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Home My WebLink About04-0384 PETITION FOR PROBATE and GRANT OF LETTERS Estate of SHANK, Mildred H. No. ~1 - O~4 -~,~ ~q a/k/a Deceased. To: Register of Wills for Cumberland County, Pennsylvania Social Security No. 167-03-3439 The Petition of the undersigned respectfully represents that: Your Petitioner, who is 18 years of age or older and the Executor named in the Last Will and Testament of the above decedent, dated January 8, 1991. Decedent was domiciled at death in Cumberland County, Pennsylvania, with her principal residence at 301 Harmony Suites, 3 Alliance Drive, Carlisle, Cumberland County, Pennsylvania. Decedent, then 86 years of age, died April 5, 2004, at 301 Harmony Suites, 3 Alliance Drive, Carlisle, Cumberland County, Pennsylvania. Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: N/A. Decedent at death owned property with estimated values as follows: $ (If domiciled in Pa.) All personal property $ 340,000.00 (If not domiciled in Pa.) Personal property in Pennsylvania $ (If not domiciled in Pa.) Personal property in County $ Value of real estate in Pennsylvania $ situated as follows: Total $ 340,000.00 WHEREFORE, Petitioner respectfully requests the probate of the Last Will and Testament presented herewith and the grant of letters TESTAMENTARY thereon. 'obert H. Shank, - xL~7~ecutor 2505 Bremer Road Dover, Pennsylvania 17315 OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF CUMBERLAND ) The Petitioner above-named swears or affirms that the statements in the foregoing .~'."~tition are true and correct to the best of the knowledge and belief of Petitioner and that as pers6nal repr~.~ntative':°f,the above decedent Petitioner will well and truly administer the~~/~estate according to I~W Sworn to or affirrned and subscribed before me this~day of Robert H. Shan~ko~ ~t~ril, 2004 NO. o l- Estate of Mildred H. Shank DECREE OF PROBATE AND GRANT OF LETTERS AND NOW QS, ~ ~.Q ~3~ ,2004, in consideration of the petition on the reverse side hereof, satisfactory p~-oof having been presented before me, IT IS DECREED that the instrument(s) dated January 8, 1991, described therein be admitted to probate and filed of record as the last will of MILDRED H. SHANK; and Letters Testamentary are hereby granted to Robert H. Shank. FEES ~ ~ Probate, Letters, Etc ............ $ ~'~__t3 ..(XB Short Certificate(s) ............. $ ~-~. c30 Mi q ~~/..~.~Cq..... $ {~. 6~ Attorney I.D. No. 57976 ~ ' '~ $ IO. ~o 19 Brookwood Avenue, Suite 106 · ~ A TOTAL__ $~ Carlisle, Pennsylvania 17103-9142 Filed....~.. 2..-.d:-...~....7...c~....~..~ ................... i .... (717) 249-5373 F:\User Folder\Fi~m Docs\Estates\3555- I pet.ltrs wpd This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. ,ms.l~3,.~.2~? COMMONWEALTH OF PENNSYLVANIA · DEPARTMENT OF HEALTH · VITAL RECORDS CERTIFICATE OF DEATH ~==~.; L ~",~ I ~-~ , ~. . .~. .F~le ~-167 -- 03 -- 3439 "~ril 5. 20~ ' ]01 . . s~N~ ~.,~~.~. ~c~'su~u~ ', ~o~,~sm,w' 3 Al/~n~ Dril~ ~;~ ..... ~'~' I,, ~ite ,,~ ~tl~ S~re~l,,~l~ ~ster Wo~k~mD '~ I .... ~ I ,,~, I . ---~ I ' '": "- '= I ' ' I,, wz~ I,,. - 301 ~z, uny Suztes; ~ ,..~. PA Alli~ D~; ~1 ~rl~d ,-.~ ~' ,,~ ~ ~rlisle ,,. Her~ - H~tt I~T'~"'s"~¢""'~'=~'~-''~ "- ~- Sc~a~elter [~. 505 Br~,~r ~d; ~ 17315 ~st PA L Brothers ~eral H~, Inc. ............................................................ 0 3~3 o) II IM $ T WILL AND TE$TAMENT MILDREDH. SHANK I, MILDRED H. SHA~(, a resident of Pinellas County, Florida, being of sound mind and disposing memory, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking any and all other Wills and Codicils heretofore made by me. ITEM ONE I direct that my just debts and my funeral expenses be paid as soon after my death as may be reasonably convenient. ITEM TWO I give and devise such of my tangible personal property to those persons designated in a Separate Writing in existence at the time of my death which is signed by me and which describes the items and the devisees with reasonable certainty. In the event no such separate writing is attached to my Will at the time of my death, it shall be presumed that I elected not to utilize such separate writing instrument. ITEM THREE Ail the rest, residue and remainder of my estate, whether the same be real, personal or mixed, of whatsoever and wheresoever 01/08/91 --1-- situated, including without limitation all property over which I have a power of appointment and all lapsed legacies and bequests which are not otherwise devised by this Will, I give, devise and bequeath to my husband, RICHARD P. SHANK, if he is living, and, if not, then to my revocable living trust dated this January 8, 1991, and shall be distributed according to the terms and conditions therein stated. ITEM FOUR I hereby nominate, constitute and appoint my husband, RICHARD P. SHANK, as Personal Representative of this my Last Will and Testament, and to serve without bond or security, with full power to do all acts I might do if living such as (without limiting) sell or encumber real or personal property, all without court order. I hereby nominate, constitute and appoint ROBERT H. SHANK, as Successor Personal Representative of this my Last Will and Testament. I hereby nominate, constitute and appoint RICHARD P. SHANK, JR., as second Successor Personal Representative of this my Last Will and Testament. The Personal Representative shall not be liable for damages or loss caused by honest errors of judgment made by him or his agents or employees or by any good faith exercise of the discretions given to the Personal Representative. IN WITNESS WHEREOF, I, MILDRED H. SHANK, have hereunto set my hand and affixed my seal at Pinellas County, Florida, this January 8, 1991. ~LDR~D H. SHANK 01/08/91 --2-- Signed, sealed, published, and declared as and for her Last Will and Testament by her, the above named Testatrix in the presence of us who have seen the Testatrix sign, and who have affixed our names as attesting witnesses hereto, in her presence, at her request, and in the presence of each other, this day and .~ly~ar las~ ~t forth above. STATE O~LORrDA ' ~ ~ / COUNTY~OFPINELLAS ~ We, MILDRED H. SHANK, LaCwRTJ.RTWIGGandNANC~ETHOMPSON, the Testatrix and the witnesses respectively, whose names are signed to the attached or foregoing instrument, having been sworn, declared to the undersigned officer that the Testatrix signed the instrument as her Last Will and Testament, that she signed, and that each of the witnesses, in the presence of the Testatrix and in the presence of each other, signed the Will as a witness. MILDRED H. S~ .~ ~Witness Witness' ~ ...... STATE OF FLORIDA COUNTY OF PINELLAS SWORN TO and subscribed before me by MILDRED H. SHANK, the Testatrix, and by LaCWRLL~ TWIGG and NANC~E THOMPSON, the witnesses, this January 8, 1991. NO ORIDA MY C~MMI~SION EXPIRES 3/2g/9~ ~~ Bond~ru Notary Public Underw~'iters 01/08/91 --3-- F:\User Folder\Finn Docs\Estates\3555-1 certification.wpd CERTIFICATION OF NOTICE UNDER RULE 5.6(a) Name of Decedent: MILDRED H. SHANK Date of Death: April 5, 2004 Will No. 2004-0384 To the Register: I certify that notice of beneficial interest required by Rule 5.6(a) of the Orphans' Court R,u~te s was served on or mailed to the following beneficiaries of the above-captioned estate on May ~__~, 2004. Name Address Richard H. Shank, Jr. 233 Inverness Circle, Chalfonte, Pennsylvania 18914 Robert H. Shank 2505 Bremer Road, Dover, Pennsylvania 17315 Notice has not been given to all persons entitled thereto under Rule 5.6(a) except: N/A HANFT & KNIGHT, P.C. Date: May ]~,2004 Micnael J. an , E~luire Attorney I.D. No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 ~ Telephone (717) 249-5373 c._ Capacity: Counsel for personal representative >-- COMMONWEALTH OF PENNSYLVANIA REV-1162 EX(11-96) DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 PENNSYLVANIA RECEIVED FROM: INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT NO. CD 004120 SHANK ROBERT H 2505 BREMER ROAD DOVER, PA 17315 ACN ASSESSMENT AMOUNT CONTROL NUMBER ........ fold .......... 101 $12,500.00 ESTATE INFORMATION: SSN.' 167-03-3439 FILE NUMBER: 21 04-0384 DECEDENT NAME: SHANK MILDRED H DATE OF PAYMENT: 07/06/2004 POSTMARK DATE: 07/05/2004 COUNTY: CUMBERLAND DATE OF DEATH: 04/05/2004 TOTAL AMOUNT PAID: $12,500.00 REMARKS: ROBERT P SHANK CHECK# 995 INITIALS: VZ SEAL RECEIVED BY: GLENDA FARNER STRASBAUGH REGISTER OF WILLS REGISTER OF WILLS COMMONWEALTH OF PENNSYLVANIA REV-1162 EX(11-96) DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 PENNSYLVANIA RECEIVED FROM: INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT NO. CD 004799 SHANK ROBERT H 2505 BREMER ROAD DOVER, PA 17315 ACN ASSESSMENT AMOUNT CONTROL NUMBER ........ fold 101 $3,309.53 ESTATE INFORMATION: SSN: 167-03-3439 :ILE NUMBER: 2104- 0384 DECEDENT NAME: SHANK MILDRED H DATE OF PAYMENT: 01/05/2005 POSTMARK DATE: 01/05/2005 COUNTY: CUMBERLAND DATE OF DEATH: 04/05/2004 TOTAL AMOUNT PAID: $3,309.53 REMARKS' RH SHANK CHECK//998' INITIALS: VZ SEAL RECEIVED BY: GLENDA FARNER STRASBAUGH REGISTER OF WILLS REGISTER OF WILLS .... REV-1500 COMMO"W~LTHO. PE..SYLVA.~ INHERITANCE TAX RETURN F,'E,U,,eER DEPARTMENT OF REVENUE OE.T. 28o6o, RESIDENT DECEDENT 21 04 00384 HARRISBURG, PA 17128-0601 COUNTY CODE YEAR NUMBER DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER Shan~, Mildred H. ] 67- 03 - 3 43 9 DATE OF DEATH (MM-DD-YEAR) DATE OF BIRTH (MM-DD-YEAR) THIS RETURN MUST BE FILED IN DUPUCATE WITH THE 04/05/2004 08/12/1917 REGISTER OF WILLS IF APPLICABLE) SURVIVING SPOUSE'S NAME ( LAST, FIRST AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER [] 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 death after 12-12-82) [] 5. Federal Estate Tax Return Required [] 6. Decedent Died Testate (Attach copy [] 7. Decedent Maintained a Living Trust (Attach 8. Total Number of Safe Deposit Boxes of Will) copy of Trust) -- [] 9. Litigation proceeds Received [] lO. Spousal Poverty Credit (date of death between [] 11. Election to tax under Sec. 9113(A) (Attach Sch O) 12-31-91 and 1-1-95) ~IAME COMPLETE MAILING ADDRESS Scan M. Shu]tz, F_,squkc Knight & Associates, P.C. 11 Roadway Drive, Suite B mLEPHONE NUMBER Carlisle, PA 17013 717/249-5373 1. Real Estate (Schedule A) (1) None o[~c~^c us~ O~LV 2. Stocks and Bonds (Schedule B) (2) None 3. Closely Hold Corporation, Partnership or Sole-Proprietorship (3) None 4. Mortgages & Notes Receivable {Schedule D) (4) None -5. Cash, Bank Deposits & Miscellaneous Personal Property (5) 368,855.88 (Schedule E) 6. Jointly Owned Property (Schedule F) (6) None ' [] Separate Billing Requested 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7) ]None (Schedule G or L) 8. Total Gross Assets (total Lines 1-7) (8) 9. Funeral Expenses & Administrative Costs (Schedule H) (9) 2,86 6.1 5 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) (10) 4 7.10 11. Total Deductions (total Lines 9 & 10) (11 ) 2,9 ! 3.2 5 12. Net Value of Estate (Line 8 minus Line 11) (12) 3 65,942.63 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been (13) made (Schedule J) 14. Net Value Subject to Tax (Line 12 minus Line 13) (14) 365,942.63 SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, x o00 (15) or transfers under Sec. 9116(a)(1.2) 16. Amount of Line14 taxable at lineal rate 365,942.63 x .045 (16) 16,467.42 17.Amount of Line 14 taxable at sibling rate x .12 (17) 18. Amount Df Line 14 taxable at collateral rate x .15 (18) 19. Tax Due (19) 16,467.42 20. [] Copyright 2000 form software only The Lackner Group, Inc. Form REV-1500 EX (Rev. 6-00) Decedent's Complete Address: I STRJgl~f ADDRESS 301 Harmony Suites 3 Alliance Drive · [CITY Carlisle STATE PA Z~P 17013 Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) (1) 16,467.42 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments 12,.500.00 C. Discount 657.89 Total Credits (A +B+C) (2) 13,157.89 3. Interest/Penalty if applicable D. Interest 0.00 E. Penalty - Total Interest/Penalty (D + E) (3) 0.00 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. (4) ~ Check box on Page 1 Line 20 to request a refund 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) 3,3 09. J 3 A. Enter the interest on the tax due. (5A) ' B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5B) 3,3 0 P, 5 3 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; .................................................................................. b. retain the right to designate who shall use the property transferred or its income; .................................... c. retain a reversionary interest; or ...... . .......................................... d. receive the premise for life of either payments, benefits or care? .... 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? ....................................................................................................................... [] [] 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? ......... [] [] 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? ...................................................................................................................... [] [] IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. preparer other than the personal representative i~ based on all information of which preparer has any knowledge. SIGNATURE OF PERSON RESPONSIBLE FOR FILI~ RETURN ADDRESS DATE R~ 2505 Bremer Road SIGNATURE OF PERSON RB'~;;~ F~ FILING RETURN ADDRESS Dover, PA 17315 DATE SIGNATURE OF PREPARER OTHE~THAN REP[~ESENT~TIVE.,~ ADDRESS Sean M. Shultz, Esquire (~ ~ /~' //~ DATE 11 Roadway Drive, Suite B Carlisle, PA 17013 / / ~'//~ For dates of death on or after July f, 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 3% [72 P.S. §~'16 (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 0% [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 'i, 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 0% [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 4.5%, 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 12% [72 P.S. §9116 (a) (1.3)]. A sibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. SCHEDULE E CASH, BANK DEPOSITS, & MISC. COM~ONW~'T. OF.E..S~VAN~. PERSONAL PROPERTY INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Shank, Mildred H. FILE NUMBER 21 - 04 - 00384 InclUde the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with the right of survivorship must be disclosed on schedule F. ITEM NUMBER DESCRIPTION VALUE AT DATE OF DEATH 1 Mildred H. Shank Trust 158,018.21 2 PNC Bank Checking Account 84.01 3 Wachovia Checking Account 40,372.47 4 Refund from Chapel Pointe 27,600.00 5 Refund from Guideposts 24.50 6 Miscellaneous Refun, ds 214.75 7 5700L Bank Hapoalm 6.5% 2/22/17 cusip 062512HR2 57,427.50 8 Decedent's Cash 68.00 9 TransAmerica Life Insurance Annuity Policy #02SFD045451 53,137.88 10 TransAmerica Life Insurance Annuity Policy #02SFD045470 31,908.56 TOTAL (Also enter on Line 5, Recapitulation) 368,855.88 ,~ SCHEDULE H FUNERAL EXPENSES & COMMONWEALTH OF PENNSYLVANIA INHERfl'ANCE TAX RETURN ADMINISTRATIVE COSIS RESIDENT DECEDENT ESTATE OF Shank, Mildred H. FILE NUMBER 21 - 04 - 00384 Debts of decedent must be reported on Schedule I. ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: 1 Ewing Brothers Funeral Home, Inc. 1,495.00 B. ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions Social Security Number(s) / EIN Number of Personal Representative(s): Street Address City State Zip Year(s) Commission paid 2. Attorney's Fees to Knight & Associates, P.C. 800.00 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address City State Zip Relationship of Claimant to Decedent 4. Probate Fees to Register o£Wills 353.00 5. Accountant's Fees 6. Tax Return Preparer,s Fees 7. Other Administrative Costs 1 The Sentinel - advertise letters 143.15 2 Cumberland Law Journal - advertise letters 75.00 TOTAL (Also enter On line 9, Recapitulation) 2,866.15 SCHEDULE I , DEBTS OF DECEDENT, MORTGAGE COM~ONW~'T.O..ENNS~VAN~ LIABILITIES, & LIENS INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Shank, Mildred H. FILE NUMBER 21 - 04 - OO384 Include unreimbursed medical expenses. ITEM NUMBER DESCRIPTION AMOUNT 1 Sprint 47.10 TOTAL (Also enter on Line 10, Recapitulation) 47.10 REV-tS13 EX+ (9-00) ~ SCHEDULE J ,NHER,~^NCE ~ RE~URN BENEFICIARIES RESIDENT DECEDENT ESTATE OF Shank, Mildred H. FILE NUMBER RELATIONSHIP TO [ AMOUNTOR SHARE NUMBEF; NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY DECEDENT Do Not LI,t Tm~tee/.~) OF ESTATE I. TAXABLE DISTRIBUTIONS (include outright spousal distributions) 1 Trust of Mildred H. Shank dated 1/8/1991 and amended 7/8/1996 100% of estate Enter dollar amounts for distributions shown above on lines 15 through 18, as appropriate, on Rev 1500 cover sheet [~. 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 - ENT~-~ TC3TAI I'J~Id_T~,¥AU~ c nlew-n,~,. ........................ ~IBUTIONS ON LINE 13 OF REV-1500 COVER SHEE LA S T WILL AND TESTAMENT '04 .~?R 22 "~"~" :3.~ F~XLDRED H. S~ i, ~ILDRED H. SHA/~, a resident of Pine!las County, Florida, being of sound mind and disposing memory, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking any and all other Wills and Codicils heretofore made by me. ITEM ONE I direct that my just debts and my funeral expenses be' paid as soon after my death as may be reasonably convenient. ITEM TWO I give and devise such of my tangible personal property to those persons designated in a Separate Writing in existence at the time of my death which is signed by me and which describes the items and the devisees with reasonable certainty. In the event no such separate writing is attached to my Will at the time of my death, it shall be presumed that I elected not to utilize such separate writing instrument. ITEM THREE All the rest, residue and remainder of my estate, whether the same be real, personal or mixed, of whatsoever and wheresoever 01/08/91 situated, including without limitation all property over which I have a power of appointment and all lapsed legacies and bequests which are not otherwise devised by this Will, I give, devise and bequeath to my husband, RICHARD p. SHANK, if he is living, and, if not, then to my revocable living trust dated this January 8, 1991, and shall be distributed according to the terms and conditions therein stated. ITEM FOUR I hereby nominate, constitute and appoint my husband, RICHARD P. SHANK, as Personal Representative of this my Last Will and Testament, and to serve without bond or security, with full power to do all acts I might do if living such as (without limiting) sell or encumber real or personal property, all without court order. I hereby nominate, constitute and appoint ROBERT H. SHANK, as Successor Personal Representative of this my Last Will and Testament. I hereby nominate, constitute and appoint RICHARD p. SHANK, JR., as second Successor Personal Representative of this my Last Will and Testament. The Personal Representative shall not be liable for damages or loss caused by honest errors of judgment made by him or his agents or employees or by any good faith exercise of the discretions given to the Personal Representative. IN WITNESS WHEREOF, I, MILDRED H. SHANK, have hereunto set my hand and affixed my seal at Pinellas County, Florida, this January 8, 1991. ~l ~hDREDH. SHAI~K 01/08/91 I -2- Signed, sealed, published, and declared as and for her Last Will and Testament by her, the above named Testatrix in the presence of us who have seen the Testatrix sign, and who have affixed our names as attesting witnesses hereto, in her presence, at her request, and in the presence of each other, this day and ye~ar las~t set forth above. STATE O~LORIDA COUNTY ~OF PINELLAS ~ i// ' We, MILDRED H. SHANK, LaCHELLE TWIGG and NANCYE THOMPSON, the Testatrix and the witnesses respectively, whose names are signed to the attached or foregoing instrument, having been sworn, declared to the undersigned officer that the Testatrix signed the instrument as her Last Will and Testament, that she signed, and that each of the witnesses, in the presence of the Testatrix and in the presence of each other, signed the Will as a witness. MILDRED H. SHANK Witness / STATE OF FLORIDA COUNTY OF PINELLAS SWORN TO and subscribed before me by MILDRED H. SHANK, the Testatrix, and by LaCHR. T.T.R TWIGG and NANCYE THOMPSON, the witnesses, this January 8, 1991. ii NOT . P~LIC, STA~ OF FiIOR~'D~ ! ExPI S · Bonded t~ru Notary Public Under~.r:'iters 01/08/91 --3-- TRUST AGREEMENT OF RICHARD P. SHANK andMILDRED H. SHANK THIS AGREEMENT is executed this January 8, 1991, between. RICHARD P. SHANK and MILDRED H. SHANK, residents of Pinellas County, Florida, hereinafter called the "Grantors", and the said RICHARD P. SHANK and MILDRED H. SHANK, hereinafter called the "Trustees". In the event of the incapacity or upon the death of either Grantor then the surviving Grantor shall serve as sole Trustee. In the event that both Grantors shall die at the same time or the circumstances prevent determining who died first, but the deaths occurred in near proximity, or in the event that both' Grantors are unable or unwilling to serve, then ROBERT H. SHANK, shall serve as first successor, sole Trustee. In the event that both Grantors and ROBERT H. SHANK, are unable or unwilling to serve, then RICHARD P. SHANK, JR., shall serve as second successor, sole Trustee. Any individual Successor Trustee(s) shall be entitled to a reasonable fee. W I T N E S S E T H: THAT, the Grantors desire to create a trust into which they may transfer assets during their lifetime and/or by their Last Will and Testament. 01/08/91 NOW, THEREFORE, for and in consideration of the covenants herein contained and for Ten Dollars ($10.00), and other good and valuable considerations, the Grantors, hereby transfer, assign and deliver to the Trustees all assets shown on the Schedule "A" annexed hereto and made a part hereof, receipt of which in trust is hereby acknowledged by the said Trustees to be held and administered, together with all other property that may from time to time be added to this trust, IN TRUST, for the uses and purposes and upon the following terms and conditions: ARTICLE I GRANTORS' LIFE INTEREST: The Trustees shall pay the entire net proceeds from the income of the Trust Fund to or for the benefit of the Grantors in monthly or other convenient installments' for so long as they may live. In addition thereto the Trustees shall make payments from the principal of the Trust Fund to or for the benefit of the Grantors in such sums and at such times as the Grantors may request from time to time. In the event that the Grantors shall be unable, in the opinion of the Trustees (which term includes any successor Trustee), to make such request then the Trustees shall assume the duties of Trustee (as hereinafter provided) and shall expend such amounts to properly care for the Grantors, in a style of living to which they have been accustomed. Successor Trustee shall also pay any mortgage payments on Grantors' home. 01/08/91 -2- anticipate, pledge, assign, sell, transfer, alienate or encumber his or her interest in the trust in any way; nor shall any such interest in any manner be liable for or subject to the debts, liabilities or obligations of such beneficiary or claims of any sort against such beneficiary. ~ ARTICLE V · RUSTEE(S) POWERS: The Trustee(s) shall have full power: A. Sell, Lease, Mortgage, etc. To buy and sell at public or private sale, exchange or lease or mortgage any property, real or personal, at any time constituting a portion of the Trust Fund, upon such terms and conditions as the Trustee(s) shall deem wise; B. Investments. To invest and reinvest the Trust Fund or any part thereof in any property, real or personal, including common and preferred stocks, investment trusts and mutual funds and other securities as the Trustee(s) shall deem wise; C. Proxies. In respect to any securities, to vote upon any proposition or election at any meeting and to grant proxies, discretionary or otherwise, to vote at any such meeting; D. Unproductive Assets. To retain, invest or reinvest any part of the Trust Fund in unproductive property, real or personal, without any duty to change the form of investment or apportion the proceeds of any sale between tenant and remainderman; E. Distribution in Kind. The Trustee(s) shall have full power to make distributions in kind, i.e., either in the form of trust assets or cash, or a combination of both; F. Dete~m{nation of What is Income and Principal. To determine what is "Principal" and what is "Income" hereunder, in the Trustee(s) discretion, without regard to any statute or rule of law, provided standard acceptable accounting principles are followed. The Trustee(s) shall not be bound by the following Sections of the Florida Statutes, and shall exercise discretion in lieu thereof: (a) Section 738.07, Florida Statutes, concerning bond premium and discount; (b) Section 738.12, Florida Statutes, concerning underproductive property; (c) Section 738.13, Florida Statutes, concerning income and principal; G. N~thod of Holding Title. To hold bonds, shares or other securities in bearer form, or in the name of the 01/08/91 --4-- Trustee(s) or other nominee without indication of any fiduciary capacity; to deposit cash in a checking or savings account in a bank or savings and loan association and withdraw from the same .without indication of fiduciary capacity; H. Withdrawal Payments. To enter into any fixed or level payment withdrawal plan with any mutual fund(s) authorizing payment to the Grantors or any other beneficiary hereunder of a specified monthly amount or amounts payable from income dividends, capital gains distributions, and to the extent necessary, from the proceeds of liquidation of shares of such mutual fund(s) with a custodian or other agent pursuant to any such authorization; I. ~arq~n Accounts, Options, etc.. To buy and sell securities in a margin account, to purchase and sell put and call options, to buy and sell commodities, future contracts of any type and to speculate in foreign currencies and precious metals; j. General Provision. To exercise any and all powers and discretions given to a Trustee from time to time under the Florida Uniform Trust Administration Law and the other laws of the State of Florida not inconsistent with the provisions hereof. ARTICLE VI DUTIES OF TRUSTEE(S): The Trustee(s) shall have the duty. to file any required income tax, intangible tax, or other tax returns for the Trust and to see that any taxes due are paid thereon. The Trustee(s) shall have the duty to maintain records of receipts and disbursements of the Trust and the Trustee(s) shall also have the duty to account for all Trust proceeds of any type. ARTICLE VII SUCCESSION OF TRUSTEE(S)= A. Upon the death, resignation or incapacity of any active Trustee the next successor Trustee shall assume the capacity of any active Trustee without further act or order and such successor Trustee assuming an active fiduciary capacity shall 01/08/~1 of a successor and the judicial settlement of such Trustee's accounts. ARTICLE IX EXONERATION FOR DUTY TO AUDIT: Any successor Trustee shall not be required or compelled, or be under any duty to examine, verify or audit the books, records or accounts of any preceding Trustee and shall not be responsible for any acts of or omissions of the resigning or any other Trustee hereunder. ARTICLE X RULE AGAINST PERPETUITIES: Anything in this Trust Agreement to the contrary notwithstanding, no Trust created hereunder shall defer the vesting of any interest beyond twenty- one (21) years after the death of the last to die of the beneficiaries herein and upon the expiration of such period all trust shall in any event vest and the assets thereof shall be distributable to those beneficiaries (and in the same proportions) as are then receiving the income therefrom. ARTICI~ XI A. NON-LIABILITY OF THIRD PARTIES: Bank institutions, savings and loan institutions and stock brokerage firms and stock transfer agents, as well as all other third persons are authorized to rely on the provisions of this Trust instrument and are exonerated from any loss, claim or liability in relying on said instrument and its provisions. Parties dealing with the Trustee(s) 01/08/91 --7-- ARTICT.R XIII PAYMENT OF TAXES AND EXPENSES: The Trustee(s), in their sole discretion, may pay estate taxes, inheritance taxes and other death taxes due because of the Grantor's death, if not otherwise paid, such to include taxes attributable to the subject Trust Assets. The Trustee(s) in their sole discretion may make certain elections pertaining to the filing of the Estate Tax Return and the Estate's Income Tax Returns. The Trustee(s) may make such elections without the necessity for making any adjustments between beneficiaries because of having made such elections and further, the Trustee(s) are exonerated from all liability for having made such elections. The Trustee(s) also are authorized to pay expenses or claims against the Grantor(s) whether occurring before or after the death(s) of the Grantor(s). ARTICLE XIV GOVERNING LAW: This Agreement shall be construed and regulated in all respects by the Laws of the State of Florida. 01/08/91 SCHEDULE FIRST AMENDMENT TO TRUST AGREEMENT OF RICHARD P. SF~%/~K and MILDRED H. SF~N-K MADE THIS ~ day of July, 1996, by MILDRED H. SHANK, resident of Pinellas County, Florida, as Grantor and Trustee. THE AGREEMENT establishing the Trust Agreement of RICF~RD P. SHANK and MILDRED ~. SHANK, dated the 8TH day of JANUARY, 1991, is hereby amended pursuant to Article XV in the following respects: Instead of as provided, the Grantor and Trustee, RICHARD P. SfL%/~K, is now deceased and MILDRED ~. SF~%AVK is the sole Grantor and Trustee. The Trust Agreement shall hereafter be known as the TRUST AGREEMENT OF MILDRED ~. SftANK. ARTICLE V: TRUSTEE(S) POWERS: SHALL BE AMENDED AS FOLLOWS: 1. Paragraph F, shall be restated in its entirety as follows: (a) Determination of What is Income and Principal. To determine what is "Principal" and what is "Income" hereunder, in the Trustee(s) discretion, without regard to any statute or rule of law, provided standard acceptable accounting principles are followed. The Trustee(s) shall have the power and authority according to Florida Statutes under Section 737.401 through 737.406, except the Trustee(s) shall have the power to waive any compliance with regards to Section 737.402(4). The Trustee(s) shall 07/08/96 --1-- Joseph F. Pippen, Jr., ATTORNEY AND COUNSELOR AT LAwP. O. BOX 10005, Largo, Florida 34641 not be bound by the following Sections of the Florida Statutes, and shall exercise discretion in lieu thereof: (a) Section 738.07, Florida Statutes, concerning bond premium and discount; (b) Section 738.12, Florida Statutes, concerning underproductive property; (c) Section 738.13, Florida Statutes, concerning income and principal. IN ALL OTHER RESPECTS, THE TRUST AGREEMENT SHALL REMAIN AS FIRST MADE. IN WITNESS W}{EREOF, MILDRED ~. S~IANK has signed this First Amendment to her Trust Agreement as Grantor and Trustee. Signed, Sealed and Delivered in the Presence of: , ~ As Grantor and Trustee 07/08/96 --2-- ,Zome~ F. Pippen, Jr., ATTORNEY AND COUNSELOR AT LawP. O. BOX lO005, Largo, Florida 34641 STATE OF FLORIDA COUNTY OF PINELLAS We, MILDRED H. SHANK, PATRICIA A. STARNES and ANGELA M. TULLY, the Grantor/Trustee and the witnesses respectively, whose names are signed to the attached or foregoing instrument, having been sworn, declared to the undersigned officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared MILDRED H. SHANK, PATRICIA A. STARNES and ANGELA M. TULLY, to me known to be the persons described in or has produced a driver's license as identification and that the Grantor/Trustee signed the instrument as her Trust Agreement, that she signed, and that each of the witnesses, in the presence of the Grantor/Trustee and in the presence of each other, signed this document as a witness. MILDRED H. SHANKn W~tn~s STATE OF FLORIDA COUNTY OF PINELLAS SWORN TO and subscribed before me by MILDRED H. SHANK, the Grantor/Trustee, and by PATRICIA A. STARNES and ANGELA M. TULLY, the witnesses, this Ju,Ly~8, 1996. //~ Bonde~/thru Notar Publ' = 07/08/96 --3-- Joseph F. Pippen, Jr., ATTORNEY AND COUNSELOR AT LAwP. O. SOX 10005, Largo, Florida 34641 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE *' BUREAU OF INDIVlDOALtAXtiii) INHERITANCE TAX OIVISIOK":i: PO BOX 280601 HARRISBURG PA 17128-0601 NOTICE OF INHERITANCE TAX APPRAISEMENT~ ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX REY-1547 EX AFP (12-04) ~ (:.;~ IV II. 4t~ II' . V DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN 03-21-2005 SHANK 04-05-2004 21 04-0384 CUMBERLAND 101 Allount Rellitted MILDRED H (~IE..RI< 'J;_ ,<,-. O\r)Pl-ll\f< l:ti:; i1t Ili.- 'tl \1 ~"'} SEAN M rslHUEfZESQ KNIGHT & ASSOCS 11 ROADWAY DR STE B CARLISLE PA 17013 MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE~ PA 17013 CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~ REv:r!~'''E;t.AF,r.r&r:6J''.N5''.I.CE.O'F.i:'N'HE;tifANCE.TAX.APPRA.isEME'Ni':.ALlO'WANc"E.OR'.............. ... DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF SHANK MILDRED H FILE NO. 21 04-0384 ACN 101 DATE 03-21-2005 TAX RETURN WAS: (X) ACCEPTED AS FILED ) CHANGED RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule B) 3. Closely Held Stock/Partnership Interest (Schedule C) 4. Hortgages/Notes Receivable (Schedule D) 5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) 7. Transfers (Schedule G) 8. Total Assets (1) (2) (3) (4) (5) (6) (7) .00 .00 .00 .00 368.855.88 .00 .00 (8) NOTE: To insure proper credit to your account~ submit the upper portion of this form with your tax payment. 368.855.88 APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) 10. Debts/Mortgage Liabilities/Liens (Schedule I) 11. Total Deductions 12. Net Value of Tax Return 13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J) 14. Net Value of Estate Subject to Tax (9) (10) 2~866.15 47.10 (1lJ (12) (13) (14) 2.913 25 365~942.63 .00 365~942.63 I~ an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will r~lect ~igures that include the total o~ ALL returns assessed to date. ASSESSMENT OF TAX: 15. AlIOunt of Line 14 at Spousal rate (15) 16. Amount of Line 14 taxable at Lineal/Class A rate (16) 17. Amount of Line 14 at Sibling rate (17) 18. Amount of Line 14 taxable at Collateral/Class B rate (18) 19. Principal Tax Due NOTE: .00 365~942.63 .00 .00 X 00 = X 045 = X 12 = X 15 = (19)= .00 16~467.42 .00 .00 16~467.42 ~ TAY CDEDITS: , .......... ..0:;..0:;....., l+J AMOUNT PAID DATE NUHBER INTEREST/PEN PAID (-) 07-05-2004 CD004120 657.89 12~500.00 01-05-2005 CD004799 .00 3~309.53 TOTAL TAX CREDIT 16.467.42 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 TOTAL DUE .00 . IF PAID AFTER DATE INDICATED~ SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS LESS THAN $l~ NO PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR)~ YOU MAY BE DUE It. REFUND. SEE REVERSE SIDE OF THIS FORM ~nD T"~TDII"TT"~'" , ORPHANS' COURT DIVISION OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATUS REPORT UNDER RULE 6.12 Name of Decedent: Mildred H. Shank Date of Death: April 5, 2004 Admin. No. 21-04-0384 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes~ No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No. 1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes No ---X b. The separate Orphans' Court No. (if any) for the personal representative's account IS: c. Did the personal representative state an account informally to the parties in interest? Yes~No d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. Date: \\ l J If us Respectfully submitted, t::-, (-::. ~6~~~ Attorney ill No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Counsel for personal representative C.: . I I l~ '_ .( F:\Uscr Folder\Firm Docs\Estates\3555-lstatus.report.wpd 0l