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HomeMy WebLinkAbout03-03-08 ---l 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 ---' 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:. ~. 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. 3 ;/ / ~4'~ /a ~ ~4';:;Ic-itt-vk ,/ , ~ ~ t: r, (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 4 . /') /)II!d' l' "r" I {L ..' . ( . ~ / ( , 1/' j' ;' i' /. I.. . ,., . ;X " /1///(.. ('/ /( I ~i/.. { K- f--" ,:~." 7'iJ~_~j~'"'' 'I ., ,?'~~'" '#/1,g'$'~'""''''h~ti;rr4<'.~r ;~ 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 , ~ . AD. 2001. ~ [f~ /; ~ "f --.I- / y ~. "'-, '.' 1 i'.f J. ". , ,/j" --:1/) ,.) f /' .I ")... I " ~/. '-- '''<-'C~{ ~'l. :.GL ',.- /"" 1/1,/' .('~"I(SEAL) . i KATHERINE L. MACKINTOSH I "r" 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 ~ VL-I"/~_ .- . (j!:&~~) a ~~ 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. , . ':1" v/ ;:// /' -Iz I ) .,... '. " ../..' .'~ .. .,. ~. ?,' ,A :' )/"''''~ , ' ',:.,;"7-.', ,"J ~ (.." , I .." -~... . .~. . ... . --t.:.. ... ... \ I.z:.....-.. ;.: &.- 4 . L Sworn or affirmed to and acknowledged before me by the above Testatorlfestatrix this :2 7 H. day of ~ , AD. 2001. I =',..:~;':~';~ My....- "',", ":,,' ",..,.."?';.~').""'ir 2O,L4 '-""1..IIQo.... _ ~ . MImba',Pemsylvar':'~i; 'IIOBl88 ~E.~;; Notary Public NotariaJ Seal = ~ShIeIds 1/1, ~~bIlc My CornmIIiiOii == ~ Mllrr1iii,~A&eoiiiiiiOl~ COMMONWEALTH OF PENNSYLVANIA : : SS. 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. ,f /' .'. ; , ' "...-- , /' .' .ff:,~;..:;, -. ... -'~ ' , I....: f"1 .. ._ -- 0')'" ...,'~- ./ .? ,'/ I Sworn or affirmed to and subscribed before me this ~.day of ~ , AD. 2001. NotariaJ Seal ChIrles E. Shields 11/, ~ Public My~~~:==~ MemDii. ~AaIociiiiiiOfNalariii ~A/ ~~ch7ii 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. ~-~"-~- ~ -..:..._----- "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 ~ JJPh~ . A.D.ZOOS'I( ~ ~,f(,lt14~~L ~~':<-M1~) 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. ~I:I~~ ~~J,-/7/~ 2 I r ~ \'