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HomeMy WebLinkAbout07-16-09 (2) 15056051058 REV-1500 EX (06-05) PA Department of Revenue OFFICIAL USE ONLY Bureau of Individual Taxes PO BOX 280601 INHERITANCE TAX RETURN County Code Year File Number - - Harrisburg, PA 17128-0601 RESIDENT DECEDENT °~ 1 v ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death Date of Birth _. __ __ __ ! 10/23/2008 07/26/1925 _ __ Decedent's Last Name Suffix Decedent's First Name MI _. - _. _ _ _ Shaffer Mary _ _ _ _ (If Applicable) Enter Surviving Spouse's Information Below __ Spouse's last Name __ _ _ _ _ __ Suffix Spouse's First Name MI Spouse's Social Security Number __ _ _ _ ___ THIS RETURN MUST BE FILED IN DUPLICATE WITH THE - - - -- REGISTER OF WILLS FILL INAPPROPRIATE OVALS BELOW l: t. Original Return 2. Supplemental Retum 3. Remainder Return (date of death 4. Limited Estate 4a. Future Interest Compromise (date of prior to 12-13-82) 5. Federal Estate Tax Return Required death after 12-12-82) ~°. 6. Decedent Died Testate (Attach Co of Will r 7. Decedent Maintained a Living Trust __ _ _ 8. Total Number of Safe Deposit Boxes py ) (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 TO: Name Daytime Telephone Number __ Richard A. Cairo _ _ _ _ __ _ (717) 238-0423 Firm Name Qf Applicable) _ - _ _ _ - _- _ _ Richard A. Cairo Atty _ _ __ _ _ _ _ REGISTER F WILLS USE ~.Y c~ ~,w, , First line of address ~ n ~ f-i•? 1204 Chelsen Cross -c7 ~ ~ ~'~ T~7 Second line of address - -T 7 _ a: ~ c`, -? .... ) r~ _ _. > ~--~ - City or Post Office _ _ State ZIP Code DAT LED L`~ .~ r ~ ~~ Mechanicsburg _. _ PA 17050 __. _ r _...-. _ __ __~ .~- ~,,~ 1 _ __ __ .~ -_____ __ X~ Correspondent's a-mail address: 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 preparer has any knowledge. SIGNATUR~OF PERSON RESPONSIBLE FOR FILING RETURN ...__ ADDRESS ._- ~ ~~ ~ ~~~ ~~~ O 5042 M in Drive, East Petersburg, PA 1 20 .y `., 1~7--1~5 DRESS 1204 Chelsen Cross, Mechanicsburg, PA 17050-6611 PLEASE USE ORIGINAL FORM ONLY 15056051058 Side 1 L 15056051058 15056052059 REV-1500 EX Decedent's Social Security Number __ Decedent's Name: Mary Shaffer _ _.~ _ ~. APITULATION _... - .._... ... .._.. _._ . __ _ _ _. 1. Real estate (Schedule A) ............................................. 1. 155,000.00 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. 60,792.84 6. Jointly Owned Property (Schedule F) Separate Billing Requested ... .... 6. 118,737.76 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Pro ert p y (Schedule G) Separate Billing Requested.... .... 7. 8. Total Gross Assets (total Lines 1-7) .... .......................... .... 8. 334,530.60 9. Funeral Expenses & Administrative Costs (Schedule H) ................. .... 9. 62,645.60 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) ............ .... 10. 420.13 11. Total Deductions (total Lines 9 & 10) ............................... .... 11. 63,065.73 12. Net Value of Estate {Line 8 minus Line 11) ........................... ... 12. 271,464.87 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 Lrne 13) ..................... _.,.... ... 14. 271,464.87 _ TAX COMPUTATION -SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 _ _ __ ____. 15. 16. Amount of Line 14 taxable at lineal rate x .0 45 271,464.87 16. 12,215.92 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. 12,215.92 20. FILL IN THE OVAL fF YOU ARE REQUESTING A OVERPAYMENT 15056052059 Side 2 L 15056052059 REV-1500 EX Page 3 Decedent's Complete Address: File Number ~'.. F f DECEDENTS NAME DECEDENTS SOCIAL SECURITY NUMBER Mary Shaffer 201-18-6812 STREETADDRESS 905 Lisburn Road CITY - - Camp Hill STATE ZIP PA 17011 Tax Payments and Credits: 1. Tax Due (Page 2 Line 19) (1) 12,215.92 2. Credits/Payments A. Spousal Poverty Credit _ e. Prior Payments 10,000.00 C. Discount 500.00 Total Credits (A + B + C) (2) 10,500.00 3. Interest/Penalty if applicable D. Interest E. Penalty Total InterestlPenalty (D + E) (3) 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYINENT. Fill in oval on Page 2, Line 20 to request a refund. (q) 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) 1,715.92 A. Enter the interest on the tax due. (5A) B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5B) 1,715.92 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 : ..................................... ....... ^ 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? ......................................... IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is three (3) percent [72 P.S. §9116 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is zero (0) percent [72 P.S. §9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for 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 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 (1 Z) percent [72 P.S. §9116(a)(1.3)]. Asibling isdefined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. pennsytvania e.~, DEPARTMENT OF REVENUE INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE A REAL ESTATE ----- ESTATE OF FILE NUMBER Mary Shaffer 21-08-1099 N~~ real property ownea soiery or as a tenant in common must 6e reported at fair market value. Fair market value is defined as the price at which property would be exchanged bekween a willing buyer and a willing seller, neither being compelled to buy or sell, both having reasonable knowledge of the relevant facts. Real property that is jointly-owned with right of survivorship must be disclosed on Schedule F. Attach a copy of the settlement sheet if the properly has been sold. ITEM Include a copy of the deed showing decedent's interest if owned as tenant in common. VALUE AT DATE NUMBER OF DEATH DESCRIPTION __ _. I' Single Family Dwelling, 905 Lisburn Road, Camp Hill, PA 17011 (Lower Allen Twp., Cumb. Co.) 155,000.00 'As of the filing of this return, this property not yet sold. DOD value based on statement of listing agent TOTAL (Also enter on Line I, Recapitulation.) I ~ 155,000.00 If mare space is needed, insert additional sheets of the same size. ~ArII"'• '•"'~J ~1 PISCIONERI REALTY, INC. 3315 Market Street Comp Hill, Pennsylvonia 17011 Office 717.737,2121 Fax 717.737.7129 July 15, 2009 Dear Mr. Cairo, As per your request I have inspected the property located at 905 Lisburn Road and determined a value as of 14/15(48 to be $155,000. ..--~-~. Sincerely, ~~`~ _ /1 Daniel T. Fiscioneri Broker/Owner Century 21 Piscioneri Realty, Inc. Q'..is ,~._l_+.5. 1>-CzPi,~Jt'-,IY',.•.'~r;7 l 7 •.. ~+r~}fgry REV-1508 EX+ (8.98y ~ SCHEDULE E COMMONWEALTH OF PENNSYLVANIA ChSH, BANK DEPOSITS, & MISC. INHERITANCE TAX RETURN PERSONA! PRC-PERTY RESIDENT DECEDENT ESTATE OF FILE NUMBER Mary Shaffer 21-08-1099 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH _ _ _ _ 1 Federal Income Tax Refund, Final Return, Tax Year 2008 3,456.00 2 Prudential Financial Interest Bearing Non-Deposit Account No. 1000321633, Approx. DOD Value 31,781.09 3 JNG Account No. 81303470668462 25,555.75 TOTAL (Also enter on line 5, Recapitulation) $ 60,792.84 (If more space is needed, insert additional sheets of the same size) REV-1509 EX+ {6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE F JOINTLY OWNED PROPERTY ESTATE OF FILE NUMBER Mary Shaffer 21-OS-1099 If an asset was made joint within one year of the decedent's date of death, it must be reported on Schedule G. SURVIVING JOINT TENANT(S) NAME ADDRESS RELATIONSHIP TO DECEDENT A• Vernon J. Shaffer II _ _ 1860 Rosstown Road __ _ _ _ ;Son Lewisberry, PA 17339 B" Eugenia L. Barley 5042 Martin Drive Daughter East Petersburg, PA 17520 G JOINTLY-OWNED PROPERTY: ITEM NUMBER LETTER FOR JOINT TENANT DATE MADE JOINT DESCRIPTION OF PROPERTY INCLUDE NAME OF FINANCIAL IIJSTITUTION AND BANK ACCOUNT NUMBER OR SIMILAR IDENTIFYING NUkABER. ATTACH DEED FOR JOINTLY-HELD REAL ESTATE. DATE OF DEATH `/AUJE OF ASSET ~5 of DECD'S INTEREST DATE aF DEATH VALUE OF DECEDENT'S INTEREST 1 A. 12/13184 Citizens Bank, Acct. No. 6100770680 2,638.28' S0' 1,319.14 2 A 04/01/03 Ciizens Bank CD Acct No 6241286833 . . . 56,495.79 50 28,247.89 3• B -03/14/02 Citizens Bank CD Acct No 6140858623 . . . 90,024.95 50 45,012.47 4• B 03/14!02 Wachovia Bank CD Acct No. 247412051719422 . . 88,316.53 50 44,158.26 TOTAL (Also enter on fine 6 Recapitulation) I $ 118,737.76 (If more space is needed, insert additions( sheets of the same size) REV-1737-6 EX + (6-08) REVERSE pennsytvania DEPARTMENT OF REVENUE INHERITANCE TAX RETURN NONRESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & Use Schedule H ONLY for proportionate ADMINISTRATIVE COSTS method of tax computation. ESTATE OF Mary Shaffer FILE NUMBER 21-08-1099 Debts of decedent must be reported on Schedule I. ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: ~. Parthemore Funeral Home _ 13,250.87 Rolling Green Cemetery 255.00 B ADMINISTRATIVE C05TS: - __ 1- Personal Representative's Commission(s) 22,450.00 Name(s) of Personal Representative(s). Eugenia L. Barley (Submit requested information for additional personal representative's on additional sheets) Social Security Number{s} or EIN Number(s) of Personal Representative(s) 205-42-6563 Street Address(es) 5042 Martin Drive __ cay(ies} East Petersburg state{s) PA zIP(s) 17520 Year(s) Commission Paid .2009 Or 2010 Z- ~ Attorney Fees 8,000.00 3. Probate Fees 771.24 4. Accountant's Fees 500.00 6• Tax Return Preparer's Fees 6• Miscellaneous Expenses ............... ...................... .......... :Maintenance and Sale of Decedent's Real Estate, Itemized List Attached __ - 17,418.49 TOTAL tAlso enter on Line 9 Recapitulation) $` 62,645.60 (If more space is needed, use additional sheets of paper of the same size) Schedule H -Funeral Expenses & Administrative Costs (Addendum} Estate of Mary Shaffer File No. 21-08-1099 Expenses Related to Upkeep of Real Estate Pending Sale and Sale 1. Utilities DOD through June 2009 a. UGI $1261.94 b. PPL $222.43 c. PA-Am Water $159.92 d. Verizon $122.85 e. Lower Allen Township Sewer/Trash (4 billings) $384.00 Total Utilities $2,028 22 Other Expenses DOD through July 5, 2009 2. Postage $25.00 3. Cost to move some furnishings $20.00 4. Got Junk Debris Removal $944.00 S. Grass Mowing Expense $300.00 6. Liberty Mutual Fire Insurance $224.47 7. Self Storage Fee $23.59 8. Mileage to Home and other estate errands - 2,115 miles x .55 = $1,163.251 9. Real Estate Tax, County/Township Taxes $640.52 10. Real Estate Tax, West Shore School District $1199.44 11. Real Estate Sales Commission (Estimated based on 6% Comm.) $9300.00 12. Realty Transfer Tax $1,550.00 Total Other Expenses $15,390.27 Total of Real Estate Upkeep and Sale Expenses $17,418.49 i This reflects distances traveled from East Petersburg to Camp Hill. r^,EV-112 EX-! (12-73) pennsytvania SCHEDULE I DEPARTMENT OF REVENUE DEBTS OF DECEDENT, INHERITANCE TAX RETURN MORTGAGE LIABILITIES & LIENS RESSDENT DECEDENT ~~~Nic yr FILE NUMBER Mary Shaffer 21-08-1099 Report debts incurred by tfie decedent prior to death that remained unpaid at the date of death, including unreimbursed medical expenses, ITEM NUMBER DESCRIPTION VALUE AT DATE OF DEATH ~. Family Physcians Associates. _ _ _ -- __ _ 17.38 2. Zeplin Security 177.75 3. PA State Income Tax 225.00 TOTAL (Also enter on Line 10, Recapitulation) $ 420.13 If more space is needed, insert additional sheets of the same size ~V-I52 c%b (Il-SRi i'~ pennsylvania DEPARTMENT OF REVENUE INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE BENEFICIARIES ESTATE OF FILE NUMBER Mary Shaffer ~~_nQ_~noo NUMBER NAP1E AND ADDRESS OF PERSON(S) RECEIVING PROPERTY RELATIONSHIP TO DECEDENT Do Not List Trustee(s) AMOUNT OR SHARE OF ESTATE I TAXABLE DISTRIBUTIONS [Include outright spousal distributions and transfers under Sec. 9116 (a) (1.2).] __ 1.' 'Vernon J. Shaffer II, 1860 Rosstown Road, Lewisberry, PA 17339 -Son 1/3 2. Eugienia L. Barley, 5042 Martin Drive, East Petersburg, PA 17520 Daughter 1f3 3. 'Scott A. Shaffer, 134 N. Green St., Palmyra, PA 17078 :Son 1 /3 _ _ __ _ _ ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH , 18 OF REV-1500 COVER SHEET, A I ~ S APPROPRIATE. II NON-TAXABLE DI5TRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN _ 1. _. _. _ _ B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS 1. _ _ TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET. $ ii more space is neeaea, insert aoditianal sheets of the same size. ING November 24, 2008 MARY SHAFFER 905 LISBURN RD CAMP HILL PA 17011 ~~ v ~. ~. RE: Personal Transition Account Number 81303470668462 Dear Account Holder: Thank you for your request for financial information on your Personal Transition Account. The Personal Transition Account balance on 10/23/2008, was $25,555.75 If you have any questions or concerns, please call the ING's Financial Lifeline Service Center at 1-800-625-7440 between the hours of 8:00 AM and 7:00 PM ET. ~. It has been our pleasure to be of service to you. Sincerely, ~ ~~ ING's Financial Lifeline PO Box 535405 Pittsburgh PA 15253-5405 WACHOVIA Reference ID: 2638828 Wachovia Bank N.A. Balance Confirmation Services P O Box 40028 Roanoke, VA 24022-7313 December 4, 2008 RICHARD A CAIRO ATTORNEY AT LAW 1204 CHELSEN CROSS MECHANICSBURG, PA 17050 SUBJECT: Verification /Confirmation of Account and Balance Information provided for: Customer: MARY SHAFFER (SSN# XXX-XX-6812) Date of Death: October 23, 2008 Denosit Account Information Account Account Date of Death Average Date Maturity Interest Accrued YTD Date Type Number Balance Balance* Opened Date Rate Interest Interest Paid Closed CERTIFICATE OF X7CXXXXXXXXX9422 $88,316.53 3/14/2002 $80.63 $2,424.53 11/14/2008 DEPOSIT LEGAL TITLE: MARY SHAFFER EUGENIA L BARLEY CLOSING BALANCE: $88566.72 JOINT WITH RIGHT OF SURVNORSHIP No Safe Deposit Box found for customer. * Date of death balance does not include accrued interest. * If date of death occurrs on a weekend or a holiday, date of death balance does not include any transactions that were made during tl~~'me per i ennifer St ub Servicenter Associate Phone: (540)563-7323 (cw; js 0000 000614 Rev 01 ~, i~ Account Number 6100770680 Account Title MARY SHAFFER VERNON J SHAFFER II Date Opened 12/13/1984 Account Type Checking Principal Balance as of DOD _ $2638.28 Interest from Last Posting to DOD ____________ __ $ .00 Account Balance as of DOD $2638.28 YTD Interest to DOD $3.80 Account Number 6140858623 Account Title MARY SHAFFER EUGENIA L BARLEY Date Opened 3/14/2002 Account Type Time Deposits Principal Balance as of DOD $89952.00 Interest from Last Posting to DOD _____ _ _ $72.95 Account Balance as of DOD $90024.95 YTD Interest to DOD $2488.86 ~~~~ ~~ .~ Account Number 6241286833 Account Title MARY SHAFFER VERNON J SHAFFER II Date Opened 4/1/2003 Account Type Time Deposits Principal Balance as of DOD $56397.97 interest from Last Posting to DOD $97.82 Account Balance as of DOD $56495.79 YTD Interest to DOD $1281.24 Prudential ~. Financial To Whom It May Concern: Prudential Alliance Account Services The Prudential Insurance Company of America 2101 Welsh Road Dresher, PA 19025 (877) 255-4262 www.prudential.com _X_ The interest bearing, non-deposit account is a settlement option for insurance proceeds. The monies for the account are held by The Prudential Insurance Company of America. The account is accessed by-the accountholder with drafts cleared through Bank One. The account referenced in your letter is not a "bank" account. Date: November 26, 2008 Account Number: 1000321633 P N° Current Balance: $31,931.09 __.~-~ We are unable to process your attached request. In order to process your request, please forward the following information to the address provided above. As the information you seek is confidential; the document must bear the original signature of the accountholder authorizing Insurance Services to release specific information. The document must include the name of the Insurance Company with whom the customer holds an account. The document must include the customer's account number. Thank you. Open Solutions Inc. is the Administrator of fhe Prudential Alliance Account Settlement Option, a contractual obligation of The Prudential Insurance Company ofAmerica, located at 751 Broad Street, Newark, NJ 07102-3777. Check clearing is provided by Bank One and processing support is provided by Integrated Payment Systems, Inc. Alliance Account balances are not insured by the Federal Deposit Insurance Corporation (FDIC). Open Solutions Inc., Bank One, and Integrated Payment Systems, Inc. are not Prudential Financial companies. LAST WILL AND TESTAMENT OF OF MARY SHAFFER I, Mary Shaffer, single woman, of Lower Allen Township, Cumberland County, Pennsylvania, being of sound mind, memory and understanding, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking and making void any and all prior wills, codicils, writings thereto, by ine at any time heretofore made. ITEM I All the rest, residue and remainder of my estate, both real and personal, and wheresoever situated, I give, devise and bequeath to my children Vernon J. Shaffer II, Eugenia L. (Shaffer) Barley and Scott Alan Shaffer to be equally divided among them; provided that the share of Scott Alan Shaffer shall be place in trust for him in accordance with the teens stated below. If my children should not survive me, then their respective shares shall pass to their issue, per stirpes, except in the case of Scott Alan Shaffer, whose share shall pass in accordance with tl~ s of the trust. ~7 ~~~ 1=' Cjj ~ "i ITEM II ~~ip g„ C I hereby appoint Eugenia L. (Shaffer) Barley as trustee of a trust established h~eb~y for o my son Scott Alan Shaffer. If, for any reason, Eugenia L. (Shaffer) Barley cannot serve as v~o trustee of this trust, then I appoint Vernon J. Shaffer II as trustee of the said trust. If neither of these persons can serve as trustee, the Court of Common Pleas of Cumberland County shall ` appoint a successor trustee. The trustee shall administer the trust for the health, education and c maintenance of Scott Alan Shaffer in accordance with the following terms: Payment of Principal and Interest ~~ ~`" The trust estate shall be administered for the benefit of Scott Alan Shaffer. During the ~ term of the trust, the trustee shall apply the net income and principal as follows: a. The trustee shall, in monthly or in other convenient installments but in no event less often than annually, pay to or apply all of the net income from the trust estate to Scott Alan Shaffer. . b. The trustee shall at any time pay to or apply so much of the principal of the trust estate as the hustee in his/her discretion deems appropriate for the benefit of Scott Alan Shaffer. The trustee shall consider, to the extent known to him/her, any other income or resources or earning power available to the beneficiary. 4~`,1 ~ 3 L.~.l ti/ i {'T`t ~_ J ` } c_:~, ~ _; ~- f~ r7 ,._ : _;~ Termination and Distribution of Tntst 1. Upon the death of my son Scott Alan Shaffer, this trust shall terminate and any remaining assets shall be distributed to my grandchildren Timothy E. Barley, Jr., Jesse A. Shaffer and Christina M. Barley, to be divided equally among them, or their issue per stirpes. Definitions 2. References in this will to "child" or "children" mean lawful blood descendants in the first degree of the parents designated and references to "issue" mean lawful blood descendants in the first, second, or other degree of the ancestor designated, provided always, however, that an adopted child and such adopted child's lawful blood descendants shall be considered in this will as lawful blood descendants of the adopting parent or parents and of anyone who is by blood or adoption an ancestor of the adopting parent or of either of the adopting parents and shall not be considered descendants of the adopted child's natural parents, except that, where a child is adopted by a spouse of one of this or her natural parents, such child shall be considered a descendant of such natural parent as well as a descendant of the adopting parent. Alienation and Attaclunent of Beneficiary's Interest 3. No beneficiary or remainderman of this trust shall have any right to alienate, encumber, or hypothecate his or her interest in the principal or income of the trust in any manner, nor shall any interest or any beneficiary or remainderman be subject to claims of his or her creditors or ~ liable to attachment, execution, or other process of law. 5 ~v General Administrative Powers of Trustee 4. In order to carry out the purposes of any tnist established by this will, the trustee, in addition. `` ~ ~~' to all other powers granted by this will, or by law, shall have the following powers over the ;~ trust estate, subject to any limitations specified elsewhere in this will: a. To retain any property received by the trust estate for as long as trustee considers ,~ advisable. r`~`~ f\ b. Without being confined to what is known as "legal investment" to invest and reinvest in every kind of property and investment which men of prudence, discretion, and intelligence acquire for their own accounts. c. To manage, control, repair, and impose all trust property; to construct, alter or repair buildings or structures on real property; to settle boundary lines, easements, and other rights with respect to real property; to partition and join with co-owners and others in dealing with real property in any manner. d. To sell any tnist property including real estate, at public or private sale at such time and price and on such terms and conditions (including credit) as the trustee may determine and to exchange any trust property. Page 2 of 5 pages e. To adjust or compromise any claims for or against the trust, and to agree to any rescission or modification of any contract or agreement. f. To lease any property for teens within the period prescribed by law for any purposes which the trustee in hi discretion may deem advisable, with or without an option to purchase, and to made such improvements or effect such repairs or replacements to any real estate subject to this trust, and to insure such real estate against fire or any other risks, and to charge the expense therefor to principal or income or part thereof to each as the trustee may deem proper, and to develop such property by subdivision, etc. g. On any division or distribution of the trust estate, in the discretion of the trustee, to divide and distribute property interests, partly in money or in kind, including undivided interests; to exercise such powers, herein conferred, after the termination of the trust estate until final distribution of the trust assets; and to evaluate trust property for the purposes of determining the amount of the trust principal to be distributed to each beneficiary named herein; which valuation in the absence of a showing of bad faith should be conclusive and binding. Determination of Principal and Interest 5. Principal and interest shall be determined by the trustee in accordance with the applicable statutes of the Commonwealth of Pennsylvania. 1 .J ITEM III All taxes, interest, and penalties thereon payable by reason of my death with respect to property comprising my gross taxable estate, whether or not passing under this will, shall be paid ~~ from the principal of my residuary estate. I further direct that all my just debts and funeral expenses be paid as soon after my demise as maybe convenient. C~ ITEM IV I nominate, constitute and appoint my daughter Eugenia I,. (Shaffer) Barley, as the executrix of this my last will and testament. If, for any reason, she cannot perform these duties, then I appoint my son Vernon J. Shaffer II as the alternate executor of this my last will. Said executor shall have full powers at his discretion to do any and all things necessary for the complete administration of my estate, including the power to sell at public or private sale, and without Order of Court, any property belonging to my estate, to compound, compromise or otherwise settle or adjust any and all claims, charges, debts and demands whatever against or in favor of my estate, as frilly as I could do if living. No fiduciary acting hereunder shall be required to post bond or enter security in any jurisdiction. Page 3 of 5 pages IN WITNESS WHEREOF, I have set my hand and seal to this my Last Will and Testament consisting of this page and three others that I have signed in the margin, plus aself- probate form, this day of ~~ l~-~ i-, ~ -~,,,~~ 200p lYIary Shaf e~- We, the undersigned, hereby certify that the foregoing will was signed, sealed, published and declared by the above named Testatrix as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence and in the day and year above written, have signed below as witnesses; and we certify that at the time of execution thereof, said Testatrix was of sound and disposing mind and memory. // tt _ Residing at L~~~zcr,~ ~ ~~ f ~ n~ ~~ ~~ ~ ~ ~~ ~~~-- Residing at ~~;' `~~? ~- ~ ~ c_ Page 4 of 5 pages COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND We, MARY SHAFFER, ~ ~ ~_~ ,~ ; ~ ~ ~'~~~ and ~~ `''~~ ~~~~ `~ ~~ `i d'' ~'? ,the Testatrix and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will and that she signed willingly, and that she executed as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as witnesses and that to the best of their knowledge, the Testatrix was at the time eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. Sworn to and subscribed before me this ~_ day of '~% ~ Y _, 2000. _~ ~~ Notarial Saaf C3ichard;`,. Cairo, f~lolary Public Harrisburg, Dauphin Courrty rviy Commission Expires Dec. 28, 2000 r~lember, PE~nnsyivania Association of iVotaries Page 5 of 5 pages