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HomeMy WebLinkAbout09-04-08 (2) .J 15056041158 REV-1500 EX (06-05) PA Department of Revenue OFFICIAL USE ONLY Bureau of Individual Taxes County Code Year File Number Po Box 2aosol INHERITANCE TAX RETURN 2 ], 0 8 0 712 Harrisburg, PA 17128-0601 RESIDENT DECEDENT ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death Date of Birth 1,73-24-8663 06232008 0606],928 Decedent's Last Name SMITH Suffix Decedent's First Name MARY (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix SMITH Spouse's Social Security Number FILL IN APPROPRIATE BOXES BELOW 1. Original Return ^ 4. Limited Estate 6. Decedent Died Testate (Attach Copy of W iii) ^ 9. Litigation Proceeds Received Spouse's First Name FRaNCIs THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS ^ 2. Supplemental Return ^ 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) MI L MI B ^ 3. Remainder Return (date of death prior to 12-13-82) ^ 5 l E t t F d T R R i d . e era s a e ax eturn equ re ]~ 8. Total Number of Safe Deposit Boxes ^ 11. Election to tax under Sec. 9113(A) (Attach Sch. O) CORRESPONDENT - THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: Name Daytime Telephone Number JOHN D. SHERIDAN, ESQ• 717-540-9170 Firm Name (If Applicable) SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P-C• First line of address Second line of address 2080 LINGLESTOWN ROAD, SUITE 201_ City or Post Office State ZIP Code HARRISBURG PA ],7110 REGISTERQF W{LLS USE Y C~~ n ci ;~ t i"t C7 'r~ _ _ i,. ' . <1 _ ' :~ - -- =:c: : `~ ? _: _ ":7 TE~ILED CJ ~ .' i t'--_ ~ 7l C..`t -i~ w Correspondent's a-mail address: J S H E R I D A N a1 S S B C -LAW • C O M Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the b wledge and belief, it is true, correct and complete. Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge. 17 MEADO E MECHANICSBURG, PA 17055 SI TU F EPARER THER T, ,. REPRESE TIVE DATE .\ ~ ~ ) r~ ~ ~ 1 R 080 LINGLESTOWN RD-, SUITE 207 HARRISBURG, PA ],7170 PLEASE USE ORIGINAL FORM ONLY Side 1 15056041158 sMasa~s.ooo 15U56U41158 Estate of MARY L. SMITH Executors (Page 1) Name Nadine A. Craver Address 1781 N. Meadow Drive 173-24-8663 Mechanicsburg, PA 17055- Tax ID 204-46-3080 J 15056042159 REV-1500 EX Decedent's Social Security Number 1,73-24-8663 Decedent's Name:S M I T ~"~ _ __ ___ _ M A R Y L RECAPITULATION 1. Real estate (Schedule A) 1 2. Stocks and Bonds (Schedule B) . 2. 3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) . 3. D•o0 D•00 D.oO 4. Mortgages & Notes Receivable (Schedule D). 4. 0 • 0 0 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) . 5. 615 D • D D 6. Jointly Owned Property (Schedule F) ~ Separate Billing Requested 6. 213 9 3. 0 0 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (Schedule G) ~ Separate Billing Requested 7. 6 5 8 31, 4 • 0 0 8. Total Gross Assets (total Lines 1-7). 8. 6 8 5 8 5 7. 0 0 9. Funeral Expenses & Administrative Costs (Schedule H) . 9. ], 4 6 4 4 . 0 0 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I). 10. 5 7 2 0 • 0 0 11. Total Deductions (total Lines 9 & 10) . . 1 1. 2 D 3 6 4 • 0 0 12. Net Value of Estate (Line 8 minus Line 11) 12. 6 6 5 4 9 3 • 0 0 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been made (Schedule J) . 13. 0 • 0 0 14. Net Value Subject to Tax (Line 12 minus Line 13) 14. 6 6 5 4 9 3 • D D 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~L 10697 •00 15. 0 • 00 16. Amount of Line 14 taxable at linealratex.o45 654796 • 00 16. 29466 • DO 17. Amount of Line 14 taxable at sibling rate X .12 0. 0 0 17• 0, 0 0 18. Amount of Line 14 taxable at collateral rate X .15 0. 0 0 18• 0. 0 0 19. TAX DUE 19. 29466 • 00 20. FILL IN THE BOX IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT Side 2 1556042159 sMasaa2.ooo 15056042159 REV-1500 EX Page 3 r)ar_edent's Complete Address: File Number 2~ ^8 Q7L2 DECEDENTS NAME Sf1ITH MARY L STREET ADDRESS CUMBERLAND CITY MECHANICSBURG STATE ZIP - Tax Payments and Credits: 1. Tax Due (Page 2 Line 19) (1) 2. Credits/Payments A. Spousal Poverty Credit D • D D B. Prior Payments 2 7 9 9 3. 0 0 C. Discount 14 7 3 • 0 D 3. Interest/Penalty if applicable D. Interest E. Penalty 29466•DO Total Credits (A + g+ C) (z> 2 9 4 6 6 0 0 Total InteresUPenalty (D + E) (3) D D D 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 . D D 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DuE. (5) 0 • 0 0 A. Enter the interest on the tax due. (5A) 0 • 0 0 B. Enter the total of Line 5 + 5A This is the BALANCE DUE. (513) 0 • 0 0 Make Check Payable to: REGISTER OFWiLLS, AGENT PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Ye^s 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; . X c. retain a reversionary interest; or ^ 0 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 X without receiving adequate consideration? . " " ~ ^ or payable upon death bank account or security at his or her death? in trust for 3. Did decedent own an 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which ^ ^ contains a beneficiary designation? 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 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. §9116(a)(1.3)]. Asibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. 0.00 D•00 6M4671 1.000 Attachment to Form 1500 Estate of Mary L. Smith Calculation of Taxable Estate The only probate asset is Household Personal property of $6,150. Expenses in this Estate exceed the probate estate (20,365 - $6,150 = 14,215), leaving no residuary for payment of expenses. Since the beneficiaries, excluding the surviving spouse, have paid or have agreed to pay all costs and expenses from the Wachovia transfer on death account, the taxable amount received from the Wachovia account by the three children has been reduced by 14,215. REV-1506 EX+ (698) SCHEDULE E COMMONWEALTH OF PENNSYLVANIA CASH, BANK DEPOSITS, & MISC. INHERITANCE TAX RETURN RESIDENT DECEDENT PERSONAL PROPERTY ESTATE OF FILE NUMBER MARY L. SMITH 21 08 0712 Include the proceeds of litigation and the date the proceeds were received by the estate. 3Wa6aD 1.000 (If more space is needed, insert additional sheets of the same size) REV-1509 EX+ (6-98) COMMOMNFA LTH OF PENNSYLVANIA INHERrfANCETAX RETURN RESIDENT DECEDENT SCHEDULEF JOINTLY-OWNED PROPERTY ESTATE OF FILE NUMBER MARY L. SMITH 21 08 0712 If an asset was made joint within one year of the decedent's date of death, it must be reported on Schedule G. SURVIVING JOINTTENANT(S) NAME ADDRESS RELATIONSHIP TO DECEDENT A Craver, Nadine A 1781 N. Meadown Drive, Mechanicsburg, PA 17055 Daughter B Smith, Francis B c/o Nadine A. Craver, POA, 1781 N. Meadow Drive, Mechanicsburg, PA 17055 Surviving Spouse JOINTLY-0WNED PROPERTY: ~~ NUMBER LETTER FOR JOIN TENANT DATE MADE JOINT' DESCRIPTION OF PROPERTY INCLUDE NAME OF FINANCIALINSTITUTION AND BLANK ACCOUNT NUMBER OR SIMI O DYNHELDIREALESTATEATTACH DEED FOR DATE OF DEATH VALUE OF ASSET % OF DECD'S INTEREST DATE OF DEATH VALUE OF DC~EDENTS INTEREST 1 AB 6/5/2006 PNC Money Market #50-0499-4869 50,613 33.0000 16,871 2 AB 6/5/2006 PNC Checking #50-0064-3826 I3, 566 33.0000 4,522 TOTAL (Also enter on line 6. Recapitulation) I $ 21, 3 93 (If more space is needed, insert additional sheets of the same size) 3W46AE 1.000 REV-1510 EX + (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY ESTATE OF FILE NUMBER MARY L. SMITH 21 08 0712 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 SHEEP is yes. ITEM NUMBS DESCRIPTION OF PROPERTY WCLI.DETFEN~MEOFTFETRANSFEREE,THEIRRELATIONSFfIPTODECEDEMAPD TIEDATEOFTRAISFERATfAQiACAPYOFTFEDEEDFORREALESTATE. DATE OF DEATH VALUE OF ASSET %OFDECD~S INTEREST EXCLUSION IF APPLICABLE TAXABLE VALUE 1~ 1999 Lincoln Town Car (See Last Item on Appraisal) 7,250 100.0000 3,000 4,250 (Transfer within a year of date of death to Nadine Craver) 2 Wachovia Securities #7856-4856 Tranfer on Death to: Ellen Nebre, Daughter Nadine Craver, Daughter Janice LeClainche, Daughter 654,064 100.0000 0 654,064 (Account Opened 3/21/1997 in the name of Mary Lee Smith; Account Ownership Changed to TOD on June 11, 2008. Assets held in stocks and bonds) TOTAL (Also enter on line 7, Recapitulation) ~ $ 658.314 (ff more space is needed, insert additional sheets of the same size) 3W46AF 1.000 REV-1511 EX+(10-06) SCHEDULE H COMMONWEALTH OF PENNSYLVANIA FUNERAL EXPENSES & INHERITANCE TAX RETURN ADMINISTRATIVE COSTS RESIDENT DECEDENT ESTATE OF FILE NUMBER MARY L. SMITH 21 08 0712 Debts of decedent must be reported on Schedule I. ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: ~ Malpezzi Funeral Home 4,552 2 Gravemarker 2,500 B. 1 Total from continuation schedules ( 250 ADMINISTRATIVE COSTS: Personal Representative's Commissions Name of Personal Representative(s) Street Address City Year(s) Commission Paid: Zip 2. Attorney Fees 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address 4. 5. 6. 7. 1 2 City State Zip Relationship of Claimant to Decedent Probate Fees Accountant's Fees Tax Return Preparer's Fees Cumberland Law Journal (Estate Advertisement) The Sentinel (Estate Advertisement) Total from continuation schedules State 7,000 70 75 150 47 TOTAL (Also enter on line 9, Recapitulation) ~ $ 14 , 644 7W46AG 1.000 (If more space is needed, insert additional sheets of the same size) Estate of: MARY L. SMITH Schedule H Part 1 (Page 2) Item No. Description 3 Funeral Luncheon 21 08 0712 Amount 250 Total (Carry forward to main schedule) 250 Estate of: MARY L. SMITH Schedule H Part 7 (Page 2) 3 Nadine Craver (Executrix Mileage Costs) 21 OS 0712 47 Total (Carry forward to main schedule) 47 REV-1512 EX+ (12-03) SCHEDULEI COMMONWEALTH OF PENNSYLVANIA DEBTS OF DECEDENT, INHERITANCE TAX RETURN MORTGAGE LIABILITIES & LIENS RESIDENT DECEDENT r --_ ESTATE OF FILE NUMBER MARY L SMITH 21 08 0712 Report debts incurred by the decedent prior to death which remained unpaid as of the date of death, including unreimbursed medical expenses. 3was,aH 2.000 (If more space is needed, insert additional sheets of the same size) REV-1513 EX+(9-00) SCHEDULE J COMMONWEALTH OF PENNSYLVANIA BENEFICIARIES INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER MARY L. SMITH 21 08 0712 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 Ellen Frances Nebre 1138 147th Place, N.E. Bellevue, WA 98007 Wachovia Securities #7856-4856 Tranfer on Death to: Ellen Nebre, Daughter Nadine Craver, Daughter Janice LeClainche, Daughter Inventory Value: 218,026 Daughter 213,283 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 II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET ~ $ 0 (If more space is needed, insert additional sheets of the same size) 3 W 46AI 1.000 Estate of: MARY L. SMITH Schedule J Part 1 (Page 2) 21 08 0712 Item No. Description Relation Amount 2 Janice L. LeClainche 8601 S.E. Somerset Island Way Jupiter, FL 33458 Wachovia Securities #7856-4856 Tranfer on Death to: Ellen Nebre, Daughter Nadine Craver, Daughter Janice LeClainche, Daughter Inventory Value: 218,019 Daughter 213,283 3 Nadine A. Craver 1781 N. Meadown Drive Mechanicsburg, PA 17055 1999 Lincoln Town Car (See Last Item on Appraisal) Inventory Value: 4,250 PNC Checking #50-0064-3826 Inventory Value: 2,261 PNC Money Market #50-0499-4869 Inventory Value: 8,436 Wachovia Securities #7856-4856 Tranfer on Death to: Ellen Nebre, Daughter Nadine Craver, Daughter Janice LeClainche, Daughter Inventory Value: 218,019 Daughter 228,230 4 Francis B. Smith c/o Nadine A. Craver, POA 1781 N. Meadow Drive Mechanicsburg, PA 17055 PNC Checking #50-0064-3826 Inventory Value: 2,261 PNC Money Market #50-0499-4869 Inventory Value: 8,436 Surviving Spouse 10,697 July 30, 2008 LORI K. SERRATELLI STEVEN ~. SCHIFFMAN Pennsylvania Department of Revenue Hamsburg District Office MICHAEL F. BROWN Lobby, Strawberry Square RONALD L. CALHOON Harrisburg, PA 17128-0101 F. R. MARTSOLF Re: Estate of Mary L. Smith SPERO T. LAPPAS Estate File No. 21 08 0712 STEVEN O. SPAHR Dear Sir/Madame: IOHN D. SHERIDAN DEBORAH L. PACKER On behalf of the above captioned Estate, enclosed is the Safe Deposit Box Inventory. CARA A. BOYANOWSKI PAIGE MACDONALD-MATTHES Thank you for your attention. THOMAS A. WILKEN Very truly yours, MERRITT C. REITZEL SERRATELLI, SCHIFF , Scorn W. MORGAN B OwN & CAI.II ~ ' P.C. Of Counsel GARTH A. STEPHENSON _ / Of Counsel / ~ ~~_/' (MD & DC Bars Only) J ~ ill, C' a,-, on * (Admitted PA & NJ) JDS/dae ......................Enclosure SUITE 201 2080 LINGLESTOWN ROAD HARRISBURG, PA 17110-9670 (717)540-9170 FAx (717) 540-5481 cc: Nadine Craver Janice LeClainche Ellen Nebre ...................... ~~~~ , 48500041046 REV-485 EX (1-07) SAFE DEPOSIT BOX INVENTORY PA Department of Revenue PLEASE USE ORIGINAL FORM ONLY Social Security or Death Certificate Number Date of Death _ County Code Year File Number Decedent's Last Name Suffix First Name MI ADDRESS OF DECEDENT STREET: CITY: STATE: ZIP CODE: NAME AND ADDRESS OF PERSON REQUESTING THE OPENING OF THE SAFE DEPOSIT BOX NAME: ..LlJ/T/~ ~~ 5~7~~f'~ j~.~) L~~~~ ,' i STREETADDRES CI,~Y: ST TE: ZIP CODE: i y- U ~ ~ 1 i ~.~~:= ~E~S i~ u~~ .~1~~! L~ ~-/f~/c~c l.S~~fi~'G~ ~'~ / 7 i~ ~ NAME, ADDRESS AND RELATIONSHIP (IF ANY) TO DECEDENT, OF PERSON(S) PRESENT AT THE BOX OPENING ' a. NAME: ~T ~ /~~L 1~ ~ ~!L /7' I~C~~ W/7G/Uf/ /Gl~-/~ L~/~il ® ~~~ fY~-~/~ STR<E/E/T ADDRESS: CITY: STATE: ZIP CODE: a l 7~0 /U ~9 ~/~ ~~~ <~~ ~ fyl~c,'//~~N/CS~ i~~~ C~ f'~l e 7 c»" b. NAME: RELATIONSHIP: STREETADDRESS: c. NAME: CITY: STATE: ZIP CODE: RELATIONSHIP: STREETADDRESS: CITY: STATE: ZIP CODE: NAME AND ADDRESS OF FINANCIAL INSTITUTION WHERE THE SAFE DEPOSIT BOX IS LOCATED i NAME: ~ / ,/~ ~ /,/ STREET /{DDRESS: ~ ~~- CITY: _ STATE: ZIP CODE NA E OF ERSON MAKING LAST ENTRY DATE AND TIME OF LAST ENTRY DATE OF zONTRACT TO RENT BOX NUM~jBER~^O-F BOX 1 TITLE UNDER WHICH BOX IS REGISTERED ' 10 3 o J (O J v'k i'l L:[S ~ Sthr{'t' ~1"0. v' 1- C'C YM t `~~ NAME ND ADDRESS OF PERSON(S) HAVING ACCESS TO BOX a. NAM ~r~~us S. S~ a~k1~. b. NAME: ~11~d~n~ ~ ~~~ STREET ADDRESS: STREET ADDRESS: S I CITY: ST TE: ZIP CODE: CITY: STATE: ZIP CODE: r~,h~.r ICSI~~.v ~o~ ~}DSZ- ~1~1~e[..lna.t. tcS ~ (~°ti 1 ~o SS ' NAME AND.TITL~j OF EMPLOYEE TAKING THE,,~!~IVENTORY ii ~Ghnt:l ~4r ~~ t" i v1e11'lG ~i l Sa l~ ~ i,. 5' ~:. l ~-astir' WAS A WILL IN THE BOX7 ^ YES NO If yes, a. Date of will: b. Name and address of personal representative, if named in the will I ~ NAME: I STREET ADDRESS: CITY: STATE: ZIP CODE: i c. Name and address of attorney, if any i NAME: i ' STREETADDRESS: CITY: STATE: ZIP CODE: t L_ :._ _ ..._-_.__..__ _ .... _ _.__ ---. _. ... .._ __.. __~_...._ _ ___ _ __. _ .._.-- - _... ._...:. _. --_._ ___ 48500041,046 .48500047,046 r?C\/ERR FX ~~i~~ ~~®~~ V~ ~IV ~/ ~~ d ®~ Page of INSTRIlCTION~ (1) Cash: Report total only. (2) Stocks: List in detail every common or preferred certificate, warrant or other rights found in box. Stocks are to be designated by name of company, certificate number, date of certificate, name in which stock is registered, and number of shares and class of stock. (3) Obligations of U.S. Government: Number of items, date of issue, face value, names in which registered and type of ownership, i.e., jointly held, payable on death, etc. (4) Bonds: Designate by name, amount, serial number, or other designation. (Bearer Bonds) (5) Bank and Savings and Loan Passbooks: State name of depositor, number of book, last date appearing in book, name of bank and branch, and balance. (8) Jewelry, Coins, Stamps, Manuscripts, etc: List and describe as fully as possible. (7) Deeds, Mortgages, Current Insurance Policies or other evidences of indebtedness: List and describe as fully as possible. (8) All other contents. (9) Return completed form to: DEPARTMENT OF REVENUE INHERITANCE TAX DIVISION PO BOX 280601 HARRISBURG, PA 17128-0601 ITEM NO. ITEM DESCRIPTION 1 CERTIFY UNDER PENALTY OF PERJURY THAT TkfE ABOVE RECORD IS CORRECT AND COMP ETE TO THE BEST OF KNOWLEDGE AND BELIEF. PERSON RECEIVING COPY OF SAFE DEPOSIT BOX INVENTORY: SIGNA ~ stir SIGNATURE PRI ME _ aLi ~ . ~l ~~ /~•~ ----- PRINT NAME AND CHECK APPROPRIATE BOX BELOW: Pl21 TITLE r / ~~!~ ~~~ ~ ` ~ f~ j ,~~~(~ ~ I DATE / 3 _ -" ~ ~t~ CHECK APPROPRIATE BOX: ^ Executor(triz) ^ Administralor(trix) ^ Estate Representative ^ Joint owner of safe deposit box E:-Attazh~dditi~nai-8'lz-x~t'I"sheet{sj-if~eeess-ary-of-t~se-duplicates-of~#~ is-page-of-#ar-rfir- - ~OT The Department is authorized by law, 42 U.S.C. §405 (c)(2)(C)(i), to require disclosure of Social Security numbers in connection with administering state tax laws. The Department uses the Social Security number to identify the decedent and personal representatives of the estate. The Commonwealth may also use the information in exchange of tax information agreements with Federal and local taxing authorities. The state law prohibits the Commonwealth's personnel from disclosing confidential tax information except for official purposes. Item # Item Description 1 Deed dated 11/20/1995 -Phillip C. Mistretta, III and Nadine A. Mistretta, husband and wife to Nadine Mistretta (2443 Canterbury Drive) 1 a Satisfaction/release ofMortgage to above property lb Note with regard to above property 2 Appraisal of Man's 2 tone gold 18k Rolex watch serial #871248 - $1,900 3 Deed dated 9/8/2006 -Francis B. Smith & Mary Lee Smith to Nadine A. Craver -Parcel #42-28-2419-102, Property: 1781 N. Meadow Drive, Mechanicsburg, PA 4 Pre-Nuptial Agreement re: Nadine A. Mistretta - 1998 5 1991 Lincoln Title -Nadine Craver -Dated February 2008 6 Divorce Decree for Nadine & Phillip Mistretta (12/29/1995) 7 Nadine Craver Passport 8 1991 Lincoln Registration (Nadine Craver) valid 2-28-08 to 8-31-08 9 1997 Mercury Title -Nadine Craver 10 Nadine Smith Insurance Policy 11 Series EE Savings Bonds in the name of Phillip Mistretta, IV or Nadine Mistretta dated 1988 to 1999 12 One $50.00 Series EE Savings Bond in the name of Francis Smith ROBERT ENSMINGER APPRAISERS ?s~; il,v,~r::n ;~~r~~t;; ihreecomns a:comcast.net or Robert(iu,En smin ~ers.net ~y~•~a~. Ensmingers.net July 23, 2008 Nadine Craver 1781 N. Meadow Dr. Mechanicsburg, PA 170554 RE: Estate of IV?ary gee Sn ~itl Dear Ms. Craver: In accordance with your request, i have appraised the listed personal property of Mary Lee Smith, Deceased. The assets is located at 1781 Meadow Dr., Mechanicsburg, PA 17055. I have made a physical inspection of the items listed in the attached report on July 16, 2008. The values shown have been arrived at after a careful study of the property. I believe it to reflect a true measure of its estimated value as of July 16, 2008. The intended users of this report are the executors of the estate, estate attorneys and the PA Department of Revenue. The intended use of this report is far estate tax purposes. Estimated value is defined as the appraiser's professional opinion of the estimated gross amount, expressed in terms of cash, which the listed assets would typically realize if exposed for public sale at a properly advertised and professionally managed orderly liquidation at a listed or negotiated price usually within a short period of time of the effective date of this report. Further consideration is given to the ability of the assets to draw sufficient prospective buyers to insure competitive offers are considered. All items are valued on a per item basis, in "as is" condition. with purchasers responsible for removal of assets at their own risks and expenses. Any deletions or additions to the total package could change the psychological and/or monetary appeal necessary to gain the price indicated. Taking into account all of the factors set forth in the pages that follow, it is the opinion of the undersigned that the estimated value of the listed personal property is Thirteen Thousand Four Hundred Dollars ($13,400.00.) Employment in and compensation for making this appraisal are in no manner contingent upon the value reported and I certify that I have no financial interest in the property appraised, present or contemplated. Very truly yours, Robert A. Ensminger, GPPA cc: John D. Sheridan, Esquire Serratelli= S~,~hiffrnan; Sro~~~r~ ~ t~ viii 3=.~on '2~~~3r !tt ;r?glesto~;F~n Re~^ne § ~ s''i s €.G'S i~ t.ir ~, ~''.~. i F ~ ! ll' Scope of Work The following comments ex and the Scope of Work to include any additional research or analysis necessary, based on the complexity of this specific appraisal assignment. The scope of work explanations discussed here and within the body of the report further define, clarify and document what the appraiser did [or did not do] in order to develop the appraisal and report the value opinion, based on the complexity of this appraisal assignment and/or as a result of a supplementary Agreement or Engagement Letter * as accepted by the appraiser, Robert A. Ensminger and his client. * If no wriifen specific and or supplemental Scope of Work was agreed upon with fhe client (prior to accepting the assignment, by formal engagement letter and included in this report) fhe Scope of Work outlined here and within the report, is considered to be representative of what typical users of appraisal services would require and in general, what appraisers would provide as reasonable, acceptable and sufficient for the stated intended user's needs. COMPLETE VISUAL INSPECTION: It should be noted that the Appraiser conducted a visual inspection of only the readily accessible areas of the asset, viewing only those components of the asset which were clearly visible. No tests we made of any mechanical, electrical or electronic systems as such tests are not within the Scope of Work. Comments on the condition of the asset are based on a casual observation only and which may have been limited by the placement of asset so as to preclude observation of the items blocked by same. Although the report may cite a general rating of the adequacy and or condition (based on observation only) it should be clearly understood that these statements are a general guide for comparison purposes (as part of the valuation process) and are not a detailed report on the physical and or operational condition of these items. The appraiser is not an expert in these matters and any opinion stated is advisory based only upon observation. While others may choose to rely on the report, they should not rely on it to disclose condition and stated defects. Such knowledge goes beyond the scope of this appraisal and as such, comments on observed conditions given in this report should not be taken as a guarantee that a problem does not exist. REPAIRS/DETERIORATION: An effort was made to report those repair items that, in the appraiser's opinion, will affect safety, adequacy, and marketability of the property. The Market Data or Sales Comparison Approach to value compares recent sales of similar assets to the subject asset being appraised. Adjustments may be made to the comparable sale for such items as condition, age, provenance, obsolescence and time of sale to arrive at an indication of the most probable selling price of the asset. The Market Data Approach is based on the premise that the asset is easily substituted in the market place for a similar asset of similar quality and price. The market is an established means of buying and selling assets through established channels including auctions, second hand dealers, public and private sales. Auctions are the preferred method of marketing when a liquidation value is being sought. Auctions are usually properly advertised and professionally managed and assets can be liquidated in a relatively short period of time. The orderly liquidation value as reported herein is not consistent with the definition of "insurable value" and should not be relied upon for insurance purposes. The Cost Approach measures value by determining the current cost of an asset and adding for appreciation or deducting for depreciation. Several types of depreciation can be associated with an asset including, but not limited to physical deterioration, functional, economic and technological obsolescence. Since depreciation is very subjective and sometimes difficult to prove, use of the cost approach and reliability on the same as a value indicator could be misleading. In most cases the Cost Approach is not deemed necessary to the development of a reliable value opinion, therefore the Cost Approach has been excluded and was not used in this report. Scope of Work (Concluded) The INCOME APPROACH is typically developed when the value is related to the economic return that an asset can produce. It is usually not applied to individual assets due to the difficult task of identifying individual income streams. The Income Approach is typically used with assets that produce rental income, especially large, movable construction equipment, and commercial transportation vehicles. The appraiser has determined the Income Approach was not appropriate and meaningful to the analysis and value opinion. For this reason, the Income Approach was not employed as a valuation tool. EXTENT OF DATA RESEARCH: Sales and listings of assets comparable to the assets being appraised have been researched, verified, analyzed, and reported. Sales data of assets geographically, physically, functionally and economically similar to the subject assets and that are sufficiently recent to reflect current buyer and seller actions were researched and considered. If necessary and applicable, the appraiser also researched data on comparable income and expense information and replacement costs. Depending upon the availability and reliability of various data sources, the appraiser used any combination of reasonably available information from owner's comments; buyer's descriptions; manufacturer's and dealer's web sites; brochures; Internet auction sites such as eBay or Auction Arms; informational web sites such as Kelley Blue Book, NADA, Edmunds, Machinery Trader, Art Facts, Prices for Antiques and the like; posted auction prices of other auctioneers; the appraiser's own experiences selling similar type assets at public auction and the appraiser's personal library. When and where possible, the applicable information was verified with sources deemed to be reliable and from a disinterested party or corroborated with a 3~d party source. In some cases, the motivations of the parties and otherfactors (terms, arms-length transactions, etc.) may not have been available and the data was used at "face value as factually accurate." DISCLOSURE/DISTRIBUTION: Regardless of who paid for this appraisal report, the intended user is only the client stated within the report. The appraisal and report may be inappropriate for use by parties other than the intended user and could place them at risk. Despite the means of possession of the report, this appraisal should not be used or relied on by anyone other than the stated intended users and for the stated/intended purpose. The Intended User of this appraisal report is the Client. The Intended Use is to evaluate the assets that are the subject of this appraisal for reasons stated elsewhere in this report, subject to the stated Scope of Work, purpose of the appraisal, the developmental and reporting requirements of the Uniform Standards of Professional Appraisal Practice (USPAP,), and the Definition of Value. The nature of the assignment may infer Additional Users of this report. Examples would where this appraisal is to be used for (a.) legal purposes whereby the client's attorney and authorized court personnel become users of this report on behalf of the client; and (b.}estate purposes whereby the client's attorney and authorized taxing authorities become users of this report. This report is copyrighted by Robert A. Ensminger, ©2008, and may be registered in the U.S. Copyright Office. Any reproduction, electronic or otherwise, of analyses, drawings, photographs, contents, representations or opinions of value made in this report for purposes other than those stated in this report, is not permitted. THE VALUE OPINION: The value opinion stated in the report is based on my analysis as of the effective date shown in the report. The value opinion considers the productivity, economic and physical conditions of the assets only as of the effective date of this appraisal. As market conditions are constantly changing, this value opinion may not be valid in anothertime period. Statement of Assumptions and Limiting Conditions 1. In preparation of this appraisal report, no investigation was made as to the actual ownership of personal property herein appraised. Unless otherwise stated, the personal property has been valued in fee simple, unencumbered by liens and fractional interests. 2. All opinions as to values stated are those of the appraiser and are based upon the facts and data made available to me. The appraiser assumes no liability or responsibility far changes in the market place or in technology, which may in some way, alter or change the stated values. 3. No responsibility is assumed for information furnished by others and the appraiser assumes no responsibility for matters of a legal nature. 4. This appraisal was made for the purpose stated and is not to be used for any other purpose. 5. Possession of this appraisal report, or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the party to whom it is addressed and the stated users without the express written consent of the appraiser. 6. The appraiser, by reason of this appraisal, shall not be required to give testimony as an expert witness in any legal hearing or before any court of law unless advance arrangements have been made with the appraiser at an additional fee. 7. Leasehold improvements have not been taken into consideration unless specifically noted in the appraisal report. 8. The appraiser has used his best professional judgment to accurately value the subject according to the specified definitions, and the values reported in the appraisal documents represent the opinion of the appraiser as of the effective date of the appraisal. Such values are subject to significant alteration and will be affected by time, changes in condition, obsolescence, changes in the market place or in the economy and many other factors beyond the control of the appraiser. Reliance upon stated values for any purpose, beyond the effective date of this appraisal is inadvisable. 9. Authenticity of paintings and art work and provenance of antiques and decorative arts is assumed, but not guaranteed. Paintings and art work under glass were not examined out of frames and are assumed to be as identified and in good condition unless otherwise stated. Statement of Assumptions & Limiting Conditions (Concluded) 10. Services containing multiple pieces may or may not have been completely examined, and are assumed to be complete and in good condition, unless otherwise stated. An individual piece is assumed to be representative as to condition. If values are given per set or per lot, the value is for the set or the lot, and no opinion is given as to an individual value, or to proportionate values. 11. Porcelains, pottery, ceramics, and other fragile items have not been examined to museum standards or methods, for repairs or hidden damage, and are therefore subject to further examination. 12. Colored stones and diamonds may be enhanced by using one or mare techniques including, but not limited to, clarity enhancement, resins, and heat treatment. In many cases, it is impossible to tell whether a natural stone has been enhanced without a detailed report from a qualified laboratory. The value determination in this report assumes that no major enhancement has taken place unless so stated. 13. Ivory, jade, bronze, gold, sterling silver, and similar materials have not been tested by laboratory standards, or methods for purity and authenticity, and are subject to further examination. 14. Machinery, equipment and vehicles were not operated and are assumed to be in working condition unless noted. 15. Electronics and computers were not tested and are assumed to be in working order unless noted. 16. Firearms were not examined internally and were not fired. Various component parts were not checked for matching serial numbers. All firearms are assumed to be in working order unless noted. 17. Measurements and weights are approximate. Wood identity is not guaranteed without further research. 18. It should be noted, that any additions or deletions to the total assets could change the psychological and or monetary appeal necessary to obtain the values indicated within this report. Certifications I certify that, to the best of my knowledge and belief: • The statements of fact contained in this report are true and correct. • the reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. • I have no present or prospective interest in the property that is the subject of this report and no persona[ interest with respect to the parties involved. • I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. • My engagement in this assignment was nat contingent upon developing or reporting predetermined results. • My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. • My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. • I have made a personal inspection of the property that is the subject of this report. • No one has provided significant personal property appraisal assistance to the person signing this certification. ~~~ Robert A. Ensminger, GPPA July 23, 2008 Estate of Mary Lee Smith Item Description Value Fichus tree $ 35.00 Sofa $ 250.00 End tables $ 100.00 Mahogany stand $ 40.00 2 1,Ning chairs $ 150.00 Oval table $ 40.00 Marble lion $ 140.00 Mahogany desk $ 450.00 Desk chair $ 75.00 4 Lladro figurines $ 200.00 Oval table $ 100.00 Waltham pocket watch $ 150.00 Goebel figurines $ 100.00 Art Deco floor lamp $ 65.00 Oil painting $ 75.00 Lamps $ 50.00 Misc in Living Room $ 100.00 Cut glass - 30 pieces $ 1,200.00 Small framed pictures $ 100.00 Misc. in Kitchen $ 100.00 Iiitchcock chair $ 60.00 Small oriental rug $ 50.00 Amana side-by-side refrigerator $ 275.00 Sony flat screen TV $ 40.00 VCR $ 10.00 End tables $ 40.00 Oak chest $ 300.00 Stereo $ 10.00 Limited edition print $ 35.00 Hummel Figurine -Merry Wanderer -crown mark $ 250.00 5 Hummel figurines $ 250.00 Clack -not working $ 400.00 Bedroom suite - 2 single beds, vanity & bench, 2 night stands, c pest of drawers, dersser & mirror $ 650.00 Sony flat screen TV $ 25.00 Misc. in Bedroom $ 50.00 Double Bed $ 50.00 Patio table & 6 chairs $ 100.00 Craftsman 4 HP edger $ 75.00 1999 Lincoln Town Car, Signature series, 43,000 miles $ 7,250.00 Page 1 of 1 LAST WILL AND TESTAMENT KNOW ALL MEN BY THESE PRESENTS, that I, MARYLEE SMITH currently residing in Mechanicsburg, Cumberland County, Commonwealth of Pennsylvania, being in good health and of sound and disposing memory do hereby make, declare and publish this as my Last Will and Testament, hereby revoking all former Wills and Codicils heretofore made by me. FIRST: I direct that all of my debts not barred.by the statute of limitations, expenses of my last illness, funeral expenses, costs of administration acid claims allowed in the administration of my estate shall be paid by my Executor hereinafter named, from my estate as soon after my decease as shall be found convenient. SECOND: I bequeath my automobiles, household and personal effects and other tangible personalty of like nature (not including cash or securities), together with any existing insurance thereon, to such of my daughters, ELLEN F: SMITH NEBRE, JANICE L. Le CLAINCHE and NADINE ANN GRAVER, as are living on the thirty-fusf day after my death, to be divided among them by my Executor with due regard for their personal preferences in as nearly equal shares as possible. THIRD: No provision is made in this Will for my husband, FRANCIS B. SMITH, not because of any lack of affection for him. FOURTH: RESIDUE Section 1. Creation of Separate Shares I devise and bequeath the residue of my estate of every nature and wherever situate, to the Trustees hereinafter named, to be divided into a separate trust share for each of my following named beneficiaries as follows: Beneficiary Relationship Share ELLEN F. SMITH NEBRE Daughter 1/3 JANICE L. LeCLAINCHE Daughter 1/3 NADINE ANN GRAVER Daughter 1/3 i c .~[/ 1 My Trustee shall create a trust share for each beneficiary named above ("Beneficiary"), whether living or deceased. The trust share for each living Beneficiary shall be distributed as provided in Section 2 of this Article: The trust share for each deceased Beneficiary shall be distributed to her descendants as provided in Section 3 of this Article. Section 2. Distribution of Trust Shares for My Beneficiaries a. Distribution of Trust Share for ELLEN F. SMITH NEBRE The trust share for ELLEN F. SMITH NEBRE shall be held in trust and administered and distributed as follows: (1.) Distribution of Net Income My Trustee, in its sole and absolute discretion; shall apply to, or for the benefit of, ELLEN F. SMITH NEBRE as much of the net income from her trust share as my Trustee deems advisable for her health, education and maintenance. Any net income not distributed shall be added to principal and held under the provisions that follow. (2.) Distribution of Principal My Trustee, in its sole and absolute discretion, shall apply to, or for the benefit of, ELLEN F. SMITH NEBRE as much of the principal of her trust share as my Trustee deems advisable for her health, education and maintenance. (3.) Guidelines for Discretionary Distributions With regard to my Trustee's discretionary authority over the distribution of income or principal to ELLEN F. SMITH NEBRE it is my desire that my Trustee be liberal in exercising such discretion. I also desire that my Trustee give assistance to ELLEN F, SMITH NEBRE for: The purchase of a residence. ,~ ~ti 2 The purchase, establishment or continuance of a business or professional practice. Any other extraordinary opportunity or expense deemed by my Trustee to be in her best interest. In making discretionary distributions to ELLEN F. SMITH NEBRE, my Trustee shall be mindful of, and take into consideration to the extent it deems necessary, any additional sources of income and principal available to her, which arise outside of this agreement and are known to my Trustee. It is my express desire that my Trustee take into consideration the future probable needs of ELLEN F. SMITH NEBRE prior to making any discretionary distributions hereunder. I would ask that my Trustee, before making distributions to ELLEN F. SMITH NEBRE, remind her of the long-term income tax deferral advantage of retaining funds inside any retirement plan. Further, I would also ask that my Trustee, before making distributions to ELLEN F. SMITH NEBRE, remind her of any long-term advantages of retaining assets in her trust shaze. When exercising discretionary authority, my Trustee shall act in accordance with any written, signed and dated Letter of Instruction to my Trustee left by me leaving instructions for the care of my beneficiaries. Any Letter of Instruction to my Trustee shall be incorporated by reference into this agreement. If my state law does not allow the incorporation by reference of a letter of instruction to be a binding inclusion to this agreement, I request that my Trustee be morally bound to act in accordance with any provisions I might leave in a Letter of Instruction to my Trustee. Should I leave multiple letters of instruction which conflict as to the instructions, the letter which is last dated shall control as to those provisions which are in conflict. (4.) Distribution on the Death of ELLEN F. SMITH NEBRE If ELLEN F. SMITH NEBRE should die before the complete distribution of her trust share, the trust shall terminate and all of the trust property shall be divided into separate shares far my daughters, JANICE L. LeCLAINCHE and NADINE ANN GRAVER, and such shares shall be added to the trusts created for my daughters under this Article FOURTH. 3 b. Distribution of Trust Share for JANICE L. LeCLAINCHE The trust share for JANICE L. LeCLAINCHE shall be held in trust and administered and distributed as follows: (1.) Distribution of Net Income My Trustee, in its sole and absolute discretion, shall apply to, or for the benefit of, JANICE L. LeCLAINCHE as much of the net income from her trust share as my Trustee deems advisable for her health, education and } maintenance. Any net income not distributed shall be added to principal and held under the provisions that follow. (2.) Distribution of Principal My Trustee, in its sole and absolute discretion, shall apply to, or for the benefit of, JANICE L. LeCLAINCHE as much of the principal of her trust share as my Trustee deems advisable for her health, education and maintenance. (3.) Guidelines for Discretionary Distributions With regard to my Trustee's discretionary authority over the distribution of income or principal to JANICE L. LeCLAINCHE it is my desire that my Trustee be liberal in exercising such discretion. I also desire that my Trustee give assistance to JANICE L. LeCLAINCHE for: The purchase of a residence. The purchase, establishment or continuance of a business or professional practice. Any other extraordinary opportunity or expense deemed by my Trustee to be in her best interest. In making discretionary distributions to JANICE L. LeCLAINCHE, my Trustee shall be mindful of, and take into consideration to the extent it deems necessary, any additional sources of income and principal available to her, which arise outside of this agreement and are known to my Trustee. It is my express desire that my Trustee take into consideration the future probable needs of JANICE L. LeCLAINCHE prior to making any discretionary distributions hereunder. 4 I would ask that my Trustee, before making distributions to JANICE L. LeCLAINCHE, remind her of the Long-term income tax deferral advantage of retaining funds inside any retirement plan. Further, I would also ask that my Trustee, before making distributions to JANICE L. LeCLAINCHE, remind her of any long-term advantages of retaining assets in her trust share. When exercising discretionary authority, my Trustee shall act in accordance with any written, signed and dated Letter of Instruction to my Trustee left by me leaving instructions for the care of my beneficiaries. Any Letter of Instruction to my Trustee shall be incorporated by reference into this agreement. If my state law does not allow the incorporation by reference of a lettez of instruction to be a binding inclusion to this agreement, I request that my Trustee be morally bound to act in accordance with any provisions I might leave in a Letter of Instruction to my Trustee. Should I leave multiple letters of instruction which conflict as to the instructions, the letter which is last dated shall control as to those provisions which are in conflict. (4.) Distribution on the Death of JANICE L. LeCLAINCHE If JANICE L. LeCLAINCHE should die before the complete distribution of her trust share, the trust shall terminate and all of the trust property shall be distributed to her descendants as provided in Section 3 of this Article FOURTH. If JANICE L. LeCLAINCHE has no then living descendants, my Trustee shall divide the remaining trust properly into separate shares for my daughters, ELLEN F. SMITH NEBRE and NADINE ANN GRAVER, and such shares shall be added to the trusts created for my daughters under this Article FOURTH. c. Distribution of Trust Share for NADINE ANN GRAVER The trust share for NADINE ANN GRAVER shall be held in trust and administered and distributed as follows: (1.) Distribution of Net Income My Trustee, in its sole and absolute discretion, shall apply to, or for the benefit of, NADINE ANN GRAVER as much of the net income from her trust share as my Trustee deems advisable for her health, education and maintenance. - 5 Any net income not distributed shall be added to principal and held under the provisions that follow. (2.) Distribution of Principal My Trustee, in its sole and absolute discretion, shall apply to, or for the benefit of, NADINE ANN GRAVER as much of the principal of her trust share as my Trustee deems advisable for her.health, education and maintenance. (3.) Guidelines for Discretionary Distributions With regard to my Trustee's discretionary authority over the distribution of income or principal to NADINE ANN GRAVER it is my desire that my Trustee be liberal in exercising such discretion. I also desire that my Trustee give assistance to NADINE ANN GRAVER for: The purchase of a residence. The purchase, establishment or continuance of a business or professional practice. Any other extraordinary opportunity or expense deemed by my Trustee to be in her best interest. In making discretionary distributions to NADINE ANN GRAVER, my Trustee shall be mindful of, and take into consideration to the extent it deems necessary, any additional sources of income and principal available to her, which arise outside of this agreement and are known to my Trustee. It is my express desire that my Trustee take into consideration the future probable needs of NADINE ANN GRAVER prior to making any discretionary distributions hereunder. I would ask that my Trustee, before making distributions to NADINE ANN GRAVER, remind her of the long-term income tax deferral advantage of retaining funds inside any retirement plan. Further, I would also ask that my Trustee, before making distributions to NADINE ANN GRAVER, remind her of any long-term advantages of retaining assets in her trust share. c~Gl/ .. .1~~ J 6 _ i~ When exercising discretionary authority, my Trustee shall act in accordance with any written, signed and dated Letter of Instruction to my Trustee left by me leaving instructions for the care of my beneficiaries. Any Letter of Instruction to my Trustee shall be incorporated by reference into this agreement. If my state law does not allow the incorporation by reference of a letter of instruction to be a binding inclusion to this agreement, I request that my Trustee be morally bound to act in accordance with any provisions I might leave in a Letter of Instruction to my Trustee. Should I leave multiple letters of instruction which conflict as to the instructions, the letter which is last dated shall control as to those provisions which are in conflict. (4.} Distribution on the Death of NADINE ANN GRAVER If NADINE ANN GRAVER should die before the complete distribution of her trust share, the trust shall terminate and all of the trust property shall be distributed to her descendants as provided in Section 3 of this Article FOURTH. If NADINE ANN GRAVER has no then living descendants, my Trustee shall divide the remaining trust property into separate shares for my daughters, ELLEN F. SMITH NEBRE and TANICE L. LeCLAINCHE, and such shares shall be added to the trusts created for my daughters under this Article FOURTH. Section 3. Share of a Descendant of a Deceased Beneficiary Each share set aside for a deceased beneficiary, if any, who has then living descendants shall be divided, administered and distributed as follows: a. Division into Separate Shares The share set aside for a deceased beneficiary shall be divided into as many shares as shall be necessary to create one equal share for each of the deceased beneficiary's descendants, per stirpes. b: Distribution of Descendants' Share . If any descendant of my deceased beneficiary is over 25 years of age and is not legally disabled or incapacitated, my Trustee shall administer that descendant's share according to the terms of Section 4 below. ;-C.~ 7 ,~ Retention of a Minor's or Disabled Descendant's Share in Trust If any descendant of a deceased beneficiary is under 25 years of age, or if any descendant of a deceased beneficiary is legally disabled or incapacitated; then my Trustee shall retain such share intrust under the provisions of this Article. If the disability or incapacity ceases, and if the descendant of a deceased beneficiary is over 25 years of age, then my Trustee shall administer that descendant's share according to the terms of Section 4 below. Section 4. Retention of Distributions in Trust The trust share of any person not specifically named in Section 2, shall be administered as a separate trust for that person under the terms and conditions of this Section. Also, whenever a total or partial distribution of trust principal is authorized or required to be made outright and free of trust by a provision of this Article (or any subsequent Article of my trust) to any beneficiary, my Trustee shall have the power, in its sole and absolute discretion, to retain such distribution in trust, to be held and administered as follows: a. Distribution of Net Income My Trustee, in its sole and absolute discretion, shall apply to, or for the benefit of the beneficiary as much of the net income from lus or her trust share as my Trustee deems advisable for the beneficiary's health, education and maintenance. Any net income not distributed shall be added to the principal of the beneficiary's trust share. b. Distribution of Principal My Trustee, in its sole and absolute discretion, shall apply to, or for the benefit of the beneficiary as much of the principal of the beneficiary trust share as my Trustee deems advisable for the beneficiary's health, education and maintenance. c. A Beneficiary's General Testamentary Power of Appointment The beneficiary shall have the unlimited and unrestricted general testamentary power to appoint the entire principal and any accrued and undistributed net income of the trust share as it exists at the beneficiary's death. The beneficiary shall exercise this general power of appointment by a valid last will and testament, a valid living trust agreement, or any other notarized written instrument signed by the beneficiary. In exercising this general power of appointment, the beneficiary shall specifically refer to this power. _ ~P~ 8 j The beneficiary shall have the sole and exclusive right to exercise the general power of appointment. This general power of appointment specifically grants to the beneficiary the right to appoint property to his or her own estate. It also specifically grants to the beneficiary, the right to appoint the property among persons, corporations or other entities in equal or unequal proportions, and on such terms and conditions, whether outright or in trust, as he or she may elect. Any property in the trust share which is not distributed pursuant to the exercise of the general power of appointment shall be distributed to the beneficiary's then living descendants, per stirpes. If the beneficiary has no then living descendants, my Trustee shall distribute the balance of the trust property to my then living descendants, per stirpes. FIFTH: _ TRUSTEES Section 1. The~Resignation of a Trustee Any Trustee may resign by giving thirty days' written notice to my legal representative. The notice shall be delivered to the Trustee, if any, anal to all of the beneficiaries then eligible to receive mandatory or discretionary distributions of net income from any trust created under this agreement: If a beneficiary is a minor or is legally incapacitated, the notice shall be delivered to that beneficiary's guardian or other legal representative. Section 2. The Removal of a.Trustee Any Trustee may be removed as follows: a. Removal by My Other Beneficiaries After my death a majority ofthe beneficiaries then eligible to receive mandatory or discretionary distributions of net income under any Trust created by my Will may remove any Trustee. b. Notice of Removal None of my beneficiaries need give any Trustee being removed any reason, cause or ground for such removal. Notice of removal shall be effective when made in writing by either: ~~ ~ 9 ~~ Personally delivering notice to the Trustee and securing a written receipt, or Mailing notice in the United States mail to the last known address of the Trustee by certified mail, return receipt requested. Section 3. Replacement of Trustees a. Separate Trusts for My Beneficiaries The Trustees for the Trust shares created under Article FOURTH of my Will shall be as follows: The Trustees for the trust share for ELLEN F. SMITH NEBRE under Article Fourth,'Section 2.a shall be ELLEN F. SMITH NEBREE and NADINE ANN GRAVER as Co-Trustees. If either Trustee is unwilling or unable to serve as Co- Trustee, or if she cannot continue to serve for any other reason, then JANICE L. LeCLAINCHE shall. be named as successor Co-Trustee. The Trustees for the Trust Share for JANICE L. LeCL;AINCHE under Article FOURTH, Section 2.b shall be JANICE L. LeCLAINCHE and ELLEN F. SMITH NEBRE as Co-Trustees. If either Trustee is unwilling or unable to serve as Co-Trustee, if she cannot continue to serve for any other reason, then NADINE ANN GRAVER shall be named as successor Co-Trustee. The Trustees for the Trust Share for NADINE ANN GRAVER under Article FOURTH, Section 2.c shall be NADINE ANN GRAVER and ELLEN F. SMITH NEBRE as Co-Trustees. If either Trustee is unwilling or unable to serve as Co- Trustee, if she cannot continue to serve for any other reason, then JANICE L. LeCLAINCHE shall be named as successor Co-Trustee b. Unfilled Trusteeship In the event no named Trustees are available, a majority of the beneficiaries then eligible to receive distributions of net income under this agreement shall forthwith name a Certified Public Accountant (hereafter "CPA"), or Attorney, unrelated by blood or marriage to any beneficiary under this agreement, or a corporate fiduciary, as successor Trustee. Any CPA or Attorney named as trustee under this Section must maintain errors and omissions liability insurance covering service as trustee. If a majority of the beneficiaries then eligible to receive distributions of net income under this agreement cannot agree on a CPA, or Attorney, or corporate fiduciary, any beneficiary can petition a court of competent jurisdiction, ex parte, to designate a CPA, Attorney, or corporate fiduciary as successor Trustee. c-C,~i I 0 The court that designates the successor Trustee shall not acquire any jurisdiction over any trust created under this agreement, except to the extent necessary to name a CPA, Attorney or a corporate fiduciary as successor Trustee. c. Requirement to Secure Financial Assistance Prior to funding the separate trust shares for each of my beneficiaries, or prior to the time a beneficiary serves in any capacity as a trustee of their separate trust share, my Trustees shall require each beneficiary to provide my Trustees with evidence that they have secured the services of a financial advisor. Each beneficiary shall present to my Trustees a written fmancial plan that sets forth how a reasonable portion of the principal of that beneficiary's separate trust share will be invested for that beneficiary's long range needs or the long range needs of their descendants. My Trustees shall have sole and absolute discretion to decide whether to accept the qualifications of the fmancial advisor selected by the beneficiary as well as whether to accept the financial plan itself. 1VIy Trustees shall pay any costs associated with complying with this provision and such costs will be charged against the beneficiary's separate trust share. Section 4. The Minimum Number of Trustees There will be no requirement for a minimum number of Trustees. Section 5. Corporate Fiduciaries Any corporate fiduciary named in this trust agreement or appointed by a court of competent jurisdiction as a Trustee must be a bank or trust company situated in the United States having trust powers under applicable federal or state law. Such fiduciary shall have either a combined capital and surplus of at least 2 million dollars or assets under management of at least 2 million dollars. Section 6. Powers and Liabilities of Successor Trustee Except as otherwise provided in this agreement, any successor Trustee, whether corporate or individual, shall have all of the rights, powers, and privileges, and be subject to all of the obligations and duties, both discretionary and ministerial, as given to the initial Trustees. Any successor Trustee shall be subject to any restrictions imposed on the original Trustees. No successor Trustee shall be required to examine the accounts, records, and acts of any previous Trustees. ,~L~ 11 No successor Trustee shall in any way be responsible for any act or omission to act on the part of any previous Trustees. SIXTH: I hereby nominate, constitute and appoint my daughter, NADINE ANN GRAVER, as Executor of this, my Last Will and Testament. In the event that NADINE ANN GRAVER shall predecease me, or be unwilling or unable to act as my Executor, as aforesaid then I nominate, constitute and appoint my daughter, ELLEN F. SMITH NEBRE, without necessity for posting security regardless of state of residence, as Executor of this, my Last Will and Testament. In the event that ELLEN F. SMITH NEBRE shall predecease me, or be unwilling or unable to act as my Executor, as aforesaid then I nominate, constitute and appoint my daughter, JANICE L. LeCHA1NCHE, without necessity for posting security regardless of state of residence, as Executor of this, my Last Will and Testament: All references to the Executor herein shall be applicable to said substitute Executor. SEVENTH: My Executor and Trustee shall have, in addition to the powers and authority conferred upon them by law, the following additional powers and authority: 1. To sell at public or private sale, exchange, transfer, partition, give options upon, lease, mortgage, pledge or otherwise dispose of any property, real or personal, at any time constituting a portion of my estate, and upon such terms and conditions as the Executor and Trustee shall deem wise. 2. To invest any money at any time in such bonds, stocks, notes, real estate, mortgages, life insurance, annuities or other securities, or such property, real or personal, as the Executor or Trustee shall deem wise,. without being limited by any statutes or rule of law regarding investments by the Executor or Trustee. 3. To retain, without incurring any liability, as investments, any property owned by me at the time of my death, as long as my Executor or Trustee may deem it wise, and even though such property is not the kind of property an Executor or Trustee would purchase as an investment; and even though to retain such property might violate sound diversification principles. :,L2- 12 4. To cause any security or other property which may constitute a portion of my estate to be issued, held or registered in their own name, or in the name of a nominee, or in such form that title will pass by delivery. 5. To consent to the reorganization, consolidation, readjustment of the financial structure, or sale of the assets of any corporation or other organization, the securities of which constitute a portion of my estate, and to take any action with reference to such securities which, in the opinion of the Executor or Trustee is necessary to obtain the benefit of any such reorganization, consolidation, readjustment or sale; to exercise any conversion privilege or subscription right given to my Executor or Trustee as owner of any securities constituting. a portion of my estate resulting from any reorganization, consolidation, readjustment, sale, conversion or subscription. 6. To pay all costs, taxes, charges and_ expenses in connection with the administration of my estate, including such compensations to Executor or Trustee which shall be in accordance with established fees throughout the period of administration of my estate. 7. To determine what is "income" and what is "principal" hereunder, and their decision thereon shall be final; and to purchase securities at a premium or discount, and to apply or charge said premium or discount against income or principal as the Executor or Trustee may determine. 8. The Executor and Trustee may make payments to or on behalf of any person who is the beneficiary hereunder but in no event, however, shall payments be made to any creditor or other such person because of anticipation of payment by the beneficiary, and any such claim made by way of anticipation by the beneficiary shall be of no validity or legal effect. 9. To borrow money from any person, firm or corporation, including any corporation acting as an Executor or Trustee hereunder, for the purpose of protecting and preserving or improving my estate hereunder; to execute promissory notes or other obligations for amounts so borrowed. ~ ; ~~' 13 j 10. To employ legal counsel, accountants, brokers, investment advisors, custodians, managers and other agents and employees and to pay reasonable compensation out of my estate or any funds held hereunder to which said compensation is attributable. 11. To carry on any business owned or controlled by me at my death for whatever period of time they shall think proper, and they shall have the power to do any and all things they deem necessary or appropriate, including the power to close out, liquidate or sell the business at such time and upon such terms as they shall deem best. 12. To do all other acts in their judgment necessary or desirable for the proper and advantageous management, investment and distribution of my estate. EIGHTH: I direct that all transfer and inheritance taxes, state or federal, assessed because of my death, whether the funds, property or insurance proceeds to which such taxes are attributable pass under this Will or not, shall be paid out of my residuary estate; that my Executor pay; or provide for payment of all such taxes at such time, or times, and in such manner as my Executor deems best. IN WITNESS WHEREOF, I, MARYLEE SMITH, the Testator to this, my Last Will and Testament, .typewritten on fifteen sheets of paper which I have identified at the bottom of each page by my signature, hereunto set my hand and seal the /(n day of 2007. YLEE SMITH The preceding instrument consisting of this and twenty-six other typewritten pages, each identified by the signature of the Testator, MARYLEE SMITH, this day and date thereof signed, published and declared by MARYLEE SMITH, the Testator therein named, as and for her Last Will, in the presence of us who, at her request, in her presence, and in the presence of each other have subscribed our names as witnesses. ~~ , 14 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS I, MARYLEE SMITH, Testator 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 purposes therein expressed. MARYL ~ SMITH Sworn or affirmed to and acknowledged before me by MARYLEE SMITH,. Testator, the ~~ ~ day of GGG d 2007. Notary Public COMMO[VbVEALT~i Or r B'NNS'fLVANlA Notarial 8sa Michael Cherewk~, Notary Fu~af~4 . Worrrileysburg Bono, C~t~erfanr! County l My Commission E.s~ fires Air. 27, 2t~ ) Member, Penns;~!varre .~a~,ocla.,risr 10 >`lota~s~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS We ,~4azh~ if'. ~f tD~ty~ and ~ad ~ 6; ,(n~c~ _ ,the witnesses 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 Testator sign and execute the instrument as her Last Will; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as witnesses; and that to the best of our knowledge the Testator was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. ~~~~. Q_ Lbw Sworn or affirmed to and subscribed to before me by ~u/~ele. ~• «t~2trul~a.. and ~sG'e ~. ~cch witnesses, this Ir'a~. day of ~~d-VL[trr,~wt , 2007. ~~~ ~~_ Notary Public COMMONWEAt.TN OF r ENNSY'tVANIA Notaria~t Sea I Michael Charowka, Notary Fubl!c 1 Wormleysburg Boca, G~.mr~e~tard County 15 My Commission Fes[, ~s Apr. 2"l, 204? Member. ?ennsvlvania ~~:-~~:~::r•~ ns ~.~,..-.: -- September 3, 2008 LORI K. SERRATELLI STEVEN ~. SCHIFFMAN MICHAEL F. BROWN RONALD L. CALHOON F. R. MARTSOLF SPERO T. LAPPAS STEVEN O. SPAHR IOHN D. SHERIDAN DEBORAH L. PACKER CARA A. BOYANOWSKI PAIGE MACDONALD-MATTHES THOMAS A. WILKEN MERRITT C. REITZEL SCOTT W. MORGAN Of Counsel GARTH /~. STEPHENSON Of Counsel (MD & DC Bars Only) * (Admitted PA & NJ) /dae ...................... Enclosure SUITE 201 cc: ZOHO LINGLESTOWN ROAD HARRISBURG, PA 17110-9670 (717) 540-9170 FAx (717) 540-5481 .................. Register of Wills Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Estate of Mary Lee Smith File No. 21-08-0712 Dear Sir/Madame: Enclosed for filing, please find the Inheritance Tax Return with regard to the above captioned matter. Also enclosed is a check for- $15.00 representing the filing fee and a check in the amount of $27,993.00 representing the inheritance tax. Please time and date stamp the extra copies of the document and return them to me in the enclosed self-addressed stamped envelope. Thank you, in advance, for your assistance in this matter. Nadine A. Craver Very truly yours, SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. Debra A. Evangelisti, Paralegal N n C ~ ~ -;,;{ '' ~7 f/1 9'T', '_ q - t_r~ _ .- A C.lt tt~ V Q ~ ~y r `~ 4Y 3 E. ~~ ;~ i = ~ . N ~~' • ~ ~Q ~,~, N J u. ~ N ~'! ~ { ~~ ~,'.~ cA ~~ 4k ` ,' ~~~ ~o ~~ ~ __~ y „ ~ ' ~ . N ~ s _ Q ~ a `O u O CS y ~ C ~ ~ 00 Z c o- c r a; 0 r ®'- Q `~ c~ _~ ~ -~- ca r ~.. ~. O G "' a xG ~' O~ N' O. V? 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