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HomeMy WebLinkAbout01-23-09J 15056D7121 REV-1500 EX (06-05) PA Department of Revenue OFFICIAL USE ONLY Bureau of Individual Taxes County Code Year File Numt~er PO BOX 280601 INHERITANCE TAX RETURN Hamsbu , PA 17128-0601 RESIDENT DECEDENT 2 1 0 8 1 1 2 0 ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death Date of Birth 1 3 3 0 7 9 9 6 0 1 1 0 7 2 0 0 8 1 2 3 0 1 9 2 0 Decedent's Last Name Suffix Decedent's First Name K O V A C S MI F R E D E R I C K A (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MI K O V A C S S H I R L E Y Spouse's Social Security Number I THIS RETURN MUST BE FILED IN DUPLICATE WITH THE FILL IN APPROPRIATE OVALS BELOW REGISTER OF WILLS Q 1. Original Return ~ 2. Supplemental Return 3. Remainder Return (date of death 4. Limited Estate ~ prior to 12-13-82) 4a. Future Interest Compromise (date of ~ 5. Federal Estate Tax Return Required death after 12-12-82) QX 6. Decedent Died Testate ~ 7. Decedent Maintained a Livin Trust 0 (Attach Copy of Will) g 8. Total Number of Safe Deposit Boxes (Attach Copy of Trust) 9. Litigation Proceeds Received ~ 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 L I N U S E F E N I C L E 7 1 7 7 6 3 1 3 8 3 Firm Name (If Applicable) R E A L E R & A D L E R P C First line of address 2 3 3 1 M A R K E T S T R E E T Second line of address City or Post Office C A M P H I L L State ZIP Code P A 1 7 0 1 1 ~~--- N ~~WILLS US~NLY _ '--; __ _, , - °` r T~ ' ~ ~ -f'1 _~ 1F -T6ATE FILED (,n '~ ~~~ Correspondent'se-mail address:LFENICLEaREAGERADLERPC • COM Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, 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 prepan:r has any knowledge. SIGNATURE OF PERSON RESPONSIBLE FOR FILING RETURN ~- J~' ,~~~ DATE ADDRECC .. ~ J~ 5315 COBBLESTONE DRIVE MECHANICSBURG SIGNATUR ARER ~ REPR ENTATIVE P A 17 0 5 5 ADDRES ~ ~E ~~ 2331 MARKET STREET CAMP HILL PLEASE USE ORIGINAL FORM ONLY P A 17 011 Side 1 1505607121 1505607121 J 150567221 REV-1500 EX Decedent's Social Security Number Decedent's Name: FREDERICK A• KOVACS 1 3 3 0 7 9 9 6 0 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. 4. Mortgages & Notes Receivable (Schedule D) ..... . . . . . . . . . . . . . 4 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) ....... 5. 1 1 D B 4 3 . 1 0 6. Jointly Owned Property (Schedule F) ^ Separate Billing Requested ....... 6. 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (Schedule G) ^ Separate Billing Requested ....... 7. 8. Total Gross Assets (total Lines 1-7) , , , , ... , , , .. 8 1 1 0 8 4 3 , 1 0 9. Funeral Expenses & Administrative Costs (Schedule H) ................ 9. 2 9 6 4 ~ D 0 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) ............ 10. 11. Total Deductions (total Lines 9 & 10) ........................... 11. 2 9 6 4 , 0 D 12. Net Value of Estate (Line 8 minus Line 11) .......... ........ .... ... 12. 1 D 7 8 7 9 ], 0 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which ~ an election to tax has not been made (Schedule J) , ... , 13 14. Net Value Subject to Tax (Line 12 minus Line 13) ... ........ .... ... 14. ], 0 7 8 7 9 . 1 0 TAX COMPUT ATION -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 _ 8 2 8 7 8. 1 0 15. 0 0 0 16. Amount of Line 14 taxable . at lineal rate x .045 2 5 0 0 1. 0 0 1s. 1 1 2 5. 0 5 17. Amount of Line 14 taxable at sibling rate X .12 0 O D 17, 0 0 0 18. Amount of Line 14 taxable . at collateral rate X .15 D 0 0 18. 0 0 0 19. Tax Due ....................................... ......... 19. 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT Side 2 1505607221 1 1 2 5. 0 5 1505607221 J PEV-1500 EX Page 3 Decedent's Complete Address: DECEDENT'S NAME FREDERICK A. KOVACS STREET ADDRESS --- 5315_COBBLESTONE DRIVE CITY MECHANICSBURG Tax Payments and Credits: ~ • Tax Due (Page 2 Line 19) 2. Credits/Payments A. Spousal Poverty Credit File Number 21 08 1120 STATE i ZIP PA ~ 17055 (1) 1,125.05 B. Prior Payments 1,068.80 C. Discount ! 56.25 InteresUPenalty if applicable Total Credits (A + B + C) (2) #~ 1,125.05 i _r D. Interest E. Penalty ~. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT Total InteresUPenalty (D + E) (3) 0.00 i Fill in oval on Page 2, Line 20 to request a refund. (4) 0.OD ~. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. {5) 0 . D O A. Enter the interest on the tax due. (5A) B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (56) 0 . D 0 Make Check Payable to: REGISTER OF WILLS, AGENT PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: ~' a. retain the use or income of the property transferred; Yes No ...................................................................... ^ a b. retain the right to designate who shall use the property transferred or its income; .......................... ^ Q ,., c. retain a reversionary interest; or ................ d. receive the promise for life of either payments, benefits or care? .............................. _ 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death ^ without receiving adequate consideration? ^ ........................................................ 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? ......... ^ Q 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? .......................................................__ n r:~ IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN der 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)]. t~or 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 exemot a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and !ing a tax return are still applicable even if the surviving spouse is the only beneficiary. i=or 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 lineal beneficiaries is four and one-half (4.5) percent, except as noted in ?2 P.S. §9116(1.2) [72 P.S. §9116(a)(1)]. '!'he 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 :~~~ction 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. REV-1508 EX + (6-98) ! COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY FREDERICK A• KOVACS FILE NUMBER •- 21 ^8 1120 InGude the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with right of survivorshi must b di ITEM p e sclosed on Schedule F. ~~VUMBER DESCRIPTION VALUE AT DATE ~• CENTRIC BANK - CERTIFICATE OF DEPOSIT X3021221 OF DEATH 3601 VARTAN WAY 101,568.10 HARRISBURG, PA 17110 2• SATURN VUE - CAR 9,275.00 TOTAL (Also enter on line 5 Recapitulation) I $ (If more space Is needed Insert addltlonal sheets of the same size) 110 , 8 4 3 10 REV-1511 EX + (10-06) COMMONWEAL-rH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FREDERICK A. KOVACS SCHEDULE H FUNERAL EXPENSES ~ ADMINISTRATIVE COSTS Debts of decedent must be reported on Schedule I. ITEM NUMBER DESCRIPTION A• FUNERAL EXPENSES: 1. B• ADMINISTRATIVE COSTS: ~ • Personal Representative's Commissions Name of Personal Representative (s) Street Address City State Zip Year(s) Commission Paid: 2. AttomeyFees REAGER 8 ADLER, PC 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 CUMBELRAND COUNTY REGISTER OF WILLS 5• Accountant's Fees 6• Tax Retum Preparers Fees ~• LEGAL ADVERTISEMENT - CENTRAL PENN BUISNESS JOURNAL 8• LEGAL ADVERTISEMENT - CUMBELRAND LAW JOURNAL 9• SHORT CERTIFICATES - CUMBERLAND COUNTY REGISTER OF WILLS TOTAL (Also enter on line 9 Recapitulation) I $ (If more space is needed, insert adddional sheets of the same size) FILE NUMBER 21 08 112 AMOUNT 2,500.00 306.00 79.00 75.00 4.00 2,964. REV-1513 EX + (9-00) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE J BENEFICIARIES w~n~~vr FREDERICK A._KOVACS NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY I TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under Sec. 9116 (a) (1.2)) 1. SHIRLEY I. KOVACS 5315 COBBLESTONE DRIVE MECHANICSBURG, PA 17D55 2. DEBORAH KOVACS (SPECIFIC BEQUEST) 1233 OVERSTREET DRIVE PRESCOTT, AZ 863D3 3. STUART KOVACS (SPECIFIC BEQUEST) 97A1247, 354 HUNTER STREET OSSINING, NY 1D562 FILE NUMBER 21 D8 RELATIONSHIP TO DECEDEN Do Not List Trustee(s) Spousal Lineal Lineal D AMOUNT OR SHARE OF ESTATE 82,878.10 25,ODO.DO 1.DD ~ 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 1. B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS .__ 1 TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV 1500 COVER SHEET __ (If more space Is needed, Insert addltlonal sheets of the same size) $ REV-1500 Discount, Interest and Penalty Worksheet Discount Calculation Total Amount Paid within three calendar months of the decedent's date of death: 1,068.81] Discount: ____ _ 56.25 9~iterest Table Year Before 1981 1982 ----------- 1983 --- ---- -- ------- 1984 F----- 1985 1986 -- 1987_--_-_- :198_8. through 1991 l"4'992 ---- -1993 through 1994 1995 through 1998 '~ 1999_____ 2000 .2001 '-.2002 20_03_ I~ 2004 _ -- ------- ~ 2005 _ --- - - 2006 ~4z~?--- ------- 2008 ------- -_ TOTA Days Delinquent I Balance Due ~ Interest this time period this year this period :'enalty Calculation If,the decedent's date of death was on or before March 31, 1993, insert the applicable amount: .1 Tiital Balance Due on January 17, 1996: penalty: she\ctr\willsUCovacsF. Wil] July 13, 2001 ' LAST WILL AND TESTAMENT ~ Q ~o ,ter ~ _, _ ~ FREDERICK A. KOVACS °~%->~ w `~--; ~- -, ~ ~ _ _ ~- ~ ~ : __' I, FREDERICK A. KOVACS, of Harrisburg, Dauphin County, Penns Mani be' sound and disposing mind, memory and understanding, do hereby make, publish and declare~5~- ny .. ''f Last Will and Testament, hereby revoking any and all prior Wills and Codicils thereto by me at anytime heretofore made. 1. FAMILY. 1.1 Identification of Family. I declare that I am married to SHIRLEY I. KOVACS and that there are currently no children (as herein defined) of this marriage, however I have one daughter, DEBORAH KOVACS, and one son, STEWART KOVACS, from a previous marriage. 1.2 Definition of Family Terms. As used in this Will, the term "my spouse" shall mean only SHIRLEY I. KOVACS. As used in this Will, the terms "my child" or "my children" refers to all my natural children, adopted children, and stepchildren. As used in this Will, the term "issue" refers to all lineal descendants of the indicated person of all generations, with the relationship of parent and child at each generation determined by the definition of "children" set forth in this paragraph. 2. PAYMENT OF BURIAL EXPENSES AND DEBTS. 2.1 Description of Expenses and Debts. I authorize my executor to pay all the expenses of (1) a funeral or memorial service; (2) the internment of my remains, including the -costs of a gravesite, if necessary; and (3) the installation and inscription of a suitable marker at, and perpetual care of, the gravesite. I further direct my executor to pay all of my debts that my executor in his or her sole discretion may allow as claims against my estate. 3• SPECIFIC BEQUESTS I give and bequeath the following: A. To my daughter, DEBORAH KOVACS, I give the sum of Twenty-five Thousand Dollars ($25,000.00) cash. B. To my son, STEWART KOVACS, I give the sum of One Dollar ($1.00). .;~- ~1 1 FREDERI K A. KOVACS shclctt1wi11s1ICovacsF.Wlll July 1$, 2001 5. DISPOSITION OF RESIDUARY ESTATE. 4.1 Disposition to Spouse. All of the rest, residue and remainder of the property that I own at the time of my death, both real and personal, and of every kind and description, wherever situated, to which I may be legally or equitably entitled at the time of my death (my "residuary estate"), I give outright and absolutely to my spouse, SHIRLEY I. KOVACS, if she survives me. 4.2 In the event my spouse is not living on the sixtieth (60) day after the date of my death, except as otherwise provided, I leave all the rest, residue and remainder of the property that I own at the time of my death, both real and personal, and of every kind and description, wherever situate, to which I may be legally or equitably entitled at the time of my death (my "residuary estate") as follows: A. One-sixth thereof to my step-daughter, VICKIE L. GRAY, if she survives me. If my step-daughter, V)ECKIE L. GRAY does not survive me, I devise and bequeath her one-sixth share to her issue per stirpes who survive me. And if my step-daughter, VICKIE L. GRAY does not survive me and does not have any issue who survive me, then this one-sixth share will be added equally to the shares of my other herein named step-children and step-grandchildren as set forth herein. B. One-sixth thereof to my step-daughter, DEBRA K. CHRISTIE, if she survives me. If my step-daughter, DEBRA K. CHRISTIE does not survive me, I devise and bequeath her one-sixth shaze to her issue per stirpes who survive me. And if my step-daughter, DEBRA L. CHRISTIE does not survive me and does not have any issue who survive me, then this one-sixth share will be added equally to the shares of my other herein named step-children and step-grandchildren as set forth herein. C. One-sixth thereof to my step-son, DAVID W, LAMBERT, III, if he survives me. If my step-son, DAVID W. LAMBERT, III does not survive me, I devise and bequeath his one-sixth share to his issue per stirpes who survive me. And if my step-son, DAVID W, LAMBERT, III does not survive me and does not have any issue who survive me, then this one-sixth share will be added equally to the shares of my other herein named step-children and step-grandchildren as set forth herein. D. One-sixth thereof to my step-daughter, PAMELA RAE SMITH, if she survives me. If my step-daughter, PAMELA RAE SMITH does not survive me, I devise and bequeath her one-sixth share to her issue ~~ l ~~~ 2 FRED CK A. KOVACS shc\ctr\wills\ICovacsF. Will July 1 ~, 2D01 per stirpes who survive me. And if my step-daughter, PAMELA RAE SMITH does not survive me and does not have any issue who survive me, then this one-sixth share will be added equally to the shares of my other herein named step-children and step-grandchildren as set forth herein. E. One-sixth thereof to my step-daughter, TRACY L. ROGER, if she survives me. If my step-daughter, TRACY L. ROGER does not survive me, I devise and bequeath her one-sixth share to her issue per stirpes who survive me. And if my step-daughter, TRACY L. ROGER does not survive me and does not have any issue who survive me, then this one-sixth share will be added equally to the shares of my other herein named step-children and step-grandchildren as set forth herein. F. One-sixth thereof to be divided equally between my step- grandchildren and my wife's grandchildren, LISA MARIE WHITEBREAD, SCOTT CHRISTOPHER WHITEBREAD and TIMOTHY RICHARD WHITEBREAD if they survive me. If any of these named step-grand children and my wife's grandchildren do not survive me, I devise and bequeath his or her share of this one- sixth of my residuary estate to his or her issue per stirpes who survive me. If any of my named step-grandchildren and my wife's grandchildren do not survive me and does not have any issue who survive me, then I devise and bequeath that share to be added equally to the shares of my other herein named step-grandchildren as set forth herein 5. POWERS OF ADMINISTRATION. 5.1 Grant of Powers. My executor, in the administration of my estate, (my "fiduciaries") shall have the powers and authorities set forth in this Article 4. These powers and authorities may be exercised by my executor and trustee in their sole and absolute discretion, without the permission or order of any court. These powers shall be supplementary to those conferred by law, including, but not limited to, those set forth in Title 20, Chapter 33, of the Pennsylvania Consolidated Statutes. 5.2 Retention of Assets. My fiduciaries shall have the power to retain any or all property of my estate or trust, however received and acquired, for so long as they deem appropriate. This power may be exercised even though the property may not be of the type authorized by law for investment, and even though the retention may leave a disproportionately large amount of the value of my estate invested in one type of property. ~~ ~ /(ice/~ _ 3 FREDERIe ~ A. KOVACS shclctr\wills\KovacsF. Will JWy 1~, 2001 5.3 Transfer of Assets. My fiduciaries shall have the power to sell, transfer, and convey any property, of whatever nature, including real property, and wherever situated, that I may own at the time of my death, or that may come into my estate or into the trust corpus at or after my death. The sale, transfer, or conveyance may be by public or private sale, at such time, on such terms and conditions, including selling price and credit, in such manner, and for any reason that my fiduciaries deem appropriate, including, but not limited to, the purpose of obtaining net proceeds to be distributed to my residuary beneficiaries. 5.4 Investment. My fiduciaries shall have the power to invest and reinvest any property in my estate or in the trust corpus in preferred and common stocks, bonds, notes, common trust funds (including any managed by any corporate fiduciary), interests in investments, trusts, mutual funds, leases, mortgages on property wherever located, and, generally, in any property and in proportions of property as my fiduciaries deem advisable, even though the investments are not of the character or proportions authorized by applicable law for the investment of the funds. 5.5 Power to Borrow. My fiduciaries shall have the power to borrow money for any purpose, for any periods of time, and on any terms and conditions as they deem advisable (including the power to borrow from any corporate fiduciary), and to pledge, mortgage, or otherwise encumber any property in my estate or in the trust corpus to secure repayment of any loan, as well as the power to renew existing loans either as maker or endorser. 5.6 Power to Hold Property in Nominee Form. My fiduciaries shall have the power to hold any property in .the name of a nominee or in bearer form. 5.7 Distribution in Cash or in Kind. My fiduciaries shall have the power to make distributions in cash or in kind; or partly in cash, in divided or undivided interests, as amended, or other applicable law, and to determine which assets shall be sold and which shall be distributed in kind, without notice to or consent by any beneficiary. 5.8 Distribution to Minors and Persons Under Disability. My fiduciaries shall have the power to make distributions or payments to or for the benefit of any beneficiary who is a minor, an incompetent, or who in the fiduciaries' judgment is incapacitated. The distributions or payments shall be made in any one or more of the following ways: (1) directly to the beneficiary; (2) directly to the creditor in payment of the debts or expenses of the beneficiary; (3) to the guardian of the person or estate of the beneficiary; (4) to any custodial parent of a minor beneficiary; (5) to a custodian for the beneficiary under any law related to gifts to minors, including to my fiduciaries in that capacity; or (6) to any other person who shall have the care and custody of the person of the beneficiary. There shall be no duty to see to the application of funds so paid, provided due care was exercised in the selection of the person to whom the ~.r/ 4 FREDE K A. KOVACS shclctr\wi]1slKovacsF. Wil] July I $, 2001 funds were paid, and the receipt of the person shall be full acquittance of the fiduciaries. 5.9 Continuation or Liquidation of Business. My fiduciaries shall have the power to continue or to permit the continuation of any business, incorporated or unincorporated, in which I may have any interest at the time of my death for any period of time, or to liquidate the business on any terms as they deem appropriate. This power includes, but is not limited to (1) the power to invest additional sums in any business, even to the extent that my estate or the trust corpus may be invested largely or entirely in the business, without liability for any loss resulting from lack of diversification; (2) the power to act as or to select other persons to act as directors, officers, or employees of any business, to be compensated without regard to being a fiduciary under this Will; and (3) the power to make. any other arrangements in regard to any business as my fiduciaries shall deem proper. 5.10 Emt-lovment of A Pnt~_ My fiduciaries shall have the power to employ and pay the compensation of any and all attorneys, agents, custodians, attorneys-in-fact, experts, investment counsel, accountants, bookkeepers, or other agents or providers of services as my fiduciaries deem advisable in the administration of my estate. 5.11 Commissions. My fiduciaries shall have the power to take reasonable commissions on account at any time during the administration of my estate or of the trust without the approval of any beneficiary or of the court, but subject to allowance or disallowance on the settlement of the final accounts of my fiduciaries. 5.12 Third Party Reliance. No person or corporation dealing with my executor shall be required to see to the application of any property paid or delivered to my executor, or to inquire into either the authority of my executor to enter into any transaction or the expediency or propriety of any transaction entered into by my executor. 6• PAYMENT OF DEATH TAXES. 6.1 Payment of Estate Taxes. I direct that all federal and Pennsylvania estate taxes payable as a result of taxes assessed on property passing under this Will shall be paid from my residuary estate as a part of the expenses of the administration of the estate. 6.2 Inheritance Tax. I direct that the Pennsylvania inheritance taxes payable as a result of my death shall be paid out of my residuary estate and shall not be deducted or collected from any beneficiary under this Will or other transferee. 5 FREDE _ K A. KOVACS she\ch\wiIlsUCovacsF. Will July 1%, 2001 ` 7. EXECUTOR. 7.1 Appointment. I name, constitute, and appoint my spouse as executor of my estate. If my spouse shall not survive me, shall not serve as executor for any reason, or shall cease to serve as executor for any reason after appointment VICKIE L. GRAY and DAVID W. LAMBERT, III, shall act as Co-executors in her place. 7.2 Bond Not Required. None of the individuals named in Section 7.1 shall be required to furnish a bond for the faithful performance of his or her duties as executor. 8. PRESUMPTION IN CASE OF SIMULTANEOUS DEATH. For the purposes of this Will, in determining whether a person has survived me or another person, (1) my spouse shall be deemed to have survived me it unmistakably appears by proof that she predeceased me; and (2) in all other cases; a person shall not be deemed to have survived me or another person if he or she dies within sixty (60) days of my death or of the death of the other person. 9. LIABILITY OF EXECUTOR. My executor and trustee shall not at any time be liable for mistake of law or of fact, or both law and fact, or errors of judgment, nor for any loss coming to any beneficiary under this Will, or to any other persons, except through actual fraud or willful misconduct on the part of the executor or trustee. My executor or trustee may, from time to time, consult with counsel with respect to the meaning, construction, and operation of this Will, particularly with respect to the appointments, allocations, .and disbursements, and may act on the advice of counsel in all matters without incurring liability on account of his or her actions. 10. INTERPRETATION. 1 1. l Will Not Contractual. My spouse and I are executing Wills at approximately the same time, in which each of us is the primary beneficiary of the Will of the other. These Wills are not being executed pursuant to any contract to make a Will or any contract not to revoke a Will. The Will of each of us is revocable at any time, whether before or after the death of the other spouse, at the sole discretion of the spouse .making the Will. 11.2 Successors of Fiduciaries. All pronouns referring. to an executor or trustee and the terms "executor" and "trustee" shall be construed to mean any person acting as my executor, co-executor, co-trustee, trustee, or administrator, as the case may be. 11.3 Number and Gender. If required by the context of this Will, singular language shall be construed as plural, plural language shall be construed as singular, and the gender of personal pronouns shall be construed as either masculine, feminine, or neuter. ~,_~G~ ~,,,,_ she\ctr\wills\ICovacsF. Wil] July I ~, 2001 11.4 Headiness. All headings used in this Will to describe the contents of each article, paragraph, or other division are provided for convenience only and shall not be construed to be a part of this Will. 11.5 Governing Law. This Will shall be construed in conformity with the law of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of seven (7) typewritten pages, the first six (6 of which bear my signature in the margin for the purpose of identification, this ~--o day of ~ , 2001. ~~ '~ F DERICK A. K VACS ,TESTATOR Signed, sealed, published and declared by the above-named Testator, FREDERICK A. KOVACS, as for his Last Will and Testament, in the sight and presence of us, who, at his request, in his sight and presence and in the sight and presence of each other, have hereunto subscribed our names as wi a es. ~'` Address ~~~~ %~'~,~G~~~~~f ~~~~ ~ --~~i7~ ~~ ~ ~ Address ~~'~~ / // ~~.1~~ ~~,s~~ J ~ ~~r~ ,~~ ~~ ~ 7~i~~ shcictr1wi11s1rCovacsF. W;]1 Ju1Y 1A. 2001 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF~,,C.E,01~~ (~ SS. `- I, FREDERICK A. KOVACS, THE TESTATO FOREGOING INSTRUMENT, HAVING BEEN DULY QUALIFOIED ACCIORDINIG TOD TO THE HEREBY ACKNOWLEDGE THAT I SIGNED AND EXECUTED THE INSTR LAW, DO WILL AND TESTAMENT, THAT I SIGNED IT WILLINGLY• UMENT AS MY LAST AND VOLUNTARY ACT FOR THE P ~ ``~D THAT I SIGNED IT AS MY FREE URPOSES THEREIN EXPRESSED. SWORN OR AFFIRMED TO AND ACKNOWLEDGED BEFORE ME BY KOVACS, THE TESTATOR THIS O /y DAY OF ~G y F~DERICK A. _ 2001. NOTARIAL SEAL CASSANDRA T ROSENBAUM, Nota Public l Harrisburg, Dauphin County ry DE CK A. K VACS, Testator My Commission Expires December 4, 2004 "-'%1 d ~ ~ r COMMONWEALTH OF PENNSYLVANIA Notary Public COUNTY OF ~ , SS. `"~=r--~~~~ 1 wE, ~/r~~r.~ l,' ~~=.~,c~G AND ~.~~ THE WITNESSES WHOSE NAMES ~~~~ ~~. '`~ DULY QUALIFIED ACCORDING TO LAEW,ID pp E AND SAY~T AOT WEINS~ SAW THE AFORESAID TESTATOR SIGN UMENT, BEING AND EXECUTE THE INSTRIJI~,IENT AS~HI~ AST W AND TESTAMENT, THAT HE SIGNED WILLINGLY AND AND VOLUNTARY ACT FOR THE pURpOSES THEREIN E ~SSEHEDEXECUTED IT AS HIS FREE HEA~NG AND SIGHT OF THE TESTATOR SIGNED THE WILL AS WITNESSES•H OF US IN THE ~ BEST OF OUR KNOWLEDGE THE TESTATOR WAS AT THE TIl~2E EIGHTEENA~ THAT TO YEARS OF AGE, OF SOUND MIND AND UNDER NO CONSTRAINT OR UNDUE ~I 8) OR MORE SWORN OR AFF INFLUENCE. ~l L t, IRMED TO AND SUBSCRIBED TO ---__, 2001. ORE 1\'IE, THIS o ><y DAY OF Witness NOTARIAL SEAL CASSANDRA T. ROSENBAUM, Notary Public ' Harrisburg, Dauphin County ~~•- My Commission Expires December 4, 2004 fitness .~sZf~.-dt- ~ ~ rl Notary Public .