. 4860.31
11. 28070.01
12. 248828.61
13. 0.00
14. 248828.61
TAX COMPUTATION - SEE INSTRUCTIONS FOR APPLICABLE RATES
15. Amount of Line 14 taxable
at the spousal tax rate, or
transfers u~er Sec. 9116
(a)(1.2) X .0_ 0 . 00
16. Amount of Line 14.1axable
at lineal rate X .o~ 24 8828 . 60
17. Amount of Line 14 taxable
at sibling rate X .12 0 . 0 0
18. Amount of Line 14 taxable
at collateral rate X .15 0 . DO
19. TAX DUE . . . . . .
20. FILL IN THE BOX IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
Side 2
L
15056042159
6M4648 2.000
15. 0.00
16. 11197.29
17. 0.00
18. 0.00
19. 11197.29
D
15056042159
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REV-1500 EX Page 3
f C
Ale Number
0622
Add
Deceden 5 omplete ress:
DECEDENrS NAME
MACKINTOSH KATHARINE L
STREET ADDRESS
MESSIAH VILLAGE
601 HENRY STREET
CITY I I STATE I ZIP
MECHANI'CSBURG PA 17055-
Tax Payments and Credits:
1. Tax Due (Page 2 Line 19)
2. Credits/Payments
A. Spousal Poverty Credit
B. Prior Payments
C. Discount
(1)
11197.29
0.00
10070.00
530.00
Total Credits (A + B + C) (2)
10600.00
3. Interest/Penalty if applicable
D. Interest
E. Penalty
0.00
0.00
0.00
Total InterestlPenalty (D + E) (3)
4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT.
Fill in box on Page 2, Line 20 to request a refund. (4)
0.00
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5)
597.29
0.00
A. Enter the interest on the tax due. (SA)
B. Enter the total of Line 5 + 5A This is the BALANCE DUE. (58)
597.29
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; . . . . . . . . . . . . . . .
b. retain the right to designate who shall use the property transferred or its income;
c. retain a reversionary interest; or . . . . . . . . . . . . . . . . . . . . . . . . .
d. receive the promise for life of either payments, benefits or care? .........
2. If death occurred after December 12, 1982, did decedent transfer property within one year of death
without receiving adequate consideration? . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? .
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which
contains a beneficiary designation? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Yes
IX]
IX]
[K]
D
D
D
D
No
D
D
D
[X]
00
[X]
!X]
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)).
Fa 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 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.
6M4671 1.000
REV-1503 EX + (~98)
SCHEDULE B
STOCKS & BONDS
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
FILE NUMBER
21 07 0622
Katharine L. Mackintosh
All property jointly-owned with right of survivorship must be disclosed on Schedule F.
ITEM
NlNBER
1. 132 Shares
AT&T Inc.
CUSIP: 00206R102
DESCRlP110N
VALUE AT DATE
OF DEATH
5,296.50
2
100 Shares
Bank of America Corp.
CUSIP: 060505104
Dividend accrued on 6/19/2007
5,049.00
56.00
3
100 Shares
Baxter Intl Inc.
CUSIP: 071813109
Dividend accrued on 6/19/2007
5,780.00
16.75
4
100 Shares
Bristol Myers Squibb Co.
CUSIP: 110122108
3,162.95
5
35 Shares
Coca Cola Co.
CUSIP: 191216100
Dividend accrued on 6/19/2007
1,798.83
11.90
6
136 Shares
Exxon Mobil Corp.
CUSIP: 30231G102
11,705.52
7
154 Shares
FLP Group Inc.
CUSIP: 302571104
9,300.83
8
700 Shares
General Electric Co.
CUSIP: 369604103
27,128.50
9
86 Shares
Halliburton Co.
CUSIP: 406216101
Dividend accrued on 6/19/2007
3,116.21
7.74
Total from continuation schedules
96,923.27
3W4696 1.000
TOTAL (Also enter on line 2, Recapitulation) $
(If more space is needed, insert additional sheets of the same size)
169,354.00
Estate of: Katharine L. Mackintosh
210-16-1368
Schedule B (Page 2)
Item
No.
Description
Value at Date
of Death
10 11 Shares
International Business Machines Corp.
CUSIP: 459200101
1,163.58
11 53 Shares
Johnson & Johnson Corp.
CUSIP: 478160104
3,309.06
12 100 Shares
Microsoft Corp.
CUSIP: 594918104
3,052.00
13 350 Shares
PNC Finl Svcs Group Inc.
CUSIP: 693475105
26,166.00
14 700 Shares
PPL Corp.
CUSIP: 69351Tl06
Dividend accrued on 6/19/2007
32,865.00
213.50
15 409 Shares
Progress Energy Inc.
CUSIP: 743263105
19,355.93
16 252 Shares
Verizon Communications
CUSIP: 92343V104
10,798.20
Total (Carry forward to main schedule)
96,923.27
REV-1508 EX + (6-98)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RElURN
RESIDENT DECEDENT
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
FILE NUMBER
21 07 0622
ESTATE OF
Katharine L. Mackintosh
Include the proceeds of litigation and the date the proceeds were received by the estate.
AI property jointly-owned with the right of survivorship must be disclosed on Schedule F.
ITEM
NUMBER
DESCRIPTION
VALUE AT DATE
OF DEATH
1
Principal Cash balance of the Katharine L. Mackintosh
Trust Agreement account (Account f 27-27-001-3121405),
as of date of death
Interest accrued to 6/19/2007
101,102.06
274.44
2
Income accrued to date of death from the William. F.
Mackintosh Charitable Unitrust (Account f
27-27-001-3217191) under Will
1,931.74
3
Income accrued to date of death from the William. F.
Mackintosh QTIP Marital Trust (Account f
27-27-001-3217175) under Will
2,086.39
4
Income accrued to date of death from the William. F.
Mackintosh Residuary Trust (Account f 27-27-001-3217183)
under Will
17.34
5
PNC Bank, N .A.
Checking Account
Account f 5140238654
Interest accrued to 6/19/2007
1,776.77
0.06
6
US Bank - Accrued June 2007 pension payment
355.82
7 For Informational Purposes
See schedule attached
0.00
3W46AD 1.000
107,544.62
TOTAL (Also enter on line 5. Recapitulation) $
(If more space is needed, insert additional sheets of the same size)
Estate of Katharine L. Mackintosh
Date of Death: 06-19-2007
File # 21-07-0622
Schedule E - Item #7
For Informational Purposes Onlv
Under the Will of the decedent's pre-deceased (died 12-15-1988) spouse, William F.
Mackintosh, the decedent had interests in the following three Trust Accounts:
1. Under Item 4 - Provisions for the Charitable Unitrust
(Acct. # 27-27-001-3217191)
2. Under Items 5 (Residue) & 6 (Trust A) - Provisions for the QTIP Marital Trust
(Acct. # 27-27-001-3217175)
3. Under Item 7 (Trust B) - Provisions for the Residuary Trust
(Acct. # 27-27-001-3217183)
None of the decedent's interest in the three Trusts created under the Will of William F.
Mackintosh is taxable for P A Inheritance Tax and thus, is being disclosed for
informational purposes.
(Copy of Will of William F. Mackintosh enclosed)
REV-1510 EX + (6-98)
SCHEDULE G
INTER-VIVOS TRANSFERS &
MISC. NON-PROBATE PROPERTY
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Katharine L. Mackintosh
FILE NUMBER
21 07 0622
ITEM
NUMBER
1.
DATE OF DEATH
VALUE OF ASSET
% OF DECD'S
INTEREST
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.
DESCRIPTION OF PROPERlY
K:UDE TIE IWAE OF TIE TRANSFEREE. THEIR RElATIONSHP TO DECEDENT f'K)
TtEDAlEOFTRANSFER.ATTACHACOPY OF TIE DEED FOR REAL ESTATE.
TAXABLE
VALUE
For Informational Purposes
Katherine L. Mackintosh created
a Revocable Trust Agreement
with CCNB Bank, N.A., N/K/A PNC
Bank, N. A., trus tee, dated
February 10, 1989.
(Account # 27-27-001-3121405)
Upon her death, the assets that
comprised this Trust terminated
to her estate and are listed on
Schedule "B" (all items) and
"E" (i tem 1 )
(Copy of Trust Agreement
enclosed)
0.00 100.0000
TOTAL (Also enter on line 7. Recapitulation) $
(If more space is needed, insert additional sheets of the same size)
3W46AF 1.000
EXCLUSION
iF APPLICABlE'
0.00
0.00
0.00
RE'o'1511 EX + (1'2-99)
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
COMMONWEAL lH OF PENNSYLVANIA
INH:RITANCE TAX RElURN
RESIDENT DECEDENT
ESTATE OF
Katharine L Mackintosh
ITEM
NUMBER
A.
B.
3W46AG 1.000
Debts of decedent must be reported on Schedule I.
DESCRIPTION
1.
FUNERAL EXPENSES:
Auer Memorial Home & Cremation - Balance due for
funeral service
1.
ADMINISTRATIVE COSTS:
Personal Representative's Commissions
Name of Personal Representative(s) PNC Bank, N. A.
Social Security Number(s) I EIN Number of Personal Representative(s)
Street Address
City
State
Zip
Year(s) Commission Paid:
2.
Attorney Fees
3. Family Exemption: (If decedent's address is not the same as daimant's, attach explanation)
Claimant
Street Address
City
State
Zip
Relationship of Claimant to Decedent
4.
Probate Fees
5. Accountant's Fees
6. Tax Return Preparer's Fees
7.
1
Charles E. Shields, III, Esquire - Reimbursement for
payment of legal advertising expenses
Total from continuation schedules
FILE NUMBER
21 07 0622
TOTAL (Also enter on line 9, Recapitulation)
(If more space is needed, insert additional sheets of the same size)
$
AMOUNT
103.50
11,076.00
11,076.00
155.00
201.70
597.50
23,209.70
Estate of: Katharine L. Mackintosh
210-16-1368
Schedule H Part 7 (Page 2)
2
Charles E. Shields, III, Esquire - Reimbursement for
photocopy expenses incurred at Courthouse
67.50
3
Register of Wills - Fee for filing Inventory & PA
Inheritance Tax Return
30.00
4
Reserve for filing Account
500.00
Total (Carry forward to main schedule)
597.50
REV-1512 EX+ (12-03)
COMMONVVEAL TH OF PENNSYLVANIA
INtERITANCE TAX RElURN
RESIDENT DECEDENT
ESTATE OF
Katharine L Mackintosh
SCHEDULE I
DEBTS OF DECEDENT,
MORTGAGE LIABILITIES, & LIENS
FILE NUMBER
21 07 0622
Report debts incurred by the decedent prior to death which remained unpaid as of the date of death, including unreimbursed medical expenses.
ITEM
NUMBER
1.
DESCRIPTION
VALUE AT DATE
OF DEATH
Al\.:-ert Pharmacy Services, Inc. - Balance due for
prescription purchases from 05-20-07 to 06-19-07
101.62
2
Messiah Village - Balance due for room and board charges
4,261.00
3
PNC Bank, N.A. - Check issued (payable to Hampden
Township Ambulance) from checking account (Account #
5140238654) prior to death and submitted for payment
subsequent thereto
67.72
4
Wildeman & Obrock, CPA - Fee due for the preparation of
the decedent's 2006 Personal Income Tax Returns
425.00
5
Paul D. Dalbey, DPM - Balance due for medical services
4.97
3W46AH 2.000
TOTAL (Also enter on line 10, Recapitulation) $
(If more space is needed, insert additional sheets of the same size)
4,860.31
. .
REV-1513 EX+ (9-00)
SCHEDULE J
BENEFICIARIES
COMMONWEALlH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Katharine L Mackintosh
NUMBER
I
NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY
TAXABLE DISTRIBUTIONS [indude outright spousal distributions, and transfers
under Sec. 9116 (a) (1.2)]
Jeremy Chubb
1109 Charles Street
Mechanicsburg, PA 17055
1
Per codicil dated 12-20-2005, under
Item 2, a specific legacy, bequest
of the sum. necessary to payoff and
satisfy the mortgage in full for
1109 Charles Street, Mechanicsburg,
PA
2 Paula L. Chubb (Daughter) Trust,
under Item 6 (A) of Will, PNC Bank,
N .A., trustee
4242 Carlisle Pike
P.O. Box 308
Camp Hill, PA 17011-0308
One Half of Residue: 62,616.11
RELATIONSHIP TO DECEDENT
Do Not List Trustee{s)
Grandson
Daughter
FILE NUNBER
21 07 0622
AMOUNT OR SHARE
OF ESTATE
123,596.38
62,616.11
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
3W46AI 1.000
TOTAL OF PART 11- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET
(If more space is needed, insert additional sheets of the same size)
$
0.00
Estate of: Katharine L. Mackintosh
210-16-1368
Schedule J Part 1 (Page 2)
Item
No . Description
Relation
Amount
3 Janice L. Collins (Daughter) Trust,
under Item 6 (B) of Will, PNC Bank,
N .A., trustee
4242 Carlisle Pike
P.o. Box 308
Camp Hill, PA 17011-0308
One Half of Residue: 62,616.11
Daughter
62,616.11
4 Richard N. Chubb, Jr.
Contingent remainder interest in
Trust 6(A) under Will.
Son-in-law
0.00
5 Julie Walizer
Contingent remainder interest in
Trus t 6 (A) under Will.
Granddaughter
0.00
6 Michael Walizer
Contingent remainder interest in
Trust 6(A) under Will.
Grandson-in-Iaw
0.00
7 Nicole Zapata
Contingent remainder interest in
Trust 6(B) under Will.
Granddaughter
0.00
*** The executor maintains that the
possLbility of the estate
terminating to other than lineal
heirs is so remote as to be
negligLble ***
LAST WILL AND TF...~TAMENT OF KATHERINE L. MACKINTOSH
I, KATHERINE L. MACKINTOSH, unremarried widow. of Mecbanicsburg.
Cumberland County. Pennsylvania, being of sound and disposing mind, memory and
understanding. do make. publish and declare this my Last Will and Testament, hereby revoking and
making void any and all prior Wills by me at any time heretofore made.
1.
I direct the payment of all my just debts and funeral expenses as soon after my decease as
the same can conveniently be done.
2A
I give and devise my residential real property composed of a lot of ground and the
improvements thereon erected. located at 1109 Charles Street, Mechanicsburg. Cumberland County.
Pennsylvania, as well as the furniture. linens. silverware, dishes. carpeting. personal effects. and the
like, located therein, to my beloved grandson. JEREMY R. CHUBB. I further direct my executor
and my attorney to proceed to prepare and record an executor's deed to the said property as
reasonably soon after my death as circumstances will permit
2B.
In the event that at the time of my death, my said grandson is diligently pursuing an MBA
degree at the Pennsylvania State University. but has not then fully compl~ said degree, then I
hereby direct my executor to set aside a sum it deems sufficient to meet the expenses necessary to
complete said degree. This shall include. inter: plia. tuition, room, board. books. student activity fees.
reasonable allowances for transportation and such other items as my executor. in its full. absolute.
unfettered and final discretion shall deem appropriate. In the event my said executor shall need
funds in addition to those originally set aside through error in calculation or through increases in
costs during the pursuit of stich degree. I hereby authorize and direct my executor to withdraw
sufficient amounts to fully cover such costs from the trust established hereinbelow.
'2C.
In the event that my said grandson fails to survive me. then the devise and gift set forth in
paragraphs 2A and 2B. shall lapse and shall be considered to be pan of .the residue of my estate as
set forth hereinbelow. In the event that he survives me but dies before completing said degree, any
unspent funds shall be added to the residue of my estate.
3.
I give and bequeath any automobile that I own at the time of my death to my daughter and
son-in-law. PAULA L. CHUBB and RICHARD N. CHUBB, JR.. as tenants by the entireties.
In the event that both of them fail to survive me, this gift shall lapse and shall be considered to be a
c/fMac ~1!kht{ ~ {
part of the residue of my estate.
4.
I give and bequeath my light beige linen covered sofa in my living room to my said
daughter, PAULA L. CHUBB. In the event she fails to survive me, this gift shall go to my said
grandson, JEREMY R. CHUBB. In the event he fails to survive me or disclaims this gift, it shall
then go to my granddaughter, JULIE WALIZER, currently of 123 Cambridge Drive,
Mechanicsburg, Pennsylvania. In the event she fails to survive me, this gift shall lapse and shall be
considered to be a part of the residue of my estate.
5.
For clarification purposes, I hereby state that I am familiar with the laws of priorities as they
relate to the specific devise and bequests made above. I understand that so long as the residue of
my estate is sufficient to pay the death taxes, administration costs, fees and the like associated with
the value of the above devise and bequests that the same shall be paid from the residue of my estate.
6.
All the rest, residue and remainder of my Estate, real, personal and mixed, whatsoever and
wheresoever situate, shall be divided into two (2) equal shares and shall be placed in trust with the
PNC Bank, N.A, as Trustee, to be administered and distributed upon the terms and conditions set
forth below:
A) Paula L. Chubb Trust
B.) Janice L. Collins Trust.
7.
Trustee shall manage and administer all property comprising the principal of these trusts
and may, if Trustee deems it expedient and efficient to do so, manage the respective trust assets as if
they were one trust, taking care to maintain separate accountings and bookkeeping entries for the
two (2) beneficiaries.
A) Trustee shall pay the income to each of the beneficiaries quarterly for
and during their respective and separate and natural lives.
B.) Trustee shall not invade the principal of either trust unless such
invasion is necessary to pay for a medical emergency, for nursing home care or for
in-home care. In such event or events, Trustee shall not make such payments
without first being sufficiently and adequately assured that the beneficiary or
beneficiaries, as the case or cases may be, is unable to pay for the same from her
own funds and resources. My trustee's discretion and decision in such matters as
2
7fT/a2el~ rr /If~c huk'
to the legitimacy of the need and the sufficiency of the proof shall be full, absolute,
unfettered and final.
C.) In the event my said daughter, Paula L. Chubb, fails to survive me, or
upon her death after the establishment of said Trust, I direct that her share shall be
divided and distributed. fice of trust, as follows:
U), D.w>balf (112) thereof to her spouse, RICHARD N.
CHUBB, JR., provided he survives her. If he fails to survive her,
then to my granddaughter, JULIE W ALIZEIl
(ii) One-half (112) thereofto my granddaughter, JULIE
WALIZER. In the event she fails to survive her said mother, then
Julie's share shall go to her husband, MICHAEL WALIZER,
provided they were married at the time of her death. In the event that
he bas failed to survive her, then to their issue, in equal shares,]W:.
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D.) In the event my said daughter, Janice L. Collins, fails to survive me
or upon her death after the establishment of said Trust, i direct that her share shall be
distributed, free of trust, to her daughter, NICOLE ZAPATA. In the event that
Nicole has failed to survive her said mother, then to Nicole's issue, in equal shares,
DeT stir:pes.
8.
. Concernin~ Self-f)p.Alin~ et al. No role of law against self-dealing, divided loyalty, or
conflict of interest shall be applied to render any transaction effected by the fiduciaries void,
voidable, or otherwise subject to attack solely for violation of such rule, nor shall the fiduciaries
incur any liability, nor shall any fiduciary commissions for acting hereunder be reduced, solely for
violation of such rule. Any transaction which involves self-dealing, divided loyalty, or conflict of
interest by the fiduciaries shall be judged by the rules of law which would apply to the same
transaction at arm's length between strangers free of any element of self-dealing, divided loyalty, or
conflict of interest. Thus, by way of illustration and not of limitation, all fiQuciaries are authorized,
without giving any notice required by stablte, to:
(1) Employ and compensate any fiduciary or any affiliate as broker,
agent, or professional advisor for any purpose.
(2) Borrow from the commercial department of any corporate fiduciary
or any affiliate at current interest rates.
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(3) Buy, retain, and sell any debt or equity security issued or
underwritten by any corporate fiduciary or any affiliate and any debt security
secured, supported, and/or otherwise enhanced by a letter of credit issued by any
corporate fiduciary or any affiliate.
(4) Buy, retain, and sell any security' of any investment company or trust
registered under the Investment Company Act of 1940 to which any corporate
fiduciary or any affiliate renders services for compensation.
(5) Buy property from or sell property to any beneficiary or fiduciary
acting hereunder or otherwise on arm's length terms.
An "affiliate" means any entity which owns, directly or indirectly, an interest in any
corporate fiduciary, any entity in which any corporate fiduciary owns an interest, directly or
indirectly, and any entity in common control with any corporate fiduciary.
8a.
My Executorffrustee may resign at any time without court approval by notifying in writing
the then current beneficiaries.
8b.
My Executorrrrustee shall be compensated in accordance with its standard fee schedule in
etfect when its services are rendered to the estate or trust
9.
I nominate, constitute and appoint PNC BANK, N.A., to be the Executor of this my Last
Will and Testament I further direct that it shall not be required to file bond or other security in the
Office of the Register of Wills for the purpose of administering my Estate.
10.
I specifically make it known hereby regarding the powers of my Executorlfrustee: In
addition to the powers given to it by law, my executorltrustee shall have the following discretionary
powers applicable to all property held by it, effective without court order and until actual
distribution:
(1) To retain any property received by it, without regard to any principle of investment
diversification.
(2) To invest in all forms of property, without restriction to investments authorized by law
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and without regard to any principle of investment diversification.
(3) To compromise controversies.
(4) To buy, exchange, or sell- real or personal property publicly or privately, for such prices
and on such terms as it deems proper; to lease for any term regardless of the duration of any
arlmlnlstration hereunder; and to give options (pr these purposes without o~Ugation to repudiate
them in favor of a higher offer.
(5) To borrow money from any source, and to mortgage or pledge as security.
(6) To hold investments in the name of a nominee.
IN WITNESS WHEREOF, I have hereunto set my hand and sealthis.;Zl,!L; day of
,
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. AD. 2001.
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. i KATHERINE L. MACKINTOSH
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Signed, sealed, published and declared by the above-namedKA THERINE L.
MACKINTOSH as and for her Last Will and Testament, in the presence.of us, who at her request
and in her presence, and'in the presence of each other, have hereunto subscribed our names as
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COUNTY OF CUMBERLAND
COMMONWEALnI OF PENNSYLVANIA :
:SS.
I, K&r;l\i! L. ~l\bbh Testatorlfestatrix, whose name is signed to the
attached or foregoing instrument, having been duly qualified according to law, do hereby
acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly
and that I signed it as my free and voluntary act for the pUIposes therein expressed.
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Sworn or affirmed to and acknowledged before me by the above Testatorlfestatrix this :2 7 H.
day of ~ , AD. 2001.
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Notary Public
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COMMONWEALTH OF PENNSYLVANIA :
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COUNTY OF CUMBERLAND
We, ~v;d A. ~rtl\..o..)" and -?~h-;c.;" Pr. kJe/lver ,the
wimesses whose names are signed to the attached or foregoing instrument, being duly qualified
according to law, do depose and say that we were present and saw \<G.:tk.:,.j IIC l. rn-4.a;t1k~,
Testatorlfestatrix, sign and execute the instrument as hislher Last Will; that
~ executed itas hisJher free and voluntary act for the purposes
therein expressed; that each of us, in the hearing and sight of ~C\,; J ,
Testatorlfestatrix, signed the Will as witnesses; and that to the best of our ~ow1edge, the
Testatorlfestatrix was at that time eighteen (18) or more years of age, of sound mind and under no
constraint or undue influence.
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Sworn or affirmed to and subscribed before me this ~.day of ~ , AD. 2001.
NotariaJ Seal
ChIrles E. Shields 11/, ~ Public
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Notary PubJic
CODICIL TO LAST WILL AND TESTAMENT
m:
KATllERINEL. MACKINTOSH, a.k.a. KATHARINE L. MACKINTOSH
I, KATHERINE L.MACKlNTOSH, a.k.a. KATHARINE L. MACKINTOSH, an
unremarried widow, currently of Lower Allen Township, formerly of Mechanics burg Borough,
Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding,
do make, publish and declare this Codicil to my Last Will and Testament dated April 27, 2001.
I revoke Paragraphs 2A, 2B, and 2C of my said Will, and substitute in their place the following:
2.
I have formerly provided in the above-referenced Last Will and Testament for a specific devise
of my residential property at 1109 Charles Street, Mechanicsburg, Cumberland County, Pennsylvania,
and for a bequest of certain of the contents therein, to my grandson, Jeremy R. Chubb, as well as for
fmancial assistance for his post-graduate college education. A change in circumstances and not any
personal displeasure toward my grandson has led to my revocation of both the devise and the bequest
in whole or in part as I set forth more fully herein below.
My said grandson is in the process of purchasing the said premises at 1109 Charles Str~t and
is obtaining a purchase money mortgage to do so. In the event that at the time of my death, there is
any balance then due and owing on such purchase money mortgage or on any successor mortgage
thereto or on any refinance of such mortgage, then I give, devise, and bequeath in the form of a
specific legacy to pay a debt the sum necessary to pay-off and satisfy such mortgage in full. ,I direct
my Executor to determine whether such mortgage still exists and, if so, to determine the amount due
and owing at the time of my death, to arrange for and to make payment of the same as soon as
conveniently may be after my demise.
In the event that my net Estate may appear to possibly be less than is necessary to pay this said
debt in full, then my Executor is authorized to pay such part of it as may be conveniently and safely
done and to augment the said initial payment later as information and circumstances may dictate. In
the event my Executor deems it prudent and wise, it may delay payment in whole or in part until the
amount set aside has been confirmed as part of an Accounting, partial or final, by the Orphans' Court.
As an example for the purposes of clarification: If the amount due at the time of my death is
$100,000.00 and because of uncertainties of any sort, payment is delayed so that my said grandson
makes continuing payments such that the balance is reduced to $95,000.00 at the time payment is
actually made, and if my Estat~ is sufficient to pay the entire debt as it stood at the time of my death,
then my Executor shall arrange payment of the final balance to the lender and shall reimburse my said
grandson for any mortgage payments he has made in the meantime as to both principal and interest.
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"or
I also give, devise and bequeath the household contents of ~e said premises that have not been
sold or otherwise been disposed of during my life and are still remaining therein at the time of my
death to my said grandson, for example: furniture, linens, silverware, dishes, carpeting, personal
effects, and the like.
If for any reason, the final settlement on my said realty has not taken place at the time of my
death, then instead of the above specific legacy to pay a debt, I give, devise and bequeath my said
realty to my said grandson as a specific devise. In such case, I further direct my Executor and my
attorney to proceed to prepare and record an Executor's Deed to the said property as reasonably soon
after my death as circumstances will permit.
IN WITNESS WHEREOF, I hereunto set my hand ~d seal this 2t;/t day of J ~
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Signed, sealed, published and declared by the above-named KATHERINE L.
MACKINTOSH, a.ILa. KATHARINE L. MACKINTOSH, as and for a Codicil to her Last Will and
Testament dated April 27 , 2001, in the presence of us, who. at her request and in her presence, and in
the presence of each other, have hereunto subscribed our names as witnesses.
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