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HomeMy WebLinkAbout09-11-08 (2)15056051058 REV-1500 Ex (06-05) OFFICIAL USE ONLY PA Department of Revenue Coun Code Year File Number Bureau of individual Taxes ~ Po Box zaosol INHERITANCE TAX RETURN 21 08 0657 Hamsburg, PA 17128-0601 -~ RESIDENT DECEDENT ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death Date of Birth 184-09-1733 05/23/2008 08/11 /1916 Decedent's Last Name Suffix Decedents First Name MI Davis John ~/ _ _ __ (If Appllcabie) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MI __ Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW 1. Original Return 2. Supplemental Return _.., 3. Remainder Return (date of death prior to 12-13-82) 4. Limited Estate _. 4a. Future Interest Compromise (date of _., 5. Federal Estate Tax Return Required death after 12-12-82) ~` 6. Decedent Died Testate 7. Decedent Maintained a Living Trust 00, 8. Total Number of Safe Deposit Boxes (Attach Copy of Will) (Attach Copy of Trust} .": 9. Litigafion Proceeds Received r 10. Spousal Poverty Credit (date of death 11. Election to tax under Sec. 9113(A) between 12-31-91 and 1-1-95) (Attach Sch. O) CORRESPONDENT - THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED T0: Name Daytime Telephone Number Willam L. Adler (717) 234-3289 Firm Name (If Applicable) REGISTER OF WILL3 USE ONLY ADLER &ADLER ru ~ First line of address ~-~ ~ ~.,t 125 Locust Street ~`-~ `''' r t 7 ~ - °' ~ ~~' _ - ~ r7 ~ _;~ - 4 '~ ~ ~ ~~ Second line of address ~ ~~ -~-~ -- .: ~ r. DATE t#!!=ii7 "w '3 City or Post Office State ZIP Code -- -~_ ~ _ - `~; ..._ i..... , Harrisburg PA 17101 '=1-~ `~ ~ `~ tt7 '~- Correspondent's a-mail address: Under penalties of perjury, 1 declare that I have examined this return, including accompanying schedules and statemerrts, and to the best of my knowledge and belief, it is true, correct and complete. Declaration of preparer other than the personal representative is based on all information of which prepan3r has any knowledge. Side 1 15056051058 15056051058 f'Z~S Co ~ ~ ~~ ~g j'~ r 7 to PLEASE US ORIGINAL FORM ONL~l 15056052059 REV-1500 EX Decedent's Social Security Number De~edenrs Name: John W Davis 184-09-1733 RECAPITULATION .. 1. Real estate (Schedule A) ........................................ ..... 1. 2. Stocks and Bonds (Schedule B) .................................. ..... 2. ''Z,O ~, ~ D ~[ (~ [ 3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) ..... 3. 4. Mortgages 8 Notes Receivable (Schedule D) ........................ ..... 4. 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) ... ..... 5. 6. Jointly Owned Property (Schedule F} :;: Separate Billing Requested .. ..... 6. (~ 7 ~"' Z 6 ~ 7. Inter-wos Transfers & Miscellaneous Non-Probate Property + ~ 7 (Schedule G) ".'::: Separate Billing Requested... ..... 7. 8. Total Gross Assets (total ones 1 7) .. 8• `(~ ~ ~ZZ ~ '7s 9. Funeral Expenses & Administrative Costs (Schedule H) ................ ..... 9. ((~ ~ f Q 10. Debts of Decedent, Mortgage Liabilities, 8~ Liens (Schedule I) ........... ..... 10. u l 1 f'p KQ . S -/ 11. Total Deductions (total Lines 9 ~ 10) .............................. ..... 11. 1 2 , S~/1 ~ 5 (j #/ / 12. Net Value of Estate (Line 8 minus Line 11) ......................... ..... 12. Z ~ Z (,~ r7r ~ ~ 7 J 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been made (Schedule J) ................... ..... 13. 5' ~ ~ O Q ~ ®Q 14. Net Value Subject to Tax (Line 12 minus Line 13) ... ...... ...... ... 14. d~ ~ "Z ~ Z ~ ~ ~ V t? r .... , . „ ,.... . ,,... ...._ TAX COMPUTATION -SEE INSTRUCTIONS FOR APPLICABLE RATES ._ .. „ . 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a)(1.2) X .0 _ 15. 16. Amount of line 14 taxable at lineal rate X .0 ~ ~ 3~ ~ 5' 7 Z ~ ~ ( 16. Z(~ ;~ q ~" 17. Amount of Line 14 taxable _ ~ _ ~ at sibling rate X .12 17. 18. Amount of Line 14 taxable at collateral rate X .15 18. 19. TAX DUE .................................................... .....19. 20. FILL IN THE OVAL 7F YOU ARE REQUESTING A REFUND OF AN OVEr~PAYMENT 15056052059 Side 2 15056052059 REV-1500 FJC Page 3 Decedent's Complete Address: Fite Number 21 _ 08. ,0657 DECEDENTS NAME DECEDENTS SOCIAL SECURITY NUMBER John W Davis 18409-1733 STREET ADDRESS 5225 Wilson Lane CITY i STATE 'ZIP Mechanicsburg ~ PA 17055 lax Payments and Credits: 1. Tax Due (Page 2 Line 19) 2. CreditslPayments A. Spousal Poverty Credit B. Prior Payments Z ~ rp0~__ C. Discount I ~ ®5 7. 6 ~ 3. Interest/Penalty if applicable D. Interest E. Penalty (1) iv .. ~.q ~' ~ ~ ~ - Total Credits (A + B + C) (2) Z 9. , (~Jr ~ r ''~ i (3) {5) Total Interest/Penaity (D + E ) 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Fill in oval on Page 2, Line 20 to request a refund. 5. If Line 1 + Line 3 is greater than Line 2, enter the diifference. This is the TAX DUE. A. Enter the interest on the tax due. B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5A) (56) Make Check Payable to: REGISTER OF WILLS, AGENT PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred :.......................................................................................... ^ ^X b. retain the right to designate who shall use the properly transferred or its income : ............................................ ^ ^X c. retain a reversionary interest; or .......................................................................................................................... ^ d. receive the promise for life of either payments, benefits or care? ...................................................................... ^ 2. If death occun'ed 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? ........................................................................................................................ ^ 1F THE ANSWER TO ANY OF THE ABOVE QUESTIONS iS YES, YOU MUST DOMPLETE SDliEDULE G AND F1LE 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 p2 P.S. §9116 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is zero (0) percent (72 P.S. §9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is zero (0) percent [72 P.S. §9116(a)(1.2)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's Pineal beneficiaries is four and one-half (4.5) percent, except as noted n 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. SCHEDULE "B" STOCKS AND BONDS Estate of John W. Davis File Number z(-orb -065'7 ITEM NUMBER DESCRIPTION VALUE AT DEATH Merrill Lynch Account # 878 11905 (See attached Exhibit "A") $188,474.57 John Hancock 21 1415302 (See attached Exhibit "B") $13,572.20 TOTAL STOCKS AiQD BONDS $202,046.77 SCHEDULE "H" FUNERAL EXPENSES, ADMINISTRATIVE COSTS AND MISCELLANEOUS EXPENSES Estate of John W. Davis File Number ITEM Ni7MRF,R DESCRIPTION AMOUNT 1. Funeral Expense Moore and Snear funeral home $3,495.00 2. Personal Representative Commission 3. Social Security Number 4. Year Commission Paid 5. Attorneys' Fees $7,500.00 6. Family Exemption Claimant, Relationship to Deceased 7. Address of Claimant at Decedent's Death 8. Probate Fees $310.00 9. Advertising estate $150.00 10. Reserve $175.00 Susan Walla, income tax preparation $280.00 ~o~~ tl , gto . 00 SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES AND LIENS Estate of John W. Davis File Number ITEM NUMBER DESCRIPTION AMOUNT Associated Cardiologists $10.00 Bethany Village $605.90 Continuing Care RX $30.17 US Treasury, Income tax $922.00 Pa dept of Revenue, income tax $19.00 Hampden Physician Associates $53.47 Total $1,640.54 SCHEDULE "F" JOINTLY OWNED PROPERTY Estate of John W. Davis File Number Joint Tenant Name Address Relationship to Decedent A.Ruth Ersek 83 Fox Fire Lane Lewisburg, PA 17339 Daughter B. C. Item Joint Description Total o Decedent Number Tenant Property Value Inter Interest and Asset est of Date Deced ent Made Joint 11/05 A Vanguard 515, 606.81 50 $25"7, 803.41 Account 88010003828 Vanguard Voyager Select Services P.O. Box 13750 Philadelphia, PA 19101-9897 (See attached Exhibit "C") 11/05 A. Bank of America 10, 545.13 50 $5, 272.57 (See attached Exhibit "D") Total $253, 075.98 SCHEDULE J BENEFICIARIES Estate of John W. Davis File No. ITEM NUMBER NAME AND RELATIONSHIP AMOUNT OR ADDRESS OF TO DECEDENT SHARE OF BENEFICIARY ESTATE A. Taxable Bequests Ruth Marian Ersek 83 Fox Fire Lane Daughter 2/3 Lewisberry, PA 17339 Kristopher Grandson 1 / 3 Matthew Hemmerich 126 Crosswick Lane Lancaster, PA 17601 ITEM NUMBER NAME AND ADDRESS OF BENEFICIARY AMOUNT OR SHARE OF ESTATE A. Charitable and Governmental Bequests Plymouth Evangelical Church 5,000.00 Total 5,000.00 Global Private Client Group 1Kerrill6ynch August 14. Zt)08 Mr. William Adler Attorney At Law 1 ? ~ Locust Street P.O. Box 11933 Hatrisburv. PA 17108-1933 Rc: John W Davis, Deceased Merrill Lynch Account 878-1 I90~ Dear Mr. Adler, 101 Arrandale Boulevard Exton, Pennsylvania 19341-2564 610 594 6388 800 937 0766 Toll Free FAX 610 594 1102 Enclosed please find the date of death account value fot• the above referenced account. The account was opened on November 2"~. 1998, and it is the only account Mr. Davis had with Met~'ill Lynch at thc: time of his death. [ have also included a copy of his ~~ierrill L_vl~tch second quarter account statement for your convenience. As always, the numbers provided in this report is Cor your information purposes. Plcase use the Merrill Lynch monthly statement as your official records. Please fccl tree to contact me with any questions. S- cerely Lei T. Kropp Client Associate Enclosures ... :nl. ~. .i.,:.Vt sa turf t. hor..,it •...:..Aa.., o.-.1 Iuru, .~..i r.. ~ ..li,. t:..r L. lir :~lr:.l.l., 1::.. .., .f;. :..r .. i.:r.,r:la~.-~t. .:. ~ric.ra\' V.'rtlu~s Ifr.•ri:l. ~~. r:++{~.•.;r . •r .:rw ~q:vu.,n rsp,. >..~A, r:,.r.uf u:.•.., ....., :mdero L. i. ..I ilt.. pw ch.-s:~ or .:rl.. ~d .:o~ ....n m.~. ..r „ron,~lnls Pr:nt.,~inl5> ~~ ry I I y 1 ^ F 1 Z I 1 Z U I ~ 4 1 d I 1 ^ F 1 2 I H 1 a\I U > I U M I 4 ^ 1 1 to I r1 1 >. I N F W I N H `J I N I I m U > I w 1 y 1 1 I O t O 1 O w 1 ~O Z U I In 4 H I 4: I rl a 1 ~•. 1 I o q I o ., w 1 ~ m U 1 LL'/ \ M 1 m s a 1 ., z o O a I .+ p o a I M N 1 H 1 4 r1 O fq N 1 ~ ~ > 4 ~ a w ^ \ U I VI W • • S 1-I I C') [L I +. m it .. a 1 f. ,~ A x 1 1-1 q V I U W W U W I N \ 4 i yw v i ~ O z Oa ^ l o X F 4 1 1 L+ Z F i.. 4 O 1 ~ w 1 w F I c W F\1 a r o N o as r~ ~ rn v v m .+ r•I O O O O O O O O .~ O N ~ 0 0 0 0 0 0 rl o b N N 01 NI N N \ ~ ~ N 0 0 µ` 1 O ^ 1 O 0 01 N .~ m H O V Q y 1 I U O N 1.1 1 Z i+ I r~ tL y I H C N y I U w ;.1 I N xp O ~ 1 N (~ 4 N a ~ ~ q ap~ q I W .t U' U F I L1I I 7 s ~ ~ a s 1 O b 1 n O 1 N ,~ 1 N N W 1 ~. D ! r v of ~ ~ 1 (^ N Of rl I r rt v ar j > 1 "l e ~ y . ! r N O~ ~ I 1 N 01 m Z I Pt ~ 01 I r n a I t1 .~ 01 'Y I ri H 01 N 1 O ~} O~ N 1 ri .i OI O 1 0 O a U ! O O 41 I N N 1'1 F 1 H 1 I O 1 O I O i I i r II r 1 N ,1 :n I v 11 a i r ~1 r I v I v 1 m II m I m II m 1 .+ 11 .i 1 U b C .,1 b 9 G 11 y w m u C b 9 7 N U u 4 .i A. .i '4 a 0 •N .~ U O C l~ ~A 0 w F G. C ~ U O V H I~ J N U .d 0 w a Z M vi w Wz U rl M ~ to Q: H w~ N Z F O IA F U 4 W b e m b ~ 4 U ron 2 Z w rn O M W '" a v rt r 9 ++ 7 b w m N CI H i~ h a a ,~ 4 ~ a c w +i ~ 0 O 7 Y ~ •.i m a o > a M O p, o N m A s v m ur O .~ ao 4 N n c -~ O H a John Hancock Funds, LLC Mutual Fund Operations P.Q. Box 9510 Portsmouth, NH 03802-9510 (800)225-5291 www. jhancock.com/funds John Hancock Signature Services, Inc. July 23, 2008 William L Adler Attorney at Law Adler & Adler 125 Locust Street PO Box 11933 Harrisburg PA 17108-1933 Reference: 00964571 Account Number: 1415302 John W. Davis Dear Mr. Adler: the future is yours Thank you for contacting John Hancock. I am writing in response to the enclosed copy of your request for information regarding the John Hancock mutual fund account listed above. The documentation we received will be kept on file for future reference. We are contacting you in writing because we cannot resolve your request by telephone. A review of our records shows that this is only mutual fund account under John W. Davis' Social Security Number (SSN) in our files. This individual non-retirement account was established on February 6, 2006, when the shares were transferred from an account registered to Mr. Davis and Frances D. Davis. Please note that there are no beneficiaries listed on this account. The account value of account number 1415302 on May 23, 2008, was $13,572.20. This amount includes $52.19 in dividends that had accrued but had not been paid. The net asset value per share ofthe Bond Fund A was $14.49 and there were 933.058 shares in the account. Please remember that the share price fluctuates daily. To transfer or redeem the shares in this account, we will need the following: A letter of instruction signed by Ruth Marion Ersek as executor of the Estate of John W. Davis referencing the account number listed above. If Ms. Ersek wishes to transfer the account, we will need to know the registration, address and Tax Identification Number (TIN) under which we will establish the new account. If Ms. Ersek wishes to redeem the account, we will need to know the name, address, and TIN under which we will redeem the account. ~x~ John Hancock Funds, LLC, 601 Congress Street, Boston, MA 02210-2805, Member FINRA • Sovereign Asset Management, LLC If the account will be transferred or if the redemption check will be made payable or mailed to an individual other than Ms. Ersek, the signature on the letter must be medallion guaranteed. The signature must also be medallion guaranteed if the account will be transferred or if the redemption check will be made payable or mailed to an entity other than the estate. The medallion signature guarantee stamp provides proof of identity and must be issued by a member of the medallion program. It must contain the appropriate bar coding and must contain the letter prefix (A, B, C, D, E, F, X, Y or Z) that identifies the grantor's maximum surety amount, which must be sufficient to cover the amount of the requested transaction. Banks, Savings Associations, Brokers, Dealers or Credit Unions that are members of the medallion program can provide the needed guarantee. A Notary Public stamp is not a valid signature guarantee. Also, please note that a date or any other added notation will invalidate the medallion signature guarantee. The enclosed Account Application completed and signed. Since any change in registration affects the legal ownership of the account, it will be necessary for us to transfer the shares to a new account. We will use the Account Application to obtain identifying information regarding the entity or individual that will be receiving these assets. Sections 2 and 3 must be completed and Section l 1 must be signed. The TIN must be included in Section 2. The USA PATRIOT Act of 2001 requires us to obtain this information. Please note, if the account will be redeemed under Mr. Davis' SSN, it will not be necessary to transfer the shares to a new account. In this case the Account Application would not be required. For your convenience, a postage paid envelope is enclosed. When we receive the requested information, we will promptly process the request. If you have any questions, please contact us at 1-800-225-5291 any business day between 8:00 a.m. and 7:00 p.m., Eastern time. For additional account and product information, please access our Web site at www.,~hfimds.com. Sincerely, Valerie Allen Correspondence Associate cc: Signator Investors Inc Enclosure Copy of Request Account Application Postage Paid Envelope Page > 1 of 1 . r, T VdI1~11diC~' John W Davis & Report,far 05123/2008 ' ~` ;. ._. ..._Ky = .- .... __. ~_ ... -. _.- _-. ... . Ruth M Ersek Client Services: 800-662-2739 JT TEN WROS 83 Foxfire Ln Total report value: 5516,462.01 Olde Forge (focal report value indudes any accrued dividends.) tewisbeny, PA 17339-9338 John WDavis;-Ruth M-Ersek;;;Jo~nt Account ~ ~~y.. ~-~ Account value~sumtnary = -_ i - ~' - _ ~ . _ - Narne Fund & Account ( Date ! , Price Per . Number ~ Opened Shares Share ~ Va1ue' GNMA Fund Admiral Shares , 0536-88010003828 02t23t2006 18.099.719 ~ 510.40 S188,237.08 Wellington Fund Inv ~ 0021-88010003828 ~ 1111712005 i 1,556.626 532.06 ; 549,905.43 Short-Term Invest-Gr Adm ~ 0539-88010003828 10511912006 , 8,742.794 510.59 592.586.19 Wellesley Income Fund Adm 0527-88010003828 02/2312006 3,567.698 551.82 j S184,B78.11 ' Doesn't indude accrued dividends. Totals i-,; Accrued Dividends S572.79 5282.41 5515,606.81, 5855.20 1969768598 07/18/2008 16:49:46 ~x~ ~ i~a JOHN> W: DAMS RUTH M ERSEK .Page 2 of b; Statement:. Period .06.17.08: through 06.17-08 B ii 0 I P PI 11 Account Number: 0000 6101 4825 Regular -Checking ~~ ~ ~ ;, ~ ,."` ~. ,~ JOHN: W DAMS RUTH M ERS>K ~'~ . dour Account at a Glance. Account Number OOOQ 6101 4825 i Beginning Balance. on 05-17-08 $ 12 70&.80 (li ~Q ~~,~'~ Deposits and Other Additions- +521.74 "! ~ ~ ,~ Checks Posted - 7,173.89 ~ ~ ~ ~ ,~ ~ v A`T`M and Debit`Card ~~ubtractions - _ ` ° f fi75' - ~` ~ a t __.-_ _. ~~ Other Subtractions ~ ~ar~R :t:~ . , - -44 "': x::~a.a~ rs~ ~ ~~ ~ ._,. ; ' ~~~~m, Ending.B"alatnce on.06-17-08 ~_ .~.,;.,,.$~ ~3,933r4~ ~"=~='."~~"~~.,~.,~..~ ~ ~ r m~,,~ ~,._.,.-,. ~ - Your Toi~c~~Quolif.n,'~,~1,~~~'~S~~P~~ _ ~' account ..- -. ,.r,., .- , ..~ - ... ~ r _ - ~r~ gy. e~of"`. - lame _ '~'~"`~~9)~ier~'°' ^•° _ aka°~ce~~($}~ Ba ance Dater ~,e lar Checkin ' ~'°"' " €'u g ~~ 0000{6101,4825 -~ ~ ~9 808.50 Avera a 06-1fi ., "dta~l'~Q~if3'~g Balance`. ~;$OS:~GO`.x =;- g We waived' the monthly maintenance. fee on your checking ~tcount because-.you had 59,808.50'Combined Average Deposit balance ` in your combined checking and.`.iinked. savings, Mn li~"a~kat;Savings, CD or IRA accounts during the statement rycle. Thank you for choosing to bank with us. -°""`- ...;: ~.~ _, f~egvl'ar`C i~~`:.~d~dif~s~E~trac~ons POSted Amonnt(S} RAIATf (~P~`~!7~~ f ~"1.o taco ~+Y~'i~ e.«,r w+w~• Ct: •• 05-19 3fi.5.1,.+ 05-19 ~338a'~-- 05-19 'L-_ ~ .. ~ - - - ---- - --- 12 279~~~-- ~ ~~, rfn .~rr~~sa~t~~ _ ~.. ,. i ..>. 05-19 ;~ . ~ -~_ : ,~~, v ~~ ~.,;~. - 1~,09o-80 -- CheckG'ard °0 ~...~, , _ -- ``' -- - - --- _-4.~-----w _ `~Iarrisb PA 24071058137987179148099: 05-20 ~'!'~ 12,008'.51 Cna Rtd`: C 05/20° #000?69581 Purchase _ 330 Cumberland. PA Mechanicsb _ - 05-21 05-21 . ~-1-,9~9:08-~ i3'"' 1Q,929.43 10,842,13 _ Cheep..::... ~ 193 -- -.,«~.-~,_,. _ .._ , "_ Check'`.: 1934`~`~.. 05-22 ~ i9~~-'" 1,772:13 Check 1932 05-23 - 10,545:13 Check 1935 05-2? ,~ 10,317.96. CheckCard 0524 $lue. Pacific: Sushi & G Lancaster PA 24071058146158133393283 05-27 - 1, 10,174.15' .Giant Food#12 ' 05/25 #000203158- Purchase - 255 Cumberland PA- Mechanicsburg PA 05-27 - 10,129.91 CheckCard: 0525 Giant Fuel #120 Mechanicsburgpa.24692168146000257977879 ~~ REGISTER OF WILLS CUMBERLAND COUNTY PENNSYLVANIA CERTIFICATE OF GRANT OF LETTERS No . 2008- 00657 PA No . 21- OS- 0657 Estate Of: JOHN W DAVIS (First, Middle, Lastl Late Of : UPPER ALLEN TOWNSHIP CUMBERLAND COUNTY Deceased Soci a1 Security No : 184-09-1733 WHEREAS, on the 17th da~~ of June 2008 ar_ instrument dated April 10th 1996 was admitted to probate as the Last will of JOHN W DA VlS jFirsr, Middle. Lastl late of UPPER ALLEN TOWNSHIP, CUMBERLAND County, who died on the 11th day of August 1916 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, GLENDA EARNER STRASBAUGH Register cf Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certif~r that I have this day granted Letters TESTAMENTARY to: RUTH MAR/AN ERSEK whc alas duly qualified as FXECUTGR(R/X1 and has agreed to administer the estate according to Iaw, a1i of wh?ch fu1 ' y appears of reccrd in my office a t CUMBERLAND COUNTY COURT HOUSE, CARL/SLE, PENNSYLVANIA, ~N TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal cf _~v cffice cn the 17th day of June 2008. * ~IVGT~ * * ALL NP..MES ABOVE APPE~?R (~ TRST`, M_~DDLE, LASTi I, JOHN W. DAMS, of Lower Providence Township, Montgomery County, Pennsylvania, declare this to be my last Will, hereby revoking all prior Wills and codicils. FIRST: I give the sum of Five Thousand ($5,000.001 to the Plymouth Evangelical Church, for general church purposes. SECOND: I give all of the rest and residue of my property, real and personal, to my wife, Frances D. Davis, provided that if she dies on or before the thirtieth (30th) day following the day of my death, this gift shall lapse or be divested, and I give such property as follows A. Two-thirds (?.'31 of said property to my daughter Ruth ivlarion Ersek, provided, however, in the event that she is not then living, this gift shall lapse and be distributed to my grandson, Kristopher Matthew Hemmerich; and B. Or!e-third (t /~~ of said property to my ~~rsr~d.;cr. ^__. .,^ner ~. r .. 1Vlatthew I~~emmerich. TIFHRI3: No beneficiary may assign or transfer his or her interest under this ~V ill or any codicil hereof, and no person with a claim against the beneficiary may reach any such interest before it is distributed to the beneficiary. FOIJ'RT~i: All estate inheritance taxes and interest and penalties thereon payable by reason of my deatl'r with respect to property passing under this Wiil shall be paid from the principal of my residuary estate. FIFTH: In addition to powers given them by Iaw, all fiduciaries acting under this Will, whether or not named herein, shall have the following discretionary powers applicable to all property held by them, effective without court order and until actual distribution: A. To retain any property received by them, including the stock of any corporate fiduciary or any corporation controlling or having a substantial interest in, any corporate fiduciary, without regard to any principle of investment diversification; B. To invest in all forms of property, including any common trust fund operated by any fiduciary, without restriction to investments authorized by law and without regard to any principle of investment diversification; C . To compromise controversies; D. To exchange or sell real or personal property publicly or privately, far such prices and on such terms as they deem proper; to lease for any term reaardtess of the duration of the trusts hereunder; and to give options for these purposes without obligation to repudiate them in favor of a higher offer; E. In the discretion of my corporate fiduciary to lend money or an}~ other property held hereunder with or without collateral and upon such other terms as my corporate fiduciary deems proper; F. To exercise any discretionar;~ power to use principal or income for a beneficiary by paying the beneficiary`s expenses directly or by distributing funds to any person or organization they select to disburse the same for the beneficiary's exclusive benefit; in like manner to pay or distribute principal or income to which any beneficiary is entitled if my fiduciary deems the beneficiary incapable of receiving the same by reason of any illness, infirmity or legal incapacity; and to distribute to a minor notwithstanding minority any principal or income which they have discreticn hereunder to use for a minor or to which a minor is entitled; G. To hold investments in the name of a nominee; H. To assume continuance of the status of any beneficiary with reference to death, marriage, divorce, illness, incapacity or other change in the absence of information deemed reliable without liability for disbursements made on such assumption; I. To exercise any option permitted by law to use deductions for Estate or Income Tax purposes as my fiduciary deems advantageous for overall tax reduction even though the effect may be to increase income at the expense of principal or vice versa, and to make or not to make adjustments with :expect thereto as my fiduciary, whose decision shah be conclusive and not subject to review by any court, deems appropriate in view of the nature of the transaction and the amounts involved, and: J. To employ and compensate such brokers, advisors, professional persons, and other agents as my fiduciar;~ deems advantageous or as I ?nay have !directed whether or not an individual iiduciarv hereunder performs the services or has nav pecuniary interest in the firm performing the services, without liability for payment or 3 compensation at a higher rate than might have been negotiated elsewhere without diminution of any such individual's fiduciary commissions hereunder. SIXTH: I appoint my wife. Frances D. Davis. Executrix under this my Will. In the event my wife does not act or continue to act as such, I appoint my daughter, Ruth Marion Ersek, Executrix under this my Will. In the event that neither my wife nor my daughter, Ruth Marion Ersek does not act or continue to act as such, I appoint my son- in-law, David A. Ersek, Executor under this my Will. SEVENTH: No fiduciary acting under this will shall be required to post bond or render security in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal this (a ~ ~ day of Gi, , 1996. w- J N W. DAMS SIGNED, SEALED, PUBLISHED, and DECLARED by the above-named Testator, as for his Iast Will, in the presence of us, who at his request, in his presence and in the presence of each other, have subscribed our names as attesting witnesses: . ~ t 1325 Hollow Road Address Collegeville, PA 1x425 ~~ 1511 Green Hill Road Address Collegeville, PA 19425 4 CO1tiIl~IONWEALTH OF PENNSYLV~,.NZA ss. CC>L1vTY OF MONTGOMERY I, JOHN W. DAVIS, 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. ~¢"~`.~ John W. Davis, Testator Sworn to and subscribed before me this loth day pf April 1996 rotary Public Nota~a Seat Maryann T Foley. (Votary Public Noms`own Boro, Montgomery County My Commission E~ires June 2t . t 997 ~1~r.1r~-r. Fc-nnsylvaniaAssa~ation of Nrtarfas CONIl~10NWEALTH OF PENNSYLVANIA ss. COUNTY OF MONTGOMERY We, James 3. Himsworth, Jr. and Carol ?~. DiRado ,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 his Last Will; that JOHN W. DAViS signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the testator was at that time 1S or more years of age, of sound mind and under no constraint or undue influence. ~ _ ~~ f~ss Witness Sworn to and subscribed before me this ? 0th day of April 9E tart' Public ~'JOiaiiai c~e31 Maryann T ,=,~~y. Notary Public Noms~~avn 8oro, "~Aontgomery County My Cammis;,ron Exc~rs~s Sane 2t . t 997 F,-~~mtk r -enn~yl~~~li t,A4St~9ti()n Of NOt~irt;>